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Home My WebLink AboutMeeting of Bayshore Municipal Utility District ;i11 ,~~--==-=~~~)'im:"'..;-:~.~~7.e~c~~:.r~=~~-...~-;t~~....-~......~..~IC!::! ,,2/( By County, Texas County Clerk ,19_, Dated this the _ day of ,r:, ...... '. "\ ...- . . ~ . ~ I, the undersigned County Clerk, do hereby certify that the Notice of Meeting of the governing body of the above named political subdivision, is a true lUld correct copy of said NDtice received by me Dn the day of . 19--, at o'clock ---M" lUld that I posted a true and cor. rect copy of said Notice Dn the bullelill board at the COurthOUSB door of County, Texas, OD the day Df . 19--, llIld said NDtice remained so posted continuous- ly for at least 72 hours immediately preceding the scheduled limB of said Meeting. By .Dated this the _ day of ...,. :/. . I, the undersigned authority, do hereby certify tha,t the above Notice Df Meelillg of the governing body of the above named political subdivisJoll, is a true and correct copy of said Notice; ii'bd that I posted a true and correct copy of said Notice on thB bulletin board, located at a place convBnient and readily accessible to the gen- eral public at all times in its administrative DfBce, at 707 Shady River Road, La Porte , Texas, and said Notice was posted on Jul v 6th . 1~ at 11: 00 D'clock ~., lUld remained so posted continuously for at least 72 hours immediately preceding the scheduled time of said Meet. fIlg; a truB and correct copy of said Notice was furnished to each county clerk of the county or counties in which the above named political subdivision is located. . Additionally, I certify that the above Notice of Meeting of the governing body of the above named po- litical subdivision was furnished t9l' the Secretary oL...State on , 19_. lin wh.l m.nner) By Ba Dated this the ~ day of July 1. AEeroval of Minutes 2. Security Report' 3. M & 0 ReEQrt 4. Old Business - Surface water - Ponds 5. Re~ort_from La Porte on Annexation 6. Treasurer's ReEQrt 7. Adjournment 8. Exe.cutive Session u__ U~ County , Texas, at which time the fDllowing subjects will be discussed, to-wil:: i_ Notice is hereby given that a .'~l:I---- meeting of the governing body of the (Spooial 01 R....lor) -~ ...hore --"Municipal Utility District will be held on the 13th day of___JulY 1~ at' 7: 30 P. Pd., in the District Office at 707 ,Shady River Road La Porte L Texas 77571 ~ " ~l DISTRICf BAYSHORE MUNICIPAL UTILITY 16-Z0t-N-="IW R...r.r Mull..., WI'" Dblllc'.... 01118' Dhlllcll_l", III W PI. 1ft' ....lIu.... R'lurnt-C111t 4 110751 d!l..., . r . l.... IIlIt c:;..... a.AIIII..., '''d ~---. ..~_\il\r,..-~'_, -'-'~"'~ 11^II'I'~:'_"--"""""'~'- ,.......___._.....,"'"~._.,.. "--'-- --..~- . .".... ".---...-.-. ~ . -. . . .f'-.MIIIl.........~"...,...,..,,~..t . ~ NOTICE OF MEETING OF THE GOVEllNlNG BODY OF THE " I ~. .. t I I . ,...,iO ':} ,: .'" :( ,,' ~ ;, ':: ,.I ';.' ..... .... , ..~', . :,. ..{;\~.' .. .,. 'I" , .. ,... ' .j' .... ." .~ ~ ... " l: '!!Ii , ' .: .' -:0' ' j I ';. . ,'. .... ,.. :.~.:.;~'~: ."": .'; :1 ,".-;: .-:';..,.' ",. ,'... ~ .. I ! I I . I . ' ':\ . ;......\ " ' -, ' IE) E. (., E" \/ ~~ ~) In .. '..'" ," ~1 J~L r~19at I ,I .:',. t ..' . . BAYSHORE MUNICIPAL UTILITV DISTRICT 7~7 Shady Hiv~r Road ~a Pur~e, Te~as 77571 fli'JI NUTIES (R0~ul~r Meetin9 June B, :i9B8) Supervisors Present: Staff: C1 ark.::\ ,Y\(4)"ri!;'. B:i 11 G"'~al 'ty,ey J.:~c:.< Mi trane, ~Ci Tall :'t.cnet Gec""'!;i.~ ,YJa:'11 st,ed'i:: ")Y~l'" L.e",d s Absent;: HiiH"c,l d Kau?maY~ Sues'\l;.s: Jan EMric~ SAV~D Buddy Jaco.bs - La Porte Boar~ Presid&nt Clarke ~orris called th~ meeting to O"Gsr at 7~3~ ~.~. Mr. Gwaltney moved that~hs minutes o.f the last re;ular mee~in;, May l1, 1988, be appre,vecl. Ivtr. J.<.aufl'llal'" seccmdecl tne me,t.ie,ys anel tr"le f~1c,tic'~~~ passed uYh:wdrt:c,usly. SECURITY REPORT; Mr.. G...~altY'~ey reporteel tl")at he has t"ece-:~vecl .;:~ cl.d:! from the Mayc,)'" c4'F Shc4reac-res'1 Bi lly ':!ames., ..,me. ~'e told IV]r. (:;wal tYley that Chief Franks had resi9ned. ~e saie that tney are workin9 on a repe,r't ay,cl we;'.L 1 d send i't; over. lRESOLUTIO~ 248; Nr!\1!,. L4if~",ds 0:l5.I~ed the Beli:H....d~~el pa!::,5, ;,;w',c,'.:.:~..:n" F1esc:.lutioys <::4)': the r.:esi>l.I:!.'C.S c.f the f:H.IOfiU'vb:;.CI)"'l:l> j;,lect,icm. -~~n:~s reso!ution ]ist~ all the writ~i~ vo.:.:es ala~g witn t~e r~9ular vcd::es. Th:is y'\;-sc, 1 ld.::i. c,yj !i>t::lll t.leclarl:-is Iv:)". IV,it.ray,c. Coysr... !'I.r. ';allichet the ",~.i ~Y$er=,. ;'fJY'. Gwa 1 '\:: r.ey f(Jc,ved ti"'la'r:. '..h\Jil BOi:lr:j pi:\ss'~esc.lllt JOYs 2l>~.. l"lr. l't,i'''~''CW$CI sr.:?co;"Il:Ie,.1:.! '~r'e r"lc:.'t~:;'c'n ..Iy,e- t''1r"" r~;cn..ic'y, ~;:\s.,s~d llnan:1I)'lClllsl y. ~ &. 0 REPORT; MY'.. M..\j") J. $:l;:.ed't. )"epc.rt:ed 'Ghi:~'t he had ?!t"c,t,d e"tlS Id t~'1 the S~aL1y Rivar lif';.;. stat:ie,y, ""J-H~e4"'~:ir"~1 bli?ltS. He rej.:.\::'acc.;:; t.'1e bases and now the mot0rs are runnjng fine. Mr. Manlste~t ~ave the figures fel)" the "'~r.\t:er i:;'H,If~I;3ecl frclfl1 'the well aY$cj 5>e\f~agf:i.l tY'E:.'atee. i:\t 13111 f CClast Waste Dispe:'s,al A\.\thorit.y.. HCCA; !VI)'''.. IV!c,rri s reported that i:1~ai y, we '....ere tllry,ed c:e:'lp~Y, by the ~ar)"i 50 Ce'lmty CClmr~l\"yd ty DevelopmEmt ~geY,cy fe,r f\.mds t.o repai r the se\f~er sys:,tem. , I ~.:.!. . e Pa!:"'e Z Surface Watel^; The Bc<ard ha.;;\ a shc<r-c di SCllS5,ioY", c.y, the :;rc<lInd stora~e facility to be built at the District's existing well. Mr. Jacobs from the city of La Porte added inout for ~he Water Authority. Mr. Tal1ichet made a r/lc<ticlI', that the I.listrict mc<ve aheac. all",c ;oet Busch Hutch~son, th~ District's EnQineer, to draw uo the pl~ns and spec:i ficat ic.y"s fe.r the ?rc<'-IY'I(.~ stc.t"age t aYIl< ay,el the pump nc.use at the wel1. Mr. GlIlalt'Yley s;:,eccn",ded the mCltic.y, and the mc\tic.Y1 pas,sed \.\y,all'dmously. RESOLUTION 249; The Board helel a c.iscussiclYI C\Y"1 puttill"I~ a rrc.ri:i\tot';ium OY, new cC.lI"lYIec.t iC'lI"lS i lI"l the Di etr'i ct 'fc.t' a per i C<C~ eYlel:i YI~' .J aYI\.lary 1, 3.9S8. l"1r. TC1llichet reported on the deter'ic.ratiy'I9 syst,e:11 all"ld the rsir'l infiltration. Mr. Tallichet made t~~ motion tnat the boar~ pass Resc,lut:\ol"l 24,3 c.'t"eat.ill'lq a ~O)'''~tc'ri'-'''11 C<YI all nelfJ cC'YlYlectic<y.;;. ay.d if the r.,o:,,'atori '-1m cy'eat,es:, a t'~arcishi p Cll", 1';;\'1'" i y:d i v ~ clual" t....iilt i T,di vi c.luCll has t,he ri g~;t. tCI cc<m~ oefc.re t,he BClaro aYld reques,.t. t.h~ Board make al'"l ~y,ceptic.\n "I::c. 'the Hesc.luticlY'l. Mr. Gwaltl",ey secc'Y"ld€'~cl tne rt,c,tic'Y'1 r.:Il"'C; t:u:' mot~on p~ssecl unanimous~y. Pends; The x..{clC:lrO discussecJ !;.:1viYlg L.a ~orte ..~ repc,rt c'.n wl'l.:\t the Dis~rict int~nded to clo to elose the ponel area. The Dititrict will Y'leed to c:iiSc:.'~,S5" \lJith the State envirc'Y',rl',ent,al Agency wna't the St,Clt,e l"'eq\.dres 'GCl t<lose OCll"'!Y"1 5.ueh a j;;ite. TREASURER'S Reoort; Mr. Mitrano gave ~he Treasurer's Report. Mrs. Lewis made a mistake on the Balance on the MI8 st8teffi~~t and ~r. J'tIi traYICl t"eCjuustecl that: j'I'lrs. Lell-Ji 5. cc.rt"ect the mi 5.take i:\y,c.l ~d ',Ie 'the Board an updlOlte at, the Yle:l<t mC'Ylthl y meet h'lg. Mrs. Lewi s aqreed to reissue the Fisc,;;\! SUrrll'l.Ii:\)....y fc.r May at the ..h.lly Meetint.. ADJOURNMENT; "he meet,iy'g adJc.\.\rY'Ied at 8:.21Zt P.M. AlI"lY'1 Lewi 50 Recol^ding Secretal^Y Harold I.t,aufrl'l~n District Secre~ary . e BAYSHORE MUNICIPAL UTILITY DISTRICT 707 Shady River ~oad La Porte, Texas 77571 1W'~1 NUTlES eSpecial Meeting June 14, 1988) Suoervisors Present: Staff: Clarke Morris A~~ Lewis Bi 11 8"'Aal tr'ley Harol d Kallfr.l1a;'1 Absent: Jack Mi traYIO Ed Tall iehet Bc.ard lJresidEmt Clarxe Mc.rris called the meeting 't:e. c.rder at 12:15 P..M.. RESOLUTION 250: The BC'F.!t"'d h.';;\c! a ShCly't c.iscussic'r'l C'Ys F1esc.l\.lticm 250.. This Resolution supercedes Resolution 249 which calls for a rnc.ratc.riufn c.n }')el#l. cC'r'lnectic'YI5. in the Dis:trict.. There is, Ylel chaYlge i Yl 'the Resolll''; ic.n except the elate.. Resol11t iOYI 249 "'H:\S YIOt c.n the agenda.. This resolution is on the agenda of the spec~al meeti~g and is filed with oj:,he cC'lmty clerk.. Mr.. GwaltYley made a me.tion t~at the BClard pas,s Ree,cllut,ioYI 250.. jVir.. KaufmaYI secoYlded the mcrt:iCIY'J, aYle the mc.tiOYI passecl lIYlay!imc1usly.. ADJOURNMENT; ""he I'Sleet:iYlg ad.lcH,lrrled at. 12:E:;:i ~..I"f1.. AYWI Lew is Recordin~ Secretary Hat"'c.ld Kallfmay" District Secretary ...~ :;:l-".:r..t....~P').:. '~. ",' . . :;1 ~,~..:..} sr;::::. ',:. , ",..,. t. ........ ~.r-:<~"..:,w ,. . <zb ' t'.... ,~-J f:JJ ...... ......;;;> OIU........ LJ) () Ul a: ex:> ex:> en C":) ~ 4 ;z :::> -, 16-243D-Nol;--'.1 .. 11II01., Mttllag '" Wile' Dlslrlct and olhtr Dlslrlcls ....rIng all .. pall .- I... ....11" and R.IIllU-CIas. 4 ClD751 d!l -_'"""--'W':':' " ~~~ Halt crrljlhl".AusU.. Tuu . :'Y~.""""'-W,.'lttf~;''''+:~':''f!::'''''.;.....~U'.~~~~.:;..~,:-=-r~~;..,n~~~~.:;..~.;:. ,~ :' NOTICE OF MF.F.TING OF 1'IIE GOVERNJNl; UODY OF TIm BAYSHORE HUNICIPAL urILITY DISTRICf \ It Notice is hereby given that a Municipal rtility Special ($pl)Cial 01' Reau1"1' ~ meeting of the governing body Df the Eayshore 19..J!!L, at' 12:00 p, ~., in the La Porte, Texas 77571 District will b,' beld on the 14th day of District Office, 707 Shady River Road Jlme Harris County , Texas, at which time the following subjects will be discussed, to-wit: 1. A Resolution declaring a Moratorium on permits for new connections to existing water distribution Mains, for a period ending December 31, 1988, c I I t , , I I ! J\me Dated this the 10th day Df Ba By , .i .' ,I, the undersigned authority, do hereby certify tha,t the above Notice Df Meeting of the governing body of the above named political subdivision, is a true and correct copy of said Notice; and that I posted a true and correct copy of said Notice on the bulletin board, located at a place convenient and readily accessible to the gen- eral public at all times in its administrative office, at 707 Shady River Rd , La Porte , Texas , Texas, and said Notice was posted Dn Jlme 10th , 19-!llL, at 10:00 o'clock .&-M., and remained so posted continuously for at least 72 hours immediately preceding the scheduled time of said Meet. ing; a true and correct copy of said Notice was furnished to each county clerk of the county or counties in which the ab~ve named political subdivision is located, Additionally, I certify that the above Notice of Meeting of the governing body of the above named po. Iitical subdivision was furnished to the Secretary of ,State on (in what mannerl ,19_. I F. i; ~. . Da~d this the 10th day of . 19.!!!L. June ... Ea shore Munici By I, the Undersigned County Clerk. do hereby certify that the Notice of Meeting of the governing body of the ' t above named political subdivision, is a true and correct copy Df said Notice received by me on the day of . 19---. at o'clock -M" and that I posted a true and cor. rect copy Df said Notice on the bulletin board at the courthouse door of County, Texas, on the day of . 19--, and said Notice remained SD posted continuous- ly for at least 72 hours immediately preceding the scheduled time of said Meeting, Dated this the --'- day of , 1~_, County Clerk County, Texas' . By ....~~~t~!:="1l."\Irtl.':'~.~~.-=:~~..~.~~:....~,.~.~'!~~-.:___-=~~1~~...,...~.....dfmf.II-. .... ;'~ . te BAYSHORE MUNICIPAL UTILITY DISTRI~F:r;r:: 707 SHADY RIVER ROAD LA PORTE, TEXAS 77571 . ...,..1 It l:D (713) 471.5205 MAY . . r)' ISb(j 'A~ ' {y _n ~" eO~~~ ""~ .~ ~\~ ~ C{' May 12, 1988 Mayor Norman Malone 604 West Fairmont Parkway La Porte, Texas 77571 Dear Mayor Malone; Attached you will find a certified copy of Resolution 246 passed by the Supervisors of the Bayshore Municipal Utility District at its regular meeting Wednesday May 11, 1988. The Supervisors have officially accepted the results of the election held May 7, 1988. In this election a majority of those voting from the City of Shoreacres and the Bayshore Municipal Utility District approved allowing the City of La Porte to annex the unincorporated Utility District. This same letter is being sent to the Mayor and the City ~~cretary of Shoreacres. Sincerely, t&II~ R. C. Morris, President cc: City Manager, La Porte City Secretary, La Porte BayMUD Supervisors DiCk Gregg, Attorney e e BAYSHORE MUNICIPAL UTILITY DISTRICT 707 SHADY RIVER ROAD LA PORTE, TEXAS 77571 (713) "71-5205 RES 0 L UTI 0 N 246 BE IT HEREBY RESOLVED that the Board of Supervisors of the Bayshore Municipal Utility District declare the results of the Annexation Election held May 7, '1988. The Election was duly conducted under the Texas Election Code, Senate Bill 146, and Bayshore Municipal Utility District Resolution 245. The Ballot named the City of La Porte, Texas as the Horne Rule City and the City of Shoreacres, Texas as the General Law City. The results are as follows: FOR annexation by the City of La Porte: 438 AGAINST annexation by the City of La Porte: 304 AND IT IS SO ORDERED. PASSED AND APPROVED THIS 11th DAY OF MAY 1988 . " BA,YSHORE MUNICIPAL UTILITY DISTRICT ft~~Qll eo- - ~ R. C. Morris, Presi~ent ATI'EST: . ,. e . .; ...'~ RECEIVED i':l)" j ,: 1B88 910 Hackberry La PortB, Texas 77571 May 11, 1988 Bayshore Municipal Utility Dist. 707 Shady River Road La Porte, Texas 77571 Attention: The Board Of Directors Ann Lewis and/or Irene H~rdy - Election Judge I hereby request a copy of "sample" paper ballot used by the District ip the recent election concerning annexation of the BayMud by the City of La Porte. Availability of a "sample" ballot is covered by several statutes and laws. Such as'" "The Voting Rights Act of 1965, The Texas Open Records Act and is generally covered by the provisions of the "Freedom of Information Act. I will pick up the "sample" ballot you will make available to me at the BayMud office no later than the lOth day following your receipt of this request, as provided by law. Thank you. Sincerely, 1L~~/ 11~ Nadine Miller ~ . " e . KNOX W, ASKINS, ..J. D., P. C. ATTORNEY AT LAW JOHN 0, ARMSTRONG. J,O, ASSOCIATE 702 W. F"AIRMONT PARKWAY p, O. BOX 1218 LA PORTE, TEXAS 77571'1218 RECF~ \/~=t) MAY 1 J 198d TELEPHONE 713 471-1886 May 19, 1988 ~ ~ ll\~ ~~\ CA~~L Mr. Robert T. Herrera City,Manager City of La Porte City Hall La Porte, Texas Re: BMUD Annexation Dear Bob: As we discussed, I have prepared a proposed calendar of events for a proposed annexation of the area comprising the Bayshore Municipal Utility District, by the City of La Porte. First, I am preparing a submission to the u.s. Justice Department, to secure its approval of the special election held in BMUD and the City of Shoreacres on May 7, 1988. The approval of this election by the Justice Department, would be foundational to the subsequent approval by the Justice Department of the annexation proceedings. I have prepared and enclose with this letter, a proposed form of ordinance required by Section 43.056, Texas Local Government Code, which requires the preparation of a service plan for the area to be annexed, prior to publication of a notice of the first hearing. I would suggest that you place this ordinance on a council regular meeting agenda some time in June or July. I have prepared and enclose herewith, draft of a service plan which meets all of the statutory requirements. By passing the ordinance early in the summer, the various City departments in your office could thoroughly review this plan, and make any needed changes. This would also assist the various City departments in formulating their budget recommendations for the August budget hearings by City Council, as relates to the inclusion of services to BMUD beginning January 1, 1989. The schedule of the annexation proceedings is time critical, and it is suggested that the following schedule be followed: October 10, 1988 (Monday) Pass Ordinance declaring intent to annex at Regular Meeting of City Council; October 26 and November 2, 1988 Publish the entire Ordinance in the Bayshore Sun; . , e e Mr. Robert T. Herrera City Manager City of La Porte May 19, 1988 Page 2 November 7, 1988 (Monday) Call a special meeting at 6:00 P.M., for the first public hearing~ November 14, 1988 (Monday) December 12, 1988 (Monday) Conduct the second public hearing at the Regular Meeting of City Council~ Pass final Annexation Ordinance at regular City Council meeting~ Ordinance to have effective date of December 31, 1988. I strongly suggest that Cherie Black, City Secretary, take the Intent to Annex Ordinance to the newspaper as early as possible, after its passage, and have them submit a proof of the legal notice to her, so that she can carefully proofread it, before the publications. As we discussed, I would suggest you appoint a staff member, such as Steve Gillett, to attend all future BMUD Board meetings. Essentially, the BMUD Board should take no particular actions out of the day to day routine of conducting its business, other than setting its budgets, and passing its tax rate resolution this Fall.' All service contracts by BMUD should be reviewed, for expiration dates, and, as soon as City Council approves, possible implementation of new contracts whereby the City of La Porte would provide the various services, prior to annexation, in order to obtain the revenue. Yours very truly, ~ Knox W. Askins City Attorney City of La Porte KWA:sw Enclosures cc: Honorable Mayor and City Council Mr. John Joerns, Assistant City Manager Mr. Steve Gillett, Director of Public Works / . e ORDINANCE NO. AN ORDINANCE DIRECTING THE CITY'S DEPARTMENT OF COMMUNITY DEVELOP- MENT TO PREPARE A SERVICE PLAN THAT PROVIDES FOR THE EXTENSION OF MUNICIPAL SERVICES TO THE AREA COMPRISING THE BAYSBORE MUNICIPAL UTILITY DISTRICT, PROPOSED TO BE ANNEXED BY THE CITY OF LA PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Pursuant to Section 43.056, Texas Local Government Code, the City Council of the City of La Porte hereby directs the City of La Porte Department of Community Development to prepare a service plan that provides for the extension of municipal services to the Bayshore Municipal Utility District, an area proposed to be annexed to the City of La Porte. The proposed service plan shall be made available for public inspection and explained to the inhabitants of the Bayshore Municipal Utility District at public hearings to be held under Section 43.052, Texas Local Government Code. 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 Mee~ings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; 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 day of CITY OF LA PORTE , 1988. BY Norman L. Malone, Mayor ATTEST: 'City secretarYL ~PPROVED: CXe4 cJ . 'city Attorney \ e e PRELIMINARY DRAFT EXHIBIT "A" SERVICE PLAN FOR A TRACT OF LAND COMPRISING THE BAYSHORE MUNICIPAL UTILITY DISTRICT :E. INTRODUCTION This Service Plan ("Plan") is made by the City of La Porte, Texas ("City") pursuant to Section 43.056, of the Texas Local Government Code ("Code"). This Plan relates to the annexation by the City of a tract of land ("Tract") comprising the Bayshore l1unicipal Utility District. The Tract is described by metes and bounds on Exhibit "B" which is attached to this Plan and to the annexation ordinance of which this Plan is a part. II. TERM1 EFFECTIVE DATE This Plan shall be in effect for a term of ten years commencing c)n the effective date of the annexation of the Tract. Renewal of this Plan shall be at the discretion of the City. Such option may be exercised by the adoption of an ordinance by the City Council \~hich refers to this Plan and specifically renews this Plan for a :stated period of time. 'III. SERVICE PROGRAMS A. In General. This Plan includes two service programs: (i) the Early Action Program, described below, and (ii) a Capital Improvement Program, described below. B. Scope and Quality of Services. Services under this Plan shall equal or exceed the number of services and the level of ,services in existence in the Tract prior to annexation. However, it is not the intent of this Plan to require that a uniform level of services be provided to all areas of the City (including the Tract) where differing characteristics of topography, land utilization and population density are considered as sufficient basis for providing differing service levels. C. Definitions. 1. As used in this Plan, providing services includes having services provided by any method or means by which the City extends municipal services to any other area of the City. This may include causing or allowing private utilities, governmental entities and other public service organizations to provide such services, in whole or in part. 2. As used in this Plan, the phrase "standard policies and procedures" means those policies and procedures of the City applicable to a particular service which are in effect either at the time that the service is requested or at the time that the service is made available or provided. The policies and procedures may require that a specific type of request be made, such as an application or a petition. They may require that fees or charges be paid, and they may include eligibility requirements and similar provisions. D. Early Action Program. 1. Statutory Services. The statutory services will be provided within the Tract within sixty days after the effective date of this Plan, except as otherwise indicated. The statutory services are as follows: a. POl~ Protection. The Police ~partment of the City will provide protection and law enforcement in the Tract. ~rhese activities will include normal patrols and responses, the handling of complaints and incident reports, and other usual and customary police services. b. Fire Protection. The Fire Department of the City ,~ill provide fire protection in the Tract. c. Solid Waste Collection. Residential collection services will be provided by City forces. Non-residential service and future residential service will be governed by standard policies j:1nd procedures. 'rhose water Improvement division of .::>f time, by dissolved. the Tract, d. Maintenance of Water and Wastewater Facilities. and wastewater facilities included in the Capital Program, below, will be maintained by an appropriate the Department of Public Works or, for a limited period a conservation and reclamation district which is to be Should any extensions of such facilities be made within normal maintenance services will be provided. e. Maintenance of Roads and Streets (including ;lighting). The Department of Public Works will provide maintenance I)f roads and streets over which the City will have jurisdiction. (See Capital Improvement Program, below). The City of La Porte will provide services relating to traffic control devices for such roads i:1nd streets, and will provide street lighting for such roads and :;treets through the Houston Lighting and Power Company or by other means. f. Maintenance of Parks, Playgrounds and Swimming Pools. As indicated by the Capital Improvement Program, it is not i1ecessary to acquire or construct such facilities in the Tract, so there are none to be maintained. Should any such facilities be constructed by the City within the Tract, the Department of Parks ,:1nd Recreation will provide maintenance services for them. g. Maintenance of Any Other Publicly-owned Facility, ~uilding or Service. Those drainage facilities included in the Capital Improvement Program, below, will be maintained by the Department of Public Works, as needed. Should any such facilities, buildings or services be constructed or located by the City within the Tract, an appropriate City department will provide maintenance services for them. 2. Additional Services. Certain services, in addition to the statutory services, will be provided within the Tract to the :3ame extent they are provided to similar territories elsewhere in the City. These are as follows: a. Library services from existing facilities and future facilities outside the Tract. b. Health Services in accordance with standard policies and procedures. c. Emergency Rescue and Ambulance Services by the City's Emergency Medical Services Department, in accordance with standard policies and procedures. E. Capital Improvement Program. The City will initiate the construction or acquisition of capital improvements necessary for providing municipal services for the Tract. Those improvements ,~hich are necessary are indicated below, and any necessary .:onstruction or acquisition shall begin within two years of the effective date of this Plan, except as otherwise indicated. 1. Police Protection. Police protection for the Tract can be provided by using existing capital improvements. Additional capital improvements are not necessary at this time to provide police protection to the Tract. However, the Tract will be included ,~ith other territory in connection with planning for new, revised or expanded police facilities. -2- . ,. 2. Fire pr~ction. Fire protection ~ the Tract provided by using existing capital improvements. Additional improvements are not necessary at this time to provide fire protection to the Tract. However, the Tract will be included other territory in connection with planning for new, revised, expanded fire-fighting facilities. can be capital with or 3. Solid Waste Collection. No capital improvements are necessary at this time to provide solid waste collection services within the Tract as described in the Early Action Program. However, the Tract will be included with other territory in connection with planning for new, revised or expanded solid waste facilities. 4. Water and Wastewater Facilities. Those water and wastewater facilities (including any under construction) owned by Bayshore Municipal Utility District will be acquired by the City. Future extensions of public water or wastewater facilities will be governed by standard policies and procedures, and the Tract will be included with other territory in connection with planning for new, revised or expanded public water and wastewater facilities. With respect to utility district facilities and utility district funds to be acquired the City will: a. assume all reasonable commitments and contracts made by the district in the ordinary course of business prior to the dissolution of the district, conditioned upon sufficient capacity having been provided for by the district1 b. assist the district with bond approval and sale for planned capital improvements which are in keeping with the City's practices and are beneficial in integrating the area into the City's water and wastewater systems1 c. expedite the approval of plans and bond applications in order to meet the time constraints imposed by annexation and the dissolution of the district1 d. allow the district's residents and property owners, who have or would have contributed to the retirement of district bonds prior to annexation, a reasonable opportunity to obtain the use of utility capacity if the district's bond funds have been used to pay for such capacitY1 and e. expend unobligated proceeds of the district's bonds for projects which are consistent with the purposes for which the proceeds may be lawfully used, which may include providing water, wastewater or drainage services for residents and properties within the boundaries oe the annexed district, such projects to be undertaken in a timely manner. 5. Roads and Streets (includin In general, the City will acquire domln on, control, and Jurisdiction in, over and under public roads and streets within the Tract upon annexation, pursuant to art. 1l75, V.A.T.S., and similar provisions, subject to the jurisdictions of other governmental entities. Additional roads, streets or related facilities are not necessary at this time to serve the Tract. Future extensions of roads or streets and future installation of related facilities such as traffic control devices or street lights will be governed by standard policies and procedures. The Tract will be included with other territory in connection with planning for new, revised, widened or enlarged roads, streets or related facilities. 6. Parks, Playgrounds and Swimming Pools. These services can be provided by using existing capital improvements. Additional capital improvements are not necessary at this time to provide such services to the Tract. However, the Tract will be included with other territory in connection with planning for new, revised or expanded parks, playgrounds and swimming pools. 7. Other Publicly Owned Facilities, Buildings or Services1 ,~dditional Services. In general, other City functions and services, ~and the additional services described above, can be provided for the 'rract by using existing capital improvements. However, those -3- . - . . drainage facilities (including any under construction) owned by Bayshore Municipal Utility district will be acquired by the City. Additional capital improvements are not presently necessary. However, the Tract will be included with other territory in connection with planning for new, revised or expanded facilities, functions and services, including the additional services described above. IV. AMENDMENT1 GOVERNING LAW This Plan may not be amended or repealed except as provided by the Code or other controlling law. Neither changes in the methods or means of implementing any part of the service programs nor changes in the responsibilities of the various departments of the city shall constitute amendments to this Plan, and the City reserves the right to make such changes. This Plan is subject to, and shall be interpreted in accordance with, the Code,. the Constitution and laws of the United States of America and the State of Texas, and the orders, rules and regulations of governmental bodies and officers having jurisdiction. V. FORCE MAJEURE Should a force majeure interrupt the services described herein, the City shall resume services under this Plan within a reasonable time after the cessation of the force majeure. "Force majeure", for the purposes of this Plan, shall include, but not be limited to, acts of God, acts of the public enemy, war, blockades, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes, arrests and restraints of government, explosions, collisions and any other inability of the City, whether similar to those enumerated or otherwise, which is no within control of the City. v. ENTIRE PLAN This document contains the entire and integrated service plan relating to the Tract and supersedes all other negotiations, representations, plans and agreements, whether written or oral. -4- ~. ~ '::,: { .: ~ "', ,'.~ \ .."\,.1;1 :k"' V~,' ,'~ ,I' :' -. \..:.\)\.1" : ' '.,' e . CITY OF SHOREACRES 601 SHOREACRES BOULEVARO SHOREACRES, TEXAS 77571 (713) 471'ZZ44 "A COMMUNITY OF BEAUTIFUL HOMES ON GALVESTON BAY" HOME OF THE HOUSTON YACHT CLUB MAYOR Billy J, James CITY SECRETARY Cindy Logan To: Citizens of BAYMUD On May 7th, 1988 the citizens of BMUD and SHOREACRES will go to the polls at Bayshore Elementary School to vote on whether BMUD can be annexed by the City of LaPorte. On March 28, 1988 the Shoreacres City Council voted unanimously by resolution to oppose this annexation. Our reasons at that time were loss of income from the BMUD Patrol Pact in the amount of $33,QOO.OO,and the possible disbanding of our Fire Department, and it would prevent Shoreacres from ever expanding beyond our present borders. All of these rea~ons were legitimate but frankly they are from a Shoreacres perspective, and as Mayor that is my first obligation-to our citizens. I think it is fair to conclude because of the utility districts lawful in- ability to tax and other problems associated with the upcoming conversation to surface water, zoning and complete police protection BMUD must join another entity soon to be able to provide all of these required and desired services. It is our hope that you would consider joining Shoreacres. At present we have many things in common. Some of these are the utilization of the same police, fire and ambulance services. We also use the same sewage treatment facilities. We have excess fresh water capacity in West Shoreacres now that our new well, gro~nd, and elevated storage tanks are operating and the apparent delay of the Gateway Village development. Our sewer systems are approximately the same age and each community has deep environmental concerns. The judgement by your leadership was sound and sincere when the decision was made to ask LaPorte for annexation. LaPorte would do a fine job in providing and administering your required services, however we believe that Shoreacres could also meet the challenge. It would not be easy for either LaPorte or Shoreacres. It would require a devotion and desire by the leaders and citizens of Shoreacres and Baymud working together toward the resolution of our many common problems. BMUD tax rate would increase and would be the same as Shoreacres. You would certainly have a greater voice into how you were governed and after all is said and done that is what is most important, to control ones' destiny, as much as possible according to majority rule. .,.. We would kindly ask you to VGte NO on May 7th and then establish a committee of Citizens and Leaders of Shoreacres and B~ruD to evaluate the possibility of uniting our two communities. .. e e co We have a deep feeling of kinship to our neighbors in BMUD and we would not knowingly do anything to harm that relationship. Should the vote be yes we stand ready to assist you in making this transition in whatever capacity we can. It is a most important decision for each community and all we ask is evaluate the entire proposition fairly and honestly. For more information I have included the names of our City Council along with their phone numbers for your convenience. Thank you for your time. l J Jim Neal 471-3119 Harry Cornelius 471-3154 Richard Florance 471-0416 Wayne Gamble 470-0207 Charles Rittcrhouse 471-2066 .,.. ~~\) ~ ~~~ " ~ ' J' ,. , ' . e CITY OF SHOREA'CRES, 601 SHORE ACRES BOULEVARD SHOREACRES, TEXAS 77571 (713) '11-2244 "A COMMUNITY OF BEAUTIFUL HOMES ON GALVESTON BAY" HOME OF THE HOUSTON YACHT CLUB MAYOR Billy J. James CITY SECRETARY Cindy Logan On March 28th your City Council unanimously approved Resolution 88-6 opposing the annexation of BMUD by La Porte. Tbe reasons for our opposition are loss of revenue through our Patrol Pact, relinquishing Otlr ETJ, thus preventing any possible city expansion and it did not provide adequate time, pI'ior to the election, to study any other effects it might have on our citizens. Other re!asons discussed prior to voting on this Resolution were the many things in common currently shared by BMUD and the City of Shoreacres. Some of these are our common boundaries and the de:ep environmental concerns of many citizens in both communities. Others are the age of our se:wer systems and the fact that we use the same sewer treatment facilities. Last, "but'.'not le:ast, we both share the same Police and Fire Departments along with ambulance service. Th.e leadership of Shoreacres believes that it would be in our best interest if the vote fa,i1s, to inquire into the possibility of BMUD joining our City. In, doing this, neither community would be inheriting any problems that do not currently exist in both communities. The age of our sewer systems are approximately the same. We will both be going on surface water within a couple of years and we could service BMUD wi.thout much additional cost, as we now have our Gateway Village water plant in operat~on. We currently have valving in place that would allow either community to temporarily use the others water and sewer facilities should the need arise.' J Finally, I know many people in Shoreacres and BMUD, and basically we are pursuing the same dream, a quiet and safe place to live and raise families and have input into our own destiny. For these reasons, members of City Council and I encourage you to go to the polls on May 7th at Bayshore Elementary School and Vote "No" to the annexation of BMUD by La Porte Absentee voting begins on April 18th. Voting place for absentee will be the BMUD office located at 707 Shady River Road. If you would like any additional information please contact City at 47l-2244, or call me or any of the Aldermen named below. This is a most important issue for each of us. Please vote "No". Harry Cornelius - 471-3154 Richard Florance - 471-0416 Wayne Gamble - 470-0207 Jim Neal - 471-3119 Charles Ritterhouse - 47l-2066 Aldermen Bill James - 471-5810 Mayor /3'1 SA V.RE MUNfCIPl\l fJTlUTV DIST'" . 70'1 SI-L'\lJY t"iIV;-:R ROAD LA PORTE, TEXAS 77571 April 14, 1988 Mayor Billy James City of Shoreacres Shoreacres City Hall L~' Porte, Texas 77571 Dear Mayor James: RECEIVED APR,l 91~oo The BayMUD Board of Supervisors has been alerted to the possibility that there may be persons who could attempt to invalidate votes in the absentee ballot box in the upcoming election. In view of this, we wish to inform you o'f the precautions that will be taken during the absentee voting period (April 18 to May 3, 1988). (1) One of the election clerks for absentee voting will be Mrs. Irene Hardy. Mrs, Hardy is very experienced in this duty, serving as an election judge for many years during local, county, state and federal elections, The other clerk will be Mrs. Ann Lewis. (2) BayMUD will hire a security guard to be on hand and keep the ballot box in sight during the time the absentee poll is open (9:00 a.m. - 5:00 p.m. Monday through Friday). (3) At all other times the unused ballots and the ballot box will be-stored in a safe box in the La Porte State Bank. Only the election clerks will have keys to the safe box. (4) The unused ballots and ballot box will be delivered to the La Porte State Bank by the security guard at the end of each day. (5) The security guard will be a non-local person (not from La Porte, Shoreacres, or BayMUD). We believe these precautions will mean that the absentee balloting will satisfy all legal requirements as told to us by the office of the Secretary of State in Austin, Texas. SiC;:::/} ~'~ R. C. Morris, President BayMUD Board of Supervisors cc: Mr. John Albanese, Mrs. Marney Moore: Co-chairmen, Citizens Committee Presidents, Home Owners' Ass'ns, Mrs. Irene Hardy City Manager, City of La Porte Mr. Austin Bray Office of Secretary of State, Texas BayMUD Supervisors . BAYMUD AND SHOREACRES . VOTE NO for annexation You I ve been given a lot of misleading information. Don I t be steamrolled by politicians promises. (NCE YOO JUMP OFF THE CLIFF THERE IS NO 'IURNING BAa<. One or two counci lpersons can I t provide ACCCXJNTABIUTY. BayMud' s I bedroom' comnunity has nothing in COI11TOn with J:.l}dust;nr-oriented La Porte. There IS a real water and sewer problem in BayMud. There are several other ways to solve the problems without giving what we have \larked and paid for to the Ci ty . It isn I t necessary to give up our independence, WATER AND SEWER - The rates in LCl Porte are a little lower, loP has had sane increases and will have to raise rates again in the next two years, as will practically every other utility district. role have all contributed to the subsidence and nON we must all pay for it, ZONING - La Porte does not enforce its own zoning in commercial or residential 'l areas. Litter is cornron, weeds, delapic1ated buildings, tin fences, junk cars 1/\ and other trash can be found nearly evel)IWhere, *View the condition of comrercial areas. Drive down East 'AI St., East 'B' st., portions of Utah and Brownell. Look at West lEI, and areas of South 5th. Unsightly and unsanitary conditions are apparently ignored. IJ\ PORrE ooES Nor HCNOR RESIDENTIAL ZaJES, even though solemn pranises have been ~: made to BayMud. Areas are re-zoned for the benefit of COl11l'ercial or real estate interests. *See Bayshore Sun. I Wed, April 13, 1988, Front page for clear evidence of the City I S true interests. 'rhe article details the re-zoning of 0..10 previously residential areas. DCN'T LET THEM 00 THAT 'ID US, Most BayMud communities have deed restrictions., Those communities without such protection can institute them, perhaps not exactly as ,they wish, but wi thin I reasonable limits. BayMud corrmunities concerned about nobile horres should know that ''^ MA.l>N rrobile homes exist within' ,residential La Porte. lobbile hares will not magically disappear with annexation, Concerned BayMud neighborhoods might try working with t.l1e trailer residents in:)t~ad-.(ji"against them. r-X>bile home owners want nice clean safe neighborhoods, too. t-bst are owners and taxpayers, too. '-j.. BayMud has stronger remedies for reroval of weeds, delapidated houses, junk cars and such things than La Porte. The Neighborhood Nuisance Abatement Act was passed especially for unincorporated areas. It is only necessary to make a complaint to the County. This is a LAW, does not require funding, as was erroneously stated in a meeting, and has already been invoked and enforced. *County Commissioners of c., County Sheriff's ofc. '>X RIGHT-OF-WAYS - La Porte's care of right-of-ways is haphazard, *I.ook at South 4th near the old Post Office, at South 5th, and HOlrres St. The area around the_old Dej2C>t is usually disgraceful and the vacant lots near the apartnent buildings are an eyesore and dangerous to residents and their children. In BayMud, Harris County cares for street right-of-ways and di tchbanks on a regular basis. ResideJ"lts.-a:J.so Ccg'~L!Q.r...the.ir, g.m~~!=i and assist ~jsbbQ.ts ~i~_~-=.~~-=.._c:! adj~~~t l~~.:. ~ ew.... ~'\o\.\Jo. "\'\> d..c Sc. STREET MAINTENANCE - The county-maintained BayMud streets are aITOng the best in the area. *Compare streets in Shady Oaks and other locations with La Porte IS East 'A' st., so~ of Holrres St., and several other blocks in "old La Porte." Note that the ex$ples given for La Porte ARE Nor drawn from the neglected north si~. ? i ? CCNSTRUCl'ICN INSPtcrICN - HARRIS COUNTY does not wait for complaints or inquiries; there ~e inspectors constantly in the field. Only one inspection violation notice was observed within the city limits of La Porte. r; INSURANCE RA'IES - iThere is no good reason to believe that individual hare insurance rates Woul~ be lCNler in me ctty, : Each horreCMner s~ould check with his insurance ccmpany. IF A BAYMUD HG1EQ.-JNER FINDS HIS INSUAAtifCE RATES WILL BE LCWER IN LA PORrE, HE HAS THE WR<NG INSURANa:; <Xl'1PANY OR THE wRcNG INSURANCE AGENT, t-bst companies give BayMud exactly the sane rate as if they were in the city. *Rates checked with two large, major insurance companies, ~ Jt . . MC6QUITO SPRAYING - Harris County sprays at regular intervals, monitors the IT'Osquito population constantly and uses the most up-to-date nethods. By p:>licy the least harmful insecticide is used for the most prevalent insect at the tine. Additional spraying has been offered to BayMud by Shoreacres for a minimal fee, an offer which has not been accepted, The City of La Porte sprays irregularly and inefficiently, does not larvicide and maintai.ns no studies of its o.m. *Harris County Mosquito Oontrol District office will gladly give more information than. you really want.) GARBAGE PICJ<-UP - Garbage pickup in La Porte is no more frequent than in BayMud. The City permits only plastic trash containers (which the dogs love). The LP fee is al:x::>ut $5 IT'Onthly less than Bayt-'Iud. Their large noisy trucks and crews would be unwelcorre in rrost of Bayl\'1ud. Many BayMud residents dispose of their awn trash and do not pay ANY fees. ~ LAR3E TRASH PICJ<-UP - La Porte has a large trash pickup twice monthly. Many st;r-eets can be seen wi th large trash parked on their curbs waiting, and wai tinq , and waiting for rerroval. BayMud residents can be relied upon to assist'thei.r neighbors with the rerroval of large items, and this is done when requested, neighbor to neighbor. ~ STRAY ANIMAL PICJ<-UP - Harris County Animal Oontrol has a fine reputation as very efficient and responsive. *Houston Humane Society. La Porte animal control is contacted through City Hall during business hours. Your call goes on a waiting list and you are serviced in turn when the messages are collected. Saretirres the animals are carried in the truck for lengthy periods during the heat of the day, particularly while officers are 'out of the trucks having lunch. The LP dog pow1d is sanetirres well cared for and sanetimes not. 'RESIDENTIAL TAXES. Taxes are based on the appraised value of a hare as determined by Harris County who also determines whether a hOIrestead exemption is made. ALL OTHER taxing entities use this basic criteria. 1. County taxes - paid by everyone at the sarre rate, both BayMud and La Porte 2. La Porte ISO (school tax) - paid by everyone at sarre rate regardless of city limits 3. Local residential taxes - La Porte taxes are 28.2% higher than BayMud. Same concessions are made for certain cases; the formula used is very complex. Some taxing authorities recognize the County-granted homestead exemption. BayMud does not. In case of annexation, the only individuals who would benefit tax-wise are those aged 65 and over who have a County homestead exemption and whose home value is appraised at $60,000 or less. *Harris County Appraisal District. * LPISD tax office. *La Porte City 'fax Ofc, Also note:. "', fire and ambulance service is supported from BayMud income, making the tax rates very lo.v indeed. AMBULANCE SERVICE - Very good response time is reported by BayMud residents who have needed the service. *Ask them. BayMud residents do not pay individually for the service. La Porte ambulance service is charged to the individual patient at a minimum of $100 per trip ($125 if over 10 mi.) FIRE pROrEcrIrn - ShoreAcres Volunteer Fire Dept. can respond to their area ~ as quickly as LPFD to theirs. The Volunteer Fire Dept. is well equipped and menbers are continually obtaining additional. formal training to hone their skills, \4" La Porte has an evening dispatcher on duty, not a crew ready and waiting as r~has been implied. *Visit La Porte Fire Station-at 2 A.M). ShoreAcres offered many services and aid to the commw1ity after Alicia, hardly anyone in IP even saw their fire deparbnent at that time. *Ask them. -oK POLICE - The exact nurrber of officers to be assigned to l3ayMud after annexation ~ has been left quite vague.Based on current LP manpower and practices it appears unlikely that BayMud would have any more personnel, numerically, than at present. It is clear that LP officers rotate areas and would not b€ intimately familiar with our neighborhoods. It is very comforting to see the officers in our neighborhoods with their spotlights.. . and they ,know just where to look. IF WE HAD WISHED TO LIVE IN TI IE CITY \-\IE waJLD HAVE MOVED THERE. LET IS lCf LIKE A REAL CQ'IlMUNITY, DEFEAT T'l-IE MOVE FOR ANNEXATICX\I, AND GET TO WORK TO SOLVE OOR UTILITY DIS'rRICf IS hlA'mR/SEWER PROBIEMS. TC.X;E'l'I'IER WE CAN DO IT. CITIZENS AGAINST f\NNEXATIa~ 470-0451 Absentee voting BayMud office April 18-May 3 Election Day May 7 .,., "'S(;)~'''\ CA>f'v,.- ~ ~~~\.JA f=\'"\~ '3\'L\~ . i.""' .'. \. BAYSHORE MUNICIPAL UTILITY DISTRICT 707 SHADY RIVER ROAD LA PORTE, TEXAS 77571 (713) ~71-5205 RECEIVED FEB 2 J 1988 Mr. S;.,e~rE! Gillette The Ci by of La. Porte Dear Mt. Gillette, This letter is to inform you that BayMUD has prucha sed Lots 2, 3 and 4, Block 5, Bayside Terrace. These lots will hold the new ground storage Facility and booster pumps. Also, these lots are next to the present well site. Bayshore Municipal Utility District Gbs~~~ger al/gm .. , ~. ~ e 6>< 10 , SWITCH GEAR J5' ....... - It) /W)' DDD BOOSTER PUMPS 73' EXISTING WATER PLANT SITE SCHEMATIC LA YOUT OF RECEIVING STATION e N - ~ - \ \.., r- ------ '( , . :.ii. . . t.e; --- "Z. \ -Zflt ,~~ '. r~ ~Nl.DJ/ February 27, 1988 QUESTIONS/ANSWERS 1. How will gay Colony be provided with the same quality of Fire Protection/Ambulance Service as they now have? Ca) When the ambulance is parked in Cathy Emrick's driveway, Bay Colony has the fastest response possible. However, when it is parked in Kemah or Clear Lake City the fastest response for ALL BayMud would come from La Porte. With regard to Fire Protection, two pieces of fire fighting equipment are always better than one, and in La Porte the driver is in the fire station waiting for your call. 2. Will the City enforce deed restrictions? (a) sq. ft. in a home Cb) % brick facing required (c) set-back from property edge Cd) parking boats, recreational vehicles on property (e) roofing material .. (f) umb n er of stories in home (g) trash on vacant lots (h) lawn mowing Ci) maintenance of property. (a) When local deed restrictions and city ordinances are in agreement, the deed restrictions/ordinances will be enforced by La Porte. Whenever the deed restrictions are outside city ordinances, then they must be enforced by the home owners associations. 3, Why change Fire Departments when the one we have is adequate? (a) Any fireman will tell you the first 15 minutes are the the most important. The present Volunteer Fire Depart- ment can only move when a volunteer arrives at the Fire Station to drive the truck, In La Porte a full-time fireman is waiting for your call and the truck moves out at once. In La Porte two fire fighting pieces answer every call. Two pices of equipment are better than one. ~. What will be the situation regarding mobile homes, if in La Porte? I. .:19 r /; > ';.. . . (a) In La Porte all mobile homes must be located in specific areas set aside for their use. At the time of annexation those mobile homes outside the allowed areas in La Porte can remain in place as long as they are occupied (covered by a "grandfather" clause). If the mobile home lot is empty or becomes vacant, then no NEW mobile homes may be brought into a non-zoned area. 5. What kind of police protection will BayMUD receive if in the City of La Porte? (a) When a resident dials 911, the caller is connected with the 2~-hour La Porte dispatcher. If a home fire is reported, the fire equipment, police (traffic ambulance (possible injury to a fighter) . dispatcher will send control) and an resident or a fire , . , If a disturbance is reported, the dispatcher will send the police (on duty 2~ hours a day, 7 days a week). La Porte police will patrol the BayMUD area the same as they patrol La Porte and other areas that have been annexed, such as Fairmont Park and Lomax. ... " .~ " - . 6' --- "2' 'l0\ ,~~ . p~~ February 27, 1988 RUMORS/FACTS 1. If. you vote YES the City of Pasadena can annex BayMUD. (a) The City of Pasadena would have to be on the ballot. Only the City of La Porte will be on the ballot. (b) The city BOUNDARIES of Pasadena are not adjacent to BayMUD. The law states that the "home rule" city and the Utility District must have adjacent boundaries. 2. If annexed by La Porte, the PRIVATELY OWNED (by the civic association/home owners association of each subdivision) pools, parks, and piers will be taken over by the City and opened to the public. (a) La Porte would only annex the public areas that are within the BayMUD boundaries. Privately owned property will remain private. Taxes', maintenance, operating costs of the pools, parks, and piers must be paid by the private owners. 3~ If annexed, the street lighting now paid by the home owners " will be paid by the City. (a) Street maintenance, street lighting, ditch cleaning will be paid by the City. Vacant lots must be kept clean. If the owner does not keep the lot clean the City can order this done and charge the owner. ~. If you require an ambulance the La Porte machine is so old and decrepit that you may not get to the hospital. (a) La Porte has THREE ambulances ready to go at all times. If all three are on calls, a mutual ai~ agreement will bring in one from the outside. All ambulances are staffed with paid, medically trained, employees. 5. Your taxes will be higher in La Porte. (a) Taxes are higher in La Porte ($0.66/$100) than in BayMUD ($0.378/$100). Remember that taxes in BayMUD and La Porte do not include garbage pickup, water and sewer costs. If you own a $100,000 home (tax valuation) the cost of taxes, garbage, water and sewer is a toss up--about the same in both areas, If your home is valued at LESS than $100,000, you SAVE MONEY by living in La Porte. 6. Shady River will no longer have "backdoor" garbage pick up. / 31 Ii ," ,~ . e (a) The City of La Porte has curb pick up. The City furnishes citizens with plastic bags for garbage and these are picked up two times a week. No empty garbage cans line the streets. Also, the City picks up trash two times a month-- ANYTHING YOU PUT OUT. Many people feel that this is a good swap--trash pick up two times a month for backdoor pick up. 7. The large, heavy garbage pick up trucks of La Porte will tear up the narrow streets in Bay Colony, B~yside Terrace, others. (a) Old La Porte also has narrow steets, so the City has knowledge of how to handle this problem. Also remember that the City of La Porte is responsible for street maintenance. If the garbage truck tears it up, the City must repair the street. 8. La Porte will allow light industry and/or shipping containers to take over the vacant land east of New Highway 146 (Lakeland/Heights Savings property). (a) According to state law, when a city annexes property, it is all automatically zoned residential for at least TWO YEARS. Any change in this zoning must be approved by the City Council. " Remember, while only in the County the vacant land could be used for almost any purpose. If in La Porte, one can have a voice in what the City Council considers. ". , '0 1.31 " e KUJPea~arwick Certified Public Accountants Peat Marwick Main lit Co. 1 Corporate Plaza 2525 Bay Area Boulevard HDuston, TX 77058 Telephone 713 280 0460 February 19, 1988 Mr. Robert T. Herrerra City Manager City of La Porte 604 W. Fairmont Parkway La Porte, Texas 77571 Dear Bob: We have applied certain agreed-upon procedures, as discussed below, to assist you in connection with the proposed annexation of Bayshore Municipal Utility District (Bay MUD). It is understood that this report is solely for your information and is not to be referred to or distributed for any purpose to anyone who is not a member of management or of the City Council of the City of La Porte. Our procedures and findings are as follows: a. We reviewed the audited financial statements of Bay MUD as of September 30, 1987. During our review, we noted that Bay MUD was operating at a cash loss as of September 30, 1987. We also noted that at September 30, 1987, the District did not have insurance covering the water system which is not in compliance with the Bond Order. b. We reviewed the audit supporting work papers for the year ended September 30, 1987 provided to us by Bay MUD's independent auditor, Mr. Eugene Hovey, for the following areas: o contingent liabilities o long-term debt o search for unrecorded liabilities c. We inquired of Mr. Hovey as to the collectibility of the tax revenues. He stated that the historical collection rate has always been outstanding. Additionally, the tax base has remained stable. It is composed of numerous single family homeowners and small businesses. No single taxpayer accounts for a significant portion of the tax revenues. [],. ug]'...bJ,. . [ill' ,; ;:ii:;) J:~>) Member Firm 01 '!.;~"," {i.;~:: (:'; ,;:;: :.:,::; ,i, Klynveld Peal Marwick Goerdeler o " I' ..~ . e ~Peat Marwick Mr. Robert T. Herrerra City of La Porte February 19, 1988 2 d. We inquired of Mr. Hovey as to the age of the fixed assets. He stated that the assets average an age of 25 years with the last major addition being in 1986 funded by the issuance of the Waterworks and Sanitary Sewer System Combination Revenue and Unlimited Tax Bonds Series 1962. d. We contacted Mr. Clark Morris, a member of the Board of Supervisors for Bay MUD. He stated that as of this date, Bay MUD had debt outstanding for the bonds and $90,000 to a private investor. Bay MUD plans to pay the $90,000 off during this fiscal year. He was not aware of any other liabilities than those incurred in the normal course of business. He also stated that Bay MUD had no outstanding or pending litigation. Additionally, Mr. Morris stated that Bay MUD has an agreement to contribute $5,000 per quarter to the Shoreacres Volunteer Fire Department. Because the above procedures do not constitute an examination made in accord- ance with generally accepted auditing standards, we do not express an opinion on any of the accounts or items referred to above. In connection with the procedures referred to above, no matters came to our attention that would require adjustment to the September 30, 1987 financial statements of Bayshore Municipal Utility District. Had we performed additional procedures or had we made an examination of the financial statements in accordance with generally accepted auditing standards, matters might have come to our attention that would have been reported to you. f J. ""--....... J-- )..... -:.. .f-c · . /. 3'1 e ESPEY, HUSTON & ASSOCIATES, INC, Engineering & Environmental Consultants R E C ;- I V r= f"" -- :.J FES ~ .. 1988 February 11, 1988 --- i:j:j . ti. ." ......... .... . I ~ . EH8tA Job No. 10790-16 RE: Survey for Bayshore M.U.D. Line Extension Dear Mr. Herrera: The relocation of Bayshore M.U.D.'s delivery point has impacted the topographic surveying effort required to develop the drawings. As you know, we are utilizing aerial survey methods in order to reduce costs on this extensive project. The original overflights did not cover the new Baymud route, and this work was already complete using the original Baymud location before you were notified of the change by Bayshore M.U.D. We have explored the available options for obtaining this extra surveying and found that the aerial method is still the most economical, primarily because the ground control work already done is adequate for this lateral. We have a quotation from the aerial survey firm and estimate that charges for this extra work will not exceed: Aerial Survey (Similar to Task 24 Work) Ground Profiling (Similar to Task 21 Work) $3,630.00 750.00 Total $4,380.00 We will account for these charges together under Task No. 27 (move Baymud). We will await your instructions on this matter. Very truly yours, Q1~ William B. Moriarty, P.E. Project Manager WBM/sll 888 West Belt Dr, South, Suite 200 . Houston, Texas 77042 . (713) 781-8800 . e j.3t!j BAYSHO~fa MlIJ&\1CC~~AlL lU'il'IUYV DISTRICT 701 ~~b>\~V 1R10~ElRl ROAD Il..~ ~@lRl1i'leD 'ir~~~$ 0"7671 February 11, 1988 Mayor Norman Malone City of La Porte City Hall La Porte, Texas 77571 Dear Mayor Malone: The Bayshore Municipal Utility District passed a resolution at its regular meeting, February 10, 1988, to hold an election on Saturday, May 7, 1988, to allow the registered voters in the District and in the City of Shoreacres to decide whether or not the City of La Porte be allowed to annex the unincorporated area. This election will be held in accordance with Senate Bill 1~6 passed by the 67th Texas Legislature and signed into law by the Governor in 1981 (Vernon's Annotated Civil Statutes, Art. 970A, Sec. 12). The Utility District requests that the City of La Porte reply to this letter indicating that La Porte will annex Bayshore MUD should the question receive an affirmative vote by the majority of the voters in the May 7th election. Sincerely yours, ~~ R. C. Morris, President BayMUD Board of Supervisors Att.: BayMUD Resolution No. 242 cc: Mr. Robert Herrera, City Manager City of La Porte Mayor Billy James City of Shoreacres Mr. Dick Gregg, Attorney BayMUD Board of Supervisors .' *- .-" .... ~, t-.- c f BAYSHORE MUNICIPAL UTILITY DISTRICT J 707 SHADY RIVER ROAD LA PORTE, ~ -..;1'\ (713) 471.5205 I ' Dr;' June 16, 1983 fjrf\ V \, [11~ TEXAS 77571 l?~ THE r.w.YOR AND CITY COUNCIL MEMBERS CITY OF LA PORTE: At its reguJ.arly scheduled meeting on June 8, 1983, the Board of Supervisors of the Beyshore 1'-1unicipe1 Utilit:r District voted to call a. special election under the authority granted to it by Texas la,iv. This election inll be held on August 6, 1983, at the Bayshore Elementary School. The eligible citizens of the City of Shoreacres and the Bayshore MUnicipal Utility District ~-d1l vote, yes or no, on ivhether the City of La. Porte may annex the entire Utility District. A copy of this resolution is atta.ched. Sincerely yours, $Ul~ -=- R. C. Morris, President BaJ1MUD Board of SUpervisors Similar letter to: The Ma,yor and City Council, City of' Shorea,cres / .- ~ ~ ~ A RESOLUTION OF THE BAY SHORE MUNICIPAL UTILITY DISTRICT ORDERING AN ELECTION TO BE HELD IN THE BAY SHORE MUNICIPAL UTILITY DISTRICT AND THE CITY OF SHOREACRES, TEXAS, ON THE 6TH DAY OF AUGUST, 1983, FOR THE PURPOSE OF VOTING FOR OR AGAINST AUTHORIZING THE CITY.OF LA PORTE, TEXAS TO ANNEX THE UNINCORPORATED TERRITORY OF THE BAY SHORE MUNICIPAL UTILITY DISTRICT: DESIGNATING THE DATE OF THE ELECTION AND THE POLLING PLACE; APPOINTING ELECTION OFFICIALS THEREFOR; PROVIDING THAT ALL DULY QUALIFIED ELECTORS SHALL BE QUALIFIED TO VOTE; PRESCRIBING A FORM OF THE BALLOT; PROVIDING A NOTICE OF ELECTION AND CONTAINING OTHER PROVISIONS RELATING TO SAID ELECTION. WHEREAS, Article 970a, Section 12, Vernon's Annotated Civil Statutes provides, that the Board of Directors of a . municipal utility district may order an election on the issue of authorizing annexation of the unincorporated territory of the district on the first authorized uniform election date that falls on or after the 30th day after the date of the order, at such place as the Board of Directors may direct; NOW, THEFORE, BE IT RESOLVED by the Board of Directors of the Bayshore Municipal utility District, State of Texas: Section 1: That an election shall be held in and throughout the Bayshore Municipal utility District and the City of Shoreacres, Texas, on the 6th day of August, 1983, from 7:00 a.m. to 7:00 p.m. at which election the qualif,ied resident voters of said District and said City shall be able to vote for or against a proposition authorizing the City of La porte, Texas to annex the unincorporated territory of the Bayshore Municipal utility District. Section 2. That there shall be one (1) election precinct and said election shall be held at one (1) polling place for all qualified voters of the District and the City and the polling place and presiding officers for said election shall be, to-wit: polling Place: Bayshore Elementary, Bay Oaks, La Porte, Texas Presiding Judge: Irene Hardy Alternating Presiding Judge: Suzann Richardson .' er er ~ The Presiding Judge shall appoint as many clerks as are deemed necessary for the proper conduct of the election, provided that such number of clerks shall be at least two (2). Section 3: That paper ballots shall be used to conduct said election and that said election shall be held in accordance with the Constitution and laws of the State of Texas, and all duly qualified resident electors of the Bayshore Municipal Utility District and the City of ~ Shoreacres, Texas, shall be qualified to vote. Section 4: That the election shall be held and the returns thereof shall be made and canvassed in the same manner as would be the case in an election for members of the Board of Directors of the District if the District included the entire territory in which the election is held and in accordance with the requirements of the Election Code of the State of Texas, as amended, and in the event that the majority of the votes cast in said election are for annexation the Board of Directors shall declare that the City of La Porte, Texas is authorized to annex the unincorporated territory of Bayshore Municipal utility District. Section 5: The ballot shall permit voting for or against the proposition: "Authorizing the City of La porte, Texas to annex the unincorporated territory of Bayshore Municipal utility District", and shall conform to the requirements of the Election Code of State of Texas, as amended. . Section 6: voting at the polls and absentee balloting shall be by paper ballot. Absentee voting shall be conducted at the Office of Bayshore Municipal Utility District, 707 Shady River Road, La Porte, Texas. Olga Mitrano is here~y appointed as the Absentee Voting Clerk. -2- . -- ~ Absentee balloting shall begin on the 20th day preceding the date of the election and shall continue through the fourth day preceding the election. A voter who is eligible to vote may do so by making his personal appearance before the Absentee voting Clerk or her Deputy at the address set forth above during the regular office hours of the Bayshore Municipal utility District, Mondays through Fridays during the period prescribed herein for absentee balloting. Applications for paper ballots to be voted by mail submitted . by those qualified to do so may be received by the Absentee Voting Clerk no later than the fourth day preceding the election day. A marked ballot must be mailed back to the - Absentee Clerk in an envelope postmarked not later than midnight on the day preceding the election and must be received by the Absentee voting Clerk before 7:00 p.m. on election day. section 7: That the votes cast in,said election shall be canvassed as provided in the Election Code of the State of Texas, as amended. All election officials named herein shall be compensated as follows: Presiding Judge: $45.00 Alternate presiding Judge: ' $30..00 Clerk: $30.00 Absentee voting Clerk: $30.00 Section 8: That the election officials are hereby directed to comply wit~ Article 6.06 of the Electon Code of the State of Texas, as amended, which provides that the failure of a voter to make his ballot in strict conformity with the directions on the ballot shall not invalidate the ballot, and the ballot shall be counted if the intention of the voter is clearly ascertainable, except where the law expressly prohibits the counting of the ballot. It is -3- ." e- e- specifically directed that the election officer shall not refuse to count a ballot because of a voter having marked his ballot by scratching out the proposition for which he does not wish to vote. Section 9. That notice of the elections hereby ordered and called shall be given: a. By posting notice thereof at the offices of Bayshore Municipal utility District at 707 Shady River, La porte, Texas, and at the offices of the City of Shoreacres, ~ 619 Shoreacres Blvd., Shoreacres, Texas, at least forty (40) days and not more than forty-five (45) days before the election. Both locations for posting are hereby declared to be public places within the District or the City. b. By publication under Article 293, Vernon's Texas Civil Statutes, which notice shall state the nature and date of the election, the hours during which the polls w~ll be open, and the location of the polling place in the District where the notice is posted. Said publication notice shall be published in at least one newspaper of general circulation in the County where the District and City are located not more than thirty (30) days nor less than ten (10) days before said election. The Board of Directors hereby finds that the official newspaper of the District, Bayshore Sun, is a newspaper of general circulation in the County where the District and the City are located. In order to comply with both Article 2ge, Vernon's Texas Civil Statutes, and Article 4.05 of the Election Code, one of which must be complied with, the said notice shall be published between the 25th day prior to the election through the 11th day prior to the election. Section 10. If any provision, section, subsection, sentence, clause or phrase of this Resolution is for any reason held to be unconstitutional, void or invalid or for -4- e~- .- .' any reason unenforceable, the validity of the remaining portions of this Resolution shall not be affected thereby, it being the intent of the Board of Directions of Bayshore Municipal utility District in adopting this Resolution that no portion hereof or provision contained herein shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion, provision or regulation~ and to this end all provisions of the Resolution are declared to be severable. READ AND APPROVED this 8th day of June, 1983. BAYSHORE MUNICIPAL UTILITY DISTRICT By <.T "J \','r I' -4 . \/ .t..l.;/.!' ,:-arl,,t.. ""-\, \ Supervisor l~.((Q.le ~~--- Supervisor .,-' ~ /U. ~#. , Supe visor &~ "'\X;2al;L Supervisor a .._,.c;:7 ;." ~ ,-"" .. c-( _ A..-",~-~?o-"-<,A.-I":_, _ ,.',.-,."7-.- _ - Supervisor -5- c~, I') t r ," ,)/, 'j 1"', ': I :/,(., ,,; ,(.j, . "/",,,".:.~ . (" .. ~ Ie' / I '1";' _ _' j~,- ,/ " .r 1 : j .- I~ I , I 'Il " ! ,~':"" .:-_~~ -,~.:<'t~"-/ - ~ -.:a.....~. ..-...;_~~ - ~~ CaTY OF SH'OREACRES ~ 6\il SHORE ACRES BOULEVARD SHOREACRES, TEXAS 71:;71 (713) 471-ZZ44 "A COMMUNITY OF BEAUTIFUL HOMES ON GALVESTON BAY" HOME OF THE HOUSTON YACHT CLun June 7, 1983 Mayqr Cline City of La Porte 604 West Falrmont La Porte, Texas 77571 Dear Mayor Cline: At a special meeting of the City Council of the City of Shoreacres on June 3, lQ83, the City Council passed a Resolution opposing any action of the City of La Porte attempting to annex BaY3hore Municipal Utility District. The City of Shoreacres views any such action as an interference with its contractual relationship with Bayshore Municipal Utility District. In addition, the City Council will challenge any attempted annexation and the enabling legislation, Section 12 of Art. 970a, The Municipal Annexation Act. Sincere ly, t!~/a~~~ Charles L. Ritterhouse Mayor CLR:cl cc: Jack Owen, City Manager Bayshore Municipal Utility District " !I t L f~ ~(TJ J: o jf'l'l v , /:. _OAJ ~~.,~ U/V'Vrv'" 't:./~ e( ~ ,~ May 24, 1983 Ms. Clara S. Mace 402 N. Shady Lane Shady Oaks La Porte, Texas 77571 ~ Dear Clara: At our meeting on Monday evening, May 23, 1983, I agreed to obtain as many answers as possible to the questions asked by the Civic Association presidents end others. Below are the questions I recovered from the tape we I1Bde. Where relevant, the answerslS'egiven to us by the proper people in La Porte or, by our attorney. Q. What is the response time of the La Porte police today? A. For the entire City of La Porte the avera.ge response time to a call is three to five minutes. This time includes the Fairmont Park area, and since Ba;;'t-1UD is closer, we can easily expect the same or better response time. Q. If La Porte anneXs BayJl.1UD there will be about a 15 percent increase in city popu1a.tion. Will La Porte increase the size of its police and fire departments by that amount or more? A. It is impossible for anyone in La Porte to predict exactly what changes rmy or ma.y not be made because of the anneXation. What we do kno,., is that a recent Texas State law forbids a city from annexing a.ny ne-w a,rea where it cannot provide the same or better service than La Porte citizens now receive. One of the things that the City must prove when they go to Washington is thet the citizens in the new area w~ be ae well aIf as the present citizens end, have the same services. Q. Will a, new fire station be built for the BayMtJD area? A. There is no plan to build one now, although the City has been deeded property on WeeIlls Road for a new sta.tion. The need for this fire sta,tion is one of the things the City Jl.1anager will discuss in his report on armexation to the City Council. If proposed, it certainly would be located in an a,rea not prone to f'loodin~. Q. The City. of Houston now has e, special legal depe,rtment to handle questions regarding deed restrictions in ne.T areas that they a.nneX. \-1111 the City of La Porte enf'orce deed restrictions in the BayMtJD sections where they are still in force? A. The City of La Porte will enforce all city ordinances in BayMUD immediately on annexation. Whe~e the deed restriction is more stringent, it will be enforced. by the City. As an example, if non-members 'try to enter pools, parks or piers that belong to the Civic Association, the La Porte police can be called to remove them. Q. Once annexed, can La. Porte then turn around and give us to Pasadena.? A. It is perhaps conceivable for a city, to do this, but it rmy not have ever ha,ppened. It would be very, very ,difficult to carry out. For example, when a city passes a bond issue it informs the bondholders of the number of citizens in the city and the a.mount of taxable land. To try and reduce the number of citizens and taxable land by giving part of the city away would be ,~ " ec - 2 - e( :I /. fraud a,s far as the bondholders are concerned. No city w:i.ll know:i.ng1y take such an action to lower its bond credit rating. It should be remembered that La Porte will be selling bonds to provide surface water. .. Q. Howlttl1 La Porte handle special problems due to BaJ'MUD being in two tracts? A. This is not a problem. At this time the City of Houston surrounds the cities of Be1laire, Bunker Hill, Hunters Creek Village, Spring Valley and others. Houston fire trucks, police cars, ambulances go through these cities at any time of day or night. State Highway Old 146 is maintained by the State, while East and West Shoreacres Boulevard and Sunrise are maintained by the County. So there is access to all areas on public roads. There my be details that La Porte 'and. Shoreacres attorneys w:i.ll work out so that no problems will arise. I } Q. Will it be necessary for the Civic Association to continue to mow vaca,nt lots or will La Porte do this and charge the owner? A. 1. Mowing is generally done on a complaint be,sis. The person who complains Imlst sign a form but his name is not disclosed. 2. The grass must be at least 18 inches high. '.' The ma.:xiIID.lIll number of times a lot may be mowed by the City in any single year is three. Q. Why the rush? A. There are only four dates when one can hold public elections in Texas. The earliest is August 6, 198,. If the annexation is passed on August 6, then La Porte has an enormous amount of work to do so that annexation can ta.ke place on January 1, 1984. There would be one or more trips to Washington by the City Attorney and others to show that (a) the Voting Rights Act is upheld, (b) all serv1ces ca,n be provided, (c) that current taxes will provide the proper funds. . The City Manager must provide to the Council a budget for the new enlarged city, and what, if any, new services are to be provided. Also, he must show hO"w our water end sewer system will be handled. Especially, hO'.v our contract with Shoreacres and Gulf Waste Disposal will be continued. Also, since the City aSS'UIlles all obligations, debts, and liabilities and assets the City Ma.nager mst sho'\-, hOr' these will be handled. Cities like to e,nnex new areas a.t the beginning of a new year so that there will be a smooth transition of the tax rolls. PersonaJ.1y, I think we need to take advantage as soon a,s possible of the City Ordinances regarding zoning, par1d.ng, etc. to protect all our residential areas. I hope this has answered most of the questi ons. Sin~ Clarke Morris cc: Mr. Jack Owens, La Porte City Manager Mr. Knox As1d.ns" La Porte City Attorney Mr. Dick Gregg, Attorney Civic Association Presidents, BayMUD BayMUD Supervisors ,-' ~, er? · J-~ .. ~f ~ I ~j't\~'\) ) 1~') .- ~ ,'II .. ox Askins P. O. Box 1218 ~ La Porte, TX 77571 May 16, 1983 Dear Knox: These are some of the things that probably will be discussed in your meeting Mondy night with Bayshore Municipal Utility District. ---' ~.. . /7 /'7 ~ .-.-.,- , vr ~ --- ~;" er e( IO~ :" ? WHAT YOU GEl' FOR YOUR TAXES IN iA PORTE: , " . J _ ._ II ~ I~oved police protection--2~hour regular patrol Improved fire protect10n--2 fire trucks answering every cal1--fu11-time paid firemen --7 Zoning ordinances to protect residential areas --7 Abandoned car removal and street parking regulations Local. ambulance service (part city':"subsidized) Street maintenance Street lighting MosqUito spraying when needed Stra,y anill'B.l pi ck-up Garbage pick-up 2 times/week Trash pick-up 1 time/week ("anything you put Mowing street right-of-ways Drainage d1 tch maintenance Construction inspection } port- e l tl( Su 65 Id '2.bd. out") I l r - /'/ ec CITY OFf A PORTE PHONE(713)471.5020 . P.O.80XII15 . LAPORTE. TEXAS 77571 . I . /10" .....' .. . I ,.-.. v {\ t/ ~ V ~ ~ri\0 ' May 6, 1983 Mr. Clark Morris, President Bayshore Municipal Utility District 707 Shady River Road La Porte, Texas 77571 Dear Mr. Morris: At their regular meeting held on April 20, 1983, the City Council passed a minute order expressing an interest in annex- ing the Bayshore Municipal Utility District providing that an election is called under the appropriate State Statutes and the vote is favorable. The Council would be considering . completing the annexation before December 31, 1983. Should your District be interested in proceeding, the election should probably be called for the earliest legal date, which I understand to be ~ugust 6, 1983. Prior to such election, I shall be happy to meet with your District to discuss matters of importance to both bodies. ncerely, tuJ/r{Zt~~ Owen Manager JO/cb cc: City Council Knox Askins '.;i~'~':-'~~! . ~.~~ ~~ ~ &--~a~~ "'-i"" ..:';';;)l ,....... ...~,.] ~.... -l. -I ~-!:' ~fi -P~n..J. B i~!;tf\~~~r;~~~l~'!~:::':;/~:1:""~:::~~~ '. .... ..,".....'-i'>..",I;:~.... ....,.."-. ,.;......,.;.......,...........:>:" .....~.J........"...(.....~'&.k-.:.iIi~~.A<'-.__.." . ......,~_"":_._'"'c;~~~ :_.~... :~-...,- .,~._~d!:.:.;:.,.....:!~ ...o;;::~; September 8, 1981 Mr. Clark Morris Bayshore Municipal Utility District 707 Shady River Road La Porte, Texas 77571 Dear Clark: I am in receipt of a check, number 67,201,049, from the u.S. Treasury in the amount of $17,294.00. The check is made out to the City of La Porte. Discussions with James Werchan of the Texas Department of Water Resources and Mr. Werchan's discussion with 01ene Digby of EPA in Dallas indicate that I can endorse the check to you and it will be honored. Therefore, attached is the endorsed check. Please sign a copy of this letter as the City's receipt for transfer of the check to you. Sincerely, 9te~ J. R. Hudgens Ci ty M.anager JRH/ cb ~ y Olga Mitrano . .~ _ :.... ..~. . -,". .. ',. _; .~ .... ...::..... ::;:" '-. ___-..:..._-.:-_.~-;.-:;~ '. "_'.~. - ~ .r"7.... _.;~-""'-~~~'~"';:;::;-7':~:-'-:-:7C':.:--:::7J1'"C1 .......~:..~:...~~~~~~:.~~... ~.v~.....__:..~.. - -. 0;.... ....s....;o:.'7...;,:.Itt,._.~I".,.^~.t=~.... 'lIo'o~~~"'..IU"_ -"-~~~~~oICr:"...q:.a~...,...~t"Jf"'''~ Jfl'f/- .,.1\~Y.4.~.~~"~.,;~~..i3~~~:~~ ~~~.. y:,i '~.~~~ ~t.. ~"".~~:. ~ . . .. .1.' .-."" _ r . I.. ". ... . ........~.-,( ................... ...... · .......,.._. ,~."-,,.. l................._. . <: L .... ...._.... '0' ..... .,.,~;:~: '.. ...~:.:.::~.~ ._::. .~~.:....:~.~::::~--..:..~:._..~:...~... : i ,..:. -- ~ :-,.. .- . iCi .;~~'.;, . ~..<' ~ :'~ . ~ "......... --' ........ -.' - -.. ._.~...... ..~_....... (;\' I 'I.' l' ;. '.,..J "',"U' ",l" I .,' . ,~." . 1...1.f . '. ,.' /' ~-- . .r!.",'/ (\_....... i, r..,;/ ...,t'" ',_ .~-" . \/ . \ /" /' i \ I /./ Iv ~ . 1./ \ /'i/ II V ;. .1 /"~!L-~' ~oU6e /' I' ,. / -/ ..... I / ,. <::-.... 'w "'. . ... f,\ I' ...; . ...,- '. ." off i ./ , ., \i . \..' .., 'J ..' ...~tate of 'mexas of ~epre6entati\Je!5 ~u5tin .I ED R. WATSON 2318 CENTER SUITE NO. 109 DEER PARK. TEXAS 77536 P. O. BOX 2910 AUSTIN, TEXAS 78769 August 19, 1981 Mr. R.C. Morris, President Bay~fiJD Board of Supervisors Bayshore Municipal Utility District 707 Shady River La Porte, TX 77571 Dear Clarke: Enclosed is a copy of recent correspondence from the Secretary of State regarding determination by the U.s. Department of Justice on Senate Bill 146. It appears to me that everything is in good shape on this, but if you have any questions please give me a call at my district office. Sincerely, ERW/bp ~~~ /b~() 4.".,.. "':1 , (' .. " .(9c9t t:JL Ed R. Watson Enclosure , . ,t' I. ~r:.~':"" :' ;~,.; 0",,:...__ 0' u.s. Department of Justice ~ .. ... Washington. D.C. :05JO WBR:CWG :JAS :gml DJ 166-012-3 D8962 AUG 1 0 1981 Honorable George W. Strake. Secretary of State of Texas Elections Division P.O. Box 12887 Austin. Texas 78711 Jr. A:r:~!Vr n c.-r...r.. ~ .~ \ T"'~; . . - . . ',., I J-' , I . I ' .' I Au~i f.. i! AJ.:. - Dear Mr. Secretary: This is in reference to Senate Bill No. 146 (1981). relating to municipal annexation of certain municipal utility districts in the State of Texas. submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965. as amended, 42 U.S.C. 1973c. Your submission was received on June 11, 1981. The Attorney General does not interpose any objection to the change in question. However. we feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that the failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the enforcement of such change. The provisions of this Act are viewed as enabling legislation. Therefore, the Attorney General's decision not to object to this Act does not relieve local jurisdictions of their responsibility to seek preclearance under Section 5 of any,changes affecting voting (~. annexations or special elections) effected pursuant to this Act. Sincerely. Wm. Bradford Reynolds Assistant Attorney General Ci1) Rights Division BY~bY .Chief, Voting Section COPl - y, n~~J-16 ,\.c3)/ ~ er .( J , OFFICE OF THE SECRETARY OF STATE . George W Strake, Jr Secretary ot Slate August 18, 1981 Elections Division CampaIgn and Eln,cs Sec!'on Voter RegIstratIon SectIon POBox 12887 AustIn, Texas 78711 The Honorable Ed Watson House of Representatives Capitol Building, Room GS6~B Austin, Texas Dear Ed: As you know, Senate Bill 146, sponsored by yourself and Senator Mengden required pre-clearance by the U.S. Department of Justice under terms of the federal Voting Rights Act. Enclosed is a copy of the letter from the Justice Department indicating that they do not intend to object to the bill. This, of course, means that the legislation is effective as scheduled. If my office can provide you with any further information, please call on me. Sincerely yours, GWS :mt, . An Equal Opportunity Employer" . , ..,~ .r. e( e( , KNOX W. ASKINS, J, D., P. C, ATTORNEY AT LAW 702 W. F'AIRMONT PARKWAY p, O. BOX 1218 .:>A/L ..I. HAMILTON. ..I, O. ASSOCIATE I..A PORTE, TEXAS 77571 TELEPHONE 713 471-1886 September 23, 1980 Mr. R. C. Morris, President Bayshore Municipal Utility District 707 Shady River La Porte, Texas 77571 Dear Clarke: Thank you for furnishing me a copy of the proposed Bay MUD annexation bill, for examination. First, let me say that I feel that the bill is extremely well written. I would like to offer just a few comments. First, on page l, line 14, is sub-paragraph (b). However, there is no sub-paragraph (a) preceding this sub-paragraph (b). Is this.a typographical error, or was sub-paragraph (a) inadvertently omitted? I do not understand the reason for the inclusion of the phrase "or boundaries" in section l2 (1), and in section 2 B, page 5, line 9, "and not inside the boundaries of another city." It is my understanding that no part of the Bayshore Municipal Utility District is located within the City of Shoreacres. If this is correct"I do not understand the necessity for this language. I bring this up, because an effort to amend the language of existing section 11 B, a general statute on Water District Annexations, may arouse opposition. In this' regard, you might wish to consider making this bill "bracket " legislation by the inclusion of a section 12, sub-paragraph (3), to read: "(3) that is composed of two (2) or more non- contiguous tracts." Of course, great care must always be exercised in drafting bracket legislation. The advantage of making it bracket legislation would be to possibly get it on the local uncontested calendar. ~ e( e( t ~tr. R. C. Morris, President La Porte, Texas 7757l September 23, 1980 Page 2 There might be added to page 2 at line l7, a sub-parag~aph (3) to read as follows: (3) Prohibiting reduction of the extraterritorial jurisdiction of the City without the written consent of the governing body of such city, except in cases of judicial apportionment of overlapping extraterritorial jurisdictions. The City of La Porte and the City of Shoreacres have a written agreement as to the division of their extraterritorial jurisdiction. Some mention should be made in the legislation, to the effect that the existence of such written extrat~rri- torial jurisdiction agreement shall not prohibit the exercise of the annexation power by the home rule city. You might want to consider adding a qualifier to sub-paragraph (1), at line l3, page 2, providing that none of the annexed territory is more than miles from the annexing city's corporate limits, and compute the minimum necessary mileage. You might also want to consider adding a clause to the effect that the annexation of territories outside the extraterritorial jurisdiction of the annexing city under this Section does not expand the extraterritorial jurisdiction of the annexing city. I am thinking here in terms of any potential worry by the City of Pasadena. However, La Porte's relations with Pasadena are excellent, and this could probably be solved by Agreement between La Porte and Pasadena if necessary. Clarke, I appreciate your giving me the opportunity to review the bill, and I am pleased that the District is proceeding with this matter. Please let me' emphasize that I am writing this letter in my capacity as a private citizen residing in the District, and not'in my capacity as City Attorney of the City of La Porte, and this letter should therefore not be construed as any policy positioned by the City of La Porte, one way or the other on this matter. with best personal regards I am Yours very truly, Knox W. Askins KWA/sfj cc: Mr. Dick Gregg, Jr. Attorney at Law 17040 El Camino Real Houston, Texas 77058 ,'" ~"'.." . ... ~,; , . BAYSHORE MUNICIPAL UTILITY DISTRICT 707 SHADY RIVKR ROAD LA PORTE. TEXAS ~ August 22', 1980 Dear MBUD Resident: Our next and last Step 1 information meeting will take place on Wednesday, September 17, 1980, at 7:30 P.M. We will meet at the La Porte High School in the Lecture Hall. This can be reached by going along the covered walkway, through the main doors, turning right to the end of the hall, and then turning left. The Lecture Hall is approximately one-half way down the corridor, on the right side~ At this meeting our consulting engineer, Dave Corbin, of Busch Hutchinson and Associates, will bring us up-to-date ,on the results of the infiltration studies just completed. Hopefully, he will be able to inform us whether more work is required to locate any major leaks in our sewer system. As you know, BMUD has recently signed a contract with the Gulf Coast Waste Disposal Authority for treating our raw sewage. This requires that we install a new line from our ponds to connect with their intake line. When this is completed we will no longer depend ~n the City of Shoreacres for sewage treatment. Dave Corbin will describe our plans and Jack Mitrano (BMUD Treasurer) will discuss any effect this change may have on taxes and sewer rates. Persons who own multiple vacant lots or acreage in the District should make every effort to be represented at this meeting so that the BMDD Supervisors and our engineer can be informed of expected future growth. We propose to install a sewer line of sufficient size the .first time. We look forward to s~eing you on September 17, at 7:30 P.M. Sincerely, W~ Clarke Morris, President BMUD Board of Supervisors cc: Board of Supervisors Dick Gregg, Attorney Dave Corbin - Busch-Hutchison & Assoc. P. S. Another item we will discuss is security.. Our attorney'has informed us. ,that the Board of Supervisors now has the authority to hire a Peace Officer. '.1-' J \.ti .'/ . \ \1l" ~ \. \~\C/l .~ ..1(1 SA YSHORE MUNICIPAL UTILITY DISTRICT \r~~ ,(I' ,C\ 707 SHADY RIVER ROAD LA PORTE. TEXAS 77571 ~1\ \ l,o:~ ~I . (713) 471.5205 \-('/ "V '~\ ~\.\ ' .\ ,) .- er May 7, 1980 Dear BMUD Resident: The Bayshore Municipal Utility District Board of Supervisors has received notice from the Texas Department of Water Resources, Construction Grants Division, that our application for a Step I Grant has been accepted and the grant awarded. Our Step I Grant is to cover preparation of a facilities plan and related elements for construction of a lift station, force main, and for collection system improvements. The total cost is $22,100, of which the grant will cover $l6,575, with BMUD matching $5,525. The application for this grant was prepared by David Corbin of the engineering firm of Busch Hutchinson and Associates, Bay town. It is sixty-six pages long. You will note that our Step I Grant only includes a facilities plan and a complete survey and test of,the sewage collection system to determine whether or not there are leaks. This study is now underway. As you already know, it is BMUD's intention to deliver its sewage as soon as possible to the large new regional plant to be constructed by La Porte. The La Porte plant is being designed with the aid of a Step II EPA grant and they are now applying for a $6.5 million Step III construction grant~ In addition to the detailed application, the Enviromental Protection Agency requires that the public participate in this activity. In recognition of this need, we are complying by holding a number ot open meetings. These are called, in EPA terms: 1. Consult with Public 2. Public Consultation 3. Public Meeting 4. Public Hearing .- -- ... BAYSHORE MUNICIPAL UTILITY DISTRICT 707 SHADY RIVER ROAD LA PORTE, TEXAS 77571 (713) 471.5205 ~ May 7, 1980 Page 2 We plan to accomplishas much of this communication as possiole through your Civic Association presidents and urge that you keep in touch with them. At all times, however, please feel free to call the BMUD office for information. Better yet, visit the office and look through the materials. BMUD Board of Supervisors Clarke Morris, President Amelia Koenig, Secretary Jack Mitrano, Treasurer Don Ralmuto Ben Ritchie ~. , . Attachment cc: BMUD Civic Association Presidents Texas Dept. Water Resources, Construction Grants Division Houston-Galveston Area Council U.S. Enviromental Protection Agency Busch-Hutchinson and Associates Mayor J. J. Meza, City of La Porte La Porte City Council members La porte-Bayshore Chamber of Commerce Senator Walter Mengden . Representative Ed Watson Commissioner Tom Bass Dick Gregg, Attorney at Law .. .... .. k er BAYSHORE MUNICIPAL UTILITY DISTRICT 707 SHADY RIVER ROAD LA PORTE, TEXAS 77571 (713) 471.5205 CIVIC CLUB PRESIDENTS: Martha Bluestein, Bay Colony 203 Bay Colony Dr. La Porte, Tex. 7757l 471-6439 Ned Winders, Shady Oaks 362 North Shady Lane La Porte, Texas 77571 471-4486 \ f ,I Benjamin Hanson, Bay Oaks 204 Dwire Dr. . La Port~, Texas 47l-5897 Richard Wright, Pine Bluff 2815 E Street La Porte, Texas 77571 47l-3946 Glenn Miller, Shady River 907 Oak Leaf Ave. La Porte, Texas 77571 471-4877 Charles Phillip, Bayside Terrace 3102 Hamilton La Porte, Texas 7757l Sharon Tollefson, Moody Tract 3706 Sunrise Dr. La Porte, Texas 7757l 47l-5243 BMUD BOARD OF SUPERVISORS Clarke Morris, President l002 Hollow Tree Ave. La Porte, Texas 7757l 471-2565 Don Ralmuto 203 Bay Oaks Dr. La Porte, Texas 77';)'/l 471-2357 Amelia Koenig, Secretary 3131 Fondren La Porte, Texas 77571 471-5l9.2 Ben Ritchie 435 S. Shady Lane La Porte, Texas 77571 471-1551 Jack Mitrano, Treasurer 918 Oak Leaf Avenue La Porte, Texas 77':J7l 471-4097 ~... . .. .. " jV . tG.1: j:/~~~ . . :~ .. " R. C. MORRIS \ e ,: ' BAYSHORE MUNICIPAL UTILITY DIST_T 707 SHADY RIVER ROAD LA PORTE. TEXAS 77571 (7\3) .71.5205 February 14, 1980 ( .. CERT]~ ~ MBYOJ:' Rowe BolDles Ci'ty or Shoreecres La porte, TeXas 77571 Dear MaYor Bolmes: In view of recent eventa and bec""ae the llIIUIi 'BOS1"d of superviaora 10 ccmv1need thet the greet na3or1ty of the citizens of SlloreecreB and 1!M1lIl weuld like to aee .n end to expenaive le"...it.. 1lISl\l ia alJLin offer1n8 to pay a fair a"""ge treatment fee. To cover the period frOll1 :FebrU8>'Y 1977 1;brOIl8h JenlJMY 1980. we ere offeriUf3 to -raY in full aatisfaction of .11 clei'" the eUJll of $87.796.08. yeu will aee thet thia ia calculeted at a rate of $2,438.78 per month. eo recameended in the Report of the SpeCial Meet"'. No.. 1,149,395, Texe,s Depart1Jent of We,ter Resources. Recent atate...nta by _bera of your City eouncil heve led ua to believe thet they are not familiar with detaile of the Report. TlD1a. theY heve stated thet the fee re.,."..,ended by the Meet.er on~ covera actue1 opera- tiUf3 eXpenses and not debt aervice. contiUf3enc1ea, etc. Referr1n8 to pegea 5 threugb. 8 of the Report you. will aee tbet 1!M1lIl' a monthly ebere of tile actual operation end na1n'te....nce of the plant wee $1.81-4. CO per 1IlD!l'th. Tbia waa baaed on information iu the Shareecrea Andit Jleport of 1977, To thia ewn waa added 2rA>. plua lrA>. eo a reaerve for re-ra1r. end other uoexpected expensea. plus debt .ervice. t.x collector.' fee., etc.. etc. We think thet ,men yeu point thia edd1tione1informetion oat to theae ceuuoil _bara they-will agree thet the __efUllY _iled report of the , lle8ter i. indeed a proper gI11c\e to use in aettiUf3 fee.. If the City council ia williUf3 to accept the fee of $87.796.08. we propoae thet oor attorney meet with yoor attorney to erraUf3e the _il. of the aettlement end cl1epcee1 of lawe.u1t. filed by Shoreecrea alJLinet 1!M1lIl. Aa yeu 1mOW. we are aggreaaive~ aeeldUf3 a method by which we can transfer our a_ to the new La porte plant. We are eneooraged tbet we will be able to do this soon. We look forward to ywr early reply. cc: 'BMUD Board of supervisors ]MUD Civic Association Presidents MeIllbers, Shoreacres City ccnnci1 Texas Dept. of Water Resources, . Attn. Mr. Dick 'Whittington, Depllty Director Senator Walter Mengden Representati ve Ed Watson Chair1DB.n and MeIllbers, state committee on Intergovernmental Affairs CoIlllD1ssioner Tom Eass Sincerely yours, ~ B. C. Morris, president mron ~d or Sup~v1sors Commissioner Jim Fonteno Mayor J. J. Meza Mr. KndX Askins, Attorney Mr. M. A. BaY, AttorneY Mr. ~ck Gregg, Attorney -.. -- , :::.. .,:" ~ r BAYSHORE MUNICIPAL UTILITY DISTRICT 707 SHADY RIVER ROAD LA PORTE. TEXAS 77571 (713) 471.5205 ,. November 26, 1979 Bayshore Industrial, Inc. P. O. Box 785 La Porte, Texas 7757l Attn: Mr. Harold Kaufman, Chief Chemist Gentlemen: It has come to our attention that Bayshore Industrial, Inc. is in the process of constructing an industrial plant at the intersection of McCabe Road and Highway 146. As you know, this is located within the boundaries of the Bayshore Municipal utility District, which is responsible for water and sewage arrangemenG in this area. From a discussion between Mr. Roy Cabler, Jr. and Mr. R. C. Morris (President of Bayshore M. U. D. Board of Supervisors) we have learned that Bayshore Industrial, Inc. has permits from the state of Texas to pump water from its own well and to install a package sewage plant. We would appreciate your supplying our office with copies of these permits and all pertinent corres- pondence relating to them. Attached you will find a copy of the regulations of the Bayshore Municipal utility District relating to public and private sewers. It would appear that Article III relates directly to your firm and that,certain fees and inspections will be required. We have also attached for your information a copy of a letter in ,our files from Mr. Dick Whittington, Deputy Director, Texas Department of Water Resources, specifically prohibiting the installation, at this time, of a package sewage plant that would discharge its effluent into the Shoreacres Sewage Plant (Taylor Lake, Clear Lake). ~ "'1~ -- << Page 2 - November 26, 1979 For your information, Shoreacres and BMUD, co-holders of the ' permit for operating the Shoreacres sewage plant, are being sued by the State of Texas for polluting Taylor Lake and Clear Lake. The BMUD Board of Supervisors are concerned that nothing be done to increase this problem. We are worried that the state has apparently allowed you to run your package sewage plant effluent into an open ditch. Should you have any questions, please do npt hesitate to contact Mrs. Doris Haas, Office Manager, or any member of the Board. Very truly yours, ~ c. /}J~ R. C. Morris, President Bayshore Municipal utility District Board of Supervisors Attachments (3) cc: Mayor Roew Holmes, City of Shoreacres Mr. Roy Cabler, Jr. Bayshore Municipal Utility District Supervisors R. Ned Winders Amelia Koenig Jack Mitrano Don Ralmuto Mr. Marion Standley,' Maintenance Supervisor, BMUD Mr. Dick Gregg, Jr., Attorney at Law Mr. Know Askins, Attorney at Law Mr. Dick Whittington '$" , , r::-Y'I(' ;' ~ ~' ...., ....r (' r \','" 'f'" ".' "fT" - ,...., ....' I.;....', ). ..""\ ; h. =,: :,,~I' ".~ , ,.. .\' ;" I" r " f'.' n'" I ' ..... ~ ~ '! ,,' .i'; I' III ';": '\ \ q: ~, ., I' I,' I: \ I ' 1 L .1~ \\:1 J L~l Ld.\uil.u Ui ~:.\l~"", f~"" ~~ ~"c ,It f .,~;;. I__~~',-:'\ ,_"" ~. r,... c.-::..:....~, ,-::':,";... "".,..... ...~!J::..-J.c-,I '~:'8". .' '" \': .!"~ <'\.J ,. ,,\~v ~ (,"" ~ ~'V .... t'\",\~ ~ \":> \ "., ?UBll C NUTl CE Sa/sr;OJ~e industrial, Inc., P. O. 'D'OX ','85 L _ ,... , ai-'Ol~te. iexas77571,hasappliedtothe ieXc!S, I,..'~?ol.trrj~nt of \'!ater Res,ouJ"ces tor a Del"mit to n:gulat.e 7ne ,a:"SCl-a-J"Ce rrom ~ r ~w ,... - n t .' - 1 1 ,.... , . -, I /I I I a t:. ;~Ja ", ;..n~re ~~ ~G elln Plcst~cs ore t~ je compounded. The volume or"'Olscharae w:+~~p~~~e~r~~&a~~~oge ~ ?OUO gal Ions per aay consisting of cooling water, plant ;ash S"'~:e d . l. (ae~ ~omest': se\'I'ag: efflue~t. The discharge, if any, to \','aters in the l.ot '~ Wl~~ be ~~Irequenl., but the appllcant requests a permit in the event i'" is neCE!SSa ry Tor a al scha rge to be made. l. ~~e~~lan~4~s loc~~ed adj~cent to.McCabe Road near the intersection at McC~be Road and 19 I~ay . norLnwest or and adJacent to the City of Shore Acres, Harris County, Texas. Thp ffl t' d' h .-__"...,......N'~Wr.~_~,_ IT-'i.".~~_Y.~.!I.:,--:p~ s 1 sc:a rged . f?, -'~.::S~9~~.-~~,~~~a:i:nage -aJ~~')yilong-lhe-'"SDTith"~Tae':of~~ ~,'cCabe Roaa.JLhence 'to a dltch along Rlgnway 'r46'.:~ ....\O-nl;..e.......Lo~.~.'..l.....-"....,.~,....."..:.a.. ..;,'..:_;:.,'~:.~ CTea'f"l(!;.....:::;;v:'O"".:.. . i7".'.l......~ ..... .,' ". ' 1 ~..CI \,. l. 1,.;lo.y or "l..at{e; ~nence"'''t() ~,~,.r:,L~e; l.nence to ~oa veston 'BaY"'i'ri:-the:.-rri'ility-Can Jacin:""o .y-.......';..::;Ty.::....!. ';" .;;.:,,~~. '"~~..r..:.:-k'~~~n..t.:i~~~~l ...J L. -~ Lua . ~EGAL AUTHORITY: Section 26.028 of the Texas Water Code, as cQended, and Chapter 25 of the Rules of the Texas Depal~tment of ~ater Resources. No public hearing shall be held on this application unless an affected per~on who has received notice of the application has requested a public hearing. Any such request for a public hearing shall be in writing and contain (1) the name. mailing address, and phone number of the person making the request; (2) a brief factual statement of the nature of the interest of the requester and an explanation of how that interest would be affected by the proposed action; and, (3) the names and addresses of all persons whom the requester represents. If the Comrnission determines that the request sets out legal o~ factual questions w~thin the jurisdiction of the Commission and relevant to the waste discharge permit decision, the Commission shall conduct a public hearing, after the iSSuance of proper end Iimely nOIice of the hEaring. If no sufficient request for hearing is received within 45 ~ays of the date of publication of the notice conceriling the application, the permit. win be submitted to the Commission for final decision on the application. Further information concerning any aspect of the a~plication may be obtained by writing Larry R, Soward, Assistant Chief Hearings Examiner, Texas Water Commission, P. O. Box 13087, Capitol Station, Austin, Texas 78711, Telephone (512) 475-1311. lssued this 15th day of November, 1979. (Sea'l ) ......, i ,--. .- BAYSHf:E MUNICIPAL UTILIT":'~TRICT ; '. I' c-V~~ ~ :0- ~~. J. J. Pruitt C:ounty Fire l..Ja.rsbal 914 Preston C:i ti zen~ :Sank Building Houston, Texas 77002 707 SHADV RIVER ROAD LA PORTE. TEXAS 7757l October 8, 1979 .. Dear Mr . Pruitt: The Bayshore Sun edition of September l3, 1979 contains a story about the (m.rrent dispute between the volunteer fire department and the Shoreacres City Gouncil (copy attached). This dispute concerns the handling of funds supplied by the County for fire fighting e,nd fire protection service far the unincorporated area designated as Zone No. 11 on the official fire protection zone map of Harris County. (Zone 11 :~s also the unincorporated axea served by the Bayshore Municipal Utility District. ) ~~he Bayshore Sun story also leads us to believe that the City Council rray not sign u new contract for 1980 with the County. In view of this very serious situation, where the volunteer fire department eould be ordered by the City Council of Shoreacres not to fight any fires outside the Shoreacres City limits, the Bayshore Municipal Utility District Supervisors, us elected representatives for the citizens of the unincorporated area of Zone ll, are officially requesting the County Fire Marshal to negotiate the 1980 contract '\dth the City of La Porte. The relations between the City of La Porte and Bl'-ruD are extremely good, and the City' s fire department currently answers fire alarms in this area when called. Ia Parte has a fire chief and three assistant chiefs, with firemen on duty twenty- four hours a day, six of these being paid full-time. There are fifty volunteers :In the La Porte Fire Department. Their equipment is modern, with an excellent (~ommun1cations system connecting with the surrounding area. The department has four Class A pumpers, with an additional one on the' wey. It elso has several booster trucks, plus a rescue and utility vehicle. The lmowledge tnat you have negotia.ted a contract with La Porte would eertainly enable the citizens of Zone II tb relax, knowing that we will have the 1Jest available fire fighting faCility answering our calls. Should you wish to (Liscuss this subject further, the Bl-.ruD Supervisors would be happy to meet with :,ou. ec: Mayor J. J. Meza, City of La Porte 1-.1i'. James R. Hudgens, Administrator, / City of La Forte J1r. K.."'lOX W. Askins, Attorney, City of La Forte County Commissioner Tom Ba,ss ~il'. Jack Eeard, County Sheriff Sena:~.or "vle.lter l<enc;den Rep::,esentative Ed viatson l.~::!'. Dick G::!'ec;g, Attorney at Law Sincerely yours, '{(0!J.ll ~ R. C. Morris, President Board of Supervisors Bayshore Municipal Utility District At tachment . . THl:: !A.YSHORE St::'Ii . THURSDAY, SEP~ ~R 13, 1~9 , - .' J , ... " . :-r....._ . (~~ ~.' -- ~~110reaCres, i':l~i~en1.en Seet{ ~;;:Fo!]d' ~,~ ~1I ~ ' ~iUlr~.; Y 0 fr UnU!ng ~:%iirobJems , Shoreacres Volunteer Fire Depart."l1ent has a promise from Shoreacres City Council that a balance due on a fire truck will be paid, but DO ... return to its independent use of county funds is foreseen. Mistrust between the fire deparonent and the city has ~;'r: :'!~m'; . ,!,'~-::'~a' '~~-e'-: ~ i.i 'C', '. :~iil ~~~~~ '. I Continued from Page lA) batteries needed fer the fire trucks and amounting to about SIlO have not been paid by the city as has been the usual practice. The depart."Ilenl has paid the bills, submitted 10 months ago, Emrick !;aid. out of its dU~i and donations resources. They a1SCI complained of being required to come to the city council fer emergency expenditur~i iind ha\'ing no control over a 53.600 line item fund in the cily budget that is from the county, but has not been designated for depart- ment expenses. Coming to the council for every expenditure is "time consuming", Page said. "'\onen we lo:;;e 500 feet of hose at a (ire, WE! can't wait until the council r:neets and discusses thE~ n!e{j to replace the hose." He admitted that some annual and semi-annual reports to U)f! city c:.alled for in the contract have' not been made, However, ,he said, "The department spends money wisely. We keep all our ac- counts separately and can account for where every ,penny goes. Social events are paid for out of our dues and none of the city or county money is used." The problem is the fl.re department does not have access to money designated , for its use, he said. "Must we come to the , council every time we need, eauioment for YOU to take bids? Must you. do Liis pur. chasing or can we conti...lue as we have done in the past?" he asked. During the discussion it was ; noted that the city is three to ,. i four months in arrears : in- '3': His motion included monthly $235 payments to the !. reirn bursement or $110 paid by the department for the bat- teries and called for the department to notify Mayor Rowe Holmes when emergency equipment is purchased by It)e department. arisen since the flow of funds from the Harris County Fire Marshal's Office has been changed, to follow a literal reading of a contract between !he department and the city , Instead of a looser "intent" of . the ~ontract, Preston Page, presIdent of L'le fire depart- . ~ "- ..... ment, indicated at the Mon- day, Sept. 10, meeting of Shoreacres City Council. Until a~ut two years ago, 'Page saId, the department_ contracted directly with the : county for funds from the . county in return for services provided by the department. -: Then the county elected to contract with cities and L'le.;' contract is now between Shoreacres and the county,' office. ,~ . ' " ' : Funds bave been avaj]abJ~"':: to the fi.'"f! deparL"Ilent from",.: the city, on a loose:' iIi~' : terpret;ltion or' the city.:;", deparonent contract before: ' April of 1979 when Aiderman': . Shell Martin was elected and ':: became fl.re commissioner.. Since that time a $4,100 " payment from the county, for -' IS79 has gone into city coffers. .' Ac~ording to the contract With ' the city these funds are to be ea~marked for equipment, mamtenance and training for th7 fire department, Page SaId. And city officials indicated they have been spent in this way. Howev'er Page: former Councilman Terry Robbins who is assistant fire chief and Firefighter Jan Emrick said the cash flow from L~e citv has been interrupted. . They complai."ed that bills presented to the city for two (Continued on Page nA) a ~n' d'" :In: ~a Ii ~ . '.. '. rila department for its services. The city also apparendy missed making an annual payment on the flre truck with funds from the.' county that have previously ~n spent this way. "We are concerned L'lat we might be called to a flre and not even have a truck to go in," Page said. !\Iartin's motion that'. the city make a $5,400 payment for 1979 and Jiay ofi the cote on the fire truck be!ore Oct. 1 for an additional $.1,000 passed unanimously. ... However, the council did not relinquish its hold on county funds as requested and Martin I nOled, '"The.-e'rnay-oot be'any- II county fn.'1as- next- year.:; La. ,Porte' has -not ,sig:::ed::a" eon- . '~_.....'~'" .'.'~ . tract .with: ihe'cotmtv.'and:we.' ~~;.;.: :--'....'"...-.. ... . ~ '" : may not sigzl eitb"r:"';~""'.':::" '.'"-''' ;" ~...-. ...;";ilt.:.:.~..:.~;'''~ -~:.. .. ~ .. MUNICIPAL UTILlTfL'STRICT ... 707 SHADY RIVER ROAD LA PORTE, TEXAS 7757l . August 3l, 1979 lofayor J. J. Meza City of La Porte P.O. Box lll5 La Porte, Texa.s 7757l Dear Mayor Meza: Attached you will find a copy of the study plan that Bayshare Municipa,l Utility District has submitted, as part of a package, to the Texas Department of '-Tater Resources to secure a Step I government grant. This grant ,,,ill allow us to make a study of the present collection system and. to secure engineering costs for further steps. As you knO".., Judge Blanton's llth District Court appointed a Master from the Texas Department of Water Resources to study the BMUD/Shoreacres problem and. to propose a, solution. The attached study plan will shol" you that BMUD has committed itself fully to carrying out the most cost effective solution pro- posed by the Master. This solution is for IMOD to leave the Shoreacres plant and to send its sewage to the new regional plant now being designed by the City of La Porte. The entire Bay Area will benefit from this move, since it will take our sewage effluent out of the senei ti ve Clear Lake area basin and move it to a large modern plant whose effluent goes into Galveston Bay. Sincerely yours, .QQM~ R. C. ~forris, President BMUD Board of Supervisors Att. cc: Mr. Knox Askins, Attorney at Law Mr. Dick Gregg, Attorney at Law The Honorable Walter Mengden The Honorable Ed R. Watson Mr. ~om Bass, County Commissioner The Honorable Ron Paul " J/"a/ ~ ; ,f" ,( (I-( ;J Ie', Jr.I"f 1-1 ir ~.I j ~ . I 1-.,) \:. h . <:: PL.l:.N OF STUDY ./J; .f: ;,.)/!; 1'!?/l-l'j! I. FACILITY PLANNING AREA A. Planning Area & Political Jurisdictions 1. The Eayshol"e r'~unicipal Utility District is divided into hlo sE:parate land arEeS designated as Tracts I and lIon the attached map. Tract I i s bOl"d~red by Gal ves ton Bay on the eas t. l'icCabe Road on the north, the Southern Pacific Raill"oad track on the \'Jest and the north City Limit Line of the City of Shore .!:,cres on the ~outh. Tract Ii is a sij;c.,ller al"l2:a and is bounded by the extremities of the Shady Oaks and Bay Colony S~bdivisions. 2, The 5cyshore t~.U.D, facility planning area is currently included in the 208 Plcilri1ng AI"ea for Shoreacres, Eayshore "1.U.D,'s planned construction will ~ake it part of La Porte's planning area. Upon receipt of a July 5, 15"79 lE:tter from Er.lOry G. Long: Director Construction Grants ene \':ater Q;;ality Planning Division. it was clear that the Texas Depart~~nt of ~ater Resources viewed both Eayshore M.U.D. and Shoreacres as separate entities, As directed in that lEtter both entities shall be responsible for planning in their respective areas. The planning areas are defined as the Bayshore M.U.D, boundaries and the Shoreacres Ci ty Lirni ts. 3, ' The Bayshore ~1unicipal Utility District lies within the extraterritorial jurisdiction of Shoreacres. .- 4. Population Projections 1977 2,200 >. 1980 2.650 1985 3,400 1990 4,150 1995 4)900 2000 5,700 5. These population figures \':2 re .- determined by the use of a straight line projection curve end are not quite as high as the figures given in the 208 Plan. The 208 Plan deals with population projecticns for census tracts and portions of census tracts. It is difficult to determine exactly how much of c tract, the Bayshore M,U.D, area covers. The figures ffientioned above are fairly well in line with the 208 Plan even th~ugh they are not quite as high. B. Agencies to be Involved in Facilitie~ Planning 1. The Bayshore "br.;cipal Utility District has employed the consulting engineering firm Busch) Hutchison & Associates) Inc. to apply for a step I Grant for Facilities Plan~ing. 2. ~he following other governmental entities will have in-put into the planning process: a. Environmental Protection Agency Region VI b. Texas Department of Water Resources c, Houston-Galveston Area Council d. City of La Porte e. City of Shoreacres ec .- 3, The Facility Plan for Bayshore M.U.D. will be consistent with regional planning for the La Porte-Bayshore area. However, the 208 Plan current- ly lists Bayshore M,U,D. in the planning area for Shoreacres. As stated previously in Section I.A.2., Bayshore M.U,D. and Shoreacres have been directed to plan for their respective individual planning areas, 4. The con5ulting engineer selected for the project is: ., Busch, Hutchison & Associates, Inc, 1107 Fleetwood Drive Bay town , TX 77520 (713) 422-8213 II, NATURE AND SCOPE OF THE PROBLEM A. Existing System 1. The existing se\'!age treatli12nt plant is Q\.med and operated by the City of ShorEbcres, However the existing permit is in the name of both Shcre9cres and Bayshore M,U.D. The plant is a modified trickling filter process with an imhoff tank, clarifier and retention oxidation ponds. The plant \'Ias designed and pel~mitted to tn:at an average daily flow of 0.235 MGD. The plant was constructed in 1960. The plant was modified to include the retention oxidation ponds about 1965. Overflows , from the retention oxidation ponds occur regularly during periods of moderate to heavy rainfall. 2. The collection system was constructed when the district was created in 1960, The system was constructed primarily wi th concrete sani tary sewer pipe. The appl~oximate length or the collection sewers and force mains is 53,700 feet. A massive amount of infiltration/inflow is sus- pected of entering the system due to the deteriorated condition of the collection lines. There are three existing lift stations - the 200 gpm -- -- Bay Colony Lift Station. the 100 gpnl Sh~dJ Oaks Lift Station and the 400 gpm Taylor Bayou Lift St~tion. During the last two years. .. no sewage overflO\'ls or bypasses have been recot~ded except, for one overflow at the Taylor Bayou Station during a power failure. All stations are in good working condition. The Taylor Bayou Station pumps wi" soon be repl aced \'Ii th 500 gprn pUiilpS. 3. The State and Federal permit numbers and parameters for the Sewage Treatment Plant are as follows: Texas Department of ~ater Resources Permit No. 10758 N,P.D.E.S, Permit No. TX 0021491 Interim Effluent'Limitations (11-26-74 to 12-31-76) Average Daily Flow o. 235 r~GD ~!ximum Daily Flow 0.470 l'iGD BODS S5 20 mg/l Fecal Colifcnn Bacteria 20 rng/l 200/100 ml Chlorine residual of 1 mg/l after 20 min, contact time (based on peak flow) Final Effluent Limitations (1-1-77 to 11-26-79) Average Daily Flow 0, 235 I~GD BODS SS 0.470 r~GD 5 mg/1 Maximum Daily Flow 12 mg/l Fecal Coliform Bacteria 5 rng/l 2 mg/1 200/100 ml Af'i1i11onia Nitrogen Total Phosphorus Chlorine residual of 1 mg/l after 20 min. ~ontact time (based on p~ak flow) ec ec 4. Al though the se\';oge tre:atl7l2nt pl ant is mmed and operated by ShOl"eaCres, the permit is i~sued in the names of both Bayshore M,U.D, and Shoreacres. The tr'eatlllent plont~'system is centrally located to both entities. a. Nature of the Problem 1. The prll:ia'"y problem with the existing se\'Jage treatment plant is that the plant is over' oaded by the combi ned se\':age flOloJs from both Shoreacres and Bayshore M.U.D, During periods of moderate to heavy rainfall, the plant is completely incapable of acco:;modating the hydraulic flO\\'. This extre~ely high hydraulic flow can be attributed to the deteriorated con- dition of the concrete pipe collection system. Poorly constructed sewer taps and house laterals also contribute a great deal to the in- filtration and inflow. 2. The ex';sting se\','age treatment plant dischal"ges into Taylor Bayo~, then to Taylor Lake, then to Clear Lake, Segment No. 2425 in the San Jacinto - Erazos Cuestal Basin. This area is subject to cdvanced discharge par- ameters 2.S des; gnoted by the Texas Departr.1ent of \':ater Resources. No other known environ~entally sensitive areas are affected. 3. The existing treatment plant is not meeting the advanced parameters set for the plant in the waste discharge pel~it. C. Tentative Treatment Works Needs 1. The Eayshore I~unicipal Utility District has fully committed itself to following the recommendations of the Special Master's Report as prepared by the Texas Department of Water Resources and adopted by the 11th Ju- dictal Distdct Court of Harris County, By this action, Bayshore t~,U,D. \'l'oul d cease to di scharge \'lastewater into the Shoreacres Sewage Trea t'i1ent Pl ant, The \'.'astewa ter \'loul d be rerouted by \':ay of a force main from the .' . -- ~ Taylor Bayou Lift Stati'Jn to a 12" gravity main on Old High\':ay 146 in the La Porte cc11ection system, The.transfer of Bayshore M.U.D. 's wast2water'from the Shoreacres plant to La Porte would allow the Shoreacres plant to operate more efficiently with the wastewater load from Shoreacres alone. The effluent discharge into the Clear Lake Basin from the Shoreacres plant would also be decreased. Rehabilitation of the Bayshore M.U.D, collection system will eliminate a large percentage of infiltration and inflow. The only new sewer 1 ines pl~oposed al~e an 8" force main from the T2.ylor Bayou Lift Staticn to La Forte and replacem~nt of various collection lines in the rehabilitation program. 2. The Facility Plan will analyze alternative BPWTT techniques 'to determine the most cost-effective and environmentally sound solution to the prc.biem. D. Facil ity Piann; ng Requi rements 1. A Facility Plan will be prepared in accordance w1th the Title II Final Construction Grants Regu1atiDn, 40 tFR Fart 35, Subpart E, dated September 27, 1978; CG-195, revised December, 1978; Final Regulations for Preparation Df Environmental Impact Statements, 40 CFR Part 6.512, dated April 14, 1975; and Regulations for Public Participation, 40 CFR Part 25 and Part 35, dated February 16, 1979. Bayshore M,U,D. does not a11Dw industrial waste discharge into its sanital~ sewer system. Therefore, a pretreatment evaluation survey wtll not be prepared. . . -- .- 2. The environiiH~ntal assessment included as part of the Facility Plan is expected to provide sufficient information to assist in selecting- 3. a cost-effective an~ environ~entally sound alternative without sig- nificant adverse impacts. The requirements of PRM 78-9 will be addressed in the Facility Plan because a new force main is proposed as part of this project. 4. A Public Participation Work Plan will be su~nitted within 45 days after grant award. This plan will be prepared in accordance with 40 CFR 35.917,5 and 25,11 (Federal Register, February 16, 1979). The following items outline the proposed Public Participation Program: a. The staff contact for the Public Participation Program in Bayshore M.U.D. isR. C. Morris, President of the Board of Supervisors. b. Public Participation Activities will be conducted continuously during the Step I phase of our project. This will be accomplished primarily thr~ugh publication of newspaper articles in the local paper announcing the initiation and purpose of various tasks in Step I. Monthly Eoard of Supervisor meetings and Civic Association r~eetings are open to the public and any questions or comments will be received at these meetings. At any other time information re- garding any phase of the project will be available through the Bayshore M. U. D, Office or the offices of Busch, Hutchison & Associates, Inc. c, Sayshore M.U,D. is pdmarily a residential community. Therefore all segments'of the community will be targeted for invo'v~~ent through the fo110\>..'in9 Civic Associations: Bay Colony, r~oody Tract, Shady Oa~;s, Shady River, Bay Oaks, Bayside Terrace, and Pine Bluff. .' to . I' .- ... . , publ i c i nvo 1 vement duri ng monthly Board of S'upervi sor r.~eeti ng~ and special Civic Association meetings with the Board of Super- ~. visors. . e. The mechanisms used to inform the'public will be publication of newspaper articles and distribution of printed literature through the Civic Associations. f. The estimated budget for the Public Participation Program is as f 011 o\'/s : Publication of Notice of Public Meetings $ 400,00 Printing and Distribution of Newsletter to the Civic Association TOTAL COST $ 600.00 $1 tOOO.OO III. TASKS AND COSTS TOTAL ESTH'ATED C;OST Estimated Cost $ 13,560.00 $ 1 , 51 0 . 00 $ 6,030,00 $ 1,000.00 $ 22,100.00 A. Tasks I/! Analysis Environmentai Assessment Facil i ty Pl an I Public Participation Program B. Payment Request Schedule Percentate of Completion/Task Working Days after Grant Offer Submittal of Public Participation Work Plan 45 Submittal of I/! Analysis 115 Submittal of Environmental Assessment and Facility Plan 90 ., \ \ E. L.H.- ~/7 * " ~ . . , , BUSCH HUTCHISON B - - BAYTOWN. TEXAS ASSOCIATES J:: BAYSHORE /51 M,U,D. tI) TRACT ONE LA ~ PORTE -;:;;--;::a:;',;:",,,, 10 ~ :i II) o -' o GALVESTON BAY N 1 , II ,1 I ;~ -=~l:\- I;'I;:~ ~ I !l . : I ," ~ BAYS"-~E MUNICIPAL UTILI"- iSTRICT .... 07 707 SHADY RIVER ROAD LA PORTE, TEXAS June 21,1979 To: ~~yor, City of Shoreacres From: Board of Supervisors,Bayshore Municipal Utility District Subject: Designation of Sewage Treatment Project Advisory Group We have received your hand delivered letter of June 13,1979 describing the formation of an advisory group. As you know, the Bayshore Municipal Utility District is fully committed to joining La Porte in a large regional sewage plant that will run its effluent to Galveston Bay, rather than to Taylor Lake/ Clear Lake, This is in accordance with the ~~ster Report of The Texas Department of Water Resources accepted by Blanton's Court. The Eayshore Municipal Utility District has entered into its own Step 1 to secure a federal grant. This work is being done for us by the engineering firm of Busch-Hutchison and Associates, Inc., of 1107 Fleetwood, Bay town, Texas. One other fact that we have considered is that the Bayshore Municipal Utility District and Shoreacres are involved in legal proceedings, the outcome of which could change the entire nature and boundaries of this area. In view of these considerations, 'the Bayshore ~funic1pal Utility District does not feel at this time it is appropriate to become part of a sewage treatment project advisory group concerned with the jointly used sewage plant operated by the City of Shoreacres Sincerely, ... RCM/om cc: Representative Ed Watson Texas Dept. of Water Resources, Atten: MS. Georgia Kizer Houston Galveston Area Council,Attn: Royel Mr. Thomas Aubrey, Assft. Attorney General Mr. J.J. Meza, Mayor, City of La Porte Mr. Dave Corbin, Busch-Hutchison Mr. Dick Gregg, Jr., Attorney at Law Mr. Michael Hay, Attorney at Law, City of BMUD Civic Associations and MOody Tract Bayshore Sun Houston Chronicle Houston Post R.C. MOrris, President Bayshore Municipal Utility District Board of Sup~cv1sors Hatch,Executive Director Shoreacres ~-;.." ec CDYV (Q)f !SCilUj)fi~~~AC~~$ 619 SHOREACRES BOULEVARD LA PORTE. TEXAS 77571 (713) 471-2244 "A KEY COMMUNITY ON THE BAYSHORE" June 13, 1979 To: President, Board of Supervisors Bayshore Municipal Utili~y District Subject: Designation of Sewage Treatment Proje~t Advisory Group You are probably aware that the City of Shoreacres has been given high priority for a Step 1 federal grant to conduct a study on the alternatives and the best solution to the current area waste treatment problem. Prior to completion of the grant request, w,e desire the formation of a Sewage Treatment Advisory Group, pursuant to Section 25.7, Part 25, Code of Federal Regulations, Title 40. Imput from this Group is desired 'to assist in development of the public part,icipation, program outline for inclusion in the plan of study on the project. To preclude havin5 a conflict with state law, it is deemed best to have only two members of the City Council and two me~bers of the BayMUD Board on the Advisory Group. Woe would greatly appreciate a reply within ten (10) days from above date, designating the two persons from your board selected to serve on the Group, along with mailing address and phone number(s). A list of the names and addresses 0: all members of the Group will be published as soon as formation is completed, Plans are to conduct a Full Scale Public Participation Program during Step 1 work b,~cause there has been significant public controversy on sewage treatment for the area. WI:! need the advisory Group now as means for notifying and consulting with the public during prepar~tion of plan of ~tud1 in accordance with 35.917-5 CFR Title 40. Membership on the Advisory Group will be, as far as possible, based upon guidelines in the federal regulations, We may not receive participation from all public interest groups, The goal is a proportional.. balance on melnbership from the four groups: private citizens, public interest groups, public officials, and representatives of organizations with substantial economic interest in the project to be studied, This Step 1 study with an active advisory group will clear up the confusion on needs, alternatives and costs, and provide the public with a good estimate of the additional per household cost of proposed facilities. '" , ' ec e( ,. 'Page 2 To: President, Board' of Supervisors Bayshore Municipal Utility District Subject: Designation of Sewage ~reatmenc Project Advisory Group Recent changes in federal regulations have ~ade timing critical, An early reply will be most helpful. Sincerely, rr:::iif:.::;- City of Shoreacres, Texas RHH/lw cc: Bayshore Sun Houston Post Houston Chronicle Shoreacres City Attorney BayMUD Attorney .;.-o:"tW e( e(' TEXAS DEPARTMENT OF WATER RESOUKCES ] 700 N. Cong;rcss Avenue Austin, Texas ,. TEXAS \VATER DEVELOPMENT BOARD A. L. Black, Chairman J olln H. Garrett, Vice Chairman Milton T. Potts George W. McCleskey GlenE. Roney W. O. Bankston ~ 4"'~\~"..,It. i\ "';:o-.-.e~... : ~J:. . \t;~t'o..t~ :I./~'*'~~:~:: ~~ '0 ....~~.II 0",,0: ro ~-jt.,/ 'O.....;)~,~~.+4' .~fI" TEXAS WATER COMr..IISSION Felix Mc,Donald. Chairman Dorsey B. Hardeman Joe R. Carroll Harvey Davis Ex~cuti"c Dirl'ctor July 5, 1979 Mr. R. C. Morris, President Bayshore Municipal utility District 707 Shady River Road La Porte, Texas 7757l Dear Mr. Morris: Re: Bayshore MUD T-l534 We have received your letter of June 22, 1979 and appreciate your comments concerning the Step 1 facility planning for the Bayshore area and the City of Shoreacres. Hopefully,. w.~._can ~~~~rB~~s~~~ec~~~u:~~nt~: ~~J~~~~~~~~~~~~~~I priority list for Step 1 projects and both have attended a preapp1~cation conferen~e. We intend to fund both Step 1 projects, and each entity will be responsible for. its own respective area. The planning areas should be defined as the Bayshore District boundaries and the Shoreacres city limits. If an overlap occurs, planning should be accomplished by Bayshore MUD. The plan of study which accompanies each application must address the scope of work, associated with planning for individual areas as opposed to a combination of the two. As you are aware, the facility plan must develop the most cost-effective ,method to satisfy the sewerage needs of the planning area. By separate letter, we will advise Mayor Holmes of Shoreacres as to what the Step 1 applications should include. J> n, ~n" 1.10~7 r.:IT'ilnl St;lti011 . :,\l,"rin, Tt'"as 7R711 . Are;1 Code 5]2/475-3187 .. '_--:~ .. Mr. R. C. MOrr~(~reSident Page 2 . July 5, 1979 e( We trust this information' will alleviate any misunderstand- ings. If you have any questions concerning this' matter, please contact Mr. Bob Jones' of my staff at ('5l2) 475-0380. Sincerely, ~L~:{~or Construction Grants and Water Quality Planning Division' DWN:mr cc: Environmental Protection Agency, Region VI Houston-,Galves'ton Area Council of Governments Busch, Hutchison, and Associates, Inc. City of Shoreacres. WQ District No. 7 ~ ~ TE~I)EPARTMENT OF WATER J{ES....~ES 1700 N. 'Congrcss A VClIlIl' Austin. Texas , . , .... TEXAS WATER DEVELOPMENT BOARD A. L. Black, Chairman John H. Garrett. Vice Chairman Milton T. Potts Gcorgc W. McClcskey Glen E. Roney W. O. Bankston .. ..."'..... 0..;' f. oJ". .'"J'" ...: . I . f :~~ 1-:;. -!:. .~ : ....:,~ "M: ~-:: ".. ',,;;:;..c ~.~ :-: :. , -!r..:.: .'r.;: .4.- .. ~;. -..,,&..- TI:X^S W^TEIt COMMISSION Felix McDon:lld. Ch;,jrman Dorscy i~. H:udcman J oc R, Carroll H:\I'vc)' 1):lvis Ex~clllh'~ I>ir,'cl<,r July 5, 1979 Honorable Rowe H. Holmes, Mayor City of Shoreacres 619 Shoreacres Boulevard La Porte, Texas 7757l Dear Mayor Holmes: Re: City of Shoreacres T-l564 Through correspondence and newspaper articles, it has come to our attention that there may be some confusion about the step 1 facility planning projects for the City of Shoreacres and Bayshore MUD. We wish to offer comments that, hopefully, will clarify the situation. Both Bayshore MUD and the City of Shoreacres are on the priority list for Step 1 projects and both have attended a preapplication conference. We intend to fund both Step 1 projects, and each entity will be responsible for its own respective area. The planning areas should be defined as the Bayshore Dis- trict boundaries and the Shoreacres city limits. If an overlap occurs, planning should be accomplished by Bayshore MUD. The plan of study which accompanies each application must address the scope of work associated with planning for individual areas as opposed to a com- bination of the two. As you are aware, the facility plan must develop the most cost-effective method to satisfy the sewerage needs of the planning area. By separate lette~, we will advise Mr. Morris of Bayshore ~ .. "'I ~ - ., . I ('. .. ' .., "".. -...1""'!11 C '\"'I(""~" ;1.,'.17; "\1~; '. .. '... Honorable Rowe H. Holmes, Mayor Page 2 ~ July 5, 1979 . . ec' MUD as to what the step 1 applications should include. ,. We trust this information will alleviate any misunder~ standings. If you have any questions concerning this matter, please contact Mr. Bob Jones of my staff at (512) 475-0380. Sincerely, {~~ L::;: ~::tor Construction Grants and Water Quality Planning Dl'VN:mr cc: Environmental Protection Agency, Region VI Bayshore MUD Walsh Engineering, Tnc. WQ District No. 7 ~ tIC .- October 25, 1978 Received from the City of La Porte, original and copies of Resolution 78-10, corresponding letter and attachmen~s. h~t;;&)~ Representative, City of Shoreacres October 25, 1978 Received from ce,rresponding the City of La Porte, original and COPigS of solution letter and attachments. dl I ,/ , /' I ~ 'L4!'~ Representative, Bayshore MUD 78-10, . . (~ ,. e:" ~., BAYSHORE MUNICIPAL UTILITY DISTRICT 707 SHADY RIYER ROAD LA PORTE. TEXAS October 12, 1978 To the Honorable Mayor City Council Members City ot La Porte City Hall Building P. O. Box 1115 La Porte, Texas 77571 Ladies & Gentlemen: At the regularly scheduled meeting of the Board ot Su.pervisors of the Bayshore Municipal Utility District on October 11, 1978, the tollowing resolution was passed: IlBe it hereby resolved by the Board of Supervisors that it is our intent to transfer the waste water of the Bayshore MUnicipal Utility District to the City of La Porte in accordance with the roling of October 2, 1978 of the 11 th District Court of Harris (hunty. In order to accomplish this, the Board of Supervisors authorizes the president of the Bayshore MUnicipal Utility District Board to'negotiate a suitable arrangment with the City of La Porte for approval by the Bayshore Municipal Utility District Board of Supervisors. II The president .of the Bayshore M. U. D. Board, R. C. Morris, will be con- tacting you in the near future to learn whether or not the City Council is still of the opinion that they will only treat the Bayshore M. U. D. area sewage it the District is annexed an~ not by contract. Sincerely, , re.Q,~ft.,c~ R. C. Morris, President Baord of Supervisors ReM/db CC: Dick Gregg, Jr., Attorney at Law Knox Askins, Attorney at Law ,~ 'i. tt. CBVY Of SDiO[FlEAC~fES 619 SHOREACRES BOULEVARD LA PORTE. TEXAS 77571 (713) 471-2244 "A KEY COMMUNITY ON THE BAYSHORE" October 10, 1973 CE~TIFIED }~\IL - DELIVER TO ADDRESSEE O}~Y RETURN RECEIPT REQUESTED Honorable J. J. Meza Mayor, City of La Porte P.O. Box 1115 La Porte, Texas 77571 .. Dear t-'J.ayor Naza: Last evening the Shoreacres City. Council, duly assembled, passed unanimously Resolution ~i196, the heading vlhich reads as follo\vs: A RESOLUTION DECLt\RING THE INTENT OF THE CITY' OF SHOREACRES TO TRAI{SFER ITS HASTEHATER TO THE CITY OF LA PORTE AS DI::'..ECTED BY P.l\l'..AGRAPH III OF THE uUDGENENT ENTERED IN CAUSE NO. 1,149,J95, STATE OF TE;~\S VS. CITY OF SHOREACRES A~ID EAYSHORE ~UKICIPAL UTILITY DISTRICT, IN THE 11TH JUDICIAL DISTRICT COURT OF HARRIS COmITY, TEXAS, Atm AUTP.ORIZUiG A.ND DIRECTING THE J.iAYOR OR HIS DESIGNEE TO ENTER INTO A CONTRA,CT WITH REPRESENT~rIVES OF LA PORTE FOR SUCH PURPOSE, A~~ TO REPORT TO CITY COUNCIL AT NEXT COUNCIL ~illETING. I, as ~1ayor of Shoreacres, therefore respectfully request that you set a time convenient to you, for us to get together on preliminary discussions that, hopefully, will lead to a contract that is both workable nnd mutually agreeable to the t\>10 cities. I have been mandated by r.1Y Council to report back to them at the next Ci.ty Council meeting, \,]hich is 140nday, 30 October, 1978, and I sincerely hope that by that date we are well down the line in negotiations lead- ing tm~ard a final contract prior to the 60-day deadline frotll date of the Court Order (2 October, 1978). I \,;ould hope our fin:t meeting \~olllc.1 be \vithin at least 10 di.\Yf3 of your receipt of this letter and its inclosed copy of ShoreacreR Resolution 1196, and a letter " - ~ e- --. }'age 2 Nayor J 0 .T. Heza .. Htating your intentions - or better yet D. nesolution from your Council, along the same lines as the inclosed Itesolution - ,.]ould be 1"i10St ':1elcome. Cordia lly, Q:M/~~ Rowe Ho Holmes Hayor RHH/lw lncl: Copy of Resolution #196 I, Margie Goyen, City Clerk, do hereby certify that I received this letter at 10:55 A.M., October 12, 1978. ~1-4~V ~ Ma~g1e ~oyen, City Clerk .i ,4 :,.,,..,.._ h; '1Itr I>! I' \I~ J'\li.'\T ()I' \'. ,\'ITI~ \, i..,,' 1.:-- I .:: '\: :'. ',-I J!: ...'1', .... :\, ..:11::' :\::'1111. 'I\',,!~ .. ....,... .,....' " I, ~ . .-.... . ~ ./ ~-- I..~~ '- " .,. '.", ."\.)' . -,; \-:. .,-,,::..-. 'w.' . ~..' .....!'.. ,. '1'1 :\ " \'. \ I! I: ( !,': .q','ill'. II \,\', \'. ',.n.1{ III \.: 1.111'\:i '.!, 1;1I:\Rll '\. I . !:;.h'~."; ....:.. ,r I h' n. (.1" '. I:.;...... I~. (;!iril'.h'.\',. ! :'."'L .1" 11. 1 ".r' \" 1 ~. ! ! ",: .: ; 'J; ..... or PuP... I...' I:, ('"".,.', .I. .: .. I:. ( ;..: r ~. r : I, ....: \.'.. ....:1.' :1.. ,". 11..1'\ ..'~ I I, I ).l\ j, I \ ,', II t 1\ I I ~il' t ! t I;' I, ':- .! I' ..,., . ~Iay 25 J 1978 Mr. Knox W. Askins Attorney at Law 703 West Fairmont P. O. Box 12lB La Porte, Texas 77571 Dear ~rr. Askins: Re: City of Shoreacres and Bayshore MUD Thank you for your letter of May l8, 1978 and for the copy of the proposed agreement which you enclosed with your letter. You requested that this matter be placed on the agenda for the June meeting of the Texas Water Development Board so that the Board might consider approval of the agreement. This is not appropriate since permits under the law setting up the Department are issued by the Texas Water Corr~ission, not the Board as was the case when the Texas Water Quality Board existed. Furthe r, c:i:t;,.-iS.il:l'!.9~t..;;..y~--p,ropl;'.i:a.1fe~-t.(;j~'1'ts;i.~er~~p~rmi~ ainendm€Jr,~.io.1T1a'Smueh ~s!Cth~"'o'1'lece'Ssa:qr~r~-t~.s:cep=TFJ!ta"~a b:l:E!t $.91u_j:ion.~i:.to:::t;the.,.=ten~'ire.;.{.jS:h.'orea'C,res=.Bay'shore'.::;:s~.W,e.,:t:'Age.::p.f"9.b~ -chas4.:.!l.2~_:J;t~~A:,:~,f,f~ctua ted.t,,:,:'rth'iso"';'bEdn.g::: as'fYou"-:wi::lj,::,'r.ec-ar~tr~ ..p rereq'u i"s i.te.l..~:O 1::.any,~:'in:t;.~,t:.i..:.m ':. re l-ie,f,:;'E.::'3.!: We think the following procedures are the ones to be followed in solving the problem. The matter will be submitted to the Court on or about June 8, for consideration of the Special ,r'~aster's report and hopefully for ent.ry of a final judgme:-~t ~n the lawsui t. ..At::"suc~~i.me:.:a's':~~a:..'.fiha1:1~,tl).o.grnen:t:~s.::-en.t,g,r~_q-~ ~e expect that the City and the District will enter into appropriate contracts for accomplishing the irnproveT.ents required by the Court. \vhen these contracts have been executed, the:.Departrnent~wi~~~then~dni~ia~e.p~oce4~~~s~~o~ II.: i. i',.', 1, ,;)~ (".::.ill'~ ".<:,\t"l . .6'\::...~in. 1", '.I~ 7'~7i ~ .. .:;.. '.: c...,,!.... 51:! .:'7.;:;1 ~:7 'l~~ ..... .~.. .- -- ~rr. Knox W. Askins -2- Nay 25, 1978 --.. ~._- ~ _..to. I @~d"..Pern1J. t No. 10.7 5 S'.-.t'o,~.~~flect ..the. 'CP~~_t:..,s.._.Qrder_,_:~[lg,_j:bf:~ ~cil?:ttCi~_eq.j;ered' ihto~:..:t,h:e~e,undei=4: Hopefully, this will be a'ccomp1ished before the expiration of Temporary Order No. 77-l4E. It is our intention to reco~~end to the Co~mission that the amended permit include a timetable for completing the required long-term improvements. ~Tlie ':,amendment't;'shou1-d~ Jlot ,~~t,h9J;j",ze ,any ~,increa.se, ,in.'.the;, vOlume_,of,",dischq..rge_. ?_i_~_~~, .t:o . do. so: would sen~,e ~no..:...,'lJ._s,e.;f,~~:"purpq~.e ..;i,nas,mus::h:: as, the '"actual. .volume Qf._Wc;t,stJ= ~;i.~.charged;. would. ,still_ vastly. exceed, the:i' .:,capabili ty . ,of:,. the ~:plant .and;'..thus,_:the.,~p_erJ!li t:'~ In addition, we would propose that the amended permit carry forward the limitation on further connections reflected in Temporary . Order No. 77-l4E but that it authorize certain relief from ,those restrictions provided that interim facilities are made available. The specific provisions of the amended permi~ will of course depend on the final outcome of the litigation now in progress and that is why amendment proceedings have not been initiated to date. If I can be of any further assistance, please do not hesitate to call. Sincerely, CUu Dick tihittington Deputy Director cc: Mr. John Sheffield,' Jr. Mr. Rowe H. Holmes, Mayor, City'of Shoreacres Nr. R. C. Norris, President, Bayshore Hunicipal Utility District Mr. H. Carlos Smith, ~ngineers and'Surveyors, Inc. Nr. John Garrett --- -: 'C' ..-... , I 1 J , ( KEtml,TH 0, MCCONNICO IlICK I'. GFlEGG, JR. .. .IC)HN H. KENNAMER MICHAEL. H. DRISCOLl. .. .::~.{J~\~i:... ': MCCONNICO. GREGG & KENN~M~;~t ,.,-:;';,.">::;:;;?>",. , 'ATTORNEYS AT LAW " '.' :' '~":<-:;~;' {~,\<:"~,,,:< "713/.88.3785 H::;~::' ;~~:'~~O:. . .... ';:nn,~!~{~~t;: ~ ' ~3 February 22, 1978 ,. Mr. Don Spraggins Enforcement Division Texas Depar.tment of Water Resources P. O. Box 13087 Austin , Te,xas 78711 Re: State of Texas vs. Shoreacres and Bayshore Municipal Utility District Special Master Dear Mr. Spraggins: I enjoyed our meeting in Austin on February 21, 1978. In keeping with the guidelines established at that meeting I am sending a copy of this letter to the other parties to the litigation. My purpose is to direct your attention to the December 1977 Summary Report - Areawide Waste Treatment Manpgement Plan for the Greater Houston Area published by the Houston-Galveston Area Council, a document with which you are probably familiar. ~rhe major findings and recommendations of this program are con- tained on pages 6 and 7. Specifically, some of the findings relating to the Clear Creek/Clear Lake/Dickinson Bayou area are as follows: 1. Water. quality problems exist in this urbanized water- shed during both dry and wet.wea!:her condi.tions. 2. Clear Creek (nontidal) will not meet "fishable/swimmable" at existing, restrictive permit levels: EVALUATE FEASIBILITY OF TRM~SPORTING SELECTED DISCHARGES TO HOUSTON SHIP CH~:NEL V:3. FURTHER UPGRADING OF ALL PLA&.~TS AND LO\'lERING OF DISSOLVED OXYGEN STANDARr.. 3'. Wet. weather conditions in Clear Creek fail to meet II fi.s'hab1e/swimmab1e" criteria in 1983-1995. VALIDATE ~7ET ~"lEATHER MOD~L AND EXAMINE EFFECTIVENESS OF NONl'OINT CONTROLS IN TEST AREAS. --0=. " ,..,,&., .: e( Mr. Don Spraggins ~ Enforcement Division . Texas Department of Water Resources - Cont'd. Page 2 4. Simplified stream models also indicate potential water quality problems in Armand, Bayou and Dickinson Bayou (Ticlal) during dry weat~er (there are no stormwate:r models): VALIDATE DRY lfflATHER MODELS AND INSTITUTE WET WEATHER MONITORING PROGRAM. Mr. Clark ~orris of the Bayshore Municipal Utility District Board brought this booklet: to my atten1:ion. I also enclose a copy of his letter to the Houston-Galveston Area Counci.l. I submit this information for your consideration since the fact finding process has now begun. Yours very truly, O .. I c. d : 19m::. ";ane By Dick H. Gi'~gg, Jr. DICK'H. GREGG, Jr. DIIG:dls Enclosure cc: Bayshore Municipal Utility District 707 Shady River Road La Porte, Texas 77571 Mr. Clark Morris l002 Hollow Tree Avenue Shady River La Porte; Texas 7757l Mr. Michael T. Modern Savings 3222 Burke Pasadena, Texas Hay Buildi,ng 77504 Ms. Linda Wells Assistant Attorney Genp.r.~' . 'i ~ 3 ,~a;.n Str;:.!:" to, ....,,: 1- I Houston, Texas 77002 '""'. ,,,' - .' ~, ..- .. l 1002 Hollow Tree Avenue Shady River La Porta, Texas 77571 February 9, 1978 ]w1r. Royal Ratch, Executive Director ]jou8'con-Galveeton Area Council 3?Ol ivest AlabBJllB. Houston, TexB,s 11021 Dear Mr. Hatch: Proposal for ImprovinR the Water Quality in Clear Lake At the public hea,ring in Lea,gue City on February 8, 1978 concerning the HGAC Grea.ter Houston Area waste treatment plan I wn8 impressed by two sta.tements: (l) "It does not look like Clear Lake is going to 'make it' even if the discharge~ meet all requirements." (2) ''Where reasonable, HGAC will recommend, thai; discharges be moved from Clear Lake to the Houston Ship Channel." I would like to propose that the area plan specifically recommends the following: The cities of La Porte and Shareacres as well O,S the Bayshore Municipal Utility District be combineE\,. into a regional Bay Area sewage district, serviced by one plant cl1acharging into Galveston Bay. Existing 'sewage lines are now s1 tlla:ced so that they ca,n be 1ntercormected at modest cost. . .. ~a ckground for the ,Pro'Posal (l) The City of La Porte now operates an overloa.ded io3e\",ige plant that discharges into the Ba.y~ La Porte ha,s applied for (i. 15 percent government' grant to build a large sewa,ge p1.nnt to, handle new areas the,Y have anneXed. (Fairmont Pa.rk, etc.) and to provide for future gl"OW'ch. The Mayor and the City Council llOV(! stated that they are willing to handle sewage for the Ba,y- shOl.'c Municipa.l Utility District and Shorea.crea 'Provided they ca.n nnneX the area. (2) The City of Shorea,creo ann Bayahore Municipal Ut,ili'ty Dint.r:tc1i ho,vc a joint State permit to operate the ShoreocreB 3)lnnt. The effluent from this plant flows into Taylor Bayou/Clear . Lokc!. The plant was operated for years und.er contract by Gulf C:Otlllt "Ta.ste Disposal Authority. Shoreocres refused to renew' the conlirilct, stating that "they could, operate the pla.nt better end cheaper. II Recently the Attorney Genera,l has brought suit age,inat theBe permit holders tar polluting Clear Lake. " (oont'd.) ,~ ~ , ; ~ .., .',. . '!'! - 2 - 1{11'. Royal Hatch February 9, 1978 (;) The citizens of Bayshore Municipal Utility District have Elleneli a. petition in which an overwhelming InDjority (over 95 percent) f.:toted tha,t they wished to Join the City of La Porte. The City of ~:horea.cres holds extra,territorial Jurisdiction over BMUD and at this time will not yield this right SO tha.t 1MUD can be a,nnexed by 1.8, Porte a,nd a,lleviate the pollution eXisting in Clear Lake. (4) Shoreacres has indicated that they would like to continue to treat BMUD sewage; however, in order to meet current and future . requirements the plant must be enlarged and vastly improved. ,Since Shorellcres is only a bedroom village with ,no industrial tax ba,se it would require much financial assistance from BMUD oitizens. 1.. I , i : ~ E~.lmTIElr~ }.1o.ny citizens in the Bay Area, feel that it is only a matter of time before the State' will refuse to perm! t sewage plant effluent 1.;0 flow into recreational and fishing waters. It mkes much better ecological and business sense to Join La Porte in a large regional Bew~,ge treatment pla,nt. Since this proposal agrees with HGAO stated objectives, we 'Would gL.eatly appreciate apything you ca,n do to aid in its being part of the :f'1nal plan. Sincerely yours, ~ R. C. Morris Supervisor and Vice President Eayshore Munioipe~ Utility District co: - u 'r If"", , C. E. Mastersonf_ / I 'I N. J. Aschliman ' , l~a."( Biggs, President, Bo.yahore Municipal Utility District J. J. Meza, Mayor, 01 ty of La Porte d, - .' , "t,.. :' . .. December 19, 1977 MEMORANDUM To: City of La Porte Mayor and Commissioners, ,'~~ayshore Muni ci p.~tLM:tJJlty_Q.1.S:ttj'ct::Board of Supervrsors','-Susch, Hutchison & Associates, Inc. From: David A. Corbin Subject: Status of La Porte's PL 92-500 Construction Grant I met with Bob Fleming and Milton Rose of the Texas Department of Water Resources on Wednesday, December 16, 1977. We discussed the status of the above referenced project. I will hereafter refer to the Texas De- partment of Water Resources as the TDWR. Federal funds in the amount of $195,000,000.00 may be allocated to the Construction Grants Program sometime this month. However, due to U. S. Congressional and Presidential disagreements, this funding will most likely not be allocated until February or later. Depending on when the funds become available, there is a good chance that La Porte will be funded for Step II within the coming year. I have written a letter to the TDWR requesting ammendment to La Porte's Step I Grant. This ammendment would be for additional funds to perform an infi'ltration/inf10w analysis on the Bayshore Municipal Utility District collection system. The TDWR cannot act on this ammendment request because Bayshore M. U. D. is not part of the La Porte Planning Area. As has been stated before, Bayshore M. U. D. lies within the extraterritorial juris- diction'of Shoreacres. Shoreacres will not release their jurisdiction over' Bayshore M. U. D. Consequently, the City of La Porte cannot annex Bayshore M. U. D. Shoreacres and Bayshore M. U. D. are under suit by the Texas Attorney General's Office to stop po11uting'the waters of the state. This suit will probably be brought to trial sometime in January or February. It is not known at this time whether the outcome of the trial will produce a solution to the problem Bayshore M. U, D. has in being released from Shore- acres jurtsdi'ctton. The Cfty of La Porte has stated that it would not negotiate a contract wtth Bayshore M. U. D. for sewage treatment. Without annexation or some form of a contractura1 agreement between La Porte and Bayshore M. U. D., the TDWR cannot ammend La Porte's Step I grant. It was hoped for a wht1e that if La Porte could work out a contract with Bay- shore M. U. D., their posHion on the Priority Funding List would rise s1'gnifi'cantly. Thts i's not the case however. Even with the additional load, La Porte's priortty rating would not rise significantly. In view of th1's, i't 1's not li'1<ely' that La Porte would alter its previous statement and dectde to negottate a contract with Bayshore M. U. D. Therefore, it 1's the optni'on of the .TDWR that La Porte should continue in the Construction . ~, ., , . << Grants Program on its own for the time being. This is to say La Porte should final out its Step I so that when funding for Step II becomes available, all that would be necessary is for La Porte to fill out the Step II application. Bob Pl~ming will be writing La Porte a letter to request permission to disregard the grant amendment letter and proceed with the finalization of Step I. Bayshore M. U. D. should be considered for an ammendment to La Porte's grant when the Attorney General's suit and annexat1~n questions have been settled. On January 20, 1978, at 9:00 A.M. in Room 118 of the Stephen F. Austin Bldg. in Austin, the TDWR will conduct a public hearing to consider pro- posed rule changes to the Municipal Facilities Construction Grant Priority Rating Process. This hearing will consider proposed process revisions only. The TDWR has decided not to revise the Priority List for the second half of Piscal Year 1978. This decision was made because funds had been exhausted for the first half of Fiscal Year 1978 and none would be avail- able until sometime during the second half. It was decided that since funds were tied up in Congress for the time being, it was the proper time to revise the Priori'ty Rating Process and not the list itself. The list will be revised next Octooer for Fiscal Year 1979 with the new Priority Rating Process. Until that time, La Porte will remain at number 140 on the list. The funds becoming available next spring will fund so many projects. Depending on how long the funding lasts, will determine whether or not La Porte gets funded before its rating changes again and/or more funds are allocated. j,,- e e KNOX W. ASKINS,.J. 0, ATTORNEY AT LAW 122 S. BROADWAY P.'O, BOX 1218 LA PORTE, TEXAS 77571 ~ 713 471'1888 October 27, 1977 \. The Hon. Mayor and City Commissioners CITY OF LA PORTE P. O. Box lll5 La Porte; Texas 7757l Gentlemen: I enclose herewith proposed Resolution, with copy of BMUD Reso- lution attached, approved at the meeting of October 24, 1977. This Resolution should be put on the n~xt regular meeting agenda for ratification. By copy of this letter, I am furnishing ~ copy of this Resolution to Mr. Dick H. Gregg, Jr., attorney for BMUD. YoU@ very truly, / . / /~ ,;". , I --7,..:.-/,/ /~t I 1;~..,.,.." ':/ \ /Cf? t.)\. (/.... /C.qi'..,,.,'.'~_______ Knox'W. Askins KWA: jm Enclosure cc: Mr. Dick H. Gregg, Jr. McCONNICO, GREGG & KENNAMER Attorneys at Law l7040 El Camino Re~l Houston, Texas 77058 Mr. Dave Corbin, P.E. BUSCH, HUTCHISON & ASSOCIATES, INC. ll07 Fleetwood Dr. Bay town, Texas 77520 i.'t', .~.. .. ". '. .' '!' I: t' "" "e '.' .r: ,0; ,~ .f.. '.,. :~J'..::~ ,: (" ...,~ ',. ','0:". -,-,';;; , . I .-.':' I: ". . . .. ....:.. .......... . .... -' . - ';-.. :. .... HtJ~, Pojr(~'-'2-~~ 7' . i/sdeath by thief[ . .. '. . .~ iJ Injuriction sou,ght The State 'of Texas asked a state courf ' Monday for an injunction 3gainst the, City of Shore Acres and the Bayshore' ,Municipal Utility District for alleged: violation of water pollution laws, ~ The lawsuit also seeks civil damages' of $1,000 for c3ch alleg(!d violation since: February 1975. It aller:ed that waste from' the Shoreacres sewage treatment plant: flows into Taylor B3YOU and from there! to the San Jacinto-Brazos Coastal Basin; in violation of state permits. , :, Mayor Rowe H. Holmes of Shore Acres' said, "This :mit comes as a complete sur-: pl"ifiC." He said he could not'comment' until he had m'ore information on the' suit. No hearing was set.' ,0- o ,and two be shoot- :0 Harris 's and an him certi- e said. je youth , 21, of the , l lounge in :rC(!t a bout md Garcia :ner earlier !d, he was I and sever- lid he was r bottle and ~d 'fire, om- Jl Tamay,... chpo;t. , . . ~ r.1 {)JJicer "c.1e.nrlld ' '.. , s.. ~ .:~ " , t. j ; , ; ,"!,;.~~.~. , .-.... ,\ :",' ~ .... . . . ";' . ~ 'i .,;;'" . -. . -.r W\. 3039 Fondren La Porte, TeXas 11571 October 12, 1911 The HonO!'eble Mayor and Ci1:'y Council, City of La, Porte The Eonorable Ma,yor and City Council, City of Shoreacres The President and Board of S'.1pervisors, Bayshore Municipal Utility District Gentlemen: We wish to present to you the results of a petition that ha,s recently been passed to the regi.s'tered voters in the Bayshore t-hlnicipal Utility District who could be rea.ched. A summa.ry of the results of this petition is ~ttached, and shows tha.t the overwhelming majority of our citizens desires to be annexed by the City of La. Porte so that our sewage lines may be connected to those of that city as soon as possible. Although we appreciate the fact that the City Councils are not required, to ackno-wledge this petition, we certainly believe that the American system obligates elected officials to be responsive to the wishes of the people whenever suc;h a majority bas indicated its desire. We respectfully request that you act on this matter at your earliest convenience. 0~~a- . ~~ . Martha Beasley ~ ~~{r- ~ Carol!f' Collins ./,~ ~ {, 'b.., W. E. Gv18ltney j The original signed petitions from each BMUD area ere in the safekeeping of Bayshore National Bank and may be examined at your request. ~ .- ~ ATTITUDE OF :BMUD CITIZENS TOHARDS ANI'i"EXATION BY LA PORTE FOR SEt-TAGE TREATNENT ..... ~ :".. ~.l ~tr,\ In order to determine the attitude of residents .rithin the Beyshore Municipal Utility District towards a,nnexation by the City of La Porte for the purpose of se.....-age treatment, a group of citizens decided to circula,te a petition among the registered voters in the Distri&t. . The petition read as follo~.;s: "PEI' IT ION We, the undersigned citizens of Barris County, State of Texas, residing in the Bayshore Municipal Utility District, petition the City of Shoreacres to release the District from. the City's extra.territorial jurisdiction. At the same time we petition the City of La Porte to anneX the Bayshore Municipa.l Utility District. These moves will be of great benefit, since they will allow Bayshore Municipal Utility District to take its sewage elsewhere, as the City of Shoreacres has often requested. They will also a1l0'to1 Bayshore Municipal Utility District citizens to shere in direct community owner- ship of a ne't-T selmge plant, a new police station with the latest communication system, and a paid, full-time 'fire department." The results of this "petition shO'..r that 58.4 percent of the rep;istered voters were contacted in B14(;1). Of this number, 95.8 :percent signed the "petition in fa.vor of annexation with the City of La Porte. The refusals amounted to 3.2 percent. The petition was circulated over a, short time interva.l (approxima.tely two weekends) and many more signatures could have been obtained over a, longer period. It is certain that the results are representative of the thinking in t,he District towards annexation by La Porte. . The number of registered voters in the District was obtained from the March 9, 1977 L1st of Voter Registrations in Precinct 377. This listing may not be entirely accurate, due to mobility of the population, but may be accepted as a gC?od indication of the number regl.stered. In the table below, the registered voters are those whose voting certificate numbers are knmm. A number of other persons who were property owners asked to sign who were either in the process or registering or who intended to register to vote. Also, there were SOIre registered voters who did not have their voting certificate ,numbers available. These non-registered voters and those who did, not have their certificate numbers available have been listed together in a separate column. Bl>1UD Area Total . Rep;istered Voters ',i Tota,l Petition Si~ers Signers Non- Signers Registered Re~istered, At This Time Shady River 215 , Shady Oaks III Bay Colony 177 Pine Bluff 54 Bayside Terrace 194 Bay Oaks ..M. TarAL 816 Total Number of Refusals 15 l6l 64 85 55 130 -12 573 l52 54 58 34 103 6l 462 9 10 27 2l , 27 .l:1 111 October l2, 1977 ... .~. . ../,~ p ,cc: ~ ft' '.- Me. Linda, Wells Assistant Attorney General 723 Main, Suite 610 Houston, Texas 77002 Texas Dept. of Water Resour~es Attn: Mr. Robert G. Fleming P.O. Box 13807, Capitol Station Austin, Texas 78711 The Honorable Bob Gamage U. S. Representative 515 Cannon Building Washington, D.C. 20515 The Honorable A. R. Schwartz The Texas State Senate Austin, Texas 78711 The Honorable Ed R. '\-latson State Representative 2318 Center St..I Suite 109 Deer Park, Texas 77536 Mr. Tom Bass, County C'onn:nissioner Rm. 760, Family Law Center 1115 Congress Houston, Texas 77002 Mr. Dick H. Gregg, Jr. Attorney at Law 17040 El Camino Real Houston, Texas 77058 ;J '},.~.. . '\ \ , '-' V I" . .~- v I ' _ I' I ; V ,. I" '- << "vvV~ LAPORTE, TEXAS 1 '" I . V I P. O. Box 243 I October' 6. 1977 .' . ;':r'. ~tobert G. Fleming. P.E.. Director Central Operations Division Texc..s Hater Qual ity Board ~. O. Box 13246. Capitol Station Au s t 'i n. T X 78711 :ear Mr. Fleming: ~~~s is to request your assistance in the present apparent stalemate between the city .)7 Shoreacres and the Bayshore Municiple Utility Dis~rict (Bay MUD) \'/hich adjoins ~hcreacres. . ~n~reacres has been processing the Bay MUD sewage for several years since the Texas ~~ater Quality Board ternlinated the Bay MUD practice of using settling'ponds for pro- c('~ss '[:19 se\':age. Th,e recent confl i ct brought on parti ci ally by the purported 10\.:er ~~'~in9 caused by Bay MUD sewage and resultant direction by Shoreacres to Bay MUD to h~ve ~heir sewage processed elsewhere has, caused BayMUD to request that (a Porte per- for~ ~hat service. Because of the loca~ion of BAY MUD's and. LaPorte's main sewage ';'if,es reiative to each other, this \'lould result in an unnecessary high expense to the ~expayers in Say MUD. LaPorte is most receptive to the change under the proviso th~t .i....~y annex 3ay l'iUD \."hich is in the extra jurisdiction (ETJ) of Shoreacres. There;s ~~ indication that Shoreacres is receptive to relinquish their right to the ETJ noted. I-!e. '~;-,e Board of Bay Colony Property Owners Association, feel that a majority of the ci~~zens would prefer no anne~ation at all. The processing of the Bay MUD sewage ',-Jou1d in a:l probability 10\'ler LaPorte's rating and enhance their position in obtaining ~ Federal Grant to enlarge ,their facil,ity.' ' )~nCI~ Bay Colony is one of the five areas serviced by Bay MUD. \'Ie are most concerned 1.','.:1 -che possibility of being without sewage disposal. ~le understand that, during the \,7.~;:f Coast Haste Disposal Authority (~CHDA) contract with Shoreacres and Bay t',UD \'Ihcn ;~i~~^ ran the Shoreacres sewage processing plant. the cost to Bay MUD was arround Sll~Q . " Ilhlnth. \-:(~ f~lrthel. undcrstclnd thclt Shorr:lIcrp~ thi'". recr:nlly iJ!;1;':lilptr.rl trJ r:hi,r'jf' ;:.1'/ ;.;.!) ,\~; \lilli'll ,1$ $3500 per month for r';~lIl"Udl'Y. MdY'l,h. ^pril. oIrld l~"'y; I.III'Y l.IJ/'n irlu.'.....,./! ,,,)S 1.0 $flU/iB per month for Junc. July. ^ugust. Sc:ptC:lllocr, October. ulld Novl:fIIoer. nUIl(! of which have been paid as,of this writing. These charges also appear to be an injustice ',-0 the ci ti zens and taxpayers servi ced by Bay MUD of whi ch we a re a part. ~c \'muld like to prevail upon you to intercede in the existing disagreement between the ~~ -;.y of Sho14eacres and Bay HUD. If my qual ifications as a past president of Bay l"UD and cur~ent p~esident of Bay Colony Property Owners Association are indicative of merit. I \.:ouid be most happy to assist in any capacity that you would decm \'Iorth'tlhile. ...-. I ..-...-,...,.!' / /// ." ,', .:..-'_.......... ~~:: -::r...i _.... '-../.1 \ . \':::"':~"~"''''~71. ~/... D. K. Stafforc/./ ~i'CS i dent .~ "i . cc: , . '. . ..l ," The Honorable Bob Gamage " U. S. Representative 515 Cannon Building Washington, D. C. 20515 ... The Honorable A. R. (Babe)' Schwartz, The State Senate Austin, Texas 78711 The Honorable Ed Watson House of Representatives Austin, Texas 78711 The Honorable' ~1ayor and City Council .' City of Shoreacres 619 E. Shore Acres Boulevard" LaPorte, Texas 77571 Pi^eS i den t and Board of Supervisors" Bayshore ~unicipa1 Utility District 707 Shady River Road LaPorte, Texas 77571 '" , \ " '. --' Page 2 if' . ' , - ~ - -. .... . ,- ..4 ~ &:1\S DEPARTMENT OF WATER <<JRCES 1700 N. Congress Avenue Austin, Texas '} TEXAS WATER DEVELOPMENT BOARD A, L. Black, Chairman Robert B. Gilmore, Vice Chairman Milton T. Potts. John H. Garrett George W. McCleskey Glen E. Roney ......... ...~~~t oi.~+. .IJ>~~ .... . . ~/, \~. 'lIlo : t~,*J::-;:~ b~l. . :'::-:lCa ~~', .. " '. ~.:/~~: .W"\I'l.; ....,~~O ...:~.:~. ......o~.. :TEXAS WATER COMMISSION Joe D. Carter,Chairman Dor.sey B. Hardeman Joe R. Carroll .. Charles E. ,Nemir Executive Director, Acting September l2, 1977 0", C l .~ RE: La Porte, Texas C-48-ll76 { ....(B~y~horeMuD)~ ..~--::.-===.::-:._....~~ - I '. Mr. Knox W. Askins City Attorney City of La Porte P. O. Box l2l8 La Porte, Texas 7757l Dear Mr. Askins: There are several situations related to the contractual agreement between two or more entities in the grant project. During Step I work, we will require copies of an Agreement or Resolution from the Bayshore MUD which stipulates their concurrence to abide by the results of Facility Planning in the La Porte project. Secondly, this Agreement ~hould contain the arrangements between the MUD and La Porte for financing the local share of project costs. The grant can only be made with one entity (in this case La Porte) and all transactions are ~andled between the governmental agencies and the specified enti~y. The Step II funding arrangements of local share must also be stipu- lated and submitted with the grant application. In both cases, .. these are simple contracts between the two entities. puring Step III, specific documents related to rates and charges for treatment standards for usage of the public sewerage system and capital investment recovery from industrial dischargers must be developed in Ordinance form. Therefore, La Porte's Ordinances cover- ing these matters must also be enacted ?y the MUD. There are guidelines available' to develop these ordinances but the project P.O. Box 13087 Capitol Station ., Austin, Texas 78711 . Area Code 512/475.3187 , . ,,~ ... ~, .- ~ 1 . La Porte, ,Texas <;-48-ll76' (Bayshore MUD) Page 2 ~ . ~onsulting engineer must present cost information in order to develop user charges. . We will worX with you and the authorized representatives to detail 0- ,all this in'ro'rmation concerning Step III requirements when the pro- ',: 'ject advances to Step III. Sincerely yours, .~ 'D U-ji , \ Harry D. Voigt, P. E. Chief, Grants Mal1agement' Construction Grants Section DEM:kd " I, ~~\~ / , . , " " ,'i3AYS..~E MUNICIPAL UTILITtr"ASTRICT 707 SHADY RIVER ROAD '- LA PORTE, TEXAS "January 14, 1977 l-iayor J. J. l-ieza City of La Porte P. 00 Box 1115 ,La Porte, Texas 77571 Dear Mayor Meza: It is our understanding that the City of' La Porte is applyirig for a federal grant to rebuild or enlarge their waste collect-' . tion and treatment system., The Bayshore Municipal Utility .' District would be very interested in joining such a reg~onal treatment program. We would have to also receive .federal aid since our present system and sewer lines would probably be inadequate. Our present 'contract with Gulf Coast Waste Disposal Authority for sewer treatment in the Shoreacres treatment plant termi- nates January 31, 1977. vIe have authorized GCWDA to continue oDeration of the plant on a month to month basis but the future BMuD sewer treat.ment remains uncertain. The Shoreacres plant cannot presently meet the required ~tandards for upgrading and modifications. 'VIe have been unable to come to any agreement with Shoreacres and therefore'we will consider any viable solution. Sincerely, ~~~ H. Max Biggs, President Board of Supervisors cc: David Corbin %EUsch-HUtcbison & Ass., Inc. 1107 Fleetwood Baytolm, Texas ffi-1B :dh ':",~ ' " ';.;. . :- I... ...... '" ~ .' ;j .;. .- <, . .: ,. . . ~.:. . " BA.)RE MUr~ICIPAL UTI.. DlSTHICT . 707 SHADY RIVER ROAD LA PORTE, TEXt\S . August 2, 1976 Honorable Hayor and CitY' Commission City of La Porte, ' P. O. lhx IllS La Porte, Texas 77S71 Greetings: .. . . . . This letter will serve as a letter of intent confinning the \ desire of the Bayshor~ Municipal Utility ,District to ~' ' treated domestic water from the City of La Porte for resale by Bayshore Municipal Util~ty ?istrict to its customers. In the event that direct sales would be undesirable orin . conflict with regulations, Bciyshore Hunicipal Utility District' would be amendabl~ to joining La Porte as a party. in building , , the surface water treatment plant and the deliver,y ot the treated water. . . ' All such actions would of course be subjec~,to negotiations and the appl~val ot the La Porte City Commission and the Bayshore Hunicipal Utility ,District. ]bard of Supervisors. Please advise us when the City' of La Porte is'reaqy to pro- ceed. Thank you very much. Hl1B/dh , Sincerely, 7J1 'Y4-;1~ Max Biggs, Presiaent , Bayshore MUnicipal Utility District lhard ~r'Supervisors .. BAYS.RE MUNICIPAL UTILIT~ISTRICT 707 SHADY RIVER ROAD LA PORTE. TEXAS . July 16, 1976 City of La Porte Mayor Mesa and City Commissioners Post Office Box 111, La Porte, Texas 77,71 Dear Sirs: The Bayshore MUnicipal Utility District provides water and sewage. service to the unincorporated areas just south of the La Porte ci ty limits along old Highway 146. One of our two wells caved in recently and we closed it down. The remaining well is quite adequate for our needs; however, we would like to have an emergency backup. La Porte has an eight inch main water line which runs south down old Highway 146 to your city limits and since BayMUD has an eight inch main on the other side of old Highway 146, it appears convenient for a hook up. ' I would request that the City of La Porte agree to provide emergency water to BayMUD. I have discussed the situation with Mayor Mesa and a BayMUD Board of SIlpervisors member will be available at your July 26, 1976 workshop to discuss the matter. Thank you, &- y~ '/ /~' ~~ Max iggs, President Bayshore MUnicipal Utility District MB?dh ec . BAYSHORE MUNICIPAL UTILITY DISTRICT P. 0, Box H!G6 l333 LA PORTE, TEXAS December 8, 1971 .. City Council City of Shoreacres 619 Shoreacres Boulevard La Porte, Texas 7757l The Board of Supervisors, Bayshore Municipal utility District, being elected representatives of the citizens "~thin the District and acting on their behal~, respectfully request that thc City Council of the City of Shoreacres provide a for~al resolution consenting to the annexation of the Bayshore Xup~cipal Utility District by the City of La Porte, and releasing any extraterritorial jurisdiction it may have over any portion of the District. The Board presents this request after careful consideration of the follov~ng: 1. The continued existence of an entity such as the Bayshore I~unicipal utility District, surrounded by incorporated cities, constitutes a govern~ental services inefficiency. 2. Bayshore I'1unicipal Utility District 'tdll eventually be incorporated :i.nto existing ci tie s. 3. The long term existence of the Bayshore Municipal Utility District ';..'ill be dictated by: a. The piecemeal incorporation of the District by two cities (La Porte and Shoreacres). b. The necessity for establishing long term contracts and financial obligations to handle advanced serlage treatment. 4. The continued e)~stence of the Bayshore Municipal Utility District will cause a double taxation situation upon the citizens as each portion is annexed by a city. ~~ou recoenize that an oov~ous solution is the incorporation of the entire District :mto one city and the automatic dissolution of the District. Such a solution is possible if you 'tdll adopt the requ.ested resolution. Since the effect upon the individual citizen of Shoreacres would be neGligible compared to the effect of double taxation upon eacn District citizen, ""ould you please De good neighbors and adopt such a resolution? aO~UPerviSOr5 A. R. Arnett secretary-Treasurer << COLONY PROPERTY OWNERS ASSOC&:N Box 243 La Porte, Texas 77571 . ./ ,---l-~ - { C'--'l- "'-U_C....,;\.., November l5, 1971 ~ Mr. Dick Brown City Administrator Ci ty of La Porte l24 South 2nd street , . La Porte, Texas 77511 Dear Mr. Brown: As per our conversation of November ll, 1971, concerning possible annexation of Bay Colony by the City of La Porte, we wish to convey to the City of La Porte, in writing, our request for armexation. As you know, we were annexed illegally by the City of Shoreacres in 1968 and subsequently filed suit against the City of Shoreacres; the State found for us and the annexation was set aside. Now, hOv.'8ver, there is a bill pending in the House to give cities under 5,000 population the right to annex adjoining areas without a vote of c'onsent from the residents of said areas. If this bill is passed, Shoreacres will snap us up again and we won I t be able to do a thing about it. As far as we are concerned, the City of Shoreacres has nothing to offer us; ilie only reason it wants us is for tax purposes. We have polled the Bay Co10l1Y property ovmers and the majority w.i.shes to go with the City of La Porte. So. it is w.i.th the thought of better fire and police protection and other city services that we hereby request the City of La Porte for annexation. Yours truly, \1._1. ~_~\ ~ ~brough President JK:bma cc: Bayshore Municipal Utility District "~/. ^r~1\ ~ {~ 1-.\~ u'V v~ .' " '. . . . c I Ii' ~1 I. J ,1 l' , . -j ~ fi 'i ~ / ~ fV OF S~OR!;AC_ 819 SHOREACRIE. BLVD. LA PORTE. TEXAS 77571 December 17, 1970 ~ \ Hon. Mayor and City Commission City of La P.orte La Porte, Texas Gent I emen:' Ref ere nee i s ma d e toy 0 u r 1 e t t e r '0 f J u 1 y 6, 1 970 and to appearance before City Counci I of Shoreacres by Mayor Carlos Smith and your City Attorney' Mr. Knox Askins on December 14, 1970; regarding the .Bayshore Municipal Uti lity District and your proposed annex- ation of the District. W~ apologize for the long delay in reply to your let~er. As you are aware, a court case, a contract, an order concerning sewage treatment and other items were related matters which required study and some planning before we could arrive at a position. . Enclosed is copy of City of Shoreacres Resolution No. 94 which sets forth our position at this time regarding the Bayshore Municipal Utility District and your proposal on same. I feel that this re- presents the opinions of the majori,ty in Shoreacres and its adjacent communitJes, and that the wishes of an informed majority s~ould guide their elected representatives. A difference in Objectives and views between the people of La'Porte and those in Shoreacres and adjoining residential areas, is u~fortunate but quite understandable when,all factors are considered. This 'action and reply are not intended to preclude discussions by a committee, as proposed by you.at our December 14th Counci I Meeting. We are only declining to initiate committee discussions for the purpose of implementing your proposal on annexation. We are quite wi Iling to explore other proposals of a tentative nature. S i n~~y '_ ., .~- I'~~C~~ S he II E . Mart i n Mayor SEM/mp Ene I : ':";.:. .:'''''~: . ..... . ,....-..~~.:-..,.I~.P.O.. :,:-~'f;. : t7~ ." 1~~Jil. : . . ~ ~. :.' . ..... ." , :'J....i,.' ..~{ '~~;':':' '". . " . ;r "~, I, I ..' \ ,~ ' ,.. I. I I' I I , . .~ . ~ .. : ..~. :;J ;~ '1 C' " ( . CITY OF SI-IOREAC<<S ROUTE I '. 818 SHOllllACRa BLYD. LA PORTE, TEXAS 'August II, 19.10 .. Hon. Mayor and,C.ity COrrimi.ssi'on City of'La Port~ ' , P., 0 . Box 11.15,,, La ~orte, Texas 7757 r . ., . ,Gentlemen::...'.,',' -". .:;.---- Your l~t'ter ~fj~1y"6',,:1~70; regarding' Bayshore Municipal Uti lity Di'strict, was received July 15th' ahd is being studied by the Shore- ,acres, City CounciL, Th,e Council:,at. its meeting or August 10, 1970" ,authorize~ ~e t~ write this ,interim rep~y. . ',. . 'The City of ,Shorea~res 'apprec~ates the City of La Portels interest In the Bayshore Municipal. Uti lity, District and your stated plan to' complete the 'annex~ti on' of .the northern part of the Di strict before- the end of' 1970. Your letter states: IIAttached to this letter is a proposal iuggesti'ng a pos~ible division of the assets and 1 iabi,lities 'of the District'J~ Please be advi~ed that no propo~al was received, i.e. there 'was no attachment to your letter. Such a proposal would be of primary interest because the City ,of Shoreatres has a contract with the District which remains in full force and effect.until two years follow'ing"the date upon which one party or'the,other gi'ves, not,ice in writing of intent to ~ancel the contract. Further, City, of ,Shoreacres has unilateral right under the contract,to extend the;' contract. for five y.ears'follow'ing notice of intent to terminate.the contract~ Accordingly, the City of Shoreacres feels' the need of a firm proposal ,from the,City of La Porte on furniShing of water and sewer service, including handling of waste treatment and efflue~t, 'for'the inhabitant~ of the north~rn part ,of' the Di~trict. I " , ' , As you ar~ probably aw~re, the City of Lindale, Texas, has appealed:' . for,a fehearing of ,the case cited in your letter and other cities .are expected to fi le amicus curiae briefs. In ,view of this and.. . other possible developments, the ,City of Shoreacres feels that the action you propose regarding our annexation of the southern portion 'of the District require~ further study. 'With respect to your announced intention of annexing ~ll of the northern part of the District this year, it appears that the princip,re of a majority. vote of inhabitants'for an anne~ation action on an area should b~ valid and apply to all ~itie~, if made to apply to one. Thus we desire' to, mov~ 'slowly on the matter, but do hope tq reach an agree- ment with you. ,The questioQs of city services:and their availability are deemed very important." There is no question or "double taxation' ~~~,..~~ .... <;'." .",...~ ,....:~.I ~'." oJ- 'j . '. ' !.; . , ' . '.:. ~ ' e'( e('. City of La Porte A':Igust 11, 1970 2 Where Shoreacres and t~e District is concerned because of a joint agreement whereby Shoreacres pays the District any taxes due the District from property taxed b}' S'horeacres. ' The City of Shoreacres desires to question the assertion made in your letter that ",the northern portion of the, Bayshore. Municipal Uti I. i .t Y 0 i s t r i c tis wit h i nth e . e x c 1 u s i ve ex t rat err i tor i ~ I JlJ r i s d i c t i 0 r of the Ci,ty of"La Porte". The Texas Supreme Court has recently 'affirmed that a_general law cJty has extraterrit~rial jurisdict~on~ "It ,is our opinion that 'an)' annexa,tion -of-ter'rr'to'ry within~one-ha1f . mil e of 't he C j t Y , , Li m its 0 f , the C i t y 0 f S h 0 rea c res s h 0 u I d be' sub j e c t to.a prior a~reement between the governing bodies having legal". interesti.' It is, not clear to us just how this right is affected _ by La Porte's action in annexing the 10 foot strip along our north boundaries. " , . In, summary, the'City of Siloreacres IS givIng careful .thought to your proposed' best solution but needs nlore jnformation and time t6 arrive' at a course 'of action. 'Sincerely, CITY OF SHOREACRES ~. -- By. ~ ~ e . arti ~~Yor SEM/mp cc: Bayshore Municipal Uti 1ity District P. . O. Box 1333 La Porte, Texas 77571 .J ".-'!"t: i'-' .' ~'l .. ,eC e< . July 6, 1970 Hon. 14ayo~ and City Council City of Shoreacres La Porte, Texas 77571 Ne: Baysbore Municipal Utility District Gentlemen I The City Commission of the City of La Porte at its meeting of July 6, 1970, authorized me, as Mayor, to write you, conce~nin9 the future disposition of the territory comprising the Bayshore Municipal Utility Oistrict. As you know, the aayahore Municipal Utility District comprises two non-contiguous tracts, the northern tract being situated north of the City of Shoreacrss, and the suuthern tract being situated south of the City of Shoreacres. The City of La Po~te hAS a strip annexed along the north city limit 11ne of the City of Shoreacres, and the northern portion of the Bay- sho~e Municipal Utility Dist~ict is within ~le exclusive extraterri- to~ial jurisdiction of tbe City of La Porte. The City of LA Porte plans to complete the annexation of the northern part of the Bayshore Municipal Utility District before the end of 1970, and wishes to reach an agreement with the City of Shoreacres, whereby the Bayshore Municipal Otility District could be dissolved by o~dinance of the two aities, with La Porte. and Shoreacres each assuming the physical assets of that portion of the Sayshore Municipal Utility District lying within their respective cities, and likewise assuming, on a pro-rata basis, the otner aasets, and the bonded indebbednesa of the District. Attached to this letter is a proposal suggesting a possible division of the assets and liabilities of the District~ Howuver, in order to do this, it is necessary that the City of Sboroacres have a valid annexation of the SOU~lern portion of the Bayshore Municipal Utility District. It is our understanding that the City of Shoreacres commenced annexa- tion proceedings under the Texas Municipal Anne..tion Act during 1969, on the southern tract of the Bayshore ~unicipal Utility District. j ,~ f-' ' " I eC e( 'City of Shoreacres - 2 July 6, 1970 As you know, the Texas Supreme Court, on June 3, 1970, in the case of Jamie Sitton, et al, v. Cit~ of Lindale [Texas Supreme Court Journal, Vol. 13, Page 370, et seq], held that the Texas Municipal Annexation Act gave no authority to general law cities, such as the City of Shoreacres, to annex territory without an election as required by Article 974, Revised Civil Statutes. Therefore, we wish to urge the City Council of the City of Shoreacres to commence annexation proceedings on the southern portion of the Bayshore Municipal Utility District, under Art. 974, Art. 974g, or Art. 965, as the case may be, the Texas Statutes giving annexation powers to general law cities. Article 974 provides for annexation upon a majority vote of the inhabitants of the territory to be annexed. 'In the event the City of Shoreacres does not wish to annex the southern portion of the Bayshore Municipal Utility District, or, should an annexation election fail, the City of La Porte respectfully requests .the City of Shoreacres in that event to sign an agreement with the City of La Porte, waiving the City of Shoreacres' extraterritorial jurisdiction to the southern portion of the Bayshore Municipal Utility District, so that it may be annexed by the City of La Porte, so that 100' of the Bayshore Municipal Utility District will be within the corporate limits of the City of La Porte, and may be thereafter dissolved by ordinance of the City of La Porte. The inhabitants of the Bayshore Municipal Utility District were advised at the time of the creation of the District, that the Dis- trict would be annexed and dissolved by the City of La Porte upon the completion of its physical facilities and further development of the district. It is the judgment.of the City Commission of the City of La Porte that itCfJhould annex the northern part of the Hayshore Municipal Utility District, during 1970. The City of La Porte feels that the best solution of this matter would be for the residents of the southern portion of the Bayshore Municipal Utility District to vote to Decome a part of the City of Shoreacre~, and, thereafter, for the City of La Porte to annex the 'northern portion of the Bayshore Municipal utility District and reach agreement with the City of Shoreacres for a divisbn of the assets and the liabilities of the District, together with anyoperational agree- ments which would become necessary. The annexation of the total property comprising the District by the Cities of Shoreacres and La Porte, and the subsequent dissolution of the District by the two cities, will, of course, eliminate any question of lldouble taxation" by both the District and the respective cities involved. When your City Council has had an opportunity to review this letter, we. wOlltld appreciate' your giving us your thoughts on this matter. Yours very truly, CITY OF LA PORTE By H. Carlilibs Smith, Mayor I ~~'.~_ -..., t. e( ..' , City of Shoreacres - 3 cc - Bayshore Municipal Utility District P.O. Box i333 La Porte, Texas 77571 .. eC July 6, 1970 /- - .',. '* ". MORONEY, BEISSNER & CO"INC. I NVESTM ENT BAN KERS 1300 BANK Of' THE SOUTHWEST BUILOING 713'222./282 HOUSTON, TEXAS 77002 May 20, 1970 Mr. Carlos Smith, Mayor . City of La Porte, Texas P. O. Box 375 La Porte, Texas 77471 Dear Mr. Smith: I am attaching hereto an analysis of the Bays~ore Municipal Utility District and the division of this district between the City of La Porte and Shoreacres, assuming that La Porte would annex all of the , Bayshore Municipal Utility District north of the city limits of Shoreacres and Shoreacres will annex, or has annexed, all of the area south of the city of Shoreacres. There are 3 methods of determining the division of the assets and liabilities of this water district between Shoreacres and La Porte. In the attached schedules I have considered a situation where we would allocate half of the debt on the basis of water connections and half of the debt on the basis of taxable valuations. You will note that in this case La'Porte would assume 68-2/3% of half of the debt. This percent- age is related to taxable values. And 62-1/2% of half of the debt, this portion being related to the number of co~ect~ons. I have not taken into consid~ration any of the several miscellaneous revenue sources that would be available, for example, fines and fees, sales taxes, etc. I have only estimated net revenue of the operation of the water and sewer system, tax revenue at La Porte's tax rate and gross receipts ta.."{. Using only these three sources you will note that the City of La Porte would have available for general fund purposes, after the payment of water and sewer system oIE ration expenses and . La Porte's portion of the Bayshore Municipal Utility District debt, $45,798, which should adequately cover costs of fire, police and street maintenance, etc. "'" . . . ' Mr. Carlos Smith, Mayor La 'Porte, Texas ~ May 20, 1970 Page 2 With reference to garbage collection, this area would, of course, pay the City of La Porte charges, and presumably this is adequate to meet this expense. 'I think you can see that this area will provide sufficient cash income to pay all costs. By the annexation of this area, we can confidently expect further develop- ment which will produce additional revenue. If 1 can be of any help to the City of La Porte i,n its negotiations with Shoreacres or if you or any member of the City Council have any questions or need any additional information" will you please telephone me. With 'best personal regards, 1 am YOU:J( rnest L. Brown, Jr. Vice President ELB:rlm Encl. cc: Mr. E. A. Thomas Mr. I. J. Kibodeaux Mr. Bobby J. Burgin Mr. H. Goul d Crofoot Mr. P. V. Werner ~ I I I I' i ~ . -- Total Debt Bayshore M. U. D. $655,000 We recommend that this debt be allocated between La Porte and Shoreacres as follows: 1/2 to each city on the basis of taxabl~ values 1/2 to each city on the basis of number of water connections $327,500 $327,500 Ratio of taxable values on number of water connections: Portion North of Shoreacres-- 68-2/3% of assessed valuation 62-1/2% of water cqnnections Taxable values $6,067,640 300 Portion South of Shoreacres-- 31-1/3% of taxable values 37-1/2% of the number of water connections Taxable Values $2,768,370 180 Division of Bayshore M. U. D. Bonds -- La Porte Portion 68-2/3% of $327,500 62-1/2% of $327,500 Total La Porte portion = , $224, 881 204,687 $429,568 Shoreacres Portion 31-1/3% of $327,500 3!-1/2% of $327,500 Total Shoreacres portion :;:: $102,616 122,812 $225,428 = Cash Balances Bayshore M. U. D. as of 1-1-70 Fund. 65.6% to La Porte 34. 4% to Shoreacres 100% Operating Fund Construction Fund Interest & Sinking Fund Bond Reserve Miscellaneous TOTAL $ 3,637 4,710 52,342 . 2,692 601 $63,982 $1,251.12 1,620.24 18,005.64 926.05 206.74 $22,009.79 '$ 2,385.87 3,089.76 34,336.35 , 1,765.95 394.26 $41,972.19 J: .:;1' ~ . . . La Porte Po::bon of Bayshore Municipal utility District Assessed Valuation at 80% of actual La Porte portion of,debt Revenue to La Porte: Total Water and Sewer Income 300 connections Expenses Net Water and Sewer Revenue = = = Tax levy at . 92 estimated 90% collections $ , Estimated Gross Receipts Tax, Light, Gas, & Telephone ($26. 94 x 300) ~ Total Revenue after operating and mafntenance of Water and Sewer $ La Porte portion of principal and interest on bonds in 1971 Available for City ,Services, not including $ garbage pickup that will be charged .for at La Porte rates, which should produce approximately $8,400 $ 6,067,640 $ 429,568.65 $ 31,851 13,938 17,913 $ 50,240 6,465 74,618 28,820 45,798 No consideration has been given to revenue from any source as shown in schedule 2 of La Porte audit for year ending 9-30-70 excepting Utility Gross' Receipts. . Shoreacres Portion of Bayshore Municipal Utility District Assessed Valua.tion at 80% of actual Shoreacres portion of debt Revenue to Shoreacres: Total Water and Sewer Revenue 180 connections Expenses Net Water and Sewer Revenue Tax'levy of .95 at an estimated 90% collection $ Franchise Taxes Est. ($26.94 x 180) Light, Gas, Tele. . Total Revenue-.a:f-t~r-'Xf-.ater-and,-Sewe.r.-E.x:pense_ ,_.,.$ Shoreacres Portion of Principal and Interest on Bonds in 1971 Available for City Services, not including $ Garbage Pickup that will be qharged for at Shoreacres rates. f!' No cpnsideration has been given to revenue from any ot~er source of revenue excepting Local Utility Franchise. $ 2,768,370 $ 225,432 $ 19,110 8,362 10,748 $ 23,669 4,849 :J~" 26~ __ 15,448 23,818 ir ...;. BAY SHORE MUNICIPAL UTILITY DISTRICT 707 SJ"H;\dy Wiver f'.ioad La Porte, Texas 77571 MI ~~ilTES (Regu]~r Meetin~ Au~ust 1~, 19a5l Supervisors Pr~sent: Staff: C.:t arkS' !Yie.ry'i s l:\:i J:I GII~a 1 t: ~$ey Harc.} d ~.al.lFltj..m Jack Mi '"rane. Ed Tal 1 iC;1et, Gee.rge ,vlahls:t.edt HY$Y$ i...ellJi s Suests: JonY$ ArJ~st.re'Yltl .I;<\.\ddy ~T. acc,bs. Ci:\t.hy tJi;r:s ck - - L PAt..lA Th~ City of La Porte ~NF I.I Be.a)"c Presloe~r,(: Clarke lV:or)'''';,s cii....lecl the" Jleet.:!.yq t.e. e.r"'c:er at I:.$VJ ~.. M.. Mr.. Mitrano Moved that the minutes of ~he last ra~u~a~ meetin~1 July :13., :1988., be approved.. Mr.. "fa:i!ichet. sec.'c'Y$oeCl t.ht' J~;e,',-iC'YI a'fle t.i"le me.t.ie'YI oa5,5,ed l,.IY$aYdme.l,.\sly.. SECURITY REPOR'r; She.reacres Ped :ie-a Ltuef Be.~ Davis r"'ei:\Ort.eCl that jY$ i:l'1e mC'Ylth of Jul y 'chey'e l'~e)"e 34 call s.. Al se... e'YI the te.urt.h e.f JuJ. y t.here lI,1.ere SOf$i',~) firel'JOY'KS, C'c<ll-l\:\laiyrt,s.. l-k:i' pree.eYJt,ed te, 'C.M'" ,Be.ard t.ne rne'l"si:hl y wri't-.t.ewl reoort... :La Pe.rte Area "Jater- Author-i ty; .).e.hn ArmstrOYlg ~ave, th~ l-e.al:"lj iiI repe.rt. e'YJ the :"'a Pe.rte Arem wiiI'cer Atlt.hOr:i. 'toy.. "I h~ Autnc.y-i '.;;.y is i Y~ t.he proe-a5.$ e.f 51.e II i Yll;! $':.~.. 8. mi 11 i e<YJ i Y$ '::'\o~"Ids a'~ r5\ rate e.'f b.. B:-'<'.. The Texas !.Jat.er- Cc:.J~"m:iss.:ic.Y, hiils ,ivE>YI iilppr<.:<val telr selliY"9 <::'5 rdllie<Y~ IIJe.r'i::h of bonds on September ~, l~Bg a~d $4..3 ~~llion to sol~ on Octo~er l1 ~988.. $3..2 r,-,i:.tl:ie'YI cd' t,he $9..8 mi:.tlion IIdl.l be for' tnfa' tr"i1YIUfcl:.\sE,;,on .:mt.! t.n\? c:: i 5:t: r ;il:\ll'C. i e.Y! f Clci 1 i t:y.. .'tjr.. Arms:;:-. rc.y~,:t v.equest.ed 't:;'1Ol'i'c. ',:'.n ~ ;'~o"':\rC; ~a!E,S, ~esC:'::'~,I'\:.:iC'Y'1 ~;.~~:<:~ ,,~hich is;;, t.he t\i:'I'I bL~CX ~.cneC:;u:~e !:::~.:.rtiYJ;;;' .)..1)'.12 :t'3B9 a!l'~C:l IIdll ~e for iYlt.'~re=:i:: i..wlly.. ,"Ir.. ;.3vHillt.r.ey moved t.i"liil'';: 'ch,'? I,:(c,'::lrd p.ass ~escd l,.lt ie,YJ ~~-:::3:... l'r:'y'.. -ra:l:;' j ci"le'~ SE'ce'('$t.ld?CI 'i::he mo';::' i C'YI c',!'"$\: 't,hH Js..ed.: ic.n ~ae.sec \,lnaYdme.usly.. ); &. 0 REPORT; .Vlr.. JV)at'll stedt. reoe.rt,ed e.y~ t,ne jUne'llYlt of !#~ut.!li'1r pllf1lpec; f~"c.m 'i;:he well a~IC:: t.he arne.un't of !;t.ell~a~e t.reat.ed at Gu.i f Ce.as'l: \..saste Disposal Authc:.rj-ty.. f; "i, J;Jal':!e ~ Mr. :V:ahls:.t.ect. e.?er'~e::l the OH:!!:. fe.)"~ c.'l 05,i l-'"~" t.he !:le.nds. fh':?re Ii'~ere 'l;'.i1ree bids. QYJe e....c,.h fY'c:.ri~ ~cDe'YJil"d(j LeoY~s'Crllctie.Y~ CC.\.., l'\u""~:.c:\oa:!. ~Jipe Ser. ano BayTe){ Lel:.'15.trllct.ic'YJ Cc.~ I".r. l'f.ahl!:l.t....c'l:: e';J.el")E:<O t.ne bic::,,:. ..n',o hanclecl t.,-Jei~l t.e. !,Y,r. -:-allic,"let~ IYjr~ -ralliche'\:: y'eq ues:t eel tha'l;'. ..EI be f,iven s::.e':"M~ .,.:irl'li? t.o s::t.uoy t.he 1:.l3!:1s befc.\re he pi ves a r'et:'orMiJey~dat. i e'YJ t(,'\ 'l:he Board. lY:Y'~ ~Vlc.rri5' l.e.:lc; Iv!~"~ -fal:!ichet 'to co t.axe '.;.!'le t:lr::Je he YJeeds ,;,~nc, \ 1at. .the he.art. wi 11 call a 5.:oeci a1 meet. i:.'11;} t.e. act c:.r'J hi IE, recOliJmendat ~ con and t.e. Sll-.lc.'\rd the CeoYftract~ ENGINEERING REPORT; Jim Hutchison pave t~e boaro t~e ~nn:lneriY)c ~eport OY~ t.he Yseli'J wat.er 'faci 1 i ty a't: the "Jell si te~ T:'lE' ~'~""eollY;C ste.rage t.ay~k I.Jill bs 28.b,0(l,0 ;a!lcoYJ5. ..md 3.':3 feet. i~ diame'l::er. The coe.... ..Jill be aopro~imately ~j50,00~. The Board ~ave Jt's a~proval o~ the prelir.-J:\nary cirallll;ing.,;;. i:\nd t.elL:! Mr. I-h.l'tchie.e'YJ te. ccmt.i"'~lIr,;) W..d:i'l 'the f'il''/.a:: c:rali'd l'qs, Li:~ ~c.rt.e Area Wa't:er &-)lltt)etri ty has. seeYJ the ;..1 a:r~s ~l'"~C; Sa"~ r'lel prob:em with them.. tt:r.. :Vlc';"l"is $)as prc.~cosed a !;:,oeciiilj f,!eetil-''H:I e.ol'"~ 'thf'9 $;.4i.;11 C}'>4l1t:I'..lst:, :;9i:l8 fe.r 'j:-,he ouroc.s;;? e.'f aoprc,v:'..).')-i '~,he CCIl'"J'r..ri:\ct. c.y~ t.ne C\c,Y~c:is i:\r.d the fi r'~al drawjn~s of th3 water fC\cili't.y. The bo~ra a~ree~ to t~e B~etinq. 1'REASURER'S RE PORT; JYir'.. j\'.:i. t.rl"Y~O ;ti:\'1e t,hto? "I'rea=-llrew" 50 !~ep.;,.rt. 'c:l rmt?, :1)r. Mi tY'I:\Y~e. y'epcorteci t.1"~e Di st.Y'::' ct hat::. t.ne moY~E:oY "e.1;~ 'I:;he prcoJect.5.:: Surf me'=, :.~,:n::p.r - <$:\ 51lt,. \ZlQ\0; l..C'ij\l'"I$ - $1IZU.t.,. i7.ltl~~; i:<c.\"r.c,\:. :;J(:<\"r.ds - .H:i, ((.00 ~ F b"c-! Ile,=-,art,r~~YH:. C\YJC; beH.:.'\.lt~i ty - ~i is.., <c.l01t. ~ C1:~JCi :r).')f::.ltrat.ioY~ S',:.lldy - $24,((.tZtq.~ I?I:;n.I.iI!':. a ';::<::<'I::ai e.f a;3.'5~,\l'Ill.,(I. e::~l:'. 'c,hi s f Co:: 3. Cl..J:!. "'.L' $451' 0lt'\\t.; AD..TOlJ~NMENT; :ne l)~eet:i YS~t ~dJC~llY'Yf.ed Ii\'t B:. ~,5 iJ. ~"':.. Ayw'J L'....J:.\ \':. ~eco~in; Secretary Hare.ld ~all)=.iJ.an District Secretary J .. · CITY OF LA ~ORTE PHONE (713) 471-5020 . p, O. Box 1115 . LA PORTE. TEXAS 77571 '. ' --.....""L/?-'--L------L--',.--L/'-L~-F ....../7 ......./ '1 .. ,~:-? ../'-"1.-.---.,') /. . .'~ .'. '. ,--,.,-- - ." :"-.... . \..--' . .... " . ...:......~---.:. -- .... - - "- .. .... L . . July 19,1988 Mr. R.C. Morris President BayMUD Board of Supervisors 707 Shady River Road La Porte, TX 77571 Dear Clark: Attached please find the draft letter I received from you in regards to the handling of the two unused Bayshore MUD sewage oxidation ponds. According to Mr. Steve Gillett, Director of Public Works for the City ,of La Porte, the letter is to be addressed to Mr. Eddie'E. Abshire, Water Quality Manager for th~ Texas Water Commission Field Operations in Deer Park. For your convenience, the letter has been retyped and I am returning it to you for your signature and mailing. Should you have any questions, Clark, please do not hesitate to contact Mr. Steve Gillett or myself. Sincerely, G<~ T, ~~ Robert T. Herrera City Manager RTH/psb attachments (2) cc: Steve Gillett, Dtrecto~ of Public Work~ '.9/1 .. . . . July 15, 1988 Mr. Eddie E. Abshire Water Quality Manager Texas Water Commission 1301 Center Street Deer Park, TX 17536 Dear Mr. Abshire: The Ba yshore would like to the hand1 ing ponds. Following our discussion, we have taken samples of the sludge and analyses have been made by a licensed laboratory in Houston (Edna Wood Laboratories, Inc.). A copy of their results has been furnished to you and Mr. Robert T. Herrera, City Manager for the Ci ty of La Porte. There appears to be no problem with tox ic materials in the sludge. ~ Municipal Utility District Board of Supervisors make you .aware of the plan that has been made for of the two unused Bayshore MUD sewage ox iat ion Since the District now has its sewage treated by Gulf Coast Waste Disposal and there is no need for the ponds, the District plans to close them. (In case of an emergency the District has an interconnect with the City of Shoreacres and could use its line.) In view of the proposed imminent annexation of BayMUD by La Porte we would like your agreement with the pond closure plan: (1) Pump supernatant li:quid off ponds to the BayMUD raw sewage line for transport and treatment at the Gulf Coast Waste Disposal plant. (2) Air dry the sludge in place. (3) Push in levees and co-mingle soil with sludge. (4) Cap with a minimum of six inches of soil and crown to drain. (5) Seed and fertilize soil cap for erosion control. We look forward to your agreement. Sincerely, R.C. Morris, President BayMUD Board of Supervisors cc: Mr. Robert T. Herrera, City of La Porte Mr. Stephen Gillett, City of La Porte Dr. Dick Gregg, Attorney Busch Hutchison and Associat~~ fe,' .~ BayMUD Board of Supervisors La'\ .......".' .~ ;... Mr. Ro City 0 City Ha La Porte, Texas 77571 ...' . June lQ, 1988 Dear Bob: ~~ (?r-, o-J ~ ~e-.) ~ ~ ,~ ~,~ ,~, ~ ~ b ("'l"') C6~ \s The Bayshore Municipal Utility District Board of Supervisors would like to make you aware of the plan that has been made for the handling of the two unused Bayshore MUD sewage oxidation ponds. Following discussions with: Mr. Eddie E. Abshire, Water Quality Manager Texas Water Commission 1301 Center St., Deer Park, Texas 77536 we have taken samples of the sludge and analyses have been made by a licensed laboratory in Houston (Edna Wood Laboratories, Inc.). A copy of their results has been furnished to you and Mr. Abshire. There appears to be no problem with toxic materials in the sludge. Since the District now has its sewage treated by Gulf Coast Waste Disposal and there is no need for the ponds, the District plans to close them. (In case of an emergency the District has an interconnect with the City of Shoreacres and could use its line.) In view of the proposed imminent annexation of BayMUD by La Porte we would like your agreement with the pond closure plan: (1) Pump supernatant liquid off ponds to the BayMUD raw sewage line for transport and treatment at the Gulf Coast Waste Disposal plant. (2) Air dry the sludge in place. (3) Push in levees and co-mingle soil with sludge. (~) Cap with a minumum of six inches of soil and crown to drain. (5) Seed and fertilize soil cap for erosion control. We look forward to your agreement. Sincerely yours, R, C. Morris, President BayMUD Board of Supervisors cc: Mr. Eddie E, Abshire, Texas Water Commission Mr. Stephen Gillette, City of La Porte Mr. Dick Gregg, Attorney Busch Hutchison and 'Associates BayMUD Board of Supervisors ~fJJw&cilO[][)f)wd8 .',., .. ~ e U~( {J. TRIP I AT I DATE .c- 6-?~-o~ ~ ~ __SIGNED rfd4x/ DATE I SIGNED ~1=alM, 45 469 POLY flAK (SO SETS) 4P 469 SEND PARTS 1 AND 3 INTAO . PART 3 WILL BE RETURNED WITH REPLY. carbon/ess /3,;; ~5,500 - unforeseen expenses, infiltration ~~,~ studies, repair of sewer lines. $150,000 - new surface water facilities (est, cost) 100,000 - payoff private loan on January 1, 1989* ~5,OOO - payment on outstanding bonds le,OOO - reclaiming oxidation ponds (est. cost) -------- $~~,OOO The Board agreed to the following expendit~res: Since the bids differed in how certain charges were made; i.e., charges for fill made by the truck load or compacted in place, the bids were tabled for further study. This study will be completed by August 2~ so that at the special meeting the job can be awarded to the proper contractor. All bidders have told us that they are ready to start promptl y. ~ ~ '-Y"~" ~ +.h.c,...t ~ (.0-(7 \a. '" c.1~ ~ W\\\ ~~ ()oOtV"'It\~ - ~\'i~- ~ ~ . (3) 'The attached monthly report shows that on July 31, 1988 the Bayshore Municipal Utility District had a closing balance of $35~,155.60. $ll,300 18,565 20,1,lr1l MPS Bay Tex McDonnell (2) The Board opened bids for reclaiming the sewage oxidation ponds that are no longer in use. The bids received were: Busch Hutchison expects to have specifications for this project ready in about seven to ten days, The Board will meet in a special session on Wednesday, August 21,lr, to authorize Busch Hutchison to proceed with securing bids. (1) The Supervisors approved the plans prepared by Busch Hutchison and Associates for the new surface water facili- ties to be installed on land recently purchased by the District. The proper departments of the City of La Porte have also examined these plans and have no suggestions for changes. At its regularly scheduled meeting on Wednesday, August 10, 1988, the Board of Supervisors of the Bayshore Municipal Utility District agreed to the following: Dear Bob: Mr. Robert T. Herrera, City Manager City of La Porte City Hall La Porte, Texas 77571 August 11, 1988 -.J:) t? q V--r- i ~\5/.~ . . .f ( I . I , ~ ~ . . 2 *This private loan will not be paid off until January 1, 1988, and is being kept on hand to serve as a contingency fund in the event the District is subjected to a major problem. The BayMUD Board of Supervisors has now committed itself to move promptly to have facilities ready for surface water and to reclaiming the land where the oxidation ponds now exist. Money is currently available to pay for these projects. The August 2~th date for a special meeting of the Board was selected to coordinate the District's commitments with a pending action by the La Porte City Council on August 22 to annex the area. Sincerely yours, R. C. Morris " President BayMUD Board of Supervisors cc: BayMUD Board of Supervisors BayMUD Civic Association Presidents Mr. Dick Gregg, Attorney . . BAYSHORE MUNICIPAL UTILITY DISTRICT 707 SHADY RIVER ROAD LA PORTE, TEXAS 77571 (713) 471-5205 CASH DISBURSEMENTS FROM M & 0 #013-540 August 1, 1988, Texas Employment Commission Payroll Houston Lighting and Power Gulf Coast Waste Disposal Authority 76.80 1,490.00 1,567.46 4,264.88 August 15, 1988 Payroll W/H The Rohan Company Certified Laboratories Layne Texas INSCO Industrial Air Tool Jordan Services Howard's Hardware Moore Office Supply Entex Dixie Chemical South~estern Bell T. L. Walker Bearing County Clerk Carla Co. B. B. Hanson Terminations Bill Mc Donald Construction Co. MPS Gregg, Mieszhuc and Pollard 11585.00 275.00 87.90 21.32 152.10 59.51 188.00 250.20 18.12 106.85 15.66 63.95 103 . 57 109 .50 3.00 120.00 79.50 299.62 218.00 50.00 430.50 11 ,636.44 CASH DISBURSEMENTS FROM MAINTENANCE TAX #070-995 The City of Shoreacres - Security 2,750.00 CASH DISBURSEMENTS FROM AD VALOREM TAX #092-635 Harris County Appraisal District 28.96 . . S!lcc/"I v (If/-d" f - 21- ff/ lid' oAl 5f,~ ~~ V ~j. P/li~)- +- /IJ tfD'u ) i I ~ dlrl J ~ z.o I tN"f/ w,)l /Vrr~eL .h, -/j-,6w-/fl7f j;r:/s;, . - BAYSHORE MUNICIPAL UTILITY DISTRICT REPORT OF THE TAX ASSESSOR COllECTOR For the Month of JULY 1988 Assessecl Valuation for year - 1987-88 Assessed Value added Correction Rolls Assessed Value added - Supplemental Rolls less Cancellations to date Assessed roll as of this report Current tax levy at $ 0.378 Current collections to date Total Collections Delinquent tax roll, beginning of fiscal year Delinquent tax roll, as of 1st of this month Delinquent taxes received Delinquent tax levy added CanCE!l1 ati ons , Delinquent tax roll, at end of month Pena 1 ty , Interest This ,Month Total Fiscal Year to Date 38,221,120.00 -0- 3,000.00 -0- 2,817,640.00 -0- 96,930.00 40,944,830.00 154,771.46 745,38 149,658.17 - 96,' 1,294,16 158,100.~2 -102, 12,292.75 10,083,18 396,49 6,061.04 -0- 3,535.83 -0- 80.85 9,686.69 9,686.69 31. 71 582.92 120.58 1,798.39 I, George H, Sharp Jr" Tax Assessor Collector of the Bayshore Municipal Utility'District, do solemnly . . swear that the above collection report is true and correct to the bes f my knowledge and belief. Section 31,10 (A) Property Tax Code -. . - BAYSHORE MUNICIPAL UTILITY DISTRICT 707 SHADY RIVER ROAD LA PORTE, TEXAS 77571 (713) 471.5205 JULY 1, 1988 - OPENING BALANCES - ALL ACCOUNTS Citicorp 72,000.00 Bayshore Bank Money Mgrnt. M & 0 Acct. #013-540 5~j, 259 .46 Bayshore BatiK Petty Cash M & 0 Acct. #079-459 253.39 Bayshore Bank Money Mgmt. Debt Service Acct. #092-635 72,949.56 Bayshore Bank Money Mgmt. M & 0 Tax Acct. #070-995 137,779.37 338,241.78 , '. 338,241.78 . - BAYSHORE MUNICIPAL UTILITY DISTRICT 707 SHADY RIVER ROAD LA PORTE, TEXAS 77571 (713) 471-5205 GENERAL FUND - MAINTENANCE & OPERATIONS M & 0 #013-540 M & '0 #079-459 M & 0 REVENUES W/S Revenues Interest Service Charges New Account Fees Water Deposits CASH DISBURSEMENTS FROM ACCT. #079-549 Mowing C. E Couch M.D. (George Hornet string) Postmaster Bank Service Charge , CASH DISBURSEMENTS FROM ACCT. #013-540 Payroll W/H Gulf Coast Waste Disposal Authority Houston Lighting and Power Carla Co, - Rent Southwestern Bell Entex Howard's Hardware B. B. Hanson - Mowing MOore Office Supply County Clerk Jordan Industries Corrostabil USA, Inc. Dixie Chemical Petty Cash Acct. #079-459 Layne Texas U OF H Law Library Bayshore Sun Tool Center of Texas Ccmpton's Flower Drum T. L. Walker Bearing Galveston County Health Department ;;5,259.46 253.39 55,512.85 27,879.95 277.24 20.00 '.5.00 :375.00 28,577.19 20.00 55.00 25.00 4.78 104.78 2,631.00 279.00 4,085.35 1,517.83 120.00 93.48 14.26 156.91 '. 74.75 1.40 3.00 667.20 139.75 50.45 306.61 52.87 6.55 211.11 46.00 44.41 411.24 36.00 55,512.85 28,577.19 -104.78 . . ~ BAYSHORE MUNICIPAL UTILITY DISTRICT 707 SHADY RIVER ROAD LA PORTE, TEXAS 77S71 (713) ~71.S20S Ea Porte Rent-all Bill McDonald Construction Co, G~lf Coast Chlorinators Kopy Kid MPS Pump & Powe.r; Equip. Gregg, Mieszhuc & Pollard Tex-Pack Rockwell International Advanced Security Petty Cash Postmaster Bank Transaction Fee 90.00 242.07 161.82 28.50 150.00 45.75 318.25 9.40 741.61 80.00 50.00 300~00 2.00 13,168.57 CLOSING BALANCES JULY 31, 1988 - ALL M & 0 ACCOUNTS M & 0 #013-540 M & 0 #079-459 70,668.08 455.22 71,123.30 , .... -13,168.57 71 , 123.30 . e BAYSHORE MUNICIPAL UTILITY DISTRICT 707 SHADY RIVER ROAD LA PORTE, TEXAS 77571 (713) 471-5205 DEBT SERVICE JULY 1, 1988 - OPENING BALANCES Citicorp #090-635 #070-995 72,000.00 72,949.56 137,779.37 282,728.93 282,728.93 INCOME Interest #092-635 3]9.45 Interest #070-995 586.24 905.69 905.69 Transfer from #013-540 to #070-995 9,000.00 CASH DISBURSEMENTS M & 0 Taxes Bill Harris - Interest 1,852.32 , The City of Shoreacres 2,750.00 Shoreacres VFD 5,000.00 9,602.32 -9,602.32 CLOSING BALANCES - July 31, 1988 Citicorp 72,000.00 DE!bt Service Acct. #092-635 73,269.01 Ma.intenance Tax Acct. #070-995 137,763.27 283,032.30 ". 283,032.30 BREAKDOWN OF FUNDS IN ACCOUNT #070-995 Maintenance Tax Fund Harris Loan 39,521.27 Harris' Bay Colony Pipeline Loan 44,403.00 Taxes 53,855.10 137,763.29 137,763.29 . . 'i BAYSHORE MUNICIPAL UTILITY DISTRICT 707 SHADY RIVER ROAD LA PORTE, TEXAS 77571 (713) 471.5205 CLOSING BALANCES - ALL ACCOUNTS - JULY 31, 1988 Citicorp 72,000.00 Bayshore Bank Money Mgmt. M & 0 Acct. #013-540 70,668.08 Bayshore Bank Petty Cash M & 0 Acct. #079-459 455.22 Bayshore Bank Money Mgmt. Debt Service Acct. #092-635 73,269.01 Bayshore Bank Money Mgmt. M & 0 Tax Acct. #070-995 137,763.29 354,155.60 " 354,155.60 . . SA YSHORE MUNICIPAL UTILITY DISTRICT 707 SHADY RIVER ROAD LA PORTE, TEXAS 77571 (713) 471.5205 INCOME STATEMENT M'& 0 REVENUES 28,577.19 CASH DISBURSEMENTS 13,168.57 .15,408.62 INCOME 15,408.62 '. I " It ;J , ;; e u.s. Department of Justice Civil Rights Division WBR:MAP: PAR: ivp D~r 166-012-3 W:~082 ~10X W. Askins, Esq. p" O. Box l218 La Porte, Texas 77571-12l8, DE~ar Mr. Askins: Vmil/g S('cliUI/ P,O, Box 66/28 Wasllil/gtlJll. D, C. 20035-6/28 July 22, 1988 This refers to the procedures for conducting the May 7, 1988, rE~ferendum election and bilingual election procedures for the Bayshore Municipal utility District in Harris County, Texas, submitted to the Attorney General pursuant to Section 5 of the V()ting Rights Act of 1965, as amended, 42 U.S.C. 1973c. We received y()ur submission on May 23, 1988. The Attorney General does not interpose any objections to the changes in question. However, we feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that the failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the enforcement of such changes. SE~e the Procedures for the Administration of Section 5 (28 C.F.R. 51.41). ~J ... r' ~ l!! c:;;>>- ~ f.... ~ ;., 0 ~ ~I W i. ::::) o w a: -'.... \' .~~ ~ -,. 0> c ~ or'"" a:: W :)', ~" < ~ Q: ~ c ~El "'" :::> W ~ a:: a:: ~ , l f :J-' 0 < ~ 0 ~ -~ c c a:: ~;:) CL !!! ')i < Z CL a::.... W > '':--''::\ ~ ~ ~ f? ~ ~ l;rnOO -gOO~O !! ~ . ~ Sincerely, Wm. Bradford Reynolds Assistant Attorney General civil Rights Division By: ;;e/~~ ~Gerald W. Jones . Chief, Voting Section f 7:..., I' -" f SA Y.ORE MUNICIPAL UTILITY DIST.T 707 SHADY RIVER ROAD LA PORTE. TEXAS 77571 ~;,,',t(J lo'lLt.-,{L' ry"" pr.;CE~VED JUL ~,~ J 1988 July 15, 1988 Mr. Eddie E. Abshire Water Quality Manager Texas Water Commission 1301 Centef St~eet Deer Park, TX 77536 Dear Mr. Abshire: The Bayshore \.]tjuld like to the handling ponds. Fo11~wing our discussion, we have taken samples of the sludge and analyses have been made by a licensed laboratory in Houston (Edna Wood Laboratories, Inc.). A copy of their results has been furnished to you and Mr. Robert T. Herrera, City Manager for the C:ity of La Porte. There appears to be no problem with toxic materials in the sludge. Municipal Utility District Board of Supervisors make you ,aware of the plan that has been made for of the two unused Bayshore MUD sewage oxiation Since the District now has its sewage treated by Gulf Coast Waste Disposal and there is no need for the ponds, the District plans to close them. (In case of an emergency the District has an intercDnnect with the City of Shoreacres and could use its line.) , In view of the proposed imminent annexation of BayMUD by La Porte we would 'like your agreement with the pond closure plan: ('I) Pump supernatant liquid off ponds to the BayMUD raw sewage line for transport and treatment at the Gulf Coast Waste Disposal plant. (2) Air dry the sludge in place. (3) Push in levees and co-mingle soil with sludge. (1~) Cap with a minimum of six inches of soil and crown to drain. (5) Seed and fertilize soil cap for erosion control. " We look forward to your agreement. Sincerely, !teLtL~ . , R.C. Morris, President BayMUD Board of Supervisors co: Mr. Robert T. Herrera, City of La Porte Mr. Stephen Gillett, City of La Porte Dr. Dick Gregg, Attorney Busch Hutchison and Associates BayMUD Board of Supervisors (,:::Ii R: ."Z.... e .pl~ ~ ....~."... r=::r :J)ayMUD's blues, La Porte, Shoreacres vie to annex Galveston Bay portant because La Porte bas the resources to replace deteriorating BayMUD water and sewer lines and I a water weU which have cost Bay. MUD up to $73,000 since 1983. Tbe 506-acre BayMUD also must convert . to surface water by a state-man- dated 1990 deadline. she said. "By the time you take everything Into consideration, It would cost me more to live In BayMUD now than It ,would to live In La Porte," Lewis said. I She said the annexation probably would not result In higber taxes because La Porte would benefit from BayMUD's $40 million annual' tax base without burdening city ser. vices. The average BayMUD residential water bill ia $50, including sewage: the average monthly bill for trash pickup from private firms is $12. BayMUD has a $33,000 annual con. tract for police patrols with the city of Shoreacres; the district donates $15,000 a year to the Shoreacres Volunteer Fire Department for fire service and $5,000 a year to the Clear Lake Emergency Medical Corps for ambulance service. The average residential blll for , .' , Beny Tlchlc:h monthly water-sewer service In La , ".", ' , .. , , " . Porte is about $40, which includes a Ann Lewis is office manager at Bayshore MUniCipal Utility Dls~nct. $7.50 fee for trash pickup. . ,', h'" ,..., . ", . , . _ BayMUD's property tall rate is 38 cents per $100 valuation, compared wIth La Porte's 66 cents. '. John Albanese, manager of admIn- Istrative servIces for a chemical company, said the level of services provided by Shoreacres has been poor., , 'j-:, '. "La Porte has top-notch city ser-, vices. They're'the dominating town In the area, and I'd like to have a vote on what they'U be doing In the . future," Albanese said. "'!\ , :, ShortlBcres Mayor Bill James said . the annentlon would bave little immediate economic consequences , for his town. Shoreacres would be ,landlocked by La Porte, Galveston Bay and Pasadena under the annell' ation, he said., ' ':'~:-' Gwaltney predicted that Sho- , reacres would disincorporate and be annexed by La Porte by 1990. :;" , ' :, A former Shoreacres admlnistra. study the ballot. and we hlri!d a ". tlon unsuccessfully tried to annex , Bay MUD in 1981. Several BayMUD security guard to pick up the (absen. residents claimed they were blind. tee) ~lIots in a sealed box and store sided, and bad blood lingers. ' them In a La Porte State Bank fault J be' ' th tate Le . It' every night" ' ust ,ore e s gls a ure s . session ended that year, lawmakers Meanwhile, La Porte officials are adopted a bill aUowlng Shoreacres to studying the annexation's imp.act on annex BayMUD. ..: . ~ P~rte and BayMUD residents,. ,The annexation maneuver failed In~ludmg whe,ther taxes wouid be. after Gov, Bill Clements, bowing to a , raised, ~. t, ' . . letter.writlng campaign by Bay. "The citizens of BayMUD Initiated MUD residents, vetoed the bill. the referendum," La Porte spokes.' , As a redemptive measure In 1982 woman Janie Bals said. "But most the 'Legislature passed House Bili cities ,~nerally want to grow. W~'re 146 which empowered BayMUD's not gomg to turn our heads agamst board to call an annexation referen- progress if that's what the study duni and La Porte lost its first shows. A declsi~n will be based on chan~ to annex BayMUD the next the study, not ,because Shoreacres year when voters went to the polls disagrees.". and defeated the proposal by &7 City Manager Bob Herrera plans ~otes. .,: , .' to recommend a course of action for 'BOth sides now agree that little City Council in August, but the city', can be done to block the annexation. already has notified the U.s. Justice "We're twice as big as Shoreacres Department of a 'possible annex., and they feel they can do what they atlon, Bais said. want to us, Well. we don't feel that Lewis said the annexation Is 1m- way," Lewis said. I ~ ( Page 2. Section 3 I .- I Houston Chronicle Sunday, June 26, 1988 ,ilw BILL DISESSA Houslon Chronicle .:... .;. ,: For 25 years, residents of a Galves. ton Bay hideaway have jealously guarded their shady streets, stately ,homes and balmy seascapes like a ,big cat protecting ils kill. :, The Bayshore Municipal Utility District. created by the state Legis. lature in 1962, mostly has remained a :sleepy hamlet - free of big-city 'outsiders - because of a drab name that belies Its charms, because of Its 'Cloistered location in far southeast .Harris County and because of a low. ,"profile leadership, :. :.. :' But now; the freshwater utility district's board of supervisors has; ; :declded to hand over Its future to j ,outside Interests, sparking unrest' 'I 'among residents and setting off 'a ,-' battle over which nearby city should t win the prize. :, ',: I :: The five-member board 'favors "I ceding BayMUD, an unincorporated . area' within the extraterritorial ju. ' r'lsdlctlon of the city of:Shoreacres, (0 anotber municipal neighbor, the city of La Porte. population 23.000. , ': The board would break up if It succeeds and Shoreacres, population '1,400. would find itself hemmed In by ,La Porte and Pasadena, with no iwm for expansion - Itself vulnera. ,ble to future annexation. - , ~ "Some people wanted us to go to 'Shoreacres, I had reservations about 'going either way. I kind of like our bedroom community, but it'll be a little less expensive to live in La Porte. If you look at it, it's the ,intelligent thing to do," board'mem. ber Bill'Gwaltney said. . :. BayMUD. population 2.300. con. Ets of two tracts on the west side of alveston Bay, one along the north. boundary ,of Shoreacres and the other on the south, The northern \i'act Is ,bounded by McCabe Street ,on the nortb, and butts up against talveston Bay, It is just south of the Ility of La Porte. The southern tract' lJlso butts up against Galveston Bay and extends south to the Bayport Q1annel. ' ' . Townsfolk have split on La Porte's 8'nnexation of BayMUD. ' ' r '''Tbey may be sorry they ever messed with me because I'm not going to give up without a fight," said , that Ba,yMU,D and Shoreac~es voters , Jan Stevenson, who owns a mobile were,glven madequate ,nollce of !he home park in BayMUD. 'election, The annexa.tlon quesllon , Stevenson said BayMUD's annex. was not on the ballot m La Porte. ation would jeopardize ber 22 mobile "We're a small, bedroom commu. homes, Although La Porte likely nity and we're not as alert as we would accept Stevenson's county. should have been:'. Davis ,said. "If issued operating permits in a progress means brmglng m, heavy "grandfather" clause, city zoning or- Industrial equipment. then I guess dlnances later would bar her from you could say we're against prog. replacing a home heavily damaged ress," or destroyed in a fire or hurricane, She also cited several other "irreg. Supporters of the annexatioo say ularities," including a confusing bi. 'BayMUD's residents would enjoy lingual ballot, an election judge em. beller emergency care and water- ployed part-time by BayMUD and an sewer service. while critics fear the absentee ballot box kept in Bay. move would spur disruptive con. MUD's office before the election, ~truction of rural areas. as well ,as Shoreacres City Attorney Les Ror. mcreased properly taxes and m- ick said City Council has instructed creased water-sewer rates for La him to look into the possibility of a rorte and ,BayM!JD hom~wner:" lawsuit contesting the election. , Also at Issue m the dispute IS a . " May 7 referendum, called by the, Ann LeWIS. BayMUD s o,fflce .~an' ~yMUD board. In which the annex. ager, called the complamts sour ation proposal passed by a vote of grapes. 438 to 304. "We had bilingual education teach- , Dr. Caroline Davis complained e~ from the La Porte school district .' B \ h~d) , 1 eaway '. , J.. ,".. ,,~' " ~. -. ',' . Post pholo by .18 Slricklloln ,~~vshore lIIIunlclpal, Utility Disttlct's Ann Lewis ponders prospective annexation outside her offi~ at 707 Shady River. ';: ;.:;~, . I..'." CommunitY. would be surrounded ',..~~,; .:t~<, . La P<<:>>r1e' annexation plan 'worries Sho'reacres \ ' own, but what the future holds is uncertain. We take it a year at a time." " Lewis said the cosily prospect of having to overhaul Bayshore's sewer lines pushed the MUD into seeking the merger. It's the kind of problem Jhat Shoreacres and every other mu- nicipality and utility dislrict will face in time. She said the strain is greater on MUDs than on the small cities. ' ' "You just can't hanlly survive these days," Lewis said, "We need all of our sewer lines fixed, and we can't get grants and such to help out because we're a MUD and not a municipal- ity," . . ' . Bayshore'residents also wanted to become part of La Porte because manr of them work, shop and go to school in the CIty "and want to become a part 01 it," she said. "The people here have absolutely no say in what goes on in La Porte city government, yet it allects us all," Lewis said, "Plus, La Portlfis a zoned city, and people here would like that protection." Noneth,less, support for the annexation was hardly overwhelmlOg, It took two special elec. tions before residents approved the plan. . Residents of bq,th Bayshore MUD and Shor. eacres voted in the elections. The plan was defeated by a vote of 323-226 in 1983, ' Then on May' 7, the annexation was ap- proved 438-304, Almost 40 percent of the vote favoring the plan came from absentee ballot' ing, I , Because the absentee ballot box was located in the Bayshore MUD office, some residents who opposed the annexation cried foul. "We've been steamrolled," said Carolyn Da- vis, who helped organize an informal commit- tee to fighl the annexation. ' Davis and others said they believe Bayshore MUD and La Porte city officials deceived MUD residents inlo thinking they would be beller 011 illhey were annexed, "Huh, I don'l think that's going to be the case at all," Davis said. Responded Lewis, "We did everything by the book. I knew we were going to have prob- lems and objections from certain people, so we ' were very careful 10 make sure nothing im. proper happened," Lewis said the absentee vote was so high because she and olher MUD officials worked hard to get a heavy absenlee turnout. "What's wrong with that7" she asked. Shoreacres residents voted againsl the plan by a 3-to-1 margin, bul were greatly outnum. bered by volers in Bayshore, according to Lew. is. \ She said that neither she nor any other MUD ollicial wants to see extra pressure to merge with La Porte placed on Shoreaaes because of the annexation. \ "We are doing what's best for',ls,llnd Ihey have to do what's best for them," Lewis said, Shoreacres residenl Mike McCrann said some people in his community can't help but fear La Porte would like to take over their town. \ "Uown the road, they probably want every- thinll," he said, ... "I don't have anything against La Porte" McGrann said, "I didn't buy my home ther~, thollgh, I bought it in Shoreacres. and I'd like it to slay ShoreacFes," , . ... ... z :; .. ... " '. .. . ~ ;. .. ,. .. .. .. .. .. .. .. .. .. .. ... ... ~ ~ ~ ;> t By John Gnnds POST POIJ1\CAL "'RmR " its unique annexation plan is achieved, the f city of La Porte wiD split inlo two pieces, all but surrounding Ule neighboring city of Shor. eacres. Some Shorellcres residents say they lear the annexation ultimately could help cause the de- ;:!_ mise of Iheir community as an independenl city by forcing a merger with La Porte, ,~ What normaUy would be a tedious and tech- ~.;. .. nical exercise ;.0 municipal planning is evolv- -. : ing in some ways as a case study of the survival I :: ~ of Ihe lillesl among small cities and utility dis- :. .'tricts. I:: The annexalion of lhe Bayshore Municipal ~ '.. Utility District - s\ill awailing final approvaJ ~ from the La PO:1e City Council and a revIew by ?- - the U,S, Justice Department - would move La :i Porte's bound..ry soulh to a point where it ,~ abuts Shoreac",s' northern boundary. -: Bayshore MlID ollicials desperately want the . annexation because they believe 'hey can't al- ford to continul! operating, and maintaininglhe deteriorating water and sewer syslem, Caring for Ihe system would become La Porte's re- sponsibility il dIe annexation goes through.. ." The.novel aspect of Ihe annexation, which Is o posed by SllJreacres city ollicials, is ,hat it ' would include a narrow residential strip djoining a portion of the southern boundary of Shoreacres, In ellect, Ihr annexation would create two La Portes on ei':her side of Shoreacres. Stale law prohibits cities from annexing only portions of municipal utility districts, and be- cause the Bayshore MUD was created in two pieces, La POrtl! will have 10 take or leave the whole thing, Slate law alse. prohibits annexations 01 areas that are not contiguous wilh Ihe city seeking to expand its limi:., but La Porte and Bayshore MUD oflicials "on a special exemption from the Legislature, n 1983. The challeng" for La Porte in the annexation will be 10 provide services to ils detached seg- ment to the south, Its currenl population of about 24,000 WJuld grow by about 3,000 wilh Ihe addition of Ilayshore MUD, The problem for Shoreacres, population 1,200, will be ils ability 10 survive as an inde- pendent municipality in the lace of inevilable financial and pclitical pressures to merge with La Porte, "'I's gelling :0 be where a Iillle lown just can'l make it on ils own anymore," La Porte Mayor Norman \lalone said, Malone knows firsthand, Until 1980, he was mayor 01 LomBJ:, a lown of about 1,100 neigh- boring La Porte, Lomax exists no more, Due primarily to the economic pressures of providing services, it disincorporated and became part of La Porte, ". loved thatlillle old town," Malone said, "We're just a subdivision now," But he expr.!SSed no regrets, calling the merger with La Porte "the beslthing thai ever happened to Lo nax," "The very ne:lt day after Ihe annexation was approved, we hid our lirsl full-time fireman," Malone said. Since then, Lomax residents have enjoyed a level 01 service Ihey never would have had wilhoLllhe melller, he said, He said he e.pecled no major difficullies in ~: i . ~ : : .. ~ ~ .;: ~: .' .' ~ " :;. .i~::ES ttr~mmfr: ~5 . :;:~;~:~:~;r~:r~ , , : .' ":'~:i:W~f;~~:~ . '::::::::::::f::~~:" 1,' ,:::::::;:;" , '. >'..'~~~ 'T'::,. :~?;E.!~~::;:;;;;ii~j . 'Posl map providing service to the Bayshore MUD areas, allhoullh there apparently will be some prob- lems ID providing garbage pickup because some slreels are too narrow for La Porte's trocks, , Allhough Malone stressed he would support laking over Shoreacres only if residents Ihere requested it, he said he believes such a move would be as good lor Shoreacres as it was for Lomax, But many Shoreacres residenls like their sovereignty and intend to protect iI. Mayor Bill James said it is bad enough to face losing lhe residential strip just south 01 the Shoreacres city limits to La Porte, "YOII just hate 10 lose any part of what you consider your city," he said, Shoreacres made annexation overtures to Bayshore MUD, but Ano Lewis, Ihe district's ollice manager, said residents lellthey would get beller services if Iheir neighborhoods be. came part of La Porte, II James has his way, the residential slrip will stay flBrt 01 Shoreacres' back yard and La Porte s southern limits will stay right where they are now - several blocks north of Shor- eacres, James said he's not about to concede Ihat his tiny town wilh a tiny lax base - it has no retail establishments, not even a convenience slore - one day will have to merge with La Porte. But when pressed, James all bul echoed Ma. lone's sentiments on the lulure of small towns in general and conceded there's no guarantee Shoreacres will be able to continue meeting the ever-escalating cost of providing services, "Smaller cities now are having a harder time making ends meet all Ihe lime," James said, "We're in good shape now and ahle 10 hold ollr --\I I*:Jv.slon RJ.:st- A(tmcidGt / ~ 2~ Iq~ .' , I ;~,~ -. - I ., . I .'j .., .:; . a 0 .... I ". ~, . . . . . . . : : ~ ~ ! . ~ 1 I L . It. '. '. ". . . , 1",,::.. _ ;4 '1,~..~IJ:. ...~~. e ehr.t7n/~ /1 A(rm. June, 2 7/ 19~ IItJrb'6n '" " t I ", . :~La Porte hires law firm " ~to stop .il!~iil~~ti~~pl~,; , I ., BILL DISESSA " .. Reid Elementary School is about a Houston Chronicle, ," '.' mile from the proposed incinerator, ;; "'.-:: in the Bayport' Industrial District, _ ' .' .. ~ '. ' , , . and the nearest homes are less than :The city of La Porte'is mounting Ii ~ mile awa)'. ,. .,;' ',:' ~gal attack against a controversial,,' ",::' ..", .ei.,' ';" ,.' plan to burn hazardous wastes near' 'Ia '. May 7' non-binding referen-' Ii'omes and three public schools, city, dum, La Porte residents voted 1,347 9J,ficials said. to.m in favor of government inter- ::'The citizens made it known' that vention of Houston Chemical Ser- , : tIJ~y wanted the city to do some- vi~" applic~tion. , , 'I ; : \~lng," city spo,keswoman. ~ani~ ~a~s:_: " Council last August passed ~ non- t ~ld, " ' " ", binding anti-incineration resolution, : ~;Jlais said City Council has hired' 'citing concerns over possible long- tile ~ustin law firm of Lloyd, Gosse- " term health '~ffects and the plant link, 'Ryan &: Fowler to ,file legal ~ site's' proximity to residents and : ilJpers asking federal and state ' schoolchildren.' ' . a-gencies to deny Hou~to~ Chemical . '..",. , ' ~rvices Inc.'s application to build a:', Houston Chemical ,Services" offi- $32 million incineration plant aUhe cials said their plan to burn oils, cU~ Quaker Oats Co, site on Bay Park, solvents and other organic wastes is l!.9ad. ; . '. '... ' .' .:..' safe and virtually odo~less., , ' - .,; . .~.;. '.. . I . , Mostareitvehlele' thefts lead:, : io'cho,..shops;~ oft.'icialS' say; .. = ";. ',"". ~ ' .,~ . . .- " '. : :, -:prime of, the week is a weekly': . cars that are stolen and never recov- feature about major ,unsolved e~ed. /', ',;' .':. I . , ef.Imes in the Houston area and a ' Thieves drive around looking for a Emrt ~f the Crime, Stoppers :of specific type of car; generally' a AOuston program. '. " ' ',' " ;,,' popular model and often a sports ::rhe number of stolen carS hI the/ car. Once located, the thief breaks apuston area is .' /",,:', into the vehicle, "hot wires" the car ofogreatconcern '., ... to ,start it and heads for what police (Q law enforce- '.'calla "C;hop-shop." , ..',,',: Q1~nt officers, , .' . -At the chop-shop, the car is disas- ~ ~ell as the sembled and the parts are sold,. o:wners: Wh~t ' " leaving no way to trace the car or its toJlows IS a typl- owner. Police believe there are sev- cal example of , eral of these chop-shop operations in such a case; .', . Houston that are responsible for the =Feb. 24 a man 6\..'- R:j: theft of hundreds of cars. .". cfi.ove his car ~ 'Opp~ ' Cri,me Stoppers will pay $1;000 for ono a parking. .' ::, information leading to the arrest and Jut in the 5300 ': ;. .,' .' . subsequent charges against the peo- 6IOck of Antoine " , ,,' ~,; . pie responsible for this crime. Those I)'.five, He parked his gray 1983 Ca- having info~ation ~ay call 222- quaro, license 531-JQB, locked the rIPS. Tbey Will remain anonymous. dOOrs and went into the shopping Crime Stoppers also pays cash tenter. When he returned about rewards for information leading to' tJlree hours later, his car was gone. the solution of any felony crime. Police believe they know what-hap- Callers' identities in those cases .wilI pene~ to his, and hundreds of other' also remain secret. " ;':, ... - " , , . . . , . .. '; . = . . .,"}' . :-.., ~- :: Getting around Houston :' ',' \ . "~:::, - I = This column provides information o~ activities affecting travel by private . . ",' . . .'", :... u.._ ..................."'" ......ft~ C'""p """,.....". ,"fnrmAtinn t:AII e" ~~~~~ ;,~~. MiEXPERT:,WASH;+Bf" 'r' ~:~:'::":"',.,:",R;i"'AP:'" PRAI""AY"':O' IbL :'~::-""''''''''-' ~ '~ -.: ~:':':;'~::' ,.,~ FREE estimate~ . ~l "I " . Padding for all situatio ' ,i 'oet C1l}ak <iallell . 2012 frj~~~~~~. ' '.,} "", .j - ' "N ,: erve ::Can.B .1 ,~::ii':':: ,~ ;} ,~,> ~ Sears " canal aid this is all you wear. , ..' '.:Avoid wai ':SEAlFI '. ,..... '" . ' ,Houston , ':' :4,2015. Main 5treet,' , 527-2205 ',' .. ';':." 0'" .... ( (. '" e I I I ; i i i I I , I i ,- I I i ! ! i ! \ I I , ! 1 , I ! -- ~-_. - - -_._-- .------.. --_. DATE 7-6-88 someone from the The -- ..-".. .".-" "'-'---~ ,- -_.__.._--_.~_.- -- .------ -~ --- --.----- ---- AT ----.---- '-' --_.._-,- .- ---- _. ~ -.. --- ----- ,- Bob Herrera SUBJECT Surface Water /IPAWA infonn you that a meeting requested that surface water. --- ---- ~tL TO would be held Wednesday,July 13, p.m. He City of La. Porte should be there to give a presentation regarding meeting will be held at office ,S~~y_ . Steve Gillett I ., I 1988 @ 7:30 BayMJD i I I i , , I I I ! i I ! I i I I I I I I i Ba: Please note that Mr. ~rris, the SIGNED A' - _.. - 1I:i11U'1b11D1U710(S3gs ,-, -, - ----... -' SEND PARTS 1 AND 3 INTAO . PART 3 WILL BE RETURNED WITH REPLY. DATE ~FORM, 45 469 POLY PAK (50 SETS) 4P 469 ~ . f'I\\A 0 ~.~'=' e) ""'" .. 0 i ~ \ 'b!!:l e June lO, 1988 DRAFT ~~ Cr, ,O-J - ~ ~\.e.-.) ~ ...-4- \ f= *"'-. l .~. ~ ~ b ("l'" 1 t6 ~ lS Mr, Robert Herrera, City Manager City of La Porte City Hall La Porte, Texas 7757l Dear Bob: The Bayshore Municipal Utility District Board of Supervisors would like to make you aware of the plan that has been made for the handling of the two unused Bayshore MUD sewage oxidation ponds. Following discussions with: Mr. Eddie E. Abshire, Water Quality Manager Texas Water Commission 1301 Center St" Deer Park, Texas 77536 we have taken samples of the sludge and analyses have been made by a licensed laboratory in Houston (Edna Wood Laboratories, Inc.), A copy of their results has been furnished to you and Mr. Abshire. There appears to be no problem with toxic materials in the sludge. Since the District now has its sewage treated by Gulf Coast Waste Disposal and there is no need for the ponds, the District , plans to close them. (In case of an emergency the District has an interconnect with the City of Shoreacres and could use its line.) In view of the proposed imminent annexation of BayMUD by La Porte we would like your agreement with the pond closure plan: (1) Pump supernatant liquid off ponds to the BayMUD raw sewage line for transport and treatment at the Gulf Coast Waste Disposa.l plant. (2) Air dry the sludge in place, (3) Push in levees and co-mingle soil with sludge. (~) Cap with a minumum of six inches of soil and crown to drain. (5) Seed and fertilize soil cap for erosion control. We look forward to your agreement. Sincerely yours, R, C, Morris, President BayMUD Board of Supervisors cc: Mr. Eddie E. Abshire, Texas Water Commission Mr. Stephen Gillette, City of La Porte Mr. Dick Gregg, Attorney Busch Hutchison and Associates BayMUD Board of Supervisors L?/( e e r BAY SHORE MUNICIPAL UTILITY DISTRICT 707 Shady River Road R E" La Porte, Texas 7757l ' cCr::'VED July 1, 1988 JUL 5 1988 TO: THOSE WHO HAVE MADE REQUESTS IN WRITING: Jan Stevenson - 258 Dwire Dr., La Porte, Tx Roger Kernes - 826 Hackberry, La Porte, Tx Karen Kernes - 826 Hackberry, La Porte, Tx , John Anthony Miller - 910 Hackberry, La Porte, Tx 77571 Nadine Miller -'910 Hackberry, La Porte, Tx 77571 Caroline Davis Brooks - ~l~ So. Shady Lane, La Porte, Tx 77571 77571 77571 77571 This note is to inform you that on advice of our attorney, the ballot box used in the election of May 7, 1988 will be opened on Thursday, July 7, 1988, at 2:00 p,m, at the Bayshore Municipal Utility District office, 707 Shady River Road. At the same time, the voter signature sheets will be made available for inspection, The above material from the May 7th election will be open for inspection except the actual voted ballots from 2:00 p,m, to 5~00 p.m. on Thursday and Friday, July 7 and 8. After this time the material will again be put in a safe place for a reasonable period of time. Since the BayMUD meeting room is not large, we would appreciate it if not more than five interested persons plan to be in the room at the same time. If you desire copies of the voters signature sheets these will be made available later at a charge of $1.00 per page. There will be a witness/custodian in the room at all times. '. (lWl ~ _- R. C. Morris, President BayMUD Board of Supervisors ,- Attachment Robert Herrera, City Manager City of La Porte The Bayshore Sun BayMUD Supervisors Dick Gregg, Attorney Irene Hardy George, Mahlstedt Ann Lewis , ".,;;{ cr fi.., Ii e e GREGG, JONES, MIESZKUC Be POLLARD ATTORNEYS AT LAW DICK H. GREGG. JR. D.e.LTON L. JONES. M,l,RILYN MIESZKUC BII_L Y H. POLLARD Ju 1 Y 1, 19 8 8 17044 EL CAMINO REAL CLEAR LAKE CITY HOUSTON. TEXAS 77058 (71 3) 488.8680 POLL Y P. LEWIS .BOARD CERTIFIED. CIVIl. TRIAl. LAW TEXAS BOARD OF LEGAl. SPECIAI.IZATION , \ Bayshore Municipal Utility District 707 ,Shady River Road La Porte, Texas 77571 RE: BMUD annexation election - May 7, 1988 Election Code Sections 66.057, 66.058, 66.059 Gentlemen: I have reviewed the Attorney General's letter of June 21, 1988, a letter from Nadine Miller and three others dated June 27, 1988, as well as a letter from Mrs. Miller and two others dated June 24, 1988, regarding the May 7, 1988 annexa- tion election. The June 27, 1988 letter asks to see the "con- tents of the locked ballot boxes containing specimen ballots." The June 24, 1988 letter asks to see the "specimen ballot." The results were canvassed on May 11, 1988. The election became final in June (30 day-s). The Election Code permits destruction of materials 60 days after the election. Further, it prohibits entry of the ballot boxes before 60 days. It is my understanding that most of the materials sought were sealed in the boxes with the ballots. You have an inquiry. Destroy nothing until .a reasonable time has passed (2 months from qow) . After 60 days have expired (Thursday, July 7, is the 61st day), open the box in the presence of witnesses. Record who was present. Permit the inspection of everything except the actual voted ballots on Thursday, July 7, 1988, and Friday, July 8, 1988, from 2:00 p.m. to 5:00 p.m. Thereafter make them available within a reasonable time after a request in writing. Reseal the boxes with the voted ballots inside. Store the other materials in a safe place. Label them "con- tents of annexation election boxes opened on the 7th day of July, 1988." Make a duplicate file copy for my use. If ma terials exist that were not sealed in the. boxes, they may be inspected and copied also. They should be stored for the same time period. Anyone who wishes a copy may have one for a reasonable fee (not to exceed $2 per page). This will comply with the Election Code. Remember that the election was final and uncontestib1e after 30 days passed. Yours very truly, DHG: jm ;' . .. . . RESOLUTION NO. A RESOLUTION OF THE BAYSHORE MUNICIPAL UTILITY DISTRICT, D1~CLARING A MORATORIUM ON PERMITS FOR NEW CONNECTIONS TO EXISTING WATER DISTRIBUTION AND SEWER COLLECTION MAINS, FOR A PERIOD ENDING DECEMBER 31, 1988. BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE BAYSHORE MUNICIPAL UTILITY DISTRICT: Section 1. The Board of Supervisors of the Bayshore Municipal Utility District finds, determines, and declares that the sewer cc)11ection lines in the Bayshore Municipal Utility District are in dire need of repair~ that such sewer collection lines are receiving inflow, particularly during rainy periods, resulting in delivery to G1Jlf Coast Waste Disposal Authority, the District's sewage treatment contractor, of one and one-half to two (1 1/2 - 2) times the amount o:E water pumped from the District's water well during such periods of time~ that in view of this high infiltration and inflow rate, it would be detrimental to the public health and safety of the residents of the Bayshore Municipal Utility District, to allow any new connections to the District's water and sewer facilities, until the District is able to conduct an engineering survey to determine the full nature and extent of the infiltration and inflow problem, review such survey, and implement necessary action to correct the public health and safety problems caused by such conditions. The Board of Supervisors of the Bayshore Municipal Utility District further finds, determines and declares that the addition of any additional connections to its existing water distribution and sewer collection lines, would unduly burden such facilities, and would be detrimental to the public health and safety of the residents of the District. -Section 2. In view of the foregoing, the Board of Supervisors of the 'Bayshore Municipal Utility District, in order to protect the public health and safety of the residents of the Bayshore Municipal Utility District, hereby imposes a moratorium on any new connections to existing water distribution mains and sewer collection mains, from the effective date hereof, until December 31, 1988. .' . . RI~SOLUTION NO. , Page 2 Section 3. Any person, firm, or corporation, applying for wi~ter and sewer service during such moratorium period, who feels that the moratorium imposed by this Resolution would create an undue hardship, may request the opportunity to appear before the Board of Supervisors, at a regular meeting thereof, and show cause why an e:Kemption from the moratorium imposed by this Resolution, should be granted by such Board of Supervisors. Section 4. This Resolution shall be effective from and after its passage, approval, and publication, as required by law. PASSED AND APPROVED this the 8th day of June, 1988. BAYSHORE MUNICIPAL UTILITY DISTRICT By: Supervisor Supervisor Supervisor Supervisor Supervisor . 9-'~ .~ .Iq"r. carborJ.le!!I!!!I SEND PARTS 1 AND 3 INTAO . PART 3 WILL BE RETURNED WITH REPLY. ~FOOM. 4S 469 POLY PAK (50 SETS) 4P 469 I SIGNED DATE --- ------ p-~ ~-- ..~ ~ "~ rr-~ ,.--. ~ 'iii ..... Ci6; ...-.- ~"....,..._ ~ ~ L -/ /~ ~_ ~ ~ ...,~ ~44.- L 4:.. ~h~ - '-~ r ~ 4.... -e..... ~....;;. ... . ~ .J ~ ~ .., - - . '~.--'~_- r~ ~- ,,~.,,--- c..--I~- ~r--o ".,.. C,J''''''CtII' ,1..IttCJIC.~---.I~ r~"'''''''~''T~ ~. ~ ~ .b 6_ - L. ~....: 'I k.... h." /,.JI "" a-f~ .; .... - -- i;u.- - Jl.~' c...... ~'"-- k.." 7-'--:'- ,,.- ---- ----- ~ ~ --.- --- ~ "~----r""'-, ~ L.II'......., --~---- - J ~- ,.. -.-.. ~.. "'" - . y r# ~ - ~.JL..- .... ___~.J'... . . ... . SIGNED '::;:;L; __ ~~'.!ib 0cyS. AI'..., A,;,~e~ lila' d"")~~ TO IAT su~~:. ;::~a:;:~'" -. ID.n~#1 4-r Ab~",~,.d'~ tI!1lY hL.d.. -G-<W' ~..-y~." J ~4JYj;o2lj /.11' ...('~""r ~~ "'~- '.J ~ J'//n./ -0/" on J4tf,~ LJJI'~"""~ 'fI ~ ~~/mtI!~~ ~ ,,~ &J': /)....vJ' L.u.J~...~/ . ""-' /-u""'/~ .:'rI"'...~~ ~ "J-<yw-,.......,,..~ '" ~ r~.JA~ ~ 7 ,h~A.J ~./n/.; ~ 6'.'!lu.o "'" ~~"'''-.I. Ar.. ~~JII";' /U,--..,;I,,~ '"6101 A,~ AtI!#~ ~y ~ ~~_...~~ .2.~ /i . e CITY OF LA PORTE INTER-OFFICE MEMORANDUM TO: John Armstrong, Assistant City Attorney Robert T. Herrera, City Manage~~ FROM: DATE: May 17, 1988 SUBJECT: BayMUD Reception - Saturday, May 21, 1988 @ 6:30 P.M. The Board of Directors from Bayshore Municipal Utility District would like to invite you and your guest to a welcoming reception at Mr. Clark Morris' home (1002 Hollow Tree, La Porte, Texas) on Saturday, May 21, 1988, at 6:30 P.M. This reception is an informal gathering which will give us an opportunity to know each other. Please let Jo Ann know if you will be able to attend. -=:JZl If NrJ :;: 0~ II ~. ~ 1/7 . ;fA 1 ~ &i)) RTH/jb . e CITY OF LA PORTE INTER-OFFICE MEMORANDUM TO: Steve Gillett, Director of Public Works FROM: RDbert T. Herrera, City Manager ~~ DATE: May 17, 1988 SUBJECT: LPAWA/BayMUD Please provide me with a chronological outline of the steps required to pe followed or met by BayMUD to fulfill their contract obligations to the La Porte Area Water Authority. If annexation of BayMUD occurs all assets and liabilities will be absorbed by the City of La Porte. Therefore, it is critical that we position BayMUD to be brought in under the smoothest transition that meets your department needs. Please respond in writing to me by Monday, May 23, 1988. RTH/jb - . ~ <( .J' t. . CITY OF L! PORTE , t.> .1 ,. . , 'j PHONE(713)471.5020 . P.O.BoXII15 . LA PORTE. TEXAS 77571 .,.- . " . ":.'"." " . ~ " .~-~. ." :L.... . ;:~.. "L--- .( 'c_. .... ~'C...-" .<c.... .,~ .' -~. ." ~-:-:-. ~ ~--c...-< . ' , / ,-,,' , ~ '. "',. . I~;~_.:~ _..1'.._ _~~ _..4"_.t... .. April 29, 1988 The Honorable Bill James Mayor of the City of Shoreacres 619 Shoreacres Boulevard La Porte, Texas 77571 Re: BayMUD Annexation Dear Mayor James: I apologize for not responding sooner to your letter dated April 12, 1988. You requested a letter indicating whether or not you understood the discussions that came out of the meeting on March 16, 1988 which was attended by city officials from Shoreacres, BayMUD officials, and the Shoreacres Volunteer Fire Department. I would like to eliminate any potential gray areas from our discussion. The proposal my Fire Chief, Joe Sease, shared with the group was as follows: 1. The Shoreacres Volunteer Fire Department would turn over all of its equipment to the City of Shoreacres. 2. The City of Shoreacres would turn over the title of all Fire equipment at its disposal to the City of La Porte. (This would include trucks, hose, radios, radio frequencies, nozzels, and any other equipment. This would not include title to the Fire Station). 3. The City of La Porte Fire Department would occupy the Station and provide protection to the City of Shoreacres free for a minimum of 15 years or as long as it occupied the station. 4. The City of La Porte would use the station and provide all expenses to run the station as it does all other Fire Stations. 5. The City of Shoreacres would be required to pass an ordinance giving La Porte Fire Fighters official status in the City of Shoreacres. (This is a requirement of all our fire protection contracts, i.e., Morgans Point). /.39 .. --'..11' . . e BayMUD Annexation April 29, 1988 Page 2 of 2 I have not proceeded formally to discuss this with the La Porte City Council as I have been informed by Mr. Jan Emerick the proposal was rejected by the Shoreacres City Council. However, the City of La Porte's commitment to enter into an interlocal agreement for mutual aid is viable. Sincerely, G~ \: ~ Robert T. Herrera City Manager RTH/jb cc: Joe Sease, Fire Chief ;.. ~..... e . MEETING WITH JOE SEASE March 14, 1988 1. CIMA - Channel Industries Mutual Aide Program o Out of City limits we respond upon request o In City we act appropriately o Do not run through gates o We have right to take control 2. La Porte Volunteer Fire Department - Incorporated 3. La Porte Fire Department - Jointly Positive Sease appointed by Club. Followed by concurrence by City. 4. Organization Paid Supervisor - City Volunteer - Assistant Fire Chief Champ - oversees paid personnel (9) firefighters - 3 at each station - Work 3 shifts Reason Instant Response Next Week - Billy James concerned about future of Fire Department Volunteer Fire Department President Ken James (Black Hat) Fire Chief Wingo Treasurer Jan Emerick - Spokesman for group 5. Mayor of Shoreacres - BayMUD Fire Department - Bill Clark - John Albanese ~ ~ - e 6. Trucks (2) 7. Eventually will built a substation - 5 to 7 Years 8. Let's assume Shoreacres comes in. No Cha~ge/Take Equipment 10 Year Agreement Charge per person similar to Morgan's Point. 9. 1920's Reorganized - Has prior history Helped Pasadena, Deer Park get started. ,'i .. '-,1 e CITY OF L! PORTE >:':~~,;~r'.',<' PHONE (713) 471.5020 . P. O. Box 1115 . LA PORTE. TEXAS 77571 . I.... ~/ - .L..... . L- '/L...--.' "-C/.--: C.",--../"L.... ---?- .....C/- -L----<'C. . " ....:L. .":"':-~:~..' .~; I ",". April 15, 1988 John Albanese Lonza Incorporated P..O. Box 1400 La Porte, Texas 77571 Attention: John Albanese RHference: BayMUD Annexation April 5, 1988 District Meeting Dear Mr. Albanese: Enclosed please find information responding to the questions La Porte staff was unsure of during the April 5, 1988 District ME~eting. The City of La Porte offers the following exemptions to property owners. 20% homestead tax exemption a Over 65 exemption at a dollar value of $60,000 a Disabled Veterans exemption and a Disabled Adults exemption In addition, the interest rate for the La Porte Area Water Authority Bonds is 6.82% percent. I sincerely thank you for inviting my staff to participate in th.e District Meeting. Unfortunately, I may not be able to attend the April 25 meeting. I have a City Council Meeting and upon its completion I will attend the District Meeting. However, Mr. John En Joerns, Assistant City Manager will be at your meeting and is authorized to speak on my behalf. If you need additional information please do not hesitate to contact me. S:'Lncerely, C:~TY OF LA PORTE c:R~ 17 ~ Robert T. Herrera City Manager R'rH/ks ~'1 /..7', :: . e CITY OF LA PORTE AECF:IVED APR d J I~JjCJ INTER-OFFICE MEMORANDUM TO: Robert T. Herrera, City Manager ~ Jeff Litchfield, Director of Finance Apr i I 12, 1988 FROM: DATE: SUBJECT: Response to Question asked at the Bay MUD Town Meeting Attached is a summary sheet that answers the tax related questions asked at the town meeting. The interest rate for the La Porte Area Water Authority Bonds is 6.82 percent. As discussed with you earlier, we will have a microcomputer program that will provide residents with a comparison between their basic cost in BayMUD versus the City of La Porte. .... . . . e CITY OF LA PORTE AD VALOREM TAX INFORMATION The City of La Porte currently has a taK rate of .66 per $100 of valuation. The City also allows the following eKemptions: 1. Homestead - 20% of appraised value, with a minimum of $5,000, 2. Over 65 - 60,000, 3. Disabled Veterans - from 1,500 to 3,000, dependent on percent of disability as stated and required by Federal Law, and 4. Disabled Adults - 60,000 for persons certified as 100% disabled by the Federal Old Age, Survivors, and Disability Insurance Act (Social Security). The Bayshore Municipal Utility District offers the Over 65 eKemption of 60,000 and the Disabled Veterans eKemption. Listed below are taK calculations for a residence with an appraised value of $70,000. 1. With no eKemptions: BayMUD La Porte Appraised Value Tax Rate TaK 70,000 .3781 264.67 70,000 .66 462.00 2. With homestead exemption: BayMUD La Porte Appraised Value Less Homestead Exemption Taxable Value Tax Rate Tax 70,000 o 70,000 .3781 264.67 70,000 14,000 56,000 .66 369.60 3. With homestead and over 65 exemptions: BayMUD La Porte Appraised Value Less Homestead Exemption Less Over 65 Exemption Taxable Value TaK Rate Tax 70,000 o 60,000 10,000 .3781 37.81 70,000 14,000 56,000 o .66 o Because the 20Y. homestead exemption is calculated first, the over 65 exemption in the above example is $56,000 instead of $60,000. In the City of La Porte, there is no tax liability for a residence with the homestead and over 65 exemption until the appraised value exceeds $75,000. e e NOTES FOR APRIL 25. 1988 MEETING BavMUD ANNEXATION *Real interest into surface water. BavMUD Police o Security Service o Not 24 Hours o Two (2) Shifts o County o 30/50 Calls per Month o $33,000 Maintenance Tax La Porte o 24 Hour Dispatch Service Preston Page - Past Fire Chief ? on Contract Annexation - Enforceable! Yes ? Representation ? on Non-Voting/Representation o What is homestead exemption? o Over 65 Exemption 40) 30) What is now! 20) $65 k John Albanese Marnie Moon Monty Blue *Services to be provided ? About doubling of Tax Rate !.3Q e e NOTES FOR APRIL 25, 1988 MEETING BavMUD ANNEXATION Page 2 of 25% Less in La Porte Homestead exemption? V.A. Exemption? 100,000 k breakeven over pay more Ambulance fee $30.00 Annually T.W.U. BayMUD 23 theirs La Porte 11 *Surface Water $300,000 k - Utility Fund *Interest rate on 9.8 million. Livingston. Said 7 what is it? Lake " . I I' I . , 1; fle J ! ! . e ~~O. C ~~'f~ ~"l ,-~ .-\'\.J~ StJ.r\~ (.,J~ : I ;! C>~ MLo( (/O\"CR- ~! .. - . ~ S" ~ ~ ~ vV'"\. t.Jt.,oi ~ \'YeA- 't, ~ ~vv.Y\ I. /, 4- 'L Sl.l P\-\ ; t ~~'%~~ ~ ~Jl : ~ - S 1>3, \iUO ~~~ 1e-')C . I n I 0"-' ~ (J.-.~~'lC'.Jc-l'~ . ~ofv",~~. '1l.-j ,,~~ fJ\-.t-..u~ o-J tJv.- "O~"1' (rt\.-V ~ ~ v~ ,I ': ;- 1J.\ ~v. I :1 0 I: \f Y'e~~\-J , , " --+1 ; .. :<'] : ~ , . ; , I: , " ---I' , wW IS (,5 -------1 ; ~ " C)~ ls.,- (? v,-k't O,s (1~ .,- s~V'\J'c::.- p ~ r~)+- s.:... ~ hv~ <;>~~. ~e'-' ()~"'-.) .e"C ~""- pA. ~ ~ '" l{u , '30 "tu 3 Iv h~ IS \\lOw \.. <<::1) : ; l: j I I ~ ~~~\ <^-u- i: I \l.--;: \!~ ' I I i I . , . e ~ ; , ' , . , , I : ! II I: , J Cl \ ~(.AoJ~ .;... J6"'~ : ~ 0'(\ o-s\ \'II \ lOiL. '\"vt~ ~ ., I' foI m~,-,,~ ~ \ \f-A.... , . ,* S rVV\. C>-. 16 . rV()V\ckJ b.. , " i. t'! '1 ~ v'-'~ ~v..~~"u) sf \~ 'f. (( ~ I : '2.<; elf 1J ~ t ~ L- (7 vv---\.e . I' I - l~ ""-'Q ~..l.C.J -\- e " ~ ~ (> -\- ," o~ ,'. > -",~, ~~--{J-\-t\l""; ~ l 0\/ ) VtSO )C '-> ~ ~ O~ f ~ W'lOV'""- ~ S30.~ ~~ i TW. U-- :_ ~Y} ~s ~~ j l-c-~~~ lit I t. =+- $' lAY{ ......-. LJ d\J:::;::, ~ ..$ :3,()o) vI> 0 k lA~~ \:t'\ .f~ <1 \lV J (4J. '-5 q,~ M-\. ~\ l(/~. LfJ\~~ ~vi')~>r'\JV L.\'V~ ~ ot-l oM'O L \,.../~ \~ ~ ~ . ( I , I I . eo ().A't. ~~ \ ~~\.~ TO: BOB HERRERA, CITY MANAGER FROM: C. E. SMITH, CHIEF OF POLICE SUBJECT: PROPOSED POLICE SERVICES CONTRACT WITH CITY OF SHOREACRES DATE: MARCH 25, 1988 SIR: The City of Shoreacres has indicated a need to consider contract pc_lice services with the City of Laporte. According to conversations with Shoreacres officials, they are interested in a limited contract of the following description: Receiving police department telephone calls, teletype and telecopy service. estimated cost for this service: !:Z;!Q~QQLmQ. !~QQQ~QQL~!:> A full service contract would appear as follows: (1) Jail service----------------$100.00/mo. (2) Receiving police dept. telephone calls, tele- type and telecopy service-------$750.00/mo. (3)Plus !~~QQ per prisoner per day. estimated cost for this contract: !lQ!L6QQ~QQL~!:. Cost estimates were made on the basis of 110~ per capita. This base, is the same base used in our contract with the City of Morgans Po i Ylt . ~ Charles E. Smith Chief of Police I 31 i._ e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM TO: Robert T. Herrera, City Manager ~__ ~'~~'q\' /; _--". . I ~ '\.? I" , "1 h'=. 1'\\ \ J .. ~.? :. 11 t; i(....).jJ Jeff Litchfield, Director of Finance . . MflR -4 1988 FROM: DATE: March 4, 1988 SUBJECT: BayMUD Rumor/Fact Sheet Suggested response to question 5 of the BayMUD rumor/fact sheet discussed at the March 3, 1988 Executive Staff meeting. S. Your taxes will be higher in La Porte. (a). Yes, taxes are higher in La Porte. The current tax rate in La Porte is .66/$100 while BayMUD is .378/$100. There are two important factors that need to'be considered when comparing tax rates. The first is the quality and quantity of service. La Porte offers a broader base of service (e.g. Code Enforcement and Street repair). In addition, based on rates currently in effect, the combined cost for water, sewer and garbage service is lower in La Porte. As a generalization, if your home has a taxable value of $100,000 or less, your overall cost of living will be less in La Porte. ... . e MARCH 3, 1988 ANALYSIS OF THE PROBABLE IMPACT OF THE LANDFILL BOND SALE AND THE ANEXATION OF BAYMUD ON THE CITY OF LA POTRE'S 89-90 TAX RATE INCLUDING INCLUDING FISCAL FISCAL LANDFILL LANDFILL YEAR YEAR EXCLUDING INCLUDING 87-88 89-90 BAYMUD BAYMUD TOTAL TAX RATE 0.6600 0.6600 0.6600 0.6600 DEBT SERVICE RATE 0.2335 0.2164 0.2539 0.2542 M&O RATE 0.4265 0.4436 0.4061 0.4058 TAXABLE BASE 874,191,830 874,191,830 874,191,830 916.274,400 GENERAL FUND TAX REVENUE 3,728,428 3,877,915 3,550,093 3.718,242 NOTES: LANDFILL BONDS OF $2,500,000 AT 8% (20 YEARS) WILL BE SOLD MAY, 1988. BAYMUD BONDS OF $300,000 AT 8% (10 YEARS) WILL BE SOLD JULY, 1989. NO INCREASE IN THE TAXABLE BASE WAS ASSUMED. , /.J~ ., e e PROJECTED FY 89-90 DEBT SERVICE TAX RATE INCLUDING BAYMUD INCLUDING INCLUDING STATUS QUO LANDFILL LANDFILL EXISTING DEBT 1,816,207 1,816,207 1,816,207 LANDFILL NEW ISSUE 315,000 315,000 BAYMUD EXISTING 50,937 BAYMUD NEW ISSUE 54,000 ------------ ------------ ------------ TOTALS 1,816,207 2,131,207 2,236,144 96% COLLECTION RATE 75,675 88,800 93,173 ------------ ------------ ------------ TOTAL DEBT SERVICE 1,891,882 2,220,007 2,329,317 TAXABLE VALUES 874,191,830 874,191,830 916,274,400 DEBT SERVICE TAX RATE 0.2164 0.2539 0.2542 e e DEBT SERVICE SCHEDULE SANITARY LAND FILL G.O. BONDS, SERIES 1988 $2,500,000 DATED 5/15/88 20 YEARS AT 8 PERCENT DATED 5/15/88 WITH DELIVERY 5/15/88 DATE PRINCIPAL INTEREST PERIOD TOTAL FISCAL TOTAL 11 15 88 100,000 100,000 5 15 89 125,000 100.000 225.000 325,000 11 15 89 95,000 95,000 5 15 90 125,000 95,000 220,000 315.000 11 15 90 90,000 90,000 5 15 91 125,000 90.000 215,000 305,000 11 15 91 85,000 85,000 5 15 92 125,000 85,000 210,000 295.000 11 15 92 80.000 80.000 5 15 93 125.000 80,000 205,000 285.000 11 15 93 75,000 75.000 5 15 94 125.000 75,000 200.000 275,000 11 15 94 70,000 70,000 5 15 95 125,000 70,000 195.000 265,000 11 15 95 65.000 65,000 5 15 96 125,000 65,000 190,000 255.000 11 15 96 60.000 60,000 5 15 97 125,000 60.000 185,000 245.000 11 15 97 55,000 55.000 5 15 98 125,000 55.000 180.000 235,000 11 15 98 50,000 50,000 5 15 99 125.000 50.000 175,000 225,000 11 15 99 45,000 45,000 5 15 0 125,000 45,000 170,000 215,000 11 15 0 40,000 40,000 5 15 1 125,000 40,000 165,000 205,000 11 15 1 35,000 35,000 5 15 2 125,000 35,000 160,000 195,000 11 15 2 30,000 30,000 5 15 3 125,000 30,000 155,000 185,000 11 15 3 25,000 25.000 5 15 4 125,000 25.000 150,000 175,000 11 15 4 20,000 20,000 5 15 5 125,000 20,000 145,000 165,000 11 15 5 15,000 15,000 5 15 6 125,000 15,000 140,000 155,000 11 15 6 10,000 10,000 5 15 7 125,000 10,000 135,000 145,000 11 15 7 5.000 5,000 S- 15 8 125,000 5,000 130,000 135,000 11 15 8 0 0 --------- --------- --------- --------- TOTALS 2,500,000 2,100,000 4,600,000 4,600,000 e e DEBT SERVICE SCHEDULE BAYMUD G.O. BONDS. SERIES'1989 $300.000 DATED 7/15/89 10 YEARS AT 8 PERCENT DATED 7/15/89 WITH DELIVERY 7/15/89 DATE PRINCIPAL INTEREST PERIOD TOTAL FISCAL TOTAL 1 15 90 12.000 12.000 7 15 90 30.000 12.000 42.000 54.000 1 15 91 10.800 10.800 7 15 91 30.000 10.800 40.800 51.600 1 15 92 9,600 9,600 7 15 92 30.000 9.600 39.600 49.200 1 15 93 8,400 8.400 7 15 93 30.000 8.400 38.400 '46.800 1 15 94 7.200 7,200 7 15 94 30.000 7.200 37 . 200 44.400 1 15 95 6,000 6.000 7 15 95 30.000 6.000 36.000 42.000 1 15 96 4.800 4.800 7 15 96 30,000 4,800 34.800 39.600 1 15 97 3,600 3.600 7 15 97 30,000 3.600 33.600 37.200 1 15 98 2,400 2,400 7 15 98 30,000 2,400 32,400 34.800 1 15 99 1.200 1,200 7 15 99 30.000 1.200 31.200 32.400 --------- --------- --------- --------- TOTALS 300.000 132.000 432,000 432.000 ..'.f; r- '. . CITY OF L! PORTE . . . :. ,.:"::..:~:\'.., '. '.. :;: j . . .,'. ';':"'.' . .' ,',. . .. j . ... t.'. ,. It. .. " .::1 ...12~1Il~;{:'</f\~lTLttH~7;~!},5m:'~~1fu~~~'):i?iJ;tiL ,{z;;f~6;,~t~r.~~: PHONE (713) 471.5020 . p, O. Box 1115 . LA PORTE, TEXAS 77571 February 26, 1988 Mr.' Clark Morris, President Bayshore Municipal Utility District 707 Shady River Road La Porte, Texas 77571 Dear Clark: The La Porte City Counc il ha s author ized me to cont inue our in-house annexation study of BayMUD. There are certain areas we will need to explore in more detail. One major concern which requires the most attention is the status of the oxidation ponds. When we visited at City Hall on February 17, 1988, I expressed my concerns about the prior use of the oxidation ponds at BayMUD's abandoned wastewater treatment facility located west of new State Highway 146. At that meeting you presented an anlysis of one sample which was. tested for the presence of eight (8) heavy metals. I was happy to hear that the levels reported were acceptable. During our meeting, I informed you' that. additional laboratory test(s) will be needed if BayMUD's election is successful. I also requested that my staff coordinate' with the District to develop guidelines for a thorough analysis of the oxidation ponds, acceptable disposal methods, and est ima ted costs for disposal. Let there be no misunderstanding, I have reservations about the cond it ion of the ox idat ion pond s and I' m committed to see that La Porte is not faced with a restoration effort without full knowledge of the requirements for disposal, final clean up and closure, and the assoc ia ted costs. Without th is in forma t ion the decision making process and timing of an annexation may be affected. ?, ,- j ... e. Mr. Clark Morris, President Bayshore Municipal Utility District February 26, 1988 Page 2 of 2 e I believe it is in the best interest of both parties that we reach an agreement within a two (2) week time period after a successful election on what action BayMUD will pursue to resolve the City(s reservations. RTH/jb cc: .Mayor Norman Malone & Members of City Council John Albanese, Lonza, Inc. Sincerely, G2~T,~ Robert T. Herrera City Manager ,; .~e CITY OF L! PORTE .. .' . " .;;::i;';';; -r: . -., . :';'<"i->:l .. :~;{'~fD!;;:~<;.:V!~~~lJ'.' .~ "'? -7'~ ~ _ ""J ';>1 ." ':. ,...;. '!.:" ,'.: "'''-t''J:I''':'~' ""''C'''''~.:'.I~./.':..~......:;:tt~..... :~t .....~I:..~"':'....;.~.....,. .:.":f! ""I~" ..":\_':~._' ....,'.~V'.~ :.:~.. :...",,0;. '. to,.' .,: ;:.t-; . I.., ~ .f; 'h'~' ~1.\ .': '"; "r,'! ~ '.....( '~,;,.,. ..... .~"'\'~.~: ~.. . rld~. .1 ~.,i I ..I.. '" '1.Jt:- ..r" . "fl'.... "~f/.l...lk'" ~~ t;. ~..t ~.'J:J..' ;J-i;'4J./..""t'. . ~.' .~ .' . '..... . :~_.;1~!r.1....~:' ~~"~\" : .~~~~~~~. .~~:~.::::-~: ~'.:;.;Ji;~. ~~'~{if.. ~;~ 2i! ~i:~~~/ ~!~.~::~. 1 ,1-'. :~~~6. ~z..~~;~:::1~t&~~~r.,~ii1;. .~~f~i ~~tii1.~~~~~~.:~~~.:.. PHONE (713) 471.5020 P. O. Box 1115 LA PORTE. TEXAS 77571 February 24, 1988 Mr. Clark Morris, President Bayshore Municipal Utility District 707 Shady River Road La Porte, Texas 77571 Dear Clark: I have revie\-led and verified the numbers you supplied me on the City of La Porte's tax and utility rates are correct. I did not consider the accuracy of the numbers you supplied for BayMUD. If you have any questions, please feel free to contact me. Sincerely, QL\.l,,-..~ T. \~.'\N,\.4--' Robert T. Herrera City Hanager RTH/jb , . e e .~ " ,.' ...., -CJ .-...-.. .-- ,- -- ...-.-.-- . . --._..- o! . , . .1. , I I I f... ; .-......-- . .. 1_ _. . u_ ~ ~~/l I 1 l'AZ I i I O~ ~7 P, //00 I I , I '. , I ,!;.- ,." ~ p- ~f)Ju '?1' .6 ~ I If. ~\() IMuJ (J , I 'J, r..JA _ID ( B-h II.(JO J I;hu!) . 0 (}~-~j -- I II. 7r 1 co r:l.. _. '.. ~ ::i i I (I 0 I I ... I I I i ,..4 lltJoo3~ j I I I '3~ 10 ilL. il_ I I I I vv c.vr--r I i I .1 I I .. .!lh.Jl, /01) () :Q ~ fJ. pot; 3."0 iii I I I ~ i I \ .. I . . c .0 -...- :i iii 1cSv,.. .. I , "4~;J-~~ ; \ 7~" ,t>O z I 0 I c "' , , I I It I u I i ~~~'3S '10-<1} dv.-!~ ~ I I ~ I. fJ' : ; I I I ! . I , a. :i .. . 0 I~=.f~ Q,,~, I u " " z i: .' .. , ::; , I II " ;) a. > ~~A ~k I (;.h~o V 100 "' -' .. "' ~ ,. I I I 1 z 0 ! III 0 0 'J2.-++ Ii. ! I .. k~, " if12l-.11t.n I i c .. ::j I d' I I I ! - I ~_..I . Q "' /sJr ~o()DI~&2 ! I fII s: Do a. l4/ ~ .fL". .. I It I .... " 0 I I '.QM~ J I: ~ t- D I"j-J l I O~n ! 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February 23, 1988 Mr. Clark Morris, President Bayshore Municipal Utility District 707 Shady River Road La Porte, Texas 77571 Dear Mr. Horris: At the regular meeting held on February 22, 1988, the City Council passed a Minute Order expressing an interest in annexing the Bayshore Municipal Utility District providing that an election is called under the appropriate State Statutes and the vote is favorable. The Council would be considering completing the annexation before December 31, 1988. Pending the election by BayMUD, the City of La Porte will continue its in-house annexation study. Should your District be interested in proceeding, the election should probably be called for the earliest legal date, which I understand to be May 7, 1988. Prior to such election, I shall be happy to meet with your District to discuss matters of importance to both bodies. Sincerely, GM \: ~ Robert T. Herrera City Manager RTH/jb cc: Mayor Norman Malone & Members of City Council Knox Askins, City Attorney . /, .3 e::; . BAYSHORE MUNICIPAL UTILITY DISTRICT 707 SHADY RIVER ROAD LA PORTE. TEXAS 77671 February 11, 1988 Mayor Norman 'Malone City of La Porte City Hall ~a Porte, Texas 77571 Dear Mayor Malone: The Bayshore Municipal Utility District passed a resolution at its regular meeting, February 10, 1988, to hold an election on Saturday, May 7, 1988, to allow the registered voters in the District and in the City of Shoreacres to decide whether or not the City of La Porte be allowed to annex the unincorporated area. This election will b~ held in accordance with Senate Bill 1~6 passed by the 67th Texas Legislature and signed into law by the Governor in 1981 (Vernon's Annotated Civil Statutes, Art. 970A, Sec. 12). The Utility District requests that the City of La Porte reply to this letter indicating that La Porte will annex Bayshore MUD should the question receive an affirmative vote by the majority of tne voters in the May 7th election. , Sincerely yours, rMlJt~ R. C. Morris, President BayMUD Board of Supervisors Att.: BayMUD Resolution No. 2~2 cc: Mr. Robert Herrera, City Manager City of La Porte ..... Mayor Billy James City of Shoreacres Mr. Dick Gregg, Attorney BayMUD Board of Supervisors . . I. ~IW : j1 .Lv'll. I 1. ~#J 7J- JIl/VA,f;J . ()/j;,2J i.euAJ ~ ~ ~ ~ ~;d 4~;;W ~A .$ ~,w ~ &;/.2-/~ f; 44';~ ~. ~ , -1tuitb ~4J~'I d&~~ .$ r dJd) dHn/ .aU ~. ~ ~4t.4 , /f; ~~~~~~;-~ ~~~~~ ~. -p/ /~~ - e BAYSHORE MUNICIPAL UTILITY DISTRICT 707 Shady River Road La Porte, Texas 77571 RESOLUT IlJI\J 242 A RESOLUTION OF THE BAYSHORE MUNICIPAL UTILITY DISTRICT ORDERING AN ELECTION TO BE HELD IN THE BRYSHORE MUNICIPAL ,UTILITY DISTRICT AND THE CITY OF SHOREACRES, TEXAS, ON THE 7T~ DAY OF MAY, 198a, FOR THE PURPOSE OF VOTING FOR OR AGAINST AUTHORIZING THE CITY OF LR PORTE, TeXAS TO RNNEX THE UN.rNCORPO.F~ATED TE:RRITDR"'{ OF THE B~WSI'-iClRt:: jVIUNICIPAL UTILITY DISTRICT; DESIGNATING THE DATE OF THE ELECTION RND THE POLLING PLACE; APPOINTING ELECTION OFFICIALS THEREFORE; PROVIDING THAT RLL QURLIFIED ELECTORS SHALL BE QUALIFIED ~O VOTE; PRESCRIBING A FORM OF THE BALLOT; PROVIDING A NOTICE OF ELECTION AND CONTAINING OTHER PROVISIONS .RELATING TO SAID ELECTION. WHEREAS, Article 970a, Section 12, Vernon's Annotated Civil Statutes provides that the Board of Directors of a municipal utility district may order an election on the issu~ of authorizing annexation of the unincorporated territory of of the. district on the first authorized uniform election date that falls on or after the 30th day after the date of the order, at such place as the Board of Directors may direct; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Bayshore Municipal Utility District, State of Texas: Section 1. That an election shall be held in and throughout the Bayshore Municipal Utility District and the City of Shoreacres, Texas, on the 7th day of May, 1988, from 7~00 a.m. to 7:00 p.m. at which election the qualified resident voters of said District and said City shall be able to vote for or against a proposition authorizing the City of La Porte, Texas to annex the unincorporated territory of the Bayshore Municipal Utility District. Section 2. That there shall be one (1) election precinct and said electic:,y'. shall be held at c.y',e '(1) polliYI~~ place fc:.r all qualified voters of the District ay~ the City and the polling place and presiding officers for said election shall be, te.-wi t : Polli,Y'lg Pla<:,e: Bayshore Elementary, La Pc.\...te, Te)(ias Bay Oaks, ..... Presiding Judge: Irene Hardy Alternating Presiding Judge: Suzanne Richardson The Presiding Judge shall appoint as many clerks as are deemed necessary for the proper conduct of the election, provided that such number of clerks shall be at least two (2). Section 3: That paper ballots shall be used to conduct said election and that said election shall be held in accordance with the Constitution and laws of the State of Texas, and all duly qualified resident electors of the bayshore Municipal Utility , e e District and the City of Shoreacres, Texas, shall be qualified to vote. Section 4: That the election shall be held and the returns thereof shall be made and canvassed in the same manner as would be the case in an election for members of the Board of Directors of the District if the District included the entire territory in wh~ch the election is held and in accordance with the requirements of the. Electipn Code of the State of Texas, as amended, and in the event that the majority of the votes cast in said election are for annexation the Board of Directors shall declare that the City of La Porte, Texas is authorized to annex the unincorporated territory of Bayshore Municipal Utility District. Section 5: The ballot shall permit voting for or against the proposition: "Authorizing the City of La Porte, Texas to annex the unincorporated territory of Bayshore Municipal Utility District", and shall conform to the requirements of the Election Code of State of Texas, as amended. Section 6: Voting at the polls and absentee' balloting. shall be by paper ballot. Absentee voting shall be conducted at the Office of Bayshore -Municipal Utility District, 707 Shady River Road, La Porte, Texas. Ann Lewis is hereby appointed as Absentee Voting Clerk. Absentee balloting shall begin on the 20th day preceding the date of the election and shall continue through the fourth day preceding the election, Saturdays and Sundays excluded. A voter who is eligible to vote may do so by making his personal appearance before the Absentee Voting Clerk or her Deputy at the address set forth above durir~g the regular office hours of the Bayshore Municipal Utility District, Mondays through Fridays during the period pr$scribed herein for absentee balloting. Applications for paper ballots to be voted by mail submitted by those qualified to do so may be received by the Absentee Voting Clerk no later than the fourth day preceding the election day. A marked ballot must be mailed back to the Absentee Clerk in an envelope postmarked not later than midnight on the aay preceding the election and must be received by the Absentee Voting Clerk before 7:00 P.M. on election day. Section 7: That the votes cast in said election shall be canvassed as provided in the Election Code of the State of Texas, as amended. All election officials named herein shall be compen- ~ sated as follows: Presiding Judge: $5. 00/hour + $25.00 Alternate Presiding Judge: $5. 00/hour Clerk: $5. 00/hour Absentee Voting Clerk: $5. 00/hour Section B: That the election officials are hereby directed to comply with Article 6.06 of the Election Code of the State of Texas, as amended, which provides that the f~ilure of a voter to .~ e e ... make his ballot i" strict conformity with the directions on the ballot shall not invalidate the ballot, a"d the ballot shall be counted if the inte"tion of the voter is clearly ascertai"able, except where the law expressly prOhibits the counting of the Ballot. It is specifically directed that the election officer shall not refuse to count a ballot because of a voter having marked his ballot by scratchi"~ out the proposition for which he does "ot wish to vote. Section 9: That "otice of the elections hereby ordered and called shall be given: a. By posting notice thereof at the offices of Bayshore Municipal Utility District at 707 Shady River, La Porte, Texas, and at the offices of the City of Shoreacres, 619 Shoreacres Blvd., Shoreacres, Texas, at least thirty (30) days and not more than forty-five (45) days before the election. Both locations for posti"9 are hereby declared to be public places within the District of the Ci t y. b. Statl.,tes, By publication under Article 293, Vernon's Texas Civil which notice shall state the "ature and date of the election the hours during which the polls will be ope", and the location of the polli"9 place i~ the District where the notice is posted. Said publication notice shall be published in at least one newspaper of general circulatio" in the County where the District a~d City are located not more that thirty (30) days nor less than ten (10) days before said election. The Board of Directors hereby finds that the official newspaper of the District, Bayshore Sun, is a newspaper of general circulatio" in the County where the District and the City are lo~ated. In order to comply with both Rrticvle 2ge, Vernon's Texas Civil Statutes, and Article 4.05 of the Election Code, o~e of which must be complied with, the said notice shall be published between the 25th day prior to the election through the 11th day prior to the elect i ell",. Section 10: If any provisio", section, subsection, sentence, clause, or phase of this Resolution is for any reason held to be unconstitutional void or invalid or for any reason une"forceable, the validity of the remaining portions of this Resolution shall not be affected thereby, it being the intent of the Board of Directors of Bayshore Municipal Utility District in adopting this Resolution that '" no portion hereof or provisio" co~tained herein shall become i"oper- ative or fail by reason of any unconstitutionality or invalidity of any other portion, provision or regulation; and to this end all provisio"s of the Resolution are declared to be severable. READ ~ND APPROVED th15 10th cay of Feoruary, 1988. -4 . . .. .. . . e BAYSHORE MUNICIPAL UTILITY DISTRICT BY~ ~~~~l -------------------- -------------- SupervisClr -~~~--~~---------~----- ~ SuperV1SCll'" {W/1 · " ,c" _ - . ----- - -------------------- ~ Su~ d _____L__L ~_ __ti~~_~__ , ..... e . .I:3f THE CITY OF LA PORTE FfcCC/IIE:D FE8 ~ 8 1988 INTER-OFFICE MEMORANDUM FEBRUARY 5, 1988 " TO: Robert T. Herrera, City SUBJECT: John Joerns, Asst. City Joel H. Albrecht, Director of Community Developmen~JL~, Annexation of Bayshore Municipal Utility District ~. THRU: FROM: In response to the questions/answers submitted back to the City of La Porte concerning the possible annexation of Bay Mud. The questions I had were covered by Steve Gillett's response with the exception of the following: 1. Bay M.U.D. can be annexed leaving a separate portion of land not contiguous to our City limits. Senate Bill No. 146 (1981) does allow this to take place. 2. All properties to be annexed would come into the City of La Porte with the zoning classification of "R-1". The City of La Porte would then have 180 days to review and adopt permanent zoning. 3. A Master Plan for Bay M.U.D. is not available, but that is something to consider for a later date. Again all other issues I questioned concerning annexation were answered in Steve Gillett's memo. JHA/nb , ./ ( ",' e e /.31 CITY OF LA PORTE INTER-OFFICE MEMORANDUM TO: RO~b~7t . Herrera, City Manager ~~. t!~ St e iIlett, Public Works Director DATE: February 8, 1988 FRO~1 : SUBJECT: POTENTIAL ANNEXATION OF BAYSHORE MUNICIPAL UTILITY DISTRICT . ,t, I .;. 'j. The Public Works Department has carefully examined various correspondence, contracts, and other available documents, along with ,physical facilities related to the Public Works Department, with Bayshore Municipal Utility District (the District) elected and appointed officials, through John Albanese. The following is an analysis of the impact of annexation of the District upon the Public Works Department, as well as the City as a whole. The District is composed of two tracks of land, separated by the City of Shoreacres. Streets are primarily asphalt, with roadside drainage, with some of concrete curb and gutter construction. In general, streets and drainage facilities appear to be in good condition. It is not anticipated that additional personnel will be needed in the first three years following annexation, although some increases will be required in material and supplies. The collection and disposal of solid waste in the District is provided by tvlO private haulers. No contracts are in effect, although Shady River is in negotiation with BFI Inc. to provide curb-side cart collection. All areas have curb-side collection available, with each homeowner responsible for arranging for collection. . I . . The exception is Shady River, which currently receives "back door" collection. In answer to questions submitted to the District by the City, the District wrot e, "\-Ie understand that in some areas La Port e has allowed the civic association to arrange for "back-door" pick-up at an additional cost". In past ~nnexations, La Porte typically allows contracts for solid waste collections to run their term, and upon expiration or cancellation assumes collection and disposal. The District appears to interpret past actions to allow for private collection as long as the association \-1ishes. It is important to understand that current La Porte policy allows no private collection of residential accounts, including apartments, townhomes, and single family dwellings. / ~ ,~. No additional persclel are needed at this tim.to provide solid waste collection and disposal. However, additional funds will be required for supplies and landfill costs, as well as possible capital outlay for the purchase of small, satellite collection vehicles. The latter could be necessary because of numerous narrow, dead-end streets and, marginal pavement strengths. Water production facilities and documents were inspected for' condition and evaluated as to short and long-term needs. The elevated storage tank was recently inspected. The interior condi tion is questionable because the inspector was unable to observe the bowl due to the large accumulation of sand. The well was recently cleaned, relined, and cemented due to the large amount of sand produced. Conversations with the contractor reveal that the well was repaired per the contractor's recommendation, although a cheaper alternative was offered. The past well problems contributed to the accumulation of sand in the elevated storage tank, which washed into the distribution system and eventually to the customer, generating complaints on water quality. This problem is especially noticeable in the far reaches of the system, such as Bay Colony. Corrective action is needed to eliminate the problem. Immediate cleaning of the elevated tank, together with an aggressive flushing program could dramatically improve \vater quality in the short run. Construction of a ground storage tank with booster pumps, and looping of isolated areas could also improve water quality in the long run. Ground storage would eliminate sand in the elevated tank, and ease sand removal efforts in the future. Looping isolated areas would eliminate dead-end mains that accumulate sand and other debris, and lower the flushing requirements. Additionally, the control buildings, are inadequate, substantial safety hazard. . will be required. and chlorination systems, as well as the and the chlorination system represents a An immediate outlay, estimated at $15,000, Recent discussions between the District and the LPAWA have indicated that the cost to construct ground storage and pumping facilities could approach "t300,000. These 'impro~ements are not part of the LPAWA Transmission System. All costs. .will be born l)'ythe District and are not included in the Authority's bond sale. The Wastewater collection system was examined, including and collection lines. Collection lines are between 30 old, primarily of concrete construction. Lift Stations be. in fair condition, with a common problem being the panels. All three panels are in need of replacement. lift stations and 40 years were found to motor control / i . . ~~~ .'. .'. "' ... All \-lastewater is !llected at the Shady RiV!. Lift Station, for the final lift to Gulf Coast Waste Disposal Authority. The line is owned by the'District. At one time the line was jointly owned by Shoreacres, but ownership reverted to the District when Shoreacres constructed its own lift station and force main. One problem is lack of access to the Shady River Lift Station. Access is across a vacant lot, currentiy for sale, through a 16 foot utility easement. If annexed, the p~rchase of the property should be considered to assure permanent access. Cost is estimated at $10,000. Gulf Coast Waste Disposal Authority currently charges the District $0.61/1,000 gallons to treat wastewater. This, compared to $0.442/1,000 gallons cost to treat wastewater at the La Porte Treatment Plant, is 38~ higher than the City's cost. A copy of the Gulf Coast Waste Disposal Authority contract was analyzed. The contract is transferable, and contains similar l&nguage to the recent contracts with the La Porte Area Water Authority. One area of concern is the reserve capacity allotted to the District. The maximum daily average permitted is 350,000 gallons. The District indicates one average monthly bill of $6,500.00. Using the $0.61/1,000 gallons charge, this averages 355,000 gallons per day. This would indicate that the District is averaging more wastewater per day than the contract currently allows. Future development would require renegotiation of the contract for larger daily average flows. To compare La Porte's total cost with the District's total cost would require an analysis of the collection costs as well as treatment costs. La Porte's current combined cost is $0.90/1,000 gallons. If increases in average daily flow could be negotiated, it is possible that some future flows from the overloaded Broadway collection system around and south of the Golf Course could be diverted to Gulf Coast Waste Disposal Authority. Conversely" the District's flows could be diverted to the La Porte Treatment Plant through construction of a new trunk main, with oversizing to accommodate future District and Southern La Porte development. In the long run, an engineering study would be necessary to determine the best transmission and treatment alternative for these areas. The biggest potential liab~lity is the two (2) abandoned oxidation ponds formerly used to treat District wastewater. Ownership and clean-up liability are the two major problems with this facility. The original agreement between the District and the Carter Investment Group stipulated that the property reverts to the original owner when it is no longer used for transfer/treatment of wastewater. It is unclear who is responsible for clean-up, and whether the property is required to be restored to original condition. " .... It is almost cert~that the site will requi~some degree of clean-up and restoration. ~veral civil and sanitary~gineers were surveyed, with varying opinions on degree of clean-up necessary. The District has taken samples of sludge on site, and is having it analyzed for chemical content. Due to the remote location and age of the facility (1962), it is possible that, without the District's knowledge, industrial or hazardous substances could have been dumped. ;; Upon completion of sludge analysis, and more concrete information of clean-up liability and the degree of clean-up required along with cost estimates, the situation should become more clear. In the summary, the following Divisions will require additional funds in the first year following annexation: Street Division $20,00 for materials, chemicals. street and and mosquito drainage control Solid Waste Division $40,000 for landfill and plastic bags, along with the purchase of a small, satellite collection vehicle. Water Production $40,000 for additional employee (existing District General Manager), replacement of motor controls, chlorinating system, and buildings, and chemicals. Waste Water Collection $25,000 for replacement of motor controls at three lift stations and purchase of land to ensure access to Shady River Lift Station. Waste Water Treatment $90,000 for contract waste treatment through Gulf Coast Waste Disposal Authority. La Porte Area Water Authority $300,000 for construction of ground storage and booster pump station. TOTAL ADDITIONAL FUNDS $-515,000 If I can answer any questions, p,l_ease advise. SG/lw / 17 ,,. e Streets Street & Drainage Chemicals Total Solidwaste Residential Trash Residential Garbage Bags *Truck Gas, 0 i 1, M i sc . Sub-Total Commercial Landfill Total Water Production *Replacement Controls, Chlorinator, Bldgs. Sal & Benefits Total Wastewater Collection *Replace Control Systems (3) *Purchase Lot Total Wastewater Treatment GRAND TOTAL *One-Time Expenditures PUBLIC WORKS $15,000 5,000 $ 3,000 10,000 10,000 10,000 2,000 1),000 $15,000 25,000 $15,000 10,000 . $35,000 $20,000 $40,000 $40,000 $25,000 $qo.ooo $1)11).000 .;, e . r i I , "''''"-=-=-==-_~~o-~==~~-+- -~-~- ___......_.._ _ ...._...__.__.__. ____._______.._+________. __...____ . -. . 0-(-y~+S =-=-~.-,-L- -- 5;~~LLOr~-~-!:!.~Q~~-~-~~-- ....... -~~--~=~- - ~__ _d_ _0__ ;.~_., _...._~1_':_~.LL.___. .._...fi~.'2.~.. .. .. . ! Tt> f.r-r- ( t Uj C () c) ......____..,.+--__ ._.....__.______0._ _._._.. J. 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"__ __ ______4.4.10 1"..( ~ 'i o,otJ cJ .______ ~~-.-~- _ __ _..._T('~..~__....__.__ __J~.t.~~_~____~___.o.._ .. .' ... __.___ ...-.---.1 _. ...._o.C~J?iIL(!}.~'SC-. ~,o"._c)_._.__... .... ... ._ ....._._. ...._.___._.~---_--.. .5c)1IC!.ftt.L.L~O.() () ... . _d. ..__ ".' .. _____0.0____ I ... _ _ ......l _. ..._.__.__. ...,... ,. _ ... .._. .... .,.. ..__ .. ._.____ __0__.... - -.- ----1 At:. ~V'o(~ucfto.J -'.' .. .0- ...1----', ..-- . .~,- ----.--- . -- .---.-.-.- . . . --. . --.. -.------. - -.---- ;tf----J- - -j5.~~~~~ . ~~ I~l (~/QrJ~ &lrlp___t.J_~ t2.Q.P .- 0,. .~.". __; ..--_~lt_I_.\ e,~lf~~t!_______._._,__ O,,>..p". " ~.2.S;_gt?_o _ . ....__._. _'_'"_ ....__ __... .____~----.---- _~__"_____"'.'_" '" . ,-_~. ___.~'iOI-QO'{J- . I 'i .. _ ._... _.....__. _ .. ~~.f1.~~__._?ktIt~.~--_-----.. . -' . .rR..'-~~--.._.~~-- ~fr:~( 5~o~~ ~JJ. --_ --.. .l.5;.Og9. . u.._..7~__..,~ __ ?~~. _ .~j-____...___._.._._.__. '_0' tOJr;!.qo t -.- ... __ __... + ___ _.._0._. _ .___ _ . r:J)~ l . . __. ._.2~.Qc2 c2 _ ___ ._ .... - -..- -j..i.. .. ... -..-- ..--- -.-..... -.. - . . ---. '/iJ~frC. Tff.A1n~ _.....- . -... '1 . ..-....-----.- I .Jr 70000D -- .- -- - -.,,1 .... Y"' . tJ 7 4a.R. _...._.._.__._._,~. .....- ...-... 5-/5....0~O .._ ---0.'.. -- -- I . -:T- - -, i>...rJe..-:+i'~ ~f-r..4t'.~--._.-.-._..- " 1.~1 , . e ... CITY U~ LA POHTE INTEH-UFFICE MEMOHANDUM JANU^R~ 2~. 19MN TO: John FROM: Stan Joerns, Assistant City Mana~er lY' Sherwood, Director Parks & <<ecreati~ SUBJECT: Bay Mud Annexation .' : .... The only question that the report did not address or answer that could have a significant impact on the Parks Division is whether or not the Lakeland Groups have recorded their plat for thelr subdivision. With our park dedication ordinance. this would bring in much needed park land for the area. . .. ; ~ ~;l The only other impact the Parks Division could see in the long run would be to bring the area into compliance with the comprehensive plan for park land and beautification plannin~. I 1'1 ..~, t ",.1 I;{ ," "\ SS/ms ~lt~lK. ~ /.31 . e CITY OF LA PORTE INTER-OFFICE MEMORANDUM TO: Steve Gillett, Director of Public Works FROM: DATE: Robert T. Herrera, City Manager /-0:\\\ January 29, 1988 u~ SUBJECT: Annexation Analysis '. ' l' . Today (1-28-88) I received and read your memorandum dated January 27, 1988. You are authorized to solicit answers to the questions you raised in the above referenced memorandum and the unanswered questions you passed on November 19, 1987. Please contact the following people in the order designated. John Albanese at 474-4100 followed by Clark Morris at 471-5205 (office) or 471-2565 (home). They can arrange for personal observation and inspection of BayMUD District facilities. Please complete your review by Friday, February 5, 1988 and inform me of your.findings. RTH/jb cc: John Joerns, Assistant City Manager /.3'1 It e ,: rf68 , Ii $- w t')~ ~ ;s~/lfJ ~ ;}/BB . :i ~/4.N ~P!fwJ~ Ye#aJly ~ r~ ~ hi-'aWc~~ / I:I~M~ ~. wJ 4e {34(IIM ~o/ '€er~ :;1 r/o DUlL ,fh;Jrpqfu;0 C(/ie.s1Zoifs. .11 '1 I. iil ~~y /;9/fj8 511-# Wt?O.. 10 Iu;w ~ p.etffa') I: 't? /a,pteUr/j,j cA)~/rftJ.k{!'/~~.<JS ;. ~~ o.-fj a1~e-) ., If .. ,! ;': " :1 ~ d . , '\ :i e~ .1 ;) :1: fJ /.JIG I" 1!:~o/ ~ !l F~tWce. ., '.' " f)~~el ir ~I( tf) CoJ.l.H-. /lw. ~ ~) f~ IJfI 0/ f D. :i! '*.lL k;'t' kk ..4 ~ ..va. ~ I' r1{lJ i~ rSP~e::l IP(tIv .yi,sit;s f c.d~ :: ~ ci-4<t1-. I. f3q.3Wt;ss f-=/2e- o./,ou:/;' ~JdI/.-!i1 f J ~ '( f/ i1~4 lB~ oi/ 6 ~IL I2eVl.f!~ ie. ~'1~ / /ff:i-s) 0,0 ,$0JlP.- iP q.s ~'jJ~tLeZ. ..: ., , :i I ! '. j, "~: " " .' . ' A~ L. ~ ;C h~el ~ f ""t..le... ~ ~; 4- IL/te.. 1.,0 i&H,S 0.:> ~ )rdL ~ ~J ~ j&- d1iJeAJr~ &J(&.. f rf ~ vdb M- J~PIJ& W ~ ~. i:$9't~ ~Wfv~ev~~~ jJ~u~~ '. .,1 ~) ~e ;~. I' -.~ e - --- - --- ----. ... - - . - -- - -_. --------- J j~ffidwr If?1 r' I~) /1t!! ~ 'l, 190ft /11U;.' 1$1 I'll" ~-!r: t! / '1",f I (..10 " . I .~~~~JrL :t:l ~ ;?J'J'~~' I SERVING THE ENTIRE GULF COAST - 24 HOURS A DAY P.O. BOX 57746 WEBSTER, TEXAS 77598 RCC-4388 ICC-MC 158749 II, II I I I I il Ii il I' I I " \ & OBSE:RVERS Title 3 "{., p. 1860, ct.. 723, 0 3. ~., p. 2074, ch. 681, 0 1. ~ode, art. 1.03, subd. 3. ".;";1 "[:'.d. TITLE 4. TIME AND PLACE OF ELECTIONS Tables Disposition and Derivation Tables are provided at the front of this volume, providing a means of tracing repealed subject matter into the Code and, on the other hand, of searching out the source of the new Code sections, CHAPTER 41. ELECTION DATES AND HOURS FOR VOTING ..... .~. i'I': i~~ SUBCHAPTER A. ELECTION DATES i~ :-icction ~ 1.001. Uniform Election Dates. 11.002. General Election for State and County Officers. ; 1.003. Authorized November Elections in Even-Numbered Year. ~ 1.004. Special Election Within Particular Period. ;1.005. General Election of Political Subdivision Other Than County. ! 1.006. Adjusting Election Schedule. 11.007. Primary Elections. -H.OOS. Effect of Holding Election on Improper Date. [Sections 41.009 to 41.030 reserved for expansion] ,..,. ;. ", . . :" .;: . .i '"li'. ~ ' SUBCHAPTER B. HOURS FOR VOTING ~. , :~ ~~ -11.031. Voting Hours. ,11.032. Voting After Polls Close. Cross References Application of this title to joint elections except as inconsistent with chapter or as cannot feasibly be applied to joint election, see 0 271.001. Home rule cities, see Vernon's Ann.Civ.St. art. 978a. SUBCHAPTER A, ELECTION DATES j; ~ :1 'l" ,'! ~ ~ 9 41.001. Uniform Election Dates (a) Except as otherwise provided by this subchapter, each general or special election in this state shall be held on one of the following dates: (1) the third Saturday in January; (2) the first Saturday in ~ ~ 1 V.T.C.A.Elec.Cod9-9 207 U -.! :'1 .' .i " II I , :11 'II .11 i I I!! iii r ~ ! e 'e ~ 41.001 TIME AND PLACE OF. ELECTIONS Title .. (3) the second Saturday in August; or (4) the first Tuesday after the first Monday in November. (b) Subsection (a) does not apply to: (1) a runoff election; (2) a local option election held under the Alcoholic Beverage Code; (3) an election for the issuance or assumption of bonds; (4) an election for the levy of a tax for the maintenance of a public school or college; (5) an election to resolve a tie vote; (6) an election held under an order of a court or other tribunal; (7) a recall election; (8) a special election to elect the first set of officers of a political subdivision following its organization or reorganization if the election is not held simultaneously with an election on the question of the organization or reorganization; (9) an emergency election to fill a vacancy in office ordered under Section 201.053; (10) an expedited election to fill a vacancy in the legislature held under Section 203,013; (11) a confirmation election, director election, or maintenance tax election held in conjunction with the creation of a political subdivision under Article XVI, Section 59, of the Texas Constitution that will furnish water or sewer services to household users; (12) an election held by a political subdivision using the convention method of election; or (13) an election held under a statute that expressly provides that the requirement of Subsection (a) does not apply to the election, Historical Note Prior Law: Acts 1951, 52nd Leg., p. 1097, ch. 492, ~~ 9b, 32c. Acts 1965, 59th Leg., p. 777, ch. 368, ~ 1. Acts 1967, 60th Leg., p. 1868, ch. 723, fi 14a. Acts 1975, 64th Leg., p. 2295, ch. 715, ~ 1. Acts 1977, 65th Leg., p. 2032, ch. 811, fi 2. Acts 1979, 66th Leg., p. 503, ch. 234, ~ 1. Acts 1981, 67th Leg., p. 888, ch. 314, ~ 1. Acts 1981, 67th Leg., p. 2401, ch. 607, ~ 1. Acts 1983, 68th Leg., p. 322, ch. 71, fi 1. V.A.T.S. Election Code, arts. 2.01b(a), (d); 4.12, subd. 4. Elections e=38. C.J.S. Elections ~fi 76, 77. Library References Tex.Prac., Municipal Law and Practice, Chs. 2, 14; Appendix A. 208 .......,... DATES & Ch,41 Construction l! Provisions mal 1. Constructil Legislature I: dates, to amen necessary, and utes it created; authority of I! State. Town 0 reI. City of VI S.W.2d 610, ref Under Const. tion to fill a val 120 days from d it was impossib: within the 120.d election could I uniform electiOl V.A.T.S. Electio see, now, this 41.008), or on ; the Governor u Election Code, now, ~ 201.053). DAD-23 (1982). City of Aust endum election j subd. (a) of V. 2.01b (repealed; ~~ 41.003 and 4 ion No. DAD-30 A nuclear arn not be included special election submitting bond scheduled for 1982, as bond I uniform date re V.A.T.S. ElectiOl see, now, this ~ 41.008) while no tions were not election date re Election Code. . ~ 41.002. ( The genera first Tuesda~ years, ~ ,:~. ., e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM FROM: DATE: Bob Herrera, City Manager Doug de la Morena, Human Resources Manage~ 12-14-87 TO: RE: Annexation Questions by Subject Matter The attached document is a compilation of the questions posed by the various departments regarding the proposed Bayshore MUD annexation by the City of La Porte. I have sorted the questions by the following subjects. Public Safety - all questions dealing with police, Fire and EMS services. Financial Administration - all questions dealing with the assets and liabilities of this annexation. Legal Issues of Annexation - all questions dealing with the legal aspects of annexation (i.e. voting rights etc...). Public Works & Community Development - all questions dealing with physical infrastructures. Parks & Recreation - all questions dealing with parkland and recreation administration. Administrative & Political - all questions dealing with the administrative transfer of responsi- bilities and the political rami- fications of this annexation. e e PUBLIC SAFETY 1. Is the Bayshore M.U.D. presently under any security contracts for Police, Fire, or EMS services? If so, are the contracts long term, short term or mutually severable? When do they expire? :2. Does the Bayshore M.U.D. have a staff to provide permanent security services to its citizens? If so, it must be remem- bered that they may not be simply absorbed by the La Porte Civil Service. 3. Does the Bayshore M.U.D. own or lease any security equipment such as radios and vehicles? If so, can such equipment be easily transferred to the La Porte Police Dept? ,q. Are statistics available demonstrating the number of public service calls over the last calendar year? 5. What are the number of single family dwellings? What are the number of multi-family dwellings? 6. How many businesses are presently operating in the Bayshore M.U.D.? Of these businesses, how many if any, serve alcoholic beverages? 7. What is the population of Bayshore M.U.D.? What are the population projections for the future? 8. Will annexation of the district require additional police, fire or EMS personnel, equipment or facilities? 1. :2. 3. 4. I- .) . 6. 'r . B. 9. '10. '11. 12. . e FINANCIAL ADMINISTRATION Does the Bayshore M.U.D. have a fiscal budget? If so, what are its assets and liabilities and who administers the budget? What are the District's primary sources of revenue? Using the assessed value of the annexed area what will the impact be on the City of La Porte's property tax revenue? Will tax revenue generated by Bayshore MUD's citizens be adequate to cover incremental expenses resulting from the annexation? What is the District's bond indebtedness? Will La Porte's bond rating be affected positively or negatively by this annexation? What will be the impact on the City's debt payment program? What are the District's unfunded liabilities? Are there any "unbooked" liabilities? Does a detailed district property inventory listing exist? Are the District's recent tax rate decreases justified? Will enough cash and cash equivalent assets exist to retire bonded indebtedness? Bonds may be retired on September 15 of each year in whole or in part, on an interest payment date by paying bond holder at par in addition to unpaid accrued interest. Are utility customer accounts current? What are the utility rates for MUD citizens? Are there projections on water and wastewater revenues for the district? Are bonded indebtedness mechanisms in place to cover the improvements needed to receive surface water? Has the district received or does it currently receive either federal or state funds? If so, what funds and under what mandates and conditions? . . . e LEGAL ISSUES OF ANNEXATION 1. How does the La Porte City Charter address annexations? 2. How would this annexation impact the make-up of our current City Council? 3. What impact would this annexation have on election expenses? 4. Can the District produce a listing and copies of its contractual obligations with outside parties? 5. Can the City annex the two pieces of territory without considering annexation of Shore Acres? 5. How does this annexation conform with the Voting Rights Act under the U.S. Dept. of Justice? Will this annexation diminish the voting strength of any identifiable minority population? 7. What are the liabilities associated with the addition of new City territory? What liability would we incur as we traverse Shore Acres to service the two areas annexed? 8. What type of contractual obligations would the City be inheriting by annexing these two areas? Are there any assumable liabilities (contracts, agreements, judgements, judicial orders, etc...) which are not readily apparent? 9. What will be the effect on the City's property and casualty insurance premiums as a result of additional territory and corresponding services? 1 . ? ~. 3. 4. r ~. 6. 7. B. 9. e e PUBLIC WORKS & COMMUNITY DEVELOPMENT Is there an inventory of existing streets, drainage systems, right of ways, and traffic control devices? What are the capital and operational costs needed to maintain and improve streets, drainage and traffic patterns? What additional equipment and personnel will be needed to maintain the increased physical infrastructure? What is the status of the utility lines in the annexed areas? Will the City have to replace many feet of water and sewer lines? What will become of the sewerage produced in this area? Will the City have to enter into an agreement with Shoreacres to transfer or dispose of this sewerage or will La Porte have to reroute utility lines to an already burgeoning treatment plant? What is the number of residential and commercial customers to be additionally serviced? What rates would these new citizens be billed at for solid waste pick up? What is the estimated revenue from this solid waste pick up? What contracts or agreements does the district currently have to manage its solid waste needs? Is it a contractual service or is it done in house? What additional capital and operational costs can be expected in servicing the annexed areas for public works needs. Are there any physical constraints to efficient collection of the district's solid waste such as condition and geometry of existing streets? Is there an inventory of water wells, storage tanks, and booster pumps along with a listing of their condition or operational problems? 10. What are the capital and operational costs needed to receive surface water from the La Porte Area Water Authority? What alternative supply contracts are available or have already been entered into? 11. What type of metered connections are there in the district and what are their locations? e e 12. Is there an inventory of water mains, distribution lines, valves, fire hydrants- complete with their conditions and known operational problems? 13. Is the size and type of water mains and hydrants adequate for the district's fire protection? Is there a current map outlining the location of all valves and mains in the district? 14. Has the district had or does it currently hold a maintenance contract for its water distribution? 15. What are the problems associated with the division of the district by the City of Shoreacres? Are there contractual and physical problems with water transmission rights? 16. What will be the capital and operational costs needed to meet State standards and distribute surface water from receiving points as well as through a loop system to La Porte 17. Is there an inventory list or schematic of the district's collection system, lift stations (including infiltration), mechanical and electrical systems, and special facilities such as stream crossings, and joint ownership of force main transmissions to treatment facility? Does this listing include condition and operational problems experienced? 18. Does the district have any current maintenance contracts or agreements for the collection of wastewater? What will be the capital and operational costs needed to maintain this current system? 19. What will be the capital and operational costs of diverting flows to the La Porte Wastewater Treatment Plant? What effects will this additional flow have on the La Porte Treatment Plant? 20. Is there a current systems map with locations of all manholes clean-outs, and other special facilities. 21. What problems can be expected with the division of the district and Shoreacres in regard to the transmission of wastewater? 22. What is the district's contract status with the Gulf Coast Waste Disposal Authority? Does the district have any contracts with the City of Shoreacres for the disposal and treatment of wastewater? 23. What will be the capital and operational costs to divert flows to the La Porte Treatment Plant as opposed to the cost of constructing a new treatment plant or maintaining the . e 23 (continued) current contract? 24. What will be the bonded indebtedness requirements including the improvements necessary to receive surface water? ;~5. How do La Porte's water and sewer rates compare to those of the Bayshore M.U.D.? 26. What is the status of Bayshore M.U.D. 's contract to purchase water and how long will contract exist after annexation? ... .i 'I. ') 1- . ]. lL .- ., . . e PARKS AND RECREATION What additional parkland will need to be purchased as a result of the proposed annexation? What existing parkland or recreational areas does the district own or lease? How are these facilities maintained? What effect will the influx of new citizens have on the City of La Porte's recreational programs? What will be the cost of such new or modified programs? Will the new Little Cedar Bayou Park suffice as recreational parkland for the annexed areas? How does the district currently maintain parkland and esplanades? Is the maintenance contractual or in-house? .":' . . . . e ADMINISTRATIVE AND POLITICAL ISSUES " . Why does the district wish to be annexed? " 1- . What effect would the annexation of the tax revenues for the City of La Porte? tax rate lower or higher than the MUD's how will the annexed citizens respond? district have on Is the La Porte tax rate? If higher, 3. How would the proposed annexation affect the City's property and casualty insurance premiums? How will the annexation affect the City's key rate for fire insurance purposes? 4. What liabilities will the City incur as it services the annexed areas while traveling through the City of Shoreacres? ~5. Within 3 years of annexation what will the City budget be if the annexed area were costed out by City department? 6. Does the district have any contractual obligations other than those already listed which the City would inherit in terms of liabilities or assets? '7. Will the City of La Porte have to hire or absorb current district personnel? What will be done with the existing district facilities? B. What is the population of the district? Are there population forecasts? What businesses reside in the district? 9. Does the district employ workers? If so, how many and how are they administered and compensated? Will the City have to absorb any pension funds or insurance "tails"? 10. What general administrative services does the district manage for its constituency (public works, public safety, code enforcement, utility, animal pound, etc..) Who administers these services and how? 11. Does the district have a master plan for its community development? 12. Does the district have elected officials and a district charter? If so, how does this charter treat possible annexation? What are the responsibilities and authorities of the elected officials, if any? ~.." .... v . e " 13. What are the demographic char~cteristics of the district constituency? Is there an identifiable voting block or overwhelming social. issue at present that will affect the annexation vote? 14. What are the district's landmarks? Does the district have a blighted or economically depressed area? What are the district's major industries or businesses? 15. Will the current City staff be sufficient and capable of administering a suddenly larger city? If not, what changes in City staff might be necessary? How will this impact future City budgets? 16. What effect will the possibility of higher taxes for district residents have on the La Porte political scene? 17. Can the City seriously consider annexation of the district without considering annexation of Shore Acres? Is annexation of Shore Acres a viable possibility? Would it be cost advantageous or politically advantageous to attempt such an annexation? ....~... .- .- - J " CITY OF LA PORTE INTER-OFFICE NEHORANDilll FROM: Jack Owen City Manager D.~en Chief Building Dfficial DATE: June 23,1983 TO: SUBJECT: Impact of Annexation Annexation of the three municipal utility districts will have a relatively small impact on the Inspection Dept. Each district will be addressed seperately.. ~ Spenwick MUD can be broken down into two relatively distinct areas, ~ommeCcially developed property and residential. The main commercial area fronts West Main between Underwood Rd. and Canada Streets. With one exception these commercial activities are compatible to uses in our current zoning ordinance. The exception is a large fab- rication shop that will by necessity become a pre existing use. The improved residential areas are about 80% developed. This area . is north of Carlow Ln. and east of Canada St. About 10% of this area contains light commercial. The. Inspection Dept. will be imp~cted by an increase in weed complaints, '. junk car complaints and dangerous buildings. The large number of non conform- ing uses will make the present zoning ordinance very difficult to enforce. Spenwick alone will not require an increase in personnil but the annex- ation of anyone of the other areas may require this. Bay MUD is a predominately residential area. It contains several small subdivisions. The commercial development fronts S. Broadway and is composed of light retail and apartments. There is a heavier concentration of mobile homes in this MUD than either of the others. The mobile home parks are in fair to poor condition. The impact of Bay MUD will again be health orientated ie. weeds, junk cars and dangerous building. College View }ruD is about 99% residential. There is one active sub- division that will cause a definite increase in inspections. At present I estimate between 40 and 50 more homesites are buildable. The impact of either Spenwick MUD or Bay MUD will be minimal. If either of these are annexed alone preseQt staff levels can be maintained. College View MUD will require at least one additional inspector and possibly one additional inspection clerk to handle the increase in new residential inspections. If any two or all of the districts are annexed the increse in staff . 2. e t I ~ and supplemental equipment will be ess~ntial to provide same level service. All of these requirements are outlined and described on supplemental budget requests already turned in. I do not consider the impact of dangerous buildings of {minant importance. This has been a service to La Porte but is secondary to providing the required inspection services to new construction. In future budget years funds can be alloted to increase the dangerous buildings program to include newly annexed areas. If I can supply you with any other information please contact me. . .f ~ "l .,; ... . .- .~ .' ~INISTRATION CITY OF LA PORTE INTER-OFFICE }lliMORANDUM TO: Jack Owen .. DATE: June 23,' '1983 FR0l1 : Joe Sease SUBJECT: Effect of Certain Annexations on the. Fire Department Spenwick Place MUD . . . We are presently providing fire protection to Spenwick Place MUD. Annexation will not effect the present operations of the Fire Department. a. Collegeview MUD We protected this area at one time. Approximately five years ago we reached an agreement with Deer Park Fire Department to provide first response protection under the County contract. If we annex this area, no problems are anticipated in providing protection'with existing manpower and equipnent. Bayshore MUD This area is an entirely different matter. The Shoreacres Volunteer Fire Department presently protects this area under the County contract. If we annex this area, I think that we would force the Shoreacres Fire Depart- ment into serious financial difficulty as they can not econanically support a Fire Department on their own. .A station should be established in the Bay MUD area. The response time from our existing stations is too great. We propose to take over the exist- ing Shoreacres Volunteer Fire Department equipnent and man the station as we do our others. This plan would also benefit the southern end of our existing City. The Shoreacres Volunteer Fire Department presently has two rrodern fire trucks. .One of these is payed, for and approximately $24,000.00 is owed on" the newest one. The existing station could be renodeled to provide living quarters for the paid personnel. Consideration shou~d be given to building a new station at a higher elevation in the future. The cost to provide the above services are listed belON and are based on current salaries and equipnent costs. 3 paid firefighters Remodeling station Payoff notes on fire truck Purchase needed equipnent to update units This can be covered over several years............. $ 91,043.00 23,500.00 24,000.00 Maintenance & utilities 51,750.00 1st. year $ 34,100.00 2nd. year 17,650.00 9,350.00 Total Cost $199,643.00 ... ,#. . j. , , , r .' I I Asnlinis:tration IS Fran Joe Sease ec- June ~3, 1983 Page, . . .. Armexation of these areas may also require the splitting of dispatching service in the future. The present dispatchers may becane overloaded. If this occurs we propose doing what other cities in th~ area have done. The Police deparbnent would do their own dispatching and the Fire department would dispatch for all other departments. ~ CITY OF ~\. PORTE "i .- :;i\id;::;;i:~:~i;:jJ . - .. PHON' ..,Itf:ii::_]~_;,:,::5Iki::;:~:i;L~ . (713) 471.5020 . P. O. Box 1115 . L.A PORTE. TEXAS 77571 ";":~~:;;;::~~~'~:;.<:_!.~~~:'::~i~t: ~. :~.:;f~~~~~;~~~k;ill~~:~;~~~~~:~~:~,~~~:~~~Z~~izii:~: May 21, 1980 Mr. Clark Morris, President Bayshore Municipal Utility District 707 Shady River Road La Porte, Texas 77571 Dear Clark: The La Porte City Council has individually and collectively reviewed and discussed the proposed Harris County Fire Protection contract that includes zone 11 and the proposed Fire Protection agreement with BMUD submitted by you in April of this year. We, as individuals and collectively as the governing body of the City of La Porte, are very sensitive and understanding of your situation and circumstances. And, this Council has, where possible and consistent with long-standing policy, assisted BMUD in every way possible. We will continue in that posture. In the above matters, however, the Council, after much deli- beration, has agreed to execute the.contract with Harris County excluding zone 11 and Fire Marshal/fire prevention/investigation services. In addition, the Council has determined that it is not appropriate considering all circumstances to enter into an agree- ment with BMUD for the services outlined in your proposed agree- ment. Our Fire Department will, however, continue to respond to BMUD under the provisions of Mutual Aid. Thank you for your understanding of our position. <::::: Sinc~~ -- (J _ J. J. Meza, Mayor City of La Porte JJM/cb cc: Council Knox Askins File '-. I /"",,-0' :.. \: / ~ CITY OF t!: PORTE ~..' -~-. I " .0 -- ..'.... -.... ":\ PHONE (7131 471.5020 . P. O. Box 1115 . LA PORTE. TEXAS 77571 "' ~ October 24, 1978 The Honorable Rowe H. Hqlmes, Mayor and the City Council CITY OF SHOREACRES 619 Shoreacres Boulevard La Porte, Texas 77571 Re: No. 1,149,395; State of Texas vs. City of Shoreacres and Bayshore Municipal Utility District; in the 11th Judicial District Court of Harris County, Texas Dear Mayor Holmes and City Councilmen: Your letter of October 10, 1978, addressed to the undersigned, enclosing a copy of City of Shoreacres Resolution No. 196, has been carefully reviewed by the La Porte City Commission, which, following our joint meeting today, has authorized this reply by its attached resolution. The La Porte City Commission agrees with the conclusion of the Special Master's Report, filed in the State of Texas-Shoreacres- BMUD litigation, to the effect that the sewage treatment needs of Shoreacres and BMUD could best be served by transferr.ing their wastewater to the City of La Porte's central plant, for treat- ment, and discharge of the treated effluent into Galveston Bay, thus eliminating the present Shoreacres-BMUD discharge into the Clear Lake watershed. It has been the consistent position of the La Porte City Commission that the most economical and efficient means of accomplishing this result, would be inclusion of BMUD and'Shoreacres within the cor- porate boundaries of the City of La Porte, by means of La Porte's annexation of BMUD, and the consolidation of the cities of Shoreacres and La Porte. By so doing, the residents of Shor~acres and BMUD will have the opportunity to share in the long-range planning, engineering, and financing of the expansion of the City of La Porte's central treatment facilities, so that such facilities may handle the wastewater treatment needs of the entire La Porte-Bay shore Area in a cost-efficient manner, with minimal environmental impact. ,~ -~ ~. City of Shoreacres La Porte, Texas Page 2 10-24-78 It has long been the policy of the City of La Porte to enter into sewage treatment contracts with other entities, only in cases where the territory to be served is within the exclusive annexation jurisdiction of the City of La Porte. Thus, our only current contract of this type is with Spenwick Place M.U.D., which is the exclusive extraterritorial jurisdiction of the City of La Porte. Although the agreement with Spenwick Place M.U.D. is a long term contra~t, the City of La Porte has the right to unilaterally annex the area at the appropriate time. The contract was necessary for Spenwick Place M.U.D. to com- plete its E.P.A. Grant Application for federal funding of its sewage collection facilities. Attached to this letter are copies of letters from the City of La Porte, to Bayshore Municipal utility District, dated August 31, 1977, and to the City of Shoreacres, dated September 9, 1977. The La Porte City Commission wishes to reiterate that the statements of policy contained in these two letters continue as the policy of the City of La Porte, and it is the considered opinion of the La Porte City Commission that the procedure out- lined in the two letters will provide the most satisfactory solution to this pressing problem for all parties concerned. In addition, the inclusion of the three entities within one city will lead to improved efficiency in other areas of govern- mental services, and will provide much-needed basic municipal services not now available, to the unincorporated BMUD area. We appreciated the opportunity of meeting with you and Shoreacres City Council to discuss this and ~ther matters of mutual concern. Yours very truly, CITY OF LA PORTE By J. J. Meza, Mayor For the City Commission JJM: jm Enclosures -. ..- .. '-', City of Shoreacres La Porte, Texas . cc: The Honorable Wrn. N. Blanton, Jr., Judge 11th Civil District Court Harris County Civil Courts Building Houston, Texas 77002 Mr. Harvey Davis, Director, and Mr.. Dick Whittington, Deputy Director TEXAS DEPARTMENT OF WATER RESOURCES P. O. Box 13087, Capitol Station Austin, Texas 78711 President and Board of Supervisors BAYSHORE MUNICIPAL UTILITY DISTRICT 707 Shady River Road La Porte, Texas 77571 Ms. Linda Wells Assistant Attorney General 723 Main, Suite 610 Houston, Texas 77002 Page 3 10-24-78 , ..~ .. CITY OF ~ PORTE PHONE (713) 471.5020 0 P. O. Box 1115 . LA PORTE. TEXAS 77571 ,~ '.:;1' ..... -, ".. .. ~,.!"a '" October 9, 1978 Mr. Hal Neely Houston Galveston Coastal Subsidence District P.O. Box 58847 Houston, Texas 77058 Dear Hal: Enclosed is a copy of a letter that I sent to each of' the Subsidence Dis.trict members listed in the letter , in regard to surface water requirements. I thought you would like to have a copy for your files. ~ Cordially, () -f l, 7/t(,tt.t;~1/V j/ <1 eiJ J. R. Hudgens City Administrator JRH/cb Ene. . r- . '1 I er CITY OF ~ PORTE PHONE (713) 471.5020 . P. O. Box 1115 . LA PORTE. TEXAS 77571 i .I I :L.__~..., . .., I . i I .i .... , o. ""1'. ~., . . .... ." .-~ . " .-:'" . .. woo ._,.. ... .:- ...., . ," ... ... ........ -._.(1"",. .~ ...... .. 41 " .--'''' ............ :".- . . _'. . ......... ..0. ._1... ...,.._..' ...... .......01'._...._.._....... ...... ..,... ...... . ........ ....-... .-. . . October 9, 1978 Bayshore Municipal Utility District 707 Shady River 'La Porte, Texas 77571 Gentlemen: The City of La Porte is preparing to move forward in the obtainment of surface water for the Bayshore area. As you are aware, the City of Houston wilI require that ''Ie execute a "take or pay" contract for three million gallons of raw water per day for an annual requirement of one billion ninety-five million garlons. The City of La Porte, by itself, has an immediate need for approximately fifty percent of this amount. The re- maining amount is available to others in the Bayshore area, like yourself, who are interested in initial participation in the project. Due to' the nature and magnitude of the project., we feel that each participant must have as much valid data 'as possible on which to base their decision-making process. Therefore, we pro- pose to solicit proposals from qualified engineering firms to develop a detailed engineering and feasibility report. The scope of the report will include such items as future water de- mands, location and sizing of distribution infrastructure for both .raw and potable water, location and size of the physical plant for treatment and storage, and costs associated with bringing the project to fruition. The following is a listing of the participants we envision being involved in the project and the pro rata percentage of the cost. of the engineering and feasibility report that each partici-\ pant is requested to underwrite. City of La Porte Bayshore NUD Builders Supply Chcmlintc Corp.: .Chemetron . ColJegc Vie,,, NUD .-l"'-,:-;;:"';'O:--d~^ _. ....~J_l.&..1J_~.L:-.1 City of Morgans Point PCilrsilll Chcm1cal SouthwCDt Chemical City of ShorcLlcrcs Spcm"ick NUD 'l'enncco Oil 57.58% 10.84% .55% 2.46% 3.09% 5.55% 2.96% 2.96% 1.06% 3.19% 5.92% 2.4G% 1.38% On> I"~ <<' ... . . .~ .' ~ '. .. 2 .. These percentages were developed by taking each particip~nt's estimated water.usage for fiscal year 1978-1979 as a percent- age of the gallonage of the proposed take or pay contract. If the participant you represent is agreeable to underwrite its delineated percentage of the aforementioned report, please let me know by written communication. Upon receipt of ietters of commitment of those interested .' in participating in the project, we will proceed with engineer- ing proposal solicitation. Following the selection of an engi- neer we will convene a meeting of all participants to finalize any remaining items prior to executing the engineering contract. If you need any additional information, please contact me. We look forward to working with each of you for our mutual benefit and the betterment of the entire Bayshore area. . 2~;;i~p Q: R. HUd~k~ . City Administrator JRII/cb cc: Houston/Galveston Subsidence District .... . . . . . . ""/~;r~"':'.~ , ~: " CITY OF4fA PORTE PHONE (713) 471.5020 . P. O. Box 1115 . LA PORTE. TEXAS 77571 ,,'<'. JO'.r' ". "~""~'''~.'~!.::<':f'':~:,~"",,,,/''''''.-:.:-.....'':;.~,.. ..,!""':... ..~o"" ""." 0" ....\ .:..- ~ .' .. . ,":".' "..~. -...... ... ..:'...0.. . .. December 29, 1977 Texas Department of Water Resources P. O. Box 13087 Capitol Station Austin, Texas 78711 Attention: RoBert G. Fleming, P. E., Director Construct ton Grants and Water Quality Planning CITY OF LA PORTE CONSTRUCTION GRANT C-48-1176-01-0 Thank you for your letter of December 21, 1977. We are aware of La Porte's ranking of numBer 140 on the large cities list in the second ranking group for Fiscal Year 1978. It has also Been brought to our attention that the next revision of the Priority List will not Be until next October. We under- stand that the revision at that time will most likely be accomplished with a new Priority Rating Process that could enhance La Porte's position significantly. As you stated, by that time; it is possible that the State of Texas may have been given a multi-year allocation that wduld make Step II Funding possiBle. Our engineers, Busch, Hutchison & Associates, Inc., after visiting with you on Decemoer 16, 1977, have i"nformed us that Bayshore M. U. D. cannot be con- sidered for an ammendment to La Porte's Step I Grant at this time for several reasons. In view of tilts, we would like for you and your offices to final out La Porte's Step r Grant so that we will Be prepared to act quickly when a Step II 'grant application is 'offered. At the same time, we will be monitor- ing Bayshore M. U. D. 's status in relation to the Attorney General's suit and annexation possiBilities if Shoreacres should relinquish their extra ter- ritorial jurisdiction rights. Please advise us as to when Step I has been finalized. If there is anything else that needs to Be done or questions answered, please contact our engineers. Sinc~rely'-, ...C.....~..-~ . 4"-'=';::::'_~ /.......-l"L --. ...--' . ."\ ..... . J. J. Meza, Mayor JJ~1/ps cc: Bayshore M. U. D. Busch, Hutchison & Associates f:&~ -- e- '. !t. CITY OF LA PORTE J ~. PHONE (713) 471.5020 . P. O. Box 1115 . LA PORTE, TEXAS 77571 I , I ~'''' . . . '- ,- ''to.. . :> I . --........; ;:7 ~(::..~ -~._.._~ ~.,~____ '__ .'J' e-............ ",--""", ,-------. September 9, 1977 The Honorable Mayor and City Council City of Shoreacres 619 E. Shoreacres Boulevard La Porte, Texas 77571 Gentlemen: We understand that the City Council of the City of Shoreacres will consider releasing Shoreacres' extraterritorial jurisdiction over Bayshore Municipal Utility District, so that the District can be annexed by the City of La Porte, at your meeting of September 19, 1977. We further understand that there might be an interest on the part of the City of Shoreacres, in consolidating the City of Shoreacres with the City of La Porte. Our City Attorney has advised us that this would be possible, once the City of La Porte and the City of Shoreacres become "adjoining and contiguous to each other," which would be the case following the annexation of B.M.U.D. by the City of La Porte. We are advised that the consolidation would then be accomplished under Article 1188, Revised Civil Statutes. These provisions of State Law provide for an election to be held first in the City of Shoreacres and, if this election is in favor of consolidation with La Porte, than an election would be held in the City of La Porte. Upon favorable passage in the City of La Porte, the former City of Shoreacres would be merged into and become a part of the City of La Porte. This matter has been discussed by the City Commission of the City of La Porte, which has authorized me to advise the City of Shoreacres that, should the citizens of the City of Shoreacres vote favorably for consolidation, in an election to be held after La Porte's annexa- tion of B.M.U.D. establishes a common boundary between the two cities, then the La Porte City Commission would view with favor, and would actively support a favorable vote in La Porte on the consolidation question. 1. .. . &1,. . --', City of Shoreacres - 2 September 9, 1977 We would be happy to have our representatives meet with your representatives at an early date,' to discuss this matter further. Yours very truly, CITY OF - .--:- J. J. Meza, Mayor For the .City Commission JJM/fh cc - Mr. Robert G. Fleming, P.E., Director Central Operation Division TEXAS WATER QUALITY BOARD P.O. Box 13246, Capitol Station Austin, Texas 78711 Ms. Linda Wells Assistant Attorney General 723 Main, Suite .610 Houston, Texas 77002 President and Board of Supervisors Bayshore Municipal Utility District 707 Shady River Road . La Porte, Texas 77571 AT """"-"--. .-r-:. r- ;:.. TO 1fr'~/ ---. SUBJECT :t. , /. i '..:.,;.~ DATE i. " ./ .I" ~ .;'/ .,~.~-~. '-,. . "7 "':;:"',.. / ./ -~!, ~~.. ,. '0' ~. ., ...'oW '......~.... " .~ ...~~- /,...L.,. !/ ; :.". ~'.-' ,--- (/ ;1(., ,,~-'. ../ . . .. i. ~'.~.... " .' ~ . 4''''/X ... ..... .. ,/ . ,/ .p <'. ?_.."'::-~~ : .. r. .r~/ 'JA~ 7: !:...~~' ~ ... r.... .I" ~,.. /. .,!" .I" 4-:..:-..;. ..r .- ..../ /z.....r_.; Y' " ::..... ,.,;~ L -"" /z..- 'X~ '" r , -" .I" ....4' '--~ ~'J ..'., , I .{'../~, ." c:; ,t? .~," " $."'. y. . .. -.... .0 , L "'-' -y <-# .r iJ . t.'" ~.- '" ,";1; ," .. ,/ ,.' ,1.~,. /"1 ",.~/". '0 ~ 4,.... - I'~r " , -...... /';" ,. /' "'t. . ,.' ... t'J /. /'. .... .1".. . .'- r .-I .. .I" - 0" /... -' ~ .; .' .. '- :. / ..<I.~ ., . i.." ./ ~ . I carbonl__ . ;/: .~',/ 0, / , , /. ---! , SEND PARTS 1 AND 3 INTACT. PART 3 WILL B~ RETUi~~D'WITH' REPLY. SIGNED , ~FOOM. 45 469 POLY PAK (50 SETS) 4P 469 DATE \ r . ;- , I'. ~. ,..' . -" .' / "",-<, , '. " -_, I '''', J .- CiTY OF fA PODrr~ 1L '\. .JL JL.J PHONE (7131 471.5020 . P. O. Box 1115 . LA PORTE. TEXAS 77lJ71 August 31, 1977 President and Board of Supervisors BAYSHORE MUNICIPAL UTILITY DISTRICT 707 Shady River Road La Porte, Texas 77571 Gentlemen: Several weeks ago, representatives of the Bayshore Municipal Utility District contacted the City of La Porte, with the request that the City of La Porte consider treating the District!s sewage. The District's sewage is presently being treated by the City of Shoreacres, under a permit issued jointly to it and the District, by the Texas Water Quality Board. The City of Shoreacres, we understand, has indicated to BMUD that it is the desire of Shoreacres that the treatment of its sewage be secured elsewhere "as soon as possible." It is further our understanding that the Shoreacres-BMUD sewage treatment plant is in violation of its State permit, and that enforcement orders and building permit restrictions have been issued by TWQB against both Shoreacres and BMUD. Subsequent to BMUD's request, our engineers have contacted the Texas Water Quality Board, and have received a letter from Mr. Robert G. Fleming, P.E., Director, 'Centra1 Operations Division, a copy of which is attached to this letter, which letter appears favorable to the City of' La Porte treating BMUD's sewage. A meeting was subsequently held at the City of La Porte between City and BMUD representatives and Mr. Fleming, to further discuss this matter, at which meeting Mr. Fleming indicated that the Texas Water Quality Board would view with favor an arrangement whereby the City of La Porte would treat BMUD's sewage. As we discussed in the meeting with Mr. Fleming, the inclusion of BMUD would necessitate amendment of the City of La Porte's . currently pending application for an EPA Grant for the expansion and improvement of La Porte's sewage treatment facilities. However, it appears that this can be accomplished with little delay to La Porte, if efforts are initiated in the very near future. It further appears that such a move would also be ~ , ~ - ~ BMUD La Porte, Texas Page 2 8-31-77 ~ advantageous to Shoreacres, which would be relieved of the burden of treating BMUD's sewage, and, we understand, could then enable Shoreacres to bring its sewage treatment facilities up to State standards at relatively low cost to the City of Shoreacres. .We understand that the City of Shoreacres has entered litigation against Bayshore Municipal Utility District, for the collection of sewage treatment fees, and, this past week, has filed suit against the District, in the nature of an injunction suit, ask- ing for Court orders that the District implement "an alternative source of treatment" before August 1, 1978. Shoreacres further alleges th~t it is "in the best interests of (Shoreacres) with respect to cost and the quality of the final discharge from the plant to terminate its treatment of (BMUD's) sewage." Under the circumstances, it appears that there would be no objection by the City of Shoreacres, and, indeed, that the City of Shoreacres would welcome any move by BMUD to have its sewage diverted to the City of La Porte treatment plant for treatment. You have furnished us a copy of your recent audit report on Bayshore Municipal Utility District, which we have in turn furnished to our fiscal adviser, Mr. Ernest L. Brown, Jr., President of Moroney, Beissner & Co., Inc. Attached to this letter is his reply of August 26, 1977, in which he recommends this annexation by the City of La Porte. In view of the foregoing, and after careful deliberation, the City Commission of the City of La Porte has authorized me to advise the Bayshore Municipal Utility District, that the City Commission is in favor of annexing all of the territory com- prising the Bayshore Municipal Utility District, and making it part of the corporate boundaries of the City of La Porte. Under State law, a total annexation of the District by the City of La Porte, would dissolve the District, and all assets and liabilities of the District would become those of the City of La Porte. The City of La Porte would take over the operation of the District's water and sewer facilities, and would also furnish general City municipal services, such as fire, police, garbage, and other services, to the District's residents. . :). / .- --. BMUD La Porte, Texas Page 3 8-31-77 " ~ The City of La :porte has the power to accomplish such an annexation by majority vote of its City Commission. No fur- ther action is 'required by the District's residents. However, the District lies within the extraterritorial jurisdiction of the City of Shoreacres, and it would be necessary for the District to obtain a resolution from the City of Shoreacres, releasing its ~xtraterritorial jurisdiction to. the District, and also releasing its extraterritorial jurisd~ction, where applicable, to a SOD-foot strip in Galveston Bay, which would connect the North and South tracts of the'District. Such a strip could be 'designed so as to exclude the properties of the Houston Yacht Club. In addition, the District should seek a resolution of its various pending disputes with the City of Shoreacres, and, if possible, agreement on a monthly sewage treatment fee to be paid to the City of Shoreacres, until such time as the District's sewage collection facilities could be connected to the City of La Porte's facilities, following the annexation. As I pointed out earlier, these matters should be expedited, as the City of La Porte would want to include BMUD in its EPA Grant Application by amendment, just as soon as possible, and, in addition, the City of La Porte would want to complete its annexation of BMUD no later than December :31, 1977, so that the District's'properties would be on the City's tax rolls for calendar year 1978. As you can see, to accomplish this, we will need the full cooperation of the City Council of the City of Shoreacres. It is the consensus of the La Porte City Commission that it would not want to undertake the treatment of BMUD's sewage, unless'it can be annexed to and become a part of the City of La Porte. In that way, the District's residents could share in the costs of the expansion of the City of La Porte's sewage treatment. facilities. After careful consideration, it does appear to the La Porte City Commission that this annexation would be to the best interests of the citizens of La Porte, the District, and the City of Shoreacres, and would lead to the solution of a pollu- tion problem in the area. ,Yours very truly, CITY OF LA PORTE By J. J. Meza, Mayor For the City Commission T ~" . ; m -' -' .. . e. BMUD La Porte, Texas Page 4 8-31-77 cc: Mr. Robert G. Fleming, ~.E., Director Central Operations Division TEXAS WATER QUALITY BOARD P. O. Box 13246, Capitol Station Austin, Texas 78711 Ms. Linda Wells Assistant Attorney General 723 Main, Suite 610 Houston, Texas 77002 Hon. Mayor and City Council CITY OF SHOREACRES 619 Shoreacres Boulevard La Porte, Texas 77571 ;:- .. ,'-': << ! rT' ";..r ............., .'.. . ../.... J_.L ~...._:~:' .: --. ::-~~. ". ."" ~ l'...... ".- I ,',.., "';-, .'- - ~.._... .!....: ." ..~.:, :' .'.., ,':, .: ,"'" .:".~.'.') < . C" .:.: . .::; ~..:: 'i~.--'::.'!... ,..,- .. September 28, 1976 Bayshore Municipal Utility District 707 Shady River Road La Porte, Texas 77571 .' Attention: Mr. Max Biggs, President LETTER OF INTENT TO FURNISH TREATED SURFACE WATER TO BAYSHORE MUNICIPAL UTILITY DISTRICT In answer to your letter dated August 2, 1976, the City of La Porte declares that it will be willing to furnish water to your Municipal Utility District when such water is available. It is impossible to commit to any specific date, because we have not been able to secure a commitment from the City of Houston. The source of La Porte's surface water is through Houston and the Coastal Industrial Water Authority. The information we have been given is that a large distribution line is to be installed to serve the DuPont Plant on the ship channel, and a branch off of this line will be run to the south parallel to and west of the railroad track. The amount of water available from the branch line will be more than adequate. Negotiations will have to be made at a later date to determine .the means and point of delivery as well as the quantities and charges. There should be no problem, legal or otherwise, which would hinder such a transaction. We will be in touch with you when we know that the availability __Lur:~ce,~~ter is imminent. .. - ------,-.-...-1. __L={---- , '~~-, -/,., .-- ( . ," J. J. Meza, MayO! JJM:dle cc: Larry Broussard Frank Hradesky Harris-Galveston Coastal Subsidence District ~. ,- , .1 or' ." .- CITY OF LA PORTE , I PHONE (713) 471.2222 . p, O. Box 1115 . LA PORTE, TEXAS 77571 ::-' Decemb~r 1, 1971 Mr. Jack Kimbrough, President Bay Colony Property Owners Association P.O. Box 243 La Porte, Texas 77571 Dear Mr. Kimbrough: Mr. Dick Brown, La Porte City Administrator, has furnished me a copy of your letter of November 15, 1971, addressed to the City, containing the request of the Bay Colony Property Owners Associa- tion that Bay Colony Subdivision be annexed by the City of La Porte. When this matter was last discussed by the City Commission of the City of La Porte, a majority of the Commission was in favor of annexing the entire Bayshore Municipal Utility District. However, as you know, the south portion of the utility district lies within the extraterritorial jurisdiction being claimed by the City of Shoreacres. In addition, although it is the opinion of the La Porte City Attorney that the north part of the Bayshore Municipal Utility District lies within the exclusive annexation jurisdiction of the City of La Porte, the City of Shoreacres has nevertheless, in the past, asserted annexation jurisdiction to 1/2 mile of this terri- tory, as well. Accordingly, I suggest that you have the Board of Directors of the Bayshore Municipal Utility District, acting on behalf of all of the citizens within the district, secure a formal resolution from the City Council of the City of Shoreacres, consenting to the annexation of the Bayshore Municipal Utility District by the City of La Porte, and releasing any extraterritorial jurisdiction it may have over any portion of the district. .As you are probably aware, Shoreacres, as a general law city, cannot annex territory without the consent of the inhabitants. La Porte, on the other hand, being a home rule city, has the power to annex territory within its annexation jurisdiction, without the consent of the inhabitants. Thus, the Bayshore Municipal Utility District is in the position that, due to the feelings of its residents, it cannot be annexed by Shoreacres, but, nevertheless, Shoreacres is in a po~ition to block annexa- tion of the total district by La Porte. .t' .'" r .- t( Mr. Jack Kimbrough - 2 December 1, 1971 .. However, I am confident that if the residents of the district can convince the City Council of the City of Shoreacres that a majority of their number is in favor of annexation by La Porte, that the Shoreacres City Council would do the honorable thing, which would be to pass a necessary consent resolution. If I, or any member of our staff at the City of La Porte, can be of any assistance in this matter, please don't hesitate to call. With best regards, I am Yours very truly, CITY OF LA PORTE By ;;/~~ H. Carlos S~th, Mayor HCS/fh cc - Bayshore Municipal Utility District P.O. Box 1333 La Porte, Texas 77571 Mr. Dick Brown City Administrator City of La Porte P.O. Box 1115 La. Porte, Texas 775?1 Mr. Knox W. Askins City Attorney P.O. 'Box 1218 La Porte, Texas 77571 Mr. Ernest L. Brown, Jr. Fiscal Agent, City of La Porte Moroney, Beissner & Co., Inc. 1300 Bank of the Southwest Bldg. . Houston, Texas 77002 Members of the City Commission City of La Porte