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
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• 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.
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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.
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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.
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Ayes: Councilpersons Malone, Longley, Kibodeaux, Skelton, Gay,
Westergren and Mayor Meza
Nays: None
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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
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• 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
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• 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
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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
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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
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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.
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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.
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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
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DESIGNATION OF REPRESENTATIVES
HOUSTON-GALVESTON AREA COUNCIL
GENERAL ASSEMBLY
19b2
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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
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ATTEST:
By:
Betty T. Waters
City Secretary
,~j,Z
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HOUSTON • GALVESTON AREA COUNCIL
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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 ~ ~ ~^ _ ~? _ ~'~+~ ; _'"
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• 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
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c1--10/23/81
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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.
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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
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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
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INVOICE
,-~ _
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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.
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$ 933.43
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... C'Z
Re: Water & Sanitary Sewer Line Extensions to serve U-TOTE-UM Store
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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
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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.
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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:
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.- 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
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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
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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
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Ordinance No. Page
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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
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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
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VP ~.' '` F
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•
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.~'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`~?:
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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
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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.
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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
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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