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HomeMy WebLinkAbout1990-12-10 Regular Meeting e e MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL AND CITIZENS PARTICIPATION MEETING DECEMBER 10, 1990 1. The meeting was called to order by Mayor Malone at 6:00 P.M. Members of ci tv 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 ci tv Staff Present : City Manager Bob Herrera, City Attorney Knox ASkins, Assistant to the City Secretary Sue Lenes, Assistant city Manager John Joerns, Assistant Director of Public Works Buddy Jacobs, Golf Pro/Manager Alex Osmond, Golf Course Superintendent Dennis Hvalaty, Human Resources Manager/Purchasing Manager Louis Rigby, Director of Community Development Joel Albrecht, Police Chief Bobby Powell Others Present: Mr. Ed Feith; John Black, Bayshore Sun; several citizens 2. The invocation was given by Councilperson Skelton. 3. Council considered approving the minutes of the emergency meeting held November 6, 1990. Motion was made by Councilperson Porter to approve the November 6 minutes as presented. Second by Councilperson Clarke. The motion carried, 9 ayes and 0 nays. Nays: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Skelton, Clarke Malone None Matuszak, and Mayor Ayes: 4. Council considered approving the minutes of the regular meeting held November 12, 1990. Motion was made bv Councilperson McLaughlin to approve the November 12 minutes as presented. Second by Councilperson Porter. The motion carried, 9 ayes and 0 nays. Nays: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Skelton, Clarke Malone None Matuszak, and Mayor Ayes: e e Minutes, Regular Meeting & citizens Participation Meeting La Porte City Council December 10, 1990, Page 2 5. The following citizens addressed Council: Mr. Ed Feith addressed Council regarding "Bay Day" to be held at Sylvan Beach on Memorial Day weekend and requesting assistance from City staff. Mr. Charlie Young addressed Council regarding the high rates charged by HL&P. Councilperson Gay left the Council table at 6: 20 P. M. to address Council as a citizen. He addressed Council regarding Martin Luther King's birthday being considered as a city holiday under item 20. He requested a workshop be held to discuss this matter, since he feels there are only two days that mean anything to minorities - June 19th and Martin Luther King's birthday. 6. The Mayor opened the citizens participation meeting to receive input regarding project proposals for the 1991 Community Development Block Grant application. Director of Communi ty Development Joel Albrecht addressed Council with a report on the participation meeting held by the Planning and Zoning Commission. He reported that the targeted area for funds is the north side of La Porte. Fund amounts listed are approximate. Planning & Zoning commission recommended the following projects: (1) Demolition of substandard structures ($50,000); (2) Replacement of stormwater drainage lines located on Madison and Polk streets, extending from 6th street west underneath Highway 146 to Little Cedar Bayou (study and design of the drainage $50,000); (3) Complete renovation of the San Jacinto street swimming pool ($100,000); (4) Installation of handicap access to five intersections on Main street ($50,000); (5) Cleaning and clearing up of lots within the targeted North Side area. The first four items were prioritized in the order given; item 5 was dropped completely because CDBG funds cannot be used for this purpose. Mr. Albrecht asked that, after public comment before the Council, that Council establish priorities in order to give direction to staff so that the application can be completed and submitted by January 4, 1991. Public comments were as follows: Councilman Deotis Gay, speaking as a representative of the La Porte Community civic Club (North Side civic Club), recommended the first three items as listed above, except to increase the funds for item 1, in order to take care of removing any asbestos present in the structures. e e Minutes, Regular Meeting and citizens Participation Meeting La Porte City council December 10, 1990, Page 3 councilman Clarke asked if there would be enough funds to do all three items. city Manager Herrera explained the need of Council to set an allotment for each item and rank the items according to need. After discussion regarding liens against owners for reimbursement of funds expended for demolition of substandard buildings, the Mayor declared a 15 minute recess. council reconvened at 7:00 P.M. The Mayor asked for citizen input regarding the CDBG project proposals. There was no citizen input. The Mayor declared the participation meeting closed. councilperson Sutherland suggested that the recommendation of the Planning and Zoning commission be adopted, subject to modification of changing the recommended allotments. Councilperson Cooper seconded the suggestion. Councilperson Gay wished to formalize the recommendation by stating that $15,000 be added to the funds for item 1 and decreasing the funds by $15,000 for item 4. 7. Council considered an ordinance denying proposed schedule of rates for electric utility service filed by Houston Lighting & Power Company. The City Attorney read: ORDINANCE 1737 - AN ORDINANCE DENYING THE PROPOSED SCHEDULE OF RATES FOR ELECTRIC UTILITY SERVICE FILED BY HOUSTON LIGHTING & POWER COMPANY; CONTAINING FINDINGS AND OTHER PROVISIONS RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bv Councilperson Clarke to adopt Ordinance 1737 as read bv the citv Secretary. Second by Councilperson Skelton. The motion carried, 9 ayes and 0 nays. Nays: Councilpersons Sutherland, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke Malone None Cooper, and Mayor Ayes: 8. Consider ordinance appointing a redistricting committee, and establishing its powers and duties. This item was requested to be taken to executive session before any action is taken. 9. Council considered an ordinance approving and authorizing contract for 14th Street sanitary sewer extension. e e Minutes, Regular Meeting and citizens Participation Meeting La Porte City council December 10, 1990, Page 4 The City Attorney read: ORDINANCE 1739 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BY AND BETWEEN THE CITY OF LA PORTE AND McKEY CONSTRUCTION & EQUIPMENT, INC., FOR A SANITARY SEWER EXTENSION ON 14TH STREET, FOR A CONTRACT PRICE OF $45,676.96; 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 1739 as read by the city Attorney. subject to Chevron U.S.A. and Hardy-Angel Rent Properties depositinq funds into an escrow account with the City. Second by Councilperson Sutherland. The motion carried, 9 ayes and 0 nays. Nays: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Skelton, Clarke Malone None Matuszak, and Mayor Ayes: 10. Council considered an ordinance approving and authorizing a contract for East "E" Street construction. The City Attorney read: ORDINANCE 1740 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BY AND BETWEEN THE CITY OF LA PORTE AND ANGEL BROTHERS ENTERPRISES, INC., FOR CONSTRUCTION OF EAST "E" STREET, FOR A CONTRACT PRICE OF $1,237,305.00; 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 1740 as read by the city Attorney. Second by Councilperson Gay. The motion carried, 9 ayes and 0 nays. Nays: Councilpersons Sutherland, Cooper, MCLaughlin, Porter, Gay, Skelton, Clarke Malone None Matuszak, and Mayor Ayes: 11. Council considered an ordinance amending Ordinance 1587, an ordinance establishing user fees and regulations for the City of La Porte Bay Forest Golf Course. The City Attorney read: ORDINANCE 1587-C - AN ORDINANCE AMENDING ORDINANCE 1587, AN ORDINANCE ESTABLISHING USER FEES AND RULES AND REGULATIONS FOR THE CITY OF LA PORTE BAY FOREST GOLF COURSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. e e Minutes, Regular Meeting and citizens Participation Meeting La Porte City Council December 10, 1990, Page 5 Motion was made bY Council person Sutherland to adopt Ordinance 1587-C as read bY the city Attorney. Second by Councilperson McLaughlin. The motion carried, 9 ayes and 0 nays. Nays: Councilpersons Sutherland, Cooper, Matuszak, MCLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone None Ayes: 12. Council considered an ordinance granting a permit under Chapter 16, "oil and Gas Wells," of the Code of Ordinances of the City of La Porte, and approving the application of Arkla Exploration Company to drill a 12,000 foot well. The City Attorney read: ORDINANCE 1659-B - AN ORDINANCE GRANTING A PERMIT UNDER CHAPTER 16, "OIL AND GAS WELLS," OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, AND APPROVING THE APPLICATION OF ARKLA EXPLORATION COMPANY TO DRILL A 12,000 FOOT WELL; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Sutherland to adopt Ordinance 1659-B as read by the city Attorney. Second by Councilperson Clarke. The motion carried, 9 ayes and 0 nays. Nays: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Skelton, Clarke Malone None Matuszak, and Mayor Ayes: 13. Council considered an ordinance vacating, abandoning and closing portions of north "E" Street, Tyler Street, Madison Street, Kansas Street, Utah Street, and the alleys in Blocks 432 and 433; and retaining certain public utility easements. The City Attorney read: ORDINANCE 1694-A - AN ORDINANCE VACATING, ABANDONING AND CLOSING PORTIONS OF NORTH "E" STREET, TYLER STREET, MADISON STREET, KANSAS STREET, UTAH STREET, IDAHO STREET, AND THE ALLEYS IN BLOCKS 432 AND 433, IN THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; RETAINING CERTAIN PUBLIC UTILITY EASEMENTS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING CERTAIN CONDITIONS PRECEDENT TO THE EFFECTIVE DATE HEREOF. Motion was made by Council person Gay to adopt Ordinance 1694- A as read bY the city Attorney. Second by Councilperson McLaughlin. The motion carried, 9 ayes and 0 nays. e e Minutes, Regular Meeting and citizens Participation Meeting La Porte city council December 10, 1990, Page 6 Ayes: Nays: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Skelton, Clarke Malone None Matuszak, and Mayor 14. Council considered awarding a bid for turf covers for Bay Forest Golf Course. Motion was made bY Councilperson Porter to award the bid for turf covers to Hendrix and Dail, Inc., in the amount of $10,010. Second by Councilperson McLaughlin. The motion carried, 9 ayes and 0 nays. Ayes: Nays: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Skelton, Clarke Malone None Matuszak, and Mayor 15. Council considered awarding a bid for equipment for Bay Forest Golf Course. Motion was made bY Councilperson McLauqhlin to award the bids for eauipment for Bay Forest Golf Course to Watson Distribution for one riding green mower, one tow-type top dresser, one greens aerator, and one off-road utility vehicle: and to Goldthwaites of Texas for one 72" out-front rotary mower and two walk behind qreens mowers. Second by Councilperson Gay. The motion carried, 9 ayes and 0 nays. Ayes: Nays: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Skelton, Clarke Malone None Matuszak, and Mayor 16. Council considered entering a lease agreement with Cliff Hyde Flying Service, Inc., for tie down space and airport property. Motion was made by Councilperson McLauqhlin to extend the lease aqreement with Cliff Hyde Flyinq Service for one Year, to expire December 31, 1991. Second by Councilperson Gay. The motion carried, 9 ayes and 0 nays. Ayes: Nays: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Skelton, Clarke Malone None Matuszak, and Mayor 17. Council considered authorizing purchase of plastic garbage bags through an interlocal agreement with H-GAC. e e Minutes, Regular Meeting and citizens Participation Meeting La Porte City Council December 10, 1990, Page 7 Motion was made by Council person Cooper to authorize purchase of plastic qarbaqe bags throuqh H-GAC at a total cost of $66.410. Second by Councilperson Porter. The motion carried, 9 ayes and 0 nays. Nays: Councilpersons Sutherland, Cooper, MCLaughlin, Porter, Gay, Skelton, Clarke Malone None Matuszak, and Mayor Ayes: 18. Council considered awarding a bid for a police vehicle for the C.l.D. Motion was made bv Councilperson Skelton to award a used vehicle to Hertz Corporation for a Thunderbird. Second by Councilperson Clarke. carried, 9 ayes and 0 nays. the bid for 1990 Ford The motion Nays: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Skelton, Clarke Malone None Matuszak, and Mayor Ayes: 19. Council considered approving and nominating an individual to serve on the Harris County Appraisal District Board of Directors. Council consented to confer with other representatives of Harris County Mayors' and Councils' Association at the meeting on December 20 to see which names the other cities were going to recommend. Our representatives would also put feelers out regarding the submission of either Betty Waters or Bobby Blackwell as La Porte's nominee. 20. Administrative Reports While Stan Sherwood was approaching the podium to address Council regarding item A, Mr. Herrera announced that he had passed out a letter from Senator Lloyd Bentsen, Senator Phil Gramm, and Congressman Mike Andrews which they had sent to Dr. Allen Davis of the EPA in Dallas. Mr. Herrera then read the letter, which regarded their opposition to Houston Chemical Services' hazardous waste permit application. A. New Year's Dance at Pavilion - Stan Sherwood announced that the City is sponsoring a New Year's Eve dance to be held at Sylvan Beach Pavilion. Tickets will be $10.00 per person in advance and $12.00 per person at the door. Beer and wine will be available, with a BYOB. A e e Minutes, Regular Meeting and citizens Participation Meeting La Porte City council December 10, 1990, Page 8 breakfast buffet will also be served at a cost of $5.00 per person. stan urged that attendance at this dance be encouraged in order to keep people off the highways and streets on New Year's EVe. Councilperson Gay requested that before item B (Administrative Floating Holiday) was addressed, Council, the Mayor and the City Manager would consider putting the item on a workshop agenda for discussion of that holiday (Martin Luther King's birthday). The city Manager asked that direction from Council be given staff so they could proceed. After discussion, it was decided to hold a workshop in February of 1991, or if the meeting did not have to be held on a Monday, perhaps an earlier date could be set. 21. Council Action - Councilpersons Sutherland, Cooper, Matuszak, McLaughl in, Porter, Gay, Skelton, Clarke and Mayor Malone brought items to Council's attention. 22. Council adjourned into executive session at 8: 32 P.M. to address the following: (A) Article 6252-17, Section 2(R) - Conference Discuss Appraisal of Industrial District Contracts; (B) Article 6252-17, section 2(G) - Personnel - Discuss Appointments to Re-Districting Committee; (C) Article 6252-17, section 2(G) - Personnel - Continue Evaluation of City Manager. Council returned to the table at 10:06 P.M. No action was taken in executive session. Motion was made bY Councilperson Skelton to receive values from the Harris County Appraisal District for the next tax year for the Industrial Districts and that a record be kept of time expended and problems experienced bY City staff. and that we retain Huqh Landrum & Associates on an hourly aqreement to assist in the transition phase to serve as a safety net for both the City and the Appraisal District. Second by Councilperson Clarke. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Skelton, Clarke Malone None Matuszak, and Mayor Nays: It was agreed to set another executive session to continue the evaluation of the City Manager, and that each Councilperson would bring a recommendation for an appointment to the re- districting committee to the next Council meeting. e e Minutes, Regular Meeting and citizens Participation Meeting La Porte City Council December 10, 1990, Page 9 23. There being no further business to come before the Council, the meeting adjourned at 10:08 P.M. Respectfully submitted: ~~ Sue Lenes Assistant to the city Secretary Passed & Approved this the 14th day of January, 1991 ;:~~ /;/?{/~ N&;~an L. Malone, Mayor e e REQUEST FOR CITY COUNCIL AGENDA ITEM ================================================================= Agenda Date Requested: 12-10-90 Requested By: Joel AlbreCh~epartment: Community Development X Report Resolution Ordinance Exhibits: A. Letter from Harris County Community Development Agency B. Planning & Zoning Minutes from 11-29-90 meeting C. Memo from stan Sherwood ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY & RECOMMENDATION The Community Development Block Grant Program is a Federal Government Program that provides funds up to $250,000 for cities similar to La Porte. Several requirements must be met by each participating City which include public meetings, priortization of request and submittal of the grant request. The Planning & Zoning commission held a public meeting to hear citizen input on proposed projects that will serve the targeted Northside Area of La Porte. The projects presented to the Planning & Zoning Commission by the City staff and representatives of the Northside civic Club are as follows: 1) Demolition of substandard structures - estimated cost $50,000. 2) Replacement of the storm water drainage lines that are located in Madison and Polk Streets extending from 6th Street west under Hwy. 146 to Little Cedar Bayou - estimated cost of drainage study and design - $50,000.00. 3) Complete renovation of the San Jacinto Municipal swimming pool - estimated cost $100,000.00. 4) Installation of handicap access to 5 intersections on Main Street - estimated cost $50,000.00. 5) Clearing and cleaning up of vacant lots wi thin the Northside area. The Planning & Zoning commission discussed each project and assigned priorities as shown on the first four items in their recommendation to the City Council. Item number five was omitted because the Block Grant Funds can not be used for this type project. ----------------------------------------------------------------- ----------------------------------------------------------------- Availability of Funds: General Fund Capital Improvements Other Water/Wastewater General Revenue Sharing Account No.: Funds Available: Yes No ---------------------------------------------------------------- ---------------------------------------------------------------- Approved for City Council Agenda Q~TI~ Robert T. Herrera City Manager \ 1. - '-\ -q 0 Date ======================;========================================== e e AGENDA REQUEST COMMUNITY DEVELOPMENT BLOCK GRANT FY 1991 PAGE 2 OF 2 Item number two needs to be discussed further because the estimated total cost of the project is $600,000.00. Therefore, the project will need to be broken down into more than one segment if it is to be considered. A complete drainage area study of existing conditions should be done and then the proposed storm drainage system could be designed. The actual construction of the two storm drainage lines could come from future Block Grant applications. It is estimated that the construction cost of each storm drainage line will be approximately $275,000.00 The City Council will need to consider the recommendations from the Commission, as well as other input that might be provided at their meeting on December 10, 1990. The City Council will also need to establish a priority rating to the proposed projects. Staff will then prepare a grant request for submittal to the Harris County Community Development Agency by January 4, 1991. ACTION REQUIRED BY COUNCIL: Consider recommendations from the Commission, as well as other input that might be provided and establish a priority rating to the proposed projects. , e e RECEIVED /(}-/.5 ..t107lb COMM. DEV. HARRIS COUNTY COMMUNITY DEVELOPMENT AGENCY 3100 Timmons Lane, Suite 330, Houston, Texas 77027 · 626-5651 The Honorable Norman Malone City of La Porte 604 West Fairmont La Porte, Texas 77571 6}) k) ~ {b' ~ / ~ .~" q{' <)~, \)\.\ tf~ .\. Q JON LINDSAY, County Judge WALTER l. JONES, Director October 8, 1990 Dear Mayor Malone: The Harris County Community Development Agency (HCCDA) is accepting proposals for physical improvements, public facilities and social service programs to be funded with Community Development Block Grant (CDBG) money for FY 1991. If you have a project or program for consideration, please submit a proposal following the guidelines enclosed and return it by 5:00 p.m., Friday, January 4, 1991. You may submit more than one proposal; if you do so, indicate the priority of each project. Please note that the proposal guidelines indicate that the North La Porte area of La Porte has been designated as a selected target area for FY 1991 CDBG funding. Priority will be given to proposals received from La Porte which benefit the residents of the North La Porte area. Proposals for other areas of La Porte will be accepted and considered for funding after all selected area proposals from other target areas and co-op cities have been evaluated. HCCDA strongly suggests that each co-op city hold a public hearing prior to submitting a proposal. The purpose of the public hearing is to obtam residents' views about community development needs in your community and to obtain comments regarding proposed projects for which CDBG funds will be requested. Please submit a copy of the minutes of the meeting with your proposal. We will hold a public hearing on Thursday, October 25, 1990 at 7 p.m. at this office in order to receive input concerning community development needs in Harris County and its co~op cities. You are invited to attend or to send a representative to register your City's oplmon. If we can be of any assistance to-you in completing your application, please contact Cinda Calderon at (713) 626-5651. WU:cc Enclosures l07may13 e e HARRIS COUN1Y COMMUNIlY DEVEWPMENT AGENCY 1991 COMMUNIlY DEVELOPMENT BLOCK GRANT PROPOSAL GUIDELINES I. BACKGROUND A. Overview The Housing and Community Development Act of 1974 established the Community Development Block Grant (CDBG) program to meet the needs of low and moderate income people. As a result, Harris County created the Harris County Community Development Agency (HCCDA) to implement its CDBG program. Since 1975, HCCDA has been awarding CDBG funds to local government entities and non-profit organizations to provide basic community improvements and services to residents in its service area. The HCCDA service area includes the unincorporated portion of Harris County and those cities signing cooperative agreements with the County. (See attached map of HCCDA service areas.) Houston, Pasadena and Baytown do not participate in the County's CDBG program. B. Funds Expected for FY '91 Harris County receives CDBG funds directly from the U. S. Department of Housing and Urban Development (HUD). The allocation varies each year depending on availability of federal funds. Approximately $5 million is expected to be received from HUD in FY '91. The average grant amount in past years has been $250,000. Proposals significantly greater than this amount should, if possible, be presented in phases that can be implemented over a period of years. FY '91 CDBG funds are expected to be available September 1, 1991. Social service programs will receive funds on a reimbursement basis for a one-year period. II. GENERAL INFORMA nON A. 1991 Statement of Obiectives The three primary national objectives of the CDBG program are: 1) to benefit people with low and moderate incomes, 2) to aid in preventing or eliminating slums and blight; and 3) to meet other urgent community development needs. Based on these objectives, HCCDA has developed local objectives to meet the needs of the residents it serves. The objectives are: 1) To meet the most basic public works and housing needs of low and moderate income people; 2) To encourage economic development and increased job opportunities; and 3) To stimulate social service demonstration programs that complement community development objectives. GUIDELINES Page 2 e e It is the intent of HCCDA to improve the quality of life for low and moderate income service area residents and to make the most effective use of CDBG funds. B. Selected Target Areas and Cooperative Cities Priority will be given to proposals received from or benefitting the residents of the target areas and cooperative cities listed below. Proposals for communities not on this list will be accepted and considered for funding after all selected area proposals have been evaluated. Target Areas Cooperative Cities Aldine- Westfield Barrett Station Bordersville Cedar Grove Channelview Clear Creek Cloverleaf Crosby Kenwood Linus Marwood McNair North Houston Heights Northington Sherwood Palce Spring Verde Forest Galena Park Jacinto City Katy-Woodsland Park Area La Porte-Northside Missouri City - 5th Street Area South Houston Tomball-Blackshear Street Area C. Types of Programs to be Funded HCCDA awards a large portion of its CDBG funds for permanent infrastructure improvement projects which meet such basic needs as providing clean water, adequate sewer systems and decent, safe and sanitary housing. Projects which are essential elements of a long-term plan for a comprehensive and coordinated neighborhood revitalization effort are highly encouraged and will receive greater consideration. Community group endorsements for public improvement projects should also be included in proposals. Proposals with matching funds will be given greater consideration. Applicants are requested to secure matching funds prior to submitting proposals and attach letters of commitment for such funds. For joint proj~cts, letters of support from other agencies involved must accompany proposals at the time they are submitted. A small percent of funds are available for social service programs which provide services to low and moderate income children and youth. HCCDA encourages proposals for juvenile delinquency prevention, early childhood education or child day care programs, and child abuse prevention programs. Matching funds are required unless funds are being requested for an innovative demonstration program. Social service proposals mu:;t include a description of the sources and amounts of matching funds. Joint projects which request CDBG funds to build model service facilities for which other agencies provide operating funds are also a high priority. GUIDELINES Page 3 e e D. Economic Devel09ment Proposals HCCDA will consider proposals for economic development projects that create jobs for low and moderate income people. Proposal guides for economic development projects are available by request. Call Mark Mitchell at (713) 626-5651 for information. E. ProlZCam Beneficiaries 1. Construction project:; must serve principally (51% or more) low and moderate income residents, or elderly or disabled persons. Social service and housing (direct benefit) projects must use CDBG funds only for the benefit of low and moderate income persons. 2. All facilities or improvements must be located in or near low and moderate income areas served by HCCDA. (HCCDA funds cannot be used to serve residents of or fund projects in Houston, Pasadena or Baytown). 3. If the purpose of the proposed project is to create permanent jobs for low and moderate income persons, letters of commitment must be provided for specific jobs to be created or retained for low and moderate income residents. At least 51 % of jobs created or retained must benefit low and moderate income residents. (See II.D above) 4. HUD defines low and moderate income persons as those residents of a household whose total annual income does not exceed 80 percent of the median family income for the area. For Harris County, moderate income figures are as follows: Persons in Household Annual Income Limit 1 2 3 4 5 6 7 8 $22,950 26,250 29,500 32,800 34,850 36,900 39,000 41,000 III. Other Important Information A. Land Acquisition Public improvement pr;posals should have all necessary land acquisitions completed prior to applying for CDBG funds. The acquisition of real property required for a federally-funded project must comply with federal regulations. This requirement is in effect when property is to be acquired after this application for CDBG funds is made, not merely when funds are awarded. Applicants planning to acquire real property for a CDBG-funded project after applying for CDBG funds are strongly encouraged to contact Marilynn Kindell at (713) 626-5651 prior to initiating the acquisition process. B. Disolacement The permanent displacement of homeowners, tenants, businesses, non-profit organizations or farms for CDBG-funded projects is discouraged. If permanent displacement is necessary, it must ". GUIDELINES Page 4 e e comply with federal regulations. Applicants anticipating permanent displacement must include this information in their proposal to HCCDA. C. Project Desilm and Construction Management Responsibility HCCDA will provide architectural and engineering design services and manage all phases of physical projects from design through completion of construction. If the applicant desires to fund the design of the project using its own qualified staff or an HCCDA-approved consultant, this is acceptable. All CDBG-fu~ded design will be performed by HCCDA, unless unforeseen circumstances occur. D. Limitation on Relilrious On!:anizations In keeping with the Constitutional principle of the First Amendment, certain limitations are placed on religious organizations receiving CDBG funds. Federal funds cannot be used for religious purposes; therefore, CDBG funds cannot be used to renovate, rehabilitate or convert buildings owned primarily by religious organizations, if the facility will be used for religious purposes. Religious organizations may, however, use CDBG funds for facilities, programs and activities if the facility is not used for religious purposes and if such programs and activities are carried out in a manner free from religious influences. E. Limitation on Use of CDBG Funded Facilities Facilities constructed with CDBG funds must be used for their intended purposes as described in the proposal for a period of time to be specified in a contract with Harris County. If the facility is proposed to be used for other purposes prior to the end of the specified period, approval must first be obtained from HCCDA. IV. PROPOSAL SUBMITTAL AND REVIEW PROCESS A. Proposal Submittal Enclosed are three proposal forms: 1) Physical Improvements and Facilities, 2) Social Service Facilities; and 3) Social Service Programs. Complete and submit the first page of the appropriate proposal form, and answer the questions on the remaining pages, using your own paper. Include all elements contained in the proposal form. Proposals must be complete and self-explanatory and not require oral explanation. Note: Non profit agencies, Attach Exhibit 1 and Proposal Certification items as listed in Exhibit 1. Answer all questions in a clear, concise manner. The Certifying Representative listed on page one of the proposal should be the individual who has legal authority to submit proposals for the agency or jurisdiction and enter into agreements with Harris County, i.e., the Chairman of the Board of a social service agency or the Mayor or City Manager of a co-op city. The Certifying Representative may be different from the contact person listed on that page. SUBMIT ONE ORIGINAL AND THREE COPIES OF THE PROPOSAL. All proposals are due in the office of the Harris County Community Development Agency at 3100 Timmons Lane, GUIDELINES Page 5 e e Suite 220, Houston, Texas 77027 by 5 p.m. on January 4. 1991. Incomplete proposals will not be considered. B. Proposal Review Staff may request additional information, meetings and/or site visits with applicants. A list of projects recommended for funding will be published in late Apri~ 1991. The Housing Authority Board of Commissioners will review staff recommendations in early May, 1991 and will forward its recommendation to the Commissioners' Court for consideration in late May. Applicants will be notified in writing regarding the status of their proposals after Commissioners' Court action. FOR ADDITIONAL INFORMA nON Contact the appropriate Planning and Program Development Division staff person listed below at (713) 626-5651. Physical Improvements and Facilities: Robert Kesl Social Service Programs and Facilities: Nancy Mosby Economic Development Projects: Mark Mitchell Division Manager: Cinda Calderon HCCDA (10/90) 10gdlnl( cc) e e DRAFT MINUTES PlANNING & ZONING COMMISSION MEETING NOVEMBER 29, 1990 Members Present: Chairman Inge Browder, Commissioners Lola Phillips, Eugene Edmonds. New Members Present: Commissioners Betty Waters, Wayne Anderson, Paul Schaider, Doug Martin. Members Absent: None City Staff Present: Assistant City Manager John Joerns, Director of Community Development Joel Albrecht, Building Official Ervin Griffith, Community Development Secretary Nina Browning, Assistant City Attorney John Armstrong. Others Present: Deotis Gay representing the Northside Civic Club 1) CALL TO ORDER Meeting was called to order by Inge Browder at 7:15 PM. 2) ADMINISTER OATH OF OFFICE TO NEW PlANNING & ZONING COMMISSION MEMBERS. Assistant City Attorney John Armstrong administered the Oath of Office to newly appointed Planning & Zoning Commissioners Betty Waters, Wayne Anderson, Paul Schaider and Doug Martin. 3) APPROVE MINUTES OF JULY 19, 1990 REGULAR MEETING AND WORKSHOP. A motion was made by Eugene Edmonds and seconded by Lola Phillips to approve the minutes as submitted. All were in favor and the motion passed. The newly elected Commissioners abstained from voting. 4) SELECTION OF VICE-CHAIRMAN. A nomination of Wayne Anderson as Vice-Chairman was made by Paul Schaider and seconded by Doug Martin. Betty Waters made a motion to cease nomination and was seconded by Doug Martin. Nominations ceased and the vote was unanimous for Wayne Anderson to serve as Vice-Chairman. e e Planning & Zoning Meeting Minutes of 11-29-90 Page 2 of 3 5) CONFIRMATION OF MEETING DATES, TIME AND RULES OF CONDUCT. Mr. Albrecht stated the Commission's regular meeting date was the third Thursday of each month at 7:00 PM and the Commission followed the Robert's Rule of Conduct - Current Edition. Mr. Albrecht stated that the members needed to vote and confirm the date, time and rules of the Commission for the current terms of office. Betty Waters made a motion and it was seconded by Lola Phillips to continue to hold regular meetings on the 3rd Thursday of each month at 7:00 PM. All were in favor and the motion passed. Lola Phillips made a motion and it was seconded by Doug Martin to continue to follow Robert's Rule of Conduct - Current Edition. All were in favor and the motion passed. 6) CONDUCT PUBLIC MEETING TO OBTAIN CITIZEN INPUT AND PROPOSALS FOR CONSIDERATION FOR FY 1991 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION. Staff briefing: Mr. Albrecht gave the Commission a briefing on the proposed items for the Block Grant application for their review. Mr. Albrecht stated that the Agency had allotted $250,000.00 for grants in our area. The area that has been suggested to be the target area is the Northside Area of La Porte. This area would receive a higher priority rating for projects that could be done. Projects that had been recommended for consideration for the Community Development grant funds include the reconstruction of the swimming pool that serves the Northside Area, demolition of substandard structures, drainage problems in the target area and improvements to Main Street (wheelchair access, etc.). Mr. Albrecht stated that this was the first meeting on the proposals for the Block Grant funds, the second meeting will be held with the City Council on December 10, 1990. After the Public Meeting, the City Council will set the final priority of the projects and instruct staff to prepare the grant request. The grant application must be submitted no later than January 5, 1991. Citizen participation: Mr. Deotis Gay addressed the Commission at this time. He was representing the Northside Civic Club. Mr. Gay stated that he would like the Commission to consider a grant application in the target area of the northside. Mr. Gay stated that there were structures in this area that needed demolition and the entire area cleaned up. e e Planning & Zoning Meeting Minutes of 11-29-90 Page 3 of 3 CLOSED PUBLIC HEARING. 7:55 pm After discussion of the projects submitted a motion was made by Betty Waters and seconded by Eugene Edmonds to set the priority of the projects as follows: 1) Demolition of substandard structures 2) Drainage problems in the target area 3) Swimming pool repair 4) Main Street improvements All were in favor and the motion passed. 7) STAFF BRIEFING ON FUTURE PlANNING & ZONING COMMISSION AGENDA ITEMS. Mr. Albrecht stated that most of the items had been discussed in the early orientation meeting. The items were the Zoning Ordinance annual review, the Development Ordinance, Main Street concerns, Southern Pacific Railroad General Plan and the Hotel Study. 8) ADJOURNMENT Lola Phillips made a motion and was seconded by Betty Waters to hold the next Planning & Zoning meeting on January 10, 1991. All were in favor and the motion passed. A motion was made by Eugene Edmonds and seconded by Lola Phillips to adjourn. All were in favor and the motion passed. The meeting adjourned at 8:30 PM. Respectfully submitted, Nina Browning, Secretary Community Development Approved on this the day of , 1991. Inge Browder, Chairman 11/30/90 e e RECEIVED It- E -rOM COMM. DEV. CITY OF LA PORTE PARKS AND RECREATION INTER-OFFICE MEMORANDUM DATE: November 20, 1990 TO: Joel Alb~Director of Community Development Stan Sherwood, Director of Parks and Recreation FROM: SUBJECT: 1991 Harris County Community Development Funding Allocations/La Porte Please be advised that the Parks and Recreation Department will be submitting a request for approximately a one hundred thousand dollars ($100,000) project. This project will involve Jacinto Municipal Swimming Porte's southside. a complete renovation of the San Pool located at 618 San Jacinto on La Should you require any detailed information prior to your office sending us the H.C.C.D.A. request forms, please contact me at your earliest convenience. xc: Tim O'Connor, Superintendent of Recreation Bert Clark, Superintendent of Parks e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM DECEMBER 4, 1990 TO: Robert T. Herrera, City Manager THRU: John Joerns, Assistant City Manager FROM: Joel H. Albrecht, Director of Community Development SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT FY 1991 The Community Development Block Grant Program is a Federal Government Program that provides funds up to $250,000 for cities similar to La Porte. There are several requirements that must be met by each participating City including public meetings, priortization of requests, submittal of grant request. The Planning & Zoning commission held a public meeting to obtain citizen input on proposed projects that will serve the targeted Northside Area of La Porte. The projects presented to the Planning & Zoning Commission by the City staff and representatives of the Northside Civic Club are as follows: 1) Demolition of substandard structures - estimated cost $50,000. 2) Replacement of the storm water drainage lines that are located in Madison and Polk Streets extending from 6th Street west under Hwy. 146 to Little Cedar Bayou - estimated cost of drainage study and design - $50,000.00. 3) Complete renovation of the San Jacinto Municipal swimming pool - estimated cost $100,000.00. 4) Installation of handicap access to 5 intersections on Main Street - estimated cost $50,000.00. 5) Clearing and cleaning up of vacant lots within the Northside area. The Planning & Zoning Commission discussed each project and assigned priorities as shown on the first four items in their recommendation to the City Council. Item number five was omitted because the Block Grant Funds can not be used for this type of project. e e COMMUNITY DEVELOPMENT BLOCK GRANT FY 1991 PAGE 2 OF 2 Item number two needs to be discussed further because the estimated total cost of the project is $600,000.00. Therefore, the project will need to be broken down into more than one segment if it is to be considered. A complete drainage area study of existing conditions should be done and then the proposed storm drainage system could be designed. The actual construction of the two storm drainage lines could come from future Block Grant applications. It is estimated that the construction cost of each storm drainage line will be approximately $275,000.00 The City Council will need to consider the recommendations from the Commission, as well as other input that might be provided at their meeting on December 10, 1990. The City Council will also need to establish a priority rating to the proposed projects. Staff will then prepare a grant request for submittal to the Harris County Community Development Agency by January 4, 1991. See letter from Harris County Community Development Agency. JJjJHAjneb Attachment -,.--:--.- --..-. ~._- - .T -. e e NOTICE OF CITIZENS P ARTICIP ATION MEETINGS To discuss and receive input on the City of La Porte's FY 1991 Community Development Block Grant Project Proposal( s). The meetings will be held on Thursday, November 29, 1990 at 7:00 PM in the City of La Porte Council Chambers and Monday, December 10, 1990 at 6:00 PM in the City of La Porte Council Chambers, 604 West Fairmont Parkway, La Porte, Texas. THURSDAY, NOVEMBER 29, 1990 MONDAY, DECEMBER 10, 1990 e e REQUEST FOR CITY COUNCIL AGENDA ITEH Agenda Date Requested: 12/10/90 /" Knox W. Askins ~Department: Resolution Requested By: City Attorney Report x Ordinance Exhibits: See attached ordinance. SUHHARY & RECOHHENDATION Houston Lighting & PCMer Cc:rrpany filed a rate increase application with the City of La. Porte on November 9, 1990. The City has 35 days from the date of filing in which to take action, or the rates will go into effect on December 17, 1990. The proposed ordinance denies the rates, which has the effect of placing the matter in the han::ls of the Texas Public Utili ties Ccmnission for final determination. However, the proposed ordinance contains language allowing the City of La. Porte to participate with other cities in the Coalition of Cities in an effort to negotiate a settlement of the issues. Action Required by Council: Passage of attached 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 City Council Agenda Q~T, ~ Robert T. Herrera City Manager \'t...- l.\ - ~O DATE e D "" . ':?.; tI'" ~ vJ I) 1:\I.rfJJ . 'i-l~ ./;) ~~. ,::;fA r)",/'\\ V\' {O' \61 ~"\ ~..J'~' A<< ,~ . n\~ ~ e. '\, ~. ~ ,r.,J~.? (, ~ -(', P. .. Bu 597 Sea.reek, Texas 77586 474-4151 The Light cODlpany Houston Lighting & November 12, l~ RECEIVED r NOV '.5 f~ CI TY JWANAGERS I OffiCE' . The Honorable Norman Malone City of La Porte P. O. Box 1115 La Porte, Texas 77571 Dear Mayor Malone: On Friday, November 9, 1990 our Company filed with your City a request to implement the final two steps of a three-step rate moderation plan, first initiated in November, 1988, which would allow us to recover the costs to construct new power plants to support our fuel diversification program, as well as other changes in our cost of service. As in the past, the City has 35 days in which to take action, or the rates will go into effect on December 17, 1990. The two alternatives available to the City are to Suspend or Deny the application filed. It is recognized that a number of our district cities joined the Coalition of Cities and would be hesitant to deny the application if such action would be a detriment to their participation in the coalition's effort to negotiate a settlement of the issues, while a suspension would require future action be taken by the City at the end of the 90 day suspension period. To aid you in your decision, our Company has prepared a sample ordinance that denies the Application, but which includes language that indicates ".. . the City is desirous of assuring that it will have the opportunity to continue to review the Company's case in an effort to negotiate a settlment of all issues before the Public Utility Commis- sion.. .". It is felt this is the preferred route to be taken by your City. Also attached for your review is a sample suspension resolution that may be utilized, if this is your desire. If you have any questions on this matter, I will be glad to discuss them with you, at your convenience. /,/ Sincer21Y, /"/y ~ '-t1~~ District Manager JW/jm Attachments A Subsidiary of Houston Industries Incorporated e e REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 12/10/90 Requested By: Knox w. Askins ~partment: City Attorney Report Resolution x Ordinance Exhibits: See attached ordinance. SUMMARY & RECOMMENDATION See attached letter from City Attorney. Action Required by Council: Passage of ordinance apfX)inting members to Re-Districting Carmi ttee. Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other (Motor Pool Replacement Fund) Account Number: Funds Available: YES NO Approved for City Council Agenda G<~ it ~ Robert T. Herrera City Manager \"1- \.{ -q 0 DATE - . ASKINS &. ARMSTRONG, P. C. ATTORNEYS AT LAW KNOX W. ASKINS JOHN D. ARMSTRONG 702 W. FAIRMONT PARKWAY P. O. BOX 1218 LA PORTE, TEXAS 77572-1218 TELEPHONE 713 471-1686 TELECOPIER 713 471-2047 November 30, 1990 Hon. Mayor & City Council City of La Porte City Hall La Porte, Texas Gentlemen: By federal law, the u.s. Census Bureau is required to publish final census results for each State by December 31, 1990, and for each political subdivision of the State, by census tract, by April 1, 1991. Under the Federal Voting Rights Act, and Article II of the Home Rule Charter of the City of La Porte, the population of each council district must be determined, and, if the distribution of population among the various council districts is materially unbalanced, as reflected by the 1990 Federal Census, City Council must establish new boundaries for the election of district Councilpersons. In the past, City Council has appointed a citizens committee to make the investigations, hold public hearings, and thereafter recommend new council district boundaries to City Council. Under the Federal Voting Rights Act, such a committee should fairly reflect the ethnic and racial makeup of the City of La Porte among its membership. I recommend that the attached ordinance be passed by City Council appointing a resident from each council district to the committee, with the other three members of the committee and two alternate members to be appointed from the City at large. Y~~rs v..erY tr~lY~ (j;;J'2/w~ Kno7w. Askins City Attorney City of La Porte KWA: sw T~ e e ORDINANCE NO. 1738 AN ORDINANCE APPOINTING A RE-DISTRICTING COMMITTEE, AND ESTABLISHING ITS POWERS AND DUTIES; 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 of the City of La Porte hereby appoints the following residents of the City of La Porte to a Re-Districting Committee, to-wit: Chairperson: District~l: District 2: District 3: District 4: District 5: District 6: position A: Position B: Alternate 1: Al ternate 2:. Section 2. Following publication of the 1990 Federal Census, the Re-Districting Committee shall conduct an investigation and determine the population of the City, and the population of each of the districts from which district Councilpersons are elected. Each such determination shall be based upon the best available data, including, but not limited to, the 1990 Federal Census. Each such determination shall be reported by the Re-Districting Committee to City Council, which shall express the results of such determination in an ordinance, which shall be a final determination for purposes of the Home Rule Charter of the City of La Porte. After any such determination, if the distribution of population among the various districts is determined by City Council to be materially unbalanced, the Re-Districting Committee shall, following public notice and an opportunity for public input, recommend to City Council the establishment of new boundaries for the election of district Councilpersons. 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 r &T"~ e e 'I ORDINANCE NO. 1738 PAGE 2 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 effective from and after its passage and approval. PASSED AND APPROVED, this the 10th day of December, 1990. CITY OF LA PORTE BY Norman L. Malone, Mayor ATTEST: Cherie Black City Secretary AP~zV~ Knox W. Askins City Attorney r-'\ ~ ' J f\ I . ,~/' REVISED REQUEST FOR CITY COUNCIL AGENDA ITEM ================================================================= Agenda Date Requested: 12-10-90 Requested By: Joel H. Albrecht Department: Communitv Development x Report .~ Resolution Ordinance Exhibits: 1) Recommendation from H. Carlos smith 2) Bid Tabulation ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY & RECOMMENDATION On November 26, 1990 bids were opened for the Sanitary Sewer Extension on South 14th Street, CLP No. 89-7103. A total of five (5) bids were received. The bid for the sanitary sewer extension ranged from $45,676.96 to $94,571. 00 with the low bid submitted by McKey Construction & Equipment, Inc. Staff recommends the awarding of the contract for the sanitary sewer extension to McKey Construction & Equipment, Inc. on the basis of their low bid in the amount of $45,676.96. Chevron U. S. A. Company and Hardy-Angel Rent Properties have in escrow $3,300.00 for their portion of the engineering costs for this project in Account #003-200-220-363. They have signed a Utility Extension Agreement with the City of La Porte to be financially responsible for that portion of the sani tary sewer contract extending east from 14 th Street. The portion of the contract applicable to Hardy-Angel Rent Properties and Chevron U.S.A. is $20,637.15. The portion that is applicable to the City of La Porte is $25,039.880. Staff recommends Council approve the Ordinance #1739 subject to Chevron U.S.A. and Hardy-Angel Rent properties depositing their funds for the sanitary sewer extension into escrow with the City. Action Required by Council: Approve Ordinance # 1739 subj ect to Chevron. U. S . A. Company and Hardy-Angel Rent Properties depositing funds ($20,637.15) into an escrow account. Ordinance #1739 approves award of construction contract to McKey Construction & Equipment Company, Inc. in the amount of $45,676.96. ================================================================= Availability of Funds: x General Fund Capital Improvements Other Water/Wastewater General Revenue Sharing Account No.: 003-700-710-430 Funds Available: -X- Yes No ============================~==================================== IJec-/ 7 ) 11 tJ Date ) ================================================================= e e ORDINANCE NO. 1739 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BY AND BETWEEN THE CITY OF LA PORTE AND McKEY CONSTRUCTION & EQUIPMENT, INC., FOR A SANITARY SEWER EXTENSION ON 14TH STREET, FOR A CONTRACT PRICE OF $45,676.96~ 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, agr~ement 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 City Manager 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 December, 1990. CITY OF LA PORTE BY Norman L. Malone, Mayor ATTEST: Cherie Black City Secretary ~~d~ Knox W. Askins City Attorney e e H. CARLOS SMITH ENGINEERS AND SURVEYORS. INC. 423 N. HWY. 146 PO. BOX 529 LA PORTE. TEXAS 77572-0529 (713) 471-4226 November 27, 1990 RECEIVED.." 11 //-~B-9() ''-rr COMM. DEV. City of La Porte P. O. Box 1115 La Porte, Texas 77572-1115 Attn: Mr. Joel Albrecht Director, Community Development Re: Sanitary Sewer Extension South 14th Street CLP - 89-7103 Job No. 2237-88 Dear Joel: Forwarded herewith are 5 copies of the tabulation of bids on the above referenced project. All figures and extensions were verified. The low bidder was McKey Construction and Equipment, Inc., in the amount of $45,676.96. This figure is within the project budget. We would recommend that the City award the contract to McKey Construction and Equipment, Inc., on the basis of their low bid in the amount of $45,676.96. We will notify all bidders of the bid results and return the bonds to the unsuccessful bidders upon award of the contract. Very truly yours, 727;Z;;; H. Carlos Smith, P.E. President & Surveyors, Inc. HCS/kr Enclosure cc: Bill Manning, P.E. City Engineer t L I I I -- ---- ---- -~ - - 8/0 S€Ct.lI?ITY ---- -------- I1Df2€#f?VH ~ i , e e,575.f38 I e. !i T L1 ..!::c.f.. ..f,L L.F. L.F. 1.1- L.F Ca. t:a. Ea. <<. -Z.-F.~==_ IS ,-' .~. ...ff.~" _ e ..JJ.. _ 317 Tons 4-17 ___f:.F.-"" 'mso ~Y.:.---"+ _.it? . , l Ti"'~~_~~;; - : ~ --..~ i: ....- ------ ...... L-__~__lL_ --_.~ --- , . I Tome. B-4.5E BID TyPE PF PIPE: CL/iSS PF PIPE: =_-JifN~.tfla(jR~R _ OF '~ETlON TIME ------ -- ----- l ~~~ ~N.~,q~ 'D~l~)~ PIPE- 14-5:~7io'.q5 HIGH C/lPI1C/7Y "riSTH F794 tJn;b~/1 89 CI/RLtJN: ~o ' e, es3.es j ( 5 ;I.) 45 5.' Pv. C. /;STH PS 46 C/iRLfN r ~r.) - e 3 J. 5 :;, ITEHS Or fiber, 440 ' '300' 64P' 100' <:45' ~ 30 _2 'fO.57 /7,8:>0.80 -55.00 9.70 e, 910.00 Ie .00 10. e5 G, 5({,0. CO 14.00 11.35 /, /35.1717 17.1717' 10. e5 e.. 511. e5 ..!~pp_ 5G.tJD 336.170 70.1717: U 00 6317. cO -- eo. 1717' - -----.....---.-.------ 8c.BO ..1€>.5.({,O_.; .J?:tJO. ,_ ~5.c30 85.317., 60.170, 1."%/00 8,1""'.1717 : 800.00 ~O-j,.785: O~ I !.(}o.oi;; .~.!.~5.(!0, J;3tJ.oD ,~e?o.oo! ?Z50 .575.017 .J - e?qoJ /4. eo 5615. 170 15.tJ~ .517 875.170 .Z5, 19.4b 194.00 30.00; - j i ~ I 1 i , 1 1 i T i 1 I T I j i DESCRIPTION P.O. BOX M ,71B S. BROADWAY LA PORTE. TEXAS 77571 H. CARLOS SMITH ENGINEERS AND SURVEYORS, INC. UNIT ESTIMATED QUANTITY UNIT PRICE L,q mR7E. lX. 7757c. B~YIOWN, 7)< 775Z2-0570 McKEY CON5TIfUCT/O!J /lN6EL 8ROTHcR~ I1NO EcPtJ/?H[NT, /1Je'. eN/. , INC. III NORTH /~ 'U 5r. PO BO,x 570 TOTAL UNIT PRICE TOTAL TOTAL RtFUI1NL'E CONsrRueT/eN, /)JC! 4-30e ALMC:O/l GcNOi1 h'OC.iSTCN, Ix 77048 [P BR~DY INe 34# PERSIMMON HousrON, IX. 77093 TOTAL /laco live PO 1301- 308J. BE/lMONT, fl.. 77704 UNIT PRICE TOTAL UNIT PRICE TOTAL TABULATION 0" 31D5 FOR CITY OF LA PORTE SANITARY SEWER EXTENSION SOUTH 4TH STREET a WEST "," STREET Bid Opemns ".: 00 PH J, e e REQUEST FOR CITY COUNCIL AGENDA ITEM ----------------------------------------------------------------- ----------------------------------------------------------------- Agenda Date Requested: Report Communitv Development Requested By: Joel Albrech Resolution x Ordinance Exhibits: 1) Letter from H. Carlos Smith 2) Bid Tabulation ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY & RECOMMENDATION On November 29, 1990 the City of La Porte opened bids for the construction of East "E" Street from San Jacinto to the bridge at Bob's Gully. There were four (4) contractors who were pre- qualified for bidding and three (3) submitted bids ranging from $1,237,305.00 to $1,689,742.30. The low bid was in the amount of $1,237,305.00 from Angel Brothers Enterprises, Inc. of Bay town. The estimated construction time submitted with the bid is 240 days. Funds for the construction are available in Fund 28 in the amount of $1,000,000.00 from the sale of bonds. The balance of $237,305.00 is available from accrued interest in this fund. H. Carlos Smith, the Design Engineer for East "E" Street, reviewed the bids and recommends the awarding of the contract to Angel Brothers Enterprises, Inc. on the basis of their low bid. Action Required by Council: Award contract for the construction of East "E" Street to Angel Brothers Enterprises, Inc. in the amount of $1,237,305.00. ----------------------------------------------------------------- ----------------------------------------------------------------- Availability of Funds: x General Fund Capital Improvements Other Water/Wastewater General Revenue Sharing Funds Available: -X- Yes No Account No.: ----------------------------------------------------------------- ----------------------------------------------------------------- Approved for City Council Agenda G?~ T, ~,-" Robert T. Herrera city Manager \'t-~-'\ V Date =================================~======c======================= ------,---- - e e ORDINANCE NO. 1740 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BY AND BETWEEN THE CITY OF LA PORTE AND ANGEL BROTHERS ENTERPRISES, INC., FOR CONSTRUCTION OF EAST "E" STREET, FOR A CONTRACT PRICE OF $1,237,305.00~ 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, agr~ement 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 City Manager 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 December, 1990. CITY OF LA PORTE BY Norman L. Malone, Mayor ATTEST: Cherie Black City Secretary APPROVED: ~ ~~~)Z~ Knox W. Askins City Attorney ---------------r --- e e RECEIVED ./~- 'i-flJ?!4--- COMM. DEV. H. CARLOS SMITH ENGINEERS AND SURVEYORS, INC. 423 N. HWY. 146 P.O. BOX 529 LA PORTE, TEXAS 77572-0529 (713) 471-4226 December 4, 1990 City of La Porte P. O. Box 1115 La Porte, Texas 77572-1115 Attn: Mr. Joel Albrecht Director, Community Development Re: East "E" Street Improvements CLP 86-4401-01 Job No. 2122-87 Dear Joel: Forwarded herewith are 5 copies of the tabulation of bids received on November 29, 1990. We have reviewed the bids and find all of the bids in order and have made some arithmetical corrections. Two of the bids are within the budget of $1,300,000.00. We would recommend awarding the Contract to Angel Brothers Enterprises, Inc., of Bay town , Texas, on the basis of their low bid of $1,237,305.00. Very truly yours, H. c~zs S .H~ Engi7r~ & .surveyors, -;2::/, '$~ ~ H. Carlos Smith, P.E. President Inc. HCS/kr Enclosure - ~./),+'zg e J j r~ H. CARLOS SMITH ENGINEERS AND SURVEYORS, INC. P.O. BOX 529 423 N HWY_ 146 LA PORTE, TEXAS 77572 - 0529 ITEM Ii NO. ;! --'-tj- DESCRIPTION I , :Cl i ~ ~"I'.J nr : W~f~ 1J,j~ t>,DJI!'11'MI!W'I ~ I 4" '?II& c.--")oo t71Z. I~ Wb(f~l"'u,.JE:. 1- (p" I'\IL- (.d)()() ~ It> vJAI~l:'U,Je. ? 'b" \'IJL- t--"Ioo bIZ. I~ WA""'~Ne. 4 11-' c.A-7I>!b !<o1Z. II" wAj'el2.UN!O- I? 4" bAre VAUJ;;;. ~ I?o)( (p II" "'A'll: VAW'e.' P.x>J<: 1 I L.oNNIwr 1'0 'e.i.~I.J~ 'Z.'IWA1l~lZU>.le. I/> w.J.J~Of 1"0 'e.tl'7\'INJ,. Cd" WA-rE'IZ.U..!€;. "l (,oN.J~&1 1"0 'e.i.I"71'I.J~~" W~'1e;IZ.L\NE:- 10 I C-o..J..lU1' 1"0 \2.j.~I.J1.? 'b" vJMi<;lZUNE:- ~' I'l Wf ~ MI.? ~1"f(1.Jb (P" wA1"elZUoJE- <- lZE::l.OLA'T"'- A= !.\'1'o!ZAN'f . 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U? ,!>oo ,,~.OO 'P10 "J?7-.'70 'Z.1.(l) 'Zt>.oo 1xI.(I? ?c().OO %.00 40.00 1(".00 '1>0.00 40.00 4'Z..00 4<1.00 .w,.oo 1:';000 ~.:C '1?I,oo 100,00 '/to,00 llt:;.oo <?O.Oo 1'UJ,00 1?o.OO Ilo:Q().OO 100.00 'Z,t:m.(D _ I) 000.00 _ I,~.oo '0000.00 "1000.00 10,00000 1,CXXJ.00 to 00 'U-.Q:) ?o,tO <<7. \.I?O ItJOO I~.oo 'V7,OO 1<;.00 '300.00 400.00 100.00 %0.00 eoooo 1000.00 1000.00 1D00 .00 I.l?o (,0,00 l'ZOo,oo 000 1;0W-;-"1A.7-~ ";l.iO --~-1: I: I. ...."-1 e e REQUEST FOR CITY COUNCIL AGENDA ITEM ----------------------------------------------------------------- ----------------------------------------------------------------- Agenda Date Requested: 12-10-~ Requested By: Alex Osmond ' . Department: Golf Course Report Resolution x Ordinance Exhibits: 1) Memo dated 11-9-90 2) Draft Ordinance No. 1587-C ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY & RECOMMENDATION On October 22, 1990 the City of La Porte City Council approved Ordinance No. 1587-B. This ordinance changed the rate of golf car user fees. Council requested City staff to review a La Porte Senior citizen rate for golf cars. After discussion of the Senior citizen rates staff recommends to City Council to establish a La Porte Senior citizen rate for golf cars. Attached is a draft ordinance (No. 1587-C) establishing the Senior citizen's rate. These rates would apply to same age, time, and days that applies to the La Porte Senior citizen green fees. Action Required by Council: Approve Ordinance No. 1587-C. ----------------------------------------------------------------- ----------------------------------------------------------------- Availability of Funds: General Fund Capital Improvements Other Water/Wastewater General Revenue Sharing Account No.: Funds Available: Yes No ----------------------------------------------------------------- ----------------------------------------------------------------- Approved for City Council Agenda ~~ -r: ~ Robert T. Herrera City Manager \ ?.,- '{ - t.t u Date ================================================================= e e ORDINANCE NO. l587-C AN ORDINANCE AMENDING ORDINANCE 1587, AN ORDINANCE ESTABLISHING USER FEES AND RULES AND REGULATIONS FOR THE CITY OF LA PORTE BAY FOREST GOLF COURSE: 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. Effective January 1, 1991, the City Council of the City of La Porte hereby establishes the following user fees for golf ~ carts for the City of La Porte Bay Forest Golf Course: Golf Cart: $16.00/18 holes, single or double: $10.00/9 holes, single or double. Golf Cart, Senior Rate: $14.00/18 holes, single or double: $8.00/9 holes, single or double. (Senior rate applies to Senior Citizens, City of La Porte residents, 60 years of age and over: Monday thru Friday, only: with tee time restrictions as may be established by the Golf Course Manager.) Section 2. Except as amended by this Ordinance No. l587-C, Ordinance No. 1587 shall remain in full force and effect. 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 iaw 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. The rates established by this ordinance shall be effective from and after January 1, 1991. PASSED AND APPROVED, this 10th day of December, 1990. CITY OF LA PORTE BY Norman L. Malone, Mayor ATTEST: Cherie Black, City Secretary APP)l,OVED: ~ t;;ruAj aI; . Knox W. Askins, C~ty Attorney e e aPt fIR YOUI _fIRIATIOI CITY OF LA PORTE INTER-OFFICE MEMORANDUM NOVEMBER 9, 1990 TO: FROM: SUBJECT: Robert T. Herrera, City Manager Alex Osmond, Golf Course Maoo.ger/Pro0.{2. Ordinance No. 1587-B, Changes for Bay Forest Rate Structure On October 30, 1990 we visited about Senior citizen golf car rates. I think your recommendation to keep the old rate of $14.00 per 18 holes and $8.00 per 9 holes in effect for resident Senior citizens is appropriate. This rate would correspond with the Senior citizens rate (age, day and time) set by Ordinance No. 1587. Also this discount would only be available for residents of the City of La Porte. As for the other items discussed on this day, I feel we should leave alone at this time. The golf course staff will manage these areas in order to accomplish our goals. AO/neb e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM NOVEMBER 29, 1990 TO: FROM: SUBJECT: Mayor and City Council Robert T. Herrera, City Managea.~ . Bay Forest Golf Course Rates On October 22, 1990, the Council increased cart rental rates at the golf course to go into effect January 1, 1991. In our meeting, Council showed concern about increasing the cart rental rates for seniors. I explained at that time we would not consider increasing the fee seniors would pay until further study. I am happy to report that no increase is proposed by staff for La Porte seniors. Staff proposes the cart rental rate for seniors remain the same as adopted in Ordinance No. 1587, which was the first ordinance the City adopted establishing rates for the golf course. SENIORS RATES Golf Cart: $5.50/Senior rate (Senior Citizens, City of La Porte residents 60 years and over, and non-residents 65 years and over; Monday thru Friday, only; with tee time restrictions as may be established by the Golf Course Manager) $14.00/18 holes, single or double; $ 8.00/9 holes, single or double Green Fees: RTH/ms xc: Alex Osmond, Golf Pro ~ e e REQUEST FOR CITY COUNCIL AGENDA ITEM ----------------------------------------------------------------- ----------------------------------------------------------------- Agenda Date Requested: 12-10-90 Requested By: Joel Albrech~partment: Report Resolution Community Development X Ordinance Exhibits: 1) Application for drilling permit 2) Map of drill site 3) Letter from Arkla, RE: Drill site 4) Waivers from Property Owners ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY & RECOMMENDATION On November 19, 1990, Arkla Exploration Company submitted an application to drill a gas well with a surface location in Outlot 348, which is located east of the Exxon pipeline corridor and north of Avenue "P". All requirements of La Porte's oil and Gas Ordinance No. 1659 and 1659-A have been met except for Section 16-4(2), which requires the drill site to be at least 750 feet from any residence or commercial building without the applicant receiving written permission from the owners of the affected properties. Arkla secured the waivers from the affected property owners. Access to the drill site is from the old La Porte Highway then through the Hickham Industries property. This will keep the heavy traffic off Sens Road and "P" Street. Staff has reviewed the application and find every thing in order. Action Required by Council: Approve the application for a gas well drilling permit for Arkla Exploration Company with a surface location on Outlot 348. ----------------------------------------------------------------- ----------------------------------------------------------------- Availability of Funds: General Fund Capital Improvements Other Water/Wastewater General Revenue Sharing Account No.: Funds Available: Yes No ================================================================= Approved for City Council Agenda ~L 1. ~ Robert T. Herrera City Manager 1')... '1" '10 Date ================================================================= e e ORDINANCE NO. 1659-B AN ORDINANCE GRANTING A PERMIT UNDER CHAPTER 16, "OIL AND GAS WELLS," OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, AND APPROVING THE APPLICATION OF ARKLA EXPLORATION COMPANY TO DRILL A 12,000 FOOT WELL1 FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW1 AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Counfi1 of the City of La Porte has received an application dated November 19, 1990, from Ark1a Exploration Company, requesting a permit under Chapter 16 of the Code of Ordinances of the City of La porte, "Oil And Gas Wells," to drill Ark1a Exploration Company Lomax Gas Unit No.1, Well No.1, to a proposed depth of 12,000 feet, all as shown on said application. The application of Arkla Exploration Company has been reviewed by appropriate City officials, who have found that said application meets all requirements of Chapter 16 of the Code of Ordinances of the City of La Porte, and have recommended its approval. A true and correct copy of said application is attached hereto as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes. Section 2. The City Council of the City of La Porte hereby approves the application of Arkla Exploration Company dated November 19, 1990, and this Ordinance shall constitute a permit to Arkla Exploration Company to conduct such drilling operations within the City of La Porte as specified in said application, all in conformance with the requirements of said Chapter 16 of the Code of Ordinances of the City of La Porte. This Ordinance, and the application attached hereto, shall constitute the permit to Ark1a Exploration Company. By reference, there is incorporated herein all the provisions of Chapter 16 of the Code of Ordinances of the City of La Porte, with the same force and effect as if said Chapter were copied verbatim in this permit. Section 3. The term of this permit shall be for a period of 180 days from the date hereof, and as long thereafter as the permitee is engaged in drilling operations with no cessations of such operations for more than 90 days, or oil or gas is produced in commercial quantities from the well drilled pursuant to such permit, provided that if at any time after discovery of oil or gas the e e ORDINANCE NO. 1659-B Page 2 production thereof in commercial quantities shall cease, the term shall not terminate if the permitee commences additional reworking operations within 90 days thereafter, and if they result in the production of oil or gas, so long thereafter as oil or gas is produced from, said well. Section 4. 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 Annotated1 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 5. This Ordinance shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED, this the 10th day of December, 1990. CITY OF LA PORTE BY Norman L. Malone, Mayor ATTEST: Cherie Black City Secretary AlP~OVED: .~ ~~V~~ Knox W. Askins \ City Attorney e RECEIVED rJI-~9J10~e COMM. DEV, APPLICATION # DATE: Nov. 19. 1990 OIL AND GAS WELL DRILLING NAME: Arkl~ Fxplor~t;on r.omp~ny ADDRESS: P .0. Box 21734 Shreveport, LA 71151 PHONE NO. (318) 429-2700 APPLICATION FEES PAID $250.00 PROPOSED SI'I'E: 1. FEE OWNER Jerrv S. Dominv. Trustee: Jackson S. Yarboroulih. Individually and as Executor of the Estate of H. J. Yarborough, deceased, and Donald V. YArhorongh 2. ADDRESS Jerry S. Dominy, Trustee 855 Uvalde Houston, Texas 77015 Jackson S. Yarborough and Donald V. Yarborough 508 Durango Circle North Irving, Texas 75062 3. LEASE OWNER Arkla Exploration Company ADDRESS 5100 Westheimer, Suite 400 Houston, Texas 77056-5507 4. LEGAL DESCRIPTION OF WELL SITE 3.471 acres of land, more or less, out of the Enoch Brinson Survey, A-5, Harris County, Texas, and being Outlot 348 of the LaPorte Outlots, according to a plat recorded in Volume 6], Page 374, of the Map Records of Harris County, Texas. 5. MAP ATTACHED Yes 6. TYPE OF DRILLING RIG SCR Rotary Ri 9 -- 7. PROPOSED DEPTH 12.000' It is understood and agreed that for any legal action or undertaking, venue for all suits shall lie in Harris County under any provisions of Ordinance No. 1659~. ~~~ ~1 Landman ~ Copy of Ordinance 1659 Received September 13. 1990. .. , e -. . . ff~'A~1 '~"#:(l;"ON 4 A 1f~I.A ~~1.0~A"N'W co. I." _AIt ."'.1 UAur I IV ILL ,",0. I 3.. J.. J.r 3.' 3.0 .... ~. ... ..., 144 , ~ 'o! . 4",- ~I : :6.., 6sa V .IS' .'0 ~.' .,~ -- ... ,..,. ..6 3 ~ . /, 0 ' It ~ " ~~ t >-, ~ ~ I Q l c ~ 0 " 0 ~, ~ ~ ~" .. 0 ~ t(, Q ~O~ 0 .,~::, nc ,62' ..,5 :J.~ oJ.' ..~ ~ 0\ " ~ x"l . ~lq'O / 1'''' ~ >. O~~~ I. "\j~" I. q~" 0,). ~ ~/ ;,,/OAr;./ \~I / ,4so pi $r~~~r ",+ 3'3 :J ,e If I- !l .,o...o~ ~II ~Z1 III .,4- ':'1' .. Is. '" I oJ A~X'A , /! , .. f " ~ U r ~ ON C o ""',.....NY lu - ~c~1 (,;9.::U7 4">" V/srA ~ - - ~ , - ~ ~ I I Q: 6'1' Q - UNlr p~o"Arl ., " 1~ , I " - SI'CJ""'~'W "..",4 oliO .10. Jf.. Jf." "0,," ~ '. - pO .. ~ I ~ - I.. 11- 4- , ~ 7 I II ~ f-- ",p. ~ f-- ... J r'l!4"~..~ I 1ft, ~f-- , ~I ~f-- ~ .. I I ~ f-- ~ Q . -r II 41!T '1-44 ~r4i I~ 1 I' ~91 2.~ Z!I:J ~ !l4- Z9S 7 04- ;.tcr . f-- \!) f-- I r-- ENOCH BRINSON SUFc. VEY A-S 1190 6. !I '.6 2." 2." t.. Sr,q" T U4 4"" 4'UI, 4,., 271 .7~ 11.7" 6~ 67S . T 0 .1- I~O I I .~AL6 IN I"'IIT /,r#C/V' .100 '~GT . Pt. AT 0' A ~X~A IX"-':o,",,"" r"DN t:'t:IN..-AN Y' 010. .0. BUSCH t HUTCHISON a ASSOCIATES t INC. S'U"'At::'~.o"'rONt .NOLI ':Ot::lfr/ON I :!)O- 007(/. <;.SI7 ACII'I ""~o~Ar/ON UN/PO ~N c,r)l" ENGINEERS a ARCHITECTS 01'" LA po~r6. GNOt:..., .~NtlJlONIV~VIY 1107 FLEETWOOO DR. IAYTOWN. TEXAS 77520 HA~~/I COVNr~ r4")(AS 'HT " 0fIl" e_....,.. e ~ IXPUlRAnlll November 28, 1990 City of LaPorte 604 W. Fairmont Parkway LaPorte, Texas 77572 Attention: Mr. Joel Albrecht Director of Community Service Re: Lomax Gas Unit No.1, Well No.1; Clear Lake Prospect Harris County, Texas Gentlemen: As you are aware, Ark1a Exploration Company (ARK) is proposing to drill the Lomax Gas Unit No.1, Well No. 1 at a surface location 150' FSL and 175' FEL of Outlot 348, Enoch Brinson Survey, A-5, Harris County, Texas, with the proposed bottom hole location being 10' FNL and 250' FEL of Outlot 391, Enoch Brinson Survey, A-5, Harris county, Texas. From an operational standpoint, ARK would have preferred drilling a straight hole but, due to the bottom hole location falling within the Greenda1e Subdivision, an alternate surface location was necessary. (Section 16-4[1] of Ordinance No. 1659 prohibits the drilling of a well in recorded subdivisions which have homesites the size of one [1] acre or less.) ARK chose Outlot 348 as the surface location for several reasons. First, an aerial photo indicated there were no structures (residences, commercial buildings, et cetera) located in Out1ots 333, 334, 347 or 348. The lack of existing structures was important in order to minimize any impact that drilling operations might have on nearby residents and for purposes of complying with section 16-4[2] of Ordinance No. 1659. Second, by choosing Outlot 348 as the surface location, ARK could gain access to the location by using the Old LaPorte Highway (now owned by Hickham Industries, Inc.), parallel to and south of State Highway 225. The alternative would have been North P Street, a more traveled thoroughfare used mainly for residential traffic. Once the surface location for the Lomax Gas Unit No.1, Well No. 1 was selected, ARK realized said well was located within 750' of four [4] residences in Ike's Addition (the nearest residence being 577.2' from the surface location) and one [1] commercial building associated with Hickham Industries, Inc. ARK attempted to find an alternative location which would satisfy the requirements of section 16-4 [2] . However, due to the existence of the Humble Pipeline Corridor to the west, the residences on North P Street to 5100 WESTHEIMER, SUITE 400 . HOUSTON, TEXAS 77056.5507 . (713) 623.5000 e e the south, Ike's Addition to the east and Hickham Industries to the north, a different surface location would have resulted in additional residences falling within a 750' radius of the surface location. ARK has obtained executed Agreements from all affected owners located within 750' of the surface location, as required under section 16-4[2] and is hereby providing you with copies of same. ARK has attempted in good faith to choose a surface location which will have minimum impact on the citizens of LaPorte, Texas. It is hoped that ARK's request for a new well permit will be approved by the City Council of the City of LaPorte, Texas. Thank you for your consideration of this request. Sincerely, 110 ~. ~ Guy F. Aldrich GFA/b encl. 2 e e AGREEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS, THAT . COUNTY OF HARRI~ WHEREAS, Hickha~ Industries, Inc., a Delaware corporation, hereinafter referred to as "Lessor", heretofore executed that certain instrument entitled "Oil, Gas and Mineral Leasell, dated September 23, 1988, recorded under File Code Number 130-75-1336 of the Official Public Records of Harris county, Texas, and covering the following land, to wit: 25.5 acres, more or less, being a tract out of Lot 9, Staashen Subdivision E. Brinson League, A-5, Harris County, Texas, and being the same land described in a deed from I. W. Hickham, Jr. to Hickham Industries Inc., a Delaware corporation, dated the 24th day of April, 1985, filed for record under Harris County Clerk's File No. J992531 and all of Lessor's interest (but only to the extent of such interest) on and to those 2.1420 and 0.5771 acre tracts out of the same subdivision and abstract as were acquired by Lessor by three quitclaim deeds from I. W. Hickham, Jr. dated the 24th day of April, 1985," and filed for record under Harris County Clerk's File No. J992532; and, WHEREAS, Paragraph 7 of the aforesaid Oil, Gas and Mineral Lease grants American Coastal Energy, Inc., its successors or assigns, the right to drill a well at a location no closer than two hundred feet (200') to any residence or barn now on said land as described above; and, WHEREAS, Arkla Exploration Company, successor in interest to American Coastal Energy, Inc., is desirous of drilling the Lomax Gas unit No.1, Well No. 1 at a surface location one hundred fifty feet (150') FSL and one hundred seventy-five feet (175') FEL of outlot 348, Enoch Brinson Survey, A-5, Harris County, Texas; and, WHEREAS, such location falls wi thin seven hundred eighteen and nine-tenths feet (718.9') of the structure located on the above described property, as further illustrated on that certain Plat of Area Around Arkla Exploration Company's Proposed Surface Location of the Lomax Gas unit No.1, Well No.1, being described as Exhibit "A" attached to and made a part hereof; and, WHEREAS, section 16-4(2), Well Location of City Ordinance No. 1659, dated January 8, 1990, requires Arkla Exploration Company to secure the written permission of Lessor in order to drill the aforesaid well at the proposed surface location for purposes of receiving a drilling permit from the City of LaPorte; NOW, THEREFORE, Lessor, in consideration of the premises and under the authority granted by the provisions of said Oil, Gas and Mineral Lease, and in compl iance with Section 16-4 (2) of city Ordinance No. 1659, does by the execution hereof hereby permit Arkla Exploration Company the right to drill the Lomax Gas unit No. 1, Well No. 1 at the surface location heretofore described. ~EREOF, this instrument is executed on the 2~d- day of 1990. , . ~..), \"FfF(,;a",'\.' ,,~~ <'/. '. -), :' I C" ": : . ,;.:......,.- l. ~~,: ~ /\ c,,: . :;'l\ ~/'c ~'\.~ : ~~"Rfl.:,:~.k~D ,..SUBSCRIBED before me, 1'9;~31_9'?J ,,/ :>.1", ",_. ;. If f I"" \' \ \ , My commission expires: 3/.7//13 the e e certain Agreement dated ~o"{;'J.i(r?ER -z<f 1'1~, and Arkla Exploration Company. I EXHIBIT "A" Attached to and made a part of that ]990, between Hickham Industries, Inc. '~ , ~ D lJ '< ~ ,~ !) " " " ,.,., ~ o ~< '" 00 ,- " :h \) o ~ 'i il I I I : ~ : I: i' I I ~ <'0 ",,__LL, /I'VI.' tl ; ~ ~. nl ~ \ i ~ ~~; " I ~ ~ : ' " l.. ~ '< ..... c ~ '-lrE L. I/V~. ~ ( ~ ~ 8 ~ dl D ~ \ " ~ ~ i ~ i \ lI) c::: {) <:: ~- '\ Cl t: ~,~..- " " .~.. ., . ------, ---------- ~ -- () ..L ',. ~. ,,:;- 0-, '" "-." '., f'.,,,, "', ----L- (i \(, Cb\> '^ " ~ " , .., <: " ~ "- " () () , " " ., ..';~ ; ":[!i ,',\, ~li ,":~7~ ;,.,:)1..';,,_,1. ,. . ',,\ ' ~I j~1 'jf~: ;. ~., lo".Gl'1 -::1.:' . ii, 3l~ :S~ ~ '"j, ~ ,"';', i .::~.~.~ ;~ :!,' .- I " ! ,I I f ~I ~ ~r PL....:"'"" A~L.A A....OU,;vO A A,..., L A LX"oiO,....A r'/ON o~ , , ,oj L CO/'-/P,ANY"',5' PAo.-a .r~o S'l./~""'.A CL' LOCA r/ON < ~ ,~ . L 0 ~~x G'A.5 U/Vlr /, WEL.t.. No I , ~ ~ , f ~f .. "H~ " ^' /./1 Po _ r~ 0,-" r"L.. <::J r /\/0 348 ,~ r,..-< ~ , ,i I , (~ (.' ,,--' Bn/i"V SOA/ 8i'./..........v'E >';" A, S 0 , 0 HAr.'~/.~ CO(j/Vr 'r~ T/."X"_",.f' , 0 ~f if , , ~ .' o ~ l~ -:111. ..... ......' SJ T- ) e e AGREEMENT STATE OF TEXAS '\ COUNTY OF HARRIS ) ) ) KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, Collette Kathleen Wickland Cooper et vir, Al Cooper, hereinafter referred to as "Lessors", heretofore executed that certain instrument entitled "Oil, Gas and Mineral Lease", dated September 7, 1990, recorded under File Code Number of the Official Public Records of Harris County, Texas, and covering the following land, to wit: 0.648 acres, more or less, out of the Enoch Brinson Survey, A-5, Harris County, Texas, and being Lot 5 of Ike's Addition, according to a map of said Subdivision recorded in Volume 166, Page 87, of the Map Records of Harris County, Texas, including such parts, if any, which may underlie roads, streets, sidewalks, alleys, rights of way, or any easement on or adjacent to said tract or lot, and WHEREAS, Paragraph 7 of the aforesaid Oil, Gas and Mineral Lease grants Peter F. Mundy, his successors or assigns, the right to drill a well at a location no closer than two hundred feet (200') to any residence or barn now on said land as described above; and, WHEREAS, Arkla Exploration Company, successor in interest to Peter F. Mundy, is desirous of drilling the Lomax Gas Unit No.1, Well No.1 at a surface location one hundred fifty feet (150') FSL and one hundred seventy-five feet (175') FEL of outlot 348, Enoch Brinson Survey, A-5, Harris County, Texas; and, WHEREAS, such location falls within six hundred sixty-six and seven-tenths feet (666.7') of the residence located on the above described Lot 5 as further illustrated on that certain Plat of Area Around Arkla Exploration Company's Proposed Surface Location of the Lomax Gas Unit No.1, Well No.1, being described as Exhibit "A" attached to and made a part hereof; and, WHEREAS, section 16-4(2), ~ell Location of City Ordinance No. 1659, dated January 8, 1990, requires Arkla Exploration Company to secure the written permission of Lessors in order to drill the aforesaid well at the proposed surface location for purposes of receiving a drilling permit from the City of LaPorte; NOW, THEREFORE, Lessors, in consideration of the premises and under the authority granted by the provisions of said oil, Gas and Mineral Lease, and in compliance with section 16-4 (2) of City Ordinance No. 1659, do by the execution hereof hereby permit Ark1a Exploration Company the right to drill the Lomax Gas Unit No.1, Well No. 1 at the surface location heretofore described. I,~ITN~SS WHEREOF, this instrument is executed on the 27H:- day of ~~ , 1990. (\tett..J{~ CvL~~ Collette Kathleen Wickland .J~~ Al ~oo r SS #: 4SZ.-0Z.' ,-,\i"'Z- SS #: %G ~? 3P30 SWORN TO AND SUBSCRIBED before me, this ~7h:::::- day of ~~ 1990. e WJ.. ANDERSON ....., NIII,.......... IIrCIIIIRIIlIM &ei114N92 ~~ ~<." Notary Public in and for the State of Texas. My commission expires: 4-.5", 179 '7- -1 w: e EXHIBIT "A" e Attached to and made a part of that certain Agreement dated7~,l0 1990, between Collette Kathleen Wickland Cooper et vir, Al Cooper and Arkla Exploration Company. r----~----- l__ ~. ~". s i~=' '" ~ '....4:. ,.:.t "II 'l~ ,:,'7~ 3i~ :;i,~ r- ..-rr r-- }. ----t-- ~ I I ,'~ "'1 " II ~ ~ \ ,\: ~~~ "I ~ ~ ~ ~ \. ~ '< :"'0" ;e"//'"'EL//V[ co ,-",-LLIN'" ~ ~ ~ t 6 ~ d; o ~ t 'h :1 \~ \ \, :1- Ii I I I I D o '.\) "i ~ 0) () t:: t: :tJ " " " () I"rf--- ''1' '\ V) ."...... " :1 L ,~ '" - '" ~ ~ "~ '" ~~ , ' l , , /~ ---...,./ , / " ; , . /U ,. lEMON .., 00 r /0.-'\,/ T1 I I I / / I I n1,if( I ~\ -1',-j I r;-il ro,'lr;"i , :1 "- " <: " :t ..... " () () , " " " /[}1;t~; ""t-, ,.' ," ~. . '.~ ~:"i -I I . \?W~] ~ . (j\:.,' ~ ~:l{ ~ ..,!.:;.;.~i. ~~j~ ~~t ~l ::.>~:' '! ,DLAT" or A~L~ A~ouI'VD A~XLA !:x,.t!Ji.<6...,..,.).'/CJN CO,,,~P,..lA/""""S PPCl__c:lS.rO 5'u~,r.Acr L.OCAr"/O..-.../ ,rNE L.o /">4AX GAS U/VIT /, }/1/EI.L No. I '_\.' /rlrOI"?'Ti! QurLor /\/0348 //V r_/ Bnl^", 50/'\./ S/J........I,//. r; A. S /..,Ir.~;o?f'IJ COI/^-.~r:" T...."'.-'f_r i ,fi I f ~, " = ,~ I, ::: ~ < t .. , I ~ t ~ f . -; '5.1 r n o ~ - T e e AGREEMENT STATE OF TEXAS ) '\ ) COUNTY OF HARRIS ) KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, Michael L. Hicks et ux, Colleen C. Hicks, hereinafter referred to as "Lessors", heretofore executed that certain instrument entitled "oil, Gas ,and Mineral Lease", dated September 10, 1988, recorded under File Code Number 127-71-1397 of the Official Public Records pf Harris County, Texas, and covering the following land, to wit: 0.50 acres, more or less, out of the Enoch Brinson Survey, A-5, Harris County, Texas, and being Lot 10 of Ike's Addition, according to a map of said Subdivision recorded in Volume 166, Page 87, of the Map Records of Harris County, Texas, including such parts, if any, which may underlie roads, streets, sidewalks, alleys, rights of way, or any easement on or adjacent to said tract or lot, and WHEREAS, Paragraph 7 of the aforesaid oil, Gas and Mineral Lease grants Exxon Corporation, its successors or assigns, the right to drill a well at a location no closer than two hundred feet (2001) to any residence or barn now on said land as described above; and, WHEREAS, Arkla Exploration Company, successor in interest to Exxon corporation, is desirous of drilling the Lomax Gas Unit No.1, Well No.1 at a surface location one hundred fifty feet (150') FSL and one hundred seventy-five feet (175') FEL of outlot 348, Enoch Brinson Survey, A-5, Harris County, Texas; and, WHEREAS, such location falls within seven hundred thirty-nine and one-tenth feet (739.11) of the residence located on the above described Lot 10 as further illustrated on that certain Plat of Area Around Arkla Exploration company's Proposed Surface Location of the Lomax Gas Unit No.1, Well No.1, being described as Exhibit "A" attached to and made a part hereof; and, WHEREAS, Section 16-4(2), Well Location of City Ordinance No. 1659, dated January 8, 1990, requires Arkla Exploration Company to secure the written permission of Lessors in order to drill the aforesaid well at the proposed surface location for purposes of receiving a drilling permit from the City of LaPorte; NOW, THEREFORE, Lessors, in consideration of the premises and under the authority granted by the provisions of said Oil, Gas and Mineral Lease, and in compliance with section 16-4 (2) of City Ordinance No. 1659, do by the execution hereof hereby permit Arkla Exploration Company the right to drill the Lomax Gas Unit No.1, Well No. 1 at the surface location heretofore described. ~ WITNESS WHEREOF, this instrument ~;;::i~ jJ'(d~ Michael L. Hicks is executed on the -ZJJ1-~ day of S S #: 4(,/(~ '- 7 4- b "7 /3 ~ {P, Y1Ja1 L /7 ~)1 .. . ' _ fY-.1 f ,/ /.7"./ .' c:------' " ~ Colleen C. Hicks// SS #: ~~~ - y & - (/.:J{)7 SWORN TO AND SUBSCRIBED before me, 1990. e EXHIBIT "A" e Attached to and made a part of that certain Agreement dated , 1990, between Michael L. Hicks et ux, Colleen C. Hicks and Arkla Exploration Company. ? \) : '" ~:.; ~ ,/ i , , I~r I' . ~ ,'~ q\ ~ '" ~ " 'I. ~ ~~~ " I ~ ~ l ,"-: .., ~ - ,.... Q,,: p~".. L /,IVI. I'" , " ." '. , Hi . t " ' 'f co ,-,..-." IN~' "r' r:'CJ""""TI" CI) Cl t::: t::: .\ :tJ 'i r-.. n' '. <:: Cl ' I' r'l 'i II '\ v, ,: :, II ,I , l' I ~ , : ~ I , / , I I , i. f ! , : _ _ _ ,_ L .: _' ..- I / . / ./ : , ! .., 0<:> r"o""-,, '" ~i-l " "'...... "....., ~~'#..,. ", ~ '... .... .. -........,... \ ~, L~ kL~_ lEMON J=I' ", "l "1 ~ . . : .... " ~ ') { '-- .... a a , '" '" " Pi..... '; or AR'LA A",qOL//VO AAt"'r.(.A !:Xf"C'LO.......,.../ON Co.v,O;il/VY"S P"oo,oos.ro 5''''....''AC. LOCAr,o/V L.o ,.................. GA_~ U^'/r /. VVEI.1.. No / '.JII Po.-rc OurLor /\/0 _~J.,:\' ,"/V rH,( ,">CH BR/I"v'SO/V Su"","vr.;--:A.5 HA"q~/$ Cov^".-"--- rL'>(Ar , ~ " , , I ~ i , g \1 ~ [B'", I " J ~l ir.....:J . . . o r e e AGREEMENT STATE OF TEXAS ) \ ) COUNTY OF HARRIS ) KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, Robert Pickering et ux, Virginia F. Pickering, hereinafter referred to as "Lessors", heretofore executed that certain instrument entitled "oil, Gas and Mineral Lease", dated September . ' 10, 1988, recorded under Flle Code Number 127-71-1395 of the Official Public Records of Harris County, Texas, and covering the following land, to wit: - 0.519 acres, more or less, out of the Enoch Brinson Survey, A-5, Harris County, Texas, and being Lot 11 of Ike's Addition, according to a map of said Subdivision recorded in Volume 166, Page 87, of the Map Records of Harris County, Texas, including such parts, if any, which may underlie roads, streets, sidewalks, alleys, rights of way, or any easement on or adjacent to said tract or lot, and WHEREAS, Paragraph 7 of the aforesaid oil, Gas and Mineral Lease grants Exxon Corporation, its successors or assigns, the right to drill a well at a location no closer than two hundred feet (2001) to any residence or barn now on said land as described above; and, WHEREAS, Arkla Exploration Company, successor in interest to Exxon corporation, is desirous of drilling the Lomax Gas unit No.1, Well No.1 at a surface location one hundred fifty feet (150') FSL and one hundred seventy-five feet (175') FEL of outlot 348, Enoch Brinson Survey, A-5, Harris County, Texas; and, WHEREAS, such location falls within seven hundred fifty-seven and three-tenths feet (757.3') of the residence located on the above described Lot 11 as further illustrated on that certain Plat of Area Around Arkla Exploration company's Proposed Surface Location of the Lomax Gas Unit No.1, Well No.1, being described as Exhibit "A" attached to and made a part hereof; and, WHEREAS, section 16-4(2), Well Location of city Ordinance No. 1659, dated January 8, 1990, requires Arkla Exploration Company to secure the written permission of Lessors in order to drill the aforesaid well at the proposed surface location for purposes of receiving a drilling permit from the City of LaPorte; NOW, THEREFORE, Lessors, in consideration of the premises and under the authority granted by the provisions of said oil, Gas and Mineral Lease, and in compl iance with section 16-4 (2) of city Ordinance No. 1659, do by the execution hereof hereby permit Arkla Exploration Company the right to drill the Lomax Gas unit No.1, Well No. 1 at the surface location heretofore described. ~2 c.:d1.f IN WITNESS WHEREOF, this instrument is executed on the U - day of NC'./-<....v.Ir;Q...! , 1990. R ~7 ~A ' , ~. -c. . .-/-~-<... Robert Pickering J S S #: #- t' I - R (,' --- tf,'j''J. { SS #: ~7-&r~ /C:;;61b SWORN TO AND SUBSCRIBED before me, this Z8iJ day of Nc)-IcWlp,;GR. 1990. _,_.,_:~-,"'.:.~'~~~.~:':;~~~"_.r.._ -':::?:,,~~.:~~~;$..:::....:-..~_...-::~~.-~-'''- .- e EXHIBIT "A" e Attached to and made a part of that certain Agreement dated 1990, between Robert Pickering et ux, Virginia F. Pickering and Arkla Exploration Company. r~ I1-t ~ o -, " :b 'b o ~ '1 ~ '~r ~ j o I ~ I ~ I I I I r..-.: ,~' O^' T ~ a ~' 0 . ...- ... \ () t:: 0) c::: :tJ " () ~___U,; '\ v-, I , :1 'I !, ' 'i f', I '" L___I ~ I'~ r ' '" 't r.-r" ,,( I l I'" '" 00 ~ ""0""\,/ lEMON ---o-;..;~;ri ~__. rO~I""Z,.i 1 ~ ,I I \ ' " .... ~ " ~ " c Cl " .., .., '1 ,>.~ . ~. nl ~ ~ i ~~~ "I ~ ~: ~ >" ~ ~' . ,"'o,,~PI""~LUY~ \ ~: ~ ti ~ d; . \ '~~ '\ \: ...-rE co ,-",-LL I_I.' 'Lf ... " '" ~....... ., ~ ~;~ ~------------- /~ ;----:!/ to '~#. ~ ~ " ~~ " " . " l . .l J I . i I I I r--- .' I ! ~\ . . . , . i i , I " 5 I f l' rr , P'-Ar 0' A,Af'I.-'4 ""''-'OLlI'VO AA'........"... t: )(~~O..A "-'"ON ,. (',..,.....,p"./V)"" 's PpC"'c)S'.r"O S'UA'......... CL LOCA r;CJ,I'V' ~ f ., " 1. .~ .' TIVI' Lo~.....)f' GA_<C ij"....or /, WELl. No I , f . ~f ' ~ '^ lA ?Ol"f'rE Ol./rLor /Vo Jd8 ,~ r~E . ~ . I .. '(" CH B,lQI""'" 5o/V Su......vE ~ A, 5 0 . .. " ).,I.A~""/.1 COu/V," or: T~K""'S' , 0 i' I , , 0 H' B ...;J r e e AGREEMENT COUNTY OF HARRIS ) ) ) KNOW ALL MEN BY THESE PRESENTS, THAT STATE OF TEXAS WHEREAS, Samantha Lynn Cayton, hereinafter referred to as "Lessor", heretofore executed that certain instrument entitled "Oil, Gas and Mineral Lease", dated Septemper 12, 1988, recorded under File Code Number 129-77-1125 of the Official Public Records of Harris County, Texas, and covering th~ following land, to wit: o . 7 5 acres, more or less, out of the Enoch Brinson survey, A-5, Harris County, Texas, and being Lot 8 of Ike's Addition, according to a map of said Subdivision recorded in Volume 166, Page 87, .of the Map Records of Harris County, Texas, including such parts, if any, which may underlie roads, streets, sidewalks, alleys, rights of way, or any easement on or adjacent to said tract or lot, and WHEREAS, Paragraph 7 of the aforesaid Oil, Gas and Mineral Lease grants Exxon Corporation, its successors or assigns, the right to drill a well at a location no closer than two hundred feet (200') to any residence or barn now on said land as described above; and, WHEREAS, Arkla Exploration Company, successor in interest to Exxon Corporation, is desirous of drilling the Lomax Gas Unit No.1, Well No.1 at a surface location one hundred fifty feet (150') FSL and one hundred seventy-five feet (175') FEL of outlot 348, Enoch Brinson Survey, A-5, Harris County, Texas; and, WHEREAS, such location falls within five hundred seventy-seven and two-tenths feet (577.2') of the residence located on the above described Lot 8 as further illustrated on that certain Plat of Area Around Ark1a Exploration company's Proposed Surface Location of the Lomax Gas Unit No.1, Well No.1, being described as Exhibit "A" attached to and made a part hereof; and, WHEREAS, section 16-4(2), Well Location of city Ordinance No. 1659, dated January 8, 1990, requires Arkla Exploration Company to secure the written permission of Lessor in order to drill the aforesaid well at the proposed surface location for purposes of receiving a drilling permit from the City of LaPorte; NOW, THEREFORE, Lessor, in consideration of the premises and under the authority granted by the provisions of said Oil, Gas and Mineral Lease, and in compliance with section 16-4 (2) of City Ordinance No. 1659, does by the execution hereof hereby permit Ark1a Exploration company the right to drill the Lomax Gas Unit No. 1, Well No. 1 at the surface location heretofore described. r' -fA :::J - day of IN WITNESS WHEREOF, this instrument is executed on the .J2!Z..E 1M. (? E:1<. , 1990 . ~~-thA ~ Samantha Lynn Cay on SWORN TO AND SUBSCRIBED before me, this S~ day of De~EMeft'R... 1990. ..r--~' .'--:..::;'~~ or tne ommission I I, " (, .., :. . ~ . ~-...-_.....~- e EXHIBIT "A" e Attached to and made a part of that certain Agreement dated Da.(,Q."",,0iU'" S-, 1990, between Samantha Lynn Cayton and Arkla Exploration Company. ;~ l'tt ~ o ~ c :l! 'i ~ , <1l~ li Ii) t:: :0 -_:'c~, , t'l '\ ';.,&...;.-J. \...-IJ <,CUN'" rr-'i.' , ' i , , . .r ' -"r of... _L- ... 00 ,......0.......... /-I!"MOIV P' -, ' "" ,... ~ ,... . . . .-- lJI "1 ~ .., '" _'1_ _, .. . '....i...~ ._,...~)~._.,,-j.....: ,"'n~; ,.... :t. 'll o ~ '1 i"'t l~ I I I, I ~ 1\ . I" ~ I ~ I '\: E)It)lO.v '." I I = () ~ "'1 ',1>. - Cy' '1 I.i) . : 0 ~: i~ OJ I ~ & ~ ~'o :'. '.r i ~ ~~' HI ~~i. ~~~\ "....~I ~W ~~ III , _ ,'" 0.....' ,-,~L L /N. co. ~~. ' ~ ~~ : ~ ~ l 0\\ '~ I 'ti ,rl'~ .-....".1 L IN.- :1/ \ "-. -. "-. ,''',.;, '........ , ,,;, '-.... , '!\.. '- /7'.; , lJ ,~ i/ / II i/ / / !l ~i ~ ,i'l '", . , I' t 'I I: ! . '" F-. " i I 1 I I I I ~ Ii. .... ~ "- ... ~ ~ "- () () ~ '" '1 :! I' ; /,: 'I ,/ .' :.' I _____.'-1"_.1/ / .., r:-:I I": I ;,._:(>: .)(. ;;'- {)(}. I PLAT 0' A.....~A A,tIffOt/ND A.-.X'A 'XI-~O,.,.rn:JN a CO,",PANY' 's PAO"~.IID S'l.ItfIf"A CI LOCA .........0"..., e... r.vl LO/WAX GAS UN" I, W.t""4L No. I IIV LA ;oo~rl Our~or /Vo. .!J49 ,,,,, r.-vL EN 0 eN 13.4/"'" Go~ Sv~V'L y; A. 5 NAPA/I CouNrr: r.t"")(AI' a ~... .," --. ....... .. "....... f , I , ! / . j ! \ IF;-- / I, ~\ . . . ~' , ~. I ,~ J f ~f ;i tr a.I . ,- ,. ~~ ~. ~ ~f .~ . ~ f ~ ~ f H - II ~ ~ I ---~ --- . - .:c ~ ~ sj ~ I .. =, il =, ofl sW' - -", ....._...~....._~....____.2..<JI.-.... ......-.....- e e REQUEST FOR CITY COUNCIL AGENDA ITEM ================================================================= Agenda Date Requested: Report Community Development Requested By: Joel Albrech Resolution x Ordinance Exhibits: 1) Map of requested closures 2) Letter from Port of Houston Authority 3) Staff Review ================================================================= SUMMARY & RECOMMENDATION The City Council, on March 26, 1990 approved city Ordinance No. 1694 which closed and abandoned the alleys in Block 432 and 433. Also closed were portions of Utah, Kansas, E. Madison and E. Tyler streets. Ordinance No. 1694 was to go into effect when certain conditions were met. That included the rerouting of an eight inch (8") waterline from E. Madison street to North "E" Street, purchase of the Southern Pacific Railroad property and providing of an easement to the City of La Porte for the benefit of Houston Light & Power (HL&P) to cover an existing HL&P transmission line. Since the passage of Ordinance 1694, Idaho Street between E. Madison & North "E" Streets and North "E" st. extending 185 feet east from the western right-of-way line of Kansas Street have been added to the request from International Cargo Network (ICN) for closing. The Port of Houston Authority declined selling a portion of their property, but did agree in writing to the closing and to assist ICN and the CIty in this endeavor. All conditions have been met~IcN with the exception of it's land purchase from Southern Pacific Railroad. A question of ownership on the 185 foot long section of E. Tyler and North "E" Street has been raised by Southern Pacific Railroad. 1Ehe total land area in question is 22,200 sq. ft. All parties involved are recommending that the ownership of the land in dispute should be divided equally between the City of La Porte and Southern Pacific Railroad. The attached Ordinance #1694-A reflects this concept. Ordinance 1694-A closes and vacates North "E", E. Tyler & E. Madison street extending 185 feet east from the eastern right-of- way of Kansas street, Kansas street from the northern right-of-way line of Adams Street to the southern right-of-way line of North "E" Street Utah and Idaho Streets between North "E", and E. Madison Streets and the alleys in Block 432 & 433, Town of La Porte. All franchise utilities have been notified and have no objections to the request of ICN. The total land to be quitclaimed per ICN' s request is 122,700 sq. ft. Harris county Appraisal District has appraised the land to have a fair market value of $1.25 per sq. ft. Therefore, per out Ordinance No. 1550 the land would be quit claimed by the City of La Porte to ICN with a value of $1.875/sq.ft. for a total value of $230,062.50. e e Agenda Request Page 2 of 2 staff recommends the request to be approved subject to the following: (1) A written consent from the Port of Houston Authority for property abutting the closure. (2) ICN providing the City of La Porte with a sixteen foot (16') easement for the eight inch (8") relocated waterline in Kansas and E. Madison street. (3) ICN providing the City of La Porte with a sixteen foot (16') easement for the ten inch (lO") waterline located in Idaho street. These two water line easements are retained by the City in the Ordinance. Action Required by Council: Approve the request from International Cargo Network subject to certain easements for water lines being provided to the City and receiving a payment of $230,062.50 for closing and abandoning streets and alleys outlined in Ordinance No. 1694-A ----------------------------------------------------------------- ----------------------------------------------------------------- Availability of Funds: General Fund Capital Improvements Other Water/Wastewater General Revenue Sharing Account No.: Funds Available: Yes No ----------------------------------------------------------------- ----------------------------------------------------------------- Approved for City Council Agenda Q~~~ Robert T. Herrera city Manager \a...4-<\O Date ==========================================================;====== e e ORDINANCE NO. 1694-A AN ORDINANCE VACATING, ABANDONING AND CLOSING PORTIONS OF NORTH "E" STREET, TYLER STREET, MADISON STREET, KANSAS STREET, UTAH STREET, IDAHO STREET, AND THE ALLEYS IN BLOCKS 432 AND 433, IN THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS1 RETAINING CERTAIN PUBLIC UTILITY EASEMENTS1 FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING CERTAIN CONDITIONS PRECEDENT TO THE EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by record owner of all of the property abutting the hereinafter described portions of North "E" Street, Tyler Street, Madison Street, Kansas Street, Utah Street, Idaho Street, and the alleys in Blocks 432 and 433, in the Town of La Porte, Harris County, Texas, to vacate, abandon, and permanently close that portion of North "E" Street, Tyler Street, Madison Street, Kansas Street, Utah Street, Idaho Street, and the alleys in Blocks 432 and 4331 and WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine and declare that the hereinafter described portions of North "E" Street, Tyler Street, Madison Street, Kansas Street, Utah Street, Idaho Street, and the alleys in Blocks 432 and 433, Town of La Porte, Harris County, Texas, are not suitable, needed, or beneficial to the public as public roads, streets and alleys, and that the closing of the hereinafter described portions of North liE" Street, Tyler Street, Madison Street, Kansas Street, Utah Street, Idaho Street, and the alleys in Blocks 432 and 433, Town of La Porte, Harris County, Texas, is for the protection of the public and for the public interest and benefit, and that the hereinafter described portions of said North "E" Street, Tyler Street, Madison Street, Kansas Street, utah Street, Idaho Street, and the alleys in Blocks 432 and 433, should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Under and by virtue of the power granted to the City of La Porte under its Home Rule Charter and Chapter 13, Title 28, Article 1175, of the Revised Civil Statutes of the State of Texas, 1925, the hereinafter described portions of North "E" Street, Tyler Street, Madison Street, Kansas Street, Utah street, Idaho Street, and the alleys in Blocks 432 and 433, Town of La Porte, Harris County, Texas, are hereby permanently vacated, abandoned and closed by the City of La Porte, to-wit: e e ORDINANCE NO. 1694-A Page 2 Being that portion of the right-of-way of North "E" Street, from a point 20 feet east of the west right-of-way line of Kansas Street to the west right-of-1ines, extended, of the alleys in Blocks 433 and 438, Town of La porte, Harris County, Texas, and lying and being situated between the west half (W.1/2) of Block 433 and the west half (W.l/2) of Block 438, Town of La porte, Harris County, Texas1 and Being that portion of the right-of-way of Tyler Street from the west right-of-way cline of Kansas Street to the west right-of- way 1in~s, extended, 'of the alleys in Blocks 415 and 420, Town of La Porte, Harris County, Texas, and lying and being situated between the west half (W.l/2) of Block 415 and the west half (W.1/2) of Block 420, Town of La Porte, Harris County, Texas1 and Being that portion of the right-of-way of Madison Street from the west right-of-way line of Kansas Street to the west right- of-way line, extended, of the alleys in Blocks 420 and 433, Town of La Porte, Harris County, Texas, and lying and being situated between the west half (W.l/2) of Block 420 and the west half (W.l/2) of Block 433, Town of La Porte, Harris County, Texas1 and Being that portion of the right-of-way of Kansas Street from the north right-of-way line of Adams Street to the south right- of-way line of North "E" Street, and lying and being situated between Blocks 415, 416, 419, 420, 433, and 434, Town of La Porte, Harris County, Texas1 and Being that portion of the right-of-way of Utah Street from the north right-of-way line of Madison Street to the south right- of-way line of North "E" Street, and lying and being situated between Blocks 432 and 433, Town of La Porte, Harris County, Texas; and Being that portion of the right-of-way of Idaho Street from the north right-of-way line of Madison Street to the south right- of-way line of North "E" Street, and lying and being situated between Blocks 432 and 980, Town of La Porte, Harris County, Texas1 and Being the entire sixteen feet (16') by four hundred feet (400') alleys in Blocks 432 and 433, Town of La Porte, Harris County, Texas. SUBJECT TO: 1. The City of La Porte retains for the benefit of Houston Lighting and Power Company, easement rights for Houston Lighting and Power Company's existing transmission and distribution facilities that are currently in place in said rights-of-way. 2. The City of La Porte retains a sixteen foot (16') easement for the eight inch (8") water line on portions of Kansas Street and Madison Street, as such easement is more particularly described by metes and bounds on Exhibit "A" attached hereto, incorporated by reference herein, and made a part hereof for all purposes. 3. The City of La Porte retains a sixteen foot (16') easement for the ten inch (10") water line on a portion of Idaho Street, as such easement is more particularly described by metes and bounds on Exhibit "B" attached hereto, incorporated by reference herein, and made a part hereof for all purposes. e e ORDINANCE NO. 1694-A Page 3 Section 2. This ordinance shall be effective upon the performance of the following conditions precedent, by the applicant, to-wit: 1. The payment by applicant to the City of La Porte, as and for the fair market value of the street and alley rights- of-way to be close~, of the cash sum of $230,062.50, in certified funds. ' 2. The purchase by applicant of all of the property abutting the portions of the street and alley rights-of-way described herein, except for such portions of said property owned by the Port of Houston Authority, for which property the written consent of the Port of Houston Authority shall be required. Section 3. When the conditions set forth in Section 2 have been performed, the City Secretary of the City of La Porte is authorized to issue a certified copy of this ordinance to applicant, for recording in the Harris County Clerk's office. Section 4. 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 Annotated1 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 5. Ordinance 1694, passed and approved on March 26, 1990, is hereby repealed. PASSED AND APPROVED, this lOth day of December, 1990. CITY OF LA PORTE BY Norman L. Malone, Mayor ATTEST: City Secretary APPROVED: /~. . ~ ~/ v>>h /. Cl.ty Attorney e e EXECUTIVE OFFICES, 1519 CAPITOL AVENUE TELEPHONE, (713) 226-2100 1WX, 910-881-5787 P,O, BOX 2562 HOUSTON, TEXAS 77252.2562 llD aD ll~ ~D~ aD ll~ TIil aD TIJ ~ ~D~ aD M lli TIJ ~D~ TIil aD ll~ TI ~D~ }Y JAMES D, PUGH Executive Director & CEO (713) 226-2153 December 3, 1990 Mr. Robert T. Herrera, City Manager City of La Porte 604 West Fairmont Parkway La Porte, Texas 77571 Re: Street and alley closures by the City of La Porte at the request of International Cargo Network, L. P. ("ICN"). Dear Mr. Herrera: Please be advised that the Port of Houston Authority, as the owner of Lots 17 through 32 in Block 433 and Lots 1 through 16 in Block 438 of the City of La Porte, agrees to join with ICN and the City of La Porte in closing certain adj oining streets and alleys you have been requested to close by ICN. We believe that the streets and alleys for which our consent and agreement may be required are (i) a portion of North E Street between Blocks 433 and 438, (ii) the alley which divides Block 433, (iii) a portion of Utah Avenue between Blocks 433 and 432, and (iv) to the extent you believe our consent necessary, a portion of Madison Street between Blocks 420 and 433. As I mentioned above, the Port of Houston Authority, as an adjoining property, agrees to execute and deliver such documents as may be reasonable and necessary to effect the closure by the City of La Porte of the streets and alleys mentioned in items (i) through (iv) above. ICN has agreed to pay such costs and expenses as may be levied by the City of La Porte in connection with such street and alley closures and this letter should not be interpreted as an agreement by the Port of Houston Authority to pay any such costs. Please contact the undersigned with any questions or comments you may have regarding the foregoing. Very truly yours, t::3 ~r e c: Mr. Joel H. Albrecht Director of Community Development and Zoning Administrator City of La Porte P. o. Box 1115 La Porte, Texas 77572-1115 Mr. Knox Askins City Attorney City of La Porte P. o. Box 1115 La Porte, Texas 77572-1115 Mr. Don R. Holloway International Cargo Network, L. P. 16398 Jacintoport Blvd. Houston, Texas 77015 e Page Two Mr. Robert T. Herrera December 3, 1990 e e :-,,\,\\\\\\\\lIIII""""I1"'I/. ;t~"'~,\1 APPll4/.r. ""~ ~~~ .,(~ ~<; ~~ !~ W.,.. ~% ~:: ~~ ~~ "'" ~!::~ ::-.... =: % S ! "\ $' ~ # ~IIII"II .. *.. \\\\\\"\''\ '1111""111111\\\\\\' Harris County Appraisal District 2800 North Loop West P.O. Box 920975, Houston, Texas 77292-0975 Telephone 713-683-9200 REAL PROPERTY APPRAISAL DIVISION DATE: 20 June 1990 TO: Linda Gutierrez \Ll Kyle G. Wilfong'!.f'V" Value Estimate for Proposed Street Closing in the City of LaPorte Fl-om: Subject Based on the value of surrounding tracts of this size, we would value the property at $ 1.25 per square foot. If you need any additional information, contact either me or Tom Hubert. ", " Jl " I ../ I,' " "', ~'i . : ~PRDPDSED STREET CLOSING \-- d d_ I i V///)1 STREET/ALLEY CL()SING PER ORDINANCE NO. 1693 ,... I, ~ "'~ STREET/ALLEY CLOSING PER ORDINANCE NO. 1694 ~ ... c _-.-- ~=.. ~ LEGEND _ -i , __...--J._l::=. I i L:: IV r r: ,U - 1 "--- , I ,,- 'I b'" 1: \ . II .." .. //~I'l') ~ \ -1- ~ / / I S ! I j --jl-.'- 432 ( L-~ / / lXXOt / 433 .. " .., ~ ~ , ~ If.1 ~ i 9 . ~ fl.' ,,' 2 ~ 979 978 \1 u .. 'H 11.1 /-~ n.1 I: -~h -- .".. -:~~'~~.:: _:1 '~ ,,~-=:: .::-c C"'%-"~' :::,;;~~.:t_~~c~_~ :5~ . I~ . '1.\..~. ~~;~:~=-=:'ccc= :':=P:-:---:.J I~d: I 1 ,1 . ~_,__..~ Ie _ ,.~ --', ~--_._---------~~---~~ " .7 '" ,8 Ill' _\~q .;:~ I i r -~- i 1 '-!.ll' '" zo' -.1 , i.'\ f...--'(:!T""~':lP "' ., \ \ /i "I . '03 ,436 1..1 437 '[' , "' Q /--......... ( , ~I \ '1\ .~ L_:,,] HOATl4 "E" i I ! -/ ST, J / , ; i I / "+-;" ~:.'_rJ J [?, () ~. ' ~~~~@_~~ eur-BlVO. I, :1 '. ~CITY OF LA PORTE e APPLICATION FOR THE CLOSING OF STREETS AND ALLEYS Date May 1. 1990 I, the undersigned owner rrlternational Cargo Network (or option holder, etc) of the following desc ribed real prope rty located wi thin the Ci ty of La Po rte, Tex as, he reby reques t and make appl icat ion und e r the te rms of Ordinance Number 155Q for the vacating, abandoning and closing of the following Streets and/or Alleys: LEGAL DESCRIPTION OF STREETS AND/OR ALLEYS Street(s) Idaho-Between blocks 980 & 432. North E street - per map / attached. Al1ey(s) No. of Square Feet: 39,500 App- REASON FOR REQUEST Plan to utilize land for business purposes. Plot Plan Attached~es Proof of Ownership Submitted herewith is an application La Porte, TX 77571 (713) 471-3633 Telephone Number APPRAISAL INFORMATION dt H CAD P rim eRa t e :..\. ~ s per square foot. Adjacent Property HCAD Concurrence of Revenue Prime Rate per square foot. controller:?~A J;u.:~ ( ignatu re) City:J."l'S Jt \.5" :=. JJl.~iS X /':?P" 7Cf) =- ~i~06;2..~-o Fee to be collected by ACTION Recommended action to Ci ty council~().J~l '''l\:t~ rJt:'lUDJ72l9l>oSb- . ~ City Council Action Date Ordinance No. dated F_E #: X EF: CA E If: KEY MAP REFERENCE: TOPO: K-12 ICN Project DATE: 5/15/90 e CITY OF LA PORTE COMMUNITY DEVELOPMENT DEPARTMENT Checklist for street & Alley/Easement Closing Requests: (1) Public Utilities (a) The City shall check for existing utilities in the ROW's, Alleys, or Easements See Item 4-A (b) Other public utilities will be checked by the individual franchises; i.e. Entex, Bell Telephone, HL&P, Cable TV RE: City Secretary (2) Effect on adjacent property and property in surrounding area. (Does the street closing request "landlock" or seriously diminish access of adjacent land?) REF: ICN Project - proof of ownership sholJld np clarified. (3) Effect on access by fire and other emergency vehicles. Closure would not affect access by emerqency vehicles. (4) Review the closing request in regards to future needs (whether immediate or long-term) for: (a) utilities (water or (sewer)* The City maintains line in the Idaho R/W. Relocation of this line wo 1 an or an easement granted to the City. (b) Streets/Thoroughfares/Traffic patterns* No current or future plans for these riqhts-of-wav. (c) Drainageways* No current or future plans for drainage in this area. (d) Other Comprehensive Plan Considerations: Land Use Plan Thoroughfare* Utilities* Official Parks & Rec. Map Community Facilities Plan Safety Plan (5) Furnish srll plat (81/211 x 1411 rI.) of the proposed closings, the status of adjacent streets (open or closed), property owners adjacent to (or nearby and possible affected) the proposed closing. See attached map. (6) Receipt of comments from Public Works. II attached II Forwarded to City Secretary (7) Comments/Recornmendation(s): Recommend approval of closures contingent upon comments in Item 2 and 4-A , /1;;' '- -/~ " I?~ UV~, /',Z:: City Engineer ~;/~~~ Forwarded to City Secretary by Date City Council Action: by Date Deoartrnent Uodates Tax Maps 111 = 100' U. V. Copy of Ord. in log Files x - ref files Form Approved _&~ Date e e CITY OF LA PORTE INTER-DEPARTMENTAL MEMORANDUM May 21, 1990 M~~l ~~AY 22 19~1!:!J ASST. CITY MANAGER OFFICE TO: Phil~~~o'~d~ngineering Department steve~~, Public Works Director FROM: SUBJECT: Street Closure Request The Public Works Department currently maintains a 10" water line in the portion of Idaho Street which International Cargo Network has requested closed. This line must be either relocated or a utility easement granted to the City prior to such closure. The requested closure of North E Street will not affect any present or future Public Works facilities and the Public Works Department has no objections to the request. SG/bj xc: John Joerns, Assistant City Manager Joel Albrecht, Community Development Director Orville Burgess, Street Superintendent Curtis Herrod, Utility Superintendent L j,-, '-.:> e e CITY OF LA PORTE, TEXAS P.O. BOX 1115 UTI LIT YEA S E MEN T THE STATE OF TEXAS COUNTY OF HARRIS KNOW ALL MEN BY THESE PRESENT: That I (We) INTERNATIONAL CARGO NETWORK, LA PORTE of HEREINAFTER CALLED THE GRANTOR (whether one or more) for and in consideration of the sum of and other good and valuable consideration, cash to Us in hand paid by the City of La Porte, Texas, a municipality, the receipt and sufficiency of which is hereby acknowledged and confessed, have this day GRANTED, BARGAINED, SOLD AND CONVEYED and by these presents do GRANT, BARGAIN, SELL, AND CONVEY unto the said CITY OF LA PORTE, TEXAS, a municipality, its successors and assigns, for use by the City of La Porte, the perpetual right, privilege and easement, with appropriate rights of ingress and egress and reasonable working area for construction and maintenance, to enter upon and construct, reconstruct, maintain, operate, inspect, replace, repair and remove PUBLIC UTILITY EQUIPMENT AND FACILITIES. over and across certain lands and premises owned by the said GRANTOR, and located in the Johnson-Hunter Survey, Abstract Number A-35 , in Harris County, Texas, the property being burdened with said easement being described in a deed from City of La Porte to International CarQo Network dated and recorded in Volume , Page , in the Deed Records of Harris County, Texas, and further described below: BEING a 16 feet wide utility easement out of the Idaho Street right-of- way (closed by the City of La Porte with Ordinance No. ) between Blocks 432 and 980 located in the Johnson Hunter Survey, A-35, Town of La Porte, Harris County, Texas and more particularly described by metes and bounds: POINT OF BEGINNING being the Southwest corner of Block 980; THENCE, North along the west property line of Block 980 and coincident with the east right-of-way line of Idaho Street to the northwest corner of said Block 980 also being the point of intersection with the south right-of- way line of North "E" Street to a point for corner; THENCE, West along the south right-of-way 1 ine of North "E" Street a distance of 16 feet to a point for corner; THENCE, South 16 feet, west of and parallel to the west property line of Block 980 and the east right-of-way line of Idaho Street to a point of intersect i on with the north ri ght-of-way 1 i ne of North "D" Street thus being a point for corner; THENCE, East along the north right-of-way 1 ine of North "D" Street a distance of 16 feet to the POINT OF BEGINNING. TO HAVE AND TO HOLD the above described easement, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said CITY OF LA PORTE, TEXAS, its successors and assigns, and its franchised public utilities, in accordance with the terms and conditions hereinabove set forth. The GRANTOR does hereby bind himself, his heirs, executors and administrators to WARRANT AND FOREVER DEFEND, all and singular the said easement unto the said CITY OF LA PORTE, TEXAS, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. WITNESS THE EXECUTION HEREOF on this the A.D., 19_ day of r ---- e e THE STATE OF TEXAS COUNTY OF HARRIS appeared Before me, the undersigned authority, on this day personally , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office on this the , A.D. 19_ day of Notary Public in and for Harris County, Texas THE STATE OF TEXAS COUNTY OF HARRIS appeared Before me, the undersigned authority, on this day personally , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office on this the day of , A.D. 19_ Notary Public in and for Harris County, Texas Dee 07,90 10:45 CARTER~ BURGESS, INC. e P.03/05 PROPERTY DESCRIPTION 16' Utility Easement #1 BEING a 0.2199 acre tract of land out of the Johnson Hunter Survey, A-3S City of La Porte, Harris County, Texas and also being in part a part of the same tract of land conveyed to the Galveston, La Porte and Houston Railway Company by R.R. Greer as described in a Quit Claim Deed dated March 8, 1895 and recorded in Volume 83, Page 243 of the Harris County Deed Records, and also being in part a part of the abandoned right-of-way of Kansas street (20' R.O.W.) and being more particularly described as follows; Commencing at the intersection of the south 1 ine of said North Avenue "E" (60'R.O.W.) and west line of Kansas street (20' R.O.W.); THENCE EAST along the south line of said North Avenue "E" a distance of 4.69 feet to a 5/8" iron rod set at the POINT OF BEGINNING 0 the herein described tract, THENCE continuing east along the south line of said North Avenue "E" a distance of 15.31 feet to a 5/8" iron rod set for a corner in the west line of said Railway Company tract; THENCE NORTH along the west line of said Railway Company tract a distance of 7.31 feet to a 5/8" iron rod set for a corner; THENCE S 45" 00' 001' E, a distance of 5.66 feet to a 5/8" iron rod set for a corner; THENCE SOUTH a distance of 403.31 feet to a 5/8" iron rod set for a corner; THENCE EAST a distance of 181. 00 feet to a 5/8" iron rod set at the intersection of the east line of said Railway Company tract and the north line of Madison Street (80' R.O.W.); THENCE SOUTH along the east line of said Railway Company tract a distance of 16.00 feet to a 5/8" iron rod set for a corner; THENCE WEST a distance of 197.00 feet to a 5/8" iron rod set for a corner; THENCE NORTH a distance of 412.69 feet to a 5/8" iron rod set for a corner; THENCE N 450 00' 00" W, a distance of 4.69 feet to the POINT OF BEGINNING and containing 0.2199 acres of land. 12-04-90 90500702H WLM/c1 .-:;~ , ..,:c;;....,~~~. ,,'It'",.- ,"'. '. ,~~ ~ tHo ,;:-"'(. .'/ d.~t: ';.',"l''''1:fo.'~f:", I (.....~, ~J t~.. .,,-t.. . ,. f'.. \' I;. :a(_. ~ _...l. (. ; . ... (', ~ .N ", .,1...,,- ~ " ,:~, ".. ,4.," I. "" .~' 1>~ ('j' I.;;.... .)~' ~ '1'\' Iii\.\ ~t.e"ll~""':)ro.~. ~.)-=...t-...:.'~o,;,~.f."''''''' ,".~..:{" fWM. L !V:cr.GWN }~ ....."I7\.....,~u>>";",..'^"."... ....""t.........""',,'.. :,,~,.j"A.:/JI "ti: _. ....,:.~ I{ (' "$'", 1/19 ,.iJ."'r""I"iI . li.' ,~~ t. .". 'I "'IA:"'CtSf~,S:;":/Jl'l ' "'0 Oo~.t.oc."l" ~' ,-v (:~ I i .:_.~ "1 "" c.;.;," ~ ...1 ',I' .' "-,,.- ... ~l't2:f':#".:''''''' ~ /111- -f. -m'-~. william L. McCown R.P.L.S. #1719 >, .'Dec.07,90 10:47 CARTER WURGESS, INC. e P.04/0S PROPERTY DESCRIPTION 16' utility Easement #2 BEING a 0.1469 acre tract of land out of the Johnson Hunter Survey, A-35 City of La Porte, Harris County, Texas and being more particularly described as follows; BEGINNING at a 5/811 iron rod set at the intersection of the east line of Idaho Avenue (80' R.O.W.) and the south line of North liE" street (60' R.O.W.); THENCE SOUTH along the east line of said Idaho Avenue (closed) a distance of 400.00 feet to a 5/8" iron rod set for a corner at the intersection of the east line of said Idaho Avenue and the north line of Madison street (80' R.O.W.); THENCE WEST along the north line of said Madison Street a distance of 16.00 feet to a 5/811 iron rod set for corner; THENCE NORTH a distance of 400.00 feet to a 5/8" iron rod set in the south line of said North 'E' Street; THENCE EAST a distance of 16.00 feet to the POINT OF BEGINNING and containing 0.1469 acre of land. ~M1.~.111~~ 12-04-90 90500702H WLM/cl William L. McCown R.P.L.S. #1719 . u :z; H .. U".l U".l ~ l? 0:: :::> . 0:: ~ E-l 0:: -'C U M <::t' a rl a 0'1 .. f"- a U. Q) Q EEl f/IIJI. . ----'--/~_- -- DWG NO 90500701 DEC. 05. 1990 CaB JOB NO 9050070lH SITUA TED IN THE J. HUNTER SURVEY ABSTR ACT 35 LA PORTE. HARRIS COUNTY, A SKETCH SHOWING TWO 16' WIDE UTILITY EASEMENTS I'll I iL EAST '81.00 _ -:- ~Wm197:OO e ... ~ 0 <( ~ ~ 0 - << .. IL - ;l (1t II! .z \0 1: :;) . III . ~ ~ ~ ..,. ... 0 x <( . I- ~ ~ 0:: <( 0 0 ~ !:! z N4~.OO'W EAST 15.31 EAST 1>--: 1-0 1, ':jZ l - - 'I.... . I') t ~.... . ::lEI') ll-CI)o II ~L&J. II V ~ II g I z o .. ~ Ii cj o. u ... III 0 % .... .. u ~ ~ :!; >- ... 5 L ; 0 . <( ..! .. .. ... <( lit ~ lit ~ ... J ... 0 ~ > ~ o --;OUTH~.OO -.- ~ - - - - - - WEST 576.00'-- NO '0 MADISON ST " ST tGR A VEL ROAOWA YI - - - ";WI. ~ ,1rJ "c;, Ul a "- N a Pol I I I I <t I l- => NORTH "E" ST. tUN/AlPRO VEOI EAST 576.00' 5.2893 AC. :J: .... 0:: 0 Z I- I' ffi l' ~ 1'1 ~ I!I SNI ~ I ~cil'l ::>z ' g~1 il iDEUJ.cn I. . _1&.1 0 'C! lil~ glll~ ~I il ~ ~liI ~ I !,I I t I I III 16.00 I !I 16.00 200.00' <> o o o .,. J: .... ~ o CI) . t- CJ) o I o o I <! o T \" :: 100 e e REQUEST FOR CITY COUNCIL AGENDA ITEM ================================================================= Agenda Date Requested: December 10. 1990 Requested By: Alex Osmond aD, Department: Golf Course x Report Resolution Ordinance Exhibits: 1. Inter-Office Memo from purchasing Manager 2. Bid Tabulation 3. Inter-Office Memo from Golf Course Superintendent to Golf Course Manager dated 10-9-90 4. Turf Cover Instructions ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY & RECOMMENDATION Sealed bids #0414 for turf covers for the golf course were opened and read on November 19, 1990. Bid requests were mailed to seven (7) supplies with two (2) returning bids. Staff recommendation is to award bid to Hendrix and Dail, Inc. (low bidders) for $385.00 per cover. Total price: $10,010.00. Available funds are: $20,000.00. Action Required by Council: Award bid to Hendrix and Dai1, Inc. in the amount of $10,010.00. ----------------------------------------------------------------- ----------------------------------------------------------------- Availability of Funds: General Fund Capital Improvements Other - Golf Course Maintenance Water/Wastewater General Revenue Sharing x Account No.: 028-800-811-821 Funds Available: -K- Yes No ----------------------------------------------------------------- ----------------------------------------------------------------- Approved for City Council Agenda Q~T,~ Robert T. Herrera city Manager 11.--4r 'lP Date ----------------------------------------------------------------- ----------------------------------------------------------------- .a~:f -d..- 0-.- 1 :;3;J{)V v 9 .J ~ 2. DELIVERY IN DAYS 30 10 I J I I I 1- ,--- I - CITY OF LA PORTE INTER-OFFICE MEMORANDUM NOVEMBER 20, 1990 TO: Alex Osmond, Golf Course Manageo~,\ Louis Rigby, Purchasing Manage~~ Sealed Bid #0414 - Golf Course Turf Covers FROM: SUBJECT: 1____ ~ 1___ ~ l--~~-I~~~-- --- I ,-- Advertised, sealed bids #0414 for turf covers for the golf course were opened and read on November 19, 1990. Bid requests were mailed to seven suppliers with two returning bids. Low bid was submitted by Hendrix & Dail, Inc. for $385.00 per cover with a 30 day delivery. Please submit your recommendation with an agenda request form by the prescribed time before the next regular council meeting. If there is a need to delay bringing this bid before council, pleas;e notify me. LR/gr Attachment: Bid Tabulation xc: Dennis Hlavaty, w/ attachment e e r' CITY OF LA PORTE INTER-OFFICE MEMORANDUM OCTOBER 9,,1990 SUBJECT: Alex Osmond, Golf Course Manager Dennis.Hlwa ty, Golf Course. superintendenfl)JJ, Turf Covers TO: FROM: After questioning several golf course superintendents in Alabama, Georgia, Tennessee, and Northeast Texas, the majority stated they received excellent results using a polypropylene turf cover as protection from winter kill on their bermuda grass greens during last winters severe weather. The superintendents stated that the polypropylene turf cover was east to handle and dried quickly after being wet, which results in an earlier removal from the putting surfaces after temperatures rise above freezing, thereby allowing players back on the golf course. ~- DH/neb ..J e e /. /<~ , ( "~"""li ~ "'r-~,''''' ..~'JIIl""_~n~:""lI.~"'>orJ'-";~"r-'.~."",._.",,,>-~ ""'~_.~..,...---. ~~ -.,':~ ~ -.~-~:?' ''-'''4( [- [ ,C :. ) ,/ t' e e , , Instructions for Use: 1. Use established management practices for your area-including insect and disease control methods-before installing the blankets. Because the growth period is extended, excellent take-up of systemic pesticides has been reported. NOTE: Check under blankets periodically for evidence of disease or damage. 2. After rolling the blanket out, pin every 3 feet with /lU" shaped #9 wire pins or long large-head nails. Fold the edges over about 2 inches so the pins go through two layers (except at overlaps-clo not fold). NOTE: In especially windy areas, place #3 Rebar (%" steel rein- forcement rod) around the perimeter. Fold the blanket over the Rebar and pin. Also run a line of pins down the middle of the blanket to prevent excessive flapping. 3 Application of wetting agent: spray a commercial turf wetting agent* directly onto the blanket the first time you water. Only ,'!,: Jhisfirst application is needed. If this is not done, a portion of the water will run off the blanket, particularly if it is on a steep slope. ~ \ . 4. Mowing: Typar@ Turf Blankets stimulate a very rapid rate of growth. When Spring green-up occurs, mow only V3 of the new growth at a time, or else set-back can happen. If additional cold spells are anticipated, blankets can be put back. This is an advantage versus straw, sand, et~., where re-covering is not feasible. 5. Storage: roll the blankets up and store them out of the sun. With proper care, Typar@ Turf Blankets will give several years' service. *Use 1-2 oz./l,OOO sq. ft. diluted in 3-4 gallons of water. Recommend "Aqua-Gro" (Aquatrols Corp., Pennsauken, NJ) or equivalent. Reemay Inc Industrial Road p.o. Box 511 Old Hickory, TN 37138 1-800-321-6271 ~REEMAY , o member of The InlerTech Group, Inc, R-870 14 e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM NOVEMBER 20, 1990 TO: Alex Osmond, Golf Course Manager Louis Rigby, Purchasing Manage~~ Sealed Bid #0414 - Golf Course Turf Covers FROM: SUBJECT: Advertised, sealed bids #0414 for turf covers for the golf course were opened and read on November 19, 1990. Bid requests were mailed to seven suppliers with two returning bids. Low bid was submitted by Hendrix & Dail, Inc. for $385.00 per cover with a 30 day delivery. Please submit your recommendation with an agenda request form by the prescribed time before the next regular council meeting. If there is a need to delay bringing this bid before council, please notify me. LRlgr Attachment: Bid Tabulation xc: Dennis Hlavaty, wi attachment SEALED BID 110414 GOLF COURSE TURF COVERS 1 . TURF COVERS 2. DELIVERY IN DAYS e HENDRIX & DAIL INC. $385.00 30 e PROFESSION TURF SPECIAL TIE $390.00 10 . e CITY OF LA PORTE INTER-OFFICE MEMORANDUM OCTOBER 9, 1990 SUBJECT: Alex Osmond, Golf Course Manager Dennis Hlavaty, Golf Course superintenden~ Turf Covers TO: FROM: After questioning several golf course superintendents in Alabama, Georgia, Tennessee, and Northeast Texas, the majority stated they received excellent results using a polypropylene turf cover as protection from winter kill on their bermuda grass greens during last winters severe weather. The superintendents stated that the polypropylene turf cover was east to handle and dried quickly after being wet, which results in an earlier removal from the putting surfaces after temperatures rise above freezing, thereby allowing players back on the golf course. DR/neb e e r _...:. ..~--~~' ~:.=;:; i - ~.." .d. U ',.UU ---: ...' ( ,. -J -;..-_: .. ~(' ._..n~=~C ..0--'-- ~:.~~~i= -- r--y -- ~. .-'"~- R f , - . *,- -~ a ,,\.. ~ . :.U """"'.".........d aD'a Raoti fi _ ' , ~t.~ht · :". L~ I "we I u.~ .- .. 11~L'--~ll-~.~III~- T J e e REQUEST FOR CITY COUNCIL AGENDA ITEM ================================================================= Agenda Date Requested: 12-1~1T~ Requested By: Alex osmond~epartment: Golf Course x Report Resolution Ordinance Exhibits: 1) Inter-office memo from Purchasing Manager 2) Bid Tabulation 3) Chart showing budget/recommendation 4) Summary ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY & RECOMMENDATION Sealed bid #0417 for golf course equipment were opened November 26, 1990. Bid requests were mailed to five (5) area distributors with four (4) returning bids. The equipment includes a 72" out-front rotary mower, riding greens mower, tow-type top dresser, greens aerator, two (2) walk behind greens mowers, and an off-road utility vehicle. All items were approved for the 1990-91 Golf Course Budget. Staff recommends awarding bid to Watson Distributing for four (4) items: 1) One (1) riding green mower, 2) One (1) tow-type top dresser, 3) One (1) greens aerator, 4) One (1) off-road utility vehicle Staff also recommends awarding bid to Goldthwaites of Texas for two (2) items: 1) One (1) 72" out-front rotary mower, 2) Two (2) walk behind greens mowers. Four (4) of the six (6) items recommended are low bid. The other two (2) items are explained in the attached summary information. These items are the greens aerator and two (2) walk behind greens mowers. Action Required by Council: Award bids as recommended by staff. ----------------------------------------------------------------- ----------------------------------------------------------------- Availability of Funds: General Fund Capital Improvements Other-Golf Course Maintenance Water/Wastewater General Revenue Sharing x Account No.: Various Funds Available: -X- Yes No ----------------------------------------------------------------- ----------------------------------------------------------------- Approved for City Council Agenda i1<~ T. \~ Robert T. Herrera City Manager \ 'l,..-l\ -'\() Date ================================================================= e e CITY OF LA PORTE. ~NTER-OFFICE MEMORANDUM NOVEMBER 28, 1990 SUBJECT: Alex Osmond, Golf Course Manager!) .; f .1 Louis Rigby, Purchasing !"ianage114\ Sealed Bid #0417 - Golf Course Equipment TO: FROM: Advertised, sealed hids #0417 for golf course equipment V-1ere opened and read on November 26, 1990. Bid requests were mailed to five area distributors with four returning bids. Attached you will find a bid tabulation and copies of the bids for your review. Please submit your recommendation with an agenda request form by the prescribed time before the next regular council meeting. If there is a need to delay bringing this bid before council, please notify me. LR!gr Attachment: Bid Tabulation Bids xc: J Dennis Hlavaty, w! attachment \ \ e e SEALED BID #0417 GOLF COURSE EQUIPMENT \ " \ \ \ \ \ I \ \ \ \ WATSON iGOLDTHWAITE~ BROOKSIDE ~ISTRIBUTING OF TEXAS \ EQUIPMENT \ \ \ \ \ i \ \ \ \ \ \ , '. 1. 7211 ROTARY MOWER 8890.00 8156.70 10249.00 NB NB 2. RIDING GREENS MOWER 9620.00 11301.07 10759.00 10986.07 NB 3. TOW TYPE TOP DRESSER 5925.00 6395.00 . ,NB. ... NB NB 4. GREENS AERATOR 6232,00 7661. 50 4320.00 NB NB 5. WALK BEHIND GREENS MOv 2850.00 2748.24 2441 00 NB NB 6. OFF ROAD UTILITY VEH. 6542.00 6362.61 NB NB 7808.00 DELIVERY IN DAYS 30 20 10 40 20 \ . \ \GOLDTHWAIT~S \ OF TEXAS \ , ' \ E Z GO TEXTRON e e BUDGET/RECOMMENDATION CHART BUDGETED RECOMMENDED 72" Out-Front Rotary Mower $ 9,000.00 $ 8,156.70 Riding Greens Mower $ 13,000.00 $ 9,620.00 Tow-Type Top Dresser $ 6,500.00 $ 5,925.00 Greens J\erator $ 6,700.00 $ 6,232.00 Two (2) Walk-Behind Greens Mowers $ 7,000.00 $ 5,496.48 Off Road Utility Vehicle $ 8.000.00 $ 7.667.00 TOT1\L $ 50,200.00 $ 43,097.18 e e SUMMARY 1) 72" Out-front rotary mower $ 8,156.70 Low Bidder - Goldthwaites of Texas 2) Riding greens mower $ 9,620.00 Low Bidder - Watson Distributing 3) Tow-type top dresser $ 5,925.00 Low Bidder - Watson Distributing 4) Greens aerator $ 6,232,00 2nd Low Bidder - Watson Distributing (Ryan Greensaire 24 - meets all specifications) Low Bidder - Brookside Equipment (Ransomes XRA270 - does not meet specifications - see below): Two (2) Walk-behind greens mowers 2nd Low Bidder - Goldthwaites of Texas (Toro 04128 - meets all specifications) Low Bidder - Brookside Equipment (Ransomes 51 - does not meet specifications - see below): Specifications a) Horsepower - 8 H.P. minimum b) Clutch - multiple disc c) Drive - roller chain throughout d) Aeration pattern 2" center to center 5) 6) Specifications a) Horsepower - 4 H.P. b) Side frame material - cast aluminum alloy c) Transport wheels - cast iron d) Traction and reel drives chain drive in oil-tight aluminum alloy housing Off-road utility vehicle Option: Fiberglass cab Option: Cloth door set Low Bidder - Watson Distributing Ransomes XRA270 5 H.P. Mechanical Dual v-belt & chain 2-1/4" x 2-3/4" $ 2,748.24/each $ 5,496.48 Ransomes 51 3.1 H.P. Pressed steel Stamped steel Non-oil type fiberglass housing $ 6,542.00 817.00 308.00 $ 7,667.00 ~R CITY COUNCIL AGEND~ Agenda Date Requested: December 12, 1990 Requested By: steve Gillett ~~ Department: Public Works Report Resolution xxx Ordinance Exhibits: Request to Extend Option Amendment to Lease Agreement SUMMARY & RECOMMENDATION On December 12, 1988, the City Council approved an amendment to the lease held by cliff Hyde Flying Service, Inc. that extends an option, in the form of a right of first refusal, for forty five (45) tie-downs and the one hundred feet by one hundred feet (100' x 100') tract shown on exhibit A, as a combined additional lease tract, until December 31, 1989, renewable until December 31, 1990. A five hundred dollar ($500.00) option fee was paid for the two (2) year option. Cliff Hyde Flying Service exercised its option to renew in December 1989. The Airport Advisory Board, 1n conjunction with Council Approval, authorized the firm of Coffman Associates to conduct an Airport Master Plan Update in June 1990. The Phase One report was presented to the Board on November 28, 1990, with the phase Two report due in February 1991. Because the Master plan will impact the location of future facilities planned by Cliff Hyde Flying Service, an extension on the option described above has been requested for one (1) year, expiring December 31, 1991. Cliff Hyde Flying Service has offered two hundred fifty dollars ($250.00) for the additional one (1) year option. Action Required by Council: Approve the extension of the option described in the Lease Amendment approved December 12, 1988 between the City of La Porte and Cliff Hyde Flying Service, Inc. for one (1) year, exp1r1ng December 31, 1990, for two hundred fifty dollars ($250.00). Availability of Funds: N/A General Fund Water/Wastewater Capital Improvement other General Revenue Sharing Funds Available: YES NO Account Number: Approved for City Council Agenda ~D~ Robert T. Herrera City Manager \ 2... ~-C{ U DATE e e CLIFF HYDE FLYING SERVICE AIRCRAFT SALES - SERVICE - FLIGHT TRAINING Continental Airlines Pilot Development Program LA PORTE AIRPORT. PHONE 471-0265 . 11015 WEST MAIN. LA PORTE, TEXAS 77571 December 5, 1990 Mr. Bob Herrera City Manager City of LaPorte P.O. Box 1115 LaPorte, Texas 77571 Dear Bob: Please reference "Amendment to Lease", dated December 12,1988, between the City of LaPorte, Texas and Cliff Hyde Flying Service, Inc. We wish to renew and extend our option to lease the 100' x 100' tract and the 45 tie-downs until December 31, 1991, as outlined in Paragraph III of the above mentioned "Amendment to Lease". Enclosed is our check in the amount of $250.00 to cover renewal fee. If you are in need of any additional information, please call 471-0265. Sincerely, ~I "- hcL (/ Clif yde President CH/drk Encl: Check ./ .......... ;.-:.~' e e THE STATE OF TEXAS S S COUNTY OF HARRIS S AMENDMENT TO LEASE THIS AGREEMENT, entered into by and between the City of La Porte, Harris County, Texas, hereinafter called "City" and Cliff Hyde Flying Service, Inc., a Texas business corporation, hereinafter called "Lessee": 1. For and in consideration of the premises, and the mutual covenants herein contained, the parties agree to the amendment of an Agreement of Lease between the parties dated July 6, 1956, as amended November 4, 1963, and as further amended on July 29, 1986. Except as amended hereby, said Lease Agreement, as amended, shall remain in full force and effect until July 6, 1997. II. Reference is made to a plat attached hereto, on which the twenty-four (24) tie-downs are shown in yellow; the 100' by 100. tract is shown in blue; the forty-five (45) tie-downs are shown in green; the road to the 24 tie-downs is shown in purple; and the future road to the 45 tie-downs is shown in red. All references in this Amendment to Lease Agreement shall refer to such properties, as shown on Exhibit "A" attached hereto, incorporated by reference herein, and made a part hereof for all purposes. The 45 tie-downs shall be subject to the existing pipeline easement, as shown on Exhibit "A". e e -2- III. For and in consideration of the sum of Five Hundred Dollars ($500.00) cash paid to City by Lessee, City grants and gives to Lessee, an option, in the form of a right of first refusal upon thirty (30) days written notice from City to Lessee, whereby Lessee may lease from City, the 45 tie-downs and the 100'x 100' tract shown on Exhibit "An, as a combined additional lease tract. Lessee shall pay to City, as additional rent, should Lessee exercise its option to lease said 45 tie-downs and said 100'x 100' tract, the annual rental as provided in Paragraph VI hereof, plus a sum equal to thirty percent (30%) of the gross revenues obtained from rental of tie down spaces, upon execise of such option by Lessee, provided, however, Lessee shall guarantee the City a yearly rental of not less than $144.00, multiplied by the 45 tie-downs leased. No less than the full 45 tie-downs and the 100'x 100' tract may be leased under the option granted under this paragraph. Rental for the 45 tie- downs shall be paid monthly, in a sum equal to 1/12 of the annual rental due, in advance, on the 1st day of each and every month. City reserves the right to rent such tie down areas direct to the public, if not leased by Lessee hereunder, or if not leased by another fixed base operator at the City of La Porte Airport, from City. City will give Lessee hereunder thirty (30) days written notice of any offer by another fixed based operator at the City of La Porte Municipal Airport, to rent such 45 tie-downs and 100'x 100' tract, in which case Lessee hereunder may either accept the option to lease all of such properties, by giving written notice to the City of its desire to do so, or, in the absence of such written e e -3- notice, upon Lessee's refusal to lease such 45 tie-downs and lOO'x 100' tract, City shall be free to lease same to another fixed base operator at the City of La Porte Municipal Airport, or to continue to operate the same by City. In the event Lessee accepts and exercises its option hereunder, the term of the lease for such 45 tie-downs and such 100'x 100' tract shall extend for the full remaining term of the primary lease hereunder. This option shall continue in force to December 31, 1989. Upon mutual agreement of the parties, this option may be renewed and extended to December 31, 1990. IV. City leases to Lessee, for the term expiring July 6, 1997, the 24 tie-downs as shown on Exhibit "A" attached hereto. Lessee hereunder shall pay to City, as additional rent, a sum equal to thirty percent (30%) of the gross revenues obtained from rental of tie-down spaces, provided, however, Lessee shall guarantee City a yearly rental of not less than $144.00, multiplied by the 24 tie- downs leased. Rental for the 24 tie-downs shall be paid monthly, in a sum equal to 1/12 of the annual rental due, in advance, on the 1st day of each and every month. v. Lessee shall have the right and privilege to construct, at Lessee's sole cost and expense, an access road, to be located as shown in purple on Exhibit "A" attached hereto, to connect Lessee's existing lease space to the 24 tie-downs. Lessee shall submit plans and specifications prepared by a Texas registered professional engineer with municipal experience, to be approved in writing in e e -4- advance by City, for the construction of such road, which shall be to City specifications. Likewise, and on the same terms and conditions, Lessee shall have the right and privilege to construct an access road, as shown in red on Exhibit "A" attached hereto, to access the 45 tie-downs, in the event that Lessee exercises its option to lease the 45 tie-downs and the 100'x 100' tract. Provided, however, City reserves the right to remove the road shown in red on Exhibit wAw attached hereto, should the City in the future construct additional tie-downs in that area, in which case Lessee's continued access for ingress and egress from the 24 tie-downs to the 45 tie-downs, shall be kept and maintained by City. VI. City agrees to lease to Lessee, from the effective date of the exercise of option by Lessee, for a term expiring July 6, 1997, the 100'x 100' tract shown in blue on Exhibit "A" attached hereto. Such 100'x 100' tract shall only be leased in conjunction with the 45 tie downs. The rental for such 100' by 100' tract shall be $250.00 per year. Rental shall be paid annually in advance on July 6th of each calendar year. Rental from the effective date of exercise of option until the following July 6, shall be prorated and paid in full upon exercise of such option. Rental for subsequent years, under this paragraph, shall be subject to increase, in accordance with any increases in the Consumer Price Index for All Urban Consumers, with 1988 as a base year. VII. The Lessor is entitled to collect and the Lessee agrees to pay, all rentals due under this Agreement and Lease to the City of La e e -5- Porte, La Porte Municipal Airport, La Porte, Texas, without notice to the Lessee. Rentals more than thirty (30) days past due may be subject to a service charge of one percent (1%) per month, based on an annual rate of twelve percent (12%). VIII. Without prejudice to any other remedy which otherwise might be used for arrears of rent or other breach of this Agreement, if the Lessor is required or it elects to pay any sum or incurs any obligations or expense, by reason of a failure, neglect or refusal of the Lessee to perform anyone or more of the terms, conditions or covenants of this Agreement and Lease or as the result of any act or omission of Lessee contrary to said terms, conditions and covenants, the sum or sums so paid or the expense so incurred, including all interest, costs, damages and penalties may be added to any installment of rent thereafter due hereunder and each and every part of the same shall be and become additional rent recoverable by the Lessor in the same manner and with like remedies as if it were originally a part of the rent as set forth hereinabove. IX. Except as expresse1y amended hereby, and as previously amended, the Lease between the parties dated July 6, 1956, and subsequent amendments thereto, shall remain in full force and effect. r~ ~ ".:/-, -.-<:, -,,~L""'" e e -'--"- -6- WITNESS OUR HANDS, this the 12th day of December, 1988 C IT~ OF LA PORTE 1~1'nra~rk~~ 'M yor ATTEST: ~ flLr f 'UVJh C-/ City Secretary r; APP~ED: I _{;/ City Attorney CLIFF HYDE FLYING SERVICE, INC. preSid~!di ~lirL ATTEST: "'6l ~ ,~ Secretary LEGEND 24 TIE DOWNS lOa. x lOa. TRACT 45 TIE DOWNS I I ~~ tii'"~1 " '. '" ',,- e ~ -- -- -r.. '..,- -- -<- ~ -;:::--: :<; ( \I...~ - 24 TIE DOWNS TO 45 TIE DOWNS pi I--~ I FUTURE ~, "~~o __ , ,) ~~ -/ / ,,~~~(: ., , \ '-,,- , ., , ( ~~" >,l~ '.;-.J- ~_ / ~ ::.~ . .::_-:?)","~ J-_ - . ,-L . -/ -~ -- ~ .._-) ( '-- . - ---'I I; RD ROAD TO INC, './ CUFF HYDE FLYING SERVICES, , '" ,~ '" ~ ~ '0'. ,,", ," " ~ '. "- ., - ," - , , '", - - TEXAS AIR NA TlONAL GUARD [J--n ~- m ~fi.]l .. --- '--- L,j =1 ~ / / . , eQU!:::~I"-E OR ~J~Y _.~J]J}N~J~e_!2f:LL!E~1 Agenda Date Requested: December 10. 1990 Requested By' Steve Gi.llett -5fM Department, Pup_Uc Works XXX Report _.________. Resolution _._____.._._____ Ordinance Exhibits: Bid Recap Sealed Bids 10416 - Plastic Garbage Bags SUf'1MARY"& "RECOMMENDAT-ION Advel-tised. sealed bids #0416 - Plastic Garbage Bags were opened afiB I e!aa. on November 19, 1990. Bid requests were mailed to eight (8) manufacturers with four (4) returning bids. Low bid meeting specifications was submitted by Arrow Industries, Inc. at fifty cents ($.50) per pound for a total cost of seventy-two thousand, five hundred dollars ($72,500.00). HGAC received a bid for the same bag of forty-five and one-half cents ($.445) per pound for a total cost, including the 3X administrative fee. of sixty-six thousand, four hundred, and ten dollars ($66,410.00). Staff recommends purchase of plastic garbage bags through the Interlocal Agreement with HGAC at a cost, including the 3X administrative fee, of $.445 per pound for a total cost of $66.410.00. Action Required by Council: Authorize purchase of plastic garbage bags through the Interlocal Agreement with HGAC at $.445 per pound with a total cost of $66,410.00 Availability of Funds: XXX General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: 001-700-702-215 Funds Available: ~__YES NO Approved for Ci~y Council Agenda Q~T. ~ Robert T. Herrera City Manager ___,__,,,,,_, \ L. - 4 - <\ () DATE ----.--.- ..~_..---'--- .-.,. .. _.~_."'- ._.~- e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM NOVEMBER 29, 1990 TO: Steve Gillett, Director of Public Works Louis Rigby, Purchasing Manager~ -~ Sealed Bid #0416 - Plastic Gar~Ba\s FROM: SUBJECT: Advertised, sealed bids #0416 for plastic garbage bags were opened and read on November 19, 1990. Bid requests were mailed to eight manufacturers with four returning bids. Low bid meeting specifications was submitted by Arrow Industries, Inc. at $.50 per pound for a total of $72,500.00. HGAC's bid for the same bag is $.445 per pound. Total cost, including the 3% administrative fee, would be $66,410.00. Please submit your recommendation with an agenda request form by the prescribed time before the next regular council meeting. If there is a need to delay bringing this bid before council, please notify me. _ LRlgr Attachment: Bid Tabulation xc: Buddy Jacobs, wi attachment Bill Fitzsimmons, wi attachment e e \ \ SEALED BID 110416 PLASTIC GARBAGE BAGS \ \ ARROW \ INDUSTRIES \ \ \ \ \ \ \ \ \ , \ , \ \ BEMIS \ COMPANY \ \ \ \ \ ; I I i \ , \ \ \ \ , I , \ SUNBELT PLASTICS \ \ '\ DYNA-PAK \ CORP. \ \ \ \ H-GAC , 1. PRICE PER POUND .50 .508 .548 .585 .458 ~T FOR CITY COUNCIL AGEND~ Agenda Date Requested: December 10, 1990 Requested By: Chief B.L. Powell Department: Police x Report Resolution Ordinance Exhibits: 1) Memo: Purchasing Agent Bids SUMMARY & RECOMMENDATION Sealed bid #0415 for a Police vehicle was opened at City Hall, November 19, 1990. Bid requests were mailed to four Rental Car Companies with only one responding. The city's criminal Investigations Division has had good success in purchasing rental vehicles for its under cover work. Please recall the decision to purchase rental vehicles is one of design and not one for budgetary reasons. Hertz responded with nine different vehicles, none of which met specifications. We went back to Hertz today and found a vehicle meeting specifications, a Ford T-Bird with 21,325 miles, at the price budgeted of $11,000. This vehicle will replace unit #56-04, a 1980 Chevrolet. Action Required by Council: Approval of the purchase of vehicle specified. 1990 T-Bird in the amount of $11,000. Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing X Other Account Number: 009502506851 Funds Available: ~ YES NO Approved for city Council Agenda G?~ \' ~ Robert T. Herrera city Manager \~-q-C\D DATE 4' e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM NOVEMBER 21, 1990 SUBJECT: Lt. Bobby Powell, Acting Police Chief Louis Rigby, Purchasing Manage~L, Sealed Bid #0415 - Used Rental vehicAe TO: FROM: Advertised, sealed bids #0415 for a used rental vehicle were opened and read on November 19, 1990. Bid requests were mailed to four dealers with only one returning a bid. A copy of the bid is attached for your review. Please submit your recommendation with an agenda request form by the prescribed time before the next regular council meeting. If there is a need to delay bringing this bid before council, please notify me. LR/gr Attachment: Bid e e aID ?ROPOSAL TO CIn OF LA PORTE, TEXAS to: HONORABLE MAYOR. AND COUNCIL CIn OF LA. PORTE LA ?OR.n:, n::us FROM: eoMP AlfY Hert z 5050 Wright Bros RdADDWS eIn S!A'!E P.O. Box 60447 Houston Texas 77?flt; ?HOm: ( 7 11 2 3 0 - 3 6 3 0 !~ NO. or UNIT TOTAl ~O. DESCU?TION UNITS PUC! PRICZ 1. USED RENTAL VEHICLE 1 1990 4dr 6cyl aids Cutlass Supreme 1 $ 10,800 $ 10,800 1990 4dr 6cyl Olds Cutlass Ciarra 1 $ 10,500 $ 10,500 1990 4dr 4cyl Chev. Corsica 1 $ 8,300 $ 8,300 1990 4dr 8cyl Ford Crown Victoria 1 $ 14,000 $ 14,000 1990 4dr 6cyl Ford Taurus 1 $ 10,800 $ 10,800 1990 4dr 6cyl Mercury Sable 1 $ 11,100 $ 11,100 1990 4dr 4cyl Ford Tempo 1 $ 8,300 $ 8,300 1990 4dr 4cyl Mercury To pa z 1 $ 8,500 $ 8,500 1990 4dr 4cyl Ford Escort 1 $ 7,800 $ 7,800 tl f ~O 1\'\ eft . IT IS tnmQSTOOD AND AGRUJ) nL\I' tHE ABOVE DESCUJED ITEM. KAm~.lT. .um/OR. EQUI?MEn" SHALL c.wtY mE S't.UmARD YAllWn' or In !WmYACr1JU1l AND B& DEL~ ON s~n: IN' ACCORDANCE YITll DE AttACRED SPECIFICAnONS IN 10 .DAYS PO~ tHE SUM OF (see Above) DOLURS. na: ONDElSIG3ED CD.nFn:S tB..\r 1'Bl: BID PUCE COtrrAIHED Dr mE POI!CODrG PROPOSAL lIAS IEDr C.uuuu:r CBl~ AND IS StJBKITnJ) Dr DUPLICATE AS COUECr Am) rnw. mIS 12 DAY' OF November, 19 9q - ~~~ .~ ~, OFFICE..' e e NOTICE TO BIDDERS SEALED BIDS ADDRESSED TO THE CITY SECRETARY OF THE CITY OF LA PORTE, HARRIS COUNTY, TX, AND MARKED" SEALED BID #0415 " WILL BE RECEIVED AT THE CITY HALL, P. o. BOX 1115, 604 W FAIRMONT PARKWAY, LA PORTE, TEXAS, 77571, UNTIL 4:00 P.M. NOVEMBER 19, 1990 FOR THE FURNISHING OF USED RENTAL VEHICLE THE BIDS WILL BE OPENED AND PUBLICLY READ IN THE COUNCIL CHAMBERS IMMEDIATELY AFTER THE CLOSING HOUR FOR THE BIDS ON SAID DATE. EACH PROPOSAL MUST BE SUBMITTED IN DUPLICATE. FORMS FURNISHED BY THE CITY OF LA PORTE MAY BE OBTAINED WITHOUT DEPOSIT FROM THE CITY SECRETARY, OF THE CITY OF LA PORTE, TEXAS. THE CITY RESERVES THE RIGHT TO REJECT ANY AND/OR ALL BIDS, TO WAIVE ANY AND ALL TECHNICALITIES AND TO ACCEPT ANY BID OR PART THEREOF, WHICH IN THE OPINION OF THE CITY COUNCIL, IS MOST ADVANTAGEOUS TO THE CITY. CITY OF LA PORTE CHERIE BLACK - CITY SECRETARY e e CITY OF LA PORTE The foregoing prices shall include all labor, materials, equipment, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The bidder agrees that this bid shall be good and may not be wi thdrawn for a period of 30 calendar days after the scheduled closing time for receiving bids. Upon receipt of written notice of the acceptance of this bid, bidder will execute a formal contract within ten (10) days. Respectfully submitted: By: M~ T~~~ B!!::i ~ .5"05'0 cJR-t lY- k r ,&2os - . /lvus -'-;-,J /Tl, 7703 L- Address << Zip Code (SEAL - if bid is by a Corporation) lll1d!B Car sales Fred Benham Southwest Region Group Sales Manager The Hertz Corporation 5050 Wright Bros. Rd. p, O. Box 60441 Houston, TX 11205 Telephone: (113) 230-3630 - e e INFORMATION FOR BIDDERS 1. RECEIPT AND OPENING OF BIDS The City of La Porte (hereinafter called the "Owner"), invites bids on the form attached hereto, all blanks of which must be appropriately filled in. Bids will be received by the Owner, at the office of City Secretary. Bids will be publicly opened and read aloud in the Council Chambers. The envelopes containing the bids must be sealed, addressed to: Ci ty Secretary, POB 1115, La Porte, TX 77571 (physical address: 604 W Fairmont Parkway), and designated with bid number. The Owner may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any 'informalities or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specif ied shall not be considered. No bidder may withdraw a bid within thirty (30) days after the actual date of the opening thereof. 2. PREPARATION OF BID Each bid must be submitted on the prescribed form. All blank spaces for bid prices must be filled in, in ink or typewritten, in both words and figures, and must be fully completed and executed when submitted. Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form. 3 . SOBCONTRACTS The bidder is specifically advised that any person, firm, or other party to whom it is proposed to award a subcontract under this contract must be acceptable to the Owner. 4. TELEGRAPHIC MODIFICATIONS Any bidder may modify his bid by telegraphic communication at any time prior to the scheduled closing time for receipt of bids, provided such e e Information for Bidders Page 2 4. TELEGRAPHIC MODIFICATIONS cont'd telegraphic communication is received by the Owner prior to the closing time, and provided further, the Owner is satisfied that a written confirmation of the telegraphic modification over the signature of the bidder was mailed prior to the closing time. The telegraphic communication should not reveal the bid price, but should provide the addition or subtraction or other modification so that the final prices or terms will not be known by the Owner until the sealed bid is opened. If written confirmation is not received wi thin two (2) days from the closing time, no consideration will be given to the telegraphic modification. 5. METHOD OF BIDDING The Owner invites the following bid: Lump Sum Unit Prices 6. QUALIFICATIONS OF BIDDER The Owner may make such investigations as he deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Condi tional bids will not be accepted. 7. CONDITIONS OF WORK Each bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his contract. Insofar, as possible contractor, in carrying out his work, must employ such methods or means as will not cause any interruptions of or interference with the work of any other contractor. e e Information for Bidders Page 3 8. ADDENDA AND INTERPRETATIONS No interpretation of the meaning of the plans, specifications or other prebid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to the City Secretary, POB 1115, La -Porte, TX 77571, and be given consideration to be received at least five (5) days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions, will be in the form of written addenda to the specifications which, if issued, will be mailed by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes) not later than three (3) days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the contract documents. 9. LAWS AND REGULATIONS The bidder1s attention is directed to the fact that all applicable state laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full. 10. METHOD OF AWARD - LOWEST QUALIFIED BIDDER If at the time this contract is to be awarded, the lowest base bid submitted by a responsible bidder does not exceed the amount of funds then estimated by the Owner as available to finance the contract, the contract will be awarded on the base bid only. If such bid exceeds such amount, the Owner may reject all bids or may award the contract on the base bid combined with such deductible alternates applied in numerical order in which they are listed in the Form of Bid, as produces a net amount which is within the available funds. I, e e Information for Bidders Page 4 11. OBLIGATION OF BIDDER At the time of the opening of bids, each bidder will be presumed to be thoroughly familiar with the plans and contract documents (including all addenda). The failure or omission of any bidder to examine any form, instrument, or document shall in no way relieve any bidder from any obligation in respect of his bid. 12. SAFETY STANDARDS AND ACCIDENT PREVENTION With respect to all work performed under this contract, the Contractor shall: (1) Comply with the safety standards provisions of applicable laws, building and construction codes and the "Manual of Accident Prevention in Construction" published by the Associated General Contractors of America, and the requirements of the Occupational Safety and Health Act of 1970 (Public Law 91-596) (2) Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees) and property. 13. SUPPLEMENTAL INFORMATION A. All prices to be F.O.B., City of La Porte, 2963 N. 23rd Street, La Porte, TX 77571. B. Use of brand names in and not restrictive, will be considered. fications must be so specifications is descriptive and any product of equal quality All exceptions to the speci- stated on the bid. " , e e USED RENTAL VEHICLE TWO DOOR SEDAN VEHICLE 1. Maximum of one year old, ie: 1990 Model 2. N.A.D.A. Intermediate or Full-size class 3. Mileage (not to exceed 30,000 miles) 4. Engine--Va 5. Steering--power 6. Brakes--Power 7. Air Conditioning--Factory Installed Only 8. Transmission--Automatic w! overdrive 9. Radio--AM-FM 10. Outside Mirror--Two, one each side 11. Glass--Tinted (l.l~k'K~~~~~I'~x~~h~m) 12. Tires--Radial, blackwall preferred 13. Spare--Full size preferred 14. Jack and Lug Wrench--Mandatory 15. Drive-train--Real wheel drive 16. Wheels--Styled steel or aluminum preferred over wheelcovers, but full wheel- covers mandated x x x x x x x x x x x x x x x x VEHICLE TO BE IN VERY GOOD CONDITION--MECHANICALLY, INTERIOR AND EXTERIOR. COPY OF ALL MAINTENANCE RECORDS, INCLUDING ACCIDENT REPAIRS, IF ANY, TO BE INCLUDED WITH VEHICLE. Other options preferred but not mandatory: 1. Tilt steering wheel 2. Cloth seat facing material 3. Owners operating and service manual 4. List Other Factory Installed Options: ~T FOR CITY COUNCIL AGENDA ITEM ~======================-==========================~====================== Agenda Date Requested: December 10, 1990 Requested By: Mayor Malone Department: City Council X Resolution Ordinance Report Exhibits: from County Appraisal Letter Board of Directors Harris District -------------------------------------------------------------------------- -------------------------------------------------------------------------- SUMMARY , RECOMMENDATION The board of directors of the Harris County Appraisal District is responsible for the appointment of individuals to serve on the appraisal board. Their board would appreciate any recommendations our City Council may suggest. Action Required by council: Recommendations of person to serve on the appraisal review board. --------------------------------------------------------------------------- --------------------------------------------------------------------------- Availability of Funds: General Fund water/Wastewater capital Improvement General Revenue Sharing X other (None required) Account Number: Funds Available: YES NO --------------------------------------------------------------------------- --------------------------------------------------------------------------- Approved for City council Aqenda G<~ 1~ ~ Robert T. Herrera City Manager I 'l.- 4. -~ DATE --------------------------------------------------------------------------- --------------------------------------------------------------------------- " e e Harris County Appraisal District BOARD OF DIRECTORS RECEtV'ED ~\\"\\\,\"'IIIIII"""",,,,1. "~"'.'\'( APPR41.ft '~~ IS~~ u:. ~+. ~v -r( ~ <Ii Cj W ~\ i~ ~ .. ~\ a.. :11% ac _= i~ \"" .a. ~~ \. s J ,~ I ",+,4',1, .. * if '!\\\"'~~ 'I"'"'''''''III'''''''''\\\: n <1 (' (' II 2800 North Loop West d ~.O:'8ox 920975, Houston, Texas 77292-0975 Telephone 713-683-9200 November 28, 1990 The Honorable Norman L. Malone Mayor, City of La Porte P.O.Box1115 La Porte, TX 77572-1115 Dear Mayor Malone: The board of directors of the Harris County Appraisal District is responsible for the appointment of individuals to serve on the appraisal review board. Sec. 6.41, Texas Tax Code, authorizes an appraisal district with a population of at least 1.5 million to increase the size of its ARB to include up to 45 regular members. The section further requires that staggered terms must be created so that, in this district with 45 members, 22 positions are to be filled by appointment or reappointment in 1991. Our board of directors would appreciate any recommendations you may have regarding individuals potentially interested in serving on the appraisal review board. We would prefer candidates with some knowledge of property valuation and real estate, or some previous review board or board of equalization experience. Other recommended candidates will be considered, of course. Perhaps the most important qualification for any review board member is an attitude of fairness and his or her willingness to devote sufficient time to the responsibilities. There will be several organizational meetings, a lengthy orientation, and hearings that could take several months of full-time participation. Members are entitled to per diem as set by the appraisal district budget. Currently, the maximum per diem is $150. Requirements for serving on the board include being a current resident of the district and having resided in the district for at least two years. Officers or employees of a taxing unit, the appraisal district, or the State Property Tax Board are not eligible to serve. Also ineligible are persons who have served all or part of three previous ARB terms. Sec. 6.412, Tax Code, prohibits an ARB member from serving if related to a person who operates for compensation as a tax agent operating in the appraisal district, or an appraiser operating in or employed by the appraisal district. Relatives included are those within the second degree by consanguinity (blood) or affinity (marriage). These persons include: Spouse, children, brothers and sisters, parents, grandparents, grandchildren, aunts and uncles, and brothers-in-law and sisters-in-law. The spouse's relatives in the same degree are included. e e ARB Recommendations November 28, 1990 Page 2 See. 6.413, Tax Code, prohibits a person who contracts with the appraisal district for any purpose from serving on the ARB, as well as a person who contracts on a tax- related matter with a taxing unit served by the appraisal district. A person who has a substantial interest in a business that has either type of contract is also barred. Substantial interest is defined as either: (1) Combined ownership by the person and his spouse of at least 10 percent of the voting stock or shares of the business, or (2) service by the individual or a spouse as a partner, limited partner, or officer in the business entity. Sec. 6.413 also bars the appraisal district from entering into a contract with a current ARB member or with a business entity in which the member has a substantial interest. Additionally, taxing units are barred from making a tax-related contract with a member of the ARB or a business entity in which the member has a substantial interest. Please consult members of your governing body and administrative staff and if you have recommendations please submit them to Board of Directors, Harris County Appraisal District, Attn: Margie Hilliard, P. O. Box 920975, Houston, Texas 77292- 0975. If available, attach a resume for each individual. In order that we may review all candidates, please submit your recommendations by January 11, 1991. Recommendations received after that date will not be considered for the initial appointments. Thank you for your assistance in this important responsibility. If you have questions, please contact Jim Robinson, chief appraiser, at 957-5291. Sincerely, ~~,~ George N. Wyche Chairman, Board of Directors c: Marilyn Travis e e NOTICE OF SPECIAL MEETING HARRIS COUNTY APPRAISAL DISTRICT THE STATE OF TEXAS COUNTY OF HARRIS NOTICE is hereby given of a special meeting of the Board of Directors of the Harris County Appraisal District, Harris County, State of Texas, to begin Wednesday, December 5, 1990, at 1 :30 o'clock p.m, at 2800 North Loop West, 8th floor, Houston, Texas, for considering and acting on the following is completed. 1. Call to order. 2. Roll call. 3. Review issues related to retirement and act on resolutions formalizing district participation in the Texas County & District Retirement System. 4. Executive Session to discuss the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of an officer or employee of the district under Section 2(g) of Article 6252-17, and to discuss possible lease of real property, as authorized by Section 2(f) of Article 6252-17, Tex. Rev. Civ. Stat. 5. Adjournment. WITNESS MY HAND AND OFFICIAL SEAL OF THE DISTRICT, this the 28th day of November, 1990. ,0 bZ ' ~- ~ Lee Tipton, Se retary e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM DECEMBER 5, 1990 TO: FROM: SUBJECT: Mayor and City Council Robert T. Herrera, City Manage~1\\~ Administrative Floating Holiday During our summer budget workshop, Council directed staff to look into the concept of offering a floating holiday that could be interchanged with Martin Luther King Day. The best hol iday which met with the recommendation of a floating holiday was Presidents' Day. In several discussions with managers.of the City, staff drew the conclusion that due to the size of our work force and the services we provide, a floating holiday would cause operational as well as organizational conflicts. Therefore, I have asked all City employees to vote for their preferred date and agreed that the voice of democracy would enact this years holiday between Martin Luther King Day or Presidents' Day. I hope Council understands that this task is more complex than we all anticipated and if pursued would cost additional tax dollars. It is my recommendation that we honor the results of this year's ballot (Presidents' Day). Should Council wi sh to pursue observi ng Martin Luther Ki ng Day, I recommend that Counci 1 establish a policy rotating Martin Luther King Day and Presidents' Day yearly. A total of 296 ballots were distributed with payroll checks on November 30, 1990. 185 were returned with the following breakdown: 149 For Presidents' Day 36 For Martin Luther King Day If additional details are needed, please advise. RTH/ms e e RECFiVED CITY OF LA PORTE 'OCT 9 \qQf: INTER OFFICE MEMORANDUM October 8, 1990 clrt' :v:.:',:'~,~GERS OFFICE _:r.'....-:-.- FROM: ROb~~~~era, city st;':i~tt, Director Manager TO: of Public Works SUBJECT: Floating Holiday The Public Works employees a choice Luther King Day. holidays will have Department has reviewed the proposal to of holidays between Presidents' Day and Allowing employees to choose between the following consequences. grant Martin these 1. The Department will have to be open on both holidays in order to accommodate employees, as well as citizen requests. Because employees may prefer one holiday over another, it might require employees to be paid overtime in order to adequately staff, which could cause dissent. 2. Solid Waste employees will have to work This will require overtime, and could cause the effect of mandatory attendance, with the employees will have to work on both days. both holidays. dissent due to net result that I realize the City is attempting to be accommodating with the proposed policy. However, it would be preferred that the City establish Martin Luther King Day as the official holiday, and eliminate Presidents' Day. e e I N'J.'J::!.,;.ROFFI CE l'1EMORANDUM FROM: BOBBY L. POWELL, ACTING CHIEF OF POLICE J;/ TO: MR. ROBERT T. HERRERA, CITY MANAGER SUBJECT: SUGGESTION FOR MARTIN LUTHER KING HOLIDAY DATE: OCTOBER 4, 1990 I propose that employees select Martin Luther King Day, January 21, 1991 or President's Day, February 18, 1991, as one of their designated holidays. A floating holiday otherwise will cause operational and organizational conflicts for our department. RECEIVED AlfC 3 1990 {; Ii -Ci ,'f MAN^G.ERS .oFFICE '..o- iIY { ~ , \ /' \,:\. Ivo ~y C\O 'lD /c., / ~l 01 ~UJ tit CITY OF LA PORTE FIRE DEPARTMENT INTER-OFFICE MEMORANDUM . ., , =0~-' t \ -: ',I \ , \ ." '. -- TO: ROBERT T, HERRERA, CITY I~ANAGER '1} -.J~ FRO !'1 : JOE S E ,ll, S E, FIR E CHI E F t9' J'- OCTOBER 30, 1990 ~r- -:- - F ' ~ - -" . DATE: , i1 ~. v I \... _......-r~.... SUBJECT: HOLIDAYS This is in response to ~he discussions a~ Executive Staff meetings concerning "Floating Holidays". We feel that allowing ~he individual employee to choose between President's Day and Martin Luther King's Birthday, each year, could impact the level of service for the City of La Porte. If half the employees chose one day and all the supervisor's chose the other day, it would severely weaken the work force. Also, there stands a chance that by allowing shift personnel to choose holidays each year, they could work it so they would work on holidays to get more overtime. This increase was not budgeted for in our budget. We feel we should prepare a simple ballot to allOW the employees to select which of the two days the City will observe. As an example, the La Porte School District observes Martin Luther King's Birthday, and we observe President's Day. Those employees with school age children would probably like to be off the same time as their children. The ballots could be sent out in the pay checks, and returned the following week to their supervisors. This will allow the majority to decide. e e OCTOBER 19, 1990 RECEIVED OCT 1 9 1990 1, CITY iJ" , "."NAGERS "-" OFFICE' ----......... -.... .-.....-.. Jf; i\~ ;/ V '( '\. <J CITY OF LA PORTE INTER-OFFICE MEMORANDUM TO: FROM: SUBJECT: Robert T. Herrera, City Manager ' ~ l' Joel H. Albrecht, Director of Community Development, : .,/ ,) -" u Martin Luther King Day ;J Last month you asked for staffs comments relating to giving the employees the option of taking a floating holiday on All President's Day or Martin Luther King Day. I discussed your question with my division heads and we are in unanimous agreement. We recommend that we only celebrate All President's Day or if we must have Martin Luther King Day, we should have both as a holiday. Our reasoning is based on the fact that all Community Development personnel would want to choose All President's Day as their choice, but since the City would be operating on both days, we would need to deny some of the requests for All President's Day and force Martin Luther King Day upon them. Some office personnel would need to be here on both days. Again, we recommend no change as our first choice, or both days as our second choice. JHAjneb