HomeMy WebLinkAbout1987-11-23 Regular Meeting
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MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL
NOVEMBER 23, 1987
1. The meeting was called to order by Mayor Malone at 6:00
P.M.
Members of City Council Present: Mayor Norman Malone,
Councilpersons Betty Waters, John Lloyd, Ed Matuszak, Alton
Porter, Mike Shipp, Deotis Gay, B. Don Skelton, Jerry
Clarke
Members of City Council Absent: None
Members of City Staff Present: City Manager Bob Herrera,
City Attorney Knox Askins, City Secretary Cherie Black,
Assistant City Manager John Joerns, Administrative
Assistant to the City Manager Janie Luna, Director of
Public Works Steve Gillett, Director of Parks and
Recreation Stan Sherwood, Police Chief Charles Smith,
Director of Community Development Joel Albrecht, CIP
Manager Ross Cox, Human Resources Manager Doug de la
Morena, Assistant to the Human Resources Manager Martha
Elcridge, Chief Building Official/Zoning Officer Ervin
Griffith, Fire Marshal Paul Hickenbottom, EMS Assistant
Director Gary Williams
Others Present: Peggie Terry and Linda Meyers, Bay Area
Home Health Services; Francis Fey and Bill Martin, Joseph
Ivy Company; Gary Anders, Texas Municipal Retirement
Sysstem; Alice Romero, Tri-Gas, Inc.; David Brady,
Chairman, Golf Course Advisory Board; Berdon Lawrence; Rey
de la Reza, Architect; Roy Payton, Black & Veatch; Melissa
Doyle, Bayshore Sun; 6 citizens
2. The invocation was given by City Attorney Askins.
3. Council considered approving minutes of the public hearing,
workshop, and called meeting held November 2, 1987.
Motion was made by Councilperson Skelton to approve the
minutes of November 2 as presented. Second by
Councilperson Clarke. The motion carried, 9 ayes and 0
nays.
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Minutes, Regular Meeting, La Porte City Council
November 23, 1987, Page 2
Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter,
Shipp, Gay, Skelton, Clarke and Mayor Malone
Nays: None
4. Council considered approving minutes of the regular meeting
held November 9, 1987.
Motion was made bv Counciloerson Waters to aoorove the
minutes of the November q meeting as read. Second by
Councilperson Lloyd. The motion carried, 9 ayes and 0
nays.
Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter,
Shipp, Gay, Skelton, Clarke and Mayor Malone
Nays: None
5. The Mayor proclaimed November 29 through December 5 as La
Porte Home Care Week. Ms. Peggie Terry and Ms. Linda
Meyers accepted the proclamation.
6. Ms. Alice Romero, Tri-Gas, Inc., presented Gary Williams,
EMS Assistant Director, with a check to the EMS to purchase
medical oxygen for the Service. Her donation was greatly
appreciated.
7. Council received a recommendation from the La Porte Golf
Course Advisory Board Chairman David Brady on the layout
and architectural design of the golf course club house.
After receiving Mr. Brady's recommendation, motion was made
bv Counciloerson Skelton to aoorove the design oresented
for the golf course club house. Second by Councilperson
Porter. The motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter,
Shipp, Gay, Skelton, Clarke and Mayor Malone
Nays: None
8. Council received a preliminary report on dangerous
buildings from Chief Building Official Ervin Griffith.
After the presentation, motion was made by Counciloerson
Llovd to set a oublic hearing date of Januarv 11 regarding
dangerous buildings. Second by Councilperson Waters. The
motion carried, 9 ayes and 0 nays.
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Minutes, Regular Meeting, La Porte City Council
November 23, 1987, Page 3
Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter,
Shipp, Gay, Skelton, Clarke and Mayor Malone
Nays: None
9. Council considered an ordinance updating TMRS service
credits.
Human Resources Manager Doug Morena addressed Council on
this item and item 10. He then introduced Gary Anderson of
the Texas Municipal Retirement System, who also addressed
Council on this item and item 10, which dealt with an
ordinance adopting Senate Bill 505 provisions.
Motion was made bv Counciloerson Porter to table items q
and 10 until the meeting on December 7. Second by
Councilperson Skelton. The motion carried, 9 ayes and 0
nays.
Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter,
Shipp, Gay, Skelton, Clarke and Mayor Malone
Nays: None
10. Council was to consider an ordinance adopting Senate Bill
505 provisions. This was tabled until December 7 along
with item 9.
11. Council considered approving a professional services
contract for risk management.
Mr. Bill Martin, President of Joseph Ivy, Inc., addressed
Council regarding this item.
After discussion, motion was made bv Councilperson Porter
to table this item until the meeting on December 7. Second
by Councilperson Matuszak. The motion carried, 9 ayes and
o nays.
Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter,
Shipp, Gay, Skelton, Clarke and Mayor Malone
Nays: None
12. Council considered an ordinance amending Chapter 8 of the
Code of Ordinances of the City of La Porte, by amending
terms under which the Southern Standard Plumbing Code,
1985
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Minutes, Regular Meeting, La Porte City Council
November 23, 1987, Page 4
Edition, and Appendices were adopted, by altering
requirements for the installation of water pipes.
The City Attorney read: ORDINANCE 1568 - AN ORDINANCE
AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES OF THE CITY OF
LA PORTE, BY AMENDING TERMS UNDER WHICH THE SOUTHERN
STANDARD PLUMBING CODE, 1985 EDITION, AND APPENDICES WERE
ADOPTED BY THE CITY, BY ALTERING REQUIREMENTS FOR THE
INSTALLATION OF WATER PIPES; PROVIDING THAT ANY PERSON
VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED
GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED
IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00);
CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY
CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made bv Counciloerson Matuszak to adoot
Ordinance 1568 as read bv the City Attornev. Second by
Councilperson Skelton. The motion carried, 9 ayes and 0
nays.
Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter,
Shipp, Gay, Skelton, Clarke and Mayor Malone
Nays: None
13. Council considered an ordinance amending Chapter 22-1/2 of
the Code of Ordinances of the City, by adopting the new and
most recent edition of the Standard Swimming Pool Code,
1985 edition, by amending terms under which the Standard
Swimming Pool code is to be adopted by the City by altering
the mechanical requirements.
The City Attorney read: ORDINANCE 1569 - AN ORDINANCE
AMENDING CHAPTER 22-1/2 OF THE CODE OF ORDINANCES OF THE
CITY OF LA PORTE, BY ADOPTING THE NEW AND MOST RECENT
EDITION OF THE STANDARD SWIMMING POOL CODE, 1985 EDITION,
AND APPENDICES, BY AMENDING TERMS UNDER WHICH THE STANDARD
SWIMMING POOL CODE IS TO BE ADOPTED BY THE CITY BY ALTERING
THE MECHANICAL REQUIREMENTS; PROVIDING THAT ANY PERSON
VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED
GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED
IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00);
CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY
CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
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Minutes, Regular Meeting, La Porte City Council
November 23, 1987, Page 5
Motion was made bY Counciloerson LloYd to adoot Ordinance
1569 as read bY the City Attorney. Second by Councilperson
Waters. The motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter,
Shipp, Gay, Skelton, Clarke and Mayor Malone
Nays: None
14. Council considered resolutions for providing improvements
to City of La Porte Park Facilities.
This item was taken off the agenda of November 16 at the
request of the City Manager in order that the Texas Parks
and Wildlife Department could determine if the proposal to
move the location of a fishing pier in Little Cedar Bayou
park to another location one-half mile to the north, would
in any way affect the grant money for the park. Texas
Parks and Wildlife has determined that the grant money
would not be affected. Mr. Berdon Lawrence will donate
$100,000 to the Parks capital improvement program to be
utilized by the City.
Mr. Berdon Lawrence then briefly addressed Council
regarding his gift to the city.
Councilperson Skelton stated that he and Mr. Lawrence had
spoken about one of the restrictions in the declaration of
covenants and restrictions which prohibits motorized
vehicles. It was indicated that wheelchairs would be
exempt from this restriction. Mr. Lawrence affirmed that
he would write in a clause so stating.
The City Manager inquired of Mr. Lawrence that if Council
agrees to the resolutions, $10,000 to $15,000 could be set
aside for a parks master plan for the La Porte bayfront.
Mr. Lawrence was agreeable to this.
The City Attorney read: RESOLUTION 87-22 - A RESOLUTION
AUTHORIZING THE EXECUTION OF A "DECLARATION OF COVENANTS
AND RESTRICTIONS" DATED OCTOBER 26, 1987, BETWEEN CHARLES
BERDON LAWRENCE AND THE CITY OF LA PORTE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
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Minutes, Regular Meeting, La Porte City Council
November 23, 1987, Page 6
The City Attorney read: RESOLUTION 87-23 - A RESOLUTION
AUTHORIZING THE EXECUTION OF AN AGREEMENT DATED OCTOBER 26,
1987, BETWEEN CHARLES BERDON LAWRENCE AND THE CITY OF LA
PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made bv Counciloerson Llovd to aoorove
Resolutions 87-22 and 87-2i as read bv the City Attorney.
Second by Councilperson Shipp. The motion carried, 9 ayes
and 0 nays.
Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter,
Shipp, Gay, Skelton, Clarke and Mayor Malone
Nays: None
15. Council considered a resolution approving State Department
of Highways and Public Transportation Minute Order #86413.
The City Attorney read: RESOLUTION 87-26 - A RESOLUTION BY
THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, APPROVING
AND ACCEPTING MINUTE ORDER NO. 86413 AS PRESENTED BY THE
STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
Motion was made by Councilperson Skelton to aoorove
Resolution 87-26 as read by the City Attorney. Second by
Councilperson Gay. The motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter,
Shipp, Gay, Skelton, Clarke and Mayor Malone
Nays: None
16. Council consider approval of contract to purchase potable
surface water from the La Porte Area Water Authority by the
City of Shoreacres.
Motion was made by Counciloerson Matuszak to aporove the
contract between the La Porte ARea Water Authoritv and the
City of Shoreacres. Second by Councilperson Clarke. The
motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter,
Shipp, Gay, Skelton, Clarke and Mayor Malone
Nays: None
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Minutes, Regular Meeting, La Porte City Council
November 23, 1987, Page 7
17. Council considered approval of contract to purchase potable
surface water from the La Porte Area Water Authority by the
City of Morgan's Point.
Motion was made bv Councilperson Clarke to approve the
contract between the La Porte Area Water Authoritv and the
Citv of Morgan's Point. Second by Councilperson Lloyd.
The motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter,
Shipp, Gay, Skelton, Clarke and Mayor Malone
Nays: None
18. Council considered approving additional funds to SWA Group
for expenses relating to Little Cedar Bayou Park re-bid for
construction.
Motion was made bv Councilperson Skelton to approve the
additional expenses to SWA Group for re-bid of
construction of Little Cedar Bavou Park. Second by
Councilperson Shipp. The motion carried, 9 ayes and 0
nays.
Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter,
Shipp, Gay, Skelton, Clarke and Mayor Malone
Nays: None
19. Council considered approving an agreement for design
contract for the fire training facility.
Motion was made bv Councilperson Lloyd to approve the
agreement with Black & Veatch for a design contract for the
fire training facilitv in the amount of $76,798. Second by
Councilperson Porter. The motion carried, 9 ayes and 0
nays.
Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter,
Shipp, Gay, Skelton, Clarke and Mayor Malone
Nays: None
20. Workshop Item: Six-month review of Sylvan Beach Convention
Center.
Director of Parks & Recreation Stan Sherwood presented a
report on this item. Included in the report was a cost
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Minutes, Regular Meeting, La Porte City Council
November 23, 1987, Page 8
breakdown on restoration, and expenditure and profit
report, steps needed to become truly a Convention Center
and related costs, marketing ideas, etc. Mr. Sherwood was
proud to report that the Pavilion is operating in the black
at this time.
At the conclusion of the report, Mr. Sherwood announced
that staff would like to place a bronze plaque at Sylvan
Beach Convention Center, and asked input from Council as to
the wording they would like to see on the plaque. He asked
for written comments from the Council.
Councilperson Lloyd proposed a workshop in January to look
at marketing ideas and rental rates (including off-peak
hours). Councilperson Matuszak proposed that we also look
into energy-efficient improvements as we develop the
Convention Center. Councilperson Porter added that he
would like to see some kind of reciprocal agreement with
the school be looked into. Councilperson Shipp inquired as
to the cost of having a metes and bounds survey done.
21. There were no administrative reports.
22. Council Action: Councilpersons Waters, Lloyd, Matuszak,
Shipp, Gay, Skelton and Mayor Malone brought items to
Council's attention.
A workshop will be held on December 7, with a called
regular meeting to follow. The feasibility of only having
the one meeting in December will be investigated by the
City Manager.
23.
Council adjourned into executive session
discuss a personnel matter, which was to
performance review of the City Manager.
to the Council table at 9:14 P.M.
at 8:31 P.M. to
continue the
Council returned
24. There being no further business to come before the Council,
the meeting was duly adjourned at 9:14 P.M.
Respectfully submitted:
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Cherie Black, City Secretary
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Minutes, Regular Meeting, La Porte City Council
November 23, 1987, Page 9
Passed & Approved this the
7th day of December, 1987
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CITY OF
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LA PORTE
roc amation
DJJ hrm:
Home. C.Me. ptLov-<-deo a w,[de. Jtange. 00 ne.e.de.d he.aLth and
.6Uppol!.tive. .6Vtv-<-c.eo to the. ili., e1.dVtly,cLUable.d and
-<-n6-<-nm -<-n. th~ home..6; and
WHEREAS, the. c.onc.e.pt 06 home. C.Me. -i-6 the. olde..6t and m0.6t e.nc1.uM.ng
~on 06 he.aLth .6Vtv-<-c.e. de.U..vVty -<-n. the. Un-Ue.d S:ta:teo; and
WHEREAS, home. C.Me. .6Vtv-<-c.e..6 he1.p plteoVtve. one. 06 the. c.oUYLttty'.6 m0.6t
.unpolLt.a.n.:t. .60c.UU.. va.f.u.e..6, k.e.e.p-<-ng 6amilieo toge.:thVt; and
WHEREAS, Me.cU.c.Me. and Me.cU.c.lWi have. a.ut.hotUze.d payme.nt.6 60Jt home.
c.aJte. .6-<-n.c.e. '1967 wah C.On6.ta.nte.y gJtof.,lJ,{.ng nwnbe.JL6 06 ptLiva.:te.wuJte.JL6 aL60
Jte.c.ogrU.z-<-ng the. va.f.u.e. 06 .6uppoJtU.ng .6uc.h c.aJte.; and
WHEREAS, mO.6t Ame.tUc.an.o pJte.6Vt 60Jt the.m.oe1.veo and th~ 6amilie..6 to
Jtemaht and Jte.c.uve. .tJr.e.a.tme.Yl.t whe.ne.vVt pO.6.6-<-ble. ht the. c.om60lLt. and .6 e.c.UJU.;ty
06 th~ own homeo; and
WHEREAS, thVte. -i-6 a .6-<-grU.6-<-c.a.n.:t. and gJtof.,lJ,{.ng body 06 e.v-<-de.nc.e. tha:t
home. C.Me. .6 Vtv-<-c.e..6 .6Umu1..a.:te. quic.k.Vt and 6u.UVt Jte.c.ove.tUeo and -<mPJtove.me.nt.6
than c.ompaJZ.a.ble. .6Vtv-<-c.e..6 wLth.i..n. -<-n6WuU.on.o; and
WHEREAS, a -i-6 b e.c.om-<-n.g -<-ncJl.e.a.o-<-ngly e.v-<-de.Yl.t tha.:t home. c.aJte. pJtov,[de..6
a C.O.6t e.66e.c,Uve. dilivVty .6Y.6tem 60Jt YU.gh qu.a;t{1:,y, -<-nMv-i.du.a.li.ze.d he.aLth
.6 Vtv-<-c.eo .
NOW, THEREFORE, I, NORMAN MALONE, MAYOR 06 the. c-<-ty 06 La PolLt.e., do
hVte.by pJtoc.la.Un the. we.e.k. 06 NovembVt 29 thMugh Ve.c.embVt 5, 1987, a.o
, LA PORTE HOME CARE WEEK
to c.o-<-n.Ude. w.-L:th the. c.e1.e.bl1.a-ti..on 06 Na.ti..ona1. Home. CMe. We.e.k.; itnd hVte.by
e.x.pJte..6.6 the. c-<-ty 06 La PolLt.e.'.6 .6UppoJt:t and applte.c.-i.a..Uon 06 La PolLt.e. home.
c.aJte. pltov-<-de.JL6 and c.omme.nd all the. de.dic.a.te.d -<-ndiv-<-du.a.l.6 who have. de.vote.d
thebt c.CVl.e.e.JL6 to pJtov..uLi..ng tugh qu.a;t{1:,y home. C.Me. .6eJtv-<-c.e..6 to ..i.:t6 ci.tize.n6.
IN WITNESS WHEREOF, I have.-hVte.uYl.to .6e.:t my hand and c.a..u.6e.d the. Se.al.
06 the. Cay to be. a6Mxe.d hVte.:to, tlU6 the. 23Jtd day 06 NovembVt, 1987.
No~an L. Mal.one., MayoJt
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CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
NOVEMBER 20, 1987
TO: Robert T. Herrera, City Manager
Joel
Joerns, Asst. City Manager ~Ct
H , A I b r e c h t, D j, r e c tor 0 f C 0 mm un it y .'
Course Club House
THRU:
FROM:
John
SUBJECT: Golf
This past Wednesday the Golf Course Advisory Board met to discuss the
status of the golf course aDd thp status of the architectural services
for the club house buildinE.
At our last Advisory meeting on October 14, 1987 a joint meetine with
the City Council was held and a review of the preliminary design was
made. The design was approved subject to the following exceptions:
1.) He-arrange the rest rooms to be accessible from the dining
room and the bar area.
2.) No showers
3.) No lockers
4.) Look into the design of an outside baJcony
Ray DeLaReza, the architect, did revise the model and the design of
the proposed structur'e, accompl ishing all of the except.i ons noted
above. In doing the re-design the square footage of the pro shop
decreased and the dining facility increased, as well as the overall
square footage to 3220 square feet. This increased size as well as
the balcony will increase the cost of the structure to an estiDJated
$166,000 plus the architects fees.
The Golf Course Advisory Board did review the
favorable consideration to the City Council.
Chairman will make a presentation to the City
November 23, 1987.
plans and does recommend
David Brady, the
Council Monday night,
The Staff does concur with the recommendation.
JHA/neb
xc: John Joerns, Asst. City Manager
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. ...OLF COURSE ADVISORY BOA.
MINUTES OF MEETING
OCTOBER 14, 1981
THOSE PRESENT
Advisory Board
City of La Porte
Jim Longnecker
Dr. Reed Tolles
Lloyd Roper
David Brady
Dennis Dunham
Dr. Rudee Wheeler
Dick Hayes
Jack Humphrey'
John Joerns
Bob Herrera
Joel Albrecht
Pat O'Mally
City Council
Melissa Lesjetstar - Baysho~e Sun
John Lloyd
Jerry Clark
Mike Shipp
Mayor Malone
B. Don Skelton
Alton Porter
Others
Meeting was opened by David Brady, Chairman at 6:00 PM
ITEM 1: Basic floor plan for club house was presented by David Brady.
Floor plan was approved with the following exceptions:
1. Re-arrange restrooms to be accessible from dining room
and bar area.
2. No showers.
3. No lockers.
4. Look into design of outside balcony.
ITEM 2: Vote on names for the Golf Course. La Porte's Bay Forest
Golf Course was selected by popular vote. Those present and
voted are as follows:
Jim Longnecker, Reed Tolles, John Lloyd, Lloyd Roper, David
Brady, Dennis Dunham, Mike Shipp, Jack Humphrey, Jerry CLark,
Dr. Rudee Wheeler, Dick Hayes, Mayor Malone, B. Don Skelton,
Alton Porter.
MEETING ADJOURNED
PASSED AND APPROVED:
THIS THE
DAY OF
, 1987
David Brady, Chairman
Exhibit B
REOUE4i'FOR CITY COUNCIL AGENDA ~
Agenda Date Requested: November 23, 1987
Ervin Griffith, Building Official
Requested By: Paul Hickenbottan, FirEDepartment:
Harshal
X Report X Resolution
Code Enforce:nent/Carrn. Developnent
Ordinance
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Exhibits: (1)
(2)
Inspection reJX>rts on buildings to be considered for danoli tion
Slide presentation on same
SUMMARY & RECOMMENDATION
The City's Dangerous Building Board of Inspection recruests Cormcil to consider
seven buildings for condemnation and danolition.
(1)
(2)
(3)
(4)
(5 )
(6 & 7)
129 N 3rd; 2 story frame house
404 N 5th; partially demolished one story frame house
300 Block N 5th; rmaddressed one story frame house located
on the southeast comer of N. 5th and 'lI]est Tyler.
420 N 6th; one story frame house
202 N. 5th; one story frame house
201 N 5th; (a) one story frame duplex
(b) one story frame secondary dv.relling
All of the al:ove listed buildings have been approved for demolition utilizing
Harris Cormty Carmuni ty Developnent Block Grant Funds. There will be no cost
to the avner of any building demolished rmder this block grant program.
The next step in the condemnation process is to schedule a public hearing before
City Cormcil at which these buildings will be formally considered for demolition.
OWners of these buildings will be notified of this hearing. If they choose to
attend, they will be given the oPJX>rtunity to speak to Cormcil regarding the
condemnation of their structUres.
Action Required by Council:
(1) Authorize the Board of Inspections to proceed by notifing the owners
of these buildings of the City's intent.
(2) Schedule a dangerous building public hearing for January 11, 1988.
Availability of Funds:
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
N/A
X
Account Number:
Funds Available: __ YES
NO
A
Council A e a
Ifo!t7
DAT I
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CITY OF LA PORTE
DANGEROUS BUILDING
INSPECTION FOIU-1
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DATE
11-16-87
STREET ADDRESS129 N. 3rd
OIVNER Edward P. & Madalye Yblf
ADD RE S S 811 Bayshore, La Porte
OCCUP ANT None
AGENT N/A
SURVEY OR
SUBDIVISION La Porte
BLOCK
57
LOT 31-33
ZONING
G.C.
TYPE OCCUPANCY Single Family Residence
,:~...,
FACILITIES AVAILABLE: WATER XX
SANITARY SEHER XX '
ELECTRICAL POWER XX
GAS
XX
NUMBER OF DWELLING UNITS
1
VACANT
XX
OCCUPIED
AS REQUIRED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-118, THE.
BOARD OF INSPECTION !4ADE AN INSPECTION OF THE AFOREMENTIONED PROp.
ERTY, AND DETEfu~INED THE BUILDING LOCATED THEREON, IN THEIR OPINION,
IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: (AS
OUTLINED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-117).
BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER
'REPAIR OR ANY OTHER CAUSE, ~T IS ESPECIALLY LIABLE TO
FIRE AND CONSTITUTES A FIRE aAZARDj OR
BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT IS
LIABLE TO CAUSE INJURY OR DN.1AGE BY COLLAPSING OR BY COL-
LAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR
BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF.SECURED
DOO.RS OR HINDO\'1S, IT IS AVAILABLE, TO AND FREQUENTED BY
MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LAWFUL
OCCUP&~TS OF SAID STRUCTUREj OR
BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC
HEALTH AND ~ffiY CAUSE OR AID IN THE SPREAD OF DISEASE
OR INJURY TO THE HEALTH OF THE OCCUPANTS OF IT OR NEIGH-
BORING STRUCTURES. -
(SEE INSPECTION CHECKLIST ON REVERSE SIDE WHICH IS A PART OF THIS
REPORT. )
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
It is the unaninPus.:opinion of the Inspection Board, after using City of La Porte
Ordinance #1355 (Standard Housing Code, 1983 Edition) as its guide in making the
inspection, that this building is in fact dangerous, as per Chapter 3, Section 309
(a)' (b) of the Standard Housing Code. This building does not provide the basic
minimum housing standards deemed essential and is a: threat to public safety,
health and the general welfare of the citizens of La Porte.
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(l) to LA PORTE ORDINANCE : 1355
'0 '0 "0+1
to (l) Q) U) (STl\NDARD HOUSING CODE,
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H Z ZH 1982 EDITION)
1. Mec1I1S of Eo ress X
2. Room Sizes
3 . Pn.v.J.cy of l3.J.th
4 . Pr~v.J.cy of Bedrooms
5. Free of Infes ta tionsl NO
6. Gc1rb<1qe Storc1ge -.-
7 . Ceilinq Heights ..-
8, \vindm", Clearc1nces X
9. \vindow Area X
10. W indm", Openable .-
Areas X
11. \Vindow Sc1sh X
12. Screens X
13. \<Jindmv Frames X
14. Foundation X ..
IS. Piers I X I
l6. Floor Framing
17. Flooring
18. Exterior ivalls X
19. Columns
20. Exterior Steps X
21. Exterior Stairs N/A
22. Roofing X
23. Roofing Flashing X
24. Roof Rafters
25. Sheathing
26. Exterior Doors X
27 . Interior Doors
28. Partitions
29. Interior Stairs
30. Ceiling Joists I
3l. Hard\'lare
32. Mechanical Ventila-
tion
33. Electric Lights X
34. Electric Switches x
35. Electric Outlets X
36. Electric Panel X
37. Heating Equipment I
38. Sink
39. Lavc1tory
40. \'la ter Closet
41. Bath Tub
42. Plumbinq Drainuqe x
43. Hot \'7a ter' " x
44. Cold \va tcr X
45. Wc1 tc r HCc1ter X -
46. Grc1SS
47. 'l'r.J.sh YES
48. Appl i c1nC(~S N/A.
49. Furniture NIA
50. Automobiles N/A
51. Second.:lry Structure X
CHECK LIST
CODE VIOIATION
001'1DlTS
. .
e
e
CITY OF LA PORTE
DANGEROUS DUILDING
INSPECTION FORH
. -
Dl\TE
11-16-87
STREET ADDRESS 414 N. 5th
mVNER Alvin & Rosie lee Mayshaw
ADDRESS 422 N. 5th , La Porte
OCCUPANT
None
AGENT
N/A
SURVEY OR
SUBDIVISION
La Porte
BLOCK
89
LOT 9 & 10
ZONING
R-I
TYPE OCCUPANCY
,\
S1n~le Family Res;npn~~
xx
SANITARY SEl'lER
xx .
FACILITIES AVAILABLE:
WATER
ELECTRICAL POWER xx
NUl.mER OF m<lELLING UNITS 1
GAS
xx
VACANT
xx
OCCUPIED
AS REQUIRED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-118, THE.
BOARD OF INSPECTION HADE AN INSPECTION OF THE AFOREMENTIONED PROp.
ERTY, AND DETElli~INED THE BUILDING LOCATED THEREON, IN THEIR OPINION,
IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: (AS
OUTLINED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-117).
(1)
BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER
'REPAIR OR ANY OTHER CAUSE, ~T IS ESPECIALLY LIABLE TO
FIRE AND CONSTITUTES A FIRE aAZARDi OR
-.....,....- -
" . ..--.,.--.
G
o
o
Q
(2)
BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT IS
LIABLE TO CAUSE INJURY OR DAl.1AGE BY COLLAPSING OR BY COL-
LAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR
(3)
BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF .SECURED
DO~RS OR WINDOWS, IT IS AVAILABLE, TO AND FREQUENTED BY
MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LAWFUL
OCCUPk~TS OF SAID STRUCTURE; OR
(4 )
BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC
HEALTH AND }~Y CAUSE OR AID IN THE SPREAD OF DISEASE
OR INJURY TO THE HEALTH OF THE OCCUPANTS OF IT OR NEIGH-
BORING STRUCTURES. .
(SEE INSPECTION CHECKLIST ON REVERSE SIDE WHICH IS A PART OF THIS
REPORT. )
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
It is the unani.mouS- opinion of the Inspection Board, after using City of La PortE
Ordinance#l355 (Standard Housing Code, 1983 Editionl as its quide in making the
,. inspection, that this building is in fact danqerous, as per Chapter 3, Section 3C
. '
(a) (b) of the Standard Housing Code.' This buildinq does not provide the basic
minimum housinq standards deemed essential and is a threat to public safety ,
health and the general welfare of the citizens of La Porte.
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Q) It! L1\ PORTE ORDIN1\NCE ~ 1355
'0 "0 'O+J
It! Q) Q) Ul (ST1\ND1\RD HOUSING CODE,
c: Q) Q) c:
H Z ZH 1982 EDITION)
1. Means of Eo res s X
2. Room Sizes X
3 . Pr~vacy of Bath X
4 , Privacy of Bedrooms X
5. Free of Infestations N/A
6. N/A --
Garb<1qe Storage
7 . Ceiling Heights "-
X
8 . '\hndo\v Clearances X
9. \vindow Area X
10. W indO\v Openable .- .-
Areas X
11. \hndow Sash X
12. Screens X
13. \v indO\v Frames X
14. Foundation X ..
15. Piers X I
16. Floor Framing X
17. Flooring x
IS. Exterior \valls x
19. Columns N/A
20. Exterior Steps X
21. Exterior Stairs N/A
22. Roofing X
23. Roofing Flashing X
24. Roof Rafters X
25. Sheathing X I
26. Exterior Doors X
27. lnterior Doors X
28. Partitions X
29. lnterior ,S tairs N/A
30. Ceiling Jois ts X I
3l. Hard\'lare X
32. Mechanical Ventila-
tion X
33. Electric L ig h ts X
34. Electric Switches X -
35. Electric Outlets X .
36. Electric Panel X
37. Heating Equipment " I X
38. Sink X
39. Lavat.ory X
40. \'later Closet X
41. Bath Tub X
42. Plumbing- Drain.:tqe X
43. Hot \'1 a ter . X
44. Cold \va ter X
45. Water Heater X -
46. Grass N/A
47. 'l'r.:lsh N/A
48. Appliances X
49. Furniture N/A
50. Automobiles N/A
51. Secono.:1ry Structure I\l/A
CHECK LIST
CODE VIOLATION
rol'llllTS
. .
e
e
CITY OF LA PORTE
DANGEROUS BUILDING
INSPECTION FOIU-l
DATE
11-16-87
STREET ADDRESS 300 Block of North 5th
OHNER Joseph L. & Shirley Thil::odeaux
ADDRESS 323 N. 5th, La Porte
OCCUP ANT NONE
AGENT N/A
SURVEY OR
SUBDIVISION
La Porte
BLOCK
80
LOT 1 & 2
ZONING
R-1
TYPE OCCUPANCY
Single Family Residence
FACILITIES AVAILABLE: WATER XX
ELECTRICAL POWER XX
SANITARY SEI'lER XX
GAS
XX
NUHBER OF DWELLING UNITS
1
VACANT
xx
OCCUPIED
AS REQUIRED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-118, THE.
BOARD OF INSPECTION I~~DE AN INSPECTION OF THE AFOREMENTIONED PROp.
ERTY, AND DETElli~INED THE BUILDING LOCATED THEREON, IN THEIR OPINION,
IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: (AS
OUTLINED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-117).
(3)
BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER
'REPAIR OR ANY OTHER CAUSE, iT IS ESPECIALLY LIABLE TO
FIRE AND CONSTITUTES A FIRE EAZARD; OR
BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT IS
LIABLE TO CAUSE INJURY OR DN.1AGE BY COLLAPSING OR BY COL-
LAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR
BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF .SECURED
DO~RS OR WINDOWS, IT IS AVAILABLE TO AND FREQUENTED BY
MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LAWFUL
OCCUPANTS OF SAID STRUCTURE; OR
IJ
o
o
~
(1)
(2)
(4 )
BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC
HEALTH AND HAY CAUSE OR AID IN THE SPREAD OF DISEASE
OR INJURY TO THE HEALTH OF THE OCCUPANTS OF IT OR NEIGH-
BORING STRUCTURES. .
(SEE INSPECTION CHECKLIST ON REVERSE SIDE WHICH IS A PART OF THIS
REPORT. )
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
It is the unaninous:~pinion of the Inspection Board, after usin;r City of La Porte
Ordinance #1355 (Standard Housing Co::le, 1983 Edition) as its guide in making the
'inspection, that this building is in fact dangerous, as per Chapter 3, Section 309.:
(a) (b) of the Standard Housing Code. This milding does not provide the basic
minimum housing standards deemed essential and is a threat to public safe~,
health and the general welfare of the citizens of La Porte.
)LTons: ~
.. ~C/2- . n YrYI:/~~
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::l (l) 0.-4
0' ~ ~.-4
QJ rtl LA PORTE ORDINANCE ~ 1355
'0 '0 'O~
rtl (l) (l) tJ) (STANDARD HOUSING CODE,
c (l) OJ c 19B2 EDITION)
H ~ ZH
.c...
1, Means of Earess X
2. Room Sizes
3 . Privacy of Bath
4. PriveJ.cy of Bcdrooms
5. Free of Infestations
6. 0'-
Garbilqe StoreJ.ge
7 . Cciling Heights u_
8 . \VindO\v Clearances
9. \vindow Area
10. WindO\v Openable --
Areas
11. \hndO\v Sash
12. Screens
13. \v indO\v Frames
14. Foundation --
15. piers I
16. Floor Framing
17. Flooring
18. Exterior \valls
19. Columns
20. Exterior Steps
21. Exterior Stairs
22. Roofing
23. Rooring Flashing
24. Roof Rafters
25. Sheathing
26. Exterior Doors
27.' Interior Doors
28. Partitions
29. Interior ,S tairs
30. Ceiling Joists
3l. Hardware
32. Mechanical Ventila-
tion
33. Electric Lights
34. Electric Switches I
35. Electric Outlets
36. Electric Panel
37. Heating Equipment I
38. Sink
39. Lav<:ltory
40. \'7a ter Closet
41. Bath Tub
42. Plumbing Drainc:lqe
43. Hot \'7a ter -,
44. Cold \va. tcr
45. W<:ltcr HeZltcr -
46. Gr<:lSS
47. 'l'reJ. sh
48. Appliances
49. Furniturc
50. Automobilcs I
5J.. Sccond.J.ry Structurc
CIIECK LIST
CODE VIOlATION
ffi1.1fllTS
e
e
CITY OF LA PORTE
DANGEROUS BUILDING
INSPECTION FORM
. -
DATE 11-16-87
STREET ADDRESS
201 N 5th #2
OCCUP ANT None
ADDRESS PO #171. La Porte
AGENT N/A
m'lNER Everlena Thornton
SURVEY OR
SUBDIVISION La Porte
BLOCK
66
LOT 17-20
TYPE OCCUPANCY Residence (Duplex)
SANITARY SEIfER XX.
ZONING
R-1
FACILINES AVAILABLE: WATER XX
ELECTRICAL POWER XX GAS XX
NUl-mER OF DI'1ELLING UNITS ' 1 VACANT XX OCCUPIED
AS REQUIRED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-11B, THE.
BOARD OF INSPECTION HADE AN INSPECTION OF THE AFOREMENTIONED PROp.
ERTY, AND DETE~~INED THE BUILDING LOCATED THEREON, IN THEIR. OPINION,
IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: (AS
OUTLINED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-117) .
Id
B
o
g
(1)
BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER
'REPAIR OR ANY OTHER CAUSE, ~T IS ESPECIALLY LIABLE TO
FIRE AND CONSTITUTES A FIRE ~AZARD; OR
(2)
BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT IS
LIABLE TO CAUSE INJURY OR DN1AGE BY COLLAPSING OR BY COL-
LAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR
(3 )
BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF .SECURED
DOO.RS OR HINDOI'1S, IT IS AVAILABLE TO AND FREQUENTED BY
MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LAWFUL
OCCUPANTS OF SAID STRUCTURE; OR
(4 )
BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC
HEALTH AND ~~Y CAUSE OR AID IN THE SPREAD OF DISEASE
OR INJURY TO THE HEALTH OF THE OCCUPANTS OF IT OR NEIGH-
BORING STRUCTURES. -
(SEE INSPECTION CHECKLIST ON REVERSE SIDE WHICH IS A PART OF THIS
REPORT. )
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
It is the unannn:>us;"opinion of the Inspection Board, after usinq City of La Porte
Ordinance #1355 (Standard Housing Cooe, 1983 Edition) as its quide in making the
'inspection, that this building is in fact danqerous, as per Chapter 3, Section 309.:
(a) (b) of the Standard Housing Cooe. This buildinq does not provide the basic
minimum housing standards deemed essential and is a threat to public safety,
health and the general welfare of the citizens of La Porte.
pv
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=' <lJ OM
0' ~ +J M
<lJ m Ll\ PORTE ORDINl\NCE I 13.55
'0 '0 'O+J
m <lJ <lJ III (STl\NDl\RD HOUSING CODE,
s:: <lJ <lJ c: 1ge2 EDITION)
H Z ZH
1. Mcans of Eg ress X
2. Room Sizes
3. Privacy of Bath
4 . Privacy of Bedrooms
5. Free of Infestations ID
6, Storage ..-
Garb<1qe
7 . Ceiling Heights u_
8 . \'lindo\V Clearances OK ,
9. \oJindow Area X
10. Windo\V Openable .-
Areas X
11. \'lindO\oJ Sash X
12. Screens X
13. \oJ indO\v Frames X
14. Foundation X ..
15. Piers X I
16. Floor Framing X
17. Flooring x
IS. Exterior \valls x
19. Columns N/A
20. Exterior Steps I N/A
21. Exterior Stairs NIA
22. Roofing X
23. Roofing Flashing ~
24. Roof Rafters X
25. Sheathing X
26. Exterior Doors X
27. Interior Doors
28. Partitions X
29. Interior ,Stairs N}A
30. Ceiling Joists
3l. Hard'dare
32. Mechanical Ventila-
tion
33. Electric Lights X
34. Electric Switches X
35. Electric Outlets X
36. Electric Panel X
37. Heating Equipment " X
38. Sink
39. LavlJ.tory
40. \'later Closet
41. Bath Tub
42. Plumbing Drainage X
43. Hot \'Ja ter " X
44. Cold \va ter X
45. Water Heatcr -
46. GrlJ.SS
47. 'l'r lJ. sh
48. Applianc(~s
49. Furnitllre
50. Automobiles
51. Second.J.ry Structure
CHECK LIST
CODE VIOLATICN
COYt.1fl\1TS
e
e
CITY OF LA POR'.l.'E
DANGEROUS DUILDING
INSPECTION FORM
DATE
11-16-87
STREET ADDRESS
201 N 5th #1 (Duplex)
OlfflER Everlena Thornton ADDRESS Po #171, La Porte
OCCUPANT None AGENT N/A
SURVEY OR 66 17-20
SUBDIVISION La Porte BLOCK LOT
ZONING R-l TYPE OCCUPANCY Pesidence (Duplex)
FACILITIES AVAILABLE: WATER
xx
SANITARY SEI'ffiR
xx
ELECTRICAL POWER XX
GAS
xx
NUMBER OF DWELLING UNITS
2
VACANT
2
OCCUPIED
AS REQUIRED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-118, THE.
BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROp.
ERTY, AND DETE~~INED THE BUILDING LOCATED THEREON, IN THEIF. OPINION,
IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: (AS
OUTLINED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-117).
[J
o
D
G
(I)
BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER
'REPAIR OR ANY OTHER CAUSE, ~T IS ESPECIALLY LIABLE TO
,FIRE AND CONSTITUTES A FIRE aAZARD; OR
(2)
BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT IS
LIABLE TO CAUSE INJURY OR DA}ffiGE BY COLLAPSING OR BY COL-
LAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR
(3)
BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF .SECURED
DOORS OR WINDOWS, IT IS AVAILABLE TO AND FREQUENTED BY
MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LAWFUL
OCCUPANTS OF SAID STRUCTURE; OR
(4 )
BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC
HEALTH AND MAY CAUSE OR AID IN THE SPREAD OF DISEASE
OR INJURY TO THE HEALTH OF THE OCCUPANTS OF IT OR NEIGH-
BORING STRUCTURES. .
(SEE INSPECTION CHECKLIST ON REVERSE SIDE WHICH IS A PART OF THIS
REPORT. )
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
It is the unanimous opinion of the Inspection Board, after using City of La Porte
Ordinance #1355 (Standard Housing Code, 1983 Edition) as its guide in making the
inspection, that this building is in fact dangerous, as per Chapter 3, Section 309.1
(a) (b) of the Standard Housing Code. This building does not provide the basic
minimum housing standards deaned essential and is a threat to public safety,
health and the general welfare of the citizens of La Porte.
~RS: bE
. ~? ~" __ '6l';P;IS/ttHM'~
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ro 0.. QJ REMl\RKS
~ Q) Or-!
0' p:; ~r-! -
QJ IlJ LA PORTE ORDINANCE # 1191
"0 "0 'OJJ
ro Q) Q) Ul ( STANDARD HOUSING CODE,
c QJ QJ C 1979 EDITION)
H Z ZH
1. Means of Egress X
2 . Room Sizes
3 . Privacy of Bath
4 . Privacy of Bcdrcom,s
5. Free of Infestations NO
..-
6. Garbuqe Storage ..-
7. Ceiling Heights
8 . WindO\v Clearances X
9. \Vindow Area X
---
10. Window Openable
Areas X
ll. \Vindow Sash X
-
12. Screens X
13. WindO\v Frames X
..
14. Foundation X
15. Piers X I
16. Floor Framing x
17. Flooring x
18. Exterior \valls x
19. Columns N(~
20. Exterior Steps X
21. Exterior Stairs N/A
22. Roofing OK
23. Roofing Flashing X
24. Roof Rafters X
25. Sheathing X
26. Exterior Doors X
27. Interior Doors N/A
28. Partitions l'17A
29. Interior Stairs N/A
30. Ceiling Joists N/A
3l. HardVlare N/A
32. Mechanical Ventila-
tion N/A
33. Electric Lights IX
34. Electric Switches X
35. Electric Ou tlets X
36. Electric Panel X
37. Heating Equipment
38. Sink
39. Lavatory
40. \va ter Closet
41. Bath Tub
42. Plumbinq Drainage X
43. Hot \'la ter X
44. Cold \va tcr X
45. Wntcr Heilter N7A -
46. GrilSS N/A
47. '1' r .::l S h N/A
48. Appli.::lncGs NA
49. Furniture N fA
50. Automobiles N IA
51. Second.J.ry Structure ~/A'
ClIErK J 1ST
com:ENTS
e
e
CITY OF LA PORTE
DANGEROUS DUILDING
INSPECTION FORH
DATE 11-16-87
STREET ADDRESS
420 N. 6th
OCCUP ANT NONE
ADDRESS 15106 Steeple Chase
Missouri City, iexas 77489
AGENT N/A
OlVNER Jolmson CUrtis
SURVEY OR
SUBDIVISION La Porte
BLOCK
90
LOT
5 &6
ZONING R-l
TYPE OCCUPANCY Single Family Residence
FACILITIES AVAILABLE: WATER
xx
SANITARY SEI'lER
xx
ELECTRICAL PO\vER
xx
GAS
xx
NUMBER OF DWELLING UNITS
1
VACANT
xx
OCCUPIED
AS REQUIRED IN CITY OF LA PORTE ORDINANCE #1145, SECT.I~)N 8-118, THE
BOARD OF INSPECTION 11ADE AN INSPECTION OF THE AFOREMENTIONED PROp.
ERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEI~OPINION,
IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLO\VING REASONS: (AS
OUTLINED IN CITY OF LA PORTE ORDINh~CE #1145, SECTION 8-117) .
EJ
o
D
g
(1 )
BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER
'REPAIR OR ANY OTHER CAUSE, ~T IS ESPECIALLY LIABLE TO
FIRE AND CONSTITUTES A FIRE ~AZARD; OR
(2)
BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT IS
LIABLE TO CAUSE INJURY OR Dk~ffiGE BY COLLAPSING OR BY COL-
LAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR
(3)
BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF.SECURED
DOORS OR IvINDOl'lS, IT IS AVAILABLE TO AND FREQUENTED BY
MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LAWFUL
OCCUPANTS OF SAID STRUCTURE; OR
(4 )
BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC
HEALTH AND MAY CAUSE OR AID IN THE SPREAD OF DISEASE
OR INJURY TO THE HEALTH OF THE OCCUPANTS OF IT OR NEIGH-
BORING STRUCTURES.
(SEE INSPECTION CHECKLIST ON REVERSE SIDE mnCH IS A PART OF THIS
REPORT. )
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
It is the unanimous opinion of the Inspection Eoard, after using City of La Porte
Ordinance #1355 (Standard Housing Code, 1983 Edition) as its guide in making the
..... '.- ...,-
.....inspection, that this building is' in fact dangerous, as per Chapter 3, Section 309.l
~o~'. (br---o:f the Standard Housing Code. This building does not provide the' basic
minimum housing standards deaned essential and is a threat to public safety ,
health and the general welfare of the citizens of La Porte.
7~s~
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Q) .~ Q)
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0' ~ ~....-4
Q) Il:l Ll\. PORTE ORDIN1\NCE #
"0 "0 "O~
Il:l Q) Q) tn ( STl\.NDi\RD HOUSING CODE,
c Q) Q) C
H Z ZH EDITlm.l)
I. HCill1S of Egress X
2. Room Sizcs X
3. Privacy of Bath X
4 . Privacy of Bedrooms X
Intestations N/A -
5. Free of
- N/A ' -
6. Garbaqe Storage
Ceiling Heights N/A '.-'"'
~I
I .
Clearances . --
8. ivindo\V X
9. \vindow Area OK -
10. iv indmoJ Openable - .....-
Areas OK
11. \vindow Sash X
12. --
Screens X
}3. \v indow Frames X
14. Foundation X - ,
IS. Piers X
16. Floor Framing X
17. Flooring x
18. Exterior ivalls X
19. Columns I N/A
20. Exterior Steps I X
21. Exterior Stairs N/A
22. Roofing X
23. Roofing Flashing X
24. Roof Rafters X
25. Sheathing X
26. Exterior Doors X
27. Interior Doors X
28. Partitions X
29. Interior Stairs l-flA
30. CeIiing Joists X
3l. Hard'\-lare X
32. Mechanical Ventila-
tion X
33. Electric Light,s X
34. Electric Switches X
35. Electric Outlets X
36. Electric Panel X
37. Heating Equipment I X
38. Sink X
39. Lavatory X
40. \Vater Closet X
41. Bath Tub X
42. Plumbing DraincJqe .n.
43. Hot \'la ter x
44. Cold \.]Cl tcf' x
45. i'la tcr Heater x .- ...
4 G . Grass N/A
47. Trash N/A
48. Appliances N/A
4 9 -~' Furniture N/A
50. Automobiles N/A
51. Second.J.ry Structur.e N/A
CHeCK LIST
CODE VIOL1\TION
.
e
CITY OF LA PORTE
DANGEROUS nUILDING
INSPECTION FOfu\1
DATE 11-16-87
STREET ADDRESS
202 N. 5th Street
ADDRESS
601~ ~1est Polk
Ol'lNER Stanley Green
OCCUPANT NONE
AGENT
N/A
SURVEY OR
SUBDIVISION La Porte
BLOCK
65
LOT 15 & 16
TYPE OCCUPANCY Single Family Residence
ZONING
R-l
FACILITIES AVAILABLE: WATER
xx
SANITARY SE'i'lER XX
ELECTRICAL POWER
XX
GAS
XX
NUMBER OF DWELLING UNITS
1
VACANT
xx
OCCUPIED
AS REQUIRED IN CITY OF LA PORTE ORDINANCE #1145, SECTI':lN 8-lIS, THE
BOARD OF INSPECTION HADE AN INSPECTION OF THE AFOREMENTIONED PROp.
ERTY, AND DETEfu~INED THE BUILDING LOCATED THEREON, IN THEI~ OPINION,
IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: (AS
OUTLINED IN CITY OF LA PORTE ORDIN&~CE #1145, SECTION 8-117).
B
.[;]
Q
B
(1)
BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER
'REPAIR OR ANY OTHER CAUSE, ~T IS ESPECIALLY LIABLE TO
FIRE AND CONSTITUTES A FIRE HAZARD; OR
(2)
BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT IS
LIABLE TO CAUSE INJURY OR D~1AGE BY COLLAPSING OR BY COL-
LAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR
(3)
BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF.SBCURED
DOORS OR ~vINDO~'JS, IT IS AVAILABLE TO AND FREQUENTED BY
MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LAWFUL
OCCUPANTS OF SAID STRUCTURE; OR
(4)
BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC
HEALTH AND MAY CAUSE OR AID IN THE SPREAD OF DISEASE
OR INJURY TO THE HEALTH OF THE OCCUPANTS OF IT OR NEIGH-
BORING STRUCTURES.
(SEE INSPECTION CHECKLIST ON REVERSE SIDE ~~lICH IS A PART OF THIS
REPORT. )
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
It is the unanimous opinion of the Inspection Board, after using City of La Porte
Ordinance #1355 (Standard Housing Code, 1983 Edition) as its guide in making the
inspection, that this building is in fact dangerous, as per Chapter 3, Section 309.1
(a) (b) of the Standard Housing Code. This building does not provide the' basic
minimum housing standards deemed essential and is a threat to public safety,
health and the general welfare of the citizens of la Porte.-
~,PO~~ ~ '
~ ~. ~trt/~~
.
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Q) ...-i Q)
+J III .0'"
to 0. Q) REHi\RKS
~ Q) o~
0' 0:: +J~
Q) III LJ\ PORTE ORDINANCE #
'0 '0 'O+J
III Q) Q) 1Il ( STANDl\RD HOUSING CODE,
r:: Q) Q) c:
H Z ZH EDITIm.1)
1, Bcans of Egress X
2. Room Sizcs OK
3 . Privacy of Bath OK
4 . Privacy of Bedrooms OK
-
5. Free of Infestations NO
- , -
6. Garbaqe StQrage N/A
Heights .._-
-, Ceilinq OK
I .
- --
S . \..,rindow Clearances OK
9 . \oJindow -
Area X
10. Window Openable - .......-
Areas X
II. \Vindow Sash X
12. Screens X --
::'3. \'1 indO\v Frames X
'14. Foundation X --
IS. Piers X
16. Floor Framing X
17. Flooring X
'IS. Exterior \valls X
19. Columns N/A
20. Exterior Steps X
21. Exterior Stairs ' IN/A
22. Roofing X
23. Roofing Flashing X
24. Roof Rafters X
25. Sheathing X
26, Exterior Doors X
27. Interior Doors X
28. Partitions X
29. Interior Stairs N/A
30. Celiing Joists N/A
31. Hard~lare X
32. Mechanica.l Ventila-
tion X
33. Electric Light,s X
34. Electric Switches X
35. Electric Outlets X
36. Electric Panel X
37. Heating Equipment x
38. Sink X
39. I.lava tory X
40. \Vater Closet X
41. Bath Tub X
42. Plumbing Orainaqe X
43. Hot \'Ja ter X
44, Cold \'1 a tcr X
45. \.'la tcr Heatcr X - ..
46. Gruss N/A
47. 'l'ra sh N/A
4 R . Appliances N/A
49. Furniture N/A
50. Automobiles N/A
51. Seconcbry Structure N/A
CHECK LIST
CODE VIOLi\TION
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REOUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
11/23/87
Requested By:
B. Herrera
Department:
Administration
Report
Resolution
xx
Ordinance
Ex h i bit s : TMRS Rate Analysis Memorandum
TMRS Rate Schedule for 1988
TMRS Explanation of Plans
Updated Service Credit and Increase in Retirement Annuities
Ordinance Adopting S.B.505 Provisions
SUMMARY & RECOMMENDATION
The TMRS City Contribution rate in 1987 has been 7.05% of gross salaries.
This rate has included the Basic Plan Offering, the Updated Service Credit
provision and the annual retiree annuity increase. In order to provide these
same plan options in addition to several benefit changes brought about by
S.B.505, the City's 1988 contribution rate would become 7.78% of gross
salaries. Approval of these TMRS options would reemphasize the City's
commitment to an above average retirement benefit program for its employees.
A combination of the City's budgeting schedule, the TMRS rate reporting
schedule and changes in the TMRS Act (as a result of S.B.505) resulted in
the City budgeting TMRS at a rate of 7.25% for 1988. In actuality, the 1988
contribution rate should be approximately 7.78%. The dollar differences in
rates may be offset through the normal cause of attrition throughout the
year when vacant positions' salaries are not expended but instead are
credited against any TMRS funding shortages.
This recommendation to adopt the updated service credit, retiree annuity
increases and the provision of S.B.505 does not include the renewal of a
1984 ordinance which allows for buyback of forfeited TMRS service under
another City. Staff does not feel comfortable recommending a higher TMRS
contribution rate for 1988. This benefit should, however, be readdressed
next budgetary session.
Action Required by Council: Approval of Updated Service Credit Ordinance
Approval of S.B.505 Provisions to the TMRS Act
Availability of Funds:
xx General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
nivi!';ionRl RlldgPT!,; Funds Available: XX YES
NO
ApDroved for City Council Agenda
Q0-kd:. T th,\AQ./,+-,
Robert T. Herrera
City Manager
\1 h'ot't'"l
,
DATE
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CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
TO:
FROM:
Bob Herrera, City Manager
~ 7
DATE:
RE:
Doug de la Morena, Human Resources Managerllv
October 30, 1987
TMRS Rate(s) Analysis for FY 87-88
The City budgets its contributions to the Texas Municipal
Retirement System on the basis of rates provided it by the TMRS
multiplied by its full-time salary figures for the year. A
combination ~f the City's budgeting schedule,the TMRS rate
reporting schedule and changes in the TMRS Act prevented an
accurate rate from being used in this year's calculation. We now
possess all the necessary information to properly outline the rates
and costs of several TMRS options available to us in calendar year
1988.
The TMRS City contribution rate in 1987 has been 7.05%. This has
included the Basic Plan, the Updated Service Credit and the Retiree
Annuity Increase - both of which were approved by Ordinance last
year. The City has traditionally approved these three options and
its employees' TMRS portfolios have benefited accordingly. For the
corning calendar year 1988, the City has several options from which
to choose.
City Options and Contribution Rates for Calendar 1988:
1. Basic Plan (no other plan options)
7.48%
2. Basic Plan + Updated Service Credit +
Retiree Annuity Increases
7.50%
3. Basic Plan + Updated Service Credit +
Retiree Annuity Increases + Provisions
of the new S.B. 505
7.78%
4. Basic Plan + Updated Service Credit +
Retiree Annuity Increases + Provisions
of the new S.B. 505 + Previous Municipal
Service Buyback Ordinance
8.07%
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TMRS Rate Analysis Memo
Pg.2
Staff estimated a rate of 7.25% for FY 1987-88. The TMRS City
contribution rate remains 7.05% for the last quarter of 1987 and
actually changes to the new rates beginning in January 1988. The
TMRS rates listed in the previous page are above the staff
estimated rates thus causing the potential for shortages in TMRS
funds in late 1988.
, ~
In deciding which options to adopt for the corning calendar year, I
am providing the projected shortages under each benefit option.
These potential shortages should not be great cause of alarm since
through the normal attrition process a surplus of salaries and
corresponding TMRS funds is usually acheived thus balancing much of
the shortages throughout the year.
Projected Budgetary Shortages for TMRS funding if the City Options
described in. the last page are adopted effective 1-1-88:
1. $ 7,447
2. $ 8,359
3. $21,126
4. $34,348
Given these facts and figures and the City's committment to
offering a good public sector retirement benefit program, I
recommend that City Council adopt Option 3 on the previous page and
adopt ordinances approving the Basic Plan + the Updated Service
Credit + Retiree Annuity Increases + the Provisions of S.B. 505 for
the coming calendar year. This will be at a contribution rate of
7.78% and a potential budget shortage of $21,126 which may be
recouped through attrition and/or contigency fund.
This recommendation does not include the previous municipal service
buyback ordinance which would allow approximately 25 employees with
forfeited TMRS service in other cities to buyback their time and
contributions. This option can and should be readdressed next
calendar year when we can better budget for its eventuality.
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TEXAS MUNICIPAL RETIREMENT SYSTEM 1200 NORTH INTERSTATE 35.
POST OFFICE BOX 2225
AUSTIN, TEXAS 787b8
AC 512/.o!7b.7577
August 14, 1987
Mr. Doug De La Morena
Director of Personnel
City of La Porte
P. O. Box 1115
La Porte, Texas 77571
Dear Doug:
The Updated Service Credit and Annuity Increases study for the City of La Porte has been
completed. Enclosed is an Explanation of Plans, along with benefit estimates for both active
employees and retirees under the various proposed plans.
Under Plan 2, the City can adopt 100% Updated Service Credit, including the Updated Service
Credit for 11 transfer member(s) with unforfeited credit in other TMRS member cities. This
plan also includes the adoption of the following provisions of Senate Bill 505:
1)
2)
3)
4)
Retirement at any age with 25 years of creditable service,
Survivor benefits for the spouse of deceased employees who are vested at the time
of death,
Occupational disability retirement plan allowing certain benefits for employees
who become disabled to perform their particular job or occupation,
Prior service credit for those employees previously ineligible for TMRS
membership due to age at the time of employment, who will become members of
TM RS effective September 1, 1987. Our records indicate you have no over-age
employee(s).
In addition, the City could adopt Plan A under Annuity Increases, which would grant each
retiree an increase equal to 70% of the change in the Consumer Price Index, less previously
granted increases. If previously granted increases exceed the percentage of the change in the
CPI since retirement, the retiree will not receive an increase and will retain their present
benefit. If the benefits of Plan 2 (Updated Service Credit) and Plan A (Annuity Increases) are
adopted, the City's 1988 contribution rate will be 7.78%. The City will have twenty-five years
in which to amortize the additional cost of these benefits.
Because of the retirement plan improvements that your employees and the City will realize at
a small additional cost, we highly recommend that the City adopt the S.B. 505 provisions
described in the second paragraph. We have had a great deal of interest from our member
cities in these provisions. Should you have any questions regarding the study, please feel free
to contact our office.
G WAlle
Enclosures
Sincerely,
u.~1f (l~
ary * Anderson
Assistant Director
UPDATED SERVICE CREDIT AND ANNUITY INCREASE STUDY
728 - CITY OF LA PORTE
I. UPDATED SERVICE CREDITS
-------------------------------------------------
,
,
EFFECTIVE DATE - JANUARY 1. 1988
PROPOSED PLANS
---------------------------------------------------------------
PRESENT PLAN 1 2 3 4 5
------------ ------- ------- ------- ------- -------
DEPOSIT RATE 7.00% 7.00% 7.00%
MATCHING RATIO 2.0/1 2.0/1 2.0/1
VESTING 10 YRS 10 YRS 10 YRS
S.B. 505 OPTIONS NO NO YES
UPDATED SERVICE CREDIT 100(87) 100% 100%
CONTRIBUTION RATES 1987 1988 1988 1988 1988 1988 198ae
------------------
NORMAL COST 5.44 5.90 5.90 6.11
PRIOR SERVICE 1.31 1.31 1.31 1.38
SPECIAL ADDITION* 0.01 0.01
RETIREMENT 6.75 7.21 7.22 7.50
SUPPLEMENTAL DEATH(A&R) 0.28 0.27 0.27 0.27
TOTAL RATE (%) 7.03 7.48 7.49 7.77
UNFUNDED ACCRUED LIABILITY($) 1866272 1945557 2042084
AMORTIZATION PERIOD IN YEARS 24 25 25 25 25 25
II. ANNUITY INCREASES
PROPOSED PLANS
A
B
C
D
.i..______
---~--e
PERCENTAGE OF CONSUMER PRICE INDEX (CPI-U) 70
ADDITION TO THE PRIOR SERVICE CONTRIBUTION RATE (%) 0.01
ADDITION TO THE UNFUNDED ACCRUED LIABILITY ($) 7831
TO DETERMINE THE CITY'S CONTRIBUTION RATE UNDER VARIOUS COMBINATIONS OF UPDATED SERVICE CREDITS AND ANNUITY INCREASES -- ADD
THE TOTAL RATE (%) UNDER THE APPROPRIATE UPDATED SERVICE CREDIT PLAN TO THE PERCENTAGE RATE SHOWN UNDER THE VARIOUS ANNUITY
INCREASE PI,ANS.
*ADDITION TO PRIOR SERVICE CONTRIBUTION RATE FOR SPECIAL UPDATED SERVICE CREDITS FOR TRANSFERS. THERE WERE 11' ELIGIBI,E
TRANSFER EMPLOYEES FOR THE CITY ON THE STUDY DATE.
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TMRS UPDATED SERVICE CREDIT AND ANNUITY INCREASE STUDY
EXPLANA nON OF PLANS
The primary purpose of Updated Service Credits (USC) and annuity increases is to allow
retirement plans in the Texas Municipal Retirement System (TMRS) to be more responsive to
inflation. The TMRS Act provides a member city with the opportunity to adopt USC and to
increase benefits to annuitants as often as every year; therefore, a member city can provide
regular protection against inflation in its retirement plan for both employees and annuitants.
The result of a city's adopting 100% USC is that the benefit credit that each member
employee has accrued for all service rendered to the city before the "study date" (one year
prior to the effective date) is caleulated as if (1) the member's salary had always been equal to
the average monthly compensation paid to the member by the City during the three years
preceding the "study date," (2) deposits had always been made on that assumed salary at the
deposit rate in effect on the effective date of the adoption of USC and (3) the city had always
'had the matching ratio in effect on the effective date of the adoption of use. In other words,
a member's benefit credit is .calculated on the basis of the higher wages the member has
recently received instead of on his actual career wages*, and in some instances, on a higher
d~posit rate and a higher matching ratio than were actually in effect in the past. If the city
adopts USC of less than 100% - any multiple of 10% is allowable - the benefit credit for a
member will be less.
USC plans have been developed for your city based on the following procedures:
1. The first plan is based on the employee deposit rate and the city matching ratio in
effect on January 1, 1987, and maximizes benefit credits for the employees.
2. The second plan is the same as -the first plan with the addition of the S.B. 505
options, which are the new "own-occupation" disability program, the 25-year
retirement eligibility provision, and the surviving spouse benefit for cities with a
vesting provision.
3) If your city has a city matching ratio other than 2/1 or an employee deposit rate
other than 7%, then a third plan is shown with a higher city matching ratio or a
higher employee 'deposit rate and with the S.B. 505 options.
4) If your city requested specific plans (for example, plans including the adoption of
the Optional Benefits Package), then those plans are shown.
A city can also adopt special USC for eligible transfer employees. If the" city adopts this
optional feature, the USC will be calculated as if all credited service of the employee in TMRS
had been performed with the city. An eligible transfer employee is an employee with at least
three years of service with the city who has other credited service in TMRS because of
previous employment in one or more other cities that participate in TMRS. The adoption of
this feature would provide such an employee total credits in TMRS equal to what they would
have .been if all of the member's credited service had been with the city.
*
In addition, a member's actual deposits to TMRS, at some time in the past, may have
been based on less than his full salary because of a maximum salary on which deposits
could be made. The adoption of USC not only replaces career wages with recent wages
but also compensates for any deposits made on less than full salary.
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The special USC for transfers may be adopted along with the adoption of regular USC but may
not be adopted by itself. The increase in the prior service contribution rate for the special
USC is shown separately in case the city decides not to adopt the special USC. Similar in
nature to the regular USC, a special USC will not change (except for 5% interest
accumulation) until the city again adopts the special USC feature; so it should be considered a
companion of the regular USC adoption.
A city can adopt increases in the annuities for retired employees or their beneficiaries which
are related to changes in the Consumer Price lndex for all Urban Consumers (CPI-U) published
by the Bureau of Labor Statistics. The adoption of such increases does not set in motion a
series of automatic annual increases that are tied to future changes in the CPI-U. Rather the
increases are related to changes in the CPI-U during the period from December just preceding
the effective date of retirement to December 1986. In addition, each time the city wants to
put increases into effect, it must pass an ordinance.
The city specifies a percentage of the change in the CPI-U, which may be at least 10%, not
greater than 70%, and may be any multiple of 5%. In selecting the percentage, the city should
consider not only the cost of the increases but also the amounts of increase that would be
provided to each of the annuitants. The amount of increase with any selected percentage of
the CPI-U will vary for each annuitant, depending upon the date of retirement, the original
amount of the annuity, and the amount of any previous increases in the annuity.
It should be pointed out that it is the original annuity which is increased. Previously granted
increases, including those level percentage increases (not to exceed 5096) which may have been
adopted from 1976 through 1981, are' recognized on an individual basis in determining the
amount of increase that a new adoption of annuity increases will provide. For example,
suppose a retiree originally received $100 per month. Since retirement the CPI-U has
increased 150%. Granting 7096 of 150% would result in an increase of $105 (70% x 150% X
$100). However, if the city had previously adopted a 50% increase in 1978 resulting in an
increase of $50, then his current annuity would be $150. The calculated $105 increase would
be reduced by that previous $50 increase so that the new increase would be $55, and the new
total annuity would be $205.
Increases in annuities may not be adopted unless the city simultaneously adopts USC. .. Since
USC can be adopted as often as annually, increases in annuities can also be adopted annuaIly.
The actuarial liability for the increases in annuities would be an addition to the unfunded
accrued liability for the city's retirement plan and would be amortized over the 25-year
funding period associated with the adoption of USC. The actuarial cost of fundi rig 'ttie
increases in annuities is shown, therefore, as a contribution rate which would be added to the
prior service contribution rate of the USC plan which the city decides to adopt.
The best way to provide continuing protection against inflation for both employees and
annuitants is to adopt USC and annuity increases on a regular basis, for example, every year.
Yearly adoption not only will provide the best protection for benefits against inflation but also
will result in more stable retirement contribution rates over the years. The longer a city waits
between adoptions of USC and annuity increases, the more ground there is to make up against
inflation and the more its contribution rate will have to be increased.
("
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TMRS-C- T
(Rev. 6-83)
"
ORDINANCE NO. 1566
TEXAS MUNICIPAL RETIREMENT SYSTEM
AN ORDINANCE AUTHORIZING AND ALLOWING,
UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL
RETIREMENT SYSTEM, "UPDATED SERVICE. CREDITS"
IN SAID SYSTEM FOR SERVICE PERFORMED BY
QUALIFYING MEMBERS OF SUCH SYSTEM WHO
PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY
OF LA PORI'F., TEXAS ; PROVIDING FOR
INCREASED PRIOR AND CURRENT SERVICE ANNUITIES
FOR RETIREES AND. BENEFICIARIES OF DECEASED
RETIREES OF THE CITY; AND ESTABLISHING AN
EFFECTIVE DATE FOR SUCH ACTIONS.
BE IT
ORDAINED
BY
THE CITY
, TEXAS:
COUNCIL
OF
THE
CITY
OF
T:A POR1'R
Section 1. Authorization of Updated Service Credits.
(a) On the terms and conditions set out in Sections 63.401 through 63.403 of Title llOB,
Revised Civil Statutes of Texas, 1925, as amended, each member of the Texas Municipal
Retirement System who has current service credit or prior service credit in said System in
force and effect on the 1st day of January, 1988, by reason of service in the employment of
the City of La Porte , and on such date has at least 36 months of
credited service with said system, shall be and is hereby allowed "Updated Service Credit" (as
that term is defined in subsection (d) of Section 63.402 of said title) in an amount that is
100% of the "base Updated Service Credit" of the member (caleulated as provided in
subsection (c) of Section 63.402 of said title). The Updated Service Credit hereby allowed
shall replace any Updated Service Credit, prior service credit, special prior service credit, or
antecedent service credit previously authorized for part of the same service.
(b) On the terms and conditions set out in Section 63.601 of said title, any member of
the Texas Municipal Retirement System who is eligible for Updated Service Credits on the
basis of service with this City, and who has un forfeited credit for prior service and/or current
service with another participating municipality or municipalities by reason of previous
service, and was a contributing member on January 1, 1987, shall be credited with Updated
Service Credits pursuant to, calculated in accordance with, and subject to adjustment as set
forth in said 63.601.
(c) In accordance with the provisions of subsection (d) of Section 63.401 of said title,
the deposits required to be made to the Texas Municipal Retirement System by employees of
the several participating departments on account of current service shall be calculated from
and after the date aforesaid on the full amount of such person's earnings as an employee of
the City.
,
Updated Service Credit wieransfers Ordinance (continued)
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Page 2.
Section 2. Increase in Retirement Annuities.
(a) On terms and conditions set out in Section 64.203 of Title llOB, Revised Civil
Statutes of Texas, 1925, as amended, the City of La Porte hereby
elects to allow and to provide for payment of the increases below stated in monthly benefits
payable by the Texas Municipal Retirement System to retired employees and to beneficiaries
of deceased employees of this City under current service annuities and prior service annuities
arising from service by such employees to this City. An annuity increased under this Section
replaces any annuity or increased annuity previously granted to the same person.
(b) The amount of annuity increase under this Section is computed as the sum of the
prior and current service annuities on the effective da te of retirement of the person on whose
service the annuities are based, multiplied by 70% of the percentage change in Consumer
"
Price Index for All Urban Consumers, from December of the year immediately preceding the
effective date of the person's retirement to the December that is 13 months before the
effective da te of this ordinance.
(d An increase in an annuity that was reduced because of an option selection is
reducible in the same proportion and in the same manner that the original annuity was
reduced.
(d) If a computation hereunder does not result in an increase in the amount of an
annuity, the amount of the annuity will not be changed hereby.
(e) The amount by which an increase under this Section exceeds all previously granted
increases to an annuitant is an obligation of this City and of its account in the municipality
accumulation fund of the Texas Municipal Retirement System.
Section 3. Effective Date. Subject to approval by the Board of Trustees of Texas
Municipal Retirement System, the updated service credits and increases in retirement
annuities granted hereby shall be and become effective on the 1st day of January, 1988.
Passed and approved this the 23ro
day of Nove:nber
, 19 87
ATTEST:
APPROVED:
City Secretary or Clerk
Ma yor
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" ,;0." "
~--
T\1 RS-A(505)
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ORDINANCE NO. 1567
TEXAS MUNICIPAL RETIREMENT SYSTEM
AN ORDINANCE AFFECTING PAR TICIP A TION OF CITY
EMPLOYEES IN THE TEXAS MUNICIPAL RETIREMENT
SYSTEM; GRANTING THE ADDITIONAL RIGHTS, CREDITS
AND BENEFITS AUTHORIZED BY SECTIONS 64.202{f),
64.204, 64.405, 64.406 AND 64.410 OF tiTLE 110B,
REVISED CIVIL STATUTES OF TEXAS, 1925, AS AMENDED
BY THE 70TH LEGISLATURE; AND PRESCRIBING THE
EFFECTIVE DATE OF THIS ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORI'E
, TEXAS:
Section 1. Pursuant to the provisions of Sections 64.202(f), 64.204, 64.405, 64.406, and
64';410 of Subtitle G of Title 110B, Revised Civil Statutes of Texas, 1925, as amended by the
70th Legislature of the State of Texas, Regular Session, which Subtitle shall herein be referred
to as the "TMRS Act," the City of La Porte , Texas, adopts the
following provisions affecting participation of its employees in the Texas Municipal
Retirement System (which retirement system shall herein be referred to as the "System"):
(a) Any employee of this City who is a member of the System is eligible to retire and
receive a service retirement annuity, if the member has at least 25 years of credited service
in that System performed for one or more municipalities that have participation dates after
September 1, 1987, or have adopted a like provision under Section 64.202(f) of the TMRS Act.
(b) If a "vested member," as that term is defined in Section 64.204(b) of the TMRS Act,
shall die before becoming eligible for service retirement and leaves surviving a lawful spouse
whom the member has designated as beneficiary entitled to payment of the member's
accumulated contributions in event of the member's death before retirement, the surviving
spouse may by written notice filed with the System elect to leave the accumulated deposits on
deposit with the System subject to the terms and conditions of said Section 64.204(b). If the
accumulated deposits have not been withdrawn before such time as the member, if living,
would have become entitled to service retirement, the surviving spouse may elect to receive,
in lieu of the accumulated deposits, an annuity payable monthly thereafter during the lifetime
of the surviving spouse in such amount as would have been payable had the member lived and
retired at that date under a joint and survivor annuity (Option 1) payable during the lifetime of
the member and continuing thereafter during the lifetime of the surviving spouse.
(c) At any time before payment of the first monthly benefit of an annuity, a surviving
spouse to whom subsection (b) applies may, upon written application filed with the System,
receive payment of the accumulated contributions standing to the account of the member in
lieu of any benefits otherwise payable under this section. In the event such a surviving spouse
shall die before payment of the first monthly benefit of an annuity allowed under this section,
the accumulated contributions credited to the account of the member shall be paid to the
esta te of such spouse.
(d) The rights, credits and benefits hereinabove authorized shall be in addition to the
plan provisions heretofore adopted and in force at the effectiVe date of this ordinance
pursuant to the TMRS Act.
(e) Any employee of this City who is a member of the System is eligible to retire and
receive a "standard occupational disability annuity" under Section 64.408 of the TMRS Act or
an "optional occupational disability retirement annuity" under Section 64.410 of the TMRS Act
upon making application therefor upon such form and in such manner as may be prescribed by
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TMRS-A(505)
ORDINANCE NO. 1567, Page 2.
the Board of Trustees of the System, provided that the System's medical board has certified to
said Board of Trustees: (1) that the member is physically or Il).entally disabled for further
performance of the duties of the member's employment; (2) that the disability is likely to be
permanent; and (3) that the member should be retired. Any annuity granted under this
subsection shall be subject to the provisions of Section 64.409 of the TMRS Act.
(f) The provisions relating to the occupational disability program as set forth in section
(e) above are in lieu of the disability program heretofore provided for under Sections 64.301 to
64.308 of the TMRS Act.
, Section 2. This ordinance shall become effective on the first day of
January , 19~ provided that it has previously been determined by the
Actuary for the System that all obligations of the City to the municipality accumulation fund,
including obligations hereby undertaken, can be funded by the City within its maximum
contribution rate and within its amortization period.
Passed and approved this the 23rd day of November
, 1987.
ATTEST:
APPROVED:
City Secretary or Clerk
Mayor
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REOUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
11-2~-87
Requested By: Bob Herrera
Department:
City Mana~er
X Report
Resolution
Ordinance
Exhibits:
Doug Morena's Recommendation Memo
Letter from Bill Martin, President of Joseph Ivy Co.
Joseph Ivy Co. Proposal
SUMMARY & RECOMMENDATION
Under the City's renewed committment to more effectively
manage its exposures and finances, it is recommended that
the City enter into a professional services retainer agree-
ment with the Joseph Ivy Co. This firm specializes in
providing very specialized risk management services to
municipalities and will assist the Human Resources Division
in its efforts to develop a comprehensive risk management
p'rog ram.
As with most private industry, it is expected that a solid
risk management program will provide the City with reduced
expected and unexpected liabilities. These type of programs
have proven to be cost effective in private businesses by
recognizing exposures, minimizing the extent of liability and
tracking budgetary savings as a result of the actions
undertaken.
The City has budgeted $8,000 towards this service retainer
agreement and with Council approval shall begin the program
immediately.
Action Required by Council:
Approval of Risk Management Professional Services Retainer
Agreement with Joseph Ivy Co.
Availability of Funds:
x
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number: 001-602-602-S04
Funds Available: X- YES
NO
ApDroved for City Council Agenda
QJ.~ \. ~--'
Robert T. Herre~a
City Manager
\ \ l1L\ Ch L
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DATE
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CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
TO: Bob Herrera, City Manager
FROM: Doug de la Morena, Human Resources Manager~~
DATE: 11-9-87
RE: Risk Management Retainer Agreement
Pursuant to your charge that the City should more effectively
manage its risk exposures and resources, I strongly recommend that
the City enter into a professional services retainer agreement with
the Joseph Ivy Co. In the past year, the Human Resources Division
has begun laying the foundation for a more effective risk
management program but we do not possess the specialized expertise
nor staff support that the Joseph Ivy can provide.
Working together with Bill Martin and Francis Fye, I believe the
City will benefit tremendously by determining exposures and
establishing risk management and financing solutions to the many
exposures. By eliminating or transferring risks and exposures, the
City stands to benefit by reducing expected and unexpected
liabilities.
Risk Management and Financing is a rapidly growing field in the
private sector and taken quite seriously because it has proven
repeatedly that it is very cost effective. The potential also
exists in La Porte to prove that the $1,000 a month retainer fee
will be more than offset by reduced or avoided liabilities. The
contract with Joseph Ivy Co. is not to exceed the budgeted amount
of $8,000 in FY 87-88.
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i_JOSEPH IVY COMPANY
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October 27, 1987
Mr. Robert T. Herrera
city Manager
City of La Porte
604 West Fairmont Parkway
La Porte, Texas 77571
Dear Bob:
I am forwarding two copies of our proposal for risk management
retainer services to the city of La Porte. Our proposal
describes how The Joseph Ivy Company, through ongoing
professional counsel to City staff, can assist the City in
achieving its goal of a strong and productive in-house risk
management program. A retainer services arrangement with The
Joseph Ivy Company is the most cost effective way of ensuring
that the critical risk management issues facing the City of La
Porte receive appropriate attention and action.
Bob, we are delighted about the possibility of working with you
again. Please let me know when our proposed engagement is
scheduled for City Council consideration, so that we can plan to
attend the Council meeting. In the meantime, if you have any
questions about the attached proposal, please give me or Francis
a call.
Sincerely,
~~~
William I. Martin, Jr.
President
WIMJ:mw
Enclosure
7300 NORTH MCPAC . sum: 215 . AUSTiN. TEXAS 78759 (512) 346-6921
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A PROPOSAL FOR
RISK MANAGEMENT RETAINER SERVICES
FOR THE
CITY OF LA PORTE
October 26, 1987
THE JOSEPH IVY COMPANY
Management Consultants
7800 North Mopac, Suite 210
Austin, Texas 78759
(512)346-6921
df THE JOSEPH IVY COMPANY
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BACKGROUND AND OBJECTIVES
Over the last two years the insurance marketplace has undergone a complete reversal from the
"soft" market of the early 1980's. The City of La Porte has already felt effects of this shift
to a constricted, "hard" market via increased premiums and reduced coverage limits in its
liability and property insurance policies. Given the complexities of property and casualty
insurance and risk management, it is in the best interest of the City to take an active role in
assuring itself that it is demanding and receiving the best coverage, retention of risk methods,
service and costs from all providers and at the same time developing its own in-house
procedures and capabilities to manage' risks on an ongoing basis. By undertaking a systematic
review of major areas of :the City's' opera'tions 'a'nd-developing a.' risk management plan for
implementation, the City will place itself ina better position of overall control of the cost of
its risk and insurance programs and in a better position to avoid future surprises. Such a
., proactive step would enable the City to control its destiny and assure that the resources of
the City are protected as well as the personal fortunes of the elected and appointed officials
who serve the City on a paid or volunteer basis.
The City of La Porte is seeking the services of an independent risk and insurance management
consulting firm to assist the City staff with ongoing risk management problems and issues,
The Joseph Ivy Company is available to provide professional advice and counsel to aid the City
in maximizing its risk and insurance management and cost containment efforts.
A retainer service arrangement for risk management counsel is the most effective risk
management option for the City of La Porte. Until the City reaches the point where it
requires a full-time risk management function, a retainer with The Joseph Ivy Company will in
effect, provide a part time professional risk manager. The City will have at its disposal the
expertise of risk management professionals at cost significantly lower than the employment of
even a part-time in-house staff person.
The Joseph Ivy Company is uniquely qualified to assist the City of La Porte through a retainer
services arrangement. The City will realize the following benefits from our approach:
*
A team of consultants assembled to meet the specific requirements of this ongoing
engagement;
*
An unparalleled understanding by the consulting team of the insurance needs of
Texas city governments and the available insurance industry resources;
*
A thorough, timely and cost efficient delivery of services;
*
An unqualified commitment of our staff and resources to the needs of the City of
La Porte;
*
Assurance of individualized service and unbiased professional counsel.
We will be happy to meet with the City. to discuss the specifics of the proposed
engagement if our proposal so merits. Thank you for considering The Joseph Ivy
Company.
cJJ THE JOSEPH IVY COMPANY
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SCOPE OF SERVICES
. . - ~
Within the scope of our retainer engagement with the City of La Porte, we will provide
continuous ongoing professional counsel and expertise on insurance and risk management
issues. In meeting the objectives of our engagement, we will undertake the following
activities:
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Meet, at a minimum, bi-monthly with appropriate City staff to discuss risk
'management strategies, issues and problems; with a monthly meeting in each of the
-first two'monthsofthe;engagement; ,j,~, '~:n,' ;.", ,'-\'~";,." ,; 1" ,',;" I" ,-,-
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Review City operations with staff to develop a detailed list of the CitY's exposures
to be used for future risk management planning; : ",: ' ," ",
*
Assist in the development of internal procedures and checklists for contract review
from a risk management standpoint. The procedures will address hold harmless
agreements/clauses; insurance requirements, additional insured endorsements, etc. for
contractors, joint ventures, interlocal agreements, etc.;
*
Assist the City with a review of its current contractual obligations and commitments
in terms of "hold-harmless" and insurance ramifications;
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Review, the City's insurance, policies and, coverage"s before each renewal date and
recommend modifications as appropriate;
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Review mid-term changes or cancellation of coverage as appropriate;
*
Evaluate the performance of the City's insurance and risk management providers on
an annual basis;
*
Report to City staff and/or Council on new developments which might have an
impact on the City's risk management efforts;
*
Provide timely and professional counsel to your questions in the areas of
a. Risk Management Techniques;
b. Safety and Loss Control;
c. Risk Financing Techniques;
d. Risk Financing Alternatives;
e.
Contractual Ramifications.
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cJJ THE JOSEPH IVY COMPANY
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In addition to the above retainer services, our proposal includes the completion of the
following deliverables:
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* . Assistance with the development and implementation of a sound internal risk
management program to address the following objectives:
a. Appraisal of City real and personal property for insurance purposes.
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0:' -Survey "and doct'imert'fa'tloll"6f'the City's exposures to risk.
c. Inventory of contracts and accompanying risk exposures.
, tI. Developmenfof a' fiv'e-year loss history RMIS data base.
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i e. Consolidation and
contracts/policies. '
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streamlining
of
existing
insurance
coverage
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,f. . , Self-sufficiency, cost' ahd 'quality of internal and externa1"riskfinaricing.'
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Development of a series' of risk 'survey' instruments that can: be used by City staff
in building and 'maintaining 'a risk e'xpos'ure:oaata base ;00 an ongoing basis;
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Development ofa City Council risk management policy statement and accompanying
administrative procedures for implementation of the City's risk management function;
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Assistance to the City staff with the development of the structure for a risk
management manual to address policies and procedures in safety, loss control and
staff development and training;
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Assistance with the development and implementation of a Risk Management
Information System to track the City's ongoing risk management activities.
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cJJ THE JOSEPH IVY COMPANY
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THE JOSEPH IVY COMPANY: AN ARRAY OF CAPABILITIES
THE JOSEPH IVY COMPANY (11) is an Austin, Texas-based independent risk and insurance
management consulting firm specializing in risk and employee benefit management counsel to
public agem:ies., , 11 ,brings,;to -each 'engagement "a unique"combination of operational and
consulting expertise. Our unique understanding of the needs of public sector agencies, enables
us to provide each client with an innovative approach and an individualized solution to the
problem.
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The Joseph Ivy Company principals have extensive experience in the design, implementation
and evaluation of property and ,q,sualtyprograms. We have specific expertise in
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Analysis of necessary insurance limits;-
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Self -insurance feasibility studies;
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Selection and evaluation of service providers;
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Program and service performance audits;
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Preparation of .bid, specifications;.
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Competitive bid analyses;
*
Risk management organization studies;
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Design of risk management information systems; and
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Development of.risk management policies and procedures.
11 provides services to its clients on a commensurate fee for service basis only. JI does not
try to replace but supplement the services of an agent, broker or insurance provider. JI does
not sell insurance, nor does 11 sell claims adjustment, loss control or third-party administra-
tion services. JI restricts its client base to individually insured and self -insured organizations
(both individual and pooled) and maintains strict independence from the insurance industry.
The Joseph Ivy Company points with pride to its practice of personalized service for each
client. We approach each engagement with a commitment to individualized and unbiased
professional counsel. Our work is designed to match each clients' specialized needs, resources
and philosophies. Our clients have our extensive expertise and responsiveness at their disposal
throughout the life of the engagement.
The Joseph Ivy Company is uniquely qualified to assist the City of La Porte with this
undertaking. We have an unmatched understanding and familiarity with the needs and
Objectives of city governments. The consulting team members selected for this engagement
have a combined total of more than 25 years of combined service to Texas cities.
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elJ THE JOSEPH IVY COMPANY
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AT YOUR SERVICE: OUR STAFF RESOURCES
It is The Joseph Ivy Company's practice to assemble a service team of consultants whose
combination of skills and experience will best serve our client. This proposal contemplates the
services of two principals, William I. Martin, Jr. and Francis J. Fey. Both Mr. Martin and Mr.
Fey have extensive experience in the property/casualty needs of Texas cities. Their experience
and Qualifications are summarized below.
WILLIAM 1'. MARTIN, JR. is President of The Joseph Ivy Company. For the past 18 years, he
has been deeply involved in the program design and operational mechanics of risk management
and employee benefit services in both government and business--municipal governments, school
districts, special purpose authorities (water, transportation, etc.), trade and professional
associations (captives, pools, trusts, risk retention groups, and group purchasing arrangements),
financial institutions, and architectural and engineering firms. Mr. Martin spent 13 years as
chief executive officer of the largest intergovernmental risk sharing pool in the United States
($105 million combined annual written workers' compensation, liability, property, health, life
and dental premiums).
Mr. Martin has broad experience in strategy development, risk financing alternatives, contract
negotiations, marketing, risk management information systems, property/casualty loss control,
and employee benefit plan design, communication, and cost containment measures. His active
involvement in state and national risk and employee benefit professional organizations--Risk &
Insurance Management Society, Public Risk & Insurance Management Association, and
International Risk Management Institute--is manifested by his varied presentations before
conference, seminar and workshop groups as well as his numerous journal publications.
Mr. Martin earned the Master of Arts in Public Administration from the University of Texas
at Austin and the Bachelor of Arts degree in Government from Louisiana State University.
FRANCIS J. FEY is Vice President of The Joseph Ivy Company. Mr. Fey has extensive
experience in the property/casualty insurance field having served as a marketing representative
and field underwriter with a large regional insurance brokerage firm and as staff director of
the Senate Jurisprudence Committee Interim Study on the Texas Workers' Compensation
Assigned Risk Pool. His work on the latter resulted in legislative adoption of major financial
and administrative reforms of the $80 million State pool.
Prior to his current position, Mr. Fey had operational responsibility for the nation's largest
workers' compensation, liability and property self -insurance pool serving local government
entities; annual premium volume was $75 million. His management responsibility included more
than 20,000 casualty claims annually, risk management information systems, budgeting,
underwriting, marketing. policy!contract issuance, and loss prevention. He has particular
expertise in the placement of coverages in the excess and surplus line market.
Mr. Fey has been an active participant in both PRIMA National and the Texas PRIMA chapter.
In addition, Mr. Fey is a frequent speaker on pooling and risk management topics. Most
recently he was instrumental in planning of the first PRIMA Pooling Seminar, where he was a
featured speaker on pool administration and board member orientation.
Mr. Fey received the Bachelor of Arts degree from Rice University and has done specialized
study in insurance company executive development programs as well as programs sponsored by
the Risk and Insurance Management Society (RIMS) and the Public Risk and Insurance
Management Association (PRIMA).
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.f" If THE JOSEPH IVY CCMP'~NV
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WHY THE JOSEPH IVY CaMP ANY: OUR EXPERIENCE AND REFERENCES
The Joseph Ivy Company specializes in providing consulting services to public agencies. We
believe the specialized needs of governmental entities and political subdivisions' demand
specific expertise in public risk and employee benefit management.
We are pleased to count among our clients a number of cities, pools and other public agencies.
The following public officials have kindly consented to act as specific references for our work.
W~ en~ourage you to contact them.
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Mr .cDon Henderson I, ,
Chairman, TML Workers' Compensation Joint Insurance Fund
TML Joint Self Insurance.Fund (Property/Liability)
1401 Montana
EI Paso, Texas 79902
(915)544-2130
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Mr.. Lamar Hankins
City Attorney
City of San Marcos
630 E. Hopkins
San Marcos, Texas 78666
(512)353-4444
* * * * *
Mr. Harvey Westerholm
City Manager
City of Lufkin
300 East Shepherd
Lufkin, Texas 75901
(409)634-888 I
* * * * *
Mr. David Hunter
Administrative Services Director
City of Midland
P.O. Box 1152
Midland, Texas 79702
(915)683-4281
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ell THE JOSEPH IW COMPANY
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Ms. Karen Johnson
Assistant City Manager
City of Orange
P.O. Box 520
Orange, Texas 77630
(409)886-3611
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Mr. Bob Gaylor
City Manager
City of Georgetown
P.O. Box 1152
Georgetown, Texas 78627-0409
(512)863-5533
* * * * *
Mr. Jeffrey A. Pomeranz
City Manager
City of Del Rio
109 West Broadway Street
Del Rio, Texas 78841
(512)774-2781
* * * * *
PROPOSAL COST: OUR FEES AND EXPENSES
The Joseph Ivy Company's professional fees are based on the cumulative hourly charges of
each of the project team members involved in the engagement.
The Joseph Ivy Company is prepared to assist the City of La Porte with its risk management
problems and issues as outlined in the scope of services section of our proposal for a monthly
retainer fee of $1,000. Our proposal contemplates a 7 -month engagement renewable at the
City's option after the initial 7 months.
The Joseph Ivy Company does not charge its clients for general administrative overhead,
however, we do pass on our necessarily incurred out-of -pocket expenses involved with travel,
telephone charges, photocopying, etc. The Joseph Ivy Company documents and bills monthly for
the incurred out-of-pocket expenses. Invoices are payable on receipt.
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(" If THE JOSEPH IVY COMPANY
v~
~EQUEST FOR CITY COUNCIL AG~DA ITEM
Report
Department: Corn.
DevelODm~
Ordinanc
Agenda Date Requested:
Requested By: E. J
xx
Exhibits:
A. Proposed amendment to Standard Plumbing Code
B. Proposed amendment to Standard Swimming Pool Code
C. Letter from Texas Water Development Board
SUMMARY & RECOMMENDATION
The changes to the Standard Plumbing Code and the Standard
Swimming Pool Code have been recommended by the Texas Water
Development Board.
Appendix "J" of the Standard Plumbing will have a new heading,
J107 - Hot Water Pipes. This section will require all hot water
pipes to be insulated.
The Standard Swimming Pool Code section 304.2 Required Equipment
will be changed with the deletion of the exception that states,
"Pools with a supply of fresh water equivalent to the volume of
the pool in the specified turnover time will be allowed.
Recommendation:
Amend the Standard Swimming Pool Code and the
Standard Plumbing Code as suggested by the Texas
Water Development Board.
Action Required by Council:
Amend the Standard Plumbing Code and the Standard Swimming Pool
Code as shown on the attached proposed ordinances.
Availability of Funds:
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
Funds Available:
YES
NO
A
for Cit Council A
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DAT /
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ORDINANCE NO. 1568
AN ORDINANCE AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE, BY AMENDING TERMS UNDER WHICH THE SOUTHERN STANDARD PLUMBING CODE,
1985 EDITION, AND APPENDICES ~~RE ADOPTED BY THE CITY, BY ALTERING REQUIRE-
MENTS FOR THE INSTALLATION OF WATER PIPES; PROVIDING THAT ANY PERSON VIO-
LATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR
AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED
DOLLARS ($200.00); CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY
CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Section 8-26 of the Code of Ordinances of the City of La
Porte is hereby amended, to hereafter read as follows, to-wit:
"Section 8-26. Adopted
Appendix J of the Southern Plumbing Code, 1985 Edition, and appendices,
as adopted by the Southern Building Code Congress International, a copy
of which is on file in the office of the City Secretary of the City of
La Porte, Harris County, Texas is hereby amended to include the follow-
ing section, in sequence:
J107. Hot Water Pipes.
All hot water lines shall be
quired shall be that which
hot water pipe in question.
insulated. Type of insulation re-
is appropriate for the location of the
Section 2. If any section, sentence, phrase, clause, or any part of any
section, sentence, phrase, or clause, of this ordinance shall, for any
reason, be held invalid, such invalidity shall not affect the remaining
portions of the Ordinance, and it is hereby declared to be the intention of
this City Council to have passed each section, sentence, phrase or clause, or
part thereof, irrespective of the fact that any other section, sentence,
phrase or clause, or part thereof, may be declared invalid.
Section 3. Any person, as defined in Section 1.02 (27), Texas Penal
Code, who shall violate any provision of this ordinance, shall be deemed
guilty of a misdemeanor and upon conviction shall be punished by a fine not
to exceed TWO HUNDRED DOLLARS ($200.00). Each day any violation of this
ordinance shall continue shall constitute a separate violation.
Section 4. The City Council officially finds, determines, recites and
declares that a sufficient written notice of the date, hour, place and
subject of this meeting of the City Council was posted at a place convenient
to the public at the City Hall of the city for the time required by law
preceding this meeting, as required by the Open Meetings Law, ARticle 6252-
17, Texas Revised Civil Statutes Annotated; and that this meeting has been
open to the public as required by law at all times during which this or-
dinance and the subject matter thereof has been discussed, considered and
formally acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
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Ordinance No. 1568 , Page 2
Section 5. This Ordinance shall be effective fourteen
its passage and approval. The City Secretary shall give
passage of this ordinance by causing the caption hereof to
the official newspaper in the City of La Porte at least twice
days after the passage of this ordinance.
PASSED AND APPROVED THIS THE 23rd DAY OF November, 1987.
CITY OF LA PORTE
By:
(4) days after
notice of the
be published in
within ten (0)
NORMAN MALONE, Mayor
ATTEST:
By:
CHERIE BLACK, City Secretary
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APPEN DIX J
WATER CONSERVATION
(
J101 - GENERAL
Automatic flushing devices of the siphonic design shall not be used to operate
urinals.
J102 - WATER CLOSETS
Water closets, either flush tank or flushometer operated, shall be designed,
manufactured and installed to be operable and adequate flushed with no
more than 4.0 gal per flushing cycle when tested in accordance with applicable
standards.
(
J103 - URINALS
Urinals shall be designed, manufactured, and installed to be operable and
adequate flushed with no more than 1.5 gal of water per flush.
(
J104 - LAVATORY FACILITIES
J104.1-PUBLIC FACILITIES
Faucets for public lavatories shall be equipped with outlet devices which
limit the flow of water to a maximum of 0.5 gpm or be equipped with
self-closing valves that limit the delivery to a maximum of 0.25 gallons
of hot water for recirculating systems and to a maximum of 0.5 gallons
for non-recirculating systems.
(
EXCEPTION: Separate lavatories for physically handicapped persons
shall not be equipped with self-closing valves.
(
J104.2-PRIVATE FACILITIES
Faucets for private lavatories shall be designed, manufactured and installed
to deliver water at a flow rate not to exceed 3.0 gpm when tested in accordance
with applicable standards.
(
J105 - SHOWER HEADS
Showerheads shall be designed, manufactured, and installed to deliver water
at a rate not to exceed 3.0 gpm when tested in accordance with applicable
standards.
(
J106 - SINK FAUCETS
Sink faucets shall be designed, manufactured, and installed to deliver water
at a rate not to exceed 3.0 gpm when tested in accordance with applicable
standards.
J /D7 - !-lor WI? r€ I( Apes
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/Pe9~~,('E".t:) S,If';9.u... IS~ 'nl/Jr ...v#/C/-f I S" ~;O;o/f'orfr/r..'-e JCa-R I~
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Standard Plumbing Code/19Ci..; t 219
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REOUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
11/2~/87
Requested By:
R. Herrera
Department:
Citv Manager
Report
x
Resolution
Ordinance
Exhibits: Letter from State Dept. of Highways & Public
Transportation
Resolution 87-26 and Exhibit A
SUMMARY & RECOMMENDATION
The State Department of Highways and Public Transportation, has
offered to add the project of widening Broadway Street from Avenue
G to Fairmont Parkway to their 1-year letting schedule if the City
of La Porte agrees to certain terms and costs. The attached
resolution approves and accepts Minute Order #86413 as presented
by the State Department of Highways and Public Transportation in
connection with this widening. Engineering of the project is
underway.
The City must approve this minute order within 90 days of the
receipt of the offer or it shall be canceled. The date of the
minute order is October 28, 1987.
Action Required by Council:
Adoption of Resolution 87-26,
approving Minute Order #86413
Availability of Funds:
x
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number: CIP #86-4104-01 Funds Available: X- YES NO
A
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RESOLUTION NO. 87-26
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF LA PORTE,
TEXAS, APPROVING AND ACCEPTING MINUTE ORDER NO. 86413 AS
PRESENTED BY THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC
TRANSPORTATION
WHEREAS, The City of La Porte has rec ei v ed Minute Order
No. 86413 from the State Department of Highways and Pub 1 ic
Transportation; and
WHEREAS, said Minute Order sets out certain proposals to
the City of La Porte, to widen Loop 410 from Avenue G in La
Porte south to Fairmont Parkway, and has tendered such proposal
to the City as is shown in Exhibit A of this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF LA PORTE, TEXAS
Section 1. That the City of La Porte approves and accepts
State Department of Highways and Publ ic Transportation Minute
Order No. 86413 as presented in Exhibit A of this Resolution.
Section 2. This Resolution shall be in effect from and
after its date of passage.
PASSED AND APPROVED this the day of
1987.
CITY OF LA PORTE
Norman L. Malone, Mayor
ATTEST:
Cherie Black, City Secretary
APPROVED:
Knox Askins, City Attorney
eSTATE DEPARTMDJT OF HIGHi'il\YS tit
At-..U PUBLIC TRANSpORTATION
P.hRl-: I ~
CO\Jt:TY
MINUTE ORDER
r.\c:-::
1 OF
2' r!\c=-::':
DISTRICT t:n. HCUSTO!,: (12)
h"HEREr\S, n: I!t\P.I\IS COur'TY or~ LOOP .nO, fRor-l AVEtmr: G U; U~
PCRTE SOUTH ,\!:D vLST TO S'IA'iT HIC,(1\JT,Y 146, ;\ ::nS':";~~:CE OF l\PPROXIl~'TF:LY
2.0 ~lILES, 7". PRCJEC'I' TO \';IDEI: 'THIS SECTlO~: C'F I1!{;l~.';AY IS APPRCVED H'
THE 5- YEAR CEVELOR'1EllT SCHCDULE OF THE 10- YF1"R PROJB....""'T DEVELOP~':IJ;?
PU>l\ ; AND
HHEREAS, THE CITY Qf Ll\ P~RTE PAS P.!:CU:.ETED '!r...~T THE SECTIm: or
TIns PROJOC'l' FROH AVEtJUE G TO FhIRHONT PARIV-:?Y, A ;:)ISTAIX:;C OF
APPROXIMATELY O. 34 ~HLE, BE ADDED TO THE l-YE.~R L!:'l'TH\G SCHEDULE AT JlJ:
FSTIMATED COST OF $1,175,000; A1JD
"
':HERv~S, TI1E CrTY ':'= [}, pORTE l-fAS OFFEP.I:D TO PAY S7~9,OOO
TO\'ffiRD THE PRSLH-Ur,;;\RY ENGU;EERU:C A!~ CQt;STp.\JCTIm) OF 'Il-iIS PRCJEC'I';
nOt':, TEEREFCFr:, IT IS CRiX~RED ':'I~'! ~lE i:~;GH::::R-DmE-..."'TOR IS
DIRECTED TO TEtIDER THE FOLLa.'iING PROPOSl-.L TO THE CITY OF LA POP.TE:
PROVIDED THE CITY OF LA FeRTE \iILL:
1. PROVIDE $749, 000 TO.~I,RD TEE PRELI!ln';''\RY I],'GmEERU;G l\l::;
CONSTRUCTION ()F TlIIS PROJECT.
2. PROVIDE Ot~E-HUt\1)RED PERCENT OF THE co~~ OF l;"T'ILITY
:'..J'JU:'!~-~E!~TS l\S 1''1".'''1 r:: r:::~CIr~~~. I!: ?\.CC0?~.:"'.!:(::: \:T~'l~ ?':".:L!:!:~
OF T}!E S':'l',TE Dr:;pr,p.~~EN7 OF E:iC~!\';l\Y~ !~::~ PUSLIC
':'R~NSPORTp..TIOt~ .
EXHIBIT "A"
. .
eSTATE DEPAR'IMENT OF HIGI MA YS e
AND PUBLIC TRANSPORTATION
1;:.....rmI[;
COm!TY
MINUTE ORDER
l'i\GE
u:'
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mSTRTC'f !1C'. !!OUST(:'~.l (1:>)
TIlE ST1\TE DEPi~R'IlIENT OF HICH\'.j!>.YS At."'D T~.~:SpORTATlm; \':ILL:
1. ADD Tms PROJOC'l' TO THE l-yr..;R LE'7rn:G SCllZDULE.
2. PROVIDE RELOCATION ASSISTANCE !>.S rlI~y BE DF.TEP!1IlJED TO BE
ELIGIBLE m:nER THE REL-.,rcl'.TIC~: ASSIST!>l:CS PROGR.;....l.
. "
UPON ACCEPTA!-k:E OF TEE PROVISIOt-:S OF THIS !1U:U7E ORDER BY 'Ii-lE
CITY OF LA PORTE, Till: ENGINEER-DJROCTCR IS AUTHORIZED TO ADD THIS
PROJECl' TO THE 1- YEAR LETTING SCHEDULE OF THE 10- YEAR PROJOC'T
DEVELOpr.1ENT PLAN; AND TO PROCEED m TIlE 11CST ITASIELE AND ocor;OUS.~.L
~tANKER lani PRCJu...~: DEV1:LCP-1EllT ':'C n::rmE Al~ !,:1X:ESS';I:Y ;;GRE~H:!:TS '\t:~
RELXATIOt; AS5!STM:CE AT AI: ESTWATED COST TO THE 57",'1'::: C:' S510,CC'O.
TIllS ORDeR Sl-P.LL BDCO:.\E cpr:r.J~TI\'E UP01\ i\CCBp:ri"t:'.:E BY ':'i-:E C~7Y
OF r..~ pORTE; AND IF NOT ACCEPTED i\Trm~: 90 DiWS 02 TIlE Di':n: EEREOF, ThE
l').C'~lOt~ 11sr~r::lt: CQ1:T!J..I~:I::) :E2\LL E: .~:.['7C~~t.~I::!.L;~Y C:'\~';C;:~~!I'.
StJ3:HTTED gy
r:XI..;:: ~:m ;..~'D F.ECC: l.:'1El :I:'ED S~:
C.:'IJ:"LE) i\f)'lINI3TP...YrTVE f\SSI::iTAt:-r
AI'f-R0Vr.D
DEPUTY JII,I:."\:TClR
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MHJ;:-!:: r:U:-!3Ei:
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EXHIBIT "A"
_ STATE DEPARn1ENT OF HIGHI'lAYS
. Nm PUBLIC TRANSPORTATION e
I ;:\RI\ J .!";
com:TY
MINUTE ORDER
P ,'\Gf.
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I 'I\C~~'~
rnSTRTCT !1C'. !!OUS'IT'N (1:>)
TI!E ST1>.TE DEPi\R'Il1El\'T OF HICH\'i!>.YS AND TR;.~:SPORTATIm: \;ILL:
1 . ADD Tll1.S PROJOC'r 'I'O THE 1- YE.;;R LE.'7I' n:G XI J:DULE .
2. PROVIDE RELOCATION ASSISTAtr2E !>.S 11l~Y BE DETEP!1HJrn TO BE
ELIGIBLE m:DER THE RELOC1\TIC~: ASSISTJll:CS PROGR.:"'''i.
, "
UpON ACCEPTNK:E OF TI~E PROVISlm:S OF '!1US !1U:UTE ORDER BY ':lei::
CITY OF LA PORTE, THe ENGINEER-DIRFX:TCR IS AUTHORIZED TO ADD THIS
PROJECT TO THE l-YEAR LETTING SCHEDULE OF THE lO-YEAR PROJECT
DEVELOFHENT PLAN; AND TO PROCEED IN TIlE r1CST ITJ\SI3LE N-m ocm:OUc,:l.L
~1ANl~R lan1 PRCJu.-": DEVr::LCP.1E1~ ':'C n:::UDE Al.;'{ 1,:E:ESSAI:Y AGRE~1n:TS i\t::)
RELCCATIOt; ASS!STAt:CF. AT At: ESTmATr.o COST TO THE S7,2",7:::: C:' S510,cr'('!,
TIllS ORDeR SH.;LL BEX:O~'\E CPI:f.J\'TIVE LJPOl~ p.C::r:P7i,P':E BY ':'EE ::::;:7Y
OF L.~ pORTE; A~:D IF NOT ACCEPTED \\I'rm~: 90 DlWS 02 THE DATi: !-:EREOF, 'TEE:
l..Sf~lO!~ H!::r~r:It: CSlt::1J..I~:I:~ SE:"\LL 2~ .:..L~C~~l".~I':!..L:~Y C:\l;c;:r..!::,.
.stHUTTED BY
EX!~.::~;r:D ;'.!.TI P~ECC:~!Et='::D S:':
C.:'I7LF.:) i\aUNI3Tr..."I.TT\'E I.SSI~)TJlJ~'I'
A;-rpOVF.D
DEPUTY 811,l:."'2T()!"
~':: :r,r ~ :rLl.-~ i fT:':':A:
M It;r;:-E I:U:-!3Ei:
2f3t1)"l
!l:\1T !)!\SSEf!
(C'i' 2:'
EXHIBIT "A"
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COMMISSION
!'~ {.;,~T ""11'\{" p,.. "
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STATE DEPARTMENT OF IDGHWAYS OF~,"':':'C:" x;""t...::;. "
. I '
AND PUBLIC TRANSPORTATION ,~-
P. O. Box 1386
Houston, Texas 77251-1386
ENGINEER.DIRECTOR
R. E. STOTZER, JR,
ROBERT C. LANIER, CHAIRMAN
ROBERT M. BASS
RAY STOKER, JR.
October 30, 1987
IN REPLY REFER TO
ADE
Harris County
Loop 410: From Avenue G
" to SH 146
Minute Order No. 86413
in Laporte South and West
Dear Mayor Malone:
TO', TY'\~oa. o--J. ~ ~uJ..
\h~, .\.~ ~~ tJ-ew<\.
~ (:""''"'~ 1.Il"\\ ~S',~
+\..~t, ,"\-t- 1\-1 ~ ~
tJ~ f~ ~
(2~ 1\ \~ 1'6""1
Hon. Norman L. Malone
Mayor" City of La Porte
P.O. Box 1115
La Porte, Texas 77571
Attached is a copy of the subject Minute Order passed by the Commission on
October 28, 1987.
You will note that acceptance by the City of La Porte within 90 days from the
date of the Minute Order is required before the Minute Order can become operative.
In this connection, we will appreciate receiving two certified copies of
resolution setting forth the action taken by the City Council.
If you have any questions regarding this matter, please contact Mr. James Grayson,
District Program Engineer, of this office at (713)869-4571.
Sincerely,
;/~. ~
J. A. Nitsch
Assistant District Engineer
District No. 12
Attachment
. .
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Report
1987
Agenda Date Requested:
Requested By: Steve Gillett
Public Works
x
Resolution
Ordinance
Exhibits:
Contract for supply of potable water and the construction, financing
and operation of water treatment transmission and distribution
facilities between La Porte Area Water Authority and the City of
Shoreacres.
SUMMARY & RECOMMENDATION
City Council has seen the contracts in their entirety and has
approved the contracts in the past.
Bond Counsel for the La Porte Area Water Authority has reviewed
and approved the contract as submitted. The only changes of
substance area:
A. Section 10.01 - language has been updated to reflect the
new tax reform act of 1986;
B. Section 6.01 - has been updated to reflect the new
financing formula, which has been made consistent with
the financing and cost formula contained in the City of
Houston's Water Sales Contract to the La Porte Area
Water Authority. A total of five Baker & Botts lawyers
have reviewed the contract and have approved it.
The City of Shoreacres approved their contract on November 9, 1987.
This item is identical to the one previously submitted for Bayshore
Municipal Utility District and the City of La Porte.
Action Required by Council:
Approval of contract between LPAWA and the City of Shoreacres.
Availability of Funds:
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
Funds Available:
YES
NO
Approved for City Council Agenda
Q~ TI l~
Robert T. Herrera
City Manager
\\ \,\()l\()l
DATE
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REQUEST FOR CITY COUNCIL AGENDA ITEM
X Report
1987
Agenda Date Requested: November
Requested By: Steve Gillett
epartment: Public Works
Resolution Ordinance
Exhibits:
Contract for supply of potable water and the construction,
financing and operation of water treatment transmission and
distribution facilities between La Porte Area Water Authority and
the City of Morgan's Point.
SUMMARY & RECOMMENDATION
City Council has seen the contracts in their entirety and has
approved the contracts in the past.
Bond Counsel for the La Porte Area Water Authority has reviewed
and approved the contract as submitted. The only changes of
substance are:
A. Section 10.01 - language has been updated to reflect the
new tax reform act of 1986;
B. Section 6.01 - has been updated to reflect the new
financing formula, which has been made consistent with
the financing and cost formula contained in the City of
Houston's Water Sales Contract to the La Porte Area
Water Authority. A total of five Baker & Botts lawyers
have reviewed the contract and have approved it.
The City of Morgan's Point approved their contract on November 11, 1987.
This item is identical to the one previously submitted for Bayshore
Municipal Utility District and the City of La Porte.
Action Required by Council:
Approval of contract between LPAWA and the City of Morgan's Point.
Availability of Funds:
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
Funds Available:
YES
NO
(
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Council Agenda
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-.f.A..,.. I I\..J
ORDINANCE NO.
1569
AN ORDINANCE AMENDING CHAPTER 22-1/2 OF THE CODE OF ORDINANCES OF THE CITY OF
LA PORTE, BY ADOPTING THE NEW AND MOST RECENT EDITION OF THE STANDARD
SWIMMING POOL CODE, 1985 EDITION, AND APPENDICES, BY AMENDING TERMS UNDER
WHICH THE STANDARD SWIMMING POOL CODE IS TO BE ADOPTED BY THE CITY BY
ALTERING THE MECHANICAL REQUIREMENTS; PROVIDING THAT ANY PERSON VIOLATING THE
TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON
CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS
($200.00); CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Section 22-1/2 of the Code of Ordinances of the City of La
Porte is hereby amended, to hereafter read as fOllows, to-wit:
"Section 22-1/2 (7). Adopted
The Standard Swimming Pool Code, 1985 Edition, and appendices, as
adopted by the Southern Building Code Congress International, is hereby
adopted. Provided that the Exception shown in Section 304.2 (Required
Equipment) is hereby deleted from said adopted code. A copy of said
code is on file in the office of the City Secretary of the City of La
Porte, Harris County, T~xas, and is designated as the Swi~ing Pool Code
of the City of La Porte, incorporated by reference in this article, and
made a part hereof, as fully as if copied at length herein."
Section 2. If any section, sentence, phrase, clause, or any part of any
section, sentence, phrase, or clause, of this ordinance shall, for any
reason, be held invalid" such invalidity shall not affect the remaining
portions of the Ordinance, and it is hereby declared to be the intention of
this City Council to have passed each section, sentence, phrase or clause, or
part thereof, irrespective of the fact that any other section, sentence,
phrase or clause, or part thereof, may be declared invalid.
Section 3. Any person, as defined 1n Section 1.02 (27), Texas Penal
COde, who shall violate any provision of this ordinance, shall be deemed
guilty of a misdemeanor and upon conviction shall be punished by a fine not
to exceed TWO HUNDRED DOLLARS ($200.00). Each day any violation of this
ordinance shall continue shall constitute a separate violation.
Section 4. The City Council officially finds, determines, recites and
declares that a sufficient written notice of the date, hour, place and
subject of this meeting of the City Council was posted at a place convenient
to the public at the City Hall of the city for the time required by law
preceding this meeting, as required by the Open Meetings Law, ARticle 6252-
17, Texas Revised Civil Statutes Annotated; and that this meeting has been
open to the public as required by law at all times during which this or-
dinance and the subject matter thereof has been discussed, considered and
formally acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
/ .
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Ordinance No. 1569
, Page 2
Section 5. This Ordinance shall be effective fourteen
its passage and approval. The City Secretary shall give
passage of this ordinance by causing the caption hereof to
the official newspaper in the City of La Porte at least twice
days after the passage of this ordinance.
(4) days after
notice of the
be published in
within ten (0)
PASSED AND APPROVED THIS THE 23rd DAY OF NrnTPmhAr , 1987.
CITY OF LA PORTE
By:
NORMAN MALONE, Mayor
ATTEST:
By:
CHERIE BLACK, City Secretary
APPROVED:
"ER 3
:QUIREMENTS
~ERAL
e, all piping, equipment and mate-
conform to the Standard Plumbing
o swimming pools that are built in
Standards for Public Swimming Pools", dated April 1, 19n published by
the National Swinuning Pool Institute or other accepted engineering practices
and shall be of such character as to secure the results sought to be obtained
by this Code.
lOVALS
\. ' ._...-.''''''....t__ "c . A" "';" .~
304.2-REQUIRED EQUIPMENT
Every swimming pool <shal(pe.equipped.'complete".with,ap~;,~~ 1-
equipmel}!>Onsisting of f1lter, pump, piping valves and co~~jf~~
~CEPTI ON:,l~.ools ..with.a, supply; of. fresh, \V"~lcr> c:quivalent to
D& L-~/e :"the volume of the pool in the specified turnover time will be allowttiJ
\
nt or appliances entering into the
IS thereof shall be of a type complying
lded and approved by a nationally
, other recognized standards acceptable
304.3-WATER VELOCITY
Pool piping shall be designed so the water velocity will not exceed 10 ftl
see, except that the water velocity shall not exreed 8 ft/sec in copper tubing.
EXCEPTION: Jet inlet fittings shall not be deemed subject to this
requirement.
:hese requirements, the Administrative
uire that all equipment, materials,
atures shall be proven to function
~ssive maintenance and operational
304.4-PIPING TO HEATER
When approved plastic pipe is used for pool piping, 10 ft of approved
metal piping shall be installed on the down-stream side of any water heating
equipment, and a check valve shall be installed adjacent to heating equipment
on the up-stream side prior to the connection of plastic pipe.
EXCEPTION: For rapid or hi-rate sand filters, check valve may
be excluded.
)licant to provide such data, tests,
material or product will satisfactorily
ltended, before such item shall be
304.5-PIPING INSTALLATION
All piping materials shall be installed in strict accordance with the manufacturer's
installation standards.
305-PUMPS
ALS AND METHODS
JCTION
'ION
ltended to prevent the use of any
:1, appliance or equipment provided
ved and its use authorized by the
305.1-STRAINER
Pool circulating pumps shall be equipped on the inlet side with an approved
type hair and lint strainer when used with a pressure mter.
305.2-MOUNTING
Pumps shall be mounted on a substantial base in a manner that will eliminate
strain on piping.
Jall be in confonnity with "Minimum
305.3-CAPACITY
Pumps shall have design capacity at the following heads.
I. Pressure Diatomaceous Earth-At least 60 ft.
2. Vacuum Diatomaceous Earth-20 in vacuum on the suction side and
40 ft total head.
3. Rapid Sand-At least 45 ft.
4. High Rate Sand-At least 60 f1.
substantiate claims for alternates,
ire tests, as proof of compliance,
pense of the applicant.
~G DESIGN
Standard Swimmi~ Pool Code/1985
Standard Swimming Pool Code/1985
11
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'...' ~ ~ >< .
:to' :". ~. ~
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Louic Welch, Chairman
SlIIart S. Colcman. Vice Chairman
(;eor~e W, ~lcClcskey. ~lcmher
~L Re~inald Arnold"
F:xecutivc Administrator
Glcn E. ROlley. ~1emh~'r
Thomas ~L Dunlljn~. ~kmhcr
Charles \\'. JCllncss. ,\lcmhcr
Mr. Steve Gillett
Public Works Director
La Porte Area Water Authority
P.O. Box 1115
La Porte, Texas 77511
~'
'~:~-;..~~~~.). .......
Dear Mr. Gillett:
Re: La Porte Area Water Authority Water Conservation and Drought Contingency
Plan and Adopted progran
The Texas Water Develop.nent Board ('YwDB) has received the reVISIons to the La
Porte Area Water Authority's (LPA~) water conservation and drought contin-
gency plan and adopted progrfun. Based on review of the revision materials,
the Board's conservation staff has determined that the Authority's long-te~n
water conservation information program and the Bayshore Municipal Utility
District Plumbing Code Resolution have been revised to address the correspond-
ing revision recaThnendations of the Board's April 27, 1987, review letter.
Regarding the Board's recQnnendation that the Cities of La Porte and Morgan's
Point rev ise their pluming codes, the Board understands t..'1at it is "nor:nal"
policy of the Cities to only adopt standard codes. As you are aware, however,
all of the standard codes available contain different components and nunerical
standards. In addition, the Board's water conservation planning guidelines
specifically include "the insulation of all new hot water pipes" and lithe
installation of recirculating filtration equipnent in new swimning pools" as
provisions that should be contained in a water conservation plumbing code.
Therefore, because the other LPAWA cities have included the recannended
provisions in their pluming codes, and in order to treat all LPAWA customers
equitably, La Porte and Morgan's Point should amend their plllinbing codes or
appropriate building and swimning pool codes to require the insulation of all
new hot water pipes and the installation of recirculating filtration equipment
in all new swim~ing pools.
Once the Board receives the official a~end~ents to the La Porte and Morgan's
Point plumbing codes and final approval is given, an approval letter will be
sent to the Authority.
(,,0, Box 1.12.11 C:lpilOl Station. Austin, Tex:ts i....ill,.12.11 . Are:t Codc SI2"H~1,i/;~i
1 iOO N, Con~rcss ,\"cnlll'
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Mr. Steve Gillett
Page 2
The Texas Water Develoflllent Board thanks the La Porte Area Water Authority and
member political subdivisions for developing and adopting an effective water
conservation and drought contingency program. If you have any questions re-
garding the plumbing code amendment require:nents, you may contact Mr. Stephen
Dayton or Mr. Bill Hoffman at {5l2} 463-7926.
Sincerely,
Ik~ttn~
Herbert W. Grubb
Director of Planning
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REOUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 26, 1987
Requested By:
Department: Administration
xx
Report
Resolution
Ordinance
Exhibits: Resolution 87-22, Resolution 87-23, and the
Proposed Agreement between the City of La Porte and Charles
Berdon Lawrence. Map to be presented at City Council Meeting.
SUMMARY & RECOMMENDATION
The City has negotiated an Agreement with Berdon Lawrence which
would provide the City of La Porte with $100,000 for Park land
Capital Improvements. In return the City agrees that the fishing
pier associated with the Little Cedar Bayou Park Improvements will
not be constructed on the area defined as restricted property.
(see map to be presented at Council meeting). Mr. Lawrence would
like for the funds to go for improvements to park property along
the bay. If the City cannot work out an acceptable joint venture
agreement with the County then the money is to go to City owned
property.
In addition, Mr. Lawrence has agreed that should the City lose
State grant money for the relocation of the fishing pier, he will
underwrite the loss in an amount up to $35,000.
Action Required by Council:
Consider approval of Resolution 87-22 and 87-23 regarding an
Agreement with Berdon Lawrence providing for improvement to the
City of La Porte Park facilities.
Resolution 87-22 authorizes the execution of a "Declaration of
Covenants and restrictions" between Charles Berdon Lawrence and
the City of La Porte (To be filed for record).
Resolution 87-23 authorizes the execution of an Agreement between
Charles Berdon Lawrence and the City of La Porte.
Availability of Funds:
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
Funds Available:
YES
NO
AODroved for City Council Agenda
f:obtAk It ~___
Robert T. Herrera
City Manager
()c~, (JL - CO,
DATE
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RESOLUTION NO. 87- 22
A RESOLUTION AUTHORIZING THE EXECUTION OF A "DECLARATION OF COVENANTS AND
RESTRICTIONS" DATED OCTOBER 26, 1987, BETWEEN CHARLES BERDON LAWRENCE AND THE
CITY OF LA PORTE; FINDING COOPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte hereby approves that
certain "Declaration of Covenants and Restrictions" dated October 26, 1987, by
and between Berdon Lawrence and the City of La Porte, all in form attached to
this Resolution as Exhibit "A", incorporated by reference herein, and made a part
hereof for all purposes. The Mayor is authorized to sign on behalf of the City,
and the City Secretary to attest, the duplicate originals of such agreement.
Section 2. The City Council officially finds, determines, recites and
declares that a sufficient written notice of the date, hour, place and subject of
this meeting of the City Council was posted at a place convenient to the public
at the City Hall of the City for the time required by law preceding this meeting,
as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil
Statutes Annotated; and that this meeting has been open to the public as required
by law at all times during which this resolution and the subject matter thereof
has been discussed, considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the contents and posting
thereof.
Section 3. This Resolution shall be effective from and after its passage
and approval.
PASSED AND APPROVED this the 23rd day of November, 1987.
CITY OF LA PORTE
Norman Malone, Mayor
ATTEST:
Cherie Black, City Secretary
~u/~
Knox W. Askins, City Attorney
6/HFC/BL008-001
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DECLARATION OF COVENANTS AND RESTRICTIONS
This Declaration of Covenants and Restrictions (this
"Declaration") is made as of the %f'to.ay of October, 1987, by the
CITY OF LA PORTE ("La Portell), a municipal corporation, of Harris
County, Texas and CHARLES BERDON LAWRENCE ("Lawrence"), a
resident of La Porte, Harris County, Texas.
RECITALS
LaPorte is the owner of the fee simple title to the
Restricted Property (hereinbelow defined). Lawrence is the owner
of a leasehold estate the Leased Property (hereinbelow defined)
pursuant to the Lease (hereinbelow defined) and is the owner of
the fee simple title to the Adjacent Property (hereinbelow
defined). The Leased Property and the Restricted Property abut
and share a common boundary line wi th the Adjacent Property.
Further, the Restricted Property is situated at the mouth of
Li ttle Cedar Bayou at its point of intersection wi th Galveston
Bay.
LaPorte and Lawrence, desiring to maintain the natural
beauty of the coastline and the serenity of the natural state of
existence of the Restricted Property, and for and in
consideration of the payment of good and valuable considerations
to La Porte, the receipt and suff iciency of which is hereby
acknowledged and confessed, have executed this Declaration for
the purpose of imposing certain covenants and restrictions on the
use of the Restricted Property.
DECLARATION
ARTICLE I
DEFINITIONS
The following words and terms when used in this
Declaration (unless the context shall otherwise prohibit) shall
have the following meanings:
1.01 "Restricted Property"--that certain tract of land
situated at the mouth of Little Cedar Bayou, in the City of La
Porte, Harris County, Texas, and being more particularly
described by metes and bounds in Exhibit "A" attached hereto, as
said tract may increase or decrease in size due to accretion,
erosion, avulsion, or similar act of nature, and all rights,
titles and benefits accruing or appurtenant to the ownership of
such land.
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1.02 "Adjacent Property"--that certain tract of land in the
City of La Porte, Harris County, Texas, and being more
particularly described by metes and bounds in Exhibit "B"
attached hereto.
1.03 "Leased Property"--that certain tract of land in the
City of La Porte, Harris County, Texas, being more particularly
described in Exhibit "C" attached hereto.
1.04 "Lease"--that certain Lease Agreement dated as of
January 1, 1985 by and between La Porte and Lawrence covering the
Leased Property for a term of forty (40) years ending
December 31, 2024.
1.05 "Benefitted Owner(s)"--(a) singly, any of, and (b)
collectively, all of the record owners of the fee simple title to
any portion of the Adjacent Property.
1.06 "Improvement" or "Improvements"--all structures or
other improvements of any kind whatsoever, whether above or below
grade, including, but not limited to, buildings, utility
installations, equipment, storage, loading and parking
facili ties, sidewalks and walkways, piers, dr i veways,
landscaping, statuary, lakes, ponds and pools, walls, fountains,
benches, signs, si te lighting, si te grading and earth movement
and any additions, changes or alterations thereto and replace-
ments thereof.
1.07 "Natural State"--with respect to any land so described,
the natural state of existence of such land, as of the date
hereof, with no changes, Improvement, or Improvements made to the
natural landscaping existing on such land except for such service
and pruning of trees and other foliage as may reasonably be
required to preserve existing nature trails or to preserve or
allow the use and servicing of currently existing easements
across or under such land.
1.08 "Nature Trail"--a path or route for pedestrian traffic
only having a base composed solely of natural vegetation, pine
needles, and/or bark mulch which is no wider than three (3) feet
at any point.
ARTICLE II
ESTABLISHMENT; PURPOSE; ENFORCEMENT
2.01 Establishment of Covenants and Restrictions. La Porte
hereby imposes the following restriction on the Restricted
Property:
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The Restricted Property shall remain in its Natural
State during the term of this Declaration and no use of
the Restricted Property shall be permitted which, in any
way, alters the Natural State thereof other than Nature
Trails. Without limiting the generality of the
foregoing, no motorized or wheeled vehicles of any kind
shall be permitted on the Restricted Property.
The Restricted Property shall be held, sold, transferred,
conveyed, and occupied subject to the covenants and restrictions
created and set forth in this Declaration.
2.02 Enforcement. The covenants and restrictions created in
this Declaration shall be covenants running with the title to the
Restricted Property and be binding upon and enforceable against
each purchaser, grantee, owner, or lessee of all or any portion
of the Restricted Property and the respective heirs, executors,
administrators, designees, successors, and assigns of any such
purchaser, grantee, owner, or lessee. The covenants and
restrictions c~eated in this Declaration shall inure to the
benefit of each Benefitted Owner; any Benefitted Owner shall have
the right, but not the obligation, to enforce the covenants and
restrictions created in this Declaration; and the benefit of and
right to enforce such covenants and restrictions shall run with
the title to the Adjacent Property.
A breach of any of the covenants and restrictions of
this Declaration shall give to any party entitled to enforce such
covenants and restrictions the right to bring a proceeding at law
or in equity against the party or parties breaching or attempting
to breach such covenants or restrictions and to enjoin such party
or parties from so doing, or to cause such breach to be remedied,
or to recover damages resulting from such breach.
In any legal or equitable proceeding or proceedings for
the enforcement of the covenants and restr ictions contained in
this Declaration or to restrain a breach thereof, the party or
parties against whom judgment is entered shall pay the attorneys'
fees and costs of the party or parties for whom judgment is
entered in such amount as may be fixed by the Court in such
proceeding or proceedings.
All remedies provided under this Declaration, including
those at law or in equity, shall be cumulative and not exclusive.
The failure of a party having aright to enforce the
covenants and restrictions contained in this Declaration to so do
shall not be deemed a waiver of the right of any other party
having such right, nor a waiver to do so for a subsequent breach,
of the right to enforce any other provision of this
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Declaration. No party having the right to enforce the covenants
and restrictions contained in this Declaration shall be liable
for failure to do so.
ARTICLE III
MISCELLANEOUS
3.01 Term. Unless sooner terminated pursuant to Section
3.02 hereof, this Declaration shall be in force and effect for a
term commencing on the effective date of this Declaration and
ending on the 31st day of December, 2024 (i.e., concurrent with
the expiration of the term of the Lease). This Declaration may
be amended or terminated only as provided in Section 3.02.
3.02 Amendment; Termination. This Declaration may be
amended from time to time, or terminated, only by an instrument
in writing executed by all of the Benefitted Owners, acting
unanimously. All amendments and any termination pursuant to this
Section 3.02 shall become effective when recorded in the Official
Public Records of Real Property of Harris County, Texas.
3.03 Severability. If any of the covenants, restr ictions,
or other terms of this Declaration shall be found void or
unenforceable for whatever reason by any court of law or of
equity, then every other covenant, restriction, and term herein
set forth shall remain valid and binding, and the Benefi tted
Owners to the fullest extent possible shall modify such failed
covenant, restriction, or term to the extent required in order to
carry out the general purposes of this Declaration and to impart
validity to such covenant, restriction, or term.
3.04 Captions; Singular, Plural and Gender. The Article and
Section headings herein are intended for convenience only and
shall not be construed with any substantive effect in this
Declaration. Words used herein shall be deemed to include
singular and plural, and any gender as the context requires.
3.05
attached to
incorporated
hereby made
purposes.
Incorporation of Exhibits. Each of the Exhibits
and referred to in this Declaration is hereby
into this Declaration by this reference, and is
a part of this Declaration for all intents and
IN WITNESS WHEREOF, La Porte and Lawrence have has
caused the Declaration to be executed as of the date and year
first above written.
ATTEST:
CITY OF LA PORTE
By:
Cherie Black,
City Secretary
By:
Norman L. Malone, Mayor
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APPROVED $: the ~ <lay
of {)O-f , 1987
By: ~rJ.~
Knox W. Askins,
City Attorney
CHARLES BERDON LAWRENCE
THE STATE OF TEXAS S
COUNTY OF HARRIS S
This instrument was acknowledged before me on
1987, by NORMAN L. MALONE, MAYOR of the CITY OF LA PORTE, a
municipal corporation, on behalf of said corporation.
NOTARY PUBLIC, STATE OF TEXAS
My commission expires:
(Print Name)
THE STATE OF TEXAS S
COUNTY OF HARRIS S
This instrument was acknowledged before me on
1987, by CHARLES BERDON LAWRENCE.
NOTARY PUBLIC - STATE OF TEXAS
My commission expires:
Print Name
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EXHIBIT A
.I
Being a proposed 0.7184 acre (31,292 sq. ft.) tract
comprising part of a 9.4925 acre tract designated "Tract 2"
according to deed filed under Harris County Clerk's Film Cod~
Ntmber 183-17-2544 et. seq., and being part of Lots 22 and 23, W.
B. Lowrance Subdivision, Johnson Hunter Survey, A-35, La Porte,
Harris County, Texas; plat of said subdivision recorded in Volume
85, Page 596, Harris County Deed Records. The 0.7184 acre
tract is more particularly described by metes and bounds as
follows:
Beginning at a 5/8 inch iron rod found for the Northwest
corner of a 0.9591 acre tract, being part of Lot 23, W. B.
Lowrance Subdivision as surveyed by H. Carlos Smith, Engineers &
Surveyors, Inc., on March 2 through 4, 198:3; said point being
coincident with the Northeast corner of the Vista Baywood
Apartment tract of land that was conveyed by Frank Bonner to
George B. Rush and Omera Properties, Inc., on December 10, 1971,
according to the deed of record filed under Harris County Clerk's
File Number D-480689.
Thence, North 3 degrees 03 minutes 57 seconds West; being a
straight projection of the West boundary line of the
aforementioned 0.9591 acre tract and East boundary line of Vista
Baywood tract; passing at 100.00 feet. a f'l8 inch ircln rod found
on line; for a t.otal distance of 181.05 feet to a point for
corner on the Sout.h shoreline of Little Cedar Bayou.
Thence, in Sc~theasterly direction; following the South
shoreline of Little Cedar Bayou and coincident with the 1.0 feet
contour line (based on 1978, U.S.G.S. datur~)
South 70 degrees 40 minutes 56 seconds Ea~t a distance
of 78.65 feet to a point for corner;
South 45 degrees 27 minutes 35 seconds East a distance
of 82.75 feet to a point for corner;
South 58 degrees 54 minutes 32 seconds East a distance
of 61.51 feet to a point for corner;
South 60 degrees 20 minutes 43 seconds East a distance
of 69.36 feet to a point for corner;
South 38 degrees 05 minutes 16 seconds East a distance
of 107.26 feet to a point for corner;
Thence, North 79 degrees 55 minutes 34 seconds West;
coincident wit}l the North boundary line ~f the aforementioned
O.9f,91 acre tract; a distance of 12.64 feet. t.o t.h.:~ SO'.1theast
corner of that certain 0.0508 acre tract lea~.ed by Hollywood
r'~:=',rine from Ci ty of La Porte a~. rec(.>rded und.;:!' H. C. C. F. H(l.
..1900603.
Thence, North 49 degrees 36 minutes 04 ~econds W0st;
cc.incident with the North bound3ry lin~ (If 0.0508 acrf: lease
tract and the North edge of a timt'::r bull:head; a distance of 7.63
feet to a point for corner.
Page 1 of a 2 Page Exhibit A
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Thence, North 47 degrees ~7m1nutes 54 seconds W~st;
coincident with tJle North boundary line of the 0.0508 acre lease
tract at the North edge of a timber bulthead; passing at 31.94
feet the end of bulkhead; fe,r a t0tal distance of 80.74 feet to a
point for corner.
Thence, South 33 degrees West; coincident with the West
boundary line of tJle 0.0508 acre lease tract; a distance of 51.02
feet to a point f~r corner.
Thence, North 79 degrees 55 minutes 34 seconds West;
coincident wit)) the Horth boundary line of the 0.9591 acre tr~ct;
a distance of 200.02 feet to the POINT OF BEGINNING.
Page 2 of a 2 Page Exhibit A
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EXHIBIT B
Being a 0.9591 acre ~rac~ ( called 0.9603 acres) out of Lot 23, ~. B. Lowrance
Subdivision al~3 a 0.1895 acre tract ( calle~ 0.1883 acres) out of Lot 23, W. B.
L~rance Subdivision, subject to tidal flow; being the same two tracts of land refered
to as Exhibit "A" and Exhibit "B", respectively, in the deed from Stanley D. SheNood
to James H. Sims as recorded under Harris County Clerk's Film Code 008-82-1024.
The 0.9591 acre tract of land is more particularly described by metes and bounds
as fol1~s;
Beginning at a 5/8 inch iron rod found for the Northwest corner of this
0.9591 acre tract of land; said corner is also the Northwest corner of that certain
2.358 acre tract of land conveyed to Stanley D. Sherwood, Trustee by the Estate of
Frank Bonner B~ard ( Deceased ).
Thence, S 76- 51' 37" E; coinciaent with the South boundary line of that
certain 9.4925 acre tract of land conveyed to Yatson's Bay, Inc. by Y. S. Crawford
Jr. according to the deed recorded in Volume 6959, Page 568 of the Harris County
Deed Records; passing at 220.00 feet a 5/8 inch iron rod found for reference corner;
for a total distance of 292.38 feet to a point for corner in the present shoreline
of Galveston Bay.
Thence; coincident witb the meanders of the Westerly sboreline of Galveston
Bay as follows;
S 38. 56' 46." E a distance of 14 . 83 feet to a point for corner;
S 11- 40' 00" W a distance of 33.34 feet to a point for corner;
.
S 15. 35' 43" 'W a distance of 60.24 feet to a point for corner;
S 25. 53' 36" 'W a distance of 45.34 feet to a point for tbe Southeast corner of
this tract.
Thence, N 76. 51' 37" W; coincident with,the North boundary line of that certain
tract of land conveyed by Stanley D. Sherwood to William C. Staner as per the instrument
recorded under Harris County Clerk's File No.. G821480; passing at 15.00 feet a 5/8
incb iron rod set for reference corner; for a total distance of 258.06 feet to a
1/2 incb iron rod found for tbe Southwest corner of tbis tract.
Thence, Nortb; coincident witb tbe East boundary line of tbat certain 10.00 acre
tract of land as conveyed by Frank Bonner Howard to George B.Rusb and O'Meara
Properties, Inc. according to the instrument recorded under Harris County Clerk's
Film Code No. 137-37-0027; a distance of 150.80 feet to the ,POINT OF BEGlh~ING.
Page :. of a 2 Page Exhibit B
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The 0.1895 acre tract subject to the ebb and flow of the tide is more
particularly described by metes and bounds as follows;
Commencing at the 5/8 inch iron rod found for the Northwest corner of the
0.9591 acre tract.
Thence, S 76- 51' 37" E; coincident \Jith the North boundary line of the
0.9591 acre tract previously described; a distance of 292.38 feet to the POINT
OF BEGINNING.
Thence, S 76- 51' 37" E a distance of 75.83 feet to a point for corner.
Thence, S 21- 12' 0'" \l a distance of UB.32 feet to a point for corner.
Thence. 'N 76- 51' 37" W; colilcident \Jith the North boundary line of that
certain 0.2135 acre tract described as Exhibit liB" in the deed from Stanley D.
Sherwood to William C. Staner as recorded under Harris County Clerk's File
No. 'C821L.BO; 8 distance of 55.07 feet to 8 point for corner.
Thence; coincident ~ith the meanders of the present ~cster]y
Calveston Bay as follows;
N 25- 53' 36" E a distance of
N 15- 35' '3" E 8 distance of
N 11- ~O' 00" E a distance of
N38- 56' ~6" 'W a distance of
shoreline of
L.5.34
60.2'
33.3'
U. 83
feet to a point for corner.
feet to a point for corner.
feet to 8 point for corner.
feet to the POINT OF BEGINNING.
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Page 2 of a 2 Page Exhibit B
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EXHIBIT C
Being a 0.0508 acre (2,214.85 sq. ft.) lease tract comprising part of a
9.4925 acre tract designated "Tract 2" according to deed filed under Harris
County Clerk's Film Code Number 183-17-2544 et seq., and being part of Lots
22 and 23, W. B. Lowrance Subdivision, Johnson Hunter Survey, A-35, Harris
County, Texas; plat of said subdivision recorded in Volume 85, Page 596, Barris
County Deed Records. The 0.0508 acre lease tract is more particularly described
by metes and bounds as follows;
Commencing at a 5/8 inch iron rod found for the Northwest corner of a
0.9591 acre tract, being part of Lot 23, W. B. Lowrance Subdivision as surveyed
by B. Carlos Smith, Engineers & Surveyors, Inc., on March 2-4, 1983; said
point being coincident with the Northeast corner of the Vista Baywood Apartment
tract of land that was conveyed by Frank Bonner Howard to George B. Rush and
Omera Properties, Inc., on December 10, 1971, according to the deed of record
filed under Harris County Clerk's File Number D-480689.
Thence, S 7'1' 55' 34" E; coincident with the North boundary line of the
0.9591 acre tract; a distance of 200.02 feet to the Southwest corner of the
0.0508 acre lease tract and the POINT OF BEGINNING.
Thence, N 31' 00' 00" E; a distance of 51.02 feet to a point for corner.
Thence, S 47' 37' 54" E, passing at 48.80 feet the start of the North
edge of a timber bulkhead and continuing coincident with aforesaid bulkhead
for a total distance of 80.74 feet to a point for corner on bulkhead.
Thence, S 490 36' 04" E; coincident with the North edge of the timber
bulkhead; a ~istance of 7.63 feet to a point for corner, on bulkhead.
Thence, N 7rJ' 55' 34" W; coincident with the North boundary of aforesaid
0.9591 acre tract and passing at 74.7 feet a 1/2 inch iron rod (Call 5/8 inch)
found for reference corner; for a total distance of 94.7 feet to the POINT
OF BEGINNING.
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RESOLUTION NO. 87- 23
A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT DATED OCTOBER 26,
1987, BETWEEN CHARLES BERDON LAWRENCE AND THE CITY OF LA PORTE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte hereby approves that
certain agreement dated October 26, 1987, by and between Berdon Lawrence and the
City of La Porte, with attached Exhibit "A" Declaration of Covenants and
Restrictions, all in form attached to this Resolution as Exhibit "A",
incorporated by reference herein, and made a part hereof for all purposes. The
Mayor is authorized to sign on behalf of the City, and the City Secretary to
attest, the duplicate originals of such agreement.
Section 2. The City Council officially finds, determines, recites and
declares that a sufficient written notice of the date, hour, place and subject of
this meeting of the City Council was posted at a place convenient to the public
at the City Hall of the City for the time required by law preceding this meeting,
as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil
Statutes Annotated; and that this meeting has been open to the public as required
by law at all times during which this resolution and the subject matter thereof
has been discussed, considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the contents and posting
thereof.
Section 3. This Resolution shall be effective from and after its passage
and approval.
PASSED AND APPROVED this the 23rd day of November, 1987.
CITY OF LA PORTE
Norman Malone, Mayor
ATTEST:
Cherie Black, City Secretary
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Knox W. Askins, City Attorney
APPROVED:
6/HFC/LAWRagree
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AGREEMENT
THE STATE OF TEXAS S
S
COUNTY OF HARRIS S
This Agreement is made and entered into this the ~~day of
October, 1987, by and between CHARLES BERDON LAWRENCE, an
individual (hereinafter referred to as "Lawrence"), and the CITY
OF LA PORTE, a Texas municipal corporation located in Harris
County, Texas (hereinafter referred to as "La Porte").
RECITATIONS
A. Lawrence desires La Porte to impose certain covenants,
restrictions, and conditions on the use of certain real property
which is owned by La Porte in fee simple.
B. As consideration for the imposi tion of said covenants,
restrictions, and conditions, La Porte desires Lawrence to
execute this Agreement setting forth Lawrence's agreement to pay
certain funds to La Porte to be used for certain purposes as
provided herein.
AGREEMENTS
For good and valuable consideration, the receipt and adequacy
of which are hereby acknowledged, Lawrence and La Porte each
hereby agree as follows:
ARTICLE I
CERTAIN DEFINITIONS
The following words and terms shall have the following
respective definitions when used in this Agreement:
1.1 "State Agreement" means that certain Texas Parks and
Wildlife Department Texas Local Parks, Recreation and Open Space
Fund Agreement dated May 8, 1987 executed by and between the
State of Texas and La Porte.
1.2 Approved Budget" means that certain list of approved
expenditures attached to the State Agreement.
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1.3 "Capi tal Improvements" means all structures or other
improvements of any kind whatsoever, whether above or below
grade, including, but not limited to, buildings, utility
installations, equipment, storage, loading and parking
facilities, sidewalks, walkways, bulkheads and bulkheading,
piers, boat launching facilities, driveways, landscaping,
statuary, lakes, ponds and pools, walls, fountains, benches,
signs, site lighting, site grading and earth movement and any
additions, changes or alterations thereto and replacements
thereof.
1.4 "Parties" means collectively Lawrence and La Porte, the
parties to this Agreement.
ARTICLE II
THE DECLARATION
2.1 The Declaration. In consideration of the mutual
covenants and agreements herein contained, La Porte and Lawrence
agree to execute and deliver to the other the Declaration of
Covenants and Restrictions (hereinafter referred to as the
"Declaration") in the form attached hereto as Exhibi t "A" and
made a part hereof for all intents and purposes for the purpose
of imposing certain covenants and restrictions on the use of the
Restricted Property (as defined in the Declaration). The
Declaration shall be executed concurrently with the payment of
the Sylvan Beach Park Amount as provided below.
ARTICLE III
SYLVAN BEACH PARK CAPITAL IMPROVEMENTS
3.1 Sylvan Beach Park Amount. As consideration for the
execution and delivery of the Declaration and for the mutual
covenants and agreements herein contained, Lawrence agrees to pay
to La Porte on or before fourteen (14) days after the date hereof
the sum of $100,000.00 (the "Sylvan Beach Park Amount").
3.2 Permi tted Use of Funds. Promptly upon the receipt of
the Sylvan Beach Park Amount from Lawrence, La Porte agrees to
deposit and maintain (subject to being used pursuant to the
provisions hereof) same in a separate, interest bearing account
at a banking institution of its choice located in Harris County,
Texas. All interest earned shall become a part of the Sylvan
Beach Park Amount to be used as provided below. La Porte agrees
to use the Sylvan Beach Park Amount solely for the construction,
expansion, and/or installation of Capi tal Improvements at that
certain county park named "Sylvan Beach Park" si tuated on the
coastline of the State of Texas in Harris County, Texas.
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Notwi thstanding the foregoing, if, for any reason, La Porte is
unable to use the Sylvan Beach Park Amount for the purposes set
forth in the foregoing sentence, La Porte may use such funds for
the construction and installation of Capital Improvements at any
city park in the discretion of La Porte. In such event, however,
La Porte shall send a written notice to Lawrence advising him of
such change and setting forth in reasonable detail the use of
such funds.
ARTICLE IV
LITTLE CEDAR BAYOU PARK
4.1 State Agreement. Reference is here made to the fact
that the State Agreement provides for the agreement of the State
of Texas to provide certain funds for the construction and
installation of certain improvements to a ci ty park known as
"Little Cedar Bayou Park" located in the City of La Porte, Harris
County, Texas. The purposes for which such funds shall be used
is more particularly set forth in the Approved Budget. In
accordance with the Approved Budget, a portion of the funds are
to be used for the construction and installation of a fishing
pier. Pursuant to the Declaration, La Porte has agreed that the
fishing pier shall not be constructed and installed on the
Restricted Property as originally contemplated.
4.2 Little Cedar Bayou Park Amount. It is the intention of
La Porte to use the funds allocated for the fishing pier for
other improvements to the Little Cedar Bayou Park. If, however,
the State of Texas, as a result of La Porte's agreement not to
construct -and install the fishing pier on the Restricted
Property, refuses to permit all or a portion of the funds
allocated for the fishing pier to be used for another purpose and
therefore refuses to fund all or a portion of the amount
presently allocated for the fishing pier in the Approved Budget
(the "Unfunded Amount"), Lawrence agrees to pay to La Porte an
amount equal to the lesser of the Unfunded Amount or $35,000.00
(the lesser of said amounts being the "Li t tIe Cedar Bayou Park
Amount"). The Little Cedar Bayou Park Amount shall be payable by
Lawrence to La Porte within fourteen (14) days after reasonable
evidence of the Unfunded Amount is furnished to Lawrence by La
Porte.
4.3 Permitted Use of Funds. In the event Lawrence pays the
Li tt1e Cedar Bayou Park Amount to La Porte, La Porte agrees to
deposit and maintain (subject to being used pursuant to the
provisions hereof) same in a separate, interest bearing account
at a banking institution of its choice located in Harris County,
Texas. All interest earned thereon shall become a part of the
Little Cedar Bayou Park Amount to be used as provided below. La
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Porte agrees to use the Little Cedar Bayou Park Amount solely for
the construction and/or installation of Capital Improvements
(subject to the terms of the Declaration) at Little Cedar Bayou
Park.
ARTICLE V
DEFAULT AND REMEDIES
In the event either Party fails to perform its covenants
and obligations hereunder or if the warranties and
representations of either Party prove to be untrue in any
material respect or if La Porte takes any action which will have
the effect of terminating any of the restrictions, covenants, or
conditions imposed by the Declaration prior to the expiration of
the term of said Declaration, the same shall constitute a default
hereunder. In the event of a default hereunder by either Party,
the other Party shall be entitled to exercise any and all rights
and remedies to which it is entitled at law or in equity or by
statute or otherwise and the exercise by such Party of such right
or remedy shall not preclude the simultaneous or later exercise
by such Party of any other such right or remedy.
ARTICLE VI
RECORDS AND BOOKS OF ACCOUNT OF LA PORTE
La Porte shall keep at the central location where La
Porte maintains its financial records, a permanent, accurate set
of records and books of account concerning all funds received
from the State of Texas in connection wi th Li t tIe Cedar Bayou
Park. All such records shall be retained and preserved until the
expiration of two (2) years after the date La Porte receives said
funds; and, in the event Lawrence is required to pay the Little
Cedar Bayou Park Amount, such records shall be subject to
inspection and audit by Lawrence and his agents at all reasonable
times. Lawrence will treat as conf idential all such records
furnished by La Porte, except to the extent that Lawrence is
required to disclose such records to Lawrence's employees,
agents, partners, accountants, or attorneys.
ARTICLE VII
WARRANTIES AND REPRESENTATIONS
By execution of this Agreement, La Porte acknowledges,
covenants, agrees, war rants, and represents that (a) the
execution and delivery of the Declaration and this Agreement (i)
is within the power and authority of La Porte, and (ii) has been
duly authorized by all requisite municipal corporate action; and
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(b) the performance of the terms, provlslons, and conditions of
this Agreement by La Porte and Lawrence serve both a general
public purpose and the general welfare of the residents of the
City of La Porte, Harris County, Texas.
ARTICLE VIII
MISCELLANEOUS
8.1 Notices. Any notice, communication, request, reply, or
advice, or duplicate thereof (herein severally and collectively,
for convenience, sometimes called "notice"), in this Agreement
provided or permitted to be given, made, or accepted by any Party
to any other Party must be in writing. Notice given by
depositing the same in the United States mail, postage prepaid,
registered or certified, and addressed to the Party to be
notified, with return receipt requested, shall be effective from
and after the expiration of three (3) days after it is so
deposited. Notice given in any other manner shall be effective
only if and when received by the Party to be notified. For
purposes of notice, the addresses of the Parties shall, until
changed as hereinafter provided, be as follows:
Lawrence:
Charles Berdon Lawrence
P. O. Box 404
La Porte, Texas 77571
City of La Porte
P. O. Box 1115
La Porte, Texas 77571
Attn: City Manager
However, the Parties shall have the right from time to time and
at any time to change their respective addresses and each shall
have the right to specify as its address any other address within
the United States by at least ten (10) days written notice to the
other Party.
La Porte:
8.2 Non-Waiver. No waiver or waivers by any Party of any
breach, default, liability, or performance by the other Party
shall be deemed or construed a waiver of any other term,
condition, or liability or the breach or default thereof.
Failure on the part of any Party to complain of any action or
inaction on the part of the other Party or to declare the other
Party in default, no matter how long such failure may continue,
shall not be deemed to be a waiver by such Party of any of its
rights hereunder.
8.3 Severability. The Parties intend and believe that each
provision in this Agreement comports with all applicable local,
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state and federal laws and judicial decisions. However~ ~f any
provision or provisions, or if any portion of any provlslon or
provisions, in this Agreement is found by a court of law to be in
violation of any applicable local, state or federal ordinance,
statute, law, administrative or judicial decision, or public
policy, and if such court should declare such portion, provision
or provisions of this Agreement to be illegal, invalid, unlawful,
void or unenforceable as written, then it is the intent of the
Parties that such portion, provision or provisions shall be given
force to the fullest possible extent that they are legal, valid
and enforceable, that the remainder of this Agreement shall be
construed as if such illegal, invalid, unlawful, void or
unenforceable portion, provision or provisions were not contained
therein, and that the rights, obligations' and interest of
Lawrence and La Porte under the remainder of this Agreement shall
continue in full force and effect.
8.4 Applicable Law. This Agreement shall be construed and
enforced in accordance with the laws of the State of Texas.
8.5 Gender and Number. All pronouns used in this Agreement
shall include the other genders, and the singular shall include
the plural, and the plural shall include the singular, whenever
and as often as may be appropriate.
8.6 Captions. The captions under the Article numbers and
beside the Section numbers of this Agreement are for convenience
and reference only and in no way define, limit, or describe the
scope or intent of this Agreement and in no way affect or
constitute a part of this Agreement.
8.7 Incorporation of Exhibits. All Exhibits attached hereto
are hereby incorporated herein by this reference and made a part
hereof for all intents and purposes.
8.8 Binding Effect. This Agreement
provisions shall be binding upon, inure
shall be enforceable by Lawrence and
respective heirs, successors and assigns.
and all of its terms and
to the benefit of and
La Porte and their
8.9 Time is of the Essence. Time is of the essence wi th
respect to all provisions of this Agreement.
8.10 Amendment of this Agreement. This Agreement sets forth
the entire understandings of the Parties and may not be modified
or amended orally or in any other manner than by an agreement in
writing, signed by Lawrence and La Porte. The Parties acknowl-
edge and agree that in enter ing into this Agreement that they
have not relied upon any representations or warranty of the other
Party other than those set forth herein and any prior
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negotiations are merged into this Agreement.
8.11 Attorneys' Fees. If any Party to this Agreement brings
any action(s) or proceeding(s) to enforce, protect or establish
any right or remedy or collect any amount due under this
Agreement, the prevailing Party shall be entitled to recover
reasonable attorneys' fees and costs of such proceeding (s) or
action(s).
8.12 Nature of Contract. Nothing contained herein or in the
relationship of Lawrence and La Porte shall be deemed to
constitute a partnership, joint venture or other similar
relationship relative to the ownership and operation of the
Restricted Property, Little Cedar Bayou Park, or Sylvan Beach
Park, it being intended by the Parties that no such relationship
exists.
IN WITNESS WHEREOF, Lawrence and La Porte have executed one
or more counterparts of this Agreement on the date first written
hereinabove.
CHARLES BERDON LAWRENCE
ATTEST:
CITY OF LA PORTE
By:
Cherie Black,
City Secretary
By:
Norman L. Malone, Mayor
APPROVED this the ;?~~
day of October, ~
By: (jj;; v). .
Knox W. Askins,
City Attorney
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6/HFC/BL008-001
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DECLARATION OF COVENANTS AND RESTRICTIONS
This Declaration of Covenants and Restrictions (this
"Declaration") is made as of the &-rJ.day of October, 1987, by the
CITY OF LA PORTE ("La Porte"), a municipal corporation, of Harris
County, Texas and CHARLES BERDON LAWRENCE ("Lawrence"), a
resident of La Porte, Harris County, Texas.
RECITALS
LaPorte is the owner of the fee simple ti tle to the
Restricted Property (hereinbelow defined). Lawrence is the owner
of a leasehold estate the Leased Property (hereinbelow defined)
pursuant to the Lease (hereinbelow defined) and is the owner of
the fee simple title to the Adjacent Property (hereinbelow
defined). The Leased Property and the Restricted Property abut
and share a common boundary line wi th the Adjacent Property.
Further, the Restr icted Property is situated at the mouth of
Little Cedar Bayou at its point of intersection with Galveston
Bay.
LaPorte and Lawrence, desiring to maintain the natural
beauty of the coastline and the serenity of the natural state of
existence of the Restricted Property, and for and in
consideration of the payment of good and valuable considerations
to La Por te, the receipt and sufficiency of which is hereby
acknowledged and confessed, have executed this Declaration for
the purpose of imposing certain covenants and restrictions on the
use of the _Restricted Property.
DECLARATION
ARTICLE I
DEFINITIONS
The following words and terms when used in this
Declaration (unless the context shall otherwise prohibit) shall
have the following meanings:
1.01 "Restricted Property"--that certain tract of land
situated at the mouth of Little Cedar Bayou, in the City of La
Porte, Harris County, Texas, and being more particularly
described by metes and bounds in Exhibit "A" attached hereto, as
said tract may increase or decrease in size due to accretion,
erosion, avulsion, or similar act of nature, and all rights,
titles and benefits accruing or appurtenant to the ownership of
such land.
EXHIBIT "A"
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1.02 "Adjacent Property"--that certain tract of land in the
City of La Porte, Harris County, Texas, and being more
particularly described by metes and bounds in Exhibit "B"
attached hereto.
1.03 "Leased Property"--that certain tract of land in the
City of La Porte, Harris County, Texas, being more particularly
described in Exhibit "C" attached hereto.
1.04 "Lease"--that certain Lease Agreement dated as of
January 1, 1985 by and between La Porte and Lawrence covering the
Leased Property for a term of forty (40) years ending
December 31, 2024.
1.05 "Benefitted Owner(s)"--(a) singly, any of, and (b)
collectively, all of the record owners of the fee simple title to
any portion of the Adjacent Property.
1.06 "Improvement" or "Improvements"--all structures or
other improvements of any kind whatsoever, whether above or below
grade, including, but not limited to, buildings, utility
installations, equipment, storage, loading and parking
facili ties, sidewalks and walkways, piers, dr i veways,
landscaping, statuary, lakes, ponds and pools, walls, fountains,
benches, signs, site lighting, site grading and earth movement
and any addi tions, changes or alterations thereto and replace-
ments thereof.
1.07 "Natural State"--with respect to any land so described,
the natural state of existence of such land, as of the date
hereof, with no changes, Improvement, or Improvements made to the
natural landscaping existing on such land except for such service
and pruning of trees and other foliage as may reasonably be
required to preserve existing nature trails or to preserve or
allow the use and servicing of currently existing easements
across or under such land.
1.08 "Nature Trail"--a path or route for pedestrian traffic
only having a base composed solely of natural vegetation, pine
needles, and/or bark mulch which is no wider than three (3) feet
at any point.
ARTICLE II
ESTABLISHMENT; PURPOSE; ENFORCEMENT
2.01 Establishment of Covenants and Restrictions. La Porte
hereby imposes the following restriction on the Restricted
Property:
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The Restricted Property shall remain in its Natural
State during the term of this Declaration and no use of
the Restricted Property shall be permitted which, in any
way, alters the Natural State thereof other than Nature
Trails. Wi thout limiting the generali ty of the
foregoing, no motorized or wheeled vehicles of any kind
shall be permitted on the Restricted Property.
The Restricted Property shall be held, sold, transferred,
conveyed, and occupied subject to the covenants and restrictions
created and set forth in this Declaration.
2.02 Enforcement. The covenants and restrictions created in
this Declaration shall be covenants running with the title to the
Restricted Property and be binding upon and enforceable against
each purchaser, grantee, owner, or lessee of all or any portion
of the Restricted Property and the respective heirs, executors,
administrators, designees, successors, and assigns of any such
purchaser, grantee, owner, or lessee. The covenants and
restrictions created in this Declaration shall inure to the
benefit of each Benefitted Owner; any Benefitted Owner shall have
the right, but not the obligation, to enforce the covenants and
restrictions created in this Declaration; and the benefit of and
right to enforce such covenants and restrictions shall run with
the title to the Adjacent Property.
A breach of any of the covenants and restr ictions of
this Declaration shall give to any party entitled to enforce such
covenants and restrictions the right to bring a proceeding at law
or in equity against the party or parties breaching or attempting
to breach ~uch covenants or restrictions and to enjoin such party
or parties from so doing, or to cause such breach to be remedied,
or to recover damages resulting from such breach.
In any legal or equitable proceeding or proceedings for
the enforcement of the covenants and restr ictions contained in
this Declaration or to restrain a breach thereof, the party or
parties against whom judgment is entered shall pay the attorneys'
fees and costs of the party or parties for whom judgment is
entered in such amount as may be fixed by the Court in such
proceeding or proceedings.
All remedies provided under this Declaration, including
those at law or in equity, shall be cumulative and not exclusive.
The failure of a party having aright to enforce the
covenants and restrictions contained in this Declaration to so do
shall not be deemed a waiver of the right of any other party
having such right, nor a waiver to do so for a subsequent breach,
of the right to enforce any other provision of this
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Declaration. No party having the right to enforce the covenants
and restrictions contained in this Declaration shall be liable
for failure to do so.
ARTICLE III
MISCELLANEOUS
3.01 Term. Unless sooner terminated pursuant to Section
3.02 hereof:-this Declaration shall be in force and effect for a
term commencing on the effective date of this Declaration and
ending on the 31st day of December, 2024 (i.e., concurrent with
the expiration of the term of the Lease). This Declaration may
be amended or terminated only as provided in Section 3.02.
3.02 Amendment; Termination. This Declaration may be
amended from time to time, or terminated, only by an instrument
in writing executed by all of the Benefitted Owners, acting
unanimously. All amendments and any termination pursuant to this
Section 3.02 shall become effective when recorded in the Official
Public Records of Real Property of Harris County, Texas.
3.03 Severabili ty. If any of the covenants, restr ictions,
or other terms of this Declaration shall be found void or
unenforceable for whatever reason by any court, of law or of
equity, then every other covenant, restriction, and term herein
set forth shall remain valid and binding, and the Benefitted
Owners to the fullest extent possible shall modify such failed
covenant, restriction, or term to the extent required in order to
carry out the general purposes of this Declaration and to impart
validity to such covenant, restriction, or term.
3.04 Captions; Singular, Plural and Gender. The Article and
Section headings herein are intended for convenience only and
shall not be construed with any substantive effect in this
Declaration. Words used herein shall be deemed to include
singular and plural, and any gender as the context requires.
3.05 Incorporation of Exhibits. Each of the Exhibits
attached to and referred to in this Declaration is hereby
incorporated into this Declaration by this reference, and is
hereby made a part of this Declaration for all intents and
purposes.
IN WITNESS WHEREOF, La Porte and Lawrence have has
caused the Declaration to be executed as of the date and year
first above written.
ATTEST:
CITY OF LA PORTE
By:
Cherie Black,
City Secretary
By:
Norman L. Malone, Mayor
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APPROVED~ the ~y
of ~ ' 1987
By: vJ.~
Knox W. Askins,
City Attorney
CHARLES BERDON LAWRENCE
THE STATE OF TEXAS S
COUNTY OF HARRIS S
This instrument was acknowledged before me on
1987, by NORMAN L. MALONE, MAYOR of the CITY OF LA PORTE, a
municipal corporation, on behalf of said corporation.
NOTARY PUBLIC, STATE OF TEXAS
My commission expires:
{Print Name}
THE STATE OF TEXAS S
COUNTY OF HARRIS S
This instrument was acknowledged before me on
1987, by CHARLES BERDON LAWRENCE.
NOTARY PUBLIC - STATE OF TEXAS
My commission expires:
Print Name
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EXHIBIT A
J
Being a proposed 0.7184 acre (31,292 sq. ft.) tract
comprising part of a 9.4925 acre tract designated "Tract 2"
according to deed filed under Harris County Clerk's Film Code
Ntmber 183-17-2544 et. seq., and being part of Lots 22 and 23, W.
B. Lowrance Subdivision, Johnson Hunter Survey, A-35, La Porte,
Harris County, Texas; plat of said subdivision recorded in Volume
85, Page 596, Harris County Deed Records. The 0.7184 acre
tract is more particularly described by metes and bounds as
follows:
Beginning at a 5/8 inch iron rod found for the Northwest
corner of a 0.9591 acre tract, being part of Lot 23, W. B.
Lowrance Subdivision as surveyed by H. Carlos Smith, Engineers &
Surveyors, Inc., on March 2 through 4, 198:3; said point being
coincident with the Northeast corner of the Vista Baywood
Apartment tract of land that was conveyed by Frank Bonner to
George B. Rush and Ornera Properties, Inc., on December 10, 1971,
according to the deed of record filed under Harris County Clerk's
File Number D-480689.
Thence, North 3 degrees 03 minutes 57 seconds West; being a
straight projection of the West boundary line of the
aforementioned 0.9591 acre tract and East boundary line of Vista
Baywood tract; passing at 100.00 feet. a fl/8 inch iron rod found
on line; for a total distance of 181.05 feet to a point for
corner on the Sout~ shoreline of Little Cedar Bayou.
Thence, in Scmtheasterly direction; following the South
shoreline of Little Cedar Bayou and coincident with the 1.0 feet
contour line (based on 1978, U.S.G.S. dat~!)
~outh 70 degrees 40 minutes 56 seconds Ea~t a distance
of 78.65 feet to a point for corner;
South 45 degrees 27 minutes 35 seconds East a distance
of 82.75 feet to a point for corner;
South 58 degrees 54 minutes 32 seconds East a distance
of 61.51 feet to a point for corner;
South 60 degrees 20 minutes 43 seconds East a distance
of 69.36 feet to a point for corner;
Sout~ 38 degrees 05 minutes 16 seconds East a distance
of 107.26 feet to a point for corner;
Thence, North 79 degrees 55 minutes 34 seconds West;
coincident with the North boundary line of the aforementioned
O.9f,91 acre tract; a distance of 12.64 feet. t,o t.ht~ S()l,1theast
C0rner of that certain 0.0508 acre tract lea~ed t~ Hollywood
r'=~,rine from Ci ty of La Porte a~ reco}'d~d un~.::r H. C. C. F. NO:I.
..1900603.
Thence, North 4 9 d~grees 3G Jl"linl.ltes 04 ~€;:coTld~ Wc.st;
cc.incident wi th the north boufJd':'1ry I in~ of 0.0508 aCl"f: lease
tract and the North edge of a tirrlt..:r bull:head; a di stance of 7.63
feet to a point for corner.
Page 1 of a 2 Page Exhibit A
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Thence. North 47 degrees ~7 minutes 54 seconds W~st;
coincident with t,he North boundary line of the 0.0508 acre lease
tr~ct at the North edge of a ti~bcr bulkhead; passing at 31.94
feet the end of bulkhead; for a t0tal distance of 80.74 feet to a
point for corner.
Thence. Sout.h 33 degrees W~st; coincident with the West
boundary line of tIle 0.0508 acre lease tract; a distance of 51.02
feet to a point f~r corner.
Thence. North 79 degrees 55 minutes 34 sec0nds West;
coincident with the North boundary line of the 0.9591 acre trJEsct;
a distance of 200.02 feet to the POINT OF BEGINNING.
Page 2 of a 2 Page Exhibit A
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EXHIBIT B
Being a 0.9591 acre ~ract ( calle~ 0.9603 acres) out of Lot 23. W. !. Lowrance
Subdivision at.3 a 0.1895 acre tract ( cal1e~ 0.1883 acres ) out of Lot 23. W. !.
Lowrance Subdivision. subject ~o tidal flow; being the same two tracts of land refered
~o as Exhibit "A.' and Exhibit "B". respectively. in ~he deed from Stanley D. Sherwood
~o James M. Sims as recorded under Harris County Clerk's Film Code 008-82-102~.
The 0.9591 acre tract of land is more particularly described by metes and bounds
as follO\Js;
Beginning at a 5/8 inch iron rod found for the Northwest corner of this
0.9591 acre tract of land; said corner is also the Northwest corner of that certain
2.358 acre tract of land conveyed to Stanley D. Sherwood. Trustee by the Estate of
Frank Bonner BO\Jard ( Deceased ).
Thence. S 76- SI' 37" E; coinciaent vith tbe South boundary line of that
certain 9.4925 acre tract of land conveyed to Yatson's Bay. Inc. by Y. S. Crawford
Jr. according to tbe deed recorded in Volume 6959. Page 568 of tbe Harris County
Deed Records; passing at 220.00 feet a 5/8 incb iron rod found for reference corner;
for a total distance of 292.38 feet to a point for corner in tbe present shoreline
of Calveston Bay.
Thence; coincident vith tbe meanders of the Westerly shoreline of Galveston
'Bay as fol1O\Js;
S 38- 56' 46'~ E a distance of IIt.83 feet to a point for corner;
S 11- 40' 00" Y a distance of 33.31t feet to a point for corner;
.
S 15- 35' 43" W a distance of 60.24 feet to a point for corner;
S 25- 53' 36" 'W a distance of 45.34 feet to a point for the Southeast corner of
tbis tract.
Thence. N 76- 51' 37" W; coincident 'With,the North boundary line of that certain
tract of land conveyed by Stanley D. Sherwood to William C. Staner as per the instrument
recorded under Harris County Clerk's File No.. G821480; passing at 15.00 feet a 5/8
inch iron rod set for reference corner; for a total distance of 258.06 feet to a
1/2 inch iron rod found for the Southwest corner of ~his tract.
Thence. Nortb; coincident vitb the East boundary line of that certain 10.00 acre
tract of land as conveyed by Frank Bonner Howard to Ceorge B.Rush and O'Meara
Properties. Inc. according to the instrument recorded under Harris County Clerk's
Film Code No. 137-37-0027; a ~istance of 150.80 feet to the,POINT OF !EGlh~ING.
Page : of a 2 Page Exhibit B
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The 0.1895 acre tract subject to the ebb and flow of the tide is more
. .
~articularly described by metes and bounds as follows;
Commencing at the 5/8 inch iron rod found for the Northwest corner of the
0.9591 acre tract.
Thence. S 76- 51' 37" E; coincident with the North boundary line of the
0.9591 acre tract previously described; a distance of 292.38 feet to the POINT
OF ~ECINNING.
Thence. S 76- 51' 37" E a distance of 75.83 feet to a point for corner.
Thence. S 21- 12' 04" II a distance of 148.32 feet to a point for corner.
Thence. N 76- 51' 37" Wi coihcident with the North boundary line of that
certain 0.2135 acre tract described as Exhibit ..~" in the deed from Stanley D.
Sherwood to W1l1ia~ C. Staner as recorded under Harris County ~lerk's file
No. 'C821480; a distance of 55.07 feet to a ~oint for corner.
Thence; coincident ~ith the meanders of the present ~esteT'Y
Calveston !ay as follows;
N 25- 53' 36" E a distance of
N 15- 35' '3" E a distance of
N 11- '0' 00" E a distance of
~38- 56' '6" W a distance of
shOrE: 11 nc of
45.34
60.24
33.34
11..83
feet to a point for corner.
feet to a point for corner.
feet to . point for corner.
feet to the POINT OF !EGINNING.
Page 2 of a 2 Page Exhibit B
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EXHIBIT C
Being a 0.0508 acre (2,214.85 sq. ft.) lease tract comprising part of a
9.4925 acre tract designated "Tract 2" according to deed fUed under Harris
County Clerk's Film Code Number 183-17-2544 et seq., and being part of Lots
22 and 23, W. B. Lowrance Subdivision, Johnson Hunter Survey, A-35, Harris
County, Texas; plat of said subdivision recorded in Volume 85, Page 596, Barris
County Deed Records. The 0.0508 acre lease tract is more particularly described
by metes and bounds as follows;
Commencing at a 5/8 inch iron rod found for the Northwest corner of a
0.9591 acre tract, being part of Lot 23, W. B. Lowrance Subdivision as surveyed
by B. Carlos Smith, Engineers & Surveyors, Inc., on March 2-4, 1983; said
point being coincident with the Northeast corner of the Vista Baywood Apartment
tract of land that was conveyed by Frank Bonner Boward to George B. Rush and
Omera Properties, Inc., on December 10, 1971, according to the deed of record
filed under Barris County Clerk's File Number D-480689.
Thence, S 7f;f 55' 34" E; coincident with the North boundary line of the
0.9591 acre tract; a distance of 200.02 feet to the Southwest corner of the
0.0508 acre lease tract and the POINT OF BEGINNING.
Thence, N 33" 00' 00" E; a distance of 51.02 feet to a point for corner.
Thence, S 47- 37' 54" E, passing at 48.80 feet the start of the North
edge of a ttmber bulkhead and continuing coincident with aforesaid bulkhead
for a total distance of 80.74 feet to a point for corner on bulkhead.
Thence, S ,go 36' 04" E; coincident with the North edge of the timber
bulkhead; a ~istance of 7.63 feet to a point for corner, on bulkhead.
Thence, N 7Cf 55' 34" W; coincident with the North boundary of aforesaid
0.9591 acre tract and passing at 74.7 feet a 1/2 inch iron rod (Call 5/8 inch)
found for reference corner; for a total distance of 94.7 feet to the POINT
OF BEGINNING.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Requested By:
R. Cox
Department:
CIP
xx
Report
Resolution
Ordinance
Exhibits: Letter from SWA setting out breakdown of reimbursable
expenses
SUMMARY & RECOMMENDATION
SWA is requesting additional funds for expenses related to
rebidding the construction of Little Cedar Bayou Park. These
expenses afe reimbursable up to the total indicated below.
TOTAL REIMBURSABLE EXPENSES
$14,500
2,243
13,000
$29,743
Original estimated expenses
Previously approved addition
Additional expense for re-bid
Action Required by Council: Approve additional funds
Availability of Funds:
X
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number: CIP# 86-S201
Funds Available: -X YES
NO
A
C
a
jrO~7
DATE (
?
. Herrera
nager
the swa group
Kalvin Platt
Thomas Adams
Walt Bemis
William Callaway
Gerry Campbell
Dennis Couture
John E, Cutler
Robert Elliott
Jean Marie Gath
p, Michael Gilbert
Lori Hjort
Roy Imamura
Robert Jacob
Thomas S, James
Edmond Kagi
Gary Karner
Albert R. Lamb III
Richard Law
James Lee
Clifton Lowe
Charles S. McDaniel
Justiniano Mendoza
Christopher L. Miller
Frederick p, Pariani
James Reeves
R. Joseph Runco
Eduardo Santaella
Michael Sardina
Kevin Shanley
Wendy Simon
Richard Thomas
Donald H, Tompkins
Douglas S, Way
John M. Weed
Susan Whitin
John Wong
Sausalito
Laguna Beach
Houston
Dallas
Boston
Florida
1245 West 18th Street
Houston, TX 77008
713-868.1676
e
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~ . (l\\.\ \ i . ~
..... Q..ew ~\ ri:J" \)V
"" 0.... yt
J \ \ \ \ \ \ 'U"l
November 10, 1987
Mr. Robert T. Herrera
City Manager
City of LaPorte
604 W. Fairmont Parkway
La Porte, Texas 77571
Attention: Mr. W. Ross Cox, Project Director
RE: Little Cedar Bayou Park (LAP-654x)
Gentlemen:
This letter will present a detailed breakdown of
reimbursable expenses incurred during the month of
October and estimates for the bidding period of
November and December. In addi tion I have estimated
average monthly expenses for the construction per iod,
January through August, 1988. My letter dated
November 9, 1987 requested additional expenses as
follows:
Rebidding Period
October, November, December $9,000-$10,000.00
Construction Phase
(8 Months @ $350.00)
2,800.00
Total Estimated Expenses
$12,000.00
Itemized below are the actual expenses for the month of
October:
Automobile Travel
GB 1/16, 19, 27
JC 10/12, 13
JC 10/19
12.25
30.00
30.00
72.25
Mr. Robert T. Herre~
November 10, 1987
Page 2
The SWA Group
1245 West 18th Street
Houston, TX 77008
713.868.1676
Reproduction
Telephone Long Distance
Freight
009 Federal Express Corporate
17664 10/14,15
0011 Keep On Trucking Co.
17530 9/30
Miscellaneous
0229 Binkley & Holmes, Inc.
17972 Word Processing
0517 SWA Group
103187 Computer Time
Reproduction
0354 Snaps Reprographics, Inc.
17589 Oct Prints
Total Amount
10% Fee
Total October Reimbursables
e
39.79
20.74
25.75
65.00
90.75
8.80
327.50
336.30
31.42
Itemized below are the estimated expenses for the month
of November:
Automobile Travel
4 Trips @ $15.00
Reproduction
ACTUAL
3 Sets of 6 packages
920 SF @ .07
60.00
64.00
$591.25
59.23
$650.48
Mr. Robert T. Herrera
November 10, 1987 ~
Page 3
ESTIMATED
Package 1:
50 Sets of Plan (29 Sheets)
C 254 SF - 12,700 @ .07
Package 1 (Cont'd):
50 Sets of Specs. (220 Sheets)
11,000 @ .05
Package 2 - Swimming Pool:
40 Sets of Plan (16 Sheets)
@ 140 SF = 5,600 @ .07
40 Sets of Specs (150 Sheets)
6,000 @ .05
Package 3 - Wave Equipment:
30 Sets of Plan (11 Sheets)
@96 SF = 2,888 @ .07
30 Sets of Specs (120)
3,600 @ .05
Package 4 - Building:
40 Sets of Plan (30 Sheets)
@ 262 SF = 10,450 @ .07
40 Sets of Specs (260 Sheets)
10,400 @ .05
Package 5 - Tennis Courts:
25 Sets of Plan (4 Sheets)
@ 35 SF = 875 @ .07
25 Sets of Specs (120 Sheets)
3,000 @ .05
The SWA Group
1245 West 18th Street
Houston, TX 77008
713-868.1676
e
889.00
550.00
392.00
300.00
202.00
180.00
732.00
520.00
62.00
150.00
Mr. Robert T. Herre~
November 10, 1987
Page 4
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Package 6 - Landscape
40 Sets (15 Sheets) 131 SF
5,250 SF @ .07
368.00
40 Sets of Specs (200 Sheets)
8,000 @ .05
400.00
Telephone
Freight
Keep On Trucking
25 Trips @ 11.50
100.00
288.00
Federal Express
10 Trips @ 20.00
200.00
Miscellaneous
Computer Time
Cost Estimate
200.00
Texas Art Supply
30 @ 4.75
142.00
Extra Mailing
Bid Notice
81.00
Total Amount
10% Fee
$5,880.00
588.00
Total November Reimbursable
$6,468.00
Itemized below are the estimated expenses for the month
of December:
Automobile Travel
6 Round Trips @ 15.00
90.00
Reproduction
100 Addendums (20 Sheets)
2,000 @ .05
100.00
Package 1:
10 Plans & Specs @ 30.00
300.00
The SWA Group
1245 West 18th Street
Houston, TX 77008
713-868-1676
e
e
Mr. Robert T. Herrera
November 10, 1987
Page 5
Package 2:
10 Plans & Specs @ 20.00
200.00
Package 3:
5 Plans & Specs @ 15.00
75.00
Package 4:
10 Plans & Specs @ 30.00
300.00
Package 5:
5 Plans & Specs @ 12.00
60.00
Package 6:
10 Plans & Specs @ 20.00
200.00
150.00
Telephone
Freight
Keep on Trucking
50 Trips @ 11.50
575.00
Federal Express
10 Trips @ 20.00
200.00
Miscellaneous
Computer Time - Bid Tabulation
500.00
Total Estimate
10% Fee
$2,750.00
275.00
Total December Estimated Reimbursable
$3,025.00
Itemized below are the estimated monthly expenses
during the period of construction:
Automobile Travel
1.5 trips per week= 6
6 @ $15.00
90.00
The SWA Group
1245 West 18th Street
Houston, TX 77008
713.868-1676
Mr. Robert T. Herrer~
November 10, 1987 ...
Page 6
e
Reproduction
50.00
Telephone
Freight
Keep On Trucking
2 per week x 4=
8 @ $14.00
25.00
112.00
Federal Express
4 per month @ $20.00
80.00
Total Estimate of Monthly Expenses
During Construction Period
10% Fee
Monthly Reimbursable
8 Months @ $392.00
Grand Total
Hopefully, the expenses for the rebidding effort will
be less than these projections. However, in order to
get the number of plans out to the total interested
bidders so we can get the best competitive price the
necessary printing and delivery, if required, needs to
be done. I would be glad to discuss the details of
this outline with you.
Sincerely
~&~
Jo~n ~. Cutler , ~ ~
Pr lnclpal 0 U
JEC/jt
LAP654/L-1I-IO
The SWA Group
1245 West 18th Street
Houston, TX 77008
713-868-1676
$357.00
35.00
392.00
3,136.00
$13,021.00
e
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
11/2~/87
Requested By: R. Cox
Department:
CIP
X Report
Resolution
Ordinance
Exhibits: Agreement with Black & Veatch
Certificates of Insurance
SUMMARY & RECOMMENDATION
In the 1985 bond election, the voters approved the sale of bonds
for the acquisition of land, construction of utilities and employ
of architects to design the facility. A total of $450,000 in bond
funds was allocated for this project. Land has already been
acquired.
City staff has received a proposal from Black & Veatch,
architects, to complete the design for compensation as follows:
Program phase
Schematic design
Design development
Construction documents
Extra services
Reimbursable expenses
$ 4,000
10,860
14,480
28,960
10,098
8,400
$76,798
0.4%
1. 1 %
1.4%
2.9%
1. 1%
~
7.7%
Action Required by Council:
Approval of contract
Availability of Funds:
x
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
CIP 1/86-2202
Funds Available: X- YES
NO
AODroved for City Council Agenda
~
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A M
E
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AlA Document B141
Standard Form of Agreement Between
Owner and Architect
1987 EDITION
THIS DOCWv[ENT HAS IiHPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN A TTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR IHODIFlCA TION.
AGREEMENT
made as of the
Nineteen Hundred and
day of
in the year of
BETWEEN the Owner:
City of La Porte, Texas
Post Office Box 1115
La Porte, Texas 77571
(,Vame and address)
and the Architect:
BLACK & VEATCH
5728 LBJ Freeway, Suite 300
Dallas, Texas 75240
(Same and address)
For the following Project:
(Include detailed description of Project, location, address and scope.)
Fire Training Center
and
Site Design for EMS Facility
and
Site, Drainage, and Utility
Master Plan for 5-Acre Site
The Owner and Architect agree as set forth below.
Copyri~ht 1',)1-, 192(1, 1948, 19';1. 19';,~, 1958, 1961. 196:\, 1966, 196~, 19"70, 1974, 197-, @19R-byTheAmerican Institute
of Architects, I-:\"; :\c\\" York An:nue, :,<, W" Washington, D,C. 20006. Reproduction of the material herein or subst;tntial
quotation of ir~ prm'isions without written permission of the AlA \'iolates the copyright laws of the Cnited States and will be
suhject tll Iq~al prosecution,
AlA DOCUMENT 8141 . O\X':o.;EH'ARCHITECT AGREEME!'<T' FOI'RTEE!'<TH EDITIO:\' AlA! . '01<JH"
TIlE A\IEHICA:\ I:o.;STITl'TE OF ....HCHITECTS, I-~S :o.;E\X' YORK A\"E:o.;I'E, :o.;,W, WASHINGTON, DC. 2IxXJ(,
8141.1987 1
e
e
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 1
ARCHITECT'S RESPONSIBILITIES
1.1 ARCHITECT'S SERVICES
1.1.1 The Architect's services consist of those services per.
formed by the Architect, Architect's employees and Architect's
consultants as enumerated in-Articles 2 and 3 ofthis Agreement
and any other services included in Article 12, .' ,
1.1.2 The Architect's services shall be performed as expedi.
tiously as is consistent with professional skill and care and the
orderly progress of the Work, Upon request of the Owner, the
Architect shall submit for the Owner's approval a schedule for
the performance of the Architect's services which may be
adjusted as the Project proceeds, and shall include allowances
for periods of time required for the O"'11er's review and for
approval of submissions by authorities having jurisdiction over
the Project. Time limits established by this schedule approved
by the Owner shall not, except for reasonable cause. be exceeded
by the Architect or Owner.
1.1.3 The services covered by this Agreement are subject to
the time limitations contained in Subparagraph II. 5 ,1.
ARTICLE 2
SCOPE OF ARCHITECT'S BASIC SERVICES
2.1 DEFINITION
2.1.1 The Architect's Basic Services consist of those described
in Paragraphs 2.2 through 2,6 and any other services identified
in Article 12 as part of Basic Services, and include normal struc.
tural. mechanical and electrical engineering services,
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Architect shall review the program furnished by the
Owner to ascertain the requirements of the Project and shall
arrive at a mutual understanding of such requirements with the
Owner.
2.2.2 The Architect shall provide a prellminary evaluation of
the Owner's program, schedule and construction budget
requirements. each in terms of the other, subject to the limita.
tions set forth in Subparagraph 5,2,1.
2.2.3 The Architect shall review with the Owner alternative
approaches to design and construction of the Project.
2.2.4 Based on the mutually agreed-upon program, schedule
and construction budget requirements. the Architect shall
prepare, for approval by the Owner, Schematic Design Docu.
ments consisting of drawings and other documents illustrating
the scale and relationship of Project components,
2.2.5 The Architect shall submit to the Owner a preliminary
estimate of Construction COSt based on current area, volume or
other unit costs,
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on the approved SchematiC Design Documents
and any adjustments authorized by the Owner in the program,
schedule or construction budget. the Architect shall prepare,
for approval by the Owner. Design Development Documents
consisting of drawings and other documents to fix and describe
the size and character of the Project as to architectural. struc-
tural. mechanical and electrical systems, materials and such
other elements as may be appropriate,
2.3.2 The Architect shall advise the Owner of am' adjustments
-to the preliminary 'estimate of Construction Cost.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development Docu-
ments and any further adjustments in the scope or quality of
the Project or in the construction budget authorized by the
Owner, the Architect shall prepare. for approval by the Owner,
Construction Documents consisting of Drawings and Specifica.
tions setting forth in detail the requirements for the construc-
tion of the Project.
2.4.2 The Architect shall assist the Owner in the preparation of
the necessary bidding information, bidding forms. the Condi-
tions of the Contract, and the form of Agreement between the
Owner and Contractor.
2.4.3 The Architect shall advise the Owner of any adjustments
to previous preliminary estimates of Construction Cost indi.
cated by changes in requirements or general market conditions,
2.4.4 The Architect shall assist the Owner in connection wit!"!
the Owner's responsibility for filing documents required for
the approval of governmental authorities having jurisdiction
over the Project.
2.5 BIDDING OR NEGOTIATION PHASE
2.5.1 The Architect, following the Owner's approval of the
Construction Documents and of the latest preliminary estimate
of Construction Cost, shall assist the Owner in obtaining bids
or negotiated proposals and assist in awarding and preparing
contracts for construction.
2.6 CONSTRUCTION PHASE-ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
2.6.1 The Architect's responsibility to provide Basic Services
for the Construction Phase under this Agreement commences
with the award of the Contract for Construction and terminates
at the earlier of the issuance to the Owner of the final Certificate
for Payment or 60 days after the date of Substantial Completion
of the Work, unless extended under the terms of Subparagraph
10,3,3,
2.6.2 The Architect shall provide administration of the Con.
tract for Construction as set forth below and in the edition of
AlA Document A20 I, General Conditions of the Contract for
Construction, current as of the date of this Agreement, unless
otherwise provided in this Agreement,
2.6.3 Duties, responsibilities and limitations of authority of the
Architect shall not be restricted, modified or extended without
written agreement of the Owner and Architect. wtmc~~X)t
riU!:X@tK~X~'~K:H~X~~~~n~~~VC
tigHt{ .
AlA DOCUMENT 8141 . o~'ro;ER.ARCHITECT AGREE~Ero;T' FOt:RTEENTH EDITION' AlA'" . @19!f'
THE.A~lERICA:-; INSTlTL'TE OF ARCHITECTS, 17:15 NEW "::JRK AVENUE, N~'.. WASHINGTON, D.C, 20006
B141.1987 2
e
2.6.4 The Architect shall be a representative of and shall ad\'ise
and consult with the Owner (I) during construction until final
payment to the Contractor is due, and (2) as an Additional Ser.
vice at the Owner's direction from time to time Juring the cor-
rection period described in the Contract for Construction, The
Architect shall have authonty to act on behalf of the Owner
only to the extent provided in this Agreement unless otherwise
modified by written instrument,
2.6.5 The Architect shall visit the site at intervals appropriate
to the stage of construction or as otherwise agreed by the
Owner and Architect in writing to become generally familiar
with the progress and quality of the, Work completed and to
determine in general if the Work is being performed in a man-
ner indicating that the Work when completed will be in accor-
dance with the Contract Documents, However, the Architect
shall not be required to make exhaustive or continuous on-site
inspections to check the quality or quantity of the Work, On
the basis of on.site observations as an architect, the Architect
shall keep the Owner informed of the progress and quality of
the Work, and shall endeavor to guard the Owner against
defects and deficiencies in the Work, (More extensil'e site
representatioll may be a~reed to as an Additional Ser!'ice, as
described in Paragraph 3,].)
2.6.6 The Architect shall not have control over or charge of
and shall not be responsible for construction means, methods,
techniques, sequences or procedures, or for safety precautions
and programs in connection with the Work, since these are
solely the Contractor's responsibility under the Contract for
Construction, The Architect shall not be responsible for the
Contractor's schedules or failure to carry out the Work in accor-
dance with the Contract Documents, The Architect shall not
have control o\'er or charge of acts or omissions of the Contrac-
tor, SubcontractOrs, or their agents or employees, or of any
other persons performing portions of the \,\'ork,
2.6.7 The Architect shall at all times have access to the Work
wherever it is in preparation or progress,
2.6.8 Except as may otherwise be provided in the Contract
Documents or when direct communications have been spe-
cially authorized, the Owner and Contractor shall communicate
through the Architect. Communications by and with the Archi-
tect's consultants shall be through the Architect.
2.6.9 Based on the Architect's observations and evaluations of
the Contractor's Applications for Payment, the Architect shall
review and certify the amounts due the Contractor.
2.6.10 The Architect's certification for payment shall consti-
tute a representation to the Owner, based on the Architect's
observations at the site as pro\'ided in Subparagraph 2,6,) and
on the data comprising the Contractor's Application for Pay-
ment, that the \X'ork has progressed to the point indicated and
that, to the best of the Architect's knowledge, information and
belief, qualit\' of the \X'ark is in accordance with the Contract
Documents, The foregoing representations are subject to an
.evaluation of the Work for conformance with the Contract
Documents upon Substantial Completion, to results of subse-
quent tests and inspections, to minor deviations from the Con-
tract Documents correctable prior to completion and to spe.
cilk qualifications expressed by the Architect. The issuance of a
Certificate for Payment shall further constitute a representation
that the Contractor is entitled to payment in the anlount certi-
fied, However, the issuance of a Certit1cate for P;lyment shall
not be a representation that the Architect has (I) maJe exhaus-
tive or continuous on.site inspections to check the quality or
e
quantity of the \X'ork, (2) reviewed construction means, meth-
ods, techniques, sequences or procedures, (:I) revleweJ copies
of requisitions received from Subcontractors and material sup-
pliers and other data requested by the Ovmer to substantiate
the Contractor's right to payment or (4) ascertained how or for
what purpose the Contractor has used mOr:ley previously paiJ
on Jccount of the Contract Sum,
2.6.11 The Architect shall have authority to reject Work which
does not conform to the Contract Documents, \X'hene\'er the
Ar:::hitect considers it necessary or advisable for implementa-
tion of the intent of the Contract Documents, the Architect will
have authority to require additional inspection or testinR of the
Work in accordance with the provisions of the Contract Docu-
ments, whether or not such Work is fabricated, installed or
completed, However, neither this authority of the Architect nor
a deCision made in good faith either to exercise or not to exer-
cise such authority shall give rise to a duty or responsibility of
the Architect to the ContractOr, Subcontractors, material anJ
equipment suppliers, their agents or employees or other per-
sons performing portions of the Work,
2.6.12 The Architect shall review and approve or take other
appropriate action upon Contractor's submittals such as Shop
Drawings, Product Data and Samples, but only for the limited
purpose of checking for conformance with information given
and the design concept expressed in the Contract Documents,
The Architect's action shall be taken with such reasonahle
promptness as to cause no delay in the Work or in the con-
struction of the Owner or of separate contractors, while allow-
ing sufficient time i>>xkQ{JOd:lK/IOCx~~H~~~ to
permit adequate review, Review of such submittals is not con.
ducted for the purpose of determining the accuracr and com.
pleteness of other details such as dimensions and quantities or
for substantiating instnlctions for installation or performance of
equipment or systems designed by the Contractor, all of which
remain the responsibilitr of the Contractor to the extent
required by the Contract Documents, The Architect's re\'iew
shall not constitute approval of safety precautions or, unless
otherwise specifically stated by the Architect, of construction
means, methods, techniques, sequences or procedures, The
Architect's approval of a specitlc item shall not indicatc
approval of an assembly of which the item is a component,
When professional certification of performance characteristics
of materials, systems or equipment is required by the Contract
Documents, the Architect shall be entitled to rely upon such
certifi('ation to establish that the materials, systems or equip-
ment will meet the performance criteria required by the Con.
tract Documents,
2.6.13 The Architect shaIJ prepare Change Orders and Con-
struction Change Directives, with supporting documentation
and data if deemed necessary by the Architect as provided in
Subparagraphs 3,1.\ and 3,3,3, for the Owner's approval and
execution in accordance with the Contract Documents, and
may authorize minor changes in the Work not involving an
adjustment in the Contract Sum or an extension of the Contract
Time which are RCX\l4lRCOnsistent with the intent of the Contract
Documents,
2.6.14 The Architect shall conduct inspections to determine
the date or dates of Substantial Completion and the d:lte of final
completion, shall receive and forward [0 the Owner for the
Owner's review anJ records written warranties and related
documents required by the Contract Documents and assem.
bled hy the ContraCtor, and shall issue a final Certificate for PJV-
ment upon compliance with the requirements of the Cllntract
Documents,
3 8141-1987
AlA DOCUMENT 8141 . OWNER-ARCHITECT AGREEMENT' FOURTEENTH EDITION' AlA'" . !91"'H"
THE A~IERICAN I:"STlTL:TE OF ARCHITECT~, 1 i3S NEW YORK AVENUE, N,W" WASHINGTON, D,C. 20(W16
e
3.4.4 Pro\'iding special surveys, environmental studies and
suhmissions required for apprO\'als of governmental authorllies
or others having jurisdiction over the Project.
3.4.5 Providing services relative to future facilities, systems
and equipment,
3.4.6 Providing services to im'estigate existing conditions or
f:lCilities or to make measured drawings thereof.
3.4.7 Providing services to \'erify the accuracy of drawings or
other information furnished hy the Owner,
3.4.8 Providing coordination of construction performed hy
separate contractors or hy the Owner's own forces and coordi-
nation of set"\"ices required in connection with construction
performed and equipment supplied by the Owner.
3.4.9 Providing services in connection with the work of a con-
struction manager or separate consultants retained by the
Owner,
3.4.10 Providing detailed estimates of Construction Cost.
3.4.11 Providing detailed quantity surveys or inventories of
material. equipment and lahor.
3.4.12 Providing analyses of owning and operating costs,
3.4.13 Providing interior design and other similar services
required for or in connection with the selection. procurement
or installation of furniture: furnishings and related equipment.
3.4.14 Providing services for planning tenant or rental spaces,
3.4.15 Making investigations. inventories of materials or equip-
ment, or valu:uions and detailed appraisals of existing facilities,
t.J4~XRtAeJmKfA~~~~Wt~~~~KX
~~igNWExlx ~~}{PCXOOclC~~~'O\)K9{~~
bo6l!llXIlIlXXJAHQeIi~~KXoImJdrligKXlXKalm~~
~KxXXxmxo(~C!:XxXlXmcx
3.4.17 Providing assistance in the utilization of equipment or
systems such as testing, adjusting and balancing, preparation of
operation and maintenance manuals, training personnel for
operation and maintenance, and consultation during operation,
3.4.18 Providing services after issuance to the Owner of the
final Certificate for Payment, or in the absence of a final Cer-
tificate for Payment, more than 60 days after the date of Sub-
stantial Completion of the Work,
3.4.19 Providing services of consultants for other than archi-
tectural, structural, mechanical and electrical engineering por-
tions of the Project provided as a part of Basic Services,
3.4.20 Providing any other services not otherwise included in
this Agreement or not customarily furnished in accordance
with generally accepted architectural practice,
ARTICLE 4
OWNER'S RESPONSIBILITIES
4.1 The Owner shall provide full information regarding
requirements for the Project, including a program which shall
set forth the Owner's objectives. schedule, constraints and cri-
teria, including space requirements and relationships, flexi-
bility, expandability, special equipment, systems and site
requirements,
e
4.2 The Owner shall estahlish and update an overall hudget tllr
the Project. including the Construction Cost, the Owner's other
costs and reasonahle contingencies related to all of these costs.
4.3 If requested hy the Architect, the Owner shall furnish evi-
dence that financial arrangements have been made to fu1t1l1the
Owner's ohligations under this Agreement,
4.4 The Owner shall designate a representative authorized to
act on the Owner's behalf with respect to the Project. The
Owner or such authorized representative shall render decisions
in a timely manner pertaining to documents submitted by the
Architect in order to avoid unreasonable delay in the orderly
and sequential progress of the Architect"s services,
4.5 The Owner shall furnish surveys describing physical
characteristics. legal limitations and utility locations for the site
of the Project, and a written legal description of the site, The
surveys and legal information shall include. as applicable,
grades and lines of streets, alleys. pavements and adjoining
property and structures: adjacent drainage; rights-of-wav,
restrictions, easements, encroachments. zoning. deed restric-
tions. boundaries and contours of the site; locations. dimen-
sions and necessary data pertaining to existing buildings, other
improvements and trees; and information concerning available
utility services and lines, both public and private, above and
below grade, including invertS and depths, All the information
on the survey shall be referenced to a project benchmark,
4.6 The Owner shall furnish the services of geotechnical engi-
neers when such services are requested by the Architect. Such
services may include but are not limited to test borings. test
pits. determinations of soil bearing values, percol:ltion tests,
evaluations of hazardous materials, ground corrosion :U1J resis-
tivity tests, including necessary operations for Jlllicipating suh-
soil conditions. with reports and appropriJte profeSSional
recommendations,
4.6.1 The Owner shall furnish the services of other consul.
tants when such services are reasonably required hy the scope
of the Project and are requested by the Architect.
4.7 The Owner shall furnish structural. mechanical, chemical.
air and water pollution tests, tests for hazardous materials. and
other laboratory and environmental tests, inspections and
reports required by lav.' or the Contract Documents,
4.8 The Owner shall furnish all legal, accounting and insurance
counseling services as may be necessary at any time for the
Project, including auditing services the Owner may require to
verify the Contractor's Applications for Payment or to ascertain
how or for what purposes the Contractor has used the monev
paid by or on behalf of the Owner, .
4.9 The services. information, surveys and reports required by
Paragraphs <t,S through 4,8 shall be furnished at the Owner's
expense. and the Architect shall be entitled to rely upon the
accuracy and completeness thereof.
4.10 Prompt written notice shall be given by the Owner to the
Architect if the Owner becomes aware of any fault or defect in
the Project or nonconformance with the Contract Documents,
4.11 The proposed language of certificates or certifications
requested of the Architect or Architect's consultants shall be
submitted to the Architect for review and approval at least 14
days prior to execution, The Owner shall not request certifica-
tions that would require knowledge or services bevond the
scope of this Agreement, .
5 B141-1987
AlA DOCUMENT 8141 . OWNER-ARCHITECT AGREEMENT' FOCRTEENTH EDITION' AIA~ . @19tP
THE AMERICAN INSTITUTE OF ARCHITECTS, \"35 NEW YORK AVENUE, N.W.. '1l:'ASHINGTON, D.C, 2()()C)6
e
ARTICLE 5
CONSTRUCTION COST
5.1 DEFINITION
5.1.1 The ConslrllCtion Cost shall he the total cost or esti-
mated cost to the Owner of all elements of the Project desi~ned
or specified hy the Architect.
5.1.2 The Construction Cost shall include the cost at current
market rates of lahor and materials furnished hy the Owner and
equipment desi~ned, specified, selected or specially provided
for hy the Architect. plus a reasonable allowance for (he Con- '
tractor's overhead and profit. In addition, a reasonable ;ilIow-
ance for contingencies shall be included for market conditions
at the time of bidding and for changes in the Work during
construction,
5.1.3 Construction Cost does not include the compensation of
the Architect and Architect's consultants, the costs of the land,
rights-of-way, financing or other costs which are the respon-
sibility of the Owner as provided in Article 4,
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 Evaluations of the Owner's Project budget, preliminary
estimates of Construction Cost and detailed estimates of Con-
struction Cost, if any, prepared by the Architect, represent the
Architect's best judgment 'as a design professional familiar with
the construction industry, It is recognized, however, that nei-
ther the Architect nor the Owner has control over the cost of
labor. materials or equipment, over the Contractor's methods
of determining bid prices, or over competitive bidding, market
or negotiating conditions, Accordingly, the Architect cannot
and does not warrant or represent that bids or negotiated prices
will not vary from the Owner's Project budget or from any
estimate of Construction Cost or evaluation prepared or agreed
to by the Architect.
5.2.2 No fixed limit of Construction Cost shall be established
as a condition of this Agreement by the furnishing, proposal or
establishment of a Project budget. unless such fixed limit has
been agreed upon in writing and signed by the parties hereto, If
such a fixed limit has been established, the Architect shall be
permitted to include contingencies for design, bidding and
price escalation, to determine what materials, equipment, com-
ponent systems and types of construction are to be included in
the Contract Documents, to make reasonable adjustments in
the scope of the Project and to include in the Contract Docu-
ments alternate bids to adjust the Construction Cost to the fixed
limit. Fixed limits. if any. shall be increased in the amount of an
increase in the Contract Sum occurring after execution of the
Contract for Construction,
5.2.3 If the Bidding or Negotiation Phase has not commenced
within 90 davs after the Architect submits the Construction
Documents to the Owner, any Project budget or fixed limit of
Construction Cost shall be adjusted to reflect changes in the
general level of prices in the construction industry between the
date of submission of the Construction Documents to the
Owner and the date on which proposals are sought.
5.2.4 If a fixed limit of Construction Cost (adjusted as pro-
vided in Subparagraph 5,2,3) is exceeded by the lowest bona
fide bid or negotiated proposal, the Owner shall:
.1 give written approval of an increase in such fixed
limit;
.2 authorize rehidding or renegotiating of the Project
within a reasonable time:
e
.3 if the Project is abandoned. terminate in acc\ lrdance
with Paragraph 8,j; or
.4 cooperate in revising the Project scope and qualitv as
required to reduce the Construction Cost.
5.2.5 If the Owner chooses to proceed under Clause 5.2'-+,-+,
the Architect. without additional charge. shall modify the Con-
tract Documents as m;cessary to comply with the fixed limit. if
established as a 'c'onditibn' of this' Agreement: The modification
of Contract Documents shall be the limit of the Architect's
responsibilitv arising out of the establishment of a I1xed limit.
The Architect shall he entitled to compensation in accordance
with this Agreement for all services performed whether or not
the Construction Phase is commenced:
ARTICLE 6
USE OF ARCHITECT'S DRAWINGS,
SPECIFICATIONS AND OTHER DOCUMENTS
6.1 The Drawings, Specifications and other documents pre-
pared by the Architect for this Project are instruments of the
Architect's service for use solely with respect to this Project
and, unless otherwise provided, the Architect shall be deemed
the author of these documents and shall retain all common law,
statutory and other reserved rights, including the copyright.
The Owner shall be permitted to retain 1:alpI~!l:IX.llaB~:mpc1X-
auobhxmpicsulIf the Architect's Drawings, Specifications and
other documents.li!lxiafoonaHamc~~~~
'Xixlxtlbx~~nr,K"flR~~j!:~~ The Archi-
tect's Drawings, Specifications or other documents shall not he
used by the Owner or others on other projects, for additions to
this Project or for completion of this Project by others. unless
the Architect is adjudged to be in default under this Agreement,
except by agreement in writing and with appropriate compen-
sation to the Architect.
6.2 Submission or distribution of documents to meet official
regulatory requirements or for similar purposes in connection
with the Project is not to be construed as publication in deroga-
tion of the Architect's reserved rights,
ARTICLE 7
ARBITRATION
7.1 Claims, disputes or other matters in question between the
parties to this Agreement arising out of or relating to this Agree-
ment or breach thereof shall be subject to and decided by arbi-
tration in accordance with the Construction Industry Arbitra-
tion Rules of the American Arbitration Association currentlv in
effect unless the parties mutually agree otherwise. .
7.2 Demand for arbitration shall be filed in writin~ with the
other party to this Agreement and with the Americ;n Arbitra-
tion Association, A demand for arbitration shall be made within
a reasonable time after the claim, dispute or other matter in
question has arisen, In no event shall the demand for arbitration
be made after the date when institution of legal or equitable
proceedings based on such claim, dispute or other matter in
question would be barred by the appliCable statutes of limitations.
7.3 No arbitration arising out of or relating to this Agreement
shall include. by consolidation, joinder or in any other manner,
an additional person or entity not a party to this Agreement.
AlA DOCUMENT 8141 . OWNER-ARCHITECT AGREEMENT' FOURTEENTH EDITION' AlAs . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N,W" WASHINGTON, D,C, 20006
B141-1987 6
e
except by written consent containing a specific reference to
this Agreement signed by the Owner, Architect. and any other
person or entity sought to be joined, Consent to arbitration
involving an additional person or entity shall not constitute
consent to arbitration of any claim. dispute or other matter in
question not described in the written consent or with a person
or entity not n:uned or described therein, The foregoing agree-
ment to arbitrate and other agreements to arbitrate with an
additional person or entitv duly consented to by the parties to
this Agreement shall be specifically enforceable in accordance
with applicable law in any court having jurisdiction thereof,
7.4 The award rendered by the arbitrator or arbitrators shall be
final. and judgment may be entered upon it in accordance with
applicable law in any court having jurisdiction thereof,
ARTICLE 8
TERMINATION, SUSPENSION OR ABANDONMENT
8.1 This Agreement mav be terminated by either party upon
not less than se\'en days' written notice should the other party
fail substantially to pcrform in accordance with the terms of this
Agreement through no fault of the pany initiating the termination,
8.2 If the Project is suspended by the Owner for more than .30
consecutive days. the Architect shall be compensated for ser-
vices performed prior to notice of such suspension, When the
Project is resumed, the Architect's compensation shall be equi-
tably adjusted to provide for expenses incurred in the interrup-
tion and resumption of the Architect's services,
8.3 This Agreement may be terminated by the Owner upon
not less than seven days' written notice to the Architect in the
event that the Project is permanently abandoned, If the Project
is abandoned by the Owner for more than 90 consecutive days,
the Architcct may terminate this Agreement by giving written
notice,
8.4 Failure of the O\\'ner to make payments to the Architect in
accordance with this Agreement shall be considered substantial
nonperformance and cause for termination,
8.5 If the Owner fails to make payment when due the Archi-
tect for services and expenses. the Architect may. upon seven
days' \\'ritten notice to the Owner. suspend performance of ser-
vices under this Agreement, Unless payment in full is receh'ed
by the Architect within seven days of the date of the notice. the
suspension shall take effcct without further notice, In the event
of a suspension of services. the Architect shall havc no liJbility
to the Owner for delay or dJmage cJused the Owner because
of such suspension of services,
8.6 In the e\'cnt of termination not the fault of the Architect.
the Architect shJII be compensated for services performed prior
to termination, together with Reimbursable Expenses then due
and all Termination Expc:nses as defined in PJragraph H,7,
8.7 Termination Expenses are in addition to compensation for
Ba~ic and Addition:J.1 Services, and include expenses which are
directly attributable (0 termination, Termination Expenses sh:J.1I
be computed :J.S a percentage of the total compensation for
Basic Services and AdditionJI Services e3rned to the time of ter-
mination, as follows:
.1 Twenty percent of the total compensation for Ba~ic
3'ld AdditionJI Sen'ices earned to dJle if termin;Hion
occurs bdor<: or during the predesign, site Jn3lysis. or
St'hem3tic Design Pha~es; or
e
.2 Ten percent of the total compensation for Basic Jnd
Additional Services eJrned to datc if termination
occurs during the Design Development Phase; or
.3 Five percent of the total compensation for Basic Jnd
Additional Services earned to date if termination
occurs during any subsequent phase,
ARTICLE 9
MISCELLANEOUS PROVISIONS
9.1 Unless otherwise provided, this Agreement shall be gov-
erned by the law of the ~EiJll.,aXpbCCXO<fxlm6iac55XcdXcbx
*~X~X State of Texas.
9.2 Terms in this Agreement shall have the s:une meaning as
those in AlA Document A20I. General Conditions of the Con-
tract for Construction, current as of the date of this Agreement,
9.3 Causes of action between the parties to this Agreement
pertaining to acts or failures to act shall be deemed to have
accrued and the applicable statutes of limitations shall com-
mence to run not later than either the date of Substantial Com-
pletion for acts or failures to act occurring prior to Substantial
Completion, or the date of issuance of the final Certificate for
Payment for acts or failures to act occurring after Substantial
Completion,
9.4 The Owner and Architect waive all rights against each
other and against the contractors, consultants, agents and
employees of the other for damages. but only to the extent cov-
ered by property insurance during construction. except such
rights as they may have to the proceeds of such insurance a~ set
forth in the edition of AlA Document A20 1. General Conditions
of the Contract for Construction. current as of the date of this
Agreement, The Owner and Architect each shalt require simil3r
waivers from their contractors, consultants and agents,
9.5 The Owner and Architect, respectively, bind themselves,
their partners. successors. assigns and legal representatives to
the Other party to this Agreement and to the partners. succes-
sors. assigns and legal representatives of such other party with
respect to alt covenants of this Agreement. Neither Owner nor
Architect shall assign this Agreement without the written con-
sent of the other,
9.6 This Agreement represents the entire and integrated agree-
ment between the Owner and Architect and supersedes all
prior negotiations, representations or agrcements. either writ-
ten or oral. This Agreement may be amended only by written
instrument signed by both Owner and Architect.
9.7 Nothing contained in this Agreement shalt create a contrac-
tual relationship with or a cause of action in favor of a third
party against either the Owner or Architect.
9.8 Unless otherwise provided in this Agreement. the Architect
and Architect's consultants shJII have no responsibility for the
discovery, presence. handling, removal or disposal of or expo-
sure of persons to hazardous materials in any form Jt the Project
site. including but not limited to a.o;bestos. asbt.ostos products.
polychlorinated biphenyl (PCB) or othcr toxic subst;U1ces,
9.9 The Architect shall have the right to include representa-
tions of the design of the Project, including photogr3phs (If the
exterior and interior. among the Architect's promotionJI ;md
professional materials, The Architect's materials shall not
include the Owner's confidenti3l or proprietary information if
the Owner h;Ls previously advised the Architect in writin~ of
7 B141-1987
AlA DOCUMENT 8141' O\lC'NER'ARCHITECT AGREEMENT' FOURTEENTH EDITION. AlA'" . (s'19~-
THE AMERICA:'oII:'oISTITLJTE OF ARCHITECTS, I ij5 NE\lC' YORK AVENUE, N,W,. WASHINGTON, D.C. 20<Klh
e
the specific information considered by the Owner to be confi.
dential or proprietary, The Owner shall provide professional
credit for the Architect on the construction sign and in the pro.
motional materials for the Project.
ARTICLE 10
PA YMENTS TO THE ARCHITECT
10.1 DIRECT PERSONNEL EXPENSE
10.1.1 Direct Personnel Expense is defined as the direct
salaries of the Architect's personnel engaged on the Project and
the portion of the cost of their mandatory and customary con-
tributions and benefits related thereto, such as employment
taxes and other statutory employee benefits, insurance, sick
leave, holidays, vacations, pensions and similar contributions
and benefits,
10.2 REIMBURSABLE EXPENSES
10.2.1 Reimbursable Expenses are in addition to compensa-
tion for Basic and Additional Services and include expenses
incurred hy the Architect and Architect's employees and con-
sultants in the interest of the Project. as identified in the follow-
ing Clauses,
10.2.1.1 Expense of transportation in connection with the
Project; expenses in connection with authorized out-of-town
travel; long-distance communications; and fees paid for secur-
ing approval of authorities having jurisdiction over the Project.
10.2.1.2 Expense of reproductions, postage and handling of
Drawings. Specifications and other documents,
10.2.1.3 If authorized in advance by the Owner, expense of
overtime ",,'ork requiring higher than regular rates,
1 0.2.1.4 E;o.:pense of renderings, models and mock-ups requested
by the Owner.
10.2.1.5 Expense of additional insurance coverage or limits,
including professional liabilitv insurance, requested by the
Owner in excess of that normally carried by the ArchiteCT and
Architect's consultants,
10.2.1.6 Expense of computer-aided design and drafting
equipment time when used in connection with the Project.
e
10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
10.3.1 An initial payment as set forth in Paragraph II. 1 is the
minimum payment under this Agreement,
10.3.2 Subsequent payments for Basic Services shall be maue
monthly and, where applicable. shall he' in proportion to ser.
vices performed within each phase of service, on the hasis set
forth in Subparagraph 11.2,2,
10.3.3 If and to the extent that the time initially established in
Subparagraph 11.S,1 of this Agreement L'i exceeded or extended
through no fault of the Architect, compensation for any ser-
vices rendered during The additional period of time shall he
computed in the manner set forth in Subparagraph 11,5,2,
10.3.4 When compensation is based on a percentage of Con.
struction Cost and any portions of the Project are deleted or
otherwise not constructed, compensation for those portions of
the Project shall be payable to the extent services are per-
formed on those portions, in accordance with the schedule set
forth in Subparagraph 11,2,2, based on (I) the lowest hOn:.llide
bid or negotiated proposal. or (2) if no such hid or proposal is
received. the most recent preliminary estimate of Construction
Cost or detailed estimate of Construction Cost for such por-
tions of the Project.
10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL
SERVICES
10.4.1 Payments on account of the Architect's Additional
Services and for Reimbursable Expenses shall be made monthly
upon presentation of the Architect's statement of services ren-
dered or expenses incurred,
10.5 PAYMENTS WITHHELD
10.5.1 No deductions shall be made from the Architect's com-
pensation on account of penalty, liquidated damages or other
sums withheld from payments to contractors. or on account of
the cost of changes in the Work other than those for which the
Architect has been found to be liable,
10.6 ARCHITECT'S ACCOUNTING RECORDS
10.6.1 Records of Reimbursable Expenses and expenses per-
taining to Additional Services and services performed on the
basis of a multiple of Direct Personnel Expense shall be avail-
able to the Owner or the Owner's authorized representative at
mutually convenient times,
ARTICLE 11
BASIS OF COMPENSATION
The Owner shall compensate the Architect as follows:
11.1 AN 1:"iITIAL PA Y~IENT of N / A Dollars (S
shall be made upon execution of this Agreement and credited to the Owner's account at final payment,
11.2 BASIC COMPENSATION
11.2.1 FOR BASIC SERVICES. as described in Article 2, and any other services included in Article 12 as part of Basic Services, B;lSic
Compensation shall he computed as follows:
(Insert ntlSIS uf c:ompensu/in", illc/ueJinR stIpulated sums. multiples or {JC!rCf!,II(1)l.eS, '4"" idf!lltijl' pbases to which particular methuds uf cum/X'Il.,aJiu" apply. I}
'Jeres.wiry'.)
Please see attached "Basis of Compensation".
AlA DOCUMENT 8141 . OWNER,,",RCHITECT AGREEMENT' FOURTEENTH EDITION' AlAs . @1987
THE A~IERICAN INSTln:TE OF ARCHITECTS, I 73S NEW YORK AVENVE, N,W,. WASHINGTON, D,C, 20006
B141-1987 8
e
e
11.2.2 Where compensation is based on a stipul:Hed sum or percenta~e of Construction Cost. progress payments for Ba.<;ic Services
in C"Jch phase shall total the following percentages of the total Basic Compensation payable:
(lnliert additional ph,tlse.'l as u/J/,rfJpriute.) *
Program Phase
Schematic Design Phase:
Design Development Phase:
Construction Documents Pha.<;e:
Bidding or Negotiation Phase:
Construction Phase:
$ 4,000
$10,860
$14,480
$28,960
$ 3,620
$14,480
percent ( %)
percent ( 'Yo)
percent ( %)
percent ( 'Yo)
percent ( 'Yo)
Total Basic Compensation:
~tF 8o~),~rJSi"T6R F~~ iBBltt8~lE~E~tlC'&se.
one hundred percent (I 00 'Yo )
11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3,2, compensation shall be com-
puted as follows:
11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12, other than (I) Additional Project
Representation, as described in Paragraph 3.2, and (2) services included in Article 12 as part of Additional Services. but excluding ser-
vices of consultants, compensation shall be computed as follows:
(II/sert basis of compensation, includi"R riltes and/or multiples of Direct Pers01/tlel E.~lSe for Principals a,1d employees, and identify Pnncipals a"d classify
employees, if required, Identify specific sen'ices 10 u'blcb partIcular metbods of compellSation app~}', if necessary,)
At any time up to the start of the Design Development Phase, the Owner may change the
Construction Budget. Compensation to the Architect shall be adjusted to a stipulated
sum equal to eight percent (8%) of the adjusted Construction Budget.
For Additional Services as described in Article 3 and as requested in writing by the
Owner, the Architect shall be compensated a sum equal to 2.75 times direct salary cost
plus 1.0 times reimbursable expenses. Direct salary cost shall be defined as the
salary actually paid to personnel before the addition of benefit costs or overhead
costs.
11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering
services and those provided under Subparagraph 3.4 ,19 or identified in Article 12 as part of Additional Services, a multiple of
( 1. 0 ) times the amounts billed to the Architect for such services.
(Identify specific types of cU>lsultants in Artide 12, if required,)
11.4 REIMBURSABLE EXPENSES
11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10,2, and any other items included in Article 12 as Reimbursable
Expenses. a multiple of 1 .0 ) times the expenses incurred by the Architect, the Architect's
employees and consultants in the interest of the Project,
11.5 ADDITIONAL PROVISIONS
11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within twenty-four
(24 ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be
compensated as provided in Subparagraphs 10,3,3 and 11.3.2.
11.5.2 Payments are due and payable thirty (30 ) days from the date of the Architect's invoice,
Amounts unpaid () days after the invoice date shall bear interest at the rate entered below, or
in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect.
(In.<ert rate of interest aRreed upon,) N / A
(Usu/)' lau's and requirements under lI)e Federal Trutb in Lending Act, similar state and loml consumer credillall's and (Jlber regulalions allbe Ou'ner 's (md Arcbi-
lecl's prinCIpal places of bllsilless, Ib,' Itx:allOn of Ibe Projecl alld elseu'bere may 'IJf<<1 lbe /'a1.d'l)' of Ibis prol'iSiOll, Specljic legal ad, 'ice should be oblallled u'/lb
respeCl 10 delelitms nr modljicaliOllS, alld also regardinR requiremenls sucb as u.,.,lIen dtsclosures or lI'all'ers.)
9 8141-1987
AlA DOCUMENT B'..' . OWNER.,..RCHITECT AGREEMENT' FOURTEENTH EDITION' AlA- . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, I '.\5 NEW YORK AVENUE, NW" \\'ASHINGTON, D,C, 20006
e
e
11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal satan' re\'icw
practices of the Architect.
ARTICLE 12
OTHER CONDITIONS OR SERVICES
(/1Iserl de!/icrlj'tifJII." uf (Ither stlrl'ices, ,deu/ill' o4"""lio1l,1/ Serf'ices 'ncluded u:i1/)i" Re.stc (.'(}mpellSt4lum alld !IlO'''Jiallio1ls to the paynWlll and l"(Jm(1c."IlSUIIOIlIt.'rms
i"clud(~ ,n lhts A~ref:JnW'I/,)
PROGRAM DEVELOPMENT PHASE:
The Architect shall meet with key staff members to determine the present and
future needs of the Fire Training Center and will provide the Owner with a
draft written Program for review and comment and a final written Program on
which subsequent phases shall be based.
EMS FACILITY SITE DESIGN:
The development of Design and Construction Documents for the drives, sidewalks,
parking areas, site drainage, site restoration, generator design, and landscaping
at the site of the, Emergency Medical Service Facility.
SITE MASTER PLAN:
The development of a Site, Drainage, and Utility Master Plan for the City's,
five-acre site at 23rd Street and "c" Street.
This Agreement entered into as of the day and year first written above,
OWNER
ARCHITECT
(Signature)
(Primed naml! tlnd tit/e)
(Sign{./ture)
Roy W. Peyton, Jr.
Regional Director of Architecture
(Primed nl/me l/nd litle)
AlA DOCUMENT 8141 . O\1(':-OER'ARCliITECT ,~(jREHIE:-IT . fOL'RTEENTH EDITION' AlA'" . @19l!:
THE ....MERICA:-IINSTlTCTE Of ARCHITECTS, I ~,~S NEW YORK AVE:-ot:E, :-ow, WASHINGTON, D,C. 20006
8141-1987 10
.
e
BASIS OF COMPENSATION
The stipulated sum of Seventy-Two Thousand, Four Hundred Dollars ($72.400)
for Basic Services for a Fire Training Center with a total project budget
of One Million Dollars ($1,000,000).
The stipulated sum of Four Thousand Dollars ($4,000) for Program Develop-
ment as described in Article 12.
The stipulated sum of Two Thousand, Nine Hundred and Seventy-Five Dollars
($2,975) for EMS Facility Site Design as described in Article 12 and is an
additional service.
The stipulated sum of Seven Thousand, One Hundred and Twenty-Three Dollars
($7,123) for Master Plan as described in Article 12 and is an additional
service.
Reimbursable expenses are estimated to be $8,400.
Certificate of Insurance
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER, THIS CERTIFICATE IS NOT AN INSURANCE
POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW,
.......
Nome and
address of
Insured.
LIBERTI ~
MUTUAL~
This is to Certify that
.~,,~
TYPE OF POLICY CERT, EXP, DATE POLICY NUMBER LIMITS OF LIABILITY
COVERAGE AFFORDED UNDER W,c. COV, B
lAW OF THE FOLLOWING STATES: BODIL Y INJURY BY ACCIDENT
WORKERS' $ EA. ACCIDENT
:~i~", BODIL Y INJURY BY DISEASE
COMPENSATION
S EA PERSON
BODIL Y INJURY BY DISEASE
S POLICY LIMIT
BODIL Y INJURY PROPERTY DAMAGE ,
o COMPREHENSIVE ,
FORM
o SCHEDULE FORM EACH EACH
$ OCCURRENCE $ OCCURRENCE
PRODUCTS COM-
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w<( INDEPENDENT CON.
<.9:::; o TRACTORS/CONTRAC. BODIL Y INJURY AND PROPERTY DAMAGE
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LIABILITY
0
>- b OWNED 6/30/87 ASl-141-072023-097 $ 1,000,000 EACH ACCIDENT-SINGLE lIMIT.B,1. AND P,D, COMBINED!
Ot:::
1--' XJ NON-OWNED $ EACH PERSON i
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LOCATlON(S) OF OPERATIONS & JOB N (If Applicable) DESCRIPTION OF OPERATIONS: I
BLACK AND VEATCH PROJE CT 1t90071-168
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~lack and Veatch, eta1
Black and Veatch, Inc.
1500 Meadow Lake Parkway
P.O. Box 8405 ~
~~l~~e J6~t;yt"is~Crliticafl,~,~J,ft.d by the Company under the palicy(ies) listed below, *The insurance aHarded by the listed policy(ies) is subject to 011
their terms, exclusions and conditions and is not ahered by any requirement, term or condition of any controct or other document with respect to which this certificate
may be issued,
I
.NOTE: YOu Will NOT be nolifled annually of Ihe conlinuOllon of thiS coverage. You will be nOllfted If Ihl~ coverage IS terminated or reduced.
NOTICE OF CANCELLATION: THE COMPANY WilL NOT TERMINATE OR
REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNLESS
30 DA YS NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN
MAILED TO:
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City of LaPorte, Texas
P.O. Box 1115
LaPorte, TX 77571
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AUTHORIZED REPRESENTATIVE
CERTIFICATE
HOLDER-+
10/30/87
DATE ISSUED
Overland Park, KS
OFFICE
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P. O. Box 13647
Kansas City, Missouri 64199
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1500 Headow Lake Parkway
Kansas City, Missouri 64114
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NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO lVHICH THiS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSUI'lANCE AFFORDED BY THE POLICiES DESCRIBED HEREIN is SUBJECT TO AL.L THE TERM';;, EXCLUSIONS, AND CONDI.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
11/16/87
Requested By: Stan Sherwood
Department:
Parks & Recreation
X Report
Resolution
Ordinance
Exhibits:
See attached report
SUMMARY & RECOMMENDATION
Make presentation on the six month review of Sylvan Beach Convention Center.
Action Required by Council:
None
Availability of Funds:
N/A
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
Funds Available:
YES
NO
Q~ f~ Cie
Robert T. Herrera
City Manager
Agenda
1\ IJtQ J ~\
DATE
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CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
OCTOBER 6, 1987
TO: John Joerns, Assistant City Manager
FROM: stan Sherwood, Parks & Recreation Director
SUBJECT: Sylvan Beach Six (6) Month Report
The Sylvan Beach six (6) month report will address the City's original
objective of restoration of Sylvan Beach Pavilion to its pre Hurricane
Alicia condition and the first five (5) months of operation. In
addition this report will address the ideas and future challenges that
have been suggested as a result of our success story.
Other items addressed in this report are staff's ideas for scheduling
the building, valet parking and making it a multi-used building for
meetings, lectures and seminars.
The last part of the report will deal with problems that have occurred
at Sylvan Beach Convention Center and problems that could occur in the
future.
Page I =
Page II =
Page III =
Page IV =
Page V =
Page VI =
Page VIr =
Appendix A
Cost Breakdown on Restoration
Expenditure and Profit Report
Are We Truly a Convention Center and What It Would Take
To Become One
Building Layout for Meeting Room
Breakdown of Cost for Possible Improvements
Ideas for Marketing Sylvan Beach
Problems and Solutions
SSlms
Attachments
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Page 1 of 7
CONSTRUCTION BUDGET SUMMARY
SYLVAN BEACH PAVILION
ESTIMATED PROJECT COST
$ 356,281.89
FUNDING AS OF 1/7/87
GENERAL FUND CONTINGENCY
TOTAL FUNDING
$ 291,914.00
$ 56,151.06
$ 348,065.06
CONTRACT COST
AL-TEX ROOFING CORPORATION
STANDARD ENVIROm1ENTAL SERVICES
FOLLIS CONSTRUCTION, INC.
ADVANCED INVESTIGATION & SECURITY
MISCELLANEOUS COST
LEVEE GRASSING
MC KEY CO. LEVEE WORK
MOSER ELECTRIC - STAGE LIGHTING
ELECTRONIC UNLIMITED - SOUND SYSTEM
$
$
$
$
$
$
$
$
42,795.00
56,140.21
191,059.66
18.232.50
14,567.01
200.00
2,975.00
850.00
2,915.00
~~OUNT LEFT IN BUDGET
$
18.330.68
Items left to be completed are erosion control of the levee, and changing location
of one,drain.
REVENUES
{
)
......- -
Page 2 of 7
REVENUE & EXPENDITURE REPORT
SYLVAN BEACH CONVENTION CENTER
1986/87 FISCAL YEAR
(May 2, 1987 thru September 30, 1987)
Total Bookings 20
(Monday - 0, Tuesday - 1, Wednesday - 3, Thursday - 2,
Friday - 1, Saturday - 12, Sunday - 1)
Total Rent Collected
$ 15,625.00
$ 2,892.47
$ 337.53
Total Concessions Collected
Total Catering Collected
GRAND TOTAL COLLECTED
$ 18,855.00
EXPENDITURES
Total Paid To Janitorial Company
786.16 x 5 months = $ 3,930.80
Total Paid Electric Company $ 12,593.75
Total Paid On Alc Repairs $ 993.93
GRAND TOTAL SPENT $ 17,518.48
As shown above, Sylvan Beach for the first five (5) months of
operation of the 1986/87 Fiscal Year showed a revenue of $1,336.50.
Appendix "A" will show a breakdown of the last three (3) years
that Sylvan Beach was operated by Harris County Precinct 2 which
shows an average loss of $72,449.77 a year.
I feel that with proper marketing of Sylvan Beach Pavilion within
the next Fiscal Year 1987/88 that it should show an even larger
revenue.
For total breakdown of County Expenditures and Revenues see
Appendix "A".
.
,
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Page 2 of 7
REVENUE & EXPENDITURE REPORT
SYLVAN BEACH CONVENTION CENTER
1986/87 FISCAL YEAR
(May 2, 1987 thru September 30, 1987)
REVENUES
Total Bookings
(Monday - 0, Tuesday - 1, Wednesday - 3, Thursday - 2,
Friday - 1, Saturday - 13, Sunday - 1)
21
Total Rent Collected
$ 13,200.00
$ 2,892.47
Total Concessions Collected
Total Catering Collected
$ 337.53
GRAND TOTAL COLLECTED
$ 16,430.00
EXPENDITURES
Total Paid To Janitorial Company
786.16 x 5 months =
$ 3,930.80
Total Paid Electric Company
$ 12,593.75
Total Paid On A/C Repairs
$
993.93
GRffi~D TOTAL SPENT
$ 17,518.48
As shown above, Sylvan Beach for the first five (5) months of
operation of the 1986/87 Fiscal Year showed a loss of $1,088.48.
Appendix "A" will show a break down of the last three (3) years
that Sylvan Beach was operated by Harris County Precinct 2 which
shows an average loss of $72,449.77 a year.
I feel that with proper marketing of Sylvan Beach Pavilion within
the next Fiscal Year 1987/88 that it should break even.
For total break down of County Expenditures and Revenues see
Appendix "A".
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Page 3 of 7
Is Sylvan Beach Convention Center truly a Convention Center and what would
it take to become one?
The answer to the first part is no. Sylvan Beach Pavilion was designed as
a dance hall, even banquets were not planned because ofrninimum kitchen
facilities that were designed into the structure. '
The second part of the question is a little more difficult to answer. A
small size meeting area could be accomplished at Sylvan Beach at a cost
of approximately FIFTY THOUSAND DOLLARS ($50,000.00).
The next page will give a layout and the following page a break down of
cost. To go any further than the layout shown would entail an architect
to redesign or modify the building.
The following is a survey that the Parks & Recreation Department did of
ten (10) area companies that might use the facility if meeting rooms were
added and a list of two (2) businesses that currently have facilities:
INDUSTRY SURVEY
-r
SIG T~J:: WDUSTRIES Yea No Need
474-8300
Dee. Purchasing Oept.
BROWN' ROOT, INC. Yes Yes posaibly once Coat, Services
920-3036 a year. Use hotel Available, Size
Don Sa ugh noy because of meal
service.
COW CHEMICAL Yes Yes Not sure Cost, Services
479-1541 roor small Use Available
Andy Moser groups Monument
only. Inn/Freeport Plant
ENTEX GAS CO. No Yes Not sure Coat, Size,
471-4333 Use Bayto\oll Services ",vaila
weldon Randall District
Office noy
EXXOtl PIPELINE CO. No Yes 4-8 times a year Cost, Size,
470-4400 Use Pasadena (70-150l Picture
aenny Richardson Convention
Center/Houston Yacht Club
OCCID~NTAL CH~MICAL CORP. Yes No Need
476-2900 Several
T.H. Morrow
PORT Of HOUSTON AUTH. No No Possibly interested Cost, Size,
470-1800 Need but doubtful Services Availa
Delores, Secre tary
PPG CORP. Yes No
471-0943 Need
Jimmie Choate, Sec.
ENNECO No Yes Twice a Year
471-4101 Use Holiday
Kr. J<.ayes Inn/Nasa
HL , P No No
414-4151 Need
im Wyatt's Sec.
ON SITE
MI'G ROOM
OFF SI'l'&:
MI'GRooM
HOW l'WO'
TIMES NEEDED
INPORHATION
NEEDED ON SyLVA
BEACH PAVILION
J
l.A QUINTA
470-0760
('Iae
- 2 meeting rooms, side by side, do not connect.
Capacity: 35 to 40 persons each
Charges: S50.00 each/per day
Equipment: V.C.R./Flip Charta/Blackboard
(Average bookings of
,104- days per year)
fOLIOAY INN BAYTOWN
427-7481
Jan Pitts
- 2 meeting rooms:
Capacity:
Charges:
Equipment:
Derrick A
75
S125.00
Flipcharta/Blackboard
,
Derrick B
30
$75.00
(Average bookings
208 days per yearl
48 PEOPLE WIT3 TABLES
60 PEOPLE, WITH NO TABLES
Women's Men's
~
-
. ..... ':-":~.."': ..
Storage
G
Ball Room.
~ drive
/
.
Stand
s
wood deck
maJn deck
TOTAL PEOPLE/ROOMS 1-5 300
TOTAL PEOPLE/FOYER 200
TOTAL: 500
SYLVAN BEACH PAVILION .
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CD
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o
HI
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.
"BREAKDOWN OF COST"
DESCRIPTION
QTY
.
Page 5 of 7
UNIT PRICE
'TOTAL
1. Acoustical Partitions
H8' X w5' (Ronnie Ralston)
[Fingers) 50
2. Mini Blinds 61 3/4 X 142 41
57 3/4 X 142 2
3. Electrical Projection Screen (Avtec)
(9 X 12) 1
4. Standard Projection Screen (60 X 60)
(Cole's) 6
5. Slide Projector (Kodak)
($426 Projector)
($ 98 Lens)
(Coles)
6. T.V. Monitor (Radio Shack)
7. VCR (Player Only) (Radio Shack)
8. Raised Platform ]8' X 4')
(Hertz Furniture)
9. Audio-Visual Table (Endura Coles)
10. Poor-table 11~ke ,Stand (Coles)"
. {I:.eoteni. t.
11. Easels (w/Melamine surface)
(easel pads 10~95) (Coles)
12. Overhead Projector (Coles-3m-)
13. Electrical Outlets
14. Projection T.V. 10' X10'
15. Outside Stage
TOTAL:
14
4
1
6
6
6
6
7
7
6
1
213.75 10,687.50
QUOTED
(In~~~~I~~f 3,436.54
1,000.00 1,000.00
135.00 810.00
526.00
750.00
200.00
423.00
121.00
550.00
140.00
369.00
5,000.00
3,156.00
4,500.00
1,200.00
2,538.00
847.00
3,850.00
1,960.00
1,476.00
1,700.00
5,000.00
1,785.00
43,946.04
.
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Page 6 of 7
IDEAS FOR MARKETING SYLVAN BEACH
The following is a list of ideas that the Parks and Recreation Department
carne up with to increase ~ublic use of Sylvan Beach.
A. Teen Dances
1. $2.00 - $3.00 admission
2. Top 40 music via disc jockey
3. Concession sales
4. Radio station sponsorships
1.
2 .
3.
Wednesday nights only
Three productions yearly
Break-even proposition at best
Ac, (Sr:v' I~ U-
(I~'
13.
Dinner Theatre Productions
C.
Color Brochures
D.
Planning Special Events and Activities in or around the Pavilion
1. 4th of July
2. Fall Fun Run
3. Triathlon
4. Halloween Ball
E.
Conduct "Open House" for business and industry
1. Send invitations
2. Provide light snacks
3. Present slide program
4. Distribute facility brochures
F. Advertising
1. Newspaper
2. Billboards
3. Magazines
4. Promotional Giveaways (Pencils, Pens, Keychains etc.)
5. Open House )
. ~dn-- ~~ .)q'i3d- (~60~'
~! 7U ~ ~ OoUM-c:.e "'- ~ fA '-' ~., <r>- r-r
.
.
Paqe 7 0 f 7
PROBLEMS & SOLUTIONS
Problems that have occured and could occur at Sylvan Beach.
1. People wishing to use the facility for one (1) to two (2) hours.
At present we have no way of renting for only several hours.
Solution: Change the rate ordinance to give hourly rate during
off peak times.
2. Several people have requested valet parking because of the
distance between parking lot and the pavilion. No solution has
been found at this time because of the high cost of insurance on
such a business.
3. Complaints have been made about the AIC not cooling enough. Both
units have been checked and are operating according to their
design standards. I feel that an AIC engineering study should be
done to pin point the problem. One other item could be done to
help cool the building: the placing of mini blinds that would
reflect the sun light from the main ball room.
4.
Several people have
instead of the long
better at banquets.
$5,000.00 for fifty
requested the City purchase round tables
narrow ones we presently have. They work
This would cost the City approximately
(50) of these tables.
5. Many of the caterers requested kitchen facilities. I feel that
if Sylvan Beach is s~ccessful, this should be looked into in the
future. 4/1~&i);b ~~
6. Rental rates for the La Porte Independent School District
currently are the same rates as any other organizations wishing
to use the facility. There have been requests to change the
rates for La Porte school functions. La Porte Independent School
District does allow the City use of their facilities free.
7. The last problem that we have is also the one that seems to occur
the most. Many of the people having events want to sell mixed
drinks. At present this is against the law because Sylvan Beach
has a beer and wine permit issued to the Concessionaire.
T.A.B.C. does not allow two different types of permits to be
issued at the same establishment. At present, we are working on
a solution to this problem.
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APPENDIX A
SYLVAN B~ACH PAVILION ~XPENSE AND INCOME
EXPENSE
Labor 1980
Labor 1981
Labor 1982
Janitoral Supplies 1980
Janitoral Supplies 1981
Janitoral Supplies 1982
Utilities 1980
Utilities 1981
Utilities 1982
Three Year Expense Total
INCOME
Rental 1980
Concession Rent 1980
Rental 1981
Concession Rent 1981
Rental 1982
Concession Rent 1982
Three Year Income Total
$ 47,467.08
55,125.08
63,062.81
$ 24,017.77
25,817.47
25,115.32
$ 22,268.54
29,335.66
32,479.58
$324,689.31
$ 25,345.00
4,800.00
$ 29,415.00
4,800.00
$ 38,180.00
4,800.00
$107,340.00
Three Year Average Expense
Three Year Average Income
Three Year Average Loss
$108,229.77
35,780.00
$ 72,449.77
These figures are based on present rental rates - Saturday-$350.00
Friday $300.00
Sunday $200.00
Rental Rates (Non Profit Organizations) -
Annual Loss on Non Profit Rental Fees -
Three Year Average Rental Dates -
Saturday $125.00
Friday $ 75.00
Sunday $100.00
$5,025.00
Saturdays
Fr idays
Sundays
(48)
(31)
(18)
",
.
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ORDINANCE NO.
1529
AN ORDINANCE ESTABLISHING
SYLVAN BEACH CONVENTION
MEETINGS LAW; CONTAINING
EFFECTIVE DATE HEREOF.
A RENTAL FEE POLICY AND SCHEDULE FOR
CENTER: FINDING COMPLIANCE WITH THE OPEN
A SEVERABILITY CLAUSE; AND PROVIDING AN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte, by this
Ordinance, establishes rental fee policy and schedule for Sylvan
Beach Convention Center, formerly known as Sylvan Beach Pavilion.
Ci ty Council has sought to establish rental fees which will
cover the operating costs of the facility, with higher fees for day~
of high usage demand, and lower fees for days of low usage demand, to
increase use and access to the facility by all community groups.
City Council hereby establishes its firm policy, in fairness to
all users, that no waiver of. rental fees, discounts from rental fees,
or deviations from this published schedule of rental fees, shall be
allowed by City Council nor by City Administrative Staff.
City Council will review the income and expenses of Sylvan Beach
Convention Center, and will make appropriate adjustments to the rental
fee schedule as conditions warrant, from ti~e to time.
Section 2. Sylvan Beach Convention Center shall be available for
rental, Monday through Sunday, from 8:00 a.m. until 1:00 a.m.
Section 3. The rental rates for Sylvan Beach Convention Center
shall be based on the day of the week, as follows, to-wit:
MONDAY
TUESDAY
WEDNESDAY
THURSDAY
FRIDAY
$250.00
$275.00
$150.00
$400.00
$800.00
SATURDAY
SUNDAY
NEW YEAR'S EVE
$1,000.00
$700.00
$2,500.00
In addition, the Lessee will be obligated to pay an additional
$100.00 per hour after 1:00 a.m.
No function shall be allowed to
continue after 1: 00 a.m., unless prior written approval is obtained
from the Director of Parks and Recreation.
.
.
Ordinance No.
1529
, Page 2
Lessees requiring additional time for move-in or move-out, prior
to or immediately following an event, extending to an additional
day or days, will be charged one-half (l/2) of the applicable full
time rate.
Lessees requiring rehearsal time, from 8:00 a.m. to 5:00 p.m.,
or 5:00 p.m. to midnight, on the same day of the scheduled event,
will be subject to no additional charge. Any additional day or days
prior to the scheduled event, shall be subject to a charge of. one-half
(1/2) of the applicable full time rate.
Section 4. Reservations for use of Sylvan Beach Convention
Center may be made either by phone or in person at the Parks and
Recreations Department, Public Works Center Building, 2963 N. 23rd
Street, La Porte, Texas
7757l, 713-471-5020, Extension 422.
A
booking fee of $1~0.00, or 10% of the rental rate, whichever is grea-
ter, will be due at the time the initial reservation is made. Fifty
(50%) of the rental rate shall be due and payable 180 days prior to
.
the first scheduled day of the rental. The balance of the rental rate
shall be due and payable in full at least ten (~P) working days prior
to the first scheduled day or days of the rental.- Deposits will be
refunded only if a minimum of ninety (90) days written notice
is received by the City of La Porte, prior to the rental date or
dates.
It shall be the responsibility of the Director of Parks & Recrea-
tion to determine the number of security officers required for each
event, and to arrange for such security service.
The charge for
security service will be in addition to the rental rate.
Section 5. Rental of Sylvan Beach Convention Center will be
subject to reasonable rules and regulations, which shall be promul-
gated by the Director of Parks and Recreation, with the approval of
.
.
Ordinance No.
1529
, Page 3
the City Manager. The City of La Porte reserves the right to refuse
rental of Sylvan Beach Convention Center to any person, firm, or
group, for lewd or immoral purposes, or where the activities of such
group may reasonably be expected to result in a breach of the peace,
or cause a threat to public health or safety.
Section 6. The City of La Porte expects to enter into conces-
sion contracts with vendors of food and beverages at Sylvan Beach
Convention Center. The City of La Porte reserves the right to include,
in its rental agreements with Lessees of the facility, req~irements
as to purchase of food and beverages exclusively from its duly autho-
rized concessionaires, and prohibiting food and beverages from being
brought onto the premises by Lessees and their guests.
Section 7. Neither the City of La Porte, nor its Lessees, shall
make any charge for parking at Sylvan Beach Convention Center.
Section 8. If any section, sentence, phrase, clause or any part
of any section, sentence, phrase, or clause, of this ordinance shall
for any reason, be held invalid, such invalidity shall not affect the
remaining portions of this Ordinance, and it is hereby declared to be
the intention of this City Council to have passed each section,
sentence, phrase or clause, or any part thereof, irrespective of the
fact that any other section, sentence, phrase or clause, or part
thereof may be declared invalid.
Section 9. The City Council officially finds, determines, re-
cites 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 requi-
red by the Open Meetings Law, Article 6252-l7, Texas Revised Civil
Statutes Annotated; and that this meeting has been open to the
public as required by law at all times during which this ordinance
and the subject matter thereof has been discussed, considered and
~
.
. ..
Ordinance No.
1529
, Page 4
formally acted upon.
The City Council further ratifies, approv-
es and confirms such written notice and the contents and posting
thereof.
section 10. This ordinance shall be in effect from and after
its passage and approval.
""""';.,,-
PASSED AND APPROVED this the (;,1 ,Crv day of February, 1987.
CITY OF LA PORTE
ATTEST:
(! Ilv~ ULvt.<
City Secretary
APP~ tJ ~
City Attorney