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1978-11-29 Regular Meeting
• • • MINUTES - REGULAR MEETING OF THE LA PORTE CITY COMMISSION, LA PORTE, TEXAS NOVEMBER 29, 1978 7:00 P.M. MEMBERS OF THE COMMISSION PRESENT: Mayor Pro-Tem Tom C. Simons; Commissioners I. J. Kibodeaux, and Virginia Cline. MEMBERS OF THE COMMISSION P,BSENT: Mayor J. J. Meza and Commissioner John Tomerlin. OTHER CITY OFFICIALS PRESENT: J. R. Hudgens, City Administrator; Margie Goyen, City Clerk; Knox Askins, City Attorney; Stan Sherwood, Parks & Recreation Director; Joe Sease, Fire Chief; H. R. Freeman, • Chief of Police. OTHER CITY OFFICIALS ABSENT: D. R. McLaughlin, Fire Marshal. OTHERS PRESENT: Decker McKim of Decker McKim Realty; Representatives of Exxon Pipeline Company and Air Products and Chemical Company. PRESIDING: Mayor Pro-Tem Tom Simons. + + + 1. CALL TO ORDER - Mayor Pro-Tem Simons called the meeting to order. Motion by Commissioner Cline, seconded by Commissioner Kibodeaux to suspend the regular order of business and go directly into work shop. Motion carried by the following vote: • AYES: Commissioners Kibodeaux and Cline, and Mayor Pro-Tem Simons. NAYS: None. The regular order of business was suspended at 7:01 P.M. The regular order of business was resumed at 7:37 P.M. + + + • . • Regular Meeting 11/29/78 2 2. INVOCATION - The invocation was given by Commissioner Kibodeaux. + + + 3. APPROVAL OF MINUTES - REGULAR MEETING - NOVEMBER 8, 1978 - Motion by Commissioner Cline, seconded by Commissioner Kibodeaux to approve the minutes of the regular meeting of November 8, 1978, as presented. Motion carried by the following vote: AYES: Commissioners Kibodeaux and Cline; Mayor Pro-Tem Simons. NAYS: None. + + + 4. CONSIDER APPROPRIP,TION OF $14,000.00 FROM GENERAL FUND CONTINGENCY FOR THE PURPOSE OF ACQUIRING TECHNICAL ASSISTANCE FROM REPRESENTATIVES OF TEXA'S'A & M UNIVERSITY TO REVIEW AND REVISE THE ZONING AND SUBDIVISION ORDINANCES - Motion by • Commissioner Cline, seconded by Commissioner Kibodeaux to appropriate $14,000.00 from the General Fund Contingency for the purpose of acquiring technical assistance from representa- tives of Texas A & M University to review and revise the Zoning and Subdivision Ordinances. Motion carried by the following vote: AYES: Commissioners Kibodeaux and Cline; Mayor Pro-Tem Simons. NAYS: None. + + + 5. CONSIDER FORMAL ADOPTION 'OF THE UTILITY EXTENSION AGREEMENT - Motion by Commissioner Kibodeaux, seconded by Commissioner Cline to formally adopt the Utility Extension Agreement. A copy is attached and made a part of these minutes. Motion carried by the following vote: AYES: Commissioners Kibodeaux and Cline; Mayor Pro-Tem Simons. NAYS: None. + + + • • • • Regular Meeting 11/29/78 3 6. CONSIDER APPROVAL OF CHANGE ORDER NO. 1 TO THE P. G. BELL (CITY HALL) CONTRACT - Motion by Commissioner Kibodeaux, seconded by Commissioner Cline to approve Change Order No. 1 to the P. G. Bell Contract, reducing the contract price in the amount of $5,437.00. The new contract sum would be $657,563.00. The Change Order No. 1 is attached and made a part of these minutes. Motion carried by the following vote: AYES: Commissioners Kibodeaux and Cline; Mayor Pro-Tem Simons. NAYS: None. + + + 7. CONSIDER APPROVING UTILITY EXTENSION AGREEMENT WITH FRED WESTERGREN - The City Administrator stated that Fred Westergren requested approval of a utility extension agreement to construct a lift station and extend approximately 550 l.f, of 8" sanitary sewer line to serve Blocks 825 and 832. He further stated that Mr. Westergren has had plans prepared by Carlos • Smith and received a bid from McKey Construction & Equipment in the amount of $16,013.00 for construction. He recommended authorization of the execution of the agreement. Motion by Commissioner Cline, seconded by Commissioner Kibodeaux to approve the Utility Extension Agreement with Fred Westergren. A copy of the recommendation and agreement are attached and made a part of these minutes. Motion carried by the following vote: AYES: Commissioners Kibodeaux and Cline; Mayor Pro-Tem Simons. NAYS: None. + + + 8. CONSIDER CALLING A JOINT PUBLIC HEARING WITH PLANNING AND ZONING COMMISSION ON AMENDMENTS TO THE ZONING ORDINANCE TO BE HELD ON DECEMBERR 20, 1978, AT 7:00 P.M. - Motion by Commissioner Cline, seconded by Commissioner Kibodeaux to call a joint public hearing with the Planning and Zoning Commission on amendments to the Zoning Ordinance to be held on December 20, 1978, at 7:00 P.M. Motion carried by the following vote: • AYES: Commissioners Kibodeaux and Cline; Mayor Pro-Tem Simons. NAYS: None. + + + • • Regular Meeting 11/29/78 4 9. CONSIDER CALLING SPECIAL WORK SHOP TO BE HELD ON DECEMBER 6, 1978, IMMEDIATELY FOLLOWING THE REGULAR MEETING WHICH BEGINS AT 7:00 P.M., TO DISCUSS CAPITAL IMPROVEMENTS - Motion by Commissioner Kibodeaux, seconded by Commissioner Cline to call a special work shop to be held on December 6, 1978, immediately following the regular meeting which begins at 7:00 P.M., to discuss capital improvements. Motion carried by the following vote: AYES: Commissioners Kibodeaux and Cline; Mayor Pro-Tem Simons. NAYS: None. + + + 10. ADMINISTRATIVE R: had met with the Busch, Hutchison County regarding Fairmont Parkway • SPORTS - The Administrator stated that he Attorney, Messrs. Hutchison and Corbin of and Messrs. Cline and Langford of Harris improvements on Little Cedar Bayou between and Spur 501. A brief discussion was held. + + + 11. COUNCIL ACTION - None. + + + 12. EXECUTIVE SESSION - V.A.T.S. - ARTICLE 6252-17 - SECTION 2 - (E), (F), AND' (G - (LEGAL, LAND ACQUISITION AND PERSONNEL)- The Attorney requested an executive session. Motion by Commissioner Cline, seconded by Commissioner Kibodeaux that the meeting recess for an executive session. Motion carried by the following vote: AYES: Commissioners Kibodeaux and Cline; Mayor Pro-Tem Simons. NAYS: None. The meeting recessed at 7:53 P.M. The meeting reconvened at 8:14 P.M. • + + + • Regular Meeting 11/29/78 5 13. ADJOURNMENT - Motion by Commissioner Kibodeaux, seconded by Commissioner Cline that the meeting adjourn. Motion carried by the following vote: AYES: Commissioners Kibodeaux and Cline; Mayor Pro-Tem Simons. NAYS: None. The meeting adjourned at 8:15 P.M. O Margie G en, Cit Clerk Passed and Approved this the 6th day of December, 1978. • J. J. Meza, Mayor • MEMORANDUM • LJ November 13, 1978 TO: Mayor and Council FROM: J. R. Hudgens • SUBJECT: ZONING AND SUBDIVISION ORDINANCE REVISION In a memorandum dated November 1, 1978, reference a zoning matter, I indicated preliminary arrangement had been made with the Department of Urban and Regional Planning, College of Architecture and Environmental Design at Texas A&M University, to assist in the revision of the above ordinances.- Estimated initiation of the assistance would be in January of 1979 with completion estimated to be July of 1979. The approximate cost of the assistance is projected to be $14,000.00. It is requested that Counci au rize the appropriation of $14,000.00 from the General Fun CorJd gency to fund this project. ~ giucigens Administrator JRH/cb • ~ ~ ~~3Er'lORANDUPd • -November 1, 197 8 TO: -Mayor and Council _-FROM: J. R. Hudgens -SUBJECT: Zoning I ata in receipt (attached) or correspondence from Beau-Bay .Development Corporation, developers of the Creekmont subdivision, and Monarch Homes, a proposed builder in Creekmont, requesting two variances from our zoning ordinance. The two requirements of the ordinance that prompted the variance requests are: 1. dotal slab area of structures cannot exceed one-third (1/3) of the total lot area. 2. ~.'wenty-five (25) feet minimum setback from rear property line - except for detached structures may be within three (3) feet of rear property line. Monarch Homes, a tract builder, proposes to build four models in the referenced subdivision. Upon submission of their plans for • construction it was determined that some of their proposed con- struction would violate the above two zoning provisions. In response to the variance request a telephone survey of ten (10) surrounding communities was made (attached) for compara- tive purposes. Of the ten communities surveyed, three did not have zoning. The remaining seven approached the required open areas in a manner less specific than La Porte, witr. the exception of Nassau Bay. In addition to the telephone survey, I visited with Dr. Wolfgang Roeseler, Chairman, Department of Urban and Regional Planning, College of Architecture and Environmental Design at Texas A&M University. Dr. Roeseler indicated that there is a trend to smaller lot sizes due to increased cost of land and construction. He indicated, however, that coupled with this trend is a shift to alternative types of housing. The al- • ternatives, although still single family dwellings, reflect changes that are not traditional elements of single family units. Such items as zero lot lines, patio homes and planned unit devel- opments that allow for increased densities but at the same time retain a measure of aesthetic objectives while maximizing land use. The survey or my discussions with Dr. Roeseler do not indi- cate a clear-cut answer to the question at hand. As a point of interest or confusion, Dr. Roeseler (who is not an attorney) indicated that. in his judgment the City could not grant "the variance" requested by Monarch Homes because it exceeded the defi- • nition of a variance ir. that what they (Monarch) are requesting is a "rezoning" of an entire area. In his. (Dr. Roeseler) judg- ment, the granting of a variance would be proper only when it MEMORANDUM November 2, 1978 -Page 2 • concerns a single property owner. Therefore, I will request that Mr. Askins determine the validity of the Monarch request =from that perspective. • In this same vein, I am in receipt of a memorandum from Pat Muston, Chairman of the Planning and Zoning Commission (attached) that outlines some of the items they are considering and requesting guidance on. Because of Mrs. Muston's memorandum, the Creekmont item, and comments from Council concerning a desire to review not only our zoning ordinance but the subdivision ordi- nance as well, I have made preliminary arrangements with Dr. Roe- seler of A&M to assist the Council and Planning and Zoning Com- mission in a revision of the zoning and subdivision ordinances. .Estimated initiation of the assistance would be in January of .1979 with completion estimated to be June or July of 1979. The approximate cost of the assistance would be $12,000 to $14,000 dollars. Keeping in mind that the above verbiage has not answered the Creekmont question but raised other questions and issues because ~f the complexities involved, I see that we have several options -open to us. 1. Ignore the requirements of the zoning ordinance and let the builder continue per his plans. 2. -Grant the builder a variance on the item with legal sanction (per Askins). '3. Grant the builder a variance on the item without legal sanction (per Askins). 4. Amend the zoning ordinance so the builder may continue per his plans and/or with some modifications. 5. Make the builder comply with the existing ordinance .until a review and update of the ordinance(s) can be completed in July of 1979. 6. Combine option number 5 with any one of options 1-4. Beau-Bay Development and Monarch both have an investment in the Creekmont subdivision with the former being the most substan- tial. Considering the amount of capital investment and the need for housing in La Porte, I fermi we should respond to their request as soon as practical . / ,~% / , j ~tl: Hudgens ity Administrator JRH/cb Enc . ~ r BEAU-BAY DEVELOPMENT CORPORATION • 8702 Daffodil ..Houston, Texas 77063 October 19, .1978 Mr. Jim Hudgens, City Administrator City of LaPorte .Post Off ice Box 1115 LaPorte, Texas 77571 RE: Creekmont Dear Mr. Hudgens: .~ As you are well aware, Beau-Bay Development Corporation is concluding its development work on LaPorte's newest subdivision, Creekmont. Last week its primary builder, Monarch Homes, Inc., submitted its plans and specifications to the building authority • of the City of LaPorte requesting building permits for its four model homes to be located in Creekmont, which are to be the basic floor plans for the building program which they have designed for the subdivision. Technically correct, based on the current zoning ordinance revised in the late sixties, over a decade old, these permits were turned down because of the prohibition of the lot coverage of the slab under roof exceeding one-third of the total lot area and the twenty-five foot rear setback requirement. Under- standably, Monarch Homes is quite concerned about these restrictions as this Company has put a great deal of time and money in putting together a program which they have determined will fill a valid need in housing in the LaPorte area. On behalf of the interests of Monarch Homes, the City of LaPorte, and Beau-Bay Development Corporation I am respectfully requesting the following variances by granted for Creekmont Subdivision. 1. Variance in lot coverage by an additional 6 2/3~ (from 33 1/3i to 40~). 2. Variance in the rear setback line by a re- duction of 15 feet (from 25 feet to 10 feet) . • ~ ~ October 19, 1978 • .Page II If I may, let me briefly enumerate how I think the interests of Monarch Homes, the City of LaPorte and Beau-Bay Development Corporation are linked together by our variance request. First, Eeau-Bay is quite anxious for Monarch Homes to be its primary builder as it enjoys an excellent reputation as a financially stable, quality-concious builder within the home building in- dustry in the Houston area amongst home buyers, lenders and peers in the industry. Monarch Homes is the oldest locally -owned major home builders in the Houston area having been in. business for 22 years. They operate with-the integrity, im- agination and conservativeness necessary to function in a market place with rapidly rising building costs. As a result of their proven ability, track record, and enthusiasm for the LaPorte area we are pleased to have them in Creekmont. To date, they have spent a great deal of money designing and selecting plans which they feel will be best received by the purchasers in the LaPorte area and offer an alternative to what is being made available there today. Its production and administrative staff s have compiled all the data necessary to begin work using the plans they have submitted, and to change them would in addition to • being contradictory to their marketing thinking would be quite costly to them with respect to both time and money. Therefore, -these variances are very important to them. The interests of LaPorte are served in granting these variances for at least two compelling reasons. One, is that the presence of Monarch Homes injects a competitive force into the area and provides a viable alternative to the housing now available. The competitiveness that result from the entry of Monarch Homes into the LaPorte market area can only result in better buys for the consumer. The one with the most product for the least money will prevail. To provide the competition with General Homes, a Com- pany with Monarch's ability is needed. Second, the trend in the land development and home building in- • dustry in the Houston area and the nation is toward more house on smaller lots. Rising land costs and particularly development costs dictate this trend. The costs of producing lots and housing _ are rising higher and faster than the ability of the consumer to buy them. This is why the F.H.A. and V.A. which had these same two restrictions (the area requirement and twenty five foot rear setback) have discontinued their application. To attest to - this, Monarch Homes has built F.H.A. and V.A. some of the same plans they want to build in Creekmont for years around Houston on the same size lots. Granting these variances would allows them • to coincide with the purposes of F.H.A. and V.A. and provide the -most house for the least money. This end, I think, is directly supportive of the interests of LaPorte. • October 19, 1978 • Page III There are other arguments I can think of for granting these variances, but I think the ones mentioned are central and quite .sufficient on their own merit. Let me conclude by stating the obvious interest which Beau-Bay Development Corporation has in this matter. Beau-Bay has at this time a tremendous investment in the ground in the Creekmont Subdivision with interest on our financing running at an ever-increasing rate. Time, therefore, is important to us, especially since we are not a bohenoth land developer. Our involvement in the LaPorte area to date has been quite favorable throughout the planning and development of this subdivision. All of the planning and zoning authorities, and governmental officials have taken a rational and sensitive look at all matters as they have arisen pertaining to this project. Timely action in granting these variances by the board of adjust- ment will allow us to keep Monarch Homes in our subdivision and, thus, allow them to build the plans which they think will best address the market. Beau-Bay looks forwward to its involvement in the LaPorte area for at least the next three or four years, .and hopefully longer, and therefore considers that this request will aid a viable quality residential growth in the area. • Your attention in this matter is greatly appreciated. Sincerely, Beau-Bay Deve pent Corporation S. _. ohn S. Pipkin, President JSP/ j a U . October 18, 1978 MONARCH HOMES 9910 Cash Road Stafford.Texas 774771713)499-4S2S • The Honorable Jim Hudgens -City Administrator City of La Porte Post Office Box 1115 La Porte, Texas 77571 RE: Creekmont Dear Mr. Hudgens: Monarch Homes, Inc., has an option to purchase 60% of the Creekmont Subdivision from Beau-Bay Development Corporation. After extensive market research,. Monarch Homes, Inc., has developed a program for Creekmont with house designs ranging in size from 1641 square feet to 1899 square feet (2272 square feet to 2563 square feet of slab area). The price range of these units at today's prices will range from the high 50's to mid 60's. • These same basic plans are currently being built under the Veterans Administration program in the following subdivisions: 1. Lexington Woods - Spring, Texas 2. Northwest Park - Hwy. 149 between I-45 and Hwy. 6 3. Harvest Bend - off Jones Road and 1960 on Windfern 4. Williamsburg Colony - I-10 and Mason Road area 5. West Memorial - I-10 and Mason Road area 6. The Highlands - Southwest Freeway at Hwy. 6 7. Hunters Glen - off Hwy. 2234 in Missouri City All of these homes are built to be marketed VA, FHA, or Conventional and are all inspected by the Veterans Administration -which will allow placement of the homes on the lot to within three (3) feet of any rear easement and three (3) feet within any side property line as long as ten (10) feet is maintained between the homes. It has come to our attention that the city of La Porte has a zoning ordinance that prohibits construction of a unit where the slab area exceeds one-third of the total lot area or that is closer than twenty-five (25) feet to the rear property line. n U -Page 2 The Honorable Jim Hudgens - Creekmont .October 18, 1978 These are basically the same requirements that have been discontinued by the Veterans Administration, and others, due to lots decreasing in size because of higher land and development costs. Eight to ten years ago, Monarch Homes built on lots that were 70 to 75 feet by 120 to 130 feet and the guidelines were workable. One of the many reasons Creekmont was attractive to us was the lot size - the typical being 60 by 110 feet. Many of the new subdivisions that :are being presented to us have lots as small as 50 by 100 feet. With rising cost of land, labor, and material, we are finding it most difficult to present an affordable home. EXAMPLE: Today a 1200 to 1400 square foot home costs within a few hundred dollars of as much as a 1600 square foot home (the smaller home contains the same plumbing, electrical, doors, etc. - the only thing coming out is some slab area, wall space, and roof area - the least expensive components of the home). Monarch Homes proposed program for Creekmont is as follows: Living Area Slab Area Depth (excluding front porches and bow bay windows) Plan #1 1641 sq. ft. 2272 sq. ft. 65 • - Plan #2 1735 2365 44 Plan #3 1851 2451 65 Plan #4 1899 2553 69 _ Creekmont's typical size is 60 by 110 which would allow for a maximum on one level of 1678 square feet of living area: _ 60 x 110 = 6600 33 = 2178 square feet :Less approx. porches, garages - 500 square feet 1678 Maximum depth of the unit would be 59 feet -and maximum width would be 50. With these reasons in mind, we respectfully request variances be granted for Creekmont using the following guidelines: I. Variance in lot coverage by an additional 6 2/30 (from 33 1/3% to 400). In most cases, .our program would be over the present requirement but only 20 to 4o as noted on our plans. • • ..Page 3 The Honorable Jim Hudgens - Creekmont .October 18, 1978 II. Variance in rear building line by a reduction of 15 feet (from 25 feet to 10 feet). Attached for your review are copies of unit locations on typical lots for some of the previously listed subdivisions. Our proposed model plans and specifications with plot plans are already in your files. Thank you for your consideration of this matter. y ~-N . John E. Harris Executive Vice-President • JEH:cr Attachments • Sincerely, ~ crc a N~ • o co. r ~ m M rt oav- vNi a rt ~ a ~ ~ ~ z • ~ ~ ~ ~ . y " ~ O 1 9 c+i x t ~• a ~ fD x x ~ w a ' o ,-} ~ m . cD M ~ p y t7 ~ H ~ K «d N a .o .~ 4 0 N W V W J 00 N ~ CG OD 1 1 1 1 1 1 1 1 1 0 W N N FJ OD F-~ OD W N ~~ ~ 1--~ C71 . W W N N '' N W ~' W O !-~ O N N • 00 O tD ~ f-+ oo N ca ~ v+ W N N ~' N ...x x x x x x x x x x o .:w N cn o cn t" O N r ~ N ~ rt cW a~c n ~ * i H ~OrF ~ -r o h~ ~ n ~ • O c D n ,.~ ° dP ~ ~ ~ W ~ ~• ~ to N M rt O N~ ~ y .,~~ M O ~ rt ''d M :~t . a x _ w o HRH ~ z O cD h • C p ~ v1 X r•t :d -~ ~ "~ ~ .:N ~ ~ Y o ~ ~ N H ~ ~ 'd n ro y ~ ~ b• i-~ t *j X ~ X Q ~ - -] X m K ~ ~ ~ ~ ~ ~ ~ ~ r c~ E n w ~•. ~ p• ` K ° G ~ a ~ C n ~ ~ ~ c n too ~ ~ `D a ~• r a u c m - s _ • ~ ~ G N x x ~ d ~ ~• ' rt - H O O H cn ~ n d ~ ~ da Er~m'w C~ • co ~ --~ n (~ A. w cn o N- ~ N H O N ~ W ~ ~ O X ~ M N 'S X ~ n D ( D G ( x o a rt+ `~ rt• x rt H m ro ~• n G l1 _.. r•F !7 W 0 N a~ . ri ~• ~ .® A N F-' F-~ F-~ F-' N N N N N d 0 0' O o 0 0 0 0 0 o a N N N N N N N N N N M W W W W W W W W W W • • :MEMORANDUM October 25, 1978 TO: J. R. Hudgens FROM: Pat Muston SUBJECT: Zoning Considerations The Planning & Zoning Commission of the City of La Porte is considering a recommendation for expansion of our zoning classifications as follows: 1. (R-1) Single family residential 2. (R-2) Single family residential (less square footage xequired) 3. Townhouses 4. Multi-family-low density (duplex-fourplex) 5. Multi-family-high density (apartment complex) 6. Neighborhood Services (light commercial such as con- venience food stores, beauty shops, laundromats, restaurants, art galleries) 7. Commercial 8. Light Industrial (special permit) - 9. Heavy Industrial (special permit) We need guidelines on multi-family density limits. We also need definitions and guidelines on industrial use. Would the difference between light and heavy be determined by the product, emissions, noise level, or transportation needs? We are also discussing a possible recommendation for smaller lot requirements and the use of shallow open ditches where pos- sible, rather than curbs and gutters. We feel these changes would cut the cost of home construction a great deal. :Pat Muston, Chairman 'Planning & Zoning Commission PM/cb • • =UTILITY EXTENSION AGREEMENT THE .STATE OFTEXAS X X COUNTY OF HARRIS X .This-agreement, made this .day of , 19 , by-and between the City of La Porte, herein called "City", acting herein through its ~ , (Title of.autnorized official) .and .Strike out inapplicable terms (a corporation)(a partnership) (an individual doing business as • ) ~of County of , and State ® of hereinafter called "Party." ~~W I T N E S S E T H (1) All references to "Utility Main(s)" hereunder shall, for the purposes of this agreement, refer to (2) Owner is the owner of certain property in the City of .La Porte, Harris County, Texas, identified as • ~- • City's utility mains do not presently extend to said property. Owlier has requested City to extend utility mains to Owner's said property. • • (3) City hereby agrees to construct and install an extension of its utility main(s) to said property commencing at the nearest existing utility main(s) of sufficient size and capacity. Thence ..along/thru City of La Porte rights-of-way and/or easements to said Owner's property. Provided, however, that should City not possess all necessary rights-of-way and/or easements~to complete said extension(s), Owner shall be solely responsible for obtaining said -additional rights-of-way and/or easements at no cost to City. (4) Owner agrees to pay all costs. related to the construc- tion and installation of said line(s) including necessary appur- tenances in conformance with City '.s standards and specifications for said line(s). Owner further agrees to pay all engineering fees for survey, design, contract documents, bidding, construction staking, and construction inspection. (5) Subject to the provisions of this agreement, City hereby agrees to construct and install said extension of its utility main(s) according to the plans and specifications to be prepared by City's engineer. Prior to City authorizing the City's engineer to prepare plans and specifications Owner will deposit with City in escrow a sum of money based on and equal to the City engineer's estimated project cost in conformance with Section 4, less esti- mated construction, construction staking and inspection costs. Thereafter, City will authorize the City engineer to prepare plans ® and specifications for said extension (s) . Upon completion of plans and specifications City will place the project for bid. When bids .are received they shall be tabulated by the City and a copy of .said tabulation shall be provided to Owner. Thereaf ter, Owner shall deposit with City in escrow a sum equal to the amount bid by the lowest responsible chosen bidder, plus a sum equal to the estimated construction staking and inspection fees if applicable. ,When said deposit has been made by Owner, City shall execute a contract for said extension(s). It is agreed and understood that the deposited escrow amount made by Owner does not relieve Owner from paying for any unforseen costs and/or cost overruns in the project that result from circumstances beyond the control of City. (6) City agrees to accept the value of the extension(s) that .abutt said Owner's property as a pro rata portion of the prevailing square footage and/or front footage connection charge for water .and/or sewer service against said property belonging to Owner. Owner shall be responsible for all other customary charges. (7) Upon execution of this agreement and compliance with terms herein, City agrees to begin the preparation of engineering plans and construction specifications for said extension(s), and to begin construction thereof as soon as the same may be let for contract as herein provided. City shall require the contractor ` under such contract to diligently pursue the construction of the project to completion. ___.._ • (8) In the event that other owners of property abutting the line(s) extended by Owner under this contract, as shown on the . plat attached hereto as Exhibit A and incorporated by reference herein, shall Utilize the extended line(s) constructed under this agreement, by making connection thereto under a permit from City within a period of ten (10) years from and after the date City • has accepted the construction of said facilities by the contractor, City agrees to collect from said property owners, its prevailing square footage and/or front footage connection fees from said property owners and to reimburse Owner the amount collected from such property owners, until Owner has been reimbursed a maximum total of the sum paid by Owner to the City under the terms of this agreement, less Owner's own water and/or sewer square footage and/or front footage connection charges. . • • IN WITNESS WHEREOi, the Parties to.these present have executed ® this agreement in several counterparts, each of which shall be -deemed an original, in the year~and day first mentioned above. (Seal) =CITY OF LA PORTE - .ATTEST: By : BY =. Secretary ,Title: (Seal) .Party By: Secretary .Title: Witness .:Address and zip code ~,pproved as to Form: _City Attorney - Note: City Secretary should attest: If Party is a corporation, Secretary of Corporation should attest. . .~ • • i Y 1A O iJ U E. U O U G H T I [. J A C K 1A. P O R T E P. F I E L D • October 26, 1978 The Honorable J. J. Meza, Mayor City of LaPorte P. O. Box 1115 LaPorte, Texas 77571 Re: LaPorte City Hall Building Dear Mayor: Enclosed are four copies of Change Order Number One reducing the contract price in the amount of $5, 437.00. The new contract sum is $657, 563.00. Please sign all copies, retain two copies for your files and returnt<vo copies to this office for distribution. • Sincerely, HTIE & M. Porterfield Encl. CAROL J. L I B B Y, A S S O C I A T E T~'T?FTT.~T Tl ~.. ~.,.__ . ww.. A R C N I T E C T S FIRST PASADENA STATE BANK BUILDING Arco Codr (713 473-8188 PASADENA, TEXAS MtAtI41R. M1[i:ICti=J IN<IIIUIE OI AI2<Iflik~_11 • TE\A~~'~C.r~-II.IY Oi N~CIIIII~_I', • CUNS!hU~11CiN `.I [CIF1C:~11G[JS I^J'~lllUll • i CFIA~~~GE ~ OWNER ^ ARCHITECT ^ OIZD'ER CONTRACTOR ^ FIELD ^ AIA JCUMENT G701 OTHER PROJECT: A City Hall Building for the CHANGE ORDER NUMBER: 1 (name, address) City of LaPorte Harris County, Texas 70 (Contractor) (- P.G. Bell Company ~ ARCHITECT'S PROJECT NO: 276-77 4511 Dacoma CONTRACT FOR: A City Hall Building Houston, Texas 77501 for the City of LaPorte L. ~ 'CONTRACT DATE: You are directed to make the following changes in this Contract: . Item #1. Specified Allowances not used Testing Hardware Graphics Item #2 Delete tackboards from the contract Item #3 Delete west entrance drive Item #4 Install water and drain in atrium Item #5 Install electrical work in telephone equipment room as per S.W. Bell require. Item #6 Partition changes in rooms 125 & 126 Item #7 Reduce contract price for plaster work Item #8 Install seal coat on parking lot Item #9 Extension of Contract date due to rain, strikes, etc. - 35 days September 26, 1977 ADD DEDUCT . ~1, 0 3,344.00 73.00 296.00 564.00 X206.00 938.00 no change 600.00 no change ~ , 44.00 $~S8 .00 The original Contract Sum was Net change by previous Change Orders The Contract Sum prior to this Change Order was . The Contract Sum will be•Eiwere~aeed) (decreased) wed) by this Change Order . The new Contract Sum including this Change Order will be The Contract Time will be (increased) (d~e~) (~Ci) by The Date of Completion as of the date of this Change Order therefore is Doughtie & Porterfield ARCHITECT .$~_ ~~st`.Pasadena S t _ Rk Pasad na, Tex, 7750,2 ~ • BY A ~~ • • ~ 663, 000, oo . $ • ~ 663, 000.00 • • $ 5, 437.00 • • ~ 657, 563.00 ( 35) Days. June 7, 1978 P.G. Bell Company City of LaPorte CONTRACTOR W ER P_0. Rox 26,~i1 Box 1115 Address Address Houston, Tex 7 1 LaPorte, Texas 77571 ~~~ BY DAf ~D BY DATE AIA DOCUMENT G701 CHANGE ORDEK APRIL 1970 EDITION AIA© ©1970 THE ONE PAGE AMERICAN INSTITUTE OF ARCHIT[CTS, 1735 NEW YOKK AV[., NW, WASHINGTON, D.C. 2000G • November 27, 1978 T0: Mayor & Council FROM: J. R. Hudgens MEMORANDUM SUBJECT: Westergren Utility Extension Agreement Fred Westergren is requesting approval of a utility extension agreement to construct a lift station and extend approximately 550 l.f. of 8" sanitary sewer line to serve Blocks 825 and 832. The lift station is to be constructed on the northeast corner of 16th and Avenue E with a 4" force main to pump across (west) 16th Street to an existing manhole on the northeast corner of the same intersection. The 8" gravity line will extend from the lift station south on the east side of 16th Street approximately 550 feet. Mr. Westergren has already had plans prepared by Carlos Smith and received a bid from McKey Construction & Equipment, Inc., in the amount of $16,013.00 for construction. It is recommended that Council agreement. . R. JRH/cb ize the execution of the agens inistrator • • • AdmiTris'"trat ion CITY OF lA PORTE INTER-OFFICE MEMORANDUM • T0: MAYOR & CITY COMMISSIONERS DATE: NOVEMBER 29, 1978 FROM• PLANNING & ZONING COMMISSION PAT MUSTON, CHAIRMAN ' SUBJECT AMENDMENT RELATING TO R-1 PROVISION OF ZONING ORDINANCE The Planning & Zoning Commission of the City of La Porte requests a joint public hearing with the City Commission concerning the proposed amendment to the Zoning Ordinance. • F7e feel that the amendment will essentially meet the needs of all concerned until a full study can be made. We therefore recommend that the amendment be adopted in its present form. Respectfully, ~iL7~ Pat Muston, Chairma~~ • - • • ORDINANCE N0. 780- AN ORDINANCE AMENDING ORDINANCE NO. 780, THE CITY OF LA PORTE ZONING ORDINANCE, PASSED AND APPROVED ON FEBRUARY 5, 1968; PROVIDING MINIMUM DEPTHS OF SIDE YARDS; PROVIDING MINIMUM DEPTHS OF REAR YARDS; PROVIDING MAXIMUM COVERAGE BY BUILDINGS ON A LOT; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE GUILTY OF A MISDEMEANOR AND UPON CON- VICTION THEREOF SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00); AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COMMISSIOPI OF THE CITY OF LA PORTE: Section 1. Section 13-201(8) of Ordinance No. 780 of the City of La Porte, is hereby amended, and shall hereafter read as follows, to-wit: (8) Accessory buildings, including a private garage, bona fide servants' quarters not for rent but for the use of servants employed on the premises, when detached from the main building and located not less than seventy-five (75) feet from the front lot line, and not less than five (5) feet from any side property line. 6Vhen an accessory building is directly attached to the main building by a breezeway, the accessory building and breezeway shall be .considered integral parts of the main build- . ing. Section 2. Section 13-204~of the Ordinance No. 780 of the City of La Porte, Texas, is hereby amended to read as follows: 13-204 Area Regulations: (1) Front Yard: The Front Yard shall have a minimum depth of twenty-five (25) feet. (2) Side Yard: The Side Yard shall have a min- imum width of five (5) feet; however, lots less than fifty (50) feet in width shall provide a minimum Side Yard of three (3) feet, except that on corner lots, the Side Yard on the side street shall be a minimum of five (5) feet. An accessory building in a Rear Yard shall not be closer than three (3) feet to a side lot line. (3) Rear Yard: The Rear Yard shall have a minimum depth of eighteen (18) feet or of ten (10) feet from any utility easement, whichever is greater. A detached accessory building in the Rear Yard shall not be closer than three (3) feet to the ' rear lot line or to any utility easement. (4) Area of the Lot: All building plots in this district shall contain not less than six thousand (6,000). square feet,. subject to the provisions of Section 13-103. • (5) Buildings on the Lot: The buildings or building on any one (1) lot must not exceed forty per cent (40~) of the entire lot area. e O Ordinance No. 780- Page 2. Section 3. Any person, as defined in Section 1.07(27), Texas Penal Code, who shall violate any provision of this ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). Each day any violation of this ordinance shall continue shall constitute a separate offense. Section 4. If any section, sentence, phrase, clause, or u any part of any sect, ordinance shall, for invalidity shall not ordinance, and it is this City Commission phrase or clause, or ion, sentence, phrase, or clause, of this any reason, be held invalid, such affect the remaining portions of this hereby declared to be the intention of to have passed each section, sentence, part thereof, may be declared invalid. Section 5. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City, Clerk shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper in the City of La Porte at least twice within ten (10) days after the passage of this ordinance. PASSED AND APPROVED, this the day of 1978. CITY OF LA PORTE By J. J. Meza, Mayor ATTEST: City Clerk APPROVED: /' i ~C~, l City Attorney/{/