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HomeMy WebLinkAbout1975-11-17 Regular Meeting0 0 MINUTES - REGULAR MEETING OF THE LA PORTE CITY COMMISSION, LA PORTE, TEXAS NOVEMBER 17, 1975 7:00 P.M. MEMBERS OF THE COMMISSION PRESENT: Mayor Pro-Tem I. J. Kibodeaux; Commissioners Bill Love, Virginia Cline and C. D. Boyle. MEMBERS OF THE COMMISSION ABSENT: None. OTHER CITY OFFICIALS PRESENT: Larry L. Broussard, Director of Finance; Margie Goyen, City Clerk; Knox Askins, City Attorney; Larry Morton, Director of Public Works; James Lafitte,Sergeant, Police • Department; OTHER CITY OFFICIALS ABSENT: H. F. Freeman, Chief of Police; Joe Sease, Fire Chief; D. R. McLaughlin, Fire Marshal. OTHERS PRESENT: Mr. A. J. Busch, Jr., Busch, Hutchison & Associates, Inc. PRESIDING: Mayor Pro-Tem Kibodeaux. 1. CALL TO ORDER - Mayor Pro-Tem Kibodeaux called the meeting to order. • • 0 Regular Meeting 11/17/75 K 2. INVOCATION - The invocation was given by Commissioner Love. 3. ACCEPT BIDS THREE 1976 PICK-UP TRUCKS - The following bid was opened and read aloud: LUMUS BAYTOWN DODGE 2800 Market Street Baytown, Texas 77520 3 - 1976 Dodge D-100 Total Net Price Less 1968 Chev.Pick-up Trade In Less 1971 Dodge Pick-up Trade In Less 1972 Dodge Pick-up Trade In $3,698.43 ea. X 3 $11,095.29 - 75.00 - 135.00 - 415.00 $10,470.29 Delivery 60 to 75 days after receipt of order at factory Motion by Commissioner Cline, seconded by Commissioner Boyle to accept the bid for tabulation.. Motion carkied by the following vote: AYES: Commissioners Love, Cline, and Boyle. NAYS: None. 4. ACCEPT BIDS - THREE WALKIE TALKIES - The following bid was opened and read aloud: MOTOROLA COMMUNICATIONS AND Three H33FFN3170N, 5 Wyatt, ELECTRONICS INC. 4 frequency portable radio 3801 Kirby Drive, Suite 342 complete with Heliflex antenna, Houston, Texas 77006 carry case and battery charger - Total Bid $3,885.00 0 • 0 Regular Meeting 11/17/75 4. ACCEPT BIDS - THREE WALKIE TALKIES (CONT'D.) 3 Motion by Commissioner Love, seconded by Commissioner Cline that the bid be accept for tabulation. Motion carried by the following vote: AYES: Commissioners Love, Cline, and Boyle. NAYS: None. 5. APPROVAL OF MINUTES - REGULAR MEETING - NOVEMBER 3, 1975 - Motion by Commissioner Boyle, seconded by Commissioner Cline to approve the minutes of the regular meeting held November 3, 1975, as presented. Motion carried by the following vote: AYES: Commissioners Love, Cline, and Boyle. NAYS: None. 6. APPROVAL OF ACCOUNTS PAYABLE - Motion by Commissioner Cline, seconded by Commissioner Boyle to approve the accounts payable as presented. A copy is attached and made a part of these minutes. Motion carried by the following vote: AYES: Commissioners Love, Cline, and Boyle. NAYS: None. 7. VISITORS WISHING TO ADDRESS THE COMMISSION - Mayor Pro-Tem Kibodeaux asked if the meeting had been posted according to law? The City Clerk affirmed. MR. J. R. SPRADLING - 3302 Valley Brook - was recognized and addressed the Commission regarding the following items: Possible problems within the sanitary and storm sewers; the need for the City to work with the Fairmont Park Homes Association regarding building permits and grass cutting; a problem with • through trucks on Farrington Boulevard. A general discussion followed. • Regular Meeting 11/17/75 4 8. CONSIDER APPROVING ORDINANCE NO. 1027 VACATING, ABANDONING AND CLOSING THE ALLEYS IN BLOCKS 652 AND 681, TOWN OF LA PORTE - After the proposed ordinance was read in full, motion y Commissioner Cline, seconded by Commissioner Boyle to approve Ordinance No. 1027 as read. Motion carried by the following vote: AYES: Commissioners Love, Cline, and Boyle. NAYS: None. CAPTION: AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEYS LYING WITHIN BLOCKS SIX HUNDRED FIFTY- TWO (652) AND SIX HUNDRED EIGHTY-ONE (681) IN THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS. 9. CONSIDER APPROVING LETTER TO U. S. ATTORNEY GENERAL ON VOTING RIGHTS ACT OF 1975 - After a brief discussion, motion by Commissioner Love, seconded by Commissioner Boyle to approve • the letter to U. S. Attorney General on Voting Rights Act of 1975. A copy is attached and made a part of these minutes. Motion carried by the following vote: AYES: Commissioners Love, Cline, and Boyle. NAYS: None. 10. CONSIDER HOUSTON LIGHTING & POWER COMPANY'S PIPE LINE REQUEST After a brief discussion, motion by Commissioner Cline, seconded by Commissioner Boyle to authorize the Attorney to write a letter to Houston Lighting & Power Company stating that the City had no objection to the Pipe Line, but they would be required to comply with our Pipe Line Ordinance for their permit. Motion carried by the following vote: AYES: Commissioners Love, Cline, and Boyle. NAYS: None. 0 • • L 40 Regular Meeting 11/17/75 5 11. CONSIDER APPROVING AGREEMENT FOR AIR SHOW - Mr. Cliff Hyde, Cliff Hyde Flying Service was recognized and addressed the Commission regarding the Great American Air Show proposed to be presented by Capricor Marketing, Inc., of Altamonte Springs Florida. A copy of the proposed agreement is attached and made a part of these minutes. After considerable discussion, motion by Commissioner Cline, seconded by Commissioner Boyle that this matter be tabled for additional study. Motion carried by the following vote: AYES: Commissioners Love, Cline, and Boyle. NAYS: None. 12. CONSIDER APPROVING PARTIAL PAY ESTIMATE TO SINGER LAYNE TEXAS FOR WATER WELL NO. 5 - IN THE AMOUNT OF $39,295.00 - Motion by Commissioner Love, seconded by Commissioner Cline to approve partial pay estimate to Singer Layne Texas in the amount of $39,295.00 for Water Well No. 5. Motion carried by the following vote: AYES: Commissioners Love, Cline, and Boyle. NAYS: None. 13. CONSIDER AUTHORIZING APPROVAL OF LATE HOURS LICENSE AND BEER ON PREMISE LICENSE FOR JOHN ONDERDONK - OAK PARK CLUB - Motion by Commissioner Cline, seconded by Commissioner Love to approve the Late Hours License and Beer On Premise License for John Onderdonk for Oak Park Club. Motion carried by the following vote: AYES: Commissioners Love, Cline, and Boyle. NAYS: None. • Regular Meeting 11/17/75 0 14. DISCUSS ENGINEERING ESTIMATE FOR SANITARY SEWER LINE FOR 14TH, 15TH, 16TH, AND 17TH STREETS FOR RESIDENTIAL AREA - After a brief discussion, motion by Commissioner Cline, and seconded by Commissioner Boyle that this item be postponed for additional study. Motion carried by the following vote: AYES: Commissioners Love, Cline, and Boyle. NAYS: None. 15. CONSIDER CANCELING COMMISSION WORK SHOP FOR NOVEMBER 26,1975 - Motion by Commissioner Cline, seconded by Commissioner Boyle to cancel the Commission work shop scheduled for November 26, 1975. Motion carried by the following vote: AYES: Commissioners Love, Cline, and Boyle. NAYS: None. 16. CONSIDER AUTHORIZING HOLIDAY FOR DECEMBER 26, 1975, FOR ALL CITY EMPLOYEES - Motion by Commissioner Cline, seconded by Commissioner Boyle to authorize a holiday for December 26, 1975, for all City employees. Motion carried by the following vote: AYES: Commissioners Love, Cline, and Boyle. NAYS: None. 17. CONSIDER CALLING SPECIAL COMMISSION MEETING FOR NOVEMBER 22, 1975, AT 11:00 A.M., EXECUTIVE SESSION - V.A.T.S. - ARTICLE 6252-17 ,SECTION 2 (G) - Motion by Commissioner Cline, seconded by Commissioner Boyle to call a special Commission Meeting for November 22, 1975, at 11:00 A.M., for an executive session - V.A.T.S. - Article 6252-17, Section 2 (g). Motion carried by the following vote: AYES: Commissioners Love, Cline, and Boyle. NAYS: None. 0 0 • • 0 Regular Meeting 11/17/75 7 18. CONSIDER CALLING SPECIAL COMMISSION MEETING FOR DECEMBER 8, 1975, AT 7:00 P.M. - SISTER CITY PROGRAM - Motion by Commissioner Love, seconded by Commissioner Cline to call a special Commission Meeting for December 8, 1975, at 7:00 P.M. to discuss the Sister City Program. Motion carried by the following vote: AYES: Commissioners Love, Cline, and Boyle. NAYS: None. 19. CORRESPONDENCE - Mayor Pro-Tem Kibodeaux stated that he had received a.letter stating Mr. Isaac Gales had resigned as a member of Bayshore Community Development, Inc., and asked for recommendations for a replacement. 20. DISCUSSION OF DEPARTMENT PROJECTS - There was a brief discussion regarding the ball parks, glassware being displayed on street corners and the proposed carpet to be used in the Library. ENGINEERING REPORTS - The Engineer informed the Commission of the priority of the E.P.A., placing La Porte in position 128 for funds for Step II of the E.P.A. Grant. There would be a representative of Busch, Hutchison at the Hearing to be held in Austin. The 16th Street water line is very near completion. The Fairmont Park contracts for the water line were ready to be signed. There was a brief discussion regarding inspection of the project. The Commission was of the consensus that a representative of Busch, Hutchison should do the inspection. • • Regular Meeting 11/17/75 8 21. ADJOURNMENT - Motion by Commissioner Boyle, seconded by Commissioner Cline that the meeting adjourn. Motion carried by the following vote: AYES: Commissioners Love, Cline, and Boyle. NAYS: None. The meeting adjourned at 8:40 P.M. • Passed and approved this the 1st day of December, 1975. L �I I. Kibodeau , Mayor Pro-Tem • i o Margie oyen, C'ty Clerk AUTHORIZED DISBURSEMENTS PAGE 1 11-13-75 ADMIRAL LINEN SERVICE UNIFORMS 002-775-205.00 91.30 001-707-210.00 16.60 001-710-202.00 6.61 001-706-202.00 25.00 001-703-202.00 32.52 001-750-759.00 222.64 11-13-75 221 $394.67 AIR COOLED ENGINE SERVICE SWITCH 002-775-503.00 10.25 11-13-75 222 $10.25 ALLEN & KERBER AUTO PARTS 001-710-205.00 62.67 001-707-402.00 190.46 001-708-402.00 55.20 001-706-402.00 6.80 001-115-000.00 26.30 001-709-402.00 34.60 001-703-402.00 51.64 002-775-502.00 .85 002-775-503.00 149.61 001-710-932.00 39.78 11-13-75 223 $617.91 KNOX W. ASKINS. 0. D. LEGAL SERVICES 001-700-506.00 850.00 11-13-75 224 $850.00 PAGE TOTALS 1872.83 • s AUTHORIZED DISBURSEMENTS PAGE 2 11-13-75 TOTAL DEBIT POSTED EXPENDITURE 1846.53 G/L DEBIT 26.30 TOTAL GROSS - DISCOUNT = NET CHECK 1872.83 .00 1872.83 2 252.01 1 1620.82 1872.83 001-101-000.00 1872.83- .00- T-KEY TO CLEAR TOTALS CLEARED DATE 11-13-75 MONTH 11 YEAR 1975-1976 CHK NO 226 AUTHORIZED DISBURSEMENTS PAGE 1 11-13-75 ( AUTHORIZED DISBURSEMENTS PAGE 1 11-13-75 JIM BALL INTERNATIONAL AUTO PARTS 001-709-402.00 64.33 001-709-404.00 8.80 ( 11-13-75 226 $73.13 BAY PLUMBINNGSUPPLY CO. PVC PIPE ( 002-775-422.00 35.32 002-775-413.00 10.22 t 11-13-75 227 $45.54 ( BAYS80RE LUMBER CO. CONCRETE -PAINT 002-775-422.00 16.40 002-775-411.00 6.52 001-709-302.00 4.10 • 002-775-423.00 8.20 001-710-301.00 33.47 002-775-416.00 4.26 002-775-413.00 26.31 l 001-703-301.00 154.61 001-709-402.00 5.34 r 11-13-75 228 $259.21 BROWN & ROOT TYPE D HMAC 001-709-302.00 672.00 11-13-75 229 $672.00 BAYS80RE OFFICE SUPPLY CALENDAR REFILLS t 001-700-203.00 14.14 11-13-75 230 $14.14 THE BAYSHORE SUN LEGAL NOTICES • 001-750-752.00 104.60 11-13-75 231 $104.60 PAGE TOTALS 1168.62 AUTHORIZED DISBURSEMENTS - PAGE 2 11-13-75 BIGOTT SAEES SERVICE REFLECTOR BULBS 001-700-301.00 126.00 002-775-202.00 33.30 11-13-75 232 $159.30 ( BOBBIE'S CAFE PRISONER MEALS 001-707-518.00 208.25 ( 11-13-75 233 $208.25 BRIGGS-WEAVER GLOVES ( 001-709-205.00 25.44 11-13-75 234 $25.44 BROADWAY WRECKING YARD FRONT SEAT 001-707-402.00 15.00 C., 11-13-75 235 $15.00 C) BUSCH, HUTCHISONN& ASSOCIATES ENG. FEES 002-775-608.00 6335.94 Ci 11-13-75 236 $6,335.94 JOE CAMP, INC. ALIGNMENT G, 001-707-402.00 18.00 11-13-75 237 $18.00 CHILDS TRUCK EOPT. PUMP, PARTS 001-708-402.00 33.50 11-13-75 238 $33.50 r. COASTAL A/C & HTG. CO. CK UNIT PD 001-707-401.00 16.50 ( 11-13-75 239 $16.50 MRS. JOYCE COCKRELL GARBAGE PICK-UP (_ 001-708-510.00 68.00 11-13-75 240 $68.00 CORNELIUS CLEANERS LAUNDRY 001-703-516.00 8.54 • 11-13-75 241 $8.54 s PAGE TOTALS 6888.47 AUTHORIZED DISBURSEMENTS PAGE 3 11-13-75 DICTAPHONE MAINT. CONTRACT { 001-707-510.00 257.00 11-13-75 242 $257.00 DYNATEK CAR WASH 001-710-205.00 106.90 ( 11-13-75 243 $106.90 ( DYNA-MED PENLIGHTS 001-210-001.00 23.52 'x 11-13-75 244 $23.52 EDELMAN'S UNIFORMS c 001-707-210.00 81.45 001-707-516.00 113.75 C, 11-13-75 245 $195.20 C! AAMOUS BRANDS SIGNS 4 001-707-304.00 622.94 11 13 75 - - 246 $622.9 4 FIRE FOX CORP. HELMETS, TOOLS, ADAPTORS 001-210-001.00 505.62 001-703-210.00 222.50 001-703-923.00 161 .50 -e� P 11-13-75 247 $889.62 FORMCRAFT CBMPUTER FORMS 001-700-203.00 26.64 11-13-75 248 $26.64 FULLER'S TIRES. TUBES i 001-707-402.00 369.56 001-708-402.00 582.63 t. 001-709-402.00 15.72 001-115-000.00 79.14 002-775-503.00 983.30 �� '�- °�' °�`' Ci2J DSO ( 11-13-75 249 $2,030.35 ✓� AUTHORIZED DISBURSEMENTS PAGE 4 11-13-75 FULLER'S REVERSAL 001-707-402.00 369.56- 001-708-402.00 582.63- 001-709-402.00 15.72- 001-115-000.00 79.14- 002-775-503.00 983.30- 11-13-75 250 $2,030.35- ✓0 FULLER'S TIRES,. TUBES 001-707-402.00 369.56 001-708-402.00 582.63 001-709-402.00 15.72 001-115-000.00 79.14 002-775-503.00 98.30 11-13-75 251 $1,145.35 GOLDEN TRIANGLE AUTO CLINIC FLYWHEEL 001-709-402.00 8.00 11-13-75 252 $8.00 GULF OIL CORP. GASOLINE & SUPPLIES 001-710-207.00 1547.55 11-13-75 253 $1,547.55 HI -WAY EQUIPMENT CO. CYLINDER, PUMP 001-709-402.00 697.11 11-13-75 254 $697.11 HOUSTON LIGHTING & POWER ELECTRICITY 001-709-405.00 1.90 11-13-75 255 $1.90 EUGENE HOVEY G. L. & BODGET 001-210-001.00 165.00 11-13-75 256 $165.00 HOWARDS HARDWARE MISC. PARTS 001-709-404.00 2.2.95 001-706-205.00 .16 PAGE TOTALS 0 1557.67 S AUTHORIZED DISBURSEMENTS PAGE 5 11-13-75 INTERSTATE BATTERY SYSTEM BATTERIES 001-115-000.00 137.70 11-13-75 258 $137.70 HUGH L. LANDRUM TAX APPRAISAL 001-700-501 .00 5000.00 �6 11-13-75 259 $5,000.00 LA PORTE LUMBER CO. MISC. SUPPLIES 002-775-423.00 20.33 001-700-301.00 3.06 001-710-301.00 543.97 002-775-301.00 7.02 002-775-422.00 9.75 11-13-75 260 $584.13 LA PORTE HARDWARE MISC. SUPPLIES 001-709-205.00 15.35 001-710-205.00 5.79 001-708-205.00 17.54 001-703-932.00 20.20 001-703-301.00 14.39 001-703-402.00 90.36 001-706-205.00 4.94 001-706-301.00 3.09 001-711-205.00 3.50 001-700-205.00 1.00 001-707-301.00 9.54 002-775-502.00 5.98 11-13-75 261 $191.68 LA PORTE HARDWARE MISC. SUPPLIES 002-775-416.00 132.42 002-775-413.00 25.82 002-775-202.00 55.45 ti 002-775-922..00 75.29 002-775-204.00 10.98 002-775-425.00 4.25 11-13-75 262 $304.21 PAGE TOTALS 6217.72 AUTHORIZED DISBURSEMENTS PAGE 6 11-13-75 11-13-75 263 $.00 LUMUS BAYTOWN DODGE, INC. CYLINDER ASSY. 001-709-402.00 31.66 11-13-75 264 $31.66 JAY MARKS CHEVROLET DISC 001-708-402.00 733.77 11-13-75 265 $733.77 JAY MARKS CHEVROLET REVERSAL 001-708-402.00 733.77- 11-13-75 266 $733.77- JAY MARKS CHEVROLET DISC 001-708-402.00 73.77 11-13-75 267 $73.77 MATHESON GAS PRODUCTS FITTINGS 001-703-932.00 56.50 11-13-75 268 $56.50 MOBIL OIL GASOLINE 001-707-402.00 17.20 11-13-75 269 $17.20 NATIONWWDE PAPERS CUPS 001-710-205.00 21.90 11-13-75 270 $21.90 NATIONAL FIRE PROTECTION ASSN. ELECTRICAL CODE 001-704-205.00 5.79 11-13-75 271 $5.79 NATIONAL PEACE OFFICERS PRESS CLASSIFIER & DISC 001-707-209.00 41.35 ti PAGE TOTALS 350.69 AUTHORIZED DISBURSEMENTS PAGE 7 11-13-75 PFEIFFER-GAMBRELL BALLAST 001-701-302.00 11.50 11-13-75 274 $11.50 POLKER WELDING OXYGEN, REPAIR SERVICES 002-775-425.00 8.00 001-703-922.00 158.60 001-708-402.00 8.00 001-709-302.00 10.00 001-710-404.00 17.70 001-710-205.00 43.56 11-13-75 275 $245.86 - POLICE SUPPLY SERVICE AMMUNITION 001-707-211.00 80.00 11-13-75 276 $80.00 THE ROHAN CO. METER, VALVE 002-775-504.00 78.00 ' 002-775-502.00 121.02 002-775-412.00 16.92 002-115-000.00 152.00. 11-13-75 277 $367.94 RIDGWAY'S MAP RACK 001-710-205.00 214.10 11-13-75 278 $214.10 SAFETY-KLEEN CORP. MACHINE SERVICE -CLEANER 001-710-205.00 22.50 11-13-75 279 $22.50 SAFETY LIGHTS CO. LIGHTS & SffiANDS 002-775-603.00 41.25 11-13-75 280 $41.25 4 0 . ^ . / ` 001-708-205.00 8.98 .. 001-710-202.00 11.24 ' ( 001-710-201.00 9.00- ' 11-13-75 281 $9.22 ' / PAGE TOTALS 992.37 AUTHORIZED DISBURSEMENTS PAGE 8 11-13-75 SOUTHERN BUILDING CODE CONGNE5 CODES 001-704-205.00 22.75 / � 001-704-203.00 48.34 � � 11-13-75 282 $71.09 SOUTHWESTERN BELL TELEPHONE SERVICE n 001-708-511.00 81.99 001-703-511.00 53.40 ' �- � 001-707-511.00 182.65 11-13-75 283 $318.04 STANDARD COFFEE SERVICE COFFEE SUPPLIES 001-707-201.00 45.09 ^ ( OO1-7OO-2O1.O� 38.�� - ' - 11-13-75 284 $83.42 � 5TEPHENS-BAKER INS. WORKMEN/5 COMP, ETC. ` 001-750-757.00 24008.20 ' ( 11-13-75 285 $24,008.20 TED'5 SUPPLY HOSE, FITTINGS, REPAIR KITS ( 001-710-205.00 110.12 (' 001-707-402.00 11.82 ' 001-710-932.00 83.90 ( 11-13-75 286 $185.84 3M BUSINESS PRODUCT$ SALES PAPER SUPPLIES / � 001-707-204.00 474.17 11-13-75 287 $474^ 17 TlFCO INDUSTRIES FUSE, WIRE, ETC. ' 001-710-205.00 88.33 11-13-75 288 $88.33 � / PAGE TOTALS 25220.34 AUTHORIZED DISBURSEMENTS PAGE 9 11-13-75 TEX-PACK FREIGHT 001-700-205.00 3.50 001-710-205.00 3.00 11-13-75 290 $6.50 TRI-CITY EXTERMINATING CO. TERMITE INSPECTION 001-706-206.00 30.00 11-13-75 291 $30.00 T. L. WALKER BEARING CO." BELTS, BEARINGS 002-775-502.00 21.06 001-709-402.00 12.48 11-13-75 292 $33.54 WEST CHEMICAL PRODUCTS WASHROOM SANITATION 001-700-509.00 11.00 001-710-509.00 29.90 11-13-75 293 $40.90 WESCO LAMPS 001-115-000.00 10.08 11-13-75 294 $10.08 WORTHINGTON ICE MAKER RENTAL MACHINE RENTAL 002-775-603.00 40.00 11-13-75 295 $40.00 11-13-75 296 $.00 11-13-75 297 $.00 PAGE TOTALS 161.02 4 • i AUTHORIZED DISBURSEMENTS PAGE 10 11-13-75 C TOTAL DEBIT POSTED EXPENDITURE 40315.91 G/L DEBIT 1073.06 C UNPOSTED 5320.10 TOTAL GROSS - DISCOUNT = NET CHECK C.t 46709.07 .00 46709.07 c` 1 39206.24 2 7502.83 0 46709.07 001-101-000.00 46709.07- .00- i t._ ti TELEPHONE (713)422-4711 NIGHT (713)422-2327 g gra4am., Realtop _ POST OFFICE BOX 431 BAYTOWN, TEXAS 77520 November 3, 1975 City of LaPorte LaPorte, Texas 77571 - For services rendered in appraising 161x400' in Blocks No. 652- and 681 $150.00 • • M APPRAISALS INDUSTRIAL - COMMERCIAL - ACREAGE SALES . . TELEPHONE (713)422 471 1 NIGHT (713)422-2327 Wtij !qra4am- Realtor POST OFFICE BOX 431 BAYTOWN, TEXAS 77520 November 3, 1975 City of LaPorte LaPorte, Texas 77571 Gentlemen: As you have requested, I have appraised a strip of land 16'x400' in each of Blocks No. 652 and 681, being the alley between 15th Street and 16th Street, from West Adams Street to West Tyler Street and from West Tyler Street to West Madison Street, LaPorte, Harris County, Texas, -and as shown on the attached plat. The purpose of this appraisal wasito estimate the Fair Market Value of said property. In my opinion the highest and best use of Subject Property is light industrial and/or commercial. • It is my opinion that the property appraised has a Fair Market Value as of November 3, 1975 of Fee Value: 12,800 s/f @$0.20 s/f = $2,560.00 Easement Value: 75% of Fee Value = $1,920.00 The attached Plat, appraiser's Qualifications and Contingent & Limiting Conditions are made a part hereof. Certification: I hereby certify that I have personally examined the property appraised; that the statements contained in this appraisal and upon which the opinions expressed herein are based are true and correct to the best of my knowledge and belief, subject to the limiting con- ditions herein set forth; that to the best of my know- ledge and belief no pertinent information has been overlooked or withheld; and that I have no interest either present of contemplated in the property appraised or in the proceeds to be derived therefrom. Respectfully submitted, Otis Graham, AFLB i - A`e fY� APPRAISALS INDUSTRIAL - COMMERCIAL - ACREAGE'S � SALES WEST M ADI SON $T, 2r r ►- p�' l ° a LOT 25 Z �z Iz6�ZVI TRACT A B L. G5 J LOT 8 LoT 25 LOT 9 Q �o-s 24 _'TRA T B LOT lG LOT I ra WEST TYL.....ER ST ° LO r 32 -TRA T C . __BL. G811 9 J, Lo*r t-O T zS I-OT e Q �9 Lo-r z4 TRA T D V-4T I6 LOT 17 ..WEST A /AM 5 STO EXH I BIT A � 1. � � � �. � ,� ,�� •l d -�`�'; �,,. �M tl �"O (jam tl� ,��.♦ �`rvy#+�♦ �{�� �,; .. .,�� . ; ,_ .%�; yam, �. .` �..�♦ ,t c�j !` � .': -, '� • . �l '_`..�`.; wl Srt,�j.�''•`•litl T� .1�'.t! 4 - "G•'S� Ai s�•w'�. Wi • E 0 r CITY OF L# PORTE PHONE ( 713 ) 471.5020 • P. O. Box 1115 • LA PORTE, TEXAS 77571 November 10, 1975 CERTIFIED MAIL RETURN RECEIPT REQUESTED Assistant Attorney General Civil Rights Division Department of Justice Washington, D.C. 20530 Re: ."Submission under Section 5, Voting Rights Act." Gentlemen: The City of La Porte herewith submits, in duplicate, information concerning five municipal governmental acts occurring on or after November 1, 1972, which may have the effect of changing a standard, practice or procedure affecting voting, under the Voting Rights Act Amendments of 1975, Public Law 94-73. The subject five acts are as follows, to -wit: (1) Alternate filing procedure. On October 1, 1973, an ordinance was passed providing an alternative to paying a filing fee, for a candidate for office to have his name placed on the City ballot. (2) Change in polling place. On January,21, 1974, Ordinance No. 980 was passed, calling the regular annual election for April 6, 1974, and changing the polling place from the City Hall to the La Porte Civic Center. (3) Annexation. On November 19, 1973, proceedings were instituted to annex certain territory to the City of La Porte. This annexation was completed on December 27, 1973. (4) Disannexation. On October 22, 1975, a small amount of territory contiguous to the City Airport was disannexed from the City. (5) Bilingual election materials. The City of La Porte con- templates a change to the use of bilingual (English and Spanish) election materials beginning with the next regular election, April 3, 1976. Assistant Attorney General Page 2 Washington, D.C. 11-10-75 (1) Alternate filing procedure. Article IX, Section 85, of the Home Rule Charter of the City of La Porte, certified copy of which is attached hereto, provides for a filing fee of $100.00 for the office of Mayor, and $50.00 for the office of Commissioner, which filing fees had been enforced at their maximum level as provided in the Home Rule Charter, for many years. In 1971, the United States District Court for the Southern District of Texas, Houston Division, had occasion to strike down as uncon- stitutional, mandatory filing fee requirements for City office, in the City of Houston. (The Socialist Workers Party, et al, vs. Mayor Louis Welch, et al, Civil Action No. 71-H-462; Ovide Duncan - tell, et al, vs. City of Houston, et al, Civil Action No. 71-H-1035. Copies of these opinions are attached hereto.) The La Porte City Commission, being advised by legal counsel that the constitutional objections to the filing fee requirements would probably be obviated if a reasonable alternative to the.payment of filing fees were provided, as a means of access to the ballot, on October 1, 1973, passed and approved Ordinance No. 968, providing such an alternative by means of a nominating petition, requiring a maximum of fifty signatures. This Ordinance remains in full force and effect, and the alternative means of access to the ballot has been used by several candidates in the two annual elections which have transpired since the effective date of the Ordinance. This Ordinance was not passed under any direct threat of litigation, but rather in,an effort to give recognition to changes in the law as reflected in Court decisions. (2) Change in polling place. La Porte is a small City in the Southeastern portion of Harris County, Texas, in which the principal metropolitan area is the City of Houston. The City of La Porte had a population of 7,149 in the 1970 U. S. Census. As permitted by State election law, City of La Porte municipal elections have always been held at one polling place, and, for many -years, this polling place was the City Commission chambers in the City Hall, 124 S. 2nd Street, La Porte, Texas. Because of congestion caused by pedestrian and automobile traffic, and the small quarters available, the La Porte City Commission changed the polling place from the City Hall to the new La Porte Civic Center, 618 San Jacinto Street, La Porte, Texas, beginning i • • 0 Assistant Attorney General Washington, D.C. Page 3 11-10-75 with the annual election held on April 6, 1974, and subsequent elections. The Civic Center building has much more space avail- able for an election, and has a paved, lighted, off-street park- ing lot. The Civic Center is located only a few blocks from the City Hall. The location of the City Hall is shown colored "brown" on the attached map, and the location of the Civic Center is shown colored "green." A copy of Ordinance No. 948, calling the regular annual election for 1973, at the City Hall, is enclosed for com- parison purposes. The new polling place has proven quite satis- factory in practice, and it is contemplated that future elections will continue to be held at the new Civic Center. (3) Annexation. The City of La Porte has conducted one annexation proceeding since November 1, 1972. On November 19, 1973, the City Commission of the City of La Porte passed and approved Ordinance No. 972, a copy of which is attached hereto. This Ordinance declared the intention of the City of La Porte to institute proceedings to annex certain territory described therein, and called a public hearing at which all interested parties were given an opportunity to be heard. Notice of the public hearing was published in the local newspaper. The public hearing was held on December 10, 1973. The City of Shoreacres, a neighboring City to the South of the City of La Porte, instituted litigation against the City of La Porte, in what was essentially a territorial dispute, and a temporary injunction was issued by a State District Court against the City of La Porte annexing certain of the desired territory. Thereafter, on December 27, 1973, the City Commission of the City of La Porte passed a final annexation ordinance, being Ordinance No. 978, a copy of which is attached hereto, annexing a portion of the territory described in Ordinance No. 972. The territory actually annexed by Ordinance 978 is shown colored in "yellow" on the map enclosed herewith. Population gain to the City of La Porte as a result of this annexation is estimated at 54 persons. The territory annexed is sparsely populated, and it is believed that this annexation did not affect local voting patterns to any degree. (4) Disannexation. On October 22, 1975, the City Commission of the City of La Porte passed and approved Ordinance No. 1025, disannexing certain terri- tory from the City of La Porte. This territory is shown on the attached map, Tract 1 being colored in "orange" and Tract 2 being colored in "red." As is apparent from the map, Tract 2 merely • • Assistant Attorney General Washington, D.C. Page 4 11-10-75 disannexed a protective strip, and did not involve any population. Tract 1 involved the disannexation of a population of an estimated 15 persons, none of whom are believed to be members of a racially identifiable minority group. This annexation was approved by the City Commission of the City of La Porte, at the request of the City Council of the City of Lomax, which has a common boundary with the City of La Porte at this point, in order to enable the City of Lomax to annex the subject territory to its City, so that it might provide water and sewer service to the residents thereof. The matter was handled on a cooperative basis between the two cities, and it is believed that this disannexation of territory by the City of La Porte will not affect local voting patterns to any degree. (5) Bilingual election materials. Under Texas law, voter registration is not handled by cities, but rather, is handled by the individual County Tax Assessor -Collectors. The City of La Porte obtains up-to-date voter registration lists from the County's Tax Assessor -Collector, prior to each election. By State law, elections in Harris County are required to -be con- ducted on voting machines. The City of La Porte rents voting •machines from Harris County for each of its elections. Harris County officials having responsibility for the matter, are be- lieved to be formulating procedures to use with Harris County voting, machines, to meet the requirements of the Voting Rights Act of 1975, for bilingual election materials. It is therefore the desire and the request of the City of La Porte, that it be allowed to implement these and like procedures, as to those por- tions of the electoral process over which it has jurisdiction, beginning with the election of April 3, 1976. General Comments. The City Commission of the City of La Porte respectfully requests approval of the above and foregoing submission. Appropriate sup- porting documents and materials are attached hereto, to demonstrate that the subject changes do not have the purpose and will not have the effect of denying or abridging the right of anyone to vote on account of race or color. All ordinances attached hereto were passed and approved by the official governing body of the City of La Porte, which is its City Commission, constituted of a Mayor and four City Commissioners. Other than the annexation and disannexation, there is no change which will affect less than the entire City. Certain of the changes occurred prior to the effective date of the Act, and • 0 • • • Assistant Attorney General Washington, D.C. Page 5 11-10-75 approval is requested on these, and also those proposed changes subsequent to the effective date of the Act. The City of La Porte stands ready to furnish the Attorney General with other information which might be required in order to evaluate the purpose or effect of the subject changes. No litigation has occurred on any of the subject changes, other than as particularly noted above. In keeping with the Texas Open Meetings Law, public notice of the subject of each item on the City Commission agenda, is given at least seventy-two (72) hours prior to the meeting, by public posting. In the case of the annexation ordinance, and also the ordinances calling elec- tions, notices are published in the local newspaper. The next regular City election will be April 3, 1976. It is anticipated that this election will be formally called by an ordinance of the City Commission of the City of La Porte, to be passed on January 19, 1976. It is respectfully requested that approval of this submission be granted prior to that date. If further informa- tion is desired, please advise. KWA: jm Enclosures Respectfully submitted, CITY OF LA PORTE By Knox W. Askins City Attorney KNOX W. ASKINS, J. D. ATTORNEY AT LAW • 122 S. BROADWAY P.O. BOX 1218 LA PORTE, TEXAS 77571 743 471-1886 November 10, 1975 Hon. Mayor Pro-Tem and City Commissioners City of La Porte P. O. Box 1115 La Porte, Texas 77571 Re: Houston Lighting & Power Company Pipeline Request Gentlemen and Mrs. Cline: On June 25, 1975, James L. Wyatt, Division Manager of Houston Lighting & Power Company, delivered a letter to then Mayor E. A. Thomas, a copy of which is attached hereto. Essentially, this matter amounts to a dispute between the City of La Porte, and also other cities in the Light Company's service area which have pipeline ordinances, as to whether or not the Houston Lighting & Power Company, which has a franchise with each of these cities, must come within the terms of the pipeline ordinance. On November 7, 1975, Mr. William R. Brown, Attorney for Houston Lighting & Power Company, visited my office, and at that time furnished me with copies of his correspondence and replies, with the City Attorney of the City of Houston. Copies of these letters are attached hereto. It was Mr. Brown's request that the City of La Porte allow the Houston Lighting & Power Company to go ahead with the construc- tion of its pipeline, after the Light Company first having obtained approval of its plans and specifications from our City Engineer. This would be done between the Light Company and the City of La Porte, on much the same basis as the Light Company proposes to do likewise with the City of Houston, that is, with the Light Company not admitting that it comes within the terms of the pipeline ordinance, and the City not admitting that it does not. u 0 • • 0 Hon. Mayor Pro -Tern and City Commissioners City of La Porte Page 2 11-10-75 Thereafter, Mr. Brown proposed that the City of La Porte might wish to agree to be bound by the outcome of the litigation, if any, between the Light Company and the City of Houston on the matter, as set out in the letters between those two parties, without the actual necessity of the City of La Porte being a party to such a suit. The procedure recommended by Mr. Brown seems a reasonable one to me, and I would recommend it to the City Commission. Each city involved, which has a pipeline ordinance, has a similar problem, and this seems an appropriate way to resolve the matter, without unduly delaying the Light Company in its efforts to build this line. The City of La Porte has continually expressed to the Light Company that it has no objection to the construction of the line, but that it feels that the Light Company should comply with the terms of the City's pipeline ordinance. I have requested that this matter be placed on the agenda for the regular meeting of November 17, 1975, so that the City Commission can give me instructions as to how it wishes to handle this matter. KWA:jm Enclosures ZoYoevery truly, x W. Askins City Attorney City of La Porte 0 • • 0 HOUSTON LIGHTING & POWER COMPANY 2000 NASA 1, P. O. BOX 527. SEABROOK, TEXAS 77586 June 25, 1975 Honorable Mayor E. A. Thomas. City of La Porte Post Office Box 1115 La Porte, Texas 17571 Dear Mayor Thomas: As you know, we filed a letter in April informing the city of our plans to construct a fuel oil pipeline system, a portion of which will pass through the City of La Porte and will inter -connect several of our existing generating stations. In reviewing our original letter, we have determined that there are several important matters which we need to make you aware of, and it is the purpose of this letter to acquaint you with our.situa- tion as it presently exists. Houston Lighting &Power Company has for many years burned natural gas as a primary fuel at its generating stations. However, due to the energy crisis and the expected worsening of the gas supply situation, the company has built some generating units that are capable of burning not only natural gas but also fuel oil on a continuous basis. Other units have been and are being converted so that they also will have the capability of continually burning fuel oil when necessary. At the plants in question, there are large storage tanks which are presently being filled from barges where possible, and otherwise,the oil must be brought to the tanks by truckline. This type of operation is comparable to trying to fill a washtub with an eyedropper. When prolonged curtailments of natural gas deliveries begin an opera- tional pipeline will be essential for continuous service in our area. The origin point of the minal'facility located on the Ship the pipeline will be built mostly owned by the company. None of the within the city, however, parts of built through the City of La Porte street will be crossed. pipeline network will be a ter - Channel. From the terminal along right -of -way -presently plants in question are located the pipeline will -have to be and at one location a city The company has an accepted procedure for notifying the Public Works Department, furnishing plans and specifications, and working out other details when it is necessary to build an under- ground facility across a city street. This procedure has been Houston lighting & Power Company • 40 • u U The Honorable E. A. Thomas -2- June 25, 1975 followed with regard to the pipeline crossings and naturally we will be happy to furnish any additional information you might re- quire. We would also appreciate very much your consideration of granting a resolution of consent to install the fuel oil line under provisions of our present franchise since we feel it con- tains the necessary rights, protective clauses and -language ap- propriate to this project. When stripped of irrelevant provisions, the franchise passed on April 18, 1958, vests in the company the following rights: ..the right, privilege and franchise to conduct within the boundaries of the city...an electrical lighting and power business and to erect, construct, maintain, operate ... and repair, in, under, over, across and along any and all ... public roads, highways, streets, lanes and alleys:..a system of poles,...con duits, cables and other desirable instrumentalities and appurtenances ... necessary or proper for the pur- pose of...supplying, distributing and selling to the municipality and the inhabitants of said city... electricity..." (underscoring added) There can be no question but that the pipeline is a de- sirable instrumentality which is necessary in supplying electricity to the public. Unless the pipeline is built, there is a strong probability that for prolonged periods the public will be without electricity. We therefore feel that there is no,material differ- ence between the conduits which carry the fuel oil to the generat- ing plants and the conduits which carry the electricity from the plants. Both are inseparable parts of the electric system autho- rized by the franchise. The Houston Lighting & Power Company serves a territory comprising approximately 5,600 square miles in a twelve county area.' Generating plants are located throughout the company's sys- tem and are so connected that they do not supply a specific geo- graphical area, but rather feed into a transmission network which. is common to the entire area served by the company. The proposed pipeline.will transport fuel oil from a poin-t located outside of the city to generating plants also located outside the city, there- by removing the line from a category that could be defined as of local nature. At the same time, the company accepts that the con- struction of the pipeline through the city is subject'to reasonable regulation by the city, which regulation is provided for in the The Honorable E. A..Thomas -3-_ June 25, 1975 LJ company's present franchise. Detailed plans and specifications will be submitted to the Public Works Department in compliance with Section 3 of the company's franchise. Section 4 of the franchise assures that any "public place disturbed by company in erecting...its electric lighting and power system shall be re stored immediately after the completion of the work•to as good a condition as before the commencement of the work and maintained to the satisfaction of the city ... for one year from the date the surface...is broken for such construction..." Also, Section 13 of the franchise commits the company to "protect and hold city harmless against all claims for damages or demands for damages to any persons or property by reason of the construction and maintenance of its electrical lighting and power system..." . With the foregoing considerations in mind, it is our hope that the city and the company will be able to handle pipe- line crossings in accordance with the procedures that have al- ready been worked out with the city for the installation of other company facilities under the streets of the city. -If you need any additional information, we hope you will not hesitate to let us know. rs very ruly, James L. tt Division Manager JLW/jm Enclosures 0 PIPELINE SPECIFICATIONS • Proposed Work: Construct a pipeline which will cross Highway 225 at Underwood Road. See Specification No. E-855-8973-A,. attached.' Pipeline Specifications Pipe.Size: 18.00" O.D. x-9.344_w.t., X-52 line pipe Insulation. 2" thick Urethane -Foam with an extruded jacket of high density Polyethylene Cover: 48" minimum Casing: 26" O.D. x 9.375" w.t.', X-52 line pipe Maximum Line Pressure: 1,400 psig Maximum Temperature: 1650F Service: No. 2 through No. 6 fuel oils •Pipeline Installation All crossings of existing streets listed on this project will be bored through and cased through one foot beyond each side of the right-of-way. All crossings of proposed streets will be installed in an open cut trench cased one foot beyond each side of the established right-of-way and backfilled to restore normal surface conditions. The design and installation of the pipelines will comply with regulations as set out in.the Minimum Federal Safety Standards for Liquid Pipelines relating to transportation of liquids by pipeline (part 195, title 49, Code of Federal Regulations) and the American National Standard Code for Pressure Piping "Liqu'id Petroleum Transportation Piping Systems" (ANSI B31.4-1974) specifications. No obstruction of normal traffic.through the streets being _crossed is anticipated during the time of.construction. BAKER & BOTTS - ONE SHELL PLAZA .. CI PEi`1 N S Y LVA N;A AV N. W. HOUSTON, TEXAS 77002, As50CaiED OFFICES lASHINGTON. O. C.20006 �E TELEPHONE (202) 337.4000 TELEPHONE(T3)229.12PASEO LA REFORMA 763♦ MEXICO S.O. F. MEXICO CABLE 80TERLOVIE YELEX 76.2779 ' . 21 AVENJE GEORGE V. SC ETAGE PARIS 8, FRANCIE October 22, 1975 H-18-700 Houston Lighting & Power Company (city -of Houston Franchise Ordinance No 57-929) Re: Appurtenant Oil Pipeline System Honorable Jonathan S. Day City Attorney City Hall Houston, Texas 77002 Dear Mr. Day: • This will confirm my recent discussion with .you concerning the Lighting Company's proposed con- struction of a pipeline system to transport oil to its power plants. As you will recall, we wrote you a letter con- cerning this matter on May 21, a copy of which is en- closed for your convenience. In our letter, we advised you of our opinion that the pipeline is authorized by the present franchise and that for that reason, among ting Company is not required�to obtain others, the Ligh another franchise from the City for such pipeline which is to be constructed across streets within the City. We understand that the Public Works Department has approved the plans and specifications for the crossings but has sought an'opinion from, you on the franchise question. In view of the pendency of other matters, we have not had an opportunity to discuss this matter in any detail. However, as I.explained in our recent discussions, it is imperative that the Lighting Com- pany let a contract for the construction of the pipeline. RAKER & ©OTTS • Honorable Jonathan S. Day 2 October 22, 1975 The Company and also the public will be subject to both actual and potential losses of great magnitude if the construction is delayed. In view of the foregoing, it is our proposal that, without.the waiver of rights by either party, the T�i :;_sting Company will let the contract and proceed -,,tith the construeion of its pipeline through the City of Houston. If, after we have an opportunity to focus on the question, we are not able to reach an agreement as to the existing rights of the Company in this matter, the Company will when -.requested seek a declaratory Judgment on the question of whether or not.it is re- quired to obtain a franchise from the City for the pipe- line crossings within the City. As we indicated in our May 21 letter, Section 4 of the franchise assures that any "public place dis- turbed by Company in erecting . . . its electrical lighting and power system -shall be restored immediately after the completion of the work to as good a condition as before the commencement of the work and maintained • to the satisfaction of the City for one year from the date the surface . . . is broken for such construction " Also Section 14 of the franchise commits the Company to "protect and hold City harmless against all claims for damages or demands for damages to any person .or property by reason of the construction and maintenance of its electrical lighting and power system . ." It will be understood the construction will be subject to these commitments by the Company, along with the Company's other commitments in the franchise_ It will also be understood that if the Company proceeds, subject to the commitment herein made, you will not seek to enjoin or otherwise stop the construction of the pipeline unless the construction either varies from the approved plans and specifications, or in some manner creates a public hazard, and the Company after. notice fails to start forthwith and diligently pursue to completion necessary corrective action. If the foregoing correctly sets forth our under- standing, I shall appreciate it if you will so signify at 0 1,74W., JONATHAN DAY y -} CITY ATTORNKY. - t ..x ...fy.• j0 Y �1 ::. _':y✓ • �� :. '•.� _::i.� `' ..,.+� i k;-LEGAL D£P�#RT.oi£NT 1 +- P. O. BOX 1 362. HOUSTON. TEXAS 77001 October 24, 1975 .� k; .-.-. NT , t�,j; IIia +i R. gown One Sheil Plaza Houston, T`Yas 77002 i Re: Houston Lighting & Power Company (City of Houston Franchise - Ordinance No. 57-929) Appurtenant Oil Pipeline System Dear Mr.. Drown: Please be advised that your client, Houston Lighting &Power, has my assurance that I will not recommend to Council nor to the administration that the attempt to secure injunctive relief against the construction of the proposed Ali ieline under the agreements recited in your letter of October 22nd. Lip ,_ addition to the terms and conditions set forth in your letter of October 22nd, to which I explicitly agree, I offer the following supplementary conditions: (1) The Company shall seek a declaratory judgment on the franchise issue on or before January 1, 1976.. This condition presumes that the parties are unable to reach any voluntary agreement on this problem prior to December Ist. Presuming that a declaratory =dgment act?on is tiled, the Company shalll, on Qr oeiore Aori-: , 1976, cooperate with the City in bringing joint moc>_ons for summary judgment under a stipulated statement of tacts. (2) T"ne Company secure the final approval of the Public Works' Director for the plans and specifications for the proposed pipeline. At this time I am advised that such plans have only the tentative approval of the Public Works Department. I know of no particular objection; and would anticipate that final approval can be secured promptly. n.owever, our agr eem ent is predicated on securuia- such app;ova l prior to commencement of construction. • • . i May 21, 1975 . YI-13-700 ,Houston Lighting & Power Company (City of Houston Franchise - Ordinance No. 57-929) Oil Pipeline Sy$tem I f . i B -Pir . Jonathan S . Day City Attorney City Fall Houston,.Texas 77002 ` Dear 1,11r. Day: Z understand the Public Works Department will seek an opinion on whether Houston Lighting & Power Company must obtain an additional franchise because of the necessity of building a pipeline system to trans- port oil to its power plants. The purpose of this ' letter is to acquaint you with our situation. Due to the energy crisis Houston Lighting & Power Company has built some generating-:inits that are capable of burning not only natural gas but also fuel oil on a continuous basis. father units have been and ' are being converted so that they also will have t1le capability of continuously burning fuel oil when neces- sary. At the plants in question there are large storage tan;cs which are presently being filled from barges wherry possible and otherwise the oil must be brought to the tanks by truck. This type operation is comparable to trying to fill a washtub with an eye dropper. Should _ there be a prolonged curtailment of natural gas deliv- eries, an operational pipeline will be essential for continuous electric service in our area. .7onathan S . Day.. - 2 May 21, 1975 The origin point of the pipeline network will . be a terminal facility located on the ship channel. From the terminal the pipelines will be built mostly along -right of way presently owned by the Company. None of the plants in question are located. within the City; however, parts of the pipeline will have to be bust th,oug.h the Ciy of Houston and at twelve loca- i iions Cite streets will be crossed, these streets.be�- ing the following: Morales Street, Milner Road, Dr-�ett Boulevard, El:ntex Street, Pinetex Street, Wallisville `Road, interstate 10, Aldine -Westfield Road, Lee Road, Eastex Freeway, old Humble Road, and Northbelt Drive.. The Lighting Company has an accepted proce- dure for notifying the Public Works Department, fur- nishing plans and specifications, and working out other details when it is necessary to build an underground facility across a City street. This procedure has been followed with regard to the pipeline crossings; however, it is my understanding that the Public Works Department has some doubt as to whether the Company needs a•fran- chise for the pipeline and. that the matter will:.tbe • referred to your Department. We have advised Houston Lighting & Power Com- pany that it is our opinion another franchise is not needed. Our views are submitted for your consideration. it is our opinion that the Company is not required to obtain a franchise from the City for the pipeline cross- ings for two principal reasons: (1) the Company has already been granted the right to cross the City Streets under its present franchise; and (2) the pipeline system is non -local in character and, while the City may regulate the manner in which the pipeline is built under. City Streets, the City's consent is not needed to vest in the Company the right to build the non -local pipeline. These two aspects of the matter will be separately discussed. Considered first is the Company's rights under its present franchise. When stripped of irrelevant provisions, the franchise (ordinance No. 57-929) vests in the Company the following rights: i ". the right, privilege and franchise to conduct within the boundaries of the City an electrical lighting and power business and to erect, construct, maintain, operate and repair, in, under, over, across and along any and all public roads, highways, streets, lanes and alleys a system of poles, . . . conduits, cables and other desirable -instrumentalities and apUurtenances Necessary or proper for the purpose of supplying, distributing and selling to the municipality and the inhabitants of skid City .-electricity (Underscoring added.) There can be no question but that the pipeline : is a desirable instrumentality which is necessary in supplying electricity to the public. Unless the pipe- line is built, there is a strong probability that for prolonged periods the public will be without electricity. , We are unable to see any material difference between the conduits which carry the fuel oil.to the generating plants and the conduits which carry the electricity from the plants. Both are inseparable parts of the electric • system authorized by the franchise. Considered next is the absence of municipal authority over non -local operations. It rust be recog- nized "that the Legislature could not, without doing Violence to the Constitution of Texas, delegate to [a city] non -local powers having an extraterritorial effect" It - and it is only when ''the Company is conducting a local system as distinguished from an interurban business, it may be required to procure authority from the City to use its streets." _Coun.v of Harris V. Tennessee Products PiaelineCCot2any, 332 S.W.2d 777, 781, 732 (Tex. Clv.App. 1960, no writ). The Supreme Court in City of Brownwood V. Brown Telegraph & Telephone Company, 106 Tex. 114, 1-57 S.W. 1163, 1165 (1913) held "that the right of the [utility] to pass through the city or town, over and upon its streets, is absolute, and the city had no authority to deny that right." Similarly, in City of Arlington v. Lillard, 116 Tex. 446, 294 S.W. 829, '30 9the court held that the City of Arlington could not "prohibit the use of its streets by commercial vehicles desiring to pass through the city" because • 0 Jonathan' S. Day - 4 May 21, IV "the jurisdiction and power exercised by a municipal. corporation is and must be confined to the territory Of its situs." The business of Houston -Lighting & Power . Company is not- local in character. The Company serves a territory comprising approximately 5,600 sruare miles in a '­wei ve county area.. The . City is without authority • to Oeny to the Company the right to build its pipeline . through the City so as to transport the fuel oil from a ooint outside the City to plants also located out- side the City. At the same time the Company accepts that the construction of the pipeline through the City is. subject to reasonable regulation by the City, which regulation is provided for in the Company's present franchise. Detailed plans and specifications have al- ready been submitted to the public Works Department in compliance with Section 3 of the Company's franchise. '. -- Section 4 of the franchise assures that any "public place disturbed by Company in erecting its electrical lighting and power system shall be restored immediately after the completion of the work to -as good a condition as before the commencement of the work and maintained to the satisfaction of the City for one year from the date the surface is broken for such -- construct -ion ." Also Section 14 of the franchise commits the Company to "protect and hold City harmless against all claims for damages or demands for damages to any person or property by reason of•the construction { and maintenance of its electrical lighting and power 7 , system . . . " With the foregoing considerations in mind, it i ` is our opinion that tha City and the Company should handle pipeline crossings in accordanc-a with the pro- ' j cedures that have already been worker: out with the City a for the installation of other Company facilities under the streets of the City. if you need any additional information we hope you will not hesitate to let us know. 1 Yours very truly, . _ j /s/William R. Brown William R. Brown R Mr.. Jonathan S . Day - 5 stay 21 19 7 5 cc: T-Lr. R. Ivi. TncCuistion ,. Vice president, rngineei. ing I'ouston Lighting & power Company Electric Tower Houston, Texas 77002 �ir. K. R. Hinckley - Crotzo presiweat I::oustor_� Lighting & power Company Electric Tower Houston, To -as 77002 Mr.'E. B. Cape Director of Public Works 3800 City of :Iouston Annex Iiouston, Texas 77001 bcc: Mr. John Foster " Mr. H. R. Dean Mr. W. R. Brown 0 0 Capricorn Martkcting,` Inc..- Mr HydeJr Cliff - , r" P.O. Box 895..• - La Porte, Texas 77571 October 1, 1975 Dear Mr. Hyde: _ It was a pleasure speaking with you this morning. Here is the, information I -promised you on.the GREAT AMERICAN AIR SHOW. We are arranging a tour of the western states this January and February, and we would like to present a performance at your - facility before we head into Arizona and California. If possible, we would like to appear at your airport on Saturday, January 17 and Sunday, January 18. Each show would begin at 2 P.M."'. We present the GREAT AMERICAN AIR SHOW as a total entertainment package that includes a two-hour, non-stop show, all production, set-up and promotional work, our own sound system, $1,000,000 liability insurance naming the airport as co-insured. We also take care of crowd control and emergency, concessions, and trash pick-up after each show. The proceeds from our shows would be shared with a worthwhile local charity. We're very proud of this show. It's the most exciting aerial spectacular in the world, and will entertain more than three million people in the United States, Europe and Australia during 1976. We work closely with the airport management and the Fixed Base Operator(s), keeping them constantly informed about our pro- motional activities and in general seek to help them benefit from the large crowds and national press coverage we draw. We encourage static displays of all kinds. We arrange all necessary FAA clearances and adhere strictly to all FAA rules and regulations. All of our performers possess the finest safety records in the industry. Our emphasis is on safety as we seek to entertain.and educate all members of the community. We would look forward to presenting the GREAT AMERICAN AIR SHOW at La Porte in 1976. Please let me know about this as soon as possible. TM; dm Sincerely, Tom Martel -Exec. i P.O. BOX 854 • ALTAMONTE SPRINGS, FLORIDA 32701 • 305-831i-0803 City Commission City of La Porte P. O. Box 1115 • La Porte, Texas 77571 Gentlemen: This letter will serve as an agreement between CAPRICORN MARKETING, INC., a Florida corporation with offices at P. O. Box 854, Altamonte Springs, Florida 32701 (hereinafter referred to as CAPRICORN) and City of La Porte, a municipality with offices at P. O. Box 1115, La Porte, Texas 77571 (hereinafter referred to as CITY). CITY agrees to provide CAPRICORN with full use of its facilities for parking, spectators and flying so that CAPRICORN may present performances of the GREAT AMERICAN AIR SHOW at AIRPORT on Saturday and Sunday, January 17 & 18, 1976 at 2 p.m. CITY also agrees to secure any necessary approval from city and/or county officials and to provide the nearest FAA GADO office with letters from appropriate officials indicating that CAPRICORN has full authority to utilize AIRPORT for the shows. CAPRICORN will provide a complete two-hour air show; its own sound system; $1,000,000 in liability insurance;_and all promotional material. CAPRICORN will also set up, promote and conduct the air shows, securing all necessary crowd control, law enforcement, emergency •and sanitary facilities and personnel. FAA approval for the shows will be secured by CAPRICORN. CITY will be named as co-insured on liability insurance policy. CAPRICORN shall also have the exclusive right to provide food, beverage and souvenir sales at air shows. Should AIRPORT currently have food, beverage and/or souvenir services available on the premises AIRPORT may keep such facilities open during air shows but may not supplement or move facilities in such a way as to interfere with CAPRICORN'S facilities. CAPRICORN shall be solely and fully responsible for all financial obligations incurred while setting up, promoting and conducting the air shows and AIRPORT shall have no obligation whatsoever except to provide facilities as stated in paragraph 2. In return for its services, CAPRICORN will pay CITY a fee equal to 5% (FIVE PER CENT) of all revenues from both advance sale and gate sale of tickets for the shows, less any applicable state, county, city or federal sales taxes. This fee shall be payable no later than ten days after the conclusion of the air shows. 0 We will closely coordinate all activities with you and your staff to insure that the GREAT AMERICAN AIR SHOW performances at the La Porte Municipal Airport are a credit to all parties. • It is understood that CAPRICORN MARKETING will deliver to the City of La Porte a Certificate of Insurance in the amount of $1,000,000.00. Naming co-insured as designated by the City of La Porte, prior to 10 days of show time. CAPRICORN MARKETING will supply to the City of La Porte a hold harmless agreement, prior to 10 days of show time. Please sign both copies of this letter and return one for our files. I look forward to working with you. Sincerely, Thomas O. Martel Executive Vice President Accepted & Agreed to: • ............................... I. J. Kibodeaux Mayor Pro-Tem Approved: Knox Askins City Attorney • • BUSCH, HUTCHISON & ASSOCIATES, INC. CONSULTING ENGINEERS 11O7 FLEETWO0O DRIVE - BAYTOWN, TEXAS 77520 - PHONE (713) 422-8213 Is November 17, 1975 Honorable Mayor Pro Tem and City Commissioners City of La Porte P. 0. Box 1115 La Porte, Texas 77571 PARTIAL PAY ESTIMATE FOR WATER WELL NUMBER 5 We have performed a final inspection of the referenced installation and all contract items have been completed with the exception. of startup. This, of course, cannot be performed until the proposed water line is built. We therefore recommend that this payment with hold $750.00 for the startup item. The total contract as revised for completing the well in the Lower Alta Loma and rather than the Lissie is $294,700.00. This pay estimate then will be for $293,950.00 less previous payments of $254,655.00 or $39,295.00. ems P\r. 1lutchisOf�; P. . r - Ra, ce President JPH/sh u