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1990-09-10 Public Hearing and Regular Meeting
PUBLIC HEARING AND REGULAR MEETING LA PORTE CITY COUNCIL SEPTEMBER 10, 1990 1. 2. 3. 4. 5. The meeting was called to order by Mayor Malone at 6:00 P.M. Members of City Council Present: Mayor Norman Malone, Councilpersons Guy Sutherland, Mike Cooper, Ed Matuszak, Bob McLaughlin, Alton Porter, Deotis Gay, B. Don Skelton, Jerry Clarke Members of City Council Absent: None Members of City Staff Present: City Manager Bob Herrera, City Attorney Knox Askins, City Secretary Cherie Black, Assistant City Manager John Joerns, Acting Police Chief Bobby Powell, Director of Parks and Recreation Stan Sherwood, Finance Director Jeff Litchfield, Director of Public Works Steve Gillett, Director of Community Development Joel Albrecht, Golf Course Superintendent Dennis Hvalaty Others Present: Pete Fisher, Moroney & Beissner; Sunshine Wilkerson and Jan Lawler; John Black, Bayshore Sun; 11 citizens The invocation was given by City Attorney Askins. Council considered approving the minutes of the regular meeting of Council held August 27, 1990. Motion was made by Councilperson Clarke to approve the August 27 minutes as presented. Second by Councilperson Cooper. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None Mayor Malone proclaimed September 17 through 23 as "Constitution Week" in La Porte. Sunshine Wilkerson and Jan Lawler accepted the proclamation. The Mayor called to order the public hearing on the Fiscal Year 1990-91 budget. The City Manager reviewed special features of the budget, and Finance Director Jeff Litchfield reviewed the full budget. The Mayor asked for public input, and hearing none, closed the public hearing. • Minutes, Public Hearing and Regular Meeting La Porte City Council September 10, 1990, Page 2 6. The following citizens addressed Council: Bill Bentley, regarding stop signs on Myrtle Creek; Heiko Mahlstedt, regarding vandalism, overgrown lots, and youth on the streets after 11:00 P.M. in his neighborhood; Lisa Honeycutt, thanking the City for the efforts made to save the tree in the 200 block of Main Street and for putting money in the budget to help renovate Main Street. 7. Council considered an ordinance approving and adopting City of La Porte FY 1990-91 budget. The City Attorney read: ORDINANCE 1715 - AN ORDINANCE APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1, 1990 THROUGH SEPTEMBER 30, 1991; FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was__made bv.Councilperson Porter to adopt Ordinance 1715 as read by the City Attorney. Second by Councilperson Gay. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 8. Council considered approving a draft of official notice of sale and official statement to be used in connection with $1.5 million in general obligation bonds and $2.1 million in revenue bonds, Series 1990. Pete Fischer, the City's bond counsel, reviewed the statement for Council. Council updated their elected officials information. Motion was made by Councilperson Sutherland to approve the draft of the official notice of sale and official statement to be used in connection with the_sale of the bonds. Second by Councilperson Cooper. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None • • Minutes, Public Hearing and Regular Meeting La Porte City Council September 10, 1990, Page 3 9. Council considered an ordinance authorizing installation of multi-way stop signs on Myrtle Creek Drive. The City Attorney read: ORDINANCE 1716 - AN ORDINANCE DETERMINING THAT A TRAFFIC HAZARD EXISTS AND AUTHORIZING THE INSTALLATION OF A MULTI-WAY STOP SIGN AT THE INTERSECTION OF MYRTLE CREEK DRIVE AND STONE CREEK DRIVE, WITHIN THE CITY OF LA PORTE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO HUNDRED DOLLARS; PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Cooper to adopt Ordinance 1716 as read by the City Attorney. Second by Councilperson McLaughlin. The motion carried, 7 ayes and 2 nays. Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Clarke and Mayor Malone Nays: Councilpersons Matuszak and Skelton 10. Council considered an ordinance approving a contract with Long & Son, Inc., for construction of Northwest Park parking lot. The City Attorney read: ORDINANCE 1717 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT FOR IMPROVEMENTS TO THE NORTHWEST PARK PARKING LOT FOR A CONTRACT PRICE OF $93,158.00, BY AND BETWEEN THE CITY OF LA PORTE AND LONG & SON, INC.; 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 1717 as read by the City Attorney. Second by Councilperson McLaughlin. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 11. Council considered an ordinance approving and authorizing a contract by and between the City of La Porte and K.D. Construction, and authorizing Change Order No. 1, for construction of golf course restroom and cart path repairs. • Minutes, Public Hearing La Porte City Council September 10, 1990, Page and Regular Meeting 4 • The City Attorney read: ORDINANCE 1718 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BY AND BETWEEN THE CITY OF LA PORTE AND K.D. CONSTRUCTION, AND AUTHORIZING CHANGE ORDER NO. 1, FOR CONSTRUCTION OF GOLF COURSE RESTROOM AND CART PATH REPAIRS; 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 Skelton to adopt Ordinance 1718 as read by the City Attorney. Second by Councilperson Clarke. The motion carried, 8 ayes and 0 nays (Mayor Malone was away from the table; Mayor Pro Tem Porter was presiding). Ayes: Councilpersons Sutherland, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton and Clarke Nays: None 12. Council considered an ordinance ratifying and confirming execution of abandonment and release of easements retained in Ordinance 1693. The City Attorney read: ORDINANCE 1719 - AN ORDINANCE RATIFYING AND CONFIRMING THE EXECUTION OF AN ABANDONMENT AND RELEASE OF EASEMENTS PREVIOUSLY RETAINED IN CITY OF LA PORTE ORDINANCE NO. 1693; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Skelton to adopt Ordinance 1719 as read by the City Attorney. Second by Councilperson Cooper. The motion carried, 8 ayes and 0 nays (Mayor Malone was away from the table). Ayes: Councilpersons Sutherland, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton and Clarke Nays: None 13. Council considered an ordinance approving and authorizing a contract by and between the City of La Porte and Harris County for a S.P.O.R.T. Center. The City Attorney read: ORDINANCE 1720 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BY AND BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY FOR A SPORT CENTER; 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 Gay to adopt Ordinance 1720 as read by the City Attorney. Second by Councilperson Porter. • Minutes, Public Hearing and Regular Meeting La Porte City Council September 10, 1990, Page 5 The motion carried, 8 ayes and 1 nay. Ayes: Councilpersons Sutherland, Cooper, Matuszak, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: Councilperson McLaughlin 14. Council considered appointing a voting delegate and alternate voting delegates to the National League of Cities annual Congress of Cities. Motion was made by Councilperson Matuszak that B. Don Skelton be named as voting delegate to the Congress of Cities. Motion was made by Councilperson Sutherland that Mayor Norman Malone be appointed alternate voting delegate. Second by Councilperson Porter. It was pointed out that two alternate voting delegates are needed, at which time Councilperson Deotis Gay volunteered to be the second alternate delegate. A vote was taken and the motion carried, 9 ayes and 0 nays, that B. Don Skelton be appointed voting delegate to the Congress of Cities and that Mayor Norman Malone and Councilperson Deotis Gay be appointed alternate voting delegates. Ayes: Councilpersons Sutherland, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 15. Council considered authorizing the City Manager to execute a petition to amend Shady River deed restrictions relating to Shady River lot owned by the City of La Porte. Motion was made by Councilperson Skelton to authorize the City Manaaer to execute the petition to amend the Shady River deed restrictions. Second by Councilperson Cooper. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 16. Council considered awarding a bid for carpet and wall covering for the city hall building. Motion was made by Councilperson Porter to award the bid for carpet and wall covering to Atherton's Floor Store in the amount of 520,870.30. Second by Councilperson McLaughlin. • • Minutes, Public Hearing and Regular Meeting La Porte City Council September 10, 1990, Page 6 The motion carried, 8 ayes, 0 nays, 1 abstain. Ayes: Councilpersons Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None Abstain: Councilperson Sutherland 17. Administrative Reports City Manager Bob Herrera brought to Council's attention that the Salute to Industry banquet will be held September 20. He also reported that notices had been placed at the Green Oaks Apartment complex that as of October 1, 1990, water service would be discontinued at that location. Mr. Herrera reiterated to Council that the City van would be at City Hall at 5:30 A.M. on September 11 to transport those Council members going to Austin for the TWC hearing to the airport. 18. Council Action Councilpersons Sutherland, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone brought items to Council's attention. 19. Council retired into executive session at 8:08 P.M. to address the following item: V.A.T.S. Article 6252-17, Section 2(R) - Conference - Receive report from City Manager on status of RFP on commercial solid waste. Council returned to the table at 8:33 P.M. 20. There being no further business to come before the Council, the meeting adjourned at 8:34 P.M. Respectfully submitted: ~'~~ Cherie Black, City Secretary Passed & Approved this the 24th day of September, 1990 /' . f ~ No man L. Malone, Mayor ~ • Office of the Mayor ~~ IjPXPF1S Ours Founding Fa~herus, .cn. orcderc ~o aecwce ~h.e b.2e~s~s.ing~s o~ .~ibercty Sarc ~hem~se.~vea and the-ih. po~~erci ty, dial orcda.in and ea~ab.P,ish a Covvs~,c,~.u.#,ion +~on the United S~atea o b Amerci.ca; and WHEREAS, I~ ,us o~ the gnea~e~5~ -unparct ~ha~ a2~ ai~,i.zervs Su.P~y uderus~a.nd the prcav.is.cavv~ and pru,nc,%p.~eb con~ai.ned -cn. the Corvs~ian .cn. arcderc ~a .~upparct .ct, prcedercve .ct and defend .ct aga.ins~ enc~coachment; and WHEREAS, The ~cuo hundreed hind annivQJusarcy o~ ~h.e ~s.ign.i.ng a~ the Cows~,itu~,ian prcov.ide~s a h.is~aru.c opparc~u.nity ~orc a.~ Amerci.caws ~o .~earcn about and neca~ZC ach.ievemen~ ab ours Faunderce, and ~o ree~.Ceet on ~h.e ru,ghtb and pruv-ceeg e~ a ~ ec~%z ews h.ip ass we.Zi as .c,#~s a~.tendant nee po n~5~.b.i.Zit ie~5; and WHEREAS, The .independence guaranteed ~a the Amerri.ca.n peop.~e 6y the Cavvs~ituti.on .ahou,Cd be eeeebrcated 6y aprycopruate eereemoni.e~s and aetiv.ctied dutciYCg Caws~,ituti.an Weefz, September 17 ~htcough 23, ab de,~.ignated by pnoc,2amati.on o~ the Prce~s-i.dent o~ the United S~ate~s ob Ameruca .in aeearcdance with Pub.P.ic Law 915. NOW, THEREFORE, I, Norunan Ma~ane, Mayors o~ the City ab La Par~te, Texas, do helceby pn.ae~aim the cueef~ o~ September 17 through 23, 1990, ab CONSTITUTION WEEK .in the City ob La Pante, and urge a~ our e,c~i,zervs to pay epeccae a~.ten~,i.an dutu.ng that weeFz to our Federae Ca~vsfiituti.an and the advantage ob Amerciean Citizerus h.ip. _ IN WITNESS WHEREOF, I have hviceunto aet my hand and eauaed the Sea~C o~ the City to be a~~.cxed he~ceta, th.i~s the 10th day a b September, 1990. CITY OF LA PORTS armor L. one, 6 yar REQUEST FOR CITY COUNCIL AGENDA ITEM AGENDA DATE REQUESTED September 10, 1990 REQUESTED BY Jeff Litchfield DEPARTMENT Finance REPORT RESOLUTION X ORDINANCE EXHIBITS: SUMMARY AND RECOMMENDATION The City Council held budget workshops on August 14, 15, 20, and 21, 1990 to discuss the proposed budgets for the fiscal year beginning October 1, 1990 and ending September 30, 1991. The following summary of revenues and expenditures (expenses) represent the result of the workshops. All changes made by Council have been incorporated into the various budgets. Beginning Ending Fund Balance Revenues Expenditures Balance General Fund 3,529,569 12,625,838 12,883,521 3,271,886 Federal Revenue Sharing 77,800 3,600 81,400 0 Hotel/Motel Occupancy Tax 88,400 64,640 153,040 0 Utility Fund 2,364,030 5,554,100 5,973,199 1,944,931 Sylvan Beach 45,113 197,630 176,871 65,872 Airport 327,882 122,365 78,700 371,547 Commercial Solid Waste 375,335 495,000 386,500 483,835 Golf Course 207,282 869,300 922,084 154,498 Motor Pool 1,257,033 1,517,225 1,466,871 1,307,387 Medical Fund 276,977 958,250 943,000 292,227 General CIP 767,793 21,000 765,495 23,298 Utility CIP 348,104 378,000 712,999 13,105 1984 General Obligation 1,587,188 70,000 885,000 772,188 1985 General Obligation 157,871 26,000 183,871 0 1985 Revenue 63,501 1,000 64,501 0 1989 General Obligation 2,474,280 110,000 2,143,000 441,280 1990 Revenue 0 3,156,160 2,925,000 231,160 1990 General Obligation 0 2,458,645 2,458,645 0 General Debt Service 1,070,759 2,724,364 2,940,541 854,582 Utility Debt Service 748.950 865,950 865.950 748.950 Total All Funds 15,767,867 32,219,067 37,010,188 10,976,746 ACTION REQUIRED BY COUNCIL: Adopt Ordinance Approving Fiscal Year 1990-91 Budget. AVAILABILITY OF FUNDS: GENERAL FUND UTILITY FUND OTHER ACCOUNT NUMBER: FUNDS AVAILABLE: YES NO APPROVED FOR CITY COUNCIL AGENDA ROBERT T HERRERA DATE CITY MANAGER '~ r'~ = ORDINANCE N0. 1715 AN ORDINANCE APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1, 1990 THROUGH SEPTEMBER 30, 1991; FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS,. the Charter of the City of La Porte, Texas, and the Statutes of the State of Texas, require that an annual budget be prepared and presented to the City Council of the City of La Porte, Texas, prior to the beginning of the fiscal year of said City, and that a public hearing be held prior to the adoption of said Budget; and WHEREAS, the Budget for the fiscal year October 1, 1990, through September 30, 1991., has heretofore been presented to the City Council and due deliberation had thereon, was filed in the office of the City Secretary on August 14, 1990, and a public hearing scheduled for September 10, 1990 was duly advertised and held. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: SECTION 1: That the Budget for the City of La Porte, Texas, now before the said City Council for consideration, a complete copy of which is on file with the City Secretary and attached hereto by reference as Exhibit "A", is hereby adopted as the Budget for the said City of La Porte, Texas, for the period of October 1, 1990, through September 30, 1991. SECTION 2: Be it FURTHER ORDAINED, that the said City Council finds that all things requisite and necessary to the adoption of said Budget have been performed as required by charter or statute. r~ = ORDINANCE 1715, Page 2 SECTION 3: The. City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, 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 4: This Ordinance shall be in effect from and after its passage and approval. PASSED and APPROVED this the 10th day of September, 1990. City of La Porte ay ATTEST: City Secretary APPROVED: Norman Malone, Mayor City Attorney • REQUEST FOR CITY COUNCIL AGENDA ITEM AGENDA DATE REQUESTED September 10. 1990 REQUESTED BY Jeff Litchfield DEPARTMENT Director of Finance X REPORT EXHIBITS: RESOLUTION ORDINANCE SUMMARY AND RECOMMENDATION Later this month, the City plans to issue the following bonded debt: 1. $1.5 million in General Obligation Bonds to assist in the construction and completion of the Senior Citizens/ Wellness Center. 2. $2.1 million in Revenue Bonds to assist in the construction of water and sewer projects. As part of the bond issuance process, the City receives credit ratings, which in turn, determine the amount of interest cost we pay on the debt. In order to partake in the credit rating process, the Council needs to approve an Official Notice of Sale and the Official Statement. These documents were prepared by the City's Financial Advisors using information supplied by City Staff. ACTION REQUIRED BY COUNCIL: Approve Official Notice of Sale and Official Statement. AVAILABILITY OF FUNDS: GENERAL FUND UTILITY FUND ACCOUNT NUMBER: N/A FUNDS AVAILABLE: OTHER YES NO APPROVED FOR CITY COUNCIL AGENDA G~ T . 9 - t~ -a. r~ ROBERT T HERRERA DATE CITY MANAGER • DRAFT 9/11/90 ORDINANCE AU1IIORT?.II~iG TSB ISSUANCE OF 61,500,000 CITY OF LA PORT$ ZEXAS, GENERAI, OBLIGATION BONDSy SERIES 1990; EXBCtTI'iON OF A PAYIIdG AGENT/REGIYI1tAR AGREEMffiVT; AND ALL OTHER MATTERS RELATED TSERII's1n, INCLUDING ~L4TE WHEREAS, at an election duly called and held in the City of La Porte, Texas (the "City' on June 15, 1965 (the "FJection"), more than a majority of the duly qualified resident electors of the G~ity wha pariicipat~ in the election voted in favor oiy among other things, the issuance of tax supported bonds for various purposes, including those described below; and 4' DRAT; T 9/12J9D ORDLKANCE AUIHORITING THE I:~S'UANCE OF SZ;IOi0~tA0U CIl'Y OF It! AORTE, TEXASy WA77ERWORK3AND SEWER SYSTEMRE'VElVUEGONDS, SERIFS 19910; EXECiT!?ONOFANPAYINGAGENT/REGIS'TRaRAG • • IENT; ANDAI.LOTHER31fATlERSREIrITEDT7itE1~tE'TD, INCLUDINOI1~Qr1EDlATE EFFECT'lpT1YF.TS N'n ~, u y and held in the Oty of La Porte, 'Texas (the "City") on June 15, 1985, more than a majority of the duly qualified resident electors of the City who participated in the election voted in favor ot; among other things, the issua[x~e of revenue bonds in the aggregate principal amount of $8,550,000 for the purpose of extending and improving the City's existing sanitary newer system; and WHEREAS, all of said bonds are to be secured by a pledge of the net revenues from the operation of the City's combined waterworks and sanitary sewer system and are to be on a parity with each other (and any Parity Bonds, hereinafter defined, which are authorized, ~ issued, and delivered); and WHEREAS, the Gaty has heretofore issued "City of La Porte, Texas Waterworks and Sewer S~+stem Revenue fonds, Series 1965" in the original aggregate principal amount of 56,000,000 (the "Previously Issued Parity Bonds"); encl. WHEREAS, the City Council of the City deems it necessary and desirable to proceed with the issuance of a second installment of such voted bonds in the aggregate principal amount of 52,100,000, leaving $1,250,000 of said authorized bonds to be issued in one or more installments at.a later date or dates; THEREFORE, BE IT ORDAINED BY THE CI'T'Y COITNCIL OF THE CITY OF LA PORTF, TEXAS, THAT; Sscizox 1. Borros AimiaRl7$D Pursuant to Article 1111 et. seq., Yernon's Texas Civil Statutes, as amended, and other applicable law, the City's bonds are hereby authorized to be issued to be designated as the "City off' La Port+~ Texas, Waterworks and Sewer System Revenue Bonds, • r' ~. PUBLIC NOTICE ' ~ ,-~ ry~rth. Nt~TiCE yr ~iC ',~p~~ ~ '1 pUBLfC; HEARItW,, ; i' _ , _ - .. Notltxr h hereby 0~1 of a PubHO ~ _ r htp b be herd ~ 6:00 P.M.`6A ~P~hbdr . 1 1,1969; by the city Council of the City of `t :' La Porto, Texas, In th0 Couru~ Chamber. of the la Porte City Hall. 604 Went Falr_ , mont Parkway The purpose of this hear- ;;+ ing is to pMvide citizens the opporlunny ~p ~~ comment on the 6ven11 dget. The City of La Porte must, by Charter ~. t, ado t hs fiscal budget by ~ . ~. 89: Witllin'thirty days a ple of this adopted budget •.' +~ able r publ~ inspectlon and, ga o otthe~C City Hall, est t ~i t+rid ohs fth d4o Pu ` ` 58n ~Jaci ~ ", 528 ' f`Ieaealtour! nth bt1a4~ s CITY OF ~ ,. ' ~ ~ ChMiq Ble R ,/ ~ _--- Clb- Beor~etary • ORDINANCE N0. 1716 AN ORDINANCE DETERMINING THAT A TRAFFIC HAZARD EXISTS AND AUTHORIZING THE INSTALLATION OF A MULTI-~iTAY STOP SIGN AT THE INTERSECTION OF MYRTLE CREEK DRIVE AND STONE CREEK DRIVE, WITHIN THE CITY OF LA PORTE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO HUNDRED DOLLARS; PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, Article 6701d, Vernon's Texas Civil Statutes, provides that the governing body of the City of La Porte shall have the power to designate any intersection as a stop intersection, requiring all vehicles to stop or yield at one or more entrances to such intersection; and WHEREAS., the City Council of the City of La Porte has directed that an engineering ar~d traffic investigation take place for the purpose of ascertaining whether. to designate the intersection of Myrtle Creek Drive and Stone Creek Drive as a multi-way stop intersection; and WHEREAS, the results of said engineering and traffic investigation have become known unto the City Council of the City of La Porte; and WHEREAS, the City Council of the City of La Porte finds that it is consistent in promoting the health, safety and welfare of the citizens of the City of La Porte to declare and designate said intersection as a multi-way stop intersection, based upon the results of said engineering and traffic investigation; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Upon the basis of an engineering and traffic investigation heretofore made as authorized by the provisions of Article 6701d, Vernon's Texas Civil Statutes, and pursuant to the authority granted to it by Article 6701d, Section 27(a), Subparagraph 6, V.T.C.S., and Section 31, V.T.C.S., the City Council of the City of La Porte hereby designates the intersection of Myrtle Creek Drive and Stone Creek Drive as a multi-way stop intersection. Vehicles shall stop at each of the entrances of such intersection, as provided in Article 6701d, Section 91A(b). The Chief of Police is hereby authorized to erect a stop sign at each entrance to said intersection as provided by State law. 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 ORDINANCE NO. 1716 Page 2 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. If any section, sentence, phrase, clause, or any par~t~of any section, sentence, phrase or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Commission to have passed each section, sentence, phrase, clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 4. Any person, as defined in Section 1.07(27), Texas Penal Code, who shall violate any provision of this ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). Section 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 6. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this Ordinance by causing the caption hereof to be published in the official newspaper in the City of La Porte at least twice within ten (10) days after the passage of this Ordinance. PASSED AND APPROVED this the 10th day of September, 1990 CITY OF LA PORTE ATTEST: Cherie Black, City Secretary AP OVED: Knox W. Askins, City A torney • BY Norman L. Malone, Mayor • • RE4UEST FOR CITY COUNCIL AGENDA I','~EM - --------------------- Agenda Date Requested: Set~tember 10, 1990 Requested By: Joel Albre t Department: Com unity Development Report Resolution XX Ordinance Exhibits: 1. Bid Tabulation 2. Ordinance No. 1717 SUMMARY & RECOMMENDATION Northwest Park was designed to be constructed in phases. The first phase was completed in 1988. Since completion of the park, the City added two additional soccer fields and plans to add two more soccer fields in the future. Since the original 49 parking spaces are inadequate for the needs today, the City entered into a contract with Maury Stiver to design additional parking spaces for 111 vehicles. On September 4, 1990 the City received bids for the construction of the additional parking spaces. We received three bids ranging from $93,158 to $116,763 for the additional parking spaces. The apparent low bid is from Long & Sons, Inc. Funds for the construction are available as follows: 1. 011-800-802-803 2. 001-607-607-900 Total Per proposal in date is November dated September $ 18,000 1985 General Obligation Bonds 75,158 General Fund Contingency $ 93,158 contract documents estimated completion r 15, 1990 based on a Notice to Proceed 21, 1990. Action Required by Council: Approval of proposed contract with Long & Sons, Inc., the apparent low bidder, in the amount of $ 93,158 for construction of the expansion to the parking lot at Northwest Park. Availability of Funds: XX General Fund Water/Wastewater XX Capital Improvement General Revenue Sharing Other (None required) Account Number: 011-800-802-803 Funds Available: XX YES _ NO 001-607-607-900 Approved for City Council Aqenda ~va~~ i , g - ~- 9 ~ Robert T. Herrera DATE City Manager ___________________________________________________________________________ r ORDINANCE NO. 1717 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT FOR IMPROVEMENTS TO THE NORTHWEST PARK PARKING LOT FOR A CONTRACT PRICE OF $93,158.00, BY AND BETWEEN THE CITY OF LA PORTE AND LONG & SON, INC.; 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 10th day of September, 1990. CITY OF LA PORTE BY Norman L. Malone, Mayor ATTEST: Cherie Black City Secretary A OVED: ' 7~/ Knox W. Askins City Attorney • • BID TABULATION CONTRACTOR ITEM LONG & SON INC. TOTAL CALCO INC. TOTAL TRIO INC. TOTAL (1) 4,800 SY. Subgrade $3.25 $15,600.00 $5.10 $24,480.00 $7.50 $36,000.00 (2) 4,050 SY. Conc. Paving $17.75 $71,888.00 $18.90 $76,545.00 $18.00 $72,900.00 (3)167 LF Curbs $6.00 $1,002.00 $6.00 $1,002.00 $4.00 $668.00 (4) 111 ED. Wheel Stop $18.00 $1,998.00 $21.00 $2,331.00 $25.00 $2,775.00 (5) 1 LS Striping $750.00 $750.00 $650.00 $650.00 $2,500.00 $2,500.00 (6) 48 LF 24" RCP Culvert $40.00 $1,920.00 $35.00 $1,680.00 $40.00 $1,920.00 BI D TOTALS $93,158.00 $106,688.00 $116,763.00 • • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 09-10-90 Requested By: Joel H recht Department: Comm. Development Report Resolution X Ordinance Exhibits: 1. Bid Tabulation 2. Letter from K.D. Construction 3. Change Order No. 1 SUMMARY & RECOMMENDATION Summary and Recommendation: On August 27, 1990 the City opened bids for the construction of a restroom facility and cart path repairs. The restroom and cart path repairs are located near the 6th tee at Bay Forest Golf Course. One bid was received in the amount of $26,139.60 from K.D. Construction. Staff negotiated with representatives of K.D. Construction, the lone bidder, in an attempt to reduce the bid to meet our budget of $20,000.00. Change Order No. 1 reduces the bid of K.D. Construction by <$6,500.00>. The contract price including Change Order No. 1 is $19,639.60. Funds are available for the construction of the restroom and related work in the Golf Course Enterprise Fund Account #028-800- 812-801. The funds for the cart path repair are available in the General Obligation Bond Fund Account #005-800-800-812. The attached Ordinance accepts the bid from K.D. Construction in the amount of $26,139.60 and authorizes Change Order No. 1 in the amount of <$6,500.00>. Action Required by Council: Approval of ordinance accepting bid of K.D. Construction for the construction of the restroom and cart path at Bay Forest Golf Course in the amount of $26,139.60 and authorize Change Order No. 1 in the amount of <$6,500.00>. Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing XX Other Account Number: 028-800-812-801 Funds Available: }~X Yes _ No Account Number: 005-800-800-812 Appr for City Council Agenda: dd o t T. Herrera Date i Manager • ORDINANCE N0. 171 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BY AND BETWEEN THE CITY OF LA PORTE AND K.D. CONSTRUCTION, AND AUTHORIZING CHANGE ORDER NO. 1, FOR CONSTRUCTION OF GOLF COURSE RESTROOM AND CART PATH REPAIRS; 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~t~ayor 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 10th day of September, 1990. CITY OF LA PORTE BY Norman L. Malone, Mayor ATTEST: Cherie Black City Secretary AP VED: Lam/ Rnox W. Askins City Attorney • NO. 1 CHANGE ORDER DATE: 9 / 4 / 9 0 OWNER'S Project No. 90-2205 ENGINEER'S Project No. SAME PROJECT• BayForest Golf Course Restroom Facility CONTRACTOR: KD Construction Contract For: 2 6 ,13 0 •. 6 0 Contract Date: _ 9/10/90 TO• KD Construction .CONTRACTOR You are directed to make the changes noted below in the subject Contract: City of La Porte Owner - BY: DATE: .19 Nature of Change: See attac"ed letter dated 9/4/90 from KD Construction, re: CLP Project No. 90-2205 Bay Forest Golf Course, Letter of Price Reduction. Enclosures: These changes result in the following adjustment of Contract Price and Contract Time: Contact Price Prior to this Change order ~ $ 2 6 ,13 9 : 6 0 - . Net ~7~irllil~'.~cl£j (Decrease) Resulting from this Change Order $ ~ 6- , 5 0 0.0 0) - r - `` Current Contract Price Including This Change Order $ i9 , 6 39 .6 0 ~ ~ • Contract Time Prior to This Change Order 30 Days (Days or Date) Net (Increase)(Decrease) Resulting from This Change Order - - 0 (Days) Current Contract Time Including This Change Order ~ 30 Days (Days or Date) The Above Changes Are Approved: William T. Manning, P .E. ENGINEER . By '~.. Date: , 19_ The Above Changes are Accepted: .. CONTRACTOR ... Br .... .. , .. .. Date: 19,_ • ~.. , .. . . ' . ,. .... .: :; L• • , r• 1 i J%! / • • BID SCHEDULE LOCATION: City of La Porte DESCRIPTION: Bayforest Golf Course PROJECT NUMBER (S): _ 90-2205 DATE: 8/27/90 ITEM DESCRIPTION UNIT ESTIMATED UNIT TOTAL NO. QUANTITIES PRICE 1. Restroom facility EA 1 Lump Sum complete in place @.~ss.sn $22,200.00 per_ s g . f t . 2. Remove 4' cart path SF 486 complete in place ~a~ 3.35 per_ sq. ft. $ 1,567.80 3• 8' Cart path SF 528 complete in place - ~a_~ 3.35 per sq. ft. $ 1,768.80 4• 6' Cart path SF 180 complete in place ~$ ~ ~S per_ ft. $ 603.00 LUMP SUM BID: 526,139.60 __ _ _ __ ___ __ _ _ _ _ i _ SEP-06-'90 THU 11:20 ID:ARBZ PRINTING TEL N0:713-421-4809 #885 P01 • ~~~~j.~[~~.J41.~~1 r ~CM0~1C'~IVAftC~'17~ACt1C~1tC~7S (713) 42I 2211 SAX IUD ES~A~ E DATE: "~ ~+" b PA4E -~ ~ QF ~~ arrENr~or~: C MPANY/C~DU TRY fAX NUMBER pct . ~~~~ i=~,~.ba~; .~,~..°~ (~I ~1 ~ ~ ~ = : t ~ ~ e __ SUB.tFC7: _ ~ Eu MESSAG@ Iv •~ ~ ~ L 102 i.~~.~ I ~.~ere.._ ~, _ ` ~ r Pry .. ... J~ , ~.. .~ • rl ~~i. THANK YOU. ;~~ ~ ~~~~ SEP-06-'90 THU 11:21 ID:ARHZ PRINTING TEL N~D:713-421-~80J X885 P02 • • CONS7.~tUG"IT+JN ~OClCbOWN C~N3T1pUG~ll~DN ~~ (713) 421-2211 September 04, 1990 Mr. Bill Mennir~g d/o City of LaPorte Community development department 604 West FairYgOnt Parkway P.O. EOX 1115 Laporte, Texas ?7572-].115 RE: CLP Project NO. Bay Forest Oolf Letter of Price Mr. Manning, This letter is to goal; referenced abovo. The reduction: 90-2205 Coupe Reduction ~fy the reduction in price for the proposal following exclusions will pertain to the z. Access will be guaranteed by the City of Laporte. 2. Bxtensions of timQ will ba made as a result of inacsoessibility to the work sit+a or unfavorable conditions at the work site as the determined by the owner. 3. Payment ins to be.a single payment to the contractor, after vexirficatlon o.f completion and a letter verifying all sub-contractors have been paid. 4. Slab will be poured on top 4f existing surface, and additional work to remove sub-surface materialB will be deleted from our contract. Wa will still put a sand and clay mix on surface before concrete pour. 5. Lauver vents in the upper structure area will be replaced with grid plates. Louver vents in the side structures will bs 12" X 1$~~ instead of 18'• X 24~~. 6. Ffxture+s for bath men+s and women's bathrooms will be Kohler instead of Bljer. They will still meet the 'Handicapped+~ reyuiremepts. Thep will also be "Tank~~ type waterclaseta instead of pressure valve, to reduce costs. 7. All Payment and Performance Bonds are to be waived. 7'he only bond required is a Bid Bond that has already been furnished with quote. 8. Cart Path repairs and installation are to be excluded from this price. 9. Re-barb in cinder block walls to be fully Concreted at corners trhly. Other areas to be concreted to top of re-barb only. 417' EAST AIrCHER P.O. BQX 1757 P,d HI~f 1419 BAY'I~UWN~'~'6IICAS 77521 M7: BEI.YIIs'IJ~ T$)(AS 77580 BAY~UWN. T$XA.g 77322 I SEP-06-'90 THU 11:21 ID:ARHZ PRINTING TEL N0:713-42:L--LAOS t#885 P03 page a. City of Laporte Bayforest Golf Course Bathraam Facility Praposai R~avfsion: 10 . Doors to be 6' 8" in height in,~tead of Z ~ 3" wittx thresholds are to be deleted from th~.s propasai. 11. Roof shingles are to be n3-Tab" 210 in3tead of 2a5. 12. Plumbing to ba based an stub-out only. With all of tha listed qualificat3.ans we have revised our price per our meeting with you 08-30-9p. The new price will be: TOTAL: $1~,700.pQ Price does nat include any applicable sales tax. Thank you for the opportunity to revise this proposal to meet your budget requirements. We will offer a discount of 2$ ten days on ©ur final invvicQ. Thmpk you, . • ;; .,' ~~ .1 ~~ ... `~~~Stxtae r ~' • RE UST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Sept~nber 10, 1990 Requested By: Knox W• ~~ ~~9: Department: Report Exhibits: See Attached. City Attorney Resolution x Ordinance SUMMARY ~ RECOMMENDATION Ordinance No. 1693, which closed certain streets and alleys for the ICN freezer warehouse on Broadway, Street, retained certain temporary easements in favor of the City and Houston Lighting & Power Company. As recited in the "Abandonment And Release Of Easements" document attached to the ordinance as Exhibit "A", these easement rights are no longer needed, as ICN has reached agreement with Houston Lighting & Power Company, and the eight (8) inch water line has been relocated from Madison Street to the North "E" Street right-of-way by ICN. , ICN attorneys have requested abandoning the easements. Action Required by Council: Passage of ordinance. passage of a formal ordinance, 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 Citv Council Agenda Robert T. Herrera DATE City Manager ~t~ ~G ~ 1~ ~~ ~ ~ ' ~ "! • • ~ ' ,.~. i~ ~ 'i~~ ''~ 1 ~:. ~~~: ,i ~ ORDINANCE N0. 1719 i •~~~~ ~ 'ORDINANCE RATIFYING AND CONFIRMING THE EXECU'PION OF AN ~`~'~•~ J~.~TDONMENT AND RELEASE OF EASEMENTS PREVIOUSLY RETAINED IN CITY OF ~,, 1+, `~~'~PORTE ORDINANCE N0. 1693; FINDING COMPLIANCE WITH THE OPEN „'~1 ~y'TINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. ,; i ~ ?, ~,:~~~~~ 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 y,~ ~~ '~~ -'a~~roves, ratifies, and confirms the execution of an "Abandonment ilt,,.' ~'„air Release of Easements" in form attached hereto as Exhibit "A", ~ }} ~, ~`i(~.f~orporated by reference herein, and made a part hereof for all r1` ' $~~ ~~p~}iposes, abandoning certain easements retained in City of La Porte ~,, O~~inance No. 1693. {,y SS, l lil',: I rr ~.~;~5~,, ~~,e~C Section 2. The City Council officially finds, determines, , r~'tes and declares that a sufficient written notice of the date, R,_ , ~~,~;~' :,i , place and subject of this meeting of the City Council was ed at a place convenient to the public at the City Hall of the ~;~~~ ~ for the time required by law preceding this meeting, as f ~~'r~; fired by the Open Meetings Law, Article 6252-17, Texas Revised ~. ~ '1C~ ~'1 Statutes Annotated; and that this meeting has been open to the ~'~~~~'~~ic as required by law at a.ll times during which this ordinance the subject matter thereof has been discussed, considered and ally acted upon. The City Council further ratifies, approves confirms such written notice and the contents and posting eof . Section 3. This Ordinance shall be effective from and after ~~'i~~~passage and approval, and it is so ordered. ;~I '~ j r; , "~` PASSED AND APPROVED, this 10th day of September, 1990. f ~;~~ ~` ~~~+ ~'.~sQ`~ CITY OF LA PORTE N ~{~ BY ____ ____ ~~ ~~~~ ~,~ Norman L. Malone, Mayor 1, ;~~ ~'~ k , ; '.~~ ST: n z fie Black, City Secretary y~~;1 ~r_ W Askins, +i ~= ~? 2 ;; " ~~ k' i': ~r ~, ~' City Attor a_ z ii, .,~ tl i ~` ~{ { ~e 11 ~:. ~ .~ ;%~ ;~ `~€ ,i . ~,~; } ; ~ • i z ~' ~~ , '' ~ ~~'~st '' 1 t } ,1.; :1 ;~~~ ~ ,~~ ~~ ~ ~y+p . ~ ~~ ~ ,~. `~` ~ ~ ~'~ 185-64- I 0 57 ~;;~ ~,;'; if ''%, ~~k. ~ '1r`14:''i~~ ~jij7~1~4i? f17135?2 $ 9.i!U ~~, ~ 522 ~~~~,: ; ABANDONMENT AND RELEASE OF EASEASEN'PS F r~;hE a ~~~ ~ ~ •, ~~ S ~~ ~;'; ,k,, i ~ ;~,~~'-~ ~;,~: ~ ~~ ~ ~~ ~ y. S f m. ~•~', y _'~ ~.~~~~ ~, ~;, . , ~' ~~~,; ~~r: ~~ F~:rl. I ~,t, s ~ 9i, t 3' E STATE OF TEXAS § LINTY OF HARRIS § THIS ABANDONMENT AND RELEASE OF EASEMENTS is executed and livered by the CITY OF LA FORTE, a body politic and corporate der the laws of the State of •i•exas (the "City"). R E C I T A L S: Pursuant to La Porte City Ordinance No. 1693 (the rdinance"), a certified copy of which is recorded in the Real operty gecords of Harris County, Texas under Clerk's File . M609538, the City abandoned and closed certain streets and let's in the City of La Porte, subject however, to the retention the City of (i) easement rights for the benefit of Houston ghting & Power Company and its existing transmission and stribution facilities then in place in the streets and alleys abandoned (the "HL&P Easement") and (ii) an easement for the en existing. eight (8) inch water line located ..within the andoned portion of Madison Street (the "Water Line Easement"). The HL&P Easement has been specifically defined by separate struments recorded or to be recorded in the Real Property cords of Harris County, Texas, and the Water Line Easement is longer needed by the City due to the planned relocation of and ,~ irk-~ /f ~ ~ i T /~- , ~~~~ ~, .~ ,' ~ ~,' s ~~. sal; ,~ ~~ I~ ~~: I, t+„ ~' ,i ;, ~ ~ ' `' ~~{: ; e~ F; .~~~.~ _ • • 185-64- 1058 erouting of the water line located therein, thus, at ,the request f International Cargo Network, L. P. ("ICN"), the current owner ~~~ f the streets and alleys abandoned by the Ordinance, the .City s agreed to abandon and release the HL&P Easement and the Water ine Easement. RELEASE• Therefore, for the sum of TEN AND NO/100 DOLLARS ($10.00) other good and valuable consideration in hand paid tq the the receipt and sufficiency of which ,are hereby knowledged, the City does hereby FOREVER ABANDON, RELEASE, IVE, RELINQUISH, and QUITCLAIM to ICN, its successors and signs, the HL&P Easement and the Water Line Easement,. together ith all rights and interests of the City in and to the HL&P ement and Water Line Easement reserved under the Ordinance. EXECUTED AND DELIVERED effective as of August ~,' 1990. CITY OF LA PORTE f (J -% ROBERT T. HERRERA, C ty Manager ~ `:a4 ~~,~. ~,. - 2 - ,~,; .; ~'~ . ~i` I~ ~~9 ~~~'. .~ f . ~I3 p ~~~ t, ~~~ J 7r 9{;, t ~~i~~t ;~f`~ ;~ ~4,_ ail ' h ~, t Iji;, ., II" ~~ 13 !R{~~ ~~~~r~E ~ ~, Via; ,~~. `~ ~~ x r:~~ }; d: j ~ ~' i. ,~ ~5 ;,:, , ~;j~; f~l ~~~ ~, r. ~~~..~!. 1 t '~ ~~`'' ,~ ~ ; ` i<< ~~E i I ~° ~~ :, t i~ '. '~ ;(; I- `, ai, i is ~7R~, " ,,~ ~`; E STATE OF TEXAS § TY OF HARRIS § • 185-64--1059 This instrument was ,acknowledged before me on August /~, 90 by ROBERT T. HERRERA, City Manager of the CITY OF LA PORTE, body politic and corporate under the laws of the State of xas, on behalf of said body politic and corporate. ''~'~~ ~'Y4\ MARI.ENE SCHOlVAUER ~, • ` Notary Publk, Seeeo d Taw ~4:;,~ j r .a i~1 i~r Cortr-ii~ion E~irw x/1/0.1 ~mmission Expires: s/. /93 NOTARY PUBLIC IN AND FOR THE STATE OF T CE X A S ~i¢,QL~it/E JG~Owi9GI f,°~ Notary's Printed Name ANT PAOUISION NEIIEIN IYNICf1 NESIINCrS IHE SME. REN-Al. OR USE ~ !Nf DESCRIBED REM -RO-EAfY 9EGUSE llf fAlOR OR MACE K INVM~OANO UNENFORCEABEE IMDEA FEDENM U~Y. THE STATE OF TEXAS } COUNTY OF HARRIS I hereby certi4 that this Instrumem' was FILED In fde Nulrher Sequence on the date and at the Ume stamped hereon by me; and eras duly.RECORDED, m the Otlicial Public Necords of Real Property of Harm County. Texas on A U G 141990 s ,; COUNTY CLERK. ~~ HARRIS COUNTY, TEXAS -890\ICN-11.ro1 RECORDING: r. & N>7~D X02 ~'~ 2 ~ ~ (ti CGA~'1~,1NY - 3 - A ~„ q aD ('~ ~ C ~ ~° c. _ -~- ;~ ~ ~ A ~ ~~ ~ ~ ~_ .. ~ , rn -~ ~ -v _ m x co a 'n . ~~~ • • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 10, 1990 Requested By: Stan Sherwood Department: Parks and Rec. X Report Exhibits: Resolution Please see attached correspondence Ordinance SUMMARY & RECOMMENDATION Requesting that the Mayor sign the original indicated pages of the Interlocal Agreement between the City of La Porte and Harris County on the conversion of the Bayshore Baptist Church property into a Special Populations Organized Recreational Therapy (S.P.O.R.T.) Center. This is the standard agreements with Harris County Community Developement that is signed each year. Action Required by Council: APPROVAL OF INTERLOCAL AGREEMENT Availability of Funds: N/A General Fund Capital Improvement Other Account Number: Water/Wastewater General Revenue Sharing Funds Available: YES NO Approved for City Council Agenda C~?~:~c `~~ l~~ ~-s~ act Robert T. Herrera Date City Manager ~' I 9 ' r', ~~:~~~• ~,I~, ORDINANCE N0. 1720 yi , q" rt~~ ~i`ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BY AND BETWEEN THE "s~Y OF LA PORTE AND HARRIS COUNTY FOR A SPORT CENTER; MAKING ~,•RIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING pMPLIANCE WITH THE OPEN. MEETINGS L.AW; AND PROVIDING AN EFFECTIVE ~'TE HEREOF. '~~`'~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the tract, agreement or other undertaking described in the title of s ordinance, in substantially the form as shown in the document ch is attached hereto and incorporated herein by this reference. ,,: Mayor is hereby authorized to execute such document and all l£ ated documents on behalf of the City of La Porte. The City retary is hereby authorized to attest to all such signatures and affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, i `ites and declares that a sufficient written notice of the date, 4„. :~1~'Y'i ,h'~`~r, place and subject of this meeting of the City Council was <; ~~ ,,; , ted at a place convenient to the public at the City Hall of the ~~. ,~ y for the time required by law preceding this meeting, as uired by the Open Meetings Law, Article 6252-17, Texas Revised it Statutes Annotated; and that this meeting has been open to the lic as required by law at all times during which this ordinance the subject matter thereof has been discussed, considered and `malty acted upon. The City Council further ratifies, approves ,; I confirms such written notice and the contents and posting w'reof. Section 3. This Ordinance shall be effective from and after _• ~ passage and approval, and it is so ordered. 's:;, ~S_ ' PASSED AND APPROVED, this 10th day of September, 1990. CITY OF LA PORTE BY _____ _ Norman L. Malone, Mayor ST: rie Blacx y Secretary ED: - vv~ ~..1.+ . x W. Askins y Attorney C.A. No. 26,551eb THE STATE OF TEXAS COUNTY OF HARRIS AG~,FEMEN~ This agreement is by and between the CITY OF LA PORTS a body corporate and politic under the laws of the State of Texas, hereinafter referred to as "City," and Harris County, a body corporate and politic under the laWS of the State of Texas, hereinafter referred to as '+county." W I T N E S S T H: WHEREAS, County has submitted Community Development Block Grants to tre U. S. Government, application numbers B-88-UC-48-0002, B-89-UC- 48-0002 and B-90-UC-a$-0002, which have been approved by the U. S. Government through the U. S. Department of Housing and Urban Aevelopment; and, P1'riF,REA5, the City did agree to co-operate to be included in the grant applications; and, WHEREAS, included in the approved grant application was the funding of the purchase and conversion of an existing building as a recreation and therapy canter for the physically and mentally disabled in the City in the amount of $485,000.00, hereinafter referred to as the "Project" or "SPORT Center"; and, WHEREAS, the County ins the grantee named in the Grants charged with compliance of the federal laws, rules, and' regulations relating to tre expenditure of funds received from the U. S. Government pursuant to the approved Community Development Block Grant applications; and, WHEREAS, the City_ is not familiar with such federal laws, rules, and regulations relating to the expenditure of U. S. Government funds under the Community Development Block Grant applications; and, WHEREAS, the county desires to assure compliance with such laws, rules, and regulations relating to the expenditure of funds under the Community Development Block Grant applications; and, WHEREAS, the County and City mutually agree as to the need to expedite this project as quickly as possible; • NOW, THEREFORE, the County and City do mutually agre4 as follows: I. The County and City agree to complete and operate the Project in accordance with the guidelines, rules, and regulations required by the U. S. Department of Housing and Urban Development, hereinafter referred to as "HUD." IT. gUT2ES OF THE COUNT` ARTY The City. shall acquire the property in accordance with the applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 19?0, as amended, and subject to the approval by the county through its community Development Agency (HCCDA). The City agrees that by executing this agreement that it shall be responsible for any and all Project costs that exceed the Community Development Block Grant funds provided under this Agreement. The Gity also agrees that, as part of its consideration for the construction of the Project, it shall do the fallowing (1.) Purchase a vehicle equipped to transport handicapped persons to and from the SPORT Canter for participation in activities at the Center. The purchase of such a vehicle by the City shall be completed by the time the SPORT Centrar is opened to the public. (2.) Provide any and all furnishings and equipment as may be appropriate for use of the building as a recreation and therapy center for mentally and physically disabled parsons. The County shall monitor and approve the acquisition of the property (including the purchase price) to assure compliance with Community Development Block Grant rules and regulations. This shall bs done through the Harris County Community Development Agency. The County shall bs responsible for coordinating the design of the Project subject to the approval by the City of the final design. The County shall be responsible Por the administration of the construction contracts, with the City approving the award of the bid. The city shall, at its own expanse, furnish the necessary inspection personnel to assure itself of compliance with the contract. In absence of inspection by the City, then the City sha13 be deemed to have accepted those inspections made by the County. The County shall prepare and approve all requests for payments and payments to be made under this agreement. The County shall fund the Project as set forth in this agreement. The City and the County, through its Director of 2 • the Harris County Community Development Agency, may by written agreement agree to reallocate funds among the various line items or to new 1#.ne items in the Project Budget attached hereto as Exhibit "s". zu. PROJECT COSTS For and in consideration of the construction of the Project as herein set forth, the county agrees to fund project costs not to exceed the total sum of Four Hundred Eighty-five Thousand and No/100 Dollars ($485,000.00} as set forth in the Budget for CDBG gunds attached hereto as Exhibit "B," which shall be in full and total compensation for payment of all expenses allowed under this contract and the Grant Agreement with HUD. The County shall not ba liable far the payment of expenses or casts which are not allowable under the terms of this Agreement and the Grant Agreement with HUD. IV. SOURCE CF FUNDING The County has no County funds far the costs of goodst and services to be rendered under this agreement. It is expressly agreed and understood that this agreement is predicated upon and conditioned on the County receiving funds far the purpose of paying the entire obligation of the County under this agreement from funds to be received from the U. S. Department of Housing and Urban Dev~alapment, by virtue of Grant Nos. B-88-UC-4s-0002, 8-89-Uc~48-0002 and B-90-UC~ 48-0002, entitled Community Development Block Grants. Accordingly, notwithstanding anything herein to the contrary, the maximum liability oP the County under the terms and provisions of this agreement shall not exceed $485,000.00 or the amount actually received by the County Prcm h"UD pursuant to the Block Grants. The City admits knowledge of the fact that the County~s obligation hereunder for payment of compensation and cots, if any, is limited to r^edaral funds received pursuant to the Grant Agreement in connection with the Community Development Block Grant Program of the U. S. Department of Housing and Urban Development, and that unless and until adequate funds have been received by the County under the Grant agreement to pay the City~s compensation and expense reimbursement, the county shall have no obligation to the City. 3 :7 • V. FEES Reasonable fees for the use of the building may be charged. However, any fee having the affect of precluding or excluding low and moderate income persons from using the facility are deemed excessive and as such are expressly not allowed. VI. CHANGE OF USE The City agrees that it will not change the use of the SPORT Center for a period of ten (10) years after completion of construction unless the City fully complies with the requirements of this section. In effecting any change in use, of the SPORT Center, the City shall provide the affected citizens with reasonable notice of such change in use and allow them to an opportunity to comment on the proposed change in use. Harris county through its Community Development Agency must approve any proposed new use as being allowed by the federal rules and regulations regarding Community Development Block Grant (CDHG) funds. Any change cf use of the SPORT center must primarily benefit low or moderate income persons and any use of the the SPORT Center for the general conduct of government is strictly prohibited. If within this tan (~,0) year period, the City, after consulting the affected citizens, determines that it is appropriatra for a use that is not allowed for CDBG funds, then the City agrees that :.t will reimburse the County in the amount of the then currant fair market value of the real property and improvements less any portion of the actual original expenditure of funds by the City for acquisition of and improvements to the property. DTI I , CONTRACT DoCt~NTa This Contract includes the following exhibits and such exhibits era attached hereto and made a part hereof for all purposes: Exhibit A - CDBG Program Requirements Exhibit B - Budget and Allocation of Costs Exhibit C - Certification of Contrasts, Grantffi, Loans and Cooperative Agreements 4 • c~ This Agreement and the attached exhibits represent the Qntire agreement between the County and the City and there are not other effective agreements, representations or warranties between the County and the City that are not conta~.ried in the Contract Documents. The City agrees to execute and comply with any application provisions of Exhibit ~~C~i . VTT. ~~~ Unless otherwise provided in this agreeMent, any notice provided for or permitted to be given must be in writing and delivered in person or by depositing same in the United States mail, postpaid and registered or certified, and addressed to the party to be notified, with return receipt requested, or by delivering the same to an officer of such party. Notice deposited in the mail as described above. shall be conclusively deemed to be effective, unless otherwise stated in this agreement from and after the expiration of three (3} days after it is so deposited. For the purpose of notice, the addresses of the parties shall, until changed as hereinafter provided, be as follows: Tf the County, then to: Hon. County Judge and Commissioners Court c/o County Clerk, Cot~umisreioners Court Division P. 0. Box 1525 Houston, Texas 77007. Tf to the City, to: Hon. Mayor and City council c/o City of La Porte 604 W. Fairmont Pkwy, P.O. Box 1115 La Porte, Texas 77571 Each party shall have the right from time to time at any time to change its respective address and each eshall have the right to specify as its new address, provided that at least fifteen (1.5) days written notice is given of such new address to the other party. • • IX. $IGHT5 OF TERMINA Tnrr The City or the County by and through its Director of the Harris County Community Development Agency may terminate this Agreement without cause at any time by giving 30 days written notion to the other party. In Witness Whereof this instrument has been executed in duplicate originals by the parties hereto as follows: (a} It has on the day of , 1990, bean executed by the County Judge of Harris County, on behalf of the County pursuant to an Order of Commissioners court of the county so authorizing. (b) It has on the day of , 1990, been executed by the Mayor and attested to by the City Secretary on behalf of the City pursuant to an ordinances so authorizing. CITY OF LA PORTS HARRIS COUNTY rrAYOR ATTEST: City Secretary APPROVED AS TO FORM: MIRE DRISCQLL county Attorney JON LINDSAY county Judge APPROVEA2 HARRIS COUNTY CQMMUNITY DEVELOPMENT AGENCY By JAMES M. ANDERSEN Assistant County Attorney By WALTER L. JONES Director 6 EXHIBIT A COMMUNITY DEVELOPMENT HLOCK GRANT PROGRAM REQUIREMENTS I. TITLE VI OF Th'E CIVIL RIGHTS ACT OF 1964 The City shall comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and Title 24 Code of Federal Regulations Part ;,. In accordance with the Act, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subject to discrimination under any progran or activity for which the City receives Federal financial assistance. The City will immediately take any measures necessary to comply with Title vI. Tf any real pro art ar structure is thereon provided or improved with the aid of Federal financial assistance, this clause shall obligate the owner, or in the case of any transfer of such property, any transferee, to comply w~,th the. requirements and restrictions contained in this clause for the period during which the zeal property or structure is used for a purpose far which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. The City will further comply with federal regulations, 24 CFR Part 1, which implement the Act. II. TITLE VIII OF THE CIVIL RIGHTS ACT OF 1968 The City shal? comply with Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 364 at seq.), popularly known as the Fair Housing Act. Na person in the United States shall discriminate in the sale or rental of housing, the financing of housing, or the provision of brokerage services, including otherwise making unavailable or denying a dwelling to any person, because of race, color, religion, sex, or national origin. The City agrees to administer programs and activities related to housing and urban development in a manner which affirmatively furthers the policies of Title VIII. zlz. EXECUTIVE ORDER 12063 The Gity shall comply with Executive Order 11063 as amended by Executive Order Z2Z59 and as contained in 24 CFR Part 107. City will take all action necessary and appropriate to prevent discrimination because of race, color, religion (creed), sex, or national origin, in • ~U • the sale, leasing, rental, or other disposition of residential property and related facilities (including land to be developed for residential use), or in the use or occupancy thereof, if such property and related gacilitieg are, among other things, provided in whole or in part with the aid of loans, advances, grants, or contributions agreed to be made by the Federal Government. IV. SECTION 109 OF THE HOUSING AND COI~ItTNITy pEVELOPMENT ACT 4F 1974 The City shall comply with section 109 of the Housing and Community Development Act of 1974 as contained in 24 CFR Part 570.602 issued pursuant to section 109. No person in the United states shall, on the ground of race, color, national origin or sax, be excluded from participation in, be deni+ad the benefits of, or ba subjected to discrimination under any program or activity funded in whole or in part with community development funds. "program activity" is d®fined as any function conducted by an identifiable administrative unit of the county, or by any unit of government, subrecipient (City), or private contractor receiving community development f~.rnds or loans from the County. "Furdad in whole or in part with community development funds« means that Community development funds in any amount in the form of grants or proceeds from xUD guaranteed loans which have been transferred by the County or subrecipient (City) to an identifiable administrative unit and disbursed in program or activity, specific discriminatory actions prohibited and corrective actions are described in 24 CFR 570.602(b). Section 109 also prohibits discrimination on the basis of age under t:Ze Age Discrimination Act of 1975 (42 U,S.C.A. 6101 et seq.) or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 (29 U.B.C.A. 794) . V. SECTION 110 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 The City shall comply with Section 110 of the Act which requires that all laborers and mechanics employed by contractors or subcontractors on construction work financed in whole or in part with assistance received under the Act shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the secretary of Labor in accordance with the Davis- aacon Act, as amended (4o U.s.C. 276a-5~. By reason of the foregoing requirement, the Contract Work Hours and safety Standards Act (40 2 0 ~ -i~ 1-9 0 Q 2 : ~ ~ ~ ~1 r ~ 0~1•~i . ~.'i :.:1 ~J F 1i~~i .' ~ ~ ~; ~ U.S.C. 327 st seq.) also applies. However, these requirements apply to the rehabilitation of residential property only if such property contains not less than 8 units, VI. NATIONAL FLOOD INSURANCE PROGRAM The City shall comply with the Flood Disaster Protection Act og 1973 (42 U.s.C. 4106) which prohibits financial assistance for acquisition or construction purposes in any area that has bean identified by the Director of the Federal Emergency Management Agency as a area having special flood hazards unless the community in which such area is situated is then participating in the National Flood Insurance Program in accordance with 44 CFR Parts 59-79, or lass than a year has passed since FEMA notification to the community regarding such hazards; and flood insurance is obtained in accordance with Section 102 (a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001). vlz. RELOCATION, DISPLACyMENT AND ACQUISITION ASSISTANCE The Uniform Relocation and Real Property Acquisition Policies Act of 1970 (42 USC 46.01) and. HUD implementing regulations of 24 CFR 42 apply to the acquisition of real property by the city for an activity assisted under this part and to the displacement of any family, individual, business, non-profit organization or firm that results from such acquisition. The City shall comply with the provisions of the Uniform Relocation Act as contained in 24 CFR Part 570.606. All occupied and vacant occupiable low/moderate income dwelling units that are demolishaad or converted to a use other than as low/moderate income dwelling units as a direct result oP a federally funded activity must be replaced as described in 24 CFR 570.606(b)(1) and each low- or moderate income household that is thereby displaced shall ba provided with relocation assistance as described in 24 CFR 570.606(b)(2). Reasonable relocation assistance must be provided to persons (families, individuals, business, non-profit organizations or firms) displaced (i.e., moved permanently and involuntarily) as a result of Federal assistance to acquired or substantially rehabilitate property as described in 24 CFR 570.606(c). • J vsI=. EXECUTIVE ORDER 11246 The City shall comply with Executive Order 11246, as amended by Executive order Z2o86, and the regulations issued pursuant thereto {41 CFR Chapter 60) which provides that no person shall be discriminated against on the basis of race, color, religion, sex, or national origin in all. phases of employment during the performance of Federal or federally assisted construction contracts. City agrees that contractors and subcontractors on Federal or federally assisted construction contracts shall take affirmative action to ensure fair treatment in employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay, or other forms of compensation and selection far training and apprenticeship. Ix. SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 196$ The City shall comply with Section 3 of the Housing and Urban Development Act of 1968, as amended, (12 USC 1701u). The City Shall to the greatest extent feasible, give opportunities for training and employment to lower income residents of the County and shall award contracts for work in connection with the Project to business concerns which are located in or awned in substantial part by persons residing in the County. The City shall include the phrase in the above paragraph in all contracts for work in connection with this project. X. LEAD-BASED PAINT The City shall comply with section 4©1(b) of the bead-Based Paint Poisoning Prevention Act (42 U.S.C. 4831(b)) as contained in 24 CFR °570.608 which prohibits the use of lead-based paint in residential structures constructed or rehabilitated with Federal assistance. such prohibitions are contained in 24 CFR Part 35, subpart B, and are applicable to residential structures constructed or rehabilitated with assistance provided under this part, For properties constructed prior to 1978, applicants for rehabilitation and tenants or purchasers of properties owned and 4 u~ u~ yu „ ~~ N!yl ,:vin u! ~LV1 J'V~Li.~t'M1~~V~ ?11 acquired or rehabilitated with federal assistance shall be notified of the hazards of lead-based paint poisoning as described in 24 CFR 570.508 (b}. Eliminatien ag lead-based paint hazards will be undertaken in accordance with the procedures established in a4 CFR 570.608 (c}. XI. USE OF DEBARRED SUSPENDED OR INELIGIBLE CONTRACTORS The City shall not use assistance to directly or indirectly employ, award contracts to, or otherwise engage the services of, or fund any contractor or subcontractor during any pericd of debarment, suspension or placement in ineligibility status under provisions of 24 CFR Part 24. XII. UNIFORM ADMINISTRATIVE REQUIREMENTS AND COST PRINCIPALS The city and its agencies or instrumentalities, and subrecipients shall comply with the .policies, guidelines, and requirements of 24 CFR Part 85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments;" and CMS Circular No. A-87, }'Principles for Determining Costs Applicable to Grants and Contracts with Stater Local and Federally recognized Yndian Tribal Governments='+ and A-128, "Audits of State and Local Governments" (implemented at 24 CFR Part 44) as they relate to the acc®ptance and use of federal funds under this part. The applicable sections of 24 CFR Part 85 are sat forth at 570.502. XII. UNIFORM ADMINISTRATIVE REQUIREMENTS AND COST PRINCIPALSFOR NON-PROFITS The City and its agencies or instrumentalities, and subrecipients shall comply with the policies, guidelines, and requirements of 24 CFR Part 85, }'Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governmentaj'~ OMB Circular No. A-$7, +'Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally recognized Indian Tribal Governments;" OMB Circular No. A-1i0, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations;" OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations;++ and A-128, "Audits of state and Local Governmentsn (irapiamented at 24 cFR Part 44}, as they relate to the accaptanae and 5 ~ ~ - ._ use of fed:ral funds under this part. The applicable sections of 24 CFR Part 85 and OMB Circular No. A-~110 are set forth at 570.502. XIII. CONFLICT OF SNTEREST No member of ar delegate to the Congress og the United States, and no resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit direct or indirect which arises from this Agreement. In accordance with 24 CFR Part 570.627., no persons described in tP.e paragraph below who exercise or have exercised any functions with respect to CDBG activities or who are in a position to participate ir. a decision making process ar gain inside information with regard to CDBG activities, may obtain a personal or financial interest or benefit from, or have any interest in any contract, subcontract, or agreement or the proceeds thereunder, either for themselves or those with whom they have family ar business tips, during their tenure or for one year thereafter. The requirements of the above paragraph apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the County, Contractor, and of any de$ignated public agency, or subrecipient under 24 CFR Section 570.20 which receives funds under thQ CDBG grant agreement with HUD. XIV. RECORDS FOR AUDIT PURPOSES Without limitation to any other provision of this Agreement the City shall maintain all records concerning the Project which the county reasonably requires far three years from the expiration date of the Agreement unless a longer period is required under Title 24, Code of Federal Regulations 570.510. The city shall maintain records required by 24 CFR Section 135.120 for the period that HUD requires the records to be maintained. The City will give the County, IitJD, the Comptroller General of the United States, the General Accounting OfficQ or any of their authorised representative access to and the right to examine, copy ar reproduce all records pertaining to the acquisition and construction of the Project and the operation of the Project. The right to acces8 shall continue as Long as the records are required to be maintained. 6 ~. •, r t r '~v ~~ • }~v . t RELIGIOUS ORGANIZATIONS PRt7VIDING PUBLIC SERVICES 1^, iv In addition to, and not substitution far, other provisions of this AgraBmsnt regarding the provision of public services with CpHG funds, pursuant to Title I of the Housing and Community Development Act of 1974, as amended, the City and/or any subcontractor receiving funds under this agreement: 1. represents that it is, or may be deemed to be, a religious or denominational institution or organization or an organization. operated far religious purposes which is supervised or controlled by or in connection with a religious or denominational institution yr organization; Z. agrees that, in connection with such public services: a. it will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion; b. it will discriminate against any person applying for such public services on the basis of religion and will net limit such services or give preference to persons on the basis of religion; c. it will provide no religious instruction ar counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of such public services; d. the portion of a facility used to provide public services assisted in whole or in part under this Agreement shall contain no scectarian or religious symbols or dacorationg; and e. the funds received under this Agreement shall not be used to construct, rehabilitate, or restore any facility which is owned by the Provider and in which the public services are to be provided; Provided that, minor repairs may be made if such repairs (1} ar® dirQCtly related to the public services, (2) are located in a structure used exclusively for nonreligious purposes, and (3} constitute in dollar terms only a minor portion of the cDBG expenditure for the public services. 7 pg-pa-ap ~; ~ ; ~ ?'rf ~ 3C~i ~;1~~~M , D~VECOP~i~!1~T ~ p ~ 1 .. ~X~ITBIT nB~f PROJECT BUDGET A. Costa to be paid by Harris County Community Development Agency to Harris County and/or outside vendors contracted with by the County services r$ndarad in connection with the project, including, but not limited to, design, inspection lab testing, engineering review, and survey .. . . . . . . . . . . . . . . . $ 36, 650.00 8. Construction. Costs ._ $150,000.00 C. Project Contingency $ 15,000.00 D. Property Acquisition Costs Land and Improvements $270,850,00 Survey . $ 2, 000.00 Appraisal $ 6, 000.00 Attorneys r^ees $ x,000.00 Title Company Closing Costs $ 2.5o0.oa TOTAL $485,000.04 -~=V- ~~ ~,xhib i t '~ C" Certification far Contracts, Grants, Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any p-arson for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing ar attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal. contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard Form-LLL, "Disclosure Farm to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, subgrants, and contracts under grants, loans, and cooperative agreements) and that all ~subrecipients shall certify and disclose accordingly. This certification is material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 33., U,S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $io,000 and not more than Sioo,ooo for each such failure. Executed this date of 19 ey (~aignature) (typed or printed name) (title, if any) Covered Action: Purchase & Conversion of_buildinq for LaPorte SPORT Center (type and identity of program, project or activity) os-a~-gp 02 ?: ?~ ~°oM ca~~ a~v~LOp~~~~T ~, ~ ~ ORDER AUTHORIZING AGREEMENT BETWEEN HARRI$ COUNTY AND THE CITY OF LA PORTE THE STATE OF TEXAS § § COUNTY OF HARRIS § On this the day of , 1990, at a regular meeting of Commissioners Court, sitting as the governing body of Harris County, Texas, upon motion of Commiasioner , seconded by Commissioner , duly put and Garrz~ed, IT IS ORDERED that Harris county enter into an interlocal agreement with the city of La Porta fox the funding of the design and construction of a raoreation and therapy G@riter for the physically and mentally disabled in the City cf La Porte using Community Development Block Grant funds in the amount of $485,000.00, said agreement being incorporated herein by reference for all purposes as though fully set Borth herein word for word. ~ ~ REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 10, 1990 Requested By: Robert Herrera Department: Administration X Report Resolution Exhibits: Letter from NLC Executive Director Copy of Delegate Form Ordinance SUMMARY & RECOMMENDATION The bylaws of the National League of Cities states that each direct member city is entitled to cast from one to 20 votes, depending on the city's population, through its designated voting delegate at the Annual Business Meeting of the Congress of Cities. The City of La Porte is entitled to cast one vote. Each voting delegate and alternate voting delegate must be designated on the attached form and returned to NLC on or before October 12, 1990. Please note that no proxy voting is allowed. Each voting delegate or alternate voting delegate must attend the annual business meeting to cast the City's vote. Action Required by Council: Designate voting delegate and two alternate voting delegates to represent the City of La Porte at the Annual Business Meeting of the Congress of Cities to be held in Houston December 5, 1990. Availability of Funds: N/A General Capital Other Account Number: Funds Available: YES NO ApproAved~for City Council Agenda Robert T. Herrera DATE City Manager Fund Water/Wastewater Improvement General Revenue Sharing .. • National /~Q 1301 Pennsylvania Avenue NW ~e~ /"nut IUn_/ ~U League Washington, D.C. Of ~ 20004 / ~_ Cltles (202) 626-3000 Fax: (202) 626-3043 August 10, 1990 To: Mayors of Direct Member Cities '/y~ /~/y- From: Donald J. Borut, Executive Directory-~ Officers Presittenl Bob Rden Mayor. Fat Walb. Texas First Vice Pnesr[yerV Sidney J Banhelemy Mayor, New Orleans, Lourstana second Nce P~esrdenl Glenda E. Hood Conunissioner. Orlando. Florida ImmerSale Past Piesndenf Pamela P Plumb Counala. Ponland. Maine Executive tAreclru lbnald J Baul Subject: Designation of Voting and Alternate Voting Delegates, Annual Congress of Cities, December 1-5, 1990 Houston, Texas 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 5, 1990 in the George R. Brown Convention Center. (Please consult your convention program at the Congress of Cities for the exact starting time and meeting room.) 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 12, 1990. 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 Past P»sldenb: Tom Bndlsy, Mayor, Los Angeles, Cafilorroa Ferd L. Harrison, Mayor, Scdland Neck, Nonh Carding Wllllam H. Hudnul, III, Mayor Indianapdis, Indiana • Jeule M. Rattley, Mayor, NewpOn News. Virginia Ctdhy Reynolde,Cotincilwoman-al-Large, Dernar, Cdorado John P. Rouukla, Mayor, Savannah, Georgia • DI»cto»: Jens Baksr, CouncA Member, San Mateq Calllaria Jwn Bab-, Pro Tempore. Lubtxxk, Texas • Carolyn Lonq 8anka, Counalmember. Atlanta. Georgia • Ksnnsth G. Bueche, Executive Dtrecla, Cdaado Muricrpal League Merye»t W. Grpsnter, Mayor, Thanlon, Cdsado • Stephan T. Gsuno, Deputy Maya. Manchester, Cortnectir'ut Jost Cogsn, Executive Director and General Counsel, Csxtecticut Conlererx:e d Murtrtdpalittes • Beulah CougMnour, Councils, Indranapdrs, Indana Joseph S. Deddone, Maya, AAaMawn, Pennsylvania Grol P. Day, Councils. Gorham. Maine Palmer A. DePaulle, Maya, Salt Lake City, Ulah • June M. FJslend, Councilwoman, New York, New York Heather Flynn, Assemdy Member, Arx•Jtorage, Alaska John A. Gamer, Jr., Executive Directs, Peruu~Avaria league d Cores • Gsoegs D. Goodman, Executive Directs, Michigan Municipal League Frod Guam, Council Member, San Marcos, Texas Jack Hebner, Council Member, Spokane, Washington • Jw B. Jaebon, Maya[ Murlreesbso. Tennessee Sharps James, Mayor, Newark, New Jersey • Batty Ann Kane, Council Member, Washrnglon, DC • Patricia A. Klllo»n, Mayor, Crestwood. Missouri PeUr Klnq, Executive Director, League of lows Municipatiues • AAIW D. Lindberg; Oily Commissioner. Portland, Oregon • Gary S. Merkenson, ExecutiW Dvector. M~ssoun Murxcipal League Raul L. Mertlnaz, Mayor. Hialeah, Florda Wllllam A. Mayer, Executive (Ana;ts.Oklafroina Municipal league Adotl Ollvas,Mayru, Harndtnn. Ohio Dwld D. Orr, Alderman, Ctxca[p, lltinas David E. Reynolds, E zecuuve [Arecta, North Carding t eague of Murxc:gxiliDes Scott A. Sean4nd, Ccwrx•.ibn, Be>s,pre Fannie, Ncw Mexux~ Burton Stallvrood, Taan Admrrnslrawr, Lincdn. Rha1e Island Hao Te kasugl, Mayor [)angst, Catilonua • Rlcherd C. Townsend, Executive Uuaaor, lra~ue nl Oregon tikes Avery C. Upchurch, Mayor, HnteuJh. North Carotins Thomas J. Volgy, Mayon lucson, Annxai .. • National League of Cities Annual Congress of Cities Number of Votes - Direct Member Cities Article IV, Section 2 of NLC's Bylaws specifies as follows the number of votes which each member city of the National League of Cities is entitled to cast at the Annual Congress of Cities: City Population Number of Votes Under 50,000 1 vote 50,000-99,999 2 votes 100,000-199,999 4 votes 200,000-299,999 6 votes 300,000-399,999 8 votes 400,000-499,999 10 votes 500,000-599,999 12 votes 600,000-699,999 14 votes 700,000-799,999 16 votes 800,000-899,999 18 votes 900,000 and above 20 votes Note: Member cities are required by the Bylaws to cast unanimous votes. 1990 CON(~RE88 OF CITIES -- HOUSTON, TEZ]-8 To: Chairman, Credentials Committee National Lea a of Cities ~r FpR` pFFICB~ US$h aNLX,~ , ~4 ; i, 7 ~ r u '~-)b ~ ~ ~Yf.~t ~ ~z~ ~~ ~ F~~~, 1301 Pennsylvania Avenue, N.W. ~d ~~ Washington, D.C. 20004 ~ ~~~~ ~y ,~~,,,~ r~,~~n~a~~~~# i; ~+~~, ~~ ~ ~"~~A k~r~`ti~4.j No , of Votes t ,I k.,~ '~ +~~;: The official voting delegate and alternates of the City of N are as follows: FOB-~ pFF'ICEr"'QSE ~ ONLY f g +, ~ ~~ + ~f Ad .~ Cre.~f,~ i~'t~x,~:~x~ ."t~l' iY~1~t5y~ ors M1~1•+ j +f ~ ~F';~1 r y ~r ~: 1 i~ ?. Record~~~ID, #r~,~~s~' + `° ~~w h 1. NAME FOR ~OFF~ICE,, OSE ~_ONLY I ~;~; ~ r.";~;'~ :~,~ VOTING ~ARD~';ISSUED TO ~ ~A'~` Signature r ~, + ~ !i VOTING DELEGATE T I•rLE STREET ADDRESS (PLEASE DO. NOT USE P.O. BOR NUMBERS CITY FOR OFFICE,USB ONLX -,r Adv. Cre: . ' On=Site Cre'. - Record ID # ~. 2. NAME STATE 'LIP CODE FOR OFFICE USE ONLY Adv. Cre. On-Site Cre. Record ID # ALTERNATE VOTING DELEGATES TITLE STREET ADDRESS (DO ,NOT USE P.O. BOX N0.) CITY, STATE, ZIP CODE 3. NAME TITLE STREET ADDRESS (DO NOT USE P.O°; BOX.NO.) CITY, STATE, ZIP CODE SIGNED: TITLE: DATE: NOTE: Each direct member city is entitled to one voting delegate and two alternate voting delegates. The number of votes which can be cast is based on the city's population as determined in the 1980 Census. 1. PLEASE DO NOT FILL IN SHADHD ARHA. TIIIS IS FOR NLC OFFICE USE ONLY 2. Please type or print .your city name in the space provided 3. Please type or print the name, title, city, state and zip code of your voting delegate and alternate(s). 4. Please sign [he WIIITE form and return to Chairman, Credentials Committee; send the YELLOW copy to your State Lea ue llirector; and keep PINK copy for your records. KNOX W. ASKINS JOHN D. ARMSTRONG August 30, 1990 • RECEIVED {~ ~i-9o ~3 COMM. DEV. ASKINS S~ ARMSTRONG, P. C ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P. O. BOX 1218 LA PORTE, TEXAS 77572-1218 Mr. Robert T. Herrera City Manager City of La Porte City Hall La Porte, Texas Re: Shady River Restrictions Dear Mr. Herrera: TELEPHONE 713 471-1886 TELECOPIER 713 471-2047 - '-~~.---_.'--. -..-.----r [- ~ ~ ~ ~ L__. __ ~ ,, '~. 1 1C.>~ .y~ ~ ~` ~: ~; t (~'T' I v't v `'' '~ At your request, I have examined letter dated August 6, 1990, from Shady River Civic Association, requesting that the City of La Porte join in the petition for amendment of the Shady River Deed Restrictions, in connection with Lot 5, Block 3, Section 2, which is owned by the City of La Porte. This lot was acquired recently by the City of La Porte, for access to a sanitary sewer lift station. I have examined the proposed restrictions attached to this letter, and have no objection to the City of La Porte joining in the petition. Subdivision maintenance fees are a lien against the property, in the chain of title, and the City of La Porte is presently paying the annual maintenance fee, and, if the petition is approved, would be liable for an increased maintenance fee on its lot. It is my understanding that Mr. River Civic Association, will b on September 10, 1990, to answer James R. Zoller, President of Shady e present at the City Council meeting any questions. Yoy~r-s, very tru~, ~ ~ ~' ' ~ ,~/,f , ( ` ,.C i~ ate' ,/ Rnox V~. Askins City Attorney City of La Porte RWA:sw • • SHADY RIVER CIVIC ASSOCIATION P.O. BOX 662 F LA PORTE, TEXAS 77572-0662 August 8, 1990 Mr. Robert T. ~~errera, City ~•4anager City of La Porte 604 West Fairmont Parkway La Porte, Texas 77571 ~ECE~'~c-~--`' ~. , ~ G 0 8 1990 C~i T ~, _, n.-~;~~~ - ~ ,~~ Re: Shady River Subdivision Lot 5, Block 3, Section 2 Dear Mr. Herrera: We are in the process of revising the Shady ''.fiver Deed Restric- tions which requires signing of a petition by the ocaners of at least 75$ of the lots. The City of La Porte o~~ans the referenced lot and, accordingly, we are requesting signing of the petition by the City. I understand this requires approval by the City Council, and I respectfully request this :subjPCt be placed on the agenda for the City Council "~eeting on Plonday, August 27, 1990. The primary reason for revising the Deed Restrictions is to pro- vide for more flexible and dependable financing of Shady River to aic~. in ~;~aintaining it an attractive subdivision with conse- quent `~enefit to property values. Currently, Shady River is fi- nancec? by three ( 3 ) fees ~ A Maintenance Fee which is assessed on all lots and is se- cured by a lien created by the Deed Restrictions. This fee is $100 per year for most lots, including the City's lot. Voluntary Swimming Pool Dues of $130 per year, currently paid by about 50 residents. Voluntary Civic Association Dues of $22.50 per year, cur- rently paid about 80 residents. The very fact there are three (3) separate fees (with corre- sponding funds) with two of them voluntary results in an inflex- ible and undependable financing of Shady River. The proposed Deed Restrictions provide for replacing the three (3) fees noted above with a sin~~le annual assessment, secured by. a. lien on each lot. The incremental cost to the City would be $20 per year for the first year of operation under the revised Deed Restrictions. Attached is a copy of the Petition and an information package designed to help explain the reasons for and the features of the revised Deed Restrictions. If you have any questions, please let me know. Also, I plan to be at the Council Meeting on the 27th and will be prepared to answer questions at that time. Thank you. Sincerely ours, Jam R. Zoller Pr ident, Shady River C is Association .~ MEMORANDUM September 6, 1990 TO: Mayor and City Council FROM: Cherie Black SUBJECT: Shady River Deed Restriction Revisions I have a copy of the revisions in my office if any of you would like to see them. ® t ~~~ ~ Cherie Black • • SHADY RIVER REVISED DEED RESTRICTIONS WHY The ,major reason for revising the Deed Restrictions is to provide a more dependable and flexible means of financing the subdivision than now exists. Shady River is now financed via three funds as follows: o A maintenance charge - used for such things as mowing the grounds, landscaping, major repair (e.g., the front fence), payment of taxes, etc. This charge is either S25 or 5100 depending on whether the lot owner signed an amendment to the Deed Restrictions placing an additional "sezvice charge" of 575 on the specific lot involved. Most lot owners are obligated to pay 5100 per lot, but some are obligated to pay S25. Collection is enforceable through a lien placed on the property in the event of non-payment. o Civic Association dues - this is a voluntary membership fee of 522.50 per year used for such things as postage, stationery, safety deposit box fee and liability insurance for the subdivision. off. p'l3o Pty .l~dr o Swimming pool dues - this is a voluntary membership fee which is used for operation and maintenance of the swimming pool. The revised Deed Restrictions would provide foz replacement of the above fees by an annual assessment to be used to finance all the functions noted above. In addition, the revised Deed Restrictions would allow special assessments for repair or construction of capital items with appropriate approval by the membership. Collection of the assessments would be enforceable through a lien placed on the property in the event of non- payment. Obviously, this would provide for more stable and flexible financing of Shady River and help ensure that Shady River is maintained as an attractive sub-division. Another important feature of the revised Deed Restrictions is that the above mentioned liens would be subordinate to any first mortgage liens on property. It is understood this is a Government requirement for an FHA insured home loan. Including this provision should allow improved market- ability of Shady River homes. • • Summary A summary of the major features of the revised Deed Restrictions follows: o Assessment Details - Two-tier assessment -- maximum assessment for first year, 5150 for a lot with a residence and S120 for a vacant lot. - Haximum annual assessment can be increased up to 5$ each year by Board of Directors; can be increased by more than 5$ by two-thirds vote of lot owners voting in person or by proxy at a meeting. - Can levy special assessment with two-thirds vote of lot owners voting in person or by proxy at a meeting. - Secured by a lien. o Other Significant Provisions Differing From Current Restrictions - Lien on assessments to be subordinate to first mortgage lien. Understand this is an FHA requirement to insure an FHA loan. - Right to sell off Association property, but only with the assent of lot owners who ovn at least 75$ of the lots. - Clarification that boats, trailers, motor homes, etc. cannot be stored or parked in front of the building setback line. Current restrictions prohibit storage/parking "in front of any residence." - Spell out that the Shady River Civic Association is the administrator of the Deed Restrictions. This is not a change, but it is not documented in a readily available source. - Deed Restrictions can be terminated or amended with the assent of lot owners who own at least two-thirds of the lots. The current Deed Restrictions can be terminated by a majority vote, but can be amended only by a 100$ vote. Details Referring to the "Comparison Between Original Restrictions and Restated Restrictions" starting on page 13, a description of each change or addition is as follows: -1- • o Section 1 Introduction - p 13. Revised to reflect that Shady River is now a mature subdivision and not under active development by Shady River Developments. o Paragraph 1(d) - p 14. Revised to eliminate exception for garage apartments used as servants' quarters - contrary to City ordinance o n single family dwellings. o Paragraph 2(a) - p 19. Revised as follows: - Provide for 4 car garages. - Deletes reference to servants' quarters. - Changes square footage requirements to be consistent with Sections 2 and 3. - Spells out situation on flood plane houses. o Paragraph 2(c) - p 19. Eliminates references to boat house, boat shed, etc. o Paragraphs 2(d) and 2(e) - pp 14 ~ 15. Revised to recognize a boat channel never materialized for Shady River. o Paragraphs 2(f) and 2(g) - p 15. Revised to reflect that the Shady River Civic Association is now the administrator of the Deed Restrictions. o Paragraph 2(j) - pp 15 & 16. - Revised to eliminate references to boat house, boat shed, etc. - Revised to reflect that the Shady River Civic Association is now the administrator of the Deed Restrictions. o Paragraphs 3(a) and 3(b) - pp 16 ~ 17. Revised to reflect annexation of Bay HUD by La Porte. o Paragraph 3(c) - p 17. Revised to reflect that the Shady River Civic Association is now the administrator of the Deed Restrictions. Also, adds the requirement of an inspection by a licensed plumber per City code . o Paragraphs 3(d) and 9(a) - pp 17 ~ 18. Revised to reflect annexation of Bay HUD by La Porte. o Paragraph 4(b) - pp 18 ~ 19. Revised to correct a "typo." -2- • • o Paragraph 5 - p 20. Section on the Boat Channel deleted and replaced with a section on Association Property. Note the provisions on sale of Association property and delegation of an owner's rights. o Paragraph 6(c) - p 21. Revised for clarification only - not believed to be a change in intent. o Paragraphs 6(d) and 6(e) - p 21. Revised/deleted to reflect that Shady River Developments is no longer actively developing Shady River. o Paragraph 6(f) - Revised to reflect that the Shady River Civic Association is now the administrator of the Deed Restrictions. ,~ z 3 o Paragraph 7 - pp 21~ 22 - Deleted entire section having to do with the Shady River Addition Committee, who formerly administrated the Deed Restrictions, and replaced with a section on the Shady River Civic Association, the current administrators of the Deed Restrictions. Believe the new section is self-explanatory. Note that lot owners are members of the Association, not residents as specified by the Bylaws. o Paragraph 8 - pp 23 ~ 24. Deleted entire section on the Maintenance Fund and replaced with a section on Assessments. Believe it is self-explanatory. Note the definition of a lot with a residence, 8(a), and lien subordination, 8(k). o Paragraph 9 - pp 26 ~ 27. Revised as follows: Allowable termination dates updated. - Provision to terminate the Deed Restrictions changed from a majority vote to a 2/3 vote. - Provision added to allow amendment of the Deed Restrictions with a 2/3 vote. - Wording of a document added 9(d), which can be used by lot owners later on if they want to be included under the new Deed Restrictions. o Sections 2 and 3 Most of the deletions/changes flow from changes already described in the Section 1 Restrictions, but note the following: -3- • - The paragraph on pp 29 ~ 30 having to do with the Community Lot (the park) and the paragraph on pp 33 6 39 having to do with the swimming pool lots have been deleted. Reference to these properties is now in paragraph 5 of the Section 1 Restrictions - p 20. - Paragraph 5 of Section 3 - p 33. Revised to reflect La Porte specifications on sidewalk construction. o Signature Page - p 35. Note the two methods a pzoperty owner can use to opt out of the revised Deed Restrictions - either by not signing the petition and then filing with the County within one year after receiving notice the petition has been filed with the County, or by signing the petition and checking the "reject restrictions" line. -9- Q. Why is a lot with a residence assessed more than a lot without a residence? A. For these reasons: - This is consistent with tax administration, where the practice is to assess an improved lot more than an u niniproved lot. - The owner of a lot with a residence generally has more opportunity to take advantage of the facilities in Shady River - the park and the swimming pool, for example - than does the vacant lot owner. Q. I have a swimming pool and don't use the Shady River pool. Why should I support the new Deed Restrictions, which if adopted, would require me to pay an assessment that is used in part to operate and maintain the Shady River pool? A. We believe the pool and the park, for that matter, are integral to the entire subdivision. They help make Shady River attractive to potential home buyers and, as such, improve everyone's property values. We believe its reasonable and not unusual for an assessment to be used to support an entire subdivision, including recreational facilities. Q. Could a user's fee be charged for swimming pool users in addition to the annual assessment? A. This not currently planned, but the revised Deed Restrictions do not preclude it. Q. What is required to make the revised Deed Restrictions effective? A. The petition must be signed by "owners who own in the aggregate at least 75$ of the total number of lots in the subdivision." Q. If the above requirement is met and I did not sign the petition, will the new Deed Restrictions apply to me? A. Yes, unless you file a notarized statement with the County within one year after you receive notice that the petition has been filed with the County. Q. Can I be excluded from the new Deed Restrictions in any other way? -1- • A. Yes, by signing the petition and checking the "Reject Restrictions" line. Q. If I do this, does my signature count toward the 75$ requirement? A. Yes. Q. What is my status if the new Deed Restrictions become effective and I am not covered by them? A. You remain covered by the current Deed Restrictions. Q. What will happen to the current Maintenance Fund if the revised Deed Restrictions become effective? A. Since it is probable that some lot owners would remain covered by the current Deed Restrictions, the Maintenance Fund would continue to be viable and used for the same purposes as it is now. Q. What will happen to monies left in the Swimming Pool and Civic Association accounts if the revised Deed Restrictions become effective? A. They would be merged into a new account for the assessments under the new Deed Restrictions. Q. Could I be a member of the swimming pool if I elected not to be covered by the new Deed Restrictions. A. Highly unlikely since there would no longer be a swimming club with a dues structure and you would not be contributing to support of the pool. Q. 51nce a lot owner can sign the petition for the revised Deed Restrictions and elect not to be covered by them, isn't it possible for the revised Deed Restrictions to become effective but only apply to a small number of lot owners? A. Yes, this is possible, but unlikely. It is not the intent of the Board to file the petition if significantly less than 75$ of the lots would be actually covered by the new Deed Restrictions. Q. What would be the actual assessments for the first year of operation under the revised Deed Restrictions? A. The Board would have to fix the assessments up to a maximum of $150 for a lot with a residence and $120 for a lot without a residence. In all likelihood they would be set at the maximum for the first year. -2- • Q. How were the above amounts determined? A. They were based on a 10$ increase of the actual Shady River expenses for 1989 (less the cost of the fence repair) with certain assumptions made on the number of delinquencies and lot owners electing to remain covered by the current Deed Restrictions. Q. Why was provision allowing sale of Association property included in the revised Deed Restrictions? A. To allow a "last ditch" method of raising cash similar to the ability of a business or an individual to sell off assets if absolutely needed to raise cash. Approval of the owners of 75~ of the lots would be required to take such action. Q. I plan to elect not to have the new Deed Restrictions apply to me. Since the old Deed Restrictions do not have a provision allowing sale of Association property, what is my situation? A. The current Deed Restrictions allows a perpetual right for lot owners to use the park and the swimming pool lots. As long as there is/are lot owner(s) who have a right to use these lots it would be impossible to convey usable title to this property without that specific lot owner(s) approval, in the opinion of our attorney. In other words, the provision in the new Deed Restrictions allowing sale of Association property may be meaningless unless and until all lot owners are covered by the revised Deed Restrictions. Q. How many lots are there in Shady River? A. There are 205 residential lots and 3 lots belonging to the Civic Association. Q. Does the 75~ requirement to make the new Deed Restrictions effective apply to 205 or 208 lots? A. Not sure, will get a legal opinion if this becomes a factor. -3- REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 10, 1990 Requested By: Louis Rigby Department: 600 Exhibits: Report Bid Tabulation Resolution SUMMARY & RECOMMENDATION ordinance Sealed bid #0395 for carpet and wall covering replacement at City Hall were opened and read on August 13, 1990. Bid requests were mailed to eleven (11) carpet dealers with two (2) returning bids. Low overall bid was submitted by Atherton's Floor Store for a 24 ounce carpet in the amount of $20,870.30. This bid was made necessary by the flooding incurred in City Hall when the atrium cover failed to keep the rain water out. The City has received a check in the amount of $37,632.97 from the insurance carrier for the settlement of this claim. Action Required by Council: Approve awarding bid to Atherton's in the amount of $20,870.30. Availability of Funds: X General Fund Nester/Wastewater Capital Improvement General Revenue sharing Other Account Number: 001-200-213-003 Funds Available: X YES NO Approved for City Council Agenda Robert T. Herrera Date City Manager Sealed Bid ~~0395 Carpet and Wall 7\ • Covering therton's Sherwin herwin Floor Williams Williams Store (alternat ) r t 1 330 s d) 8.41 8.09 14.05 2. Wall Coverin (1,200 LY) 6.25 7.80 7.80 3. Base (2,300 LF) .95 .82 .82 4. Total Bid 20,870.30 22,005.70 29,932.5 5. Car et Tlanufacturer Keystone J & J J & J