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HomeMy WebLinkAbout1980-09-24 Regular MeetingMINUTES - REGULAR MEETING • OF THE LA PORTE CITY COUNCIL - LA PORTE, TEXAS SEPTEMBER 24, 1980 1. Meeting called to order by Mayor Meza at 7:47 P.M. MEMBERS OF THE CITY COUNCIL PRESENT: Mayor J. J. Meza; Council- man John Tomerlin, Councilwoman Virginia Cline, Councilman Tom Simons MEMBERS OF THE CITY COUNCIL ABSENT: Councilman I. J. Kibodeaux, Councilman Norman L. Malone OTHER CITY OFFICIALS PRESENT: James R. Hudgens, City Manager; Knox Askins, City Attorney; Betty T. Waters, City Secretary; H.F. Freeman Police Chief; Jerry Hodge, Public Works Director; David Paulissen, Chief Inspector; Joe Sease, Fire Chief; Paul Hickenbottom, Fire Marshal Others Present: Carlos Smith, Smith Engineers Inc; Dave Carbon, Bush, Hutchinson & Assoc.; Debbie Clarke, Bayshore Sun; Jim Wyatt, Houst6 n, Lighting & Power Co.; Elaine Bonner, Sr. and Elaine Bonner,Jr. and 17 interested citizens • 2. The invocation was given by Councilman Tomerlin 3. Motion by Councilman Tomerlin, second by Councilman Simons to approve the munutes of the Regular Meet`ingg held September 3,7 19 0 by the La Porte City Council as presented. The motion carried 2-ayes 0-nays 1-abstain Ayes: Councilmen Tomerlin, Simons Nays: None Abstain: Councilwoman Cline 4. Motion was made by Councilwoman Cline, second by Councilman Tomerlin to approve the minutes of the Special Called Meeting held September 10, 1980 by the La Porte City Council. The Motion carried 3 ayes ana u-nays Ayes: Councilmen Tomerlin, Cline, Simons Nays: None Councilman Norman L. Malone was seated at the Council table at 7:55 P.M. 5. Motion was made by Councilman Simons to award the bid for Water Bond Project TV -Job No. `79-2079 Water line extensions and replace- ments to Jesse Lovelace Construction Co. in the amount of 393,7 0. The motion was seconded by Councilman Tomerlin. The motion carried 3-ayes and 0-nays. • Ayes: Councilmen Tomerlin, Cline, Simons Nays: None 6. Recommendation made by the City Engineers concerning bids for cleaning and refurbishing the 4th Street elevated water tower were taken under consideration by the City Council. Motion was 0 0 Regular Meetin -24-80 Page 2 made by Councilman Simons to reject the two bids submitted • and readvertise the job with new more definate specifications, new bids to be received Dec. 17, 1980. Motion was seconded by Councilman Tomerlin. Motion carried 3-ayes and 0-nays. Ayes: Councilmen Tomerlin, Cline and Simons Nays: None 7. Motion was made by Councilman Simons to accept the bid submitted by McKey Construction Co. to construct a 1611 sewer force main to connect the Lomax Addition sewer system to the La Porte system Project No. 12 - 0 . The Motion was seconded by Councilwoman Cline. Motion carried 2-ayes and 1-nay. Ayes: Councilmen Cline and Simons Nays: Councilman Tomerlin 8. City Attorney Askins read, AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, DECLARING CERTAIN RATES FOR GAS AND GAS SERVICE CURRENTLY BEING CHARGED BY ENTEX, INC., TO BE JUST AND REASONABLE; ACCEPTING THE OFFER OF ENTEX NOT TO FILE NEW OR REVISED RESIDENTIAL AND SMALL COMMERCIAL RATE SCHEDULES REQUESTING AN INCREASE LEVEL OF RATES WHICH WILL BECOME EFFECTIVE PRIOR TO APRIL 1, 1983; DETERMINING THAT ENTEX AND AETNA FIRE UNDERWRITTERS INSURANCE COMPANY HAVE INCURRED NO REFUND, CREDIT OR INTEREST OBLIGATIONS UNDER THE BOND PAYABLE TO THE CITY OF LA PORTE; AUTHORIZING THE MAYOR AND CITY ATTORNEY TO TAKE ALL STEPS NECESSARY TO CAUSE THE DISMISSAL OF GAS UTILITIES DOCKET NO. 1175; CONTAINING SEVERABILITY AND RE- PEALING CLAUSES; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made b Councilman Simons to adopt Ordinance No. 122 , second by Council- man Tomerlin, motion carried 3ayes and 0-nays. 9. (a) Motion was made by Councilman Tomerlin to approve a utility extension agreement, including all costs of labor and installations incurred by the City of La Porte, for Block 436, Lots 14, 15,1 , Town of La Porte, Fred Westergren. The motion was second by Councilman Simons. The motion carried 3-ayes and 0-nays. (b) Motion was made by Councilman Tomerlin to approve a utility extension agreement, including all costs of labor and installations by the City of La Porte for B.W.F. Corp in Block 618, Lots 1-32, Town of La Porte. The motion was second by Councilman Simons. The motion carried 3-ayes and 0-nays. Ayes: Councilmen Tomerlin, Cline, Simons Nays. None 10. Motion was made by Councilman Tomerlin to utilize the money budgeted in the 1979-80 Public Works Budget for a tractor trailer, for a more urgently needed capital outlay_, a Pneumatic, rubber tired roller, to aid in street construction. The motion was second by Councilwoman Cline, motion carried 3-ayes and 0-nays. Bids to be received October 22, 1980. • 11. Public Works Director Hodge submitted a request for emergency action on water well#2 at Fairmont Park. The well is inoperable because Regular Meeting-9-2080 • Page 3 of sand production. Motion was made by Councilman Tomerlin to • declare an emergency and wave the bidding process to permit Layne Texas Company, the original driller of the well, to proceed with necessary repairs. This work will be scheduled after Oct.l, 1990 and will be paid from the 1980-81 appropriations. The motion was second by Councilman Simons. The motion carried 3-ayes and 0-nays. Ayes: Councilmen Tomerlin, Cline, Simons Nays: None 12. Mot merlin to deny a request b for the City of La Porte to participate in a water and line extension to Block 831, Town of La Porte. Motion was second by Councilwoman Cline. Motion carried 3-ayes and 0-nays. Ayes: Councilmen Tomerlin, Cline, Simons Nays: None 13. City Attorney Askins read, A RESOLUTION APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OCTOBER 1, 1980, THROUGH SEPTEMBER 30, 1981, FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTATION OF SAID BUDGET. A motion was made by Councilman Tomerlin to adopt Resolution 80-9 as read. The motion was seconded by Councilwoman Cline. The motion carried 3-ayes and 0-nays. Ayes: Councilmen Tomerlin, Cline, Simons Nays: None • 14. City Attorney Askins read, AN ORDINANCE LEVYING TAXES UPON TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO TAXATION IN THE CITY OF LA PORTE, TEXAS; AND MAKING APPROPRIATIONS FOR SUPPORT, MAINTEN- ANCE, AND IMPROVEMENT OF THE CITY GOVERNMENT OF SAID CITY OF LA PORTE, TEXAS; AND PROVIDING AN EFFECTIVE DATE HEREOF. A motion was made by Councilman Simons to adopt and approve Ordinance No. 1229. The motion was second by Councilman Tomerlin. The motion carried 3-ayes and 0-nays. Ayes: Councilmen Tomerlin, Cline, Simons Nays: None 15. City Attorney Askins read, AN ORDINANCE AMENDING CHAPTER 23, "TAXATION", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY EXEMPTING TWENTY THOUSAND DOLLARS ($20,000) OF THE ASSESSED VALUE OF RESIDENCE HOMESTEADS OF DISABLED ADULTS AND PERSONS SIXTY-FIVE (65) YEARSOF AGE OR OLDER FROM ALL AD VALOREM TAXES LEVIED BY THE CITY OF LA PORTE FROM AND AFTER JANUARY 1, 1981; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. A motion was made by Councilwoman Cline to approve and adopt Ordinance No. 1230. The motion was second by Councilman Simons. The motion carried 3-ayes and 0-nays. Ayes: Councilmen Tomerlin, Cline, Simons Nays: None 16. City Attorney Askins read, AN ORDINANCE ADJUSTING THE BOUNDARIES • OF THE CITY OF LA PORTE AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF PASADENA, TEXAS, AND THE CITY OF LA PORTE, TEXAS WHICH AMENDS THE EXISTING EXTRATERRITORIAL AGREEMENT BETWEEN THE TWO CITIES AND WHICH EXCHANGES CERTAIN • Regular Meeting - 9-24-80 Page 4 • TEREITORY BETWEEN THE TWO CITIES; AUTHORIZING EXECUTION OF SAID AGREEMENT ON BEHALF OF THE TWO CITIES, AUTHORIZING EXECUTION OF SAID AGREEMENT ON BEHALF OF THE CITY OF LA PORTE BY THE MAYOR AND ATTESTATION BY THE CITY SECRETARY AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. A motion was made by Councilman Simons to approve and adopt Ordinance No. 1231. The motion was second by Councilman Tomerlin. The motion carried 3-ayes and 0-nays. Ayes: Councilmen Tomerlin, Cline, Simons Nays: None 17. City Council took under consideration a written request that Council initate action to deannex the proposed Rollins Environ- mental Services (TX), Inc. landfill site and enter into an in lieu of taxes agreement with them in order that they might pro- ceed with their project. At this time Mayor Meza recognized Elaine Bonner,Jr. who ask to come forward to present a petition containing some 1,149 signatures of Bayshore residents objecting to the Rollins Environmental Services (TX), Inc. landfill site. Mayor Meza accepted the petition in behalf of the City Council and placed it in safekeeping with the City Secretary. i Motion was made by.Councilman Tomerlin to deny the request as contained in the letter from Rollins Environmental Services aced • September 10, 1980. The motion carried -ayes an -nays. Ayes: Counci men omerlin, Cline, Simons Nays: None 18. There were no Administrative Reports to be made. 19. Under Council Action,Councilwoman Cline ask for an up date on the Lomax Street Projectl2-88-80. City Manager Hudgens reported the survey work is being done at this time and would probably be ready to bid the job in another 30 days. Councilman Simons ask for a shot executive session on personnel. 20. At 9:05 P.M. the Mayor adjourned the meeting into an executive session. At 9:38 P.M. the Council returned to the Council table. Motion was made by Councilman Tomerlin to adjourn the meeting, second by Councilman Simons. The Meeting was duly adjourned at 9:40 P.M. • Passed and Approved this the 1st day ctober, 1980 J. J. Meza, Mayor Respectfully submitted: lity i"��'l/Gj� Secretary • • BUSCH, HUTCHISON & ASSOCIATES, INC. CONSULTING ENGINEERS 1107 FLEETWOOD DRIVE BAYTOWN. TEXAS 77520 PHONE (713) 422-8213 • 3011 SAN JACINTO. SUITE 103 . HOUSTON. TEXAS 77004 . (713) 523.2367 September 15, 1980 Honorable Mayor and City Council City of La Porte P. 0. Box 1115 La Porte, TX 77571 CONTRACT AWARD RECOMMENDATION, WATER BOND PROJECT IV WATER LINE EXTENSIONS AND REPLACEMENTS JOB NO. 79-2079 Bids were received and opened for the referenced project on September 3, 1980. After tabulation the low bidder was Jesse Lovelace Construction Company of Pasadena, Texas. It is recommended that the contract be awarded to Jesse Lovelace Construction Company in the amount of $393,740.00. • As soon as the contract has been awarded, contract documents will be prepared for signature and a work order will subsequently be issued. If you have any questions, please contact us. Sincerely, Va David A. Corbin DAC/ps U Pg. 1G Busch, Hutchison & Associates, Inc. • UNIT PRICES BID FOR • CONSTRUCTION OF WATER LINE EXTENSIONS AND REPLACEMENTS FOR THE CITY OF LA PORTE JOB NO. 79-2079 r L Item U.F. In Words Unit No. Item uantit Unit (Controls) Price Total 1. 10" Class 150 Asbestos Cement Water Line, Open trench con- �a�IouS ��•w ��IOC�O'� struction, Complete -in -place 3,800 L.F. 2. 10" Class 150 Asbestos Cement Water Line, Augered construct- ion, Complete -in -place 500 L.F. .� f 21500.E 3. 10" Class 150 Asbestos Cement Water Line, Tunneled construc- F _ llo) dv 64OO, 0" tion, Complete -in -place 80 L.F. 4. 8" Class 150 Asbestos Cement Water Line, Open Trench con- �1 ca.(S p p struction, Complete -in -place 12,200 L.F. 5. 8" Class 150 Asbestos Cement Water Line, Augered Construc- tion, Complete -in -place 550 L.F. 6. 8" Class 150 Asbestos Cement Water Line, Tunneled construc- S ��. ov 211 (OO.CIO tion Complete -in -place 360 L.F. 7. 6" Class 150 Asbestos Cement Water Line, Open trench con- b struction, Complete -in -place 6,900 L.F. 8. 6" Class 150 Asbestos Cement Water Line, Augered constru- �� �e� �, (S SOC'.�'" ction, Complete -in -place 775 L.F. 9. 10"x10" Tapping Sleeve & Valve, Complete -in -place w/adjustable valve box 1 Each o 1k �SOO.°a 1SO0.0r" 10. 8"x8" Tapping Sleeve & Valve, Complete -in -place w/adjustable valve box 3 Each n` N� � �o (�00, oo GOO. 11. 8"x6" Tapping Sleeve & valve, Complete -in -place w/adjustable valve box 8 Each LL a'."I n T�.+o I-1�,.�b4�� Dol , 9�00�- UPB - 1/4 __ Pg . 2G City of IA Forte - Job No. 079 - Unit Prices Bid • Item U.P. In Words Unit No. Item antit Unit (Controls) Price Total �h2 (k-1 12. 6"x6" Tapping Sleeve & Valve, ft...JQ n -TL' N....�+-e�SC ��00�� (L+ Lf�0'«� Complete -in -place w/adjustable . valve box 12 Each 13. 10" Gate Valve, NRS, Complete- Do�1�j (opp C>0 in- ce w/adjustable valve box la 4 Each 14. 8" Gate Valve, NRS, Complete - - -W L. N in -place w/adjustable valve box 21 Each O.�N�.� 15. 6" Gate Valve, NRS, Complete -in- �-•�� k9C),°O �740. °O lace, w/ad ustable valve box 46 Each o 16. 10"x10"x6" C.I. Tee A.B., _ � I 175.`� 17SO. °O Com fete -in= lace 10 Each 17. 8"x8"x8" C.I. Tee A.B., o�e_Fl oo Complete -in -place 7 Each �1 Ors 18. 8"x8"x6" C.I. Tee A.B., l' �� ;� 1as.� aa50.`00 Complete -in -place 18 Each 19. 6"x6"x6" C.I. Tee, A.B. , �� �� qSa oO Complete -in -place 10 Each 20. 10" 90° C.I. Bend A.B., ` � ukc-rS 00 Complete -in -place 3 Each f 21. 8" 900 C.I. Bend A.B., q0.� Sylp .C-O Complete -in -place 6 Each i 22. 6" 90° C.I. Bend A.B., (S � n�"- (9S'cc�Com lete-in- lace 3 Each a.r5 23. 6" 45° C.I. Bend A.B., I Si;Lb CnO."`' Iao •M Complete -in -place 2 Each 24. 10"x8" C.I. Reducer L.E.B., �rne-RLk'*" -p LqOXX. (00.`:' Complete -in -place 1 Each t' 25. 8"x6" C.I. Reducer L.E.B., Complete -in -place 3 Each Do CM 26. 6"x3" C.I. Reducer L.E.B. �`�- %A- gs a gS•043 Complete -in -place 1 Each `1�0 27. Fire Hydrant, 4' bury with a„ _ _77S•c>m � (4S0. Hydrolok connector, Complete- S - in -place 1 381 Each UPB - 2/4 Pg. 3G City of IA Rorte - Job No. 79-2079 - Unit Prices Bid Item U.P. In Words Unit No. Item antity Unit (Controls) Price Total (n� �ie`o``S°�'��C 28. Relocation of Fire Hydrant on South Balckwell, Complete -in- Lump D 'l a �000' ��DO•� lace All Sum -ewe �S.cS� t^1S.`�' 29. 8" C.I. Plug,Complete-in-place 51 Each ��01r__S I I 30. 6" C.I. Plug, Complete -in -place 4 Each ree 31. Dry Connections as required by �00. � (0000, Engineer, Complete -in -place 20 Each �ti•�� 32. 3/4" Service Connection including �`� �St000'au Tap, Mueller Corporation Stop Model H-15000 Complete -in -place 501 Each 33. 3/4" Class 160 Polyethylene Driscopipe 1500 Service Line to meter box, Complete -in -place 1 000 L.F. 34. Cement stabilized sand, as re- quired by the Engineer, Complete - in -place 200 ' Ton i 35. Road shell or limestone for ' temporary crossings & repair of drives as directed by the �oll cro - i 10I�0�,°z' Engineer (delivery ticket basis) Complete -in -place 5001 Ton 36. Remove and replace flexible base pavement w/6" cement stabilized shell or 7" crushed limestone "F" a DL and 1-1/2" Type hot mix asphaltic concrete, Complete - in -place 50 S.Y. 37. Remove & replace 7" reinforced concrete pavement, Complete -in - place 501 S.Y. 38. I Remove and replace 4" concrete :ice.., i sidewalks & driveways w/6"x6" - 6/6 WWF reinforcement, Complete - in -place 100 S.Y. I 39. Remove & replace flexible base wee driveways w/4" cement stabilized �O•� �dOQ.° shell or 5" crushed limestone and �o't 1/2" Type "F" hot mix asphaltic ncrete, Complete -in -place 100 S.Y. 74+0.l6"xl6"x8" C.I. Tee A.B. Complete �dm�1 - lace 2 Each UPB - 314 Pg • 4G City of La forte -.lob NO. 1 y j • t em f No. I Item 41.+I 16" Gate Valve, NRS, Complete - in -place w/adjustable valve � box _42.1 16" C.I. Plug, Complete -in -place 43., 16" Class 150 Asbestos Cement J Water Line, Open trench con- - I struction, Complete -in -place • ATTEST: Secretary SEAL if Bidder is a Corporation • U.P. In Words Unit ntity Unit (Controls) Price Total- 0 h e--TfN ,4sm.4. IboD.&0 2 Each Dof1� 2 Each I c.J e..• 10 L.F. _ TOTAL j3q3,-jq_0,c'1 TELEPHONE NUMBER Z" - l % 3� UPB - 4/4 Pg. 5G COMMERCIAL UNION INSURANCE COMPANY (Name of Insurance Company) BID BOND The American Institute of Architects, A.I.A. Document No. A-310 February, 1970 Edition KNOW ALL MEN BY THESE PRESENTS, That we, .IESS IOVELACE CONSTRUCTION COMPANY Bond No. r ' , as Principal, hereinafter called the Principal, and COMMERCIAL UNION INSURANCE COMPANY a corporation duly organized under the laws of the State of Massachusetts, with its Home Office in the City of Boston, in the said State, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF LA PORTE as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT OF THE GREATEST AMOUNT RIDDollars ($ 5%GAB )� _ for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for 21240' /OE 6"&12" ACP AND ALL APPURTENANCES NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be speci- fied in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Con- tract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contractand give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signedand sealed this 3 day of SEPTEMBER A,D, I9 80 I J E S (Witness) l \� M Li�vt!„� BY (Witness) Sy 1 V OVELAU CONSTRUCTION COMPANY (SEA 4,4 q�J (Prin al) (Title) CIAL UNION INSURANCE COMPANY (Surety) Cari ker Attorney in fact G6 `510-1 Commercial Union Assurance Companies VS1111 Pg. 6G .OWER OF ATTORNEY• KNOW ALL MEN BY THESE PRESENTS, that the COMMERCIAL UNION INSURANCE COMPANY, a corporation duly organized and existing under the laws of the Commonwealth of Massachusetts, and having its principal office in the City of Boston, Mass., hath made, constituted and appointed, and does by these presents make and constitute and appoint Dale Webb, Sylvia Cariker, Michele Hauger and Nedra Lloyd all of Houston, Texas • and each of them its true and lawful Attorney -in -Fact, to make, execute, seal and'deliver for and on its behalf as surety any and all bonds or undertakings and the execution of such bonds or undertakings in pursuance of these presents, shall be binding upon said Company as fully and amply, to all intents and purposes, as if such bonds were signed by the President, sealed with the corporate seal of the Company, and duly attested by its Secretary, hereby ratifying and confirming all the acts of said Attorney -in -Fact pursuant to the power herein given. This Power of Attorney is made and executed pursuant to and by authority of the following resolutions adopted by the Board of Directors of the COM- MERCIAL UNION INSURANCE COMPANY at a meeting duly called and held on the twenty-seventh day of July, 1972: Resolved, That the President, or any Vice -President, or any Assistant Vice President, may execute for and in behalf of the company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, the same to be attested when necessary and the seal of the company affixed thereto by the Secretary, or any Assistant Secre- tary; and that the President, or any Vice President, or Assistant Vice President, may appoint and authorize an Attorney -in -Fact to execute on behalf of the company any and all such instruments and to affix the seal of the company thereto; and that the President, or any Vice -President, or any Assistant Vice -President, may at any time remove any such Attorney -in -Fact and re- voke all power and authority given to any such Attomey-in-Fact. Resolved: That Attorneys -in -Fact may be given full power and authority to execute for and in the name and on behalf of the company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall be as binding upon the company as if signed by the President and sealed and attested by the Secretary, and, further, Attorneys -in -Fact are hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and are also authorized and empowered to certify to a copy of any of the by-laws of the company as well as any resolution of the Directors having to do with the execution of bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and to certify copies of the Power of Attorney or with regard to the powers Of any of the officers of the company or of Attorneys -in -Fact. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Directors of the COMMERCIAL UNION INSURANCE COMPANY at a meeting duly called and held on the twenty-seventh day of July, 1972: • "Resolved: That the signature of the President, or any Vice -President, or any Assistant Vice President, and the signa- ture of the Secretary or any Assistant Secretary and the Company Seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Attorneys -in -Fact for purposes only of executing and attesting any bond, un- dertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the company as the original signature of such officer and the original sealof the company, to be valid and binding upon `the company with the same force and effect as though manually affixed." IN WITNESS WHEREOF, the COMMERCIAL UNION INSURANCE COMPANY, has caused these presents to be signed by its Assistant Vice -President and its corporate seal to be hereto affixed, by its Secretary this 4th day of June 1980 3sti ..•^t COMMERCIAL UNION INSURANCE COMPANY y,i l . Attest: By Raymond M. efossez Secretary COMMONWEALTH OF MASSACHUSETTS Robert 1.�Spe er — Assistant Vice -President COUNTY OF SUFFOLK SS. On this 4th day of June 1980 before me personally came Robert J. Spencer, Assistant Vice -President, and Raymond M. Defossez, Secretary of the COMMERCIAL UNION INSURANCE COMPANY to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and sayeth, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the corporate seal of said Company and that the said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Company. ,ova w,re. Sandra Wischow — Notary Public +R (My Commission expires Augtvt Z 1983) CERTIFICATE I, the undersigned, Assistant Secretary of the COMMERCIAL UNION INSURANCE COMPANY, a Massachusetts Corporation. do hereby certify that the foregoing power of attorney is in full force and has not been revoked; and furthermore, that the Resolutions of the Board of Directors set forth in the power of attorney are now in force. �ned and waled at the City of Boston. Dated this 3 day of September 19 80 Andreis J. Grots — Assistant Secretary C60903-8 Pg - 7G R_�R H. CARLOS SMITH ENGINEERS AND SURVEYORS, INC. PHONE A/C 713 471-4226 • 718 SOUTH BROADWAY P. O. BOX M LAPORTE, TEXAS 77571 22 September, 1980 Hon. Mayor and City Council City of La Forte P. 0. Box 1115 La Porte, Texas 77571 Re: Sanitary Sewage Force Main - Lomax Area - Gentlemen: Job No. 1286-80 The bids that were recieved on the above referenced project have been tabulated and reviewed and the tabulation is forwarded herewith for your use and review. The bids were well within our estimates and am quite satisified with all of the interest shown by the contractors on this project. We had 7 sets of plans out to prospective bidders with one bidder returning his plans without bidding and 5 bids were recieved. Alternate bids were taken on the 12" force main for two classes of pipe, -and another alternate bid was taken for a 16" force main. • Population projections, using the same rate of growth for the Lomax area as for the period 19?0-80, indicate that the 12" force main will adequately serge the area until about 1988 or for a period of 8 years. Future growth is difficult to predict for any area, but this area consists primarily of small acreage tracts that are not conducive to single family subdivision development. The possibility of development of these tracts into multifamily projects does exist, but the present area populace is strongly opposed to this type of development. The existing pumps could handle this flow into Lift Station No. 1. The 16" force main was considered as an alternate, primarily because this size line will handle the total flow which the lift station No. 1 could relieve from the 2 existing 15" influent lines. The 16" force main would serve the area until about the year 2000 or for a period of about 20 years, again based on the projection of growth for the last 10 years. The pumps in this lift station No. 1 would have to be replaced when the flow exceeds their present capacity. The two 15" influent lines into this lift station No. 1 cannot handle the total ultimate flow when the entire area is developed. Some consideration will have to given to future relief of this lift station. • The areas to the East of 26th. Street and South of North "H" Street and West of 26th. Street are not presently served by sanitary sewers. At such time as these areas are served, an intersecptor sewer line could be constructed to relieve some of the flow to Lift Station No. 1. City of La Porte - #e 2 s If such an interseptor is to be considered within the next 10 years, then it is recommended that the 12" force main be IS installed at this time from Lift Station No. 1. This award would be made to David Wight Construction Co., Inc., Friendswood, Texas, on their low bid of $161,748.00, using ASTM D2241, SDR 26, Class 160 PVC pipe. This would provide some surplus funds for needed repairs to the existing lift station pumps in the Lomax area and for any short extension of sanitary sewers to an area not presently served from the existing system. To adequately serve the present system and to allow for future development of the area to the full capacity of Lift Station No. 1, it is recommended that the 16" force main be constructed, disregarding that any future interseptors would be constructed to relieve this system. This award would be made to McKey Construction & Equipment, Inc., La Porte, Texas, on their low bid of $231,142.00. This would allow for a small surplus of funds for pump repairs. Very truly yours, H. Carlos Smith -Engineers & Surveyors, Inc. r H. Carlos Smith, P.E. President , BID DATE: Sept. 101 1980 TABULATION OF uIDS 40B _.0. 1286 -80 TI M E .7: 0 0 P. m. FOR cl OF LA PORTE a Ty'� LA PORTS TEXAS SA ITARY, FORCE DAVI D W I G HT BILL Mc DONALD CONST. CO., INC. CONST. , INC. P. 0. BOX 86 P. 0. BOX 189 I�RIENOSWOOD ,TEX. , DEER PARK, TEX. 77546 7 7 5 3 6 McKEY CONSTRUCTION & EQUIPMENT, P. 0. BOX 9 LA. PORTE, TEXAS 77571 R. T. BISHOP CONST. CO..,INC. INC. P. 0. BOX 961 BAY TOWN , TEXAS 775.20 JESSE LOVELACE CONST. CO. 3208 FEDERAL R0. PASADENA, TEXAS_ 7 7 5 0 4 _ H. CALOS SMITH,- ENGINEERS AND BURVEYO Bs INC. P.O. BOX M 718 S. BROADWAY LA PORTE, TEXAS 77571 - ..lot ESTIMATED QUANTITY UNIT PRICE TOTAL UNIT PRICE TOTAL ; UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL ITEM N0. DESCRIPTION SEc T A0A1 Jr- 5A N J TA R Y sE' WA G E ocOR UNIT E IVAIIAI _ - �.z " o' V. O e - 8 .4 W WA 4CJ 000 / /Z''P✓�'. ,Dt?-/8 .4WWA G-9oo 4 A. //, 37- /�R.so /G¢ 097, 5'D /S,S'o /7G,.?fz. so /G,00 /B,Z, 000.00 /d,00 ,�e4, 7So,00 or /B,,Zp ,Zp7 D,ZSo, Ot� Z BORE 4e /8"47AS/N4 L.F. /85 7/•00 19,135.00 -70,00 5,53'0.00 '4S'.6'4 8 ¢a4L.90 /,Zo,00 zZ zoo,00 as.Do /S,7=s'.Or9 3 /8"4'A5/,/G /N 0,04EA/ Cvy" .[. f• Go 3y000 /, 9aD. o0 2o.00 r, zoo. oo ZS•/4 /,Soa, ¢o 400 z, ¢` o. oo /, ,Z O o , oo ¢e, vo 'oo .aa� - /, Zoo , Dd 4! /Z " 8ORE � ✓.4CA' L . F, 35 O Ton/ �5 EA. 9 6 A. 1 TON �— `/, S EA. — i �— / EA. . A/N - AL TERNA T L.F, /ZS ZO ,EA, I I?3, D0 G g D. d O 2 O.Oo G o O . oo ,Z S. 20 7SG . 00 ¢3. oo 5 CEMENT S'TABALIZED SAAID /7.00 ¢xs.o0 /G,o -0-00-00 9, 000. 00 Z0.00 730,00 Soo.00 x4,0o J,Zoo.OD Goo.oo zD.00 ,!rao.00 6 A/�Q RELEASE YAL VE W YA!/.L T /,O,Z4,Oo 9, 2/G. 00 /,000.00 G, S7D. oo /O, doo.00 /,Soo.00 /3,3"640 .op 7 A /R REL EA SF_ 1/A I-VE W/O/IA UL T G 3D,00 630. Oo SSO.Oo SSO. oo Soo.00 SOD, o0 700. oo Too,00 r,000.00 /, voo .©o 8 CAST IRON FI7-r1A1a, S /,874C.00 Z, 8 I /. 00 /, 500.00 z, zSO. oo ,7�•/,So 4!, //2. R S i/, TorJ.Oo ,�, SSO.Oo , SDO, OD R"As 00 9 �oNJVEGTID�c/ TO wET N/E.C,C 89¢,Oo 89¢, 00 , 000,00 4,000.00 /,000,oa /, 000, r00 300,00 3ao,©v r,000.00 /,QoO.Do ♦o . CaNNEG'T/O�/ To EX/sT. FO.PGE MA/�/ 790.00 7�ZO.00 80o.00 600. 001' So0.00 5'0010O ,��.0.00 .t'¢O.DO /DOO•Do I,ODO.lSO ,Qo,4h C,poSs/N6 AT SPEa/GE.2 Nk/�! tel 4Lz4, oo T, 3oo,oa /¢ 000. DO ToT•91— ,8/h/ZB. BASE So -- ---AF Zo3, GGz. So - -_- _-- _-- Z/ Q, z 9s'. SS .Zs3, /9 0. 00 -- PG /, / / D, OO SECT/ON I - A - SAN. SEIVACE Fo,QcE Ra41 I -A /Z"f?✓t, .D.R.-/8 ..41�c WA C- -4Oo 16,80 2, !OD .00 /S.So /, 937•So i�.00 ,Z� 000, oe .23.Oo .Z, 875. oo /dd.Zo ,�, z 7S. 00 G-A .DEDUCT-A/•P RELEASE Y.aLs/E yY/`/.4ULT 23,00 /,O.Y4�.00 ¢i 0.4o - /, OZ4. 00 Zo.00 /,000,00 400.00 - /, 00o.00 Zs•zo G7z.3i 504.. 00 - G7z,3/ ¢3. oO /,200,00 840; oo - !, too. oo ¢D.o 4%040dQ 7-A AIR ,4'ELE.4SE YA,G.Y,C N�/�% 1:4�ILT ,�'A. / To/� 0.2 �o3D,.00 630, oo SSO.00 SSO, oo Soo, 00 500. 00 700.04 700.00 I,000.DO 1, DoD.Oo 8-A CA5 T /RoN Fl r7-IMG.5 /,874.00 374. 80 ,3, os¢. o0 ,Soo.00 300.00 3, o0 0 . ©0 /,408.o Go 8, 4z4.0o J, 7oo,00 340,00 3, o 0 0 • o0 l,Scao.00 ;foo.00 /o, 000.ao /Z-A -'T r q 'A M CROSS/NG L. S. / -r- TOTAL ,8,43E f.3/D- SECT/oN I- ,4 A47 GITE USED) S, 594�.80 op S, /87.Sv //, 037. $9 G, STS,00 70TA/. BASL'/31D - S,EGT/C7�/.S l4`I-A j Z07, 7Z3 .30 zG'8,850.00 .Z1aS, 33,Z.8¢ ZS9, TGS,00 .Z73, 9.0 I SEC T / o N Zr - SA IV/TA R Y .5 E WA G .E F 1!C. ziOR- ,26 A3TM ,0-Zz4/ Ce - Z. /,Z " P. Y. C 11,376 !? I�', .c'6 //.O4'� •AST Al D-Z2,41 /.ZS, /Zs.00 - A L /Z.00 tT R N A T E AVD /341, 500.00 /Z,75 r¢S, 03/, Z5 14.00 rs9, ZSd,00 /S:3Z /7¢„Z4aS.o0 Z ------- BORE so, /8 " C,4.51I%/6 ----- G,F /85 7/,00 /35.o0 /3, .00 ..5 , • ,00 GAS /it/G I.Al OOEN car /�" BdRE./ ./.4'CAf' : - �C., 40 - .53. 0.0 Z3. 00 14900. 00 G 9O. .00 ' 240. 00 go-00GOD. . /, ,zoo, 00 00 Z S, /4' 2S,Zo /, SoB. 40 73'G. toOo ¢ /, oo z, ¢ G o . oo �/, Z3c'.oc> Gs;oo ¢o.0 j, gO40 1,.Re00.c�o► 5 CEMENT ,57'A BAL /J=,ED SAND 70N ,Z S' /7. 00 42S.00 /4,00 4eo .00 .20.00 Soo, 00 .Z$'00 G A/R RELEASE' YALYE's W/Y,4GILT EA, aj /,DZ¢.o0 .9, 216 .Oo /,000.00 9, Ooo.00 730.60 G, s'7o,o0 /, ZoO.00 ♦0,80©.00 1,soo.00 f,3,soo,00 7 ,4/�Q R,EL. �i4sE VAA1iEs W10 YAU4r EA. / 630.00 G3D. DO SSD,o sso,o0 soo.00 Soo. oo Too.oa Too ,00 /, oao, 00 i, o00.00 S ♦Z'' x 8RS'OG/CER 79.60 Z79. 00 ZOO.00 /, 2 G O. 00 Z VO.00 J7S.00 400.00 ZSo.00 20/. So zo/. s-o 300.00 300.0o Zso. t5'o, e© g .EA. ! ZOO.OD /7S.00 /04.zS, /s'o. o /so,00 /s"a.o.o 1,060.00 ZS'o.o 0 ,ZaQ.,00 /O /Z~ //8 .6A100VPs EA, /, oo0ti 00 179.3¢ d96.70 20 d,o ZS0.00 /, 2 SO, 00 /2///G 6.6AID S X4. � __ _ __. ZSZ.00 S©.A. clo Poo.00 4=oto. Oo 17.9.,34 _ _ 3rs8. GS 200.0o ¢oo, o0 !Z CovAle CT/ON TO WET `✓.ffLL .EA, 894. oo 894. 00 /'400,00 /� oop, oo /,000,00 6040.00 .;3oO.00 300.-00 /,000,00 /"000.00 /3 CON/VECT/0A/ TO EX/sT, AlORCE MAIN 0A• / 7Zo. 04 7Z 0. DO 800, 0o 800.0o Soo, 00 SoO. oo ZOO, do ¢0.00 r ,000.00 i,000 ,00 14 RO.fOwA Y C•P05-11A10 AT SPE/�GE'R NX/Y. Z.S. / 6 G9o. OO G 000, o0 8 ¢24,00 • 7, 3vo.00 / , 000,do 7-0 r,4L ,BA SX a/O - SEC 7-/-0 Zr 740. oo /, G 7s. oo •¢6O.00 /6.3,4zS. oo /7¢,8t/.G8 2oG, 930.40 2,Z8,34.0,00 546C T/ON II - A - SA N, -5 eWAGE FOR CE /y1A/ N 44r&R"ArAt xourF /-,� /2.olrC. S.D•4 -.ZG A T/tr/ D - 2•Z¢/ L, F, /25 Jd. 40 /Z,00 ZD.00 /, sores, Oo r2.7S /, 593. 7S /9. oo ,2, 3 75, oo is.3z /, g .05'. eo A .f- 20 Z3.00 O ¢o.00 zs.zo SO4,00 43.00 6Go,00 40.0o Boo.o© 45"oo,00 G-,.q OE,pG/CT .4/.Q RELEASE Y.4LD�E W/Y,f!/L A !R R,EL hASE {/AAYE W10 V•4t167- AlA- - / /,og4f.00 - /, 021�.00, 630.00 /,OOQ. SSD - /, OOO.00 G7,Z.3/ - G72.3 / /, 200,00 - /,Zoo, oo T-A 630.00 SSO. oo S'oo. oo So o. oo 700. oo 70.0. oo /,000. oo /, 000. o0 8-.4 /2'' ///G ,B.SwO 0-4. / Z�'Z.O Z. oo 3,0S¢.00, S,o¢7.Oo ZOO. oo Z o O . oo /to5.z i8s. t5 zoa, oo 240.00 dSO,00 .� So. o,� AS --A STRR,4 M CRDSS/NG 1415. / - 3, 000.00 8,¢L¢,60 3, 000,00 71071•44 6,40.E B/O -.SECT/ON I1'-.4 ¢,GSO.00 /O,S3¢•i9 S, 93S.co / /rZ,¢i =o© TOTAL ,SASE 4614 - .SEC T/OHS i' .&-,4 / Al r ATd' RO�/T,�'' 11�1,� /G G 7S� S. 00 /l.8, O 7S", oo /8 $', 3SG, 3 7 2/.Z , 9.ZS. OO Z!�D 80 S. D,�t T/OJV 227 - -SA All 7-4 R Y -'T a 'A G E fl Reef .4 / ^e - /G "' . C. C/. 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AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, DECLARING CERTAIN RATES FOR GAS AND GAS SERVICE CURRENTLY BEING CHARGED BY ENTEX, INC., TO BE JUST AND REASONABLE; ACCEPTING THE OFFER OF ENTEX NOT TO FILE NEW OR REVISED RESIDENTIAL AND SMALL COMMERCIAL RATE SCHEDULES REQUESTING AN INCREASED LEVEL OF RATES WHICH WILL BECOME EFFECTIVE PRIOR TO APRIL 1, 1983; DETERMINING THAT ENTEX AND AETNA FIRE UNDERWRITERS INSURANCE COMPANY HAVE INCURRED NO REFUND, CREDIT OR INTEREST OBLIGATIONS UNDER THE BOND PAYABLE TO THE CITY OF LA PORTE; AUTHORIZING THE MAYOR AND CITY ATTORNEY TO TAKE ALL STEPS NECESSARY TO CAUSE THE DISMISSAL OF GAS UTILI- TIES DOCKET NO. 1175; CONTAINING SEVERABILITY AND REPEALING CLAUSES; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, Entex, Inc., filed a Statement of Intent to change rates with the City of La Porte on March 30, 1977; and WHEREAS, the City of La Porte denied Entex's requested rate revision; and WHEREAS, Entex filed a Petition for Review of the City of La Porte's action with the Railroad Commission of Texas which was docketed as Gas Utilities Docket No. 1175; and WHEREAS, in accordance with a letter agreement dated September 9, 1977, Entex and the City of La Porte have agreed that pending settlement negotiations and a final determination of Gas Utilities Docket No. 1175, Entex should charge the rates in effect from 40 time to time in the cities of Lomax, Morgan's Point and Shoreacres under bond and subject to refund or crediting of any amount in excess of that finally determined to be appropriate; and WHEREAS, Entex and the City of La Porte have reviewed the facts and the law and have reached a settlement of the dispute in Gas Utilities Docket No. 1175; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. That in accordance with the settlement of the dispute between Entex, Inc., and the City of La Porte in Gas Utilities Docket No. 1175, the rates set out in Rate Schedule No. R-564-1 and Rate Schedule No. SC-564-1, with rate schedules attached hereto and made a part hereof, are hereby declared to • Ordinance No. , Page 2. be just and reasonable residential and small commercial rates to be charged by Entex, Inc., for gas and gas service. Said rate schedules are identical to those currently in effect for Entex in accordance with the September 9, 1977, letter agreement, except that a Cost of Service Clause has been added thereto. Section 2. That in accordance with the settlement of the dispute between Entex, Inc., and the City of La Porte in Gas Utilities Docket No. 1175, the City of La Porte hereby accepts the offer of Entex not to file new or revised residential and small commercial rate schedules requesting an increased level of rates which will become effective prior to April 1, 1983. Section 3. That inasmuch as the rates charged by Entex, Inc., in accordance with the September 9, 1977, letter agreement and collected under bond have been just and reasonable, Entex has incurred no obligation to refund or credit any amount or to pay any interest to its customers in the City of La Porte, Texas, under said bond. On the date that the determination of the Rail- road Commission of Texas approving the settlement contemplated hereby becomes final, Entex, Inc., as principal, and Aetna Fire Underwriters Insurance Company, as surety, are released from any and all obligations to the City of La Porte arising out of Bond No. 760608. Section 4. That the Mayor and the City Attorney are hereby authorized to take any and all steps necessary to finalize the settlement contemplated hereby, to cause the Railroad Commission of Texas to approve the rates set out in Section 1 hereof and to cause the dismissal of Gas Utilities Docket No. 1175 in accord- ance herewith. Section 5. All ordinances or parts of ordinances in conflict 4Pherewith are hereby repealed to the extent of conflict only. • Ordinance No. , Page 3. Section 6. 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 Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 7. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council 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 40 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 Council further ratifies, approves and confirms such written notice and the contents and posting thereof. PASSED AND APPROVED this the day of , 1980. CITY OF LA PORTE By J. J. Meza, Mayor ATTEST: • City Secretary Ordinance No. , Page 4. APPROVED: City Attorney ACCEPTED AND AGREED: ENTEX,, INC. Byzll�&LG PA L W. PLUNKETT, III, Attor 0 THE STATE OF TEXAS S S COUNTY OF HARRIS S I, BETTY WATERS, the duly appointed and qualified City Secretary of the City of La Porte, Texas, hereby certify that the above and foregoing ordinance of the City of La Porte was passed and adopted at a regular meeting of the City Council of the City of La Porte held on the day of , 1980; that written notice of the a� te, hour, place and subject of said meeting was posted for at least 72 hours preceding the scheduled time of said meeting on a bulletin board located in a place in the City Hall which is convenient and readily acces- sible to the general public at all times; that the Mayor, J. J. Meza, and Councilpersons , an _, were present at said meeting and acted as the City Council through- out; that said ordinance has been approved by the Mayor and is duly attested by the City Secretary; and that the same has been duly engrossed and enrolled in the records of the City of La Porte, Texas. EXECUTED under my hand and the official seal of the City of LaPorte, Texas, at said City, this day of , 1980. (SEAL) 0 CITY SECRETARY CITY OF LA PORTE, TEXAS UTILITY EXTENSION AGRE %U.NT • THE STATE OF TEXAS X X COUNTY OF HARRIS X This agreement, made this . 9 _ day of -Auaurt , 1980, by and between the City of La Porte, herein called "City", acting herein through its _Waste w Qt 4tipcA1.n nd , (Title of authorized official) and E. B. C. Strike out inapplicable terms (a corporation)(a partnership) • (an individual doing business as Red Glu engnen of Laporte , County of HatAiz , and State of TPYRA hereinafter called "Party." W I T N E S S E T H (1) All references to "Utility Main(s)" hereunder shall, for the purposes of this agreement, refer to WkFAM&I'M (2) Owner is the owner of certain property in the City of La Porte, Harris County, Texas, identified as • Stock 436, Loth 14, 1.5, 16 City of LaPohie City's utility mains do not presently extend to said property. Owner has requested City to extend utility mains to Owner's said • property. (3) City hereby agrees to construct and install an extension of its utility mains) to said property commencing at the nearest • existing utility main(s) of sufficient size and capacity. Thence along/thru City of La Porte rights -of -way and/or easements to said Owner's property. Provided, however, that should City not possess all necessary rights -of -way and/or easements to complete said extension(s), Owner shall be solely responsible for obtaining said additional rights -of -way and/or easements at no cost to City. (4) Owner agrees to pay all costs related to the construc- tio" and installation of said line(s) including necessary appur- tenances in conformance with City's standards and specifications for said line(s). Owner further agrees to pay all engineering fees for survey, design, contract documents, bidding, construction staking, and construction inspection. (5) Subject to the provisions of this agreement, City hereby • agrees to construct and install said extension of its utility main(s) according to the plans and specifications to be prepared by City's engineer. Prior to City authorizing the City's engineer to prepare plans and specifications Owner will deposit with City in escrow a sum of money based on and equal to the City engineer's estimated project cost in conformance with Section 4, less esti- mated construction, construction staking and inspection costs. Thereafter, City will authorize the City engineer to prepare plans and specifications for said extension(s). Upon completion of plans and specifications City will place the project for bid. When bids are received they shall be tabulated by the City and a copy of said tabulation shall be provided to Owner. Thereafter, Owner shall deposit with City in escrow a sum equal to the amount bid by the lowest responsible chosen bidder, plus a sum equal to the estimated construction staking and inspection fees if applicable. When said deposit has been made by Owner, City shall execute a contract for said extension(s). It is agreed and understood that the deposited escrow amount made by Owner does not relieve Owner from paying for any unforseen costs and/or cost overruns in the project that result from circumstances beyond the control of City. (6) City agrees to accept the value of the extension(s) that abutt said Owner's property as a pro rata portion of the prevailing square footage and/or front footage connection charge for water and/or sewer service against said property belonging to Owner. • Owner shall be responsible for all other customary charges. (7) Upon execution of this agreement and compliance with terms herein, City agrees to begin the preparation of engineering plans and construction specifications for said extension(s), and to begin construction thereof as soon as the same may be let for contract as herein provided. City shall require the contractor under such contract to diligently pursue the construction of the project to completion. n �J (8) In the event that other owners of property abutting the line(s) extended by Owner under this contract, as shown on the Plat attached hereto as Exhibit A and incorporated by reference herein, shall utilize the extended line(s) constructed under this agreement, by making connection thereto under a permit from City within a period of ten (10) years from and after the date City has accepted the construction of said facilities by the contractor, City agrees to collect from said property owners, its prevailing square footage and/or front footage connection fees from said property owners and to reimburse Owner the amount collected from such property owners, until Owner has been reimbursed a maximum total of the sum paid by Oc-rner to the City under the terms of this agreement, less Owner's own water and/or sewer square footage and/or front footage connection charges. Pg. 2K C 0 • • IN WITNESS P1iiEREOF, the Parties to these present have executed this agreement in several counterparts, each of which shall be deemed an original, in the year and day first mentioned above. (Seal) ATTEST: By: Ts-'ecretary (Seal) Secretary Witness Approved as to Form: CITY OF LA PORTE By: IVY • Q'1."ko �sM lis Address and zip code (City Attorney Note: City Secretary should attest: If Party is a corporation, Secretary of Corporation should attest. Pg. 3K .s 0 E� ►� Y i N ��, � �,� �\ �,y s.e-�=w�c' 1..1�: Ems- S 1� mi bo • • Setum Line B5 ti.ma.te I►: Lots Foun•teen (14) , Fi6.tecn (15) , and Sixteen (16) in 13tock Fowt Hundred Thi,L.tu-d.i.x (436) o6 La Pon.te, La Porte, Texas. (Fred Wu tengnen) The FoaowIEng are .the Ma.te't,iaLs and .the co,s•t to complete .the ex•tcmionz . 392' Shcedule 40 PVC pipe 1 8' Man Hot e 2 ning and Zi.d 65 yards o6 6itt hand 401 8" Ca.6 t ikon pi.p $1.42 pen 6.t. $497.00 each $85.00 each $3.95 pen yard -�4.75 pen 6.t. To•tct These Est,&ia•ted do not inceude tabors and enginemi-ng costs . $556.64 497.00 170.00 256.75 - .190.00 $1.670.39 R - E.Q.C., INCORPORATED - - _,-w—::-2833 'r •_ - _ P. O. BOX 666 471-5325 OR 5727 - „' BAYSIHORE NATIONAL BANK i-, - O► LA ►GAT9 LA FORTE. TEXAS 77571 _ -.. LAPORTE TEXAS 77571 - � ^ - 1130 PAY ID 3, 4 BOO - OAT%AMOUNT S" TO THCORDER •/� OF O/ � _ . —. —. L_�V.. �r `�. -•.. _!� _..-'`.• _ � _.i�.. _ -. _"_ter-.Z `�•,` ^ t• 00 28 3 3n . L 1300 2 186�. �� 0 21116 50 �� DETACH AND RETAIN THIS STATEMENT �TyE ATTACHED CHECK IS IN PAYMENT OP ITEM! OCSCRIBCO' BELOW." " _ 77- E.B.C. INCORPORATED _ "_Ir NOT CORRECT PLEASE NOTIFY US PROMPTLY. NO RECEIPT DESIRED. - - - - '- LA PORTE, TEXAS DELUXE FORM TWC-3 V-3 _. •• — — ' DATE DESCRIPTION AMOUNT ? -ZQ-90 C� J P9. 5K' 7L UTILITY EXTENSION AGREEMENT • THE STATE OF TEXAS X X COUNTY OF HARRIS X This agreement, made this 3rci day of September , 19 80 , by and between the City of La Porte, herein called "City", acting herein through its Water and Wastewater Superintendent (Title of au tiiorized official and B. W. F. Strike out inapplicable terms (a corporation)(a partnership) • (an individual doing business as of LA PORTE , County of HARRIS , and State of TEXAS , hereinafter called "Party." W I T N E S S E T ii (1) All references to "Utility Main(s)" hereunder shall, for the purposes of this agreement, refer to 360 feet 8" AC Water Line 332 feet8" Sanitary Sewer (2) owner is the owner of certain property in the City of La Porte, Harris County, Texas, identified as • Block 618 in Lots 1-32 of La Porte, Texas. City's utility mains do not presently extend to said property. • Owncr has requested City to extend utility mains to Owner's said property. Pg. 6K (3) City hereby agrees to construct and install an extension of its utility main(s) to said property commencing at the nearest • existing utility main(s) of sufficient size and capacity.- Thence along/thru City of La Porte rights -of -way and/or easements to said Owner's property. Provided, however, that should City not possess all necessary rights -of -way and/or easements to complete said extension(s), Owner shall be solely responsible for obtaining said additional rights -of -way and/or easements at no cost to City. (4) Owner agrees to pay all costs related to the construc- tion and installation of said line(s) including necessary appur- tenances in conformance with City's standards and specifications for said line(s). Owner further agrees to pay all engineering fees for survey, design, contract documents, bidding, construction staking, and construction inspection. (5) Subject to the provisions of this agreement, City hereby • agrees to construct and install said extension of its utility main(s) according to the plans and specifications to be prepared by City's engineer. Prior to City authorizing the City's engineer to prepare plans and specifications Owner will deposit with City in escrow a sum of money based on and equal to the City engineer's estimated project cost in conformance with Section 4, less esti- mated construction, construction staking and inspection costs. Thereafter, City will authorize the City engineer to prepare plans and specifications for said extension(s). Upon completion of plans and specifications City will place the project for bid. When bids are received they shall be tabulated by the City and a copy of said tabulation shall be provided to Owner. Thereafter, Owner shall deposit with City in escrow a sum equal to the amount bid by the lowest responsible chosen bidder, plus a sum equal to the estimated construction staking and inspection fees if applicable. When said deposit has been made by Owner, City shall execute a contract for said extension(s). It is agreed and understood that the deposited escrow amount made by Owner does not relieve Owner .from paying for any unforseen costs and/or cost overruns in the project that result from circumstances beyond the control of City. (6) City agrees to accept the value of the extension(s) that abutt said Owner's property as a pro rata portion of the prevailing square footage and/or front footage connection charge for water and/or sewer service against said property belonging to Owner. • Owner shall be responsible for all other customary charges. (7) Upon execution of this agreement and compliance with terms herein, City agrees to begin the preparation of engineering plans and construction specifications for said extension(s), and to begin construction thereof as soon as the same may be let for contract as herein provided. City shall require the contractor under such contract to diligently pursue the construction of the project to completion. • (8) In the event that other owners of property abutting the line(s) extended by Owner under this contract, as shown on the plat attached hereto as Exhibit A and incorporated by reference herein, shall utilize the extended line(s) constructed under this agreement, by making connection thereto under a permit from City within a period of ten (10) years from and after the date City has accepted the construction of said facilities by the contractor, City agrees to collect from said property owners, its prevailing square footage and/or front footage connection fees from said property owners and to reimburse Owner the amount collected from such property owners, until Owner has been reimbursed a maximum total of the sum paid by Owner to the City under the terms of this agreement,- less Owner's own watc.r and/or sewer square footage and/or front footage connection charges. Pg. 7K CB GENERAL CONTRACTORS,INC. 7WF)P. O. BOX 1628 LA PORTE, TEXAS 77571 September 3, 1980 MEMORANDUM TO: Mr. Chacko Thomas Waste Water Supt. SUBJECT: Sewer and Water Extension on "F" Street west from North 16th Street to serve Block 618, City of LaPorte, Harris County, Texas CONSTRUCTION REQUIRED: Per design by H. Carlos Smith, P.E. 360 L.F. 8" A.C. Water Line 1 each Fire Hydrant 1 each 2" Serv'ice - - 332 L.F. 8" Sanitary Sewer 2 each Manholes 1 each 6" Service • COST: Water Service $5,070.00 Sewer Service $5,812.00 I trust you find these figures helpful in planning your extension agreements and construction permit§. Please contact me if you have any questions. Sincerely, ABie1fW 4Fe r President � /C� �- , I I � �S77 V1- " / z T "' --'v'j '-5 �' ?( / C ), /;'- - / �-� �-- -5, 631 NORTH 16th STREET PHONE 713/471-9600 PG. 9K IN WITNESS WHEREOF, the Parties to these present have executed :his agreement in several counterparts, each of which shall be teemed an original, in the year and day first mentioned above. (Seal) ATTEST: By: Secretary (Seal) • Secretar Witness; i Approved as, to Form: City Attorney CITY OF LA PORTE By: CHACKO THOMAS Title: WATER & WASTEWATER SUPERINTENDEN By: Bill W. Fleener Title: President 631 North 16th Street Address and zip code LaPorte, TX 77571 Note: City Secretary should attest: If Party is a corporation, Secretary of Corporation should attest. • • rw NWIVIN TO: Jim Hudgens, City Manager FROM: Jerry Hodge, Director of Public Works DATE: September 10, 1980 SUBJECT: Fairmont Park Water.Well #2 With reference to the attached letter from Layne Texas Company, I recommend that we schedule the work for well # 2. It is inoperable because of sand production. Layne Texas Company was the original driller of the well and I recommend that we issue a work order to them on an emer- gency basis so they can place the job on their work schedule. Their letter states that they have a two week back log, but • in talking with them I have found out that the back log is greater than two weeks. I feel that the work in well #2 is necessary in order to meet the water demand of Fairmont Park. I do not think that well #1 would be adequate for an extended period of time. Well #2 is the high production well. It pumps 1500 gallons per minute whereas well #1 pumps only 700 gallons per minute. Since the work will be scheduled after October 1, 1980, I suggest that it be charged to the appropriations for the 1980-81 budget. I submit this for your consideration. Pg. 1M • C� • Jqyne Texas Company SM • City of LaPorte P. 0. Box 1115 LaPorte, Texas 77571 Attention: Jerry Hodge Reference: Fairmont Park Water Well Dear Jerry: 5402 Lawndale P.O. Box 9469 Houston, Texas 77001 713/928-5741 • August 26, 1980 After talking with Chacko today, we have concluded that the sand problems you are encountering are coming from the well nearest the swimming pool, which we have listed as well #2. Chacko tells me that this was the only well running when the sand problems were encountered and that since the alternate well has been run and the tank has been cleaned out, that your problem has disappeared. These two facts seem to conclude that the sand is coming from well #2. We did notice large amounts of sand being produced on start up at the time we tested the wells last month. I recommend that the well pump be removed from the well and an attempt made to settle the gravel pack in the well to lessen or eliminate the sand production. While the pump bowl is out of the well, I also recommend that it be brought to our yard for a thorough inspection to check for possible sand abrasion and other abnormal wear. After we have completed the well gravel work, the pump shall be reinstalled and put in service. A test shall be made to determine the success of the well work over. The following is an estimation of the time needed for the recommended work with corresponding rate charges. Please note that the time estimated for pulling and inspecting the pump as well as reinstallation should be relatively close to actual time spent. However, the time for well gravel settling is dependent solely on the well and any estimation is purely that. Set up, remove pump and column pipe - CB 4 - 21 hrs. @$98.00 Hauling bowl to yard - CB11- Breakdown and inspection of bowl - CB 12 - 4 hrs. @$25.00 plus 4 hrs @$18.00 Treat, agitate and work over gravel pack - 36 hrs,@$98.00 Equipment needed for work over Haul bowl to job site Reinstallation of bowl and column - 21 hrs. @$98.00 $ 2,058.00 200.00 172.00 3,528.00 2,000.00 200.00 2,058.00 Pg. 2M • • • Miscellaneous equipment necessary for work Two hour sand test - 2 x $98.00 Total Estimated Cost $700.00 196.00 $11,112.00 Work can be scheduled at your convenience; however, we have approximately a two week back log at this time due to the dry weather. Please note that this estimate does not include any estimation of repair parts. This is considered realistic due to the condition Don and I found the well in on our last visit. If repairs are found, they will be charged on a cost plus basis. • LGB/nf Enclosures r1 Respectfully, LC Larry Behrens P.E. LAYNE TEXAS COMPANY Pg. 3M • August 6, 1980 Mr. James R. Hudgens, City Administrator City of La Porte P. O. Box 1115 La Porte, Texas 77571 Re: Water and sewer line extensions to Block No. 831, Town of La Porte Dear Mr. Hudgens: I am in the process of immediate development of all of Block No. 831, Town of La Porte, located between West F and West G Streets, and between South Fourteenth and South Fifteenth Streets. • I am asking, under City Ordinance No. 759, that the water and sewer lines be extended to service Block No. 831, with myself paying the total square foot fees for water and sewer connections, and requesting the City to pay the difference between the connection fees and the total cost of the lines. I would need an early decision from the City of La Porte. Thank you for considering this matter and presenting it to the City Commission for an early decision. Respectfully, ?�/� Charles D. Boyle 623 South Kansas L-/ La Porte, Texas 77571 40 CITY OF LA PORTE • COMMERCIAL PETITION FOR EXTENSION OF WATER AND SEWER MAINS NAME OF PERSON MAKING REQUEST STREET ADDRESS LEGAL DESCRIPTION OF PROPERTY FEES WATER FRONT FT. FEE _ $1.73 per 120 Sq. ft. WATER TAP $184.00 TOTAL WATER SEWER FRONT FT. FEE _ $2.88 per 120 sq. ft. 4 % j g Sewer Tap Fee $149.50 1 • TOTAL SEWER INSPECTION FEE $5.75 COMBINED WATER AND SEWER APPROVED CITY ENGINEER COMMISSIONERS b SIGNATURE OF PERSON MAKIN RE UEST Date of request_ Date of Payment Receipt number Date completed RESOLUTION NO. • A RESOLUTION APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OCTOBER 1, 1980, THROUGH SEPTEM- BER 30, 1981, FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET. WHEREAS, the Charter of the City of La Porte, Texas, and the statutes of the State of Texas, require that an annual budget be prepared and presented to the City Council of the City of La Porte, Texas, prior to the beginning of the fiscal year of said City, and that a public hearing(s) be held prior to the adoption of said budget; and, WHEREAS, the budget for the fiscal year October 1, 1980, through September 30, 1981, has heretofore been presented to the City Council and due deliberation had thereon, and a public hear- ing(s) having been held as required by law and all comments and objections have been considered; WHEREAS, the following is a summary of the sources of revenue, and of the amounts appropriated and the purposes for which the same shall be spent: GENERAL FUND REVENUE ALL SOURCES ALLOCATIONS FIRE DEPARTMENT POLICE DEPARTMENT ADMINISTRATION PUBLIC WORKS PARKS & RECREATION ENGINEERING DEBT SERVICE CONTRIBUTION TO CAPITAL IMPROVEMENT FUND COST OF LIVING ADJUSTMENT CONTINGENCY FOR RESERVE • REVENUE SHARING FUND REVENUE ALL SOURCES PROJECT APPROPRIATIONS CONTINGENCY RESERVE CAPITAL IMPROVEMENT FUND BEGINNING APPROPRIATION CONTRIBUTION FROM GENERAL FUND TOTAL AVAILABLE • $ 636,854 1,127,775 989,601 2,280,995 617,009 428,708 775,041 50,000 358,533 112,071 210,000 40,122 450,000 50,000 $7,376,587 7,376,587 250,122 250,122 500,000 Pg. 1P • 0 RESOLUTION NO. ko-9 • WATER AND WASTEWATER FU.N: REVENUE ALL SOURCES $1,700,944 ALLOCATIONS WATER DEPARTMENT $ 662,747 WASTEWATER DEPARTMENT 631,503 ADMINISTRATIVE TRANSFE:. 299,672 GENERAL FUND DEBT SERVICE 11,875 COST OF LIVING ADJUST= 57,677 CONTINGENCY RESERVE 37,470 1,700,944 • NOW, THEREFORE, BE = 3ESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: THAT, the budget f -e City of•La Porte, Texas, now before the said City Council fo: =sideration, as hereinabove summarized and a complete copy of w;-- is on file with the City Secretary, be, and the same is here- =:opted as the budget for the said City of La Porte, Texas, for -_ :eriod of October 1, 1980, through September 30, 1981; BE IT FURTHER RESC= that the said City Council finds that all things requisite and ==ssary to the adoption of said budget have been performed as r- —ed by Charter or Statute. PASSED AND APPROVE- —S day of September, A.D., 1980. ATTEST: • City Secretary APPROVED AS TO FORM: City Attorney • CITY OF LA PORTE, TEXAS By J. J. Meza, Mayor Pg. 2P ORDINANCE NO. • AN ORDINANCE LEVYING TAXES UPON TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO TAXATION IN THE CITY OF LA PORTE, TEXAS; AND MAKING APPROPRIATIONS FOR SUPPORT, MAINTENANCE, AND IMPROVEMENT OF THE CITY GOVERNMENT OF SAID CITY OF LA PORTE, TEXAS; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. That there is hereby levied for the current fiscal year beginning October 1, 1980, and ending September 30, 1981, on all real property situated and all personal property owned within the taxable limits of the -said City of La Porte, Texas, on the first day of January, 1980, except so much as may be exempt under the Constitution and laws of the United States, this State, and the City of La�.Porte, the following taxes: • (1) An Ad Valorem Tax of and at the rate of six nine one seven zero five ($.691705) cents on the one hundred ($100.00) dollars cash value thereof, estimated in lawful currency of the United States for the current expenses for the support, maintenance, and improvement of the City'Government of said City of La Porte, Texas. (2) An Ad Valorem Tax of and at the rate of two one eight two nine five ($.218295) cents on the one hundred ($100.00) dollars cash value thereof, estimated in lawful currency of the United States, to pay current interest on and provide one year's sinking fund and to pay all of the principal and interest accruing on all outstanding bonds lawfully issued by the City of La Porte, Texas. Section 2. All property upon which a rate of taxation is hereinabove levied shall be assessed on a ratio of eighty (80) percent of the estimated market value thereof. Section 3. That the sums hereinafter accruing and collected from the hereinabove taxes so levied be and the same are hereby appropriated for the support, maintenance, and improvement of the City Government of the City of La Porte, Texas. • Section 4. The above and foregoing ordinance shall take effect and be in full force from and after its passage and approval, and it is so ordained. 1980. PASSED AND APPROVED, this the day of September, A.D., ATTEST: City Secretary APPROVED AS TO FORM: isCity Attorney CITY OF LA PORTE By J. J. Meza, Mayor Pg. 1Q • ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23, "TAXATION," OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY EXEMPTING TWENTY THOUSAND DOLLARS ($20,000.00) OF THE ASSESSED VALUE OF RESIDENCE HOME- STEADS OF DISABLED ADULTS AND PERSONS SIXTY-FIVE (65) YEARS OF AGE OR OLDER FROM ALL AD VALOREM TAXES LEVIED BY THE CITY OF LA PORTE FROM AND AFTER JANUARY 1, 1981; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Section 23-3, Chapter 23, "Taxation," of the Code of Ordinances of the City of .La Porte, Texas, is hereby amended to read as follows, to -wit: "TAXATION" "Sec. 23-3. Exception to payment of Ad Valorem Taxes. From and after January 1, 1981, Twenty Thousand Dol- lars ($20,000.00) of the assessed value of residence home- steads of an adult who is disabled for purposes of payment of disability insurance benefits under Federal Old -Age, Survivors and Disability Insurance, or is sixty-five (65) years of age or older shall be exempted from ad valorem taxes levied by the City of La Porte; provided, however, that any person desiring the right of exemption shall first complete and file with the Tax Assessor -Collector of the City of La Porte a sworn statement stating his name, age, and the legal description of said residence homestead; if disabled, a copy of Social Security disability certifica- tion; and, provided further, that no residence homestead shall be entitled to more than one residence homestead • tax exemption." Section 2. This Ordinance shall take effect and be in force from and after its passage and approval. Section 3. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council 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 Council further Pg. 1R 0 0 • Ordinance No. , Page 2. ratifies, approves and confirms such written notice and the contents and posting thereof. PASSED AND APPROVED this the day of , • 1980. ATTEST: -City Secretary APPROVED: • City Attorney • CITY OF LA PORTE By J. J. Meza, Mayor Pg. 2R CAE:mlh 9/16/806 L. D. 516 0 ORDINANCE NO. AN ORDINANCE ADJUSTING THE BOUNDARIES OF THE CITY OF LA PORTE AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF PASADENA, TEXAS, AND THE CITY OF LA PORTE, TEXAS WHICH AMENDS THE EXISTING EXTRATERRITORIAL AGREEMENT BETWEEN THE TWO CITIES AND WHICH EXCHANGES CERTAIN TERRITORY BETWEEN THE TWO CITIES; AUTHORIZING EXECUTION OF SAID AGREEMENT ON BEHALF OF THE CITY OF LA PORTE BY THE MAYOR AND ATTESTATION BY THE CITY SECRETARY, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. WHEREAS, the Mayor of the City of Pasadena and the Mayor of the City of La Porte have consulted with one another and, after • considering facts and conditions related to provision of municipal services, exercise of police powers and other pertinent matters, have agreed and concluded that it would be in the best interests of the two cities and of the inhabitants of the affected territories for the boundaries of the two cities to be so adjusted that certain territory now located within the corporate limits of the City of Pasadena be exchanged for certain territory now located within the corporate limits of the City of La Porte; and WHEREAS, the mayors of said cities have recommended to the respective city councils thereof that ordinances be adopted making provision for the aforesaid adjustments and exchange; and WHEREAS, the City Council of the City of La Porte has found • and determined that such adjustments of boundaries and such exchange are desirable and should be made; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: SECTION 1. That the Mayor be, and he is hereby authorized to execute for and on behalf of the City of La Porte and the City_ Secretary to attest, an exchange agreement between the City of Pasadena, Texas and the City of La Porte, Texas, which agreements amends the extraterritorial agreement now existing between the City of Pasadena and the City of La Porte, and further provides for the adjustments of the boundaries of the City of La Porte and the City of Pasadena so that effective at 12:00 o'clock midnight on the 24th day of September, 1980, the boundaries of the City of • La Porte shall be so adjusted that the territory described in Exhibit Pg. 1S • "B" , "C" , and "D" shall become and be- a part of the City of Pasadena. Effective at 12:00 o'clock midnight on the 1st day of April, 1984, the boundaries of the City of Pasadena shall be so adjusted that the territory described in Exhibit "E" shall become and be a part of the City of La Porte. A copy of the agreement is attached hereto and made a part hereof for all purposes as if set forth at this point in full. • SECTION 2. As evidence of the agreements hereby undertaken and the provisions hereby made, the City Secretary of the City of La Porte is hereby instructed to deliver to the City Secretary of the City of Pasadena a certified copy of this ordinance in exchange for a duly certified copy of an ordinance of like tenor and effect passed by the City Council of the City of Pasadena, and to file such certified copy of Pasadena's ordinance among the official records of the City of La Porte. SECTION 3. This ordinance shall take effect immediately upon its passage and approval by the Mayor. PASSED AND APPROVED this the day of A.D. , 1980. C� ATTEST: CITY OF LA PORTE BY: J. J. MEZA, MAYOR Mrs. Betty Waters, City Secretary APPROVED: Knox As ins, City Attorney • Pg. 2S CAE:mlh 9/15/846 L. D. 516 0 • THE STATE OF TEXAS Q G KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS d THAT, WHEREAS, by virtue of the Municipal Annexation Act, House Bill No. 13, Acts of the 58th Legislature, Regular Session, Chapter 160 (compiled by Vernon Law Book Compahy, and published by it, as Art. 970a, V.A.C.S.), the Legislature of the State of Texas provided for the several incorporated cities of the State of Texas to exercise specified extraterritorial juris- diction over territory without, but contiguous to, their respective corporate limits, the geographical extent of which is governed by the population of the particular_ incorporated city; and, WHEREAS, the cities of Pasadena, Texas and La Porte, Texas have previously, by the enactment of Ordinance No. 70-20, passed by the City Council of the City of Pasadena on February 3, 1970, and by the enactment of Ordinance No. 847, passed by the City Com- mission of the City of La Porte on February 9, 1970, apportioned the extraterritorial land existing within the extraterritorial overlap jurisdiction of the City of Pasadena and City of La Porte; and WHEREAS, it is the desire of the cities of Pasadena, Texas and La Porte, Texas to amend this extraterritorial agreement now • existing between the two cities so as to enable the City of Pasadena to annex to its territorial limits: 1. The area of land owned and possessed by the San Jacinto College, consisting of 141 acres, more or less. 2. The area of land owned by the City of Pasadena, designated as the Civic Center_ Site, and containing 80.8 acres of land, more or less. 3. The area of land owned by the City of Pasadena, and designated as the Park -Rodeo Grounds, and containing 24.814 acres of land; and WHEREAS, it is the desire of the Cities of Pasadena, Texas, and La Porte, Texas, to amend this extraterritorial agreement now existing between the two cities so as to enable the City of La Porte Pg. 3S 0 • • to annex to its territorial limits, at any date subsequent to the 1st day of April, 1984, an 80.8 acre, more or less, tract of land, more fully described by metes and bounds in Exhibit "E" attached hereto, incorporated by reference herein, and made a part hereof for all purposes; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, this contract and agreement between the cities of Pasadena, Texas, and La Porte, Texas: I. The City of La Porte, Texas,.shall have exclusive extraterritorial judisdiction over all land lying East and North of the line described by metes and bounds in Exhibit "A" hereof, said Exhibit "A" to be considered as fully incorporated herein. Consent and approval is hereby granted to the City of La Porte for the annexation by the City of La Porte, at any date subsequent to the 1st day of April, 1984, of that land described in Exhibit "E" attached hereto, and made a part hereof for all purposes. II. The City of Pasadena, Texas, shall have exclusive extraterritorial jurisdiction over all land lying West and South of the line described by metes and bounds in Exhibit "A" hereof, said • Exhibit "A" to be considered as fully incorporated herein. Consent • and approval is hereby granted to the City of Pasadena for the annexation by the City of Pasadena of that land described in Tract One, Two and Three, a copy of which is attached hereto as Exhibit "B", "C", and "D", and made a part hereof for all purposes. This agreement shall, to the extent necessary, constitute also an agreement for the exchange of territory between the two cities hereto; provided, however, as to the land described in Exhibit "E" attached hereto, the City of Pasadena shall be entitled to retain all revenues derived from its industrial district agree- ment with Fr_iendswood Development Company as to such tract of land, Pg . 43 0 • • until the expiration of such agreement on the 1st day of April, 1984. IV. This contract shall become effective and binding only after_ it has been approved by an ordinance of the governing body of the City of Pasadena, Texas, and an ordinance of the'governing body of the City of La Porte, Texas. Compliance with this paragraph shall be evidenced by • certified copies of the ordinances of the cities of Pasadena, Texas, and La Porte, Texas, approving this contract and exchange of territory, these certified copies shall be attached to this instrument as Exhibits hereto. This instrument shall be executed in duplicate originals. Approved by the City of Pasadena, Texas, on this the day of , A. D., 1980. JIM CLARK, MAYOR ATTEST: J. L. PITRE, CITY SECRETARY • Approved by the City of La Porte, Texas, on this the day of , A. D., 1980. ATTEST: • J. J. MEZA, MAYOR CITY SECRETARY Pg. 5S L.D. 516 9/15/ 0 • EXHIBIT "A" BEGINNING at a point in the south right-of-way line of Spencer Highway (100 foot wide), said point being the intersection of the south right-of-way line of Spencer Highway and the east line of the San Jacinto College 141 acre tract; said point being coincident with the northwest corner of College View Municipal Utility District as per Article 8280-381 of Vernon's Civil Statutes of the State of Texas; THENCE, southerly along the west line of the College View Muni- cipal Utility District and the east line of the San Jacinto College 141 acre tract to its intersection with the north line of Fairmont • Parkway 250 foot right-of-way, same being the southeast corner of the said San Jacinto College 141 acre tract and the southwest corner of the College View Municipal Utility District; THENCE, southerly along a projection of the west line of the College View Municipal Utility District and the east line of the San Jacinto College 141 acre tract to its intersection with the south right-of-way line of Fairmont Parkway 250 foot right-of-way to a point for. corner; THENCE, east along the south line of Fairmont Parkway 250 foot wide right-of-way to its intersection with the west line of a 200 foot wide Harris County Flood Control District right-of-way for. Willow Spring Gully which is designated as Ditch No. B112-00-00, for a point for corner; THENCE, southwesterly coincident with the meanders of the west line of the 200 foot wide right-of-way of Willow Spring Gully, Harris County Flood Control District Ditch B112-00-00, to its intersection with the north corporate limit of the City of Pasadena, same being the north line of a 200 foot wide strip annexed by the City of Pasadena and also being the south line of the W. M. Jones Survey and the north line of the George B. McKinstry Survey, Abstract No. 47, for a point for corner; • THENCE, east with the north line of the George B. McKinstry Survey A-47 and the south line of the W. M. Jones Survey and the corporate limit line of the City of Pasadena to the east line of the 200 foot wide right-of-way of Willow Spring Gully, Harris County Flood Control District Ditch B112-00-00; THENCE, southwesterly with the east line of the 200 foot wide right-of-way of Willow Spring Gully Harris County Flood Control District Ditch B112-00-00 to a point 469 feet south of the north line of the George B. McKinstry Survey A-47; THENCE, east 469 feet south of and parallel to the north line of the George B. McKinstry Survey A-47 to a point 200 feet west of the west line of that certain tract of land conveyed to Dart Industries and El Paso Products Company by Friendswood Development Company by deed dated March 14, 1974, and recorded under Film Code Number 103-11-0868, Deed Records, Harris County, Texas; THENCE, north 200 feet west of and parallel to the west line of the property owned by Dart Industries and E1 Paso Products Company a distance of 469 feet to the north line of the George B. McKinstry Survey A-47 and the corporate limit line of the City of Pasadena, Harris County, Texas; THENCE, easterly along the north line of the George B. McKinstry Survey, Abstract No. 47, to its intersection with the center. line • of Big Island Slough, for a point for corner.; Pg. 6S • THENCE, southerly along the meanders of the center_ line of Big Island Slough to its intersection with a line parallel to and 3410 feet more or less measured at right angles southerly from the north line of the George B. McKinstry Survey, Abstract No. 47, for a point for corner, said point being on the north line of that territory annexed to the City of Houston by Ordinance No. 65-1555 B-R; THENCE, easterly along the north line of the said territory described by City of Houston Ordinance No. 65-1555 B-R, and its easterly extension, to its intersection with the west right-of-way line of the•G. H. & S. A. Railroad, for a point for corner; THENCE, southerly along the west right-of-way line of the G. H. & S. A. Railroad to its intersection with the westerly extension of the north city limit line of the City of Shoreacres, Harris County, Texas; • THENCE, easterly along the westerly extension of the north city limit line of the City of Shoreacres, to the northwest corner of the city limits of the the City of Shoreacres. . • • Pg. 7S 1462 i .CYNOIOs ,uv //t P'V JA� .", S I 1�' 1 «r«. - W • ... ir+. ,.r.. .r.,.n..+rd .... n • -..... ,. i .., . � �� ��� � i � �,r I I'��s � i i ,_.. �LJ ~` ... t� ^ �d�3Llr�L' - L�, _ � � �'-�t�if'-l'I -- \ Ui_y � .!`/ �.r , ..-w., .,,....,. is�'� r�ntl• � �4 1 'ir": ...... 1 «. ..I,. �L�,---�...w. � �L1�, `.r�� i W.M. J0'EelI —A-.r__--_ �«�.y�-..-,.- �-111 _- - �_____7— �r, 'Tr— ��rLJ'}t.7�CS�t .. 'iz•, 3„„�n'II J��F.`66 J'x�J1l�r t � r ..r ..... a� -- — ------ /BAYPORT , �--M- M..,...,,,.,-G.E.O... 6.«M°..K i N./1. R<X ..-...A-4709 Jr%e LINOeEr Jl _•„ _ u \` �� P HARRISco J ' • .' 1 \ ' E \ n.. « w I .... may",', ��' 'it ,1 • •a.r'H ...�K F 1 ` �,�` I �z,\ 4 v \/,, � wM. OOeE :".. u.-�... , s....-.�....r r... I'"��n -• 0'JO .....•.,,. rv. �� � �1�L�^\���F! __ ,. ._.. .. .._.....,_..•-w.........,.,.....u........,rM...,,,a,..... ur«. Ir•-�.•e:'"� � S`'-i�,.� ^' ...", r", 4 `i, � � �- � � -yea � � ��- _ , BAY'TORT HARRIS —=. ao + 0 0 • TRACT ONE Being a tract of land situated south of Spencer Highway and east of Red Bluff Road east of the present corporated limits of the City of Pasadena, Harris County, Texas. Said tract being in the W. M. Jones Survey, Abstract No. 482, Harris County, Texas and being more particularly described by metes and bounds as follows, to wit: BEGINNING at the point of intersection of the west line of the W. M. Jones Survey and the south line of the Spencer Highway 100 foot wide right of way; said Place of Beginning also being in the east line of the Fabricus Reynolds Survey, Abstract No. 643 at the northwest corner_ of the San Jacinto College 141 acre tract; said point being on a city limits • line of Pasadena, Texas; THENCE, easterly along the south line of the Spencer High- way 100 foot wide right of way and the north line of the San Jacinto College 141 acre tract to the northeast corner of the San Jacinto College 141 acre tract; said point be- ing coincident with the northwest corner of the College View Municipal Utility District as per Article 8280-381 of Vernon's Civil Statutes of Texas. THENCE, southerly along the west line of the College View Municipal Utility District and the east line of the San Jacinto College 141 acre tract to its intersection with the north line of Fairmont Parkway 250 foot right-of-way, same being the southeast corner of the said San Jacinto College 141 acre tract and the southwest corner of the College View Municipal Utility District; THENCE, west along the north line of Fairmont Parkway 250 foot wide right of way to its intersection with the west line of the W. M. Jones Survey, Abstract No. 482, for a point for corner; THENCE north along the common line between the W. M. Jones Survey and the Fabricus Reynolds Survey, also being the . east Corporate Limits of the City of Pasadena, to THE PLACE OF BEGINNING. 0 EXHIBIT "B" Pg. 9S • TRACT TWO A tract of land containing 16.5 acres of land, more or less, out of the George B. McKinstry Survey, Abstract No. 47, Harris County, Texas and being more fully described by metes and bounds as follows, to wit: BEGINNING at the point of intersection of the east line of the Red Bluff Road 300 foot wide right of way' and the northwest line of the 200 foot wide right of way of Wil- low Spring Gully, Harris County Flood Control District Ditch designated No. B112-00-00, said point being on a city limits line of Pasadena, Texas; • THENCE, in a northwesterly direction along the easterly line of Red Bluff Road 300 foot wide right of way to its intersection with the Corporate Limits of the City of Pasadena, being the south line of a 200 foot wide strip annexed by the City of Pasadena. Said line also being 200 feet south of and parallel to the north line of the George B. McKinstry Survey; • • THENCE, easterly along the Corporate Limits of the City of Pasadena and the south line of the 200 foot wide strip annexed by the City of Pasadena 200 feet south of the north line of the George B. McKinstry Survey to a point of intersection with the northwesterly line of the 200 foot wide right of way of Willow Spring Gully, HCFC District Ditch No. B112-00-00; THENCE, in a southwesterly direction along the north- westerly line of Willow Spring Gully 200 foot wide right of way to THE PLACE OF BEGINNING. EXHIBIT "C" Pg . lOS • 0 TRACT THREE BEGINNING at a point in the south right of way line of Fairmont Parkway (250 feet wide), said point being the intersection of the south right of way line of Fairmont Parkway (250 feet wide) and the common line between the Fabricus Reynolds Survey, A-643, and the W. M. Jones Survey, A-482, said point being on a city limits line of Pasadena, Texas; THENCE, easterly along the south right of way line of Fairmont Parkway (250 feet wide) to its intersection with the west line of a 200 foot wide Harris County Flood Control District right of way for Willow Spring Gully which is designated as Ditch No. B112-00-00; THENCE, southwesterly, coincident with the meanders of the west right-of-way line of the-200 foot wide right of way of Willow Spring Gully, HCFC District Ditch B112-00-00, to its intersection with the north Corporate Limit of the City of Pasadena, same being the north line of a 200 foot wide strip annexed by the City of Pasadena and also being the south line of the W. M. Jones Survey and the north line of the George B. McKinstry Survey, Abstract No. 47; THENCE, west along the north line of the Corporate Limits of the City of Pasadena and the north line of the George B. McKinstry Survey to a point of intersection with the east line of the Red Bluff Road 300 foot wide right of way; THENCE, northwesterly along the east line of Red Bluff Road 300 foot wide right of way to its point of intersec- tion with the west line of the W. M. Jones Survey and the east line of the Fabricus Reynolds Survey, same being in the east line of the Corporate Limits of the City of Pasadena; THENCE, north along the common line between the W. M. Jones Survey and the Fabricus Reynolds Survey, also being the east Corporate Limits of the City of Pasadena, to THE PLACE OF BEGINNING. EXHIBIT "D" PLr_ IIS rr.+,., n4crr I I ,) V I ' ,I I -r?Ac v F XI COLLEGE _ -VIE W7---MUNTCIPTC---- UTILITY DISTRICT -----� e ACReS 144.1 ACRES SAN J.C,NIO 333,24, COLLEGE t4t ACRES F RE YNOLD S s u R v E w m JONES --s" LI, R V E Y A- 482 A- 643 FAIRMONT PARKWAY THE CITY OF PASADENA C.T 1 01 P�SIIOENA PROPOSED ANEXATiON MAP C CIIIC CENTER SITE 0' ��S C CENTER A OEN E 01 F L 0 I"ll 11 T CO r RACT 2 ACT 00-1 8 WKINSTRY SIJF,,/E ( A—1 7 JIVVIIE D. COKER P E. sc "it f A F 1* 10 Being a tract of land out of the George B. McKinstry Survey, A-47, Harris County, Texas, said tract of land being more particularly described by metes and bounds as follows: BEGINNING at the intersection of the East lime of 200 foot wide right of way of Willow Spring Gully, HCFC District Ditch B 112-00-00 and the North line of the George B. McKinstry Survey A-47; THENCE East with the North line of the George B. McKinstry Survey, A-47, 7270 feet to a point for corner, said corner being 200 feet West of the West line of that certain tract of land conveyed to Dart Industries and E1 Paso Products Company by Friendswood Development Company by deed dated March 14, 1974, and recorded under. Film Code Number 103-11-0868, • Deed Records, Harris County, Texas; 0 THENCE South parallel with the West line of the property owned by Dart Industries and E1 Paso Products Co., a distance of 469 feet for a point for corner; THENCE West parallel to and 469 feet South of the North line of the George B. McKinstry Survey, A-47, to the East line of the 200 foot wide right of way of Willow Spring Gully, HCFC District Ditch B 112-00-00 for a point for corner; THENCE Northeasterly with the East line of the 200 foot wide right of way of Willow Spring Gully HCFC District Ditch B 112-00-00 to the PLACE OF BEGINNING and containing 80.8 acres more or less. EXHIBIT "E" Pg. 14S MEMORANDUM • September 11, 1980 TO: Mayor and Council FROM: J. R. Hudgens SUBJECT: Rollins Environmental Services (TX), Inc. Attached hereto are correspondence and supporting informa- tion from the above requesting that Council initiate action to deannex the proposed Rollins landfill site and enter into an in lieu of taxes agreement with them so they can proceed with their project. My understanding of Council's position is that the existing zoning classification of Commercial for the subject tract as a buffer from industrial development in the Battleground Industrial District would not be changed. In addition, Council indicated that the construction and operation of a hazardous waste land- fill in that general area was not in the best interest of the citizens of La Porte both from an environmental and land use position. Since, however, Rollins has made a written request, they • deserve a formal written response to their request. Also, I would like to suggest that the sooner this item is put to rest, the better. Therefore, if there are no objections, I will place their request on the agenda for our September 24th meeting for final disposition by Council. If you have any additional thoughts or need additional inform- ation for consideration between nQw and the 24th, let me know and I will provide it. Z01 JRH/cb Enc. 0- J.A1H. qudgens Pg. 1T • E • PORTE September 16, 1980 Mr. Jerry D. Neel Vice President ROLLINS ENVIRONMENTAL SERVICES (TX) INC. P. 0. Box 609 Deer Park, Texas 77536 Dear Mr. Neel: This will acknowledge receipt by the City of La Porte of your letter of September 10, 1980. Inasmuch as the City of La Porte will not have another meeting of its City Council until September 24, 1980, and you have requested expeditious handling of this matter, I have furnished a copy of your letter and attachments to each member of the City Council, and have discussed the contents of your letter with each member of the Council, and have polled the Council, which has unanimously authorized me to advise your firm that the offer contained in your letter of September 10, 1980, would not be accept- able to the City of La Porte. Of course, formal action on your request must await the meeting of September 24, 1980, but I did want to advise you of the results of my poll of City Council. The City of La Porte shares your firm's concern for safe and secure disposal of industrial solid waste. However, the City of La Porte continues to feel that the proposed site is not appropriate for such a facility. The zoning of the proposed site is "commercial," and is part of a "buffer" zone between a residential -commercial zone, and the Battleground Industrial District, which is zoned industrial. I have requested the City Secretary to place your written request on the agenda for the City Council meeting of September 24, 1980, at which meeting City Council will act formally on your firm's request. Yours very truly, CITY OF LA PORTE J. J. Qeza�,May�o��� For the City Council &JJM:jm