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HomeMy WebLinkAbout1979-03-21 Regular Meeting• • MINUTES - REGULAR MEETING OF THE LA PORTE CITY COMMISSION, LA PORTE, TEXAS MARCH 21, 1979 7:00 P.M. MEMBERS OF THE COMMISSION PRESENT: Mayor J. J. Meza; Commissioners John Tomerlin, I. J. Kibodeaux, Virginia Cline, and Tom C. Simons. MEMBERS OF THE COMMISSION ABSENT: None. OTHER CITY OFFICIALS PRESENT: J. R. Hudgens, City Administrator; Margie Goyen, City Clerk; H. F. Freeman, Chief of Police, Stan Sherwood, Parks & Recreation Director; Joe Sease, Fire Chief; • Paul Hickenbottom; Gail Hamilton, Assistant City Attorney. OTHER CITY OFFICIALS ABSENT: D. R. McLaughlin, Fire Marshal, and R. L. Caldwell, Acting Director of Public Works. OTHERS PRESENT: A. J. Busch, Jr., and David Corbin of Busch, Hutchison and Associates, Consulting Engineers; Fred Westergren. PRESIDING: Mayor J. J. Meza. + + + 1. CALL TO ORDER - Mayor Meza called the meeting to order. + + + • 2. INVOCATION - The invocation was given by Commissioner Kibodeaux. + + + • • • Regular Meeting 3/21/79 2 3. APPROVAL OF MINUTES - REGULAR MEETING - MARCH 7, 1979 - Motion by Commissioner Cline, seconded by Commissioner Simons to approve the minutes of the regular meeting of March 7, 1979, as presented. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. + + + 4. CONSIDER AWARDING BIDS - EQUIPMENT IN 1978-79 BUDGET - After a brief discussion, motion by Commissioner Cline, seconded by Commissioner Tomerlin to accept the recommendation of the City Administrator and table the awarding of bids for equipment in the 1978-79 budget, for additional study. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. • + + + 5. CONSIDER AWARDING BIDS - MC CABE ROAD WATER AND SANITARY SEWER LINE EXTENSIONS-AND APPROPRIP,TI'ON OF FUNDS FROM THE WATER SEWER IMPROVEMENT FUND - Motion by Commissioner Tomerlin, seconded. by Commissioner Kibodeaux to award the bid for the McCabe Road Water and Sanitary Sewer Line Extensions to the low bidder, McKey Construction and Equipment, Inc., in the amount of $89,308.50 and appropriate said amount from the Water/Sewer Improvement Fund. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. + + + 6. CONSIDER APPROVING PROPOSED ORDINANCE N0. 705-J - ORDINANCE AMENDING SUBDIVISION ORDINANCE REGARDING STREET LIGHT CHARGES - Mayor Meza stated that Mr. H. P. Pfeiffer had asked to address the Commission. Mr. Pfeiffer was recognized and reiterated how street light charges were originated and asked that the Commission give consideration before they increased the charges for street • • • Regular Meeting 3/21/79 6. CONSIDER APPROVING PROPOSED ORDINANCE N0. 705-J (CONTINUED) 3 lights, until the study had been completed by Texas A & M for the complete revision to the Zoning and Subdivision Ordinances. After a brief discussion, motion by Commissioner Tomerlin, seconded by Commissioner Cline that this item be tabled for further study. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. + + + • 7. CONSIDER APPROVING UTILITY E'XTENSI'ON P,GREEMENT WITH P P G INDUSTRIES - The City Administrator stated that this agreement would be extending a sanitary sewer line on 16th Street to Chemetron. PPG Industries would bear the full cost with the provision for reimbursement if anyone should tie onto said line within the next ten years. Motion by Commissioner Kibodeaux, seconded by Commissioner Simons to approve the utility extension agreement with P P G Industries. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. A copy of the agreement is attached and made a part of these minutes. + + + 8. CONSIDER GRANTING VARIANCE REQUEST~OF ST. MARY'S CHURCH FOR VARIANCE TO ALLOW A PORTABLE BUILDING TO BE USED TO OPERATE CLOTH'IN'G AND FURNITURE STORE - 816 PARK - After a brief discussion, motion by Commissioner Cline, seconded by Commissioner Simons to grant a variance to St. Mary's Church to allow a portable building to be used to operate a clothing and furniture store, as recommended by the Planning and Zoning Commission. A copy of the recommendation is attached and made a part of these minutes. Motion carried by the following vote: AYES: Commissioners Kibodeaux, Cline, and Simons. • NAYS: Commissioner Tomerlin Just before the end of the meeting, Commissioner Tomerlin clarified his nay vote. A vote was not called for for nays. He stated he had reservations about allowing the building variance because it was out of compliance with the regular ordinance. • i • • Regular Meeting 3/21/79 4 9. CONSIDER GRANTING VARIANCE REQUEST FOR SET BACK LINES FOR CAR PORT FOR 422 S. 1ST STREET - BLOCK 11, LOTS 17, 18, AND 19, LA PORTE ADDITION - DOYEL WESTERGREN - Commissioner Kibodeaux moved to allow a variance to allow an apron or overhang of the car port on City property. Motion died for lack of a second. Motion by Commissioner Cline, seconded by Commissioner Simons to accept the recommendation of the Planning and Zoning Commission to allow a variance to permit Mr. Westergren to erect the car port, with the exception that it not extend past the property line. A copy of the recommendation is attached and made a part of these minutes. Motion failed by the following vote: AYES: Commissioners Cline and Simons. NAYS: Commissioners Tomerlin and Kibodeaux. Mayor Meza voted nay to break the tie. The variance was denied. + + + • 10. CONSIDER APPROVING JOINT VENTURE WITH M. D. ROSE FOR EXTENSION OF SANITARY SEWER LINE - SEABREEZE BLOCK OF BAYSHORE PARK - Motion by Commissioner Cline, seconded by Commissioner Tomerlin to accept the recommendation of the Administrator and approve a joint venture with Mr. M. D. Rose for extension of sanitary sewer line for Seabreeze Block of Bayshore Park. A copy of the recommendation is attached and made a part of these minutes. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. + + + 11. CONSIDER AUTHORIZING FORTY-TWO (42) STREET LIGHTS FOR FAIRMONT PARK, SECTION 4 - Motion by Commissioner Cline, seconded by Commissioner Simons to authorize forty-two street lights for Fairmont Park, Section 4, as presented by Houston Lighting & Power for approval. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. • + + + • • • Regular Meeting 3/21/79 5 12. CONSIDER ESTABLISHING POLICY RELATED TO CHP,RGES FOR DISPOSAL OF TREE TRIMMINGS - The Administrator read the proposed policy related to charges for disposal of tree trimmings. A copy is attached and made a part of these minutes. Motion by Commissioner Kibodeaux, seconded by Commissioner Tomerlin to establish the policy related to charges for disposal of tree trimmings governing the size, placement, disposal, and cost related to the collection of 'tree trimmings.' "amounts that exceed the one (1) cubic yard as defined in Section 12-6 of the Code of Ordinances of the City of La Porte will be collected and disposed of by the City at no additional charge to the property owner provided (1) that the tree trimmings shall not exceed six (6) inches in diameter nor be longer than six (6) feet in length; and (2) that the tree trimmings shall be placed on the curb in a neat and orderly manner. The term "tree trimmings: as used in this policy shall not include building or construction material and/or tree limbs that exceed six (6) inches in diameter and/or six (6) feet in length. This policy is specifically limited to "tree trimmings" and in no manner includes any other matter identified and/or implied • in Paragraph 5, Section 12-1 of the Code of Ordinances of the City of La Porte. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. + + + 13. CONSIDER RATIFYING AMENDMENT TO FP,IRMONT PARK HOMES ASSOCIATION GARBAGE CONTRACT - Motion by Commissioner Tomerlin, seconded by Commissioner Kibodeaux to ratify amendment to the Fairmont Park Homes Association Garbage Contract. A copy of the amendment is attached and made a part of these minutes. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. + + + • • • Regular Meeting 3/21/79 6 14. CONSIDER AUTHORIZING ADVERTISING AND ACCEPTING BIDS TO BE RECEIVED ON APRIL 18, 1979, AT 7:OO P.M., FOR REPAIRS TO MUNICIPAL SWIMMING POOL - Motion by Commissioner Tomerlin, seconded by Commissioner Cline to authorize advertising and accepting bids to be received on April 18, 1979, at 7:00 P.M., for repairs to the Municipal Swimming Pool. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. + + + 15. CONSIDER AUTHORIZING ADVERTISING AND ACCEPTING BIDS TO BE RECEIVED ON APRIL 18, 1979, AT 7:03 P.M., FOR THE PURCHASE OF NEW MOSQUITO FOGGER - Motion by Commissioner Cline, seconded by Commissioner Simons to authorize advertising and accepting bids to be received on April 18, 1979, at 7:03 P.M., for the purchase of a new mosquito fogger. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. • NAYS: None. + + + 16. CONSIDER ACCEPTANCE OF UTILITIES IN FAIRMONT PARK SECTION 4, WEST - The Administrator read a recommendation for formal acceptance of utilities in Fairmont Park West, Section IV, stating that all inspections have been made in an acceptable manner in accordance with the approved plans and specifications. He further stated that since writing his recommendation that the water test reports had been received and were acceptable. Motion by Commissioner Kibodeaux, seconded by Commissioner Cline to approve and formally accept the utilities in Fairmont Park Section 4, West. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. + + + • • • Regular Meeting 3/21/79 7 17. CONSIDER APPROPRIATING $5,OOO.DO,FROM GENERAL-FUND CONTINGENCY TO FUND THE CITY'S 50$ PORTION OF TEXAS AERONAUTICS GRANT FOR NON-DIRECTIO AL BEACON - T e Administrator stated t at t e necessary grant forms had not yet been received and asked that this item be tabled. Motion by Commissioner Tomerlin, seconded by Commissioner Simons that .appropriating of $5,000.00 from the General Fund Contingency to fund the City's 50$ portion of Texas Aeronautics Grant for the non-directional beacon be tabled for further study. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. + + + 18. ADMINISTRATIVE REPORTS - The Administrator spoke to the Commission regarding a proposed time schedule related to the bond program. A copy of the memo is attached and made a part of these minutes. • The Administrator requested an executive session to discuss land acquisition and personnel. + + + 19. COUNCIL ACTION - COMMISSIONER TOMERLIN stated that he wished to mention that on Item 8, Variance for St. Mary's Church, a nay vote was not called for. Commissioner Tomerlin stated that he voted 'hay". He further clarified his "nay" vote by saying he had reservations because the building was out of compliance of the regular zoning ordinance. MAYOR MEZA stated he had received a letter from a citizen complementing Cecil Money. MAYOR MEZA further stated that he had received a telephone call from John Garrett of the Texas Water Resources indicating E.P.A. approval of our grant. However, we have not received written confirmation; and funding for Step III is expected in July. + + + • • • Regular Meeting 3/21/79 8 20. EXECUTIVE SESSION - V.A.T.S. - ARTICLE 6252-17 - SECTION 2 - (E), (F), AND (G) - (LEGAL,~LAND ACQUISITION AND PERSONNEL) - Motion by Commissioner Kibodeaux, seconded by Commissioner Tomerlin that the meeting recess for an executive session. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. The meeting recessed at 7:38 P.M. The meeting reconvened at 8:30 P.M. + + + 21. ADJOURNMENT - Motion by Commissioner Simons, seconded by Commissioner Kibodeaux that the meeting adjourn. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. • NAYS: None. The meeting adjourned at 8:31 P.M. 0 Margie oyen, C y Clerk PASSED AND APPROVED THIS the 4th day of April, 1979 ,--- J. J. Meza, Mayor • • BID' TABULATION EQUIPMENT - 1978-79 BUDGET WATER & WASTEWATER DEPARTMENT 1 - AIR COMPRESSOR AND ACCESSORIES HI-WAY EQUIPMENT CO., INC. P. O. Box 14174 Houston, Texas 77021 $ 11,817.50 EMBRY ENGINE & EQUIPMENT CO. 5719 Clinton Drive Houston, Texas 77020 $ 8,950.00 POWER IGNITION COMPANY 6606 Long Drive Houston, Texas 77087 $ 11,579.00 TRECO, INC. P. 0. Box 9548 Houston, Texas 77011 $ 8,299.40 2 - 1/2 TON PICKUPS • JAY MARKS CHEVROLET P. O. BOX 1118 La Porte, Texas 77571 $ 5,064.46 ea. NORMAN FREDE CHEVROLET 16801 Feathercraft Lane Houston, Texas 77058 $ 5,025.66 ea. HUGH WOOD FORD 1801 Decker Drive Baytown, Texas 77520 $ 5,303.85 ea. VINSON BAYTOWN DODGE 2800 Market Street Baytown, Texas 77520 $ 4,931.07 ea. 2 - 3/4 TON PICKUPS JAY MARKS CHEVROLET P. O. Box 1118 La Porte, Texas 77571 $ 5,7.37.39 ea. NORMAN FREDE CHEVROLET • 16801 Feathercraft Lane Houston, Texas 77058 $ 5,5,18.43 ea. March 14, 1979 • BID TABULATION EQUIPMENT - 1978-79 BUDGET • WATER & WASTEWATER DEPARTMENT (CONTINUED) 2 - 3/4 TON PICKUPS HUGH WOOD FORD 1801 Decker Drive Baytown, Texas 77520 $ 5,823.51 ea. VINSON BAYTOWN DODGE 2800 Market Street Baytown, Texas 77520 $ 5,922.27 ea. PARKS & RECREATION DEPARTMENT 1 - 1/2 TON PICKUP JAY MARKS CHEVROLET P. O. Box 1118 La Porte, Texas 77571 $ 4,911.70 NORMAN FREDE CHEVROLET 16801 Feathercraft Lane Houston, Texas 77058 $ 4,830.80 HUGH WOOD FORD 1801 Decker Drive Baytown, Texas 77520 $ 4,951.89 • VINSON BAYTOWN DODGE 2800 Market Street Baytown, Texas 77520 $ 4,821.19 INSPECTION DEPARTMENT 1 - 1/2 TON PICKUP (COMPACT) JAY MARKS CHEVROLET P. O. Box 1118 La Porte, Texas 77571 $ 5,299.95 NORMAN FREDE CHEVROLET 16801 Feathercraft Lane Houston, Texas 77058 $ 5.183.80 HUGH WOOD FORD 1801 Decker Drive Baytown, Texas 77520 $ NO BID VINSON BAYTOWN DODGE 2800 Market Street Baytown, Texas 77520 $ NO BID C 2 March 14, 1979 • BID TABULATION • EQUIPMENT - 1978-79 BUDGET GARAGE/MOTOR POOL DEPARTMENT 1 - 1/2 TON PICKUP JAY MARKS CHEVROLET P. O. Box 1118 La Porte, Texas 77571 $ 4,729.92 NORMAN FREDE CHEVROLET 16801 Feathercraft Lane Houston, Texas 77058 $ 4,274.52 HUGH WOOD FORD 1801 Decker Drive Baytown, Texas 77520 $ 4,458.44 VINSON BAYTOWN DODGE 2800 Market Street Baytown, Texas 77520 $ 4,237.47 POLICE DEPARTMENT • 4 - 4-DOOR SEDANS (POLICE PACKAGE) JAY MARKS CHEVROLET P. O. Box 1118 La Porte, Texas 77571 $ 6,604.93 NORMAN FREDE CHEVROLET 16801 Feathercraft Lane Houston, Texas 77058 $ 6,747.16 HUGH WOOD FORD 1801 Decker Drive Baytown, Texas 77520 $ NO BID VINSON BAYTOWN DODGE 2800 Market Street Baytown, Texas 77520 ~$ 5,937.93 3 • March 14, 1979 BID TABULATION • EQUIPMENT - 1978-79 BUDGET STREET DEPARTMENT 1 - TRACTOR AND SLOPE MOWER LANSDOWNE-MOODY CO., INC. 8445 I-10 East Freeway Houston, Texas 77029 $ 20,595.57 CASE POWER & EQUIPMENT 5935 Griggs Road Houston, Texas 77023 $ NO BID PLAINS MACHINERY COMPANY 15200 1-45, Box 2089 Houston, Texas 77001 $ NO BID 1 - ROAD GRADER HYCO EQUIPMENT, INC. 7630 Hansen Houston, Texas 77061 $ 53,405.00 • PLAINS MACHINERY COMPANY 15200 1-45, Box 2089 Houston, Texas 77001 $ 55,549.00 1 - LOADER/BACKHOE LANSDOWNE-MOODY CO., INC. 8445 I-10 East Freeway Houston, Texas 77029 $ 21,350.00 CASE POWER & EQUIPMENT 5935 Griggs Road Houston, Texas 77023 $ 20,340.00 JIM BALL INTERNATIONAL 3300 North Main Street Baytown, Texas 77520 $ 23,050.00 HYCO EQUIPMENT, INC. 7630 Hansen Houston, Texas 77061 $ 19,896.00 PLAINS MACHINERY COMPANY 15200 I-45, Box 2089 • Houston, Texas 77001 $ 19,797.00 4 March 14, 1979 • BID TABULATION • EQUIPMENT - 1978-79 BUDGET STREET DEPARTMENT (CONTINUED) 1 - 2 1/2 TON DUMP TRUCK/DUMP BODY JAY MARKS CHEVROLET P. 0. BOX 1118 La Porte, Texas 77571 $ 12,952.01 JIM BALL INTERNATIONAL 3300 North Main Street Baytown, Texas 77520 $ 13,673.20 HUGH WOOD FORD 1801 Decker Drive Baytown, Texas 77520 $ 13,359.23 1 - ASPHALT D'I'STRIBUTOR/TRUCK HY-WAY EQUIPMENT CO., INC. 3860 South Loop East P. O. Box 14174 Houston, Texas 77021 $ 36,741.00 • PORT CITY FORD 3625 Eastex Freeway Houston, Texas 77026 $ 32,213.40 SANITATION DEPARTMENT 20 - 3-YARD CONTAINERS 10 - 2-YARD CONTAINERS INDUSTRIAL DISPOSAL SUPPLY CO. P. O. Box 94172 Houston, Texas 77018 ASTRO TRUCK SALES 1229 West 34th Street Houston, Texas 77018 • $ 6,777.00 $ 8,720.00 5 March 14, 1979 r • • BID TABULATION MC CABE ROAD WATER AND SANITARY SEWER LINE EXTENSIONS BIDDER AMOUNT DAVID WIGHT CONSTRUCTION CO. & DAVID WIGHT A JOINT VENTURE P. 0. Box 86 Friendswood, Texas 77546 $108,311.50 TEXAS STERLING CONSTRUCTION, INC., & E. P. BRADY, INC., JOINT VENTURE 922 W. Greens Road, Suite 212 Houston, Texas .77067 $112,908.50 MC KEY CONSTRUCTION & EQUIPMENT P. O. Box 9 La Porte, Texas 77571 $ 89,308.50 R. T. BISHOP CONSTRUCTION P. 0. Box 961 • Baytown, Texas 77522 $123,430.80 BEN FELTS UTILITY CONTRACTING P. 0. Box 1249 Pearland, Texas 77581 $ 98,507.61 STEELE CONSTRUCTION CO. P. O. Box 12383 Houston, Texas 77017 $ 97,282.70 • March 14, 1979 • • B~~.J~1 1, HUTCHISON & ASSOCIATES II V~. CONSULTING ENGINEERS 1107 FLEETWOOD DRIVE BAYTOWN, TEXAS 77520 . PHONE (713) 422-8213 X011 SAN JACINTO, SUITE 108 HOUSTON, TEXAS 77004 (713) 323-2367 March 20, 1979 Honorable Mayor and City Commission City of La Porte P. 0. Box 1115 La Porte, TX 77571 CONTRACT AWARD RECOMMENDATION - WATER AND SANITARY SEWER LINE EXTENSIONS ON McCABE ROAD On Wednesday, March 14, 1979 a total of six bids were received on the referenced project. The bids ranged from a low bid of $89,308.50 to a high bid of $113,409.20. We feel the bids were very reasonable and we recommend the contract be awarded to the low bidder, Mc Key Construction and Equipment, Inc. 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Ql ~ c-F fL J --r O O O O O G O ~ (D O O O O O• ~ ct f2o C . ~ .~ .~ .~ m N W_ O .n O C7 ORDINANCE NO. 705- AN ORDINANCE AMENDING ORDINANCE NO. 705 (AN ORDINANCE PROVIDING RULES AND REGULATIONS GOVERNING THE PLATTING OR RE-PLATTING OF LAND IPJ THE SUBDIVISIONS IN THE CITY OF LA PORTS AND WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF LA PORTS); AND PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEPIED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT LESS THAN TEN DOLLARS ($10.00) NOR MORE THAN TWU HUNDRED DOLLARS ($200.00); PROVIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTS: Section 1. Section 11.05 of Ordinance 705 is hereby amended to read as follows: "11.05 STREET LIGHTING. Street lighting at all street inter- sections an cul-de-sacs shall conform to the latest edition of the Illuminating Engineering Society Handbook. Round tapered standards with bracket arms shall be used. Lighting levels are recommended for very light traffic, medium traffic on feeder streets, and heavy traffic on thoroughfares. Street lighting shall be provided upon all other streets of the subdivision, but need not conform to the light intensity requirements of the said Illuminating Engineering Society Handbook, at points within the subdivision other than street intersections and cul-de-sacs. "It is the present policy of the Houston Lighting and Power Company to accept orders only from the City for electric street lights to be installed within the city limits. Accordingly, the developer or owner of the land to be subdivided, or land which has been subdivided, within the city limits, shall make applica- tion for electric street lights to the City. Such application shall be accompanied by a copy of the plat of the subdivision, showing thereon the requested location(s) of the electric street lights. The application shall also be accompanied by the develo- per's or owner's payment to the City of the sum of Two Hundred Eighty-eight Dollars ($258.00) for each requested electric street light, to reimburse the City for the operational cost of the street light for the first five (5) years. Upon approval of the location of the street light locations by the City Engineer, the • City will place an order for the installation of the electric street lights with Houston Lighting & Power Company. "Owners or developers of land situated outside of the city limits may continue to deal directly with Houston Lighting & Power Company for street light installation." Section 2. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordi- • nance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared to be the intention of this City Commission to have passed each section, sentence, phrase or clause, or part C~ Ordinance No. 705- Page 2. thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. 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, and be punishable accordingly. Section 4. 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 21st day of riarch, 1979. CITY OF LA PORTE • By ATTEST: City Clerk J. J. A1eza, Mayor • APPROVED: City Attorney • administration CITY OF LA PORTE INTEROFFICE MEMORANDUM T0: CITY ADMINISTRATOR DATE: FROM: CITY CLERK SUBJECT: STREET LIGHT INFORMATION MARCH 12, 1979 Attached for your consideration is a copy of a street light statement from Houston Lighting & Power Company for February, 1979. The average cost per street light for all street lights is $4.70 per month per light. 3300 Lumen Mercury Vapor Overhead Bracket Lights will vary from $2.50 to $7.50 per light plus fuel adjustment. 3300 Lumen Mercury Vapor Underground Standard Singles would be approximately $4.00 per light plus fuel adjustment. Fuel Adjustments will vary from $1.21 to $3.61 per light per month, depending on amount of kilowatts used. One light, 20,000 Single Underground: $ 7.50 Kilowatts 2.68 Fuel Adjustment $10.18 per light per month The higher the bill, the lower the Fuel Adjustment. For the month of February, 1979, for 628 lights, the bill was $2,956.09, making an overall average street light cost $4.70. As you are aware, the Subdivision Ordinance states that the developer must pay $30 per light, five years in advance. That would be $150.00 each. At an average cost of $4.70 per light x 12 months = $56.40 per year x 5 years = $282.00 estimated cost at todays charge; and the developer has paid $150.00. The City has to pay an additional $132.00 per light, above the developers cost. • HOUS~N L IGI-~T ING 6 POWER COMPAN~ PAGE 1 S T R E E T L I G H T B I L L I N G S T A T E M E N T BILL DATEC2/20/79 ITY LA PORTE ACCOUNT - 767861 ~ 0 1],15 RAG - 076 FROM - 02/01/79 A PORTE TX ?7571 RATE - SPL TD - 02/28/79 - - - - - - - - - NUMBER BILLING - - - - - - - - - - - - - - GAILY BILLING MONTHLY - - - - - - BILLING - - - - - - - - - - - EFFECTIVE LAMPS DAYS CHARGE MONTHS CHARGE AMOUNT ACTION GATE 3,3!]0 LUMEN MERCURY VAPOR OVERHEAD BRACKET -247 1 2.500 617.50 FUEL ADJ .10,621 KWH a .016989 ~18fl.44 3,30D LUN.EN MERCURY VAPOR UNDERGROUND STANDARD SINGLE 306 ~ 1 4.GC0 FUEL ADJ 13,158 KWH bl .016989 ?,SDO LUMEN MERCURY VAPOR OVERHEAD BRACKET 6 ~ 1 2.750 FU AOJ 432 KWH ~ .016989 O,OOfl LUMEN MERCURY VAPGR OVERHEAD BRACKET 30 1 4.250 FUEL ADJ 4,740 KWH a .016989 1 8 .23973 1 4.250 FUEL ADJ 200 KWH a .016989 1, 224.00 22 3.54 16.50 7.33 43 KWH/LAMP/MO 43 KWH/LAMP/MO 72 KWH/LAMP/MC Z27.SD 80.52 158 KWH/LAMP/MO 5.3? INSTALL Ob/24/79 3.35 158 KWH/LAMP/MC 0,000 LUMEN MERCURY VAPOR OVERHEAD STANDARD SINGLE 3 1 6.250 18.75 FUEL ADJ 4?4 KWH a .G16989 8.05 158 O,ODO LUMEN MERCURY VAPGR UNDERGROUND STANDARD SINGLE 35 1 ?.SOD 262.50 FUEL ADJ 5, KWH a .016989 93.94 158 • CtE~EId/IED FED ~ ~ sJ~.~ KWH/LAMP/MC KWH/LAMP/MO HOUSTO~IIGF:TING E POWER COMPANY PAGE 1 S T R E E T l I G H T B I L L I N G S T A T E M E N T. BILL DATEC2/20/79 Y ~LA PORTE ACCOUNT - 767861 ~ BOX 1115 RAC - 076 FRGM - 02/01/79 PORTE TX 77571 RATE - SPL TO - 02/28/79 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - NUMBER BILLING DAILY BILLING MONTHLY BiLLiNG EFFECTIVE LAMPS DAYS CHARGE MONTHS CHARGE AMOUNT ACTIC'N GATE 300 LUMEN MERCURY VAPOR OVERHEAD BRACKET - 247 1 2.5D0 617.SD UEL ADJ 10,621 KWH a .016989 X180.44 300 LUMEN MERCURY VAPOR UNDERGROUND STANDARD SINGLE 306 1 4.GC0 1,c-24.00 UEL ADJ 13,158 KWH a .016989 223.54 500 LUMEN MERCURY VAPOR OVERHEAD BRACKET 6 1 2.750 16.50 UE ~DJ 432 KWH a .D16989 7.33 000 LUMEN MERCURY VAPOR OVERHEAD BRACKET 30 1 4.250 UEL AOJ 4,740 KWH a .0169$9 1 8 .1397.3 1 4.250 UEL ADJ 200 KWH 1 .D169$9 43 KWH/LAMP/MO 43 KWH/LAMP/MO ?2 KWH/LAMP/MC 12 7. SD 80.52 15B KWH/LAMP/MO 5.3? INSTALL 01/C4/79 3.35 158 KWH/LAMP/MC ADO LUMEN MERCURY VAPOR OVERHEAD STANDARD SINGLE 3 ~ 1 6.250 18.75 JEL ADJ 474 KWH a .G16989 8.05 15B KWH/LAMP/MC HOC LUMEN MERCURY VAPOR UNDERGROUND STANDARD SINGLE 35 1 7.SC0 262.50 -EL ADJ 5, KWH a .D16989 93.94 ~ • CtECEIVED 158 KWH/LAMP/MO LJ • r ~.. r .._ r.. ~. INDUSTRIES <. PPG INDUSTRIES, INC./ONE GATEWAY CENTER/PITTSBURGH, PENNSYLVANIA 15222/AREA 412/434-2478 Mr. Karl Mesloh PPG Industries, Inc. Specialty Products Unit 1901 Avenue H & 16 Street La Porte, TX 77571 Dear Karl: March 5, 1979 JOHN J. HORGAN, Senior Attorney Attached are three copies of an agreement between PPG and the City of La Porte relating to the extension of sanitary sewer lines by the City to PPG. Mr. Harris has signed the documents, and they have been attested. Please furnish them to the City for their execution, retaining at least one agreement signed by both parties for PPG. That original should be sent.to T. Z. Korsak, Esquire at General Office for filing in PPG's Archives. If.you have any questions, please let me know. Very truly yours, J JJH/mr Attachment s cc: Messrs. W. R. }iarris ® E. T. Huff T. 7.. Korsak J. P. Luvisi R. J. 2.ellner \ , . -.~ ~ / :~ ;,~ ~;. Johri J. Horgan Z ~ ,.~;-L Senior Attorney ~~ • l ~ _.. ~ ,__ C~ UTILITY L'XTENSION AGREEMENT THE STATE OF TEXAS ) COUNTY OF 11AKRIS ) • This agreement, made this • day of 19 by and between the City of La Porte, herein called "City" acting herein through its and PPG INDUSTRIES, INC., a Pennsylvania corporation duly authorized to transact business in the State of Texas, having its principal office in the City of Pittsburgh, County of. Allegheny, and Commonwealth of Pennsylvania, hereinafter called "Owner." WITNESSETIL~ (1) All reference to "Utility Main(s)" hereunder shall, for the purposes of this agreement, refer to sanitary sewer, (2) Owner is the owner of certain property in the City of LaPorte, llarris County, Texas, identified as an irregularly shaped parcel of land abutting on the west line of the 16th Street having a frontage thereon of 1,340.00 ft. and extending in a westerly direction for a distance of 938.00 ft.; comprising of three continuous tracts of land identified as follows: Tract I: 10.896 acres, more or less, out of Richard Pearsall Survey, in llarris County, Texas, being all of a 28 acre tract described in Deed recorded in Vol. 2750, Page 17, ® Deed Records of Harris County, Texas, from Joseph Allen Tennant, et al, to S. [J. Chemica]_ Co., excepting therefrom a tract of land conveyed by S & W Chemical Company to Builders Supply Co., by Deed dated Nov. 23, 1955, recorded in Vol. 3078, Page 357, Deed Records of Harris County, Texas; Tract II: All of 131ocks 833, 834, 859, 860, 869, and 870 of the Town of La Porte, accor.cling to the Plat thereof: recorded in Vol. 58, Page 461, of Deed Records of Harris County, Texas; • Tract III: All these portions of 17th Street, West 8th Street and West- G Street, and all of the alleys located within Tract 1.I described above that have been vacated by Ordinance ~{1071 • of the City of La l'or.te, passed and approved on the 5th day of Play 1975, and recorciecl in the Office of the County Cleric of Ilarris County, 'f.exas, oil June 12, 1975, as Record 122-04-0744. • • Reference hereby being made to all of~the above mentioned in- struments, which instruments are hereby incorporated by reference. City's utility mains do not presently extend to said property. Owner has re- quested 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/tllru City of La Porte rights-of-way alld/or easements ,to said Owner's property. Pro- vided, 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 construction and installation of said line(s) including necessary appurtenances in con- formance 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) accord- ing to the plans and specifications to be prepared by the City's engineer. Prior to City authorizing the City's engineer. to prepare plans and speci- f cations O~oner wi_11 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 estimated 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. Tallen bids are received they shall be tabulated by the City and a copy of said tabulation shall be provided to Owner. Thereafter, 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. ldhen said deposit leas 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 abaft 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 herein, City agrees to begin the preparation of eng struction specifications for said extension(s), and • thereof as soon as the same may be let for contract shall require the contractor under such contract to construction of the project to completion. compli.allce with terms ineerillg plans and con- t0 begin COI1StrUCtiOl1 as herein provided. City diligently pursue the (8) In the event- that other owners of property abut-ti.ng the line(s) extended by Owner. under this contract, as shown on the plat attached hereto as Iixhibat A Ind incorporated by ref:cr.ence herein, shall utilize the extended la.ne(s) con:;tructed under this agreement, by making; connection thereto under a perm:t.t Lr.om City withl.n a per:i_od of: ten (10) years from and after. the date City llas accepted the construct:f.on 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 WHEREOF, the Parties to those 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 Secretary (Seal) a ATTEST: A.s~istant Secretary Approved as to Form: City Attorney) By Title PPG INDUSTRIES, INC. Vice President One Gateway Center Pittsburgh, PA 15222 • Administration CITY OF LA PORTE INTER-OFFICE MEMORANDUM T0: MAYOR & CITY COMMISSIONERS DATE: MARCH 12, 1979 FROM: PLANNING & ZONING COMMISSION PAT MUSTON, CHAIRMAN SUBJECT: REQUEST OF ST. MARY'S CHURCH FOR A VARIANCE TO ALLOW A PORTABLE BUILDING TO BE USED TO OPERATE A CLOTHING AND FURNITURE STORE - 816 PARK AVENUE The Planning & Zoning Commission recommends that the attached resolution be approved to allow a special exception for the placement of an accessory building at 816 Park Avenue. This resolution would limit use to the charitable distribution of goods. We feel that such use is in keeping with church property. Respectfully, ~u~~~ex~'y'~ • Pat Muston ~~ PHOHC A/~C 7~13~A71.2000 •^' • St. 1Vlary's Church 816 PARK AVENUE LA PORTE, TEXAS 77571 October 6, 1978 Mrs. Margie Goyen Planning Commission Board City of La Porte La Porte, Texas 77571 Dear Mrs. Goyen: This letter is for the purpose of giving the Planning Commission a written request to make a special restriction variance to allow St. Mary's St. Vincent de Paul Society of La Porte to operate a used clothing and furniture store on St. Mary's Church Property located at 816 Park Ave. Please note, on the enclosed sketch, the location of the a~~ea that we are talking about. We also wish to purchase a new 14' x 40' metal portable building and locate it in the area marked "new building". The St. Vincent de Paul Society is anon-profit organization designed to give moral, spiritual and material help to the poor in the La Porte area. All funds raised or donated to it remain with St. Vincent de Paul. We take the money and help the area poor and needy by paying their rent, utilities, food, donate clothing, etc., without regard to race, creed, color or financial status. None of t}ie funds go toward financial assistance of St. Mary's Church. Over the past 7 years we have helped the La Porte Area needs to the tune of over $25,000. If you have any questions r~:garding this request, please give me a call at my office, 869-8331. Yours Truly, Richard Florance Px~esidcnt St. Vincent de Paul Society St. Mary's Ctlurch ', • u -. ~.-- i s, . c :~ G3 c~ 4~ 'd A~ d d' I O ,' .~ •. -~. G 4 ~ C~ d J d I V` ~- ' 1 ~ ~ (. ., .~ . "~~ I s. L I~ ~ ~ 1 -, 1 --- --- 4\ ~ \'~. f 1._. ...... 1 s .... . , ~, `:.. _ . ~~,, ~ ,~ ;. #: { ~:.~ .' ~ ~ ~ .J- __.. ____... ~ ~ ~ __~. i i ~) 7 4 i ~. ; I ...._. i ~ } ~ ~. ,~ j °' Y t a ~~ ~ ~ ~ ' ~ _ ~ ,--- i ~ivan~ oy ash w6 jv j ~ 6 : -. ~~+/ ~-~S Lem /'~~C1+T1,~ i ~. ..~`,, j~~ ' ~ ~y ~. . .,\ ~ .. ~~ J ~~~ J 6 • • U • KNOX W. ASKINS, J. D. ATTORNEY AT LAW 702 W. FAIRMONT PARKWAY P. O. BOX 1216 LA pORTE, TEXAS 77571 pAlt. J. HAMILTON, J. D. ' ASSOCIATE December 5, 1978 Planning and.Zoning Commission Pat Huston, Chairman City of La Porte La Porte,7~.exas 77571 Re: St. tdary's Church proposed portable building Dear Mrs. Huston: TELEPHONE 713 A71•IB86 The application of St. Mary's Church to erect a prefabricated building at 816 Park Aveune, to be used for charitable dis- tribution of goods runs afoul of two provisions of the. City's Zoning Ordinance 780, those being the nature and placement of the building and the use thereof. The building is to be a prefabricated accessory building, in which no one will live. The placement of such as proposed by the Church would be in violation of Section 13-201(8) of the Zoning Ordinance, in that it would not be located 75 feet from the front property line. This problem may be cured by a special exception under Section 1G-201(1), concerning modification of the required yard area and spacing. • The intended use, charitable distrubution of goods, is a use which is not specifically allowed in R-1 districts. Section 13-201(3), speaking of Churches and their uses, does not specifically list such as a valid Church function and it is not listed as a use which is exclusive to types of districts other than R-1. Section 1G-201(6} provides for tYzc determination of classifications not specifically named in the Ordinance. In this case, such determination should include a finding that tlic proposed use is in keeping with the uses specifically named in the regu]_ations for the R-1 district. If it is the policy of. the City that such a use should be allowed ,•a holding that charitable distribution of goods, where such is clearly anr.illary to the main function of- the Church property, is izi keeping with the uses of Cl1Uy"ell property specifically named i.n the R-1 regulation::>, would be appropriate in order to allow this use. • • • ~~ Pat Muston December 5 City of La Porte Page 2 Should the Commission decide that granting the request of St. Mary's is proper and desirable, the needed action may be accomplished by the enclosed resolution or by similar • action. . If you have further questions in this matter, please let me know if I may be of assistance. Yours very truly, ~~~~~~ Gail J. Hamilton GJH:bl cc: Mr. Jim Hudgens City Administrator Hon. Mayor and City Commissioners City of La Porte • • RESOLUTION NO . %' '- -~~-' A RESOLUTION ALLOWING A SPECI~,L E}:CEPTION FOR THE PLACEMENT OF AN ACCESORY BUILDING AT 816 PARK AVENUE; AND FINDING THAT " CHARITABLE DISTRIBUTION OF GOODS" IS A USE IN KEEPING WITH THAT OF CHURCH PROPERTY. WHEREAS, this Commission has determined that the charitable distrubution of goods is a use reasonably. contemplated for Church property; and WHEREAS, Zoning Ordinance 780-lists Churches as an appro- priate use within the R-1 District; Now therefore: BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF LA PORTE, TEXAS: THAT, St. Mary's Church is hereby granted a special ex- • ception under Section 16-201(1) of Zoning Ordinance 780 to place a prefabricated accessory building as near as ;~,5 feet to the front yard line at 816 Park Avenue; and THAT, this Commission hereby finds under Section 16-201(6) that the "charitable distribution of goods", where such is clearly ancillary to the main function of Church property, is in keeping with the uses of Church property specifically named in the R-1 regulations. PASSED AND APPROVED this ~ v day of C ~(/ 19~ j PLANNING AND ZONING COMMISSION OF THE CITY OF LA PORTE ~ By : f 2u. ' ~~ AT MU TON, Chairman ATTEST: • - S ~ ry i • 422 South First Street LaPorte, Texas 77571 March 15, 1979 Mr. Jim Hudgens City Manager P. 0. Box 1115 LaPorte, Texas 77571 Dear Mr. Hudgens: Please consider my request for a variance for a car port as per the attached sketch. • The centers of the two posts in question will be 24 feet from the road bed. Please have an open mind when viewing the location, distance from the road bed, existing trees, existing telephone pole, possible usage of "D" Street in the future, the quick removal of this structure, if necessary, etc. Thank you for your consideration at the work shop in getting this on the agenda for your next meeting. Very truly yours, Doyle Westergren DEW/med attachment • 1 _~ . `Y • Administration CITY OF LA PORTE INTEROFFICE MEMORANDUM T0: MAYOR & CITY COMMISSIONERS DATE: MARCH 12, 1979 FROM: PLANNING & ZONING COMMISSION PAT MUSTON, CHAIRMAN SUBJECT: REQUEST FOR VARIANCE OF SET BACK LINES FOR CAR PORT FOR 422 S. 1ST STREET - BLOCK 11, LOTS 17, 18, & 19, LA PORTE ADDITION - DOYLE WESTERGREN The above property is located at the corner of 1st and "D" Streets, and presently has a garage facing "D" Street. This garage is a pre- existing non-conforming use in that it extends to the property line on "D" Street. Mr. Westergren is requesting permission to build an open car port attached to the side of the garage, but extending approximately two feet onto City property on "D" Street, past the present garage. The Planning & Zoning Commission recommends allowing a variance to permit Mr. Westergren to erect the car port, with the exception that it not extend past the property line. • Respectfully, Pat Muston ~~~/ • • • 1 2 3 ~F S G 7 8 9 10 11 12 13 14 . . 1S 1G , C~ 32 • 31 30 29 28 27 . 2G 2S 24 23• 22 21 • 20 • 19 ~ Y 17 c ~' • ~ .~ J • MEMORANDUM • March 14, 1979 TO: Mayor and Council FROM: J. R. Hudgens ~~ SUBJECT: Sanitary Sewer Extension for M. D. Rose M. D. Rose of 921 Seabreeze desires to extend a sanitary sewer line to serve lots 1-7 and 20-26 owned by him, delineated on the attached plat. The City has an existing line that serves a portion of the block (lots 14-19 and lots 8-13); however, the grade on the existing line is such that it cannot be extended. Two additional problems with the existing line are (1) it lies outside of the six (6) feet utility easement at the rear of the lots, and (2) it is an old concrete line that does not appear to be in very good condition. Because of the above conditions it is recommended that a new line be constructed to serve the entire block on a joint ven- ture with Mr. Rose. The City would pay for that portion of line • that would serve the lots that the existing line serves. Mr. Rose would pay for the remaining portion of the line. - The estimated pro rata shares and total cost of the line are as follows: City share M. D. Rose share 300' 8 in. PVC @ $8.00 ft. _ $2,400 325' 8 in. PVC @ $8.00 = $2,600 Engineering fee - 6$ of $2,400 = 144 Eng. fee - 6~ of $2,600= 156 2,54.4 2,756 City share $2,544 M. D. Rose share 2,756 5,300 It is recommended that the Cit 's share of this project be appropriated from the Water and ew mprovement Fund. i . Hudgens ity Administrator • JRH/cb Enc. • • 1 i • ~ ' ' ~ X .~ ~ Z o + i ~ ~ G ~' ~, ~ ~ , ~ Al ~ 74 ~ ~, ~ r ~ ~ Q \' L/'' ~J (_V R S~ .. ~_., :~ r _i _' .~. -~ L.~ ., • _----, RESE:F2VE ~. in N - N ~ Ui O O N ( N N U1 I ~ _ A I W UI I N N 01 I N -7 NO 5 I ~ °° ~ _ ~ _ ~ ~ ~ O I ~) ~. ( ~ _ N I N O ~ W ( 'A O tJ/Iys~Ol~ fi D~~ v~ \,.l :~ ~~ ~~ n LJ MEMORANDUM March 21, 1979 TO: Mayor and Council FROM: J. R. Hudgens SUBJECT: Tree Trimmings The Code of Ordinances of the City of La Porte, Chapter 12, Paragraph 5 of Section 12-1 defines the term trash as: "Trash. The term 'trash' shall mean rubbish, such as feathers, coffee grounds, ashes, paper, tin cans, rags, glass, broken dishes, boxes, old clothes and shoes; also grass trimmings, shrubs, yard cleanings, tree leaves, hedge trimmings, and tree limbs not to exceed six (6) inches in diameter and cut in lengths not ex- ceeding six (6) feet, and any other matter commonly understood to be trash." Section 12-6 of the Code defines the collection of trash as: • "The City Sanitation Department will pick up trash... ... of each month. Up to one cubic yard of trash will be picked up on each trash collection day without addi- tional charge. A charge of one dollar ($1.00) per cubic yard or fraction thereof, will be made for all trash picked up on each collection date from any one customer, in excess of one cubic yard. Customers desiring the removal of tree limbs in excess of six inches in diame- ter, or in excess of six feet in length, shall contact the Sanitation Department, which will have a supervisor contact the customer, examine the trash to be removed, and advise the customer of the cost for removing same. The cost shall be based on the City's actual cost of removal. The customer will be requested to sign an authorization ...... in advance." Pursuant to Council directive, the following is to further clarify City policy governing the size, placement, disposal, and cost related to the collection of "tree trimmings." Effective upon approval of Council by motion this 21st day of March, 1979, "tree trimmings" as identified in Paragraph 5 of Section 12-1 of the City of La Porte Code of Ordinances and in amounts that • ~ • Memorandum • March 21, 1979 Page 2 exceed the one (1) cubic yard as defined in Section 12-6 of the Code of Ordinances of the City of La Porte will be collected and disposed of by the City at no additional charge to the property owner provided (1) that the. tree trimmings shall not exceed. six (6) inches in diameter nor be longer than six (6) feet in length; and (2) that the tree trimmings shall be placed on the curb in a neat and orderly manner. The term "tree trimmings" as used in this policy shall not include building or construction material and/or tree limbs that exceed six (6) inches in diameter and/or six (6) feet in length. This policy is specifically limited to "tree trimmings" and in no manner includes any other matter tified and/or implied in Paragraph 5, Section 12-1 of e Cod of Ordinances of the City of La Porte. /~ J. Hudgens C' y Administrator • JRH/cb 0 RESOLUTION TO ACCEPT AN AMENDMENT TO SOLID WASTE AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE FAIRMONT PARK HOMES ASSOCIATION The Board of Directors of the Fairmont Park Homes Association does hereby resolve to accept a proposal by the City of La Porte, dated January 25, 1979, said proposal being to amend Section IV of the Solid Waste Agreement between the City of La Porte and the Fairmont Park Homes Association to .limit the City's liability for disposal costs. Specifically, the Board agrees to accept the amendment to Section IV of the Agreement as defined in the City's correspondence ~`'~ to the Fairmont Park Homes Association dated January 25, 1879, as follows: "The private hauler or haulers with which I'airmont enters into contracts, for garbage and refuse pick-up service in Fairmont Park Subdivision, shall dump and dispose of such garb age and refuse, at said hauler's own expense, at a sanitary land fill disposal ground of said haulers choosing, without any charge to City. In addition to the agreed payments under Paragraph III hereof, City shall also remit to Fairmont each month, as and for reinbursement for Fairmont's reasonable cost of disposal at a sanitary land fill disposal grounds, the amount of the charge by Harris County for the disposal of one cubic yard of compacted garbage, multiplied by Fairmont's "Total cubic yards per month" as determined by the following formula: NU - Number of housing units 3.2 - Average nwnber of persons per housing unit 3.5 - Average pounds of solid waste generated per. person per day DM - Days per monk;h -2- • 550 lbs. - %verage weight of a compacted cubic yard of solid waste T - Total cubic yards per month (NU x 3.2) (3.5) (DM) = T 550 It is understood that the factor "T" in the above computation shall be multiplied by the per cubic yard disposal fee charged by the Harris County landfill. It is further understood that this amendment applies only to the • routine disposal of ordinary household garbage and compacted refuse (currently performed by Genro Waste System), and does not apply to the disposal of cut tree limbs and other occasional large trash such as may be picked up in Fairmont Park by a separate private hauler (currently D. Merritt). The Board agrees that this Amendment be effective as of April 1, 1979, and thereafter during the life of the Solid Waste Agreement Contract dated March 1, 1971. WITNESS OUR HANDS as of this the 15th day of March, A.D. 1979• Jimmie R. pra ling Vice President, FPHA J ~~ry L Homick esid t, FPHA C l~ ` ~ , ' u~~ Sam Sailer; Secretary, )~'PHA e ~~'~`f~~~~~ ~~~ lidward M~ttuzr_ik, }~'PIIA ,- Bertha Cook; Treasurer, FPHA `-It~c~t.<rr~~Z'Z~- ~ ~~ ~G `LPL,.. r ~corg .tte 07_iver, I+'I'IIA {'1 A / _ C -l vyl~ ~ ~+1.t [ t i ~i~ru; , I~'l' 1I~- ~r n U C] MEMORANDUM March 19, 1979 TO: Mayor and Council FROM: J. R. Hudgens SUBJECT: Utilities in Fairmont Park West Section IV Final inspectior~ of the above referenced section of Fairmont Park have been made by R. L. Caldwell, Jack Boyd, and Ben Talburt. They report that the water lines, sanitary sewer lines, streets and storm drainage facilities along with their respective appurtenances have been completed in accordance with approved plans and specifications. The only items remaining are the disinfection test reports on the water lines. The staff is recommending for ceptance of the above facilities as soon as acceptabl /r sults are received. ,c-xr:'riuagens ity Administrator JRH/cb r~ LJ