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HomeMy WebLinkAbout1976-11-01 Regular Meeting• 6 • MINUTES - REGULAR MEETING OF THE LA PORTE CITY COMMISSION, LA PORTE, TEXAS NOVEMBER 1, 1976 7:00 P.M. MEMBERS OF THE COMMISSION PRESENT: Mayor J. J. Meza, Commissioners Bill Love, Virginia Cline, and Tom C. Simons. MEMBERS OF THE COMMISSION ABSENT: Commissioner I. J. Kibodeaux. OTHER CITY OFFICIALS PRESENT: Larry L. Broussard, Director of Finance; Margie Goyen, City Clerk; Knox Askins, City Attorney; H. F. Freeman, Chief of Police; Royal Shepherd, Assistant Public Works Director; Robert Crager, Assistant Fire Chief. • OTHERS PRESENT: A. J. Busch, Jr. and David Corbin of Busch, Hutchison & Associates, Inc., Consulting Engineers. PRESIDING: Mayor Meza. 1. CALL TO ORDER - Mayor Meza called the meeting to order. 2. INVOCATION - The invocation was given by Commissioner Simons. 0 • 0 • • Regular Meeting 11/1/76 3. ACCEPT BIDS - CHAIN LINK FENCE FOR JUNK CARS AT DISPOSAL PLANT - The following bids were opened and read aloud: HOUSTON FENCE COMPANY, INC. BID: $8,203.00 P. 0. Box 310 ALTERNATE $8,713.00 Stafford, Texas 77477 ALTERNATE $9,441.00 DOW FENCE COMPANY P. 0. Box 5370 Pasadena, Texas 77503 $7,780.00 Motion by Commissioner Cline, seconded by Commissioner Simons that the bids be accepted for tabulation. Motion carried by the following vote: AYES: Commissioners Love, Cline, and Simons. NAYS: None. 2 4. APPROVAL OF MINUTES - REGULAR MEETING - OCTOBER 20, 1976 - Motion by Commissioner Cline, seconded by Commissioner Simons to approve the minutes of the regular meeting of October 20, 1976 as presented. Motion carried by the following vote: AYES: Commissioners Love, Cline, and Simons. NAYS: None. 5. APPROVAL OF ACCOUNTS PAYABLE - After a brief discussion, motion by Commissioner Love, seconded by Commissioner Simons to approve the Accounts Payable as presented. A copy of the Accounts Payable is attached and made a part of these minutes. Motion carried by the following vote: AYES: Commissioners Love, Cline, and Simons. NAYS: None. • 0 Regular Meeting ll/l/76 3 6. VISITORS WISHING TO ADDRESS THE COMMISSION - Mr. H. P. Pfeiffer - 619 S. Brownell - was recognized and addressed the Commission regarding the possible hiring of a Tax Assessor -Collector. Mr. Pfeiffer stated that he was not present to criticize, but due to industrial contracts, much consideration should be given before changing Appraisers and was of the opinion that the City could not afford to pay for a person qualified to appraise both real property and industrial property. Commissioner Cline stated she was of the opinion that there were many tax inequities and an in-house Tax Assessor was needed. 7. CONSIDER AWARDING BID - CONSTRUCTION OF IMPROVEMENTS - LA PORTE MUNICIPAL AIRPORT - Motion by Commissioner Love, seconded by Commissioner Simons to table awarding the bid for Construction of Improvements at the La Porte Municipal Airport until approval of the low bidder has been received from the F.A.A. Motion carried by the following vote: AYES: Commissioners Love, Cline, and Simons. NAYS: None. 8. CONSIDER APPROVING PAYMENT TO BUSCH, HUTCHISON & ASSOCIATES IN THE AMOUNT OF $38,250.00 FOR ENGINEERING FEE AND PRELIMINARY AND DESIGN PHASES - IMPROVEMENTS FOR LA PORTE MUNICIPAL AIRPORT - Motion by Commissioner Cline, seconded by Commissioner Love to approve payment to Busch, Hutchison & Associates in the amount of $38,250.00 for engineer fee and preliminary and design phases for Improvements for La Porte Municipal Airport. Motion carried by the following vote: AYES: Commissioners Love, Cline, and Simons. NAYS: None. • Regular Meeting ll/l/76 4 9. CONSIDER APPROVING PAY ESTIMATE TO BEN FELTS UTILITY CONTRACTING COMPANY - NORTH 16TH STREET WATER MAIN IN THE AMOUNT OF $4,291.27 - Motion by Commissioner Cline, seconded by Commissioner Simons to approve a pay estimate to Ben Felts Utility Contracting Company in the amount of $4,291.27 for the North 16th Street Water Main. A copy of the pay estimate is attached and made a part of these minutes. Motion carried by the following vote: AYES: Commissioners Love, Cline, and Simons. NAYS: None. 10. CONSIDER APPROVING PAY ESTIMATE - MC KEY CONSTRUCTION & EQUIPMENT RENTAL - 16TH STREET SEWER LINE - IN THE AMOUNT OF 38,112.08 - Motion by Commissioner Love, seconded by Commissioner Cline to approve a pay estimate to Mc Key Construction & Equipment Rental in the amount of $38,112.08 for the 16th Street Sewer Line. A copy of the pay estimate is attached and made a part of these minutes. Motion carried • by the following vote: AYES: Commissioners Love, Cline, and Simons. NAYS: None. 11. CONSIDER APPROVING FINAL PAY ESTIMATE - R. T. BISHOP CONSTRUCTION COMPANY - IN THE AMOUNT OF $6,757.15 FOR SANITARY SEWER - LA PORTE MUNICIPAL AIRPORT - Motion by Commissioner Simons, seconded by Commissioner Cline to approve a final pay estimate to R. T. Bishop Construction Company in the amount of $6,757.15 for sanitary sewer at La Porte Municipal Airport. A copy of the final pay estimate is attached and made a part of these minutes. Motion carried by the following vote: AYES: Commissioners Love, Cline, and Simons. NAYS: None. C • Regular Meeting ll/l/76 5 12. CONSIDER APPROVING PROPOSED ORDINANCE NO. 1051 - CONCERNING A PORT"ION OF THE ALLEY IN BLOCK 44, BAYFRONT ADDITION - After the proposed ordinance was read in full, motion by Commissioner Cline, seconded by Commissioner Simons to approve Ordinance No. 1051 as read. Motion carried by the following vote: AYES: Commissioners Love, Cline, and Simons. NAYS: None. CAPTION: AN ORDINANCE DECLARING THE POLICY OF THE CITY OF LA PORTE CONCERNING A PORTION OF THE ALLEY IN BLOCK 44, BAYFRONT ADDITION TO THE TOWN OF LA PORTE; AND PROVIDING AN EFFECTIVE DATE HEREOF. 13. CONSIDER APPROVING PROPOSED ORDINANCE NO. 1052 - AUTHORIZING LEASE WITH GREGORY AVIATION AT LA PORTE MUNICIPAL AIRPORT - • After the proposed ordinance was read in full, motion by Commissioner Simons, seconded by Commissioner Cline to approve Ordinance No. 1052 as read. Motion carried by the following Vote: AYES: Commissioners Love, Cline, and Simons. NAYS: None. CAPTION: AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY CLERK OF THE CITY OF LA PORTE FOR AND ON BEHALF OF THE CITY OF LA PORTE TO EXECUTE AND TO AFFIX THE SEAL OF THE CITY TO AN AGREEMENT OF LEASE BETWEEN THE CITY, AS LESSOR, AND GREGORY AVIATION, A CO -PARTNERSHIP, AS LESSEE, FOR A PERIOD OF TWENTY (20) YEARS, BEGINNING ON THE 1ST DAY OF JANUARY, 1977, AND ENDING ON THE 31ST DAY OF DECEMBER, 1996, FOR THE LEASE OF A PORTION OF THE CITY OF LA PORTE MUNICIPAL AIRPORT, TOGETHER WITH THE RIGHT TO USE APPURTENANT FACILITIES THEREAT, ACCORDING TO THE TERMS, PROVISIONS, AND CONDITIONS CONTAINED IN SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE OF THIS ORDINANCE. • • Regular Meeting ll/1/76 6 14. CONSIDER APPROVING PROPOSED ORDINANCE NO. 1053 - DESIGNATING STATE HIGHWAY 498 AS WHARTON WEEMS BOULEVARD - After the proposed ordinance was read in full, motion by Commissioner Cline, seconded by Commissioner Simons to approve Ordinance No. 1053 as read. Motion carried by the following vote: AYES: Mayor Meza, Commissioners Cline and Simons. NAYS: None. ABSTAINED: Commissioner Love. CAPTION: AN ORDINANCE ESTABLISHING THE NAME OF STATE HIGHWAY SPUR 498, A PUBLIC STREET IN THE CITY OF LA PORTE, AS "WHARTON WEEMS BOULEVARD"; AND PROVIDING AN EFFECTIVE DATE HEREOF. 15. CONSIDER APPROVING PROPOSED ORDINANCE NO. 1054 - DEDICATING A PUBLIC STREET TO BE KNOWN AS "AIRPORT BOULEVARD" - Motion • by Commissioner Simons, seconded by Commissioner Cline to approve Ordinance No. 1054 as read. Motion carried by the following vote: AYES: Commissioners Love, Cline, and Simons. NAYS: None. CAPTION: AN ORDINANCE DEDICATING A PUBLIC STREET TO BE KNOWN AS "AIRPORT BOULEVARD" AT THE CITY OF LA PORTE MUNICIPAL AIRPORT; AND PROVIDING AN EFFECTIVE DATE HEREOF. • • Regular Meeting ll/l/76 7 16. CONSIDER APPROVING PROPOSED ORDINANCE NO. 1055 - AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF SHOREACRES, TEXAS, AND THE CITY OF LA PORTE, TEXAS, FOR THE APPORTIONMENT OF EXTRATERRITORIAL JURISDICTION - After the proposed ordinance was read in full, motion by Commissioner Cline, seconded by Commissioner Love to approve Ordinance No. 1055 as read. Motion carried by the following vote: AYES: Commissioners Love, Cline, and Simons. NAYS: None. CAPTION: AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SHOREACRES, TEXAS, AND THE CITY OF LA PORTE, TEXAS, FOR THE APPORTIONMENT OF EXTRA- TERRITORIAL LAND EXISTING WITHIN THE EXTRATERRITORIAL OVERLAP JURISDICTION OF THE CITY OF SHOREACRES AND THE CITY OF LA PORTE WHEREIN THE TWO CITIES MUTUALLY AGREE WITH EACH OTHER WHAT LAND WITHIN THIS OVERLAP AREA WILL BE ANNEXED TO THE CITY OF LA PORTE AND WHAT AREA WITHIN THIS OVERLAP LAND WILL BE ANNEXED TO THE CITY OF SHOREACRES; AUTHORIZING EXECUTION OF SAID • AGREEMENT ON BEHALF OF THE CITY OF LA PORTE BY THE MAYOR AND ATTESTATION BY THE CITY CLERK; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 17. CONSIDER APPROVING PROPOSED ORDINANCE NO. 1056 - AN ORDINANCE DECLARING THE INTENTION OF THE CITY OF LA PORTE TO INSTITUTE PROCEEDINGS TO ANNEX CERTAIN TERRITORY; CALLING A PUBLIC HEARING AT WHICH ALL INTERESTED PARTIES SHALL HAVE AN OPPORTUNITY TO BE HEARD; PROVIDING FOR THE PUBLICATION OF NOTICE OF SUCH HEARING BY THE PUBLICATION OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE HEREOF - After the proposed ordinance was read in full, motion by Commissioner Love, seconded by Commissioner Simons to approve Ordinance No. 1056 as read. Motion carried by the following vote: AYES: Commissioners Love, Cline, and Simons. NAYS: None. CAPTION: AN ORDINANCE DECLARING THE INTENTION OF THE CITY OF LA PORTE TO INSTITUTE PROCEEDINGS TO ANNEX CERTAIN TERRITORY; CALLING A PUBLIC HEARING AT WHICH ALL INTERESTED PARTIES SHALL • HAVE AN OPPORTUNITY TO BE HEARD; PROVIDING FOR THE PUBLICATION OF NOTICE OF SUCH HEARING BY THE PUBLICATION OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE HEREOF. • Regular Meeting ll/1/76 8 18. CONSIDER APPROVING AUTHORIZING DIRECTOR OF FINANCE TO CHANGE INSURANCE PLANS WITH BLUE CROSS - BLUE SHIELD - Motion by Commissioner Simons, seconded by Commissioner Cline to approve authorizing the Director of Finance to change insurance plans with Blue Cross - Blue Shield. Motion carried by the following vote: AYES: Commissioners Love, Cline, and Simons. NAYS: None. 19. CONSIDER APPROVAL OF JOINT USE AGREEMENT BY HOUSTON LIGHTING &POWER COMPANY ON SOUTHERN PACIFIC GRADE SEPARATION PROJECT - Motion by Commissioner Cline, seconded by Commissioner Simons to approve a Joint Use Agreement by Houston Lighting & Power Company on the Southern Pacific Grade Separation Project. Motion carried by the following vote: AYES: Commissioners Love, Cline, and Simons. is NAYS: None. 20. CONSIDER AUTHORIZING ADVERTISING AND ACCEPTING BIDS TO BE RECEIVED ON NOVEMBER 22, 1976, AT 7:00 P.M. FOR ONE TRUCK TIRE CHANGER - Motion by Commissioner Cline, seconded by Commissioner Simons to authorize advertising and accepting bids to be received on November 22, 1976, at 7:00 P.M. for one Truck Tire Changer. Motion carried by the following vote: AYES: Commissioners Love, Cline, and Simons. NAYS: None. 0 • 0 • Regular Meeting ll/l/76 9 21. CONSIDER AUTHORIZING ADVERTISING AND ACCEPTING BIDS TO BE RECEIVED ON NOVEMBER 22, 1976, AT 7:00 P.M. FOR ONE BACKHOE AND FRONT END LOADER - Motion by Commissioner Simons, seconded by Commissioner Cline to authorize advertising and accepting bids to be received on November 22, 1976, at 7:00 P.M. for one Backhoe and Front End Loader. Motion carried by the following vote: AYES: Commissioners Love, Cline, and Simons. NAYS: None. 22. CORRESPONDENCE - A. A letter from Mr. Robert C. Rose, 302 So. 6th Street was read requesting better drainage at West "B" and South 6th Streets. B. A letter from Mr. Robert Chase, Nebbestolen 79, 5033 Fyllingsdalen, Bergen, Norway, addressed to the • La Porte Independent School District complaining about high taxes and the City not willing to rezone his property. 23. DISCUSSION OF DEPARTMENT PROJECTS - COMMISSIONER CLINE made a request to meet with the Assistant Public Works Director to discuss the need for a new Spreader. UNIFORMS - The Director of Finance was authorized to obtain quotations for uniform service. GRADE A WATER CERTIFICATE - The Acting Director of Public Works informed the Commission that Mr. Joe A. Rocha, Waste - Water Superintendent, had received the highest certificate issued to water utilities personnel, a Grade A Water Certifi- cate. A copy of the letter from the Texas Department of Health Resources is attached and made a part of these minutes. REPORT ON AVAILABILITY OF WATER AND SEWAGE SERVICE TO PROPOSED DEVELOPMENT NORTH OF SPENCER AND IMMEDIATELY WEST OF THE AIRPORT - The Engineer presented a letter on the availability ooFwater and sewage service. A copy is attached and made a part of these minutes. A copy of the letter mailed to the Mischer • Corporation is attached and made a part of these minutes. 0 0 • Regular Meeting ll/1/76 10 24. EXECUTIVE SESSION - V.A.T.S. - ARTICLE 6252-17 - SECTION 2 (E) (LITIGATION) - Motion by Commissioner Cline, seconded by Commissioner Simons that the meeting recess to an executive session with the attorney to discuss litigation. Motion carried by the following vote: AYES: Commissioners Love, Cline, and Simons. NAYS: None. The meeting recessed at 8:40 P.M. The meeting reconvened at 10:10 P.M. 25. ADJOURNMENT - Motion by Commissioner Love, seconded by Commissioner Simons that the meeting adjourn. Motion carried by the following vote: • AYES: Commissioners Love, Cline, and Simons. NAYS: None. The meeting adjourned at 10:12 P.M. Passed and approved this the 22nd day of November, 1976. J. J. Meza, Mayor LJ a C Mdr'gie6Coyen, Ci y Clerk AUTHORIZED PSBURSEMENTS PAGE 1 10-28-76 A & B MUFFLER TAILPIPE 001-703-402.00 25.81 10-28-76 2039 $25.81 ACUPIAN CORP. POWER SUPPLY 002-775-416.00 130.00 10-28-76 2040 $130.00 ADMIRAL LINEN UNIFORMS 001-706-202.00 7.50 001-107-210.00 8.30 001-710-202.00 7.88 001-750-759.00 105.85 002-775-205.00 24.90 002-776-205.00 24.90 10-28-76 2041 $179.33 AIR COOLED ENGINE SERVICE REPAIRED MOWER 001-210-001.00 219.10 10-28-76 2042 $219.10 OIM BALL INTERNATIONAL AUTO PARTS 001-210-001.00 229.09 001-708-402.00 72.22 001-709-402.00 36.93 001�709-404.00 45.52 10-26-76 2043 $383.76 BARRETT'S HEATING PHASE MTR., FILTER 001-706-301.00 207.49 10-28-76 2044 $207.49 BAYSHORE OFFICE SUPPLY CALENDAR REFILLS 001-210-001.00 6.95 10-28-76 2045 $11.95 PAGE TOTALS 4154.44 AUTHORIZED ADURSEMENTS • PAGE 2 10-28-76 BAYTOWN COMMUNICATIONS REPAIRS, TRANSFORMERS 001-210-001.00 265.60 001-707-407.00 45.00 001-710-404.00 10.50 10-28-76 2046 $321.10 BROWN & ROOT, INC. TYPE "D" HMAC 001-709-302.00 552.00 10-28-76 2047 $552.00 BLUE CROSS -BLUE SHIELD EMPLOYEE HOSP. 001-150-753.00 5571.85 10-28-76 2048 $5,571.85 BUSCH, HUTCHISON & ASSOCIATES ENG. FEES, SURVEYS 002-775-608.00 2531.48 10-28-76 2049 $2,531.48 COMPTON'S FLOWER DRUM KOBODEAUX, FREEMAN 001-700-510.00 22.74 10-28-76 2050 $22.74 CONSOLIDATED ELECTRIC LITHONIA 001-710-301.00 38.74 10-28-76 2051 $38.74 DYNATEK CAR WASH 001-710-205.00 43.50 10-28-76 2052 $43.50 ERNIE'S FOOD CATERING 002-775-605.00 352.50 10-28-76 2053 $362.50 EDELMAN'S UNIFORMS 001-707-210.00 22-.SO.45 10-28-76 2054 y _ ' S2, 280. 45 GULF SPECIALTIES MFG. BUILT-UP VALVE 002-775-416.00 430.00 10-28-76 2055 $480.00 { PAGE TOTALS 1L%J4.36 AUTHORIZED DISBURSEMENTS PAGE 3 10-28-76 GULF OIL PRODUCTS GASOLINE 001-710-207.00 1247.3E 10-28-76 2056 $1,247.38 HARRISON EQUIPMENT CO. TELEMEIER FUR IUWER 002-775-416.00 254.14 10-28-76 2057 $254.14 HOUSTON L & P ELECTRICITY 001-210-001.00 178.18 002-201-000.00 60.31 002-775-601.00 35.10 10-28-76 2058 $273.59 HOUSTON WELDING SUPPLY CYLINDER RENTAL 001-210-001.00 24.75 10-28-76 2059 $24.75 HUMPHREY SUPPLY CO. HOSE 001-70B-402.00 41.50 10-28-76 2060 $41.50 INDUSTRIAL SOLVENTS BLITZ 001-?10-206.00 78.60 10-28-76 2061 $78.60 IBM 001-210-001.00 10-28-76 2062 INTERSTATE BATTERY 001-1157000.00 10-28-76 2063 HUGH LANDRUM 001-210-001.00 10-28-76 2064 L.UNDAY'S SHELL STATIQI"{ 001-210-001.00 1.0-28-76 2065 ELEMENT 18.00 $18.00 BATTERIES 109. 90 $109.90 TAX APPRAISAL 5000.00 $5,000.00 SEAL BEAM- 5.90 $5.90 PAGE TOTALS 7C53.76 AUTHORIZED DISBURSEMENTS PAGE 4 10-28-76 LUMUS BAYTOUN DODGE AUTO PARTS 001-707-402.00 39.56 001-708-402.00 11.66 001-710-402.00 29.73 002-775-503.00 3.40 10-28-76 2066 $B4.35 MORRIS COVIN & ASSOCIATES POLYGRAPH 001-707-510.00 25.00 10-28-76 2067 $25.00 MUNICIPAL FINANCE OFFICERS SUBSCRIPTION 001-750-751.00 30.C,j 10-20-76 2068 $30.00 DAY MARKS CHEVROLET SERVICE, AUTO PARTS 001-210-001.00 262.94 001-703-402.00 .80 001-708-402.00 6.10 001-710-402.00 99.38 10-28-76 2069 $369.22 FRANK GLASS MINIMAX CLEANING SUPPLIES 001-210-001.00 43.46 001-708-402.00 7.98 001-710-202.00 3.98 001-710-301.00 1.46 002-775-201.00 6.84 002-776-425.00 7.05 10-28-76 20i0 $70.77 FRANK GLASS MINIMAX COFFEE 001-703-201.00 G5.92 10-28-76 2071 $85.92 PAGE T07ALS ,5.26 5 i • ( • AUTHORIZED DISBURSEMENTS PAGE 5 10-28-76 NIXDORF COMPUTER RIBBONS 001-700-205.00 29.75 10-28-76 2072 $29.75 PRUITT BROWNING CONCRETE PIPE 001-210-001.00 678.00 10-28-76 2073 $678.00 PFEIFFER-GAMBRELL ELECTRICAL SERVICE 002-775-416.00 357.16 10-28-76 2074 $35".16 RADIO SHACK SCANNER, RADIO EQUIPMENT 001-228-011.00 286.24 10-28-76 2075 $286.24 REVERE SUPPLY CO. ACTIVATING SWITCH 002-776-425.00 256.00 10-28-76 2076 $256.00 RIDGWAY'S ERADICATOR, REPRODUCTIONS 002-201-000.00 67.10 001-710-930.00 30.77 10-28-76 2077 $97.87 THE ROHAN CO. MACHMNE PARTS 002-115-000.00 3733.44 002-775-923.00 554.05 10-28-76 2073 $4,687.49 S & H MAINTENANCE BATTERIES 001-21U-001.60 14.46 001-703-4-07.00 37.12 10-28-76 2075; $51.58 SOUTH SI-DE_CAHERA CENTER CAMERA PARTS, CASE 001-707-209.00 45.80 001-707-938.00 73.65 10-28-76 %0 $119.45 PAGE TOTALS c563.54 "DISBURSEMENTS� AUTHORIZED PAGE 6 10-28-76 SKYLARK CAMERA LENS PARTS • 001-707-205.00 4.89 001-707-938.00 204.65 10-28-76 2081 $209.54 SHARP GRAIN CO. SURE WIPES 001-115-000.00 37.54 10-28-76 2082 $37.54 STANDARD COFFEE SERVICE COFFEE SERVICE 001-210-001.00 34.41 001-700-201.00 46.05 001-707-201.00 80.07 001-710-201.00 9.07 10-28-76 2083 $169.60 3M BPSI. MTS6104 MAINT. AGREEMENT g8$- i . e 750.00 001-210-001.00 • 10-28-76 2084 $"t50.00 TIRES "R" US TIRES 002-775-503.00 49.98 10-28-76 2085 $49.98 TRI-TON MFG. CORP. ORANGE AID. SPRAYERS 002-776-201.00 2174.75 10-28-76 2086 $2,174.75 TRIPLE "S" FIRES TIRES 001-707-402.00 406.20 001-210-001.00 160.40 r 10-28-76 2087 $566.60 UTILITY SUPPLY METER BOXES ` 002-115-000.00 181.25 10-28-76 2088 $181.25 VERMEER SALES OF TEXAS TRAILER HITCH r • 001-708-402.00 12.95 10-28-76 2089 $12.95 PAGE TOTALS 4152.21 AUTHORIZED DISBURSEMENTS PAGE 7 10-28-76 WALKER BEARING CO. RINGS 001-708-402.00 3.00 10-28-76 2090 $3.00 WEST PUBLISHING CO. REPORTS 001-750-751.00 10.00 10-28-76 2091 $10.00 WESTERN AUTO ASSOCIATE SOTRE FLASHLIGHTS, TAPE 001-115-000.00 28.10 10-20-76 2092 $28.10 HOB WILLIAMS 609 MIDWAY 001-115-000.00 243.15 10-28-76 2093 $243.15 DR. M. H. WYATT WORK PHYSICALS 001-210-001.00 150.00 10-28-76 2094 $150.00 XEROX CORP. PAPER, RENTAL 001-700-203.00 51.14 001-707-511.00 18.65 10-28-76 2095 $69.79 DANIEL'S DUMP TRUCK LIMESTONE 001-709-302.00 1376.72 10-28-76 2096 $1,376.72 PAGE TOTALS 1880.76 AUTHORIZED DISBURSEMENTS PAGE 8 10-28-76 TOTAL DEBIT POSTED EXPENDITURE 20884.06 G/L DEBIT 12790.27 TOTAL GROSS - DISCOUNT = NET CHECK 33674.33 .00 33674.33 1 21979.98 2 11694.35 33674.33 001-101-000.00 33674.33- .00- • � A • BUSCH, HUTCHISON & ASSOCIATES, INC. CONSULTING ENGINEERS 1107 FLEETWOOD DRIVE - BAYTOWN, TEXAS 77520- - PHONE (713) 422-8:413 • 0 October 21, 1976 Honorable Mayor City of La Porte P. 0. Box 1115 La Porte, Texas and City Commission 77571 LA PORTE MUNICIPAL AIRPORT IMPROVEMENTS CONTRACT AWARD RECOMMENDATION JOB NUMBER 73-997, FAA ADAP PROJECT NUMBER 5-48-0127-02 Nine bids were received and opened on Wednesday, October 20, 1976. The attached bid tabulation is for your information. The low bidder is SKRLA, Inc., a contractor out of Houston with whom we have had previous experience. All the bids were found to be in order including SKRLA's and we recommend that SKRLA, Inc. be awarded the contract. A copy of this letter along with the tabulation has been sent to FAA for review. When we receive their approval of the recommendation we are authorized to make the award. This procedure should be accomplished in time for this action to be taken at the scheduled November 1, 1976, Commission meeting. 6mes P. Hutchison, P.E. ce President JPH/sh cc: FAA Southwest Region Houston- Airports district- 0ff-ice-- -- -- 8800 Paul B= Ks -once Drive,_ Room 225_ Houston, Texas -77051 ---- =- UNIT PRICES BID FOR LANPORTETM�NICZPgLOF PA�RPQRTT$ TQ CITY OF LA PORTE: Job No. 73-997 BID OPENING: Qctober 20, 1976 Item No. Item Quantity Unit. SKRLA INC. FAIRMONT PAVING & UTILITIES INC. MARATHON PAVING & UTILITY CONSTRUCTORS B W F GENERAL CONTRACTORS, INC. Unit Price Tota Unit Price Tota Unit Price Total Unit Price Total 1. Site Work - Excavation and fill 36,000 C.Y.1 1.00 36,000.00 .95 34,200.00 1.30 46,800.00 1.98 71,280.00 2. Lime Treated Subgrade 20,800 S.Y. 1.25 26,000.00 1.25 26,000.00 1.30 27,040.00 1.15 23,920.00 3. Crushed. Aggregate Base Course 3,700 C.Y. 20.2.5 74,925.00 19.24 71,188.00 20:22, 74,814.00 16.75 61,975.00 AhA Bituminous Surface Course 1,700 Ton 19.90 33,830.00. '21.00 35,700.00 18.98 32,266.00 20.50 34,850.00 Bituminous Prime Coat 5,200 Gal. .50 2,600.00 1.00 5,200.00 .59 3,068.00 .75 3,900.00 6. Bituminous Tack'Coat 3,100. Gal. .50 1,550.00 1.00 3,100.00 .59 1,829.00 .70 2,170.00 7. Runway and Taxiway lPainting3,000 S.F. .35 11050.00 .30 900.00 .25 750.00 .65 1,950.00 8. Culverts 120 L.F. 17.00 2,040.00 16.66 1,999.20 -11.58 1,389.60 12.50 1,500.00 9. Electrical to install one taxiway light and relocate one taxiway li ht All Lump Sum 4,800.00 4,800.00 6,214.87 6,214.87 _50153.00 5,153.00 �_,;�... $193,109.60 6.000.00 G 000�00 $207,545.00 1 TOTAL BASE BID'.. $182,795.00 $184,502.07 :'.IT PRICES BID FOR �A��PQRTETh'�'�I�IPALPA�RPORTTS TQ CITY OF LA PORTE: Job No. 73-997 BID OVENIq: Qctober 20, 1976 FAIRMONT PALING & MARATHON PAVING & B W F GENERAL Ilea SKRLA, INC. UTILITIES INC. UTILITY CONSTRUCTORS CONTRACTORS, INC. Unit Price Tota Unit Price Total Unit Price Total Unit Price; Total tio, Item uantit Unit 1. Site Work - Excavation and fill 550 C.Y. 1.00 550.00" .95 522.50 1.13 621.50 4.05 2,2271.50 2. (Lime Treated Subgrade 9,000 S.Y. 1.25 11 250.00 1.25 11 250.00 .. 1.30 11 700.00 1.15 10 350.00 3. Crushed.Aggregate Base Course 1,600 C.Y.1 20.25 32,400.00 19.24 30,784.00 20;22.. 32 352.00 16.75 26 800.00 . Bituminous Surface Course 750 Ton 19.90 14,925.00, '21.00 1t5,750.00 18.9.8 14 235.00 19.50 14 625.00 Bituminous Prime Coat 2,200 Gal. .50 1,100.00 1.00 2,200.00 .59 1,298.00 .75 1,650.00 6. Bituminous Tack,Coat 1,350 Gal. .50 675.00 1.00 1,350.00 .59 796.50 .70 945.00 . � 7. i- (Runway and Taxiway � � Ru way - 1,400 S.F. .35 490.00 .30 420.00� r .26 364.00 .65 910.00 8. Culverts ^120 L.F. 17.00 2,040.00 16.66 1,999.20 11.58 1,389.60 12.50 1,500.00 9. Electrical to install one (taxiway light and relocate - -- All Lump Sum 5,000.00 5,000.00 5,337.25 5,337.?.5 51368.00 59368.00 6,000,00 60000100 one taxiwayli ht TOTAL - ALTERNATE N0..1 $68,430.00 $690612.95 $68,124.60 $66,007,50 UNIT F ;ICES BID FOR LANFORTETM�NI,�IPgLFgI,ZPQEjTT$ TQ CITY Or I_A POR'IF; job lJo. 73-1)97 UIl) Q<Wljri- �'O, 19/0 Item l No. Item Quantity Unit, SKRLA, INC. FAIRMONT PAVING & UTILITIES INC. MAf� lib PAVING UTILITY CONSTRUCTORS ] C;�i CONTRACTORS, INC. Unit Price Total Unit Price Total Unit Price Total Unit Price; Total 1. Site Work - Excavation and-. fill - 250 C.Y. 1.00 250.00 1.95 487.50 1.13 282.50 4.05 1,012.50 2. Lime Treated Subgrade 5,500 S.Y. 1.25 6,875.00 1.25 6,875.00 .1 30 7,150.00 1.15 6.325.00 3. Crushed Aggregate Base Course � 1,000 C.Y. 20.25. 20,250:00 19.24 19,240.Od 20.0 20,220.00 16.75 16,750.00 4. Bituminous Surface Course 450 Ton 19.90 8,955.00. 21.00 9,450.00. 78.98 8,541.00 19.50 8,775.00 Bituminous'Prime Coat 19350 Gal. .50 675.00 1.00 1,350.00 :59 796.00 .75 1,012.50 6. Bituminous Tack Coat 800 Gal. .50 400.-00 1.00 800.00 .59 472.00 .70 560.00 7. Runway and Taxiway- Painting 600 S.F. .35 21000 .30" .180.00 .28 168.00 .65 390.00 8. Culverts 60 L.F. 17.00 .1,020.00 16.66 999.60 11.58 694.80 12.50' 750.00 9. Electrical to install one (taxiway light and relocate one taxiway light - -- - 0 - Lump Sum ---- ---- ---- ---- ---_ .__- .... ._.. TOTAL - ALTERNATE NO.•2 TOTAL OF COMBINED.BIDS* $38,635.00 $39,382.10 $38,324.80 $35,575.00 $289.,860.00 $293,497.12 ' $299,559.00 $308 127.50 OTHER COMBINED TOTAL BIDS: Brown & Root, Inc. ......:...,: $309-,176.00 West Construction Company, Inc. $325,361.00 Warren Brothers Company........... $358,030.00. McKey Construction & Equipment Rentals, Inc. ........ $365,403.00 Star Concrete Construction, Inc. .. $391.,870.00 • _ INVOICE -NO. 1429 BUSCH, HUTCHISON & ASSOCIATES, INC. CONSULTING ENGINEERS 1107 FLEETWOOD DRIVE - SAYTOWN, TEXAS 77520 - PHONE (713) 422-8213 41 City of La Porte P. 0. Box 1115 La Porte, Texas 77571 Attention: Per. Larry Broussard Contract or Purchase Order No. Date: October 26, 1976 Our Job No. 73-997 Date Reference Description of Work Ordered By: Charges Payments Received Balance Due I.r1'PROV-Fj1ENTS FOR LA PORTE MUNI:CIPAL AIRPORT FAA ADAP B 5-48-0127-02 Engineering Fee for Prel 1 airtary and Design Phases LSee Section V Paragrapht A. Cl) and (2)] 38,250.00 $38,250.00 BUSCH, HUTCHISON & ASSOCIATES, INC. CONSULTING LN OINt[llf 1107 ILLLTW000 ORIV[ - DAYTOWN, TLXAS 77820 -- ?MOML 17131 /22-s2111 , ber 28, 1976 i ESTIMATE NUMBER: One (1) of Change Order # 1 - PROJECT: City of La Porte - North 16th Street Water Main - Job No. 76-1351 CONTRACTOR: BEN FELTS UTILITY CONTRACTING CO., P. 0. Box 1249, Pearland, Texas 77581 AMOUNT OF CONTRACT: $21,972.07 CONSTRUCTION.TIME: 30 Working Days Item No. Item Quantity.Unit Unit Price Total 1. 8" Class 150 Asbestos -Cement Water Line, Open Trench Con- 900 6.66 5,994.00 struction, Complete in place 1,740 L.F. 5.86 10,196.40 2. 8" Class 150 Asbestos -Cement Water Line, Augered Con- struction, Complete in place 78 L:F. 19.36 1,510.08 �. 6" Class 150 Asbestos -Cement Water Line, Open Trench Con- struction, Complete in place 45 L.F. 4.40 198.00 4. 8" x 8" Tapping Sleeve and Valve w/Valve Box, Complete in place 1 Each 697.02 697.02 5. 8" Gate Valve w/Valve Box, Complete in place 2 Each 297.60 595.20 6. 8" x 6" C. I. Tee, Complete - - in place 3 Each 116.30 348.90 7. 6" Gate Valve w/Valve Box, lComplete in place 4 Each 231.00 924.00 8. Fire Hydrant, 4' Bury, with "Hydrolok Connector, ----Complete in plage 2 Each 581.32 1,162.64 9. 6" Plug, Complete in lace 2 Each 29.00 58.00 10. 8" Plug, Complete in= lace _ - - - 1 Each 31.00 31.00 Page Two - City Ben of La Porte Felts Util` - rth 16th OWracting Street Water Mai Co.. -_Job No. 76?&50 Estimate .._. tem No. Item Quantity Unit Unit Price Total 11. Remove and Replace Flexible Base Pavement with 6" Cement Stabilized Shell Base and 1-1/2" Type "F" Hot Mix Asphaltic Concrete Surface, Complete in lace 111 S.Y. 22.36 2,481.96 12. Road Shell for Repair of Shoulders, etc. (Delivery Ticket Basis) Complete in place - 0 - C.Y. 14.00 - 0 - TOTAL WORK COMPLETED $24,197.20 EXTRA WORK: 2" PVC Service Lines across N. 16th Street Cost $453.05 plus 15% $521.00 • Locate and plug existing 8" A.C. Water Main Cost $370.95 plus 15% 426.59 TOTAL EXTRA WORK $947.59 TOTAL WORK COMPLETED PLUS EXTRA -WORK $25,144'.79 Pay 90 % of $ 25,144.79 = $ 22,629.74 Less Previous'Payments = 18 338.47 PAY THIS AMOUNT $ 4,291.27 BUSCH, HUTCHISON & ASSOCIATES, INC. CONSULTING eNOIN[[Rf 1107 FLt[TWOOD DRIV< — NAYTOWN, T[XA6 77520 — PHONK 17131 422-8212 Pober 30, 1976 ESTIMATE NUMBER: Two (2) October 1, 1976, through October 30, 1976 PROJECT: City of La Porte - Sanitary Sewer Line Along South.l6th Street - Job No. 76-1307 CONTRACTOR: McKey Construction & Equipment Rentals, Inc., P. 0. Box 9, La Porte, TX 77571 AMOUNT OF CONTRACT: $91,676.32 CONSTRUCTION TIME: 90 Working Days Item No. Item Ouantity Unit Unit Price Total 1. 12" V.C. Sanitary Sewer, R.G. Joints, 8' - 10' Cut, Complete in place 300 L.F. 10.50 3,150.00 2. 12" V.C. Sanitary Sewer, R.G. Joints, 6' - 8' Cut, dek Complete in place 830 L.F. 8.75 7,262.50 3. 12" V.C. Sanitary Sewer, R.G. Joints, 0' - 6' Cut, Complete in place - - 500 L.F. 8.30 - 4,150.00 4. 12" Steel Sanitary Sewer Creek Crossing, as shown on Plans and Specifications, Complete in place _ _40 L.F. 30.00 A 200.00- 5. 12" C.I. Sanitary Sewer Class 22, A1,A4A Specifi- cation C-106, 0' - 6' Cut, as shown on Plans, Complete in lace L.F.18 16.35 294.30 6. 10" V.C. Sanitary Sewer, R.G. Joints, 6' - 8' Cut, Complete in lace L.F.9030 F . 6,497.00 _ 7. 10" V.C. Sanitary Sewer, R.G. Joints, 0' - 6' Cut, Complete in place 1,350 L.F. 7.30 9,855.00 8. 10" P.V.C. Sanitary Sewer, R.G. Joints, SDR 35 by Augered Construction, Complete in lace - 0 - L.F. 25.00 - 0 - Page Two - Cit of La Pore - South 16th Street Sanitary Sewer Line - Job No. 76-1307 g Y McKey Construction Company - Estimate No. 2 . Item No. Item QuAntity Unit _Wt Price Total 9. 10" C.I. Sanitary Sewer Class 22, AVA4A Specifi- cation C-106., 6' - 8' Cut, as shown on Plans, Com lete in place 18 L.F. 13.67 246,06 10. 10" C.I. Sanitary Sewer Class 22, AWWA Specification C-106, 0' - 6' Cut as shown on Plans, Complete in place 18 L.F. 13.67 246.06 11. 8" V.C. Sanitary Sewer, R.G. Joints, 6' - 8' Cut, Complete in place 540 L.F. 6.60 3,564.00 12. 8" V.C. Sanitary Sewer, R.G. Joints, 0' - 6' Cut, Complete in place 2,500 L.F. 6.30 15,750.00 13. 8" Steel Sanitary Sewer Creek Crossing, as shown on • Plans and Specifications, Complete in place 40 L.F. 25.00 1,000.00 14. 6" V.C. Sanitary Sewer, R.G. Joints, 0' - 6' Cut, Complete in place 200 L.F, 5.70 1,140.00 15. 4" V.C. Stacks at service wyes, R.G. Joints, 0' - 6' - -Cut, Complete in place 180 L.F. 5.38 968.40 "- 16. Sanitary Seger Manhole, Standard depth to 8 feet deep, Compete in place 18 Each 550.00 9,900.00 17. Extra Depth for Sanitary Sewer Manhole in excess of 8 feet 5 V.F. 60.00 300.00 18. 12" x 4" V.C. Sanitary Seater Wye, R.G. Joints, Complete in place 1 Each 20.00 20.00 19. 10" x 4" V.C. Sanitary Wye, R.G. Joints, •Sewer Complete in place 18 Each 18.00 324.00 .-Page.Three - City of La Pte - South 16th Street Sanitar�ewer Line - Job No. 76-1307 McKey Construction Compan Estimate No. 2 em Item Quantity Unit Unit Price Total 20. 8" x 4" V.C. Sanitary Sewer Wye, R.G. Joints, Complete in place 2 Each 15.00 30.00 21. 611_x 4" V.C. Sanitary Sewer Wye, R.G. Joints, Complete in place 2 Each 12.00 24.00 22. 8" x 6" V.C. Sanitary Sewer Wye, R.G. Joints, Complete in place 1 Each 12.00 12.00 23. 6" Concrete Sanitary Sewer Plug, Complete in place 1 Each 8.00 8.00 24. 4" Concrete Sanitary Sewer Plu , Complete in lace 30 Each 7.00 . 210.00 25. Road Shell or Limestone for road, shoulder and driveway repair (Delivery Ticket Basis), Complete in place 258 C.Y. 15.00 ;3,870.00 26. Remove and replace flexible base driveways with 7" Cement Stabilized Shell Base and 1-1/2" Type "F" Hot Mix Asphaltic Concrete Surface, Com lete in place - 0 - S.Y. 15.00 - - 0 - 27. Remove existing concrete driveways and replace with 4" reinforced concrete - pavement, Com lete in place - 0 - S.Y. 30.00 0 - 28. Timber ordered left in 1000 Trench by Engineer - 0 - BdFt 300.00 - 0 - Total Work Completed $70,021.32 Page four - City of La Por- South 16th Street Sanitary �er Line - Job No. 76-1307 McKey Construction Company stimate No. 2 Pay 90 % of $ 70,021.32 = $ 63,019.18 Less Previous Payments 24,907.10 PAY THIS AMOUNT $ 38,112.4 Work Day Analysis Contractors first day of work - September-15, 1976 Inclement weather days in September - 2 October 2 TOTAL 4 Total work days since start -------- 33 Days lost due to inclement weather - _4 Days actually worked 29 Days left for completion - 90 - 29 = 61 Progress Number of days charged: 29 = 32 % Work performed to date: 70,021.32 = 76 Position 44 % or 40 days ---ahead -- Jamr/Idle tchison, P.E. J • BUSCH, HUTCHISON & ASSOCIATES, INC. CONSULTING ENGINEERS a 1107 FLEETWOOD DRIVE - BAYTOWN, TEXAS 77520 - PHONE (713) 422-8213 October 28, 1976 Honorable Mayor and City Commission City of La Porte P. 0. Box 1115 La Porte, Texas 77571 FINAL ESTIMATE - AIRPORT SANITARY SEWER LINE - JOB NO. 76-1320 The referenced project has been completed, and our inspection revealed all work to be done satisfactorily and in accordance with the Plans and Specifications. There is an underrun of $2,648.69 because the estimated amount of 6" line was more than that actually required. The total • project cost then is $31,590.29, and the final payment due at this time is $6,757.15. The attached affidavit certifies that the contractor has paid all labor and material bills. You will recall that the Texas Air National Guard is going to participate in the project to a maximum of about $22,000.00, the exact amount to be negotiated. The attached letter to Major Stepchinski outlines the cost of that portion of the line up to their service tap. The contractor also installed the ANG service line which is 100% their cost. Action on the part of the ANG has been delayed for some reason, and Major Stepchinski is going to attempt to get something moving as soon as possible. P- 1-0 . Hu son, .E. WH/dle cc: Major A. M. Stepchinski CON'I'RAc&!1*FFIDAVIT TO LOCAL GOVERN*A_1�NIT u THE STATE OF TEXAS COUNTY OF HARRIS BEFORE Mr., a Notary Public in and for Harris County, exas, on this day personally appeared R. T. Bishop who, after having been by me duly sworn, upon his oath deposes and says: That certain buildings, facilities, or improvements were constructed upon the La Porte Municipal Airport under contract executed between R. T. BISHOP CONSTRUCTION COMPANY, as contractor, and City of La Porte as owner, and dated 7- / 5� - •,7 & "at said buildings, facilities or improvements have been fully completed, and that all subcontractors, materialmen and labor contractors furnishing material and labor for the construction of the buildings, facilties or improvements, have been fully paid and that there are no disputed or unpaid labor or material claims against said buildings, facilities or improvements or the property upon which said buildings, facilities or improvements are situated, except -those noted on the attached list; and affiant hereby acknowledges receipt of all sums of money -due the contractor.under.the above mentioned contract. Affiant warrants that he is authorized to make this affidavit. • President Title SWORN TO AND SUBSCRIBED BEFORE N!E by the/sa'd R. T. Bishop on th is,,Sf day of- 19 Notary Public ,i;n and for Hari s THE STATE OF TEXAS COUNTY OF HARRIS County, Texas BEFORE ME, the undersigned authority, on this day personally appeared R. T. Bishop known to me to be the person whose name is subscribed to the foregoing inst=nent, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity stated therein. � GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of -C��n�A.D., 1976 otary Public i an Harris BUSCH, HUTCHISON & ASSOCIATES, INC. CONSULTING ENGINEER! 1107 FLEETWOOD DRIV[ - BAYTOWN. TEXAS 77E20 - PHONE (713) 422-8212 ober 27, 1976 ESTIMATE NUMBER: Final PROJECT: City of La Porte - Sanitary Sewers to Serve La Porte Municipal AirJob No. port 76-1320. No R. T. Bis,.op Construction Co., Inc. CONTRACTOR: and R. T. Bishop, A Joint Venture, P. 0. Box 961, Baytown, Texas 77520 AMOUNT OF CONTRACT: $34,238.98 CONSTRUCTION TIME: 45 Working Days Item No. Item Jr- UnitUnit Price Total 8,808.88 1.ntit 8" V.C. Sanitary Sewer, .. joints, 8' - 10' cut., —Complete in lace 1 192 L.F. 7.39 2. 8" V.C. Sanitary Sewer, R.G. joints, 6' - 8' cut, Complete in place 500 L.F. 6•39 3,195.00 1,031.20 • 3. 8" V.C. Sanitary Sewer, R.G. joints, Augered Construction Complete -in place 80 L.F. 12.89 4. 8" P.V.C. Sanitary Sewer, R.G. joints, SDR 35 by Augered Construction, —_Complete J.n place 60 L.F. 13.25 795.00 5. 6" V.C. Sanitary Sewer, R.G. joints, 6' - 8' cut, Complete in place 600 L.F. 4•98 2,988.00 6. 6" V.C. Sanitary Sewer, R.G. joints, 0' - 6' cut, -Complete in place 895 L.F. 4.73 4,233.35 399'.20 7. 6" V.C. Sanitary Sewer, R.G. joints, Augered Construction Complete in place 40 L.F. 9•98 8. Sanitary Sewer Manhole, standard depth to 8 feet Jeep, Com lete in lace 8 Each 600.00 4,800.00 Id.Extra depth for Sanitary Sewer Manhole in excess of 8 feet 8 V,F, 75.00 600.00 Page Two - City of La• rte - Construction of Sanitaryewers to Serve La Porte Municipal Airport - Job o. 76-1320 - Estimate R. T. Bishop Construction Company & R. T. Bishop 0 0 Item No. Item Quantity Unit Unit Price Total 10. 8" Cleanout, Complete in lace Delete Each 98.00 Delete ll.i 8" x 4" V.C. Sanitary Sewer Wye, R.G. joint, Complete in place 3 Each 37.66 112.98 12. 6" x 6" V.C. Sanitary Sewer Wye, R.G. joint, Complete in place 1 Each 15.29 15.29 13. 6" x 4" V.C. Sanitary Sewer Wye, R.G. joint, Complete in place - 0 - Each 15.29 - 0 - 14. 4" Concete Sanitary Sewer Plug, Complete in lace 3 Each 2.13 6.39 15. Road Shell or Limestone for road, shoulder, and driveway repair (delivery -ticket basis), Complete in place 204 C.Y. 15.00 3,060.00 16. Timber ordered left in 1000 _ trench by Engineer - 0 - BdFt 150.00 - 0 = 17. Remove and replace flexible base driveways with 7" cement stabilized shell base and 1-1/2" Type - __ = _--- "F" hot mix asphaltic concrete surface, Complete in place 1 103 1S.Y. 1 15.00 1,545.00 TOTAL WORK COg'PLETED $31,590.29 Pay 100% of $31,590.29 = $31,590.29 Less Previous Payments = 24,833.14 PAY THIS AMOUNT $ 6,757.15 J mes P. Hutchison, P.E. 'J H/sh BUSCH, HUTC H I SON & ASSOCIATES, INC. CONSULTING ENGINEERS 1107 FLEETWOOD DRIVE - BAYTOWN, TEXAS 77520 - PHONE (713) 422-6213 October 28, 1976 Department of the Air Force 147th Fighter Interceptor Group (ADC) Texas Air National Guard Ellington AFB,.Texas 77030 Attention: Major A. M. Stepchinski SANITARY SEWER SERVICE FOR TEXAS ANG AT LA PORTE MUNICIPAL AIRPORT This will amplify our telephone conversation of October 28, 1976. The following list itemizes the cost of that portion of the sanitary sewer line required to bring service to the ANG's tap: 1. 60 L.F. 8" P.V.C. Pipe augered under Spencer $ 795.00 • 2. 1192 L.F. 8" V.C. Pipe in open trench 8'-10' cut 8,808.88 3. 80 L.F. 8" V.C. Pipe augered under building and drive 1,031.20 4. 500 L.F. 8" V.C. Pipe in open trench 6'-8' cut 3,195.00 5. 40 L.F. 6" V.C. Pipe augered under drive 399.20 6. 335 L.F. 6" V.C. Pipe in open trench 6'-8' cut 1,668.30 7. 5 Manholes 3,000.00 - 8. 8 Vert. feet extra depth for manhole 600.00 9. 1 6 x 6 wye for ANG tap 15.29 10. 204 C.Y. road shell for drive repair 3,060.00 11. 103 S.Y. repair of asphalt drives 1,545.00 Total construction cost to ANG tap $24,117.87: The cost of the complete project was $31,590.29, as seen in the attached final pay order. The ratio between the above itemized cost and this total is 0.76 and can be used to apportion the engineering fee, surveying and inspection costs as follows: Engineering fee - 2211.32 x 0.76 $1,680.60 Surveying Cost - 699.10 x 0.76 531.32 Inspection Cost - 3316.40 x 0.76 2,520.46 Total engineering costs for ANG $4,732.38 • Page Two - Letter to Department of the Air Force 10-28-76 This would make the total amount subject to negotiation with the City of La Porte equal to $28,850.25. The contractor installed 60 feet of 6" service line from the main line and tied it into the ANG's system. The cost of this work was $298.80 and should be borne 100% by the ANG funds. If you have any questions concerning this information, give me a call. kce s P. Hutchison, P.E. President JPH/dle cc: City of La Porte G 00 0• ORDINANCE NO. " OS AN ORDINANCE DECLARING THE POLICY OF THE CITY OF LA PORTE CONCERNING A PORTION OF THE ALLEY IN BLOCK 44, BAYFRONT ADDITION TO THE TOWN OF LA PORTE; AND PROVIDING AN EFFEC- TIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: Section 1. The City Commission of the City of La Porte hereby finds, determines, and declares, that the hereinafter described portion of the alley in Block Forty-four (44), Bayfront Addition to the Town of La Porte, is not now, and has never been, open to through pedestrian and vehicular traffic, to -wit: Being a portion of the 16 foot alley in Block 44, Bayfront Addition to the Town of La Porte as recorded by plat in Volume 1 at Page 53 of the Harris County ?dap Records, out of the Johnson Hunter is portion A-35, La Porte, Harris County, Texas, said portion of said alley being bound on the East by Lots 15 thru 20, both inclusive; on the West by Lots 9 thru 14, both inclusive; on the South by the North right-of-way line of East "D" Street and on the 'North by the North lines of Lots 9 and 20 extended across said alley; said portion of said alley being more particularly described as follows: BEGINNING at the Southeast corner of Lot 14, Block 44, Bayfront Addition, as recorded; Thence, N 27° 15' W, along the East line of Lots 14, 13, 12, 11, 10, and 9, a distance of 150 feet to the klortrieast corner of said Lot 9; Thence N 62' 45' E, across said alley, a dis- tance of 16 feet to the Northwest corner of Lot 20; Thence S 27' 15' E, along the West lines of Lots 20, 19, 18, 17, 16, and 15, a distance of 150 feet to t._e corner of said Lot 15; Thence S 62' 45' W, across said alley, a dis- tance of 16 fee- to the POINT OF BEGINNING. Section 2. `, e City Commission of the City of La Porte hereby finds, de'=e=ines, and declares, that there is no public need or necessity for the opening of the hereinabove described portion of the alley in Block Forty-four (44), Bayfront Addition to __,e Town of La Porte, to vehicular and pedestrian tra==_c, and it is Ordered that the same shall not hereafter be open to through pedestrian and vehicular 0 traffic. • Ordinance No. /®��� , Page 2. Section 3. Nothing in this Ordinance shall be construed as limiting or abridging the easement rights of the City of La Porte, and those public utilities holding franchises with the City of La Porte, to make full use of the hereinabove described portion of the alley in Block Forty-four (44), Bayfront Addition to the Town of La Porte, for utility ease- ment purposes, together with any necessary pedestrian and vehicular traffic in relation thereto. Section 4. This Ordinance shall be effective from and after its passage and approval. PASSED AND APPROVED, this the lst day of November, A.D. • 1976. ATTEST: City Clerk APPROVED: City Attorney 0 0 CITY OF LA PORTE 010 J. J. Meza, Mayor For the City Commission • ORDINANCE NO. AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY CLERK OF THE CITY OF LA PORTE FOR AND ON BEHALF OF THE CITY OF LA PORTE TO EXECUTE AND TO AFFIX THE SEAL OF THE CITY TO AN AGREEMENT OF LEASE BETWEEN THE CITY, AS LESSOR, AND GREGORY AVIATION, A CO -PARTNERSHIP, AS LESSEE, FOR A PERIOD OF. TWENTY (20) YEARS, BEGINNING ON THE 1ST DAY OF JANUARY, 1977, AND ENDING ON THE 31ST DAY OF DECEMBER, 1996, FOR THE LEASE OF A PORTION OF THE CITY OF LA PORTE MUNICIPAL AIRPORT, TOGETHER WITH THE RIGHT TO USE APPURTENANT FACILITIES THEREAT, ACCORDING TO THE TERMS, PROVISIONS, AND CONDITIONS CONTAINED IN SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, GREGORY AVIATION, a co -partnership, composed of ROBERT A. GREGORY and JAMES M. WILLIAMS, desires to lease a portion of the City of La Porte Municipal Airport; and WHEREAS, the CITY OF LA PORTE has agreed with the said • GREGORY AVIATION, upon the terms, conditions, and agreements of a lease .for a period of twenty (20) years; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: Section 1. T'nat the Mayor and the City Clerk of the City of La Porte, Texas, be, and they are hereby authorized and directed to execute for and on behalf of said City an agree- ment of lease with Gregory Aviation, a co -partnership, for a period of twenty (20) years, beginning January 1, 1977, and ending December 31, 1996, for the lease of a portion of the City of La Porte *,1-:--_ici pal Airport, according to the terms, provisions, and conditions contained in such agreement, a copy of which is a_:-ced hereto, incorporated by reference herein, and rade a mart hereof for all purposes. • Section 2. _- an;y section, paragraph, clause, or sen- tence shall be dsclarea void and unenforceable or unconstitu- tional, iVis he--L--.r declared to be the intention of the Commission that re=ainder of such Ordinance shall remain in full force and==`ect. Section 3. Ordinance shall take effect and be in force from and a=_aT its passage and approval. 0 • _0 • Ordinance No. %DoZJ , Page 2. PASSED AND APPROVED this the lst day of November, 1976. CITY OF LA PORTE ATTEST: City Clerk APPROVED: City Attorney By J. J. Meza, Mayor. For the City Commission 00 0• • THE STATE OF TEXAS X X COUNTY OF HARRIS X AIRPORT LEASE AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "LESSOR," and GREGORY AVIATION, a co -partnership, composed of ROBE RT A. GREGORY and JAMES M. WILLIAMS, of Harris County, Texas, hereinafter called ."LESSEE," W I T N E S S E T H: • That the Parties hereto, for and in. consideration of the premises, and the rents, covenants and agreements contained herein, agree as follows: I. LESSOR hereby leases and rents to LESSEE, the following described portion of the City of La Porte Municipal. Airport, hereinafter referred to simply as "Airport," the boundaries of said leased portion being.as shown on the surveyor's plat thereof, attached hereto as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes;,and being more particu- larly described by metes and 'bounds on Exhibit "B", attached hereto, incorporated by reference herein, and made a part hereof for all purposes. II. The term of this lease is for a period of twenty (20) years beginning on the lst day of .;anuary, 1977, and ending on the 31st day of December, 1996. Upon the expiration dace of this lease, no notice to quit possession shall be necessary, and LESSEE covenants to peaceably surrender possession of the premises to LESSOR on that date. As rent for the use a_nd' occupancy of the leased premises, • LESSEE hereby agrees, binds and obligates itself to pay unto LESSOR the sum of FIFTY-SEVEN THOUSAND SEVEN HUNDRED SIXTY-FIVE DOLLARS AND TWENTY CENTS ($57,765.20), which shall be payable in annual installments as follows: The sum of TWO THOUSAND EIGHT HUNDRED EIGHTY-EIGHT DOLLARS AND TWENTY-SIX CENTS ($2,888.26) shall be paid in cash, upon execution of this lease; and The further sum of i40 THOUSAND EIGHT HUNDRED EIGHTY-EIGHT DOLLARS AND TWENTY-SIX CENTS ($2,888.26) shall be paid annually in advance, on the first day of January, 1977, and thereafter on the 1st day of each and every succeeding calendar year, through and including an annual installment which shall.be due and payable'on or before the lst day of January, 1996. IV. Failure to pay any one or more installments of rent when due, is or within ten. (10) days after the same shall become due, shall terminate this lease, at the option of the LESSOR. V. Annual rental hereunder will be adjusted January 1, 1978, (the second calendar year of this lease agreement), and every January 1st thereafter, :rased upon changes in the. Consumer Price Index (all items, U.S. city average) published by the Bureau of Labor Statistics of the U.S. Department of Labor, base year 1967 (100), (hereinafter referfed to as the "Price Index"). The yearly average for the first calendar year of this lease agree- ment, for calendar year 1977, shall be the reference date as the "base period:" against to i:,easure any percentage changes in • the rental hereunder. Cc--2ncing with the rental period begin- ning January 1,.1978, ar.d on January lst of each and every year thereafter during the term hereof, the annual rental hereunder shall be.subject to esc=_ation by the same percentage as the said Consumer Price Index Nave escalated from the "base period" to the yearly average =o; =e _:,;ediately preceding calendar year. Such additional _=_c-atage rental hereunder, if any, shall be due and payable _~4, lime manner as the base rental here- under, on or before A-i<i_ _st of each applicable calendar year. 0 • -3- VI. This lease is made subject to all of the terms, agreements and conditions contained in that certain Deed from the United States of America, acting by and through.War Assets Administra- tor, grantor, to the City of La Porte, a municipal corporation, grantee, which Deed is.dated the 4th day of June, 1947, and is. recorded in the office of.the County Clerk of Harris County, Texas, under County Clerk's File No. 433082. Reference to such deed is here made for all purposes, and such deed, and all of the covenants, terms, agreements and conditions.therein con- tained, are hereby incorporated by reference herein, as fully • as though contained herein. Further, LESSOR herein has heretofore entered into an agreement with the Federal Aviation Agency (hereinafter called the "F.A.A."), in which it agreed that LESSOR will operate the Airport for the use and 'senefit of the public, on fair and reasonable terms,. and without unjust discrimination. In fur- therance of. this covenant (but without limiting its general applicability and effect), the CITY OF LA PORTE did specifically covenant and.agree with the F.A.A., which.covenants and agree- ments are expressly :.:ace a part of this agreement, as follows, to -wit: (a) LESSEE ag-rees to operate the premises leased for. the use a7d benefit of the public. • (1) To furnish �:ood, pror;Lpt, and efficient serv_ces adequate to meet all the de- mands -for its service at the airport. (2) To-urr._s_h said service on a fair, equal, and n o _- scrim inatory basis to all users the--eo , and (3) To charges =air, reasonable-, and non- disc_?--natory prices for each unit of sa'_e orice, provided that the LES- SES ..-ay be allowed to make reasonable and discounts, re^a;.es, o_ other similar types of price recut:_c :o volu-me purchasers. (b) The LESSEE, his agents and employees will not discriminate against any person or class of per- sons by reason of race, color, creed or national origin in providing any services or in the use of any of its facilities provided for the public, in any manner prohibited by Part 21 of the .Federal Aviation Regulations. The LESSEE fur- ther agrees to comply with such enforcement procedures as the United States might demand, that the LESSOR take in order to comply with the .LESSOR'S Assurances. (c) It is clearly understood by the LESSEE that no right or privilege has been granted which would .operate to prevent any person, firm, or corpor- ation operating aircraft on the airport from . performing any services on its own aircraft with its own regular employees (including, but not limited to, maintenance and repair) that it may choose to perform. • (d) It is understood and agreed that nothing herein contained shall be construed to grant or author- ize the granting of an exclusive right. (e) LESSOR reserves the right to further develop or improve the landing area of the airport as it sees fit, regardless of the desires or view of the LESSEE, and without interference or hindrance. (f) LESSOR reserves t o right, but shall not be obli- gated to LASS to maintain and keep in repair the landing area of the airport and all publicly owned facilities of the airport, together with the right to tract and control all activities of LESSEE i_. t .is regard. (g) During the t or :aar or national emergency, LESSOR s_all =-.A she right to lease the landing area or any _art lereof to the United States Government -o_ .--__tary or naval use, and, if such lease is the p-rovisions of this instrument as they are inconsistent with the provis_o-s f t:1e lease to the Government, shall be =_ �__. (h) LESSOR re = right to take any action it considers n v a_ yr to protect the aerial approaches of =___ airport against obstruction, together w_c_. t __ -right to prevent LESSEE from erecting, or to be erected, any building o_ at_r structure on or adjacent to the airport ,;=chin the opinion of the LESSOR, .would -__e ulness of the airport or constitute a to aircraft. W This lease _e subordinate to the provi- sions o= an r =x__ __ ng or fut::re agreement between the United States, relative to the opa_ ==c : er maintenance of the airport, the executis c= „:_ich has been or may be requires precesent to the expen- diture of=e=a_�_ -:tends for t::e development of the airpc= _. 0 • • • • • • -5- VII. This lease is also subject to all Federal and State statutes and administrative regulations touching upon aviation, to the extent that they affect the City of La Porte Municipal Airport and LESSEE'S operations, and LESSOR and LESSEE each covenant to abide by all such statutes and administrative regulations. VIII. This lease is for the non-exclusive use of the La Porte Municipal Airport by LEESSE.E, such non-exclusive use to be in common with other autnorized users thereof. LESSEE shall have. full and unrestricted access to and egress from the demised premises and the said Airport, and between the premises and the Airport,. for LESSEE, aircraft operated by LESSEE, its employees, passengers, guests, pat-rons, invitees, suppliers of materials, and furnishers of service, _ts or their equipment, vehicles, machinery and other propert"r, without charge to or on said employees, passengers, c_es_s, patrons, invitees, suppliers of materials and furnishers of service, or their'said equipment, vehicles,'machinery, or c t�--,_r property, and without charge to LESSEE, except as in = _s i.strument expressly provided for. ix. LESSEE shall have to __cht to maintain on said field and within the limits abo-:= c=_s=Yibed, the following "aeronautical activities": charge: cp=_at_ons, pilot training, aircraft rental and sightseeinc, a___=aI photography, crop dusting, aerial advertising and surv=-r_ c, ,_r carrier operations, aircraft sales and services, sale o= av_a--ion petroleum products whether or not conducted in conjunct_c- N other included activities, repair and maintenance of a__c=;=_, sale of aircraft parts, and any other activities of their direct relationship to the operation of ai=c=a=t be appropriately regarded as an "aeronautical activ_�y". _='z following are examples of what are ••. • 0 11 • • S. not considered "aeronautical activities": ground transportation [taxis, car rentals, limousines]; restaurants; barbershops; auto parking lots.) X. LESSEE shall have the right to sell or assign this lease, or to sublet the leased premises, or any part thereof, provided that LESSEE shall remain liable and responsible to LESSOR for the payment of.all rentals to become due under this lease, and for the performance of all of the terms, conditions and agreements herein contained. XI. LESSEE shall -have the further right to erect any and all buildings and structures on that portion.of the airfield herein - above described'as may be necessary for the conduct of its business, provided that such buildings and structures do not interfere with the operation of the.field. No buildings or other structures__ shall be placed by LESSEE nearer.than three hundred (300) feet to the center -line of any runway. The LESSOR shall not construct or place, or permit to be constructed or placed,• any building or structure nearer than three hundred (300) feet to the center- line of said runways. All hangars and other buildings or struc- tures erected or placed.on the hereinabove described property by LESSEE shall be,new and of modern design and conform in appear- ance to those buildings and structures now located on said air- field. All.buildings shall be designed to.withsttind wind velocity requirements of the Southern Standard.Building Code, Coastal Division, and shall be of steel construction., with concrete slab. Prior to commencement of construction, building plans and specifications shall .be approved by the.F.A.A. and LESSOR, and LESSEE shall secure a building permit from LESSOR prior to commencing construction. XI I .. LESSEE shall be obligated to maintain its leased premises in a good state of repair and neat appearance, and_keep the • • • -7- grass mowed at all times. LESSEE shall restrict its operations (other than its right to use the common facilities of the Airport) to its leased area hereinabove described.. LESSEE shall provide necessary permanent sanitary facilities, telephone,'personnel, waiting room, and other services that may be required to protect the health, welfare and safety of LESSEE'S patrons. LESSOR shall have no responsibility to provide utility service of any nature to the leased premises. In providing utilities service to the leased premises, LESSEE shall not allow any such facilities to be installed nearer than three hundred (300) feet to the center- line of any runway. Fuel storage shall be underground, and tanks and pumps shall be installed in accordance with Federal, State and local codes applicable thereto. XIII. No exclusive rights are granted to LESSEE to use the said Airport and the LESSOR reserves the right to make leases of por- tions of said Airport to'other parties. XIV. Said airfield is a municipal airport, under the control and -- direction of the LESSOR. The LESSOR shall make no use of said airfield which would substantially impair the operations of the LESSEE. XV. • LESSEE agrees to obtain and maintain at his sole cost and expense, public liability insurance and property damage insurance on the leased premises to protect LESSOR and LESSEE against all loss or damage from the claims of all persons who may be in or on these premises by the invitation, consent or sufferance of LESSEE. Such public liability insurance shall have minimum bodily injury limits of One.Hundred Thousand Dollars ($100,000) for each person and Three Hundred Thousand Dollars ($300,000) for each accident, . and property damage limits of One'Hundred Thousand Dollars ($100,000) for each accident with respect to any accident occurring on the leased premises. LESSEE shall furnish LESSOR certificates.of all insurance coverage. • • 0 • • - 8 XVI. LESSEE shall use due care and diligence in all activities and operations on the premises.and the Airport, and will indem- nify and save LESSOR harmless from any liabilities, loss, costs or other expense of any nature, caused solely by any negligence of LESSEE or any employee or agent of LESSEE and without the contributory negligence of LESSOR. LESSOR shall give LESSEE immediate notice of any matter covered hereby and shall forward to LESSEE every demand, notice, summons or other process received in any claim or legal proceeding covered hereby. XVII. I • In case of bankruptcy or insolvency on the part of LESSEE, or in case of any receiver being appointed to take charge of the property, or any portion of the property. of LESSEE, in or upon the premises.hereby leased, then and in such event the LESSOR may, at its option, declare this lease to be terminated or for feited by the LESSEE; and -LESSOR shall be entitled in such event to the immediate.possession of such premises and no, receiver, trustee in bankruptcy, or assigns for the benefit of creditors -- shall acquire in any such case any of the rights of the LESSEE hereunder; the landlord's lien, however, in such event, shall not cease and the liability of the LESSEE for the damages on account of any breach of any obligation .to be performed -by the • LESSEE under the terms of this lease shall continue and remain in full force and effect. XVIII. Failure on the part of the LESSEE to perform any of the terms, agreements, conditions and covenants imposed by this lease shall, at the option of the LESSOR, cancel the lease and all rights of LESSEE shallbe thereupon terminated and all buildings and permanent improvements placed on'said Airport by LESSEE shall become the property of the LESSOR; provided, however, LESSEE shall have sixty�(60) days written notice from LESSOR in which to correct A • • 0 • 6 9- any default before cancellation, except that no notice shall be required for failure to pay any installment of rental as herein provided. In the event that LESSEE fails to correct any such default during such sixty (60) day..period, LESSOR, its agents or attorneys,.shall.have-the right to re-enter and remove all persons therefrom without being deemed guilty of any manner of trespass and without prejudice to any remedies for arrears of rent or breach of covenant, or LESSOR, its agents or attorneys, may resume possession of the premises and re -let the same for the remainder of the term for. the best rental it may.obtain, for account of LESSEE, which shall make good any deficiency. In addition to all buildings and.permanent improvements placed on said Airport by LESSEE becoming the property of the LESSOR, LESSOR shall have a lien as security.for the rent aforesaid upon all the improvements, additions, equipment and other personal property which LESSEE may place on and in the leased premises._ The failure of the. LESSOR to insist in any one or more instances upon performance of any of.the.terms.or conditions of this lease shall not be construed as a waiver or relinquishment of the future - performance of'any such term or condition. XIX. Upon the termination of this lease (which.termination is not by reason of failure on the part of the LESSEE to perform any of . the terms, agreements, conditions and covenants imposed by this lease), it is -understood and agreed between the parties that their rights, as to any permanent improvements erected on the field by LESSEE, shall be as follows: Any permanent improvements erected on the leased premises by LESSEE shall be the property of LESSEE. It is further agreed • that LESSOR shall have a first option to purchase said improve- ments from LESSEE. For the purpose of arriving at the value of such improvements for sale purposes, LESSEE and LESSOR shall each A • • • • r -10- 1� 0 select an arbiter, and'such two -arbiters shall select a third, and such three arbiters shall agree upon a purchase -sale price for said improvements.. If LESSOR does not exercise its option to purchase. said improvements., LESSEE shall have the right to sell. said improvements to o.ther,parties. Any expenses incident to the conduct of.such arbitration shall be borne equally by LESSEE and LESSOR. XX. LESSOR covenants that LESSOR has good right and.lawful authority to execute this Lease, that throughout the. term hereof. LESSEE shall. have, hold and enjoy. peaceful anduninterrupted possession.of all of the Premises.and Airport rights herein and hereby leased and granted, subject always to.the payment of the rent 'and the performance .of the covenants, as herein provided to be paid and performed by LESSEE.- XXI. Notices provided for in this Lease shall be sufficient if sent by registered mail, postage prepaid..;. addressed, if to LESSOR, to the City of La Porte, Attention:. -.Mayor, La Porte .Texas;-= and, if to LESSEE, to: Gregory Aviation, 2823 S. Shaver Street Pasadena, Texas 77502 , or to such other respective addresses as the Parties hereto may designate in writing from time to time. XXII. All references herein contained to LESSOR and to LESSEE, shall be deemed to include the heirs,. successors, assigns, and legal representatives of each. IN WITNESS WHEREOF, the Parties hereto.have hereunto signed and sealed this instrument in several duplicate originals, this the lst day of NOVEMBER , 1976. CITY OF LA PORTE By Mayor LESSOR • ATTEST: City Clerk • • is GREGORY ON 'LESSEE By ROBERT A. GREGORY , By lall_� JAMES M. WILLIAMS • I ORDINANCE NO. AN ORDINANCE ESTABLISHING THE NAME OF STATE HIGHWAY SPUR 498, A PUBLIC STREET IN THE CITY OF LA PORTE, AS "WHARTON WEEMS BOULEVARD;" AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: Section 1. The name of State Highway Spur 498, a public street within the corporate limits of the City of La Porte, is hereby designated as "Wharton Weems Boulevard," and said public street shall be known as "Wharton Weems Boulevard" from and after the effective date of this ordinance. -qPr-t;nn 2_ This Ordinance shall be effective from and after its passage and approval. PASSED AND APPROVED this lst day of November, 1976. • CITY OF LA PORTE In ATTEST: City Clerk APPROVED: City Attorney J. J. Meza, Mayor For the City Commission ORDINANCE NO. cps AN ORDINANCE DEDICATING A PUBLIC STREET TO BE KNOWN AS "AIRPORT BOULEVARD" AT THE CITY OF LA PORTE MUNICIPAL AIRPORT; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: Section 1. The City Commission of the City of La Porte hereby dedicates that certain tract or parcel of land, described as the East One Hundred (E.100') Feet of the City of La Porte Municipal Airport, as a public street, which shall hereafter be known as "Airport Boulevard." Section 2. This Ordinance shall be effective from and after its passage and approval. PASSED AND APPROVED this lst day of November, 1976. • CITY OF LA PORTE ATTEST: City Clerk APPROVED: % City Attorney 0 J. J. Meza, Mayor For the City Commission • ORDINANCE NO. / 0.5 S`' AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SHOREACRES, TEXAS, AND THE CITY OF LA PORTE, TEXAS, FOR THE APPORTIONMENT OF EXTRATERRITORIAL LAND EXISTING WITHIN THE EXTRATERRITORIAL OVERLAP JURISDICTION OF THE CITY OF SHOREACRES AND THE CITY OF LA PORTE WHEREIN THE TWO CITIES MUTUALLY AGREE WITH EACH OTHER WHAT LAND WITHIN THIS OVERLAP AREA WILL BE ANNEXED TO THE CITY OF LA PORTE AND WHAT AREA WITHIN THIS OVERLAP LAND WILL BE ANNEXED TO THE CITY OF SHOREACRES; AUTHORIZING EXECUTION OF SAID AGREEMENT ON BEHALF OF THE CITY OF LA PORTE BY THE MAYOR AND ATTESTATION BY THE CITY CLERK; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: Section 1. That the Mayor be, and he is hereby authorized to execute for and on behalf of the City of La Porte and the City Clerk to attest an agreement between the City of Shoreacres? Texas, and the City of La Porte, Texas, for the apportionment of extraterritorial land existing within the overlap juris • diction of the City of Shoreacres and the City of La Porte wherein the two cities mutually agree as to the land to be annexed to the City of Shoreacres and the land to be annexed to the City of La Porte, a copy of which is attached hereto for reference purposes only. Section 2. The City Commission of the City of La Porte hereby approves the form and substance of the agreement between the City of Shoreacres and the City of La Porte whereby- I the apportionment of extraterritorial land existing within the overlap jurisdiction of the City of Shoreacres and the City of La Porte is apportioned between the two cities. A copy of this exchange agreement has been exhibited to the Commission. . Section 3. This ordinance shall take effect immediately upon its passage and approval by the Mayor. PASSED AND APPROVED this the lst day of November, A.D. 1976. CITY OF LA PORTE 0 ATTEST: 0 - Mrs. Margie Goyen, City Cler APPROVED: - zG Knox W. Askins, City Attorney J. J. Meza, Mayor For the City Commission I OADINANcr. 1.:00 9 3ek1?4czi A.UT11Ort.l.IuING *Mr. V+.F+VJTX0 0 AN AGRE'EfUNi i-VA'-:V,1 ` N CITY or i►bi', `l1C'.I'";3 r MA'St Pd*D a 1 : CITY OF LA POR—A ?, TEXAS AS Or, Jf. ,4D ZXXSTrt;G Wx'kVTN CJV.ORL?,7 7Ur,1r'D1CTX0V OF T .Un CITY OF SUORE- 7.0 'US At.W THE CITY or LA rG:w!"? %iA-!i:R TU T2Z 7 v,4 CITIBS MUTUALLY WT1,13— als ow-ILAV WILL TO TEE CITY OF LA V,'0l'TZ AND Arr:.R, :.I'TZIN ' 31S 014":*.�,AP IZ::`. D 111I FL i?'i; ANN-1 Xz;D TO 'ITZ cilly 02 17 L CJTXt 4 C,' �AT0 A RV,'VAr,'A ' 0� i#r<141,1,La Or IE CITY 07 IN Tisiu I,AY0111 MD ti.'1°taSSWATIC✓13 BY TIM CITY CUIRL 'ARYS ,A,cdD DVCLARX141 Aa Dlt' IT CRDl'iZUED BY TUN CITY G£3t NCXL 07 TMZ CXTY Jai' SROMC SS 11 Th' at the "Ayor be# ahe IS bora),)7 aat�!wrixe€i to �r �tsL for and on babalf *Z tho My of Shrodacrou aad tho city •VGczbt4ry to att-iit, an agrE::omiit bat'daon the City of Shoraftcreas arA thei City of L4 forte, xxovmi+,, acopy of w'hioll is att*011a4 bc��fi�t�Q �� ;.�{.ai.a3.i,t "1�• �.nrl i�at��x�nr:^at�3 i,y r��£��rc3:�c�, nor ttae extrat-ur2Ator1n1 land oniatiaq witlai.n the overlap kiris,uction of tiara city $f vioroacra 9 tad this city of to Porte Sz is-, <).tn mia t ci.tioa r utu l.ly a9rce ua to tiara laai4 to be annoxed to City of horeac res and tho land to b =mexud to this City Thu c it7 coutiail of tho City of SI'lorenvra s 4oea aj`prova tim rom i' n4 mixhstanoa of oai4 agr4a.mmt botvven ttv.,4 City of horoac:ras and tha City of Ln 7orte wha ruby the % xis, K •"vJRr .nt of oxtretorri.torial -Xa i4 existing within tho overlap 40-uri s lioz£oa of tho City of Shoronnrou and tho City, of La Porte io nj,, ,,articried botwa4a the two cit,ios. � �`�.`(.a•� AND vas day of � 1975* KLt i`r,% A' 013 Ak PMMD CON VILIC0.1D a"M) 1,11,N W0XRG Chia slily of —, X,t),, 1975* = J q C. T�ryay, P►ayor City r ;;C otary •�� /I\N` CITY OFSHOREACRES "A KEY COMMUNITY ON THE BAYSHORE" \ ✓��� .. 619 SHOREACRES BOULEVARD LA PORTE. TEXAS 77571 February 24, 1977 City of La Porte P. 0. Box 1115 La Porte, Texas 77571 Re: Agreement between City of Shoreacres and City of La Porte Gentlemen: • Enclosed is a copy of Shoreacres Resolution No. 162, to dismiss cause no. 965,610, for your file. Enclosed is the original and two (2) copies of Shoreacres Resolution No. 163 and Exhibit A, requesting the City of La Porte to DISANNEX all areas south of a line described in Exhibit A, passed and approved on the 14th day of February, 1977, by City Council as provided in the Contract mutually apportioning extraterritorial jurisdiction between the City of La Porte and the City of Shoreacres. Please sign the ORIGINAL AND ALL COPIES in the appropriate spaces provided for your city and RETURN THE ORIGINAL AND ONE (1) COPY to the attention of the City Secretary and keep one copy for your file. If there are any questions, please call. S i ncere ly, .p Mr L. R. Perry City Secretary is MP/m 1 s Enclosures • RESOLUTION NO. r 6 A RESOLUTION AUTHORIZING AND DIRECTING THE ATTORNEY FOR THE CITY OF SHOREACRES TO DISMISS CAUSE NO. 965,610; THE CITY OF SHOREACRES ET AL VS. THE CITY OF LAPORTE, TEXAS, ET AL; IN THE DISTRICT COURT OF HARRIS COUNTY, TEXAS, 165TH JUDICIAL DISTRICT. WHEREAS, the City of LaPorte declared its intent in Ordinance No. 972, passed November 19, 1973, to annex lands within one-half mile of the City of Shoreaces; and WHEREAS, the Presiding Judge of said Court issued an Order enjoining the City of LaPorte from annexing any area within one-half mile of the northern boundary of the City of Shoreacres; and WHEREAS, the City of Shoreacres and the City of LaPorte have mutually agreed upon apportionment of the area north of the •north boundary of the City of Shoreacres in Ordinance No. 172 passed m 1 76 b the City Council of the City of Shoreacres and November 8, 9 y y Y Ordinance No./O± 5 passed November 1, 1976 by the City of LaPorte. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREACRES: SECTION 1. That the attorney for the City of Shoreaces is hereby authorized and directed to dismiss Cause No. 965,610; The City of Shoreacres et al vs. the City of LaPorte, Texas, et al; In the District Court of Harris County, Texas, 165th Judicial District. APPROVED this day of� i 1977. ROWE H. HOLMES Mayor ATTEST: yp/w - /_ / `` px4w MR L. R. PERRY City Secretary 11 • RESOLUTION NO. i A RESOLUTION REQUESTING THE CITY OF LAPORTE TO DISANNEX ALL AREAS SOUTH OF A LINE DESCRIBED IN EXHIBIT "A" HERETO AS PROVIDED IN THE CONTRACT MUTUALLY APPORTIONING EXTRATERRITORIAL JURISDICTION BETWEEN THE CITY OF LAPORTE AND THE CITY OF SHOREACRES. WHEREAS, the City of Shoreacres and the City of LaPorte have mutually apportioned overlapping jurisdiction of the City of Shoreacres and the City of LaPorte; and WHEREAS, said Agreement, a copy of which is attached hereto as Exhibit "A", provides in paragraph 3 that the City of LaPorte shall upon written request to the City of Shoreacres commence deannexation proceedings; NOW THEREFORE 0 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREACES: SECTION 1. That the City of LaPorte take appropriate action to deannex all territories it has annexed or attempted to annex lying south of the line described in Exhibit "A". SECTION 2. That the City Secretary of the City of Shoreacres is hereby authorized and directed to forward to the City Secretary of the City of LaPorte a certified copy of this Resolution. ,,/ t7•t. APPROVED this day of , 1977. ROWE 11. HOLMES Mayor ATTEST: MRS.?L. F. PERRY City Secretary 0 • THE STATE OF TEXAS EX'1'R11'1'1;1?k ITORIAL JUIUSDIC`I'ION COUNTY OF HARRIS § SETTLEMENT AGREEMENT THAT, WHEREAS, by virtue of the Municipal Annexation Act, House Bill No. 13, Acts of the 58th Leclislature, Regular Session, Chapter 160 (compiled by Vernon Law Book Company, and published by it, as Art. 970a, V.A.C.S. I, t_I,e I,( i i:,IaLure of Lhc State of Texas provided for the several incorporated cities of the State of Texas to exercise specified extraterritorial jurisdiction over territory without, but contiguous to, their respective corporate limits, the geographical extent of which is governed by the popu- lation of the particular incorporated city; and • WHEREAS, by virtue of its population, the City of Shoreacres, Texas, has an extraterritorial jurisdiction of all the contiguous unincorporated area, not a part of any other city, within one-half (1/2) mile of the corporate limits of the City of Shoreacres, Texas; and, WHEREAS, by virtue of its population, the City of La Porte, Texas, has an extraterritorial jurisdiction of all the contiguous unincorporated area, not a part of any other city, within one (1) mile of the corporate limits of. the City of La Porte; and WHEREAS, by virtue of the location of the corporate limits of the cities of Shoreacres, Texas, and La Porte, Texas, the extraterritorial jurisdiction of the two cities overlap; and, • WHEREAS, by Section 3B, of the said Municipal Annexation Act, incorporated cities whose territories so overlap are authorized to apportion Such overlapped area by mutual agreement of the govern- ing bodies of the cities concerned, such agreement to be in writing and to be approved by an ordinance or resolution adopted by the governing bodies of the cities concerned; and, WHEREAS, it is the desire of the cities of Shoreacres, Texas, ana- La Porte, Texas, to so apportion the aforementioned overlapped 0 extraterritorial jurisdiction; and, Atom • WHEREAS, the cities of Shoreacres, Texas, and La Porte, Texas, have agreed among themselves how this overlapped extraterritorial jurisdiction shall be apportioned and desire to memorialize said agreement in writing and otherwise comely with the provisions of the Municipal Annexation Act; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, this contract and agreement between the cities of Shoreacres, Texas, and La Porte, Texas: I. The City of La Porte, Texas, shall have exclusive extraterri- torial jurisdiction over all land lying North of the line described by !'fetes and bounds in Exhibit "A" hereof., said Exhibit "A" to be considered as fully incorporated herein, provided, however, the area North of said line described by metes and bounds in Exhibit "A" hereof and East of the East right-of-way line of Spur 501 shall be part.of the City of La Porte as provided in Ordinance No. 840 of the City of La Porte, passed December 8, 1969. II. The City of Shoreacres, Texas, shall have exclusive extra- territorial jurisdiction of all that territory within the now overlapped extraterritorial jurisdictional limits, lying South of the line described by metes and bounds in Exhibit "A" hereof. The City of La Porte shall, upon written request of the City . of Shoreacres, commence de -annexation proceedings on all territories it has annexed or attempted to annex lying South of the line described in Exhibit "A". IV. This contract shall become effective and binding only after it has been approved by an ordinance of the governing body of the City of Shoreacres, Texas, and an ordinance of the govern- P • ing body of the City of La Porte, Texas. • EXHIBIT P.... • Compliance with this paragraph shall be evidenced by certified copies of the ordinances of the cities of Shoreacres, Texas, and La Porte, Texas, approving this contract, these certified copies shall be attached to thin; instrument as Exhibits hereto. This instrument shall be executed in duplicate originals. APPROVED by the City of Shoreacr_es, Texas, on this the l� � day of , A. D. , 1976. U ATTEST: MR . L. 4-'4 City Secrary R E H. HOL S, Mayor APPROVED by the City of La Porte, Texas, on this the ----f— day of A. D., 1976. 0 ATTEST: 0 City Secretary • Mayor EXHIBIT 19 0 LXI11111T "A" BEGINNING at the point of intersection of a Westerly pro- jection of the North boundary line of Tract No. 1 of Bayshore Municipal Utility District as described in Article 8280-268 of Vernon's Annotated Civil Statutes, Water, Cumulative Supplement, 1965, same being the North right-of- way line of McCabe Road, and the Western right-of-way line of the G. H. & S. A. Railroad or its slicc,�,:;!;or. s or assigns; THENCE in an Easterly direction with sai.cf Westerly projection of said North boundary line of 'Tract No. 1 of Bayshore Municipal Utility District and with the said North boundary line of Tract No. 1 of Bayshore Municipal Utility District and continuing in the same Easterly direction across Spur 501 (also known as Old State Ifighway 146) to a point of intersection with the East right-of-way line of said Spur 501; THENCE in a Southerly direction along said Last right-of- way line of said Spur 501 a distance of 100 feet, more or • less, to the North line of Pine Bluff Addition; THENCE in an Easterly direction along said North line of Pine Bluff Addition, a distance of 1,350 feet, more or less, to a point on the West Shoreline of Galveston Bay. 0 I." • --w • • / CITY OF LA PORTE \ PHONE ( 713 ) 47,1 -502b • P. 0. BOX 1115 LA PORTE, TEXAS 77571 • June 24, 1977 Mrs. L. R. Perry City of Shoreacres 619 Shoreacres Boulevard La Porte, Texas 77571 Dear Mrs. Perry: Enclosed herewith please find executed copies of an agreement between the City of Shoreacres and the City • of La Porte, per your letter dated February 24, 1977. Thank you for your consideration. Very truly yours, Margie Goyen City Clerk Enclosures 0 • ORDINANCE NO. 1056 AN ORDINANCE DECLARING THE INTENTION OF THE CITY OF LA PORTE TO INSTITUTE PROCEEDINGS.TO ANNEX CERTAIN TERRITORY; CALLING A PUBLIC HEARING AT WHICH ALL INTERESTED PARTIES SHALL HAVE AN OPPORTUNITY TO BE HEARD; PROVIDING FOR THE PUBLICATION OF NOTICE OF SUCH HEARING BY THE PUBLICATION OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: Section 1. The City Commission of the City of La Porte hereby declares its intention to institute annexation proceedL ings, to annex the following described territory to the City of La Porte by the passage of an ordinance of annexation extending the general corporate limits of the City of La Porte for all purposes to include within such territory all of the following described territory now situated within the exclusive • extraterritorial jurisdiction of the City of La Porte. As used herein, the term extraterritorial jurisdiction shall have the same meaning ascribed to it as is ascribed to it in the Municipal Annexation Act of 1963, compiled as Article 970a, Vernon's Annotated Texas Statutes:. TRACT NO. 1 BEING a tract of land out of the W. P. Harris Survey, A-30, Harris County, Texas, and being more particularly_ described by metes and bounds as follows: BEGINNING at a point on the West right-of-way line of new State Highway No. 146, said point being 500 feet North of the South right-of-way line of McCabe Road, said point being on the existing city limit line of the City of La Porte; THENCE in a Westerly direction along the line parallel . to and 500 feet North of the South right-of-way line of McCabe Road and a Westerly projection of the South right-of-way line of McCabe Road to the point of inter- section with the West tight -of -way line of the T.&N.O. Railroad; THENCE. in a Southerly direction along the West right- of-way line of the T.&N.O. Railroad to the point of intersection with a Westerly projection of the North right-of-way line of McCabe Road; THENCE in an Easterly direction'along the Westerly projection of the North right-of-way line of McCabe Road and the North right-of-way line of McCabe Road • to the point of intersection with the West right-of- way line of new State Highway No. 146; THENCE in a Northerly direction following the West right-of-way line of said new State Highway-146-to a point for corner 500 feet North of the South right-of- way line of McCabe Road, to the POINT OF BEGINNING. _ f 2 Ordinance No. 1056 , Page 2. • • BEING a tract of land out of the W. P. Harris Survey, A-30, Harris County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at the intersection of the North line of the W.-P. Harris Survey, A-30, with the East right-of-way line of new State Highway No. 146, said point being on the existing city limit line of the City"of La Porte; THENCE in a Southerly direction along the East right- of-way line of new State Highway No. 146 to_the point of intersection with the North right-of-way line of McCabe Road; THENCE in an Easterly direction along the North right- of-way line of McCabe Road and an Easterly projection of the North right-of-way line of McCabe Road to the point of intersection with the East right-of-way line of State highway Spur #501 (old State Highway #146); TIiENCE in a Northerly direction along the East right- of-way line of State Highway Spur J501 (old State Highway _1146) to a point 840 feet, more or less, North of the North right-of-way line of McCabe Road, for a point for corner; THENCE_ in._a_;:Tes4erly_direction along an Easterly -pro- _ jection of the ?:orth line of the Shoreacres Mobile Home Park (Fountain Head Mobile Home Park) and along the North line of the said Shoreacres Mobile Home Park (Fountain Head Mobile Home Park) to a point for corner 500 feet West of t e elest right-of-way line of State Highway Spur 501 (old State Highway #146); THENCE in a Northerly direction parallel to and 500 feet West of the 9,7est right-of-way line of; State_-- . Highway Spur i501 (old State Highway #146)-to-the point_ _ of intersection witH the North line of the W. P. Harris Survey, A-30, s a:--e being the South line of the Johnson Hunter Survey, A-35; THENCE in a Sees te-riv direction with the common line of the 11. P. Harris Su_-vey, A-30, and the Johnson Hunter Survey, A-35, to -t---:e POINT OF BEGINNING. Ordinance No. 1056 Page 3. • • • Section 2. The City Commission'of the City of La Porte hereby calls a public hearing at which all interested persons shall have an opportunity to be heard upon such proposal to annex the territory described above, which hearing shall be held in the City Commission Chambers, City Hall, City of La Porte, La Porte, Texas, at seven o'clock P.M. on the 22nd day of November, A.D. 1976. Section 3. The annexation proceeding of which notice of intention to annex is given by this Ordinance shall be instituted not less than ten (10) days nor more than twenty (20) days subsequent to such public hearing. Section 4. The City Clerk of the City of La Porte is hereby directed to cause notice of such public hearing to be given by publication of this Ordinance in The Bayshore Sun, a newspaper having general circulation in the City of La Porte and in the territory proposed to be annexed, such publication to be made at least once, not more than twenty (20) days nor less than ten (10) days prior to the date of such public hearing. Additional notice by certified mail should be given to railroad companies then serving the city and on the city's tax roll where the right-of-way thereof is included in the territory to be annexed. Section 5. This Ordinance shall be effective immediately -upon its passage and approval. PASSED AND APPROVED this the 1st day of November, 1976. ATTEST: City Cl__._ APPROVED: City Attorney CITY OF LA PORTE J. J. Meza, Mayor S-22Sf southern Pacific Land Company 913 Franklin Ave., P. O. Box 1319, Houston, Texas 77001 Telephone (713) 222-1121 REAL ESTATE C. R, IONNSIDN DIET RI CT M•..... October 8, 1976 N. N. YAKLIN ♦SSIST•.I DISTRICT MANGER SCOTT BOWLIN S SISTANT TO DISTRICT -NSGER LaPorte - Spencer Road Grade Separation Project - Parcels 19 and 23 Houston Lighting & Power Company Mr. Knox W. Askins City Attorney of LaPorte P. 0. Box 1218 LaPorte, Texas 77571 Mr. Jack Watkins, Project Engineer c/o Turner, Collie & Braden, Inc. P. 0. Box 13089 Houston, Texas_ 77019 • Gentlemen: Enclosed for each of you are duplicate copies of two separate docuzzle- s prepared by Houston -Lighting & Power Company in favor of City of LaPorte being first a Joint Use Agreement granting construction rights on Grantor's fee property in Block 728, LaPorte Townsite and Joint Use Agreement of !ands owned in fee by City of LaPorte in Richard Pearsall Survey, A-625, Project Parcel 23, over a portion of which Grantor owns a dominant transmission 1_-e easement. Each of you are requested to express your acceptance of the documents as sufficient to meet the requirements for overpass construction and if unacceptable, please state your specific objections in order that we ray expeditiously negotiate the matter with Houston Lighting & Power Company. If acceptable, we should be furnished with resolution from City of LaPorte accepting the documents in lieu of fee title required by contract. In view of unusual nature of documents, request City to waive requirement for title insurance. - 1 - 0 10 • Messers: Askins and Watkins October 8, 1976 Page - Two With letter to Mr. Watkins we are enclosing copy of Houston Light & Power Company's letter of October 1, 1976, transmitting to us the above instruments wherein cost of locating Light Company facilities is estimated to be'$19',500.00, and request is made to furnish agreement accepting bid and to pay actual cost. We ask that Mr. Watkins and our Mr. R. H. Patterson, to whom copy of this letter with all enclosures is also being sent, resolve this matter and furnish this department with contract to effect delivery of the Joint Use Agreements. Enclosures cc: Mr. R. H. Patterson w/attachments 18/12 0 Yours very truly, 1� u •THE STATE OF TEXAS § § COUNTY OF HARRIS § KNOW ALL MEN BY THESE PRESENTS THAT: WHEREAS, Houston Lighting & Power Company, a Texas cor- poration with its principal place of business located in Houston, Harris County, Texas, hereinafter sometimes called "Grantor", is the owner of a tract of land, in Block 728 of the T. W. Lee Sub- division of Townsite of La Porte, Harris County, Texas, according to map thereof, recorded in Volume 67, Page 1, Harris County Deed Records, and which tract of land is hereafter called "Grantor's property". WHEREAS, the City of La Porte, a municipal corporation • in Harris County, Texas, hereinafter called "Grantee", desires to use and occupy a portion of Grantor's property for street, road and highway purposes; NOW, THEREFORE, for and in consideration of One and N0/100 Dollars ($1.00) paid to Grantor by Grantee, the receipt of which is hereby acknowledged, Grantor hereby grants permission, subject to the conditions and limitations contained hereinafter, to Grantee to use and occupy for street, road and highway purposes that portion of Grantor's property, being 0.4641 acre, which is located within the metes and bounds set forth on Exhibit "A" attached hereto; the term of such permission to continue so long as no assess - Pent is made against Grantor as a result of paving or other improve- ment costs of any construction on said portion of Grantor's property. The conditions and limitations of this grant are (1) that Grantor may maintain and operate any and all electrical transmission or distribution lines or other facilities owned by Grantor which are now located on, over or under the above described portion of Grantor's property, (2) that Grantor shall retain title to Stich presently existing facilities, (3) that Grantor shall, on, over and under the above described portion.of Grantor's property 00 00 • forever have the right to construct, own, operate, inspect, 'maintain, repair, extend, adjust, modify, add to (either by the enlargement of existing facilities or by the construction of new or additional facili- ties), relocate, or remove, in whole or in part, at its expense, Grantor's existing facilities, or other facilities which Grantor may hereafter require in the .operation of Grantor's business, in such manner as does not interfere with the facilities of Grantee which are located and in- stalled within its easement at the time of any such construction or other work by Grantor, but otherwise in such manner as may be determined by Grantor to be desirable in the operation of Grantor's business, (4) that Grantor shall comply with the minimum clearances required by the National Electric Safety Code .(American National Standard Institute C 1973) and amendments thereto, in Grantor's future construction of electrical con- ductors on, over.or under the above described portion of Grantor's pro- perty, (5) that Grantee's rights herein granted shall not include the right to construct any structure (including guard rails, signs, lighting standards, traffic control facilities, pedestrian walkways, and all utility facilities) at an elevation greater than an elevation of 50 feet, based on National Geodetic Survey datum, 1973 Adjustment, and (6) that if Grantee, on the above described portion of Grantor's property, digs any roadside ditches, or erects any roadside fences or makes any other improvements which would hinder or prevent Grantor's access to and from other portions of Grantor's property abutting on the portion of Grantor's property affected by this instrument, then Grantee will install such culverts or other drainage struc- tures on said ditches, and such gates in said fences, and such curb openings for driveways, and otherwise make such provision with respect to said im- provements, as are necessary in order to maintain Grantor's access to and from said other portions of Grantor's property. -2- • • By acceptance of this instrument, Grantee manifests its under- standing that the term of the permission herein granted shall continue for so long as, and only for so long as, no assessment is made against Grantor as a result of paving or other improvement costs of any construc- tion on the portion of Grantor's property affected by.this instrument, and that in the event such -an assessment is made or attempted, the per- mission herein granted shall immediately terminate and be forever at an end without the necessity of any re-entry or other action by Grantor; provided, however, that in the event of such termination, a new permission similar thereto may be sought through proper proceedings by the exercise of the power of eminent domain; and provided further, however, that all improvements placed on said portion of Grantor's property by Grantee, its • successors and assigns, shall remain the personal property of Grantee, its successors and assigns, and that in the event of such termination, Grantee, its successors and assigns, shall have the right to remove -such improvements. This grant is made subject to all instruments of record affecting the portion of Grantor's property hereinabove described. Grantor, by execution of this instrument, does not waive any of the rights, except.those hereinabove specifically waived, that Grantor may legally have within the limits of the laws of the State of Texas. IN WITNESS WHEREOF, these presents have been executed by Grantor this the _ day of _ — 1976. HOUSTON LIGHTING & POWER COMPANY' By ice resident ATTEST- �.{ 'k1 _{ S T. ecretary i �( 7 -3- THE STATE OF TEXAS COUNTY OF HARRIS p BEFORE ME, the undersigned authority, on this day personally appeared J. D. Cowart, Vice President of Houston Lighting & Power Company, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was,the.act of.the said Houston Lighting & Power Company, a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _ day of 1976. Notary Public in and for - Harris County, Texas 0 EXHIBIT _"A" , All that certain tract or parcel of land lying and being situated in the Richard Pearsall 1/3 League, A-625, Harris County, Texas, more particularly described as follows, to -wit: BEING tract or parcel of land containing 0.4641 acre (20,216 square feet) out of Block 728, of the T. W. Lee Subdivision of Townsite of La Porte, according to map thereof, recorded in Volume 67, Page 1, Harris County Deed Records, and being more particularly described by metes and bounds as follows: BEGINNING at the northeast corner of the tract herein described, same being point of intersection of south right of way line of present Spencer Highway (100 feet wide east and 114 feet wide west of this point) and the east line of said Block 728, and being the southeast corner of a 21.5-foot strip of land conveyed from Houston Lighting & Power Company to Harris County by instrument of record in Harris County Clerk's File, No. D-407490, and being located South 21.5 feet from original northeast corner of said Block 728, and also being in the west line of a 60-foot right of way of the Southern Pacific Transportation Company; i THENCE SOUTH, a distance of 76.00 feet, along said east line of Block 728 and said west line of 60-foot right of way line of Southern Pacific Transportation Company to a point for corner; THENCE WEST', with the following passing calls: At 30.00 feet, east right of way line of Harris County Flood Control District Drainage Easement ( 50 feet wide), Volume 2099, Page 97, Harris County Deed Records; At 80.00 feet, west right of way line of said Harris County Flood Control District Drainage Easement (50 feet wide); At 112.00 feet, east right of way line of Tenneco Pipeline Easement (75 feet wide), Volume 3016, Page 283, Harris County Deed Records; At 187.00 feet, west right of way line of said Tenneco Pipeline Easement (75 feet wide) and east right of way line of Magnolia Pipeline Easement (35 feet wide'), Volume 3210, Page,636, Harris County Deed Records; At 222.00 feet, west right of way line of said Magnolia Pipeline Easement; In all, a distance of 266.00 feet to a point for corner in west line of said Block 728 and east right of way line of 20th Street (30 feet wide); M THENCE NORTH, a distance of 76.00 feet along said west line of Block 728 and said east line of 20th Street to a point for corner in said south right of way line of present Spencer -Highway; 1HENCE EAST, along said south right of way line of present • Spencer Ili ghway, the following passing calls: At 44.00 feet, said west right of way line of Magnolia Pipeline Easement; At 79.00 feet, said east right of way line of Magnolia Pipeline Easement and said west right of way line of Tenneco Pipeline Easement; At 154.00 feet, said east right of way line of Tenneco Pipeline Easement; At 186.00 feet, said west right of way line of Harris. County Flood Control District Drainage Easement; At 236.00 feet, said east right of way line of Harris County Flood Control District Drainage Easement; In all, a distance of 266.00 feet to the POINT OF BEGINNING and containing 0.4641 acre (20,216 square feet) of land. • • .2 THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS THAT: COUNTY OF HARRIS § WHEREAS, Houston Lighting & Power Company, a Texas corporation with its principal place of business located in Houston, Harris County, Texas, hereinafter sometimes called "Grantor", is the owner of an easement covering a tract of land, in the Richard Pearsall Survey, Abstract No. 625, Harris County, Texas, being that easement conveyed to Grantor by the First National Bank of Waco, recorded in Volume 4401, Page 55, Barris County Deed Records, and which said easement is hereafter called "Grantor's property. WHEREAS, The City of La Porte, a municipal corporation in Harris County, Texas, hereinafter called "Grantee", desires to use and occupy a portion of Grantor's property.for street, road and highway purposes; NOW, THEREFORE, for and in consideration -of One and No/100 Dollars ($1.00) paid to Grantor by Grantee, the receipt of which is hereby acknowledged, Grantor hereby grants permission, subject to the conditions and limitations contained hereinafter, to Grantee to use and occupy for street, road and highway purposes that portion of Grantor's property, being 0.234 acre, which is located within the metes and bounds set forth on Exhibit "A" attached hereto; • the term of such permission to continue so long as no assessment is made against Grantor as a result of paving or other improvement costs of any construction on said portion of Grantor's property. The conditions and limitations of this grant are (1) that Grantor may maintain and operate any and all electrical transmission or distribution lines or other facilities owned by= Grantor which are now located on, over or under the above described portion of Grantor's property, (2) that Grantor shall retain title to such presently existing facilities, (3) that Grantor*shall, on, „r We • over and under the above described portion of Grantor's property forever have the right to construct, own, operate, inspect, maintain, repair, extend, adjust, modify, add to (either by the enlargement of existing.facilities or by the construction of new or additional facilities), relocate, or remove, in whole or in part, at its expense, Grantor's existing facilities, or other facilities which Grantor may hereafter require in the operation of Grantor's business, in such manner as does not interfere with the facilities of Grantee which are located and installed within its easement at the time of any such construction or other work • by Grantor, but otherwise in such manner as may determined by Grantor to be desirable in the operation of Grantor's business, (4) that Grantor shall comply with the minimum clearances required by the National Electric Safety Code (American National Standard Institute C 1973) and amendments thereto, in Grantor's future con- struction of electrical conductors on, over or under the above described portion of Grantor's property, .(5) that Grantee's rights herein granted shall not include the right to construct any structure (including guard rails, signs, lighting standards, traffic control facilities, pedestrian walkways, and all utility facilities) at an elevation greater than an elevation of 50 feet, based on National Geodetic Survey datum, 1973 Adjustment, and (6) that if Grantee, on the above described portion of Grantor's' • property, digs any roadside ditches, or erects any roadside fences or makes -any other improvements which would hinder or prevent Grantor's access to and from other portions of Grantor's property abutting on the portion of Grantor's.property affected by this instrument, then Grantee will install such culverts or other drainage structures on said ditches, and such gates in said fences, and such curb openings for driveways, and otherwise make such is provision with respect to said improvements, as are necessary in order to maintain Grantor's access to and from said other portions of Grantor's property. 2. 0 • • • • • By acceptance of this instrument, Grantee manifests its understanding that the term of the permission.herein granted shall continue for so long as, and only for so long as, no assess- ment is made against Grantor as a result of paving or other improvement costs of any construction on the portion of Grantor's property affected by this instrument, and that in the event such an assessment -is made or attempted, the permission herein granted shall immediately terminate and be,forever at an end without the necessity of any re-entry or other action by Grantor. It is understood and agreed that Grantor has by this instrument given its permission for the use of its easement area only insofar as Grantor's i-nterests may appear. Accordingly, Grantee shall before acting pursuant hereto obtain an easement or permission for the owner of the fee title to the land involved. This grant is made subject to all instruments of record affecting the portion of Grantor's property, hereinabove described. Grantor, by execution of this instrument, does not waive any of the rights, except those hereinabove specifically waived, that'Grantor may legally have within the limits of the laws of the' State of Texas. IN WITNESS WHEREOF, these presents have been executed by Grantor this the day of Attest: ( J- AS�t Secretary . 1976. HOUSTON LIGHTING & POWER COMPANY Y t / I Vice President 3. 0• THE STATE OF TEXAS § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, on this day personally appeared J. D. Cowart Vice President of Houston Lighting & Power Company, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said Houston Lighting & Power Company, a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated.. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of 1976 Notary Public in and for Harris County, Texas I:J{IIIBIT "A" A 0.234 of an acre tract of land, out of a twenty (20). acre tract of land, in the Richard Pearsall Survey, Abstract No. 625, Barris County, Texas, said twenty (20) acre tract of land being a portion of Blocks 677, 692 and 713 of the Town of I<Z Porte, according to the map or plat thereof,'recorded in Volume 67, Page 1, of the Deed Records of Harris County, Texas, and said 0.234 of an acre -tract of land also being a part of the 3.7812 acre tract of land described in an easement instrument dated May 21, 1961, from First National Bank of Waco to IIouston Lighting & Power Company, and recorded in Volume 4401, Page 55,'of the Deed Records of Harris County, Texas. Said 0.234 of an acre -tract of land being further described by metes and bounds as follows, all coordinates and bearings are referred to.the Texas Plane Coordinate System South Central Zone as established by the National Geodetic Stirvey in 1934 (formerly U. S. C. & G. S.) and based on the position of the*U. S. C. & G. • S. triangulation station "La Porte 1952": X = 3,249,278.7; Y = 686,904.1: BEGINNING at the southeast corner of said Houston Lighting & Power Company's one hundred and twenty (120) feet wide ease ment, same being the north right-of-way Line of Spencer Road, same being in the south line of the aforementioned twenty (20) acre tract, same being the west right-of-way line of Southern Pacific Transportation Company's right-of-way; U-ENCE, N. 030 02' 20" W., with the east line of IIouston Ligting & Power Company's one hundred and twenty (120) feet wide easement, same being the east line of said twenty (20) acre tract, same being the said west right-of-way line of Southern Pacific Transportation Company's right-of-way, a dis- tance of eighty-five (85) feet. to a point for corner_; TIENCE, S. 860 57' 40" W., 120.00 feet to a point for corner; 'HENCE,, S. 030 02' 20" E., with the west line of said Houston Lighting & Power Company's one hundred and twenty (120) feet wide easement, a distance of eighty-five (85) feet to a point for corner i.n the said north line of Spencer Road, mine being the said south line of IIouston Lighting & Power Comptuiy's one hundred and twenty (120) feet wide easement, same being the • south line of said twenty (20) acre tract; - THENCE, N. 860 57' 40" E., with the cmirton lines of Spencer Road, said Houston Lighting & Power Coirq)any's one hundred and twenty (120) feet ,ride easement, and said twenty (20) acre, tract, a distance of one hturdred Luid twenty (120) feet to the PIACE OF I3E-1XIINNING and contains 0.2311 of an acre. 0/r'I•qya2 �/. J. Nebbestolen 79 • 5033 Fyllingsdalen Norway La Porte Ind. School District Tax Office - P.O. Box 716 La Porte Texas 77571 U.S.A. Attention: Mr. George Sharp, Jr:_ 27.10.76 Dear George: Enclosed is my check for $400.00 for 1974 and 19'75 taxes of Blocks 432 & 980 in La Porte. If this is not enough, please bill me for the difference. Please review and reassess my property since I do not consider my taxes to be fair and equitable. Let my review my experience for you. 1. I bought the property 5 years ago, and have paid City, County, and School taxes ever since. 2. As an absentee property owner I accept "taxation without representation" as a fact of life. 3. In 1974 1 requested zoning from "residential" to "commercial" in order to sell or utilize the property. I was refused with no reason given. Via the "grapevine" I was told that the City Council was afraid I might open a whorehouse, a dynamite factory, or something else that-, would be object- ionable. So therefore in order to get it rezoned I should come in with a plan for use. cont 'd. .7 • • • Mr. George Sharp, Jr. 27.10.76 M 4. In 1976 I again requested rezoning. This time with a reputable buyer who wanted the property for warehouses (a logical use since it is near the growing port). Again I was refused, by the Planning & Zoning Commisssion, with the public explanation that "there was already enough commercial property available, and they would not rezone any more until some bf the current property was developed". 5. In 5 years I have had no interest from residential buyers or developers. It does not have water, sewer, or a location which would interest anyone in wanting to live there. Also the LISD School Board is "up to their ears in students" and do not really want a large apartment complex built there, or even a bunch of houses. 6. It looks like my only hope is to pitch a tent on the property, raise hogs (because everyone likes porkchops) and.walk to the closest friendly neighbor when we need water or want to go to the bathroom. If you can shed any light on the situation I would appreciate hearing from you. cc.: Lee Barnett J.J. Meza g/ Alan T. Ward Sincerely, CBob Chase • ROBERT A. CHASE 2711 Briarhurst #10 Houston, Texas 77027 0 January 10, 1974 -- - = City of LaPorte Planning & Zoning Commission LaPorte, Texas 77571 Gentlemen• Several years ago I purchased some property in La Porte as an investment with the intent of reselling it. It is the lots in Block 432 and Block 980. Block 980 is currently zoned Residential, and Block 432 is split (Residential and Commercial). I respect►ally request rezoning o; this property to Commercial for several good reasons, i.e.: 1. It would increase the tax revenues for the City of La Porte. 2. It is not a location where people would want residential property because it is too close to the Part of Houston container terminal at Barbour's Cut. 3. it would help me sell the property to a user, who would In turn bring business to La Porte and tax revenues. Your favorable action on this is respectfully requested. Sincerely. L Robert A. Chase RAC/h Enclosure: ($100.00 check) Jt:l / sip 1976 Planning Zoning comm'lssion City" of La Porte La Porter Texas 77571 Dear Sirs: t am the le93l miner of Lots t through 16e Block 090 and Lots l through i3 32, Block 432, Town of La Porte. , r i am under contract to sell the above described property to N=jrace r , the / with ccntract being conditional upon obtaining suitable zoning for Mr. Mann's use. ;�- This letter shall evidence my Joining in the request .for ,re -zoning* of thw described above property, w_ ate currently in Bargen► dorwny and my agent, M . Alan T. Ward ., e � !3 t�) thy, firm of Decker NIcKim, Inc., 'Realtors, is authorized to handle any business regarding this request on, ny behalf. �., Thank you for your consid-aration in this matter. Sincerely, Robert A. Chase BUSCH, HUTCHISON & ASSOCIATES, INC. CONSULTING ENGINEERS 1107 FLEETWOOD DRIVE - BAYTOWN, TEXAS 77520 - PHONE (713) 422-8213 October 28, 1976 Honorable Mayor and City Commission City of La Porte P. 0. Box 1115 La Porte; Texas 77571 REPORT ON AVAILABILITY OF WATER AND SEWAGE SERVICE TO PROPOSED DEVELOPMENT NORTH OF SPENCER AND IMMEDIATELY WEST OF THE AIRPORT The proposed development consists of 177 acres of land expected to yield 679 lots. The developer expects to complete and sell 200 homes per year. Service with water to such a development would be no problem. There is an adequate supply in the Fairmont Park system. Domestic waste collection and treatment is not available in great capacity; . however, there is a 15-inch sanitary sewer line on the west side of Big Island Slough extending from Spencer Highway to the treatment plant on Fairmont Parkway. The capacity of this line is about 1.96 cubic feet per second. At the development rate proposed, .27 cfs would be added per year to the present load of .418 cfs. At this rate, the collection system would be adequate throughout the development and would ultimately be conveying some 1.268 cfs. The limiting factor in the situation is the Fairmont Park Sewage Treatment Plant. It has a treatment capacity of .580 mgd and is presently loaded with .225 mgd, leaving an available capacity of .355 mgd. The proposed development will add .175 mgd per year and a quick addition shows the plant will handle the load the first and second years and sometime in the third year it would become overloaded. So far, only the development of one vacant tract has been considered. There is a total of some 340 more acres of vacant land in two tracts which would fall in the service area of the Fairmont Park Treatment Plant and the 15-inch collection line which we have discussed. We do not know when either of these tracts might develop or, for that matter, when the subject tract would actually need service. The full development of either of the other two tracts would overload the collection system, not to mention the treatment plant. LJ • Page Two - Letter to City of La Porte 10-28-76 The City, of course, must bear in mind the strong possibility of receiving the requested EPA 92-500 grant in the next year or two. If this should happen, the new system which would be built would be fully sufficient to handle any and all development of the vacant lands which we have considered. In view of these conditions, about the only attitude the City can adopt at this point is "first come, first serve" up to the capacity of the available facilities. J s utchison, P.E. J /dle • C • 0 CITY PNONE (713) 471.5020 November 5, 1976 Mischer Corporation 740 Esperson Building Houston, Texas 77002 Attention: Mr. Charles Beyer • OF LA PORTS • P. O. Box 1115 • LA POnTE. TEXA9 77571 WATER AND SEWER SERVICE FOR PROPOSED 177 ACRE DEVELOPMENT LOCATED NORTH OF SPENCER HIGHWAY AND WEST OF "BIG ISLAND SLOUGH" Gentlemen, in response to your inquiry dated October 15, 1976, regarding municipal service to the referenced property, the City of La Porte does have adequate sewage collection, sewage treat- ment facilities, water production facilities, and water distri- bution facilities to accomodate the development outlined in your letter. Of course, you will be required to extend the water and sewer lines at your expense in accordance with the City of La Porte's subdivision ordinance. If you have any further questions, please contact me. J. J. Meza, Mayor JJM/sh