HomeMy WebLinkAbout1988-09-12 Public Hearings, Revenue Sharing, Budget Hearing, and Regular Meeting
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MINUTES OF THE PUBLIC IIEARINGS, REVENUE SHARING BUDGET HEARING
AND REGULAR MEETING OF THE LA PORTE CITY COUNCIL
SEPTEMBER 12, 1988
1. The meeting was called to order by Mayor Malone at 6:00 P.M.
Members of Citv Council Present: Mayor Norman Malone,
Councilpersons Betty Waters, Mike Cooper, Ed Matuszak, Alton
Porter, Deotis Gay, B. Don Skelton, Jerry Clarke
Members of Citv Council Absent: Councilperson Mike Shipp
Members of City Staff Present: City Manager Bob Herrera, City
Attorney Knox Askins, City Secretary Cherie Black, Assistant
City Manager John Joerns, Assistant to the City Manager Janie
Bais, Director of Community Development Joel Albrecht, Police
Chief Charles Smith, Director of Public Works Steve Gillett,
Assistant City Attorney John Armstrong, Chief Building
Official/Zoning Administrator Ervin Griffith, Purchasing
Manager Louis Rigby, Polict Lt. Bobby L. Powell
Others Present: Representatives of Jane Long Chapter of DAR;
Representatives of Barbour's Cut Branch of International
Seamen's Center; Eddie Gray and Janet Gray Wahrlich, Fairmont
Park Joint Venture; J. P. Jackson; George Bayless and John
11oon, SEED; Janet Graves, Chairman of the Planning and Zoning
Commission; John Black, Bayshore Sun; 20 citizens
2. The invocation was given by Councilperson Waters.
3. Council considered approving the minutes of the regular
meeting of Council held August 22, 1988.
Motion was made bv Councilperson Waters to approve the minutes
of August 22 as presented. Second by Councilperson Cooper.
The motion carried, 8 ayes and 0 nays.
Ayes: Councilpersons Waters, Cooper, Matuszak, Porter, Gay,
Skelton, Clarke and Mayor Malone
Nays: None
4. Council considered approving the minutes of the Emergency
Called meeting of Council held September 1, 1988.
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Minutes, Public Hearings, Revenue Sharing Budget Hearing
and Regular Meeting, La Porte City Council
September 12, 1988, Page 2
Motion was made bv Councilperson Cooper to approve the
September 1 minutes as presented. Second by Councilperson
Waters. The motion carried, 7 ayes, 0 nays, 1 abstain.
Ayes: Councilpersons Waters, Cooper, Matuszak, Gay, Skelton,
Clarke and Mayor Malone
Nays: None
Abstain: Councilperson Porter
5. The Mayor proclaimed Constitution Week and National Maritime
Ministry Week.
6. Mr. John Moon, representative of SEED Council, presented a
film on economic development in this area.
7. Public Hearings
A. Request of Fairmont Park Joint Venture and J. P. Jackson
to rezone 6.5279 acres in W. M. Jones Survey A-482, from
R-3 High Density Residential to N. C. Neighborhood
Commercial
B. Request of Fairmont Park Joint Venture and J. P. Jackson
for a Special Conditional Use permit on 2.0279 acres in W.
M. Jones Survey A-482, for use as boat storage/
recreational vehicle storage
Mr. Eddie Gray, Fairmont Park Joint Venture, requested that
these two hearings be removed from the agenda at this time in
order that he meet with the Fairmont Park West Homeowners
Association members to address the issue.
Motion was made by Councilperson Waters to remove public
hearings A and B from the agenda at this time and postpone
them to a later date. Second by Councilperson Cooper. The
motion carried, 8 ayes and 0 nays.
Ayes: Councilpersons Waters, Cooper, Matuszak, Porter, Gay,
Skelton, Clarke and Mayor Malone
Nays: None
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Minutes, Public Hearings, Revenue Sharing Budget Hearing
and Regular Meeting, La Porte City Council
September 12, 1988, Page 3
C. Request to consider amending Section 10-1000 Commercial
Use Table B of the City of La Porte Zoning Ordinance, to
allow free-standing on-premise signs with a maximum height
of 75 feet above adjacent grade in controlled access
highway sign corridors
Joel Albrecht, Director of Community Development, reviewed
the request. McDonald's Corporation is asking that the
ordinance be amended to allow maximum height signs of 75
feet above adjacent grade in controlled access highway
sign corridors. Planning and Zoning Commission is
requesting that a controlled access highway sign corridor
be established on Highway 146 and Highway 225, 500 feet
along and parallel to the right-of-way lines.
The Mayor asked for public input. Ms. Donna Gullett
addressed Council regarding the safety factor of such a
sign during a storm or hurricane.
Ms. Janet Graves, Chairman of the Planning and Zoning
Commission, presented the recommendation from the Planning
and Zoning Commission, to grant the amendment to the
interim sign regulations to include a controlled access
highway zone for signs, and that a maximum height of 65
feet be considered and a width of 500 feet along and
parallel to each side of the controlled access highway as
shown on the City of La Porte Thoroughfare Plan.
There being no further input, the Mayor adjourned Public
Hearing C.
8. The Mayor called the Revenue Sharing Budget hearing to order.
Finance Director Jeff Litchfield reviewed the revenue sharing
budget.
The Mayor asked for public input on the revenue sharing
budget. There was no input.
The Mayor declared the Revenue Sharing Budget hearing closed.
9. Mrs. Helen McFerrin addressed Council regarding the pipe
across Deer Creek. She has been in contact with Mark Sayer,
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Minutes, Public Hearings, Revenue Sharing Budget Hearing
and Regular Meeting, La Porte City Council
September 12, 1988, Page 4
pollution control expert of Pasadena, and he had reported to
her that there were three lines draining into Deer Creek, and
one was from an operating septic tank. He had found no leaks
in the pipe across Deer Creek, but had stated that it is about
to fall down. She is expecting a report from the Texas Parks
& Wildlife Department but has not yet received it.
10. This item was deleted due to the postponement of the public
hearing addressing the proposed rezoning.
11. This item was deleted due to the postponement of the public
hearing addressing the Special Conditional Use permit.
12. Council considered an ordinance amending Section 10-1000
Commercial Use Table B of Ordinance 1501 to allow
free-standing on-premise signs with a maximum height of 65
feet above adjacent grade in controlled access high sign
corridors.
At this time, the City Manager announced that Mr. Pepper
Massingill, representing McDonald's Corporation, was present
and wished to address Council.
Mr. Massingill commended the Planning and Zoning Commission
and the City on their cooperation and help with McDonald's
plans to come into La Porte. He went on to explain the
reasoning for moving the sign location and the visibility of
the sign's location. He also stated that the "GUS" sign will
be moved to a different location at McDonald's expense.
The City Attorney read: ORDINANCE 1501-E - AN ORDINANCE
AMENDING ARTICLE III, OF ORDINANCE NO. 1501, THE CITY OF LA
PORTE ZONING ORDINANCE, AMENDING SECTION 10-1000 COMMERCIAL
USE TABLE B; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF
THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND
SHALL UPON CONVICTION BE FINED A SUM OF NOT MORE THAN ONE
THOUSAND DOLLARS ($1,000.00) FOR EACH VIOLATION; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Skelton to adopt Ordinance
1501-E as read by the City Attorney, with the sign height
being 65 feet. Second by Councilperson Porter. The motion
carried, 8 ayes and 0 nays.
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Minutes, Public Hearings, Revenue Sharing Budget Hearing
and Regular Meeting, La Porte City Council
September 12, 1988, Page 5
Ayes: Councilpersons Water's, Cooper, Matuszak, Porter, Gay,
Skelton, Clarke and Mayor Malone
Nays: None
13. Council considered an ordinance approving a contract for
professional services for an Economic Development Plan.
Assistant to the City Manager Janie Bais made a presentation
to Council, with the staff's recommendation being that the
firm of Peat Marwick Main & Company be awarded the contract.
Mr. Don Moyer addressed Council regarding the proposed efforts
of Peat Marwick Main & Company to provide an economic
development plan for the City of La Porte.
The City Attorney read: ORDINANCE 1599 - AN ORDINANCE
APPROVING AND AUTHORIZING A CONTRACT WITH KPMG PEAT MARWICK TO
PREPARE AN ECONOMIC DEVELOPMENT STUDY FOR THE CITY OF LA
PORTE; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Cooper to adopt Ordinance
1Sgg as read by the City Attorney. Second by Councilperson
Gay. The motion carried, 8 ayes and 0 nays.
Ayes: Councilpersons Waters, Cooper, Matuszak, Porter, Gay,
Skelton, Clarke and Mayor Malone
Nays: None
14. Council considered an ordinance consenting to issuance and
sale of bonds by La Porte Area Water Authority.
The City Attorney read: ORDINANCE 1600 - AN ORDINANCE
CONSENTING TO THE ISSUANCE AND SALE OF BONDS BY LA PORTE AREA
WATER AUTHORITY
Motion was made by Councilperson Skelton to adopt Ordinance
1600 as read by the City Attorney. Second by Councilperson
Waters. The motion carried, 8 ayes and 0 nays.
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Minutes, Public Hearings, Revenue Sharing Budget Hearing
and Regular Meeting, La Porte City Council
September 12, 1988, Page 6
Ayes: Councilpersons Waters, Cooper, Matuszak, Porter, Gay,
Skelton, Clarke and Mayor Malone
Nays: None
15. Council considered an ordinance regulating labor agencies
within the City of La Porte.
The City Attorney asked that this item be removed from the
agenda as an action item and be considered as a workshop item
in order to receive input from Council on any changes they
wished to make to the ordinance.
It was agreed that this item would be placed on a workshop
agenda on September 19 and brought before Council at the
meeting on September 26 for action.
16. Council considered an ordinance approving an alcoholic
beverage permit for Memory Lane Restaurant.
The City Attorney read: ORDINANCE 1000-X - AN ORDINANCE
AMENDING ORDINANCE NO. 1000 OF THE CITY OF LA PORTE, TEXAS,
DESIGNATING THE AREAS WHERE BEER FOR CONSUMPTION ON PREMISES
MAY BE SOLD AND PROHIBITING THE SALE ELSEWHERE; PROVIDING FOR
HOURS OF OPENING AND CLOSING; DEFINING SOURCE OF AUTHORITY;
PROVIDING A SAVINGS CLAUSE; PROVIDING THAT NO LICENSE SHALL BE
ISSUED EXCEPT FOR THE AREAS HEREIN DESIGNATED; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made bv Councilperson Gay to adopt Ordinance 1000-X
as read by the City Attornev. Second by Councilperson
Clarke. The motion carried, 8 ayes and 0 nays.
Ayes: Councilpersons Waters, Cooper, Matuszak, Porter, Gay,
Skelton, Clarke and Mayor Malone
Nays: None
17. Council considered a resolution granting the request of Harris
County Flood Control District regarding proposed areas for
right-of-way acquisition.
The City Attorney read: RESOLUTION 88-12 - A RESOLUTION
PROHIBITING THE ISSUANCE OF BUILDING PERMITS WITHIN AN AREA
DESIGNATED FOR RIGHT-OF-WAY ACQUISITION FOR HARRIS COUNTY
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Minutes, Public Hearings, Revenue Sharing Budget Hearing
and Regular Meeting, La Porte City Council
September 12, 1988, Page 7
FLOOD CONTROL DISTRICT PROJECT F101-00-00; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
Motion was made by Councilperson Waters to adopt Resolution
No. 88-12 as read by the City Attorney. Second by
Councilperson Cooper. The motion carried, 8 ayes and 0 nays.
Ayes: Councilpersons Waters, Cooper, Matuszak, Porter, Gay,
Skelton, Clarke and Mayor Malone
Nays: None
At this time, Councilperson Skelton noted that item no. 15 had
not been tabled by Council action, and therefore he would move
to table item 15 to the next workshop. Second by
Councilperson Porter. The motion carried, 8 ayes and 0 nays.
Ayes: Councilpersons Waters, Cooper, Matuszak, POl'ter, Gay,
Skelton, Clarke and Mayor Malone
Nays: None
18. Council considered a resolution to ratify entry into a sales
contract between the City of La Porte and the La Porte Area
Water Authority.
The City Attorney read: RESOLUTION NO. 88-13 - A RESOLUTION
AUTHORIZING AND APPROVING A CONTRACT BY AND BETWEEN THE CITY
OF LA PORTE AND THE LA PORTE AREA WATER AUTHORITY FOR THE
SUPPLY OF WATER AND THE CONSTRUCTION, FINANCING AND OPERATION
OF WATER TREATMENT TRANSMISSION AND DISTRIBUTION FACILITIES.
Motion was made by Councilperson Gay to adopt Resolution 88-11
as read bL-the City Attorney. Second by Councilperson
Skelton. The motion carried, 8 ayes and 0 nays.
Ayes: Councilpersons Waters, Cooper, Matuszak, Porter, Gay,
Skelton, Clarke and Mayor Malone
Nays: None
19. Council considered an ordinance approving a service plan for
the proposed annexation of Bayshore Municipal Utility District
and setting public hearings dates.
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Minutes, Public Hearings, Revenue Sharing Budget Hearing
and Regular Meeting, La Porte City Council
September 12, 1988, Page 8
The City Attorney read: ORDINANCE 1602 - AN ORDINANCE
APPROVING A SERVICE PLAN FOR THE EXTENSION OF MUNICIPAL
SERVICES TO THE AREA COMPRISING THE BAYSHORE MUNICIPAL UTILITY
DISTRICT PROPOSED TO BE ANNEXED BY THE CITY OF LA PORTE, AS
PREPARED BY THE CITY'S DEPARTMENT OF COMMUNITY DEVELOPMENT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING
AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Skelton to adopt Ordinance
J602 as read by the Citv Attornev. Second by Councilperson
Clarke. The motion carried, 8 ayes and 0 nays.
Ayes: Councilpersons Waters, Cooper, Matuszak, Porter, Gay,
Skelton, Clarke and Mayor Malone
Nays: None
20. Council considered approving a change of assignment of the
lease from Bayport Aviation, Inc., to Citizens Bank & Trust
Company of Bay town, and authorizing the City Manager to sign.
Motion was made bv Councilperson Waters to approve the
assignment of lease of Bayport Aviation, Inc.~ to Citizens
Bank & Trust of Bay town and to authorize the City Manager to
sign. Second by Councilperson Clarke. The motion carried, 8
ayes and 0 nays.
Ayes: Councilpersons Waters, Cooper, Matuszak, Porter, Gay,
Skelton, Clarke and Mayor Malone
Nays: None
21. Council considered designating a voting delegate and an
alternate voting delegate to the annual Congress of Cities.
Motion was made by Councilperson Waters to designate the Mayor
as voting delegate and the Mayor Pro Tem as the alternate
voting delegate to the annual Congress of Cities. Second by
Councilperson Cooper. The motion carried, 8 ayes and 0 nays.
Ayes: Councilpersons Waters, Cooper, Matuszak, Porter, Gay,
Skelton, Clarke and Mayor Malone
Nays: None
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Minutes, Public Hearings, Revenue Sharing Budget Hearing
and Regular Meeting, La Porte City Council
September 12, 1988, Page 9
22. Council considered rejecting proposals received for proposal
#0020 and approving permission to enter into contract with
Harris County for SETCIC/JIMS services.
Motion was made by ~ouncilperson Matuszak to reject RFP #0020
and grant permission to enter into a contract with Harris
Countv for SETCIC/JIMS services. Second by Councilperson
Gay. The motion carried, 8 ayes and 0 nays.
Ayes: Councilpersons Waters, Cooper, Matuszak, Porter, Gay,
Skel ton, Clarke and Mayor' Halone
Nays: None
23. Council considered approving Change Order #3 for vent hood and
dry powder extinguishing system at the golf course club house.
Motion was made bv Councilperson Gay to approve Change Order
No. '1 for the vent rwod and do'_ .P'Q1d'9~L extinguishing system at
the golf course Q).J..LQ .h9JJ.se, in the amount of $5416.40. Second
by Councilperson Waters. The motion carried, 8 ayes and 0
nays.
Ayes: Councilpersons Waters, Cooper, Matuszak, Porter, Gay,
Skelton, Clarke and Mayor Malone
Nays: None
24. Council considered a consent agenda, as follows: Consider
awarding bids for tank demolition of College View wastewater
treatment plant, polymer, lime slurry, aggregate for surface
treatment, flexible base, asphaltic concrete pavement,
reinforced concrete pipe, and water and sewer supplies.
Notion was made by Councilperson Haters to approve the .c_Qn~~nt
agenda as QLesen~ed. Second by Councilperson Porter. The
motion carried, 8 ayes and 0 nays.
Ayes: Councilpersons Waters, Cooper, Matuszak, Porter, Gay,
Skelton, Clarke and Mayor Malone
Nays: None
25. Administrative Reports:
A. Discuss proposals for oil and gas leases on City owned
property.
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Minutes, Public Hearings, Revenue Sharing Budget Hearing
and Regular Meeting, La Porte City Council
September 12, 1988, Page 10
City Attorney Knox Askins reported that there has been an
interest expressed by at least three firms for leasing for
oil and gas exploration on several City-owned properties
in the Lomax area. He understands that some 500 acres has
already been leased in that area from residents. He
suggested, since there are so riiany firms interested, that
either sealed bids be taken or an auction held among the
bidders. He will be coming back to Council shortly with a
recommendation for a standard lease form and the clauses
that would be important to protect the City's interest.
He has also sent a letter to the Federal Aviation
Administration regarding this and if it would conform to
their rules, but has not heard back from the FAA as yet.
B. Public hearing on HCS application
The Texas Water Commission has notified the City that
public hearings regarding the HCS permit application will
be held October 11 2nd 12 at San Jacinto College. These
meetings are 8cheduJed for morning hours. Representative
Ed Watson and Congressman Mike Andrews have received
several requests from citizens to change at least one of
the hearing times from a morning session to an evening
session. They will make a written request to the TWC in
this regard. The City of La Porte will also make a
written request for an evening meeting on October 11. The
City Manager asked for approval from Council to send a
letter under the Mayor's signature. Permission was
granted.
C. Police update on narcotics efforts
Police Chief Charles Smith addressed Council on this
item. He reported on statistics regarding drug
investigations and arrests for the past 8 months. He
assured Council that this is an on-going operation and
thot bLs department would continue their efforts.
D. Citizen request for removal of aerial sanitary sewer
crossing at Deer Creek.
Director of Public Works Steve Gillett addressed Council
on this item and tLe tllri:ce ;:,eptic tanks still in operation
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Minutes, Public Hearings, Revenue Sharing Budget Hearing
and Regular Meeting, La Porte City Council
September 12, 1988, Page 11
in that area. His investigations revealed no visible
leakage froQ the septic systems into Deer Creek. He
recommended further study by the engineering Department on
the possibility of cODstr'uction of a 6" gravity main along
Deer Creek and the installation of a 2" grinder pump and
2" force main to the existing manhole at the Deer Creek
aerial crossing. Elimination of the aerial crossing would
be difficult and expensive, and is not recommended.
Discussion was held regarding the possibility of getting
these residences onto the City sewer lines. Avenues of
funding will be undertaken by staff to see what we can do
to alleviate the problem, and will come back to Council
for direction.
E. Community drill
The City Manager announced that a community drill will be
held on September 29, around 4:00 P.M. He asked that the
news Qedia please announce beforehand that the drill will
take place and to empli8size that it is only a drill.
F. 1988-92 urban system PASS program improvements to Spencer
Highway utility adjustments
The City has received a Minute Order from the State
Highway Commission announcing proposed improvements to
Spencer Highway if the City and Harris County will agree
to pay for 50% of the cost of utility relocation. A
resolution must be passed and forwarded to the State
Highway Commission before they will undertake the
improvements to Spencer llighway. The City Manager
informed Council that such a resolution will be placed on
the Council agenda for September 26 for Council action.
26. Council Action - Councilpersons Cooper, Matuszak, Porter, Gay,
Skelton, Clarke and Mayor Malone brought items to Council's
attention. Councilperson Porter asked that the time of the
meeting on September 26 be changed to 7:00 P.M. This was
agreed to by Council.
27. Council adjourned into executive session at 8:50 P.M. to
receive a report under Section 2(R) of V.A.T.S. Article
6252-17 from the City Manager and the Police Chief on
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Minutes, Public Hearings, Revenue Sharing Budget Hearing
and Regular Meeting, La Porte City Council
September 12, 1988, Page 12
city-wide narcotics operations, and under Section 2(G) to
discuss duties of the City staff and Councilpersons in
connection with calling emergency meetings of City Council.
Council returned to the Council table at 10:03 P.M.
The City Secretary was directed to make a diligent effort to
positively contact every member of Council when emergency
meetings were called.
28. There being no fur'tbeY' bu~;j riess to come before the Council,
the meeting was duly adjourned at 10:05.
Respectfully submitted:
~ ttJu
Cherie Black
City Secretary
Passed & Approved this the
26h day of September, 1988
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REOU~ FOR CITY COUNCIL AGENDA ~
Agenda Date Requested: September 12,1g88
Requested By: Joel H. Albrecht
Department: Comm. Development
x
Report
Resolution
x
Ordinance
Exhibits: 1)
2)
3)
Transmittal letter from Planning & Zoning Commission
Staff report as presented to Planning & Zoning on
August 25, 1988
Petition in opposition to Zone Change Request
SUMMARY & RECOMMENDATION
Application: No. 88-003
Type of Request: Rezoning from R-3, High Density Residential to
N.C., Neighborhood Commercial
Requested For: A 6.5279 acre tract of the W. M. Jones Survey,
Abstract 482 (Meets and Bounds description
attached, see Exhibit A)i Located at 9800/
9900 Block of West Fairmont Parkway.
The changes in zoning on property in the area of the request and
the resulting development of the property with Recreational
Vehicle and "Boat Storage facilities along with the service station
~nd car wash have realistically cut the two (2) tracts under
consideration off from the remaining R-3 zoned land. Previous
rezonings and sales by the landowner have created a boundary
condition of R-3 against N.C. on three (3) sides. This situation
may make it more difficul t to develop as a R-3. High Density
Residential Project.
On Septembe r 6, 1988, Mr. Ca rl Fe rguson , Pres ident of the
Home Owners Association. forwarded to the City Secretary, a
petitiQn in opposition to the Zone Change Request. Staff is
rev iewing the peti t ion to dete rmine if it conta ins suffic ient
signatures to require a 3/4 vote of the City Council to approve of
the request as stipulated in Section 1-507.7 of our Zoning
Ordinance.
Staff does feel there is sufficient information to warrant
consideration for a change in zoning classification.
Recommendation:
The Planning and Zoning Commission recommends approval of the
reque~t for Neighborhood Commercial (N.C.) zoning on the 6.5279
acre tract.
Action Required bY Council:
1. Approve the request (depending on validation of petition may
require affirmative vote of seven (7) members of the City
Council).
2. Deny the request.
3. Table the decision and continue the discussion
at a later meeting.
Availability of Funds:
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
Funds Available:
YES
NO
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PETITION
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WHEREAS, a master plan has been adopted by the City of La Porte to
insure a planned development of its natural land resources with
quality of life a major goal, and
WHEREAS, this goal is being and will continue to be accomplished
through diligent enforcement of zoning ordinances, and
WHEREAS, the design of this master plan was placed in effect after
careful research and great expense, and
WHEREAS, the creators of this master plan deemed certain areas
restrictive to commercial zoning, and
WHEREAS, a certain boat storage facility has been constructed at the
9800 block of Fairmont Parkway to serve this community under a
conditional use permit within a neighborhood commercial zone, and
WHEREAS, the conditions of this permit have not been adhered to by
the operator and this facility is not limited to neighborhood use as
described in the La Porte Zoning Ordinance, then
LET ALL MEN KNOW BY THESE PRESENTS
That we, the undersigned residents of Fairmont Park West, do
individually and collectively oppose the granting of a conditional
use permit currently before the City Council of the City of La Porte,
to wit:
conditional use permit request number 88-011 by J.P. Jackson, and
Fairmont Park Joint Venture to allow construction of a boat/RV
storage facility to be developed in three phases to be located
on a 2.0279 acre tract of the W.M. Jones survey abstract 482.
and hereby make public notice of our opposition and respectfully ask
the City Council of the City of La Porte to deny this rezoning
request by the affixing of our signatures to this petition.
RESPECTFULL Y SUBM I TTED BY (PET I T I ONER): (! ~ F ~
DATE NAME ~ ;I." i ~ ADDRESS VOTER OWN
~L' ~ . /J? REG.:1:f l..ilJME?
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Page 2 of 2
26 Lines
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CITY OF LA PORTE
1ft
PHONE (713) 471.5020 . P. O. Box 1115 . LA PORTE. TEXAS 77571
August 30, 1988
Honorable Mayor Norman Malone & City Council
P. O. Box 1115
La Porte, Texas 77571
RE: Rezoning Request 88-003
Dear Mayor Malone,
The Planning & Zoning Commission at our August 25, 1988 Public
Hearing and Regular Meeting, was scheduled to consider Rezoning
Request No. 88-003. This request filed by Fairmont Park Joint Venture
and Mr. J. P. Jackson for a rezoning from R-3 High Density Residential
to N. C. Neighborhood Commercial, concerned a 6.5279 acre tract of the
W. M. Jones Survey Abstract 482.
The Commission, in our August 25, 1988 Public Hearing and Regular
Meeting, considered this requf'st and received the public input and
Staff's report. The Commission met on August 30, 1988 to consider a
recommendation to the City Council on Request No. 88-003. The
Commission recommended in a unanimous vote to grant a rezoning of
these tracts to Neighborhood Commercial as requested.
R~:JIX:~
J~e-t Graves,
Chairman, Planning & Zoning Commission
JG/nd
cc: Robert T. Herrera, City Manager
John Joerns, Assistant City Manager
Joel H. Albrecht, Director of community Development
John Armstrong, Assistant City Attorney
< .
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Aoolication: No. 88-003
Tvpe of Reauest: Rezoning from R-3, High Density Residential to
N.C., Neighborhood Commercial
Reauested For: A 6.5279 acre tract of the W. M. Jones Survey,
Abstract 482 (Meets and Bounds description
attached, see Exhibit A). Located at 9800/
9900 Block of West Fairmont Parkway (See
Exhibit B).
Requested By: Fairmont Park Joint Venture & Mr. J. P. Jackson
Backr.:round:
This rezoning request i~ in an area where several changes in the
zoning on property have taken place in the past twenty (20) months, or
since the adoption of Ordinance No. 1501.
The initial change in the zoning took place on August 10, 1987
ltJhen the C it y Cou nc il re zoned a sma II tract of land to Ne ighborhood
Commerc ial and issued a Spec ia 1 Cond it iona 1 Use perm it for
Recreational Vehicle and Boat Storage. The action of the City Council
left an "island" of Neighborhood Commercial (N.C.) zoning with a tract
of land occupied by a Gulf service station and a car wash, 'zoned High
Density Residential (R-3), lyj.ng bebTeen the approved Recreational
Vehicle and Boat Storage facility and Fairmont Parkway.
The tract of land, with its legal non-conforming use, was rezoned
from High Den s i ty Res ielent ial (R- 3) to Ne ighborhood Commerc ia I (U. C. )
dur'ing the first rev iev! of the zon ing orel inane e and zon ing map . At
the same time the zoning on another small tract of land located
immediately west of the Gulf service station and car wash was rezoned
from High Density Residential (R-3) to Neighborhood Commercial
(N.C.). This was done to eliminate an island of Neighborhood
Commercial (N.C.) surrounded by High Den~ity Residential (R-3) and to
connect the Neighborhood Commercial (N.C.) zoned property to the
remaining N.C. zoned property that extended to Underwood Road.
The next activity included a request to change a 13.52 acre tract
to General Commercial (G.C.). The tract of land included land
starting at the east side of the Gulf service station and extending
west to Unden-iood Road and north to the Fairmont Park subdivision.
This reque st wa s amended to inc 1 ud e a n add it ional 4.5 ac re trac t of
land located east of the Gulf service station and extending east to
Reid Elementary school.
The request for the entire 18.02 acres was reviewed by the City
Council at their meeting dated August 8, 1988. At that time the City
Council denied the request for General Commercial (G.C.) zoning.
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F.P.J.V. & Jackson Rezoning Con't....
Page 2
The tract being considered for rezoning includes 2.0279 acr'es
intended for an expansion of Hr. Jackson's Recr"eational Vehicle and
Boat storage facility. A Speci.al Conditional Use (S.C.U.) Per'mit
application to permit this expansion has been filed. This S.C.U.
Permit application cannot be considered unless the requested rezoning
is granted. The applicants propose a professional office use for the
remaining 4.50 acres (See Exhibit A).
Analysis:
In considering a rezoning request, the Commission is charged to
consider the following questions:
1. Is this request in co'nformance with the intent of
the City's Comprehensive Plan?
2. If the request is not in conformance with the Compre-
hensive Plan's intent, have there been sufficient
changes in the circumstances surrounding the tract
in question to warrant a change in the Plan?
In considering the first question, the City's Land Use Map
indicates a mixed use for this area (see Exhibit C).
The application, if approved, eliminates the R-3 zoning adjacent
to the elementary school but retains the R-3 zoning extending westward
to Underwood Road.
In considering Mr. Jackson's initial rezoning request (ff1501-A),
the City Council expressed concern that the integrity of the remaining
R- 3 trac t be preserved and the rezon ing not be u sed as a 11 stepp ing
stone" to future rezonings that would further reduce the remaining R-3
tract (Minutes of City Council Public Hearing, August 10, 1987,
Exhibit D).
The integrity of the remalnlng R-3 tract would be preserved
although the applicant has expressed a desire to consider rezoning the
remaining R-3 land to some form of commercial zoning in the future.
In considering the second question, as to whether a change to the
Comprehensive Plan is warranted, a revie\v of the applicants'
development sketch plan is in order.
The development sketch plan submitted with the application
proposes to continue the expclnsion of the Recreational Vehicle and
Boat Storage facility in phases and doesn't speak to the development
of the 4.50 acre tract to the east except that the best and proposed
use 1s that of professional offices. Currently there are no plans for
develop~ent of the site.
The recent zoning changes in the general area of this request and
the resulting development does change the Land Use conditions that
existed at the time the Comprehensive Plan was developed.
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F.P.J.V. & Jackson Rezoning Con't....
Page 3
Conclus5_on:
The changes in zoning on property in the area of the request and
the resulting development of the property with Recreational Vehicle
and Boat Stol~age facilities along with the service station and car
wash have realistically cut the two (2) tracts under consideration off
ft'om the remaining R-3 zoned land. Previous rezonings and sales by
the landowner have created a boundary condition of R-3 against N.C. on
three (3) sides. This situation may make it more difficult to attract
a quality R-3 project.
Staff does feel there is sufficient ,information to warrant
consideration for a change in zoning classific~tion.
Recommendation:
Approval of the request for Neighborhood Commercial (N.C.) zoning
on the 6.5279 acre tract.
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PLAT OF
"8.02 ACRE TRACT
W. M. JONES SURVEY,Ao482
HARRIS COUNTY. LA PORTE. TEXAS
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NEI GIDRflXD CD\1\1ERCIAL
ZCNIKG ~. H.l~JEST FUR 6.5 AmES
August 9, 1988
Fail'lOOnt Park Joint Venture and J. P. Jackson hereby requests a
zone change from Residential 3 to Neighborhood COmmercial on the 6.5279
acres in the Willimn Jones Survey, Abstract 482 as described by metes
and bounds on Exhibi t "A" attached hereto and shown on the plat attached
hereto as Exhibit "B".
The location of this acreage and the surrounding land uses support
the Neighborhood Commercial zoning of this tract.
2 .0279 AmES oor OF TRACT 1
Tract 1 contains approximately 3.8462 acres, out of which 1. 8183
acres is current ly zoned as Neighborhood Commercial as shown on the
attached plat. The remaining 2.0279 acres in Tract 1 is shown on the
plat as Phases II, III, and IV. This acreage is zoned Residential 3 and
we hereby request the rezoning of the 2.0279 acres to Neighborhood
Commercial to be used as expansion phases of J. P. Jackson's Boat and
Recreational Vehicle Storage Facility.
','
J .P. JA~'S BUSINESSES ZCNED NEIGroRH:XD a:M\1ERCIAL:
J. P.'S Service Center occupies .6440 acres of this tract with 140
feet of frontage on Fail'lOOnt Parkway. J.P. Jackson's Boat Storage
facility lies adjacent to the Service Center to the North and occupies
.5303 acre of this tract. Both of these tracts are zoned Neighborhood
COmmercial.
J.P.'S Service Center and J.P. Jackson's Boat Storage facility are
successful snaIl business operat ions providing the surrounding
residential area wi th the following services: car wash, convenience
store, boat storage, U-Haul rental, propane, feed, pool supplies and
dr:aperies. The success of Mr. Jackson's operat ions prove that the
residents of the area need these services.
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EXPANSICN OF mAT S'l.tEAGE:
Mr. Jackson's existing Boat Storage facility is full and he has
contracted with Fainnont Park Joint Venture to purchase the .5303 acres
west of original Boat Storage for expansion of the Boat Storage
operation as shown on the attached plat as Phase II. Mr. Jackson has
taken deposits for the new facility and has area residents signed up and
waiting for construction. Carl Ferguson, President of the Fainnont Park
West Homes Association agrees that the neighborhood needs the Boat
Storage. The homes associ at ion enforces the deed restrictions which
prevent home owners. from parking boats and recreational vehicles in
their driveways. The association has taken legal action against
homeowners violating these provisions of the deed restrictions.
Further, if the need in the area will support future expansion, Mr.
Jackson hopes to build additional Boat and Recreational Vehicle Storage
on Phases III and IV as shown on the attached plat.
TIMlOO IS CRITICAL FOR EXPANSICN:
Mr. Jackson needs to proceed with construction of the Boat Storage
expansion very soon. His financial arrangements for the purchase have
been made and the bui lding contract has been arranged. Further, the
customers he is plarming to serve urgently need the faci Ii ty. The
approval process required by this amended rezoning request has put even
greater time constraints on Mr. Jackson's project.
RECXlY.MENDATICN OF LAND PLANNER
Calvin Powitzky, Land Planner, recommends that the Boat Storage,
Phase II, be expanded to the west of Phase I as requested herein and
shown on the attached plat. Mr. Powitzky recommends that future
expansions of the Boat Storage for Phases III and IV should be made to
the North of Phases I and II. Mr. Powitzky feels that this
concentration of J. P. Jackson's businesses creates the best utilization
of the land and provides the greatest development design potential for
the surrounding acreage.
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BQIT AND RV SIDRAGE AS NEIGIOORHXD CX:rI'MERCIAL:
Our understanding is that Boat Storage may be a Neighborhood
Commercial use with.a Conditional Use Pennit. Further, at the time when
the existing Boat Storage was approved at City Council, the LaPorte City
Staff stated that "Staff can support Boat Storage as Neighborhood
Comnercial wi th "Conditional Use Penni t.... which would require fencing
or screening." (August 10, 1987)
PROIDSED HARI:WARE S'IDRE:
Mr. Jackson has been doing feasibility plarming for the
construction of a hardware store to be located in Tract 1, adjacent to
J. P.'s Service Center. This proposed hardware store would have access
to Fainnont Parkway.
CENIRALI ZED l'MNAGFMENT:
The advantage of grouping business operations like Mr. Jackson
plans to do wi th the Tract 1 acreage is that he can use centralized
management controls and cross checks to promote healthy, successful and
well-run businesses. Also the custaners generated by one business
create customers for the others.
EXISTING UTILITIES SERVING J. P. JAa<scN'S BUSINESSES:
A 12" waterl ine and 8" sani tary sewer line 1 ie along the Fainnont
Parkway frontage of Tract 1. The 8" waterline at Cedannont could be
extended a very short distance to serve the northern portion of Tract 1.
Also, an 8" inch sanitary sewer lies along the north property line of
Tract 1 can be used to serve this area, if needed. The tract is served
by a stonn sewer as shown on the attached plat. Waterlines are adequate
to provide for fire protection.
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TRACT 2 - 4.5 ACRES
Neighborhood Commercial This tract has 4.5 acres with
approximately 325 feet of frontage along Fainnont Parkway. The tract is
located adjacent to Jennie Reid Elementary School.
.!
RECXMVJENDATICN OF lAND PlANNER - NEICffi.lJRHXD CX1VMERCIAL:
Calvin Powi tzky, Land Plarmer, reconmends that this tract be
developed as Neighborhood Commercial as a professional complex of
'individually owned office buildings such as medicine, insurance,
accounting, law, or data processing. The development might also occur
as a professional building containing various medical and professional
services.
ACCESS 1D PROIDSED PROFESSIaw.. CXlVIPLEX OR BUILDING:
Access to this tract is provided from Fainnont Parkway. ~pending
on the final plan for this tract being the development of a business
park or a medical and professional building, the entrances and exi ts
could be kept to a minimum.
'UTILITIES KR PROIDSED PROFESSIaw.. CXlVIPLEX OR BUILDING:
A 12" waterline and a 10" sani tary sewer line lie along the
Fainnont Parkway frontage of this tract. A 8" sani tary sewer 1 ine 1 ies
along the north property line of the tract.
I..CX;ATICN OF PROIDSED NEIG-IOORHXD CX1VMERCIAL
This tract is well suited for Neighborhood Commercial in that it is
located adjacent to Jennie Reid Elementary School and the types of uses
permissible in Neighborhood Conmercial are very coopatible wi th the
location adjacent to the school. Also, the Neighborhood Commercial
Zoning would be coopatible with the uses located in Tract 1.
97FPJV02080988
E)(Hi~. T '/-1"
. e b.5303 ACHE THACT e
OUT OF THE
W. M. JONES SURVEY, A-482
HARRIS COUNTY, TEXAS
Being a 0.5303 acre (23,100 square feet) tract of land
located in the W. M. Jones Survey, A-482; said tract being based
on mathematical calculations and not surveyed on the ground is
more particularly described by metes and bounds as follows:
Beginning at the Northwest corner of that certain 0.6440
acre tract of land conveyed by Texas Commerce Bank-Pasadena to
J. P. Jackson according to the instrument recorded under Harris
County Clerk's File Number K 465917.
Thence. West; coincident with the centerline of a proposed
10.00 feet wide drainage easement; a distance of 140.00 feet to a
point for the Southwest corner of this 0.5303 acre tract.
Thence, .North 0 degrees 06 minutes 10 seconds West; a
distance of 16~.OO feet to a point for the Northwest corner.
'1"
Thence, East a distance of 140.00 feet to a point for the
Northeast corner of this tract.
Thence. South 0 degrees 06 minutes 10 seconds East;
coincident with the West boundary line of a called 0.5303 acre
tract conveyed to J. P. Jackson in 1987; a dist~nce of.165.00
feet to the POINT OF BEGINNING. .
~~~
TEXAS REGISTERED PUBLIC SURVEYOR NO. 2021
DtTE: JUNE 6. 1988
JOB .NO: 2205-88
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PHASE III
0.7488 ACRE TRACT
OUT OF THE
W. M. JONES SURVEY, A-482
HARRIS COUNTY, TEXAS
Being a 0.7488 acre tract of land located in the W. M. Jones
Survey. A-482. La Porte. Harris County, Texas. The 13.52 acre
tract of land as determined by mathematical calculations and not
surveyed on the ground is more particularly described by metes
and bounds as follows:
Commencing at the Northwest corner of that certain 0.6440
acre tract of land conveyed by Texas Commerce Bank-Pasadena to
J. P. Jackson according to the instrument recorded under Harris
County Clerk's File Number K 465917.
"
....
Thence, North o degrees 06 minutes 10 seconds West; a
distance of 165.00 feet to a point for the Southeast corner of
this 0.7488 acre tract an~ the POINT OF BEGINNING.
Thence, West a distance of 140.00 feet to a point for the
Southwest corner.
"
Thence, North 0 degrees 06 minutes 10 seconds West; a
distance of 232.98 feet to a point for, the Northwest corner of
this tract; said point being coincident with the South boundary
line. of Block 40. Fairmont Park.West, Section Four as recorded in
Volume 284, Page 93 of the Harris County Map Records.
Thence, East; coincident with the South boundary line of
Fairmont Park West, Section Four; a distance of 140.00 feet to a
point for the Northeast corner of this tract.
Thence, South 0 degrees 06 minutes 10 seconds East; a
distance of 232.98 feet to the POINT OF BEGINNING.
JAMES F. BECK
TEXAS REGISTERED PUBLIC SURVEYOR NO. 2021
DATE: AUGUST 2, 1988
JOB NO: 2222-88
~ . .
E:::.XH ('\:S~ I 'It (.
PHASE IV
0.7488 ACRE TRACT
OUT OF THE
W. M. JONES SURVEY, A-482
HARRIS COUNTY, TEXAS
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Being a 0.7488 acre tract of land located in the W. M. Jones
Survey, A-482, La Porte, Harris County, Texas. The 13.52 acre
tract of,~and as determined by mathematical calculations and not
surveyed on the ground is more particularly described by metes
and bounds as follows:
Commencing at the Northwest corner of that certain 0.6440
acre tract of land conveyed by Texas Commerce Bank-Pasadena to
J. P. Jackson according. to the instrument recorded under Harris
County Clerk's File Number K 465917.
Thence,North 0 degrees 06 minutes 10 seconds West; a
distange of 165.00 feet to a point for the Southwest corner of
this 0.7488 acre tract and the POINT OF BEGINNING.
Th~nce, North 0 degrees 06 minutes 10 seconds West; a
distance of 232.98 feet to a point for the Northwest corner of
. this tract; said point being coincident with the South boundary
line of Block 40, Fairmont Park West, Section Four as recorded in
Volume 284, Page 93 of the Harris County Map Records.
. Thence, East; coincident with the South boundary line of
Fairmont Park West, Section Four; a distance of 140.00 feet to a
point for the Northeast corner of this tract.
Thence, South 0 degrees 06 minutes 10 seconds East; a
distance of 232.98 feet to a point for the Southeast corner of
this tract.
Thence, West a distance of 140.00 feet to the POINT OF
BEGINNING.
~~4/
V~~~ ~. BECK
TEXAS REGISTERED PUBLIC SURVEYOR NO. 2021
DATE: AUGUST 2, 1988
JOB NO: 2222-88
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EXHIBIT "A"
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Being a'4.500 acre (196,020 Bq.ft.) tract of land located in the W.M.
Jones Survey ~ A-482, Barris Connty, Texas. according to the Burvey performed
by H. Carlos Smith, Engineers & Surveyors. Inc. on November 4 thru 6. 1982.
. .
The 4.500 acre ,tract of land is out of a 186.689 tract of land shown as Tract
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. ;., ..3 on Burv,e'y.~p. No. '23.44. of a Bu~ey as performed by Shaner. Hicks and Cherry,
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::. ,;.. da~e~ ~ecemb'e:r ::3~.'~19?.3. 'The '.4.500' acre tract is described by. metes and bounds
as .follows. ... :':' .:...... . .
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, Connnencing at . the ''Point .of intersection of the North right-of~way line
... .. .... ~ " , . .
of Fl;linnont "l'.arkway '.(250 ..feet -wide) and the West' right-of-way line of a 150
'foot -wide Harris County l"lood Control Drainage right-of-way as recorded in
Volume 4866"l'age .~60. Harris County Deed Records;
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. Thence, S 890 :53' 16" W; coincident with the North right-of-way line
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of Fairmont ~arkway; passing at 726.75 feet the most Westerly Southeast property
corne;r :of ..t.he.afo~ement~oned:l.86.689 acre tract; II total distance of 1,949.97
feet t.o a. 3/~ inc~':i~on .,rod' set for the Southeast corner of this 4.500 acre
tract; said 'poin~"being .the .:FOINT OF BEGINNING;
, .
, Thence, '.S '890 .53'.16"W; coincident -with the North right-of-way line
of Fairmont:l'arkway; a distance of 324.23 f~et to a 5/8 inch iron rod set
~or~he Southwest corner of this 4.500 acre tract;
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Thence,'N 00 06' '10" W. a distance of 597.98 feet to a 5/8 inch iron
rod set for corner;..said point being coincident ""ith the South boundary line
. . .
of Fairmont "Park :Fest. . Section 4. according .to the plat filed for record
in Volume 284. "Page 93 of the Harris County Map Records;
Thence, East; coincident -with the South boundary line of Fairmont Park
West. Section 4; a distance of 65.78 feet to n 5/8 inch iron ~od found for
corner.
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,Thence, N 86D 10' .L; coincident with the South boundary line of Fairmont
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~ark"West, Section 4~ passing,at 54.50 feet a 5/8 inch iron rod; passing
at 117.35 feet a 5/8 mch, :tron rod; passing at 180.18 feet II 5/B inch iron
rod; passing at 24J.13 feet a 5/8 inch iron rod; for a total distance of
253.18 feet to a 5/8 inch iron rod found for corner. '
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Then~e, N 78D 30" E;
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: :Park 'West, ,Section 4; :for
cor~er.ofthi~ 4.500 a~re
coincident with the South boundary line of Fairmont
a distance of 5.93 feet to a point for the Northeast
tract.
Thence. .s OD 06' 10" E; coincident with the West boundary line of that
' ,
certain 10.000 acre tract of land conveyed, by Eddie V. Gray, ,Trustee and
G. Decker McKim, Trustee to La Porte Independent School District as evidenced
by the deed recorded under Barris County Clerk's Film Code No. 132-90-0768;
a distance of 615.45 feet to the POINT OF BEGINNING.
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EXHIBIT B
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PUBLIC USES
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LOW DENSITY RESIDENTIAL USES
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MID TO HIGH DENSITY RESIDENTIAL.
COMMERCIAL USES
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COMMERCIAL INDUSTRIAL USES
INDUSTRIAL USES
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EXHIBIT C
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CITY OF LA PORTE
T,.!1l\lD riSE PLAN
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EXCERPTED TRANSCRIPT OF PUBLIC HEARING AND REGULAR MEETING
OF LA PORTE CITY COUNCIL
AUGUST 10, 1987
Councilperson Llovd: I guess I would like to address "'-that same
question to Mr. Paulissen. Boat storage, my understanding, is not
covered in any of the classifications. At least this is my read ing
from way back when. Where does it best fit? Would it best fit in a,'
neighborhood commercial with conditions or do you put that in
industrial or where?
David Paulissen. Buildin~ Official: Okay, a~ this point I feel like
Staff can support the neighborhood commercia! with conditional use in
the use tables. Again keeping in mind what the conditional use is
designed to do is to .... Again a conditional use permit impac'ts a
zone more substantially than just, a permittid use unless you and the
Plann ing and Zon ing Commiss ion rev iew each of those. uses before it
goes in. I think that you have a good boat storage facility and then
you have the'norm. and I think what we're interested in is getting a
good boat storage facility and I think Staff can support neighborhood
commercial with a conditional use in the use table which would require
fencing or screening. It would also require that the parking lot be
surfaced to control dust and all light sources are hooded from the
surrounding neighborhood and that sort of thing. Again, based on what
Planning and Zoning had to go on and the fact at the time, Staff had
to concur with Planning and Zoning at the time. The developer has
done a considerable amount of homeHork and at this point the facts
that were presented tonight were not presented to the Planning and
Zoning Commission. In 1 ight of that, we can support Neighborhood
Commercial with a Conditional Use.
Councilperson Llovd: David, I probably ought to say I shouldn't put
you on the spot, but I enjoyed it.
Counc il person Matuszak: - I have one further question to Mr. Gray or
Janet, one of them. Which is a concern on my part. Will the removal
of this particular tract make the R-3 of the remaining part of that
tract any less useable or workable?
Eddie Gray: We considered that. I think there is enough depth on the
north side of this ~ract on up to the north boundary so that the R-3
use starting down at Fairmont Park with a nice entrance, off of -that,
could come up and wrap around this without distracting from the use of
the R-3. It's still separated from all the rest of the property by an
R-3 area. I don't know that this boat storage should affect the R-1
area just north of the R-3. ..
"
Councilperson Matuszak: So in effect this wouldn't be, this
particular rezoning wouldn't be used as a stepping stone to the next
one, so to speak, for further rezoning of this R-3 property as it gets
smaller. I think you've answered my question.
EXHIBIT D
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Transcript 8/10/81 pg. 2
Co_uncilperson Porter: I have one question about, we're referring to
boa t storage, is it not go ing to be available for RV storage or is
that intended or are we excluding something?
D a v i d P a u lis s en. B u i.1 din ~ 0 f f i cia 1 : At t his poi nt, I t h trl kwh at the
ordinance says is watercraft and other recreational vehicles.
Co~n~jlP.erSlLQ_-E9rter: Mayor, I' would like to have the motion
re-stated. Are we, was the motion made for GC or NC?
C~~nciJ~erson Skelton:
NC with conditional.
.G..li.L_AJ~_t..Q.rlLuJ_s.ki..M :
Vote on amendment first.
,
Mavor MalQD~: Amendment changing to Neighborhood Commercial. All in
favor, no opposed.
~oulL~ilD~~__M~_~~gk: Neighborhood Commercial with the Conditional
Use Permit. Is that the proper way that should read.
11llor Malone: Called for adoption of the ordinance as amended.
Motion by Councilperson Porter and seconded by Councilperson Lloyd
All in favor, no opposed.
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EXH1B'T D
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REQUEST "R CITY COUNCIL AGENDA ITEMtt
Agenda Date Requested: September 12,1g88
Requested By: Joel H. Albrecht Department: Comm. Development
x Report Resolution Ordinance
Exhibits: 1)
2)
3)
4)
Transmittal letter from Planning & Zoning Commission
~taff Report as presented to Planning & Zoning on
August ,25, 1988
Petition in opposition to request for Special
Conditional Use Permit
Special Conditional Use Permit
SUMMARY & RECOMMENDATION
Application: #88-011
TY~e of Request: Special Conditional Use Permit
Requested For: 2.0279 Acre tract of W. M. Jones Survey Abstract
482" (complete meet and bounds desc ription
attached, see Exhibit A). Located at 9900 Block
West Fairmont Parkway (See Exhibit B).
Requested By: Fairmont Park Joint Venture & Mr. J. P. Jackson
Zoning: R-3, High Density Residential
Background:
,This request is being filed in conjunction with rezoning
reque~t #88-003. The tracts in question are located adjacent to
Mr. Jackson's existing boat/RV storage facility. He is proposing
the same use for these tracts, with the new facility to be
developed in three (3) phases.
City Council, during their public hearing and regular meeting
of August 10, 1987 determined boat/RV storage to be an acceptable
Neighborhood Commercial (N.C.) with a Special Conditional Use
permit.
On September 6, 1988, Mr. Ca rl Fe rguson , Pres ident of the
HomeOwners Association,,. forwarded to the City Secretary, a
petition in opposition to the Special Cond i tionalUse Request.
Staff is reviewing the petition to determine if it contains
sufficient signatures to require a 3/4 vote of the City Council to
approve of the request as stipulated in Section 11-507.7 of our
Zoning Ordinance.
Recommendation:
The Planning & Zoning Commission recommends the granting of
thisSpeci.1 Conditional Use Permit subject to the following
condit'ions:
1. The facility be screened in accordance with the
requirements of Section 6-600 A as specified in
the analysis section of this report.
2. The landscape buffer developed to separate this
facility from adjacent properties shall consist of
shrubbery a minimum of four feet (4') tall after
planting and be spaced so to create a solid wall
of landscape.
3. Limit the Special Conditional Use permit to the
parking of' recreational vehicles and boats only.
4. The landscape buffer shall not be placed on any
easement.
5. Loud Speakers shall not be used on premises.
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Action Required bv Council:
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1. Approve the request (depending on validation of petition
may require an affirmative vote of seven (7) members of
the City Council).
2. Deny the request.
3. Table the decision and continue the discussion at a
later meeting.
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DA E
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CITY OF LA PORTE
PHONE (713) 471.5020 . P. O. Box 1115 . LA PORTE. TEXAS 77571
August 30, 1988
Honorable Mayor Norman Malone & City Council
P. O. Box 1115
La Porte, Texas 77571
RE: Special Conditional Use Permit Request 88-011
Dear Mayor Malone,
The Planning & Zoning Commission at our August 25, 1988 Public
Hearing and Regular Meeting, was scheduled to consider a Special
Conditional Use Permit Request No. 88-011. This request has been
filed in conjunction with a rezoning request. The application, which
has been filed by Fairmont Park Joint Venture and J. P. Jackson, is
requesting a zone change to Neighborhood Commercial for both these
tracts and the adjacent property lying to the East. The suitability
of Mr. Jackson' s pl~operty for a special conditional use permit is.
contingent on the requested rezoning being granted.
The Commission, in our August 25, 1988 Public Hearing and Regular
Meeting, considered this request and received the public input and
Staff's report. The Commission met on August 30, 1988 to consider a
recommendation to the City Council on Request No. 88-011. The
Commission recommended in a unanimous vote to grant a Special
Conditional Use Permit as requested with the following conditions:
--1-: The facility be screened in accordance with the requirements
of Section 6-600 A.
2. The landscape buffer developed to separate this facility from
adjacent properties shall consist of shrubbery a minimum of
four feet (4') tall after planting and be spaced so to create
a solid wall of landscape.
3. Limit the Special Conditional Use Permit to the parking of
recreational vehicles and boats only.
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Page 2
4. The landscape buffer shall not be placed on any easement.
5. Loud speakers shall not be used on premises.
Respectfully su~1tted,
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Ja t Graves
Cha rman, Planning & Zoning Commission
JG/nd
cc: Robert T. Herrera, City Manager
John Joerns, Assistant City Manager
Joel H. Albrecht, Director of Community Development
John Armstrong, Assistant City Attorney
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Application: #88-011
Type of Reauest:
Special Conditional Use Permit
Requested For:
2.0279 Acre tract of W.M.
(complete meet and bounds
Exhibit A). Located at
Parkway (see Exhibit B).
Jones Survey Abstract-482
description attached, see
9900 Block W. Fairmont
Requested By:
Fairmont Park Joint Venture & Mr. J. P. Jackson
Zoning:
R-3, High Density Residential
Background:
This request is being filed in conjunction with rezoning request
#88-003. The tracts in question are located adjacent to Mr. Jackson's
existing boat/RV storage facility (See Exhibit B). He is proposing
the same use for these tracts, with the new facility to be developed
in three (3) phases.
City Council, during their public hearing and regular meeting of
August 10, 1987 determined boat/RV storage to be an acceptable
Neighborhood Commercial (N.C.) with a special conditional use.
Analysis:
As noted above, this request has been filed in conjunction with a
rezoning request. The application, which has been filed by Fairmont
Park Joint Venture and J.P. Jackson, is requesting a zone change to
Neighborhood Commercial for both these tracts and the adjacent
property lying to the west. The suitability of Mr. Jackson's property
for a special conditional use permit is contingent on the requested
rezoning being granted.
Section 10-202 of the Zoning Ordinance sets the following
prerequisite requirements for the granting of a Special Conditional
Use Permit.
1. That the use be compatible with...and not significantly
diminish or impair [the value of] property within the
immediate vicinity.
2. That the conditions placed on such use as specified in each
district have been met by the applicant.
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3. That the applicant has agreed to meet any additional
condi tions imposed, based on speci fic site constra ints, and
necessary to protect the pUblic interest and welfare of the
community.
Further, it should be noted that as this facility is to be
developed in phases, Section 10-201 (4) states "Fa ilure to begin
construction within one (1) year after issuance or as scheduled under
the terms of a special conditional use permit shall void the permit as
approved, except upon an extension of time granted after application
to the Planning and Zoning Commission. If construction is terminated
after the completion of any stage and there is ample evidence that
further development is not contemplated, the ordinance establishing
such Special Conditional Use Permit may be rescinded by the City
Council, upon its own motion or upon the recommendation of the
Planning and Zoning Commission of the City of La Porte, and the
previous zoning of the entire tract shall be in full effect on the
portion which is undeveloped."
Mr. Jackson, at his existing boat/R.V. storage facility, makes use
of both interior and exterior storage. As it is reasonable to expect
similar uses to occur at the proposed facility, screening requirements
should be applied in this instance as well. Section 6-600 A
establishes the following criteria for required screening.
A planting strip shall consist of evergreen groundcover, and
shall be of sufficient width and density to provide an
effective screen. The planting strip shall contain no
structures or other use. Such planting strip shall not be
less than six feet (6') in height. Earth mounding or berms
may be used, but shall not be used to achieve more than two
feet (2') of the required screen.
Width of planting strip: Four feet (4').
Type of planting: Evergreen.
Size of plants: Minimum height of four feet (4') at time
of planting. Must reach a height of six
feet (6') within two years.
Planting density: Such that within two years of normal
growth, a solid screen will be formed to
a height of at least six feet (6') above
adjacent grade.
Additionally, as the tracts proposed for phases three (3) and four
(4) of this facility directly abut developed residential property,
(See Exhibit B) a landscaped buffer is warranted in order to separate
the storage facility from the adjoining homes. This landscaped buffer
will reduce some noise pollution and also reduce the visual effect
from the parking of the recreational vehicles and boats. Staff would
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recommend a planting buffer consisting of photinia, wax leaf
lugustrum, oleander or a similar plant rather than pampas grass. The
plants should be spaced in such a manner to provide a solid buffer.
The landscape buffer shall not be placed on any utility easement.
Restrictions should be placed to limit the property for the storage of
the recreational vehicles and boats only with no servicing or repair
of the vehicles taking place.
Conclusion:
Subject to the granting of Rezoning request 88-003, this request
meets the prerequisite requirements for the granting of a Special
Conditional Use Permit.
Recommendation:
Grant this Special Conditional Use Permit subject to the following
conditions.
1. The facility be screened in accordance with the requirements
of Section 6-600 A as specified in the analysis section of
this report.
2. The landscape buffer developed to separate this facility from
adjacent homesites shall consist of shrubbery a minimum of
four feet (4') tall after planting and be spaced so to create
a solid wall of landscape.
3 . Limit the Special Conditional Use permit to the parking of
recreational vehicles and boats only.
4. The landscape buffer shall not be placed on any easement.
.,
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CITY OF LA PORTE
,
R E eEl V E D @ /1;'::0 ifM
fd 2;Jji
AUCi 9 1988
PERl-lIT CODE ENFORCEMENT
APPLICATION FOR
SPECIAL CONDITIONAL USE
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Rece ipt No.: ,Z;-17~
Certified Plans Submitted:
( ) General Plan () Major Development Site Plan
( ) Minor Development Site Plan () Preliminary Plat
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Person Baking Request: ~ ...p...-.l fTcJ::~ ~. Rt, ~t- p~j.::-------
...Jo.l-NT \J e--'v ,( <.11~
Hailing Address: )p;-u .~)( bSg ,~aL! 'fDtoJ\J~ ~ 77Sd~
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~Phone: 'f3-""d--3b77
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City/State:
BUSINESS NANE:
PROPERTY ADDRESS:
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~ .07)-71 Pre f?:e$ OJI''-. JatJes. ~VI-':~
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LEGAL DESCRIPTIO~:
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ZONE: ZorJoV ~J~e... f?i2t>e&.,.. N C- SIC USE CATEGORY: . __ .
TYPE OF BUSINESS: ~-r Sh>rje ~ t&:~-~L \JeJ~-""i>>r<lJ~
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__________~::e o'me~o-rize Agent
---------------:~~:::-:::-:::~~~. ~ ~;~------ -
Date of P & Z Publ_ic Hear' a.
- . ~no.
~/^-5/&'&"
,
Recommendation: Y or N
Date of City Council Meeting:
Approved: Y or N
Zone:
Thi~ application is:
Approved ( )
Permit fJ
Denied ( )
CLP JOB e
(If Assigned Yet)
Comments:
Zoning ^dministrator
Date
CED/1-'87
~ e::-'Y-fi ('Re T t> A ,. ~
~'.5303 ACRE TRACT ' ~
OUT OF. THE
W. M. JONES SURVEY, A-482
'HARRIS COUNTY, TEXAS
Being a 0.5303 acre (23,100 square feet) tract of land
located in the W. M. Jones Survey, A-482; said tract being based
on mathematical calculations and not surveyed on the ground is
more particularly described by metes and bounds as follows:
Beginning at the Northwest corner of that certain 0.6440
acre tract of land conveyed by Texas Commerce Bank-Rasadena to
J. P. Jackson according to the instrument recorded under Harris
County Clerk's File Number K 465917.
.,
,
Thence, West; coincident with the centerline of a proposed
10.00 feet wide drainage easement; a distance of 140.00 feet to a
point for the Southwest corner of this 0.5303 acre tract.
Thence, North 0 degrees 06 minutes 10 seconds West; a
distance of 165.00 feet to a point for the Northwest corner.
Thence, East a distance of 140.00 feet to a point for the
Northeast corner of this tract.
Thence, South 0 degrees 06 minutes 10 seconds East;
coincident with the West boundary line of a called 0.5303 acre
tract conveyed to J. P. Jackson in 1987; a dist~nce of.165.00
f,eet to the POINT OF BEGINNING.
~~~
TEXAS REGISTERED PUBLIC SURVEYOR NO. 2021
DtTE: JUNE 6, 1988
JOB .NO: 2205-88
:: .r.';';~:::~~!~?E;\
'. ." - ..
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EXHIBIT A
, CNii~;I"fl" ~
PHASE III
0.7488 ACRE TRACT
OUT OF THE
W. M. JONES SURVEY, A-482
HARRIS COUNTY, TEXAS
Being a 0.7488 acre tract of land located in the W. M. Jones
Survey, A-482, La Porte, Harris County, Texas. The 13.52 acre
tract of land as determined by mathematical calculations and not
surveyed on the ground is more particularly described by metes
and bounds as follows:
Commencing at the Northwest corner of that certain 0.6440
acre tract of land conveyed by Texas Commerce Bank-Pasadena to
J. P. Jackson according to the instrument recorded under Harris
County Clerk's File Number K 465917.
Thence, North 0 degrees"06 minutes 10 seconds West; a
distance of 165.00 feet to a point for the Southeast corner of
this 0.7488 acre tract and the POINT OF BEGINNING.
Thence, West a distance of 140.00 feet to a point for the
Southwest corner.
Thence, North 0 degrees 06 minutes 10 seconds West; a
distance of 232.98 feet to a point for. the Northwest corner of
this tract; said point being coincident with the South boundary
line of Block 40, Fairmont Park .West, Section Four as recorded in
Volume 284, Page 93 of the Harris County Map Records.
Thence, East; coincident with the South boundary line of
Fairmont Park West, Section Four; a distance of 140.00 feet to a
point for the Northeast corner of this tract.
Thence, South 0 degrees 06 minutes 10 seconds East; a
distance of 232.98 feet to the POINT OF BEGINNING.
~~
F. BECK
TEXAS REGISTERED PUBLIC SURVEYOR NO. 2021
DATE: -AUGUST 2, 1988
JOB NO: 2222-88
EXHiB\T A.
.
, . . E'f.,.t-\"l'\31 T l'~h .
PHASE IV
0.7488 ACRE TRACT
OUT OF THE
W. M. JONES SURVEY, A-482
HARRIS COUNTY, TEXAS
..
Being a 0.7488 acre tract of land located in the W. M. Jones
Survey, A-482, La Porte, Harris County, Texas. The 13.52 acre
tract of land as determined by mathematical calculations and not
surveyed' on the ground is more particularly described by metes
and bounds as follows:
Commencing at the Northwest corner of that certain 0.6440
acre tract of land conveyed by Texas Commerce Bank-Pasadena to
J. P. Jackson according to the instrument recorded under Harris
Cou.nty Clerk's File Number K 465917.
Thence, North 0 degrees'06 minutes 10 seconds West; a
distance of 165.00 feet to a point for the Southwest corner of
this 0.7488 acre tract and the POINT OF BEGINNING.
Thence, North 0 degrees 06 minutes 10 seconds West; a
distance of 232.98 feet to a point for the Northwest corner of
this tract; said point being coincident with the South boundary
line of Block 40, Fairmont Park West, Section Four as recorded in
Volume 284, Page 93 of the Harris County Map Records.
Thence, East; coincident with the South boundary line of
Fairmont Park West, Section Four; a distance of 140.00 feet to a
point for the Northeast corner of this tract.
Thence, South 0 degrees 06 minutes 10 seconds East; a
distance of 232.98 feet to a point for the Southeast corner of
this tract.
Thence, West a distance of 140.00 feet to the POINT OF
BEGINNING.
~~4/
V~~~ ~. BECr.
TEXAS REGISTERED PUBLIC SURVEYOR NO. 2021
DATE: AUGUST 2, 1988
JOB NO: 2222-88
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PETITION
WHEREAS, a master plan has been adopted by the City of La Porte to
insure a planned development of its natural land resources with
quality of life a major goal, and
WHEREAS, this goal is being and will continue to be accomplished
through diligent enforcement of zoning ordinances. and
WHEREAS, the design of this master plan was placed in effect after
careful research and great expense, and
WHEREAS, the creators of this master plan deemed certain areas
restrictive to commercial zoning, then
LET ALL MEN KNOW BY THESE PRESENTS
That we, the undersigned residents of Fairmont Park West, do
individually and collectively oppose the rezoning of the property
currently before the City Council of the City of La Porte, to wit:
rezoning request 88-003, by Fairmont Park Joint Venture and
J.P. Jackson. otherwise described as a 6.5279 acre tract of
the W.M. Jones survey abstract 482 from R-3 (high residential)
to NC (neighborhood commercial)
and hereby make public notice of our opposition and respectfully ask
the City Council of the City of La Porte to deny this rezoning
request by the affixing of our signatures to this petition.
RESPECTFULLY SUBMITTED BY (PETITIONER): (J~ F~
DATE ~. ~ ADDRESS VOTER. OWN
?/.fh . .. L. ~G.II HOME?
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Page 1 of 2 11 lines
e
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PETITIONER: {I~ ~
DATE NAME ~ ADDRESS VOTER OWN
~ . . REG.# HOME?
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Page 2 of 2
26 Lines
,
.
REOUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Requested By: Joel H.
September 12,1g88
Al b rec 9'0-lIO Dep a rtmen t :
V~Solution x
Comm. Development
x Report
Ordinance
Exhibits: 1)
2)
Transmittal letter from Planning & Zoning Commission
Staff's Report as presented to Planning & Zoning on
August 25, 1988
SUMMARY & RECOMMENDATION
McDonald's Corporation is requesting that the City's Zoning
Ordinance be amended to change the allowable height of
freestanding, on premise advertising signs, located in G.C. zones
from forty five (45') to seventy five (75') feet.
Commercial Use Table "B" of Section 10-1000, Ordinance 1501
restr~cts the height'of on premise freestanding advertising signs
(in both N.C. and G.C. zones) to forty five feet (45') as measured
from adjacent grade~ This corresponds with the maximum allowable
height for all other types of structures located in Neighborhood
Commercial (N.C.) and General Commercial (G.C.) zones.'
Recommendation:
The Pl'ilnning & Zoning Commission recommends an amendment to
the interim sign regulations to include a "Controlled Access
Highway Zone" for signs. The Commission recommends further that a
maximum height of sixty five feet (65') be considered and a width
of five hundred feet (500') along and parallel to each side of the
controlled access highway, as shown on the City of La Porte
Thoroughfare Plan, be considered as the limits of the Controlled
Access Highway Zone.
The Commission recommends the controlled access highway zone
to be added to the City of La Porte Land Use Map.
Action Required by Council:
1) Approve the request.
2) Deny the request.
3) Table the decision and continue the discussion at a
later meeting.
Availability of Funds:
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
Funds Avail~ble:
YES
NO
Approved for City Council Agenda
~J~ T;.~
Ro ert T. Herrera
City Manager
q-t?)<6~
DATE
,
.
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
)
)
)
NOTICE OF PUBLIC HEARING
In accordance with the provIsIons of Ordinance 1501, the
Zoning Ordinance of the City of La Porte, notice is hereby given
that the La Porte City Council will conduct a public hearing at
6:00 P.M. on the 12th day of September, 1988, in the Council
Chambers of the City Hall, 604 West Fairmont Parkway, La Porte,
Texas. The purpose of the Public Hearing is to consider amending
Section 10-1000 Commercial Use Table B of the City of La Porte
Zoning Ordinance, Ordinance 1501, to allow free-standing
on-premise signs with a maximum height of 75 feet above adjacent
grade in G.C. General Commercial zones.
A regular meeting will be held following the public hearing
for the purpose of acting upon the public hearing item and
conduct other matters pertaining to the City Council.
Citizens wishing to address the Council pro or con during
the Public Hearing will be required to sign in before the meeting
is convened.
CITY OF LA PORTE
Cherie Black
City Secretary
, CITY OF Lf PORTE
PHONE(713)471.5020 . P.O.BOX1115 . LAPORTE. TEXAS 77571
August 30, 1988
Honorable Mayor Norman Malone & City Council
P. O. Box 1115
La Porte, Texas 77571
RE: Zoning Ordinance Text Change
Dear Mayor Malone,
The Planning & Zoning Commission at our August 25, 1988 Public
Hearing and Regular Meeting, was scheduled to consider a request to
increase allowable sign heights in General Commercial Zones.
McDonald's Corporation is requesting that the City's Zoning
Ordinance be amended to change the allowable height of freestanding ,
on premise advertising signs, located in G. C. zones from forty five
(45') to seventy five (75') feet.
The Commission, in our August 25, 1988 Public Hearing and Regular
Meeting, considered this request and received public input and Staff's
report. The Commission met on August 30, 1988 to consider a
recommendation to the City Council for this request. The Commission
voted (5 ayes and 1 abstain) to recommend granting an amendment to the
interim sign regulations to include a "Controlled Access Highway Zone"
for signs. The Commission recommends further that a maximum height of
sixty five feet (65') be considered and a width of five hundred feet
(500') along and parallel to each side of the controlled access
highway, as shown on the City of La Porte Thoroughfare Plan be
considered as the limits of the Controlled Access Highway Zone.
RespectfuIIy/:ubmitted,
~Jr ~~
J/Jet Graves,
Chairman, Planning & Zoning Commission
JG/nd
cc: Robert T. Herrera, City Manager
John Joerns, Assistant City Manager
Joel H. Albrecht, Director of Community Development
John Armstrong, Assistant City Attorney
August 15, 1988
,
.
Tvpe of Reauest:
Amendment to Ordinance 1501, Section 10-1000,
Commercial Use Table "B"
Requested By:
Mr. Pepper Massingill
Corporation
representing McDonald's
'"
Background:
Commercial Use Table "B" of Section 10-1000, Ordinance 1501
restricts the height ~f on premise freestanding ad~ertising signs (in
both N.C. and G.C. zones) to forty five feet (45') as measured from.
adjacent grade (See Exhibit A). This correspon~s with the maximum
allowable height' for all oth~rtypes of strOctures located in
Neighborhood Commercial (N.C.) and General Commercial (G.C.) zones.
McDonald's Corporation is requesting that the City's Zoning
Ordinance be amended to change the allowable height of freestanding,
on p remi se adve rt i sing signs, located in G. C. zones from fo rty five
(45') to seventy five (75') feet (See Exhibit B).
Analvsis:
McDonald's is proposing to locate a new restaurant at the corner
of West Fairmont Parkway and South 8th street. This site is located
one block east of Hwy. 146. They contend that a forty five foot (45')
sign is not tall enough ,to be seen by motorists traveling along Hwy.
146. McDonald's concern is that a driver be able to see their sign in
time to exit the freeway (See Exhibit C).
To suppo rt the i r con ten tion , McDonald's set a crane on thei r
res tau rant site and su spend ed a. 'sheet of plywood at va rious
elevations. The plywood was then observed and photographed from Hwy.
146 (See exhibits "D" through "I"). Exhibits "D" (height 45'), "E"
(height 65') and "F" (height ,,75') - were photographed from the
southbound side of the freeway at a distance of approximately four
thousand, seven hundred feet (4,700') north of Fairmont Parkway (See
ex h ~ bit -C). Ex hi bit s "G " ( he i g h t 45 ' ), " H" ( he i g h t 65 ') and " I "
(helght 751) were photographed from the northbound side of the freeway
at distances between two thousand (2,000') and three thousand (3,000')
feet south of Fairmont Parkway (See Exhibit C).
,
Sign Am~ment Report 2
From the northern approach, a fifty five foot (55') sign is
clearly visible in time to exit the controlled access highway. From
the southern approach however, a sign height of sixty five fee~" (65')
appears to be warranted in order to be seen above existing visual
obstructions.
The interim sign regulations limit all signs to a height of forty
five feet (45') regardless of the zoning classification.
As we consider the request of McDonald's, we need to think of the
opt ions available fo r cons ide ration. 'They a re as follows: .'
1. Increase the height limits of all signs in all zoning
classifications. .
2. Increase the height limits of signs for only the General
Commercial zones.
3. Establish a "Controlled Access Highway Zone" where signs
might be higher.
4. Maintain status quo and do nothing.
Staff would prefer to consider option number three (3) since it
would" be able to be incorporated into a future comprehensive sign
ordinance. The basic reason for a business to be located on or near a
freeway is two fold - accessibility and visibility. Limitations must
be placed for the width and height of the corridor or else there will
be additional requests in both areas.
The sign su rvey conduc ted by McDonald's and membe rs of the
Planning and Zoning Commission reflect the visibility of a sixty five
foot (65') sign. This height would be compatible with other signs in
the area such as 'Burger King's six.ty five feet (65'), La Quinta' s
fifty feet (50'), Texaco's". sixty seven feet (67'), and Shell's eighty
feet (80'). A height of seventy five feet (75') as requested would
alter the skyline along the controlled access highway frontage.
As we consider option number three (3) further, a maximum width
should be considered. The staff would recommend a five hundred foot
(500') width measured f'rom each right-of-way line of the controlled
access highway~ This would allow development of lots located one (1)
block off the freeway with uses like McDonald's only if the sign was
located at the rear of their lot.
This offers an approach to solving the sign problem along the
controlled access highways without raising the heights of signs in all
the commercial and industrial zoned areas. Further, the Controlled
Ace ess Highway Zone may p rov ide the PI alln ing and Zon ing Commi ssion
with a tool they are comfortable with until work on the sign ordinance
is resumed.
,
Sign Afdment Report 3
Staff would not recommend the increasing of the sign heights in
the other zoning classifications (as suggested in options one through
two (1-2) since there could be a negative impact on the residential
areas adjacent to many of the Neighborhood and General Commercial
zones.
The proposed Controlled Access Highway Zone for signs would apply
only to the commercial and industrial zones and not to the P.U.D. zone
or to any residential zone. In the P.U.D. zone the height of signs
would be es tab I i shed by the Plann ing and Zon ing Commi ss ion and the
City Council. In the residential zones the height of signs would be
controlled by the zoning ordinance. .
Conclusjon:
Staff agrees with McDonald's that a visibility problem exists
with our sign limits and would recommend that the Planning and Zoning
Commission consider an amendment.
Recommendation:
Staff recommends an amendment to the interim sign regulations to
include a "Controlled Access Highway Zone" for signs. Staff
recommends further that a maximum height of sixty five feet (65') be
considered and a width of five hundred feet (500') be considered for
each side of the controlled access highway, as shown on the City of La
Porte Thoroughfare Plan, as the limits of the Controlled Access
Highh'ay' Zone.
,
NEW DEFINITIONS
.
Controlled Access Highwav: Any thoroughfare which is a high volume
freeway (without signalization on principal lanes) designed. for four
(4) to eight (8) main lanes and four (4) service lanes with a
right-of-way (ROW) capacity that allows two (2) to four (4) additional
lanes.
Controlled Access Highway Zone: A zone extending five hundred feet
(500') to either side of the right-of-way (ROW) of a controlled access
highway as designated on the City of La Porte's Land Use Map.
NOTES:
The definition of Controlled Access Highway (with some
minor rephrasing) was taken from Volume one, Section 1.3
of the City's Comprehensive Plan.
Controlled Access Highway Zones are established on the
Ci ty' s Land Use Map and designated by a cross hatched
high-light. State Highway 225 and New State Highway 146
are the only thoroughfares within the City presently
designated as Controlled Access Highways.
Interim Sign Regulations: Signs located within a
Controlled Access Highway Zone shall be limited to a
maximum height of sixty five feet (65').
,
-91-
.
COMMERCIAL USE TABLE A
USES (SIC CODE #)
CR
ZONES
NC
P
GC
P
Freestanding On Premise Signs
COMMERCIAL USE TABLE B
(2,6)
(5) (1,3,4,6) Adj. to
Min. Min. Res.
Land- Max. . Yard Min. Yard
scaping Lot Setbacks Setback Max.
Uses Req. COV. F. R. S. F. R. S. Height
Freestanding
On Premise N/A N/A 0-0-0 0-5-5 45 Ft.
Signs
Freestanding
On Premise N/A N/A 0-0-0 0-5-5 65 Ft.
Signs Located
In Controlled
Access Highway
Zones
Footnote:
6. No sign shall be located in sight triangle so as to obstruct
traffic visibility at a level between three feet (3') and six
feet (6') as measured above adjacent road grade.
,
-92-
.
INDUSTRIAL USE TABLE A
USES (SIC CODE #)
B-I
P
ZONES
L-I
H-I
Off Premise Freestanding Signs
*
p
p
P
On Premise Freestanding Signs
P
INDUSTRIAL USE TABLE B
Uses
(4)
Minimum
Landscaping
Reauirements
Maximum
Lot
Coverage
(1,3,5)
Minimum
Yard
Setback
F. R. S.
(2,5)
Adj. to
Resid.
Min. Yard
Setback
F. R. S.
Max.
Height
On & Off
Premise
Freestanding
Signs
N/A
N/A
0-0-0
0-5-5
45 Ft.
Freestanding
On Premise
Signs Located
In Controlled
Access Highway
Zones
N/A
N/A
0-0-0
0-5-5
65 Ft.
Footnote:
5. No sign shall be located in a required sight traingle in such
a manner as to obstruct traffic visibility at a level between
three feet (3') and six feet (6') as measured above adjacent
road grade.
,
RECEIVED?? fA
.8'4- 19D /Lfa
COMM. DEV.
McDonaid'S Coroorat:on
3707 F~'11 1950 Wr::5t
Suite 3GO
Houston, T8xa5 77C68-355Q
713i580-3~j22
L1CDona2cfs
!
August 3, 1988
Mr. Joel Albrecht
City of La Porte
604 W. Fairmont Parkway
La Porte, TX 77571
Dear Mr. Albrecht:
Thank you again for the time you and the members of the
Planning and Zoning Committee spent with me Tuesday. It
appears that we are in agreement concerning the need to
amend the sign ordinance in La Porte.
By this letter I would like to formally request an amendment to
the sign ordinance to allow McDonald's to construct a sign at a
height of 75 feet. After reviewing the sign survey it was
determined that 75 feet is the height that would supply us with
the visibility necessary to attract customers from the freeway.
Your cooperation and assistance in this amendment will be
appreciated. If there are any further questions concerning
this matter, please don't hesitate to call me.
Best regards,
1}f"U~~~
Pepper Mas ingill
Real Estat Representative
ml:8649A
EXHIBIT R
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RECEIVED
CITY OF LA PORTE
'1-7- i'y
CITY MGR'S OFFICE
INTER-OFFICE MEMORANDUM
FROM: Jeff Litchfield, Director
TO: Robert T. Herrera, City Manager
DATE: September 7, 1988
SUBJECT: Federal Revenue Sharing Hearing
The Federal Revenue Sharing Hearing will be held Monday, September 12,
1988. The City Council needs to listen and receive input from any
interested Citizen.
The attached sheet contains my estimate of the Funds Available for the
upcoming year. Highlights of the requested expenditures are:
Implement MIS Plan - $50,000 - This will be used to partially fund
the recommendations received as a result of the Management
Information System Study that was completed in August, 1988.
Street Material - $40,000 - To purchase material used by our Street
Department.
Contingency - $50,288 - This is an estimate of the amount that
will be available to expend from the remaining Revenue Sharing
Funds. By budgeting this contingency amount, the Council can
authorize the expenditure of these funds without holding
another hearing.
I strongly recommend that we expend all of our Federal Revenue Sharing
Funds by September 30, 1989.
.
e
CITY OF LA PORTE
FEDERAL REVENUE SHARING FUND
ESTIMATED RETAINED EARNINGS 9/30/88 $ 135,288
PLUS REVENUES:
INTEREST INCOME $ 5.000
TOTAL REVENUES 5.000
TOTAL RESOURCES $ 140,288
LESS EXPENDITURES:
IMPLEMENT MIS PLAN $ 50,000
STREET MATERIALS 40,000
CONTINGENCY 50.288
TOTAL EXPENDITURES 140.288
ESTIMATED FUND BALANCE 9/30/89 $ 0
e
e
ORDINANCE NO. 1501-E
AN ORDINANCE AMENDING ARTICLE III, OF ORDINANCE NO. 1501, THE CITY
OF LA PORTE ZONING ORDINANCE, AMENDING SECTION 10-1000 COMMERCIAL
USE TABLE B: PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS
ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON
CONVICTION BE FINED A SUM OF NOT MORE THAN ONE THOUSAND DOLLARS
($1,000.00) FOR EACH VIOLATION: FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW: PROVIDING A SEVERABILITY CLAUSE: AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte hereby
finds, determines and declares that heretofore, to-wit, on the 25th
day of August, 1988, at 7:00 p.m., a public hearing was held before
the Planning and Zoning Commission of the City of La Porte, Texas,
pursuant to due notice, to consider the question of the possible
amendment of the Zoning Ordinance as herein described. There is
attached to this Ordinance as Exhibit "A", and incorporated by
reference herein and made a part hereof for all purposes, the
publisher's affidavit of publication of notice of said hearing.
Section 2. Subsequent to such public hearing, the City of La
Porte Planning and Zoning Commission met in regular session on
August 25, 1988 at 7:00 p.m., to consider the Ordinance amendments
which were the subject of such public hearing. The City Council of
the City of La Porte is in receipt of the written recommendations
of the City of La Porte Planning and Zoning Commission, by letter
dated August 30, 1988, a true copy of which letter is attached
hereto as Exhibit "B", and incorporated by reference herein, and
made part hereof for all purposes.
Section 3. The City Council of the City of La Porte hereby
finds, determines and declares that on the 12th day of September,
1988, a public hearing was held before the City Council of the City
of La Porte, Texas, pursuant to due notice, to consider the
recommendation of the City of La Porte Planning and Zoning Commis-
sion.
There is attached to this Ordinance as Exhibit "C", and
incorporated by reference herein and made a part hereof for all
purposes, the publisher's affidavit of publication of notice of
said public hearing for the City Council of the City of La Porte.
Section 4. The City council of the City of La Porte hereby
finds, determines and declares that all prerequisites of law have
e
e
Ordinance No. l501-E, Page 2
been satisfied, and hereby determines and declares that the
amendments to the City of La Porte Ordinance No. l501, the Zoning
Ordinance of the City of La Porte, are desirable and in furtherance
of the goals and objectives stated in the City of La Porte's com-
prehensive plan.
Section 5.
Article X, Section 10-1000, Article III, Section
3-100, Definitions, Article VI, Section 6-400, Commercial Table A,
and 6-500, Commercial Table B, and Article VII, Section 7-500,
Industrial Table A and 7-600, Industrial Table B of the Zoning
Ordinance of the City of La Porte is hereby amended, to allow fr~e-
a maximum height of s~iJ~I..~.~
standing on-premise signs with
feet ~ above adjacent
grade in G.C. General Commercial zones.
Said changes are reflected on pages one through three, inclusive,
and are indicated by a solid black line appearing in the right-hand
margin next to said changed or added material on Exhibit "0".
Section 6. Any person, as defined in Section 1.02(27) Texas
Penal. Code, who shall violate any provision of this Ordinance,
shall be deemed guilty of a misdemeanor and upon conviction shall
be punished
by a fine not to exceed One Thousand Dollars
($1,000.00). Each day a violation of this ordinance shall continue
shall constitute a separate violation.
Section 7.
If any section, sentence, phrase, clause, or any
part of any section, sentence, phrase, or clause, of this Ordinance
shall, for any reason, be held invalid, such invalidity shall not
affect the remaining portions of this Ordinance, it is hereby
declared to be the intention of the City of Council to have passed
each section, sentence, phrase, or clause, or part thereof,
irrespective of the fact that any other section, sentence, phrase,
or clause, or part thereof, may be declared invalid.
Section 8.
The City Council officially finds, determines,
recites and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
city for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
e
e
Ordinance No. 1501-E, Page 3
Civil Statutes Annotated; and that this meeting has been open to
the public as required by law at all times during which this or-
dinance and the subject matter thereof has been discussed, con-
sidered and formally acted upon. The City Council further rati-
fies, approves and confirms such written notice and the contents
and posting thereof.
Section 9. This Ordinance shall become effective fourteen
(14) days after its passage and approval. The City Secretary
shall give notice to the passage of the notice by causing the
caption to be published in the official newspaper of the City of La
Porte at least twice within ten (10) days after the passage of the
Ordinance.
PASSED AND APPROVED THIS THE DAY OF
CITY OF LA PORTE
, 1988.
By:
NORMAN MALONE, Mayor
ATTEST:
By:
CHERIE BLACK, City Secretary
e
e
STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF MEETING
In accordance with the provisions of Ordinance 1501, the City
of La Porte Zoning Ordinance, notice is hereby given that the La
Porte Planning and Zoning Commission will conduct a public hearing
at 7:00 P.M. on the 25th day of August, 1988, in the Council
Chambers of the City Hall, 604 West Fairmont Parkway, La Porte,
Texas. The purpose of the Public Hearing is to consider amending
Section 10-1000 Commercial Use Table B of the City of La Porte
Zoning Ordinance, Ordinance 1501, to allow free-standing on-premise
signs with a maximum height of 75 feet above adjacent grade in G.C.
General Commercial zones.
A regular meeting will be held following the public hearing
for the purpose of acting upon the public hearing item and conduct
other matters pertaining to the Planning and Zoning Commission.
Citizens wishing to address the Commission pro or con during
the Public Hearing will be required to sign in before the meeting
is convened.
CITY OF LA PORTE
,
,
,
J
'J
I,
'\
II,
Cherie Black
City Secretary
fXH 1'13/T A
PUBLIC NOTICE '
NnTI~ OF EE NG e
In addordance with ihe rovisions of
120C qrdinante 1501 , the Ci r of Porte Zon-
Sing Ordinance, notice i !her y given that
P.O. the La P (anning' d oning Com-
mission I du . t pu c hearing at
7:00 P. ',0 the 25ti. ~ O,f, August, B"
1988, in ou Chamb s of the City,
Hall, 604 t 'r"l9 ay, La
Porte, Te s. h pu~ ethe Public
Hearing is n de, e ng Section
10-1000 Comm 'a se !ible B of th~ 'Voice 0
City of La Porte on g Ordinance, Ordi-
nance 1501, th ,allow free-standing on-
premise signs with a maximum height of
75 feet above adjacent grade in G.C.
General Commercial zones.
A regular meeting will be held following
the public hearing for the purpose of act-
ing upon the public hearing item and con-
duct other matters pertaining to the Plan-
ning and Zoning Commission,
Citizens wishing to address the Com-
mission pro or con during the Public Hear-
ing will be required to sign in before the
meeting is convened.
e
La Porte; Texas 77571
(713) 471-1234
undersigned authority, on this date
"
Sandra E. Bumgarner, duly authorized
CITY OF LA PORTE
Cherie Black
City Secretary
agent of The Bayshore SU,n, a semi-weekly..newspaper
published in La Porte, Harris County, Te~~s, and who
after being duly sworn, says the attached notice was
published in The Bayshore Sun of August 10, 1988
.~~L~j. ~~n~.~~.~
Sandra E. Bumgarner
Office Manager
;.'
~ i
Sworn and subscribed before
A.D. 19-IT.
me this 1- day OfJ..,;l;.r>du...;,
I
~fi'(~~? ~. ~.;J/~~;~~
Notary Public
Harris County,
Texas ..............
.of'- ,'1
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: '4. t" ", .. ':.
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e
e
CITY OF LA PORTE
PHONE(713)471.5020 . P.080X1115 . LAPORTE. TEXAS 77571
August 30, 1988
Honorable Mayor Norman Malone & City Council
P.O. Box 1115
La Porte, Texas 17571
RE: Zoning Ordinance Text Change
Dear Mayor Malone,
The Plann ing & Zon ing Commiss ion at our August 25, 1988 Publ ic
Hearing and Regular Meeting, was scheduled to consider a request to
increase allowable sign heights in General Commercial Zones.
McDonald's Corporation is requesting that the City's Zoning
Ordinance be amended to change the allowable height of freestanding ,
on premise advertising signs, located in G. C. zones from forty five
(45') to seventy five (15') feet.
The Commission, in our August 25, 1988 Public Hearing and Regular
Meeting, considered this request and received public input and Staff's
report. The Commission met on August 30, 1988 to consider a
recommendation to the City Council for this request. The Commission
voted (5 ayes and 1 abstain) to recommend granting an amendment to the
interim sign regulations to include a "Controlled Access Highway Zone"
for signs. The Commission recommends further that a maximum height of
sixty five feet (65') be considered and a width of five hundred feet
(500') along and parallel to each side of the controlled access
highway, as shown on the City of La Porte Thoroughfare Plan be
considered as the limits of the Controlled Access Highway Zone.
Respectfully;:ubmitted,
~~J xh~u~'
~/Jet Graves,
Chairman, Planning & Zoning Commission
JG/nd
cc: Robert T. Herrera, City Manager
John Joerns, Assistant City Manager
Joel H. Albrecht, Director of Community Development
John Armstrong, Assistant City Attorney
PUBUC N TICE tit
N IC; OF MEETING.....,..
. In a e with the provisions of
Ordinan 150 . . the City of La Porte Zon-
ing Ordi ~notice Is hereby given that
the La e ;ity Council will conduct a
public hfJ . ~ at 6:00 P.M. on the 12th B .:
day of September, 1988, In the CouncU
Chambers of the City Hall, 604 West Fair-
mont Parkway, La P e, Texas. The pur-
pose of rille earing is to consider I
amendin . O-loooierciaJ
Use table B the ~'ty oning
Ordinance 'n 50 ,to ow free-
standing - 8 se sig wi imum
height of 75 fee bo . lacent grade in
G.C. General om . cial zones..
A regular meeting will be held following
~he public hearing for the purpose of act-
,ng upon the public hearing item and con- . s
duct other matters pertaining to the City
Council. .
Citizens wishing to ackhss the Council
pro or con during the Public Hearing will
~ required to sign in before the meeting
IS convened.
e
La Pone; Texas 77571
(713) 471-1234
re. SUD
CITY OF LA PORTE :.he undersigned authority, on this date
Cherie Black
City Secretary red Sandra E. Bumgarner, duly authorized
agent of 'l'ne tiayshore Su.n, a semi-week1y.newspaper
published in La Porte, Harris County, Te~as, and who
after being duly sworn, says the attached notice was
published in The Bayshore Sun of Auqust 28, 1988
~~) . ~{fvY><"'-
Sandra E. Bumgarner
Office Manager
.:1'
,f'i
Sworn and subscribed before me
A.D. 19.-&.
thi s ..L day Of~r;d:4.,"';
. v
~~'YL~1~ ~1. ~itt~~
Notary Public
Harris County,
Texas .....................
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e
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-91-
COMMERCIAL USE TABLE A
USES (SIC CODE #)
CR
ZONES
NC
GC
Freestanding On Premise Signs
P
P
COMMERCIAL USE TABLE B
Uses
(5)
Min.
Land-
scaping
Reg.
Max.
Lot
Cov.
(1,3,4,6)
Min.
Yard
Setbacks
F. R. S.
(2,6)
Adj. to
Res.
Min. Yard
Setback
F. R. S.
Max.
Height
Freestanding
On Premise
Signs
N/A
N/A
0-0-0
0-5-5
45 Ft.
Freestanding
On Premise
Signs Located
In Controlled
Access Highway
Zones
N/A
N/A
0-0-0
0-5-5
65 Ft.
Footnote:
6. No sign shall be located in sight triangle so as to obstruct
traffic visibility at a level between three feet (3') and six
feet (6') as measured above adjacent road grade.
e
-92-
e
. .
INDUSTRIAL USE TABLE A
USES (SIC CODE #)
On Premise Freestanding Signs
B-1
P
ZONES
L-I
P
P
H-I
P
Off Premise Freestanding Signs
*
P
INDUSTRIAL USE TABLE B
Uses
(4)
Minimum
Landscaping
Requirements
Maximum
Lot
Coverage
(1,3,5)
Minimum
Yard
Setback
F. R. S.
(2,5)
Adj. to
Resid.
Min. Yard
Setback
F. R. S.
Max.
Height
On & Off
Premise
Freestanding
Signs
N/A
N/A
0-0-0
0-5-5
45 Ft.
Freestanding
On Premise
Signs Located
In Controlled
Access Highway
Zones
N/A
N/A
0-0-0
0-5-5
65 Ft.
Footnote:
5. No sign shall be located in a required sight traingle in such
a manner as to obstruct traffic visibility at a level between
three feet (3') and six feet (6') as measured above adjacent
road grade.
.
e
. .
Article III, Section 3-100, Definitions *
Controlled Access Highway: Any thoroughfare which is a high volume
freeway (without signalization on principal lanes) designed for
four (4) to eight (8) main lanes and four (4) service lanes with a
right-of-way (ROW) capacity that allows two (2) to four (4)
additional lanes.
Controlled Access Highway Zone: A zone extending five hundred feet
(500') to either side of the right-of-way (ROW) of a controlled
access highway as designated on the City of LaPorte's Land Use Map.
*NOTES:
The definition of Controlled Access Highway (with
some minor rephrasing) was taken from Volume One,
Section 1.3 of the City's Comprehensive Plan.
Controlled Access Highway Zones are established on
the City's Land Use Map and designated by a cross
hatched high-light. State Highway 225 and New
State Highway 146 are the only thoroughfares within
the City presently designated as Controlled Access
Highways.
Interim Sign Regulations: Signs located within a
Controlled Access Highway Zone shall be limited to
a maximum height of sixty five feet (65').
. .
REOUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
September 12, 1988
Requested By: Robert T. Herrera Department: Administration
Repo rt
Resolution
)C
Ordinance
Exhibits:
I. Inter-Office Memo - Review on Initial Evaluation of
Proposals for an Economic Development Plan for the
City of La Porte - June 28, 1988
II. KPMG Peat Marwick: Proposal to Develop Economic
Development Strategies for the City of LaPorte -
June 1 g88
III. KPMG Peat Marwick: Presentation to the City of La
Porte for an Economic Development Study - Au~ust
24, 1 g88
SUMMARY & RECOMMENDATION
On May 16, 1988, Request For Proposals (RFP's) were sent out
to sixteen agencies to submit an economic development plan
for the City of La Porte. This plan would be used to assist
the City in determining the best long-term economic mix and
in outlining the strategy for attracting that mix.
Eight agencies responded to this request, and were reviewed
by an Initial Evaluation Committee, which identified the top
three proposals (see Exhibit I). The following three
agencies were given the highest ranking levels: KPMG Peat
Marwick, Laventhol & Horwath, and Mercer/Slavin, Inc~
Subsequently, on August 27, 1988, the Final evaluation
Committee conducted personal interviews with the top three
agencies to select the best proposal. Members of the Final
Evaluation Committee included: Janet Graves, Planning. &
Zoning Chairperson; Robert T. Herrera, .City Manager; John
Joerns, Assistant City Manager, and Janie Bais, Assistant to
City Manager.
By a majority vote, the Final Evaluation Committee,
recommended that the economic development plan be prepared by
the firm of Peat Marwick Main & Company.
A total of $30,000 for this project is budgeted in the
Hotel-Motel Occupancy Tax Fund. The Peat Marwick Main &
Company proposal submitted a fee of $28,500 plus expenses,
with a not to exceed budget of $33,000.
Action Required By Council:
Approve the firm of Peat Marwick Main & Company to prepare
economic development plan for the City of La Porte.
Availability of Funds:
General Fund
Water/Wastewater
Capital Improvement
General Revenue Sharing
X Other
Account Number: 026-600-600-606 Funds Av,il~ble: -X Yes __ No
Approved For City Council Agenda
CV~ Tl ~
Robert T. Herrera
City Manager
-9-~- ~~
Date
\.
.
e
ORDINANCE NO. /~qq
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT WITH KPMG PEAT
MARWICK TO PREPARE AN ECONOMIC DEVELOPMENT STUDY FOR THE CITY OF LA
PORTEi MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECTi FINDING COMPLIANCE WITH THE OPEN MEETINGS LAWi AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the
contract, agreement or other undertaking described in the title of
this ordinance, in substantially the form as shown in the document
which is attached hereto and incorporated herein by this reference.
The Mayor is hereby authorized to execute such document and all
related documents on behalf of the City of La Porte. The City
Secretary is hereby authorized to attest to all such signatures and
to affix the seal of the City to all such documents.
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 ata 'place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
Civil Statutes 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 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 12th day of September, 1988.
CITY OF LA PORTE
BY
Norman L. Malone, Mayor
ATTEST:
City Secretary
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City Attorney
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EXHIBIT I
THE CITY OF LA PORTE
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INTER-OFFICE MEMORANDUM
JUNE 28, 1988
TO:
ROBERT T. HERRERA, CITY MANAGER
JOHN JOERNS, ASST. CITY MANAGER
SUBJECT:
REVIEW ON INITIAL EVALUATION OF PROPOSALS'
FOR AN ECONOMIC DEVELOPMENT PLAN FOR THE
CITY OF LA PORTE
An Initial Evaluation Committee composed of Joel H. Albrecht, Steve
Gillett and J an ie Ba is wa s appo inted to make the in it ia I rev iet{ and
evaluation of the eight (8) proposals received for the writing of an
EconoQic Development Plan.
The Committee met on June 23, 1988, to agree on the proc edure for
evaluating the proposals and adopted the procedure used for the
evaluation of the LPAWA Civil Engineering proposals. During the
ensuing weekend each of the Committee members independently reviewed
the eight (8) proposals. The Committee then met June 27, 1988 to
compile and revieVl the results of the individual evaluations and to
establish weighting factors for the three (3) principal categories
used in th~ evaluation.
The results of the combined evaluations are shown on Exhibit "A", "B",
"C~ and "D", copies of which are attached.
Exhib it "A" shows the rat ings by ind i vidual cOli1mi t tee members, the
average rating, the agreed weighting and "Final Rating" for the
category "Personnel Qualifications."
Exhibit "B" and "C" show the same items as Exhibit "A" for the
categ~ry "Experience of Firm" and category "Methodology."
Exhibit "D" summarizes the "Final Ratings" from the eight (8) firms
based on the total of the "Final Ratings".
The ratings by the individuals Vlhich results in the ultimate "Total
Ratings" are based on the guidelines shown on Exhibit "E" and titled
"Basis of Rating Categories."
The Committee has not had any contact with persons representing any of
the firms submitting proposals nor have they contacted any of the
references, due to the caliber of the firms.
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Initial Evaluation of Proposals
June 28, 1988
Page 2
Based on these evaluations, the Committee submits the three (3)
highest ranked firms (in order of ranking) which are as follows:
1. KPMG Peat Harwick
2. Laventhal & Holwath
3. Hei"cer/Slaven, Inc.
The Committee feels that the evaluations submitted are fair and
impartial and reflects the members combined and unanimous judgement.
He will be happy to respond to quest ions from the City Manager's
office regarding details of the proposals.
Respectfully submitted,
J e~ . Albrecht
~ ector of Community Development
Steve
Director of Pu
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J nie Bais
Assistant to City Manager
JHA/SG/JL/nb
!.ttachments
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HORKSHEET 1
DETERMINATION OF HEIGHTING FACTORS
IN SELECTION OF CONSULTING FIRM
PERSONNEL EXPERIENCE
OUALIFICATIOtlS OF FIRH METHODOLOGY
RATER 1 40 25 35
2 30 40 30
3 40 -3..0.- ..3Q..
TOTALS 110 95 95
CONSENSUS 36.67 3.1.67 31 .67
* All 3 factors based on total scoring of 100 points.
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WORKSHEET 2
OUTLINE FOR RATING ECONOMIC DEVELOPMENT PLAN PROPOSALS FOR
THE CITY OF LA PORTE
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FIRM:
RATER:
1. Personnel Oualificatio~s
.score
A. Experience and Background of Staff
Assigned to Project
-B. Knowledge of Office Complex Operations
and Construction
C. General Personnel Experience
D. Number and Level of Personnel Assigned -
Manhour Commitment of Each
E. Outside Resource Personnel Available
F. Past References
Total
X Weighting factor
2. Exoerience of Firm
A. Similar project experience
B. Past References
1. Effectiveness of Previous Designs
2. Current Projects Under Operation/
Stage of Completeness
Total
X Weighting factor
3. Methodolo~v
A. Compliance with RFP
B. Concept of Job to be Performed
C. Willingness to Interface with Designated City
Representatives concerning Design, Program
Development and Construction Phases
D. Plan of Approach/Work Schedule
1. Plan for Alternatives
2. Project Delivery Mechanism
Total
X Weighting factor
TOTAL
ADJUSTMENT FOLLOWING REFERENCE CHECKS/INTERVIEWS
GRAND TOTAL
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EXHIBIT "A"
PERSONNEL QUALIFICATIONS
FIRM
RATER
g1 12 13 AVG.
WEIGHTING
FACTOR
FINAL
RATING
LWFW 83 80 76 79.67 36.67 29.21
MERCER/SLAVEN 95 90 76 87. 31.9
BAYLOR 70 80 79 76.33 27.99
INTERNATIONAL 85 80 . 78 81- 29.7
WORTH BLAKE 72 80 86 79.33 29.09
PEAT MARWICK 88 80 97 88.33 32.39
RICE 75 90 ' 83 82.67 30. 31
LAVENTHAL 80 80 97 85.67 31.41
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EXHIBIT "B"
EXPERIENCE OF FIRM
. FIRM
RATER
D1 12 13 AVG.
WEIGHTING
FACTOR
FINAL
RATING
LWFW 79 79 83 80.33 31.67 25.44
MERCER/SLAVEN 75 83 70 87. 211.07
BAYLOR 75 80 90 76.33 25.86
INTERNATIONAL 90 81 90 81. 27.55
WORTH BLAKE 75 80 82 79.33 25.02
PEAT MAR~lICK 80 85 98 88.33 27.76
RICE 80 80 . 85 82.67 25.86
LAVENTHAL 80 80 97 85.67 27 . 13
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EXHIBIT "CIt
METHODOLOGY
FIR'H
RATER
#1 82 H3 AVG.
'~EIGHTING
FACTOR
FInAL
RATING
LWFH 85 80 85 83.33 31.67 26.39
MERCER/SLAVEN 90 80 95 88.33 27.97
BAYLOR 75 80 88 81 .0 25.67
INTERNATIONAL 85 80 84 83.0 26.29 .
\WRTH BLAKE 86 81 90 85.67 27 . 1 3
PEAT HARHICK 90 90 95 91.67 29.03
RICE 95 80 86 87.07 27.55
LAVENTHAL 83 80 93 85.33 27.03
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EXHIBIT "D"
SUNHARY
FIRH PERSONNEL FIRH HETH. TOTAL RANK
LVlFH 29.21 25.44 26.39 81 .04 7
HERCER 31.9 24.07 27.97 83.94 3
BAYLOR 27.99 25.86 25.67 .79.52 8
INTERNATIONAL 29.7 27.55 26.29 83.54 5
\VORTH BLAKE 29.09 25.02 27 . 1 3 81 .24 6
PEAT HAR~HCK 32.39 27-.76 29.03 89.18 1
RICE 30.31 25.86 27.55 83.72 4
LAVENTHAL 31.41 27 . 1 3 27 .03 85.57 2
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90-100
80-90
EXCELLEUT
GOOD
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EXHIBIT "En
BASIS OF RATING CATEGORIES
Personnel exhibit the highest level of
education, experience and pr9.fessional
conduct; and, personnel assigned" to the
project have worked on numerous projects of
the type requested and the ir involvement on
those projects was significant; and, time
devoted to the project by the most experienced
personnel is significant.,
The firm has specific and extensive experience
in the area of concern; and, this exper ience
is recent and indicates the highest degree of
knowledge of state of the art concepts; and,
-the"' firm receives- no negative comments from
the -reference checks.
The firm has a complete understanding of the
concept of the job; and the firm has an
approach to the job that assures that the job
will be' completed on time, prov ides for
several alternatives to completion of the job,
the criteria for making recommendations takes
into account the City of La Porte
organization; and the proposal has no
deviations from the RFP.
Personnel exhibit a more than adequate level
of educat ion, exper ience and professional
conduct; and, personnel assigned to the
project have worked on an adequate number of
projects of the type requested and their
involvement on those projects was more than
adequate; and, the time devoted to the project
by the most experienced personnel is more than
adequate to accomplish the job.
The firm has specific and adequate experience
in the a rea of conce rn; and, th is exper ience
indicates a high degree of knowledge of ~tate
of the art concepts; and, the firm has no
negative comments from references, but
references may have expressed points of
concern regarding the firm.
The firm has an understanding of the concept
of the job; and the firm has an approach that
assures that the job will be comDleted on
time, provides a few alternatives for
completion of the job, the criteria for making
recommendations shows some understanding of
the City of La Porte organization, the
proposal has few deviations from the RFP.
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60-69
FAIR
POOR
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Personnel exhibit adequate levels of
education, experience and professional
conduct, but may be consistent with.the needs
identified in the RFPj and, personnel assigned
to the project have worked on projects of the
type identified, but work is limited; and, the
time devoted to the project by the Qost
experienced personnel is limited.
The firm has specific but "limited" experience
in the area concerned; and, this experience
shows limited knowledge of state of the art
concepts; and the firm receives mediocre to
neutral comments from references, that
indicate areas of concern.
The firm has limited understanding of the
concept of the job; and the firm has an
approach that reveals that the job may not be
completed on time, provides only one criteria
for making recommendations shows little
understanding of the City of La Porte
organ izat ion, the proposal ha s a number of
deviations from the RFP.
Personnel do not have adequate levels of
educat ion, exper ience, and professional
conduct; and, personnel assigned to the
project have not worked on projects of the
type identified in RFP; and, the time devoted
to the project by the most experienced
personnel is grossly inadequate to the extent
that it jeopardizes the completion of the
project.
The firm has neither specific nor adequate
exper ience in the a rea conce rned ; and, this
experience shows very limited knowledge of
state of the art concepts; and, the firm
receives one or more negative reference.
The firm has very little understanding of the
concept of the job; and the firm's approach
does not assure complet ion of the job, the
criteria for making recommendations shm-Is no
understanding of the City of La Porte
organization, the proposal has many deviations
from the RFP.
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K;;MG~ Peat Marwick
EXHIBIT II
PRESENTATION TO THE
CITY OF LA PORTE
FOR AN
ECONOMIC DEVELOPMENT STUDY
August 24, 1988
~Peat Marwick
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PROJECT TEAM
o Gary Miglicco
o Bill Lenhart
o Don Moyer
o Phil Barnes
o Keith Rudy
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WHY PEAT MARWICK
o Team
o Expertise
o Relationship with La Porte
o Tailored approach
o Willingness to help implement
o National/worldwide focus
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ECONOMIC GROWTH COALITION
State
330/0
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COMMUNITY SUPPORT .
o Community Liaison Committee
o Objective analysis of community input
o National/worldwide network to address any
community-based problem/opportunity
o Strategic framework for o~-going
community support
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o Port 01 Houston
Turning Basin
6 Bulk Material
Handling Plant
~ Jaclntoport Terminal
() Barbours Cut Terminal
o Bayport Terminal
Operate at Barbours Cut
Termlnallntermodallaclllty
{ PTRA
SP
ATSF
UP
MKT
BN
HBT
Port Terminal Rellroad Aasn. - connecb with all
Southern Paclllc Transportation Co.
Santa Fe Railway
'..vnlon Paclllc Railroad
MlsBOu~Kan...- Texas Railroad Co.
Burlington Northern Railroad
Houston Belt & Terminal
RAilROADS SERVING HOUSTON
Houston railroads
To Loulelan_
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DEMAND VERSUS MARKETS
o Analyze aggregate demand for:
- Industrial
- Commercial
- Residential
- Recreational
o Identify target markets and industries,
including:
- Market possibilities/priorities
- Local market and industrial initiatives
- Private/public coalitions
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ECONOMIC BASE VERSUS DEVELOPMENT TRENDS
o What is the City's current economic base?
- Neighborhood
- Local
- Regional
- Statewide
o What are the major forces impacting La Porte's
future economy?
- Neighborhoods
- Local
- Regional
- Statewide
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DELIVERABLES
o Data
o Analysis:
o Input
- Community
/"
- Industry
- National models
o Plan/action recommendations
o Implementation plan/timing/resources
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-' ;~j ':. ,,~ . <o't51
. KPMG Peat Marwick
, Proposal to Develop
Economic Development Strategies for the
City of La Porte
June 1988
~ ~
EXHIBIT III
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KPMG Peat Marwick
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Peat Marwick Main & Co.
RepublicBank Center
700 Louisiana
P.O. Box 4545
Houston. TX 77210-4545
Telephone 713 2244262
Telex 286705 PMMT UR (RCA)
Telecopier 713 224 4566
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June ~7, 1988
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Mr. Robert T. Herrera
City Manager
City of La Porte
Post Office Box 1115
La Porte, Texas 77571
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Dear Mr. Herrera:
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In response to your request for proposal, Peat Marwick Main & Co. ("Peat
Marwick") is pleased to submit this proposal in conjunction with Donald
D. Moyer and Associates to describe how we could assist the City of La
Porte ("City") in developing an economic development plan.
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This proposal describes our understanding of the scope and objectives of
the project, our approach to accomplishing the objectives, our qualifica-
tions to conduct such a study, and the time and professional fees neces-
sary to complete the work.
1
BENEFITS
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Based upon our experience with similar projects, we believe that the City
of La Porte could anticipate the following from utilizing our approach:
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Experience and expertise. The proposed project team was as-
sembled after a careful review of the project's requirements in
the context of the best available expertise. The firms included
in this proposal possess recognized experience and have es-
tablished reputations and performance records ln economic
development projects.
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Peat Marwick, the project leader, has performed economic de-
velopment and related studies for local and area clients that
include the following:
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Austin Chamber of Commerce/Austin Area Research Organiza-
tion;
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Travis County Housing Finance Corporation;
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Harris County Flood Control and Water Supply Corporation;
Fort Bend County Flood Control and Water Supply Corpora-
tion;
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~..' }'~~[':-.A:/~'"7~..,~ Member Firmof
.- -:";>"'~:,c""'4.i:.-i';!..;..;'. K '.-~veld Peat Marwick Goerdeler
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~~~Peat Marwick
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Mr. Robert T. Herrera
City of La Porte
June 17, 1988
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Austin Industrial Interests;
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City of Austin;
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City of Killeen; and
San Antonio Development Commission.
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Project team. I!l addition to the broad expertise and exper-
ience of the two firms comprising the project team, each have
local offices with personnel who are very familiar with La
Porte and the local economic environment.
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The project team is also well aware of the industrial and gov-
ernmental aspects affecting the City's marketing position. For
example the project team technical manager, Mr. Donald Moyer,
was the President and CEO of the Houston Economic Development
Council (HEDC).
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As a result, the City would receive the benefit of "hands-on"
experlence in both the municipal environment and the private
sector:
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Peat Marwick Main & Co. Peat Marwick would serve as the
project director and provide the following benefits:
National reputation as a leader in providing services
to municipalities;
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Knowledge of the environment through our involvement
with area economic development efforts (Mr. Miglicco,
as the project's client partner, has served as a
volunteer member of the Clear Lake Area Economic
Development ~oundation and Houston Economic Develop-
ment Council);
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Expertise in municipal organization and strategic
planning; and
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Financial forecast and modeling skills.
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As your auditors, we have a unique understanding of the
City's structure and available resources. We would be
able to incorporate our existing knowledge of the City's
financial structure into developing a tailored strategic
plan for the City's economic development.
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Mr. Robert T. Herrera
City of La Porte
June 17, 1988
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Donald D. Moyer and Associates. Donald D. Moyer & As-
sociates is a firm providing management, marketing, strat-
egic decision making and economic development services to
business, institutions, individuals, governments and com-
munities in the United States and internationally.
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Until January 1987, Mr. Moyer was the President and CEO of
the HEDC. In addition to HEDC, Mr. Moyer has served 111
similar posts, including:
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Baltimore, Maryland;
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West Virginia;
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Michigan; and
Pennsylvania.
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He has served as staff advisor to the Chai rman of the
White House Conference on Balanced National Growth and
Economic Development and as a member of the National Urban
Roundtable.
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Understanding of local economic environment. The project team
understands the forces that comprise the local and regional
economy, including:
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There are competing community desires, such as:
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Limiting heavy industry yet expanding the jobs base
and tax base, and
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Good housing versus difficult housing and population/
residence patterns;
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The cities of Houston and Galveston do not have a
waterfront comparable to La Porte's waterfront; and
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The present City of La Porte management is now pursuing
development projects (e.g., golf course, annexation to the
south) that can be positioned in a visionary development
strategy.
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Action plan. Our report would provide a framework for develop-
ing a detailed economic development plan. In addition, we
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;o,"G'!Peat Marwick
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Mr. Robert T. Herrera
City of La Porte
June 17, 1988
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would provide an implementation plan which would target spec-
ific projects of potential development, prioritize the develop-
ment in terms of anticipated costs versus potential benefits,
identify responsibility for development of the. projects and
suggest a timeframe for implementation.
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The report would also provide the following benefits:
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Identification of the attributes of the La Porte area and
industries for which there area satisfies critical loca-
tion requirements;
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Identification of existing and potential barriers 1n at-
tracting new and expanding existing industries to the
area;
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Analysis of the City's existing and potential resources
that would be directed toward a planned economic develop-
ment strategy; and
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Development of strategic plan for the implementation of
the recommended economic development objectives.
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/(P~G1Peat Marwick
Mr. Robert T. Herrera
City of La Porte
June 17, 1988
5
We appreciate the opportunity to present this proposal to the City of La
Porte and look forward to working with you on this important project. If
you have any questions, please contact me at (713) 221-0214.
Very truly yours,
.
tJ:JJ:c. r;r2 ( ~
William C. Lenhart, Jr.
Principal
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Accepted by:
THE CITY OF LA PORTE
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Name:
:I
Title:
Date:
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CITY OF LA PORTE
Table of Contents
- BACKGROUND AND OBJECTIVES......................... I-1
- APPROACH.......................................... 11-1
- QUALIFICATIONS.................................... III-3
- PROJECT STAFFING.................................. IV-1
- TIMING AND FEES................................... V-1
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I - BACKGROUND AND OBJECTIVES
The City of La Porte was once considered the "Gold Coast" of Houston.
The City's name, which means "the door" when translated, provides an
understanding of the City's objective of becoming once again "an economic
door" for this area to the 21st century.
A community's local economy is shaped by both external and internal fac-
tors. A community generally can control and change only their internal
factors, but these can be significant factors in a community's ability to
promote economic developments. Therefore, a careful assessment is neces-
sary to understand a community's strengths and weaknesses and their re-
lationship to economic development.
Economic development is the' process of making investments in a community
to produce services and goods. These. investments in both existing and
new industrial and commercial developments in turn provide jobs and wages
for employees and tax revenues that provide local services within the
community.
The City of
omic base.
tive plans
brought to
approach.
La Porte is seeking to diversify and expand its local econ-
The recent completion of a municipal golf course and tenta-
for improvements along the City's waterfront property have
light the need for a well-defined overall economic development
La Porte is a community with good natural, human and fiscal resources.
Consequently, it "should make no small plans" but, rather, focus on its
potential to assemble a regional leadership strategy instead of a modest,
inwardly-focused one.
As evidence, we cite the following:
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The waterfront, CBD, golf course, industrial zones, residences,
land available for development, and local citizens can be
harnessed into a positive and exciting high impact strategy;
.
There are several major market trends (e.g., industrial, port
related business, leisure time recreation growth which cc:n be
harnessed to contribute positively to that focus; and
.
There is a history (e.g., "Gold
continuing major role for La Porte
mente
Coast") which supports a
ln area economic develop-
Consequently, you have asked Peat Marwick to describe how we can help
lead the City of La Porte toward new options and fresh opportunities.
Specifically, our objectives would include the following:
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Determine the best economic mix for the City of La Porte ln the
future;
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Determine the adequacy of the current development policies and
regulations of the City;
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Develop a strategy that provides the City with a framework for
designing a detailed comprehensive economic development plan;
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Define the budget and organizational responsibilities for im-
plementation of the strategy; and
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Include in the overall strategy recommendations to enhance the
City's Central Business District.
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II - APPROACH
In order to accomplish the objectives of this project, we would"complete
a series of work elements that can be summarized as follows:
Work Element I Plan and Organize the Project
Work Element II Access Community Ideas
Work Element III Analyze Current Economic Base
Work Element IV Review Economic Development Trends
Work Element V Analyze Demand
Work Element VI -Identify Target Markets and In-
dustries
Work Element VII Present Strategic Considerations
The specific tasks for each of these work elements are as follows:
Work Element I - Plan and Organize the Project
· Conduct an introductory meeting with appropriate City staff and
introduce the project team.
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Collect the necessary written documentation including:
Master Plan for the City of La Porte;
City Budget for the last three years;
List of revenue sources; and
List of area businesses and industries.
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Identify issues relevant to the proposed research programs with
particular emphasis on current and historic marketing efforts
of the City, business sector, Chamber of Commerce and other
local organizations.
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Establish direct lines of communication between the project
team and the City staff that would be participating in the
study.
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Indentify/schedule initial interviews to include both Peat
Marwick/City of La Porte personnel.
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Work Element II - Access Community Ideas
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This segment of our study would identify the attributes and con-
straints associated with economic development of the City of La
Porte. To complete this work element, we outlined the following
tasks:
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Identify appropriate groups and individuals, including:
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Mayor;
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City Council;
Chamber of Commerce;
Local political leaders;
Major industrial and service employers;
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Regional and local planners;
Neighborhood association representatives;
School district officials; and
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Business leaders.
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Finalize interview schedules.
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Conduct group and individual interviews to determine the pos-
ture relative to past and current efforts regarding the follow-
ing:
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Economic development efforts;
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Port-related businesses for potential for expanSlon (e.g.,
Barbour's Cut);
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Marketing efforts targeted towards businesses;
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Expansion of existing trends (e.g., facilitate/contain
expanSlon of heavy industry through devices like zoning);
Attributes and constraints to attracting new businesses to
the City; and
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Attributes and constraints of the City's Central Business
District.
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Evaluate feasibility for on-going community committee to
provide continuing input to the project team (e.g., La Porte
1995 Committee).
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Work Element III - Analyze Current Economic Base
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Our approach to this work element would be a concentrated analysis
of employment and labor trends and of growth in relation to"economic
development. The purpose of our analysis would be to determine what
changes in employment have occurred in the last ten years and iden-
tify emerging trends which can affect future economic development
activities.
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The tasks that we would complete including the following:
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Collect statistical census data relating to historical employ-
ment trends;
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Analyze community needs (especially regarding infrastructure)
both with current capacity and with projected changes in
industry and population;
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Evaluate non-municipal support systems (e.g., public schools)
and their ability to support current and increased community
needs;
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Identify sectors of the local economy experiencing growth ver-
sus sectors experiencing decline;
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Analyze employment trends geographically (i.e., employment
inside the Central Business District versus employment in areas
adjacent to the Central Business District); and
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Identify the distribution of the City's economy into actlvltles
that bring outside money into the local economy versus activ-
ities that consist of the provision of goods and services which
meet entirely local needs.
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Work Element IV - Review Economic Development Trends
This work element would be comprised of the following tasks:
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A review of national, state and regional trends in industrial
and economic development would be conducted, which would take
into consideration the following:
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Environmental and energy considerations;
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Compatibility of land uses;
Technological changes;
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Shifting patterns of industrial location; and
Innovation in marketing techniques.
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Of particular focus ln our analysis would be the expansion
potential or trends of investment of current industries. We
would identify future actions by area industries (e.g., new
processes) that could be located in La Porte. This " analysis
would involve:
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Interviews with local personnel;
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Interviews with headquarters personnel; and
Review of company plans.
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Based on the previous economic base analysis, an examination of
the. La Porte/southern Harris County industrial and economic
trends, especially the Bay Area communities, would be conducted
which would identify various considerations including:
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Industrial zoning and rezoning;
General development patterns;
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Characteristics of the labor force pertaining to current
employment and wage patterns;
Available community facilities and services;
Compatibility of land uses;
Service delivery areas and suppliers;
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Identified plans for expansion, contraction, and reloca-
tion;
Land ownership patterns;
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Professional and technical support services;
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The relationship of speculatively held acreage on in-
dustrial development; and
Other pertinent factors.
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Work Element V - Analyze Demand
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Our study would assess overall demand taking into consideration the
following existing supply of industrial land, commercial land, re-
creational land, employment patterns, desired industry and business
groups, and local economic development trends.
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Analyze the overall aggregate demand in terms of derived de-
mand, which is oriented almost solely to growth, as well as
replacement demand, by the following classifications:
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Industry;
Commercial;
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Residential;
Retail; and
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Recreational.
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Analyze employee place of residence versus employment to assess
in- and out-migra.t ion trends.
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Relate past trends and determine the present and future demand
for various land categories in the City's area.
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Analyze current and potential retail demand (e.g., land use
analysis) to give La Porte understanding of where there are
gaps in current retail support (e.g., major supermarkets).
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Determine the general timing and location of future economic
development activity.
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Work Element VI - Identify Target Markets and Industries
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During this segment of the study, we would meet with the designated
city staff to review our findings to date, and to assess their im-
plications for the identification of target markets for the City of
La Porte. As part of the identification process, we would:
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Identify unique development projects that could be
from within existing La Porte resources (i.e.,
manpower) .
assembled
dollars,
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Identify projects that, if not totally within La Porte, could
be augmented by external resources.
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Identify target development projects, markets and industries
that could be attracted to the City area and taking into
consideration:
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Compatabi li ty with the overall business environment and
with existing industries;
Growth industries and those requiring compatible labor
skills to the supply of labor in the region;
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Industries that would employ skilled as well as unskilled
labor;
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Industries that provide jobs for college graduates; and
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Industries for which the region satisfies critical loca-
tion requirements.
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Identify economic development attributes or barriers that exist
in the City and recommend methods that emphasize the attributes
and either correct or minimize the barriers.
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Work Element VII - Present Strategic Considerations
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As a result of these efforts, our final work element would
incorporate the following:
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Strategic considerations and ideas.
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Options available to the City in pursuing these considerations
and ideas.
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Cost-benefit analysis associated with each option.
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The result for the City would be the translation of information,
sifted by experience, well-placed know-how on the project team, into
dynamic opportunities for the City. Our results would be designed
to:
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· Work.
· Yield practical short- and long-term results.
· Be above the ordinary "off-the-shelf" paper plans.
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Involve people more likely to work through tough implementa-
tion.
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Offer fresh "visions" for the future.
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We would not prepare a lengthy,
Instead, we would provide a series
be developed in further work steps.
this project, to assist the City in
ations through:
static document at this point.
of ideas and options that could
We are prepared, subsequent to
implementing strategic consider-
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· Detailed analysis of specific project alternatives; and
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Hands-on implementation and/or guidance of projects, including:
Implementation planning and monitoring;
Resource analysis; and
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Budgeting.
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III - QUALIFICATIONS
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After a careful review of the requirements of this project, we determined
that the best approach was to form a team with specific expertise or
attributes as follows:
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National reputation for providing quality municipal government
consulting services;
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Experience in performing economic feasibility studies and de-
tailed market assessments;
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Representati ves who have served in municipal governments and
economic development organizations;
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Expertise in conducting urban and regional planning studies;
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Experience in analyzing organizational
developing strategies and plans; and
and
requirements
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Project team members who understand the unique economic en-
vironment of the Texas Gulf Coast.
As a result, we have assembled a team of senior experts, which would
provide the City of La Porte with a quality strategic planning docu-
ment.
The two firms, the roles each would play, the nature of their ex-
perience and the benefits each provides the City of La Porte are as
follows:
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Peat Marwick Main & Co. Peat Marwick would serve as project
director and provide the experience and reputation of senior
professionals special izing in municipal governments and eco-
nomic molding and planning. Peat Marwick would provide ex-
pertise in the areas of:
Financial resource assessment;
Economic impact; and
Trend analysis.
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Donald D. Moyer and Associates.
and CEO of the Houston Economic
insight into the intricacies
economic development objectives
to realize those objectives.
Donald Moyer, former president
Development Council, provides
associated with identifying
and developing a strategic plan
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Donald Moyer would assist Peat Marwick ln defining potential
market development opportunities and designing strategic
considerations based on the analysis of data collected by Peat
Marwick.
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A discussion of each firm's qualifications follows along with a
representative client and/or direct experience listing.
Peat Marwick Main & Co. Peat Marwick has significant exper-
ience in projects similar to that which is anticipated for the
City of La Porte. A list of representative ~ngagements is
detailed below:
Austin Chamber of Commerce/Austin Area Research Organiza-
tion. Peat Marwick was engaged to evaluate the economic
and financial consequences on municipal finance in the
City of Austin of a proposed $950 million bond issue. We
constructed computer models allowing an evaluation of the
financial consequences of the bond issue assuming al ter-
native rates of growth. Please contact:
Mr. Lee Cooke
(former president and, currently, Mayor of Austin)
Austin Chamber of Commerce
90l West Riverside Drive
Austin, Texas 78701
(512) 478-9283
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Travis County Housing Finance Corporation. We were en-
gaged by Shearson Lehman/American Express, underwri ters,
on behalf of the Travis County Housing Finance Corporation
to evaluate the demand for single-family mortgage funds in
Travis County, excluding the City of Austin. Our study
included an analysis of socio-economic trends affecting
house demand, the supply of existing and anticipated hous-
ing, mortgage market factors, and other matters. Please
contact:
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Mr. Jerry McGregor
Senior Vice President
Shearson Lehman/American Express, Inc.
Two World Trade Center
New York, New York 10048
(2l2) 32l-6000
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Austin Industrial Interests. Peat Marwick was retained by
Austin Industrial Interests on behalf of the 3M Company to
evaluate the financial consequences for the City of Austin
of a potential annexation of an area including the site of
a proposed 3M Company facility. Our study included an
analysis of development trends in the area by type of
development, and an estimate of anticipated municipal
costs and revenues associated with annexation and service
to the area. The per capita cost method was utilized in
the analysis. Please contact:
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Mr. Daron Butler
Austin Industrial Interests
315 Littlefield Building
Austin, Texas 78101
(512) 480-8866
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City of Austin. Peat Marwick, in conjunction with Skid-
more, Owings & Merrill, was engaged by the City of Austin
to conduct a feasibility and site selection study for a
proposed civic event facility. We determined the approp-
riate facilities for both convention and cultural arts
acti vi ties, estimated utilization and operating revenues
and expenses, and evaluated debt capacity options.
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We were subsequently engaged by the City to evaluate add-
itional site options and to determine the operating per-
formance and financing techniques of comparable facil-
ities. Please contact:
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Mr. John Ware
Assistant City Manager
City of Austin
Post Office Box 1088
Austin, Texas 78767
(512) 499-2207
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City of Killeen. Peat Marwick completed a market study
and preliminary economic analysis for a proposed multi-
purpose civic center for the Killeen Chamber of Commerce.
We recommended the size of facilities supported by market
demand and estimated utilization and operating revenues
and expenses. We concluded that the facility should be
located adjacent to the proposed Vice Les Arts Society
cultural arts center and should maximize potential util-
ization by sharing facilities and marketing efforts.
Please contact:
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Ms. Joanie Duncan
Director, Visitors & Convention Bureau
Greater Killeen Chamber of Commerce
507 North 8th Street
Killeen, Texas 7654l
(817) 526-955l
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Communi ty Redevelopment Agency (CRA - Los Angeles. Peat
Marwick assisted the CRA with numerous financial and mar-
ket studies for redevelopment projects in Los Angeles. We
helped the agency structure innovative public and private
joint venture development agreements, including the sale
of air rights for the Library Square project. Please
contact:
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Mr. Henry Madrid
Director of Real Estate
Community Redevelopment Agency
(213) 977-1600
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Los Angeles Community Development Commission. Peat
Marwick was retained to assist the Community Development
Commission in analyzing the potential for air rights de-
velopment on a site owned by the Los Angeles County Museum
of Arts. The Museum Associates intend to lease the air
rights to a developer who would construct an office build-
ing and parking lot to serve the new museum expansion. Our
analysis included a preliminary market review, RFP prep-
aration, financial modeling to evaluate proposals, evalua-
tion of development qualifications and assistance in lease
negotiations. Please contact:
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Mr. Philip Delao
Project Manager
Los Angeles County Community Development Commission
(213) 725-7459
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Fontana Development Agency. Peat Marwick was retained to
review this innovative transaction involving a joint ven-
ture between a private developer and the Fontana Develop-
ment Agency. Our services included a review of market
studies for reasonableness, analysis of financial projec-
tions and cost estimates, a review of the proposed deal
structure, and an analysis of potential financial implica-
tions for the agency. Please contact:
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Mr. Neil Stone
Director
Fontana Development Agency
(7l4) 350-7681
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San Antonio Development Commission - San Antonio, Texas.
Residential market analysis for mass downtown general
plant and River Corridor study.
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City of Phoenix, Arizona. In conjunction with Keyser-
Marston Associates, Inc., we prepared market analysis,
including residential, office, retail, hotel and rec-
reation/entertainment uses for a downtown development
plan.
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City of Buena Park - Buena Park, California. Assisted in
the preparation of the City's Housing and Community Dev-
elopment application. The essential element of the pro-
gram was the preparation of an action plan used to stim-
ulate additional development in the City.
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City of San Luis Obispo - San Luis Obispo, California.
Prepared an economic base analysis for the City's updated
general plan. In addition to market demand analysis for
major land uses, we determined the economic impact of
tourism and Cal Poly on the community.
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Matanuska-Susitna Borough, Alaska.
prehensi ve tourism master plan for
local economic development.
Development of a com-
purposes of promoting
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Wainae District Economic Development Plan Oahu,
Hawaii. Assessment of the economic development
opportunities for the Wainae district. The study
identified opportunities for economic growth in the Wainae
district including industrial, agricultural, retail-
commercial, tourism and residential uses. Based on the
assessment, an economic development plan for the Wainae
district was prepared delineating county programs and
projects that could stimulate the development of economic
opportunities benefiting Wainae district residents.
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Kaka'ako Development Plan - Oahu, Hawaii. As part of the
Hawaii Community Development Authority's planning program
for Kaka' ako, Peat Marwick served as a subconsul tant to
one .of the two Phase III consulting consortiums. In this
regard, Peat Marwick provided financial and economic
planning assistance in the preparation of the development
plan alternatives.
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Oahu Economic Development Program Planning Oahu,
Hawaii. Peat Marwick provided assistance in setting up an
economic development program planning group for
Honolulu. The Firm also participated in the preparation
of an economic development strategy for the City based on
an assessment of the city's economic development needs and
opportunities. The strategy sets forth goals and
objectives as well as programs and projects that the City
could pursue to stimulate Oahu's economic development.
Dubuque Area Economic Committee
Preparation of a five year economic
for the Dubuque area.
Dubuque, Iowa.
development strategy
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Donald D. Moyer and Associates. Mr. Moyer brings twenty years
of "hands-on".. experience as an economic development
professional. His specific experience includes the following:
President and Chief Executive Officer at the Houston
Economic Development Council;
Director of Maryland Economic Growth Associates, Inc.
(MEGA) where he was a key leader in Baltimore's successful
waterfront, retail and employment re-developments;
Director of Governors Office of Economic and Community
Development, State of West Virginia;
Vice President of Civic Affairs of the J.L. Hudson Company
(Detroit);
Chief Executive Officer of the Greater Scranton Chamber of
Commerce, Scranton, Pennsylvania and its related land
development and finance companies;
Senior Economic Advisor to John D. Rockefeller, IV; and
Executive Director of the Economic Development Council for
Northeastern Pennsylvania.
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IV - PROJECT STAFFING
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Given the significance of this project both to the City of La Porte and
the entire region, Peat Marwick has assembled a project team of senior
staff, in concert with Donald D. Moyer & Associates. The project team
includes the following:
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Gary Miglicco
Partner-in-charge of our
office. Gary was raised
Area and brings 20 year~
experience to the project
Bay Area
ln the Bay
of area work
team.
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As the audit
is familiar
available to
affe!:ting City
partner for the City, he
, 'with. the resources
the City and trends
operations.
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Bill Lenhart
Partner-in-charge of our Houston-
Galveston consulting practice. As a
former city council member, Bill has an
understanding of municipal needs and
constraints from "both sides of the
table".
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Phil Barnes -
Regional partner-in-charge of financial
analysis. Phil has conducted numerous
analyses for various municipalities
throughout the Southwest.
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Don
Moyer
Economic development specialist.
Former president of both the Houston
and Baltimore economic development
councils. Don is a recognized expert
and implementer of creative development
ideas.
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Don's involvement enables Peat Marwick
to offer more than just a paper report.
His practical experience brings the
ability to implement our recommenda-
tions in concert with City staff.
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JOINT PARTICIPATION
Since we want to work closely with the City staff on this project, we
request joint participation by 1-2 key staff members. the purposes of
this participations are as follows:
· Train City staff ln certain information development and
analysis techniques;
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Assure continuing residual knowledge
conclusion of the project and, hence,
in developing a regional strategy; and
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by City staff at the
enhance the City's role
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Increase the overall understanding within both the City and
community of economic development opportunities and techniques.
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v - TIMING AND FEES
Given the importance of this project and its influence on upcoming City
budget discussions, we are prepared to complete the project within 6-8
weeks of receiving your verbal authorization to proceed. This timeframe
assumes the involvement of City staff as noted in Section IV.
Our professional fees are based upon the level of skill and amount of
time necessary to complete an assignment. We estimate that our
professional fees will approximate $28,500, exclusive of expenses.
We are also reimbursed at actual cost for expenses, such as travel and
reproduction, which typically approximate 25 percent of our fees.
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CONSIDER ORDINANCE APPROVING CONTRACT FOR PROFESSIONAL
SERVICES FOR ECONOMIC DEVELOPMENT PLAN COrd. 1599) -'
R. Herrera/J. Bais
Motion carried
Motion by
Second by
VOTE:
Waters
Cooper
Matuszak
Porter
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Gay
Skelton
Clarke
Malone
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FOR
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AGAINST
ABSTAIN
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Tabled
Defeated
.
.
REOUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
09/l2/88
Requested By:
Armstrong
Department:
Legal/LPAWA
Repo rt
Resolution
xxxx
Ordinance
Exhibits:
Ordinance and Bond Resolution
SUMMARY & RECOMMENDATION
Need ordinance passed in order for La Porte Area Water Authority to sell
$5,000,000 bonds. The Bond Resolution attached to the Ordinance is the
same resolution approved by Council on August 8, 1988.
This ordinance should have been passed at the same time. We need this
in order to submit bond package to Attorney General for approval.
Action Required by Council:
Pass ordinance approving $5,000,000.00 bonds to be sold.
Availability of Funds:
General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other (Motor Pool Replacement Fund)
Account Numbe r:
Funds Available:
YES
NO
ADproved for City Council Agenda
'QJ~ T--L-~A.AJ
Robert T. Herrera
City Manager
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ORDINANCE NO.
/'00
AN ORDINANCE CONSENTING TO THE ISSUANCE AND SALE OF BONDS BY LA
PORTE AREA WATER AUTHORITY.
WHEREAS, the La Porte Area Water Authority (the "Authority")
was created as a conservation and reclamation district in Harris
County, Texas pursuant to the provisions of Article XVI, Section 59
of the Texas Constitution and Chapter 729, pages 2678 et seq. Acts
of the 67th Legislature of the State of Texas, Regular Session,
1981 (the "Act"); and
WHEREAS, Section 12(b} of the Act authorizes the Authority to
borrow money from time to time for the purposes specified in the
Act by, among other things, issuing and selling revenue bonds;
provided, however, that the Authority may borrow money only with
the prior approval of the city council (the "City Council") of the
City of La Porte (the "City"); and
WHEREAS, the Board of Directors of the Authority has informed
the City Council that the Authority desires to issue and sell its
Contract Revenue Bonds, Series 1988, in the aggregate principal
amount of $5,000,000, in order to finance the acquisition of an
undivided equity interest in the Southeast Water Purification Plant
(the "Southeast Plant") under construction by the City of Houston
and for other related purposes; and
WHEREAS, the City has entered into a Water Supply Contract
with the Authority for the City to purchase water treated at the
Southeast Plant from the Authority; and
WHEREAS, the issuance and sale of the Bonds by the District on
the proposed terms and conditions is satisfactory and in the best
interest of the City and the City Council desires to consent tot he
issuance and sale of the Bonds; therefore
BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF LA PORTE:
Section 1.
That the City Council of the City of La Porte
hereby consents to the issuance and sale by La Porte Area Water
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Ordinance No. /600 , Page 2
Authority of up to $5,000,000 of its Water Supply Contract Revenue
Bonds, Series 1988, substantially in accordance with the terms and
conditions set forth in the proposed "Resolution Authorizing the
Issuance and Sale of $5,000,000 Water Supply Contract Revenue
Bonds, Series 1988, and Authorizing an Agreement with the Paying
Agent/Registrar" attached hereto as Exhibit "A" and hereby made a
part of this Ordinance.
Section 2. That the City Council officially fines, deter-
mines, recites and declares that a sufficient written notice of the
date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall of
the City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
Civil Statutes Annotated; and that this meeting has been open to
the public as required by law at all times during which this or-
dinance and the subject matter thereof has been discussed, con-
sidered and formally acted upon. The City Council further rati-
fies, approves and confirms such written notice and the contents
and posting thereof.
Section 3. That this Ordinance shall take effect and be in
full force immediately upon and after its adoption.
PASSED AND APPROVED THIS THE DAY OF , 1988.
CITY OF LA PORTE
By:
NORMAN MALONE, Mayor
ATTEST:
By:
CHERIE BLACK, City Secretary
APPROVED:
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(C(Q)fP11
RESOLUTION AUTHORIZING THE ISSUANCE
AND SALE OF $5,000,000
CONTRACT REVENUE BONDS, SERIES 1988
AND AUTHORIZING AN AGREEMENT WITH THE
PAYING AGENT/REGISTRAR
WHEREAS, La Porte Area Water Authority (the
"Authority") was organized pursuant to the provisions of
Section 59 of Article XVI of the Constitution of the State
of Texas, by special act, namely, Chapter 729, page 2,678 et
seq., of the 67th Legislature of Texas, Regular Session,
1981 (the "Act"), and operates under the Act and Chapter 54
of the Texas Water Code, as amended; and
WHEREAS, the Act authorizes the Authority, with
the approval of the City Council of the City of La Porte, to
issue its revenue bonds, which revenue bonds may be secured
by and payable from pledges of all or any part of the
revenues, receipts or assets of the Authority or the revenues
of anyone or more leases or other contracts made; and
WHEREAS, the Board of Directors has determined
that it is appropriate to issue its first series of revenue
bonds in the aggregate principal amount of $5,000,000, the
net proceeds of which are to be used to acquire an undivided
interest in the Southeast Water Purification Plant under
construction by the City of Houston, Texas, to provide a
reliable supply of potable fresh water to serve persons and
businesses in the Authority and in certain areas in Harris,
County, Texas outside the Authority but within its authorized
service area; and
WHEREAS, the Board of Directors desires to proceed
with the issuance of such Bonds; therefore
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF LA PORTE AREA
WATER AUTHORITY THAT:
Section 1. CERTAIN DEFINITIONS
When used in this Resolution, except in Sections
3.01 through 3.04, the terms listed below shall have the
meanings indicated opposite each of them, unless otherwise
expressly provided or unless the context otherwise requires:
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"Act" shall mean Chapter 729, page 2,678 et seq.,
Acts of the 67th Legislature of the State of Texas, Regular
Session, 1981, and any future amendments thereto.
"Additional Bonds" shall mean the additional
parity bonds which the Authority expressly reserves the
right to issue in Section 8 of this Resolution which may be
issued in the future. When used in the proper context,
Additional Bonds may include refunding bonds.
"Authority" shall mean La Porte Area Water Authority,
and any other public agency succeeding to the powers,
rights, privileges and functions of the Authority and, when
appropriate, the Board of Directors of the Authority.
"Board of Directors" or "Board" shall mean the
governing body of the Authority.
"Bond" or "Bonds" shall mean any Bond or all
Bonds, as the case may be, of the issue of $5,000,000 La
Porte Area Water Authority Contract Revenue Bonds, Series
1988, dated as of June 1, 1988, authorized and issued
pursuant to this Resolution.
"Bond Fund" shall mean the Authoritv's interest
and sinking fund for the Bonds established by~section 7.01
of this Resolution.
"Construction Fund" shall mean the fund of the
Authority established pursuant to Section 7.01 of this
Resolution into which the balance of the proceeds of the
sale of the Bonds shall be placed.
"Contingency Fund" shall mean the fund established
pursuant to Section 7.01 hereof and to be maintained pursuant
to Section 7.06 hereof as long as the Bonds and any Additional
Bonds are outstanding.
"Distribution System" shall mean those facilities
used to transport treated surface water from the termination
of the Transmission System to each Participant's take point.
"Government Obligations" shall mean direct obliga-
tions of, or obligations the full and timely payment of the
principal of and interest on which are unconditionally
guaranteed by, the United States of America, which are
non-callable and which at the time of investment are legal
investments for the Authority under the laws of the State of
Texas for the moneys proposed to be invested therein.
022DESAO/024COS
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"Houston" shall mean the City of Houston, Texas.
"Houston Contract" shall mean the contract effectivd
as of December 4, 1987, pursuant to which the Authority has
agreed to purchase an undivided interest in the Southeast
Plant and has agreed to purchase potable treated surface
water from the Southeast Plant.
"Initial Bond(s)" shall mean the Bonds numbered
from T-l through T-25 as provided for in Section 2.02.
"La Porte" shall mean the City of La Porte, Texas.
"MGD" shall mean million gallons per day. As used
in this Resolution, "MGD" shall refer to a quantity of water
during a period of time expressed for convenience in terms
of an average daily quantity during a calendar month (unless
a different period of time is specified).
"Net Revenues" shall mean all Revenues received by
the Authority less the Operating and Maintenance Expenses of
the Authority.
"Operating and Maintenance Expenses" shall mean
all costs incurred by the Authority in providing potable
water to the Participants under the Water Sales Contracts
(except for amounts funded by the proceeds of Bonds or
Additional Bonds, debt service on such Bonds or Additional
Bonds and amounts required to fund the Reserve Fund, the
Contingency Fund and the Rebate Fund), including all operation
and maintenance costs billed to the Authority by Houston,
all operating and maintenance costs incurred by the Authority
related to the Transmission System and the Distribution
System, all administrative costs incurred by the Authority
and the cost of all insurance maintained by the Authority.
"Participants" shall mean (a) La Porte, the
Bayshore Municipal Utility District, the City of Morgan's
Point, Texas, and the City of Shoreacres, Texas, all of
which are located entirely within Harris County, Texas, and
each of which has executed a Water Sales Contract with the
Authority; and (b) any customer who executes a Water Sales
Contract with the Authority from and after the date of
execution of such contract.
"Paying Agent/Registrar" shall mean First City
National Bank of Houston, Houston, Texas, or its successor
appointed pursuant to Section 2.08.
022DESAO/024C05
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"Rebate Fund" shall mean the special fund or
account established and to be maintained pursuant to Section
7.01 hereof for the benefit of the United States of America
and the Authority, as their interests may appear.
"Reserve Fund" shall mean the special fund or
account established and to be maintained pursuant to Section
7.01 hereof for the benefit, and to secure the payment, of
the Bonds and any Additional Bonds.
"Reserve Fund Amount" shall mean the amount
required to be accumulated and maintained in the Reserve
Fund under the provisions of Section 7.04.
"Revenue Fund" shall mean the fund or account
created pursuant to Section 7.01 hereof and to be maintained
pursuant to Section 7.02 hereof so long as the Bonds and any
Additional Bonds are outstanding.
"Revenues" shall mean (a) all income, fees and
charges received by the Authority from the Participants
pursuant to the Water Sales Contracts and (b) earnings and
income derived from the investment of moneys in any funds or
accounts (other than the Construction Fund and the Rebate
Fund) created and maintained by the Authority in connection
with the Authority's operations under the Water Sales
Contracts, and including particularly the special funds
created hereunder for the payment and security of the Bonds.
"Southeast Plant" shall mean the Project described
in the Houston Contract generally, and specifically described
in Exhibit "B" to the Houston Contract.
"Transmission System" shall mean those facilities,
including pipelines, easements, pumping and other devices to
deliver treated surface water from the take point at the
Southeast Plant to the points at which the water is delivered
to the Distribution System, whicn includes necessary storage
and pumping facilities to deliver water to each Participant.
"Water Sales Contracts" shall mean the contracts
between the Authority and each of the Participants, all of
which are, or shall be, in substantially similar form.
022DESAO/024COS
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Section 2. DESCRIPTION OF BONDS
The authorization and description of the Bonds and
designation of certain rights respecting the Bonds shall be
as follows:
2.01. Bond Amount, Name and Purpose. The Authority's
Bonds to be designated as "LA PORTE AREA WATER AUTHORITY
CONTRACT REVENUE BONDS, SERIES 1988," are hereby authorized
to be issued and delivered in accordance with the Constitution
and laws of the State of Texas, in particular the Act and
Chapter 54 of the Texas Water Code, as amended, in the
principal amount of $5,000,000 for the purpose of purchasing
an undivided interest in the Southeast Plant. The Authority
hereby designates the Bonds to be- a "qualified tax-exempt
obligation" within the meaning of Section 265(b) (3) (B) of
the Internal Revenue Code of 1986, as amended (the "Code").
2.02. Form, Numbers, Date and Denominations. The
Bonds shall be issued and delivered in fully registered form
without coupons, shall be dated as of June 1, 1988 (the
"Initial Date"), and shall each be in denominations of
$5,000 or any integral multiple thereof (up to the maximum
principal amount of the Bonds maturing in the year involved).
Initially, there shall be 25 Bonds numbered consecutively
from T-1 through T-25 in order of their maturity, each in
the principal amount set opposite the year of maturity in
the schedule set forth in Section 2.03. Bonds registered
and delivered in exchange for any of the Initial Bonds
surrendered for transfer or exchange shall be numbered from
R-1 upward in the order that they are authenticated and
delivered by the Paying Agent/Registrar.
2.03. Interest, Maturity and Payment. The Bonds
shall bear interest (computed on the basis of a 360-day year
of twelve 30-day months) from the date of delivery, payable
June 1, 1989, and each December 1 and June 1 thereafter
until the princip&l sum is paid in full. Payment of interest
shall be made to the registered owner of each Bond as shown
on the Bond Register provided for in Section 2.05 hereof as
of the 15th day of the calendar month next preceding the
interest payment date by check or draft mailed by the Paying
Agent/Registrar to the address of each such owner as it
appears on such Bond Register on the date aforesaid. The
Bonds shall mature and become payable, subject to prior
redemption in accordance with the provisions of Section 2.04
hereof, on December 1 in each of the years and in the
principal amount set forth in the schedule below and shall
022DESAO/024C05
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bear interest at the respective rates per annum set forth
opposite the year of maturity in such schedule, to-wit:
Year of Principal Interest
Maturity Amount Rate
1991 $ 80,000 4.95%
1992 85,000 5.15%
1993 90,000 5.35%
1994 95,000 5.55%
1995 105,000 5.75%
1996 110,000 5.95%
1997 120,000 6.10%
1998 125,000 6.25%
1999 135,000. 6.40%
2000 145,000 6.50%
2001 155,000 6.60%
2002 165,000 6.70%
2003 180,000 6.80%
2004 190,000 6.85%
2005 205,000 6.90%
2006 220,000 6.95%
2007 235,000 6.95%
2008 250,000 6.95%
2009 265,000 6.95%
2010 285,000 7.00%
2011 305,000 7.00%
2012 330,000 7.00%
2013 350,000 7.05%
2014 375,000 7.05%
2015 400,000 7.05%
The principal of the Bonds shall be payable, without exchange
or collection charges, in any coin or currency of the United
States of America which, on the date of payment thereof, is
legal tender for the payment of debts due the United States
of America, upon their presentation and surrender as they
become due or at their earlier redemption date, if any, at
the principal office of the Paying Agent/Registrar.
2.04. Redemption of Bonds. The Authority reserves
the right to redeem, in whole or from time to time in part,
all of the Bonds on December 1, 1998, or any interest
payment date thereafter, by paying the principal thereof and
accrued interest thereon. The Authority shall, at least 45
days prior to the date fixed for redemption (unless a
shorter notice shall be satisfactory to the Paying
Agent/Registrar), notify the Paying Agent/Registrar of such
022DESAO/024C05
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date and, if less than all of the Bonds within any maturity
are to be redeemed, the particular Bonds within each maturity
to be redeemed. The registered owner of any Bond, all or a
portion of which has been called for redemption, shall be
required to present such Bond to the Paying Agent/Registrar
for payment of the principal of, and accrued interest on,
that portion of the Bond called for redemption; provided,
however, upon the surrender of any such Bond, the Authority
shall execute and the Paying Agent/Registrar shall authenti-
cate and deliver to the registered owner thereof a new Bond
or Bonds of the same maturity in an aggregate principal
amount equal to the unredeemed portion of the Bond surren-
dered. Notice of redemption shall be given by mailing a
copy thereof by first class mail, postage prepaid, at least
30 days prior to the date fixed for redemption to the
registered owner of each Bond to be redeemed in whole or in
part at the address of such owner on the Bond Register;
provided, however, that failure to give such notice, or any
defect therein, shall not affect the validity of the proceed-
ings for the redemption of any Bond or portion thereof with
respect to which no such failure or defect has occurred.
Any notice mailed as provided in this Section 2.04 shall be
conclusively presumed to have been duly given, whether or
not the registered owner receives the notice. Prior to the
date fixed for redemption, the Authority shall deposit, or
cause to be deposited, with the Paying Agent/Registrar,
funds sufficient to pay in full the principal of all Bonds
or portions thereof called for redemption, together with
accrued interest thereon to the redemption date. Any Bond
or Bonds duly called for redemption, due provision for the
full payment of which has been timely made, shall cease to
bear interest from and after the date fixed for redemption.
2.05. Transfers and Exchanges of the Bonds. The
Authority shall cause to be kept at the principal office of
the Paying Agent/Registrar a register (the "Bond Register")
in which, subject to such reasonable regulations as the
Authority and the Paying Agent/Registrar may prescribe,
registration of the Bonds and transfers of the Bonds shall
be made as provided herein. Upon surrender for transfer of
any Bond at the principal office of the Paying Agent/Registrar,
the Authority shall execute and the Paying Agent/Registrar
shall authenticate and deliver, in the name of the designated
transferee or transferees, one or more new Bonds of the same
maturity, of any authorized denominations, bearing the same
rate of interest and of a like aggregate principal amount.
At the option of the registered owner of any Bond, it may be
exchanged for other Bonds of the same maturity, of any
authorized denominations, bearing the same rate of interest,
022DESAO/024COS
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and of like aggregate principal amount, upon surrender of
the Bond to be exchanged at the principal office of the
Paying Agent/Registrar. Whenever any Bond is so surrendered
for exchange, the Authority shall execute, and the Paying
Agent/Registrar shall authenticate and deliver, the Bonds
which the registered owner of the Bond making the exchange
is entitled to receive. All Bonds issued upon any transfer
or exchange of any Bond shall be the valid obligations of
the Authority, evidencing the same debt and entitled to the
same benefits under this Resolution, as the Bond surrendered
upon such transfer or exchange. Every Bond presented or
surrendered for transfeL or exchange shall be duly endorsed,
or be accompanied by a written instrument of transfer in
form satisfactory to the Paying Agent/Registrar duly executed,
by the registered owner thereof or his attorney duly au-
thorized in writing. No service charge shall be made to the
registered owner for any registration, transfer or exchange
of Bonds, but the Authority or the Paying Agent/Registrar
may require payment of a sum sufficient to cover any tax or
other governmental charge that may be imposed in connection
with any transfer or exchange of Bonds. Neither the Authority
.nor the Paying Agent/Registrar shall be required to transfer
or exchange any Bond during the period of 15 days next
preceding any interest payment date or to transfer or
exchange any Bond during the 3D-day period prior to the date
set for redemption of such Bond.
2.06. Ownership of the Bonds. The Authority, the
Paying Agent/Registrar and any other person may treat the
individual, firm or corporation in whose name any Bond is
registered on the Bond Register as the absolute owner of
such Bond for the purpose of making and receiving payment of
the principal thereof and interest thereon and for all other
purposes, whether or not such Bond is overdue, and neither
the Authority nor the Paying Agent/Registrar shall be bound
by any notice or knowledge to the contrary. All payments
made to any such person, firm or corporation deemed to be
the owner of any Bond in accordance with this Section 2.06
shall be valid and effectual and shall discharge the liabil-
ity of the Authority and the Paying Agent/Registrar to the
extent of the sums paid.
2.07. Execution of the Bonds. The Bonds shall be
executed on behalf of the Authority by the President or Vice
President of the Board under the seal of the Authority
attested by the Secretary or Assistant Secretary of the
Board. Each such signature may be manually executed or
placed in facsimile on the Bonds, and the Authority's seal
may be manually impressed, printed or otherwise placed on
022DESAO/024COS
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the Bonds. Bonds receiving the manual or facsimile signa-
tures of individuals who were at the time the duly elected
or appointed officers of the Authority shall be binding upon
the Authority notwithstanding such individuals or any of
them shall cease to hold such offices prior to the certi-
fication, registration, authentication or delivery of such
Bonds or shall not have held such office on the date of such
Bonds, all as provided in the Act and the Bond Procedures
Act of 1981, as amended. The Initial Bonds, each payable to
the purchaser named in Section 14 hereof, shall be executed
and submitted to the Attorney General of Texas for approval,
and thereupon certified by the Comptroller of Public Accounts
of the State of Texas by his manual signature or by the
manual signature of one'of his deputies thereunto duly
authorized. No Bond authorized by this Resolution shall be
entitled to any right or benefit hereunder, or be valid or
obligatory for any purpose unless the Comptroller of Public
Accounts of the State of Texas or his duly authorized agent
shall have executed a Registration Certificate substantially
in the form of the Registration Certificate of Comptroller
of Public Accounts set forth in Section 3.02 hereof or the
Paying Agent/Registrar shall have executed a Certificate of
Authentication substantially in the form of the Certificate
of Authentication of Paying Agent/Registrar set forth in
Section 3.03 hereof, and either such executed certificate
upon any Bond shall be conclusive evidence that such Bond
has been executed and delivered pursuant to this Resolution.
2.08. Paying Agent/Re~istrar. The Authority
covenants at all times to mainta1n a Paying Agent/Registrar
for the Bonds meeting the qualifications herein set forth,
and, subject to the remaining provisions of this Section
2.08, hereby appoints First City National Bank of Houston,
Houston, Texas, initially to serve in such capacity. The
form, terms and provisions of the proposed Agreement between
the Authority and First City National Bank of Houston,
Houston, Texas, providing for such appointment, a draft of
which is attached to this Resolution as Exhibit A, are
hereby approved in all respects, and the President or Vice
President and Secretary or Assistant Secretary of the Board
are hereby authorized and directed to execute and deliver an
agreement substantially in the form of such Agreement, with
such changes therein as the officers executing the same
shall, as evidenced by their signatures thereon, approve.
The Authority expressly reserves the right to appoint one or
more successor Paying Agent/Registrars by (1) filing with
the Paying Agent/Registrar then serving a certified copy of
a resolution or order giving notice of the termination of
the Authority1s agreement with such Paying Agent/Registrar
022DESAO/024COS
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and appointing a successor and (2) giving notice to all of
the registered owners of the Bonds and to the Municipal
Advisory Council of Texas or its successor. Every Paying
Agent/Registrar appointed hereunder shall at all times be a
corporation organized and doing business under the laws of
the United States of America or of any State, authorized
under such laws to exercise trust powers, and subject to
supervision or examination by federal or state authority.
2.09. Mutilated, Lost, Destroyed or Wrongfully
Taken Bonds. If (1) any mutilated Bond is surrendered to
the Paying Agent/Registrar, or (2) the Authority and the
Paying Agent/Registrar receive evidence to their satisfac-
tion of the destruction, loss or theft of any Bond, and (a)
there is delivered to the Authority and the Paying Agent/
Registrar such security or indemnity as may be required by
them to save each of them harmless and (b) the Authority and
the Paying Agent/Registrar have no notice that such latter
Bond has been acquired by a bona fide purchaser, then and in
either such event the Authority shall execute and upon its
request the Paying Agent/Registrar shall register and
deliver, in exchange for or in lieu of any such mutilated,
destroyed, lost or stolen Bond, a new Bond of the same
maturity and of like tenor, interest rate and principal
amount, bearing a number not contemporaneously outstanding.
Upon the issuance of any new Bond under this Section 2.09,
the Authority may require the payment by the registered
owner thereof of a sum sufficient to cover any tax or other
governmental charge that may be imposed in relation thereto
and any other expenses (including the fees and expenses of
the Paying Agent/Registrar) connected therewith. Every new
Bond issued pursuant to this Section 2.09 in lieu of any
mutilated, destroyed, lost or stolen Bond shall constitute a
replacement of the prior obligation of the Authority,
whether or not the mutilated, destroyed, lost or stolen Bond
shall be at the time enforceable by anyone, and shall be
entitled to all the benefits of this Resolution equally and
ratably with all other outstanding Bonds.
Section 3. FORM OF BONDS AND CERTIFICATES THEREON
The form of the Bonds, including the form of
Registration Certificate of the Comptroller of Public
Accounts of the State of Texas to be typed or printed on
each of the Initial Bonds only, and the form of Certificate
of Authentication of the Paying Agent/Registrar to be typed
or printed on all of the Bonds other than the Initial Bonds
shall be, respectively, substantially as set forth in this
Section with such appropriate insertions, omissions,
022DESAO/024COS
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substitutions and other variations as are permitted or
required by this Resolution and may have such letters, .
numbers or other marks of identification (including identifying
numbers and letters of the Committee on Uniform Securities
Identification Procedures of the American Bankers Association)
and such legends and endorsements (including the reproduction
of an opinion of counsel), thereon as may, consistently
herewith, be established by the Authority or determined by
the officers executing such Bonds as evidenced by their
execution thereof.
3.01.
Form of Bond.
Registered
No.
Registered
$
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTY OF HARRIS
LA PORTE AREA WATER AUTHORITY
CONTRACT REVENUE BOND
SERIES 1988
Interest Rate
Due
December 1,
Initial Date
June 1, 1988
La Porte Area Water Authority, in the County of
Harris, State of Texas (the "Authority"), for value received,
hereby promises to pay to
or registered assigns, on the due date shown above, the sum
of DOLLARS,
and to pay interest thereon, at the rate specified above,
from the date of delivery, beginning June 1, 1989, and semi-
annually thereafter on June 1 and December 1 of each year
until the principal sum shall have been paid, such interest
to be computed on the basis of a 360-day year of twelve
30-day months. The principal of this Bond is payable in
lawful money of the United States of America, without
exchange or collection charges, at the principal corporate
trust office of First City National Bank of Houston, Houston,
Texas, or its successor (the "Paying Agent/Registrar") upon
presentation and surrender of this Bond. The interest on
this Bond payable on any interest payment date will be paid
022DESAO/024C05
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to the person, firm or corporation in whose name this Bond
is registered at the close of business on tDe 15th day of
the calendar month next preceding such interest payment date
by check or draft dated as of the interest payment date and
mailed to such registered owner.
* * * * * * * * * *
(Additional Provisions of the Bonds)
(To be typed on the face of the
Initial Bonds and all non-printed Bonds
and printed, on the back
of all printed Bonds)
THIS BOND is one of the series specified in its
title issued in the aggregate principal amount of $5,000,000
(the "Bonds") pursuant to a Resolution (the "Bond Resolu-
tion") duly adopted by the Board of Directors of the Authority
for the purpose of purchasing an undivided interest in the
Southeast Water Purification Plant under construction by the
City of Houston, Texas, under and in the strict conformity
with the Constitution and laws of the State of Texas,
including without limitation Chapter 729, pages 2,678 et
seq., Acts of the 67th Legislature of Texas, Regular Session,
1981, and Chapter 54 of the Texas Water Code, as amended.
Capitalized terms used herein have the respective meanings
assigned to them in the Bond Resolution.
The Authority expressly reserves the right to
issue additional bonds on a parity in all respects with the
Bonds, in accordance with the terms and conditions set forth
in the Bond Resolution.
The Bonds, together with any additional bonds
issued by the Authority on a parity with the Bonds, are
payable solely from and secured by a lien on and pledge of
the Net Revenues of the Authority. Reference is hereby made
to the Bond Resolution for a description of the covenants by
which the Bonds are secured, the respective rights there-
under of the registered owners of the Bonds and the Authority
and the terms upon which the Bonds are, and are to be,
authenticated and delivered.
The Bonds do not constitute a legal or equitable
pledge, charge, lien or encumbrance upon any property or
assets of the Authority other than the Net Revenues and
other moneys and securities pledged under the Bond Resolution.
The owner hereof shall never have the right to demand
payment of this obligation from any other revenues or
022DESAO/024C05
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properties of the Authority, or from any funds raised or to
be raised by taxation by the Authority, the City of La
Porte, Texas, the State of Texas or any subdivision of any
of them.
The Authority has reserved the right to redeem, in
whole or from time to time in part, all of the Bonds on
December I, 1998, or any interest payment date thereafter,
by paying the principal thereof and accrued interest thereon.
If less than all of the Bonds are to be redeemed, the
Authority shall designate the principal amount of Bonds of
each maturity to be redeemed and the particular Bonds within
each maturity in integral multiples of $5,000. At least 30
days' prior notice of any such redemption shall be given by
mail as provided in the' Bond Resolution. Any Bond or Bonds
duly called for redemption, due provision for the full
payment of which has been timely made, shall cease to bear
interest from and after the date fixed for redemption.
As provided in the Bond Resolution and subject to
certain limitations therein set forth, this Bond is transfer-
able on the Bond Register of the Authority, upon surrender
of this Bond for transfer at the principal office of the
Paying Agent/Registrar, duly endorsed, or accompanied by a
written instrument of transfer in form satisfactory to the
Paying Agent/Registrar duly executed, by the registered
owner hereof or his attorney duly authorized in writing, and
thereupon one or more new fully registered Bonds of the same
maturity, of authorized denominations, bearing the same rate
of interest and for the same aggregate principal amount will
be issued to the designated transferee or transferees.
. Neither the Authority nor the Paying Agent/Registrar
shall be required (I) to transfer or exchange this Bond
during the period of 15 calendar days next preceding any
interest payment date or (2) to transfer or exchange this
Bond during the 30-day period prior to the date fixed for
redemption of this Bond.
The Authority, the Paying Agent/Registrar and any
agent of either of them may treat the person, firm or
corporation in whose name this Bond is registered as the
owner hereof for the purpose of receiving payment as herein
provided and for all other purposes, whether or not this
Bond be overdue, and neither the Authority, the Paying
Agent/Registrar nor any such agent shall be affected by
notice or knowledge to the contrary.
022DESAO/024C05
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It is hereby certified, covenanted and represented
that all acts, conditions and things required to ~xist or to
be performed or done precedent to or in the issuance of this
Bond in order to render the same a legal, valid and binding
obligation of the Authority have been performed, exist and
have been done in regular and due time, form and manner, as
required by law, and that the issuance of the Bonds does not
exceed any constitutional or statutory limitation. This
Bond shall be construed in accordance with and shall be
governed by the laws of the State of Texas.
* * * * * * * * * *
(Legend "to be printed on the
face of all printed Bonds)
REFERENCE IS HEREBY MADE TO FURTHER PROVISIONS OF
THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH FURTHER
PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF
FULLY SET FORTH IN THIS PLACE.
* * * * * * * * * *
(Additional paragraph to be typed
on Initial Bonds only)
This Bond shall not be entitled to any right or
benefit under the Bond Resolution, or be valid or become
obligatory for any purpose, unless the Comptroller of Public
Accounts of the State of Texas or his duly authorized agent
shall have executed the Registration Certificate of Comp-
troller of Public Accounts endorsed hereon.
(Additional paragraph to be typed or printed on the
face of all Bonds other than the Initial Bonds)
This Bond shall not be entitled to any right or
benefit under the Bond Resolution, or be valid or become
obligatory for any purpose, unless the Paying Agent/Registrar
shall have executed the Certificate of Authentication
endorsed hereon.
* * * * * * * * * *
IN WITNESS WHEREOF, this Bond has been signed by
the manual or facsimile signature of the President or Vice
President of the Board of Directors of the Authority and
attested by the manual or facsimile signature of the Secretary
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or Assistant Secretary of the Board of Directors of the
Authority, and the official seal of the Authority has been
manually impressed, printed or otherwise placed hereon.
LA PORTE AREA WATER
AUTHORITY
By
Vice President, Board of Directors
[Authority's Seal]
ATTEST:
Secretary, Board of Directors
3.02. Form of Registration Certificate of
Comptroller of Public Accounts.
(To be typed on the Initial Bonds only)
REGISTRATION CERTIFICATE OF
COMPTROLLER OF PUBLIC ACCOUNTS
OFFICE OF THE COMPTROLLER
OF PUBLIC ACCOUNTS
s
s
s
s
REGISTER NO. ............
THE STATE OF TEXAS
I HEREBY CERTIFY that there is on file and of
record in my office a certificate to the effect that the
Attorney General of the State of Texas has approved this
Bond, and further that this Bond has been registered this
day by me.
WITNESS my signature and seal of office this
.............................. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Comptroller of Public Accounts
of the State of Texas
(COMPTROLLER'S SEAL)
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3.03. Form of Certificate of Authentication
of Paying Agent/Registrar.
(To be typed or printed on all Bonds
other than the Initial Bonds)
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds referred to in the within
mentioned Bond Resolution.
FIRST CITY NATIONAL BANK OF
HOUSTON, as Paying Agent/
Registrar
Da ted: . . . . . . . . . . . . . . . . . . .
By. . . . . . . . . . . . . . . . . . . . . . . . . .
Authorized Signature
3.04. Form of Assignment.
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sells,
assigns and transfers unto (Print or typewrite name,
address and zip code of transferee) .....................
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.... ........ ............ ........ .................... .....
(Social Security or other identifying number:............
..................................) the within Bond and
all rights thereunder, and hereby irrevocably constitutes
and appoints ............................................
attorney to transfer the within Bond on the books kept for
registration thereof, with full power of substitution in the
premises.
DATED: ................
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.......................
NOTICE: The signature on this
assignment must correspond wit..h
the name of the registered owner
as it appears on the face of the
within Bond in every particular.
Signature guaranteed by:
Section 4. APPLICATION OF BOND PROCEEDS
Proceeds from the sale of the Bonds will be dis-
bursed in accordance with this Section.
4.01. Deposit into the Construction Fund. The
proceeds of the sale of the Bonds, as received, shall be
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deposited into the Construction Fund. Of the total deposit,
$257,000 shall be deposited into a separate "Construction
Contingency Account," and such amount shall be used solely
for the payment of (a) the purchase price of an undivided
interest in the Southeast Plant to the extent funds in the
General Account of the Construction Fund for such purpose
are insufficienti or (b) interest on the Bonds if the
Authority has insufficient Net Revenues available for such
purposes. The remainder of the amount deposited in the
Construction Fund shall be deposited into the "General
Construction Account" and shall be used for the payment of
(x) the expenses incidental to the issuance of the Bonds,
including fiscal, legal and engineering fees and expenses,
including without limitation expenses incidental to the
organization and administration of the Authority, (y) the
purchase price of an undivided interest in the Southeast
Plant in accordance with the provisions of the Houston
Contract and (z) to the extent any Bond proceeds remain
after the payment of the amounts specified in (x) or (y),
the construction, purchase and acquisition of the Distribu-
tion System and the Transmission Systemi all to the extent
authorized or permitted under applicable law.
4.02. Surplus Construction Funds. Any moneys
remaining in either the Construction Contingency Account or
the -General Construction Account of the Construction Fund
after completion of the entire Distribution System and
Transmission System and the purchase of an interest in the
Southeast Plant as provided in the Houston Contract shall be
deposited into the Reserve Fund to the extent the Reserve
Fund Amount shall not be on deposit in the Reserve Fund at
the time and, to the extent any surplus remains, such
surplus shall be deposited into the Bond Fund to be used by
the Authority to pay interest on the Bondsi provided,
however, that the aggregate amount deposited into the
Reserve Fund pursuant to this Section shall not exceed the
amount the Authority determines in good faith (after such
consultation with counsel as the Authority deems. appropriate)
will not exceed 10 percent of the proceeds of the Bonds,
within the meaning of Section 148(d) (2) of the Code.
Section 5. PLEDGE OF NET REVENUES. The Bonds and
any Additional Bonds and the interest on all such bonds are
and shall be payable from and secured by an irrevocable
first lien on and pledge of the (a) Revenues after deduction
of the Operating and Maintenance Expensesi and (b) all
moneys and investments on deposit or credited to the Bond
Fund or the Reserve Fund; and, subject only to Section 12
hereof, such Net Revenues and such moneys and investments
022DESAO/024C05
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are hereby pledged irrevocably for such purpose and are,
further pledged irrevocably to the establishment and main-
tenance of the Bond Fund, the Reserve Fund, the Rebate Fund
and the Contingency Fund.
Section 6. RATE COVENANT. The Authority covenants
and agrees with the owners of the Bonds and Additional
Bonds, if any, that
(a) it shall, subject to any restrictions con-
tained in the Water Sales Contracts, at all times fix,
maintain, charge and collect rates and charges f.or services
rendered by the Authority which will provide Revenues at
least sufficient to pay all Operating and Maintenance
Expenses and to produce Net Revenues in an amount each year
not less than:
(1) the average annual principal of and
interest on the Bonds and any Additional Bonds at
the time outstanding (although amounts shall be
paid into the Bond Fund and Reserve Fund only in
accordance with Section 7.03 and Section 7.04
hereof); and
(2) an amount necessary to make all deposits
now or hereafter required to be made into the Bond
Fund, the Reserve Fund, the Rebate Fund and the
Contingency Fund as provided herein or in the
resolutions authorizing any Additional Bonds.
(b) if the Authority should become legally liable
for any other obligations or indebtedness, the Authority
shall, to the extent permitted under the Water Supply
Contracts, fix, maintain, charge and collect additional
rates and charges for services rendered by the Authority
sufficient to establish and maintain funds for the payment
thereof.
Section 7. REVENUES AND FUNDS.
7~01. Creation of Funds. All Revenues shall be
kept separate and apart from all other funds of the Authority,
and the following special funds ("Funds") shall be established
and maintained in an official depository bank or depository
banks of the Authority so long as any of the Bonds or any
Additional Bonds, or interest thereon, are outstanding and
unpaid:
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(a) La Porte Area Water Authority Revenue Fund
(the "Revenue Fund");
(b) La Porte Area Water Authority Bond Fund (the
"Bond Fund");
(c) La Porte Area Water Authority Reserve Fund
(the "Reserve Fund");
(d) La Porte Area Water Authority Rebate Fund
(the "Rebate Fund");
(e) La Porte Area Water Authority Contingency
Fund (the "Contingency Fund"); and
(f) La Porte Area Water Authority Construction
Fund (the "Construction Fund") .
7.02. Revenue Fund. All Revenues of every nature
received shall be deposited from day to day as collected
into the Revenue Fund, and all Operating and Maintenance
Expenses shall be paid from the Revenue Fund upon approval
by the Board. The Revenues not actually required to pay
Operating and Maintenance Expenses shall be deposited from
the Revenue Fund into the other Funds provided for by this
Resolution, in the manner and amounts hereinafter provided,
and each of such Funds shall have priority as to such
deposits in the order in which they are treated in the
following sections.
7~03. Bond Fund. There shall be deposited into
the Bond Fund:
(a) (i) On or before each interest payment
date occurring prior to the first sale of water to
the Participants under the Water Sales Contracts
(the "Sale of Water") an amount equal to such
i~terest payment due on the Bonds, (ii) on or
before the 25th day of each month occurring after
the Sale of Water but prior to the first interest
payment date to occur after the Sale of Water, an
amount which is not less than a fraction of the
next interest payment due on the Bonds, such
fraction to have a numerator of one and a denomi-
nator equal to the number of monthly deposits to
be made pursuant to this Section 7.03(a) (ii), and
(iii) on or before the 25th day of each month
thereafter, an amount which is not less than
022DESAO/024C05
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one-sixth (1/6) of the next interest payment due
on the Bonds; and .
(b) On or before the 25th day of December,
1990, and on or before the 25th day of each month
thereafter, an amount which is not less than
one-twelfth (11 12th) of the principal of the Bonds
maturing on the next December 1; provided, however,
such deposits shall be reduced by any amount
already on deposit in the Bond Fund that is, by
virtue of this Resolution, to be applied to the
payment of debt service on the Bonds. Amounts in
the Bond Fund shall be used to pay the principal
of, premium, if any, and interest on, the Bonds
and any Additional Bonds, as such principal
matures and such interest becomes due. In no
event shall any amount in excess of the amounts
stated above be placed in the Bond Fund for the
payment of the principal of, premium, if any, or
interest on the Bonds and Additional Bonds, if
any, and any amount so placed may be withdrawn by
the Authority and replaced in the Revenue Fund.
7.04. Reserve Fund. There shall be deposited
into the Reserve Fund (a) on or before June 1, 1989, an
amount not less than nine sixtieths (9/60) of the average
annual principal and interest requirements on the Bonds, (b)
on or before each interest payment date occurring prior to
the Sale of Water, an amount not less than one tenth (1/10)
of the average annual principal and interest requirements on
the Bonds, and (c) on or before the 25th day of each month
occurring after the Sale of Water an amount not less than
one sixtieth (1/60) of the average annual principal and
interest requirements on the Bonds, to the end that there
shall be accumulated in the Reserve Fund within sixty-one
(61) months from the date of del~very of the Bonds an amount
not less than the average annual principal and interest
requirements for the Bonds; provided, however, that (i) on
each debt service payment date (other than the penultimate
debt service payment date) when the Reserve Fund Amount de-
creases, the amount in the Reserve Fund on such date (after
the application of any amount needed that day to pay princi-
pal or interest then due) accumulated pursuant to this
Resolution in excess of the decreased Reserve Fund Amount
shall be withdrawn from the Reserve Fund, deposited into the
Bond Fund and applied to the payment of debt service'on the
Bonds on the next debt service payment date or dates until
so applied; and (ii) on the penultimate debt service date
all of the amount in the Reserve Fund accumulated pursuant
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to this Resolution (after the application of any amount
needed that day to pay interest then due) shall be withdrawn
from the Reserve Fund, deposited into the Bond Fund and
applied to the payment of debt service on the Bonds on the
last debt service payment date. At no time shall the
Authority be required to deposit in the Reserve Fund proceeds
(as such term is defined in the Code) of the Bonds or any
Additional Bonds if and to the extent such deposit would
adversely affect the exclusion from gross income for federal
income tax purposes of the interest on the Bonds. No
deposits shall be required to be made into the Reserve Fund
by virtue of this Resolution as long as the Reserve Fund
shall contain the aggregate of the amounts required to be
deposited therein by reason of this Resolution and the
resolutions authorizing any Additional Bonds, but if and
whenever the Reserve Fund is reduced below said aggregate
amount, the aforesaid monthly deposits into the Reserve Fund
shall be resumed and continued until such time as the
Reserve Fund has been restored to said aggregate amount.
The Reserve Fund shall be used to pay the principal of, or
interest on, the Bonds and any Additional Bonds, at any time
when there is not sufficient money available in the Bond
Fund for such purpose. Any obligation in which money in the
Reserve Fund is invested shall be kept and held in an
official depository bank of the Authority in escrow and in
trust for the benefit of the holders of the Bonds and any
Additional Bonds, and shall be promptly sold and the proceeds
of sale applied to the making of all payments required to be
made from the Reserve Fund.
7.05. Rebate Fund. The Rebate Fund is hereby
established by the Authority for the benefit of the United
States of America and the Authority, as their interests may
appear pursuant to this Resolution. There are hereby
established within the Rebate Fund two separate accounts to
be known as the Deposit Account and the Earnings Account.
(a) Earnings Account. As of each annual anniver-
sary date of the issuance of the Bonds, the Authority
shall pay into the Earnings Account of the Rebate Fund
out of legally available funds an amount equal to the
aggregate income (determined in accordance with federal
income tax accounting principles) attributable to the
amounts in the Deposit Account of the Rebate Fund for
the period ending on such annual anniversary date of
the issuance of the Bonds and beginning on the immedi-
ately preceding annual anniversary date of the issuance
of the Bonds. Such amount is to be withdrawn from the
Deposit Account or may, at the election of the Authority,
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be paid from other funds legally available therefor.
An annual anniversary date for the Bonds shall include
the first date on which all of the Bonds have been
retired.
(b) Payments into the Deposit Account. The
Authority shall pay, as of each annual anniversary date
of the issuance of the Bonds and immediately after the
payment to the Earnings Account of the Rebate Fund on
such date, into the Deposit Account of the Rebate Fund
out of funds legally available therefor the amount, if
any, w.hich is required to increase the amount on
deposit in the Deposit Account to the Tentative Rebate
Amount as of such annual anniversary date. On such
annual anniversary date, any amount on deposit in the
Deposit Account in excess of the Tentative Rebate
Amount shall be withdrawn from the Deposit Account and
deposited into the Revenue Fund. For these purposes,
the Tentative Rebate Amount as of a date is the amount
described in Section 148(f) (3) (A) of the Code with
respect to the Bonds determined as of such date, which
shall be determined in accordance with Temp. Treas.
Reg. Section 1.103-1SAT(d) (1) and any applicable
regulations that are issued hereafter. An annual
anniversary date for the Bonds shall include the first
date on which all of the Bonds have been retired.
(c) Disbursement of the Rebate Fund. The amounts
in the Rebate Fund shall be used solely for the payment
to the United States of amounts described in Section
148(f) (2) of the Code and the regulations thereunder
all as may be applicable to the Bonds. Such payment
shall be made by the Authority in accordance with the
requirements of Section 148(f) (3) of the Code and the
regulations thereunder. The first installment of such
payment is to be made by the Authority within thirty
days after the fifth annual anniversary date of the
issuance of the Bonds, with each suLsequent installment
of such payment to be made within five years after the
time at which the next preceding installment was
required. The last installment of such payments is to
be made by the Authority within 60 days after the final
retirement of all of the Bonds.
(d) Rebate Fund Records. The Authority shall
maintain a record of its periodic determinations of the
Tentative Rebate Amount until six years after the final
retirement of all of the Bonds. Such records shall
summarize the manner in which the Tentative Rebate
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Amount, if any, was determined on each date of det~r-
mination.
(e) No Prohibited Payments. The Authority
covenants and agrees with the holders of the Bonds not
to make a prohibited payment, within the meaning of
Temp. Treas. Reg. Section 1.103-l5AT(d) (6), with
respect to the Bonds. A prohibited payment includes
the payment, or agreement to pay, to a party other than
the United States, an amount that is required to be
paid to the United States pursuant to Section l48(f) (3)
of the Code by entering into a transaction that results
in a smaller profit or a larger loss than would have
resulted if the transaction had been at arms' length
and if the yield on the issue had not been relevant to
either party; provided, however, that the direct
purchase of United States Treasury obligations from the
United States Treasury is not a prohibited payment.
The investment of bond proceeds in certificates of
deposit may, as provided in Temp. Treas. Reg.
Section 1.l03-l5AT(d) (6) (ii), be a prohibited payment.
The Authority covenants and agrees to maintain such
records as may be necessary to establish the absence of
any prohibited payment.
(f) Amendment. The provisions of this Section
7.05 may be amended by the Authority upon the receipt
of an opinion of bond counsel selected by the Authority
that such amendment will not adversely affect any
exclusion from gross income of interest on the Bonds.
7.06. Contingency Fund. The Authority agrees to
cause to be deposited to the Contingency Fund, commencing
upon the Sale of Water, from available Net Revenues, monthly
amounts equivalent to at least $2,083.33 until there has
been accumulated in said Fund a total sum (the "Minimum
Contingency Fund Balance") equal to $100,000. After the
Minimum Contingency Fund Balance has been accumulated, and
during such time as there is on deposit in the Contingency
Fund the Minimum Contingency Fund Balance, the aforesaid
monthly deposits to the Contingency Fund from the available
Net Revenues may be suspended. Any amounts deposited into
the Contingency Fund in excess of the Minimum Contingency
Fund Balance shall be at the sole discretion and determination
of the Authority. Deposits to the Contingency Fund from
available Net Revenues shall be subject to and contingent on
the availability of moneys after the payment of all amounts
required to be deposited to the Bond Fund, the Reserve Fund
and the Rebate Fund.
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All moneys deposited and credited to the Contingency
Fund may be used for anyone or more of the following
purposes:
(a) Transfers to the Revenue Fund for payment of
Operating and Maintenance Expenses:
(b) Transfers to the Revenue Fund for payment of
costs and expenses of replacing, reconstructing or
repairing damaged or destroyed properties of the
Transmission System or the Distribution System, when
such damage or destruction was a result; of a cata-
strophic event, including, without limitation, acts of
God, acts of public enemies, civil disturbances,
explosions, fires, floods, landslides, lightning,
earthquakes, hurricanes, storms, tornadoes or other
similar causes or events, and the proceeds, if any, of
insurance are insufficient to pay the cost of replac-
ing, reconstructing or repairing such damaged or
destroyed property or properties: or
(c) Paying the principal of, premium, if any, and
interest on the Bonds or any Additional Bonds on any
maturity, redemption or interest payment date when
moneys in the special funds created solely for the
payment and security thereof are insufficient to make a
required payment on the Bonds or any Additional Bonds,
either or both.
7.07. Deficiencies. If in any month the Authority
shall fail to deposit into any Fund provided for by this
Resolution the full amounts required, amounts equivalent to
such deficiencies shall be set apart and paid into said
Funds from the first available and unallocated Net Revenues
of the following month or months, and such payment shall be
in addition to the amounts otherwise required to be paid
into said Funds during such month or months. To the extent
necessary, the Authority shall increase the rates and
charges for its services to make up for any such deficiencies.
7.08. Surplus Funds. Notwithstanding the pro-
visions of Section 5 hereof, Net Revenues in excess of those
necessary to establish and maintain the Funds required in
this Resolution may be used for any purpose now or hereafter
authorized by law.
7.09. Investment of Certain Moneys. Moneys in
the Bond Fund, the Construction Fund, the Reserve Fund and
the Rebate Fund may, upon authorization by the Board of
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Directors, be invested in (a) Government Obligations and (b)
certificates of deposit of any bank or trust company whose
deposits are insured by the Federal Deposit Insurance
Corporation or the Federal Savings and Loan Insurance
Corporation, provided that such certificates of deposit, to
the extent that they exceed the amounts covered by such
insurance, are fully secured in the manner required by law;
provided, however, that any investment in a certificate of
deposit may not be a prohibited payment, within the meaning
of Treas. Reg. S 1.103-15AT(d) (6), if at the time of such
investment Treas. Reg. S 1.l03-15AT(d) (6) is applicable to
the Bopds. Any obligation in which moneys from any Fund are
so invested shall be kept and held at an official depository
bank of the Authority and shall be promptly sold and the
proceeds of sale applied to the making of any payments
required to be made from such Fund. All such investments
shall at all times be a part of the Fund from which the
moneys used to acquire said investments shall have come.
All earnings on such investments shall be credited to, and
losses thereon charged against, such Fund; provided, however,
when the Bond Fund, the Reserve Fund or the Contingency Fund
contains the full amount required at the time to be in such
Fund, any earnings shall be deposited in the Revenue Fund.
Notwithstanding any provision hereof to the contrary, any
investment of moneys in the Bond Fund shall be made so as to
mature or be subject to redemption at the option of the
owner or holder thereof on or prior to the date or dates on
which money therefrom will be required.
All Funds provided for by this Resolution shall be
secured in the manner and to the fullest extent required by
law for the security of public funds, and such Funds shall
be used only for the purposes and in the manner permitted or
required by this Resolution.
Section 8. ADDITIONAL BONDS.
8.01. Generally. The Authority expressly re-
serves the right hereafter to issue additional parity bonds
and other evidences of indebtedness now or hereafter autho-
rized by the Legislature of Texas (collectively, "Additional
Bonds"), and Additional Bonds, when issued, may be secured
by and payable from a first lien on and pledge of the Net
Revenues in the same manner and to the same extent as are
the Bonds; and the Bonds authorized herein and the Additional
Bonds shall in all respects be of equal dignity. It is
provided, however, that no installment or series of Additional
Bonds shall be issued pursuant to this Section 8.01 unless:
022DESAO/024C05
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(a) A certificate is executed by the President of
the Board and the General Manager of the Authority to
the effect that no default exists in connection with
any of the covenants or requirements of this Resolution
or the resolutions authorizing the issuance of all
Additional Bonds then outstanding;
(b) A certificate is executed by the President of
the Board and the General Manager of the Authority to
the effect that the Bond Fund, the Reserve Fund and the
Contingency Fund each contain the amount then required
to be on deposit therein;
(c) At the time of the adoption of the resolution
authorizing the issuance of Additional Bonds, the Net
Revenues for the most recent complete fiscal year, as
certified by a Certified Public Accountant or firm of
Certified Public Accountants, were equal to at least
1.2 times the average annual principal and interest
requirements for all Bonds and Additional Bonds then
outstanding and for the series of Additional Bonds then
proposed to be issued; provided, however, should the
certificate of the accountant certify that the Net
Revenues for the period covered thereby were less than
required above, and a change in the rates and charges
for services provided by the Authority pursuant to the
Water Sales Contracts became effective at least 60 days
prior to the scheduled date of adoption of the resolu-
tion authorizing such Additional Bonds, then such
Additional Bonds may nevertheless be issued if an
independent engineer or engineering firm having a
favorable reputation with respect to such matters
certifies that, had such change in rates and charges
been effective for the period covered by the accoun-
tant1s certificate, the Net Revenues for the period
covered by the accountant1s certificate would have met
the test specified above; and
(d)' The Additional Bonds are made to mature on
December 1 in each of the years in which they are
scheduled to mature.
8.02. Completion Indebtedness. The Authority
reserves the right to issue Additional Bonds on a parity in
all respects with the Bonds secured by a first lien on and
pledge of Net Revenues in the same manner and to the same
extent as are the Bonds. Such Additional Bonds may be
issued without complying with the provisions of Section 8.01
(a), (b) or (c), provided that such Additional Bonds are
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issued solely for the purpose of providing the financing for
(a) amounts payable under the Houston Contract to purchase
the initial undivided interest in the Southeast Plant; and
(b) the completion of the initial Distribution System and
the Transmission System as contemplated by the Water Sales
Contracts. Any such Additional Bonds shall be made to
mature on December I in the years in which they are scheduled
to mature.
8.03. Refunding Bonds. The Authority reserves
the right to issue Additional Bonds on a parity in all
respects with the Bonds to refund all or any part of the
Bonds, Additional Bonds or other indebtedness of the Author-
ity then outstanding (pursuant to any applicable law then in
effect) upon such terms and conditions as the Board of
Directors may deem to be in the best interest of the Author-
ity. Any such Additional Bonds shall be made to mature on
December I in the years in which they are scheduled to
mature. Additionally, if (a) the Additional Bonds are being
issued to refund obligations of the Authority other than the
Bonds or Additional Bonds, or (b) the total debt service for
all Bonds and Additional Bonds (assuming the issuance of the
refunding Additional Bonds proposed to be issued and the
defeasance of the Bonds or Additional Bonds proposed to be
defeased in such refunding) in any fiscal year through the
final fiscal year in which Bonds or Additional Bonds not
refunded are to mature shall be greater than the total
annual debt service for all Bonds and Additional Bonds had
such refunding not occurred, then the conditions specified
in Sections 8.01 (a), (b) and (c) shall also be satisfied.
8.04. Inferior Lien Obligations. Nothing contained
in this Resolution shall prohibit or prevent, or be deemed
or construed to prohibit or prevent, the Authority from
authorizing and issuing bonds, notes, certificates, warrants
or other evidences of indebtedness for any corporate use or
purpose payable as to principal, premium, if any, and
interest from the Net Revenues subject and subordinate to
the deposits and credits required to be made from the Net
Revenues to the Bond Fund, Reserve Fund and the Rebate Fund
or from securing such bonds, notes, certificates, warrants
or other evidences of indebtedness and the payment thereof
by a lien on and pledge of the Net Revenues junior and
inferior to the lien on and pledge of the Net Revenues
herein created for the payment and security of the Bonds and
any Additional Bonds.
8.05. Separate System Projects. Nothing in this
Resolution shall be construed to deny the Authority the
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right and it shall retain the right to issue bonds, notes,
warrants, certificates or other obligations or evidences of
indebtedness to finance the costs of any project or facil-
ities, which revenues, records and accounts of such project
or facilities are kept and maintained separate and apart
from the Revenues, records and accounts of the Transmission
System, the Distribution System and the Houston Contract,
and the obligations issued to finance the costs thereof are
payable solely from the revenues or other income derived
from the ownership or operation of such separate system
project or facilities; provided, however, the Authority will
not issue bonds, notes~ warrants, .certificates or other
obligations' or evidences of indebtedness for the purpose of
acquiring or constructing such separate system project or
facilities unless and until a report has been obtained from
an independent engineer which concludes that (i) the plan
for developing the separate system project or facilities is
consistent with sound planning and the separate system
project or facilities would not materially and adversely
interfere with the operation of the Transmission System, the
Distribution System and the Authority1s interest in the
Southeast Plan~, and (ii) the separate system project or fa-
cilities can be economically and efficiently operated and
maintained.
8.06. Indebtedness Not Payable from Revenues.
The Authority reserves the right to authorize and issue
bonds, notes, certificates, warrants or other evidences of
indebtedness for any corporate use or purpose if such bonds,
notes, certificates, warrants or other evidences of indebted-
ness are not secured by or payable from Revenues, Net
Revenues or any revenues or funds pledged to the payment of
the Bonds and are not secured by the Transmission System,
the Distribution System or the Authority's interest in the
Southeast Plant, but rather from some other source of funds
available to the Authority.
Section 9. REPRESENTATIONS AND COVENANTS OF THE
AUTHORITY
9.01. Maintenance and Insurance. While any of
the Bonds or any Additional Bonds are outstanding, the
Authority covenants and agrees to maintain the Transmission
System and the Distribution System in good condition and
operate the same in an efficient manner and at a reasonable
cost. So long as any of the Bonds or any Additional Bonds
are outstanding, the Authority agrees to maintain insurance
on the Transmission System and the Distribution System, of a
kind and in an amount which usually would be carried by
022DESAO/024COS
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private companies engaged in a similar type of business. in
the same area. This Resolution shall not be construed as
requiring the Authority to expend any funds which are
derived from sources other than Revenues, but nothing herein
shall be construed as preventing the Authority from doing
so.
9.02. Books and Records. The Authority shall
keep proper books of records and accounts, separate from all
other records and accounts, in which complete and correct
entries shall be made of all transactions relating to the
Revenues, the Authority's undivided interest in the Southeast
Plant, the Transmission System and the Distribution System.
Upon written request made not more than 90 days following
the close of the fiscal year, the Authority shall furnish to
any registered owner of any of the Bonds or any Additional
Bonds, complete financial statements in reasonable detail
covering such fiscal year, certified by the Authority's
auditor. Any registered owner or owners of the Bonds or any
Additional Bonds at the time outstanding shall have the
right at all reasonable times to inspect the Transmission
System and the Distribution System and all records, accounts
and data of the Authority relating thereto.
9.03. General Representations and Covenants. The
Authority hereby further represents and covenants as follows:
(a) That it has the lawful power to pledge the
Net Revenues and the Funds pledged hereunder and has lawfully
exercised the power under the Constitution and laws of the
State of Texas, including said power existing under the Act
and Chapter 54 of the Texas Water Code, as amended; and that
the Bonds issued hereunder shall be ratably secured, together
with any Additional Bonds, by said pledge of revenues in
such manner that one bond shall have no preference over any
other bond.
(b). That, other than for the payment of the Bonds
herein authorized, neither the Revenues nor the Net Revenues
have been pledged in any manner to the payment of any debt
or obligations of the Authority.
(c) That, so long as any of Bonds or Additional
Bonds remain unpaid, the Authority will not sell or encumber
the Revenues, the Authority's undivided interest in the
Southeast Plant, the Transmission System and the Distribution
System or any substantial part thereof, and that it will not
encumber the Net Revenues thereof unless such encumbrance is
made in accordance with the terms of this Resolution or is
022DESAOI024COS
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junior and subordinate to all of the provisions of this
Resolution.
(d) That the Authority has obtained, caused to
be obtained or will obtain, and will comply with the terms
and conditions of, all franchises, permits and authorizations
from any governmental agency applicable to or necessary with
respect to the Authority and its operations, and it will
keep all such franchises, permits and authorizations in full
force and effect.
9.04 Tax Covenants.
.. .. ~
The Authority'covenants and agrees with the
holders of the Bonds as follows:
A. In General.
(a) No action will be taken, and there will be
no omission of an action, which act or omission will adversely
affect any exclusion from gross income for federal income
tax purposes of interest on the Bonds, and, in particular,
there will be compliance with those provisions of Section
103 and Section 141 through 150 of the Code that affect the
exclusion from gross income for federal income tax purposes
of the interest on the Bonds.
(b) The Authority will use the proceeds of the
Bonds in the manner described in this Resolution except to
the extent that any variation from such provisions that is
permitted by applicable law will not adversely affect the
exclusion from gross income for federal income tax purposes
of interest on the Bonds, and will not enter into any
contract (or other arrangement) for the sale of water from
its undivided interest in the Southeast Plant that will
adversely affect the exclusion from gross income for federal
income tax purposes of the interest on the Bonds.
(c) The Authority will not use or invest the
proceeds of the Bonds or any other amounts or any investment
earnings thereon in a manner that will result in the Bonds
becoming "arbitrage bonds", within the meaning of Section
148 of the Code. The Authority will not invest an amount of
the proceeds of the Bonds in the Reserve Fund or in any
reasonably required reserve or replacement fund if the
amount of proceeds so invested is, in the aggregate, in
excess of 10 percent of the proceeds of the Bonds, within
the meaning of Section 148(d) (2) of the Code.
022DESAO/024COS
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(d) The Authority shall comply with the pro-
V1S10ns of Section 148 of the Code with respect to arbitrage
rebate as they apply to the Bonds.
(e)
proceeds of the
payment, within
so long as such
The Authority shall not invest any of the
Bonds in a manner that would be a prohibited
the meaning of Treas. Reg. S 1.103-15AT(d) (6),
regulation is applicable to the Bonds.
(f) The Authority shall not take, or omit to
take, any action if such action or omission would cause the
Bonds to be federally guaranteed, within the meaning of
Section 149(b) of the Code.
(g) The Authority will- comply with the requirements
of Section 149(e) (2) of the Code, requiring information
regarding the Bonds to be filed with the Internal Revenue
Service within prescribed time limits.
B. Private Activity Bond Covenants. The Bonds
are not, and will not be, private activity bonds, within the
meaning of Section 141 of the Code.
C. No Arbitrage Covenant. The Bonds are not,
and will not be, arbitrage bonds, within the meaning of
Section 148 of the Code.
D. Survival. The provisions of this Section
9.04 shall survive, notwithstanding any provision of this
Resolution to the contrary, the payment, any provision for
payment, or any defeasance of one or more of the Bonds.
Section 10. LIMITED OBLIGATIONS. The Bonds are
special obligations of the Authority payable solely from the
revenues and funds pledged hereunder, and the registered
owners thereof shall never have the right to demand payment
thereof out of any other revenues or properties of the
Authority, or out of funds raised or to be raised by taxation
by the Authority, the City of La Porte, Texas, the State of
Texas or any subdivision of any of them.
Section 11. DEFAULT PROVISIONS
11.01. Remedies of Registered Owners. In addition
to all rights and remedies of any registered owner of the
Bonds provided by the laws of the State of Texas, the
Authority and the Board covenant and agree that in the event
the Authority defaults in the payment of the principal of or
interest on any of the Bonds when due, fails to make the
022DESAO/024COS
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payments required by this Resolution to be made into the
Bond Fund, or defaults in the observance or performance of
any of the covenants, conditions or obligations set forth in
this Resolution, the registered owner of any of the Bonds
shall be entitled to a writ of mandamus issued by a court of
proper jurisdiction compelling and requiring the Board and
other officers of the Authority to observe and perform any
covenant, obligation or condition prescribed in this Resolu-
tion. No delay or omission by any registered owner to
exercise any right or power accruing to him upon default
shall impair any such right or power, or shall be construed
to be a waiver of any such default or acquiescence therein,
and every such right or power may be exercised from time to
time and as often as may be deemed expedient. The specific
remedies mentioned in this Resolution shall be available to
any registered owner of any of the Bonds and shall be
cumulative of all other existing remedies.
11.02. Resolution is Contract. In consideration
of the purchase and the acceptance of the Bonds authorized
to be issued hereunder by those who shall hold the same from
time to time, the provisions of this Resolution shall be
deemed to be and shall constitute a contract between the
Authority and the registered owners of the Bonds, and the
covenants and agreements herein set forth to be performed on
behalf of the Authority shall be for the equal benefit,
protection and security of the registered owners of any and
all of the Bonds, all of which, regardless of the time or
times of their issue or maturity, shall be of equal rank
without preference, priority or distinction except as
expressly provided herein.
Section 12. DEFEASANCE. Any Bond shall be deemed
to be paid and shall no longer be considered to be a "Bond"
within the meaning of this Resolution when payment of the
principal of and interest on such Bond to maturity or to the
date fixed for redemption (notice of which shall have been
given or waived) shall have been made or provided for by
depositing with the Treasurer of the State of Texas or with
the Paying Agent/Registrar, (i) moneys sufficient to make
such payment or (ii) moneys and Government Obligations
certified by an independent public accounting firm of
national reputation to be of such maturities and interest
payment dates and to bear such interest as will, without
further investment of the principal thereof or the interest
thereon, be sufficient to make such payment, provided that
all the expenses pertaining to the Bonds with respect to
which such deposit is made shall have been paid or the
payment thereof provided for to the satisfaction of said
022DESAO/024COS
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State Treasurer or the Paying Agent/Registrar, as the case
may be. At such times as a Bond shall be deemed to be paid
hereunder, as aforesaid, it shall no longer be entitled to
the benefits of this Resolution, except for the purposes of
any such payment from such moneys or Government Obligations
and for the transfer, exchange or replacement of such Bond
as provided in Sections 2.05 and 2.09 hereof prior to
maturity or redemption. If money and/or Government Obligations
are deposited with the Paying Agent/Registrar sufficient to
make such payment with respect to some, but not all, of the
Bonds, the Authority shall designate the Bonds with respect
to which such deposit is made.
Section 13. SUBMISSION AND REGISTRATION OF BONDS.
The President or Vice President of the Board of Directors of
the Authority is hereby authorized and directed to submit,
or cause to be submitted, the record of the Bonds, the Water
Sales Contracts and the Initial Bonds, to the Attorney
General of the State of Texas for examination and approval
and thereafter cause the Bonds to be registered by the
Comptroller of Public Accounts of the State of Texas. Upon
said registration of the Initial Bonds, said Comptroller of
Public Accounts (or a deputy designated in writing to act
for said Comptroller) shall manually sign the Comptroller's
Registration Certificate prescribed herein to be printed and
endorsed on each Initial Bond, and the seal of said Comptroller
shall be impressed, printed or lithographed on each of the
Initial Bonds. The President, Vice President and Secretary
of the Board of Directors and other appropriate officers of
the Authority are hereby further authorized and directed to
do any and all things necessary or convenient to carry out
the provisions of this Resolution.
Section 14. SALE OF BONDS. The sale of the Bonds
to the Texas Water Development Board, at a price equal to
the principal amount of the Bonds, is hereby authorized,
approved, ratified and confirmed. It is hereby found and
determined by the Board of Directors that the sale and
delivery of the Bonds is in the best interest of the Authority
and that the price and other terms for the purchase of the
Bonds are the most advantageous reasonably available to the
Authority. The Board hereby finds and determines that the
net effective interest rate of the Bonds, as calculated
pursuant to Article 717k-2, V.A.T.C.S., as amended, and
assuming delivery of the Bonds on September 1, 1988, is
6.883084%. '
022DESAO/024COS
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Section 15. MISCELLANEOUS PROVISIONS.
15.01. Successors and Assigns. Whenever in this
Resolution the Authority is named and referred to, it shall
be deemed to include its successors and assigns, and all
covenants and agreements in this Resolution made by or on
behalf of the Authority shall bind and inure to the benefit
of its successors and assigns whether or not so expressed
except to the extent otherwise provided in this Resolution.
15.02. No Recourse Against Authority Officers.
No recourse shall be had for the payment of the principal of
or the interest on the Bonds or for any claim based thereon
or on this Resolution against any officer of the Authority
or any person executing the Bonds.-
15.03. Paying Agent/Registrar May Own Bonds. The
Paying Agent/Registrar, in its individual or any other
capacity, may become the owner or pledgee of the Bonds with
the same rights it would have if it were not Paying
Agent/Registrar.
15.04. Legal Holidays. In any case where the
date of maturity of the principal of or interest on the
Bonds or the date fixed for redemption of any Bonds shall be
(a) a legal holiday in the city of the principal office of
the Paying Agent/Registrar or (b) a day on which banking
institutions are authorized by law to close in such city,
then payment of interest or principal need not be made on
such date but may be made on the next succeeding day not a
legal holiday or day on which banking institutions are
authorized by law to close in such city with the same force
and effect as if made on the date of maturity or the date
fixed for redemption and no interest shall accrue for the
period from and after such date.
15.05. Benefits of Resolution Provision. Nothing
in this Resolution, expressed or implied, shall give or be
construed to give any person, firm or corporation, other
than the Authority, the Paying Agent/Registrar and the
registered owners of the Bonds, any legal or equitable right
or claim under or in respect of this Resolution or under any
covenant, condition or provision herein contained, all the
covenants, conditions and provisions contained in this
Resolution being for the sole benefit of the Authority, the
Paying Agent/Registrar and the registered owners of the
Bonds.
022DESAO/024C05
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THE STATE OF TEXAS )
COUNTY OF HARRIS )
CITY OF LA PORTE )
NOTICE OF MEETING
Notice is hereby given that the City Council of the City of
La Porte will meet in Public Hearings, Revenue Sharing Budget
Hearing, and Regular Session on the 12th day of September, 1988,
in the Council Chambers, City Hall, 604 West Fairmont Parkway, La
Porte, Texas, beginning at 6:00 P.M. A copy of the agenda for
said meeting, showing the subjects of such meeting, is attached
hereto.
I hereby certify that I posted this Notice on the bulletin
board located at a place convenient to the public in the City
Hall of the City of La Porte, at 5:00 P.M. on the 8th day of
September, 1988, and that (1) said Notice was posted for at least
72 hours preceding the scheduled time of the meeting; or (2) if
this Notice was posted less than 72 hours but more than 2 hours
before the meeting is convened, I hereby certify that said
meeting was called because of an emergency or urgent public
necessity limited to imminent thre8ts to public health and safety
or reasonable unforseeable situations requiring immediate action
by City Council.
Witness my hand and the Seal of the City of La Porte, Texas,
this the 8th day of September, 1988.
CITY OF LA PORTE
Cherie Black
City Secretary
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15.06. Interpretations. The titles and headings
of the Sections of this Re~olution have been inserted for
convenience of reference only and are not to be considered a
part hereof and shall not in any way modify or restrict any
of the terms and provisions hereof. This Resolution and all
the terms and provisions hereof shall be liberally construed
to effectuate the purposes set forth herein and to sustain
the validity of the Bonds herein authorized and the validity
of the lien on and pledge of the revenues from which the
Bonds are payable.
15.0~.j Effective Date.of Resolution. This
Resolutio'Il' sl1a.'lltake effect and be in full force and effect
from and after its passage.
PASSED AND APPROVED this the
1988.
day of
~
/Vice President, Board of Directors,
La Porte Area Water Authority
ATTEST:
~ t(. fl;/~
Secretary, Board of Directors,
La Porte Area Water Authority
(SEAL)
022DESAO/024C05
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Fiscal
Year
End .
12/31
1988
1989
1990
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
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TOTAL CASH FLOW REQUIREMENTS
LA PORTE AREA WATER AUTHORITY
$9,800,000 WATER SUPPLY CONTRACT REVENUE BONDS
SERIES 1988 AND SERIES II 1988 COMBINED
Principal
and Interest
Reserve Fund
Requirements
$
796,408.96
658,635.00
813,635.00
815,962.50
817,465.00
823,102.50
827,557.50
825,770.00
832,977.50
828,642.50
833,330.00
836,370.00
837,845.00
837,715.00
840,940.00
842,140.00
841,452.50
843,852.50
843,967.50
841,997.50
837,942.50
841,802.5tJ
842,602.50
845,602.50
840,452.50
842,160.00
840,342.50
$ 55,140
165,420
165,420
165,420
165,420
110,280
Total: $22,330,671.46
$827,100.00
Moroney, Beissner & Co., Inc.
8/2/88
Contingency
Fund
$
25,000
25,000
25,000
25,000
$100,000.00
r ~..
Total
$ 55,140.00
961,828.96
849,055.00
1,004,055.00
1,006,382.50
952,745.00
823,102.50
827,557.50
825,770.00
832,977.50
828,642.50
833,330.00
836,370.00
837,845.00
837,715.00
840,940.00
842,140.00
841,452.50
843,852.50
843,967.50
841,997.50
837,942.50
841,802.50
842,602.50
845,602.50
840,452.50
842,160.00
840,342.50
$23,257,771.46
DATE
12/ 1/89
12/ 1/90
12/ 1/91
12/ 1/92
12/ 1/93
12/ 1/94
12/ 1/95
12/ 1/96
12/ 1/97
12/ 1/98
12/ 1/99
12/ 1/ 0
12/ 1/ 1
12/ 1/ 2
12/ 1/ 3
12/ 1/ 4
12/ 1/ 5
12/ 1/ 6
12/ 1/ 7
12/ 1/ 8
12/ 1/ 9
12/ 1/10
12/ 1/11
12/ 1/12
12/ 1/13
12/ 1/14
12/ 1/15
ACCRUED
DATED 9/ 1/88
BOND YEARS
AVERAGE COUPON
AVERAGE LIFE
N I C %
TIC %
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LA PO~TE AREA WATER AUTBORITY
$9.800,000 WATER SUPPLY CONTRACT REVE~UE BO~~S
SERIES 1988 JJlD SERIES 11 1988 Cct-:BINED
FRINCIPAL
155,000.00
165,000.00
175,000.00
190,000.00
205,000.00
215,000.00
235,000.00
245,000.00
265,000.00
285,000.00
305,000..00
325',000.00
350,000.00
375,000.00
400,000.00
430,000.00
460,000.00
490,000.00
520,000.00
560,000.00
600,000.00
645,000.00
685,000.00
DEBT SERVICE SCHEDULE
_=c:z=c====:az====___
COUPON
4.950000
5.150000
5.350000
5.550000
5.750000
5.950000
6.100000
6.250000
6.400000
6.500000
" 6.600000
6.700000
6.800000
6.850000
6.900000
6.950000
6.950000
6.950000
6,950000
7.000000
7.000000
7.000000
7.050000
735,000.00 7.050000
785,000.00 7.050000
9,800,000.00
9,800,000.00
~. ~
INTEREST PERIOD TOTAL FISCAL TOTAL
796,408.96
658,635.00
658,635.00
650,962.50
642,465.00
633,102.50
622,557.50
610,770.00
597,977 . 50
583,642.50
568,330.00
551,370.00
532,845.00
512,715.00
490,940.00
467,140.00
441,452.50
413,852.50
383,967.50
351,997.50
317,942.50
281,802.50
242,602.50
200,602.50
155,452.50
107,160.00
55,342.50
795,408.96
658,635.00
813,635.00
815,962.50
817,465.00
823,102.50
827,557.50
825,770.00
832,977 .50
828,642.50
833,330.00
836,370.00
837, 8~S,. 00
837,715.00
840,940.00
842,140.00
841,452.50
843,852.50
843,967.50
841,997.50
837,942.50
841.802.50
842,602.50
845.602.50
840,452.50
842,160.00
840,342.50
12,530,671.46 22,330,671.46
12,530,671.46 22,330,671.46
WITH DELIVERY OF 9/ 1/88
182,440.000
6.868.
18.616
6.868379 % USING 100.0000000
6.806973 % USING 100.0000000
PREPARED BY MORONEY, BEISSNER & CO., INC.
RUNDATE: 08-01-1988 @ 15:40:47
FILENAME: LPAWA
KEY: COMB
796,408.96
658,635.00
813,635.00
815,962.50
817,465.00
823.102.50
827,557.50
825,770.00
832,977.50
828,642.50
833,330.00
836,370.00
837,845.00
837,715.00
840,940.00
842,140.00
841,452.50
843,852.50
843,967.50
841,997.50
837,942.50
841,802.50
842,602.50
845,602.50
840,452.50
842,160.00
840,342.50
.
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LA PC'~,7E f_~.F.." WAjE.~ AUTHCRITY
$9,800,000 ...UER S!.:rPLY cO/irMCT R-M,'f::,;;E EO/iDS
SERIES 1988 /.JiD S::?IES 11 1988 C:l13IliED
_=-~~%__&_-=_==-=s___
DEBT SERVICE SCHEDULE
E__a~_C~_3_~~_;===-=-
DATE PRINCIPAL COUPON INTEREST PERIOD TOTAL FISCAL TOTAL
6/ 1/89 467.091. 46 457,091. 45
12/ 1/89 329,317.50 329,317.50 795,408.96
6/ 1/90 329,317 .50 329.317.50
12/ 1/90 329,317,50 329.317.50 658,535.00
6/ 1/91 329,317.50 329,317.50
12/ 1/91 155,000.00 329.317,50 4e4,317.50 813.535.00
6/ 1/92 325,481.25 325,481. 25
12/ 1/92 165,000.00 325.481. 25 490,481. 25 815,952.50
6/ 1/93 321,232.50 321,232.50
12/ 1/93 175,000.00 321,232.50 495,232.50 817,455.00
6/ 1/94 316,551.25 316,551.25
12/ 1/94 190,000.00 316,551.25 505,551.25 823,102.50
6/ 1/95 311,278.75 311,278.75
12/ ~/95 205,000.00 311.278.75 516,278.75 827,557.50
6/ 1/96 305,385.00 305,385.00
12/ 1/96 215.000.00 305,385.00 520,385.00 825,770.00
6/ 1/97 298,988.75 298,988.75
12/ 1/97 235,000.00 298,988.75 533,988.75 832,977.50
6/ 1/98 291,821.25 291,821. 25
12/ 1/98 245,000.00 291,821.25 536.821.25 828,642.50
6/ 1/99 284,165.00 284,165.00
12/ 1/99 265,000.00 284,165.00 549.165.00 833,330.00
6/ 1/ 0 275,685.00 275,685.00
12/ 1/ 0 285,000.00 275,685.00 560,685.00 836,370.00
6/ 1/ 1 266,422.50 266.422.50
12/ 1/ 1 305,000.00 266,422.50 571,422.50 837,845.00
6/ 1/ 2 256,357.50 256,357.50
12/ 1/ 2 325,000.00 256,357.50 581,357.50 837,715.00
6/ 1/ 3 245,470.00 245.470.00
12/ 1/ 3 350,000.00 245,470.00 595,470.00 840,940.00
6/ 1/ 4 233,570.00 233,570.00
12/ 1/ 4 375,OOJ.00 233,570.00 608,570.00 842,140.00
6/ 1/ 5 220,726.25 220,726.25
12/ 1/ 5 400,000.00 220,726.25 620,726.25 841,452.50
6/ 1/ 6 206,926.25 206,926.25
12/ 1/ 6 430,000.00 206,926.25 636,926.25 843,852.50
6/ 1/ 7 191,983.75 191,983.75
12/ 1/ 7 460,000.00 191,983.75 651,983.75 843,967.50
6/ 1/ 8 175,998.75 175,998.75
12/ 1/ 8 490,000.00 175,998.75 665,998.75 841,997.50
6/ 1/ 9 158,971. 25 158,971.25
12/ 1/ 9 520,000.00 158,971.25 678,971.25 837,942.50
6/ 1/10 140,901. 25 140,901. 25
12/ 1/10 560,000.00 140,901. 25 700,901.25 841,802.50
6/ 1/11 121,301.25 121,301.25
12/ 1/11 600,000.00 121,301.25 721,301.25 842,602.50
6/ 1/12 100,301.25 100,301.25
12/ 1/12 645,000.00 100,301. 25 745,301.25 845,602.50
6/ 1/13 77,726.25 77,726.25
12/ 1/13 685,000.00 77,726.25 762,726.25 840,452.50
,.
6/ l/H 53,580.00 53,580.00
12/ l/H 735,000.00 53,580.00 788,580.00 842,160.00
6/ 1/15 27,671.25 27,671.25
12/ 1/15 785,000.00 27,671.25 812,671.25 840,342.50
-------------- -------------- --------------
9,800,000.00 12,530,671.46 22,330,671. 46
ACCRUED
9,800,000.00 12,530,671.46 22,330,671. 46
~ -=--===-==-=-
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LA FD~rE ~;!A ~AT~~ AUTHORITY
$9. eco, C:lO \\ATER SU??LY CCNTP';'.CT REVE::UE B01:DS
SERIES 1988 AND SERIES 11 1988 COP.EINED
DEET SERVICE SCHEDULE
DATED 9/ 1/88 WITH DELIVERY OF 9/ 1/88
BenD YEARS 182,440.000
AVEP.AGE COUPON 6.868
AVEP.AGE LIFE 18.616
N I C % 6.868379 % USING 100.0000000
TIC % 6.606973 % USING 100.0000000
PREPARED BY OORONEY, BEISSNER &. CO.. INC.
RUNDATE: 08-01-1988 @ 15:17:53
FILEIlAME: LPAWA
KEY : Ca-m
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LA ro~TE 1~LA WATER AUTF.CRITY
Z~.SOO,O'JO WATER SUPPLY C01irP..ACT REVEllUE BCNDS, SER 11 1988
_~__cz___s:"_~
DEBT SERVICE SCHEDULE
c:_=-:~_____~~
DATE PRINCIPAL COUPON INTEREST PERIOD TOTAL FISCAL TOTAL
6/ 1/89 215,078.33 215,078.33
12/ 1/89 161,308.75 161,308.75 376,387.08
6/ 1/90 161,308.75 161,308.75
12/ 1/90 161,308.75 161,308.75 322,617.50
6/ 1/91 161,308.75 161,308.75
12/ 1/91 75.000.00 4.950000 161,308.75 236,308.75 397,617.50
6/ 1/92 159,452.50 159,452.50
12/ 1/92 80,000.00 5.150000 159,452.50 239,452.50 398,905.00
6/ 1/93 157,392.50 157,392.50
12/ 1/93 85,000.00 5.350000 157,392.50 242,392.50 399,785.00
6/ 1/94 155,118.75 155,118.75
12/ 1/94 95,000.00 5,550000 155,118.75 250,118.75 405,237.50
6/ 1/95 152,482.50 152,482.50
12/ 1/95 100,000.00 5.750000 152,482.50 252,482.50 404,965.00
6/ 1/96 149,607.50 149,607.50
12/ 1/96 105,000.00 5.950000 149,607.50 254,607.50 404,215.00
6/ 1/97 146,483.75 146,483.75
12/ 1/97 115,000.00 6.100000 146,483.75 261,483.75 407,967.50
6/ 1/98 142,976.25 142,976.25
12/ 1/98 120,000.00 6.250000 142,976.25 262,976.25 405,952.50
6/ 1/99 139,226.25 139,226.25
12/ 1/99 130,000.00 6.400000 139,226.25 269,226.25 408,452.50
6/ 1/ 0 135,066.25 135,066.25
12/ 1/ 0 140,000.00 6.500000 135,066.25 275,066.25 410,132.50
6/ 1/ 1 130,516.25 130,516.25
12/ 1/ 1 150,000.00 6.600000 130,516.25 280,516.25 411,032.50
6/ 1/ 2 125,566.25 125,566.25
12/ 1/ 2 160,000.00 6.700000 125,566.25 285,566.25 411,132.50
6/ 1/ 3 120,206.25 120,206.25
12/ 1/ 3 170,000.00 6.800000 120,206.25 290,206.25 410,412.50
6/ 1/ 4 114,426.25 114,426.25
12/ 1/ 4 185,000.00 6.850000 114,426.25 299,426.25 413,852.50
6/ 1/ 5 108,090.00 108,090.00
12/ 1/ 5 195,000.00 6.900000 108,090.00 303,090.00 loll, 180.00
6/ 1/ 6 101,362.50 101,362.50
12/ 1/ 6 210,000.00 6.950000 101,362.50 311,352.50 412,725.00
6/ 1/ 7 94,055.00 94,055.00
12/ 1/ 7 225,000.00 6.950000 94,055.00 319,065.00 413,130.00
6/ 1/ 8 85,246.25 85,246.25
12/ 1/ 8 240,000.00 6.950000 85,246.25 326,245.25 412,492.50
6/ 1/ 9 77 ,905.25 77 , 906.25
12/ 1/ 9 255,000.00 6.950000 77,905.25 332,906.25 410,812.50
6/ 1/10 69,045.00 69,045.00
12/ 1/10 275,000.00 7.000000 69,045.00 344,045.00 413,090.00
6/ 1/11 59,420.00 59,420.00
12/ 1/11 295,000.00 7.000000 59,420.00 354,420.00 413,840.00
6/ 1/12 49,095.00 49,095.00
12/ 1/12 315,000.00 7.000000 49,095.00 364,095.00 413,190.00
6/ 1/13 38,070.00 38,070.00
12/ 1/13 335,000.00 7.050000 38,070.00 373,070.00 411,140.00
6/ 1/14 26,251.25 26,261.25
12/ 1/14 360,000.00 7.050000 26,261.25 385,261.25 412,522.50
6/ 1/15 13,571.25 13,571.25
12/ 1/15 385,000.00 7.050000 13,571. 25 398,571.25 412,142.50
-------------- -------------- --------------
4,800,000.00 6,124,929.58 10,924,929.58
ACCRUED
4,800,000.00 6,124,929.58 10,924,929.58
-- -===--- :::=--:11___ --
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LA pe"iE ,l_"=:'f.A ;';A:ER AUTHORITY
$5.000. C~O WATER S:ifFLY CO:OiRACT R...'\.'E:/UE BO:;::S. SEEES 1988
DATED 91 1/88
BOliO YEARS
AVERAGE COUPON
AVERAGE LIFE
II I C %
TIC %
DEBT SERVICE SCHEDULE
WITH DELIVERY OF 9/ 1/88
93,065.000
6.883
18.613
6.883084 % USING 100,0000000
6.832859 % USING 100.0000000
PREPARED BY I-tJRONEY, BEISSNER & CO.. INC.
RUllDATE: 08-01-1988 @ 14:52:10
FILEN."_'1E: LPAWA
KEY: SER88
.... ....
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LA PORTE f~EA WATER AUTHGRITY
S4.e~O.Oco \.;A!I:R SUPPLY CClITFACT RE'....E:iUE SV:;;)S, SER 11 1988
DATED 101 1168
r.c/lD YUP.s
AVEP.AGE CC::?JN
AVEP.AGE LIFE
N I C %
TIC %
DEBT SERVICE SCHEDULE
WITH DELI\~Y OF 101 1188
88,975.000
6.884
18.536
6.883877 % USING 100.0000000
6.835605 % USING 100.COOOOOO
FPLPARED BY MOROIIEY, BEISSNER & CO., INC.
Ru:mATE: Ca-01-1988 @ 15:07:45
FILENAHE: LFAWA
KEY: SER 11 88
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Sept. 12, 1988
Requested By: K. Askins
Report
Department:
Legal
Resolution
x
Ordinance
Exhibits: Ordinance 1000-X
Copy of application for wine and beer retailers permit
SUMMARY & RECOMMENDATION
Memory Lane Restaurant, located at 110 North Broadway A, La Porte,
Texas, is making application for a wine and beer retailerJs
permit. Under the provisions of Ordinance 1000, said applicant
must first receive Council1s agreement to the permit. Ordinance
1000-X, attached, conveys Council1s agreement to the wine and beer
retailer's permit application.
Action Required by Council: Adoption of Ordinance 1000-X
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
Q(J~T,"~
Robert T. Herrera
City Manager
-.9 -y) ~Qfb
DATE
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ORDINANCE NO. 1000-X
AN ORDINANCE AMENDING ORDINANCE NO. 1000 OF THE CITY OF LA PORTE,
TEXAS, DESIGNATING THE AREAS WHERE BEER FOR CONSUMPTION ON PREMISES
MAY BE SOLD AND PROHIBITING THE SALE ELSEWHERE; PROVIDING FOR HOURS
OF OPENING AND CLOSING; DEFINING SOURCE OF AUTHORITY; PROVIDING A
SAVINGS CLAUSE; PROVIDING THAT NO LICENSE SHALL BE ISSUED EXCEPT
FOR THE AREAS HEREIN DESIGNATED; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
WHEREAS, the City of La Porte desires to regulate the sale of
beer and prescribe the hours when it may be sold, for consumption
on premises in accord with provisions of Texas Codes Annotated,
Alcoholic Beverage Code, Chapter 105, Section 105.05 and Section
105.06; and in accord with the provisions of Texas Codes Annotated,
Alcoholic Beverage Code, Chapter 109, Subchapter C, Section 109.31
et seg;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. In addition to the locations specified in Section
1 of Ordinance No. 1000 of the City of La Porte, passed and
approved by the City Commission of the City of La Porte on August
19, 1974, the sale of beer and wine shall also be permitted during
the hours set by the general laws of the State of Texas, consistent
with Texas Codes Annotated, Alcoholic Beverage Code, Chapter 105,
Sections 105.05 and 105.06, at the following location by a retailer
selling beer and wine for consumption on premises, to-wit:
STREET ADDRESS OF PROPERTY: 110 North Broadway A, La
Porte, Harris County, Texas 77571
LEGAL DESCRIPTION OF PROPERTY: .516 acre tract out of the
northerly part of Block 181, Town of La Porte
NAME OF APPLICANT: William Arthur Barfield
ADDRESS OF APPLICANT: 9625 Montgomery, La Porte, Harris
County, Texas
TRADE OR ASSUMED NAME OF RESTAURANT BUSINESS: Memory Lane
Restaurant
Section 2. Except and to the extent amended hereby, Ordinance
No. 1000 shall remain in full force and effect.
Section 3. This ordinance shall constitute a permit for the
operation of a restaurant, as above defined, at the above location,
which permit shall be personal to the applicant, and non-transfer-
rabIe, and shall be further conditioned that the permittee shall
comply with the provisions of the Texas Alcoholic Beverage Code,
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Ordinance No. lOOO-X, Page 2
and all other applicable federal, state, and local laws and
ordinances, including other provisions of this ordinance.
Section 4. It is expressly provided that this ordinance is
not an attempt to create a zoning district or comprehensive zoning
as authorized by Vernon's Texas Codes Annotated, Local Government
Code, State of Texas, but rather is to designate that area wherein
beer for consumption on premises may be sold in accordance with the
Authority granted by the Texas Codes Annotated, Alcoholic Beverage
Code, State of Texas.
Section 5. Hereafter no license for the sale of beer for
consumption on premises where sold shall be issued or approved,
save and except the areas designated in Ordinance No. 1000 of the
City of La Porte, Harris County, Texas, and amendments thereto.
Section 6. All rights or remedies of the City of La Porte,
Texas, are expressly saved as.to any and all violations of Ordi-
nance No. 1000 or any amendments thereto, or any other ordinance,
statute, or code, that permits and regulates the subject matter of
this Ordinance, that have accrued at the time of the effective date
of this Ordinance; ana as to such accrued violation, any court
shall have all the powers that existed prior to the effective date
of this Ordinance; and as to such accrued violation, the court
shall have all the powers that existed prior to the effective date
of this Ordinance.
Section 7. If any section, subsection, sentence, clause or
phrase of this Ordinance is for any reason held to be invalid, such
decision shall not effect the validity of the remaining portions of
this Ordinance.
Section 8. The City Council officially finds, determines,
recites and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
Civil Statutes Annotated; and that this meeting has been open to
the public as required by law at all times during which this
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Ordinance No. lOOO-X, Page 3
ordinance and the subject matter
considered and formally acted upon.
ratifies, approves and confirms such written
contents and posting thereof.
Section 9. This ordinance shall take effect and be in force
from and after its passage and approval.
PASSED AND APPROVED this the day of September, 1988.
thereof
The
has
been discussed,
City
Council further
notice and the'
CITY OF LA PORTE
By:
Norman Malone, Mayor
ATTEST:
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8,
'" . ~_ , '_ _~,: " -~ ::<":: "''(,,_''0 c';"''':''';,' :' \--_''",~'~ %"
Is each personnamed in questIOn 6 or 7b above!the~a.ge 'of a mjnor~' .
"
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IF ANY QUESTION BELOW IS ANSWERED "YES", ATTACH ADDITIONAL PAGE GIVING COMPLETE INFORMATION
CONCERNING THE QUESTION,
~"~Wso"7st
- --~-'b: tS"the"premfses ,Ir{ questIon 4-locat~Q' iti'~~i"hotel'o'l ~m'otel?'.M'" tJ'J"'': ,:,.~~<<~~~ YES'~
_' " ,__:,' "_"._' ,,' " ",,, ,'^ H -,'-' ,,'/C-,- ,;:~,,_, ,. ,- '''~''''^ ",_(,:";.}"n1"btf.)I.;.;"'~",,,,,;l!.&Lo/","""''-''''''''''>'''"''''''
.._,~, --If 50, state 'name of 'ho,ter
, ':':h;l';W2h4<-:;"''','-',-' _' ',',-,.'.-,,-, -," <
, .. NOTE: If you are inahotel,yotlmO$t answer question 29 "NO" .an~ submit ~ '
-.26.--..WiUyour ..business be located within 300 feet of a ch,urch' 0 ic hospital?
_ _ --._.Measurements.are, to'bemade from front door to property line along properti;lin
across.. intersections
, .'-"-' ~,"j"""'-.'
27,__ W\".your.. .ss~bei ()cated within ;300 of a public, ,school'?f:11r,;iTi
Measurements are to ;be made. from, t!1e irl,earest property' line ,of tl1e publi.c scho.cH alon
irect ltoEf"scross.Jn 'O(1s. to the, nea~est doorway b)l.\X.f\ich the p,ubJic may ent
i'~o~;_~J;;~ess "be /~it~i~ 1000' f~~~ Of~h~ hear~~~;p;dperty 'line of ia' publ
s' , e ,/[f?rT) door wl:lichttle: publiC'; may entetestablishment: It, so: you '
ne school officials and a copy of such notice must tie ,:attache
~,__,~'.t><,.-~____"..", ""'~
_",...'~""'"'~ ,,~^' '_'MO"~".~~~o"..:<;,,,,,,,.......,,,,
page 2 of 6
Form L-03.1
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IF YOU ARE APPLYING FOR A WINE AND BEER RETAILER'S PERMIT, WINE AND BEER RETAILER'S OFF-PREMISE
PERMIT. BEER RETAILER'S ON-PREMISE LICENSE. OR BEER RETAILER'S OFF-PREMISE LICENSE. THE FOLLOWING
CERTIFICATIONS MUST BE COMPLETED BY THE APPROPRIATE OFFICIALS. IF YOU ARE APPLYING FOR A RETAIL
DEALER'S LATE HOURS LICENSE OR A WINE AND BEER RETAILER'S FOR REGULARLY SCHEDULED EXCURSION
BOATS SEE PAGE 5 AND COMPLETE APPLICABLE SECTIONS.
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COMPTROLLER OF PUBLIC ACCOUNTS CERTIFICATE
This is to certify on the date hereon the applicant holds or has applied for and satisfies all legal requirements for the
issuance of a Sales Tax Permit under the limited Sales, Excise and Use Tax Act or the applicant as of this date, is not
required to hold a Sales Tax Permit. .) 7 2 -' 9 7/''':' /'
Sales Tax Permit Number ~ - c:;/'\" 1- _ ~ t._
Given under my hand and seal this ~ ? fl~4Jay of ~~
, 191.r
11,,'t" I q;{ I,
,\
.,/ (~\\ ',(;,', CS~.
by :' ,I: . "j:", ", "
,'}( I \'
. \
~, J t t 1 111\.;..-
~' .. '"t ~ \", <.
: \ 1\, ,. /
r ,I . <' I
, I ,'I, (,
, ') ,\ , ,
r,,. \'\ 't _ .). I
'r", , ;-. ,'(\( )" CERTIFICATE OF CITY SECRETARY
t"1 1, ~!-,~. (If Not In An Incorporated City, So State)
"""." II tllH I
, I, City Secretary/Clerk of . Texas,
do hereby certify that the location herein given as the place of business is in a "wet area" and that the sale of alcoholic
beverages for which permit is sought is not prohibited by the Charter Ordinances or any amendments thereto at said
location and that no provision of the City Charter or any Ordinances or amendments thereto place any limitations upon the
sale of alcoholic beverages at said location, except as follows:
( !
( )
..... .:
Given under my hand and seal of office this the
day of
, A.D. 19
CITY SECRETARY/CLERK
,;
; :' I COUNTY CLERK'S CERTIFICATE.
I, ,County Clerk of COl!nty, do hereby
certify that the location herein given as the place of business is in a "wet area" and that the sale of alcoholic beverages for
which license or permit is, ~ought is not prohibited by any resolution of the County Commissioner's Court at said location,
Witness my hand and seal of office this the
day of
, A.D. 19_
County Clerk
County
COUNTY JUDGE'S ORDER "
On this the day of , A.D. 1'-1 , came to be heard the foregoing application
an,d it appearing to the C~unty Judge that .due and legal notice was given as required by law; and after having heard the
eVidence and argument, It further appearing that the facts as set forth in the application, are and that
lawful reason exists to warrant the denial thereof:
It is , therefore, the order and judgement of the Judge that said application be in all things approved subject to the
payment of the proper fees and the approval of the Texas Alcoholic Beverage Commission.
County Judge
page 4 of 6
Form L-03,1
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CERTIFICATIONS FOR RETAIL DEALER'S LATE HOURS LICENSE
CITY SECRETARY'S CERTIFICATE
(If not In Incorporated city, 10 Itale)
I hereby certify that the sale of beer is lawfu I at the location of the premises sought to be licensed herein. and that such
location is Inside the boundaries of this city or town and Is not prohibited by charter, ordinance or amendment thereto. I
further certify that: 1. The governing body of this City has by Ordinance authorized sale of beer between midnight and 2:00
A.M. (or) 2. The population of the County In which such premises are located was 300,000 or more according to the last
Federal Census.
Given under my hand and seal of office, this the day of , A.D. 19
CITY SECRETARY/CLERK
COUNTY CLERK'S CERTIFICATE
I hereby certify that the sale of beer is lawful at the location of the premises sought to be licensed herein, and that such
location (IS) (IS NOT) Inside the boundaries of an Incorporated city or town and is not prohibited by any valid order of the
County Commissioner's Court. I further certify that: 1. The Commissioner's Court of this County has by Order authorized
sale l')f beer between midnight and 2:00 A.M. (or) 2. The population of this County according to the last Federal Census
wa~ ~:OO,OOO or more.
Witness my hand and seal of office this the
day of
, A.D. 19_.
County Clerk of
County, Texas
COUNTY JUDGE'S ORDER
On this the day of , A.D. 19 , came to be heard the foregoing application
and it appearing to the County Judge that due and legal notice was given as required by law; and after'having heard the
evidence and argument, it further appearing that .the facts as set forth in the application, are and that
lawful reason exists to warrant the denial thereof:
It is, therefore, the order and judgment of the Judge that said application be in all things approved subject to the
payment of the proper fees and the approval of the Texas Alcoholic Beverage Commission.
County Judge
CERTIFICATIONS FOR WINE AND BEER RETAILER'S PERMIT FOR REGULARLY SCHEDULED EXCURSION BOATS
COMPTROLLER OF PUBLIC ACCOUNTS CERTIFICATE
This is to certify on the date hereon the applicant holds or has applied for and satisfies all legal requirements for
the issuance of a Sales Tax Permit under the Limited Sales, Excise and Use Tax Act or the applicant as of this date, is
not required to hold a Sales Tax Permit.
Sales Tax Permit Number
Given under my hand and seal this
day of
, 19
SEA L
Bob Bullock, Comptroller of Public Accounts
by
Title
COUNTY JUDGE'S WAIVER
I, County Judge of
Texas, do hereby waive the issuance of notice of the filing of this application.
County,
"
County Judge
page 5 of 6
Form L-Q3.1
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page 6 of 6
Form L-03,1
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. .
REOUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
8
Requested By:
epartment:Communitv Development
Repo rt
x
Ordinance
Exhibits:
1) Harris County Flood Control District Map
2) Letter from Harris County Flood Control District
dated 7-14-88
3) Memo from Ervin J. Griffith, Building Official
dated 8-16-88
SUMMARY & RECOMMENDATION
The City of La Porte has entered into an agreement with Harris
County Flood Control District for drainage improvements in the
F 101-00-00 P roj ec t a rea. Thi s ag reement call s for rights-of-way
acquisition. Harris County Flood Control District has asked the
City of La Porte not to is'sue any future building permits the
proposed areas where the rights-of-way acquisition might take
place.
RECOMMENDATION:
Staff recommends an adoption of a resolution to control the
issurance of building permits in the areas designated as proposed
rights-of-way.
Action Required by Council:
Adopt a resolution that would control the issurance of building
permits in the areas designed as proposed rights-of-way.
Availability of Funds:
General Fund
Capital Improvement
Other
Wa te r/Wastewa te r
General Revenue Sharing
Account Number:
Funds Available:
YES
NO
Approved for Citv Council Agenda
G?~~ Ii ~r'
Robert T. Herrera
City Manager
3--ft>-8~
DATE
.
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HARRIS COUNTY FLOOD CONTROL DISTRICT
JAMES B. GREEN, P.E.
DIRECTOR
July 14, 1988
Mr. Robert C. Speake, P.E.
city Engineer
city of La Porte
P. O. Box 1115
La Porte, Texas 77571
RE: Preliminary Right-of-way
FlOl-OO-OO System
Dear Mr. Speake:
Please find attached a red-line markup showing the preliminary
right-of-way proposed for the FlOl-OO-OO project. This right-of-way
is generally consistent with the approved Preliminary Engineering
Report and has been carefully selected to avoid as many structures and
other improvements as possible. As we are proceeding to do the
detailed survey work required for tract plat preparation, we request
that the City issue no building permits for any area within the
proposed right-of-way.
Please note that the exact takings from various properties will not be
known until all surveying and mapping work has been completed.
Consequently, the Flood Control District is not yet in a position to
discuss detailed right-of-way acquisition with property owners.
We greatly appreciate your cooperation in this matter. If you have
any questions, please feel free to give me a call.
Sincerely,
La;: !~'::; ~ 1-'- ,L'
Watershed Coordinator ~ l' ~
TAP:cr
Attachment
xc: Gary M. Green
9900 NORTHWEST FREEWAY, SUITE 220, HOUSTON, TEXAS n092 713.684.4000
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INTER-OFFICE MEMORANDUM
SUBJ:
Joel H. Albrecht, d?J~tor of Community Development
Ervin J. Griffit~~lding Official
Building Permit Issuance in proposed Harris County
Flood Control Easements
TO:
FROM:
DATE:
August 16, 1988
Harris County Flood Control District has requested that the
City of La Porte not issue building permits in areas of proposed
right-of-ways for the FIOI-OO-OO project.
I suggest this item be taken before City Council and ask that
a moratorium be placed on building permits in the areas of the
proposed right-of-way.
EJG/nd
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RESOLUTION NO. R8-1.i.,
A RESOLUTION ESTABLISHING A MORATORIUM ON THE ISSUANCE OF
BUILDING PERMITS WITHIN AN AREA DESIGNATED FOR RIGHT-OF-WAY
ACQUISITION FOR HARRIS COUNTY FLOOD CONTROL DISTRICT PROJECT
FlOl-OO-OO~ FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW~ AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The Harris County Flood Control District, through
an interloal cooperation contract with the City of La Porte, has
determined the preliminary right-of-way proposed for the FlOl-OOO-OO
project. A map or plat showing the location of this preliminary
right-of-way is attached to this resolution as Exhibit "A",
incorporated by reference herein, and made a part hereof for all
purposes. The Harris County Flood Control District has requested
that the City of La Porte issue no building permits for any area
within the proposed right-of-way.
Section 2. From and after the effective date of this
resolution, no City of La Porte building permits shall be issued in
the area of the proposed right-of-way for Harris County Flood
Control District Project FlOl-OO-OO, as shown on the map or plat
attached hereto as Exhibit "A".
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 of La Porte, Texas for the time required by law preceding this
meeting, as required by the Open Meetings Law, Article 6252-17,
Texas Revised Civil Statutes Annotated~ and that this meeting has
been open to the public as required by law at all times during which
this resolution and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the contents
and posting thereof.
Section 4. This Resolution shall be in effect from and after
its passage and approval.
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RESOLUTION NO. fj/? -/Z
Page 2
PASSED AND APPROVED this the 12th day of September, 1988
CITY OF LA PORTE
By:
Norman L. Malone, Mayor
ATTEST:
Cherie Black, City Secretary
AP6Z:'uJ ~
Knox W. Askins, City Attorney
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BEQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
09/12/88
Requested By: John D. Armstrong
Department:
Legal
Repo rt
Resolution XXXX
Ord inane e
Exhibits:
SUMMARY & RECOMMENDATION
This is a resolution authorizing the contract that was entered into by the
La Porte Area Water Authority and the City of La Porte on November 23, 1987.
The City Council has already passed and approved this contract, but the formal
resolution needs to be attached in order to submit to the Attorney General. This
is a "housekeeping item" to enable bonds to be sold by the La Porte Area Water
Authority's Bond Counsel, Baker & Botts.
Action Required by Council:
Pass resolution as provided.
Availability of Funds: N/A
General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other (Motor Pool Replacement Fund)
Account Numbe r:
Funds Available:
YES
NO
Approved for City Council Agenda
QJ~ TI ~
Robert T. Herrera
City Manager
Cl ~~~
DATE
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RESOLUTION NO. 99 - 13
A RESOLUTION AUTHORIZING AND APPROVING A CONTRACT BY AND BETWEEN
THE CITY OF LA PORTE AND THE LA PORTE AREA WATER AUTHORITY FOR THE
SUPPLY OF WATER AND THE CONSTRUCTION, FINANCING AND OPERATION OF
WATER TREATMENT TRANSMISSION AND DISTRIBUTION FACILITIES.
WHEREAS, the City of La Porte has been mandated by the Harris-
Galveston Coastal Subsidence District to convert to surface water
by the year 1990;
WHEREAS, the Authority has heretofore entered into Contracts
for the Supply of Potable Water and the Construction, Financing and
Operation of Water Transmission Facilities with the City of
Morgan's Point, the City of Shoreacres, the Bayshore Municipal
Utility District and all such Contracts and this Contract (collec-
tively, the "Water Sales Contracts") are substantially the same in
all material respects in their terms, conditions and provisions;
WHEREAS, the City Council of the City of La Porte met in open
session on the 23rd day of November, 1987, and considered the
adoption of the Water Sales Contract between the La Porte Area
Water Authority and the City of L~ Porte; and
WHEREAS, the Water Sales Contract between the La Porte Area
Water Authority and the City of La Porte was approved and adopted
by the City Council of the City of La Porte at said meeting; and
the Mayor of the City of La Porte and the City Secretary of the
City of La Porte were authorized to sign and attest said Contract
in their respective capacities; and
WHEREAS, the Authority and the City of La Porte are authorized
to enter into this Contract pursuant to Chapter 729, page 2678,
Acts of the 67th Legislature of the State of Texas, Regular
Session, 1981, V.A.T.C.S. Article 4413 (32c), and other applicable
laws, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF LA PORTE, THAT:
Section 1.
That a contract by and between the City of La
Porte and the La Porte Area Water Authority, a copy of which is
attached hereto as Exhibit "A" and incorporated by reference
herein, be and is hereby authorized, ratified and approved and the
signatures of the Mayor of the City of La Porte and the City Page
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2, Resolution No. flf- J:3
Secretary of the City of La Porte and thereby authorized, ratified,
and adopted as official;
Section 2. That the City Council officially finds, deter-
mines, recites and declares that a sufficient written notice of the
date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public at the offices of
City of La Porte for the time required by law preceding this
meeting, as required by the Open Meetings Law, Article 6252-17,
Texas Revised Civil Statutes Annotated; and that this meeting has
been open to the public as required by law at all times during
which this resolution and the subject matter thereof has been
discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the
contents and posting thereof.
Section 3. That this resolution shall take effect and be in
full force immediately upon and after its adoption.
PASSED, APPROVED, AND ADOPTED THIS THE DAY OF
19
CITY OF LA PORTE
By:
Norman Malone
Mayor
ATTEST:
By:
Cherie
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THE STATE OF TEXAS )
COUNTY OF HARRIS )
CITY OF LA PORTE )
I hereby certify that the attached document is a true
and correct copy of the Contract for the Supply of Potable
Water and the Construction, Financing and Operation of Water
Treatment Transmission and Distribution Facilities, entered
into between the La Porte Area Water Authority and the City
of La Porte, Texas, on November 23, 1987.
To certify which, witness my hand and Seal of Office,
this the 30th day of August, 1988.
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Cherie Black, City Secretary
City of La Porte, Texas
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THIS CONTRACT IS SUBJECT TO ARBITRATION
UNDER THE TEXAS GENERAL ARBITRATION ACT
CONTRACT FOR THE SUPPLY OF POTABLE WATER AND THE
CONSTRUCTION, FINANCING AND OPERATION OF WATER TREATMENT
TRANSMISSION AND DISTRIBUTION FACILITIES
THIS CONTRACT (the "Contract") made and entered into as of
~
the Z?> day of AJtJ?r" , 19if4 by and between La Porte Area Water
Authori ty (the n Authori ty.), a conservation and reclamation district
in Harris County, Texas, and a governmental agency and a body politic
and corporate, created by Chapter 729, page 2678, l~cts of the 67th
Legislature of the State o~ Texas, Regular Session, 1981 (the "l~ct"),
and the City of La Porte, Texas, a municipal corporation of the State
of Texas (the "City"),
WIT N E SSE T H:
WHEREAS, the Harris-Galveston Coastal Subsidence District
(the "Subsidence District"), was created by the Leg islature of Texas
in 1975 for the purpose of regulating the wi thdrawal of groundwater
from the area within the boundaries of Harris County and Galveston
County in order to end subsicence which contributes to or precipitates
flooding, inundation or overflow of any area within the District;
WHEREAS, the Subs idence District is charged wi th the duty
and has the power to control and prevent subsidence within its
boundaries by reducing the amount of groundwater withdrawals from
all wells wi thin the Subsidence District which produce groundwater,
including those owned and operated by corporations, governmental
subdivisions or agencies and other organizations;
WHEREAS, the Ci ty and other Participants named in Section
2.01 hereof are required by the rules and regulations of the Subsidence
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District to reduce their respective withdrawals of groundwater from
their wells and replace such withdrawals with surface water which has
been properly treated for domestic use;
\~dEREAS, the Authority was created primarily for the purpose
of providing water treatment and transmission facilities necessary to
serve municipal corporations, political subdivisions and others within
an area described in Section 3 of the Act, and may provide such facilities
to persons, corporations, municipal corporations, political subdivi-
sions and others within an area described within Section 5(b) of the Act;
WHEREAS, under the Act the Authority has specific power,
among others, to (a) acquire surface Water supplies from sources inside
and outside its boundaries, (b) trea t, puri fy, transport, d is tr ibute ,
sell and deliver Water (as defined herein) to corporations, municipal
corporations, political subdivisions of the State of Texas and others,
(c) purchase, construct or otherwise acquire facilities and improvements
necessary to carry out its pO'wers, and (d) issue and sell its revenue
bonds, wi thout the necess i ty of an elect ion, for the purpose, among
others, of paying the cost of such facilities and improvements;
WHEREAS, a t the request and for the bene fit of the City and
such other Participants, the _?1.uthority proposes (a) to enter into a
contract wi th the Ci ty of Houston, Harris County, Texas, a munic ipal
corporation organized and existing under the laws of the State of Texas,
for the purchase of an undivided interest in the Pumping and Production
Capacity of the City of Houston's Southeast Water Purification Plant
(here inaf ter called the 1\ Sou theas t Plan t 1\) and potable surf ace Wa ter
from the City of Houston's Southeast Plant, in an aggregate amount suf-
ficient to supply the estimated potable surface Water requirements of
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the Participants through the year 1994; and (b) (i) to purchase and con-
struct the Water pumping, transmission, distribution, metering and all
other related facilities necessary to transport potable surface \~ater
from the Southeast Plant to the Authori ty and the Water Distribution
Systems of the Participants, including the City; and (ii) to issue, sell
and deliver its revenue bonds in an aggregate principal amount sufficient
to pay in full (x) the costs of acquiring the Authority's share of the
Southeast Plant, the Transmission System and the Distribution System
and (y) other related costs including the cost of issuing such bonds;
WHEREAS, the Authori ty has heretofore entered into or will
enter into Contracts for the Supply of 'Potable \-Jater and the Construction,
Financing and operation of Water Transmission and Distribution Facilities
with all of the Participants other than the City and all such Contracts
and this Contract (cOllectively, the "\-Jater Sales Contracts") ",,'ill be
subs tant ially the same in all ma ter i al respects in the i r terms, cone i t ions
and provisions;
WHEREAS, in order to co~ply with the rules and regulations of
the Subsidence District at th8 earliest feasible date, the City desires
to purchase \\ater
from the Aut h 0 r i t yon the term san d con d i t ion s
herein set forth and the Authority is willing to sell Water to the City
upon the same terms and conditions; and
WHERE.l\S, the Authority and the City are authorized to enter
into this Contract pursuant to the Act, V.A.T.C.S. Article 4413 (32c),
and other applicable laws;
NOW, THEREFORE, in consideration of the mutual premises and
covenants and agreements herein contained, the Authority and the City
hereby agree as follows:
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ARTICLE I
Definition of Terms
Section 1.01 Unless the context requires otherwise, the
following terms and phrases shall have meanings as follows:
(1) Act - Chapter 729, page 2678 et seq., Acts of the 67th
legislature of the State of Texas, Regular Session,
1981.
(2) Authority - The La Porte Area Water Authority.
(3) Authority Director - the General Manager of the La Porte
Area Water Authority, or his designated representative.
(4) Board
The Board of Directors of the Authority.
(5) Bond Resolution - any resolution or order of the Author-
ity, duly approved by" the City, which authorizes the
issuance of any Bonds.
(6) Bonds - any revenue bonds issued by the Authori ty, as
authorized by this Contract and any Bond Resolution,
whether one or more issues, and the interest appertaining
thereto, to finance the Authority's participation in the
Southeast Plant, the Transmission System, and the Distri-
bution System, including all improvements, enlargements,
and expansions thereof, and any Bonds issued to refund
such bonds.
(7) City - the City of La Porte, Harris County, Texas.
( 8 )
City System - the City's
sewer system, together
extensions, additions,
thereto.
existing waterworks and sanitary
with all present and future
replacements and improvements
( 9 ) Code - the Internal Revenue Code of 1986, as amended.
(10) CWA - the Coastal Water Authority, previously known as
the Coastal Industrial Water Authority.
(11) Demand Allocation Factor - the percentage of the produc-
tion capacity of the Southeast Plant which the Authority
is entitled to use at any given time. The initial Demand
Allocation Factor for the Authority will be the percentage
of the actual production construction cost paid by the
Authori ty divided by the total actual production construc-
tion cost, as specified in Section 2.01 of the Houston
Contract. The initial Demand Allocation Factor is 5.25%.
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(12) Distribution System - those facilities used to transport
treated surface Water from the termination of the trans-
mission facilities shown on Exhibit "Cn, attached hereto,
and fully incorporated by reference herein, to
each Participant's take point.
(13) Excess Product ien Fee - the ra te to be charged to the
City by the Authority for use of production capacity
above the City's share of cornrni t ted capac i ty from the
Southeast Plant which shall be payable in the amounts
and at the times as set forth in Section 4.05 of the
Houston Contract.
(14) Excess Pumoaqe Fee - the rate to be charged to the City
by the Authority for use of ?umping facilities associated
wi th the Southeast Plant in excess of the Ci ty' s share
of cormni t ted capac i ty for the proj ect, whi ch shall be
payable in the amounts and at the times as set forth in
Section 4.05 of the Houston Contract.
(15) Fiscal Year the Fiscal Year of the Authority, as
designated in Section 16(b) of the j\.ct, which is from
October 1 to Se?tember 30 of the following year, unless
and until changed by the Board.
(16) Houston - the City of i1ouston, Harris County, Texas.
(1/) Houston Contract - the contract between the Authority and
Houston, which shall be in all material res?ects in accor-
dance with the terms and provisions of the contract at-
tached to th is Con tract as Exhib i t II A", i ncorpora ted by
reference herein as if recited in this Contract verbatim,
?roviding for the purchase by the Authority of: an
und iv ioed interest in the Sou theast P 1. an t as we 11 as
potable treated surface Water from the Southeast Plant.
(IB) Houston Director - the Director of the City or Houston's
De?artment or Public Works and Engineering or any other
person designated by such Director.
(19) La Porte - the City of La Porte, Harris County, Texas.
(20)
nMGD" - an abbreviation for million gallons per day. As
used in this Contract, "MGD" refers to a quanti ty of
Water during a period of time expressed for convenience
in terms of an average daily quantity during a calendar
month (unless a different period of time is s?ecified).
The volume of two MGD for a calendar month, for exam?le,
is calculated as follows: Two million gallons multiplied
by the number of days in such calendar month.
( 21)
Ooeration and Maintenance Expenses - all costs of pro-
viding Water to Participants under the Water Sales
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Contracts, except for costs funded by Bond proceeds;
debt service on the Authority's Bonds and amounts re-
quired to fund any reserve fund, contingency fund,
reba te fund, or any other fund establ ished under any
Bond Resolution, including without limitation all Opera-
tion and Haintenance Costs billed to the Authority by
Houston, a) 1 Operating and Maintenance Cos'ts incurred
by the Authority related to the Transmission System and
the Distribution System, and all administrative costs
incurred by the Authority (including insurance).
(22) "Particioants" - the City and all of the other parties
named in Section 2.01 hereof who have executed a Contract
substantially similar to this Contract. The term also
includes any customer who executes a Water Sales Contract
pursuant to the provisions of Section 11.09 hereof from
and after such execution.
(23) production Capacity - the maximum rate of production of
trea ted surf ace i~a ter. f rom the Southeast Plant, whi ch
equals 80 MGD.
(24) Pumoing Allocation Factor - the percentage of the South-
east Plant's pumping and related treated Water stora;)e
capacity which the Authority is entitled to use at any
given time. The initial Pumping Allocation Factor f::>r
the Authori ty will equal the actual construction. cost
of the pumping and storage facilities paid by the Author-
i ty d i v ided by the total actual c~:>ns':.ruct i on cos t for
such pumping and storage facilities. The initial Pumping
Allocation Factor is 2.33%.
(25) pumoing Caoacity the maximum rate of delivery of
treated surface Water from the Southeast Plant, which
equals 225 MGD (expressed as a peak hour pumping rate).
(26) Service Area - that area described ln Sections 3 and
5(0) of the .r:..ct.
(27) Southeast Plant - the Project described in the Houston
Contract generally, and specifically described in Exhibit
"B" to the Houston Contract.
(28) Subsidence District - the Harris-Galveston Coastal Sub-
sidence District.
(29) Transmission System - those facilities, including pipe-
lines, easements, pumping, and other devices to deliver
treated surface Water from the take point at the Southeast
Plant, shown on Exhibit "A" attached to the Houston
Contract, to that point shown on Exhibit "c" of this
Contract, which includes necessary storage and pumping
facilities to deliver treated surface water to each
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Participant.
(30) "Water" - the term "Water" means potable treated surface
v~ater that has been suppl ied by Houston in accordance
with the Houston Contract.
(31) Water Sales Contracts this Contract, the contracts
between the lmthori ty and the other Participants named
in Section 2.01 of this Contract, and any Contract
between the Authority and a new Participant. All Water
Sales Contracts are and shall be in a form substantially
similar to this one.
ARTICLE II
Purchase and Construction of the Authority's Share
of the Southeast Plant and Transmission SYstem~
Execution of Contracts
Section 2.01 With the full cooperation of the City (and the
other Participants) the Authority agrees to purchase an initial Demand
Allocation Factor of 5.25% and an initial Pumping Allocation Factor of
2.33% in the Southeast Plant, in accordance with the Houston Contract,
attached hereto as Exhibit "A". Each Participant's share of the initial
Demand Allocation Factor and initial Pumping Allocation Factor are set
forth below opposite the name of each party.
% SHARE SHARE % SHARE SHARE
PARTICIPll.NT OF lDAF* OF IDAF* OF IP.r:..F** OF IPAF**
City of La Porte 83.30% 4.375% 83.30% 1.94%
Bayshore MUD 7.67% 0.400% 7.67% 0.18%
City of Shoreacres 4.74% 0.250% 4.74% 0.11%
City of Morgans Point 4.29% 0.225% 4.29% 0.10%
*
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IDAF - Initial Demand Allocation Factor
IPAF - Initial Pumping Allocation Factor
Sect ion 2.02 Promptly after the execution and del ivery of
this Contract, and after the execution and delivery of the Houston Con-
tract by the Authority and Houston, the Authority shall proceed promptly
to (a) acquire sufficient land for all easements or rights-of-way neces-
sary to deliver Water from the Southeast Plant to the Participants as
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provided herein: (b) cause its eng ineers to prepare detailed plans and
specifications for the construction of the Transmission System and
Distribution System: and (c) obtain the approval of all such plans and
specifications by the Texas Department of Health and all other govern-
mental agencies having jurisdiction.
Section 2.03 The pro rata share of each Participant in the
actual construction cost of the Transmission System and the Distribution
System shall be calculated when sufficient engineering and cost data
are available to the Authority.
Each Participant, including the City,
shall approve the finalized construction cost formula and the City's
share of the actual construction cost for the Transmission System and
Distribution System to be paid by the City and the other Participants,
prior to the .:;uthority's sale of bonds to finance the Distribution
System and Transmission System.
Section 2.04 It is expressly understood a~d a;reed that
the acquisition of land, easements, and rights-ot-way, the awarcing of
Contracts, the approval of plans and specifications and the approval of
changes in said plans and specifications, and the supervision of
construction of the Southeast Plant, the Transmission System, and the
Distribution System are solely within the discretion and control of the
.!>,.u thor i ty.
Section 2.05 It is expressly understood and agreed that any
obligation on the part of the Authority to acquire, construct, improve,
enlarge, extend, repair, complete or operate the Authori tyl s share of
the Southeast Plant, the Transmission System, and the Distribution
System shall be subject to:
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(a) The availability of sufficient funds timely to pay all
of the costs of construction of the Authority's share of
the Southeast Plant and the Transmission System and the
Distribution System;
(b) The Authority's ability to obtain all sites, rights-
of way, easements, labor, equipment and materials as
required for the construction of the Authori ty' s share
of the Southeast Plant, Transmission System, and Distri-
bution System; and
(c) The Authority's obtaining all permits, licenses and ap-
provals required to construct and operate the Authority's
share of the Southeast Plant, the Transmission Syste~,
and the Distribution System, provided the Auth~rity
shall exercise its best efforts at reasonable expense so
to do.
Section 2.06 Any duly designated representative of the City
shall, subj ect to mak ing su i table arrangements through the Authori ty
Director and the Houston Director, and subject to reasonable safety
re;1ulations, have access during normal working hours to the Southeast
Plant, the Transmission System and the Distribution System during
construction in progress and thereafter, and may make such inspe~tions
thereof as may be deemed necessary or desirable. Such representatives
of the Ci ty shall also have full access during normal business hours,
upon reasonable not i ce, to all of the Au thori ty I S con trac ts, books,
records and other da ta relating to the construct ion or opera t ion of
the Authority's share of the Southeast Plant, the Transmission System,
and the Distribution System.
Section 2.07 The City recognizes that the Houston Contract
may be amended from time to time, particularly in regards to the rates
for the sale, transportation, and delivery of potable water charged by
Houston to the Authority. The City agrees to be bound by such amendments
as they may occur. The Authority shall use its best efforts to negotiate
said amendments so as to benefit all Participants in the Authority's
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share of the Southeast Plant, the Transmission System and the distribu-
tion system. In any event, no amendment to the Houston Contract shall
supersede or diminish the obligation of the City to adhere to the pro-
visions of this Contract or th~ City's obligation to pay for its share
of the debt service attributable to any Bonds issued pursuant hereto,
or otherwise to adhere to the Bond Resolution authorizing the sale of
such Bonds.
Section 2.08 The City recognizes that the Water to be
delivered by the Authori ty hereunder will be potable treated surface
water (i) that has been purchased by and delivered to the Authority by
Houston as the operator of the Southeast Plant; and (ii) that shall
meet all appl icable puri ty standards at the point of delivery to the
Participant of the Texas Department of Health and all other governmental
agencies with a p;> r 0 p ria t e jurisdiction, as s;> e c i fie d in Ex h i ~ i t "A".
The City has satisfied itself that such water will be suita~le for its
needs. THERE ARE NO WARRANTIES, EXPRESS OR I~PLIED, \~,ICH EXTEND
BEYOND THE DESCRIPTION ABOVE.
Section 2.09 The City may have the right to sell and deliver
vlater to bulk purchasers thereof or other Participants who are not
customers of the City System, provided (a) all Water sold and delivered
to any such purchaser or Participant, for all purposes of this Contract,
shall be treated as a part of the Water delivered by the Autnority to
the City hereunder, (b) the City shall not be relieved of its obligations
hereunder to pay for all such Water: (c) the Authority shall never be
required, without the written approval of all other Participants, to
deliver to the City any Water in excess of that resulting from the
City's share of the Demand Allocation or Pumping Allocation Factor in
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the Southeast Plant; and Cd) the City will not enter into any take-or-
pay con tract whereby a person agrees to take, or to take or pay for
Water provided to the Ci ty under this Contract or other'wise agrees to
purchase any Water provided to the City under this Contract wi thout
the prior written consent and approval of the Authority.
ARTICLE III
Issuance of Bonds
Section 3.01 At such time as the Board deems it appropriate,
after considering the advice of its financial advisor and after the
.l\uthori ty has entered into \'iater Sales Contracts wi th all of the
Participants, the Authority will exercise its best efforts to issue,
sell and deliver, in one or more series, its Bonds, payable solely
from the charges of the Authority payable under such Water Sales Con-
tracts, in the aggregate principal amount of $
or such
1 esser amount as may be necessary or des i rab1e in the op:. n ion of the
Board to pay f or the cost of acqu is it ion, purchase or cons t ru::t ion of
the Au thor i ty' s share of the Sou theast Plan t, the Transm iss i on System
and the Distribution System and all related costs including without
limitation initial Operation and Haintenance Expenses, all financing,
accounting, engineering, legal, printing and other expenses and costs
incurred in i ssu ing such Bonds, interest on the Bond s and opera t ing
and maintenance expenses of the Authori ty I s share of the Southeast
Plant and the Transmission System and the Distribution System during
the period of construction, and amounts necessary to fund the interest
on and sinking fund established to provide for the payment of the in-
terest on and the principal of, the Bonds and any rese~ve fund, contin-
gency fund, operating reserve fund or other fund prov ided for in the
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Rond Resolution, plus an amount sufficient to pay and reimburse the La
Porte for the Authority's administrative and overhead expenses thereto-
fore incurred and directly attributable and chargeable to the acquisi-
tion of the Authority's share of the Southeast Plant, the transmission
System and the Distribution System.
Sect ion 3.02 \vhen the .lI.u thor i ty des ires to issue Bonds, it
sha 11 del i ver to the Ci ty and to La Porte for the i r approval as to
substance and form a proposed Bond Resolution (complete except
inter-es t ra tes , name of the ini t i al purchaser or purchasers of
for
the
Bonds and the discount or premium thereon) and the Authority's estimate
of the amount requ i red to (a) payor prov ide for the payment of (i)
all interes t on, and pr inc ipal of, the Bonds as and when the same
shall become due and payable and (i i) all reserve, con t i ngency and/or
other funds provided for in such Bond Resolution and (b) fulfill the
ter-T:lS of any agreement or covenant made by the .lI.uthori ty ......i th the
owners of such Bonds or any person on their behalf. I f the Ci ty con-
sents to such Bond Resolution or fails to object thereto as provided in
Section 3.03 hereof, the Authority shall thereafter be fully authorized
to issue such Bonds and to charge and collect the monthly minimum charge
specif ied ln Section 7.01 hereof from the Ci ty ln respect thereof.
Section 3.03 Within fifteen (15) days of the receipt of the
Authority's proposed Bond Resolution, the City shall either consent
thereto (as evidenced by the adoption of an ordinance or resolution of
its City Council) or institute arbitration proceedings as provided here-
in to settle any claim, objection or controversy which the City might
raise concerning the form of the proposed Bond Resolution, otherwise
any such claim, objection or controversy s:,a1l be deemed waived. Issu-
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ance of the Bonds shall not occur until arbitration, if any, is concluded.
Section 3.04 Promptly after the City and La Porte approve
the proposed Bond Resolution, the Authori ty shall proceed wi th the
preparation of such data, materials and documents as may be necessary
in the opinion of its financial advisor to facilitate the sale and
del ivery of the Bonds, and the Ci ty agrees promptly to furnish the
Aut.hor-ity with all such financial information and other data as may
reasonably be required by the l\uthority in the sale of the Bonds in
cOinpliance wi th all appl icable la'ws, rules and regulat ions; prov idee,
however, tha t no representation, covenant or warranty of the City,
except as contained in this Contract, shall be included by the Authority
in any sales documents in connection with the sale of the Bonds without
the app~oval of the City. Following the sale and delivery of the Bonds,
the lwthority shall 'furnish the City v.:ith a debt service s::::hedule
shJwing the amounts required to pay all interest on and principal of
the Bonds as the same shall become due and payable.
Section 3.05 All Bonds shall be authorized, executed, issued,
sold and delivered in substantial compliance with the provisions of the
Act, i nc lud ing wi thou t 1 imi ta t ion Sect i on 13 thereof, and the Texas
Bond Procedures Act of 1981, as supplemented and amended. The proceeds
of sale of the Bonds, after deducting the costs of issuance and funding
any debt serv ice, reserve, cont i ngency, escrow or, other funds wh ich
are required by the Bond Resolution to be funded from such proceeds,
shall be deposited into the special construction fund provided for in
the Bond Resolution and used to pay the costs of acquisition, purchase
and construction of the Authority's share of the Southeast Plant, the
Transmission System and the Distribution System.
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Section 3.06 In case of any deficiency in such special con-
struction fund to payor provide for the timely payment of the costs
of acquisition and construction of the Authority's share of the Southeast
Plant, the Transmission System and the Distribution System, the Authori ty
shall proceed in the manner provided above to issue, sell and deliver
such further or additional series of its Bonds, as may be necessary to
provide funds for such purpose, and the City agrees to assist and
cooperate with the .~uthority in whatever means reasonably possible to
expedite such issuance and sale of additional Bonds and to avoid delays
in construct ion or de faults of cons truct ion payments.
Any surplus
funds on hand in such special construction fund, after payment of all
costs of acqu i sit ion or construct ion of the Authori ty' s share of the
Southeast Plant, the Transmission System and the Distribution System,
and all expenses of issuing such bonds, and after funding all reserve,
escrow, sinking or. other funds re:;juired by the Bond Resolutions( s) to
~e so funded, shall be transferred to and deposited in the debt service
fund or sinking fund created by the Bond Resolution to provide for the
~ayment of the principal of, and interest on, such Bonds.
.~RTICLE IV
Operation of the Southeast Plant~ Sale and Deliverv of ~ater
Sect ion 4.01 The City recogni zes tha t, ?ursuant to the terrr.s of
the Houston Contract, the _~uthority is not entitled to operate the
Southeast Plant, but rather is a customer and equi table owner of a
portion of said plant. The Authority shall be responsible for operating
and maintaining the Transmission System and the Distribution System.
Section 4.02 In accordance wi th the terms and subj ect to the
conditions as set :orth in this Contract and the Houston Contract, the
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Authority shall sell and deliver (or cause to be delivered) to the City
at the points of delivery hereinafter specified, and the City agrees to
purchase from and pay the Authority for the potable Water used by the
City. The City is required to make payments to the Authority even if
no Water is delivered to the City by the Authority in accordance with
the provisions of Section 6.05.
The unit of measurement for Water delivered hereunder shall be
1,000 gallons of water U. S. Standard Liquid Measure.
Subj ect to the first paragraph of thi s sect.ion, the City sha 11
be enti tIed to receive the entire amount of the Ci ty' s share of the
Demand Allocation Factor and Pump ing Allocation Factor. The City may
take Water from the Southeast Plant through the Authority Transmission
System, but may not take Water from the Southeast Plant that exceeds
the City's share of Production Capacity of the Southeast Plant multi-
pI ied by Ci ty' s then current share of the Demand Alloca t ion Factor,
nor may City take Water from the Southeast Plant through the Authority's
Transmission System at a rate which exceeds the Ci ty' s share of the
Pumping Capacity of the Southeast Plant multiplied by the City's
then current share of Pumping Allocation Factor.
In the event that the Southeast Plant is not being operated at its
Production Capacity or its Pumping Capacity, the City may, with the
agreement of the Authori ty Director and the Houston Director, use a
portion or all the unused Production Capacity or Pump ing Capaci ty of
the Southeast Plant during a billing period. When such additional
Production Capacity or Pumping Capacity is used, the City shall pay
the Excess production Fee or the Excess Pumpage Fee, \ or both, as the
case may be, as are established in Section 4.05 of the Houston Contract,
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'attached hereto as Exhibit nAn, and billed by Houston to the Authority.
Nothing herein shall be construed to limit or frustrate the right
of City, the Authority or any other Participant to enter into agreements
for the al teration of any Participant's share of the Demand Allocation
Factor or Pumping Allocation Factor.
NOTICE: In addition, the Authoritv reserves the right to limit the
amount of Water actuallv received bv the City (by the use of flow regu-
lators, throttling devices or other restrictive metering devices) to the
amount .ofreserved production or Dumping caDacity of the City, and at an
instantaneous rate eaual to said Droduction caDacity or Dumping capacity.
Section 4.03 In consideration of and subject to the other terms
and cond it ions of this Contract, the Au thori ty shall make, and the Ci ty
shall take, de livery of Wa ter at the points of de livery spec if ied in
Exhibi t "c" annexed hereto anj hereby made a part of this Contract. In
the event that the City desires Water to be delivered at a substitute
or additional point of delivery, the City shall give the Authority
wri t ten not i ce and the full part iculars wi th respect thereto and such
substitute or additional point of delivery will be established by the
mutual agreement of the parties; provided, however, any cost or additional
cost associated with any such substitute or additional point of delivery
shall be borne by the City and the Authority shall have no obligation
to effect the delivery of Water at any such delivery point until all
such costs have been paid or reasonably provided for in the opinion of
the Board. Title to, possess ion and control of and respons ibil i ty for
all Water deliverable to the City hereunder shall remain in the Authority
up to the discharge side of the Authority's meter at each of the points
of delivery specified herein or pursuant to other provisions hereof
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whereupon title to, possession and control of, and responsibility for
all such Water shall immediately pass to and vest in the City.
Each
party hereto shall save and hold the other harmless from all claims,
demands and causes of action which may arise while said Water is under
its ownership and control.
Section 4.04
It is recognized and understood by both parties to
this Contract that the Ci ty now owns and operates a system of wells
producing Water and that the City may elect to attempt to acquire and
operate additional wells, subject to the ap.proval of a.ll regulatory
authorities. While nothing in this Contract shall obligate the City to
continue the operation of its own Water wells, the City nevertheless
agrees that the \1ater suppl ied hereunder will be its principal source
of Water, and if it continues the operation of its m.m Water wells,
the City will coordinate the production therefrom in such manner a~ t6
minimize large daily fluctuations in the quantity of Water taken under
this Contract.
ARTICLE V
Meterinq Equipment
Section 5.01 The Authority shall install, operate and maintain at
its expense the necessary measuring equ ipment of standard type for
measuring properly the quantity of Water delivered under this Agreement.
Such measuring equipment shall be located on Authority's supply main at
each point of delivery.
Such meter or meters and other equipment so
installed shall remain the property of Authority. Each of the partici-
pants shall have access to such measuring equipment at all reasonable
times, to
inspect
and to employ an
independent
laboratory
t
to
check
measuring equipment, but the reading, calibration and adjustment thereof
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shall be done only by the employees or agents of Authori ty.
For the
purpose of this Contract, the original record or reading of the main
meter shall be the journal or other record book of Authority in its
off ice in which the records of th~ employees or agents of Authori ty
who take the reading are or may be transcribed. Upon written request
of any of the Participants, the Authority will provide a copy of such
journal or record book, or permi t them to have access to the same in
the office of Authority during reasonable business hours.
Sect ion 5.02 Cal ibrat ion of Meters Once each Fi seal Year, on a
date as near the end of such Fiscal Year as practicable, the Authority
shall calibrate its meters at each point of delivery (and if requested
in writing by the receiving Participant, in the presence of a represen-
tative of such receiving Participant), and the parties shall jointly
.,
observe any adjustments which are made to the meter in case any adjust-
ments shall be necessary, and if the check meter hereinafter provided
for has been installed, the same shall also be calibrated by the re-
ce i v ing Partie ipan t in the presence of a representa t i ve of Author i ty
and the parties shall jointly observe any adjustment in case any
adjustment is necessary.
If the City shall in writing request the
Authority to calibrate its meter and the l\uthority shall give to the
City forty-eight (48) hours wri t ten notice of the time when any such
cdlibration is to be made and a representative of the City is not
present at the time set, the Authority may proceed with calibration
and adjustment in the absence of any representative of City.
Section 5.03 Testing of Meters. If the City or the Authority at
any time observes a variation between a main delivery meter and the
check meter, if any such check meter shall be installed, such party
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will promptly notify the other party, and the parties shall then cooperate
to procure an immediate calibration test and joint observation of any
adjustment and the malfunctioning meter shall then be adjusted to
accuracy. Each party shall give the other party forty-eight (48)
hours' notice of the time of any test or meter so that the other party
may conveniently have a representative present.
In addition, any
Participant may request the Authority to provide a periodic calibration
test of the measurin~ equipment, for any reason.
If the calibration
test shows that the Authority's meter is accurate within the below-
described tolerances, then. such Participant shall pay for the test
performed. I f the calibrat ion test shov.'s tha t the Au thori ty' s meter
is not accurate within the below described tolerances, then the .~uthority
shall pay for said meter calibration test.
Sect ion 5.04 Ad; ust...nents to Meters
~
If, upon any test, the
percentage of inaccuracy of metering equipment is found to be in excess
of three percent (3%), registration thereof shall be corrected for a
period extending back to the time when such inaccuracy began, if such
time is ascertainable, and if such time is not ascertainable, then for
a period extending back one-half (1/2) of the time elapsed since the
last date of calibration, but in no event further back than a period of
six (6) months.
If, for any reason, the main meter is out of service
or out of repair so that the amount of Water delivered cannot be
ascertained or computed from the reading thereof, the Water delivered,
through the period such meter is out of service or out of repair, shall
be estimated and agreed upon by the parties thereto upon the basis of
the best data available.
\
For such purpose, the best data available
shall be deemed to be the registration of any check meter if the same
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has been installed and is accurately registering. Otherwise, the best
data available shall be deemed any other meters in the transmission
line or treatment plant which can be related to the main delivery meter.
If no other meters in the system are operational which- will allow
determination of delivered quantity, then the Authority shall determine
the amount of Water delivered during such period which may be estimated
(i) by correcting the error if the percentage of error is ascertainable
by calibration test or mathematical calculation, or (ii) by estimating
the quanti ty of del i very by del i veries during the preced ing periods
under similar condi tionswhen the meter was registering accurately.
ARTICLE VI
Rates and Charaes
Section 6.01 The City and the Authority recognize the statutory
and contractual duty of the Authority to fix and from time to time to
alter and revise the rates and charges for Water delivery services to
be furnished and made available to the Participants so that the revenues
received by the Authority therefrom will at all times be not less than
an amount sufficient to:
(a) Payor provide for the payment of all expenses (including but
not 1 imi ted to Operation and "~aintenance Ex,j?enses) incurred
by the Authority and billed to the Authority by Houston in
producing, treating, and pumping the Water actually delivered
to the City;
(b) Pay all expenses of the Authority incurred in connection with
the Transmission System and Distribution System, including
but not limi ted to operation and ma intenance expenses connected
with the Transmission System and Distribution System; and
(c) Payor provide for the payment of:
(i) all of the premium, if any, and interest on, and the
principal of, all Bonds when and as the same shall
become due and payable; and
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(ii) any sinking fund, and all reserve, contingency and
other fund payments to be made in respect of any Bonds
when and as the same shall become due and payable; and
(iii) fulfill the terms of any agreements or covenants with the
owners of any Bonds and/or wi th any person on t.heir behalf.
The City recognizes that the Authority must fix and from time to
time alter and revise its rates and charges for Water delivery services
from the Southeast Plant through the Authority's Transmission System
and Distribution System so that the gross revenues and the net revenues
actually received by the Authority from the Participants will produce
revenues suf f ic ient as aforesa id on the bas is of actual cash requ i rements,
wi th full allowance be i ng made for del inquencies and cos ts of collect ions.
Section 6.02 The parties further recognize that the rates and
charges payable hereunder and under the other Water sales contracts
wi II be the only source of funds (other than bond proceeds) ava i 1 able
to the Authority with which to discharge its obligations hereunder, and
further, that the Authority is not organized for profit and that its
rates and charges should be at all times the lowest rates and charges
whi~h are consistent with the aims and objectives of this Contract, the
efficient and economical provision of Water delivery ser~ices to all
Participants now or hereafter served by the Authority and good business
management on the part of the Authority.
Section 6.03 For the services rendered and to be rendered by the
Authority under this Contract, the City agrees to pay to the Authority,
at the time and in the manner hereinafter set forth, so long as this
Contract is in force and effect, the rates and charges established as set
forth in this Contract.
Section 6.04 Notwithstanding any term or provision herein to the
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contrary, the City shall make payment of all rates and charges payable
hereunder to the Authority without regard to whether the Authority has
completed the acquisition, construction, improvement, enlargement, ex-
tension, or repair of its share of the Southeast Plant, or of the
Transmission System or the Distribution System, without regard to whether
the Southeast Plant, the Transmission System, or the Distribution
System is operating, or is operable, or its output is suspended, inter-
rupted, reduced or curtailed or has been terminated or abandoned,
entirely or in part, and without regard to any other condition or cause.
Section 6.05 On or before May ~ of each year, the City (and each
of the other Participants) shall submit its best estimate of the volume
of \-Jater it will purchase from the Authority during the Fiscal Year
commencing on the foll:Jwin:;1 October 1.
On or before June 1 of each
year, the .~uthori ty shall then prepare and submi t to the Ci ty (3.nd
each of the other Participants) the Authority's best estim3.te of the
costs and expenses which will be incurred by the City to purchase Water
f rom the Au thori ty, includ ing all ra tes and charges spec if ied above,
during the Fiscal Year commencing on such October 1. The total of all
such estimated costs and expenses, after deducting any surplus funds
which may be on hand or after adding such amount as may be deemed
reasonable to restore during the year any deficiency of funds on hand,
shall then be divided by the estimated total volume of Water which will
be delivered to all of the Participants during said year. The quotient
(expressed in dollars per thousand gallons, the "Budgeted Unit Expense")
shall be used, subject to the remaining provisions of this Article VI,
for billing purposes during said Fiscal Year.
Section 6.06 In the event the Authority experiences any material
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variation in the costs and expenses of operating and maintaining the
Project or in the volume of Water delivered thereby, it may adjust the
Budgeted Unit Expense by whatever amount is necessary, in the Board's
opinion, provided (a) wri tten notice with respect thereto, specifying
the material facts involved, is given to the City and each of the other
participants and (b) the adjustment shall not be effective until the
first day of the second month following the receipt of such notice, ex-
cept any adjustment resulting from action taken in any emergency and any
decrease in the Budgeted Unit Expense may be made effective with the
next monthly statement submi t ted to the Ci ty (and the othe r Part ic ipants) .
Section 6.07 The Authority is empowered to establish and fund such
reserve funds as it deems necessary and prudent for the operation of
the Authority's share of the Southeast Plant, the Transmission System,
and the Distribution System.
.:;mounts necessary to fund such reserve
funds shall be chargeable to the Ci ty (and the other Part i c ipan ts) as
a portion of the Budgeted Unit Expense. Said reserve funds may include
(but not necessarily be limi ted to) a reserve fund for the payment of
principal and interest on the bonds, an operating reserve fund, a con-
tingency reserve fund, and a capital repair reserve fund. Said reserve
funds may only be established by resolution or order adopted by the
Board. Further, said reserve funds may be funded, in whole or in part,
by proceeds from the sale of the Bonds, or by proceeds obtained by the
Authority from authorized Operating Charges (or capacity charges, as
the case may be) collected from all Participants.
ARTICLE VII
Billing and Payment
Section 7.01 On or before the tenth (10th) day of each
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calendar month commencing 10, 19_, and continuing
thereafter throughout the term of this Contract, the Authority shall
submit to the City (and to each of the other Participants) a statement
invoicing the Authority's charges for the previous billing period.
Each such statement shall specify (a) the volume of the Water delivered
to the City during such month multiplied by the Budgeted Unit Expense
(as adjusted, if such be the case); (b) the Production and Pumping
Operation and Maintenance Expenses due by the City in respect of such
..month (calculated on the basis of the actual volume of Water delivered
to the City); (c) the City's share of Operation and Maintenance Expenses;
(d) the City's monthly minimum charge due by the City pursuant to the
prov is ions of th is Contract; and (e) the total of all such charges.
The City shall pay each such statement promptly upon its receipt thereof,
and any amount n~t. paid within forty (40) days of the date of said
s ta tement shall bear interes tat the ra te of ten percent ( 10%) per
annum until paid and, if any part of the amount past due and unpaid
(including interest) is collected by the Authority through the services
of an attorney, there shall be added thereto the amount of a reasonable
attorney's fee.
Notwithstanding the above, and regardless of whether the City actu-
ally takes Water from the Au thor i ty, the Ci ty shall pay, as the same
becomes due and payable, Q monthly minimum charge which represents the
Ci ty' s share of principal and premi urn (if any) plus interest charges
on all Bonds issued pursuant to this Contract (together with all funding
requirements for all reserve and other funds established under any Bond
Resolution). Said monthly minimum charge shall be calculated as follows:
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{~:N:H:)+3N:M+ ~t:E E)+a x +62 x +(~ x H)
A - The total of all principal and mandatory sinking fund payments
of, and premium on, all outstanding Bends due within the next
twelve (12) months, the net proceeds of which have been or
are to be used for Production Capacity and Pumping Capacity.
B - Percentage of City's share of the Authority's Initial Demand
and Pumping Allocation Factor in Section 2.01 of Houston
Contract. In this instance, the Authority's share is 100% and
the share of each Participant is as follows:
La Porte - 83.30%
Morgan's Point - 4.29%
Shoreacres - 4.74%
Bayshore Municipal Utilit~ District - 7.67%
C - Total interest due on all outstanding Bonds due within the
nex t six (6) months, the net proceeds of wh i ch have been or
are to be used f or Product ion Capac i ty and Pump i ng Capac i ty.
D - The total of all principal and mandatory sinking fund
of, and premium on, all outstanding Bonds due within
twelve (12) months, the net proceeds of which have
are to be used for the Transmission System.
payments
the nex t
been or
E - Percentage of the City's share of the total cost to construct
Transmission System, as established in Section 2.03 of this
Contract.
F - Total interest due within the next six (6) months on all out-
standing bonds, the net proceeds of which have been or are to
be used for the Transmission System.
G - The total of all principal and mandatory sinking fund payments
of, and premium on, all outstanding Bonds within the next
t.....e1 ve (12) months, the net proceeds of wh i ch have been or
are to be used for the Distribution System.
H - Percentage of the City's share of the total cost to construct
the Distribution System, as established in Section 2.03 of
this Contract.
I - Total interest due within the next six (6) months on all out-
standing bonds, the net proceeds of which have been or are to
be used for the Distribution System.
The proceeds of the Bonds used for a particular purpose shall
include: (i) the Authority's costs of issuing such Bonds; (ii) any
amounts deposi ted to a fund or funds pursuant to the Bond Resolution
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authorizing such Bonds; and (iii) the proceeds of any Bonds issued to
refund such Bonds. If Bonds are issued for more than one of the purposes
1 isted above, or for any other purpose, the Author i ty shall alloca te
such Bond proceeds pro rata in accordance with such uses.
Section 7.02 In the event the City fails to pay any statement
when it is due and payable, the Authority may give notice of such
del inquency to the Ci ty and if all statements then due and un:;:>aid,
including interest thereon, are not paid within thirty (30) days after
the delivery of such notice, then the City agrees that (a) the Aut~ority
shall be authorized, at its option, to file suit for the collection
thereof and to collect any amounts due and unpaid, together with interest
thereon at the maximum legal rate and reasonable attorney's fees, and
(b) the Authority may, at its option and in addition to all other available
remedies, terminate the delivery of Water to the City under this Contract
until all amounts due and unpaid are paid in full as herein specified.
Section 7.03 In order to assure obtaining the lowest possible
interest cost wi th respect to the Author i ty' s Bonds, the City a<;rees
that it is in its best interest to establish a reliable record :>f
payment of the Authority's rates and charges. l\ccordin;;ly, the City
further a;jrees that it shall :>e uncond i t ionally obl ig a ted to pay all
sums payable to the Au thor i ty hereunder and it shall pay the salle
without set-Off, counterclaim, abatement, suspension, or diminution
except as otherwise expressly provided herein, and this Contract shall
not terminate, nor shall the Ci ty have any right to terminate this
Contract, nor be entitled to the abatement of any payment or any reduc-
tion thereof, nor shall the obligations hereunder of the City be other-
wise affected for any reason that might be considered failure of consi-
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dera tion, eviction ....r constructive ev iction, ......:struct ion or damage to
the Authority's share of the Southeast Plant, the Transmission System,
or the Distribution System, failure of the Authority to perform or ob-
serve any agreement, whether expressed or implied, or any duty, liabi-
lity or obligation arising out of or connected with the Contract, it
being the intention of the parties that all sums required to be paid by
the City to the Authority hereunder shall continue to be payable in all
events and the obligations of the City hereunder sha~l continue unaffec-
ted, unless the requirement to pay the same shall be reduced or termin-
ated pursuant to an express provision of ,this, Contract.
If the City
disputes any amount to be paid to th~ Authority, the City shall nonethe-
less promptly make payments as bi lIed by the Au thori ty, and if i t~ is
subsequently determined by agreement, arbitration, regulatory decision
or court decision that such disputed payment should have been less, the
Authority will then make proper adjustments to all Participants so that
the Participant will receive credit for its overpayments. Nothing con-
tained in this Section 7.03 shall be construed to release the Authority
from performance of any of the agreements on its part in this Contract.
ARTICLE VIII
Depositorv: Budaet and Audits
Section 8.01 Pursuant to the provisions-of Section 16(a) of
the Act, the Board shall select such depository or depositories as it
deems prudent for the funds of the Authority.
Section 8.02 On or before June 1 of each year the Board shall
cause to be prepared a tentative budget for the ensuing Fiscal Year.
Said tentative budget shall be delivered by the Authority to the City
and the other Participants, which shall have an opportunity to prepare
and submit to the Board its comments thereon. Said comments shall be
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delivered by the Board to the Authori ty and the other Participants
within 30 days of the receipt of the tentative budget. Thereafter, the
Board shall review the comments from the City and all other Participants
and shall prepare its budget on or before August 1 for the ensuing Fis-
cal Year. Said Budget, when prepared, shall be delivered to the City.
Section 8.03 Pursuant to the provisions of Section l6(b) of
the Act, the Board shall cause an audit of its affairs to be prepared
by an independant Cert i f ied Publ ic Accountant or an i ndependant firm
of Cer.tified Public Accountants. l\ written report of the audit shall
be delivered to each member of the Board not later than 90 days after
the close of each Fiscal Year. Copies of the audit shall be delivered
to the office of the Authority, one of which shall be kept on file and
shall consti tute a publ ic record open to inspection by any interested
pe rson or persons dur i ng normal of f ice hours of the }\u thor i ty. One
copy of the aujit shall be delivered to each Participant. The cost of
the audit shall be paid by the Authority, and shall be an Operation
and Maintenance Expense.
ARTICLE IX
Covenants of the Authority
Section 9.01 The Authority represents and covenants that (a)
it is duly authorized and empowered to enter into this Contract and (~)
it has and will have, throughout the term of this Contract, good right
and lawful power to execute, deliver and perform its obligations here-
under.
Section 9.02 The Authority covenants and agrees that it will
exercise its best efforts (a) to operate, maintain and manage the
Authority's share of the Southeast Plant, the Transmission System, and the
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Distribution System or cause the same to be operated, maintained and
managed in an efficient and economical manner in accordance with stan-
dards normally used by u,tilities owning like properties and in accordance
with the standards established in Exhibit nA" and (b) to make or cause
to be made all needed replacements, additions, betterments and improve-
ments thereto in such manner that the efficiency of the Authority's
share of the Southeast Plant, the Transmission System, and the Distri-
bution System shall be fully maintained; provided, however, the Autho-
r i ty may temporar i ly in terrupt or reduce del i veries of Wa ter to the
City if the Authority determines that such interruption or reduction
is necessary in case of emergencies or to install equipment, make
repairs, replacements or inspections, or perform any other maintenance
work on the Authority's share of the Southeast Plant, the Transmission
Sj'stem, the Distribution System or. any part thereof. The Authori ty
shall inform the City of any such planned interruption or reduction,
giving the reason therefor, and will attempt to schedule the same at a
time which wi 11 cause the least in terference wi th the opera t ions of
the Participants. The foregoing is subject to the provisions of the
Houston Contract.
Section 9.03 The Authority covenants and agrees that it will
comply with all terms, covenants and provisions of the Houston Contract,
and will exercise its best efforts to enforce compliance by Houston of
its obligations thereunder in accordance with the respective terms
thereof.
Section 9.04 The Authori ty covenants and agrees to use its
best efforts to collect all charges due for Water supplied by it pursu-
ant to the Water Sales Contracts as the same shall become due, and shall
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at all times maintain and promptly and vigorously enforce its rights
against any Part icipant which does not pay such charges when due.
Section 9.05 , The Authority covenants and agrees to enforce
diligently the provisions of the Water Sales Contracts and shall duly
perform its covenants and agreements thereunder. The Authori ty shall
not consent or a~ree to, or permit any rescission of or amendment to,
a:1Y ~\ater Sales Contract which will materially impair or adversely
affect the ri~hts of the Authority thereunder or the rights or security
of the owners of any Bones. Any action by the Authority in violation
of the foregoing covenant and agreement shall be null and void as to
the Authority and any other party to any Water Sales Contract.
Section 9.06 In any and all dealings between the Participants,
the .~u thor i ty covenants to act in a matter comport i ng wi th accepted
s~andards of good fait~ and fair dealing.
Section 9.07 The Authority covenants and agrees to abide by
the terms of the conservation plan as adopted by the Authority, attached
hereto as Exhibit D, and to monitor and require compliance by all
Participants of said conservation plan.
ARTICLE X
Covenants of the City
Section 10.01 The City represents and covenants that (a) it
is duly authorized and empowered to enter into this Contract and (b) it
has and will have, as long as any Bonds are outstanding, good right and
lawful power to execute, deliver and perform its obl igations under
this Contract and to fix and collect rates and charges for the service
provided by the Ci ty System suff icient to satisfy such obl igations.
Section 10.02 Notwi thstanding any term or provision hereof
or in the Houston Contract to the contrary, the obligation of the City
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to make the payments under Section 7.01 hereof shall be payable solely
from the revenues and rece ipts of the City System.
Such obligation
may be characterized as an obligation to pay on a "take or pay" basis
whether or not:
(a) The Southeast Plant, the Transmission System, and the
Distribution System or any part thereof is completed, is
operating or operable or its output is suspended, inter-
rupted, curtailed or terminated in whole or in part; or
(b) Any \-Jater is delivered or provided under this Contract.
said obligations shall not ~e deemed to constitute a debt of
the Ci ty or a pledge of its fai'th and creci~; provided, however, nothing
herein contained shall be construed as preventing the City, in its
sole discretion, from making any such payment from sources other than
said revenues and receipts.
Such obligation to make payments from
the revenues and rece ipts of the Ci ty System shall be a~)Sol ute and
uncond i t ional and sha 11 cons t i tu te an operat ing expense of the City
System for all purposes.
Section 10.03 The City covenants and agrees to establish,
IDa intain and collect rates and charges for the serv i ce prov ided by
the City System which shall produce revenues and receipts at least
surf icient to enable the Ci ty to pay the Authori ty, when due, all
amounts payable by the City under this Contract and to pay any and all
such other amounts payable from, or which might constitute a charge and
alien upon, the revenues and rece ipts derived from the operation of
the City System, including all operation and maintenance expenses and the
principal of, premium, if any, and interest on all revenue bonds and
other obligations related to the City System.
Section 10.04 The City covenants and agrees that it shall
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(a) at all times operate the properties in the Ci ty System and the
business in connection therewith in an efficient manner and at a
I '
reasonable cost, (b) at all times maintain the City System in good
repair, working order and condition, and (c) from time to time make all
necessary and proper
repairs, renewals, replacements, additions,
betterments and improvements wi th respect to the City System so that
at all times the business carried on in connection therewith shall be
properly and advantageously conducted; provided, howeve~, this covenant
shall not be construed as requiring the City to expend any funds which
,..'1 ,
are derived from sources other than the operation of the City System
and provided further that nothing herein shall be construed as preventing
the City from doing so.
Section 10.05 The City covenants and agrees that during the
term of this Contract (and any extension thereof) it 'Will n:>t sell or
otherwise dispose of or encumber all or substantially all of the Ci ty
System; provided, however, that the City may, in the orcinary course of
~usiness, abandon, sell or otherwise dispose of any property or equipment
included in the City System if the City determines in good faith that
such property or equipment is surplus, obsolete or otherNise not required
for the efficient operation and maintenance of the City System.
Section 10.06 The City covenants and agrees that it shall take
no action the effect of which would be to prevent, hinder or delay the
Authority from the timely fulfillment of its obligations under this
Contract.
Section 10.07 The City convenants and agrees that it shall
not (a) issue any bonds, notes or other evidences of indebtedness, (b)
incur lease obligations which, under generally accepted accounting
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prine iples, would appear as a 1 iabil i ty on its balance sheet or (c)
enter into an agree~ent with any party other than the Authority to take
or pay for Water, which bonds, notes, evidences of indebtedness, lease
or agreement is payable from the revenues derived from the City System
on a pari ty wi th, or superior in right of payment to, the operating
expenses of the City System. The City represents, covenants, and agrees
that the payments due to the Authority under this Contract are operating
expenses of the City System.
Section 10.08 (A) The City covenants and agrees with the
Authority for the benefit of the Authority, the other Participants, the
holders of the Bonds, and any other'person interested in the exclusion
from gross income for federal income tax purposes of the interest on
(and orig inal issue discount, if any, wi th respect to) the Bonds as
f ollo.....s:
(a) No action will be taken by the City, and there will be
no omission of any action by the City, which act or omission will
adversely affect any exclusion from gross income for federal income
tax purposes of interest on the Bonds,and, in particular, shall
comply with those provisions of Section 103 a~d Sections 141 through
150 of the Internal Revenue Code of 1986, as amended (the "Code"),
that affect the exclusion from gross income for federa~ income tax
purposes of the interest on the Bonds.
(b) The City will not
arrangement) for the sale of
pursuant to this Contract that
from gross income for federal
on the Bonds.
enter into any contract (or other
Water acquired from the Authori ty
will adversely affect the exclusion
income tax purposes of the interest
(c) The City shall not take, or omit to take, any action if
such action or omission would cause the Bonds to be federally
guaranteed, within the meaning of Section l49(b) of the Code.
(B) The City represents and warrants that it is not now a
party to any contract whereby a person agrees to take or pay for Water
delivered by the Ci ty System.
The Ci ty further covenants and agrees
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that, prior to entering into any contract whereby a person agrees to
take, or to take or pay for Water provided to the City under this
contract or otherwise agrees to purchase any Water provided to the
City under this Contract, the City shall notify the Authority of its
intent to enter into such contract.
As soon as practicable after
receipt of such notice, the Authority shall advise the City as to
whether, in the opinion of counsel of recognized standing in the field
of law relating to municipal bonds selected by the Authority, the
entering into of such contract would result in a violation of the
foregoing covenant.
The Ci ty agrees not to enter into such contract
if the Authority advises the City that such violation will or might
result therefrom.
section 10.09 Nothing in this Article X shall preclude the
City from issuing bonds, notes or other evidences of indebtedness for
the purpose of financing necessary and proper repairs, renewals,
replacements, additions, extensions and improvements of the City System
provided that such bonds, notes and other ev idences of indebtedness
shall be payable solely and exclus ively from the net revenues of the
Ci ty System (after the payment of the operating expenses of the Ci ty
System) or from revenues derived from ad valorem taxes or both.
Article 10.10 The Ci ty covenants to abide by the terms and
conditions of the drought contingency plan adopted by the City, attached
hereto as Exhibit E, as well as the terms and conditions of the conser-
vation plan adopted by the Authority, attached hereto as Exhibit D.
ARTICLE XI
CHANGES IN ALLOCATION FACTORS
section ll.Ol The City (together with the other Pariticipants)
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understand that the allocation factors specified in Section 2.01 hereof
are based upon representations made by the City (and the other Partici-
pants) as to the requisite Demand .l\llocation Factor and the Pumping
Allocation Factor needed for participation in the Southeast Plant. The
City also understands that the Authority is the equitable owner of the
Demand Allocation Factor and the Pumping Allocation Factor of the South-
east Plant (as specified in Section 2.01) of the Southeast Plant and
is a customer of the Southeast Plant. Neither the Authority, the City,
or the other Participants are entitled to an expansion of the Authority's
share in the Southeast Plant, or an expansion of the City's share of the
Authority's Demand Allocation Factor and the Pumping Allocation Factor
in the Southeast Plant.
The Authority covenants with the City that if the City desires to
obtain an expans i on of its share of the Demand . _;lloca t i on Factor or
Pumping Allocation Factor (or both), that upon written request to the
Authority by the City of such an expansion, the Authority will ?roceed
to request that Houston expand the Authority's Pumping Allocation
Factor or Demand Allocation Factor in the Southeast Plant. The Author-
i ty makes no warrant ies or covenants other than tha tit will use its
best efforts to obtain the requested expansion, and does not guarantee
an expansion in the City's share of the Demand Allocation Factor or
Pumping Allocation Factor if, as, or when needed. The City understands
that in the event it requests an increase in its share of the Demand
Allocation Factor or Pumping Allocation Factor (or both), that it will
be liable to pay for its increased capaci ty in the plant, together
wi th any and all necessary improvements in the Transmiss ion System or
the Distribution System.
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Section 11.02 Pursuant to Section 3.03 of the Houston Contract,
in the event that Houston undertakes an expansion of the Southeast
Plant, the Authority shall have the option of increasing its Demand
Allocation Factor, its Pumping Allocation Factor, or both, "by paying to
Houston a sum or sums of money representing an additional capital con-
tribution to the cost of such future expansion of the Southeast Plant
(as defined in the Houston Contract) to increase its Production Capacity
and its Pumpi ng Capac i ty. Houston shall give one hundred f if ty (150)
days advance wri tten notice to the .;uthori ty of any proposed future
enlargement or expansion of the Southeast Plant. Immediately upon re-
ceipt of same from Houston, the Authority shall give written notice to
the City and the other Participants of such ?ro?osed future enlargement
or expansion of the Southeast Plant. At any time during the one hundred
fifty (150) days notice period, the .;uthority shall be authorized to
give notice of intent to enter into such agreement. The Author:ty will
not give notice to enter into such agreement, unless it receives writ-
ten notice from the City, or any other Participant, of its respective
desire to increase its share of the Demand Allocation Factor or Pumping
Allocat ion Factor. The Au thori ty and the Ci ty ag ree , in g i v ing or
responding to any such notice, to act timely and in good faith in order
to perrni t an order ly enlargement or expans ion of the Sou theas t plant
for the lowest cost reasona~ly obtainable without causing undue delay.
The Authority and the City understand that the option rights
provided to the Authority in the Houston Contract in this Section shall
be limited to an allocation of capacity in the expanded Southeast Plant
equal to or less than the then current demand allocations.
Section 11.03 If, in order to continue to supply the Authori ty
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(and therefore the Ci ty) Water at its Demand Allocation Factor, and
directly related and necessary to the operation and maintenance of the
Southeast Plant, it becomes necessary to perform a major replacement
to the Southeast Plant, plans and specifications for such repairs
shall be made and reviewed by the Houston Dire.ctor and the Authori ty
Director. The Authority will pay its pro rata share of the cost of any
su~h work, and will pass its costs through to the City in direct propor-
tion to the City's share of same.
Upon inspection and review of the
work, the Authority shall pay its pro rata sh~re of any such repair or
replacement of the Southeast Plant within ninety (90) days after accep-
tance of the completed repair or replacement by the Authori ty, and
shall invoice the City for its share of same.
The Authority shall
never be requ ired to pay for portions or replacements, add i t ions or
transmission facilities that solely relate to the Pa~ticipants or
their customers, nor shall the City ever be required to pay for portions
or replacements, additions or transmission facilities that solely
relate to other Participants of the Authority, or customers of the
Southeast Plant other than the Authority.
ARTICLE XII
Easements and Vesting of Title
Section 12.01 Durin~ the term of this Contract, the Author-
ity shall have the right to use the streets, alleys and public ways
and places of the City for the purpose of constructing, operating
and maintaining any Water transmission lines, distribution lines,
and related facilities which constitute a part of the Authority's
share of the Southeast Plant, the Transmission System, and the Distri-
,
bution System.
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Section 12.02 In accordance with the provisions of Article
1109j, V.A.T.C.S., at such time as the Bonds and all other indebtedness
incurred by the Authority in the acquisition, construction, improvement
or extension of the Authority's share of the Southeast P-lant, the
Transmission System and the Distribution System is paid in full, an
undivided interest in the Authority's share of the Southeast Plant, the
Transmission System and the Distribution System equal to a fraction the
numerator of which is the aggregate amount of all Production Capacity
and Pumping Capacity of the City and the denominator of which is the
total amount of all production Capacity and Pumping Capacity of all
,. . ,
of the Partlclpants, shall automatically and irrevocably vest in the
City without the necessity of the execution and delivery of any convey-
ance by the Authority. If requested in writing by the City, the Author-
ity will execute, acknowledge and deliver to the City an appropriate
instrument acknowledging that such vesting of title has occured,
bu t such instrument shall not be necessary to ef feet the au tomat i c
vesting of title which shall occur as set forth above.
ARTICLE XIII
Insurance
section 13.01 The _~uthority agrees to carry fire, casualty, public
liability and other insurance in amounts and against risks which are
consistent with accepted insurance practices of companies owning .and
operating similar facilities in Harris County, Texas; provided, how-
ever, the Authority shall not be required to carry liability insurance
except to insure itself against risk of loss due to claims for which
it can, in the opinion of the Authority's legal counsel, be liable
under the Texas Tort Claims Act or any similar applicable law or
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judicial decision. All such insurance shall be written by responsible
insurance carriers selected by the Authority in amounts sufficient
to avoid the application of any co-insurance clauses contained in
the policies effecting such insuran::e (and in any event for less
than 80% of full insurable value).
If the Southeast Plant should be materially damaged or destroyed
by f ire or other casual ty, the Au thori ty shall, as exped i t ious ly as
possible, diligently prosecute, or cause to be prosecuted, the recon-
struction or replacement thereof as nearly as possible to the condition
thereof immediately prior to such damage or destruction and shall apply
the proceeds from any insurance to the payment of the cost of such re-
construction or replacement. The insurance proceeds, if any, remaining
af ter the appl i ca t ion thereof to such recons truct ion or replacement
shall be deposited in the Authority's interest and sinking fund (and
the capacity charges to be paid thereafter by the Participants
shall be reduced pro tanto). If the damage or destruction materially
reduces the Authority's ability to deliver Water hereunder and the
insurance proceeds are not sufficient to pay for the entire cost of
reconstruction or replacement, the Authority is authorized to draw
upon any contingency reserve fund and, if it is exhausted, then the
Participants shall make up any deficiency pro rata in accordance
witll their reserved capacity in the Southeast Plant.
ARTICLE XIV
Arbitration
Section l4.0l .~ny dispute which is specifically stated to be
subject to arbitration under the provisions of this Contract shall be
,
promptly submitted to an arbitrator mutually agreed to by the Authority
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and Ci ty. Such arbi trator shall promptly proceed to resolve the
disputes submi tted to him pursuant to the terms of this section, if
Authority and City can agree on a single arbitrator.
Section 14.02 Any dispute or disagreement which is expressly made
subject to arbi tration by the terms of this Contract (and if the
Authority and City cannot agree on a single arbitrator as provided in
the preceding paragraph) shall be submitted to arbitration in Houston,
Texas, by a board of three (3) arbitrators upon the written notice of
either the Authority or the C~ty~ which notice shall name one arbitra-
tor. The party receiving such written notice shall within ten (10) days
by written notice to the other, name a second arbitrator. The two
( 2) arbi trators so appointed shall name a th i rd, with in ten (10)
cays after appointment of the second arbitrator, failing which a thi~d
arbitrat~r shall be appointed by a District Court in Barris COU:1ty,
~exas, as ~rovided in the Texas A~bitration Act.
Section 14.03 The arbitrators so appointed shall promptly hear
and determine the question or questions submi tted pursuant to the
proceju~es establ ished by the Texas General Arbi tra t i on .;ct, shall
render their decision with all reasonable speed and dispatch, but in
:10 event later than thirty (30) days after the conclusion of evidence.
If within said period a decision is not rendered by the arbitrators,
or a majority thereof, new arbitrators may be named and shall act
hereunder at the election of the Authority or the City in like manner
as if none had been previously named.
Section 14.04 The decision of the arbitrator or of the majority
of the arbitrators shall be final and binding upon the parties hereto
as to the question or questions submi tted, and a judgment upon an
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award rendered in such arbitration proceedings may be entered in any
court of competent jurisdiction.
The expense of arbitration shall
be borne one-half by the Authority, and one-half by the City, except
that each party shall bear the compensation and expenses of its
counsel and witnesses.
Any cost of such arbi tration (including cost of counsel and
witnesses) paid ~y the Authority shall be considered an O?eration and
Maintenance Ex?ense.
ARTICLE xv
Miscellaneous
Section 15.01
This Contract shall be effective upon the day and
year first above written and shall continue in force and effect until
, 2027 and thereafter shall continue in force until all
Bonds and refunding Bonds, and all other obligations (including the
Houston Contract), if any, of the Authority, shall have been paid.
Section 15.02 ~o =hange or modification of this Contra=t shall
be made which will affect adversely the prompt payment when due of
a 11 moneys requ i red to be paid by each Part ic ipant under the terms
of thi s Con tra= t and no such change shall be e f fee t i ve wh i ch would
cause a violation of any provisions of any resolution of the Authority
authorizing the issuance of the Bonds or any Bonds issued to refund
any of the Bonds.
Section 15.03 Unless otherwise provided herein, any notice,
communication, request, reply or advice (herein severally and collec-
t ively, for convenience, called "notice") here in prov ided or per-
mi t ted to be given, made or accepted by any party . to any other
party, must be in writing and may be given or be served by depositing
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the same in the United States mail, postpaid, or by del i vering the
same to an officer of such party, or by prepaid telegram when appro-
priate, addressed to the party to be notified; provided however,
that any notice of breach of this Contract, forfeit or Force Majeure
shall be sent by Certified Mail with return receipt requested. Notice
deposited in the mail in the manner hereinabove described shall be
conclusively deemed to be effective, unless otherwise stated herein,
from and after the expiration of ten days after it is so deposited.
Notice given in any other manner shall be effective only if and when
received by the party to be notified.
For the purposes of not ice,
the addresses of the parties shall, until changed as hereinafter
provided, be as follows:
If to the A~thority, to:
La Porte .~rea ~~ater .~uthority, Post Office Box 1115, La Porte
Texas 775;1 Attn: General Manager
If to the City as follows:
The parties hereto shall have the right from time to time and at any
time to change their respective addresses and each shall have the
right to specify as its address any other address by at least fifteen
(15) days written notice to the other parties hereto.
Section 15.04
This Contract shall be governed by the applicable
laws of the State of Texas and the United States of America and any
applicable federal, state, or county permits, rules, orders, and
regulations of any state or federal governmental authori ty hav ing
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jurisdiction, but nothing contained herein shall be construed as a
waiver of any right to question or contest any such law, order, rule
or regulation in any forum having jurisdiction.
Section 15.05 The parties hereto agree that if any of the
provisions of this Contract should be or be held to be invalid or to
contravene the laws of the State of Texas, or the Uni ted States of
America, such fact shall not invalidate the whole agreement, but it
shall be construed as though not containing that particular provision,
and the rights and obligations of the parties hereto shall be construed
and remain in force accordingly.
Section 15.06 The parties hereto agree that upon the expiration
of this Contract the City shall have the right to continued service
for an additional period of forty (40) years or for such other time as
may be agreed, upon execution of an appropriate agreement between
City and the Authority.
Section 15.07 It is not intended hereby to specify (and this
Contract shall not be considered as specifying) an exclusive remedy
for any default, but all such other remedies (othe~ than termination)
existing at law or in equity may be availed of by the City or other
Participants and shall be cumulative. Recognizing however, that the
Authority's undertaking to provide and maintain a supply of Water
hereunder .is an obligation, failure in the performance of which
cannot be adequately compensated in money damages alone, the Authority
agrees, in the event of any default on its part, that the City shall
have available to it the equitable remedy of mandamus and spec if ic
performance in addi tion to any other legal or equi table remed ies
(other than termination) which may also be available. Recognizing
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that failure in the performance of the City's obligations hereunder
could not be adequately compensated in money damages alone, the
City agrees in the event of any default on its part that the Authority
shall have available to it the equitable remedy of mandamus and
specific performance in addi tion to any other legal or equitable
remedies (other than termination) which may also be available to the
Authority. Notwithstanding anything to the contrary contained in
this Contract, any right or remedy or any default hereunder, (except
the right of the Authority to receive any payments which shall never
be determined to be waived), shall be waived unless asserted by a
proper proceeding at law or in equity within two (2) years plus
one (1) day after the occurrence of such default.
section 15.08 All amounts due under this Contract, includ ing,
but not limited to, payments due under this Contract or damages for
the breach of this Contract, shall be paid and be due, in Harris
County, Texas, which is the County in which the Authority's principal
admi nistrati ve offices are located. It is spec i f ically agreed
among the parties to this Contract that Harris County, Texas is the
place of performance of this Contract; and in the event that any
legal proceeding is brought to enforce this Contract or any pro-
vision hereof, the same shall be brought in Harris County, Texas.
Section 15.09 If by reason of Force Majeure any party hereto
shall be rendered unable wholly or in part to carry out its obliga-
tions under this Contract (other than the obligation of each Partici-
pant to make the payments required under Section 7.01 of this Contract)
then if such party shall give notice and full particulars of such
force majeure in writing to the other parties wi thin a reasonable
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time after occurrence of the event or cause relied on, the obligation
of the party giving such notice, so far as it is affected by such
force majeure, shall be suspended during the continuance of the
inability then claimed, but for no longer period, and any such party
shall endeavor to remove or overcome such inability with all reasonable
dispatch. The term "Force Majeure" as employed herein shall mean
acts of God, str i kes, lockouts, or other industr ial d is turbances,
acts of publ i c enemy, orders of any kind of the Government of the
United States or the State of Texas, or any civil or military authority,
insurrection, riots, epidemics, landslides, lightning, earthquakes,
fires, hurr icanes, storms, floods, washouts, droughts, arrests, re-
straint of government and people, civil disturbances, explosions,
breakage or accidents to machinery, ~ipelines or canals, partial or
entire fa i 1 ure of wa ter sup~ly, and i nab il i ty on the part of the
A'.Jthor i ty to de liver Wa ter hereunder for any reason, or on account
of any other causes not reasonably wi thin the control of the party
claiming such inability, except for the payments from the Participants
to the Authority.
Section 15.10 This Agreement and any addenda hereinafter set
forth constitute all the understandings between the parties hereto,
and there are no oral representations, stipulat.ions, warranties or
understandings wi th respect to the subject matter of this agreement
which are not fully expressed herein. Neither this Agreement nor its
execution has been induced by any representations, stipulations, war-
ranties or understandings of any kind other than those here in expressed.
No amendment, addition to, alteration, modification or waiver of
all or any part of this Agreement shall be of any force or effect
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unless in writing and signed by the Authority, the City and any other
Participant affected by such change. If the terms and conditions of
this Agreement and the terms and conditions of any purchase order or
order acknowledgment wri tten in connection wi th this Agreement con-
flict, then the terms and conditions of this Agreement shall govern.
Section 15.11 No waiver by any party hereto of one or more
defaults by any other party hereto in the performance of any of the
pr~visions of this Agreement shall operate or be construed as a waiver
of any other or further defaul t or defaul ts, whether of alike or
different character.
Section 15.12 This Agreement shall binj and benefit the parties
hereto and their respective successors and assigns, and shall not be
assignable by any party without Nritten consent of the other parties.
Section 15.13
This
; -
_3
be
construed
according
contract
to
to
the laws of the State of Texas.
Sect ion 15.14 The top ical head ings used here i n have been inserted
for conven ience only and shall not be construed as hav i rlg any sub-
stantive significance or meanin;;; whatsoever or as irldi::ating that
all of the provisons of this Agreement relating to any particular
topic are to be found in any particular Article.
IN \'lITNESS WHEREOF, the parties hereto, acting under authority
of their respectiv~ governing bodies, have caused this Contract to be
executed in several counterparts, each of which shall be an original,
but all collectively constituting one and the same instrument, all
as of the day and year first written.
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LA PORTE AREA WATER AUTHORITY
By:1~~~~~h:-
\ ~ . President
ATTEST:
By: a~ti ~
Secretary
CITY/OF LA PORTE, TEXAS
ATTEST:
By:
(liv~ ~
, City Secretary
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REOUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Sept. 12, 1988
Requested By:
R. He rre ra
Department:
Citv Manager
Repo rt
Resolution
x
Ordinance
Exhibits: Ordinance 1602 (Will be at Council places 9/12)
Exhibit "A", Service Plan for Bayshore Municipal Utility
District. .
SUMMARY & RECOMMENDATION
The attached service plan for Bayshore Municipal Utility District,
after approval by City Council, will be presented to the District
at two public hearings. Public hearing dates should be set for
November 7 at a special called meeting, and November 14 at the
regular meeting of Council.
Action Required by Council:
Adopt Ordinance 1602
Set public hearing dates as November 7 and November 14, 1988
Availability of Funds:
General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other (Motor Pool Replacement Fund)
Account Number:
Funds Available:
YES _ NO
t . Herrera
Manage r
if
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EXHIBIT wAw
Page 1 of 4
SERVICE PLAN
FOR
A TRACT OF LAND COMPRISING
THE BAYSHORE MUNICIPAL UTILITY DISTRICT
I.
INTRODUCTION
This Service Plan ("Plan") is made by the City of La Porte,
Texas ("City") pursuant to Section 43.056, of the Texas Local
Government Code ("Code"). This Plan relates to the annexation by
the City of a tract of land ("Tract") comprising the Bayshore
Municipal Utility District. The Tract is described by metes and
bounds on Exhibit "B" which is attached to this Plan and to the
annexation ordinance of which this Plan is a part.
II. TERM; EFFECTIVE DATE
This Plan shall be in effect for a term of ten years
commencing on the effective date of the annexation of the Tract.
Renewal of this Plan shall be at the discretion of the City. Such
opiton may be exercised by the adoption of an ordinance by the City
Council which refers to this Plan and specifically renews this Plan
for a stated period of time.
III. SERVICE PROGRAMS
A. In General. This Plan includes two service programs: (i)
the Early Action Program, described below, and (ii) a Capital
Improvement Program, described below.
B. Scope and Quality of Services. Services under this Plan
shall equal or exceed the number of services and the level of
services in existence in the Tract prior to annexation. However, it
is not the intent of this Plan to require that a uniform level of
services be provided to all areas of the City (including the Tract)
where differing characteristics of topography, land utilization and
population density are considered as sufficient basis for providing
differing service levels.
C. Definitions.
l. As used in this Plan, providing services includes
having services provided by any methods or means by which the City
extends municipal services to any other area of the City. This may
include causing or allowing private utilities, governmental entities
and other public service organizations to provide such services, in
whole or in part.
2. As used in this Plan, the phrase "standard policies and
procedures" means those policies and procedures of the City
applicable to a particular service which are in effect either at the
time that the service is requested or at the time that the service
is made available or provided. The policies and procedures may
require that a specific type of request be made, such as an
application or a petition.e They may require that fees or charges be
paid, and they may include eligibility requirements and similar
provisions.
D. Early Action Program.
l. Statutory Services. The statutory services will be
provided within the Tract within sixty days after the effective date
of this Plan, except as otherwise indicated. The statutory services
are as follows:
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EXHIBIT RAR
Page 2 of 4
a. Police Protection. The Police Department of the
City will provide protection and law enforcement in the Tract.
These activities will include normal patrols and responses, the
handling of complaints and incident reports, and other usual and
customary police services.
b. Fire Protection. The Fire Department of the City
will provide fire protection in the Tract.
c. Solid Waste Collection. Residential collection
services will be provided by City forces. Non-residential services
and future residential service will be governed by standard policies
and procedures.
Those water
Improvement
division of
of time, by
dissolved.
the Tract,
d. Maintenance of Water and Wastewater Facilities.
and wastewater facilities included in the Capital
Program, below, will be maintained by an appropriate
the Department of Public Works or, for a limited period
the Bayshore Municipal Utility District which is to be
Should any extensions of such facilities be made within
normal maintenance servcies will be provided.
e. Maintenance of Public Roads and Streets
(including lighting). The Department of Public Works will provide
maintenance of roads and streets over which the City will have
jurisdiction. (See Capital Improvement Program, below.) The City
of La Porte will provide services relating to traffic control
devices for such roads and streets, and will maintain existing
public street lighting for such public roads and streets through the
'Houston Lightin & Power Company or by other means.
f. Maintenance of Parks, Playgrounds and Swimming
Pools. There are no existing Public Park facilities to be
maintained. Should any such facilities be constructed by the City
within the Tract, the Department of Parks and Recreation will
provide maintenance services for them.
g. Maintenance of Any Other Publicly-owned Facility,
Building or Service. Any other publicly-owned facility, building,
or service included in the Capital Improvement Program, below, will
be maintained by an appropriate City department, as needed; unless
such publicly-owned facility, building, or service, is dedicated to,
owned by, or provided by other public agencies. Should any such
facilities, buildings or services be constructed or located by the
City within the Tract, an appropriate City department will provide
maintenance services for them.
2. Additional Services. Certain services, in addition to
the statutory services, will be provided within the Tract to the
same extent they are provided to similar territories elsewhere in
the City. These are as follows:
a. Library services from existing facilities and
future facilities outside the Tract.
b. Health services in accordance with standard
policies and procedures.
c. Emergency rescue and ambulance services by the
City's Emergency Medical Services Division, in accordance with
standard policies and procedures.
d. Enforcement of City codes and ordinances.
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EXHIBIT wAw
Page 3 of 4
E. Capital Improvement Program. The City will initiate the
construction or acquisition of capital improvements necessary for
providing municipal services for the Tract. Those improvements
which are necessary are indicated below, and any necessary
construction or acquisition shall begin within two years of the
effective date of this Plan, except as otherwise indicated.
l. Police Protection. Police protection for the Tract can
be provided by using existing capital improvements. Additional
capital improvements are not necessary at this time to provide
police protection to the Tract. However, the Tract will be included
with other territory in connection with planning for new, revised or
expanded police facilities.
2. Fire Protection. Fire protection for the Tract can be
provided by using existing capital improvements. Additional capital
improvements are not necessary at this time to provide fire
protection to the Tract. However, the Tract will be included with
other territory in connection with planring for new, revised, or
expanded fire-fighting facilities.
3. Solid Waste Collection. No capital improvements are
necessary at this time to provide solid waste collection services
within the Tract as described in the Early Action Program. However,
the Tract will be included with other territory in connection with
planning for new, revised or expanded solid waste facilities.
4. Water and Wastewater Facilities. Those water and
wastewater facilities (including any under construction) owned by
Bayshore Municipal Utility District will be acquired by the City.
Future extensions of public water or wastewater facilities will be
governed by standard policies and procedures, and the Tract will be
included with other territory in connection with planning for new,
revised or expanded public water and wastewater facilities. With
respect to utility district facilities and utility district funds to
be acquired the City will:
a. assume all reasonable commitments and contracts
made by the district in the ordinary course of business prior to the
dissolution of the district, conditioned upon sufficient capacity
having been provided for by the district;
b. assist the district with bond approval and sale for
planned capital improvements which are in keeping with the City's
water and wastaewater systems;
c. expedite the approval of plans and bond
applications in order to meet the time constraints imposed by
annexation and the dissolution of the district;
d. allow the district's residents and property owners,
who have or would have contributed to the retirement of district
bonds prior to annexation, a reasonable opportunity to obtain the
use of utility capacity of the district's bond funds have been used
to pay for such capacity; and
e. expend unobligated proceeds of the district's bonds
for projects which are consistent with the purposes for which the
proceeds may be lawfully used, which may include providing water,
wastewater or drainage services for residents and properties within
the boundaries of the annexed district, such projects to be
undertaken in a timely manner.
5. Roads and Streets (including lighting). In general,
the City will acquire dominion, control, and jurisdiction in, over
and under public roads and streets within the Tract upon annexation,
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EXHIBIT "A"
Page 4 of 4
pursuant to art. ll75, V.A.T.S., and similar prOV1Slons, subject to
the jurisdiction of other governmental entities. Additional roads,
streets or related facilities are not necessary at this time to
serve the Tract. Future extensions of roads or streets and future
installation of related facilities such as traffic control devices
or street lights will be governed by standard policies and
procedures. The Tract will be included with other territory in
connection with planning for new, revised, widened or enlarged
roads, streets or related facilities.
6. Parks, Playgrounds and Swimming Pools. These services
can be provided by using existing capital improvements. Additional
capital improvements are not necessary at this time to provide such
services to the Tract. However, the Tract will be included with
other territory in connection with planning for new, revised or
expanded parks, playgrounds and swimming pools.
7. Other Publicly Owned Facilities, Buildings or Services~
Additional Services. In general, other City functions and services,
and the additional services described above, can be provided for the
Tract by using existing capital improvements. However, those
drainage facilities (including any under construction) owned by
Bayshore Municipal Utility District will be acquired by the City.
Additional capital improvements are not presently necessary.
However, the Tract will be included with other territory in
connection with planning for new, revised or expanded facilities,
functions and services, including the additional services described
above.
IV~ AMENDMENT~ GOVERNING LAW
This Plan may not be amended or repealed except as provided by
the Code or other controlling law. Neither changes in the methods
or means of implementing any part of the service programs nor
changes in the responsibilities of the various departments of the
City shall constitute amendments to this Plan, and the City reserves
the right to make such changes. This Plan is subject to, and shall
be interpreted in accordance with the Code, the Constitution and
laws of the United States of America and the State of Texas, and the
orders, rules and regulations of governmental bodies and officers
having jurisdiction.
V. FORCE MAJEURE
Should a force majeure interrupt the services described herein,
the City shall resume services under this Plan within a reasonable
time after the cessation of the force majeure. "Force majeure", for
the purposes of this Plan, shall include, but not be limited to,
acts of God, acts of the public enemy, war, blockade, insurrection,
riots, epidemics, landslides, lightning, earthquakes, fires, storms,
floods, washouts, droughts, tornadoes, hurricanes, arrests and
restraints of government, explosions, collisions and any other
inability of the City, whether similar to those enumerated or
otherwise, which is not within control of the City.
VI. ENTIRE PLAN
This document contains the entire and integrated service plan
relating to the Tract and supercedes all other negotiations,
representations, plans and agreements, whether written or oral.
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REOUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Sept. 12, 1988
Requested By: Knox Askins
Department:
Legal
X Report
Resolution
Ordinance
Exhibits: Correspondence from City Attorney
Copy of assignment of lease with attachments
SUMMARY & RECOMMENDATION
Bayport Aviation, Inc., is moving its financing from Bayshore
National Bank to Citizens Bank & Trust Company of Bay town. Under
the terms of the lease, the City must give its approval to any
assignment of lease. The attached assignment of lease grants the
City's approval.
Action Required by Council:
Approve assignment of lease from
Bayshore National Bank to Citizens
Bank & Trust Company of Bay town.
Availability of Funds: N/A
General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other (Motor Pool Replacement Fund)
Account Number:
Funds Available:
YES
NO
Approved for Citv Council Agenda
@Jw1 \, ~
Robert T. Herrera
Pi ty Manage r
0/ - ~'-'8~
DATE
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RECEIVED
ASKI NS 0. ARMSTRONG, p, C,
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P. O. BOX 1218
'j?'- 2-3 -gg;
CITY MGR'S OFFICE
KNOX W. ASKINS
JOHN D. ARMSTRONG
LA PORTE, TEXAS 77572-1218
TELEPHONE 7134711886
TELECOPIER 7134712047
August 22, 1988
Mr. Robert T. Herrera
City Manager
City of La Porte
City Hall
La Porte, Texas
Dear Bob:
Bayport Aviation, Inc. is moving its financing from Bayshore
National Bank to Citizens Bank & Trust Company of Bay town. The City
of La Porte previously approved an Assignment of Lease from Bayport
Aviation, Inc. to Bayshore National Bank. The enclosed document is
in substantially the same form as the previous assignment approval
by the City of La Porte, to Bayshore National Bank, but merely
changes it to Citizens Bank & Trust Company of Bay town, Texas.
The form of this document, which was prepared by attorneys for
Citizens Bank & Trust Company of Bay town, meets with my approval,
and I recommend its execution by the City.
Yours very truly,
//}/A/
~C~ fJ^
Knox W. Askins
KWA:sw
Enclosure
cc: Mr. George Sheffield, President
BAYPORT AVIATION, INC.
c/o Red Carpet Realty
714 South Broadway
La Porte, TX 7757l
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ASSIGNMENT OF LEASE
THE STATE OF TEXAS X
X
COUNTY OF HARRIS X
That BAYPORI' AVIATION, INC., a Texas Business CoqXJration, acting
herein by and through its duly authorized officers, hereinafter called
"Assignor", for and in consideration of the sum of TEN AND N0!100 ($10.00)
OOLI.J\RS cash and other good and valuable considerations paid by CITIZENS
BANK AND TRUST Ca.1PANY OF BAY'lDWN, TEXAS, hereinafter called "Assignee",
the receipt of which is hereby acknowledged, and for the further purpose of
further securing Assignee in the payrrent of that certain indebtedness
evidenced by one certain Pranissory Note of even date herewith, in the
principal sum of $358,000.00, executed by Assignor, and payable to the
order of Assignee, as therein specified, which Promissory Note is incor-
porated by reference herein, and made a part hereof for all purposes, has
ASSIGNED, TRANSFERRED and SET OVER, and by these presents does ASSIGN,
TRANSFER and Sm' OVER unto Assignee, that certain Lease Agreement between
the City of LaPorte, Lessor, and Bayport Aviation, Inc., Lessee, dated
January 1, 1985, reference to which is here made for all purposes.
This Assigmnent of Lease is especially made SUBJECT to Article X of
said Lease Agreement. The City of LaPorte, by its consent to this Assign-
ment of Lease for financing purposes by Assignor, expressly reserves all
its rights as Lessor contained in said Lease Agreement, and particularly
Article X thereof, including, but not limited to, the right of the City of
LaPorte to give prior written approval to any substitute lessee.
As often and whenever a default occurs in the payment of the above
described Promissory Note, or in the perfonnance of any covenant contained
in the instruIrents securing payment of same, and as long as any such
default continues, Assignee is hereby authorized to take possession of the
premises covered by such Lease, and may exercise by prior written consent
of Lessor, all other rights of the Lessee under the terms of such Lease
Agreement. Assignee shall have the right at any time that such default
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exists to make and enter into agreements with Lessee's tenants, increasing
or reducing rentals or otherwise changing the tenns of such sub-lease
contracts, and under such circumstances may enter into new sub-leases and
rental contracts in the name of Assignor or otherwise, on such tenns and
containing any covenants and agreements as Assignee may deem advisable.
Assignee is hereby authorized, in case of any such default, to collect
and receive all sub-rentals and incane hereinafter accruing under said
sub-lease(s) and rental agreements, and may execute good and sufficient
receipts for same. All monies so collected shall be applied in discharge
of the obligations created by such prcmissory Note and such loan agreement,
in such manner and to such extent as Assignee in its sole discretion may
elect. Assignee may from time to time waive its right hereby given to
collect such rents and incane, but any such waiver shall not prejudice its
right thereafter to collect all such rents and incanes accruing from said
property and the improvements thereon, as long as and whenever a default
exists.
Assignee shall have the right, in the event of any default in the
payments of such note, but shall not be required, to sue for the collection
of rents and other incane and for cancellation or forfeiture of such
sub-lease contract(s) and for possession of said premises and may exercise
all appropriate rights and remedies in connection therewith. The expense
of collection, including reasonable attorney's fees, may be paid out of
rents or other incane collected from said premises. It is expressly agreed
that Assignee shall never be held liable for failure to collect rent or
other incane, but shall only be held accountable for fnnds actually re-
ceived prior to foreclosure. Assignor agrees that, without having first
obtained written consent from Assignee, Assigoor will not make any change
or m:x:lification in the herein assigned lease (s) and will not exercise any
option contained in such lease (s) or take action to forfeit same, and will
not collect any rental for rrore than one rronth in advance; and unless such
consent is first obtained, no change, modification, payment or exercise of
option or forfeiture so made shall be valid or effective as against Assignee.
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Assignor further agrees to infonn Assignee pranptly in writing of notice
received from the City of LaPorte with respect to any obligation or default
under said lease(s). Assignor also agrees to perform all obligations
binding on Lessee under its said lease(s) with the City of LaPorte.
It is further understood and agreed that the sub-lessees under such
herein assigned lease (s) shall be entitled to make and continue payrrents of
all rentals payable under said lease(s) to Assignor unless and until such
sub-lessees receive written notice from the Assignee to make such rental
payments to Assignee under the terms and provisions of this instrument.
The City of LaPorte, acting herein by its duly authorized representa-
tives, joins in the execution hereof for the l:i.rni.ted purpose of evidencing
its consent to this Assignment of Lease for finance purposes by Assignor to
Assignee. Such consent by the City of LaPorte shall not be construed as a
waiver of the perfonnance of Bayport Aviation, Inc., as Lessee under said
Lease Agreement. The City of LaPorte agrees that in the event of default
by Assignor herein in its obligations under said Lease Agreement with the
City of LaPorte, Assignee shall have the right, with the prior express
written consent of the City of LaPorte, to assign the Lease Agreement
between the City of LaPorte and Assignor to a qualified aircraft fixed base
operator. In the event of such assignment, all provisions of the Lease
Agreement between the City of LaPorte and Assignor, applicable to the
Lessee thereunder, shall be equally binding upon any party to which the
activities, uses, privileges and obligations authorized in said Lease
Agreement are assigned by Assignee hereunder. The City of LaPorte will not
be unnecessarily arbitrary in granting said pennission, but the City of
LaPorte shall be the sole judge as to the reliability, capability, character,
and desirability of the parties involved. The consent of the City of
LaPorte evidenced hereby shall not be construed as a subordination or
waiver and relinquishment by the City of LaPorte of its right of levy for
rents and all liens, claims and demands of every kind which it may have
against all buildings and contents on the lease premises, under the consti-
tution and laws of the State of Texas, and under the tenus and provisions
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of its Lease Agreement with Bayport Aviation Inc. dated January 1, 1985.
This instrument shall be binding upon and shall inure to the benefit
of the legal representatives, successors, heirs and assigns, respectively,
of the Assignor and Assignee; and shall tenninate and becane null and void
upon full and final payrrent of the aforementioned pranissory Note. In this
Assigrnnent, whenever the context so requires, the masculine gender includes
the feminine or neuter, and the singular number includes the plural, and
conversely.
EXECUTED, this the 19th day of August, 1988.
BAYPORl' AVIATION, INC.
~:
A' U
. ~ecretary
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CITIZENS BANK AND TRIJST CCMPANY OF
I .~~.
(/ ;/!C'h:.,~/ ~_ \
(I!~ 'c- Cashier President
CITY OF LA PORl'E
A'ITEST:
By:
City Manager
City Secretary
THE STATE OF TEXAS X
X
COUNTY OF HARRIS X
~ 7trurrent was acknowledged before me on the 19/1 day of
il'S , 1988, by GEORGE SHEFFIEID, President 0 BAYPORT AVIATIOO,
INC., on behalf of said Corporation.
~
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:: 1>: i - \ \ /,- l .~ ::: JOHN R. SANDHOP
: : ~,~ ~ ~ ~n\J Commission Expires 3-31-89
~ t!l \. ~ \. Piftlt#rl or typed name of notary
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"Po, ;- ".^..~r^'My"carmission expires
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COUNI'Y OF HARRIS
x
X
X
THE STATE OF TEXAS
~. s y,s1:rulrent was a~edged before rre on the ~ 9aY pf
~S/ ,1988, by G...""I/fAh$~N.h, /~
of C IZENS BANK AND TRUST CG1PANY OF ~lN, TEXAS, . on behalf of said
Bank. 'l~~,'~"lf".,,,~.
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.~..::."" 1.""'1 \ ~ ."."co..... . '&",p "...#.
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F :.~'l~, I'. ..~' .~' ."
:.: t ~-l---"""'/ ~ 'M Y PUBLIC, STATE OF
-;;, in l i /\ '( ! E JOHN R. S,a,NDHOP
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b'" li';It V '," r-~ "!;~. [VI'! ommt'i~If'W~ J:"){!"\Irt:'.l:. .~- ~ i ~Q.9
'S.. ''1 >.-'eo. PriPt!=Q.' ~r typed name of notary
-'"" '-Ji'- .:JC).;I~I;. <I "l,"'-
"', <.: 0 - .\ V' ......
.1#8~1.'~II~ssion expires
THE STATE OF TEXAS X
X
COUNI'Y OF HARRIS X
This instrument was acknowledged before me on the day of
, 1988, by , City Manager of CITY OF
LA PORTE, on behalf of said City.
NarARY PUBLIC, STATE OF TEXAS
Printed or typed name of notary
My carmission expires
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METES AND BOUNDS DESCRIPTION
11.1207 ACRES
tA PORTE MUNICIPAL AIRPORT
W. M. JONES SURVEY. A-482
CITY OF LA PORTE
HARRIS COUNTY, TEXAS
- Being a 11.1207 acre (484,416 square feet) tract of land situated in the La Porte
-Municipal Airport in the W. M. Jones Survey. Abstract 482. City of La Porte, Harris
County, Texas and being out of that certain 300.0 acre tract of land conveyed to the
United States of America per the deed recorded in Volume 128~, Page 4 of the Harris
County Deed Records (H.C.D.R.), said 11.1207 acre tract being more particularly des-
cribed by metes and bounds as follows with all bearings referenced to the record
bearing of North 89033'00" West along the north right-of-way line of West Main
Street (Spencer Highway-lOO feet wide):
COMMENCING at a 5/8-inch iron rod found for the southwest corner of said 300.0 acre
tract and being in said north right-of-way line of West Main Street;
THENCE, South 89033'00" East along said north right-of-way )ine, a distance of 510.12 :
feet to a S/8-inch iron rod set for the POINT OF BEGINNING;
THENCE. departing said north right-of-way line at a right angle, North 00027'00" East'
along a 1 ine 50 feet westerly of the west side of an existing one story metal
building, a distance of 174.07 feet to a S/8-inch iron rod set in the southeast line
of the clear zone area of the Northeast-Southwest Runway of said La Porte Municipal
Airport;
THENCE, North 47013130" East along said southeast line, a distance of 456.19 feet to
a .S/B-inch :iron 'rod set for corner;
THENCE, SOllth 89'33100" East, a- distance of 283.43 feet to a S/8-inch iron rod set
for corner;
THENCE, North S20S4148" East along a line 300 feet southeasterly 6f a~d parallel with
the centerl ine of said Northeast-Southwest Runway, a distance of 204.51 feet to a
S/8-inch iron rod set for corner;
THENCE, South 3700S'12" East, a distance of 226.00 feet to a S/8-inch iron rod set
for corner; .
THENCE, North S20S4148" East along a line 526 feet southeasterly of and parallel with
the centerl ine of said Northeast-Southwest Runway,. a distance of 332.85 feet to a
S/8-inch iron rod set for corner;
THENCE, South 18005155" West along a line 30 feet northwesterly of and parallel with
the centerline of a proposed access read, a distance of 623.78 feet to a scribed "X"
set in a concrete pad:
THENCE, North 89.33100" West along a line 20 feet northerly of an existing beacon
tower, a distance of 24.68 feet to a 5/8-inch iron rod set for corner;
THENCE. South 00.27'00" West, along a line 20 feet westerly of said beacon tower, a
distance of 40.26 feet to a S/8-inch iron rod set in said north right-of-way line of
West Main Street;
THENCE, North 89033'00" West, along said north right-of-way line, a distance of
965.84 feet to the POINT OF BEGINNING, containing a computed area of 11.1207 acres
(484,416 square feet) of land.
Compil ed by:
SURVCON INC.
Houston, Texas
Job No. 53S3-01
May 22, 1985
Revised: June 5, 1985
:f:
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AGREEMENT AND LEASE
075':'71::1931
FOR FIXED BASE OPERATION
CITY OF LA PORTE MUNICIPAL AIRPORT
THIS AGREEMENT AND LEASE, made and entered into this 1st day
of January, 1985, by and between the City of La Porte, a municipal
corporation organized and existing under the laws of the State
of Texas, hereinafter ref erred to as "Lessor" and Bayport Av ia t ion,
Inc., a corporation organized and existing under the laws of the
State of Texas, hereinafter referred to as "Lessee."
WIT N E SSE T H:
WHEREAS, the Lessor controls and operates an. airport kn'own
as La Porte Municipal Airport, located in the City of La Porte,
State of Texas, which airport and any additions or improvements
thereto or changes therein which the Lessor hereafter makes or
authorized are hereinafter collectively referred to as the "Air-
port", and,
WHEREAS, the parties hereto desire to enter into an Agreement
and Lease for the use of premises. and facilities. at the Ai.rport
all as more fully heieinafter set forth. .
NOW, THEREFORE, for and in consideration of the mutual cove-
nants and agreements herein contained, the Lessor and the Lessee
do hereby mutually undertake, promise and agree, each for itself
and its successors and assigns, as follows:
ARTICLE I - TERM OF AGREEMENT
/'
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The term of this Agreement and Lease shall be for the period
commencing January 1, 1985, ~ndterminating December 31, 2014,
unless sooner terminated as hereinafter provided.
ARTICLE II - LEASED PREMISES AND FACILITIES
1. The Lessor, in consideration of the compensation and sundry
covenants and agreements set forth herein to be kept and per-
formed by the Lessee, does hereby, and by these presents,
demise and lease unto the Lessee, upon the conditions herein-
after set forth, all of which the Lessee accepts, the exclu-
sive use and occupancy of the Leased Premises, to-wit:
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-075':'71=1932
.:
Property at La Porte Municipal Airport, consisting of
11.1207 acres, more or less as "Fixed Base Operator
Area" on Exhibit "A" attched hereto and made a part of
this Agreenient ,and .~
Ramp area for use as tie-down parking facilities for air-
planes, identified as "Designated Use Area" on Exhibit
"A" attached hereto and made a part of this Agreement,
and Property consisting of. 0.769 acres, more or less,
identified as "T-Hangar Development Area" on Exhibit B
attached hereto and made a part of this Agreement.
The location and boundaries of said Leased Premises, as in-
dicated on Exhibits A and B, attached hereto, are stipulated
and agreed between the parties to be correct and by reference
mad~;a part hereof.
- 2. Lessee takes all of such property in its present condition
"as is", and except as otherwise specifically provided here-
in, agrees to provide all necessary and reasonable maintenance
and repairs in order to maintain such property in a usable
condition.
3. Lessee shall make available to the public for rental purposes,
the T-Hangars and tie-down facilities leased to Lessee herein.
In its rental of such T-Hangars and tie-down facilities, the
Lessee shall provide reasonable rental rates, consistent with
industry standards for this region. Notwithstanding any other
provision of this Agreement, the parties recognize and agree
that Lessee is not~ herewith given and shall not exercise
exclusive control over the ramp area not specifically leased
under this Agreement; and that the public shall have the
right, at all time, to ingress and egress, over and through
said area, as reasonably necessary for the use by the public
of airport facilities at La Porte Municipal Airport.
.4. The Lessor expressly reserves from the lease of the Leased
Premises the following:
A. All gas, oil and mineral rights in and under the soil.
B. The right to grant utility rights-of-ways to others over,
under, through, across or on the Leased Premises, provided
that such use will not unreasonably or materially inter-
fere with the Lessee's use of the Leased Premises.
ARTICLE III - RENTALS AND CHARGES
1. For the Leased Premises, as described in Article II, Paragraph
1 as "Fixed Base Operator Area", and as shown in Exhibit
"A", and "T-Hangar Development Area", as shown on Exhibit
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075':'71 = I 933'
"B", the basic ground rental calculated for an index value
of 100.0 is Two Hundred Seventy-Nine and Forty-One One-
Hundredths Dollars ($279.41) peracre.per year.
The actual rentals for the Leased Premises, to be paid to the
Lessor by the Lessee, shall be determined by multiplying said
basic rentals specified under Paragraph 1 above by the index
value determined for successive calendar years in the manner
herein set forth.
The index value for the calculation of actual rental rates
shall be based on the Consumer Price Index for All Urban
Consumers, using as base year 1967, published by the Bureau
of Labor Statistics of the United States Department of Labor,
and shall be calculated as follows:
A. The index for .any particular calendar year shall be the
numerical average of the .indexes for the months of June
through August inclusive of the calendar year next pre-
ceding the year for which ~he calculation is made. The
index for the year 1984 is 311.8, resulting in an annual
rental rate of Eight Hundred Seventy-One and Twenty One
Hundredths Dollars ($871. 20) per acre for the year
1985. This rate results in a total 1985 ground rental
for the parcel indicated, as "Fixed Base Operator Area"
on Exhibit "A" of Nine Thousand, Six Hundred Eighty-Eight
and 32/100 Dollars ($9,688.32).
B. The actual rental rates shall be determined prior to
January 1 of each calendar year and shall be effective
for the full calendar year.
c. In the event that the United States Department of Labor
discontinues publication of the above index or data from
which the index can be directly computed, or if the method
for the determination of such index is substantially dif-
ferent than that existing at the time this Agreement and
Lease is executed, the basis for the rental rate adjust-
ment shall be the most closely comparable index published
by the U. S. Government.
2. The parties recognize that Lessee shall lease to tenants,
facilities for the storage and/or tie-down of aircraft within
leased propert i es desc ribed as "Des igna ted Use Area" or
"T-Hangar Development Area" on Exhibits "A" and "B". The
Lessee shall have the right to provide additional T-Hangar
or tie-down facilities on the property leased herein, but
any such additional facility shall only be provided after
specific written authorization from the Lessor. Additional
facilities shall be provided only in areas specifically
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'075':71::1934
authorized by the Lessor and shall be hardsurfaced rather
than grass areas. The parties further agree that no aircraft
'will be tied-down on grass surface areas wi thin' Lessee's
leased premises after the year 1990.
Lessor leases to Lessee, the thirty (30) westernmost tie-downs
in Phase I construction of the new "Designated Use Area,"
upon the terms and conditions herein containect~ Upon comple-
tion of Phase II construction, Lessor will re-assign to
Lessee, the thirty (30) westernmost tie-downs in the combined
Phase I/Phase II constructed Designated Use Area. Lessor
grants to Lessee, an option, exercisable within thirty (30)
days after receipt by Lessee of written notice from Lessor,
that Lessor has accepted from its contractor, Phase II constru-
ction in the "Designated Use Area," which option shall be an
option to Lessee, to lease an additional twenty (20) tie-downs,
within the "Designated Use Area," for a total of fifty (50)
tie-downs, which, if said option is exercised by Lessee,
shall be the fifty (50) westernmost tie-downs in the "Design-
a ted Use Area," upon the terms and cond tions herein conta ined.
Lessor further grants Lessee an option to lease the first two
(2) T-Hangar sites in the new T-Hangar area, with a minimum
of one (1) year to begin construction, and with the flooring
or paving under the new T-Hangars to be put in place by
Lessor when access ramps are paved by Lessor. Lessee shall
pay Lessor an option fee of Five Hundred Dollars ($500.00)
upon the execution hereof, for each T-Hangar site which
Lessee desires td option from Lessor, which option fee shall
be credited to rental, if such options are exercised by
Lessee, upon the 1 ease terms as herein conta ined. Lessor
agrees that T-Hangar area will be leased to any Fixed Base
Operator at the same established square foot rental fee
charged by Lessor to Fixed Base Operator Lessees, at the
time of signing of such new leases. Lessor covenants that
the lease price shall not in any event be less than $.02
square foot per year. In add i tion, any Lessee Fixed Base
Operators shall pay Lessor thirty (30) percent of its esta-
bl ished tie-down ramp fee for each hangar space. In other
words, Lessor shall treat T-Hangars as ti e-down ramp, with
the fee tied to actual charges by Lessees to their customers,
on the ramp area, for purposes of computing minimum lease
payments for T-Hangar space. Only the area actually covered
by hangar will be considered in foot print leases, at the
established square foot charge. In addition, after acceptance
of construction by Lessor, this fee will be paid by Lessee
to City, and by any future Lessee Fixed Base Operators to
City, wheth er or not the hangar is occup i ed by Lessee's
customers. No aircraft will be allowed to use the T-Hangar
area as open tie-down; planes in the T-Hangar area must be
parked in hangars.
The Lessee shall pay to the City of La Porte, as additional
rent, a sum equal to Thirty percent (30%) of the gross revenues
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obtained from rental of T-Hangars and tie-down spaces within
the "Designated Use Areas" or "T-Hangar Development Area"
depicted on Exhibits "A" and "B". For ramp tie-down spaces
within the Designated Use Area, Lessee guarantees the City
of La Porte a yearly rental of not less than One Hundred
Forty-Four Dollars ($144~00), multiplied by the number of
tie-downs leased; and, if at the end of each . anniversary
year of this agreement, the rentals paid to the City of La
Porte are less than One Hundred Forty-Four Dollars ($144.00)
multiplied by the number of ramp tie-downs leased, then
Lessee shall, not later than the 10th day of the month follow-
ing the month anniversary date of this agreement, pay Lessor
sufficient money so as to ensure a total of One Hundred
Forty-Four Dollars ($144.00), multiplied by the number of
ramp tie-downs leased, for minimum tie-down rental within
the Designated Use Area.
In the event that Lessee shall construct or cause to be con-
structed T-Hangars, within the area designated as "T-Hangar
Development Area" on Exhibit "B", Lessee shall pay to the
City of La Porte, as rent and use fee, a sum equal to thirty
percent (30%) of its established tie-down ramp fee for each
hangar space multiplied by the number of hangar spaces to
compute gross revenue obtained from rental of such T-Hangars,
for purposes of this lease. For T-Hangars spaces within
the liT-Hangar Development Area", Lessee guarantees Lessor a
yearly rental of not less than One Hundred Forty-Four Dollars
($144.00) per T-Hangar space, multiplied by the number of
T-Hangar spaces leased; and, if at the end of each anniversary
year of this agreement, the rentals paid to the City of La
Porte are less than One Hundred Forty-Four Dollars ($144.00),
multiplied by the number of T-Hangar spaces leased by Lessor
by Lessee hereunder, then Lessee shall, not later than .the
10th day of the month following the anniversary date of this
agreement, pay Lessor sufficient monies so as to ensure a
total of One Hundred Forty-Four Dollars ($144.00), multiplied
by the number of T-Hangar spaces leased by Lessor to Lessee,
for minumum T-Hangar rental wi thin the liT-Hangar Development
Area. "
3. The rental above provided for during the term of this Agreement
and Lease shall be paid monthly, in sum equal to 1/12 of the
annual rental due hereunder, in advance on the first day of
each and every month. In the event that this Agreement and
Lease commences or terminates other than on the first or
last day of the month, pro-rata payments shall be made for
the fractional part of a month involved.
4. The Lessor is entitled to collect and the Lessee agrees to
pay, all rentals due under this Agreement and Lease to the
City of La Porte, La Porte Municipal Airport, La Porte,
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Texas, without notice to the Lessee. Rentals more than
thirty (30) days past due may be subject to'a service charge
of one percent (1 %) per month, based on an annual rate of
twelve pe.>:,cent (12%).
5. l~ithout prejudice to any other remedy which otherwise might
be used for arrears of rent or other breach of this Agreement,
if the Lessor is required or it elects to pay any sum or
incurs any obligations or expense, by reason of a failure,
neglect or refusal of the Lessee to perform anyone or more
of the terms, conditions or covenants of this Agreement and
Lease or as the resul t of any act or omission of Lessee
contrary to said terms, conditions and covenants, the sum or
sums so pa id or the expense so incurred, includ ing all inte-
rest, costs, damages and penalties may be added to any in--
stallment of rent thereafter due hereunder and each and
every part of the same shall be and become additional. rent
recoverabl e by the Lessor in the same manner and with like
remedies as if it were originally a part of the rent as set
forth hereinabove.
ARTICLE IV - ACTIVITIES, USES, PRIVILEGES AND
OBLIGATIONS OF THE LESSEE
1. A Fixed Base Operation is defined as a commercial aviation
activity conducted by a person, partnership, firm ,or corpora-
tion engaged in the hangaring, maintenance, care and 'opera-
tion of aircraft for use by the public, and such other acti-
vities as may be pertinent to such use. This definition
specifically includes all terms as set forth in Minimum
Standards for Equipping & Operating A General Fixed Base
Operation at the La Porte Minicipal Airport, made a part
hereof by reference and attached as Exhibit "C".
2. During the term of this Agreement and Lease, the Lessee agrees
to use the Leased Premises for the purposes or activities
stated above, subject to the conditions generally or particu-
larly set forth herein, and not to use or permit the use of
the Leased Premises or any. part thereof for any purposes or
activities other than those specifically stated above without
first obtaining the express, written approval of the Lessor.
3. Lessee agrees that the rights and privileges granted herein
are non-exclus ive except as to the Leased Premises wh ich
shall be for the exclusive use of the Lessee.
4. The Lessee agrees that the Lessor has the right to adopt and
enforce reasonable rules and regulations and that it and all
its employees, agents and servants will faithfully observe
and comply with all rules and regulations as may from time
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to time be promulgated by the Lessor, the United States of
America or any department or agency thereof, the State of
Texas and the City of La Porte.
5. The Lessee agr.ees, at its own expense, to pay any and all
taxes levied by the City, County or other appropriate govern-
mental units and to pay any and all costs or charges for
utility services furnished to or required by the Lessee.
6. The Lessee will not suffer or permit to be maintained upon
the Leased Premises or upon the exterior of any improvements
or apputenances thereto any billboards, signs or other adverti-
sing media except those which have prior written approval of
the Lessor. Flashing, rotating, animated or intermittent
illuminated type signs are prohibited.
7. Lessee shall utilize on the Airport, only service contractors
authorized to operate at the Airport, including, but not
limited to vendors of aircraft, aircraft parts, service and
fuel, car rental service, taxicab service, vending machine
service and the like; it being understood that fees may be
imposed or collected by the Lessor from such contractors for
the privilege of operating at the Airport.
ARTICLE V - RIGHTS AND COVENANTS OF THE LESSOR
1. The Lessor covenants that it is well seized of the Leased
Premises and has good title thereto free and clear of all
liens and encumbrances and has full right and authority to
lease the same as herein set forth.
2. The Lessor covenants that the Lessee shall have peaceful
possession and quiet enjoyment of the Leased Premises during
the term hereof so long as the Lessee performs and observes
all of the covenants, agreements, terms and conditions hereof.
3. The Lessor reserves the right to maintain and keep in repair
the landing area of the Airport and all publicly-owned facili-
ties of the Airport, together with the right to direct and
control all activities of the Lessee in this regard.
4. The Lessor reserves the right further to develop or improve
the landing area and all pubicly-owned air navigation facili-
ties of this Airport as it sees fit, regardless of the desire
or views of the Lessee, and without interference or hindrance.
5. The Lessor reserves the right to take any action it considers
necessary to protect the aerial approaches of the airport
against obstruction, together with the right to prevent the
Lessee from erecting, or permitting to be erected, any build-
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07S~71=lg38
ing or other structure on the airport which in the opinion
of the Lessor would limit the usefulness of the "Airport or
constitute a hazard to aircraft.
6. Du ring time of war or national emerg ency Lessor shall have
the right to enter into an agreement with the United States
Government for mil i tary or naval use of part or all of the
land ing area, the publ icly-owned air navigation facil i ties
and/or other areas or facilities of the Airport. If any
such agreement is executed, the provisions of this instrument,
insofar as they are inconsistent with the provisions of the
agreement with the Government, shall be suspended.
7. This Agreement shall be subordiante to the provisions of any
outstanding agreement between Lessor and the United States
relative to the maintenance, operation or development of the
Airport.
8. It is understood and agreed that the rights granted by this
Agreement will not be exercised in such a way as to interfere
with or adversely affect the use, operation, maintenance or
development of the Airport.
9. There is hereby reserved to the Lessor, its successors and
assigns, for the use and benefit of the public, a free and
unrestricted right of flight for the passage of aircraft in
the airspace above the surface of the premises herein conveyed,
together with the right to cause in said airspace such noise
as may be inherent in the operation of aircraft, now known
or hereafter used for navigation of or flight in the air,
using said airspace or landing at, taking. off from, or opera-
ting on or about the Airport.
ARTICLE VI - IMPROVEMENTS AND MAINTENANCE
1. Lessee ag res tha t construction of all facil ities, improvements
or appurtenances on or in connection with the Lease Premises
is prohibited without the express wrLtten consent of the
Lessor before commencement of said construction. All facili-
ties, improvements, or appurtenances proposed for construction
shall comply with all existing applicable codes, ordinances,
laws and regulations relating thereto.
2. Lessee agrees that T-Hangars constructed within the designated
"T-Hangar Development Area" will be built in structures con-
taining no fewer than ten (10) units each.
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3. The Lessee agrees that no obstruction to air navigation as
such are defined from time to time by application of the
criteria of Part 77 of the Federal Aviation Regulations or
subsequent and additional regulations of the Federal Aviation
Administration will be constructed or permitted to remain on
the Leased Premises. Any obstructions shall be removed by
the Lessee at its expense. The Lessee agrees not to increase
the height of any structure or obj ects or permit the growth
of plantings of any kind or nature whatsoever that would
interfere with the line of sight of aircraft operating on or
above the Airport in airspace protected under rules prescribed
by FAR Part 77. The Lessee further agrees not be install
any structu res, obj ects, machinery or equ ipment that would
interfere with operation of navigation aids or that would
interfere with the safe and efficient operations of the Air-
port, or interfere with the-operations of other tenants and
users of the Airport.
4. The Lessee agrees that all utility services required by it
during the lease term for the Lease Premises must be paid
for by the Lessee including the maintenance cost of service
1 in es.
5. The Lessee agrees, at its own expense, to cause the Leased
Premises and any improvements and apputenances thereto to be
maintained in a tenantable and in a safe, neat, clean and
presentable condition including, but not limited, to the
necessary mowing and snow removal of the Leased Premises
during the appropriate periods of the year.
6. The Lessee agrees, at its own expense to keep and maintain in
good repair, all structures, pavements, utilities and all
other improvements and appurtenances within and upon the
Leased Premises. Lessee further agrees that Lessor shall
have no maintenance responsibilities with respect to the
Leased Premises.
7. Lessee agrees, at his own expense, to remove all waste, gar-
bage, and rubbish from the Lease Premises, and agrees not to
deposit the same on any part of the Leased Premises except
temporarily in conn ect ion with collection for r--emoval. No
waste, garbage or rubbish will at any time be deposited on
any other area of the Airport.
8. Lessee agrees to provide, at its own expense, such janitor,
toilet, and cleaning services and supplies as may be neces-
sary or required in the operation and maintenance of the
Leased Premises and the improvements and appurtenances there-
to.
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9. The Lessor and its authorized officers, employees, agents,
contractors, subcontractors, and other representati'ves shall
have the right to enter upon or in the Leased Premises and
any improvements thereon for the following purposes:
A. To inspect the Leased Premises and any improvements there-
on at reasonable intervals during regular business hours
or at any time in case of emergency, to determine whether
the Lessee has compl ied and is complying with the terms
and conditions of this Agreement and Lease with respect
to such Leased Premises.
B. To perform any and all things which the Lessee is obli-
gated to do and has failed, after reasonable notice to
do so, including maint~nance, repairs and replacements
of any portion of the Leased Premises, improvements or
appurtenances thereto, in which event the Lessee agrees
to reimburse the Lessor for reasonable costs thereof
promptly upon demand, as set forth herein before.
c. In the exercise of the Lessor's police power.
D. To inspect the Leased Premises and perform any and all
things with reference thereto which the Lessor is obli-
gated or authorized to do as set forth herein.
No such entry by or on behalf of the Lessor within or upon
the Leased Premises or any improvements thereon shall cause
or constitute a termination of the letting thereof or be
deemed to constitute an interference with the possession
thereof by the Lessee.
10. Upon termination of this Agreement and Lease at the expira-
tion of the term or for any other reason or cause, the .Lessee
shall have the right to remove any structures or other im-
provements and all machinery, fixtures, apparatus and equip-
ment owned by the Lessee and locted onthe Leased premises
for a period of 120 days after said termination date and
upon payment of rentals as provided in Article III hereof to
the date of removal' of said improvements. The Lessor shall
be entitled to have the Lease Premises herein demised returned
to it clear of all improvements owned by the Lessee and may
require the Lessee to make such restoration by written noti-
fication within 120 days following termination of this Agree-
ment and Lease; and, in the event of the failure by the
Lessee to restore the Leased Premises as herein requ ired,
within 120 days of said written notification, then the Lessor
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075':71=1941
may make such restoration at the Lessee's expense. In the
event that Lessee does not remove all said improvements or
equipment, and the Lessor elects not to require said restora-
tion of the Leased Premises, then upon the expiration of 120
days from the date of termination of this Agreement and
Lease, all structures or other improvements and all machinery,
fixtures, apparatus and equipment located on the Leased
Premises shall become the property of the Lessor.
ARTICLE VII - INDEMNIFICATION AND INSURANCE
1. The Lessee covenants and agrees to indemnify and save harmless
the City of La Porte, its officers, agent's and employees, their
successors and assigns, individually or collectively, from and
against al liability for qny fines, claims, suits, liens,
demands, actions or cause of action of any kind an. nature
for personal injury or death, or property damage in any way
arising out of or resulting from any activity or operation
of the Lessee on the Leased Premises or in connection with
its use of the Leased Premises, and the Lessee further agrees
to pay all expenses in def ending against any such claims
made against the Lessor, including reasonable attorney's
fees; provided, however, that the Lessee shall not be liable
for any injury, damage or loss occassioned by the sole negli-
gence or willful misconduct of the Lessor its agents or
employees. The Lessee and the Lessor shall give prompt and
timely notice of any claim made or suit instituted which, in
any way, directly or ind irectly, conting en tly or otherwise,
affects or might affect either party. If the Lessee fails,
after written notice from Lessor, to so save harmless and in-
demnify Lessor, Lessor shall have the right, in addi tion
to its other legal remedies, to declare a default in Lessee's
obligation to fulfill and comply with the t"erms and conditions
of this Lease, and Lessor may then proceed to termination of
the Lease pursuant to Article IX hereof.
2. The Lessee shall procure and maintain in effect during the
term of this Agreement and Lease insurance with companies
licensed to do business in the State of Texas, and naming
the Lessor as an additional insured and containing a cross
liability agreement, providing the following coverages:
AIRCRAFT LIABILITY
Bod ily Inj ury
One Hundred Thousand Dollars
($100,000.00) each person
One Million Dollars
(1,000,000.00) each accident
Property Damage
Five Hundred Thousand Dollars
($500,000.00) each accident
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075':71=1942
Passenger Legal Liability
One Hundred Thousand Dollars
($100,000.00) each passenger
seat
Or altrnatively a single limit legal liability policy (public
liability, property damage and passenger liability) of not
less than One Million Dollars ($1,000,000.00) which may
include a limit of One Hundred Thousand ($100,000.00) each
person or passenger.
COMPREHENSIVE PUBLIC LIABILITY AND
COMPREHENSIVE PROPERTY DAMAGE
Bod ily Injury
One' Hundred Thousand Dollars
($100,000.00) each person
One Million Dollars
($1,000,000.00) each accident
Five Hundred Thousand Dollars
($500,000.00) each accident
Property Damage
Or alternatively a single limit legal liability policy (public
liability and property damage) of not less than One Million
Dollars ($1,000,000.00) which may include a limit of One Hund-
red Thousand Dollars ($100,000.00) each person.
3. A certified copy of each policy evidencing the existence there-
of shall be delivered to the Lessor within ten (10) days
after the execution of this Agreement and Lease. Each such
copy shall contain a valid provision or endorsement that the
policy may not be cancelled, terminated, changed or modified
wi thout giving ten (10) days written advance notice thereof
to the Lessor. Each such policy shall not, without obtaining
express advance permission from the Lessor, raise any defense
defense involving in any way the immunity of the City of La
Porte, its members, officers, agents, or employees, the
governmental nature of the Lessor, or the provisions of any
statutes respecting suits against the City.
4. The Lessee shall furnish to the City satisfactory evidence
that it carries Workmen's Compensation Insurance in accordance
with the laws of the State of Texas.
5. In the event that any repairs, alterations, additions, or
improvements are made, in, on or to the Leased Premises by
reason of the use and occupancy of the Leased Premises by
the Lessee, then the Lessee covenants and agrees to make
such repairs, alterations, additions, or improvements in, on
or to the Leased Premises at its own expense. The Lessee
covenants and agrees to indemnify and save harmless and
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Lessor from and against all expenses, liens, claims, or
damages to either persons or property which mayor might
arise by reason of any repairs, alternations, additions, or
improvements made by the Lessee in, on, or to the Leased
Premises.
ARTICLE VIII - TERMINATION OF LESSEE
1. In addition to all other remedies available to the Lessee,
this Agreement and Lease shall be subject to cancellation by
the Lessee should anyone or more of the following events
occu r :
A. The permanent abandonment of the Airport.
B. The issuance by any court of competent jurisdiction of
any injunction preventing or restraining the use of the
Airport in such manner. as to substantially restrict the
Lessee from conducting its fixed base operation, and the
remaining in force of such injuction for at lease sixty
(60) days.
c. The breach by the Lessor of any of the terms, covenants,
or conditions of this Agreement and Lease to be kept,
performed, and observed by the Lessor, and the failure
of the Lessor to remedy such breach for a period of
sixty (60) days after written notice from the Lessee of
the existance of such breach.
D. The assumption by the United States Government, or any
authorized agency thereof, of the operation, control or
use of the Airport and its facil ities in such a manner
as to substantially restrict the Lessee from conducting
its operation, if such restrictions be continud for a
period of three (3) months or more.
ARTICLE IX - TERMINATION BY LESSOR
1. In addition to all other remedies available to the Lessor,
this Agre6nent and Lease shall be subject to cancellation by
the Lessor should anyone or more of the following events
occur:
A. If the Lessee shall file a petition of bankruptcy; or if
proceedings in bankruptcy shall be instituted against it
and it is thereafter adjudicated a bankrupt pursuant to
proceedings; or if a court shall take jurisdiction of
the Lessee and its assets pursuant to proceedings brought
under the provisions of any Federal Re-Organization Act;
or if a Receiver for the Lessee's assets is appointed;
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075=71=1944
or if the Lessee shall be divested of its rights, powers
and privileges under this Agreement and Lease by other
operation of law.
B. If the Lessee shall default in or fail to make any pay-
ments at the times and in the amount required of it
under this Agreement and Lease.
C. If the Lessee shall abandon and discontinue the conduct
of a fixed base operation.
D. If the Lessee shall fail to perform, keep and observe
all the covenants and conditions contained in this Agree-
ment and Lease to be performed, kept and observed by it.
E. If the Leasee shall fail to abide by all applicable laws,
ordinances, rules and r~ulations of the United States,
State of Texas, or the City of La Porte.
Provided that upon happening of any of the contingencies re-
cited in subparagraphs B, C, D and E above the Lessor shall
give written notice to the Lessee to correct or cure such
. default, failure to perform or breach and if, within thirty
(30) days from the date of such notice, the default, failure
to perform or breach complained of shall not have been cor-
rected in a manner satisfactory to the Lessor, then, and in
such event, the Lessor shall have the right at once and
without further notice to the Lessee to declare this Agree-
ment and Lease terminated and to enter upon and take full
possession of the Leased Premises and Leased Facilities and,
provided further that upon the happening of anyone of the
contingencies enumerated in subsection A hereof, this Agree-
ment and Lease shall be deemed to be breached by the Lease
and thereupon ipso facto and without entry or any other
action by the Lessor, the Agreement and Lease shall terminate,
subject to be reinstated only if such involuntary bankruptcy
or insolvency proceedings, petitions for reorganization,
trusteeship, receivership, or other legal act divesting the
Lessee of its rights under this Agreement and Lease shall be
denied, set aside, vacated or terminated in the Lessee's
favor within forty-five (45) days from the happening of the
contingency. Upon the happening of said latter event, this
Agreement and Lease shall be reinstated as if there had been
no breach occassioned by the happening of said contingencies
provided that the Lessee shall within ten (10) days discharge
any and all sums of money which may have become due under
this Agreement and Lease in the interim and shall then remain
unpaid and shall likewise fully perform and discharge all
other obligations which may have accrued and become payable
.in the interim. The acceptance of rentals and fees by the
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075=71=1945
Lessor for any period or periods after a default of any of
the terms, covenants, and conditions herein contained to be
performed, kept and observed by the Lessee shall not be
deemed a wa iver of any rights of the Lessor to cancel this
Agreement and Lease for failure by the Lessee to so perform,
keep, or observe any of the terms of this Agreement and
Lease to be kept, performed, and observed by the Lessee.
ARTICLE X - ASSIGNMENT AND SUBLETTING
1. The activities, uses, privileges and obligations authorized
herein are personal and the Lessee agrees that it will not
assign, subcontract-, subl et, or und erlet' the same or any
portion thereof, or assign, sub-contract, sublet or underlet
the Leased Premises or any portion thereof without the expres-
sed consent of the Lessor- in writing and any purported
assignment or sub-contract in violation hereof shall be
void. In no case, however, may the activities, uses, privi-
leges and obligations authorized herein or the Leased Premises
or any portion thereof be assigned, sub-contracted, subl et,
or underlet by the Lessee for any use other than herein
specified. All provisions of this Agreement and Lease appli-
cable to the Lessee hereunder shall be equally binding upon
any party to which the activities, uses, privileges and
obligations authorized herein, Leased Premises are assigned,
sub-contracted, sublet or underlet.
2. The Lessor will not be unnecessarily arbitrary in granting
said permission, but the Lessor shall be the sole judge as
to the reliability, capability, character, and desirability
of the parties involved.
ARTICLE XI - HOLDING OVER
1. In the event the Lessee shall hold over and remain in posses-
sion of the Leased Premises herein leased after expiration
of this Agreement and Lease without any written renewal
thereof, such hold ing over shall not be deemed to operate as
a renewal or extension of this Agreement and Lease but shall
only create a tenancy from month to month which may be termi-
nated at any time by the Lessor.
ARTICLE XII - SUCCESSOR AND ASSIGNS BOUND BY COVENANTS
1. All covenants, stipulations and agreements in this Agreement
and Lease shall extend to and bind the legal representatives,
successors, and assigns of the respective parties hereto.
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075~7J=1946
ARTICLE XIII - GENERAL PROVISIONS
1. Notices to the Lessor provided for in this Agreement and Lease
shall be sufficient if sent by certified or registered mail,
postage prepaid, addressed to the City Manager, the City of
La Porte, Box 1115, La Porte, Texas 77571, and notices to
the Lessee if sent by certif ied or reg istered mail, postag e
paid addressed to Bayport Aviation, Inc., Post Office Box
656, La Porte, Texas 77571, or to such other respective
address as the parties may designate to each other from time
to time in writing.
2. The Lessee represents that it has carefully reviewed the terms
and conditions of the Agreement and Lease and is familiar with
such terms and conditions and agrees faithfully to comply with
the same to the extent to which said terms and conditions apply
to its activities, authorized and required by this instrument.
3. The term "Lessor" as used in this Agreement and Lease means
the City of La Porte, and where this Agreement and Lease
speaks of approval and consent by the Lessor, such approval
is und erstood to be man if ested by act of the City Manag er,
except as otherwise expressly stated in this Agreement and
Lease.
ARTICLE XIV - INVALID PROVISION
1. In the event that any covenant, condition or provision herein
conta ined is held to be inval id by any Court of competent
jurisdiction, the invalidity of any such covenant, condition,
or provision shall in no way affect any other covenant,
condition or provision herein contained; provided that the
validity of any such covenant, condition, or provision does
not materially prejudice either the Lessor or the Lessee in
its respective rights and obligations contained in the valid
covenants, conditions, or provisions of this Agreement and
Lease.
ARTICLE XV - FEDERAL REQUIREMENTS
1.
The right to conduct aeronautical activities or
services to the public is granted the Lessee
Lessee agreeing;
furnish ing
subj ect to
A.
To furnish said services on a
justly discrimanatory basis to
fa ir, equal and not un-
all users thereof, and
B. To charge fair, reasonable, and not justly discriminatory
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075::7.1 = 1947. ~
prices for each unit or service; provided, that the Lessee
may be allowed to make reasonable and nondiscriminatory
discounts, rebates, or other similar types of price re-
ductions to volume purchasers.
2. The LesseE:: in exercising any of the rights or privileges here-
in granted to it shall not on the grounds of race, color, or
national origin discriminate or permit discrimination against
any person or group of persons in any manner prohibited by
Part 21 of the Regulations of the Secretary of Transportation.
The Lessor is hereby granted the right to take such action,
anything to the contrary herein notwithstanding, as the
United States may direct to enforce this nondiscrimination
covenant.
3. The Lessee assures that it will undertake an affirmative
action program as required by 14 CFR Part 152, Subpart E, to
insure that no person shall on the grounds of race,' creed,
color, national origin, or sex be excluded from participating
in any employment ativities covered in 14 CFR Part 152,
Subpart E. The Lessee assures that no person shall be ex-
cluded on these. grounds from participating in or receiving
the services or benefits of any program or activity covered
by this subpart. The Lessee assures that it will require
that its covered suborganizations provide assurances to the
Lessee that they similarly will undertake affirmative action
programs and that they will require assurances from their
suborganizations, as required by 14 CFR Part 152, Subpart E,
to the same effect.
ARTICLE XVI - FAVORED NATIONS CLAUSE
1. Lessor covenants and agrees not to hereafter enter into any
lease, contract, or agreement, or any renewal of any existing
leases, with any other party with respect to the Airport,
containing more favorable terms than this lease or to grant
to any other operator rights, privileges or concessions with
respect to the Airport which are not accorded to Lessee
hereunder, unless the same rights, privileges and concessions
are concurrently and automatically made available to Lessee.
It is understood and agreed that the intent of the parties in
this paragraph is to provide that Lessee shall not be put at
a competitive disadvantage with any other operator rights,
privileges or concessions which have not been granted to
Lessee or terms and conditions more favorable than those
enjoyed by Lessee.
IN WITNESS WHEREOf, the parties have caused these presents
to be signed by their duly authorized representatives.
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ATTEST:
If} Ii c .f j} ~ 0
CAwvU/ I~~
Cherie Black, City Secretary
APPROVED:
ATTEST:
?- ~ 471ft!;,
Kenneth G. Mathis, M.D., J.D.,
Secretary
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Lessor:
THE CITY OF LA PORTB -
BY:
Less ee:
BAYPORT AVIATION, INC.
.'
BY: ~rU'dcc/.
Michael L. eaumont,
President
Ilrr 'ROI'lSION H(R(IN WIIICH Jl[SlIlCls TH( SoU.lWITAI. UII tr.:E Of DIE IlUClll9ED RW.
.QOI'OlIY BEcAlJ1l[ Of COlOllOR llACf; ISllIVAlIO NIO UHUIrOllCf.IlllE UNDElfUQAllAW.
THE STATE OF TEXAS}
COUNTY OF HARRIS
I hUlby certify thaI this lnsttumenl was fltEDiII file Humber
Sequenc. 011 111. dalo Ind althe time slamped hereolliby m.; and 'lf1S
duly RECORDED, in the Official Public Records of Real Property of IUrris
CQunl)', Texas on ,
MAR 11 1987
HAR*1 /?.. ~~
~ :t('! ~ ~
~ ~ COUNTY CLERK
~ .:::. HARRIS COUNTY, TEXAS
~ ,"
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Sept. 12, 1988
Requested By: N. Malone
Department: Citv Council
X Repo rt
Resolution Ordinance
Exhibits: Correspondence from Alan Beals, Executive Director of
National League of Cities
Copy of form for naming Voting Delegate and Alternate
Voting Delegate
SUMMARY & RECOMMEIDATION
Under the by-laws of the National League of Cities, each district
member city is entitled to cast from one to twenty votes,
depending upon the City's population, at the Annual Business
Meeting of the Congress of Cities. The City of La Porte is
entitled to cast one (1) vote. In order to be eligible to cast
the City's vote, the voting delegate and alternate voting delegate
must be designated on the attached form and the form forwarded to
NLC's Credentials Committee on or before October 3, 1988.
Action Required by Council:
Designate a voting delegate and an
alternate voting delegate to cast
the City's vote at the Annual
Business Meeting of the Congress of
Cities at the meeting to be held
December 7, 1988.
Av~ilability of Funds: N/A
General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other (Motor Pool Replacement Fund)
Account Number:
Funds Available:
YES
NO
C5:0. for City Council
Tl.~~
Robert T. Herrera
City Manager
Agenda
q-t(}~
DATE
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Nlltlonal
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Office...
President
Pamela P. Plumb
Councilor, Portland, Maina
August 22, 1988
~~RECalJ
Fax: (202) 62~
First Vice President
Tarry Goddard
Mayor, Phoenix, Arizona
?- 6- f1
CITY MGR'S OFFICE
Second Vice President
Bob Bolen
Mayor, Fl. Worth, Texas
To:
Mayors of Direct Member Cities
Alan Beals, Executive Director ~ ~
Immediate Put President
Cathy Reynolds
Councilwoman-at-Large,
Denver, Colorado
From:
EJecutiw Director
Alan Baals
Subject: Designation of Voting and Alternate Voting Delegates,
Annual Congress of Cities, December 3-7, 1988
Boston, Massachusetts
Under the Bylaws of the National League of Cities, each direct
member city is entitled to cast from one to twenty votes, depending
upon the city's population, through its designated voting delegate
at the Annual Business Meeting of the Congress of Cities. (See
table on reverse side.) This meeting will begin at approximately
10:30 a.m., Wednesday, December 7, 1988, in the Hynes Convention
Center. (Please consult your convention program at the Congress of
Cities for the exact starting time and place of the meeting.)
To be eligible to cast the city's vote, each voting delegate
and alternate voting delegate must be designated by the city
on the attached form and the form forwarded to NLC's Credentials
Committee. NLC's Bylaws expressly prohibit voting by proxy. Thus,
an official of the city, properly designated, must be present at
the Annual Business Meeting to cast the city's vote
or votes.
To enable us to get your credentials in order and to provide your
voting delegates with National Municipal Policy and Resolutions
materials prior to the Congress of Cities, we ask that you
return the WHITE copy of the completed form to NLC on or before
October 3, 1988. A pre-addressed envelope is attached. Upon
receipt of these names, NLC will also send each voting and
alternate voting delegate a set of instructions on registration and
rules governing the conduct of the Annual Business Meeting.
To assist your state municipal league in selecting delegates to
cast the League vote, please forward the YELLOW copy of the
credential form to your state league office and keep the PINK
copy for your records. ----
Attachments
Put ,.,.s/denl1l; Tom Bredlay. Mayor, Los Angeles, Calilornia . Hanry Go C........ Mayor, San Antonio, Texas' FeId L. Harrlaon. Mayor, Scotland Neck, North Carotina . William H. Hudnut,
III, Mayor, Indianapolis, Indiana' Gaotga latimer. Mayor, Sl. Paul, Minnasota . Henry W, Malar, Mayor, Milwaukee, Wisconsin' ....... II, RatIIay. Mayor, Newport News, Virginia' John
Aouaakl.. Mayor, Savannah, Georgia' ChaIlH RcJvIar, Mayor, Seattla, Washington. GeoIga Y. YaI.-1ch, Mayor, CltMtland, Ohio' DIIKfoIB: Gary Anderaon, Mayor, Cacalur, Illinois' Sidney
J. Barlhalerny, Mayor, New Orlaans, Louisiana' Marjorie A. Boon, Mayor, Grand Haven, Michigan' John E, Bourne. Jr.. Mayor. North Charleston, South Carolina. Jon C. Burrall, Executive
Director, Maryland Municipal Laague . Hal Conklin, Councilmambar, Santa Barbara, Call1ornia . Mary Davia, Councilmambar, Atlanta, Georgia' Ed Ellert, Mayor, Owrland Park, Kansas
. Edward C. Farrall, Executiw Director, New York Conferenca of Mayors' Robert "-II, Councilmembar, Los Angeles, CalifOrnia' Jan Furner, Executive Director, Utah Laagua of Citias
& Towns' E, Arthur G,.,-. Mayor, Port Jarvis, New York' Glenda E. Hood. Mayor Pro Tem, Orlando, Florida' Kantn Humph,.,-, Councilrnembar, Fresno, Calilornia . Robert E, JohMOn,
Executiw Director, North Dakota Laagua 01 Citias . Joaeph A. ..... Mayor, Norfolk, Virginia . ~ ~ Chairman, Board of Selectman, Arlington, Massachusatts . 11811_ Marahon,
A1darman, Louisville, Kantucky . Bob ~. Councilmembar, Everett, Washington' G..- ~, Mayor, Plene, South Dakota . Dana G, RlnaMrt, Mayor, Columbus, Ohio' John
H, Rodriguez, Councilman, Yuma, Arizona' Parry Roque....... Executive Director, Alabama Laague of Municipalities' S_n C. Rober1s, Aldarman, Sl. Louis, Missouri' ........ SC....bel.
Councilmember, Sl. Paul, Minnesota. FloNnce Shapiro, Councilwoman, Piano, Texas. DoIoIH SIboIiga. Councllmember, Seattle, Washington' JoMph A, S_at, Executive Director,
Tennessee Municipal Leagua . E.B. Turner. Mayor Prl;l Tam, Lumberton, Norlh Carolina' ........ Weatherbl'. Executive Director, Association of Idaho Citias
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REOUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Seot. 12, 1 g88
Requested By: Charles E. Smith Department:
Police
XX Report Resolution
Ordinance
Exhibits: Memorandum from Charles Smith to R. Herrera dated June
27, 1988
Memorandum from Charles Smith to R. Herrera dated June
13, 1988
Copy of Agreement with Harris County
SUMMARY & RECOMMENDATION
Request for proposal #0020 was returned June 6, 1988, on the South
Easst Texas Crime Information Center services. Low bid was
presented by IBM in the ammount of $15,624.80. This amount is far
in excess of the amount of money allotted for this project.
Funds budgeted are $8,000.00.
Action Required by Council:
Staff recommends that Council reject RFP #0020 and grant
permission to enter into a contract with Harris County for
services fromm SETCIC/JIMS under the original proposal.
Availability of Funds:
X General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other (Motor Pool Replacement Fund)
Account Number: 015 600 606 824
Funds Av~il~ble: -X YES
NO
(;l1:r9~~1~~~::~~nDda
Robert T. Herrera
City Manager
q -8 ~%
DATE
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LA PORTE POLICE DEPARTMENT
TO:
Mr. Bob Herrera, City Manager
FROM:
Charles E. Smith, Chief of Police
SUBJECT:
SETCIC Bid Proposal #0020
DATE:
June 27, 1988
Sir:
Charles E. Smith
Chief of Police
I am requesting the Council's permission to enter into a
contract with Harris County to activate the South East Texas
Crime Information center system (SETCIC).
Our present system is to check TCIC/NCIC and five (5)
other agencies individually for outstanding warrants. With
our computer tied into Harris County, all this can be
accomplished at one time. Our warrants will also be
entered, this means that the warrant list of about fifteen
(15) Harris County agencies will be checked with the running
of one name.
This contract will enhance our criminal justice
activities and allow major reduction in our backlog of
unserved warrants. Money for this project was budgeted in
the 1987-88 budget.
I recommend the council approve the contract with Harris
County SETCIC system.
.
.
TO: BOB HERRERA, CITY MANAGER
FROM: C. E. SMITH, CHIEF OF POLICE
SUBJECT: SETCIC BID PROPOSAL #0020
DATE: JUNE 13, 1988
SIR:
As you may remember, we set aside $8000.00 in the 87-88 budget to
join the Harris County SETCIC/JIMS System. SETCIC is an acronym for
South East Texas Crime Information Center. JIMS is an aCt~onym for
Justice Information Management System.
SETCIC was set up to handle a county wide warrant service
program. In the past, communications personnel were required to
contact sevet~al different agencies to check for local warrants. This
method was largely hit or miss. With about twelve (12) agencies to
check, it was slow and time consuming.
With the advent of SETCIC a new method came to be. SETCIC allows
a large data base of wat~rants (supplied by the users) to be accessed
by entry of a name and other identifiers. This data base can be
accessed by any law enforcement agency connected to the system. As a
matter of course, on all traffic stops drivers are run for
outstanding warrants. Without our warrants being in this system, we
are missing out on a good opportunity to reduce the number of those
warrants. A very large percentage of our warrants are on persons who
live in other parts of Harris County. To track down these people, is
expensive and man-hour consuming. SETCIC can accomplish the reduction
of back logged warrants and help recover the $200,000.00 they
represent.
JIMS contains the data base for pawn shop and stolen article
information, as well as, historical information on prisoner status
and case disposition.
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In order to get into the SETCIC/JIMS network, it will be
necessary to dedicate at least two (2) terminals. One (1) for
communications and one (1) for the Municipal Court, with a set of
modems for connection. Our communications office is presently
cluttered with terminals: NCIC/TCIC, 911, Data General, Whelen
Warning System. In an attempt to avoid further clutter, I sought to
combine the SETCIC/JIMS function with the Data General terminals
presently in use in the dispatch office. This approach would also
take some of the pressure off of dispatch personnel for retrieval of
information, by allowing several terminals access. The initial
investigation into this approach, appeared to be economically
feasible. That opinion has since changed.
In May 1988 request for proposal #0020 was sent to six vendors:
IBM
PCI
HMS
DATA GENERAL
PARADYNE
A.T. & T
The purpose of these proposals was for hardware or software or any
combination thereof. Primary purpose, was to allow access to
SETCIC/JIMS utilizing the Data General terminals.
Two vendors returned proposals: IBM at $15,624.80, Paradyne at
$28,314.00.
These proposals are far in excess of monies allotted for
this project.
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REQUESTED COUNCIL ACTION
I am recommending that council reject request for proposal #0020
as both proposals were well above budget.
I am requesting councils permission to enter into contract with
Harris County for services from SETCIC/JIMS, under the original basic
cOYlcept.
rP~
Charles E. Smith
Ch ief of p,:, 1 ice
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SOUTH EAST TEXAS CRIME INFORMATION CENTER FEES
ANNUAL FEE
ENTRY FEE (each warrant entered) .20 x 1200 =
MONTHLY FEE 3.00 x(1200)=
(if warrants served by other agency)
No Charge for warrants cleared by La Porte.
$3000.00
$ 240.00
($3600.00)
I\I(:iT TONAL
r,t C I C
l.Jal.Tant s
Stolen Veh.
St 0 I en At~t.
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CRIME INFORMATION CENTER CONCEPT
I STATE
T C I C
Wat~t~a nt 5
Stolen Veil.
Stolen At~t.
tvl i ss i ng Pet~.
Missing Pet~
Nat i ona 1 info.
State info.
~
f e I on i es o!'II y
Felonys only
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COM M U N I CAT ION S
PAT R 0 L
OFF=-ICER
LOCAL . I
SET C I C
Wa t~t'a nt 5
St 0 I en At't.
Loca 1 Info.
Felony and
fIl i sderneanot'
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A G R E E MEN T
THE STATE OF TEXAS
COUNTY OF HARRIS
THIS AGREEMENT, made and entered into by and between HARRIS
COUNTY, hereinafter referred to as the "County," acting herein by
and through its County Judge, pursuant to an order duly passed by
the Commissioners Court of the County, and the
City of La porte, a body politic and corporate, organized and
existing by virtue of the laws of the State of Texas, hereinafter
referred to as the "Participating Agency," acting herein by and
through its duly authorized officers, pursuant to a valid
resolution of its governing body,
WIT N E SSE T H:
WHEREAS, the Sheri ff and the Constables of the County in
conjunction with the Justice Information Management System ("JIMS")
and the County Data Services Department, as a computer resource
utility, maintain records of outstanding criminal warrants issued
for the arrest of defendants charged with or convicted of felony
and/or misdemeanor offenses in the County; and
WHEREAS, the county des ires to have more of its outstanding
warrants executed by making such warrant information avai lable to
other law enforcement agencies and has implemented a computer
system known as the SouthEast Texas Crime Information Center
("SETCIC") to accomplish the afor~said purpose; and
WHEREAS, the Participating Agency desires to improve law
enforcement within its jurisdiction by arresting persons within its
jurisdiction which have outstanding warrants of arrest as contained
in the said computer system; and
WHEREAS, the County and the Participating Agency, pursuant to
the provisions of the Interlocal cooperation Act, TEX. REV. CIV.
STAT. ANN. art. 4413(32c) (Vernon Supp. 1984), have determined that
it would be in the best interest of the County and the
Participating Agency and the citizens and inhabitants thereof, for
the Participating Agency's law enforcement branch to have access to
SETCIC for the purpose of storing and retrieving information
regarding outstanding warrants of arrest held by the County, the
Participating Agency and other participants;
NOW, THEREFORE, in consideration of the mutual covenants,
agreements and benefits to both parties it is agreed as follows:
Harris county Standard Form-Full
SETCIC Contract--Stand Alone
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I.
The County agrees to provide the Participating Agency's law
enforcement branch with access to and use of the information
maintained by SETCIC as a full-service participant as said term is
defined in POlicies attached, Attachment "A."
II.
The Participating Agency agrees to do the following:
A. Abide by the rules, regulations, pOlicies
and procedures governing SETCIC, having
been promulgated by the JIMS Executive
Board and attached hereto as Attachment
"A" ;
B. Work in concert with other participants in
SETCIC in the service of outstanding
crimina]..warrants;
C. Work in concert with the County's JIMS in
maintaining and improving SETCIC;
D. Use its existing stand-alone terminal
device and printer as connected to the
Texas Department of Public Safety
communication swi tcher installation in
Austin to provide its access to SETCIC;
E. Provide JIMS with its current Texas Law
Enforcement Telecommunications System
Mnemonic Address to facilitate return
communications;
F. Maintain existing equipment and circuits
to the Department of Public Safety
communication swi tcher installation in
Austin; and
G. Remit the amount of $3000.00 for annual
access charge. In addition, fUll-service
participants will be assessed a monthly
fee by invoice amounting to the prevailing
per-warrant fee multiplied by the number
of warrants served .or "located" by an
agency other than the agency originating
the warrant plus the prevailing per-
warrant-entered fee (see Attachment "B").
SETCIC--SA Full, p. 2
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III.
Upon execution of this Agreement, the County shall furnish the
Participating Agency's law enforcement branch a list of transaction
codes and/or system message key mnemonics to enable author i zed
terminal operators to obtain access to SETCIC and modify or delete
its own data in SETCIC. The Participating Agency shall designate
in writing the names and addresses of all authorized terminal
operators who shall be trained by the JIMS Training Section. Use
of SETCIC by a person or persons not certified as trained by JIMS
Training Section shall be grounds for termination of this Agreement
pursuant to Paragraph IX below. The term of this Agreement shall
be perpetual, beginning on the date dfexecution which is written
just above the signatures below, and shall remain in force until
ei ther party give thirty (30) days w-ri tten termination notice to
the other party or until this Agreement is terminated pursuant to
Paragraph IX below.
IV.
It is expressly Uhaerstood and agreed that the Participating
Agency's law enforcement branch shall have access only to the
information available to them through the transaction codes and/or
system message key mnemonics provided to them by the County, for
law enforcement purposes only, and to no other computer data
without the express consent of the County. Further, it is
understood that the dissemination or release of confidential
information to any law enforcement agency, peace officer or
individual shall be governed by local, state and/or federal rules,
regulations, statutes, or judicial decisions.
V.
The Participating Agency shall have access to SETCIC twenty-
four (24) hours a day, each and every day of the week. The County
shall not be liable for any inability of the Participating Agency's
law enforcement branch to obtain access due to maintenance, break
downs, and other causes beyond the control of the County. In the
event that the capacity of SETCIC is inadequate to meet the needs
of the Participating Agency and the County, the rights of the
County shall prevail.
VI.
The County does not guarantee the accuracy or timeliness of
the information contained in SETCIC and in the event of mistake or
inaccuracy, the County shall bear no liability. Further, the
Participating Agency agrees to verify the accuracy of the records
with the office of the appropriate law enforcement agency which has
SETCIC--SA Full, p. 3
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in its possession the original warrants of arrest. FAILURE TO
VERIFY WITH EACH LAW ENFORCEMENT AGENCY PRIOR TO THE EXECUTION OF
THE WARRANT OF ARREST SHALL BE GROUNDS FOR TERMINATION OF THIS
AGREEMENT. Further, such fai lure shall relieve the County of any
and all liability which may arise as the result of an inaccurate
and/or incomplete record.
VII.
The Participating Agency hereby agrees that the Participating
Agency is responsible for the acts or failure to act of its
employees, agents or servants in regard to any use (authorized or
unauthorized) of the Participating Agency's terminal and/or printer
by the Participating Agency or any person; provided however, such
responsibility shall be subject to the terms, provisions and
limi tations of the Constitution and laws of the State of Texas,
particularly the Texas Tort Claims Act.
VIII.
The Participating Agency agrees to keep the Participating
Agency's terminal and printer functioning at an acceptable level as
determined by the County so as not to interfere with SETCIC.
Failure to do so shall be grounds for termination.
IX.
The County reserves the right to terminate this Agreement
immediately in the event of any or all of the following:
A. Use of the Participating Agency's computer
terminal and/or printer to obtain
information from SETCIC by any person who
has not been assigned a password, or
otherwise authorized, by JIMS;
B. Any attempt to gain access to information
in SETCIC which is not authorized by JIMS;
C. The event that the computer capac i ty of
SETCIC is inadequate to meet the computer
needs of both the County and the
Participating Agency and that such
condition continues for a period of thirty
(30) days;
D. ViOlation of the rules, regulations,
pOlicies and/or procedures established by
the JIMS Executive Board (Attachment A);
SETCIC--SA Full, p. 4
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E. Fai lure to rend t, upon execution of this
Agreement, the annual and/or monthly usage
fees- wi thin thirty (30) days of issuance
of invoice of charges.
X.
The county reserves the right to modify or delete County
information contained in SETCIC and that which is available to the
Participating Agency and/or to change the transaction codes and
programs from time to time. Prior to any change affecting the
Participating Agency the County shall give written notification to
the Director of the law enforcement branch of the Participating
Agency of any such change not le~s than ten (iO) days before said
change shall become effective.
XI.
All notices and communications under this Agreement may be
mailed by certified mail, return receipt requested, or hand
delivered, to the PartiGipating Agency at the following address:
La Porte Police Department
915 South 8th Street,
La Porte, Texas 77571
ATTENTION: W. Elaine Bonner, Admi. Assistant
All notices and communications under this Agreement may be
mailed by certified mail, return receipt requested, or hand
delivered to the county at the following address:
Harris County
Justice Information Management System
406 Caroline, 4th Floor
Houston, Texas 77002
ATTENTION: Jimmy Ray, Director
Notices mailed as above shall be deemed given and completed on the
day of deposit in the United States mail.
XII.
This Agreement shall not become effective until it is signed
by both the County and the Participating Agency and approved by the
County's Director of JIMS by signing below the word "Approved"
below the signature line for the County and the Participating
Agency.
SETCIC--SA Full, p. 5
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XIII.
This ir.strument contains the entire Agreement between the
parties relating to the rights herein granted and the obligations
herein assumed. Any oral representations or modi f icat ions
concerning this Agreement shall be of no force or effect excepting
a subsequent modification in writing signed by all parties hereto.
EXECUTED
'~~A.
in duplicate originals on this the ~ day of
, 1987.
APPROVED AS TO FORM:
MIKE DRISCOLL
County Attorney
Byef/s. Z~
Assistant County Attorney
HARRIS COUNTY
By
JO
udge
~
ATTEST:
CITY OF LA PORTE
[Participating Agency]
By:
Secretary
Title:
APPROVED AS TO FORM:
Approved:
City Attorney for the City
of La Porte
SETCIC--SA Full, p. 6
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ATTACHMENT "A"
SETCIC - PHASE I
POLICIES
I. DEFINITIONS
A. Harris County Agency(ies) or Harris County Funded
Agency(ies)
Refers to agency (ies) wi thin the Harr,is County govern-
ment structure and/or funded through the Harris County
Commissioners Court, i. e."
Harris County
Harris County
Harris County
Harriq .County
Harris County
Harris County
Harris County
Harris County
Harris County
Harris County
Sheriff's Office
District Attorney
Constable
Constable
Constable
Constable
Constable
Constable
Constable
Constable
- Precinct 1
Precinct 2
Precinct 3
Precinct 4
Precinct 5
Precinct 6
Precinct 7
Precinct 8
B. Non-Harris County Agency(ies) or Non-County Agency(ies)
Refers to a pOlitical body not within the Harris County
government structure and or funded through the Harris
County Commissioners' Court, i.e.,
Deer Park Police Department
Katy Police Department
U.S. Marshall's Office
Galveston County Sheriff's Department
Texas Department of Public Safety
C. FUll-Service Participants
Refers to duly contracted agency having paid all of the
required annual and monthly fees, allowed access to all
SETCIC systems and files, with updated and inquiry
capabilities.
D. Inquiry-Only Participants
Refers to all agencies allowed access to selected SETCIC
systems and files with query and no update funct ions,
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upon execution of a user agreement with approval of the
JIMS Executive Board.
II. GENERAL
A. All policies, procedures, and standards will be
derived, issued and enforced by the Harris County
Justice Information Management System (JIMS) Executive
Board.
B. Agencies wishing access to SETCIC will apply to the
JIMS Executive Board for approval and subsequent
contract agreement with the Harris County Commissioners
Court.
C. Fai lure of any participant to comply with established
policies and procedures will result in in~ediate
cessation of services and purge of all records from the
data base.
D. All non-Harris County participants will access SETCIC
via DPS 7lustin Swi tcher using existing telecommunica-
tions faci li ties unless approved 3270-type devices or
computer-to-computer interfaces already exist or are
implemented using direct user funded data lines and
equipment.
E. Data integrity and control will be the responsibility
of the agency initially entering the data.
F. File/record certification/validation procedures will be
established regarding periodic file purges, requiring
authorized signatures of agency heads for certain data
retention.
G. Full-service participants will be assessed an annual
user fee established by the Executive Board.
H. Full-service participants will be billed on a monthly
basis an amount determined by a fixed formula based
upon warrants served.
I. All entries/inquiries will be automatically logged for
billing and auditing purposes.
J. The JIMS Executive Board may modify these pOlicies at
any time without prior notice given.
K. All reasonable attempts will be made to provide SETCIC
user access twenty-four (24) hours per day, seven (7)
days per week.
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L. Scheduled hardware down-time will occur weekly for file
reorganization based upon a day and time determined to
have minimal impact on the user base.
M. Down-time scheduled outside the normal weekly file re-
organizations and unscheduled (emergency) down-time of
an appropriate nature of a period determined in advance
to exceed one (1) hour will result in system services
being resumed on the back-up computer exclusively upon
approval of persons named by the Executive Board and
dependent upon the avai labi 1 i ty of the back-up
computer.
N. Until and unless the back-up computer is made totally
dedicated to justice sy~tems, no NCIC inquiries can be
made using direct connected terminals.
o. Participating agencies not funded by Harris County may
not access TCIC/NCIC via the SETCIC computer system.
P. Any time~ ~he SETCIC and/or back-up computers are
unavailable for usage, automatic responses will be
issued to in-coming requests indicating said condition.
Q. Non-Harris County funded agencies will hold persons
arrested on other agency warrants for a period not to
exceed eight (8) hours after verification of warrant
validity and notifying originating agency that person
is in hand.
R. Non-Harris County funded agencies will allow Harris
County agencies to place persons arrested on a third
agency's warrant in their jail facility after
verification of warrant validity and notification of
originating agency that person is in hand.
S. Non-Harris County funded agencies arresting a person on
a Harris County warrant will upon verification of
warrant validity and notification of appropriate county
agency either:
1. Deliver the person to the downtown jail.
2. Deli ver the person to nearest Harris County
j ai 1.
3. Deliver the person to County personnel at a
place and time agreed upon by both parties.
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T. Harris County agencies arresting a person on a non-
county agency warrant will upon verification of warrant
vaildity and notification or originating agency either:
1. Deliver the person to originating agency
personnel at a place and time agreed upon by
both parties.
2.
Deliver the person to the jail
the nearest participating
originating agency pick up.
facility of
agency for
III. OPERATIONAI..
A. Update and inquiry formats and data content for stand-
alone TLETS connected ,devices will be as nearly
identical to existing TCIC/NCIC as possible to
facilitate entry/inquiry to SETCIC, TCIC, NCIC in
single operations from the user terminal.
B. Data elemeDts, edit and verifications criteria will be
identical "to those used in TCIC/NCIC except where
SETCIC requirements dictate data or edits beyond those
required by TCIC/NCIC. In such cases, SETCIC edit and
verification criteria will prevail.
C. HarrisCourtty in-house terminals can access SETCIC with
normal transaction processing methods, i.e., 3270-type
protoco 1.
D. Sheriff's/Constable's office warrant system processing
procedures should not change as a result of
implementation of SETCIC. Update of SETCIC wi 11 be
automatic with warrant acknowledgement/execution.
E. Periodic reports will be provided indicating error
condi tions and records eligible for purge based upon
age or other qualification established by Executive
Board policy.
F. Positive action in the form of record modification to a
verification field will be required to retain records
marked for automatic purge.
G. Each warrant entered will be assigned a unique SETCIC
Identifier (SID) for future record manipulations.
H. Records wi 11 be stored in a keyed sequence of the
assigned SETCIC identification number, unique per
record. This is required data on all records
create/update operations.
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I. Cross-references will be maintained using driver's
license number, soc ial security number', alien
registration number and JIMS SPN when available or
other identifiers.
J. Inquiries into the system can be made by name with or
without identifiers, by SETCIC ID number, or by
existing cross-reference numbers.
K. Inquiry can be made using partial key data for a return
of possible matches. This list would then be used to
determine the actual key to be used.
L.
Record retrieval
SETCIC ID number
date of birth and:
for update purposes will require
or exact match of name, race, sex,
1. Entry Agency Identifier
2. Offense Classification
M. Initial w~rrant entry into system will require as
minimum data:
1. Entry Agency Identifier (ORI)
2. Name
3. Race
4. Sex
5. Date of Birth
6. Offense
7. Date of Warrant
8. At least one of the following:
a. TDL number
b. Social Security number
c. Official DPS ID number
d. Alien Registration number
e. Others
N. Upon positive response from SETCIC Inquiry, requesting
agency must immediately confirm with the originating
agency that the warrant is valid and in force.
IV. SECURITY
A. Access to SETCIC files and functions will be limited to
authorized agencies.
B. Agency identifier will be the TCIC originating agency
identifier.
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C. JIMS staff will operationally maintain any security
fi les, programs and reports under the control of the
Executive Board.
D. Agencies will be allowed inquiry, update, or both
functions based upon approval of the Executive Board
only and upon execution of an approved contract with
Harris County. security profiles will be established
and maintained to disallow unauthorized activity.
E. sanctions regarding security violations or attempted
unauthorized activity will be established and enforced
by the Executive Board and may include removal of the
participating agency from access of SETCIC.
F. All entries/inquiries will be automatically logged for
security auditing purposes. Information captured will
include but not be limited to:
1. Agency identifier
2. Operatipn
3. selection information supplied
4. Hit/no-hit information
5. Security breach attempt indicator
6. Date/time
G. No access. to tlle fi les and/or records of the Harris
County JIMS Criminal or Civil applications will be
allowed via the State network unless specificallY
approved by the JIMS Executive Board.
H. Necessary system software and file implementation,
maintenance, and monitoring wi 11 be performed by the
personnel of the Central Data Processing Department
Technical Systems Group under specific contract or
agreement with the JIMS Executive Board and
Commissioners Court.
1.
Hardware housed within the Central
facility will be secured under
aforementioned contract or agreement.
Data Processing
terms of the
J.
No "dial-up"
permitted.
telecommunications
access
will
be
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ATTACHMENT "B"
SETCIC - PHASE I
FEES
1. Annual participation fee of $3,000.00 if an agency enters
its warrants.
2. Service fee of $.20 per warrant entered during the monthly
period.
3. Monthly service fee of $3.00 per warrant located. (A located
warrant is a warrant entered by Agency A but Agency B
apprehends defendant, verifys warrant and enters a locate.)
The annual fees are returned to the Harris County General Fund
and the monthly fees are placed in a special purpose account
of the JIMS Department budget for exclusive use of hardware
upgrades.
4. No annual fee for inquiry only.
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ORDER AUTHORIZING EXECUTION OF SETCIC
CONTRACT BETWEEN HARRIS COUNTY AND
THE CITY OF LA PORTE
THE STATE OF TEXAS
COUNTY OF HARRIS
On thi~ the
(X l\.0- day 0 f ry\A,,-),v~.L.~'\., I 987, the
Commissioners Court of Harris County, Texas, being duly convened at
a regular meeting of the Court, upon motion of Commissioner
k
seconded by Commissioner
~~u l/)
duly
put and carried,
~ .
It is ORDERED that County Judge Jon Lindsay be, and he is
hereby authorized to execute an agreement for the services of
SETCIC, between Harris County and the City of La porte, said -
Agreement being incorporated herein by reference for all purposes
as though fully set forth word for word.
Presented To
COMMISSIONERS COURT
NOV 24 1987
DA TE.___________________
Recorded Vol.____Page_
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Requested By: Joel H.
September 12, 1q88
AlbreCh~a Department:
Resolution
Comm. Dev.
x Repo rt
Ordinance
Exhibits:
1) Proposal from Builders Construction Inc.
2) Submittal from Texas Air Control
SUMMARY & RECOMMENDATION
The specifications for the Bay Forest Golf Course Clubhouse
included the Vent System for the kitchen but not the Hood and Fire
Suppression System, since it was not determined what equipment
would be required by the City for the Concessionaire.
A Vent Hood and Dry Powder Extinguishing System is required
for the kitchen facility at the Golf Course Clubhouse. The cost
of the change order is as follows:"
Vent Hood
Dry Powder System
SUBTOTAL
10% Contractor Mark Up
TOTAL
$3,574.00
1,i50.00
4,924.00
4Q2.40
$5,416.40
Fund 005-800-800 for the Golf Cou rse const ruction included
$3,000.00 for.the. Vent Hood & Fire Suppression System in the
miscellaneous account and also included.$7,500.00 in the Clubhouse
contingency account for early completion. The $7,500.00 will not
be needed and $2,416.40 can be redirected to cover the increased
cost of the Vent. Hood and Fire Suppression System.
The vent hood and fire suppression system has been reviewed
and appr'oved by the Fire Marshal's Office.
STAFF RECOMMENDATION:
Staff recommends acceptance of the change order in the amount
of $5,416.40.
Action Required by Council:
Approve Change Order
Availability of Funds:
x
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
Funds Available: 1- YES __ NO
ADDroved for City Council Agenda
n.n ..L .r
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Robert T. Herrera
City Manager
q-'6~~
DATE
;.,(~;1'";,~:-=<,~",:~~,,\,:'r'{1:"'~-'4~~~~!:"/~".> '::~.,;.i.~..p.l};'"":'~~>r~"ryi~~';.ra-~~'Hlf:~)Ii':.";;-",~,,_~''';~~.~~~:::-;~~.i~~.~-:-~-~f},,.,..._'-
&elders Construction ..
10230 Hwy. 3
Houston, Texas 77034
(713) 771-5639
September 06, 1988
Change Order for the City of La Porte Bay Forest Clubhouse
A Vent Hood and Dry Powder Extinguishing System is needed
for the Kitchen Facility at the Golf Course Clubhouse. The
Cost of the Change Order is as follows:
Vent Hood
$3,574.00
1,350.00
4,924.00
492.40
$5,416.40
Dry Powder System
SubTotal
10% Contractor Mark Up
Total
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CHANGE ORDER
Dated . ~~!9?(?~....,.
OWNER's Project No,
ENGINEER's Project No.
1043
Project ,~8;y' .~o.r:~s.t. .Gp.l.f. .Cp~!:'l~. 9~!>~?~~~. , . . . . . . . . .
CONTRACTOR. . . ~~~~~er~ Construction", Inc. .
... ..........................................................................................................................
Contract For . . . . , ~~~~~?'!~7 . . . .. . . . . . . . . . . . ,
May 24, 1988
Contract Date ...,.......,..................
To:
Builders Construction, Inc.
. .. .. .. .. .. .. .... .. .... .. .. .. .. .... .. ...... .... .. .. .. .. .. .. .. .. .. .. ...... .. .... .. .. .... .... ........ .... .. ...... .. .. .. ...... .. .... .... .. ...... .. .... .... .. .. .. ..
CONTRACTOR
You are direct'ed to ~ake the changes noted below in the subject Contract:
. . . . . .1;~~ .G~t.Y. .o.i. .L.a. .P.o.r.t.e. . , . . . . . . . . . . ,
O.....NER
By
.. .. .. .. .. .. .. .. ........ .. .. .. .. .. .. .. .. .. .. .... .. .. .... ...... .. .. .. .. ..
Dated ........................19,.......
r\ature of the Changes
Vent Hood
Dry Powder System
SUBTOTAL
10% Contractor Mark Up
TOTAL
$ 3,574.00
1,350.00
4,924.00
492.40
$ 5,416.40
Enclosures:
These changes result in the following adjustment of Contract Price and Contract Time:
Contract Price Prior to This Change Order
$
. .. .~~~,.~~~..qq . . . . , . . . .
5,416.40
.... .... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
Net (Increase) (Decrease) Resulting from this Change Order
s
CUI/cnt Contract Price Including This Change Order
s
... .~~~~~~~',~~,........
~5PE.ACEC ) 9 I O~-B (1978 Edition)
€) I Q78. Si,...r..! SOd"} of
PI Clf~HI(}~.f E ~.;lr.tttS
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Contract Time Prior to This Change Order, . . . , , . . . . . , . . . . . . . . . . . . . . . . . . . . 0 ~?go . . . . . . . . . 0 . 0 . , . , . ,
(Days or Dale)
Net (Increase) (Decrease) Resulting from This Change Order - . . . . 0 0 . . . . . , . . . . . 0 . . . ? 0 . . . . . . . 0 . . . . :. . , . .
(Days)
Current Contract Time Including This Change Order. 0 . . . . . . . . . . . . . . . . . . . 0 0 . . . ~?9. 0 . . . . . . . . . . 0 . . . . . .
(Days or Dale) ,-
The Above Changes Are Approved:
, . . . :r,hoe. .C.i.ty. Pof. J..fI.. pprt:~. . . . . 0 . . . . . . . . . .
By ._.. 0.............. 0..................
Date. . 0 . . . . . 0 0 . . . , 0 . . . . . , 0 0 . 0 . 00 .19.. 0 0 0
The Above Changes Are Accepted:
.. .. .. .. .... .. .... .. .... .... ...... .. ........ ...... .... ........ .......... ........
CONTRACTOR
By............. 0.......................
Date 0 . . . . . . . . . , . . . . . 0 , o. . , . . 0 0 . 0 .19... o.
TEXAS AI R
CONTROL
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1813 LUZON. HOUSTON, TEXAS 77009 . (713) 227.4222
August 8, 1988
Builders Constructors
10230 Highway 3
Houston. Texas 77034
0'
Re; Bay Forest Gulf & Clubhouse
Dear Sirs;
Teaxs Air Control request a change order per your request, to supply a kitchen hood
on formention project. The kitchen hood is to be 7'x4'x30" constructed of stainless
steel. The cost for this hood is $3,574.00.
Respecfu11y.
. ~~=:.~~
Vice pr~~nt
AIR CONDITIONING . HEATING . REFRIGERATION
TEXAS AI R
CONTROL
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1813 LUZON. HOUSTON, TEXAS 77009 . (713) 227.4222
September 8, 1988
H.V.A.C. SUBMITTAL
PRQJECT:
LA IDRTE' S an. Y FOREST GOLF CLUBlDUSE
LA IDRTE, 'IEXAS
AOCHI'IECT:
REY DE LA REZA AlA - ARCHITECTS
1245 west 18th Street
Houston, Texas 77008
(713) 868-3121
MEX:HANlCAL ENGINEER:
MNM Engineering Associates, Inc.
1027 Tulane
Houston, Texas 77008
(713) 863-1400
GENERAL CONTRACTOR:
BUILDERS CONSTRUCTORS
10230 Highway 3
Houston, Texas 77034
(713) 771-5639
-
MEX:HANlCAL CUITRACTOR:
'IEXAS AIR CONTROL
1813 Luzon
Houston, Texas 77009
(713) 227-4222
, Gentlemen:
Texas Air Control has reviewed the following submittals for verification of field
measurements and general corrpliance with the contract documents and certify as
such.
Respectfully submitted,
George ~
Vice Pre . ent
GB/rm
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AIR CONDITIONING . HEATING . REFRIGERATION
. .
ASSOCIATED FIRE & SAFETY, INC.
e
2108 LOU ELLEN
HOUSTON, TEXAS 77018
(713) 682-9903
August 31, 1988
Texas Air Control
1813 Luzon
Houston, Texas 77003
Attention: Mr. George Bally
Subject: Hood and Duct Fire Protection Eqmipment
Dear Mr. Bally;
In response to your request, Associated Fire and Safety,Inc. shall
furnish equipment for a 7'-4- x 3' hood with (1) exhaust duct. The
hood covers (1) stove, (1) grill, and (1) deep fryer. We shall pro-
vide one (1) Automatic Dry Chemical Fire Equipment System, Pre-
engineered. The system is manufactured by Fire Systems, Inc. and
equipment is Underwriter Laboratory listed for commercial kitchen
systems.
e
The system is sized according to the dimensions of the hazard (hood,
plenum, duct, and cooking appliance) and in strict accordance with
the Fire Systems, Inc. Applications Design and Installation Manual.
The installation shall also conform to the requirements of the National
Fire Protection Association Standard No. 17 and No. 96 and all Appli-
cable State and Local Codes.
Distribution of the dry chemical agent is to be by means of standard
weight, schedule 40 galvanized hot dipped steel pipe and fittings,.
Distribution, pressure and flow of agent will be accomplished
through the pre-calculated Fire Systems, Inc. design criteria.
Material List
I-lOlb. System
4-Nozzles
3-Fusible Link Assy.
1- Gas Valve (to be installed by plumber)
I-Micro Switch to shut down exhaust fan.
I-Lot labor
An acceptance test shall be scheduled with both an authorized repre-
sentative of the purchaser and the local authority having jurisdiction.
e
Thank you for your time and consideration. If you have any questions
or' need additional information, please call me at (713) 682-9999.
Very truly yours;
;Jill ~
Bill Folsom
Systems Manager
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By:
Steve
Public Works
Agenda Date Requested:
x
Report
Resolution
Ordinance
Exhibits: 1. Bid Recap for Sealed Bids *0267 - Tank Demolition.
2. Recommendation Memorandum from Steve Gillett.
SUMMARY & RECOMMENDATION
Advertised, sealed bids *0267 for the demolition of tanks located
at the former Collegeview Sewer Treatment Plant and at the Spenwick
Well site were opened and read on August 22, 1988. Bid requests
were mailed to six (6) demolishing companies with five (5) returning
bids.
Bay Services Company's proposal to demolish all three (3) tanks,
haul off the steel, and pay the City $lO.OO per gross ton for the
steel appears to be the most advantageous for the City. Steel weights
will be certified by scale tickets. Estimated return to the City
will be $700.00.
Staff recommends award of bid for demolition of three (3) tanks
to Bay Services Company.
Action Required by Council:
Award bid for demolition of three (3) tanks, hauling off of steel and
payment to the City of $10.00 per gross ton of steel to Bay Services
Company.
Availability of Funds:
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
Funds Available:
YES
NO
@:id;r CnCll
obert T. Herrera
City Manager
Agenda
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CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
TO:
LOfiS ~~~rchasing Manager
St~~ Publics Works Director
Au ust 29, 1988
FROM:
DATE:
SUBJECT:
Tank Demolition
After reviewing the bid tabulation for sealed bid #0267 - Tank
Demolition, Public Works, concurs in the selection of Bay Services
Company's proposal of paying the City ten dollars ($10.00) per gross
ton of steel in demolition of the tanks. It appears to be the most
advantageous to the City of the five proposals returned.
Please prepare a contract with Bay Services quoting their stated
terms. Should you require assistance or further information, please
contact me.
Thanks.
SG/ke
xc: John Joerns, Assistant City Manager
Curtis Herrod, Utility Superintendent
, .
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CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
AUGUST 25,1988
TO:
Steve Gillett, Director
Louis Rigby, Purchasing
Sealed Bid 10261 - Tank
of PUblipJ)orks
Manage~~
Demolition \
FROM:
SUBJECT:
Advertised, sealed bids '0261 for tank demolition were opened
and read on August 22, 1988. Bid requests were mailed to six
demolishing companies with the following five returning bids: 1)
Bay Services Company, 2) Proto Texas, 3) Proler International, 4)
McKey Construction and 5) Olshan Demolishing.
Bay Services Company bid to demolish all three tanks, haul
off the steel and pay the city $10 per gross ton for the steel.
The weight will be certified by scale tickets. The other
companies bid different options but it appears that Bay Services
would have the best deal for the City.
If this meets with your approval please notify me in writing
so that I can prepare a contract. I spoke with the City Attorney
and since there is no expenditure on the City's part, this will
not need to go before council.
LR/gr
Attachment: Bid Tabulation
xc: ;BUddY Jacobs, w/attachment
Curtis Herrod, w/attachment
.... ..
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SEALED BID #0267
TANI.( DEMOLITION
BAY
SERVICES
COMPANY
PROTO
TEXAS
McKEY OLSHAN
ONSTRUCTION DEMOLISHING
L 30.000 GALLON WELDED STEEL
*
**
***
5 000.00
6.500.00
2. . 3.000 GALLON PRESSURE
*
**
***
2 000.00
1,500.00 .
3. 350.000 GALLON WELDED STEEL
*
**
***
11 000.00 11,500.00
* BAY SERVICES WILL PAY THE CITY OF LA PORTE $10.00 PER GROSS TON: TONNAGE TO BE CERTIFIED
WITH SCALE TICKETS. ESTIMATED 70 GROSS TONS.
** PROTO TEXAS WILL PAY THE CITY OF LA PORTE $1. 00 PER TANK.
*** PROLER INTERNATIONAL WILL DEMOLISH AND KEEP ALL THREE TANKS FOR $2,528.00. THEY
BID AS AN ALTERNATE TO DEMOLISH AND REMOVE TANKS AT NO COST TO THE CITY IF THE CITY
MAKES AVAILABLE A CASE 580 BACKHOE.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Report
12, 1988
Agenda Date Requested:
Requested By:
Public Works
x
Resolution
Ordinance
Exhibits: 1. Bid Recap Sealed Bid #0268
2. Recommendation from Buddy Jacobs
SUMMARY & RECOMMENDATION
Advertised, sealed bids #0268 for supply of polymer to the Wastewater
Treatment Plant were opened and ~ead on August 29, 1988. Bid requests
were mailed to six (6) suppliers with three (3) returning bids.
Suppliers were required to submit the product being bid to field
trials using that product. The trials were conducted by City
personnel and observed by the supplier's representative. These tests
determined the amount of each polymer needed to press one dry ton
of sludge. The results of the tests were used as a weighted bid
factor to determine the cost of polymer per dry ton of sludge
pressed. The apparent low bidder, Van Waters & Rogers, cost per
dry ton was $9.92. The product bid by Maintenance Engineering had
a cost per dry ton of $8.82, a difference of $1.10 per dry ton of
sludge pressed. Estimated yearly cost of polymer is $15,120.00.
Staff recommends award of bid to Maintenance Engineering based on
the lower cost per dry ton of sludge pressed.
Action Required by Council:
Award bid to Maintenance Engineering for supply of polymer based on
the lower cost per dry ton of sludge pressed.
Availability of Funds:
General Fund
Capital Improvement
Other
x
Water/Wastewater
General Revenue Sharing
Account Number: 002-807-807-207
Funds Available: X YES
NO
Approved for City Council Agenda
~~~~~
Robert T. Herrera
City Manaser
~-~.~
DATE
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CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
e
DATE:
September 2, 1988
TO:
Steve Gillett, Public Works Director
gu."L ::1....;:::;- .)/4-/1' ~_
Buddy 'Jacobs, Assistant Public Works Director
FROM:
SUBJECT:
Bid Recommendation-Polymer
All bidders for the annual contract to supply polymer for the
dewatering operations at the Wastewater Treatment Plant were required
to conduct field trials on the product they wished to bid. The field
trials were identical for all suppliers.
Each supplier was requested to provide any equipment needed to feed
their product (other than City equipment already in place) and were
invited to inspect all City equipment for proper operation and
cleanliness. They were allowed to observe and to make recommendations
concerning the conduction of the field trial on their product.
A performance weighted bid factor was calculated for each polymer
tested. This was calculated by multiplying the average polymer dosage
in Ibs/dry ton by the bid price per pound of polymer to arrive at a
cost per dry ton of sludge pressed ( Ibs/dry ton X bid price, $/lb
polymer = cost/dry ton dewatered). When the bids for the supply of
polymer were opened, the bid price of each supplier was inserted in
their respective field test results to arrive at the actual cost for
polymer to dewater a dry ton of sludge.
Although the bid price per pound of polymer submitted by Maintenance
Engineering was the highest, the actual cost of dewatering a dry ton of
sludge was the lowest for their product. A smaller dosage of polymer
was needed per application to dewater a dry ton of sludge. Results of
the tests are as follows:
SUPPLIER AVG POLYMER PRICE PER COST PER
DOSAGE (LBS) X POUND = DRY TON
Maintenance Eng. 4.20 Ibs X $2.10 = $8.82
Water Chern 4.56 Ibs X $2.05 = $9.35
Van Waters & Rogers 5.04 Ibs X $1.9665 = $9.92
The difference in cost per dry ton of sludge dewatered is $1.10 between
the polymer submitted by Maintenance Engineering and the apparent low
bid submitted by Van Waters & Rogers. It is recommended that the bid
for polymer supply be awarded to Maintenance Engineering.
xc: Curtis Herrod, Utility Superintendent
Louis Rigby, Purchasing Manager
~
e CITY OF LA PORTE e
INTER-OFFICE MEMORANDUM
AUGUST 30,1988
TO:
Steve Gillett, Director of Public Works
Louis Rigby, Purchasing Manag~~
Sealed Bid #0268 - Polymer
FROM:
SUBJECT:
Advertised, sealed bids #0268 for polymer were opened and
read on August 29, 1988. Bid requests were mailed to six
suppliers with the following three returning bids: 1) Maintenance
Engineering, 2) Water Chern, and 3) Van Waters and Rogers.
Bidders were asked to submit to field
plant to determine the dosage required per
sludge. The formula used to determine low
Polymer Dosage, in pounds, per dry ton X
Polymer = Dewatering Cost Per Dry Ton.
trials at the treatment
dry ton to dewater the
bid was: Average
Bid Price Per Pound of
Although Maintenance Engineering submitted the highest cost
per pound at $2.10/pound, their average dosage was the lowest
submitted at 4.20 pounds. This calculates to be the low bid at
$8.82 per dry ton. Estimated needs for the year are 7,200 pounds
of polymer for an estimated yearly cost of $15,120.00
Please submit your recommendation with an agenda request form
by the prescribed time before the next regular council meeting.
If there is a need to delay bringing this before council, please
notify me.
LR/gr
Attachment:
Bid Tabulation
xc: Buddy Jacobs, w/ attachment
Curtis Herrod, w/ attachment
..
.
SEALED BID 110268
POLYMER INTENANCE WATER VAN WATERS
ENGINEERING CHEM & ROGERS
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MAGNIFLOC PERCOL STOCKHAUSEN
1. PRODUCT X-104 787 650 BC
2. AVERAGE POLYMER DOSAGE (LBS.) 4.20 4.56 5.04
3. PRICE PER POUND 2.10 2.05 1.9665
4. COST PER DRY TON (DOSAGE X PRICE) 8.82 9.35 9.92
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Requested By:
Steve
88
Public Works
x
Report
Resolution
Ordinance
Exhibits:
Bid recap sealed big io269
SUMMARY & RECOMMENDATION
Advertised, sealed bids #0269 for lime slurry were opened and read
on August 29, 1988. Bid requests were mailed to three (3) area
suppliers with all returning bids.
Low bid was Chemline, the current supplier, at a cost of $70.50
per ton. This price is the same as the current contract price.
Based on estimated usage the yearly cost would be $35,250.00.
Staff recommends acceptance of the low bid meeting specifications,
Chemline, for the supply of lime slurry at a cost of $70.50 per ton.
Action Required by Council:
Award bid to the low bidder meeting specifications, Chemline
Corporation, for the supply of lime slurry at a contract price of
$70.50 per ton.
Availability of Funds:
x
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number: 001-700-701-829
Funds Available: X YES
NO
Approved for City Council Agenda
~~t 'G b\u~~
obert T. Herrera
City Manager
~-Co~
DATE
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CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
AUGUST 30,1988
SUBJECT:
Sealed Bid #0269 - Lime
of Public Works
Manage#t\
Slurry
TO:
Steve Gillett, Director
FROM:
Louis Rigby, Purchasing
Advertised, sealed bids #0269 for lime slurry were opened and
read on August 29, 1988. Bid requests were mailed to three area
suppliers with all three returning bids: 1) Chemline, 2) Limeco,
and 3) Texas Lime Company.
Low bid was submitted by Chemline, our current supplier.
Their price of $70.50 per ton is the same as our current contract.
Based on estimated usage the yearly cost would be $35,250.00.
Please submit your recommendation with an agenda request form
by the prescribed time before the next regular council meeting.
If there is a need to delay bringing this before council, please
notify me.
LR/gr
Attachment:
Bid Tabulation
xc: Buddy Jacobs, w/ attachment
Orville Burgess, w/ attachment
, .
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SEALED BID 110269
LIME SLURRY CHEMLINE LIMECO TEXAS LIME
COMPANY
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1. LIME SLURRY - DELIVERED - PER TON 70.50 73.50 145.92
2. ESTIMATED TONS PER YEAR 500 500 500
3. TOTAL 35,250.00 36,750.00 72,960'.00
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REQUEST FOR CITY COUNCIL AGENDA ITEM
x
1988
epartment:
Resolution
Public Works
Requested By: steve
Report
Ordinance
Exhibits: Bid Recap Sealed Bid #0270
SUMMARY & RECOMMENDATION
Advertised, sealed bids #0270 for flexible base (crushed limestone)
were opened and read on August 2~, 1988. Bid requests were mailed
to eleven (11) area suppliers with four (4) returning bids.
Low bid meeting specifications was submitted by Parker Brothers
at $10.90 per ton delivered. The bid submitted by Gulf States
Materials was for Calcium ~ulfate and did not meet specifications.
Based on estimated quantities, the yearly cost would be $294,375.00.
Staff recommends award of bid to Parker Brothers for flexible base
(crushed limestone) at $10.90 per ton delivered.
Staff recommends award of a contingency contract to Gulf Coast
Limestone at $11.24 per ton delivered.
Action Required by Council:
Award bid to low bidder meeting specifications, Parker Brothers, for
the supply of flexible base (crushed limestone) at $10.90 per ton
delivered with a contingency contract to Gulf Coast Limestone at $11.24
per ton delivered.
Availability of Funds:
x
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number: 00l-700-70'-d'~
Funds Available:
X YES
NO
Approved for City Council Agenda
Q~ ~ ~~
Robert T. Herrera
City Manager
q-~~~~
DATE
e CITY OF LA PORTE
INTER-OFFICE MEMORANDUM e
AUGUST 31, 1988
TO:
Steve Gillett, Director of PUbli:tp~rks
Louis Rigby, Purchasing Manager~~
Sealed Bid #0270 - Flexible Base
FROM:
SUBJECT:
Advertised, sealed bids #0270 for flexible base (crushed
stone) were opened and read on August 29, 1988. Bid requests were
mailed to eleven area suppliers with the following four returning
bids: 1) Gulf Coast Limestone, 2) Parker Brothers, 3) Southwest
Limestone and 4) Gulf States Materials.
Low bid was submitted by Gulf States Materials, however, they
bid calcium sulfate. Low bid meeting specifications was submitted
by Parker Brothers at $8.75 per ton picked up and $10.90 per ton
delivered. Based on estimated quantities the total cost to the
city would be $294,375.00.
Please submit your recommendation with an agenda request form
by the prescribed time before the next regular council meeting.
If there is a need to delay bringing this before council, please
notify me.
LR/gr
Attachment:
Bid Tabulation
xc: Buddy Jacobs, w/ attachment
Orville Burgess, w/ attachment
..
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SEALED BID 110270
FLEXIBLE BASE
(CRUSHED STONE)
PARKER
BROTHERS
\ \
\ \
\ \ \
\ SOUTHWEST hULF STATES \
\ LIMESTONE \ MATERIALS \
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\ GULF COAST \
\ LIMESTONE \
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CURRENT .
CONTRACT ':
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1. PRICE PER TON q (,,4 8.75 9.15 7.75 * 8.75
(PICKED UP)
2. PRICE PER TON 11.24 10.90 TRLS 11. 25 9.81 BT 10.89
(DELIVERED) 9.18 TRLS
* CALCIUM SULFATE
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Requested By: Steve
xx
Report
88
Public Works
Resolution
Ordinance
Exhibits: Bid recap sealed bid #0271 reinforced concrete pipe
SUMMARY & RECOMMENDATION
Advertised, sealed bids for reinforced concrete pipe were opened and
read on August 29, 1988. Bid req~est were mailed to four (4) area
suppliers with all returning bids.
Low bid meeting specifications for items #1 and 2, reinforced concrete
pipe and concrete bricks wa~ submitted by Concrete Pipe and Products.
Annual estimated usage is $38,316.00 for these items.
Low bid meeting specifications on items #3, 4, 5 and 6, Mastic Pipe
Compound, Inlet Saddle, Catch Basin, and Cast Iron Grate was Jerry
McKinley Concrete Pipe Co. Annual estimated usage is $4,353.00 for
these items.
Staff recommends award of bid to low bidder meeting specifications for
items #1 and 2, Concrete Pipe and Products. It is further recommended
a contingency contract be awarded to Gifford-Hill and Co. for item #1,
Reinforced Concrete Pipe.
Staff recommends award of bid for items #3, 4, 5, and 6 to the low
bidder meeting specifications, Jerry McKinley Concrete Pipe Co.
Action Required by Council:
Award bid for items #1 and 2 to low bidder meeting specifications,
Concrete Pipe and Products.
Award contingency contract for item #1 to Gifford-Hill and Co.
Award bid for items #3, 4, 5, and 6 to low bidder meeting specifications,
Jerry McKinley Concrete Pipe Co.
Availability of Funds:
xx General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number: 001-700-701-415 Funds Available: X YES NO
~~oved r:- C1~t:::l Agenda
~ l. , --'
o er T. Herrera
City Manager
l{-fc- ~
DATE
"
e CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
AUGUST 31,1988
e
TO:
Steve Gillett, Director of Public Works
Louis Rigby, Purchasing Manager~~
Sealed Bid #0271 - Reinforced Concrete Pipe
FROM:
SUBJECT:
Advertised, sealed bids #0271 for reinforced concrete pipe
were opened and read on August 29, 1988. Bid requests were mailed
to four area suppliers with the following returning bids: 1) Bay
Concrete Products, 2) Jerry McKinley Concrete Pipe, 3)
Gifford-Hill, and 4) Concrete Pipe & Products.
Low bid meeting specifications for the RCP and concrete
bricks was Concrete Pipe & Products. Low bid on all other items
was Jerry McKinley Concrete Pipe. Using estimated yearly
quantities, the cost for the pipe would be $38,316.00 and for the
other items $4,353.00 for a total of $42,669.00.
Please submit your recommendation with an agenda request form
by the prescribed time before the next regular council meeting.
If there is a need to delay bringing this before council, please
notify me.
LR/gr
Attachment:
Bid Tabulation
xc: Buddy Jacobs, w/ attachment
Orville Burgess, wi attachment
~. ..
J ...
SEALED BID 110271
REINFORCED CONCRETE PIPE BAY JERRY GIFFORD- CONCRETE
CONCRETE MCKINLEY HILL & CO. PIPE AND
PRODUCTS CONCRETE INC. PRODUCTS
PIPE !
1. REINFORCED CONCRETE PIPE
A. 12" PRICE PER FOOT 4.64 4.62 4.14 4.66
B. 15" 5.24 5.22 4.68 5.17
C. 18" 5.99 5.97 5.40 5.40
D. 24" 8.99 8.97 8.07 8.01
E. 30" 12.84 NB 11. 52 11. 36
F. 36" 18.49 NB 16.60 16.20
G. 48" 32.45 NB 35.12 28.68
H. 60" 63.75 NB 56.10 45.63
2. CONCRETE BRICKS NB NB NB .15
3. MASTIC PIPE COMPOUND (5-GAL) 28.40 16.50 140./55 GAL 19.75
4. INLET SADDLE
A. 15" 148.09 39.00 42.00 52.00
B. 18" 151. 09 39.00 42.00 52.00 I
i
C. 24" . 163.09 39.00 42.00 52.00
5. CATCH BASIN
A. 18" x 18" 196.90 175.00 NB 204.00
B. 24" x 24" 251.00 210.00 NB 246.00
6. CAST IRON GRATE 24" 1l4.06 65.00 NB 96.00
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REQUEST FOR CITY COUNCIL AGENDA ITEM
x
Public Works
Requested By: Steve
Report
Resolution
Ordinance
Exhibits: Bid Recap Sealed Bid #0272 for asphaltic concrete pavement
SUMMARY & RECOMMENDATION
Advertised, sealed bids #0272 for asphaltic concrete pavement were
opened and read on August 29, 1988. Bid requests were mailed to
five (5) area suppliers with two, (2) returning bids.
Low bid meeting specifications for item #1 - Hot mix-Mod D was
Parker Brothers at $20.40 per ton delivered and $16.75 per ton picked
up. The only bidder on item #2 - Cold Laid was Dravo Basic Materials
at $28.00 per ton picked up. Estimated yearly quantities would
indicate a cost of $112,350.00 for these items.
Staff recommends award of bid for asphaltic concrete pavement,
item #1 - Hot Mix - Mod D to the low bidder meeting specifications,
Parker Brothers, at $20.40 per ton delivered and $16.75 per ton
picked up. It is further recommended a contingency contract to
Dravo Basic Materials at $24.40 per ton delivered and $21.00 per ton
picked up be awarded on this item.
Staff recommends award of bid on asphaltic concrete pavement item #2-
Cold Laid to Dravo Basic Materials at $28.00 per ton picked up.
Action Required by Council:
Award bid for asphaltic concrete item #1 - Hot Mix - Mod D to low
bidder meeting specifications, Parker Brothers.
Award contingency contract for item #1 to Dravo Basic Materials.
Award bid for item #2 - Cold Laid to the only bidder, Dravo Basic
Materials.
Availability of Funds:
x
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number: 001-700-701-R?9
Funds Available: X YES
NO
Approved for City Council Agenda
~TUhAlh './D C\q \ I^ \ 16<6
~be~t.~Herrera ~
City Hanaser
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CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
AUGUST 31,1988
TO:
Steve Gillett, Director of Public Works
Louis Rigby, Purchasing Manager~~~
Sealed Bid #0272 - Asphaltic concret~ p~vement
FROM:
SUBJECT:
Advertised, sealed bids #0272 for asphaltic concrete pavement
were opened and read on August 29, 1988. Bid requests were mailed
to five area suppliers with only two returning bids: Parker
Brothers and Dravo Basic Materials.
Parker Brothers was low bid meeting specifications on the hot
mix - Mod D and Dravo was the only bid on the cold laid. Using
estimated yearly quantities, the total cost would be $112,350.00.
Please submit your recommendation with an agenda request form
by the prescribed time before the next regular council meeting.
If there is a need to delay bringing this before council, please
notify me.
LR/gr
Attachment:
Bid Tabulation
xc: Buddy Jacobs, w/ attachment
Orville Burgess, wi attachment
,.
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SEALED BID 110272
ASPHALTIC CONCRETE PAVEMENT PARKER DRAVO
BROTHERS BASIC
MATERIALS
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l. HOX MIX - MOD D - PER TON
A. DELIVERED 20.40 24.40
B. PICKED UP 16.75 21.00
2. COLD LAID - PICKED UP NB 28.00
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Report
Public Works
Agenda Date Requested:
Requested By: Steve
x
Resolution
Ordinance
Exhibits: Bid Recap Sealed Bids #0273 - Water and Sewer Supplies
SUMMARY & RECOMMENDATION
.
Advertised, sealed bids for PVC pipe and fittings, cast iron fittings
and valves, and fire hydrants were opened and read on August 29, 1988.
Bid requests were mailed to six 16) area suppliers with four (4)
returning bids.
Materials were divided into sections. Low bid meeting specifications
were submitted as follows: 'I
Section
I. - A. PVC Pipe - Aqua utility Supply
B. PVC Fittings - Golden Triangle
Section II. - A. Cast Iron Fittings - Utility Supply
Note: Rohan Company bid ductile iron fittings that did
not meet specifications.
B. Gate Valves - Utility Supply
Section III. - A. Fire Hydrants - The Rohan Company
B. Talcote - The Rohan Company
Staff recommends award of bid to low bidders meeting specifications
for each item as listed above.
Action Required by Council:
Award bids to low bidders meeting specifications for Water and Sewer
Supplies as follows: Section I.A - Aqua utility Supply
Section I.B.- Golden Triangle
Section II. A & B - Utility Supply
Section III. A & B - The Rohan Company
Availability of Funds:
x General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number: 001-607-607-115
Funds Available:
YES
NO
Approved for City Council Agenda
G?J~t Tl ~~
Robert T. Herrera
City Manager
q~to-<OO
DATE
e
e
CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
SEPTEMBER 1, 1988
TO:
Steve Gillett, Director of Public Works
Louis Rigby, Purchasing Manager~~
Sealed Bid #0273 - Water and Sewer Supplies
FROM:
SUBJECT:
Advertised, sealed bids #0273 for PVC pipe and fittings, cast
iron fittings and valves, and fire hydrants were opened and read
on August 29, 1988. Bid requests were mailed to six area
suppliers with the following four returning bid: 1) The Rohan
Company, 2) Aqua Utility Supply, 3) Utility Supply, and 4) Golden
Triangle.
Materials were divided into sections with low bid by section
as follows:
Section I -
A. PVC Pipe - Aqua Utility Supply
B. PVC Fittings - Golden Triangle
A. C.I. Fittings - Rohan
Section II -
Note: Rohan bid ductile iron fittings. Low bid meeting cast iron
specifications was Utility Supply.
B. Gate Valves - Utility Supply
Section III
A. Fire Hydrants - Rohan
B. Talcote - Rohan
Please submit your recommendation with an agenda request form
by the prescribed time before the next regular council meeting.
If there is a need to delay bringing this before council, please
notify me.
LR/gr
Attachment:
Bid Tabulation
xc: Buddy Jacobs, w/ attachment
Curtis Herrod, wi attachment
.
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SEALED BID 110273
PVC PIPE, FITTINGS, C.I. FITTINGS, GATE
VALVES, FIRE HYDRANTS THE ROHAN AQUA UTILITY GOLDEN
COMPANY UTILITY SUPPLY TRIANGLE
SUPPLY I
I
EXTENDED PRICES I
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I. PVC I
A. PIPE 9.007.00 8,834.00 8,835.00 8,939.00
B. FITTINGS 2,007.31 2,075.97 2,058.94 1,964.75
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II. CAST IRON
A. FITTINGS 4,848.58* 6,138.70 5,172.00 6,309.61
B. GATE VALVES 4,653.40 4,563.54 4,438.42 4,720.40
III. FIRE HYDRANT
A. FIRE HYDRANT 8,232.30 NB 8,532.60 8,602.76
B. TAL COTE 330.00 NB 344.20 346.80
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SUPPLY \
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SUPPLY
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TRIANGLE
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SEALED BID 10273 -
PVC FITTING. CAST
IRON FITTING. GATE
VALVES & FIRE HYDRANTS
\THE ROHAN
\ COMPANY
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,..-...,...."'''.....----..... -_.-. .... - ...
SECTION I FITTING
A. PVC PIPE
l. 2" SDR 21 .39 .35 .37 .38
2. 4" SDR 35 .72 69 fiR fiR
3. 4" SCH-40 1. 51 1. 50 1 ')') 1 7')
4. 4" C 900 1. 88 1. 85 1 84 1 RI
5. 6" SDR-35 1.49 1.47 1. 4fi 1 41
6. 6" C 900 3.42 3.35 3.32 3 28
7. 8" SDR 35 2.68 2.65 2.62 2 'i9
8. 8" C-900 5.94 5.78 5.74 ') fi'i
B. PVC FITTING
l. 3/4" Male Adaptor .12 .11 .12 12
2. 3/4" Female Adaptor .18 .15 .15 .1fi
3. 3/4" 450 - 900 SCH 40 .31 .27 .28 22
4. 2" 900 SCH 40 .74 .66 .75 fifi
5. 4" 900 SCH 40 4.30 4.27 5.41 4. 32
6. 2" 900 DWV .39 .31 .36 1R
7. 4" 900 DWV 2.55 2.12 2.36 2 ')9
8. 2" 450 SCH 40 .78 .77 .75 78
9. 4" 450 SCH 40 5.60 5.57 5.41 'i fi4
o. 6" 450 SCH 40 13.20 13.76 13.34 13 92
l. 2" 450 DWV .37 .33 .36 40
2. 4" 450 DWV 1. 86 1. 55 1.72 1 RR
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SEALED BID #0273 -
PVC FITTING, CAST IRON
FITTING, GATE VALVES &
FIRE HYDRANTS
,
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THE ROHAN \
\ COMPANY I
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AQUA
UTILITY
SUPPLY
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UTILITY
SUPPLY
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TRIANGLE
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B. PVC FITTING ~ ... .'.-
13. 3/4" SCH 40 Dresser 1.05 1.20 7.24 1.08
14. 1" SCH 40 Dresser Cpl . 1. 32 1. 63 7.48 1.40
15. 2"x2" SCH 40 3/4" Tee .87 .81 .84 .98
16. 2"x2"x1" Tee SCH 40 .87 .86 .84 .98
17. 2"x2"x2" Tee SCH 40 .82 .81 .80 .91
18. 4"x4"x4" Tee SCH 40 6.10 1. 31 1.22 1. 26
19. 4"x4"x4" Tee SCH 35 1. 19 1. 31 1. 22 1.26
20. 6"x6"x6" Tee SCH 40 19.95 21. 38 20.72 21. 61
21. 6"x6"x4" Tee SCH 35 4.40 5.10 4.74 4.93
22. 8"x8"x8" Tee SCH 40 46.49 49.58 48.03 50.11
Saddle
23. 6"x4" W/Band Clamp 5.29 ;:6~.43 5(,67 5.28
24. 8"x4" W/Band SC 6.75 8.22 7.25 6.75
25. 10"x4" W/Band SC 8.85 10.79 9.50 8.85
26. 12"x4" W/Band SC 9.55 11. 58 10.22 9.51
27. 10"x6" W/Band SC 11.85 14.40 12.70 11.84
28. 15"x4" W/Band SC 12.92 15.69 13 . 83 12.87
29. 4" 1/6 Bend SCH 40 3.15 4.15 3.27 5.06
30. 6" 1/16 Bend SCH 3S 4.10 4.54 4.21 4.39
SECTION II: C/I FITTING
BID DUCTILE
A. CAST IRON FITTING IRON
, 1. 4"x4" 450 C.I.N.J.. 27.90 46.00 44.58 48.15
. . -
2. 6"x6" 450 C.I.M.J. 39.40 62.50 60.73 65.38
.0
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SEALED BID 1/0273 - I
PVC FITTING. CAST IRON ~
FITTING. GATE VALVES &
FIRE HYDRANTS
,
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\ THE ROHAN \
\ COMP ANY \
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AQUA
UTILITY
SUPPLY
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\ SUPPLY
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\ TRIANGLE \
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A. CAST IRON FITTING
3. 8"x8" 450 C. I.M.J. 54.66 87.30 85.04 91. 31
4. 6"x6"x6" Tee C. I. M. J . 62.90 100.00 98.07 105.58
5. 18x24 Valve Box 18.80 18.00 13.32 17.94
6. 24x36 Valve Box 21. 56 19.00 18.64 22.08 ;
7. Valve Box Lid Match 5.50 7.00 4.80 6.21
8. 4" MJ 900 30.15 49.20 47.77 51. 52
. 9. 6" MJ 900 42.85 68.30 64.69 71. 42
10. 4" Eleen Clamp 11. 70 23.00 8.34 15.83
11. 6" Eleen Clamp 12.30 23.90 8.82 16.82
12. 8" Eleen Clamp 13.30 25.90 9.62 18.51
13. 10" Eleen Clamp 14.28 27.70 10.37 20.07
14. 12" Eleen Clamp 17.10 33.25 12.56 24.70
15. 6"x7" MJ Solid Sleeve 35.00 37.40 43.74 47.27
16. 6"x12.5" MJ Solid Sl. 41. 95 44.50 54.40 58.66
17. 8"x7" MJ Solid Sleeve 47.09 44.90 56.93 61. 39
18. 8"x12.5" MJ Solid Sl. 54.15 55.00 69.84 75.33
19. 4" C. I. C1eanout Shoe 28.75 35.00 25.56 33.12
20. 4" MJ Plug 7.85 8.10 12.30 13.31
21. 6" MJ Plug 12.15 12.50 16.61 17.87
22. 8" MJ Plug 17.30 18.00 27.65 29.83
B. GATE VALVE
1. 2" C.I. Screwed Gate v. n 10 66.59 67.83 80.96
-- ------ ---- ------- ----------
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SEALED BID #0273 -
PVC FITTING, CAST IRON
FITTING, GATE VALVES &
FIRE HYDRANTS
\
,
\
\ \
THE ROHAN \
\ COMPANY I
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\
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AQUA
UTILITY
SUPPLY
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\
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UTILITY
SUPPLY
\
\ GOLDEN
\ TRIANGLE
\
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B. GATE VALVE
_.~..... ,..-.. . ,. .....-
2. 4" C. I. MJ Gate Valve 136.80 134.00 129.77 136.75
3. 6" C. I. MJ Gate Valve 175.00 174.00 167.98 176.48
4. 8" C. I. MJ Gate Valve 273.00 270.00 262.17 274.89 !
SECTION III: FIRE HYDRANT
A. FIRE HYDRANT
l. 3' Bury Fire Hydrant 469.50 NB 448.92 450.70
2. 3.5" Bury Fire Hydrant 475.00 NB 459.70 461. 60
3. 4' Bury Fire Hydrant 471. 75 NB 470.53 472.00
4. 5' Bury Fire Hydrant 488.20 Nb 492.09 494.20
5. 6" Extension Kit 78.50 NB 106.01 107.79
6. 12" Extension Kit 94.00 NB 124.15 130.90
7. 18" Extension Kit 101. 50 NB 141. 26 143.70
B. MISCELLALEOUS
l. Ta1cote - 5 Gallon 16.50 NB 17.21 17.34
.
-- - -- ---.-
.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Se
988
Requested By: Steve Gillett
Public Works
x
Report
Resolution
Ordinance
Exhibits:
Bid Recap Sealed Bid # 0274
SUMMARY & RECOMMENDATION
.
Advertised, sealed bids #0274 for aggregate for surface treatment
were opened and read on August 29, 1988. Bid requests were mailed
to five area suppliers with only one returning bids. Whites Mines,
the current supplier, submitted a bid of $lO.OO Per ton for items
A and Band $lO.50 per ton for item C plus rail freight for
shipments of lOOO tons or more. These prices show a decrease from
the current contract prices. Estimated yearly usage would be
$ll2,500. plus freight for any orders over lOOO tons.
Staff recommends award of bid to Whites Mines, for the supply of
aggregate for surface treatment at the prices submitted.
Action Required by Council:
Award bid for supply of aggregate for surface treatment to Whites
Mines at the prices sUbmitted.
Availability of Funds:
General Fund
Capital Improvement
Other
x
Water/Wastewater
General Revenue Sharing
Account Number:
00l-700-70l-4l5 Funds Available: L- YES
NO
~I~d -t; ~l
~bert T. Herrera
City Manaser
Agenda
orl--~ -~'6
D E
_XAS WATER COMMISS.
B. J. Wynne, III, Chairman
Paul Hopkins, Commissioner
John O. Houchins, Commissioner
J. D. Head, General Counsel
Michael E. Field, Chief Examiner
Karen A. Phillips, Chief Clerk
Allen Beinke, Executive Director
NO'l'ICE OF APPLICATION, PREHEARING CONFERENCE, AND PUBLIC HEARING ON
APPLICATION FOR CLASS I HAZARDOUS AND NON-HAZARDOUS AND CLASS II NON-rffiZARDOUS
COMMERCIAL INDUSTRIAL SOLID WASTE STORAGE AND PROCESSING FACILITY PERMIT
HOUSTON CHEMICAL SERVICES (the "Company"), 12901 Bay Park Road, Pasadena, Texas 77507
has applied to the Texas Water Commission ("TWC" or "Commission") for a permit
(Proposed Permit No. HW-50207-001) to authorize the operation of a commercial Class I
hazardous and non-hazardous and Class II non-hazardous industrial solid waste storage
and processing fac~lity for wastes received from off-site generators and wastes
generated on site. The wastes to be managed at this facility include ignitable, EP
toxic, corrosive, reactive, and listed hazardous wastes, and non-hazardous industrial
solid wastes. The waste processing units covered by the application consist of a
rotary kiln incinerator having a design capacity of 90 million BTU/hr, and two
Fluidized Bed incinerators having a design capacity of 230 million BTU/hr each.
Associated storage and processing units include 19 above-grade tanks having a total
design capacity of 1,885,750 gallons, two container storage areas having a total
capacity of 196,560 gallons and five container storage areas having a total capacity
of 300 cubic yards.
The Executive Director of the TWC has prepared a draft permit which, if approved by
the Commission, will authorize the operation of the incinerators and associated units
under the terms described above. The proposed permit term is for ten years.
Included within the proposed permit is a RCRA Facility Investigation (RFI), which
would require the Company to determine whether hazardous constituents have been
released into the environment from previous waste management operations.
The industrial solid waste management facility is located on a 29.682 acre tract of
land in Harris County, Texas, at 12901 Bay Park Road in the Bayport Industrial
District, approximately 3500 feet south of the intersection of Fairmont Parkway and
Bay Park Road, which is approximately two miles west of the intersection of Fairmont
Parkway and State Highway 146 in La Porte, Texas. The site is in the drainage area
of Segment No. 1006 of the San Jacinto River Basin. (North Latitude 29 38'37",West
Longitude 95 03'50")
The Executive Director of the 1~C has prepared a draft permit which, if approved by
the TWC, will authorize the operation of the facility described above. The Executive
Director has also prepared a sununary of the applicant's compliance history, copies of
which are available upon request. .
A Hearings Examiner of the TWC will conduct a public hearing at
10: 00 a. In. -. Tuesday, October 11, 1988
- Wednesday, October 12, 1988
San Jacinto Community College
student Center Building - Rrn. 2A & 2B
8060 Spencer Highway - Pasadena, Texas 77505
to receive evidence on the conditions, if any, under which the permit may be issued.
P. O. Box 13087 Capitol Station. 1700 North Congress Ave. . Austin, Texas 78711.3087 . Area Code 512/463.7830
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The Comrnission will provide a prehearing conference prior to the commencement of the
evidentiary hearing. The prehearing conference will be held pursuant to 31 TAC 265.7
of the Rules of Procedure of the Texas Water Commission, to establish jurisdiction,
designate parties, identify witnesses, identify issues, receive public comment and
consider preliminary motions and other matters which may expedite the hearing
process.
Legal Authority:
Sections 26.028, of the Texas Water Code, as amended, Section
4(e) of the Solid Waste Disposal Act (Art. 4477-7, Texas Revised
Civil Statutes); and 31 TAC Chapters 261, 263, 265, 267, 269,
271, 273, 281, 305 and 335 of the Rules of the Texas Water
Commission.
Persons desiring to protest in writing the granting of this permit, or to file
written comments, may file them with the Commission within forty five (45) days from
the publication date of this notice and shall serve copies of the written protest on
the applicant and all designated parties, if any. The written protest shall: show
the name and address of the protestant; identify the pending application; state the
basis of the protestant I s interest and any relevant facts and conclusions; describe
the location of the protestant's property relative to the application; and propose
any amendment or adjustment to the application or permit, which, if made, would
result in the withdrawal of the protest. Persons desiring to personally present
information relating to this matter may appear at the prehearing conference either in
person or by representative and present such information during the informal public
comment session of the prehearing conference. Information offered in written form
wi thout the writer I s presence or during the informal public comment session of the
prehearing conference will be noted by the Commission but will not be considered as
evidence since the right to cross-examine is absent.
Persons wishing to present information during the evidentiary phase of the hearing
must be named a party to the proceeding. No person will be admitted as a party to
the proceeding unless the person can demonstrate justiciable interest and is in
attendance at the prehearing conference, either in person or by qualified
representative. Pursuant to 31 'I'AC 267.1, after parties are designated, no other
person will be admitted as a party except upon a finding of good cause and
extenuating circumstance and that the hearing in progress will not be unreasonably
delayed.
This notice satisfies the requirement of the Resource Conservation and Recovery Act
(RCRA), as amended, 42 U.S.C. Section 6901, et ~., and 40 C.F.R. Section 124.10.
The draft permit, if issued by the u.S. Enviror~ental Protection Agency (EPA), will
implement the requirements of the Hazardous and Solid Waste Amendments of 1984
(HSWA), amending the federal Solid Waste Disposal Act, as amended. The TWC and the
EPA have entered into a joint perm.itting agreement whereby permits maY be issued in
Texas in accordance with the Texas Solid Waste Disposal Act, Article 4477-7,
V.A.C.S., and the HSWA, until the State hazardous waste program receives interim or
final authorization under RCRA to administer the requirements of the HSWA. In order
for the applicant to have a fully effective RCRA permit, both the TWC and the EPA
must issue the permit. All permit provisions are fully enforceable under the 'l'exas
law after issuance by the TWC. The permit terms are also enforceable by EPA. EPA
may participate in the informal public hearing session of the public hearing.
The Texas Air Control Board ('fACB) may appear at the prehearing conference and
participate as a party at the evidentiary public hearing to address air quality
aspects of the application, pursuant to the Texas Solid Waste Disposal Act, (Article
4477-7, Texas Revised Civil statutes). The TACB will regulate air emissions from the
facility through special provisions in any permit which is issued.
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The record of this proceeding will include evidence and testimony taken at the plwlic
hearing. The hearing may be continued from time to time and place to place, if
necessary, to develop all relevant evidence bearing on the subject of the hearing.
The TWC reserves the right to schedule or reschedule hearings as it deems necessary.
Further information concerning any aspect of the application, if available, may be
obtained by writing Jim Haley, Senior Attorney, P. O. Box 13087, Capitol Station,
Austin, Texas 78711, telephone (512) 463-8069. Information concerning any procemlres
of the hearing may be obtained by contacting Duncan Norton, Assistant Chief Hearings
Examiner, P. O. Box 13087, Capitol Station, Austin, Texas 78711, telephone (512)
463-7875. Written comments on the application should be submitted to the same
address within 45 days of the date of publication of this notice.
Issued this 25th day of August, 1988.
(Seal)
~Q-
'-
Karen A. Phillips, Chief Clerk
Texas Water Commission
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MANAGER If
POLICE o&-%--
TO: MR. BOB HERRERA, CITY
FROM: C. E. SMITH, CHIEF OF
SUBJECT: NARCOTICS OPERATIONS IN THE CITY OF LAPORTE SINCE
JANUARY, 1988.
DATE: SEPTEMBER 6, 1988
SIR:
The following figures, are statistics of the on going drug
operations, conducted in this city by the La Porte Police department.
These statistics have been compiled from Januat~y of this year and are
effective lJ.y,til August 31, 1988.
On August 25, 1988 officers of the La Porte Police department
began a second phase round up of narcotics dealers. This event closed
a four month long investigation which utilized officers of this
department and officers of other agencies.
The August 25th investigation identified 16 suspected dealers
and produced 32 felony deliveries. As of this writing, all of those
suspects, have been arrested and processed.
Since January 1, 1988 the La Porte police department has been
t~esponsible f,:,t~:
89 Felony arrests/charged
19 misdemeanor arrests/charged
108 total arrests/charges
83 of these from within our city limits, 25 from outside. The street
value of the nat~cotics seized, in these and other investigations by
the La Porte Police, totals $ 1,774,006.00.
This is not the end; it is only the beginning.
We will continue
to break the trail of narcotics that flows through our city and
threatens our children. Our goal is to one day, stop that flow, once
and fot~ all.
:S{:,.~~~ ~
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~SO~~I~(~~ CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
RECEIVED
fJ-~-!p
CITY MGR'S OFFICE
DATE:
September 6,1988
FROM:
SUBJECT:
John Joerns, Assistant City Manager ~I~~~
Steve Gillett, Public Works Director~~ .
Citizen Request for Removal of Aeria{l;:nitary
Sewer Crossing at Deer Creek
TO:
During the August 22, 1988 City Council meeting, Ms. Helen McFairen
requested that City Staff investigate the possiblility of removing the
aerial sanitary sewer line crossing Deer Creek behind her residence
located at 925 Oak Grove. Additionally, she stated that the septic
tank systems of the residences across Deer Creek were draining raw
sewage into the stream. Public Works Staff began looking into these
requests on August 24, 1988.
The aerial crossing is a trunk main serving approximately 90 residences
on the north side of Deer Creek. This is a gravity main and can not be
eliminated without provision being made to serve the current service
area of this line. A lift station would have to be designed and
constructed and a force main would have to be installed under Deer
Creek. The estimated cost of building a lift station and force main
would be $75-100,000. Additionally, there is a major problem with
access to a lift station. Much of this area is private property and,
as far as can be determined, there is no ingress easement allowing
maintenance personnel to enter this area other than the utility
easement along the present sanitary sewer line. Providing power to a
lift station could also pose a problem. Should a lift station be
erected along this bayfront property, there could possibly be adverse
reaction from residents in the area.
The only alternative to eliminating the aerial crossing by installation
of a lift station is to reroute the entire system to the East "F"
Street system. This is not a viable alternative due to the probable
cost and, in addition, there are some apparent elevation problems that
will not allow sufficient grade to connect the two systems.
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Page Two
Deer Creek Aerial Sanitary Sewer Crossing
September 6, 1988
There are presently three (3) residences being served by septic systems
along Deer Creek. All of these are located on the south side of S.
Brownell. After discussions with Code Enforcement, it was determined
that elevations of the residences would not permit their connection to
the gravity sewer main near their property. Neither construction of a
lift station nor the rerouting of the system will allow these
residences to be connected to the existing system due to the above
related elevations of the house foundations. City crews could find no
visual evidence of raw sewage leaking into the stream from either the
septic systems or the aerial crossing.
The residences currently on septic systems could possibly be connected
to the existing sewer system by construction of a 6" gravity main east
along Deer Creek for approximately 300 feet to allow the collection of
the house lines of the three residences and installation of a 2"
grinder pump and 2" force main approximately 450 feet east to an
existing manhole on the north side of Deer Creek, upstream of the
aerial crossing. Easements would have to be acquired for the line
along Deer Creek. Maintenance access and power supply to the pump
could also be a problem. The approximate cost of this approach would be
$5-10,000. The Engineering Department would need to explore further
the viability of this solution along with possible alternate routing.
Public Works recommends further study by the Engineering Department of
the possibility of construction of a 6" gravity main along Deer Creek
and the installation of a 2" grinder pump and 2" force main to the
existing manhole at the Deer Creek aerial crossing. Elimination of the
aerial crossing would be very difficult and expensive and is not
recommended.
SG/bj
xc:
Robert T. Herrera, City Manager ~
Curtis Herrod, Utility Superintendent
~'~""""''''-'''l',.~.;..:\",~~,..,;~,ij:f%:,~:!~,j, ',~ii:';;;'~~~
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CITY OF L! PORTE
PHONE (713) 471-5020 . P.O Box 1115 .
LA PORTE. TEXAS 77571
SUBJECT:
COMMUNITY
9/7/88
C s \-.-.vt o.--J. 't. ~ reA
(.\J'VV' . ~r'V ;:\ ~
TO: ALL DIRECTORS
FROM: JOHN C. DUNHA
The Community Drill Committee met on September 1, 1988, to discuss
and plan this year's drill. The committee decided to conduct a
transportation incident involving a hazardous material, on Thursday,
S~ptember 29, 1988, around 4:00 PM.
A telephone call will be made to the Police and Fire Dispatcher,
reporting the incident, clearly stating that this is a drill. The
normal procedures shall be followed, except that all radio transmissions
by the dispatcher reporting the incident to Police, Fire, and EMS
shall clearly state, "This is a Drill, and repeat."
The incident commander will be provided with a written and visual
"oportunity" as to the severity and nature of the incident, including
suggestions on who from industry to contact that has already agreed
to participate in the drill.
As per the City of La Porte Emergency Plan, all Departments and
Divisions of the City will be subject to callout or activation, as
well as opening and staffing the EOC. To what level the EOC will
be. activated shall be decided by the severity of the incident at that
time.
Department Directors are urged to inform their supervisors that
there will be a drill on September 29th, 1988, and that they may be
called upon for assistance. Therefore, a Departmental Review of the
City's Emergency plan is 'lhi~hly recommended. The intent of the drill
1s to exercise our plan, and our personnel. It 1s not intended to
embarrass anyone, or any department.
All personnel involved with the drill are urged to participate
in and conduct themselves in a manner conducive to a good learning
experience. To be successful in this drill or any "real" emergency,
we have to "play the part" during drills to be able to recognize our
errors and deficiencies. As we all know, it's better to find mistakes
during training, than during a crisis.
Red lights and sirens are not to be used enroute to the incident.
However, once the equipment or units are on the scene, emergency
lighting should be used for safety precautions.
ext.
Should you have any questions, please feel free to call me at
523.
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CITY OF LA PORTE
f'-~ ·
~~i
INTER-OFFICE MEMORANDUM
SEPTEMBER 6, 1988
TO:
THRU:
FROM:
John Joerns, Assistant City Manager
SUBJECT:
Joel H. Albrecht, Director of Community Development
Bob Speake, City Enginee~
1988-92 Urban System Pass Program
Improvements to Spencer Highway
Utility Adjustments
SUMMARY
The City has received State Highway Commission Minute Order No. 87519
announcing proposed improvements to Spencer Highway if the City and
Harris County will agree to pay for 50$ of the cost of utility
adjustments, to maintain said improvements as required, to regulate
traffic and to prevent right-of-way encroachments. The City and Harris
County have until October 26, 1988 to agree to the terms of the Minute
Order by passing a resolution.
Staff has determined which city utili ties will need to be relocated
before the State Department of Highways and Public Transportation
(SDH&PT) undertakes the improvements to Spencer Highway indicated in
the Minute Order. District 12, SDH&PT advises that the pavement width
is to be 84 feet (6 traffic lanes + continuous center turn lane) with
curb and gutter drainage. City utilities parallel to Spencer Highway
must be located in an 8' wide strip between the future curb and the
right of line (width of right-of-way is 100 feet). City utilities
crossing Spencer Highway must be at least 3-1/2 feet below the gutter
line. With this in mind, staff has determined that the utilities to be
relocated are those shown on the attached aerial photo map. The
estimated cost of these utility adjustments is $322,000.00.
BACKGROUND
In July, the City received a copy of Minute Order 87519, passed by the
Highway Commission June 28,1988 (Exhibit A). The City Council and
Harris County Commissioners Court have 120 days from June 28, 1988 or
until October 26, 1988 to pass the attached resolution (Exhibit B)
accepting the provisions of the Minute Order.
Those provisions include the City and Harris County agreeing to pay 50$
of the cost of utility adjustments. Staff investigation covered by
this memo is for the adjustment of city utilities only.
1988-92 Urban sy~em
September 6, 1988
Page 2
Pass Program
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INVESTIGATION
Since most of the utili ties on Spencer Highway have not yet been
surveyed under the City Utility Mapping Program, a field utility
verification (U.V.) was done under the City U.V. procedure.
James Grayson of District 12, SDH&PT furnished drawings of the expected
pavement section (Exhibit C) and utility line cover requirements
(Exhibit D). Note that the pavement section is 84 feet wide (6 traffic
lanes + continuous center turn lane), curb and gutter. Since the
Spencer Highway right-of-way width is 100 feet, that leaves only an 8
foot utility corridor on both sides of the pavement.
Note also that the thickness of the pavement structure is 23 inches and
that city utilities must be 18 inches below that. If it is assumed
that the roadbed is lowered 18 inches to provide drainage across the
curb, then city utilities crossing Spencer Highway must be at least 5
feet below existing natural grade.
Staff conducted the U.V. with the above listed information in mind. An
office U. V. was first done and plotted on city topo maps. Then, a
field U. V. was done to validate the office U. V. Measuredowns were
taken at manholes, but rim elevations were not determined; a visual
comparison was made between manhole covers and natural grade to make
sure they were close. Pavement widths were measured at selected
locations and distances of fire hydrants, valves, manholes and
cleanouts from edge of pavement were also measured. Using this
procedure, it was possible to determine that only the following city
utilities will need to be relocated (See aerial photo map at Exhibit
F):
1) The 12" water line on the north side of Spencer Highway located
between Underwood Road and Big Island Slough;
2) The 8" sanitary sewer force main which crosses Big Island Slough on
the bridge;
J) The 12" water line crossing at Valleybrook Drive;
4) The 8" sanitary sewer serving the lots in Fairmont Park Subdivision
Section One located next to the south right-of-way line of Spencer
Highway, between Valleybrook Drive and Farrington Boulevard; and
5) The 8" water line on the south side of Spencer Highway between South
16th Street and State Highway 146.
Once the utilities to be relocated were determined, the distances
involved were measured from city topo maps and features such as
manholes were counted. Then, the cost of these utility adjustments was
estimated (See Exhibit E) using unit prices from recent city projects
or from "Contractors Date Report" files.
'1
i , .,..
STATE DEPARTHEHT OF HIGHWAYS
AHD PUBLIC'TRAHSPORTATIOH
HARRIS
District No. HOUSTON (12)
County
MINUTE ORDER
Page 1 of 2 Pages
WHEREAS, in HARRIS COUNTY in the,City of La Porte on SPENCER
HIGHWAY from Underwood Road to State Highway 146, a distance of
approximately 3.4 miles, a project is required; and
WHEREAS, this project qualifies for the 1988-92 Urban System
jPrincipal Arterial Street System Program (Major Urbanized Areas)
approved this date by State Highway and Public Transportation
Commission action;
NOW, THEREFORE, IT IS ORDERED that the Engineer-Director is
hereby directed to te~der the following proposal to Harris County and
the City of La Porte:
Provided Harris County and the City of La Porte will:
1. Provide fift~-p~rcent of the cost of e]igible_utjlity
J~.9.,:iustments a_s_.may_beJe,q!J i red --1!:Lacc~njance,_wJtJLPoli ci~ s
of fhe-State_Dep,ar..tment_oLl:ii9hways and Pub 1 i c
Transportation. " '
2. Upon completion of the construction of this project,
maintain that portion of the work which is its
responsibility in accordance with Federal and State
requirements, and agree to regulate traffic and prevent
encroachment on the right of way, all in accordance with
governing policies and regulations of the State Department
of Highways and Public Transportation.
'.
,-
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STATE DEPARTMENT OF HIGHWAYS
AND PUBLIC TRANSPORTATION
HARRIS
District No. HOUSTON (12)
County
MINUTE ORDER
Page 2 of 2 Pages.
The State Department of Highways and Public Transportation will:
1. Provide fifty percent of the cost of eligible utility
adjustments as may be required in accordance with policies
of the State Department of Highways and Public
Transportation.
2. Provide for construction.
3. Maintain that portion of the work which is its
responsibility in accordance with present maintenance
agreements.
Upon acceptance of the provisions of this Order by Harris
County and the City of La Porte, IT IS FURTHER ORDERED that the
Engineer-Director is hereby authorized to proceed in the most feasible
and economical manner with project development to include any necessary
agreements, right of way acquisition, utility adjustments, relocation
assistance and construction at an estimated cost of $12~02Q.POO to the
State which will be funded from the 1988-92 Urban System/Principal
Arterial Street System Program (Major Urbanized Areas).
This Order shall become operative upon acceptance by Harris
County and the City of La Porte; and if not accepted within 120 days of
the date hereof, the action herein contained shall be automatically
canceled.
\.
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Submitted
Approved
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Eng i neer-O i ctor. ..... ",'
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Minute Number
87519
J1lli 2 ~ 81L-
Date Passed
./
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RESOLUTION ACCEPTING THE PROVISIONS OF
STATE DEPARTMENT OF HIGHWAYS AND PUBLIC
TRANSPORTATION COMMISSION MINUTE ORDER
'.l'/
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,Texas
THE STATE -, OF--TEXAS ______.. m
COUNTY OF
19
MOTION was made by
and seconded by
that the
accept the provisions contained in Minute Order
passed by the State
Department of Highways and Public Transportation Commission on
19___, for the improvement by the State Department of Highways and Public
Transportation of the project described below:
..,
VOTE on the motion was as follows:
,-WHEREUPON .the motion was decl ared
:...
THE STATE OF TEXAS
COUNTY OF
~
~
I hereby certify that the foregoing is a true and correct copy of the order
passed by the
on
, 19
( Sea 1 )
City Secretary or County Clerk
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MINIMUM COVER FOR UNDERGROUND LINES
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Pipe or Casing if Greater (All Lines)
of Pipe or Casing if Greater (All Lines)
or Liquid Fuel Lines Longitudinally
Liquid Fuel and plastic lines which
are Encased. (Also applies to
Longitudinal p1astic:]ines.)
Gas
Gas,
Lines
18 or ~
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High Pressure
High
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36" for
30" for
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~ EXHIBIT E 4It
CITY OF LA PORTE CONSTRUCTION ESTIMATE FOR
UTILITY RELOCATIONS ON SPENCER HIGHWAY
WORK ITEM
12" Waterline, PVC,C-900
8" Waterline, PVC, C-900
Casing for 12"WL, Bored & Jacked
Bore & Jack 8" WL
Fire Hydrant Assembly
12" Gate Valve & Box
8" Gate Valve & Box
Reconnect service lines
8" S.S. Force Main, PVC
8" S.S. F.M., Steel, on Bridge
8" S.S.,PVC,SDR 35, 6'_8' deep
8" S.S.,PVC,SDR 35, 8'-10' deep
8" S.S.,PVC,SDR 35,10'-12' deep
Standard S.S. Manholes, 6' deep
Extra Depth on Manholes
8" S.S. Cleanout
Reconnect Service Lines
Grout Fill exg. Lines & MH
Trench Safety System, 6'_12' depth
QUANTITY UNITS UNIT COST TOTAL COST
2,900 LF
2,000 LF
100 LF
800 LF
10 EA
8 EA
3 EA
45 EA
1 8 ~'O 0
15.00
30.00
20.00
1,700.00
800.00
500.00
300.00
SUBTOTALS WATER LINES
100 LF
150 LF
14.00
30.00
18.00
1,100 LF
600 LF
300 LF
6 EA
18 VF
1 EA
26 EA
55 CY
20.00
22.00
1,000.00
100.00
300.00
500.00
60.00
12.00
2,100 LF
SUBTOTALS SANITARY SEWERS
52,200.00
30,000.00
3,000.00
16,000.00
17,000.00
6,400.00
1,500.00
13,500.00
139,600.00
1,400.00
4,500.00
19,800.00
12,000.00
6,600.00
6,000.00
1,800.00
300.00
13,000.00
3,300.00
25,200.00
93,900.00
SUBTOTALS WATER & SANITARY 233.500.00
20% CONTINGENCY 46,700.00
CONSTRUCTION COST
15% ENGINEERING FEES
PROJECT COST
280,200.00
41,800.00
$ 322,000.00
-
.
. .
SEALED BID 110274
AGGREGATE FOR SURFACE TREATMENT
WHITE'S CURRENT
MINES CONTRACT I
I
I
I
I
I
1. AGGREGATE FOR SURFACE TREATMENT
A. PE-2 PRICE PER TON 10.00 10.55
B. PE-3 10.00 10.55
C. PE-4 10.50 11. 10
RAIL FREIGHT PER TON (1,000 tons or more) 14.72 24.18
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CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
AUGUST 31,1988
TO:
Steve Gillett, Director of Public Works
Louis Rigby, Purchasing Manage~
Sealed Bid #0274 - Aggregate for Surface Treatment
FROM:
SUBJECT:
Advertised, sealed bids #0274 for aggregate for surface
treatment were opened and read on August 29, 1988. Bid requests
were mailed to five area suppliers with only one returning bid:
Whites Mines, our current supplier.
The prices submitted show a decrease from our current
contract. Using estimated yearly quantities, the cost for these
items would be $112,500.00 plus rail freight for any orders over
1,000 tons.
Please submit your recommendation with an agenda request form
by the prescribed time before the next regular council meeting.
If there is a need to delay bringing this before council, please
notify me.
LR/gr
Attachment:
Bid Tabulation
xc: Buddy Jacobs, w/ attachment
Orville Burgess, w/ attachment