HomeMy WebLinkAbout1990-07-23 Public Hearing and Regular Meeting0 i
1.
2.
0
MINUTES OF THE PUBLIC HEARING AND REGULAR MEETING
LA PORTE CITY COUNCIL
JULY 23, 1990
The meeting was called to order by Mayor Malone at 6:00 P.M.
Members of City Council Present: Mayor Norman Malone,
Councilpersons Mike Cooper, Ed Matuszak, Bob McLaughlin, Alton
Porter, Deotis Gay, B. Don Skelton, Jerry Clarke
Members of City Council Absent: Councilperson Guy Sutherland
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 Public Works Steve Gillett, Director of
Community Development Joel Albrecht, Chief Building Inspector
Ervin Griffith, Director of Parks and Recreation Stan
Sherwood, Finance Director Jeff Litchfield
Others Present: Rev. Tom Rawls and other representatives from
Grace Baptist Church; 4 citizens
The invocation was given by City Attorney Knox Askins.
Council considered approving the minutes of the regular
meeting of Council held July 9, 1990.
Motion was made by Councilperson Cooper to approve the July
9 minutes as presented. Second by Councilperson Clarke. The
motion carried, 8 ayes and 0 nays.
Ayes: Councilpersons Cooper, Matuszak, McLaughlin, Porter,
Gay, Skelton, Clarke and Mayor Malone
Nays: None
4. The Mayor called the Public Hearing to order. This hearing
was to hear the request of Rev. Thomas Rawls for a Special
Conditional Use permit to allow construction of a church in
a low density residential zone.
Director of Community Development Joel Albrecht reviewed the
request for Council, and stated that the Planning and Zoning
Commission recommended approval of the permit.
The Mayor asked for public input. The Mayor read a letter
from Councilperson Sutherland which stated that he was in
favor of granting the permit. Rev. Rawls addressed Council
to ask that the permit be granted. Mayor Malone stated that
several persons had signed up to speak, and if they had
anything different to say he encouraged them to do so;
Minutes, Public Hearing and Regular meeting
July 23, 1990, Page 2
otherwise, they could advise him whether or not they wished
to speak when he called their names. The following names were
called and all stated their comments would be the same as Rev.
Rawls: Lora McClaskey, George McBroom, Jeneane McBroom, Marsh
Powell, Sharon Powell, Frank Warnoch, J. C. Jones, Ted Ganoe.
There being no further input, the Mayor declared the public
hearing closed.
5. There were no citizens wishing to address Council.
6. Council considered approving a Special Conditional Use permit
to allow construction of a church in an R-1 zone.
Motion was made by Councilperson Skelton to approve the
Special Conditional Use permit for Grace Baptist Church.
Second by Councilperson Gay. The motion carried, 8 ayes and
0 nays.
Ayes: Councilpersons Cooper, Matuszak, McLaughlin, Porter,
Gay, Skelton, Clarke and Mayor Malone
Nays: None
At this time, Mayor Malone announced that Council would go
into executive session to discuss the following items: (A)
Receive report from City Manager on personnel item; (B) Meet
with City Attorney regarding Elizabeth Lane land acquisition;
(C) Meet with attorney(s) to discuss Houston Chemical
Services, Inc./Southern Ionics, Inc. Council adjourned into
executive session at 6:19 P.M. and returned to the table at
7:40 P.M.
7. Council considered an ordinance approving entering into
cooperation agreement with Harris County for community renewal
and lower income housing assistance activities.
The City Attorney read: ORDINANCE 1713 - AN ORDINANCE
APPROVING AND AUTHORIZING AN AGREEMENT FOR A COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM BY AND BETWEEN THE CITY OF LA
PORTE, TEXAS AND HARRIS COUNTY; 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 Clarke to adopt Ordinance
1713 as read by the City Attorney. Second by Councilperson
McLaughlin. The motion carried, 7 ayes and 0 nays
(Councilperson Gay was away from the table).
Ayes: Councilpersons Cooper, Matuszak, McLaughlin, Porter,
Gay, Skelton, Clarke and ;Mayor Malone
Nays: None
•
Minutes, Public Hearing
La Porte City Council
July 23, 1990, Page 3
and Regular Meeting
8. Council considered a resolution authorizing special counsel
to represent the City in acquisition of property.
The City Attorney read Resolution 90-6, which authorized
Charles Dippel, as Special Counsel for the City of La Porte,
to represent the City in acquisition of a certain parcel of
property.
Motion was made by Councilperson Clarke to approve Resolution
90-6 as read by the City Attorney. Second by Councilperson
McLaughlin. The motion carried, 6 ayes and 1 nay
(Councilperson Gay was away from the Council table).
9.
10.
Ayes: Councilpersons Cooper, Matuszak,
Skelton, Clarke and Mayor Malone
Nays: Councilperson Porter
Council considered establishing funding
citizen/wellness facility.
McLaughlin,
for senior
Finance Director to deposit proceeds from the sale of City
property to ICN in the amount of $362,400 in the General Fund
Capital Improvement fund (Fund 015); amend the current year
General Fund budget by $336,245, which represents prior years'
street and alley closing revenue as well as proceeds from the
settlement of a law suit; transfer funds just budgeted from
the General Fund to the General Fund Capital Improvement Fund
iz+.—A nI c% . --A tee+. n; A'M +hc =Y,ncrn f»nrlc fni'al inn AFAR _ AAF; _
renovation of the Broadway street property. Second by
Councilperson Cooper. The motion carried, 7 ayes and 0 nays
(Councilperson Gay was away from the table).
Ayes: Councilpersons Cooper, Matuszak, McLaughlin, Porter,
Skelton Clarke and Mayor Malone
Nays: None
Council considered approving the 1990-91 La Porte Area Water
Authority Operating Budget.
Motion was made by Councilperson Skelton to approve the La
Porte Area Water Authority Operation Budget for the 1990-91
fiscal year. Second by Councilperson Clarke. The motion
carried, 8 ayes and 0 nays.
Minutes, Public Hearing and Regular Meeting
La Porte City Council
July 23, 1990, Page 4
Ayes: Councilpersons Cooper, Matuszak, McLaughlin, Porter,
Gay, Skelton, Clarke and Mayor Malone
Nays: None
11. Council considered approving renewal of operations agreement
with La Porte Area Water Authority.
Motion was made by Councilperson Gay to approve renewal of the
operations agreement with the La Porte Area Water Authority.
Second by Councilperson McLaughlin. The motion carried, 8
ayes and 0 nays.
Ayes: Councilpersons Cooper, Matuszak, McLaughlin, Porter,
Gay, Skelton, Clarke and Mayor Malone
Nays: None
12. Council received a report from the City Manager on the status
of the Sylvan Beach fishing pier.
Several meetings with Precinct Two representatives have been
held. The County is interested in a joint venture whereby
they will furnish material (Tek Dek) and the city furnish
labor to rebuild the pier and lease it from the County.
Council gave direction to the City Manager to pursue this.
13. Administrative Reports:
Bob Herrera reported that "Sounds Like Fun" was very
successful, with 376 persons attended. Also, the
Uninterrupted Power Supply for the Data General equipment was
installed on Monday. Budget Workshops will be held August 14,
15 and 16. He will be on vacation July 25 through 31. He
also announced that Janie Bais has taken a position as Village
Manager in Holly, Michigan.
Steve Gillett presented a report on recycling being done by
the City of La Porte. A copy was distributed to Council.
14. Council Action: Councilpersons Cooper, Matuszak, McLaughlin,
Porter, Skelton, Clarke and Mayor Malone brought items to
Council's attention.
15. The executive session had been held previously.
Minutes, Public Hearing and Regular Meeting
July 23, 1990, Page 5
16. There being no further business to come before the Council,
the meeting adjourned at 9:12 P.M.
Respectfully submitted:
Cherie Black, City Secretary
Passed & Approved this the
6th day of August, 1990
N an L. Malone, Mayor
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: July 23. 1990
Requested By: Joel H. Albrech epartment: Community Development
x Report R solution X Ordinance
Exhibits: 1) Planning and Zoning Transmittal Letter
2) Staff Report and Exhibits
3) Special Conditional Use Permit #SCU90-004
SUMMARY & RECOMMENDATION
Summary:
The Planning and Zoning Commission, at their June 21, 1990,
Public Hearing and Regular Meeting considered Special Conditional
Use Permit Request #SCU90-004. This request has been made by
Grace Baptist Church for the purpose of allowing the construction
of a new church which is to be located on Lts 7-12 and 22-26 of
Block B of the Greendale Subdivision. This tract is further
described as 11141 North "L" Street. Due to the R-1, Low Density
Residential Zoning assigned to this property, a Special
Conditional Use Permit authorizing development is required. This
is in accordance with the provisions of Zoning Ordinance Section
5-600 Table A.
Recommendation:
The Planning and Zoning Commission has found this request to
be in substantial compliance with Zoning Ordinance pre -requisite
requirements and has recommended approval of Special Conditional
Use Permit Request #SCU90-004.
Options:
At the close of Public Hearing:
I. Approve SCU90-004
A. As recommended by Planning and Zoning Commission
B. With added conditions
II. Table request for further consideration at a future
date.
III. Deny request.
Page -2- 9 Ob
Action Required by Council:
1) Held Public Hearing
2) Call for vote to consider approval or denial of SCU90-
004.
----------------------------------------------------------------
----------------------------------------------------------------
Availability of Funds: N/A
General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other
Account Number: Funds Available: Yes __ No
Approved for City Council Agenda:
� a
ert T. Herrera D to
C ty Manager
-----------------------------------------------------------------
-----------------------------------------------------------------
CITY OF LA PORTE
MEMORANDUM
JULY 19, 1990
TO: Mayor & City Council
FROM: Joel H. Albrec ector of Community Development
SUBJECT: Planning & Zoning Commission
On Friday, July 20th the Planning & Zoning's transmittal letter and recommendation will
be placed in your mail box. The Planning & Zoning Commission meets on Thursday at
which time the minutes will be approved and the transmittal letter will be signed.
JHA/neb
•
0
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Ordinance 1501, the City
of La Porte Zoning Ordinance, notice is hereby given that the La
Porte City Council will conduct a public hearing at 6:00 P.M. on
the 23rd day of July, 1990, in the Council Chambers of the City
Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of
the Public Hearing is to hear a request from Reverend Thomas Rawls,
on behalf of the Grace Baptist Church, for a Special Conditional
Use Permit to allow construction of a new 3150-square foot Baptist
Church and adjoining parking lot. Legal description of the
property is: Lots 7-12 of Block 8, Greendale Subdivision, which
is further described as 11141 North "L" Street. The property is
currently zoned as R-1, Low Density Residential.
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
i Cherie Black
�,/ City Secretary
• CITY OF LA PORTE •
APPLICATION FOR
SPECIAL CONDITIONAL USE PERMIT
---------------------------------------A ------
Application No.:
--------
OFFICE USE ONLY: Fee: $100.00 Date Received:
Receipt No..7-q
Cer fied Plans Submitted:
(General Plan ( ) Major Development Site Plan
( ) Minor Development Site Plan ( ) Preliminary Plat
----------------------------------------------------------------------
Person Making Request: R(2,Q hlSmr1 RCLIA
Mailing Address: I17Dz N 11 P
City/State: Por-r—w-- TEXAS Phone:
BUSI1ESS NAME; Gr-Au 9AP-',sT UU►ZCl-i
PROPERTY ADDRESS: zzz:z"/
Lf
LEGAL DESCRIPTION: L4 '7- i:2 -2 --2 � C RE f,J�AL�
SUnk)z:
ZONE: ( — SIC USE CATEGORY:
TYPE OF BUSINESS: N+ U h C H
L4 - 2.4 90 Pw. .
Date Owner or Authorized Agent
----------------------------------------------------------------------
OFFICE USE ONLY
Date of P & Z Public Hearing:
Date of-,C-�ity Council Meeting:
Zone: It —
This application is: Approved
Permit #
CLP JOB #
Conditions:
Date
CED/1-'87
(If Assigned Yet)
Recommendation: Y or N
Approved: Y or N
Denied ( )
Zoning Administrator
CITY OF IA PORTE
MEMORANDUM
JULY 19, 1990
TO: Mayor & City Council
FROM: Joel H. Albrec a for of Community Development
SUBJECT: Planning & Zoning Commission
On Friday, July 20th the Planning & Zoning's transmittal letter and recommendation will
be placed in your mail box. The Planning & Zoning Commission meets on Thursday at
which time the minutes will be approved and the transmittal letter will be signed.
JHA/neb
0
TO PLANNING AND ZONING
MEMBERS OF COUNCIL
This letter is to inform all parties concerned about Grace
Baptist Church and its intentions. Grace Baptist was organ-
ized on Wednesday,January 24,1990 A.D. .
The Paster Thomas E. Rawls was licienced by the congeration
of Central Baptist Church,Deer Park Texas,of which he has a-
ttended since 1959 and was called into the ministry. The con-
geration of which he has many long standing friends. Our Pas-
ter was ordained by Rev.Russel Ore of Grace Baptist, Medilot-
ian Texas. The purpose of Grace Baptist Church is to serve our
community as a Baptist Church by reaching lost souls and bapt-
ising them in the name of Jesus Christ.
Grace Baptist applied for and recieved incorporation statis
on April 12,1990,also we applied for and recieved non-profit
exempt statis on March 6,1990.
Grace Baptist is currently trying to secure a special use pe-
rmit to build a church in the future on land located on ave
L and Valleyview,before our closing date on July31,1990. It is
the intent of our church to build a buliding that will meet and
exceed the requirements of the City of La Porte,on a building
that is designed by Morton Buildings,Waco Texas the buildings
size is 42'x 75' of which the max. seatinh is 100. At present
time we have only a congeration of 23 people of which 11 are
children.
We the members of Grace Baptist Church hope and pray that the
information freely given will aid you in your process.
Please let us know as soon as possible, July 31, will be upon
us before we know it
Sincerly,
f&__A6m4� L - Qt'L,�6
Rev.Thomas E.Rawls
RECEIVED
MAY 17 1990
CODE &NFORCENEq
May 8, 1990
To Whom It May Concern:
Re: Lots 7,8,9,26; Block 8; Greendale
La Porte, Texas 77571
We the present owners of the above mentioned property have no
objections to Mr. Thomas Rawls (Grace Baptist Church) request
to have the property usage changed for his specific purpose of
building a church on the property.
Yours very truly.
Linn ev
.ZiAnita Linney
•
•
April 25, 1990
To Whom It May Concern:
RE: Lots 10,11,12,27,28; Block 8; Greendale
La Porte, Texas 77571
I the present owner of the above referenced property have no
objections to Mr. Thomas Rawls (Grace Baptist Church) request
to have the property usage changed for his specific purpose
of building a church on the property.
Yours very truly,
A'(z! gu—s a Johnson �/
•
E
April 25, 1990
To Pfhom It May Concern:
RE: Lots 22,23,24,25; Block 8; Greendale
La Forte, Texas 77571
We the present owners of the above referenced property have
no objections to 'Mr. Thomas Rawls (Grace Baptist Church) request
to have the property usage changed for his specific purpose of
building a church on the property.
0
•
Requested For:
SPECIAL CONDITIONAL USE PERMIT REQUEST
#SCU90-004
Grace Baptist Church
Legal Description: Lts 7-12 & 22-26 of Blk 8; Greendale
Subdivision which is further described
as 11141 North "L" Street (See Exhibit
A)
Zoning: R-1, Low Density Residential (See
Exhibit B)
Requested By: Reverend Thomas Rawls, Pastor, Grace
Baptist Church
Purpose of Request: To secure a Special Conditional Use
Permit to allow construction of a new
church and accessory parking facilities.
Background•
The property on which Grace Baptist is planning to build is
located on North "L" Street in Lomax approximately 200 feet west
of Valley View Drive. The church property is zoned R-1 Low
Density Residential. Zoning Ordinance Section 5-600, Table A
requires that a Special Conditional Use Permit be obtained before
the construction or expansion of any religious facility in a Low
Density Residential Zone.
Requirements to be considered when reviewing a S. C. U.
Permit are:
I. Section 5-800 Special Use Performance Standards
A. Screening
B. Traffic Control
C. Compatibility with Surrounding Area
D. Required Licenses Obtained
E. Compatible Alterations and Adequate Parking
II. Section 10-202. Conditions for Approval [of a S.
C. U. Permitl
A. That the specific use will be compatible with
and not injurious to the use and enjoyment of
other property, nor significantly diminish or
impair property values within the immediate
vicinity.
Page -2-
B. That the conditions placed on such use as
specified in each district have been met by
the applicant.
C. That the applicant has agreed to meet any
additional conditions imposed, based on
specific site constraints, and necessary to
protect the public interest and welfare of
the community.
These issues will be discussed in the next section of this
document.
Analysis•
The applicant has, in conjunction with this request,
submitted a property survey and a hand drawn site plan. (See
Exhibit C). The site plan, as drawn, appears to accurately
reflect the tract of property identified on the survey. (The
survey does include two additional lots). It should also be
noted that public notice for this request was based on an
application that did not reference lots 27 and 28. The applicant
is not proposing any development for these lots at this time.
They will not be covered by any S. C. U. permit granted based on
this request.
The documents submitted satisfy Zoning Ordinance
requirements for S. C. U. requests. It must however, be clearly
understood that should the requested S. C. U. permit be granted,
a formal Certified Site Plan, indicating compliance with all
applicable City requirements, will be required from the
applicant. A Certified Site Plan is essentially a survey of
tract of property which indicates the dimension and location of
all existing and proposed improvements to be located on the
property. Items typically noted on a Certified Site Plan include
(but are not limited to) building and parking foot prints,
landscape plans, location of utilities and setback lines.
The minimum building setbacks for religious institutions
located in residential zones are: Thirty (30) feet front; twenty
(20) feet rear; ten (10) feet side. The applicant's site plan
indicates the following building setbacks: Fifty five (55) feet
front; seventy (70) feet rear; ten (10) feet west side; two
hundred (200) feet east side. As proposed, the church building
will meet City setback requirements. (See Exhibit C).
u
Page -3-
This property fronts on both North "L" Street and Fieldcrest
Drive. Both faces of this property will be subject to front
setback requirements. As drawn on the site plan, the "future
Sunday School Annex" has a "front" setback of twenty (20) feet.
There is more than adequate room to shift all the proposed
improvements ten (10) feet south in order to achieve setback
compliance for the Sunday School Annex. (See Exhibit C).
Setback compliance will be confirmed by the Certified Site Plan.
Regarding the specific conditions listed in the background
section of this report.
Section 5-800:
Screening:
The purpose of the ordinance's screening requirements
is to improve the aesthetic appearance of a site by obscuring
from view buildings and areas, that are unsightly or
architecturally incompatible with the surrounding area. Parking
lots of religious facilities are subject to screening
requirements. Rather than requiring a solid landscape screen
which could lead to security problems, the City will require a
planting plan which will intersperse trees and low plantings.
The "screening" will count towards the six per cent (6%)
landscaping requirement of Section 5-200, Table B. A landscape
plan, to be approved by the Director of Community Development is
a normal component of the Certified Site Plan.
Traffic Control:
This paragraph states:
The traffic generated by a use shall be
channelized and controlled in a manner that
will avoid congestion on public streets,
safety hazards, or excessive traffic through
low density residential areas. The traffic
generated will not raise traffic volumes
beyond the capacity of the surrounding
streets. Vehicular access points shall be
limited, to create a minimum of conflict with
through traffic movements, and shall be
subject to the approval of the Director of
Community Development.
•
•
Page -9-
The City's Thoroughfare Plan classifies North "L" Street as
a "secondary arterial" which is proposed for eventual linkage
with Barbour's Cut Blvd. (Comprehensive Plan Vol. I). As such,
the street should have adequate capacity to accommodate any
traffic generated by this church. A condition which the
Commission may wish to attach to this permit, is a prohibition
against driveway entrances on Fieldcrest Drive. This prohibition
would serve to limit traffic flow through the Greendale
Subdivision. Size and location of driveway entrances (which must
be noted on the Certified Site Plan), will be subject to the
requirements of Zoning Ordinance Section 10-605. Additionally,
as North "L" Street is a Harris County right-of-way, county
driveway permits will also be required.
Compatibility with Surrounding Area: This section states that a
building "shall not be so dissimilar to the existing buildings or
area as to cause impairment in property values or constitute a
blighting influence within a reasonable distance of the
development." The applicant is proposing to construct a
rectangular, single story church building. The building is to
have a metal roof, metal side and rear walls with a wood and
brick facade on the front. (See Exhibit D). It is the
Commission's charge to determine whether or not this building
design is compatible with the surrounding neighborhood.
Required License Obtained:
This item is not applicable to this request.
Compatible Alterations and Adequate Parking:
The issue of compatible alterations is not applicable to
this request. Regarding parking, Reverend Rawls, in his
application letter, states that the sanctuary will have a maximum
seating capacity of one hundred (100) persons. Based on this
figure, the zoning Ordinance requires parking for a minimum of
thirty five (35) vehicles.
The applicant's site plan indicates a 5,000 square foot
parking lot with an additional adjacent 5,000 square feet
dedicated for future parking. Based on a standard square footage
per vehicle formula, parking spaces and maneuvering aisles for
thirty five vehicles will occupy at least 9,000 square feet.
There is an adequate area dedicated for parking but, the
applicant will have to construct full parking facilities at the
onset of the project rather than developing it in phases.
0
•
Page -5-
Section 10-202:
This section sets three conditions which must be met by the
applicant. The first of these conditions requires that the use
be "compatible with and not injurious to the use and enjoyment"
of surrounding property. The Commission must determine whether
or not the application can satisfy this condition.
The next condition states, "the conditions placed on such
use. . . have been met by the applicant". Should this permit be
approved, it will be staff's responsibility to insure compliance
on the part of the applicant. The Certified Site Plan will be
one of the staff's primary tools to insure the applicant's
compliance.
The final condition, "that the applicant has agreed to meet
any additional conditions imposed," must be attested to by the
applicant in the course of the Commission and City Council Public
Hearings.
Conclusion:
The request (SCU90-004) meets Zoning Ordinance prerequisites
and is therefore eligible to be considered for a Special
Conditional Use Permit. Should the Commission recommend approval
of this request, staff would suggest that the following
conditions be attached to the permit.
1) Parking: Parking for a minimum of thirty five (35)
vehicles shall be provided. Parking facilities shall
be constructed in accordance with the requirements of
Zoning Ordinance Section 10-600, off street parking
requirements.
2) Landscaping and Screening: A planting plan for the
perimeter of the parking lot shall be submitted as a
component of the applicant's landscape. The landscape
planing plan shall be included on the applicant's
Certified Site Plan. The landscape plan shall require
approval by the Director of Community Development.
3) Driveway Access: All driveway access to this tract
shall be located on North "L" Street. There shall be
no driveways accessing Fieldcrest or Valleyview Drives.
• 0
Page -6-
Options:
1) Approve permit
A) As requested by applicant
B) With conditions suggested by staff
C) With additional or amended conditions
II) Deny permit
III) Table request for further consideration at a future
date.
20 21 22 23 24 a °r 25 2Cnt 27 I 28 1 29
% I 11d fit• 6R.
i
FI ELDCREST DRIVE (Go -Row)
( No Pavement -5tree} Unimproved)
EAST 300.00'
0 25 4UILDING LINE AS SM01N4 N PLAT -
O 0 _ .. �.
8 o
0
14 13 F 12 11 10 9 8 7 = 6 5 4
� pp_
,
WEST E�tST 100.00 T g
r---- - - �- - - -
• �.� „ o w
�6e} I'P,pe
� g
19 20 I 21 8 22 1 23
2
- L-- -- I .•P� 5o
I! L 11
'.,Gt I' Ppe
I '
24 25 26 27
8 / 25 50ILVING LIN As sN
W EST '550.00'
0
0
28
00 29
ON PLAT
~
in
het I"P�
Fbin}•y�'grj�nriing
O
M
RECEIVED
JUN 1 1990
CODE ENFORCEMENT
STREET (80. R.o.w. 0su2vr:-`r MAP
'fALL OF LOTS 7, 8,9,10, It, 12 ANP
L OTC 22, 23, ?A, 25, 26, 27 AND 126
OF r
CHARLES E. BATES
CHARLES E. BATES
4110
& ASSOCIATES
f;9° �v:Q.
COMMERCIAL 8 RESIDENTIAL
slisi�
—
LAND SURVEYING
3 here Dyuret[y that thfa enrvey vss uda on the ground, that
,
PURCHASER
7thL
I.correctly c.PreunI the tact• found at the tl.. of
survey and the thla protu.tonel grvlu confereeto tM
G-IrgGC �oIgf Churchcurrent
Ter.. Surveyor. Association Standard. and Spoeiflcatlona
for .Category lA Condition 1�1Survey. ,/J
LOT
BLOCK
RECORDING
`�1�3 �o.
AD
vOl. I10 PAGE 1 M/R
Public S
ZRAfLTS-1. eg etere u c Surveyor o.—LTR3—
ADDRESS
COUNTY
NOIL: 7IIIS SURVEY IIAS NOT BEEN ABSTRACTED BY THE SURVEYOR.
Vacxn} Lot?
HAIZ05
THIS PROPERTY IS NOT IN THE 100 YEAR 111000 PLAIN.
7ONE"C"FIF:MrlP1�485487-0010DCNw1/1985)
GoF. NO. o o
Si.ALE
DATE
u_, no-
0
N
Y
N
wi
De
Ws
1=
t
Ls
}
a
0
U
' 3
' 0
J
a
j W
W W
z Y
Z
w
Q.
0
I
w N
W U'
J; Z
IL o
0j w
U 3
w0
r m
o a
::): 0
0 V
_. w
w W
d CL 3
w W Z
t d w
a 0
C'.�rs�-rcc��rj.' /YjuF�en 13�c'/dens
/ems
1
�jvY`d of na-* 0y •�l� Ip
� f���' _• � Ce.r��"� ift
If
Y 1 '
441
s
C G C
LeG
n.
EXHIMT B
0
is
BLDG. PLAN : SECTION
BLDG. SERIES: 300
BLDG. STYLE : 334
BLDG. WIDTH 42'
BLDG. HEIGTH: 10'0'
41'9"
RECEIVED
JUN 13 1990
CODE ENFORCEMENT
Co
X
W
ER STRIP
O.G. GUTTER
.ED FASCIA
DATE: 3-BI
.yi 1�' f �L. .• ! � ,1. M
cy.
,.� ;¢; � ,� * e[ a,"ft �tt''..'.��Sf ar `a .1 t'• by't c -'.' �'f .. � �rw( Aj E
ki
4 a Y 1
',i e+�r�'1'! j'�r +,f '�f •Ek'c 1Ye. na �Mllj Jiq 1 ryr�,r 6...' / r y! «• � i -, � � Y��}v ., �����".� af. ,C,� �' ��« �' ��
fs �,; �I �'d a ��"7`NLJ21!!ZK��XT�. r '� �a(}Y+ °rK ''�i r^�,4 ,.+ � b., '?� „r •'.� a A=.� •�ttt
S�� t� A!=A�r�� a�*+� }'�-����. �•S�' `T,^•-x �4, ��r' +�rl L—'=J '`�1 t �1 1�¢4 4S .
.l3 �� P•��v y"Q3ia ,� "�lt. � '*�' � -� �! °�a'nk _ v •s }. l .�.
"+ die: �" t ��it' '�'" a �, 'Jy' k rr � � � Y": j •rV. � ` y.,
f dAA X
�
(�
,� yJ i,�y��t, ."1���'�'��,x t '`i {�cs k+•,��1C:4��v�"k:,r� �taFr��'.se w� ,. .r r�%'�, fbf"rY't'�� yC�',-fit 3r r:
qr y,t r r✓^7�%1, br.,,,,� P cr ^� '��v -� 4 • f a _t �}'
.. s t� . '� : aye' ���, Ta �1 '� 1 L . 's•� � � t'' o 1
_. .a-. ���",', �j�r, Po+. x!.a!A 4t �'`'�{�. v..y:a:'a:� � .0 ''. . n klw.. ...: �l ., �'i•'_ .��1�#.`e.+. i.� .x �.d � ... t , _ ...
IA
$fi 1�E •"1f Lys t 4KY-`�'1� Y JI'!1Df�' ,l t
. �'•^".:'�„r��!'1J�'6�F'-+:*�.T'S'•W".I�O�P�1�1'AfOr�f?7['wC'9!1e�Rs'm7i'f,yrw�e.•,x�-rt'ar+_'R.rn7us+rLre`,tt�:,,�:cs,.,.,:dy,5.r;r.;.,�.K.,.y,..r.�w'r::c.;,•ar,...t„.::�,�•'�„a..i .
i`�Iti'�`"`� '.--.•r.rr '1. .„x� �. 4P;�iriwty. g: 1 ra�,Oe'�
r
iy
J�.i ^�'4,i71 t
"�F j1j •T�� t R', s 4 � 1 L + �
t,R �f,�^^^���... ! ! d�4
4."``,b 'y f ii x< •4+,1.1-,
�J'rr^kk�.I.l,�a. Sdy .r R�
k � •� �JJLL j
r 1:..i."A i
}
3
`{t�'...�pa Jr �7► 'c ,M.i J+I �a '„f..'.
d r � YS��7t �1 ., r `i "
.dr
a
Lu rra.i r. Ja..+ '•. n.1 1
'
�` aoi. a.t4 ^fii':M r' . r4.C+: .1.iw''y,.i .i•3 i�K�
.11a i. r w
z +!"�
uil 'dtM41�A.ti aA hY'A:r„+ y'4 t.!i �.
trA.N1.n...Awi h
'----
0 •
CITY OF LA PORTE
SPECIAL CONDITIONAL USE PERMIT
Ordinance 41501
Permit No. SCU90-004 CLP Job No. N/A
This permit issued to:
For Development of:
Zoning: R-1
Rev. Thomas Rawls
Owner or Agent
11702 North Avenue"P"
Address
Grace Baptist _Church ^,
Development Name
11141 North "L" Street
Address
Lts 7-12 & 22-26; Blk 8;
Greendale Subdivision
Legal Description
PERMIT CONDITIONS
Failure 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.
Additional Conditions: Not Applicable
Validation Date: July 23, 1990
Zoning Administrator
City Secretary
CITY OF LA PORTE
PiiOr,L 1713) 471-5020 • Fl. O Box 1I15 • Ln PORIL, iLxns 7'7571
July 16, 1990
Mr. Walter L. Jones
Director
Harris County Community Development Agency
3100 Timmons Lane, Suite 330
Houston, Texas 77027
Dear Mr. Jones:
The purpose of this letter is to officially inform your agency that
the City of La Porte has agreed to enter into a cooperative
agreement with Harris County to undertake or assist in the
undertaking of community development and housing assistance
activities within our city for the next three fiscal years, 1991,
1992, and 1993.
Although this action was approved by the La Porte City Council
during a regular Council session held on Monday, July 9, 1990 it
has not been approved in the form of an ordinance. However, this
item has been placed for consideration by Council at an upcoming
Council meeting.
Please inform me if any questions regarding this correspondance
arise.
Sincerely,
G?A-,,t T, [�..Q ��
Robert T. Herrera
City Manager
RTH : J B
cc: Mr. R.D. Smith, HUD,
Office of Community Planning and Development
9 •
ORDINANCE NO.
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT FOR A COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM BY AND BETWEEN THE CITY OF LA PORTE,
TEXAS AND HARRIS COUNTY; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. 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 at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
Civil Statutes Annotated; and that this meeting has been open to the
public as required by law at all times during which this ordinance
and the subject matter thereof has been discussed, considered and
formally acted upon. The City Council further ratifies, approves
and confirms such written notice and the contents and posting
thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 23rd day of July, 1990.
CITY OF LA PORTE
Norman L. Malone, Mayor
ATTEST:
Cherie Black
City Secretary
APPROVED:
Knox W. Askins
City Attorney
•
0
THE STATE OF TEXAS
COUNTY OF HARRIS
A G R E E M E N T
This Agreement, made and entered into by and between Harris
County, a body corporate and politic under the laws of the State of
Texas, hereinafter sometimes referred to as "County", and the City
Of La Port-P , a municipal corporation under the laws
of the State of Texas, hereinafter sometimes referred to as the
"City."
W I T N E S S E T H•
WHEREAS, the City has elected to have its population included
as a portion of that population of the County in the County's
"urban county" application to the U.S. Department of Housing and
Urban Development for the seventeenth, eighteenth, and nineteenth
years funding for the Community Development Block Grant Program,
said application being hereinafter sometimes referred to as the
"Grant Application;" and
WHEREAS, the County is willing to include all of the City's
population in the Grant Application and to cooperate with the City
in the implementation of the City's Community Development Program;
and
WHEREAS, the Texas Legislature has enacted the "Texas
Community Development Act of 1975," codified as Chapter 373 of the
Local Government Code, Tex.Rev.Civ.Stats., which provides, in part,
for the authorization of cities to implement a community
development program; and
WHEREAS, the Texas Legislature has further enacted "The
Interlocal Cooperation Act," codified as Art. 4413 (32c),
Tex.Rev.Civ.Stats., which provides, in part, that the County may
contract with the City to perform governmental functions and
services for the City;
NOW, THEREFORE, KNOW ALL MEN BY
County, and the City, in consideration
agreements herein contained, do mutually
THESE PRESENTS: That the
of the mutual covenants and
agree as follows:
c.a. no. 26,552
•
I.
The City agrees to allow the County to include the City's
population in the Grant Application, and the County agrees to
include the same in the Grant Application.
II.
The City agrees to allow the U.S. Department of Housing and
Urban Development to use the City's population and other necessary
demographic characteristics in the determination of whether the
County will qualify as an "urban county" as defined in the Housing
and Community Development Act of 1974, as amended, and the rules
and regulations promulgated pursuant thereto.
Wrow
The County and the City agree to cooperate in undertaking, or
assisting in undertaking, community renewal and lower income
housing assistance activities, specifically urban renewal and
publicly assisted housing.
IV.
The City acknowledges that they are aware that the Grant
Application has not yet been completed or submitted to the U. S.
Department of Housing and Urban Development and that no
determination has been made at the time of execution of this
agreement as to where and for what purposes the seventeenth,
eighteenth and nineteenth years funding, if any, for the Community
Development Block Grant Program will be sought or expended. In
this regard it is agreed that Harris County shall not be obligated
to seek funds for expenditure in the City or for assistance to
residents of the City in the Grant Application. If such funds for
expenditure in the City or for assistance to its residents are
awarded as a result of the Grant Application, the County may, in
its sole discretion, override such distribution of the award and
spend such funds elsewhere and/or for other purposes when necessary
or desirable in order to achieve compliance with Title I of the
Housing and Community Development Act of 1974, as amended, and all
appropriate implementing regulations applicable thereto. The City
has received no assurance, written or oral, from the County to the
contrary, and is aware that the execution of this contract does not
constitute any guarantee on the part of the County that funds
received pursuant to the Grant Application, if any, will be
expended for projects within the City limits of the City or for
assistance to the residents of the City.
•
V.
This agreement shall remain in full force and effect for the
entire seventeenth, eighteenth and nineteenth years funding period
covered by the Grant Application (July 1, 1991 through June 30,
1994), and for such additional time as may be required for the
expenditure of funds granted to the County for such period. The
City acknowledges that they have been advised and are aware that
federal regulations applicable to the Grant Application do not
permit the County to allow the City to withdraw from this agreement
or otherwise terminate this agreement at any time during this
period.
VI.
In the performance of this Agreement, County and all
cooperating units of general local government executing this
Agreement agree to take all actions necessary to assure compliance
with County's certification required by section 104(b) of Title I
of the Housing and Community Development Act of 1974, as amended,
including Title VI of the Civil Rights Act of 1964, the Fair
Housing Act, section 109 of Title I of the Housing and Community
Development Act of 1974, and other applicable laws.
The City agrees and understands that Harris County is
prohibited from funding activities in or in support of any
cooperating city that does not affirmatively further fair housing
within its own jurisdiction or that impedes Harris County's actions
to comply with its fair housing certification.
VII.
The City agrees and understands that pursuant to 24 CFR
570.501(b), it is subject to the same requirements applicable to
sub -recipients, including the requirement of a written agreement as
set forth in 24 CFR 570.503.
VIII.
Should the U. S. Department of Housing and Urban Development
reject or refuse to accept this agreement for any reason, the
County may terminate this agreement by giving written notice of the
same to the City.
IX.
The County and all cooperating units of general local
government executing this agreement agree that the County has
3
•
•
authority to carry out activities which will
CD Block Grants from Federal Fiscal Years
appropriations and from any program income
expenditure of such funds.
X.
be funded from annual
1991, 1992 and 1993
generated from the
This agreement shall be of no force and effect unless and
until it is executed by both parties hereto and certified by
counsel for all parties hereto on the forms set forth below.
IN TESTIMONY WHEREOF, this instrument has been executed in
triplicate originals, each to have the force and effect of an
original as follows:
IN WITNESS WHEREOF this instrument in duplicate originals, has
been executed by the parties hereto as follows:
a. It has been executed on behalf of Harris County on
the day of , 1990, by the
County Judge of Harris County and attested by the
County Clerk of Harris County pursuant to an order
of the Commissioners Court of Harris County
authorizing such execution;
b. It has been executed on behalf of the city on the
day of 1 1990, by its
Mayor and attested by its City Secretary, pursuant
to ordinance of the City Council of the City
authorizing such execution.
ATTEST:
ANITA RODEHEAVER, County Clerk
By
KEVIN MAUZY, Deputy County Clerk
ATTEST:
By
City Secretary
HARRIS COUNTY
JON LINDSAY, County Judge
CITX
Mayor
4
• 0
CERTIFICATE OF CITY ATTORNEY
I have examined the foregoing Agreement, and as City Attorney
of the City named therein, I certify that the terms and provisions
of this Agreement are fully authorized under state and local law
applicable to the City (including but not limited to the City's
Charter and Ordinances).
Date
City Attorney
CERTIFICATE OF COUNTY ATTORNEY, HARRIS COUNTY, TEXAS
I have examined the foregoing Agreement, and as statutory
civil counsel to the County named therein, I certify that the terms
and provisions of the Agreement are fully authorized under state
and local law, and that this agreement provides full legal
authority for the County to undertake or assist in undertaking
essential community development and housing assistance activities,
specifically urban renewal and publicly assisted housing. To the
extent that this certificate relates the state and local law
applicable to the City (including but not limited to the City's
Charter and Ordinances), this certificate is given in total
reliance upon the foregoing Certificate of City Attorney and the
undersigned disclaims any responsibility or liability for the City
Attorney's and the errors or omissions, if any, in making such
certificate.
Date
MIKE DRISCOLL
County Attorney
By
JAMES M.
Assistant
ANDERSEN
County Attorney
5
O R D E R
THE STATE OF TEXAS §
COUNTY OF HARRIS §
On this the day of 1 1990, the
Commissioners Court, sitting as the governing body of Harris County,
Texas, at a regular meeting, upon motion of Commissioner
seconded by Commissioner , duly
put and carried,
IT IS ORDERED that the County Judge Jon Lindsay be, and he is
hereby, authorized to execute, and Anita Rodeheaver, County Clerk, is
hereby authorized to attest, for and on behalf of Harris County, an
Agreement between Harris County, and the City of La Porte
for the purpose of cooperating in the County's Community Block Grant
Application for the seventeenth, eighteenth and nineteenth years
funding, which Agreement is hereby referred to and made a part hereof
for all purposes as though fully set out herein.
July 18, 1990 0
•
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: July 23, 1990
Requested By: Knox W. Askins Department: Legal
Report X Resolution Ordinance
Exhibits:
Attached proposed Resolution 90-6
City Council passed and approved Resolution 90-1 on February 12,
1990, authorizing the City Attorney to acquire right-of-way on
Elizabeth Lane. All survey work, title examination, and appraisal
of the subject tract have been obtained and examined by the City
Attorney, in preparation for the hearing.
Enclosed proposed Resolution 90-6 authorizes C. Charles Dippel, as
Special Counsel to the City, to handle the actual condemnation
hearing. It is anticipated that this hearing will be held during
the month of August, 1990, so that the right-of-way can be open for
ingress and egress by students at Lomax Elementary School, when
school starts in the Fall.
Action Required by Council:
Passage of Resolution 90-6
Availability of Funds:
General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other (Motor Pool Replacement Fund)
Account Number: Funds Available: _ YES _ NO
Ayed for City Council Agenda
Ro Herrera D E
Ci y Manage r
0 •
RESOLUTION NO. 90-6
WHEREAS, the City Council of the City of La Porte has found and
determined that public necessity requires the location of a public
right-of-way on the hereinafter described real property, in the City
of La Porte, Harris County, Texas; and
WHEREAS, the City Council of the City of La Porte has found and
determined that the fee simple title in and to the hereinafter
described real property is suitable and needed for such purpose, and
that it is necessary to acquire same for a public right-of-way;
WHEREAS, the City Council of the City of La Porte deems it
advisable to authorize, and does hereby authorize, C. Charles
Dippel, Attorney, as Special Counsel, to represent the City of La
Porte in the acquisition of the hereinafter described property:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LA PORTE:
That the C. Charles Dippel, as Special Counsel for the City of
La Porte, be and he is hereby, authorized to negotiate with the
owners of the hereinafter described land, concerning the acquisition
by the City of La Porte of the fee simple title thereto, at the fair
market value for same, and, should said Special Counsel, as the duly
authorized representative of the City of La Porte, be unable to
agree with such owners as to the fair market value of such fee
simple title, then, and in that event, said attorney be, and he is
hereby authorized and directed to file against all owners and lien
holders, proceedings in eminent domain to acquire the fee simple
title to the real property described on Exhibit "A" attached hereto,
for public right-of-way purposes. The City Council. hereby ratifies
and confirms all actions of said Special Counsel in this matter.
PASSED AND APPROVED this the 23rd day of July, 1990.
CITY OF LA PORTE
By: ---- --
Norman L. Malone, Mayor
ATTEST:
CherielBlack, City Secretary
APPROVED:
Knox W. Askins, City Attorney
• 0
CITY SECRETARY'S CERTIFICATE
I hereby certify that the above and foregoing is a true and
correct copy of a resolution, passed and approved by the City
Council of the City of La Porte, at a regular meeting thereof, at
which a quorum of said City Council was present, and voted in favor
of the passage of said resolution.
WITNESS MY HAND, this the
THE STATE OF TEXAS §
§
COUNTY OF HARRIS §
day of July, 1990.
Cherie Black, City Secretary
BEFORE ME, the undersigned authority, on this day personally
appeared CHERIE BLACK, known to me to be the person and officer
whose name is subscribed to the foregoing instrument, and
acknowledged to me that she executed the same for the purposes and
consideration therein expressed, and in the capacity therein stated.
WITNESS MY HAND, this the day of July, 1990
Notary Public, State of Texas
Commission Expires:_____ _
•
0
METES AND BOUNDS DESCRIPTION
0.1678 ACRE 'TRACT
Being an 0. 1678
acre. ('7311. sq. ft.
) tract compri-ing
part. of
Outlots 423 and 424,
Lft Porte Outlots
(Vol. 61 , Pg. 374,
Harri:,
County Deed Record:-),
Enoch Brinson Survey,
A-5, La Porte.
Harris
County, Texas. The.
0.1678 acre tract
a- aurveyed by H.
Carlos
Smith. Engineers &.-3'urveyors,
Inc. , on
January 26, 1989,
is more
particularly described
by metes and bounds as follows:
Beginning
at a 1/2 inch iron
rod found for
the Southeast
corner of that
certain Robert L.
Browning?, Jr.
and wife Linda
Carol Browning
0.7576 acre tract (H.C.C.F.
No. L 292029)
and also
being the Southeast corner of that
certain tract
conveyed by A.
N. Browning to
Robert L. Browning
and wife Betty
Browning (Vol.
2473, Pg. 565,
H.C.D.R.).
Thence, WEST; coincident with the South boundary line of
said Robert L. Browning, Jr. tract and the North right-of-way
line of Elisabeth Lane (bayed on a width of 50.00 fret); pas -ling
aL 110.00 feet a 1/2" iron rod found for. the Southwest corner of
said Robert L. Brownint?, Jr. tract; pas sing at 135.26 feet (hall
135.00 feet) a 1/2 inch iron rod found for the .southwest corner
of said Robert L. Browning tract; on the. West boundary line of
Outlot 424 (as per Browning deed) and from which the Northwest
corner of Outlot 424 bears NORTH-425 feet; passing at 144.64 fret
a 5/8 inch iron rod :jet. on the Fast boundary line of that certain
LA PORTE INDEPENDENT SCHOOL DISTRICT tract (H.C.C.F. No. E
628500) and the East boundary line of Outlot 423 as surveyed by
H. Carlos Smith, Engineer.- &. -,urveyors, Inc., on November 23,
1976; for a total distance of 146.14 feet to a 6 foot chain link
fence at the Northwest corner of -this 0.1678 acre tract.
Thence, SOUTH 0 degree- 10 minutes 02 seconds West;
coincident with said 6 foot chain link fence; a distance of 50.00
feet to the Southwest corner of this 0.1678 acre tract.
Thence. EAST; passim? at 1.5 feet. a 5/8 inch iron rod set on
the East boundary line of said La Porte Independent School
District tract (East Here. Outlot 423); passing at 11.03 feet a
1/2 inch iron rod found disturbed 0.23 No., for the Northwest
corner of that certain R. L. Browning and wife Betty Browning
tract (H.C.C.F. No. B 335320) on the West boundary line of Outlot
424; continuing East with the South right-of-way line of
Elizabeth Lane and the North boundary line of said R. L. Browning
tract for a total distance of 146.29 feet to the Northeast corner
of said R. L. Browning tract and the Southeast corner of this
0.1678 acre tract.
Thence, NORTH;
BEGINNING.
a di-tnnce. of 50.00 feet to the POINT OF
KEVIN A. OLSON
TEXAS REGISTERED PUBLIC SURVEYOR NO. 4524
DATE: JANUARY 29, 1.990
JoB NO: 241 1 --()O
��P,�Eo�•rF+
....................
�KkVIN A. OLSON
.... ............off.
o:R 4524 0 Q
�'c l 2413
s
L s�::i7
!S
iI72
V.1E%i — 1• 1�
o�
r4
I
o,
o
.I
�� Y 1. %� U.�� : =l.h.✓ram,-...
�
:o
J
0
D �. •'
.. y:J. '::=�
v'�LCt 1'VT 1 D'�`^^�►'ti:i :"Cc,.,,
✓'Cl:�,,¢ Imo•
/.
0
�XHIDIT "f;
Focl� 2 oT 2
• •
LAW OFFICE OF
C. CHARLES DIPPEL
BOARD CERTIFIED,
CIVIL TRIAL LAW
ATTORNEY AND COUNSELOR AT LAW
CIVIL APPELLATE LAW,
1415 LOU ISIANA, SUITE 2550
TEXAS BOARD OF
HOUSTON, TEXAS 77002
LEGAL SPECIALIZATION
July 9, 1990
Mr. Robert Herrera
City Manager
P.O. Box 1115
La Porte, Texas 77511
Re: Browning Case
Dear Robert:
PHONE: (713) 658-0808
TELEFAX: (713) 658-8467
RECEIVED
JUL 9 1990
Ci 1 'f MANAGERS
OFFICE
The enclosed letter from the Brownings' lawyer and my response
are self-explanatory. For the reasons Knox and I discussed when I
accepted the case, what the Brownings want on use of the street is
nonworkable.
Please prepare and place on City Council' s agenda a resolution
similar to 90-1, naming me as special counsel to the City. If
deemed acceptable to Knox, it should be worded in terms of
ratification and confirmation.
Sincerely,
C. CHARLES DIPPEL
CCD:shm
cc: Knox Askins
Enclosures
•
a
LAW OFFICE OF
C. CHARLES DIPPEL
BOARD CERTIFIED,
CIVIL TRIAL LAW
ATTORNEY AND COUNSELOR AT LAW
CIVIL APPELLATE LAW,
1415 LOUISIANA, SUITE 2550
TEXAS BOARD OF
LEGAL SPECIALIZATION
HOUSTON, TEXAS 77002
July 9, 1990
Mr. Tim Hootman
Hootman & Company
908 W. Main Street
La Porte, Texas 77571
Re: Browning Case
Dear Tim:
PHONE: (713) 658-0808
TELEFAX (713) 658-8467
The second provision of your letter of July 3 is unacceptable.
I cannot recommend it to the City.
Eminent domain proceedings will be filed this week. Let me
know whether you will waive service on behalf of the Brownings and
what dates are preferable for the special commissioners' hearing.
Sincerely,
C. CHARLES DIPPEL
CCD:shm
cc: Robert Herrera;/
CLPVB709.L1
HOOTMAN & COMPANY
Attorney at Law
Timothv A. Hootman
Telephone
(713) 470-9838
July 3, 1990
Mr. C. Charles Dippel
1415 Louisiana,
Suite 2550
Houston, Texas 77002
Re: Elizebeth Lane - Condemnation - Brownings
Dear Mr. Dippel:
908 W. Main Street
La Porte, Texas 77571
I have spoken with my clients regarding an agreement with
the City of La Porte in the above referenced matter. They
would accept the following:
(1) $5,000.00; and
(2) Transfer of their entire interest in the property,
except the property would be used only in the
following manner for 10 years and thereafter as the
City sees fit with no limitations: (a) only as a
passway for children attending the adjacent school
during school hours, and (b) a gate would be placed
which could be locked during off -school hours by the
Brownings and City personnel.
I sincerely hope this will be acceptable to the City as
a means of resolving this matter. If you forsee a problem,
please call me to discuss this more fully.
Sincerely,
Timothy A. Hootman
Postscript: I will be out of town until July 17.
RECEIVED
JUL 0 6 1990
LAW OFFICE OF
C, CHARLES WPPEL
0 •
REQUEST FOR CITY COUNCIL AGENDA ITEM
AGENDA DATE REQUESTED July 23, 1990
REQUESTED BY Jeff Litchfield DEPARTMENT Director of Finance
X REPORT
RESOLUTION
EXHIBITS: Letter to City Council dated July 16, 1990
SUMMARY AND RECOMMENDATION
ORDINANCE
On July 16, 1990, during a workshop meeting, the City Council was presented
with a conceptual drawing of the possible renovation of the Old Bowling Alley
(Broadway) Property into a Senior Citizen/Wellness facility. Also presented
was a list of the proposed funding sources necessary to complete the project.
A summary of proposed Funding Sources is presented below:
Street and Alley Closings $ 448,979
Settlement of Tinker/Lovelace lawsuit 249,666
1985 General Obligation Bond Interest 175,000
Sale of $1,500,000 in General Obligation Bonds 11500,000_
Total
$ 2,373,645
At this time, we need to take action necessary to earmark or reserve the funds
for the renovation. The first two items listed above can be set aside by
performing the steps listed below under Council Action. The third item is
currently in a Bond Fund. As to the fourth item, staff expects to be able to
dovetail the sale of the $1,500,000 in General Obligation Bonds with the
upcoming issue of Revenue Bonds for Water and Sewer Improvements.
ACTION REQUIRED BY COUNCIL:
Instruct the Director of Finance to:
deposit the proceeds from the sale of City property to International
Cargo Network ($362,400) in the General Fund Capital Improvement Fund,
Fund number 015,
amend the Current Year General Fund Budget by $336,245, which represents
prior year's Street and Alley Closing Revenue as well as Proceeds from
the Settlement of the Lawsuit,
transfer the funds just budgeted from the General Fund to the General
Fund Capital Improvement Fund, Fund 015, and,
set aside the above mentioned funds, totaling $698,645, in the General
Fund Capital Improvement Fund, for use in the renovation of the Broadway
property.
AVAILABILITY OF FUNDS:
XX GENERAL FUND UTILITY FUND
OTHER
ACCOUNT NUMBER: N/A FUNDS AVAILABLE: XX YES NO
APPROVED FOR CITY COUNCIL AGENDA
(5 Q4N4 k T' -1 Ili; \9 c)
ROBERT T HERRERA DATE
CITY MANAGER
CITY OF LA PORTE
INTEROFFICE MEMORANDUM
TO: Mayor and City Councils
FROM: Robert T. Herrera, City Manager
a7�
DATE: July 16, 1990
SUBJECT: Recommended funding of new Wellness/Multi-Purpose Center
The council in past goal setting sessions has indicated a high
priority of the City should be the relocation of our senior citizen
program from its current location. The current location offers no
growth, is deficient in parking and operates on a second floor.
To meet their growing needs a new facility must offer a solution
to these concerns and short comings.
Rather then simply attempt to build a new home via the avenue of
seeking a grant or issuing new debt - the concept of combining the
needs of our seniors program with the approved 1985 Bond Issue for
a gymnasium made good fiscal sense. Thus by being proactive and
focusing on the big picture we are able to plan a facility that
should meet the diversified needs of the entire La Porte community.
In order to build the proposed Wellness/Multi-Purpose Center a
total of $2.3 million is needed. After careful consideration, I
offer the following financial plan to accomplish a desired goal.
This plan is "do -able" because we have worked very hard in the last
three and a half years to develop a strong financial condition.
Recommended Action Plan
(1) Street and alley closings $ 448,979
(2) Settlement of lawsuit (Tinker/Lovelace) $ 249,666
(3) 1985 unallocated G.O. Bond Interest $ 175,000
Subtotal $ 873,645
(4) Issuance of 1985 - approved but unissued
unissued G.O. Bonds $1,500,000
$21373,645
Attached please find the Director of Finance's observations and
support in the identification of potential funding sources to make
the recommended financial plan acceptable.
•
CITY OF LA PORTE
INTER -OFFICE MEMORANDUM
TO: Robert T. Herrera, City Manager
FROM: Jeff Litchfield, Director of Finance
DATE: July 10, 1990
SUBJECT: Potential Funding Sources for Renovation of Broadway Property
Recently, you asked me to review certain funds of the City of La Porte to
determine if they could be used in the renovation of the property we
purchased. I have reviewed those funds and have the following recommendation
as to potential funding sources.
Use of Proceeds of Streets and Alley Closings
In the current Fiscal Year, the City of La Porte sold property to
International Cargo Network through the closing of Streets and Alleys. The
proceeds from the sale of these properties totaled $362,400. This revenue
source is outside of the normal realm of General Fund Revenues. In the
current year budget, we did not project that a sale of property of this
magnitude would occur and accordingly, the current year expenditures were not
dependant on the receipt of this revenue.
We have discussed the sale of streets and alleys several times in the past and
I believe that we both agree that the City of La Porte should not use the
proceeds from the sale of an asset to offset operation and maintenance
expenses. Any revenues received from the sale of these assets should be
rolled into another fixed asset of the City. The use of these funds to
renovate the property would be in accordance to that philosophy.
To carry this thought back to past history, we had street and alley closings
in both Fiscal Year's 1987-88 and 1988-89. The combined total of both years
was 86,549. Later in this memorandum, I will explain how these funds could
also be used for the renovation.
Use of Proceeds from Settlement of Lawsuit
In Fiscal Year 1989, the City received a lump sum settlement in the final
determination of the Tinker/Lovelace lawsuit. There was a revenue to the
General Fund of $249,666 caused by the settlement. This revenue source is not
a normal item that would occur in the City and can be considered to be
extraordinary. The result of placing this revenue into the General Fund
increased the balance of the Funds Working Capital. We could also use these
funds in the renovation without any serious financial impact to the General
Fund.
Discussion of General Fund Financial Condition
Since all funds identified above are tied to the General Fund, I will expound
on the impact of using these funds for the renovation.
The City's policy is to maintain a working capital balance between 60 and 90
days of daily operations in the General Fund. Because the above mentioned
revenue sources are not normal in the City's operation, they have increased
the General Fund's Working Capital. The use of these funds for Capital Outlay
will not drop the General Fund below the 90 days of Working Capital.
Method of Gathering and Utilizing Funds
The steps outlined below would remove the above discussed funds and place them
into the General Fund Capital Improvement Fund (015) and earmark them for the
renovation. If the renovation did not occur or the funds were not needed for
the renovation, the earmarking could be removed and they would be available
for other Capital Projects.
City Council would need to:
1. Instruct the Director of Finance to deposit the proceeds from the sale
of City property to International Cargo Network ($362,400) in the
General Fund Capital Improvement Fund, Fund number 015.
2. Amend the Current Year Budget by $336,245, which represents prior years
Street and Alley Closing Revenue as well as Proceeds from the Settlement
of the Lawsuit.
3. Instruct the Director of Finance to transfer the funds just budgeted by
the budget amendment to the General Fund Capital Improvement Fund, Fund
number 015.
4. Instruct the Director of Finance to escrow the above mentioned funds,
totaling $698,645, in the General Fund Capital Improvement Fund, for the
renovation of the Broadway property.
By following the above steps, we can accumulate the funds in the General Fund
CIP Fund (015) and have them earmarked for the renovation.
Interest Income from 1985 General Obligation Bond Sale
In addition to the funds mentioned above, there is also $175,000 in
accumulated Interest Income from the 1985 General Obligation Bonds that could
be used for the project.
i 0
Summary of Funds Available for the Project
The following summary shows funds that could be used for this project.
1. Street and Alley Closings $ 448,979
2. Settlement of Tinker/Lovelace lawsuit 249,666
3. 1985 General Obligation Bond Interest 175,000
4. Sale of $1,500,000 in General Obligation Bonds 1,500,000
Total $ 2,373,645
REQt FOR CITY COUNCIL AGENDA&EM
Agenda Date Requested: July 23, 1990
Requested By: Robert T. Herrera Department: Administration
XXX Report
Resolution
Exhibits: 1. 1990-91 LPAWA Operating Budget
SUMMARY & RECOMMENDATION
Ordinance
The La Porte Area Water Authority Board of Directors approved the
Authority's 1990-91 Operating Budget at its regular meeting held on July
10, 1990. The budget would take effect beginning October 1, 1990 and
ending on September 30, 1991. The enabling legislation requires all
actions of the Authority be approved by the City Council of the City of La
Porte.
The 1990-91 LPAWA Operating Budget is for a total of one million, five
hundred and twenty thousand, one hundred and thirty-four dollars
($1,520,134.), a decrease of $79,866. from the 1989-90 budget of
$1,600,000. This decrease is attributable to the elimination of the one-
time charge of $115,000,. in the 89-90 budget to repay the City of La Porte
for prior years' operation and maintenance costs incurred before the
Authority was fully funded and operational. The only other line item to
change from the 89-90 budget is the purchase of water from the Southeast
Water Purification Plant. All of the customer entities estimated the
amount of water needed to supply their needs for the next fiscal year.
This amount was larger by $48,627.
Staff recommends approval of the La Porte Area Water Authority 1990-91
Operating Budget.
Action Required by Council:
Approve 1990-91 LPAWA Operating Budget as recommended by Staff
Availability of Funds:
General
Capital
Other
Fund
Improvement
Water/Wastewater
General Revenue Sharing
Account Number: Funds Available: YES NO
Robert T. Herrera DATE
City Manager
OPERATOR'S AGREEMENT
This agreement, entered into this day of ,
19 , by and between the La Porte Area Water Authority, acting
by and through its duly authorized officers (hereinafter
sometimes referred to as "OWNER") and the City of La Porte,
Texas, acting by and through its duly authorized officers
(hereinafter sometimes referred to as "OPERATOR").
For and in consideration of the mutual undertakings herein
contained, Authority and City agree as follows:
I.
OPERATOR agrees to operate, maintain, repair, and manage OWNER'S
property during the term of October 1, 1990 through September 30,
1991 subject to termination at any time without cause by either
party giving ninety (90) day written notice to the other.
II.
Operation shall consist of furnishing labor and administrative
support services to provide efficient operation, maintenance, and
management of OWNER'S transmission system, shown on record
construction drawings on file at the La Porte City Hall, and to
provide clerical and administrative support for the billing,
accounting, and other support needed for efficient operation of
OWNER'S transmission system, which includes, but not limited to
the following:
1. Provide operating personnel at all times who
hold valid water works licenses issued by the
Texas Department of Health Resources.
2. Provide operating personnel on -call twenty-
four (24) hours per day, seven (7) days per
week with a twenty-four (24) hour telephone
dispatching service and vehicles equipped
with two-way radios.
3. Provide clerical and administrative support
for billing, accounting, supervisory, and
other support as needed for the efficient
operation of OWNER'S transmission system.
1
4. Daily check, at all customer takepoints,
(including weekends and holidays):
a. All control systems;
b. Take meter readings; and
C. Check all electrical operations.
5. Collect, on a monthly basis, all necessary
water samples as required by local, state and
federal regulations.
6. Run complete chemical analysis of water
supply.
7. Prepare, submit and furnish copy to OWNER of
all required reports to local, state and
federal agencies having regulatory powers
over OWNER'S transmission system.
8. Furnish monthly operational, fiscal and
budgetary reports to OWNER.
9. Prepare operation line -item budget estimate
for OWNER'S approval prior to the termination
of this Agreement.
10. Perform preventive maintenance as required by
equipment manufacturers' operating manuals,
provided by OWNER.
11. Maintain required records of water system
operations.
12. Report to OWNER system improvements and/or
major repairs needed.
13. Prepare, mail and collect monthly bills for
water consumed by all customers, in
accordance with the Accounting Policy
Statement attached hereto as Exhibit "A".
14. Process invoices for materials, supplies and
services necessary to operate the water
supply system.
15. Provide necessary office space in its
facilities for a master control center needed
for the control, historical recording and
reporting of the water transmission system.
K
i
•
OPERATOR shall receive compensation
Section II above in the amount of
payable on or before the 15th
Agreement remains in effect.
IV.
for services enumerated in
$ 3,333.33 per month,
day of each month that this
OPERATOR will procure, to OWNER'S account, supplies, materials,
equipment and services, utilizing funds allocated in OWNER'S
approved budget, attached hereto as Exhibit "B", for the routine
operation of OWNER'S transmission system. OPERATOR shall conform
to all applicable purchasing laws of the State of Texas in the
procurement of all supplies and materials necessary for the
operation of the supply system.
V.
Repairs, adjustments and operation of the system outside of the
scope of services outlined in Section II will be billed to OWNER
on an actual cost basis. Whenever possible, OPERATOR will obtain
advance approval from OWNER prior to beginning non -routine work;
however, OPERATOR is authorized to proceed, unless specifically
directed otherwise, in those cases deemed necessary by the
OPERATOR.
VI.
OPERATOR will exercise good judgment in the replacement of
equipment under this agreement. OWNER will not hold OPERATOR
responsible for guarantees or warranties for such equipment. The
OPERATOR will make responsible efforts to secure normal
guarantees to OWNER.
VII.
OPERATOR is retained by OWNER only for
extent set forth in this Agreement, and
during the period of this Agreement, is
entity, and he shall be free to dispose
entire time not required to satisfy the
in any manner he deems advisable.
considered an employee of OWNER.
VIII.
the purposes and to the
his relation to OWNER,
that of an independent
of such portion of his
terms of this Agreement
OPERATOR shall not be
OPERATOR agrees that all customers of OWNER
treatment under the terms of this Agreement.
3
will receive equal
0 •
IX.
OPERATOR shall be required to operate within the current
guidelines of its governing body and shall notify OWNER of any
possible conflicts with such guidelines, as soon as practicable
after the occurrence of said possible conflicts.
X.
OPERATOR hereby assumes entire responsibility and liability for
any and all damage or injury of any kind or nature whatever
(including death resulting therefrom) to all persons, whether
employees of OPERATOR or otherwise, and to all property caused
by, resulting from, arising out of, or occurring in connection
with the maintenance and operation of OWNER'S transmission system
provided for in this Agreement and if any person shall make a
claim for any damage or injury (including death resulting
therefrom) as hereinabove described, whether such claim may be
based upon the OWNER'S alleged active or passive negligence or
participation in the wrong or upon any alleged breach of any
statutory duty or obligation on the part of the OWNER, the
OPERATOR agrees to indemnify and save harmless the OWNER, its
agents, servants and employees from and against any and all loss,
expense, damage, or injury that the OWNER may sustain as a result
of any such claims and the OPERATOR agrees to assume, on behalf
of the OWNER, the defense of any action at law or in equity,
which may be brought against the OWNER upon such claim and to pay
on behalf of the OWNER, upon its demand, the amount of any
judgment that may be entered against the OWNER in any such
action.
XI.
Before commencing the work, the OPERATOR shall procure and
maintain liability insurance, at its own expense, and procure and
maintain workers' compensation and employee liability insurance
in accordance with the laws of the State of Texas. The OPERATOR
agrees that nothing contained in this paragraph shall limit or
release the OPERATOR from its obligations otherwise provided for
in this Agreement, including assumption of liabilities and
indemnifications to the OWNER.
If the OPERATOR fails to procure and maintain at least the above
insurance, the OWNER shall have the right to procure and maintain
the said insurance for and in the name of the said OPERATOR, and
the OPERATOR shall pay the cost thereof and shall furnish all
necessary information to make effective and maintain such
insurance.
4
0
•
XII.
The OPERATOR for the Contract Price herein provided for, hereby
agrees to pay and shall hold the OWNER harmless against the
payment of all contributions, taxes, or premiums which may be
payable under Federal, State or Local laws arising out of the
performance of the work.
XIII.
If either the OPERATOR or OWNER believes it has a claim of any
nature whatsoever against the other party, it shall give the
other written notice of the amount, whenever possible, and nature
of such claim within forty-five (45) days (or such other time
limits as may otherwise be expressly set forth in the Agreement)
of the occurrence of the event upon which such claim is based.
In default of such notice the claim is waived.
XIV.
All matters relating to the validity, performance,
interpretation, or construction of this Agreement or the breach
thereof shall be governed by the laws of the State of Texas.
IN WITNESS WHEREOF, the parties to these presents have
hereunto set their hands and seals the day and year first above
written.
ATTEST:
Cherie Black, Secretary
ATTEST:
Claude Graves, Secretary
CITY OF LA PORTE
NORMAN MALONE, Mayor
LA PORTE AREA WATER AUTHORITY
By:
Je y ett, President
5
BEAT FOR CITY COUNCIL AGENDAWEM
Agenda Date Requested: July 23, 1990
Requested By: Robert T. Herrera Department:
XX Report
Exhibits: 1. Operations Agreement
Resolution
Administration
Ordinance
SUMMARY & RECOMMENDATION
The City of La Porte agreement with the La Porte Area Water Authority for
the operation and maintenance of the Authority's surface water transmission
system from the Southeast Water Purification Plant to each of the customer
entities' takepoint expires on September 30, 1990.
The LPAWA Board of Directors approved the renewal of the operations and
maintenance agreement with the City of La Porte at its regular meeting held
on July 10, 1990. The agreement renewal contains the same terms as the
original agreement with the City of La Porte receiving payments of three
thousand, three hundred, thirty-three dollars and thirty-three cents
($3,333.33) per month for activity covered under the agreement. Any
operation or maintenance activity not covered by the agreement would be
charged to the Authority at actual cost. All supplies, materials, and
services would be charged to the 1990-91 LPAWA Operating Budget. This
agreement would be in effect beginning October 1, 1990 and expiring on
September 30, 1991.
Staff recommends approval of the renewal of the agreement with the LPAWA
for the operations and maintenance of the Authority's surface water
transmission system.
Action Required by Council:
Approve agreement between the City of La Porte and the La Porte Area
Water Authority for the operation and maintenance of the Authority's
surface water transmission system at a fee of $3,333.33 per month.
Availability of Funds:
General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
XXX Other LPAWA 90-91 Operating Budget
Account Number: 016-600-600-507 Funds Available: XX YES NO
Approved for City Council Agenda
Robert T. Herrera DATE
City Manager
• 0
OPERATOR'S AGREEMENT
This agreement, entered into this day of ,
19 , by and between the La Porte Area Water Authority, acting
by and through its duly authorized officers (hereinafter
sometimes referred to as "OWNER") and the City of La Porte,
Texas, acting by and through its duly authorized officers
(hereinafter sometimes referred to as "OPERATOR").
For and in consideration of the mutual undertakings herein
contained, Authority and City agree as follows:
I.
OPERATOR agrees to operate, maintain, repair, and manage OWNER'S
property during the term of October 1, 1990 through September 30,
1991 subject to termination at any time without cause by either
party giving ninety (90) day written notice to the other.
II.
Operation shall consist of furnishing labor and administrative
support services to provide efficient operation, maintenance, and
management of OWNER'S transmission system, shown on record
construction drawings on file at the La Porte City Hall, and to
provide clerical and administrative support for the billing,
accounting, and other support needed for efficient operation of
OWNER'S transmission system, which includes, but not limited to
the following:
1. Provide operating personnel at all times who
hold valid water works licenses issued by the
Texas Department of Health Resources.
2. Provide operating personnel on -call twenty-
four (24) hours per day, seven (7) days per
week with a twenty-four (24) hour telephone
dispatching service and vehicles equipped
with two-way radios.
3. Provide clerical and administrative support
for billing, accounting, supervisory, and
other support as needed for the efficient
operation of OWNER'S transmission system.
1
4. Daily check, at all customer takepoints,
(including weekends and holidays):
a. All control systems;
b. Take meter readings; and
C. Check all electrical operations.
5. Collect, on a monthly basis, all necessary
water samples as required by local, state and
federal regulations.
6. Run complete chemical analysis of water
supply.
7. Prepare, submit and furnish copy to OWNER of
all required reports to local, state and
federal agencies having regulatory powers
over OWNER'S transmission system.
8. Furnish monthly operational, fiscal and
budgetary reports to OWNER.
9. Prepare operation line -item budget estimate
for OWNER'S approval prior to the termination
of this Agreement.
10. Perform preventive maintenance as required by
equipment manufacturers' operating manuals,
provided by OWNER.
11. Maintain required records of water system
operations.
12. Report to OWNER system improvements and/or
major repairs needed.
13. Prepare, mail and collect monthly bills for
water consumed by all customers, in
accordance with the Accounting Policy
Statement attached hereto as Exhibit "A".
14. Process invoices for materials, supplies and
services necessary to operate the water
supply system.
15. Provide necessary office space in its
facilities for a master control center needed
for the control, historical recording and
reporting of the water transmission system.
2
•
•
OPERATOR shall receive compensation
Section II above in the amount of
payable on or before the 15th
Agreement remains in effect.
IV.
for services en
$ 3,333.33
day of each month
merated in
per month,
that this
OPERATOR will procure, to OWNER'S account, supplies, materials,
equipment and services, utilizing funds allocated in OWNER'S
approved budget, attached hereto as Exhibit "B", for the routine
operation of OWNER'S transmission system. OPERATOR shall conform
to all applicable purchasing laws of the State of Texas in the
procurement of all supplies and materials necessary for the
operation of the supply system.
V.
Repairs, adjustments and operation of the system outside of the
scope of services outlined in Section II will be billed to OWNER
on an actual cost basis. Whenever possible, OPERATOR will obtain
advance approval from OWNER prior to beginning non -routine work;
however, OPERATOR is authorized to proceed, unless specifically
directed otherwise, in those cases deemed necessary by the
OPERATOR.
VI .
OPERATOR will exercise good judgment in the replacement of
equipment under this agreement. OWNER will not hold OPERATOR
responsible for guarantees or warranties for such equipment. The
OPERATOR will make responsible efforts to secure normal
guarantees to OWNER.
VII.
OPERATOR is retained by OWNER only for
extent set forth in this Agreement, and
during the period of this Agreement, is
entity, and he shall be free to dispose
entire time not required to satisfy the
in any manner he deems advisable.
considered an employee of OWNER.
VIII.
the purposes and to the
his relation to OWNER,
that of an independent
of such portion of his
terms of this Agreement
OPERATOR shall not be
OPERATOR agrees that all customers of OWNER
treatment under the terms of this Agreement.
3
will receive equal
IX.
OPERATOR shall be required to operate within the current
guidelines of its governing body and shall notify OWNER of any
possible conflicts with such guidelines, as soon as practicable
after the occurrence of said possible conflicts.
X.
OPERATOR hereby assumes entire responsibility and liability for
any and all damage or injury of any kind or nature whatever
(including death resulting therefrom) to all persons, whether
employees of OPERATOR or otherwise, and to all property caused
by, resulting from, arising out of, or occurring in connection
with the maintenance and operation of OWNER'S transmission system
provided for in this Agreement and if any person shall make a
claim for any damage or injury (including death resulting
therefrom) as hereinabove described, whether such claim may be
based upon the OWNER'S alleged active or passive negligence or
participation in the wrong or upon any alleged breach of any
statutory duty or obligation on the part of the OWNER, the
OPERATOR agrees to indemnify and save harmless the OWNER, its
agents, servants and employees from and against any and all loss,
expense, damage, or injury that the OWNER may sustain as a result
of any such claims and the OPERATOR agrees to assume, on behalf
of the OWNER, the defense of any action at law or in equity,
which may be brought against the OWNER upon such claim and to pay
on behalf of the OWNER, upon its demand, the amount of any
judgment that may be entered against the OWNER in any such
action.
XI.
Before commencing the work, the OPERATOR shall procure and
maintain liability insurance, at its own expense, and procure and
maintain workers' compensation and employee liability insurance
in accordance with the laws of the State of Texas. The OPERATOR
agrees that nothing contained in this paragraph shall limit or
release the OPERATOR from its obligations otherwise provided for
in this Agreement, including assumption of liabilities and
indemnifications to the OWNER.
If the OPERATOR fails to procure and maintain at least the above
insurance, the OWNER shall have the right to procure and maintain
the said insurance for and in the name of the'said OPERATOR, and
the OPERATOR shall pay the cost thereof and shall furnish all
necessary information to make effective and maintain such
insurance.
4
0 0
XII.
The OPERATOR for the Contract Price herein provided for, hereby
agrees to pay and shall hold the OWNER harmless against the
payment of all contributions, taxes, or premiums which may be
payable under Federal, State or Local laws arising out of the
performance of the work.
XIII.
If either the OPERATOR or OWNER believes it has a claim of any
nature whatsoever against the other party, it shall give the
other written notice of the amount, whenever possible, and nature
of such claim within forty-five (45) days (or such other time
limits as may otherwise be expressly set forth in the Agreement)
of the occurrence of the event upon which such claim is based.
In default of such notice the claim is waived.
XIV.
All matters relating to the validity, performance,
interpretation, or construction of this Agreement or the breach
thereof shall be governed by the laws of the State of Texas.
IN WITNESS WHEREOF, the parties to these presents have
hereunto set their hands and seals the day and year first above
written.
ATTEST:
Cherie Black, Secretary
ATTEST:
Claude Graves, Secretary
CITY OF LA PORTE
NORMAN MALONE, Mayor
LA PORTE AREA WATER AUTHORITY
By:
Je y ett, President
5
0
COMMISSIONER
(713) 221-6220 * �*
Cf!�C�
May 29, 1990
Bob Herrera
City of LaPorte
P.O. Box 1115
La Porte, TX 77572
Dear Mr. Herrera:
NORTH CHANNEL ANNEX #26
14350 WALLISVILLE ROAD
HOUSTON. TEXAS 77049
(713)455-8104
RECEIVED,
JUN 1990
CITY MANAGERS
OFFICE
We at Precinct Two would like to update you on our progress
toward a lease contract for the fishing pier at sylvan Beach
Park. Stan and I have visited on the phone several times about
the following possibilities:
1. Harris County relinquish the fishing pier in lieu of the
City of La Porte taking care of our sewer, water and garbage
service. The average cost to Precinct Two is approximately
$400.
2. City of La Porte lease the fishing pier for $500.00 a month,
to offset the water bill, for the next five years. We
renegotiate the contract at the end of five years.
3. Precinct Two supply the Tek Dek and City of La Porte supply
the labor. City of La Porte pay Precinct Two $500.00
monthly to offset the water bill.
Please respond in writing on what City of La Porte has in mind as
far as financial arrangements and the length of the lease for the
fishing pier.
We at Precinct Two look forward to doing business with the City
of La Porte. If you have any questions, please call me at 455-
8104.
Sincer y
Mike Parrott
General Superintendent of Parks
Harris County Precinct Two
MP:ds
cc: Stan Sherwood, City of La Porte
Mike Greer
File
0 0
Bay Area Youth Soccer Association
TO: LaPorte City Council
FROM: LaPorte Youth Soccer Club
Alvin
Baytown
With the continuing growth of soccer in LaPorte and the
Clear Lake
surrounding Bay Area we feel the need to create an entire soccer
Dickinson
complex on the Northwest Park location. As you may have heard the
East Belt
United States will host the 1994 F . I . F . A . World 'tup . As this time
East Lake
arrives, and from then on soccer will become a major sport on the
Friendswood
youth level and upper levels of play. To properly train our city's
Galveston
youth, they must have a park properly maintained to practice and
LaMarque
play games at. We feel that the proposed additions to the park
LaPorte
will not only achieve a better youth soccer player but will also
League City
enhance the beauty of our city.
Manvel/Pearland
We host each year Bay Area Play-offs, Eastern District
Midway6
Play-offs and State Play-offs. This year we co -hosted a tournament
Nasa Area
with Deer Park called the San Jacinto Tournament and plan on
North Channel
making this an annual event. The vvis it4-ng teams, coaches and
Sagemont
officials have said that our fields are some of the finest fields
Surge
that they have ever seen in this area. This is directly because of
Texas City
the support the city gives to our program and we do thank you.
Wildfire
With the additions listed, we feel that LaPorte soccer, at all
levels, will become well .known and respected across Houston and
the Stage of Texas.
1
,
Alvin
Baytown
Clear Lake
Dickinson
East Belt
East Lake
Friendswood
Galveston
LaMarque
LaPorte
League City
Manvel/Pearland
Midway 6
Nasa Area
North Channel
Sagemont
Surge
Texas City
Wildfire
Bay Area Youth Soccer Association
PROPOSALS
Parking along the north side of the tennis courts.
2. Install and irrigate five new soccer fields.
1 - 11 vs. 11 field
2 - 9 vs. 9 field
2 - 7 vs. 7 field
3. Install lighting on all fields for night games.
4. Install security lighting in the park to reduce vandalism.
5. Covered bleachers for all the fields.
6. Drinking fountains at all the bleachers.
7. Fence installed along both drainage ditches and on the
north side of the park along P street.
8. Covered picnic areas with bar-b-que grills.
9. Covered pavilion for afternoon group gatherings.
10. Additional playground equipment for smaller children.
11. Build a bridge across the east drainage ditch for access
to both sides of the park.
12. A two story building consisting of:
downstairs - kitchen used for concessions during
tournaments and other soccer functions.
- bathrooms for public use.
- storage for field equipment.
upstairs - meeting room for monthly and weekly
soccer meetings.
2
Bay Area Youth Soccer Association
Alvin
Baytowl�
Clear Lake
Dickinson
East Belt
East Lake
Friendswuu%A
Galveston
LaMarque
LaPorte
League City
Manvel/Pearland
Midway 6
Nasa Area
North Channel
Sagemont � •
Surge
Texas City r
AIJ_
Wildfire � ,, IQ
K�vn Ccv��cha�,Q
FIX
Xy�
a17'Z-e r-5
F
i 0
Bay Area Youth Soccer Association
Alvin
Baytown
Clear Lake
Dickinson
WO
East Belt
East Lake
Friendswood O-A—
Galveston
Y
LaMarque m
LaPorte
League Cit
Manvel/Pearland
Midway 6yy►-�u,� �I.Q
Nasa Area
North Channel
Sagemont
Surge
Texas City
Wildfire
yJ i
11 A I --_
0
Bay Area Youth Soccer Association
Alvin
Baytown /-'y-
Clear Lake
Dickinson
East Belt
East Lake
Friendswo
Galveston
LaMarque
LaPorte
League City
Manvel/Pearland
Midway 6
Nasa Area
North Channel
Sagemont
Surge
Texas City
Wildfire
0
iAN