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HomeMy WebLinkAbout1991-06-10 Regular MeetingMINUTES OF THE REGULAR MEETING OF THE LA PORTE CITY COUNCIL JUNE 10, 1991 1. The meeting was called to order by Mayor Malone at 6:00 P.M. Members of City Council Present: Mayor Norman Malone, Councilpersons Guy Sutherland, Mike Cooper, Bob Thrower, Bob McLaughlin, Alton Porter, Deotis Gay, B. Don Skelton, Jerry Clarke Members of City Council Absent: None Members of City Staff Present: City Manager Bob Herrera, City Attorney Knox Askins, City Secretary Cherie Black, Assistant City Manager John Joerns, Director of Community Development Joel Albrecht, Director of Finance Jeff Litchfield, Police Chief Bobby Powell, Director of Public Works Steve Gillett, Fire Chief Joe Sease, City Engineer Bill Manning Others Present: Representatives from Arkla Exploration; representatives from Dana Transport; five citizens 2. The invocation was given by Councilperson McLaughlin. 3. Council considered approving the minutes of the special called meeting held May 14, 1991. Motion was made by Councilperson Clarke to approve the May 14 minutes as presented. Second by Councilperson McLaughlin. The motion carried, 8 ayes and 0 nays (Councilperson Gay was away from the table). Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Skelton, Clarke and Mayor Malone Nays: None 4. Council considered approving the minutes of the called regular meeting held May 20, 1991. Motion was made by Councilperson Sutherland to approve the May 20 minutes as presented. Second by Councilperson Clarke. The motion carried, 8 ayes and 0 nays (Councilperson Gay was away from the table). Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Skelton, Clarke and Mayor Malone Nays: None 5. Council considered approving the minutes of the special called meeting held May 28, 1991. Minutes, Regular Meeting, La Porte City Council June 10, 1991, Page 2 Motion was made by Councilperson Skelton to approve the May 28 minutes as presented. Second by Councilperson McLaughlin. The motion carried, 8 ayes and 0 nays (Councilperson Gay was away from the table). Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Skelton, Clarke and :Mayor Malone Nays: None 6. There were no citizens wishing to address Council. 7. Council considered an ordinance granting an alcoholic beverage permit to Cowboys Restaurant. The City Attorney read: ORDINANCE 1000-BB - AN ORDINANCE AMENDING ORDINANCE NO. 1000 OF THE CITY OF LA PORTE, TEXAS, DESIGNATING THE AREAS WHERE BEER FOR CONSUMPTION ON PREMISES MAY BE SOLD AND PROHIBITING THE SALE ELSEWHERE; PROVIDING FOR HOURS OF OPENING AND CLOSING; DEFINING SOURCE OF AUTHORITY; PROVIDING A SAVINGS CLAUSE; PROVIDING THAT NO LICENSE SHALL BE ISSUED EXCEPT FOR THE AREAS HEREIN DESIGNATED; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Thrower to adopt Ordinance 1000-BB as read by the City Attorney. Second by Councilperson Clarke. The motion carried, 8 ayes, 0 nays, 1 abstain. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Clarke and Mayor Malone Nays: None Abstain: Councilperson Skelton S. Council considered an ordinance approving drilling application of Arkla Exploration Company for Lomax gas unit 12, well #1; and item 9. Consider an ordinance approving drilling application of Arkla Exploration Company for Lomax gas unit 13, well 11. The City Attorney read: ORDINANCE 1659-D AND ORDINANCE 1659-E - 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 15,500 FOOT WELL; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Minutes, Regular Meeting, La Porte City Council June 10, 1991, Page 3 Motion was made by Councilperson Skelton to adopt Ordinances 1659-D and 1659-E as read by the City Attorney. Second by Councilperson Gay. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, ,McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None At this point, Council retired into executive session at 7:05 P.M. under Article 6252-17, Section 2(E) to discuss Dana Transport Contractual Matter with the City Attorney. Council returned to the Council table at 7:35 P.M. and addressed item 15. 15. Council received a report from the City Manager on water and sewer service to properties in Battleground Industrial District, and considered authorizing the City Manager to give letter of intent to Dana Transport for water and sewer service and Industrial District contract. After the report was given, motion was made by Councilperson Gay to approve authorizing the City Manager to present Dana Transport a letter of intent to supply water and sewer services and to formulate an industrial district contract. Second by Councilperson McLaughlin. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 16. Council considered approving an interlocal agreement with the City of Baytown and the City of Seabrook for purchase of malathion. Motion was made by Councilperson Cooper to approve entering into an interlocal agreement with Baytown and Seabrook for the Purchase of malathion. Second by Councilperson Sutherland. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None Minutes, Regular Meeting, La Porte City Council June 10, 1991, Page 4 17. Administrative Reports A. Steve Gillett reported to Council a proposed change in the heavy trash cycle pickup schedule as a result of recycling. This would only take away two days per year for each zone. B. Mr. Herrera announced a meeting to be held at the Kyle Chapman office of Commissioner Jim Fonteno on June 11. This is to discuss the possible realigning of County Commissioners precinct lines. C. A report was given on the status of Spencer Highway improvements/PASS program. 18. Councilpersons Cooper, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone brought items to Council's attention. 19. Council adjourned into executive session at 7:38 P.M. to address the following items: (A) Receive report from City Manager regarding hotel; (B) Discuss possible land acquisition for park purposes; (C) Discuss appointments to various Boards and Commissions. Council returned to the table at 9:28 P.M., having taken no action during the executive session, and addressed the following agenda items. 10. Council considered an ordinance appointing a Mayor Pro Tem. Motion was made by Councilperson Clarke to appoint Bob McLaughlin as Mayor Pro Tem and adopt Ordinance 1758 as presented. Second by Councilperson Skelton. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 11. Council considered an ordinance appointing members to the La Porte Planning and Zoning Commission. presented. Second by Councilperson Thrower. The motion carried, 9 ayes and 0 nays. Minutes, Regular Meeting, La Porte City Council June 10, 1991, Page 5 Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 12. Council considered an ordinance appointing members to the La Porte Zoning Board of Adjustment. Motion was made by Councilperson Skelton to table this Ordinance until the next Council meeting. Second by Councilperson Gay. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 13. Council considered an ordinance appointing members to the Fire Code Review Committee. Motion was made by Councilperson Clarke to table this Ordinance until the next Council Meeting. Second by Councilperson McLaughlin. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 14. Council considered an ordinance appointing members to the La Porte Airport Advisory Board. Motion was made by Councilperson Skelton to appoint Cliff Hyde to position 1: Larry Tucker to position 2: Deborah Rihn to position 3: and John Ladd to Position 6 on the Airuort Advisory Board and adopt Ordinance 1762. Second by Councilperson Cooper. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 20. There being no further business to come before the Council, the meeting was duly adjourned at 9:34 P.M. • Minutes, Regular Meeting, La Porte City Council June 10, 1991, Page 6 Respectfully submitted: yat;z--"Zl� Cherie Black, City Secretary Passed & Approved this the 24th day of June, 1991 Bob McLaughlin, Mayor Pro Tem ORDINANCE NO. 1000-BB AN ORDINANCE AMENDING ORDINANCE NO. 1000 OF THE CITY OF LA PORTE, TEXAS, DESIGNATING THE AREAS WHERE BEER FOR CONSUMPTION ON PREMISES MAY BE SOLD AND PROHIBITING THE SALE ELSEWHERE; PROVIDING FOR HOURS OF OPENING AND CLOSING; DEFINING SOURCE OF AUTHORITY; PROVIDING A SAVINGS CLAUSE; PROVIDING THAT NO LICENSE SHALL BE ISSUED EXCEPT FOR THE AREAS HEREIN DESIGNATED; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City of La Porte desires to regulate the sale of beer and prescribe the hours when it may be sold, for consumption on premises in accord with provisions of Texas Codes Annotated, Alcoholic Beverage Code, Chapter 105, Section 105.05 and Section 105.06;.and in accord with the provisions of Texas Codes Annotated, Alcoholic Beverage Code, Chapter 109, Subchapter C, Section 109.31 et seq; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. DEFINITIONS: Restaurant: A building or portion of a building, not operated as a dining room in connection with a hotel or boarding hotel, where the primary business is the on -premises sale of prepared food, with adequate kitchen facilities for the preparation of the food to be sold, the adequacy of said kitchen facilities to be based upon the seating capacity of the restaurant ana the type of menu offered, and where alcoholic beverages may be sold under the following conditions: (1) At least sixty-five percent (65%) of the gross income shall be derived from the sale of prepared food. (2) Any outside entrances, outside separate identification, outside signs or other advertising shall not use any of the words "bar," "tavern," "lounge," "ice house," or "beer," or any word of like import, to identify the business. (3) Beer shall be served as a beverage only in connection with the service of prepared food to a customer. (4) Whenever the building official on the basis of a sworn complaint .from any credible person determines that* a violation of this section exists, he may require any person serving alcoholic beverages as an incidental use to provide the City, within thirty (30) days of notification, a verified audit for each of the preceding four (4) calendar quarters, showing the gross income derived from the sale of alcoholic beverages and the gross income derived from the sale of food. Such verified audit shall be supported by copies of licensee's invoices and cancelled checks to substantiate its beer and food purchases. No more than two (2) audits per year shall be required. Section 2. In addition to the locations specified in Section 1 of Ordinance No. 1000 of the City of La Porte, passed and approved by the City Commission of the City of La Porte on August 19, 1974, 0 ORDINANCE NO. 1000-BB PAGE 2 the sale of beer and wine shall also be permitted during the hours set by the general laws of the State of Texas, consistent with Texas Codes Annotated, Alcoholic Beverage Code, Chapter 105, Sections 105.05 and 105.06, at the following location by a retailer selling beer and wine for consumption on premises, to -wit: STREET ADDRESS OF PROPERTY: 110 North Broadway, La Porte, Harris County, Texas 77571 LEGAL DESCRIPTION OF PROPERTY: .516 acre tract out of the northerly part of Block One Hundred Eighty-one (181), Town of La Porte, Harris County, Texas NAME OF APPLICANT: Kenneth Wayne Pierce ADDRESS OF APPLICANT: 5703 Sycamore, Pasadena, Harris County, Texas 77503 TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Cowboys Restaurant Section 3. Except and to the extent amended hereby, Ordinance No. 1000 shall remain in full force and effect. Section 4. This ordinance shall constitute a permit for the operation of a restaurant, as above defined, at the above location, which permit shall be personal to the applicant, and non -transfer- able, and shall be further conditioned that the permittee shall comply with the provisions of the Texas Alcoholic Beverage Code, and all other applicable federal, state, and local laws and ordinances, including other provisions of this ordinance. Section 5. It is expressly provided that this ordinance is not an attempt to create a zoning district or comprehensive zoning as authorized by Vernon's Texas Codes Annotated, Local Government Code, State of Texas, but rather is to designate that area wherein beer for consumption on premises may be sold in accordance with the Authority granted by the Texas Codes Annotated, Alcoholic Beverage Code, State of Texas. Section 6. Hereafter no license for the sale of beer .for consumption on premises where sold shall be issued or approved, save and except the areas designated in Ordinance No. 1000 of the City of La Porte, Harris County, Texas, and amendments thereto. Section 7. All rights or remedies of the City of La Porte, Texas, are expressly saved as to any and all violations of Ordinance ORDINANCE NO. 1000-BB PAGE 3 No. 1000'or any amendments thereto, or any other ordinance, statute, or code, that permits and regulates the subject- matter of this Ordinance, that have accrued at the time of the effective date of this Ordinance; and as to such accrued violation, any court shall have all the powers that existed prior to the effective date of this Ordinance. Section 8. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this Ordinance. Section_9. 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 10. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this loth day of June, 1991. CITY OF LA PORTE BY Norman L. Malone, Mayor ATTEST: Cherie Black, City Secretary APP VED: Knox W. Askins, City Attorney LJ d Is this corporation chartered under rand in oompliM66 u�htt all the ft. Is at least 51% of the stock 'issued in 7(c)'owned by persons w least 3 years immediately preceding the filing of this application? f. Is at least 51 % of the stock. issued in 7(cl owned by parson, defined by the Texas Alcohopc Beverage Code? �8. Is each parson named in question fi or 71, above the ago of a n f3everage Code? 9. Has each person named in questior! t or 7h been a re ald immediately preceding the filing of this applimVen? Ina I1as any person named In,question 6, 7b or is cr his or her sF finally convicted of a felony,or, any`.of the folfoWina offdnses (s) prostitution (f) "any offense Involving4 (t;) bookmaking Texas Controlled Subi (c) gambling or gaming (g) any offense involving'f t (d) Uootlegging (h) more than three viulal (e) vagrancy offense involving Code relating'to minor, moral turpitude (i) violations of the Texas cancoliation of a Ucensi h. Within the last three 'years has any parson parried in 6, 7b'rC sentence, parole orprobvtion as a result of a fielonr prosecutli roamed in question 10 (a),ab!Ne? it answers to questions 10(a) or 10(b) are in the affirmative, groe;I attached hereto and for each offense give the type of offen: sentence, parole, or probation served, nr combination thereof. i 1. Fas any person named in 6, 7b or 7c been convicted of a felony'? If so, attach additional page reliving complete information concern 12. Has any person named in'6, 7b yr 7c been convicted .pf any municipal ordnance';involving violatiiii ions of an'.lndividuah ci 1 f IF ANY QUESTION BELOW IS ANSWERED'YES,' ATTACH ADDITIONAL PAGE GIVING COMPLETE INFORMATION CGNC:EANING THE QUESTION. 24 Does the applicant have the followin'� at his rernises !, il IF � YE$ . I, 1 (b) running wa#er I '1' f: I I �:, I , .i,lt!l, I�,I , jl r,Q„„�/ :y'f��t'T(r�ah� .h!'*T Y .r r. ' "I . .:.�...: i II ..1 Oil: F!�Ii (IMPQRTANT�-lf! answ �r,� a :,af e, uestican is ly11 ih 'r'r�l Fd ,1 !I '� .; � wl rr et, I iR 1g14 1 tN "! Nnl.!ifl.�t�"� 1 eYnlanai�nn?II:Ir:nui!,.I i.lrtl J JIr a�uu Ih�.ttf.tt6 II �W aI:.:him : �i;'+a�lkhtiV �kaV r6,l��!a � w NOTE: If location is in a hotel, you must answer question ,29." Will your business be located within 300 feet of a church or pi Measurements are to' be made from front door to' property lip direct line across inteteectlgns" I ' t: iI ttl� Ir.i� f It .. z7. WEtI your bustrtipss be lRed�w�p fttlr�,ARi.o" •.1 .. F k I.n W" r dr 'II!H.rN L! W fl v Page 2 of 6 iF YOU ARE APPLYING FOR A WINE AND BEER RETAILER'S PERMIT, WINE AND BEER RETAILER'S OFF PREMISE I I.PERMIT, BEER RETAILER'S ON PREMISE LICENSE, OR BEER RETAILER'S OFF PREMISE LICENSE, THE FOLLOWING CERTIFICATIONS MUST BE COMPLETED BY THE APPROPRIATE OFFICIALS. IF YOU ARE APPLYING FOR A RETAIL DEALER'S LATE HOURS LICENSE OR A WINE AND BEER RETAILER'S PERMIT FOR REGULARLY SCHEDULED EXCURSION BOAT SEE PAGE 5 AND COMPLETE APPLICABLE SECTIONS. COMPTROLLER OF PUBLIC ACCOUNTS CERTIFICATE CERTIFICATE OF CrrY SECRETARY (If not in an incorporated city, so state) COUNTY CLERK'S CERTIFICATE COUNTY JUDGE'S ORDER Page 4 of 6 Form L-03.2 • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 6-10-91 Requested By: Joel Albrec epartment: Community Development Report Resolution 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 May 13, 1991, Arkla Exploration Company submitted an application to drill a gas well with a surface location in Outlot 465 and is located between North "H" and "L" Streets north of the La Porte Municipal Airport. 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 three affected property owners, (copies attached). Arkla will be drilling a directional hole a total distance of 1,692.8 feet to a proposed depth of 15,500 feet with an option to complete the well at a shallower depth of approximately 11,500 feet. Access to the site will be from Sens Road to North "H" Street. Action Required by Council: Approve the application for Lomax Gas Unit #2, Well #1 drilling permit for Arkla Exploration Company with a surface location on Outlot 465. Availability of Funds: Account No.: General Fund Water/Wastewater Capital Improvements General Revenue Other Sharing Funds Available: Yes No Approved for City Council Agenda CZ11� c. t Eil ct Robert T. Herrera Date City Manager I AMAWN AV ~��o�rrayv May 13, 1991 City of LaPorte 604 W. Fairmont Parkway LaPorte, Texas 77572 Attention: Mr. Joel Albrecht Director of Community Service Re: Lomax Gas Unit No. 2, Well No. 1; Clear Lake Prospect Harris County, Texas Gentlemen: Arkla Exploration Company (ARK) is proposing to drill the Lomax Gas Unit No. 2, Well No. 1 at a surface location 200' FNL and 363' FWL of outlot 465, Enoch Brinson Survey, A-5, Harris County, Texas, with the proposed bottom hole location being 440' FNL and 185' FEL of outlot 426, Enoch Brinson Survey, A-5, Harris County, Texas. Due to the presence of a mobile home park in outlot 426, ARK will be drilling a directional hole a total distance of 1,692.8' to a proposed depth of 15,500', with the option to complete the well at a shallower depth of approximately 11,5001. ARK chose outlot 465 as the surface location for several reasons. First, an aerial photo indicated there were only three (3) residences located within 750' of the proposed surface location which 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 465 as the surface location, ARK could gain access to the location by using Spencer Highway and North "H" Street. The alternative would have been North "L" Street, a more traveled thoroughfare used mainly for residential and school traffic. In compliance with ordinance 1659 dated January 8, 1990, enclosed find the following documents which are being submitted with ARK's application for a permit to drill the Lomax Gas Unit No. 2, Well No. 1 within the City of LaPorte, Texas: 1) Application dated May 6, 1991, for oil and Gas Well Drilling which has been executed by Arkla Exploration Company. 2) Check in the amount of $1,000.00 as a permit fee for drilling the Lomax Gas Unit No. 2, Well No. 1. 3) Plat of Area Around Arkla Exploration Company's Proposed Surface Location of the Lomax Gas Unit No. 2, Well No. 1, in 5100 WESTHEIMER, SUITE 400 • HOUSTON, TEXAS 77056-5507 • (713) 623-5000 Outlot Number 436, Enoch Brinson Survey, A-5, Harris County, Texas. With regard to Item 3 above, ARK is in the process of obtaining three (3) executed Agreements from all affected owners located within 750' of the surface location, as required under Section 16- 4(2) and will provide you with copies of same within the next several days. ARK has attempted in good faith to choose a surface location which will have a minimum impact on the citizens of LaPorte. 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, Guy F. Aldrich enclosures E CJ APPLICATION LOMAX GAS UNIT NO. 2, WELL NO. 1 DATE: May 6. 1991 OIL AND GAS WELL DRILLING NAME: Arkla Exploration Company ADDRESS: P. O. Box 21734 Shreveport LA 71151 PHONE NO. (318) 429-2700 APPLICATION FEES PAID $1,000.00 PROPOSED SITE: 1. FEE OWNER John M. Williamson and Wife Donna P. Williamson 2. ADDRESS 10827 North Avenue H LaPorte TX 77571 3. LEASE OWNER Arkla Exploration Company ADDRESS 5100 Westheimer, Suite 400 Houston Texas 77056-5507 4. LEGAL DESCRIPTION OF WELL SITE 2.5 acres of land, more or or less out of the Enoch Brinson Survey A-5 Harris County, Texas, and being the W/2 of the E/2 of Outlot 465 of the LaPorte Outlots, according to a plat recorded in Volume 61, Paste 374, of the Map Records of Harris County. Texas. 5. MAP ATTACHED Yes 6. TYPE OF DRILLING RIG SCR Rotary Rig 7. PROPOSED DEPTH 12,0001 - Lower Vicksburg formation: 15.500 Yegua formation It is understood and agreed that for any legal action or undertaking, venue for all suits shall lie in Harris Co my under any provisions of Ordinance No. 165 gional Landman Copy of Ordinance 1659 Received September 13 1990 0 N i P w / m P \\ 4s ham- 3m Ln f �j Q f- N P N ZL Z I D Q' Q7 O O N v cn Z W a = J N P 0 O N Lw r 0 IL J 6 1u17 Q J N P / N U \ g< / m to r �B' P rt =0 P . ; s,C 'a H G OVEN _a _ c�M y.X., VATK I NS Q = J S? �• 624.4' Q PERKINS ,..• I WILLIAMSIN ro _ • o• m r RAVSON Q In SERTRAM co P P oNN F Q n i LU Uj \ � N \ In P P n _ H I I m0: Z vu TP.W. o®� FLAT ff AREA AAOlNO ARIBA EXPLORATION arc BUSCH, fIUTCMSON & ASSOCIATES. INC. COMPANY'S P170POSE0 SURFACE LEGATION . nm� SCAM OF THE LOMAX GAS WIT 2. VELL NO. I. RLJ-LJR. I NCH • 200 FEET IN LA FORTE lKGT N0. i38. IN TIE ARCHITECTS ENGNEERS SLFtVEYORS wamm EM04 R RIS COUNTY. TEXAS A 5. T I ff 107 FLEETH000 OR. BAYTOWN. TEXAS 77520 MAY S. 1991 ._..-- I /!t// Aff =~,��o�rioiv April 28, 1991 City of LaPorte 604 West Fairmont Parkway LaPorte, Texas 77572 Attention: Mr. Joel Albrecht Director of Community Service RECEIVED -� -.3/- 9/ 7-z-6- COMM. DEV. Re: Lomax Gas Unit No. 2, Well No. 1 Lomax Gas Unit No. 3, Well No. 1 Clear Lake Prospect Harris County, Texas Gentlemen: Reference is hereby made to those two certain letters led at d cations May 13, 1991, in which Arkla Exploration Company for the drilling of the referenced wells within the City of LaPorte, Texas. Such letters stated ARK was in the process of obtaining executed agreements from all affected own rs located ofe within seven hundred fifty feet (750') Well tion of the applicable well as required under Section 16-4(2), Location, of City Ordnance No. 1659 dated January 8, 1990. Pursuant to the foregoing, enclosed for your files are the following documents which should be included with ARK's two applications for permits to drill the captioned wells: Lomax Gas Unit No. 2 Well No. 1 1) Agreement dated May 20,991c, executed by overing 5 acreshofMlandllmoreoor et ux, Donna P. Williamson less, being part of Outlot 465, Enoch Brinson Survey, A-5, Harris County, Texas. 2) Agreement dated May 20, 1991, executed by William J. Watkins, et ux, Loraine A. Watkins covering .5 acres of land, more or less, being part of Outlot 465 Enoch Brinson Survey, Harris County, Texas. 3) Agreement dated May 16, 1991, executed by Edgar Hinojosa, et ux, Teie L•rtn f Outlotcovering 466, Enoch Brinsonland, Survey, A-5r be less, being pa Harris County, Texas. 5100 WESTHEIMER, SUITE 400 • HOUSTON, TEXAS 77056-5507 • (713) 623-5000 Lomax Gas Unit No. 3 Well No. 1 1) Agreement dated May 14, 1991, executed by Glenn M. Parmer, a single man, covering 9.16 acres of land, more or less, being Outlots 903, 912 and 917, Enoch Brinson Survey, A-5, Harris County, Texas. 2) Agreement dated May 15, 1991, executed by Tommy L. Gardner, et Celia Gard covering Enoch Brinson 214 acres f Survey,ore A-5 o r less, be Harris being part of Outlot902 County, Texas. 3) Agreement dated May 9, 1991, executed by Donna S. Cole, et vir, Carl Cole, covering 1 acre of land, more or less, being part of Outlot 902, Enoch Brinson Survey, A-5, Harris County, Texas. With the inclusion of the above documents, ARK's two applications for drilling permits should now be complete. Therefore, please accept this written request to include Arkla Exploration Company's applications for drilling the referenced wells on the agenda for the City Council Meeting scheduled for June 10, 1991. Thank you for your continued assistance in these matters. If you should have any questions, please advise. Sincerely, Guy F. Aldrich enclosures 2 • • RECEIVED 5-3/-9/ Ae coMM. DEV. STATE OF TEXAS COUNTY OF HARRIS AGREEMENT KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, John M. Williamson, et ux, Donna P. Williamson, hereinafter referred to as "Lessors"., heretofore executed that certain instrument entitled "Oil, Gas and Mineral Lease", dated August 1, 1988, recorded under File Code Number 126-71-0748 of the Official Public Records of Real Property of Harris County, Texas, and covering the following land, to wit: 5.0 acres of land, more or less, described in TWO TRACTS as follows: TRACT ONE: 2.5 acres of land, more or less, being the East One -Half (E/2) of the West One -Half (W/2) of Outlot Four Hundred sixty five (465) out of the La Porte Outlot Subdivision, out of the Enoch Brinson Survey, Abstract Number Five (5), Harris County, Texas according to a Map or Plat recorded in Volume 61, Page 374 of the Deed Records of Harris County, Texas and being the same land described in that certain deed dated August 24, 1969 by and between Dean Miller et ux as Grantors and John Mannon Williamson et ux as Grantees as recorded in Harris County Clerk's File No. C991402 of the Deed Records of Harris County, Texas. TRACT TWO: 2.5 acres of land, more or less, being the West One -Half (W/2) of the East One -Half (E/2) of Outlot Four Hundred sixty five (465) out of the La Porte Outlot Subdivision, out of the Enoch Brinson Survey, Abstract Number Five (5), Harris County, Texas according to a Map or Plat recorded in Volume 61, Page 374 of the Deed Records of Harris County, Texas, and being the same land described in that certain Deed dated June 9, 1980 by and between Fred B. Shirah, Administrator of the Estate of Charlie C. Shirah, deceased as Grantor and John Mannon Williamson et us as Grantees as recorded in Harris County Clerk's File No. G607025 of the Deed Records of Harris County, Texas. WHEREAS, Paragraph 7 of the aforesaid Oil, Gas and Mineral Lease grants Doug Beveridge, his 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 Doug Beveridge, is desirous of drilling the Lomax Gas Unit No. 2, Well No. 1 at a surface location two hundred feet (2001) FNL and three hundred sixty-three feet (3631) FWL of Outlot 465, Enoch Brinson Survey, A-5, Harris County, Texas; and, WHEREAS, such location falls within five hundred ninety-two (592') of the residence located on the above described land, as further illustrated on that certain Plat of Area Around Arkla Exploration Company's Proposed Surface Location of the Lomax Gas Unit No. 2, 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. 2, Well No. 1 at the surface location heretofore described. IN WITNESS WHEREOF, this instrument is executed on the day of 1991. 7 / v ohn M. Williamson Ss#: YS a - 70 - QOS� SWORN TO AND SUBSCRIBED before me, 1990. My commis s expires: ;-01!yz ,1 Donna P. Williamson this .ZQ.-A day of !99CVjgz,AOA&� , Notary Public in and for the State of Texas. Notary's name (printed): Drake Davis b a i o A O s N 6 b­4 u 3 cc b - a 4J C7 a d O F4 A d a Z ca yA JJ W G! u p O I N u p O w ..� O ,.4 4.d r4 w d It 3 a cdz bti O li .0 Iv m u u u L M d d w a I F- En w N l zO I3- t0z Idd P ` 'O V N H v UJ Ld H- In 03 N Q J F— un N v O w O J Q a a J HAIRE uQ (D \ / f'7 v Q \ / z o \ F 0 \C) / N LJ W \.0 / Z` S �s Ln v _rr . In H G. OVEN __ VATKI 2 PERK I NS sBe� _1 624.4' SELT ►>' Y V I LLI AMSON V I LL cn �. RAVSON cr] v EDD BERTRAM \j^ v 0 \ N r n _ n H- W W cr H- En m 0 z r v BUSCH. HUTCHISON & ASSOCIATES. INC. TP.W. COMPANY'S AREA SURFACE E o LOCATION ON OIOH CHID I;rxE OF THE LOMAX GAS UN I T 2. WELL NO. 1. ARCHITECTS ENGINEERS SURVEYORS R _J-LJR I NCH - 200 FEET IN LA PORTE OU'rLOT NO. 436. IN THE ENOCH BRINSON SURVEY. A - S. GATE MAY 8. 09 APPFCV @ 107 FLEETW000 OR BAYTOWN. TEXAS 77520 HARR 1 S COUNTY. TEXAS � I ff I • RECEIVED COMM. DEV. AGREEMENT STATE OF TEXAS 1 KNOW ALL MEN BY THESE PRESENTS, THAT COUNTY OF HARRIS 1 WHEREAS, William J. Watkins, et ux, Loraine A. Watkins, hereinafter referred to as "Lessors", heretofore executed that certain instrument entitled "Oil, Gas and Mineral Lease", dated October 21, 1988, recorded under File Code Number 131-75-0488 of the Official Public Records of Real Property of Harris County, Texas, and covering the following land, to wit: .5000 acre of land, more or less, a part of Enoch Brinson Survey, A-5, Harris County, Texas, and being a part of Outlot 465 of the LaPorte Outlots according to plat recorded at Volume 61, Page 374 of the Deed Records, Harris County, Texas, and being more particularly described in deed dated August 5, 1980 from Howard Leon Peters, et ux to William James Watkins, et ux, filed under File No. G633034 and recorded under Film Code no. 163-98-2489 of the Official Public Records of Harris County, Texas. WHEREAS. Paragraph 7 of the aforesaid Oil, Gas and Mineral Lease grants Prigge, Tausend and Winne, 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 Prigge, Tausend and Winne, is desirous of drilling the Lomax Gas Unit No. 2, Well No. 1 at a surface location two hundred feet (2001) FNL and three hundred sixty-three feet (3631) FWL of outlot 465, Enoch Brinson Survey, A-5, Harris County, Texas; and, WHEREAS, such location falls within six hundred twenty-four (6241) of the residence located on the above described land, as further illustrated on that certain Plat of Area Around Arkla Exploration Company's Proposed Surface Location of the Lomax Gas Unit No. 2, 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. 2, Well No. 1 at the surface location heretofore described. IN WITNESS WHEREOF, this instrument is executed on the I� " , 1991. day of William Watkin�3 \ S S # : 1%�-'�''SY�%J SWORN TO AND SUBSCRIBED before me, 1990. My commission expires: // 3 - Z Loraine A. Watkins S S # 'SE Sin this Q da of Notary Public in and for the State of Texas. Notary's name (printed): Drake Davis o PQ ! N a ?d 4 a 'q d 4193 Via° u u w4) CJ N +� a a •P4 L c W i3 +� O •r1 CAgo a Iv •, b� 3 eao .c °4) 4.1 'H U tv 41 .0 14 u Iv a �b JQW _ -co N S N W • In Q Pio v W cr / m 73_ U) O \ / = O Z _ J ( / a W U \• / Z � W Q = t- m W / Z Q co LV Z �8' In (n �p \ Ul 2-may;, -..r.- - 6• FU •Ca OVEN 0 � � "-- 1 ZI z WATK I n [ Q 0 Q PERK I NS g3T J 3 -- -� -nab- +. 624.4' I O HAIRS :r. �` VILLIAMSQJ 0 m ~ L�l *_ WILL W 2 - F_ In v RAVSUI ro v , it ca 0 \ �- t0 BERTRAM v F wLL W \ H o N \ • n zw _ Q F] (n J H m 0 z • BUSCH• HUTCHISON & ASSOCIATES. INC. a'ATP.W. ova PLAT OF AREA AROUND ARKLA DIPLORATION PROPOSED LOCATION era COMPANY S SURFACE 9-011OH a� P-F JP, I INCH - 200 FEET ARCHTECTS ENGINEERS SURVEYORS OF THE LOMAX OAS UNIT 2. WELL NO. 1. IN LA PORTE OUTLOT NO. 435. IN THE (ATE APPROVM SURVEY. A - S. SgT I OF I 107 FLEETWOOO DR BAYTOWR TEXAS 77520 MAY 8. 199 HARKI SBRION RECEIVED COMM. DEV. AGREEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS, THAT COUNTY OF HARRIS WHEREAS, Edgar Hinojosa, et ux, Terrie L. Hinojosa, hereinafter referred to as "Lessors", heretofore executed that certain instrument entitled "Oil, Gas and Mineral Lease", dated August 1, 1988, recorded under File Code Number 127-62-2219 of the Official Public Records of Real Property of Harris County, Texas, and covering the following land, to wit: 2.5 acres of land, more or less, being the East One -Half (E/2) of the West One -Half (W/2) of Outlot Four Hundred sixty six (466), of the LaPorte Outlot Subdivision, out of the Enoch Brinson Survey, Abstract Number Five (5), Harris County, Texas, according to a Map or Plat thereof recorded in Volume 61, Page 374 of the Deed Records of Harris County, Texas and being the same land described in that certain Deed dated March 1, 1984 by and between Hilda G. Owen a/k/a Hilda Belcher Owen as Grantor and Edgar Hinojosa et ux as Grantees and recorded as Harris County Clerk's File No. J395433 of the Deed Records of Harris County, Texas. WHEREAS, Paragraph 7 of the aforesaid Oil, Gas and Mineral Lease grants Doug Beveridge, his 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 Doug Beveridge, is desirous of drilling the Lomax Gas Unit No. 2, Well No. 1 at a surface location two hundred feet (2001) FNL and three hundred sixty-three feet (3631) FWL of outlot 465, Enoch Brinson Survey, A-5, Harris County, Texas; and, WHEREAS, such location falls within six hundred twenty-seven (6271) of the residence located on the above described land, as further illustrated on that certain Plat of Area Around Arkla Exploration Company's Proposed Surface Location of the Lomax Gas Unit No. 2, 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. 2, Well No. 1 at the surface location heretofore described. IN WITNESS WHEREOF, this instrument is executed on the day of .lair , 1991. . EdgarUHinojos SS#• 4�J_t�-ass/ SWORN TO AND SUBSCRIBED before me, 1990. My commission expires: 11=�-gr, Terrie L. Hinojosa) S S#• C,V ". J /I- J/ this day of - Notary Public in and for the State of Texas. Notary's name (printed): Drake Davis tS) a\ O� «i .b 4J u e� •C - L � W O • r- O i a •a �H LJ -'{ 44 44 4-I w ao e6 0 cJ •� �co i ,d 60 co P O D% u 4 1010 u O cd u � u N �a m I l � re cn N v J N (V Q WLd 0 0 F— N O _ Q J Jw U N J m Q� /cr3 c Q \ v O \ / t N O / V 0- fW \ .0 Z I.L. / F- U tn _ Q v ►� v -"-- _ H. G. OVEN Q PERKINS - 624.4- WILLIAMSON HAIRS ;..wit!Al SFE XON :. .: �. co N to RAYSON v InCO 6ERTRAM c c O Ln Q ` Q � n Ld W w _ � F- n Ul _ Q TZ F- O: O z BUSCH. HUTCHISON & ASSOCIATES. INC. CRATP.W. r�i PLAT OF AREA AROUND ARI LA 00-ORATION COMPANY'S PROPOSED SURFACE LOCATION � 91-OBOH OF THE LOMAX GAS UN IT 2. WELL NO. I . amXM R.L.1-I..JR. 4'JI C. I INCH - 200 FEET ARCMTECTS ENGINEERS SURVEYORS IN LA PORTS aiTLOT NO. 436. IN THE ENOCH BR I NSON SURVEY. A - S 107 FLEETW000 DR. BAYTOWN. TEXAS 77520 oA@ MAY B. 1991 . HARR I S COUNTY. TEXAS affT I OF 0 • ORDINANCE NO. 1659-D 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 ARRLA EXPLORATION COMPANY TO DRILL A 15,500 FOOT WELL; 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 has received an application dated May 6, 1991, and filed with the City on May 13, 1991, from Arkla 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 Arkla Exploration Company Lomax Gas Unit No. 2, Well No. 1, to a proposed depth of 15,500 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 May 6, 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 Arkla 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 0 ORDINANCE NO. 1659-D 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 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 5. This Ordinance shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED, this the loth day of June, 1991. CITY OF LA PORTE BY Norman L. Malone, Mayor ATTEST: Cherie Black City Secretary APP OVED: Knox W. Askins City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date RequestFt 6-10-91 Requested By: Jo recht Department: Community Development Repo Resolution 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 May 13, 1991, Arkla Exploration Company submitted an application to drill a gas well with a surface location on a 22.19 acre Southern Pacific tract which is located east of Sens Road and north of North "P" Street. On June 5th the surface location was relocated 555 feet south and 180 feet west of the original location to a site in Outlot 904. 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 three affected property owners, (copies attached). Lomax Gas Unit #3, Well #1, will be drilled straight down to a maximum depth of 15,500 feet. Access to the drill site is Hwy 225 via Sens Road and North "P" Street. Action Required by Council: Approve the application for Lomax Gas Unit #3, Well #1 drilling permit for Arkla Exploration Company with a surface location in Outlot 904. Availability of Funds: General Fund Water/Wastewater Capital Improvements General Revenue Other Sharing Account No.: Funds Available: Yes No Approved for City Council Agenda OA,,� -�-, -- �0 _9 I Robert T. Herrera Date City Manager A IAMJW/IL.M AMPLOR/4%141M May 13, 1991 City of LaPorte 604 W. Fairmont Parkway LaPorte, Texas 77572 Attention: Mr. Joel Albrecht Director of Community Service Re: Lomax Gas Unit No. 3, Well No. 1; Clear Lake Prospect Harris County, Texas Gentlemen: Arkla Exploration Company (ARK) is proposing to drill the Lomax Gas Unit No. 3, Well No. 1 at a surface location 250' FSL and 730' FWL of that certain 22.19-acre Southern Pacific tract located north of "P" Street, east of Sens Road, and being a tract formerly owned by Decker McKim. Also, please be advised the Lomax Gas Unit No. 3, Well No. 1 will be a straight hole, not directionally drilled. ARK chose the above described location for several reasons. First, an aerial photo indicated that there were only three (3) residences located in Outlot 902 which 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, ARK could gain access to the location from State Highway 225 by using Sens Road to North "P" Street, thus eliminating the congested residential area to the south. In accordance with the terms of Ordinance No. 1659 dated January 8, 1990, enclosed find the following documents which are being submitted with ARK's application for a permit to drill the Lomax Gas Unit No. 3, Well No. 1 within the City of LaPorte, Texas: 1) Application dated May 6, 1991, for Oil and Gas Well Drilling which has been executed by Arkla Exploration Company. 2) Check in the amount of $1,000.00 representing the permit fee for drilling the Lomax Gas Unit No. 3, Well No. 1. 3) Plat of Arkla Exploration Company Proposed Drill Site for the Lomax Gas Unit No. 3, Well No. 1. ARK is in the process of obtaining three (3) executed Agreements from all affected owners located within 750' of the surface location, as required under Section 16-4(2) and will provide you with copies of same within the next several days. ARK has attempted in good faith to choose a surface location which will 5100 WESTHEIMER, SUITE 400 • HOUSTON, TEXAS 77056-5507 • (713) 623-5000 have minimum impact on the citizens of LaPorte. 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, Guy F. Aldrich enclosures • • APPLICATION LOMAX GAS UNIT NO. 3, WELL NO. 1 DATE: May 6, 1991 OIL AND GAS WELL DRILLING NAME: Arkla Exploration Company ADDRESS: P. O. Box 21734 Shreveport, LA 71151 PHONE NO. (318) 429-2700 APPLICATION FEES PAID $1,000.00 PROPOSED SITE: 1. FEE OWNER Southern Pacific Transportation Company 2. ADDRESS 4099 McEwen Suite 600 Dallas TX 75244 3. LEASE OWNER Arkla Exploration Company ADDRESS 5100 Westheimer, Suite 400 Houston Texas 77056-5507 4. LEGAL DESCRIPTION OF WELL SITE 22.19 acres of land, more or or less out of the Enoch Brinson Survey, A-5. Harris County, Texas, and being the same land in that certain Deed dated May 20, 1980, from Decker McKim, Trustee, to the Southern Pacific Transportation Company, recorded under County Clerk File No. H967409, Harris County, Texas. 5. MAP ATTACHED Yes 6. TYPE OF DRILLING RIG SCR Rotary Rica 7. PROPOSED DEPTH 12,0001 - Lower Vicksburg formation; 15,5001 Yegua formation 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. 165 - ional Landman 71 Copy of Ordinance 1659 Received September 13 1990 CITY OF LA PORTE / \ PHONE (713) 471-5020 • PO. BOX 1115 • LA PORTE. TEXAS 77571 Cash C eck /3a96 RECEIPT 096767 DATE d `�� �9/ Money Order Cashier Check RECEIVED FROM Q u., PAYMENTFOR C AMOUNT $ // D (VO Cr DESCRIPTION r- CASHIER JUN 05 191 13:45 ARKLA DCPL. HOU.TX j�AWANAWX AM MAr June 5, 1991 City of LaPorte 604 West Fairmont Parkway LaPorte, Texas 77572 Attention: Mr. Joel Albrecht Director of Community Service Gentlemen: P.2/2 Re: Lomax.Gas Unit No. 3, Well No. 1 ,Clear Lake Prospect Harris County, Texas Reference is hereby made to that certain letter dated May 13, 1991, in which Arkla Exploration Company (ARK) proposed the drilling of the Lomax Gas Unit No. 3, Well No. 1 at a surface location 250' FSL and 730' FWL of that certain 22.19-acre Southern Pacific tract located north of P Street and east of Sens Road. Southern Pacific recently advised ARK that the aforesaid 22.19-acre tract of land was for sale and further requested ARK move its proposed well location due to the pending sale. ARK and Southern Pacific have now agreed upon a new well location, described as follows: 2251 FNL and 274' FWL of Outlot 904, Enoch Brinson Survey., A-5, Harris County, Texas. This location falls on Southern Pacific acreage located south of P Street and east of Sens Road, being a distance of 555' south and 180' west of the original location. Please be advised there are no additional residences or buildings located within 750' of the proposed drillsite. Therefore, all affected landowners have previously agreed to allow ARK to drill. the referenced well at the new location, thus bringing ARK into' compliance with Section 16-4.(2), Well Location, of City Ordinance No. 1659 dated January 8, 1990. Thank you for, your assistance in this matter. If additional information is required with regard to ARK's application for a drilling permit, please advise. Sincerely, jk11�, ' Guy F. Aldrich 5100 WESTHEIMER, SURE 400 * HOUSTON. TEXAS 77056-5507 + (713) 623-5000 E 0 ol It ol tw CO. 4.0 Slit I 1 .04110 ACRET 0, c mom SCALE I INCH 200 FEET 'o 'P seo"Idu LOOS L NORTH P STREET A ftf u rKm lc*= rpAw- mlop= 4RA. bi E N 0 C H B R I N S 0 N :L E A G U E A S H A R R I S C,OtiNT Y T E X A S BUSCR FUTCHLSON & ASSOCIATES. INC.C14MM L LEXPLORATION =lcm" ARKLA -Mkm" 91-012 *Colo sm"-- DRILL STfEFOR TFF, ENGINEERS & ARCHITECTS T. P. LOMAX GAS UNIT NO. 3 WELL I 107 FLEETWOOD DR. BAYTOWN. TEXAS 77520 anAPRIL 24. 1991 AMqVVM IN ENOCH BRINSON LEAGUE IF I . HARRIS COUNTY. TEXAS I - I I iANAWi w ANRnAkM �Ao"riOW April 28, 1991 City of LaPorte 604 West Fairmont Parkway LaPorte, Texas 77572 Attention: Mr. Joel Albrecht Director of Community Service Gentlemen: RECEIVED ff -3/- 9/ 7z.,-S- COMM. DEV. Re: Lomax Gas Unit No. 2, Well No. 1 Lomax Gas Unit No. 3, Well No. 1 Clear Lake Prospect Harris County, Texas Reference is hereby made to those two certain letters dated May 13, 1991, in which Arkla Exploration Company (ARK) filed applications for the drilling of the referenced wells within the City of LaPorte, Texas. Such letters stated ARK was in the process of obtaining executed agreements from all affected owners located within seven hundred fifty feet (7501) of the surface location of the applicable well as required under Section 16-4(2), Well Location, of City Ordnance No. 1659 dated January 8, 1990. Pursuant to the foregoing, enclosed for your files are the following documents which should be included with ARK's two applications for permits to drill the captioned wells: Lomax Gas Unit No. 2, Well No._1 1) Agreement dated May 20, 1991, executed by John M. Williamson, et ux, Donna P. Williamson covering 5 acres of land, more or less, being part of Outlot 465, Enoch Brinson Survey, A-5, Harris County, Texas. 2) Agreement dated May 20, 1991, executed by William J. Watkins, et ux, Loraine A. Watkins covering .5 acres of land, more or less, being part of Outlot 465, Enoch Brinson Survey, A-5, Harris County, Texas. 3) Agreement dated May 16, 1991, executed by Edgar Hinojosa, et ux, Terrie L. Hinojosa covering 2.5 acres of land, more or less, being part of Outlot 466, Enoch Brinson Survey, A-5, Harris County, Texas. 5100 WESTHEIMER, SUITE 400 . HOUSTON, TEXAS 77056-5507 • (713) 623-5000 Lomax Gas Unit No. 3. Well No. 1 1) Agreement dated May 14, 1991, executed by Glenn M. Parmer, a single man, covering 9.16 acres of land, more or less, being Outlots 903, 912 and 917, Enoch Brinson Survey, A-5, Harris County, Texas. 2) Agreement dated May 15, 1991, executed by Tommy L. Gardner, et ux, Celia Gardner, covering 1.214 acres of land, more or less, being part of Outlot 902, Enoch Brinson Survey, A-5, Harris County, Texas. 3) Agreement dated May 9, 1991, executed by Donna S. Cole, et vir, Carl Cole, covering 1 acre of land, more or less, being part of Outlot 902, Enoch Brinson Survey, A-5, Harris County, Texas. With the inclusion of the above documents, ARK's two applications for drilling perijits should now be complete. Therefore, please accept this written request to include Arkla Exploration Company's applications for drilling the referenced wells on the agenda for the City Council Meeting scheduled for June 10, 1991. Thank you for your continued assistance in these matters. If you should have any questions, please advise. Sincerely, Guy F. Aldrich enclosures 2 i• RECEIVED comm. DEV. AGREEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS, THAT COUNTY OF HARRIS § WHEREAS, Glenn M. Parmer, a single man, hereinafter referred to as "Lessor", heretofore executed that certain instrument entitled "Oil, Gas and Mineral Lease", dated October 1, 1988, recorded under Film Code Number 133-71-0580 of the Official Public Records of Real Property of Harris County, Texas, and covering the following land, to wit: Being 9.16 acres, more or less, out of the Enoch Brinson League, A-5, Harris County, Texas, and being the same land described in that certain Warranty Deed dated February 21, 1968, by and between Frank B. Bonvillian and wife, Mattie Ruth Bonvillian, and Glenn M. Parmer, and wife, Jo Parmer, recorded under number 091-24-1483 of the Official Public Records of Real Property of Harris County, Texas. 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. 3, Well No. 1 at a surface location two hundred fifty feet (2501) FSL and seven hundred thirty feet (7301) FWL of that certain 22.19 acre Southern Pacific Transportation Company tract, and being the same land described in that certain deed dated May 20, 1980 from Decker McKim, Trustee, to Southern Pacific Transportation Company, recorded under County Clerk File No. H967409, Enoch Brinson Survey, A-5, Harris County, Texas; and, WHEREAS, such location falls within seven hundred thirteen feet (7131), six hundred thirty-seven feet 71), and six hundred ninety-two feet (6921) of the residences located on the above described land as further illustrated on that certain Plat of Arkla Exploration Company's Proposed Drillsite for the Lomax Gas Unit No. 3, 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. Arkla Exploration Company the right to drill the Lomax Gas Unit No. 3, Well No. 1'at the surface location heretofore described. IN W 4 ; WHEREOF, �. 199X G1'-6'nn 'M. frarme'r, -A Sim le Man SS # : C-Zz -S�.— SWORN TO AND'SUBSCRIBED before me, 1991. My co mission expires: / s- q t is executed on the /__/1 day of this AV delay of , Notary Public in and for the State of Texas. Notary's name (printed): Drake Davis 7 I \\ I � \ Fllll�czll ON CO. I mincn+ ►�Cvic iui�row m. a. �• •oo \ �p I DRILL 6 88 S'A DES I \ \ �s 1 / o.zso� vEr �a�os� i STREET eaioc i d / BRIO( R£SIOE?� FR..E REr I mg �C rt> S rt w c; rt I n . S t� (D rD p � s rt Co rT �G r • O �d r-• w w a = a90 m (D (D - w ° (D rr CJ = (A k F„ (D m •0 a n m w 00 G rr 1 N r? (� n a o C • w I • • RECEIVED COMM. DEV. AGREEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS, THAT COUNTY OF HARRIS § WHEREAS, Tommy L. Gardner, et ux, Celia Gardner, hereinafter referred to as "Lessors", heretofore executed that certain instrument entitled "oil, Gas and Mineral Lease", dated October 6, 1988, recorded under Film Code Number 133-71-0582 of the Official Public Records of Real Property of Harris County, Texas, and covering the following land, to wit: 1.214 acres of land, more or less, out of the Enoch Brinson Survey, A-5, Harris County, Texas, and being the same tract of land described in that certain Deed dated May 7, 1971, by and between Kenneth R. Reed and wife, Iva J. Reed, and Tommy L. Gardner, et ux, Celia Gardner, recorded under Film Code Number 129-26-2178 of the Official Public Records of Real Property of Harris County, Texas; 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. 3, Well No. 1 at a surface location in the Enoch Brinson Survey, A-5, Harris County, Texas; and, WHEREAS, such location falls within six hundred ninety-two feet (6921) of the residence located on the above described lands as further illustrated on that certain Plat of Arkla Exploration Company's Proposed Drillsite for the Lomax Gas Unit No. 3, 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; • 0 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, does by the execution hereof hereby permit Arkla Exploration Company the right to drill the Lomax Gas Unit No. 3, Well No. 1 at the surface location heretofore described. IN WITNESS WHEREOF, this instrument is executed on the 15 day of 211�_, 1991. o�Y L. Gardner Celia Gardner SS#: !/ lob% (��/-a��� SS#: T' STATE OF LOUISIANA/ PARISH OF �a-Cv/Cs-.� Before me, the undersigned authority, on this day personally appeared Tommy L. Gardner and Celia Gardner husband and wife, known to me to be the pdrsons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same as their free act and deed for the purposes and consideration therein expressed. Given under my hand and seal of office thi d y, 1991. My Xmmnslog,expires: Notary Pu lic in and for the e- fState of ouisiana r 2 NORTH OR OC 1ESI DOLE FAME IFbIOENM E N 0 C H I �\ Isma+ •.cl��c Malo.o m. a.I� I10O � \ . \�\ FARIL�M;T ION CO.BRILL \ \ I SITE 4.5488 ES I \ \ ar \ /VET LANDS \ I I I P STREET eRla I / FRAW I�SiOoNZ B R I N S 0 N L E A G U E A- S H A R R I S C 0 U N T Y. T E X A S BUSCH. HUTCHISON & ASSOCIATES. INC. ENGINEERS 6 ARCHITECTS 107 FLEETWOOD DF;L BAYTOWN. TEXAS 77520 R. L. H. J. —" PLAT OF ARKLA EXPLORATION CO k SCAM PROPOSED DRILL STIE FOR THE T. P. W. I INCH . 200 FEET LOMAX GAS UNIT NO. 3 WELL I IN THE ENOCH BRINSON LEAGUE APR I L 24. I SS I M uvFa A- S . HARRIS COUNTY. TEXAS 'm "- 91-0124H 94 ET I cr I • • �E CHVED COMM. DEV. AGREEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS, THAT COUNTY OF HARRIS WHEREAS, Donna S. Cole, et vir, Carl Cole, hereinafter referred to as "Lessors", heretofore executed that certain instrument entitled "Oil, Gas and Mineral Lease", dated October 5, 1988, recorded under Film Code Number 133-71-0592 of the Official Public Records of Real Property of Harris County, Texas, and covering the following land, to wit: One (1) acre of land, more or less, out of the Enoch Brinson Survey, A-5, Harris County, Texas, and being the same tract of land described in that certain Deed dated January 18, 1979, by and between K. P. Reed and Wife, Iva J. Reed, and Donna S. Barnard, recorded under Film Code Number 186-90-1103 of the Official Public Records of Real Property Records of Harris County, Texas; 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. 3, Well No. 1 at a surface location two hundred fifty feet (2501) FSL and seven hundred thirty feet (7301) FWL of that certain 22.19 acre Southern Pacific Transportation Company tract, and being the same land described in that certain deed dated May 20, 1980 from Decker McKim, Trustee,, to Southern Pacific Transportation Company, recorded under County Clerk File No. H967409, Enoch Brinson Survey, A-5, Harris County, Texas; and, WHEREAS, such location falls within seven hundred thirteen feet (7131) of the residence located on the above described land as further illustrated on that certain Plat of Arkla Exploration Company's Proposed Drillsite for the Lomax Gas Unit No. 3, 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, 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, does by the execution hereof hereby permit Arkla Exploration Company the right to drill the Lomax Gas Unit No. 3, Well No. 1 at the surface location heretofore described. IN WITNESS WHEREOF, this instrument is executed on the day of 02 1991. 6�Gt/ D nna S. Cole Carl C46le � .� W. SS# �p0 . S�2, /' /I SvS#: 0, O SWORN TO AND SUBSCRIBED before me, 1991. My commission expires: 0 -5:51 this & day of .____k-AXJ0- L-VAt--� 10, Notary Public in and for the State of Texas. Notary's name (printed): Drake Davis Iz w I� r i N 0 R' BRICK RFSI FRAY E N 0 C H I \ I � i-z"t �. / >aut� ►.clrlc �IlJab m. a. �� AO6 - \ \ 4iA T I QJ CO. \ \ SITE ACRES' Cn Es I � I I ! l i T R E E 7 B R I N S 0 N L E A G U E A- 5 H A R R I S C 0 U N T Y. T E X A S 0 O W P'rT � Rw IT mm rt —pl A. 1�0 rr rr M r•-- r•0 74 A x Gt�Dm0. H -' r m 0 - n 9 a. 9 lcc o ( - n�r+cu M C7 r► M • 0 111 n w a" • c✓i 0 ORDINANCE NO. 1659-E 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 15,500 FOOT WELL; 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 has received an application dated May 6, 1991, and filed with the City on May 13, 1991, from Arkla 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 Arkla Exploration Company Lomax Gas Unit No. 3, Well No. 1, to a proposed depth of 15,500 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 May 6, 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 Arkla 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 �.I • ORDINANCE NO. 1659-E 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 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 5. This Ordinance shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED, this the loth day of June, 1991. BY ATTEST: Cherie Black City Secretary AP VED�)- : Knox W. Ask -ins City Attorney CITY OF LA PORTE Norman L. Malone, Mayor ORDINANCE NO. 1758 AN ORDINANCE APPOINTING A MEMBER OF THE CITY COUNCIL TO SERVE AS MAYOR PRO TEM OF THE CITY OF LA PORTE, FOR THE TERM JUNE 10, 1991, UNTIL JUNE 22, 1992; 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, TEXAS: Section 1. The City Council of the City of La Porte hereby appoints /9&1- 10 a , one of its members, to serve as Mayor Pro Tem of the City of La Porte, for the term June 10, 1991, through June 22, 1992, and until his successor shall have been duly appointed and has qualified. Section 2. Said appointee shall perform all the duties of the Mayor in his absence or disability. Section 3. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Ordinance shall take effect and be in force from and after its passage and approval, and it is so ordered. PASSED AND APPROVED this the loth day of June, 1991. CITY OF LA PORTE Norman L. Malone, Mayor ATTEST: Cherie Black, City Secretary APPROVED: Knox W. Askins, City Attorney ORDINANCE NO. 1759 AN ORDINANCE APPOINTING MEMBERS TO THE CITY OF LA PORTE PLANNING AND ZONING COMMISSION; CONTAINING A REPEALING CLAUSE; 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 members to the City of La Porte Planning and Zoning Commission, for a two year term to expire May 30, 1993. All appointments shall remain in effect until their successors shall have been duly appointed and qualified. District 2 District 3 Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of conflict only. Section 3. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the day of , 1991. CITY OF LA PORTE Norman L. Malone, Mayor ATTEST: Cherie Black, City Secretary APPROVED: Knox W. Askins, City Attorney ORDINANCE NO.1760 AN ORDINANCE APPOINTING MEMBERS TO THE CITY OF LA PORTE ZONING BOARD OF ADJUSTMENT; CONTAINING A REPEALING CLAUSE; 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 members to the City of La Porte Zoning Board of Adjustment, for a two year term effective June 10, 1991, said term expiring June 9, 1993, or until their successors shall have been duly appointed and qualified. Position 1 Position 2 Position 3 Position 4 Position 5 Position 6 Alternate 1 Alternate 2 Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of conflict only. Section 3. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the day of , 1991. CITY OF LA PORTE Norman L. Malone, Mayor ATTEST: Cherie Black, City Secretary APPROVED: Knox W. Askins, City Attorney ORDINANCE NO.1761 AN ORDINANCE APPOINTING MEMBERS OF THE FIRE CODE REVIEW COMMITTEE; PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL CITY OF LA PORTE ORDINANCES IN CONFLICT HEREWITH; 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 makes the following appointments to the Fire Code Review Committee of the City of La Porte, for the term beginning June 10, 1991, and ending on June 30, 1993; provided, however, all appointees shall serve until their successors have been duly appointed and qualified. District 1 District 2 District 3 District 4 District 5 District, 6 At Large, A At Large, B. Mayor's Rep. Ex Officio - Joe Sease, Fire Chief Ex Officio - Paul Hickenbottom, Fire Marshal Ex Officio - Ervin Griffith, Chief Building Official Section 2. If any section, sentence, phrase, clause or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. 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 Annotated; and that this meeting has been open to the public as required by law at all times during which this Ordinance 1761, Page 2 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 effective from and after its passage and approval. PASSED AND APPROVED, this the loth day of June, 1991. CITY OF LA PORTE Norman L. Malone, Mayor ATTEST: Cherie Black, City Secretary APPROVED: Knox W. Askins, City Attorney ORDINANCE NO. 1762 AN ORDINANCE APPOINTING A MEMBER, POSITION 1, A MEMBER, POSITION 2, A MEMBER, POSITION 3 AND A MEMBER, POSITION 6, FOR A TERM TO EXPIRE MAY 31, 1993, TO THE CITY OF LA PORTE AIRPORT ADVISORY BOARD; CONTAINING A REPEALING CLAUSE; 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 as members of the City of La Porte Airport Advisory Board, for a term to expire May 31, 1993 and until their successors shall have been duly appointed and qualified. Position 1• Position 2• Position 3• Position 6• Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of conflict only. Section 3. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the day of , 1991. CITY OF LA PORTE By ATTEST: Cherie Black, City Secretary APPROVED: Knox W. Askins, City Attorney Norman L. Malone, Mayor CITY OF LA PORTE INTEROFFICE MEMORANDUM TO: Robert T. Her , City Manager FROM: John Joerns, stant City Manager DATE: June 5, 1991 SUBJECT: Update: DANA Transport Request/ Water and Sewer Service Outside City Limits At the April 8, '1991 meeting, Council heard a request from DANA Transport (and two other firms not represented in person) for provision of water and sewer service outside the City limits. After much discussion, Council asked the City Manager's office to visit with DANA and discuss annexation as a means and/or requirement to receiving these City services. The City Manager met with representatives of DANA and discussed annexation as a means of providing water and sewer service. DANA Transport did not take exception to the prospect of full annexation. However, from the City's viewpoint full annexation has some risks that should be considered. * The City would have to prepare a service plan detailing the provision of all City services both immediate and long range. Eventually the City would be required to provide full water and sewer service to the area. Although this would not be of great concern now, it could impact the City at a later date. Recall that this area was not included in the City's or the LPAWA's planning efforts. Full provision of water and sewer would subtract from the capacity available to current properties in the City. * The water well that is currently in use would conflict with City ordinances. If future repairs were necessary or if the subsidence district intervened, the City would be expected to provide full service to DANA because they would be fully annexed. Again, the availability of additional surface water from Houston within the next eight to ten years is not a firm prospect. Water and Sewer Service Outside City Limits Page 2 On the plus side, providing water and sewer service to this area would provide additional income for the Utility Fund. It would also result in installation of utilities that would allow for future provision of full water and sewer service to the properties along SH 225. This could be done when capacities are available and the Council deems appropriate. The key to the relationship is to provide limited service now, protect the communities water and sewer resources, and efficiently plan for full annexation of the businesses at a later date. The concept that "grew" out of the meeting with DANA was consideration -of pursuing/creating a separate class of Industrial District Agreement for businesses outside the City. Knox Askins has researched "water rights law" to see if the City can effectively contract water and sewer service for a specified term and conditions and (if need be) withdraw service at the end of the specified term or if conditions are not met. Per recent conversation with Knox, he is confident that the City has such authority. If Council approves of the concepts presented here, the administration will construct a "modified" Industrial District Agreement for Council's consideration. Additionally, DANA Transport requests council to consider issuing a letter of intent (perhaps at the June loth meeting) that would provide them with the level of comfort necessary to purchase the property. Currently, the "modified" Industrial District Contracts would include the following basic concepts. The companies would: - petition the City of La Porte for annexation - recognize that City at this time cannot provide full range of water and sewer services as requested by the Company - agree to limited water and sewer service specified in contract - agree to a specified term in the contract - agree to (through the petition) future full annexation at the discretion of the City - agree to City codes, policies, etc. related to water and sewer service being extended and enforced by contract - agree to payment for services as set by Council (traditionally 1.5 times rate for citizens) - agree to payments in lieu of taxes at 100t level - agree in concept to participate in future planning of water and sewer demands undertaken by either the City or La Porte Area Water Authority Water and Sewer Service Outside City Limits Page 3 - agree to watershed planning principles (and other master plan components identified and adopted by the City) agree to participate in cost sharing of extending utilities across SH 255 - etc./other The City would: - execute an Industrial District contract with companies for a specified term and payments in lieu of taxes - agree to participate in cost sharing of extending utilities across SH 225 - have final authority over size, location, materials, etc. utilized in the extension - own the utilities up to a point defined as service lines - have right of entry at all times to see if terms and conditions are met - terminate agreement if terms and conditions are not met enforce the drought contingency plan on customers if warranted etc./other C� • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: JUNE 10 1991 Requested By: Louis R1 b AVDe rtment: Purchasing Report Resolution Ordinance Exhibits: SUMMARY & RECOMMENDATION The City of Baytown,through a cooperative purchasing program with the Cities of La Porte and Seabrook, has completed the bid process for the purchase of malathion and scourge. Low bid meeting specifications was submitted by B c G Chemical. Prices are as follows: ,Malathion $ 18.05/gal Scourge $ 208.07/gal Carrying oil $ 3.05/gal Estimates for use in the City of La Porte would be 110 gallons of Malathion, 50 gallons of Scourge, and 715 gallons of carrying oil for a total of $ 14,569.75. Action Required by Council: Approve interlocal agreement between the Cities of La Porte, Baytown, and Seabrook for the purchase of malathion. ---------------------- ---------------------- Availability of Funds: X General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: 001-700-701-207 Funds Available: YES No Approved for City Council Agenda Robert T. Herrera City Manager Date • • CITY OF LA PORTE INNER OFFICE MEMORANDUM June 3, 1991 TO: D 0,bert T. Herrera, City Manager FROM: ve Gillett, Director of Public Works SUBJECT: 1991-91 Heavy Trash Schedule JUN 04 1991 ASST. CITY MANAGER OFFICE The City of La� Porte publishes the yearly trash schedule in June of each year to coincide with the distribution of plastic garbage bags. As you know, June 1 marked the beginning of the City's recycling drop-off center, scheduled for the first and third Saturday of each month. I would like to propose revising the trash schedule to assist in the City's recycling effort. It is proposed that the Monday following each recycling day be reserved to process and transport recyclables and compost materials, process scrap tires, and perform minor maintenance and cleaning of collection vehicles. With additional work needed to process materials, and transport time to markets in Houston, two days a month are needed to perform these duties without the addition of personnel. With five trash zones, each collected every other week (excluding holidays), this would result in two less trash collections per zone per year. The revised schedule would not provide one zone more service than any other. I feel the slight reduction in collection days would be more than offset by the additional recycling service provided, as well as retaining a static work force size. The new trash schedule needs to be at the printer by June 12, 1991 for inclusion in the bag handout scheduled this summer. Please advise if the proposed schedule is acceptable. If you have any questions, please advise. xc: John Joerns, Assistant City Manager MEMORANDUM May 13, 1991 TO: Mayor and City Council G� TA FROM: Robert T. Herrera, City Manager_ -- SUBJECT: City Boards and Commissions At a recent Council meeting, it was requested that appointments to various City boards and commissions be made in the near future. Attached for your information is a list of appointees to these boards and commissions and their date of expiration. Please let me know when you are ready to place ordinances on the agenda for action on these appointments. Robert T. Herrera RTH/cb Enc. PLANNING AND ZONING COMMISSION Member District Expiration Date Inge Browder Chairman May 30, 1992 Betty Waters 1 May 30, 1992 Wayne Anderson 2 May 30, 1991 Eugene Edmonds 3 May 30, 1991 Lola Phillips 4 May 30, 1992 Paul Schaider. 5 May 30, 1992 Doug Martin 6 May 30, 1992 BOARD OF ADJUSTMENT Member Position Expiration Date Dr. Deborah Bernay 1 April 30, 1991 Steve Hines 2 April 30, 1991 Jody Seeger 3 April 30, 1991 Willie Walker 4 April 30, 1991 Charles Christensen 5 April 30, 1991 Member Bob McLaughlin Terry Groff Gene Pfeiffer Kenneth Kendrick Jim Counts ELECTRICAL BOARD Position Chairman 1 2 3 4 Expiration Date April 30, 1992 April 30, 1992 April 30, 1992 April 30, 1992 April 30, 1992 FIRE CODE REVIEW COMMITTEE Member District Expiration Date Delbert Walker 1 June 30, 1991 Richard Browder 2 June 30, 1991 Al Fields 3 June 30, 1991 Robert Daniel 4 June 30, 1991 Charlie Young 5 June 30, 1991 Doyle Westergren 6 June 30, 1991 Bryan Moore A June 301, 1991 Tom Handy B June 30, 1991 Emery Farkas Mayor June 30, 1991