HomeMy WebLinkAbout1980-07-16 Regular Meeting
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~ MINUTES - REGULAR MEETING
OF THE
LA PORTE CITY COMMISSION - LA PORTE, TEXAS
JULY 16, 1980
1. Meeting called to order by Mayor Meza at 7:00 P.M.
MEMBERS OF THE CITY COMMISSION PRESENT: Mayor J.J. Meza,
Commissioner John Tomerlin, Commissioner I.J. Kibodeaux,
Commissioner Virginia Cline, Commissioner Tom Simons, Com-
missioner Norman Malone.
MEMBERS OF THE CITY COMMISSION ABSENT: None.
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OTHER CITY OFFICIALS PRESENT: James R. Hudgens, City Admin-
istrator; Betty T. Waters, City Clerk; Knox Askins, City At-
torney; H.F. Freeman, Police Chief; David Paulissen, Code
Enforcement; Stan Sherwood, Parks & Recreation; Paul Hicken-
bottam, Fire Marshal; Joe Sease, Fire Chief; David Fetzer,
Financial Advisor.
OTHERS PRESENT: Jim Wyatt of Houston Lighting & Power; Weldon
Randall, Entex; Patt K. Mikowski, Bayshore Sun; and 7 interested
citizens.
2. The invocation was given by Commissioner Tomerlin.
3. MOTION WAS MADE BY COMMISSIONER TOMERLIN TO ACCEPT THE MINUTES
OF THE REGULAR MEETING OF THE CITY COMMISSION OF JUNE 18, 1980
AS PRESENTED, seconded by Commissioner Kibodeaux, motion carried
4-ayes and O-nays.
AYES: Commissioners Tomerlin, Kibodeaux, Cline and Simons.
NAYS: None
4. MOTION WAS MADE BY COMMISSIONER CLINE TO ACCEPT THE MINUTES
OF THE "CALLED EMERGENCY MEETING" OF THE LA PORTE CITY COM-
MISSION OF JUNE 23, 1980 AS PRESENTED, seconded by Commissioner
Simons, motion carried 4-ayes and O-nays.
AYES: Commissioners Tomerlin, Kibodeaux, Cline and Simons.
NAYS: None
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5. MOTIONS WAS MADE BY COMMISSIONER SIMONS TO ACCEPT THE MINUTES
OF THE "SPECIAL CALLED MEETING" OF THE LA PORTE CITY COMMISSION
OF JUNE 30, 1980 AS PRESENTED, seconded by Commissioner Tomerlin,
motion carried 4-ayes and O-nays.
AYES: Commissioners Tomerlin, Kibodeaux, Cline and Simons.
NAYS: None.
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Regular Meeting ~ 7116180
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6. The City Attorney read RESOLUTION NO.80~6, A RESOLUTION SUS-
PENDING RATE CHARGES PROPOSED BY HOUSTON LIGHTING & POWER CO.
A MOTION WAS MADE BY COMMISSIONER SIMONS TO ADOPT RESOLUTION
NO. 80-6, seconded by Commissioner Tomerlin, motion carried 4-
ayes and O-nays.
AYES: Commissioners Tomerlin, Kibodeaux, Cline and Simons.
NAYS: None.
7. The City Attorney read ORDINANCE NO.1218, AN ORDINANCE AUTHOR-
ING THE EXECUTION BY THE CITY OF LAPORTE OF INDUSTRIAL DISTRICT
AGREEMENTS WITH INDUSTRY WITHIN THE BATTLEGROUND INDUSTRIAL DIS-
TRICT. MOTION WAS MADE BY COMMISSIONER KIBODEAUX TO ADOPT ORDI-
NANCE NO.1218, seconded by Commissioner Cline, motion carried
4-ayes and O-nays.
AYES: Commissioners Tomerlin, Kibodeaux, Cline and Simons.
NAYS: None.
8.
Mayor Meza stated the sale of $3,850,000.00 in General Obligation
and Refunding Bonds, series 1980 must be tabled to another date.
At this time Mayor Meza called a special meeting for Wednesday,
July 30, 1980 at 7:00 P.M. Mayor Meza asked that the Bond sale
be set on the agenda for 7:30 P.M. This met with the approval
of the Commission.
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9. The City Attorney read ORDINANCE NO.1219, AN ORDINANCE AMENDING
CHAPTER 25, "TRAFFIC" OF THE CODE OF ORDINANCES OF THE CITY OF
LA PORTE, ESTABLISHING TRUCK ROUTES AND GROSS WEIGHT LIMITS;
PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE
SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICT-
ION BE FINED NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); CON-
TAINING SERVEABILITYAND REPEALING CLAUSES; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
A MOTION WAS MADE BY COMMISSIONER CLINE TO ADOPT ORDINANCE NO.1219,
seconded by Commissioner Tomerlin, motion carried 4-ayes and 0-
nays.
AYES: Commissioners Tomerlin, Kibodeaux, Cline and Simons.
NAYS: None
10. The City Attorney read ORDINANCE NO.1220, AN ORDINANCE AMENDING
CHAPTER 26, Article II, "WATER, SEWER AND SEWAGE DISPOSAL," OF THE
CODE OF ORDINANCES OF THE CITY OF LA PORTE; AND PROVIDING AN
EFFECTIVE DATE HEREOF. A MOTION WAS MADE BY COMMISSIONER
KIBODEAUX TO ADOPT ORDINANCE NO.1220, seconded by Commissioner
Cline. The motion carried 4-ayes and O~nays.
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AYES: Commissioners Tomerlin, Kibodeaux, Cline and Simons.
NAYS: None.
Regular Meeting - ~6/80
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11. The City Attorney read ORDINANCE NO.1221, AN ORDINANCE REGULA-
INGTHEDISCHARGE OF WASTES INTO THE SANITARY SEWERS OF THE
CITY OF LAPORTE, TEXAS; ESTABLISHING A PERMIT SYSTEM; ESTAB-
LISHINGA.SYSTEMOF CHARGES FOR SERVICES RENDERED; REGULATING
UNSEWERED ANDMISCELLANIOUSDISCHARGES; AND PROVIDING FOR EN-
FORCEMENT. A MOTION WAS MADE BY COMMISSIONER CLINE TO ADOPT
ORDINANCE NO.1221, seconded by Commissioner Simons. The motion
carried 4-ayes and O-nays.
AYES: Commissioners Tomerlin, Kibodeaux, Cline and Simons.
NAYS: None.
12. MOTION WAS MADE BY COMMISSIONER CLINE TO INSTALL STREET LIGHTS
AT:
QUIET HILL AT FARRINGTON (S.W. CORNER)
RUSTIC GATE AT FARRINGTON (S.W.CORNER)
FAIRMONT PARKWAY ENTRANCE AT WILLMONT
2 LIGHTS BETWEEN ROCK HOLLOW AND FAIRMONT PARKWAY ON
FARRINGTON
The motion was seconded by Commissioner Kibodeaux. Motion
carried 4-ayes and O-nays.
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AYES: Commissioners Tomerlin, Kibodeaux, Cline and Simons.
NAYS: None.
13. MOTION WAS MADE BY COMMISSIONER SIMONS TO APPROPRIATE $2,500.00
FROM THE GENERAL FUND CONTINGENCY TO MEET THE SALARY FORA NEW
FIRE INSPECTOR FROM JULY 14 TO OCTOBER 1, 1980, UNIT 501, FIRE
PREVENTION, SERIES 100. (SALARY AND BENEFITS). The motion was
seconded by Commissioner Tomerlin, motion carried 4-ayes and
O-nays.
AYES: Commissioners Tomerlin, Kibodeaux, Cline and Simons.
NAYS: None.
14. After hearing the recommendation of Fire Chief Joe Sease, A
MOTION WAS MADE BY COMMISSIONER SIMONS TO APPROPRIATE $6,646.00
FROM THE REVENUE SHARING CONTINGENCY FUND FOR THE PURCHASE OF
RESCUE EQUIPMENT FOR THE FIRE DEPARTMENT AND TO ACCEPT THE BID
SUBMITTED BY THE TEXAS FIREFIGHTERS EQUIPMENT COMPANY OF NEW
BRAUNFELS, TEXAS FOR A COMPLETE HURST RESCUE TOOL SYSTEM. THE
MOTION WAS SECONDED BY COMMISSIONER CLINE, motion carried 4-
ayes and O-nays.
AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons.
NAYS: None
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15. The "Nutrition Rules Committee" presented to the Commission
the following guide lines for regulations on age at the Nutri-
tion Center:
A. That all Federal Rules and Regulations be followed,
and that the minimum age be kept at 60, but with the
one exception of Mr. and Mrs. Roark. The City will pay
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Regular Meeting - ~6/80
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page 4
the $1.45 a meal for the next 11 months until Mr. Roark
turns 60 and will then be eligible for the program.
B. If one spouse meets the age requirements and the other
does not, Federal Guidelines state that in case of death
of the older spouse, the husband or wife would not be
eligible for the program if he or she were not 60. The
committee feels that the City should continue to pay for
their food until they reach the age of 60.
C. All volunteers will pay for food in accordance with the
Federal Guidelines.
MOTION WAS MADE BY COMMISSIONER TOMERLIN TO ADOPT THE GUIDELINES
FOR REGULATIONS ON AGE AS PRESENTED BY THE COMMITTEE. The motion
was seconded by Commissioner Kibodeaux, motion carried 4-ayes and
O-nays.
AYES:
NAYS:
Commissioners Tomerlin, Kibodeaux, Cline and Simons.
None.
16. Environmental Protection Agency Grant offer No. C481176030, Step
3 project for building and erecting a treatment works/sewage
treatment plant expansion and collection system improvements was
presented. MOTION WAS MADE BY COMMISSIONER KIBODEAUX TO ACCEPT
THE E.P.A. GRANT NO. C481176030 AND AUTHORIZING THE MAYOR TO
SIGN THE GRANT AGREEMENT, seconded by Commissioner Simons. The
motion carried 4-ayes and O-nays.
AYES:
NAYS:
Commissioners Tomerlin, Kibodeaux, Cline and Simons.
None.
17. The Board of Equalization presented to the Commission the 1980
Tax Assessment Roll for the City of La Porte, MOTION WAS MADE
BY COMMISSIONER CLINE TO ACCEPT THE 1980 TAX ASSESSMENT ROLL
AS PRESENTED. The motion was seconded by Commissioner Simons,
motion carried 4-ayes and O-nays.
AYES:
NAYS:
Commissioners Tomerlin, Kibodeaux, Cline and Simons.
None.
18. Administrative Reports:
City Administrator Hudgens reported that Project #4,water lines
and loopings, is ready to proceed to take bids with the Com-
missioners authorization. MOTION WAS MADE BY COMMISSIONER TOM-
ERLIN DIRECTING THE CITY ADMINISTRATOR TO SET A DATE TO RECEIVE
BIDS ON PROJECT #4 AND PROCEED TO ADVERTISE, seconded by Commis-
sioner Cline, motion carried 4-ayes and O-nays.
AYES:
NAYS:
Commissioners Tomerlin, Kibodeaux, Cline and Simons.
None.
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Regular Meeting - 7/16/80
page 5
19. Council Action:
There was discussion CONCERNING SPECIFICATIONS FOR CLEANING THE
4th STREET WATER TOWER. City Administrator Hudgens stated he
has the specs and has reviewed them, however due to the heat,
the lack of rain and extremely heavy use, he recommended the
tank not be cleaned until later in the year. The Commission
agreeded with this reasoning.
Commissioner Cline asked if any progress had been made concerning
"container yards" and rezoning. MAYOR MEZA DIRECTED CITY ADMINIS-
TRATOR HUDGENS, GAIL HAMILTON, ASSISTANT CITY ATTORNEY, DAVID
PAULISSEN,CODE ENFORCEMENT, AND PAT MUSTON, ZONING CHAIRMAN,
TO MEET AND BRING A RECOMMENDATION TO THE CITY COMMISSION FOR
AMENDING THE ZONING ORDINANCE TO LOCATE "CONTAINER YARDS".
Commissioner Cline discussed the need to review the streets in
Lomax, to enable the Commission to better decide on the streets
to be surfaced under the Bond Program. After lengthy discussion
MAYOR MEZA AGREEDED TO CALL THE WEDNESDAY JULY 30TH MEETING FOR
6:00P.M. AT WHICH TIME THE CITY COMMISSION WILL TRAVEL BY VAN TO
LOMAX AREA TO REVIEW THE STREET CONDITIONS, return to City Hall
and continue the "Called Special Meeting."
Commissioner Cline asked if authorization for the placement
of the seagull sculpture had ever been given. The Commission
agreed it had not. Motion was made by Commissioner Tomerlin
to write a letter to Fern Yung accepting her kind offer to
place the "Seagulls" sculpture at the City Hall, seconded by
Commissioner Kibodeuax. The motion carried 4-ayes and O-nays.
AYES:
NAYS:
Commissioners Tomerlin, Kibodeaux, Cline and Simons.
None.
Commissioner Simons advised the Commission he would be out of
town on Wednesday, July 23rd.
Commissioner Cline advised the Commission she would be out of
town on Wednesday July 23rd.
Mayor Meza suggested the WEDNESDAY, JULY 23RD MEETING BE CAN-
CELLED SINCE HE TOO WOULD BE OUT OF TOWN. This met with Com-
mission approval.
At 7:45 P.M. Mayor Meza adjourned into a closed executive
session on personnel.
At 9:43 P.M. the Mayor reconvened the meeting to declare a re-
cess until 5:00 P.M. July 17, 1980. The City Clerk was advised
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Regular Meeting - ~16J80
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to post notice of the recess an.d notify the newspaper.
At 5:00 P.M., July 17th the meeting was called to order by
Mayor Meza.
MEMBERS OF THE CITY COMMISSION PRESENT: Mayor J.J. Meza,
Commissioners John Tomerlin, Commissioner I.J. Kibodeaux,
Commissioner Virginia Cline, Commissioner Tom Simons, Com-
missioner Norman Malone.
MEMBERS OF THE COMMISSION ABSENT: None
OTHER CITY OFFICIALS PRESENT: City Administrator James R.
Hudgens; City Clerk Betty T. Waters.
OTHERS PRESENT: Jerry L. Hodge
Motion was made by Commissioner Tomerlin? seconded by Com-
missioner Simons to adjourn into executive session to discuss
personnel.
The Commission adjourned into executive session to discuss per-
sonnel, they were accompanied by the City Administrator and
Mr. Hodge.
Mayor Meza reconvened the meeting stating no official action
was taken and entertained a motion to adjourn. The motion was
made by Commissioner Kibodeaux to adjourn the meeting, seconded
by Commissioner Cline. The motion carried 4-ayes and O-nays.
AYES:
NAYS:
Commissioners Tomerlin,Kibodeaux,Cline and Simons.
None
The meeting was duly adjourned.
Respectfully submitted:
~i~iJ~.L
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Passed and Approved this the
6th day of August 1980
[ll ,-
J.J. Meza, Mayor -,
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RESOLUTION NO. 80-6
RESOLUTION SUSPENDING RATE CHANGES
WHEREAS, on June 30, 1980, the Houston Lighting
& Power Company (HL&P) riled a Statement of Intent to
change its rates for electric service within the City of
La Porte and has requested that said changes become effective
on August 5, 1980; and -
WHERAS, HL&P has filed revised Tariff Schedules
together with statements specifying in detail each proposed
change, a rate filing package, and supporting testimony; and
WHEREAS, Section 17 (a) of the Public Utility
Regulatory Act, Artilce 1446c, Texas Revised Civil Statutes,
gives the governing body of each municipality exclusive
original jurisdiction over electric rates within its municipal
boundaries; and
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WHEREAS, Section 43 (d) of the Public Utility
Regulatory Act authorizes the governing body of any municipality
acting as a Regulatory Authority to suspend the operation of any
proposed change in rates for a period not to exceed 120 days
beyond the date on which the scheduled rates would otherwise
go into effect, which period may be further extended for an
additional 30 days; and
WHEREAS, HL&P's proposed rate changes and the detailed
material supporting those changes require comprehensive eval-
uation and study;
IT IS THEREFORE RESOLVED by the City Commission of
the City of La Porte, Texas: That the change in rates for
electric service within the City of La Porte proposed by
Houston Lighting & Power Company to become effective on
August 5, 1980 should be~ and are, :hereby suspended for a
period of 120 days beyond said proposed effective date, until
December 3, 1980, subject to an additional suspension of
up to 30 days beyond said date upon further resolution of
this Commission.
INTRODUCED, READ AND PASSED by the affirmative vote
of the City Commission of the City of La Porte, Texas, on
this the 16th day of July, 1980.
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City of La Porte
By:
ATTEST:
J. J. Meza, Mayor
City Clerk
APPROVED:
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City Attorney
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ORDINANCE NO. Jc~) ~
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE
OF INDUSTRIAL DISTRICT AGREEMENTS WITH INDUSTRY WITHIN THE
BATTLEGROUND INDUSTRIAL DISTRICT, AND THE BAYPORT INDUSTRIAL
DISTRICT, FOR THE SEVEN (7) YEAR PERIOD COMMENCING JANUARY l,
1980.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE:
Section 1. The Ci ty Commission of the Ci ty of La Porte
hereby finds, determines and declares that the following named
corporations have each executed industrial district agreements
wi th the Ci ty of La Porte, for the seven-year term commencing
January 1, 1980, a copy of each of said proposed industrial
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district agreements being attached hereto, incorporated by ref-
erence herein, and made a part hereof for all purposes, to-wit:
PETROLITE CORPORATION
INTEROX AMERICA
THE GOODYEAR TIRE & RUBBER COMPANY
SOUTHWEST CHEMICAL SERVICES INCORPORATED
Section 2. The Mayor, the City Commissioners, and the
Ci ty Clerk of the City of La Porte, Texas; be, and they are
hereby, authorized and empowered to execute and deliver on
behalf of the City of La Porte, Texas, the industrial district
agreements wi th the firms and corporations named in Section 1
hereof, copies of which are attached hereto.
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Section 3. The Ci ty Commissio~ officially f~nds, deter-
mines, recites and declares that a sufficient written notice
of the date, hour, place and subject of this meeting of the
City Commission was posted at a place convenient to the public
a t the Ci ty Hall of the City for the time required by law
preceding this meeting, as required by the Open Meetings Law,
Article 6252-17, Texas Revised Civil Statutes Annotated; and
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that this meeting has been open to the public as required by
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Ordinance No.
h9.18
, Page 2.
law at all times during which this ord inance and the subj ect
matter thereof has been discussed, considered and formally
acted upon.
The City Commission further ratifies, approves
and confirms such written notice and the contents and posting
thereof.
Section 4. This Ordinance shall be in effect immediately
upon its passage and approval.
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PASSED AND APPROVED this the
day of
,
1980.
CITY OF LA PORTE
By
J. J. Meza, Mayor
ATTEST:
City Clerk
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APPROVED:
C1 Y Attorney
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NOTICE: THI~ CONTRACT IS SUBJECT TO ARBITRATION
UNDER THE '!'EXJ\S GENERM. J\lmITHNl'ION J\CT, J\R'rICIJE
224, ET. SEQ., REVISED CIVIL STJ\TUTES OF TEXAS
1
THE STATE OF TEXAS S
S
COUNTY OF HARRIS S
S
CITY OF LA PORTE S
INDUSTRIAL DISTRICT AGREEMENT '
This AGREEMENT made and entered into by and between the CITY OF
LA PORTE, TEXAS, a municipal corporation of Harris CountYt, Texa~"
hereinafter called nCITyn, and PETRO LITE CORPORATION, with offices located at 100
North Broadway, St. Louis, Missouri 63102 , a
corporation, hereinafter called nCOMPANY",
De laWJre
--
WIT N E SSE T H! That
WUEREAS, it is the established policy of the City Commission of
"the City of La Porte, Texas, to adopt such reasonable measures from
time to time as are permitted by law and which will tend. to enhance
the economic stability and growth of the City and i1~s environs by
attracting the location of new and the expansion of existing indus-
tries therein, and such policy is hereby reaffirme'd and adopted by
this City Commission as being in the best interest of the City and
its citizens; and
WHEREAS, Company is the owner of a certain tract(s) of land more
particularly described in the Deed ,Records of Harris County, Texas,
in t~e following Volume and Page references, to-wit:
.
The 125.179 acre tract as set forth in Correction Deed dated December 20, 1974, and
recorded in the Harris County Clerkls office under File Number E 340787, Film Code
'114-20-2076 through 114-20-2085, said tract being more specifically described on Exhibit
A, which is attached hereto and made a' part hereof.
. (Revised:
8-79 )
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Industrial District Agreement
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upon whic~ tract(s) Company has either constructed an industrial
plant(s) or contemplates the construction of an industrial plant(s);
and
WHEREAS, pursuant to its policy, City has enacted Ordinance No.
729, designating portions of th~ area located in its extraterritorial
jurisdiction as the "Battleground Industrial District of La Porte,
Texas," and Ordinance No. 842, designating portions of the area
_...... .
located in its extraterritorial jurisdiction as the "BaYPot't Indus....
trial District of La Porte, Texas ~" hereinafter collectively called
-District," such Ordinances being in compliance with the Municipal
,.
~ Annexation Act of. Texas, Article 970a, Vernons A~notated Revised
Civil Statutes of Texas; and
WHEREAS, City desires to encourage the expansion and growth of
industrial plants wi thin said District and for such purpose desires
to enter into this Agreement wi'th Company pursuant to Resolution
adopted by the City Commission of said City and recorded in the
official minutes of said City:
NOW, THEREFORE, in consideration of the premises and the mutual
agreements of the parties contained herein and. pursuant to the
authori ty granted under the Municipal Annexation Act and the Ord i-
nances of City referred to above, City and Company hereby agree with
each other as follows:
-
I.
City covenants, agrees and guarantees that during the term of
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this Agreement, provided below, and subject to the terms and provi-
sions of this Agreement, said District shall continue and retain its
extraterritol."ial status as an :industrial district, at least to the
extent that the same covers the land described above and belong ing
to Company and its assigns, and unless and until the status of said
land, or a portion or portions thereof, as an indu!:itrial district
~may be changed pursuant to the terms of this Agreement. Subject to
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Industrial District Agreement - 3
the foregoing ana and. to the later provisions of this Agreement,
City does further covenant, agree and guarantee that such industrial
district, to the extent that it covers said land lying wi thin said
District and not now within the corporate limits of Cityc or to be
annexed under the provisions of Article II hereof f shall be immun~
. ~~om annexation by City during the term hereof (except as hereinafter
provided) and shall have n9 right to have extended to it any services
by City,. and that all of said land, including that which has been
heretofore or which may be annexed pursuant to the lateL provisions
of this Agreement, shall not have extended to it by ordinance any
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_ rules and regulations (a) governing plats and subdivisions of land,
(b) prescribing any building, electrical, plumbing or inspection
code or codes, or (c) attempting to exercise in any manner whatever
control oveF the conduct of business thereon; provided, however, it
is agreed that City shall have ~he right toinst~ tute or intervene
in any judicial proceeding authorized by the Texas Water Code or the
Texas Clean Air Act to the same ~xtent and to the same intent and
effect as if all land covered by this Agreement were located within
the corporate limits of City.
II.
(A) A portion of the hereinabove described property has hereto-
. .
fore been annexed by City. company has filed with City, coincident
. with the execution hereof, its petition to City to annex an addi-
tional portion of the hereinabove described property, to the end
that twenty-five per cent (25%) of the total value of the land and
improvements hereinabove desct;"ibed shall be annexed to Ci ty. Com-
p3.ny aCJreesto render and paj-" fuLl City ad valorem taxes on .such
annexed land and improvements, and tangible personal property.
(1) For tax years 1980 and 1981 ,Company also agrees to render
and pay an additional amount "in lieu of taxes" on Company's
.e land, improvements, and tang ible personal property in the un-
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Industrial Oistrict Agreement - 4
annexed area to the end that Company's payment of taxes on the
annexed area, combined with its payment of "in lieu of taxes"
on the unannexed area, will equal forty-five percent (45%) of
the amount of ad valorem taxes which would be payable to Ci ty
by Company if all of the hereinabove described property had
been within the corporate limits of City.
(B) The Texas Property Tax Code (5. B. 621, Acts of the 5St;:h.
Texas Legislature, Regular Session, 1979) will be effective for )982
and subsequent years hereunder. Under the terms of said Act ~ the
appraised value for tax purposes of the annexed portion of land,
. improvements, and tangible personal property shall be detel:mined by
the Harris County Appraisal District.. The parties hereto recogni ze
that said District has no authority to appraise the land, i.mprove-
ments, and tangible personal property in the unannexed area for the
purpose of computing the n in lieu" payments hereunder. Therefore,
for 1982 and subsequent years under this Agreement, the parties
agree that the appraisal of the land, improvements, and tangible
personal property in the unannexed area. shall be conducted by City,
at City's expense, by an independent appraiser o~ City's selection.
The parties recognize that in making such appraisal for G in lieu"
payment purposes, such appraiser must .of necessity appraise the
entire (annexed and unannexed) land, improvements, and tangible
..
personal property.
Company agrees to render and pay full Ci ty ad
valorem taxes on such annexed land, improvements, and tangible per-
sonal property.
..( 1) For tax year 1982 and thereafter, Company also agrees to
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render to-City and pay an amount "in lieu of taxes" on Company's
land, improvements, and tang ible personal property in thE::: un:-
annexed area equal to forty-five percent (45%) of the amount of
ad valorem taxes which would be payable to City if all of the
hereinabove described property had been within the corporate
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Industrial District Agreement - 5
limits of City and appraised by City'.s independent appraiser,
reduced by the amount of City's ad valorem tax on the annexed
portion thereof as determined by appraisal by the Harris County
Appraisal District.
Nothing contained in Article !I(B) (1) sball ever b~" construed
as in derogation of the authority of the Harris County .Appraisal
District to establish the appraised value of land, imp~ovement~,
and tangible personal property in the annexed portion, for fiG valorem
tax purposes.
:Ell.
This Agreement shall extend for a period beginning Ol" the 1st day
of January, 1980, and continue thereafter uatil December 31, 1986,
unless extended for an additional period or periods of time upon mutu-
al consent of Company and City as provided by the Municipal Annexation
Act~ provided, however, that in .the event this Agreement is. not so
extended for an additional period or periods of time on or before
August 31, of the final calendar year of the term hereof, the agr~e-
ment of Ci ty not to annex property of Company wi thin the District
shall terminate. In that event.. City shall have the right to com-
mence immediate annexation proceedings as to all of Company's property
covered by this Agreement, notwithstanding any of the terms and pro-
visions of this agreement, and in such event Company agrees that if
the Texas Municipal Act, Article 970a (V.A.T.S.), is hereafter amended
or any new legislation is enacted by the Legislature of the State of
Texas which. imposes greater restrictions on the right of City to
annex land belonging to Company or imposes further obligations on
City in connection therewith after the annexation of such land,
Company will waive the right to require City to comFly with any such
additional restrictions or obligations and the rights of the parties
shall be then determined in accordance with the provisions of said
Texas Municipal Imnexation Act as the same ex ists . on the date of
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Industrial District Agreement
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execution of this Agreement. This Agreement may be extended for an
additional period or periods by agreement between City and Company
and/or its assigns even though it is not extended by agreement
between City and all of the owners of all land within the District
of which it is ~. part. . In this (~onnection" City hereby expresse.s
its belief that industrial district agreements of the kind made
herein are conducive to the development of existing and futu~e indus-
try and 'are to the best interest 'of all citizens of City and encour-
age future City Commissions to enter into future industrial district
agreements and to extend for additional periods permitted by law
a
.., this I"ndustrial District Agreement upon request of Company or its
assigns; provided, however, that nothing herein contained shall be
deemed to obligate. either party hereto to agree to an extension of
this Agreement.
.IV.
Company agrees to pay all ad valorem taxes, .and all "in lieu of
taxes" payments hereunder, to City on or before December 31 of each
year during the term hereof. It is agreed that presently the ratio
of ad valorem tax assessment used by City is eighty per cent (80%) of
the fair market value of property. Any change in. such ratio used by
City shall be reflected in any subsequent computations hereunder.
This Agreement shall be subject to all provisions' of law relating to
.
determination of value of land, improvements, and tangible 'personal
property, for tax purposes (e.g., rendition, assessment, Board of
Equalization procedure, court appeals, etc.) for purposes of fixing
and determining the amount of ad valorem tax payments, and the amount
of "in lieu of tax" payments hereunder, except as otherwise provided
in Articles II and V hereof.
v.
. (A) . In the event Company elects to protest the valuation for
tax purposes set on its said properties by City or by the Harris
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Industrial District Agreement - 7
County Appraisal" District for any year or years during the terms
hereof, nothing in this Agreement shall preclude such protest and
Company shall have the right to take all legal steps desired by it
to reduce the same. Notwithstandi,ng such protest by Company, Company
ag;:,ees to pay to City on or before the date therefor heL'einabove
. provided, at least the tota~ of (a) the total amount of ~~d valorem
taxes on the annexed portions, -plus (b) the total amount vf the "in
lieu of taxes" on the unannexed portions of Company' s hei:~inabove-
described property which would be due by Company to City in accord-
ance with the foregoing provisions of this Agreement on the basis_ of
__ i."enditions which shall be timely filed by Company with City's Tax
Assessor-Collector or with both the. City and the Harris County
Appraisal District (as the case may be) for that year. . When the
City or Harris county Appraisal District- (as the case may be) valua-
tion on said property of Company has been so finally determin~d,
either as the result of final judgment of a court of competent juris-
diction or as the result of other final conclusion of the controversy,
then within thirty (30) days thereafter c:ompany shall make payment
I
to City of any additional payment due hereunder based on such final
valuation.
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(D) Should Company disagree wi th . any appraisal made by the
independent appraiser selected by City pursuant to Article II(B)
above (which shall be given in writing to Company), Company shall,
within twenty (20) days of receiving such copy, give written notice
to the City of such disagreement.
In the event Company does not
give such written notice of disagreement within such time period,
the appraisal made by said independent appraiser shall be final and
controlling for purposes of the determination of "ill lieu of taxes"
payments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall
also submit to the City with such notice a written statement setting
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tit Industrial District Agreement - 8
forth what Company be~ieves the market value of Company's herein-
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above described property to be.
Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an agree-
ment as to the market value of Company's property .for "in lieu"
purposes hereunder.
If, after t~e expiration of . thirty. (30) days
. from the date the notice of disagreement was received by City, t.he
1
parties have not reached agreement as to such market value, the
parties agree to submit the dispute to final arbi tration. 'as pro-:
vided in subparagraph (1) of this Article V(B).
Notwithstanding
any such disagreement by Company, Company agrees to pay to C:i.ty
on or before December 31 of each year during the term hereof, at
.
least the total of (a) the ad valorem taxes on the annexed portions,
plus (b) the total amount of the "in lieu" payments which would be
due hereunder on the basis of Company's valuations rendered and/or
submitted to. City by Company here~nder.
(1) A board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be named
by those two. In case of no agreement on this arbi trator in
10 days, the parties will join in a written - request that the
Chief Judge of the U. S. District CouOrt for_ the Southern Dis-
trict of Texas appoint the third arbitrator who, (as the II Im-
partial Arbi trator") shall preside over the arbitration pro-
to the fair market value of Company's property for calculation
of the "in lieu" payment and total payment hereunder for the
year in question. The Board shall hear and consider all rele-
vant and material evidenc~
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issue
including
expe-rt
opinion, and shall render its written decision as promptly as
practicable. That decision shall then be final and binding
upon the parties, subject only to jud icial review as may be
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Industrial District Agreement - 9
available under the Texas General Arbitration Act (Articles
224-238, Vernon's Annotated Revised Civil Statutes of Texas).
Costs of the arbitration shall be shared equally by the Com-
pany and the City, provided that each party shall bear its
own attorneys fees.
(C) Should the provisions of Article II (B) of this Agreement
become impossible of enforcement because of (1) the inva.lidity or
unenforceability of the Texas Property Code (S.B. 621, Acts of the
65th Texas Legislature, Regular Session, 1979), or any relevant
provision thereof, or (2) because of any material delay or failure
. to act. on the part of the Harris County Appraisal District, then
and in any of such events, all payments under this Agreement' shall
be governed by the provisions of Article' II (A) hereof; anything
to the contrary in this Agreement notwithstanding.'
YI.
City shall be entitled to a tax lien on Company's above-described
property, all improvements thereon, and all tangible personal prop-
erty thereon, in the event of defaul t in payment of n in lieu of
taxes" payments hereunder, which shall accrue penalty and interest
in like manner. as delinquent taxes, and which shall, be (r;',llectible
by City in the same manner as provided by law for delinquent taxes.
VII.
.
Company agrees to provide to City at Company's expense, ,a survey
plat and field note description of the land and improvements which
Company petitions to be annexed in accordance with the provisions of
Article II above. Such annexation tract shall be contiguous to a
point on the existing corporate limits of La Porte. In the event of
tailure of Company to file eithe~ s~ch petition, 'or such description,
City shall have the right by notice in writing to Company to cancel
and terminate this Agreement.
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Industrial District Agreement - 10 .
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VIII.
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This Agreement shall inure xo the benefit of and be binding upon
City and Company, .nd upon Company's successors and assigns, affili-
ates and subsidiaries, and shall remain in force whether: Company
sells, assigns, or in any other manner disposes of, either voluntar-
-i1y or by operation of law, all or any part of the property belonging
to it within the territory hereinabove described, and the agreements
herein contained shall be held to be covenants running with the land
owned by Company situated.within said territory, for so long as this
Agreement or any extension thereof remains in force.
.
IX.
If City enters into an' Agreeme~t wi th other landowner wi th
respect to an industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
'hereof and while this Agreement ~s in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend this
Agreement and City agrees to amend same to embrace the more favorable
terms of such agreeme~t or renewal agreement.
ENTERED INTO this 15th day of August, 1979.
.
PETR~OLlTE CORPO'RATION . (C~l\NY~ .
By .r <' ~_
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Industrial District Agreement - 11
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APPROVED BY COUNSEL:
KNOX W. ASKINS, City Attorney
702 W. Fairmont Parkway
P. O. Box 1218
La Porte, Texas 77571
Telephone: (713) 471-1886
~ Ut#
A ORN1::Y FOR COHPA
ohn F. McCartney
1900 Boatmen's Tower
100 North Broadway
St. Louis, Missouri 63102
Telephone: (314) 241-8370
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CITY OF LA PORTE
B~~~
J. J. Me za, Mayor, ·
~ .~ <-J!dJu:ts
City Comm.ssioner
( Rev i sed: 8-79 )
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EXHIBIT A
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FIELD NOI'ES OF A 7.8634 ACEE TRACT OF LAND nr T}:::: ARTHtJit MC CC'::~"::CK
SURWY. ABSTRACT 46, HA..':,....=..IS COU!~TY, TEXAS
A tract ot la.'1d containing 7.6634 aC:"es out of Soltex ?ol;r:er Corp. prc~~:-:: :'::l
the Arthur McCor:li.ck Survey, Abst:-ac:t 46 in Harris CCI.:.'1ty, Texas. All ~es:~.:'.3
herein are Le.cbert Grid Bearings, based on Texas Pla:.e Coordi:1ate S~.3te=. Z:"::J::.
South Centra.l Zone, end a.l1 distances are g:-ound d..ista.:lces. "Said. 7.8634 ;':::":5
is hereby described by metes and bounds a.s 1"0110\15:
COMMENCING a.t a. conc:'ete monUI:1ent vi th a Brass Cap sta::ped "N. E. Cor. T:-ac": !I,
SOLTEX 1975". loca.ted a.t the intersection of the Sout~ line of Qcuston Li~t:Dg
and Pover Co.' s 75 foot vide right-of-vay, and the '..rest line of Oi con=. Slla:::oc..1t
Corporation property. Said corner is shown on Soltex ?olj~er ca.p ~a:ked ~)~~3IT
"B". dravi.:lg No. 75-051 &S the Northeast corner of "T?.ACT A" L'1d having La=~ert
Coordinates of X = 3,243,099.50, Y. 706,947.98; tbe!lc~ Soutl'1200 55' 30" .....est,
along the ~est lille of said Diamond Shamrock Corpora.tion property, a dista.:.ce
ot 1224.24 fe~t to a point; t~e!lce Sout~ 870 "32' 05" west, a d.::.sta:lce of 208.18
teet to a stake for the Nort~east and BEGINNING corner of the 7.8634 ac:-e t:-act
herein described;
'rHENCZ South 02027' 55" East, a distance of 190.64 feet to'a sta.ke;
THENC:: South 200 55' 30" ~est, a distance of 489.60 !eet to a stake;
'!ENCE South 8f' 32' 05" ~est, a. distance of 330.63 feet to a stake;
TaNG: i:orth 020 27' 55" West, a distance of 100.00 !eet to a stake;
.
THEUe:::: South 8ro 32' 05" west, a dista:lce o:~ 230.00 :'eet to a. s~ake;
TSDlCE NorCl 020 27' 55" ~est, a distance of 340.00 feet to a :\a.i1:oad. s~i~e;
T5:EJia North 870 32' 05" East, a distance of 3iO. 00 ~eet -:0 a. ?a.il::"oad s~J..__e;
~~~ North 020 27' 55" West, a. distance of 200.00 ~eet to a ta~ ~:1 ~~e :a~e-
:Ile!1t "t:-C1:1 vhi ch a. concrete ::mnU1I1eIlt, vi t~ La..:l.bert Coo:-:.:.na.-:es of X = 3,21:.2. aho . 29 ,
Y .. 706,228.1.2, bears South 870 32' 05" West, 10 teet a:::.~ Ncr::h 020 27' 55" ~est,
450.00 fee't;
'l"EENCE North 870 32' 05" Za.s1:, e. Cista:1ce of 385.00 feel; to the ?!.Acr OF EC!:;'NIZrG
and containing 7.8634 ac:-es of land.
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Eeg:stere~ ?~blic Su.-teyor #97
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METES AND BOUNDS DESCRIPTION
125.179 ACRES
WILLIAM M. JONES SURVEY, A-4B2
HARRIS COUNTY, TEXAS
'\4-20-2083
2J
Being a tract or parcel containing 125.179 acres of land in the William M. Jones Survey,
A-482, Harris County, Texas and being more particularly described by metes and bounds
as follows (all bearings referenced to the Texas Coordinate System, South Central Zone):
COMMENCING for reference at Humble Pipeline Company Copperweld Number 8, being
the intersection of the east line of a 200.00 foot wide pipeline right-of-way and the
south line of Fairmont Parkway, 250 feet wide;
THENCE with said south line, S 860 53'1111 W for a distance of 192.20 feet to a point,
the beginning of a curve;
THENCE continuing with said south line and along the arc of a curve to the right, at "/.'/7
feet passing the northeast corner of Exxon Drill Site B-15 and continuing along said arc
havi ng a centra I ang I e of 03017' 5311, a radi us of 5872.76 feet and a chord which bears S
880 32'0711 W for a total arc length of 338.04 feet to the northwest corner of Exxon Drill
Site B-15, the POINT OF BEGINNING;
It
THENCE continuing with said south line, along the arc of a curve to ihe right havinJJ a
central angle of 06010'3511, a radius of 5872.76 feet and a chord which bears N 86
43'3811 W for an arc length of 633.08 feet to a point for corner at the end of said curve;
,
THENCE continuing with said south line, N 83038'21" W for a distance of 77.47 feet to
a point for corner, the beginning of a curve;
THENCE continuing with said south line, along the arc of a curve to the left having a
central angle of O~ 29'0211, a radius of 5614.81 feet and a chord which bears N 880
22' 5211 W for em arc length of 929.39 feet to a point for corner at the ~md of said curve;
THENCE continuing with said south line, S 860 52' 3711 W for a distance of 591.82 feet
to a point for corner at the Intersection of the south line of Fairmont Parkway and the
east line of Proposed Baypark Road, 100 feet wide;
THENCE with said east line, $ 020 27' 5911 E for a distance of 2292.84 feet to a point
for corner, the northwest corner of that certain 100.000 acre tract of land conveyed to
the Armak Company as recorded under File 0-926504, Film Code 164-35-0011, Official
Public Records of Real Property, Harris County, Texas;
.
THENCE with the north line of said 100.00 acre tract, N 8t' 29' 57n E for a distance
of 2339.52 feet to a poi nt for corner, the southwest corner of Harris County Flood
Control District tract;
THENCE leaving said north line, N 000 45' 15" W for a distance of 254.57 feet, with the
west line of said Harris County Flood Control District tract to a point for corner, the north-
west corner of said Harris County Flood Control District tract;
THENCE with .the north line of said Harris County Flood Control District tract, N 8~ 29'-
!S7" E fo!' n distanc:e of 150.09 feet to 'J roir.t fl"!~ co!'~er, ths no!'thsc:;:;t c~me.. of sa:d
Harris County Flood Control District tract and on the west line of a 200.00 foot wide pipe-
line right-of-way;
EXHIBIT IIAII
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METES AND BOUNDS DESCRIPTION
125.179 ACRES
PAGE 2
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114-20-2084
THENCE with said west line, N 000 45' 15" W for a distance of 1397.21 feet to a
point for corner, the southeast corner of Exxon Drill Site B-15;
THENCE leaving said west line, S 890 14' 45" W for a distance of 330.00 feet to a
point for corner, the southwest corner of said Exxon Drill Site B-15;
.
THENCE with the west line of said Exxon Drill Site B-15, N 000 45' 15'.' W for a
distance of 496.13 feet to the POINT OF BEGINNING and containing 125.179 acres
of land.
Compiled by:
Turner, Collie & Braden, Inc.
Consulting Engineers
Houston
July 25, 1974
Pori Arthur
Job No. 1659-007
REcs:rVED
RETURN TO~
8. G. BAUMGAlmNER
617 CAROLINE
HOUSTON. TEXAS 'lIO.02
JAU 9' I I ~
UW~W IUlE ~
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NOTICE: THIS CONTRACT IS SUBJECT TO ARBITRATION
UNDER THE TEXAS GENERAL ARBITRA'rION ACT, Af<TICLE
224, ET. SEQ., REVISED CIVIL STATUTES OF TEXAS
THE STATE OF TEXAS S
S
COUNTY OF HARRIS S
S
CITY OF LA PORTE S
INDUSTRIAL DISTRICT 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 "CITY", and
Interox America
, a Texas partnership
~E:kamf{ hereinafter called "COMPANY",
WIT N E SSE T H: That
WHEREAS, it is the established policy of the ~ity Commission of
the City of La Porte, Texas, to adopt such reasonable measures from
time to time as are permitted by law and which will tend to enhance
the economic stability and gro'!/th of the City and its environs by.
attracting the location of new and the expansion .of existing indus-
tries therein, and such policy is hereby reaffirmed and adopted by
this City Commission as being in the best interest of the City and
its citizens; and
WHEREAS, Company is the owner of a certain tr~ct(s) of land more
particularly described in the Deed Records of Harris County,. Texas,
in the following Volume and Page references, to-wit:
See Exhibit A.
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Industrial District Agreement - 2
upon which tract(s) Company has either constructed an industrial
plant(s) or contemplates the construction of an industrial plant(s);
and
WHEREAS, pursuant to its pOlicy, City has enacted Ordinance No.
729, designating portions of the area located in its extraterritorial
jurisdiction as the "Battleground Industrial District of La Porteg
Texas," and Ordinance No. 842, designating portions of 'the area
located in its extraterritorial jurisdiction as the "Bayport Indus-
trial District of La Porte, Texas," hereinafter collectively called
"District," such Ordinances being in compl iance wi th the Hunicipal
Annexation Act of Texas, Article 970a, Vernons Annotated Revised
Civil Statutes of Texas; and
WHEREAS, City desires to encourage the expansion and growth of
industrial plants within said District and for such purpose desires
to enter into this Agreement wi th Company pursuant to Resolution
adopted by the Ci ty Commission of said City and recorded in the
official minutes of said City:
Nmv, THEREFORE, in consideration of the premises and the mutual
agreements of the parties contained herein and pursuant to the
authori ty granted under the Municipal Annexation Act and the Ord i-
nances of City referred to above, City and Company hereby agree with
each other as follows:
I.
Ci ty covenants, agrees and
guarantees that during the term of
this Agreement, provided below,
and subj ect to the terms and prov i-
sions of this Agreement, said District shall continue and retain its
extl.aterritorial status as an industrial ~di~trict, at least to the
extent that the same covers the land described above and belonging
to Company and its assigns, and unless and until the status of said
land, or a portion or portions thereof, as an industrial district
may be changed pursuant to the terms of this Agreement.
Subject to
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Industrial District Agreement - 3
the foregoing and and to the later provisions of this Agreement,
City does further covenant, agree and guarantee that such industrial
district, to the extent that it covers said land lying wi thin said
District and not now wi thin the corporate 1 imi ts of Ci ty p or to be
annexed under the provisions of Article II hereof, shall be ir:lffiune
from annexation by city during the term hereof (except as hereinafter
provided) and shall have no right to have extended to it any services
by City, and that all of said land, including that which has been
heretofore or which may be annexed pursuant to the later provisions
of th is Agreement, shall not have ex tended to it by ord inance any
rules and regulations (a) governing plats and subdivisions of land,
(b) prescribing any building, electrical, plumbing or inspection
code or codes, or (c) atter:lpting to exercise in any manner whatever
control over the conduct of business thereon i prov ided, however, it
is agreed that Ci ty shall have the right to insti tute or intervene
in any judicial proceeding authorized by the Texas Water 'Code or the
Texas Clean Air Act to the same extent and to the same intent and
effect as if all land covered by this Agreement were located wi thin
the corporate limits of City.
II.
(A) A portion of the hereinabove described property has hereto-
fore been annexed by City. Company has filed with City, coincident
with the execution hereof, its petition to City to annex an addi-
tional portion of the hereinabove described property, to the end
that twenty-five per cent (25%) of the total value of the land and
improvements hereinabove described shall be annexed to City. Com-
pany agrees to render and pay full Ci ty ad valorem taxes on such
annexed land and improvements, and tangible personal property.
(1) For tax years 1980 and 1981, Company also agrees to render
and pay an add i tional amount "in lieu of taxes" on Company's
land, improvements, and tang ible personal property in the un-
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Industrial District Agreement 4
annexed area to the end that Company's payment of taxes on the
annexed area, combined with its payment of n in lieu of taxes"
on the unannexed ar~a, will equal forty-five percent (45%) of
the amount of ad valorem taxes wh ich would be payable to Ci ty
by Company if all of the hereinabove described property had
been within the corporate limits of City.
(B) The Texas Property Tax Code (S. B. 621, Acts of: the 65th
Texas Legislature, Regular Session, 1979) will be effective for 1982
and subsequent years hereunder. Under the terms of said Act, the
appraised val ue for tax purposes of the annexed portion of land,
improvements, and tang ible personal property shall be determined by
the Harris County Appraisal" District. The parties hereto recogni ze
that said District has no authority to appraise the land, improve-
ments, and tang ible personal property in the unannexed area for the
purpose of computing the .. in lieu" payments hereunder. Therefore,
for 1982 and subsequent years under this Agreement, the parties
agree that the apprai sal of the land, improvements, and tang ible
personal property in the unannexed area shall be conducted by City,
at City's expense, by an independent appraiser of City's selection.
The parties recognize that in making such appraisal for .. in lieu"
payment purposes, such appraiser must of necessity appraise the
entire (annexed and unannexed) land, improvements, and tangible
personal property.
Company agrees to render and pay full Ci ty ad
valorem taxes on such annexed land, improvements, and tang ible per-
sonal property.
"(l) For tax. year 1982 and thereafter, Company also agrees to
render to City and pay an amount "in lieu of taxes" on Company's
land, improvements, and tang ible personal property in the un-
annexed area equal to forty-five percent (45%) of the amount of
ad valorem taxes which would be p~yable to City if all of the
. hereinabove described property had been within the corporate
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Industrial District Agreement - 5
limits of City and appraised by City's independent appraiser,
reduced by the amount of Ci ty I S ad valorem tax on the annexed
portion thereof as determined by appraisal by the Harris County
Appraisal District.
Nothing contained in Article II (B) (l) shall ever be construed
as in derogation of the authority of the Harris County Appraisal
District to establish the appraised value of land, improvements,
and tangible personal property in the annexed portion, for ad valorem
tax purposes.
III.
-
This Agreement shall extend for a period beginning on the lst day
of January, 1980, and continue thereafter until December 31, 1986,
unless extended for an additional period or periods of time upon mutu-
al consent of Company and City as provided by the Municipal Annexation
Act; prov ided, however, that in the event this Agreement is not so
extended for an additional period or periods of tj.me on or before
August 3l, of the final calendar year of the term hereof, the agree-
ment of Ci ty not to annex property of Company ,:"i thin the District
shall terminate.
In that event, Ci ty shall have the r igh t to COJT\-
mence immediate annexation proceedings as to all of CompanyGs property
covered by this Agreement, notwithstanding any of the terms and pro-
visions of this agreement, and iri such event Company agrees that if
~~ the Texas Municipal Act, Article 970a (V.A.T.S.), is hereafter amended
or any new legislation is enacted by the Legislature of the State of
Texas which imposes greater restrictions on the right of City to
annex land belonging to Company or imposes further obligations on
City in connection therewith after the annexation of such land,
Company will waive the right to require City to comply with any such
additional restrictions or obligations and the rights of the parties
shall be then determined in accordance with the provisions of said
'It
Texas Municipal Annexation Act as the same exists on the date of
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Industrial District Agreement - 6
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execution of this Agreement. This Agreement may be extended for an
additional period or periods by agreement between City and Company
and/or its assigns even though it is not extended by agreement
between City and all of the owners of all land wi thin the District
of which it is a part. In this connection, City hereby expresses
its belief that industrial district agreements of the kind made
herein are conducive to the development of existing and fut~re indus-
try and are to the best interest of all citizens of City and encour-
age future City Commissions to enter into future industrial district
agreements and to extend for add i tional periods permitted by law
this Industrial District Agreement upon request of Company or i t.s
assigns; prov ided, however, that nothing herein contained shall be
deemed to obI igate ei ther party hereto to agree to an extens ion of
this Agreem~nt.
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IV.
Company agrees to pay all ad valorem taxes, -and all "in lieu of
taxes" payments hereunder, to City on or before December 31 of each
year during the term hereof. It is agreed that presently the ratio
of ad valorem tax assessment used by City is eighty per cent (80%) of
the fair market value of property. Any change in such ratio used by
Ci ty shall be ref lected in any subsequent computations hereunder.
This Agreement shall be subject to all provisions. of law relating to
determination of value of land, improvements, and tangible .personal
property, for tax purposes (e. g ., rend i t ion, assessment, Boa rd of
Equalization procedure, court appeals, etc.) for purposes of fixing
and determining the amount of ad valorem tax payments, and the amount
of "in lieu of tax" payments hereunder, except as otherwise provided
in Articles II and V hereof.
V.
(A) In the event Company elects to protest the valuat ion for
tax purposes set on its said properties by Ci ty or by the Barris
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Industrial District Agreement - 7
County Appraisal District for any year or years during the terms
hereof, nothing in this Agreement shall preclude such protest and
Company shall have the right to take all legal steps desired by it
to reduce the same. Notwithstanding such protest by Company, Company
agrees to pay to Ci ty on or before the date therefor here inabove
provided, at least the total of (a) the total amount of ad valorem
taxes on the annexed portions, plus (b) the total amount of the "in
lieu of taxes" on the unannexed portions of Company's hereinabove-
described property which would be due by Company to City in accord-
ance with the foregoing provisions of this Agreement on the basis of
renditions which shall be timely filed by Company with City's Tax
Assessor-Collector or with both the. City and the Harris County
Appraisal District (as the case may be) for that year. When the
City or Harris County Appraisal District (as the case may be) valua-
tion on said property of Company has been so finally determined,
either as the result of final judgment of a court of competent juris-
diction or as the result of other final conclusion of the controversy,
then within thirty (30) days thereafter Company .shall make payment
to City of any additional payment due hereunder based on such final
valuation.
(B) Should Company disagree with any appraisal made by the
independent appraiser selected by City pursuant to Article 11(0)
above (which shall be given in writing to Company), Company shall,
within twenty (20) days of receiving such copy, give written notice
to the Ci ty of such disagreement. In the event Company does not
give such written notice of disagreement within such time period,
the appraisal made by said independent appraiser shall be final and
controlling for purposes of the determination of Rin lieu of taxes"
payments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall
also submit to the City with such notice a written statement setting
.
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Industrial District Agreement - 8
forth what Company believes the market value of Company's herein-
above described property to be.
Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an agree-
ment as to the market value of' Company's property for "in lieu"
purposes hereunder.
If, after the expiration of thirty (30) days
from the date the notice o'f disagreement was received by City, the
parties have not reached agreement as to such market value, the
parties agree to submit the dispute to final arbi tration as pro-
vided in subparagraph (l) of this Article V(B}.
Notwithstanding
any such disagreement by Company, Company agrees to pay to City
on or before December 3l of each year during the term hereof, at
least the total of (a) the ad valorem taxes on the annexed portions,
plus (b) the total amount of the "in lieu" payments which would be
due hereunder on the basis of company's valuations rendered and/or
submitted to City by Company hereunder.
(l) A board of Arbitrators shall be created composed of one
person named by Company, one by City, and a th i rd to be named
by those two.
In case of no agreement on .this arbi trator in
lO days, the parties will join in a written request that the
Chief Judge of the U. S. District Court for the Southern Dis-
trict of Texas appoint the third arbitrator who, (as the "Im-
partial Arbitrator") shall preside over the arbitration pro-
ceeding. The sole issue to be determined in the arbi tration
shall be resolution of the difference between the parties as
to the fair market value of Company's property for calculation
of the "in lieu" payment and total payment hereunder for the
year in question. The Board shall hear and consider all rele-
vant and material evidence on that .issue including expert
opinion, and shall render its written decision as promptly as
practicable. That decision shall then be final and binding
upon the parties, subject only to jud icial rev iew as may be
.
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Industrial District Agreement - 9
available under the Texas General Arbitration Act (Articles
224-238, Vernon's Annotated Revised Civil Statutes of Texas).
Costs of the arbi tration shall be shared equally by the Com-
pany and the City, provided that each party shall bear its
own attorneys fees.
(C) Should the provisions of Article II (B) of this Agreement
become impossible of enforcement because of (1) the invalidity or
unenforceabilityof the Texas Property Code (S.B. 621, Acts of the
65th Texas Legislature, Regular Session, 1979), or any relevant
provision thereof, or (2) because of any material delay or failure
to act on the part of the Harris County Appraisal District, then
and in any of such events, all paymeJ'lts under this Agreement shall
be governed by the provisions of Article II(A) hereof; anything
to the contrary in this Agreement notwithstanding.
VI.
City shall be entitled to a tax lien on Company's above-described
property, all improvements thereon, and all tang ible personal prop-
erty thereon, in the event of defaul t in payment of II in lieu of
taxes" payments hereunder, which shall accrue penal ty. and interest
in like manner as delinquent taxes, and which shall be collectible
by City in the same manner as provided by law for delinquent taxes.
VII.
Company agrees to provide to City at Company's expense, a survey
plat and field note description of the land and improvements which
Company petitions to be annexed in accordance with the provisions of
Art icle I I above.
Such annexation tract shall be contiguous to a
point on the existing corporate limits of La Porte. In the event of
failure of Company to file either such petition, or such description,
City shall have the right by notice in writing to Company to cancel
and terminate this Agreement.
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Industrial District Agreement - 10
VIII.
This Agreement shall inure to the benefit of and be binding upon
City and Company, and upon Company's successors and assigns, affili-
ates and subsidiaries, and shall remain in force whether Company
sells, assigns, or in any other manner disposes of, either voluntar-
ily or by operation of law, all or any part of the property belonging
to it within the territory hereinabove described, and the agreements
herein contained shall be held to be covenants running with the land
owned by Company situated within said territory, for so long as this
=- Agreement or any extension thereof remains in force.
IX.
If City enters into an Agreement with other landowner with
respect to an industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend this
Agreement and City agrees to amend same to embrace. the more favorable
terms of such agreement or renewal agreement.
ENTERED INTO this l5th day of August, 1979.
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INTEROX AMERICA
(CO~1PANY )
" ATTES'I':
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By
peroxygen, Inc., partn r
1Itrk!~
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(]p ');,-~... .. I..
Secretary"
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By
By:
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Industrial District Agreement - II
ATTEST:
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APPROVED BY COUNSEL:
KNOX W. ASKINS, City Attorney
702 W. Fairmont Parkway
P. O. Box l2l8
La Porte, Texas 77571
Telephone: (713) 471-1886
ATTORNEY FOR COMPANY
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J. J. Meza, Mayor
,...--
, _ :v L~c-~~
Ci~y Commissioner
J. q 0?~~.~
U City Corom ss loner
Clty
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Clty ComrolsSloner
(Revised: 8-79)
, an
. corporation, hereinafter called "COHPANY",
.
.
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NOTICE: THIS CONTRACT IS SUBJECT TO ARBITRATION
UNDER THE TEXAS GENERAL ARBITRATION ACT, ARTICLE
224, ET. SEQ., REVISED CIVIL STATUTES OF TEXAS
THE STATE OF TEXAS S
S
COUNTY OF HARRIS S
S
CITY OF LA PORTE S
INDUSTRIAL DISTRICT 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 "CITY", and
THE GOODYEAR TIRE & RUBBER COMPANY--
OHIO
WIT N E SSE T H: That
WHEREAS, it is the established policy of the City Commission of
the City of La Porte, Texas, to adopt such reasonable measures from
time to time as are permitted by law and which will tend to enhance
.
the economic stability and growth of the City and its environs by
attracting the location of new and the expansion of existing indus-
tries therein, and such policy is hereby reaffirmed al"d adopted by
this City conunission as being in the best interest of the Ci.ty and
its citizens; and
WHEREAS, Company is the owner of a certain tract of land more
particularly described in the Deed Records of Harris County, Texas,
at the following File and Film Code references, to-wit:
That certain 75 acre tract of land located in the
Richard Pearsall 1/3 League, Abstract 625, Harris
County, Texas, being described in that certain
General Warranty Deed dated March 31, 1978 from
Big Three Industries, Inc., to The Goodyear Tire &
Rubber Company, recorded on April 3, 1978 at File
No F-539980, Film Code No 191-07-2341, more
particularly described on Exhibit "A" attached
hereto and made a part hereof.
(Revised: 8-79)
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Industrial District Agreement - 2
upon which tract
Company
owns and
operates
an industrial
plant
or contemplates the construction of an industrial plant(s):
and
WHEREAS, pursuant to its policy, City has enacted Ordinance No.
729, designating portions of the area located in its extraterritorial
jurisdiction as the "Battleground Industrial District of La Porte,
Texas," and Ordinance No. 842, designating portions of 'the area
located in its extraterritorial jurisdiction as the "Bayport Indus-
trial District of La Porte, Texas," hereinafter collectively called
.
"District," such Ordinances being in compl iance wi th the Hunicipal
.
Annexation Act of Texas, Article 970a, Vernons Annotated Revised
Civil Statutes of Texas; and
WHEREAS, City desires to encourage the expansion and growth of
industrial plants wi thin said District and for such purpose desires
to enter into this Agreement wi th Company pursuant t~ Resolution
adopted by the City Commission of said City and recorded in the
official minutes of said City:
Nm\l, THEREFORE, in consideration of the premi-ses and the mutual
agreements of the parties contained herein and pursuant to the
authority granted under the Municipal Annexation Act and the Ordi-
nances of City referred to above, City and Company hereby agree with
each other as follows:
.
I.
Ci ty covenants, agrees and guarantees that during the term of
this Agreement, provided below, and subject to the terms and provi-
sions of this Agreement, said District shall continue and retain its
extraterritorial status as an industrial district ~ at ~east to the
extent that the same covers the land described above and belong ing
to Company and its assigns, and unless and until the status of said
land, or a portion or portions thereof, as an industrial district
4J may be changed pursuant to the terms of this Agreement. Subject to
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Industrial District Agreement - 3
--
the foregoing and and to the later provisions of this Agreement,
City does further covenant, agree and guarantee that such industrial
district, to the extent that it covers said land lying wi thin said
District and not now wi thin the' corporate 1 imi ts of City, or to be
annexed under the provisions of Article II hereof 1 shall be immune
from annexation by City during the term hereof (except as hereinafter
provided) and shall have no right to have extended to it any services
by City, and that all of said land, including that which has been
heretofore or which may be annexed pursuant to the later provisions
of this Agreement, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivisions of land,
(b) prescribing any building, electrical, plumbing or inspection
code or codes, or (c) attempting to exercise in any manner whatever
control ove~ the conduct of business thereon; provided, however, it
is agreed that Ci ty shall have the right to institute or intervene
in any judicial proceeding authorized by the Texas Water Code or the
Texas Clean Air Act to the same extent and to the same intent and
effect as if all land covered by this Agreement were located within
the corporate limits of City.
II.
(A) A portion of the hereinabove described property has hereto-
fore been annexed by City. Company has filed with City, coincident
_ with the execution hereof, its petition to City to annex an addi-
tional portion of the hereinabove described property, to the end
that twenty-five per cent (25%) of the total value of the land and
improvements hereinabove described shall be annexed to City. Com-
pany agrees to render and pay full City ad valorem taxes on such
annexed land and improvements, and tangible personal property.
(l) For tax years 1980 and 1981, Company also agrees to render
and pay an add i tional amount II in 1 ieu of taxes" on Company's
e land, improvements, and tang ible personal property in the un-
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Industrial District Agreement - 4
annexed area to the end that Company's payment of taxes on the
annexed area, combined wi th its payment of "in lieu of taxes"
on the unannexed area, will equal forty-five percent (45%) of
the amount of ad valorem taxes which would be payable to Ci ty
by Company if all of the hereinabove described property had
been within the corporate limits of City.
(B) The Texas Property Tax Code (S. B. 621, Acts of the 65th
Texas Legislature, Regular Session, 1979) will be effective for 1982
and subsequent years hereunder. Under the terms of said Act, the
appraised val ue for tax purposes of the annexed portion of land,
improvements, and tang ible personal property shall be determined by
the Harris County Appraisal District. The parties hereto recognize
that said District has no authority to app"raise the land, improve-
ments, and ,tang ible personal property in the unannexed area for the
purpose of computing the "in lieu" payments here.under. Therefore,
for 1982 and subsequent years under this Agreement, the parties
agree that the appraisal of the land, improvements, and tangible
personal property in the unannexed area shall be conducted by City,
at City's expense, by an independent appraiser of City's selection.
The parties recognize that in making such appraisal for "in lieu"
payment purposes, such appraiser must of necessity appraise the
entire (annexed and unannexed) land, improvements, and tangible
personal property. Company agrees to render and pay full, Ci ty ad
valorem taxes on such annexed land, improvements, and tang ible per-
sonal property.
. ( l) For tax year 1982 and thereafter, Company also agrees to
render to City and pay an amount "in lieu of taxes" on Company's
land, improvements, and tang ible personal property in the un-
annexed area equal to forty-five percent (45%) of the amount of
ad valorem taxes which would be payable to City if all of the
hereinabove described property had been within the corporate
.
.
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Industrial District Agreement - 5
limi ts of Ci ty and appraised by City' s independent appraiser,
reduced by the amount of City's ad valorem tax on the annexed
portion thereof as determined by appraisal by the Harris County
Appraisal District.
Nothing contained in Article II(B) (l) shall ever be construed
as in derogation of the authority of the Harris County Appraisal
District to establish the appraised value of land, improvements,
and tangible personal property in the annexed portion, for ad valorem
tax purposes.
III.
This Agreement shall extend for a period beginning on the lst day
of January, 1980, and continue therep.fter until December 3l, 1986,
unless extended for an additional period or periods of time upon mutu-
al consent of Company and City as provided by the Municipal Annexation
Act; prov ided, however, that in the event this Agreement. is not so
extended for an additional period or periods of time on or before
August 3l, of the final calendar year of the term hereof, the agree-
ment of Ci ty not to annex property of Company '1i thin the District
shall terminate. In that event, City shall have the right to com-
mence immediate annexation proceedings as to all of Company's property
covered by this Agreement, notwithstanding any of the terms and pro-
visions of this agreement, and in such event Company agrees that if
the Texas Municipal Act, Article 970a (V.A.T.S.), is hereafter amended
or any new legislation is enacted by the Legislature of the State of
Texas which imposes greater restrictions on the right of Ci ty to
annex land belong ing to Company or imposes further obligations on
City in connection therewith after the annexation of such land,
Company will waive the right to require City to comply with any such
additional restrictions or obligations and the rights of the parties
shall be then determined in accordance wi th the provisions of said'
Texas Municipal Annexation Act as the same exists. on the date of
.
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Industrial District Agreement - 6
execution of this Agreement. This Agreement may be extended for an
additional period or periods by agreement between City and Company
and/or its assigns even though it is not extended by agreement
between City and all of the owners of all land within the District
of which it is a part. In this connection, Ci ty hereby expresses
its belief that industrial district agreements of the kind made
herein are conducive to the development of existing and future indus-
try and are to the best interest of all citizens of City and encour-
age future City Commissions to enter into future industrial district
agreements and to extend for additional periods permitted by law
this Industrial District Agreement upon request of Company or its
assigns; prov ided, however, that nothing herein contained shall be
deemed to obligate either party hereto to agree to an extension of
this Agreement.
IV.
Company agrees to pay all ad valorem taxes, and all "in lieu of
taxes" payments hereunder, to City on or before December 31 of each
year during the term hereof. It is agreed that presently the ratio
of ad valorem tax assessment used by City is eighty per cent (80%) of
the fair market value of property. Any change in such ratio used by
Ci ty shall be reflected in any subsequent computations hereunder.
This Agreement shall be subject to all provisions of law relating to
determination of value of land, improvements, and tang ible personal
property, for tax purposes (e. g. , rend i tion, assessment, Board of
Equalizatio!1 procedure, court appeals, etc.) for purposes of fixing
and determining the amount of ad valorem tax payments, and the amount
of "in lieu of tax" payments hereunder, except as otherwise provided
in Articles II and V hereof.
V.
(A) In the event Company elects to protest the valuation for
tax purposes set on its said properties by Ci ty or by the Harris
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Industrial District Agreement - 7
County Appraisal District for any year or years during the terms
hereof, nothing in this Agreement shall preclude such protest and
Company shall have the right to take all legal steps desired by it
to reduce the same. Notwithstanding such protest by Company, Company
agrees to pay to Ci ty on or before the date therefor here inabove
provided, at least the total of (a) the total amount of ad valorem
taxes on the an~exed portions, plus (b) the total amount qf the "in
lieu of taxes" on the unannexed portions of Company's hereinabove-
described property which would be due by Company to City in accord-
ance with the foregoing provisions of this Agreement on the basis of
rendi tions \'lhich shall be timely fi.led by Company wi th Ci ty' s Tax
Assessor-Collector or with both the City and the Harris County
Appraisal District (as the case may be) for that year. When the
City or Harris County Appraisal District (as the case may be) valua-
tion on said property of Company has been so finally determined,
either as the result of final judgment of a court-of competent juris-
diction or as the result of other final conclusion of the controversy,
then wi thin thirty (30) days thereafter Company shall make payment
to City of any additional payment due hereunder based on such final
valuation.
(B) Should Company disagree with any appraisal made by the
independent appraiser selected by City pursuant. to Article II{B)
above (which shall be given in writing to Company), Company shall,
within sixty (60) days of receiving such copy, give written notice
to the Ci ty of such disagreement. In the event Company does ~ot
give such written notice of disagreement within such time period,
the appraisal made by said independent appraiser shall be final and
controlling for purposes of the determination of II in lieu of taxes"
payments to be mape under this Agreement.
Should Company give such notice of disagreement, Company shall-
also submit to the City with such notice a written statement setting
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Industrial District Agreement - 8
.
forth what Company believes the market value of Company's herein-
above described property to be. Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an agree-
ment as to the market value of Company's property for "in lieu"
purposes hereunder. If, after the expiration of thirty (30) days
from the date the notice of disagreement was received by City l the
parties have not reached agreement as to such market v~luer the
parties agree to submit the dispute to final arbitration as pro-
vided in subparagraph (l) of this Article V(B)g Notwithstanding
any such disagreement by Company, Company agrees to pay to City
on or before December 31 of each year during the term hereof, at
least the total of (a) the ad valorem taxes on the annexed portions,
plus (b) the total amount of the "in lieu" payments which would be
due hereunder on the basis of Company's valuations rendered and/or
submitted to City by Company hereunder.
(l) A board of Arbi trators shall be created composed of one
person named by Company, one by City, and a third to be named
by those two. In case of no agreement on this arbitrator in
lO days, the parties will join in a written request that the
Chief Judge of the U. S. District Court for the Southern Dis-
trict of Texas appoint the third arbitrator who, (as the "Im-
partial Arbitrator") shall preside over the arbitration pro-
ceeding. The sole issue to be determined in the arbi tration
shall be resolution of the difference between the parties as
to the fair market value of Company's property for calculation
of the "in lieu" payment and total payment hereunder for the
year in question. The Board shall hear and consider all rele-
vant and material evidenc2 on that _issue including expert
opinion, and shall render its written decision as promptly as
practicable. That decision shall then be final and binding.
upon the parties, subject only to jud icial review as may be
-
.
.
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Industrial District Agreement - 9
Arbitration Act (Articles
Civil Statutes of Texas).
shared equally by the Com-
each party shall bear its
available under the Texas General
224-238, Vernon's Annotated Revised
Costs of the arbi tration shall be
pany and the city, provided that
own attorneys fees.
(C) Should the provisions of Article II(B) of this Agreement
become impossible of enforcement because of (1) the invalidity or
unenforceabilityof the Texas Property Code (S.B. 62l, Acts of the
65th Texas Legislature, Regular Session, 1979), or any relevant
provision thereof, or (2) because of any material delay or failure
to act on the part of the Harris County Appraisal District, then
and in any of such events,. all payments under this Agreement shall
be governed by the provisions of Article II(A) hereof; anything
to the contrary in this Agreement notwithstanding.
VI.
City shall be entitled to a tax lien on Company's above-described
property, all improvements thereon, and all tang ible personal prop-
erty thereon, in the event of defaul t in payme.nt of "in lieu of
taxes" payments hereunder, which shall accrue penalty and interest
in like manner as delinquent taxes, and which shall be collectible
by City in the same manner as provided by law for delinquent taxes.
VII.
Company agrees to provide to City at Company's expense, a survey
plat and field note description of the land and improvements which
Company pet~tions to be annexed in accordance with the provisions of
Article II above. Such annexation tract shall be contiguous to a
point on the existing corporate limits of La Porte. In the event of
failure of Company to file either such petition, or such description,
City shall have the right by notice in writing to Company to cancel
and terminate this Agreement.
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Industrial District Agreement - lO
VIII.
This Agreement shall inure to the benefit of and be binding upon
City and Company, and upon Company's successors and assigns, affili-
ates and subsidiaries, and shall remain in force whether Company
sells, assigns, or in any other manner disposes of, either voluntar-
ily or by operation of law, all or any part of the property belonging
to it within the territory hereinabove described, and the agreements
herein contained shall be held to be covenants running with the land
owned by Company situated within said territory, for so long as this
Agreement or any extension thereof remains in force.
IX.
If City enters into an Agreement with other landowner with
respect .to an industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and"its assigns shall have the right to amend this
Agreement and City agrees to amend same to ernbracethe more favorable
terms of such agreement or renewal agreement.
ENTERED INTO as of the 30th day of November, 1979.
THE GOODYEAR TIRE & RUBBER COMPANY
Byd..Jd~
T H Barrett
Executive Vice President
ATTEs'r:
~
J Davies
istant Secretary
.
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Industrial District Agreement - 1l
ATTEST:
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APPROVED BY COUNSEL:
KNOX W. ASKINS, City Attorney
702 W. Fairmont Parkway
P. O. Box l218
La Porte, Texas 77571
Telephone: (713) 471-l886
.
CITY OF LA PORTE
By_ /(U--
J. J. Meza, Mayor \ ~---
c
~~~Jd;v
ommissioner
J.J ~Sioner
''zv
Comnnssioner
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Ci ty- Commissioner
(Revised: 8-79)
.
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EXHIBIT A
75 acres of land in the Richard Pearsall 1/3 League,
Abstract No. 625, Harris County, Texas, more particularly
described as follows (All bearings being referred to north
on The Texas Plane Coordinate System, South Central Zone):
BEGINNING at an iron rod located at the intersection
of the south line of Fairrnont Parkway 250 feet in width with
the west line of Bay Area Boulevard l50 feet in width;
THENCE S. 10 00' 45" E~ 2.l82. 7 feet along the west
line of Bay Area Boulevard to an iron rod in the north line
of the Houston Lighting & Power Company right-of-way as
described in deed recorded in Volume 7146, Page 375 of the
Harris County Deed Records;
~HENCE s. 870 25' 45" W. ll59.l feet along the
north line of said Houston Lighting & Power Company right-
of-way to an iron rod;
THENCE S. 870 25' 15" w. 343.19 feet along the
north line of said Houston Lighting & Power Company right-
of-way to an iron rod;
THENCE N. 10 00' 45" W. 2168.32 feet to an iron
rod in the south line of Fairmont Parkway;
THENCE N. 860 52' 45" E. 1502.75 feet along the
south line of Fairmont Parkway to the PLACE OF BEGINNING.
:.
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NOTICE: THIS CONTRACT IS SUBJECT TO ARBITRATION
UNDER THE TEXAS GENERAL ARBITRATION ACT, ARTICLE
224, ET. SEQ., REVISED CIVIL STATUTES OF TEXAS
THE STATE OF TEXAS S
S
COUNTY OF HARRIS S
S
CITY OF LA PORTE S
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY OF
LA PORTE, TEXAS, a municipal corporation of Harris Countyu Texas,
hereinafter called "CITY", and SOUTHWEST CHEMICAL SERVICES INCORPORATED
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, a Del aware
corporation, hereinafter called "COMPANY",
WIT N E SSE T H: That
WHEREAS, it is the established policy of the City Commission of
the City of La Porte, Texas, to adopt such reasonable measures from
time to time as are permitted by law and which will tend to enhance
the economic stability and growth of the City and it!=; environs by
attracting the location of new and the expansion 9f existing indus-
tries therein, and such policy is hereby reaffirmed and adopted by
this City Commission as being in the best interest of the City and
its citizens; and
WHEREAS, Company is the owner of a certain tract(s) of land more
. particularly described in the Deed. Records of Harris County, Texas,
in the following Volume and Page references, to-wit:
EJt~:!:+ " A ..
(~ (Revised: 8-79)
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Industrial District Agreement - 2
upon which tract(s) Company has either constructed an industrial
plant(s) or contemplates the construction of an industrial plant(s):
and
WHEREAS, pursuant to its policy, City has enacted Ordinance No.
729, designating portions of the area located in its extraterritorial
jurisdiction as the "Battleground Industrial District of La Porte,
Texas," and Ordinance No. 842, designating portions of the area
located in its extraterritorial jurisdiction as the "Bayport Indus-
trial District of La Porte, Texas v" hereinafter collectively called
lIDistrict," such Ordinances being in compliance wi th the ~1unicipal
Annexation Act of Texas, Article 970a, Vernons Annotated Revised
Civil Statutes of Texas: and
WHEREAS, City desires to encourage the expansion and growth of
industrial plants wi thin said District and for such purpose desires
to enter into this Agreement wi th Company pursuant to Resolution
adopted by the City Commission of said City and recorded in the
official minutes of said City:
NOW, THEREFORE, in consideration of the premises and the mutual
agreements of the parties contained herein and pursuant to the
authori ty granted under the Municipal Annexation Act and the Ord i-
nances of City referred to above, City and Company hereby agree with
each other as follows:
I.
City covenants, agrees and guarantees that during the term of
this Agreement, provided below, and subject to the terms and provi-
sions of this Agreement, said District shall continue and retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the land described above and belonging
to Company and its assigns, and unless and until the status of said
land, or a portion or portions thereof, as an industrial district
may be changed pursuant to the terms of this Agreement. Subject to
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Industrial District Agreement - 3
the foregoing and and to the later provisions of this Agreement,
City does further covenant, agree and guarantee that such industrial
district, to the extent that it covers said land lying wi thin said
District and not now wi thin the corporate 1 imi ts of City r or to be
annexed under the provisions of Article II hereof, shall be immune
from annexation by city during the term hereof (except as hereinafter
provided) and shall have no right to have extended to it any' services
by City, and that all of said land, includ ing that which has been
heretofore or which may be annexed pursuant to the later provisions
of this Agreement, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivisions of land,
(b) prescribing any building, electrical, plumbing or inspection
code or codes, or (c) attempting to exercise in any manner whatever
control over the conduct of business thereon; provided, however, it
is agreed that Ci ty shall have the right to institute or intervene
in any judicial proceeding authorized by the Texas Water Code or the
Texas Clean Air Act to the same extent and to the same intent and
effect as if all land covered by this Agreement were located wi thin
the corporate limits of City.
II.
(A) A portion of the hereinabove described property has hereto-
fore been annexed by City. Company has filed with City, coincident
wi th the execution hereof, its petition to Ci ty to annex an add i-
tional portion of the hereinabove described property, to the end
that twenty-f ive per cent (25%) of the total value of the land and
improvements hereinabove described shall be annexed to City. Com-
pany agrees to render and pay full City ad valorem taxes on such
annexed land and improvements, and tangible personal property.
(l) For tax years 1980 and 1981, Company also agrees to render
and pay an add i tional amount "in I ieu of taxes" on Company's
land, improvements, and tang ib1e personal property in the un-
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Industrial District Agreement - 4
annexed area to the end that Company's payment of taxes on the
annexed area, combined with its payment of "in lieu of taxes"
on the unannexed area, will equal forty-five percent (45%) of
the amount of ad valorem taxes which would be payable to Ci ty
by Company if all of the hereinabove described property had
been within the corporate limits of City.
(B) The Texas Property Tax Code (S. B. 62l; Acts of, the 65th
Texas Legislature, Regular Session, 1979) will be effective for 1982
and subsequent years hereunder. Under the terms of said Act, the
appraised value for tax purposes of the annexed portion of land,
improvements, and tang ible personal property shall be determined by
the Harris County Appraisal District. The parties hereto recognize
that said District has no authority to appraise the land, improve-
ments, and .tang ible personal property in the unan.nexed area for the
purpose of computing the "in lieu" payments hereunder. Therefore,
for 1982 and subsequent years under this Agreement, the parties
agree that the appraisal of the land, improvements, and tang ible
personal property in the unannexed area shall be conducted by City,
at City's expense, by an independent appralser of Cityis selection.
The parties recognize that in making such appraisal for "in lieu"
payment purposes, such appraiser must of necessity appraise the
entire (annexed and unannexed) land, improvements, and tangible
personal property. Company agrees to render and pay full. Ci ty ad
valorem taxes on such annexed land, improvements, and tangible per-
sonal property.
-( l) For tax year 1982 and thereafter, Company also agrees to
render to City and pay an amount "in lieu of taxes" on Company's
land, improvements, and tang ible personal property in the un-
annexed area equal to forty-five percent (45%) of the amount of
ad valorem taxes which would be payable to City if all of the
hereinabove described property had been within the corporate
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Industrial District Agreement - 5
limits of City and appraised by City's independent appraiser,
reduced by the amount of City's ad valorem tax on the annexed
portion thereof as determined by appraisal by the Harris County
Appraisal District.
Nothing contained in Article II (B) (l) shall ever be construed
as in derogation of the authority of the Harris County Appraisal
District to establish the appraised value of land, improvements,
and tangible personal property in the annexed portion, for ad valorem
tax purposes.
III.
This Agreement shall extend for a period beginning on the lst day
of January, 1980, and continue thereafter until December 31, 1986,
unless extended for an additional period or periods of time upon mutu-
al consent of Company and City as provided by the Municipal Annexation
Act; prov ided, however, that in the event this Agreement is not so
extended for an additional period or periods of. time on or before
August 3l, of the final calendar year of the term hereof, the agree-
ment of City not to annex property of Company wi thin the District
shall terminate. In that event, City shall have the right to com-
mence immediate annexation proceedings as to all of Company's property
covered by this Agreement, notwithstanding any of the terms and pro-
visions of this agreement, and in such event Company agrees that if
the Texas Municipal Act, Article 970a (V.A.T.S.), is hereafter amended
or any new legislation is enacted by the Legislature of the State of
Texas which imposes greater restrictions on the right of City to
annex land belong ing to Company or imposes further obI igations on
City in connection therewith after the annexation of such land,
Company will waive the right to require City to comply with any such
additional restrictions or obligations and the rights of the parties
shall be then determined in accordance wi th the provisions of said
Texas Municipal Annexation Act as the same exists on the date of
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Industrial District Agreement - 6
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execution of this Agreement. This Agreement may be extended for an
additional period or periods by agreement between City and Company
and/or its assigns even though it is not extended by agreement
between City and all of the owners of all land wi thin the Distd.ct
of which it is a part. In this connection, City hereby expresses
its belief that industrial district agreements of the kind made
herein are conducive to the development of existing and future indus-
try and are to the best interest of all citizens of City and encour-
age future City Commissions to enter into future industrial district
agreements and to extend for additional periods permitted by I a \'1
this Industrial District Agreement upon request of Company or it-.s
assigns; prov ided, however, that notrying herein contained shall be
deemed to obligate either party hereto to agree to an extension of
this Agreement.
IV.
Company agrees to pay all ad valorem taxes, and all."in lieu of
taxes" payments hereunder, to City on or before December 3l of each
year during the term hereof. It is agreed that presently the ratio
of ad valorem tax assessment used by City is eignty per cent (80%) of
the fair market value of property. Any change in such ratio used by
Ci ty shall be reflected in any subsequent computations hereunder.
This Agreement shall be subject to all provisions of law relating to
e determination of value of land, improvements, and tangible personal
property, for tax purposes (e.g., rendition, assessment, Board of
Equalization procedure, court appeals, etc.) for purposes of fixing
and determining the amount of ad valorem tax payments, and the amount
of "in lieu of tax" payments hereunder, except as otherwise provided
in Articles II and V hereof.
V.
(A) In the event Company elects to protest the valuation for
e tax purposes set on its said properties by Ci ty or by the Harris
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Industrial District Agreement - 7
County Appraisal District for any year or years during the terms
hereof, nothing in this Agreement shall preclude such protest and
Company shall have the right to take all legal steps desired by it
to reduce the same. Notwithstanding such protest by Company, Company
agrees to pay to Ci ty on or before the date therefor hereinabove
provided, at least the tot'al of (a) the total amount of ad valorem
taxes on the annexed portions, plus (b) the total amount of the "in
lieu of taxes" on the unannexed portions of Company's hereinabove-
described property which would be due by Company to City in accord-
.
ance with the foregoing provisions of this Agreement on the basis of
renditions which shall be timely filed by Company with City's Tax
Assessor-Collector or with both the City and the Harris County
Appraisal District (as the case may be) for that year.
When the
City or Harris County Appraisal District (as the case may be) valua-
tion on said property of Company has been so finally determined,
either as the result of final judgment of a court of competent juris-
diction or as the result of other final conclusion of the controversy,
then wi thin thirty (30) days thereafter Company ,shall make payment
to City of any additional payment due hereunder based on such final
valuation.
(B) Should Company disagree wi th any appraisal made by the
independent appraiser selected by City pursuant to Article II(B)
. above (which shall be given in writing to Company), Company shall,
within twenty (20) days of receiving such copy, give written notice
to the Ci ty of such disagreement.
In the event Company does not
give such written notice of disagreement within such time period,
the app1:aisal made by said independent appraiser shall be final and
controlling for purposes of the determination of "in lieu of taxes"
payments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall
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also submit to the City with such notice a written statement setting
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Industrial District Agreement - 8
forth what Company believes the market value of Company's herein-
above described property to be.
Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an agree-
ment as to the market value of' Company's property for. II in lieull
purposes hereunder.
If, after the expiration of thirty (30) days
from the date the notice of disagreement was received by City, the
parties have not reached agreement as to such market v~lue, the
parties agree to submit the dispute to final arbitration as pro-
vided in subparagraph (l) of this Article V(B).
Notwithstanding
any such disagreement by Company, Company agrees to pay to City
on or before December 31 of each year during the term hereof, at
least the total of (a) the ad valorem taxes on the annexed portions,
plus (b) the total amount of the lIin lieull .payments which would be
due hereunder on the basis of Company's valuations rendered and/or
submitted to City by Company hereunder.
(l) A board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be named
by those two.
In case of no agreement on ~his arbi trator in
10 days, the parties will join in a written request that the
Chief Judge of the U. S. District Court for the Southern Dis-
trict of Texas appoint the third - arbi trator who, (as the II Im-
partial Arbitratorll) shall preside over th~. arbitration pro-
ceeding. The sole issue to be determined in the arbi tration
shall be resolution of the difference between the parties as
to the fair market value of Company's property for calculation
of the II in lieull payment and total payment hereunder for the
year in question. The Board shall hear and consider all rele-
vant and material evidence on that issue including expert
opinion, and shall render its written decision as promptly as
practicable. That decision shall then be final and binding
upon the parties, subject only to judicial review as may be
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Industrial District Agreement - 9
available under the Texas General Arbitration Act (Articles
224-238, Vernon's Annotated Revised Civil Statutes of Texas).
Costs of the arbitration shall be shared equally by the Com-
pany and the City, provided that each party shall bear its
own attorneys fees.
(C) Should the provisions of Article II(B) of this Agreement
become impossible of enforcement because of (l) the invalidity or
unenforceability of the Texas Property Code (S.B. 621, Acts of the
65th Texas Legislature, Regular Session, 1979), or any relevant
provision thereof, or (2) because of any material delay or failure
to act on the part of the Harris County Appraisal District, then
and in any of such events ,all payments under this Agreement shall
be governed by the provisions of Article II(A) hereof; anything
to the contrary in this Agreement notwithstanding.
VI.
City shall be entitled to a tax lien on Company's above-described
property, all improvements thereon, and all tang ible personal prop-
erty thereon, in the event of defaul t in payme~t of "in lieu of
taxes" payments hereunder, which shall accrue penal ty and interest
in like manner as delinquent taxes, and \.,hich shall be collectible
by City in the same manner as provided by law for delinquent taxes.
VII.
Company agrees to provide to City at Company's expense, a survey
plat and field note description of the land and improvements which
Company petitions to be annexed in accordance with the provisions of
Article II above.
Such annexation tract shall be contiguous to a
point on the existing corporate iimits of La Porte. In the event of
failure of Company to file either such petition, or such description,
City shall have the right by notice in wl:iting to Company to cancel
and terminate this Agreement.
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Industrial District Agreement - 10
VIII.
This Agreement shall inure to the benefit of and be binding upon
City and Company, and upon Company's successors,..and assigns, affili-
ates and subs id iaries, and shall remain in force whether Company
sells, assigns, or in any other manner disposes ofr either voluntar-
ily or by operation of law,. all or any part of the property belonging
to it within the territory hereinabove described, and the agreements
herein contained shall be held to be covenants running with the land
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owned by Company situated within said territory, for so long as this
Agreement or any extension thereof remains in force.
IX.
If City enters into an Agreement with other landowner with
respect to an industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend this
Agreement and City agrees to amend same to embrace the more favorable
terms of such agreement or renewal agreement.
ENTERED INTO this l5th day of August, 1979.
SOUTHWEST CHEMICAL SERVICES INCORPOPfCb~PANY)
BY~ ~ c::.7.?." '.
harles P. Lewis, Vice President-Finance
NfTES'l' :
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Industrial District Agreement - II
ATTEST:
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APPROVED BY COUNSEL:
KNOX W. ASKINS, City Attorney
702 W. Fairmont Parkway
P. O. Box l218
La Porte, Texas 7757l
Telephone: (713) 471-l8B6
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ATTORNEY FOR COMPANY
CITY OF LA PORTE
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By~ J
J. J. Meza, Mayor
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Commlssloner
&,~ ~~~ioner
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(- .~6
City Commissioner
(Revised: 8-79)
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Ex;J/I~ IT
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l. Thc I:tlld rdcnt''' (" ill this I'llliry is ill
('o,,"f\' ,l,'\:IS :111" j.; lk'rl ih'" ;l\ klll"\"
(l;ltT is
(Tr<lct I-A)
Ten (0) <1cre:, ofbl1d Ollt of and p;lrt of Lots 21 and 22 o[ the Sll-;lllgC
Suhdivision in the EIl\1ch Brinson Survey. Ahstract 5, lClcilted in Jl;lrris
County, Tex<ls. ,lccordinr, to -the map or pInt thereof recorded in Volume 75,
l';lge 22'of the Deed Hecords of lIarris County, Tex<ls, SAVE MiD EXCEPT: ;l
0.003 acre tract conveyed to the State of Texas, said property being more
particularly described in deed filed under Harris County Clerk's File N~.
C-2l,0383, and also being recorded in Volume 6226, Page 228 of the Deed Rcrords
of /I<lrris County, Tex;Js, and being more particularly described by metes and
hOlll1ds in Exhibit "A" iltt<lchcd hereto and made a part hereof:
(Tract l-U)
A tUlct of LInd beinr, O. 711, acre out of the Enoch nringon Survey. Ahs trnct 5,
llolrris, COllnty, TCX,lS and heing more particul:1rly described by metes and
bounds on Exhihit "A" attached hereto and made dpart hereof:
(Tract I-C)
A tr<1ct of land cont;li.ning 0.ld03 acres out of Lots 21 and 22 of the Strang
Subdivision in the Enoch Brinson Survey, Abstract 5,'an addition in Harris
County, Texas, according to the map or plat thereof recorded in Volume 75, Page
22 of the Deed necords of Harris County, Texas, and being more particularly
d(~scrihecl by metes and hounds on Exhibit "A" attached hereto and made a part
hereof: - .
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EXHIBIT "A"
TRACT I-A
Ten (10) acres of land in Lots 21 and 22 of the Strang Subdivision in the
Enoch Brinson Survey, Abstract No.5, Harris County, Texas, according to
the plat thereof recorded in Volume 75, Page 22 of the Harris County
Deed Records, being part of the land conveyed by Olive H. Good to E.
J. Klein, et aI, by deed dated November 10, 1941, recorded inVoltunc
1196, Page 725, of the Deed Records of Harris County, Texas, said 10
acres being more particul~rly described as folloWG:
COHHENCING at an iron pipe in the south line of Lot 21 in said subdi-
vision located West 304 feet frOIn the southeast corner of said Lot 21,
said pipe being also at the southwest croner of an 8.504 acre tract
conveyed by E. J. Klein, et aI, to the Houston Lighting and Power Company
by deed dated July 29, 1953, and recorded in Volume 2643, Page 151,
of the Deed Records of Harris County, Texas;
THENCE N. 0 deg. 07 min. W. 41 feet along the west line of said 8.504
acre tract to an iron rod at the PLACE OF BEGINNING:
THENCE N. 0 deg. 07 min. W. 790 feet along the west line of said 8.504
acres and the west line ~f an easement granted to the T. & N. o. R.
R. Co. by the Houston Lighting and Power Corr.pany, to an iron rod in the
south line of Strang Road based on a width of 60 reet;
THENCE West 551.39 feet along the south line of said road to an iron rod;
THENCE S. 0 deg. 07 min. E. 790 feet to an iron rod;
THENCE East 551.39 feet to the PLACE OF BEGINNING.
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EXIII13IT "11"
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BEING a 0.714 ~cre tract of land out of an .J
822 .154-acre~-~ac-t-o-f-rand-crcscribed in deed dated
j.1arch 29, 19114, from H. C. Cockburn to E. I. du Pont
de Nei:iours and COl:1pc:.ny,. recorded in Volun-~ 1318; paGe
364, Harris County Deed Records, said 0.714 acre .tract
of land being Do~e particularly described as follows:
BEGINNING at the ooint of intersection of the
north line of said 822:l5~-ac~e tract .of land with
the northeasterly line of the right of way of Texas
State High\'l2.Y No ~ 225 us established by deed dc?.tcc1
June 3, i966.., und r~cordcd in Volwrl2 G1151, pase 115,
Harris County Dcccl H~corcl~, S(l.id point b~illG !!larked
by a 5/3-inc,n iron rod, and running thence
:-0 In an east~rly direction along the north
line of said 822.154-acre tract' of land, a distance
or 415.50 feet to a point for- corner in the west
line of a lID-foot ,.:lde easer.:ent g'r2.nted to Houston
Lighting & PO~1er Co~~any by docu~e~t dated June 6,
1966, and recorded inoVol~~e 7033; paGe 197, Harris
County Deed ~ecords; ~,he.~ce
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of" S2.1<1 Ho'..1s t: on I.i:::l tin;:; " Poo,,~:, Co::;~any t S l'IO-foot
wide eUsc~cnt a dis~~nc2 of 14~.72 feet to a point
for Ccrp.~r in the r.orth~~~tc:,ly line of th~ ri~ht of
\-my of Te;<~s S:;~tc i:l:'h~.:.J.Y ~:o. ;'25: thence "
0.. north 700 13 t. 12" H€'st along said ~ort~-
easterly line of" the right of way of" Texa~ 0tate
Highway No. 225 a distance of 442.43 feet to the
point and place o~ be~inning.
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EYJIIDIT "1\"
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Tract of land consisting of 0.4301 acres beinG' out of Lo b; 'l\I,'Cll h'-Ollt'
(21 ) and Twe n t y~ t</o (22) orcne S t ra I;-~ SUlicl i v is ion, "" per IlIll p o~' i, b '
of said subdivision recorded in Vol. 75, P&". 22, of the Deed Records (
H:t:i;l.is Count:r, Texas, in 1=he Enoch Brinson Survey, Abst. #5, in Harri~-
County, Texas, and morc particularly described by metes and bounds as
follo~s: _
BEGIN~ING :1.t a Doint for corner-on the_ Northeasterly line of State
Hif:]~way 225, 370.00 fect wide, said bcg-il1l1in~ .cerner be ing located
S 6S deg. 5"5' 03" E, a distance of 231.1.78 fect, froTa a i inch iron r(,
In:lrking the intersection of the Northeasterly lin-e of St:l.tc Hit;hway 2")
370.00 feet wide, arid the South line of Strang Road, GO fect Wide;
THENCE S 69 de:;. 55'. 03"~..EJ ~1ong the NOl~thc~sterly line of State
Hi~llW:lY 225, 370.00 feet wide; n distance of 119_~O feet to n point fo
. corner on the South line 'of the aforesaid Lot 22, on the South line oi
Str~nc SUbdivision;
- 58' 57" E 'alonlT the South line of Strang Subdivi-.
.- 'l'Tt:SNCE S S 9 <leg.. c> . ,
. --. . f 401 22 feet to a pOlnt for corner;. ;
:.i1on, a dJ.stance 0 06.' 05" W a distance of 41.00 feet to a point for
THENCE.N 0 deg.. I _. .
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.:=orner;. , 57" t1 d~stance of 513..39 feet -to PLACE OF..
THENCE N 89 dcg. 58 1/1 a ~
IJEGINNUIG. '~9
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ORDINANCE NO. 4
AN ORDINANCE AMENDING aIAPTER 25, "TRAFFIC, II OF THE CODE OF ORDINANCES OF THE
CITY OF LA PORI'E, ESTABLISHING TRUCK ROlJI'ES AND GROSS WEIGHT LIMITS; PROVIDING
THAT ANi PERSON VIOLATING WE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY
OF A MISDEMEANOR AND SHALL UroN CONVIcrION BE FINED NOr ro EXCEED 'lWO HUNDRED
DOLLARS ($200.00); CONTAINING SEVERABILITY AND REPEALING CLAUSES; FINDING COMPLI-
ANCE WI'IH THE OPEN MEETINGS I:.AW; AND PROVIDING AN EFFEcrlVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE:
WHEREAS, the City of La Porte has under its general police powers the power
to enact ordinances and regulations deemed necessary for the preservation and
irrprovement of the health, safety and welfare of its inhabitants; and
WHEREAS, the City Commission of the City of La Porte finds that the present
. volume, gross weight, and unrestricted routing of truck. traffic within the City
of La Porte is to the material detriment of the health, safety and welfare of
the inhabitants of the City of La Porte in at least the following respects, to-wit:
(a) '!he public streets in the City of La Porte are not engineered, con-
structed, or maintained to withstand the large volurre of heavy truck.
traffic which they are nON sustaining, resulting in the damage and
destruction of these streets to the inconvenience of the traveling
public, with attendant expense to the taxpayers.
(b) '!he large volurre of through heavy truck. traffic on the City of La Porte
public streets, most of which have no sidewalks and are therefore used
by pedestrians, particularly school children of tender years, consti-
tutes a significant traffic hazard and potential danger to life, which
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can at least be partially averted by confining such heavy truck. traffic
to designated truck routes.
(c)
'!he City of La Porte is situated in an area of extensive manufacturing
operations of chemical and petrochemical products, many of which are
toxic, flammable, and/or explosive, which products, together with raw
materials for their manufacture, comprise a significant portion of the
truck. traffic within the city, constituting a hazard to life and prop-
erty which can be significantly reduced by confining such heavy truck
traffic to designated truck. routes.
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Ordinance No. I~ )'}
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(d) '!he present unrestricted rrovement of heavy truck traffic on the public
streets of the City of La Porte has caused a relative decline in the
value of properties ab..1tting such public streets, thus resulting in
a loss in ad valorem tax revenue for the City of La Porte.
(e) The present unrestricted rrovement of heavy truck traffic on the public
streets of the City of La Porte has caused a relative decline in the
market value of property, the use and enjoyment of property, the enjoy-
ment of life, and the general welfare of the inhabitants of the City
of La Porte who live near the public streets used by such heavy truck
traffic.
(f) '!be truck routes established by this Ordinance will provide adequate
ingress and egress through the City of La Porte for all truck traffic
of gross weights which can be sustained by the public streets of the
City of La Porte without undue damage to such streets.
(g) Confining heavy truck traffic to the truck routes herein established
will materially contribute to the health, safety and welfare of the
inhabitants of the City of La Porte, and that of rrotorists and pedes-
trians who must use its public streets.
Section l. '!he COOe of Ordinances of the City of La Porte, Chapter 25,
"Traffic," Article V, "Truck Routes and Gross Weight Limits," is hereby amended
and shall hereafter read as follows:
Article V. Truck Routes and Gross Weight Limits
Sec. 25-80.
~finitions. (NO CHANGE)
Sec. 25-81. ~signation.
For the purposes of this article, those streets and thoroughfares within
the corporate limits of the City which are emnnerated as follows are hereby
designated as truck routes:
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Ordinance No. ~, Page 3.
Route
Extent
State Highway 225
New State Highway l46
Entire extent within corporate limits
Entire extent within corporate limits
Barbours Cut Boulevard
(formerly Crest Lane)
New State Highway l46 East to corporate
limits
l6th Street
West Main (formerly kna.m as Spencer
Highway) south to Fainnont Parkway
(formerly known as South J Street)
Fairmont Parkway (also known as
South J Street)
South Broadway Street (also kna.m as
Spur 501) to west corporate limi ts
South Broadway Street
(also known as Spur 501)
Fainnont Parkway (also kna.m as South
J Street) to south corporate limits
Wharton Weems Boulevard
(also known as Spur 498)
Entire extent within corporate limits
West Main Street
(also known as Spencer Highway)
9th Street to west corporate limits
Sec. 25-82. Use required generally. (NO CHANGE)
Sec. 25-83. Exception to Section 25-82 - Point of origin.. (NO CHANGE)
Sec. 25-84. Same -- Tb, fram terminal.
Vehicles restricted to truck routes may depart from a point on such desig-
nated truck route for the purpose of traveling to and from a truck terminal,
provided that such vehicle proceeds by the nost direct route to or from the
applicable truck terminal. Residential property shall not be used for truck
terminals nor for parking of trucks.
Sec. 25-85. Same -- IDading, unloading. (NO CHANGE)
Sec. 25-86. Gross weight limits generally.
(A) Except as otherwise provided ~ law, no cOl1llrercial motor vehicle,
truck-trailer, trailer or semi-trailer, nor combination of such vehicles, shall
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Ordinance No. ~, Page 4.
be operated over, on, or upon the public streets, and highways within the cor-
porate limits, having a weight in excess of one or more of the fOllONing limita-
tions:
(1) No such vehicle nor combination of vehicles shall have a greater weight
than twenty thousand (20,000) pounds carried on anyone axle, including
all enforcement tolerances; or within a tandem axle weight in excess
of thirty-four thousand (34,000) pounds, including all eniorcement
tolerances; or with an overall gross weight on a group of two (2) or
more consecutive axles produced by application of the follONing fOrIlUlla:
IN
) + 12N of 36
W = 500
N-I
where W = overall gross weight on any group of two (2) or more consecu-
tive axles to the nearest five hundred (500) pounds, L = distance in
feet between the extreme of any group of two ( 2) or more consecutive
axles, and N = number of axles in group under consideration, except
that two (2) consecutive sets of tandem axles nay carry a gross load
of thirty-four thousand ( 34,000) pounds each providing the overall
distance between the first and last axles of such consecutive sets of
tandem axles is thirty-six (36) feet or more; provided, that such
overall gross weight nay not exceed eighty thousand (80,000) pounds,
including all enforcement tolerances.
(2) No such vehicles nor combination of vehicles shall have a greater
weight than six hundred (600) pounds per inch width of tire upon any
wheel concentrated upon the surface of the highway and using high
pressure tires, and a greater weight than six hundred and fifty (650)
pounds per inch width of tire upon any wheel concentrated upon the
surface of the highway and using low-pressure tires, and no wheel shall
carry a load in excess of eight thousand (8,000) pounds on high pressure
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Ordinance No. ~, Page 5.
tires and ten thousand (lO,OOO) pounds on low pressure tires, nor any
axle a load in excess of sixteen thousand (l6,000) pounds on high
pressure tires, and twenty thousand ( 20 , 000 ) pounds on low pressure
tires.
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(3) Nothing in this section shall be construed as pennitting size or weight
limits on the national system of interstate and defense highways within
the corporate limits of the City of La R:>rte in excess of those per-
mitted under 23 U.S.C. Section l27. If the federal government pre-
scribes or adopts vehicle size or weight limits greater than those
prescribed by 23 U.S.C. Section l27 for the national system of inter-
state and defense highways, the increased limits shall become effective
on the national system of interstate and defense highways wi thin the
corporate limits of the City of La R:>rte.
(4) In this section, an axle load is defined as the total load transmitted
to the road by all wheels whose centers may be included between two
( 2) parallel transverse vertical planes forty (40 r inches apart, extend-
ing across the full width of the vehicle. Tandem axle group is defined
as two (2) or rrore axles spaced forty (40) or more inches apart from
center to center having at least one COIl1lIDn point of weight suspension.
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(5) (a) Any police officer having reason to believe that the gross weight
or axle load of a loaded rrotor vehicl~ is unlawful, is -.authorized to
weigh the same by means of portable or stationary scales approved by
the police departIrent of the City of La R:>rte for such use, or the
police officer may cause the loaded motor vehicle to be weighed by
any public weigher and may require such vehicle to be driven to the
nearest available scales for the purpose of weighing.
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(b) In the event that the gross weight of a vehicle weighed pursuant
to subsection (a) above is found to exceed the maximum gross weight
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Ordinance No. ~, Page 6.
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authorized by law, plus a tolerance allowance of five (5) per cent
of the gross weight authorized by law, such police officer shall
demand and require the operator or owner of the rotor vehicle to unload,
or cause to be unloaded, such portion of the load as is necessary to
decrease the gross weight of such to the maximum permitted by law
plus such tolerance allowance. Such vehicle may not be operated fur-
ther over the public streets and highways within the City of La Forte
until the gross weight of the vehicle has been reduced to a weight not
in excess of the maximum authorized by law plus such tolerance allow-
ance except as authorized under subsections (d) or (e) below.
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(c) In the event that the axle load of a vehicle weighed pursuant
to subsection (a) above is found to exceed the maximum authorized
by law, plus a tolerance allowance of five (5) per cent of the axle
load authorized by law, such police officer shall demand and require
the operator or owner of the motor vehicle to decrease the axle load
to the maximum authorized by law plus such tolerance allowance. '!he
owner or operator may reduce such load by rearranging the cargo, if
possible, or by unloading or having others to unload such portion of
the cargo as is necessary to decrease the axle load to the maximum
authorized by law plus such tolerance allowance. Such vehicle may
not be operated further over the public streets and highways within
the City of La Porte so long as any axle load exceeds the maximum
authorized by law plus such tolerance allowance except as authorized
under subsection (d) or (e) below.
(d) If the load of a motor vehicle consists of livestock, the operator
shall be permitted to proceed to the destination without unloading
providing the destination is within the State of Texas.
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(e) If the gross weight of a rotor vehicle or an axle load exceeds
the maximum permitted by law plus a tolerance of five (5) per cent
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Ordinance No. ~, Page 7.
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of the gross weight authorized by law, but the police officer believes
that the cargo cannot be unloaded or rearranged safely at the place
where such vehicle was weighed, or the police officer believes that
the unloading or rearranging of the cargo at such place would create
an unreasonable disruption of traffic, he shall require the operator
to proceed to a location where the cargo can be unloaded or rearranged
safely without causing disruption to traffic. Such location shall
be the nearest such place on city property, or property under the con-
trol of the driver or his principal, or on property where consent has
been given for such loading and where it is feasible to unload or
rearrange such cargo.
(B) Any person desiring to operate a vehicle on city streets in excess of
the load limit set out herein shall first obtain a special permit from the city
Inspection Departrrent and such permit shall not be issued unless reasonably
necessary.
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(C) '!he limitation as to weight prescribed by this ~ction shall not apply
to road rollers or other road making or road repairing nachinery being roved or
used on a street by the United States, the state, the city, or any contractor
roving or using such road nachinery in the performance of or preparatory to the
perforrrance of a contract with either the United States, the state or the city,
but in event of any such road making or road repairing nachinery of a weight in
excess of the limit set out herein being roved over the streets or bridges in
the city, the person charge thereof shall first obtain from the Inspection Depart-
ment a permit for such movement, which permit shall designate the route or streets
and also the bridges over which such rrovement shall take place, and such nachinery
nay then be rroved, but not elsewhere than over such designated routes.
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(D) /my person rroving or causing to be rroved a load which, together with
the weight of the vehicle, exceeds the limit as set out herein, shall be liable
to the city for any damage done by any such excessively loaded vehicle to the
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Ordinance No. Idl j
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streets, bridges, or culverts in the city and the acceptance of either of the
permits provided for in this section shall be conclusive evidence that the person
to whom such permit is issued agrees to make good and pay all such damages upon
denand thereof made by the city.
(E) 'lhe driver, owner, operator, or other person operating or driving any
commercial motor vehicle, truck, tractor, trailer or semi-trailer or combination
of such vehicles, over, on, or upon city streets or public highways within the
limits of the City of La. Porte, shall corrply with the provisions of Article
670ld-ll, Section 5(03), of the Revised Civil Statutes of the State of Texas.
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(F) '!he driver, owner, operator, or other person operating or driving any
commercial motor vehicle, truck, tractor, trailer or semi-trailer or combination
of such vehicles, over, on, or upon city streets or public highways within the
limits of the City of La Porte, who fails to corrply with the provisions of this
section, shall be guilty of a misdemeanor and upon conviction shall be fined in
any sum not exceeding two hundred dollars ($200.00).
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Sec. 25-87. Signs, markings.
(A) When signs are erected giving notice thereof, no person shall operate
any vehicle with a gross weight in excess of the amounts specified on such signs
at any time upon any of the streets or parts of streets so signed. Under this
section, as vehicle weight is indicated by the number of axles supporting such
vehicles, signs limiting the number of axles on through vehicles shall be offi-
cial.
(B) When signs are erected stating "No Through Trucks", no person shall
operate any commercial vehicle exceeding three thousand (3,000) pounds gross
weight at any time upon any of the streets or parts of streets so signed, except
that such vehicles may be operated thereon for the purpose of delivering or
picking up materials or merchandise or for vehicle storage and then only be
entering such street at the intersection nearest the destination of the vehicle
and proceeding no farther than the nearest intersection thereafter.
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Ordinance No. ~/f
, Page 9.
Sec. 25-88. Alternate routes. (NO CHANGE)
Sec. 25-89. Limitation on length of vehicles.
No motor vehicle, commercial vehicle, truck-tractor, trailer or semi-trailer
shall exceed a length of forty feet (40'), except it shall be lawful for refrig-
eration equipnent installed in a trailer or semi-trailer for the purpose of
refrigerating the cargo thereof to overhang the front of such vehicle, even though
such overhang would make the total length of such vehicle more than forty feet
(40'). When any such truck-tractor and semi-trailer are operated in combination,
no such combination of a truck-tractor and semi -trailer coupled together shall
exceed a total length of fifty-five feet (55'), and when operated in any combi-
nation of such vehicles coupled together, including but not limited to a truck
and semi -trailer, truck-tractor and two (2) trailers, then no such other combi-
nation of such vehicles coupled together shall exceed a length of sixty-five
feet (65'). '!he limit of forty feet ( 40') on a semi -trailer shall not apply
when such semi-trailer is operated in a tractor-semi-tractor combination, if such
combination does not exceed fifty feet (50') in total leng~, and unless, in the
case of any combinations of such vehicles, same be operated by numicipal corpor-
ations in adjoining suburbs wherein such municipal corporation has heretofore
been using such or like equipment in connection with an established service to
such suburbs of the city. The provisions of this section shall not apply to
any disabled vehicle being towed by another vehicle to the nearest intake place
for repairs.
'!he above limitations shall not apply to any mobile home or to any combi-
nation of a mobile home and a IIDtor vehicle, but no IIDbile home and IIDtor vehicle
combination shall exceed a total length of fifty-five feet (55'). "Mobile home"
as used herein means a living quarters equipped and used for sleeping and eating
and which way be moved fran one location to another over a public highway by
being pulled behind a IIDtor vehicle.
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Ordinance No. .m-, Page 10.
Upon application therefor, the Inspection D=partment, in its discretion,
shall issue a permit authorizing any such applicant to operate in the outskirts
of the city a string of vehicles of greater length than herein limited, but in
no event longer than eighty-five feet (85') overall, and such permit shall be
limited to a specific job or definite period of time to be therein indicated.
.
Section 2. If any section, sentence, phrase, clause, or any part of any
section, sentence, phrase, or clause, of this ordinance 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 Canmission
to have passed each section, sentence, phrase or clause, or part theereof, irre-
spective of the fact that any other section, sentence, phrase or clause, or part
thereof, may be declared invalid.
Section 3. '!his Ordinance shall be effective fourteen (l4) days after its
passage and approval. '!he City Clerk shall give notice of the passage of this
ordinance by causing the caption hereof to be published in !=he official newspaper
in the City of La Porte at least twice within ten (10) days after the passage of
this ordinance.
Section 4. The City Canmission officially finds, determines, recites and
declares that a sufficient written notice of the date, hour, place and subject
_ of this meeting of the City Canmi.ssion was posted at a place convenient to the
public at the City Hall of the City for the time required by law preceding this
meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised
Civil Statutes Annotated; and that this meeting has been open to the public as
required by law at all times during which this ordinance and the subject matter
thereof has been discussed, considered and formally acted upon. The City Commis-
sion further ratifies, approves and confirms such written notice and the contents
and posting thereof.
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Ordinance No. Ie!) / ?
, Page 11.
PASSED AND APPROVED this the 16th day of July, 1980.
:OF0~
J. J. Meza, Mayor 1
r--
ATrEST:
zf~c;9.lfj)~
Clty Clerk
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APPROVED: I
'~
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City Attorney
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ORDINANCE NO.
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1220
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AN ORDINANCE AMENDING CHAPTER 26, ARTICLE II, "WATER, SEWERS
AND SEWAGE DISPOSAL," OF THE CODE OF ORDINANCES OF THE CITY
OF LA PORTE; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE:
Section 1. Sec. 26-11, Sub-paragraph (a), of Article II,
Chapter 26, of the Code of Ordinances of the City of La Porte
is hereby amended, to hereafter read as follows, to-wit:
(a) Each single-family dwelling unit individually
metered for the consumption of water shall be
charged for water service furnished by the
City, the following rates:
For the first 2,000
gallons, or part
thereof
$3.50 minimum
Allover 2,000 gal-
lons, or part
thereof
$1.00 per 1,000 gallons
.
(b) The monthly water service charge for duplex
units, apartment units, and individual trailer
units in trailer courts, with units not~1ridi-
vidually metered for water, will be determined
by multiplying the rate of three dollars and
fifty cents ($3.50) times the number of indi-
vidually constructed duplex or apartment units,
or times the number of existing trailers, in
the project. This amount represents the minimum
monthly charge for which 2,000 gallons of water
per unit may be used. The rate of $1.00 per
1,000 gallons will be paid on the remainder of
total consumption less the sum of 2,000 gallons
times the number of units." .
Section 2. Sec. 26-15, of Article II, Chapter 26, of the
Code of Ordinances of the City of La Porte is hereby amended, to
hereafter read as follows, to-wit:
Sec. 26-15. Sewer service charges.
.
There is hereby established a monthly charge, based upon
water usage, for sanitary sewer service furnished by City,
which charge~shall be included on the water bill:
(a) Each single-family dwelling unit individually
metered for the consumption of water, shall be
charged for sanitary sewer service a basic monthly
charge of three dollars and fifty cents ($3.50),
plus thirty-five percent (35%) of the total water
, bill.
(b) Commercial connections shall pay for sanitary sewer
service, at the same rates as single-family dwellings.
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(c) The monthly sewer service charge for duplex units,
apartment units, and individual trailer units in
trailer courts, with units not individually metered
for water, will be determined by multiplying the
rate of three dollars and fifty cents ($3.50) times
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Ordinance No. 12~ page 2
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the number of individually constructed duplex
or apartment units, or times the number of
existing trailers, in the project, plus thirty-
five percent (35%) of the water bill for the
current month.
Section 3.
The Oity Commission officially finds, deter_
mines, recites and declares that a sufficient written notice of
the date, hour, place and subject of this meeting of the City
Commission was posted at a place convenient to the public at the
City Hall of the City for the time required by law preceding
this meeting, as required by the Open Meetings Law, Article
6252-17, Texas Revised Civil Statutes Annotated; and that this
meeting has been open to the public as required by law at all
times during which this ordinance was the subject matter thereof
has been discussed, considered and formally acted upon. The
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City Commission further ratifies, approves and confirms such
writtne notice and the contents and posting hereof.
Section 4. This Ordinance shall be effective for all service
from and after October 1, 1980.
PASSED and APPROVED this the 16th day of July, 1980.
~LJ
City of La Porte
.~
J. J. flIeza, Mayor \
,...-
I,
ATTEST:
· rt!isrJeJ~J
Approved:
~/ ~ /7 /
L/{/ttl ~~t/.'
City Attorney
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ORDINANCE NO. /~,!11
AN ORDINANCE REGULATING THE DISCHARGE OF WASTES INTO THE SANITARY
SEWERS OF THE CITY OF LA PORTE TEXAS; ESTABLISHING A PERMIT SYSTEM;
ESTABLISHING A SYSTEM OF CHARGES FOR SERVICES RENDERED: REGULATING
UNSEWERED AND MISCELLANEOUS DISCHARGES: AND PROVIDING FOR ENFORCE-
MENT.
WHEREAS, the City of La Porte has provided facilities for the
collection and treatment of wastewater to promote the health,
safety, and convenience of its people and for the safeguarding of
water resources common to all: and
WHEREAS, provision has been made in the design, construction
and operation of such facilities to accommodate certain types and
quantities of industrial wastes in addition to normal wastewater;
and
WHEREAS, it is the obligation of the producers of industrial
waste to defray the costs of the wastewater treatment services
rendered by the City of La Porte in an equitable manner and, in-
sofar as it is practicable, in proportion to benefits derived:
and
WHEREAS, protection of the quality of the effluent and proper
operation of the wastewater collection and treatment facilities
and quality of effluent may require either the exclusion, pre-
treatment, or controlled discharge at point of origin of certain
types or quantities of industrial wastes; and
WHEREAS, the City of La Porte shall require future compliance
with any rules and regulations promulgated under Section 307 of
the Clean Water Act:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF LA PORTE, TEXAS:
SECTION l. DEFINITIONS. As used in this ordinance
(l) "APPROVING AUTHORITY" means the City Administrator or
his duly authorized representative.
(2) "B.O.D." (Biochemical Oxygen Demand) means the
quantity of oxygen by weight, expressed in mg/l,
utilized in the biochemical oxidation of organic
matter under standard laboratory conditions for
five (5) days at a temperature of twenty (20)
degrees centigrade.
(3) "BUILDING SEWER" means the extension from the
building drain to the public sewer on other
place of disposal (also called the house lateral
and house connection).
(4) "CITY" means the City of La Porte, Texas, or any
authorized person acting in its behalf.
(5) "C.O.D." (Chemical Oxygen Demand) means measure
of the oxygen consuming capacity of inorganic
and organic matter present in the water or
wastewater expressed in mg/l as the amount of
oxygen consumed from a chemical oxidant in a
specific test, but not differentiating between
stable and unstable organic matter and thus not
necessarily correlating with biochemical oxygen
demand.
.
.
ORDINANCE NO. /d'.:z/
Page 2
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(6) "CONTROL MANHOLE" means a manhole giving access
to a building sewer at some point before the
building sewer discharge mixes with other dis-
charges in the public sewer.
(7) "CONTROL POINT" means point of access to a
course of discharge before the discharge mixes
with other discharges in the public sewer.
(8) "GARBAGE" means animal and vegetable wastes
and residue from preparation, cooking and dis-
pensing of food; and from the handling, proc-
essing, storage and sale of food products and
produce.
(9) "INDUSTRIAL WASTE" means waste resulting from
any process of industry, manufacturing, trade,
or business from the development of any natural
resource, or any mixture of the waste with water
or normal wastewater, or distinct from normal
wastewater.
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(lO) "INDUSTRIAL WASTE CHARGE" means the charge made
on those persons who discharge industrial wastes
into the city's sewerage system.
(ll) "MILLIGRAMS PER LITER" (mg/l) means the same as
parts per million and is a weight-to-volume ratio;
the milligram-per-liter value multiplied by the
factor 8.34 shall be equivalent to pounds per
million gallons of water.
(l2) "NATURAL OUTLET" means any outlet into a water-
course, ditch, lake, or other body of surface water
or groundwater.
(13) "NORHAL DOMESTIC WASTEWATER" means wastewater ex"-
cluding industrial wastewater discharged by a per-
son into sanitary sewers and in which the average
concentration of total suspended solids is not
more than 300 mg/l and BOD is not more than 250
mg/l.
(l4) "OVERLOAD" means the imposition of organic or
hydraulic loading on a treatment facility in ex-
cess of its engineered design capacity.
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(l5) "PERSON" means any individual and includes any
corporation, organization, government or govern-
mental subdivision or agency, business trust,
estate, trust, partnership association, or other
legal entity.
(l6) "pH" means the logarithm (Base lO) of the recip-
rocal of the hydrogen ion concentration.
(l7) "PUBLIC SEWER" means pipe or conduit carrying
wastewater or unpolluted drainage in which owners
of abutting properties shall have the use, subject
to control by the City of La Porte, Texas.
.
(l8) "SANITARY SEWER" means a public sewer that conveys
domestic wastewater or industrial wastes or a com-
bination of both, and into which storm water, sur-
face water, groundwater, and other unpolluted
wastes are not intentionally passed.
.
.
ORDINANCE NO. /..2.</
Page 3
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(19) "SLUG" means any discharge of water, wastewater
or industrial waste which in concentration of
any given constituent or in quantity of flow,
exceeds for any period of duration longer than
fifteen (15) minutes more than five (5) times
the average twenty-four hour concentration or
flows during normal operation.
(20) "STANDARD METHODS" means the examination and
analytical procedures set forth in the latest
edition, at the time of analysis, of "Standard
Methods for the Examination of Water and Waste-
water" as prepared, approved, and published
jointly by the American Public Health Associa-
tion, the American Water Works Association, and
the Water Pollution Control Federation.
(2l) "STORM SEWER" means a public sewer which carries
storm and surface waters and drainage and into
which domestic wastewater or industrial wastes
are not intentionally passed.
(22) "STORM WATER" means rainfall or any other forms
of precipitation.
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(23) "SUPERINTENDENT" means the Water and Wastewater
Superintendent of the City of La Porte, Texas or
his duly authorized deputy, agent or representa-
tive.
(24) "SUSPENDED SOLIDS" (SS) means solids measured
in mg/l that either float on the surface of, or
are in suspension in, water, wastewater, or other
liquids, and which are largely, removable by a
laboratory filtration device.
(25) "TO DISCHARGE" includes to deposit, conduct,
drain, emit, throw, run, allow to seep, or other-
wise release or dispose of, or to allow, permit,
or suffer any of these acts or omissions.
(26) "TRAP" means a device designed to skim, settle,
or otherwise remove grease, oil, sand, flammable
wastes or other harmful substances.
(27 )
"UNPOLLUTED WASTEWATER" means water containing
(A) no free or emulsified grease or oil;
(B) no acids or alkalis;
(C) no phenols or other substances producing
taste or odor in receiving water;
(D) no toxic or poisonous substances in sus-
pension, colloidal state, or solution;
(E) no noxious or otherwise obnoxious or odorous
gases;
(F) not more than an insignificant amount in
mg/l each of suspended solids and BOD, as
determined by the Texas Department of Water
Resources; and
(G) color not exceeding fifty (50) units as
measured by the Platinum-Cobalt method of
determination as specified in Standard Methods.
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(28) "WASTE" means rejected, unutilized or superfluous
substances in liquid, gaseous, or solid form resulting
from domestic, agricultural, or industrial activities.
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ORDINANCE NO. /27/
Page 4
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(29) "WASTEWATER" means a combination of the water-
carried waste from residences, business buildings,
institutions, and industrial establishments, to-
gether with any ground, surface, and storm water
that may be present.
(30) "WASTEWATER FACILITIES" includes all facilities
for collection, pumping, treating, and disposing
of wastewater and industrial wastes.
(3l) "WASTEWATER TREATMENT PLANT" means any City-owned
facilities, devices, and structures used for
receiving, processing and treating wastewater,
industrial waste, and sludges from the sanitary
sewers.
(32) "WASTEWATER SERVICE CHARGE" means the charge on
all users of the public sewer system whose wastes
do not exceed in strength the concentration values
established as representative of normal waste-
water. And
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(33) "WATERCOURSE" means a natural or man-made channel
in which a flow of water occurs, either continu-
ously or intermittently.
SECTION 2. PROHIBITED DISCHARGES.
(a) No person may discharge to public sewers any waste which
by itself or by interaction with other wastes may
(l) injure or interfere with wastewater treatment
processes or facilities;
(2) constitute a hazard to humans or animals; or
(3) create a hazard in receiving waters of the waste-
water treatment plant effluent.
(b) All discharges shall conform to requirements of this
ordinance.
SECTION 3. CHEMICAL DISCHARGES.
(a) No discharge to public sewers may contain:
(l) cyanide greater than l.O mg/l;
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(2) fluoride other than that contained in the public
water supply;
(3) chlorides in concentrations greater than 250 mg/li
(4) gasoline, benzene, naphtha, fuel oil, or other
flammable or explosive liquid, solid or gas; or
(5) substances causing an excessive Chemical Oxygen
Demand (C.O.D.).
(b) No waste or wastewater discharged to public waters may
contain:
(I) strong acid, iron pickling wastes, or concentrated
plating solutions whether neutralized or not;
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(2) fats, wax, grease, or oils, whether emulsified or
not, in excess of one hundres (100) mg/l or con-
taining substances which may solidify or become
viscous at temperature between thirty-two (32) and
one hundred fifty (l50) degrees Fahrenheit (0 and
65 degrees Centigrade).
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ORDINANCE NO. /22/
Page 5
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(3) objectionable or toxic substances, exerting an
excessive chlorine requirement, to such degree
that any such material received in the composite
wastewater treatment works exceeds the limits
established by the Approving Authority for such
materials; or
(4) obnoxious, toxic or poisonous solids, liquids,
or gases in quantities sufficient to violate the
provisions of Section 2(a).
(c) No waste, wastewater, or other substance may be dis-
charged into public sewers which has a pH lower than
5.5 or higher than 9.5, or any other corrosive property
capable of causing damage or hazard to structures,
equipment, and/or personnel at the wastewater facilities.
.
(d) All waste, wastewater, or other substance containing
phenols, hydrogen sulfide, or other taste-and-odor pro-
ducing substances, shall conform to concentration limits
established by the Approving Authority. After treatment
of the composite wastewater, concentration limits may
not exceed the requirements established by state, federal,
or other agencies with jurisdiction over discharges to
receiving waters.
SECTION 4. HAZARDOUS METALS AND TOXIC MATERIALS.
(a) No discharges may contain concentrations of hazardous
metals other than amounts specified in subsection (b)
of this section.
(b) The allowable concentrations of hazardous metals, in
terms of milligrams per liter (mg/l), for discharge to
inland or tidal waters, and determined on the basis of
individual sampling in accordance with "Standard Methods"
are:
Not To Exceed
Daily Grab
Metal Average Composite Sample
(l) Arsenic O.l 0.2 0.3
(2) Barium l.O 2.0 4.0
(3 ) Cadmium 0.005 0.1 0.2
(4) Chromium 0.5 1.0 5.0
(5) Copper 0.5 l.O 2.0
(6) Lead 0.5 1.0 l.5
(7) Manganese 1.0 2.0 3.0
( 8) Mercury 0.005 0.005 0.01
. (9 ) Nickel l.O 2.0 3.0
(lO) Selenium 0.05 O.l 0.2
(ll) Silver 0.05 0.1 0.2
( l2) Zinc l.O 2.0 6.0
(Note: These concentration parameters and rules governing
same are promulgated under authority of Sections 5.l3l and
5.l32, Texas Water Code - HAZARDOUS METALS and in accordance
with Texas Department of Water Resources Rule l56.19.)
(c) No other hazardous metals or toxic materials may be dis-
charged into public sewers without a permit from the
Approving Authority specifying conditions of pretreat-
ment, concentrations, volumes, and other applicable pro-
visions.
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ORDINANCE NO.
/22/
Page 6
(d) Prohibited hazardous materials include but are nat
limited to:
(l)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9 )
(lO)
( ll)
(l2)
Antimony
Beryllium
Bismuth
Cobalt
Molybdenum
Uranyl ion
Rhenium
Strontium
Tellerium
Herbicides
Fungicides
Pesticides
SECTION 5.
PARTICULATE SIZE.
(a) No person may discharge garbage or other solids into
public sewers unless it is shredded to a degree that
all particles can be carried freely under the flow
conditions normally prevailing in public sewers.
Particles greater than one-half (~) inch in any dimen-
sions are prohibited.
(b) The Approving Authority is entitled to review and ap-
prove the installation and operation of any garbage
grinder equipped with a motor of three-fourths (3/4)
horsepower (0.76 hp metric) or greater.
SECTION 6. STORM WATER AND OTHER UNPOLLUTED DRAINAGE.
(a) No person may discharge to public sanitary sewers
(l) unpolluted storm water, surface water, groundwater,
roof runoff or subsurface drainage;
(2) unpolluted cooling water;
(3) unpolluted industrial process waters;
(4) other unpolluted drainage;
or make any new connections from inflow sources.
(b) In compliance with the Texas Water Quality Act and other
statutes, the Approving Authority may designate storm
sewers and other watercourses into which unpolluted
drainage described in subsection (a) of this section may
be discharged.
SECTION 7. TEMPERATURE.
No person may discharge liquid or vapor having a temperature
higher than one hundred fifty (l50) degrees Fahrenheit (65
degrees Centigrade), or any substance which causes the temper-
ature of the total wastewater treatment plant influent to
increase at a rate of ten (10) degrees Fahrenheit or more
per hour, or a combined total increase of plant influent to
one hundred ten (llO) degrees Fahrenheit.
SECTION 8. RADIOACTIVE WASTES.
(a) No person may discharge radioactive wastes or isotopes
into public sewers without the permission of the Approving
Authority.
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ORDINANCE NO.
~2/
,
Page 7
(b) The Approving Authority may establish, in compliance
with applicable state and federal regulations, regula-
tions for discharge of radioactive wastes into public
sewers.
SECTION 9. IMPAIRMENT OF FACILITIES.
(a) No person may discharge into public sewers any substance
capable of causing
(l) Obstruction to the flow in sewers;
(2) Interference with the operation of treatment
processes of facilities; or
(3) Excessive loading of treatment facilities.
(b) Discharges prohibited by Section 9(a) include, but are
not limited to, materials which exert or cause concentra-
tions of
(l) Inert suspended solids greater than 250 mg/l including
but not limited to
(A) Fuller's earth
(B) lime slurries; and
(C) lime residues;
(2) Dissolved solids greater than 500 mg/l including
but not limited to
(A) sodium chloride; and
(B) sodium sulfate;
(3) Excessive discoloration including but not limited
to
(A) dye wastes; and
(B) vegetable tanning solutions; or
(4) BOD, COD, or chlorine demand in excess of normal
plant capacity.
(c) No person may discharge into public sewers any substance
that may
(l) Deposit grease or oil in the sewer lines in such a
manner as to clog the sewers;
(2) Overload skimming and grease handling equipment;
(3) Pass to the receiving waters without being effectively
treated by normal wastewater treatment processes due
to the nonamenability of the substance to bacterial
action; or
(4) Deleteriously affect the treatment process due to
excessive quantities.
(d) No person may discharge any substance into public sewers
which
(1) Is not amenable to treatment or reduction by the
processes and facilities employed; or
(2) Is amenable to treatment only to such a degree that
the treatment plant effluent cannot meet the require-
ments of other agencies having jurisdiction over
discharge to the receiving waters.
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ORDINANCE NO. /.::l 2/
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(e) The Approving Authority shall regulate the flow and
concentration of slugs when they may
(l) Impair the treatment process;
(2) Cause damage to collection facilities;
(3) Incur treatment costs exceeding those for normal
wastewater; or
(4) Render the effluent unfit for stream disposal or
industrial use.
(f) No person may discharge into public sewers solid or
viscous substances which may violate subsection (a) of
this section if present in sufficient quantity or size
including but not limited to
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(1)
(2 )
(3)
(4)
(5)
(6)
(7)
(8 )
(9)
(lO)
(ll)
(l2)
( l3)
(l4)
(lS)
(l6 )
(l7)
( l8)
(l9)
(20 )
( 2l)
(22)
(23)
ashes;
cinders;
sand;
mud;
straw;
shavings;
. metal;
glass;
rags;
feathers;
tar;
plastics;
wood;
unground garbage;
whole blood;
paunch manure;
hair and fleshings;
entrails;
paper products, either whole or ground by garbage
grinders;
slops;
chemical residues;
paint residues; or
bulk solids.
SECTION lOa COMPLIANCE WITH EXISTING AUTHORITY.
(a) Unless exception is granted by the Approving Authority,
the public sanitary sewer system shall be used by all
persons discharging:
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(1) wastewater;
(2) industrial waste;
(3) polluted liquids;
(b) Unless authorized by the Texas Department of Water Re-
sources, no person may deposit or discharge any waste
included in subsection (a) of this section on public or
private property or into or adjacent to any:
(l) natural outlet;
(2) watercourse;
(3) storm sewer;
(4) other area within the jurisdiction of the city.
(c) The Approving Authority shall verify prior to discharge
that wastes authorized to be discharged will receive
suitable treatment within the provisions of laws, regula-
tions, ordinances, rules and orders of federal, state and
local governments.
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ORDINANCE NO. /.2.:z/
Page 9
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SECTION ll. APPROVING AUTHORITY REQUIREMENTS.
(a) If discharges or proposed discharges to public sewers
may
(1) Deleteriously affect wastewater facilities, processes,
equipment, or receiving waters;
(2) Create a hazard to life or health; or
(3) Create a public nuisance;
the Approving Authority shall require
(A) pretreatment to an acceptable condition for
discharge to the public sewers;
(B) control over the quantities and rates of
discharge; and
(C) payment to cover the cost of handling and
treating the wastes.
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(b) The Approving Authority is entitled to determine whether
a discharge or proposed discharge is included under sub-
section (a) of this section.
(c) The Approving Authority shall reject wastes when it
determines that a discharge or proposed discharge does
not meet the requirements of subsection (a) of this
section.
SECTION l2. APPROVING AUTHORITY REVIEW AND APPROVAL.
(a) If pretreatment or control is required, the Approving
Authority shall review and approve design and installa-
tion of equipment and processes.
(b) The design and installation of equipment and processes
must conform to all applicable statutes, codes, ordi-
nances and other laws.
(c) Any person responsible for discharges requ1r1ng pre-
treatment, flow equalizing, or other facilities shall
provide and maintain the facilities in effective operat-
ing condition at his own expense.
SECTION l3. REQUIREMENTS FOR TRAPS.
(a) Discharges requiring a trap include
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(l) Grease or waste containing grease in amounts that
will impede or stop the flow in the public sewers;
(2) Oil;
(3) Sand;
(4) Flammable wastes; and
(5) Other harmful ingredients.
Any person responsible for discharges requiring a trap
shall at his own expense and as required by the Approving
Authority
.
(l) Provide equipment and facilities of a type and
capacity approved by the Approving Authority;
(2) Locate the trap in a manner that provides ready and
easy accessibility for cleaning and inspection; and
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ORDINANCE NO.
/z.:z/
Page lO
(3) Maintain the trap in effective operating condition.
SECTION l4. REQUIREMENTS FOR BUILDING SEWERS.
(a) Any person responsible for discharges through a
building sewer carrying industrial wastes shall, at
his own expense and as required by the Approving
Authority
(l) Install an accessible control manhole;
(2) Install meters and other appurtenances to facilitate
observation sampling and measurement of the waste;
and
(3) Install safety equipment and facilities (ventila-
tion, steps...) where needed.
(4) Maintain the equipment and facilities.
SECTION 15. SAMPLING AND TESTING.
(a) Sampling shall be conducted according to customarily
accepted methods, reflecting the effect of constituents
upon the sewage works and determining the existence of
hazards to health, life, limb, and property.
(NOTE: The particular analysis involved will determine
whether a twenty-four (24) hour composite sample from
all outfalls of a premise is appropriate or whether a
grab sample or samples should be taken. Normally, but
not always, BOD and suspended solids analyses are ob-
tained from 24-hour composites of all outfalls. Where
applicable, l6-hour, 8-hour or some other period may
be required. Periodic grab samples are used to deter-
mine pH and oil and grease.)
(b) Examination and analyses of the characteristics of
waters and wastes required by the ordinance shall be
(l) Conducted in accordance with the latest edition
of "Standard Methods"; and
(2) Determined from suitable samples taken at the control
manhole provided or other control point authorized
by the Approving Authority.
(c) BOD and suspended solids shall be determined from com-
posite sampling, except to detect unauthorized discharges.
(d) The Approving Authority shall determine which users or
classes of users may contribute wastewater which is of
greater strength than normal domestic wastewater. All
users or classes of users so identified shall be sampled
for flow BOD, TSS and pH at least annually.
(e) City may select an independent firm or laboratory to
determine flow, BOD, and suspended solids, if necessary.
Flow may alternately be determined by water meter measure-
ments if no other flow device is available and not other
source of raw water is used.
SECTION 16. USER CHARGE SYSTEM.
(a) Persons making discharges of industrial waste into the
City of La Porte system shall pay a charge to cover all
costs of collection and treatment.
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ORDINANCE NO.
/22/
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Page II
(b) When discharges of any waste into the City of La Porte
system are approved by the Approving Authority, the
City or its authorized representative shall enter into
an agreement or arrangement providing
(l) Terms of acceptance by the City;
(2) Payment by the person making the discharge, in
accordance with the User Charge System as estab-
lished in Subpart (e) of this Section;
(3) Sewer connection procedures and requirements shall
be in accordance with the Southern Standard Plumb-
ing Code, as amended;
(4) A sewer application approved with connection fee
paid; and
(5) Construction of sewer connections shall be approved
by City inspectors prior to sewer use.
(c) Each User of the wastewater treatment system will be
notified, at least annually, in conjunction with a regu-
lar sewer bill, of the rate and that portion of user
charges which are attributable to the Operation and
Maintenance of the wastewater treatment system.
(d) The City will apply excess revenues collected from a
class of users to the cost of operation and maintenance
attributable to that class for the next year and adjust
the rates accordingly.
(e) User charges shall be in conformance with Chapter 26,
Article II, Section 26-l5, Sewer Service Charges, of
the City of La Porte Code of Ordinances.
SECTION l7. INDUSTRIAL COST RECOVERY SURCHARGE.
Persons or owners discharging industrial wastes which exhibit
none of the characteristics of wastes prohibited in Section 2,
other than excessive BOD, or suspended solids, having a concentra-
tion during a twenty-four (24) hour period average of suspended
solids of BOD content in excess of "normal domestic sewage" shall
be required to pretreat the industrial wastes to meet the require-
ments of "normal domestic sewage"; however, such wastes may be
accepted for treatment if all the following requirements are met:
(a) The wastes will not cause damage to the collection system.
(b) The wastes will not, impair the treatment process.
(c) The discharger of the wastes enters into a contractual
agreement with the City of La Porte providing for a sur-
charge over and above the existing sewer rates. The
basis for surcharge on industrial wastes is to be com-
puted on the following basis:
ISS = V [0.085 (BOD-250) + 0.056 (SS-300)]
ISS - Industrial waste surcharge in dollars
V - Volume discharged in thousand gallons
BOD - Five day at 20 C BOD of the industrial waste (mg/l)
SS - Suspended solids of the industrial waste (mg/l)
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ORDINANCE NO. ~~~
Page l2
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The volume of wastes may be determined by the same
methods used to calculate the regular sewer service
charge. For establishments discharging less than
20,000 gallons/day, the BOD and suspended solids
values may be determined from standard values for
various industries established by the Approving
Authority. In cases where the discharge from any
establishment exceeds 20,000 gallons/day, or in the
event that the discharger desires to determine ac-
curate values of BOD and suspended solids, the dis-
charger shall install at his expense a sampling
point at a location near the outlet of each building
drain or connection with any sanitary sewer of the
City. BOD and suspended solid values determined
from samples collected from any establishment shall
be determined by the Approving Authority or a Regis-
tered Professional Engineer employed by the dis-
charger. Such report shall contain a statement that
the samples collected and values determined are based
on a 24-hour cOlnposite representative of the establish-
ment's flow. Each sampling point shall be installed
and shall be so maintained by the discharger so that
any authorized representative of the City may readily
and safely obtain samples of the flow at all times.
Plans and location of such sampling points shall be
approved by the Approving Authority prior to construc-
tion. Construction of such sampling points for exist-
ing discharges shall be completed by January l, 1981,
if use of data to be considered for rate establishment
by June l, 1981. If a discharger installs a sampling
point after this date, adjustment of the rate to actual
samples will be made within a 90 day period from the
date of installation.
All flow rates and BOD and suspended solid values used
in determination of the Industrial Sewer Service Charge
shall be re-evaluated on an annual basis. However, if
there is a major change in the operation to cause changes
in value, the values may be increased or decreased on
a study of changes or actual measurements.
The basis for determining the surcharge shall be reviewed
biannually and shall be adjusted to reflect any increase
or decrease in wastewater treatment costs based on the
previous years experience.
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(d) Billing Practice - Industrial waste surcharges provided
for in this ordinance shall be included as a separate
item on the regular bill for water and sewer charges
and shall be paid monthly in accordance with the existing
practices. Surcharges shall be paid at the same time
that the sewer charges of the person become due and pay-
ment for sewer services shall not be accepted without
payment also of sewer service surcharges.
SECTION l8. SAVINGS CLAUSE.
A person discharging wastes into public sewers prior to the
effective date of this ordinance may continue without penalty so
long as he
(l) Does not increase the quantity or decrease the quality
of discharge without permission of the Approving Authority;
(2) Has discharged the waste at least six (6) months prior
to the effective date of this ordinance; and
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(3) Applies for and is granted a permit no later than
ninety (90) days after the effective date of this ordi-
nance.
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ORDINANCE NO. /2.;2/
Page 13
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SECTION 19. CONDITIONS OR PERMITS.
(a) The City may grant a permit to discharge to persons
meeting all requirements of the savings clause pro-
vided that the person
(1) Submit an application within 90 days after the
effective date of this ordinance on forms sup-
plied by the Approving Authority;
(2) Secure approval by the Approving Authority of
plans and specifications for the facilities
when required; and
(3) Has complied with all requirements for agreements
or arrangements including but not limited to, pro-
visions for
(A) payment o"f charges;
(B) installation and operation of the facilities
and of pretreatment facilities, if required,
and
.
(C) sampling and analysis to determine quantity
and strength when directed by the City; and
(4) Provides a sampling point, when requested by the
City, subject to the provisions of this ordinance
and approval of the Approving Authority.
(b) A person applying for a new discharge shall
(1) Meet all conditions of subsection (a) of this sec-
tion; and
(2) Secure a permit prior to discharging any waste.
SECTION 20. POWER TO ENTER PROPERTY.
(a) The Superintendent and other duly authorized employees
of the City bearing proper credentials and identifica-
tion are entitled to enter any public or private property
at any reasonable time for the purpose of enforcing this
ord inance.
(b) Anyone acting under this authority shall observe the
establishment's rules and regulations concerning safety,
internal security, and fire protection.
.
(c) Except when caused by negligence or failure of person(s)
to maintain safe conditions, the City shall indemnify the
person(s) against loss or damage to their property by
City employees and against liability claims and demands
for personal injury or property damage asserted against
the person(s) and growing out of the sampling operation.
(d) The Superintendent and other duly authorized employees
of the City bearing proper credentials and identification
are entitled to enter all private properties through which
the City holds a negotiated easement for the purposes of
(1) Inspection, observation, measurement, sampling or
repair;
.
(2) Maintenance of any portion of the sewerage system
lying within the easements; and
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ORDINANCE NO. /Z2/
Page 14
(3) Conducting any other authorized activity. All
activities shall be conducted in full accordance
with the terms of the negotiated easement per-
taining to the private property involved.
(e) No person acting under authority of this provision may
inquire into any processes including metallurgical,
chemical, oil refining, ceramic, paper or other indus-
tries beyond that point having a direct bearing on the
kind and source of discharge to the public sewers.
SECTION 21. AUTHORITY TO DISCONNECT SERVICE.
(a) The City may terminate water and wastewater disposal
service and disconnect a customer from the system when
(1) Acids or chemicals which may damage the sewer lines
or treatment process are released to the sewer
potentially causing accelerated deterioration of
these structures or interfering with proper convey-
ance and treatment of wastewater;
(2) A governmental agency informs the City that the
effluent from the wastewater treatment plant is no
longer of a quality permitted for discharge to a
watercourse, and it is found that the customer is
delivering wastewater to the City's system that can-
not be sufficiently treated or requires treatment
that is not provided by the City as normal domestic
treatment; or
(3) The customer
(A) Discharges waste or wastewater that is in viola-
tion of the permit issued by the Approving
Authority;
(B) Discharges wastewater at an uncontrolled, vari-
able rate in sufficient quantity to cause an
imbalance in the wastewater treatment system;
(C) Fails to pay monthly bills for water and sanitary
sewer services when due; or
(D) Repeats a discharge of prohibited wastes to
public sewers in violation of Sections 2 through
9 as stated above.
(b) If service is discontinued pursuant to subsection (a) (2)
of this section, the City shall
(1) Disconnect the customer;
(2) Supply the customer with the governmental agency's
report and provide the customer with all pertinent
information; and
(3) Continue disconnection until such time as the customer
provides pretreatment/additional pretreatment or other
facilities designed to remove the objectionable char-
acteristics from his wastes.
SECTION 22. NOTICE.
The City shall serve persons discharging in violation of this
ordinance with written notice stating the nature of the violation
and providing a reasonable time limit for satisfactory compliance.
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ORDINANCE NO.
/.2..2/
Page 15
SECTION 23. CONTINUING PROHIBITED DISCHARGES.
No person may continue discharging in violation of this
ordinance beyond the time limit provided in the notice.
SECTION 24. PENALTY.
(a) A person who continues prohibited discharges is guilty
of a misdemeanor and upon conviction is punishable by a
fine of not more than two hundred dollars ($200.00) for
each act of violation and for each day of violation.
(b) In addition to proceeding under authority of subsection
(a) of this section, the City is entitled to pursue all
other criminal and civil remedies to which it is entitled
under authority of statutes or other ordinances against
a person continuing prohibited discharges.
SECTION 25. FAILURE TO PAY.
In addition to sanctions provided for by this ordinance, the
City is entitled to exercise sanctions provided for by the other
ordinances of the City for failure to pay the bill for water and
sanitary sewer service when due.
SECTION 26. PENALTY FOR CRIMINAL MISCHIEF.
The City may pursue all criminal and civil remedies to which
it is entitled under authority of statutes and ordinances against
a person negligently, willfully or maliciously causing loss by
tampering with or destroying public sewers or treatment facilities.
SECTION 27. SEVERABILITY.
If any provision of this ordinance or the application thereof
to any person or circumstance is held invalid, such invalidity shall
not affect other provisions or applications, and to this end the
provisions of this ordinance are declared to be severable.
SECTION 28. EFFECTIVE DATE.
This ordinance shall be in full force and effect from and after
its passage, approval, recording, and publication as provided by law.
PASSED AND APPROVED THIS
1980.
day of
, A.D.
CITY OF LA PORTE
By
J. J. Meza, Mayor
ATTEST:
City Clerk
APPROVED:
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CITY OF LA PORTE
PHONE (713) 471.5020 . P. O. Box 1115 . LA PORTE. TEXAS 77571
July 16, 1980
Mr. Jim Wyatt
Houston Lighting & Power Company
P. O. Box 597
Seabrook, Texas 77586
Dear Mr. Wyatt:
At a regular meeting of the City Commission of the City of
La Porte held July 16, 1980, you are hereby authorized to
install, maintain and operate the following street lights,
and to bill the City therefore in accordance with your rate
schedule.
5 (five) street lights are to be installed on ornimental
poles with underground wiring as the lights now exist
in Fairmont Park.
I-Quiet Hill at Farrington (S.W. Corner)
I-Rustic Gate at Farrington (S.W. Corner)
I-Fairmont Parkway Entrance at Willmont
2-Between Rocky Hollow and Fairmont Parkway on Farrington
Please proceed with the above installation as soon as possible.
Sincerely,
4d/~~
Bettya. ~aters
City Clerk
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5 (Five) street lights to be installed on ornimental
poles with underground wiring as the lights now exist
in Fairmont Park
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FIRE t-LI\RSHAL' S OFFICE
CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
TO:
DATE:
7-1-80
Jim Hudgens, City Administrator
FROt-t: Paul R. Hickenbottom, Fire Marshal
SUBJECT: Appropriated funds
With the hiring of a new fire inspector, to begin
work on July 14, 1980, I will need to have $2,500.00
appropriated into budget unit 501, Fire Prevention, for
the 100 series, which is salaries and benefits, to
complete the remainder of this fiscal year.
.
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QUOTATION
t;jrUXa4 fIHE FIbUlEHS-EDUIPME~~.
",;i4~~ P. O. BOX 570 . NEW 8RAUNFELS, TEXAS 78130
f~~y- 512/625-5826
:.< ,.#
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TO:
CITY OF LA PORTE
City Hall
604 West Fairmont Parkway
La Porte, Texas
REF.:
Quote #7/80/10
Quote Date: 7/7/80
.
Bid opens at 7:00 p.m. July 9, 1980
ITEM No. I
I
QUANTITY
DESCRIPTION
PRICE
PRIMARY BID:
1.
one
-
$6,646.00 t1.
Complete Hurst Rescue Tool System
To Include:
one #363-R021 Model 28 Rescue Tool
one #363-0018 220 volt A.C. Power Unit &
one #355-R001 Hand Pump
one #362-0053 Model 0 Hydraulic Cutter
i one #353-0016 161 Extension Hose
-----~-----------
I
16' Hose
.'
(This package meets or exceeds the City of La Porte
specifications for a Rescue Tool. Warranty is one
year parts and labor. On site in-service training
is included in above pricing.)
Remr)rk~
~e:,v'"r,(--30..days _ARO~aximum.
T "r'-'5 ,~'p. --.Net 30 __days
;:08. -La. Porte ,Jexas
--Tj'''':',',,~d :NN.;V sf '~105t eccnCrT'CJI routing on C)rd~r5 wp.iqhinq :'~O ib5. net and over unless otherwise sp'~clfied. We r;:,pe !!lis
. C:'..(J;~r:.:'" :-"~et; iO'A J;;oprovJi dild dssure you cur b~SI Jttentlon to your order.
Very truly yours,
TEXAS "'0 G~S ~ COMPANY
'''c'' "" M\W C, ","eN, cem A" "CO sc,;g '">NOE M AN< ""E WnHO", NO"CE.
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QUOT.';TION
{..'i~'U:"C.a4 flflE flmnEHS -EnUIPMENT ~n.
."1'\"-::i~~ P. O. BOX 570 . NEW SRAUNFELS, TEXAS 78130
~! ':[;;.r 512/625.5826
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TO:
CITY OF LA PORTE
City Hall
604 West Fairmont Parkway
La Porte, Texas
REF.: Quote #7/80/10
Quote Date: 7/7/80
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Bid opens at 7:00 p.m. July 9, 1980
I
ITEM No. !
QUANTITY
DESCRIPTION
PRICE
2.
one
ALTERNATE BID:
Delete Model 28 Rescue Tool and add one Model 32A
#362-0019 Rescue Tool
Delete Hand Pump #363-0018
~
ad9 $1,040.40
one Delete 220 volt A.C. Power
110 volt A.C. Power Unit
- - - - - - l-
one Delete 220 volt A.C. Power
Gasoline Power Unit
subtract $ 460.00-
I
Unit and add one #363-0017 I
i
subtract $ 153.67
Unit and add one #363-0016 ~
I
subtract $ 121.00
3.
4.
one
5.
6.
one
Delete Model 28 Rescue Tool and add one Model
#362-R040 Rescue Tool
Thank you for allowing us the opportunity
your city on the above equipment. If you
questions please call.
24 I
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subtract
to quote
have any
$
124.80
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;:/~r;~ark ~
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30 days ARO - maximum
~;"r.~ 1'C ~_~Q_d.ays
FO o. ~a PQrtEL Texas
",~ '! ::~'ln~(J i:,',I :, rl'/~~f rr~~)t ".;':.~l"Ji:OfY':~.1i r.)uti1Q 0" (~r(!ers 'At-:iqr',ir;l :-:0 ~bs. net dnd over Gnless otherwise specified, 'tie r:Jpe this
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~~:CES ;"~E B~SE:l ON Cl.,~E~, C:::S,S A....J ;.,;:: ~l.iLE:::T TO :::"1 AT ANY H'/.E WITHCUT NOTICE.
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TO:
Mayor Meza and Commission
FROr1: Nutrition Rules Committee
SUBJECT: Regulation on Age at the Nutrition Center
It is the finding of this committee that the following
regulations be approved by the City Commission:
a. That all Federal Rules and Regulations be followed,
and that the minimum age be kept at 60, but with
the one exception of Mr. and l1rs. Roarck. The City
will pay the $1.45 a meal for the next 11 months
until Mr. Roarck turns 60 and will then be eligible
for the program.
b. If one spouse meets the age requirement and the
other does not, federal guidelines state that in
case of death of the older spouse, the husband or
wife would not be eligible for the program if he
or she were not 60. The committee feels that the
City should continue to pay for their food until
they have reached age 60.
;.
c. All volunteers will pay for food in accordance
with the Federal Guidelines.
- --.- ~ ./ ~
TOH SIMONS /~ ~
NOre1AN r.1ALONE7I~~~ m.c./~
STAN SHER~"100D,/t::::;.- ~
Nutrition Rules Committee
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U.S. ENVIRONMENTAL PROTEC'tION AGENCY ASSISTANCE IDENTIFICATION NO.
ASSISTANCE AGREEMENT/AMENDMENT C 14 k 11 h ~ 16 b h 10
CHECK APPLICABLE ITEM(S) DATE OF AWARD (Ob/i~ation date)
COOPERATIVE AGREEMENT June 26. 1980
GRANT AGREEMENT ,TYPE OF ACTION
ASSISTANCE AMENDMENT
X SUBSEQUENT RELATED PROJECTS (WWT) Continuation
PART l-uENERAL INFORMATION
I. ASSISTANCE PROGRAM 12. STATUTE REFERENCE 13. REGULATION REFERENCE
66.418 33 USC 1251 et. seq. 40 CFR Ch. 1, Subpart E
4. RECIPIENT ORGANIZATION
a. NAME c. ADDRESS
City of La Porte P.O. Box 1115
La Porte, Texa s 77571
b. EMPLOYEE I. D. NO. (EIN)
5. PROJECT MANAGER (Recipient Contact)
..
a.NA.liE d. ADDRESS
J.J. Meza Ci ty of La Porte
b. TITLE P.O. Box 1115
Ma vo r La Porte, Texas 77571
c. TELEPHONE NO. (Include Atea Code)
713/471-5020
6. PROJECT OFFICER (EPA Contact)
a. NAME d. ADDRESS
Donald W. Nelson, P.E. Texas Department of Water Resources
b.TITLE Constructi~n Grants and Water
Area Project EnQineer Quality Planning Division
e.TELEPHONE NO. (Include Atea Code) P.O. Box 13087, Capitol Station
512/475-0380 Austin. Texas 78711
7a. PROJECT TITLE/DESCRIPTION ,
Step 3 project for building and erecting a treatment works/sewage treatment p1 ant
expansion and collection system improvements.
7b. ENTER APPLICABLE ITEMS FOR STEP 3 8< 2/3 (WWT) 7e. PROJECT STEP (WWT)
TREATMENT LEVeL 14\ . TYPE PROJECT : ~: IS THERE ANY INDUSTRIAL FLOW1 ~YES+~
REATMENT PROCESS I? IJ:' SLUDGE DESIGN ~
" S. DURA TION
PROJECT PERIOD (Dates) BUDGET PERIOD (Dates)
June 1980 to Oecember 1981 June 1980 to December 1981
9. DOLLAR AMOUNTS
TOTAL PROJECT COSTS $6.374.312.00 EPA AWARD AMOUNT (In_Kind Amt. $~,780,734.00
UNEXPENDED PRIOR YR. BAL. (EPA Funds)
TOTAL ELIGIBLE COSTS (WWT) 6,374,312.00
THIS ACTION(This obligation amount)
TOTAL BUDGET PERIOD COSTS $4,780,734.00
'.--
10, ACCOUNTING DATA
APPROPRI A TlON DOC CONTROL NO. ACCOUNT NO. OBJ. CLAS~ AMOUNT CHARGED
4l.
68XOl 03. B E00236 BG7H065005 41. 11 $4,780,734.00
4l.
II. PAYMENT METHOD 12. PAY E E (Name and mailinll address. Inelude ZIP Code.)
ADVANCES (_.,. ot award) ~ REIMBURSEMENT Ci ty of La Porte
P.O. Box 1115
== OTHER La Porte, Texas 77571
SEND PAYMENT REQUEST TO Emory G. Long
as shown in 6d above
EPA Fonn 5700-20A (Rav. 8-79)
PREVIOUS EDITIONS ARE OBSOLETE.
PAGE I OF )(5
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TABLE A - OBJECT CLASS CA TEGORY TOTAL APPROVED ALLOWABLE
(Non-construction) BUDGET PERIOD COST
l. PERSONNEL
2. FRINGE BENEFITS
3. TRAVEL
4. EQUIPMENT
S. SUPPLIES
6. CONTRACTUAL
7. CONSTRUCTION
8. OTHER
9. TOTAL DIRECT CHARGES
10. INDIRECT COSTS: RATE % BASE
11. TOT A L (Share: Recipient. '70. Federal ~o)
12. TOTAL APPROVED ASSISTANCE AMOUNT $
TABLE B - PROGRAM ELEMENT CLASSIFICATION
( Non-construction)
l.
2.
3.
4.
S.
6.
7.
8.
9.
10.
11.
12. TOTAL (Share: Recipient_"/o. Federal "/0)
13. TOTAL APPROVED ASSISTANCE AMOUNT $
TABLE C - PROGRAM ELEMENT CLASSIFICATION
(Construction)
. ADMINISTRATION EXPENSE
. PRELIMINARY EXPENSE
3.~~~~~~X~XK~~XX~K~~X Concrete Testina $ 9 800.no
4. ARCHITECTURAL ENGINEERING BASIC FEES 59 760.00
S. OTHER ARCHITECTURAL ENGINEERING FEES 5-500.00
6. PROJECT INSPECTION FEES 50 000.00
7. ~~~;U~U(tX'*K-Q(X Plan of Operation 700.00
8. ~U)(iX>~~:t~WXX 0 & M Manual 3 500.00
9. ~XXX~~~~XKX~X~~~~~X~~X~~~~~~X~XX Start-UD Services 4_000.00
10. DEMOLITION AND REMOVAL
11. CONSTRUCTION AND PROJECT IMPROVEMENT 5 978 ~?nn
12. EQUIPMENT
13. MISCELLAN EOUS
14. TOTAL (Llne$l thru 13) n 111 nl1? nn
15. ESTIMATED INCOME (If applicable)
16. NET PROJECT AMOUNT (Line 14 minu$ 15) 6 111 652.00
17. LESS: INELIGIBLE EXCLUSIONS
. ADD: CONTINGENCIES ~ hhn nn
19. TOTAL (Share: ReciPient~'7o. Federal 75 "/0) 6,374,312.00
20. TOTAL APPROVED ASSISTANCE AMOUNT $
4,780,734.00
E PA Form S700-20A (Rev. 8-79) PAGE 2 OF~
PART II APPROVED BUDGET
ASSISTANCE IDENTIFiCATION NO
C-481176-03-0
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C-481176-03-0
PART III-AWARD CONDITIONS
a. GENERAL CONDITIONS
The recipient covenants and agrees that it will expeditiously initiate and timely complete the project work for
which assistance has been awarded under this agreement, in accordance with all applicable provisions of 40 CFR
Chapter I, Subpart B. The recipient warrants, represents, and agrees that it, and its contractors, subcontractors,
employees and representatives, will comply with: (1) all applicable provisions of 40 CFR Chapter I, Subchapter B,
INCLUDING BUT NOT LIMITED TO the provisions of Appendix A to 40 CFR Part 30, and (2) any special
conditions set forth in this assistance agreement or any assistance amendment pursuant to 40 CFR 30.425.
b. SPECIAL CONDITIONS:
(For cooperative agreements include identification or summarization of EPA responsibilities that reflect or
contribute to substantial involvement.)
1. The Environmental Protection Agency (EPA) in accordance with 40 CFR Part 35,
Subpart E and 40 CFR Part 30, Subpart B, reviews, approves, and monitors all actions
taken by the recipient during performance of this Assistance Agreement. EPA may
immediately halt or terminate this agreement if the recipient fails to meet the
requirements of above regulations.
2. Payment Schedule
The recipient will request payment monthly for the Step 3 portion of the project,
except for final payment which will be requested prior to final inspection of the
project. At no time shall such requests exceed the Federal share of the cost of
construction incurred, plus the value of the eligible materials on hand, less
retainage and the Federal share of incurred engineering and administrative costs.
3. The recipient is responsible for making prompt payment to its contractor and
will not hold Federal funds which can be paid to the contractor for work done on this
project and to retain only such amounts as may be justified by specific circumstances
and provisions of this assistance or the construction contract.
a. Retained amounts shall be limited, except where greater retention
is necessary under specific circumstances specifically provided for in the
construction contract, to the following schedule:
(1) Retention of up to 10 percent of payments cl~imed until construction
is 50 percent complete;
(2) After construction is 50 percent complete, reduction of the total
retainage to 5 percent of payments claimed, provided that the contractor is
making satisfactory progress and there is no specific cause for greater
withholding;
(3) When the project is substantially complete (operational or beneficial
occupancy), the retained amount shall be further reduced below 5 percent to
only that amount necessary to assure completion of the contract work;
(4) A cash bond or irrevocable letter of credit may be accepted in lieu of
all or part of the cash retainage under (2) or (3) above.
b. The recipient agrees to report to the Project Officer and promptly credit to
the Federal share due under this assistance the full amount of any interest earned,
or, if no such interest is earned, an imputed amount of interest at the prevailing
rate, upon Federal sums paid to the recipient if payment to the contractor is
unjustifiably delayed by the recipient, its employees or representatives.
EPA Form S700-20A (Rev. 8-79)
PAGE 3 OF,.
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U.S. ENVIRONMENTAL PROTECTION AGENCY
GRANT NO.
GRANT AGREEMENT AMENDMENT
CONTINUATION SHEET
C-481176-03-0
City of La Porte
c. The recipient agrees to include appropriate provision in each Step 3
construction contract to implement this prompt payment requirement.
4. The recipient agrees to comply with the Public Participation Program
regulations 40 CFR 25, 40 CFR 35.928-1 and 35.929-2 as published in Part V and
Part VI, dated February 16, 1979.
5. The recipient agrees to abide by regulations 41 CFR 60-1.4(b) as it pertains
to the equal opportunity clause and as published in Federal Register, Vol. 43,
No. 204, dated October 20, 1978.
6. The recipient agrees to provide Environmental Protection Agency (EPA)
outlays for each individual construction or AlE contract awarded under this
assistance agreement. The information required for each contract is as follows:
a. EPA project identification (assistance) number.
b. Applicant name.
c. Contract identification (name or number).
d. Contract award date.
e. Estimated contract completion date.
f. Total eligible contract amount.
g. Cumulative quarterly payment schedule (75 percent EPA share) for last
quarter of current year and all of the following year.
h. Other information as required by the Regional Administrator for
effective contract management.
This information will be submitted on forms supplied by EPA at the time of
contract award and whenever actual outlays vary beyond -5% and +10% from the
schedule. The recipient also agrees to review every contract schedule each year
and submit revisions, as necessary, no later than July 1st. For any contracts
not awarded within six months of assistance award, the recipient will furnish a
schedule of projected start and completion dates for each contract. The
recipient will also break down each payment request-by contract on fonms supplied
by EPA.
7. The recipient shall enact the User Charge or ad valorem tax rates and the
ordinance required under 40 CFR 35.929-2(e) after approval by the Environmental
Protection Agency and before the treatment works being constructed are placed in
operat ion.
The recipient shall enact the ordinance required under 40 CFR 35.928-1(h) and
submit the ordinance and Industrial Cost Recovery System rates to the Environ-
mental Protection Agency for approval of the ordinance before the treatment works
are placed in operation.
Page L of 5
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ASSISTANCE IDENTIFICATION NO.
C-481176-03~0
b. SPECIAL CONDITIONS (Continued)
8. The recipient agrees to comply with Environmental Protection Agency requirements
if archeological finds are uncovered during construction of the project.
9. The recipient agrees to fulfill the Minority Business Enterprise (MBE) partici-
pation commitments for A/E subagreement in accordance with the documentation submitted
with the application for this assistance agreement. The recipient agrees to take
positive efforts in order to achieve the goal of 14 to 18 percent MBE participation in
any other applicable subagreements for possible future agreement amendments that
increase project costs by $10,000 or more, including construction contract awards,
under this assistance in accordance with EPA Region 6 MBE policy, and EPA national
policy published in Federal Register, Vol. 43, No. 248, dated December 26, 1978, and
40 CFR 35.936-7.
PART IV
~OTE: The Agreement must be completed in duplicate and the Original returned to the Grants Administration
Division for Headquarters awards and to the appropriate Grants Administrations Office for State and local
awards within 3 calendar weeks after receipt or within any extension of time as may be granted by EPA.
Receipt of a written refusal or failure to return the properly executed document within 'the prescribed time, may
result in the withdrawal of the offer by the Agency. Any change to the Agreement by the recipient subsequent
to the document being signed by the EPA Award Official which the Award Official determines to materially
alter the Agreement shall void the Agreement.
OFFER AND ACCEPTANCE
The United States of America, actinE! by and through the U.S. Environmental Protection Agency (EPA), hereby offers
assistance/amendment to the . Ci ty of La Porte
RECIPIENT ORGAN.l.ZATION
for 75 % of all approved costs incurred up to and not exceeding $ :jl4, 780,734.00
ASSISTANCE AMOUNT
for the support of approved budget period effort described in application (i~luding all application modifications)
City of La Porte, C-481176-03-0, 05/14/80 included herein by reference.
DAT AND TITL
ISSUING OFFICE (Grants Administration Office)
OaGANIZATION/ AD~E:l.S
tnvlrOnmental ~rotection Agency, Region 6
Municipal Facilities Branch (6AWM)
1201 Elm Street
Dallas, Texas 75270
AWARD APPROVAL OFFICE
Ol'iGANJZATION/A,D~E,$.S .
tnvlronmen~al ~rotectlon Agency,
First International Bldg.
1201 Elm Street
Dallas, Texas 75270
Region 6
THE: UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTiON AGENCY
AR 0 ICIAL TYPED NAME AND TITLE DATE
ron O. Knudson P.E. Director Water Division 06-26-80
This A~reement is subject to applicable U.S. Environmental Protection Agency statutory provisions and assistance
regulations. In ac~epting this a~ard or amendment and any payments made pursuant thereto, (1) the undersigned
represents that he !s duly authorlzed to .act on behalf of the recipient organization, and (2, the recipient agrees
(a) t~at the award IS subject to the applIcable provisions of 40 CFR Chapter I, Subchapter B and of the provisions
f thiS agree ment .(Parts I thru IV), and (b) that acceptance of any payments constitutes an agreement by the payee
,hat the amounts, If any found by EPA to have been overpaid will be refunded or credited in full to EPA.
SIGNATURE
BY AND ON BEHALF OF THE DESIGNATED REC!~IENT ORGANIZATION
TYPED NAME AND TITLE DATE
E PA Fe,... 5700-20. (R.... 8-79)
"AG
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CG-43, Texas
(Rev. 7/23/79)
PROPOSED CONSTRUCTION ITEMS
Daw June 26, 1980
NAME OF PROJECT City of La Porte
PROJECT NO. C-481176-03-0
e Minor variations within an item are to be expected and will not affect its eligibility. Any changes in the items, or substantial changes
within an item, however, will be considered ineligible unless reconsideration is specifically requested and approved by the State
Agency and the U. S. Environmental Protection Agency.
DESCRIPTION OF ITEMS
Eligible For EPA
Partici pation
YES NO
Rehabilitation of existing collection system
Alteration of Fairmont Park Lift Station
Lift Station at Fairmont Park gravity line
Approximately 450 L.F. of 10" sewer
Approximately 705 L.F. of 15" sewer
Approximately 12,410 L.F. of 21" sewer
Approximately 4,950 L.F. of 36" sewer
(3) inverted siphons
Main wastewater treatment plant expansion
Aeration basins
Influent structures
Administration building
Chlorination & C12 building
Cl arifi ers (2)
Yard piping & electrical
Sludge hauling and dewatering eqpt.
Aerobic digestors
x
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
-X
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MEMORANDUM
TO:
Mayor & City Commission
DATE: July 9, 1980
FROM:
Board of Equalization
~ SUBJECT: Tax Assessment Roll
The Board of Equalization on this the 9th day of July, 1980,
has approved the assessment roll for the City of La Porte,
and thereby directs the Tax Assessor Collector to prepare
the Tax Roll for the year 1980.
The Board of Equalization hereby presents to the city
Commission of the City of La Porte the assessment roll for
the approval of the City Commission.
The total assessment for 1980 is $374,778,280, less exempt- ~
ions for over sixty-five (65) homesteads, disability home-
stead exemptions, and veterans exemptions, $4,002,200,
agricultural exemptions of $800,760. The net assessment
for 1980 is $369,975,320.
Assuming a rate of $.91/100 the total tax levy for 1980 would
be $3,366,775.41.
BOARD OF EQUALIZATION
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CALCULATION OF MAXI~UM TAX RATE
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ASSU:.tPTIONS:
1. Assessed Value - 1979 .............................$
2. Tax Rate - 1979 - $.91 per $100 ...................
($.77 for Maintenance & $.14 for Interest)
3. Total Tax Levy for 1979............................
4. Assessed Value - 1980 (Current Year) ..............
5. Assessed Value of New Improvements .................
(Improvements since January 1, 1980)
CALCULATION:
1.
(a) Total Assessed Value for 1980 (Less Exemptions)
(b) Less Assessed Value of New Improvements ......
(c) Assessed Value for Calculation of Rate .......
2. Total Taxes Levied in 1979 ........................
.
(a)
Less: Amount Levied for Maintenance & Operation
in 1979 on Real Property no longer on the Tax
Roll (e.g. property destroyed by fire, storm)
(b) Less: Amount levied in 1979 for Interest & __.
Sinking Fund (Assessed Value x Rate) .........
(c) Less: Amount Levied in 1979 for Maintenance
& Operation on Property becoming exempt in
1980 (e.g. Levy 6f Assessed Value lost to
New Homestead Exemptions or Others) ..........
(d) Total Levy for Calculation of Rate ...........
3. Assume the Amount Necessary to Retire Bonos for
1980 ..............................................
(Rate necessary for Bonds in 1980 would be the
amount necessary to retire the bonds divided
by the current assessed value)
-4:_ -:...i:a"t- ::.Ass~cL ~ue-f-r.om -lc ror -Calculation... .....
(b) Levy from 2(d) for Calculation................
192,489,030
$.91/100
1,751,652.93
374,778,280
177,486,290
369,975,320
177,486,290
192,489,030
1,751,652.93
97.01
257,817.00
4,020.29
1,489,718.63 ~
723,016.00
(723,016 ~ 369,975,320)
192,489,030
1,489,718.63
(c) Maximum Tax Rate for Maintenance & Operation..(1,489,718.63~192,489,030)
5. "(a)
(b)
Debt Service Rate Required for 1980
. . . . . . . . . .
Maintenance Rate" as Per Calculation
..........
(c) Total Rate as Per Calculation.................
MAXIMUM RATE:
$.20/100
-$.77/100
$.97/100
The rate calculated can be increased by 3% before the special
notices and meetings would be required. Example (.61 x .03 =
.018) $.61 .02 = $.63/$100 = Maximum Tax Rate.
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