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Home My WebLink About1988-01-11 Public Hearing and Regular MeetingMINUTES OF THE PUBLIC HEARINGS AND REGULAR MEETING LA PORTE CITY COUNCIL JANUARY 11, 1988 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 (arrived at 6:15), Mike Shipp, B. Don Skelton, Jerry Clarke Members of City Council Absent: Councilperson Deotis Gay 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, Police Chief Charles Smith, Director of Public Works Steve Gillett, Director of Parks and Recreation Stan Sherwood, Director of Finance Jeff Litchfield, Finance Officer Robert Stewart, Director of Community Development Joel Albrecht, CIP Manager Dr. Ross Cox, Chief Building Official/Zoning Official Ervin Griffith, Building Inspector Mark Lewis, Revenue Collections Supervisor Charlene Eldridge, Accounting Supervisor Cynthia Alexander Others Present: Doug Latimer, Planning and Zoning Commission Chairman; Ed Hearon, Barbour's Cut Imports, Inc.; John Keever and Mr. Patterson, Union Carbide; Morris Stiver, Stiver Engineering; John Cutler, SWA; Bob Porter and Al Moomaw, Dupont; Curtis Herrod and Stan Minor, Public Works Department; Melissa Doyle, Bayshore Sun; 23 citizens 2. The invocation was given by Mayor Malone. 3. Mayor. Malone read a letter from Mark Lewis and Joel Albrecht regarding the hearing on dangerous buildings, which stated that two of the buildings had been withdrawn due to voluntary consent of the owners to have the buildings demolished. The letter also emphasized that since the funds to be used for demolition are from a Block Grant, Council should act upon the remaining buildings at this meeting in order not to lose the funding. Minues, Public Hearings and Regular Meeting La Porte City Council January 11, 1988, Page 2 The Mayor then called Public Hearing A to order. This hearing is the request of Gary Groda for rezoning Lots 10-15, Block 305, La Porte, from R-3 high density residential to NC neighborhood commercial. The Mayor asked for public input in favor of the rezoning. Gary Groda addressed Council regarding his request. He felt that since the property had been zoned commercial before the new zoning map and ordinance were in effect, that the property should be rezoned to its original class. The Mayor asked for public input in opposition to the rezoning. There was no input. The Mayor declared Public Hearing A closed. The Mayor called Public Hearing B to order. This hearing is the request of Bayshore Aerie #2753 Eagles Lodge for rezoning Lots 17-32, Block 149, La Porte, from R-1 low density residential to GC general commercial. The Mayor asked for public input in favor of the rezoning. Dick McDuff addressed Council as a representative of the Eagles Lodge. He presented letters from neighbors in the area showing that they had no objections to the request. Letters are attached to these minutes. He asked for Council consideration to allow the rezoning so the Lodge could use the property for overflow parking. He assured Council that they had no intention of having ingress or egress from 7th Street, and did intend to put hedges around the perimeter of the property. The Mayor asked for public input in opposition to the rezoning. Tommy Moser addressed Council and stated that he has no objection to the parking lot, but his objection would be that, if rezoned, the property would always be commercial and that the area is primarily residential. If the Eagles Lodge ever changed locations, the property would still be commercial and any type of commercial business could be placed at the location. 0 0 Minutes, Public Hearings and Regular Meeting La Porte City Council January 11, 1988, Page 3 Mark Follis addressed Council to oppose the rezoning. He echoed the remarks of Mr. Moser. There was no other input and the Mayor declared Public Hearing B closed. Public Hearing C, regarding dangerous buildings, was called to order by the Mayor. Items 1 and 3 of this hearing were removed due to the voluntary consent of the owners to have the buildings demolished. The Mayor asked for public input regarding Block 66, Lots 17-20, La Porte (two buildings). Mrs. Everlena Thornton, owner of the property, addressed Council. She is opposed to the demolition of the buildings on her property; this is her homestead and she has no intention of anyone trespassing on the property to demolish the buildings, as she wants to keep them. The Mayor asked for public input regarding Block 80, Lots 1-2, La Porte. No one came forward. The Mayor asked for public input regarding Block 89, Lots 9-10, La Porte. No one came forward. The Mayor declared the Public Hearing on dangerous buildings closed. 4. Council considered approving minutes of the workshop and called regular meeting held December 7, 1987. It was noted by Councilperson Lloyd that on page 7 of the minutes, item 15, stated that a motion was made and also seconded by Councilperson Gay. Motion was made by Councilperson Skelton to approve the minutes after the correction to item 15 is made to show the proper second to the motion. Second by Councilperson Waters. The motion carried, 8 ayes and 0 nays. 0 Minutes, Public Hearings and Regular Meeting La Porte City Council January 11, 1988, Page 4 Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Shipp, Skelton, Clarke and Mayor Malone Nays: None 5. The Mayor presented September, October Curtis Herrod, Mr. with a plaque. the Employee of the and November, 1987, Minor's supervisor, Quarter Award for to Stan Minor. presented Mr. Minor 6. The Mayor presented a Certificate of Achievement for Excellence in Financial Reporting to the members of the Finance Department. This is the sixth consecutive year that this Department has achieved this honor. 7. Council considered an ordinance rezoning Lots 10-15, Block 305, La Porte, from R-3 High Density Residential to NC Neighborhood Commercial. Mark Lewis, Building Inspector, addressed Council regarding this item, and presented zoning maps of the area for Council's review. He also stated that it was the recommendation of the Planning and Zoning Commission and also of staff, that the zoning request be denied. Councilperson Skelton presented a map made previous to the new zoning map, showing that the area had been commercial, and that he felt the change to R-3 on the new map had somehow slipped Council's attention. Motion was made by Councilperson Skelton to adopt the Ordinance to rezone Lots 10-15, Block 305, La Porte. from R-3 High Density Residential to NC Neighborhood Commercial. The motion died for lack of a second. Motion was made by Councilperson Matuszak to deny rezoning of Lots 10-15, Block 305, La Porte, in accordance with staff's recommendation. Second by Councilperson Lloyd. The motion to deny carried, 7 ayes and 1 nay. Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Shipp, Clarke and Mayor Malone Nays: Councilperson Skelton Minutes, Public Hearings and Regular Meeting La Porte City Council January 11, 1988, Page 5 8. Council considered an ordinance rezoning Lots 17-32, Block 149, La Porte, from R-1 low density residential to GC general commercial. Mark Lewis addressed Council and showed slides of the zoning map of that area. Staff and the Planning and Zoning Commission recommend denial of the rezoning request. The Mayor asked if there was any way the request to use the property as a parking lot could be granted without rezoning the property. The City Attorney answered that to do so would set a precedent by putting a limitation on a general zoning classification; however, if Council so desired, he would ask that the ordinance be tabled so that he could research the matter. Motion was made by Councilperson Matuszak to table this ordinance. Second by Councilperson Lloyd. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Shipp, Skelton, Clarke and Mayor Malone Nays: None 9. Council did not act on Ordinance 1572, regarding condemnation and demolition of a dangerous building located on Lots 31-33, Block 57, La Porte, due to the owner's voluntary consent to demolish the building. 10. Council considered an ordinance ordering condemnation and demolition of a dangerous building located on Lots 17-20, Block 66, La Porte. The City Attorney read: ORDINANCE 1573 - AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOTS 17-20, BLOCK 66, LA PORTE TRACT, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT EVERLENA THORNTON IS THE RECORD OWNER OF SAID PROPERTY; ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS Minutes, Public Hearings La Porte City Council January 11, 1988, Page 6 • and Regular Meeting ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL OF SAID PREMISES BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. Mark Lewis addressed Council, stating that although this is Mrs. Thornton's homestead, she does not live in either of the two buildings addressed in the ordinance. He showed slides depicting the condition of the buildings under consideration. Mrs. Thornton addressed Council and stated that she is in the process of "fixing up" one of the structures. She stated she has spent $1200 repairing the inside, although she has not done any repair work to the outside of the structure. She feels her buildings are not dangerous to anyone, and she does not want her houses torn down, that she has a right to have a wash house and a storage house on her homestead. Motion was made by Councilperson Porter to adopt Ordinance 1571 as read by the City Attorney. Second by Councilperson Matuszak. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Shipp, Skelton, Clarke and Mayor Malone Nays: None 11. The ordinance ordering condemnation and demolition of the dangerous building located on lots 15-16, Block 65, La Porte, was removed from the agenda due to voluntary consent of the owner to demolish the structure. 12. Council considered an ordinance ordering condemnation and demolition of a dangerous building located on Lots 1-2, Block 89, La Porte. The City Attorney read: ORDINANCE 1575 - AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOTS 1-2, BLOCK 80, LA PORTE TRACT, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT JOSEPH L. THIBODEAUX IS THE RECORD OWNER OF SAID PROPERTY; ORDERING THE SAID OWNER TO ENTIRELY REMOVE Minutes, Public Hearings La Porte City Council January 11, 1988, Page 7 • and Regular Meeting OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL OF SAID PREMISES BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. Motion was made by Councilperson Skelton to adopt Ordinance 1575 as read by the City Attornev. Second by Councilperson Lloyd. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Shipp, Skelton, Clarke and Mayor Malone Nays: None 13. Council considered an ordinance ordering condemnation and demolition of a dangerous building located on Lots 9-10, Block 89, La Porte. The City Attorney read: ORDINANCE 1576 - AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOTS 9-10, BLOCK 89, LA PORTE TRACT, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT ALVIN MAYSHAW IS THE RECORD OWNER OF SAID PROPERTY; ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL OF SAID PREMISES BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. Motion was made by Councilperson Waters to adopt Ordinance 1976 as read by the City Attornev. Second By Councilperson Matuszak. The motion carried, 8 ayes and 0 nays. Minutes, Public Hearings and Regular Meeting La Porte City Council January 1 1 , 1988„ Page Q Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Shipp, Skelton, Clarke and Mayor Malone Nays: None 14. Council considered an ordinance closing streets and alleys for Barbour's Cut Imports, Inc. Mr. Ed Hearon, Barbour's Cut Imports, addressed Council regarding this item, outlining the property in question. The City Attorney read: ORDINANCE 1577 - AN ORDINANCE VACATING, ABANDONING AND CLOSING CERTAIN ALLEYS, AND PORTIONS OF CERTAIN STREETS, IN THE CITY OF LA PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Waters to adopt Ordinance 15537 as read by the City Attorney. Second by Councilperson Skelton. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Shipp, Skelton, Clarke and Mayor Malone Nays: None Mr. Hearon presented the City a certified check in the amount of $48,916.80. 15. Council considered a resolution authorizing change in signatory agent for Texas Water Development Board Grant Project. The City Manager explained to Council that this was a formal change in order to have a current signature for Texas Water Development Board Grant projects. The City Attorney read Resolution 88-1, which appoints Robert T. Herrera, City Manager of the City of La Porte, as signatory agent of the City of La Porte, to sign any applications under the Federal Water Pollution Control Act. Motion was made by Councilperson Waters to adopt Resolution 88-1. Second by Councilperson Clarke. The motion carried, 8 ayes and 0 nays. Minutes, Public Hearings and Regular Meeting La Porte City Council January 11, 1988, Page 9 Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Shipp, Skelton, Clarke and Mayor Malone Nays: None 16. Council considered a resolution authorizing regular license plates by La Porte Police Department Personnel. The City Attorney read Resolution 88-2, which states that vehicles used by La Porte Police Department are exempt under V. C. S. 6701m-2 when used in the performance of official duties, and requests that the State Department of Highways and Public Transportation issue regular plates upon proper application, and that the City Secretary of the City of La Porte is authorized to sign required forms. Motion was made by Councilperson Waters to adopt Resolution_ 88-2. Second by Councilperson Lloyd. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Shipp, Skelton, Clarke and Mayor Malone Nays: None 17. Council was to consider approving entering into agreement with Harris County for participation in the Justice Information Management System. The City Manager requested that this item be tabled until the first meeting in February. Motion was made by Councilperson Clarke to table item 17 until the first meeting in February. Second by Councilperson Lloyd. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Shipp, Skelton, Clarke and Mayor Malone Nays: None 18. Council considered approving a pipeline easement for Union Carbide Corporation. Motion was made by Councilperson Waters to approve the pipeline easement for Union Carbide Corporation on the Minutes, Public Hearings La Porte City Council January 11, 1988, Page 10 0 and Regular Meeting condition that the funds paid ($9,757.50) go back to the Improvement Fund for this property. Second by Councilperson Clarke. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Shipp, Skelton, Clarke and Mayor Malone Nays: None 19. Council considered approving a contract for engineering services and construction administration for Northwest Park. Dr. Ross Cox reviewed this item for Council. Motion was made bvCouncilerson Skelton to approve a contract with Stiver Engineering, Inc., for engineering services and construction administration for Northwest Park, in an amount not to exceed $29,140. Second by Councilperson Lloyd. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Shipp, Skelton, Clarke and Mayor Malone Nays: None 20. Dr. Ross Cox, CIP Manager, presented a status report on Little Cedar Bayou Park. 21. Council considered awarding bids for construction of Little Cedar Bayou Park. Motion was made by Councilperson Skelton to award construction bids for Little Cedar Bayou Park as follows: Site Work to Hubco in the amount of $668,930• Swimming Pool to Crystal Pool in the amount of $363,363; Buildings to Murson in the amount of $286,820• Tennis Courts to Tennis Tech in the amount of $39,479; Landscaping to Marek in the amount of $116,65; with the City performing miscellaneous work in the amount of $40,288. Second by Councilperson Matuszak. The motion carried, 8 ayes and 0 nays. Minutes, Public Hearings and Regular Meeting La Porte City Council January 11, 1988, Page 11 Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Shipp, Skelton, Clarke and Mayor Malone Nays: None 22. Administrative Reports The City Manager gave Council a list of proposed names for the street in front of Sylvan Beach Convention Center, and asked Council to choose a name. Their decision will be addressed at a future Council meeting. Police Chief Charles Smith presented a report on the Dupont leak incident. Dupont Plant Manager Bob Porter and Al Moomaw of Dupont also reported on the incident and steps that are being taken to repair the equipment. The City Manager asked Council to consider reinstituting the Airport Advisory Board, as he feels that it would greatly benefit the City and staff cannot provide enough quality time to the airport to make it the kind of facility that it has the potential to become. Mr. Herrera also announced that there will be a workshop meeting with Commissioner Jim Fonteno on January 13, to be held at 6:00 P.M. at Sylvan Beach Convention Center. Plans are to discuss various County/City projects. 23. Council Action: Councilpersons Waters, Lloyd, Matuszak, Porter, Shipp, Skelton and Mayor Malone brought items to Council's attention. Mr. Herrera handed out booklets on the Disaster Warning System for Council's review. 24. Council adjourned into executive session at 8:53 P.M. to discuss the following: Legal - Report from City Attorney on Laurie Engleke lawsuit; Legal - Discuss with City Attorney patent matters on wave machine for Little Cedar Bayou Park; Conference - Receive information from City Manager regarding La Porte Independent School District use of Sylvan Beach Convention Center. Council returned to the Council table at 9:57 P.M. 0 Minutes, Public Hearings and Regular Meeting La Porte City Council January 11, 1988, Page 12 25. There being no further business to come before the Council, the meeting was duly adjourned at 9:59 P.M. Respectfully sub fitted: Cherie Black, City Secretary Passed & Approved this the 25th day of January, 1988 Norman Malone, Mayor REQUVft FOR CITY COUNCIL AGENDA 1W 1W Agenda Date Requested: January 11, 1988 Requested By: Mark Lewis xx Report Department: Comm. Deve lognent/Code Enforcen Resolution Ordinance E x h i b its: (1) Staff background report and recommendation (2) Planning & Zoning recommendation (3) Location, Land Use and Zoning Maps SUMMARY & RECOMMENDATION Mr. Gary A. Groda requested a rezoning of Lots 10-15; Blk 305; La Porte Tract from R-3 High Density Residential to N.C. Neighborhood Commercial. The public hearing before City Council is the final step in the rezoning process prior to Council's formal approval or denial of the rezoning request. Staff and the Planning & Zoning Commission recommend the denial of this request. Action Required by Council: At the close of the public hearing, one of the following actions should be taken: (1) Deny the request as recommended by Planning &Zoning (2) Approve the request (3) Refer the request back to Planning & Zoning for further consideration Availability of Funds: N/A General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: Funds Available: _ YES _ NO ,,r��►p►+ for Citv Council Agenda G"t 'T, 14wut,� Robert T. Herrera DATE City Manager • October 30, 1987 Rezoning request by: Gary A. Groda 1013 San Jacinto La Porte, Texas On behalf of H.R. Nickel Zone change request: R-3 High Density Residential to Neighborhood Commercial (N.C.). Property location: 1023 Blk of San Jacinto Lots 10-15, Block 305, La Porte Background The site is occupied by a building which formerly housed the La Porte Oddfellows lodge. Mr. Groda, who is in the process of buying this property, is making this request on behalf of the present owner, Mr. H.R. Nickel. The property in question is comprised of six lots (#10-15) of block 305, La Porte Subdivision and is further described as 1023 San Jacinto (exhibit "A"). The block is part of the R-3 zone highlighted in exhibit "B". Mr. Groda is requesting this change for the property owner, Mr. H.R. Nickel in hopes that he can purchase the property and open a small restaurant (S.I.C. No 5812) at this location. Analysis: As noted above, the property is included as part of a R-3 zone. It is also shown as high density residential on the City's Land Use Map (see exhibit "C"). Rezone - Gary A. Groda October 30, 1987 Page 2 Due to the small size of this tract and the fact there is no adjacent commercially zoned property, the rezoning of this tract to N.c. would constitute "spot zoning". Spot zoning may be defined as arbitrary and capricious treatment of a limited area within a particular zoning district. As such, it departs form the City's comprehensive plan by singling out a single parcel or limited are of land for special treatment or privileges not in harmony with other use classifications in the area and with out any apparent circumstances that call for different treatment. (This definition was taken from Land Use by Robert Wright and Susan Webber.) Spot zoning is considered to be poor zoning practice. Conclusion• The request is in conflict with the City Council's intent for this area (as evidenced by the zoning and land use maps). There have been no apparent changes to the conditions or circumstances surrounding the subject property warranting a change to the City's Comprehensive Plan, and finally the recommendation for approval of this request to the City Council and their subsequent possible approval would constitute spot zoning. Therefore, staff does recommend denial of the request. Recommendation: Denial of the request. RECOMMENDATION OF THE PLANNING & ZONING COMMISSION: The Planning & Zoning Commission considered this request in public hearing and regular meeting on November 5, 1987. The Commission recommends denial of this request. 82913 / so 5 ' j 922 920 !t' \ .00 13A PFEIFFER(' ' 2B 91 i \ M PARK J 26 / 13.7 �♦ W4 /P6 13.3 � \z / 137 -Vivo> l �f op6� o° e° + ,L G• \\ 817 8141 \ 13.7 qCp 812 _ 8 fI A 13.9 3A ' 816 Y 2 Oa6 A, 810 813 A 811 814 0 � 808 \ 4.4 . / s� eo9 812, / 1/ < 10 /jl'' m .;/ 13 806 =� 811 /B I(( 807 Q 810 _ 804 SOB 809 /8 - ' 802 807 803 QQ I ORD 804 -a•. „` \8 803 Y 1000 \'' O ? • .2 134 •/ 14 1009 S qCp 48 13.6 BIG j� / 2 2,LS °• 13.7 I 13 IC 142 t, / �W642� 13A 3 �'T , 1014 \g 01 i 3911 818A f r#�• 2396` —� 0 %� i C / D.No.7 •S . \ f 2 J 3 ;cN � TkS . 13.3 N 1039 14.1 1181 O /4� /J 741 LVAN + ` •j '� ACH O/J ASHATE IA 721 p R� 1032 � . Ay,�f'eo° 612. r 928 r 13.3 ' _ - 719 INDEX TO SHEETS TOPOGRAPHIC MAP ✓! `v C �T;,.1.':` r_- X----- LAPORTE, TEXAS ADDRESS-. 'AND SHEET NO. K-10 + -•. . I DRAWN em ' SCALE: I% 109' I DATE- r 0 • CONSIDER ORDINANCE REZONING LOTS 10-15, BLOCK 305, LA PORTE, FROM R-3 HIGH DENSITY RESIDENTIAL TO NC NEIGHBORHOOD COMMERCIAL (Ord. 1501-B) - M. Lewis Motion by Second by VOTE: FOR AGAINST ABSTAIN Waters Lloyd -- Matuszak Porter Shipp G a y Skelton—_ ---- Clarke Malone Motion carried __ Defeated Tabled CITY OF LA PORTE APPLICATION FOR ZONE CHANGE REQUEST` --------------------------------------------------------------------- Application No.: ✓9% - 00/ OFFICE USE 01•ILY: Fee: $100.00 Date Received: q. /8. 87 Receipt No.: (v) Site Plan ( ) :Minor Development Site Plan ( ) Major Development Site Plan ( ) General Plan ( ) Site Plans Submitted on q-11-t71 ------------------------RA82 ------ APPLICANT'S NAME: A. Loo Address: lois &t) �L4S'�v PH: -4-Ta- 9-4 Date: - Signature: OWNER'S NAME: Address: PH: Legal Description of Property-8mw t X05 �LoTs 'M - IS ( ) See Attached I AM THE OWNER OF IS THE HEREIN DESCRIBED PROPERTY AND L7AO Q. 6,ra6A1 AUTHORIZED TO FILE THIS APPLIC�ATT�ION ON MY BEHALF. Date. Signature. Zone Requested Zone ChangeComawAaWSIC No. Proposed Usage �APZgWifo,. STfa►1RR --------------------------------------------------------------------- OFFICE USE QNLY 1.) Owner(s) of property within 200 ft. of tract in question: REQUESIMOR CITY COUNCIL AGENDA IT* qW Agenda Date Requested: January 11, 1988 Requested By: Mark Lewis 0 Report Department: Resolution Cann Develorment/Code Fnforcanent Ordinance Exhibits: (1) Staff background report and recaonendation (2) Planning & Zoning Cc mission Recommendation (3) Location, Land Use and Zoning Maps SUMMARY & RECOMMENDATION The Bayshore Aerie #2753 Eagles Lodge has requested a rezoning of Lots 17-32; Blk 149; La Porte Tract from IL-1 Law Density Residential to G.C. General Commercial. The public hearing before City Council is the final step in the rezoning process prior to Council's formal approval or denial of the rezoning request. Staff and the Planning & Zoning Cawnission recd mend the denial of this request. Action Required by Council: At the close of Public Hearing one of the following actions should be taken: (1) Deny the rea_uest as recomended by Planning & Zoninq (2) Approve the request (3) Refer the request back to Planning & Zoning for further consideration Availability of Funds: N/A General Fund Capital Improvement Other Account Number: Water/Wastewater General Revenue Sharing Funds Available: _ YES _ NO ApDroVed for City Council Agenda Robert T. Herrera DATE City Manager October 30, 1987 Rezoning request by: Zone change request: Property location: Background: 0 Fraternal Order of Eagles; Bayshore Aerie PTo. 2753 803 South 8th Street La Porte, Texas R-1 Low Density Residential to General Commercial 800 Block of South 7th Street Lots 17-32; Block 149, La Porte Subdivision This request was originally considered during the Planning and Zoning Commission's May 2, 1985 Public Hearing and was tabled at that time. The purpose of the request at that time was to rezone Lots 17-32 of Block 149, La Porte Subdivision from R-1 to Commercial, which would allow the Eagles to develop additional parking for their existing facility located at 803 South 8th Street. Staff's recommendation was to deny the request because it was in conflict with the City's Comprehensive Master Plan and would constitute the first commercial encroachment into the established R-1 residential neighborhood to the east . After discussion on the request, the Commission voted to table the action and bring the request back to the Planning and Zoning Commission at a subsequent public hearing. The purpose of this public hearing is to bring the request back to the Planning and Zoning commission for reconsideration and a recommendation to be forwarded to the City Council. X INTER -OFFICE 14EMORANDUM To: Mayor and City Council From: Doug Latimer, Chairmanl% ' hiAc--- Planning & Zoning Commission Subject: Request by the Fraternal Order of the Eagles Bayshore Aerie No. 2753 to rezone Lots 17-32; Blk 149; La Porte from R-1 to Low Density Residential to G.C. General Commercial Date: December 31, 1987 The Planning & Zoning Commission considered this rezoning request in Public Hearing and Regular Meeting on November 5, 1987. Based on comments received in the Public Hearing and information contained in the attached background report, the Commission recommends denial of this request. DL/nd 11 U Rezone - Fratei-real Order of Eagles October 30, 1987 Page 2 Analysis: • The alley of Block 149 is part of a zoning line running north/south between West "A" street and West "H" street. The property immediately west of this line, including the Eagles lodge hall, is zoned as General commercial (G.C.). The property to the east is zoned as Low Density Residential (R-1). (See attached exhibits "A & B"). The R-1 property in this area is part of an established residential neighborhood. There is no commercial development located on the R-1 side of this zoning line. Both the zoning and land use maps (exhibit "B & C) clearly indicate the Master Plans intent to preserve the integrity of this residential neighborhood. Conclu i n• As noted earlier, staff's original recommendation was to deny this request based on its conflict with the City's Comprehensive i -Laster Plan and by the adopted zoning and land use maps. Staff further finds no change in the character or circumstance surrounding this area that warrants a charge of the master plan. For these reasons we stand behind our original recommendation that this zone change request be denied. Recommendation: Denial of request. RECOMMENDATION OF THE PLANNING & ZONIPIG COMIJISSION: The Plann:in;; & Zoning Commission considered this request in public hearin; and regular r.;eeting on November 5, 1987. The Commission recommends denial of this request. ' A • G� • t� y • til � • HtGM � n, • Le LA PO ELEMENnWY SCHOM - q,• a • • • • LA PORTE • . • • HIGH SCHOOL • Ii � ••• • • • • • • • • • • • • • • • • • • • • • • •„ • • • • •y • • • � o 0 • • • .......... ............. ................ ... j ........... ........... A,!t�. . .... ........... ......... ........ .......... .. ry OF ....... »OVyLO• !. ... I :: ..... :.:7'. .... .......... rule ) .: •»,nso,,... t CITY OF LA PORTE LAND USE PLAN LEGEND O PUBLIC USES �] LOW DENSITY RESIDENTIAL USES D MID TO HIGH DENSITY RESIDENTIAL COMMERCIAL USES COMMERCIAL INDUSTRIAL USES INDUSTRIAL USES EA,M "�'' GVSCALE Hori-1,11 and Vertical Control by EOM Trewro and Oil. IN FEET BLOW�f •"•; lerential L—Is horn exl.ting USG&GS Morwmantation. too W 0 100 701 700 - -. SM foot grid bawd en Taxes Plana Coordinate System. a— E 1 I South Central Zone. Venlul Control on NGS Vertical - CONTOUR INTERVAL 2 FEET Datum. 1978 Adjustment. Control extension by analytical - WITH SUPPLEMENTARY CONTOURS AT 1 FOOT tograetric aerial triangulation. Maps compiled by phomm DATE OF PHOTOGRAPHY: APRIL 198D procedures on 88S and Kel.h Plotter.. Maps meet National TARY SWR.•••:- Map Accuracy,Standard. for 2 -loot contours. Supplemen- ••-QO. { it Ivry and approximate contours are not within than toles f may, � ante.. c GC V. K GC112611u 024 1123 112 1121 x 1160 1155 1156 1157 u56 1159 � 1150 � CEME7EAY 1144 I 1145 I 1146 I 1147 O O I � u i J 1430 1431 117! 11172 I 1171 � 1170 > iI u iAR WALK OA. pp06E0 LITTLE c ; DAR pAYOu PARK u R-2 �o 1194 1193 1192 1191 --- 1 + 1212 R-1— W? _1—iz27 PR Poo CT's - mwrmPAI 900 COUP PUD 1246 1269 1268 R-1 / A7 "AN R-1 1L(.119 f/ f J,7 CITY OF LA PORTE LAND USE PLAN LEGEND ' PUBLIC USES = 0 LOW DENSITY RESIDENTIAL USES MID TO HIGH DENSITY RESIDENTIAL US COMMERCIAL USES 0 COMMERCIAL INDUSTRIAL USES INDUSTRIAL USES lmftmm� i •1 • pil N:10:40' • \ l 0 0 ............... ......... ......•...... ....... u x .... ............. ............. ............ ..... ::::::::::' 'al I f ..................... ................... .................. .............. .......... �1 PRoF sw 40 ?-moi • • • +; 3T. •/ • � �• 1 • • • • • • 4E • a • • Yt............ • - • •1 • pil N:10:40' • \ l 0 0 ............... ......... ......•...... ....... u x .... ............. ............. ............ ..... ::::::::::' 'al I f ..................... ................... .................. .............. .......... �1 PRoF sw 40 ?-moi • • • +; L-1 BAYSHORE AERIE No. 2753 LA PORTE, TEXAS 77571 November 4, 1987 City of La Porte Planning and Zoning Commission and All Concerned Citizens We at the Fraternal Order of Eagles, Bayshore Aerie 2753, wish to extend our parking facilities by using a portion of our property located on the North- East corner of our block. We plan to beautify this property further and promise the following conditions which, we hope, will be satisfactory to all citizens in the area. 1. The land will be stabilized, and a good foundation applied and then the base will be covered with crushed Sp Granite, making it as dust - free as possible'. 2. A row of hedges will be planted along the 7th Street and "G" Street sides to ensure that the noise level will be held to a minimum, as well as the dust. 3. No Exits or Entrys will be added. The existing exits and entrys located on 8th Street will be the only ones used. Our long range plans are to cover the entire parking lot with asphalt. We appreciate the concern of our neighbors and we, the Officers of this Aerie, and our successors make these promises and we fully intend that they be kept. AL/ Jr. Past Pregidagat Trustee Trustee Trustee c /-s , President l.� X _ Secretary DATE: TO: WHOM IT MAY CONCERN I, •� U F�S�'�. L I V E AT g/3 S: 7 IN LA PORTE, TEXAS. I FULLY UNDERSTAND THAT THE FRATERNAL ORDER OF EAGLES WANT TO PUT A PARKING LOT IN ACROSS FROM MY HOME. I UNDERSTAND IF THEY PUT IN A PARKING LOT, THEY WILL PLANT A HEDGE BETWEEN THE LOT AND 7th STREET. I BELIEVE IN PLANTING THIS HEDGE IT WILL HELP TO BEAUTIFY THE PARK. IT WILL ALSO HELP THE SENIOR CITIZENS, WHICH THE PARK WAS MADE FOR, TO HAVE A PLACE TO PARK -SO THEY CAN MORE EASILY USE THE PARK FACILITY. THE ENTRY AND EXITS TO THE PROPOSED PARKING LOT WOULD ALL BE FROM THE 8th STREET SIDE. IF THEY ARE ALLOWED TO BUILD THIS PARKING LOT, I BELIEVE THAT IT WILL CUT DOWN ON THE SIDE STREET PARKING LOT ON 7th STREET AND GREATLY REDUCE THE TRAFFIC UP AND DOWN 7th STREET. THE USE OF THE LAND FOR THE PARK WAS DONATED TO THE CITY OF LA PORTE, BY THE FRATERNAL ORDER OF EAGLES. The State of Texas County of Harris Before me, a Notary Public, on this day personally appeared Larry Jureski, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for purpose and consideration therein expressed. Given under my hand and seal of office this Fourth day of November A.D. 1987. 9099O. ® C) •, f.�v v f3 \ OJ C2 U F % r W R CROCKETT ,.My Commission Fxpiros 2/6/89 • • r DATE: TO: WHO(M� IT MAY CONCE RN n I, of �� V �i k , LIVE AT Ad rj �• , IN LA PORTE, TEXAS. I FULLY UNDERSTAND THAT THE FRATERNAL ORDER OF EAGLES WANT TO PUT A PARKING LOT IN ACROSS FROM MY HOME. I UNDERSTAND IF THEY PUT IN A PARKING LOT, THEY WILL PLANT A HEDGE BETWEEN THE LOT AND 7th STREET. I BELIEVE IN PLANTING THIS HEDGE IT WILL HELP TO BEAUTIFY THE PARK. IT WILL ALSO.HELP THE SENIOR CITIZENS, WHICH THE PARK WAS MADE FOR, TO HAVE A'PLACE TO PARK SO THEY CAN MORE EASILY USE THE PARK FACILITY. THE ENTRY AND EXITS TO THE PROPOSED PARKING LOT WOULD ALL BE FROM THE 8th STREET SIDE. IF THEY ARE ALLOWED TO BUILD THIS PARKING LOT, I BELIEVE THAT IT WILL CUT DOWN ON THE SIDE STREET PARKING LOT ON 7th STREET AND GREATLY REDUCE THE TRAFFIC UP AND DOWN 7th STREET. THE USE OF THE LAND FOR THE PARK WAS DONATED TO THE CITY OF LA PORTE, BY THE FRATERNAL ORDER OF EAGLES. The State of Texas County of Harris Before me, a Notary Public, on this day personally appeared Steve and Norma Page , known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for purpose and consideration therein expressed. Given under my hand and seal of�� fice this Fourth day of November , A.D. 1987. ,•,`p11itq# , ♦�,� Pa r� Y P61% ♦ ,�.ossm�oa � gee ♦♦♦ O 900 0�0 �/q �j A W H C11ODKETT 1 Notary Publc, State of Texas JAY COMMission Expires 2/8/89 ee� �sB10Y6208 tl �i♦ eeo�oe®� J ®s vea � Ure, • DATE: ��-� � 7 TO: WHOM IT MAY CONCERN 111 -J-Alyl. 1-7-E'9gZ , LIVE AT �!E IN LA PORTE, TEXAS. I FULLY UNDERSTAND THAT THE FRATERNAL ORDER OF EAGLES WANT TO PUT A PARKING LOT IN ACROSS FROM MY HOME. I UNDERSTAND IF THEY PUT IN A PARKING LOT, THEY WILL PLANT A HEDGE BETWEEN THE LOT AND 7th STREET. I BELIEVE IN PLANTING THIS HEDGE IT WILL HELP TO BEAUTIFY THE PARK. IT WILL ALSO HELP THE SENIOR CITIZENS, WHICH THE PARK WAS MADE FOR, TO HAVE A PLACE TO PARK SO THEY CAN MORE EASILY USE THE PARK FACILITY. THE ENTRY AND EXITS TO THE PROPOSED PARKING LOT WOULD ALL BE FROM THE 8th STREET SIDE. IF THEY ARE ALLOWED TO BUILD THIS PARKING LOT, I BELIEVE THAT IT WILL CUT DOWN ON THE SIDE STREET PARKING LOT ON 7th STREET AND GREATLY REDUCE THE TRAFFIC UP AND DOWN 7th STREET. THE USE OF THE LAND FOR THE PARK WAS DONATED TO THE CITY OF LA PORTE, BY THE FRATERNAL ORDER OF EAGLES. The State of Texas County of Harris Before me, a Notary Public, on this day personally appeared James Teal , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and consideration therein expressed. Given under my hand and seal of office this Fourth day of November A.D. 1987. A% P� ®o •, Lx ��-- -- W R CROCKETT + Notary RuMn, Sty to of T^xa; I42 y.Commission Expires 2/8183 ® y6 0F I DATE: e1 TO: WHO T MAY CONCERN LIVE AT IN LA PORTE, TEXAS. I FULLY UNDERSTAND THAT THE FRATERNAL ORDER OF EAGLES WANT TO PUT A PARKING LOT IN ACROSS FROM MY HOME. I UNDERSTAND IF THEY PUT IN A PARKING LOT, THEY WILL PLANT A HEDGE BETWEEN THE LOT AND 7th STREET. I BELIEVE IN PLANTING THIS HEDGE IT WILL HELP TO BEAUTIFY THE PARK. IT WILL ALSO HELP THE SENIOR CITIZENS, WHICH THE PARK WAS MADE FOR, TO HAVE A PLACE TO PARK SO THEY CAN MORE EASILY USE THE PARK FACILITY. THE ENTRY AND EXITS TO THE PROPOSED PARKING LOT WOULD ALL BE FROM THE 8th STREET SIDE. IF THEY ARE ALLOWED TO BUILD THIS PARKING LOT, I BELIEVE THAT IT WILL CUT DOWN ON THE SIDE STREET PARKING LOT ON 7th STREET AND GREATLY REDUCE THE TRAFFIC UP AND DOWN 7th STREET. THE USE OF THE LAND FOR THE PARK WAS DONATED TO THE CITY OF LA PORTE, BY THE FRATERNAL ORDER OF EAGLES. The State of Texas County of Harris r- lawl, - / 2 / I Before me, a Notary Public, on this day personally appeared Cleveland Williams , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for purpose and consideration therein expressed. Given under my hand and seal of office this Fourth day of November , A.D. 1987. '11%JI 1908#00, .t NR P e •pie /n � � � S 0 TF 00....••o°°,gip ••.._ OF f W R CROCKETT Mary Publc, State of Texas JMy Commission Expires W8/$9 DATE: TO: WHOM MAY CONCEIRAL I, 31LIVE AT / ,j o % , IN LA PORTE, TEXAS. I FULLY UNDERSTAND THAT THE FRATERNAL ORDER OF EAGLES WANT TO PUT A PARKING LOT IN ACROSS FROM MY HOME. I UNDERSTAND IF THEY PUT IN A PARKING LOT, THEY WILL PLANT A HEDGE BETWEEN THE LOT AND 7th STREET. I BELIEVE IN PLANTING THIS HEDGE IT WILL HELP TO BEAUTIFY THE PARK. IT WILL ALSO HELP THE SENIOR CITIZENS, WHICH THE PARK WAS MADE FOR, TO HAVE A PLACE TO PARK SO THEY CAN MORE EASILY USE THE PARK FACILITY. THE ENTRY AND EXITS TO THE PROPOSED PARKING LOT WOULD ALL BE FROM THE 8th STREET SIDE. IF THEY ARE ALLOWED TO BUILD THIS PARKING LOT, I BELIEVE THAT IT WILL CUT DOWN ON THE SIDE STREET PARKING LOT ON 7th STREET AND GREATLY REDUCE THE TRAFFIC UP AND DOWN 7th STREET. THE USE OF THE LAND FOR THE PARK WAS DONATED TO THE CITY OF LA PORTE, BY THE FRATERNAL ORDER OF EAGLES. The State of Texas County of Harris Before me, a Notary Public, on this day personally appeared James L. Christie , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for purpose and consideration therein expressed. Given under my hand and seal of office this Fourth day of November . A.D. 1987 ,pf'11118eq, �'t AR Y A ��''•, ee oe I�� •epeeeeo••® '�� ®B� OF i�P'�• I%' R MOCKETT Notary Publr., Si,to of T xss 'My Commission Expires 2/+ -'9 CITY OF LA PORTE i" APPLICATION FOR ------�`�-i---r -------------- ZOIlE-CHnnIGE-REQUEST------------------------ Application No.: 6 1-- 0 OFFICE USE ONLY: Fee: $100.00 Date Received:' � Receipt No.: C-4 Site Plan ( ) Hinor Development Site Plan ( Major Development Site Plan ( ) General Plan � �f 1 ( ) Site Plans Submitted on 23 APPLICANT'S NAME: LpRn3� Annl gate Address: P 0 Box 772; LaPorte. Tx 77571 P 471 3351 Date: 4-16-87 Signature: 'CLAIJ OWNER'S NAME: Rnyshore Aerie ##2753 of the Fraternal Or'de'r4Lof Eales. Address: gnl 4nni-h 8th St_ TaPnrtP, Texas PH: 4� Legal Description of Property /� 1y� Lt5 17-3Z; L,!? (, 'See Attached I AM THE 014NER OF THE HEREIN DESCRIBED PROPERTY AND -,Apple® IS AUTHORIZED TO FILE THIS APPLICATION ON, fl . BEHALF. Date: a3h-g7 Signature: l.0 x W R Crockett,Secretary Aerie 2753 Zone Requested Zone Change' No Proposed Usage Parking lot only with no access on 7th Street. 1 -- OFFICE USE ONLY 1.) Owner(s) of property within 200 ft. of tract in question: EMPLOYEE OF THE QUARTER SEPTEMBER, OCTOBER, NOVEMBER, 1987 Stan Minor has been an employee of the City for 7 years. His "can do" attitude has been very valuable to his department and to the City. Stan needs very little supervision and can be relied on to do a quality job on any task he is assigned, and often finds work to do even when not assigned specific jobs. Stan's assistance in cleaning the fairways and greens of the golf course saved the City a large amount of money that otherwise would have been paid to a private contractor. Stan's foreman on this job praised Stan's work and his professionalism many times. Stan worked many long, hard hours with no complaints, and was willing to do anything asked of him to make the golf course construction a success. For these reasons, we are proud to name Stan Minor as Employee of the Quarter for September, October, and November, 1987. REQUEST AhR CITY COUNCIL AGENDA ITEe Agenda Date Requested: 1-11-88 Requested By: Jeff Litchfield Department: Finanr-a x Report Resolution Exhibits: Ordinance The City of La Porte has recently received the Certificate of Achievement for excellence in Financial Reporting for it's Financial Statements issued for the fiscal year ended September 30, 1986. The Certificate of Achievement for Excellence in Financial Reporting is the highest form of recognition in the area of governmental financial reporting, and its attainment represents a significant accomplishment by a government and its management. This is the sixth consecutive year the City has received the award. There were 61 municipalities in Texas and 532 nationwide that received the award in 1986. The mayor should present the award to the accounting staff and commend them on a job well done. The City will submit its 1987 Financial Statements for the award. In addition, the City will prepare its 1988-89 Budget for submission of the Award for Distinguished Budget Presentation. Action Required by Council: Mayor should present award to accounting staff. Availability of Funds: General Fund Capital Improvement Other Account Number: Water/Wastewater General Revenue Sharing Funds Available: _ YES _ NO Annroved for City Council Agenda (,yp Robert T. Herrera DATE City Manager ORDINANCE NO. 1:1.3 AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOTS 17-20, BLOCK 66,La Porte TRACT, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT EVERLENA THORTON IS THE RECORD OWNER SAID PROPERTY; ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL OF SAID PREMISES BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Sections 8-115 through 8-126 of the Code of Ordinances of the City of La Porte, creating a Board of Inspection to be composed of the Building Inspector or his duly authorized representative, the Fire Chief or his duly authorized representative, and the Fire Marshal or his duly authorized representative; and WHEREAS, Section 8-118(a) of said Sections provide that, whenever it shall come to the attention of the Board of Inspection or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a 0 • Page 2. Ordinance complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall, within twenty-four (24) hours of the receipt of said complaint, make a thorough inspection of said alleged dangerous building; and WHEREAS, Section 8-118(c) provides that, after the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall immediately report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and WHEREAS, it has heretofore come to the attention of the Board of Inspection that the buildings located on Lots 17-20; Blk. 66, La Porte Tract, Harris County, Texas and further described on the attached exhibit"A", have for the reason of neglect or misuse, been allowed to deteriorate into a condition of decay or partial ruin or have become fire hazards, as defined in Section 8-117 of the Code of Ordinances of the City of La Porte; and WHEREAS, said Board of Inspection has heretofore made and filed its written report, dated November 11, 1987, finding said building to be in fact dangerous buildings; WHEREAS, City Council received such report, and ordered notice to the record owner of said property, EVERLENA THORTON, whose address is PO Box 171, La Porte, Texas 77571 that a hearing as provided in Section 5 of said Ordinance would be held at 604 West Fairmont Parkway, at the Council • • Page 3. Ordinance Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice of said hearing upon said owner, by registered mail, return receipt requested, which return receipt indicates that said owner received said notice on December 7, 1987, a date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions ofthe Board of Inspection; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and WHEREAS, City Council entered its order on November 24, 1987 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the findings and orders of the City Council of the City of La Porte, and its conclusions, based upon the evidence presented at said hearing. 0 • Page 4. Ordinance Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board of Inspection, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building to be a nuisance, and orders such building condemned. Section 4. The City Council hereby finds, determines and declares that EVERLENA THORTON, who resides at PO Box 171, La Porte, Texas 77571, is the record owner of the property on which these buildings are situated, and as such record owner, the said EVERLENA THORTON has been duly and legally notified of these proceedings. Section 5. The City Council hereby orders the said EVERLENA THORTON to entirely remove or tear down such buildings, and further orders the said EVERLENA THORTON to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete such removal or demolition of such building within a reasonable time. Section 6. The City Council hereby orders the Board Inspection of the City of La Porte to cause a notice of the dangerous, insanitary condition of the buildings to be affixed in one or more conspicuous places on the exterior of the buildings, which notice or shall not be removed or defaced by any person, under penalty of law. Section 7. The City Council hereby order the City Secretary to forward a certified copy of this Ordinance, to the 0 • Page 5. Ordinance record owner of said property, the said EVERLENA THORTON, by registered mail, return receipt requested. Section 8. Should the said EVERLENA THORTON not comply with the orders contained in this Ordinance relating to the removal or demolition of such buildings within ten (10) days after service hereof, then the Board of Inspection of the City of La Porte shall enter upon said premises with such assistance as it may deem necessary, and cause the said buildings to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said EVERLENA THORTON record owner of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said Board of Inspection shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building, and made a lien thereon. Section 9. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statuses Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. • Page 6. Ordinance Section 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 11 day of January 87. CITY OF LA PORTE M ATTEST: City Secretary APPROVED: City Attorney Mayor ORDINANCE NO. AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOTS 1-2, BLOCK 80,La Porte TRACT, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT Joseph L. Thibodeaux IS THE RECORD OWNER SAID PROPERTY; ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL OF SAID PREMISES BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Sections 8-115 through 8-126 of the Code of Ordinances of the City of La Porte, creating a Board of Inspection to be composed of the Building Inspector or his duly authorized representative, the Fire Chief or his duly authorized representative, and the Fire Marshal or his duly authorized representative; and WHEREAS, Section 8-118(a) of said Sections provide that, whenever it shall come to the attention of the Board of Inspection or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a • • • Page 2. Ordinance complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall, within twenty-four (24) hours of the receipt of said complaint, make a thorough inspection of said alleged dangerous building; and WHEREAS, Section 8-118(c) provides that, after the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall immediately report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and WHEREAS, it has heretofore come to the attention of the Board of Inspection that the building located on Lots 1-2; Blk. 80, La Porte Tract, Harris County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate into a condition of decay or partial ruin or has become a fire hazard, as defined in Section 8-117 of the Code of Ordinances of the City of La Porte; and WHEREAS, said Board of Inspection has heretofore made and filed its written report, dated November 11, 1987, finding said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner of said property, Joseph L. Thibodeaux, whose address is 323 North 5th, La Porte, Texas, 77571-3429 that a hearing as provided in Section 5 of said Ordinance would be held at 604 West Fairmont Parkway, at the Council • • Page 3. Ordinance Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice of said hearing upon said owner, by registered mail, return receipt requested, which return receipt indicates that said owner received said notice on December 17, 1987, a date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions ofthe Board of Inspection; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and WHEREAS, City Council entered its order on November 24, 1987 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the findings and orders of the City Council of the City of La Porte, and its conclusions, based upon the evidence presented at said hearing. • Page 4. Ordinance Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board of Inspection, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building to be a nuisance, and orders such building condemned. Section 4. The City Council hereby finds, determines and declares that Joseph L. Thibodeaux, who resides at 323 North 5th, La Porte, Texas, 77571-3429, is the record owner of the property on which this building is situated, and as such record owner, the said Joseph L. Thibodeaux has been duly and legally notified of these proceedings. Section 5. The City Council hereby orders the said Joseph L. Thibodeaux to entirely remove or tear down such building, and further orders the said Joseph L. Thibodeaux to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete such removal or demolition of such building within a reasonable time. Section 6. The City Council hereby orders the Board Inspection of the City of La Porte to cause a notice of the dangerous, insanitary condition of the building to be affixed in one or more conspicuous places on the exterior of the building, which notice or shall not be removed or defaced by any person, under penalty of law. Section 7. The City Council hereby order the City Secretary to forward a certified copy of this Ordinance, to the Page 5. Ordinance record owner of said property, the said Joseph L. Thibodeaux, by registered mail, return receipt requested. Section 8. Should the said Joseph L. Thibodeaux not comply with the orders contained in this Ordinance relating to the removal or demolition of such building within ten (10) days after service hereof, then the Board of Inspection of the City of La Porte shall enter upon said premises with such assistance as it may deem necessary, and cause the said building to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said Joseph L. Thibodeaux record owner of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said Board of Inspection shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building, and made a lien thereon. Section 9. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statuses Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. - Page 6. Ordinance Section 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 11 day of January 87. CITY OF LA PORTE M ATTEST: City Secretary APPROVED: City Attorney Mayor ORDINANCE NO. AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOTS 9-10, BLOCK 89,La Porte TRACT, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT Alvin Mayshaw IS THE RECORD OWNER SAID PROPERTY; ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL OF SAID PREMISES BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Sections 8-115 through 8-126 of the Code of Ordinances of the City of La Porte, creating a Board of Inspection to be composed of the Building Inspector or his duly authorized representative, the Fire Chief or his duly authorized representative, and the Fire Marshal or his duly authorized representative; and WHEREAS, Section 8-118(a) of said Sections provide that, whenever it shall come to the attention of the Board of Inspection or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a • • Page 2. Ordinance complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall, within twenty-four (24) hours of the receipt of said complaint, make a thorough inspection of said alleged dangerous building; and WHEREAS, Section 8-118(c) provides that, after the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall immediately report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and WHEREAS, it has heretofore come to the attention of the Board of Inspection that the building located on Lots 9-10; Blk. 89, La Porte Tract, Harris County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate into a condition of decay or partial ruin or has become a fire hazard, as defined in Section 8-117 of the Code of Ordinances of the City of La Porte; and WHEREAS, said Board of Inspection has heretofore made and filed its written report, dated November 11, 1987, finding said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record. owner of said property, Alvin Mayshaw, whose address is 422 N. 4th, La Porte, Texas 77571 that a hearing as provided in Section 5 of said Ordinance would be held at 604 West Fairmont Parkway, at the Council • • Page 3. Ordinance Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice of said hearing upon said owner, by registered mail, return receipt requested, which return receipt indicates that said owner received said notice on December 18, 1987, a date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Counc.il met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions ofthe Board of Inspection; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and WHEREAS, City Council entered its order on November 24, 1987 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the findings and orders of the City Council of the City of La Porte, and its conclusions, based upon the evidence presented at said hearing. • • Page 4. Ordinance Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board of Inspection, in full, and incorporates such by reference herein as fully as though set out herein. Section �. The City Council hereby finds, determines and declares such building to be a nuisance, and orders such building condemned. Section 4. The City Council hereby finds, determines and declares that Alvin Mayshaw, who resides at 422 N. 4th, La Porte, Texas 77571, is the record owner of the property on which this building is situated, and as such record owner, the said Alvin Mayshaw has been duly and legally notified of these proceedings. Section 5. The City Council hereby orders the said Alvin Mayshaw to entirely remove or tear down such building, and further orders the said Alvin Mayshaw to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete such removal or demolition of such building within a reasonable time. Section 6. The City Council hereby orders the Board Inspection of the City of La Porte to cause a notice of the dangerous, insanitary condition of the building to be affixed in one or more conspicuous places on the exterior of the building, which notice or shall not be removed or defaced by any person, under penalty of law.. Section 7. The City Council hereby order the City Secretary to forward a certified copy of this Ordinance, to the • • Page 5. Ordinance record owner of said property, the said Alvin Mayshaw, by registered mail, return receipt requested. Section 8. Should the said Alvin Mayshaw not comply with the orders contained in this Ordinance relating to the removal or demolition of such building within ten (10) days after service hereof, then the Board of Inspection of the City of La Porte shall enter upon said premises with such assistance as it may deem necessary, and cause the said building to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said Alvin Mayshaw record.owner of said. property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said Board of Inspection shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building, and made a lien thereon. Section 9. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statuses Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. • • Page 6. Ordinance Section 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 11 day of January 87. CITY OF LA PORTE Mayor ATTEST: City Secretary APPROVED: City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 11, 1988 Requested By: J. Albrecht Department: Comm. Development Report Resolution X Ordinance Exhibits: Ordinance 15`q Required Ordinance Backup Material I SUMMARY & RECOMMENDATION Barbour's Cut Imports, Inc., currently operates an automobile preparation and storage yard service on Barbour's Cut Blvd. They wish to expand this operation so that an addition storage yard area may be paved and used in the business. The attached ordinance closes certain streets and alleys foar Barbour's Cut Imports, Inc. A representative of the Company will be in attendance at -the meeting on January 11 to present a check to cover cost of the property. Action Required by Council: Adoption of Ordinance 1571 Availability of Funds: N/A General Fund Capital Improvement Other Account Number: Water/Wastewater General Revenue Sharing Funds Available: _ YES _ NO Appp�pr^^ove��d.. for City Council Agenda Robert T. Herrera DATE City Manager CITY OF LA PORTE 0 8/15/87 APPLICATION FOR THE CLOSING OF STREETS AND ALLEYS Date I, the undersigned owner Barbour's Cut Import Service, inc of (or option holder, etc) the following described real property located within the City of La Porte, Texas, hereby request and make application under the terms of Ordinance Number 1550 for the vacating, abandoning and closing of the following Streets and/or Alleys: LEGAL DESCRIPTION OF STREETS AND/OR ALLEYS Street(s) See attached legal description Alley(s) See attached legal description REASON FOR REQUEST Expansion of business (additional storage yard area) Plot Plan Attached Yes Proof of Ownership Yes Submitted herewith is an application fee of $100.00. Signature of Applicant Address Telephone Number APPRAISAL INFORMATION HCAD Prime Rate $ /sq. ft. Average of HCAD Prime Rate Appraisal of Adjoining Tracts of Land: .1sq. ft. (See sketch at right) Concurrence of Revenue Controller:_( ` %L4.( A,1 r, f L %',z (Signature) *Fee to be Collected by City per terms of Ord. 1550 �S'•4�0 sq. ft x �. 3 sq. ft x 150% _ / 7� %/�• 'a ACTION//�� Recommended action to City Council a,2, City Council Action Date Ordinance No. dated 'Ordinance 1550 provides for an independent fee appraisal, at the applicant's expense, if either the applicant or the City Manager do not agree on the result obtained. ORDINANCE NO. S r AN ORDINANCE VACATING, ABANDONING AND CLOSING CERTAIN ALLEYS, AND PORTIONS OF CERTAIN STREETS, IN THE CITY OF LA PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by the record owner of all of the property abutting the hereinafter described streets and alleys, in the City of La Porte, to vacate, abandon and permanently close the hereinafter described streets and alleys; and WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine and declare that the hereinafter described portions of said streets and alleys are not suitable, needed or beneficial to the public as public roads or streets, and that the closing of the hereinafter described streets and alleys is for the protection of the public and for the public interest and benefit, and that the hereinafter described portions of said streets and alleys should be vacated abandoned and permanently closed; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAPORTE: Section 1. Under and by virture of the power granted to the City of La Porte under its Home Rule Charter and Chapter 13, Title 28, Article 1175, of the Revised Civil Statutes of the State of Texas, 1925, the hereinafter described alleys, and the hereinafter described portions of streets, are hereby permanently vacated, abandoned and closed by the City of La Porte, to -wit: TRACT I: That portion of North 6th Street in the City of LaPorte, lying and being situated between Outlot 6 and Outlot 7, NEBRASKA SYNDICATE SUBDIVISION, in the Johnson Hunter Survey, A-35, LaPorte, Harris County, Texas, being 60' in width, and extending from the South right-of-way line of North "H" Street, crossing the 60' right-of-way of North "G" Street, to the extended South property line of Lot 14, Block 7-B, NEBRASKA SYNDICATE SUBDIVISION, and being a tract of land 60' in width and 790' in length, and containing 47,400 square feet. TRACT II: All of the alley in Block 7-C, NEBRASKA SYNDICATE SUBDIVISION, LaPorte, Harris County, Texas, being a tract of land 16' in width and 400' in length, and containing 6,400 square feet. TRACT III: That portion of the right-of-way of North "G" Street, being 60' in width, and lying and being situated between Block 7-C, NEBRASKA SYNDICATE SUBDIVISION, LaPorte, Harris County, Texas, and Block 7-B, NEBRASKA SYNDICATE SUBDIVISION, LaPorte, Harris County, Texas, and between the East right-of-way line of North 6th Street and the West right-of-way .line of North 5th Street in the City of LaPorte, and being a tract of land 60' in width and 266' in length, and containing 15,960 square feet. TRACT IV: All of the alley in Block 7-B, NEBRASKA SYNDICATE SUBDIVISION, LaPorte, Harris County, Texas, being a tract of land 16' in width and 380' in length, and containing 6,080 square feet. • 0 ORDINANCE 110. , Page 2 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 ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED, this the 11th day of January, 1988. CITY OF LAPORTE BY Norman Malone, Mayor ATTEST: Cherie Black, City Secretary APPROVED: Knox W. Askins, City Attorney City of La City Hall P. O. Box La Porte, Gentlemen: • 700 BARBOURS c/o BARBOURS CUT P. O. LA PORTE, Porte 1115 Texas 77571 • CUT BLVD., LTD. IMPORT SERVICE, INC. BOX 1027 TEXAS 77571 May 13, 1987 Barbours Cut Import Service, Inc. has leased certain property from 700 Barbours Cut Blvd., Ltd., and from Bruce Angel, for the opera- tion of the automobile preparation and storage yard service area, for Barbours Cut Import Service, Inc., on Barbours Cut Blvd., in La Porte. In order to expand this operation, this application is made to the City of La Porte for the closing of certain streets and alleys, so that an additional storage yard area may be paved and used in the business of Barbours Cut Import Services, Inc. A plot plan, showing the streets and alleys to be vacated, abandoned and closed, prepared by H. Carlos Smith, Engineers and Surveyors, Inc., is attached hereto. Shaded in red on the plot plan is the street and alley area which we wish to have closed. An attorney's opinion letter is attached to this application. Also attached is a letter from Bruce Angel, waiving any rights which he has in this application, as to 6th Street, which his property abutts, in favor of our application. Also attached is a cashier's check payable to the City of La Porte, for $100.00 application fee. 700 Barbours Cut Blvd., Ltd., a Texas limited partnership, waives any personal claims for damages against the City of La Porte, and further agrees to save and hold harmless the City of La Porte, from any other claims that may arise against the City of La Porte in vacating, abandoning and closing the streets and alleys, or portions thereof, under this application. City of La Porte May 13, 1987 Thank you for your prompt attention to this request. KAR:klw Enclosures Page 2 700z s Cut By:Ct- Karl A. Ransleben, General Partner • May 13, 1987 City of La Porte City Hall P. 0. Box 1115 La Porte, Texas 77571 Gentlemen: 0 I am the owner of Outlot No. 6, Nebraska Syndicate Subdivision, Harris County, Texas, which abutts 6th Street in La Porte. It is my understanding that the owners of the west portion of Outlot 7, 700 Barbours Cut Blvd., Ltd., a Texas limited partnership, have made application for the closing of S. 6th Street. This letter will be my consent as owner of Outlot 6, to this street closing. However, I do not with to purchase any portion of the right- of-way of N. 6th Street from the City of La Porte, and I hereby waive any right which I may have to purchase the right-of-way and assign such rights to 700 Barbours Cut Blvd., Ltd., a Texas limited partner- ship. Yours very truly, Bruce Angel BA:klw ► • • KNOX W. ASKINS, J. D., P. C. ATTORNEY AT LAW JOHN D. ARMSTRONG, J.D. ASSOCIATE City of La Porte City Hall P. 0. Box 1115 La Porte, Texas 77571 Gentlemen: 702 W. FAIRMONT PARKWAY P. O. BOX 1216 LA PORTE, TEXAS 77571.1218 July 13, 1987 TELEPHONE 713 471.1888 This attorney's opinion letter is furnished in connection with the application by Bruce Angel and 700 Barbours Cut Blvd., Ltd., a Texas Limited Partnership, for the closing of certain streets and alleys in the City of La Porte. Based on examination of Deeds and Title Policies, fee simple title to the following described property is vested in Bruce Angel: Outlot No. Six (6), in the NEBRASKA SYNDICATE SUBDI- VISION in the Johnson Hunter Survey in the Townsite of La Porte, in Harris County, Texas, containing 11.688 acres, as set out in instrument recorded in Volume 83, Page 345, of the Deed Records of Harris County, Texas. SAVE AND EXCEPT that portion awarded to the County of Harris in Judgment dated September 6, 1974, recorded under County Clerk's File No. E-249686, Harris County, Texas, together with all improvements thereon situated. Based upon examination of Deed and Title Policy, fee simple title to the following described property is vested in 700 Barbours Cut Blvd., Ltd., a Texas limited partnership: Lots One (1) through Thirty-two (32), both inclusive, in Block Seven B (7-B); Lots One (1) through Thirty- two (32), both inclusive, in Block Seven C (7-C), all in the NEBRASKA SYNDICATE SUBDIVISION in the Johnson Hunter Survey in the Townsite of La Porte, Harris County, Texas, according to the map or plat thereof 0 City of La Porte July 13, 1987 El Page 2 recorded in Volume 725, Page 262, of the Deed Records of Harris County, Texas, and being a replat of Outlot Seven (7) of NEBRASKA SYNDICATE SUBDIVISION in the Johnson Hunter League, Abstract No. 35, Harris County, Texas, SAVE AND EXCEPT that certain 0.1148 acres of land twenty feet (20') in width in two parcels of the South side of Lot Seventeen (17) in Block Seven B (7-B), as conveyed to the County of Harris, by instru- ment recorded under County Clerk's File No. E-186327, Harris County, Texas and on the South side of Lot Six- teen (16), in Block Seven B (7-B), as conveyed to the County of Harris by instrument recorded under County Clerk's File No. E-217149, Harris County, Texas. Yours very t uly, Knox W. Askins KWA:klw 0 0 The Light company Houston Lighting & Power P. O. Box 597 Seabrook, Texas 77586 (713) 474-4151 September 9, 1987 Ms. Cherie Black, City Secretary City of La Porte Post Office Box 1115 La Porte, Texas 77571 re: Abandonment of portion of Sixth St., North G Street and Alleys - Revised Dear Ms. Black: The City has received a revised request from Barbours Cut Import Service, Inc to close a portion of Sixth Street, North G Street and alleys within Block 7B and 7C. Houston Lighting & Power Company has reviewed this request and determined that we have no facilities within the area to be abandoned. Therefore, we do not object to the revised request as filed. Sincerely, . L.�att District Manager JLW/jm Attachment v ENIEKP. 0. BOX 937, LA PORTE, TEXAS 77571 � c August 26, 1987 Cherie Black City Secretary City of La Porte P. 0. Box 1115 La Porte, Texas 77571 RE: Closing of streets and alleys in the City of La Porte, Harris County, per the request from Barbours Cut Imports Service, Inc. as listed in Tract 1,2,3 & 4 a total square footage of 75,84.0 rt. per attached instrument Dear Ms. Black: Entex, Inc. does not have any natural gas lines in said de- scribed streets and alleys as listed in Tracts 1,2,3 and 4. We hereby release and abandon our rights to the above de- scribed request, providing similar releases are obtained from the other utility companies having the right to the de- scribed streets and alleys. Sincerely, AV e-lf zioeaolt" A. C. Randall Manager, Entex, Inc. La Porte, Texas WCR/mld cc: John Brasher Jr. • Ms. Cherie Black City Secretary City of La Porte P. 0. Box 1115 La Porte, Texas 77571 Dear Ms. Black: • Southwestern Bell Telephone 2922 Plum Creek Suite 201 Houston, Texas 77087 September 2, 1987 Regarding your letter dated August 20, 1987, be advised that Southwestern Bell Telephone Company has no facilities in the area shown on the attached map. Southwestern Bell Telephone Company has no objections to the abandonment and closing of the aforementioned parcel of land. Any further requests for telephone service within this area will require easements or structures provided at the owner's expense and at no cost to the telephone company, to conform to any future development. Any further questions regarding this matter may be directed to Gail Dupree on (713) 641-7365. Respectfully, "".;A � Area Manager Engineering Design Attachment 0 HARTE-HANKS CABLE, HOUSTON REGION August 28, 1987 Cherie Black City of LaPorte P. 0. Box 1115 LaPorte, TX 77571 Dear Ms. Black: • 2910 Pasadena Freeway Pasadena, Texas 77506 (713)477-9347 In regard to your letter concerning the closing of portions of North "G" Street and Sixth Street off of Barbour's Cut Boulevard, please be advised that we do not have any facilities in this area, so the closing of these streets would not hinder us in any way. Thank you for notifying us of your intent. RG:gh Sincerely, Rusty Gibson A luu elmks coe+MUNicn m comp" (5) Furnish small plat (81/211 x 14!1 max.) of the proposed closings, the status of adjacent streets (open or closed), property owners adjacent to (or nearby and possible affected) the proposed closing. (6) Receipt of comments from Public Works. attached O Forwarded to City Secretary (7) Comments/Recommendatiop(s): City Engin�4r Forwar b or of Comm. Dev. City Council Action: by Date Department Updates Tax Maps 1" = 100, U. V. _ Copy of Ord. in log Files x — ref files Form Approved recto of Comm. Dev._ D to DATE • /`7&Y TILE 11: /5 X - REF:E5 UK,:2 C LW If"tpc T CASE: KEY MAP REFERENCE: - CITY OF LA PORTE , COMMUNITY DEVELOPMENT DEPARTMENT Checklist for Street & Alley/Easement Closing Requests: (1) Public Utilities (a) The City shall check for existing utilities in the ROW's, Alleys, or Easements --- ,_,__,__— (b) Other public utilities will be c -Necked by -the individual franchises; i.e. Entex, Bell Telephone,- HL&P, Cable TV (2) Effect on adjacent property and property in surrounding area. (Does the street closing request ttlandlock't or seriously diminish access of adjacent land?) _ (3) Effect on access -by fire and other emergency vehicles. (4) Review the closing request in regards to future needs (whether immediate or long-term) for: (a) Utilities (water or (sewer)f (b) Streets/Thoroughfares/Traffic Patterns* (c) (d) Other Comprehensive Plan Considerations: Land Use Plan • Thoroughfare* Utilities* Official Parks & Rec. Map Community Facilities Plan Safety Plan /ll��,T� .,y,, 4Tf��-7- I I C.4��noci�� RO. �./..4cq�c.�•s�o� 8.�zrss �'-oT ".11' —:1 .4:�V,Mu CITY OF LA PORTE 8/15/87• APPLICATION FOR THE CLOSING OF STREETS AND ALLEYS Date I, the undersigned owner Barbour's Cut Import Service, Inc. of (or option holder, etc) the following described real property located within the City of La Porte, Texas, hereby request and make application under the terms of Ordinance Number 1550 for the vacating, abandoning and closing of the following Streets and/or Alleys: LEGAL DESCRIPTION OF STREETS AND/OR ALLEYS Street(s) See attached legal description Alley(s) See attached legal description REASON FOR REQUEST Expansion of business (additional storage yard area) Plot Plan Attached Yes Proof of Ownership Yes Submitted herewith is an application fee of $100.00. Signature of Applicant Address Telephone Number APPRAISAL INFORMATION HCAD Prime Rate $-4z? /sq. ft. Average of HCAD Prime Rate Appraisal of Adjoining Tracts of Land: .fj�_/sq. ft. (See sketch at right) el Concurrence of Revenue Controller: �),AVIAI �JJ'� (Signature) *Fee to be Collected by City per terms of Ord. 1550 F, F4 0 sq . ft x i�3 sq. ft x 150% - V 7 21 &f 9/b •j'a ACTION Recommended action to City Council 1%ae aAoiV -'4- 'g City Council Action Date Ordinance No. dated *Ordinance 1550 provides for an independent fee appraisal, at the applicant's expense, if either the applicant or the City Manager do not agree on the result obtained. REST FOR CITY COUNCIL AGER ITEM Agenda Date Requested: January 11, 1988 Requested By: R. Herrera Department: Administration Report Resolution X Ordinance Exhibits: Letter from Texas Water Development Board Resolution 88-1 SUMMARY & RECOMMENDATION A letter from the Texas Water Development Board has been received informing us that in order to change the legal authorized representative as a signatory agent for grant projects, a resolution must be passed by the governing body and sent to the TWDB. The attached resolution complies with this mandate. Action Required by Council: Approve Resolution 88-1 Availability of Funds: N/A General Fund Capital Improvement Other Account Number: Water/Wastewater General Revenue Sharing Funds Available: — YES _ NO Approved for City Council Agenda 96" —1, 1 -� Robert T. Herrera DATE City Manager Louie Welch, Chairman Stuart S. Coleman, Vice Chairman George W. McCleskey, Member Mr. Bob Herrera, City Manager City of La Porte P.O. Box 1115 La Porte, Texas 77571 Re: C-481176 City of La Porte Dear Sir: M. Reginald Arnold II Executive Administrator December 14, 1987 Glen E. Roney, Member Thomas M. Dunning, Member Charles W. Jenness, Member DEC ' 5 1987 It has come to our attention that the signatory agent for the above - referenced grant project has changed. Our records indicate that the authorized representative is Jack Owen, City Manager. To change the legal authorized representative, the Texas Water Development Board must be notified that the governing body has passed a resolution designating a new representative. Enclosed is a resolution for your signature. Your assistance in this matter will be greatly appreciated. Sin"rely, obert S. K11nker, Chief riority Management Section Construction Grants Division Enclosure cc: EPA, Region VI KM/ks P. O. Box 13231 Capitol Station • Austin, Texas 78711-3231 • Area Code 512/463-7847 1700 N. Congress Avenue CG -15 TEXAS (Rev. 4/4/84) RESOLUTION WHEREAS, the deem it necessary (Legal name of Applicant) and proper to apply for Federal grant assistance under the Federal Water Pollution Control Act and the rules and regulations pursuant thereto. NOW, THEREFORE, BE IT RESOLVED by the above-named Applicant that , as the Signatory Agent of the (Name and Title of Signatory gent Applicant, or the successor of said Agent, is hereby authorized and directed to make application for grant assistance under the Federal Water Pollution Control Act and the rules and regulations pursuant thereto, specifically 40 CFR § 30.315-1 or § 30.303; and to sign the acceptance of the grant assistance, when made, and any other documents required to complete the project, on behalf of the above-named Applicant. PASSED, APPROVED, AND ADOPTED this (SEAL) ATTEST: (Signature of Secretary, City Clerk, etc. day of , 19 Signature and Title of Governing Body Official) RESOLUTION NO. 88-1 WHEREAS, the City of La Porte deems it necessary and proper to apply for Federal grant assistance under the Federal Water Pollution Control Act and the rules and regulations pursuant thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS THAT Robert T. Herrera, City Manager of the City of La Porte, as the Signatory Agent of the Applicant, or the successor of said Agent, is hereby authorized and directed make application for grant assistance under the Federal Water Pollution Control Act and the rules and regulations pursuant thereto, specifically 40 CFR 30.315-1 or 30.303; and to sign the acceptance of the grant assistance, when made, and any other documents required to complete the project, on behalf of the above-named Applicant. PASSED AND APPROVED this the 11th day of January, 1988. CITY OF LA PORTE Norman L. Malone, Mayor ATTEST: Cherie Black, City Secretary GUEST FOR CITY COUNCIL AGE& ITEM Agenda Date Requested: January 11, 1988 Requested By: K. Askins Department: Legal Report Resolution X Ordinance Exhibits: Letter from State Department of Highways & Public Transportation Resolution 88-2 SUMMARY & RECOMMENDATION The City has received notice from the State Department of Highways & Public Transportation that, in order for Police Vehicles to use regular exempt license plates, City Council must pass a resolution requesting the State Department of Highways & Public Transportation to issue such plates upon proper application. Further, the resolution must also authorize a person to -sign such forms and applications. This applies to both original applications and applications for renewal of license plates. The attached resolution complies with the request of the State Department of Highways and Public Transportation. Action Required by Council: Passage of Resolution 88-2 Availability of Funds: N/A General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: Funds Available: YES NO Approved o City Council Agenda Robert T. Herrera DATE City Manager RESOLUTION NO. 88-2 WHEREAS, the City of La Porte Police Department Personnel often performs official duties requiring the use of unmarked cars; and WHEREAS, the unmarking of said cars is made at the discretion of the City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS Section 1. That the vehicles used by La Porte Police Department are exempt under V. C. S. 6701m-2 when used in the performance of official duties. Section 2. Be it further resolved that the City Council of the City of La Porte requests the State Department of Highways & Public Transportation to issue regular plates upon proper application. Section 3. Be it further resolved that the person authorized to sign forms required for such registration applications is the City Secretary of the City of La Porte. Section 4. This Resolution shall be in effect from and after its date of passage. PASSED AND APPROVED this the 11th day of January, 1988. CITY OF LA PORTE Norman L. Malone, Mayor ATTEST: Cherie Black, City Secretary APPROVED: Knox Askins, City Attorney COMMISSION ROBERT H. DEDMAN, CHAIRMAN JOHN R. BUTLER, JR. RAY STOKER, JR. City of LaPorte P. 0. Box 1115 LaPorte, Texas Dear Sir: 0 0 STATE DEPARTMENT OF HIGHWAYS ENGINEER -DIRECTOR AND PUBLIC TRANSPORTATION R. E. STOTZER, JR. DIVISION OF MOTOR VEHICLES AUSTIN, TEXAS Wn!II- 001 December 14, 1987 PD IN REPLY REFER TO D12-7 77571 Re: Exempt License Plates Your application for registration requesting regular plates for exempt vehicles is being returned. Article V. C. S. 6701m-2 provides for an exception to the identification of city and county owned vehicles. The law provides that the identification provision does not apply to automobiles used by Police, Sheriff's and Constable's Departments, District Attorney or Juvenile Probation Departments, when the vehicles are used for performing official duties and when the unmarking is made at the discretion of the city council or commissioners court, whichever is applicable. The resolution or the commissioner's court order should state that the governing body resolves that vehicles used by LaPorte Police Department are exempt under V. C. S. 6701m-2 when used in the performance of official duties. Further, the governing body requests The State Department of Highways & Public Transportation to issue regular plates -upon proper application. The resolution or court order should include the name of the person authorized to sign the forms required for this type of registration. LaPorte Police Department Page Two December 14, 1987 In closing, please remember registration and title information is available to the public by vehicle identification number. If you need further help, please contact us at (512) 465-7646, extension 7064 or 7063. Sincerely, Dian K. Neill, Director Division of Motor Vehicles W& :D - pm' PJm. D. Pool Chief Supervisor Special Plates Section WDP:jb Enclosure • • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: JANUARY 4, 1988 Requested By: CHARLES E. SMITH Department: POLICE X Report Exhibits: CONTRACT ENCLOSED. Resolution SUMMARY & RECOMMENDATION Ordinance The SETCIC system is a computer system maintained by Harris County to improve law enforcement in its jurisdiction by arresting persons within its jurisdiction which have outstanding warrants of arrest which will be placed into the computer system. Most of the cities in Harris County belong to the systpm and at this time I am requesting the Council's permission to enter into a contract with Harris County to enter our outstanding warrants into the system. Basically this amounts to: (1). We enter our outstanding warrants into the computer system. All the cities and Harris County will have access to the system. When any department makes a traffic stop, arrest, & etc. they will check with the system and ascertain if the person is outstanding in the computer, if so the department in which the person is wanted will be notified and the department will pick up the subject on the warrant. I recommend the council approve the contract and the setting up on the system as it was approved in the 1987-88 budget. Action Required by Council: Approval to expend the monies approved by council for this proiect. Availability of Funds: X General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: 015 600 606 824 Funds Available: X Yes No Approved for City Council Agenda Q�N" T. �4 Robert T. Herrera City Manager t to - Date JUSTICAFORMATION MANAGEMENT SYSTEV .4 OF 406 CAROLINE, 2ND FLOOR, HOUSTON, TEXAS 77002, (713) 221-6929 a� }ati DECEMBER 9, 1987 4rF OF (� Ms. Elaine Bonner La Porte Police Department 915 S. 8th Street La Porte, Texas 77571 Ms. Bonner: JIMMY W. RAY, CDP, CSP DIRECTOR MICHAEL J. SHANNON ASSISTANT DIRECTOR Enclosed you will find (2) copies of the SETCIC contract for La Porte. Please have both agreements signed by the appropriate individuals and return (1) signed copy to the JIMS Department. Since you are to be a FULL SERVICE agency, the annual $3,000.00 fee is due upon the return of your signed contract. Please note PAGE 3 - SECTION III of the attached contract which states the contract will remain in effect until the agency gives written notice to terminate. Therefore, instead of going through the contract process every year, all full service agencies will receive a renewal letter pertaining to the $3,000.00 participation fee. Sincerely, Jimmy W. Ray SOUTH EAST TEXAS CRIME INFORMATION CENTER ANNUAL FEES: $ 3,000.00 ENTRY FEE: EACH WARRANT .20 DEC.22,1987 OUTSTANDING WARRANTS 1740 $ 348. MONTHLY FEE: 3.00 (EACH WARRANT SERVED BY ANOTHER DEPARTMENT.) WARRANTS CLEARED BY LPPD N/C THE SETCIC SYSTEM WILL WORK THROUGH TCIC/NCIC COMPUTER SYSTEM. HARRIS COUNTY S.O. CHECKS ALL PRISONERS AND VISITORS THROUGH THE SYSTEM FOR WANTS/WARRANTS. THE JIMS SYSTEM WHICH CONSIST OF: PAWN SHOP ALL DATA, FROM HARRIS COUNTY AND OTHER DEPARTMENTS ON THE SYSTEM, PAWN SHOP ENTRY CAN BE CHECKED BY OUR DEPT. AND THEY CAN CHECK OURS ALSO. ALL DATA ON PRISONERS HANDLED BY HARRIS COUNTY S.O., STATUS AN/OR DISPOSITION OF CASE. INTERFACE WITH DATA GENERAL: PHONE LINE $100.00 2 MODEM 109.00 3270 EMULATOR SDLC LIC. 1650.00 DSNA 1755.00 A G R E E M E N T THE STATE OF TEXAS COUNTY OF HARRIS 1p THIS AGREEMENT, made and entered into by and between HARRIS COUNTY, hereinafter referred to as the "County," acting herein by and through its County Judge, pursuant to an order duly passed by the Commissioners Court of the County, and the City of La Porte, a body politic and corporate, organized and existing by virtue of the laws of the State of Texas, hereinafter referred to as the "Participating Agency, acting herein by and through its duly authorized officers, pursuant to a valid resolution of its governing body, W I T N E S S E T H: WHEREAS, the Sheriff and the Constables of the County in conjunction with the Justice Information Management System ("JIMS") and the County Data Services Department, as a computer resource utility, maintain records of outstanding criminal warrants issued for the arrest of defendants charged with or convicted of felony and/or misdemeanor offenses in the County; and WHEREAS, the County desires to have more of its outstanding warrants executed by making such warrant information available to other law enforcement agencies and has implemented a computer system known as the SouthEast Texas Crime Information Center (11SETCIC11) to accomplish the aforesaid purpose; and WHEREAS, the Participating Agency desires to improve law enforcement within its jurisdiction by arresting persons within its jurisdiction which have outstanding warrants of arrest as contained in the said computer system; and WHEREAS, the County and the Participating Agency, pursuant to the provisions of the Interlocal Cooperation Act, TEX. REV. CIV. STAT. ANN. art. 4413(32c) (Vernon Supp. 1984), have determined that it would be in the best interest of the County and the Participating Agency and the citizens and inhabitants thereof, for the Participating Agency's law enforcement branch to have access to SETCIC for the purpose of storing and retrieving information regarding outstanding warrants of arrest held by the County, the Participating Agency and other participants; NOW, THEREFORE, in consideration of the mutual covenants, agreements and benefits to both parties it is agreed as follows: Harris County Standard Form -Full SETCIC Contract --Stand Alone 0 I. IV The County agrees to provide the Participating Agency's law enforcement branch with access to and use of the information maintained by SETCIC as a full-service participant as said term is defined in Policies attached, Attachment "A." II. The Participating Agency agrees to do the following: A. Abide by the rules, regulations, policies and procedures governing SETCIC, having been promulgated by the JIMS Executive Board and attached hereto as Attachment "A". B. Work in concert with other participants in SETCIC in the service of outstanding criminal.warrants, C. Work in concert with the County's JIMS in maintaining and improving SETCIC; D. Use its existing stand-alone terminal device and printer as connected to the Texas Department of Public Safety communication switcher installation in Austin to provide its access to SETCIC; E. Provide JIMS with its current Texas Law Enforcement Telecommunications System Mnemonic Address to facilitate return communications; F. Maintain existing equipment and circuits to the Department of Public Safety communication switcher installation in Austin; and G. Remit the amount of $3000.00 for annual access charge. In addition, full-service participants will be assessed a monthly fee by invoice amounting to the prevailing per -warrant fee multiplied by the number of warrants served or "located" by an agency other than the agency originating the warrant plus the prevailing per - warrant -entered fee (see Attachment "B"). SETCIC--SA Full, p. 2 • Upon execution of this Agreement, the County shall furnish the Participating Agency's law enforcement branch a list of transaction codes and/or system message key mnemonics to enable authorized terminal operators to obtain access to SETCIC and modify or delete its own data in SETCIC. The Participating Agency shall designate in writing the names and addresses of all authorized terminal operators who shall be trained by the JIMS Training Section. Use of SETCIC by a person or persons not certified as trained by JIMS Training Section shall be grounds for termination of this Agreement pursuant to Paragraph IX below. The term of this Agreement shall be perpetual, beginning on the date of execution which is written just above the signatures below, and shall remain in force until either party give thirty (30) days written termination notice to the other party or until this Agreement is terminated pursuant to Paragraph IX below. IV. It is expressly understood and agreed that the Participating Agency's law enforcement branch shall have access only to the information available to them through the transaction codes and/or system message key mnemonics provided to them by the County, for law enforcement purposes only, and to no other computer data without the express consent. of the- County. Further, it is understood that the dissemination or release of confidential information to any law enforcement agency, peace officer or individual shall be governed by local, state and/or federal rules, regulations, statutes, or judicial decisions. V. The Participating Agency shall have access to SETCIC twenty- four (24) hours a day, each and every day of the week. The County shall not be liable for any inability of the Participating Agency's law enforcement branch to obtain access due to maintenance, break downs, and other causes beyond the control of the County. In the event that the capacity of SETCIC is inadequate to meet the needs of the Participating Agency and the County, the rights of the County shall prevail. VI. The County does not guarantee the accuracy or timeliness of the information contained in SETCIC and in the event of mistake or inaccuracy, the County shall bear no liability. Further, the Participating Agency agrees to verify the accuracy of the records with the office of the appropriate law enforcement agency which has SETCIC--SA Full, p. 3 in its possession the original warrants of arrest. FAILURE TO VERIFY WITH EACH LAW ENFORCEMENT AGENCY PRIOR TO THE EXECUTION OF THE WARRANT OF ARREST SHALL BE GROUNDS FOR TERMINATION OF THIS AGREEMENT. Further, such failure shall relieve the County of any and all liability which may arise as the result of an inaccurate and/or incomplete record. VII. The Participating Agency hereby agrees that the Participating Agency is responsible for the acts or failure to act of its employees, agents or servants in regard to any use (authorized or unauthorized) of the Participating Agency's terminal and/or printer by the Participating Agency or any person; provided however, such responsibility shall be subject to the terms, provisions and limitations of the Constitution and laws of the State of Texas, particularly the Texas Tort Claims Act. VIII. The Participating Agency agrees to keep the Participating Agency's terminal and printer functioning at an acceptable level as determined by the County so as not to interfere with SETCIC. Failure to do so shall be grounds for termination. IX. The County reserves the right to terminate this Agreement immediately in the event of any or all of the following: A. Use of the Participating Agency's computer terminal and/or printer to obtain information from SETCIC by any person who has not been assigned a password, or otherwise authorized, by JIMS; B. Any attempt to gain access to information in SETCIC which is not authorized by JIMS; C. The event that the computer capacity of SETCIC is inadequate to meet the computer needs of both the County and the Participating Agency and that such condition continues for a period of thirty (30) days; D. Violation of the rules, regulations, policies and/or procedures established by the JIMS Executive Board (Attachment A); SETCIC--SA Full, p. 4 El L -J E. Failure to remit, upon execution of this Agreement, the annual and/or monthly usage fees within thirty (30) days of issuance of invoice of charges. X. The County reserves the right to modify or delete County information contained in SETCIC and that which is available to the Participating Agency and/or to change the transaction codes and programs from time to time. Prior to any change affecting the Participating Agency the County shall give written notification to the Director of the law enforcement branch of the Participating Agency of any such change not less than ten (10) days before said change shall become effective. XI. All notices and communications under this Agreement may be mailed by certified mail, return receipt requested, or hand delivered, to the Participating Agency at the following address: La Porte Police Department 915 South 8th Street, La Porte, Texas 77571 ATTENTION: W. Elaine Bonner, Admi. Assistant All notices and communications under this Agreement may be mailed by certified mail, return receipt requested, or hand delivered to the County at the following address: Harris County Justice Information Management System 405 Caroline, 4th Floor Houston, Texas 77002 ATTENTION: Jimmy Ray, Director Notices mailed as above shall be deemed given and completed on the day of deposit in the United States mail. XII. This Agreement shall not become effective until it is signed by both the County and the Participating Agency and approved by the County's Director of JIMS by signing below the word "Approved" below the signature line for the County and the Participating Agency. SETCIC--SA Full, p. 5 N XIII. This instrument contains the entire Agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this Agreement shall be of no force or effect excepting a subsequent modification in writing signed by all parties hereto. EXE UTED in duplicate originals on this the ay day of �r1a �p Q0„ . 1987. APPROVED AS TO FORM: MIKE DRISCOLL County Attorney By(2r LARRY W. HAYS Assistant County Attorney ATTEST: Secretary APPROVED AS TOF RM: City Attorney for the City of La Porte HARRIS COUNTY By 44�� — JON LINDSAY, County JuAge CITY OF LA PORTE [Participating Agency] Title: SETCIC--SA Full, p. 6 I. ATTACHMENT "A" SETCIC - PHASE I POLICIES DEFINITIONS Harris County Agency(ies) Agency(ies) or Harris County Funded Refers to agency(ies) within the Harris County govern- ment structure and/or funded through the Harris County Commissioners Court, i.e., Harris County Sheriff's Office Harris County District Attorney Harris County Constable - Precinct 1 Harris County Constable - Precinct 2 Harris County Constable - Precinct 3 Harris County Constable - Precinct 4 Harris County Constable - Precinct 5 Harris County Constable - Precinct 6 Harris County Constable - Precinct 7 Harris County Constable - Precinct 8 B. Non -Harris County Agency(ies) or Non -County Agency(ies) Refers to a political body not within the Harris County government structure and or funded through the Harris County Commissioners' Court, i.e., Deer Park Police Department Katy Police Department U.S. Marshall's Office Galveston County Sheriff's Department Texas Department of Public Safety C. Full -Service Participants Refers to duly contracted agency having paid all of the required annual and monthly fees, allowed access to all SETCIC systems and files, with updated and inquiry capabilities. D. Inquiry -Only Participants Refers to all agencies allowed access to selected SETCIC systems and files with query and no update functions, 1 N upon execution of a user agreement with approval of the JIMS Executive Board. II. GENERAL A. All policies, procedures, and standards will be derived, issued and enforced by the Harris County Justice Information Management System (JIMS) Executive Board. B. Agencies wishing access to SETCIC will apply to the JIMS Executive Board for approval and subsequent contract agreement with the Harris County Commissioners Court. C. Failure of any participant to comply with established policies and procedures will result in immediate cessation of services and purge of all records from the data base. D. All non -Harris County participants will access SETCIC via DPS Austin Switcher using existing telecommunica- tions facilities unless approved 3270 -type devices or computer -to -computer interfaces already exist or are implemented using direct user funded data lines and equipment. E. Data integrity and control will be the responsibility of the agency initially entering the data. F. File/record certification/validation procedures will be established regarding periodic file purges, requiring authorized signatures of agency heads for certain data retention. - G. Full-service participants will be assessed an annual user fee established by the Executive Board. H. Full-service participants will be billed on a monthly basis an amount determined by a fixed formula based upon warrants served. I. All entries/inquiries will be automatically logged for billing and auditing purposes. J. The JIMS Executive Board may modify these policies at any time without prior notice given. K. All reasonable attempts will be made to provide SETCIC user access twenty-four (24) hours per day, seven (7) days per week. 2 L. Scheduled hardware down-time will occur weekly for file reorganization based upon a day and time determined to have minimal impact on the user base. M. Down-time scheduled outside the normal weekly file re- organizations and unscheduled (emergency) down-time of an appropriate nature of a period determined in advance to exceed one (1) hour will result in system services being resumed on the back-up computer exclusively upon approval of persons named by the Executive Board and dependent upon the availability of the back-up computer. N. Until and unless the back-up computer is made totally dedicated to justice systems, no NCIC inquiries can be made using direct connected terminals. 0. Participating agencies not funded by Harris County may not access TCIC/NCIC via the SETCIC computer system. P. Any time ='the SETCIC and/or back-up computers are unavailable for usage, automatic responses will be issued to in -coming requests indicating said condition. Q. Non -Harris County funded agencies will hold persons arrested on other agency warrants for a period- not to exceed eight (8) hours after verification of warrant validity and notifying originating agency that person is in hand. R. Non -Harris County funded agencies will allow Harris County agencies to place persons arrested on a third agency's warrant in their jail facility after verification of warrant validity and notification of originating agency that person is in hand. S. Non -Harris County funded agencies arresting a person on a Harris County warrant will upon verification of warrant validity and notification of appropriate county agency either: 1. Deliver the person to the downtown jail. 2. Deliver the person to nearest Harris County jail. 3. Deliver the person to County personnel at a place and time agreed upon by both parties. 3 T. Harris County agencies arresting a person on a non - county agency warrant will upon verification of warrant vaildity and notification or originating agency either: 1. Deliver the person to originating agency personnel at a place and time agreed upon by both parties. 2. Deliver the person to the jail facility of the nearest participating agency for originating agency pick up. III. OPERATIONAL A. Update and inquiry formats and data content for stand- alone TLETS connected devices will be as nearly identical to existing TCIC/NCIC as possible to facilitate entry/inquiry to SETCIC, TCIC, NCIC in single operations from the user terminal. B. Data elements, edit and verifications criteria will be identical 'to those used in TCIC/NCIC except where SETCIC requirements dictate data or edits beyond those required by TCIC/NCIC. In such cases, SETCIC edit and verification criteria will prevail. C. Harris County in-house terminals can access SETCIC with normal transaction processing methods, i.e., 3270 -type protocol. D. Sheriff's/Constable's office warrant system processing procedures should not change as a result of implementation of SETCIC. Update of SETCIC will be automatic with warrant acknowledgement/execution. E. Periodic reports will be provided indicating error conditions and records eligible for purge based upon age or other qualification established by Executive Board policy. F. Positive action in the form of record modification to a verification field will be required to retain records marked for automatic purge. G. Each warrant entered will be assigned a unique SETCIC Identifier (SID) for future record manipulations. H. Records will be stored in a keyed sequence of the assigned SETCIC identification number, unique per record. This is required data on all records create/update operations. 4 N I. Cross-references will be maintained using driver's license number, social security number, alien registration number and DIMS SPN when available or other identifiers. J. Inquiries into the system can be made by name with or without identifiers, by SETCIC ID number, or by existing cross-reference numbers. K. Inquiry can be made using partial key data for a return of possible matches. This list would then be used to determine the actual key to be used. L. Record retrieval for update purposes will require SETCIC ID number or exact match of name, race, sex, date of birth and: 1. Entry Agency Identifier 2. Offense Classification M. Initial warrant entry into system will require as minimum data: 1. Entry Agency Identifier (ORI) 2. Name 3. Race 4. Sex 5. Date of Birth 6. Offense 7. Date of Warrant 8. At least one of the following: a. TDL number b. Social Security number C. Official DPS ID number d. Alien Registration number e. Others N. Upon positive response from SETCIC Inquiry, requesting agency must immediately confirm with the originating agency that the warrant is valid and in force. IV. SECURITY A. Access to SETCIC files and functions will be limited to authorized agencies. B. Agency identifier will be the TCIC originating agency identifier. 5 W C. JIMS staff will operationally maintain any security files, programs and reports under the control of the Executive Board. D. Agencies will be allowed inquiry, update, or both functions based upon approval of the Executive Board only and upon execution of an approved contract with Harris County. Security profiles will be established and maintained to disallow unauthorized activity. E. Sanctions regarding security violations or attempted unauthorized activity will be established and enforced by the Executive Board and may include removal of the participating agency from access of SETCIC. F. All entries/inquiries will be automatically logged for security auditing purposes. Information captured will include but not be limited to: 1. Agency identifier 2. Operatign 3. Selection information supplied 4. Hit/no-hit information 5. Security breach attempt indicator 6. Date/time G. No access to the files and/or records of the Harris County JIMS Criminal or Civil applications will be allowed via the State network unless specifically approved by the JIMS Executive Board. H. Necessary system software and file implementation, maintenance, and monitoring will be performed by the personnel of the Central Data Processing Department Technical Systems Group under specific contract or agreement with the JIMS Executive Board and Commissioners Court. I. Hardware housed within the Central Data Processing facility will be secured under terms of the aforementioned contract or agreement. J. No "dial-up" telecommunications access will be permitted. ATTACHMENT "B" SETCIC - PHASE I FEES 1. Annual participation fee of $3,000.00 if an agency enters its warrants. 2. Service fee of $.20 per warrant entered during the monthly period. 3. Monthly service fee of $3.00 per warrant located. (A located warrant is a warrant entered by Agency A but Agency B apprehends defendant, verifys warrant and enters a locate.) The annual fees are returned to the Harris County General Fund and the monthly fees are placed in a special purpose account of the JIMS Department budget for exclusive use of hardware upgrades. 4. No annual fee for inquiry only. w ORDER AUTHORIZING EXECUTION OF SETCIC CONTRACT BETWEEN HARRIS COUNTY AND THE CITY OF LA PORTE THE STATE OF TEXAS COUNTY OF HARRIS On this the a y day of 1987, the Commissioners Court of Harris County, Texas, being duly convened at a pregular meeting of the Court, upon motion of Commissioner seconded by Commissioner � i"ai duly put and carried, It is ORDERED that County Judge Jon Lindsay be, and he is hereby authorized to execute an agreement for the services of SETCIC, between Harris County and the City of La Porte, said Agreement being incorporated herein by reference for all purposes as though fully set forth word for word. Presented To COMMISSIONERS COURT NOV 2 4 198 DATE._----------------- Recorded Vol. Page._ 0 4P REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 11, 1288 Requested By: Steve Gillett epartment: Report Resolution Public Works Ordinance Exhibits: 1. Memo from Public Works 2. Memo from Ross Cox 3. Letter from Knox Askins 4. Proposed easement and supporting plats submitted by Universal :engineering Services acting as agent for Union Carbide Corporation. SUMMARY & RECOMMENDATION Union Carbide Corporation is requesting a 10' easement to install, operate and maintain a hydrogen pipeline over and across an 18.378 acre tract and 8.072 acre tract as located in the Richard Pearsall 1/3 League, A-625, Harris County, Texas. The total distance covered by the proposed rights of way easement is 1,073.3 feet. The total consideration offered is $9,757.50. This property is the present site of the Public Works Service Center and the future site of the EMS/Fire Training Center. The requested easement is in a current pipeline corridor and presents no present or future hindrance to City of La Porte facilities. Recommend approval of requested easement. Action Required by Council: Approve request of Union Carbide for easement through City of La Porte property as identified above. Availability of Funds: General Fund Capital Improvement Other Account Number: Water/Wastewater General Revenue Sharing Funds Available: YES NO Approved for City Council Agenda Robert T. Herrera DATE City Manager CITY OF LA PORTE INTER -OFFICE MEMORANDUM TO: Knox Aski , City Attorney FROM: John Joer Assistant City Manager DATE: January 6, 987 SUBJECT: Union Carbide Corporation Pipeline Easement RE: Letter of 12-7-87 The City has no objection to granting of the easement in the proposed location. However, our review indicated that the proposed easement overlaps an existing easement granted to Tennessee Gas Transmission Company and that the Tennessee Gas Easement is partially overlapped by an easement to Magnolia Pipeline. Therefore, prior to granting the easement the City will need evidence that there is no conflict with any provision contained in these easements. Please contact Union Carbide and insure that the proper evidence is presented and that the City has the right and/or necessary protection to grant this easement. JJ/sdw cc: Cherie Black CITY OF LA PORTE INTER -OFFICE MEMORANDUM TO: John Joerns, Assistant City Manager DAT : January 4, 1988 FROM: Steve Gillett, Public Works Directo/A -SEMENT#� SUBJECT: UNION CARBIDE CORPORATION PIPELINE The Public Works Department has no objections to granting the easement requested by the Union Carbide Corporation. The easement, as described, would be within an existing pipeline corridor and should pose no problems with future plans of the Public Works property. I don't feel that we can require casing of the pipeline due to our inability to determine a location, if any, for a railroad spur to the Public Works material yard. Ross Cox, CIP Project Coordinator has indicated, in his attached memo, a possible overlapping of the requested easement and an existing Tennessee Gas Easement. He states the easement request should be coordinated with Tennessee Gas or relocated. Additionally, we have visited with Fire Chief Joe Sease to solicit his comments on the proposed easement. He indicated that the approval of this easement would not affect either the Fire Training Facility or the EMS facility. He stated he has no objections to the granting of the easement. We feel that granting the requested easement to the Union Carbide Corporation, as per their submitted drawings, will pose no problem to the City of La Portes existing or future facilities and should be recommended to the City Council for approval. SG1lw CITY OF LA PORTE INTER—OFFICE MEMORANDUM DATE: December 10, 1987 TO: Steve Gillett, Director of Public Works FROM: Ross Cox, CIP Project Director P_ SUBJECT: Union Carbide Corp. Pipeline Easement COPIES: John Joerns, Assistant City Manager Knox Askins, City Attorney~/ Bob Speake, City Engineer�� Bob Herrera, City Manager The enclosed package requests a 10' wide permanent right of way for a hydrogen pipeline corridor. The drawing locates the centerline of the survey line which I assume is the centerline of the requested easement. In any case, an easement in this location will not interfere with the Fire Training Facility or the EMS located on the same tract since they are widely separated. Referring to H. Carlos Smith topographic survey drawing dated November 10, 1986, it appears that the requested easement is in the same location as the existing 75' wide Tennessee Gas ' Transmission Co. easement. As an aside, the H. Carlos Smith drawing shows the 50' wide Magnolia Pipeline Co. easement overlapping the Tennessee Gas easement by about 14 feet, indication it is a nonexclusive easement. Based on the above, it appears that the requested easement will either have to be coordinated with Tennessee Gas or relocated. 4 • 0 KNOX W. ASKINS, J. D., P. C. ATTORNEY AT LAW 702 W. FAIRMONT PARKWAY P. O. Box 1218 JOHN D. ARMSTRONG, J.D. LA PORTE, TEXAS 77571.1218 TELEPHONE ASSOCIATE 713 471.1886 December 7 , 1987 Mr. John Joerns Assistant City Manager City of La Porte City Hall La Porte, Texas Dear John: I enclose herewith request of Union Carbide Corporation, Linde Division, for a pipeline easement from the City of La Porte, across the east end of the City of La Porte's Fire Training Center property, and Public Works Center property. Attached is a proposed easement document and a plat showing the location of the proposed line. As to price, they are offering $150.00 per rod, or a total price of $9,757.50. Upon receipt of the letter, I telephoned Hugh Landrum, our appraiser, and asked him to do a survey of what the going rate is on pipeline easements. He called back and told me he made several phone calls, and found that the average price throughout the State of Texas being paid is $75.00 per rod and told me that he felt that $150.00 per rod would be a fair price to the City for this easement. As you know, the pipeline company would have the right of condemnation to obtain this easement. As to the languange of the easement document, the only other issue which I could see that the City might wish to raise, is possible future casing of the pipeline, in the event that the City ever goes forward with the construction of a railroad spur into the Public Works Center, to receive road building materials by railcar. As you know, casing of the pipeline after it is built would be very expensive. Please have the City's engineering department review the legal description and the plat, and then place this matter on the Council agenda for the first meeting in January, 1988, for Council consideration. KWA:st Enclosure cc: Mr. Robert T. Herrera City Manager Mr. Steve Gillett Director of Public Works Yours very truly, Knox W. Askins UNIVERSAL ENGINEERING SERVICES. INC 8700 JAMEEL • SUITE 150 • HOUSTON, TEXAS 77040 • 713-895-8146 P.O. BOX 40340 HOUSTON, TEXAS 77240-0340 November 23, 1987 Norman Malone, Mayor City of LaPorte, a Municipal Corp. Box 1115 LaPorte, Texas 77571 RE: Proposes 8" hydrogen pipeline across a 18.378 acre tract and 8.072 acre tract as located in the Richard Pearsall 1/3 League, A-625, Harris County, Texas Dear Mayor Malone, Universal Engineering Services, Inc., is acting as agent un- der a service contract with Union Carbide Corporation, Linde Division, located in Danbury, Connecticut. On behalf of Union Carbide, we hereby request an easement to install, operate and maintain a hydrogen pipeline over and across City of LaPorte acreage as referenced in the above caption. Union Carbide has authorized us to pay $150 per rod for a 10 -foot wide permanent right of way, covering 0.25 acres of land. The total distance covered by the proposed right of way easement is 1073.3 feet or 65.05 rods. The total consideration offered in this proposal is: $9757.50 Attached herewith for your consideration and review and in support to this request are the following items: An original and two copies of the proposed easement with supporting plats that depict the location of the pipeline, plus a centerline description of the ten -foot permanent right of way. Said proposed pipeline is electric transmission line usage of the future plans for LaPorte. RCI/sm Enclosure (3) cc: R. Badanes J. Kieffer B. Pate also located within a pipeline and corridor to minimize the impact and this acreage by the City of Very truly yours, 1e Robert C. Imler, SR/WA Vice President / . / uhM� /� |� u/. A. . ' . . . . . . . . __`_------ _--_-__' --__----- ----___-_ ___-_-_--' __----__- ------___- -----_-_ _-___�-_' - . � . . / VJ(m N*1J8U4 y1*muJ6 Co. 1�-r Uo �� »4.64 Jl^t2K. ' ' . 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Iz '3* SOUTH ' � • RIGHT OF WAY GRANT • THE STATE OF TEXAS: COUNTY OF HARRIS: THAT FOR AND IN CONSIDERATION of the suis of TEN DOLLARS AND NO CENTS ($10.00) and other valuable• considerations paid to the undersigned owner (hereinafter called "Grantor") the receipt of which is hereby acknowledged, Grantor does hereby grant to Union Carbide Corporation, a New York corporation, its successors and assigns (hereinafter called "Grantee"), a right of way and easement to at any time and from time to time lay, construct, maintain, operate, replace, protect, repair, change the size of and remove one (1) pipeline including fittings, corrosion control equipment and other apparatus (hereinafter called the "Pipeline") above the ground for the transportation of hydrogen gases or any other gases, liquids or substances which can be transported through a pipeline with all incidental equipment and materials, on, over and through the following described lands, situated in Harris County and State of Texas, to wit; a right of way and easement being ten feet (101) in width as described in Exhibit; "A" and depicted in Exhibit "B", attached hereto and made a part hereof. In addition, Grantee shall have the right to use such additional space as may be necessary for the construction and maintenance of the Pipeline along the route of sane and of ingress and egress over and across the above described lands and adjacent lands of Grantor for all purposes incident to said grant. It is distinctly understood and agreed that this does not constitute a conveyance of any part of the lands above-described nor of the minerals therein and thereunder, but grants only the right of way and easement as above provided. Grantor retains for itself and its heirs and assigns all the rights and uses that do not specifically interfere with tine use of the rights granted herein; provided, however, Grantor or it:s heirs and assigns, shall not construct or permit to be constriict:ed on or over said right of way and easement any structure or obstruction that ;gill interfere with the rights herein granted. Grantee shall install the Pipeline and incidental equipment and materials in accordance with all applicable governmental rules and regulations, and shall install the Pipeline and all irrciderrtill equipment and materials (except markers, vents, corrosion protection *leads aiid valves) when buried at a depth of at least three (3) feet below the natcr,•a 1 surface elevation of the ground at the time of construction. Grantoe shall Fray for any damage to fences, blacktop, concrete or any other improvements that may result from Grantee's exercise of any of the rights and privileges hereby granted. After the Pipeline has been installed, Grantee shall not thereafter be responsible for maintaining any landscaping or appurtenances placed by Grantor on the right of way and easement, nor shall Grantee be responsible for replacing any landscaping or appurtenances unless damacled by Grantee. The the benefit terms and provisions hereof of the heirs, shall be binding upon and shall inure to Grantor personal and Grantee, and Grantee is representatives, successors and assigns expressly granted the right to of right of way and easement granted assign the herein, or any part thereof or interest therein, right or and the same shall be divisible interest created herein. among two or more parties as to any Grantee, its successors and assigns, shall have and hold the right of way and easement granted herein forever or until said right of way and easement is released by recordable instrument. Notwithstanding the prior provisions hereof, if the Pipeline should ever interfere with the installation of roads, streets, railroads, utilities, or other facilities constructed by Grantor or its successors and assigns, Grantee agrees, at its cost, to encase, raise, lower or otherwise vertically alter the Pipeline to accomodate the installation of the roads, streets, railroads, utilities, or other facilities. Provided, however, that nothing contained in this paragraph shall apply to a relocation of the Pipeline required by any public authority or political subdivision or preclude or prevent Grantee from securing reimbursement to which Grantee is otherwise entitled from such public authority or political subdivision for the cost and expense of relocating the Pipeline. Notwithstanding anything to the contrary contained herein, GRANTEE's rights hereinunder shall extend to only so much of the premises as are owned by GRANTOR on the date hereof. In addition, GRANTEE's rights shall be specifically under and subject to the rights of any other parties holding easements, rights-of-way, or similar interests in and to the above-described premises and whether by recorded instrument or apparent by visual inspection including specifically, but not limited to the Tennessee Gas Transmission Company's 75 foot wide right of way as described in that certain easement, dated June 19, 1957, and recorded in Vol. 3410, Page 320, Deed Records of Harris County, Texas. GRANTEE, in its use of the premises, from and after the date hereof, does hereby agree that it shall release, discharge, indemnify, claims, causes of action, suits, judgements, costs, or expenses for property damage or personal injury, including death, and founded upon GRANTEE's exercise of any rights or privileges or the conduct of any activities by GRANTEE on GRANTOR's lands under or by virtue of this Agreement. Such indemnity shall not extend to liability for any such property damage or personal injury, including death, to the extent that GRANTOR, its successors or assigns, are solely negligent in causing such damage or injury. IN WITNESS WHEREOF, Grantor has executed this instrument as of the day of 1988. ATTEST: Secretary GRANTOR City of LaPorte A Municipal Corporation BY THE STATE OF TEXAS) COUNTY OF HARRIS ) Norman Malone, Mayor BEFORE ME, the undersigned authority, on this day personally appeared Norman Malone, known to me to be the person whose name is subscribed to the foregoing instrument as Mayor of the City of LaPorte, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity stated therein. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , A.D., 1988. Notary Public in and for the State of Texas EXHI3IT "A" Permanent Easement A strip of land ten (10') feet in width extending over, through, along and across a 18.378 acre tract of land and a 8.072 acre tract of land in the Richard Pearsall 1/3 League, Abstract 625, Harris County, Texas, said 18.378 acre tract being more particularly described by metes and bounds as set forth in Exhibit "A" of that certain Warranty Deed dated 5-15-87, from W.E. Stiles to City of LaPorte, which deed is recorded in Film Code No. 128-96-0926 and said 8.072 acre tract being more particularly described by metes and bounds as set forth in Exhibit "A" of that certain Warranty Deed dated 12-3-86 from Ben J. Johnson to the City of LaPorte, which deed is recorded in Film Code No. 066-75-2158 both of the official Public Records of Real Property of Harris County, Texas, said ten (10') foot wide strip of land being described as follows: BEGINNING at a point in the Southerly line of the above described 18.378 acre tract of land, said point being West, 140.0 feet from the intersection of said Southerly line with the West right -of -►•ray line of a T & N.O. Railroad; THENCE North, 1073.3 feet to a point in the Northerly line of the above described 8.072 acre tract of land, said point being West, 140.0 feet from the intersection of said Northerly line with the gest right-of-way line of said railroad, said strip of land being 65.05 rods in length and containing 0.25 acres of land. In addition, Grantee shall have the right to use such additional space as may be necessary for the construction and maintenance of the Pipeline along the route of same and of ingress and egress over and across the above described lands and adjacent lands of Grantor for all purposes incident to said grant. Owner: City of LaPorte Ref. Dwg. B-2229363 Rev - 0 Date: 23 November 1987 EXHIBIT "B" HARRIS COUNTY , TEXAS RICHARD PEARSALL 1/3 LEAGUE A - 625 WEST - 140.0' jrvey Line Ct T.& N. 0. Railroad r — 140.0' TOTAL RODS: 65.05 TOTAL FEET: 1073.3' PERM. ESMT.: 0.25 AC. ISSUED FOR DRAWN M.W. DATE 11 1 t a CLIENT APPROVAL CHECKED DATE=f.,�. i� PROPOSED 8" PIPELINE °""O�""""m"m ISO �' "` APPROVED DATES 87 A moo +� . 4 �� r a �oeco NaamK axis rr20-030 SCALE I'-"00' SHEET 1 OF 1 BIDDING JOB NO. 452 ACROSS CITY OF LOPORTE DRAWING N0. REV. CLIENT CONSTRUCTION UNION CARBIDE CORP./ LINDE HARRIS COUNTY, TEXAS B-2229363 0 N0. REVISION DATE DRAWN CHECKED CLIENT JOB N0. 825- 90250 AUEST FOR CITY COUNCIL AGEGA ITEM Agenda Date Requested: January 11, 1988 Requested By: Ross Cox Department: CIP X Report Resolution Exhibits: Agreement with Stiver Engineering, Inc. CIP 486-5202 SUMMARY & RECOMMENDATION Ordinance In the 1985 bond election, the voters approved the sale of bonds for the acquisition of -land, design services, and construction of park facilities. This project, Northwest Park, is one of the proposed projects. Land has already been acquired and the design survey has already been completed. City staff has received a proposal from Stiver Engineering, Inc. to complete the design for compensation as follows: Engineering Services $27,060 8.48% Construction Administration 2,980 .65% $29,140 9.13% Action Required by Council: Approval of contract. Availability of Funds General Fund Water/Wastewater X Capital Improvement General Revenue Sharing Other Account Number: 011 800 802 508 Funds Available: _Y YES _ NO ADDroved for City Council a Robert T. Herrera DATE City Manager 0 • NORTHWEST PARK FINANCIAL BREAKDOWN CIP #86-5202 Original Bond Fund Allocation $900,000 Transfer to CIP #86-5201-01 263675 Sub -Total Funds Available $873,325 Land and Legal $4061475 Master Plan 9,088 Engineering Services 8 906 Sub -Total Costs Expended $422,469 Engineering Services $29,140 Testing (Estimate) 5,000 Construction (Estimate) 279,126 Contingency 28 000 Sub -Total Costs Remaining (Estimate) $341,266 Total Estimated Project Cost $763,735 Estimated Surplus Funds* $109,590 Realized surplus funds may be used to offset interest funds used on Little Cedar Bayou Park (CIP #86-5201-01) since both projects are funded by the same 1985 series general obligation bonds. STIVER ENGINEERING, INC. January 6, 1988 Mr. W. Ross Cox, Ph.D. City of La Porte P.O. Box 1115 La Porte, Texas 77571 Re: Proposed Contract for Engineering Services Dear Mr. Cox: Enclosed is a proposed contract for the Northwest Park design for your review and approval. The design compensation is stated as a lump sum of $29,140.00 which consists of $27,060.00 which is allocated to the design and $2,080.00 for construction observation and final inspection. The lump sum prices include incidental expenses. We look forward to beginning this important project for the City of La Porte. Very truly yours, Y v i - Maury Stiver, P.E. MES:hdh 1551-8801 Enclosure 1309-A PEOEN STREET • HOUSTON, TEXAS 77006 • 713-526-3478 NORTHWEST PARK - PN8801 City of La Porte 11 Stiver Engineering, Inc. 01/07/1988 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT made as of , 1988 between the City of La Porte, Texas (OWNER) and Stiver Engineering, Inc. (ENGINEER). OWNER intends to construct a public park, otherwise known as Northwest Park (hereinafter called the Project). OWNER and ENGINEER in consideration of their mutual covenants herein agree in respect of the performance of professional engineering services by ENGINEER and the payment for those services by OWNER as set forth below. SECTION 1 - BASIC SERVICES OF ENGINEER 1.1. General. 1.1.1. ENGINEER shall provide for OWNER professional engineering services in all phases of the Project to which this Agreement applies as hereinafter provided. These services will include serving as OWNER's professional engineering representative for the Project, providing professional engineering consultation and advice and furnishing customary civil, structural, mechanical and electrical engineering services and customary architectural services incidental thereto. 1.2. Study and Report Phase. After written authorization to proceed, ENGINEER shall: 1.2.1. Consult with OWNER to clarify and define OWNER's requirements for the Project and review available data. 1.2.2. Advise OWNER as to the necessity of OWNER's providing or obtaining from others data or services of the types described in paragraph 3.3, and assist OWNER in obtaining such data and services. 1.2.3. Identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the Project and participate in consultations with such authorities. 1.2.4. Provide analyses of OWNER's needs, planning surveys, site evaluations and comparative studies of prospective sites and solutions. Page 1 of 26 NORTHWEST PARK - PN8801 City of La Porte • Stiver Engineering, Inc. 01/07/1988 1.2.5. Provide a general economic analysis of OWNER's requirements applicable to various alternatives. 1.2.6. Prepare a Report containing schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate clearly the considerations involved (including applicable requirements of governmental authorities having jurisdiction as aforesaid) and the alternative solutions available to OWNER and setting forth ENGINEER's findings and recommendations. This Report will be accompanied by ENGINEER's opinion of probable costs for the Project, including the following which will be separately itemized: Construction Cost, allowance for engineering costs and contingencies, and (on the basis of information furnished by OWNER) allowances for such other items as charges of all other professionals and consultants, for the cost of land and rights-of-way, for compensation for or damages to properties, for interest and financing charges and for other services to be provided by others for OWNER pursuant to paragraphs 3.7 through 3.11, inclusive. The total of all such costs, allowances, etc. are hereinafter called "Total Project Costs". 1.2.7. Furnish five copies of the Study and Report documents and review them in person with the OWNER. The duties and responsibilities of ENGINEER during the Study and Report Phase are amended and supplemented as indicated in paragraph 2 of Exhibit A "Further Descriptions of Basic Engineering Services and Related Matters". 1.3. Preliminary Design Phase. After written authorization to proceed with the Preliminary Design Phase, ENGINEER shall: 1.3.1. In consultation with OWNER and on the basis of the accepted Study and Report documents, determine the general scope, extent and character of the Project. 1.3.2. Prepare Preliminary Design documents consisting of final design criteria, preliminary drawings, outline specifications and written descriptions of the Project. 1.3.3. Advise OWNER if additional data or services of the types described in paragraph 3.4 are necessary and assist OWNER in obtaining such data and services. 1.3.4. Base on the information contained in the preliminary design documents, submit a revised opinion of probable Total Project Costs. Page 2 of 26 • NORTHWEST PARK - PN8801 City of La Porte • Stiver Engineering, Inc. 01/07/1988 1.3.5. Furnish five copies of the above Preliminary Design documents and present and review them in person with OWNER. The duties and responsibilities of ENGINEER during the Preliminary Design Phase are amended and supplemented as indicated in paragraph 3 of Exhibit A "Further Descriptions of Basic Engineering Services and Related Matters". 1.4. Final Design Phase. After written authorization to proceed with the Final Design Phase, ENGINEER shall: 1.4.1. On basis of the accepted Preliminary Design documents and the revised opinion of probable Total Project Costs prepare for incorporation in the Contract Documents final drawings to show the general scope, extent and character of the work to be furnished and performed by Contractor(s) (hereinafter called "Drawings) and Specifications (which will be prepared in conformance with the sixteen division format of the Concrete Specifications Institute). 1.4.2. Provide technical criteria, written descriptions and design data for OWNER's use in filing applications for permits with or obtaining approvals of such governmental authorities as have jurisdiction to approve the design of the Project, and assist OWNER in consultations with appropriate authorities. 1.4.3. Advise OWNER of any adjustments to the latest opinion of probable Total Project Costs caused by changes in general scope, extent or character or design requirements of the Project or Construction Costs. Furnish to OWNER a revised opinion of probable Total Project Costs based on the Drawings and Specifications. 1.4.4. Prepare for review and approval by OWNER, its legal counsel and other advisors contract agreement forms, general conditions and supplementary conditions, and (where appropriate) bid forms, invitations to bid and instructions to bidders (all of which shall be consistent with the forms and pertinent guide sheets prepared by the Engineers Joint Contract Documents Committee), and assist in the preparation of other related documents. 1.4.5. Furnish five copies of the above documents and of the Drawings and Specifications and present and review them in person with OWNER. Page 3 of 26 • NORTHWEST PARK - PN8801 City of La Porte • Stiver Engineering, Inc. 01/07/1988 The duties and responsibilities of ENGINEER during the Final Design Phase are amended and supplemented as indicated in paragraph 4 of Exhibit A "Further Description of Basic Engineering Services and Related Matters". 1.5. Bidding or Negotiating Phase. After written authorization to proceed with the Bidding or Negotiating Phase, ENGINEER shall: 1.5.1. Assist OWNER in advertising for and obtaining bids or negotiating proposals for each separate prime contract for construction, materials, equipment and services; and, where applicable, maintain a record of prospective bidders to whom Bidding Documents have been issued, attend pre-bid conferences and receive and process deposits for Bidding Documents. 1.5.2. Issue addenda as appropriate to interpret, clarify or expand the Bidding Documents. 1.5.3. Consult with and advise OWNER as to the acceptability of subcontractors, suppliers and other persons and organizations proposed by the prime contractor(s) (herein called "Contractor(s)") for those portions of the work as to which such acceptability is required by the Bidding Documents. 1.5.4. Consult with OWNER concerning and determine the acceptability of substitute materials and equipment proposed by Contractor(s) when substitution prior to the award of contracts is allowed by the Bidding Documents. 1.5.5. Attend the bid opening, prepare bid tabulation sheets and assist OWNER in evaluating bids or proposals and in assembling and awarding contracts for construction, materials, equipment and services. The duties and responsibilities of ENGINEER during the Bidding or Negotiating Phase are amended and supplemented as indicated in paragraph 5 of Exhibit A "Further Description of Basic Engineering Services and Related Matters". 1.6. Construction Phase. During Construction Phase: 1.6.1. General Administration of Construction Contract. ENGINEER shall consult with and advise OWNER and act as OWNER's representative as provided in Articles 1 through 17, inclusive, of Standard General Conditions of the Construction Contract, No. 1910-8 (1983 edition) of the Engineers Joint Contract Documents Page 4 of 26 • NORTHWEST PARK - PN8801 City of La Porte • Stiver Engineering, Inc. 01/07/1988 Committee. The extent and limitations of the duties, responsibilities and authority of ENGINEER as assigned in said Standard General Conditions shall not be modified, except to the extent provided in paragraph 6 of Exhibit A "Further Description of Basic Engineering Services and Related Matters" and except as ENGINEER may otherwise agree in writing. All of OWNER's instructions to Contractor(s) will be issued through ENGINEER who will have authority to act on behalf of OWNER to the extent provided in said Standard General Conditions except as otherwise provided in writing. 1.6.2. Visits to Site and Observation of Construction. In connection with observations of the work of Contractor(s) while it is in progress: 1.6.2.1. ENGINEER shall make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress and quality of the various aspects of Contractor(s)' work. In addition, ENGINEER shall provide the services of a Resident Project Representative (and assistants as agreed ) at the site to assist ENGINEER and to provide more continuous observation of such work. Base on information obtained during such visits and on such observations, ENGINEER shall endeavor to determine in general if such work is proceeding in accordance with the Contract Documents and ENGINEER shall keep OWNER informed of the progress of the work. 1.6.2.2. The Resident Project Representative (and any assistants) will be ENGINEER's agent or employee and under ENGINEER's supervision. The duties and responsibilities of the Resident Project Representative (and assistants) are set forth in Exhibit B "Duties, Responsibilities and Limitation of Authority of Resident Project Representative". 1.6.2.3. The purpose of ENGINEER's visits to and representation by the Resident Project Representative (and assistants, if any) at the site will be to enable ENGINEER to better carry out the duties and responsibilities assigned to and undertaken by ENGINEER during the Construction Phase, and, in addition, by exercise of ENGINEER's efforts as an experienced and qualified design professional, to provide for OWNER a greater degree of confidence that the completed work of Contractor(s) will conform generally to the Contract Documents and that the integrity of the design concept as reflected in the Contract Documents has been implemented and preserved by Contractor(s). On the other hand, ENGINEER shall not, during such visits or as a result of such observations of Contractor(s)' work in progress, supervise, Page 5 of 26 1J NORTHWEST PARK - PN8801 City of La Porte • Stiver Engineering, Inc. 01/07/1988 direct or have control over Contractor(s)' work nor shall ENGINEER have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor(s), for safety precautions and programs incident to the work of Contractor(s) or for any failure of Contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s) furnishing and performing their work. Accordingly, ENGINEER can neither guarantee the performance of the construction contracts by Contractor(s) nor assume responsibility for Contractor(s)' failure to furnish and perform their work in accordance with the Contract Documents. 1.6.3. Defective Work. During such visits and on the basis of such observations, ENGINEER may disapprove of or reject Contractor(s)' work while it is in progress if ENGINEER believes that such work will not produce a completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the Project as reflected in the Contract Documents. 1.6.4. Interpretations and Clarifications. ENGINEER shall issue necessary interpretations and clarification of the Contract Documents and in connection therewith prepare work directive changes and change orders as required. 1.6.5. Shop Drawings. ENGINEER shall review and approve (or take other appropriate action in respect of Shop Drawings (as that term is defined in the aforesaid Standard General Conditions), samples and other data which Contractor(s) are required to submit, but only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. Such reviews and approvals or other action shall not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. 1.6.6. Substitutes. ENGINEER shall evaluate and determine the acceptability of substitute materials and equipment proposed by Contractor(s), but subject to the provision of paragraph 2.2.2. 1.6.7. Inspections and Tests. ENGINEER shall have authority, as OWNER's representative, to require special inspection or testing of the work, and shall receive and review all certificates of inspections, testings and approvals required by laws, rules, regulations, ordinances, codes, orders or the Contract Documents (but only to determine generally that their content complies with the requirements of, and the results certified indicate compliance with, the Contract Documents). Page 6 of 26 • NORTHWEST PARK - PN8801 City of La Porte • Stiver Engineering, Inc. 01/07/1988 1.6.8. Disputes between OWNER and Contractor. ENGINEER shall act as initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the work thereunder and make decisions on all claims of OWNER and Contractor(s) relating to the acceptability of the work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the work. ENGINEER shall not be liable for the results of any such interpretations or decisions rendered in good faith. 1.6.9. Applications for Payment. Based on ENGINEER's on-site observations as an experienced and qualified design professional, on information provided by the Resident Project Representative and on review of applications for payment and the accompanying data and schedules: 1.6.9.1. ENGINEER shall determine the amounts owing to Contractor(s) and recommend in writing payments to Contractor(s) in such amounts. Such recommendations of payment will constitute a representation to OWNER, based on such observations and review, that the work has progressed to the point indicated, and that, to the best of ENGINEER's knowledge, information and belief, the quality of such work is generally in accordance with the Contract Documents (subject to an evaluation of such work as a functioning whole prior to or on Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and to any other qualifications stated in the recommendation). In the case of unit price work, ENGINEER's recommendations of payment will include final determinations of quantities and classifications of such work (subject to any subsequent adjustments allowed by the Contract Documents). 1.6.9.2. By recommending any payment ENGINEER will not thereby be deemed to have represented that exhaustive, continuous or detailed reviews or examinations have been made by ENGINEER to check the quality or quantity of Contractor(s)' work as it is furnished and performed beyond the responsibilities specifically assigned to ENGINEER in this Agreement and the Contract Documents. ENGINEER's review of Contractor(s)' work for the purposes of recommending payments will not impose on ENGINEER responsibility to supervise, direct or control such work or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto or Contractor(s)' compliance with laws, rules, regulations, ordinances, codes or orders applicable to their furnishing and performing the work. It will also not impose responsibility on ENGINEER to make any examination to ascertain how and for what purposes any Contractor has used Page 7 of 26 • NORTHWEST PARK - PN8801 City of La Porte the moneys paid on account of determine that title to any of equipment has passed to OWNER claims, security interests or may not be other matters at is Contractor(s) that might affec paid. U Stiver Engineering, Inc. 01/07/1988 the Contract Price, or to the work, materials or free and clear of any liens, encumberances, or that there sue between OWNER and t the amount that should be 1.6.10. Contractor(s)' Completion Documents. ENGINEER shall receive and review maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals which are to be assembled by Contractor(s) in accordance with the Contract Documents (but such review will only be to determine that their content complies with the requirements of, and in the case of certificates of inspection, tests and approvals the results certified indicated compliance with, the Contract Documents); and shall transmit them to OWNER with written comments. 1.6.11. Inspections. ENGINEER shall conduct an inspection to determine if the work is substantially complete and a final inspection to determine if the completed work is acceptable so that ENGINEER may recommend, in writing, final payment to Contractor(s) and may give written notice to OWNER and the Contractor(s) that the work is acceptable (subject to any conditions therein expressed), but any such recommendation and notice will be subject to the limitations expressed in paragraph 1.6.9.2. 1.6.12. Limitation of Responsibilities. ENGINEER shall not be responsible for the acts or omissions of any Contractor, or any subcontractor or supplier, or any of the Contractor(s)' or subcontractor's or supplier's agents or employees or any other persons (except ENGINEER's own employees and agents) at the site or otherwise furnishing or performing any of the Contractor(s)' work; however, nothing contained in paragraphs 1.6.1 through 1.6.11 inclusive, shall be construed to release ENGINEER from liability for failure to properly perform duties and responsibilities assumed by ENGINEER in Contract Documents. 1.7. Operational Phase. During the Operational Phase, ENGINEER shall, when requested by OWNER: 1.7.1. Provide assistance in the closing of any financial or related transaction for the Project. 1.7.2. Provide assistance in connection with the refining and adjusting of any equipment or system. Page 8 of 26 0 NORTHWEST PARK - PN8801 City of La Porte r� u Stiver Engineering, Inc. 01/07/1988 1.7.3. Assist OWNER in training OWNER's staff to operate and maintain the Project. 1.7.4. Assist OWNER in developing systems and procedure for control of the operation and maintenance of and record keeping for the Project. 1.7.5. Prepare a set of reproducible record prints of Drawings showing those changes made during the construction process, based on the marked -up prints, drawings and other data furnished by Contractor(s) to ENGINEER and which ENGINEER considers significant. 1.7.6. In company with OWNER, visit the Project to observe any apparent defects in the completed construction, assist OWNER in consultations and discussions with Contractor(s) concerning correction of such deficiencies, and make recommendations as to replacement or correction of defective work. The duties and responsibilities of ENGINEER during the Operational Phase are amended and supplemented as indicated in paragraph 7 of Exhibit A "Further Description of Basic Engineering Services and Related Matters". SECTION 2 - ADDITIONAL SERVICES OF ENGINEER 2.1. Services Requiring Authorization in Advance. If authorized in writing by OWNER, ENGINEER shall furnish or obtain from others Additional Services of the types listed in paragraphs 2.1.1 through 2.1.14, inclusive. These services are not included as part of the Basic Services except to the extent provided otherwise in Exhibit A "Further Description of Basic Engineering Services and Related Matters"; these will be paid for by OWNER as indicated in Section 5. 2.1.1. Preparation of applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans or advances in connection with the Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effect on the design requirements of the Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project. Page 9 of 26 NORTHWEST PARK - PN8801 City of La Porte • Stiver Engineering, Inc. 01/07/1988 2.1.2. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by OWNER. 2.1.3. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule, character of construction or method of financing; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond ENGINEER's control. 2.1.4. Providing renderings or models for OWNER's use. 2.1.5. Preparing documents for alternate bids requested by OWNER for Contractor(s)' work which is not executed or documents for out -of -sequence work. 2.1.6. Investigations and studies involving, but not limited to, detailed consideration of operations, maintenance and overhead expenses; providing value engineering during the course of design; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining financing for the Project; evaluating processes available for licensing and assisting OWNER in obtaining process licensing; detailed quantity surveys of material, equipment and labor; and audits or inventories required in connection with construction performed by OWNER. 2.1.7. Furnishing services of independent professional associates and consultants for other than Basic Services (which include, but are not limited to, customary civil, structural, mechanical and electrical engineering and customary architectural design incidental thereto); and providing data or services of the types described in paragraph 3.4 when OWNER employs ENGINEER to provide such data or services in lieu of furnishing the same in accordance with paragraph 3.4. 2.1.8. If ENGINEER's compensation is on the basis of a lump sum or percentage of Construction Cost or cost-plus a fixed fee method of payment, services resulting from the award of more separate prime contracts for construction, material or equipment for the Project than are contemplated by paragraph 5.1.1.2. If ENGINEER's compensation is on the basis of a percentage of Construction Cost and ENGINEER has been required to prepare Contract Documents on the assumption that more than one prime contract will be awarded for construction, materials and equipment, but only one prime Page 10 of 26 • NORTHWEST PARK - PN8801 City of La Porte Stiver Engineering, Inc. 01/07/1988 contract is awarded for construction, materials and equipment for the Project, services attributable to the preparation of contract documentation that was rendered unusable and any revisions or additions to contract documentation used that was necessitated by the award of only one prime contract. 2.1.9. Services during out-of-town travel required of ENGINEER other that visits to the site or OWNER's office as required by Section 1. 2.1.10. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services, except when such assistance is required to complete services called for in paragraph 6.2.2.5. 2.1.11. Providing any type of property surveys or related engineering services needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and staking to enable Contractor(s) to proceed with their work; and providing other special field surveys. 2.1.12. Preparation of operating, maintenance and staffing manuals to supplement Basic Services under paragraph 1.7.3. 2.1.13. Preparing to serve .or serving'as a consultant or witness of OWNER in any litigation, arbitration or other legal or administrative proceeding involving the Project (except for assistance in consultations which is included as part of Basic Services under paragraphs 1.2.3 and 1.4.2). 2.1.14. Additional services in connection with the Project, including services which are to be furnished by OWNER in accordance with Article 3, and services not otherwise provided for in this Agreement. 2.2. Required Additional Services. When required by the Contract Documents in circumstances beyond ENGINEER's control, ENGINEER shall furnish or obtain from others, as circumstances require during construction and without waiting for specific authorization from OWNER, Additional Services of the types listed in paragraphs 2.2.1 through 2.2.6, inclusive (except to the extent otherwise provided in Exhibit A "Further Description of Basic Engineering Services and Related Matters"). These services are not included as part of Basic Services. ENGINEER shall advise OWNER promptly after starting any such Additional Services which will be paid for by OWNER as indicated in Section 5. Page 11 of 26 • \J NORTHWEST PARK - PN8801 Stiver Engineering, Inc. City of La Porte 01/07/1988 2.2.1. Services in connection with work directive changes and change orders to reflect changes requested by OWNER if the resulting change in compensation for Basic Services is not commensurate with the additional services rendered. 2.2.2. Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitutions proposed by Contractor(s); and services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of substitutions proposed by Contractor. 2.2.3. Services resulting from significant delays, changes or price increases occurring as a direct or indirect result of material, equipment or energy shortages. 2.2.4. Additional or extended services during construction made necessary by (1) work damaged by fire or other cause during construction, (2) a significant amount of defective or neglected work of any Contractor, (3) acceleration of the progress schedule involving services beyond normal working hours, and (4) default by any Contractor. 2.2.5. Services (other than Basic Services during the Operational Phase) in co.nnection.with.any partial utilization of any part of the Project by OWNER prior to Substantial Completion. 2.2.6. Evaluating an unreasonable or extensive number of claims submitted by Contractor(s) or others in connection with the work. SECTION 3 - OWNER'S RESPONSIBILITIES OWNER shall do the following in a timely manner so as not to delay the services of the ENGINEER: 3.1. Designate in writing a person to act as OWNER's representative with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to ENGINEER's services for the Project. 3.2. Provide all criteria and full information as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandibility, and any budgetary limitations; and furnish copies of all design and construction standards which OWNER will require to be included in the Drawings and Specifications. Page 12 of 26 0 NORTHWEST PARK - PN8801 City of La Porte • Stiver Engineering, Inc. 01/07/1988 3.3. Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to to the Project including previous reports and any other data relative to design or construction of the Project. 3.4. Furnish to ENGINEER, as required for performance of ENGINEER's Basic Services (except to the extent provided otherwise in Exhibit A "Further Description of Basic Engineering Services and Related Matters"), the following: 3.4.1. data prepared by or services of others, including without limitation borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspections of samples, materials and equipment; 3.4.2. appropriate professional interpretations of all of the foregoing; 3.4.3. environmental assessment and impact statements; 3.4.4. property, boundary, easement, right-of-way, topographic and utility surveys; 3.4.5. property descriptions; 3.4.6. zoning, deed and other land use restriction; and 3.4.7. other special data or consultations not covered in Section 2; all of which ENGINEER may use and rely upon in performing services under this Agreement. 3.5. Provide engineering surveys to establish reference points for construction (except to the extent provided otherwise in Exhibit A "Further Description of Basic Engineering Services and Related Matters") to enable Contractor(s) to proceed with the layout of the work. 3.6. Arrange for access to make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER to perform services under this Agreement. 3.7. Examine all studies, reports, sketches, Drawings, Specifications, proposals and other documents presented by ENGINEER, obtain advice of an attorney, insurance counselor and other consultants as OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. Page 13 of 26 U NORTHWEST PARK - PN8801 City of La Porte Stiver Engineering, Inc. 01/07/1988 3.8. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. 3.9. Provide such accounting, independent cost estimating and insurance counseling services as may be required for the Project, such legal services as OWNER may require or ENGINEER may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by Contractor(s), such auditing service as OWNER may require to ascertain how or for what purposes any Contractor has used the moneys paid under the construction contract, and such inspection services as OWNER may require to ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnishing and performing the work. 3.10. If OWNER designates a person to represent the OWNER at site who is not ENGINEER or ENGINEER's agent or employee, the duties, responsibilities and limitations of authority of such other person and the affect thereof on the duties and responsibilities of ENGINEER and the Resident Project Representative (and any assistants) will be set forth in an exhibit that is to be identified, attached to and made a part of this Agreement before such services begin. 3.11. If more than one prime contract is to be awarded for construction, materials, equipment and services for the entire Project, designate a person or organization to have authority and responsibility for coordinating the activities among the various prime contractors. 3.12 Furnish to ENGINEER data or estimated figures as to OWNER's anticipated costs for services to be provided by others for OWNER (such as services pursuant to paragraphs 3.7 through 3.11, inclusive and other costs of the types referred to in paragraph 1.2.6) so that ENGINEER may make the necessary findings to support opinions of probable Total Project Costs. 3.13. Attend the pre-bid conference, bid opening, pre -construction conferences, construction progress and other job related meeting and substantial completion inspections and final payment inspections. 3.14. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of ENGINEER's services, or any defect or nonconformance in the work of any Contractor. Page 14 of 26 0 NORTHWEST PARK - PN8801 City of La Porte • Stiver Engineering, Inc. 01/07/1988 3.15. Furnish, or direct ENGINEER to provide, Additional Services as stipulated in paragraph 2.1 of this Agreement or other services as required. 3.16. Bear all costs incident to compliance with the requirements of this Section 3. SECTION 4 - PERIODS OF SERVICE 4.1. The provisions of this Section 4 and the various rates for compensation for ENGINEER's services provided for elsewhere in this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion of the Construction Phase. ENGINEER's obligation to render services hereunder will extend for a period which may reasonably be required for the design, award of contracts, construction and initial operation of the Project including extra work and required extensions thereto. If in Exhibit A "Further Description of Basic Engineering Services and Related Matters" specific periods of time for rendering services are set forth or specific dates by which services are to be completed are provided and if such dates are exceeded through no fault of ENGINEER, all rates, measures and amounts of compensation provided herein shall be subject to equitable adjustment. 4.2. The services called for in the Study and Report Phase will be completed and the Report submitted within the stipulated period indicated in paragraph 2 of Exhibit A "Further Description of Basic Engineering Services and Related Matters" after written authorization to proceed with that phase of services which will be given by OWNER within thirty days after ENGINEER has signed this Agreement. 4.3. After acceptance by OWNER of the Study and Report Phase documents indicating any specific modifications of changes in the general scope, extent or character of the Project desired by OWNER, and upon written authorization from OWNER, ENGINEER shall proceed with the performance of the services called for in the Preliminary Design Phase, and shall submit preliminary design documents and a revised opinion of probable Total Project Costs within the stipulated period indicated in paragraph 3 of Exhibit A "Further Description of Basic Engineering Services and Related Matters". 4.4. After acceptance by OWNER of the Preliminary Design Phase documents and revised opinion of probable Total Project Costs, indicating any specific modifications or changes in the general scope, extent or character of the Project desired by OWNER, and upon written authorization from OWNER, ENGINEER shall proceed with Page 15 of 26 • NORTHWEST PARK - PN8801 City of La Porte Stiver Engineering, Inc. 01/07/1988 the performance of the services called for in the Final Design Phase; and shall deliver Contract Documents and a revised opinion of probable Total Project Costs for all work of Contractor(s) on the Project within the stipulated period indicated in paragraph 4 of Exhibit A "Further Description of Basic Engineering Services and Related Matters". 4.5. ENGINEER's services under the Study and Report Phase, Preliminary Design Phase and Final Design Phase shall each be considered complete at the earlier of (1) the date when the submissions for that phase have been accepted by OWNER or (2) thirty days after the date when such submissions are delivered to OWNER for final acceptance, plus in each case such additional time as may be considered reasonable for obtaining approval of governmental authorities having jurisdiction to approve the design of the Project. 4.6. After acceptance by OWNER of the ENGINEER's Drawings, Specifications and other Final Design Phase documentation including the most recent opinion of probable Total Project Costs and upon written authorization to proceed, ENGINEER shall proceed with performance of the services called for in the Bidding or Negotiating Phase. This Phase shall terminate and the services to be rendered thereunder shall.be considered complete upon commencement of the Construction.Phase or upon cessation of negotiations with prospective Contractor(s) (except as may otherwise be required to complete the services called for in paragraph 6.2.2.5). 4.7. The Construction Phase will commence with the execution of the first prime contract to be executed for the work of the Project or any part thereof, and will terminate upon written recommendation by ENGINEER of final payment on the last prime contract to be completed. Construction Phase services may be rendered at different times in respect of separate prime contracts if the Project involves more than one prime contract. 4.8. The Operational Phase will commence during the Construction Phase and will terminate one year after the date of Substantial Completion of the last prime contract for construction, materials and equipment on which substantial completion is achieved. 4.9. If OWNER has requested significant modifications or changes in the general scope, extent or character of the Project, the time of performance of ENGINEER's services shall be adjusted equitably. Page 16 of 26 E NORTHWEST PARK - PN8801 City of La Porte • Stiver Engineering, Inc. 01/07/1988 4.10. If OWNER fails to give prompt written authorization to proceed with any phase of services after completion of the immediately preceding phase, or if the Construction Phase has not commenced within sixty (60) calendar days (plus such additional time as may be required to complete the services called for under paragraph 6.2.2.5) after completion of the Final Design Phase, ENGINEER may, after giving seven days' written notice to OWNER, suspend services under this Agreement. 4.11. If ENGINEER's services for design or during construction of the Project are delayed or suspended in whole or in part by OWNER for more than three months for reasons beyond ENGINEER's control, ENGINEER shall on written demand to OWNER (but without termination of this Agreement) be paid as provided in paragraph 5.3.2. If such delay or suspension extends for more than one year for reasons beyond ENGINEER's control, or if ENGINEER for any reason is required to render Construction Phase services in respect of any prime contract for construction, materials or equipment more than one year after Substantial Completion is achieved under that contract, the various rates of compensation provided for elsewhere in this Agreement shall be subject to equitable adjustment. 4.12. In the event that the work designed or specified by ENGINEER is to be furnished or performed under more than one prime contract, or if ENGINEER's services are to be separately sequenced with the work of one or more prime.contractors (such as in the case of fast -tracking), OWNER and ENGINEER shall, prior to commencement of the Final Design Phase, develop a schedule for performance of ENGINEER's services during the Final Design, Bidding or Negotiating and Construction Phases in order to sequence and coordinate properly such services as are applicable to the work under such separate contracts. This schedule is to be prepared whether or not the work under such contracts is to proceed concurrently and is to be included in Exhibit A " Further Description of Basic Engineering Services and Related Matters", and the provisions of paragraphs 4.4 through 4.10 inclusive, will be modified accordingly. SECTION 5 - PAYMENTS TO ENGINEER 5.1. Methods of Pavment for Services and Expenses of ENGINEER 5.1.1. For Basic Services. OWNER shall pay ENGINEER for Basic Services rendered under Section 1 (as amended and supplemented by Exhibit A "Further Description of Basic Engineering Services and Related Matters") as follows: Page 17 of 26 • NORTHWEST PARK - PN8801 Stiver Engineering, Inc. City of La Porte 01/07/1988 5.1.2.3. Serving as a Witness. For services rendered ;by ENGINEER's principals and employees as consultants or witnesses in any litigation, arbitration or other legal or administrative proceeding in accordance with paragraph 2.1.13, at the rate of $600.00 per day or any portion thereof (but compensation for time spent in preparing to appear in any such litigation, arbitration or proceeding will be on the basis provided in paragraph 5.1.2.1). Compensation for ENGINEER's independent professional associates and consultants will be on the basis provided in paragraph 5.1.2.2. 5.1.3. For Reimbursable Expenses. In addition to payments provided for in paragraphs 5.1.1.and 5.1.2, OWNER shall pay ENGINEER the actual costs of all Reimbursable Expenses incurred in connection with all Additional Services. 5.1.4. The terms "Salary Costs" and "Reimbursable Expenses" have meanings assigned to them in paragraph 5.4. 5.2. Times of Payments. 5.2.1.ENGINEER shall submit monthly statements for Basic and Additional Services rendered and.for Reimbursable Expenses incurred: The statements-will.be based upon ENGINEER's estimate of the proportion of the total services actually completed at the time of billing. OWNER shall make prompt monthly payments in response to ENGINEER's monthly statements. 5.3. Other Provisions Concerning Payments. 5.3.1. If OWNER fails to make any payment due ENGINEER for services and expenses within thirty days after receipt of ENGINEER's statement therefor, the amounts due ENGINEER will be increased at the rate of•1% per month from said thirtieth day, and in addition, ENGINEER may,'after giving seven days' written notice to OWNER, suspend services under this Agreement until ENGINEER has been paid in full all amounts due for services, expenses and charges. 5.3.2. In the event .of termination by OWNER under paragraph 7.1 upon the completion of any phase of the Basic Services, progress payments due ENGINEER for services rendered through such phase shall constitute total payment for such services. In the event of such termination by OWNER during any phase of the Basic Services, ENGINEER will be paid for services rendered during that phase on the basis of ENGINEER's Standard Schedule of Compensation (Exhibit C) for services rendered during that phase to date of termination by ENGINEER's principals and employees engaged directly on the Page 19 of 26 NORTHWEST PARK - PN8801 City of La Porte Stiver Engineering, Inc. 01/07/1988 Project. In the event of any such termination, ENGINEER also will be reimbursed for the charges of independent professional associates and consultants employed by ENGINEER to render Basic Services, and paid for all unpaid Additional Services and unpaid Reimbursable Expenses, plus all termination expenses. Termination expenses mean Reimbursable Expenses directly attributable to termination, which, if termination is at OWNER's convenience, shall include an amount computed as a percentage of total compensation for Basic Services earned by ENGINEER to the date of termination as follows: 20% if termination occurs after commencement of the Preliminary Design Phase but prior to commencement of the Final Design Phase. 10% if termination occurs after commencement of the Final Design Phase. 5.3.3. Records of ENGINEER's Salary Costs pertinent to ENGINEER's compensation under this Agreement will be kept in accordance with generally accepted accounting practices. Copies will be made available to OWNER at cost on request prior to final payment for ENGINEER's services. 5.3.4. Whenever a factor is applied to Salary Costs in determining compensation payable to ENGINEER that factor will be adjusted periodically and equitably to reflect changes in the various elements that comprise such factor. All such adjustments will be in accordance with generally accepted accounting practices as applied on a consistent basis by_ENGINEER and consistent with ENGINEER's overall compensation practices and procedures. 5.4. Definitions. 5.4.1. The Salary Costs used as a basis for payment means salaries and wages (basic and incentive) paid to all ENGINEER's personnel engaged directly on the Project, including, but not limited to, engineers, architects, surveyors, designers, draftsmen, specification writers, estimators, other technical and business personnel; plus the cost of customary and statutory benefits including, but not limited to, social security contributions, unemployment, excise and payroll taxes, worker's compensation, health and retirement benefits, sick leave, vacation and holiday pay and other group benefits. For the purposes of this Agreement, the principals of ENGINEER and their current hourly Salary Costs are: SEE EXHIBIT C The hourly Salary Costs of principals of ENGINEER will be adjusted Page 20 of 26 L� NORTHWEST PARK - PN8801 City of La Porte Stiver Engineering, Inc. 01/07/1988 equitably to reflect changes in personnel and in ENGINEER's overall compensation procedures and practices. The amount of customary and statutory benefits of all other personnel of ENGINEER will be considered equal to N/A % of salaries and wages, subject to equitable adjustment to reflect changes in ENGINEER's overall compensation procedures and practices. 5.4.2. Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER's independent professional associates or consultants, directly or indirectly in connection with the Project, such as expenses for: transportation and subsistence incidental thereto; obtaining bids or proposals from Contractor(s); providing and maintaining field -office facilities including furnishings and utilities; subsistence and transportation of Resident Project Representatives and their assistants; toll telephone calls and telegrams; reproduction of reports, Drawings, Specifications, Bidding Documents, and similar Project -related items in addition to those required under Section 1; and, if authorized in advance by OWNER, overtime work requiring higher than regular rates. SECTION 6 - CONSTRUCTION COST AND OPINIONS OF COST 6.1. Construction Cost. The construction cost of the entire Project (herein referred to as "Construction Cost") means the total cost to OWNER of those portions of the entire Project designed and specified by ENGINEER, but it will not include ENGINEER's compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to, properties unless this Agreement so specifies, nor will it include OWNER's legal, accounting, insurance counseling or auditing services, or interest and financing charges incurred in connection with the Project or the cost of other services to be provided by others to OWNER pursuant to paragraphs 3.7 through 3.11, inclusive. [Construction Cost is one of the items comprising Total Project Costs which is defined in paragraph 1.2.5.1 6.2. Opinions of Cost. 6.2.1. Since ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s)' methods of determining prices, or over competitive bidding or market conditions, ENGINEER's opinions of probable Total Project Costs and Construction Cost provided for herein are to be made on the basis of ENGINEER's experience and qualifications and represent ENGINEER's best judgement as an Page 21 of 26 0 NORTHWEST PARK - PN8801 City of La Porte ;7 Stiver Engineering, Inc. 01/07/1988 experienced and qualified professional engineer, familiar with the construction industry; but ENGINEER cannot and does not guarantee that proposals, bids or actual Total Project or Construction Costs will not vary from opinions of probable cost prepared by ENGINEER. If prior to the Bidding or Negotiating Phase OWNER wishes greater assurance as to Total Project or Construction Costs, OWNER shall employ an independent cost estimator as provided in paragraph 3.9. 6.2.2. If a Construction Cost limit is established by written agreement between OWNER and ENGINEER and specifically set forth in this Agreement as a condition thereto, the following will apply: 6.2.2.1. The acceptance by OWNER at any time during the Basic Services of a revised opinion of probable Total Project or Construction Costs in excess of the then established cost limit will constitute a corresponding revision in the Construction Cost limit to the extent indicated in such revised opinion. 6.2.2.2. Any Construction Cost limit so established will include a contingency of ten percent unless another amount is agreed upon in writing. 6.2.2.3. ENGINEER will -be permitted to determine what types of materials, equipment and component systems are to be included in the Drawings and Specifications and to make reasonable adjustments in the general scope, extent and character of the Project to bring it within the cost limit. 6.2.2.4. If the Bidding or Negotiating Phase has not commenced within six months after completion of the Final Design Phase, the established Construction Cost limit will not be binding on ENGINEER, and OWNER shall consent to an adjustment in such cost limit commensurate with any applicable change in the general level of prices in the construction industry between the date of completion of the Final Design Phase and the date on which proposals or bids are sought. 6.2.2.5. If the lowest bona fide proposal or bid exceeds the established Construction Cost limit, OWNER shall (1) give written approval to increase such cost limit, (2) authorize negotiating or rebidding the Project within a reasonable time, or (3) cooperate in revising the Project's general scope, extent or character to the extent consistent with the Project's requirements and with sound engineering practices. In the case of (3), ENGINEER shall modify the Contract Documents as necessary to bring the Construction Cost within the cost limit. In lieu of other compensation for services Page 22 of 26 E NORTHWEST PARK - PN8801 City of La Porte • Stiver Engineering, Inc. 01/07/1988 in making such modifications, OWNER shall pay ENGINEER, ENGINEER's cost of such services, all overhead expenses reasonably related thereto and Reimbursable Expenses, but without profit to ENGINEER on account of such services. The providing of such service will be the limit of ENGINEER's responsibility in this regard and, having done so, ENGINEER shall be entitled to payment for services in accordance with this Agreement and will not otherwise be liable for damages attributable to the lowest bona fide proposal or bid exceeding the established Construction Cost. SECTION 7 - GENERAL CONSIDERATION 7.1. Termination. The obligation to provide further services under this Agreement may be terminated by either parity upon thirty days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no-fault of the terminating party. 7.2. Reuse of Documents. All documents including Drawings--and'.Specificagions prepared or furnished by ENGINEER (and ENGINEER':s-independent professional associates and consultants) pursuant to this Agreement are instruments of service in respect of the Project and ENGINEER shall retain an ownership and property interest therein whether or not the Project is completed. OWNER may make and.retain copies for information and reference in connection with the use and occupancy of the Project by OWNER and others; however, such documents are not intended or represented to be suitable for reuse by OWNER or others for extensions of the Project or on any other project. Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at the OWNER's sole risk and without liability of legal exposure to ENGINEER, or to ENGINEER's independent professional associates or consultants, and OWNER shall indemnify and hold harmless ENGINEER and ENGINEER's independent professional associates,.and consultants from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle ENGINEER -to further compensation at rates to be agreed upon by OWNER and ENGINEER. 7.3. Insurance. 7.3.1. Engineer shall procure and maintain insurance for protection from claims under workers' compensation acts, claims for damages because of bodily injury including personal injury, Page 23 of 26 0 NORTHWEST PARK - PN8801 Stiver Engineering, Inc. City of La Porte 01/07/1988 sickness or disease or death of any and all employees or of any person other than such employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom. 7.4. Controlling Law. This Agreement is to be governed by the law of the principal place of business of ENGINEER. 7.5. Successors and Assigns. 7.5.1. OWNER and ENGINEER each is hereby bound and the partners, successors, executors, administrators and legal representatives of OWNER and ENGINEER (and to the extent permitted by paragraph 7.5.2 the assigns of OWNER and ENGINEER) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this Agreement. 7.5.2. Neither OWNER or ENGINEER shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this Agreement without the written _consent of the other, except to the extent that any-assi.gnment,.subletting or transfer is mandated by law of the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent ENGINEER from employing such independent professional associates and consultants as ENGINEER may deem appropriate to assist in the performance of services hereunder. 7.5.3 Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than OWNER and ENGINEER,and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party. 7.6. Arbitration. 7.6.1 All claims, counterclaims, dispute and other matters in question between the parties hereto arising out of or relating to this Agreement or the breach thereof will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations and restrictions stated in Page 24 of 26 NORTHWEST PARK - PN8801 City of La Porte Stiver Engineering, Inc. 01/07/1988 paragraphs 7.6.3 and 7.6.4 below. This Agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this paragraph 7.6 will be specifically enforceable under the prevailing law of any court having jurisdiction. 7.6.2. Notice of demand for arbitration must be filed in writing with the other parties to this Agreement and with the American Arbitration Association. The demand must be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event may 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 statute of limitations. 7.6.3. All demands for arbitration and all answering statements thereto which include any monetary -claim must contain a statement that the total sum or value in controversy as alleged by the party making such demand or answering statement is not more than $200,000 (exclusive of interest and costs) and the arbitrators will not have jurisdiction, power or authority to render a monetary award in response thereto against any party which totals more than $200,000 (exclusive of interest and costs). The arbitrators will not have jurisdiction, power or authority to consider; or make find ngs'(except in denial of their own jurisdiction) concerning any claim, -counterclaim, dispute or other matter in question where the amount in controversy of any such claim, counterclaim, dispute or matter is more than $200,000 (exclusive of interest and costs). 7.6.4. No arbitration arising out of, or relating to, this Agreement may include, by consolidation, joinder or in any other manner, any person or entity,who*is not a party to this Agreement. 7.6.5. By written consent signed by all parties to this Agreement and containing a specific reference hereto, the limitations and restrictions contained in paragraphs 7.6.3 and 7.6.4 may be waived in whole -or in part as -to any claim, counterclaim, dispute'or other matter specifically described in such consent. No consent to arbitration in respect of a specifically described claim, counterclaim, dispute or other matter in question will constitute consent or in which the sum or value in controversy exceeds $200,000 (exclusive of interest and costs) or which is with any party not specifically described therein. 7.6.6. The award rendered by the arbitrators will be final, judgement may be entered upon in any court having jurisdiction thereof, and will not be subject to modifications or appeal except to the extent permitted by Sections 10 an 11 of the Federal Arbitration Act (9 U.S.C. Sections 10, 11). Page 25 of 26 U NORTHWEST PARK - PN8801 City of La Porte • Stiver Engineering, Inc. 01/07/1988 SECTION 8 - SPECIAL PROVISIONS, EXHIBITS AND SCHEDULES. 8.1 This Agreement is subject to the following special provisions. NONE 8.2. The following Exhibits are attached to and made a part of this Agreement: 8.2.1. Exhibit A "Further Description of Basic Engineering Services and Related Matters" consisting of one (1) page. 8.2.2. Exhibit B (Not used). 8.2.3. Exhibit C "Standard Schedule of Compensation" consisting of one (1) page. 8.3. This Agreement (consisting of twenty-six (26) pages, inclusive) together with the Exhibits and schedules identified above constitute the entire agreement between OWNER and ENGINEER and supersede all prior written or oral understandings. This Agreement and said Exhibits and schedules may only be amended, supplemented, modified or cancelled by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. OWNER: ENGINEER: City of La Porte Stiver Engineering, Inc. By: ..By: Address for giving notices: City of La Porte Stiver Engineering, Inc. P.O. Box 1115 1309-A Peden Street La Porte, Texas 77571 Houston, Texas 77006 Page 26 of 26 0 NORTHWEST PARK - PN8801 Stiver Engineering, Inc. City of La Porte 01/07/1988 EXHIBIT A FURTHER DESCRIPTION OF BASIC ENGINEERING SERVICES AND RELATED MATTERS I. This is an exhibit attached to, made a part of and incorporated by reference into the Agreement made on , 1988 between the City of La Porte, Texas (OWNER) and Stiver Engineering, Inc. (ENGINEER) providing for professional services. The Basic Services of Engineer as described in Section 1 of the Agreement are amended or supplemented as indicated below and the time periods for the performance of certain services as indicated in Section 4 of the Agreement are stipulated as indicated below. 2. The Study and Report Phase shall be deleted. 3. The basis of the. Preliminary Design Phase shall be the Illustrative Plan of..,the Northwest.Park as prepared by the SWA Group dated.June 1987. The Preliminary Design Phase Services will be.completed and ENGINEER's documentation and opinion of costs submitted.within thirty (30) calendar :days following written author ization."from-OMER.--.c) F_NGIN.FFR _to .proceed with that phase of services. 4. The Final Design Phase Services will be completed and Contract Documents and ENGINEER's opinion of costs submitted _within thirty .(30) calendar days following written authorization .from OWNER to ENGINEER to proceed with that phase of services. 5. During the.Construction Phase ENGINEER shall provide limited on-site inspections.... The OWNER shall provide construction inspection for the Project. ENGINEER shall not provide the services of a Resident Project Representative. Construction completion shall be scheduled on or before October 31, 1988. Page 1 of 1 REQUEST FOR CITY COUNCIL AGEt:DA ITEM Agenda Date Requested: January 11, 1988 Requested By: ROSS Cox Department: CTP Y Report Resolution Ordinance Exhibits: Bid Tabulation and financial summary SUMMARY & RECOMMENDATION On August 31, 1987, construction bids for Little Cedar Bayou Park were received which were severely over budget. Council rejected bids at staff's recommendation and staff worked with SGWA to reduce the cost of the project by refining the design and producing six bid packages, while maintaining the quality of the project. The bids for the newly defined six packages were received December 13, 1987. Following is a listing of construction packages and staff recommendation rec-arding each: 1. Sitework - Hubco :,668,930 2. Swimming Pool - Crystal Pool $363,363 3. wave Equipment - Holding 4. Buildings - Murson e-286,820 5. Tennis Courts - Tennis Tech $ 39,479 6. Landscaping - Marek ?116,653 7. Miscellaneous - City $ 40,288 Action Required by Council: Approval of award to the recommended bidders. Availability of Funds: General Fund Capital Improvement Other I•,'ater/v*Tastewater General Revenue Sharing Account Number: 011 800 801 500 Funds Available: X YE _ NO ./ZRz6,5 DATE LITTLE CEDAR BAYOU PARK BID PACKAGE NUMBER 1 SITEWORK HUBCO, INC. Base Bid Electrical Revision Fence Bid Error Phospho Gypsum Sub -base TOTAL ( 11,000) ( 3,870) ( 6,000) estimate $668,930 Staff recommends Council approve award of construction for Bid Package Number 1 to Hubco, Inc. in an amount not to exceed $668,930. • LITTLE CEDAR BAYOU PARK BID PACKAGE NUMBER 2 SWIM14ING POOL CRYSTAL POOLS COMPANY, INC. Base Bid $363,460 Alternate 1 91150 Schedule 40 PVC ( 2,830) Gunite Pit ( 21500) Two 20HP Pumps ( 1,000) Concrete Plennum 4,500 Discount 2" ( 7417) TOTAL $363,363 Staff recommends Council approve award of construction for Bid Package Number 2 to Crystal Pools Company, Inc. in an amount not to exceed ;363,363. CRYSTAL POOLS COMPANY, INC. 8619 Richmond Avenue Houston, Texas 77063 (713)783-2017 Janaury 8, 1988 City Of La Porte 604 West Fairmont Parkway La Porte, Texas 77571 Attn: Dr. W. Cocks, C.P.I. Project Manager Re: -Bid Package Two Bid For Swimming; Pool At Little Cedar Bayou Park, La Porte, Texas This is to confirm that if Crystal Pools Company, Inc. is awarded a contract for construction as per *Bid Pack- age Two we agree to accept an immediate change order in the -contract sum as per the following addition and de- ductions: ITEM 1. Alternate No. 1 DEDUCT ADD Plaster Pool & With Tile Lanes $9,150.00 ITEM 2. Scheduled 40 P.V.C. Pipe In Place Of Schedule 80. Above Grade ($2,830.00) ITEM 3. Gunite Surge Tank Pit ($2,500.00) ITEM 4. Two 20 H.P. "Purex Model C." ($1,000.00) Pump In Place Of 40 II.P. Pump ITEM 5. Concrete Bottom In Area To Form A Airway (duct) $43500.00 TOTAL DEDUCTIONS - ($ 6,330.00) TOTAL ADDITIONS - $ 13,650.00 Less Deductions - ($ 6,330.00) Additions - $ 7,320.00 Original Bid Price - $363,460.00 Base Price - $370,780.00 Less 2% as per attached letter -($ 7,417.00) NEW CONTRACT PRICE - $363,363.00 Respectfu,].w s bmitted, milton H. Andero� LITTLE CEDAR BAYOU PARK BID PACKAGE NUMBER WAVE EQUIPMENT Staff has concerns with certain legal aspects which could affect acceptability of the low bidder and this item is scheduled for executive session. 0 LITTLE CEDAR BAYOU PARK_ BID PACKAGE 11NUr4BE'R 4 BUILDINGS MURSON CONSTRUCTORS, INC. Base Bid $289,000 L� Lime Stabilization ( 2,180) estimate TOTAL $286,820 Staff recommends Council approve award of construction for Bid Package Humber 4 to Murson Constructors, Inc. in an amount not to exceed $286,820. 0 MURSON • CONSTRUCTORp � � o January INCORPORATED �+a fl se 11V 8, 1988 . C.I.P. Per the instructions of Mr. John Cutler, of the SWA Group, we are ;., Dr. W. Ross Cox change proposal to the City of La Porte, Texas La Porte, Texas Ref: Little Cedar Bayou Park Bid Package Four ...................... .$289,000.00 Dear Dr. Cox, Per the instructions of Mr. John Cutler, of the SWA Group, we are ;., submitting the following change proposal to the above referenced project: Amount Bid ...................... .$289,000.00 Earthwork: Delete: Removal and replacement of 3' of soil material....... (4,375.00) Add: Lime stabilization of existing soil material.... 2,195.00 REVISED PROPOSAL TOTAL ............ $286,820.00 If awarded the contract at the bid amount, we will execute an immediate change order to revise the contract total to equal the revised total above. Additional costs savings of approximately $1,000.00 could be realized if the lime stabilization work is performed by the subcontractor in Bid Package One. We are exploring possible costs savings in the metal roofing system and will pass along the savings to the City of La Porte if an alternate manufacture can be used in lieu of MBCI. Furthermore, if awarded the contract, we will continue our value engineering efforts, in consultation with your design team, to achieve additional costs savings for the City of La Porte, Texas. We look forward to working with you on this project. Please call Us if we can be of further assistance. Sincerely, URS CONS UCTORS, NC. urry A. Hol ey Presiden MAH/th 923 E. Pasadena Fwy. • Pasadena, Texas 77506-1416 • (713) 920-1744 cc: Bart Dansby, Estimator 0 • LITTLE CEDAR BAYOU PARK BID PACKAGE PLUMBER 5 TENNIS COURTS TENNIS TECH, INC. Base Bid $ 39,479 Staff recommends Council approve award of construction for Bid Package Number 5 to Tennis Tech, Inc. in an amount not to exceed $39,479. 0 MAREK BROTHERS COMPANY LANDSCAPE DIVISION January 8, 1988 • City of La Porte 604 West Fairmont Parkway La Porte, Texas 77571 Attention: Dr. W. Ross Cox/CIP Project Director Subject: Little Cedar Bayou Park -Landscape Construction Package Six and Alternate #1 Dear Dr. Cox, If awardedpackage six on Little Cedar Bayou Park we are aware and accept the change order to alternate #l, the deletion of the Bridge at Broadway. Changes in Bid total as shown below. Package #6 Lump Sum Base Bid: $91,533.00 Alternate # 1 Boardwalks, Foot Bridge, Canoe Launch 26,631.00 $118,164.00 Change Order to Alternate #1 Deletion of Bridge at Broadway (-1,511.00) REVISED BID AMOUNT: $116,653.00 ncer aul Sanker General Manager 9804 MAREK ROAD, HOUSTON, TEXAS 77038 (713) 447-6249 CONTRACT AWARD SUMMARY LITTLE CEDAR BAYOU PARK � CITY OF LAFORTE, TEXAS SITE DEVELOPMENT iECErEER 18, 1487 REVISED DECEMBER 28, 1987 ^ LAF 654 (JECDisk, LAP654s) BASE BID CONTRACT BIDDER BASE BID ALTERNATE 1 PLUS ALT. 11 AWARD -------------------------------------------------------------------------------------- SITEWORK - ONE --------------------------- HUBCO, INC, f684,800.00 1609,800.00 POOL - TWO ------N0 CRISTAL POOLS COMPANY, INC. $363,460.00 19,150.00 $372,610.00 $372,610.00 WAVE EDUIPMENT - THREE ALT. 11 PLUS --------------------------- B.B. OFT. 11612 WHITEWATER WAVE SYSTEMS $46,680.00 $17,015.00 $113,695.00 $113,695.00 BUILDINGS - FOUR --------- - -------- ------ MURSON CONSTRUCTCRS $289,000.00 1289,000.00 TENNIS COURTS - FIVE --------------------------- '1 TENNIS TECH, INC. (39,479.00 139,479.00 • LANDSCAPE - SIX --------------------------- MAREK BROS. LANDSCAPE $91,533.00 $91,533.00 -------------- TOTAL BASE FIDS (1,569,952.00 --------------- $1,546,111.00 . CITY ACQUISITIONS - PACKAGE $30,700.00 $30,700.00 -------------- GRAND TOTAL $1,600,652.00 --------------- $1,626,817.00 _ �l 1 �1 BID SUMMARY LITTLE CEDAR BAYOU PARK CITY OF LAPORTE, TEXAS SITE DEVELOPMENT 6ECEMiER 18, 1987 LAP 654 (JECDisk, LAP654-142) BASE BID BREAKDOWN SITEMORK - PACK.A6E ONE --------------------------- FISHING SOFTBALL FIELD CONCRETE PAVING TENNIS COURT SOFTBALL CC;r_rE.E CALENDAR PIER NO. 3 LIGHTING IN LIEU ASPHALT GRADING SITE STORM SANITARY NATER ASPHALT FIELDS k FENCE SOCCER POOL MdLYS/ 6155ER ADDENDUM DAYS BID FSHD BASE BID ALTERNATE 1 ALTERNATE 2 ALTERNATE 3 ALTERNATE 4 SITE CLEARING GRADING DRAINAGE SEWER SERVICE ELECTRICAL ROAD WORK WALKS 11,12 1 13 FIELD EXCAVATION FC9; EECY Hueco, INC. YES 180 YiE 1609,8,".99 $48,950 116,400.00 $143,500.00 $3,900.00 $22,350.00 $20,830.00 190 500.00 $6,400.00 $23,100.00 $204,000.00 $170,570.00 $16,100.00 161 370.00 f10,+)00.04 (13,50').00 t51.i94. ^' E 4 C GROUP, INC. YES 180 YES 1703,125.00 1460,000.00 $22,700.00 4520,000.00 $4,000.00 151,016.00 $02,940.00 195,190.00 $8,716.00 $38,634.00 $135,745.00 $165,002.00 110,020.00 $41,598.00 13,65„ 00 $11,500.2!0 157,291 MCY.E1 CONSTRUCTION,INC. YES 180 YES 1123,503.50 HD BID 19,800.00 $118,282.15 $500.00 $44,740.00 1122,740.00 171,360.00 $5,007.50 $34,921.00 1164,675.00 $159,470.00 $25,590.00 137,000.00 $3,000.00 1101500.00 144,509.00 SMA GROUP 1689,461.25 n $40 00.00 r o 125 000.00 , � 112..,883.75 � $. 500.00 , $37 845.00 , 668 266.25 r $58 170.00 r $7 540.00 , $29 080.00 r $165 328.50 r $212 502.00 r $15,983-00 � $41,764.50 , 1!,837.50 10.;0 $53,075.0§ SWIMMING POOL - PACKAGE TWO BID -- BREAKDOWN POOL PLASTER BIDDER CALENDAR 6 TILE SITE CONCRETE WAVE EDUIP. FILTER 6 POOL LABOR MATERIAL BASE BID PLUS ADDENDUM DAYS BID BOND BASE BID ALTERNATE 1 CLEARING EXCAVATION SHELL IMBED ITEMS PIPING ELECTRICAL PERFORM. BONDS ALT. It CRYSTAL POOLS CO.INC. YES 120 PENDING 1363,460.91 19,150.00 12,000.00 13,000.00 1192,904.00 13,000.00 $87,220.00 $7,540.00 $67,796.00 $372,610.00 OASIS CONSTTRUCTION YES 90 CHECK 1394,060.00 $12,500.00 $0.00 610,5(,0.00 $150,000.00 $2,000.00 175,000.00 $7,500.00 $149,000.00 $406,500.00 EK.F'iJP 4175,440.00 E.ILCINOi - PAG:SE FOJR BID --------•------------------ BREAKDOWN .U1M:FI CALEIJ R FIELD POOL EQUIP. POOL ADMIN. BI(CEr „!TENLn DAIS BIO BONS BASE BID HOUSE 11 STOEASE BLDG CONCESSION PARK SIGNS .:L:E, EF:TNEF. ENTEEFF!EE. .ES LIT CE CED" EAICU Ptl57. YES 138:,436.00 1110,479.00 159,175.00 1212,614.00 64,169.00 r.. 1:0 YES 1250,279.00 1110,307.00 1130,625.00 145,003.00 14,262.00 :.�:EIELO i ?uIR'Jiii'F S,In:. YEi 1.10 7 (I?Y OF L;p5l!E, TEKA5 1303,609.00 $93,864.00 157,017.00 1147,778.00 15,000.00 ...a.-...9,1!ni k :: C•. IES 120 YES 5372,000.01i 1130,000.00 172,000.00 1160,000.00 110,000.00 X. IES 120 IES 'E IE .ELCPeENt 600,000.00 131,000.00 1172,000.00 16,000.00 -�' EF%•F 1262,537.00 101,509.00 641,774.00 1135,253.50 14,000.00 !E, :907 •.!.E( t6CEnEER 28, 1927 -., ;54 l3ECDlsk, LAP6`.4-11 OPTIONS TO BASE BID K,.E EQUIFeENT - FACY.ASE INKE BA.E BlD ------------------------- 1-60 HP2-150 MULTI-NAVE CONTROLS 100 HP MOTORS HP PARALLEL CONTROLLS FOR OPTION 1 OPTION 2 OPTION 3 OPTION 4 OPTION 5 OPTION 6 OPTION 7 PLUS ALI.f1 1 CALENDAR SYSTEM FOR PARALLEL YAVES NAVE PARALLEL B PNEUXATIL DISCONNECT STAINLESS SOLID STATE AUTO. NAVE H1. RAINTREE 100 WAVE CONTROLS OPTION I B 2 E!E2ER ABDENC•UN DAYS BID BOND BASE BID ALTERNATE I 2 NAVES EICESS 30 IN. ALTERNATE 2 DIAMOND WAVES COMPRESSOR SWITCHES VALVES MOTOR START CONTROL f0ux1A1N I-ITE.,?ER .AVE 5137E.i YES 10 CHECK 196,684.00 112,990 (11,900) 118,330.00 12,135.00 15,750.00 13,240.00 8765.00 11,086.00 18,650.00 16,770.00 0,120.09 15,150.00 1113,695.1J" 4-60 HP - OPTION 1 OPTION 2 OPTION 3 OPTION 4 MULTI-WAVE OPTION 1 OPTION 2 OPTION 3 OPTION 4 2-150 HP OPTION 1 OPTION 2 OPTION 3 CONTINUOUS CONTIN!'3US DIRECT AIR STAINLESS STEEL SYSTEM MANIFOLD AIR CONTINUOUS CONTINUOUS STAINLESS PARALLEL WAVE UPGRADE TO UPGRADE TO STAINLESS STEEL PIFE PLENUM CO'd.PLEN'JM DELIVERY VALVES ALTERNATE 1 DELIVERY PIPE PLENUM CONC.PLENUM VALVES ALTERNATE 2 375 HP 500 HP VALVES aJ;'IC k6EMEN1 45i0C.LID IES lo: YES 1!22,700.00 12,800.00 (1),910.001 11,200.00 13,200.00 $29,300.00 115,340.001 (1800.00) (15,501.00) 14,890.00 135,600.00 131,300.00 149,300.00 14,890.00 EK.F'iJP 4175,440.00 E.ILCINOi - PAG:SE FOJR BID --------•------------------ BREAKDOWN CALEIJ R FIELD POOL EQUIP. POOL ADMIN. BI(CEr „!TENLn DAIS BIO BONS BASE BID HOUSE 11 STOEASE BLDG CONCESSION PARK SIGNS .:L:E, EF:TNEF. ENTEEFF!EE. .ES 12,i YES 138:,436.00 1110,479.00 159,175.00 1212,614.00 64,169.00 r.. 1:0 YES 1250,279.00 1110,307.00 1130,625.00 145,003.00 14,262.00 :.�:EIELO i ?uIR'Jiii'F S,In:. YEi 1.10 YES 1303,609.00 $93,864.00 157,017.00 1147,778.00 15,000.00 ...a.-...9,1!ni k :: C•. IES 120 YES 5372,000.01i 1130,000.00 172,000.00 1160,000.00 110,000.00 X. IES 120 IES 1289,000.00 600,000.00 131,000.00 1172,000.00 16,000.00 -�' EF%•F 1262,537.00 101,509.00 641,774.00 1135,253.50 14,000.00 0 - U IiLL LL.mh LA I LIU t14 w � I CITY OF LAPORTE, TEXAS S:TE CE'IELOPMENT CECS°PEP 19, 1987 L LRP 654 IJECOisk, LAP654-51 l._ TENNIS COURTS - PACKAGE FIVE BID �. --------------------------- BREAKDOWN TWO �. CALENDAR TENNIS COURTS LINE CONCRETE COLOR e BIDDER ADDENDUM DAYS BID BOND BASE BID ALTERNATE 1 STABILIZATION COURTS FENCING NETS i EQUIP. COATING TENNIS TECH, INC. YES 70 YES $391,479.00 $34,190.00 $4,530.00 $22,009.00 $6,140.00 11,800 $5,000 SNC, INC. YES 60 YES $48,990.00 135,600.00 $6,173.00 $27,483.00 $6,859.00 $2,009.00 $6,466.00 SNA CROUP $40,000.00 $40,000.00 BRIDGES, CANOE LAUNCH SELECTIVE PATH PATH GRASSING LANDSCAPE LANDSCAPE LA30SCAPE - PACKAGE SIX ALTERNATE 1 FINE GRADING CLEARING MAIN PARK EAST PARK SEED I SOD PLANTING IRR16ATION l--------------------------- I MASEV. PROS. CO. LANDSCAPE YES 120 YES $91,533.00 $45,500.00 $16,250.00 $5,005.00 $283.00 $719.00 $23,299.00 $23,745.00 $22,232.00 RANDALL 6 BLAKE, INC. YES 120 YES $132,700.00 $32,975.00 $10,300.00 $7,300.00 $4,400.00 $5,425.00 $34,300.00 $33,700.00 $37,275.00 BUILD6. ESTIMATING l CONST. YES 120 YES $152,467.00 $34,000.00 $4,050.00 $11,025.00 $3,000.00 $6,750.00 $34,242.00 $63,700.00 $29,700.00 �J SNC, INC. YES 120 YES 1183,444.00 $23,900.00 $13,942.00 $22,380.00 $5,070.00 $3,435.00 $14,620.00 $84,384.00 134,304.00 SIPSON LANDSCAPING YES 120 YES $199,737.25 $37,570.00 $88,921.25 $15,900.00 $3,108.00 16,804.00 $23,132.00 $36,872.00 125,000.00 RIDCE0,390 LANOSCAPING,INC. YES 150 YES $221,613.00 $24,861.00 $15,000.00 $5,000.00 $4,000.00 11,000.00 $129,660.00 $41,070.00 125,883.00 5kA GROUP $97,193.00 $17,700.00 $20,868.00 $0.00 $5,527.50 $0.00 $23,340.00 $29,800.00 117,657.50 - r w � 0 • LITTLE CEDAR BAYOU PARK CITY OF LA PORTE, TEXAS January 8, 1988 05:49 PM TEXAS PARKS AND WILDLIFE DEPARTMENT GRANT FUNDS SUMMARY ------------------------------------------------------- PARK FACILITIES A. Recreational Facilities 1. Unlighted softball fields (3) 2. Unlighted soccer field/ football field (1) 3. Unlighted tennis courts (3) 4. Swimming pool 5. Picnic tables (30) with grills (30) & trash recepttacles(150) 6. Playground/play hill 7. Nature trail with 2 footbridges (2.6 mile bark trail) 8. Walkways 9. Boardwalks & interpretative signs 10. Fishing pier w/restroom 11. Canoe launch & turnaround B. Miscellaneous 1. Landscaping_ 2. Irrigation 3. Fencing 4. Contingencies & signs 5. Painting & lights Total Construction for Grant Items GRANT FUNDS NOT USED C. Non-6rant Park Facilities Package 1 - Sitework Package 2 - Swimming Pool Package 3 - Wave Equipment Package 4 - Buildings Package 5 - Tennis Courts Package 6 - Landscaping Packaqe 7 - City Acquisitions Total Construction Non -grant Items D. Project Cost Summary 1. Subtotal Project Construction Cost 2. 5% Contingency TOTAL CONSTRUCTION COST STATE FUNDING BASIS $120,000 $32,000 $90,000 $500,000 $411,IL5�J0� $42,500 $84,000 $72,500 $27,500 $77,500 $19,500 $55,000 $47,000 $24,000 $128,250 $10,000 Note (3W $1,371,000 $124,791 GRANT FUNDS ALLOWABLE $295,970 $0 $103,300 $101,948 $0 $0 $6,545 $501,763 --------------------- 12/l8i87 BID ITEM AMOUNTS NO. --------------------- $61,370 (1) $10,000 (2) $39,479 (3) $691,060 (4) $19,974 (5) $10,423 (6) $15,009 (7) $169100 (8) $14,312 (9) $0 (10) $1,806 (11) $52,994 (12) $11,732 (13) $7,295 (14) $156,915 (15) $12,950 (16) $1,121,419 $560,710 $507,763 $1,629,182 $50,000 $1,679,182 ((CCCC Page 1 0 E. Financial Position • Page 2 1. Bond Funds Available 12/31/87 $961,825 2. Other Expenses - CPA 3. Committed Fees & Exp - SNA ($49,652) 4. Grant Funds Allowable $560,710 5. City Labor $10,349 Total Funds Available $1,482,053 <<<<<< EXCESS (SHORTFALL) FUNDS ($197,130) « « « (Shortfall paid from bond fund interest earned) BREAKDOWN OF BRANT ALLOCATION ITEM NO. --------------------------------- (1) Unlighted softball fields (3) (2) Unlighted soccer field/ football field (1) (3) Unlighted tennis courts (3) 0 • DESCRIPTION Package one - Bid Breakdown Item #1 soft ball fields 1,2&3 Package one - Hid Breakdown Item #10 Soccer field Package five -Base bid unlighted courts (2) (4) Swimming pool Package two - Base bid Package one - Item #12 Concrete walks & pool deck Package one - Item #11 Pool excavation Package one - Unit prices Pool area liR_hts (2) Package one - Unit prices Pool walkway lights (9) Package one - Unit prices Pool entry lights (2) Package one - Unit prices Elec. feeder to pool equip. 360 If @15.00 Elec. feeder to pool bath house. 450115.00 Package one - Unit price backwash line 400 if @ 11.00 Package one - Unit prices 6' fence 670 If @1.40 Package four -Item #2 Pool storage bldg.(a) 180 sf 038.18 Package four -Item #3 Pool bath house Package one - Unit price S.Sewer 400 if @12.00 1 S.S. Manhole Package one - Unit price Water line 480 if 84-14.00 1 fire hydrant 500 if 2" @ 3.00 Packaue six - Lawn 35000 sf @ .20 Package six - Irrigation 35000 sf @ .30 Package six - Trees Sub total Page 3 COST SUBTOTAL 461,370 410,000 439,479 4363,363 451,080 413,500 41,000 412,000 43,000 415,000 #6,750 44,400 46,435 46,872 #172,000 44,800 4900 46,720 4940 41,500 47,000 410,500 43,300 $61,370 410,000 439,479 4691,060 (5) Picnic tables (30) with Package seven - Cost estimate grills (30) 4 trash 30 picnic tables $14,975 receptacles(150) 15 BBQ grills $1,809 20 trash receptacles $3,190 --------------- (6) Playground/play hill Package seven - Cost estimate play structure (7) Nature trail with 2 footbridges (2.6 mile bark trail) Package six - Item #2 Select.clear Item 13 Path Item #4 Path Unit prices Bridges A Bridges B (8) Walkways (9) Boardwalks S interpretative signs (10) Fishing pier wirestroom (11) Canoe launch & turnaround Miscellaneous (12) Landscaping (13) Irrigation (14) Fencing Package one - Item #8 Asphalt walks Package sir, - Boardwalks NOT ACCEPTED AS PART OF PARK CONTRACT Package six - Unit price Canoe Launch Package six - Item #1 Fine grading Package six - Grassing Package six - Trees Package six - Irrigation Item #7 less pool area Package seven - Outfield fencing Goal post (2) $10,423 $5,005 $283 $719 $4,501 $4,501 --------------- $16,100 $14,312 $0 $1,806 $16,250 $16,299 $20,445 --------------- Page 4 $19,974 $10,423 $15,009 $16.100 $14,312 $0 $1,806 $52,994 $11,732 $7,195 (15) Contingencies & signs Package one - Item # 1 Site clearing #22,350 Package one - Item 12 Site grading $20,830 Package one - Item 13 Storm drainage $90,500 Package one - Item #5 valves & meters 6-3"gate @400 $2,400 2-2"meters @650.00 $1,300 2-2"anti/syphon @323.00 $646 1-2"gate @100.00 $100 1-1"gate @75.00 $75 Package one - Item #5 Nater service in park 675 If 343.50 $2,363 705 If 1"@2.20 $1,551 2 drinking fountains $2,400 Package four -Item #4 Park siqn bollards $6,000 Package seven -Entrance signs $3,900 Soils & Conc Testing --------------- $2,500 (16)Painting and Lights Package one - Item #6 Park area lighting "M* street entry lights 5 @750.00 pole & fix. $3,750 Parking lot lights 8 pole & fix.@1150.00 $9,200 Page 5 $156,915 $12,950 GRAND TOTAL $1421,419 • BID SUMMARY BY BID PACKAGE BIDDER BID AMOUNT ---------------------------------------- SITEWORK - ONE HUBCO - BASE BID $689,800 Change Elect Subcontr ($11,000) Fence bid in error ($3,870) Phospho-gypsum sub base ($6,000)Itttttit#est Total $668,930 SWIMMING POOL - TWO CRYSTAL POOLS - BASE BID Alternate 1 Schedule 40 PVC Gunite Pit 2-20hp pumps Concrete plennum Discount 2% Total WAVE EQUIPMENT - THREE ------------------------- AQUATIC - BASE BID Alternate 1 Rebuilt Equip + added fan Subtotal Deferred Payment Total BUILDINGS - FOUR ------------------------- MURSON - BASE BID Lime Stabilization Total TENNIS COURTS - FIVE ------------------------- TENNIS TECH - BASE BID $363,460 $9,150 ($2,830) ($2,500) ($1,000) $4,500 ($7,417)(2) --------------- $363,363 $122,700 $35,600 ($30,000) $128,300 ($25,000)(1) $103,300 $289,000 ($2,180) $286,820 $39,479 is Page 6 • December 10, 1937 TO: FROM: SUBJECT: • MEMORANDUM f;6. P.c� u 5� ►-Z.'� r -ti Bob Herrera, City Manager Cherie Black, City Secretary Street Name for Convention Center Site The following names were submitted for naming the street at Sylvan Beach Convention Center. Jeff Litchfield: One Sylvan Place 100 Convention Center Drive One Sherwood Plaza John Joerns: Sylvan Way #5 Sylvan Place #5 Sylvan Grove #5 (Number used to be determined by number of former buildings that have existed in the Sylvan Beach area since day one.) Cherie Black: 100 Sylvan Circle #1 Convention Center Circle Sylvan Beach Circle (or Drive) Unsigned: No. 1 Sylvan Beach Street No. 1 Surf Circle 1 Blue Mater Circle Bay Front Circle Janie Luna: One Sylvan Beach Circle One Sylvan Beach One Bayshore Boulevard Ross Cox: Beach Club Drive Sylvan Club Circle Bay View Club Drive Convention Center Circle Club Circle Sylvan Beach Circle Bob Herrera Street Name for Convention Center Site December 10, 1987 Page 2 n Charles Smith: Sylvan Beach Road (or Drive) Sylvan Center Pavilion Drive Sylvan Park Road Stan Sherwood: Sylvan Bay Drive Sylvan Bay Circle Sylvan Beach Drive UIIIIWU� Cherie Black CITY OF LA PORTE INTER -OFFICE MEMORANDUM TO: Mayor Norman Malone & DATE: January 6, 1988 Members of City Council FROM: Robert T. Herrera, Cit Manager SUBJECT: Airport Commission I would like Council to consider re-establishing the Airport Commission which is authorized in the City's Charter. Our airport is a tremendous asset that needs attention. Properly cared for, it will become one of La Porte's most prized and recognized economic tools. The City has invested both time and money into this important air transportation facility. The City, in its committment to aviation, authorized and adopted an Airport Master Plan in 1986. In order for this Plan to be successful it must be followed, its recommendations carried out on a timely basis, and it must be modified periodically to meet with new issues. The real value of any Master Plan is that it keeps the goals and objectives in the mind of the user. Administratively, I nor my staff can spend the quality time I feel should be devoted to this asset. Currently, the only management provided by the City is basic maintenance and continued development of facilities. Each F.B.O. is charged with the responsibility to operate the airport through services they provide to users. I believe the Airport Commission can coordinate the following elements: 1. Keep the Airport Master Plan a living document. 2. Develop Plans of Action which will obtain those objectives set out in the Master Plan (see Exhibit A). Airport Commission Page 2 of 2 3. Develop a working relation with all F.B.O.'s and act as a sounding board to the requests made by the F.B.O.'s on Airport use and expansion. 4. Establish written rules and regulations for the entire airport complex which will yield a safe, efficient, economical and environmentally acceptable air facility. 5. Monitor all lease provisions. 6. Work towards self sufficiency. 7. Help promote and market the airport. The Commission would work closely with City Staff. Attached is a copy of Ordinance No. 513 which established an Airport Commission. Consideration might be given to amending this ordinance to allow input from the aviation business located at the airport. RTH/ jb Attachment: (1) 11 LA PORTE MUNICIPAL AIRPORT Master Plan OBJECTIVES The primary objective of the Airport Master Plan is to produce a long-term development program which will yield a safe, efficient, economical, and environmentally acceptable air transportation facility. The accomplishment of this objective requires an evaluation of the existing La Porte Municipal Airport and a determination of what actions should be taken in the future to maintain an adequate, safe and reliable airport facility to meet the aviation needs of the area. The completed Master Plan will provide a step-by-step, or phased, outline of the indicated developments, and give responsible officials advance notice of pending needs to aid in future scheduling and budgeting. This allows for orderly and timely development of the airport. To accomplish the objectives of this study, the Master Plan will: • Inventory and analyze data pertinent to the airport and its environs. • Collect and analyze general economic factors and evaluate the area's aviation activity. • Forecast aviation activity through the year 2005. • Determine airport facility requirements and their feasibility. • Investigate alternatives to meet the airport's needs. • Propose an airport layout plan and land use plan for the airport and its surrounding areas. • Schedule priorities, phase proposed developments, and estimate development costs. EXHIBIT "A" /0 (10 ORDINANCE NO. 513 AN ORDINANCE CREATING AN AIRPORT COMMISSION AND PRESCRIBING THE POWERS AND DUTIES THEREOF; CREATING THE OFFICE OF AIRPORT MANAGER AND PRESCRIBING THE TERMS OF OFFICE OF SUCH MANAGER AND MEMBERS OF SUCH AIRPORT COMMISSION. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE, TEXAS THAT: Section 1. There is hereby created a Board to be designated "City of La Porte Airport Commission", herein sometimes referred to as the Airport Commission, for the purpose of promoting the development of the Municipal Airport and the efficient operation thereof, and obtaining and enlarging commercial air— line carriage into and from the City of La Porte. The Airport Commission shall consist of three (3) members, appointed by the City Commission of the City of La Porte. Section 2. Each member of the Airport Commission shall be a resident citizen of the City of La Porte and no person having any financial interest in any commercial carrier by air, or in any concession, right or privilege to con— duct any business or render any service for compensation upon the premises of the Municipal Airport shall be eligible for membership on the Airport Commission. Section 3. The initial members of the Airport Commission shall. be appointed to serve until the 1st day of May, A. D. 1958 and all appointments thereafter shall be for a period of two (2) years, excepting appointments to fill facancies, which shall be only for the unexpired period of appointment of the member whose position has become vacant. All appointments to fill vacancies shall likewise be made by the City Commission of the City of La Porte. Perma— nent removal of residence from the City of La Porte by any member of the Airport 'Commission shall automatically terminate the membership of such member and create a vacancy. Section 4. There is hereby created the office of Airport Manager, who shall be the Manager of the La Porte Municipal Airport. The Chairman of the Airport Commission shall also be the Airport Manager. Section 5. The City Commission shall appoint a member of the Airport Commission as Chairman thereof, who shall also be the Airport Manager, and the Airport Commission shall elect from their members a Vice Chairman and shall also appoint a Secretary, who may, but need not be, a member of the Airport Commission. The members of the Airport Commission shall promulgate their own rules governing times and places of their meetings and the manner of conducting same. A majority -2— of the Airport Commission shall constitute a quorum, and all actions taken by i the Airport Commission shall be upon a majority vote of those present at any meeting. Section 6. The object and purpose of the Airport Commission is to act as an Advisory Board to the City Commission relating to all matters concern— ing the planning, establishment, development, construction, enlargement, im— provement, maintenance, equipment, operation, regulation, protection and polic— ing of the Municipal Airport of the City of La Porte, Section 7. The City Commission shall have the right, power and authority to remove any member of the Airport Commission at any time, for any reason, without hearing or notice to such member, as it may see fit; declare a j vacancy and make an appointment to fill such vacancy. Section a. All prior ordinances of the City of La Porte which are 'in conflict herewith are hereby expressly repealed. Passed and approved this the day of;:b_1 A. D. 1956. Mayor of the City e-f,a Porte, Texas ATTEST ; ity Clerk of the City of La Porte, Texas