HomeMy WebLinkAbout1991-11-11 Regular Meeting
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MINUTES OF THE REGULAR MEETING
OF THE LA PORTE CITY COUNCIL
NOVEMBER 11, 1991
1. The meeting was called to order by Mayor Malone at 6:00 P.M.
Members of city Council Present: Mayor Norman Malone,
Councilpersons Guy Sutherland, Mike Cooper, Bob Thrower, Bob
McLaughlin, Alton Porter, Deotis Gay, B. Don Skelton, Jerry
Clarke
Members of city Council Absent:
None
Members of city Staff Present: City Manager Bob Herrera,
city Attorney Knox ASkins, Assistant to the City secretary Sue
Lenes, Assistant City Manager John Joerns, Police Chief Bobby
L. Powell, Human Resources/Purchasing Manager Louis Rigby,
Director of Parks and Recreation Stan Sherwood, Chief Building
Official Ervin Griffith, City Inspector Mark Lewis, Director
of Finance Jeff Litchfield, Finance Officer Linda Stubbs,
Accounting Supervisor Kathy Hutton, Accounting Technician
Lorie Tagert, Accounting Technician Shirley Mosley, Clerk
Maria Ramos
Members of the Planninq and Zoninq Committee Present:
Chairman Inge Browder, District 2 Wayne Anderson, District 3
Eugene Edmonds, District 4 Lola Phillips, District 6 Doug
Martin
Others Present:
Several citizens
2. Invocation was given by city Attorney Knox Askins.
3. Council considered approving the minutes of the Regular
Meeting held October 28, 1991.
Motion was made bY Councilperson Skelton to approve the
October 28th minutes as presented. Second by Councilperson
Sutherland. The motion carried, 9 ayes and 0 nays.
Nays:
Councilpersons Sutherland, Cooper,
McLaughlin, Porter, Gay, Skelton, Clarke
Malone
None
Thrower,
and Mayor
Ayes:
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Minutes, Regular Meeting
La Porte City Council
November 11, 1991, Page 2
4. Mayor Malone introduced City Manager Bob Herrera who presented
the certificate of Achievement for Excellence in Financial
Reporting System (CAFR Award), to Director of Finance Jeff
Litchfield and his staff. Mr. Litchfield introduced his staff
to Council: Finance Officer Linda Stubbs, Accounting
Supervisor Kathy Hutton, Accounting Technicians Lorie Tagert
and Shirley Mosley and Clerk Maria Ramos. Council and staff
congratulated Mr. Litchfield and his personnel on a job well
done.
5. Mayor Malone asked for citizen input and persons wishing to
address the Council.
Mayor Malone informed Council of a SERVE program involving
Shell oil Employees and Retirees who do volunteer repair
projects on elderly, homebound citizens' homes. Mayor Malone
turned the meeting over to Director of Parks and Recreation
Stan Sherwood who introduced Ms. Berta Hokanson and Mr. Tommy
Swearington of Shell oil Company. Mr. Swearington spoke to
Council regarding the SERVE Program, its accomplishments and
what they wished to provide the City of La Porte.
Councilperson Sutherland asked if a motion was in order to
support this endeavor and accept Mr. Swearington and Shell
SERVE's offer. Mayor Malone stated this project was not an
agenda item. Mr. Herrera stated some direction from the
Council by consensus building would be appropriate and
restated to Council the advantages this program could bring
to the senior citizens and the homebound of La Porte.
Council was unanimous in stating a positive position for a
proqram of this type in La Porte:
Bob Herrera delegated the job of coordinator for this project
to Director of Parks and Recreation Stan Sherwood.
Items 6, 7, 8 and 9 will be taken to executive session.
10. Council considered ordinance approving Interlocal Purchase
Agreement between the cities of La Porte and Bay town.
Human Resources/Purchasing Manager Louis Rigby led discussion
with the Council regarding the interlocal purchases.
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Minutes, Regular Meeting
La Porte City Council
November 11, 1991, Page 3
The City Attorney read: ORDINANCE 1792 - AN ORDINANCE
APPROVING AND AUTHORIZING AN INTERLOCAL PURCHASE AGREEMENT
BETWEEN THE CITY OF LA PORTE AND THE CITY OF BAYTOWN; MAKING
VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING
AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Clarke to adopt Ordinance
1792 as read by the city Attorney. Second by Councilperson
McLaughlin. The motion carried, 9 ayes and 0 nays.
Ayes:
Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter, Gay, Skelton, Clarke and Mayor
Malone
None
Nays:
11. Council considered ordinance approving entering into joint
venture with Harris County on various road projects.
Bob Herrera stated that staff recommends we enter into this
agreement with Harris County for an overlay project on four
streets within the city limits of La Porte, as we carried
these funds for this project in last year's budget and $90,000
was carried forth into this year's budget and the approximate
cost to the city for this joint venture has been estimated at
$70,000, putting this project within our fund balance.
City Attorney Knox Askins read: ORDINANCE 1797 - AN ORDINANCE
APPROVING AND AUTHORIZING A JOINT VENTURE AGREEMENT BETWEEN
THE CITY OF LA PORTE AND HARRIS COUNTY FOR PAVEMENT OVERLAY
OF VARIOUS ROADS; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Director of Public Works Steve Gillett led discussion and
answered questions from the Council regarding details of the
project.
Motion was made by Councilperson Sutherland to adopt Ordinance
1797 as read bY the city Attornev. Second by Councilperson
Thrower. The motion carried, 9 ayes and 0 nays.
Ayes:
Councilpersons Sutherland, Cooper,
McLaughlin, Porter, Gay, Skelton, Clarke
Malone
None
Thrower,
and Mayor
Nays:
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Minutes, Regular Meeting
La Porte City Council
November 11, 1991, Page 4
12. Council considered resolution casting ballot for election of
a person to the Board of Directors of the Harris County
Appraisal District.
Director of Finance Jeff Litchfield led Council in discussion
of the two suggested candidates, Lee Tipton and James Cumming!
Councilperson Porter nominated Lee Tipton to serve on the
Board of Directors of the Harris Countv Appraisal District.
Second by Councilperson Gay. The motion failed, 2 ayes, 4
nays and 3 abstaining.
Ayes:
Nays:
Abstain:
Councilpersons Porter and Gay
Councilpersons Sutherland, Cooper, McLaughlin and
Skelton
Councilpersons Thrower, Clarke and Mayor Malone
Councilperson Cooper nominated James Cumminq to serve on the
Board of Directors of the Harris County Appraisal District.
Second by Councilperson Sutherland. The motion failed, 4
ayes, 3 nays and 2 abstaining.
Ayes:
Nays:
Abstain:
Councilpersons Sutherland, Cooper, Skelton and
Clarke
Councilpersons Thrower, McLaughlin and Gay
Councilperson Porter and Mayor Malone
Councilperson Skelton made a motion to table Resolution 91-
14. Second by Councilperson Thrower. The motion carried, 7
ayes and 2 nays.
Ayes:
Nays:
Councilpersons Cooper, Thrower, McLaughlin, Porter,
Gay, Skelton and Mayor Malone
Councilpersons Sutherland and Clarke
13. Council considered approving professional services agreement
with the Accord Group.
Assistant City Manager John Joerns led the discussion with
Council on the proposal for professional services from the
Accord Group.
Motion was made bv Councilperson Cooper to approve
professional services agreement with the Accord Group. Second
by Councilperson Clarke. The motion carried, 9 ayes and 0
nays.
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Minutes, Regular Meeting
La Porte City Council
November 11, 1991, Page 5
Nays:
Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter, Gay, Skelton, Clarke and
Mayor Malone
None
Ayes:
14. Council considered approving change order for La Porte
Recreation Center.
Director of Parks and Recreation Stan Sherwood and City
Manager Bob Herrera led the discussion with the Council
regarding the change order for the La Porte Recreation
Center.
Motion was made by Councilperson Skelton to aoorove chanqe
order for $38.404.58 for the La Porte Recreation Center: i.e.
La Porte Wellness Center. Second by Councilperson Gay. The
motion carried, 9 ayes and 0 nays.
Nays
Councilpersons Sutherland, Cooper,
McLaughlin, Porter, Gay, Skelton, Clarke
Malone
None
Thrower,
and Mayor
Ayes:
15. Council reviewed Planning and Zoning commission
recommendations regarding zoning amendments to Ordinance 1501
and considered setting a Public Hearing date.
ci ty Inspector Mark Lewis led the discussion with Council
regarding amendments to Ordinance 1501 as recommended by the
La Porte Planning and Zoning commission and a Public Hearing
Date.
Motion was made by Counciloerson Skelton to set the Public
Hearinq Date of December 9. 1991 to oresent the Planning and
Zoninq Commission recommendations for changes to Ordinance
1501. Second by Councilperson Thrower. The motion carried,
7 ayes and 0 nays. Councilpersons Gay and Clarke were away
from the Council table.
Ayes:
Councilpersons Sutherland, Cooper, Thrower,
MCLaughlin, Porter, Skelton and Mayor Malone
None
Nays:
16. Council considered awarding bid for equipment and authorized
expenditure of $66.26 each from motor pool replacement fund
for over budget bid on industrial tractors.
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Minutes, Regular Meeting
La Porte City Council
November 11, 1991, Page 6
Motion was made bv CouncilDerson Clarke to acceDt the bids on
all of the items and include the line items for the over bid
item on the tractors for a qrand total of $347.741.19.
Second by Councilperson Thrower. The motion carried, 9 ayes
and 0 nays.
Ayes:
Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter, Gay, Skelton, Clarke and Mayor
Malone
Nays:
None
17. ci ty Manager Bob Herrera stated there were no items for
administrati ve reports other than his items for executive
session.
18. Council Action Councilpersons Gay, Skelton, Clarke,
Sutherland, Cooper, McLaughlin and Mayor Malone brought items
to Council's attention.
City Attorney Knox Askins stated he had received "good news"
today regarding the Bay Port Aviation, Inc. bankruptcy that
has been pending for a long time. Today the ci ty was
delivered a cashiers check for $25,000.00 and received a
check last week for $27,000.00. This brings Bay Port
Aviation lease up to date and all the property taxes through.
1990 are paid up to date and the bankruptcy attorney has
filed a motion with the bankruptcy court to regain for the
City the attorney's fees, in full, as part of the Chapter 11
Plan.
Mayor Malone stated Parks Foreman Randy Cernosek made a very
nice easel to place the Desert Storm Plaque on and the plaque
was placed on the football field for the Veteran's Day
Program held at the La Porte High School. It has now been
placed at La Porte State Bank for the citizens to view and
will remain there for about a week, then it will be place at
Bayshore National Bank for viewing.
Mayor Malone commended Police Chief Bobby L. Powell for the
excellent rapport he exhibits with his Officers and
employees.
Mayor Malone brought to Councils' attention a letter he.
received from County Attorney Mike Driscoll exemplifying
positive support in the City's fight against HCS.
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Minutes, Regular Meeting
La Porte City Council
November 11, 1991, Page 7
19. Council adjourned into executive session at 8:44 P.M. under
V.A.T.S. - Article 6252-17, A. section 2{E) (Legal),
Discussion with City Attorney Regarding Contractual Matters
on Industrial District Agreements; B. section 2{R)
(Conference) Receive report from City Manager on motor pool
bids. Council returned to the table at 9:47 P.M.
The following items were covered in executive session:
6. Consider ordinance amending Ordinance 842, designating
certain land within the exclusive ETJ of the City of La
Porte, Texas, as an Industrial District.
7. Consider ordinance approving an Industrial District Agreement
between the City of La Porte and Rexene, within the Bayport
Industrial District.
8. Consider ordinance approving an Industrial District Agreement
between the City of La Porte and Arco, within the Bayport
Industrial District.
9. Consider ordinance approving an Industrial District Agreement
between the City of La Porte and Arco Pipeline, within the
Bayport Industrial District.
city Attorney Knox Askins read: ORDINANCE 842-A - AN
ORDINANCE AMENDING ORDINANCE NO. 842, AN ORDINANCE
DESIGNATING CERTAIN LAND WITHIN THE EXCLUSIVE
EXTRATERRITORIAL JURISDICTION OF THE CITY OF LA PORTE, TEXAS,
AS AN INDUSTRIAL DISTRICT TO BE KNOWN AS "BAYPORT INDUSTRIAL
DISTRICT NO.1 OF LA PORTE, TEXAS"; RESERVING AND PRESERVING
ALL RIGHTS, POWERS AND DUTIES OTHERWISE REPOSING BY LAW IN
THE CITY COUNCIL OF THE CITY OF LA PORTE; PROVIDING A SAVING
CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
ORDINANCE 1793 - AN ORDINANCE AUTHORIZING THE EXECUTION BY
THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH
REXENE PRODUCTS COMPANY, WITHIN THE BAYPORT INDUSTRIAL
DISTRICT FOR THE TERM COMMENCING JANUARY 1, 1987, AND ENDING
DECEMBER 31, 1993.
ORDINANCE 1794 - AN ORDINANCE AUTHORIZING THE EXECUTION BY
THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH
ARCO CHEMICAL COMPANY, WITHIN THE BAYPORT INDUSTRIAL DISTRICT
FOR THE TERM COMMENCING JANUARY 1, 1987, AND ENDING DECEMBER
31, 1993
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Minutes, Regular Meeting
La Porte City Council
November 11, 1991, Page 8
ORDINANCE 1795 - AN ORDINANCE AUTHORIZING THE EXECUTION BY
THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH
ARCO PIPE LINE COMPANY, WITHIN THE BAYPORT INDUSTRIAL
DISTRICT FOR THE TERM COMMENCING JANUARY 1, 1987, AND ENDING
DECEMBER 31, 1993.
Motion was made by Councilperson to adopt the Ordinances as
read by City Attorney Knox Askins. Second by Councilperson
Clarke. The motion carried, 9 ayes and 0 nays.
Nays:
councilpersons Sutherland, Cooper,
McLaughlin, Porter, Gay, Skelton, Clarke
Malone
None
Thrower,
and Mayor
Ayes:
Item A - The only action taken by Council was as per the vote
on Agenda items 6, 7, 8 and 9; Item B - Council was advised
to study bid specifications and no action was taken.
20. There being no further business to come before the Council,
the meeting was duly adjourned at 9:48 P.M.
{:c~ted:
Sue Lenes
Assistant to the City Secretary
Passed and Approved this the
9th day of December, 1991
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CITY OF LA PORTE
PARKS AND RECREATION DEPARTMENT
INTEROFFICE MEMORANDUM
*****************************************************************
DATE:
NOVEMBER 6, 1991
TO:
STAN SHERWOOD, DIRECTOR PARKS & RECREATION
KAREN BEERMAN~SUPERINTENDENT SENIOR SERVICES
FROM:
SUBJECT:
SHELL OIL HOME REPAIR PROJECT IN LA PORTE
******************************************************************
Ms. Berta Hokanson of Shell Oil, who serves as coordinator for
Shell's Serve Program, contacted me regarding a home repair
project they would like to conduct in La Porte in March.
The project would involve over 100 Shell Oil employee volunteers
completing home repair projects on elderly, homebound citizens'
homes one week-end in March.
She advised me a similar project was completed in Deer Park. One
Hundred and sixty (160) Shell volunteers repaired eleven (11) homes
on a Saturday and Sunday in July. This included everything from
painting inside and out, wiring and plumbing, installing and
repairing windows, to building a new porch.
This project will require coordination and cooperation with the
City: participant referrals by the City, waiving inspection and
permit fees, approval of applications for building repairs, the use
of a facility for materials storage and provision of security; as
well as coordination and cooperation with businesses and civic
organizations: breakfast for the volunteers (coffee, rolls,
donuts), lunch (sandwiches, fruit, soft drinks),
Senior Services currently provides noon meals to 24 La Porte
homebound senior citizens, several of these as well as other
seniors in the community could benefit from a service such as this.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Requested By:
Report
Knox Askins
Department: City Attorney
Resolution XX Ordinance
Exhibits:
See attached Ordinance 842-A.
SUMMARY & RECOMMENDATION
Ordinance 842-A designates certain land within the exclusive extraterritorial jurisdiction of
La Porte as an industrial district.
Action Required by Council:
Passage and approval of Ordinance 842-A.
Availability of Funds:
General Fund
Capital Improvement
Other (None required)
Water/Wastewater
General Revenue Sharing
Account Number:
Funds Available:
YES NO
Approved for City Council Agenda
~~T~
1\ \ ,Iq\
Robert T. Herrera
City Manager
DATE
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ORDINANCE NO. 842-A
AN ORDINANCE AMENDING ORDINANCE NO. 842, AN ORDINANCE DESIGNATING
CERTAIN LAND WITHIN THE EXCLUSIVE EXTRATERRITORIAL JURISDICTION OF
THE CITY OF LA PORTE, TEXAS, AS AN INDUSTRIAL DISTRICT TO BE KNOWN
AS "BAYPORT INDUSTRIAL DISTRICT NO. 1 OF LA PORTE, TEXAS"; RESERVING
AND PRESERVING ALL RIGHTS, POWERS AND DUTIES OTHERWISE REPOSING BY
LAW IN THE CITY OF 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 adopt this Ordinance No. 842-A pursuant to
Section 5, Article I, of the Municipal Annexation Act, and to
designate 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" attached
hereto, incorporated by reference herein, and made a part hereof for
all purposes, 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 "Bayport Industrial District No. 1 of La
Porte, Texas."
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
not therefore capable of being so designated, such fact shall not
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ORDINANCE NO. 842-A
Page 2
affect the validity of this designation as to the remaining portions
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. Ordinance 842, passed and approved January 5, 1970,
is repealed only to the extent of any conflict herewith.
Section 8. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 11th day of November, 1991.
CITY OF LA PORTE
BY
Norman L. Malone, Mayor
ATTEST:
Cherie Black
City Secretary
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EXHIBIT A
ORDINANCE 842-A
BAYPORT INDUSTRIAL DISTRICT NO. 1
BEGINNING at a point in the Richard Pearsall 1/3 League, A-625, said point being in the
south right-of-way line of Fairmont Parkway (250 feet wide), said point being also in the
west right-of-way line of the Southern Pacific Railroad;
THENCE, westerly along the south right-of-way line of Fairmont Parkway to its intersection
with the west line of a 200 foot wide Harris County Flood Control District right-of-way
for Willow Spring Gully which is designated as Ditch No. B112-00-00;
THENCE, southwesterly coincident with the meanders of the west line of the 200 foot wide
right-of-way of Willow Spring Gully, Harris County Flood Control District Ditch BI12-00-
00, to its intersection with the south line of the W.M. Jones Survey, A-482 and also being
the north line of the George B. McKinstry Survey, A-47;
THENCE, east with the north line of the George B. McKinstry Survey, A-47 and the south
line of the W.M. Jones Survey, A-482 and the corporate limit line of the City of Pasadena
to the east line of the 200 foot wide right-of-way of Willow Spring Gully, Harris County
Flood Control District Ditch No. B112-00-00;
THENCE, southwesterly with the east line of the 200 foot wide right-of-way of Willow
Spring Gully, Harris County Flood Control District Ditch B112-00-00 to a point 469 feet
south of the north line of the George B. McKinstry Survey, A-47;
THENCE, east being 469 feet south of and parallel to the north line of George B.
McKinstry Survey, A-47, to a point 200 feet west of the west line of that certain tract of
land conveyed to Dart Industries and EI Paso Products Co. by Friendswood Development
Company by deed dated March 14, 1974 and recorded under Film Code Number 103-11-
0868, Deed Records, Harris County, Texas;
THENCE, north 200 feet west of and parallel to the west line of the property conveyed to
Dart Industries and EI Paso Products Co. a distance of 469 feet to its intersection with the
north line of the George B. McKinstry Survey, A-47;
THENCE, easterly along the north line of the George B. McKinstry Survey, A-47 and the
south line of the W.M. Jones Survey, A-482 to its intersection with the center line of Big
Island Slough;
THENCE, southerly along the meanders of the center line of Big Island Slough to its
intersection with a line parallel to and 3,410 feet more or less measured at right angles
southerly from the north line of the George B. McKinstry Survey, A-47, for a point for
corner, said point being on the north line of that territory annexed to the City of Houston
by Ordinance No. 65-1555 B-R;
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THENCE, easterly along the north line of said territory described by Houston Ordinance
No. 65-1555 B-R and its easterly extension, parallel to and 3410 feet more or less south
of the north line of the George B. McKinstry Survey, A-47, and the south line of the W. M.
Jones Survey, A-482 and the Richard Pearsall 1/3 League, A-625 to its intersection with the
west right-of-way line of the Southern Pacific Railroad;
THENCE, north along the west right-of-way of Southern Pacific Railroad to the POINT OF
BEGINNING, it being the intention of the City Council of the City of La Porte to include
in Bayport Industrial District No.1, every portion of the City extraterritorial jurisdiction
areas south of Fairmont Parkway and west of the Southern Pacific Railroad right-of-way,
except those areas hereinafter SAYED and EXCEPTED.
Provided, however, there shall be SAYED and EXCEPTED from the territory deemed
Bayport Industrial District No.1, the following described property, to-wit:
(1) A 100' wide strip south of and parallel to the south right-of-way line of Fairmont
Parkway;
(2) A 180' wide strip west of and parallel to the west right-of-way line of the Southern
Pacific Railroad.
(3) A 170' wide strip north of and parallel to the south line of the W.M. Jones Survey,
A-482, and the Richard Pearsall 1/3 League, A-625, from the west right-of-way line
of the Southern Pacific Railroad for a distance of approximately 6,328 feet to a
point in the west line of a 120 foot Houston Light and Power Company right-of-
way, as recorded in Vol. 7146, Page 375, Harris County Deed Records. Thence, a
100 foot wide strip north of and parallel to the south line of W.M. Jones Survey, A-
482, and bounded on the east by the west line of the said Houston Light and Power
120 foot right-of-way and bounded on the west by the west line of the 200 foot wide
Harris County Flood Control District right-of-way for Willow Spring Gully (B-112-
00-00);
(4) COMMENCING at the intersection of the south line of Fairmont Parkway 250 foot
wide right-of-way and the west line of Baypark Road 100 foot wide right-of-way as
described in a deed from Humble Oil and Refining Company to Friendswood
Development Company executed October 25, 1967 and recorded in Volume 6973,
Page 503 of the Deed Records of Harris County, Texas;
THENCE southerly along the west line of said Baypark Road 100 foot wide right-
of-way to its intersection with the south line of W.M. Jones Survey, A-482 and the
north line of George B. McKinstry Survey, A-47, to the POINT OF BEGINNING;
THENCE continuing in a southerly direction with the west line of said Baypark
Road to the southeast corner of tract containing 60.792 acres of land in the George
B. McKinstry Survey, A-47, Harris County, Texas as recorded under File No.
H406373, Film Code 011-97-2240 of the Harris County Official Public Records of
Real Property;
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THENCE westerly along the south property line of said 60.792 acre tract to its
intersection with the east right-of-way line for Big Island Slough (230 feet wide) as
recorded in Volume 8260, Page 124 of the Harris County Deed Records;
THENCE northerly along the meanders of the east right-of-way line of Big Island
Slough (230 feet wide) to its intersection with the north line of George B. McKinstry
Survey, A-47 and the south line of W.M. Jones Survey, A-482;
THENCE easterly along the south line of W.M. Jones Survey, A-482 and the north
line of the George B. McKinstry Survey, A-47, to the POINT OF BEGINNING.
(5) Any property which has previously been annexed and is now part of and within the
corporate limits of the City of La Porte;
(6) Any property included in the description of the Bayport Industrial District which is
owned by Houston Lighting and Power Company.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
November 11, 1991
Requested By:
Report
Knox Askins
Department:
city Attorney
Resolution XX
Ordinance
Exhibits:
See attached ordinance.
See attached Industrial District Agreement.
SUMMARY & RECOMMENDATION
The attached ordinance approves an industrial district agreement between the City of La
Porte and Rexene Products Company, to common expiration date of 1993.
Action Required by Council:
Passage and approval of ordinance.
Availability of Funds: N/ A
General Fund
Capital Improvement
Other (None required)
Funds Available:
Water/Wastewater
General Revenue Sharing
Account Number:
YES NO
Approved for City Council Agenda
G?~ T' ~
'\\tI\~l
Robert T. Herrera
City Manager
DATE
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/ ",-~-
ORDINANCE NO. 1793
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN
INDUSTRIAL DISTRICT AGREEMENT WITH REXENE PRODUCTS COMPANY, WITHIN
THE BAYPORT INDUSTRIAL DISTRICT FOR THE TERM COMMENCING JANUARY 1,
1987, AND ENDING DECEMBER 31, 1993.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby finds, determines and
declares that ARCO Chemical Company has executed an industrial
district agreement with the City of La Porte, for the term
commencing January 1, 1987, and ending December 31, 1993, 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 Council, 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.
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 Annotated1 and that this meeting has been open to the
public as required by law at all times during which this ordinance
and the subject matter thereof has been discussed, considered and
formally acted upon. The City Council further ratifies, approves
and confirms such written notice and the contents and posting
thereof.
Section 4. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
,
" ,. ~ .
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ORDINANCE NO. 1793
PAGE 2
PASSED AND APPROVED, this 11th day of November, 1991.
CITY OF LA PORTE
BY
Norman L. Malone, 'Mayor
ATTEST:
Cherie Black
City Secretary
APPROVED:
8::4~
Knox W. Askins
City Attorney
. .
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(Revised: 06/86)
NOTICE: THIS CONTRACT IS SUBJECT TO ARBITRATION
UNDER THE TEXAS GENERAL ARBITRATION ACT, ARTICLE
224, ET. SEQ., REVISED CIVIL STATUTES OF TEXAS
THE STATE OF TEXAS i
i
COUNTY OF HARRIS i
i
CITY OF LA PORTE i
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 REXENE PRODUCTS COMPANY
, a Delaware
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 Lherein,
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.
.f.~.. !. . .
SEE EXHIBIT liB" ATTACHED HERETO.
. .
. t ~
\ ~
.' :, \. i
THIS INDUSTRIAL DISTRICT AGREEMENT IS SUBJECT TO THE TERMS AND
CONDITIONS SET FORTH IN EXHIBIT "An ATTACHED HERETO, INCORPORATED
BY REFERENCE HEREIN, AND MADE A PART HEREOF FOR ALL PURPOSES.
"~'- ~
"
. . .~~.' :. ~
", ..-
. i,'::
. ..
I
., I ~. .
,;;;.,.
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Industrial District Agreement - 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.
729, designating portions of the area located in its extraterritorial
jurisdiction as the "Battleground Industrial District of La Porte,
Texas," and Ordinance No. 842, designating portions of the area lo-
cated in its extraterritorial jurisdiction as the "Bayport Industrial
District of La Porte, Texas," hereinafter collectively called IIDis-
trict," such Ordinances being in compliance with the Municipal Annex-
ation Act of Texas, Article 970a, Vernons Annotated Revised Civil
Statutes of Texas: and
WHEREAS, City desires to encourage the expansion and growth of
industrial plants within said Districts and for such purpose desires
to enter into this Agreement with Company pursuant to Resolution
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:
I.
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
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Industrial District Agreement - 3
the foregoing and to the later provisions of this Agrement, 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 annexed under
the provisions of Article II hereof, shall be immune from annexation
by City during the term hereof (except as hereinafter provided) and
shall have no right to have extended to it any services by City, and
that all of said land, including that which has been heretofore or
which may be annexed pursuant to the later provisions 'of this
Agreement, shall not have extended to it by ordinance any rules and
regulations (a) governing plats and subdivisions of land, (b) prescri-
bing any building, electrical, plumbing or inspection code or codes,
or (c) attempting to exercise in any manner whatever control over
the conduct of business thereon7 provided, however, it is agreed
that City shall have the right to institute or intervene in any
judicial proceeding authorized by the Texas Water Code or the Texas
Clean Air Act 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.
II.
A portion of the hereinabove described property has heretofore
been annexed by City. Company has filed with City, coincident with
the execution hereof, its petition to City to annex an additional
portion of the hereinabove described property, to the end that twenty-
five percent (25%) of the total value of the land and improvements
hereinabove described shall be annexed to City. Company agrees to
render and pay full City ad valorem taxes on such annexed land and
improvements, and tangible personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts
of the 65th Texas Legislature, Regular Session, 1979, as amended),
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Industrial District Agreement - 4
the appraised value for tax purposes of the annexed portion of land,
improvements, and tangible personal property shall be determined by
the Harris County Appraisal District. The parties hereto recognize
that said District has no authority to appraise the land, improvements,.
and tangible personal property in the unannexed area for the purpose
of computing the "in lieu" payments hereunder. Therefore, the parties
agree that the appraisal of the land, improvements, and tangible
personal property in the unannexed area shall be conducted by City,
at City's expense, by an independent appraiser of City's selection.
The parties recognize that in making such appraisal for "in lieu"
payment purposes, such appraiser must of necessity appraise the entire
(annexed and unannexed) land, improvements, and tangible personal
property. Company agrees to render and pay full City ad valorem
taxes on such annexed land, improvements, and tangible personal pro-
perty.
Company also agrees to render to City and pay an amount "in lieu
of taxes" on company's land, improvements, and tangible personal
property in the unannexed area equal to the sum of:
(1) Fifty percent (50%) of the amount of ad valorem taxes which
would be payable to City if all of the hereinabove described
property which existed on January 1, 1986, had been within the
corporate limits of City and appraised each year by City's
independent appraiser; and
(2) Thirty percent (30%) of the amount of ad valorem taxes which
would be payable to City on any increase in value of the
hereinabove described property, in excess of the appraised value
of same on January 1, 1986, resulting from new construction and
new acquisitions of tangible personal property, (exclusive of
Construction in Progress, which shall be exempt from taxation),
if all of said new construction and acquisitions had been within
the corporate limits of City and appraised by City's independent
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Industrial District Agreement - 5
appraiser;
with the sum of (1) and (2) reduced by the amount of City's ad valorem
taxes on the annexed portion thereof as determined by appraisal by
the Harris County Appraisal District.
Nothing herein contained shall ever be construed as in derogation
of the authority of the Harris County Appraisal District to establish
the appraised value of land, improvements, and tangible personal
property in the annexed portion, for ad valorem tax purposes.
III.
This Agreement shall extend for a period beginning on the 1st
day of January, 1987, and continue thereafter until December 31, 1993,
unless extended for an additional period or periods of time upon
mutual consent of Company and City as provided by the Municipal
Annexation Act; provided, however, that in the event this Agreement
is not so extended for an additional period or periods of time On
or before August 31, 1993, 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 agrement, and in such event
Company agrees that if the Texas Municipal Act, Article 970a (V.A.T.S.),
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 Company
or imposes further obligations on City in connection therewi~h after
the annexation of such land, Company will waive the right to r~quire
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.
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Industrial District Agreement - 6
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, that
nothing herein contained shall be deemed to obligate either party
hereto to agree to an extension of this Agrement.
V.
Company agrees to pay all ad valorem taxes, and all II in lieu
of taxesll 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 uRed by City is one hundred percent
(100%) of the fair market value of property. Any change in such
ratio used by City shall be reflp.cted 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, assessment,
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 lIin lieu of taxll payments
hereunder, except as otherwise provided in Articles II and 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
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Industrial District Agreement - 7
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.
Nothwithstanding such protest by Company, Company agrees to pay
to City on or before the date therefor hereinabove provided, at least
the total of (a) the total amount of ad valorem taxes on the annexed
portions, plus (b) 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 Agrement 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 (as the case may be) 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
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 penal ties,
interests, and costs.
(B) Should Company disagree with any appraisal made by the
independent apppraiser selected by City pursuant to Article II above
(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
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Industrial District Agreement - 8
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 II in lieu II 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 lIin lieu of taxesll 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
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
Arbitratorll) 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 II 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,
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Industrial District Agreement - 9
subject only to jUdicial review as may be available under the
Texas General Arbitration Act (Articles 224-238, Vernon's Annot-
ated 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.
(C) Should the provisions of Article II of this Agreement
become impossible of enforcement because of (1) the invalidity or
unenforceability of the Texas Property Code (S.B. 621, Acts of the
65th Texas Legislature, Regular Session, 1979), or any relevant
provision thereof, or (2) because of any material delay or failure
to act on the part of the Harris County Appraisal District, then and
in any of such events, all payments under this Agreement shall be
governed by the provisions of Article II hereof; anything to the
contrary in this Agreement notwithstanding.
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.
Company agrees to provide to City at Company's expense, a survey
plat and field note description of the land and improvements which
Company petitions to be annexed in accordance with the provisions of
Article II above. Such annexation tract shall be contiguous to a
point on the existing corporate limits of La Porte. In the event of
failure of Company to file either such petition, or such description,
City shall have the right by notice in writing to Company to cancel
and terminate this Agreement.
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Industrial District Agreement - 10
IX.
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.
X.
If City enters into an Agreement with any other landowner with
respect to an industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement; provided,
however, City reserves the right to enter into such agreements or
renewal agreements with other landowners not covered by existing
agreements, containing a percentage of ad valorem taxes more favorable
to the landowner than that contained in Paragraph II, Subparagraph 3
(2) hereof, and Company and its assigns shall ~ have the right to
amend this agreement to embrace the more favorable percentage of ad
valorem taxes contained in such agreement or renewal thereof, than
that contained in Paragraph II, Subparagraph 3 (2) hereof. City may
extend more favorable terms to lar.downers covered by existing contracts
only to the extent such favorable terms apply to any increase in
value of the hereinabove described property, in excess of the appraised
value of same on January 1, 1986, as described in Paragraph II, Sub-
paragraph 3 (2) hereof.
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Industrial District Agreement - 11
XI.
In the event anyone or more words, phrases, clauses, sentences,
paragraphs, sections, articles or other parts of this Agreement or
the applicaton thereof to any person, firm, corporation or circum-
stances 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 partes of this
Agreement shall not be affected thereby.
XII.
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 1st day of June, 1986.
ATTEST:
Rexene Products Company
76-L L SLLt/~
Assistant Secretary
BY
(COMPANY)
K~tJ.!h~~ -~
Name:
Kevin W. HcAleer
Executive Vice President and
Chief Financial Officer
Name: Robert L. Sutphen
Title:
Address: 5005 LBJ Freeway
APPROVED BY COUNSEL:
Dallas, Texas 75244
14f~ L .s'u.::tp1J~
ATTORNEY FOR COMPANY J
Name: Robert L. Sutphen
Address: 5005 LBJ Free\~ay
Dallas, Texas 75244
Telephone:
214-450-9071
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Industrial District Agreement - 12
ATTEST:
Cherie Black, City Secretary
APPROVED BY COUNSEL: J~
62 ) ,I )
/ /I."
-~/{;:c! 'ZC re.~'I'-~'
KNOX W. ASKINS, City Attorney
702 W. Fairmont Parkway
P. O. Box 1218
La Porte, Texas 77571
Telephone: (713) 471-1886
"
(Revised: 03/87)
.
CITY OF LA PORTE
By:
Norman Malone, Mayor
By:
Robert T. Herrera, City Manager
CITY OF LA PORTE
P. O. Box 1115
La Porte, Texas 77571
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EXHIBIT -A-
Page 1 of 2
TO AN INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE,
TEXAS, AND
1. City and Company agree that the real property of Company, more
particularly described on Page 1 of this Industrial District
Agreement, is presently unimproved, and unannexed to City, except
for existing "strip" annexations, if any. City and Company further
agree that Paragraph II hereof is hereby amended, to provide that
during the term of this Industrial District Agreement, and for such
period of time that said real property remains unimproved, that City
will not annex said propertYJ provided, however, City reserves the
right to conduct "strip" annexations as my be required by law in
connection with annexation of land other than that owned by Company.
Company agrees to render to City and to pay as "in lieu of taxei~ on
Company's said unimproved land, an amount equal to the sum of 100%
of the amount of ad valorem taxes which would be payable to City if
all the hereinabove described property of Company had been within
the corporate limits of City and appraised each year by City's
independent appraiser.
2. The provisions of the preceding paragraph hereof shall remain in
full force and effect during the term of this Industrial District
AgreementJ provided, however, at such time as Company commences
improvements to Company's hereinabove described real property,
Company shall be entitled to pay an amount "in lieu of taxes" on
company's land, improvements, and tangible personal property on the
above described property, in accordance with Paragraph II of this
Industrial District Agreement.
3. Company agrees that the real property of
described shall not be used as a site for commercial
incineration, i.e., incineration of hazardous wastes
siteJ provided, however, City does not waive its
under Paragraph 1 of this agreement.
Company herein
hazardous waste
generated aff-
rights reserved
4. Except as amended by the terms and provisions of this Exhibit
"A", the terms and provisions of the Industrial District Agreement,
to which this Exhibit "A" is attached, shall remain in full force
and effect for the term of this Agreement, expiring December 31,
1993.
5. City and Company agree that the terms and provisions of this
Industrial District Agreement shall be retroactive to January 1,
1987. City acknowledges receipt of payment of "in lieu of taxes"
fro calendar years 1987, 1988, and 1989.
ENTERED INTO this day of September, 1990, retroactive to
effective date of January-I, 1987.
ATTEST:
~-eJ L S t.tLt'~,=--
Assistant Secretary
Rexene Products Company
1/ (COMPANY >0 ~
BY: -A::-~ ZIJ. Jnrt1tut- /V
Name: Robert L. Sutphen
Name: Kevin W. McAleer
Executive Vice President and
Title: Chief Financial Officer
Address: 5005 LBJ Freeway
APPROVED BY COUNSEL:
'j2-b-{)-~ L .s U'fJ).e-..~
Attorney for Compan -
Dallas, Texas 75244
Name: Robert L. Sutphen
Address: 5005 LBJ Freeway
Dallas, Texas 7524~
Telephone: 214-450-9071
.
ATTEST:
Cherie Black
City Secretary
APP~b~~;~
Knox W. Askins )
City Attorney
702 W. Fairmont Parkway
P.o. Box 1218
La Porte, TX 77572-1218
Telephone: (713) 471-1886
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EXHIBIT -A-
Page 2 of 2
CITY OF LA PORTE
BY:
Norman Malone
Mayor
BY:
Robert T. Herrera
City Manager
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
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EXHIBIT "B"
(Page 1 of 2)
TRACT 1B
METES AND BOUNDS DESCRIPTION
347.1676 ACRES OUT OF THB
WILLIAM A. JONES SURVEY, A-482 AND
THE GEORGE B. MCKINSTRY SURVEY, A-47
HOUSTON, HARRIS COUNTY, TEXAS
All that certain 347.1676 acres of land out of the William A. Jones
Survey, A-482 and the George B. McKinstry Survey, A-47, Harris
County, Texas and being more particularly described by metes and
bounds as follows: '"
BEGINNING at a found 5/8" iron rod with cap marked No. 2764 located
in the most westerly line of a 2301 Harris County Flood Control
District Fee Strip as recorded in Volume 8260, Page 124 Harris
County Deed Records at its intersection with the south right-of-way'
line of Fairmont Parkway (2501 wide):
THENCE, S 070151 29" E - 1,125.311, with the west line of said
2301 Harris County Flood Control District Fee Strip,' to a found
5/8" iron rod with cap marked No. 2765 for angle point:
THENCE S 340 581 lO" E - 1,267.111, continuing with the west line
of said 2301 Harris County Flood Control District Fee Strip, to a
found 5/8" iron rod with cap marked No. 2766 for corner:
THENCE S 550 011 27 II W - 299.99 I to a found 5/8 II iron rod for
corner:
THENCE S 340 561 41" E- 687.251 , with the east line of that
certain Tract 1 as described in a deed dated 3-14-1974 from
Friendswood Development Company to Dart Industries, Inc~ and E1
Paso Products Co. filed in the Official Public Records of Real
Prope~ty of Harris County, Texas at Clerk File No. E-150b75, Film
Code No. 103-11-0868, to a found 5/8" iron rod for corner.
THENCE S 150 071 08" W - 1,266.281, continuing with the east line
of said Tract 1, to a set 5/8" iron rod with cap for corner;
THENCE S 880 031 07" W - 3,727.541 to a set 5/8" iron rod with cap
for corner:
THENCE NOlo 561 03" W - 4,002.281 to a set 5/8" iron rod with cap
for point on the south right-of-way line of said Fairmont Parkway:
THENCE NOlo 561 03" W - 103.181 to a point for corner:
THENCE N 860 481 05" E - 3,177.671 to a point for corner:
THENCE S 070 151 29" B - 41.651 to the POINT OF BEGINNING and
containing 347.1676 acres of land, more or less.
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EXHIBIT "B"
(Page 2 of 2)
TRACT 3
METES AND BOUNDS DESCRIPTION
16.9560 ACRES OUT OF THE
GEORGE B. MCKINSTRY SURVEY, A-47
HARRIS COUNTY, TEXAS
All that certain 16.9560 acres of land out of the George B.
McKinstry Survey, A-47, Harris County, Texas and being more
particularly described by metes and bounds as follows:
Commencing at a found 5/8" iron rod marked No. 2764 located in the
most westerly line of a 230' Harris County Flood Control District
Fee Strip as recorded in Volume 8260, Page 124 Harris County Deed
Records at its intersection with the south right-of-way line of
Fairmont Parkway (250' wide); Thence S 07015' 29" E - 1,125.31' to
a found 5/8" iron rod marked No. 2765; Thence S 340 58' 10" E-
1,267.11' to a found 5/8" iron rod marked No. 2766; Then S 340 55'
38" E - 436.38' to a found 5/8" iron rod; Thence S 350 19' 52" E _
130.16' to a found 5/8" iron rod marked No. 2775 marking the
northwest corner of that certain Tract 3 as described in a deed
dated 3-14-1974 from Friendswood Development Company to Dart
Industries, Inc. and E1 Paso Products Co. filed in the official
public records of real property of Harris County, Texas at Clerk
File No. E-150575, Film Code No. 103-11-0868 and being the POINT OF
BEGINNING of the herein described tract;
THENCE S 34054' 13" E - 330.83', with the west line of said 230'
Harris County Flood Control District Fee Strip, to a found 5/8"
iron rod marked No. 2776 for corner;
THENCE S 020 23' 41" E - 1,426.49', with the east line of said
Tract 3, to a found 5/8" iron rod for corner.
THENCE S 87031' 44" W - 717.34', with the south line of said Tr~ct
3, to a found 1" cap in concrete for corner.
THENCE N 150 09' 04" E - 1,789.70', with the west line of said
Tract 3, to the POINT OF BEGINNING and containing 16.9560 acres of
land, more or less.
1191.rIl
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
November 11, 1991
Requested By:
Report
Knox Askins
Department:
City Attorney
Resolution XX
Ordinance
Exhibits:
See attached ordinance.
See attached Industrial District Agreement.
SUMMARY & RECOMMENDATION
The attached ordinance approves an industrial district agreement between the City of La
Porte and ARCO Chemical Company, to common expiration date of 1993.
Action Required by Council:
Passage and approval of ordinance.
Availability of Funds: N/ A
General Fund
Capital Improvement
Other (None required)
Funds Available:
Water /Wastewater
General Revenue Sharing
Account Number:
YES NO
Approved for City Council Agenda
Q~ T. \~
\d (p \ ~l
Robert T. Herrera
City Manager
DATE
..11 . ,
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ORDINANCE NO. 1794
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN
INDUSTRIAL DISTRICT AGREEMENT WITH ARCO CHEMICAL COMPANY, WITHIN THE
BAYPORT INDUSTRIAL DISTRICT FOR THE TERM COMMENCING JANUARY 1, 1987,
AND ENDING DECEMBER 31, 1993.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby finds, determines and
declares that ARCO Chemical Company has executed an industrial
district agreement with the City of La Porte, for the term
commencing January 1, 1987, and ending December 31, 1993, 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 Council, 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.
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.
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ORDINANCE NO. 1794
PAGE 2
PASSED AND APPROVED, this 11th day of November, 1991.
CITY OF LA PORTE
BY
Norman L. Malone, Mayor
ATTEST:
Cherie Black
City Secretary
AP~u(dJ
Knox W. Askins
City Attorney
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(Revised: 06/86)
NOTICE: THIS CONTRACT IS SUBJECT TO ARBITRATION
UNDER THE TEXAS GENERAL ARBITRATION ACT, ARTICLE
224, ET. SEQ., REVISED CIVIL STATUTES OF TEXAS
THE' STATE OF TEXAS ~
~
COUNTY OF HARRIS ~
~
CITY OF LA PORTE ~
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
AROJ Chanical Canpany
, a Delaware
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 iocation 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:
Being 23.9225 acres (1,037,707 square feet) of land situated in the
George B. McKinstry League, Abstract 47, Harris County, Texas, and
being out of that certain 100.0000 acre tract of land conveyed to
ARoo Chemical Company by instnunent recorded under F He Number
M728l8l and Film Code 182-70-1786 of the Harris County Official
Public Records of Real Property, said 23.8225 acres (1,037,707
square feet) of land being more particularly described by metes and
bounds on Exhibit liB" attached hereto, incorporated by reference
herein, and made a part hereof for all purposes.
THIS INDUSTRIAL DISTRICT AGREEMENT IS SUBJECT TO THE TERMS AND
CONDITIONS SET FORTH IN EXHIBIT "A" ATTACHED HERETO, INCORPORATED
BY REF.ERENCE HEREIN, AND MADE A PART HEREOF FOR ALL PURPOSES.
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Industrial District Agreement - 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.
729, designating portions of the area located in its extraterritorial
jurisdiction as the "Battleground Industrial District of La Porte,
Texas," and Ordinance No. 842, designating portions of the area lo-
cated in its extraterritorial jurisdiction as the "Bayport Industrial
District of La Porte, Texas," hereinafter collectively called "Dis-
trict," such Ordinances being in compliance with the Munic~pal Annex-
ation Act of Texas, Article 970a, Vernons Annotated Revised Civil
Statutes of Texas; and
WHEREAS , City desires to encourage the expansion and growth of
industrial plants within said Districts and for such purpose desires
to enter into this Agreement with Company pursuant to Resolution
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.
Ci ty 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
extraterri torial 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
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Industrial District Agreement - 3
the foregoing and to the later provisions of this Agrement, 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 annexed under
the provisions of Article II hereof, shall be immune from annexation
by City during the term hereof (except as hereinafter provided) and
shall have no right to have extended to it any services by City, and
that all of said land, including that which has been here.tofore or
which may be annexed pursuant to the later provisions of this
Agreement, shall not have extended to it by ordinance any rules and
regulations (a) governing plats and subdivisions of land, (b) prescri-
bing any building, electrical, plumbing or inspection code or codes,
or (c) attempting to exercise in any manner whatever control over
the conduct of business thereon: provided, however , it is agreed
that City shall have the right to institute or interven'e in any
judicial proceeding authorized by the Texas Water Code or the Texas
Clean Air Act 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.
II.
A portion of the hereinabove described property has heretofore
been annexed by City. Company has filed with City, coincident with
the execution hereof, its petition to City to annex an additional
portion of the hereinabove described property, to the end that twenty-
five percent (25%) of the total value of the land and improvements
hereinabove described shall be annexed to City. Company agrees to
render and pay fuli City ad valorem taxes on such annexed land and
improvements, and tangible personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts
of the 65th Texas Legislature, Regular Session, 1979, as amended),
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Industrial District Agreement - 4
the appraised value for tax purposes of the annexed portion of land,
improvements, and tangible personal property shall be determined by
the Harris County Appraisal District. The parties hereto recognize
that said District has no authority to appraise the land, improvements,
and tangible personal property in the unannexed area for the purpose
of computing the "in lieu" payments hereunder. Therefore, .the parties
agree that the appraisal of the land, improvements, and tangible
personal property in the unannexed area shall be conducted by City,
at City's expense, by an independent appraiser of City's selection.
The parties recognize that in making such appraisal for "in lieu"
payment purposes, such appraiser must of necessity appraise the entire
(annexed and unannexed) land, improvements, and tangible personal
property. Company agrees to render and pay full City ad valorem
taxes on such annexed land, improvements, and tangible personal pro-
perty.
Company also agrees to render to City and pay an amount "in lieu
of taxes" on company' s land, improvements, and tangible personal
property in the unannexed area equal to the sum of:
(1) Fifty percent (50%) of the amount of ad valorem taxes which
would be payable to City if all of the hereinabove described
property which existed on January 1, 1986, had been w~thin the
corporate limits of City and appraised each year by City's
independent appraiser; and
(2) Thirty percent (30%) of the amount of ad valorem taxes which
would be payable to City on any increase in value of the
hereinabove described property, in excess of the appraised value
of same on January 1, 1986, resulting from new construction and
new acquisitions of tangible personal property, (exclusive of
Construction in Progress, which shall be exempt from taxation),
if all of said new construction and acquisitions had been within
the corporate limits of City and appraised by City's independent
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Industrial District Agreement - 5
appraiser;
with the sum of (l) and (2) reduced by the amount of City.s ad valorem
taxes on the annexed portion thereof as determined by appraisal by
the Harris County Appraisal District.
Nothing herein contained shall ever be construed as in derogation
of the authority of the Harris County Appraisal District to establish
the appraised value of land, improvements, and tangible personal
property in the annexed portion, for ad valorem tax purposes.
III.
This Agreement shall extend for a period beginning on the 1st
day of January, 1987, and continue thereafter until December 31, 1993,
unless extended for an additional period or periods of time upon
mutual consent of Company and City as provided by the Municipal
Annexation Act; provided, however, that in the event this Agreement
is not so extended for an additional period or periods of time on
or before August 31, 1993, 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 agrement, and in such event
Company agrees that if the Texas Municipal Act, Article 970a (V.A.T.S.),
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 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 I, 1980.
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Industrial District Agreement - 6
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, that
nothing herein contained shall be deemed to obligate either party
hereto to agree to an extension of this Agrement.
V.
Company agrees to pay all ad valorem taxes, and all II in lieu
of taxes II 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, assessment,
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 lIin lieu of taxll payments
hereunder, except as otherwise provided in Articles II and 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
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Industrial District Agreement - 7
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.
Nothwithstanding such protest by Company, Company agrees to pay
to City on or before the date therefor hereinabove provided, at least
the total of (a) the total amount of ad valorem taxes on the annexed
portions, plus (b) 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 Agrement 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 (as the case may be) for that year.
When the City or Harris County Appraisal District (as, the case
may be) valuation on said property of Company has been s6 finally
determined, either as the result of final judgment of a court of
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 penal ties,
interests, and costs.
(B) Should Company disagree with any appraisal made by the
independent apppraiser selected by City pursuant to Article II above
(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" payment;.s to be
made under this Agreement.
Should Company give such notice of disagreement, Company shall
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Industrial District Agreement - 8
also submit to the City with such notice a written statement setting
forth what Company believes to be the market value of Company IS
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 I 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 I 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
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,
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Industrial District Agreement - 9
subject only to judicial review as may be available under the
Texas General Arbitration Act (Articles 224-238, Vernon's Annot-
ated 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.
(C) Should the provisions of Article II of this Agreement
become impossible of enforcement because of (1) the invalidity or
unenforceability of the Texas Property Code (S.B. 621, Acts of the
65th Texas Legislature, Regular Session, 1979), or any relevant
provision thereof, or (2) because of any material delay or failure
to act on the part of the Harris County Appraisal District, then and
in any of such events, all payments under this Agreement shall be
governed by the provisions of Article II hereof; anything to the
contrary in this Agreement notwithstanding.
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 lIin lieu of taxesll
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.
Company agrees to provide to City at Company's expense, a survey
plat and field note description of the land and improvements which
Company petitions to be annexed in accordance with the provisions of
Article II above. Such annexation tract shall be contiguous to a
point on the existing corporate limits of La Porte. In the event of
failure of Company to file either such petition, or such description,
City shall have the right by notice in writing to Company to cancel
and terminate this Agreement.
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Industrial District Agreement - 10
IX.
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 wi thin 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.
X.
If City enters into an Agreement with any other landowner with
respect to an industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement; provided,
however, City reserves the right to enter into such agreements or
renewal agreements with other landowners not covered by existing
agreements, containing a percentage of ad valorem taxes more favorable
to the landowner than that contained in Paragraph II, Subparagraph 3
(2) hereof, and Company and its assigns shall not have the right to
amend this agreement to embrace the more favorable percentage of ad
valorem taxes contained in such agreement or renewal thereof, than
that contained in Paragraph II, Subparagraph 3 (2) hereof. City may
extend more favorable terms to landowners covered by existing contracts
only to the extent such favorable terms apply to any increase in
value of the hereinabove described property, in excess of the appraised
value of same on January 1, 1986, as described in Paragraph II, Sub-
paragraph 3 (2) hereof.
..
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Industrial District Agreement - 11
XI.
In the event anyone or more words, phrases, clauses, sentences,
paragraphs, sections, articles or other parts of this Agreement or
the applicaton thereof to any person, firm, corporation or circum-
stances 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 partes of this
Agreement shall not be affected thereby.
XII.
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 1st day of June, 1986.
ATTEBTz
ARCO Chemical Company
(COMPANY)
fJ0B
(t~"
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lme: ~Jh '^ r,D. ~ ,.<;cl. 0 r'
BY
Jr.~. ~
Name:
D. R. Mathera
Title:
Plant Manager
Address:
10801 Choate Road
Pasadena, TX
77507
APPROVED BY COUNSEL:
ts C l J f
Telephone:
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Industrial District Agreement - 12
ATTEST:
CITY OF LA PORTE
By:
Cherie Black, City Secretary Norman Malone, Mayor
By:
Robert T. Herrera, City Manager
CITY OF LA PORTE
P. O. Box 1115
La Porte, Texas 77571
APpa;~U~
KNOX W. ASKINS, City Attorney
702 W. Fairmont Parkway
P. O. Box 1218
La Porte, Texas 77571
Telephone: (713) 471-1886
I.
(Revised: 03/87)
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EXHIBIT -A-
Page 1 of 2
TO AN INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE,
TEXAS, AND ARCO CHEMICAL COMPANY.
1. City and Company agree that the real property of Company, more
particularly described on Page 1 of this Industrial District
Agreement, is presently unimproved, and unannexed to City, except
for existing "strip" annexations, if any. City and Company further
agree that Paragraph II hereof is hereby amended, to provide that
during the term of this Industrial District Agreement, and for such
period of time that said real property remains unimproved, that City
will not annex said propertY1 provided, however, City reserves the
right to conduct "strip" annexations as my be required by law in
connection with annexation of land other than that owned by Company.
Company agrees to render to City and to pay as "in lieu of taxes" on
Company's said unimproved land, an amount equal to the sum of 100%
of the amount of ad valorem taxes which would be payable to City if
all the hereinabove described property of Company had been within
the corporate limits of City and appraised each year by City's
independent appraiser.
2. The provisions of the preceding paragraph hereof shall remain in
full force and effect during the term of this Industrial District
Agreement1 provided, however, at such time as Company commences
improvements to Company's hereinabove described real property,
Company shall be entitled to pay an amount "in lieu of taxes" on
Company's land, improvements, and tangible personal property on the
above described property, in accordance with Paragraph II of this
Industrial District Agreement.
3. Company agrees that the real property of Company herein
described shall not be used as a site for commercial hazardous waste
incineration, i.e., incineration of hazardous wastes generated off-
site1 provided, however, City does not waive its rights reserved
under Paragraph 1 of this agreement.
4. Except as amended by the terms and provisions of this Exhibit
"A", the terms and provisions of the Industrial District Agreement,
to which this Exhibit "A" is attached, shall remain in full force
and effect for the term of this Agreement, expiring December 31,
1993.
ENTERED INTO this day of February, 1991, retroactive to
effective date of January-I, 1991.
~
BY:
ARCO Chemical Company
(COMPANY)
p.~ ~
Name:
D. R. Mathera
Title:
Plant Manager
10801 Choate Road
Address:
Pasadena, TX 77507
Address:
4((
Telephone:
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METES AND BOUNDS DESCRIPTION
23.8225 ACRES (1,037,707 SQUARE FEET)
PART OF THE ARCO CHEMICAL COMPANY 100 ACRE TRACT
WITHIN THE LA PORTE INDUSTRIAL DISTRICT
Being 23.8225 acres (1,037,707 square feet) of land situated in
the G~orge B. Mckinstry League, Abstract 47, Harris County,
Tp.x~sr and being out of that certain 100.0000 acre tract of land
~onv~y~d to ARGO Chemical Company by instrument recorded under
File Number M728181 and Film Code 182-70-1786 of the Harris
County Official Public Records of Real Property~ said 23.8225
~cres (1,037,707 square feet) of land being more particularly
described by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod found for the northwest c6rner
of said 100.0000 acre tract, same being the northwest corner of
the herein described tract of land, and being in the east
right-of-way line of Bay Area Boulevard, based on 150 feet in
width;
THENCE N 87-26-12 E 2286.50 feet to a 5/8 inch iron rod found for
th~ northeast corner of said 100.0000 acre tract, same being the
northeast corner of this tract, and being in the west line of a
Harris County Flood Control District Fee Strip, called Ditch "C",
Tract 2, recorded und~r File Number 0239800 and Film Code
123-38-0888 'of the Harris County Official Public Records of Real
Property: .
THENCE 5 10-08-23 E 450.79 feet, with the east line of said
100.0000 acre tract, same being the west line of said Ditch "C",
Tract 2, to a'S/8 inch iron rod set for the southeast corner of
.this tract;
THENCE S 87-26-12 W 2358.03 feet to a 5/8 inch iron rod =ound for
the southwest corner of this tract and being in the west line of
said 100.0000 acre tract, same being the east right-of-waiy line
of said Bay Area Boulevard:
THENCE N 01-00-45 W 447.02 feet to the PLACE OF BEGINNING and
containing 23.8225 acres (1,037,707 square feet) of land.
TeKas Land Surveying Company
P.O. BOK 5825 Pasadena, Texas 77508
Job No. 0108-004C-1 October 8, 1990
-------------------------------- ----
Peter L. Willms
Registered Professional Land Surveyor
Texas Registration No. 1742
EXHIBIT liB"
Page 1 of 2
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PLAT OF S'JRVEY
1000000 ACRES (4,356,000 SQUARE FEET)
GECRGE a McKINSTRY LEAGUE, A-'H
HARRIS COUNTY, TEXAS
EXHIBIT liB"
Page 2 of 2
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
November 11, 1991
Requested By:
Report
Knox Askins
Department:
City Attorney
Resolution XX
Ordinance
Exhibits:
See attached ordinance.
See attached Industrial District Agreement.
SUMMARY & RECOMMENDATION
The attached ordinance approves an industrial district agreement between the City of La
Porte and ARCO Pipe Line Company, to common expiration date of 1993.
Action Required by Council:
Passage and approval of ordinance.
Availability of Funds: N/ A
General Fund
Capital Improvement
Other (None required)
Funds Available:
Water/Wastewater
General Revenue Sharing
Account Number:
YES NO
Approved for City Council Agenda
Q~ ,-. ~
~\}lp)~
Robert T. Herrera
City Manager
DATE
.' c
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~~4
ORDINANCg NO. 1795
AN ORDINANCE AUTHORIZING THE EXECUTION BY
INDUSTRIAL DISTRICT AGREEMENT WITH ARCO
THE BAYPORT INDUSTRIAL DISTRICT FOR THE
1987, AND ENDING DECEMBER 31, 1993.
THE CITY OF LA PORTE OF AN
PIPE LINE COMPANY, WITHIN
TERM COMMENCING JANUARY 1,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby finds, determines and
declares that ARCO Chemical Company has executed an industrial
district agreement with the City of La Porte, for the term
commencing January 1, 1987, and ending December 31, 1993, 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 Council, 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.
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.
. _, t
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ORDINANCE NO. 1795
PAGE 2
PASSED AND APPROVED, this 11th day of November, 1991.
CITY OF LA PORTE
BY
Norman L. Malone, Mayor
ATTEST:
Cherie Black
City Secretary
AP~~~
Knox W. Askins
City Attorney
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(Revised:
06/86)
NOTICE: THIS CONTRACT IS SUB.TECf TO ARBITRATION
UNDER THE TEXAS GENERAL ARBITRATION ACT, ARTICLE
224, ET. SEO.. REVISED CIVIL STATUTES OF TEXAS
THE STATE OF TEXAS ~
~
COUNTY OF HARRIS ~
~
CITY OF LA PORTE ~
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 ARCO Pipe Line Company, a Delaware corporation, hereinafter called
"COMPANY"
WITNESSETH:
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
. I
described in the Deed Records of Harris County, Texas, in the following Volume and
Page references, to-wit:
Special Warranty Deed dated August 18, 1988 wherein Atlantic Richfield
Company conveyed three tracts of land totalling 169.450 acres, more or less,
to COMPANY and being recorded in the Official Public Records of ~eal
Property of Harris County, Texas, on September 15, 1988, under MicroFilm
Identification No, 127-76-2001 through 127-76-2005. A copy of this Special
Warranty Deed marked Exhibit "A" is attached hereto and made a part
hereof, upon which tract(s) Company has either constructed an industrial
plant(s) or contemplates the construction of an industrial plant(s); and
TillS INDUSTRIAL DISTRlCT AGREEMENT IS SUBJECT TO TI/E TERltIS AND CONDITIONS SET FORTI/IN EXIIIBIT "B. A 7TACI/ED I/ERETO, INCORPORA TED BY
REFERENCE I/ERElN, AND MADE A PART I/EREOF FOR ALL PURPOSES.
-'
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Industrial District Agreement - 2
WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729,
designating portions of the area located in its extraterritorial jurisdiction as the
"Battleground Industrial District of La Porte, Texas," and Ordinance No. 842, designating
portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial
District of La Porte, Texas," hereinafter collectively called "District," such Ordinances
being in compliance with the Municipal Annexation Act of Texas, Article 970a, Vernon's
Annotated Revised Civil Statutes of Texas; and
WHEREAS, City desires to encourage the expansion and growth of industrial
plants within said Districts and for such purpose desires to enter into this Agreement
with Company pursuant to Resolution 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:
I.
City covenants, agrees and guarantees that during the term of this Agreement,
provided below, and subject to the terms and provisions of this Agreement, s~id 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 annexed under the provisions of Article II hereof, shall be immune from
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Industrial District Agreement - 3
annexation by City during the term hereof (except as hereinafter provided) and shall
have no right to have extended to it any services. by City, and that all of said land,
including that which has been heretofore or which may be annexed pursuant to the later
provisions of this Agreement, 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 thereon; provided, however, it is
agreed that City shall have the right to institute or intervene in any judicial proceeding
authorized by the Texas Water Code or the Texas Clean Air Act 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.
II.
11.584 acres of the hereinabove described property as set forth in Exhibit "C"
attached hereto and incorporated herein has heretofore been annexed by City. Company
agrees to render and pay full City ad valorem taxes on such annexed. land and
improvements, and tangible personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of the 65th
Texas Legislature, Regular Session, 1979, as amended), the appraised value for tax
purposes of the annexed portion of hind, improvements, and tangible personal property
shall be determined by the Harris County Appraisal District. The parties hereto
recognize that said District has no authority to appraise the land, improvements, and
tangible personal property in the unannexed area for the purpose of computing the "in
lieu" payments hereunder. Therefore, the parties agree that the appraisal of the land,
improvements, and tangible personal property in the unannexed area shall be conducted
by City, at City's expense, by an independent appraiser of City's selection. The parties
.recognize that in making such appraisal for "in lieu" payment purposes, such appraiser
must of necessity appraise the entire (annexed and unannexed) land, improvements, and
tangible personal property. Company agrees to render and pay full City ad valorem
taxes on such annexed land, improvements, and tangible personal property.
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Industrial District Agreement - 4
Company also agrees to render to City and pay an amount "in lieu of taxes" on
company's land, improvements, and tangible personal property in the unannexed area
equal to the sum of:
(1) Fifty percent (50%) of the amount of ad valorem taxes which would be
payable to City if all of the hereinabove described property which existed
on January I, 1986, had been within the corporate limits of City and
appraised each year by City's independent appraiser; and
(2) Thirty percent (30%) of the amount of ad valorem taxes which would be
payable to City on any increase in value of the hereinabove described
property, in excess of the appraised value of same on January I, 1986,
resulting from new construction and new acquisitions of tangible personal
property, (exclusive of Construction in Progress, which shall be exempt from
taxation), if all of said new construction and acquisitions had been within
the corporate limits of City and appraised by City's independent appraiser;
With the sum of (1) and (2) reduced by the amount of City's ad valorem taxes on the
annexed portion thereof as determined by appraisal by the Harris county. Appraisal
District.
Nothing herein contained shall ever be construed as in derogation of the authority
of the Harris County Appraisal District to establish the appraised value of land,
improvements, and tangible personal property in the annexed portion, for ad valorem tax
purposes.
III.
This Agreement shall extend for a period beginning on the 1st day of January,
1987, and continue thereafter until December 31, 1993, unless extended for an additional
period of periods of time upon mutual consent of Company and City as provided by the
Municipal Annexation Act; provided, however, that in the event this agreement is not so
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Industrial District Agreement - 5
extended for an additional period or periods of time on or before August 31, 1993, 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, Article 970a (V.A.T.S.), 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 Company or
impose 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 det~rmined 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, 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 ad valorem taxes, and all "in lieu of taxes" payments
hereunder, to City on or before December 31 of each year during the term hereof. It
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Industrial District Agreement - 6
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,
assessment, Harris County Appraisal District review and appeal procedures, co~rt 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
Articles II and 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, at least the total of (a) the total amount
of ad valorem taxes on the annexed portions, plus (b) 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 (as the case may be) 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 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.
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Industrial District Agreement - 7
(B) Should Company disagree with any appraisal made by the independent
appraiser selected by City pursuant to Article II above (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 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
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Industrial District Agreement - 8
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 only 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.
(C) Should the provisions of Article II of this Agreement become impossible
of enforcement because of (1) the invalidity or unenforceability of the Texas Property
Code (S.B. 621, Acts of the 65th Texas Legislature. Regular Session, 1979), or any
relevant provision thereof, or (2) because of any material delay or failure to act on the
part of the Harris County Appraisal District, then and in any of such eve!1ts, all
payments under this Agreement shall be governed by the provisions of Article II hereof;
anything to the contrary in this Agreement notwithstanding.
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.
Company agrees to provide to City at Company's expense, a survey plat and field
note description of the land and improvements which Company petitions to be annexed
in accordance with the provisions of Article II above. Such annexation tract shall be
Industrial District Agracnt - 9
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contiguous to a point on the existing corporate limits of La Porte. In the event of
failure of Company to file either such petition, or such description, City shall have the
right by notice in writing to Company to cancel and terminate this Agreement.
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.
x.
If City enters into an Agreement with any other landowner with respect to an
industrial district or enters into a renewal of any existing industrial district agreements
after the effective date hereof and while this Agreement is in effect, which contains
terms and provisions more favorable to the ~andowner than those in this agreement,
Company and its assigns shall have the right to amend this Agreement and City agrees
to amend same to embrace the more favorable terms of such agreement or renewal
agreement; provided, however, City reserves the right to enter into such agre,ements or
renewal agreements with other landowners not covered by existing agreements, containing
a percentage of ad valorem taxes more favorable to the landowner than that contained
in Paragraph II, Subparagraph 3 (2) hereof, and Company and its assigns shall not have
the right to amend this agreement to embrace the more favorable percentage of ad
valorem taxes contained in such agreement or renewal thereof, than that contained in
Paragraph II, Subparagraph 3 (2) hereof. City may extend more favorable terms to
landowners covered by existing contracts only to the extent such favorable terms apply
to any increase in value of the hereinabove described property, in excess of the appraised
value of same on January 1, 1986, as described in Paragraph II, Subparagraph 3 (2)
hereof.
Industrial District Ag.e!cnt - 10
e
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.
XII.
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 effective as of the 1st day of June, 1986.
ATfEST:
efl.~
AR 0, ipe Lint~ompany
By: l~.~ \. i fl~"\Lk-\AA~
Assistant Secretary
Vice President
ARCO Building
Independence, KS
APPROVED BY COUNSEL:
.A { ItL(&l'1L--
Mark A. Plake
Independence, KS 67301
(316) 331-1300
A TIEST:
CITY OF LA PORTE
By:
Norman Malone, Mayor
Cherie Black, City Secretary
By:
Robert T. Herrera, City Manager
CITY OF LA PORTE
P.O. Box 1115
La Porte, Texas 77571
Horney
90122lI
OILA W\AGR\LAPORrn
JL84879'_
e
SPECIAL WARRANTY DEED
'\ 27 "::76=ZOQT
.:~. "/:,. ~ ~..: ~::..i~;: :;.r~ ...i..\ ,II',:
STATE OF TEXAS )
) KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS )
That Atlantic Richfield Company, a Delaware corporation
("ARCO") for and in consideration of the sum of One Hundred
and No/IOO Dollars ($100.00) and other good and valuable /. .(.L/
. consideration to it in hand paid by ARCO Pipe Line Company.... .
("APL"), a Delaware corporation, whose address is ARCO
Building, Independence, Kansas 67301 ("APL"), the receipt and
sufficiency of which is hereby acknowledged, has granted and
conveyed and by these presents does grant and convey unt'o APL
all of its right, title, interest and estate in and to that
certain tract of land and premises in the William M. Jones
Survey, Abstract 482, and the George B. McKinstry League,
Abstract 47, Harris County, Texas, containing 169.450 acres
in three tracts, 49.366 acres, 117.281 acres and 2.803 acres,
the latter tract being embraced within the right-of-way for
Fairmont Parkway) described in Exhibit "A", attached hereto
and incorporated herein for all purposes.
Being the same' tract of land or premises conveyed by
Friendswood Development Company to ARCO by deed dated
December 30, 1974, and recorded in File No. E334151, Film
Code 114-12-0563 through and including 114-12-0573 of the
Official Public Records of Real Pror.erty of Harris County,
Texas hereinafter called the "Deed. I
This conveyance is made and accepted subject to:
(a) all rights, easements, restrictions, exceptions,
reservations and encumbrances whether recorded or unrecorded
(b) the convenants, exceptions, conditions, rights,
easements, restrictions, reservations, purchase options and
encumbrances contained in the Deed.
TO HAVE AND TO HOLD the above-described premises,
together with all and singular the rights, privileges, and
appurtenances thereto in any manner belonging unto APL, its
successors and assigns against every person whomsoever
lawfully claiming or to claim the same or any part thereof,
by, through, or under ARCO, but not otherwise.
This Special Warranty Deed has been executed on the date
of. the:acknowledgment hereto but shall be effective for all
purposes as of the 18th day of August, 1988.
Attest ':
Atlantic Richfield Company
/u
~/4v>-<-
Assistant Secretary
By
,j ,"
Senior Vice President
- ARCO
~"'l:"
..~.
~.
~'!.
EXHIBIT "A" Page 1
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'27 -76":20:J2
I) /' I
STATE OF l/tit.. .c...,'l//I. .'t..)
'..' . t" ) SS
COUNTY OF .~. It. .;t. / .J/ . .". .n{'", )
........ ~ C L(.. (( L ("_'
Before me, .. ).....; ;Idc( 11. /1<-':}'iCft'l/ ,a Notary Public,
on this day persona y appeare r'({'/,(;J-(, (, I fltll;'/:"6 , known to
me to be the person whose name is su scr ed ~~ the foregoing
instrument, and known to me to be the ..;'. t. "/[.C:..L President
of Atlantic Richfield Company, a corporat10n, an acknowl-
edged to me that he executed said instrument for the purposes
and consideration therein expressed, and as the act of said
corporation.
.Given under my hand and seal of office, this .;?{ilt day
of ((U.i:/~(I!.--t. , 1988.
(j
., OFFICIAL SEAL
l:INDA M MENCKEN
: NOTARY PUBLIC - CAUFORNIA
LOS AHGEi.ES 00UKlY ,
Mr c:omm. expIres JAN 18. 1992 I)
c~.:~..-t.('(./ /l( , / Jc..'e: <~;.:(.:~Lt;.-x~
Notary Pub). ic , 31'",-, tl.),~(i(' ((6-'
C t (I.' 11.1- ., ~ '(7
oun y, .(. CC _t:<o 1 A (,-<'
t
commission expir~s:
, .. . . . . J C If/e?;>
(., 'I. (. l.. ..('t../ ,., c', / / /.....
" I .
EXHIBIT "A" Page 2
- 2 -
"
'HIBI'r IIA II '1'0 DEED
e
FROM
ATLANT.IC RICHFIELD COMPANY
. ,
TO
ARCO PIPE LINE COMPANY
"\ i7"'76:':2.QG'3
1"lETES AND BOUNDS DESCIUPl'lON
169 .1~50 1\C1U:S
HILLIM.l 1-1. JONES SU1~'.'r.Y) 1\-I,S2
GEOl':'GE B. t-!cKI.USTltY LE^GlIJ::, i\-L~7
1l1\IUUS COUNTY) TE:X1\~
Being three tracts Ot" parcels containing a total of 169.1,50 acres
of '~and in the Hilliam N. Jones Sut"vey, A-I.B2 and in the George ll.
J.vlcK~ns try Lea gue, A -L~ 7, lla rri s Coun ty J Texa sand being wore pa rti-
cularly described as Teact I, Tract II und Tract III by metes and
bounds as follows (all bearings referenceu to the Texas Coordinate
System, South Central Zone):
'J.'1V\CT 1.
BEG~NNI~G at COPI:erVlelcl.INumber 2856, being, the intersection.. of the /J-J()
south l1ne of FUlrmont Par.k\vay, 250 feet \.ade, ~~Qcorde..d-):-n (;u/~
~me-J6~&\.ge-L...l)-Dee<.l-Heeord6,-llc.l'l.:'14D-GEH:-lfl-L~e-itfrf:t Cl nd the
eas t line of a 230.00 foot \.Jide Harris County Flood Control Dis trict
right-of-way for lUg Island Slough as recorded in Volume 8260, Page
12L.., Deed Records, lla t"ri s Coun ty, Te xn s ;
THENCE with the east line o[ said llnn:is- County flood Control District
right-of-Hay, S 070151.19" E for a difitLl\1cC of 1052.20 feet to Copper-
Held Number 2857, a point Ear corner, in the 0nst line o[ said llarris
County Flood Control lH~trict rigltt--o(-\'lny, 230 feet Hide;
THENCE continuing -vd.th said cast line, S '3t..059, 39" E for a distance
of: lhL~9.7() feel: to Copp0.nHd.d 111I1II1J(!r: /..B~B, it pojnt for. COI~IlCl:", at
the intersection of: Ule east line of ~;aill liard.:; County FLoo'J Control
-', District right-oE-way, 230.00 feet \,Jide, (Ol~ Big Island Slough and
the wes t line o[ [l 100.00 [oat \oJi.cle Pipe Ii ne COLl."idor "510";
THENCE \-1i th the Hes t li ne 0 [ the i1 fo L-elllen ti aned Pi pc 1 ine Co r.ridor
"510",100.00 feet Hide, 1'1 l!~oL.IIL.9" E [or n distance of 2395.58
feet to an Exxon Pipeline Company marker, identifi.ed as IIPL 127, a
point for corner, be:Lug tlte iutel"section of: the Hcst line ot said
Corridor and the aforesaid south line of Fainllont l'ark\-1ay, 250 feet
wiele'
,
THENCE -vlith said south line, S 86052137" H Ht B3.2B feet passi.ng a
5/8" iron rod, at 1266.09 feet passin[; a SiBil iron roel called Rod
2061, 2.23 feet S 03007'23" E, and continuin{~ in nll [or Ll total
distance o[ 157l..52 [eet to Coppen'leld 2B56; the POINT OF BEGINNING
and containing 49.366 acres of land.
TH1\CT T1
CO~It:lENCING [or n.![urence at C:opp(~nwld r.ltlllll>el~ ?B5() bed!"ll'. I:lw inter-
sccti.on of: the ::iOlll.:1t line o[ Fn.inaonl'. 1'~Il."ku:1Y, I.JO,110 [cell.: \0/1<.18, ...as... (!;f
.:r'-eeH.t,:d.t;-d-J:n-V'H~I,,"I!lIC~ (,'I-.~,-PlTr;e:lr+-;-D~ r:tl-R liEl.if<:f rr~-T1 ::il~1~tTI-t:ut1nt-~1~~tHi .,'
and l.:hl~ ellDI: l.iL\C! o[ II I.]O.{)() foot ,-/ide lIi1rri:i COl\nl:y Flood Control
Dlstrict r.lght-uf:-\,wy [U1." B:l.g lUl.lllld Sllllll',l. &In n~<:()I:<It.d 11l Voltlllle
- 8260, P[lf~c 121..) Deed l{cconls, llarri.s County, Tc;.:as;
THE:NCE ,\'lith said south lill(! o( F<I.lnllont Pal'k\'Jay, i1 B(jOS2IJ7" E, at
a distance of: 157L~,52 feet pa~;sint~ the \-Jest litle of I::xxon Pipeline
Corri.dor "510",100.00 [eet Hide, o\HI continuini-~ in all fot" u total
EXHIBIT "A" Page 3
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., 27~76:Z004
distance of 1679.56 feet' to Exxon Pipeline Company Harker, identified
as HPL-'.L28, the POINT OF BEGINNING, said point a Iso being on the
easterly line of the said 100.0 foot Corridor;
THENCE continuing with said south line N B605213711 E for a distance
?f 1371.?2 reet to Copperweld Number 2860, a point for corner, be-
l.ng the; l.ntersection of said sOLlth 'line of Fainllont ParkHay, 250.00
feet w1.de, and the \-.leG t line of Baypa r.k I~oad, 100.00 [ee t wide;
THENCE with said '\\1es t line, S 02027159" E for a dis tance of 2883.23
feet to Copperweld Number 2827, a point for cor.ner, being the north-
east corner of a 60.792 acre tract of land;
THENCE with the north line of said 60.792 acre tract, S 87031140" H
for a distance of l8ll~.53 feet to Coppen\1cld NUlIlber 2828, a point
for corner, being the intersection of the north line of said 60.'792
acre tract and the east line of the aforesaid 230.00 foot wide
Harris County Flood Control District right-of-way for Big Island
Slough;
THENCE with said east line N 34059139" H for a distance of 553.93
,
feet to Copper'\\1eld Number 2859, a point for corner, being the inter-
section of the east line of said lIarris County Flood Control District
right-of-way, 230.00 feet wide, and the cast line of Pipeline Corridor
"510", 100.00 feet' Hide; ,
THENCE with the east line of said Pipeline CorriJor, N lL~ol~1Il~9" E
for a distance of 2512.56 feet to the POINT OF BEGINNING and contain-
ing 117.281 acres of land.
TRACT III
BEGINNING at Copperweld Rod Number 2856, marking the intersection /lJ}:)
of the south line 0 f Fairmont Parlu-1ay, 250.00 fee t 'oide, .as roco};'d~ (.~0-
in Volume 36/12, P3gC Ill, DQQrl n(>~ord~} Ilnrr'is tounty, 'l'Q~:a.ii with the
east line of a 230.00 foot wide Harris County Flood Control District
right-of-way for Big Island Slough as recorded in Volume 8260, Page
12L~, Deed Records, lIarri s COLlnty, Texa 5, t;;d.tl sou thcrly l:i.n(~ 0 f
Fairmont Pa.rkway, 250.00 fee l: wide, being a COllllllon line wi th the
~outh line of old Cardiff Road, 80.00 feet wide;
'fllENCE \.Jith said COllllllon lille, N 86052137" E, a L: J.!~91. 21~ feet pansing
a 5/8" iron rod at l57L~. 52 feet passing an Exxon Pipeline Company
marker, identified as lIPI... 127, on the Hesterly line of Pipeline
Corridor "510", 100.00 feet '\\1ide, at 1679.56 feet passing an Exxon
Pipeline Company Harker, identified as llPL 128, on the easterly line
of said Pipeline Corridor "510" and continuing in all for a total
distance of 3050.58 feet to CoppenJeld Rod Number 2860 for corner,
said point being on the '\\1esterly line of Buypark Road, 100.00 feet
wide;
THENCE Hith a projection of the \.Jesterly line o[ said Baypark Road,
100~00 feet wide,. N 02027159" H, for a distance of 40.00 feet to a
point for corner 'on the centerline of th6 aforesaid old Cardiff
Road, 80.00 feet wide;
THENCE with said centcl.-line S 86052137" H, ci:1....t:--1JSg. 63 [~par:(;in~ /f~f)
U1-e--ett'8" Lo.e'r l-Y-B:-H.e-:-e-F.-Lin! d [u '["C~ tt4-<.l-U;i. p..cilillC-Cur.dcle r' "5 to", 1. gG,..Q.() 1..:J,t;
feet \lWe-;-at 1'163.67 [('('\1- pnsosdng t4e-wet:rl::-e..:r.-ly U4l-e-e-J;-std.d Pip'ilHn9
"@UFJ:::i~~ 'll-D II all~+trL"-'i-w.uiu2.-:i n 41" 1 -.f.o. a tot aId i s t a nc e 3053. 94
feet to a point for corner, said p'oint beinp, on n projection of: the
easterly line of tJ1P. aFol~:-esaid 230.00 foot wide lIal.T:ts County Flood
0" rC o.,r- wn I -PD
Control District;tA:or llig . sland Slough; C~,0'
TllENCE \vil.:h the projection of ~iC1jd cn~ited.y 1.:i.rl(_~) S 07015139" E,
for a distance of l~O.lO feet to the l'OJ.NT OL" BI~GHININC: .::lud containing
EXHIBIT "A" Page 4
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]27-76=2005
2.803 acres of: landJ said tract being the ~oLltherly l~O.OO feet of
the aforesaid old Cardiff RoadJ 80.00 feet wide.
Compiled by:
TurnerJ Collie & BrntlenJ Inc.
Consulting Engineers
Houston .Port Arthur
December 6J 1974 Job No. 1659-006
Revised: December 24J 1974
, ,
FILED FOR RECORD
8:30 A.M. ..
ISEP 1 5 1)88
==v-.m==:=S:f~-:=':'==~~
THE STATE OF TEMS 1
CO~N~~f ~:RR~ "'" ""lIIIClIt Wit flLEP III AM HlImber
~:rrtlo;r~1.'~Ib~=-=X:~~Pr~~ :11~
coualY. ""lI clIl 5 988
SEP 1 1
/2~~&-...v
'"COUNTY CLERK
;: HARRIS COUNTY, TEXAS
q~ AfAt. .o't;
County C\erk. Harri, County, ledS
RECORDER'S MiMOR~tmUIA
~J~~~rJTo~:€J~1~J~~~r~g~?,~~M14
~~.U~~t:I~G:r~~~& ~:~~NJa.
PH010 cof"'t. (lISC
EXHIBIT "A" Page 5
Return to
Mildred L. AU~gell. Manager
Land & A/W Dapt.
AReO Bldg.
Independence, Kansas 67301
. "
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EXHIBIT -8-
Page 1 of 2
TO AN INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE,
TEXAS, AND
1. City and Company agree that the real property of Company, more
particularly described on Page 1 of this Industrial District
Agreement, is presently unimproved, and unannexed to City, except
for existing "strip" annexations, if any. City and Company further
agree that Paragraph II hereof is hereby amended, to provide that
during the term of this Industrial District Agreement, and for such
period of time that said real property remains unimproved, that City
will not annex said propertYi provided, however, City reserves the
right to conduct "strip" annexations as my be required by law in
connection with annexation of land other than that owned by Company.
Company agrees to render to City and to pay as "in lieu of taxes" on
Company's said unimproved land, an amount equal to the sum of 100%
of the amount of ad valorem taxes which would be payable to City if
all the hereinabove described property of Company had been within
the corporate limits of City and appraised each year by City's
independent appraiser.
2. The provisions of the preceding paragraph hereof shall remain in
full force and effect during the term of this Industrial District
Agreementi provided, however, at such time as Company commences
improvements to Company's hereinabove described real property,
Company shall be entitled to pay an amount "in lieu of taxes" on
Company's land, improvements, and tangible personal property on the
above described property, in accordance with Paragraph II of this
Industrial District Agreement.
3. Company agrees that the real property of
described shall not be used as a site for commercial
incineration, i.e., incineration of hazardous wastes
sitei provided, however, City does not waive its
under Paragraph 1 of this agreement.
Company herein
hazardous waste
generated off-
rights reserved
4. Except as amended by the terms and provisions of this Exhibit
"A", the terms and provisions of the Industrial District Agreement,
to which this Exhibit "A" is attached, shall remain in full force
and effect for the term of this Agreement, expiring December 31,
1993.
5. City and Company agree that the terms and provisions of this
Industrial District Agreement shall be retroactive to January 1,
1987. City acknowledges receipt of payment of "in lieu of taxes"
fro calendar years 1987, 1988, and 1989.
ENTERED INTO this day of September, 1990, retroactive to
effective date of ,Januaryl, 1987.
~ ~~ J.~ Gomp=~
(COMPANY)
BY: ,l~Q ~~
A'rTEST:
La~-
Secretary
Name: Norman R. Bennett
Name: C. A. Staton
Title: Vice President
APPROVED
A1~ey'
Address: ARCO Building
7.z-
or Company
Independence, KS
Name: Mark A. Plake
Address: ARCO Building
Independen~ KS
Telephone: (316) 331-1300__
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lIGrt 1nd.1nc.6 EI Paso
""'do Co.lac.
Trool NIII, 509.2938 Ac.
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STATION SITE
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LOCATION IICETCH
'..8000'
ANNEXED oICRES
ISClmt STRIP) 4.867 AC. '.
IHOlI'TlI SlRIPf 5,148~.'
3 569 AC,
11.584 Ie.
.........y
TRACk n
TRACIe II
TRACK :I
TtIl'AL ~RES
DISAN.m<m ACRES
WITHIN BAYPORT INDUSTRIAL DISTRICT
TRACk r 45.797 IIC..
TRACX IT SO.UI AC,
TOTAL ACIlES 136,232 Ie.
.~
.t:!2m
'IRACl In 12,805 Ie.) LIES WITlIIN 'AIRWOI<T PAR_ ROW
I/l1O IS NOT WITHIN THE llA1PORT INDUSTRIAL DISTRICT,
THAT P6RT 0' TR&CX n _'CH LIES WffilIN 1l<f Gm. 8.
OIcJUNSTRI' LEAGUE. A-~. 118.825 IIC..) IS NOT WITHIN THf:" .. .
8A1PORT lHOIr.OTRIAL DISTRICT ANlIIS NOT wITlIIN THE CITY
UIoU79 01' THE CITY 01' LA PORTE.
.'t.:
TRACT r .49.388 Aa.
TRACT It 117.281 &a.
TRACT lit 2.803 Aa.
TOTAL 169.480 Aa.
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DEEDED FROM FRIENDSWOOD DEVELOPEMENT COMPANY
:TO ATLANTIC RICHFIELD CDMPANY DATED DECEMBER
30,1974, AND FILED ON THAT DATE UNOER FILE.Jilll .
E534151 AND FILE CODE N' 114-12-0565 OF THE
OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF
HARR~ COUNTY, TEXA~
ALL BEARINGS ARE REFERENCED TO THE TEXAS
COORDINATE SYSTEM, SOUTH CENTRAL ZONE,
,:
.;
FROM METE SAND BOUN DS DESCRIPTION COMPILED'
BY TURNER, COLLIE AND BRADEN. INe. REVISED .
DEe. 24,1974. .
SURVEY BY Q,O. YOUNGBLOOD IN JUNE AND AUGUST.
1974 TEllAS REGISTERED PUBUC SURVEYOR N' 1538.
',,: I ..'
.~ ~ ACREAGE .
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~~yJ.!I~:;j ~~~
~1;ll~1Q ! ...., , .:IT..r'
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ARCO Pipe Line Company
lndependeGca. KaRMa 0.*'-..-10-71
Ace
":: .~:... -:;. II: !: ."~
LA PORTE' STATION :. .
'PROPERTY !'\:AT .
Dnwn ...-
IRlAAlf:IlL Y APt l A PORT!:)
~
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Scalellfa4QO.
Z ;514, S8'
Hat..
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_ 1l;,.29,..90
F'V1.fTf\TT '1";"
~EST FOR CITY COUNCIL AGE~ ITEM
Agenda Date Requested:
Requested By:
Louis
Department:
Purchasinq
Report
Resolution
Ordinance
Exhibits:
Interlocal Purchase Agreement
SUMMARY & RECOMMENDATION
The Cities of La Porte and Bay town have had cooperative
purchasing agreements whereby one City follows the bid procedure
and allows the other City to "piggyback" purchases on the
contract. This interlocal purchase agreement restates this
effort and allows for automatic renewal each fiscal year.
Action Required by Council:
Approve Interlocal Purchase Agreement between the Cities of La
Porte and Bay town.
Availability of Funds:
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
N/A
Funds Available:
Yes
No
Approved for City Council Aqenda
r3~-T. ~
Robert T. Herrera
City Manager
Date
\\ \~\"-\
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ORDINANCE NO. 1796
AN ORDINANCE APPROVING AND
AGREEMENT BETWEEN THE CITY OF
MAKING VARIOUS FINDINGS AND
FINDING COMPLIANCE WITH THE
EFFECTIVE DATE HEREOF.
AUTHORIZING AN INTERLOCAL PURCHASE
LA PORTE AND THE CITY OF BAYTOWNi
PROVISIONS RELATING TO THE SUBJECTi
OPEN MEETINGS LAWi AND PROVIDING AN
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 Annotatedi 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 11th day of November, 1991.
CITY OF LA PORTE
ATTEST:
BY
Norman L. Malone, Mayor
Cherie Black
City Secretary
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THE STATE OF TEXAS S
S
COUNTY OF HARRIS S
INTERLOCAL PURCHASE AGREEMENT
THIS INTERLOCAL PURCHASE AGREEMENT (NAgreementN), made and
entered into pursuant to the Interlocal Cooperation Act,
TEX.REV.CIV.STAT.ANN. art. 4413(32c), by and between the City of
Bay town, a municipal corporation located in Harris County and
Chambers County, Texas, hereinafter referred to as NBaytown," and
the City of LaPorte hereinafter referred to as the purchasing
government having its principal place of business at P.O. Box
1115, LaPorte, Texas 77571.
WIT N E SSE T H:
WHEREAS, the purchasing government desires to purchase
certain governmental administrative functions, good or services
which Bay town is currently purchasing for itself; and
WHEREAS, Bay town hereby agrees to perform the scope of
services outlined in Article 5 as hereinafter specified in
accordance with the Agreement; and
NOW THER~FORE, Bay town and the purchasing government do
hereby agree as follows:
I
Leqal Authority
The purchasing government warrants and assures Bay town that
it possesses adequate legal authority to enter into this
Agreement. The purchasing government's governing body has
authorized the signatory official(s) to enter into this Agreement
and bind the purchasing government to the terms of this Agreement
and any subsequent amendments hereto.
II
Applicable Laws
Bay town and the purchasing government agree to conduct all
activities under this Agreement in accordance with all applicable
rules, regulations, ordinances and laws in effect or promulgated
during the term of this Agreement.
III
Whole Agreement
The Interlocal Agreement and attachments, as provided
herein, constitute the complete Agreement between the parties
hereto, and supersedes any and all oral and written agreements
between the parties relating to matters herein. Except as
otherwise provided herein, this Agreement cannot be modified
without written consent of the parties.
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IV
Performance Period
The period of this Interlocal Agreement shall be for the
balance of fiscal year of the purchasing government which begins
October 11, 1991 and ends September 30, 1992. This contract shall
thereafter automatically be renewed annually for each succeeding
fiscal year.
Bay town or the purchasing government may cancel this
Agreement at any time upon thirty (30) days written notice to the
other party to this Agreement. The obligations of the purchasing
government shall survive such cancellation, as well as any other
obligation incurred under this Agreement, until performed or
discharged by the purchasing government.
V
Scope of Services
The purchasing government appoints Bay town its true and
lawful purchasing agent for the bidding of certain materials and
services, as enumerated through the submission of a duly executed
purchase order, order form or resolution. All material purchased
hereunder shall be in accordance with specifications established
by Bay town.
The materials and services shall be procured in accordance
with procedures governing competitive bidding by Bay town.
Bay town shall add purchasing government's name, quantity
requested, and delivery address to its bid documents. Purchasing
government will order directly from the vendor awarded the bid.
Ownership (title) of material purchased shall transfer directly
from the vendor to the purchasing government.
VI
Payments
The purchasing government shall make its purchases of the
bid materials and service directly from vendor, and shall pay
vendor for all purchases it makes. Bay town does not assume any
responsibility or liability to pay for materials or services
included in the bid for the benefit of the purchasing government.
VII
Chanqes and AMendments
Any alterations, additions, or deletions to the terms of
this Agreement which are required by changes in Federal and State
law or regulations are automatically incorporated into this
Agreement without written amendment hereto, and shall become
effective on the date designated by such law or regulation.
VIII
Termination Procedures
Either Bay town or the purchasing government may cancel or
terminate this Agreement upon thirty (30) days written notice by
certified mail to the other party. In the event of such
termination prior to completion of any purchase provided for
herein, such termination shall not preclude purchasing government
- 2 -
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from completing its purchases from the vendors selected by bid
under this agreement.
IX
Severability
All parties agree that should any provision of this
Agreement be determined to be invalid or unenforceable, such
determination shall not effect any other term of this Agreement,
which shall continue in full force and effect.
X
Force Maieure
To the extent that either party to this Agreement shall be
wholly or partially prevented from the performance within the
term specified of any obligation or duty placed on such party by
reason of or through strikes, stoppage of labor, riot, fire,
flood, acts of war, insurrection, accident, judgment, act of God,
or specific cause reasonably beyond the party's control and not
attributable to its neglect or nonfeasance, in such event, the
time for the performance of such obligation or duty shall be
suspended until such disability to perform is removed.
Determination of force majeure shall rest solely with Bay town.
XI
Venue
Venue and jurisdiction of any suit; or cause of action
arising under or in connection with the Agreement shall lie
exclusively in Harris County, Texas.
THIS INSTRUMENT SIGNED, in duplicate, this the
of (!)~.~ h t-Y' ,1991.
/Lj
day
ATTEST:
CITY OF BAYTOWN
~~~d((J 7k
EMMETT o. HUTTO, Mayor
lf~ jJ. ;/~
ELEEN P. HXLL, C1ty Clerk
By
ATTEST:
S:5:26:8
- 3 -
~FOR CITY COUNCIL AGEN~TEM
Agenda Date Requested: Nove~ber 11~21-
Requested By:
S. Gillett
Department:
Public Works
Report
Resolution
xxxx
Ordinance
Exhibits: Agreement between the City of La Porte and Harris County
Ordinance
SUMMARY & RECOMMENDATION
The City of La Porte, together with Harris County, has agreed to
participate in a cost-sharing project to provide an asphalt overlay to the
following streets: Valleyview Street from North L to North P Streets; Lomax
School Road from North H to North P Streets; South 7th Street from Main
Street to West Fairmont Parkway; and South 6th Street from Main Street to
West E Street.
These streets have been identified by the City's Pavement Management System
for overlay. Two years ago, the decision was made to contract all future
overlay due to equipment limitations. Harris County was contacted to
explore the feasibility to joint-venture some paving projects, and the
above listed streets were identified as prime candidates.
A total of $90,000 was allocated in the current budget for this project.
The proposed agreement limits the City's participation to $70,000, or 50%
of the total project cost, whichever is less.
Action Required by Council: Approve Ordinance authorizing an agreement
between the City and Harris County to provide an asphalt overlay to
selected City streets, and authorize an amount not to exceed $70,000 for
the City's matching share.
Availability of Funds:
XXX General Fund
----
_______Capital Improvement
Other
------
Water/Wastewater
---
General Revenue Sharing
Account Number:
001-700-701-829
Funds Available:
XX YES
NO
~EProved for City Council Agenda
G~ -r: \k~
Robert T. Herrera
City Manager
\\ 110-1,\
DATE
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ORDINANCE NO. 1797
AN ORDINANCE APPROVING AND AUTHORIZING A JOINT VENTURE AGREEMENT
BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY FOR PAVEMENT OVERLAY
OF VARIOUS ROADS; 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 11th day of November, 1991.
CITY OF LA PORTE
ATTEST:
BY
Norman L. Malone, Mayor
Cherie Black
City Secretary
APPROVED: ~
&H)!~ ~ .
Knox W. Askins
City Attorney
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ClE.uy cII. cIInJn~on, P. E.
County Engineer
(713) 221-5370
Mr. Robert T. Herrera
City Manager
City of LaPorte
P.O. Box 1115
LaPorte, Texas 77572
Reference:
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NOTICE
AS OJ? SEPTEMBER 3, 1991
OUR l'Il0NE NUMBER liAS BEEN
CIIANGED TO:
755-5370
October 23, 1991
RECEIVED
OCT 2 4 1991
Cl ry MANAGERS
OFFICE
Joint Venture - Various Roads
Dear Mr. Herrera:
Transmitted herewith, please find two (2) originals of an
agreement prepared by the Harris County Attorney's Office on the
above referenced. Please have the agreements executed and return
both copies to this office. Harris County will then execute the
agreements and one (1) fully executed agreement will be sent to
your office.
Also, attached is a listing of the work to be performed on each
road.
RLC/cl
Attachments: 2 Original Agreements
cc: Mr. Elmo Wright
Mr. Terry A. Anderson
Mr. Jack Watkins
Ms. Janet stubbs
Central File
Castille, P.E.
Assistant
Harris County Administration Building · 1001 Preston, Seventh Floor . HOllston, Texas 77002-1893
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d.\k.laporte
A G R E E MEN T
THE STATE OF TEXAS ~
~
COUNTY OF HARRIS ~
This Agreement, made and entered into by and between Harris
County, a body corporate and politic under the laws of the state of
Texas, hereinafter called "County," and the City of LaPorte, a body
corporate and politic under the laws of the State of Texas,
hereinafter called "City";
WIT N E SSE T H:
WHEREAS, it is to the mutual benefit of County and city to
provide an asphalt overlay to the following public streets located
within the city limits of the City: Valley View Street from North L
Street to North P Street, Lomax School Road from North H Street to
North P Street, South 7th street from Main Street to Fairmont Parkway,
and South 6th Street from Main Street to West E Street, hereinafter
called the "Project"; and
WHEREAS, the County is authorized by TEX. REV. CIV. STAT. ANN.
art. 6702-1, ~2.010 (Vernon supp. 1991) to expend County funds for the
construction, improvement, maintenance or repair of a street located
in the County within the limits of an incorporated city with the
approval of the governing body of said city, and execution of this
Agreement by the city evidences such approval; and
WHEREAS, City is willing to contribute 50% of the total cost of
the Project up to $70,000.00, provided that County will contribute the
balance of the cost of the Project and undertake to have same
constructed; and
NOW, THEREFORE, for and in consideration of the mutual covenants,
agreements and benefits to the parties herein named, it is agreed as
follows:
I.
within thirty (30) days of the execution of this Agreement, the
City shall transmit to the County, .without demand, a warrant or check
made payable to Harris County in the amount $70,000.00. Within one-
hundred eighty (180) days of the receipt of said warrant or check, the
County shall prepare, or cause to be prepared, drawings and
specifications in accordance with the usual requirements of County,
and will perform other necessary engineering services in connection
with the Project. Upon completion of the said drawings and
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specifications, County will submit the same to the Mayor of City or
his designee for written approval.
II.
It is contemplated that the Project can be constructed on
existing right-of-way held in the name of the city, and neither the
County nor the City is under any obligation to acquire additional
right-of-way for the Project or to contribute to its cost. If the
existing right-of-way is not sufficient for the Project, County's sole
remedy will be to terminate this agreement. Upon such termination,
any unexpended funds theretofore advanced by City shall be immediately
returned, and both parties hereto shall be relieved of all further
obligations hereunder.
III.
within sixty (60) days of the approval described in Paragraph I,
County will advertise for and receive bids for the construction of the
Project in accordance with the approved drawings and specifications in
a manner similar to that of other like County Pr9jects.
IV.
Upon receipt and tabulation of the bids for the Project, County
will determine the lowest and best bid for the construction of the
Project. In the event the lowest and best bid for the construction of
the Project is an amount that would result in the total cost of the
Project being equal to or less than the sum of $140,000.00, the County
shall award the contract to the lowest and best bidder, in accordance
wi th the usual and customary procedures of the County, subj ect to
certification of the availability of funds for the Project by the
County Auditor. Notwithstanding the above, it is expressly agreed and
understood that the County reserves the right to reject all bids. In
such event, the County, in its discretion, may either re-advertise for
bids pursuant to the same understanding with regard to rejection of
bids or terminate this agreement as hereinafter provided. The
County's determination of the lowest and best bid for the proj ect
shall be final and conclusive.
V.
In the event the lowest and best bid for the construction of the
proj ect is an amount that would result in the total cost of the
Project being in excess of $140,000.00, then and in that event, County
shall have the following four options:
1. . County may elect to pay the additional cost and proceed
to let the contract and continue with the Project.
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2. County may rej ect all bids and elect not to proceed
with the letting of the contract and terminate the
Project without further obligation to city. In such
event, any unexpended funds previously paid by City
hereunder shall be immediately returned.
3. County may reject all bids and readvertise for bids as
in the first instance.
4. County may notify City of the bid and undertake to
negotiate with city for County and City to agree in
writing to pay the additional costs of the Project. In
the event the County and City agree in writing to pay
the additional costs, then and in that event, City
shall transmit to the County, without demand, a warrant
or check made payable to Harris County in the
additional amount agreed upon, and the County will
proceed to let the contract and continue with the
construction of the Project. If the County and City
fail to agree in writing to pay the additional costs,
then and in that event the County may proceed under one
of the other three options.
v;r .
The County shall be responsible for administering the
construction contract. During the construction of the Project, City
shall have the right of access to the construction site and shall have
the right to review all documents, maps, plats, records, photographs,
reports or drawings affecting said construction, provided, however,
City shall give notice by telephone to the Harris County Engineer
prior to any inspection of either the site or documents and provided
further that in conducting said inspections, City shall not interfere
with the work in progress.
VII.
Upon the completion of the construction of the proj ect, the
County shall perform or cause to be performed, a final accounting. If
total Project costs including but not limited to costs of the
construction contract and engineering and engineering support services
are less than $140,000.00, the County shall promptly pay over to the
City the difference between the city's total contribution hereunder
and 50% of said total Project costs. If total Project costs including
the costs of the construction contract and engineering and engineering
support are equal to or more than $140,000.00, the County shall retain
the entire contribution of the City hereunder.
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VIII.
The County may make such changes and amendments to the drawings
and specifications within the general scope of the approved Project as
the County Engineer deems necessary or desirable during construction
of the Project so long as the original scope and intent of the Project
is unchanged.
IX.
The County may terminate this Agreement, without cause, at any
time prior to the letting of the Contract for construction of the
Project, by written notice to City, and County shall have no
obligation hereunder other than to return to city the unexpended
funds, if any, paid hereunder by city to County.
X.
Unless otherwise changed under Paragraph 4 of Section V, it is
expressly understood and agreed that City has available the maximum
sum of $70,000.00 to satisfy its obligations under this Agreement, and
that the County has available the sum of $70,000.00 to satisfy its
obligations under this Agreement, and neither party shall be obligated
to expend more than the maximum sum available to the party.
XI.
It is further acknowledged and agreed by the parties that County
shall not be responsible for the maintenance or condi tion of the
Project facilities after completion of the work. Upon completion of
the Project, the city shall assume full ownership and responsibility
for the maintenance and repair of the Project facilities in the same
manner as other facilities within the city.
XII.
The City or its authorized representatives shall have the right
to review and audit all books, records, vouchers and documents of
whatever nature related to County's performance under this Agreement
during the period of performance of this agreement and for three (3)
years thereafter or for so long as there exists any dispute or
litigation arising from this agreement.
XIII.
No party hereto shall make, in whole or in part, any assignment
of this agreement or any obligation hereunder without the prior
written consent of the other party hereto.
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XIV.
This instrument contains the entire agreement between the parties
relating to the rights herein granted and the obligations herein
assumed. Any modifications concerning this instrument shall be of no
force and effect excepting a subsequent modification in writing,
signed by all parties hereto.
IN TESTIMONY OF WHICH, this agreement, in duplicate counterparts,
each having equal force and effect of an original, has been executed
on behalf of the parties hereto as follows, to-wit:
a.
It has on the day of
been executed on behalf of the County by
Judge of Harris County, Texas, pursuant to
the Commissioners Court of Harris County
such execution.
, 1~91,
the County
an order of
authorizing
b. It has on the day of , 1991,
been executed on behalf of City by its Mayor attested
by its City Secretary, pursuant to an ordinance of its
City Council authorizing such execution.
APPROVED AS TO FORM:
HARRIS COUNTY
MIKE DRISCOLL
County Attorney
By J;>,..... C. LJ ~
DON C. WHITLEY
Assistant County Attorney
By
JON LINDSAY, County Judge
ATTEST
CITY OF LAPORTE
BY
City secretary
By
Mayor
AUDITOR'S CERTIFICATE
I hereby certify that funds are available in the amount of
$70,000.00 to accomplish and pay the obligations of Harris County
herein.
Tommy J. Tompkins, County Auditor
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ORDER AUTHORIZING EXECUTION OF AGREEMENT
BY AND BETWEEN HARRIS COUNTY AND THE CITY OF LAPORTE
FOR THE PROVISION OF ASPHALT OVERLAY ON SEVERAL CITY STREETS
THE STATE OF TEXAS ~
~
COUNTY OF HARRIS ~
On this the
day of
, 1991, the
commissioners Court of Harris County, Texas, sitting as the governing
body
of
Harris
County,
upon
motion
of
Commissioner
, seconded by Commissioner
, duly
put and carried,
IT IS ORDERED that County Judge Jon Lindsay be, and he is hereby
authorized to execute for and on behalf of Harris County, an Agreement
by and between Harris County and the city of LaPorte, to provide an
asphalt overlay to the following public streets located within the
city limits of the City of LaPorte: Valley View Street from North L
Street to North P Street, Lomax School Road from North H Street to
North P Street, South 7th Street from Main Street to Fairmont Parkway,
and South 6th Street from Main street to West E Street, under fund
1000, said Agreement being incorporated herein by reference for all
purposes as though fully set forth word for word.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
AGENDA DATE REQUESTED November 11, 1991
REQUESTED BY Jeff Litchfield
DEPARTMENT Director of Finance
REPORT
x
RESOLUTION
ORDINANCE
EXHIBITS: Resolution
Letter from Harris County Appraisal District
SUMMARY AND RECOMMENDATION
Effective January 1, 1992, the Harris County Appraisal District (HCAD) board
of directors will be comprised of six members, each serving two year terms,
elected as follows:
One member by the Harris County Commissioners Court
One member by the Houston City Council
One member by the Houston Independent School District (HISD)
One member by Harris County Cities (excluding Houston)
One member by Harris County School Districts (excluding HISD)
One member by Conservation and Reclamation Districts
The member that represents Cities other than Houston is up for election.
At this time, HCAD has provided us with the names of the two individuals
receiving the most votes for the position. The City of La Porte needs to vote
for an individual, by means of passing a resolution, and have the resolution
returned to HCAD by November 15, 1991.
The two candidates for the position on the board of directors are:
Lee Tipton
James Cumming
ACTION REQUIRED BY COUNCIL:
Cast a vote for one of the candidates and pass a resolution stating such, or
decline to vote.
AVAILABILITY OF FUNDS:
GENERAL FUND
UTILITY FUND
OTHER
ACCOUNT NUMBER: N / A
FUNDS AVAILABLE:
YES
NO
APPROVED FOR CITY COUNCIL AGENDA
G~Tw ~
ROBERT T HERRERA
CITY MANAGER
\\ t~ lctA
DATE
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(ifll~\
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HARRIS COUNTY APPRAISAL DISTRICT
MEMORANDUM
OFFICE OF CIllEF APPRAISER
TO:
PRESIDING OFFICERS OF HARRIS COUNTY TAXING UNITS
JIM ROBINSON, CIllEF APPRAISER ~ ~~..~
ELECTION OF BOARD OF DIRECTORS
OF THE HARRIS COUNTY APPRAISAL DISTRICT
FROM:
SUBJECT:
DATE:
OCTOBER 18, 1991
As indicated in our prior correspondence, effective January 1, 1992, the board of directors of
the Harris County Appraisal District will be expanding to six (6) members to provide for
participation by conservation and reclamation districts.
All six board members will be elected to two-year terms under procedures adopted in 1981 by
more than three-fourths of the voting taxing units in Harris County, and amended in 1991 by
the HCAD board pursuant to Sec. 6.031, Tax Code. I
Under these election procedures, one member of the appraisal district board of directors is
, appointed by the Harris County Commissioners Court, one by the Houston City Council, and
one by the Board of Trustees of , the Houston Independent Sch~l District.
The city councils of the cities other than Houston each cast one vote to elect a board member
representing those cities, and the boards of trustees of the school districts other than Houston
each cast one vote to elect a board member representing such school districts.
Beginning this year, the boards of directors of conservation & reclamation districts each cast
one vote to elect an appraisal district board member who will serve as a representative of those
entities,
The nomination period for board candidates representing the small cities, school districts, and
conservation & reclamation districts closed October 15, 1991. The names of all candidates
officially nominated to me on or before that date are reflected on the enclosed "Certification of
Ballot" forms.
Ballot forms for all types of units are enclosed to make you aware of all nominees, even
though only taxing units of a particular type may vote in the election applicable to that type of
unit.
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Presiding Officers
October 18, 1991
Page 2
It is now your right and responsibility to vote for a nominee representing your particular type
of taxing unit. The governing body of each taxing unit is entitled to one vote for the candidate
of its choice from the name(s) appearing alphabetically on the appropriate Certification of
Ballot.
The vote must be by resolution. The resolution. or a certified cOJ)Y thereof. to~ether with the
compl~le<\ Certifjglio~ of Ballot, must be l!divere<\ to Jim Rol!i~son. chi~f a,wmiser. il2~
North Loop West. Houston. Texas 77092 (mail address P. O. Box 920975. Houston. Tex
77292-0975), on or before Friday. November 15. 1991. The outside of the envelope should
be marked: "Ballot for Board of Directors. II
On or before November 30, 1991, the chief appraiser will count all timely cast votes and
declare elected the candidate who receives the highest number of votes for each position. The
election results will be submitted to the governing body of each voting taxing unit and to the
nominees. A tie vote for any position will be resolved by a method of chance chosen by the
chief appraiser.
To assist you in the election procedure, I have enclosed a Certification of Ballot and a
suggested form of resolution for casting the governing body's vote for the candidate
representing its type of taxing unit. As noted above, your resolution and the Certification of
Ballot must be delivered to my office by November 15, 1991.
These procedures do not apply to Harris County, the City of Houston, or the Houston
Independent School District. Those units will select their board member by adopting a
resolution appointing such member on or before November 15, 1991, and delivering an
original or certified copy to the Office of Chief Appraiser on or before November 30, 1991.
If you have questions about the board selection process, please call me at 957-5291.
Attachments
c: HCAD Board Members
Taxing Unit Attorneys
Tax Assessors
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RESOLUTION NO. 91-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE CASTING
ITS BALLOT FOR THE ELECTION OF A PERSON TO THE BOARD OF DIRECTORS
OF THE HARRIS COUNTY APPRAISAL DISTRICT
WHEREAS, the chief appraiser of the Harris County Appraisal
District, Harris County, Texas, has delivered to the :Mayor of this
city the names of those persons duly nominated as candidates to
serve in that position on the Board of Directors of the Harris
County Appraisal District, representing and to be filled by the
cities other than the City of Houston participating in said
appraisal district; and
WHEREAS, this City deems it appropriate and in the public
interest to cast its vote for the candidate of its choice to fill
such position.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LA PORTE:
Section 1: That the facts and recitations set forth in the
preamble of this resolution be and they are hereby, adopted,
ratified, and confirmed.
Section 2: That the City of La Porte casts its vote, and it
does hereby cast its vote, for to
fill the position on the Board of Directors of the Harris County
Appraisal District, representing and to be filled by the cities,
other than the City of Houston, participating in the appraisal
district.
Section 3: That the Mayor be, and he is hereby, authorized
and directed to deliver or cause to be delivered, an executed or
certified copy of this Resolution to the chief appraiser of the
Harris County Appraisal District on or before November 15, 1991.
PASSED AND APPROVED this 11th day of November, 1991.
CITY OF LA PORTE
Norman L. Malone, Mayor
ATTEST:
Cherie Black, City Secretary
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(For Use by Cities Other Than the City of Houston)
CERTIFICATION OF BALLOT
FOR BOARD OF DIRECTORS
HARRIS COUNTY APPRAISAL DISTRICT
I, I certify that on the _ day of I 1991,
the City Council of the City of did by resolution cast its ballot
for the following nominee to serve as a member of the Board of Directors of the Harris County
Appraisal District:
(Place an "X" in the square next to the candidate of your choice.)
James Cumming
[ ]
[ ]
Lee Tipton
I further certify that a true and correct copy of the resolution casting such ballot is attached hereto.
WITNESS MY HAND this _ day of
, 1991.
Mayor
ATTEST:
City Secretary
RE!EST FOR CITY COUNCIL AGENIITEM
November 11, 1991
xx
Report
Resolution
Department:
Ordinance
Administration
Requested By:
J
Exhibits:
1. Proposal for Professional Services from the Accord Group, dated October
22, 1991.
2, Memorandum to Robert T. Herrera, dated August 14, 1991
3. Resolution 91-3, authorizing submission of a grant request to the Governor's
Criminal Justice Division, dated March 11, 1991.
SUMMARY Be RECOMMENDATION
During review of the proposed FY 91-92 budget Council was provided a memorandum
that summarized the MIS Steering Committee's progress on procurement of a Police
Information System and identified proposed funding sources of $263,000,
The memorandum stated that staff would be proceeding with Task 1 of a professional
services agreement with the Accord Group and would later return to Council for approval
and authorization to proceed with additional tasks.
Task 1, which has been completed, was authorized by separate letter dated August 30,
1991. This was done in order to complete the review and evaluation criteria so that the
RFP could be released, The RFP was issued on September 29, 1991 and responses
from interested vendors are due November 11, 1991.
Council's approval of the professional services agreement will provide for the Accord
Group's assistance through evaluation and contract negotiations with the successful
vendor.
This year's budget includes a funding level of $263,000. The committee hopes that this
amount can successfully cover both the professional services of the Accord Group and
cost associated with installation of a new Police and Municipal Court Systems. This
budget is extremely tight and one option that will be explored is a phased installation of
Municipal Court which could defer some expenses until next budget year and coincide
with the approximate time that court would move to the Police Administration Building.
Note:
The $263,000 does not include the cost of personnel associated with a grant received
by the Police Department. In March Council passed Resolution 91-03 approving the
submission of a grant for funding 80% of personnel costs for one year. When this person
is hired Council will need to increase the FY 91-92 budget by $8,500 to provide the City's
20% for additional personnel.
Action Required by Council:
Approve Professional Services Agreement with The Accord Group.
The estimated expenses of $11,100 for this agreement will come from budgeted funds
in the General Fund CIP.
Availability of Funds:
General Fund
XX Capital Improvement
Other (None required)
Account Number: 015-502-100-750
Water/Wastewater
General Revenue Sharing
Funds Available:
XX YES NO
A~ for City Council Aaenda
( T.~
\\ l to lttl
Robert T. Herrera
City Manager
DATE
THE ACCORD GROUP
TEL No.214-423-9420
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Nov 6.91 16:39 No.OOl P.02
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~CCO~
GRo\J~
Professionals Serving Management
in One Accord
November 6. 1991
Mr. John Joems
Alsistpt City MIIIlIF'
aty of La Porto
P.O. Box 1115
La Porto, TX 775n-UlS
Dear JoIm:
The purpoIO of this Jetter is to propoIO profClSloaal auIstaoec to tIao Oty of La Porto for so1ectiDs the atyt.
!lOW public safety and municipal murt systems. The asaiItaDcc is atnacturod to allow c:it)' staff to porfonn
moat of tho labor intoDSivc taW. The ACCORD GROUP wUI fuoClioD as a rcvicwa' and coordiDator of tho
aclectioll prOCC&l. Spedfic .,..eaee will amsiIt of the followloa tasb:
Talk 31 AaBWel' V'D'''' Quad...
While the voDdors arc prepariDg tIaoir proposals 1be A<X:ORD OROUP wD1 be available to aDIWCI' lAY
quostiou or issuc& that tho City aeecJs resolved. The Oty'1 Itaff wDI take the lead iD answcriog 'Velldor
quealiODl.
Task 3: ~I otVea'", Proposals
Oac:c the propo.ts aro rocoived our COIISuJtaats wiD uaist the Oty ill the aoalysIs. TbIa aaalyIis wiD be based
upon the cwdDatioll criteria cIo\dopcd ill Task 1. ~ City staff will UlDduc:t most of the aulyais. Refcrau:o
check Iista will be pnMdecI for tho City staff to U80 ill coadudiDs refereace cbecb OD each vcndor. When the
uaIyai5 ill complete a worlrabop will be coaducted to discuss wbidl vaadon should be asked to mue
pl'CIeDlIItioas/dcmoutratioas of their ')'Sloma. Bach veaclor fiDaIist should be given a day Dd a half of
dedicated time.
Task 4: Vcador PraeDtaUODl
DuriIIg this task our COII5Wtanta wD1 prepare aa ... for the veDdor prescutaliO~I. A (Oft.n....nt aDd dty
staff wID attend each wnclor prcacntatioD. Bxporioaco has shown that this keeps the veadors &om gl\'iDg a
"sales" prcICDtadoll and emphasb:ca the .real" c:apabUilica of the 1)'Btclm. After the last ~....tiOD a brief
worbhop with the seIcc:tioo team wiD be hclcl to decido which vendors wiD be ub4 to eooduet a visit to a
similar sized dty using their proposed systems.
2600 Avenue K. Suite 20S . Piano, Texas 15074 . (214) S7~
I II..... 1-I'\""vUI,oIJ U,,"UVI
I~~ ~U.~~~-~~~-~~~U
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NOV O.~l lO;~~ NO.UUl ~.Uj
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CIa, or La Porte
"'2
Tuk 5: Site VIaItI (Opdaaal)
The Oty will coordinate aDd IChcdulo tho lito _.., but The ACCORD GROUP will aCClODlpu)' tho c:ity
team members on l'iaita to citlca usias tho proposed ayatema. Tbo Dumber of \'&DIora d1 UDCIor
amslderatioD Ihould be two (~) or three (3). At the CDcl of tho lite visits. a diseull8ion will be hold to
dotcrmloe which 1CDdor &hould be 1'CCODUIlCDCIcd. If furt1acr discussloaa or iaaues need to be resolved the a
more formal workshop wiD be c:ooductcd.
Task 6: Veader RecoImallldatloa
0Dr.e the ae1ec:doD team has made a dcdsioa. rec:ommcodatioJu will be dcvoIopcd with input &om The
ACCORD GROUP tor proscatation to the aty Maup' aDd CouDc:iL Tbc MIS Committee will make tho
present.,1oo to the Coundl.
Talk 7: Coalrad NflClClatlOII
Once the vendor bas beeD selected, our consultants wiI be prepared to usist the at)' in aogotiatiDa a
coatract or CODtraet:a. &pericnce bas showa that a aI1lr8Ct which a1lowa a diCllt to be in CiOIltrol of ID
impJcmcntatioD Is most importaat. Prom other &IJDUar eqaacmeots ft hI\'D IBIDplc ClODtrada aDd
'91ificant cxperieDcc in negotiatiDs favorable terms aad coaditioDl.
............oul Feel aDd ~DII!II
Wo estimate our "Dot-to-exceed- profesdonal fees to provide dais assistance to the Oty of La Porte to be:
Profesdonal Fees ~ Task
Professioaal
Hours
Task 2:
Task 3:
Task 4:
Task 5 (Optional):
Tuk 6:
Tuk 7:
(Bstiaaatioo of 8-16 man-boon)
2-3
20-2:2
26
18-10
5-7
8-16
Total Professional Pcea.
~
Professional
Fees
$200-300
$2.(XXJ-2.200
S2.'OO
$1,800-2,000
$SOO-700
$800-1,(100
S7.900-9.400
elDeludea.tlmate4 houn for .....taDCC with DcptlatlDa coutradl. Actual tIlDe wiD be billed at actual.
Not-to-Bueed ~1IAe.I S1.4IOO-L700
('IbIs iDcIucIea expcDSeI for two vendor preaentatiODS
and ODe site visit trip; If more prescutatioos or
YisIts are Dccessary, the Cly wW be blUed for
actual cxpeasca.)
THE ACCORD GROUP
TEL No.214-423-9420
e
Nov 6.91 16:39 No.aOl P.04
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,
CIIJ or La POJte
Pqe3
Jobo, tJumt you for the CIpp01'bIDity to apID usIst tlac Oty. If you We aDY qUCltioDs plcao call me at (214)
518 - 0046. I wiU call)'Du am week to cUscuss this. If tills uslstanco II what)'OU aced p1caao .. aad rctW11
a copy to me.
Cordia1ly,
Ramood W. (Chip) CoBins
Priadpal
ACCBP'l'ED
T1ae ACCORD GROUP
CITY OF LA PORlB
Name:
Name:
Title:
Title:
Date:
Date:
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CITY OF LA PORTE
.
;
;
I
INTEROFFICE MEMORANDUM
DATE:
Robert T. Herrera, City Manager
John Joer'ASSis:ant city Manager
Chairmen MIS steering committee
,I
August 14, 1991
TO:
FROM:
SUBJECT:
Law Enforcement system
Proposed FY 91-92 Budget
with the hiring of the MIS Manager in July 1989 the MIS steering
Committee established priorities and began implementation of
recommendations contained in the MIS management study. Some of the
early priorities focused on hardware enhancements and achieving a
greater degree of stability in our MIS operations and establishing
PC hardware/software standards.
Another set of objectives for the MIS Committee was related to
installation of the latest revisions of the NCC software. The
major software systems identified for installation were:
. utility Billing (with meter reading devices) (Completed)
. Payroll
. Accounts Payable
. Purchasing
. Budgetary Accounting
. Human Resources
. Municipal Court
. Police Information System
The following is an overview of the committee's progress on
installation of NCC's latest revisions.
POLICE INFORMATION SYSTEMS
More specifically the recommendations regarding the Police
Information Systems were:
. Replace the NCC/HMS POSSE, plus system with NCC's
new police information system. If within the next
twelve months this system does not achieve the
Department's needs, replace it with a stand-alone,
dedicated system.
. Acquire a stand-alone computer aided dispatch system
for the Department. This system should be
microcomputer based and able to interact with NCC's
police system.
,.
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Memo to: Robert T. Herrera, City Manager
AUgust 14, 1991
Re: Law Enforcement System
.
(If needed, at the end of
replacement analysis should
determine the methodology to be
the Police computer system.
twelve months) a
be performed to
followed regarding
The MIS Committee discussed with NCC the installation of NCC's
new Police Information system. After demonstration of the
system the vendor was asked to investigate modifications of
the software to include more flexible report writing
capabilities. The vendor agreed to investigate, noting that
other clients had requested the same feature. After missing
several deadlines the committee recognized that the vendor
would not be able to meet the City's expectations. At that
point the city ended discussions with NCC regarding their
police information system. This action led the committee to
the next point in the management study, conduct a replacement
analysis and consider a stand alone system.
In the meantime the City applied for a grant to purchase a
Computer Aided Dispatch (CAD) system. This grant was approved
September 4, 1990. At that point the committee thought the
grant was inflexible and could only be used for Computer Aided
Dispatch (CAD) as described in the application.
Chief Powell visited with the Criminal Justice Division and
found that there was some flexibility in utilization of grant
funds. permission was given to apply the funds toward the
purchase of new Law Enforcement Software, as long as it
included a CAD.
Once this had been determined the MIS Committee moved forward
wi th the preparation of an RFP for an Integrated Computer
Aided Dispatch, Police Record and Court Management systems.
This RFP is essentially complete, if funding is authorized by
Council during FY '91-'92 budget sessions, the MIS Committee
will move forward with the following:
. retain consultant (Accord Group) to assist staff in
review of the RFP;
. issuance of the RFP and review proposals received;
. recommendation of vendor to Council;
. negotiate contract;
. purchase and installation of hardware/software
r
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Memo to: Robert T. Herrera, city Manager
August 14, 1991
Re: Law Enforcement System
The estimated cost for a stand alone Computer Aided
Dispatch/Law Enforcement/Municipal Court System is $ 263,000.
The attached exhibit "A""'outlines recommended revenue sources
for Council's consideration.
This budget is extremely tight and one option that will be
explored is a phased installation of Municipal Court which
could defer some expenses until next budget year and coincide
with the approximate time that court would move to the Police
Administration Building.
After review by Council and with their consensus, the MIS
Commi ttee will request authorization to retain the Accord
Group to perform task one of their proposed contract for
services. Staff would then return to Council for approval and
authorization of the remaining tasks described in the proposal
for services. .
INSTALLATION OF Nee SOFTWARE (LATEST REVISIONS)
The MIS Committee also discussed with NCC the installation of
latest revisions for the following systems:
. Payroll
. Accounts Payable
. Purchasing
. Budgetary Accounting
. Human Resources
NCC's first response had a estimated cost of $ 28,000 - $
30,000. The committee felt that this expense was hard to
justify when weighed against the benefits. Also, the
management study stated that the Data General platform was
nearing the end of it's productive life cycle (and that
replacement should be considered in the near future). When
informed of this NCC countered with an alternate proposal,
replacement of the Data General computer with a DEC platform
and new software. The estimated cost for converting to a new
hardware/software platform was approximately $270,000
$280,000.
The MIS committee recognized that there was already one
extremely ambitious project in process, consideration of a new
law enforcement system. with limited resources in both
personnel and funds available it was decided to defer the
reinstallation of NCC software and/or the conversion to a new
hardware/software platform to another budget year(s).
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Memo to: Robert T. Herrera, city Manager
August 14, 1991
Re: Law Enforcement System
The committee feels that this item can be deferred because of
the relative stability achieved in the last two years and
Larry Mabe' s continued assistance and efforts in improving our
MIS systems. This will result in extending the Data General
installation at least four years beyond the date of the
management study. It is very likely that next year the MIS
committee will recommend consideration of a new
hardware/software platform.
xc: Larry Mabe, MIS Manager
MIS Steering Committee
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Memo to: Robert T. Herrera, City Manager
August 14, 1991
Re: Law Enforcement system
Exhibit A
(FY 91 - 92 Budget)
Proposed Revenue Sources for Law Enforcement
Hardware/Software systems
Total
$ 65,500
$177,500
S 20.000
$263,000
Grant
Fund 015
Fund 025
- Criminal Justice Division
General Fund CIP
- Federal Revenue sharing
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RESOLUTION
91-03
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
LA PORTE. TEXAS, AUTHORIZING THE SUBMISSION OF A GRANT
REQUEST TO THE GOVERNORI~ CRIMINAL JUSTICE DIVISION FOR
FUNDING TO THE CITY OF LA PORTE. TEXAS, FOR A PROGRAM
KNOWN AS INFORMATION SYSTEMS/COMPUTER AIDED DISPATCH.
WHEREAS, THE CITY COUNCIL OF THE CITY OF La Porte, Texas, have
the moral obligation to the citizens and taxpayers of the City of
La Porte, Texas, to ensure that the criminal justice system
operates in the most efficient and coordinated way possible; and
WHEREAS, the Council is aware that there are limited special
services available to or provided to the victims of all crimes;
and
WHEREAS, the Council feels that the addition of the program
known as Information Systems/Computer Aided Dispatch will
materially enhance the administration of justice in the City of
La Porte, Texas, for all crime victims; and
WHEREAS, the opportunity exists to fund vital parts of this
program through the Office of the Governor of the State of Texas,
Criminal Justice Division;
(,
\
HOW, THEREFORE BE IT RESOLVED, by the Council of the City of
La Porte, Texas, that the city submit a grant request to the Office
of the Governor of Texas, Criminal Justice Division, to assist in
the funding of the program of Information Systems/ Computer Aided
Dispatch.
PASSED AND APPROVED, this 11th day of March
1991.
I(bO:~~~.
A~'&d-
city Secretary
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REOUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
November 11. 1991
Requested By:
stan Sherwood
Department:
Parks & Rec
x
Report
Resolution
Ordinance
Exhibits:
Letter from Mr. Rick Hollington, Architect, regarding the
installation of sky lights in the gymnasium at the La Porte
Recreational Center.
SUMMARY , RECOMMENDATION
Attached is a letter from Ray and Hollington, Architect, regarding
proposed change orders for the La Porte Recreation Center. These
change orders amount to $38,404.58. The current contingency fund
of $104,513.00 would be reduced to $66,108.42, if these change
orders are approved as recommended.
There is one major scope revision under consideration at this time.
This item is to accept alternative #3 which is for the addition of
skylights in the gymnasium. Alternate #3 was listed in the
original bid from Marcus Thomas Construction at a cost of
$35,500.00. Thomas Construction has given the City until November
15, 1991 to decide to accept or reject the alternative #3. The
additional $2,904.00 in revisions are detailed in the first page
of the attached exhibit. Please reference this document.
Staff is confident that these skylights would add significantly to
the quality of lighting in the gymnasium. There would be an energy
savings by using only natural lighting during the day. (See
attached photo that was taken using only natural light).
with all demolition complete and the underslab roughed-in, as well
as a majority of the contractors submittals (54) reviewed, it is
the recommendation of the architect and staff, that the total of
$35,500.00 be added to the contract for skylights.
Action Required by Council:
Approve staff recommendations for changes that amount to
$38,404.58. ($2,904.58 (see eXhibit)/ $35,500.00 skylights)
Availability of Funds:
General Fund
capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
Funds Available:
YES
NO
ApDr9ved for city Council Aaenda
6(o.\~ ~ ~
Robert T. Herrera
city Manager
111,,/4\
Date
HOV- 6-91 WED 16:83 RAY ASSOCXATES
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RAY j~ HOWNGlON
~rshitects
6 November 1991
Mr. Stan Sherwood, Director
Parks & Recreation
City of La Porte
604 West Fairmont Parkway
La Porte, Texas 77m
Dear Stan:
P_82
This letter is to update and summarize the current status of contingency
funds for the Recreation Center. To date, no changes to the construction
contract amount have formally been approved, however, several items
are under consideration. These items include:
A. PROPOSAL REQUESTS
01 Flooring Finish revisions Deduct
04 Revise sprinkler line
to 6" piping Add
05 Pal'titions to deck @ weight
& aerobics roOtn, EFS @ canopy,
HC toilet revisions, relocate
existing x-bracing Add
07 Brick selection allowance
correction ($21/1000 x 391000) Deduct
($2,070.00)
$1,645.92
$2,811.90
($819.00)
Proposal Request Subtotal Add
$1,568.82
B. Construction Change Directive -
modify existing concrete tie beams Add
C Supplemental instructions -
door &: hardware clarifications
(estimated) Add
$835.76
$500.00
Total Changes Add
$21904.58
Ray&Hulli1l(JIMkchiIOCts .2412 &,l.,over Suile357 · HoU$tolt. Tt'.rtJ.~ 77005' Thlr:phunB 718/,<i24.6131
NOY- 6-~1 WED 16:83 RAY ASSOCXATES
P.83
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Page 2
My understanding is that the City budget includes a contingency fund of
$104,513. If the above revisions are deducted a contingency fund of
$101,608.42 remains.
TWO major scope revisions are also under consideration. One would
increase the parking area at the north of the properly by incorporating a
portion of the recently purchased adjacent property. Thi5 addition will
result in :I: 16 additional parking spaces and provide future linkage to the
adjacent property. The preliminary cost submitted by the Contractor for
this work is $16,625.00. This number seems high and is being reviewed at
this time.
The second item is the skylights in the gymnasium portion of the new
construction. This was bid as an alternate and the cost is $35,500.00. The
ety has an option to accept this alternate prior to 15 November 1991.
Adding these two itemS to the scope of the work would further redu.ce
the contingency by a maximum of $52,125.00 thus leaving at least
$49,483.42 remaining in the fund. The current state of progress of the
construction is such that I do not anticipate any further unforeseen
existing conditions being discovered - demolition is complete, underslab
rough..in work .Is com.plete. Also a great majority of the contractor
submittals have already been reviewed (54 submittals have been
revlewed) including the major structural, mechanical & electrical items
with no significant conflicts noted. This status provides me with a level
of comfort proceeding into the remainder of the work that I can
recommend that the two items above be added to the work. The
remaining $50,OOO:i: contingency should be more than ample to cover any
further unforeseen coordination items or minor scope changes in the
work,
Sincerely,
tf .~
R1Ch~gton IT, AlA
RPH:lns
cc: Mr. Phil Hoza
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Houstons First Baptist Church
Christian Life Center
Skylight Daylighting
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REQUEST FOR CITY COUNCIL AGENDA ITEM
=================================================================
Requested By:
Jo
rns
Department: Administration
Agenda Date Request
November 11. 1991
x
Report
esolution
Ordinance
Exhibits: 1. Letter of Recommendation from Planning & Zoning
Commission Chairman to City Council.
2. Report containing Commission
regarding Zoning Amendments.
recommendations
=================================================================
SUMMARY & RECOMMENDATION
Summary: The Planning & Zoning Commission has completed the
1991 Annual Review of Zoning Ordinance 1501. The Commission's
recommendations are contained in the attached report. A City
Council Public Hearing must be held prior to adopting any of
these proposals. The purpose of this workshop meeting is to
allow the Council to become familiar with the Commission's
recommendations prior to presenting them in Public Hearing.
Staff will also request Council to set a Public Hearing date for
formal consideration of the Commission's recommendations.
Recommendation:
Set a Public Hearing date of December 9, 1991.
Action Required by Council: Discuss the Planning & Zoning
Commission's recommendations for rezoning and zoning ordinance
amendments. Set Public Hearing date.
----------------------------------------------------------------
----------------------------------------------------------------
Availability of Funds: N/A
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
Approved for City Council Agenda:
6(1~
Robert T. Herrera
Funds Available:
Yes
No
11 J ~ I ct.f
Date
=================================================================
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CITY OF .A PORTE
PHONE (713) 471.5020 . P.o Box 1115 . LA PORTE. TEXAS 77571
October 29, 1991
Honorable Mayor Malone and City Council
City of La Porte
RE: 1991 Annual Zoning Ordinance Review
Dear Mayor Malone,
The Planning and Zoning Commission, over the last several
months has conducted a review of Zoning Ordinance 1501. On
October 17, 1991, the Commission held the required public hearing
for the purpose of taking additional citizen input regarding the
ordinance amendments and zone changes proposed during the course
of the review.
After closing the public hearing, the Commission by
unanimous vote, recommended a rezoning from Neighborhood
Commercial to General Commercial for the following properties:
La Porte outlots 241; 261; 280; Tract 260-A out of Outlot 260.
Also included as part of the recommended rezoning are the
following properties in the Pine Grove Valley subdivision: Lts
1-5; 34-37; Blk 1: Lts 1-5; 34-37; Blk 2: Lts 1-5; 34-37; Blk
3: Lts 1-5; Blk 4. The attached report discusses these
properties in greater detail.
The Commission also, by a vote of four to one (with one
abstention) recommended amendments to Zoning Ordinance Articles
three, four, five, six, ten and eleven. The amendments proposed
for each article are detailed in the attached report.
Respectfully submitted,
~~~
Inge Browder, Chairman,
Planning & Zoning Commission
attachments
cc: Robert T. Herrera, City Manager
Knox Askins, City Attorney
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1991 ANNUAL ZONING ORDINANCE REVIEW
PLANNING & ZONING ORDINANCE REVIEW
INTRODUCTION
The Planning & Zoning Commission has, over the course of
several meetings, conducted a review of Zoning Ordinance 1501.
This was the annual review mandated by Section 11-504 of the
Zoning Ordinance. On October 17, 1991 the Commission held the
required Public Hearing for the purpose of taking additional
citizen input regarding the ordinance amendments and rezonings
proposed during the review.
After the close of the public hearing, the Commission voted
to recommend that City Council approve these ordinance amendments
as well as the rezoning of property located along the west side
of 26th Street (Sens Road). The Commission's specific
recommendations are contained in the following report.
City Council, in this second phase of the review process is
asked to consider the Commission's recommendations. Council will
then schedule a second public hearing to allow citizen comment on
the proposals. Following the public hearing, Council will have
the opportunity to adopt the Commission's recommendations. This
is done by adopting an ordinance which amends Zoning Ordinance
1501.
The Council has the option to either approve or reject each
of the Commission's recommendations. Should a proposed amendment
be rejected, it becomes a dead issue unless the Council refers it
back to the Commission for further consideration.
26th Street:
There are presently, two Neighborhood Commercial (N.C.)
Zones located along the west side of 26th Street (Sens Road.)
These zones occupy an area located between North "H" Street and
the northern boundary of the Pine Grove Valley Subdivision. The
Pecan Villa Mobile Home Park (M. H. Zone) separates the two N. C.
zones (See Exhibit A).
The Commission is proposing to rezone these areas
Neighborhood Commercial to General Commercial. The
descriptions of the tracts being considered are as follows:
from
legal
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From Neighborhood Commercial (N. C.) to General Commercial
(G. C.): La Porte Outlots 241; 261; 280; Tr. 260A out of
Outlot 260
Lots 1-5; 34-37; Block 1; Pine Grove Valley
Lots 1-5; 34-37; Block 2; Pine Grove Valley
Lots 1-5; 34-37; Block 3; Pine Grove Valley
Lots 1-5; Block 4; Pine Grove Valley
This rezoning has been proposed in response to the concern
that Neighborhood Commercial is not the most viable zoning
designation for these tracts. There are, as illustrated by
Exhibit A, relatively large and undeveloped G. C. zones located
to both the north and south of the N. C. tracts. Due to the
broader ranges of uses allowed in G. C. zones, the N. C. property
is, by comparison, not as attractive for development. The
rezoning is a way to rectify this inequity.
PROPOSED ORDINANCE AMENDMENTS
ARTICLE FOUR:
PROPOSAL: Section 4-400.1, Zoning of Annexed Property: All
territory annexed hereafter to the City of La Porte shall be
temporarily classified as R-1 Low Density residential, only until
permanently zoned by the La Porte City Council. Immediately
after the- annexation of any territory to the City of La Porte,
the City Planning and Zoning Commission shall commence any action
necessary to recommend to the City Council a permanent zoning
classification. The procedure for making permanent such
classifications shall be the same as is provided by law for the
adoption of the original zoning regulations, and shall take place
within one hundred eighty (180) days from the date of annexation.
COMMENTARY: The above paragraph presently reads "all property
annexed hereafter... may be temporarily classified as R-l, Low
Density Residential...."
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The word "may" allows property to be annexed into the City
without any zoning classification. This can lead to confusion as
well as a variety of complications, legal and otherwise.
Substituting the word "shall" will eliminate this problem and
satisfy the Zoning Ordinance's intent that newly annexed property
be held in the City's most restrictive zoning classification
until permanent zoning is assigned.
ARTICLE FIVE:
PROPOSAL: Section 5-700. Table B-Residential (5-701 footnote
#3): The minimum setback adjacent to any utility easement
located in a rear yard, shall be three feet (3'). No oortion of
any buildinq includinq oroiections of any nature shall encroach
into any utility easement or vertical orojection of the easement
boundary.
COMMENTARY: The above footnote presently reads "the mInImum
setback adjacent to any utility easement shall be three feet
(3')." The intent of this footnote is to preserve a minimum
setback between structures and the utility easements commonly
located in rear yards. There are additionally in the side yards
of certain lots, smaller utility easements. Due to the width of
the typical lots involved, it has often been necessary for the
Board of Adjustment to grant setback relief so that these lots
could be developed as homesites. This amendment would allow
greater flexibility in developing these lots while still
providing protection against encroachments into Utility
Easements.
Section
Residential.
5-800
Soecial
Use Performance
Standards
PROPOSAL:
A. Landscape Buffers [Required screening]:
1) A landscape buffer planted with grass or evergreen
ground cover and also planted with trees shall be
provided. No buildings or refuse containers shall
be placed in such areas.
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2) Standards
a. Minimum width of planting strip - four feet
( 4 ' ) .
b. A planting plan specifying the location and
species of trees to be planted as well as the
type of grass or ground cover to be utilized
shall be submitted for approval of the
Director of Community Development or his duly
authorized representative.
COMMENTARY: Section 5-800 presently requires a solid landscape
screen to completely block parking lots from the view of
neighboring residential zones. A solid screen which results in a
secluded parking lot would cause obvious safety and security
problems. Landscape buffers, as proposed would soften the visual
impact of parking lots on adjoining residential zones while still
providing a high enough degree of visibility to increase safety
for lot users.
ARTICLE SIX:
PROPOSAL:
CR
ZONE
NC
GC
Uses (SIC Code #)
Antique and Used Merchandise Stores
(5932)
P
P
Arrangement for Shipping and Transport
(473)
*
P(I)
Dog Grooming
*
P(H)
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6-600 Soecial Use Performance Standards:
H. There shall be no overnight boarding of animals. All
areas used for holding animals shall be located within
the same building in which grooming activities take
place.
I. These facilities shall be limited to office activities
only. No warehousing or handling of freight shall take
place at these facilities. No trucks, other than light
trucks (as defined by this Ordinance) shall be allowed
on premises occupied by these facilities.
COMMENTARY: Antique and used merchandise stores (SIC 492) are
presently "Permitted" General Commercial Uses. This amendment
would also cause them to be "Permitted" in Neighborhood
Commercial Zones. This amendment was originally put forward in
conjunction with the proposed Main Street rezoning.
Arrangement for Shipping and Transport (SIC 473) is
currently listed as a "Permitted" General Commercial activity.
The activities included in this listing are intended (by the
City) to be limited to office uses only. In practice however,
the brokers and shippfng agents who've set up offices in La Porte
have often had heavy trucks parking at their facilities. It has
been difficult to prosecute this as an ordinance violation
because of ambiguity in the present Zoning Ordinance listing.
The proposed amendment would change SIC 473 to a "Permitted with
Conditions" listing. The Performance Standard which would also
be adopted clearly prohibits heavy trucks from parking at office
locations.
Dog Grooming is proposed as a new listing that would be
classified as "Permitted with Conditions." The Performance
Standard proposed in conjunction with the listing sets standards
to prevent a grooming shop from also functioning as a boarding
kennel.
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ARTICLE TEN:
Section 10-300.5 - Accessory Buildina. Uses and Eauioment.
PROPOSAL: (Second paragraph) Large Lot Residential Only:
Accessory buildings in Single Family Residential Large Lots may
not exceed two thousand (2,000) square feet of floor area.
Accessory buildinas with a floor area in excess of one thousand
(1.000) sauare feet must be located at least thirty (30) feet
from any property line and thirty (30) feet behind the rear of
the primary structure.
COMMENTARY: The proposed amendment noted above is intended to
clarify rather than change present ordinance requirements.
Residential accessory buildings of up to 1,000 square feet must
be located at least three feet from any side or rear property
line. A residential accessory building may only exceed 1,000
square feet if it is located on a homesite of an acre or more in
size. The wording change proposed for this paragraph simply
states in clearer fashion that only the larger (over 1,000 square
feet) accessory buildings are subject to the more stringent
setbacks.
Section 10-304 Swimmina Pools. seas and hot tubs.
PROPOSAL:
2. Fences: Swimming pools, spas, and hot tubs shall be
enclosed with a fence at least four feet (4') in height. Fences
shall comply with all requirements of the currently adoQted
edition of the Standard Swimmina Pool Code eublished by the
Southern Building Code Conaress International...
Page 7
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COMMENTARY: This paragraph deals with swimming pool fencing
requirements and references the "requirements of City of La Porte
Ordinance #1059. Ordinance #1059 which adopted an earlier
edition of the Standard Swimming Pool Code was in effect at the
time of the Zoning Ordinance's adoption. The City has
sUbsequently adopted a more recent edition of the swimming pool
code. As this adopted code will likely be updated again as new
codes are developed, adopting the proposed language would
eliminate the need for future code related updates of this
section.
Section 10-401 Yard Requirements
PROPOSAL:
Front and
detached
following
a.
b.
c.
4. Front and Sidevard Caroorts: (New Section)
sideyard carports shall be permitted for single family
and single family large lot homes subject to the
requirements:
Carports in a required front or sideyard shall not be
located closer than five (5) feet from any front or
side property line.
Carports located on corner lots shall not be located
closer than twenty five (25) feet from an intersection.
This distance shall be measured from the intersection
of property lines common with street right-of-way
lines. (This in accordance with the provisions of
Section 10-605, figure 10-2).
The maximum width of a carport located in a required
front or side yard shall be twenty five (25) feet.
[This matches the maximum allowable width of a
residential drivewayJ.
COMMENTARY: If the Commission should choose to recommend
adoption of this provision there are two other related amendments
which should be considered. The first is a new definition which
would be located in Section 3-100.
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PROPOSAL: Carport: a roofed structure, free-standing or
attached to another structure designed to provide covered parking
for vehicles. A carport shall have no enclosing walls. A
structure shall not be considered to be a carport unless it is
located directly over a driveway.
COMMENTARY: This definition would simply define the term
carport so that carports could be differentiated from other types
of structures. The second related amendment would be a wording
change to Section 10-301.1. The second paragraph of this
section, which deals with detached garages and carports,
presently reads:
A detached private garage, or carport, as
defined, may be permitted in side yards,
provided: (1) they comply with all the
requirements of this section; (2) they
shall be five feet (5') or more from side lot
lines; and (3) the side yard does not abut
a street right-of-way.
PROPOSAL: The first sentence of this paragraph should be amended
to omit the word carport. This would prevent a conflict with the
carport provisions proposed for Section 10-401.4. As amended the
sentence would read "A detached private garage, as defined, may
be permitted in side yards, provided..."
PROPOSAL: Section 10-500 General Fencinq and Landscaping
Requirements: 10-507.2. Fences in commercial and industrial
zones which are primarily erected as a security measure may have
areas projecting into the applicant's property on which barbed
wire can be fastened commencing at a point at least seven feet
(7') above the ground, and such fence shall not be erected within
the required landscaped portion of any yard or the front yard
setback of any commercial or industrial establishment.
COMMENTARY: Presently, fencing requirements for commercial
establishments are not clearly stated. The amendment proposed
for the preceding paragraph would help establish clear
requirements that are in line with existing fencing requirements
for other use zones.
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Section 10-1000. Siqn Requlations
RESIDENTIAL, COMMERCIAL & INDUSTRIAL SIGN TABLES B
Footnotes:
PROPOSAL: No portion of any free standing public service or
advertising sign shall encroach into any utility easements.
COMMENTARY: This is a new footnote which would be added to all
three sign tables in Section 10-1000. Adopting this amendment
would cause signs to be treated the same as any other type of
structure in regards to utility easements. Keeping signs out of
easements would help maintain the easements as clear corridors
for underground and overhead utility lines.
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EXHIBlT A
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~ST FOR CITY COUNCIL AGEN~
Agenda Date Requested:
XXX Report
November 11. 1991
Gillett ~~epartment'
Resolution
Requested By: steve
Public Works
Ordinance
Exhibits: 1. Sealed Bid
Industrial Tractor; 0454
Loader/Refuse Truck. 2.
Superintendent.
Recaps #0452 - Excavating Machine; 0453 -
- Dump Trucks; 0455 - Brush Chipper; 0456 - Rear
Recommendation memorandum from Equipment Services
SUMMARY & RECOMMENDATION
Advertised, sealed bids #0452,0453,0454,0455, and 0456 for various
vehicles/equipment were opened and read on September 28, 1991.
Low bid meeting specifications for #0452 - Excavating Machine was submitted
by Hi-Way Equipment in the amount of $118,696.25. Funds in the amount of
$120,000.00 were budgeted in the Motor Pool Replacement Fund for this
purchase.
Low bid meeting specifications for #0453 Item 1. - Industrial Tractor was
submitted by Brookside Equipment in the amount of $14,066.26. Funds in the
amount of $14,000.00 were budgeted in the Motor Pool Replacement Fund for
this purchase. This item is over budget by $66.26.
Low bid meeting specification for #0453 Item 2. - Flex Wing Mower was
submitted by Lansdowne-Moody in the amount of $8,838.00. Funds in the
amount of $11,000.00 were budgeted in the Motor Pool Replacement Fund for
this purchase.
Low bid meeting specifications for #0454 - Dump Truck was submitted by
Knapp Chevrolet in the amount of $37,559.00 each. Three trucks will be
awarded for a total amount of $112,677.00. Funds in the amount of
$120,000.00 were budgeted for the purchase of three dump trucks in the
Motor Pool Replacement Fund.
Low bid meeting specifications for #0455 - Brush Chipper was submitted by
Poston Equipment Sales in the amount of $17,220.00. Funds in the amount of
$20,225.00 were budgeted in the FY 91-92 Solid Waste Operating Budget for
this purchase.
Low bid meeting specifications for #0456 - Rear Loader/Refuse Truck was
submitted by TMI Equipment Co. in the amount of $76,177.42. Funds in the
amount of $90,000.00 were budgeted in the Motor Pool Replacement Fund for
this purchase.
Staff recommends award of low bid meeting specifications as stated above.
Staff requests authorization to fund the over budget amount of $66.26 from
the Motor Pool Replacement Fund. Total expenditure for these items would
be $ 347 , -674 . ~3 .
3if']/14/.19'
Action Required by Council: Award bid for equipment as recommended above.
Authorize expenditure of $66.26 from Motor Pool Replacement Fund for over
budget bid on Industrial Tractor.
Availability of Funds:
XXX General Fund
Capital Improvement
___~~~Other Motor Pool Replacement Fund
Water/Wastewater
General Revenue Sharing
Account Number: Various Acct Numbers
Funds Available:
XX YES
NO
Approved for City Council Agenda
~kJ l\ ~
Robert T. Herrera
City Manager
lIll/a(
DATE
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CITY OF LA PORTE
INTER-DEPARTMENTAL MEMORANDUM
November 6, 1991
TO:
steve Gillett, Public Works Director
Rick Stewar~EqUipment Services Superintendent
FROM:
SUBJECT:
Evaluation/Recommendation on
Equipment Specifications
The following are my recommendations for bid award on the FY'92
equipment specifications. In cases where I recommended a vendor
other than the low bidder, I have provided the rationale for my
recommendation.
BID #0452 - Excavating Machine
It is my recommendation that the city accept the low bid from Hi-
Way Equipment Company. This was the lowest technically responsive
bid.
BID #0453 - Items 1 and 2
Item #1 - Industrial Tractor
It 1S my recommendation
Brookside Equipment.
specifications.
that the city accept the
This bidder met or
low bid
exceeded
from
all
Item #2 - Flexwing Mower
It is my recommendation that the city accept the second lowest bid
from Lansdowne Moody for the Rhino mower. This was the lowest
technically responsive bid.
The low bid, also from Lansdowne Moody, did not comply
with paragraph 2b of the specifications. The requirement in
this paragraph mandated use of 7 gauge steel and the unit bid
only had 10 gauge. The thinner metal has proven to be
totally inadequate. The life expectancy will be shorter and
historically the maintenance required due to the thinner
metal has been extremely high.
BID #0454 - Dump Trucks
It is my recommendation that the city accept the low bid from Knapp
Chevrolet. This bid was technically responsive in all areas except
paragraph 7. The requirement in this line item was
for polyurethane enamel and the vendor bid the unit with acrylic
enamel with clear coat which is equal 1n quality to the
specification.
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BID #0455 - Chipper
It is my recommendation that the city accept the low bid from
Poston Equipment Sales. The low bid did not meet the
requirements of paragraph 3g.
Paragraph 3g required the unit to have a telescoping drawbar
which would allow the unit to be pulled behind large trash
trucks with rear overhang. The unit bid does not have a
telescoping drawbar, but the vendor stated that he would
provide a tongue/drawbar extension which will serve the same
purpose.
Since the non compliant area will have little or no impact on the
chipper operation or maintenance, my recommendation is to award
the bid to the low bidder.
BID #0456 - Rear Loader/Refuse Truck
I recommend that the city award the bid to the third low bidder,
TMI. This was the lowest most "technically responsive" bid.
The low bid from TMI did not meet the requirements of
paragraphs 2a and 4a. Paragraph 2a requires that the engine
horsepower be a minimum of 240 and the low bid was for a 215
HP engine. The HP rating is extremely critical due to the
weight of the unit when loaded. The weaker engine would slow
refuse collection and would require heavy maintenance due to
its inadequacy. Paragraph 4a requires that the axle ratings
be 18,000 Ibs for the front and 42,000 Ibs for the rear. The
unit bid had a 14,600 Ib front and a 40,000 Ib rear axle
rating. These lower ratings will have a negative impact on
the ability of the unit to carry the heavy loads encountered
in refuse collection. If the axles are required
to carry loads that constantly tax their capacity, frequent
breakage and high maintenance costs will result.
The second lowest bid from Waste Systems did not meet the
requirements of paragraph 6f. Paragraph 6f requires that the
minimum body weight be 14,000 Ibs and the second low bid was
for a unit that weighed 12,575 Ibs. This requirement in the
specifications was intended to compel vendors to bid packer
bodies that were well constructed and of the proper grade, hi-
tensile steel. The more durable steel weighs considerably
more and will provide an extended service life. This
requirement should be considered very critical to the
longevity of the unit.
If you have any questions concerning my recommendations, please
advise.
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Excavating Machine
Bid II 0452
Hi-Way AIS
Equipment Continenta
Excavating Machine 118,696.25 138,595.00
Delivery ARO 2 Days 90-120
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BROOKSIDE LANSDOWNE
EQUIPMENT MOODY
INDUSTRIAL TRACTOR &
FLEX WING MOWER
BID /I 0453
INDUSTRIAL TRACTOR
14,066.26 14,859.00
FLEX WING MOWER
9,346.40
7,799.00
ALAMO
15 X 4
8,838.00
RHINO MAG
15
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DUMP TRUCK
BID II 0454 KNAPP WHITE / LAROCHE
CHEVROLET GMC CHEVROLET
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DUMP TRUCK 37,559.00 38,594.00 39,695.00
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BRUSH CHIPPER
POSTON VERMEER CAPROCH
BID II 0455 EQUIPMENT EQUIPMENT VERMEER
C::AT1<'C::
BRUSH CHIPPER 17,220.00 17,600.00 19,988.00
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REAR LOADER / , , , ,
REFUSE TRUCK
BID iF 0456 ,
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TMI WASTE TMI WASTE TMI TEXAS
\ EQUIPMENT SYSTEM EQUIPMENT SYSTEMS EQUIPMENT MUNICIPAL
EQUIPMENT EQUIPMENT TRUCK
REAR LOADER / t<":"'I/S": 72,7-44.06 76,031. 00 76,177.42 77,056.00 77.469.65 77 506.00
HElL 5000 LEACH BETA HEIL 5000 LEACH 2-RI HEIL 5000 PAK MOR
GMC TOPKICK FORD LNT s8~ LNT ~8BB LNT WHITE WG64 WHITE
8000 VOLVO
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