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HomeMy WebLinkAbout1984-04-06 City Council Regular Meeting Back up Material ,// /' ~' ".. .- .... . -. t.. -.... PETITION IN OPPOSITION TO STREET OPENING TO THE MEMBERS OF CITY COUNCIL - La Porte, Texas: We, the undersigned resident citizens of La Porte, Texas, hereby petition the La Porte City Council to vote to provide access streets to Section II of Fairmont Park East on streets other than Collingswood Road and we hereby voice our opposition to the creation of an access route between Block l04 of Collingswood Drive, of Fairmont Park East, Section II, and as reasons for such opposition as follows: That the presently existing section of Collingswood Road is a quiet, residential area providing access and service to and for the residents of that area. That said area is densely housed with families with children who play in yards bordering closely on Collingswood Road. That the residential nature of the area is what attracted many of the residents in ~n effort to purchase homes on a quiet, residential street for their families. That to create a main connecting artery between Block l04 of Collingswood Road, Fairmont Park, Section II, and Block lOa of COllings- wood Drive, Fairmont Park East, Section II, would drastically change the nature of Collingswood Road into a heavily traveled street. That Collingswood Road and properties adjacent to it are not designed for such use as there was never any intention for such use. That the high volume of traffic would create an extremely hazardous and adverse situation for the residents of Collingswood Road thereby damaging the desirability of said area as a residential area and the values of the properties in the area. That access to Section II of Fairmont Park East could be more easily provided by the use of routes directly connecting the Section with West Main Str~et and Fairmont Parkway and the decision to not '\ extend Collingswood for such purposes, would be in the best interest of the residents of the area and of the City of La Porte, Texas. ~VHEREFORE, the undersigned residents of Collingswood Road, La Porte, Harris County, Texas, petition the members of the La Porte City Council to keep Collingswood Road in its present status. Respectfully submitted, Residents of Collingswood Road, La Porte, Harris County, TEXAS " . e ORDINANCE NO. AN ORDINA~CE APPOINTING A MEMBER OF THE CITY COUNCIL TO SERVE AS MAYOR PRO-TEM OF THE CITY OF LA PORTE, FOR THE TERM MAY 1, 1983, UNTIL APRIL 30, 1984, 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 hereby appoints " one of its members, to serve as Mayor Pro-Tern of the City of La Porte, for the term April 20, 1983 through April 30, 1984, and until his successor shall have been duly appointed and have qualified. Section 2. Said appointee shall perform all the duties of the Mayor in her absence or disability. Section 3. The City Council officially finds, determines recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of 'the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Ordinance shall take effect and be in force from and after its passage and approval, and it is so ordered. PASSED AND APPROVED this the 20th day of April, 1983. CITY OF LA PORTE By Virginia Cline, Mayor ATTEST: Ci ty Secre tary APPROVED: Ci ty Attorney /' /' ,(/ . . AGENDA PUBLIC HEARING AND REGULAR MEETING OF THE LA PORTE CITY COUNCIL TO BE HELD WEDNESDAY, APRIL 20, 1983, IN THE COUNCIL CHAMBERS OF THE LA PORTE CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTE, EXAS, BEGINNING AT 7:00 P.M. l. CALL TO ORDER 2. INVOCATION BY COUNCILPERSON NORMAN MALONE A I-&? 3. CONSIDER APPROVING MINUTES OF THE LAST REGULAR MEETING OF THE LA PORTE CITY COUNCIL HELD APRIL 6, 1983 Motion by Second by VOTE: FOR AGAINST ABSTAIN Malone .. .. Longley Matuszak Graves pfei ffer Gay Ske 1 ton Westergren Cline ... ~ carried Defeated Tabled ~I ~'~c.lL- 4. PROCLAMATION - BETA SIGMA PHI DAY CI 5. PROCLAMATION - NATIONAL DANCE WEEK ])/-6 6. PUBLIC HEARING - AMENDING THE LA PORTE ZONING ORDINANCE, ORDINANCE NO. 780, AS F0LLOWS: .' AN ORDINANCE AMENDING ARTICLE 7, SECTION 7-l00, ET. SEQ., OF ORDINANCE NO. 780, THE CITY OF LA PORTE ZONING ORDINANCE, PROVIDING NEW DEFINITIONS OF MANUFACTURING, SHIPPING CONTAINER STORAGE YARDS, TRUCKS, TRUCK TERMINALS, TRUCK WASHES, FREIGHT, FREIGHT TERMINALS, OPEN TERRACE, AUTOMOTIVE WRECKING AND SALVAGE YARD, AND SCRAP METAL PROCESSORS; FURTHER AMENDING ARTICLE l3, SECTION 13-404(4) (c) REMOVING THE SO. FEET QF LOT AREA PER GROUND FLOOR MULTIPLE FAMILY DWELLING UNIT RE- - ,. QUIREMENT, AND REPLACING IT WITH A SIMPLE UNIT~ PER ACRE DENSITY LIMITATION; FURTHER AMENDING ARTICLE l3, SECTION 505 (2), TO REQUIRE AUTOMOTIVE WRECKING AND SALVAGE YARDS, AND SCRAP METAL PROCESSORS TO BE LOCATED ON LAND ZONED INDUSTRIAL, FURTHER REQUIRING A SPECIAL USE PERMIT FOR SAID USES; PRO- VIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CON- VICTION BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00); FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. THOSE WISHING TO SPEAK IN, FAVOR OF THE ORDINANCE THOSE WISHING TO SPEAK IN OPPOSITION TO THE ORDINANCE DECLARE PUBLIC HEARING CLOSED . . Motion by Second by VOTE: FOR AGAINST Malone Longley Matuszak Gr a ve s Pfeiffer Gay Skelton Westergren Cline Motion carried Defeated Tabled ABSTAIN E / -;).. t.I7. PAUL FELGNER -PETITION IN OPPOSITION TO OPENING COLLINGSWOOD STREET 8. CONSIDER ELECTING MAYOR PRO-TEM ILf ~e.~'~ G I-~ 9. CONSIDER AWARDING BID FOR TRACTORS WITH MOWERS - PARKS AND RECREATION DEPARTMENT Motion by Second by VOTE: FOR AGAINST ABSTAIN Malone /' Longley Matuszak . . ,. Graves ", Pfeiffer Gay Ske I ton Westergren Cline Motion carried Defeated Tabled FI Mo tion by Second by VOTE :' FOR AGAINST Malone Longley Ma tus zak Graves Pfeiffer Gay Ske I ton Westergren Cline 00 Motion carried Defeated Tabled ABSTAIN ( ( ". ~. e e ~=-- " MINUTES OF THE REGULAR MEETING OF THE LA PORTE CITY COUNCIL APRIL 6, 1983 " l. The meeting was called to order by Mayor Cline at 7:00 P.M. Members of the City Council Present~ Mayor Virginia Cline, Councilpersons Norman Malone, John Longley, Ed Matuszak, Kevin Graves, Lindsay Pfeiffer, Deotis Gay, Don Skelton Linda W~stergren Members of the City Council Absent: None Members of the City Staff Present: City Manager Jack Owen, City Secretary Betty T. Waters, City Attorney Knox Askins, Director of Administrative Services Bob Herrera, Director of Public Works Jerry Hodge, Building Official David paulissen, Fire Chief Joe Sease, Director of Parks and Recreation Stanley Sherwood, Judge J. B. Williamson, Chief of Police Herb Freeman o Others Present: Frieda Beaty, Bay town Sun; Melissa Lestarjette, Bayshore Sun; David Wade, Bayshore Sun; 59 interested citizens 2. The invocation was given by City Attorney Askins. 3. The Council considered the minutes of the Regular Meeting of ...the La Porte City Council held March l6, 1983. A correction 'to the minutes was requested by Counci1person Deotis Gay to Item 20, Councilperson Malone. Counci1person Gay requested the sen tence, "This met Wl. th a nod of approval from Council" be struck from the minutes. A motion was made by Councl.lperson Skelton to accept the minutes as corrected. Second by Councilperson Gay. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Malone, Longley, Matuszak, Graves, Pfeiffer, Gay, Skelton, Westergren and Mayor Cline Nays: None 4. The City Council canvassed the returns of the 1983 General City of La Porte Election. The City Attorney read: AN ORDINANCE DECLARING THE RESULTS OF THE REGULAR ELECTION HELD IN THE CITY OF LA PORTE ON APRIL 2, 1983, FOR THE ELECTION OF A COUNCILPERSON DISTRICT 4; COUNCILPERSON DISTRICT 5 AND COUNCIL- PERSON-AT-LARGE POSITION A" A I e e .... ~=- ( Minutes, Regular Meeting, La Porte City Council April 6, 1983, Page 2 This election resulted in the election of the following nam~d, persons: Councilperson District 4 Councilperson District 5 Councilperson-at-Large Position A - Deotis Gay - B. Don Skelton - Kevin Graves A motion was made by Councilperson Pfeiffer to approve and adopt Ordinance No. 1359 as read b~~the City Attorney. Second by Councilperson Longley. The motion carried, 9 ayes and 0 nays. ( Ayes: Councilpersons Malone, Longley, Matuszak, Graves, Pfeiffer, Gay, Skelton, Westergren and Mayor Cline Nays: None 5. The Oath of Office was at this time administered by Judge J. B. Williamson to Councilperson District 5, B. Don Skelton. The Oath of Office was given to Councilperson District 4 Deotis Gay and Councilperson-at-Large Position A, Kevin Graves, by Mayor Cline. 6. Mayor Cline recognized the January City of La Porte employee of the month, Lori Regelbrugge, a recreation therapist who runs the program for the handicapped; and for February, Sam L. Knowles, warehouseman, who has not missed a day's work for sickness or family emergency since he was hired September 30, 1981. '. 7. ...'!'U's. Jennie Riley, who was to address the Council concerning the North Side Civic Center, was not present due to her recent illness. 8. Ernest Attwell of Gulf Coast Community Services, was not present. 9. Linda Edge called earlier to ask to be excused, since she would be out of town. lO. Speaking for A. J. Christ, Mr. Cary Burnley addressed the Council. Mr. Burnley asked that the Council take immediate action to either annex the College View Municipal Utility District or to release them from the La Porte E.T.J. to enable Pasadena to annex the District. Burnley was told the annexation committee would meet Friday, April 8 at 4:00 P.M. , ,- ll. City Attorney Askins read: AN ORDINANCE AMENDING ORDINANCE NO. ll34 VACATING, ABANDONING AND CLOSING A PORTION OF THE ALLEY IN BLOCK ONE THOUSAND ONE HUNDRED AND THIRTEEN (lll3), IN THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS A~ ( ( i '. .~ e e .. ~-=- Minutes, Regular Meeting, La Porte City Council April 6, 1983, Page 3 A motion was made by Councilperson Pfeiffer to approve and adopt Ordinance No. ll34-A as read. Second by Councilperson Gay. The motion carried, 9 ayes and 0 nays. Ayes; Councilpersons Malone, Longley, Matuszak, Graves, Pfeiffer, Gay, Skelton, Westergren and Mayor Cline Nays: None 12. City Attorney Askins read: AN ORDINANCE VACATING, ABANDONING AND CLOSING ALL OF THE ALLEYS IN BLOCK SEVEN HUNDRED THIRTY- THREE (733) AND SEVEN HUNDRED THIRTY-FOUR (734), IN THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS A motion was made by Councilperson Matuszak to table action on the ordinance as read until utility verifications have been made with the proper authorities. Second by Councilperson Longley. The motion carried, 8 ayes and 1 nay. Ayes: Councilpersons Malone, Longley, Matuszak, Graves, Pfeiffer, Gay, Skelton, and Mayor Cline Nays: Councilperson Westergren l3. Council considered information concerning Water Well #5 (25th Street). After reviewing the information concerning the need for repairs, Council considered declaring an emergency. A motion was made by Councilperson Skelton to declare an emer- gency on the 25th Street Water Well, authorize Layne Texas "~T:later Well Company to do the needed repairs, and allocating $12,,000 from the Water and Sewer Contingency to make the repairs. Second by Councilperson Graves. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Malone, Longley, Matuszak,' Graves, Pfeiffer, Gay, Skelton, Westergren and Mayor Cline Nays: None 14. City Attorney Askins read: AN ORDINANCE AMENDING CHAPTER 4 1/2, ARTICLE 1, SECTION 4 1/2-1, ET. SEQ. OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, ADDING DEFINITIONS OF SCHOOL YEAR AND SUMMER, AND AMENDING THE 'DEFINITION OF GAME HALL; FURTHER AMENDING CHAPTER 4 l/2, ARTICLE l, SECTION 4 l/2-18, BY CHANGING THE HOURS OF OPERATION THAT GAME HALLS AS DEFINED MAY REMAIN OPEN, AND RESTRICTING THE HOURS OF OPERATION OF ANY SKILL OR PLEASURE ORIENTED COIN OPERATED MACHINE IN COMMERCIAL ESTABLISH- MENTS; ADDING A NEW SECTION TO CHAPTER 4 l/2, ARTICLE I, BEING SECTION 4 l/2-27, SAID NEW SECTION REQUIRING A NOTICE TO BE A3 ( ( e e ~' Minutes, Regular Meeting, La Porte City Council April 6, 1983, Page 4 CONSPICUOUSLY PLACED ON ALL SKILL OR PLEASURE ORIENTED COIN OPERATED MACHINES DESIGNATING THE HOURS SAID MACHINES ARE TO BE USED BY MINORS; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDE- MEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00); CONTAINING A SEVERABILTIY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETING LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF o. A motion was made by Councilperson Matuszak to approve and adopt Ordinance No. llOOC as read by the City Attorney. Second by Councilperson Malone. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Malone, Longley, Matuszak, Graves, Pfeiffer, Gay, Skelton, Westergren and Mayor Cline Nays: None City Attorney Askins advised the City Manager the City should proceed to have the required notices prepared and placed on game machines. Council asked that a future workshop item be to discuss game machine policy for North Side Civic Center. lS. Council considered bids received for annual contract on liquid asphalt, emulsions and cut back asphalt. '. '~~ motion was made to award the bid to Gulf States, Inc., by Councilperson Skelton. Second by Councilperson Longley. The motion carried, 8 ayes and 0 nays. Councilperson Westergren was temporarily away from the Council table. Ayes: Councilpersons Malone, Longley, Matuszak, Graves, Pfeiffer, Gay, Skelton and Mayor Cline Nays: None l6. Council considered a request from purchasing to negotiate a fixed price agreement for crack sealing material. A motion was made by Councilperson Matuszak to permit the Purchasing Department to negotiate with Shepler's, Inc., to execute a formal fixed price agreement for the purchase of crack sealing material. Second by Councilperson Westergren. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Malone, Longley, Matuszak, Graves, Pfeiffer, Gay, Skelton, Westergren and Mayor Cline Nays: None A ,{- e e ~- ( Minutes, Regular Meeting, La Porte City Council April 6, 1983, Page 5 l7. City Attorney Askins read two ordinances dealing with on- premise consumption of beer at 2199 Underwood Road. The two ordinances shall be tagged "J-2" and "J-5" for identi- fication purposes. The differences in the two ordinances being Section l, (4), concerning required audits. J-2 would provide that the Building Official, upon receiving a complaint could require a verified audit showing gross income from alcoholic beverages and from the sale of food, not to exceed two au~its a year. J-5 states the ~icensee shall furnish the City Secretary with a verified audit within 45 days of the close of the calendar year showing the gross income re-.., ceived from the sale of alcoholic beverages and from the sale of food. A motion was made to approve Ordinance J-5 by Councilperson Matuszak. Second by Councilperson Malone. The motion failed, 4 ayes and 5 nays. Ayes: Nays: Councilpersons Malone, Longley, Matuszak and Mayor Cline Councilpersons Graves, Pfeiffer, Gay, Skelton and Westergren ( A motion was made by Councilperson Pfeiffer to approve.Ordi- nance J-2. Second by Councilperson Graves. The motion car- ried, 8 ayes and I nay. Ayes: Councilpersons Malone, Longley, Graves, Pfeiffer, Gay, Skelton, Westergren and Mayor Cline ,;Nays: Councilperson Matuszak City Attorney Askins read: AN ORDINANCE AMENDING ORDINANCE NO. llOO OF THE CITY OF LA PORTE, TEXAS, DESIGNATING THE AREAS WHERE BEER FOR CONSUMPTION ON THE PREMISES MAY BE SOLD AND PROHIBITING THE SALE ELSEWHERE; PROVIDING FOR HOURS OF OPENING AND CLOSING: PROVIDING SALE OF BEER FOR CONSUMPTION OFF PREMISES SHALL NOT BE AFFECTED; DEFINING SOURCE OF AUTH- ORITY; PROVIDING THAT NO LICENSE SHALL BE ISSUED EXCEPT FOR THE AREAS HEREIN DESIGNATED; DEFINING RESTAURANT; GRANTING A PERMIT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF A motion was made by Councilperson Pfeiffer to approve and adopt Ordinance No. IOOO-p as read by the City Attorney, granting an on premise beer permit to Sweet Pea's Po Boy and Sandwich Shoppe at 2199 Underwood Road. Second by Council- person Gay. The motion carried, 6 ayes and 3 nays. \... Ayes: Councilpersons Longley, Graves, Pfeiffer, Gay, and Westergren Nays: Councilpersons Malone, Matuszak and Mayor Cline A~ ( ( , , '-- e e ~ ~- Minutes, Regular Meeting, La Porte City Council April 6, 1983, Page 6 18. Council considered a request by City Manager Owen to proceed to advertise for bids to make needed repairs to City Hall. A motion was made by Councilperson Westergren to authorize the City Manager to set a date to receive bids for needed repairs to City Hall. Second by Councilperson Skelton. The motion carried, 8 ayes, 0 nays and 1 abstain. Ayes: Councilpersons Longley, Matuszak, Graves, Pfeiffer, Gay, Skelton, Westergren and M~yor Cline Nays: None Abstain: Councilperson Malone 19. Council considered ratifying and confirming the purchase of certain real estate and appropriating funds for the purchase. A motion was made by Councilperson Matuszak to of land in the Lomax Addition from Mr. Reeves, a parking lot for the Lomax Recreation Fields, $29,367.50 to be appropriated from the Revenue Contingency. Second by Councilperson Graves. carried, 8 ayes and 1 nay. purchase a to be used the sum of Sharing The motion tract for Ayes: Councilpersons Malone, Matuszak, Graves, Pfeiffer, Gay, Skelton, Westergren and Mayor Cline Nays: Councilperson Longley 20. Council considered an appointment to the La Porte Area Emer- gency Ambulance Corps Board of Directors. A vacancy had been created by the resignation of Robert Boyd. After considera- tion in executive session a motion was made by Councilperson Gay to appoint Charlie G. Perry, 127 North Fourth Street, to fill the vacancy. Second by Councilperson Malone. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Malone, Longley, Matuszak, Graves, Pfeiffer, Gay, Skelton, Westergren and Mayor Cline Nays: None 21. City Attorney Askins read: A RESOLUTION AUTHORIZING INDUSTRIAL REVENUE BONDS UNDER THE AUSPICES OF THE LA PORTE INDUSTRIAL DBVELOPMENT CORPORATION TO LA QUINTA MOTOR INN A motion was made by Councilperson Graves to approve and adopt Resolution No. 83-8 as read by the City Attorney. Second by Councilperson Skelton. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Malone, Longley, Matuszak, Graves, Pfeiffer, Gay, Skelton, Westergren and Mayor Cline Nays: None A~ . e r-::::=-- ( Minutes, Regular Meeting, La Porte City Council April 6, 1983, Page 7 Emergency Addendum: Martha and Morris Rose and Sybil Fouche appeared before Council to discuss the removal of electrical service by Houston Lighting and Power Co. at the request of City personnel. After lengthy discussion, a motion was made by Councilperson Graves to adjourn into executive session on a personnel matter. Second by Councilperson Malone. The motion carried, 9 ayes and 0 nays. The Council adjourned into executive session at 9:04 P.M. The Council returned to the Council table at 11:10 P.M. City Manager Owen stated he and the City Council supported the actions taken by the Building Officials in the matter under discussion. 22. Administrative Reports: ( A date was set fOr the dedication of the Jennie Riley Civic Center - May 1, 1983. City Manager Owen and Director of Parks and Recreation Sherwood will work out details. Owen reported that HDR will be present to make a report on the solid waste study April 13 and the City of Seabrook City Council will join us for the report. 23. Council Action: Councilperson Malone asked that the truck Ordinance be enforced on 26th Street. Councilperson Graves asked that a weekend and holiday recording be placed on the City Hall telephone. Mayor Cline read Dr. Genie Suhr's resignation from the Planning and Zoning Commission. 24. There being no further business to be brought before the Council, the meeting was duly adjourned at 12:10 P.M. Respectfully submitted: ( '- Betty T. t-Va ters Ci ty Secretary A1 . e ...-=- ( Minutes, Regular Meeting, La Porte City Council April 6, 1983, Page 8 Passed and Approved this the 20th day of April, 1983 Virginia Cline, Mayor ( ',-- AS' e Office of the e MAYOR CITY OF LA PORTE roc amation UJJ lamas: In honOJr. 06 Beta. S.igma. Phi SOILOJU;ty, the woll1..d'.6 laJtgut GlLeeh. leUeIL women'.6 .6elLvic.e, c.uUu.ttai. a.nd. .6oc.,[al olLga.niza.:t.ion w.U:h many c.ha.pteM in :the Cliy 06 La. Poll.:te, the da.y 06 AplLil. 30, 1983, ha..6 been du.igna.:ted a..6 Beta. Sigma. Ph,(. Va.y; and WHEREAS., Beta Sigma. Phi i.6 a.n olLga.niza.ti.on :tha.:t ha..6 glLown to include mOlLe tha.n 250,000 membe1L.6 in 12,500 C.ha.ptCVL6, loc.a.:ted in 36 c.oun:tlLiu a.c.ILO.6.6 the wolLld; a. glLoup 06 women tha.:t hcu, wOlLked 601L eVeILY known c.haJU- table, hea.l:th a.nd c.uLtwta.l. olLga.niza.ti.on, lLcU.6bl.g money a.nd dona.ilYr.g .tUne a.nd e6601l.:t :to tho.6e in need eVelLlJWhelLe; a.nd. WHEREAS, the badge 06 :the olLga.niza.ti.on .61ta..U. .6igni6Y Li6e, Lea.lLning a.nd. FlLienMhip by .i..:t..6 GlLeek. .6ymbo.t6, Beta. S.igma. Phi; a.nd WHEREAS, li i.6 .6inc.elLely bw.eved :to be a. wOM:h.whlle a.c.:t :tha.:t would bene6li .i..:t..6 many membeM Mound the wolLld, w.U.h a. li6e.tUne 06 a..6.6oc.,[a.:t.ion w.U.h the fi,[nut people; NOW, THEREFORE, 1, VIRGINIA CLINE, MAYOR 06 the City 06 La. Poll.:te, do helLeby plLOcla.im ApJLU. 30, 1983, M BETA SIGMA PHI VAY a.nd Mk :tha.:t otheIL Beta. S.igma. Phi .6i.6te1L.6 eVelLlJWhelLe join with La. Poll.:te Beta. Sigma. Phi Cliy Counc.-i.l 06 La. PolL:te, Texa..6, in .6aluting Beta. Sigma. Phi Va.y. IN WITNESS WHEREOF, 1 ha.ve heILeu.n:to .6e:t my hand a.nd c.a.u..6ed the Seal. 06 the Cliy 06 La. Poll.:te :to be a.66ixed heILe:to, thi.6 the 20th MY 06 ApJri..f.., A.V., 1983. V.<.ILg.uu.a. CUne, Ma.yolL ~J e Office of the e MAYOR CITY OF ~..., \\f LA JI ". "'~ ........ '(J~ f~~.*'.. ...~~ , . .: :. \ : : -. : .... ~. ... \~\. .,-:..~ ....!J' ;,-.......,;." ..., .OUI'" LA PORTE roc amation IllJ Ittrta$: The a.IL:t 06 da.n.c.e involv u the phY.6ic.a.l eXplLu.6io n 06 a. thought, 6ew.ng, OIL idea.; a.nd WHEREAS, .6ai.d a.IL:t bJUng.6 c.uUu.ttai. aLUVLenU.6 to the c.ommunity; and WHEREAS, thi.6 atAWLenu.6 ewuc.hu :the U6utyle 06 c.ommun.i.ty lLuident6 a.nd :thWr. 6a.miUu; a.nd WHEREAS, public. .6uppoll.:t 06 loc.al c.,[vic. end.ea.voM in the a.IL:t 06 da.nc.e i.6 U.6 eYLti.ai.; a.nd WHEREAS, :the Royal Ba..U.e:t Thea..tJLe 06 Texa..6 ha..6 ptLovided OUIL Mea. tuUh ma.ny exc.U..Lng pILoduction6 :thJr.oughou.:t :the pa..6t .6eveILai. yea./L.6; a.nd WHEREAS, Mea. c..-i;.Uzen6 look. 601UlJCVl.d ea.c.h Yea.IL to .6Uppoll.:ting :thue even-t6 , NOW, THEREFORE, 1, VIRGINIA CLINE, MAYOR 06 tlte Cliy 06 La. Poll.:te, T eXa..6 , do helLeb y plLo claim :the week. 06 AplLil. 24- 30, 1983, a..6 "NATIONAL VANCE WEEK" in :the City 06 La. Poll.:te, and uJr.ge ail. c..-i;.Uzen6 :to ob.6e1Lve a.nd pa;t:ti.c.ipa.:te :thILough inc.lLea..6ed .6Uppoll.:t 06 the M:t 06 Va.n.c.e. IN WITNESS WHEREOF, 1 have helLeun:to .6U my ha.nd and c.a.u.-6ed :the Seal. 06 :the Cliy 06 La. Poll.:te, TeXa..6, :to be a.66ixed heILe:to, :th,iA :the 20:th day 06 AplLil., A.V., 1983. VIRGINIA CLINE, MAYOR ~I e e ORDINANCE NO. AN ORDINANCE AMENDING ARTICLE 7, S 7-100, et. seq., OF ORDI- NANCE NO. 780, THE CITY OF LA PORTE ZONING ORDINANCE, PROVIDING NEW DEFINITIONS OF MANUFACTURING, SHIPPING CONTAINER STORAGE YARDS, TRUCKS, TRUCK TERMINALS, TRUCK WASHES, FREIGHT, FREIGHT TERMINALS, OPEN TERRACE, AUTOMOTIVE WRECKING AND SALVAGE YARD, ANO SCRAP METAL PROCESSORS; FURTHER AMENDING ARTICLE 13, S 13-404(4)(c) REMOVING THE SQ. FEET OF LOT AREA PER GROUND FLOOR MULTIPLE FAMILY DWELLING UNIT REQUIREMENT, AND REPLACING IT WITH A SIMPLE UNITS PER ACRE DENSITY LIMITATION; FURTHER AMENDING ARTICLE 13, S 505 (2), TO REQUIRE AUTOMOTIVE WRECKING AND SALVAGE YARDS, AND SCRAP METAL PROCESSORS TO BE LOCATED ON LAND ZONED INDUSTRIAL, FURTHER REQUIRING A SPECIAL USE PERMIT FOR SAID USES; PROVIDING THAT ANY PERSON VIOLATING THE ~ERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR A~D SHALL UPON CONVICTION BE FINED IN ANY SUM NOT MORE THAN TWO' HUNDRED DOLLARS ($200.00); FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Section 7-100, et. seq. of the Zoning Ordinance of the City of La Porte, is hereby amended, adding the following definitions in proper numerical and alphabetical sequence, to-wit: "Sec. 7-103A - Automotive Wrecking and Salvage Yard. Any lot or tract of land whereon three or more discarded, abandoned, junked, wrecked or worn out automotive vehicles, including but not limited to automobiles, trucks, tractor trailers, and buses, are kept, or stored for the purpose of disassem- bling, dismantling, cutting up, stripping, or otherwise wrecking such automotive vehicles to extract therefrom parts, components, or acces- sories for sale or for use in automotive repair or rebuilding businesses. " "Sec. 7-139B - Freight Terminal. See definition of S 7-163 Motor Freight Terminal. "Sec. 7-160A - Manufacturing. the process or operation, whether by hand, machinery, or~ther agency, whereby material is changed into a different and useful product. "Sec. 7-167A - Open Terrace. a level space or platform constructed of concrete, wood, earth, or other similar materials, raised above average grade, without any enclosing walls or roof attached. An "open terrace" may include a patio or sun deck. ])/ e e Ordinance No. , Page 2. "Sec. 7-170A - Scrap Metal Processor. Business in which the processing of iron, steel, or non-ferrous scrap for remelting purposes is carried on. "Sec. 7-172A - Shipping Container. Sealable ship- ping containers, designed for intermodal transpor- tation, either with or without a permanent affixed chassis, used in interstate and international commerce for the shipment of goods and merchandise. "Sec. 7-172B - Shipping Container Storage Yards. A facility for the storage, handling, and repair of shipping containers. "Sec. 7-l85A - Truck Terminal. A commercial facility operated principally for the loading, unloading, storage, handling, maintenance, or repair of any trucks designed, used, or maintained primarily for the commercial transportation of property, including, but not limited to gasoline service stations, shipping container storage yards, warehouses, shipping facilities, .or motor freight terminals. "Sec. 7-l85B - Truck Wash. A commercial facility operated principally for the interior and exterior cleaning of commercial trucks, specifically in- cluding commercial tank trailers as that term is defined in Chapter 25, Article IV, Section 25-80 of the Code of Ordinances of the City of La Porte. Said interior cleaning process par- ticularly involves the extraction and disposal of the chemicals contained within said tank trailers. Said chemicals frequently are classified as "hazardous waste" under applicable municipal, county, state, and federal regulations." Section 2. Section 13-404(4) (c) of the Zoning Ordinance of-: the City of La Porte, Texas, is hereby amended to read as follows, to-wit: "Sec. 13-404(4)(c) - A lot on which there is erected or converted, a multiple family dwelling shall contain no more than twenty-five (25) apartments or dwelling units per acre. Provided, that any lot on which a multiple family dwelling is erected shall contain a minimum of 25,0~0 square feet." Section 3. Section 13-505 (2) of the Zoning Ordinance of the City of La Porte, Texas, is hereby amended to read as follows, to-wit: 7J:L e e Ordinance No. , Page 3. "Sec. 13-505(2) - Uses for which special permits may be secured, subject to all conditions and safeguards prescribed herein or as may be further prescribed by the Board of Adjustment are as follows: (a) Airport, landing field or landing strip; pro- vided adequate clear zones can be established. (b) Amusement parks, commercial baseball or athletic fields, stadiums, race tracks, circuses, carnivals, and fair grounds; provided such facili- ties conform to the performance standards relating to noise as set forth in Section 13-506, Perform- ance Standards. The illumination of such facili- ties shall not exceed two tenths (0.2) foot-candle across the source property line when adjacent to a Residential District; however, such facilities are permitted the use of an illu~inated advertising sign or marquee provided such signs or marquees are not located within twenty-five (25) feet of any Residential District Boundary and the illumi- nation of such signs or marquees does not exceed two tenths (0.2) foot-candle across the source property line. ~ (c) Cemeteries, mausoleum, or crematories; pro- vided such facilities are enclosed by a screening device, as defined in Section 2, Definitions. (d) Drive-in theaters, provided they are located on a major thoroughfare and conform to the per- formance standards relating to noise and as set forth in subsection 10.04, Performance Standards. They shall be enclosed by a screening device as defined in Section 2, Definitions. The illumina- tion from such a facility shall not exceed two tenths (0.2) foot-candle across the source pro- perty line when adjacent to a Residential District; however, such facilities are permitted the use of ~ an illuminated advertising sign or marquee provided such signs or marquees are not located within twenty-five (25) feet of any Residential District Boundary and the illumination of such signs or marquees does not exceed two tenths (0.2) foot- candle across the source property line. (e) Golf driving ranges and miniature golf courses; provided the illumination of such facili- ties does not exceed two tenths (0.2) foot-candle as across the source property line when adjacent to a Residential District; however, such facilities are permitted the use of an illuminated advertising sign or marquee provided such signs are not lo- cated within twenty-five (25) feet of any Resi- dential District Boundary and the illumination of such signs or marquees does not exceed two tenths (0.2) foot-candle across the source pro- perty line. ~~ ~/ e e Ordinance No. , Page 4. (f) Hospitals for the care of alcoholics, mental patients, contagious disease patients, narcotic or psychiatric patients, or penal or correctional institutions; provided such facilities shall be located on a site of not less than five (5) acres. The main and accessory buildings or structures shall not occupy more than ten (10) per cent of the total lot area. The main building or structure shall be set back from all property lines at least one (1) foot for each two (2) feet of additional height above forty-five (45) feet. (g) Sand, gravel, and borrow pits; provided such operations conform to performance standards set forth in Section 13-506, Performance Standards. At the time the special permit is granted, the Board may make special provisions for the restor- ation of such property to a usable condition after excavations have been terminated. . (h) Radio, television, or microwave broadcast or relay towers. (i) Sewage, refuse, or garbage disposal and/or treatment plants; provided such facilities conform to performance standard set forth in Section 13-406, Performance Standards. Such facilities shall be enclosed by a screening device as defined in Section 7-171, Definitions. (j) Trailers or mobile homes; provided all appro- priate state, county and city sanitation regula- tions are strictly observed. At least fifteen hundred (1,500) square feet of lot area per trailer shall be provided; no trailer shall be parked closer to the street than the required front yard set back, nor closer than thirty (30) feet to any property line abutting or lying within a Residential District, nor closer than twenty (20) feet to any other property line. A clearance of not less than fifteen (15) feet shall be main- tained between trailer coaches on all sides. Trailer coach spaces abut upon a hard surfaced driveway or accessway of not less than twenty-five (25) feet in width. No service building or other facilities for bathing, laundry, and sanitation as required by the state and local health regulations, shall be located closer to the street than the required front yard set back, not closer than thirty (30) feet to any property line abutting or lying within a Residential District, not closer than twenty (20) feet to any other property line. Such buildings or facilities shall be accessible to all trailer coaches by means of the access drives or hard surfaced walks. Wherever practical, space shall be reserved for recreation and a play- ground. Z;.f e e Ordinance No. , Page 5. (k) Shipping container storage and repair facili1;.ies. (1) Freight terminals. (m) Automotive wrecking and salvage yards, scrap metal processors, and junk or salvage yards; provided that the requirements of Chapter 12 3/4, Section 12 3/4-1, et. seq., of the Code of Ordinances of the City of La Porte are strictly adhered to in addition to the requirements of this ordinance. ,~ Section 4. Any person, as defined in Section 1.07(27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). Section 5. I f any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. . Section 6. 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 Ci ty Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all US e e Ordinance No. , Page 6. 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 7. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this Ordinance by causing the caption hereof to be published in the off icial newspaper in the City of La Porte at least twice wi thin ten (10) days after the passage of this ordinance. PASSED AND APPROVED this the day of .. , 198 CITY OF LA PORTE By Virginia Cline, Mayor ATTEST: City Secretary APP~OVED: City Attorney ])6 e e PETITION IN OPPOSITION TO STREET OPENING TO THE MEMBERS OF CITY COUNCIL - La Porte, Texas: We, the undersigned resident citizens of La Porte, Texas, hereby petition the La Porte City Council to vote to provide access streets to Section II of Fairmont Park East on streets other than Collingswood Road and we hereby voice our opposition to the creation of an access route between Block 104 of Collingswood Drive, of Fairmont Park East, Section II, and as reasons for such opposition as follows: That the presently existing section of Collingswood Road is a quiet, residential area providing access and service to and for the residents of that area. That said area is densely housed with families with children who play in yards bordering closely on Collingswood Road. That the residential nature of the area is what attracted many of the residents in ~n effort to purchase homes on a quiet, residential street for their families. That to create a main connecting artery between Block 104 of Collingswood Road, Fairmont Park, Section II, and Block 108 of Collings- wood Drive, Fairmont Park East, Section II, would drastically change the nature of Collingswood Road into a heavily traveled street. That Collingswood Road and properties adjacent to it are not designed for such use as there was never any intention for such use. That the high volume of traffic would create an extremely hazardous and adverse situation for the residents of Collingswood Road thereby damaging the desirability of said area as a residential area and the values of the properties in the area. That access to Section II of Fairrnont Park East could be more easily provided by the use of routes directly connecting the Section with West Main Street and Fairmont Parkway and the decision to not extend Collingswood for such purposes, would be in the best interest of the residents of the area and of the City of La Por~e, Texas. ~iHEREFORE, the undersigned residents of Collingswood Road, La Porte, Harris County, Texas, petition the members of the La Porte City Council to keep Collingswood Road in its present status. Respectfully submitted, Residents of Collingswood Road, La Porte, Harris County, TEXAS E/ e e ~-. FIRE DEPARTMENT CITY OF LA PORTE INTER-OFFICE MEMORANDUM TO: Jack Owen, City Manager DATE: 4-15-83 FROM: John Dunham, Assistant Fire Chief SUBJECT: Collingswood Drive Mr. Owen, In discussing with Fire Chief Sease the possible closure of Collingswood- Drive to prevent traffic flow into Fairmont East, we are in agreement that it should be left open for two primary reasons. First, it will necessitate fire apparatus and Volunteer Firefighters in their personal vehicles responding to fires having to enter either West Main or Fairmont Parkway, which are heavily traveled thoroughfares. Secondly, fire hydrants in the 10400 Block of Collingswood would not be available for use on a major fire in Fairmont East or vice-versa. Therefore, we feel that in the best interest of all concerned, Collingswood Drive should be kept open from the 10400 Block into Fairmont East. Respectfu~~ ~nh~ Assistant Fire Chief EJ-, e e ORDINANCE NO. AN ORDINANCE APPOINTING A "MEMBER OF THE CITY COUNCIL TO SERVE AS MAYOR PRO-TEM OF THE CITY OF LA PORTE, FOR THE TERM MAY 1, 1983, UNTIL APRIL 30, 1984, 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 hereby appoints , one of its members, to serve as Mayor Pro-Tern of the City of La Porte, for the term April 20, 1983 through April 30, 1984, and until his successor shall have been duly appointed and have qualified. Section 2. Said appointee shall perform all the duties 9f the Mayor in her absence or disability. Section 3. The City Council officially finds, determines recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting,_ as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Ordinance shall take effect and be in force from and after its passage and approval, and it is so ordered. PASSED AND APPROVED this the 20th day of April, 1983. CITY OF LA PORTE By Virginia Cline, Mayor ATTESt: City Secretary APPROVED: City Attorney FI n\'lE OF MEETING: AGENDA ITEM: ORIGINATED BY: PROJECI StM-1ARY: FISCAL SUMMARY: AcrION REQUIRED: ALTERNATIVES : RECCM1ENDATION: EXHmrrs : SUBMITI'ER: e April 5, 1983 e ~ 1" 'L,..............._.. CITY OF lA PORTE MEMJRANDUM 19 H.P. Diesel Tractors w/Mowers Parks and Recreation Approval of bid for two (2) 19 H.P. Diesel Tractors with mowers to replace five (5) year old Diesel Tractors with mowers See attached page Approval by City Council to accept low bid by Jim Ball International of Bay town, TX. Reject all bids To accept low bid by Jim Ball International of Bay town, TX See attached Stan Sherwood, Director Parks & Recreation 61 e e ...-:::: =-- .:". : '"2 - 19 H.P. im Ball Gloger Con roe-For Lansdowne Alvin " Die.ael Tractors Internation I Kubota Tractor Moody Eng. Co. In . w/Mowers .. (2) 19 H.P. Diesel Tracto $9210.84 $11054.00 ---, $9190.00 :;;9296.04 ~10.793.68 -- I (2) Mowers $2109.50 $ 2047.50 $2065.24 1$ 2020.74 $1866.00 ..-.....-.. -- Addendum -0- -0- 756.00 -0- 765.00 I .- ~ Total Bid Pr:ice $11.320.34 $13,101.90 $12,117.98 $12,814.42 $11.816.00 -- Deliverv Time 10 Days 5-30 Days 1 Day 3-10 Days 10 Days - .-- -- --~ --. ENOTES LOW BIb -- -- ........ -- ..--- - - - . I .---- --~ -_.--- ..---- . _. ......------ --~ I I - .---. , .. -. .----- ------ ---- --.... .------ - ----t--- .--- ____1____. I I .-------- 'r--' ------ I 1---"- ..-- I I ._--1-------- .... . - I -t= -- - - - - I ..--- ".---- 6.2- I .------- - I I I I ITEM 1. 2. 3. 4. 5. * D ... TO: FROM: SUBJECT: e e ~. CITY OF LA PORTE INTER-OFFICE MEMORANDUM MARCH 31, 1983 S. SHERWOOD - DIRECTOR OF PARKS AND RECREATION :~~ ~~19 H.P. DIESEL TRACTORS W/MOWERS Advertised sealed bids for the purchase of two (2) 19 H.P. Diesel tractors with mowers were opened, read, and tabulated at 4:00 P.M. March 28. 1983. The tractors will be used to replace two (2) 1978 Kubota B-6100E tractors' that are scheduled for auction April 16, 1983. Five bids were received and all units bid met specifications. Low bid meeting specifications was submitted by Jim Ball International in the amount of $11,320.34. A total of $18,800 is presently appropriated for the purchase of these units in the 1982-83 Motor Pool Budget. I hereby recommend accepting the low bid of $11,320~34 by Jim Ball Inter- national of Baytowo, Texas. Should you have any questions concerning this recommendation please advise. cc: b. Herrera Attachment G :<' ....,I e e ~:-. CIIT OF IA PORTE MEMJRAi'IDUM DATE OF MEETL.~G: April 20, 1983 A~A~: No. 10 - Change Order #1 - Lomax Street Project ORIGINATED BY: Jerry Hodge PROJECT sur~Y: Add construction of Monument Road to McKey Construction Project. Add subgrade preparation for Deaf Smith Road and Santa Anna Lane to McKey Construction project. FISCAL Sl.JMt-fARY: Cost: Monument Road - $51,400 Deaf Smith & Santa Anna - $22,800 Source Funds: Funds budgeted for street improvements AcrION REQUIRED: Approve Change Order #1 ALTERNATIVE~: Reject Change Order #1 and prepare subgrade of Deaf Smith and Santa Anna with City crews RECO~~TIO~: Approve Change Order #1 EXHIBITS: Letter from H. Carlos Smith Memo from Jerry Hodge Sl.i'E:.IIn,. ;{: H I \ . e e ~- , H. CARLOS SMITH ENGINEERS AND SURVEYORS, INC. 71 B SOUTH BROADWAY P. O. BOX M LAPORTE, TEXAS 77571 8 April, 1983 PHONE AlC 713 471.4226 City of La Porte P.O. Box 1115 La Porte, Texas 77571 ~ Attn: Mr. Jerry Hodge Director of Public Works Re: Street Paving & Drainage Improvements '. Job No. 1565-82 Dear Jerry: In reply to your request, we have estimated the cost of the improvement of Monument Road, as per the specifications of the contract on the above referenced job with McKey Construction & Equipment, Inc. We estimate th~ cost, including engineering at $51,500.00. We would have to be authorized to prepare the plans as soon as possible to be able to add this to the contract. For the preperation of the subgrage and lime stabilization of the sub grade on Deaf Smith Road and Santa Anna Lane, we have been advised by McKey Construction that an additional $0.36 per square yard would be necessary for the preperation of the subgrade, with the unit price as bid for the lime ~ stabilization of $1.92 per square yard to apply for this item. It is estimated that the costs would be: Deaf Smith Road Santa Anna Lane $ 15,200.00 7,600.00 The total for all three of these additions would be $74,300.00. based on estimated quantities. This is some what less than 20% of McKey's total bid of $405,610.73, and would be within the provisions of the contract. Please advise uS as soon as possible if this is approved. and get us a letter of authorization so that we may prepare the plans as quickly as possible. V~ry truly yours. H. r:arlos President Engine~;:~rveYors. ~7-t, I .... Smith, P.E. Inc. H. ~arlos Smith - -~// /;/ /' ;,.~ {'.;-.( t/~ H-,~, .' e e P":::: . ) CITY OF LA PORTE INTER-OFFICE MEMORANDUM TO: Public Works DATE: April 11, 1983 FROM: SUBJECT: Improvement Project The City of La Porte has awarded the contract for street improvements in the Lomax area to McKey Construction for the bid price of FOUR HUNDRED FIVE THOUSAND SIX HUNDRED TEN DOLLARS AND SEVENTY THREE CENTS ($405,610.73). Pre-bid estimates by H. Carlos Smith Engineers and Surveyors amounted to FIVE HUNDRED THOUSAND ($500,000). Mobile/Pasadena Chemical Corporation, in joint venture with BW? Contractors, has proposed an experimental street project, using a by-product as base material, for two (2) additional streets in the area of the street project awarded to McKey Construction. The City is.to prepare sub grade and apply paving surface. This would leave Mon~~ent Drive, a street located in the same subdivision, unpaved. Because budgeted amount for contract paving equaled the engineer's estimate, Monlli~ent Drive was left off the contract. The City requested H. Carlos Smith Engineers and Surveyors to estimate the cost of including Monument Drive in the project. Estimated cost, including engineering, is FIFTY ONE THOUSAND FIVE HUNDRED DOLLARS ($51,500), using unit prices bid by McKey Construction. The experimental project requires the City to furnish lime stabilization of subgrade. Because of rain and weather related delays, the Street Division is behind in planned street construction. The City requested H. Carlos Smith to contact McKey Construction regarding adding subgrade preparation of Deaf Smith and Santa Anna to the Lomax Paving Project. ,Because the entire construction was not requested, McKey Construction advised that an additional THIRTY SIX CENTS ($0.36) per square yard of the unit price bid would be required. ~stimated cost to prepared subgrade for Deaf Smith and Santa Anna w0~ld be TWENTY TWO THOUS~~D EIGHT HUNDRED DOLLARS ($22,800). Total estima~ed cost to add Mon~~ent to the street construction project, along wIth suogr~de prep~ration of Deaf S~ith ~nd Santa Anna would be SEVEriTY r-OUR T:f')USAr-ID rl'H2EE HUNDRED DOLLA~S (~~7!;, 300). This would be les::; than 20% 01' :.;ci<:eY':1 total bid of FOUR HiJI:nRSD ?IVE THOUSAi-rD SIX HUNDRED I'::::.r DOLLARS ;'..1-1D S::::'/2I'!TY :'rIRE::: CENTS ($405,610.73), :l:1d would be within the proyisions of the contract, and wit~lin the :cr:I:: HUNDRED THOUSAND DOLLARS ($300,000) bud~eted for contract street improvement. H3 '.. " e e ~ r-::::- Lomax Street Improvement Page Two April 11, 1983 I recommend that the necessary change orders be prepared to authorize McKey Construction Company to pave Monument Drive, and to prepare subgrade on Deaf Smith and Santa Anna. All necessary permits required of MObile/Pasadena Chemical Corporation will be approved by the time McKey Construction finishes subgrade preparation. A letter of acceptance is being prepared by the City Attorney for the MObile/Pasadena Chemical Corporation's experimental project and should be ready for approval at the April 20th City Council meeting. If you sho~ld have any questions, please advise. JH/lw H 4- . e CITY OF IA PORTE MEMJRANDUM ~1E OF MEETING: February 23, 1983 AGENDA ITEM: ORIGINATED BY: Public Works e P"""""'"" .-,;... PROJECT SUMMARY: Proposal to construct street using gypsum by product as base ma~erial. Lime sub grade and two-course penetration to be furnished by City. Mobile will supply base material and labor to construct. Streets selected are unpaved at this time. FISCAL SUMMARY: ACTION REQUIRED: Total Project Cost Less cost of base material and labor paid by others TOTAL COST TO CITY $150,623 100,000 $ 50,623 Council approval of test and purchase of materials for subgrade and wearing surface. AL'IERNATIVES: RECOMMENDATION: EXHIBITS : SUBMITTER : Reject proposal and pave conventionally with City funds. Accept proposal as submitted. Attached JerI"'J Hodge I-I e e .-.::=- .- .-.------- ..---.---.- --------------------.-----..----.----. - .. ... -.---- Mobil Chemical Company PHOSPHORUS DIVISION P.O. BOX 26683 RICHMOND, VIRGINIA 23261 TELEPHONE (8041 7~8-4291 CABLE ADDRESS: MOBIL CHEM-RICHMOND TWX (7101958-4408 February 17, 1983 Mr. Jerry Hodge Director of Public Works P. O. Box 1115 LaPorte, TX 77571 Dear Mr. Hodge: In accordance with our discussion, we are pleased to present the enclosed proposal for experimental street cons~ruction to evaluate phosphogypsum produced by Pasadena Chemical Corporation, a wholly- owned subsidiary of Mobil Oil Corporation, as a potentially cost- effective base course material. As requested, 12 copies of this proposal are included for review by interested parties. We will be happy to meet with you further at your convenience. 1m Development Enclosures r.~ e e ~:.- CITY OF LA PORTE INTER-OFFICE MEMORANDUM SUBJECT: /1 (k /owen, J~r'y,L. 0 e Director of Public Works "/// 1;' ~PP5 ,~ro~ Mobile Oil for Street Contruction II ; DATE: February 18, 1983 TO: FROM: ~tr. Richard Goertz with Mobile Oil contacted me about the possibilIty of an experinlental Street Construction ?roject approximately four weeks ago. Durinp, our first meeting we discussed several projects that had been constructed usinr: the phosphogypsum as base material. Over the next two (2) weeks I look.ed at several projects using this material. After viewing the projects and lab test conducted by the Texas Transportation Institute. I have concliLtled that with proper controls the phosphogypsum material ca.n be used for Street base. The reg~irement for the streets to be l1sed in the project required sufficient len~nth to allow two (2) six hundred feet control sections constructed of crushed limestone. The streets that are to be used for the project meet all requirements. All, 'construction on the project shall meet all of the City of La Forte construction specifications now existing. The Engineering Department will conduct all standard lab tests required on all construction projects at present. The Texas TransDortation Institute will also monitor the project for three years conductin~ reQ~ired lab tests f.or their research. Costs incured by the City are as follows: $36,025.00 100,000.00 Ih,598.00 13,100 square yards of 6% lime subgrade 12,165 square yards of phosphogypsum base 12,165 square yards of -::",;0 course asphalt paving 150,623.00 100,000.00 Total, Cost of Project Less cost of base (all equipment labor & basecost pllid by ?CC/Mobile Oil) Cost to City o~. La 'Jorte - r50,G23:o5' ,JL:! /me T-; - - e e ~=-.J ........ ( MINUTES OF THE REGULAR MEETING OF THE LA PORTE CITY COUNCIL APRIL 6, 1983 1. The meeting was called to order by Mayor Cline at 7:00 P.M. Members of the City Council Present; Mayor Virginia Cline, Councilpersons Norman Malone, John Longley, Ed Matuszak, Kevin Graves, Lindsay Pfeiffer, Deotis Gay, Don Skelton Linda Westergren Members of the City Council Absent: None ( Members of the City Staff Present: City Manager Jack Owen, City Secretary Betty T. Waters, City Attorney Knox Askins, Director of Administrative Services Bob Herrera, Director of Public Works Jerry Hodge, Building Official David Paulissen, Fire Chief Joe Sease, Director of Parks and Recreation Stanley Sherwood, Judge J. B. Williamson, Chief of Police Herb Freeman Others Present: Frieda Beaty, Bay town Sun; Melissa Lestarjette, Bayshore Sun; David Wade, Bayshore Sun; 59 interested citizens 2. The invocation was given by City Attorney Askins. The Council considered the minutes of the Regular Meeting of the La Porte City Council held March 16, 1983. A correction ~o the minutes was requested by Councilperson Deotis Gay to Item 20, Councilperson Malone. Councilperson Gay requested the sentence, "This met with a nod of approval from Council" be struck from the minutes. 3. A motion was made by Councilperson Skelton to accept the minutes as corrected. Second by Councilperson Gay. The motion carried, 9 ayes and 0' nays. Ayes: Councilpersons Malone, Longley,' Matuszak, Graves, Pfeiffer, Gay, Skelton, Westergren and Mayor Cline Nays: None 4. The City Council canvassed the returns of the 1983 General City of La Porte Election. The City Attorney read: l AN ORDINANCE DECLARING THE RESULTS OF THE REGULAR ELECTION HELD' IN THE CITY OF LA PORTE ON APRIL 2, 1983, FOR THE ELECTION OF A COUNCILPERSON DISTRICT 4; COUNCILPERSON DISTRICT 5 AND COUNCIL- PERSON-AT-LARGE POSITION A" Ii J ( ( l e e _-'l! ---- Minutes, Regular Meeting, La Porte City Council April 6, 1983, Page 2 ~his election resulted in the election of the following nam~~ persons: Councilperson District 4 Councilperson District 5 Councilperson-at-Large Position A - Deotis Gay - B. Don Skelton - Kevin Graves A motion was made by Councilperson Pfeiffer to approve and adopt Ordinance No. 1359 as read bY6the City Attorney. Second by Councilperson Longley. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Malone, Longley, Matuszak, Graves, Pfeiffer, Gay, Skelton, Westergren and Mayor Cline Nays: None 5. The Oath of Office was at this time administered by Judge J. B. Williamson to Councilperson District 5, B. Don Skelton. The Oath of Office was given to Councilperson District 4 Deotis Gay and Councilperson-at-Large Position A, Kevin Graves, by Mayor Cline. 6. Mayor Cline recognized the January City of La Porte employee of the month, Lori Regelbrugge, a recreation therapist who runs the program for the handicapped; and for February, Sam L. Knowles, warehouseman, who has not missed a day's work for sickness or family emergency since he was hired September 30, 1981. 7. ,~s. Jennie Riley, who was to address the Council concerning the North Side Civic Center, was not present due to her recent illness. 8. Ernest Attwell of Gulf Coast Community Services, was not present. 9. Linda Edge called earlier to ask to be excused, .since she would be out of town. 10. Speaking for A. J. Christ, Mr. Cary Burnley addressed the Council. Mr. Burnley asked that the Council take immediate action to either annex the College View Municipal Utility District or to release them from the La Porte E.T.J. to enable Pasadena to annex the District. Burnley was told the annexation committee would meet Friday, April 8 at 4:00 P.M. 11. City Attorney Askins read: AN ORDINANCE AMENDING ORDINANCE NO. 1134 VACATING, ABANDONING AND CLOSING A PORTION OF THE ALLEY IN BLOCK ONE THOUSAND ONE HUNDRED AND THIRTEEN (1113), IN THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS A-c2,. e e --'" .....-- ---- ( Minutes, Regular Meeting, La Porte City Council April 6, 1983, Page 3 A motion was made by Councilperson Pfeiffer to approve and adopt Ordinance No. 1134-A as read. Second by Councilperson Gay. The motion carried, 9 ayes and 0 nays. Ayes~ Councilpersons Malone, Longley, Matuszak, Graves, Pfeiffer, Gay, Skelton, Westergren and Mayor Cline Nays: None 12. City Attorney Askins read: AN ORDINANCE VACATING, ABANDONING AND CLOSING ALL OF THE ALLEYS IN BLOCK SEVEN HUNDRED THIRTY- THREE (733) AND SEVEN HUNDRED THIRTY~FOUR ("734), IN THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS A motion was made by Councilperson Matuszak to table action on the ordinance as read until utility verifications have been made with the proper authorities. Second by Councilperson Longley. The motion carried, 8 ayes and 1 nay. ( Ayes: Councilpersons Malone, Longley, Matuszak, Graves, Pfeiffer, Gay, Skelton, and Mayor Cline Nays: Councilperson Westergren 13. Council considered information concerning Water Well *5 (25th Street). After reviewing the information concerning the need for repairs, Council considered declaring an emergency. A motion was made by Councilperson Skelton to declare an emer- gency on the 25th Street Water Well, authorize Layne Texas .. T:Jater Well Company to do the needed repairs, .and allocating $12,000 from the Water and Sewer Contingency to make the repairs. Second by Councilperson Graves. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Malone, Longley, Matuszak,. Graves, Pfeiffer, Gay, Skelton, Westergren and Mayor Cline Nays: None l 14. City Attorney Askins read: AN ORDINANCE AMENDING CHAPTER 4 1/2, ARTICLE 1, SECTION 4 1/2-1, ET. SEQ. OF THE .CODE OF ORDINANCES OF THE CITY OF LA PORTE, ADDING DEFINITIONS OF SCHOOL YEAR AND SUMMER, AND AMENDING THE DEFINITION OF GAME HALL; FURTHER AMENDING CHAPTER 4 1/2, ARTICLE 1, SECTION 4 1/2-18, BY CHANGING THE HOURS OF OPERATION THAT GAME HALLS AS DEFINED MAY REMAIN OPEN, AND RESTRICTING THE HOURS OF OPERATION OF ANY SKILL OR PLEASURE ORIENTED COIN OPERATED MACHINE IN COMMERCIAL ESTABLISH- MENTS; ADDING A NEW SECTION TO CHAPTER 4 1/2, ARTICLE I, BEING SECTION 4 1/2-27, SAID NEW SECTION.REQUIRING A NOTICE TO BE A.3 . . --!!t .....-- - ( Minutes, Regular Meeting, La Porte City Council April 6, 1983, Page 4 CONSPICUOUSLY PLACED ON ALL SKILL OR PLEASURE ORIENTED COIN OPERATED MACHINES DESIGNATING THE HOURS SAID MACHINES ARE TO BE USED BY MINORS; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDE- MEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN 'TWO HUNDRED DOLLARS ($200.00); CONTAINING A'SEVERABILTIY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETING LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF A motion was made by Councilperson Matuszak to approve and adopt Ordinance No. 1100C as read by the City Attorney. Second by Councilperson Malone. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Malone, Longley, Matuszak, Graves, Pfeiffer, Gay, Skelton, We~tergren and Mayor Cline Nays: None ( City Attorney Askins advised the City Manager the City should proceed to have the required notices prepared and placed on game machines. Council asked that a future workshop item be to discuss game machine policy for North Side Civic Center. 15. Council considered bids received for annual contract on liquid asphalt, emulsions and cut back asphalt. ~ motion was made to award the bid to Gulf States, Inc., by Councilperson Skelton. Second by Councilperson Longley. The motion carried, 8 ayes and 0 nays. Councilperson Westergren was temporarily away from the Council table. Ayes: Councilpersons Malone, Longley, Matuszak, Graves, Pfeiffer, Gay, Skelton and Mayor Cline Nays: None 16. Council considered a request from purchasing to negotiate a fixed price agreement for crack sealing material. A motion was made by Councilperson Matuszak to permit the Purchasing Department to negotiate with Shepler's, Inc., to execute a formal fixed price agreement for the purchase of crack sealing material. Second by Councilperson Westergren. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Malone, Longley, Matuszak, Graves, Pfeiffer, Gay, Skelton, Westergren and Mayor Cline Nays: None Ai e e -- ~ ........- .....-.-. ( Minutes, Regular Meeting, La Porte City Council April 6, 1983, Page 5 17. City Attorney Askins read two ordinances dealing with on- premise consumption of beer at 2199 Underwood Road. The two ordinances shall be tagged "J:"2" and "J-5" for identi- fication purposes. The differences in the two ordinances being Section 1, (4), concerning required audits. J-2 would provide that the Building Official, upon receiving a complaint could require a verified audit showing gross income from alcoholic beverages and from the sale of food, not to exceed two audits a year. J-5 states the licensee shall furnish the City Secretary with a verified audit within 45 days of the close of the calendar year showing the gross income re- ceived from the sale of alcoholic beverages and from the saie of food. . A motion was made to approve Ordinance J-5 by Councilperson Matuszak. Second by Councilperson Malone. The motion failed, 4 ayes and 5 nays. Ayes: Nays: Councilpersons Malone, Longley, Matuszak and Mayor Cline Councilpersons Graves, Pfeiffer, Gay, Skelton and Westergren ( A motion was made by Councilperson Pfeiffer to approve Ordi- nance J-2. Second by Councilperson Graves. The motion car- ried, 8 ayes and 1 nay. Ayes: Councilpersons Malone, Longley, Graves, Pfeiffer, Gay, Skelton, Westergren and Mayor Cline Nays: Councilperson Matuszak City Attorney Askins read: AN ORDINANCE AMENDING ORDINANCE NO. 1100 OF THE CITY OF LA PORTE, TEXAS, DESIGNATING THE AREAS WHERE BEER FOR CONSUMPTION ON THE PREMISES MAY BE SOLD AND PROHIBITING THE SALE ELSEWHERE; PROVIDING FOR HOURS OF OPENING AND CLOSING: PROVIDING SALE OF BEER FOR CONSUMPTION OFF PREMISES SHALL NOT BE AFFECTED; DEFINING SOURCE OF AUTH- ORITY; PROVIDING THAT NO LICENSE SHALL BE ISSUED EXCEPT FOR THE AREAS HEREIN DESIGNATED; DEFINING RESTAURA~T; GRANTING A PERMIT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF A motion was made by Councilperson Pfeiffer to approve and adopt Ordinance No. 1000-p as read by the City Attorney, granting an on premise beer permit to Sweet Pea's Po Boy and Sandwich Shoppe at 2199 Underwood Road. Second by Council- person Gay. The motion carried, 6 ayes and 3 nays. l Ayes: Councilpersons Longley, Graves, Pfeiffer, Gay, and Westergren Nays: Councilpersons Malone, Matuszak and Mayor Cline A~ e e -- , .......--- ( Minutes, Regular Meeting, La Porte City Council April 6, 1983, Page 6 18. Council considered a request by City Manager Owen to proceed to advertise for bids to make needed repairs to City Hall. A motion was made by Councilperson Westergren to authorize the City Manager to set a date to receive bids for needed repairs to City Hall. Second by Councilperson Skelton. The motion carried, 8 ayes, 0 nays and 1 abstain. Ayes: Councilpersons Longley, Matuszak, Graves, Pfeiffer, Gay, Skelton, Westergren and Mayor Cline Nays: None Abstain: Councilperson Malone 19. Council considered ratifying and confirming the purchase of certain real estate and appropriating funds for the purchase. ( A motion was made by Councilperson Matuszak to of land in the Lomax Addition from Mr. Reeves, a parking lot for the Lomax Recreation Fields, $29,367.50 to be appropriated from the Revenue Contingency. Second by Councilperson Graves. carried, 8 ayes and 1 nay. purchase a to be used the sum of Sharing The motion tract for Ayes: Councilpersons Malone, Matuszak, Graves, Pfeiffer, Gay, Skelton, Westergren and Mayor Cline Nays: Councilperson Longley 20. Council considered an appointment to the La Porte Area Emer- gency Ambulance Corps Board of Directors. A vacancy had been created by the resignation of Robert Boyd. After considera- tion in executive session a motion was made by Councilperson Gay to appoint Charlie G. Perry, 127 North Fourth Street, to fill the vacancy. Second by Councilperson Malone. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Malone, Longley, Matuszak, Graves, Pfeiffer, Gay, Skelton, Westergren and Mayor Cline Nays: None 21. City Attorney Askins read: A RESOLUTION,AUTHORIZING INDUSTRIAL REVENUE BONDS UNDER THE AUSPICES OF THE LA PORTE INDUSTRIAL DEVELOPMENT CORPORATION TO LA QUINTA MOTOR INN A motion was made by Councilperson Graves to approve and adopt Resolution No. 83-8 as read by the City Attorney. Second by Councilperson Skelton. The motion carried, 9 ayes and 0 nays. l Ayes: Councilpersons Malone, Longley, Matuszak, Graves, Pfeiffer, Gay, SkeltOn, Westergren and Mayor Cline Nays: None A~ ( ( ( '- e e .. :-:. Minutes, Regular Meeting, La Porte City Council April 6, 1983, Page 7 Emergency Addendum: Martha and Morris Rose and Sybil Fouche appeared before Council to discuss the removal of electrical service by Houston Lighting and Power Co. at the request of City personnel. After lengthy discussion, a motion was made by Councilperson Graves to adjourn into executive session on a personnel matter. Second by Councilperson Malone. The motion carried, 9 ayes and 0 nays. The Council adjourned into executive session at 9:04 P.M. The Council returned to the Council table at 11:10 P.M. City Manager Owen stated he and the City Council supported the actions taken by the Building Officials in the matter under discussion. 22. Administrative Reports: A date was set for the dedication of the Jennie Riley Civic Center - May 1, 1983. City Manager Owen and Director of Parks and Recreation Sherwood will work out details. Owen reported that HDR will be present to make a report on the solid waste study April 13 and the City of Seabrook City . Council will join us for the report. 23. Council Action: Councilperson Malone asked that the truck Ordinance be enforced on 26th Street. Councilperson Graves asked that a weekend and holiday recording be placed. on the City Hall telephone. Mayor Cline read Dr. Genie Suhr's resignation from the Planning and Zoning Commission. 24. There being no further business to be brought before the Council, the meeting was duly. adjourned at 12:10 P.M. Respectfully submitted: Betty T. l-laters Ci ty Secre tary A? e e ~:-'. ( Minutes, Regular Meeting, La Porte City Council April 6, 1983, Page 8 Passed and Approved this the 20th day of April, 1983 Virginia Cline, Mayor ( l Ai '0 DATE OF MEETING: AGENDA ITEM: ORIGINATED BY: PROJECT S1H1ARY: FISCAL SUMMARY: ACTION REQUIRED: ALTERNATIVES : RECOM1ENDATION: EXHmrrs : SUBMITI'ER.: e e ~=-.: ": ~ \.................. 6. CI'lY OF IA PORIE MEM>RANDUM April 5, 1983 19 H.P. Diesel Tractors w/Mowers Parks ~nd Recreation Approval of bid for two (2) 19 H.P. Diesel Tractors with mowers to replace five (5) year old Diesel Tractors with mowers Q See attached page Approval by City Council to accept low bid by Jim Ball International of Bay town, TX. " Reject all bids To accept low bid by Jim Ball International of Bay town, TX See attached Stan Sherwood, Director Parks & Recreation G/ e e ~::-J .... 'M: r2 - 19 H.P. im Ball . Gloger Conroe-For Lansdowne Alvin . . Internation I Tractor Eng. Co. In .. Die?.3el Tractors Kubota Moody . w/Mowers .- P10,793.68 . (2) 19 H.P. Diesel Tracto $9210.84 $11054.00 ~9296.04 $9190.00 -- I (2) Mowers $2109.50 $ 2047.50 ~2065.24 $ 2020.74 $1866.00 ._....__w -- Addendum -0- -0- 756.00 -0- 765.00 I .- Q Total Bid Price $11 , 320 . 34 $13,101.90 $12,117.98 $12,814.42 $11,816.00 --- Deliverv Time 10 Days 5-30 Days 1 Day 3-10 Days 10 Days -- .- -- ENOTES LOW BID -- -- --- -.--- --- ---- - -- -.---- .- -- . -~---- -- I I - -- ., -;. - -.-. --- ----- ---. --"-- "___A - t -- .-- __...L_____ ..----- ..------ ..-.---. -_. .--- ---,------ .'_-0. -- _._- ~ - . ----- 6:J- .._--- - I IIE 1. 2. 3. 4. 5. * D I( ~ TO: FROM: SUBJECT: tit e ~:......." CITY OF LA PORTE INTER-OFFICE MEMORANDUM MARCH 31, 1983 S. SHERWOOD - DIRECTOR OF PARKS AND RECREATION ::~ r;:j~9 H.P. DIESEL TRACTORS W/IlOIIERS Q Advertised sealed bids for the purchase of two (2) 19 H.P. Diesel tractors with mowers were opened, read, and tabulated at 4:00 P.M. March 28, 1983., The tractors will be used to replace two (2) 1978 Kubota B-6100E tractors' that are scheduled for auction April 16, 1983. Five bids were received and all units bid met specifications. Low bid meeting specifications was submitted by Jim Ball International in the amount of $11,320.34. A total of $18,800 is presently appropriated for the purchase of these units in the 1982-83 Motor Pool Budget. I hereby recommend accepting the low bid of $11,320.34 by Jim Ball Inter- national of BaytoWD, Texas. Should you have any questions concerning this recommendation please advise. cc: b. Herrera ., Attachment 8.3 e e _.~ ---- CITY OF lA PORTE MEM)RAJ.'IDUM DATE OF MEETING: April 20, 1983 A~~: No. 10.- Change Order #1 - Lomax Street Project ORIGINATED BY: Jerry Hodge ~CT S~Y: Add construction of Monument Road to McKey Construction Project. Add subgrade prepar~tion for Deaf Smith Road and Santa Anna Lane to McKey Construction project. FISCAL SlJMML\RY: Cost: Monument Road - $51,400 Deaf Smith & Santa Anna - $22,800 Source Funds: Funds budgeted for street improvements ACTION REQUIRED: Approve Change Order #1 '. ALTE'RNATIVE~ : Reject Change Order #1 and prepare subgrade of Deaf Smith and Santa Anna with City crews RECO~1MENDATION : Approve Change Order #1 EXHIBITS : Letter from H. Carlos Smith Memo from Jerry Hodge SUBl{rrrER : H I 1 e e ~- , H. CARLOS SMITH ENGINEERS AND SURVEYORS. INC, 71B SOUTH BROADWAY P. 0, BOX M LAPORTE, TEXAS 77571 8 April, 1983 PHONE A/C 713 471-4226 City of La Porte P.O. Box 1115 La Porte, Texas 77571 o Attn: Mr. Jerry Hodge Director of Public Works Re: Street Paving & Drainage Improvements Job No. 1565-82 Dear Jerry: In reply to your request, we have estimated the cost of the improvement of Monument Road, as per the specifications of the contract on the above referenced job with McKey Construction & Equipment, Inc. We estimate the cost, including engineering at $51,500.00. We would have to be authorized to prepare the plans as soon as possible to be able to add this to the contract. For the preperation of the subgrage and lime stabilization of the subgrade on Deaf Smith Road and Santa Anna Lane, we have been advised by McKey Construction that an additional $0.36 per square yard would be necessary for the preperation of the subgrade, with the unit price as bid for the lime ~stabilization of $1.92 per square yard to apply for this item. It is estimated that the costs would be: Deaf Smith Road Santa Anna Lane $ 15,200.00 7,600.00 The total for all three of these additions would be $74,300.00. based on estimated quantities. This is some what less than 20% of McKey's total bid of $405,610.73, and would be within the provisions of the contract. Please advise us as soon as possible if this is approved. and get us a letter of authorization so that we may prepare the plans as quickly as possible. Very truly yours. H. Carlos Smith - Engineers & Surveyors. 7/ ~t ~;:t/ H-'~J Inc. H. Carlos Smith. P.E. President I.' .~. .' e e ~=-:: ) CI'l1Y OF LA PORTE INTER-OFFICE MEMORANDUM TO: Public Works DATE: April 11, 1983 FROM: J SUBJECT: Improvement Project The City of La Porte has awarded the contract for street improvements in the Lomax area to McKey Construction"for the bid price of FOUR HUNDRED FIVE THOUSAND SIX HUNDRED TEN DOLLARS AND SEVENTY THREE CENTS ($405,610.73). Pre-bid estimates by H. Carlos Smith Engineers and Surveyors amounted to FIVE HUNDRED THOUSJL~D ($500,000). MObile/Pasadena Chemical Corporation, in joint venture with BWF Contractors, has proposed an experimental street project, using a by-product as base material, for two (2) additional streets in the area of the street project awarded to McKey Construction. The City is to prepare sub grade and apply paving surface. This would leave Monument Drive, a street located in the same subdivision, unpaved. Because budgeted amount for contract paving equaled the engineer's estimate, Monument Drive was left off the contract. The City requested H. Carlos Smith Engineers and Surveyors to estimate the cost of including Monument Drive in the project. Estimated cost, including engineering, is FIFTY ONE THOUSAND FIVE HUNDRED DOLLARS ($51,500), using unit prices bid by McKey Construction. The experimental project requires the City to furnish lime stabilization of subgrade. Because of rain and weather related delays, the Street Division is behind in planned street construction. The City requested H. Carlos Smith to contact McKey Construction regarding adding subgrade preparation of Deaf Smith and Santa Anna to the Lomax Paving Project. . ,Because the entire construction was not requested, McKey Construction advised that an additional THIRTY SIX CENTS ($0.36) per square yard of the unit price bid would be required. Estimated cost to prepared subgrade for Deaf Smith and Santa Anna wo~ld be TWENTY TWO THOUSAND EIGHT HUNDRED DOLLARS ($22,800). Total estimated cost to add Monument to the street construction project, along with subgrade preparation of Deaf Smith and Santa Anna would be SEVENTY FOUR THOUSAND THREE HUNDRED DOLLJL~S ($71;,300). This would be less than 20% of McKey's total bid of FOUR HUNDRED FIVE THOUSAND SIX HL~DRED TEN DOLLARS .~D SEVENTY THREE CENTS ($405,610.73), and would be within the provisions of the contract, and within the FIVE Hm~DRED THOUSAND DOLLARS ($500,000) budgeted for contract street improvement. H3 " e e ~::.-.:- ... Lomax Street Improvement Page Two April 11, 1983 I recommend that the necessary change orders be prepared to authorize McKey Construction Company to.pave Monument Drive, and to prepare subgrade on Deaf Smith and Santa Anna. All necessary permits required of MObile/Pasadena Chemical Corporation will be approved by the time McKey Construction finishes subgrade preparation. A letter of acceptance is being prepared by the City Attorney for the MObile/Pasadena Chemical Corporation's experimental project and should be ready for approval at the April 20th City Council meeting. If you sho~ld have any questions, please advise. JH/lw Hi- e e r-:::=--: CITY OF IA PORTE MEMJRANDUM ~TE OF MEETING: February 23, 1983 AGENDA ITEM: ORIGINATED BY: Public Works PROJECT SUMMARY: Proposal to construct street using gypsum by product as base material. Lime subgrade and two-course penetration to be furnished by City. Mobile will supply base material and labor to construct. Streets selected are unpaved at this time. FISCAL SUMMARY: Total Project Cost Less cost of base material and labor paid by others TOTAL COST TO CITY $150,623 100,000 $ 50,623 AcrION REQUIRED: Council approval of test and purchase of materials for subgrade and wearing surface. ALTERNATIVES: Reject proposal and pave conventionally with City funds. RECOMMENDATION: Accept proposal as submitted. EXHmrrs : Attached SUBMITI'ER : Jerry Hodge I-I e e ~=-:o .... . - '___0_- __ ..____._0___ ..___ ________________ ___.______...____. __. __ Mobil Chemical Company PHOSPHORUS DIVISION P.O. BOX 26683 RICHMOND. VIRGINIA 2326' TELEPHONE (804) 798-4291 CABLE ADDRESS: MOBIL CHEM-RICHMOND TWX (710) 958-4408 February 17, 1983 Mr. Jerry Hodge Director of Public Works P. O. Box 1115 LaPorte, TX 77571 Dear Mr. Hodge: In accordance with our discussion, we are pleased to present the enclosed proposal for experimental street cons~ruction to evaluate phosphogypsum produced by Pasadena Chemical Corporation, a wholly- owned subsidiary of Mobil Oil Corporation, as a potentially cost- effective base course material. As requested, 12 copies of this proposal are included for review by interested parties. We will be happy to meet with you further at your convenience. 1m Development Enclosures I:L e e -- ~ ......-- CITY OF LA PORTE INTER-OFFICE MEMORANDUM ,/'1 (k ...owen, :~ L. 0 e Director SUBJECT: j~;ps rc/ Mobile Oil DATE: February 18, 1983 TO: FROM: of Public Works for Street Contruction Hr. Richard Goertz with Mobile Oil contacted me about the possibility of an experimental Street Construction ?roject approximately four weeks ago. Durin~ our first meeting we discussed several projects that had been constructed usin~ the pllOSphogypsum as base material. Over the next two (2) weeks I looked at several projects using this material. After viewing the projects and lab test conducted by the Texas Transportation Institute. I have concl~aed that with ~roper controls the phosphogypsum material can be used for Street base. The req~irement for the streets to be 11sed in the project req~ired. sufficient len~nth to allow two (2) six hundred feet control sections constructed of crushed limestone. The streets that are to be used for the project meet all requirements. All.'construction on the project shall meet all of the City of La Porte construction specifications now existing. The Engineering Department will conduct all standard lab tests required on all construction projects at present. The Texas Transportation Institute will also monitor the project for three years conducting required lab tests for their research. Costs incured by the City are as follows: $36,025.00 100,000.00 14,598.00 13,100 square yards of 6% lime sub grade 12,165 square yards of phosphogypsum base 12,165 square yards of t'NO course asphalt paving 150,623.00 100,000.00 TotaJ. Cost of Project Less cost of base (all equipment labor & basecost paid by PCC/Mobile Oil) Cost .to City of La :Jorte $50,623.00 JLH/me I.3 . e ~~ ., CITY OF LA PORTE PHONE (713) 471.5020 . P. 0, Box 1115 . LA PORTE. TEXAS 77571 . . \ ~'Z-<~~'/~~C...../L"CL..-" ,,--.., c.--':-~i~i Mr. Richard J. Goertz Mgr., Business Development MOBIL CHEMICAL COMPANY P. O. Box 26683 Richmond, Virginia 23261 Dear Mr. Goertz: l' On February 23, 1983, Pasadena Chemical Corporation, a wholly owned subsidiary of Mobil Oil Corporation, submitted "A Proposal for Experimen tal Test Si tes Using Phosphogypsum Base II to the City of La Porte. Your firm's proposal has been reviewed by the City of La Porte staff, and has been recommended for approval by the staff, and has been approved by the City Council of the City of La Porte. Before proceeding with the experimental test sites, please file with this office, all necessary permi ts from all regulatory authorities having jurisdiction, evidencing their approval of this experiment. The Ci ty of La Porte appreciates your interest in this matter, and we look forward to working with you on these experimental test sites on City of La Porte streets, to explore the effectiveness of and cost savings through the use of phosphogypsum as a base course in city streets. Yours very truly, CITY OF LA PORTE By: Jack Owen, City Manager .I'-f .' ....... .g, e . ~TITION IN OPPOSITION TO STREET OPENING TO THE MEMBERS OF CITY COUNCIL - La Porte, Texas: We, the undersigned resident citizens of La Porte, Texas, hereby petition the La Porte City Council to vote to provide access streets other thanCollingswood Road and we hereby voice our opposition to the creation of an access route between Block 104 of Collingswood Road of Fairmont Park, Section II, and Block lOa:of Collingswood Drive, of Fairmont Park East, Section II, and as reasons for such opposition as follows: That the presently existing section of Collingswood Road and Valley Brook Drive is a quiet, residential area providing access and service to and for the residents of that area. That said area is densely housed with families with children who play in yards bordering closely on Collingswood Road and Valley Brook Drive. That the residential nature of the area is what attracted many df the residents in an effort to purchase homes on a quiet, residential street for their families. That to create a main connecting artery between Block 104 of Collingswood Road, Fairmont Park, Section II, and Block 108 of Collings- wood Drive, Fairmont Park East, Section II, would drastically change the nature of Collingswood Road and Valley Brook Drive into a heavily traveled street. That Collingswood Road and Valley Brook Drive and properties adjacent to it are not designed for such use as there was never any intention for such use. That the high volume of traffic would create an extremely hazardous and adverse situation for the residents of Collingswood Road and Valley Brook Drive thereby damaging the desirability of said area as a residential area and the values of the properties in the area. That access to Section II of Fairmont Park East could be more easily provided by the use of routes directly connecting the Section with West Main Street and Fairmont Parkway and the decision to not extend Collingswood for such purposes, would be in the best interest of the residents of the area and of the City of La Porte, Texas. WHEREFORE, the undersigned residents of Valley Brook Drive, La Porte, Harris County, Texas, petition the members ~f La Porte City Council to keep Collingswood Road in its present status. Respectfully submitted, Residents of Valley Brook Drive, La Porte, Harris County, Texas '"' e e ;102 Valley Brook Drive cY~~ ;10 Valley Brook Drive ~01A)~ ;20 Valley Brook ive 4;an&~ ~~4~ 331<<# ~ir. $<r .~4irt ;0 Val ey Brook Dr O<,~,~~ C'~ ;;10 Valley Brook Drive ~~~ .~ Valley Brook Drive 31,1/ . ~ B~""'~2Tl.J ;18 Valley Brook Drive fi~ ~ R~ ;;22 Val\1ey Brook Drive JI{iJ.~:-~ "Drive , .., - .... . . ~R~ ./ 3402 alley Brook Drive ,-/ 1), ~ 412: Brook Drive ~\:1l~~~0 (ViK A-AJ r J 3414 Valley Brook Drive !J10M.d .1 /liu~ '~ It./'r I D fA. d/..L' 1. <t- 3418 Valley Brook Dr~e -- " l' "-'II ~'f~p.~4 3422 Vall~y-~Driv .- ~ /7/M.p:-rh. ~ *'" ~/~L ":J:' ~~~ ..L'')(J - ~ ../" jf!.05 Valley Brook Drive ~ J~J~ 341 ~c/a (J ~ Z, Valley Brook Drive (V~i) 3421 Valley Brook Drive tJ:;7~ 3425 Valley Brook Drive . for 5'f I-e. e e The Honorable VIRGINIA KLINE ; Mayer, city of La Porte. J. J. LIDDELL 10311 Collingsw~od Rd. La Porte Tx. 77571 26 April 1983 '. Collingswood Road should not be a through street for the following Reasons I SECURITY would be enhanced for both sections without additional burdens for the city POLICE. RESIDENTS on Collingswood Rd. 'favor a clos~d street . Kr. GRAY, the developer also,in the interest of expedienc7,favors same. CONSTRUCTION costs to the developer are eliminated. MAINTAINENCE by the c1 ty will not be necessary. THROUGH TRAFFIC on Collingswood Road,(between Hillridge & Farrington)Is excessive NOW. Please get traffic count results. DUMP TRUCKS & TRACTOR TRAILERS use Collingswood as abby-pass,KOH . RECREATION FACILITIES border on the heaviest traveled streets in all of the Fairmont Park areas. (COU,INGSiYOOD ROAD & FARRINGTON BLVD. ) .1020 NEW HOMES would more than double the present EXCESSIVE traffic. 4 WAY STOP at the corner of Hillridge & COllingswood / Valley Brook .could discourage some THROUGH traffic. OlE WAY wnw would certainly help the now situation. Thank you for your consideration; I REJlAIN, a taxpayer ~~ J.J.LIDDELL ) e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM SUBJECT: DATE: April 18, 1983 TO: FROM: Director of Public Works r..Plant Demolition - Revised Memo The operations of the old La Porte Waste Water plant and the Fairmont Waste Water plant were discontinued when the flows were diverted to the new plant. The new plant is functional, and the two (2) old plants need to be demolished. Research of demolition costs indicate that ONE HUNDRED THOUSAND DOLLARS ($100,000) will be needed to demolish both plants. Funds are not budgeted for this work. It was estimated the Fairmont Parkway plant would run approximately $~5,000 to $50,0000, and the Fourth Street plant would run approximately $60,000 to $65,000. Residents of Fairmont Park were informed that the plant in Fairmont would be torn down after the new plant became operational. Rather than request funds for next years budget for this work, I recommend that we take this amount from the Public Works improvement contingency fund. If you should have any questions, please advise. JLH/lw cc: Steve Gillett o ~ ~ e e . ~ CITY OF LA PORTE INTER-OFFICE MEMORANDUM TO: Jack Owen - City Manager DATE: April 20, 1983 FROM: John Joerns - Engineering Dept. SUBJECT: Collingswood Drive As you requested I have collected the responses from the other department heads expressing their concerns regarding the petitlon to close Collingswood Drive between Fairmont Park and Fairmont Park East Section II. Police Department Chief Freeman is of the opinion that Collingswood should be open between Fairmont Park and East Fairmont to provide access for police and fire units without having to use either Spencer Highway or Fairmont Parkway. Fire Department The Fire Department is of the opinion that Collingswood should be left open for two reasons: (a) to prevent fire apparatus and Volunteer Firefighters in their personal vehicles responding to fires from ~aving access only from West Main and Fairmont Parkway, which are both heavily traveled thoroughfares (b) if Collingswood were closed, fire hydrants in the 10400 block would not be available for use on a major fire in Fairmont East or vice versa. Pub~ic Works Public Works is of the opinion that Collingswood should be open between Fairmont Park and Fairmont Park East for two reasons: (a) route optimization for the Solid Waste Department (b) meter reading Further Discussion Collingswood Street itself has been pfatted as a thru street in order to provide internal circulation and reasonable access to all points in the Fairmont Park neighborhoods. The concerns listed above; circulation of emergency vehicles, City service vehicles, as well as access to the City's 5.4 acre park and community center are valid and are an integral part of providing reasonable access to all residents. .. e . . The entire layout of the Master plat for Fainmont Park tracks closely the average spacing for residential collector streets within a neighborhood. Of course, specific "traffic generators" in a given area (i.e. schools, parks, shopping centers, etc.) should also be given due consideration when laying out' and approving subdivision plats. Failure to consider these can create problems such as the City of La Porte experienced with the recent opening of Jennie Reid Elementary School on Fairmont Parkway. There may be cause for concern relating to the proposed opening of the new elementary school on Farrington Boulevard. The addition of specific origin-destination traffic in this area could possibly direct more vehicular traffic to an area than normally expected. This particular concern, if justified, would be separate from the Collingswood situa.tion and would require further study and information (school age group, population, etc.). o me. If you desire any further information, please do not hesitate to contact firn. JJ/sc cc: Joe Sease Chief Freeman Jerry Hodge ...--.... .r--"\ ,I . ., /- /3b / 1("/ ~'-.' .', r" ,I (ltf'".- ('. rvJ.//" .I 4fY'/ ;11 ,joy'! c4~ ~ / JdM iu ~7' ^ , \ ." e z >-_ O 0( r- J J ~ (/)o( ll:r-", ~... ~ ~ ~ .J I- IL.~ 0 ~ 0( "".C :.. .J~ ~~~ .J Z :I: III _ -~ ~ ~ 1- !! o - II: r- I- 0(0- I- ..., IL aio(~o( . r- .... ., . -- . .;T .. . . e I ! , , ~. -- e I,. . I ,J . .~ J. B. WILLIAMSON ATTORNEY AT LAW 712 FAIRMONT- PARKWAY LA PORTE. TEXAS 77571 (713) 471-0744 e .' e PETITION IN OPPOSITION TO STREET OPENING TO THE MEMBERS OF CITY COUNCIL - La Porte, Texas: We, the undersigned resident citizens of La Porte, Texas, hereby petition the La Porte City Council to vote to provide access streets other than Collingswood Road and we hereby voice our opposition to the creation of an access route between Block 104 of Collingswood Road of Fairmont Park, Section II, and Block 108 of Collingswood Drive, of Fairmont Park East, Section II, and as reasons for such opposition as follows: That the presently existing section of Collingswood Road is a quiet, residential area providing access and service to and for the residents of that area. That said area is densely housed with families with children who play in yards bordering closely on Collingswood Road. That the residential nature of the area is what attracted many of the residents in an effort to purchase homes on a quiet, residential street for their families. That to create a main connecting artery between Block 104 of Collingswood Road, Fairmont Park, Section II, and Block 108 of Collings- wood Drive, Fairmont Park East, Section II, would drastically change the nature of Collingswood Road into a heavily traveled street. That Collingswood Road and properties adjacent to it are not designed for such use as there was never any intention for such use. That the high volume pf traffic would create an extremely hazardous and adverse situation for the residents of Collingswood Road thereby damaging the desirability of said area as a residential area and the values of the properties in the area. That access to Section II of Fairmont Park East could be more easily provided by the use of routes directly connecting the Section with West Main Street and Fairmont Parkway and the decision to not extend Collingswood for such purposes, would be in the best interest of the residents of the area and of the City of La Porte, Texas. WHEREFORE, the undersigned residents of Collingswood Road, La Porte, Harris County, Texas, petition the members of La Porte City Council to keep Collingswood Road in its present status. Respectfully submitted, Residents of Collingswood Road, La Porte, Harris County, TEXAS e <' e CJ~W,~~. p~ Clyd L. illips, 10402 lingswood Collingswood Collingswood ~~ c /Izd(~. , . nden C. Hall, Jr., 10422 Collingswood L. . ~ {.1~. .,~ . , Terry E. Sharit, 10438 Collingswood (rent House) ,~, o. lingswood J. W. Thompson, 10446 Collingswood ~ Andrew J. Feagi 10450 ~ ~~ ~~ "'. . ~ll~ A. 8m th~ 104.54 Collingswood /fh.". tJ?~ 1(. 1JJ1~ ~ Robert K. McCarty, 10 9 Collingswood ~(2~ F. R. Eader, 10451 Collingswood e .f e - ~I OOd~ ~.L d,<',-W~.t-A )L.-,~ Ann Edwards, 10 5 Coll~ngswood ~-J(j}I._~A/ CO lingswood V'-- ~uL, yj. Paul H. FeIgner Ton Collingswood ~ ~'J {?'7J!'. ':OuA'J';f~ D. F. Latimer, Jr., 10411 Collingswood (rent house) '-e ~ Ge~~g, M anie, 10403 Collingswooq , ..- /-. bc;.....---~ . I _ / ..-c:..,,"~ ..... / '- /' ~.- '.! L~- "L- . ....,. . .' //( ~__. iRt7?t.Ct;. .<-.) . ~9h~ Tomerl~n, 10303 Coll~ngswood ~,' i ( iJ.w..J!i.... Lowell R. J~ J. Liddel, 311 0 k~J? ~~ Velma E. DeBusk, 10315 Collingswood ~ <4"':) c.,:? '~~/G . .--'. ~ ~ .' ;.:..11. ~1Y?'7I..:J . . _ _ -'~ .~ Raymon E. Smi t'h,--1031.9 Collingswood J-f)~ ~ Hamilton, 10307 Collingswood -- ~ - '\ ':,: I-- __I ' L .,,. I.,U ('/~ C. F. Weiis, 10323 Collingswood e .' e . ~ vrZ ~ / ;,}44, LouiS A. . eLuca, 10327 ..-? /.7 ,'~. 'L:;;;:~. . Willia~ J.~White, 10331 Collingswood ~~-?1<" ~. ~r- Thomas E. Holt, 10335'Collingswood ~.~~a~o David Z,1cNei , 10347 Col:tingswood JY1 V . ~A~II~~tn ~ ~i~~4J Paul L. Gor ner, 10 Colli gswood e . ORDINANCE NO. AN ORDINANCE AMENDING ARTICLE II, SECTION 2-19, OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTEi BRINGING SAID CODE SECTION INTO CONFORMITY WITH ARTICLE II, SECTION 2.09(d), OF THE HOME RULE CHARTER, BY PROVIDING THAT MEMBERS OF THE PLANNING AND ZONING COMMISSION SHALL BE APPOINTED BY THE CITY COUNCIL; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Article II, Section 2-19, of the Code of Ordi- nances of the City of La Porte is hereby amended to read as follows, to-wit: "Sec. 2-19. Appointment of members by City Council; qualifications; terms. "The members of the Planning and Zoning Commission shall be appointed by the City Council. "Members of the Planning and Zoning Commission shall be resident electors of the City of La Porte at the time of their appoint- ment, and continuously during their terms of office. A District member of Planning and Zoning Commission shall be a resident of his District at the time of his appointment and continuously during his term of office. "The Planning and Zoning Commission shall consist of a member from each of the six (6) Council Districts, and an At Large member for a total of seven (7) members. The term of the six (6) members from the six (6) Council Districts shall coincide with the term of office of the Councilperson for said District. The term of office for the At Large member shall coincide with the term of office of the Mayor of the City of La Porte. The members of the Planning and Zoning Commission shall elect a Chairman from among their members. "The term of each member shall terminate on April thirtieth of the year in which the term expires, or when his successor has been appointed and qualified." Section 2. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council . . Ordinance No. , Page 2. to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 3. This Ordinance shall take effect and be in force from and after its passage and approval. Section 4. 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 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. PASSED AND APPROVED this the 4th day of May, 1983. CITY OF LA PORTE By Virginia Cline, Mayor ATTEST: City Secretary APPROVED: ~ C1ty Attorney . . . .- >;lo. _\, e . THE STATE OF TEXAS S S COUNTY OF HARRIS S KNOW ALL MEN BY THESE PRESENTS: This Agreement of Lease, made the 1st day of October, 1978, by and between the CITY OF LA PORTE, a municipal cor- por,ation, .Harris County, Texas, hereinafter. called LESSOR~ and FAIRMONT PARK WEST COMMUNITY IMPROVEMENT ASSOCIATION, INC., a-Texas non-profit corporation having its principal office in Harris County, Texas, hereinafter. called LESSEE, WIT N E SSE T H: That the Parties hereto, for and" in consideration of the premises, and the rents, covenants and agreements contained herein, agree as follows: I. LESSOR hereby leases and rents to LESSEE, the following described t,ract of land, hereinafter referred to simply as "park," and being more particularly described as follows, to-wit: That certain lot, tract, or parcel of land, known as "Reserve IAli" containing 1.162 acres, more or less, as shown on the Plat of Section Three (3'), _ FAIRMONT PARK WEST, as recorded in Volume 270, Page 63, of the Map Records of Harris County, Texas, refer- ence to which is here made for all purposes. II. The term of this lease is for a period beginning on the 1st day of October, 1978, and ending on the 30t~ day of September, 2018. . Upon the expiration date of this lease, no notice to quit possession shall be necessary, and LESSEE covenants to peaceably surrender possession of the premises to LESSOR on that date. III. As rent for the use and occupancy of the 1easeft premises, LESSEE hereby agrees, binds and obligates itself to pay unto LESSOR the tota~ sum of Forty Dollars ($40.00), in advance upon t:he execution hereof, representing an annual rental of One Dollar ($1.00), payable in advance for the entire lease ter.m. ~ , . e e '". -2- IV. LESSEE shall not have the right to sel+ or assign this lease, or to sublet the leased premises, or any part thereof. V. This lease is entered into pursuant to the authority of City of La Porte Ordinance No. 70S-I, passed and approved by the City Commission of the City of La Porte on the 20th day of September, 1978. LESSEE certifies that it is a duly qualified homeowner's association, which meets the minimum standards promulgated by the United States Department of Housing and Urban Develop- ment, for qualification for FHA and/or VA loans; and that it has been incorporated as a Texas non-profit corporation. LESSOR leases the demised premises to LESSEE, for operation by LESSEE as a park and recreation area, for the recreation of residents and tQeir gues~s of Sections Two (2), Three (3), Four (4), and future Section Five (5), all in Fairmont Park West, all being subdivisions in the W. M. Jones Survey, A-482, Harris County, Texas, according to the respect- ive maps or plats thereof which have been filed, or which hereafter may be filed, in the office of the County Clerk of Harris County, Texas, reference to which is here made for all purposes. Section Two (2) has One Hundred Seventy-two (172) build- ing sites; Section.Three (3) has Two Hundred Twenty-five (225) building sites; Section Four (4) has Two Hundred Twenty-two (222) building sites; and Section Five (5) will, when developed, have approximately One Hundred Fifty-three (153) building sites. VI. LESSEE shall not place or suffer any Deed of Trust, Mortgage, Mechanic's, or any other type of lien, on the . , demised premises, or upon the permanent 1mprovements thereon erected, and any person, firm or corporation making any loans .~. . \ . e e -3- or advances to LESSEE, for such improvements, shall look solely to the revenues of LESSEE for the retirement of any such indebtedness by LESSEE. VII. LESSOR reserves the 'right, from. time to time., ac.ting by and through its City Commission, to establish minimum standards for the type and quality of facilities"to'be erected by LESSEE on the demised premises, ~nd for the maintenance thereof, and for the staffing of such facilities; providing minimum ratios of off street parking, based upon the amount of acreage in the demised premises; and such other matters regarding the .heal th, welf~re, and. safety, .of .the persons utilizing such facilities as the City Commission in its discretion may from time to time promulgate. Nothing contained in this lease shall be construed as a restriction upon the power of the City' Commission ~f the City of La'Porte, from time to time to promulgate, by Ordinance, such reason- able rules and regulations concerning the maintenance, oper- ation, health, safety and welfare of the park facility herein demised, and of the persons utilizing the same. VIII. Ordinance No. 70S-I of the City of La"porte, together with. Exhibit "A" attached thereto, containing the current minimum standards of the United States Department of Housing and Urban Development, for homeowner's associations, are hereby incorporated by reference in this lease, and made a part hereof for all purposes. IX. LESSEE shall be obligated to maintain its leased premises in a good state of repair and neat appearance, and keep the grass mowed at all times. LESSEE shall provide adequate refuse containers on the demised premises, and regularly deposit the contents of same into ..such refuse..con- tainers as may be required by the LESSOR, from time to time, . . e e .1',,; -4- or by such independent contractor as may serve the area, if the general area in which the demised premises is located is not p:l:'ovided refuse collection service by LESSOR. LESSEE shall provide necessary permanent sanitary facilities, telephone, and other services that may be required to protect the health, welfar.e and safety of LESSEE'S patrons. x. LESSEE agrees to obtain and maintain at its sole cost and expense, public liability insurance and property damage insurance on the leased premises to protect LESSOR and LESSEE against all loss or oamage from the claims of all persons who may b,e in or on these. premises by the invitation, consent or sufferance of LESSEE~ Such public liability insurance shall have minimum bodily injury limits. of One Hundred Thousand Dollars ($100,000) for each person and Three Hundred Thousand Dollars. ($300~000) for each. accident, and property damage limits of One Hundred Thousand .Dollars ($100,000) for each accident with respect to any accident occurring on the leased premises. LESSEE shall furnish LESSOR ~ertificates of all insurance coverage. XI. . . LESSEE shall use due care and diligence in all activi- ties and operations on the premises, and will indemnify and save harmless from any liabilities, loss, costs or other expense of any nature. LESSEE shall give LESSQR immediate notice of any matter covered hereby and shall forward to LESSEE every demand, notice, summons or other process received in any claim or legal proceeding covered hereby. XII. .In case of bankruptcy or insolvency on the part of LESSEE, or in case of any receiver be~ng appointed to take charge of the property, or any portion of the property of LESSEE, in or upon the premises hereby leas~d, then and in .... . . .~I: '.' e e -5- such event the LESSOR may, at its option, declare this lease to be terminated or forfeited by the LESSEE; and LESSOR shall be entitled in such event to the immediate possession of such premises and no receiver, trustee in bankruptcy, or assigns for the benefit of creditors shall acquire in any such case any of t~e rights of the LESSEE hereunder; the landlord's lien, hqwever, in such .event, shall not cease and the liability of the LESSEE for the damages on account of breach of any obligation to be perfprmed by the LESSEE under the terms of this lease shall continue and remain in full force and effect. XIII. Failure on the part of the LESSEE to perform any of the terms, agreements, cqnditions and covenants imposed by this lease shall, at the option of the. LESSOR, cancel the lease and all rights of LESSEE shall be thereupon terminated and all buildings and permanent, improvements placed on saffid Park by LESSEE shall become the property of the LESSOR; provided, however, LESSEE shall have sixty (60) days written notice from LESSOR in which to correct any defa~lt before cancel- lation. In the event ~hat L~SSEE .fails to correct any such . default during such sixty (60) day period, LESSOR, its agents or at"torneys, shall have the right to re-enter and remove all . , persons therefrom without being deemed guilty of any manner of trespass and'without prejudice to any remedies for arrears of rent or breach of covenant, or LESSOR, its agents or attorneys, may resume possession of the premises and re-Iet the same for the remainder of the term for the best rental it may obtain, for account of LESSEE, which shall make good any deficiency. The .failure of the LESSOR to insist in any one or more.instances upon performance of any of the terms or conditions of this lease shall not be construed as a waiver or relinquishment of the future performance of any such term or condition. . ' '1; . eo I . . -6- XIV. Upon the termination of this lease, it is understood and agreed between the parties that any permanent improvements erected on the leased premises by LESSEE shall be the property of LESSOR. xv. LESSOR covenants that LESSOR has good right and lawful authority to execute this Lease, that throughout the term hereof LESSEE shall have, hold and enjoy peaceful and un inter- rupted possession of all of the premises hereby leased and grante~, sub~ect al~ays to the performance of the covenants, as herein provided to be paid and performed by LESSEE. XVI. Notices provided for in this Lease shall be sufficient if sent by registered mail, postage prepaid, addressed, if to LESSOR, to the City of La ?~rte, 604 W. Fairmont Parkway, Attention: Mayor, La Porte, Texas; and, if to LESSEE, to its registered agent, Eddie V. Gray, 707 Memorial Drive, Bay town , Texas 77520, or to such other ~espective addresses as the Parties hereto ~ay de~igna~e in writing from time to time. XVII. Nothing in this Lease contained shall be construed as requiring LESSEE to allow the use of the demised premises by persons other than the lawful residents of the said Sections Two (2), Three (3), Four (4), and Five (5), Fairmont Park West Subdivisions, Harris County, Texas, and their invitees. However, members of the Association and their invitees shall be entitled to use of such facility on a non-discriminatory basis, subject to the reasonable rules and regulations of LESSEE. XVIII. All references herein contained to LESSOR and to LESSEE, shall be deemed to include the successors, assigns, and legal representatives of each. "t~ .. . . . .' . . . tit tit -7- IN WITNESS WHEREOF, the Parties hereto have hereunto signed and sealed this instrument in several duplicate originals, this the 1st day of October, 1978. (LESSOR) ATTEs'r: ~A~<;'~J City Cl k FAIRMONT PARK WEST COMMUNITY IMPROVEMENT ASSOCIATION, INC. (LESSEE) BY~LI.~ fJ~. Eddie V. Gray: ;....,...~ ~ lInt . . << THE S'l'ATE OF TEXAS S S COUNTY OF HARRIS S BEFORE ME, the undersigned authority, on this day person- ally appeared J. J. MEZA, known to ~e to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consider- ation therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 19 day of October , A.D. 1978. ~ t. (t~4~~~ . Notary Pu c ~n and for Harris County, Texas . . . 'C . " -",,':. ~ \ . . . " . , . e e -8- THE STATE OF TEXAS S S COUNTY OF HARRIS S BEFORE ME, the undersigned authority, on this day person- ally appeared EDDIE V. GRAY, known to me to be the person whose name is subscribed to the for~goi~g instrument, and acknowledged to me that he executed the same for the purposes and consider- ation therein expressed, and in. the .capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 19 day of October , A.D. 197.8. J3A/LL?~ ~ . Notary Pub ~c ~n~and=f~r Harris County, ~exas ".,-'OW04 - I '" ..' " -... .&. .&. '- U I U I U '1_'" . i I ~-,.......-- . -. . 'I ' =--.-= -- llIarUa SIAUDaerF Ca.. DalJ..= " ; ~I i , . . _____f.8..D D-if-I-./----&-- ~. , . ..iI :':;:!.v..aUlANl~ DEED-. W..i.h .Sin..l.. .nd ~"iua ..."...'...........m......""_ .. .'~ 1'IIE Sl'ATE OF TEXAS, } COUNTY OF HARRIS I08-94~2S3 KNOV{ ALL MEN BY THESE PRESENTS: That FAIRMONT PARK, JOINT VENTURE, acting herein by and through EDDIE V. GRAY, Trustee, and G. DECKER McKIM, Trustee, both of Harris County, Texas, ~~K~ -~~tt . for and in consideration'of the BuDfpf' TEN-AND NO/lOO ($10.00)------------------------------------- to- -----~--------------------------------7----------------------DOLLARS (i9ash~'-'and other good and valuable cons~derations, · to~ P'" 1'-> p. i 1:- in hand paid by ~ .J .' - CITY OF LA PORTE, a municipal corporation, - 1-- C' .~ have Granted, Sold and Conveyed, and lby these presents do Grant, Sell and Convey unto the said 'CIT~ OF LA PORTE, . of the County of Harris, . State of . Texas, . all that certain lot, tract or parcel of land lying and being situated in the Cou~ty of Harris, State of Texas, described as follows, to-wit: i That certain lot, tract, or parcel of land, known as "Reserve 'A',J J ! containing 1.162 acres, more or less, as shown on the Plat of n '. Section Three (3), FAIRMONT PARK WEST, as recorded in Volume 270 "..............ll ! Page 63; of the Map Records of Harris' County, Texas, reference Ii to which is here made for all purposes. RECORDER'S MEMORANDUM ALL BLACKOUTS, ADDITIONS AND CHANGES WERE PRESENT AT THE TIME THE INSTRUMENT WAS FILED AND RECORDED. TO HAVE AND TO HOLD the above described pre.mises, togeth~r with all and singular, the rights and appurtenances thereto in anywise. belonging unto the said CITY OF LA PORTE, its successors jj.~and assigns forever; and successors and assigns, j)xix~x:xmxdmxJQJut:mimi..~,- to Warrant and Forever Defend &11 and singular the said premises it es do'hereby bind itself, its unto the said CITY OF LA PORTE, ~ts successors and assigns, ll~AC&~~~~ against every person .whomsoever lawfully claiming, or to claim the same or any part thereof. Witness its hand Xit this 2nd day of OCTOBER, FAIRMON PARK, Vllitncsses at Request of Grantor: B ~---.__.---~ - " __-.c". I -_.--.~_..- ..-:-- . __.. ...__.___ _.._._.......___ - ___ ..' _._.. .__..__.____.__.______..____.._____ ...- ..-.r--.------.--.-"':'""':""'o.:___... -':'- t. r . - A .. ~ ,,~ .' . e ACI{NOWLEDGMENT 108-94-0254 ~:~~T~~: T~A~.~I~,~,~~~~...........,.} in nnd for ~nid Co~n~y. Texas. on this day pCl'sonnlly npPl!ared.. BEFORE MJ~. lhe undersiJ:ned :Julhllrity. ,~p..R.!~,...y.,!, ...g,MX.I....................................,...,."." ,.........,:.... '. .e.,. .... "L. . ............. 0'.1,. J. ..... ~......;................................... ..... ..................... .................................................................................................... .................. . .. ......, FOIl o. .,,:o,:.~..... . . ,I :.:;.......;.:....:..,.......-:. ~..... .......... ........ '0. _,.... ._ _. .... . ..... .., ...... ._.... ...... ................................. "0 _0 ...0.0 . ....... .')riown.to m~.tO'-be fbe person.. . whose name is subscribl!d to the CorcJ:'oinJ: instrument. nnd ncknowledJ:ed to me that .. I .... . . /sta~':....e~~c~lM~~he S:JnlC Cor the purposes :lIId cOJlsidl!r:Jlion thercin e~)I'cssed" and in ~city therein . ~\ . /-,:t1~~Nnn. MY HAND AND SEAL OF OFFICE, Thi. S -.'. /1. ~.y~~:..~::::::.:::.:_~:~~'..~:.~:: '. ;~.", l/ \' ~ .... .... " .:. N ,. P bl' ~~ris . " ". . .: ot.llY u IC..... .......... .. .. ........ .... .,.. County. TexllB ~- :......' . .... .,. 19 jO.?d ( .,'.. . ]\ly CommiSSion Expires __.. ., :r.:1:....._..../... ...~..........m......_......._._._ ',.,..,..' '. ,..' ACKNOWLEDGMENT ~::T~~~~~~~:R:~S~.~~~~...........J' BEFORE ME. the undersigned authority, in and for said~~oJnty.~ Texas, on this day personally appeared .......G,!t..J~l?;~.KE.R..McKIM..,._...._.........,.....................m........,.. ou ~. :.~.:~; ~:.-;r. ;~ :.~t.~'..:, ,:~-~.~:;...'.. ......... .....-,.. .,...,......, .................-,...,,'O"...,. ,.. ........._m.......... ,. ,....... .__m....' .....,...................... ............ -...... -...,.-.........- 0'."0. I f.~" '''.-, ..~. . . -: ...:..:;.~ 'Oo'!.:.::.' -. ;::';e'..:~-:.:~:~-:;...""...."."".".."'.."...' .............. ....u.:.........~.......u.............................................. ..... ..._............................................. .0 .........-..-.:... ... ..-.... -..- ~n'o~ r~f~'~.~~ \1J~eerson........whose name.......J.s.......~ubsc~ibed to t~e fOl'cgoing instrumen~. and acknowl~dg~d to. me that. : "C,~:..- ....Execut~~ tllj! same for the purposes and consideration therem expressed., and ~ the capac~ty therem . Sl.:dted.. ' .n eA ~ .' ;~ ,',~!.vEN U~~R MY HAND AND SEAL OF OFFICE. This ..:r-..-:.... ... day of.. ...' . . n ...,....... ...... A.D. 19.1.8.... " ~.~<:.:~! (~:~.j'~~::'). . .. .. .. ....... ...:..~... ....;.....'........-.............---......-..--..--...- /"r. ...-;.,.....;.{.). ." Notary Pubhc. ...............Har.r~s........................County. Texas ..,. .:;C;- II is. ,........ My Commission Expires __._. ~"~J_~~.__I....9.._~(l._.___..._ ... ..:..',,~,.. .' CORPORATION ACKNOWLEDGMENT } BEFORE ME. the undersigned authority, J~~T~~~~~_ OF /fEXAS, in and for said County. Texas. on this day personally appeared- ________. _______ _known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that th, same was the act of the said -...--------- a corporation. and that he executed the same as the act 'of such corporation for' the purposes and consideration therei~ expressed. and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE. This day of , A.D. 19_ (LS.) Notary Public:.. County. Texas My Commission Exnires __.__.______..._.__._______._..___._________..._ I.. ......... ._____.___.. ..._._... ..._._.__....___.. .._________m. ... . . IITAn or TEXAS I Clerk of the County Court of said County. do hereby certify t COUNTY OF HAARIS { _.............._..... day of..__.__..._..._....._........_.____._____.___.__...___... A. D. 19... I herobJ' cen", .".. .hl. In.lrumon. w.. nLED I. File Numbor Sequence on '''0 d.lo end e' Iho '1m. .I.m.... record in my office on the.._....._....._____.day of....._..._.__..._.....____.............., ".reon.., mo: end w.. dul, R[COAOtD. 'n 'ho Olllc"l Public Record. 01 Aeel PropertJ' of He"l. Counl,. ,.... 0.' recorded thi8........._._____...day of_..._._._........._......,.,............._:..............______ _..... .,.____.____..__._._......__.....____._....._______.___._______._..__...__.__...._______....Record s of . r~..n.y e r , e OCT . 6 1978 WITNESS 1\IY HAND AND SEAL OF THE COUNTY com .............._...__....___._...._____...._______________.______...____.... the day and yea c::c r-- ..(... lo Q lLJ --.J - l&.. 1;1) <[ ~ .-(~ ~~ ClO (I.. ih ~~ III J~d~ >- .:> !: <.1 -. c..' c.a ~2~ r vI!: -:I: <C ... - :!:t'!l 01 8! z: ~j 81 z! H: 01 :a l"Ji ~ rjl <I Pt! E-ti zl 01 ~j H: <I ~! .... I I ! i ! ! d :z: o t.tJ t.tJ o ~ z <I: a: ~ ~ fA(~' COUNTY CLERK. . HARRIS COUN TV. TEXAS COUI By. '. 0 ... Q rz1 .( ~ Q 0 JlI: 0 Pt u , ~ Ca1 JlI: 0 JlI: I E4 0 I'z.t roo 0 Q )of Ca1 ~ ~ ...:a ... 8 8 &': .. H ! :a u 0 I I i i I i l. .. ! . d ~ E4 c3 Q .( ::. ~ =' Co ~ Q .. . "'a .. o ~ ~ l: t:: ::I o U .t:: - i >.. W - d :a .. E .5 "'a ... C .. ..z-d U -at u u r.. ~ :: ~ .. =e o u u ~ ~~ ~ ~ ~~ j ~ 1\ 8 '\ ~ ~ r:""~ ~ .~ ~ ~ \)\ '\ " 1O~ ~ """ ~ :II ~~ ~ ~ ' ~ .~ IY) , ,,\).., C) ~ .x .. u C >. - a ::I ~ ::. .- =' :~ :u 'Q o ... Q Ca1 ~ o u t! =. ~ r ~ u G b' .~ lREBiA5RiVil. 4S 469 p'<?LY' flAK...lSQ SETS)..4P 469 SBlD PARTS I AND 3 WITH CARBON INTACT.- PART 3 WILL BE RETURNED WITH REPLY, DATE SIGNED SIGNED TO - ( J4c.L. OLUeJ SUBJECT l="a. AT DA -1 q "~.3 ,"~t"'~~;~~~"" fRE5iFBRMl. 4S 469 POLY PAK (.50 SETS) 4P 469 DATE SIGNED '1:~~{~~~ ,1~#f::~-r.:,~~~:~~.!~~' SEND PARTS 1 AND 3 WITH CARBON INTACT,- PART 3 WILL BE RETURNED WITH REPLY, ".;~~, .;;~t: t~~~ it~",~iN\', ~ ./ ,{, l: ...... 1 e ! e .. , ~ ~ J :0 . , I .1 AGENDA " t / '\~.A WORKSHOP" MEETING OF THE LA PORTE CITY COUNCIL TO BE HELD APRIL 27, 1983, IN THE COUNCIL CHAMBERS OF THE LA PORTE CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, BEGINNING AT 6:00 P.M. 1. CALL TO ORDER 2. LOU LAWLER AND J. L. DUHON - RECOMMENDATIONS FOR CLEAN UP- . GREEN UP A,-(, 3. 13 I 4. e1-3 5. :P /- ~ 6. DISCUSS CLOSING OF COLLINGSWOOD ROAD DISCUSS DEMOLITION OF WASTE WATER PLANTS DISCUSS DECLARING AN EMERGENCY FOR APPROPRIATION OF ADDI- TIONAL FUNDS FOR REPAIR OF WATER WELL #5 DISCUSS PLANNING AND ZONING TERMS OF APPOINTMENT npHASE-INn COMPLETION AND APPOINTMENT ORDINANCE (TABLED FROM JANUARY .21, 1983, WORKSHOP) E 1-:1- 7. FJ -.;J,I 8. DISCUSS DELIVERY DATE FOR SUTPHEN AERIAL TOWER DISCUSS LEASE AGREEMENT FOR FAIRMONT PARK EAST, SECTION TWO, FOR SWIMMING POOL AND BATH HOUSE FACILITY . 9 . ADJOURNMENT e e PETITION IN OPPOSITION TO STREET OPENING TO THE MEMBERS OF CITY COUNCIL - La Porte, Texas: We, the undersigned resident citizens of La Porte, Texas, hereby petition the La Porte City Council to vote to provide access streets other than Collingswood Road and we hereby voice our opposition to the creation of an access route between Block 104 of Collingswood Road of Fairmont Park, Section II, and Block 108 of Collingswood Drive, of Fairmont Park East, Section II, and as reasons for such opposition as follows: That the presently existing section of Collingswood Road is a quiet, residential area providing access and service to and for the residents of that area. That said area is densely housed with families with children who play in yards bordering closely on Collingswood Road. That the residential" nature of the area is what attracted many of the residents in an effort to purchase homes on a quiet, residential street for their families. That to create a main connecting artery between Block 104 of Collingswood. Road, Fairmont Park, Section II, and Block 108 of Collings- wood Drive, .Fairmont Park East, Section II, would drastically change the nature of Collingswood Road into a heavily traveled street. That Collingswood Road and properties adjacent to it are not designed for such use as there was never any intention for such use. That the high volume Of traffic would create an extremely hazardous and adverse situation for the residents of Collingswood Road thereby damaging the desirability of said area as a residential area and the values of the properties in the area. That access to Section II of Fairmont Park East could be more easily provided by the use of routes directly connecting the Section with West Main Street and Fairmont Parkway and the decision to not extend Collingswood for such purposes, would be in the best interest of the residents of the area and of the Gity of La Porte, Texas. WHEREFORE, the undersigned residents of Collingswood Road, La Porte, Harris County, Texas, petition the members of La Porte City Council to keep Collingswood Road in its present status. Respectfully submitted, Residents of Collingswood Road, La Porte, Harris County, TEXAS ~6 ~ J e lingswood J. ,,' Samuel L. Moore, Jr., 10410 ~{ - t~'./i.// ~ / , 1t/1- it. !Ji{ '//.'>( f j I' "= R imi ILl e-drick, 10414 Collingswood Collingswood ~..,L c /kdl(h. , nden C. HaIl, Jr., 10422 Collingswood od Jl R. H. Collingswood . W f. '1~- /.- Terry E. Sharit, 10438 Collingswood (rent House) lingswood J. W. Thompson, 10446 Collingswood Feagi 10450 1I'4A: ~ ~- ill am A. Sm th'; 10454 Collingswood ~ ~'7?"n'~~ . Harri~~ ;;., "10458 Collings\olOod (rent house) ?h...(jfJd?( 1J(~~ Robert K. MCCarty, 10 9 Collingswood I~.n ~ Or ~L(~ ""~,.. .~()l{ ~'-1L A.. J ~'J - . ~t1. { Robert K. MCCarty, 10455 Co lingswood ~a~ F. R. Eader, 10451 COllingswood 1r:J- e .. r I .~"'lt.'. ;," ....r .",. .. e e ~~.6~ Da id J. B'yd, lU 9 Collingswood 3 C01~ 1t:3 ~ -' ~/{<{HJA~~.h. )~.I~ Ann Edwards, 104 5 Coll~ngswood (/ I" ~ / . : v J 7 " ~~. %.. . 4-/ 4L~~~J: (j~r?'.P/!'/ Paul H. FeIgner 10431 Co~lingswood V v// J net Niederhofer, 427 Collingswood '2eJ. Q, eI~ ~,e'7:i I~A J2cLC</LO . . William A. Sodaro, 10423 COllingswood ~:..'C~ T~C. R1g ,10419 Co11ingswood ?:/~~~~-L , Ed ~. Matu zak, 415 Co ing wood ~ "_~I ".....-;) ~ ' ,.<J;U;/;.J.. .:;I{(b..(/ D. F. Latimer, Jr., 10411 Collingswood (rent hOuse) ,.. , . John J. Liddel, 311 '7 '/' J Y r) ;: P<:'.l!-?1~ c,:5 k~/.)~~l./' Velma E. DeBusk, 10315 COllingswood ""--. ,,'- ,f' ,/ _~.;> _.~ /_ . .. ../ .~ ',;; J~~-'-:;;' .. /., ,.,.\..,~...,.-:'\ ,. ~ L-r .0 Raymori' E. 'Smi th, 10319 Collingswood I- tJJ; ~~_~" Hamilton, 10307 CollingswOod rr,.... .- ._;. I ':J J /.A.d.J C. F. Weiss, 10323 Collingswood - tit )th-1.7::/~ d~ Louie A. -DeLuca, 10J27 Collingswood _"..,........-:t" ," .' ( ."-./ ' " " . ~:'.~.~.~ ...~ ~ .' / . /. -;.<_n W--:o:----....-__._......_._.._......... , ,,'--"-'--_.~'V:::::iv1>i . William J. White, 10331 Collingswood . ~ ~7 / /, - ~., r:' , ""~'4?:7'..-:: --?7 ....--. c:'~'.J< r--- Thomas E. Holt~ 10335'Collingswood L/~, W(L:a~'lQQ David MCNei], 10347 Collingswood }y, ;) ft.~ .: ~A~ · I t.'.i~", 1S-1,11A -1- Paul L. Gordner, 10' COIli~swOOd 1t4 e o e e .~ "J ',. . .' CITY OF LA PORTE INTER-OFFICE MEMORANDUM TO: Jack Owen - City Manager DATE: April 20, 1983 FROM: John Joerns - Engineering Dept. SUBJECT: Collingswood Drive As you requested I have collected the responses from the other department heads expressing their concerns regarding the petit~on to close Collingswood Drive between Fairmont Park and Fairmont Park East Section II. Police Department Chief' Freeman is of the opinion that Collingswood should be open between Fairmont Park and East Fairmont to provide access for police and fire units without having to use either Spencer Highway or Fairmont Parkway. Fire Department The Fire Department is of the opinion that Collingswood should be left open for two reasons: (a) to prevent fire apparatus and Volunteer Firefighters in their personal vehicles responding to fires from having access only from West Main and Fairmont Parkway, which are both heavily traveled thoroughfares (b) if Collingswood were closed, fire hydrants in the 10400 block would not be available for use on a major fire in Fairmont East or vice versa. Pub ~ i c Works Public Works is of the opinion that Collingswood should be open between Fairmont Park and Fairmont Park East for two reasons: (a) route optimization for the Solid Waste Department (b) meter reading Further Discussion Collingswood Street itself has been pfatted as a thru street in order to provide internal circulation and reasonable access to all points in the Fairmont Park neighborhoods. The concerns listed above; circulation of emergency vehicles, City service vehicles, as well as access to the City's 5.4 acre park and community center are valid and are an integral part of providing reasonable access to all residents. AS" e e .....- .....-...J '" The entire layout of the Master plat for Fairmont Park tracks closely the average spacing for residential collector streets within a neighborhood. Of course, specific "traffic generators II in a given area (i.e. schools, parks, shopping centers, etc.) should also be given due consideration when laying out. and approving subdivision plats. Failure to consider these can create problems such as the Ci ty of La Porte ex'peri enced wi th the recent openi ng of Jenni e Rei d Elementary School on Fairmont Parkway. There may be cause for concern relating to the proposed opening of the new elementary school on Farrington Boulevard. The addition of specific origin-destination traffic in this area could possibly direct more vehicular traffic to an area than normally expected. This particular concern, if justified, would be separate from the Collingswood situation and would require further study and information (school age group, population, etc.). Q me. If you desire any further information, please do not hesitate to contact firn, JJ/sc cc: Joe Sease Chief Freeman Jerry Hodge A-b e e ~~ CITY OF LA PORTE INTER-OFFICE MEMORANDUM TO: , ~::::::r of Public Works DATE: W~Plant Demolition - Revised Memo April 18, 1983 FROM: SUBJECT: The operations of the old La Porte Waste Water plant and the Fairmont Waste Water plant were discontinued when the flows were diverted to the new plant. The new plant is functional, and the two (2) old plants need to be demolished. Research of demolition costs indicate that ONE HUNDRED THOUSAND DOLLARS ($100,000) will be needed to demolish both plants. Funds are not budgeted for this work. It was estimated the Fairmont Parkway plant would run approximately $45,000 to $50,0000, and the Fourth Street plant would run approximately $60,000 to $65,000. Residents of Fairmont Park were informed that the plant in Fairmont would be torn down after the new plant became operational. Rather than request funds for next years budget for this work, I recommend that we take this amount from the Public Works improvement contingency fund. If you should have any questions, please advise. JLH/lw cc: Steve Gillett ~I e e ~:J CITY OF IA PORTE IDDRAJ.'IDUM DATE OF MEETING: April 27, 1983 ~ TIrnM: Item #5 - Additio~al Funds for Repair of Water Well #5 ORIGlNATED BY: Jerry Hodge, Director of Public Works ~CT S~Y: Repairs to 200 HP electric well motor, downhole column shaft, bearings, and turbine pump and bowls. FISCAL SUMMARY: Balance in water contingency fund: $64,952.00 Total needed.from fund: .$16,888.56 Total allocated 4/6/83: 12,000.00 Additional funds ne~ded: 4,888.56 ACTION REQUIRED: Council approval to pay invoices for repair work ALTERNATIVES: None RECOr1MENDATION: pay invoices to Layne Texas Company EXHIBITS : Memo from Water/Wastewater Superintendent Copy of minutes from Council meeting 4/6/83 SUBMIITER : Jerry Hodge, Director of Public Works C'-I e e ~-::J CITY OF LA PORTE INTER-OFFICE MEMORANDUM TO: Jerry Hodge, Director of Public Works DATE: April 20, 1983 Luther Maxey, Water/Wastewater Superintendent ~ FROM: SUBJECT: Water Well #5 (25th Street) On January 26, 1983, Layne Texas Company was requested by us to remove and repair the 200 HP electric motor on well #5. The work was completed on Feo~uary.~'2, .",1983,. with a charge of THREE THOUSAND EIGHT HUNDRED TWENTY TWO DOLLARS AND NINETY CENTS ($3,822.90) from Layne Texas Company. Excessive condensation had collected in the windings of the motor and when tlle well was called to come on the motor direct shorted on two fields, causing the motor to essentially "blow up". After the motor had been repaired and put back in service, our monitoring of the well showed other irregularities. Layne Texas Company technicians were called back out to determine what the problems were. It was determined that downhole bearings were worn out. An estimate of approximately TWELVE THOUSAND DOLLARS ($12,000.00) was given, (and thought to be a high estimate) for repairs necessary downhole. After extraction'of the downhole components of the well, other problems were found. Three of the drive shafts were badly bowed and had to be replaced. Two joints of the 8" x 20' column casing pipe were pitted from corrosion and needed to be replaced. To correct all problems brought the total cost of this service to THIRTEEN THOUSAND SIXTY FIVE DOLr~S AND SIXTY SIX CENTS ($13,065.66). The total cost of repairs and amount of funds necessary frOm the contingency fund is as follows: Repairs to Electric motor Downhole repairs $ 3,822.90 13,065.66 $16,888.5b Council has approved TWELVE THOUSAND DOLLARS ($12,000.00) for repairs to Well #5. An additional FOUR THOUSAND EIGHT WUNDRED EIGHTY EIGHT DOLLARS AND FIFTY SIX CENTS ($4,888.56) will be necessary to cover the added cost." Please call if I can be of further assistance. LM/me ~j '. . . '"Jo'" . .':... ... . .::..." .- ~ ". t e e ~=-~ ( Minutes, Regular Meeting, La Porte City Council April 6, 1983, Page 3 A motion was made by Councilperson Pfeiffer to approve and adopt Ordinance No.,1134-A as read. Second by Councilperson Gay. The motion carried, 9 ayes and 0 nays. Ayes; Councilpersons Malone, Longley, Matuszak, Graves, Pfeiffer, Gay, Skelton, Westergren and Mayor Cline Nays: None 12. City Attorney Askins read: AN ORDINANCE VACATING, 'ABANDONING AND CLOSING ALL OF THE ALLEYS IN BLOCK SEVEN HUNDRED THIRTY- THREE (733) AND SEVEN HUNDRED THIRTY-FOUR (734), IN THE TOWN OF LA PORTE, HARRIS COUNTY,. TEXAS . A motion was made by Councilperson Matuszak to table action on the ordinance as read until utility verifications have been made with the proper authorities. Second by Councilperson Longley. The motion carried, 8 ayes and 1 nay. ( Ayes: Councilpersons Malone, Longley, Matuszak, Graves, Pfeiffer, Gay, Skelton, and Mayor Cline Nays: Councilperson Westergren 13. Council considered information concerning Water Well #5 (25th Street). After reviewing the information concerning the need for repairs, Council considered declaring an emergency. A motion was made by Councilperson Skelton to declare an emer- gency on the 25th Street Water Well, authorize Layne Texas ~ater Well Company to do the needed repairs, and allocating 12,000 from the Water and Sewer Cont1ngency to make e repairs. Second by Councilperson Graves. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Malone, Longley, Matuszak,. Graves, Pfeiffer, Gay, Skelton, Westergren and Mayor Cline Nays: None "..... 14. City Attorney Askins read: AN ORDINANCE AMENDING CHAPTER 4 1/2, ARTICLE 1, SECTION 4 1/2-1, ET. SEQ. OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, ADDING DEFINITIONS OF SCHOOL YEAR AND SUMMER, AND AMENDING THE DEFINITION OF GAME HALL; FURTHER AMENDING CHAPTER 4 1/2, ARTICLE 1, SECTION 4 1/2-18, BY CHANGING THE HOURS OF OPERATION THAT GAME HALLS AS DEFINED MAY REMAIN OPEN, AND RESTRICTING THE HOURS OF OPERATION OF ANY SKILL OR PLEASURE ORIENTED COIN OPERATED MACHINE IN'COMMERCIAL ESTABLISH- MENTS; ADDING A NEW SECTION TO CHAPTER 4 1/2, ARTICLE I, BEING SECTION 4 1/2-27, SAID NEW SECTION REQUIRING A NOTICE TO BE ~,JJ e 41 ..-.=~ .JOHN D, ARMSTRONG, .J.D. ASSOCIATE KNOX W. ASKI NS, .J. D., P. C. ATTORNEY AT LAW 702 W. FAIRMONT PARKWAY P. O. BOX 1218 LA PORTE, TEXAS 77571'1218 TELEPHONE 713 471':886 January 27, 1983 o Hon. Mayor and City Council CITY OF LA PORTE City Hall La Porte, Texas 77571 Dear Ladies and Gentlemen: Following the discussion of the Planning and Zoning Appointment Ordinance Amendment at the January 26, 1983, Workshop, I have revised the ordinance to reflect the fact that the "phase-in" period to full 3-year terms has been completed. I Yours very trUlY~ / /" . i - ,. / ! c.. (t--t,tX tfJ. (ta~~~~~ Knox W. Askins City Attorney City of La Porte KWA: jm Enclosure ])/ e e ORDINANCE NO. AN ORDINANCE AMENDING ARTICLE II, SECTION 2-19, OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; BRINGING SAID CODE SECTION INTO CONFORMITY WITH ARTICLE II, SECTION 2.09(d), OF THE HOME RULE CHARTER, BY PROVIDING THAT MEMBERS OF THE PLANNING AND ZONING COMMISSION SHALL BE APPOINTED BY THE CITY COUNCIL; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Article II, Section 2-19, of the Code of Ordi- nances of the City of La Porte is hereby amended to read as follows, to-wit: "Sec. 2-19. Appointment of members by City Council; qualifications; terms. "The members of the Planning and Zoning Commission shall be appointed by the City Council. "Members of the Planning and Zoning Commission shall be resident electors of the City of La Porte at the time of their appoint- ment, and continuously during their terms of office. A District member of Planning and Zoning Commission shall be a ,resident of his District at the time of his appointment and continuously during his term of office. "The Planning and Zoning Commission shall consist of a member from each of the six (6) Council Districts, and an At Large member for a total of seven (7) members. The term of the six (6) members from the six (6) Council Districts shall coincide with the term of office of the Councilperson for said District. The term of office for the At Large member shall coincide with the term of office of the Mayor of the City of La Porte. The members of the Planning and Zoning Commission shall elect a Chairman from among their members. "The term of each member shall terminate on April thirtieth of the year in which the term expires, or when his successor has been appointed and qualified." Section 2. If any section, sentence, phrase, clause, or any part of, any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council 1J~ e e Ordinance No. , Page 2. to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 3. This Ordinance shall take effect and be in force from and after its passage and approval. Section 4. 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 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. PASSED AND APPROVED this the 4th day of May, 1983. CITY OF LA PORTE By Virginia Cline, Mayor ATTEST: City Secretary APPROVED: lJ~ e e ORDINANCE NO. AN ORDINANCE AMENDING ARTICLE II, SECTION 2-19, OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; BRINGING SAID CODE SECTION INTO CONFORMITY WITH ARTICLE II, SECTION 2.09(d), OF THE HOME RULE CHARTER, BY PROVIDING THAT MEMBERS OF THE PLANNING AND ZONING COMMISSION SHALL BE APPOINTED BY THE CITY COUNCIL; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIAN<::E WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Article II, Section 2-19, of the Code of Ordi- nances of the City of La Porte is hereby amended to read as follows, to-wit: "Sec. 2-19. Appointment of members by City Council; qualifications; terms. "The members of the Planning and Zoning Commission shall be appointed by the City Council. "Members of the ~lanning and Zoning Commission shall be resident electors of the City of La Porte at the time of their appoint- ment, and continuously during their terms of office. A District member of Planning and Zoning Commission shall be a resident of his District at the time of his appointment and continuously during his term of office. "The Planning and Zoning Commission shall consist of a member from each of the six (6) Council Districts, and a Chairman, for a total of seven (7) members. The term of the six (6) members from the six (6) Council Districts shall coincide with the term of office of the Councilperson for said District. The term of office for the Chairman shall coincide with the term of office of the Mayor of the City of La Porte. "The term of each member shall terminate on April thirtieth of the year in which the term expires, or when his successor has been appointed and qualified." Section 2. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council J)'f - - Ordinance No. , Page 2. to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 3. This Ordinance shall take effect and be in force from and after its passage and approval. Section 4. 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 that this meeting has peen open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, conside'red and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. PASSED AND APPROVED this the 2nd day of February, 1983. CITY OF LA PORTE By Virginia Cline, Mayor ATTEST: City Secretary APPROVED: " 1-' . / - , L-?ad ~ ~ ~4f-I~ City Attorney ])5 - e _.~ --- MEMORANDUM April 22, 1983 TO: Mayor and City Council FROM: Jack Owen SUBJECT: Fire Truck .. As you are aware, we elect~d not to budget funds neces- sary to purchase the aerial tower fire truck, but decided to arrange a lease/purchase loan through .one of the local banks. The truck will be delivered approximately May 25. We there- fore need permission to negotiate a lease/purchase agreement in the amount of $341,790.00. Jack Owen JO/ cb ~I 1. L ~. ~~ '-:., ", ~~ ,~: ...;. i ~ .t. e e ~:-) SUTPHEN CORPORATION Fire Apparatus Since 1890 April 13, 1983 Mr. Jack Owen, City Manager City of LaPorte P. O. Box 115 ~aPorte, Texas 77571 Dear Mr. Owen: l4r. Dick Shumaker informed me you were concerned about the delivery date of your Sutphen aerial tower now in process. We are currently holding on schedule and hopefully will make delivery the week of May 23, 1983; barring any un- foreseen delays. Sincerely, ~/~ A-"" /J {? _ / J .r:::M- ~. ~ GEORGh CLARK Sales Engineer ~. GDC/nm.. cc: Dean Shumaker Dick Shumaker --'I. :.i E~ 7000 Columbus-Marysville Rood p.o. Amlin. Ohio 43002 614-889-1005 e -- _- 't --- GRAY ENTERPRISES 707 MEMORIAL DRIVE P.O. BOX 638 SA YTOWN. TEXAS 77520 713-422-3677 March 25, 1983 Knox Askins P. O. Box 1218 LaPorte, Texas 77571 Dear Knox; Enclosed please find a copy of the Lease Agreement and Deed on the Subdivision Community Center for Fairmont Park East. This swimming pool and bath house facility will be located in Fairmont Park East, Section Two. This lease agreement is the same lease that was approved and signed in Fairmont Park West. Enclosed is a copy of the lease and deed on the pool area in Fairmont Park West. Please review these documents and let us know if they meet your approval. We will then submit them to the City of LaPorte for signatures. Yours truly, '- g~-~ Janet L. Gray Fairmont Park Joint Venture JLG/ls Encl. PI Prepared b}' thc Slalc Bar 01 J cxas lor usc oy law}'crs OnlY. KC\'lcwea 1-1-76. 'i~ed 10 includc granlce's addrcss (art. 6626.S) 1-1-82. '", WARRANTY DEED THE STATE OF TEXAS COUNTY OF HARRI S } KNOW ALL MEN BY THESE PRESENTS: That Eddie V. Gray, Trustee and G. Decker McKim, Trustee both of the County of Harris consideration of the sum of and State of Texas for and in Ten and NO/lOO ($10.00) and other valuable consideration to the undersigned paid by the grantee which is hereby acknowledged, DOLLARS herein named, the receipt of have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto City of LaPorte, a municipal corporation Q of the County of Harris the following described real property in and State of Texas , all of Harris County, Texas, to-wit: That certain lot, tract, or parcel of land, known as the Subdivision Community Center, containing 82,543.05 square feet, more or less, as shown on the plat of Section Two (2), Fairmont Park East as recorded in Volume Page of the Map Records of Harris County, Texas. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said grantee ,.. its successors and assigns forever; and they do hereby bind themselves, their heirs, executors and administnitors to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said grantee , its succes- sors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this day of . A.D. 19 f:J- -.....E.ct"cffe....V:.....e;.ray.;...t.rusTe.e...........-.........................-. """(i':" ..De.c.l(.e.r...McKfm.:-..Trii"s.tee.................................._e. .a................._....................................................................._.................._... ". M..!ling addre~s of each sr.mtee: - Name: .. Address: City of LaPorte P. O. Box 1115 LaPorte, Texas - Name: Address: It 77571 (Acknowled~ment) STATE OF TEXAS COUNTY OF } This instrument was acknowledged before me on the day of , 19 by My commission expires: Notary. Public. Slate of Texas NOlary's prinled name: (Acknowledgment) STATE OF TEXAS COUNTY OF } This instrument was acknowledged before me on the day of . 19 by My commission expires: ...... -....... ..... ....-........ ... ....... ...... ... ----. ... .....------..... .......- ..---- .---.-----.... ---... .....-.... ..-.- -..-...-- Notary Public, Slate of Texas Notary.s printed name: (Corporate Acknowledgment) STATE OF TEXAS COUNTY OF } This instrument was acknowledged before me on the day of . 19 by of a corporation, on behalf of said corporation. My commission expires: -...............---.-.......-.-..........--.................-...............--....................--........-.....---........-...................---......-- Notary Public, State of Texas Notary's printed name: AFTER RECORDING RETURN TO: f~ e THE STATE OF TEXAS COUNTY OF HARRIS e I I I KNOW ALL HEN BY THESE PRESENTS: This Agreement of Lease, made the 1st day of April 1983, by and between the CITY OF LA PORTE, a municipal cor- poration, Harris County, Texas, hereinafter called LESSOR, and FAI~10NT PARK EAST HOMEOWNERS ASSOCIATION, a Texas non- profit corporation having its principal office in Harris County, Texas, hereinafter called LESSEE, WIT N E SSE T H: That the Parties hereto, for and 1n consideration of the premises, and the rents, covenants and agreements contained herein, agree as follows; I. LESSOR hereby leases 'and rents to LESSEE, the following described tract of land, hereinafter referred to simply as IIPark,ll and being more particularly described as follows, to-wit: Q That certain lot, tract, or parcel of land, known as the Subdivision Community Center, containing 82,543.05 square feet, more or less, as shown on the plat of Section Two (2), Fairmont Park East, as recorded in Volume Page of the Map Records of Harris County, Texas, reference to which 1S hereby made for all purposes. The term of this lease is for a period beginning on the 1st day of April day of March 1983 , and ending on the 31st 2023 Upon the expiration date of this lease, no notice to quit possession shall be necessary, and LESSEE covenants to peaceably surrender possession of the premises to LESSOR on that date. III. As rent for the use and occupancy of the leased premises, LESSEE hereby agrees, binds and obligates itself to pay unto LESSOR the total sum of Forty Doilars ($40.00), in advance upon the execation hereof, representing an annaal rental of One Dollar ($1.00), payable in advance for the entire lease term. Ftf e -2- It IV. LESSEE shall not have the right to sell or assign this lease, or to sublet the leased premises, or any part thereof. v. This lease is entered into pursuant to the authority of City of La Porte Ordinance No. , passed and approved by the City Council of the City of LaPorte on the day of LESSEE certifies that it is a .duly qualified homeowner's association, which meets the minimum standards promulgated by the United States Department of Housing and Urban Develop- ment, for qualification for FHA and/or VA loans; and that 'it has been incorporated-as a Texas non-profit corporation. LESSOR leases the demised premises to LESSEE, for operation by LESSEE as a park and recreation area, for the recreation of residents and their gu~sts.of Sections One (1). . , and Two (2) and future Sections, Three (3), and four (4), all in Fairmont Park East, all being subdivisions in the W. M. Jones Survey, A-482,'Harris County, Texas, according to the respect- ive maps or plats thereof which have been filed, or which hereafter may be filed, in the office of the County Clerk of Harris County, Texas, reference to which is here made for all purposes. Section One (1) has Two Hundred Fifty-four (254) building sites; Section Two (2) has Two Hundred Thirteen (213) building sites; Section Three (3) will, when developed, have approximately Two Hundred Ninety-three (293) building sites; and Section Four (4) will, when developed, have approximately Two Hundred Sixty- four (264) building sites. VI. . LESSEE shall not place or suffer any Deed of Trust, Mortgage, Mechanic's, or any other type of lien"on the demised premises, or upon the permanent improvements thereon erected, and any person, firm or corporation making any loans FS" '. e e -3- or advances to LESSEE, for such improvements, shall look solely to the revenues of LESSEE for the retirement of any such indebtedness by LESSEE. VII. LESSOR reserves the right, from time to time, acting by and through its City Council, to establish minimum standards for the type and quality of facilities to be erected by LESSEE on the demised premises, and for the maintenance thereof, and for the staffing of such facilities; providing minimum ratios of off street park~ng,.bas~d upon. \ ~ue\.r-e--(oo{%~ o-f ~he- prof>~&~k,-{~.,r\""\-\;~..s (~~A~.r~I~ ~LP2Cn1~Sc"d'~ thee arRQllnt of rlr.rprlgA-in the demised premises; and such ot~er matters regarding the health, welf~re, and safety, of the persons utilizing such facilities as the City Council 1n its discretion may from time to time promulgate. Nothing contained in this lease shall be construed as a restriction Q upon the power of the city' Council of t~e City of LaPorte, from time to time to promulgate, by Ordinance, such reason- able rules and regulations concerning the maintenance, oper- ation, health, safety and welfare of the park facility herein demised, and of the persons utilizing the same. VIII. Ordinance No. of the City of LaPorte, together with Exhibit "A" attached thereto, containing the current minimum standards of the United states Department of Housing and Urban Development, for homeowner's associations, are hereby incorporated by reference in this lease, and made a part hereof for all purposes. IX. LESSEE shall be obligated to maintain its leased premises in a good state of repair and neat appearance, and keep the grass mowed at all times. LESSEE shall provide adequate refuse containers on the demised premises, and regularly deposit the contents of same into such refuse con- tainers as may be required by the LESSOR, from time to time, F{, " e e -4- or by such independent contractor as may serve the area, if the general area in which the demised premises is located is not provided refuse collection service by LESSOR. LESSEE shall provide necessary permanent sanitary facilities, telephone, and other services that may be required to protect the health, welfare and safety of LESSEE'S patrons. x. LESSEE agrees to obtain and maintain at its sole cost and expense, public liability insurance and property damage insurance on the leased premises to protect LESSOR and LESSEE against all loss or damage from the claims of all persons who may be in or on these, premises by the invitation, consent or sufferance of LESSEE. Such public liability insurance shall have minimum bodily injury limits. of One Hundred Thousand Dollars ($100,000) for each person and Three Hundred Thousand Q Dollars ($300,.000) for each. accident, and property damage limits of One Hundred Thousand Dollars ($100,000) for each accident with'respect to any accident occurring on the leased premises. LESSEE shall furnish LESSOR ~ertificates of all insurance coverage. XI. LESSEE shall use due care and diligence in all activi- ties and operations on the premises, and will indemnify and save harmless from any liabilities, loss, costs or other expense of any nature. LESSEE shall give LESSOR immediate notice of any matter covered hereby and shall forward to LESSEE every demand, notice, summons or other process received in any claim or legal proceeding covered hereby. XII. - . In case of bankruptcy or insolvency on the part of LESSEE, or in case of any receiver be~ng appointed to take charge of the property, or any portion of the property of LESSEE, in or upon the premises hereby leas~d, then and in F1. ~ e - -5- such event the LESSOR may, at its option, declare this lease to be terminated or forfeited by the LESSEE; and LESSOR shall be entitled in such event to the immediate possession of such premises and no receiver, trustee in bankruptcy, or assigns for the benefit of creditors shall acquire in any such case any of t~e rights of the LESSEE hereunder; the landlord's lien, however, in such event, shall not cease and the liability of the LESSEE for the damages on account of breach of any obligation to be perf9rmed by the LESSEE under the terms of this lease shall continue and remain in full force and effect. XIII. Failure on the p~rt of the LESSEE to perform any of the terms, agreements, cqnditions and' covenants imposed by this lease shall, at the option of the. LESSOR, cancel t~e lease and all rights of LESSEE shall be thereupon terminated and o all buildings and permanent. improvement,s placed on sa&d Park by LESSEE shall become the property of the LESSOR; provided, however, LESSEE shall have sixty (60) days written notice . from LESSOR in which to correct any defa~lt before cancel- lation. In the event that L~SSEE .fails to correct any such . default during such sixty (60) day period, LESSOR, its agents or attorneys, shall have the right to re-enter and remove all persons therefrom without being deemed guilty of any manner of trespass and without prejudice to any remedies for arrears of ~ent or breach of covenant, or LESSOR, its agents or attorneys, may resume possession of the premises and re-Iet the same for the remainder of the term for the best rental it may obtain, for account of LESSEE, which shall make good any deficiency. The .failure o~ the LESSOR to insist in any one or more instances upon performance of any of the terms or conditions of this lease shall not be construed as a waiver or relinquishment of the future performance of any such term or condition. Pi -. . . e e -6- XIV. Upon the termination of this lease, it is understood and agreed between the parties that any permanent improvements erected on the leased premises by LESSEE shall be the property of LESSOR. xv. LESSOR covenants that LESSOR has good right and lawful authority to execute this Lease, that throughout the term hereof LESSEE shall have, hold and enjoy peaceful and uninter- rupted possession of all of the premises hereby leased and grante~, subject al~ays to the performance of the covenants, , as herein provided to be paid and performed by LESSEE. XVI. Notices provided for in this Lease shall be sufficient if sent by registered mail, postage prepaid, addressed, if to Q LESSOR, to the City of La P~rte, 604 W. Fairmont Parkway,. Attention: Mayor, La Porte, Texas; and, if to LESSEE, to its registered agent, Eddie V. Gray, 707 Memorial Drive, Bay town, Texas 77520, or to such other ~espective addresses as the Parties hereto ~ay de~igna~e in writing from time to time. XVII. Nothing in this Lease contained shall be construed as requiring LESSEE to allow the use of the demised premises by per~ons other than the lawful residents of the said Sections One (1), Two (2), Thiee (3), and Four (4), Fairmont Park' East Subdivisions, H~rris County, Texas, and th~ir invite~s. However, members of the Association and their invitees shall be entitled to use of such facility on a non-discriminatory basis, subject to the reasonable rules and regulations of LESSEE. XVIII. All references herein contained to LESSOR and to LESSEE, shall be deemed to include the successors, assigns, and legal represent~tives of each. FC; , . It e -7- IN WITNESS WHEREOF, the Parties hereto have hereunto signed and sealed this instrument in several duplicate originals, this the day of , CITY OF LA PORTE (LES~OR) By ATTEST: Virginia Cline, Mayor City Secretary FAIRMONT PARK HOMEOWNERS ASSOCIATION (LESSEE) By Eddie V. Gray, President ATTEST: Q Secretary THE STATE OF TEXAS S S COUNTY OF HARRIS S BEFORE ME, the undersigned authority, on this day person- ally appeared known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consider- ation therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , A.D. Notary Public in and for Harris County, Texas FIO e e - .' -8- THE STATE OF TEXAS S S COUNTY OF HARRIS S BEFORE ME, the undersigned authority, on this day person- ally appeared EDDIE V. GRAY, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consider- ation therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , A.D. Notary Public in and for Harris County, Texas Q FII , f . :. . e e THE STATE OF TEXAS S S COUNTY OF HARRIS S KNOW ALL MEN BY THESE PRESENTS: This Agreement of Lease, made the 1st day of October, 1978, by and between the CITY OF LA PORTE, a municipal cor- poration, Harris County, Texas, hereinafter called LESSOR, and FAIRMONT PARK WEST COMMUNITY IMPROVEMENT ASSOCIATION, o INC., a'Texas non-profit corporation having its principal office in Harris County, Texas, hereinafter called LESSEE, WIT N E SSE T H: That the Parties hereto, for and'in consideration of the premises, and the ren~s, covenants and agreements contained herein, agree as follows: I. LESSOR hereby leases and rents to LESSEE, the following described tract of land, hereinafter referred to simply as "Park," and being more particularly described as follows, to-wit: That certain lot, tract, or parcel of land, known as "Reserve rA';" containing 1.162 acres, more or less, as shown on the Plat of Section Three (3'), FAIRMONT PARK WEST, as recorded in Volume 270, Page 63, of the Map Records of Harris County, Texas, refer- ence to which is here made for all purposes. II. The term of this lease is for a period beginning on the 1st day of October, 1978, and ending on the 30th day of September, 2018. Upon the expiration date of this lease, no notice to quit possession shall be necessary, and LESSEE covenants to peaceably surrender possession of the premises to LESSOR on that date. III. . As rent for the use and occupancy of the lease~ premises, LESSEE hereby agrees, binds and obligates itself to pay unto LESSOR the total sum of Forty Dollars ($40.00), in advance upon the execution hereof, representing an annual rental of One Dollar ($1.00), payable in advance for the entire lease ter.m. F/;L. ~ , ., e e -2- IV. LESSEE shall not have the right to sel+ or assign this lease, or to sublet the leased premises, or any part thereof. V. This lease is entered into pursuant to the authority of City of La Porte Ordinance No. 70S-I, passed and approved by the City Commission of the City of La Porte on the 20th'day of September, 1978. LESSEE certifies that it is a duly qualified homeowner's association, which meets the minimum standards promulgated by the United States Department of Housing and Urban Develop- ment, for qualification for FHA and/or VA loans; and that it has been incorporated as a Texas non-profit corporation. LESSOR leases the demised premises to LESSEE, for operation by LESSEE as a park and recreation area, for the recreation of re~idents and the~r gues~s of Sections Two (2), Three (3), Four (4), and future Section Five (5), all in Fairmont Park West, all being subdivisions in the W. M. Jones, Survey, A-482, Harris County, Texas, according to the respect- ive maps or plats thereof which have been filed, or which hereafter may be filed, in the office of the County Clerk of Harris County, Texas, reference to which is here made for all purposes. Section Two (2) has One Hundred Seventy-two (172) build- ing sites; section Three (3) has Two Hundred Twenty-five (225) building sites; Section Four (4) has Two Hundred Twenty-two (222) building sites; and Section Five (5) will, when developed, have approximately One Hundred Fifty-three (153) building sites. VI. LESSEE shall not place or. suffer any Deed of Trust, Mortgage, Mechanic's, or any other type of lien, on the demised premises, or upon the permanent improvements thereon erected, and any person, firm or corporation making any loans fl3 ,t.., e e -3- or advances to LESSEE, for such improvements, shall look solely to the revenues of LESSEE for the retirement of any such indebtedness by LESSEE. VII. LESSOR reserves the right, from time to time, acting by and through its City Commission, to establish minimum standards for the type and quality of facilities to be erected by LESSEE on the demised premises, and for the maintenance thereof, and for the staffing of such facilities~ providing minimum ratios of off street parking, based upon the amount of acreage in the demised premises; and such oth~~ matters regarding the-health, welf~re, and safety, of the persons utilizing such facilities as the City Commission in its discretion may from time to time promulgate. Nothing contained in this lease shall be construed as a restriction upon the power of the City.Comm1ssion ~f the City of La.Porte, from time to time to promulgate, by Ordinance, such reason- able rules and regulations concerning the maintenance, oper- ation, health, safety and welfare of the park facility herein demised, and of the persons utilizing the same. VIII. Ordinance No. 705-1 of the City of La"Porte, together with Exhibit "A" attached thereto, containing the current minimum standards of the United States Department of Housing and Urban Developmen~, for homeowner's associations, are hereby incorporated by reference in this lease, and made a part hereof for all purposes. IX. LESSEE shall be obligated to maintain its leased premises in a good state of repair and neat appearance, and keep the grass mowed at all times. LESSEE shall provide adequate refuse containers on the demised premises, and regularly deposit the contents of same into such refuse con- tainers as may be required by the LESSOR, from time to time, ,:./'/- " . e e -4- or by such independent contractor as may serve the area, if the general area in which the demised premises is located is not provided refuse collection ser~ice by LESSOR. LESSEE shall provide necessary permanent sanitary facilities, telephone, and other services tha~ may be required to protect the health, welfare and safety of LESSEE'S patrons. x. LESSEE agrees to obtain and maintain at its sole cost and expense, public liability insurance and property damage insurance on the leased premises to protect LESSOR and LESSEE against all loss or qamage from the claims of all persons who may be in or on these~p~emises by the invitation, consent or sufferance of LESSEE. Such public liability insurance shall have minimum bodily injury limits of One Hundred Thousand Dollars ($100,000) tor each person and Three Hundred Thousand Dollars. ($300~000) for each. accident, and property damage limits of One Hundred Thousand Dollars ($100,000) for each accident with respect to any accident occurring on the leased. premises. LESSEE shall. furn"ish LESSOR c.ertificates of all insurance coverage. XI. LESSEE shall use due care and diligence in all activi- ties and operations on the premises, and will indemnify and save harmless from any liabilities, loss, costs or other expense of any nature. LESSEE shall give LESSOR immediate notice of any matter covered hereby and shall forward to LESSEE every demand, notice, summons or other process received in any claim or legal proceeding covered hereby. . XII. - . In case of bankruptcy or insolvency on the part of LESSEE, or in case of any receiver be~ng appointed to take charge of the property, or any portion of the property of LESSEE, in or upon the premises hereby leas~d, then and in P/~ ." ; ',' . e -5- such event the LESSOR may, at its option, declare this lease to be terminated or forfeited by the LESSEE; and LESSOR s~all be entitled in such event to the immediate possession of such premises and no receiver, trustee in bankruptcy, or assigns for the benefit of creditors shall acquire in any such case any of t~e rights of the LESSEE hereunder; the landlord's lien, hqwever, in such event, shall not cease and the liability of the LESSEE for the damages on account of breach of any obligation to be perf9rmed by the LESSEE under the terms of this lease shall continue and remain in full force and effect. XIII. Failure on the par~ of the LESSEE to perform any of the terms, agreements, cqnditions and covenants imposed by this lease shall, at the option of the, LESSOR, cancel the lease and all rights of LESSEE shall be thereupon terminated and all buildings and permanent improvements placed on sa~d Park by LESSEE shall become the property of the LESSOR; provided, however, LESSEE shall have sixty (60) days written notice from LESSOR in which to correct any defa~lt before cancel- lation. In the event ~hat L~SSEE ,fails to correct any such - default during such sixty (60) day period, LESSOR, its agents or attorneys, shall have the right to re-enter and remove all . . persons therefrom without being deemed guilty of any manner of trespass and'without prejudice to any remedies for arrears of rent or breach of covenant, or LESSOR, its agents or attorneys, may resume possession of the premises and re-let the same for the remainder of the term for the best rental it may obtain, for account of LESSEE, which shall make good any deficiency'. The ,failure of the LESSOR to insist in any one or more instances upon performance of any of the terms or conditions of this lease shall not be construed as a waiver or relinquishment of the future performance of any such term or condition. fib , ' . 'l; I . -, I e tI -6- XIV. Upon the termination of this lease, it is understood and agreed between the parties that any permanent improvements erected on the leased premises by LESSEE shall be the property of LESSOR. xv. LESSOR covenants that LESSOR has good right and lawful authority to execute this Lease, that throughout the term hereof LESSEE shall have, hold and enjoy peaceful and uninter- rupted possession of all of the premises hereby leased and grante~, sub~ect al~ays to the performance of the covenants, as herein provided to. be paid and performed by LESSEE. XVI. Notices provided for in this Lease shall be sufficient if sent by registered mail, postage prepaid, addressed, if to LESSOR, to the City of La ~~rte, 604 W. Fairmont Parkway, Attention: Mayor, La Porte, Texas; and, if to LESSEE, to its registered agent, Eddie V. Gray, 707 Memorial Drive, Bay town, Texas 77520, or to such other ~espective addresses as the Parties hereto ~ay de~igna~e in writing from time to time. XVII. Nothing in this Lease contained shall be construed as requiring LESSEE to allow the use of the demised premises by persons other than the lawful residents of the said Sections Two (2), Three (3), Four (4), and Five (5), Fairmont Park West Subdivisions, Harris County, Texas, and their invitees. However, members of the Association and their invitees shall be entitled to use of such facility on a non-discriminatory basis, subject to the reasonable rules and regulations of LESSEE. XVIII. All references herein contained to LESSOR and to LESSEE, shall be deemed to include the successorS, assigns, and legal representatives of each. PI? . t :~. . . . , , . .' . - -7- IN WITNESS WHEREOF, the Parties hereto have hereunto signed and sealed this instrument in several duplicate originals, this the 1st day of October, 1978. CITY (LESSOR) ATTEST: ~A-r';.~J City Cl k FAIRMONT PARK \'1EST COMMUNITY IMPROVEMENT ASSOCIATION, INC. (LESSEE) By ~ v.~i' fJ~. . Eddie V. Gray, . ent Q THE STATE OF TEXAS S S COUNTY OF HARRIS S BEFORE ME, the undersigned authority, on this day person- ally appeared J. J. MEZA, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consider- ation therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, th~s the 19 . day of October , A.D..1978. (I!~~~ . Notary Pu c ~n and for Harris County, Texas F/9 . . . '. . ' e . - ., I, t .. -8- THE STATE OF TEXAS S S COUNTY OF HARRIS S BEFORE ME, the undersigned authority, on this day person- ally appeared EDDIE V. GRAY, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consider- ation therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 19 day of October , A.D. 197.8. _eA/lL?~ ~. ,,' Notary Pub 1C 1n~and~f~r Harris County, ~exas Q F/1 ULII - U Iv ~:J:;'Ol (1/" 0'ol t.i I.j J. J. L.i I u nJ 1.1. . I , . ___._f.8.00.,4-1-.I---~.~"- ~~.~ , rW.,(JUtAJoll"Y DE1!:I)-.. Wi,h Sin"lc .nd.........iua .A&:k,...w...d..mc...."~_. - , .. '. . --=..:-,,""".i;s:uua SLaUoa.r~ Ca.~ DalIM= 'fIlE Sl'ATE OF TEXAS, } COUNTY OF HARRIS 108-94-0253 KNO'V ALL MEN BY THESE PRESENTS: That FAIRMONT PARK, JOINT VENTURE, acting herein by and through EDDIE V. GRAY, Trustee, and G. DECKER McKIM, Trustee, both of Harris County, Texas, Kk~K~ ~~tt , for and in consideration of the sumrof. TEN-AND NO/lOO ($10.00)------------------------------------- t- -----~--------------------------------7-----7----------------DOLLARS, cash~'-'and other good and valuable consl.deratl.ons, p- tO~ it-in hand paid by t'n ~ J 1'-' p. CITY OF LA PORTE, a municipal corporation, - l-- c. -~ have Granted, Sold and Conveyed, and;by these presents do Grant, Sell and Convey unto the said CIT~ OF LA PORTE, , of the County of Harris, , State of . Texas, , all that certain lot, tract or parcel of land lying and being situated in the County of Harris, State of Texas, described as follows, to-wit: That certain lot, tract, or parcel of land, known as "Reserve · A' ,J _1 : containing 1.162 acres, more or less, as shown on the Plat of ~: Section Three (3), FAIRMONT PARK WEST, as recorded in Volume 270,;'-/:1 ! . r Page 63, of the Map Records of Harris County, Texas, reference : to which is here made for all purposes. RECORDER'S MEMORANDUM ALL BLACKOUTS, ADDITIONS AND CHANGES WERE PRESENT AT THE TIME THE INSTRUMENT .WAS FILED AND RECORDED. TO HAVE AND TO HOLD the above described pre.mises. together with all and singular. the rights and appurtenanees thereto in anywise. belonging unto the said CITY OF LA PORTE, its successors es ~~and assigns forever; and it dolhereby bind itself, its successors and assigns, . ;;,xilt~>CX~:c>>ti:nmcj.,n{xF:H:HD6, to Warrant and Forever Defend &11 and slngular the said premises unto the said CITY OF LA PORTE, ~ ts successors and assigns, 1i~~Q~~~~, against every person whomsoever lawfully claiming. or to claim the same or any part thereof. Witness its hand xat this 2nd day of 'Witnesses at Request of Grnntor: FJ.O .------...-..- -.-..-....-...---.-.-.---- ------_.._._--~-_-...- .. . I ..' r1' .' - . ACliNOWLEDGl\JENT 108-94-0254 ~~~~T~~: T~A~.~I~~.~~~~,..,..... ,j in and for ~nid Coun~y, Texas, on this day personnlly nppeared.. BEFORE 10m. the underlli~ncd nuthnrity. . ~ .I1..p.~~....y. .~....9.MX.,...........................................,.., ,......... .:.... . .......::.I.~~I.,.t.. ~. :..'::' ..,.:~.~................................... .... ................... .. ...I{ For'". .I/~;... ..... .. "I.:~:'.'. ....:....:..:...~...:'.:.~..~.. n' .......... ....... .0. _'0' "0. .. _'. .... . ..... ..0 ...... .... . . ..... ............................... no _. . h '0 ... ..... ,.)riown:to mc.~"bc t~c: person.. . whose name 1.S subscribed to the foreJ:"oin~ instnllncnt. nnd acknowled~cd to me thnt ,: (~ta~\~;~;~~ ~.~';I~~::~~'P;:.:~~;;;~;~~:;.,::":; "F~""~:ya:: ~~:~. ~ . ::." . ...~,',...:(L.~;).~. ~ .: . . (1 ~~)',.~L........,....,....:6......,..,..........,......_..._...... '. ;-..... .:.-....\....... .....J.: N " J' bl. ~rris C t T . ';. .......... . ~: ot,lIY u IC,.", ......... .n.. . .,.../. ~ 'j.O.OAoun y, eXDJI 00 r.., . . . ..." l\ly Conlmjssion Expires _.~J,.~....._..Z.,... .....~..4!.~................_...................... ..~:.~:... '. ,.,' ACKNOWLEDGMENT~ ~::T~~:~~~~:Ris~.~~~~...........J' BEFORE ME, the undcrsistned authOrity: in and for sa~~:.~odntr.... Texas, on this day personal1y app~ared ,....,.~.!!..J~~~.KE.R..Mc.K.IM.............................,......,...,,.............. , ..... .......).. . '.. .:; .: ~:.~~:~:::; ~~ ~t;;~~;~~;~t:.:~::::::::::::::: ::.::::: :::::::: :::: :::::::::::::::..;::.'::..:..............:..:.......~......~.....:~::~~~:::::::: ':::: :::::~:::::::::::::::~~::~:~:~::::~~:~:..:~~:::::: ~~:: =:;~'.:~::~ ='.: ::.~:~ kn.own ~o,me.to"b~ \1t~person........whose name.....,.iS.......subscribed to the foregoing instrument, and :1ckno\Vl~dA'cd to me that :: tr:'~.~'- ~ ~:,rec'uied t~ same for the purposes nnd consideration therein expressed., and In the capacity. therein , :s~tec1. :;J') . c:A ~ . . ~ . .GIYEN U~~R MY HAND AND SEAL OF OFFICE, This ~. -:... .. day of.. .,' . ... ........... ..,:.. A.D. 19.1.8.... .: ......, ~ t/ (J:;.Si,'~-:.7 ' .. .., ...... .......0 " ~~~... ..............................................-..--...- "':;, ... .:~. "'.. ., : . ~~;;: . I'~'~:~.~... ..... t'," .... Notar)' Public, ,..,...........Har.r.1.S,.......................County. Texas . .c~ . .,>,~ .' 'I C .. E . . 1. ~ J a /('1 ..,.~ .. If /\ ,. ,. ..' .. y om mission xpn.es __... ,.. . ...;..._..L.....W::...... - ..' ..:':,..,...' CORPORATION ACI{NOWLEDGMENT .T;HE STATE OF /fEXAS, } BEFORE ME. the undersigned authority. COUNTY OF __.... ........................................................................................... ....... ............ ...... in and for said County, Texas, on this day personal1y appeared.... .--..-_.. .._____.. _known to J'l'le to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that tho same was the act of the said -.--....-----. a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of . A.D. 19_ (L.8.) Notary Public:.. County. Texu My Commission EXDires __.............._............._.._._....._._..__ I" ..........._._.........._....:................._._.......... ... . STAn 0,. TEXAS l Clerk of the County Court of said County, do hereby certify I COUNTY OF HARIIIS f _.................... day of..._......_........................_...._..___............ A. D. 19... ' ".'.11, ce'lIf, t"at tIt,. In.trum.n' -a. nLED ,. F... Numb.r SeQulnco 0" the date and .. Ih. lime .'amped record in my office on the....................day of...................................,...... ".'.on~, ma: and ... lful, II[CORO[O. In the Olllela' Public Reco.lfo o' Reol P__rt, of H..... Count,. T.... 0.' recorded thUl............._.....day of......................... .................,..._................ ..... ......_.........................._.................._.........._......................_...Record s of . r~..".)' e r y e OCT .6 1978 WITNESS MY HAND AND SEAL OF THE COUNTY COUI .............._........._........._._.._.._._.__._......_._......_....... the day and yea CO r-- - === .K;:.( I&.t 0-. ft. t- CO (1.. ~ ;;;).- 111 r ~d!; >- .::l !;:(.l -, c.: c..o ~g~ . VI!: _:c -.t -. -:%:t!! o! ~! z: ~! i ~i z! Hi O! ~! ::a o ..c c: ~! <i ~i 81 z: 0: ~! H: .....! ~.. o lLJ -.J - l.t... t- ! i i I ! i i o :z: o t.IJ t.IJ o ~ ~ Z <( 0: ~ ~ C!J .. "f'" ~~' COUNTY CLERK. . HARRIS COUNTY. TEXAS '. COUI By. I I I I . CI IC .. E-o >. ... =' Co ... ~ . "'CO ... a ... .. P: >- .. II:: ::0 o U .c .... i >- w Ii :; .. E .5 "'CO .. ;a .. 1:-d u "t:I~ .. u Ja. ~ :: IlO II:: :a .. o ... .. P: >. ..... =' :~ :.. .~ .K ... .. C >- .... a =' o U '" ... '" ... c:i < o o c:i < ~ ~ p:; o Pc ~ P: o U ~ P: er= o Ja. ~ ~ ..:3 i;: ow a ~ .. i I i ! , I oW ... a :u o I i ! ~ ~ ~ o u ~ . IlO .. P. o ~ E-o i rz. o >4 ~ H tJ ~ .. ~ F~Y .