HomeMy WebLinkAbout1991-10-14 Regular Meeting
.
.
MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL
OCTOBER 14, 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, Bob Thrower, Alton Porter,
Deotis Gay, B. Don Skelton, Jerry Clarke
Members of city Council Absent: councilpersons Mike Cooper
and Bob McLaughlin .
Members of ci tv Staff Present: ci ty Manager Bob Herrera, ci ty
Attorney Knox Askins, City Secretary Cherie Black, Assistant
City Manager John Joerns, Police Chief Bobby Powell, Fire
Chief Joe Sease, Director of Public Works Steve Gillett,
Assistant to the ci ty Secretary Sue Lenes, Chief Building
Inspector Ervin Griffith, Golf Course Manager/Pro Alex Osmond,
Golf Course superintendent Dennis Hvalaty
Others Present: Boy Scout Leaders Marcy Zuckero and Kim Kamp;
Boy Scouts Ernie Kamp, Eric Zuckero, Corey C. Hinds and Kevin
Pool; Golf Course employee Richard Flores; W. J. Huber; Joyce
Sease; 13 citizens
2. The invocation was given by Councilperson Thrower.
The Mayor recognized Boy Scouts and their Leaders who were in
the audience, and welcomed them to the meeting.
3. Council considered approving the minutes of the regular
meeting and public hearing of Council held September 23, 1991.
Motion was made bv CouncilDerson Skelton to aDprove the
September 23 minutes as Dresented. Second by Councilperson
Clarke. The motion carried, 7 ayes and 0 nays.
Nays:
Councilpersons Sutherland, Thrower, Porter, Gay,
Skelton, Clarke and Mayor Malone
None
Ayes:
4. Mayor Malone proclaimed Red Ribbon Week, Retired Senior
Volunteer Program Recognition Day and Texas Pharmacy Week.
w'
5. Charlie Young addressed Council regarding item 11 on the
agenda, stating that a warehouse would be unsightly along
Highway 146, as eventually this would be part of the outer
belt.
6. Council considered an ordinance authorizing award of a
telephone system contract.
.
e
Minutes, Regular Meeting, La Porte City Council
October 14, 1991, Page 2
The City Attorney read: ORDINANCE 1785 - AN ORDINANCE
APPROVING AND AUTHORIZING A CONTRACT BETWEEN G.T.E. AND THE
CITY OF LA PORTE, FOR A TELEPHONE SYSTEM; 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 bv CouncilDerson Thrower to adoDt Ordinance
1785 and award a contract to GTE for a new teleDhone system
for the city of La Porte. Second by Councilperson Gay. The
motion carried, 7 ayes and 0 nays.
Nays:
Councilpersons Sutherland, Thrower, Porter, Gay,
Skelton, Clarke and Mayor Malone
None
Ayes:
7. Council considered an ordinance mending Chapter 8 of the Code
of Ordinances of the City of La Porte, by adopting the most
recent approved editions of the Standard Building Code, 1991
edition, and appendices; the Standard Plumbing Code, 1991
edition, and appendices; the Standard Gas Code, 1991 edition,
and appendices; the Standard Mechanical Code, 1991 edition,
and appendices; by repealing the required $5,000.00 bond to
be prescribed by the Building Inspector in the instance of
moving of buildings, general and building contracting work,
mechanical work and plumbing work.
The City Attorney read: ORDINANCE 1786 - AN ORDINANCE
AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES OF THE CITY OF
LA PORTE, BY ADOPTING THE MOST RECENT APPROVED EDITIONS OF THE
STANDARD BUILDING CODE, 1991 EDITION, AND APPENDICES; THE
STANDARD PLUMBING CODE, 1991 EDITION, AND APPENDICES; THE
STANDARD GAS CODE, 1991 EDITION, AND APPENDICES; THE STANDARD
MECHANICAL CODE, 1991 EDITION, AND APPENDICES; BY REPEALING
THE REQUIRED $5,000.00 BOND TO BE PRESCRIBED BY THE BUILDING
INSPECTOR IN THE INSTANCE OF MOVING OF BUILDINGS, GENERAL AND
BUILDING CONTRACTING WORK, MECHANICAL WORK AND PLUMBING WORK;
PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS
ORDINANCE SHALL BE DEEMED GUILTY OF MISDEMEANOR AND UPON
CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED
DOLLARS ($200.00); CONTAINING A REPEALING CLAUSE; CONTAINING
A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN
MEETING LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Skelton to adopt Ordinance
1786 as read by the city Attorney. Second by Councilperson
Thrower. The motion carried, 7 ayes and 0 nays.
.
e
Minutes, Regular Meeting, La Porte city council
October 14, 1991, Page 3
Nays:
Councilpersons Sutherland, Thrower, Porter, Gay,
Skelton, Clarke and Mayor Malone
None
Ayes:
8. Council considered an ordinance amending Ordinance No. 1285,
"An Ordinance Implementing Policemen's civil service;
establishing classifications; number of authorized positions
in each classification; establishing pay schedules.
The City Attorney read: ORDINANCE 1285-H - AN ORDINANCE
AMENDING ORDINANCE NO. 1285, "AN ORDINANCE IMPLEMENTING
POLICEMEN'S CIVIL SERVICE; ESTABLISHING CLASSIFICATIONS;
NUMBER OF AUTHORIZED POSITIONS IN EACH CLASSIFICATION;
ESTABLISHING PAY SCHEDULES; CONTAINING A SEVERABILITY CLAUSE";
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; CONTAINING A
REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF."
Motion was made bY Councilperson Clarke to adoDt Ordinance
1285-H as read bY the city Attorney. Second by Councilperson
Porter. The motion carried, 7 ayes and 0 nays.
Nays:
Councilpersons sutherland, Thrower, Porter, Gay,
Skelton, Clarke and Mayor Malone
None
Ayes:
9. Council considered an ordinance approving and authorizing
earnest money contract for purchase of auction barn building
on South Broadway.
The City Attorney read: ORDINANCE 1787 - AN ORDINANCE
APPROVING AND AUTHORIZING AN EARNEST MONEY CONTRACT BETWEEN
NEAL HINSON AND WIFE, SELMA JOYCE HINSON, AND DARRELL WARDEN
AND WIFE, NIXI D'LAYNE WARDEN, AND THE CITY OF LA PORTE, FOR
THE PURCHASE BY THE CITY OF LA PORTE OF THE AUCTION BARN
BUILDING ON SOUTH BROADWAY, FOR A TOTAL CONTRACT SUM OF
$165,000.00; 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 CouncilDerson Skelton to adopt Ordinance
1787 as read by the City Attorney. Second by councilperson
Thrower. The motion carried, 7 ayes and 0 nays.
Nays:
councilpersons sutherland, Thrower, Porter, Gay,
Skelton, Clarke and Mayor Malone
None
Ayes:
10. Council considered a resolution authorizing City of La Porte
to borrow the sum of sixty-five thousand dollars ($65,000.00),
to be evidenced by a tax anticipation note.
.
e
Minutes, Regular Meeting, La Porte City Council
October 14, 1991, Page 4
The city Attorney read: RESOLUTION 91-13 - A RESOLUTION
AUTHORIZING THE CITY OF LA PORTE TO BORROW THE SUM OF SIXTY-
FIVE THOUSAND ($65,000.00), TO BE EVIDENCED BY A TAX
ANTICIPATION NOTE, PAYABLE OUT OF CURRENT TAXES COLLECTED
DURING THE FISCAL YEAR BEGINNING OCTOBER 1, 1991, AND ENDING
SEPTEMBER 30, 1992; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made bY Councilperson Gay to approve Resolution 91-
13 as read bY the city Attorney. Second by Councilperson
Thrower. The motion carried, 7 ayes and 0 nays.
Nays:
Councilpersons Sutherland, Thrower, Porter, Gay,
Skelton, Clarke and Mayor Malone
None
Ayes:
11. Council considered an ordinance disannexing certain territory
heretofore annexed to the City of La Porte.
The City Attorney read: ORDINANCE 1788 - AN ORDINANCE
DISANNEXING CERTAIN TERRITORY HERETOFORE ANNEXED TO THE CITY
OF LA PORTE; PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
Motion was made by Councilperson Porter to adopt Ordinance
1788 as read bY the city Attorney. Second by Councilperson
Thrower. The motion carried, 7 ayes and 0 nays.
Nays:
Councilpersons Sutherland, Thrower, Porter, Gay,
Skelton, Clarke and Mayor Malone
None
Ayes:
12. council considered an ordinance designating certain land now
in the corporate limits of the City of La Porte, Texas, as an
industrial district to be know as "South La Porte Industrial
District"; reserving and preserving all rights, powers and
duties otherwise reposing by law in the City Council of the
City of La Porte.
The City Attorney read: ORDINANCE 1789 - AN ORDINANCE
DESIGNATING CERTAIN LAND NOW IN THE CORPORATE LIMITS OF THE
CITY OF LA PORTE, TEXAS, AS AN INDUSTRIAL DISTRICT TO BE KNOWN
AS "SOUTH LA PORTE INDUSTRIAL DISTRICT"; RESERVING AND
PRESERVING ALL RIGHTS POWERS AND DUTIES OTHERWISE REPOSING BY
LAW IN THE CITY COUNCIL OF THE CITY OF LA PORTE; PROVIDING A
SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
e
e
Minutes, Regular Meeting, La Porte city council
october 14, 1991, Page 5
Motion was made by CouncilDerson Porter to adopt Ordinance
1789 as read by the city Attorney. Second by councilperson
Thrower. The motion carried, 7 ayes and 0 nays.
Nays:
Councilpersons Sutherland, Thrower, Porter, Gay,
Skelton, Clarke and Mayor Malone
None
Ayes:
13. Council considered an ordinance authorizing execution by the
city of La Porte of an industrial district agreement with
Bayshore Industrial, Inc., within the South La Porte
Industrial District for the term commencing January 1, 1992,
and ending December 31, 1998.
The city Attorney read: ORDINANCE 1790 - AN ORDINANCE
AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN
INDUSTRIAL DISTRICT AGREEMENT WITH BAY SHORE INDUSTRIAL, INC.,
WITHIN THE SOUTH LA PORTE INDUSTRIAL DISTRICT FOR THE TERM
COMMENCING JANUARY 1, 1992, AND ENDING DECEMBER 31, 1998.
Motion was made bY CouncilDerson Porter to adoDt Ordinance
1790 as read bY the city Attorney. Second by councilperson
Thrower. The motion carried, 7 ayes and 0 nays.
Nays:
Councilpersons sutherland, Thrower, Porter, Gay,
Skelton, Clarke and Mayor Malone
None
Ayes:
14. Council considered an ordinance approving and authorizing an
employment and lease agreement between the city of La Porte
and Alex Osmond for the city of La Porte Bay Forest Golf
Course.
The city Attorney read: ORDINANCE 1791 - AN ORDINANCE
APPROVING AND AUTHORIZING AN EMPLOYMENT AND LEASE AGREEMENT
BETWEEN THE CITY OF LA PORTE AND ALEX OSMOND FOR THE CITY OF
LA PORTE BAY FOREST GOLF COURSE; 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 CouncilDerson Gay to adoDt Ordinance 1791
as read by the ci ty Attorney. Second by councilperson
Sutherland. The motion carried, 7 ayes and 0 nays.
Nays:
Councilpersons Sutherland, Thrower, Porter, Gay,
Skelton, Clarke and Mayor Malone
None
Ayes:
15. Council considered authorizing lease of copy machines for City
Hall, Public Works and Fire Department.
.
e
Minutes, Regular Meeting, La Porte City Council
October 14, 1991, Page 6
Motion was made by CouncilDerson Skelton to aDprove lease of
Monroe CODY machines for city Hall. Public Works and the Fire
DeDartment. Second by Councilperson Clarke. The motion
carried, 7 ayes and 0 nays.
Nays:
Councilpersons Sutherland, Thrower, Porter, Gay,
Skelton, Clarke and Mayor Malone
None
Ayes:
16. Council considered authorizing repairs to Water Well No. 1 in
an amount not to exceed $17,370; authorize payment of $3,000
for work performed in pulling the pump and inspection of the
well; and authorize funds to be taken from utility contingency
to cover the expenditures.
Motion was made bv CouncilDerson Clarke to authorize reDairs
to Water Well no. 1 in an amount not to exceed $17.370:
authorize Dayment of $3.000 for work Derformed in pullina pumD
and insDection of well: and authorize funds to be taken from
the utility Continaency to cover these expenditures. Second
by councilperson Porter. The motion carried, 7 ayes and 0
nays.
Nays:
Councilpersons Sutherland, Thrower, Porter, Gay,
Skelton, Clarke and Mayor Malone
None
Ayes:
17. Council considered approval of an operator's agreement between
the city of La Porte and the La Porte Area Water Authority.
Motion was made bv CouncilDerson Clarke to aDDrove the
oDerator's aareement between the city of La Porte and the La
Porte Area Water Authoritv. Second by councilperson Thrower.
The motion carried, 7 ayes and 0 nays.
Nays:
Councilpersons Sutherland, Thrower, Porter, Gay,
Skelton, Clarke and Mayor Malone
None
Ayes:
18. Council considered approving purchase of irrigation control
satellite boxes from Goldthwaite's of Texas, sole source
distributor.
Motion was made by CouncilDerson Gay to aDprove Durchase of
irrigation control satellite boxes from Goldthwaite's of
Texas. Second by Councilperson Thrower. The motion carried,
7 ayes and 0 nays.
e
e
Minutes, Regular Meeting, La Porte City Council
October 14, 1991, Page 7
Nays:
Councilpersons Sutherland, Thrower, Porter, Gay,
Skelton, Clarke and Mayor Malone
None
Ayes:
19. Council considered a consent agenda, as follows: (A) consider
awarding a bid for polymer and (B) consider awarding a bid for
tee shirts.
Motion was made bv CouncilDerson Clarke to aDDrove the consent
aaenda as Dresented. Second by Councilperson Sutherland. The
motion carried, 7 ayes and 0 nays.
Nays:
councilpersons Sutherland, Thrower, Porter, Gay,
Skelton, Clarke and Mayor Malone
None
Ayes:
20. Administrative Reports: Councilperson Gay addressed Council
regarding a draft resolution he proposes be taken to the Texas
Municipal League for consideration. The resolution regards
proposed re-districting for Congressional, State of Texas, and
Texas political subdivisions.
Council consensus was that it is a good idea and asked that
an emergency meeting be called for Thursday, October 17, to
take action on this item.
21. Councilpersons Porter and Skelton brought items to Council's
attention.
22. Council adjourned into executive session at 7:23 P.M. to
address the following: (A) Legal - discuss pending law suits
with City Attorney; (B) Report - receive a report from the
city Manager on East "E" Street; (C) Report - receive report
from city Manager on Port Auto Truck stop. Council returned
to the table at 8:43 P.M. The Mayor announced no action taken
on any executive session item.
23. There being no further business to come before the Council,
the meeting adjourned at 8:44 P.M.
Respectfull)?jubm~tted:
~~
Cher1e Black, C1ty Secretary
Passed and Approved this the
2~day of October, 1991
'o(fZlIlt!tC~~~
e
e
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
October 14. 1991
Requested By:
S. Lenes
Department: Administration
x
Report
Resolution
Ordinance
Exhibits: Evaluation of Communication System Proposals for the
the City of La Porte
*****************************************************************
SUKHARY , RECOMMENDATION
The ci ty of La Porte telephone system has been in place for
fourteen years. The technology is out dated and at present is not
providing the city the ability to serve the citizens nor city
management to the best of its ability.
The city Manager enlisted the services of one of the top
consultants in the communication engineering management field for
voice, data and video telecommunications systems, Mr. Jim sinopoli
of OTM Engineering. Mr. Sinopoli conducted an in-depth assessment
of telephone system needs for the City of La Porte. This study
revealed the need for request for proposal for telecommunication
system at city Hall, Police Department, Fire Administration, Public
Works complex and the new Park and Recreation facility, and cabling
between the City Hall and the Police Department.
Mr. Sinopoli recommends the Northern Telecom system proposed by GTE
because it meets the requirements for capacities and functions.
The company is financially sound and GTE has a large maintenance
and service support staff in the La Porte/Bay town area. Also, GTE
is an international telecommunications company and the equipment
is state-of-the-art.
Staff recommends awarding a contract to GTE in the amount of
$149,558.00.
Action Required by Council:
*****************************************************************
Availability of Funds:
General Fund Water/Wastewater
X capital Improvement General Revenue Sharing
Other
Fund Numbers: 003:015
Funds Available: ~ YES
NO
*****************************************************************
Approved for city Council Aaenda
G~ T. l~
Robert T. Herrera
City Manager
I" "8-1\\
DATE
*****************************************************************
.
e
ORDINANCE NO. 11~S
AN ORDINANCE APPROVING
THE CITY OF LA PORTE,
FINDINGS AND PROVISIONS
WITH THE OPEN MEETINGS
AND AUTHORIZING A CONTRACT BETWEEN G.T.E AND
FOR A TELEPHONE SYSTEM, MAKING VARIOUS
RELATING TO THE SUBJECT, FINDING COMPLIANCE
LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the
contract, agreement or other undertaking described in the title of
this ordinance, in substantially the form as shown in the document
which is attached hereto and incorporated herein by this reference.
The 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 14th day of October, 1991.
C IffY OF LA PORTE
BY
Norman L. Malone, Mayor
ATTEST:
Cherie Black
~;~
Knox W. Askins
City Attorney
. f '.
, :" <
\,J , ;
.
.
CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
OCTOBER 3, 1991
TO:
FROM:
SUBJECT:
Mayor and City Council
Robert T. Herrera, City Ma~~.
New Telephone System
The City has received six (6) proposals from four firms on the above subject.
Attached please find an evaluation on this procurement effort. The report
recommends the City enter into contract negotiations with GTE Southwest for the
Northern Telecom telephone system.
Staff concurs with the recommendation. Budget funds for a new system were set
aside in the amount of $160,000. The proposal submitted by GTE Southwest will
cost $149,558.
xc: Executive Staff
,.
-
~
Y' , fA'
- v (; \' ^ftV
.\}v l ~,/,.
\f ~\ J:r
e
e
..:
CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
AUGUST 21, 1991
TO:
FROM:
SUBJECT:
Mayor and City Council
Robert T. Herrera, City Manage~~~
Telephone Assessment, Study
Please review the attached report at your leisure. It addresses the
communication service levels of the City and a recommended system.
We anticipate opening bids for this communication tool in September 1991 with
an award shortly thereafter.
A complete bid specification proposal is maintained by the City Secretary's
office and is available for review.
RTH/ms
.
.
REQUEST FOR CITY COUNCIL AGENDA ITEM
=================================================================
Agenda Date Requested: October 14, 1991
Requested By:
Ervin J. Griffith
Department: Community Dev.
Report
Resolution
x
Ordinance
Exhibits:
1. Adoption Ordinance
2. Code Changes From 1985-1988 and 1988-1991
=================================================================
SUMMARY & RECOMMENDATION
Summary:
The City has been operating under the 1985 Edition of the
Standard Building Code Package since March 9, 1987. The time has
come to look at updating to a more current edition. The update
will allow the use of new materials and methods of construction
that could reduce the cost in many structures.
Recommendation:
Staff recommends adoption of the 1991 Standard Code Package.
Action Required by Council:
1. Adopt 91 Codes
2. Reject 91 Codes
3. Table for further study
----------------------------------------------------------------
----------------------------------------------------------------
Availability of Funds:
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
Funds Available:
Yes
No
Approved for City Council Agenda:
Q:r~
Robert T. Herrera
City Manager
\o.q.q(
Date
-----------------------------------------------------------------
-----------------------------------------------------------------
e
e
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES OF THE
CITY OF LA PORTE, BY ADOPTING THE MOST RECENT APPROVED EDITIONS
OF THE STANDARD BUILDING CODE, 1991 EDITION, AND APPENDICES; THE
STANDARD PLUMBING CODE 1991 EDITION, AND APPENDICES; THE STANDARD
GAS CODE, 1991 EDITION, AND APPENDICES, THE STANDARD MECHANICAL
CODE, 1991 EDITION, AND APPENDICES; BY REPEALING THE REQUIRED
$5,000.00 BOND TO BE PRESCRIBED BY THE BUILDING INSPECTOR IN THE
INSTANCE OF MOVING OF BUILDINGS, GENERAL AND BUILDING CONTRACTING
WORK, MECHANICAL WORK AND PLUMBING WORK; PROVIDING THAT ANY
PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED
GUILTY OF MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY
SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00); CONTAINING A
REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETING LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
Section 8-13 of the Code of Ordinances of the
City of La Porte is hereby amended, to hereafter read as follows,
to-wit:
"Section 8-13. Adopted
The Standard Building Code, 1991, or latest approved
Edition, and appendices as adopted by the Southern Building
Code Congress International, a copy of which is on file in
the office of the City Secretary of the City of La Porte"
Harris County, Texas, is hereby adopted and designated as
the Building Code of the City of La Porte, incorporated by
reference In this article, and made a part hereof, as fully
as if copied at length herein."
Section 2. Section 8-16 of the Code of Ordinances of the
City of La Porte is hereby amended, to hereafter read as follows,
to-wit:
"Section 8-16. Standard BuildlnQ
Standard Building Code, heretofore
Council of the City of La Porte, be,
amended to read as follows, to-wit:
Code Amended. The
adopted by the City
and the same is hereby
Section 3. Section 8-18 of the Code of Ordinances of The
City of La Porte is hereby repealed.
Section 4. Section 8-19 of the Code of Ordinances...Moving
of Buildings - Liability Insurance.
"(2) The minimum sum of one hundred thousand dollars
($100,000) for property damage for anyone accident."
Section 5. Section 8-20 of the Code of Ordinances of the
City of La Porte is hereby repealed.
Section 6.
Section 8-21 of the Code of Ordinances of the
City of La Porte is hereby amended, to hereafter read as follows,
to-wit:
e
e
Ordinance No.
, Page 2
"Section 8-21. General and Building Contractors - Liabilitv
Insurance. No permit shall be issued for any general or
building contracting work, as said work is defined within
the Standard Building Code, 1991 Edition, until the general
or building contractor or his employer shall have arranged
to carry the following insurance:.,."
Section 7.
Section 8-22 of the Code of Ordinances of the
City of La Porte is hereby amended, to hereafter read as follows,
to-wit:
"Section 8-22. Plumbinq & Mechanical Contractors
Liability Insurance. No permit shall be issued for any
plumbing contract work, as said work is defined within the
Standard Building Code, 1991 Edition, until the plumbing
contractor or his employer shall have arranged to carry the
following insurance:..."
Section e.
Section 8-26 of the Code of Ordinances of the
City of La Porte is hereby amended, to hereafter read as follows,
to-wit:
"Section 8-26. Adopted.
The Standard Plumbing Code, 1991, or latest approved
Edition, and appendices, as adopted by the Southern Building
Code Congress International, a copy of which is on file in
the office of the City Secretary of the City of La Porte,
Harris County, Texas, is hereby adopted and designated as
the Plumbing Code of the City of La Porte, incorporated by
reference in this article, and made a part hereof, as fully
as if copied at length herein."
Section 9. Section 8-28 of the Code of Ordinances of the
City of La Porte is hereby repealed.
Section 10. Section 8-49 of the Code of Ordinances of the
City of La Porte is hereby amended, to hereafter read as follows
to-wit:
"Section 8-49. Ado~ted.
The Standard Gas Code, 1991, or latest approved Edition, and
appendices as adopted by the Southern Building Code Congress
International, a copy of which is on file in the office of
the City Secretary of the City of La Porte, Harris County,
Texas, is hereby adopted and designated as the Gas Code of
the City of La Porte, incorporated by reference in this
article, and made a part hereof, as fully as if copied at
length herein."
e
e
Ordinance No.
Page 3
Section 11. Section 8-66 of the Code of Ordinances of the
City of La Porte is hereby amended, to hereafter read as follows,
to-wit:
"Section 8-66. Adooted.
The Standard Mechanical code, 1991 or latest approved
Edition, and appendices as adopted by the Southern Building
Code Congress International, a copy of which is on file in
the office of the City Secretary of the City of La Porte,
Harris County, Texas, is hereby adopted and designated as
the Mechanical Code of the City of La Porte, incorporated by
reference in this article, and made a part hereof, ai fully
as if copied at length herein."
Section 12. Section 8-67 of the Code of Ordinances of the
City of La Porte is hereby repealed.
Section 13.
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 the 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 14.
Any person, as defined in Section 1.02 (27),
Texas Penal Code, who shall violate any provision of this
ordinance, shall be deemed guilty of a misdemeanor and upon
conviction shall be punished by a fine not to exceed Two Hundred
Dollars ($200.00). Each day of any violation of this ordinance
shall continue to constitute a separate violation.
e
e
Ordinance No.
, Page 4
Section 15. 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 Statues 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 16.
"
f
This Ordinance shall be effective fourteen (14)
days after its passage and approval.
The City Secretary shall
give notice of the passage of this Ordinance by causing the
caption hereof to be published in the official newspaper in the
City of La Porte at lease twice within ten (10) days after the
passage of this Ordinance.
PASSED AND APPROVED THIS THE
DAY OF
, 1991.
City of La Porte
By
Norman Malone, Mayor
ATTEST:
CITY SECRETARY
A;;:~~
CITY ATTORNEY
.
e
REQUEST FOR CITY COUNCIL AGENDA ITEM
October 14, 1991
RigbY ~ Department:
Human Resources
Agenda Date Requested:
Requested By:
Louis
R~port
Resolution
x
Ordinance
Exhibits:
Ordinance No. 1285-H
SUMMARY & RECOMMENDATION
Ordinance No. 1285 which implements Civil Service and establishes
classifications and pay schedules requires revisions when changes
in classifications and/or pay schedules occur.
Ordinance No. 1285-H reflects the restructured salary plan and
the addition of two patrol officers as approved by Council during
the budget process for fiscal year 1992.
Action Required by Council:
Approval of Ordinance No. 1285-H.
Availability of Funds:
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
NIA
Funds Available: ___ Yes ___ No
AODroved for City Council Aqenda
Q~T. ~
Robert T. Herrera
City Manager
--,04,\.. 'l.l
Date
e
.
ORDINANCE NO. l285-H
AN ORDINANCE AMENDING ORDINANCE NO. 1285, "AN ORDINANCE IMPLEMENTING
POLICEMEN'S CIVIL SERVICE; ESTABLISHING CLASSIFICATIONS; NUMBER OF
AUTHORIZED POSITIONS IN EACH CLASSIFICATION; ESTABLISHING PAY
SCHEDULES; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; CONTAINING A REPEALING CLAUSE; AND PROVIDING
AN EFFECTIVE DATE HEREOF".
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Section 3 of Ordinance 1285 is hereby amended and
shall hereafter read as follows, to wit:
"Section 3. There are hereby established the following
number of authorized positions in each of the foregoing
classifications, to wit:
CLASSIFICATION
Police Officer
Sergeant
Lieutenant
NUMBER OF AUTHORIZED
POSITIONS
36
9
3"
Section 2. Section 4 of Ordinance 1285 is hereby amended and
shall hereafter read as follows, to wit:
"Section 4. There are hereby established the following
annual pay schedules for each classification, based upon time of
service within said classification, to-wit:
Salary Per Year
Under 6 mo. or
until completion
of Police Under Over Over Over Over Over Over
Academy 12 mo. 12 mo. 24 mo. 36 mo. 48 mo. 60 mo. 84 mo.
POLICE
OFFICER 21,528 23,005 24,211 25,709 28,662 29,224 31,200 31,824
SERGEANT 32,781 33,446 34,112 34,798 35,485
LIEUTENANT 36,546 37,274 38,022 38,792 39,562"
Section 3. Except as hereby amended, Ordinance No. 1285, as
amended shall remain in full force and effect.
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
..
e
e
ORDINANCE NO. 1285-8 Page 2
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 take effect and be in force
as of October 1, 1991.
PASSED AND APPROVED, this the 14th day of October, 1991.
CITY OF LA PORTE
BY
Norman L. Malone, Mayor
ATTEST:
Cherie Black
City Secretary
APPROVED: ~
~ttJ .
Knox W. Askins
City Attorney
RE~ST FOR CITY COUNCIL AGEND~ITEK
--------------------------------------------------------------------------
--------------------------------------------------------------------------
Agenda Date Requested:
October 14. 1991
Requested By: Robert T. Herrera
Department: Administration
Report
Resolution
xxx
Ordinance
Exhibits:
Ordinance
Tax Anticipation Note
Earnest Money Contract
--------------------------------------------------------------------------
--------------------------------------------------------------------------
SUKKARY , RECOMMENDATION
Attached is an Earnest Money contract for the City's purchase of the auction
barn building on South Broadway, next to the La Porte Recreation Center.
Under the Contract, the City would purchase the property for $ 165,000, with
$ 1,000 earnest money, and $ 99,000 cash downpayment at closing on October
16, 1991. The balance of $ 65,000 would be represented by a tax anticipation
note which will be prepared, with zero interest, payable July 1, 1992. In
lieu of interest, the sellers will continue to collect rent through November
30, 1991.
The attached Ordinance approves and authorizes the earnest money contract.
Action Required by Council: Adopt Ordinance approving and authorizing
earnest money contract, and approve tax anticipation note as a separate item.
===========================================================================
Availability of Funds:
General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other (None required)
Account Number: Funds Available: YES NO
===========================================================================
ADDroved for city Council Aaenda
6<~\. ~
Robert T. Herrera
City Manager
to-~ -'\\
DATE
===========================================================================
e
.
ORDINANCE NO.
AN ORDINANCE APPROVING
BETWEEN NEAL HINSON AND
AND WIFE, NIKI D'LAYNE
PURCHASE BY THE CITY
SOUTH BROADWAY, FOR
VARIOUS FINDINGS AND
COMPLIANCE WITH THE
DATE HEREOF.
AND AUTHORIZING AN EARNEST MONEY CONTRACT
WIFE, SELMA JOYCE HINSON, AND DARRELL WARDEN
WARDEN, AND THE CITY OF LA PORTE, FOR THE
OF LA PORTE OF THE AUCTION BARN BUILDING ON
A TOTAL CONTRACT SUM OF $165,000.00; MAKING
PROVISIONS RELATING TO THE SUBJECT; FINDING
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the
contract, agreement or other undertaking described in the title of
this ordinance, in substantially the form as shown in the document
which is attached hereto and incorporated herein by this reference.
The 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
publip 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 14th day of October, 1991.
CITY OF LA PORTE
BY
Norman L. Malone, Mayor
ATTEST:
Cherie Black
City Secretary
A~tJ
Knox W. Askins
City Attorney
.~
e
e
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY OF LA PORTE TO BORROW THE SUM OF
SIXTY-FIVE THOUSAND ($65,000.00), TO BE EVIDENCED BY A TAX
ANTICIPATION NOTE, PAYABLE OUT OF CURRENT TAXES COLLECTED DURING THE
FISCAL YEAR BEGINNING OCTOBER 1, 1991, AND ENDING SEPTEMBER 30,
1992, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING
AN EFFECTIVE DATE HEREOF.
WHEREAS, it has been determined by the City Council of the City
of La Porte that a necessity exists to borrow not to exceed the sum
of Sixty-five Thousand Dollars ($65,000.00), for payment of lawful
expenses of the CitY1
WHEREAS, Neal Hinson and wife, Selma Joyce Hinson, and Darrell
Warden and wife, Niki D'Layne Warden, have agreed to purchase the
City's bearer note in said sum, without interest, to be due and
payable in full on or before the 1st day of July, 19927
WHEREAS, the City will have current revenue from the collection
of said taxes available and sufficient to pay said obligation at
maturitY1
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LA PORTE
Section 1. The Mayor and the City Secretary shall be
authorized to issue a bearer promissory note of the City (a true and
correct copy of which is attached hereto as Exhibit "A",
incorporated by reference herein, and made a part hereof for all
purposes), to be designated "Tax Anticipation Note for the Fiscal
Year Beginning October 1, 1991, Ending September 30, 1992", such
note to be in the principal sum of Sixty-five Thousand Dollars
($65,000.00), without interest, providing for ten percent (10%) per
annum interest on matured unpaid principal and interest from date of
maturity until paid, and ten percent (10%) attorney's fees, such
note to be due and payable in full on or before July 1, 1992; and
that said note be sold by the City of La Porte to Neal Hinson and
wife, Selma Joyce Hinson, and Darrell Warden and wife, Niki D'Layne
Warden, at not less than par value. When such note has been duly
executed by the Mayor and City Secretary and delivered to said Neal
Hinson and wife, Selma Joyce Hinson, and Darrell Warden and wife,
Niki D'Layne Warden, with a certified copy of this Resolution, such
indebtedness thereby evidenced shall be fully binding upon the City.
Section 2.
The City of La Porte hereby appropriates and sets
aside the sum of Sixty-five Thousand Dollars ($65,000.00) out of the
current revenues from the collection of ad valorem taxes for the
payment of such indebtedness.
e
e
RESOLUTION NO.
Page 2
Section 3. The City Council officially finds, determines,
recites and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City of La Porte, Texas for the time required by law preceding this
meeting, as required by the Open Meetings Law, Article 6252-17,
Texas Revised Civil Statutes Annotatedr and that this meeting has
been open to the public as required by law at all times during which
this resolution and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the contents
and posting thereof.
Section 4. This Resolution shall be in effect from and after
its passage and approval.
PASSED AND APPROVED this the
day of
, 1991.
CITY OF LA PORTE
By:
Norman L. Malone, Mayor
ATTEST:
Cherie Black, City Secretary
APPROVED, ~
~-crJ . .
Knox W. Asklns, Clty Attorney
.
e
City of La Porte
La Porte, Texas
TAX ANTICIPATION NOTE
For the Fiscal Year Beginning October 1, 1991
Ending September 30, 1992
$65,000.00
La Porte, Harris County, Texas
October 14, 1991
For the value received, the City of La Porte, a municipal
corporation, of La Porte, Harris County, Texas, does hereby promise
to pay to the order of NEAL HINSON and wife, SELMA JOYCE HINSON, and
DARRELL WARDEN and wife, NIKI D'LAYNE HINSON, not to exceed the sum
of SIXTY-FIVE THOUSAND DOLLARS ($65,000.00), in legal and lawful
money of the united States of America, without interest thereon from
date of advance or advances hereunder until maturity, matured unpaid
principal and interest shall bear interest at the rate of ten
percent (10%) per annum from date of maturity until paid.
This note is due and payable in full on or before July 1, 1992.
It is expressly provided that in the event default is made in
the prompt payment of this note when due or declared due, and the
same is placed in the hands of an attorney for collection, or suit
is brought on same, or the same is collected through bankruptcy or
other judicial proceedings, then the makers agree and promise to pay
ten percent (10%) additional on the amount of principal and interest
then owing, as attorney's fees.
Each maker, surety and endorser of this note expressly waives
all notices, demands for payment, presentations for payment, protest
and notice of protest, as to this note.
Payment hereof is secured by an appropriation from current tax
revenues of the City of La Porte. A certified copy of the
Resolution authorizing the borrowing of the sum of Sixty-five
Thousand Dollars ($65,000.00) and the issuance of this Tax
Anticipation Note, is hereto attached.
City of La Porte
By:
Norman L. Malone, Mayor
ATTEST:
Cherie Black, City Secretary
( .
.
e
ORDINANCE NO.
AN ORDINANCE DISANNEXING CERTAIN TERRITORY HERETOFORE ANNEXED TO THE
CITY OF LA PORTE, PROVIDING A SAVINGS 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 territory described on Exhibit "A" which is now
entirely located within the corporate limits of the City of La
Porte, Texas, by prior annexation ordinances of the City of La
Porte, is hereby disannexed from the corporate limits of the City of
La Porte, and, after the effective date of this Ordinance, shall not
constitute a part of the corporate territory of the City of La
Porte.
Section 2. Nothing herein contained shall affect the validity
of the remaining portion of the Ordinance or ordinances under which
the hereinabove described territory was originally annexed, and it
is the intention of the City Council of the City of La Porte that
only the above described territory shall be disannexed from the
corporate limits of the City of La Porte, Texas.
Section 3. The City Council officially finds, determines,
recites and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
Civil Statutes Annotated; and that this meeting has been open to the
public as required by law at all times during which this ordinance
and the subject matter thereof has been discussed, considered and
formally acted upon. The City Council further ratifies, approves
and confirms such written notice and the contents and posting
thereof.
Section 4. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this
day of
, 1991.
C I'fY OF LA PORTE
BY
Norman L. Malone, Mayor
ATTEST:
Cherie Black, City Secretary
~
A~~VED:
-~~).
I .
.
e
EXIIIBIT "A"
SOUTII LA PORTE INDUSTRIAL DISTRICT
All that certain tract or parcel of land, consisting of 32.9112 acres in the W.P.
Harris Survey, A-30, lIarris County, Texas:
BEGINNING AT THE intersect ion of the south right-of-way 1 ine of McCabe Road
and the west right-of-way line of State Highway 146;
THENCE in a southerly direction coincident with the west right-of-way line
State lIighway 146 to its intersection with the north boundary of the
former Bayshore Municipal District Sewage Disposal Plant a 4.069 acre
tract ;
TIIENCE northerly and westerly coincident with the eastern and northern
boundaries of the former Bayshore Municipal District Sewage Disposal
Plant a 4.069 acre tract to its intersection with the east right-
of-way of the G.II.& S.A. Railroad;
THENCE northerly coincident with the east right-of-way line of G.lt. & S.A.
Railroad to its intersection with the westerly projection of the
south right-of-way of McCabe Road;
THENCE easterly along the south right-of-way line of McCabe Road to the
POINT OF BEGINNING, said tract being 32.9112 acres.
Said 32.9112 acres being more particularly described In Exhibit "A", Tract 1,
Tract 2, and Tract 3 Oayshore Industrial, Inc.
.
e
EX H I B I 'r II A n
THAC'l' 1
BAY'SIIORE INOUS'1'RIA[~, INC.
Being 14.6253 acres of land out of the C.l". McCabe 28 acre tract In
the W.P. lIarris Survey, Abstract No. 30, lIarris County, '1'eKas, saLd
tract being described as follows: Bearings are based on North 010
35' 20" West as per record descr Lption.
BEGINNING at a point on the Westerly right-of-way line of re...,10cated
state lIighway No. 146, where same intersects the South right-of-way
line of McCabe Road (80 feet wide) saLd point being marked by a 4 x
4 concrete right-of-way marker (top now broken off) for the
Northeast corner of the herein described tract,
'rllENCE South 230 40' 36" West, with the Westerly line of said State
lIighway 146, a distance of 501.21 feet to a 4 )( 4 concrete right-of-
way marker for corner, said point being the Northeast corner of a
called 18.4285 aore tract nO\'1 or formerly owned by the Carla
Company, et al,
'l'IIBNCE South 000231 39" \~est, along the North line of said 18.4285
acre tract and generally along a f.ence (as shown on survey map) at;'
250.40 feet passing the center line of lIarris County Flood Control:
Easement No. 1\104-09-00, at 710.25 feet and 0.32 feet South passing
a 2 inch pipe, at 1009.00 feet passlng a 1/2 Ineh lron pipe on line
and continuing in all 1040.61 feel: to an Iron "'1'" rall fence post
set in concrete (found broken off: level with the ground and leaning-
reset) for corner, said point being in the gast right-of-way line of
the Sou the r n Pac i f i c R a i1 r 0 ad 1 0 0 f 00 t r i9 h t - 0 f -'oJ a y (b a sed on the
center line location of tracts),
'l'lIl~NCI!: North 010 351 20" West, along the East line of said railroad,
530.60 feet to a 5/0 inch iron rod sel: for corner from whLch a 3/4
inch iron pipe is found 1.60 feet South and 1.10 feet East, said
point being in the South line of saLd McCabe !load,
'rllENCB Nor th 000 351 30" East, along the South line of McCabe Road
and generally parallel to and 1.00 f.eet North of a fence at ]1.01
feet and 2.50 feet South passing a 3/4 inch lron pipe at 103.10 feet
pasalng the center line of said drain easement and continuing in all
1347.51 feet to the PLACE OF BEGINNING and contalnlny witl\in these
calls 14.6253 acres of land.
e
e
EX" I B 1'1'
n 1\ n
'I' H 1\ C'1' 2
B1\YSIIOIH~ INf)US'rRIl\J~, INC.
Baing u 0.1300 tlcre l'l:nct of I/llHI ]oclltlld JII tllu II. I'. IIurr1.tf SurvllY, A-)O,
Jlllrria County> Tcxasj lIu1.11 0.130U IIcru ll'act uf lUlId huinu Ollt uf LIlIIt curl:/lll1
10./1205 acrc tl-act of 1.111111 conveyed by 1/0'"(: (hmel-s lllVIHllllllWt COIIIPUIIY to II.
'1'. C/Il-ter; Trustee lllld Lu1.IIU thu twcolltl lnlCl au IlIclll:lunutl in tlte Jut:/) of l-uconl
fHed ulltlur 1I/l1'1-1.a County Clerll'l) FlJe I/u. E11l7Cl60. Till! 0.1300 IlCl'C trnct of
Illnd ia lIIure p"rtlcII1111-1y t1eacrltJed by IlIcltH~ allu IHllII\llu au fol10\loj
Ilc(!111111111l lit U 1Il1Hu l. post 111 CO'tI:I'Lllt":, fOllllll for thl! lIortliuuut col'twr uf
the hereto described tractj fJa1t1 poJllt heJIl!: colllcIdunt Il1l11 the Ellslt.;rly Loullt..lury
11.110 of: of tltu 0.11. b S.h.H.It. CUIIII'""Y IUO fuel l.ddu r1(jllt-uf-uIlY lIud Ill.:JIIU
till! SUl/lllIJ\.!lJt conwr uf tlllll CIHl/l'111 fI..',S IIC1'I.! lrllcl of )lIl1d L'ul'lIwrJy oll"u.1
hy C. 1-'. "'c<';uhe.
Thence, 110002)' 39"!U coincJdunt 1I1tlt ll'Ll Bouth uuulIJlll'Y UIIO or lito
"fIH-elwld 1'..'.5 acr~ tr8c~..:'of',)1I1lIli II dlstllllcu of 50.UO fl!et to II 1/1 inch trOll
L' 0 dUll t f 0 &: :t II u "0 n: It U 1111 t co nil.! r 0 f t "u IIU t- U III II u tJ C 1'1 II ~ ,I t: r 1\ C t 0 f J II Ill.!.
'I'ltuIICU, S 90 10' <!1I" Hi /I t1Jut'"ICU of :l11l1.O() fuut to II 1/2 JIII:II h'oll roel
IWI: fur till! Sout:h\Juut cornor IIf.tlltu O.IJIJlj lien! trllet of llllld.
'1'ht:HICll, II ]0 J5,1 20" IIi coJllclt1l.:IIt \lLth the Enslcrly rluht-of-ulJY Uno
.
() f l II e n for e s n i d G. II. b tJ. ^ . H . n. UIl d t II ~ \I e Ii t a rl y U 0 1/11 II 111' Y 11 n C 0 e t h (: ufo r e B II it)
11I,f1:U1~i IIcr'u trlte!:i " .\1UI:III1CU ilL' 1!J7.55 (!Jul lLJ lhu 1'0111'1' 01: IIEGLlWHlG.
j4-~J f ~/
~~~ F. BECK
TEXAS HEGlSTEfUW J'UUUC SUHVI~YOIt 110. 2021
n
\~.OFr,
'\ ............ ....~-J-
').' -QS'- '..-t'
It..... \.....,.7 ',.I.J'
. I ~ ~ ~
............... ,.
- JA/.IES r.",iii:ii"'"
, " ~"..... . .,.. ....,. . . ....
-0"'0 20C! 1 ,:
c,'. .9~ ~ "~V
6":-.~':J rc.\l~;,,:'t:)
. (,{."".". ~"'
-< SUi\'-J ~
~~,...~-
/l^TE: NOVHIIIEIl 12 11901
JOIl 110. \1.36-01
e
e
E )( II I B I '1'
11/\ II
'l'RACT )
BAYSIIORE INDUSTRIAl., INC.
t:l(~ING ilL 1551 aCI'e~l ,:0/' 1;,11'111, 1,1':'1'''' ':'1' Il?fis, uelr.u ,i\ PilI'1; eo/' il
c,:d lHl:l. Ill. '1;::(\5 aCI'8 It'~lct; .:01' IcH,d, foil t;l,lillf:!d in \;III~ U. P. Ilell'l'IS
!:llll'Vt?)o', f-\I.l!5 (; l'i\C (; NCI. 30, Hill'I'i:::; 1'.:':".1"'.1; y, le 1\ ~ Ii, clr,d LIe i nil I'I':'I'~
pen'\; lculat'ly dliHlct'lb8d by "18\;OS ,lr,e1 u.,:.I.II',lJ6 hti 1'.:01 1,:,wlH
1)
BEL31NI~JI.J(] al; a'l hleh IIY', Ir,cl. c':'rll':I'f1b~ l'ilJlll;-.:.f-~'';IY "lill'I',PoI'
fO'.Ii',r! 1":'1" \;he N,:..'I;IIP.HGI; C',:'I'r,C'I' ':'/' l:hu hOl"f:!i,', r\(HiCI'iIIHcl 1;1'.:lcl; .;lr,rJ
lhe fk'lll:heC\st c.:.,'rll"H' oj' n III. '15 l\CI'I~ \;1'ar.I;, in tlll~ "p.s'(;I~I"Y
l'il1hl;-'~:.f-wi.lY I il'll:! ,':01' BI:,:lb'! lIiUIIlICI~1 II.:., I/IE, hl:!lrllJ 1.:.ca\;t~II fj,:'111;1l
i~3 de!ll'llllS, 3f. hllnlll;eH., 01 w~c':'I'.c1~ 1,lmsl:, i:\ IllntilnCl! '.::.f ::'U7.5i.=.
feet (1":'111 a 'I ir,c/) hy 'I Irll,:h C':'I".CI'nl;l:J l'iUII!;.-.:./'-."ay IIlill'I'.l:I' I:O::...I....rI
at. tIlE' Ir,(;e.'sC:!c(;)or'l .,:.f l:lt~ I.Jnnb~...ly I'l!lltl:-.:.f-IUI}' 'Irli! ,:0/' Sl;lIl;u
Hi(JllI--Iay N,:,. I'd:. I..,\\;h t."l~ !l,)I.d;lllwly I'inh\;-'(If-'I.H\Y Ih.t! (,f /tIcCc:dJI:
/(Oc.ld i
1IIEI-lCE' fk,I.l(;h 23 lh?U"e!?!;, ~',,) lid r,I,llI,!!;, ti5 E.HC'(i(,cls lh:!st (c." I "~d
N,:,,"!;h 2.=! dl?lll'f:!8S, ::~5 "dl"'.ltl,ifi. :~::j liI!l:.:.nc,ls F..':tl;\;) iol':'J"lI iH.d I-lith tllll
\'/Il!5l:t-!I'ly I'lnh\;-.:.f-~IC\Y I in.: ,;.f UJ;..:d;u Iliflln";IY Ik.. ','tE, ..'\ (liHlcII'lC~
01' L~EF....'311 feet l;,:. iI 'I irll-:I, hy " ir,clI r.:':.rlrTI~le I'ifllll;-':o/"''''<IY
1".:.r".Il,II!'r,l; f':'I' (:.:II'I'IL'H' Ir, il I'l.I(lI'~n 111'''!l, lll:!ir'lJ ir. lilt:: Ei\utul'ly l1(le
0::.11' "I 'l.tlJF..'3 lICI'e \;1'':IcI; IJC 1.:.1'ldi
'.
,
.,.,.,EI>lCE HOI'l;h 13 d!?UI'l:!illH, 31 ,.,ir",llus, 3~1 ~lH:C'I'ldEi E.!lst (cc,lla:lf
S,:oI.tl;1l llll rJl!!U"f:!8S, 2';} IIlir,I.ltl:JU, lb~) tilfC':"I'.ds !-I.Hi!;) il rH!3telrlt:U .;0/'
15'1. "'8 "flet; \;(;1 "I p.:,1 I'll; ,'.:,,' C':'I'I'.HI' i 1'. I....;.r":.,.ul;n lll; ," /'~J'II:W c',:'I',.,ul'i
THEI-lI-:E 8,:01.\(;1'1 B'3 de!lI'0f.1~1 ,:0 't1lr"ILuli, ',':1 S.I!c.::,r,ds !-Inu!; il r.Il!;;t31',cl1l
I:.f 3~ltb. 7', feel; 1;0 .:I Ih~.il'll; ,',:,,' c,:,,'r.8I' il'. C'.:.r'.I:I'I.)l;ltl .,,!; .!I ft.H'C~
corTIl:wl In 1I1u Eil!:.il:t:H'ly I ir.e ,:..f 1I.", 13. H. Il n. f\. n. n. C,;"
I'. i Ulll; -ol'-a.-'c:1Y i
TIIEI-ICr: l'k..'l;h 1lI7 r11?!J1'I!U!.i, 3:i 111i....'d:l!~;1 i:'0 f:l1CC,r.l/5 I.II~s\; al.::,rlO arid
wi 1:1'1 \;he Ea!.ilawly I ir,~ of !:iid" 13. II. Lt., !1. n. It. n. Co::'.
,'i!Jhl;-',:,f-way, a t1lslc:\rccn ':0/' II':JI. I,fl reol; l:,:, i\ l/.~ Ir,cll il'I~Y1 pipe
Hut 1'01' (:':"'I',el', bE! i I'I!I 1;I11:J IIII:'U\; tk".llIl C;':'I'I'.I",I" .:,,: il Ill. I ~1l,U i.Il:l'I;!
\; ,'ile I: i
TIIEI'-lCF ,-1':'1'(;1. Ill';) r1n[l"f!f?!:i, II/I..ti 1"'.llL,ni, ;:::~'i secl:'(fc/!.i Ei!I:51: a
.~.f i:~I/'''I.llJ fel:il; 1;.:. 0:1 I/;? i,',r:1l il'.:,.r, pipl:! ul~1; f':'I' till:! 1I1.:.st
C.7,ll'I'111I' 0:',' s,,'\id VI. 1300 j\CI'~ Ll'''''::\; ':'" lill'.d. iI', the !:k'l.Illl
I',. 'I~'j CI!:.'I'O ll",OIcl; .:.01' I ell'lll i
.,15 t .l\YtCP.
E i\!:;l:
Ii. ,f:! I:' f i.\
"'I'IEI~CE "'('I'th on d(!lJI'~fHi, .:.": I,drll,";';:~'i, 5'J fip.C(.r.cJs caul; ICi.t11~d
f.k'l.l\;h An dlilU1'8EHi, 2', ..d (,I.lI:IHi, ~jl\ socol'lllu ~IIHi(;) cd,,:'l'IH ilr,d I~i t/) tll~
nOllth I ir.u t:,.f Eii:\id I'.. '15 ,:\CI'I' 1;1'.hCl ,:'.f I.tr.d, oil I:IiGt.:Hlt.::U col' Y02. c:.-/
/'el~l to I;IH~ Plil!:'l:! Of EJnuh,rdl"[/ cH,II co:.,.d;i.lirdr'lJ It\. I:."jtil oO\CI'~S .:.1'
1 ':1 (,U , III.;) I" e u I' 1 1i!!3 5 .
4)<, """'''''' 'hUtf MI
.....~IA" 1.4(11)',- I 0"'11_"11 I'" "'1 A'If'
rilE 5 I A I L ();'l~ ~~sJ llllf'I<,O "-0 I~ ':.i ::'m,~ ~:1.ClI :.,,,~ I' AI
. . COIJN' ~ VI' """((IIS · 'UH., II...
I II~I'lJV ,...., I' Ih '
5.:1'"'"':11 Oil.' ~ "1 .~ '"I"""1t1l1 IIU IIIEII .
Ih,lv II( rUl/llr It :1~/'hL,1111t lilli, 1I11/'I'UJllclc ..:: r I/c "UIII!.ot,
Ilutil (OVlIl,. ,i:,') :'C1 "",I I'II!J,,( Illtti'ell O"Hr:I',"e:~.... .'1
'O/lC'" ..I
, 1 A" II lnnn
'.
e
e
0ffICU
_110.
710411'
7IWIII
710411..
--I
--.
......
--
NI.IIIJ
--
....IMO
m.ozn
r"-- --"'-' - - . ... .. ... . ..-'
....- .,.~ .... ........--..-.-- .-.. ..........- ""'-
. .... ,.".-- ...-.....-.
0MllI
--
c.... lJ!l.....
C ~
c...~....
c... ...-......
111l111'..... a- '
1MCWO_ ~.
~loIory'.
~..
-
1owII_
.~_.- - - -.,-..-.........
114' .... ......._7M7
114' .... .....-.' .... ...... _ _77017
114' .... ....... _77017
114' .... ......... .10-77017 .
1100 _ '- II. .. .....n\117
1_ T..... a-........... 11Oo7l'Ol4
.. .... 1110 -"'* 111.T/IlIt
14111 .. 1oIIty'..... 1J1onal't
. Tn N. ...... ""..... 11Oonal't
7JllI ... 1110 __ 104-77141
1000 .....- ....,./IuIlI1.77074
1& '\
:'.. COMMONWEALTH LAND .
. TITLE. ,COMPANY '?f HOUSlON q- .
EARNEST MONEY CONTRACT-COMMERCIAL IMPROVED PROPERTY
THIS CONTRACT FORM HAS BEEN PREPARED FOR USE BY MEMBERS OF THE HOUSTON BOARD OF REALTORS, BY ITS LEGAL
COUNSEL, AN ATTORNEY AT LAW LICENSED IN TEXAS, AND APPROVED FOR USE IN A TRANSACllON INVOLVING THE SALE
OF COMMERCIAL IMPROVED PROPERTY, SUCH APPROVAL RELATES 10 THIS CONTRACT FORM ONLY. THIS FORM HAS NOT
BEEN DRAfTED FOR A SPECIFIC TRANSAcrION AND NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR
ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSAcrION. TERMS AND PROVISIONS THAT ARE NOT APPLICABLE
SHOULD BE STRICKEN BY THE PARTIES. THE PARrIES ARE ADVISED TO CONSUII THEIR ATIORNEYS BEFORE SIGNING.
NIKI D I IAYNE WARDEN
1. PARTIES, NEAL HINSON and wife, SEIMA JOYCE HINSON, and DARRELL WARDEN and wife, (Seller)
ap:cs to sell and convey tn CITY OF IA PORrE, a municipal corporation
(Buyer) and Buyer agrees to buy from Seller the following property for .the consideration and upon and subject to the terms, provisions, and
conditiON hereinafter set forth.
2. PROPERTY: A tract of land situated in La. Porte. Harris County, Texas, together
with all buildings, improvemena, fixtures, and all propertY of every kind and character and description owned by Seller located on, attached
'to, Dr used in connection with the PropertY; and aU privileges, and appurtenanc~ pcrraininl thereto incIudin& any right, tide and interest of
Seller in and to adjacent sneea. alleys, or rights-Of-way, Seller's interest in and to allleascs or tents, and security dcpoalts, Seller's interest in
and to all licel\SC$ and pennia with respeCt to the Property, Seller's interest in all service, maintenance, manalcment or other contraca relatine
to the ownelShip or operation of the Property, Seller's interest in all ~..ananties Dr guaranties relatit\l to the Propcny Dr to any tangible penonal
-property and fixtures located on, attached to. or used in connection with the Property. and Seller's interest In any trade JWnes used in connection
with the Property; all of the above hereinafter collectively called "Property", described as follows and/or as let out on Exhibit 44J.:' attached hereto
and incorporated herein:
lDts 1-5 and lDts 29-32 and the abarrloned alley between lDts 1-5 and
lDts 29-32, Block 1158, TCWN OF IA PORI'E, in Harris County, Texas,
according to the map thereof recorded in Vol. 60, Pg. 112 of the Deed
Records of Harris County, Texas, SAVE AND EXCEPl' the E.10' of lDts 29-32
thereof conveyed to the State of Texas as recorded in Vol. 1005, Pg. 530,
Vol. 1000, Pg. 214, Vol. 995, Pg. 601, and Vol. 1003, Pg. 87, Deed Records.
The meres and bounds description detennined by the survey .of the Property here inaner provided for will replace Exhlbit "A" an'ached hereto
in the event ir should differ from the attached exhibit. Any property to be excluded from this sale should be set forth under Special ProvisiON below.
3. CONTRACT SALES PRICE:
A. Cash payable at c1osin,............................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
B. Sum of all notes described in Paragraph" below... _ . . . . . . . . . . . . . . . - . . . . . . . . . . - - . . . . . . . . . . . . . . . . . . S
C. Sales Price (Sum of A and B).... .. ..... ........... .., ...... ............. ..................... .:$
100,000.00
65,000.00
165,000.00
... FINANCING: . .
o A. SUBJECT 10: Buyer 'takes subject to, .and does not assume: payment of, the ~paid balance qf Wt promlssoty 1Il0te tn
dated , and
d~ not assume those: obligations imposed by the Deed of Trust, securiqg pi!VII\CIlt of .said tlOte,;reccnded in the county where the Pmpeny
is situated, Buyer :shall pay the installment payment .due after ihe: .date .of dOling. The principal haIancc .at dOling
will be $ , allowing for :an ilgreed :s variance, The cash payable at .closlni shall be adjusted
for theamoumofsuch variance.. Should this not 'be ;ac:ccptable to !the note holder, or 'If me wrlance cxcecda the :amount .bove, or
should the tenns 'Of the note :or deed Df trust <0\' linterest Gte be :modified, .or should :Buyer be required .to pay a nansfer fee in
GCess ,of $ . :this Contract may be Itenninated :at :Buyer~ ''!Ption :and the Earnest Money ..hall be tdUnded to Buyer.
a B. ASSUMPTION: Buyer $hall.assume ihe .unpaid lllilance of 'that -promissory note payable rn
dated .' ' ;and 'those obligations :imposed by 'the Deed of Tn.ast :recoded:in Volume
, P.ag,. of Iihe Deed of Trust Recotds lin :the l:Ounry where %he :Properry ;is :alruated. 'Buyer shall pay dle :lnatallment
payment due after the .aate 'Of cl05ing, The ;auumed -principal balance;at .dOlillg wlll.be:S , tillowlnifQr:an agreed
:$ "ariance. The ash ;payable ilt ,dOling ,ihall .be ;adjusted :for:the .amount :of :auch variance. :Buyer ~ball :a,pplyfor
.assumption approval withil' ;days.from !l:necffective date hereof .nd ..hall malc.e every lII:lUOnIIble effort.to obtain.the .aame.lf the
variance exceeds 'the ;above :amount, lOr ithe -existing jRterest :rate :isincreued:above ~, Dr.any .other:tenDI an: modlfieCl, tOr
. 'Buyer is requircdtopay;an .auum~tion:fee jn 'excess of:$ . ,'or .aisumption 1IppIOVIlannot be:obtained W1thln
.days from the effective .date hereof, :rhb Connact :may .be :tennlnared :at :Buyer~ 'Option::and %he Earnest Money .Jha11 be-refunded:to :Buyer.
:0 .C~ 'TfI1RD P.A'Rn' flNiA.NCING: 11\1s -COntract us :aLibject to ;approval iCf ill aoan :f~~ ~uyer ~.~ UU1d party lIit%n~';a~unt;Of
. $ . :payabledn dnmllmena:far:norJesnhan 'yel1l.wlththe:interestDternotilOcx'ceed' ,. ... '1)6
rper ;annum, ilndwith each :principal oana..1nten:st iinlaillment mot to aceed $ , :0 iru:ludlt\llinterelt D!p1us linten:st. '
:Buyer :shall ;apply :for lihe ;Ioan witnin .days :from :the -effective :date hereof and ..hall :malc.e every :rellOnablc effort :to lobtain
:approval.lIf -the Uoan !has mot:been :upprovoCl -within .. . .. ..days -from ':the effective ,date hereof.ltbb . Contract :shall urmlnatc 2l\C1
. :the :Eamest .'Money :ihlill ibe :refunded ItO :Buyer; ..-. ."--' ..-..... ... ... ...... ...-.--.. --..-.--...----.. . ---' -i : .:;~; .
. ~.. D.. :sEIlERENANCING:iB~,;hall~.i.~m~:notc:toseileriln:ihe;princ:ipal:aum:ofj 65'. 000.00 ;.bcarini' ":..0''':' '1)6
dpten:st;per :annum. :ana iP~ya1:ile:((OheCk 1.. :2. :3 .aniJ/or ..t:bcilow), ... . ..u.. . · ~~.I;. ;:
rm ~1) lnlfLilllOn:th,. 1st cdaycrlf JUJ..y' ,. ""~9. 92'" ....~c:crwealln:_ra.'.h..:I... all: -~ r-,.Ail.
,; ,
, D .lncludlni .\nterelt D .plus ;\nrerelJ
,J9 ,;and contlnuingugularly-thereafteruntil
,>when :che;entitc.amount of princlpal.and dnrerest :then:remainlna
o '(2) In :0 monthly 0 ;annulil 0 ,other'
'each. hc"innin~.lIn rtht: ' .LIllY "I(
:rh.. lilly.of
'IInl!lIid, 'fiha\l ,he !then .due ;PM ,payable, .
..ln$tlillmcna .of:.s
,i19
e
e
'T1
".,',1";," '~:,."" '.,' 0('
~,. ,"..:. ",
installments of $
installments of $ each,
. 19 . and contlnuina rellllarly thereafter until the
, 19 . and thereafter in 0 monthly 0 annual 0 other:
. 0 including interest 0 pl\ll Interest, beginning on the
, 19 , and contlnuina rellllar1y thereafter until thl!'! day of
, when the entire amount of principal and intereat then remaining unpaid shaU be
o (3) Interest only In 0 monthly 0 annual 0 other:
beainning on th.. . day of .
day of.
day of
, 19
due and payable. . ,,-. ... . .
o (4) The Note .haU provide for no personal or corporate liability in the event of a default, It belna undenrood that the holder of the
Note may look only to the ICcurity provided by the Deed of Trult and retained vendor's \ten ro enforce the payment of the indebtednCII.
o (5) The Oced of Trult ICcuring payment of the Note .hall provide that if all or any part of the Property or an intereat therein b $Old
or nanaferred by Buyer without the prior written consent of the holder of the Norc, the holder of the Note may. at iu option,
dec:1are all the sums .ecured by the Deed of Trult to be immediately due and payable.
Any Seller financed note may be prepaid in whole or in pare at any time without penalty. Any prepayments are to be applied coward the payment
of the tnataUments of principal last marurina, but inrereat .haU immediately cease upon amount of principal prepaid. The lien aec:urlng payment
of .uch note wl\l be inferior to any lien ICcuring any loan asaumed. ta\ccn .ubjcct to or given ,In connection with third ~arry ftnancin8. Each
note herein provided shaU be ICCUred by Vendor'. and Deed of Trult Iiena and asaignment of leasca. A Vendor'. Ll~n and Deed of Trust to ICcure
any auumprlon, or Buyer'. perfonnance if taken .ubject to, .hall be required. which lien .hall be automarlcaUy releUcd on execution and dellvety
of a relcue by noteholder. In cue of dispute as to the fonn of the Deed. Note(s). or Oced of Trusr(.), fOnN prepared by the State Bar of Texas
.haU be uacd. Each note herein provided .haU contain provision for acceleration of maturity in the event of default and for the payment of
reasonable attorney'. fees if the note b placed in the hands of an attorney for collection.
5. EARNEST MONEY: ~ a condition precedent to the validity of this Contract. $ 1,000.00
as Earnest Money wid> c.cmmnwea1 th Tam Title Canoanv
bcarina account, upon execution of the Contract by both parties.
6. CLOSING: The closing of the sale (the "Closing Date") shall take piace at the Title Company on or before October 15 19 91
unless such date is changed in writing by SeUer and Buyer, or otherwise extended as herein provided.
A. At the closing, SeUer shall deliver to Buyer, at Seller's sole cost and expense. the following:
(1) A duly executed and acknowledged General Warranty Deed conveying good and indefeasible title in fee .imple to all of the Property,
free and clear of any and all lieN, encumbrances, conditiON. easemena, assessments, reservationa and restrictlona. c:x.cept as pennincd
herein ancl/or approved by Buyer in writing;
(2) An Owner's Policy of Title lns~rance (the "Title Policy") issued by canronweal th Larrl Ti tie canpany
(the Title Company) in the full amount of the Sales Price, dated as of closini. tnaurina Buyer'. fee .imple dtle to
the Propeny to be Sood and indefeasible .ubject only to thOle title exception. pennined herein. or as II\IIY be'appltWed by Buyer
in writing, and the standard printed exceptions contained in the usual fonn of the Title Policy. pltWldcd, howcvcn .
(a) the exception as to area and boundaries g) shall not be deleted 0 shaU be deleted except for "any shortliCl In area" and if
deleted, such deletion shall be an expense of j
(b) the exception as to restrictive covenants shall be endorsed "None of Record", unless any exlatlnS restrictive covenants are
approved by Buyer; .
, (c) the exception as to taxes shall be limited to taxes for the current year and subsequent yoarl, and subsequent asseasments
for prior yearl due. to chanses in land usage or ownership,
(3) A Bill of Sale containing warranties to tide. conveyinll tide, free and clear of allllena. to any personal property apectfled herein
and an aulenment of rcases, prepaid rents, security deposits, and trade name, and to lhe ccrcnt asaignablc, Ucenses and penn Its,
maintenance, management or other contracts, warranties or guaranties. duly executed by Seller;
(4) A current rent roll duly certified by Seller;
(5) If requested by Buyer, to the extent auignable. an assignment of anyone or more of the iNurance policies hc\d by Seller pen:ainlng
to the Propeny, duly executed bv Seller,
(6) Furnish evidence of its capacity and authority for the closing of this transactioni
(7) Execute all other necessary documents to close this transaction.
B. At the closing, Buyer shall perform the following:
(1) Pay the cash portion of the Sales Price,
(2) Execute the note(s) and deed(s) of trust provided for herein;
(3) Furnish evidence of iu capacity and authority for the closing of this naNacdon,
(4) Furnish to Seller ancl/or Third Pany Lender, at Buyer's expenae. a moregasee's policy Issued by Title Company for the benefit of
the holdens) of the deed(s) of trUSt provided for herein;
(5) Execute all other neceuary documents to close this tranaactlon.
(6) Execute an asaumptlon agreement for payment of any broke~ge leasing commwiona that become due and payable after the dare
of c1osins.
is herewith rendered and Is to be deposited
as E5erow Agent, and placed in an inrerest
7. FEASIBIUTY S111DY AND INSPECTION: Buyer 0 is ~ is not panted the right to conduct an ensinccrlni, and/or market and economic
fculblllty .tudy ('feasibility Study") of the Property, and a physical iNpectlon ("lnapecrlon") of all improvements, fixtures, mechanical equip.
ment. and pcraonal property being $Old hereby. In the event Buyer is panted such right Buyer .hall ~ days &om the ctfcctivc
dare hc~ to perfonn such study and inspection and in this regard, Buyer or his designated asents may Cl'lrer upon the Property for pwposes
of IUCh analyab, or other tests and inspectlona which may be de~lIled necessaty by Buyer. If Buyer derermlnes, In bb.$Ole jud,mcnt, that the
Property b not .uitable for any reason for Buyen intended use or purpose. or is not In aatisfactoty condition, then Buyer may, on wrlttal notice
to Sell~ on or before days from the effective date hereof, tenninate thb aercement, and it .hall be null and wid for all purposes
and the: Earnest Money shall be returned to Buyer. If the written notice! is not slven to Seller within .uch period. th1a condition and any and
all obje<:tiona with respect to the feasibility Study and Inspection .hall be deemed to have been waived by Buyer fof all purpoRI. In the event
thb Contract shall not clOlC, throuah no fault of Seller, Buyer shall restore the Property to Its oriainal condition; if chanaed due to the tests
. , and iNpcctiona perfonned by Buyer. and .hall provide Seller with a copy of the re.ulu of any tests and lnIpcctlona made by Buyer. excluding
.,. any mar\cct and economic feaslblUty .studles. Th~ study/inspection shall be at buyer's expense.. . ' .. . .. .
. ,.1\. II ," ;1; ". ._1..... ~,_,t t ·
': .1. ~ . . ~ . . . ,: .. I ... - ~
8.. BROKER'S FEE, Bay'Aren' Re:f Carpet 'Rp.nl~
Broker ( 96) and
,. . Co-BlOker ( %) (collectively the "Broker"). as Broker, has nelotiated thb .ale and Seller aerccs to pay Bro\ccr in Harrla County, Texas,
on COIlIummadon of this ..Ie or on Seller'. default (unleu otherwl.e pltWlded herein) a total cash' fee of $6 .000 .00
of the total Sales Price, which Eacrow Agent .hall pay from the sales proceeds, Each of the pareia JCPracnu rothe other that it baa not incurred
any liability for bro\ccrage fees or commlsslons'ln connection with this transaction other than the liability of Seller as act forth above. Each
party lndemnifla and 8ifCCS to hold the other pa. I hannl... from any and all claims ancl/or expense resultlfll to the other partY by reason
of a breach of the reprelCntarlon made by such party herein. ' ... .' 1: ' ,. '. .
'.
n : ....
i.~.. '", '.
Listlna
. . . . . . I _, ~
9. ros5ESSION: The possession of the Property shall be delivered to Buyer at fundlna in Its prelCnt condition, ordlnarj wear and tclir excepted.
1101
e
e
10. SPECIAL PROVISIONS:
Seller may retain rents in the amount of $3,200.00 per month from existing
month to month tenant of the 'property, through November 30, 1991. Buyer shall
be entitled to possession of the property and to retain all rentals from and
after December 1, 1991. All other matters shall be prorated as to the date of
closing. Buyer shall deliver to seller at closing, buyer's tax anticipation
note, payable July 1, 1992, without interest until maturity, with 10% interest
on past due principal.
Buyer agrees to sign any necessary IRS forms for seller, to enable seller to
cla~ a charitable income tax deduction, for the difference between the sales
price and sellers' appraisal of the property. Sellers' appraisal of the
property shall be at the sole cost and expense of seller. All valuation
matters concerning such charitable income tax deductions shall be between the
seller and IRS.
(Insen factual statements and business details applicable to this sale,)
11. SALES EXPENSES 10 BE PAID IN CASH AT OR PRIOR 10 CLOSING:
A. SELLER'S EXPENSES: All costs of releasing existing loans and recording the releasesj Owner's Title Policyj surveyj taX statementsj 1/2 of
any escrow fee; preparation of Deedj other expenses stipulated to be paid by Seller under other provisions of this Contract.
B. BUYER'S EXPENSES: All expenses incident to any loan (e.g.. 10;1n procurement fees, preparation of Note, Deed of TlUSt, and other loan
documents, recording fees, Mongagee's Title Policy, prepayable interest, credit repons)i 1/2 of any escrow feej copies of restrictions, easements,
reservations, or conditions affccting the Propenyj and expenses stipulated to be paid by Buyer under other provisions of this Contract.
12. PRORATIONS: Insurance (at buyen option), Interest on any debt assumed or taken subject to, assessments, cunent taXes, and any rents, and
maintenance fees shall be prorated at the date of dosing. No proration shall be made for delinquent rents existing as of Closing Date, which
rents Seller shall be responsible for collecting. At the dosing, Seller shall pay to Buyer in cash the amount of any prepaid rents paid to Seller
by tenants o~ the Propeny for periods subsequent to the Closing Date. If ad valorem taxes for the year In which the sale Is dosed are not available
on the Closing Date, proration of taxes shall be made on the basis of taxes assessed in the previous year, with a subsequent cash adjustment of
such proration to be made between Seller and Buyer, If necessary, when actual tax figures are available. If Buyer Is assuming payment of or taking
subject to any existing loan on the Propeny, all reserve deposits for the payment of taxes, Insurance premiums, or other charges shall be ttanlfened
to Buyer by Seller and Buyer shall pay to Seller the amount of such reserve deposits. Any special assessments applicable to the Propeny for Improvanents
previously made to benefit the Propeny shall be paid by Seller. Seller shan pay to Buyer at dosing in cash the amount of any deposits paid to
Seller by tenants of the Propeny, Including but not limited to, all rental securiry, cleaning. utillry, key, damage, and other deposits. All other
income and ordinary operating expenses of the Propeny, including but not limited to, public utiliry charges, maintenance, management, and other
nonnal operating charges shall be prorated as of the date of closing.
:'i. TinE APPROVAL: Seller shall deliver to Buyer within twenry (20) days from the date of this Contract a Commitment for Title Insurance (the
"Commitment") and, at Buyer's request, legible copies of all recorded Instruments affecting the Propeny and recited as exceptions In the Commit-
ment. If Buyer has an objection to items disclosed In such Commitment or survey provided for herein, Buyer shall have founeen (14) days after
receipt of each such Instrument to make written objections to Seller. If Buyer or third pany lender makes such objections or If the objections
are disclosed in Commitment, survey or by the issuer of the Title Policy, Seller shall have thiny (30) days from the date such objections are disclosed
(0 cure the same, and the Closing Date shall be extended, if necessary. Seller agrees to utilize its best efforts and reasonable diligence to cure
such objecrion, if any. If the objections are not satisfied within such time period. Buyer may (i) terminate this Contract and the Earnest Money
shall be refunded to Buyet, and neither pany shall have any fun her rights or obligations punuant to this Contract, or (i1) waive the unsatisfied
objections and close the transaction.
14. DEFAULT: Unless otherwise provid!=~ for herein, if Buyer fails to comply herewith, Seller may either (i) enforce specific performance and s~ek
such other relief as may be provided by law, or (Ii) tenninate this Contract and receive the Earnest Money as liquidated damages, one-half of
which (but not exceeding the herein recited Broker's fee) shall be paid by Seller to Broker in full payment of Broker's services. The Broker's fee
is payable only if and when Seller enforces specific perfonnances. collects damages for such default by suit, compromise, settlement, or receives
the Earnest Money as liquidated damages. Unlcss otherwise provided for herein, if Seller falls to comply herewith, Buyer may either (I) enforce
specific perfonnance hereof and leek such other relief as may be provided by law, or (Ii) tenninate this Contract and receive the Earnest Money.
Notwithstanding the above, accrued interest, if any, on the Earnest Money shall be paid to Buyer.
15. ATTORNEY'S FEES: Any signatory to this Contract who is the prevailing pany in any legal proceeding against any other signatory brought under
or with relation to the Contract or transaction shall be additionally entitled to recover coun costs and reasonable attorney'~ fees from the
non-prevailing parry.
16. ESCROW: The Earnest Money is deposited with Escrow Agent with the understanding that Escrow Agent (I) 15 not a pany rothls Contract
and docs not assume or have any liability for perfonnance or non-perfonnance of any pany and (iI) has the right to require from all signatories
a written release of liabiliry of the Escrow Agent, termination of the Contract and authorization to disbune the Earnest Money. At closing, Earnest
Money and accrued Interest shall be applied to any cash down payment required, next to Buyer's closing costs and any excess It'funded to Buyer.
Any refund or payment of the Earnest Money under this Contract shall be reduced by the amount of any actual expenses u:cuned on h..h,,!f
of the pany receiving the Earnest Money. and the Escrow Agent will pay the, same to the crediton entitled thereto.
17. REPRESENTATIONS AND WARRANTIES OF SELLER: Seller hereby represents and warrants to Buyer as follows, which representations :.nd
warranties shall be deemed made by Seller to Buyer also as of closing date and such representations and warranties shalllurvive the c1osira,::
There are no panies in possession o( any portion of the Pro~ny as lessees, tenants at sufferance, or treSSpassen except tenants under the
written leases delivered to Buyer pursuant to the Contract;
. . .1 .,. . ... . ..... 'J. .. ! ~. , .
There is no pending or threatened condemnation or similar proceeding or assessment affect!ng the Propeny, or any pan thereof, nor to the
best knowledge and belief of Seller Is any such proceeding or asscssment contemplated by any governmental authorityj
Seller Is the fee simple owner of the title to the Propeny and is duly authorized and empowered' to sell said Propenyj
Seller has paid, through the cunent year, all taXes, charges, debts, and other assessments due by the Seller with respect to the PropcnYi
The Propeny II not in a flood plain or water district, except as follows:
A.
'" B.
C.
D.
E..,
F.
G.
H.
1.
Allloan(s) assumed or taken subject to are not presently in default and will not be in default at the time of closingj
There will be no unrecorded liens or UnifoRn Commercial Code liens against any of the Propeny which will not be satisfied out of the Sal~ "ricej
Seller know~ of nn existing cnndition wirh respect to the Propeny or its operation which violates any government code or regulation;
Seller has nil knllwlcJl(e that the Pmperry i~ suhject to any surface or sub-surface ground faultsj
e
e
J. The Property Is not being used and SeUer has no knowledge that It has ever been used for the storage or disposal of any hazatdous or toXic materials;
K. To the best of SeUer's knowledge, no fact or condition exists which would result in the termination of the current access from the Property
to any presently existing highways and/or roads adjoining or situated on the Property, or to any existing sewer or other utility faciltiies servicing,
adjoining, or situated on the Property;
L. Seller shall not further encumber, or allow the encumbrance of, the title to the Property, or modify the terms or conditions of any existing
encumbrances, If any, without the written consent of Buyer;
M. Seller has no knowledge of any pending or contemplated change in any statute, otdinance, rule or other governmental regulation applicable
to the Property, or any action pending or threatened by any governmental body, adjacent landownen or other penons, or of any condition
upon or affecting the Property, any of which would result in any material change in the condition of the Proi>erty, or in any way limit the
use of the Property;
N. SeUer has not received, and has no other knowledge of any notice from any insurance company requesting the performance of any work
regatding the Property or relating to an increase in the insurance premiums applicable to the Property;
O. Seller has all necessaty licenses and permits required by any and aU statutes, otdinances, rules or other governmental regulations for the
use and operation of the Property;
P. All obligations of Seller arising from the ownenhip and operation of the Property and business operated thereon, including, but not limited
to salaries, taxes, leasing commissions, and the like, have been paid as they became due or will be paid at or prior to closing. Except for
obligations for which provisions are herein made for proration or other adjustment at closing and the indebtedness taken subject to or assumed,
there wiU be no obligations of Seller with respect to the Property outstanding as of the Closing Date;
Q. Each Lease furnished to Buyer punuant to this Contract is in full force and effect, and has not been amended or modified in any way that
has not been disclosed to Buyer in writing. Such Leases constitute all of the written and oral agreements of any kind for the leasing, rental,
or occupancy of any portion of the Property. To the best of Seller's knowledge Seller has performed and complied with all its obligatiOns
under the Leases as and when thereby required, and there exists no fact or circumstance that could constitute a default of the landlotd or
lessor under any of the Leases, or entitle any tenant thereunder to offsets or defenses against the prompt, current payment of rent thereunder.
Each tenant under the Leases actually occupies the premises leased thereunder. Except as expressly disdosed to Buyer in writing on the rent
rolls furnished to Buyer punuant to this Contract, no rental under any lease has been collected in advance of the current month, and except
as so disclosed to Buyer in writing on such rent rolls, there are no concessions, bonuses, free months rental, rebates, or other matten affecting
the rental for any tenant thereunder. Seller is the owner of the entire lessor's interest in and to each of the Leases and none of the Leases
or the rentals or other sums payable thereunder has been assigned or otherwise encumbered, except as securiry for loan(s) assumed or taken
subject to as provided herein. To the best of Seller's knowledge, no tenant under any of the Leases is in default thereunder;
R. There are no attachments, executions, assignments for the benefits of crediton, or voluntary or involuntary proceedings in bankruptcy or
under any other debtor relief laws contemplated by or pending or threatened against Seller or the Property;
S. Seller knows of no repain that need to be made to the Property and has no knowledge of any latent structural defects or any other defects
of the Property, except for the following: None
THIS COVENANT IS NOT INTENDED TO BE A WARRANTY AND NO EXPRESS OR IMPLIED WARRANTY IS GIVEN BY SELLER
WITH RESPEcr TO THE PROPERTY.
If any representation or warranty above is known by Buyer, prior to closing, to be untrue and is not remedied by SeUer prior to dosing, Buyer
may (I) terminate this Contract and tne Earnest Money shaU be refunded to Buyer, and neither party shaU have any furrher rights or obliga-
tions punuant to this Contract, or (Ii) waive its objections and close the transaction.
18. AGREEMENTS OF SELLER:
A. SeUer agrees to deliver to Buyer within five (5) days of the effective date of this Contract copies of the following:
(I) A current rent roll acceptable In form to Buyer and certified by Seller to be true and correct as of the date of delivery;
(ii) All Leases pertaining to the Properry, including any and all modifications, supplements, or amendments thereto;
(Iii) A current inventory of all tangible penonal property and fixtures owned by Seller and located on, attached to, or used in connection
with the Property, cerrified by Seller to be true and correct as of the date of delivery;
(iv) Note(s), Deed(s) of Trust and other loan documents pertaining to loan(s) assumed or taken subject to;
(v) All service, maintenance, management, or other contracts relating to the ownenhip and operation of the Property;
(vi) All warranties and guaranties relating to the Property, or any part thereof, or to the tangible penonal property and fixtures owned
by Seller and located on, attached to, or used in connection with the Property, if available;
(vii) AU fire, hazatd, Iiabiliry, and other insurance policies held by Seller on the Property;
(viii) AU of the most recent real estate and penonal property tax statements with respect to the Property;
(ix) All leas.ing or other commission agreements with respect to the Property, which commissions are being assumed by Buyer punuant
to paragraph hereof;
(x) The "as-built" plans and specifications with respect to the Property, if available;
(xl) Information on utility and repair expenses incurred by Seller for operation of the Property for each month for the preceeding cwo (2) yean;
(xli) A true and correct statement of income and expenses for the Property from to
Buyer shaU have days from the date of delivery of the above required information to review such information. If Buyer objects
to any matten contained therein, Buyer may within the above time period (I) terminate this Contract and the Earnest Money shall be refunded
to Buyer, and neither party shaU have any further rights or obligations punuant to this Contract, or (Ii) waive such objections and close
the rransaction.
SeUer agrees to deliver to Buyer at least seven (7) days prior to the Closing Date an estoppel certificate dated and executed not earlier
than ten (10) days prior to the Closing Date by each of the tenants under the leases stating that as of the Closing Date (1) no default exists
under the terms of the lease agreement by either landlotd or tenant; (2) the amount of any rental payments made in advance, if any; (3)
the amount of any security deposits made, if any; (4) that the tenant has no defenses or offsets against the payment of rent accruing under
the terms of the lease.agreement; and (5) a warranty by SeUer that said Leases are in fuU force and effect and that there are no defaults
thereunder. If any tenants assert defenses or offsets against the payment of rent which are unacceptable to Buyer, Buyer shall immediately
notify Seller In writing. Seller shall promptly undertake to eliminate such unacceptable defenses or offsets. In the event SeUer is unable
to do so by Closing Date. Buyer may (i) terminate this Contract and the Earnest Money shall be refunded to Buyer, and neithcr party shaU
have any further rights or obligations punuant to this Contract, or (Ii) waive s~ch objections and close the transaction.
B. From the effective date of this Contract until the Closing Date or earlier termination of this Conrract. SeUer shaUl
(I) . . Operate the Property diligently and In the otdlnary coune of Its business and will use Its best efforts to reasonably preserve for Buyer
the relationships of Seller and its supplien, tenants, and othen having relations with it; -
(Ii) Keep, maintain, and repair the Property in a good and presentable condition and comply with all regulations affecting the Property;
(Iii) Keep, observe, and perform its obligations as landlotd under the Leases, and as long as tenants are not in default under the Leases,
cause the termination of any Lease without the prior written consent of Buyer; .
(viii)
(ix)
Not enter into any wtltten or oral seNice contraCt or other agreement with resrccl to the Property that will not ht fully performed
by Seller on or before the Closing Date, or that will not be cancellable by Buyer without Iiahlhty on or after the Closing Date, without
the prior wrinen coment of Buyetj .
NOI enter 1010, or alter, amend, or otherwise modify, or supplement any lease without the prior wtitten consent of Buyer;
Not ~rant any bonus, free month's rental, rebate or orher concession to any present or" future tenant of the Property;
Advise Buyer promptly of any litigation, arbitration, administrative hearing, or legislation before any governmental body or agency
of which Seller becomes aware, concerning or affecting the Propeny which is instituted or threatened after the date hereofj
Keep, obseNe, and perform all its obligatiOns under the loan(s) assumed or taken subject tOj
Not take, or omit to take any action that would have the effect of violating any of the representations, wamnties, covenants, and
agreements of Seller contained in this Contract.
(iv)
(v)
(vi)
(vii)
19. USE OF PROPERTY: Seller 0 has OJ has nor claimed the benefit of laws permitting a special use valuation for the purposes of payment of ad
valorem taxes on the Propeny, and if so, Seller represents that he was legally entitled to claim such benefits. If Seller claimed such benefit and
after the purchase is closed, Buyer changes the use of the Propeny and the same results in the assessment of additional taxes, such additional
taxes will be the obligation of the Buyer. The representation herein shall sUNive closing.
20.
PROPERTY SURVEY: Within days from effective date hereof, Seller, at Seller's sole cost and expense, shall cause to be delivered
to Buyer a current plat or sUNey of the Propeny, prepared by a surveyor acceptable to the panics and the Title Company closing this mnsaction.
The survey shall cenify to the Buyer and Tide Company that: (I) the survey was made and staked on the groundi (iI) the plat shows the location
of all improvements, hillhways, sneelS, roads, railroads, rivers, creeks, or other waterways, fences, casements, and rights-of-way on or adjacent to
the Propeny, if any; (iii) there are no visible discrepancies, conflicts, or encroachments except as shown on the survey plati (Iv) the Property does
not \ie in the 100 year flood plain as esrablished by the U. S. Army Cow of Engineers or any other governmental bodYi (v) the survey plat is
a true, correct, and accurate representation of the Property; and (vi) the survey seu fon:h the number of total acres/square feet comprising the
Propeny, together with a metes and bounds description thereof. All easements and rights-of-way shall be referenced to the recording information
applicable to the documents creating such easements or rights-of.way which have been recorded with the County Clerk of the County in which
the Property is located, The survey shall locate and mark all comers and angles of the Propeny's perimeter on the ground with permanent, buried iron
surveyor's stakes.
Survey waived by buyer.
21. CONDEMNATION: If prior to Closing Date condemnation proceedings are commenced against any pon:ion of the Property, Buyer may, at Ira
option, terminate this agreement by written notice to Seller within days after Buyer is advised of the commencement of condemnation
proceedings and the earnest money shall be refunded to Buyer, or Buyer shall have the right to appear and defend In such condemnation pro-.
ceedings. and any award in condemnation shall, at the Buyers election, become the property of Seller and reduce the purchase price by the same
amount or shall become the property of Buyer and the purchase price shall not be reduced.
22. CASUALTY LOSS: Risk of loss by damalle or de5tl'\lction to the Property prior to the c10sinll shall be borne by Seller. In the event any such
damage or destrUction is not fully repaired prior to closing, Buyer, at its option, may either (I) rermlnate this Agreement, in which event the
Earnest Money shall be refunded to Buyer, and neither pany shall have any further rights or obliptions punuant to this Conmct, or (iI) elect
to close the tnlnsaction', In which event Seller's right to all insurance proceeds resulting from such damage or destrUction shall be assigned In
writing by Seller to Buyer
23. MISCELLANEOUS:
A. Any notice required or pennlned t.:l be delivered hereunder shall be deemed received when personally delivered or sent by United Srate
mail, postage prepaid, cenified mail, return receipt requesred, addressed to Seller or Purchaser, as the case may be, at the address set fonh
below the signature of such parry hereto.
B. This Conmct shall be constl'\led under and in accordance with the laws of the Srate of Texas, and all obligations of the panics created
hereunder are performable in Harris County, Texas.
C. This Conmct shall be binding upon and inure to the bendit of the parties hereto and their respective heirs, executors, adminisOBtors, legal
representatives, successors, and assigtU.
D. In case anyone or more the provisions contained in this Contract shall for any reason be held to be invalid, illegal, and unenforceable in
any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof. and this Conaact shall be cOHsm'cd
as if such invalid, illegal, or unenforceable provision had never been contained herem.
E. This Conmct constitutCS the sole and only agreement of the panics herero and supersedes any prior undcTsrandings or wrirren or oral agreements
between the panies respecting the within subject matter and cannot be changed except by their written consent.
F. Time is of the essence of this Contract.
G. Words of any gender used in this Contract shall be held and constl'\led to include any other gender, and words in the singular number shall
be held to include the plural. and vice versa, unlcss the context requires otherwise.
H. In accordance with the requirements of the Texas Real Estate license ht, Buyer is hereby advised by Broker: (1) that it should be furnished
with or obtain a policy of title insurance or have the abstract covering the Property examined by any attorney of its own selection. and (2)
that unless otherwise agreed to in writing by the panics hereto, Broker and Co-Broker are being paid by Seller and are representing Seller
in this transaction.
24. ASSIGNMENT:
o A. Buyer may not assign this contract.
DB, Bu~er may assign this ~n~~t and all rights hereunder and shall be relieved of any future liability under this Contract provided the
asSIgnee shall assume m wnung all the obligations of Buyer hereunder.
25. TERMINATION OF OFFER: Unless accepted by Seller, as evidenced by Seller's sign'ature hereto and delivered to Buyer by 5;00 P.M., the
. . day of , ]9 , rhis offer to purchase shall be null and void and all panics hereto shall stand
relaeved and released of any and all liability or obligations hereunder and all Earnest Money shall be returned to Buyer.
26. CONSULT YOUR AlIORNEY: This is intended to be a legally binding contraCt. READ IT CAREFULLY. NO REPRESENTATION OR
RECOMMENDATION IS MADE BY BROKER OR ITS AGENTS OR EMPWYEES AS TO TIiE LEGAL SUFFICIENCY, LEGAL EFFECT,
OR TAX CONSEQUENCES OF THIS DOCUMENT OR THE TRANSACTION RELo\TlNG TIiERETO. THESE ARE QUESTIONS
FOR YOUR ATTORNEY. CONSULT YOUR ATTORNEY BEFORE SIGNING. The Broker cannot give you legal advice - only factual
and business details concerning land and improvements.
, Iq ,..,
r\
e
e
EXEC\.JTED in multiple originals effective the ~~ day of (~ h ~----
ALL APPLICABLE BOXES SHALL BE CHECKED BY THE PAIrrlES.
BAY AREA RED CARPET REALTORS
Listing Broker
By
Co-Broker
By
fu:ceipt oC $
Money is acknowledged in the form
of
~crow Agent
By
\,
license No.
License No.
Earnest
.1991
. (Fill in date last pany signs.)
CITY OF LA J?ORl'E
Buyer
..
_ ~ e(--Y
EN
pittsburg, TX 75686
By: G(J.~ 't, ~'\A.Q.""'~
ROBER!' T. HERRERA, City Manager
Buyerls Mdress: P.o. Box 1115, La Porte;'TX
77572
e
e
ORDINANCE NO.
AN ORDINANCE DESIGNATING CERTAIN LAND NOW IN THE CORPORATE LIMITS OF
THE CITY OF LA PORTE, TEXAS, AS AN INDUSTRIAL DISTRICT TO BE KNOWN
AS "SOUTH LA PORTE INDUSTRIAL DISTRICT"; RESERVING AND PRESERVING
ALL RIGHTS POWERS AND DUTIES OTHERWISE REPOSING BY LAW IN THE CITY
COUNCIL OF THE CITY OF LA PORTE; PROVIDING A SAVINGS CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
WHEREAS it is the established policy of the City Council of the
City of La Porte to adopt such reasonable measures from time to time
as are permitted by law and which will tend to enhance the economic
stability and growth of the City and its environs by attracting the
location of new and the expansion of old industries therein; and
WHEREAS, the City Council of the City of La Porte after due and
careful consideration has heretofore determined that it is in the
public interest to disannex the land described in Ordinance No.
passed and approved , 1991, and to discontinue the
corporate limits of the City of La Porte as to such land, and to
adopt this Ordinance No. , pursuant to Section 5, Article I, of
the Municipal Annexation Act, and to designate that part of the land
hereinafter described as an industrial district,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF LA PORTE:
Section 1. The territory described on Exhibit "A" which has
been disannexed by Ordinance No. ____, passed and approved on
, 1991, is hereby designated an industrial district of
the City of La Porte.
Section 2. The industrial district designated and established
hereby shall be known as "South La Porte Industrial District."
Section 3. It is hereby declared to be the purpose of the City
Council of the City of La Porte, to treat with such area from time
to time as may be in the best interest of the City and in the
attraction and maintenance of industry therein.
Section 4. The City Council of the City of La Porte may
enlarge or diminish such industrial district from time to time as
permitted by law and the contract(s) with the owners of the land
therein, and the City of La Porte hereby reserves and preserves all
rights and powers of the City of La Porte with respect to such
industrial district, except as herein expressly otherwise stated and
as provided in the contract(s) entered into with the owner(s) of
land therein pursuant to the terms hereof.
Section 5. Should any portion of the area herein designated as
an industrial district be not actually situated within the
extraterritorial jurisdiction of the City of La Porte, Texas, and
e
e
ORDINANCE NO.
Page 2
not therefore capable of being so designated, such fact shall not
affect the validity of this designation as to the remaining portion
of said area.
Section 6. 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 7. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this
day of
, 1991.
CITY OF LA PORTE
BY
Norman L. Malone, Mayor
ATTEST:
Cherie Black
City Secretary
~-cJ
Knox W. Askins
City Attorney
APPROVED:
e
e
EXllIBIT "A"
SOUTH LA PORTE INDUSTRIAL DISTRICT
All that certain tract or parcel of land, consisting of 32.9112 acres in the W.P.
Uarris Survey, A-30, lIarris County, Texas:
BEGINNING AT TUE intersect ion of the south right-of-way line of McCabe Road
and the west right-of-way line of state lIighway 146j
TUENCE in a southerly direction coincident with the west right-of-way line
State lIighway 146 to its intersection wHh the north boundary of the
former Bayshore Municipal District Sewage Disposal Plant a 4.069 acre
tractj
TUENCE northerly and westerly coincident with the eastern and northern
boundaries of the former Bayshore Municipal District Sewage Disposal
Plant a 4.069 acre tract to its intersection with the east right-
of-way of the G.II.& S.A. Railroadj
THENCE northerly coincident with the east right-of-way line of G.U. & S.A.
Railroad to its intersection with the westerly projection of the
south right-of-way of McCabe Road;
HIENCE easterly along the south right-of-way line of McCabe Road to the
POINT OF BEGINNING, said tract being 32.9112 acres.
Said 32.9112 acres being more particularly described in Exhibit "A", Tract I,
Tract 2. and Tract 3 Oayshore Industrial, Inc.
e e
E X II I B I 'f " A "
'rHAC'l' 1
BAYSIIORE INDUSTRIAL, INC.
Being 14.6253 acres of land out of the C.l". McCabe 28 acre tract 1n
the W.P. lIarris Survey, Abstract No. 30, lIarris County, Texas, said
tract being described as followSI Bearings are based on North 010
35' 20" West as per record descrIption.
BEGINNING at a point on the Westerly right-of-way line of re-located
state lIighway No. 146, where same intersects the South right-of-way
line of McCabe Road (80 feet wide) saLd point beLng marked by a 4 x
4 concrete right-of-way marker (top now broken off) for the
Northeast corner of the herein described tract,
'rIfENCE South 230 40' 36" West, with the Westerly line of said State
Ifighway 146, a distance of 507.21 feet to a 4 x 4 concrete right-of-
way marker for corner, said point being the Northeast corner of a
called 18.4285 acre tract now or formerly owned by the Carla
Company, et al,
'l'IIl!; N C E Sou thO 0 0 23' 3 9" \'1 est, a 1. 0 n 9 the No [ t h 1 in e 0 f sa i d 10. 4 285
acre tract and generally along a f.ence (as shown on survey map) at;"
250.40 feet passing the center line of lIa[[ is County Flood Control;"
Easement No. 1\104-09-00, at 110.25 feet and 0.32 feet South passing
a 2 inch pipe, at 1009.00 feet passing a 1/2 Inch iron pipe on line
and continuing in all 1040.61 feel: to an Iron "'1''' rail fence post
set in concrete (found broken off level with the ground and leaning-
reset) for corner, said point being in the East right-of-way line of
the Southern Pacific Railroad 100 foot right-of-Hay (based on the
center line location of tracts),
'l'1l1~NCE North 07035' 20" West, along the East line of said railroad,
538.60 feet to a 5/0 inch iron rod sel: for corner from which a 3/4
inch iron pipe is found 1.60 feet South and 1.10 feet East, said
point being in the South line of saUl McCabe noad,
'rnENCE North 00035' 30" East, along the South line of ~'cCabe Road
and generally parallel to and 1.00 feet North of a fence at 31.07
f.eet and 2.50 feet South passlng C\ 3/4 Jnch iron pipe at 703.10 feet
pas;3 1 n g the c e n t e r 1i n e 0 f sa i d () r a I n e a s e In e n t and con tin u 1 n gIn a 11
1347.57 feet to the PLACE O~'" BEGlNNING and contalnlrllJ within these
calls 14.6253 acres of land.
I ~ I ~
e
e
EXIUBI'r "1\"
'I'll A C'!' 2
BAYSIIOn~ INDus'rIlIAr" INC.
Beillg u n.IJOO ucre n"nct of lund locull.:d 111 1I1U II. I'. IIllrrJti Survey, ^-3U,
Jllln'is Count>" 'l'uxUSj uuJd n,l )OU 'IC1"C lUlct uf lulI<I hc1nl1 out uf Lllllt CUCt:/IJII
10.'1205 ocre truct of lU1Il1 cOllveyed by IIlllll(: <h/llel-s lllvl!:ltl/ll!nt COfIlPOIlY to \t.
T. Curtel": 'J'custl.!O IJllll LeJIl/! thu lH:colld lI"'lct uu lllellt J III III II JII till.: tl~I:;1 of l"l.!corcl
fHed ulIllor IIlln"J.s County Clerkla FUu I/o. IWI]660. Till! (1.1300 /ICl-C trllet uf
Illnd is 1II0re JI"etlculllrly d08crJbeJ by IlIctt:U /lilt.! hUUlltlll au follo\l~1j
lleuinnlll11 lit U III1Hu). PO!! l: 111 COliC relf!, fOllllt! f or 1I1l~ lIor th\llltl t corllllr ut
tlte herein de8crll1ed tl."IlCtj 91\1d polllt Iwlug colncJdcnt \11th tlte ElIst:c;r1y Loulltlury
lille of of thu G.\I. t. S.A.ILIL CUl/lp/lll)' lUO fect \lldu r1Uht:-of-\lll)' IJllll twJll1l
the Suutll\Juul: conlin- uJ: lhut certuJIl 1".'15 llCl"L! l1"l1(;t uf )/11111 l:onllefly O\lllL:d
lIy C. F. NcCllhe.
'l'lttmcl.!, If 000 23' 3!)1I !ti colllcldt.:l\t \lJth thu !iouth buunt.!lIry I1nu of lite
lIfUret3E11d 1'..'15 Llcr~ trac~..:'o(1":llllldi II distflllCU of 50.UO fuet to II 1/2 inch ~l"OIl
. .
rud I.wC 1'01.' tho llorcllUlIut COL"nL!t" of t:11U IIurcln I.IUUCl-lIl1~t1 troct of J'lIlc..1.
TI".lIlcu., ~ 90 10' "II" \I; II t1JUCIIIIClI of :lOU.Of) fuet to II 1/2 JIlI:1t Jroll rOIl
Iwt fOl- tllo 'Boutlt\Juut conlce uf,thIu ().IJllU IICI-I! tl"lIct of JUllt.!.
Thune!!. 1/ 70 35.1 2011 IIi coJllclt1l.:llt \lllh t:he ElI9tcr)y rJ.uht-of-\luy lJllc
,
of the nforesnlJ 0.11. 6. Ii.A.Il.ll. III1lI tlte IJesturly uoullclll!"y lina of lilt.: uforcaoitl
11I.'.:?Wi IICI"C 1:t"IICI:j II "'utullcU Ill' 1~7.55 fL!l:l ll.l till.! /'0"'''' Of llEGlIlIHlIG.
~~~J cr ~/
~-;;~ F. nECI(
TEX^S IlEG1STIUlEU !'UIII.lC SUIlVI~YOIl 110. 2021
f'l
\~.()Fr.
,"'......... "'~ -,-
c).' 1S\.. '.-t'
.' l~" -r '. VI
A': , -
. ~ ~
......., ,.. I . . ..
- JAW S r. ",W:ii' I. ..
... ~. .. f"" .. t' '" . ~ "' . ....
-0'" 20:.! I .:
(/'_.f>~ <) "<\1'
d) ':" ~/:l r L \\~;. .:()
. ~:c's"iiil-Jt.~
~~...,..,--'
DATE: IWVnlllEll 12.1901
.JOII lIO. 111%-01
. , .
e
e
EKIIIBI'l'"A"
TRACT )
BAYSIIORE INDUS'rRIT\I., INC,
EfI::INI:f IH. 1:5:5' C\cl'e~) .:'" I,Ind, 1o":'I'IH .:., , II1Hi!!;, bedl"!! ,1\ pLlI'l: cd' il
c.:\I lHc:J ,1/).'1;::E.15 aCI"~ lI'.:II:1; .:.1' 1;It.d, f.i'I;Ui.lllo!(1 In I;lll~ U. 1'. """TlB
!:'lll'V~)-', ,:\l.H:ill'Ctcl; "'c'. 30, '.lill'/'j:; C':"H.I:y, lEnl;lu, "Ir.d llajr.n '''':'''Ii!
pi.II"I;I,c'ulal'ly cJl:!!JCI'lIH::d hy 'IIfJl:e~ 0::\1'.11 b,,:".Il'lrJt5 /Jll 1'.:dl,:,wUI
i)
BEGIN''''I'''' cd; C\ 'I i'lcll IIY " II'/ell c,:.r.r:,'ul:,: l'ill'd;-.:,F-w.;IY 1,';lI'lo.a,'
f':'l.lnd ,'.:",' the '~';)I'!;IICHJ!EiI; cO::Ot-".l.'l- .:.,' 1:IIu he,'~ln d'Hic:,"jl'tull tl'.;\cl: .:,r,d
(;he fk'lIl;heasl; c,:.t'YIl~I' ,:01' a 1'1. '15 ae,'!? (;,'acl:, in till" lICHlt.:!,'ly
,'iOIlI;-',:,f-wilY ) il'.1:! 0" BI:.,da'! "iUllll':"}' ,..,':... I'IE, \),'!II'IU 1.:.catr~cl fj.:...l:h
;~3 Ilell"WHi, 3f. hlir,ut.eHi, Ill'l ~il?l~,:,,,,,d~ l-Jn!st, i:\ dlt.l:iu'.l::l! 70::oF 5f\7.5E
f~et; (I~':'hl a 'I Ir.ch hy " irll:h C':.....c:I'U(;I:! I'julll;.-.:"'-..,ay h..\l'IH:" "':".II"IC'
ilt. t;he.. int:p.I'st:!cl;ior, of I;IH:! l-Ionl:lr,,'ly ,'I!J'd;-o:of-'''''I)' 'ir.i.! .:.f Stlll:U
Iliohl-Jay N.:.. IJ,e 1..,1\;11 l./m tkof.lUllwJy ,'i[Jllt-'.:,f--HilY I 11'1C! .\:of "'cCi.bL?
I (,::. iHI j
1IIENCJ:' fk'l.ll;h 23 dt~U"et?~j, 2ti) hdr.t.lll:!!i, ~;5 5(!c.:O(Il'~ "":::it h:,,,"ut:l
N.:'I'lh 2,~ dt:!UI'f.HH'i, 55 ,.dl",..I(;t:iEi, ,~f.i (illc.:....ds F..lli(;) 1.1':"'Il) ,"11',11 Hith t;11l~
\'lcH:ilt-wly ,'iOhl;-.:.f-uiIY lir,c ,:0(' UI;.'.tl:tI IIiUIHoIi'Y ,.10:.. 1.'t(~1 ..-\ Ili!il;.:\I"IS::~
01' t:~E.F....'3'1 fst:!1: 1:,:. il " ir,dl hy 'I ir.ch c.:.r.r.:I',~(;e I'in1tl;-.:d'-"II"IY
"":'I'.l.Ihll!.rd: fo::..' C.:"'I"ll'l" II" a ,'ur,,':n lil'ltU. ill",il"(j jn I;IIl!: EiIU\;lH'ly fine
0:0" ,,' 'I. 1lIF...'3 liCI'1:) t; ".!IC I; '.J r 1 .:.l'ld i
"''''EI''CE ',1>:,,'1;11 13 denl'etU~j, 31 l.d,.'lll!5, 3':' l:.~I;,:,...do E.!Is'; (ci.dlt:lf
8':",I\;1\ 10 dtilU"Io!ill5, 2';) "dl'.,.IlhJtJ, Ill~~ ~HfI>:""'I.I!'] \..J.~ul:l II l:lll5(;o!H,I:U .;,1'
Itl'I.'/B "(leI; I;c. <'1 p,:.lr.1: /":'1' c,:q'l'Itr" il'. 1>:.r,cI"ul:n ill; .Ii l'~r'I:l:.' cO::.I'rlu,'1
TI-lEI"CE S':'I.ll:h il':] (h~UI'e/:.l!i>, ;~1 "llrlllll:ll.. ,,':J !!.I!(;c.r.lIs \..Jmul; u r11fott;.3I'.cl!>
c.f 3':IIl,.7" Feel; 1;,:. a IK..I.-.1: I'.:,,' (;:,:"",0" h, C":'r'II;I',.}I:HJ .hl; !I fl.?l"I.:'~
c(:',"rll:II~1 II" lllu EiHll:l:!l'ly I j"e .:..1' lh~l 13. H. It B. n. n. 11. C':"
t', j Ulll; -'0 I' -~,,,,\y ,
TIIEI"CE' 1,/0:'1'1:/1 07 ch~!I"(!(Hi. 3:') IIIi .....llfH,. i::llt !H!C,~'r,"!::i I.II:s\; a 1':'1"0 .nr,d
W i l; h l; he E li5 I; lH' I Y I i rtl:! 0;:, f t.; cd" 13. II. 8,. B . n. H . n. C oj.
,'iUhl;-'.:.f-way, a IIlsl;.:.lnC:1l 0:01' 1\':11.'1(\ l'e~!I: 1;0::' ;\ l/i~ \,...ch i,'ol'1 (lipe
~il:l "0" c,:,,'rtel', bE!ir'!l l;lll~ 1I1.:.ul; tk.,..!;I, C':"'!'I!.:!!" '.:'" II fll. 1)lbU ilC"I~
ll',te\;j
TIIENCE 1-1':'1'1;1. 0':J rJnn,'(!fH:i, II/.I 1,linl.ltLHit ..:::5 5t?c.~'r.tlu Eel:;!; a lIist.!lrlce
.:.1' i~~l/Iill.lll fel~l; 1;0:. d II;:::. il',r:1I il":,'I'. pipe tll:!\; (.:.,' 1I1l~ 1I105t Ecl!:it
1:'(,"'...111' of f.ii:1id VI. 1.10U ill::"\"! ll'dl::l ,:0/: 1ill'IlJI j,', \;I,m lk.l.,lh 1 irlf:t .:.f C1
I 'I . ',~:i i\ r: I' H t,.. .,1 C \; ':.' " 1.:.\1" II i
"'1'IE/~r:E Ho,'lh IH\ dl!U"I:!l!~il .::;~. h,ir,'d;w'., 5':J flf:e';"I',tfs Eilul; (c':'IIIL.!d
fk".llI, on u8u,'eEHil 2'1 ,,1i(I'.ll;E1Ei, ~~B t;OC')I'.l!u ~"Hi(;) cd,,:'I'Il) ilrlLl Hil;h lh~
fh::outh Ilnu c,f Ei"",id IJ,,'.5 ,:lC""! !;,'':lcl; .~.f l.HlrJ, ,,' ,'iul;"mclJ cd' c:J112.(;.-'
I'ep-(; tc, the Plil!::l? Of Jjl!!lit.!'dl'.f/ c!r.l' c.:...d;ajrdr,u J/;\.I~Cjtil aCI'c!:S 'JI'
"':'f1U,' IMJl'e wi' leti5.
~l ".oillJlH'~ Hfl/t M'
l'llokl~h /.10'1'1"" , &.I1'11f~,'" Ilof 1111 .I~'
. filE S'A'l O;'lf~~S'j",~v4101i.o,....':4~'mI':J~~I:~J"~~''''
. COUN'~ or "AIHIlS IIL-!.....J...
, Ilt'I\JV r ..h', II Ih .
Sc"Io.,1I:1\ 01111. 11 '11 1\ III1IJUlIJtIIl Il'U IIIf D .
.I..,v (Ir rUI/Il( l~ .Ie .11.' tlll.t lilll, 1ll/lljJrll" ':: 'lit "ulII!>t,
IIwil (OUIII, I~;~'I"'C (JII'Cl,1 "l/~I" ""u'c1:':t~ IJI'~Ie:V"d ...,
. 1111 C II Oil< II, ..I
f,l^ Y :J l~aO
,......."
,
.
.
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN
INDUSTRIAL DISTRICT AGREEMENT WITH BAYSHORE INDUSTRIAL, INC., WITHIN
THE SOUTH LA PORTE INDUSTRIAL DISTRICT FOR THE TERM COMMENCING
JANUARY 1, 1992, AND ENDING DECEMBER 31, 1998.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby finds, determines and
declares that BAY SHORE INDUSTRIAL, INC. has executed an industrial
district agreement with the City of La Porte, for the term
commencing January I, 1992, and ending December 31, 1998, a copy of
proposed industrial district agreement being attached hereto,
incorporated by reference herein, and made a part hereof for all
purposes.
Section 2.
The Mayor, the City Manager, and the City
Secretary of the City of La Porte, Texas, be, and they. are hereby,
authorized and empowered to execute and deliver on behalf of the
City of La Porte, Texas, the industrial district agreement with the
corporation named in Section 1 hereof, a copy of which is attached
hereto.
The City Council officially finds, determines,
section 2.
recites and declares that a sufficient written notice of the da~e,
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 14th day of October, 1991.
CITY OF LA PORTE
ATTEST:
BY
Norman L. Malone, Mayor
Cherie Black, City Secretary
~daL
Knox W. Askins, City Attorney
.
e
NOTICE I THIS CONTRACT IS SUBJECT TO ARBITRATION
UNDER THE TEXAS GENERAL ARBITRATION ACT, ARTICLE
224, ET. SEa., REVISED CIVIL STATUTES OF TEXAS
STATE OF TEXAS S
S
COUNTY OF HARRIS S
S
CITY OF LA PORTE S
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY OF
LA PORTE, TEXAS, a municipal corporation of Harris County, Texas,
hereinafter called "CITY", and BAY SHORE INDUSTRIAL, INC., a
corporation, hereinafter called "COMPANY",
WIT N E SSE T H: That
WHEREAS, it is the established policy of the City Council of
the City of La Porte, Texas, to adopt such reasonable measures from
time to time as are permitted by law and which will tend to enhance
the economic stability and growth of the City and its environs by
attracting the location of new and the expansion of existing
industries, therein, and such policy is hereby reaffirmed and
adopted by this City Council as being in the best interest of the
City and its citizens~ and
WHEREAS, Company is the owner of a certain tract{s) of land
more particularly described in the Deed Records of Harris County,
Texas, in the following Volume and Page references, to-wit:
TRACT 1, 2, and 3, as described on Exhibit "A" attached hereto.
This agreement shall be subject to the additional restrictions
contained in Exhibit "B" attached hereto.
e
e
-2-
upon which tract(s) Company has either constructed an industrial
plant(s) or contemplates the construction of an industrial plant(s),
and
WHEREAS, pursuant to its policy, City has enacted Ordinance
No. , designating a portion of the area located in its
extraterritorial jurisdiction as the "South La Porte Industrial
District," hereinafter called "District," such Ordinance being in
compliance with Section 42.044 of the Texas Local Government Code,
and
WHEREAS, City desires to encourage the expansion and growth of
industrial plants within said District and for such purpose desires
to enter into this Agreement with Company pursuant to Ordinance
adopted by the City Council of said City and recorded in the
official minutes of said City:
NOW, THEREFORE, in consideration of the premises and the mutual
agreements of the parties contained herein and pursuant to the
authority granted under the Municipal Annexation Act and the
Ordinances of City referred to above, City and Company hereby agree
with each other as follows:
1.
A. City covenants, agrees and guarantees that during the term
of this Agreement, provided below, and subject to the terms and
provisions of this Agreement, said District shall continue and
retain its extraterritorial status as an industrial district, at
least to the extent that the same covers the land described above
and belonging to Company and its assigns, and unless and until the
status of said land, or a portion or portions thereof, as an
industrial district may be changed pursuant to the terms of this
Agreement. Subject to the foregoing and to the later provisions of
this Agreement, City does further covenant, agree and guarantee that
such industrial district, to the extent that it covers said land
lying within said District and not now within the corporate limits
of City, or to be disannexed from the corporate limits of City,
shall be immune from annexation by City during the term hereof
e
e
-3-
(except as hereinafter provided) and shall have no right to have
extended to it any services by City, and that said land shall not
have extended to it by ordinance any rules and regulations (a)
governing plats and subdivisions of land, (b) prescribing any
building, electrical, plumbing or inspection code or codes, or (c)
attempting to exercise in any manner whatever control over the
conduct of business thereonJ provided, however, it is agreed that
City shall have the right to institute or intervene in any
proceeding authorized by the Texas Water Code, the Texas Clean Air
Act, or the Texas Health & Safety Code to the same extent and to the
same intent and effect as if all land covered by this Agreement were
located within the corporate limits of City and not subject to the
Agreement.
B. Company agrees that it will not, during the term of this
Agreement, use or seek legislative or regulatory approval to use,
nor allow any other person to use or seek legislative or regulatory
approval to use, any portion of the tract(s) of land described above
as any part of a commercial hazardous waste management facility, as
defined in Chapter 296, Acts of the 72nd Texas Legislature (1991).
Company further agrees that it will, within thirty days after
execution of this Agreement, place a deed restriction on the
tract(s) of land described above prohibiting the use of any portion
of such tract(s) as any part of a commercial hazardous waste
management facility. Company hereby agrees that in any suit by City
for breach of any provision of this paragraph, City may seek and,
should it prevail it shall be entitled to, specific performance of
this provision of this paragraph.
II.
Company agrees to render to City and pay full City ad valorem
taxes in the form of "in lieu of taxes" payments, on its land and
improvements, and tangible personal property, as fully as if said
land, improvements, and tangible personal property were annexed to
City.
e
e
-4-
III.
This Agreement shall extend for a period beginning on the 1st
day of January, 1992, and continue thereafter until December 31,
1998, unless extended for an additional period or periods of time
upon mutual consent of Company and City as provided by Section
42.044, Texas Local Government Code; provided, however, that in the
event this Agreement is not so extended for an additional period or
periods of time on or before June 30, 1998, the agreement of City
not to annex property of Company within the District shall
terminate. In that event, City shall have the right to commence
immediate annexation proceedings as to all of Company's property
covered by this Agreement, notwithstanding any of the terms and
provisions of this Agreement, and in such event Company agrees that
if the Texas Municipal Act, as amended after January 1, 1980, or any
new legislation is thereafter enacted by the Legislature of the
State of Texas which imposes greater restrictions on the right of
City to annex land belonging to the Company or imposes further
obligations on City in connection therewith after the annexation of
such land, Company will waive the right to require City to comply
with any such additional restrictions or obligations and the rights
of the parties shall be then determined in accordance with the
provisions of said Texas Municipal Annexation Act as the same
existed January 1, 1980.
IV.
This Agreement may be extended for an additional period or
periods by agreement between City and Company and/or its assigns
even though it is not extended by agreement between City and all of
the owners of all land within the District of which it is a part.
In this connection, City hereby expresses its belief that industrial
district agreements of the kind made herein are conducive to the
development of existing and future industry and are to the best
interest of all citizens of City and encourage future City Councils
to enter into future industrial district agreements and to extend
for additional periods permitted by law this Industrial District
Agreement upon request of Company or its assigns; provided, however,
e
e
-5-
that nothing herein contained shall be deemed to obligate either
party hereto to agree to an extension of this Agreement.
V.
Company agrees to pay all "in lieu of taxes" payments
hereunder, to City on or before December 31 of each year during the
term hereof. It is agreed that presently the ratio of ad valorem
tax assessment used by City is one hundred percent (100%) of the
fair market value of property. Any change in such ratio used by
City shall be reflected in any subsequent computations hereunder.
This Agreement shall be subject to all provisions of law relating to
determination of value of land, improvements, and tangible personal
property, for tax purposes (e.g., rendition, assessments, Harris
County Appraisal District review and appeal procedures, court
appeals, etc.) for purposes of fixing and determining the amount of
ad valorem tax payments, and the amount of "in lieu of tax" payments
hereunder, except as otherwise provided in Article VI hereof.
VI.
(A) In the event Company elects to protest the valuation for
tax purposes set on its said properties by City or by the Harris
County Appraisal District for any year or years during the terms
hereof, nothing in this Agreement shall preclude such protest and
Company shall have the right to take all legal steps desired by it
to reduce the same.
Notwithstanding such protest by Company, Company agrees to pay
to City on or before the date therefor hereinabove provided, the
total amount of the "in lieu of taxes" on the unannexed portions of
Company's hereinabove described property which would be due by
Company to City in accordance with the foregoing provisions of this
Agreement on the basis of renditions which shall be filed by Company
on or before March 31 of each year during the term of this
Agreement, with both the City and the Harris County Appraisal
District for that year.
When the City or Harris County Appraisal District (as the case
may be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
e
e
-6-
competent jurisdiction or as the result of other final conclusion of
the controversy, then within thirty (30) days thereafter Company
shall make payment to City of any additional payment due hereunder
based on such final valuation, together with applicable penalties,
interests, and costs.
(B) Should Company disagree with any appraisal made by the
independent appraiser selected by City (which shall be given in
writing to Company), Company shall, within twenty (20) days of
receiving such copy, give written notice to the City of such
disagreement. In the event Company does not give such written
notice of disagreement within such time period, the appraisal made
by said independent appraiser shall be final and controlling for
purposes of the determination of "in lieu of taxes" payments to be
made under this Agreement.
Should Company give such notice of disagreement, Company shall
also submit to the City with such notice a written statement setting
forth what Company believes to be the market value of Company's
hereinabove described property. Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an
agreement as to the market value of Company's property for "in lieu"
purposes hereunder. If, after the expiration of thirty (30) days
from the date the notice of disagreement was received by City, the
parties have not reached agreement as to such market value, the
parties agree to submit the dispute to final arbitration as provided
in subparagraph (1) of this Article VI(B). Notwithstanding any such
disagreement by Company, Company agrees to pay to City on or before
December 31 of each year during the term hereof, at least the total
of (a) the ad valorem taxes on the annexed portions, plus (b) the
total amount of the "in lieu" payments which would be due hereunder
on the basis of Company's valuations rendered and/or submitted to
City by Company hereunder, or the total assessment and "in lieu of
taxes" thereon for the last preceding year, whichever is higher.
(1) A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be named
by those two. In case of no agreement on this arbitrator in 10
e
e
-7-
days~ the parties will join in a written request that the Chief
Judge of the u.s. District Court for the Southern District of
Texas appoint the third arbitrator who (as the "Impartial
Arbitrator") shall preside over the arbitration proceeding.
The sole issue to be determined in the arbitration shall be
resolution of the difference between the parties as to the fair
market value of Company's property for calculation of the "in
lieu" payment and total payment hereunder for the year in
question. The Board shall hear and consider all relevant and
material evidence on that issue including expert opinion, and
shall render its written decision as promptly as practicable.
That decision shall then be final and binding upon the parties,
subject to judicial review as may be available under the Texas
General Arbitration Act (Articles 224-238, Vernon's Annotated
Revised Civil Statutes of Texas). Costs of the arbitration
shall be shared equally by the Company and the City, provided
that each party shall bear its own attorneys fees.
VII.
City shall be entitled to a tax lien on Company's above
described property, all improvements thereon, and all tangible
personal property thereon, in the event of default in payment of "in
lieu of taxes" payments hereunder, which shall accrue penalty and
interest in like manner as delinquent taxes, and which shall be
collectible by City in the same manner as provided by law for
delinquent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding
upon City and Company, and upon Company's successors and assigns,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the property
belonging to it within the territory hereinabove described, and the
agreements herein contained shall be held to be covenants running
with the land owned by Company situated within said territory, for
so long as this Agreement or any extension thereof remains in force.
e
e
-8-
IX.
In the event anyone or more words, phrases, clauses,
sentences, paragraphs, sections, articles or other parts of this
Agreement or the application thereof to any person, firm,
corporation or circumstances shall be held by any court of competent
jurisdiction to be invalid or unconstitutional for any reason, then
the application, invalidity or unconstitutionality of such words,
phrase, clause, sentence, paragraph, section, article or other part
of the Agreement shall be deemed to be independent of and separable
from the remainder of this Agreement and the validity of the
remaining parts of this Agreement shall not be affected thereby.
X.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said land shall terminate.
ENTERED INTO this
day of
, 1991, effective
January 1, 1992.
BAYSHORE INDUSTRIAL, INC.
BY:
Roy Cabler, President
ATTEST:
Secretary
1300 McCabe Road
P.O. Box 785
La Porte, Texas 77572-0785
APPROVED BY COUNSEL:
DRISCOLL & LACEY
By:
Arlen M. Driscoll
Attorney for Company
1100 Louisiana Street
Suite 5000
Houston, TX 77002
Telephone: (713) 951-9000
ATTEST:
CITY OF LA PORTE
Cherie Black, City Secretary
BY:
Norman Malone, Mayor
BY:
Robert T. Herrera
City Manager
C I'rY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
e
e
-9-
APPROVED BY COUNSEL:
KNOX W. ASKINS
City Attorney
702 W. Fairmont Parkway
P.O. Box 1218
La Porte, TX 77572-1218
Telephone: (713) 471-1886
e
e
EXUIBIT "A"
SOUTH LA PORTE INDUSTRIAL DISTRICT
All that certain tract or parcel of land, consisting of 32.9112 acres in the W.P.
Harris Survey, A-30, Harris County, Texas:
BEGINNING AT THE intersection of the south right-of-way 1 ine of McCabe Road
and the west right-of-way line of State Highway 146;
THENCE in a southerly direction coincident with the west right-of-way line
State Highway 146 to its intersection with the north boundary of the
former Bayshore Municipal District Sewage Disposal Plant a 4.069 a,cre
tract; I
THENCE northerly and westerly coincident with the eastern and northern
boundaries of the former Bayshore Municipal District Sewage Disposal
Plant a 4.069 acre tract to its intersection with the east right-
of-way of the G.H.& S.A. Railroad;
THENCE northerly coincident with the east right-of-way line of G.H. & S.A.
Railroad to its intersection with the westerly projection of the
south right-of-way of McCabe Road;
THENCE easterly along the south right-of-way line of McCabe Road to the
POINT OF BEGINNING, said tract being 32.9112 acres.
Said 32.9112 acres being more particularly described in Exhibit "A", Tract 1,
Tract 2, and Tract 3 Bayshore Industrial, Inc.
e e
EXHIBI'f "A II
TRAC'l' 1
BAYSUORE INDUSTRIAL, INC.
Being 14.6253 acres of land out of the C.[I'. McCabe 28 acre tract in
the W.P. Harris Survey, Abstract NO. 30, Harris County, Texas, said
tract being described as follows: Bearings are based on North 070
35' 20" West as per record description.
BEGINNING at a point on the Westerly rigllt-of-way line of re-Iocated
State lIighway No. 146, where same intersects the South right-of-way
line of McCabe Road (80 feet wide) said point being marked b~ a 4 x
4 concrete right-Of-way marker (top now broken off) for the
Northeast corner of the herein described tract,
'fUENCE South 230 40' 36" West, with the Hesterly line of said State
Highway 146, a distance of 507.27 feet to a 4 x 4 concrete right-of-
way marker for corner, said point being the Northeast corner of a
called 18.4285 acre tract now or formerly owned by the Carla
Company, et al,
THBNCE South 000 23' 39" Hest, along the North line of said 18.4285
acre tract and generally along a fence (as shown on survey map) at
250.40 feet passing the center line of Harris County Flood Control
Easement No. 1\104-09-00, at 710.25 feet and 0.32 feet South passing
a 2 inch pipe, at 1009.00 feet passing a 1/2 inch iron pipe on Iln~
and continuing in all 1040.61 feet to an Iron "T" rail fence post
set in concrete (found broken off level with the ground and leaning-
reset) for corner, said point being in the East right-of-way line of
the Southern Pacific Railroad 100 foot right-of-\o/ay (based on the
center line location of tracts),
'l'lll~NCE North 070 35' 20" West, along the I~ast line of said railroad,
538.60 feet to a 5/0 Inch iron rod set for corner from which a 3/4
inch iron pipe is found 1.60 feet South and 1.10 feet East, said
point being in the South line of said McCabe Road,
'rIlENCE North 000 35' 30" East, along the South line of McCabe Road
and generally parallel to and 1.00 feet North of a fence at 31.07
feet and 2.50 feet South passing a 3/4 incl\ iron pipe at 703.10 feet
passing the center line of said drain easement and continuing in all
1347.57 feet to the PLACE OF BEGINNING and containing within these
calls 14.6253 acres of land.
e e
EXHIBIT "A"
'l'RAC'f 2
BAYSIIORE INDUS'rRIAr~, INC.
Uuing u 0.1308 /Jcre ll-nct of lund locllled JII till.: II. 1'. Hurd,1i Survey. A-JO.
Hurris County. TexuB; uuJd 0.1300 /lcn~ tnlcl of 10lld hulllg out of It./lt cen:llill
IO. ',205 ncro truct of lU1II1 conveyed by 1\01lll:: <hmol-s IllvcfitlllclIt Compvny to \I.
'1', Curter; 'l'custce l!lld Le1.116 tile 6l:COlld ta'ilCl /Iii lucntlullcl1 111 till: IhH,d of record
fHed undt.lr lI/lo:1B Cuullty Cled('a FUc !In. E1l17660. TIII~ O.130fl Here ~rElct of
Illnd 1s \Ilore pllrticullll-ly described lIy mules UIIll IlOlIlIdll au folloWUj
,
UcuinninlJ lit II IlIlHul pOf.Il: ill cOllcrato. fOll/1l1 foc the Northwll:H conwr of
the herein cJe6crib(~d truct; suid polllt helllg f:olllcidunt \lith the ElIst:qrly LoulIlluc)'
1J.1l0 of of the a.lI. (. S.A.H.ll. CUIIlPUIlY lUO feul widu J:"i()lll-of-wlI)' Hlld 1HdnU
tllU Southwuut conwr of thut: cen:ull1 1'/.'15 /lcn~ ll'lIcl of 1111111 L'orllll:l"ly (J\llIet!
hy C. F. NcL:ul1e.
Thcncc, II BOg 23' 39" !~"i coincic1l:nt Hllh tlll~ tiauth l10untlllry 11nc of the
nfurecil1d 111.45 acr:!,! trAcJ:"'of'::lul\t!j II dLstullcc of 50,UO filet to II 1/2 inch !l-on
l' u d t.W I: f 0 J." I: II ~ II 0 &: t: II &.: u U l: co L- n c r 0 f I: II u "e &: c 1. n 1I u U C 1'1 II ~ d L: r l) C t 0 f 1111 III .
ThuIlCI:. S 9" 10' lU" Hi II dJUl:lll\C(J of: ;WO.OO f:eut 1:0 II 1/2 11\(:11 Jl'OI\ rod
tWI: fOl' the'South\Jcut conlCr (If.lIdu O.lJOU IIcn~ ll'lICI: of Illlld.
'l"":HlCI!. U 7035.120" \/; COillCldlHlt \-ILth the Easterly rJ.ght:-of-\Juy Une
.
nf dIU nforesaid G,ll. E. H.A.ll.IL Ulld the \/cctcrly lWlIlldl,ry 11no oC tile uforesoid
11l.'121l~i IlI:'"C (:1-lIctj II dll/tullcU ut' 1!J7.55 fuca:. lu lite 1'0/11'1' Ol~ IIEGINIHtlG.
4J :cr ~/
~g :" nECK
TEXAS IlEGlSTERIW PUUl.lC SURVEYOR un. 2021
"'&
\~()Fr.
.. \>-.....~.......C.I' )
,)..... ..J ".-1'
II'.... \..... " -'. t.fl
. I '. ~
.......,... . . I . .
: JAWS r.",iii:ii'.... J
,...,.............. '
.. ".......
-0"-. 20;!1 .:
(/'. .9~ ~ .- ~V
c9....~f:; rc_I~~;..:..l)
. !.::l' 'siji~~ ~~
~~,..;,..r-.
IM'l'E: NOVENIIEIl 12.1901
JOB 110. 1', )6-01
e e
EXlllBl'l.' "A"
TRACT 3
BAYSIIORE INDUS'I'RIAL, INC.
tiEING ltL 1:551 aCI'e!:.o:'" 1.,1"'11:1, Iol.:q'lil .:..' J&:.5, ueil"[/ .n fHlI'l: .::./: iI
c_'iIIHd lIL tli::H5 aCI'p- b'~Ict; .:..: lin,d, 51 t;1.l.:.llt:Hl il'l I;h,:! 1.1. P. 1'1':11"'1&
l:ILlI'Vt?y', ('lbsl;l'act Ne,. 3121, "lill'I'is c:.:oI.lrll:y, "'eII iHi, ,,'rill bedr,n Iol':"'~
pi,,'1: IC'1.11ar'ly d(:!~cl'ibt::d by Iolt01l:t::!~ ill'ld b',;oI.II',lj", i,d; I'.;:.ll.:.wti;
;)
l:IEGIN/"II"G al; a 'I lrle/) hy 'I inch c.:.r,c,,'~l;l? l'i!l/ll;-':lf-~alY ,,1':'11 'I., p. I'
f 01.11"1.'1 f 1:.1" the "";:'1' I; h P. <.t!Oj I; ceo '" 1"10 I' .:. f t; h U IHi! I"e ii" r/ fHi C I" i hurl l: I',"C l; ,:'l'ld
t/)e fk'lll:he.:tsl; cl:'I'r'l~I' ,:,f i'.\ 1'1. '15 iH'::I'i? I;,'acl:. in tlH? L-Jp.st.?r'ly
t'iOIlI;-'.:.f-wi1Y 1 il'lI= cd' Sl;,:d;l~ "iUIIl~,:,}1 N.j. l'IE, Il.':!ii-,U 1.:.cabul fj.:.ld:11
;::-3 t1efll'IH!~1 3f:. Iolinlll:eu, 1/.1'1 !'il~I~.:....cI8 1,Ir:!sl:, c':\ di~.ti''''CI? of~:'1I7.5i.;
feet {I":."I a 't i....cl1 llY 'I incl'l c,,:'('CI-f~l;1J l'iUIl\;--,:,f-\'Ii..\Y hlill'ln:!' I:':"H-.rl
<,d: tilE' ir,lp.I'sEcliclr. elF the I-JOfil:(",,'ly l'i!)ld;-o:,f-l'WY line .:.j: 81;,,11:0
"llgh'oJdY Nc.. 1'd:. '-Ji(;11 l,/ll~ ~k".II;'"n'ly l'ioht;-'c.f--,.wy lil'.n (.f "'cCe:djl:
HOild i
TIIENC/:' fk'I.II;h 23 rh?UI'ee~., 2ti., hdrl'llIt~i, ~j5 Sflcl::'(llls UIH:;I; (c::.'\llw:1
N.:,,"1;1l 2,=! dl:q)I'~e6, 55 lilt r',I.l I;t;':;!:i , ,::::i IHlCI:'\"Ic.ls E.':l!i(;) c:.lI:,t"lI ii(," l'Iith till:?
l-lnslt-!I'ly l'inl1(;-of-l-wy line ,;,f [jl;dl:u lIiU'Il-lc'Y "":" 1''11:', ..\ lliti(;il\"It::~
.;:01' L~E.E..'3il fe~(; 1;.:, ,H i, ir,el. by il i\',ch c':'r.r:I'I~le I'inlt(;-.:d:--I''''Y
111':'1'11.11111:'1'11; fC'I' C':'I,...t;!I' iI'" i! "L!(II.:t:l lil""-', lltO/in\J in LillI: EiHilul'Jy line
C,' ,: ':1 il. 1lIE.'3 .:u::.'e t 1',He I; I,:' f 1.:.1',r/ i
THEI"CE '''01'\;11 J.1 cJeUI'ee~:i, 3. 1.lir'll.lllo;'=, 3~J ~~I:':"'lcJE:i E,,'51; (ci.lll.uJ
6,:01.11;11 10 cJlilUI'e8s, 2':) IlIil'.'_II;':15, "'~~ !iol::':'I',ds W~~~I;) ., rlilSl;';:ll'It::t: .:;ol:,
15'1.\l18 ':~et 1;":1 ':'1 p,:,1r,1; 1:':'1' C.:,,'\'II::" i"1 cl:.r,c"'HI;H i:11; "I /'i:H'ICl:.! ce'I'r,!:,';
THENCE 8':".11:1"1 1l':3 d~UI'IH':!.'l, ;~1 "II I'I'J I: I':H.. '1':-) :.1~C'::'\""S WC:Hil; it rJi~;t3.I",ce
.:.f 3~)lb. 7il feel; to ~ p.,~,i,-,l; 1',:", c,:q"r,el' il'l C'.::.r',CI'I-.:ll;llJ .:d; .i.1 fl.?rlr:~
c.;:....nul', in l;lle Eil!:ll;I~I'ly 1 ir',e .;:.f I;/'Ic! 13. 1-1. /l. H. n. n. n. C':"
I" j Ull l; -"J I: -"I,,'y i
"fIIEI-ICE '''O:II'tl1 1217 Clt:!!ll'LH:lE, 3:') Ilti\"IIIlp.~,. i::I/.' !:w::o....ds I.IIH::;\; ale.nn ",r.d
wi I:h I;h~ EclE\:t.wly 1 ir.8 of Gelid n. II. K ti. n. IL H. CCJ.
l'iUhl;-'I:.f-way. a di51;i.~rlcn 0:./: /'I';J1.ilfl I:ec~\; to:o a II;?' ir,ch il'on pipe
~;(d; r 01' CI:'I"'I~ 1', bl-J i n!l t I'll:.! hl(l~i l; f.-k"..l; I I c.:,,' roe..' .::' J' il Ill. I 31bU ilC I 'I:.!
l: I'.,e (; i
1IIENCI,:: 1-1.:..'1;1. 121':) rJnfll'f:CHi. Ie. l,dl'''.It(:!~i, ..:::~) secorldu Er.I~1; a
.~.r j=;lbl/l.llJ fel:!\; (;.:. d 1/;2 il'.ch il"~'I'1 pipe Hl~l; f':'I' LIlli! hll::.:;t
C.7,.",,.,I:I' ,::.f f:i",id V.'. 130H iICI't.:! l,';:"cl; ,:0/: "I.I..Il:!, i,-, 1;1112 !5.:.I.ll;1l
I 'I. i, ~:j a c:: I' I:~ t... ,:I C I; .:~oI: 1 i.ll" d i
II i s I; ~Ir,ce
Fi\ Iii \;
I j r II:.! I:' F i,I
."I'II::I~f~~: J\'.:..'ll', E\f\ IJ(.~U"t.:C~~i, ~::~~ ,.Ii r.ul;l;:~-:i, 5r:J ~:ec'':''''lds
fl,)I,lth All d8(Jt'ees, 2i. "Ii(,...l;l~!:i. ~j(\ Go(x'l'ld~ ~ItHit;)
~I,,::'l":h 1 ir,u c.f e;.:.dd I'.. i.5 .:lCI'I~ 1:1'~.cl I:',f Idr,d, ~\
fep-l; I;e. 1;110 Pli.lI::l;! Of EJnUit,,',jr,!'l iH,1I c,;,.,.,I;dir.1r"J
l.:,(tu., "'Ol'e ClI' It:!6~.
E i1 u I: ( I::..d 1 ~ t:I
cll,,:'I'It! iH.d ''1il;h (;1'18
rJ i G l; ~nICl:! Co f' ~li2. t-/
It\. I:.-itil ,O\CI'f.H. I;:'"
VII "lOi'M" I. ~/I" .11
,.".~ lAir W ()lql ," , <.I, .'lf~"1l1l1( Hll AI"'
J I IE S 1 All Of'lf ~~S'I' li'lCVljlO v.oll/,j':,;~~~L~ J::1..C11 :.'''''.'-11
,C()UNI~ 0/'''1\1/(/15 AII....AAlI.....
I h(,.lly fOlhl) III' Ih .
Sc'II'clI~p 0111/, U, ' II 11I)IrIlUltll' ..., III E '
1IIJly Itrt~UI/ll(I~ ,.I~ ~1I'Ltl"'c'illl"IJ"'"r.lJhcl/'~ I"e UU,IIIit,
Ilwi) COUll I, li:..I, he Il,",1 l'lt~II' IIHUldS o,.~ .,'~t:~I'd ~.\
, .1111 CI ,'oJlcllr..'
',I ^ Y :J 1~90
~Im~, '';\
fir ')
, I ~ 1 '
17 "
/J
. '
e
e
EXHIBIT "B"
INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF LA PORTE AND
BAYSHORE INDUSTRIAL, INC.
Company agrees that it will not, during the term of this
Agreement, use the tract(s) of land described in Exhibit "A" to this
Agreement, for any purpose other than the purpose for which said
tract(s) of land are being used on the date of execution hereof,
which is a blending, mixing and plastics processing operation.
Company's raw materials are plastic pellets from major American
producers and mostly food grade additives that are mixed into the
plastic. The final products by downstream producers are films, wire
coatings, insulation, and moldings for many applications including
household appliances and automotive uses. The waste generated by
Company shall consist principally of paper bags, corrugated craft
and wooden palettes, plus some scrap plastic. All plant waste that
is not recycled shall be disposed of in an approved sanitary
landfill. City shall not be obligated to dispose of Company's
waste. Company shall not dispose of any matter on the tracts of
land described on Exhibit "A", by any method, including, but not
limited to, incineration, toxic emissions, disposal wells, burying,
or any other form of disposal.
Company further agrees that it will, during the term of this
Agreement, keep and maintain a "greenbelt" of trees and other
vegetation, in a minimum fifty foot strip of land, described as
follows:
1) A mlnlmum fifty foot "greenbelt" along Company's property
line abutting the State Highway 146 right-of-waYJ
2) A minimum fifty foot "greenbelt" along Company's property
line abutting McCabe Road, and extending from the State
Highway 146 right-of-way, approximately 650 feet eastJ and
3) A minimum fifty foot "greenbelt" along Company's south
property line, except for that portion of Company's south
property line required for rail track ingress and egress.
Company shall retain the right to create reasonable openings in
such "greenbelts", for ingress and egress to its property.
e
e
REQUEST FOR CITY COUNCIL AGENDA ITEM
==========================================================================
Agenda Date Requested: October 14. 1991
Requested By: Robert T. Herrera
Department: Administration
Report
Resolution
xxx
Ordinance
Exhibits:
Ordinance
Employment and Lease Agreement
==========================================================================
SUMMARY , RECOMMENDATION
Attached is an ordinance approving and authorizing an employment and lease
agreement between the city and Alex osmond to administer the management
duties of Bay Forest Golf Course.
This agreement is effective
1994 with a two year option.
I am continually impressed
Forest Golf Course.
the first of October and expires'September 30,
I sought this contract with Mr. Osmond because
with his professional abilities to manage Bay
I'm convinced that much of the success of Bay Forest Golf Course being
recognized as one of the top 15 municipal golf courses in Texas is attributed
to Alex Osmond.
The compensation within the agreement calls for a $3,000 a year increase in
base salary and leaves the incentive clauses as they were originally designed
for in 1986.
I support the contract and ask for your favorable consideration.
o.
j
Action Required by council:
Approve employment and lease agreement with Alex Osmond for management
services at Bay Forest Golf Course
---------------------------------------------------------------------------
---------------------------------------------------------------------------
Availability of Funds:
General Fund Water/Wastewater
capital Improvement General Revenue Sharing
XX Other (None required)
Account Number: Funds Available: XX YES NO
=======================================~===================================
Aporoved for city council Aqenda
CXT \-\~
Robert T. Herrera
city Manager
\0 \ 8' \q \
DATE
===========================================================================
e
e
ORDINANCE NO.
AN ORDINANCE APPROVING AND AUTHORIZING AN EMPLOYMENT AND LEASE
AGREEMENT BETWEEN THE CITY OF LA PORTE AND ALEX OSMOND FOR THE CITY
OF LA PORTE BAY FOREST GOLF COURSE; MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the
contract, agreement or other undertaking described in the title of
this ordinance, in substantially the form as shown in the document
which is attached hereto and incorporated herein by this reference.
The 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 14th day of October, 1991.
CITY OF LA PORTE
BY
Norman L. Malone, Mayor
ATTEST:
City Secretary
A~'v~
City Attorney "-
e
e
STATE OF TEXAS S
S
COUNTY OF HARRIS S
EMPLOYMENT AND LEASE AGREEMENT
THIS EMPLOYMENT AGREEMENT, entered into effective the 1st
day of October, 1991, by and between the CITY OF LA PORTE, a
municipal corporation, of Harris County, Texas, sometimes
hereinafter designated as "Employer" or the "City", and ALEX
OSMOND, sometimes hereinafter designated as the "Professional" or
the "Lessee", or "Independent Contractor".
WHEREAS, City has constructed, and will own and operate the
City of La Porte Bay Forest Golf Course, hereinafter referred to
as the "Golf Course".
WHEREAS, the City is desirous of entering into a written
Employment and Lease Agreement with Professional, all upon the
terms and conditions hereinafter set forth:
NOW, THEREFORE, in consideration of the mutual covenants
contained herein, the parties agree as follows:
1. TERM OF AGREEMENT: City hereby employs Professional for
the term beginning on October 1, 1991, and terminating September
30, 1994, with a 2 year option by Employee to renew (on the same
terms and conditions), and on a month to month basis thereafter,
until terminated by either party hereto, upon thirty (30) days
written notice to the other party. Employee hereby accepts such
employment.
2. LEASE OF FACILITIES: The Professional hereby leases from
City and City hereby leases to Professional, upon the terms and
conditions herein contained, for the period of employment of
Professional described in Paragraph 1 above, the facilities and
the golf course clubhouse described on Exhibit "A", attached
hereto and fully incorporated by reference herein: and golf range
facility, described on Exhibit "a", attached hereto and fully
incorporated by reference herein. Rental shall be paid by
Professional to City for said facilities in the amount of $1.00
e
e
-2-
per year or for any part of a year, commencing on October 1,
1991, with additional installments of rental due and payable to
City by Professional on or before each annual anniversary date of
this contract.
3. DUTIES OF THE PROFESSIONAL:
A. The Professional shall devote his time, attention and
energies to the performance of duties as golf professional at the
Golf Course during the term of this Agreement. He shall conduct
himself at all times and in all matters in accordance with the
standards accepted for golf professionals established by the PGA,
and in accordance with the rules contained in the City of La
Porte Personnel Policy Manual.
B. The Professional shall conduct all golf tournaments and shall
initiate and promote golf activities for patrons of the Golf
Course.
C. The Professional shall cooperate with Golf Course patrons and
render professional advice, opinions, assistance and services as
required.
D. The Professional shall maintain a credit rating with
suppliers and manufacturers and others so as not to discredit the
reputation or name of the City. Except in the event of a dispute
involving goods or services provided by suppliers or manufac-
turers, invoices shall be paid within sixty (60) days of due date
by Professional.
E. The Professional shall supervise, direct and train a staff of
employees, of both Professional and City, including Assistant
Professionals, so as to perform duties and meet requirements for
sales, rentals and services which are, in the opinion of the City
and the Professional, necessary.
F. Professional shall operate and maintain a golf shop for
repairs, handling, storage, sales, leasing, and services related
to golf equipment (excluding private power golf car repair). The
e
e
-3-
City of La Porte shall provide necessary fire and burglar alarm
systems for areas on the golf course clubhouse premises.
Professional, and his employees shall secure said premises at all
times. Professional shall be responsible for carrying insurance
as he deems necessary to cover equipment and merchandise utilized
by Professional and his employees on the operation and
maintenance of the golf pro shop, including insurance on
merchandise and equipment utilized by Professional and his
employees. It is understood by Professional that the City of La
Porte shall not be maintaining any insurance coverage on
merchandise or equipment of Professional.
G. The Professional will supervise and work closely with the
Greens Superintendent.
H. The Professional agrees to be available to attend meetings of
the La Porte City Council, and the City's Golf Course Advisory
Committee, and other meetings as directed by the City Manager (or
his duly designated representative) as may be necessary to
discuss areas within the realm of Professional's duties.
4. DUTIES OF CITY:
A. The City agrees to employ, subject to the supervision of
Professional, golf course personnel as may be necessary for the
proper maintenance and operation of the Golf Course. Provided
that said personnel shall be employed only if sufficient funds
are provided for by the City Council in its most recent adopted
budget on behalf of the City of La Porte. Food and beverage
service will be contracted by City to a third party, and
Professional shall have no responsibility nor liability for such
service. Professional shall be responsible for the employment
and payment from his own funds, of Professional's pro shop
employees, and will carryon behalf of Professional's pro shop
employees worker's compensation insurance and such other
insurance as is provided by law that an employer pay on behalf of
e
e
-4-
his employees.
B. The City will provide Professional the usual and customary
employment benefits, except "pay for performance" benefits, as
are received by all full time City of La Porte employees, in
accordance with the edition of the City of La Porte Personnel
policy Manual most recently adopted by the Council of the City of
La Porte.
5. COMPENSATION: In addition to other remuneration herein
indicated to be received by the Professional, under Paragraph 6,
Concessions, the Professional shall be paid for his services the
annual sum of Thirty-five Thousand Dollars ($35,000.00) for each
annual period commencing October 1, 1991, payable in bi-week1y
installments. During the term of this Agreement, the
Professional shall be under the supervision and directly
responsible to the City Manager or his duly designated
representative.
As "Additional Compensation", City shall pay Professional
the following gross percentages, exclusive of sales tax, or any
other tax applicable to said gross percentages, on revenues
received by City after the first 40,000 rounds of annual play,
such sums to be payable by City to Professional within thirty
(30) days of the close of each fiscal year of City during this
Agreement:
Green Fees
After 40,000 Rounds
Cart Rentals
After 40,000 Rounds
7%
15%
The relationship between City and Professional shall be that
of Employer-Employee, and shall not be construed to be a
partnership relationship in any respect.
There shall be deducted from all compensation (except
for Additional Compensation as above defined) paid by the
City to the Professional such sums, including but without
e
e
-5-
limitation, social security, income tax withholding, health
insurance, Texas Municipal Retirement, and any other taxes or
state insurance, as Employer is by law obligated to deduct.
Except as expressly varied by the terms of this employment
agreement, the employment of Professional by City, shall be
subject to all of the terms and conditions of the current edition
of the City of La Porte Personnel Policy Manual.
6. CONCESSIONS: In addition to performing the duties
required under Paragraph 3 hereof, the Professional shall be
given the exclusive privilege, and shall be required, during the
term hereof, to operate the following concessions on the Golf
Course premises:
A. Sale of Merchandise: The Professional shall have the
exclusive right as an Independent Contractor to sell golf-related
merchandise (exclusive of food and beverages, which concession
has been contracted to another party), and to receive all the
proceeds therefrom, on the Golf Course property with the
obligation upon the Professional to maintain a proper stock to
adequately serve the patrons. It is understood by Professional
that the City of La Porte shall not be carrying business
interruption insurance on said golf-related merchandise for sale.
The Professional shall set and post business hours for the golf
shop according to the season. The Professional shall have the
sole right to recover lost golf balls from the golf course
property.
B. Golf Instruction: The Professional and his staff shall have
the exclusive right as the Independent Contractors to contract
for golf lessons at the location of the Golf Course. Charges for
such lessons shall be fixed by and received by the Professional.
Records shall be kept by the Professional of the number of
lessons given and charges received by the Professional.
C. Golf Club Services: Professional, as an Independent
e
e
-6-
Contractor, at his option, may offer to service, clean and repair
golf clubs for patrons of the Golf Course. Any revenues
therefrom shall be the sole property of the Professional. If
Professional decides not to offer said service, he shall so
notify the City in writing, which shall then have the right to
offer this concession to a third party.
D. Power Golf Cars and Golf Carts: The Professional and/or his
assistant shall be responsible for the leasing of power golf cars
to patrons of the Golf Course, and the handling of bags on and
off said cars. The power golf cars are owned and maintained by
City. The decision to allow cars on the course shall be
determined by the Greens Superintendent after consultation with
the Professional. The revenues for power golf cars shall be
solely the property of the City, subject to the Professional's
right, however, to additional compensation as provided in
Paragraph 4.
E. Golf Range: Professional shall be responsible for the
operation of the golf range, and shall have the exclusive right
to rent practice balls in the area provided by the Golf Course
for that purpose and to receive all revenues therefrom. The
Professional will provide ball dispensing machines, range balls,
retrieval and washing equipment. City will be responsible for
grass cutting and maintenance of the range.
F. Cash Register: Employee shall maintain a separate cash
register for Employee's golf shop, driving range, and private
lessons. All green fees, power cars, and cart rentals, and any
other revenues from the golf course, shall be rung up and
maintained in a separate cash register to be furnished by the
City. Professional shall follow accounting procedures
established by the City's Director of Finance to account for all
green fees, power car and cart rentals, and any other revenues
from the golf course. Professional understands as part of the
e
e
-7-
City's accounting practice, inter-departmental audits may be
conducted by the City's Director of Finance, or said Director's
designated representative, at his discretion.
G. Reporting: Professional shall furnish the City Manager with a
copy of Professional's sales tax returns and Schedule "C" tax
return on Professional's operations.
7. TERMINATION: This Agreement will terminate in any of
the manners provided in the City of La Porte Personnel Policy
Manual, or upon the happening of any of the following events:
A. Upon its normal termination if not renewed.
B. Upon the death of the Professional.
C. Upon the physical disability of the Professional. Said
disability shall be such as will incapacitate the Professional
for an aggregate of six months during the working period of this
Agreement. After such period the City can elect to terminate
this Agreement within 60 days after notice is delivered to the
Professional.
D. Upon written notice by the City of termination for good and
sufficient cause. Such good and sufficient cause shall include,
but not be limited to, the following:
1. Dishonesty detrimental to the best interests of the
City.
2. Continuing inattention or negligence of duties.
3. Suspension from the PGA for more than 30 days.
4. Illegal or immoral conduct.
In the event of termination of this Agreement, the
Professional shall be paid his compensation to and including the
month of death or, in the event of disability, shall be paid to
the last day of the month in which termination occurs.
In the event of termination by death, disability, or by the
City other than for good and sufficient cause prior to the normal
termination date, the Professional or his representative may
e
e
-8-
elect to have the City purchase all logo-type merchandise
purchased within the previous one (1) year, at Professional's
cost less depreciation as set forth under standard accounting
practices, and to pay the same to the Professional or his
representative within 30 days of the date of the notice of such
election.
The Professional shall be responsible for all outstanding
debts of the Professional.
8. OTHER EMPLOYMENT: Professional shall not, during the
term hereof, be interested directly or indirectly, in any manner,
as partner, officer, director, stockholder, advisor, employee or
in any other capacity in any other business similar to the City
of La Porte Bay Forest Golf Course, or any allied trade.
9. VACATION AND SICK LEAVE: Employee's vacation, sick
leave, and other benefits as an employee of the City of La Porte,
shall be as set forth in the current edition of the City of La
Porte Personnel Policy Manual, except as modified by this
Agreement.
10. NON-ASSIGNABILITY: The parties hereto agree that
Employee's services are personal and that this Employment and
Lease Agreement is executed with respect thereto. This
Employment and Lease Agreement shall not be assignable by
Employer but shall be binding upon the heirs, administrators, and
executors of Employee. Neither the Employee; nor his wife nor
his heirs have any right to sell, transfer or assign the right to
receive payments hereunder and any such attempted assignment or
transfer shall, at the option of Employer, terminate this
Agreement.
II. NOTICES: All notices, requests, demands and other
communications provided for by this Agreement shall be in writing
and shall be deemed to have been given upon deposit thereof for
mailing at any general or branch united States Post Office
e
e
-9-
enclosed in a registered or certified postpaid envelope and
addressed as follows:
TO THE CITY: CITY OF LA PORTE
P.O. Box 1115
La Porte, Texas 77571
Attn: City Manager
TO THE PROFESSIONAL: Alex Osmond
201 Bay Forest Drive
La Porte, Texas 77571
The parties hereto may designate a different place at which
notice shall be given provided, however, that any such notice or
change of address shall be effective only upon receipt.
12. ENTIRE UNDERSTANDING: This Agreement supersedes any
other prior agreements and sets forth the entire understanding of
the parties hereto with respect to the subject matter thereof and
no other representations, warranties or agreements whatsoever
have been made to Employee not herein contained. This Agreement
shall not be modified, amended or terminated except by another
instrument in writing executed by the parties hereto.
13. SEVERABILITY: In case one or more of the provisions
contained in this Agreement (or any portion of any such
provisions) shall for any reason be held to be invalid, illegal
or unenforceable in any respect, such invalidity, illegality or
unenforceabi1ity shall not affect any other provision of this
Agreement (or any portion of any such provision), but this
Agreement shall be construed as if such invalid, illegal or
unenforceable provision (or portion thereof) had never been
contained herein. The failure by either party, at any time, to
require performance by the other party of any of the provisions
hereof, shall not be deemed a waiver of any kind nor in any way
affect the aggrieved party's rights thereafter to enforce the
same.
14. GOVERNING LAW: This Agreement and all rights,
obligations and liabilities arising hereunder shall be construed
e
e
-10-
and enforced in accordance with the laws of the State of Texas.
Venue of any action hereunder shall be in Harris County, Texas.
15. ATTORNEYS FEES: In the event it becomes necessary to
commence any proceeding or actions to enforce the provisions of
this Employment and Lease Agreement, the Court before whom the
same shall be tried, may award to the prevailing party all costs
and expenses thereof, including but not limited to, a reasonable
attorney's fee, the usual, customary and lawfully recoverable
Court costs, and all other expenses in connection therewith.
16. INDEMNITY: Employee agrees to save and hold harmless
City from any loss, claim, or liability, including expenses of
litigation and reasonable attorney's fees, which the City may
incur, by reason of any act, negligence, or omission, of
employee, in connection with this agreement.
IN WITNESS WHEREOF, the parties hereto have executed this
Employment and Lease Agreement the date first above written.
"EMPLOYER"
C I'rY OF LA PORTE
BY:
ROBERT T. HERRERA
City Manager
"PROFESSIONAL" and "LESSEE"
ON a; 1 (d)ldZL
ALEX OSMOND
ATTEST:
CHERIE BLACK,
City Secretary
f24zJ
KNOX W. ASKINS
City Attorney
APPROVED:
REOUEST FOR CITY COUNCIL AGENDA ITEM
. .
Agenda Date Requested:
october 14. 1991
Requested By: Black/Jacobs/sease Department: Adm/P.W./Fire
X Report Resolution Ordinance
Exhibits: Quotation from Monroe Business Systems, Inc.
SUKKARY , RECOKKENDATION
The copiers used by City Hall personnel, at Public Works and at the
Fire Administration building are in need of replacement. These
copiers have received heavy usage for several years, and need to
be replaced for more efficiency. We have been offered a government
rate lease agreement through Monroe Business systems for two (2)
copiers for City Hall, one (1) copier for the Public Works
Department and one (1) copier for Fire Administration. Cost of
copiers for City Hall will be divided among user departments, as
is presently being done. The overall cost savings is significant
because we will be ordering four machines rather than two. A
break-down for each department is attached for your information.
The copiers have more features than the ones now in use. The
machine proposed for Public Works has an automatic stapler. The
machines for City Hall include a three-hole punch and an automatic
stapler. Also, one of the City Hall copiers will have a 40-bin
collater, which will reduce the time of running agendas and other
multi-copy documents.
The lease for the Minolta copier currently at city Hall will be
bought out by Monroe, as will the Sharp SF8800 copier being used
by Public Works. The Minolta copier being used at the Fire
Department belongs to them; it will be transferred to the EMS
Division. The IBM copier at city Hall belongs to the city. There
are several options for this machine: (1) keep it as a back up and
continue to pay the maintenance contract, (2) keep it and cancel
our maintenance contract and pay for maintenance as needed, (3)
transfer it to another department and let them take over the
maintenance contract (or not), or (4) sell it at auction.
Quotations were also received for copiers for City Hall from Lanier
and from Southwest Office Systems (Olympia copier). Although the
monthly rate from Lanier was slightly less, it did not include cost
of supplies. The Olympia copier is made by Minolta. Since we have
had so many problems with the Minolta copier at City Hall, the
Olympia copier would not appear to be a viable option.
Staff recommends that authorization to lease two Monroe copiers for
city Hall, one Monroe copier for Public Works and one Monroe copier
for Fire Administration be approved.
Action Required by Council: Authorize lease of copy machines
Availability of Funds:
X General Fund Water/Was~ewater
Capital Improvement General Revenue sharing
Other 001-607-607-602
001-700-700-401
Account Number: 001-500-501-821 Funds Available: X YES NO
Approved for City Council Aqenda
G(~ TL ~
Robert T. Herrera
City Manager
10 \cd ~\
DATE w
.
.
INVESTMENT SUMMARY FOR RL945DX COPIER SYSTEM
CITY OF LA PORTE - CITY HALL
CASH PRICING
Copier
Automatic Document Feeder
Sorter
Large Capacity Cassette
Copier Console
Delivery, installation, & training $
$ 9,595.00
$ INC.
$ 2,895.00
$
$ 225.00
Sub-Total $ 12,715.00
State Contract Discount ($ 5,540.00)
Copier Total
Lease Buy-Out (estimated)
* COVERALL EXTENDED MAINTENANCE
(Includes 420,000 copies per year)
First
Second
Third
Fourth
Fifth
Year
Year
Year
Year
Year
SUPPLY PRICING
$ 7,175.00
$ 8,432.85
$
$
$
$
$
1,161.00
1,161.00
1,161.00
1,161.00
Supply kit (includes toner & developer) $ 3,000.00
(Yields approximately 384,000 C.P.Y.)
LEASE PRICING
36 MONTH LEASE PURCHASE
Monthly equipment investment
Monthly maintenance investment
Monthly supply investment
Total Monthly Investment
48 MONTH LEASE PURCHASE
Monthly equipment investment
Monthly maintenance investment
Monthly supply investment
Total Monthly Investment
$
$
$
$
520.20
118.03
81.33
719.41
$
$
$
$
422.80
125.80
81.27
629.87
e
e
INVESTMENT SUMMARY FOR RL970DX COPIER SYSTEM
CITY OF LA PORTE - CITY HALL
CASH PRICING
Copier
Automatic Document Feeder
Sorter
Large Capacity Cassette
Copier Console
Delivery, installation, & training
Copier Total
STATE CONTRACT DISCOUNT
TOTAL
* COVERALL EXTENDED MAINTENANCE
(Includes 1,200,000 copies per year)
First
Second
Third
Fourth
Year
Year
Year
Year
SUPPLY PRICING
$ 17,995.00
$ INC.
$ 4,090.00
$ INC.
$ NA.
$
$ 22,085.00
$ 9,695.00
$ 12,390.00
$
$
$
$
2,576.00
2,576.00
2,576.00
2,576.00
Supply kit (includes toner & developer) $ 3,600.00
(Yields approximately 504,000 C.P.Y.)
LEASE PRICING
36 MONTH LEASE PURCHASE
Monthly equipment investment
Monthly maintenance investment
Monthly supply investment
Total Monthly Investment
48 MONTH LEASE PURCHASE
Monthly equipment investment
Monthly maintenance investment
Monthly supply investment
Total Monthly Investment
$
$
$
$
416.03
261.88
91.49
769.40
$
$
$
$
335.63
279.13
97.52
712.28
e
e
INVESTMENT SUMMARY FOR RL970DX COPIER SYSTEM
CITY OF LA PORTE - PUBLIC WORKS
CASH PRICING
Copier
Automatic Document Feeder
Sorter
Large Capacity Cassette
Copier Console
Delivery, installation, & training
Sub-Total
State Contract Discount
Total
Lease Buy-Out {estimated}
* COVERALL EXTENDED MAINTENANCE
(Includes 240,000 copies per year)
First
Second
Third
Fourth
Year
Year
Year
Year
SUPPLY PRICING
$17,995.00
$ INC.
$ 2,895.00
$
$
$
$20,890.00
($ 9,350.00)
$11,540.00
$ 1,500.00
$ 1,685.00
$ 2,371.20
$ 2,496.00
$ 2,496.00
Supply kit (includes toner & developer) $
{Yields approximately 504,000 copies}
LEASE PRICING
36 MONTH LEASE PURCHASE
Monthly equipment investment
Monthly maintenance investment
Monthly supply investment
Total Monthly Investment
48 MONTH LEASE PURCHASE
Monthly equipment investment ...
Monthly maintenance investment
Monthly supply investment
Total Monthly Investment
900.00
$
$
$
$
455.44
222.03
20.33
697.80
$
$
$
$
353.24
245.11
24.38
622.73
e
-
CITY OF LAPORTE COMPARISON SUMMARY
------------------------------------------------------------
CURRENT EQUIPMENT
CONFIGURATION - MONTHLY COST
I. City Hall- Minolta 8600
(a) machine $496.05
(b) maintenance $237.50
(c) supplies $157.87
totals
$891.42
2. City Hall- IBM
(a) machine
(b) maintenance
(c) supplies
60 series
$------
$375.00
$240.00
totals $615.00
3. Public Works-Sharp SF8800
(a) machine $375.00
(b) maintenance $257.92
(c) supplies $inc.
totals $632.92
PROPOSED EQUIPMENT
CONFIG. -MONTHLY COST
( 3 6 mo.)
I.City Hall- Monroe
(a) macho $520.20
(b) main. $118.03
(c) sups. $ 81.33
( 48 mo.)
945DX
$422.80
$125.80
$ 81.27
$719.41
$629.87
2.City Hall- Monroe
(a) macho $416.03
(b) main. $261.88
(c) sups. $ 91.49
970DX
$335.63
$279.13
$ 97.52
$769.40 $712.28
3.Pub. Works- Monroe
(a) macho $455.44
(b) main. $222.03
(c) sups. $ 20.33
970DX
$353.24
$245.11
$ 24.38
-------------------------------------------------------------
$697.80 $622.73
-------------------------------------------------------------
TOTAL EQUIPMENT COST
CURRENT SYSTEM
I. Minolta $
*2. IBM 60 $
3. SF8800 $
891.42
615.00
632.92
TOTALS
$2,139.34
CURRENT TOTAL MONTHLY COST
MONROE PROPOSED 36 MONTH COST
MONROE PROPOSED 48 MONTH COST
TOTAL EQUIPMENT COST
PROPOSED MONROE COPIER SYSTEM
( 3 6mo. ) (48mo. )
l. RL945DX $ 719.41 $ 629.87
2. RL970DX $ 769.40 $ 712.28
3. RL970DX $ 697.80 $ 622.73
--------- ---------
$2,186.61 $1,964.88
$ 2,139.34
$ 2,186.61
$ 1,964.88
($47.27 increase)
($174.46 savings)
* This cost will also be incurred by City Hall until fate 'of IR.l\1 copier
is decided.
.
e
INVESTMENT SUMMARY FOR RL945DX COPIER SYSTEM
CITY OF LA PORTE - FIRE DEPT.
CASH PRICING
Copier
Automatic Document Feeder
Sorter
Large Capacity Cassette
Copier Console
Delivery, installation, & training $
$ 9,595.00
$ INC.
$ 2,895.00
$
$ 225.00
Sub-Total $ 12,715.00
State Contract Discount ($ 5,540.00)
Copier Total
* COVERALL EXTENDED MAINTENANCE
(Includes 420,000 copies per year)
First
Second
Third
Fourth
Fifth
Year
Year
Year
Year
Year
SUPPLY PRICING
$ 7,175.00
$
$
$
$
$
1,161.00
1,161.00
1,161.00
1,16l.00
Supply kit (includes toner & developer) $ 3,000.00
(Yields approximately 384,000 C.P.Y.)
LEASE PRICING
36 MONTH LEASE PURCHASE
Monthly equipment investment
Monthly maintenance investment
Monthly supply investment
Total Monthly Investment
48 MONTH LEASE PURCHASE
Monthly equipment investment
Monthly maintenance investment
Monthly supply investment
Total Monthly Investment
$
$
$
$
$
$
$
$
194.36
125.80
81.27
401. 43
REQ~ FOR CITY COUNCIL AGENDA ~
Agenda Date Requested:
October
Department:
Public Works
Requested By: steve Gillett
XXX Report
Resolution
Ordinance
Exhibits: 1. Repair Quote from Layne-Texas
SUMMARY & RECOMMENDATION
The water yield on No. 1 Water Well located in Fairmont Park dropped from
1250 gallons per minute to 550 gallons per minute. A reduction of this
magnitude indicated a problem with the pump. Two area well companies were
contacted for estimates to pull and inspect the pump. Alsay, Inc. quoted a
price of three thousand dollars ($3,000.00) to pull and inspect the pump.
Upon inspection of the pump and column, Alsay, Inc. quoted a price of
nineteen thousand, eighty-nine dollars and six cents ($19,089.06) to make
repairs, replenish the gravel pack as needed, and to reinstall the pump.
Layne-Texas Company quoted a price of seventeen thousand, three hundred and
seventy dollars ($17,370.00), contingent upon the amount of gravel needed.
staff recommends authorization of repairs to No. 1 well by Layne-Texas
Company in an amount not to exceed $17,370.00. It is further recommended
to authorize payment of three thousand dollars ($3,000.00) to AIsay, Inc.
for work performed in the pulling and inspection of the well. Total cost of
the repairs and previously performed work is not to exceed $20,370.00.
Funds for this repair was not allocated in the current operating budget of
the Water/Wastewater Department. It is requested funds be taken from the
utility Fund Contingency to cover this expenditure.
Action Required by Council: Authorize repairs to No. 1 Well by Layne-Texas
Company in an amount not to exceed $17,370.00 and authorize payment of
$3,000.00 to Alsay, Inc. for work performed in pulling the pump and
inspection of the well. Authorize funds to be taken from the utility
contingency to cover the expenditures.
Availability of Funds:
xxx
General Fund
capital Improvement
Other utility Fund Contingency
Water/Wastewater
General Revenue sharing
Account Number: 002-810-810-904
Funds Available: -XX-YES ____ NO
Approved for city Council Agenda
QML,~
Robert T. Herrera
City Manager
10'1. \l
DATE
..
e
.
IJ!3ne-Texas
A Division of Layne-Western Company, Inc.
5931 Brittmore . Houston, Texas 77041-9976 . 713/466-5001
September 11, 1991
city of LaPorte
P. O. Box 1115
LaPorte, Texas
77571
ATTENTION:
Mr. Curtis Herrod
REFERENCE:
Pump Repairs to Layne & Bowler Pump S.N. 63246
Well No. 2
Dear Mr. Herrod:
We have inspected the pump that was pulled from your Well No. 2 by
Alsay, Inc. at their shop in Houston, Texas. Based on our
inspection at their shop, we recommend the following parts to
repair your pump:
A.
B.
C.
D.
E.
F. 420
37 - 3" x 5 Ft. oil tubes
6 - 10" x 20 Ft. Column pipe - T&C - 0.279" wall
3 - 3" x 1-15/16" Bronze lineshaft bearings
5 - 1-15/16" Lineshaft couplings - carbon steel
1 - Bronze tension bearing and "0" ring
Ft - 1/4" Dekoron stainless steel, p.v.c. coated
exterior tubing for airline
Miscellaneous - oil, thread compound, HTH
1 - 13CL - 6 stage Layne & Bowler pump bowl designed
for 1200 G.P.M. at 400 ft. T.D.H. at 1770 R.P.M.
Bowl includes bronze bowl wear rings and stainless
steel collets.
G.
H.
Your total cost for the parts and new pump bowl, including
necessary labor and trucking to haul the existing pump to our shop,
install new repair parts, haul complete pump to Well No. 2 in
LaPorte and reinstall in the well and test for one (1) hour is
$13,700.00.
~!/~
PROFESSIONAL SERVICES FOR WATER SYSTEMS
e
.
City of LaPorte
Page -2-
September 11, 1991
We estimate delivery of the new pump bowl and the repair parts to
be approximately two (2) weeks. It will require an additional
three (3) working days to reinstall the pump and test it.
We certainly hope our quotation meets with your approval and that
we will have the opportunity to make these pump repairs for the
City of LaPorte. If you have any questions concerning our
recommendations, please call.
Yours truly,
LAYNE-TEXAS
D!VISION LAYNE-WESTERN COMPANY, INC.
~
Sales Manager
JHC/low
..s ,)\10.), () v
SSO ~y~''''~
~ -"',,"""")
Cliw~
SENT BY:LAYNE-TEXAS
. 9-19-91 :10:46AM
aton-+
17134710578;# 2
1!rJ,!~"~.JCas
5931 Briltmoli . HOt;lI!o~, Tllx!s ??:.141.\Il;rre ' 713/486-5001
A DIvision of Lllyni.Western Compilny, Inc.
September 19, 1991
Mr. Curtis Herrod
city of LaPorte
P. O. Box 1115
LaPorte, Texas 77547
Dear Mr. Herrod:
As per our phone conversation on September, 19, 1991, concerning
the estimated cost to add gravel to the lap pipe in Well No. 2
without sounding the gravel in the lap pipe, we can only give you
an estimated cost per item.
Estimated cost
A. Run sounding probe into the lap pipe
to check top or gravel after setting
up rig for repairs.
No Charge
B.
Hauling gravel line to location
including 750 ft. of 2-7/8" -
Rental for gravel line
$ 550.00
Estimated time of 16 hours to run
650 ft. of 2-7/8" ground line into
lap to add gravel at $105.00 r
time per hour
D. Cost. ~):r gravel per yard is $144.00
c.
$:. ,680.00
After conducting V. survey of a well, i t i>~ almost impossible to
tell if the lap ne~C\ds gravel without running souHng probe.
If you have any questions concerning our recommendation, please
call.
Yours truly I
LAYNE-TEXAS
DIVI~S.IO LAYNE-WESTERN
,/"---" /"
~. ~-:2
Ron Rams4}r .
Sales
COMPANY, INC.
RR/low
~
~- PROFESSIONAL SERVICES FOR WATER SYSTEMS
.EST FOR CITY COUNCIL AGEN_ ITEM
Agenda Date Requested: October 14, 1991
Requested By: steve Gillett ~~ Department:
XXXX Report Resolution
Public Works
Ordinance
Exhibits: 1991 LPAWA Operator's Agreement
SUMMARY & RECOMMENDATION
The agreement between the city of La Porte and the La Porte Area Water
Authority (LPAWA) for the operation and maintenance of the Authority's
surface water transmission system expired september 30, 1991.
The LPAWA Board of Directors approved the renewal of the Agreement at the
regular meeting held October 9, 1991. The Agreement is identical in terms
with the original agreement, with the addition of a one year renewal
clause, and provides for payment to the City of La Porte of three thousand,
three hundred and thirty three dollars and thirty three cents ($3,333.33)
per month for activity covered under the agreement. Any activity not
covered under the agreement would be charged to the Authority at actual
cost. All supplies, materials and services will be charged to the 1991-92
LPAWA Operating Budget, previously approved by Council.
The Agreement will be effective October 1, 1991, and expires September 30,
1992, with a one year renewal option. It is recommended that the 1991
LPAWA Operator's Agreement for the operation and maintenance of the
Authority's surface water transmission system be approved.
Action Required by Council: Approve agreement between the City of LA Porte
and the La Porte Area Water Authority for the operation and maintenance of
the Authority's surface water transmission system for a fee of $3,333.33
per month.
Availability of Funds:
XXXX
General Fund
Capital Improvement
Other LPAWA Budget
Water/Wastewater
General Revenue Sharing
Account Number: 016-600-600-900 Funds Available:
XX YES
NO
Approved for City Council Agenda
Q~ 11 ~
Robert T. Herrera
City Manager
\0 L." lDtl
DATE
e
e
OPERATOR'S AGREEMENT
This agreement, entered into this day of
19 , by and between the La Porte Area Water Authority,
and through its duly authorized officers (hereinafter
referred to as "OWNER") and the city of La Porte, Texas,
and through its duly authorized officers (hereinafter
referred to as "OPERATOR").
,
acting by
sometimes
acting by
sometimes
For and in consideration of the mutual undertakings herein
contained, Authority and city agree as follows:
I.
OPERATOR agrees to operate, maintain, repair, and manage OWNER'S
property for a term of one (1) year commencing October 1, 1991 with
an option to renew this agreement for an additional period of one
(1) year, subj ect to the agreement of both parties. This agreement
is subject to termination at any time without cause by either party
giving ninety (90) day written notice to the other.
II.
Operation shall consist of furnishing labor and administrative
support services to provide efficient operation, maintenance, and
management of OWNER'S transmission system, shown on record
construction drawings on file at the La Porte City Hall, and to
provide clerical and administrative support for the billing,
accounting, and other support needed for efficient operation of
OWNER'S transmission system, which includes, but not limited to
the following:
1. Provide operating personnel at all times who
hold valid water works licenses issued by the
Texas Department of Health Resources.
2. Provide operating personnel on-call twenty-four
(24) hours per day, seven (7) days per week
with a twenty-four (24) hour telephone
dispatching service and vehicles equipped with
two-way radios.
3. Provide clerical and administrative support
for billing, accounting, supervisory, and other
support as needed for the efficient operation
of OWNER'S transmission system.
1
e
e
4. Daily check, at all customer takepoints,
(including weekends and holidays):
a. All control systems;
b. Take meter readings; and
c. Check all electrical operations.
5. Collect, on a monthly basis, all necessary
water samples as required by local, state and
federal regulations.
6. Run complete chemical analysis of water supply.
7. Prepare, submit and furnish copy to OWNER of
all required reports to local, state and
federal agencies having regulatory powers over
OWNER'S transmission system.
8. Furnish monthly operational,
budgetary reports to OWNER.
fiscal and
9. Prepare operation line-item budget estimate
for OWNER'S approval prior to the termination
of this Agreement.
10. Perform preventive maintenance as required by
equipment manufacturers' operating manuals,
provided by OWNER.
11. Maintain required records of water system
operations.
12. Report to OWNER system improvements and/ or
major repairs needed.
13. Prepare, mail and collect monthly bills for
water consumed by all customers, in accordance
with the Accounting Policy statement attached
hereto as Exhibit nAn.
14. Process invoices for materials, supplies and
services necessary to operate the water supply
system.
15. Provide necessary off ice space in its
facilities for a master control center needed
for the control, historical recording and
reporting of the water transmission system.
2
e
e
IX.
OPERATOR shall be required to operate within the current guidelines
of its governing body and shall notify OWNER of any possible
conflicts with such guidelines, as soon as practicable after the
occurrence of said possible conflicts.
X.
OPERATOR hereby assumes entire responsibility and liability for
any and all damage or injury of any kind or nature whatever
(including death resulting therefrom) to all persons, whether
employees of OPERATOR or otherwise, and to all property caused by,
resulting from, arising out of, or occurring in connection with the
maintenance and operation of OWNER'S transmission system provided
for in this Agreement and if any person shall make a claim for any
damage or injury (including death resulting therefrom) as
hereinabove described, whether such claim may be based upon the
OWNER'S alleged active or passive negligence or participation in
the wrong or upon any alleged breach of any statutory duty or
obligation on the part of the OWNER, the OPERATOR agrees to
indemnify and save harmless the OWNER, its agents, servants and
employees from and against any and all loss, expense, damage, or
injury that the OWNER may sustain as a result of any such claims
and the OPERATOR agrees to assume, on behalf of the OWNER, the
defense of any action at law or in equity, which may be brought
against the OWNER upon such claim and to pay on behalf of the
OWNER, upon its demand, the amount of any judgment that may be
entered against the OWNER in any such action.
XI.
Before commencing the work, the OPERATOR shall procure and maintain
liability insurance, at its own expense, and procure and maintain
workers' compensation and employee liability insurance in
accordance with the laws of the State of Texas. The OPERATOR
agrees that nothing contained in this paragraph shall limit or
release the OPERATOR from its obligations otherwise provided for
in this Agreement, including assumption of liabilities and
indemnifications to the OWNER.
If the OPERATOR fails to procure and maintain at least the above
insurance, the OWNER shall have the right to procure and maintain
the said insurance for and in the name of the said OPERATOR, and
the OPERATOR shall pay the cost thereof and shall furnish all
necessary information to make effective and maintain such
insurance.
4
e
e
XII.
The OPERATOR for the Contract Price herein provided for, hereby
agrees to pay and shall hold the OWNER harmless against the payment
of all contributions, taxes, or premiums which may be payable under
Federal, state or Local laws arising out of the performance of the
work.
XIII.
If either the OPERATOR or OWNER believes it has a claim of any
nature whatsoever against the other party, it shall give the other
written notice of the amount, whenever possible, and nature of such
claim within forty-five (45) days (or such other time limits as may
otherwise be expressly set forth in the Agreement) of the
occurrence of the event upon which such claim is based. In default
of such notice the claim is waived.
XIV.
All matters relating to the validity, performance, interpretation,
or construction of this Agreement or the breach thereof shall be
governed by the laws of the state of Texas.
IN WITNESS WHEREOF, the parties to these presents have
hereunto set their hands and seals the day and year first above
written.
CITY OF LA PORTE
NORMAN MALONE, Mayor
ATTEST:
Cherie Black, Secretary
LA PORTE AREA WATER AUTHORITY
By:
ATTE~
~
Albert F1elds, Secretary
5
e
EXHIBIT A
e
e
e
ACCOUNTING POLICY AND DATE 89/09/25 NUMBER 9.00.00
PROCEDURE STATEMENT
DEPARTMENT DIVISION AREA
FINANCE REVENUE COLLECTIONS BILLING & COLLECTIONS
LA PORTE AREA WATER AUTHORITY TRANSACTIONS
The City of la Porte's Finance Department serves as the Finance Department for J .
the La Porte Area Water Authority (Authority) and accordingly all policies and
procedures, whether expressed or implied, that apply to the treatment of the
City of la Porte's transactions shall also apply to transactions of the
Authority.
The Revenue Collection Division of the Finance Department shall be responsible
for the Billing and Collection of Revenues of the Authority.
The procedures listed on the following pages set forth the steps to be
followed in billing and collecting revenues from the participating entities.
Policy X.xx.xx Page 1
e
e
PROCEDURES
BILLING
The Authority will bill each Entity on a monthly basis following the criteria
set forth in the Contract with each entity. Attachment A contains a copy of
the 8illing and Payment section of the Contract.
Attachment 8 is a sample of the format that will be used to bill each entity
each month.
Public Works will provide the information necessary to prepare Section A of
the bill ing.
The form shall be completed for each entity as follows:
j .
Section A - Public Works will provide the Volume of Water Delivered to the
Entity and the Authority's Unit Expense. Calculate the amount due for
Section A. The Production and Pumping Operation and Maintenance
Expense is included in the Authority Unit Expense.
Section 8 - The Operation and Maintenance Expense Amount is equal to the
adopted budget of the Authority. This amount will be calculated each
year for each entity by taking the total budget, dividing by 12 for
the months in the year, and multiplying by the entity's share of the
distribution system costs. This number will be hard coded into the
billing.
Section C - The Minimum Monthly Charge will be calculated once for each fiscal
year and will be hard coded into the billing form.
Section 0 - This section represents the total amount due for each entity and
is the summation of Sections A through C.
After the invoice has been prepared for each entity, prepare a Journal Entry
for the total 8illing. Please use the following format.
Account
Debit
Credit
Description
016-400-410-411
016-400-410-411
016-400-410-411
016-400-410-412
016-400-410-412
016-400-410-412
016-100-110-001
xxx.xx
xXX.xx
xXX.xx
xXX.xx
xXX.xx
xXX.xx
Oct 89 bill for CLP
Oct 89 bill for MP
Oct 89 bill for SA .
Oct 89 OS for CLP
Oct 89 OS for MP
Oct 89 OS for SA
October 89 billing
xxx.xx
Policy X.xx.xx page 2
e
e
Account 016-400-410-411 is Water Sales and will be the summation of Sections A
and B of the Invoice, account 016-400-410-412 is Debt Service Billings and
will be the amount in Section C, and 016-100-110-001 is water accounts
receivable and will be the summation of section D.
After preparation of the Journal Entry to record the transaction, mail the
invoice to the entity.
COLLECTIONS
When you receive payment from an entity, record the payment by debiting Cash
and crediting the Water Accounts Receivable Account (016-100-110-001).
) .
Policy X.xx.xx page 3
e
e
Attachment A
EXCERPT FROM SECTION 7.01 OF CONTRACT
The Authority shall submit to the City a statement invoicing the Authority's
charges for the previous billing period. Each such statement shall specify
(a) the volume of the Water delivered to the City during such month multiplied
by the Budgeted Unit Expense (as adjusted, if such be the case); (b) the
Production and Pumping Operation and Maintenance Expenses due by the City in
respect of such month (calculated on the basis of the actual volume of Water J .
delivered to the City); (c) the City's share of Operation and Maintenance
fxpenses; (d) the City's monthly minimum charge due by the City pursuant to
the provisions of this Contract; and (e) the total of all such charges.
e e
Attachment B LA PORTE AREA WATER AUTHORITY
INVOICE TO CITY OF LA PORTE FOR SERVICES RENDERED
This billing is for water received, service of debt, and any other services
rendered by the La Porte Area Water Authority to your City for the month of
,19___. The following amounts were calculated pursuant to
Section 7.01 of the contract between the City and the Authority!
Due By City
A. Volume of Water Delivered
Times Authority Unit Cost
Equals amount due for Section A
J .
B. Total Monthly Operation and Maintenance
, Expense ($124,000/12)
Time City's Percentage Share
Equals amount due for Section B
C. Monthly Minimum charge calculated as follows:
10.333.33
.8550
8.835.00
Annua 1 Total
Principal Entity's For
Type of Debt and Interest Share Entity
Production 418,133 .9097 380,376
Distribution 403,441 .8550 344,942
Total for Entity 725,318
Divided by 12 months 12
Equals amount due for Section C 60.443.17
D. Total Due (sum of A through C)
Day of
, 19
Bill ed this
e e
Attachment B LA PORTE AREA WATER AUTHORITY
INVOICE TO CITY OF MORGAN'S POINT FOR SERVICES RENDERED
This billing is for water received, service of debt, and any other services
rendered by the La Porte Area Water Authority to your City for the month of
, 19 . The following amounts were calculated pursuant to
Section 7.01 of the contract between the City and the Authority~
Due By City
A. Volume of Water Delivered
Times Authority Unit Cost
Equals amount due for Section A ) .
B. Total Monthly Operation and Maintenance
I Expense ($124,000/12) 10,333.33
"'
Time City's Percentage Share .0730
Equals amount due for Section B 754.33
C. Monthly Minimum charge calculated as follows:
Annual Total
Principal Entity's For
Type of Debt and Interest Share Entity
Production 418,133 .0429 17 , 938
Distribution 403,441 .0730 29,451
Total for Entity 47,389
Divided by 12 months 12
Equals amount due for Section C 3.949.08
D. Total Due (sum of A through C)
Bi lled thi s
Day of
, 19
e e
Attachment B LA PORTE AREA WATER AUTHORITY
INVOICE TO CITY OF SHOREACRES FOR SERVICES RENDERED
This billing is for water received, service of debt, and any other services
rendered by the La Porte Area Water Authority to your City for the month of
, 19 . The following amounts were calculated pursuant to
Section 7.01 of the contract between the City and the Authority~
A. Volume of Water Delivered
Times Authority Unit Cost
Equals amount due for Section A
Due By City
; .
B. Total Monthly Operation and Maintenance
Expense ($123,000/12)
Time City's Percentage Share
Equals amount due for Section B
10.333.33
.0720
744.00
C. Monthly Minimum charge calculated as follows:
Annua 1 Total
Principal Ent ity' s For
Type of Debt and Interest Share Entity
Production 418,133 .0474 19,820
Distribution 403,441 .0720 29,048
Total for Entity 48,868
Divided by 12 months 12
Equals amount due for Section C
D. Total Due (sum of A through C)
4.072.33
Billed this
Day of
, 19
e
EXHIBIT B
e
e
e
DEPARTMENT NUMBER: 016-600
DEPARTMENT NAME: LA PORTE AREA WATER AUTHORITY
ACCOUNT
016-600-600-201
016-600-600-202
016-600-600-215
016-600-600-401
016-600-600-:-402
016-600-600-412
016-600-600-501
016-600-600-503
016-600-600-507
016-600r600-602
016-600-600-607
016-600-600-701
016-600-600-703
016-600-600-900
SUBTOTAL
016-600-600-704
016-600-600-902
016-600-600-903
SUBTOTAL
ACCOUNT TITLE
OFFICE SUPPLIES
POSTAGE
OTHER SUPPLIES
OFFICE EQUIPMENT
MACHINERY, TOOLS, & EQUIPME
WATER LINE MAINTENANCE
AUDIT
LEGAL
OTHER PROFESSIONAL SERVICES
PRINTING AND REPRODUCTION
INSURANCE
ELECTRICAL
TELEPHONE
ANNUAL OPERATIONS CONTRACT
CONTINGENCY
WATER
DEBT SERVICE-SERIES I
DEBT SERVICE-SERIES II
TOTAL
FY 90-91
BUDGET
250
100
150
3000
3800
2500
5000
3000
1200
250
4250
2500
8000
40000
50000
124000
574560
418133
403441
1396134
1520134
FY 90-91 FY 91-92
PROJECTED REQUESTED
150
100
150
o
o
o
5000
1000
o
150
2000
1000
5500
40000
o
55050
250000
439422
424986
200
100
200
3000
3800
2500
3000
3000
19000
150
2000
2500
15000
40000
20000
114450
620880
525932
434053
1114408 1580865
1169458 1695315
LP~ CUSTOMER COSTS:
e
CITY OF LA PORTE:
===========================================================================
% OF PRODUCTION CAPACITY (INCLUDING BAYMUD)=
% OF PUMPING CAPACITY=
0.9097
0.9097
% OF TRANSMISSION SYSTEM (INCLUDING BAYMUD)=
TOTAL YEARLY DEBT SERVICE FOR SEWPP BUY-IN=
LA PORTE'S SHARE OF YEARLY DEBT SERVICE FOR SENFP BUY-IN=
TOTAL YEARLY DEBT SERVICE FOR TRANS. SYSTEM=
LA PORTE'S SHARE OF YEARLY DEBT SERVICE FOR TRANS. SYSTEM=
0.8550
TOTAL YEARLY LPAWA O&M EXPENSES=
LA PORTE'S SHARE OF LPAWA O&M EXPENSES=
$525,932
$478,440
$434,053
$371,115
$114,450
$97,855
ESTIMATED YEARLY PURCHASE OF WATER FROM LPAWA=
1,200,000,000 GLS
YEARLY COST TO LA PORTE=
COST~PER THOUSAND GALLONS OF WATER PURCHASED=
$1,523,410
$1.27
===========================================================================
e
e
LPAWA CUSTOMER COSTS:
CITY OF SHOREACRES:
============================================================================
% OF PRODUCTION CAPACITY=
% OF PUMPING CAPACITY=
0.0474
0.0474
% OF TRANSMISSION SYSTEM=
0.072
LPAWA TOTAL YEARLY DEBT SERVICE FOR SEWPP BUY-IN=
SHOREACRES' SHARE OF YEARLY DEBT SERVICE SEWPP BUY-IN=
LPAWA TOTAL YEARLY DEBT SERVICE FOR TRANSMISSION SYSTEM=
SHOREACRES' SHARE OF YEARLY DEBT SERVICE FOR TRANS. SYSTEM=
$525,932
$24,929
$434,053
$31,252
$114,450
$8,240
TOTAL YEARLY LPAWA O&M EXPENSES=
SHOREACRES' SHARE OF LPAWA O&M EXPENSES=
I
ESTIMATED YEARLY PURCHASE OF WATER FROM LPAWA=
53,500,000 GLS
YEARLY COST TO SHOREACRES=
$90,101
COST PER THOUSAND GALLONS OF WATER PURCHASED=
$1.68
============================================================================
e
e
LPAWA CUSTOMER COSTS:
CITY OF MORGAN'S POINT:
=;:=========================================================================
% OF PRODUCTION CAPACITY=
% OF PUMPING CAPACITY=
% OF TRANSMISSION SYSTEM=
LPAWA TOTAL YEARLY DEBT SERVICE FOR SEWPP BUY-IN=
MORGAN'S POINT SHARE OF YEARLY DEBT SERVICE SEWPP BUY-IN=
LPAWA TOTAL YEARLY DEBT SERVICE FOR TRANSMISSION SYSTEM=
MORGAN'S POINT SHARE OF YEARLY DEBT SERVICE FOR TRANS. SYSTEM=
TOT~ YEARLY LPAWA O&M EXPENSES=
MORGAN'S POINT SHARE OF LPAWA O&M EXPENSES=
ESTIMATED YEARLY PURCHASE OF WATER FROM LPAWA=
YEARLY COST TO MORGAN'S POINT=
COST PER THOUSAND GALLONS OF WATER PURCHASED=
0.0429
0.0429
0.073
$525,932
$22,562
$434,053
$31,686
$114,450
$8,355
40,000,000 GLS
$81,803
$2.05
============================================================================
. )
1. Account(s) # Charged to: 2. Contract is: 3. Company currently providing services:
016-600-600-507 (X) Written AUTOCON INDUSTRIES. INC.
( ) Verbal 995 UNIVERSITY AVE.
4. Term of Contract: Start 5-92 End 5-93 ST PAUL. MN 55104-4798
5. Complete Description of Service Provided:
Software maintenance contract, including all updates, on Control System software.
6. If Contract Expires During Fiscal Year, 7. Annual Cost of Service:
It List date RFP will be submitted to purchasing Account Number Amount
016-600-600-507 14.000.
Sole Source.
Total 14.000.
BUDGET FORM B-8
DEPARTMENT NUMBER 016
DEPARTMENT NAME LPAWA
LA PORTE AREA WATER AUTHORITY
LEASES AND OTHER CONTRACTUAL OBLIGATIONS
1. Account(s) # Charged to: 2. Contract is: 3. Company currently providing services:
016-600-600-900 (X) written CITY OF LA PORTE
( ) Verbal
4. Term of Contract: start 10-1-91 End 9-30-92
5. Complete Description of Service Provided:
Contract operation of surface water transmission system.
6. If Contract Expires During Fiscal Year, 7. Annual Cost of Service:
tit List date RFP will be submitted to purchasing Account Number Amount
016-600-600-900 40.000.
Total 40.000.
BUDGET FORM B-8
DEPARTMENT NUMBER 016
DEPARTMENT NAME LPAWA
LA PORTE AREA WATER AUTHORITY
LEASES AND OTHER CONTRACTUAL OBLIGATIONS
)
'---
1. Account(s) # Charged to: 2. Contract is: 3. Company currently providing services:
016-600-600-507 (X) Written Unknown
. ( ) Verbal
4. Term of Contract: start 5-92 End 5-93
5. Complete Description of Service Provided:
Contract maintenance of control system hardware at all system sites.
6. If Contract Expires During Fiscal Year, 7. Annual Cost of Service:
List date RFP will be submitted to purchasing
It Account Number Amount
016-600-600-507 5.000.
4-92
Total 5.000.
BUDGET FORM B-8
DEPARTMENT NUMBER
DEPARTMENT NAME
LPAWA
016
LA PORTE AREA WATER AUTHORITY
LEASES AND OTHER CONTRACTUAL OBLIGATIONS
BUDGET FORM B-8 LA PORTE AREA WATER AUTHORITY
DEPARTMENT NUMBER 016 LEASES AND OTHER CONTRACTUAL OBLIGATIONS
DEPARTMENT NAME LPAWA
11. Account (s l # Charged to: 2 Contract is: 3. Company currently providing services:
016-600-600-40l (X) written UNKNOWN
t ( ) Verbal
-
4. Term of Contract: Start 5-92 End 5-93
5. Complete Description of Service Provided:
contract maintenance of all computer hardware of control system.
- -
6 If Contract Expires During Fiscal Year, 7 Annual Cost of Service:
List date RFP will be submitted to purchasing
Account Number Amount
016-600-600-401 1.000.
4-92 -
Total 1.0QO....!-
- -
---
j
--
BUDGET FORM B-8 LA PORTE AREA WATER AUTHORITY
DEPARTMENT NUMBER 016 LEASES AND OTHER CONTRACTUAL OBLIGATIONS
DEPARTMENT NAME LPAWA
~ Account(s) # Charged to: 2 Contract is: 3. Company currently providing services:
016-600-600-704 (X) Written CITY OF HOUSTON
I ( ) Verbal
- -
4 Term of Contract: Start - - End
- -
5 Complete Description of Service Provided:
Supply of surface water to LPAWA:
City of La Porte - 1,200,000,000 gls @ $0.48/kgls = $576,000.
city of Shoreacres - 53,500,000 gls @ $0.48/kgls = 25,680.
City of Morgan's Point - 40.000.000 gls @ $0.48/kgls = 19.200.
Total - 1,293,500,000 gls @ $0.48/kgls = $620,880.
- -
6 If Contract Expires During Fiscal Year, 7 Annual Cost of Service:
List date RFP will be submitted to purchasing
Account Number Amount
Ol6-600-600-704 620.880
-
Total 620.880
-
~ST FOR CITY COUNCIL AGEND~TEM
==========================================================================
Agenda Date Requested: oct~ 14. 1991
Requested By: Alex Osmond L, ~ . Department:
Administration - Golf Course
xxx
Report
Resolution
Ordinance
Exhibits:
Interoffice Memorandum to Louis Rigby, Purchasing Manager Dated
October 7, 1991.
==========================================================================
SUMMARY , RECOMMENDATION
Purchase of stainless steel irrigation control satellite boxes from
Goldthwaites of Texas, sole source distributor.
List Price
$ 730.11 each
$ 547.58 each
Total
$ 20,443.08
$ 15,332.24
25% Discounted Price
Total
Amount Budgeted: $ 17,500.00
Action Required by Council:
Approve purchase' as recommended by staff.
=============================================~~~=============~=?===========
Availability of Funds:
General Fund Water/Wastewater
XX Capital Improvement General Revenue Sharing
Other (None required)
Account Number: 028-800-811-821 Funds Available: XX YES NO
---------------------------------------------------------------------------
---------------------------------------------------------------------------
Aooroved for city Council Aaenda
~T,~
Robert T. Herrera
city Manager
\c> -'\.q t
DATE
===========================================================================
e
e
CITY OF LA PORTE
INTEROFFICE MEMORANDUM
TO: Louis Rigby, Personnel Manager
FROM: Alex Osmond, Golf Course Manager/Pro
DATE: October 7, 1991
SUBJECT: Toro Stainless Steel Irrigation Control Satellite Boxes
The Bay Forest Golf Course irrigation system is operated by
satellite control boxes manufactured by the Toro Irrigation
Company. Dennis Hlavaty, Golf Course Superintendent, contacted
the Toro Irrigation Company for a list of area distributors. The
only distributor of the satellite boxes in this area is
Goldthwaites of Texas.
Goldthwaites of Texas' list price for the satellite boxes is
$ 730.11 each for a total amount of $ 20,443.08. They will sell
the satellite boxes to the City of La Porte at a 25% discounted
price of $ 547.58 each for a total amount of $ 15,332.24.
. .
I
nAIlEST FOR CITY COUNCIL AGEJIt ITEM
Agenda Date Requested:
Requested By: steve Gillett
XXX Report
Department:
Resolution
Public Works
Ordinance
Exhibits: Bid Recap Sealed Bids #0447 - Polymer
SUMMARY & RECOMMENDATION
Advertised, sealed bids #0447 for the supply of polymer were opened and
read on September 9, 1991. Bid requests were mailed to six (6) area
suppliers with two (2) returning bids and one (1) no bid.
Field tests were required on all materials submitted for bid to determine
the amount of polymer necessary to produce one (1) dry ton of dewatered
sludge. Bid prices per pound of polymer were used to determine the cost
per dry ton of dewatered sludge.
Staff recommends award of bid for the supply of polymer to Maintenance
Engineering, lowest bidder based on cost per dry ton as determined by the
field tests. Based on estimated yearly quantities of sludge dewatered, the
total cost of this contract would be nine thousand dollars ($9,000.00).
Action Required by Council: .. ~
Award bid for the supply of poly~er to Maintenance Engineering, lowest
bidder based on cost per dry ton of sludge dewatered.
Availability of Funds:
-
General Fund
Capital Improvement
Other
xxx
.
Water/Wastewater
General ~evenue Sharing
Account Number: 002-806-807-207
Funds Available: -XX-YES ____ NO
Approved for city Council Agenda
Q~T.~
Robert T. Herrera
City Manager
\0""\\
DATE
-
e
e
CITY OF LA PORTE
INTER-OFFICE MEMORANDUM ~
SEPTEMBER 17, 1991
TO: Steve Gillett, Director of Public Works
FROM: Susan Kelley, Buyer
SUBJECT: Sealed Bid #0447 - Polymer
Advertised, sealed bids #0447 for polymer were opened and read
on September 9, 1991. Bid requests were mailed to six (6) area
suppliers with two (2) returning bids, and one (1) no bid.
Bidders were asked to submit to field trials at the wastewater
treatment plant to determine the dosage required, per dry ton, to
dewater the sludge. The formula used to determine low bid was:
Average polymer dosage, in pounds, per dry ton x bid price per
pound of polymer = dewatering cost per dry ton.
Low bid was submitted by Maintenance Engineering. Using
estimated yearly quantities. the total cost would be $9.000.
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.
-..,.
Attachment: Bid Tabulation
Co Field Trial Sheet
xc: Buddy Jacobs w
rtis Herrod, wI
DESCRIPTION
Magnifloc 496C
MECO Floc
e
BID TABULATION
POLYMER
BID #0447
e
MAINTENANCE ENG.
$2.21/lb.
$2.16/lb.
FORT BEND
$2.25/lb.
o.
I
e
e
PERFORMANCE WEIGHTED BID FACTOR
Calculation Sheet
VENDOR 52Jl~IO;~~~ 1;;/0/7"'" o.-R.,;:;--
f}' ;t'A?' ~? 7 '::7 .,... J
G.
Field Trial Date y- c: - 7' /
Polymer Type/Nameh1Er: {;J F/"c. W r /0//
Field Trial Avg. Dosage 7,3~lbs./dry ton.
EQUATION
[Avg. Polymer Dosage. lbs./dry ton] X [Bid Price, $/lb. polymer]
=Dewatering Cost, /dry ton
[ /i 3Jflbs./dry ton X $
/lb. polymer = $
/dry ton
o.
j
e
e
PERFORMANCE WEIGHTED BID FACTOR
Calculation Sheet
VENDOR ra/Z.. r f5~Alj
5 JJ<',/' 1../
I /
Field Trial Date ~I- l', /75' /
Polymer Type/Name /YJ.rJ.:1A/ J F IoL If 9C, C
Field Trial Avg. Dosage~.~rlbs./dry ton.
EQUATION
[Avg. Polymer Dosage, lbs./dry ton] X [Bid Price, $/lb. polymer]
=Dewatering Cost, /dry ton
[)-j,IP7Ibs./dry ton X $
lIb. polymer = $
/dry ton
..
I
....... ~'----
, -
e
e
H.!.ul.ll!~lLL_t'O!L c I~LL_J;Olif:!!~J.k-A!J~NIJA ilEM
Agenda Dale HO(IUCslod:
October 14, 1991
Hequcsled By:
Stan Sherwood
Hepal' llllonl :
Parks & 'Recreation
xxx
Iloporl
Ilusolullon
Ordinance
Exhlblls:
1. Summation of advertised/sealed bid 00440 for t-shirts&caps.
S!lbtMllliJ-LllJi C OMMEliMI.Blli.
A vital part of the promotion of our departments programs
and activities is the distribution of t-shirts & caps to par-
ticipants. Historically, we have placed our orders individually
for each event.
In order to conform to the State purchasing
guidelines, streamline our purcllasing proceedures and save a
substantial amount of money, we fel~ it prudent to prepare a
bid pa-ckage that included all of the t-shirt/cap items we
would order for the entire 1991-1992 Fiscal year. Please
find attached the bid tabulation resulting from this effort.
Acllon He(lu Il'od by Coune 11 : To award bid 110440 for t-shirts & d.aps
to Screen Images Inc. for the amount of
$ 14,058.20 (Low bid)
Availability or funds:
xxx
Gonoa'a 1 Fund
Capital Improvement
Other
Wa tea' /Was t ewa t er
General Revenue Sharing
Account Number:
001-800-801-215
Funds Available:
xxx YES
NO
Approved Coa' City Council Arenda
QL \1 \~
Robert T. lIerret'a
C It y Ma nag e a'
\()-~ ~"l\
Uata
.!
(e
(.
CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
AUGUST 28, 1991
TO:
Stan Sherwood, Director of Parks & Recreation
Susan Kelley, Buyer ~
FROM:
SUBJECT: Sealed Bid #0440 - T-Shirts & Caps
Advertised, sealed bids #0440 for t-shirts and caps were
opened ~~d read on August 26, 1991. Bid requests were mailed to
eleven (11) printing companies with nine (9) returning bids.
Overall low bid. for all events. was submitted by Screen
Images for $14,058.20.
Please submit your
by the prescribed time
If there is a need to
please notify me.
recommendation with ~~ agenda request for~
before the next regular council meeting.
delay br inging this bid before counc il,
Igr
'.
,
Attac~~ent: Bid Tabulation
xc: Tim O'CoPJlor, wi attacP-Ment
.-
.-~
BID TABULATION
--
\,
PML~S << RECREATION T-SHIRTS AND CAPS
SCREEN VISTA SOOTH R. B.
IMAGES SALES COAST SPORTSWEA
1. ATHLETIC LEAGUES
X-LARGE 3.25 3.69 3.85 4.35
LARGE 3.25 3.69 3.85 4.35
TOTAL 2561. 00 2901.12 3033.80 3421.80
LIGHT SHIRT +.30 +.15 +.40 +.20
2 . FALL FAMILY FUN RUN
COMPETITORS:
X-LARGE 3.31 3.69 3.95 4.45
L~..RGE 3.31 3.69 3.95 4.4=
MEDIUM 3.31 3.69 3.95 4.45
SMALL 3.31 3.69 3.95 4.45
14/16 3.31 3.69 3.95 4.45
10/12 3.31 3.69 3.95 4.45
SUB-TOTAL 1685.00 1845.00 1915.00 2225.00
LIGHT SHIRT +.30 +.15 +.40 I +.20
VOLUNTEERS:
X-LARGE 3.31 3.69 3.95 5.15
LA.~GE 3.31 3.69 3.95 5.15
MEDIUM 3.31 3.69 3.95 5.15
SMALL 3.31 3.69 3.95 5.15
-- - -..---------------- _._--~--
SUB-TOTAL 331.00 369.00 395.00 515.00
TOTAL 2022.00 2214.00 2310.00 2140.00
LIGHT SHIRT +.30 +.15 +.40 +.2C
3. SPECIAL EVENTS CAPS 5.80 3.96 5.40 5.85
r
e
(H . .
BID TABULATION
e
PAP~S & RECREATION T-SHIRTS AND CAPS
GOOSE SPACE PASADENA CONSTlLlIlZC
CREEK CITY SPORTING PROMOTIONS
SPECIALTIES SCREEN GOODS COMPANY
1. ATHLETIC LEAGUES
X-L1UtGE 4.11 4.50 4.80 5.40
LARGE 4.11 4.50 4.80 5.40
TOTAL 3238.68 3546.00 3782.40 4255.20
LIGHT Sf-IRT +.29 +.60 +.34 +.25
2 . FALL FAMILY FUN RUN
COMPETITORS:
X-LlLR.GE 4.48 4.95 5.42 5.30
LARGE 4.48 4.95 5.42 5.30
MEDIUM 4.48 4.95 5.42 5.30
Sl'A3\.LL 4.48 4.95 5.42 5.30
14/16 3.94 4.40 5.42 5.30
10/12 3.94 4.40 5.42 5.30
SUB-TOTAL 2172.50 2406.25 2710.00 2650.00
LIGHT SHIRT +.30 +.60 +.34 " +.25
I
VOLUNTEERS ::
X-LARGE' 5.92 4.95 8.45 5.40
LARGE 5.92 4.95 8.45 5.40
MEDIUM 5.92 4.95 8.45 5.40
. .
Sl'A_l\LL , 5.92 4.95 8.45 5.40
SUB-TOTAL 592.00 495.00 845.00 540.00
TOTAL 2764.50 2901.25 3555.00 3190.00
LIGHT SHIRT +.13 +.60 +.34 +.25
3. SPECIAL EVENTS CAPS 5.39 5.25 4.56 5.70
r
.
.
BID TABULATION
PAP_~S << RECREATION T-SHIRTS AND CAPS
(e .
. .'
SCREEN VISTA SOUTH R. B.
IMAGES SALES COAST SPORTSWEAF.
4. HOOP IT UP
X-LARGE 2.95 3.96 4.25 4.65
LARGE 2.95 3.96 4.25 4.65
TOTAL 295.00 396.00 425.00 465.00
LIGHT SHIRT +.30 +.15 +.40 +.20
5. S Ufv1.MER STAFF
X-LARGE 3.08 4.11 4.45 4.80
LARGE 3.08 4.11 4.45 4.80
MEDIUM 3.0'8 4.11 4.45 4.80
Sr"U~LL 3.08 4.11 4.45 4.80
TOTAL 385.00 513.75 556.25 600.00
6 . FAMILY FUN FEST
x..~ - LA.~GE 2.83 3.69 5.10 4.35
X-LARGE 2.83 3.69 5.10 4.35
LARGE 2.83 3.69 5.10 4.3~
MEDIUM 2.83 3.69 4.10 4.3::
TOTAL 707.50 922.50 1050.00 .. 1087.50
,
7. 1992 SUMMER
Jl'-X - L..~GE 3.08 3.69 4.75 4.30
X-LARGE 3.08 3.69 3.75 4.30
. LARGE 3.08 3.69 3.75 4.30
MEDIUM 3.08 3.69 3.75 4.30
SMALL 3.08 3.69 3.15 4.30
14/16 3.08 3.69 3.15 4.30
TOTAL 2156.00 2583.00 2650.00 3010.00
LIGHT SHIRT +.30 +.15 +.40 +.20
. .
GOOSE SPACE PASADENA CONSTA..~ZC
CREEK CITY SPORTING PROMOTIONS
SPECIALTIES SCREEN GOODS COMPANY
4. HOOP IT UP
X-LARGE 5.58 5.20 5.93 5.40
LARGE 5.58 5.20 5.93 5.40
TOTAL 558.00 520.00 593.00 540.00
LIGHT SHIRT +.15 .60 +.34 +.25
5 . S m'L'-1ER STAFF
X-LARGE 5.61 12.03 6.79 5.45
LARGE 5.61 12.03 6.79 5.45
MEDIUM 5.61 12.03 6.79 5.45
Sl'-Ll\.LL 5.61 12.03 6.79 5.4=
TOTAL 701.25 1503.75 848.75 681.25
6. FAMILY FUN FEST
Jl'-X - LARG E 4.20 5.75 6.00 4.40
X - Uo..RGE 3.45 4.30 4.40 4.40
LARGE 3.45 4.30 4.40 4.40
MEDIUM 3.45 4.30 4.40 4.40
TOTAL 881.25 1111.25 1140.00 1100.00
..
j
7. 1992 SUMMER
XX-LARGE 5.32 5.25 6.09 4.80
X-LARGE 4.57 4.05 4.48 4.80
LARGE 4.57 4.05 4.48 4.80
MEDIUM 4.57 4.05 4.48 4.80
StA.ALL 4.57 4.05 4.48 4.80
14/16 3.98 3.50 4.48 4.80
TOTAL 3114.50 . 2768.75 3176.25 3360.00
LIGHT SHIRT +.30 +.60 +.34 +.25
r
. . e e
MILLER'S
SILKSCREEN
COMPANY
4. HOOP IT UP
X-LARGE 5.79
LARGE 5.79
TOTAL 579.00
LIGHT SHIRT +.40
5. S UM..t.tER STAFF
X-LARGE 6.10
LARGE 6.10
MEDIUM 6.10
S!vL~LL 6.10
TOTAL 762.50
6. FAMILY FUN FEST
x.~ - LA-l1.GE:
X-L~..RGE
LARGE
MEDIUM
4.85
4.85
4.85
4.85
TOTAL
1212.50
..
I
7. 1992 SUMMER
XX-LARGE 4.86
X-LARGE 4.86
LARGE 4.86
MEDIUM 4.86
SMALL 4.86
14/16 4.86
TOTAL 3402.00
LIGHT SHIRT +.40
r
,e e
SCREEN VISTA SOUTH R. B.
IMAGES SALES COAST SPORTSWEAF
8. SYLVAN BEACH TRIATHLON
X-LARGE 4.63 5.31 5.35 5.89
LARGE 4.63 5.31 5.35 5.89
MEDIUM 4.63 5.31 5.35 5.89
SMALL 4.63 5.31 5.35 5.89
SUB-TOTAL 1389.00 1593.00 1605.00 1167.00
LIGHT SHIRT +.30 +.15 +.40 +.20
SCRUBS
X - L/l..RGE 6.12 9.50 7.10 5.99
SUB-TOTAL 840.00 1187.50 887.50 736..2=
TOTAL 2229.00 2180.50 2492.50 2503.2=
LIGHT SCRUB +.30 +.20 +1.00 +.20
DAP.K SCRUB +.30 +.40 +2.00 +.40
9. HERSHEY TRACK << FIELD
XX-LA..R.GE 3.10 4.14 5.20 4.95
X-LARGE 3.10 4.14 5.20 4.95
L/l..RGE 3.10 4.14 4.20 4.95
..
I
TOTAL 124.00 165.60 113.00 198.00
LIGHT SHIRT 3.10 +.15 +.40 +.20
DARK SHIRT 3.10 +.51 +.80 +.30
10. WELLNESS CENTER
X-LARGE 2.95 3.96 3.55 4.55
LARGE 2.95 3.96 3.55 4.55
TOTAL 590.00 792.00 110.00 910.00
LIGHT SHIRT +.30 + .15 +.40 +.20
NEON SHIRT +.30 +1.15 +1.00 +1.60
e .
GOOSE SPACE PASADENA CONSTANZC
CREEK CITY SPORTING PROMOTION~
SPECIALTIES SCREEN GOODS COMPANY
8 '. SYLVAN BEACH TRIATHLON
X-LARGE 6.22 6.40 6.61 5.82
LARGE 6.22 6.40 6.61 5.82
MEDIUM 6.22 6.40 6.61 5.82
SMALL 6.22 6.40 6.61 5.82
SUB-TOTAL 1866.00 1920.00 2001.00 1746.00
LIGHT SHIRT +.26 +.35 +.36 +.25
SCRUBS
X-LARGE 9.50 11.25 6.96 7.25
SUB-TOTAL 1187.50 1406.25 870.00 906.25
TOTAL 3053.50 3326.25 2871.00 2652.25
LIGHT SCRUB 9.50 +3.35 +.36 +.25
D /l..R...T{ SCRUB 9.50 +3.50 +.36 +.36
9. HERSHEY TR-~CK &: FIELD
'O{-LARGE 7.41 7.75 5.70 5.15
X-LA..~GE 6.66 6.25 5.70 5 1-
. - ~
LARGE 6.66 6.25 5.10 5.15
"
I
TOTAL 270.15 257.50 228.00 206.00
LIGHT SHIRT 0.00 0.00 +.34 +.25
DAR..T{ SHIRT + .18 +.35 +.50 +.38
10. WELLNESS CENTER
X-LARGE 5.08 4.15 4.91 5.25
LARGE 5.08 4.15 4.91 5.25
TOTAL 1016.00 950.00 994.00 1050.00
LIGHT SHIRT +.35 +.60 +.34 +.25
NEON SHIRT +4.61 +3.50 +1.00 +2.25
re .
MILLER'S
SILKSCREEN
COMP~_~
8. SYLVAN BEACH TRIATHLON
X-LARGE 5.78
LARGE 5.78
MEDIUM 5.78
SMALL 5.78
SUB-TOTAL 1734.00
LIGHT SHIRT +.40
SCRUBS
X-L..~GE 9.30
SUB-TOTAL 1162.25
TOTAL 2896.25
LIGHT SCRUB 0.00
D~_~K SCRUB 0.00
9. HERSHEY TP_~CK & FIELD
XX-LAH.GE 5.95
X-LARGE 5.95
LARGE 5.95 ,
TOTAL 238.00
LIGHT SHIRT +.40
DARK SHIRT +.65
10. WELLNESS CENTER
X-LARGE 5.37
LARGE 5.37
TOTAL 1074.00
LIGHT SHIRT +0.00
NEON SHIRT +0.00
- -
".
SCREEN VISTA SOUTH R. B.
IM.~GES SALES COAST SPORTSWEAF.
11- T.A.A.F. TRACK << FIELD MEET
COMPETITORS:
LA.~GE 2.95 3.96 3.50 4.55
MEDIUM 2.95 3.96 3.50 4.55
SMALL 2.95 3.96 3.50 4.55
14/16 2.95 3.96 3.50 4.55
SUB-TOT.~L 737.50 990.00 875.00 1137.50
VOLUNTEERS:
X.~-L~_~GE 2.72 4.14 5.20 4.95
X-LARGE 2.72 4.14 4.20 4.95
LARGE 2.72 4.14 4.20 4.95
SUB-TOTAL 163.20 248.40 262.00 297.00
TOTAL 900.70 1238.40 1137.00 1434.50
LIGHT SHIRT +.30 +.15 +.40 +.20
GPJ\ND TOT .A..L 14058.20 15939.07 16541.55 18482.05
"
I
r
. . ~ f ..e .
{
.-
. .
GOOSE SPACE PASADENA CONSTANZC
CREEK CITY SPORTING PROMOTIONS
SPECIALTIES SCREEN GOODS COMPANY
11. T.A.A.F. TR..~CK << FIELD MEET
COMPETITORS:
LARGE 4.97 4.75 4.82 5.20
MEDIUM 4.97 4.75 4.82 5.20
SMALL 4.97 4.75 4.82 5.20
14/16 4.66 4.30 4.82 5.20
SUB-TOTAL 1234.75 1176.25 1205.00 1300.00
'lOLUNTEERS :
XX-LARGE 5.80 6.10 6.91 4.60
X-LARGE 5.05 4.60 5.30 4.60
LARGE 5.05 4.60 5.30 4.60
SUB-TOTAL 310.50 291. 00 334.10 276.00
TOT~..L 1545.25 1467.25 1539.10 1576.00
LIGHT SHIRT +.86 +.60 +.34 +.25
GRA..l.JD TOTAL 19153.48 20242.00 20369.10 20662.70
..
I
r
.. . . '. , . .
. ,....;.
MILLER'S
SILKSCREEN
COMPANY
11. T.A.A.F. TRACK &: FIELD MEET
COMPETITORS:
LA.~GE 5.01
t-i.ED IUM 5.01
St-i_A..LL 5.01
14/16 5.01
SUB-TOTAL 1252.50
VOLUNTEERS:
X.~-LARGE 5.45
X-L~_~GE 5.45
LARGE 5.45
SUB-TOTAL 321.00
TOTAL 1519.50
LIGHT SHIRT +0.0
G!L~ND TOTAL 23083.43
"
I
.
e
DRAFT
RESOLUTION
A RESOLUTION OF THE TEXAS MUNICIPAL LEAGUE CONCERNING RE-DISTRICTING
FOR CONGRESSIONAL, STATE OF TEXAS, AND TEXAS POLITICAL SUBDIVISIONS.
WHEREAS, the State of Texas and various political subdivisions
of the State of Texas, including cities, counties, and school
districts, are required by the Federal Voting Rights Act, as
amended, to re-district congressional, state senatorial, state
House of Representatives, and political subdisivions such as cities,
counties, and some school districts, are required to re-district
based on the results of the 1990 Federal Census~ and
WHEREAS, severe disruptions in the continuity of representation
by incumbent elected officials can occur as a result of such re-
districting:
NOW, THEREFORE, BE IT RESOLVED BY THE TEXAS MUNICIPAL LEAGUE,
THAT:
The Texas Legislature, in connection with its re-districting of
Texas seats in the u.S. House of Representatives, Texas Senatorial,
Texas House of Representatives, other statewide boards and
commissions, and pOlitical subdivisions of the State of Texas, such
as cities, counties, and some school districts, are urged to conduct
their respective re-districtings in such a manner as to not deprive
incumbent elected officials of their existing districts, or a
district substantially similar to their existing district, in order
to lessen disruption and provide continuity of representation of the
citizens of such governmental entities.
PASSED AND ADOPTED this the day of October, 1991, at a
regular meeting of the Board of Directors of the Texas Municipal
League.
(Submitted by the City of La Porte)