HomeMy WebLinkAbout1988-04-25 Regular Meeting
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MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL
APRIL 25, 1988
1. The meeting was called to order by Mayor Malone at 6:00
P.M.
Members of City Council Present: Mayor Norman Malone,
Councilpersons John Lloyd, Ed Matuszak, Alton Porter, Mike
Shipp, Deotis Gay (arrived at 6:50 P.M.), Jerry Clarke
Members of Citv Council Absent: Councilpersons Betty
Waters and B. Don Skelton
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 Parks and Recreation Stan
Sherwood, Chief Building Official/Zoning Administrator
Ervin Griffith, Assistant Director of Public Works Buddy
Jacobs, Director of Community Development Joel Albrecht,
Recreation Supervisor Tim O'Connor, Parks Supervisor Bert
Clark, Assistant Fire Chief John Dunham, CIP Manager Ross
Cox
Others Present: Mr. Gee and the Commander of the La Porte
DAV Post; Larry Huff, Dr. Dale Clark, Dr. Joe Mock,
Pasadena Bayshore Hospital; approximately 25 citizens
2. The invocation was given by Mayor Malone in the absence of
Councilperson Betty Waters.
3. The Mayor proclaimed Mayas Disabled American Veterans
month in La Porte.
4. Council considered approving the minutes of the regular
meeting held April 11, 1988.
Motion was made by Councilperson Shipp to aporove the April
11 minute~ as presente~. Second by Councilperson Porter.
The motion carried, 6 ayes and 0 nays (Councilperson Gay
had not yet arrived).
Ayes: Councilpersons Lloyd, Matuszak, Porter, Shipp,
Clarke and Mayor Malone
Nays: None
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Minutes, Regular Meeting, La Porte City Council
April 25, 1988, Page 2
5. The Mayor introduced Larry Huff, Dr. Dale Clark, and Dr.
Joe Mock of the Pasadena Bayshore Hospital Complex. Mr.
Huff and Dr. Clark were given plaques of appreciation for
their contributions in support of the La Porte Triathlon.
Mrs. Shirley Thibodeaux addressed Council regarding
property belonging to her that is scheduled for demolition.
She asked Council to please reconsider, as she feels she
has brought the building to standards. Mrs. Thibodeaux was
asked to contact the Chief Building Official and talk with
them to see if the issue could be resolved.
Mr. Jim Longnecker addressed Council regarding the proposed
rate fee structure for the golf course.
Also addressing Council regarding the proposed rate fee
structure for the golf course were Bill McCoy, Mel Berges
and Ronald Sharp.
6. Council considered an ordinance establishing an Airport
Advisory Board and appointing members thereto.
Motion was made by Councilperson Matuszak to adopt the
ordinance establishing an Airport Advisory Board, that the
people named in the ordinance be appointed, and that
position 3 be left vacant pending a meeting that could
determine someone to fill that position. Second by
Councilperson Lloyd.
The City Attorney read: ORDINANCE 1583 - AN ORDINANCE
ESTABLISHING AN AIRPORT ADVISORY BOARD FOR THE CITY OF LA
PORTE MUNICIPAL AIRPORT; ESTABLISHING THE POWERS AND DUTIES
OF THE BOARD; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
The vote was taken and the motion carried, 6 ayes and 0
nays (Councilperson Gay had not yet arrived).
Ayes: Councilpersons Lloyd, Matuszak, Porter, Shipp,
Clarke and Mayor Malone
Nays: None
7. Council considered an ordinance granting a pipeline permit
to Air Products and Chemicals, Inc., and approving
assignment of permit to Texaco Chemical Company.
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Minutes, Regular Meeting, La Porte City Council
April 25, 1988, Page 3
The City Attorney read: ORDINANCE 915-Q-2 - AN ORDINANCE
GRANTING A PERMIT UNDER SECTION 18-a-3 OF ORDINANCE NO.
915, "PIPELINE TRANSPORTATION," BEING CHAPTER 18-A OF THE
CODE OF ORDINANCE OF THE CITY OF LA PORTE, TEXAS, AND
APPROVING THE APPLICATION OF AIR PRODUCTS AND CHEMICALS,
INC., TO OPERATE A TEN-INCH (10") PROPYLENE PIPELINE; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made bv Counciloerson Llovd to adopt Ordinance
915-Q-2 as read bv the City Attorney. Second by
Councilperson Clarke. The motion carried, 6 ayes and 0
nays (Councilperson Gay had not yet arrived).
Ayes: Councilpersons Lloyd, Matuszak, Porter, Shipp,
Clarke and Mayor Malone
Nays: None
8. Council considered a resolution authorizing the City
Attorney to acquire property for park purposes.
The City Attorney read: RESOLUTION 88-7 - A RESOLUTION
FINDING THE PUBLIC NECESSITY FOR THE ACQUISITION OF CERTAIN
PROPERTY FOR PARK PURPOSES; AUTHORIZING THE CITY ATTORNEY
OF THE CITY OF LA PORTE TO ACQUIRE SAID PROPERTY BY
NEGOTIATION WITH THE OWNERS THEREOF, OR BY PROCEEDINGS IN
EMINENT DOMAIN.
Motion was made bv Councilperson Clarke to approye
Resolution 88-7 as read bv the City Attorney. Second by
Councilperson Matuszak. The motion carried, 6 ayes and 0
nays (Councilperson Gay had not yet arrived).
Ayes: Councilpersons Lloyd, Matuszak, Porter, Shipp,
Clarke and Mayor Malone
Nays: None
9. Council considered a resolution authorizing the City
Attorney to acquire property for sanitary landfill site.
The City Attorney read: RESOLUTION 88-8 - A RESOLUTION
FINDING THE PUBLIC NECESSITY FOR THE ACQUISITION OF CERTAIN
PROPERTY FOR SANITARY LANDFILL PURPOSES; AUTHORIZING THE
CITY ATTORNEY OF THE CITY OF LA PORTE TO ACQUIRE SAID
PROPERTY BY NEGOTIATION WITH THE OWNERS THEREOF, OR BY
PROCEEDINGS IN EMINENT DOMAIN
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Minutes, Regular Meeting, La Porte City Council
April 25, 1988, Page 4
Motion was WSd~ bv Counciloerson Matuszak to aoorove
Resolution - as read bv the City Attornev. Second by
Councilperson Clarke. The motion carried, 6 ayes and 0
nays (Councilperson Gay had not yet arrived).
Ayes: Councilpersons Lloyd, Matuszak, Porter, Shipp,
Clarke and Mayor Malone
Nays: None
10. Council considered a resolution supporting South East
Economic Development Council, Inc. (SEED).
The City Attorney read Resolution 88-9. Motion was made bY
Councilperson Porter to approve Resolution 88-9 as read bv
the City Attorney. Second by Councilperson Clarke. The
motion carried, 6 ayes and 0 nays (Councilperson Gay had
not yet arrived).
Ayes: Councilpersons Lloyd, Matuszak, Porter, Shipp,
Clarke and Mayor Malone
Nays: None
11. Council considered approving recommended rate structure for
user fees at La Porte's Bay Forest Golf Course.
After discussion, motion was made by Councilperson Gav to
place this item on the May 9 Council agenda as a workshop
item and also for action by Council at that time. Second
by Councilperson Clarke. The motion carried, 7 ayes and 0
nays.
Ayes: Councilpersons Lloyd, Matuszak, Porter, Shipp, Gay,
Clarke and Mayor Malone
Nays: None
12. Council considered awarding a contract for construction of
fire training facility utilities.
Motion was made by Councilperson Matuszak to award the
contract for construction of fire training facility
utilities to John Watson Construction, Inc., in the amount
of $6g,149. Second by Councilperson Shipp. The motion
carried, 7 ayes and 0 nays.
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Minutes, Regular Meeting, La Porte City Council
April 25, 1988, Page 5
Ayes: Councilpersons Lloyd, Matuszak, Porter, Shipp, Gay,
Clarke and Mayor Malone
Nays: None
13. Council considered awarding a contract for construction of
the EMS building.
Motion was made by Councilperson Matuszak to award the
contract for construction of the EMS buildini to John
Watson Construction, Inc., in the amount of $226,ig9, to
include alternate A-1, the ienerator. Second by
Councilperson Lloyd. The motion carried, 7 ayes and 0
nays.
Ayes: Councilpersons Lloyd, Matuszak, Porter, Shipp, Gay,
Clarke and Mayor Malone
Nays: None
14. Council considered awarding a contract for construction
administration services for the EMS building and fire
training facility utilities.
Motion was made bv Councilperson Porter to award the
construction administration services contract to Stiver
Engineering in the amount not to exceed $7,895 without
written authorization. Second by Councilperson Shipp. The
motion carried, 7 ayes and 0 nays.
Ayes: Councilpersons Lloyd, Matuszak, Porter, Shipp, Gay,
Clarke and Mayor Malone
Nays: None
15. Council considered approving dedication of an easement to
Houston Lighting and Power Company for incoming power to
Little Cedar Bayou Park.
The City Attorney read: ORDINANCE 1584 - AN ORDINANCE
AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN
EASEMENT WITH HOUSTON LIGHTING & POWER COMPANY, IN FORM
ATTACHED TO THIS ORDINANCE.
Motion was made by Councilperson Lloyd to adopt Ordinance
]584 as read by the City Attorney. Second by Councilperson
Shipp. The motion carried, 7 ayes and 0 nays.
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Minutes, Regular Meeting, La Porte City Council
April 25, 1988, Page 6
Ayes: Councilpersons Lloyd, Matuszak, Porter, Shipp, Gay,
Clarke and Mayor Malone
Nays: None
16. Council considered approving the request of the Parks and
Recreation Department to form an ad hoc Sports Association.
Motion was made by Councilperson Shipp to approve the
request to form an ad hoc Sports Association. Second by
Councilperson Clarke. The motion carried, 7 ayes and 0
nays.
Ayes: Councilpersons Lloyd, Matuszak, Porter, Shipp, Gay,
Clarke and Mayor Malone
Nays: None
17. Council considered approving a contract for engineering
services for stormwater project utilities relocation.
Motion was made by Councilperson Shipp to award engineering
services for stormwater project utilities relocation in
connection with watershed Fl01 to Landev Engineers, Inc.,
at a cost not to exceed $i6,715. Second by Councilperson
Lloyd. The motion carried, 7 ayes and 0 nays.
Ayes: Councilpersons Lloyd, Matuszak, Porter, Shipp, Gay,
Clarke and Mayor Malone
Nays: None
18. Council considered taking action in response to Houston
Chemical Service, Inc.'s, letter of April 11, 1988.
The City Attorney read a letter he had prepared in answer
to the letter received from Roliff H. Purrington, Jr.,
partner in the firm of Mayor, Day & Caldwell and who
represents Houston Chemical Services, Inc., Southern
Ionics, Inc., and Kathy and J. Brian Axtle. The reply
letter respectfully declined to take the non-binding
referendum off of the May 7 ballot.
Motion was made bv Councilperson Porter to send the letter
as read by the Citv Attorney to Roliff Purrington. Second
by Councilperson Matuszak. The motion carried, 6 ayes and
1 nay.
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Minutes, Regular Meeting, La Porte City Council
April 25, 1988, Page 7
Ayes: Councilpersons Lloyd, Matuszak, Porter, Gay, Clarke
and Mayor Malone
Nays: Councilperson Shipp
19. Administrative Reports:
The City Manager called Council's attention to a letter
from the Texas Highway Department announcing a July letting
of the Broadway Street widening project.
Mr. Herrera asked that the auditing committee, comprised of
Councilpersons Waters, Lloyd, and Skelton, schedule a
meeting for May 5 at 2:00 P.M., to meet with the Finance
Director.
The City Manager announced a ribbon-cutting at the
wastewater treatment plant, scheduled for 5:00 P.M. on May
23. He asked that the Council meeting scheduled for that
night be moved to 6:30 in order to allow adequate time for
Council to return to City Hall. He will follow up with a
letter to Council regarding final details.
Mr. Herrera advised that the emergency repairs on "E"
Street have been completed, and that TVing will begin next
week in order to investigate other possible trouble spots.
20. Council Action: Councilpersons Lloyd, Matuszak, Gay and
Mayor Malone brought items to Council's attention.
21. There being no further business to come before the Council,
the meeting was duly adjourned at 7:35 P.M.
RespectfullY_tr~it~ed)
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Cherie Black, City Secretary
Passed & Approved this the
9th day of May, 1988
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LA PORTE
roc amation
ll!J hmas:
The V.L6abled AmeJUc.an VUeJl.a.I1..6, nOJuneJz. membeJz.6 On
.the Ahmed Foftc.e6 On the Und:ed S.ta.te6, hav-Lng a,[ded in maJ.n.ta,[n..-tng .the
honoft, -<..n.teg!{);(;.y, and .6upftemac.y On ouJ1. CouYLtJty, holcU.ng -Ln ftemembJta.nc.e
:the .6acJUnic.e6 -Ln c.ommon made and dJr.a.wn .toge:theJz. by .6tJr.ong bond6 0 n
fte6pec.:t. and mu.:tua1. .6UnneJUng, by ac.:t. On Congfte6.6 .L6 onniUo..Lty ftec.og-
n..-tzed M .the .6poke6man nOft .the wa.Jr..t{.me c:U6abled; and
WHEREAS, :the V.L6abled AmeJUc.an Ve:teJz.a.11..6 have M .thw pJU..nuple6
and puJ1.pO.6e6 .6upfteme illegianc.e .to .the Und:ed S.ta..te6 On AmeJUc.a,
nideLi;ty .to -U6 COI1..6:tUuUon and .fa.w.6, :to hold a..toM :the .toftc.h On tJr.ue
pa;ttUowm, :to .6:tJUve nOft a be;tteJl. undeJz.6.ta.ncU.ng be;tween na;t,[ol1..6 :tha.t
peac.e and good w.i..ll may pttevM1., :to c.heJU6h and pfte6eJl.ve :the memoJU..e6
On OuJ1. rn.i.LUaJr.Y M.6oc...i..o.tion and .to a,[d a.n.d M.6.L6:t wa.JLtime c:U6abled
VUeJl.al1..6, theJ.Jz. widow.6, .thw oftphal1..6 and :thw dependen.t.6; and
WHEREAS, :the ChaJr.:teJl. 0 n .the V.L6 abled AmeJUc.an V UeJl.an.6 WM amended
Ju1.y 15, 1942, by the pM.6age On PubUc. Law 668, wlUc.h made :the c:U6-
abled On ill AmeJUc.a'.6 waM e..U.gible nOft membeJz.6lUp.
NOW, THEREFORE, I, NORMAN MALONE, MAYOR on :the C.-i..ty On La PoJtte,
do heJz.eby pttoc..ta.hn the month On May, 1988, M
VISABLEV AMERICAN VETERANS MONTH
in La PoJtte, and uJ1.ge oWl. c1.Uzel1..6 :to .6UppoJtt .tJU..6 woJtthwhUe oftgan..-t-
za;t,[on wheneveJl. pO.6.6ible.
IN WITNESS WHEREOF, I have heJl.eunto .6e:t my hand and c.alL6ed .the Sea..t
On .the C.-i..ty On La PoJtte .to be anMxed heJz.uo, .t1U..6 :the 25.th day On ApJU1.,
1988.
NOJunan L. Malone, Ma.yoJt
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
April 25, 1988
Requested By: Tim 0' Connor thru Department: Parks & Recreation
Stan Sherwood
X Report Resolution Ordinance
Exhibits:
See attached memorandum
SUMMARY & RECOMMENDATION
Requesting that the Mayor and City Council recognize' the financial
and advisory support that Pasadena Bayshore. Medical Center donated
to the City of La Porte's 1988 Triathlon.
I. Plaque to be presented to Mr. Larry Huff, C.E.O. and P.B.M.C.
II. Plaque to be presented to Dr. Dale Clark, Director of Marketing
P.B.M.C. Liaison.
Action Required by Council:
N/A
Availability of Funds:
N/A
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
Funds Available:
YES
NO
Approved for City Council Agenda
G<~ T, ~
Robert T. Herrera
City Manager
~ \ 'U) \ \6~
DATE
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CITY OF LA PORTE _
INTER-OFFICE MEMORANDU~
APRIL 19, 1988
TO: Bob Herrera, City Manager
THRU: Stan Sherwood, Director Parks & Recreation
FROM: Tim O'Connor, Recreation Superintendent
SUBJECT: Recognition of Pasadena Bayshore Medical Center's Co-
Sponsorship of the 1988 La Porte Triathlon
In February of 1987, Pasadena Bayshore Medical Center agreed to be a
partial sponsor of our 1987 Triathlon. Dr. Dale Clark, Director of
Marketing, was so impressed with our event and its' potential that
he proposed an exclusive P.B.M.C. sponsorship in 1988 to Mr. Larry
Huff, C.E.O., and the Board of Directors. The proposal was approved
and the preparations for 1988 began.
Dr. Clark agreed that P.B.M.C. would provide the monies for the
following:
I. 300 participant shirts @ $6.80 ea. = $2,040.00
II. 75 volunteer shirts @. $8.00 ea. = $ 600.00
I I I. 250 insulated mugs @. $1. 50 ea. = $ 375.00
I V . Custom awards and statues = $ 569.00
V. Race numbers and race packages = $ 300.00
VI. Refreshments for participants = $ 150.00
TOTAL MONIES
=
~L-Q.a4.. 00
Besides the monies, Dr. Clark and his staff provided us with updated
artwork for the event, advertising suggestions, proposed a more
festive atmosphere, both pre and post race, designed overall
trophies and provided their sports medicine team on site.
Their assistance was paramount to our success and has insured the La
Porte Triathlon will fast become one of the favorite triathlons of
athletes throughout the state of Texas. We tripled our attendance
this year when compared to the first three years of this event. We
have decided to move the event to La Porte's Sylvan Beach in 1989 to
accommodate the anticipated four to five hundred entries.
Without the support of a community oriented organization like
Pasadena Bayshore Medical Center, such quality events would be
impossible for La Porte to facilitate. I propose that the Mayor
present to Mr. Larry Huff and P.B.M.C. a plaque as a token of our
appreciation, and a plaque to Dr. Dale Clark for his efforts in
making the 1988 Triathlon a success.
We do have a tentative agreement with P.B.M.C. to co-sponsor the
1989 Triathlon. If you require any further information, please
contac~me at your nearest convenience.
TOlms ~
ADD,RESS TO LA PORTE CITYjOUNCIL MONDAY APRIL 25, 19' by H; LONGNECKER
MR. MAYOR AND MEMBERS OF THE I,A PORTE CITY COUNCIL. I AM JIM LONGNECKER AND
RESIDE AT 233 SAN JACINTO STREET LA PORTE, TEXAS.
SEVEN MONTHS AGO IN SEPTEMBER OF 1997, THIS BODY APPOINTED ME TO THE GOLF COlTRSE
ADVISORY BOARD FOR A THREE YEAR TERM. I HAVE DONE MY BEST AND WILL CONTINUE TO
DO SO. WHAT I HAVE TO SAY TONIGHT WILL BE RELATIVELY BRIEF, TO THE POINT AND
WILL REQUIRE SOME ACTION ON YOUR PART FOR THE TAX PAYERS OF THE CITY OF LA PORTE.
FOR SEVEHl\[, MONTHS NOW, WE IIl\VE WOI~KED ON TIlE "RECOMMENDED RATE STRUCTURE" FO[~
THE LA PORTE MUNICIPAL GOLF COURSE.
A LOT OF WORK HAS GONE INTO THIS AND I SINCERELY HOPE YOU WILL TAKE IMMEDIATE
ACTION, WITH THE TWO CHANGES I INTEND TO OFFER.
IT WAS THROUGH MY MOTION THAT WE WERE FINALLY ABLE TO PASS THE "RECOMMENDED-RATE
STRUCTURE" AND HOPEFULLY GET IT BEFORE YOU, THE BODY THAT IS RESPONSIBLE TO THE
CITY OF LA PORTE TAX PAYERS.
I HAVE SEVERAL POINTS TO MAKE AND EACH OF YOU HAVE A COPY OF THAT INFORMATION
BEFORE YOU. WE WILT. NOW REl\D TOGETHER THE FOLLOWING:
POINT I. THERE ARE THOSE THAT WANT OUR MINICIPAL GOLF COURSE TO FUNCTION AS
A, GOLF rOTTNTRY CLTm. A BAYWOOD NUMBER 2. AND THEY HAVE ASK TO HAVE A ('HARTER
MEMBERSHIP.
THESE PEOPLE PAY $1800 PER YEAR TO USE THE BAYWOOD FACILITIES AND THEY INSULT
THE CITY TAX PAYERS OF LA PORTE BY SUGGESTING WE ALLOW THEM TO PLAY OUR MUNI-
CIPAL COURSE FOR A MERE $600.00 A YEAR.
I ASK EACH OF YOU TO VOTE NO A BIG NO TO THIS PROPOSAL AND TO VOTE NO TONIGHT.
FOR THE MOST PART, THE PEOPLE PUSHING THIS DO NOT EVEN RESIDE IN THE CITY OF
LA PORTE.
I ASK, SINCE THIS IS A MUNICIPAL COURSE THAT YOU REJECT ANY FORM OF CHARTER
MEMBERSHIP, GOLF ASSOICATION OR ANNUAL FEES.
I FEEL THE CITY OF LA PORTE TAX PAYERS EXPECT THAT OF YOU !
POINT II. IN THE PROPOSAL "RECOMMENDED RATE STRUCTURE" WHERE IT SAYS RESIDENT
DISCOUNT "$1.00 - ON ALL GREEN FEES EXCLUDING TWILITE"
I ASK THAT YOU CHANGE THAT TO READ AS FOLLOWS: LA PORTE CITY TAX PAYERS (AND
FAMILY MEMBERS LIVING IN THEIR HOME) WILL BE ALLOWED TO PLAY ON MONDAY AND ON
TTlESDAY FOR $-1.')0 GREEN FEE TITE SAME l\S SENIOR CITIZENS. (PROOF Of CITY TAX
PAYER STATUS WILL BE FURNISHED BY PLAYER, IF NOT APPARENT).
I FEEL VERY STRONGLY ABOTTT THTS AND FEEL I AM IN A VERY UNUSUAL POSITION. I
HAVE WORKED HARD FOR OVER THE LAST 42 YEARS, EVERY SINCE 1946 WHEN DISCHARGED
FROM THE UNITED STATES NAVY. AND THE LORD HAS BEEN GOOD TO ME. I CAN AFFORD TO
PLAY GOLF JUST ABOUT ANY WHERE I WANT, AND OFTEN DO SO,
WHATEVER THE EXCUSE OR REASON, EVERYONE CANNOT DO THAT.
LET ME GIVE YOU SOME REASONS WHY I FEEL YOU SHOULD CONSIDER THE CHANGES I OFFER:
I HAVE MATERIAL HERE THAT WILL BACK UP WHAT I SAY, FROM LA PORTE NEWSPAPER ADS
...
2.
AND OTHER MATERIAL DATED N~MBER AND/OR DECEMBER 198~
(SEE ATTACHED EXHIBITS 1 & 2)
THE PEOPLE OF LA PORET VOTED YES. I VOTED YES, AND I AM GLAD I DID AND GLAD
THEY DID.
I BELIEVE WE VOTED YES MAINLY BECAUSE WE WERE TOLD IT WOULD NOT COST THE TAX
PAYERS.
THE TAX PAYERS OF LA PORTE WILL BE PAYING FOR THIS MUNICIPAL GOLF COURSE FOR
MANY YEARS TO COME. SO BE IT!
I FOR ONE THINK IT WOULD BE A DAMN SHAME TO BE UNABLE TO AFFORD TO PLAY THIS
COURSE, THE VERY COURSE THEY ARE PAYING FOR IN TAXES.
I HAVE SOME NEIGHBORS THEY HAVE REACHED MIDDLE AGE, THE HUSBAND HAS SOME OLD
GOLF CLUBS, NOW THE WIFE HAS BOUGHT CLUBS AND THEY ARE PLAYING A LITTLE GOLF
TOGETHER.
LET US SUPPOSE THIS COUPLE DECIDED SOME DAY (NOT ON THE WEEKEND) TO TAKE THEIR
DAUGHTER WHO ATTENDS COLLEGE AND HER BOY FRIEND WHO LIVES IN LA PORTE TO PLAY
GOLF. MY NEIGHBOR WOULD HAVE TO PAY $32.00 GREEN FEE, PLUS $28.00 FOR TWO
CARTS, A TOTAL OF $60.00. THAT DOES NOT INCLUDE A BEER OR SOFT DRINK.
MY TAX PAYING NEIGHBORS WILL HAVE TO PLAY SAN JACINTO COLLEGE COW PASTURE AND
GLEN BROOK ON THE BAYOU, EVEN THO THEY ARE PAYING FOR ~HE LA PORTE GOLF COURSE,
BECAUSE THEY CANNOT AFFORD TO PLAY LA PORTE, IT IS TOO HIGH.
MOST OF THE JOBS IN AMERICA NOW, AND EVEN MORE SO IN THE FUTURE, WILL BE THOSE
THAT PAY THE MINIMUM WAGE.
MANY OF THE COMPANIES HAVE AND ARE CONTINUING TO RETIRE PEOPLE AT 50, 55, & 60.
IN CLOSING, THINK OF THIS: A YOUNG ADULT OUT OF SCHOOL WORKING PART TIME, EARN-
VERY LITTLE, LIVES WITH MOM & DAD, WHO MAY OR MAY NOT PLAY GOLF. BUT THEIR
CITY TAXES ARE PAYING FOR THE BAY FOREST MUNICIPAL GOLF COURSE. THIS YOUNG
ADULT COULD AFFORD MAYBE TO PLAY ON MONDAY OR TUESDAY AT $4.50.
POINT III. DON'T DRAG YOUR FEET ON THIS. DON'T MAKE A POLITICAL "GOLF BALL"
OUT OF THIS (A LITTLE GOLF ADVISORY BOARD HUMOR THERE).
GET BEHIND THIS AND ACT ON IT TONIGHT. PUTTING IT OFF WILL JUST ALLOW THE
PEOPLE OUT OF TOWN TO PRESSURE YOU.
B. DON SKELTON, YOU ARE THE COUNCILMAN IN MY DISTRICT, AND WE EXPECT YOU TO
SET THE EXAMPLE OF PRUDENT LEADERSHIP AND ACCEPT THE GOLF COURSE ADVISOR
BOARD "RECOMMENDED RATE STRUCTURE" WITH THE TWO EXCEPTIONS I HAVE. OUTLINED.
I ASK YOU TO MAKE THE MOTION AND GIVE US YOUR SUPPORT AS WE HAVE SUPPORTED
YOU THESE MANY YEARS.
LASTLY, AS A CITY OF LA PORTE TAX PAYER I THANK YOU FOR THE OPPORTUNITY YOU
HAVE GIVEN ME TO SERVE WITH THE RICH AND POWERFUL ON THE GOLF COURSE ADVISORY
BOARD.
IF YOU WILL TAKE A LOOK FOR THE MOST PART, EACH OF THEM SET. THEIR OWN RATES,
PRICES AND FEES.
ao..
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I DO REQUEST THAT IN THE FUTURE YOU TAKE A GOOD LOOK AT WHERE A PERSON LIVES
AND CONSIDER LA PORTE RESIDENTS TO FILL VACANCIES ON THE GOLF COURSE ADVISORY
BOARD.
THANK YOU FOR YOUR ATTENTION, AND A SPECIAL THANK YOU TO THOSE OF YOU THAT
HAVE NOT MADE UP YOUR MIND BEFORE HEARING THE FACTS.
THAT TOOK A LOT OF PATIENCE.
TO THE MEMBERS OF THE PRESS. I RESPECTIVELY REQUEST THAT SHOULD YOU DECIDE TO
PRINT ANY OF MY REMARKS HERE TONIGHT, YOU GET IT CORRECT AND PLEASE REFRAIN
FROM INSERTING THE WORD SIC WHICH I UNDERSTAND HAS SOMETHING TO DO WITH
SPELLING BEING INCORRECT AND TAKE INTO CONSIDERATION THAT I ATTENDED LA PORTE
HIGH SCHOOL IN THE 40'S AND THAT WAS BEFORE THE TEACHERS WERE TAUGHT HOW TO
SPELL.
THANK EACH AND EVERYONE OF YOU.
~
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EXHIBIT I
* N~ i A~ III!~R~A$tt
I
Bond money will draw int~est to support golf
course first year.
Golf course revenues will pay for operation
and upkeep thereafter. .
* THE ONL V CITY RECREATION fACILITY
THAT CAN PAY FOR ITSELF
40 noo rounds a year pays substantial
,/e.O"!ln' profit. ~
i " ---' . SEE CHART ~
* NEW JOBS AND NEW BUSINESSES
The golf course operation and maintenance
will create 25-30 new jobs - all paid for by
the golf course revenues.
NEW BUSINESSES Clothing & Golf Equip.
Food Services
Golf Cart Sales & Service
/
* A COMPLETE RECREATIONAL
AND SPORTS COMPLEX - f,OR
CITIZENS OF All AGES.
With the golf course,' La Porte citizens will
have the only city park in Harris County with:
Softball Fields * Nature Trails
Gymnasium * Canoeing
Golf Course * Picnic Grounds
Soccer Fields * Swimming Pool
Bird Sanctuary * Jogging Paths
A MUCH BETTER PLACE TO LIVE
.Entire families will use the park for all of
the above and pay only for golf.
The park pnd golf course serve as
greenbelt areas. It will be the most scenic
surrounding in this area or any other and will
promote pride in livin'g in this city.
PAID BY LITTLE CEDAR GOLF COURSE COMMITTEE. CHARLES
GUNNELLS, CHAIRMAN; JACK HUMPHREY. TREASURER;
DICK HAYS, ASSISTANT TREASURER,
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Y01f~)!~ES SA 'UllOA Y
GOLF ROUNDS PLA YEn IN
1984 AT AREA COURSES
Hou. Memorial 92.500 Hou. Glcnbrook 50,000
Hou. Sharpstown 83/000 Hou. Bear Creek (3 courses)
Hou. Hermon Pork 79,000 Masters 48,000
Hou. Gus Wortham 64,000 Prc~idents 51 ,000
Hou. BrockPark 50/000 Executive 45.000
Texas City 50/000 Chambers County 50,000
YOUR fRIENDS AND
I~~IGHBORS
SUPPORTiNG TillS BOND
ElECl~ON:
LA PORTE/ SA YSHOtiU
GARDEN CLUB
LA PORTE
OPTIMIST ClUB
("Friond of Youth")
LA PORlE COMMUNITV
CIVIC CLUB
LA PORTE LADiES
C~VIC CLUB
LA PORT~
ROTARY CLUB
LA PORlE/ OA YSHORE
CHAMB~R Of COMMERCE
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SA"~:~11DA y~ DECo i 4
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oThe bonds which are beln~l'v(itcd"for'on'Saturday,
Dee, 14, will. qe repaid\JJ;l..tull.from golf course
revenues at no cost to La Porte taxpayers,
-II will provide needed .:lsslstance with flood control
through man made mini.lakes and streams,
-I 1 provicl~:; a location lor civic events Including
tournaments. but also picnics. public meetings ~ild
aWnrd::; banquels.
'This facilily ",;ill provide a strong financial base for
the already pliJnned Litlle Cedar Bayou ParI< com.
~Iex,
.A municipal golf course such ilS f!ow proposed for
La POI' Ie w j II tor ever be a source of civic pride and a
focal point for our future growth,
'Gult. the coulltry's 111051 populur outdoor sport,
hcnciifs people 01 all ages and all incomes,
~~~~?:'~f.~~~~ll~~~~
('I Using. the tiational Golf Foundation's
slatistics - ,~9,687 rounds of golf were
played by Houston, Texas City and
Chambers County children in 1984!
_~_~~_l~~~.!.1.~ ._!-il___!,_~!:.~~~_._~~li ng~ ~~!"-'- s be
a! I~~~~-.!-'~~.~~~ opportul~ities?
!{~~':;;g.f.l~.iti:ifl&:&l~~~;C ii'"m~Mmt~..mr:,
POlUNG P~ACES
Lomax Elementary (Dist. 1)
Baker School Cafetorium (Dist. 2)
Leo Rizi:uto Elementary (Dist. 3)
DeWelt Center (DisL 4)
La Port,e High School (Dist. 5)
La Porte City Hall (Dist. 6)
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LA PORTE GOlF COURSE
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'* NEt~J JOal$ -,., N[tVt1 aUjSn~!ESS
",*' A COMfl~YIE ~~(R~A i~ONA~ &
SPOft]'S (OMPl~X FOR AU!.
C~1f~Z[t~$ .(l)~ AOJL AG~S
* A fJaUC~'d B~'~~1fEr( P~AC~
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REQUEST tIr CITY COUNCIL AGENDA ITE~
Requested By:
Robert T. Herrera
Department:
Administration - nOO
r
Agenda Date Requested:
April :J..t. 1988
Report
Resolution xx
Ordinance
Exhibits:
Ordinance No. 1583
Letter from San Jacinto College Central
SUMMARY & RECOMMENDATION
One of Council's stated goals is to enhance and publicize the City's
airport operations. Specific objectives identified by Council include;
1. Develop a working relationship with airport fixed base
operators;
2. Complete airport capital improvements;. and
3. Review airport policies on 3-year basis.
It is recommended that Council consider establishing au"Airport Advisory
Board to establish a communication liaison with the City's management
staff on matters relating to the operation of the La Porte Municipal
Airport. Attached is a letter from the Chairman of Aeronautical
Technology at San Jacinto College Central supporting the creation
of an Airport Advisory Board.
,
Action Required by Council:
Approve Ordinance No. 1583 establishing an Airport Advisory Board
for the City of La Porte Municipal Airport.
Availability of Funds:
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
Funds Available:
YES
NO
ouncil A e a
ig/ps
DAT I
e
e
San Jacinto College Central
8060 Spencer Highway, Pasadena, TX 77505-5999 (713)476-1501
March 21, 1988
Mr. Steve Gillett
POBox 1115
La Porte, TX 77571
Dear Steve,
As you are aware, f1ip:ht activity at La Porte Airport has almost doubled
over the last two months due to the Eastern Air Line Pilot Entry Program. I
project the flight activity will double ap:ain by this September.
Recently I have been in contact with representatives of the local General
Aviation District Office expressing my concerns over flight safety. Specifically,
I was discussing the need for an FAA control tower. I think, however, for this
to happen I will need more support. Therefore, I would like to see the city of
La Porte form an advisory committee or an airport planning committee. Some of
their functions could be finding ways to improve and expand airport usage.
establishing local flight policies and communicating our needs to the FAA.
Whatever is decided, I urge you to act as quickly as possible. The last
thing anyone wants is to draw negative attention to our program through an
accident.
Please feel free to contact me at the college at 476-1501, ext 502 or
home at 471-8671 if I can be of service to you.
Sincerely,
~<P2-
Larry Tucker, Chairman
Aeronautical Technolo~
.. An Equal Opportunity Employer"
e
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MEMORANDUM
April 20, 1988
TO:
Mayor and City Council
FROM:
Cherie Black, City Secretary
SUBJECT:
Appointment to Airport Advisory Board
Please note on Ordinance 1583, which establishes an Airport
Advisory Board and appoints members to the Board, that Position
3 has not been filled in on the Ordinance.
The proposed member for that Position, Charlie Doug Boyle,
declined, feeling that he could better serve the needs of the
citizens of La Porte by remaining a member of the Planning and
Zoning Commission.
Mr. Boyle suggested to Councilperson Skelton that Mr. Mahlon
McCormick, 9904 Dover Hill, would be an excellent member of
the Airport Advisory Board. Mr. Skelton would like to
recommend that Mr. McCormick be appointed to serve in Position
3 of the Board.
~~
Cherie Black
City Secretary
e
e
ORDINANCE NO. l583
AN ORDINANCE ESTABLISHING AN AIRPORT ADVISORY BOARD FOR THE CITY OF
LA PORTE MUNICIPAL AIRPORT; ESTABLISHING THE POWERS AND DUTIES OF
THE BOARD; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section l. The City Council of the City of La Porte hereby
establishes an Airport Advisory Board for the City of La Porte
Municipal Airport. The Airport Advisory Board shall consist of
seven (7) persons, in the following seven (7) categories, each of
whom shall serve for the initial terms designated, and thereafter
for three (3) year terms, or until his successor shall have been
appointed and duly qualified, to-wit:
Position l: shall be a Fixed Base Operator lessee at the City
of La Porte Municipal Airport.
position 2: shall be a member of the Aeronautical Department
at San Jacinto College.
position 3: shall be a licensed pilot active at the City of La
Porte Municipal Airport.
position 4: shall be a licensed pilot who is a resident of La
Porte and active at the City of La Porte Municipal
Airport.
position 5: shall be a resident of the City of La Porte.
Position 6: shall be a resident of the City of La Porte.
position 7: shall be the City of La Porte Airport Manager.
The members of the Board shall elect from among their number, a
chairman and a secretary.
The following persons are named to the City of La Porte Airport
Advisory Board, and shall serve for the initial terms indicated or
until their successors shall have been duly appointed and qualified:
Guy Sutherland
, term expiring May 3l, 1991.
, term expiring May 3l, 1989.
, term expiring May 3l, 1989.
, term expiring May 3l, 1990.
, term expiring May 3l, 1990.
, term expiring May 3l, 1991.
Position l:
position 2 :
position 3 :
position 4 :
position 5 :
position 6:
position 7 :
Cliff Hyde
Larry Tucker
Mike Miller
John Ladd
City of La Porte Airport Manager, permanent
membe r .
e
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ORDINANCE NO. 1583
, Page 2
In addition, the following designated representatives shall be
appointed advisory members of the City of La Porte Airport Advisory
Board:
l) A representative of the F.A.A.
2) A representative of the airline or commuter airline
industry.
Section 2. It is the intent and purpose of City Council that
the Airport Advisory Board advise City Council from time to time, on
matters relating to the most desirable and efficient operation of
the City of La Porte Municipal Airport. To this end, it is'the
desire of City Council that the members of the Board establish
communication liason with the City of La Porte Management Staff, on
matters relating to the operation of the City of La Porte Municipal
Airport. Further, it is the desire of City Council that the Airport
Advisory Board review, from time to time, the City of La Porte
Airport Master Plan, and recommend to City Council any updating or
revisions to such Airport Master Plan. It is the desire of City
Council that the Airport Advisory Board make recommendations to City
Council on such matters as rules and regulations and traffic pattern
for operations at the City of La Porte Municipal Airport, and for
any needed improvements to the facilities at the Airport, including
such matters as navigational aids; ordinances; zoning requests;
height restrictions; community development; and the like, as well as
any other improvements which the Board feels would enhance the
utility of the City of La Porte Municipal Airport to its users, and
to the community at large.
Section 3. The City Council officially finds, determines,
recites and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-l7, Texas Revised
e e
ORDINANCE NO. 1583 , Page 3
Civil Statutes Annotatedi and that this meeting has been open to the
public as required by law at all times during which this ordinance
and the subject matter thereof has been discussed, considered and
formally acted upon. The City Council further ratifies, approves
and confirms such written notice and the contents and posting
thereof.
Section 4. This Ordinance shall be in full force and effect
from and after its passage and approval.
1-.?th day of Ap...... l' l,
PASSED AND APPROVED, this the ~tt ~ 1988.
CITY OF LA PORTE
BY
Norman L. Malone, Mayor
ATTEST:
Cherie Black, City Secretary
At;D~L
Knox W. Askins, City Attorney
e
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REOUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
April 21), 1 g88
Requested By: Robert Herrera
Department: Citv Manager
Report
Resolution
x
Ordinance
Exhibits: Ordinance 915-Q-2
Letter from Air Products with exhibits
SUMMARY & RECOMMENDATION
Ordinance 915-Q-l, adopted by the Council in February 1987,
granted Air Products permission to transfer their permit to Cain
Chemical. However, Cain Chemical did not close on the pipeline
and Air Products has entered into an agreement with Texaco
Chemical Company for Texaco to purchase the pipeline and put it in
propylene service.
The attached ordinance, 915-Q-2, grants permission to Air Products
to transfer their pipeline permit to Texaco Chemical.
Action Required by Council: Adopt Ordinance 915-Q-2
Availability of Funds:
General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other (Motor Pool Replacement Fund)
Account Number:
Funds Available: __ YES
NO
Approved for City Council Agenda
G<~ T, ~
Robert T. Herrera
City Manager
~ ~ (..;\ \ lb'6
DATE
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ORDINANCE NO. 9lS-Q-2
AN ORDINANCE GRANTING A PERMIT UNDER SECTION l8-a-3 OF ORDINANCE NO.
915, "PIPELINE TRANSPORTATION," BEING CHAPTER l8-A OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE, TEXAS, AND APPROVING THE
APPLICATION OF AIR PRODUCTS AND CHEMICALS, INC., TO OPERATE A TEN-
INCH (lO") PROPYLENE PIPELINE~ AND PROVIDING AN EFFECTIVE DATE
HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section l. The City Council of the City of La Porte has
received an application dated January 27, 1987, from AIR PRODUCTS
AND CHEMICALS, INC., requesting a permit under Section l8-A-3 of
Ordinance 9lS, being Chapter l8-A of the Code of Ordinances of the
City of La Porte, to operate a ten-inch (lO") nominal diameter
propylene pipeline crossing the City of La Porte, all as shown on
said application. The application of AIR PRODUCTS AND CHEMICALS,
INC., has been reviewed by the City's Director of Public Works, who
has found that said application meets all requirements of said
Ordinance No. 9lS, and has recommended its approval.
Section 2. The City Council of the City of La Porte hereby
approves the applicaton of AIR PRODUCTS AND CHEMICALS, INC., dated
March 28, 1988, and this Ordinance shall constitute a permit to AIR
PRODUCTS AND CHEMICALS, INC. to operate said pipe line within the
City of La Porte, all in conformance with the requirements of said
Ordinance No. 9lS. The City of La Porte approves the assignment of
this permit to Texaco Chemical Company.
Section 3. The City Council officially finds, determines,
recites and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-l7, Texas Revised
Civil Statutes Annotated~ and that this meeting has been open to the
public as required by law at all times during which this ordinance
and the subject matter thereof has been discussed, considered and
formally acted upon. The City Council further ratifies, approves
and confirms such written notice and the contents and posting
thereof.
e
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ORDINANCE NO. 9l5-Q-2, Page 2
Section 4. This Ordinance shall be in full force and effect
from and after its passage and approval.
PASSED AND APPROVED, this the 25th day of April, 1988.
CITY OF LA PORTE
BY:
Norman Malone, Mayor
ATTEST:
City Secretary
{;S;~~
City Attorney
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Air Products and Chemicals, Inc.
12600 Northborough Dnve
SUite 214
Houston. TX 77067
Telephone (713) 873-2311
AIR I.
PRODUCTS t-..
28 March 1988
REC~~/VED
APR, ,( 4 1988
City of LaPorte
Post Office Box 1115
LaPorte, Texas 77571
Attention: Ms. Cherie Black
Ci ty Secretary
713/471-5020
Subject: Proposed Sale of Air Products' 10" Pipeline Covered by LaPorte City Ordinance
No. 915-Q to Texaco Chemical Company for Propylene Service.
Dear Cherie,
Approximately 12 months ago, I contacted LaPorte regarding the following:
(1) to request LaPorte's consent to transfer the service of the subject pipeline from
carbon dioxide service to ethylene service.
(2) to notify LaPorte that the subject Ordinance would be assigned to Cain Chemical
Company (formerly Corpus Christi Petrochemical Company) who was proposing to
purchase the pipeline and put it in ethylene service.
The request in (1) above was granted by LaPorte via Ordinance No. 915-Q-l attached as
Exhibit A. To make a long story short, Cain never closed on the pipeline and Air
Products has since entered into an Agreement with Texaco Chemical Company who is
proposing to purchase the pipeline and put it in propylene service. The purpose of
this letter, therefore, is the following:
(J)
to request laPorte's consent to transfer the service of the subject pipeline from
ethylene service to propylene service.
to notify LaPorte that the subject Ordinance will be assigned to Texaco Chemical
Company who, by signing below, agrees to comply with all the terms and conditions
(including the $200.00 annual fee) of the subject Ordinance. _
If LaPorte concurs with the above request, please have the appropriate party sign both
copies of this letter below and return one copy to my attention at the above addresss.
(2 )
Please note that all of the safety issues we previously addressed for ethylene use are
substantially the same for propylene use. In addition, please note that the pipeline
was successfully pressure tested to 1100 psig on 15 October 1987 in accordance with
Department of Transportation test requirements. The documentation and certification
for this test are attached as Exhibit B. (Texaco's proposed operating pressure is 600
ps i g ) .
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City of LaPorte
28 Ma rch 1988
Page -2-
Insofar as both Air Products and Texaco are anxious to close on our deal but cannot do
so until LaPorte responds to this letter, a prompt response would be most appreciated.
If necessary, representatives of both Air Products and Texaco would be happy to meet
with you and/or appear before City Council to answer any questions or concerns you may
have.
Thank you for your time and attention to this matter. I will call you shortly to
discuss.
SMin.///
Robert J.Y~g
Corporate Real Estate
RJW4/dgs
Agreed to and accepted as of the date written below:
TEXACO CHEMICAL COMPANY
By: ~~~
John . Schell
Title: Business Manager
Date: 3/31 / i r
CITY OF LAPORTE
By:
Tit 1 e:
Date:
cc: Lowell Barnes (Monsanto)
Claude Harshbar~er (Texas Pipe Line Company)
Travis Johnson (Texaco)
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eX (11 bi'f A) (j 1 G~ Ll
THE STATE OF TEXAS )
COUNTY OF HARRIS )
CITY OF LA PORTE )
I hereby certify that the attached and foregoing is a
true and correct copy of Ordinance 915-Q-1, passed and
approved by the City Council of the City of La Porte at a
Regular Meeting of Council held on the 23rd day of February,
1987, at which meeting a majority of the Council present
voted in favor of the Ordinance. I further certify that said
meeting was properlY posted according to law, prior to the
date of the meeting.
To certify which, witness my hand and Seal of Office,
this the 24th day of February, 1987.
(lJ~~
City Secretary
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tJLl'l~ bd- A DCI ] (J~ y
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Air Products and Chemicals. Inc.
12600 Northborough Dnve
SUite 210
Houston, TX 77067
Telephone (713) 873-0161
AIR I.
PRODUCTS t.:;
27 January 1987
Ms. Cherie Black
City Secretary
City of LaPorte
P. O. Box 1115
LaPorte, Texas 77571
Subject: Air Product's 10" Pipeline Covered by LaPorte City Ordinance
No. 915Q
Dear Ms. Black,
Pursuant to our telephone conversation on 16 January, Air Products
and Chemicals, Inc. (and its wholly owned subsidiary, Catad, Inc.) have
made provisions to lease and sell the subject pipeline (map attached) to
an ethylene distribution company. The lease is scheduled for 1 April
1987, while consummation of the pipeline's sale is scheduled for 1
October 1987. The lessee and eventual new ow~er of the pipeline will be
either Corpus Christi Petrochemical Company ("CCPC") or a related
pipeline group comprised of Champlin Pipeline, Inc., Imperial Pipeline
Inc. and Soltex Pipeline, Inc. (liThe Group"). (CCPC and The Group are
affiliated companies and which name eventually appears on the lease and
bill of sale is a function of a re-organization issue that cannot be
resolved until a later date.)
I
The purpose of this letter ii,twofo1d as follows:
(1) To request the City's written consent to put the pipeline into
ethylene service beginning 1 April 1987 (the pipeline has been
in gaseous carbon dioxide service the last six years).
(2) To notify the City that Ordinance No. 915Q (copy attached)
will be assigned to one of the two potential assignees who, by
signing below, agrees to comply with all the terms and
conditions (including fees) of Ordinance No. 915Q.
If the City of LaPorte concurs with the request in (1) above,
please have the appropriate party sign both copies of this letter below
and return one copy to my attention at the above address. If necessary,
representatives of Air Products, CCPC and The Group would be happy to
appear before City Council and answer any questions or concerns you may
have. I understand that Council meets the 2nd and 4th Monday of every
month at 6:00 P.M.
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......-: --
Elt11'kd A) f'C) L( Gi Y
Ms. Cherie Black
19 January 1987
Page -2-
Your time and cooperation in this matter is most appreciated. I
look forward to hearing from you soon. Please call me if you have any
questions.
:tZ' .
~ber~~
Corporate Real Estate
Agreed to and accepted as of the date written below:
CORPUS
CHRIS~:::::'CAL
David C. Burgess
COMPANY
By:
Title: General Manager
Date:~~"). 2.}
CHAMPLIN"tIPELINE, INC. '
IMPERIAL PIPELINE INC.
:::TEX PI~~~_
C. E. J~ ett
(1~1_
Title: Agent and Attorney-In-Fact
Date: A--n7 &;. I? ~ 7
c;:/
CITY OF LAPORTE
By' ~7,qJ{W-
Title: ~
Date: ~, ;)..3-, I 'i t1
,
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October 20, 1987
Monsanto ChemIcal Company
P.O. Box 711
Alvin, Texas 77512
Attn: Mr. Butch MIddlebrook
Subject: HydrostatIc Testlnq of 10" C02 Pipeline Fro.
Texas City to LaPorte
Galveston and Harris Counties, Texas
(by U.S. Leak Detection, Inc.)
Test Date: October 15, 1987
Dear Mr. Middlebrook:
This letter certifies that the hydrostatic testinq performed on
the subject C02 pipeline by U.S. Leak Detection, Inc. met the
requirements of Title 49, eFR (Dept. of TranSpoltation)~ Part
192, .Transportation of Natural and Other Gas by Pipeline:
Minimum Federal Safety Standards., Subpart J, WTest
ReQuirementsw. The pipeline vas tested for elqht (8) hours, at
a minimum pressure of 1100 psiq, successfully coapleting the
mechanical strenqth test requirements of the above code.
The calculations performed on this test section to correct for
temperature and pressure-related volume chanqes In the pipeline
are attached for your Information only. Without true qround
(pipe) temperatures, these calculations are not to be considered
fully accurate. However, for the assumed constant ground
temperature of 78 deq. r., It does appear that the section Is
free of leaks.
Very truly yours,
~~.~
William H. Olson, P.E.
attachments
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Calculations (Water Only)
~MM-Jr
REPORT NO. I
DATt 1()/~/6'
EWO NO.
CLIENT
AFE NO.
M ON'5AAJ1b CH~h1ICAL
PROJECT NA.ME
CONTRACTOR (S)
u. s. UN< ~~r~.I /'YC.
psi;
~ ~ Cry 1; LA&'" I ~
NOMINAL WALL THICKNESS O. /&3
SECTION LENGTH 155 ~ "7~
-
PRESSURE TO YElLe ,'Z%~
inch
fHl ~,.s
psis
TEST SECTION DESCRIPTION. /0.
PI~ DIAMETER A:::1. ~
PIPE GRADE t3
STD. MILL TEST PREss.
COw Ptl'al,J~
inch
HYDROSTATIC TEST PREss.. psig MIN. ALLOWABLE PREss.. psi;
MINI~U'" TEST PRESSURE DURING TEST PERIOD /1a::J psi;
UNIT VOLUME AT 6O-F +.3t:tG1<P g.1/ft TOTAL VOLUME (Vo) G.6~. e".4 g.1.
NET VOLUME ADDED TO (+) OR BLED FROM (-I TEST SECTION (Vm) 0.00 ;a!.
DATE OF TEST
TIME OF TEST
TEST PRESSURE
TEMPERATURE C~ CMn")
Fwp
Fpp
F pw'l
-'Vip (VOLUME AT TEST TEMP & PREss. )
(11
INITIAL
/O~5 IS?
/: 10 PM
1104 psi;
"'18 eF
/.(x)342'<t~
1.005'7(' ~
O. "~2~'2oo
~~ 7~2.S 011.
(2)
FINAL
/0/15187
.. :'0 I'hI
I. 00 psii
711 ~
/, ("e, ~ 7 /2.(,
/.~Stf.~'O
D. qq 8 '1.C1 '200
~. 717.e gal.
6 VtP-
VtP(1)- V tP(21.vm
/4-. '72
pl
UNACCOUNTABLE DEVIATION.
~6 v tp )
x1~.
V tP (U
0.002
~
(SEE NOTES)
FLUID LOSS RATE
All,.,.
PRESSURE lOSS RATE
"/A
GlIENT
~~M.~
TEST ENGINEER
TEST ACCEPTED
NOTES:
.Vtp. Vo (Fwp) (Fpp) (FwPt J
A POSITIVE DEVIATION REPRESENTS FLUID GAIN AND IS DUE TO MEASUREMENT
ERROR
A NEGATIVE DEVIATION REPRESENTS FLUID lOSS AND IS ACCEPTABLE FOR
VALUES BETWEEN 0.00% and ....().OS%
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HY~ROST1-.TIC TESl RE.PORT
~, tI.2-
"PELI"E !)MIll
PIPELINE COMPANY MONSANTO 10" CO 2 LINE
U. S. LEAK DETECTION, INC.
PIPELINE CONTRACTOR
JOB NO:
w.O. NO
AFE NO:
TEST SECTION NO. TEXAS CITY TEXAS TO LA PORTE, TEXAS
10/15/87 TIME 1:10 PRESSURE
TEST BEGAN: DATE m UNIT NO. STATION NO.
TEST END: DATE 10/15/87 TIME9:10 m ELEVATION
PIPE OAT A: lO" CO 2 188 Wall 29.5 miles app
Grade B
DEAO.....'EIGHT SERIAL NU~BER 1 S 9 e S
PRESS~RE RECORDER SERIAL NUMBER 6257
TE~?'EF.A TURE RECORDED SERIAL NUMBER 6268
TE51' IS K]ACCEPTED OREJECTEC II REJECTED EJt~I'"
DATE CERTIFIED 30 June 1987
DATE CERTIFIEC 30 June 1987
CATE CERTIFIED 30 June 1987
DEADWEIGHT RECORD
Pr-.su,.
TEMPERATURE
R~rb
1lme
Ambl.nt
72-
rJ. -
73-
74.
76 -
78'
7S-
An-
80.
80-
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80-
75 ·
7).
75"
77.
SO"
84.
86"
87"
87'
86-
87"
85 ·
8 = 00 Z'.1
9!OO
9!15
9:.&5
10!OO
10: 15
10!30
10:.&5
11 .00
11-15
11 :~
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12.00
12!11i
]2-~
12.,&-;
1.M
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4:00
4' )0
5=00
300
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768
806
845
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922
962
1003
1044
1082
1104
1104
1104
1104
1104
liot
l104
1104
110J
TEST FOREMAN
Pipe or GIOUnd
(';ill ;h~t-Pn ~rmT' wi ~h "M
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p.~ 2 e>' z-
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PIPELINE COMPANY M:NSAmO 10- CD 2 LINE
PIPELINE CONTRACTOR U. S. I..EN< LJ:.'Jl:L'nCN, INC.
JOB NO:
W,O.NO
AFE NO:
TEST SECTION NO.
~ CI'IY, 'ID@.S
TEST BEGAN: DATE JOflC;/87
TEST END: DATE 10/lS/87
TIME.
TIME9:10 IE
TO I.A FORIE, 'IEXAS
PRESSURE
UNIT NO, ST A TION NO.
ELEVATION
PIPE DATA: 10- ('n , T.TNF.
DEADW'EIGHT SERIAL NU~8ER 1 AAR8
PRESSURE RECORDER SERIAL NU~8ER 6257
TE!.APUVoTURE RECORDED SERIAL NUMBER 6268
TEST 15 ~ ACCEPTED DREJECTED IF RE~CTtO txP\.AIlo;
DATE CERTIFIED 30 J1I'lE! 1987
DATE CERTI>IED-30 Jtne 1987
DATE CERTIFIED 30 June 1987
DEADWEIGHT RECORD
TEMPERATURE
Arnb*'1
84'
81-
78'
75-
75 '
74 .
74 -
74'
74 .
~ Pipe or Ground
R~rb
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5:30 po 1103
6:00 1102
6:30 1100
7:00 1100
7:30 1101
8:00 po 1100
8:30 1100
9:00 1100
9:10 1100
Off 'lest
TEST FOREMAN
INSPECTOR
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TEST SECTION NO.
J.. I .o.! ,c iJOB NO:
W.O. NO
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111 (1,,11 ~ 0 T€ '11-/1 $
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TEST END: DATE I~"I.:-~<t? TIME l:f//tJ
PIPE DATA: / If' " C' ~e. ,;1 tdA Jj
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STATION NO.
ELEVATION
do fj S P7,"/ f5 Ail'
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PIPELINE COMPANY
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W.O. NO
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TEST SECTION NO.
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PRESSURE
UNIT NO.
TEST BEGAN: DATE!!)"'') -f? TIME
TEST ENO: DATE /0-/7'-9'7 TIME
PIPE OAT A:. / IP " C"~t L I 'I/~
ST A TlON NO.
ELEVATION
OCAD'Nt:tGHT SERIAL NUMBER leg- 979'
PRESSURE RECORDER SERIAL NUMBER (; ~ 5.:.2
TEIolPERATURE RECORDED SERiAL NUMBER ~? ~ l'
TEST IS i3'ACCEPTED DREJECTED If ~.lECn.o U~-'~
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DATE CERTIFIED
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DEADWEIGHT RECORD
TEMPERATURE
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JOHNNY'S GAUGE & METER REPAIRS
.. JOHNNY ON THE SPOT"
713 .695-1038 71' OUNWOOOY
HOUSTON, TEXAS n076
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REOUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
April 2'5, 1 g88
Requested By: Robert Herrera
Department: City Manager
Report
x
Resolution
Ordinance
Exhibits: Letter from City Attorney
Resolution 88-7
Copy of earnest money contract
SUMMARY & RECOMMENDATION
Stan Sherwood has indicated that in order to serve the needs of
the Multi-Purpose Center patrons, a larger space is needed.
With the relocation of the post office, the former post office
building, located on Block 41, Lots 15-26, is available.
Mr. Sherwood feels this building would adequately serve the needs
of the Multi-Purpose Center, and it is our desire to negotiate
with the owners, Mr. and Mrs. James Stewart of Hempstead, Texas,
for purchase of the property.
The City probably could not close this purchase until after the
beginning of its next fiscal year, October 1, 1988.
Council is asked to authorize the City Attorney to acquire this
property by negotiation with the owners.
Action Required by Council: Approve Resolution 88-7
Availability of Funds:
General Fund WaterlWastewater
Capital Improvement General Revenue Sharing
Other (Motor Pool Replacement Fund)
Account Number:
Funds Available: __ YES __ NO
Approved for City Council Agenda
G<~ "TI ~
Robert T. Herrera
City Manager
4 \ '--\ \ '0'6
DATE
e
.
KNOX W. ASKINS, .J. D., P. C.
ATTORNEY AT LAW
March 2l, 1988
702 W. F'AIRMONT PARKWAY
P. O. BOX 121B
L~ PORTE, TEXAS 77S7<~j;
~~~(~
f
TELEPHONE
713 471-1886
JOHN D, ARMSTRONG. J,D,
ASSOCIATE
Mr. Robert T. Herrera
City Manager
City of La Porte
City Hall
La Porte, TX 7757l
Dear Bob:
Recently, Stan Sherwood asked me to obtain an option for the City of
La Porte to purchase the present post office site on South 4th
Street, from its owners, Mr. & Ms. James Stewart of Hempstead,
Texas, at such time as the post office moves to its new quarters on
Fairmont Parkway. He indicated that the City probably could not
close this purchase until after the beginning of its next fiscal
year, October 1,\ 1988.
It appears that ~r. & Ms. Stewart have granted a purchase option on
this property, and also the Cowboy Store property on Main Steet, to
the Confrontation Church of God in Christ in La Porte. That option
must be exercised or not, by the Church, coincident with the
termination of the present post office lease, which goes through
June, 1988. Mr. & Ms. Stewart have granted the Church an option to
buy the post office property on cash and terms, at a total price of
$90,000.00. They are willing to sell the property to the City of La
Porte, where is, as is, as to the condition of the improvements, for
$90,000.00 cash.
If the City of La Porte wishes to purchase this property, I feel
that it is important that the purchase be approved by City Council
in executive session, and the acquisition resolution be passed and
recorded in the Harris County Clerk's office. I have prepared a
proposed resolution, and enclose it with this letter. I would
suggest that the following two items be placed on the agenda for the
Monday, March 28, 1988 meeting:
Regular Meeting: consider resolution authorizing acquisition
of Lots l5 through 26, both inclusive, Block 4l, Town of La
Porte, Harris County, Texas, for use as a Senior Citizens
Center (present U.S. Post Office site).
Executive Session: legal -- land acquistion -- authorize City
Attorney to acquire real property for relocation of Senior
Citizens Center.
f
-
-
Mr. Robert T. Herrera
La Porte, TX 77571
March 2l, 1988
Page 2
These actions by City Council would not bind the City Council'to
purchase the property, but would prevent the sale of the property to
the Church or any other party, pending acquisition by the City of La
Porte.
Yours very truly,
/
f2:4
~nox W. Askins
City Attorney
City of La Porte
KWA: sw
Enclosure
, ,
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CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
APRIL 7, 1988
TO: Bob Herrera, City Manager
FROM: Stan Sherwood, Director Parks & Recreation
SUBJECT: Post Office Building (4th & A Streets)
Several months ago the City was notified that the post office
was moving to a new location and the old building would be for
sale. At that time you appointed me committee chairman with a
committe made up of Joel Albrecht, Champ Dunham, and Charles
Smith to look into the possible City useages of this building.
The committee has met three (3) times and the following is our
findings and recommendations.
I. History of Building
It is located at 4th and A Streets in La Porte. Attached
is a topographic map showing building and land included,
along with pictures of building and property. The
building is approximately 7,100 sq.ft. Construction is
steel framed with brick veneer exterior. It appears that
all interior walls are non-load bearing walls. At
present, we do not have an interior layout of the
building. A large portion of the land around the
building is paved with concrete and approximately 65
parking places. There is a 50 ft. x 125 ft. section of
land to the west of the building that is unimproved.
The committee recommends that the City enter into a
purchase option with the owner of the building for three
(3) to five (5) months so the committee can have time to
study in detail the best use of the building, cost
associated with remodeling and purchase price. At
present the building is listed on Harris County tax rolls
at $104,040.00. The owner is asking $90,000.00, which
could possibly be negotiated.
II. Primary Reason for Purchasing the Building
A. Move the senior citizen program to this location,
giving them more room
B. Would eliminate the problem of stairs and elevator
for the senior citizens
C. This location would have less traffic
D. Program would be more centrally located to downtown
E. In walking distance of downtown
F. Space at P.D., occupied by senior citizen program,
could be turned into offices for P.D. as well as a
court room and officers for the Judge and his staff
G. Would allow P.D. to move prisoners to court with much
more ease
- \, .
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H. Would free up three (3) offices at City Hall that
court now occupies, as well as the council chambers
The above reasons are in the preliminary design stage and have
cost associated with them that should be looked into
thoroughly. Over the next several months staff will look into
various useages of the building, as well as cost associated
with remodeling both the present senior citizen center into
court facilities and the cost of remodeling the old post office
building, and impact on parking at the police building as well
as the amount of parking at the post office.
The owner of the property has agreed to allow the City til
October 15, 1988 an option to purchase. The City must put
$500.00 down but if the City elects not to exercise the option,
the $500.00 will be returned to the City. This purchase option
allows the City several months to study all advantages and
disadvantages at no cost to the City, as well time to budget
for the purchase if the report is positive and Council concurs.
SS/ms
Attachments
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TITLE COMPANY OF HOUSTON
EARNEST MONEY CONTRAcr-COMMERCIAL IMPROVED PROPERTY
THIS CONTRACf FORM HAS BEEN PREPARED FOR USE BY MEMBERS OF THE HOUS1ON BOARD OF REALTORS, BY ITS LEGAL
COUNSEL, AN ATIORNEY AT LAW LICENSED IN TEXAS, AND APPROVED FOR USE IN A TRANSACfION INVOLVING THE SALE
OF COMMERCIAL IMPROVED PROPERTY. SUCH APPROVAL RELATES TO THIS CONTRACf FORM ONLY. THIS FORM HAS NaI' '
BEEN DRAFTED FOR A SPECIFIC TRANSACTION AND NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR
ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. TERMS AND PROVISIONS THAT ARE NOT APPLICABLE
SHOULD BE STRICKEN BY THE PARTIES. THE PARTIES ARE ADVISED TO CONSULT THEIR ATTORNEYS BEFORE SIGNING.
1. PARTIES. .TAMES E. ~TEWARl' and wife, F.T .~IE C!X)~S'I'EWARr (Seller)'
agrees to sell and convey to CITY OF IA PORI'E, a mun:icip;')l coqx::>ration .
(Buyer) and Buyer agrees to buy from Seller the following property for the consideration and upon and subject to the terms, provisions, and
conditions hereinafter set forth.
2. PROPERTY: A tract of land situated in T,;:) POITF I Hrtrri ~ County, Texas, together'
with all buildings, improvements, fixtures, and all property of every kind and character and description owned by Seller located on, attached
to, or used in connection with the Property; and all privileges, and appurtenances pertaining thereto including any right, tide and interest of .
Seller in and to adjacent streers, alleys. or rights-of-way, Seller's interest in and to all leases or rents, and security deposits, Seller's interest in
and to all licenses and permits with respecr to the Property, Seller's interest in all service, maintenance, management or other contracts relating
to the ownership or operation of the Property, Seller's interest in all warranties or guaranties relating to the Property or to any tangible personal
property and fixtures located on, attached to, or used in connection with the Property, and Seller's interest in any trade names used in connection
with the Property; all of the above hereinafter collectively called "Property", described as follows and/or as set out on Exhibit "An attached hereto'
and incorporated herein:
IDts l5 through 26, both inclusive, all in Block 4l,
'l'C:WN OF LA PORrE, Harris County, Texas, together with
all :i:rrprovements thereon situated.
.
,
The metes and bounds description derermined by the survey of the Property hereinafter provided for will replace Exhibit "An attached hereto
in the event it should differ from the attached exhibit. Any property to be excluded from this sale should be set forth under Special Provisions below.
3. CONTRACT SALES PRICE:
A. Cash payable at closing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 90.000.00
B. Sum of all notes described in Paragraph 4 below . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ -D-
C. Sales Price (Sum of A and B). . . . .. . .. .. .. . . .. . . . . . .. .. . . . .. .. . .. .. . .. .. . .. .. . .. .. .. .. .. .. . .. .. $ 90,000.00
4. FINANCING:
o A. SUBJECf TO: Buyer takes subject to, and does not assume payment of, the unpaid balance of that promissory ,note tn
dated ' and
does nor assume those obligations imposed by the Deed of Trust. securing payment of said note, recorded in the county where the Property
is situated. Buyer shall pay the installment payment due after the date of closing. The principal balance at closing
will be $ . allowing for an agreed $ variance. The cash payable at closing shall be adjusted
for the amount of such variance. Should this nor be acceptable to the note holder, or if the variance exceeds the amount above, or
should the terms of the note or deed of trust or interest rate be modified, or should Buyer be required to pay a transfer fee in
excess of $ . this Contract may be terminated at Buyer's option and the Earnest Money shall be refunded to Buyer.
DB. ASSUMPTION: Buyer shall assume the unpaid balance of that promissory note payable to
dated , and those obligations imposed by the Deed of Trust recorded in Volume
, Page of the Deed of Trust Records in the county where the Property is situated. Buyer shall pay the installment
payment due after the date of closing. The assumed principal balance at closing will be $ , allowing fQr an agreed
$ variance. The cash payable at closing shall be adjusted for the amount of such variance. Buyer .hall apply for
assumption approval withil'l days from the effective date hereof and shall make every reasonable effort to obmin the same. If the
variance exceeds the above amount, or the existing interest rate is increased above %, or any other terms are mocliAed, or
Buyer is required to pay an assumption fee in excess of $ , or assumption approval cannot be obtained within
days from the effective date hereof, this Contract may be terminated at Buyer's option and the Earnest Money shall be refunded to Buyer.
DC. THIRD PARTY FINANCING: This Contract is subject to approval of a loan for Buyer by a third party in the amount of
$ payable in installments for not less than years with the Interest rate not to exceed %
per annum, and with each principal and.interest installment not to exceed $ , 0 Including interest 0 plus interest.
Buyer shall apply for the loan within days from the effective date hereof and shall make every reasonable effort to obtain
approval. If the loan has not been approved within days from the effective date hereof, this Contract shall terminate and
the Earnest Money shall be refunded to Buyer.
o D. SELLER FINANCING: Buyer shall execute a promissory nore to Seller in the principal sum of$ ,bearing %
interest per annum, and payable: (Check I, 2, 3 and/or 4 below)
o (I) In full on the day of , 19 . wirh accrued interest being due and payable
installments of $ , 0 includinK interest 0 plus intereSt
, 19 , and continuing regularly thereafter until
, 19 , when the entire amount of principal and Interat then remaining
o (2) In 0 monthly 0 annual 0 other:
each, hCl:innin~ nn the Jay nl
the day of
',"paid. shall he then due and payable.
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o (3) Interest only in 0 monthly 0 annual 0 other,
beginning on the day of
day of
, 19
installments of $ each.
, 19 , and continuing regularly thereafter until the
, 19 , and thereafter in 0 monthly 0 annual 0 other:
, 0 including interest. 0 plus interest, beginning on the
. 19 . and continuing regularly thereafter until thl!! day of
. when the entire amount of principal and interest then remaining unpaid shall be
installments of $
day of
due and payable.
o (4) The Note shall provide for no personal or corporate liability in the event of a default. it being understood that the holder of the
Note may look only to the security provided by the Deed of Trust and retained vendor's lien to enforce the payment of the indebtedness.
o (5) The Deed of Trust securing payment of the Note shall provide that if all or any part of the Property or an interest therein is sold
or tnnsferred by Buyer without the prior written consent of the holder of the Note, the holder of the Note may, ar its option,
declare all the sums secured by the Deed of Trust to be immediately due and payable.
Any Seller financed note may be prepaid in whole or in part at any time without penalty. Any prepayments are to be applied towaId the payment
of the installments of principal last maturing, but interest shall immediately cease upon amount of principal prepaid. The lien securing payment
of luch note will be inferior to any lien securing any loan assumed, taken subject to or given In connectlon with third narty flJ\anclng. Each
note herein provided shall be secured by Vendor's and Deed of Trust liens and assignment of leasel. A Vendor's lien and Deed of Trust to secure
any lUIumption, or Buyer's performance if taken subject to, shall be required, which lien shall be automatically released on execution and delivery
of a release by note holder. In case of dispute as to the form of the Deed, Note(s), or Deed of Trost(s), forms prepared by the State Bar of Texas
shall be used. Each note herein provided shall contain provision for acceleration of maturity in the event of default and for the payment of
reasonable attorney's fees if the note is placed in the hands of an attorney for collection.
S. EARNEST MONEY: As a condition precedent to the validity of this Contract, $ 500.00
as Earnest Money with Canronweal th Land Ti tie Carpany
bearing account, upon execution of the Contract by both parties.
is herewith tendered and is to be deposited
as Escrow Agent, and placed in an interest
6. CLOSING: The closing of the sale (the "Closing Date") shall take place at the Title Company on or before October l5 19 88
unless such date is changed in writing by Seller and Buyer, or otherwise extended as herein provided.
A. At the closing, Seller shall deliver to Buyer, at Seller's sole cost and expense, the following:
(I) A duly executed and acknowledged General Warranty Deed conveying good and indefeasible tide in fee simple to all of the Property,
free and clear of any and all liens, encumbrances, conditions, easements, assessments, reservations and restrictions, except as permitted
herein and/or approved by Buyer in writing;
(2) An Owner's Policy of Title Insurance (the "Title Policy") issued by Camonweal th land Title Canpany
(the Title Company) in the full amount of the Sales Price. dated as of closing, insuring Buyer's fee simple tide to
the Property to be good and indefeasible subject only to those title exceptions permitted herein, or as may be approved by Buyer
in writing. and the standard printed exceptions contained in the usual form of the Title Policy, provided, however:
(a) the exception as to area and boundaries l:Rshall not be deleted 0 shall be deleted except for "any shortagC-' in area" and if
deleted, such deletion shall be an expense of ;
(b) the exception as to restrictive covenants shall be endorsed "None of Record", unless any existing restrictive covenants are
approved by Buyer;
(c) the exception as to taxes shall be limited to taxes for the current year and subsequent years, and subsequent assessments
for prior years due to changes in land usage or ownership:
(3) A Bill of Sale containing warranties to title. conveying title. free and clear of all liens. to any personal property specified herein
and an assignment of leases, prepaid rents, security deposits. and trade name, and to the e.-c:tent assignable, licenses and permits,
maintenance, management or other contracts, warranties or guaranties, duly executed by Seller;
(4) A current rent roll duly certified by Seller:
(5) If requested by Buyer. to the extent assignable. an assignment of anyone or more of the insunnce policies held by Seller pertaining
to the Property. duly executed bv Seller;
(6) Furnish evidence of its capacity and authority for the closing of this transaction;
(7) Execute all other necessary documents to close this transaction.
B. At the closing, Buyer shall perform the following:
(1) Pay the cash portion of the Sales Price:
(2) Execute the note(s) and deed(s) of trust provided for herein:
(3) Furnish evidence of its capacity and authority for the closing of this tnnsaction;
(4) Furnish to Seller and/or Third Party Lender. at Buyer's expense, a mortgagee's policy issued by Title Company for the benefit of
the holder(s) of the deed(s) of trust provided for herein;
(5) Execute all other necessary documents to close this transaction.
(6) Execute an assumption agreement for payment of any broke~ge leasing commissions that become due and payable after the date
of closing.
7. FEASIBIUTI STUDY AND INSPECTION: Buyer m is 0 is not gnnted the right to conduct an engineering, and/or market and economic
feasibility study ("Feasibility Study") of the Property, and a physical inspection ("Inspection") of all Improvements, flxrura, mechanical equip'
ment, and personal property being sold hereby. In the event Buyer is granted such right Buyer shall hav- 1 RO days from the effecrl~
date hemi to perform such study and inspection and in this regard, Buyer or his designated agents may enter upon the Property for PWp06es
of such anal'/lll. or other tests and inspections which may be de~med necessary by Buyer. If Buyer determines, In hla IOle judiment. that the
Property la nor suitable for any reason for Buyers intended use or purpose, or is not in satisfactory condition, then Buyer may, on written notice
to Seller, on or before 1 RO days from the effective date hereof, terminate thll agreement, and it shall be null and wid for all purposes
and the Earnest Money shall be retlJrned to Buyer. If the written notice- is not given to Seller within such period, this condidon and any and
all objectiON with respect to the Feasibility Study and Inspection shall be deemed to have been waived by Buyer for all purpoea. In the event
thla Contract shall not close, through no fault of Seller, Buyer shall restore the Property .to Its original condition, If changed due to the tests
and inspections performed by Buyer, and shall provide Seller with a copy of the results of any tC-'ts and Inspections made by Buyer, excluding
any marlcet and economic feasibility studies. The study/inspection shall be at buyer's expense.
8, BROKER'S FEE: Charles D. Boyle, Rnylp RP~lt-y Listing
Brolcer ( 6 %) and
Co-Brolcer (6 %) (collectively the "Broker"), as Broker, has negotiated this sale and Seller agrees to pay Broker In Harria Cowlty, Texas,
on coNummatlon of this sale or on Seller's default (unless otherwise provided herein) a total cash fee o(
of the total Sales Price, which Escrow Agent shall pay from the sales proceeds. Each of the partiC-' represents to the other that it has not Incurred
any liability for brokenge fees or commissions in connection with this tnnsaction other than the liability of Seller as set forth above. Each
party indemnifies and agrees to hold the other pa. , harmless from any and all claims and/or expense resulting to the other party by reason
of II breach of the representation made by such party herein.
9. POSSESSION: The possession of the Property shall be delivered to Buyer at funding in its present condition, oroinary wear and tear excepted.
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10, SPECIAL PROVISIONS:
a) Buyer, City of La Porte, shall have the right to cancel this contract,
without cause, anyti.rre prior October l, 1988, and receive the refund
of its earnest nnney deposit.
b) Buyer buys the property, where is, as is, and Seller makes no warranty
as to the condition of the improveIreIlts on the property.
(Insert factual statements and business details applicable to this sale.)
11. SALES EXPENSES TO BE PAID IN CASH AT OR PRIOR TO CLOSING:
A. SELLER'S EXPENSES: All costs of releasing existing loans and recording the releases; Owner's Title Policy; survey; tax statements; 1/2 of
any escrow fee; preparation of Deed; other expenses stipulMed to be paid by Seller under other provisions of this Contract.
B. BUYER'S EXPENSES: All expenses incident to any loan (e.g., loan procurement fees, preparation of Note, Deed of Trust, and other loan
documents, recording fees, Mortgagee's Title Policy, prepayable interest, credit reports); 1/2 of any escrow fee; copies of restrictions, easements,
reservations, or conditions affecting the Property; and expenses stipulated to be paid by Buyer under other provisions of this Contract.
12. PRORATIONS: Insurance (at buyers option), interest on any debt assumed or taken subject to, assessments, current taxes, and any rents, and
maintenance fees shall be prorated at the date of c1osinf:. No proration shall be made for delinquent rents existing as of Closing Date, which
rents Seller shall be responsible for collecting. At the closing, Seller shall pay to Buyer in cash the amount of any prepaid rents paid to Seller
by tenants OP the Property for periods subsequent to the Closing Date. If ad valorem taxes for the year in which the sale is closed are not available
on the Closing Date, proration of taxes shall be made on the basis of taxes assessed in the previous year, with a subsequent cash adjustment of
such proration to be made between Seller and Buyer, if necessary, when actual tax figures are available. If Buyer is assuming payment of or taking
subject to any existing loan on the Property, all reserve deposits for the payment of taxes, insurance premiums, or other charges shall be transferred
to Buyer by Seller and Buyer shall pay (0 Seller the amount of such reserve deposits. Any special assessments applicable to the Property ror improvements
previously made to benefit the Property shall be paid by Seller. Seller shall pay (0 Buyer at closing in cash the amount of any deposits paid to
Seller by tenants of the Property, including but not limited to, all rental security, cleaning, utility, key, damage, and other deposits. All other
income and ordinary operating expenses of the Property, including but not limited (0, public utility charges, maintenance, management, and other
notmal operating charges shall be prorated as of the date of closing.
: '\. TInE APPROVAL: Seller shall deliver (0 Buyer within twenty (20) days from the date of this Contract a Commitment for Title Insurance (the
"Commitment") and, at Buyer's request, legible copies of all recorded instruments affecting the Property and recited as exceptions in the Commit-
ment. If Buyer has an objection (0 items disclosed in such Commitment or survey provided for herein, Buyer shall have fourteen (14) days after
receipt of each sllch instrument (0 make written objections to Seller. If Buyer or thinl parry lender makes such objections or if the objections
arc disclosed in Commitment, surveyor by the issuer of the Title Policy, Seller shall have thirty (30) days from the date such objections are disclosed
to cure the same, and the Closing Date shall be extended. if necessary. Seller agrees (0 utilize its best efforts and reasonable diligence to cure
such (\bjection, if any. If the objections are not satisfied within such time period, Buyer may (i) tetminate this Contract and the Earnest Money
shall be refunded to Buyer, and neither party shall have any further rights or obligations pursuant to this Contract, or (ii) waive the unsatisfied
objections and close the transaction,
14. DEFAULT: Unless otherwise provided f'lr herein, if Buyer fails to comply herewith, Seller may either (i) enforce specific perfotmance and s~ek
such other relief as may be provided by law, or (ii) terminate this Contract and receive the Earnest Money as liquidated damages, one-half of
which (but not exceeding the herein recited Broker's fee) shall be paid by Seller to Broker in full payment of Broker's services. The Broker's fee
is payable only if and when Seller enforces specific performances, collects damages for such default by suit, compromise, settlement, or receives
the Earnest Money as liquidated damages. Unless otherwise provided for herein, if Seller fails to comply herewith, Buyer may either (i) enforce
specific performance hereof and seek such other relief as may be provided by law, or (ii) tetminate this Contract and receive the Earnest Money.
Notwithstanding the above, accrued interest, if any, on the Earnest Money shall be paid to Buyer.
1 S. ATIORNEY'S FEES: Any signatory to this Contract who is the prevailing party in any lef:al proceeding against any other signatory brought under
or with relation to the Contract or transaction shall be additionally entitled to recover court costs and reasonable attorney's fees frotn the
non-prevailing parry.
16. ESCROW: The Earnest Money is deposited with Escrow Agent with the understanding that Escrow Agent (i) is not a party to this Contract
and does not assume or have any liability for perfotmance or non-performance of any party and (ii) has the right to require from all signatories
a written release of liability of the Escrow Agent, termination of the Contract and authorization to disbul'5e the Earnest Money. At closing, Earnest
Money and accrued interest shall be applied to any cash down payment required, next to Buyer's closing costs and any excess T("funded to Buyer.
Any refund or payment of the Earnest Money under this Contract shall be reduced by the amount of any actual expenses lI.cuned on Ix h.,lf
of the party receiving the Earnest Money, and the Escrow Agent will pay the same to the creditors entitled thereto.
17. REPRESENTATIONS AND WARRANTIES OF SELLER: Seller hereby represents and warrants to Buyer as follows, which representations :I\1J
warranties shall be deemed made by Seller to Buyer also as of closing date and such representations and warranties shall survive the c1osifll':
A. There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or tresspassers except tenants under the
written leases delivered to Buyer pursuant to the Contract;
B. There is no pending or threatened condemnation or similar proceeding or assessment affecting the Property, or any part thereof, nor to the
best knowledge and belief of Seller is any such proceeding or assessment contemplated by any governmental authority;
C. Seller is the fee simple owner of the title to the Properry and is duly authorized and empowered to sell said Property;
D. Seller has paid, through the current year, all taxes. charges, debts, and other assessments due by the Seller with respect to the Propen\';
E. The Property is not in a flood plain or water district, except as follows:
F. All loan(s) assumed or taken subject to are not presently in default and will not be in default at the time of closing;
G. There will be no unrcconled liens or Uniform Commercial Code liens against any of the Property which will not be satisfied out of the Sale. "rice;
H. Seller know' of no eXI~ring cond,rion with respect to the Property or its operation which violates any government code or n:gulation;
1. Seller h.t, nil knowblge th.ll rhe Property b subject (0 any surface or sub-surface gmunJ faults;
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P,tI',. ~ lIt f)
J. The Pltlperty is not bein~ used and Seller has no knowledge that it ha.~ ever been used for the stom!;e tlr disposal of any hazan:!ous or toxic materials;
K. To the best of Seller's knowledRe, no fact or condition exists which would result in the termination of the current access fmm the Property
to any presently existinR highways and/or roads adjoininR or situated on the Property, or to any existing sewer or other utility facilriies servicing,
adjoining, or situated on the Pmperty;
,
L. Seller shall not further encumber, or allow the encumbrance of, the title to the Property, or modify the terms or conditions of any existing
encumbrances, if any, without the wrinen consent of Buyer;
M. Seller has no knowled~e of any pending or contemplated change in any stature, on:!inance, rule or other governmental regulation arrlicable
to the Property, or any action pending or threatened by any governmental body, adjacent landowners or other persons, or of any condition
upon or affecting the Prorerty, any of which would result in any material change in the condition of the Property, or in any way limit the
use of the Property;
N, Seller has not received, and has no other knowledRe of any notice from any insumnce company requesting the rerformance of any work
regaroing the Property or relating to an increase in the insurance premiums applicable to the Property;
O. Sellethas all necessary licenses and permits required by any and all statutes, ordinances, rules or other governmental regulations for the
use and operation of the Property;
p. All obligations of Seller arisinR from the ownership and ore ration of the Property and business operated thereon, including, but not limited
to salaries, taxes, leasing commissions, and the like, have been paid as they became due or will be paid at or prior to closing. Except for
obligations for which provisions are herein made for proration or other adjustment at closing and the indebtedness taken subject to or assumed,
there will be no obligations of Seller with respect to the Property outstanding as of the Closing Date;
Q. Each Lease furnished to Buyer pursuant to this Contmct is in full force and effect, and has not been amended or modified in any way that
has not been disclosed to Buyer in writing. Such Leases constitute all of the written and oral agreements of any kind for the leasing, rental,
or occupancy of any portion of the Property. l() the best of Seller's knowledge Seller has perfonned and complied with all its obligations
under the Leases as and when thereby required, and there exists no fact or circumstance that could constitute a default of the landloro or
lessor under any of the Leases, or entitle any tenant thereunder to offsets or defenses against the pmmpt, current payment of rent thereunder.
Each tenant under the Leases aC1:ually occupies the premises leased rhereunder. Except as expressly disclosed to Buyer in writing on the rent
rolls furnished to Buyer pursuant to this Contract, no rental under any lease has been collected in advance of the current month, and except
as so disclosed to Buyer in writing on such rent rolls, there are no concessions, bonuses, free months rental, rebates, or other matters affecting
the rental for any tenant thereunder. Seller is the owner of the entire lessor's intere~t in and to each of the Leases and none of the Leases
or the rentals or other sums payable thereunder has been assigned or otherwise encumbered, excert as security for loan(s) assumed or taken
sublect to as provided herein. To the best of Seller's knowledge, no tenant under any of the L:ases is in default thereunder;
R. There are no attachments, executions, assignments for the benefits of creditors, or voluntary or involuntary proceedings in bankruptcy or
under any other debtor relief laws contemplated by or pending or threatened against Seller or the Property;
S. Seller knows of no repairs that need to be made to the Property and has no knowledge of any latent structural defects or any other defects
of the Property, except for the following: b1Jyp.r r1rrppf-~ f-np prr"lpPrty, ;:l~ ; '3, wher~ j s -
THIS COVENANT IS Nor INTENDED TO BE A WARRANTY AND NO EXPRESS OR IMPLIED WARRANTY IS GIVEN BY SELLER
WITH RESPECf TO THE PROPERTY.
If any representation or warranty above is known by Buyer, prior to closlllg, to be untrue and is not remedied by Seller prior to closing, Buyer
may (i) terminate this Contract and the Earnest Money shall be reiunded to Buyer, and neither party shall have any further rights or obliga-
tions pursuant to this Contract, or (ii) waive its objections and close the transaction.
18. AGREEMENTS OF SELLER:
A.
Seller agrees to deliver to Buyer within five (5) days of the effective date of this Cantmct copies of the following:
(i) A current rent roll acceptable in form to Buyer and certified by Seller to he true and correct as of the date of delivery;
(ii) All Leases pertaining to the Property, including any and all modifications, supplements, or amendments thereto;
(iii) A current inventory of all tangible personal property and fixtures owned by Seller and located on, attached to, or used in connection
with the Property, certified by Seller to be true and correct as of the date of delivery;
Note(s), Deed(s) of Trust and other loan documents pertaining to loan(s) assumed or taken subject to;
All service, maintenance, management, or other contracts relating to the ownership and operation of the Pmperty;
All warranties and guaranties relating to the Property, or any part thereof, or to the tangible personal property and fixtures owned
by Seller and located on, attached to, or used in connection with the Property, if available;
(vii) All fire, hazaro, liability, and other insurance policies held by Seller on the Property;
(viii) All of the most recent real estate and personal property tax statements with respect to the Property;
(ix) All leasing or other commission agreements with respect to the Property, which commissions are being assumed by Buyer pursuant
to paragraph hereof;
(x) The "as-built" plans and specifications with respect to the Property, if available;
(xi) Information on utility and repair expenses incurred by Seller for operation of the Property for each month for the preceeding two (2) years;
(xii) A true and correct statement of income and expenses for the Property from to
(iv)
(v)
(vi)
Buyer shall have days from the date of delivery of the above required information to review such information. If Buyer objects
to any matters contained therein. Buyer may within the above time period (i) terminate this Contract and the Earnest Money shall be refunded
to Buyer, and neith::r party shall have any further rights or obligations pursuant to this Contract, or (ii) waive such objections and close
the transaction.
Seller agrees to deliver to Buyer at least seven (7) days prior to the Closing Date an estoppel certificate dated and execured not earlier
than ten (10) days prior to the Closing Date by each of the tenants under the leases stating that as of the Closing Date (I) no default exists
under the terms of the lease agreement by either landlon:! or tenant; (2) the amount of any rental payments made in advance, if any; (3)
the amount of any security deposits made, if any; (4) that the tenant has no defenses or offsets 'against the payment of rent accruing under
the terms of the lease agreemenr; and (5) a warmnty by Seller that said Leases are in full force and effect and thar there are no defaults
thereunder. If any tenants assert defenses or offsets against the payment of rent which are unacceptable to Buyer, Buyer shall immediately
notify Seller in writing. Seller shall promptly undertake to eliminate such unacceptable defenses or offsets. In the event Seller is unahle
to do so by Closing Date, Buyer may (i) terminate this Contract and the Earnest Money shall be refunded to Buyer, and neither party shall
have any further rights or obligations pursuant h. this Contract, or (ii) waive such ohjections and close the transaction.
B. From the effective date of this Contract until the Closing Date or earlier termination of this Contract, Seller shall:
(i) Operate the Pn1perty diligently and in the on:!inary course of its business and will use irs hest efforts to re:lSl.nahly preserve f(lr Buyer
the relationships of Seller and its suppliers, tenants, and others having relations with it;
(ii) Keep, maintain, and repair the Property in a good and presentable condition and comply with all regulations affecting the Property;
(iii) Keep, observe, and perform its obligations as landloro under the Leases, and as long as tenants are not in default under the Leases,
cause the termination of any L:ase without the prior written consent of Buyer;
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3,tH
(viii)
(ix)
Nm enter inlll any wflnen or urdl service contrdCt or other agreement with resr"CI to the Property that will not he t'ully performed
by Seller on or before the C1o~ing Date, or that will nor be cancellable by Bllyer wllhout liability on or after the Closing Date, without
the prior written consent of Buyer;
Not enter into, or alter, amend, or otherwise modify, or supplement any lease without the prior written consent of Buyer;
Nor grant any bonus, free month's rental, rebate or other concession to any present or future tenant of the Property;
,
Advise Buyer promptly uf any litigation, arbitration, administrative hearing, or legislation before any governmental body or agency
of which Seller becomes aware, concerning or affecting the Property which is instituted or threatened after the date hereof;
Keep, observe, and perform all its obligations under the loan(s) assumed or taken suhject [0;
Nor take, or omit to take any action that would have the effect of violating any of the representations, warranties, covenants, and
agreements of Seller contained in this Contract.
(IV)
(V)
(vi)
(vii)
19. USE OF PROPERTY: Seller 0 has 0 has nor claimed the benefit of laws permitting a special use valuation for the purposes of payment of ad
valorem taxes on the Property, and if so, Seller represents that he was legally entitled [0 claim such benefits. If Seller claimed such benefit and
after the purchase is closed, Buyer changes the use of the Property and the same results in the assessment of additional taxes, such additional
taxes will be the obligation of the Buyer. The representation herein shall survive closing.
20. PROPERTY SURVEY: Within 180 days from effective date hereof, Seller, at Seller's sole cost and eJlpense, shall cause to be delivered
to Buyer a curtent plat or survey of the Property, prepared by a surveyor acceptable to the parties and the Title Company closing this transaction.
The survey shall certify to the Buyer and Title Company that: (i) the survey was made and staked on the ground; (ii) the plat shows the location
of all improvements, highways, streets, roads, railroads, rivers, creeks, or othet waterways, fences, easements, and rights-of-way on or adjacent to
the Property, if any; (iii) there are no visible discrepancies, conflicts, or encroachments except as shown on the survey plat; (iv) the Property does
not lie in the 100 year flood plain as established by the U. S. Army Con> of Engineers or any other governmental body; (v) the survey plat is
a true, cortect, and accurate representation of the Property; and (vi) the survey sets forth the number of total acres/square feet comprising the
Property, [Ogether with a metes and bounds description thereof. All easements and rights-of-way shall be referenced to the recording information
applicable [0 the documents creating such easements or rights-of-way which have been recorded with the County Clerk of the County in which
the Property is located. The survey shall locate and mark all comers and angles of the Property's perimeter on the ground with permanent, buried iron
surveyor's stakes.
21. CONDEMNATION: If prior [0 Closing Date condemnation proceedings are commenced against any portion of the Property, Buyer may, at its
option, terminate this agreement by written notice to Seller within days after Buyer is advised of the commencement of condemnation
proceedings and the earnest money shall be refunded [0 Buyer, or Buyer shall have the right to appear and defend in such condemnation pro-
ceedings, and any award in condemnation shall, at the Buyers election, become the property of Seller and reduce the purchase price by the same
amount or shall become the property of Buyer and the purchase price shall not be reduced.
22. CASUALTY LOSS: Risk of loss by damage or destruction to the Property prior to the closing shall be borne by Seller. In the event any such
damage or destruction is not fully repaired prior to closing, Buyer, at its option, may either (i) terminate this Agreement, in which event the
Earnest Money shall be refunded [0 Buyer, and neither party shall have any further rights or obligatiOns pursuant to this Contract, or (ii) elect
[0 close the transaction, in which event Seller's right [0 all insurance proceeds resulting from such damage or destrucrion shall be assigned in
writing by Seller [0 Buyer
23. MISCEUANEOUS:
A. Any nmice required or permitted to be delivered hereunder shall be deemed received when personally delivered or sent by United Srate
mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth
below the signature of such party hereto.
B. This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the partiC5 created
hereunder are performable in Harris County, Texas.
C. This Contract shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, eJlecutors, administrators, legal
representatives, successors, and assigns.
D. In case anyone or more the provisions contained in this Contract shall for any reason be held to be invalid, illegal, and unenforceable in
any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be cOllStt\lcd
as if such invalid, illegal, or unenforceable provision had never been contained herein.
E. This Connact constitutC5 the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements
between the parties respecting the within subject matter and cannot be changed except by their written consent.
F. Time is of the essence of this Contract.
G. Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall
be held to include the plural, and vice versa, unless the context requires otherwise.
H. In accordance with the requirements of the Texas Real Estate License Act, Buyer is hereby advised by Broker: (I) that it should be furnished
with or obtain a policy of title insurance or have the abstract covering the Property examined by any attorney of its own selection, and (2)
that unless otherwise agreed to in writing by the parties hereto, Broker and Co-Broker are being paid by Seller and are representing Seller
in this transaction.
24. ASSIGNMENT:
o A. Buyer may not assign this contract.
DB. Buyer may assign this Contract and all rights hereunder and shall be relieved of any future liability under this Contract provided the
assignee shall assume in writing all the obligations of Buyer hereunder.
25. TERMINATION OF OFFER: Unless accepted by Seller, as evidenced by Seller's sign'ature hereto and delivered to Buyer by 5:00 P.M., the
15th day of JTri' , 19 88 , this offer to purchase shall be null and void and all parties hereto shall stand
relieved and released of any and all liability or obligations hereunder and all Earnest Money shall be returned to Buyer.
26. CONSULT YOUR ATTORNEY: This is intended to be a legally binding comract. READ IT CAREFULLY. NO REPRESENTATION OR
RECOMMENDATlON IS MADE BY BROKER OR ITS AGENTS OR EMPLDYEES AS TO THE LEGAL SumCIENCY, LEGAL EFFECT,
OR TAX CONSEQUENCES OF THIS DOCUMENT OR THE TRANSACTION RELATING THERETO. THESE ARE QUESTIONS
FOR YOUR ATTORNEY. CONSULT YOUR ATTORNEY BEFORE SIGNING. The Broker cannot give you legal advice - only factual
and business details concerning land and improvements.
r.'!.:l' 'i . ,I I)
}IH4
EXEClJfED in multiple originals effective the 1 4 t-11 day of
ALL APPLICABLE BOXES SHALL BE CHECKED BY THE PARTIES,
Mrlr~h
.19 RR
. (Fill in date last party signs.)
Co-Broker
License No.
/Ihr'fi/T t j~:
Selle JAMES E. STEWARl'
~14~~'., ~~
Seller ElSIE COOKf STEWARl'
Rt. 1 Box 470E
Hffill?stead. TX 77445
Seller's Address
-'
BOYLE REALTY COMPANY
Listing Broker
License No.
By
aIARLES D. BOYLE
(409)826-8712
463-2l29
4f11-?116
Phone No.
By
CITY OF LA PORI'E
Buyer
Receipt of $ SOO _ 00
Money is acknowledged in the form
Earnest
Bv:Q~ \l ~
Buyer ROBERl' T. HERRERA, City Manager
of
check
~TH LAND TITLE CO.
Escrow Agent
Buyer's Address
47l-5020
Phone No.
By
GI...ADYS RaI'H
3/84
"\'\ 0
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REOUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: April 215, 1<188
Requested By: Robert Herrera Department: City Manager
Report X Resolution Ordinance
Exhibits: Resolution 88-8
SUMMARY & RECOMMENDATION
The City of La Porte has received its permit for a sanitary
landfill. The attached resolution authorizes the City Attorney to
acquire property for a landfill site, through negotiation with the
owners, or by proceedings in eminent domain.
Council is asked to approve Resolution 88-8.
Action Required by Council: Approve Resolution 88-8
Availability of Funds:
General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other (Motor Pool Replacement Fund)
Account Number:
Funds Available: __ YES __ NO
Approved for City Council Agenda
G?~ tt ~
Robert T. Herrera
City Manager
4. t ~\ \ gco
DATE
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RESOLUTION NO. 88-~
A RESOLUTION FINDING THE PUBLIC NECESSITY FOR THE ACQUISITION
OF CERTAIN PROPERTY FOR SANITARY LANDFILL PURPOSES~ AUTHORIZING THE
CITY ATTORNEY OF THE CITY OF LA PORTE TO ACQUIRE SAID PROPERTY BY
NEGOTIATION WITH THE OWNERS THEREOF, OR BY PROCEEDINGS IN EMINENT
DOMAIN.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
WHEREAS, the City Council of the City of La Porte has found and
determined that public necessity requires the location, construc-
tion, operation and maintenance of sanitary landfill and resource
recovery facilities on the hereinafter described real property, in
the City of La Porte, Harris County, Texas~ and
WHEREAS, the City Council of the City of La Porte has found and
determined that the fee simple title in and to the hereinafter
described real property is suitable and needed for such purpose, and
that it is necessary to acquire same for the construction of such
sanitary landfill and resource recovery facilities, as aforesaid~
and
WHEREAS, the City Council of the City of La Porte deems it
advisable to authorize, and does hereby authorize Knox W. Askins,
its City Attorney, to represent it in the acquisition of the
hereinafter described property:
Section 1. That the said Knox W. Askins, as City Attorney for
the City of La Porte, be and he is hereby authorized to negotiate
with the owners of the hereinafter described land, concerning the
acquisition by the City of La Porte of the fee simple title thereto,
at the fair market value for same, and, should said legal counsel,
as duly authorized representative of the City of La Porte, be unable
to agree with such owners as to the fair market value of such fee
simple title, then, and in that event, said City Attorney for the
City of La Porte be, and he is hereby, authorized and directed to
file against all owners and lienholders, proceedings in eminent
domain to acquire the fee simple title to the hereinafter described
real property, for sanitary landfill and resource recovery purposes,
to wit:
That certain 80.972 acre tract, being part of a 203.713
acre tract, in the George B. McKinstry League, A-47,
Harris County, Texas, being more particularly described
by metes and bounds on Exhibit "An attached hereto, and
incorporated by reference herein.
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RESOLUTION NO. 88-jt, 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-l7, Texas Revised
Civil Statutes Annotated; and that this meeting has been open to the
public as required by law at all times during which this resolution
and the subject matter thereof has been discussed, considered and
formally acted upon. The City Council further ratifies, approves
and confirms such written notice and the contents and posting
thereof.
PASSED AND APPROVED this the 25th day of April, 1988.
CITY OF LA PORTE
By:
Norman Malone, Mayor
ATTEST:
Cherie Black, City Secretary
APPROVED:
Knox W. Askins, City Attorney
.
tlE_ AUD noUtlD:3 DESCHIPTIOtI a
80.972 ACRE TRACT ..,
BEING PART OF A
203.713 ACRE TRACT
GEORGE McKINSTRY LEAGUE, A-47
HARRIS COUNTY, TEXAS
.-
!
Being an 80.972 acre tract of land out of a 203.713 acre
tract, in the George B. McKinstry League. A-47. Harris County,
Texas. The 80.972 acre tract of land as surveyed by II. Carlos
Smith. Engineers & Surveyors. Inc., 1n August, 1987. 1s more
particularly described by metes and bounds as follows:
Beginning at a 5/8 inch iron rod set (October 1984) for the
Northwest corner of the 80.972 acre tract and the aforesaid
203.713 acre tract as recorded in Volume 8035. Page 51. Harris
County Deed Records; said corner being coincident with the East
right-of-way line of Bay Area Boulevard (based on a width of
150.00 feet) as recorded in Volume 7235. Page 135, Harris County
Deed Records.
Thence. North 87.degrees 25 minutes 50 seconds East (Call
North 87 degrees 26 minutes 12 seconds East); coincident with the
North boundary line of the aforesaid 203.713 acre tract and the
South boundary line of a 50 feet wide Southern Pacific
I Transportation Company Railroad right-of-way as recorded under
_ Harris County Film Code Number 161-23-1104; passing at 415.14
~ feet (Call 415.04 feet) a 5/8 inch iron rod with bronze cap
: numbered 2395 marking the West right-of-way line of a 40 feet
wide pipeline easement as described in Volume 6835. Page 616 and
Volume 3135, Page 261. Harris County Deed Records; passing at
_ 464.89 feet (Call 464.82 feet) a 5/8 inch iron rod with bronze
. cap numbered 2394 and found 0.09 feet North. marking the East
; right-of-way line of aforesaid 40 feet Hide pipeline easement;
passing at 906.83 feet (Call 906.70 feet) a 5/8 inch iron rod
: with bronze cap numbered 2393 marking the West line of an
i abandoned pipeline easement corridor as described in Volume 8385.
; Page 163; Volume 8017, Page 194; Volume 8449, Page 251; Volume
I 8449, Page 225, Harris County Deed Records; passing at 978.67.
I feet (Call 978.54 feet) the East line of aforementioned abandoned
, pipeline easement corridor; for a total distance of 2058.62 feet
(Call 2058.24 feet) to a 5/8 inch iron rod with bronze cap
numbered 2382; said point being the Northeast corner of 'the
80.972 acre tract and the 203.713 acre tract.
Thence. South 3 degrees 02 minutes 25 seconds East (Call
South 3 degrees 01 minute 51 seconds East); coincident with the
East boundary line of the aforesaid 203.713 acre tract and the
West right-of-way line of' Harris County Flood Control Easement
designed as "Tract 2" and recorded in Volume 8260, Page 124,
Harris County Deed Records; passing at a distance of 1668.89 feet
to a 5/8 inch iron rod set for the Southeast corner of the
original 80.00 acre tract; for a total distance of 1688.89 feet
to a 5/8.inch iron rod set (August 1987) for the Southeast corner
of this 80.972 acre tract.
Thence, South 87 degrees 25 minutes 50 seconds West; passing
at 1089.45 feet the East line of aforementioned abandoned
pipeline easement corridor; passing at 1163.94 feet the West line
of aforementioned abandoned pipeline easement corridor; for a
total distance of 2118.40 feet to a 5/8 inch iron rod set (August
1987) for the Southwest corner of the 80.972 acre tract.
Thence. North 1 degree 00 minutes 45 seconds West;
coincident with the West boundary line of the aforesaid 203.713
acre tract and the East right-of-way' line of Bay Area Boulevard;
passing at 20.01 feet a 5/8 inch iron rod set (October 1984) for
the Southwest corner of the original 80.00 acre tract; passing at
1396.39 feet (Call 1396.27 feet) a 5/8 inch iron rod with bronze
cap numbered 2397 and found 0.16 feet West; said point marking
the South right-o~-way line of aforementioned 40 feet wide
I pipeline easement; passing at 1464.72 feet (Call 1464.54 feet) a
5/8 inch iron rod with bronze cap numbered 2399 marking the North
right-of-way line of a pipeline easement as described in Volume
8017. Page 190. Harris,County Deed Records; for a totaL~distance
of 1689.46 feet to the POINT OF BEGINNING. ,<'.~r~~'..fJ? f"":
,:' /,.:......,...,./..l":.;~
,jlC~... ,_<\.,. ',:../'
......." \'.:, ...ul
".::.-:.."1'.1-,1 .-:. .:.
":- J"'~r:"'f'.'~~"'.."'" \
i\ II..oJ . [;:,r:it -
'. ~".: ..,..... .................-:..;
. .'. ~,,:!l .: f
, ',.^. .,",,: ",:,,~'" 0,'"
.: "", :;"; .- ,
." /'.' . :. . /
I .
F, BECK
REGISTERED PUBLIC
AlIGIIST 17, 1987
"'11(),n7
SURVEYOR NO. 2021
F.~TRT'T' "n."
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REOUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
April 21), 1 g88
Requested By: Norman Malone
Department:
Mayor
Report
x
Resolution
Ordinance
Exhibits: Resolution 88-9
SUMMARY & RECOMMENDATION
The South East Economic Development Council, Inc., has requested
that the City Council approve a Resolution supporting their
efforts. A copy of the attached Resolution will be sent to their
office when it is approved by Council.
Action Required by Council: Approve Resolution 88-9
Availability of Funds:
General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other (Motor Pool Replacement Fund)
Account Number:
Funds Available:
YES
NO
Approved for City Council Agenda
G~~ T. ~
Robert T. Herrera
City Manager
4- ~l -f6t6
DATE
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RESOLUTION NO. 88-9
WHEREAS, business and commerce is the backbone of a
country, a state, a county, and a community; for it is through
business and commercial activities that goods and services are
supplied, manufactured, and sold, jobs are created so that
payroll is provided and taxes are paid so that roads, highways,
bridges, and schools can be built; and
WHEREAS, the City of La Porte, in conjunction with the
Harris County South East Economic Development Council, wishes
to commend the industries and businesses of southeast Harris
County that, even in these difficult economic times have
continued to operate, continued to provide jObs, continued to
pay taxes, and have maintained a commitment to their customers,
employees, and this community.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of La Porte:
Section 1. That the City of La Porte does hereby
recognize the week of April 25, 1988, as Business and Commerce
Week in the City of La Porte.
Section 2. That the City of La Porte supports the efforts
of Harris County South East Economic Development Council in
assisting area businesses to remain in the area, and to grow
and flourish, for the growth of area businesses will be
beneficial to our community as a whole.
PASSED AND APPROVED this the 25th day of April, 1988.
CITY OF LA PORTE
Norman L. Malone, Mayor
ATTEST:
Cherie Black, City Secretary
APPROVED:
Knox Askins, City Attorney
~~U~~l ru~ ~~lI ~UUN~~L A~
Agenda Date Requested: April 2S, 1988
Requested By: Joel H. Albrecht
Department:Community Development
Report
Resolution
Ordinance
Exhibits: 1) Recommended rate structure
2) Golf Course Advisory Board minutes for 4/7/88
3) Proposed Charter Membership recommendation
4) Proposed Guidelines for Charter Memberships
5) Revenue Projections - Oct. '88 - Sept. '89
6) Six Year Revenue Projections
7) Projected Revenue vs. 0 & M and Debt Service
8) Schedule of Bonds and Interest Payable
9) Five Year 0 & M Projections
SUMMARY & RECOMMENDATION
On January 20, 1988, the staff presented a recommendation for
proposed user fees at the Bay Forest Golf Course to the Golf
Course Advisory Board.
The staff recommendation was made after completing a survey of
several golf courses in our area and workshops with the Golf
Course Advisory Board. The attached list furnishes information on
nine area courses. The facilities of the last two Lake Houston
and Cypresswood, compare closely with our Bay Forest Golf Course.
These two new courses are daily fee courses.
The proposed fees were converted into revenue projections based on
an estimated 40,000 rounds of play for the fiscal year 88-89 and
reflect an incoming revenue of $572,530.00 for the first full year
of operation based on $14.31 per round.
The Golf Course Advisory Board recommended that the City Council
set the user fees at Bay Forest Golf Course as follows:
Green fees
$ 9.00/weekdays
$12.00/weekends & holidays
$ 4.50/Senior rate
$ 5.00/twilite
$-1.00 off/resident discount off all green
fee except twilite
$14.00/rental
Golf cart
The Golf Course Advisory Board, on April 7, 1988, made an
additional recommendation that the City Council consider allowing
200 Charter Memberships to be sold for $600.00 per year per
person.
Action Required by Council:
Accept recommendation of Golf Course Advisory Board.
Availability of Funds:
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
Funds Available:
YES
NO
Approved for Citv Council Agenda
Q~ \l ~
Robert T. Herrera
City Manager
~ \ ~t ) ~ '6
DATE
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GOLF COURSE ADVISORY BOARD
MINUTES OF MEETING
APRIL 7, 1988
DRAFT
THOSE PRESENT
Advisorv Board
Citv of La Porte
David Brady, Chairman
Lloyd Roper
Reed Tolles
Jim Longnecker
Dennis Dunham
Richard Hayes
Ruede Vlheeler
John Joerns
Joel Albrecht
Alex Osmond
Dennis Hlavaty
Nina Bergeron,
Secretary
Meeting was opened by David Brady, Chairman at 12:10 PM
ITEt-'1 NO.2:
A motion was made by Richard Hayes and seconded by
Dennis Dunham to approve the minutes of the March 10,
1988 meeting. Minutes were approved as presented.
Dennis Dunha~ asked if a letter had been sent to Marion
Albanese in appreciation for her input in the logo for
the golf course. David said that it was his
understanding that John Joerns had called and talked
with her and made recognition at the Council meeting.
John added that she and Brian (City employee) would get
their picture in the paper and be taken out for lunch
for the job they did on the logo.
ITEH NO. '1:
STATUS OF GOLF COURSE: Alex informed the Board that
everything was looking good at the course. The items
that need to be completed are the drainage areas, some
fairways and green slopes still need some grass added, a
few areas in the rough that need to be seeded, fix/patch
cart paths damaged by construction, repair leaking w~ir
on No.2, install main controller for water system ,
(can't be done until maintenance building is completed.
After contractor is satisfied with his work for
completion of the course, a final inspection will be
made by Jay Riviere and City staff. Dennis Dunham made
a request that the Board also make the final inspection,
as this will be the last opportunity to meet with the
contractor. All agreed and it was decided that the
Board would be included.
e
Golf Course Advisory Board Meeting
Minutes of April 7, 1988
Page 2
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DRAFT
FOLLOW-UP ON ADVERTISEMENT: Alex told the Board the
advertisement for the tee markers, etc. was coming along
fine. The problem with the over selling and selling to
companies out of La Porte had been rectified. He said
that the City should be receiving the black and white
copies of the signs in the near future.
ITEM NO.4:
ITEM NO.5:
RATE AND FEE STRUCTURE: This item was brought back to
the Board to get final approval so it can be presented
to the City Council. This item had been tabled before
so a committee could work up and present the Board a
proposal for Charter Membership.
At this point Jim Longnecker made a motion and it was
seconded by Lloyd Roper to set a fee for La Porte
residents on a one day a week (Monday or Tuesday) basis
before noon at a special rate of $5.00. This would be
for La Porte residents only. After discussion of the
Board a vote was taken and the motion failed. Nays:
David Brady, Reed Tolles, Dennis Dunham, Richard Hayes
and Ruede Wheeler.
Proposed Charter Membership - 200 Charter memberships
maximum at a fee of $600.00. The golf packet would
include: unlimited golf, name listed on permanent
plaque, photograph with the pro, bag storage, bag tag,
"Charter Hember" golf hat, 20% discount each year that
membership is renewed (in the event that the package is
increased), membership will be billed as advertisement,
non-transferrable, scoreboard with inserts of
advertisers name will be changed weekly and Charter
Membership must specify an individual as the member.
These memberships will be an annual renewal. When the
program begins La Porte residents will be given first
choice and a time limit of 30/60 days will be set.
Ruede Wheeler felt that a good time to begin the
membership drive would be after the course is open and
the residents have had a chance to play on it a few
times, this would give them the opportunity to decide if
they wanted to purchase a Charter Membership or not.
A motion was made by Jim Longnecker and seconded by
Richard Hayes that the recommended rate structure and
the proposed "Charter Hembership" be presented to City
Council for their approval. Motion passed. This will
be done at the April 25th Councj,l meeting.
Jim Longnecker asked to have the record reflect that he
is personally in opposition to the Charter Membership.
He further stated he was going to make a report to the
City Council as a citizen concerning the La Porte
residents rate and the Charter Hembership.
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DRAFT
GOLF COURSE ADVISORY BOARD MEETING
MINUTES OF APRIL 7, 1988
PAGE 3
ITEN NO.6:
"
It was also brought up about a set time for the senior
citizens to have for "tee off". After some discussion
by the Board it was decided to wait until a few months
after the course is open and see if there is any problem
being caused by not having certain times for tee off.
OTHER BUSINESS - CLUBHOUS~ John Joerns presented to
the Board the status of the clubhouse. He said that
Staff's recommendation to Council was to accept the low
bid of Builders Construction subject to negotiation to
build only the clubhouse at a price not to exceed
$195,500 and include alternate bid #2, the fire
sprinkler system at $6,000.00. Also to negotiate the
allowable construction days from 120 to 100. This would
also exclude the proposed sitework for the present
time. He stated that the alternate bid for the deck in
the amount of $10,636, could be added at a later date as
the amount for the clubhouse is already exceeding the
amount budgeted and the burglar alarm system ($4,000.00)
could be also added later and perhaps at a more
reasonable price. Staff feels that the bid on the
clubhouse al~ne is a very good price and should be
approved. The above recommendation will be presented to
City Council on Monday, April 11, 1988 for their
approval or rejection.
David Brady, as well as the rest of the Board, felt that
the deck should be included in the base bid and that it
was all considered to be one item and not an alternate.
The Board felt that to build the clubhouse without the
deck (to be added later) was wrong. David expressed
that if $10,636.00 was all that was keeping staff from
adding the deck that it should be done (all members
agreed). He said we are already over budget and he
didn't see how $10,000.00 could make that much
difference. In fact, if it does, then maybe the entire
clubhouse should be cancelled for now was the suggestion
made by the Board. But if the clubhouse is built, then
the deck should be included. The Board felt that the
deck and clubhouse were all one structure and should be
considered as such. A motion was made by Reed Tolles
and seconded by Dennis Dunham that the Board opposed the
awarding of the building without including the deck, or
considering the deck as an alternate. Motion carried.
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DRAFT
GOLF COURSE ADVISORY BOARD MEETING
MINUTES OF APRIL 7, 1988
PAGE 4
The Board requested that when the clubhouse is presented
to City Council on April 11, 1988, that their desires
are also expressed. They felt that Council should have
their recommendation as well as those of Staff. John
Joerns assured the Board that this would be done.
There being no further business the meeting adjourned at 1 :30 PM.
Next meeting scheduled for April 28, 1988 at 12:00 Noon.
Respectfully submitted,
Nina Bergeron, Secretary
Approved on this ___ day of
1988.
David Brady, Chairman
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PROPOSED CHARTER MEMBERSHIP
200 CHARTER MEMBERSHIPS' MAXIMUM
PRICE: $600.00
(GOLF PACKAGE)
1. UNLIMITED GOLF
2. NAME LISTED ON PERMANENT PLAQUE
3. PHOTOGRAPH WITH THE PRO
4. BAG STORAGE
5. BAG TAG
6. "CHARTER MEMBER" GOLF HAT
7. 20% DISCOUNT EACH YEAR THAT MEMBERSHIP IS
RENEWED, IN THE EVENT THAT THE PACKAGE IS
INCREASED
8. MEMBERSHIP WILL BE BILLED AS ADVERTISEMENT
9. MEMBERSHIP IS NON-TRANSFERRABLE
10. CHARTER MEMBERS GOLF TOURNAMENT
11. SCOREBOARD WITH INSERTS OF ADVERTISERS NAME
WILL BE CHANGED WEEKLY
12! CHARTER MEMBERSHIP MUST SPECIFY AN J;NDJ;VIDUAL
AS' THE MEMBER
Submitted: April 7, 1988
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SUGGESTED GUIDELINES FOR CHARTER MEMBERSHIPS
All Charter Memberships will be effective October 1, 1988 and run
through September 30, 1989.
The first thirty (30) days of Charter Membership sales will be limited
to La Porte residents only.
After the first thirty (30) days of sales, the general public will be
eligible to buy a Charter Membership. The $600.00 fee must be paid in
one payment. Any Charter Membership purchased prior to October 1,
would be prorated back to the first day of the month purchased and
that fee in addition to $600 will be due at that time.
Example: If a Charter Membership was purchased July 15, 1988, the
pro-rated fee at $50.00 a month would be $150.00 and would be
due and payable at that time in addition to the $600.00 for
October 1988 - September 1989.
All Charter Membership sales will close at midnight September 30, 1988
and not open again until September 1, 1989 for the 1989-90 season.
Items number 2,3,4,5,6,10 and 11 of the proposed Charter Membership
package will be paid from the Charter Membership fees.
. .
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RECOMMENDED RATE STRUCTURE
BAY FOREST GOLF COURSE
LA PORTE, TEXAS
GREEN FEES
$ 9.00 WEEK-DAY
$12.00 WEEK-END
We are recommending the above GREEN FEE rates because we feel they
will be competitive with area Municipal Golf Courses. The rates are
higher, simply because our facility will warrant them and we will be
setting a new standard for Southern Texas Municipal Golf courses. Our
higher standard will emphasize automatic watering system, concrete
cart paths, club house facilities, location, maintenance facilities,
and an overall well conditioned golf course.
TWILITE GREEN FEES
$ 5.00
This is a discounted rate which most Municipal Golf Courses offer
approximately two and one half hours before dark to accommodate
players who prefer to play only nine holes or don't have time for
eighteen holes.
ANNUAL FEES
These are fees offered at some Municipal Golf Courses to generate
revenue and accommodate local avid golfers.
Our feeling on this subject is open the golf course for a period
of time and then consider our need of a rat~ of this nature. There
are some advantages and disadvantages.
An advantage is this will create fast bulk revenue. Another
advantage is that a player who accepts this offer will primarily play
at our golf course which creates revenue by other means such as cart-
fees, food and beverage and etc.
The disadvantages concerning annual rates would be that a player
may take advantage of this rate to average his or her green fees well
below our normal green fees. Another disadvantage of annual rates
would include players not accepting restriction of play for certain
reasons such as tournaments, league play, necessary maintenance, and
weather.
All of these things should be weighed before adopting or not
adopting an annual rate.
", .. ~
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Bay Forest Golf Course
Rate Structure
Page 2
SENIOR GREEN FEES
$ 4.50 - 65 Years and up
Week-days only
This is a rate discounted to Senior Citizens on week days only.
Most Municipal golf courses use them. We feel our recommended rate is
competitive with area Municipal golf courses.
RESIDENT DISCOUNT
$ 1.00 - On all green fees excluding Twilite
lie feel
tax payers.
Forest Golf
in the near
this discount rate should be adopted for our residents and
This discount will help keep our local players at Bay
Course. A system for proof of residence will be developed
future.
CART RATES
$14.00 - 18 HOLES - Single or Double
$ 8.00 - 9 HOLES - Single or Double
We recommend these rates because they are consistant with our
higher standard facility and are still competitive with other
Municipal golf courses.
We will weigh an idea of single cart rates for Twilite green fee
players after we open.
By offering no single rate we will encourage twosome & foursome.
By this we mean we could consolidate players into foursomes and the
pace of play would be more consistent.
PRIVATE CARTS
We recommend that we should not permit private carts at Bay Forest
Golf Course. Doing this will serve more justice to our cart fleet and
cart paths investment.
Two major disadvantages of private carts are liability and
marshalling. We would not know the condition of these carts,
therefore we would not know the hazards and risks involved.
Marshalling would become a nightmare for the Pro Shop staff. It would
be extremely difficult to keep up with each private cart. Also, our
~---...........-
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parking would become limited by the trailers used for transporting
private carts.
REVENUE PROJECTIONS
F'O R BAY FOREST GOLF COURSE
OCT. 1988 - SEPT. 1989 EST. 40,000 ROUNDS
,
OCT. NOV. DEC. JAN. FEB. MAR. APR. MAY J U"IE J UL Y AUG. SEPT.
ESTI~~HD
~OU'lDS 3250 3000 2000 200~ 2000 3250 3750 4250 4250 4250 4250 3750
SR./TWILTE
:;R~~"I FEES $1,125 $ 900 $ 675 $ 675 $ 675 $1,125 $1,350 $2,250 $2,250 $2,250 52,250 $ 1,349
!1,349
WE:'<:DAY
GR~~N FEES 12,750 12,750 935 935 9,350 13,600 14,025 19,635 18,870 16,757 19,635 16,150
,.E ~< ~ND e
e GR!:EN FEES 17,250 14,950 3,625 8,625 8,625 16,100 20,700 16,560 17,595 20,700 10';60 17,325
CART RENTAL 1Z!Q~, 1~!Z2Q _Z,QQQ _Z,QQQ _Z,QQQ 1Zdl~, 1Zd~~ ZZdB "dB ,ZdlZ "dlZ 12d~a
TOTALS :; 45,137 :; 44,350 ~ 25,650 $ 25,650 $ 25,650 $ 47,887 $ 55,672 $ 60,758 $ 61,027 $ 61,838 $ 60,758 $ 55,012
SR. & TWILITE GREEN FEES
3750 @ S4.50/EA =
$ 16,875.00
WEEK DAY GREEN FEES 20,240/ROS. ~ $8.50/EA
(ASSU~E 1/2 ARE LOCAL PLAYERS RECEIVING $1.00 DISCOUNT)
$172,040.00
WEEK END GREEN FEES 16,010/ROS. @ 11.50/EA =
(ASSUME 1/2 ARE LOCAL PLAYERS RECEIVING $1.00 DISCOUNT)
5134,115.00
CART RENTALS (71.25Y. OF ROS.) 28,500/RD5. @ $7.00/EA =
(ASSUME 2 PLAYERS PER CART RENTAL)
H22,~QQ.&QQ
TOTALS
$572,530.00
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AV:RAGE GR~EN F:~
$ 9.32 PER ROU~D
~V:RAGE CART RENTAL
$ 4.98 PER ROUND
AVERAGE R"V~NUE
$14.31 PER ROUND
January 20, 1988
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BAY FOREST GOLF COURSE
SIX YEAR REVENUE PROJECTIONS
FY 88-89 THRU FY 93-94
AVERAGE REV. PROJECTED PROJECTED
PER ROUND ROUNDS REVENUE
/
FY 1988-89 14.31 40,000 $ 572,400.00
FY 1989-90 14.31 44,000 629,640.00
FY 1990-91 14.31 46,500 665,415.00
FY 1991-92 14.31 50,000 715,500.00
FY 1992-93 14.31 55,000 787,050.00
FY 1993-94 14.31 60,000 858,600.00
NOTE: 1- Projections on revenues are based on green fees at
recommended rates and no increases.
2. Rounds increase as shown.
FY 1988-89 12.30 40,000 $ 492,000.00
FY 1989-90 12.30 44,000 541,200.00
FY 1990-91 12.30 46,000 565,800.00
FY 1991-92 12.30 50,000 615,000.00
FY 1992-93 12.30 55,000 676,500.00
FY 1993-94 12.30 60,000 738,000.00
NOTE: 1- Projections reflect decrease in weekday fees < $1.00 >,
weekend < $2.00 > and cart fees < $2.00 >
FY 1988-89 13.30 40,000 $ 532,000.00
FY 1989-90 13.30 44,000 585,200.00
FY 1990-91 13.30 46,000 611,800.00
FY 1991-92 13.30 50,000 665,000.00
FY 1992-93 13.30 55,000 731,500.00
FY 1993-94 13.30 60,000 798,000.00
NOTE:
1. Projections reflect decrease in weekday fees < $0.50 >,
weekend fees < $1.00 > and cart rental < $1.00 >.
Fees required to meet bond servicing and 0 & M - First year
Classification
Total
Twilight and senior rate
Weekdays
Weekend and holidays
Cart rental
4.50
12.28
15.90
19.98
$ 16,875.00
244,904.00
254,712.00
284,628.00
($ 9.95 person)
Average incomelround
$ 20.21
January 20, 1988
-
~
800
700
600
f= "
'"\-,;'
400
300
PROJECTED REVENUES
VS.
en oaM AND DEBT SERVICE
o
0:
PROJECTED ~UES AT $ 14.311 RD.
(I)
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o a M AND BOND PAYMENTS
PROJECTED REVENUES AT $ 13.30/RD.
. PROJECTED REVENUES AT $ 12.30 1 RD.
~
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SCHEDULE OF BONDS AND INTEREST PAYABLE
GENERAL OBLIGATION BONDS, SERIES 1986
DATED 5/15/86 - 6/5% TO 10.5% VARIED INTEREST
FISCAL YEAR
ENDED INTEREST INTEREST INTEREST PRINCIPAL TOTAL DEBT
SEPTEMBER 30 2-15 8-15 TOTAL 2-15 REQUIREMENTS e'
e 1988 152,631.25 145,193.75 297,825.00 175,000.00 472,825.00
1989 145,193.75 137,756.25 282,950.00 175,000.00 457.,950.00
1990 137,7?6.25 130,318.75 268,075.00 175,000.00 443,075.00
1991 130,318.75 122,881. 25 253,200.00 175,000.00 428,200.00
1992 122,881.25 115,443.75 238,325.00 175,000.00 413,325.00
1993 115,443.75 108,006.25 223,450.00 175,000.00 398,450.00
1994 108,006.25 100,568.75 208,575.00 175,000.00 383,575.00 '
1995 100,568.75 94,093.75 194,662.50 175,000.00 369,662.50 '
1996 94,093.75 85,468.75 179,562.50 250,000.00 429,562.50
1997 85,468.75 76,718.75 162,187.50 250,000.00 412,187.50
1998 76,718.75 67' , 843 . 75 144,562.50 250,000.00 394,562.50
1999 67,843.75 58,906.25 126,750.00 250,000.00 376,750.00
2000 58,906.25 49,006.25 107,912.50 275,000.00 382,912.50 e
2001 49,006.25 38,968.75 87,975.00 275,000.00 362,975.00
-- 2002 38,968.75 28,862.50 67,831.25 275,000.00 342,831.25
2003 28,862.50 18,687.50 47,550.00 275,000.00 322,550.00
2004 18,687.50 9,750.00 28,437.50 275,000.00 303,437.50
2005 9,750.00 -0- 9,750.00 300,000.00 309,750.00
TOTAL $1,541,106.25 $1,388,475.00 $2,929,581.25 $4,075,000.00 $ 7,004,581.25
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BAY FOREST GOLF COURSE
FIVE YEAR 0 & M PROJECTIONS
FY 88-89 FY 89-90 FY 90-91 FY 9.1~92 FY 92-9:
PAYROLL
(Full time) $161,200 $161,200 $161,200 $161,200 $161,201
(Part time) 32,300 32,300 32,300 32,300 32,301
FERTILIZER/CHEM./MATERIALS 53,600 48,000 45,000 45,000 45,00'
SUPPLIES/PARTS/
BUILDING MAINTENANCE 14,200 14,900 15,000 15,000 15,00'
FUEL/UTILITIES 35,400 35,400 35,400 35,400 35,40
UNIFORMS/EXPENSES 5,600 5,750 5,900 6,050 6,20
BENEFIT PACKAGE FOR
EMPLOYEES (30% FULL TIME
EMPLOYEES ONLY)
TOTALS
48,360 48,360 48,360 48,360 48,36
$350,660 $345,910 $343,160 $343,250 $343,46
NOTE: Estimates - February 4, 1988
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BllQUE~I-EOR CIII COUNCIL AGENDA ITEM
--~~~.
Agenda Date Requested:
April 25, 1988
Requested By:
W. Ross Cox
Department:
CIP
Report
Resolution
Ordinance
Exhibits:
Bid tabulation
Architect's recommendation
Cost Report
SUMMARY & RECOM~ENDATION
The 1985 Series General Obligation Bonds provide for
constructing utilities to serve the Fire Training
Facility Site.
Bids were opened for this construction work on April ".
4, 1988 and the low bidder is JOHN WATSON CONSTRUCTION,
INC.
Action Required by Council:
Approval of award,of the utilites and site work to John
Watson Construction, Inc. in the amount of $69,149.
Availability of Funds:
x
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
011-500-500-500 Funds Available: ~ YES __ NO
AP.pf..QveL(Q.c_C..itY__G.QYDUl A.p.:enda
Q~T, ~
Robert T. Herrera
City Manager
_~ \ ~ d ~Q)
DATE
----:!!L.-=:-- -:-.
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P::: ,.
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CITY OF LA PORTE
~ EMS BUILDING BID TABULATION \
APRIL 4, 1988
DOLLARS
-------------------------------------------------------------------------------------------------------------------
BIDDER ITEM 1 ITEM 2 SUBTOTAL ALT A-I ALT A-2 GRAND
SITE & UTlL BUILDING BASE BID GENERATOR SEEDING TOTAL
-------------------------------------------------------------------------------------------------------------------
BLACK & VEATCH ESTIMATE 90,960 209,000 299,960 13,500 600
-------------------------------------------------------------------------------------------------------------------
JOHN WATSON CONSTRUCTION, INC. 67,805 217 ,664 285,469 8,735 1,344 295,548
S.C.I. 87,787 200,213 288,000 8,419 2,200 298,619
BUILDERS CONSTRUCTION 69,400 225,840 295,240 19,000 2,000 316,240
SPRING ALLIED BUILDERS, INC. 101,800 213,200 315,000 9,800 2,180 326,980
HOLLEY BROTHERS ENTERPRISES 75,000 241,924 316,924 8,931 1,845 327,700
A-I CONSTRUCTORS, INC. 90,205 234,700 324,905 7,800 1,870 334,575
HOORE & HOORE GENERAL CONTRACT 94,000 240,900 334,900 8,119 1,400 344,419
"URSON CONSTRUCTORS, INC. 80,000 265,000 345,000 9,931 2,845 357,776
W.M. SMITH CONSTRUCTION, INC. 105,000 243,600 348,600 9,400 800 358,800
ROGERS CONSTRUCTORS, INC. 106,000 247,600 353,600 9,000 1,800 364,400
HARRIS-HUGHES, INC. 121,000 233,852 354,852 9,109 2,468 366,429
C.V. CONSTRUCTION CO., INC. 130,000 219,815 349,815 10,000 13,500 373,315
WILLIAMS INDUSTRIES CONTRACT 100,000 265,000 365,000 8,600 2,800 376,400
JAI1AIL, INC. 141,513 235,212 376,725 8,525 1,806 387,056
AVERAGES 97,822 234,609 332,431 9,669 2,776 344,876
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04/05/88
15: 14
B&V DALLAS 240
002
BLACK Be VEATCH
ENG1NEERS-AReHIT~CT$
TEL. 1.2,14\ 770-1:500
~7'''' L8J j:Aal;wAY, $UITi: 300
DA~LA5.TEXAS7~240
MAILING AODRESS. P () 80)1, fQZQ04
CALLAS. TEll.AS 75380
La Port.e, TexA$
EMS Facility
DiV Project 13819.130
BiV File B
April S. 1988
Dt'. Ross Cox
c/o City of La Porte
Post office Box 1115
La Porte. Texas 77571
Dear Dr. Cox~
Enclosed is the Bid Tabulation fur the La Porte, Texas, Emergency Medical
Service Facility. John Watson Construction, In~., is the apparent low
bidder, using the Base Bid and any combination of Additive Alternative$ No.
,1 and No.2.
We have revi~ed the Bidder.s .Contractor.s Qua11f1cation Statement- and
have contacted hie primary banker and representa~lve. fur the three most
recent project.. All responses have been very posltlve. His Current
A9gees are not particularly 'trang but, on a bondeu project. and with a
good bank reference, this i8 not extremely ~portant. We recommend that
the City award the contract to John Watson Construction, Inc.
We are available at your convenience to discuss this recommendation.
Very truly yours.
bk
Enclosure
...
FIRE TRAINING FACILITY
CITY OF LA PORTE CRSS COST REPORT - DOLLARS DATA DATE 03/31/88
RUN DATE 04/14/88
011500500 ORIGINAL APPROVED CURRENT COMMIT COMMIT PREDICT PREDICT OVERRUN PENDING
ACCOUNT DESCRIPTION BUDGET EXTRAS BUDGET MONTH TO DATE TO COMPL TOTAL (UNDER) EXTRAS
---------------------------------------------------------------------------------------------------------------------------------------
100 ADMINISTRATION 400 400 95 284 95 379 (21)
130 PROFESSIONAL SERVICES 3,600 3,600 2,067 1,500 3,567 (33) e
135 CONTRACT LABOR 0 9,472 9,472 9,472 0 9,472 0
200 SUPPLIES 100 100 6 100 106 6
500 CONSTRUCTION CONTRACTS 100,000 100,000 0 69,149 69,149 (30,851)
508 A/E SERVICES
DESIGN - B&V 68,398 68,398 0 68,398 68,398 0
BIDDING ASSISTANCE (EMS) - B&V 467 467 0 467 467
REIMBURSABLE EXPENSES - B&V 9,145 9,145 0 9,145 9,145 0
CONSTRUCTION ADMIN. (EMS) - STIVER 1672 1,672 0 1672 1,672
REIMBURSABLE EXPENSES (EMS)- STIVER 175 175 0 175 175 ~
SUBTOTAL 79,857 0 79,857 0 0 79,857 79,857 0 0
831 LAND ACQUISITIONS 197,397 197.,397 197,397 0 197,397 0
904 CONTINGENCY 10,000 10,000 0 10,000 10,000 0
PROJECT TOTALS 400,826 9,472 400,826 95 209,226 160,701 369,927 (30,899) 0
---------------------------------------------------------------------------------------------------------------------------------------
FUNDS APPROPRIATED
PROJECT PREDICTED TOTAL
FUNDS OVERRUN (UNDER)
450,000
450,000
369,927
(80,073)
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NOTE: ABOVE CONSTRUCTION CONSISTS OF OFFSITE UTILITIES & ROADS AND SITE WORK AROUND EMS BUILDING.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
April 25, 1988
Requested By:
W. Ross Cox
Departmen t :
CIP
Report
Resolution
Ordinance
Exhibits:
Bid tabulation
Architect's recommendation
SUMMARY & RECOMMENDATION
The Emergency Medical Services (EMS) Building is designed to
occupy the southwest corner of the Fire Training Facility.
Bids were opened for this construction work on April 4, 1988
and the low bidder is JOHN WATSON CONSTRUCTION, INC.
REVENUE:
EMS Operating Budget $ 70,000
Capital Improvement Budget 100,000
Interest Income 16,250
Pipeline Easement Fees 9,757
Fire Training Development Budget 50,000
TOTAL $ 246,007
APPROPRIATIONS:
EMS Building (Item 2) $ 217,664
Emergency Generator (Alt A-I) 8,735
A/E Services 7,503
Other Services (Testing) 3,200
Contingency 8,905
TOTAL $ 246,007
Action Required by Council:
Approval of award to the building and emergency generator to
JOHN WATSON CONSTRUCTION, INC. in the amount of $226,399.
Availability of Funds:
General Fund
Capital Improvement
Other (1985 G.O. Bond Fund,EMS Operating
Water/Wastewater
General Revenue Sharing
Budget)
x
Account Number: 015-500-517-500
Funds Available: X
Yes
No
Approved for City Council Agenda
G<~ T, ~
Robert T. Herrera
City Manager
ltt t.\ \ ~~
Date
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CITY OF lA PORTE
EMS BUILDING BID TABULATION
APRIL 4, 1988 ~l .
~. DOLLARS ~
-----------------------------------------------~---------------------------"-----------------------------------
BIDDER ITEM 1 ITEM 2 SUBTOTAL AlT A-1 AlT A-2 GRAND
SITE & UTIl BUILDING BASE BID GENERATOR SEEDING TOTAL
-------------------------------------------------------------------------------------------------------------------
BLACK & VEATCH ESTIMATE 90,960 209,000 299,960 13,500 600
-------------------------------------------------------------------------------------------------------------------
JOHN WATSON CONSTRUCTION, INC. 67,805 217 ,664 285,469 8,735 1,344 295,548
S.C.I. 87,787 200,213 288,000 8,419 2,200 298,619
BUILDERS CONSTRUCTION 69,400 225,840 295,240 19,000 2,000 316,240
SPRING AllIED BUILDERS, INC. 101,800 213,200 315,000 9,800 2,180 326,980
HOllEY BROTHERS ENTERPRISES 75,000 241,924 316,924 8,931 1,845 327,700
A-1 CONSTRUCTORS, INC. 90,205 234,700 324,905 7,800 1,870 334,575
"OORE & MOORE GENERAL CONTRACT 94,000 240,900 334,900 8,119 1,400 344,419
"URSON CONSTRUCTORS, INC. 80,000 265,000 345,000 9,931 2,845 357,776
W.W. SMITH CONSTRUCTION, INC. 105,000 243,600 348,600 9,400 800 358,800
ROGERS CONSTRUCTORS, INC. 106,000 247,600 353,600 9,000 1,800 364,400
HARRIS-HUGHES, INC. 121,000 233,852 354,852 9,109 2,468 366,429
C.V. CONSTRUCTION CO., INC. 130,000 219,815 349,815 10,000 13,500 373,315
WIllIAMS INDUSTRIES CONTRACT 100,000 265,000 365,000 8,600 2,800 376,400
JAMAIl, INC. 141,513 235,212 376,725 8,525 1,806 387,056
AVERAGES 97,822 234,609 332,431 9,669 2,776 344,876.
...
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r::: ,.
04/05/88
15: 14
B&V DALLAS 240
002
BL.ACK & VEATCH
ENG1NEERS-A.ReHIT~CTS
TEL. 1214) 770-I~OO
!l71'l;\ L8J ""U.,"W"V, $UITi: 300
D"......A5. TEXAS 75240
MAILING ADDRESS, P () 80ll. QQ~QQ4
DALLAS. TElI.A5 75~80
La Ports, Texas
EMS Facility
DiV Project 13819.130
BiV Vile B
April S. 1988
Dr. Ross Cox
c/o City of La Port.
Post Office Box 1115
La Porte. Texas 77571
Dear Dr. Coxt
Enclosed is the Bid Tabulation fo~ the La Porte, Texas, Emergency Med1cal
Service Facility. John Wat.on Construction, In~., is the apparent low
bidder, using the Base Bid and any combination of Additive Alternative, No.
,1 and No.2.
We have r.vi~ed the Bidder's .Contra~tor's qua11f1cation Statement- and
have contacted hia primary banker and representAL!vev fu~ the three most
~ecent projects. All responses have been very pos!~!ve. His Current
Assets are not particularly strong but, on a bondeu project, and w1th a
good bank reference, this is not extremely important, We recommend that
the City award the contract to John Watson Construction, Inc.
We are available at your convenience to discuss this recommendation.
Very truly your9.
bk
Enclosure
~.
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E~QQE~I-EOR CIII COUNCIL AGENDA ITEM
- -~ -----.-----------.-.
Agenda Date Requested: Apri~ 25, 1988
f
Requested By: W. Ross Cox
X Report
Exhibits:
Department:
CIP
Resolution
Ordinance
Proposal by Stiver Engineering for Construction Administration
of EMS Building.
SUMMARY & RECOMMENDATION
Staff has received a proposal from Stiver Engineering to
perform construction administration for the EMS Building.
Critical submittals are expected to be reviewed by Blac,k &
Veatch in Dallas for conformace to the design. The proposal
is based on an hourly rate fee with reimbursable expenses
the total of which shall not exceed $7,895 without approval.
(Account No.
(Account No.
015-500-517-508:
011-500-500-508:
$6,048)
$1,847)
Action Required by Council:
Approval of proposal in the amount of $7,895.
Availability of Funds:
X
X
General Fund
Capital Improvement
Other(1985 G.O.Bond Fund)
Water/Wastewater
General Revenue Sharing
Account Number:
see above
Funds Available: ~ YES __ NO
Ap'pjoved_(gr CitY__G.QJ.lDc ii_A.genda
QJ.}~"t T\ ~
Robert T. Herrera
City Manager
4:\1..\ \~'6
DATE
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ISEII
STIVER ENGINEERING, INC.
March 30, 1988
Dr. W. Ross Cox, Ph.D.
City of La Porte
P.O. Box 1115
La Porte, Texas 77571
Re: Construction Administration for La Porte EMS Facility
Dear Dr. Cox:
We are pleased to provide a proposal to you for construction
administration services for the subject facility. Our services
will include attendance at the preconstruction meeting and monthly
project meetings as well as a minimum of one site visit each
week. Some weeks site visits may occur more often or not at all,
depending on weather and construction activity.
We usually provide services such as these on an as-required
basis because we have no control on construction/contractor
related questions or field problems. In this manner, the Owner
incurs expenses for our services only when necessary. Our
forecast of administrative/engineering time includes eight (8)
hours per week of engineering time during the first month of
construction and four (4) hours for the remaining three (3)
months.
MONTH ENGINEERING SUPPORT
1 32 8
2 16 4
3 16 4
4 16 4
TOTAL HOURS 80 20
.+.
SUMMARY
Engineering 80 hrs @ $65.00/hr
Support 20 hrs @ $25.00/hr
Expenses (Mileage, Etc.)
$5,200
500
600
=
=
=
Total
$6,300
1309-A PEDEN STREET · HOUSTON, TEXAS 77006 · 713-526-3478
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Dr. W. Ross Cox, Ph.D.
City of La Porte
March 30, 1988
Page Two
Based on the anticipated level of service, our fee can be
established with a contingency factor'of 25 percent for a total of
$7,875. We would propose that our services be based on a
time-and-expense method with an upset value of $7,875 that will
not be exceeded without your prior written authorization.
Again, we anticipate that our services will require a
secondary review of all submittals, site visits, response to
technical questions and field problems, and interpretation of the
contract documents. We understand that we will cooperate with the
design architect/engineer and shall not alter the design without
their approval. We shall rely on your representation that the
design is accurate and adequate for the purposes intended.
We have not had the opportunity to visit with the designers
but wish to express our desire to work in a cooperative and
constructive manner as a member of a design, administrative and
construction team.
If you have any concerns about our proposal, we will look
forward to a further meeting with you to discuss any changes you
might desire.
Very truly yours,
MES:hdh
1817-8813
AGREED AND ACCEPTED this
day of
, 1988
'.
BY:
e
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REQUEST FOR CITY COUNCIL AGENDA ITEM
'(.
Agenda Date Requested:
April 25, 1988
Requested By: W. Ross Cox
Departmen t :
CIP
Report
Resolution
x
Ordinance
Exhibits:
H L & P Easement for Little Cedar Bayou Park.
SUMMARY & RECOMMENDATION
An Easement is required to route the H L & P incoming electrical
power to the proper location on the park site. Staff has checked
the proposed easement location and has found no obstructions.
Action Required by Council:
Granting of a 10' wide easement adjacent to the western property
line for electric distribution facilities.
Availability of Funds:
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
Funds Available:
Yes
No -.
Approved for City Council Agenda
Gl~ T, ~
Robert T. Herrera
City Manager
~-LL-<6'6
Date
HL&P 5484 (6-85)
-EASEMENT
e
STATE OF TEXAS
HARRIS
COUNTY OF
}
Job No. WA10311
Map,No. 6253C
PS No. 607C
Zone SOUTH-Bayshore
MSB/1gf 04-11-88
KNOW ALL MEN BY THESE PRESENTS:
THAT, .. .~l:1~. ~~~Y. .~~ .~~:f?~~~.,. ~.~~~~ I .~. ~~?t.a.s. .~,-!-~~~~p~.l. .~~r:I?(rr~~~PA . . . . . . . . . . . . .
........................................................................................ .
........................................................................................ .
(herein called Grantor, whether one or more), for and in consideration of One Dollar ($1,00) to Grantor paid by Houston Lighting
& Power Company (herein called Grantee, P, 0, Box 1700, Houston, Texas 77(01), has granted and does, by these presents, grant
unto said Grantee, its successors and assigns, an easement for electric distribution facilities (consisting of all necessary and
desirable equipment and appurtenances) at, below and from ground level upward located on, under, over and across the following
described lands in. . . . . . . .lj.<;1~~~~. . . . . . . , , . . . . . . , , , . . . , , . . . . . . . . . . , . . . . . , . . . . . County, Texas, to wit:
That certain 22,652-acre tract of land out of the Johnson Hunter Survey, Abstract
35, being that same property described in a deed from Texas Commerce Bank National
Association to the City of LaPorte, Texas, dated February 26, 1979, and recorded
in the Official Public Records of Real Property of Harris County, Texas, under File
G002386 and Film Code 122-91-2215.
The easement herein granted is ten (10) feet wide, the location of which is shown
by the crosshatched area on Sketch No. S88-055, attached hereto and made a part
hereof, together with an unobstructed aerial easement eleven (11) feet six (6)
inches wide, beginning at a plane sixteen (16) feet above the ground and extending
upward, located easterly of and adjoining said ten (10) foot wide easement.
Grantee shall also have rights of ingress and egress to or from said easement, together with reasonable working space, for the
purposes of erecting, installing, operating, maintaining, replacing, inspecting and removing said electric distribution facilities,
together with the additional right to remove from said easement and land adjoining thereto, all bushes, trees and parts thereof or
other structures which, in the opinion of Grantee, endanger or may interfere with the efficiency, safety and proper operation and
maintenance of said electric distribution facilities,
G ' d h b b' d itself d its h' . dl I .
rant or oes ere y m ............... an ............... successors, elrs, assigns, an ega representatives,
to warrant and forever defend all and singular the above described easement and rights unto the said Grantee, its successors and
assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof.
EXECUTED this. . . . . . . . . . . . . . . . .. day of. . . . . . . . . . . . . . . . . . . . . . . . . . .. ,19.........
THE CITY OF LAPORTE, TEXAS
BY:
..... ...................................
........................................ .
(Signature)
Mayor
......... ................................
........................................ .
(Name Typed or Printed)
........................................ .
........................................ .
........................................ .
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STATE OF TEXAS I
COUNTY OF I
This instrument was acknowledged before me on
by , the Mayor of The City of
LaPorte, Texas, a Texas municipal corporation, on behalf of said City.
(Notary's
Signature)
Notary Public State of Texas
Notary's Name, Printed, Typed or Stamped
Commission Expires:
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VOL, 1'5
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CirY C)~ LA f?,R'T~ <<%AS
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22 ~5? Ac.
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45
JOHAlSOAl HUAlTER
SURVEY" A-35
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SCALE IN FEET
NO.2
EASEMENT - UNOBSTRUCTED
COUNTY, #Ae.e15
DATE: Ap,e/~ 8/ /9/38 SCALE 1" -91:>'
:~PdJZ5!1"C ~'/,B W-A.lt:J3J/ ~~AWNt'-A.}I. ~~ECKED
HOUSTON LIGHTING & POWER CO.
HOUSTON, TEXAS
ENGINEERING DEPARTMENT
SKETCH NO. 588-055
REVISIONS NO.1
JOB NO.
REVISED BY
DATE
CHECKED BY
DATE
NOTE:
THE EXTERIORS OF ALL EASEMENTS ARE TO
INTERSECT WITH THE EXTERIORS OF ALL
ADJOINING EASEMENTS OR WITH ADJOINING
PROPERTY LINES.
t-....
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
April 25, 1988
Requested By: stan Sherwood
Department: Parks & Recreation
x Report
Resolution Ordinance
Exhibits:
Letter Attached
SUMMARY & RECOMMENDATION
A presentation detailing the intent of the Parks and Recreation Department
to form an adhoc Sports Association.
Action Required by Council:
Approval for the Parks and Recreation Department's
involvement with an adhoc Sports Association.
Availability of Funds:
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
Funds Available:
YES
NO
Approved for City Council Agenda
G~T,~
Robert T. Herrera
City Manager
~ I ~<6
DATE
.
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March 31, 1988
Dear
The City of La Porte Parks and Recreation Department would like to
form an adhoc Sports Association that will consist of one officer
appointed by each of the following organizations: Soccer, Little
League Baseball, La Porte Oilers Football, La Porte Cowboys Football
and Youth Basketball. The Parks and Recreation Athletic Coordinator
will represent the interests of adult sports which is sponsored by
the Parks and Recreation Department. I will also be actively
involved in this endeavor and will provide any necessary assistance.
The primary objective for this association is to provide better
coordination and interaction among the numerous sports organizations
and the City of La Porte. Working together as a collective unit,
our efforts will result in maximum effectiveness.
A major function of this association will be to develop a field
usage and maintenance schedule for each of the respective sports.
This will minimize scheduling conflicts of location and practice
times. Additionally, the Parks Division will be able to develop a
more effective strategy regarding athletic field maintenance.
Interest in youth and adult sports has increased appreciatively in
La Porte and to accommodate this expansion we must all work
together. I believe that the organization of a Sports Association
is a positive step towards the future for La Porte. Initially the
Association will meet quarterly.
Please contact Bert Clark, Parks Superintendent, at 471-5020
extension 421 at your earliest convenience to discuss this matter.
Sincerely,
Stan Sherwood
Director Parks & Recreation
SS/ms
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REQUEST FOR CITY COUNCIL AGENDA ITEM
...
Agenda Date Requested:
April 25, 1988
Requested By:
W. Ross Cox
Department:
CIP
x
Report
Resolution
Ordinance
Exhibits:
Proposal for engineering services for Stormwater project
utilities relocation.
SUMMARY & RECOMMENDATION
In connection with the stormwater drainage improvements being made
by the Harris County Flood Control District on watershead Fi01
under Interlocal Agreement with the City, all City owned utilities
affected must be adjusted to conform to the improvements.
Staff has received a proposal from Landev .Engineers, Inc. to
perform such services on a reimbursable basis not to exceed the
following costs:
Engineering
Inspection
Surveying
Testing
TOTAL
$ 23,000
6,400
5,500
1,815
$ 36,715
Funding is under 1985 General Obligation Bonds.
Action Required by Council:
Approval of proposal
Availability of Funds:
General Fund
Water/Wastewater
General Revenue Sharing
x
Capital Improvement
Other
Account Number: 011-700-709-508
CIP 1186-4302
Funds Available:
x
Yes
No ~.
Approved for City Council Agenda
~~Tl~
Robert T. Herrera
City Manager
lflu[oo
Date
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LANDEV ENGINEERS. INC.
1706 Seamist Drive
Houston, Texas 77008
713/869-2402
April 20, 1988
City of LaPorte
604 W. Fairmont Parkway
LaPorte, Texas 77571
ATTENTION: W. Ross Cox, Ph.D
REFERENCE: Engineering Design Service Proposal for
the Relocation of Existing Utilities
Dear Mr. Cox:
We appreciate the opportunity to submit our proposal to provide the engi-
neering design services for the relocation and adjustment of City of LaPorte
utilities.
The utilities which require adjustment due to proposea improvements to Unit
F101-00-00 by Harris County Flood Control District are located at the
following locations:
1) Sens Road (1211 waterline)
2) Unit Fl01-06-01 at North 'P' Street (411 Force Main,
811 Gravity Sanitary Sewer and 611 Waterl ine)
3) Valley View Drive (1211 Gravity Sanitary Sewer and 611 Waterline)
4) Downstream SH 146 (611 and 1011 Sanitary Sewer Siphon, and 1011
Waterline)
5) Southern Pacific Site (411 Force Main, 811 Waterline, and Sanitary
Sewer Lift Station)
6) Unit Fl01-06-02 at North 'p' Street (611 Waterline and 1011
Gravity Sanitary Sewer)
The scope of work will include the preparation of construction drawings, spe-
cifications, contract bid documents, assistance in biddin9 and bid tabulation,
contract aaministration and construCtion inspection for required adjustments
at the above locations.
The engineering fee is calculated based on the projected man hour requirements
and will not exceed $23,000.00. Construction inspection is projected to take
19 days and will not exceed a total cost of $6,400.00
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City of LaPorte
Apri 1 20, 1988
Page 2
The time estimated to complete the design services contract is 1.5 months from
the issuance of the notice to proceea. This time excludes the required review
time.
In addition to tne IIbase engineering fee and construction inspection the
following services will be providea.
Baseline Corporation is proposed to furnish the required surveying. The cost
of the required surveying will not exceed $5,500.00
Coastal Testing Laboratories, Inc. is proposed to provide the required soil
testing.
The scope of services will be to provide three 25 foot soil borings. One
boring each at the Southern Pacific Lift Station site, at the crossing of Unit
Fl01-06-01 ana North · P I Street ana at the cross i ng of Fl01-05-02 and North
'P' Street.
The cost for soil testing will not exceed $1,815.00.
Summary of the provided services follows:
Base Engineering Fee
Construction Inspection
Surveying
Soil Testing
$ 23,000.00
6,400.00
5,500.00
1,815.00
$ 35,715.00
Total Contract
Please contact me if you have any questions.
Sincerely,
LANDEV ENGINEERS, INC.
Consulting Engineers
~KW~
Bobby K. Wilson, P.E.
Executive Vice President
BKW:jdg
Job No. 0099.209
0099.209
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ATTACHMENT A: Preliminary Cost Estimate for
Unit F101-00-00 Utility Relocations
A. SENS ROAD
Unit Tota 1
Description Quant ity Unit Cost Cost
1. 1211 Steel Waterline 180 LF $ 120.00 $ 21,600
2. 1211 Gate Valve under Channel 2 EA 700.00 1,400
3. 211 Air Relief Valve 1 EA 400.00 400
Subtotal $ 23,400
B. FIOI-06-01 @ NORTH I P I STREET
Unit Tota 1
Description Quantity Unit Cost Cost
1. 411 DIP Force Main 90 LF $ 25.00 $ 2,250
2. Air Relief in Box 1 EA 1,500.00 1,500
3. 611 Siphon 150 LF 30.00 4,500
4. Sanitary Manholes 2 EA 900.00 1,800
5. Dewatering 120 LF 30.00 3,600
6. Temporary Force Main 120 LF 10.00 1,200
7. Bypass Pump 4 DAY 500.00 2,000
8. 611 Steel Waterline 120 LF 70.00 8,400
in Design Check location
of Gate Valve (Existing)
to determine need for
G.V. & B.
9. 611 Gate Valve 2 EA 300.00 600
10. Trench Safety 140 LF 10.00 1,400
Subtota 1 $ 27,250
- 1 -
e e
C. VALLEY VIEW DRIVE
Unit Total
Description Quantity Unit Cost Cost
1. 611 Steel Waterline 60 LF $ 70.00 $ 4,200
2. 611 Gate Valve 2 EA 300.00 600
3. Air Relief Valve 1 EA 400.00 400
4. 1511 ABS in 1811 Steel Casing 60 LF 180.00 10,800
5. Sanitary Manholes 2 EA 900.00 1,800
6. Trench Safety 60 LF 10 . 00 600
7. Temporary Bypass Pump 4 DAY 500.00 2,000
Subtotal $ 20,400
D. DOWNSTREAM SH 146
Unit Total
Description Quantity Unit Cost Cost
1. 1011 Steel Waterline 200 LF $ 100.00 $ 20,000
2. 1011 Gate Valves 2 EA 600.00 1,200
3. Air Relief Valve 1 EA 400.00 400
4. Manproof Pipe Guara 2 EA 500.00 1,000
5. Concrete Piles 2 EA 4,000.00 8,000
6. 1211 ABS in 1611 Casing 140 LF 160.00 22,400
7. Concrete Piles 2 EA 4,000.00 8,000
8. Manproof Pipe Guard 2 EA 500.00 1,000
9. Temporary Bypass 411 150 LF 10 . 00 1,500
10. Bypass Pump 4 DAY 500.00 2,000
Subtota 1 $ 65,500
E. F10l-06-02 @ NORTH 'pi STREET
Unit Total
Description Quantity Unit Cost Cost
1. 611 Steel Waterline 140 LF $ 70.00 $ 9,800
2. 611 Gate Valve 2 EA 300.00 600
3. 811 Sanitary Sewer Siphon 140 LF 40.00 5,600
4. Sanitary Manholes 2 EA 900.00 1,800
5. Dewatering 120 LF 30.00 3,600
6. Temporary Bypass Pump 4 DAY 500.00 2,000
7. Trench Safety 140 LF 10.00 1,400
Subtotal $ 24,800
- 2 -
~ ~ ~----...
e
F. SOUTHERN PACIFIC SITE
Description
1. 811 Steel Waterline
2. 811 Gate Valve
3. Air Relief Valve
4. Manproof Pipe Guards
5. Concrete Piles
6. 411 D.I.P. Force Main
7. Air Relief Valve in Box
8. Lift Station
9. Remove Existing Lift Station
0099.CE
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Unit
Quantity Unit Cost
230 LF $ 85.00
2 EA 400.00
1 EA 400.00
2 EA 500.00
3 EA 4,000.00
230 LF 20.00
1 EA 1,500.00
1 LS 2.0,000.00
1 LS 1,000.00
Subtotal
TOTAL
Contingencies 10%
GRAND TOTAL
- 3 -
Tota 1
Cost
$ 19,550
800
400
1,000
12,000
4,600
1,500
20,000
1,000
$ 60,850
222,200
22,220
$ 244,420
~ .....
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ATTACH~iENT B
GENERAL CONDITIONS OF AGREEMENT
BETWEEN THE OWNER AND ENGINEER
1. COORDINATION WITH THE OWNER:
The Engineer shall hold periodic conferences with the Ovmer, or his
representatives. to the end that the Project, as it progresses shall
have benefit of the Owner's experience and knowledge of existing needs
and facilities, and be consistent with his current policies and
construction standards. To implement this coordination, the Owner
shall make available to the Engineer, for use in planning the Project,
all existing plans, maps, fieia notes, statistics, computations and
other data in his possession relative to existing facilities and to
the Project.
2. FEES:
For, ana ln consideration of, the services to be rendered by the
Engineer, the Owner shall pay, and the Engineer shall receive the fees
set forth.
Unless otherwise specified, fees shall be paid for the Engineer in
accordance with monthly billings based upon work performed and expenses
incurred during that month. Any payments not made within thirty (30)
days on statements rendered shall be subject to a charge for interest
at a rate of twelve percent (12%) per annum, beginning 30 days after
the date of the statement. and failure to make payments when due will
entitle engineer to suspend services. The Engineer's final payment is
due and payable upon completion of the engineering services. The final
payment to the Engineer shall not be withheld, due to refusal of the
Contractor over liquidated damages, Contract's performance, etc., since
the Engineer cannot and does not serve as surety for the Contractor's
performance.
3. OWNERSHIP OF DOCUMENTS AND RECORDS:
It is understood that the Engineer is preparlng documents for a speci-
fic installation, rather than standard documents for repetitive
multiple use. Therefore, all documents, including original drawings,
It
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estimates, specifications, field notes and data are and remain the pro-
perty of the Engineer as instruments of service. The Owner may obtain,
upon payment of fees due the Engineer, reproducible copies of drawings,
and copies of other documents, in consideration of which it is mutually
agreea that the Ovmer wi 11 use them so 1 e 1 y in connect i on with the
Project, and shall not authorize their use on other projects, except by
written agreement with the Engineer.
The Engineer shall retain all pertinent records relating to the ser-
vices performed hereunder for a period of three years after completion
thereof. Owner shall have access to such records at all reasonable
times during such period as may be required for audit of reimbursable
items.
4. TERMINATION; SUSPENSION OF WORK:
The Owner may. at his discretion, terminate the work or indefinitely
suspend the work under this Agreement, by giving a seven-day written
notice. In such event, the O\'Iner shall assume all obligations,
commitments and claims that the Engineer may have theretofore in good
faith undertaken or incurred in connection with the Project. The
Engineer shall be equitably paid for services rendered prior to effec~
tive termination notice date for and reasonable termination expenses.
5. PROFESSIONAL RESPONSIBILITIES:
All services hereunder will be performed in accordance with sound and
generally accepted principles by personnel experienced in the appli-
cable technical fields. The Engineer shall not be liable for any
indirect or consequential loss or damage arising out if the performance
of services hereunder, including, but not limited to, loss of profit,
or business interruption, whether caused by negligence of the Engineer
or othenvi se.
The Engineer's scooe of authority does not include the expenditure of
the Owner1s funds through changes, disbursement powers, or supervision
of the Construction Contractor's men or his subcontractors. The
Engineer shall not be responsible for construction methods, techniques,
sequences or procedures, safety precautions and programs in connection
with activities of the Construction Contractor. As to the warranty or
guaranty of, or patent indemnity on, items of machinery, equipment or
other products manufactured by others, or work of construction contrac-
tors, subcontractors or manufacturers, the Engi neer I s respons i bil ity
with respect thereto is limited to the assignment by the Engineer to
e
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the Owner of the manufacturer's or Construction Contractor1s warranty
or guaranty and/or patent indemnity, and the Engineer agrees to
cooperate with the Owner in the enforcement establishing basis for cost
estimates, but cannot guarantee that the construction contractor's bid
basis or costs vdll not vary above or below such construction is
involved, on the Builder1s Risk policy (on All-Risk Basis) and on the
Contractor's General Liability Policy. In no event shall the legal
liaoility of the Engineer for damages exceed the total compensation
received by the Engineer for services rendered hereunaer.
6. SUCCESSORS AND ASSIGNMENTS:
The Owner and the Engineer each binds himself and his partners, suc-
cessors, executors. administrators and assigns to the other party of
the Agreement and to the partners, successors, executors, admi ni stra-
tors and assigns of such other party, in respect to all covenants of
the Agreement; except as above, neither the Owner nor the Engineer
shall assign, sublet, or transfer his interest in the Agreement without
the wri tten consent of the other, and they further agree that the
Agreement represents the entire understanding of the Owner and Engineer
and cannot be changed, added to or modifi ed in any way except by an
instrument in writing signed by the Owner and by the Engineer. The
Owner and Engineer agree to the full performance of the covenants con-
tained herein.
5/0099.811
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ATTACHMENT A
FEE SCHEDULE
HOURLY
. CATEGORY . RATES
Principals $ 70.00
Project Manager 60.00
Project Engineer 55.00
Engineer 42.00
Designer 42.00
Draftsman 25.00
Clerical 20.00
IISubcontract Expensell is that incurred by the Engineer in employment of outside
firms for services such as soil borings and tests, aerial photography, surveying
and s imil ar servi ces. "Di rect Non-Labor Expensell is that incurred by the
Engineer for supplies, transportation, equipment, travel, communications, sub-
sistence and lodging away from home, and similar incidentals in connection with
the Project. Those subcontract expenses and direct non-labor expenses
authorized by the Owner shall be reimbursed to the Engineer as direct invoice
cost plus ten percent (10%) service charge, except for surveying which will be
billed at invoice cost. Travel in the Engineer's vehicles will be invoiced at
thirty ($.30) per mile.
.
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BI
BASELINE
CORPORATION
RAT E S C H E D U L E
Surveying & Drafting
A. 2-Man Field Party. . . . . . . . . . . . . . . $ 55.00 per hour
3-Man Field Party . . . . . . . . . . . . . . $ 68.00 per hour
4-Man Field Party. . . . . . . . . . . $ 78.00 per hour
Registered Public Surveyor . . . . . . . . . . . . . . $ 55.00 per hour
Survey Technician . . . . . . . . . . $ 38.00 per hour
Draftsperson . . . . . . . . . . . . . . . . $ 32.00 per hour
Clerical . . . . . . . . . . . . . . $ 24.00 per hour
The above rates for field parties include vehicle and usual surveying
equipment and are charged portal-to-portal from our office.
B. All time over eight hours per day, and Saturdays, Sundays and Holidays
shall be billed at 1.30 time the above rates.
C. All direct non-labor expenses, including, but not limited to, iron rods,
stakes, laths, flagging, telephone calls, reproduction, out-of-town tra-
vel and subsistence as may be required for the proper execution of the
work shall be billed at cost plus ten percent (10%).
D. Computers shall be charged for as follows:
plotter--Twenty-Four Dollars ($24.00) per hour.
E. Electronic Distance Measuring Equipment shall be charged for at the rate
of Six Dollars ($6.00) per hour (4 hour minimum);" Total Station, with
Data Collector shall be charged for at the rate of Ten Dollars ($10.00)
per hour (4 hour minimun).
Wang 2200 MVP with
F. Word Processing Equipment with operator shall be charged for at the rate
of Thirty Dollars ($30.00) per hour.
G. Mileage shall be charged for at the rate of Thirty Cents ($0.30) per
mile, portal-to-portal from our office.
The above rates will be in effect from July 1, 1987 through June 30, 1988.
PROFESSIONAL SURVEYORS
1706 SEAM 1ST DRIVE . HOUSTON, TEXAS 77008 . 713/869-0155
........ ~ .
\
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,
. .
~
MA YOR. DAY 63 CALDWELL
ROLlFF H. PURRINGTON. JR.
PARTNER
225-700..~
1900 REPUBLlCBANK CENTER
HOUSTON. TEXAS 77002
TWX 910-881-6017
CABLE MAYDAYHOU
(713) 225-7000
P. O. BOX 61269
HOUSTON. TEXAS 7l20S
April 11, 1988
HAND DELIVERY
Mr. Knox W. Askins
702 West Fairmount Parkway
LaPorte, Texas 77571
Re: May 7, 1988 Referendum
Dear Mr. Askins:
This firm represents Houston Chemical.. ~e.I::.y.i<::~?, Inc.
("HCS"), Southern Ionics, Inc. ("SI") and Kathy and J. Brian
Axtle. HCS currently has an incinerator permit pending before
the Texas Water Commission. SI is the current owner of the
incineration site and Kathy and J. Brian Axtle are residents of
the City of La Porte (the "City"). The incineration site is
located in the City's extraterritorial jurisdiction.
We have been advised by our clients that the City Council
has purported to place on the ballot for the May 7, 1988 election
a measure asking voters whether the City should oppose the incin-
erator permit and seeking authorization for unspecified, open-
ended funding for such opposition. The purpose of this letter is
to advise you that this and other actions by the City Council are
violative not only of HCS's and SIts contractual rights with the
City, but also of the Texas Election Code and the Federal Voting
Rights Act, as specified below. This letter is to further advise
you and the City Council that if the City does not take appropri-
ate action immediately to remove the measure from consideration
at the May 7th election, our clients will take appropriate action
to protect their interests in this matter.
As you are aware, SI entered into an industrial district
agreement effective January 1, 1987 (the "Agreement"), with the
City which contains limitations on the City's ability to affect
the use of the subject property. Specifically, Section I of the
Agreement provides that the City shall not, by ordinance, extend
any rules or regulations "attempting to exercise in any manner
whatever control over the conduct of business thereon; provided,
however, it is agreed that the City shall have the right to
,/
,/ ,(
Mr. Knox W. ASki~
April 11, 1988
Page 2
.
/
institute or intervene in any judicial proceeding authorized by
the Texas Water Code or the Texas Clean Water Act...." "Accord-
ingly, the City's attempted intervention in the pending adminis-
trative proceeding via the referendum constitutes a breach of the
Agreement which threatens our clients with irreparable injury.
Additionally, Section 3.005 of the Texas Election Code
requires that the City order an election at least forty-five (45)
days prior to the election date. We are advised that the City
ordered the referendum on March 28, 1988, less than 45 days prior
to the election date and in clear violation of Section 3.005 of
the Texas Election Code, not to mention the rights thereunder of
not only our clients, but those of the other citizens of the
City.
Moreover, the proposed referendum also violates the Federal
Voting Rights Act (the "Act"). Under that Act, the City is
required to seek pre-clearance from the United States Attorney
General, insofar as the selection of the date for the referendum
is discretionary. The Act requires that the City file a pre-
clearance submission at least sixty (60) days prior to the elec-
tion. We have contacted the Justice Department and learned that
the City has not filed a pre-clearance submission in connection
with the referendum and, accordingly, holding the referendum on
May 7, 1988 is improper.
In sum, on behalf of our clients, we urge the City to call
off the referendum on May 7, 1988. We also respectfully request
that the City advise us of its position and take such action by
Thursday, April 14, 1988, to avoid our clients' having to expend
additional time and resources to protect their rights in view of
the absentee balloting scheduled to begin on April 18, 1988.
RHP/jb
RHP094/028