HomeMy WebLinkAbout1984-09-05 Regular Meeting and Public Hearing
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MINUTES
OF THE
REGULAR MEETING AND PUBLIC HEARING
OF THE
LA PORTE CITY COUNCIL
SEPTEMBER 5, 1984
1. The meeting was called to order by Mayor Cline at 7:00 P.M.
Members of City Council Present: Mayor Virginia Cline,
Councilpersons Norman Malone, Ed Matuszak, Lindsay Pfeiffer,
Deotis Gay, B. Don Skelton
Members of the City Council Absent: Councilperson Linda
Westergren
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Members of City Staff Present: City Manager Jack Owen, City
Attorney Knox Askins, City Secretary Cherie Black, Director
of Administrative Services Bob Herrera, Director of Parks and
Recreation Stan Sherwood, Director of Community Development
John Joerns, Police Chief Herb Freeman, Assistant Director
of Public Works Luther Maxey, Director of Public Works Jerry
Hodge
Others Present: Kevin Graves, Tommy Logan, Buddy Jacobs,
Doyle Westergren, John Kiibler, Cary Burnley, Chip Collins,
Frank Marino, Dr. Clyde Smith, Linnea Schlobohm of the Bay-
town Sun, 45 citizens
2. The invocation was given by Councilperson Malone.
3. Council considered approving the minutes of the regular meeting
held August 15, 1984.
Councilperson Skelton had one correction: his record indicated
that Councilperson Malone had abstained.
Motion was made by Councilperson Skelton to approve the minutes
as corrected. Second by Councilperson Malone." The motion
carried, 6 ayes and 0 nays.
Ayes:
Nays:
Malone, Matuszak, Pfeiffer, Gay, Skelton and Mayor Cline
None
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(A check of the tape later indicated that Councilperson Malone
had voted "aye"; Councilperson Skelton agreed' to let" the' minutes
of the August 15 meeting stand as pres'ented.)
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Minutes, Regular Meeting and Public Hearing
La Porte City Council
September 5, 1984, Page 2
4. Council considered approving the minutes of the public hearing
held August 22, 1984.
Motion was made by Councilperson Matuszak to approve the minutes
of the public hearing as presented. Second by Councilperson
Pfeiffer. The motion carried, 6 ayes and 0 nays.
Ayes: Councilpersons Malone, Matuszak, Pfeiffer, Gay, Skelton
and Mayor Cline
Nays: None
5. Mayor Cline presented former Councilperson Kevin Graves with
a framed resolution and a plaque from the City in appreciation
of his years of service to the City.
Mr~ Graves received a standing ovation from the audience.
.
6. Mayor Cline recognized Tommy Logan as Employee of the Quarter
for June, July and August, 1984. She presented Tommy with a
plaque.
7. Mayor Cline recognized the Employee of the year, Kathy Hutton.
Kathy was unable to attend the meeting to receive her certifi-
cate.
8. Mayor Cline proclaimed the week of September 9-15, 1984, as
"School Attendance Awareness Week." Dr. Clyde Smith, repre-
senting the La Porte Independent School District, accepted
the proclamation.
Councilperson Malone at this time expressed his appreciation
to Kevin Graves.
9. At this time bids for the cleaning, TV inspection and point
repairs for sanitary sewer system were opened by the City
Secretary and read by Frank Marino of Turner Collie & Braden.
The bids received are as follows:
Bay town Construction Company, Beaumont
Naylor Municipal Services, Pasadena
Walglen Construction Company, Houston
Reliance Construction Company, Houston
$348,130.00
121,211.50
184,700.00
253 " 2 8 7 . 50
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The bids will be tabulated and returned to Council with'a
recommendation as soon as possible.
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Minutes, Regular Meeting and Public Hearing
La Porte 'City Council
September 5, 1984, Page 3
10. Council considered awarding a bid for computer hardware and
peripheral equipment.
Jerry Hodge reviewed the recommendation of LWFW, who recom-
mended a Data General Model 10/SP Microcomputer in order that
complete compatibility with the City's main frame be 'achieved.
Mr. Hodge stated that only one unit will be ordered, rather
than the two specified in the bid packet that had gone out.
After briei discussion,! motion was made by Councilperson Gay
to accept staff's reco~endation and award the bid for
com uter hardware and :eri heral equi ment to HMS, ,Inc., ,in
the amount of 10,647.: Second by Counc~lperson Matuszak.
The motion carried, 6 ayes and 0 nays.
Ayes:
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Councilpersons Malone, Matuszak, Pfeiffer, ,Gay,
Skelton and Mayqr Cline
None :
Nays:
11. Mr. Doyle Westergren sp,oke to Council regarding surveys in
Beck's Addition of Oakhurst, and presented a copy of a peti-
tion signed by some of ,the residents ther'e'- A copy of Mr.
Westergren's comments is attached to these 'minutes'.
At the conclusion of Mi:. Westergren's presentation, ,Mayor
Cline stated that sinc~ this matter had come before 'Council
previously, she had asked the City Attorney for an opinion
as to whether the City:was violating the State 'constitution
or any laws on maintairting our streets and that the City
Attorney had written a :reply.
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The City Attorney read 'his opinion letter, a copy of which'
is attached to these minutes.
12. Mr. John Kiib1er was s~hedu1ed to speak on Oakhurst Addi ti'on
encroachments, but elected not to speak.
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Members of Council spoke to the issue of encroachments on City
property. :
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Councilperson Malone: IMadame Mayor, r igh t or wrong, ,I think
we have to take our counsel's opinion on this. He 'has given
us something that's more or less law, .and I think we 'need to
support it. If ~t's not right we'll find out later. But if
it's been done in the past and hasn't harmed anyone,' I don't
know why we need to get involved in this. My opinion is that
it's something that's develop.ed over the 'years, ,and I don" t
think we can do anything about it.
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Minutes, Regular Meeting and Public Hearing
La Porte City Council
September 5, 1984, Page 4
Mayor Cline: All right. We have discussed the pros and cons
of encroachments in the City. My personal feeling is that if
we have one that's been brought to the attention of the Council
we need to take some action on it one way or the other. But
I would say that we need to treat them all alike - one and the
same. So if we're not going to do anything with ones that are
not detrimental in construction of streets Or digging of
ditches, only those that are in the way, if the public works
department or whatever department - utilities department -
handles it before it comes to Council then I don't think we
should ever have any other encroachments violations brought
before the Council. Let the staff handle it.
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Mr. Westergren made comments about the residents in that addi-
tion being unable to get to the water because. of large 'slabs
of concrete with rebar sticking out of it. Thes'e 'concrete '
slabs are sticking further into City property. He feels it
is a plan ,to deter anyone from going to the water, and it
needs to be corrected. He stated that people 'living in that
addition have gone down there and been ordered off of that
property because they have been told, "this is private' 'proper'ty."
He questioned if the City has any liability if an injury occurs
down there. He urged staff to go down and look at the situa-
tion.
Mayor Cline inquired if the City Manager was aware 'of this
situation? The City Manager replied he had only examined the
addition on the streets that were being redone and he was not
aware of any concrete in the other portion and did not examine
it.
Mr. Hodge stated he was also not aware of the'situati'On, and
if it is in the street right of way and is a danger', ,he' 'will
have it removed, without question.
Mayor Cline asked if perhaps the City had put it there 'to
deter erosion, and Mr. Hodge replied it was not the City but
it may have been a contractor.
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Councilperson Skelton: I feel that all the citizens, the 'public,
has a right to use the public right of ways, whether they are
paved or not; as long as they're public right of ways they
belong to the citizens. And we have 'an obligation to see 'that
these right of ways are safe as.we can, or at least as safe'
as the areas surrounding them, ,if it be the bay. And I think
out staff should see that this is taken care of, .as far as
the safety aspects.'
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Minutes, Regular Meeting and Public Hearing
La Porte City Council
September 5, 1984, Page 5
Councilperson Matuszak: I realize the issue involved here,
and I also understand the problem that's associated with,' as
Mr. Kiibler puts it, a place that's not on this earth.' How-
ever, I also recognize that time has its way of es"tab lishing
certain metes and bounds, I guess. I would find it rather
remiss that this Council, or this City, does not make 'a
statement of sorts in writing. And I would sugges't that if
we can find the proper terminology to state something like
"to the best of our knowledge, the encroachments do exist
but at the moment they pose no hazard. If they do at .some
time in the future involve or constitute an obstruction or
hazard, that the fence be removed to an appropriate property
line ,that's been established by time or by survey. That at
the moment it does not pose such and until it does" such',' that
we merely recognize that the encroachment exists."
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There is some official recognition needed here; that some noti-
fication given to Mr. Johnston that the "issue has been brought
up and the City fully recognizes' it; however', ,based' on' the'
present metes and bounds as we know'it, poses no hazard. But
if in the future another Hurricane Alicia comes by, that
instead of allowing this thing to continue, ,that at that
time, perhaps, a determination be made - not at our expense
at the owner's expense, before that fence is allowed to be
reinstated it be established on a survey basis. And I feel
that in many instances this would also apply in other areas.
That's the way I feel about it. I think that right is right.
If it's recognized that it's an encroachment, if it's recog-
nized as not posing any threat to us and we recognize 'it 'as
such. But we have to establish at some time that we 'are "not
in a position at this point to resolve it in a monetary
way or to set a survey out there to do it. But that we "recog-
nize there's a problem there. If they want a more 'immediate'
solution - the arguing parties in this - then perhaps they may
have to go some litigate route. I feel it is incumbent upon
us to make some kind of written statement how we feel.
Mayor Cline: Coming before the Council tonight will be "of
record that it was presented to Council. Any other comments
from Council?
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Councilperson Pfeiffer: Yes mam. I'd like to make "one" I-
concur with Knox's statement that we have "a standing policy',
and we must comply with it. I do realize "that there "is a
problem; I foresee a larger problem if we 'are "to move 'on cor-
recting the survey problem at this point. I guess tha,'t the
policy stay as it has been.
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Minutes, Regular Meeting and Public Hearing
La Porte City Council
September 5, 1984, Page 6
Counci1person Gay: I concur with Mr. Knox and Mr. Pfeiffer
on the statements that they made. I feel that to correct
this problem would be a bigger (?) and I am in accordance with
my peers.
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Mayor Cline: I have one comment to make and that is this:
I don't feel that it's the property owners responsibility to
get these encroachments out of the right of way. I think it's
the City's responsibility. It's the City's right of ways and
I think it's entirely up to the City to either remove them or
if they're going to leave them stand, leave them stand. But
I don't think the property owners should have to hire 'attor-
neys and fight this thing out in court. I think that is
entirely up to the City of La Porte, and going by the more'
or less unwritten policy that we've had in the City for many
years on encroachments, it would be my recommendation to
Council that we get something in writing - we get a written
policy on this and just exactly how we're going to handle them.
As I stated earlier, if you're going to leave it up to the
City department that's working in the area to take care 'of it,
if it's bothering them they're going to remove it - if it's
not they're going to leave it. Then it should never ever
come before Council again. ' But I would recommend that staff
and perhaps a couple of people from this Council form a com-
mittee and work on a policy on this so everybody is treated
equally.
13.
Mr. Cary Burnley addressed Council concerning water and sewer
rates. He presented graphs comparing water' and sewer rates' of
Bay town, La Porte, Deer Park and Pasadena. He 'noted that in
Bay town there is a cutoff point on sewer charges' for res'i-,
dences that use water that actually does not return to the
sewer (such as for watering plants, grass, swimming pool
maintenance, etc.) and that commercial busines'ses' are 'cha'rged
normally because their water usage does ultimately return to
the sewer. Businesses with extensive sprinkler' systems are'
allowed, at their own expense, to install a second meter' for
their sprinkler system and are billed only for that water, with
no sewer charge. He understands that La Porte is considering
entering into such an arrangement, also.
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He has talked with staff and understands the rationale behind
the rates. The water and wastewater departments combined
revenue is well above the cost to operate 'these 'departments.
In fact, the 1984-85 preliminary proposed budget 'includes a
transfer of between $500,000 and $600,000 from the water/
wastewater departments to the general fund. He understands
that this is being done in some degree to prepare 'the City
for future issuance of revenue bonds. If making a profit in
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Minutes, Regular Meeting and Public Hearing
La Porte City Council
September 5, 1984, Page 7
the water and wastewater departments to prepare for future
revenue bonds is necessary, he believes the profits should
be used only for improvements to these systems and in no
cases should they be spent for other than non-recurring items.
He recommended to Council that they reconsider this whole'
matter in connection with the Comprehensive Master Plan,
budgetary cons'traints, the proposed rate analysis, and after'
this consideration if the Council is determined to pursue this
course that a method be determined to explain the entire proc-
edure to all the citizens of La, Porte. He feels the 'citizens
if adequately and accurately informed, will make the right
choices. If they are confused, baffled or if the policy you
offer is not good, they won't buy it, and they shouldn't.
The one exception that he made, he would like to recommend
that the sewer rate charge should be changed immediately,
without waiting for a~y further studies. He recommends
Council'adopt the rate structure for the sewer system either
identical or similar to the one in Bay town, which puts a cap
on the sewer bill for residential customers.
The Mayor declared a five minute recess.
14.
Mayor Cline opened the public hearing on revenue 'sharing and
general budget for fiscal year 1984-85.
City Manager Owen read the proposed revenue sharing budget and
the general budget. A copy is attached to these minutes.
Mayor Cline asked for public input.
Mr. Burnley spoke and commented on the motor pool, ,and sug-
gested that a lease agreem~nt type operation might be 'a les's
expensive method than purchasing. He asked if the tax rate,
when we get the permanent tax roll, stays the 'same 'at 72 cents,
what percentage increase is that in taxes?
Mayor Cline asked for further comments or questions. There'
being none, she declared the public hearing closed.
15. Council considered a contract for survey work for the sani-
tary landfill site.
Mr. OWen stated the Texas State Department of Health 'requires'
certain guidelines as to what the 'survey must entail. Two
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Minutes, Regular Meeting and Public Hearing
La Porte City Council
September 5, 1984, Page 8
proposals were studied, and staff recommends the contract' be
awarded to H. Carlos Smith Engineers and Surveyors, Inc.'
Motion was made
for survey work
Smith Engineers
exceed $8,500.
carried, 6 ayes
by Councilperson Skelton to award
for the sanitary landfill site to
and Surveyors, Inc., in an amount
Second by Councilperson Pfeiffer.
and 0 nays.
the contract
H. Carlos
not to
The motion
Ayes: Councilpersons Malone, Matuszak, Pfeiffer, Gay,
Skelton and Mayor Cline
Nays: None
Council considered a resolution regarding Bay Area Boulevard
right of way.
The City Attorney briefed Council on the purpose of the reso-
lution and explained that the metes and bounds of the right
of way had changed due to the design of the extension of Bay
Area Boulevard, to allow for proper drainage. PPG owns the
property needed 'and an agreement has been reached with them
for the needed land. The purpose of the resolution is to
authorize the City of La Porte to re-deed or reconvey the
property that was originally deed to it in 1974 back to PPG~~
and PPG in turn would present a new deed to Harris County
Flood Control District. Mr. Askins presented a map to Council
showing the new revised right of way configuration.
City Attorney Askins read: Resolution 84-14 - A RESOLUTION
CONCERNING THE REALIGNMENT OF THE RIGHT-OF-WAY FOR THE EXTEN-
SION OF BAY AREA BOULEVARD BETWEEN WEST MAIN STREET (SPENCER
HIGHWAY) AND FAIRMONT PARKWAY,. IN THE CITY ,OF LA PORTE.
Motion was made by Councilperson Matuszak to adopt Resolution
84-14 as read by the City Attorney. Second by Councilperson
Malone. The motion carried, 6 ayes and 0 nays.
Ayes: Councilpersons Malone, Matuszak, Pfeiffer, Gay,
Skelton and Mayor Cline
Nays: None
Council considered awarding a bid for the Fairmont Park lift
station building and cover construction.
Staff recommends the bid be awarded to Del Mar Construction
on the basis of low bid.
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Minutes, Regular Meeting and Public Hearing
La Porte City Council
September 5, 1984, Page 9
Motion was made by Councilperson Pfeiffer to accept staff's
recommendation and award the bid for the Fairmont Park lift
station and cover construction to Del Mar Construction Company
in the amount of $18,414. Second by Councilperson Matuszak.
The motion carried, 6 ayes and 0 nays.
Ayes: Councilpersons Malone, Matuszak, Pfeiffer, Gay,
Skelton and Mayor Cline
Nays: None
l~. Council considered a resolution naming a Sesquicenten~ial
chairman and approving "the Sesquicentennial Master Plan.
The Mayor introduced Dr. Clyde Smith, chairman of the Ses-
quicentennial celebration, who gave an entertaining and
informative presentation on ;.the Sesquicentennial celebration
and what our area has planned.
After the presentation, the City Attorney r.ead: Resolution
84-15 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA PORTE, TEXAS, APPROVING AND ADOPTING THE MASTER PLAN SUB-
MITTED BY THE SESQUICENTENNIAL COORDINATING COMMITTEE OF
LA PORTE, TEXAS, DIRECTING SAID COMMITTEE TO SUBMIT SAID
MASTER PLAN TO THE TEXAS SESQUICENTENNIAL COMMISSION AND
DECLARING AN EFFECTIVE DATE.
Motion was made by Councilperson Skelton to adopt Resolution
84-15 as read by the City Attorney. Second by Counci1person
Matuszak. The motion carried, 6 ayes and 0 nays.
Ayes: Councilpersons Malone, Matuszak, Pfeiffer, ,Gay,
Skelton and Mayor Cline
Nays: None
19. There were no Administrative Reports.
20. Council Action
Skelton: Reminded Council of his need for their comments
for TML legislative policy committee on financing municipal
affairs.
Cline: Reported that the City had done very well with 'the MDA
this year, especially with the help of the Pasadena-Bay Area
Te1ecommunicators and Sue Lenes. About $1600 was raised. It
shows her that La Porte cares, and she looks forward to the
City's same enthusiasm in supporting the Sesquicentennial
celebration.
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Minutes, Regular Meeting and Public Hearing
La Porte City Council
September 5, 1984, Page 10
21. Council retired into executive session at 9:03 P.M. and
returned to the Council table at 9:31 P.M.
22. There being no further business to come before the Council,
the meeting duly adjourned at 9:31.05 P.M.
}lss d & Approved this
19 day of September,
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V~line, Mayor
Respectfully submitted:
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Cherie Black, City Secretary
the
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EMPLOYEE OF THE QUARTER - TOMMY LOGAN
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Tommy Logan is Water Production Division leadman.
Tommy is a conscientious, dedicated worked who goes out of
his way to help other divisions and departments of the City.
He volunteers to check out problems reported by citizens
for other divisions, thus keeping 'crews from unnecessary travel
and allowing quicker response to customer complaints.
Tommy recently saved the City several hundred dollars by
diagnosing a problem with the elevated storage tank which was
causing water ,pressure problems throughout the entire water
system. As leadman, he and his crew examined, cleaned, re-
siliconed and re-gasketed the faulty control probes, thus
eliminating the need for an outside contractor.
Tommy deals directly with the public, and is always polite
and helpful. He is seldom off sick or late, and does any
task given him well and within prescribed time limits.
Tommy's superintendent feels that Tommy cou~d and should be
used as the ideal employee example after which all new employees
should strive to model themselves.
We are very proud to name Tommy Logan as Employee of the
Quarter for June, July and August, 1984.
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EMPLOYEE OF THE YEAR - KATHY HUTTON
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Kathy has been an employee' of the City since April 1975.
She has worked in all departments, from cashier in the Customer
Service Department, Court Clerk, etc., to her present position
of Accountant I in the Finance Department.
Kathy has attended school at night during her years of
employment in order to obtain an Associates Degree in Accounting,
and plans to finish this work in the near future.
Kathy recently spent many hours maintaining accurate, detailed
records for federal reporting to FEMA in order for the City to
receive federal funds for damage incurred by Hurricane Alicia.
She did such an excellent job that FEMA has complimented Kathy
on her efforts.
Kathy has worked above and beyond the call of duty, even
completing a project before going to the hospital for emergency
surgery for appendicitis.
Kathy has been a valued employee and we look forward to
her association with the City for many years to come.
We offer our sincerest congratulations to Kathy for being
employee of the year for fiscal year 1983-84.
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MAYOR
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Office 01 tne
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CITY OF
LA PORTE
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roc amation
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The p1Loblem 06 ab.6entewm -i.n OWe. .6c.hoo.t6 htU
e
~eac.hed majo~ p~opo4tiOn.6; and
WHEREAS, low atien.danc.e a66ect6 a .6.tu.dent'.6 aca.demlc., emotional.
and .60c.i.a.R. devei.opmen:t; and
WHEREAS, .6c.hool ab.6en:tewm 06-ten. lea.d6 -to h1..gheJL deLi.nquenc.y,
a h1..gheJL dJc.opou;t lta..t.e aJJ.d unp~odu.c.ti.ve aci.u.U:..6 w.i:th 6ew o~ no maJr.k.eta.ble
.6 tu..eiA ; and.
WHEREAS, ptVten:t6 need t:.o be a.wtVte -tha.t -they have a ~upoYUl-ib..uuy
-to .6ee -that .theiJr. c.hil.dILen. aJr.e -i.n .6c.hool eVeJLy day and -that Jr.e.gui.tVt
.6c.hool a.tten.danc.e -i..6 hnpoJLta.n.t; and
WHEREAS, expeYUl-ive 6a.ci.U..tiu, .impJLOved cU.JVUc.ui.a. and bd-teJL
-tea.c.hell..6 aJr.e waA-ted -i6 a .6.tuden.t -i..6 no-t -in .6c.hooL
NOW, THEREFORE, I, VIRGINIA CLINE, MAYOR 06 the City 06 La Po4te,
do heJLeby p1L0ci.tWn -the week. 06 SeptembeJL 9 .thJr.ough 15, 1984, a.6
SCHOOL ATTENVANCE AWARENESS WEEK
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-i.n .the CUy 06 La PolLte, and wr.ge aLe. ci...tiZeYf,6 -to be awaJr.e -tha.t .6c.hool
atien.danc.e -i..6 eVeJujbody'.6 job - .the Home - -the Sc.hool - -the Commu.n.Uy.
IN WITNESS WHEREOF, I have heJLeunto .6 et my hand and c.a.IL6ed -the Seal
06 -the CUy -to be a6M.x.ed heJLe.to, .th1A -the 5-th day 06 SeptembeJL, 1984.
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Vbr.g-i.YLia. CUne, Mayo~
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e L W FWc, G roup12700 PARK CENTRAL, SUITE 1805, DALLAS, TEXAS 75251, 214-233-5561
August 30, 1984
Mr. Jerry Hodge
Director of Public Works
City of LaPorte
604 West Fairmount Parkway
LaPorte, Texas 77571
Dear Jerry:
After reviewing the Microcomputer specification for "The Work Management System 111 "
and the vendor proposals to achieve these specifications, I recommend that you accept the
bid for a Data General ModeI10/SP Microcomputer from HMS, Inc. The specifications for
this microcomputer are attached. I realize this microcomputer is almost twice as
expensive as the IBM microcomputer also proposed, but if the City is going to follow the
data processing strategy currently in effect, the Model to/SP is the only practical
solution. Other reasons are:
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. The bid specifies that the microcomputer be capable of running the City's
office automation products supplied by Data General, C.E.O. C.E.O. is not
easily/practically run on the IBM PC - this would cause an operator severe
problems when switching from a Data General terminal to the
microcomputer.
. The potential problem of whose problem it is when a hardware malfunction
occurs while the microcomputer is connected to the City's host system. If
it is the same malfunction that maintains the host, then there should be no
"finger pointing"/lack of assuming responsibility. -
If you have any questions, please call me.
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Ramond W. (Chip) Collins
Partner
RWC/mah
Enclosure
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1dtPROFESSIONALS SERVING MANAGEMENT
DALLAS . FORT WORTH. HOUSTON
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e ~.M.S., INC.
CUSTOMER: LA PORTE, TEXAS
SYSTEM: DESKTOP GENERATION MODEL 10/SP
DATE: AUGUST 6, 1984
QTY MODEL DESCRIPTION UNIT MONTH TOTAL TOTAl
I PRICE MAINT PRICE MAIN~
1 91297 Desktop Model 10/SP $7,105 $79 $7,105 $79
Power Supply
256KB Memory
368KB Diskette
15MB Disk
1 4463-WT USAM-1 300 4 300 4
1 4531 Printer 160CPS 1,660 38 1,660 38
1 1622 Isolation Transformer 595 5 595 5
HARDWARE TOTAL $9,660 $126
SYSTEM SOFTWARE
e 1 30568 DG/RDOS $200
1 30540 MS/DOS under DG/RDOS 80
1 30800 dBase II under MS/DOS 695
1 30561 DG/Gate under DG/RDOS 500
TOTAL SYSTEM SOFTWARE $1,475
ANNUAL MAINTENANCE 1,512
TOTAL HARDWARE, SYSTEM SOFTWARE $12,647
AND ANNUAL MAINTENANCE
DISCOUNT 2,000
GRAND TOTAL $10,647
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ealed Bid #0047: IBM IBM Thogersen Gray. Welsh Data HMS.Inc.
Computer ray & Asso .General
icrQ~omputers and Service Inc.
eripherals
. Two River- 1300 Main Marie t t.
way
Houston. Tx Houston.Tx .LaPorte. Tx Houston. Houston.Tx Ga.
1. Microcomputers w/18 and/or 718'i.40 n&.&./. nn In n?n.nn 7n "lI\A.nn 17 nln nn 11..? 1 n
16 bit configeration w/key- .. .
board(Price to include 1 yr.
maintenance)
Included Included Included ncluded
2. 24x80 or 24x132 Monochrome 479.50 628.00 in III in In in :/11 in In
display screen
3. 80 CPS 132-Column Dot :: 831. 24 lOqR.oo 17QA.nn I,n/.n nn ~ un .00 lQ?n nn
Matrix Printer w/tractor feed
Included Included Included Included Included Included
4. 10 MB formatted capacity in 111 in III in IJI in 111 in IJI in III
ri2id disk
Included Included Included Included 600.00 600.00
Asynchronous cODUllunications in III in III in In in 111
adaptor RS-232
Included
6. Operatin2 System (DOS 2.1 130.00 130.00 in III 2160.00 200.00 560.00
type)
7. dBase II Data Base Mana~e- 1400.00 700.00 1390.00 1390.00 20000.DO 1000.00
ment System
8. Comouter (AC) Power NO BID NO BID 179.00 300.00 -- 1190.00
Protection
9. Delivery Time in Davs 45 Days 3 Davs 10 Days , 21-60Davs 20 Davs 60 Days
2%
10. Promn,. Pavment Discount -- -- -- 10 Davs -- -I 000.00
Included Included Included Included
11. 1 Year Maintenance in III in 111 in III in III 2.430.00 ,2.856.00
TOTAL 10.026.14 12.220.00 14.285.00 28.248.00 27.850.0D 22.336.00
e -564.96 -1.000.00
27.683.04 . 21H~ .00
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MINUTES
OF THE
REGULAR MEETING AND PUBLIC HEARING
OF THE
LA PORTE CITY COUNCIL
SEPTEMBER 5, 1984
1. The meeting was called to order by Mayor Cline at 7:00 P.M.
.
Members of City Council Present: Mayor Virginia Cline,
Councilpersons Norman Malone, Ed Matuszak, Lindsay Pfeiffer,
Deotis Gay, B. Don Skelton
Members of the City Council Absent: Councilperson Linda
Westergren
Members of City Staff Present: City Manager Jack Owen, City
Attorney Knox Askins, City Secretary Cherie Black, Director
of Administrative Services Bob Herrera, Director of Parks and
Recreation Stan Sherwood, Director of Community Development
John Joerns, police Chief Herb Freeman, Assistant Director
of Public Works Luther Maxey, Director of Public Works Jerry
Hodge
Others Present: Kevin Graves, Tommy Logan, Buddy Jacobs,
Doyle Westergren, John Kiibler, Cary Burnley, Chip Collins,
Frank Marino, Dr. Clyde Smith, Linnea Schlobohm of the Bay-
town Sun, 45 citizens
2. The invocation was given by Councilperson Malone.
3. Council considered approving the minutes of the regular meeting
held August 15, 1984.
Councilperson Skelton had one correction: his record indicated
~ha~ Councilperson Malone had abstained.
Motion was made by Councilperson Skelton to approve the minutes
as corrected. Second by Councilperson Malone. The motion
carried, 6 ayes and 0 nays.
Ayes:
Nays:
Malone, Matuszak, Pfeiffer, Gay, Skelton and Mayor Cline
None
(A check of the tape later indicated that Councilperson Malone
had voted "aye"; Councilperson Skelton agreed to let the minutes
of the August 15 meeting stand as presented.)
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Minutes, Regular Meeting and Public Hearing
La Porte City Council
September 5, 1984, Page 2
4. Council considered approving the minutes of the public hearing
held August 22, 1984.
Motion was made by Councilperson Matuszak to approve the minutes
of the public hearing as presented. Second by Councilperson
Pfeiffer. The motion carried, 6 ayes and 0 nays.
Ayes: Councilpersons Malone, Matuszak, Pfeiffer, Gay, Skelton
and Mayor Cline
. Nays: None
5. Mayor Cline pre,sented former councilperson Kevin Graves with
a framed resolution and a plaque from the City in appreciation
of his years of service to the City.
Mr; Graves received a standing ovation from the audience.
6. Mayor Cline recognized Tommy Logan as Employee of the Quarter
for June, July and August, 1984. She presented Tommy with a
plaque.
7. Mayor Cline recognized the Employee of the year, Kathy Hutton.
Kathy was unable to attend the meeting to receive her certifi-
cate.
8. Mayor Cline proclaimed the week of September 9-15, 1984, as
"School Attendance Awareness Week." Dr. Clyde Smith, repre-
senting the La Porte Independent School District, accepted
the proclamation.
Councilperson Malone at this time expressed his appreciation
to Kevin Graves.
9. At this time bids for the cleaning, TV inspection and point
repairs for sanitary sewer system were opened by the City
Secretary and read by Frank Marino of Turner Collie & Braden.
The bids received are as follows:
Bay town Construction Company, Beaumont
Naylor Municipal Services, Pasadena
Walglen Construction Company, Houston
Reliance Construction Company, Houston
$348,130.00
121,211.50
184,700.00
253,287.50
The bids will be tabulated and returned to Council with a
recommendation as soon as possible.
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Minutes, Regular Meeting and Public Hearing
La Porte City Council
September 5, 1984, Page 3
10. Council considered awarding a bid for computer hardware and
peripheral equipment.
Jerry Hodge reviewed the recommendation of LWFW, who recom-
mended a Data General Model 10/SP Microcomputer in order that
complete compatibility with the City's main frame be achieved.
Mr. Hodge stated that only one unit will be ordered, rather
than the two specified in the bid packet that had gone out.
Gay
in
Ayes: Councilpersons Malone, Matuszak, Pfeiffer, Gay,
Skelton andoMayor Cline
Nays: None
11. Mr. Doyle'Westergren spoke to Council regarding surveys in
Beck's Addition of Oakhurst, and presented a copy of a peti-
tion signed by some of the residents there. A copy of Mr.
westergren's comments is attached to these minutes.
At the conclusion of Mr. westergren's presentation, Mayor
Cline stated that since this matter had come before Council
previously, she had asked the City Attorney for an opinion
as to whether the City was violating the State constitution
or any laws on maintaining our streets and that the City
Attorney had written a reply.
The City Attorney read his opinion letter, a copy of which
is attached to these minutes.
12. Mr. John Kiibler was scheduled to speak on Oakhurst Addition
encroachments, but elected not to speak.
Members of Council spoke to the issue of encroachments on City
property.
Councilperson Malone: Madame Mayor, right or wrong, ,I think
we have to take our counsel's opinion on this. He has given
us something that's more or less law, and I think we need to
support it. If it's not right we'll find out later. But if
it's been done in the past and hasn't harmed anyone, I don't
know why we need to get involved in this. My opinion ois that
it's something that's developed over the years, and I don't
think we can do anything about it.
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Minutes, Regular Meeting and Public Hearing
La Porte City Council
September 5, 1984, Page 4
Mayor Cline: All right. We have discussed the pros and cons
of encroachments in the City. My personal feeling is that if
we have one that's been brought to the attention of the Council
we need to take some action on it one way or the other. But
I would say that we need to treat them all alike - one and the
same. So if we're not going to do anything with ones that are
not detrimental in construction of streets or digging of
ditches, only those that are in the way, if the public works
department or whatever department - utilities department -
handles it before it comes to Council then I don't think we
. should ever have any other encroachments violations brought
before the Council. Let the staff handle it.
Mr. Westergren made comments about the residents in that addi-
tion being unable to get to.the.water because of large slabs
of concrete with rebar sticking out of it. These concrete
slabs are sticking further into City property. He feels it
is a plan to deter anyone from going to the water, and it
needs to be corrected. He stated that people living in that
addition have. gone down there and been ordered off of that
property because they have been told, "this is private property."
He questioned if the City has any liability if an injury occurs
down there. He urged staff to go down and look at the situa-
tion.
Mayor Cline inquired if the City Manager was aware 'of this
situation? The City Manager replied he had only examined the
addition on the streets that were being redone and he was not
aware of any concrete in the other portion and did not examine
it.
Mr. Hodge stated he was also not aware of the situation, and
if it is in the street right of way and is a danger, he will
have it removed, without question.
Mayor Cline asked if perhaps the City had put it there to
deter erosion, and Mr. Hodge replied it was not the City but
it may have been a contractor.
Councilperson Skelton: I feel that all the citizens, the public,
has a right to use the public right of ways, whether they are
paved or not; as long as they're public right of ways they
belong to the citizens. And we have an obligation to see that
these right of ways are safe as we can, or at least as safe
as the areas surrounding them, if it be the bay. And I think
out staff should see that this is taken care of, .as far as
the safety aspects.
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Minutes, Regular Meeting and Public Hearing
La Porte City Council
September 5, 1984, Page 5
Councilperson Matuszak: I realize the issue involved here,
and I also understand the problem that's associated with, as
Mr. Kiibler puts it, a place that's not on this earth. How-
ever, I also recognize that time has its way of establishing
certain metes and bounds, I guess. I would find it rather
remiss that this Council, or this City, does not'make a
statement of sorts in writing. And I would suggest that if
we. can find the proper terminology to state something like
"to the best of our knowledge, the encroachments do exist
>> but at the moment they pose no hazard. If they do at some
time in the future involve or constitute an obstruction or
hazard, that the fence be removed to an appropriate property
line that's been established by time or by survey. That at
the moment it does not pose such and until it does such', that
we merely recognize that the encroachment exists."
There is some official recognition needed here; that some'noti-
fication given to Mr. Johnston that the issue has been brought
up and the City fully recognizes it; however, based on the'
present metes and bounds as we know it, poses no hazard. But
if in the future another Hurricane Alicia comes by, that
instead of allowing this thing to continue, that at that
time, perhaps, a determination be made - not at our expense -
at the owner's expense, before that fence is allowed to be
reinstated it be established on a survey basis. And I feel
that in many instances this would also apply in other areas"
That's the way I feel about it. I think that right is right.
If it's recognized that it's an encroachment, if it's recog-
nized as not posing any threat to us and we recognize it as
such. But we have to establish at some time that we 'are not
in a position at this point to resolve it in a monetary
way or to set a survey out there to do it. But that we recog-
nize there's a problem there. If they want a more .immediate
solution - the arguing parties in this - then perhaps they may
have to go some litigate route. I feel it is incumbent upon
us to make some kind of written statement how we feel.
Mayor Cline: Coming before the Council tonight will be of
record that it was presented to Council. Any other comments
from Council?
Councilperson pfeiffer: Yes mam. I'd like to make one. I
concur with Knox's statement that we have a standing policy,
and we must comply with it. I do realize that there is a
problem; I foresee a larger problem if we are to move on cor-
recting the survey problem at this point. I guess that the
policy stay as it has been.
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Minutes, Regular Meeting and Public Hearing
La Porte City Council
September 5, 1984, Page 6
Counci1person Gay: I concur with Mr. Knox and Mr. Pfeiffer
on the statements that they made. I feel that to correct
this problem would be a bigger (1) and I am in accordance with
my peers.
Mayor Cline: I have one comment to make and that is this:
I don't feel that it's the property owners responsibility to
get these encroachments out of the right of way. I think it's
the City's responsibility. It's the City's right of ways and
>> I think it's entirely up to the City to either remove them or
if they're, going to leave them stand, leave them stand. But
I don't think the property owners should have to hire attor-
neys and fight this thing out in court. I think that is
entirely up to the City of La Porte, and going by the more
or less unwritten policy that we've had in the City for many
years on encroachments, it would be my recommendation to
Council that we get something in writing - we get a written
policy on this and just exactly how we're going to handle them.
As I stated earlier, if you're going to leave it up to the
City department that's working in the area to take care of it,
if it's bothering them they're going to remove it - if it's
not they're going to leave it. Then it should never ever
come before Council again. But I would recommend that staff
and perhaps a couple of people from this Council form a com-
mittee and work on a policy on this so everybody is treated
equally.
13.
Mr. Cary Burnley addressed Council concerning water and sewer
rates. He presented graphs comparing water and sewer rates of
Bay town, La porte, Deer Park and Pasadena. He noted that in
Bay town there is a cutoff point on sewer charges for resi-
dences that use water that actually does not return to the
sewer (such as for watering plants, grass, swimming pool
maintenance, etc.) and that commercial businesses are charged
normally because their water usage does ultimately return to
the sewer. Businesses with extensive sprinkler systems are
allowed, at their own expense, to install a second meter for
their sprinkler system and are billed only for that water, with
no sewer charge. He understands that La Porte is considering
entering into such an arrangement, also.
He has talked with staff and.understands the rationale behind
the rates. The water and wastewater departments combined
revenue is well above the cost to operate these departments.
In fact, the 1984-85 preliminary proposed budget includes a
transfer of between $500,000 and $600,000 from the waterl
wastewater departments to the general fund. He understands
that this is being done in some degree to prepare the City
for future issuance of revenue bonds. If making a profit in
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Minutes, Regular Meeting and Public Hearing
La Porte City Council
September 5, 1984, Page 7
the water and wastewater departments to prepare for future
revenue bonds is necessary, he believes the profits should
be used only for improvements to these systems and in no
,cases should they be spent for other than non-recurring items.
He recommended to Council that they reconsider this whole
matter in connection with the Comprehensive Master Plan,
budgetary constraints, the proposed rate analysis, and after
this consideration if the Council is determined to pursue this
course that a method be determined to explain the entire proc-
. edure to all the citizens of La Porte. He feels the 'citizens
if adequately and accurately informed, will make the right
choices. If they are confused~ baffled or if the policy you
offer is not good, they won't buy it, and they shouldn't.
The one exception that he made, he would like to recommend
that the sewer rate charge should be changed immediately,
without waiting for any further studies. He recommends
Council adopt the rate structure for the sewer system either
identical or similar to the one in Bay town, which puts a cap
on the sewer bill for residential customers.
14.
The Mayor declared a five minute recess.
Mayor Cline opened the public hearing on revenue sharing and
general budget for fiscal year 1984-85.
City Manager Owen read the proposed revenue sharing budget and
the general budget. A copy is attached to these minutes.
Mayor Cline asked for public input.
Mr. Burnley spoke and commented on the motor pool, and sug-
gested that a lease agreement type operation might be a less
expensive method than purchasing. He asked if the tax rate,
when we get the permanent tax roll, stays the same at 72 cents,
what percentage increase is that in taxes?
Mayor Cline asked for further comments or questions. There
being none, she declared the public hearing closed.
15. Council considered a contract for survey work for the sani-
tary landfill site.
Mr. Owen stated the Texas State Department of Health requires
certain guidelines as to what the survey must entail. Two
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Minutes, Regular Meeting and Public Hearing
La Porte City Council
September 5, 1984, Page 8
proposals were studied, and staff recommends the contract be
awarded to H. Carlos Smith Engineers and Surveyors, Inc.
Motion was made
for survey work
Smith Engineers
exceed $8,500.
carried, 6 ayes
the contract
H. Carlos
not to
The motion
by Councilperson Skelton to award
for the sanitary landf~ll s~te to
and Surveyors, Inc., in an amount
Second by Counc~lperson Pfeiffer.
and 0 nays.
. Ayes: Councilpersons Malone, Matuszak, Pfeiffer, Gay,
Skelton and Mayor Cline
Nays: None
16.
Council considered a resolution regarding Bay Area.Boulevard
right of way.
The City Attorney briefed Council on the purpose of the reso-
lution and explained that the metes and bounds of.the right
of way had changed due to the design of the extension of Bay
Area Boulevardr to allow for proper drainage. PPG owns the
property needed and an agreement has been reached with them
for the needed land. The purpose of the resolution is to
authorize the City of La Porte to re-deed or reconvey the
property that was originally deed to it in 1974 back to PPG,
and PPG in turn would present a new deed to Harris County
Flood Control District. Mr. Askins presented a map to Council
showing the new revised right of way configuration.
City Attorney Askins read: Resolution 84-14 - A RESOLUTION
CONCERNING THE REALIGNMENT OF THE RIGHT-OF-WAY FOR THE EXTEN-
SION OF BAY AREA BOULEVARD BETWEEN WEST MAIN STREET (SPENCER
HIGHWAY) AND FAIRMONT PARKWAY, IN THE CITY OF LA PORTE.
Motion was made by Councilperson Matuszak to adopt Resolution
84-14 as read by the City Attorney. Second by Councilperson
Malone. The motion carried, 6 ayes and 0 nays.
Ayes: Councilpersons Malone, Matuszak, Pfeiffer, Gay,
Skelton and Mayor Cline
Nays: None
17.
Council considered awarding a bid for the Fairmont Park lift
station building and cover construction.
Staff recommends the bid be awarded to Del Mar Construction
on the basis of low bid.
Ag
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Minutes, Regular Meeting and Public Hearing
La Porte City Council
September 5, 1984, Page 9
Motion was made by Councilperson Pfeiffer to accept staff's
recommendation and award the bid for the Fairmont Park lift
station and cover construction to Del Mar Construction Company
in the amount of $18,414. Second by Councilperson Matuszak.
The motion carried, 6 ayes and 0 nays.
Ayes: Councilpersons Malone, Matuszak, Pfeiffer, Gay,
Skelton and Mayor Cline
Nays: None
.
l~. Council considered a resolution naming a Sesquicentennial
chairman and approving the Sesquicentennial Master Plan.
The Mayor introduced Dr. Clyde Smith, chairman of the Ses-
quicentennial celebration, who gave an entertaining and
informative presentation on"the Sesquicentennial celebration
and what our area has planned. .
After the presentation, the City Attorney read: Resolution
84-15 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA PORTE, TEXAS, APPROVING AND ADOPTING THE MASTER PLAN SUB-
MITTED BY THE SESQUICENTENNIAL COORDINATING COMMITTEE OF
LA PORTE, T~XAS, DIRECTING SAID COMMITTEE TO SUBMIT SAID
MASTER PLAN TO THE TEXAS SESQUICENTENNIAL COMMISSION AND
DECLARING AN EFFECTIVE DATE.
ado t Resolution
y Councilperson
nays.
Ayes: Councilpersons Malone, Matuszak, Pfeiffer, Gay,
Skelton and Mayor Cline
Nays: None
19. There were no Administrative Reports.
20. Council Action
Skelton: Reminded Council of his need for their comments
for TML legislative policy committee on financing municipal
affairs.
Cline: Reported that the City had done very well with the MDA
this year, especially with the help of the Pasadena-Bay Area
Telecommunicators and Sue Lenes. About $1600 was raised. It
shows her that La Porte cares, and she looks forward to the
City's same enthusiasm in supporting the Sesquicentennial
celebration.
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Minutes, Regular Meeting and Public Hearing
La Porte City Council
September 5, 1984, Page 10
21. Council retired into executive session at 9:03 P.M. and
returned to the Council table at 9:31 P.M.
22. There being no further business to come before the Council,
the meeting duly adjourned at 9:31.05 P.M.
Respectfully submitted:
.
Cherie Black, City Secretary
Passed & Approved this the
19th day of September, 1984
Virginia Cline, Mayor
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I am addressing you on behalf of residents of Beck's addition to
Oakhurst addition concerning surveys.
The addition to Oakhurst was dedicated in 1926 in a very simple
manner. All lots are laid out with straight boundary lines, 900
corners, and the same width on each end except the lots following
the bay shoreline. It's very easy to measure - nothing difficult
to spot large encroachments. All measurements I have taken to
fences and other reference points are within inches except for
two fepces involving one property owner - one of the two fences
is eight-to-ten feet in public property on a right-of-way leading
to the bay. This right-of-way was dedicated to all the people of
the Oakhurst Addition, not just for the use of one property owner.
As you know, a survey was made in 1965 by a professional engineer
and registered in Texas for survey work. Survey stakes he placed
on Lot 18, Block. 5, and other long-standing references point out
these encroachments. It's simple, easy to see and important. You
do not need a $3,500 survey. The evidence of encroachments' I
mention are visible. Ask the encroacher to produce a registered
survey and show his property locating points. Don't tell all the
other residents of Oakhurst their surveys are wrong.
You are aware of the fences in question, they have been in their
present location a short time. There have been other fences on
Lots 1 and 2, Block 3, through the years; but none of the previous
owners elected to fence public property. I know first hand about
the location of all these fences., I was reared on the property
just west of Lots 2 and 3, Block 3; and my parents still reside
there. All long term residents in this area know where the old
fences were located.
I request you to act in a manner benefiting all citizens of Oakhurst
and LaPorte. Listen to your legal representative when he states the
law is strongly in favor of the City. You have all the evidence you
need. Please ask this property owner to remove his obstructions from
public property.. This is all you have to do.
If we did not have people with this PacMan approach of gobbling up
property trying to alter well-defined property lines, our need for
surveys and attorneys would be less. You must act on these encroach-
ments I speak of. Think of the message you are sending this man, as
well as others in our community, if you do not act on these encroach-
ments. The encroachments I mention can be easily corrected. They
were called to your attention in a timely manner. They were called
to this property owner's attention prior to installation; no permit
was issued; and all of you know the facts I have presented are true.
This property owner is encroaching on public property.
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This property owner has fenced over a thousand square feet of
public property for his private use. You must ask this man to
remove his obstructions from public property.
I haven't consumed much of your time in the past or today. Facts
don't take long to present. Please do the right thing. It's easy.
It's simple.
I am presenting you a petition signed by property owners and residents
with their comments, and I ask to be recognized should I feel it
necessary to make another statement at this meeting.
>>
Thank you.
Doyle E. Westergren
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.JOHN D. ARMSTRONG. .J.D.
ASSOCIATE
KNOX W. ASKINS,.1. 0., P. C.
AlIORNEY AT LAW
702 W. "AIRMONT PARKWAY
P. O. BOX 1218
LA PORTE. TEXAS 77571-1218
TELEPHONE
713 471.1880
September 5, 1984
Honorable Mayor
and City Council
CITY OF LA PORTE
Ci ty Hall
La Porte, Texas 77571
.
Dear Ladies and Gentlemen:
Mayor Virginia Cline has requested my opinion as
obligations, if any, concernIng encroachments onto
rights-of-way in the City of La Porte.
Public street and alley-ways, as indicated by recorded plats of
subdivisions within the City of La Porte, and other dedicated public
ways, are within the jurisdiction of the City, as to whether or not
they are to be built, maintained, and operated as public streets and
rights-of-way, or not. Once built, maintained, and operated as public
right-of-way, the City has a duty to exercise ordinary care in main-
taining streets and sidewalks in a reasonably safe condition, for
travel by those using them in a proper manner. In building, main-
taining, and operating streets, cities are engaged in a proprietary,
as opposed to a governmental, function.
to the
public
City's
street
Ordinarily, any house, building, fence or vegetation, constructed or
allowed to remain in a street or alley, constitutes a nuisance that
may be summarily abated by the City. Summary abatement means that
the City may remove the encroachment without necessity of court
action.
As you know, the City of La Porte, as is the case in many older
communities, has extensive encroachments of buildings, fences, and
vegetation, into street and alley public rights-of-way. The vast
majority of such encroachments are of a minor nature, and are of
no consequence to the City, nor to public utilities holding franchises
from the City, in their use and operation in City rights-of-way.
The City of La Porte has, in the past, follo~ed the general pOlicy
which is recognized by most cities, which IS to summarily abate
encroachments in pubTic rights-of-way which it deems to be a hazard
to the traveling public, or which it deems to be an obstruction to
the use of the rights-of -way by itself or other franchised public
utilities, while tolerating minor encroachments which do not interfere
with the traveling public or with utility operations.
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Honorable Mayor
and City Council
La Porte, Texas
Page 2-
9/5/84
In my opinion, the City has no constitutional, charter, or statutory
duty to pol.ice and remove any and every encroachment from public
right-of-way, no matter how minor or trivial it might be. To do so
would be costly in terms of surveying and manpower cost to remove.
On the other hand, the City should not, and has not, hes i tated to
immediately summarily remove any encroachment which is a hazard.
.
The above policy has worked well over. the years in the City of La Porte,
as well as in most other cities, and I recommend that it be continued
in the future. Matters of this type rareily come before City Council,
because, in the past, if the encroachment was a problem, it was
immediately removed. Council has been advised that the dispute
presently before Council, involving alleged fence and tree encroach-
ments in Oak Hurst Subdivision, does not, in the opinion of City
Public Works Department, affect City or utility company operations.
City Council may, nevertheless, secure an up-to-date survey of the
area involved by a licensed Texas public surveyor, and summarily
remove the encroaching trees and fences. This is a policy decision
for City Council to make. However, I would emphasize that the City
has no affirmative obligation to investigate, survey, or remove minor
encroachments. To do so in this instance will undoubtedly unleash
numerous requests from citizens in other parts of the City to arbitrate
what are essentially neighborhood disputes, and have the City bear
the cost of the survey and removal of minor encroachments.
Yours very tr=;;LlY'
c.. .
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Knox W. Askins
City Attorney
City of La Porte
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RESOLUTION NO
A RESOLUTION APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD
OCTOBER 1,1984, THROUGH SEPTEMBER 30, 1985, FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE
BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET.
.
WHEREAS, the Charter of the City of La Porte, Texas, and the statutes of the State of
Texas, require that an annual budget be prepared and presented to the City Council of the City
of La Porte, Texas, prior to the beginning of the fiscal year of said City, and that a public
hearing(s) be held prior to the adoption of said budget; and,
WHEREAS, the budget for the fiscal year October 1, 1984, through September 30, 1985, has
heretofore been presented to the City Council and due deliberation had thereon, and a public
hearing(s) having been held as required by law and all comments and objections have been
considered;
WHEREAS, the fOllowing is a summary of the sources of revenue, and of the amounts
appropriated and the purposes for which the same shall be spent;
FEDERAL REVENUE SHARING FUND
)> R.EJltNUE:
~ Beginning Estimated Fund Balance $ 91.282
1984-1985 Estimated Allocation - 258 18
TOTAL ESTIMATED REVENUE $ 350,000
APPROWAIlQHS.:
Project Appropriations $
Contingency
TOTAL APPROPRIATIONS $ ~50,000
--
119
344
000
430
700
000
918
395
781
212
771
26~
7
$
GENERAL FUND
RESOLUTION 84-____
Page 2
REVENUES:
Designated Fund Balances
Tax Revenue
Franchises Revenue
License & Permits Revenue
Other Revenues
Court Revenues
1
344.593
$
TOTAL REVENUES
794
002
370
433
088
906
000
000
{lQO
765
2.328
1,955
3.439
937
186
500
332
$
APPROPRIATIQ.NS:
Fire
Police
Administration
Public Works
Parks & Recreation
Community Development
Transfer to Capital Improvements
Salary Adjustments
Contingency
TOTAL APPROPRIATIONS
")::::>
-
0-
~
529.690
~--L52.9...Q9.Q
$
DEBT SERVICE FUND
Fund
from General
REVENUES:
Transfers
AHM.fBIATIONS
Bond Retirement
~
$ 3.409.227
$ 3.409...U.1.
RESOLUTION 84-
Page 4 ----
IMPROVEMENT FUND
WASTEWATER CAPITAL
~lATER AND
.~
74,000
63,000
13,000
li04.466
$
RillB U E~
Beginning Estimated Fund Balance
Revenue of Front Foot Fees
Interest Income
Transfer from Water/W/W Fund
554.466
$
REVENUES
TOTAL
APPROPRIATIONS
Capital Appropriations
Contingency
$ 1)54.466
---
$ 454,466
100,000
TOTAL APPROPRIATIONS
)>
0<)
GENERAL CAPITAL IMPROVEMENT FUND
$ 1,068,802
100,000
I)O.Q..OOO
REVENUf:
Beginning Estimated Fund Balance
Interest Income
Transfer from General Fund
~
668.802
$
TOTAL REVENUE
~
$ 1.668.1.502
---
400
950
Q~40Q
$
$ 802,157
822,3115
- .3!.,.QQ.Q
MOTOR POOL
$ 608,600
318,800
13,000
- 10.000
$ 397,064
1)1)~,~~6
RESOLUTION 84-____
Page 5
APPROPRlAIIONS:
Capital Re-Appropriations
Capital Appropriations
Contingency
TOTAL APPROPRIATIONS
R.EJlENUE:
Beginning Estimated Fund Balance
Lease Revenues
~ Interest on Income
- Sale on Equipment
~ TOTAL REVENUE
AU,RQlll.AllmiS :
Replacement Vehicles
Contingency-Subsequent Years
Replacement Reserve
TOTAL APPROPRIATIONS
i
~
RESOLUTION 84- -
Page 6
VEHICLE MAINTENANCE FUND
REVENUES: .
Maintenance Revenue $ 813 32
APPROPRIATIONS:
Operating $ 783,979
Contingency 2q.15~
TOTAL APPROPRIATIONS $ 81 hill
-
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS
D THAT, the budget for the City of La Porte, Texas, now before the said City Council for
~ consideration, as hereinabove summarized and a complete copy of which is on file with the City
~ Secretary, be, and the same is hereby adopted as the budget for the said City of La Porte,
Texas, for the period of October 1, 1984, through September 30, 1985;
BE IT FURTHER RESOLVED, that the said City Council finds that all things requisite and
necessary to the adoption of said budget have been performed as required by Charter or ,Statute
~.
~
RESOLUTION 84-____
Page 7
PASSED AND APPROVED THIS
ATTEST:
~
~ Cherie Black, City Secretary
-
APPROVED:
Knox Askins City Attorney
r-:::::; -
COMBINED SUMMARY - OPERATING BUDGETS
GENERAL FUND. WATER & WASTEWATER FUND, & VEHICLE MAINTENANCE FUND
FISCAL YEAR 198~ - 1985
REVENUE
General
Water and Wastewater
$11,344,593
~.409.227
TOTAL REVENUES
$1~.753,820
APPROPRIATIONS
QDeratin2 Bud~ets
..
General $ 9,589,941
Water and Wastewater 2.314.561
Total Operating Budgets 11,904,502
Capital Budeet Transfers
General
Water and Wastewater
500,000
404.466
Total Capital Budgets
904,466
Debt Service Obligations
General
Water and Wastewater
954,652
'575.0~8
Total Debt Service Obligations
1,529,690
Contin2encies
General
Water and Wastewater
300,000
11'5.162
Total Contingencies
415,162
TOTAL APPROPRIATIONS
$14.7l5":l.820
REVENUE
Vehicle Maintenance
$ "813 , 132
APPROPRIATION
Vehicle Maintenance
$
8B.B2
AJ,~
THE STATE OF TEXAS S
S
COUNTY OF HARRIS S
This Agreement made and entered into by and between the CITY OF
LA PORTE, a municipal corporation of Harris County, Texas, hereinafter
called "CITY" and BAYSHORE MUNICIPAL UTILITY DISTRICT, a conservation
and reclamation district of the State of Texas, hereinafter called
"BMUD" .
RECITALS
I.
This Agreement is made and entered into under the authority of
The Texas Interlocal Cooperation Act, Article 44l3(32c) V.A.T.S.
II .
BMUD is in need of a source of potable water to furnish to
residential and commercial customers in the proposed Bayou Forest
Subdivision, a proposed subdivision of 110.7 acres in the W. P. Harris
Survey, Abstract No. 30, Harris ~ounty, Texas. CITY is agreeable to
furnish potable water to BMUD, at a point of delivery on the north
boundary line of said Bayou Forest Subdivisi'on, at or near McCabe
Road, near the south" city limit line of CITY, under the terms and
conditions of this Agreement.
The source of potable water to be
..
furnished by CITY to BMUD is well water, and this agreement shall
be in all things subject to the granting and renewal of appropriate
permits by the Harris-Galveston Coastal Subsidence District, for
pumpage by CITY of water in the quantities which CITY agrees to
deliver to BMUD under the terms of this Agreement, and CITY'S obliga-
tions under this Agreement shall be in all things subject to the
granting and continuation of such permits, and is limited thereby.
TERM
The term of this Agreement shall be for a period beginning
October 1, 1984, and continuing" until potable water is made available
to BMUD by the La Porte Area Water Authority, at which time CITY, at
C.C3
-2-
its election, may cancel this Agreement upon ninety (90) days written
notice to BMUD; and, in any event, this Agreement shall not extend
beyond a term ending September 30, 1999.
CONSIDERATION
(A) BMUD shall pay to CITY a capital recovery fee of $
which shall be payable in cash on or before September 30, 1985.
(B) BMUD shall pay to CITY, for water consumption, based upon
master meter readings at the point or points of delivery to BMUD,
shall be CITY'S lowest water rate (exclusive of any sanitary sewer
rate charge), as such water rate may be established from time to
time by duly enacted ordinance of CITY'S City Council, multiplied by
one hundred twenty-five percent (125%). CITY'S lowest water rate
up~n the date of execution hereof is $1. 60 per thousand gallons.
BMUD'S water pumpage, as reflected by such master meter or meters,
shall be invoiced by CITY to BMUD monthly, and shall be due and
payable by BMUD to CITY in cash within thirty (30) days from the
date of invoice.
(C) Payments received by CITY after such thirty (30) day period
shall be subject to a penalty of five percent (5%), and shall also
draw interest at the rate of' fifteen percent (15%) per annum until
paid. CITY may terminate service under this Agreement in the event
of non-payment by BMUD for a period of ninety (90) days.
QUANTITIES
Although BMUD shall not be obligated to take any amount of
water under the terms of this Agreement, BMUD agrees that CITY shall
be the sole source of water supply for Bayou Forest Subdivision.
BHUD shall not supply water to Bayou Forest Subdivision, nor shall
BMUD allow any other source of supply to said subdivision other than
CITY, except in cases where CITY must curtail supply due to force
majeure, as hereinafter provided.
c-C1-
-3-
CITY shall not be obligated to furnish more than an average
daily demand of three hundred fifty thousand (350,000) gallons of
water per day, nor more than a peak daily demand of five hundred
thousand (500,000) gallons per day.
CONSTRUCTION AND MAINTENANCE OF FACILITIES
BMUD shall be solely responsible for the construction and main-
tenance of all facilities, including installation and maintenance of
master meter or meters, from CITY'S designated point of delivery,
which shall be at or near the south city limit line of CITY, to
BMUD'S desired point of delivery and meter station. SMUD shall make
no other water taps on such water main, at any point on CITY'S side
of the facilities upstream of the designated master meter or meters.
CITY shall have the right of prior approval of the engineering, which
shall be by a licensed Texas professional engineer acceptable to
CITY, and CITY shall have the right of inspection of the construction
of the water main leading up to the master meter or meters. All
such engineering and construction shall be done in a manner to meet
approval of CITY, and all regulatory authorities having jurisdiction
thereof.
FORCE MAJEURE
CITY shall not be liable for failure to perform this Agreement
in the event of mechanical failures or breakdowns; power failures;
breakages or failures in water mains; strikes, work stoppages, civil
commotion or unrest; Acts of God; or any other cause beyond the control
of CITY. CITY will use its best efforts to restore water service to
BHUD in such event at the earliest possible time. No liability shall
result to CITY from delay in performance or non-performance, caused
by circumstances beyond the control of CITY, including, but not
limited to Acts of God, fire, flood, war, government action (including
restrictions arising from federal, state, and Harris-Galveston Coastal
.cc~
-4-
Subsidence District water regulations, proceedings, and court actions) ,
labor trouble or shortage, equipment or power failure, breakage of
water mainsi or inability to secure fuel, materials, equipment or
power. In the event of water shortages, or other emergency, whether
declared or undeclared, CITY will h~ve the same rights under this
Agreement to ration or curtail comsumption in the same manner and to
the same extent that CITY may do so within its own corpo~ate bound-
aries, and to its other customers, and CITY shall have no liability
to BMUD nor to its customers in such event. BMUD agrees to cooperate
with CITY, acting in BMUD'S governmental capacity, to enforce in BMUD,
such curtailment or rationing measures which CITY may enforce among
its residents, as requested by CITY.
INDEMNITY
BMUD shall indemnify, save harmless and defend CITY from all
liabilty, claims, demands, or suits for Ipss, damage, or injury to
person or property 'in any manner arising out of or incident to the
performance of this Agreement, it being the intention of the par~ies
that such commitment to indemnify, save harmless and defend CITY
shall apply whether or not t~e liability, claims, demands, or suits
arise from the negligence of CITY. This commitment to indemnify, save
harmless and defend CITY shall survive termination of this Agreement
(only to the extent necessary) to cover any and all liability, claims,
demands, or suits which may arise out of or be incident to the per-
formance of this Agreement. This indemnity agreement shall include
CITY'S reasonable attorney's fees and cost of defense.
ASSIGNMENT
This Agreement is not assignable in whole or in part by either
party, nor shall either party subcontract any of its obligations
hereunder without the prior written consent of the other party.
-
c.c.~
-5-
NO SANITARY SEWER SERVICE
Nothing in this Agreement contained shall obligate to CITY to
furnish sanitary sewer treatment services at any time to BMUD.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the
parties. This Agreement shall be effective when approv.ed by the
City Council of CITY, and by the Board of Supervisors of BMUD.
WITNESS OUR HANDS and our respective seals of office, effective
as of the 1st day of October, 1984.
CITY OF LA PORTE
ATTEST:
By:
Virgin1a C11ne, Mayor
City Secretary
A~~~
City Attorney
BAYSHORE MUNICIPAL UTILITY DISTRICT
By:
R. C. Morris, President
ATTEST:
Secretary
APPROVED:
Attorney
e-c.f.:,
MEMORANDUM
sept.. 14, 1984
TO: Mayor and City Council
FROM: City Secretary
SUBJECT: Resolutions to Adopt,FY 1984-85 Budget
Copies of these resolutions will be at your places at the
Council table for Wednesday night's meeting.
~
Cherie Black
])/
'.
........- ..-:
"
TO:
CITY MANAGER
FROM:
Stan Sherwood
DATE:
. .september 7, 1984
PATk~ ~ ~~~r~~~;nn n;~~~~n~
REQUEST FOR CITY COUNCIL" AGENDA ITEM
2.
x
Report
1. Agenda p.!Io~~'"~<<;~'t~~,:~~~:<,._ September 19, 1984
- - Resol~'j;ion
Ordinance
3. Project Summary:
To award bid for park and playground equipment for parks.
4. Action Required:
Approve purchase.
5. Alternative:
Buy low bid, which were below specifications.
6.," . RecOll1Illendatidn:
Award bid to persenaire Park & Playground Equipment of Houston for $8,377.70
and take advantage of prompt payment discount to bring total price down to
$8,252.03
7. Exhibi 1::s:
See attached
6. Availability of Funds:
General Fund
_____Water/Wastewater
--L-Capital Improvmt._____General Revenue Sharing
_Other
Account Number: 001-800-800-702 and
001-802-802-905
Funds Available: ~Yes ' No
9.
;-.
Requested By
---.-..-.-.------..-....
l7Agenda
... .."."
Date
q-Io-g,~ i
--:-;:.::--- :-"":_-~ -:--:-:.-:=-'
/:1
TO:
FROM:
.-
r:::: "
INTER-OFFICE MEMORANDUM
AUGUST 27. 1984
S. Sherwood - Director of
J. Ray - Purchasing Age
SUBJECT: Sealed Bid #0050 - Park
Equipment
Advertised sealed bids #0050 for the purchase of assorted park and play-
· ground equipment were opened and read in Cit~ Council Chambers August 23.
1984 at 4 p.m. Bid invitations were mailed to three major park and play-
ground equipment distributors with all three firms returning bids.
Specifications established by the Parks Superintendent emphasized safety and
durability as well as ease of installation. Low bid was submitted by Vaughn
and Associates of Dallas. Texas on equipment built by Quality Industries.
Several pieces bid were slightly below specifications and their bid totalled
$7.904 with a delivery time of thirty to fourty-five days. Vaughn Associates
also offered a one year warranty on all equipment excluding vandalism and/or
faulty installation.
Second low bid was submitted'by Persenaire Park & Playground Equipment of
Houston. Texas in the amount of $8.377.70. Equipment is manufactured .to,speci-
fications by Gametime Inc. and carries a one-year warranty on metal parts and
a ten year warranty on pressure treated wood. Persenaire also offers a one
and one-half percent (1 1/2%) discount for payment within twenty days bringing
his net total bid to $8.252.03.
I hereby recommend accepting the second low bid by Persenaire Park & Playground
Equipment on the basis of their superior warranty and construction. I also
recommend the City of La Porte take advantage of the prompt payment discount
offered in his bid to bring the total price down to $8.252.03.
I trust you will concur with this recommendation.
JR/mb
cc: B. Clark
B. Herrera
E~
r::::: '.
Item: Sealed Bid 00050
Parks and Playground Equipment Modlin Vaughn" & Persenaire
. Recreat ion ssociates Park &
Equipment Playground
Inc. Products
I: A. Single Post Picnic Table (3 Units) 425.00 ea. 328.00 ea. 400.23 ea.
Sub-Total 1275.00 984.00 . 1200.69 "..
B. Bolted Straight Leg Bench (2 Units) 195.00 ea. 187.00 ea. 186.80 ea.
Sub-Total 390.00 374.00 373.60
>>
c. Game Table (1 Unili.) 525.00 ea. 478.00 ea. 497.90 ea.
D. Lawn Swing (1 Unit) 620.00 ea. 415.00 ea. 593.60 ea.
E. Litter Receptable (4 Units) 93.00 ea,;;" 91.00 ea. 80.25 ea.
Sub-Total 372.00 364.00 321.00
F. Whirl (3 Units) 500.00 490.00 483.10
Sub-Total 1500.00 1470.00 1449.30
.
G. Three Leg End Swing (3 Units) 700.00 634.00 665.60
Sub-Total 2100.00 1902.00 1996.80
H. High Side Slide (3 Units) 675.00 639.00 648.27
Sub-Total 2025.00 1917.00 1944.81
Total 8807.00 7904.00 8377.70
Total with Discount 8674.89 N/A 8252.03
2. State Warranty 1 Year 1 Year 10 yr. on Pressure Tre ~ted Wooe
1 V'r". on <l her e<luinm" t
3. Deliverv Time in Days 60 Days 30-45 Days 30-45 Days
4. Promnt PaYment Discount 1 1/2% None 1 1/2%
Net 20
- -')
.. /::...:)
-
..-::::; "
TO:
CITY MANAGER
FROM: Director Parks & RecreationDA:B: ,September 14,1984
Stan Sherwood
REQUEST FOR CITY COUNCIL' AGENDA ITEM
2.
x
Report
1. Agenda D.a:te".~~~~sted: September 19, 1984
............-....-- ",
..... ::
.....~ "~.,
, . Resolution
Ordinance
3. Project Summary:
To award bid for landscaping of Main St. at State Hwy. 146.
>>
4. Action Required:
Approve Purchase.
5. Alternative:
6.- .Recommendation:
Award bid to Houston Landscape Systems Inc., on the basis of their low
bid in the amount of $11,035.60.
7. Exhibits:
See attached
6. Availability of Funds:
General Fund
_____Water/Wastewater
_Capital Improvmt.~General Revenue Sharing
_Other
Account NUlllber:
Funds Available: ~Yes ~No
Aj-'
Requested By
9. Approved for City Council Agenda
City Manager
Date
FI
TO:
FROM:
SUBJECT:
r::::: '
INTER-OFFICE MEMORANDUM
SEPTEMBER 13. 1984
S. Sherwood - Director
& Recreation
J. Ray - Purchasing ~8ent
Sealed Bid 00056 - La~c ; ing - Main & Hwy. 146
t
Advertised. sealed bids00056 for the landscaping of Main St. at State Hwy. 146
were opened and read in City Council Chambers September 12. 1984 at 4 p.m.
Bid proposals were mailed to seven area landscaping firms with the following
five returning bids; (1) Mont Belview Nursery. (2) Houston Landscape Systems.
~) Bay Area Lawn & Landscape. (4) Maas Nursery. and (5) The Greenhouse.
Specifications for the project were prepared by Fred Buxton and Associates. Inc.
of Houston. Texas. Bidders were asked to provide turnkey installation of all
plants and materials and properly prepare the soil for healthy propagation.
Of the five proposals received. low bid was submitted by Houston Landscape
Systems in the amount of eleven thousand. thirty-five dollars and sixty cents
($11.035.60). Houston Landscape Systems has been highly recommended for their
work on the First Colony Subdivision in Sugar land and their landscaping of the
Lockheed and Motorola facilities in Austin. Texas.
A total of fifteen thousand ($15.000.00) has been earmarked from Revenue Sharing
Funds to complete this project.
I hereby recommend that the City of La Porte award the landscaping project
at Hwy. 146 and Main Street to Houston Landscape Systems Inc. on the basis
of their low bid in the amount of eleven thousand. thirty-five dollars and
sixty cents and a completion time of thirty days. I trust this recommendation
will meet with your approval.
JR/mb
cc: B. Herrera
B. Clark
F.2
-= "
ITEM: SEALED BID 00056 Hont Houston Bay Area Haas The
Belview Landscape Lawn & Nursery Greenhouse
Landscaping - Main @ Hwy. 146 Nursery Systems Landscape
*
1- Price for landscaping per specs. 16,798.05 11,035.60 21,252.60 49,600.00 16,000.01
.. .
2. Prompt Payment Discount None None None None None
3. Terms >> Net 30 Days Full Pay- 10% Down Upon
ment uoon Net unon ~et 30 Davs omnletio'
Acceptance CompletioI
4. Completion Time in Days 20 Days 30 Days 14 Days 60 Days 30 Days
,
* Denotes Low Bid -
.
F..3
\,
.....-: '
MEMORANDUM
CITY OF LA PORTE
TO: Mayor Cli~e and Councilpersons
FROM: Jack Owen
SUBJECT: Volunteers for Capital Improvement Phase of Master Plan
DATE: September 13, 1984
The following persons have contacted the City to serve as volunteers on
the Capital Improvement Phase of the Comprehensive Master Plan, citizen
committees:
1. Mr. Gary Aldrich
10447 Shell Rock
(W) 476-3410 (H) 471-6680
Committee: Utilities
2. Ms. Martha Balusek
206 Bayshore Drive
(H) 471-6430
Committee: Beautification/Open Space/ Pedestrian or Community
Facili ties
3. Mr. James Bedford
10826 N. "H" Street (Lomax)
(W) 476-6326 (H) 471-1085
Committee: Undecided
4. Ms. Edra Blackwell
1602 Lomax School Road
(H) 471-2635
Committee: Undecided
5. Ms. Liz Brandt
118 Blackwell
(W) 471-1111 (H) 471-2267
Committee: Undecided
6. Mr. Robert Clowers
1918 Coupland
(H) 471-5860
Committee: Undecided
GI
\.
r:::: "'
Memorandum on Volunteers for Committees
September 13, 1984, Page 2
7. Mr. Mike Cox
817 South Second St.
(H) 471-1528
Committee: Undecided
8. Ms. Evelyn Craig
506 South Iowa
(H) 471-5761
Committee: Undecided
9. Mr. Stanley Davenport
10403 Rocky Hollow
(H) 4't1-5975
Committee: Utilities/ Community Facilities.
10. Mr. Wade Davis
305 South Carroll
(H) 471-6595
Committee: Beautification
11. Mr. Jerry Dennis
10418 "P" Street
(H) 471-5720
Committee: Undecided
12. La Rue Grant
1907 East Lomax
(H) 471-2375
Committee: Undecided
13. Mr. Fred Hanzelka
11803 "H" Street
(H) 471-7718
Committee: Undecided
14. Ms. Dana Harris
9914 Rustic Rock
(H) 470-1055
Committee: Community Facilities
15. Mr. Robert Head
10336 Rocky Hollow
(W) 471-8100
Committee: Undecided
G:;..,
\,
.-:: ..
Memorandum on Volunteers for Committees
September 13, 1984, Page 3
16. Mr. Tim Hootman
126 Jefferson
(H) 471-4495
Committee: Parks
17. Mrs. Lou Lawler
Box 100
1400 North Tenth St.
(H) 471-0129
Committee: Undecided
18. Mr. John Liddell
10311 Collingswood
(H) 411-4448 .
Committee: Beautification/Thoroughfares/Utilities
19. Mr. Darl Messenger
3405 Valleybrook
(W) 659-8284 (H) 471-1079/471-0708
Committee: Thoroughfares/Utilities
20. Mr. Jerry Nutting
1211 W. "B" Street
(W) 474-4111 (H) 471-6039
Committee: Utilities
21. Mr. Terry Robbins
5409 Beaver Creek
(H) 471-0469
Committee: Utilities
22. Ms. Linda Speedy
218 Garfield
(H) 471-7493
Committee: Undecided
23. Mr. David Turner
5021 Valleyview
(W) 428-9443 (H) 471-8148
Committee: Thoroughfares/Safety
24. Mr. Andy Wilson
3870 Pecan Circle
(W) 471-2111
Committee: Thoroughfares
G3
P: ..,
Memorandum on Volunteers for Committees
September 13, 1984, Page 4
25. Mr. Ronald Woolcock
1704 Rosco
(H) 471-5031
Committee: Utilities
26. Ms. Zelda Wright
802 N. 13th Street
(H) 471-4207
Committee: Open Space and Pedestrian Systems
We appreciate the cooperation of these citizens in serving on these
committees.
Jack Owen
Illh
6'/
.....- .-:
MEMORANDUM
CITY OF LA PORTE
TO: Mayor Cline and Councilpersons
FROM: Jack Owen
SUBJECT: Reappointment of Keith Trainer to Civil Service Commission
DATE: September 13, 1984
In accordance with Article l269-M, Firemen's and Policemen's
Civil Service, I nominate Keith Trainer for reappointment
to the Civil Service Commission and recommend City Council
...-approval.
( lavk--
'J;ack Owen
City Manager
JO/llh
HI
(
(
l
P"""""""_
MINUTES
OF THE
REGULAR MEETING AND PUBLIC HEARING
OF THE
LA PORTE CITY COUNCIL
SEPTEMBER 5, 1984
1. The meeting was called to order by Mayor Cline at 7:00 P.M.
.
Members of City Council Present: Mayor Virginia Cline,
Counci1persons Norman Malone, Ed Matuszak, Lindsay Pfeiffer,
Deotis Gay, B. Don Skelton
Members of the City Council Absent: Counci1person Linda
Westergren
Members of.City Staff Present: City Manager Jack Owen, City
Attorney Knox Askins, City Secretary Cherie Black, Director
of Administrative Services Bob Herrera, Director of Parks and
Recreation Stan Sherwood, Director o~ Community Development
John Joerns, Police Chief Herb Freeman, Assistant Director
of Public Works Luther Maxey, Director of Public Works Jerry
Hodge
Others Present: Kevin Graves, Tommy Logan, Buddy Jacobs,
Doyle Westergren, John Kiib1er, Cary Burnley, Chip Collins,
Frank Marino, Dr. Clyde Smith, Linnea Schlobohm of the Bay-
town Sun, 45 citizens
2. The invocation was given by Counci1person Malone.
3. Council considered approving the minutes of the regular meeting
held August 15, 1984.
Counci1person Skelton had one correction: his record indicated
that Counci1person Malone had abstained.
Motion was made by Counci1person Skelton to approve the minutes
as corrected. Second by Counci1person Malone. The motion
carried, 6 ayes and 0 nays.
Ayes:
Nays:
Malone, Matuszak, Pfeiffer, Gay, Skelton and Mayor Cline
None
(A check of the tape later indicated that Counci1person Malone
had voted "aye"; Counci1person Skelton agreed to let the minutes
of the August 15 meeting stand as presented.)
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Minutes., Regular Meeting and Public Hearing
La Porte City Council
September 5, 1984, Page 2
4. Council considered approving the minutes of the public hearing
held August 22, 1984.
Motion was made by Councilperson Matuszak to approve the minutes
of the public hearing as presented. Second by Councilperson
. Pfeiffer. The motion carried, 6 ayes and 0 nays.
Ayes: Councilpersons Malone, Matuszak, Pfeiffer, Gay, Skelton
and Mayor Cline
. Nays: None
5. Mayor Cline presented former Councilperson Kevin Graves with
a framed resolution and a plaque from the City in appreciation
of his years of service to the City.
Mr. Graves received a standing ovation from the audience.
6. Mayor Cline recognized Tommy Logan as Employee of the Quarter
for June, July and August, 1984. She presented Tommy with a
plaque.
7. Mayor Cline recognized the Employee of the year, Kathy Hutton.
Kathy was unable to attend the meeting to receive her certifi-
cate.
8. Mayor Cline proclaimed the week of September 9-15, 1984, as
"School Attendance Awareness Week." Dr. Clyde Smith, repre-
senting the La Porte Independent School District, accepted
the proclamation.
Councilperson Malone at this time expressed his appreciation
to Kevin Graves.
9. At this time bids for the cleaning, TV inspection and point
repairs for sanitary sewer system were opened by the City
Secretary and read by Frank Marino of Turner Collie & Braden.
The bids received are as follows:
Bay town Construction Company, Beaumont
Naylor Municipal Services, Pasadena
Wa1g1en Construction Company, Houston
Reliance Construction Company, Houston
$348,130.00
121,211.50
184,700.00
253,287.50
The bids will be tabulated and returned to Council with a
recommendation as soon as possible.
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Minutes, Regular Meeting and Public Hearing
La Porte City Council
September 5, 1984, Page 3
10. Council considered awarding a bid for computer hardware and
peripheral equipment.
Jerry Hodge reviewed the recommendation of LWFW, who recom-
mended a Data General Model 10/SP Microcomputer in order that
complete compatibility with the City's, main frame be achieved.
Mr. Hodge stated that only one unit will be ordered, rather
than the two specified in the bid packet that had gone out.
Gay
Ayes: Councilpersons Malone, Matuszak, Pfeiffer, Gay,
Skelton and Mayor Cline
Nays: None
11. Mr. Doyle Westergren spoke to Council regarding surveys in
Beck's Addition of Oakhurst, and presented a copy of a peti-
tion signed by some of the residents there. A copy of Mr.
Westergren's comments is attached to these minutes.
At the conclusion of Mr. Westergren's presentation, Mayor
Cline stated that since this matter had come before Council
previously, she had asked the City Attorney for an opinion
as to whether the City was violating the State constitution
or any laws on maintaining our streets and that the City
Attorney had written a reply.
The City Attorney read his opinion letter, a copy of which
is attached to these minutes.
12. Mr. John Kiibler was scheduled to speak on Oakhurst Addition
encroachments, but elected not to speak.
Members of Council spoke to the issue of encroachments on City
property.
Councilperson Malone: Madame Mayor, right or wrong, I think
we have to take our counsel's opinion on this. He has given
us something that's more or less law, and I think we need to
support it. If it's not right we'll find out later. But if
it's been done in the past and hasn't harmed anyone, I don't
know why we need to get involved in this. My opinion .is that
it's something that's developed over the years, and I don't
think we can do anything about it.
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Minutes, Regular Meeting and Public Hearing
La Porte City Council
September 5, 1984, Page 4
Mayor Cline: All right. We have discussed the pros and cons
of encroachments in the City. My personal feeling is that if
we have one that's been brought to the attention of the Council
we need to take some action on it one way or the other. But
I would say that we need to treat them all alike - one and the
same. So if we're not going to do anything with ones that are
not detrimental in construction of streets or digging of
ditches, only those that are in the way, if the public works
department or whatever department - utilities department -
handles it before it comes to Council then I don't think we
should ever have any other encroachments violations brought
before the Council. Let the staff handle it.
Mr. Westergren made comments about the residents in that addi-
tion being unable to get to the water because of large slabs
of concrete with rebar sticking out of it. These concrete
slabs are sticking further into City property. He feels it
is a plan to deter anyone from going to the water, and it
needs to be corrected. He stated that people living in that
addition have"gone down there and been ordered off of that
property because they have been told, "this is private property."
He questioned if the City has any li~bility if an injury occurs
down there. He urged staff to go down and look at the situa-
tion.
Mayor Cline inquired if the City Manager was aware of this
situation? The City Manager replied he had only examined the
addition on the streets that were being redone and he was not
aware of any concrete in the other portion and did not examine
it.
Mr. Hodge stated he was also not aware of the situation, and
if it is in the street right of way and is a danger, he will
have it removed, without question.
Mayor Cline asked if perhaps the City had put it there to
deter erosion, and Mr. Hodge replied it was not the City but
it may have been a contractor.
Councilperson Skelton: I feel that all the citizens, the public,
has a right to use the public right of ways, whether they are
paved or not: as long as they're public right of ways they
belong to the citizens. And we have an obligation to see that
these right of ways are safe as we can, or at least as safe
as the areas surrounding them, if it be the bay. And I think
out staff should see that this is taken care of, as far as
the safety aspects.
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Minutes, Regular Meeting and Public Hearing
La Porte City Council
September 5, 1984, Page 5
Counci1person Matuszak: I realize the issue involved here,
and I also understand the problem that's associated with, as
Mr. Kiib1er puts it, a place that's not on this earth. How-
"ever, I also recognize that time has its way of establishing
certain metes and bounds, I guess. I would find it rather
remiss that this Council, or this City, does not make a
statement of sorts in writing. And I would suggest that if
we can find the proper terminology to state something like
"to the best of our knowledge, the encroachments do exist
>> but at the moment they pose no hazard. If they do at some
time in the future involve or constitute an obstruction or
hazard, that the fence be removed to an appropriate property
line that's been established by time or by survey. That at
the moment it does not pose such and until it does such, that
we merely recognize that the encroachment exists."
There is some official recognition needed here; that some noti-
fication given to Mr. Johnston that the issue has been brought
up and the City fully recognizes it; however, based on the"
present metes and bounds as we know it, poses no hazard. But
if in the future another Hurricane Alicia comes by, that
instead of allowing this thing to continue, that at that
time, perhaps, a determination be made - not at our expense -
at the owner's expense, before that fence is allowed to be
reinstated it be established on a survey basis. And I feel
that in many instances this would also apply in other areas.
That's the way I feel about it. I think that right is right.
If it's recognized that it's an encroachment, if it's recog-
nized as not posing any threat to us and we recognize it as
such. But we have to establish at some time that we "are not
in a position at this point to resolve it in a monetary
way or to set a survey out there to do it. But that we recog-
nize there's a problem there. If they want a more 'immediate
solution - the arguing parties in this - then perhaps they may
have to go some litigate route. I feel it is incumbent upon
us to make some kind of written statement how we feel.
Mayor Cline: Coming before the Council tonight will be of
record that it was presented to Council. Any other comments
from Council?
Councilperson Pfeiffer: Yes mam. I'd like to make one. I
concur with Knox's statement that we have a standing policy,
and we must comply with it. I do realize that there is a
problem; I foresee a larger problem if we are to move on cor-
recting the survey problem at this point. I guess that the
policy stay as it has been.
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Minutes, Regular Meeting and Public Hearing
La Porte City Council
September 5, 1984, Page 6
Councilperson Gay: I concur with Mr. Knox and Mr. Pfeiffer
on the statements that they made. I feel that to correct
this problem would be a bigger (?) and I am in accordance with
my peers.
Mayor Cline: I have one comment to make and that is this:
I don't feel that it's the property owners responsibility to
get these encroachments out of the right of way. I think it's
the City's responsibility. It's the City's right of ways and
>> I think it's entirely up to the City to either remove them or
if they're going to leave them stand, leave them stand. But
I don't think the property owners should have to hire attor-
neys and fight this thing out in court. I think that is
entirely up to the City of La Porte, and going by the more
or less unwritten policy that we've had in the City for many
years on encroachments, it would be my recommendation to
Council that we get something in writing - we get a written
policy on this and just exactly how we~re going to handle them.
As I stated earlier, if you're going to leave it up to the
City department that's working in the area to take care of it,
if it's bothering them they're going, to remove it - if it's
not they're going to leave it. Then it should never ever
come before Council again. . But I would recommend that staff
and perhaps a couple of people from this. Council form a com-
mittee and work on a policy on this so everybody is treated
equally.
13 .
Mr. Cary Burnley addressed Council concerning water and sewer
rates. He presented graphs comparing water and sewer rates of
Bay town, La Porte, Deer Park and Pasadena. He noted that in
Bay town there is a cutoff point on sewer charges for resi-
dences that use water that actually does not return to the
sewer (such as for watering plants, grass, swimming pool
maintenance, etc.) and that commercial businesses are charged
normally because their water usage does ultimately return to
the sewer. Businesses with extensive sprinkler systems are
allowed, at their own expense, to install a second meter for
their sprinkler system and are billed only for that water, with
no sewer charge. He understands that La Porte is considering
entering into such an arrangement, also.
He has talked with staff and.understands the rationale behind
the rates. The water and wastewater departments combined
revenue is well above the cost to operate these departments.
In fact, the 1984-85 preliminary proposed budget includes a
transfer of between $500,000 and $600,000 from the water/
wastewater departments to the general fund. He understands
that this is being done in some degree to prepare the City
for future issuance of revenue bonds. If making a profit in
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Minutes, Regular Meeting and Public Hearing
La Porte City Council
September 5, 1984, Page 7
the water and wastewater departments to prepare for future
revenue bonds is necessary, he believes the profits should
be used only for improvements to these systems and in no
cases should they be spent for other than non-recurring items.
He recommended to Council that they reconsider this whole
matter in connection with the Comprehensive Master Plan,
budgetary constraints, the proposed rate analysis, and after
this consideration if the Council is determined to pursue this
course that a method be determined to explain the entire proc-
. edure to all the citizens of La Porte. He feels the 'citizens
if adequately and accurately informed, will make the right
choices. If they are confused, baffled or if the pqlicy you
offer is not good, they won't buy it, and they shouldn't.
The one exception that he made, he would like to recommend
that the sewer rate charge should be changed immediately,
without waiting for any further studies. He recommends
Council adopt the rate structure for the sewer system either
identical or similar to the one in Bay town, which puts a cap
on the sewer bill for residential customers.
The Mayor declared a five minute recess.
14.
Mayor Cline opened the public hearing on revenue sharing and
general budget for fiscal year 1984-85.
City Manager Owen read the proposed revenue sharing budget and
the general budget. A copy is attached to these minutes.
Mayor Cline asked for public input.
Mr. Burnley spoke and commented on the motor pool, and sug-
gested that a lease agreement type operation might be a less
expensive method than purchasing. He asked if the tax rate,
when we get the permanent tax roll, stays the same at 72 cents,
what percentage increase is that in taxes?
Mayor Cline asked for further comments or questions. There
being none, she declared the public hearing closed.
15. Council considered a contract for survey work for the sani-
tary landfill site.
Mr. Owen stated the Texas State Department of Health requires
certain guidelines as to what the survey must entail. Two
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Minutes, Regular Meeting and Public Hearing
La Porte City Counci 1 .
September 5, 1984, Page 8
proposals were studied, and staff recommends the contract be
awarded to H. Carlos, Smith Engineers and Surveyors, Inc.
Motion was made
for surve;( work
Smith EngJ.neers
exceed $8,500.
carried, 6 ayes
by Councilperson Skelton to award
for the sanitary landfill sJ.te to
and Surveyors, Inc., in an amount
Second by Councilperson PfeJ.ffer.
and 0 nays.
the contract
H. Carlos
not to
The motion
. Ayes: Councilpersons Malone, Matuszak, Pfeiffer, Gay,
Skelton and Mayor Cline
Nays: None
16.
Council considered a resolution regarding Bay Area Boulevard
right of way.
The City Attorney briefed Council on the purpose of the reso-
lution and explained that the metes and bounds of.the right
of way had changed due to the design of the extension of Bay
Area Boulevardr to allow for proper drainage. PPG owns the
property needed and an agreement has,been reached with them
for the needed land. The purpose of the resolution is to
authorize the City of La Porte to re-deed or reconvey the
property that was originally deed to it in 1974 back to PPG,
and PPG in turn would present a new deed to Harris County
Flood Control District. Mr. Askins presented a map to Council
showing the new revised right of way configuration.
City Attorney Askins read: Resolution 84-14 - A RESOLUTION
CONCERNING THE REALIGNMENT OF THE RIGHT-OF-WAY FOR THE EXTEN-
SION OF BAY AREA BOULEVARD BETWEEN WEST MAIN STREET (SPENCER
HIGHWAY) AND FAIRMONT PARKWAY, IN THE CITY OF LA PORTE.
Motion was made by Councilperson Matuszak to adopt Resolution
84-14 as read by the Cit;( Attorney. Second by Councilperson
Malone. The motion carrJ.ed, 6 ayes and 0 nays.
Ayes: Councilpersons Malone, Matuszak, Pfeiffer, Gay,
Skelton and Mayor Cline
Nays: None
17.
Council considered awarding a bid for the Fairmont Park lift
station building and cover construction.
Staff recommends the bid be awarded to Del Mar Construction
on the basis of low bid.
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Minutes, Regular Meeting and Public Hearing
La Porte City Council
September 5, 1984, Page 9
Motion was made by Councilperson Pfeiffer to accept staff's
recommendation and award the bid for the Fairmont Park lift
station and cover construction to Del Mar Construction Company
in the amount of $18,414. Second by Councilperson Matuszak.
The motion carried, 6 ayes and 0 nays.
Ayes: Councilpersons Malone, Matuszak, pfeiffer, Gay,
Skelton and Mayor Cline
Nays: None
.
l~. Council considered a resolution naming a Sesquicentennial
chairman and approving the Sesquicentennial Master Plan.
The Mayor introduced Dr. Clyde Smith, chairman of the Ses-
quicentennial celebration, who gave an entertaining and
informative presentation on "the Sesquicentennial celebration
and what ou~ area has planned.
After the presentation, the City Attorney read: Resolution
84-15 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA PORTE, TEXAS, APPROVING AND ADOPTING THE MASTER PLAN SUB-
MITTED BY THE SESQUICENTENNIAL COORDINATING COMMITTEE OF
LA PORTE, TEXAS, DIRECTING SAID COMMITTEE TO SUBMIT SAID
MASTER PLAN TO THE TEXAS SESQUICENTENNIAL COMMISSION AND
DECLARING AN EFFECTIVE DATE.
Motion was made by Councilperson Skelton to adopt Resolution
84-15 as read by the City Attorney. Second by Councilperson
Matuszak. The motion carried, 6 ayes and 0 nays.
Ayes: Councilpersons Malone, Matuszak, Pfeiffer, Gay,
Skelton and Mayor Cline
Nays: None
19. There were no Administrative Reports.
20. Council Action
Skelton: Reminded Council of his need for their comments
for TML legislative policy committee on financing municipal
affairs.
Cline: Reported that the City had done very well with the MDA
this year, especially with the help of the Pasadena-Bay Area
Telecommunicators and Sue Lenes. About $1600 was raised. It
shows her that La Porte cares, and she looks forward to the
City's same enthusiasm in supporting the Sesquicentennial
celebration.
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Minutes, Regular Meeting and Public Hearing
La Porte City Council
September 5, 1984, Page 10
21. Council retired into executive session at 9:03 P.M. and
returned to the Council table at 9:31 P.M.
22. There being no further business to come before the Council,
the meeting duly adjourned at 9:31.05 P.M.
Respectfully submitted:
Cherie Black, City Secretary
'Passed & Approved this the
19th day of September, 1984
virginia Cline, Mayor
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~f the J~hnloD-Hunter and ~1111&~ P. Harrll League, 11tuated 1n Harr1s eounty. T~zal. accor~ln~
to ~ap or plat of la1d lubdlvl.10n recorded ln vol. 83, pagel 596. and 579. of Deed Records of
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camFlED COPY CERTIFICATE
STATE OF TEXAS
COUNTY OF HAFRIS
The fof88OinR Is a true .net COl'n!Ct ohalD8r8PtllC of
tittle or.glnal recore. now .n mi lawNl custody and PL~_
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I 'certiiy that this is.'. "ofiii' of propert"y, made u'nder' my
supervision, located at .)(" .f~"~c., in the City
of L~ /~,/~ . Harris County, Texas, being descrlbed as follows:
Lot No. /0' , Block No..s- , of 4~J Ar./t/.,l, Ch~~d
Subdlvlslon out of the ,)oh~5D'~ d~,Le" Survey, accord1ng to die plat
thereof recorded ln Volume ~; page -Z&:.. of the LJe'.::d Records of
Harrls County, Texas. , .
There are no encroachments and all 1mnrovements are within'the
boundary 11nes except 7?Dne. . .
Unless staked, do not use for construction purposes.
Bayshore En!lneerlng Co.
P. O. Box :362
La Porte, Texas 77571
GA 1- 3569
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September 5, 1984
I am addressing you on behalf of residents of Beck's addition to
Oakhurst addition concerning surveys.
The addition to Oakhurst was dedicated in 1926 in a very simple
manner. All lots are laid out with straight boundary lines, 900
corners, and the same width on each end except the lots following
the bay shoreline. It's very easy to measure - nothing difficult
to spot large encrqachments. All measurements I have taken to
fences and other reference points are within inches except for
two fences involving one property owner - one of the two fences
is eight-to-ten feet in public property on a right-of-way leading
to the bay. This right-of-way was dedicated to all the people of
the Oakhurst Addition, not just for the use of one property owner.
As you know, a survey was made in 1965 by a professional engineer
and registered in Texas for survey work. Survey stakes he placed
on Lot 18, Block 5, and other long-standing references point out
these encroachments. It's simple, easy to see and important. You
do not need a $3,500 survey. The evidence of encroachments I
mention are visible. Ask the encroacher to produce a registered
survey and show his property locating points. Don't tell all the
other residents of Oakhurst their surveys are wrong.
You are aware of the fences in question, they have been in their
present location a short time. There have been other fences on
Lots I and 2, Block 3, through the years; but none of the previous
owners elected to fence public property. I know first hand about
the location of all these fences. I was reared on the property
just west of Lots 2 and 3, Block 3; and my parents 'still reside
there. All long term residents in this area know where the old
fences were located.
I request you to act in a manner benefiting all citizens of Oakhurst
and LaPorte. Listen to your legal representative when he states the
law is strongly in favor of the City. You have all the evidence you
need. Please ask this property owner to remove his obstructions from
public property. This is all you have to do.
If we did not have people with this PacMan approach of gobbling up
property trying to alter well-defined property lines, our need for
surveys and attorneys would be less. You must act on these encroach-
ments I speak of. Think of the message you are sending this man, as
well as others in our community, if you do not act on these encroach-
ments. The encroachments I mention can be easily corrected. They
were called to your attention in a timely manner. They were called
to this property owner's attention prior to installation; no permit
was issued; and all of you know the facts I have presented are true.
This property owner is encroaching on public property.
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This property owner has fenced over a thousand square feet of
public property for his private use. You must ask this man to
remove his obstructions from public property.
I haven't consumed much of your time in the past or today. Facts
don't take long to present. Please do the right thing. It's easy.
It's simple.
I am presenting you a petition signed by property owners and residents
with their comments, and I ask to be recognized should I feel it
necessary to make another statement at this meeting.
Thank you.
Doyle E. Westergren
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Mayor Cline:
Mr. Skelton:
Mayor Cline:
Mr. Skelton:
Mayor Cline:
,
.
Mr. Westergren, we thank you for bringing a problem
to the Council, that we know exists on some
encroachments, and yes, we are aware that there are
some around town in various places. I think it is
probably time that this Council sets a policy to
how they are going to handle these problems when
they come to their attention. I have visited with
the City Manager, and the City Attorney, about the
proper way to handle this. And of course, as you
know, our City charter does state that the streets
are the public property of the City. And being
public property, I consider them to be public for
the citizens, also. I think what the City Council
needs to do at this time is to probably have a
workshop meeting of some kind to determine how they
want these problems handled when they are brought
to our attention, and a written policy drawn up.
And I think the bottom line is that the violations
that are in existence and come to our attention
will have to be removed, or some other method of
handling them. I'd like to ask the Council if they
have any questions of you before you sit down,
sir. Any member of the Council have any question
for Mr. Westergren?
I have a couple of comments, not a question. I
thought that our present ordinance would take care
of this. When you come in to get permits to
rebuild, re-do or anything, even if it is off or
wrong in the first place, our present ordinance
should take care of it in time. But perhaps we do
need a workshop to determine and set aside a
written policy for all the future Council, so that
they would not have the same problem. And I am for
having workshops at the nearest time we can set it.
May I ask Mr. Owen - on what you said, B. Don, when
you thought this was handled by the ordinance when
they come in to get a permit.
I said I thought our present ordinances would take
care of this like it did on the trailer homes that
were blown away. We did not allow them to go back.
Right.
~
~
Mr. Skelton: Because we have ordinances against them. The
permit - permitting section - of the City should
take care of this in time. When something wears
out, blows away, falls down, or has to be replaced;
but if that doesn't work, then perhaps we need a
written policy.
Mr. Matuszak: I'd like to make a comment, or ask just a question.
I understand that in a private life, if you build
your fence on somebody else's property for a couple
of years - let's say 18 years I think, is something
that comes to my mind. I don't know if that's in
fact the case, but if your fence 1s on somebody
else's property for a period of let's say 18 years,
and no one protests that, that under Texas law,
that land is yours. But I also understand that
there is an exclusion to this for public
right-of-way if this is not the case. If this is
the case, then I think this is rather black and
white, is it not? I mean that if you can't build
on public property, if it's not yours, without some
sort of an agreement with the governing body. Then
it's rather black and white, is it not, Knox?
Mr. Askins: You're correct. The adverse possession or
limitations title laws, it's strictly against
private property. You cannot limitate a title
against a city right-of-way, street, or an alley,
or any other parksite. Anything that is owned by a
governmental agency in Texas, regardless of the
length of time of use. To the other part of your
question, from a legal standpoint any obstruction
that is in a public right-of-way, if the City
determines that that obstruction is impeding City
functions for whatever purpose that right-of-way
was, whether it is utilities, or streets, or
whatever. The City has a right to what we call
summarily abate it, which means that they don't
have to go through court or anything just to assure
themselves with the proper up-to-date survey. You
know that the City is correct as to where the
property line is, which means that's where the
street right-of-way line begins, and I'll take a
very severe case. If someone, and this has
happened even in La Porte many years ago. Someone
~
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in the middle of the night decided to fence off
across the street to stop traffic. We had that
happen once. City crews just go out the next
morning and tear down the fence. I mean you don't
have to go to court or anything. The law is very
strong in favor of the public body - the
governmental body, on obstructions. The issue is
that La Porte, including, well, most of the
sections in La Porte on this side of the railroad
track, are very old plats, many of which were not
done in the modern way. You do get a subdivision
now with corners or blocks, and all the property
state monumented by the surveyors. The old 1890
plats of La Porte I don't think, was ever properly
located on the ground. A lot of the bayshore
community were plated in the 20's and a lot of that
work was a little bit better, but not a whole lot
better. So before the City can go out and remove
obstructions, if the Council makes that policy
decision to do so, you need fresh, up-to-date
surveys based on the best information that you can
get. So I think the policy decision for the City
to be thinking about as you approach this workshop
would be - you've got a town; I can tell you as an
attorney who handles a lot of real estate activity
and transfers in this town - you've got a town that
has encroachments - house eaves, garage eaves,
buildings over property lines, in all the sections
of town of what I'd call Lomax, Spenwick, now just
about everything but Fairmont Park and some of
those newer subdivisions that have been platted the
last 15 or 20 years. You have a wide proliferation
of this type of thing. Most of it is not a large
obstruction; maybe six inches, a foot or something
like that, the surveyors will pick it up, but it
really doesn't hurt anything. When I say it
doesn't hurt anything, it doesn't hurt the City's
ability to furnish services or to keep a
thoroughfare open to traffic. The policy that this
City, and I think most cities that I am aware of,
have taken over the years is unless someone
complains or unless it is hurting City activities,
nothing is done about it by the City because it is
an expense both from the standpoint of getting
proper surveys, because it's going to have to be
Mr. Matuszak:
Mr. Askins:
Mayor Cline:
Mr. Malone:
Mr. Wester-
gren:
Mr. Malone:
.
.
the City surveying, not the property owners. And
it's time consuming to personnel, and it's the age
old question of where do you put your City
personnel? What do you have them doing on that
day's work? Just given enough money, you can
remove - you know and if you made the policy
decision to do so, you can remove all the
obstructions in town. So that just been the you
know, the policy, that this City and most others
have, you know, followed over the years.
On that regard - excuse, me, Norman. I'd certainly
like to approach it and set a policy one way or
another. I think it would warrant this.
I think the Mayor's suggestion of having a workshop
and what the staff needs to hear from the Council
is your policy decision of how much time and
energy, which is money - tax payer money - that you
want them to spend on this problem and to what
extent. Are you going to do it like the weed
ordinance, where it's on a complaint basis only?
Where are you going to draw the line? The law is
with you, totally and very strongly. It's just up
to Council.
Councilman Malone, did you have something?
Well, in 1965, about 20 years ago, Mr. Counts
surveyed this property?
Yes, sir. Mr. Counts did survey the property. I
went through some extensive measurements down there
and invited several of you all to accompany me on
those measurements. The survey stakes, one which
is on a direct corner. I used another survey stake
on the next property line as an eyeball guide to
make a mark in the road, and from that mark in the
road I measured two other fences, and two other
stakes, and they all followed the plat within
inches, and this was over a distance of 310 feet in
one directiono
Well, when Mr. Counts surveyed it, did he put a
permanent stake or a marker there?
Mr. Wester-
gren:
Mr. Malone:
Mr. Wester-
gren:
Mr. Malone:
Mr. Wester-
gren:
Mayor Cline:
Mr. Owen:
Mayor Cline:
Mr. Owen:
Mayor Cline:
Mr. Owen:
.
,
I believe that Mr. Counts' survey states that he
found the original survey stakes and that there
were no encroachments on this particular piece of
property where the stakes were installed.
And that was in '65?
That was in '65, yes sir. I feel those stakes,
from what measuring I have done, are very good;
especially I think they're very good if we can go
in there from a starting point - wherever - I'm so
surveyor.
There's bound to be a bench mark somewhere close
by.
And find the old stakes and then just by means of
measurement, the other fence lines and property
line and street right-of-ways seem to jive out
within inches.
Mr. Owen, the city crews are doing this road work
in the Oakhurst Addition?
Yes, the work is being done by the city crews.
Have they done any kind of surveying or looking for
corner stakes or anything to determine the width of
this particular area? Of the street?
Our crews have not. In other words, they would
reconstruct, in other words, where the road way
was.
My question is, has the City made an effort to
determine whether or not there is an encroachment
on this particular street right-of-way?
We have not. I would feel that we would need a
survey. The survey that Mr. Westergren is
referring to may be ever so adequate; however, I
would not, myself, feel perfectly safe, I'll say,
with using something like that unless we had a
Mayor Cline:
Mr. Owen:
Mayor Cline:
Mr. Owen:
Mayor Cline:
Mr. Owen:
Mr. Malone:
Mayor Cline:
Mr. Malone:
Mr. Owen:
Mr. Skelton:
.
,
survey, an up to date survey, made. And I would
defer to our legal attorney there as to whether or
not that would be the proper legal method to go
about it.
Well, it seem we have a pressing problem here, with
the equipment on site and ready to do this road
work and they're being held up and have not
finished it?
I'm not sure of the schedule on that, Mayor. I've
not checked that recently. I did ask them some
week and a half ago to stop until we could
determine whether or not we had adequate
right-of-way there to construct the street. We
feel that there is still adequate right-of-way to
construct the street, so I have not instructed them
to, I'd say, hold up forever on it.
Well, then, the question is we know that there's
adequate right-of-way then, to construct a how
much? Twenty foot hard top?
Twenty foot section.
But we still are aware of an encroachment onn the
street right-of-way.
Yes, according to Mr. Westergren and others there.
Well, are we building a road where a road was
already there, or are we just black topping it?
Yes, we're reconstructing.
We're going over an old road that's been there for
quite awhile?
Yes, that is correct.
We're building a road that's presently there, but
there's no ditches there; they've got to dig a
ditch on one side or the other, the way I would
think.
Mr. Malone:
Mr. Skelton:
Mr. Wester-
gren:
Mr. Skelton:
Mr. Wester-
gren:
Mr. Malone:
Mr. Wester-
gren:
Mr. Malone:
Mr. Wester-
gren:
Mr. Malone:
Mayor Cline:
.
.
And that's what's encroaching, would be the ditch
that's encroaching on your property?
I don't know which side they'll' decide to dig the
ditch on. There's no ditches there, is that right?
No sir, there are no ditches there.
And there will be a ditch?
One thing that I did notice, and it was stated that
it would be roads over an existing old road, my
inspection revealed that next to the fence the old
hardtop is still there and I see where it has been
graded with part of the old hardtop still in that
area and your road bed section starting out here.
Your road bed section going over into your
property, then?
Yes sir. The hardtop that was put in there, I
don't know when, a long time ago.
So they're not really actually staying on the old
hardtop road; they're moving over to one side?
That is correct, sir. The old hardtop road, as
well as I can remember it, was in the center of the
right-of-way. I know that the fence that is there
now would prohibit the right-of-way from being put
in the center properly. And your road construction
crew is doing a good job. I guess they're doing
all they can do; they're trying to put it down the
center, but they need a little engineering help so
that they can center the road up.
Is this our crew doing the work?
Yes, it's our street crew. But if they center the
road up, this is my question to the staff here, Mr.
Westergren: if they center up the road on what is
supposed to be the allowed amount of right-of-way,
Mr. Wester-
gren:
Mr. Malone:
Mr. Wester-
gren:
Mr. Malone:
Mayor Cline:
Mr. Matuszak:
Mr. Wester-
gren:
Mayor Cline:
.
.
then one side or the other of that street is going
to be short. If it's 30 foot and you center it up
15, and if you go to the one side where the
encroachment is, you're only going to have maybe 12
foot of blacktop and the other side you're going to
have 15?
Well, I think Mr. Owen was saying that there will
be a 20 foot hardtop on a 30 foot right-of-way.
Well, these other people out here with you to
discuss this?
There are some folks from that addition that if you
would like to call on them, I don't know whether
they'd like to speak or not.
I just wondered if there are more people involved
and if we're going to have a workshop on it, we'll
need to discuss this and look further into it.
Well, let me clarify something, Council. My
suggestion to have a workshop was not really to
take care of this particular problem before you
tonight, but for the Council to say that if and
when violations are brought to the attention of the
staff we need to set a policy for the staff to
follow so that each and every violation will be
handled in the very same manner.
I'd say that's a fair answer, yes, but I think that
we need to resolve this one at the same time. I
mean, Mr. Westergren is coming and asking for a
resolution. I'm not totally clear on how he is
being harmed by this, but I can understand what the
problem is, and I think that this whole thing needs
to be brought up and resolved one way or the
other. And if we're going to set policy in doing
this, or set a precedent, so be it - let's do it.
May I say something?
Yes, sir.
.
.
Mr. Wester-
gren:
I certainly feel that the road construction on
those two right-of-ways in question be halted
before we get anything down there permanently. A
permanent structure is rather hard to move.
Mayor Cline: That's what I'm thinking, and tonight, Mr.
Westergren, we need to, I think, authorize the
staff, or Mr. Owen, City Manager, to go ahead and
have a survey of this done and get this problem
settled as legally and according to the
right-of-ways as we can, and not hold up the road
work any longer than we have to. Once the
equipment is on site, I'd like to see it go ahead
and get all the streets that's in that area
finished while they're there. Would there be any
objections from Council for Mr. Owen to be
instructed to have a full-fledged survey of this
area done, and determine where the right-of-ways of
this street and Oakhurst Street going into the
subdivision are?
Mr. Gay: Mayor Cline, would this be done by City employees
in-house, or would we go out for a contract?
Mayor Cline: We will have to hire an outside surveyor; City
staff is not qualified to handle it..
Mr. Pfeiffer: Mayor, I'd like to have a cost estimate of what
we're getting ready to do, because there's many
places in the City that if we start doing it now
you might have a bunch of them pop up and it could
go into quite a sum of money. I do agree that when
we have problems that interfere with the public
access of zoned properties, that we do need to
remedy the problem. But I know of several in town,
too, but I don't think any detriment to the public
but maybe somebody started complaining about them,
then we would have to do the same thing and we
could run into large sums of money. I'd like to
have Jack possibly hold up construction, but then
give us a report back on tentative costs of doing
this and then we could give him the go ahead. It
doesn't have to be a Council action or anything;
just poll the Council on their feelings. But I
would like to know what we're talking about in
costs.
Mr. Skelton:
Mr. Malone:
Mayor Cline:
Mr. Gay:
Mayor Cline:
Mr. Owen:
Mayor Cline:
Mr. Wester-
gren:
Mayor Cline:
.
-
Perhaps the Council could set up a "no more than"
situation, so that if we could get it within that
amount we could go ahead and save time.
Also, we may have it like when you read your water
meter when you complain about your water meter and
we send a crew out there to read it and it's
correct, the meter is not damaged, well then the
customer pays for the inspection or service; and we
could do the same thing with the survey.
Councilman Gay?
Mayor Cline, I also feel as Mr. Pfeiffer and Mr.
Skelton. I also would like to have a cost on it.
As Mr. Skelton said a few minutes ago, it would be
hard, really, for Mr. Owen to; he could probably
give us an estimated cost on what it would cost and
we couldn't say if there was a certain amount to be
spent on this project, because it could exceed
$3,000, it could exceed $7,000. So we, as a body,
right now couldn't give him this amount of
expenditures to spend on it, so I would like for
Mr. Owen, if it's possible, to give us an estimated
input of some kind.
O.K., Mr. Owen?
Yes. May I offer a suggestion on this? I would
propose that next week, if we have a quorum, that
we have a workshop anyway next week. And at that
time we could come back to you, I feel sure, with a
survey cost estimate.
All right, sir. Any other comments from the
Council? All right. The construction work will be
held up until Mr. Owen can look into the cost of
getting the area surveyed, and we'll come back to
the Council next week prior with our workshop.
I appreciate you for your time and discussion.
Thank you.
Thank you, Mr. Westergren. Thank you, sir.
Mr. Skelton:
Mayor Cline:
.
,
Mayor, are we going to include that on the special
called meeting with the workshop?
Not unless Mr. Owen determines that it needs some
action. If not, he can just give us a report on
it.
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CERTIFIED COP\' CERnFlCATE
BrATE OF TEXAS
COUNTY OF HARRIS
The fanl80Ina Is a true and CDmICt C'hoto&nlphJc capy c:JI
... orf8Inal record. now In m.t 'awful CUItIlldy and pCIf-RIan.
tued on the date.tamped thlnlOlland ncorded In the RIccII'd.
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JUDY SWORD
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;~e Stats of TS.&8. County of Ha~~18.
I. Lou18 Beck. owner or t~e land ehown on above
1
pl~t. beinE ths Ho~tbern po~tlon of tot I~. Twenty-slx (26). ln t~e W. B. Lowrance Subdlvlslon
,r the J"hnBOD-~UDtelr and 'IUlla.. P. Harrls teague. 81tuated ln Harrls Oounty. T~.a8. accor:l.ln~
to :ap or plat of sald subdivlslon rsoorded in vol. 8l. pages 596. and 579. of Deed Records of
Harrls ~~UDty. Texas. hereln referred to and made par' hereof, do hereby subdlvlde sald
iorthern portion or sald Lot 10. 2&, lnto Blooks and tote. accordlng to the toreEoln~ attached
plat thereof. tbe sa:e belas Beck's A4dlt~on to Oakhu~s' Addltlon, ae l' adjolne Oakhurst Addl-
tlon Yhlch ls FhOWD ln vol. 557. page 11. of Deed Records of Harrle County, and I hereby ded-
lcate Pa~k Streit. Bay St~eet. Oak 8trlet and -I- Street to the UBe of the pur=h&8er or pur-
ch&8erB of Bald Lots and Blocks for the use of travel only. and I reserve to Myself the fee
sl~ple tltle In aDd to all of lald strsets. subject only to sald uee of 'ravel; and I further
reserve and re'alD an e....eD' four (~) feet wldl along the Bay ehore frqnt o! all of Block 10.
Three (J) In .y eubdlvlsloD alore.ald. for 'be use of pedestrlanl. purcba.ere of sald lote aDd
tlooks, ~r tbe ~. of travel only. Wltne.l.y haDd at Houston, Texas. on tblB tbe 28th 4ay
,f Aprll. A. D. 1926. Loull Beck.
The State of Texas, COUll'y of RarrU. Befo~e me. tbe uDderslgned Jotary Publlc ln and. for
Harrl. COUD',. 'l'ezas. on thll day penoDally appeared LouiB--Beck. known to 1IIe to be tbe person
RO.I DIlle ls aubecrlbe4 to the foreB01DS in.tJ"..ent of wrlUng. and he acknowledged to 1IIe tbat
b. executed 'b. .... for tb. purposel and con.ldl~ations therlin exp~esse4. Olven und.r .~
head aDd offlcial .eal at Hou.ton. Tex.., on 'hi. tb. 28th day of Ap~il.A,D.,l~26.
Belll. .orrl.. lo'ary Publ1C In aDd for Harrl. COUllty. Texa..(Seal).
rlled for record 1~rll 28,1926 at 12:25 o'clook P.I.Recorded 1pril 30,192b at 11:20 o'clock A.K
/.~~ ~ "" ~ . . ,./ . - .
//,//./"IT. ,--,,_~ ~~ Clerk CoUll'y Coun.Harrl. County,T8Xas.B,,#. ". Deput,
__________________t___________________________
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caflmm COPY CERnFlCATE
BrATE OF TEXAS
COUNTY OF HARRIS
Th!! foRl8Oil1g,s I true and comJCt ohotogrephlc CODY c:JI
.... orl81R81 recora. now In mi lawN. custacly and POll II.
IIIIld on the datil l18mPBd trIBr8011lnd recorded In the _.
VOlume and PelI8_atamped u.r.on.I__OIrIIf>>o..-
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JUDY SWORD
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I cert1ty that th1s ls 0 clat of property, made under my
supervlslon, located at . X" J/",t!'c-,1 1n the Clty
of Lq /~'/c , Harrls County, Texas, be1ng descrlbed as follows:
Lot No. /0' p Block No..s- , of .i'tedJ .4d'd:,,4 ~~~
Subd1v1slon out ot the ....Jt':lh'/)5'on d~.,te" Survey, accord1ng to the plat
thereof recorded in Volume ~. page ~ ot the LJf!"-:d Records of
Harrls County, Texas. .
There are no encroachments and all lmprovements are withln.the
boundary lines except 7?L:'Jrlr::. '
Unleos atsked. do not use tor constructlon purposes.
Bayshore Engineer1ng Coo
p. O. Box 362
La Porte, Texas 77571
GA 1-3569
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September 5, 1984
I am addressing you on behalf of residents of Beck's addition to
Oakhurst addition concerning surveys.
The addition to Oakhurst was dedicated in 1926 in,a very simple
manner. All lots are laid out with straight boundary lines, 900
corners, and the same width on each end except the lots following
the bay shoreline. It's very easy to measure - nothing difficult
to spot large encroachments. All measurements I have taken to
fences and other reference points are within inches except for
two fences involving one property owner - one of the two fences
is eight-to-ten feet in public property on a right-of-way leading
to the bay. This right-of-way was dedicated to all the people of
the Oakhurst Addition, not just for the use of one property owner.
As you know, a survey was made in 1965 by a professional engineer
and registered in Texas for survey work. Survey stakes he placed
on Lot 18, Block 5, and other long-standing references point out
these encroachments. It's simple, easy to see and important. You
do not need a $3,500 survey. The evidence of encroachments I
mention are visible. Ask the encroacher to produce a registered
survey and show his property locating points. Don't tell all the
other residents of Oakhurst their surveys are wrong.
You are aware of the fences in question, they have been in their
present location a short time. There have been other fences on
Lots 1 and 2, Block 3, through the years; but none of the previous
owners elected to fence public property. I know first hand about
the location of all these fences. I was reared on the property
just west of Lots 2 and 3, Block 3; and my parents still reside
there. All long term residents in this area know where the old
fences were located.
I request you to act in a manner benefiting all citizens of Oakhurst
and LaPorte. Listen to your legal representative when he states the
law is strongly in favor of the City. You have all the evidence you
need. Please ask this property owner to remove his obstructions from
public property_ This is all you have to do.
If we did not have people with this PacMan approach of gobbling up
property trying to alter well-defined property lines, our need for
surveys and attorneys would be less. You must act on these encroach-
ments I speak of. Think of the message you are sending this man, as
well as others in our community, if you do not act on these encroach-
ments. The encroachments I mention can be easily corrected. They
were called to your attention in a timely manner. They were called
to this property owner's attention prior to installation; no permit
was issued; and all of you know the facts I have presented are true.
This property owner is encroaching on public property.
1rj}(}fffS
e
e
This property owner has fenced over a thousand square feet of
public property for his private use. You must ask this man to
remove his obstructions from public property.
I haven't consumed much of your time in the past or today. Facts
don't take long to present. Please do the right thing. It's easy.
It's simple.
I am presenting you a petition signed by property owners and residents
with their comments, and I ask to be recognized should I feel it
necessary to make another statement at this meeting.
Thank you.
Doyle E. Westergren
,
e
e
e
.
.
September 5, 1984
I am addressing you on behalf of residents of Beck's addition to
Oakhurst addition concerning surveys.
The addition to Oakhurst was dedicated in 1926 in a very simple
manner. All lots are laid out with straight boundary lines, 900
corners, and the same width on each end except the lots following
the bay shoreline. It's very easy to measure - nothing difficult
to spot large encroachments. All measurements I have taken to
fences and other reference points are within inches except for
two fences involving one property owner - one of the two fences
is eight-to-ten feet in public property on a right-of-way leading
to the bay. This right-of~way was dedicated to all the people of
the Oakhurst Addition, not just for the use of one property owner.
As you know, a survey was made in 1965 by a professional engineer
and registered in Texas for survey work. Survey stakes he placed
on Lot 18, Block 5, and other long-standing references point out
these encroachments. It's simple, easy to see and important. You
do not need a $3,500 survey. The evidence of encroachments I
mention are visible. Ask the encroacher to produce a registered
survey and show his property locating points. Don't tell all the
other residents of Oakhurst their surveys are wrong.
You are aware of the fences in question, they have been in their
present location a short time. There have been other fences on
Lots 1 and 2, Block 3, through the years; but none of the previous
owners elected to fence public property. I know first hand about
the location of all these fences. I was reared on the property
just west of Lots 2 and 3, Block 3; and my parents still reside
there. All long term residents in this area know where the old
fences were located.
I request you to act in a manner benefiting all citizens of Oakhurst
and LaPorte. Listen to your legal representative when he states the
law is strongly in favor of the City. You have all the evidence you
need. Please ask this property owner to remove his obstructions from
public property. This is all you have to do.
If we did not have people with this PacMan approach of gobbling up
property trying to alter well-defined property lines, our need for
surveys and attorneys would be less. You must act on these encroach-
ments I speak of. Think of the message you are sending this man, as
well as others in our community, if you do not act on these encroach-
ments. The encroachments I mention can be easily corrected. They
were called to your attention in a timely manner. They were called
to this property owner's attention prior to installation; no permit
was issued; and all of you know the facts I have presented are true.
This property owner is encroaching on public property.
e
e
e
.
.
This property owner has fenced over a thousand square feet of
public property for his private use. You must ask this man to
remove his obstructions from public property.
I haven't consumed much of your time in the past or today. Facts
don't take long to present. Please do the right thing. It's easy.
It's simple.
I am presenting you a petition signed by property owners and residents
with their comments, and I ask to be recognized should I feel it
necessary to make another statement at this meeting.
Thank you.
Doyle E. Westergren
.
.
"..
....
e
KNOX W. ASKINS, .J. D., p, C.
ATTORNEY AT LAW
.JOHN 0, ARMSTRONG, .J.e,
ASSOCIATE
702 W, F'AIRMONT PARKWAY
P. 0, BOX 1218
LA PORTE, TEXAS 77571-1216
TELEPHONE
713 471-1886
September 5, 1984
Honorable Mayor
and City Council
CITY OF LA PORTE
City Hall
La Porte, Texas 77571
Dear Ladies and Gentlemen:
Mayor Virginia Cline has requested my opinion as
obligations, if any, concerning encroachments onto
rights-of-way in the City of La Porte.
to the
public
City's
street
e,
Public street and alley-ways, as indicated by recorded plats of
subdivisions within the City of La Porte, and other dedicated public
ways, are within the jurisdiction of the City, as to whether or not
they are to be built, maintained, and operated as public streets and
rights-of-way, or not. Once built, maintained, and operated as public
right-of-way, the City has a duty to exercise ordinary care in main-
taining streets and sidewalks in a reasonably safe condition, for
travel by those using them in a proper manner. In building, main-
taining, and operating streets, cities are engaged in a proprietary,
as opposed to a governmental, function.
Ordinarily, any house, building, fence or vegetation, constructed or
allowed to remain in a street or alley, constitutes a nuisance that
may be summarily abated by the City. Summary abatement means that
the City may remove the encroachment without necessity of court
action.
As you know, the City of La Porte, as is the case in many older
communi ties, has extensive encroachments of buildings, fences, and
vegetation, into street and alley public rights-of-way. The vast
majori ty of such encroachments are of a minor nature, and are Ot
no consequence to the City, nor to public utilities holding franchises
from the City, in their use and operation in City rights-of-way.
e
The City of La Porte has, in the past, followed the general policy
which is recognized by most cities, which is to summarily abate
encroachments in public rights-of-way which it deems to be a hazard
to the traveling public,. or which it deems to be an obstruction to
the use of the rights-of-way by itself or other franchised public
utilities, while tolerating minor encroachments which do not interfere
with the traveling public or with utility operations.
e
e
e
.
,.' ..--
Honorable Mayor
and City Council
La Porte, Texas
.
Page 2
9/5/84
In my opinion, the City has no constitutional, charter, or statutory
duty to police and remove any and every encroachment from public
right-of-way, no matter how minor or trivial it might be. To do so
would be costly in terms of surveying and manpower cost to remove.
On the other hand, the City should not, and has not, hesitated to
immediately summarily remove any encroachment which is a hazard.
The above pOlicy has worked well over the years in the City of La Porte,
as well as in most other cities, and I recommend that it be continued
in the future. Matters of this type rareily come before City Council,
because, in the past, if the encroachment was a problem, it was
immediately removed. Council has been advised that the dispute
presently before Council, involving alleged fence and tree encroach-
ments in Oak Hurst Subdivision, does not, in the opinion of City
Public Works Department, affect City or utility company operations.
City Council may, nevertheless, secure an up-to-date survey of the
area involved by a licensed Texas public surveyor, and summarily
remove the encroaching trees and fences. This is a policy decision
for City Council to make. However, I would emphasize that the City
has no affirmative obligation to investigate, survey, or remove minor
encroachments. To do so in this instance will undoubtedly unleash
numerous requests from citizens in other parts of the City to arbitrate
what are essentially neighborhood disputes, and have the City bear
the cost of the survey and removal of minor encroachments.
KWA: kr
Yours very truly,
{Z:dM
Knox W. Askins
City Attorney
City of La Porte
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CAPITAL IMPROVEMENT FUND
1983 - 1984
e
.
.
CAPITAL IMPROVEMENT FOND
1983-1984
-REVENUE :
Beginning Balance
'Transfer Fran General Fund
Interest Incane
'lUI'AL REVENUE
EXPENDITURES :
ADMINISTRATION
Engineering Expansion.
Data Processing Hardware
Data Processing Software
Data Processing Installation
Contract
FIRE SUPPRESSION
Aerial Fire Truck
OOLICE
Land Improvement
Firing Range
Recording System
e
PARKS & RECREATION
Fainront Park Improvement
*District 6 Park Acquisition
*Acquisition of Additional
Property-Northside Park
Outdoor Recreational Area
*Final Purchase of Land on
Little Cedar Bayou
*Lighting for Soccer Field
*Concession Stand
PUBLIC WORKS - ENGINEERING
Flood & Drainage Improvements
Reconstruction of Streets
Coupland Drive Improvement
Storm Sewer - Fainront Park to
AriZDna and East "E" ROW
Airport Improvement-F.A.A.
Construction Grant
Contingency
e '
'!UrAL CAPITAL IMPROVEMENT EXPENSES
YEAR END BALANCE
.
$ 823,935
628 , 385
10,319
200,000
450,000
69,810
28,575
$ 748,385.00
50,000
$ 50,000.00
100,000
$ 100,000.00
$ 1,462,~39,OO
$'1,462,639.00
-0-
.
CAPITAL IMPROVEMENT FUND
1982-83
e
REVENUE:
Beginning Balance
Transfer From General Fund
Interest
EXPENDITURES:
FIRE SUPPRESSION
Truck Bay Station 1
Office Addition, Station 1
Contingency
ADMINISTRATION
Master Plan
City Hall Improvement
Computer Implementation
Contingency
)UBL I C WORKS
Sidewalk Improvement
Flood & Drainage Improvements
.arage Improvement
ecurity Alarm System
Contingency
Reconstruction of Streets
Two Dump Trucks and Radios
~RKS & RECREATION
District 6 Park Acquisition
Northside Park Acquisition
Cedar Bayou Park Improvements
Cedar Bayou Parking Lot
Contingency
Rodeo Arena Lomax
Lomax Field
Lighting for Soccer Field
Swimming Pool Rehabilitation
Contingency
GINEERING
Desk Top Computer
Contingency .
:AL CAPITAL IMPROVEMENT
'~ITURES
\R END BALANCE
BUDGETED
$ 1,527,577
797,848
-0-
$ 2,325,425
$
50,000
125,000
17,500
192,500
$
$
75,000
85,000
220,000
21,000
401,000
$
$
29,900
221,000
50,000
15,000
100,000
983,000
36,200
1,435,100
$
$
10,000
14,000
102,770
63,000
18,977
16,000
22,125
5,475
26,478
7,000
285,825
$
$
$
10,000
1,000
11,000
$
2,325,425
-0-
e
12 MONTH ESTIMATE
$ 1,527,577
797,848
12,500
$ 2,337,925
$
20,000
50,000
.,..0-
'/0, 000
$
$
75,000
85,000
220,000
21,000
401,000
$
$
-0-
40,000
40,000
13,036
-0-
763,000
35,955
891,991
$
$
-0-
-0-
9,000
73,485
10,485
1,000
20,449
-0-
23,230
3,000
140,649
$
$
$
9,750
600
10,350
$
$
1, 513~ 990
823,935
e
e
CITY OF LA PORTE
CAPITAL IMPROVEMENT REQUEST
e DEPARTMENT
ADMINISTRATION
JUSTIFICATION:
DIVISION
DIVISION NUMBER
ADMINISTRATION
600
Building Renovation: Close in lObby area outside of drafting area to
create needed office space. Proposed plate glass and blinds for ease
and econ<:>my. '
CAPITAL OUTLAY
OBJECT UNIT
ODE NO. COST
TOTAL
DESCRIPTION
illlATTON
CONTRACTURAL AND COMMODITIES
SUMMARY OF THIS REQUEST
OBJECT OBJECT
CODE DESCRIPTION AMOUNT CODE PROPOSED APPROVED
800 10 000
-
.
e
CITY OF LA PORTE
CAPITAL IMPROVEMENT REQUEST
e DEPARTMENT
ADMINISTRATION
JUSTIFICATION:
DIVISION
DIVISION NUMBER
DATA PROCESSING
606
Funds needed for additional hardware and software for future growth,
Hardware to include additional disk drives, printers, CRT's and memory
fpr CPU. This should include the maintenance and installtion and
insurance.
CAPITAL OUTLAY
~
OBJECT UNIT
ODE NO. COST TOTAL DESCRIPTION
902 1 56,700 56,700 ADDITIONAL COMPUTER HARDWARE
902 1 11,050 11,050 ADDITIONAL SOFTWARE
,
CONTRACTURAL AND COMMODITIES
SUMMARY OF THIS REQUEST
OBJECT OBJECT
CODE DESCRIPTION AMOUNT CODE PROPOSED APPROVED
900 67,750
e
.
CITY OF LA PORTE
CAPITAL IMPROVEMENT REQUEST
e DEPARTMENT
ADMINISTRATION
JUSTIFICATION:
DIVISION
DIVISION NUMBER
DATA PROCESSING
606
HMS installation assistance expense as per contract for 1983-84,
CAPITAL OUTLAY
-
OBJECT UNIT
CODE NO. COST TOTAL DESCRIPTION
,
CONTRACTURAL AND COMMODITIES
SUMMARY OF THIS REQUEST
OBJECT OBJECT
CODE DESCRIPTION AMOUNT CODE PROPOSED APPROVED
507 CONTRACT WITH HMS 52800 500 52,800
e
e
CITY OF LA PORTE
CAPITAL IMPROVEMENT REQUEST
e DEPARTMENT
FIRE
JUSTIFICATION:
DIVISION
DIVISION NUMBER
501
FIRE SUPPRESSION
We would like to select and purchase a site for a new Station 3 to'be built,
in the future. The present station is in the middle of a Park & Recreation
area. It is an extreme hazard to the children. Also the large number of
vehicles'around the station poses a hazard during responses.
19,300 Sq. ft. @ $3.00 per Sq, ft.
CAPITAL OUTLAY
e
OBJECT UNIT
CODE NO. COST TOTAL DESCRIPTION
701 1 58,000 58,000 LAND SITE FOR FIRE STATION #3
,
CONTRACTURAL AND COMMODITIES
SUMMARY OF THIS REQUEST
-
OBJECT OBJECT
CODE DESCRIPTION AMOUNT CODE PROPOSED ' APPROVED
700 58,000
e
e
CITY OF LA PORTE
CAPITAL IMPROVEMENT REQUEST
e DEPARTMENT
POLICE
JUSTIFICATION:
DIVISION
ADMINISTRATION
DIVISION NUMBER
502
Parking space during daylight hours around the Police Administration buildi~g
is a problem. With the activities involved from all occupants of.the
building, there are daily parking of vehicles along the street throughout
the 900 Block of South 8th. This not only constitutes a traffic hazard, but
it also endangers lives of the elderly people who must cross the street.
CAPITAL OUTLAY
.
OBJECT UNIT
ODE NO. COST TOTAL DESCRIPTION
702 1 53 250 53,250 PARKING LOT-1775 SQ. YDS AT $30/YD.
,
CONTRACTURAL AND COMMODITIES
SUMMARY OF THIS REQUEST
OBJECT OBJECT
CODE DESCRIPTION AMOUNT CODE PROPOSED APPROVED
700 53,250
e
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CITY OF LA PORTE
CAPITAL IMPROVEMENT REQUEST
-DEPARTMENT
POLICE
DIVISION
PATROL
DIVISION NUMBER
'50,3
JUSTIFICATION:
Availability of an in town range for proper and more frequent training of
Police Officers. State standards now require all officers to qualify with
their duty weapons at least once a year. Todays trend in court cases are
showing more and more officers and their employees being sued due to lack
of training and/or improper training in shooting cases. Civil litigation
is present when officers are not properly trained in proper use of firearms
including training in moving targets; nighttime shooting and shoot-don't
shoot situations. With an in town range under the care and custody of
presently trained firearms instructors, the range-eQuId be adapted for use
and training in all of the above mentioned aspects. Utilizing the present out
of town ranges, training is m~nim~l~,and it~s restricted to the capabilities
of said range and time paramenters.
CAPITAL OUTLAY
.
BJECT UNIT
ODE NO. COST TOTAL DESCRIPTION
702 1 10,000 10,000 FIRING RANGE
,
CONTRACTURAL AND COMMODITIES
SUMMARY OF THIS REQUEST
OBJECT OBJECT
CODE DESCRIPTION AMOUNT CODE PROPOSED APPROVED
-
700 10,000
-
.
.
CITY OF LA PORTE
CAPITAL IMPROVEMENT REQUEST
e DEPARTMENT
POLICE
JUSTIFICATION:
DIVISION
AUXILIARY SERVICES
DIVISION NUMBER
-'508 _
In the event the new recording system is not allowed, we will need 50
new tapes and $2,500.00 worth of repair work on the machine to bring it
into the.proper operating condition.
CAPITAL OUTLAY
e
OBJECT UNIT
CODE NO. COST TOTAL DESCRIPTION
902 50 55 2750 RECORDING TAPES
902 2500 2500 REPAIR OF RECORDING SYSTEM
,
CONTRACTURAL AND COMMODITIES
SUMMARY OF THIS REQUEST
OBJECT OBJECT
CODE DESCRIPTION AMOUNT CODE PROPOSED APPROVED
900 5250
e
e
CITY OF LA PORTE
CAPITAL IMPROVEMENT REQUEST
e
DEPARTMENT
PARKS & RECREATION
JUSTIFICATION:
DIVISION
PARKS MAINTENANCE
DIVISION NUMBER
800
The rapid expansion of the Fairmont subdivision has prompted the request
for the future development of the Fairmont Park,
CAPITAL OUTLAY
-
OBJECT UNIT
CODE NO. COST TOTAL DESCRIPTION
702 2 900 1800 SHELTERED PICNIC TABLES
702 1 4200 ASSORTED PLAYGROUND EQUIPMENT
,
CONTRACTURAL AND COMMODITIES
SUMMARY OF THIS REQUEST
OBJECT OBJECT
CODE DESCRIPTION AMOUNT CODE PROPOSED APPROVED
700 6,000
e
e
CITY OF LA PORTE
CAPITAL IMPROVEMENT REQUEST
e DEPARTMENT
PARKS & RECREATION
JUSTIFICATION:
DIVISION
PARKS MAINTENANCE
DIVISION NUMBER
'800
The existing light poles at the Lomax Rodeo Arena have deteriorated to the
extent that at this time they should be considered a safety hazard. Replacing
the poles would entail removing the lighting system from the existing poles
and rewiring and mounting the lighting system on the newly installed poles.
A new announcers booth is also needed due to the fact that the existing
booth is no longer structurally sound.
CAPITAL OUTLAY
e
OBJECT UNIT
CODE NO. COST TOTAL DESCRIPTION
801 1 9,000 9,000 ANNOUNCERS BOOTH
807 1 4,090 4,090 REPLACEMENT OF LIGHT POLES/REWIRING SYSTE
807 8 600 4,800 60 FT. CLASS ONE. LIGHT POLES
,
M
CONTRACTURAL AND COMMODITIES
SUMMARY OF THIS REQUEST
OBJECT OBJECT
CODE DESCRIPTION AMOUNT CODE PROPOSED APPROVED
800 17,890
I
e
e
CITY OF LA PORTE
CAPITAL IMPROVEMENT REQUEST
e DEPARTMENT
PARKS & RECREATION
JUSTIFICATION:
DIVISION
DIVISION NUMBER
PARKS MAINTENANCE
800
A fence is needed for the east boundary of the Lomax park complex. A
parking lot is also needed for the Lomax Rodeo Arena.
CAPITAL OUTLAY
-
OBJECT UNIT
CODE NO. COST TOTAL DESCRIPTION
702 1 16,000 16,000 PARKING LOT FOR LOMAX RODEO ARENA
802 1 4 400 4,400 FENCE FOR LOMAX PARK COMPLEX
,
CONTRACTURAL AND COMMODITIES
SUMMARY OF THIS REQUEST
OBJECT OBJECT
CODE DESCRIPTION AMOUNT CODE PROPOSED APPROVED
700 16 000
800 4 400
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CITY OF LA PORTE
CAPITAL IMPROVEMENT REQUEST
e
DEPARTMENT
PARKS & RECREATION
JUSTIFICATION:
DIVISION
PARKS MAINTENANCE
DIVISION NUMBER
800
An additional softball diamond is needed to accomodate the ever increasing.
interest in league softball. The motorcycle cross park located off of
North Broadway has more than ample space for construction of a softball .
diamond and a parking lot,
CAPITAL OUTLAY
<<
BJECT UNIT
CODE NO. COST TOTAL DESCRIPTION
702 1 15,000 15,000 CONSTRUCTION OF SOFTBALL DIAMOND
802 1 10,000 10,000 FENCE
807 1 17,900 17,900 POLES/LIGHTING SYSTEM & INSTALLATION,ETC.
,
CONTRACTURAL AND COMMODITIES
SUMMARY OF THIS REQUEST
-
-
OBJECT OBJECT
CODE DESCRIPTION AMOUNT CODE PROPOSED APPROVED
700 15,000
800 27,900
.
e
CITY OF LA PORTE
CAPITAL IMPROVEMENT REQUEST
e
DEPARTMENT
PARKS & RECREATION
JUSTIFICATION:
The rapid expansion of the Creekmont subdivision has prompted the request
for the firther development of the Creekmont Park. We would like to construct
a combination tennis-basketball court and additional playground equipment
is needed.
DIVISION
PARKS MAINTENANC~
DIVISION NUMBER
'800
CAPITAL OUTLAY
e
OBJECT UNIT
CODE NO. COST TOTAL DESCRIPTION
702 3 900 2700 SHELTERED PICNIC TABLES
702 2 400 800 BASKETBALL BACKBOARD-POST-GOAL
702 2 250 500 TENNIS COURT-NETS-POSTS
702 1 5300 5300 ASSORTED PLAYGROUND EQUIPMENT
802 1 '5000 5000 FENCE FOR TENNIS COURTS-BASKETBALL COURT
807 1 17000 17000 TENNIS COURT/BASKETBALL COURT SLAB
CONTRACTURAL AND COMMODITIES
SUMMARY OF THIS REQUEST
-
OBJECT OBJECT
CODE DESCRIPTION AMOUNT CODE PROPOSED APPROVED
700 9300
800 22000
e
.
CITY OF LA PORTE
CAPITAL IMPROVEMENT REQUEST
e
DEPARTMENT
PARKS & RECREATION
JUSTIFICATION:
DIVISION
PARKS MAINTENANCE'
DIVISION NUMBER
800
The property rates are such taht additional monies will be needed to comple~e
the District 6 Park Acquisition. The property in question is valued at .
$15,000. The project originally was allocated at $10,000 therefore, an'
addi tiona,l $15,,000 will' be needed,
CAPITAL OUTLAY
.
BJECT UNIT
CODE NO. COST TOTAL DESCRIPTION
701 1 15000 15000 DISTRICT 6 PARK ACQUISITION
,
CONTRACTURAL AND COMMODITIES
SUMMARY OF THIS REQUEST
-
OBJECT OBJECT
CODE DESCRIPTION AMOUNT CODE PROPOSED APPROVED
700 15,000
.
-
CITY OF LA PORTE
CAPITAL IMPROVEMENT REQUEST
-
DEPARTMENT
PARKS & RECREATION
JUSTIFICATION:
DIVISION
NUTRITION
DIVISION NUMBER
802
Easily accessible, safe outdoor recreation area is needed to compl'iment
program. Park would provide walking trail, horseshoe pitching pit, game
table, swing and a series of exercise stations, The course would include
exercises for stress release, muscular strength and cardiovascular fitness.
As the body ages, metabolism slows down and the common signs of reduced
flexibility, such as stiff joints, hardening arteries, and a poorly functioninl
cardiovascular system set in. This recreation park is designed to attract
older persons back to activity and improved health in a gradual, enjoyable
fashio, (Diagram)
FIRST PAGE OF TWO
CAPITAL OUTLAY
.
BJECT UNIT
ODE NO'. COST TOTAL DESCRIPTION
905 1 5,000 5,000 CONVERSATION PAGE GAME KIT
905 1 3,921 3,921 GAZEBO WITH 16' FLOOR
905 90 3 270 PHOTINIA SHRUBS
905 33 4 132 CREPE MYRTLE BUSHES
905 3 '394 1,182 SINGLE POST PICNIC TABLES
905 2 179 358 BOLTED STRAIGHT LEG BENCHES
CONTRACTURAL AND COMMODITIES
SUMMARY OF THIS REQUEST
OBJECT OBJECT
CODE DESCRIPTION AMOUNT CODE PROPOSED APPROVED
214 FREIGHT 300 200 300
900 10,863
e
e
CITY OF LA PORTE
CAPITAL IMPROVEMENT REQUEST
e DEPARTMENT
PARKS & RECREATION
JUSTIFICATION:
DIVISION
NUTRITION
DIVISION NUMBER
802
CONTINUANCE OF PAGE ONE
CAPITAL OUTLAY
-
OBJECT UNIT
CODE NO. COST TOTAL DESCRIPTION
905 1 489 489 GAME TABLE
905 1 571 571 LAWN SWING
905 4 74 296 LITTER RECEPTACLES, PERMANENT
905 1 150 150 HORSESHOE PITCHING PIT
905 1 1:420 1420 WALKING TRACK TURF
905 1 2000 2000 SAND TO LEVEL LOT
CONTRACTURAL AND COMMODITIES
SUMMARY OF THIS REQUEST
OBJECT OBJECT
CODE DESCRIPTION AMOUNT CODE PROPOSED APPROVED
900 4926
I
e
e
CITY OF LA PORTE
CAPITAL IMPROVEMENT REQUEST
e DEP ARTMENT
PARKS & RECREATION
JUSTIFICATION:
DIVISION
PARKS MAINTENANCE
DIVISION NUMBER
800
The property rates are such that additional monies will be needed to comple,te
the Northside Park Acquisition. One block of property located adjacent to :
the Booth home sub-division is priced at $32,000. The project originally was.
allocated at $14,000 therefore, an additional $14,000 will be needed.
CAPITAL OUTLAY
-
OBJECT UNIT
ODE NO. COST TOTAL DESCRIPTION
701 1 28,000 28,000 NORTHSIDE PARK ACQUISITION
,
CONTRACTURAL AND COMMODITIES
SUMMARY OF THIS REQUEST
-
OBJECT OBJECT
CODE DESCRIPTION AMOUNT CODE PROPOSED APPROVED
700 ~g,ooo
e
e
CITY OF LA PORTE
CAPITAL IMPROVEMENT REQUEST
e
DEPARTMENT
DIVISION
DIVISION NUMBER
JUSTIFICATION:
Coupland Drive drainage improvanents. Al temate No.3: Ranove curb and gutter,
and provide open ditch drainage and lower water line.
CAPITAL OUTLAY
e
OBJECT UNIT
CODE NO. COST TOTAL DESCRIPTION
69 810 Drainage imorovements to Coupland Drive
,
CONTRACTURAL AND COMMODITIES
SUMMARY OF THIS REQUEST
OBJECT OBJECT
CODE DESCRIPTION AMOUNT CODE PROPOSED APPROVED
69,810
69,810
e
.
CITY OF LA PORTE
CAPITAL IMPROVEMENT REQUEST
e
DEPARTMENT
DIVISION
DIVISION NUMBER
JUSTIFICATION:
Reconstruct 2,600 feet of open channel and install approximately 150 linear feet of
stonn sewer fran Fairnnnt Parkway and Park to approximately Arizona and East "E"
right-of-way.
CAPITAL OUTLAY
-
OBJECT UNIT
CODE NO. COST TOTAL DESCRIPTION
28 575 Reconstruct stonn sewer
,
CONTRACTURAL AND COMMODITIES
SUMMARY OF THIS REQUEST
OBJECT OBJECT
CODE DESCRIPTION AMOUNT CODE PROPOSED APPROVED
28,575
.
e
e
CAPITAL IMPROVEMENT FUND
WATER AND WASTEWATER
1983 - 1984
e
.
e
1983 - 1984
WATER AND WASTEWATER
CAPITAL IMPROVEMENT FUND
e
REVENUES:
Beginning Balance
Revenue from front foot fees from
Water/Sewer Fund
Transfer from Water/Sewer Fund
'!UrAL REVENUE
$ 45,000
63,000
201,000
EXPENDITURES :
Water line improvement
Sewer line improvement
Demolition of Wastewater Plant
Demolish and construct equipment building
Utilicorder (meter reading)
Oversizing of water lines
Contingency
'!UrAL WATER/WASTEWATER EXPENDITURES
12,000
12,000
60,000
55,000
25,000
75,000
70,000
YEAR END
e
e
e
$ 309,000
$ 309,000
e
--
WATER/WASTEWATER
CAPITAL IMPROVEMENl'S
e
1. Derrolition of abandoned wastewater treatment plants on 4th street and Fairm:>nt
Parkway, using in house labor and rental equipment.
$60,000
2. Derrolish old buildings, lIX)ve electical components, and, construct a 'Cover over
open wet well and construct equipment building over dry well at lift station
at Old Fairnnnt treatment plant, $55,000
3. Replace undersize and deteriorated: water lines,
(a) Between "F" and Fainnont, S, 2nd and 3rd 1900 ft. of 4" c900
(b) Between 3rd and 4th, fran Tyler to Madison 540' of 4" c900
$12,200
4. Replace broken sewer mains or eliminate septic tanks.
(a) Between Iowa and Kansas from Main to "A", 140' of 6" SDR 35
(b) Along W. Tyler fran N. 11th to 13th, 660' of 8" SDR 35
( c) Along Forrest between Oregon and S. Broadway 260' of 8" SDR 35
(d) Between N. 3rd and 4th fran Main to Adams 800' of 8" SDR 35
$12,700
5, Participate an oversizing of waterline fran end of 10 inch in Fairnnnt Park west
fran Farrington to existing 12" water main.
..
$45,000
Participate in oversizing of waterline from Farrington Blvd. east along Fainnont
Parkway to existing 12" water main.
$86,825
e
It
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e
.
e
MOTOR POOL BUDGET
1983-84
ce
<e
e
PROPOSED MOTOR POOL BUDGET
1983-84
REVENUE:
Beginning Balance
Interest on C. D,
Transfer From General Fund
Sale of Equipment
TOTAL REVENUE:
$ 415, 2i1. 95
30,000.00
350,000.00
18,000.00
EXPENDITURES:
ADMINISTRATION:
Four Door Sedan
$ 10,000.00
PARKS & RECREATION:
26 Passenger Bus
i Ton Pick-Up
26,000.00
10,000.00
POLICE:
PATHOL
Four 4-Door Sedans
Fully Equipped
50,500.00
e
ADMINISTRATION
Two 4-Door Sedans
Fully Equipped
23,500.00
PUBLIC WORKS:
STREETS
i Ton Pick-Up
9,200.00
SANITATION/RESIDENTIAL
2 High Compaction Garbage Trucks
160,000.00
ENGINEERING:
CODE ENFORCEMENT & INSPECTIONS
Four Door Sedan
Fully Equipped
10,000.00
TOTAL VEHICLE REPLAOEMENT
YEAR END BALANCE
e
$ 813,211.95
$ 299,200.00
$ 514,011. 95
~ MOTOR POOL BUDGET e
1982-1983
e BUDGETED 12 MONTH ESTIMATE
REVENUE:
Beginning Balance $ 294,900.00 $ 294;900.00
Interest on C.D. 14,933,00 27,000.00
Transfer From General Fund 350,000.00 350,000.00
Miscellaneous -0- 180.00
Sale of Equipment -0- , 14,322.60
TOTAL REVENUE $ 659,833.00 $ 686,402.60
EXPENDITURES:
FIRE PREVENTION:
Four Door Sedan 10,000.00 8,461. 20
FIRE SUPPRESSION:
Four Door Sedan 10,000.00 8,461.20
POLICE-PATROL:
Four 4-Door Sedans,
Fully Equipped 44,708.00 37,685.33
POLICE-INVESTIGATION:
Three 4-Door Sedans 30,111. 00 25,260.66
PUBLIC WORKS:
_ ADMINISTRATION: 14,000.00 8,845.11
4 Wheel Drive Vehicle
STREETS DIVISION:
Street Sweeper 70,000.00 64,832.00
PARKS & RECREATION:
Two Tractors with Mowers 18,800.00 11,320,34
One i Ton Pick-Up 9,000.00 8,426.41
WATER PRODUCTION:
Two Meter Reader Vehicles 20,000.00 15,530.08
SEWER COLLECTION:
Backhoe 64,400.00 53,847,69
3/4 Ton Truck/Koenig Body 15,200.00 10,310.48
Boom Crane 1,800.00 1,600,00
SEWER TREATMENT: ~
i Ton Pick-Up 10,000.00 7,765.04
ENGINEERING:
Four Door Sedan 10,000.00 8,845,11
4iiTAL VEHICLE REPLACEMENT $ 328,019.00 $ 271,190.65
YEAR END BALANCE $ 331,814.00 $ 415,211. 95 1
.
e
e
e
MOTOR POOL FUND
EXPLANATION SHEET
I
.
4It CITY OF LA PORTE
'.
eoEPARTMENT
ADMINISTRATION
JUSTIFICATION:
MOTOR POOL BUDGET REQUEST
DIVISION
ADMINISTRATION
DIVISION NUMBER
600. .
The Director of Administrative Services in driving a 1980 Ford LTD automobile
which was red lined by the City's Police Department in early 1982. This
vehicle has over 75,000 miles on it, of which approximately 63,000 miles are
Police driven miles, The vehicle is no longer dependable, as it spends a
good portion of time in the City's garage, Garage records indicate that it
is no longer cost effective to maintain this vehicle,
e
CAPITAL OUTLAY
OBJECT UNIT I
CODE NO. COST TOTAL DESCRIPTION
904 1 10,000 10,000 FULL SIZED SEDAN
SUMMARY OF THIS REQUEST
OBJECT ,
CODE PROPOSED APPROVED
900 10,000
~ CITY OF LA PORTE ~
eDEP ARTMENT
PARKS & RECREATION
JUSTIFICATION:
MOTOR POOL BUDGET REQUEST
DIVISION
RECREATION
DIVISION NUMBER
801
26 Passenger Bus for Theraputic Program. Van is getting increasingly more
expensive to maintain. It no longer serves the purpose we need it for.
We are having to make two (2) trips in the van to pick up kids for the
program. The van will only hold twelve (12) people. .
Replaces 801-02
e
CAPITAL OUTLAY
OBJECT UNIT
CODE NO. COST TOTAL DESCRIPTION
904 1 26,000 26,000 26 PASSENGER BUS
SUMMARY OF THIS REQUEST
OBJECT
CODE PROPOSED APPROVED
900 26,000
4It CITY OF LA PORTE ~
-DEPARTMENT
PARKS & RECREATION
JUSTIFICATION:
Director now drives a five (5) year old Nova. It is spending more time in
the shop and growing more expensive to maintain. We request a ! Ton
pick-up for replacement.
Replaces 801-01
MOTOR POOL BUDGET REQUEST
DIVISION
DIVISION NUMBER
RECREATION
801"
_
CAPITAL OUTLAY
OBJECT UNIT
CODE NO. COST TOTAL DESCRIPTION
904 1 10,000 10,000 ! TON PICK-UP
SUMMARY OF THIS REQUEST
OBJECT
CODE PROPOSED APPROVED
900 10,000
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CITY OF LA PORTE
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_EPARTMENT
POLICE
JUSTIFICATION:
Four (4) of the older patrol vehicles need replacing due to increased
mileage and maintenance costs. Replacement equipment is also needed for
these vehicles.
MOTOR POOL BUDGET REQUEST
DIVISION
PATROL
DIVISION NUMBER
503,
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CAPITAL OUTLAY
OBJECT UNIT
CODE NO. COST TOTAL DESCRIPTION
902 4 1133 4532 EQUIPMENT-LIGHT BARS, SIRENS, ETC.
903 4 1481 5924 MOTOROLA SYNTOR RADIOS
904 4 10000 40000 VEHICLES
SUMMARY OF THIS REQUEST
OBJECT
CODE PROPOSED APPROVED
900 50456
~ CITY OF LA PORTE ~
-DEPARTMENT
MOTOR POOL BUDGET REQUEST
FIRE
JUSTIFICATION:
DIVISION
SUPPRESSION
DIVISION NUMBER
501' .
This unit will be used to replace a 1959 Model Pumper. Delivery time will
be dependant on availability at bid time, up to twelve (12) months.
The next pumper scheduled for replacement is'1986,
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CAPITAL OUTLAY
OBJECT UNIT
CODE NO, COST TOTAL DESCRIPTION
903 1 2500 2500 MOBILE RADIO
904 1 140000 140000 1500 GPM PUMPER
SUMMARY OF THIS REQUEST
OBJECT
CODE PROPOSED APPROVED
900 142,500
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CITY OF LA PORTE
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-DEP ARTMENT
POLICE
JUSTIFICATION:
MOTOR POOL BUDGET REQUEST
DIVISION
ADMINISTRATION
DIVISION NUMBER
502,
Two (2) vehicles in the Administration Division need to be replaced. One
is a 1978 Chevy Nova and the other is a 1979 Dodge Aspen. Both units have
a substantial amount of mileage and are beginning to cost more to maintain.
-
CAPITAL OUTLAY
OBJECT UNIT
CODE NO, COST TOTAL DESCRIPTION
902 1 600 600 SIREN, SPEAKER, HEADLIGHT FLASHER
903 2 1438 2876 MOTOROLA SYNTOR MOBILE RADIO
904 2 10000 20000 VEHICLES
SUMMARY OF THIS REQUEST
OBJECT
CODE PROPOSED APPROVED
900 23,476
~ CITY OF LA PORTE
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-DEP ARTMENT
PUBLIC WORKS
JUSTIFICATION:
1976 Galleon Motor Grader need replacement, Present machine is under,
powered (80 hp.) for tearing up streets for reconstruction, and maintenance..
costs have averaged $7,200 per year for the last three (3) years,
Replacement will be a 150 hp. machine capable of street construction with
minimum down time. Gas & Oil, Insurance and Maintenance is budgeted in
present budget.
MOTOR POOL BUDGET REQUEST
DIVISION
STREETS
DIVISION NUMBER
701.
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CAPITAL OUTLAY
OBJECT UNIT
CODE NO. COST TOTAL DESCRIPTION
902 1 120 000 120.000 150 HP .. .---
Mr I' II-l r.; I-lll 11': I-l
SUMMARY OF THIS REQUEST
OBJECT
CODE PROPOSED APPROVED
900 120 000
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CITY OF LA PORTE
PUBLIC WORKS
JUSTIFICATION:
MOTOR POOL BUDGET REQUEST
DIVISION
STREETS
DIVISION NUMBER
701"
eDEP ARTMENT
A new! Ton pick-up is needed for mosquito spraying, Present truck is a
1976 Model with 78,000 miles. The body is rusted from exposure to the
chemical spray and needs replacement.
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CAPITAL OUTLAY
OBJECT UNIT
CODE NO. COST TOTAL DESCRIPTION
904 1 9200 9200 .1 TON PICK-UP
2
SUMMARY OF THIS REQUEST
OBJECT
CODE PROPOSED APPROVED
900 9200
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CITY OF LA PORTE
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eDEP ARTMENT
PUBLIC WORKS
JUSTIFICATION:
MOTOR POOL BUDGET REQUEST
DIVISION
SANITATION/RESIDENTIAL
DIVISION NUMBER
702..
Two (2) replacement garbage trucks are needed to replace 1977 and 1978 Model
rear load residential garbage trucks. Because of the short landfill life
in La Porte, the City will transport solid waste to the nearest landfill
located in Bay town , This will take one hour if no problems are experienced
on the road or at the landfill. On Mondays, average collection is five
(5) loads. At one hour each, if no problems occur, five (5) hours are
consumed hauling garbage. If the trucks break down on the long haul (22
minutes round trip), if the landfill is crowded or wet, additional time
will be consumed, leaving little time to collect garbage. The solid waste
divi~ion requests large capacity (28 cu. yds.) high compaction garbage
trucks to cut the number of trips from 5 to 2. Because of the high maintenance
cost experienced with the present trucks, due to undersized components, the
new trucks will be heavy duty to withstand the stop & go long haul to the
landfill and the landfill itself.
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CAPITAL OUTLAY
OBJECT UNIT
CODE NO. COST TOTAL DESCRIPTION
904 2 80000 160000 HIGH COMPACTION REAR LOAD GARBAGE TRUCKS
SUMMARY OF THIS REQUEST
OBJECT
CODE PROPOSED APPROVED
900 160000
.
CITY OF LA PORTE
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eDEP ARTMENT
ENGINEERING
JUSTIFICATION:
MOTOR POOL BUDGET REQUEST
DIVISION
CODE ENFORCEMENT & INSPECTION
DIVISION NUMBER
902',
Need to replace 9q2-1 This is a 1978 Chevy Nova. Vehicle has a continued
rust problem. Has been repainted but rust continues, Vehicle is now
five (5)'years old and has become increasingly more expensive' to maintain
and is not dependable for out of town trips. We have no sedan for trips,
We could save money by using city vehicle on trips instead of paying
mileage on personal vehicles. Vehicle costs twice as much per mile to
operate as any other vehicle at 56~ per mile. Placement in next auction
would be best done now,
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CAPITAL OUTLAY
OBJECT UNIT
CODE NO. COST TOTAL DESCRIPTION
903 1 1150 1150 FM TRANSCEIVER & INSTALLATION
904 1 10000 10000 4 DOOR SEDAN- FULLY EQUIPPED
SUMMARY OF THIS REQUEST
OBJECT
CODE PROPOSED APPROVED
900 11150
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REVENUE SHARING
1983 - 1984
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PROPOSED - SUMMARY REVENUE SHARING
1983-1984
REVENUES:
Balance of Revenue Sharing 1983
1983-1984 Entitlement
'lUl'AL ESTIMATED REVENUE
EXPENDITURES:
Beautification Program
Christmas Lights/Ornaments
Cormnmi ty Transportation Program
Sidewalk Improvement "G" Street
Bike and Walkway on Old Hwy. 146/S. Broadway
Myrtle Creek & Valleybrook - Sidewalks
Fire Department
Furniture - New office expansion
FUrniture for new Secretary position
Material for street repair (material only)
Contingency
YEAR END BALANCE
* Seaman Center project raised during
Revenue Sharing hearing held on truly 20, 1983.
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$ 177,083.00
213,491.00
$ 25,000.00
10,000.00
8,000,00
12,000.00
50,000.00
50,000.00
21,546.00
2,238.00
150,000.00
61,790.00
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$ 390,574.00
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RESOLUTION NO. 84-14
A RESOLUTION CONCERNING THE REALIGNMENT OF THE
FOR THE EXTENSION OF BAY AREA BOULEVARD BETWEEN
STREET (SPENCER HIGHWAY) AND FAIRMONT PARKWAY, IN
OF LA PORTE.
RIGHT-'OF-WAY
WEST MAIN
THE CITY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. By Deed dated December 13, 1974, filed for
record in the off ice of the Harris County Clerk on January 24,
1975, under Harris County Clerk's File No. E35l190, Stephen T.
Cochran, et aI, conveyed to the City of La Porte, certain prop-
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erty described as Tract II in said Deed, as right-of-way for the
extension of Bay Area Boulevard from Fairmont Parkway to Spencer
Highway. Subsequently, Stephen T. Cochran, et aI, have conveyed
the land immediately contiguous to said Tract II to PPG Industries,
Inc., a Pennsylvania corporation. Also, subsequent to said con-
veyance, the County of Harris and the Harris County Flood Control
District, have requested the widening, and the realignment, of
said proposed right-of-way. The City of La Porte, a municipal
corporation, and PPG Industries, Inc., a Pennsylvania corporation,
are agreeable to the realignment of said right-of-way.
Section 2. The City Council of the City of La Porte hereby
authorizes the Mayor to execute, and the City Secretary to attest
the execution of, a Special Warranty Deed, conveying said Tract II,
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as described in said Deed dated December 13, 1974, from Stephen T.
Cochran, et a1, to the City of La Porte, a municipal corporation,
as recorded under Harris County Clerk's File No. E35l190, said con-
veyance to be from the City of La Porte, a municipal corporation,
by Special Warranty Deed, to PPG Industries, Inc., a Pennsylvania
corporation. The Mayor of the City of La Porte is authorized to
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deliver said executed Special Warranty Deed to PPG Industries, Inc.,
a Pennsylvania corporation, in exchange for a properly executed
Deed from PPG Industries, Inc., as Grantor, to Harris County, Texas,
as Grantee, conveying those certain parcels of land as more par-
.
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Resolution No. 84-14, Page 2.
ticularly described by metes and bounds on Exhibit "A" and Exhibit
"B", each of which exhibits are attached hereto, incorporated by
reference herein, and made a part hereof for all purposes.
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
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Revised Civil Statutes Annotated 7 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 Ci ty Council further
ratifies, approves and confirms such written notice and the
contents and posting thereof.
Section 4. This Resolution shall be in effect from and after
its passage and approval.
PASSED AND APPROVED, this the 5th day of September, 1984.
CITY OF LA PORTE
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By
ATTEST:
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City Secretary
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APPROVED:
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LEGAL DRAFT FOR BAY AREA BOULEVARD EXTENSION
Being a 17.8749 acre, more or less, parcel out of (a) that certain
495.40639 acre tract of land out of the Richard Pearsall Survey, Abstract
No. 625, Harris County, Texas, which tract was conveyed unto PPG Industries,
Inc., by Fairmont, Ltd. under general warranty deed dated March 28, 1980,
and filed for record April 2, 1980, in the Deed Records of Harris County,
Texas, under Film Code No. 154-90-0155: And (b) that certain 9.89213 acre
parcel of land conveyed by: Fairmont, Ltd., to the City of La Porte and
filed for record under County Clerk's File No. 351190 and which was ,by
deed dated and filed of even date herewith conveyed by the City of La Porte
to PPG Industries, Inc., said 17.8749 acre, more or less, parcel of land
being for the purpose of extending Bay Area Boulevard, 200 feet in width,
and being more particularly described by metes and bounds as follows, to
wit:
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COMMENCING at the point of intersection of the West right-
of-way line of 25th Street, a road 60 feet in width as
shown on the plat of La Porte, Block 734, recorded in
Volume 67, Page I, of Harris County Map Records, and the
South right-of-way line of West Main (Spencer Highway), a
road 114 feet in width:
THENCE, South 030 031 4311 East with the West right-of-way
line of 25th Street, a distance of 421.109 feet to a
point in the Northerly property line of the" aforementioned
495,40639 acre trac~;
THENCE, South 860 31' 1111 West with the said Northerly
property line, a distance of 171.00 feet to the POINT OF
BEGINNING, said point also being the most Northeastern
corner of the 17,8749 acre tract described herein;
THENCE, South 030 031 4311 East, a distance of 1.47 feet to
a point of curvature;
. THENCE, generally Southwardly with a curve to the right
having a central angle of 300 30' 0011, a radius of 1,505.00
feet and a curvilinear distance of 801.15 feet, to ~ point
of tangency;
THENCE, South 270 26' 1711 West with the tangent 397.88 feet
to a point of curvature;
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EXHIBIT "A"
Page 1 of 3
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THENCE, generally Southwardly with a curve to the left having
a central angle of 470 20' 41", a radius of 1,367.18 feet, and
a curvilinear distance of 1~129.73 feet to a point of tangericy;
THENCE, South 190 541 24" East with the tangent, a distance of
1,006.94 feet to a point of curvature; .
THENCE, generally Southwardly with a curve to the right having
a central angle of 180 531 17", a radius of 1,688.80 feet, and
a curvilinear distance of 556.73 feet to a point of tangency,
said point also-being the most Southeastern corner of the
17.8749 acre tract described herein, said point also being in
the Southerly property line of the aforementioned 495.40659 acre
tract, said point also being South 860 561 40" West, a distance
of 29.41 feet from a copper weld rod'stamped IA-I03", an interior
corner of that certain 499.4306 acre: tract as described in
Volume 8076 on page 16 of the Harris County Deed Records, said
copper weld rod also being an interior corner of the aforementioned
495.40639 acre tract;
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THENCE, South 860 561 40" West with said Southerly property line,
a distance of 200.12 feet to a point for corner, said point being
the most Southwestern corner of the 17.8749 acre tract described
herein;
THENCE, North 010 011 07" West, a distance of 7.11 feet to a point
of curvature;
THENCE, generally Northwardly with a curve to the left having a
central angle of 180 531 17", a radius of 1,488.80 feet, and a
curvilinear distance of 490.80 feet to a point of tangency;
THENCE, North 190 54' 24" West with the tangent a distance of
1,006.94 feet to a point of curvature;
THENCE, generally Northwardly with a curve to the right having
a central angle of 470 20' 41", a radius of 1,567.18 feet, and a
curvilinear distance of 1,294.99 feet to a point of tangency;
THENCE, North 270 261 17" East with the tangent, a distance of
397.88 feet to a point of curvature;
THENCE, generally Northwardly with a curve to the left having a
central angle of 300 301 00", a radius of 1,305.00 -feet, and a
curvilinear distance of 694.68 feet to a point of tangency; said
point being the most Northwestern corner of the 17,8749 acre
tract described herein; said point also being in the Northerly
property line of the aforementioned 495.40639 acre tract;
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EXHIBIT nAn
Page 2 of 3
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THENCE, North 860 311 11" East with said Northerly property line,
a distance of 200.00 feet to the POINT OF BEGINNING, enclosing
a tract, of land containing 17.8749 acres, more or less.
EXHIBIT "A"
Page 3 of 3
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'ME:rES & BOUNDS DESCRIPl'ION OF 150' DRAINAGE EASEMENT
Being a 150 feet wide drainage easenent across (a) that certain 495.40639
acre tract of lam rot Of the. Richard Pearsall Survey, Abstract No. 625, Harris
County, Texas, mid1 atract \'as conveyed unto PPG Industries, Inc., by Fainront,
Ltd., under general warranty deed dated Marcn 28, 1980, am filed for recom
April 2, 1980, in the Deed Records of Harris. COlmty, Texas, under Film Code No.
154-90-0155; am (b) that certain 4.3697 acre tract of lam rot of the Richard
Pearsall Suzvey, Abstract No. 625, Harris County, Texas, v.hich tract \'as conveyed
unto PPG Industries, Inc., by Clanetron Coq>., under general warranty deed dated
February 22, 1979, and filed for record in the Deed Records of Harris County, Texas,
under Film Code No. 120-97-0815, said drainage easanent bei.rg nore partiw1ar1y
described by IlEtes am bounds as follows, to-wit: .
~IN3 at co,pper weld rod No. A-104 located in the North
right-of-way line of FaiIliOnt ParXway;
TH:ENCE, S 860 521 43" W, a distance of 249.41 feet to a point,
said point being in the intersection of the North r~ght-of-way
line of Faimont PaIX'YaY, and the West right~f-way of Bay Area
Boulevard;
TH:EN:E, N 010 011 08" W, a distance of 514.72 feet to a p:>int;
THENCE, S 860 56' 40" W, a distance of 10 feet, said point
beirg the POINI' OF BEX:;INNING of the fo11oNing described drainage
easenent;
THENCE, N 030 551 32" W, a distance of 150.02 feet to a point;
THENCE, N 860 56 I 40" E, a distance of 2100.26 feet to a point
of arrva ture;
THENCE, generally SOutheastwardly with a curve to the right having
a central angel of 500 50' 01" a radius of 434.28 feet, an:i a
curvilinear distance of 384.44 feet to a point on a line not
tangent to this curve;
THENCE, N 860 561 40" E, a distance of 99.04 feet to a point,
said p:>int being the Sa.rt:heast comer of the aforerrentioned
495.40639 acre tract an:i also .the Northeast comer of the
afurerrentioned 4.3697 acre tract; .
THENCE, S 030 031 17" E, a distance of 501.48 feet to a p:>int,
said p:>int being the Scutheast comer of the aforerrentioned
4.3697 acre tract am also beirg in the North right~f-way line
of Fainront PaI'kway;
EXHIBIT "B"
Page 1 of 2
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THENCE, S 86,0 521 43" W, along the North right-of-way line of Fainnont
Parkway a distance of 60 feet to a point;
THENCE, N 030 031 17" W, a distance of 161.24 feet along the west 601
H.C.F.D. drainage easement to a point.
THENCE, N 480 03' 17" W, a distance of 106.96 feet to a point of
curvature.
THENCE, generally Northwestwardly with a curve to the left having a central
angle of 880 03' 49" a radius of 284.28 feet, and a curvilinear distance
of 434.67 feet to a point of tangency;
THENCE, S 860 561 40" W, a distance of 2113.97 feet to the POINT OF
BEGINNING enclosing a tract of land contai~ing 9.6296 acres more or less.
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EXHIBIT liB"
Page 2 of 2
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TO:
CITY MANAGER
FROM:
Jerry Hodge.
DATE:. , 4
8-22-8
REQUEST FOR CITY COUNCIL' AGENDA ITEM
2.
xx
Report
1. Agenda Date Requested:
September 5,' 1984
Resolution
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Ordinance
3. Project Summary:
Fairmont Park Lift Station Building and Cover Construction.
4. Action Required:
Council Approval.
5.. Alt'ernative:
Leave lias is".
6. Recommendat~on
Follow recommendation of Turner, Collie and Braden and award bid
to Demar Engineering, Inc. for $18,414.00.
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7. Exhibits:
T.C.&B. Memo
Bid Tabulation
Contract Copy
8. Availability of Funds:
General Fund
X Water/Wastewater
Capital Improvmt.
General Revenue Sharing
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Other
:TI
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Yes _~b
Account Number:
003-806-807-801
9.
Agenda
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TurnerCollieC6Braden Inc.
JAMES R, ROYER
VICE PRESIDENT
PO BOX 13089
HOUSTON, TEXAS 77219
5757 WOODWAY
713 780-4100
TElEX 774185 TCB HOU
RECE\VEO J\UG 2 1 1951t
August 20, 1984
City of La Porte
P. O. Box 1115
La Porte, Texas 77571
Attention: Mr. Luther Maxey
Assistant Director of Public Works
Re: Fairmont Park Lift Station Building and Cover
Recommendation of Award
Turner Collie & Braden Project No. 26-09021-020, Contract No. 1
Gentlemen:
Sealed bids, addressed to the "Mayor and City Council of the City
of La Porte, Texas", were received at the office of the City
Secretary on August 1, 1984. Bids received are as shown on the
attached Bid Tabulation.
After tabulation and review of all bids received, it is our rec-
ommendation that the project be awarded on the basis of the low
bid of $18,514.00. We recommend Substitution No.1, for Roll
Form Products "P35" 16 Gage Roof Deck in lieu of Vulcraft Roof
Decking, Type 3Nl, 18 Gage, be accepted for a deduction of $100.00;
therefore, the contract amount will be $18,414.00. Since a shop
drawing on Substitution No. 2 was not submitted, a precast wet
well cover in lieu of a poured in place cover cannot be recommended.
Very truly yours,
--;::;:7:~7':
Vice President
JRR/FSM/dr
Attachment
cc: Jerry Hodge - Director of Public Works (w/attachment)
J~
CONSULTING ENGINEERS. TEXAS AUSTlN/DAllAS/El PASO/HOUSTON/PORT ARTHUR COLORADO DENVER/CRAND JUNCTION
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SUMMflRY PAGE 1-
BID TABULATION
SUMMRY OF BID TOT fiLS
FAIRMONT PARK LIFT STATION BUILDING fiND COVER
CLIENT - CITY OF LA PORTE
JOB NO~ 26-00021-020 CONTRflCT NO. 001
BIDS OPENED - AUGUST 1, 1.984
BIDDER TOTAL AMOUNT BID MYS BID
DEMflR ENGINEERING, INC. $ 18,514.00 45 - 145*
INDEPENDENT CONSTRUCTORS $ 23,850.00 45 - 130*
BUILDING, ESTIMATING fiND
CONSTRUCTION ENTERPRISES $ 24,600.00 45
JUDY JONES CONSTRUCTION !Ii 25,325.00 45
BI'IYTOWN CONSTRUCTION !Ii 32,500.00 45
* IF VULCRflFT ROOF DECKING IS USED, CONTRACT TIME WILL BE INCREflSED flS INDICflTED
DEMAR ENGINEERING OFFERS THE FOLLOWING DEDUCTIONS:
1. DEDUCT $100.00 FOR USE OF ROLL FORM PRODUCTS .P35. 16 GflGE ROOF DECK IN LIEU OF VULCRAFT,
2. DEDUCT $200,00 FOR PRE-CflST WET WELL IN LIEU OF POURED IN PLACE.
INDEPENDENT CONSTRUCTORS OFFERS fI DEDUCT OF $268.00 FOR ROLLFORM ROOF DECKING.
JUDY W JONES OFFERS A DEDUCT OF $1200.00 FOR USE OF PRE-CAST WET WELL COVER IN LIEU OF POURED IN PLACE.
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PAGE 2
BIIi TFlBULATION
FAIRMONT PFlRK LIFT STFlTION BUILDING AND COVER
CLIENT - CITY OF LFI PORTE
JOB NO. 26-00021-020 CONTRFlCT NO. 001
BIDS OPENED - AUGUST 1, 1984
JUny JONES CONSTRUCTION BFlYTOWN CONSTRUCTION
HOUSTON, TEXAS BEAUMONT, TEXAS
- ------------------------- .....--.- -.-.......-..-.-- .00___- .----....----- ----.-.--- ,.-------..-
ITEM DESCRIPTION UNIT llUANTITY PRICE FlMOUNT PRICE FlMOUNT
-------------------------------- --- - .-------..--- -------- ..--------
1. CONCRETE MASONRY UNIT
LIFT STATION BUILDING' FIND
WET WELL COVER, COMPLETE
IN PLACE L.S 1 32500.00 32500.00
------.-.... --------
TOTAL AMOUNT BID 25325.00 32500,00
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TEXAS INDEPENDENCE COMMUNITY/COUNTY
Application for SanclltJllIng by
The Texas 1986 Sesquicentennial CommiSSIon
. La Porte (Harris Co.), Texas
City or County -/
~~-.J. r~ ~
Dr. Clyde D. Smith
Sesquicentennial Coordinating
Committee Chairperson
30, ODor
Population
Septerrber ~, 1984
Date
10459 Rustic Rock
1a Porte, Texas 77571
Mailing Address
WOrk: (713) 471-0950
'Bane: (713) 471-0864
Phone
Direction for Completing Application:
1. On separate paper. 8%" )( 11". list the names, mailing addresses, and telephone numbers of each
member of the Sesquicentennial C~ordinating Committee appointed by the mayor and city council/
county judge and commissioners' court. Include a brief (one or two sentence) biographical sketch of
each member (Le. age, occupation, ethnic group, etc,). (Attachment I) ,
.
2. Describe the 'community/county Master Plan for celebration of the 1986 Sesquicentennial.. the
projects' and celebrations that are envisioned for 1986, the sponsoring individuals or groups, etc.
Description of the Master Plan should be as full and complete as possible. but may follow a form
and format of your choice. (Attachment II)
3. Describe all proposed uses of the Texas Sesquicentennial Logo by projects and celebrRtions included
in the Master Plan (above). Please be as specific as possible. (Attachmenr III)
4. Please return this form. committee roster. project descriptions, description of logo use, and (j
resolution of adoption (Attachment IV) from the Qoverning' bOdy of the community/county (per
enclosed Commission guidelines) to: Texas 1986.SeSQulcentennial Commission, P.O. Box 1986.
Austin, Texas 78767.
Best of luck! Help make 1986 a year Texans will long remember.
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RESOLUTION NO.
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LA PORTE, TEXAS, APPROVING AND ADOPTING THE
JvfASTER PLAN SUBMITTED BY THE SESQUICENTENnIAL
COORDINATING COMMITTEE OF LA PORTE, TEXAS, DIR-
ECTING SAID COMMITTEE TO SUBMIT SAID MASTER PLAN
TO THE TEXAS SESqUICENTENNIAL COMMISSION AND DE-
CLARING AN EFFECTIVE DATE.
WHEREAS, the' Sta~e of Texas will celebrate in 1986 its l50th
year of Independence; and,
WHEREAS, the City Council of ~he City of La Porte, Texas fully
supports the celepration of Tex~s~ 150 years of Independence 'and
desires to participate in the 1986 Sesquicentennial Celebration; and,
WHEREAS, the City Council has appointed a committee to plan and
coordinate Sesquicentennial ,activities for the City of La Porte; and,
WHEREAS, a.Master Plan has bee~ duly developed and drafted by the
Sesquicentennial Coordinating Committee of La Porte for the opservance
of t~is anniversary, a copy of said Master Plan being attached hereto
a.s Exhibit "A" and. incorporated here;i.il for all intents and 'purpos~; and,
. WHE~, the City Counc~l of the City of La P9rte, Texas supports
the objectives, projects, a~d goals of the Committee as detailed in
the Master Plan; now, therefore,'
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BE IT RESOLVED BY'THE CITY' COUNCIL OF THE CITY OF LA PORTE., TEXAS:
PART 1. That the Sesquicentennial Master ~lan, a copy of which is
attached hereto. as Exhibi~ ."A.... and incprporated herein for all intents
and pu~oses.,' be approved. and adopted as submit;:ted by the Sesquicen-
tennial 'Coordinating Committee of La Porte, Texas, and the same is
hereby approved and adopted.
PART 2. That the ,Sesquicentennial Coordinating Committee..of.La
Pprte, 'Texas is. hereby directed to 'subm.it.said Master Plan to .the T~x-
as Sesquicentennial Commission for official evaluation. with the goal
of receiving recognition and sanction as a Texas'Independence Community.
PART 3. That the City of La, Porte, Texas be encouraged to diligent-
ly assist the officers and members pf the Sesquicentennial Coordinating
Committee of La"Porte~ Texas 'with its plans and preparations to make
the Texas Sesquicentennial Celebration in La Porte, Texas a successful
endeavor for all.
PART 4. That this Resolution shall become effective hmediately fixm
and after its passage..
day of
, 1984.
ADOPTED this
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Attest:
Virginia Cline
Mayor
C:j.tr Secretary
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CERTIFICATE OF RECORn
STATE OF TEXAS I
COUNTY OF HARRIS I
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I, ~he undersigned, City Secretary for the City of La Porte,
Texas, in the perf9rmance of the.functions of my. office, here-
'by certify that. the above and foregoing is a full, true, and
correct copy of a Resolution ~dopted by.the City Council of
the City of .La Porte, Texas o~ this day of
1984 as the same appears on record in my office in the City
. .
Hall, 604 West Fa~rmo~t Parkway, La Porte~ Texas 77571, and
that I am the lawful possessor and have legal custody of said
record.
, ,
WITNESS ~1Y HA-~D and SEAL of the City of La Porte, Texas, this
day of , 1984.
City Secretary
City of La Porte, Texas
Seal of The City of La Porte, Texas
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CITY OF LA PORTE, TEXAS
'19:8:6 SESQUICENTENNIAL MAST:ER PLAN
Special Note:
'Ibis Master' Plan is to be coordinated into a Master Calendar of
events scheduled throughout 1986 that has been developed by the
IA PORl'E-BAYSHORE TRI-CITIES TEXAS ~CENl'ENNIAL TASK FORCE.
The ''Tri...cities'' (La. Porte, M:>rgan's Point, and Shorea.cres) be-
ing in such close proximity have nutually agreed to support each
activity proposed by each city. 'Ibis "joint-hut-separate" endeav-
or should magnify the effect of the major thrust of the overall
focus of the Sesquicentennial Celebration for the entire La. Porte-
Bayshore Area.
Anticipating great excitement and enthusiasm to be involved with the
1986 Texas Sesquicentennial Celebration, in the magnificant Texas tra-
dition, the following goals and projects are submitted for your con- .
sideration for sanctioning. '
GOALS:
1, To involve the entire connnunity of La Porte,. Texas (in conjunction
with the other two cities: Morgan's Point and Shoreacres) in the
spirit of the 1986 Texas Sesquicentennial Celebration and to chan-
nel this energy into permanent inprovements for our community.
2. To increase awareness of La Porte, Texas' historical heritage and
to encourage connnunity pride in that factor of our history,
3. To encourage activities within the connnunities involved that will
be lasting for many years to come that will benefit each connnunity
and the young people within the school system of La Porte, Texas.
PROJE'CTS :
1. At "the crack of midnight", as 1986 begins, we plan to crown the
1986 Texas Sesquicentennial Celebration King and Queen of La Porte.
these two persons to be selected from the names of entries of "long
time, native-born" La Porte/Bayshore residents.
2. In that same respect, we also plan to honor the first-born La Porte
Texan of 1986, born of parents who are registered as residents of
La Porte, Texas.
3. We plan to establish (and then continue to maintain) a La Porte-
Bayshore Area Historical Tour. A "visitor's center" is to be es-
tablished in the Historical Sylvan Beach Train Depot (as the start-
ing point of the tour). Brochures will be prepared and placed in
businesses and localities that will promote the Tour. "Billboards"
will also advertise the Tour at each of the Hwy. 146 entries to
the city. This will be an on-going activity for future years also.
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4. (a) Plans are to be made which will involve entries in a contest to design a
La Porte, Texas city flag for the Sesquicentennial. Rules and specifica-
tions are to be developed so that publicity can be utilized to prOODte
the contest throughout the La Porte-Bayshore area.
(b) Also in conjtmCtion with this contest, the La Porte-Bay Area Art l2ague
will sponsor art contest and shows. The theme will be the 1986 Texas Ses-
quicentennial.
(c) The Art Ccmni..ttee lvould also like to sponsor a project that l\UU1.d pro-
vide the City of La Porte with a sculpture to be erected during the 1986
Texas Sesquicentennial Celebration.
5. The City plans to have sare type of activities that would be fitting and in
recognition of Texas Independence Day (March 2nd).
6. The City will also plan to have activities that would "supplement" (and not
planned to compete with) San Jacinto Day activities at the MomJment (April 21).
7, The annual June 19th Celebration (with parade/festivities, etc.) will be de-
veloped with the 1986 Texas Sesquicentennial Celebration t:helIE being used.
8, 'llie annual July 4th Celebration (festivities, etc.) will be developed with
the 1986 Texas Sesquicentennial Celebration theme being used.
9. The Garden Club of La Porte, Texas will sponsor "An Old Fashioned Box-lJ.m.ch-Dn
The-Grotmd" activity saret~ during March or April. Proceeds fraIl this event
will go toward beautification of the city.
10. Other activities that would add to the Celebration are to be planned.
JOINT PROJ'ECTS WITH LA PORTE-BAYSHORE TRI-CITTES GROUP:
Special NOte: These projects are sponsored by the cities so designated, but are
"jointly-supported" by the La Porte Sesquicentennial Coordinating
Ccmni..ttee and the City of La Porte, Texas.
1. "Yellow Rose Ball" sponsored by the City of Morgan's Point.
This activity is proposed to be held on
New Year's Eve and will be an 'optional'
costume-ball with all festivities.
2. Historical Homes Tour - sponsored by the City of Morgan's Point.
Several of the oldest homes along the bay
and ship channel have been restored and
will be open for visitations.
3. Nicholas Righter "Memorial" Fun Run - sponsored by the City of
Morgan's Point. (i,e.= In honor of young
"Nick" who was shipwrecked in 1822 off the
Point, now known as Morgan's Point.)
4. Folk-Life Festival sponsored jointly by the Tri-Cities, This
event will feature band contests, dance con-
tests, ethnic foods, crafts, etc., etc.
5. "Do-A-Boating-Thing"- sponsored by the City of Shoreacres. Plans
are being made for the "Tall-Ships" visit
if possible - OR - a sailboat race.
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CITY OF LA PORTE, TEXAS
-19.8:6: SESQUICENTENN-lAL:' 'COORDTNATTNG COMMITTEE
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The 1986 Texas Sesquicentennial Coordinating Committee of the City
of La Porte, Texas currently plans to use the Official Texas Ses-
quicentennial Logo for the following. purposes:
1. On all publicity items of all officially sanctioned events
planned for the Sesquicentennial Celebration.
2. On. the cover/heading of the ~aster Calendar of events so
developed by.the La Porte~Bayshore Tri-Cities Task Force.
3. On the cover of an official City of La Porte, Texas Sesqui-
centennial Scrapbook to be kept for the Historical Foundation.
4. Souvenirs. and other fund ratsing items officially sanctioned
in conjunction' with official events of the Celebration.
S. Stationery, programs, tick~ts', etc. utiJized in officially
sanctioned events of the Celebration.
6. Flags and ot~r items developed.as a result of par~des, floats
~nd other items in conjunction ,with officially sanctioned
events of the Celebration.
7. Business Cards, Advertising (electronic and print), invitations,
. brochures, posters and other informational and promotional
materials in conjunction with officially sanctioned events of
the Celelsration.
8. Highway billboards promoting the Historical Tour in the La
Porte-Bayshore area.
9. Newsletters, etc. to promote the Celebration.
10, Other materials as needed in conjunctiori with the officially
sanctioned events of the Celebration.
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Mayor of the City: Mrs. Virginia Cline
City. Secretary: Mrs. Cherie Black
Historical Advisor: Gordon Black
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