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HomeMy WebLinkAbout1981-11-18 Regular Meeting• • • MINUTES OF THE REGULAR MEETING OF THE LA PORTE CITY COUNCIL NOVEMBER 18, 1981 1. Meeting called to order by Mayor Meza at 7:00 P.M. Members of the Council Present: Mayor J. J. Meza, Council- persons Norman L. Malone, Jo n Longley, I. J. Kibodeaux, Deotis Gay, Don Skelton, Linda Westergren Members of the Council Absent: Councilpersons Gus Faris, Tom Simons Members of City Staff Present: City Attorney Knox Askins, City Secretary Betty T. Waters, Director of Public Works Jerry Hodge, Director of Parks & Recreation Stanley Sherwood, Assistant Police Chief Robert Hall, Director of Engineering Services John Joerns, Tony White of the F-ire Marshal's office. Others Present: Betsy Webber, Bayshore Sun; Frieda Beaty, Baytown Sun; 14 citizens 2. City Attorney Askins gave the invocation due to Councilperson Skelton's absence from the Council table. 3. Council considered the minutes of the Regular Meeting of the La Porte City Council held November 4, 1981. A motion was made by Councilperson Kibodeaux to accept and ap- prove the minutes as presented.. Seconded. by Councilperson Longley. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Malone, Longley, Kibodeaux, Gay, Skelton, Westergren and Mayor Meza Nays: None 4. Council considered the appointment of a representative and alternate to the Houston-Galveston Area Council for 1982. A motion was made b Councilperson. Malone to appoint Council- person B. Don Skelton as t e 1982 Representative and Gus Faris as alternate. Seconded by Councilperson Kibo eaux. T e motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Malone, Longley, Kibodeaux, Gay, Skelton, Westergren and Mayor Meza Nays: None u L J • Minutes, Regular Meeting, La Porte City Council November 18, 1981, Page 2 5. Mayor Meza asked that the Ordinance appointing directors to the La Porte Area Water Authority be delayed until such time on the agenda .until a brief executive workshop be held to consider a personnel matter. 6. Council considered the recommendation of Head of Engineering Services Joerns concerning the bid received for the Level Crew pick-up. The bid was received from Joe Camp Ford in the amount of $8,010.86, well within the 1981-82 FY budgeted amount. A motion-was made by Councilperson Skelton to approve the pur- chase of the 1982 model Ford pick-up bid by Joe Camp Ford in the amount of 8,010.86. Seconded by Councilperson Westergren. The motion carried, 7 ayes and O nays. Ayes: Councilpersons Malone, Longley, Kibodeaux, Gay, Skelton, Westergren. and Mayor Meza 7. Council considered authorizing payment to H. Carlos Smith for engineering fees in the amount of $933.43 in connection with oversizing the water line along Fairmont Parkway and Underwood ~~ Road . A motion was made by Councilperson Westergren to ay H. Carlos Smith the amount of 933.43 from the 1980-81 FY Water Improve- ment Fund, the City's s are of t e fees for engineering in the oversizing of t e water main. on Fairmont Par way to„t e U-Tote-M site. Seconded y Councilperson Ki o eaux. T e motion carried, ayes and 0 nays. Ayes: Councilpersons Malone, Longley, Kibodeaux, Gay, Skelton, Westergren and. Mayor Meza Nays: None 8. Council considered the recommendation of Chief Inspector Paulissen on bids received for one (1) standard four-door sedan for the Inspection .Department (budgeted amount $9,000.00). Two bids were received; 1. Joe Camp Ford - $8,339.85 2. Timmers Chev. - $8,707.34 Since both vehicles met the specifications, Paulissen recom- mended the low bid be accepted. • • • • Minutes,. Regular Meeting, La Porte City Council November 18, 1981, Page 3 A motion was made submitted by Joe person Kibodeaux.. Councilperson Skelton to accept the bid Ford for 8,339.85.. Seconded. by Council- e motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Malone, Longley, Kibodeaux, Gay, Skelton, Westergren and Mayor Meza Nays: None 9. City Attorney Askins read: AN ORDINANCE ANNEXING ON FINAL READING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF LA PORTE, AND EXTENDING. THE BOUNDARY LIMITS OF THE SAID CITY OF LA PORTE, TEXAS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. A motion was made by Councilperson Kibodeaux to adopt and ap- ~rove Ordinance No. 1289 upon the petition for annexation received from owners Trammel Crow Distri ution Corporation the area to be annexed to come into e City wit a Lig t Industria - Pu lic Ware Ouse Zoning c asst ication. Seconded by Councilperson Longley. The motion carried, 7 ayes and 0 nays. •' Ayes: Councilpersons Malone, Longley, Kibodeaux, Gay, Skelton, Westergren and Mayor Meza Nays: None 10. Administrative Reports: Council heard a report from Director of Public Works Hodge concerning street repair and drainage projects. The report is a part of these minutes. Hodge asked for a brief executive session to discuss a legal matter. Mayor Meza called to the Council's attention the need to file new signature cards and. Corporate Resolutions for First City Bank of La Porte. A motion was made by Councilperson Kibodeaux to authorize the signatures of Mayor Meza, Mayor Pro-tem Ma one, Counci person Skelton, City Secretary Waters and C ie Accountant Gray on all signature cards and that any two 2 signatures must e af- fixed to any valid checkissued by the City of La Porte. Seconded by Councilperson Westergren. The motion carried, 7 ayes and 0 nays. [7 Ayes: Councilpersons Malone, Longley, Kibodeaux, Skelton, Gay, Westergren and Mayor Meza Nays: None • • Minutes, Regular Meeting, La Porte City Council November 18, 1981, Page 4 Councilperson Faris arrived at the Council table at 7:29 P.M. and apologized for being late. He stated he had. been detained by Houston traffic. 11. Council Action: Councilperson Longley: Longley asked Hodge for an approximate completion date for the new sewer plant. Hodge .stated the present projection. was March or April of 1982. Longley asked that Hodge begin to consider the razing of the Fairmont Park sewer plant. Councilperson Kibodeaux: Asked that when Stan Sherwood pre- pares his memo about the park for the Booth Homes subdivision that he review and update the Council on all the parks. Kibodeaux discussed the need to enforce the City Ordinance concerning inoperable cars on private property and City streets. Councilperson Simons is ill this evening. Mayor Meza: Stated he had attended the dedication of the Seaman's Center today at noon. 12. The Council adjourned into executive session at 7:44 P.M, to discuss and legal and-some personnel matters. Council returned to the Council table at 8:25 P.M. City Attorney Askins read: AN ORDINANCE APPOINTING DIRECTORS TO THE LA PORTE AREA WATER AUTHORITY, AND PROVIDING AN EF- FECTIVE DATE HEREOF. A motion was made by Councilperson Skelton. to approve and adopt Ordinance No. 1290 as read by the City Attorney., naming David L. Anderson, 814 Hackberry, to position 1; A ert Fie s, Rocky Hollow, to position 2; Travis Doug ty, Quiet Hi to position 3; Susan Gilliland, 93 Willow Creek, position ; Jerry Bramlett, 8 S. Kansas to position an Jim Sc indewolf or his designate as Advisory~Director. Seconded by Councilperson Gay. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Malone, Longley,. Faris, Kibodeaux, Gay, Skelton, Westergren and Mayor Meza Nays : None • LJ • • Minutes, Regular Meeting, La Porte City Council November 18, 1981, Page 5 Director of Public Works Hodge requested authorization to proceed. to bid for mused front loader garbage truck with trade-in of two (2) used side loaders and the side loading containers. The Council was in full agreement. Councilperson Skelton stated it should be noted that there will be no workshop meeting on November 25. 12. There being no further business to be brought before the Council, the. meeting was duly adjourned at 8:32 P.M. Respectfully submitted: ett Waters City Secretary Passed and Approved this the 2nd-.day of December, 1981 J. J. Meza, Mayor • • MEMORANDUM November 10, 1981 TO: Mayor Council FROM: Dav lissen, Building Official SUBJECT: Vehicle Bid I have received two bids for one standard four-door sedan with air conditioning. These bids were from Joe Camp Ford and Timmers Chevrolet. Both bids meet specifications and are with- in the $9,000.00 budgeted. Joe Camp Ford - $8,339.85 Timmers Chevrolet - $8,707.34 Since both vehicles meet the specifications, I recom~~end that the bid be awarded to the low bidder, Joe Camp Ford, in the amount of $8,339.85. This vehicle is in stock, so delivery will be made as soon as the bid is awarded and the vehicle is made ready. David Paulissen DP/cb 'r ~~ r t ' • CITY OF LA PORTS INTER-OFFICE MEMORANDUM T0: M r 8 "ty Council DATE: November 18, 1981 FROM: ry ge, Director of Public Works SUBJECT: tus Report-Street Dept. Projects The following will provide a status report of various street department projects and ongoing activities. STREET RENOVATION ~ COMPLETION Farrington-reconstruction 95 • intersection H St. (Loma.x) new construction 90 L St. (Lomax) surface improvement 90 West C-basework, reconstruction 50 West 15th-reconstruction, basework 50 N. Adams-reconstruction basework 30 N. Tyler-reconstruction basework 70 D. St. (Lomax)-ditches, surface improvement 99 DITCH WORK D St . ( Lomax. ) Elmwood •Valley View Sunset Ridge • Sens Rd. COMPLETION Completed Completed Completed 50 Completed ..~ • Page 2 Mayor 8 City Council November 18, 1981 ALLEYS (Cleaning, mowing etc.) Area of operations include 1st thru 8th street south of main. MOWING RIGHT OF WAYS Maintenance of airport and runways. Also on "as requested" basis. MOSQUITO SPRAYING Spraying unit has been inoperative for the last two weeks due to backorder of parts from the manufacturer. Parts arrived November 16, 1981. Unit should be in operation by November 18, 1981. • /me • CITY OF LA PORTS T0: M FROM: SUBJECT: G INTER-OFFICE MEMORANDUM Council DATE: November 18, 1981 Director of Public Works Collections-Holiday Schedule The following schedule will be observed by the Solid Waste Department during Thanksgiving week: COMMERCIAL All businesses will receive two pickups, one each on Monday and Wednesday or one each on Tuesday and Friday • except those establishments which receive daily service in which case they will be picked up on Monday, Tuesday, Wednesday and Friday. RESIDENTIAL Those homes normally receiving service on Monday-Thursday will be picked up on Tuesday November 24th. Homes with service scheduled for Tuesday-Friday will be picked up on Wednesday November 25th. Ti2ASH Crews will run on Monday, Tuesday and Wednesday citywide, concentrating on areas with larger accumulations of trash. • • October 23, 1981 Dear I am writing regarding the appointment of your city's representative to H-GAC's 1982 General Assembly. H-GAC's Bylaws provide that each member home rule city with less than 25,000 population is entitled to designate one representative and one alternate to the H-GAC General Assembly, which will meet in mid-January. I am enclosing the appropriate form which your city should use in offi- cially designating your representative and alternate.- The designees must be elected official members of your city's governing body. A dinner meeting of home rule city representatives is tentatively sched- uled the first part of December. Details of this meeting will be sent to you when the arrangements have been completed. At that meeting your 1981 H-GAC Board representatives will report on this year's activities, and look ahead to issues and progress of 1982. Your attendance and participation in this meeting is particulary valuable, since it gives your representatives and the H-GAC staff insight on your wishes and needs. The main business item for the meeting will be selection of two representatives to serve as 1982 members of the H-GAC Board of Directors. An agenda for the dinner meeting will be forwarded to your representatives as soon as we have received your official designations. In order that arrangements for our December meeting can be completed, we would appreciate receiving your 1982 General Assembly designations by November 13. If you have any questions or problems in this selection process, please call Charlene McCarthy at 627-3200, ext. 335. Sincerely, Jack Steele Executive Director JS:ss Enclosure • ~~ • • DESIGNATION OF REPRESENTATIVES HOUSTON-GALVESTON AREA COUNCIL GENERAL ASSEMBLY 19b2 ****************************** BE IT RESOLVED, By the Mayor and City Counci] of _ L.a Porte , Texas, that B. Don Skelton, sr. be, and is hereby, designated as its representative to the General Assembly of the Houston-Galveston Area Council for the year 1982. FURTHER, that the Official Alternate authorized to serve as the voting delegate should the hereinabove named delegate become ineligib]e, or should he resign, is Gus Faris TF1AT, the Executive Director of the Houston-Galveston Area Council be notified of the designation of the hereinabove named delegate and alternate. PASSED APJD ADOPTED, thi s the 18th day of November 1981. APPROVED: Mayor J. J. M~za [~ ATTEST: By: Betty T. Waters City Secretary ,~j,Z ~ s HOUSTON • GALVESTON AREA COUNCIL • h1EMBER HOME RULE CITIES WITH POPULATIONS UNDER 25,000 CITY MAYOR ALVIN h1AY0R ALLEN GRAY ANGLETON MAYOR h1. L. FULBRIGHT BELLAIRE MAYOR LAWRENCE F. FOLSE CLEVELAND MAYOR RONNIE McL~JATERS COP;ROE MAYOR CARL BARYON, JR. DAYTON MAYOR W. M. MOREAU DEER PARK h1AY0R JIh1P1Y A. BURKE EL CAMPO P4AYOR A. G. h1ILLER FREEPORT MAYOR TOBEY L. DAVENPORT FRIENDSWOOD MAYOR DALE WHITTENBURG GALENA PARK MAYOR ALVIN D. BAGGETT HITCHCOCK h1AY0R HARRY ROBINSON HUfdTSVILLE MAYOR WILLIA~9 V. NASH JACINTO CITY MAYOR MIKE BLASINGAh1E LA MARQUE MAYOR RON CROWDER LA PORTE MAYOR J. J. MEZA LEAGUE CITY MAYOR JOE L. LAMB LIBERTY MAYOR C. SCOTT PARKER NASSAU BAY MAYOR GERALD ALLEN PEARLAND MAYOR TOM REID ROSENBERG hiAYOR ELWOOD RAINES SANTA FE MAYOR JOHN A. ROBERTS SUGARLAND P~1AYOR WALTER S. McMEANS (continued) _- ?cam ~ ~ ~^ _ ~? _ ~'~+~ ; _'" ,~3 r ~ Page 2 • Member Home Rule Cities with Populations under 25,000 CITY MAYOR WEST UNIVERSITY PLACE MAYOR RUFUS F. STANLEY, JR. WHARTON MAYOR DONALD R. CARSON MISSOURI CITY MAYOR JOHN KNOX • c1--10/23/81 • ~~ CITY OF LA PORTE INTER-OFFICE MEMORANDUM T0: John Joerns DATE: 11-03-81 FROM: Bill Baggett~` SUBJECT: Purchase of Level Crew Pickup I have received and reviewed the bid proposal from Joe Camp Ford for the level crew pickup. It being the only bid received. In comparison to the purchase last year of an identical 1981 model for the survey party for $7,481.44, this bid for a 1982 model for $8,010.86 is an extra $529.42 or a 7% increase over last year's model. • The pickup purchased last year has been dependable and no repairs have been needed as of this date. Based on these factors, I recommend the awarding of the bid at this time to Joe Camp Ford. Z ~~~ ~ tLl~~ ~ . BB/dsw Note: This vehicle was budgeted for in the 1981-82 F.Y. - $8,500.00 was appropriated. • D1 CITY OF LA PORTE INTER-OFFICE MEMORANDUM T0: Mayor and nc 1 DATE: FROM: John Joer SUBJECT: Water & Sani Sewer Line Extension to Serve U-tote-m Sto at Underwood & Fairmont Parkway • November 5, 1981 Attached is a copy of the Statement we received from H. Carlos Smith. This statement is for Carlos's fees for the engineering work he has done in connection with the City's Participation in over- sizing of 8" to 12" water main on Fairmont Parkway to the U-tote-m Site. The over-sizing of the water main was previously approved by Council in their August 19, 1981 minutes; however, the request for • approval of the additional engineering fees for H. Carlos Smith was inadvertently left off that week's agenda. I would like to request payment of $933.43 to H. Carlos Smith for his engineering fees in connection with this extension. I recommend that this payment come out of the same 1980-81 F.Y. Water Improvement Fund. The extension is completed and the $14,360.40 that had been approved has been expended. JJ/dsw cc: Betty Waters • C~ ._ ~ .. ... - ~ 'r + _ ., - , ~ r a ~ .. 'e"ca ~y~ ~ ~, . ~ - __ ~ _ ~+ _'.a_.. /'... w.~f .r"r, F jI~ ' ~ cs,7^1^~r• v-"~ 'b'!a +rL'eC yC~'iYr ""- _. . r ~ - " _ '.'- ... n. ~. .l~-vM~..- ~ .~~~ t 1-~.....t~ tJ i+ . ~ r ,.7 - - ..~ i ~- .. .~ ~ .. ~-., .'- _ - ~. ... _ _ r ,- .. 3, .f .. __..- ....+.~.. .a...... a.._ .~_ - .-. _.w~:d.c9~'~~.:~':rJ?.a. '?lC~:~:.r r~1,y "ni..i..~ °'G."S - - - _ ~ e..-- ~N 4.nA.. _. .. _ T _, __, _~__.. .. , -.... _.... _...._.:..._~.._~_..,.-...~:...:,-'~~..-.+.~~.~.:.-cf.x:_:_, _..:.~.:>..__;_...; ~.'V.a. . . ...-.:~- , tom.-.~-;.~....;~., .e.,-..,..,.:.::.F-.~«,:...~ ._.. _ .. _ . .~... ; .. . ~ _ ': ., ,_ INVOICE ,-~ _ . ~4: CITY OF LA PORTE FAIRMONT PARKWAY STATEMENT H. CARLOS SMITH ENGINEERS d SURVEYORS, iNC. PHONE 471-4226 • P. O. BOx M LA PORTE, TEXAS 77571 LA PORTE, TEXAS 77571 N~ oo~s~s 1386-81 JOB No. DATE, October 27 ~s81 DATE I DESCRIPTION I FEE 10/27/81 @ Underwood & Fairmont Parkway. CONSTRUCTION PLANS & SPECIFICATIONS: TOTAL CONTRACT PRICE: $ 36,522.45 PORTION OF CONTRACT PRICE PERTAINING TO CITY OF LA PORTE IS = $ 14,360.40 Engineering Cost to City of La Porte: $ 14,360.40 @ 6.5% _ $ 933.43 TOTAL FEE DUE: THIS ACCOUNT IS PAYABLE IN FULL WITHIN 10 DAYS OF THE RECEIPT OF THIS INVOICE. • $ 933.43 ~+- .. T ^~ 'Y `fi~v;-+ sc-~4"' '~r~ r :-s: a•t:}.!~Jl~ ''~^~?5'Y'~Y~ ~~~~ ~ ~t ~;~~'.1 +"-,' ~.,h ~. : i' •r `- -a~~'~x '~ '~ri ,;:. s...,s a ~,T r'~vEi~rr -n r •i: _ . - - `. ... C'Z Re: Water & Sanitary Sewer Line Extensions to serve U-TOTE-UM Store • ORDINANCE N0. ~~ AN ORDINANCE ANNEXING ON FINAL READING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF LA PORTE, AND EXTENDING THE BOUNDARY LIMITS OF THE SAID CITY OF LA PORTE, TEXAS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City of La Porte has heretofore adopted a Home Rule Charter granting the Council the power by ordinance to fix the boundary limits of the City of La Porte and to provide for the extension of said boundary limits, and the annexation of • additional territory lying adjacent to the City. This annexation proceeding is conducted pursuant to the authority granted by said Home Rule Charter; by Article 1175, Revised Civil Statutes; and by Article 970a, Revised Civil Statutes. Section 2. The City Council of the City of La Porte hereby finds, determines and declares that the hereinafter described territory is adjacent and contiguous to the present city limits of the City of La Porte, and lies within the exclusive extra- territorial jurisdiction of the City of La Porte, and that the annexation of said territory to the City of La Porte will pro- mote the general health, safety and welfare of persons residing within the City and within the hereinafter described territory. • Section 3. The City Council of the City of La Porte has heretofore, on October 7, 1981, passed and approved Ordinance No. 1287, declaring its intention to institute proceedings to annex the hereinafter described territory. A public hearing was called, and was held on October 28, 1981, at which public hearing all interested parties were given an opportunity to be heard. Notice of such public hearing was given by publication of Ordinance No. 1287 in The Bayshore Sun on October 15, 1981, said newspaper having general circulation in the City of La Porte and in the territory proposed to be annexed. Additional notice I • • • Ordinance No. , Page 2. by certified mail was given to railroad companies then serving the City and on the City's tax roll where the right-of-way thereof was included in the territory to be annexed. Such notices and such hearing were all in conformity with the Municipal Annexation Act of 1963, Article 970a, Vernon's Annotated Texas Statutes, as amended. Section 4. The City Council of the City of La Porte further finds, determines and declares that the hereinafter described territory is entirely composed of vacant land, no part of which is improved, and that there are no residents of the hereinafter described territory. Therefore, the City Council of the City of La Porte finds, determines and declares that it is not prac- tical, possible, or necessary, to conduct a second public hearing within the area proposed to be annexed, as there are no facili- ties at which such hearing could be conducted, and no residents of the area affected. The City Council of the City of La Porte further finds, determines and declares that this annexation is conducted pursuant to a "Petition for Annexation," filed with the City Secretary of the City of La Porte on or about September 28, 1981, a true and correct copy of which is attached hereto as Exhibit "B", incorporated by reference herein, and made a part hereof for all purposes. In such petition, the petitioners expressly waive any right under the Texas Municipal Annexation Act, Article 970a, V.A.T.S., to hereafter demand or request disannexation of the property for failure of the City to provide municipal services to the property. In view of such waiver, the City Council of the City of La Porte finds, determines and declares that it is not necessary that a service plan be prepared for the hereinafter described territory. • • Ordinance No. Page 3. Section 5. The City Council of the City of La Porte hereby institutes annexation proceedings as to the following described territory, and the same is hereby declared annexed to the City of La Porte, Texas, and the boundary limits of the City of La Porte, Texas, be, and the same are hereby, extended to include the follow- ing described territory within the city limits of the City of La Porte, and the same shall hereafter be included within the territorial limits of the City of La Porte, and the inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of the City of La Porte, and they shall be bound by the acts, ordinances, resolutions and regulations of the City of La Porte. The territory to be so annexed is the same territory as described in said Ordinance No. 1287, and the terri- tory to be so annexed is more particularly described as follows, to-wit: [7 •` .- EY.HIBIT A PARCEL 1 METES AND BOUNDS DESCRIPTION 11..9839 ACRES OUT OF ENOCH BRINSON SURVEY, A-5 HARRI S COUtJTY , T EXAS All that certain ]1.9839 acres of land out of the Enoch Brinson ~~ Survey, A-5, Harris County, Texas and being more particularly described by metes and bounds as follows: Commencing at the south4~~est corner of that certain 33.485 acres of land described in~a deed dated 6-29-1981 from Selected Lands, Ltd. r13 to Trammell Crow Distribution Company filed in the official public records of real property of Harris County, Texas at Clerk • File No. H-034395, Film Code No. 186-95-0749; Thence N 00° O1' 18" 1,' - 1,346.27' to the POINT OF BEGINNING of the herein described parcel ; THENCE N 00° O1' 18" k' - 767.71', along the west line of said 33..485 acre parcel, to a 5/8" iron rod for corner; THENCE N 70° 00' 59" E - 159.59', along the north line of said 33.485 acre parcel, to a 5/8" iron rod for angle point; THENCE S 89° 58' 31" E - 490.00', along the north line of said 33.485 acre parcel, to a 5/8" iron rod for corner; THENCE S 00° O1' 18" E - 821.79', along the east line of said 33.485 acre parcel, to a 5/8" iron rod for corner; THENCE S 89° 58' 42" W - 640.00' to the POINT OF BEGINNING and containing 11.9839 acres of land, more or less. Co~piled by: PREJEAN & COISPANY, INC. surveying/mapping September 8, 1981 PACE 1 OF 3 ., • r EY.HIBIT A PARCEL 2 t+1ETES AND BOUNDS DESCRIPTION 8.2779 ACRES OUT OF Et~OCH BRINSON SURVEY, A-5 HARRIS COUtr'TY, TEXAS All that certain-8.2779 acres of land out of the Enoch Brinson Survey, A-5, Harris County, Texas and being more particularly described by metes and bounds as follows: BEGItdtr'ING at a 5/8" iron rod marking the southwest corner of that certain 33.485 acres of land described in a deed dated 6-29-1981 from Selected Lands., Ltd. r13 to Trammell Crow Distribution Company • filed in the official public records of real property of }-Barris County, Texas at Clerk File No. H-034395, Film Code No. 186-95-0749; THENCE N 00° O1' 18" W - 446.27' , along the west line of said 33.485 acre parcel, to a 5/8" iron rod for corner; THENCE N 89° 58` 42" E - 640.00' to a 5/8" iron rod for corner; THENCE S 00° O1' 18" E - 680.55', along the east line of said 33.485 acre parcel, to a 5/8" iron rod for corner; THENCE N 69° 54' S7" k' - 681.53`, along the north right-of-way line of State Highway 225 (180' wide), to the POINT OF BEGINNING and containing 8.2779 acres of land, more or less. Compiled by: PREJEAN & COtiPAt~Y, INC. surveying/mapping _ September 8, 1981 Revised September 25, 1981 PAGE 2 OF 3 • __ ., • • EXHIBIT A ` PARCEL 3 METES AND BOUNDS DESCRIPTION 13.2232 ACRES OUT OF ENOCH BRINSON SURVEY, A-5 HARRIS COUNTY, TEXAS • All that certain 13.2232 acres of land out of the Enoch Brinson Survey, A-5, Harris County, Texas and being more particularly described by metes and bounds as follows: Commencing at a 5/8" iron rod marking the southwest corner of that certain 33.485 acres of land described in a deed dated 6-29-1981 from Selected Lands, Ltd. T13 to Trammell ,Crow Distribution Company filed in the official public records of real property of Harris ,County, Texas at Clerk File No. H-034395, Film Code No. 186-95-0749; Thence N 00° O1' 18" W - 446.27' to a 5/8" iron rod marking the POINT OF BEGINNING of the herein described parcel; THENCE N 89° 58' 42" E - 640.00' to a 5/8" iron rod for corner; THEtJCE N 00° O1' 18" W - 900.00', along the east line of said 33.485 acre parcel, to a 5/8" iron rod for corner; THENCE S 89° 58' 42" W - 640.00' to a 5/8" iron rod for corner; THENCE S 00° O1` 18" E - 900.D0', along the west line of said 33.485 acre parcel, to the POINT OF BEGINNING and containing 13.2232 acres of land, more or less. Compiled by: ~ _ PREJEAN & COJtPANY, ~ INC. surveying/mapping September 8, 1981 • PAGE 3 OF 3 • - ., • • Ordinance No. Page • Section 6. The hereinabove described territory shall be temporarily zoned "Light Industrial - Public Warehouse," to remain in effect until a permanent zoning classification is provided for such property by the Planning and Zoning Commission and the City Council of the City of La Porte. The use of such property shall be strictly limited to" "Light Industrial - Public Warehouse," and no other use may be made of such property. Section 7. Should any section or part of this ordinance • be held uncontitutional, illegal or invalid, or the application thereof ineffective or inapplicable as to any territory, such unconstitutionality, illegality, invalidity or ineffectiveness of such section or part shall in nowise affect, impair or inval- idate the remaining portion or portions thereof, but as to such remaining portion or portions the same shall be and remain in full force and effect; and should this ordinance for any reason be ineffective as to any part of the area hereby annexed to the City of La Porte, such ineffectiveness of this ordinance as to any such part or parts of any such area shall not affect the effectiveness of this ordinance as to all of the remainder of such area, and the City Council hereby declares it to be its purpose to annex to the City of La Porte every part of the area • described in Section 4 of this ordinance, regardless of whether any other part of such described area is hereby effectively annexed to the City. Provided, further, that if there is included within the general description of territory set out in Section 4 of this ordinance to be hereby annexed to the City of La Porte any lands or area which are presently part of and included within the limits of the City of La Porte, or which are presently part of and included within the limits of any other city, town, or village, or which are not within the City of La Porte's juris- • Ordinance No. Page diction to annex, the same is hereby excluded and excepted from the territory to be hereby annexed as fully as if such excluded and excepted area were expressly described herein. Section 8. This ordinance shall not repeal, impair, modify, or in anywise affect any other annexation ordinance or ordinances of the City of La Porte, but such other ordinance or ordinances shall remain and continue to be effective, wholly unaffected in any way or manner by the passage of this ordinance. • Section 9. 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 ratifies, approves and confirms such written notice and the contents and posting thereof. Section 10. This Ordinance shall take effect and be in force and effect from and after its passage and approval. PASSED AND APPROVED this the 18th day of November, 1981. CITY OF LA PORTE By J. J. Meza, Mayor • • Ordinance No. , Page ATTEST: City Secretary APPROVED: ~ • / i L'v/1 City Attorney C r~ I • PETITION FOR ANNEXATION September 28, 1981 • Hon. Mayor and City Council City of La Porte City Hall La Porte, Texas 77571 Gentlemen: C~ The undersigned, Trammell Crow Distribution Corporation ("TCDC") and First National Bank in Dallas, acting in our capaci- ties as owner and the sole lienholder, respectively, of the three parcels of real property described on Exhibit "A", which is attached hereto and by this reference incorporated herein for all purposes (the "Property"), hereby petition the City Council of the City of La Porte (the "City") to annex all of said property to the corporate limits of the City. It .is intended that this letter comply as a Petition for Annexation under the Texas Municipal Annexation Act, Tex. Rev. Civ. Stat. Ann. art. 970a (Vernon 1963 & Supp. 1981) (the "Act"). This letter also shall constitute a petition that the subject property, when annexed, be permanently zoned "Light Industrial - Public Warehouse" as a zoning classification. -Although the drawings included in Exhibit "A" depict the locations of various easements, it is not intended that any easements be created as a result of the filing of such drawings in any public records or as a result of the proceedings for annexation of the Property. It is intended that the Property be annexed to the City as three parcels and that each of the parcels constitute a separate tax parcel. It is understood by the undersigned that the City currently does not have water and sewer mains to the Property, and that any extension of such facilities, and the provision of service, will be at the sole expense of TCDC. It also is understood that the City will no't issue a building permit for a warehouse until satisfactory arrangements have been made for the extension of water service to .the Property. EXHIBIT "B" Page 1 of 2 • • • Hon. Mayor and City Council September 28, 1981 Page 2 The undersigned waives any rights under the Act to hereafter demand or request disannexation of the Property for failure of the City to provide municipal services to the Property. Yours very truly, TRAMMELL CROW DISTRIBUTION CORPORATION FIRST NATIONAL BANK IN DALLAS B y : ~ ~1 Emory Wellman, President 9533:6Kta B y : y-. Title: ~l/f / EXHIBIT "B" Page 2 of 2 ,- _ _. VP ~.' '` F ~~'~~..~tr~«saa;K~.~«f',+3t?~'.~tib~ ~~'~.~"~ak`.~ ""-4'~-~?+esr' ~ ',"'~4', • :. ~~ ht.w :+r::~as:~y,atv~r~i:..~3aer~ .~'1~ci~4!4~} 1~t.~."~-~.l~.t+`~x,7~i1'ts8i.:t "t±i'lncth -_. ~- A?m.6f3'•aY x..{; 4d^'-'4~°. ~.jV .' . _~...~nT .:.,~ ' .'` 'y~"f ::r7`^' t':ri .+ - .~~'~,'~^`•''d`-d`~?: ,r. a EXHIBIT A PARCEL 2 .METES AND BOUNDS DESCRIPTION 8.2779 ACRES OUT OF ENOCH BRINSON SURVEY, A-5 ,- HARRIS COUNTY, TEXAS All that certain~8.2779 acres of land out of the Enoch Brinson Survey, A-5, Harris County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" iron rod marking the southwest corner of that certain 33.485 acres of land described in a deed dated 6-29-1981 from Selected Lands:, Ltd. #13 to Trammell Crow Distribution Company filed in the official public records of real property of Harris County, Texas at Clerk File Pao. H-034395, Film Code No. 186-95-0749; THENCE N 00° O1' 18" W - 446.27', along the west line of said 33.485 acre parcel, to a 5/8" iron rod for corner; THENCE N 89° 58` 42" E - 640.00' to a 5/8" iron rod for corner; THENCE S 00° O1' 18" E - 680.55', along the east line of said 33.485 acre parcel, to a 5/8" iron rod for corner; THENCE N 69° 54' 57" W - 681.53', along the north right-of-way line of State Highway 225 (180' wide), to the POINT OF BEGINNING and containing 8.2779 acres of land, more or less. Compiled by: PREJEAN & COMPANY,. INC. surveying/mapping _ September 8, 1981 Revised September 25, 1981 • PAGE 2 OF 3 • ORDINANCE NO. 1290 AN ORDINANCE APPOINTING DIRECTORS TO THE LA PORTE AREA WATER AUTHORITY; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte here- by appoints the following persons as the members of the Board of Directors of the La Porte Area Water Authority, to the positions named, and for the term of office enumerated, to-wit: Director, Position 1 (a resident qualified voter residing outside the city limits of La Porte, but within the boundaries of the authority), David L. Anderson Director, Position 2 Albert Fields (Directors, Positions No. 1 and No. 2 shall serve until September 1, 1982, and until their successors have been appointed and qualified.) Director, Position 3 Travis Doughty Director, Position 4 Susan Gilliland Director, Position 5 Jerry Bramlett Advisory Diractor Jim Schindelwolf or desig- (Directors, Positions No. 3, No. 4, and No. 5, shall serve nate • until September 1, 1983, and until their successors have been appointed and qualified.) Section 2. The City Council 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 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 • • Ordinance No. 1290 , Page 2. 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 ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 18th day of November 1981. CITY OF LA PORTE .-- J. J. Meza, Mayor ATTEST: y cretary • APPROVED: ~~~G~Z%~ /\ Cpl/ - City Attorney • • • 1 CITY OF LA PORTE INTER-OFFICE MEMORANDUM • T0: Mayor and ity Council DATE: November 18, 1981 FROM: a '~L dge, Director of Public Works SUBJECT: F nt d Load - Commercial Collections Equipment Nearly two (2) years ago, the City purchased a frontloading commercial refuse truck, as a committment to changing the method of commercial refuse collection from the sideload method. Since that time, commercial collections have been made utilizing both the frontloader and sideloader. Also, during this period the cost of operating the sideloader has risen to nearly $750 per month, as compared to $386 for monthly operation and maintenance of the frontloader. Coupled with the high costs of maintenance and operation, the containers used for sideloading operations ar.e in a deteriorated condition. The City has come to a point where a decision must be made concerning the future of our commercial refuse system. Do we maintain our current method of collection and spend nearly $47,000 (cost to overhaul the sideloader and replace containers) or do we totally commit to a frontload system? The following proposal will outline all the aspects of. converting totally to a f.rontl.oading collection system. We have budgeted $25,000 in fiscal year 1981-82, for the purchase of a sufficient number of frontloading containers to replace all existing sideload containers with allowances included for new services. The frontloader, as indicated by the monthly operating costs, is in good condition. Due to it's ease and economy of operation, it will Ue able to absorb the 135 sideloader containers in it's daily routes. There is; however, one (1) obstacle to totally converting to a frontload system. That is the lack of a backup vehicle to continue operations during breakdowns and scheduled maintenance. Currently, we have no backup unit for the frontloader, and a now inoperable backup unit for the sideloader. During a recent three (3) day downtime period of both loaders, commercial collections were made by a five (5) man trash crew. .Attempts to lease or rent vehicles from private haulers and other municipalities was totally without success. It is apparent, that without reserve capabilities during prolonged periods of vehicle downtime, the City would be faced with a potentially dangerous public health problem. ~- ~ ~ Page 2 Mayor and City Council November 18, 1981 With the concurrence of the City Manager, we have pursued the possibility of locating a used frontloading vehicle to be utilized solely as a backup to our existing unit. After many contacts with several vendors, we have been able to locate such a unit in close proximity to La Porte. Negotiations with this vendor, on a casual basis, indicates the cost of purchasing this vehicle to be approximately $45,000. This compares favorably to the cost of a new unit for $100,000. Additionally, the vendor has indicated our two (2) sideloaders would have a trade-in value of $20,000 to $25,000. With the assistance of the Accounting Department, we have located slightly over $29,000 in fiscal year 1980-81 capital outlay budget. This surplus is a result of capital purchases being made last year, at lower prices than were initially anticipated. The recommended format for purchasing this vehicle will be through normal bidding procedures, using the specifications of our current frontloader. This will allow other sources the opportunity to provide competetive bids. if you find you should have any questions, please advise. ;JH/lw • f • 8610 Bandridge LaPorte, Texas 77571 (713) 479-5619 • • Ncvember 19, 1~1 Honorable J. J. Meza, Mayor City of La Porte P, 0. Box 1515 La Porte, Texas 77571 Reference; Letter from City of La Porte to College View MUD dated October 15, I;z81 signed by Mr. J. R. Hudgens, City Manager. Dear Sir: We attach hereto copies of a draft of a sewage treatment contract patterned after the existing contract between the City of La Porte and Spenwick Place I~EFD. This is not a firm proposal but a basis for negotiation. It would appear that the principal areas to be resolved are those regarding pricing and measurement. These are covered in sections IV,V ~ VI of the draft. rle request a preliminary meeting with you and or your representatives at your earlist convenience. Either of the first three days of December would be suitable for COLLEGE VIE'rJ MUD . Sincerely yours, ;7 ~ ~~ Cary L. Burnley President-College View hitTD cc~Mr. Danny Edwards file L~ rl D AGREEh1ENT V STATE OF TEXAS ~ COUNTY OF HARRIS ~ This Agreement made anti entered into by and between the City of La Porte, a Municipal Corporation of Harris County, Texas, herein- after called "Cj.ty", and tha College View hunicipal IJtility District, u conservation and rc:clamatic~n district of IIarris County, Toxas, hereinaftc.~r culled "Colle};e View". W I T N ti S S I~; T lI WI11,R1.AS, the City of La Parts owns and operates sanitary sewerage treatment fucilii:ics, incl.ud.in~; msii.n<, and laterals, adjacent to Col.le~;e . , View; ancr • WIIERLAS, College View is desirous of constructing within its district boundaries, sewer mains for transporting effluent i'i•om its sanitary sewc:rtr};e collection syc;tcm tc> City for seweragc treatment. purposes; and Wlll:}I1~;A5, Col le};c View i s located wi thi n the rxc:l utii vc c.~xLra- territorial jurisdiction of City for suture annexation purposes, and it is contemplated by the parties that College View will eventually be annexed by City and made a part of City's corporate boundaries; and WHEREAS, City is agreeable to receiving sanitary sewerage collections from College View, for the purposes of treatment, under the terms and conditions of this Agreement: NOW, THEREFORE, for and in consideration of the premises and the mutual convenants herein contained, it is agreed by and between the ~rties as follows: I. College View shall construct necessary sewer mains to a point of delivery on City's existing sanitary sewerage collection system, which point of delivery shall be selected by City's engineers, with approval by College View's engineers, and shall be located in the western portion of City's Fairmont Park subdivision. City ill accept delivery of College View's sanitary sewerage (but not iz f • ~includinl; any industrial waste) at such point of delivery, for treatment at City's new sanitary sewerage treatment facilities, now under construction. II. The parties hereto recoE;nize that College View presently has in operation its own water supply and distribution system, and this al;reement does not, conternl~late that City will furnish Cc~llr./;c.~ View with fresh water. Phis Contract shall be effective upon the approval hereof by the governinb bodies of each party hereto, and shall continue in force for a period of 20 years, terrninatin~; 210 months from date that City bc~~;ins to receive effluent: under the terms hereof; provided, hc~wevcr, t:lii:~ Al;rec~ment shall be suh;j r.,ct tc~ tcrrnination by either •~arty hereto upon twc~ (2) ,years prior written notice. 11T. F.ach pfirty to this /lgrecrnent agrees to keep, maintain nnct operate it.s sanitary sewerage collection and treatment fficilitic~ti, as the case may be, in accordance with the then current laws, rules, and regulations, of the State and Federal authorities having jurisdiction thereof. In addition, College View agrees to operate its sanitary sewerage collection facilities in accordance. with then current City of La Porte ordinances applicable thereto, including but not limited to, the City of La Porte's industrial waste ordinance, and in keeping with the standards promulgated by the American Water Works Association. IV. i It is agreed that the basis of the charges by City to College View hereunder, shall be its prorata portion, based on metered output, of City's actual total costs of operating its sanitary sewerage treatment plait receiving effluent from College View. City's actual cost of treatment per thousand gallons shall be determined by taking the total cost of operation, maintenance, d replacement attributable to the said sewerage treatment plant, ivided by the total gallonage treated. Such cost determination 1~ • • hall be made by City, based upon its most recent fiscal year audit, effective the first day of the calendar year immediately following the end of City's fiscal year, a copy of which audit shall be provided to College View. It shall be the responsibility of College View to handle all billings and collections from its own customers. City will re~~der its bill to College View on the lust business ci,iy of each :;crvice month, based upon the formula contained in this paragraph, and such bill. shu].1 be payable by College View to City, without discount., on or before the 25th day of the following calendar mc~t~th. College View shall be liable for payment to City ba:;ed on connections certified to bc~ in service, re6ardless o~f' whcrttirr College View coll.octs the same from i.ts own customers. !1s r.osts wi.l.l be bared Un ~clie previous year's audit any difference between estimated and actual costs for tt~e year will be maclc? at ttie end of each fiscal year for City. Such adjusted payment shall be p;~i.d in equal monthly payments over the next 12 months following- receipt of the adjusted statement and shall be in addition to regular monthly billings. V. Provisions for Aetering - College View will install at its cost, and City shall operate and maintain as a part of the system, the necessary equipment and devices of standard type for properly measuring all sewage discharged into the system. College View shall have access to such metering equipment at ~11 reasonable times for inspection and examination, but tYie reading, calibration and adjustment thereof shall be done only by employees or agents of City, and College View shall have access to the record books kept cy City at its office during reasonable business hours. Calibration of Meter - Not more than three times in each year of operation, City shall calibrate the meter provided College View, if requested in writing by College View to do so, in the presence of a representative of College View. The 1 • • parties shall jointly observe any adjustments which are made to the meter in case any adjustment is found to be necessary. In the event of any dispute as to such calibration, either party may request calibration by an independent calibrating or testini; company. The cost for such independent calibration shall be paid by the party in error as to }rreviou~; cal.i.brltions in dispute. Iua.cc:ttr:tc.ic~s of Mr~Ler - 1 f, itE~c~tr rrny tr.:;t, thc~ (tcrt•r.r:nt:t~;c of inaccuracy of any meter is found to be in excess of f.ivc~ percent (5~,), registration l:hereof shall be corrected for a period cif time extcrnc}inl; back to t}u~ time w}ten such inacctrrrr.c.y began, if such. time is aseert:t9n:r.ble; and if such time is not u:;certa i nat~.lc~, then fc~r a per.ic-c} axt.endi nF; b:tc:}t one-hal f ( 1 /;? ) oi' the tune c~.lup5r.d ~;inee the ci:ite cif i.he ]:t :';t eal.ibr:tticatt, lout •in no event further l~aclc then a l~erioci c~i' six (6) rnonths. If, for any rcatic~n, any rnctcrs :crc: out oi' service or out o.f rc~ptti r so that the amount of setvaF;e discharged cannot be aseert~ti rrc~d or computed from a reading thereof , the amount of sewage di s,chn7•i;erd during the period such meters are out of servi.cc: or out o.f rc~I~:t_ir shall be estimated by City's engineer and agreed upon by the Parties hereto on the basis of the best data available. VI. The Parties hereto recognize and agree that the rates to be charged hereunder, are fair and proper and that such rates recognize the fact that City's sanitary sewerase treatment plant has been. constructed, and in the future will be recon:;tructed and enlarged, partially with the use of City of La Porte tax ~nds, and from the proceed of bond sales by the City of La Porte, which will be repaid by tax funds, and t}~at the property within College View's boundaries is not subject to taxation by t}~e City of La Porte. The Parties xecognize that the rates charged by City to its customers within its bottrldaries, do not fully pay for the cost of such service, and t}tat t}ie capital investment ~tn such facilities is provided by tax funds. T~~ . ~ ~ In the event that College View fails to tender payment of charges hereunder, when due, such charges shall be subject to an immediate ten percent penalty. If such charges remain unpaid for 60 days after notice to College View by City in writing of such default, such charges shall accrue interest at the rate of ten percent per annum, and City shall have the privilege of suspending its acceptance of delivery of College View's sanitary sewerage into its system, which remedy shall ba in addition to any other remedy uvailablc~ to City. VII. College View agrees to estfiblish, maintain, and collect adequate sanitary sewr~ra~;e rntes to pay its necessary costs of operation of its system, and it,s charges to City hereunder, • VIII. College View shall have full resonsii~ility in connection with all waste handled by its sewerage collection facilities, ~a.nci Co11eE;c~ View agrees to save and hold the City harmless from all claims, demands :~ncf causes of action which may be asserted by anyone on ac.cc3unt of Lh~~ transportation, delivery and disposal of said waste while they are iz~ the process of being handled by College View's facilities. IX. The unit of measurement for sewerage hereunder shall be gallons, U. S. Standard Liquid Measure. X. Title to al.l sewerage put into the City's system Lii~de2• this Agreement shall pass to City at the point of entry. XI. Each party hereto shall be solely responsible for tl~e construction, upkeep, maintenance, repair, and operation of its facility, on its side of the point of entry. ' XII. Force ~iajeure - (a) If for any reason of "force majcure" eithe2• party hereto shall be renciared unablo wholly or in pzrt to carry out •s obligations under this Agreement, other then the oUlil;atian of 1 ~ .College View to make the payments required under the terms hereof, then if such party shall give notice and full particulars of such reasons in writing; to the other party within a reasonable time after the occurrence: of t:hc, event:, or cause rc~llc:d on, ttre obligation of Lhe p~>.rty giving such notice, so i'ar as it is ai'fected by such "force majeure", shall be suspended during the continuance of. the inability than c~lainu~cl, lrut fc~r no lc)nE~er pc~ric)cl; and :r-ry tiuch 1);rrty shall endeavor to remove or overcc)rncr such inability with all reasonable dit;pat.r,h. '1'hcr Lc~rm "1'crr•ee m:r•je~c.rre" a:; eml~lc)yc~d hercr.in shall. mean ac•.t.:; of Gc~d, tiLril:(•ti, luc•.ic-c~rrt.:; crr• crl.l)c~r indu:;Lri:>_1 di.st.r.rrhnnccs, ur.t.:; crf public enc~rny, orders or act ions of any lei nd o1' the Government of Chc~ ilnitc~d States nr of Lhe State o1' Tcxa:-: c)r ~n}~ civil or rnil~itary autl~c~rlty, insurrrctions, ric~Ls, epi.de-nir.:;, lancltil iclr,s, 1. l.l;htrzinl;, ~:rrthqu;rl:cs, fires, hurricanes, storms, floc)cls, watihouts, dre~ut;ht5, a.rre ,ts, restraints of government and people, civil distirrbanc.es, explosions, breakage or aeciclent to dams, maehinc~ry, tripe] ine5, or canals or oi.hc~r :;truc~ture~;, on account of any other cause not reasonably wi.thi.n the ct~nt.t•c~rl c)i~ the party claiming such inability. 1L is ut)dcrsi.e~od unel :)~.rc•erel t.h:,t_ Ilrc• settlement of strikes and lock-outs shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any "force majeure" shall be remedied with all reasonable dispatch shall .not require the settlement of strikes and lock-outs by acceding to the demand of the opposing parties when such settlement is unfavorable to it in the judgment of the party havir~l; the difficulty. Iv'o failure of the City to meet any obligation by reason of "force majeure" shall relieve College View frorn its obligations to make payments required under the terms hereof. (b) No damages shall be recoveraUle from City by reason of ilie causes above mentioned. (c) It is expressly recognized by College View that City may. be compelled to make necessary alterations, repairs or extensions of rick or additional facilities from time to time during the life of this contract and any suspension of service to College View due to such I~ • ' operation shall not be cause for claim of damage on part of the City, provided all reasonable effort is used by the City to provide CollegE~ View with service in accordance with this contract. In such case, City shall give Colle};e View as much advance notice as may bE~ practicable of the suspension or curtailment oP service and of the estimated duration thereof. XIII. Any notice, request, demand, statemE.nt, or bill provided for in this A};rr.cm~~nt sh~lil be i,n wr:ItinR and shall. be considered to !]flv(' been duly dr.l ivez•cd when :;r.nt. by re};istcrcrcl msi.il, udciressc~d tc~ the then current business address of the Partios, as the case m:r•y be, except tb;-L rouLincr eonununic;rll.lon5 mriy be :;cnL by ordjnflry u~ni 7 , .-ncl c'xc.ept. th;-1. either Pflrty, !~y the t'il.in~* oi' ;.-n ;l})prr)}~T•jfltEi written • notice to the other may specify somE~ ocher individual to wham communi.- cations thereafter ar.e to be adc]ressed. X1V. The Parties hereto agree that: if any of thn provi:;ic~ns of thr• Abrc~eme-lt contravene, or are held invalid under the 7;it~-;; o! this State, same shall not invalidate the whale Agreement, but it shall be construed though not containing that particular provision and the rights and obligations of the Party shall be construed and in force accordingly. XV . This contract shall be performed in Harris County, Teas. XVI. In the event any dispute shall arise as to interpretation or enforcement or the validity of any term or p rovision hereunder, then upon request of either Party, such dispute s!-alI be submitted to arbitration. If the Parties are unable to agree upon a sinfile arbi- trator, then each Party shall appoint their own arbitrator and shall abide by a decision of said arbitrators. If ho~vet~er, such arbitrators shall be unable to agree, then the arbitrators shall chose by agi•ee- • ment, a third arbitrator and the decision of two of tl~e ttlr•ee arbitra- tors shall be accepted by the Parties. Neither pnrtS- will proceed t~ -7- T~ • ~ litigation or~seek relief through the judicial system until arUitra- tion shall have been exhausted. Neither Party shall be relieved from performance hereunder during either arbitration or judicial proceedings. The attorneys for each Party shall approve this Contract in recognition of the need .for approval o! this arbitrs~tion provision. IN WITNESS WIII.REOF, the Pnrtic~s hereto, acting; under 1ul:hor:I Ly of thc~i r re:,l>e~cL i vc~ I;ovc~rn inE; t~c~cli ~~~;, iutvc~ caused Lhi.s Al;re:~cmen t t.ct be duly rxecuCed in several dnp~licata ari~innl.s. Witness our hands, this. day of • A'I"1'I~:S'I' : C'i t,•y cal' La Pc~rl.r. 1 i y . .~ _~ .1 .~ J . Mc ~i , Mayor City Clcr}c AT'PItOVI~;I) City Attorney 1. J l31 . College V' w ~ n' ~1 Utility Distric 13y . Cary L. Burnley, President • Approved: ATTI:rST : Harold Thaham, Secretary Danny R. Edwards, Attorney to College View Municipal Utility District C: 17