HomeMy WebLinkAbout1993-12-13 Regular Meeting
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AGENDA
REGULAR MEETING OF LA PORTE CITY COUNCIL TO BE HELD DECEMBER 13,
1993, IN THE COUNCIL CHAMBERS OF THE CITY HALL, 604 WEST FAIRMONT
PARKWAY, LA PORTE, TEXAS, BEGINNING AT 6:00 P.M.
Next Ord. 93-1952
Next R~s. 93-17
1. CALL TO ORDER
2. INVOCATION BY CITY ATTORNEY KNOX ASKINS
3. CONSIDER APPROVING MINUTES OF PUBLIC HEARING AND SPECIAL
CALLED REGULAR MEETING NOVEMBER 29, 1993
4. CONSIDER APPROVING MINUTES OF PUBLIC HEARING NOVEMBER 30,
1993
5. PRESENTATION TO "EMPLOYEE OF THE QUARTER" FOR JULY,
AUGUST AND SEPTEMBER 1993
6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX
PAYERS WISHING TO ADDRESS COUNCIL
7. CONSIDER APPROVING ORDINANCES AUTHORIZING THE CLOSURE AND
SALE OF REQUESTED STREET AND ALLEY FOR ANTHONY CRANE
RENTAL OF TEXAS. - (Ord. 93-1952 & 93-1953) - C.
HARRINGTON
8. CONSIDER APPROVING ORDINANCES AUTHORIZING THE CLOSURE AND
SALE OF REQUESTED STREET AND ALLEY FOR HIGHWAY TRANSPORT,
INC. (Ord. 93-1954 & 93-1955) - C. HARRINGTON
9. CONSIDER APPROVING AN ORDINANCE TO ABANDON UTILITY
EASEMENT ON UNDERWOOD ROAD. (Ord. 93-1956) - C.
HARRINGTON.
10. CONSIDER APPROVING ORDINANCE AUTHORIZING THE CITY MANAGER
TO EXECUTE A TWENTY YEAR LEASE WITH D.E. AVIATION, FOR
OPERATIONS AT THE LA PORTE MUNICIPAL AIRPORT. - (Ord. 93-
1957) - S. GILLETT
11. CONSIDER APPROVING ORDINANCE AWARDING CONTRACT FOR
CONSTRUCTION OF LIFT STATION 30 TO TRI-TEX CONSTRUCTION.
- (Ord. 93-1958) - S. GILLETT
12. CONSIDER APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND LA PORT CHAPTER, BAY AREA HABITAT FOR
HUMANITY, CONCERNING PROPERTY IN BLOCK 128, TOWN OF LA PORTE,
HARRIS COUNTY, TEXAS. - (Ord. 93-1959) - R. Herrera
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13. CONSIDER APPROVING AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT FOR DEMOLITION OF SIX
CONDEMNED STRUCTURES TO DANIEL'S TRUCK HAULING. - (Ord.
93-1~) - C. HARRINGTON.
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14. CONSIDER AUTHORIZING DIRECTOR OF FINANCE TO AMEND VARIOUS
OPERATING BUDGETS. - L. STUBBS
15. CONSENT AGENDA:
A. CONSIDER AWARDING ANNUAL CONTRACT FOR METER TESTING TO
PSA, INC. - S. GILLETT
B. CONSIDER AWARDING CONTRACT FOR AUTOMOTIVE PARTS TO
LINDALE FOR NEW PARTS, SECTION ONE (1), AND TO ASR
FOR REBUILT ELECTRICAL COMPONENTS, SECTION TWO (2)
- S. GILLETT
C. CONSIDER AWARDING BID FOR AIR CONDITIONING MAINTENANCE
AND REPAIR CONTRACT TO BAY REFRIGERATION - L. RIGBY
D. CONSIDER AWARDING BID FOR RENOVATION OF THE ROOF AT
EVELYN KENNEDY CIVIC CENTER TO CONTINENTAL CONTRACTORS.
- B. JACOBS
16. ADMINISTRATIVE REPORTS
A. PLANNING AND ZONING COMMISSION - VACANCY
17. COUNCIL ACTION
18. EXECUTIVE SESSION - V .A.T. S. - ARTICLES 6252-17, SECTION 2 (E) ,
(F), (G), (R), - (LEGAL, LAND ACQUISITION, PERSONNEL, AND
CONFERENCES(S) WITH EMPLOYEE(S) TO RECEIVE INFORMATION)
A. SECTION 2(E) - (LEGAL)
RECEIVE REPORT FROM LEGAL COUNSEL ON PENDING LAW SUITeS)
B. SECTION 2(F) - (LAND ACQUISITION)
MEET WITH CITY ATTORNEY AND CITY MANAGER REGARDING LAND
ACQUISITION(S)
19. ADJOURNMENT
If during the course of the meeting covered by this agenda the
Council should determine that a closed or executive meeting or
session of the Council should be held or is required in relation to
an item noticed in this agenda, then such closed or executi ve
meeting or session as authorized by TEX. REV. CIV. STAT. ANN. Art.
6252-17(a) (Open Meetings Act) will be held by the Council at that
date, hour and place given in the meeting notice or as soon after
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the commencement of the meeting covered by the meeting notice as
the Council may conveniently meet in such closed or executive
meeting or session concerning any and all subjects and for any and
all purposes pend tted by section 2 (c) through section 2(r),
inclusive of said Open Meetings Law, including, but not limited to:
section 2(d) - For the purpose of excluding witness or witnesses
from a hearing during examination of another
witness.
section 2(e) - For the purpose of a private consultation with the
Council's attorney on any or all subjects or
matters authorized by law.
section 2(f) - For the purpose of discussing the purchase,
exchange, lease or value of real property and
negotiated contracts for prospective gifts or
donations.
section 2(g) - For the purpose of considering the appointment,
employment evaluation, reassignment, duties,
discipline or dismissal of a public officer or
employee or to hear complaints or charges against a
public officer or employee.
section 2(j) - To consider the deployment, or specific occasions
for implementation, of security personnel or
devices.
section 2(r) - For the purpose of conferring with an employee or
employees of the city, for the sole purpose of
receiving information from the employee or
employees or to ask questions of the employee or
employees; provided, however, that no discussion of
public business or city policy that affects public
business shall take place between the members of
the City Council during the conference.
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MINUTES OF THE REGULAR MEETING OF
LA PORTE CITY COUNCIL
DECEMBER 13, 1993
1. The meeting was called to order by Mayor Pro Tem Jerry Clarke
at 6:00 P.M.
~embers of citv Council Present: Mayor Pro Tem Jerry Clarke,
councilpersons Guy Sutherland, Mike Cooper, Bob Thrower, Bob
McLaughlin, Alton Porter, Deotis Gay and Jack Maxwell
Members of citv Council Absent: Mayor Norman Malone
Members of citv Staff Present: City Manager Robert T.
Herrera, Assistant City Manager John Joerns, City Attorney
Knox ASkins, City Secretary Sue Lenes, Director of
Administrative Services Louis Rigby, Planning Director Chuck
Harrington, Director of Public Works Steve Gillett, Director
Parks and Recreation Buddy Jacobs, Director of Finance Jeff
Litchfield, Finance Office Linda Stubbs, Police Chief Bobby
Powell, Assistant to the City Secretary Cathy DeArmond, Human
Resources Coordinator Kim Meismer and Human Resources
Secretary Sandra Kincaid
Others Present: Attorney Barry Abrams, Mr. Grant
representing Anthony Crane, Representing Highway Transport,
Area Manager Mr. Chuck Eiler and Attorney Darrell Thomas,
several citizens and students from area schools.
2. The invocation was given by City Attorney Knox Askins
3. Council considered approving minutes of the Public Hearing and
Special Called Regular Meeting November 29, 1993.
Motion was made bv Councilnerson Maxwell to aunrove the
November 29 minutes as nresented. Second by Councilperson
McLaughlin. The motion carried, 6 ayes and 0 nays and 1
abstain.
(Councilperson Alton Porter was away from council table)
Ayes: councilpersons, Cooper, Thrower, McLaughlin, Gay,
Maxwell, and Mayor Pro Tem Clarke
Nays: None
Abstain: Councilperson Sutherland
4. Council considered approving minutes of the Public Hearing
November 30, 1993.
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Minutes Regular Meeting
La Porte City Council
December 13, 1993, Page 2
,",otion was made bv Councilnerson Thrower to annrove the
~ovem~ 30 minutes as nresented. Second by Councilperson
McLaughlin. The motion carried, 5 ayes and 0 nays and 2
abstain.
(Councilperson Alton Porter was seated at the Council table at
6:07 P.M. after the vote)
Ayes: Councilpersons, Cooper, Thrower, McLaughlin,
Maxwell, and Mayor Pro Tem Clarke
Nays: None
Abstain: Councilpersons Sutherland and Gay
5. Presentation for Employee of the Quarter - July, August and
September 1993 was presented to Sandra Kincaid by Mayor Pro
Tem Jerry Clarke. Sandra was rec,...,_ended by Human Resources
Coordinator Kim Meismer.
6. There were no citizens asking to address Council.
Councilman Gay pointed out that legal counselor, Mr. Barry
Abrams, is present to address pending law suits and due to the
fairly long agenda tonight, asked Mayor Pro Tem Clark if
Council could meet with Mr. Abrams at this time in order to
keep him from having to wait through entire agenda. City
Manager Robert T. Herrera stated he had sent a notice to
Council regarding the presentation of information for pending
lawsuits. He stated if Council agreed they could adjourn and
go into Executive Session at this time, if not, and Council
feels it would like to go forward with the rest of the agenda
items, we could do that, too.
Councilman McLaughlin suggested Skipping directly to Item 12
on the agenda as there are several people present for this
item regarding Bay Area Habitat for Humanity. Council could
then go into Executive Session if this is agreeable. All were
in agreement.
12. Consider approving and authorizing an agreement between the
City of La Porte and La Porte Chapter, Bay Area Habitat for
Humanity, concerning property in Block 128, Town of La Porte,
Harris County, Texas.
Mr. Herrera explained the program which would be entered into
with Bay Area Habitat for Humanity and stated it was highly
recommended by staff that we continue with this program.
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Minutes Regular Meeting
La Porte City council
December 13, 1993, Page 3
City Attorney read: ORDINANCE 93-1959 - AN ORDINANCE APPROVING
AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND
LA PORTE CHAPTER, BAY AREA HABITAT FOR HUMANITY, CONCERNING
PROPERTY IN BLOCK 128, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made bv Councilnerson McLauahlin to annrove
ordinance 93-1959. Second by Councilperson Thrower. The
motion carried, 8 ayes and 0 nays.
Ayes: councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter, Gay, Maxwell and Mayor Pro Tem
Clarke.
Nays: None
Councilperson Porter thanked Mr . Counts, Bobbie Frank and
others involved for their hard work with this project and
stated they have done a terrific job.
18. Council adjourned into Executive Session at 6:12 P.M.
EXECUTIVE SESSION - V.A.T.S. - Articles 6252-17, Section 2(e),
(F) , (G) , (R) , - (LEGAL, LAND ACQUISITION, PERSONNEL, and
CONFERENCES(S) WITH EMPLOYEE(S) TO RECEIVE INFORMATION)
A. SECTION 2(E) - (LEGAL)
RECEIVE REPORT FROM LEGAL COUNSEL ON PENDING LAW SUITeS)
Council returned to the council table at 7:33 P.M. No action
taken.
7. Consider approving Ordinances authorizing the closure and sale
of requested street and alley for Anthony Crane Rental of
Texas.
Planning Director Chuck Harrington reviewed request with
Council. Director of Finance Jeff Litchfield explained how
fair market value was calculated.
city Attorney read: ORDINANCE 93-1952 - AN ORDINANCE VACATING,
ABANDONING AND CLOSING A PORTION OF NORTH 17TH STREET, IN THE
TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
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Minutes Regular Meeting
La Porte City Council
December 13, 1993, Page 4
City Attorney read: ORDINANCE 93-1953 - AN ORDINANCE VACATING,
ABANDONING AND CLOSING THE ALLEY IN BLOCK 654, TOWN OF LA
PORTE, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made bv Councilnerson Sutherland to annrove
ordinances 93-1952 and 93-1953 as read bv the city Attornev.
Second by councilperson Gay. The motion carried, 8 ayes and
o nays.
Ayes: councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter, Gay, Maxwell and Mayor Pro Tem
Clarke.
Nays: None
8. Consider approving ordinances authorizing the closure and sale
of requested street and alley for Highway Transport, Inc.
Planing Director Chuck Harrington reviewed request with
Council. Assistant City Manager John Joerns and City Attorney
Knox Askins explained special conditions.
City Attorney read: ORDINANCE 93-1954 - AN ORDINANCE VACATING,
ABANDONING AND CLOSING A PORTION OF SOUTH 17TH STREET, IN THE
TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
city Attorney read: ORDINANCE 93-1955 - AN ORDINANCE VACATING,
ABANDONING AND CLOSING THE ALLEY IN BLOCK 798, TOWN OF LA
PORTE, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made bv Councilnerson Thrower to annrove ordinance~
93-1954 & 93-1955 as read bv the city Attornev. Second by
councilperson Porter. The motion carried, 8 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter, Gay, Maxwell and Mayor Pro Tem
Clarke.
Nays: None
9. Consider approving an ordinance to abandon utility easement on
Underwood Road.
Planning Director Chuck Harrington reviewed abandonment of
easement with Council.
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Minutes Regular Meeting
La Porte City council
December 13, 1993, Page 5
City Attorney read: ORDINANCE 93-1956 - AN ORDINANCE FINDING
AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY NO
LONGER REQUIRE THE CONTINUED USE OF CERTAIN DRAINAGE AND/OR
UTILITY EASEMENTS LOCATED IN A FORTY FOOT WIDE STRIP OF LAND
IN HARRIS COUNTY, TEXAS, SAID STRIP OF LAND BEING MORE FULLY
DESCRIBED IN THE BODY OF THIS ORDINANCE; VACATING AND
ABANDONING SAID EASEMENTS TO HARRIS COUNTY, THE ABUTTING
PROPERTY OWNER, IN CONSIDERATION OF HARRIS COUNTY'S RELOCATING
THE CITY OF LA PORTE'S UTILITY LINES; CONTAINING VARIOUS
FINDINGS AND OTHER PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EMERGENCY.
Motion was made bv CouncilDerson Sutherland to aDDrove
ordinance 93-1956 as read bv the city Attornev. Second by
Councilperson Maxwell. The motion carried, 8 ayes and 0 nays.
Ayes: councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter, Gay, Maxwell and Mayor Pro Tem
Clarke.
Nays: None
10. Consider approving ordinance authorizing the City Manager to
extend a twenty year lease with D.E. Aviation, for operations
at the La Porte Municipal Airport.
~otion was made bv CouncilDerson Maxwell to table ordinanc~
93-1957 since contract reauirements were not comDlete bv
lessee. Second by Councilperson Gay. The motion carried, 8
ayes and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter, Gay, Maxwell and Mayor Pro Tem
Clarke.
Nays: None
11- Consider approving ordinance awarding contract for
construction of Lift station 30 to Tri-Tex Construction.
Public Works Director Steve Gillett reviewed wi th Council
information on the construction upgrade of Lift station No.
30. Director of Finance Jeff Litchfield reviewed with Council
accounting procedures for this Capitol Improvement Projects.
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Minutes Regular Meeting
La Porte city council
December 13, 1993, Page 6
city Attorney read: ORDINANCE 93-1958 - AN ORDINANCE APPROVING
AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND
TRI-TEX CONSTRUCTION, TO CONSTRUCT LIFT STATION 30
IMPROVEMENTS; APPROPRIATING $130,500.00 TO FUND SAID CONTRACT
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made bv Councilnerson Thrower to annrove ordinance
93-1958 as read bv the citv Attornev. Second by Councilperson
Cooper. The motion carried, 8 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter, Gay, Maxwell and Mayor Pro Tem
Clarke.
Nays: None
12. Brought before Council prior to item 7.
13. Consider approving an ordinance authorizing the City Manager
to execute a contract for demolition of six condemned
structures to Daniel's Truck Hauling.
Planning Director Chuck Harrington reviewed bid tabulations
and stated staff recommends awarding contract to Daniel's Dump
Truck Hauling, Inc.
City Attorney read: ORDINANCE 93-1960 - AN ORDINANCE APPROVING
AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND
DANIEL'S DUMP TRUCK HAULING, INC. FOR THE DEMOLITION OF
CONDEMNED STRUCTURES; APPROPRIATING $11,200.00 TO FUND SAID
CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO
THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
Councilman Porter suggested accelerating this program to clear
up the structures which need to be placed on the list for
condemnation and demolition. Councilman Sutherland stated he
agreed with Alton's view. Mr. Herrera said we understand and
will move forward.
Councilman McLaughlin questioned awarding entire package to
one bidder regardless of line item pricing. City Manager Bob
Herrera suggested this issue be discussed at a Council
retreat. He stated we will look at our bid package and the
way we go out for bids on building demolition, and perhaps
visit with some of these companies who have done work in the
past for us to see how they actually bid a project.
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Minutes Regular Meeting
La Porte City Council
December 13, 1993, Page 7
Motion was made bv Councilnerson Gav to annrove ordinance 93-
~960 as read bv the citv ~ttornev. Second by Councilperson
Thrower. The motion carried, 8 ayes and 0 nays.
I
Ayes: Councilpersons sutherland, Cooper, Thrower,
McLaughlin, Porter, Gay, Maxwell and Mayor Pro Tem
Clarke.
Nays: None
14. Consider authorizing Director of Finance to amend various
operating budgets.
Finance Officer Linda Stubbs reviewed with Council. City
Manager stated this will be a major savings to the accounting
personnel and the auditors for year end closing.
Motion was made bv Councilnerson Thrower to aunrove ordinance
93-1959 as read bv the citv Attornev. Second by Councilperson
Cooper. The motion carried, 8 ayes and 0 nays.
Ayes: Councilpersons sutherland, Cooper, Thrower,
McLaughlin, Porter, Gay, Maxwell and Mayor Pro Tem
Clarke.
Nays: None
15. Consent Agenda - Council considered awarding bids as follows:
(A) Consider awarding annual contract for meter testing to
PSA, Inci (B) Consider awarding contract for automotive parts
to Lindale for new parts, section one (1) , and to ASR for
rebuilt electrical components, section two (2) (C) Consider
awarding bid for air conditioning maintenance and repair
contract to Bay Refrigeration (D) Consider awarding bid for
renovation of the roof at Evelyn Kennedy Civic Center to
continental Contractors.
councilman Sutherland requested to pull items B and D for
discussion. Director of Parks and Recreation Buddy Jacobs
explained the roofing requirements for Item D. Director of
Public Works Steve Gillett explained staff recommendations and
process of parts delivery on item B.
Motion was made bv Councilnerson Maxwell to annrove consent
aaenda as nresented. Second by Councilperson Cooper. The
motion carried, 8 ayes and 0 nays.
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Minutes Regular Meeting
La Porte city Council
December 13, 1993, Page 8
Ayes: Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter, Gay, Maxwell and Mayor Pro Tem
Clarke.
Nays: None
16. ADMINISTRATIVE REPORTS
City Manager Bob Herrera reminded Council there is a vacancy
on the Planning and Zoning Commission previously held by Mr.
Ronald Gragg. Mayor Pro Tem Clarke stated the vacancy is his
appointee from District 6. He also stated he has been talking
to a possible candidate, Ms. Margaret Anderson, for this
position and the matter will be taken care of shortly.
City Manager also reminded Council of the Christmas Party
hosted by the Mayor and himself tomorrow, Tuesday, December
14, at the Evelyn Kennedy civic Center.
17. COUNCIL ACTION
Councilpersons Sutherland, Thrower, McLaughlin, Porter, Gay,
Maxwell and Mayor Pro Tem Clarke brought items to council's
attention, and each Councilperson wished the staff a Merry
Christmas and a Happy New Year.
18. Council adjourned into Executive Session for Item B at 8:33
P.M.
EXECUTIVE SESSION - V.A.T.S. - ARTICLES 6252-17, SECTION 2(E),
(F) , (G) , (R) , - (LEGAL, LAND ACQUISITION, PERSONNEL, AND
CONFERENCES(S) WITH EMPLOYEE(S) TO RECEIVE INFORMATION)
B. SECTION 2(F) - (LAND ACQUISITION)
MEET WITH CITY ATTORNEY AND CITY MANAGER REGARDING LAND
ACQUISITION(S)
Council returned to the table at 9:18 P.M. No action taken.
There being no further business, meeting adjourned at 9: 19
P.M.
Respectfully submitted,
~ ~
Sue Lenes, City Secretary
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Minutes Regular Meeting
La Porte City Council
December 13, 1993, Page 9
Passed and Approved this the 10th
day of January, 1994
Jb7//'1i~I~~
Norman L. Malone, Mayor
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. .. -..... ~r<\~\~~ ~ -\~ 8V{\~
e NOMINA TION FORM .'"\O-'\\~- ~ - \'-\o...~
"EMPLOYEE OF THE QUARTER"
CITY OF LA PORTE
LA PORTE, TEXAS
EMPLOYEE'S NAME: SANDRA KAY KINCAID
EMPLOYEE'S JOB TITLE: SECRETARY I - HUMAN RESOURCES
DATE OF EMPLOYMENT: March 19, 1992
YES NO
1. Has completed six (6) month introductory period. . X
2. Any reprimands in persomel file during past twelve (12) months. X
3. Excellent safety record. (vehicle and personal) X
4. For the past twelve (12) months, SANDRA KAY KINCAID has received the following
overall score on his/her evaluation:
(please check one only)
X Superior Excellent Satisfactory
5. Has th i s ~loyee been rec" , .. Jed before for the "Eqlloyee of the Quarter" award?
YES X NO
6. If yes, please state when and by whom.
7. Has this ~loyee been selected before for "Eqlloyee of the Quarter"?
YES X NO
8. If yes, please state when.
9. Please write a paragraph explaining why this ~loyee is being nominated for "Eqlloyee of the Quarter". (attach
supplement pages as needed)
I would like to nominate Sandra Kincaid for the "Emplovee of the Ouarter" for
July, August, September. Sandra has worked in the Human Resources Division
since 10/01/92. She received a superior evaluation~a~~er iust 6 months of
employment in this Division. She has exceptional interpersonal skills and
always has a smile on her face. She will go far out of her way to help any
employee or citizen. She is very well liked by all. She has an excellent
attitude, is very flexible, and is a true team player, which makes her a
very unique person. She is truly an asset to our Division. I am honored and
feel very fortunate to have her on mv team.
./ ~ !
SUPERVISOR'S SIGNATURE: C/()I.~)) ~ ~ ~
DATE: ( . /~/lr!Q~ i
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.QUEST FOR CITY COUNCIL AGENDA Ie.
Agenda Date Requested: December 13. 1993
Requested By: Charles Harrinaton e'j{/? Department: Plannina
X Report Resolution X Ordinance
Exhibits:
1. Area Map
2. Ordinance
3. Application
SUMMARY & RECOMMENDATION
Anthony Crane Rental of Texas has petitioned the City of La Porte to close, vacate and
abandon two (2) existing public rights-of-way (undeveloped), being North 17th Street
between Blocks 653 and 654 and the alley in block 654 (see map attached). The total
area equals 30,400 square feet.
The closures are to facilitate expansion of their facilities and create a single contiguous
tract of land for Mure development. Staff has reviewed the request and processed it
through applicable procedures. Staff has no objection to the closure.
The appraised value of the property equals $19,950.00, which is payable to the City of La
Porte. Staff recommends Council approve the closure request.
Action Required by Council:
Approve ordinance authorizing the closure and sale of the property in the amount of
$19,950.00 as requested.
Availability of Funds: NI A
- General Fund - Water /Wastewater
- Capital Improvement - General Revenue Sharing
- Other
Account Number: Funds Available: YES NO
ADDroved for Cltv Council Aaenda
/2/eh :>
I ( DATE
-
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\
ORDINANCE NO. 93- 1952
AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF NORTH
17 TH STREET, IN .l.A,O TOWN OF LA PORTE, HARRIS COu...~..Y, TEXAS; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
WHEREAS, the City Council of the city of La Porte has been
requested by record owner of all of the property abutting the
hereinafter described portion of North 17th Street, in the Town of
La Porte, Harris County, Texas, to vacate, abandon, and permanently
close that portion of North 17th Street; and
. WHEREAS, the City Council of the City of La Porte has
determined and does hereby find, determine and declare that the
hereinafter described portion of North 17th Street, Town of La
Porte, Harris County, Texas, is not suitable, needed, or beneficial
to the public as a public road, street and alley, and that the
closing of the hereinafter described portion of North 17th Street,
Town of La Porte, Harris County, Texas, is for the protection of the
public and for the public interest and benefit, and that the
hereinafter described portion of said North 17th Street, should be
vacated, abandoned, and permanently closed.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. Under and by virtue of the power granted to the
City of La Porte under its Home Rule Charter and Chapter 13, Title
28, Article 1175, of the Revised civil statutes of the state of
Texas, 1925, the hereinafter described portion of North 17th Street,
Town of La Porte, Harris County, Texas, is hereby permanently
vacated, abandoned and closed by the City of La Porte, to-wit:
Being that portion of the right-of-way of North 17th street,
Town of La Porte, Harris County, Texas, lying and being
situated between Block 653 and Block 654, Town of La Porte,
Harris County, Texas, and extending between the south right-of-
way line of West Madison street and the north right-of-way line
of West Tyler street.
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ORDINANCE NO. 93-1952 PAGE 2
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.
PASSED AND APPROVED, this 13th day of December, 1993.
CITY:? e7;lJ
BY f? "
Ne~~F. ~. ~alon~, Mayor
E. G. Clarke, Mayor Pro Tem
ATTEST: 6171. fT4:J. iJdJA~ A:/.7~-,h~/~ d4;tCAJ~7
Sue L nes I :
City Secretary
AP~VED: ) Z'
/Z;' / ~. I
, _~cICL. ....~
Knox W. Askins
City Attorney
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\
ORDINANCE NO. 93- 1953
AN ORDINANCE VACATING, ABANDONING AND CLOSING ...IU5 ALLEY IN BLOCK
654, TOWN OF LA PORTE, HARRIS CO......'I....Y, TEXAS; FINDING COMPLIANCE WITH
':&:11.6 OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of La Porte has been
requested by record owner of all of the property abutting the
hereinafter described alley in Block 654, Town of La Porte, Harris
County, Texas, to vacate, abandon, and permanently close the alley
in Block 654, Town of La Porte, Harris County, Texas; and
WHEREAS, the City Council of the City of La Porte has
determined and does hereby find, determine and declare that the
hereinafter described alley in Block 654, Town of La Porte, Harris
county, Texas, is not suitable, needed, or beneficial to the public
as a public road, street and alley, and that the closing of the
hereinafter described alley in Block 654, Town of La Porte, Harris
County, Texas, is for the protection of the public and for the
public interest and benefit, and that the hereinafter described said
alley in Block 654, Town of La Porte, Harris County, Texas, should
be vacated, abandoned, and permanently closed.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. Under and by virtue of the power granted to the
city of La Porte under its Home Rule Charter and Chapter 13, Title
28, Article 1175, of the Revised Civil Statutes of the State of
Texas, 1925, the hereinafter described alley in Block 654, Town of
La Porte, Harris County, Texas, is hereby permanently vacated,
abandoned and closed by the City of La Porte, to-wit:
Being all of the alley in Block 654, Town of La Porte, Harris
County, Texas.
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
e e
\
ORDINANCE NO. 93- 1953 PAGE 2
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.
PASSED AND APPROVED, this 13th day of December, 1993.
CITY~ w:w
BY I! ~. /3.
-N::EP.a:t I.. ~lone
Mayor
E. G. Clarke, Mayor Pro Tem
ATTEST:
Ir ~ .tD.uJA/>>'.oJ !1~~di.U~~
ISue enes /
City Secretary
/
APPRvv"D: /;~
(Xd2C, tQ~
Knox W. Askins
City Attorney
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PROP. STREET &
ALLEY CLOSING ,.
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w. MADISON ST.
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W. TYLER ST. ~'
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I I SAC-93-02
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OCT 19 ''33 16: 07 ::i FULLER PROPERTIES P_3
,e e
-- - - ---.
..
PaJ:f: J 01 2
City of La Porte
Street and Alley Closing Application
~a 'QP"\j;;;S" nL 1h~~/i'i~elsillirFo..mu 01 -"" '. of' Bl'.:'~~ 1?~4 (Lots 1.-32, both
I. .An..1;jJonv
.incl.u~iv~) - located in the Town of l.a Po~.A -
~I""iul Oc..-nl'".on) Ille ..bo\'" dt:scn'bt.d real proPUI)' foc/lled wlthi" tile City of La POrlt:, Te.xos, hereby fflf[lUSt tllld make Qrplfcatlo/l
"'itter thl! terms of A,t/t:{f! 1/1 Vacallllg. Aba1ldollfl/g alld Closulg Streets alld A..IlI!)'S, Sectloll 21-24, et. seg., CodeJ 01 Ordmances 01
(lIe Cil)' of La POrli!. fo' \Y1catillg, aba/ldol/ing alld dostllg of the followll/' Street~ and/or Alleys:
DucrlpdOl1 01 StreetS/Alleys ~y:1n& and be:1n~ situated
S/r>:CI(SJ Be:ln~ that QOTt:1on oe .che T:l~ht-of-way of N 17th St:,
bet:Ween BJ.ock 653 & 654t Town 0 f La Porce, Harri.s County, Texas, and between tbe south righ.c-
of-way J.i.ne of West Mad:1son St & the north -c1.ght-of-way ~:1ne of West Tyl.er Street.
A/I"y(S; The a~~ev between ~ots ~-~6 and 17-32 in Block 654. Town of
La Porte
lutol Sqllafl! FOOlagl!: 30,400
J<<asDII /Dr &qucst
expand existing (al{odl:. other s~eets !1k'l:ct!sso'lJ t contiguous.
To our fac~ ~ y an m e ou proper y
--..-----------------
.----.-- u - ___ - 0_____--- ____ ~--_._--_._-_._-------- .--.-- -..----
Fo, an appliea/ioll 10 bt! considered. ail of thc foilowiIJg must bl! submitted with the application.
'-:-1 A slat~melll by tile applicalll of the reasoll for tIle requl!st.
~
GJ A SIOtCI/!t!11/ WQi"fllg allY perSOflal claims for dama~s allai"stllu~ City and further afl"t!l!ing to SOVI! and 'Iold hormless
IIIe City from allY orllu claims rllal may arise against tlsc City in vacotflJg, abolJdolliflg and closillg allY streel or a"~
0' pOrr/O'1 tlle"Cof (Exhibit A).
EJ A plor plall. SIIowl"g lIlt! slreet or a"~ IOllll1t to be vacated. abofldoned alld closed, or portion tllereof, by a l/c(lIsed
Te..\(/$ l".otic SlIrl'IJyor. dra''III1 10 a scale 01 II at less 1110/1 Ollt: ;'Icll equals, fifty (.50) leet. nle City EI/gil/eelj or his
d<:sigrlcc. II10Y wai,"C I/lis rr:qllin:lllt111t wilen:, ill his solll detenninalioll. a I't!cordlld plat cO/ltalllS ~ulfic{c/lt evidcnce
ro dctermi/ltJ le/:al dr!scriplioll alld (ll't!a of proP/!1ty sOllgllt to be yocated. Qballdoned alld closed.
[;] Proof of OWllersll/p
. All opin/o/l le/lu by a dilly licensed Texas at/onley Ilrat rile applicanr lias good fee simplt: tltlt: to tlac plOpCTty
adjae~1It Gild colltigrlous 10 the Street 0' alley. or portioll tlJ~reo/. sO/lgllt to bf: closed.
. On'l.,illal or photo coplu 01 tile fflconJed illstnmll:J1t \'f'sri/rg fee simple title 10 appllcallt.
. Origillal or phoro copy of IlIe UWllers title policy issued by a rtr/e fnsU/cJllce compauy doing busill/!sS (II
Harris County. Tt:XQs, gllanmreclllg rite tlrle to Ihe dpplfcQllt's adjacent property.
EJ \-Yn'llC'1 cOJlSc:1ll of aU Ollrer perSOJIS OWlllllg allY prOperty adjocelll to such strel!t or (l/lcy with a wai\ocr of claims for
dUlllogl!$ (Exlribit fJ) alld proof of oWllcrsilip. as 'lere{lIabol't: described.
EJ r1 S 100 cashier'S cJleck payable 10 Ihe City ill paymelll olllle applicatiOIl fl!e.
~ ....,\...I.'\'.......l-.~.....~.f~r.q-... -. . "..-'.r.1~...~".~...~.................
"," ~ . ,"' "l(' ./\ ". ...... "i"i'" '....,. ." ......l ... ....~~.<f. ~". ~ ' ~.........,........
Note: ~ ;~i/i.iit.;.~.;~~ ~;;;:" .~~ '41};iiiJi/i"i;P~ti;.'~ llo';.~~""::i .:'1i \.t ell '.. ~ii ~~~ .~~'~!i.'" '..>;~~~.:.
.... ..: ":'.', ..., .:. .If.'. ...",......~.. ....I.:l"'.!:..;..... o/l!.1/1!-S:-- .1!p.. .r:..~"'?-~;'I" . !.1"~1.~~., ".
'. .... . . "r.. "..'t.: .... _.....,.l.:..:.'l':J.(A....:,1.'.I..I..I..-I.--....:-..~=A~.:.")'d",~~,,"'l. .........,:,:.....-..
~.: . . .'"'.''' ,.,,~., ., . .,. ". .",,', .h '.' "".0',.,..,,,,....,., ""C'.;.,""" ,'.
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1165 Camp Hol1.ow Rd 800-245-1193
^"''On:u I TOlcpnonc N..mbcr
West Mifflin, pennsy1.vania
Cil) .s..\( .nd Z,p 15122
f{t"vls<,d 3/0~/92
11-/1-CJ3
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Page 2 of 2
City of 1..a l'one
Street and Alley (1osing Application
For fLfe by City of La Pone Personnel
Checklist for complete(l application of ANTHONY C'R7ll:lE RFNTAT. of TEXAS File NlllI/her SAC-93-02
- -
Q/ Notice of reqllest for 1l?view of application sem to fmnchised utilities and appropriate City
Departmellfs.
G}". Revielv.f of application 1l?ceil'ed fm",:
llL&:.P \........-
ElIIex ~~~
Som/llvestem Bell v. -
Prime Cable c/
Planning Departmelll ../
Public Works V -'
bY File fOlll'mded (0 Finance Vi/l?ctor for appraisal il/fomlation and detemlil/aticm of fair market
mille.
Appraisa( /Jifonnatlon
30,400 Sq. Ft. * .375 HCAD Most Recent Published Rate Per Sq. Ft.
* J :1$ Adjustmelll Factor ''1 q~ DL.~
= $ . O. Fair Market Value
~ - Fil/al/ce Di/l?ctor
\.
~ 1....-1 either the applicalll or the City do not aglee 01/ the 1f!sult obtained of the fair market value,
~~~; then (with applicallfs writtel/ approval) an independent fee appraisal is obtained fivm an
independellt f~praiser selected by the City ~ a~ant.\" expense. \ \
0' uM~ "''":I -h '0"'1 ~\~ o~ L,- ~r . Ci~ \t, 1 ct1
Fair market mlue is deposite(l with City (or other ar1Ungemellls considered).
0 City Attorney prepares OIdinance with any necessary restrictiollS or peifomlance standards.
0 City Council considers st1f!et and alley closing ordinance.
Recommel/ded Action
City Council Actio" Vate
O/dinance No. Date
D If approved by Council, a ce11ified copy of the OldinOllce l'Ocating, abandoning and closing the street
or alley is fUrnished to applicallt jbr 1f!cOlding in the Harris County Deed RecOlds (Exhibit C).
"),). c~,..,.
D lICAD notified of passage of otdinonce, with 1f!quest to place pmperry on tax rolls (Exhibit D)
""-
'~J",,:.p
Re~ised 3/04/92
_ e
eEOUEST FOR CITY COUNCIL AGEND.
Agenda Date Requested: DFlQf:lmber 13. 1993
Requested By: ChRrlFls Harrinoton c!lv'-- Department: Plannlna
.. - .. .
X Report Resolution X Ordinance
Exhibits:
1. Area Map
2. Ordinance
3. Application Me! I~!o f 1(;0;$
4. letter from Highway Transport's Attorney
SUMMARY & RECOMMENDATION
Highway Transport, Inc. has petitioned the City of La Porte to close, vacate and abandon
two (2) existing public rights-of-way (undeveloped) being North 17th Street between Block
797 and 798 and the alley in Block 798 (see map attached). The total area equals 30,400
square feet.
The closures are to facilitate expansion of their facilities and create a single contiguous
tract of land for future development. Staff has reviewed the request and processed it
through applicable procedures, with no objections noted.
The appraised value of the property equals $29,100.40, which is payable to the City of La
Porte.
While Highway Transport does not currently own all of the adjoining property, they have
a contract to close on the remaining parcel on December 22. Following that purchase,
Highway Transport will provide the $29,100.40, necessary to complete this street and alley
closure.
The staff recommends approval of this request subject to: 1) the payment of $29,100.40,
2) The maximum length of time stipulated for completion of this street and alley closing
shall be 45 days from approval by the City Council.
Action Required by Council:
Approve ordinance authorizing the closure and sale of the property as requested, subject
to payment of the $29,100.40, within 45 days.
Availability of Funds: NJA
- General Fund - Water /Wastewater
- Capital Improvement - General Revenue Sharing
- Other
Account Number: Funds Available: YES NO
ADDroved for Cltv Council Aaenda
G?~ 1: ~ \ 7...- 8 -C\ '3
Robert i. Herrera DATE
City Manager
e e
ORDINANCE NO. 93-1954
AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF SOU.L.t&
17TH STREET, IN THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
WHEREAS, the City Council of the City of La Porte has been
requested by record owner of all of the property abutting the
hereinafter described portion of South 17th Street, in the Town of
La Porte, Harris County, Texas, to vacate, abandon, and permanently
close that portion of South 17th Street; and
WHEREAS, the City Council of the City of La Porte has
determined and does hereby find, determine and declare that the
hereinafter described portion of South 17th Street, Town of La
Porte, Harris county, Texas, is not suitable, needed, or beneficial
to the public as a public road, street and alley, and that the
closing of the hereinafter described portion of South 17th Street,
Town of La Porte, Harris county, Texas, is for the protection of the
public and for the public interest and benefit, and that the
hereinafter described portion of said south 17th Street, should be
vacated, abandoned, and permanently closed.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Under and by virtue of the power granted to the
City of La Porte under its Home Rule Charter and Chapter 13, Title
28, Article 1175, of the Revised civil Statutes of the State of
Texas, 1925, the hereinafter described portion of South 17th Street,
Town of La Porte, Harris County, Texas, is hereby permanently
vacated, abandoned and closed by the City of La Porte, to-wit:
Being that portion of the right-of-way of South 17th Street,
Town of La Porte, Harris County, Texas, lying and. being
situated between Block 797 and Block 798, Town of La Porte,
Harris County, Texas, and extending between the south right-of-
way line of West "D" Street and the north right-of-way line of
West "E" Street.
e e
ORDINANCE NO. 93- 1954 PAGE 2
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 upon its passage
and approval, and upon receipt by the City of La Porte of the cash
sum of $23,100.40, which shall be due and payable on or before
forty-five (45) days from the date of passage of this ordinance. If
such payment is not made within such forty-five (45) day time
period, this ordinance shall be null and void.
PASSED AND APPROVED, this 13th day of December, 1993.
By:{:![ez~r
ATTEST: E. G. Clarke, Mayor Por Tern
. i? /J"...ku d1 o.'~""'ukd . 1I.uL Ak tit f de t"'-< 1M l
6 M Sue Leries / -
I ci ty Secretary ,
APPROVED: ~.
6::J~/Ce ,~
Knox W. Askins
City Attorney
_____ _n____ _ ______ ___..___
e e
ORDINANCE NO. 93- 1955
AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEY IN BLOCK
798, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of La Porte has been
requested by record owner of all of the property abutting the
hereinafter described alley in Block 798, Town of La Porte, Harris
County, Texas, to vacate, abandon, and permanently close the alley
in Block 798, Town of La Porte, Harris County, Texas; and
WHEREAS, the City Council of the City of La Porte has
determined and does hereby find, determine and declare that the
hereinafter described alley in Block 798, Town of La Porte, Harris
County, Texas, is not suitable, needed, or beneficial to the public
as a public road, street and alley, and that the closing of the
hereinafter described alley in Block 798, Town of La Porte, Harris
County, Texas, is for the protection of the public and for the
public interest and benefit, and that the hereinafter described said
alley in Block 798, Town of La Porte, Harris County, Texas, should
be vacated, abandoned, and permanently closed.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. Under and by virtue of the power granted to the
City of La Porte under its Home Rule Charter and Chapter 13, Title
28, Article 1175, of the Revised civil Statutes of the State of
Texas, 1925, the hereinafter described alley in Block 798, Town of
La Porte, Harris County, Texas, is hereby permanently vacated,
abandoned and closed by the City of La Porte, to-wit:
Being all of the alley in Block 798, Town of La Porte, Harris
County, Texas.
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
e e
ORDINANCE NO. 93- 1955 PAGE 2
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 upon its passage
and approval, and upon receipt by the City of La Porte of the cash
sum of $6,000.00, which shall be due and payable on or before
forty-five (45 ) days from the date of passage of this ordinance. If
such payment is not made within such forty-five (45) day time
period, this ordinance shall be null and void.
PASSED AND APPROVED, this 13th day of December, 1993.
CITY;r 2~
BY/ , ~
Ntz:::1P.-:ln _ _ -
M::II ~..o.r.
E. G. Clarke, Mayor Pro Tern
ATTEST:
L ) (\ ~ 1-1 /; 4 j? 'l-d;. c,
, _"///U J';t o!!J; 1~<'/V1'L.r!/t< ,/l--L ,fD ,-;I l-L U 1-:9A! VL<'.. i1:J'-(J
6c:~ue Le es,l I
City Secretary
APPJ!qVEO: . ~
a;yw~/' .
Knox W. Askins
City Attorney
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~~ I TOTAL SQ. FT. PROPOSEJ
:i: I I TO C:"OSE = 30,400
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A
. - Page 10f;
. . e City of La Porte _
Street an4 Alley Closing Application
/, HiRhwav Transnort, Inc. I"e IIIIdersl8'led olVllero! Lots One (1) through Sixteen (16) in ,
Block 797 and as the prospective purchaser of Lots One (1) through Thirty-Two (32) in Bloc
798
(LeB,1 Description) I"e about described real property localed wil"ill IIle Cfty olLa Porle, Teras, "ereby reqllesl alld make applicatiOIl
ulldelr I"e I"ms of Article 1// Vacal/II~ AballdOllillg alld Closillg Slreets alld Alleys, Seclioll 21-24, el. ug" Code of Ordillallces OJ
I"e City of La Porle, lor vacalillg, abDlldollillg alld closillg ollhe folluwlllg Slreels alld/or Alleys:
--
Ducriplloll 01 Slreets/Alleys
Strl!elt(s) 17th Street between the south riRht-of-wav line of West D Street and the
north line of West E Street
Alley~) Between Lots One (1) through Sixteen (16) and Lots Seventeen (17) through
Thirtv-Two (32) in Block 798
Total Square Footage: 30.400
n,asOll for Reqllesl -
(allaclr Olher sl"e/s fc lIecessary) .
The above-described street and alley must be c osed in order to provide a sufficiently
larRe enouRh tract of land for the Construction of various tmprovements thereon.
For 011 application to be considered, oil oflhe foiluwing mllst be submilled with the appJication.
[!] A slatemelllt by I"e applicalll oll"e reasolllor Ihe reqllesl.
[iJ A slatemelll waiv/Jlg allY persollal claims for damages aga/Jlsl I"e City alld IlIrt"" agreeillg 10 save alld hold harmlus
Ihe Clly from allY ollrer claims Ihal may arise agalnsl II" City In vacallllg, abandollillg alld closillg allY slreel or alley
or porlloll Ihereo! (ExlJlbll A).
W A plol plall, s"owlllg I"e slreet or alley sOll8'11 10 b, vacaled, abandoned and closed, or portion I"ereof, by a Iicellud
Teras pllbllc SII"'t)'Or, drawn 10 a scal, of nol less Illall on, Inch 'qllals fifty (SO) feel. n" City Ellgilleer, or his
desl8'ree, lIIay wal,., IIlls reqlllremenl wl"f't, In Ills IDle delennlnallon, a recorded pial contains srifficlel/I e,'ldtl/ce
10 deltnlll1" legal d,scriplloll Dlld area of property soltglrt 10 be .'DCaled, abandoned and cloud.
f.!J Proof 01 OlVllersMp (as to portion now owned)
. All opllllollltller by a duly IIcellud Teras allomey Ilral II" app/lcallt has good fee simple Iltle 10 the property
adjacellt alld COIII/8'IOIIS 10 I"e slreel or all,y, or portloll Ihereof, so1l8"1 to be cloud.
. Origillal or p"oto copiu 01 tl,e recorded IlIstnmwll,.,Sl/lIg lee simple title 10 applicallt.
. Origillal or p"oto copy of tl,e OlVllers title policy Ismed by a Ilt/e IlIsl/rollce compallY doillg busilless ill
Harris COIII/I)l 7exas, grla/Tlllteelllg II" Iltle 10 II" applicallts adjacellt property.
0 II1iltelll COIISellll of all ot"er per SOliS OlVlllllg fillY property adjacent to SIIC" streel or ailey wit" a wail'!:r of claims for
dtlmages (Exhibit B) alld proof of olVllershlp, os "emlllab",., described.. laee.. ~~ ~
. ~
[!J A S100 caslller's clrecJc payable 10 IIle City 11\ payllle'" of II" applicallon fee. M" ~ 0 0 f 1~~/'3
. JI It:> '3
.'"~'1;{ ,{ '~> (/ ' \) '~J ~, <' } \.' v"~'f'\ ~<"'~(,,"'::~'~);~f
:, ,Nw.{., '!.y{r<,./:),p,(ll{miX'i!i'I'i,!.j "1:!I,':1f1i j"j(,fdi(:,II'!,/iI!!}.li;qeu >J !;l!j('J:Jd!p, {I r,:, i;"II[!!p!.~;:~;;h;Jf?; ,~;
'i~,,~~>;;:~c<:-~''(';'(,) <J,',,< ,'" t, ,,,-:}~;':1..f:
SiB".III'" :>1 Applltlnl ~ary L. Keagan, Y1Ce rreS1Qen~
HIGHWAY TRANSPORT, INC., (liB} 584-8631
Address a Texas corporation Telephone Number
P. O. Box 50068
City S'"'e Ind ZIp
Knoxville, Tennessee 37950-0068
Re,.Jsed 3/04/92
, ic2. -1- q-~ e
. # ,.---' D.Ce ' _
Page 1 ofl
aty of fA l'fJ1te
Street arul Alley Gosing Application
For ILfe by aty of La Porte Per.ronnel
Checklist for completed applicatioll of Highway Transport, Inc. File Nl/IIrher SAC-93-04
- ..
~ Notice of leqllest for lel'iew of applicatioll selll 10 flu1IcI,ised /llilities ami appropriate City
Departmellls.
[J Rel/iews of application leceil'ed flvm: V ~O Obj'ec.7.;6,.)~ - c ~~ /-
HL&.P
Entex V t.J ~ 0 ~,'e'=-"fllJ t-' '; - 0 ;-0 I
SO/ll/nVeSlem Bell V j~\ tl (" - 0 ~""Q f
~O Oo/e.c. IOP-,
Prime Cable V I\l C (!;lb' ~ ",.lS - c: i"_"! '
V t~' I. .
Planllillg Departmelll 1 " . fI!!' ~ ..;.; ~.&,...
.H..' _0 ~J~:+';C.f~':(' - l.,.J \, ,f"'_
Pllblic Works V t..:. 1.7 DG - "!":'" ')I-J/ - .....:1: ,- -:.:>fi~
w- File fontl(l/ded to Fillallce Vi/ector for appraisal ilifol71,atiOlI alld detem,illatioll of fair market
mille.
Appraisall1ifonnatioll
30,400 Sq. Ft. * .547 HCAD Most Recell/ Published Rate Per Sq. Ft.
* I :lS Adjllstmelll Factor = $ Zq ICe 40 Fair Market Vallie
~- ..-" Fillallce Vi/ector
.. ~:the applicalll or the City do not ag1ee 011 the result obtailled of the fair market mlue,
~,h t1
-~,,: thtH'" (with applicallls writtell approval) an illdependell/ fee appraisal is obtained flvl7I all
illdef..endelll fee ap'praiser selected by the City at app,licant ~ expense. l l
0 \)Cl \.M. ~ ~ ~ c.,,, ~ ":'\ It- ~~. 6(,-(\1. \1- '1. "3
Fair market Wllue is deposited with City (or other antlllgements cOllsidered).
@ City Attomey prepares OIdblOnce with any necessary restrictiollS or peifol71,allce standards.
0 City Coullcil considers meet alld alley closillg OIdillance.
Recommended Action
City Coullcil Actioll Date
Oldinance No. Date
D If approved by CoulIcil, a ce1tified copy of the on/inance vacating, aballdoning and closillg the stleet
or alley is jitrnished to applicall/ for recon/ing ill the Harris County Deed Recon/s (Exhibit C).
~c~,....
D HCAD lIotified of passage of oniillallce, with request to place pmperty on lax rolls (Exhibit D)
"--
, ~ J", ,LJ~
Rel'ised 3/04/92
l.
e e
"TOODARD. HALL & PRIMM
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
7000 TEXAS COMMERCE TOWER
HOUSTON, TEXAS 77002
TELECOPIER (7131 224-3271 ~ !.,
TELEPHONE 17131 221-3800 19~)J
(IFe \
J _. ,
- "";! (:~ ~"OJ "{ J\{i/\~"J~ i\f,':;;t:::- ,i'-~
December 2, 1993 (' r"r-' r,: ~:~
John Joerns
Assistant City Manager
City of La Porte
P. o. Box 1115
La Porte, Texas 77572-1115
Street and Alley Request Closing by Highway Transport, "
Re: Inc.
Dear Mr. Joerns:
In accordance with my prior correspondence, I enclose the
Street and Alley Closing Application for the captioned matter
together with the required consent and waiver of claims letter
relative to this matter which have been executed by Gary L. Reagan
on behalf of Highway Transport, Inc. Based upon our recent
conversation, it is my understanding that you are checking on the
status of the utility letters and will advise me of your findings.
It is also my understanding that you will discuss my proposal with
Mr. Askins regarding whether the City will accept an indemnity from
Highway Transport with respect to all of the property covered by
this 'Application and onlY; provide a consent and waiver of claims
form without indemnity from the other owners. I look forward to
receiving your response at your earliest opportunity.
Very truly yours,
~~~.~
Darrell G. Thomas
DGT/mdw
LTR-JJ.l
CHANGES FROM 11/10/93 LETTER.
Enclosure
* Adjacent property owner will sign a
cc: Gary L. Reagan consent letter.
Via Facsimile 615~584-2125 * Highway Transport will close with
adjacent property owner.
* As the sole owner (adjacent to the street
& alley), Highway Transport will issue a
letter with indemnity clause.covering all
the property affected by this application.
e e
.
,
WOODARD. HALL & PRIMM
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW NOTE:
7000 TEXAS COMMERCE TOWER
HOUSTON, TEXAS 77002 * This approach approved, but
TELECOPI ER 17131224-3271 see letter of 12/02/93 which
TELEPHONE 17131 221-3800 modifies approach and will
allow us to close street and
alley in one step.
t
November 10, 1993
Via Courier
Mr. Knox Askins
City Attorney
City of La Porte
702 West Fairmont Parkway
La Porte, TX 77571
Re: Application for Abandonment of Street and Alley
Dear Mr. Askins:
As I recently discussed with you, our client, Highway
Transport, Inc., desires to cause the street and alley described in
the enclosed application to be abandoned. As I also discussed with
you, a portion of the property abutting on the street and alley
requested to be abandoned are not currently owned by our client~
rather, our client has contracted to purchase these properties and
copies of the purchase agreements executed in connection therewith
and the commitments for title insurance issued pursuant thereto are
enclosed herewith.
It is my understanding from our discussion that the City can
proceed with the application for purposes of issuing a policy
determination which would indicate whether the abandonment request
would be granted or not and that upon closing of the purchase of
the remaining properties abutting on the street and alley, our
client can then proceed with the street and alley closing on a pre-
approved basis. Accordingly, the enclosed application is submitted
to you for purposes of obtaining a policy determination with the
understanding that our client will execute and deliver to you the
necessary written consent and waiver of claim form and the street
and alley closing application within the next few days.
I have also enclosed the following:
1- two ( 2 ) copies of a plat of the street and alley to be
abandoned prepared by R. M. Atkinson, Jr. , Engineers,
Inc . ~
e e
Mr. Knox Askins
November 10, 1993
Page 2
2 . copies of the deeds whereby title to the property
currently owned by our client was acquired;
3 . a copy of the written consent and waiver letter to be
executed and delivered by our client; and
4. a check made payable to the City of La Porte in the
amount of $100.00 for the application fee.
As I indicated to you, our client would like to close on the
purchase of the remaining properties abutting on this street and
alley which it does not already own prior to the end of this year.
Anything you can do to expedite the processing of this application
would be greatly appreciated. Of course, if you should have
questions regarding the enclosures, please do not hesitate to call
me.
Very truly yours,
~%.~
Darrell G. Thomas
DGT/LTR-KA/dlm
Enclosures
CC: Gary L. Reagan
--,-.-.----.
e e
\
STATE OF TEXAS {
{
COUNTY OF HARRIS {
{
CITY OF LA PORTE {
RECEIPT AND RELEASE
The city of La Porte hereby acknowledges receipt and payment
in full of the following items:
1. The cash sum of $23,100.40, due and payable under the
terms and provisions of section 3, Ordinance 93-1954; and
2. The cash sum of $6,000.00, due and payable under the
terms and provisions of section 3, Ordinance 93-1955.
This will further certify that Ordinance 93-1954 and Ordinance
93-1955 are now in full force and effect.
WITNESS MY HAND, and the seal of the City of La Porte, this
the ~ day of December, 1993.
CITY OF LA PORTE
By: 4.r~ ~
at y D~rmond
Assistan City Secretary
STATE OF TEXAS {
{
COUNTY OF HARRIS { ~
This instrument was acknowledged before me on th~ day of
December, 1993, by Cathy DeArmond, Assistant City Secretary of the
City of La pO::::::':..~.:~:..CitYi2 I.
I ,., *" ,', - ......
';;" ."~ J State of Texaa
v.:'a5~' Ccmmi&siGn Expires 09-19-95
oooo~.v~~_..._.._..~..#w...~.._._
A. U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT I B.TYPE OF LOAN I
" 11. [ ]FHA 2. [J. 3. [ JCONV. UNINS.
e 4. [ J VA 5. [ J INS.
I 6. FILE NUMBER: 93122724B I 7. LOAN NUMBER:
\a. MTG. INS. CASE NO.:
I C.NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked
("p.o,c.") were paid outside the closing: they are shown here for information purposes and are not included in the totals.
D. NAME OF BORROWER: HI GHWA Y TRANSPORT SERV I CE I
ADDRESS: 1500 AMHURST ROAD KNOXVILLE, TENNESSEE 37909
E. NAME OF SELLER: CITY OF LAPORTE
ADDRESS: P. O. BOX 1115 LA PORTE. TEXAS 77571 SELLER TIN:
F. NAME OF LENDER:
ADDRESS:
G.PROPERTY LOCATION: PORTION OF RIGHTS OF WAY OF SOUTH 17TH ST., IN THE LAND OF LA PORTE
H. SETTLEMENT AGENT: STEWART T I HE COMPANY
ADDRESS: 2200 WEST LOOP SOUTH
HOUSTON, TEX~_?z'Q?,Z._.__,....._.. SETTLEMENT AGENT TIN: 74-0923770
...-~._-------..,..-- -.-- ,-.
PLACE OF SETTLEMENT: STEWART T I HE COMPANY I.SETTLEMENT DATE
ADDRESS: 2200 WEST LOOP SOUTH Closing date: 12/22/93
HOUSTON, TEXAS
I J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION I
100, GROSS AMOUNr DUE FROM BORROWER: 400. GROSS AMOUNI' DUE TO SELLER:
101. Contract sales price __.._.__.__._____". n__'. f - -'~. 100,,, 4111. Ct l~l!l:al:t_~~I.csJ~ri~.~__._. ._. 29,100.40
102, Personal property __~~12:..!~~!:~_~I~or.~~'tL___
103, Selllement charges to borrower(line 14(0) -------.---" --'594:85---' 403,
-.- --------...----.---..-.----....-.- ...--.---.,-.. --- ,'..--,--- _. --.-.-.....--.-.--.-..---.-----
1O,t, 404,
105. 405,
Adjustments for items paid by seller in advance: Adjuslmenls for items paid for seller in advance:
1106. City/town taxes to I 406. City/town taxes to
1107. County taxes to 407. County taxes to
108. Assessments to 408. Assessments to
1109, Maintenance to 40? Maintenance to
1110, Schoolffaxes to 410. School{raxes to
111. 411.
1112, 412.
120, GROSS AMOUNT DUE FROM BORROWER: 29,695.25 420, GROSS AMOUNT DUE TO SELLER: 29,100.40
200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCflONS IN AMOUNT DUE TO SELLER:
1201. Deposit or earnest money 501. Excess depnsil(see instructions)
202, Principal amount of new loan(s) 502, Settlement charges to seller(line 1400)
I 203. Existinl( loan(s) taken suhject to 503. Existing loan(s) taken subject to
I 204, Commitment Fee 504. Payoff of first mortgage loan
1205, 505. Payoff of second mortgage loan
206. 506.
207. 507.
208, 50S. I
209. 50?
Adjustments for items unpaid hy seller: Adjustments for items unpaid by seller:
210. City/town taxes to 510. City/town taxes to I
211. County taxes to 511. County taxes to I
212. Assessments to 512. Assessments to I
213. Schoolffaxes to 513, Schoolffaxes to I
I 214. 514. Maintenance to I
I 215. 515. I
I 216. I 516.
\217. 517.
218. I 518.
I 219. 51?,
1220. TOTAL PAID BY IFOR BORROWER: I 520, TOTAL REDUCflON IN AMOUNT:
I 300. CASH AT SETfLEMENT FROM(fO BORROWER: 600, CASH AT SE:.TI'LEMENT TO/FROM SELLER:
I 301. Gross amount due from borrower(line 120) I 29,695.25 WI. Gross amount due to seller(line 420) 29,100.40
I 302. Less amounts paid byjror borrower(line 220) 602, Less total reductions in amount due seller(line 520)
1303, CASH IX FROM] r 1'01 BORROWER: I 603, CASIl r X 1'01 r FROMl SELLER: ",.
29,695.25 29,100.40
:j
Fi le 93122724B L. SETTLEftrlT"CHARGES I PAID FROM PAID FROM
BORROWER'S SELLER'S
FUNDS FUNDS
700. TOTAL SALES/BROKER'S COMMISION Ba on $ @ %= AT SETTLEMENT AT SETILEMENI
Division oC Commission (line 700) as Collows:
701. $ to
I 702. $ to
I 703. Commission paid at settlement
I 704.
I BOO. ITEMS PAYABLE IN CONNECfION WITH LOAN. 1
801. Loan OriRination Cee % I
I ---- ------- .-_._--_._.._._-_.~-
802. Loan Discount %
+______.._.__.___._u. -,.---
803, Appraisal Cee to
--_.'. +...-.--.-.-..-----......- - .-...- ..---..--------
804. Credit Report to
--- ~
805, Lender's inspection fee 10
~_______ _________ _..__..._..____ 0'" ___' . __0._' --_.----- .-.---.--.--.--- ---'-
806, MortRa/(e Insurance application Cee to
807. Assumption Fee to
808, Commitment Fee to
809. FNMA Processinlt Fee to
_______._____________._.._ h._._._ ._.. ._..,._. -.- .. ._._u ."-"---'. ..~._-_.. ~--- ----- --- --
810. Pictures to
I --.----..--...'.----.-.- .-.. -----.-.---- -
811. to
812. to I
900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE.
9lH. Interest Crom to @$ /day
902, MortRa/(e insurance premium Cor 1110. to
I 903. I-Iazard insurance premium Cor yrs. to
I 904. Flood Insurance yrs.lo
905.
1000. RE.<;ERVES DEPOSITED WITH LENDER
100 I. 1.lazard Insurance 1lI0,@$ perillo.
1002. Mort/(alte insurance 1ll0,@$ pCI' 1110.
1003. City property taxes mo,@$ pcr 1110.
I 1ll04. County property taxes mo.@$ pcr 1110,
11005. Annual assessments (Maint.) 1lI0.@$ per 1110,
11006. School Property Taxes 1lI0.@$ pCI' 1110,
I 1007. Water Disl. Prop. Tax mo.@$ pcr 1110.
I 1008, Flood Insurance mo.@$ pcr 1110.
I
1100. TITLE CHARGES:
110 I. Settlement or c10sinlt Cee to I
1102, Abstract or title search to I
1103. Title examination to
I 1104. Title insurance binder to
I 1105. Document preparation to
1106. Notary Cee to
1107. Attorney's Cee to to
(includes above items No.:
11108, Title insurance to STEWART TITLE COMPANY 439.00
I (includes above items No.:
I 1109, Lender's coveralte 0.00 $
lillO, Owner's covera/(e 29,100.40 $ 439.00
1111. Escrow Cee to STEWART TITLE COMPANY 50.00
1 1112. RH~,KXKK~XXXXXXXXXXXXXXXXX COPIES to STEWART T I HE COMPANY 15.00
1 1113, Messenlter Service to
11114. PREMIUM-DELETION AREA/BOUND EXC to STEWART T I HE COMPANY 65.85
11200. GOVERNMENT RECORDING AND TRANSFER CHARGES I
/
I 120 I. Recordinlt Cees: Deed S 25.00 Mrtg$ Rcl. $ 25.00
11202. City/county tax/stamps: Deed $ Mrlg$
I 1203. State tax/stamps: Deed $ Mrtg$
I 1204, Tax certiCicates to
11205. to
1206. to
I 130f). ADDITIONAL SETILEMENT CIIARGE.<:; I
I 130 I. Survey to I
I 1302, Pest inspection to
11303. 10
11304, to I
1305, to
11400, TOTAL SETrLEMENT CHARGE.<:; (entercd on lincs lO3. Seclion.l and 502, Section K) 594.85 ,
CERTIFICATION: I have carefull reviewed the IIUD-1 ,Settlcmcnt Stiltcn]cnt and to Ihe bcst of my kno\yle~e and bcliUt is a true and accurate statement of all
receipts and disbu ~le ts made lyaccount by n mthls lransactlon, furlhcr certify that I havc rccclve a copy of H -1 Settlement Statement.
Borrowers " -.. Scllers '
II - ~
To the \lest m6 . ent~n 'n :':..:.: I",,~ ,,,cparcd is a j;d accurate ac nt 0 ~ received and have been
or will be dlsbu ed . e c Ihls transactIon.
Settlement Agent Datc
, - - - '"
SELLER'S AND/OR PURCHASER'S STATEMENT Seller's and I'urdwser's siWHllur!: hereon acknowledges Ijis/their agrroval oC tax ~r~rations and signiCies their
understandinti tHat &rorations were based on taxes Cor the Frecedinlk year or eslillates lor the currcnt year, and m the eve oC an~ c~an e or the cugent lear, all
nectys:;at)' ad] stmel1 s must bemade etween Seller jlnd Pur 'haser; II 'ewisty any default in delinquellltaxes Will be reimbursed to Tit e 'on I,m b the elle.
,fllle Com&a~. m }Is ca~acip' a:; ~crow Agent, IS a~!;I ha~ been authOrized to degoslt all funlls It receives m this transaction in an~ ina:fc13~inltitU!i~n. w~?t~er
lI[fillat!=d or n t. uch man ial i stltu\IOll ml!~ ~.rovide' 'Itle :omp,anr, computer ace 1lI.ntin~and audil selvice1\ direct~ ofi thry,ugh a s parate entit~ whlc . If a illated with
lltle Co"'.ranrs' maJ; chllrge the manclal/nstl u Ion reasonabl~ anll r. 'oRer compensallon lerfore and Jelllln any ro ItS t l~refro{l1. A~lI rc~ ceeMald bX an~ party
involved I th s tra sachon shall i be Of c lec"-writin% and mgu\ 0 I Ie computers, but npt or afore:;ai aceountll1Jisnd \lud.t selV)ces. I} e nwrn shall ot e
liable Cor &nl mterest or othet char es on. t Ie earnest m n~ 'In s lall be undcr po dutr. 10 IOvesl f,lr re,"vest funds h b;; It at an~ lime. e ers an . Ifhasers ~erebl
acknowle and COl\sen t e dl; osit of the serow 19.n 10 Cinancial inst'tullo s w th whjch rille Com, any has or m hav 0 her lank. relations i s a.nd urth r
consent tp~he retentlo?bX<yjtle. /l1J.ilnx and'or its a7['lia(es oC .an~ and alll~c"e~ts (mcludm~ :lllv:lIllagcr.us mterest ratls on ~oans) fitle ~Empany andror liS arc.liates
may-{{celve {rom such 10 nClalll1stlt 110 s bl reason 0 theIr maIO I 'nallCC of Sal~ escrow aeq' IOIS.
Ie parlles have read ove se ce . recog . e th t the recitatIons hercll1lue ml1tenal, agree to Slime, and recognize Tille C.ompany is relying on the same.
Purchasers/Borrowers -- Seller<'
J.., -, I
WARNING: hi! a-c~e t~ ?tQwrT~tT... lIJse ateme?J\s 10 the Unitcd States on this or l1ny othcr similar form, Penalties upon conviction can include a Cine and
imprisonment. or delails see: itl : ".. Co e clion Il II and Section III Ill.
:;):
':~;
--- ---
e e
e REQUEST FOR CITY COUNCaENDA ITEM
Agenda Date Requested: December 13. 1993
Requested By: Charles Harrinaton 0\L~, Department: Plannina
Report Resolution X Ordinance
Exhibits:
1. Ordinance
SUMMARY & RECOMMENDATION
Backaround
Since 1992, Harris County has embarked upon a widening program for Underwood Road
from S.H. 225 to Fairmont Parkway. This project has involved the acquisition of additional
right-of-way from adjoining property owners. In several areas along the proposed project,
the City has existing utility lines located in easements that must be moved for the
construction of this project.
Harris County has requested that the City abandon its easements adjacent to Underwood
Road from Spencer Highway to a point 3,300 feet north of Pasadena Blvd. to allow for
the construction of the new roadway. In exchange for this abandonment, Harris County
will relocate all of the utility lines, at no expense to the City, to the edge of the new right-
of-way.
In order to accomplish this abandonment, the attached ordinance must be adopted by
the City Council.
llecommendatlon
Staff recommends approval of the abandonment of the easement.
Action Required by CounCil:
Adopt the ordinance that abandons all easements along Underwood Road from Spencer
Hwy. to a point 3,300 feet north of Pasadena Blvd. In exchange, Harris County will
relocate all existing utility lines.
Availability of Funds: NlA
- General Fund - Water lWastewater
- Capital Improvement - General Revenue Sharing
- Other
Account Number: Funds Available: YES NO
Aooroved for Cltv Council Aaend~
;r~4 /K/8 /';1
( { DATE
nager
e e
City of La Porte, Texas Ordinance No. 93- 1 9 5 6
AN ORDINANCE FINDING AND DETERMINING THAT PUBUC
CONVENIENCE AND NECESSITY NO LONGER REQUIRE THE COl'lul'illED USE
OF CERTAIN DRAINAGE AND JOR Ul1LlTY EASEMENTS LOCAu:~V IN A FORTY
FOOT WIDE STRIP OF lAND IN HARRIS COUNTY, TEXAS, SAID STRIP OF lAND
BEING MORE FULLY DESCRIBED IN THE BODY OF TIllS ORDINANCE;
VACATING AND ABANDONING SAID EASEMENTS TO HARRIS COUNTY, TIIE
ABu lUNG PROPERTY OWNER, IN CONSIDERATION OF HARRIS COUNTY'S
RELOCATING 1HE cni OF 1A PORTE'S UT1LITY UNES; CONTAINING
VARIOUS FINDINGS AND OTHER PROVISIONS RELALbV TO THE SUBJECf;
AND DEClARING AN EMERGENCY.
* * * * * * *
WHEREAS, Harris County (the "County") has acquired a strip of land approximately
forty feet wide adjoining the east side of Underwood Road from Spencer Highway to
approximately 3300 feet North of Pasadena Boulevard; and
WHEREAS, the County contemplates using said forty foot strip of land for the
widening of Underwood Road; and
WHEREAS, the City of La Porte, Texas (the "City") owns various utility andjor
drainage easements within said forty foot strip of land; and
WHEREAS, the widening of Underwood Road from 13th Street to Spencer Highway
will be a mutual benefit to the City and County; and
WHEREAS, the City desires to cooperate with the County in such widening; and
WHEREAS, the County has requested that the City vacate and abandon the City's
drainage andj or utility easements; and
WHEREAS, the City is willing to vacate and abandon the said drainage andj or
utility easements, upon the County's relocation of the City's utility lines.
BE IT ORDAINED BY THE cni COUNCIL OF THE LU i OF 1A PORTE,
TEXAS:
Section 1. The City Council hereby adopts the findings set out in the preamble
hereof and finds and determines that public convenience and necessity no longer require the
continued use of the drainage andj or utility easements located in a forty foot wide strip of
land described by metes and bounds in Exhibit" A", attached hereto and made a part hereof;
and said drainage andj or utility easements are hereby vacated and abandoned in
consideration of the County's relocating the City's utility lines in the Underwood Road right-
of-way according to the plans and specifications for Harris County Job #: PIN
,
Ordinance 93-195~ e Page 2
B/102/1287/017 prepared by Sparks and Barlow, inc., such vacation and abandonment being
effective upon the County's relocation of the City's utility lines.
Section 2. The City Council hereby abandons any and all drainage and/or utility
easements owned by the City and located within the said forty foot wide strip of land,
described by metes and bounds in Exhibit" A", attached hereto and made a part hereof for
all purposes.
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
therof 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. It is ORDERED that the City Secretary cause a certified copy of this
Ordinance to be filed in the Official Public Records of Real Property of Harris County and
do any and all things necessary or convenient to record said Ordinance.
PASSED AND ADOPTED on this the 13th day of December , 1993.
MYl<OVED on this the 13th day of December , 1993.
l"Jt~
-Meyer of the City of La Porte, Texas
E. G. Clarke, Mayor Pro Tem
Attest:
. ,(a:rj41.j)fW.~Pj 4A-ff. fctL(!ztj dU'/uL(f
6 ~) k SUE LENES, City Secretary
MrKOVED:
6u~~
KNOX ASKINS, City Attorney
e e
PROPOSED ABANDONED EASEMENTS
ALONG UNDERWOOD ROAD
EXHIBIT A
Back up information for this item contains 41 pages of Exhibits including
recorded description with meets and bounds for each parcel of land involved
along Underwood Road.
In the interest of keeping the agenda package to a minimum, these pages
were not copied for each package, however, a copy is available for your
review in the City Secretary's office.
e e
J by
Iv
, /
~~}
~T FOR CITY COUNCIL AGEND~
-
Agenda Date Requested: December 13. 1993
Requested By: s. Gillett ~ Department: Pu.hlic WorklL
Report Resolution XXXX Ordinance
Exhibits: Ordinance No.
Lease for Fixed Base Operations
... -- . .--.. .....
---- ,....
SUMMARY & RECOMMENDAtION
The lease currently held by D.E. Aviation (H&R Aviation), at the La Porte
Municipal Airport, expires on December 31, 1996. The Lessee desires to
construct new hanger facilities, the financing of which requires a long-
term lease. The Lessee has requested the City to enter into a new lease
beginning January 1, 1994 and terminating December 31, 2014.
The proposes Lease is identical to recent leases approved by Council, and
provides for cost-of-living increases based on the Consumer Price Index.
The proposed lease conforms to the most recent Airport Master Plan.
Action Required by Council: Approve Ordinance No. authorizing the City
Manager to execute a twenty (20) year lease between the City of La Porte
and D.E. Aviation, a partnership, for the operation of Fixed Base
Operations (FBO) at the La Porte Municipal Airport.
Availability of Funds:
General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other
Account Number: N/A Funds Available: YES NO
-
...
Aooroved for Citv Council Aaenda
~J.,/,~
D T;' f
- -
----
e e
\
ORDINANCE NO. 93- 1957
AN ORDINANCE APPROVING AND AUTHORIZING A LEASE FOR FIXED BASE
OPERATIONS FOR CITY OF LA PORTE MUNICIPAL AIRPORT BETWEEN THE CITY
OF LA PORTE, LESSOR, AND D. E. AVIATION, LESSEE; MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; 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.
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ORDINANCE NO. 93- PAGE 2
Section 3. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
PASSED AND APPROVED, this 13th day of December, 1993.
CITY OF LA PORTE
By:
Norman .L. Malone,
Mayor
ATTEST:
Sue Lenes,
City Secretary
APP~ ~
Kno'X' W. Askins,
City Attorney
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AGREEMENT AND LEASE
FOR FIXED BASE OPERATIONS
FOR CITY OF LA PORTE MUNICIPAL AIRPORT
THIS AGREEMENT AND LEASE, made and entered into this 1st day
of January, 1994, by and between the city of La Porte, a municipal
corporation organized and existing under the laws of the State of
Texas, hereinafter referred to as "Lessor" and D.E. Aviation, a
General Partnership consisting of E. Harvey and Deborah Rihn,as
Co-Partners, hereinafter referred to as "Lessee."
WIT N E SSE T H:
WHEREAS, the Lessor controls and operates an airport known as
La Porte Municipal Airport, located in the City of La Porte, State
of Texas, which airport and any additions or improvements thereto
or changes therein which the Lessor hereaLter makes or authorizes
are hereinafter collectively referred to as the "Airport", and,
WHEREAS, the parties hereto desire to enter into an Agreement
and Lease for the use of premises and facilities at the Airport
all as more fully hereinafter set forth.
NOW, THEREFORE, for and in consideration of the mutual
covenants and agreements herein contained, the Lessor and the
Lessee do hereby mutually undertake, promise and agree, each for
itself and its successors and assigns, as follows:
ARTICLE I - TERM OF AGREEMENT
The term of this Agreement and Lease shall be for the period
commencing January 1 , 1994 , and terminating December 31 , 2014 ,
unless sooner terminated as hereinafter provided.
ARTICLE II - LEASED PREMISES AND FACILITIES
1. The Lessor, in consideration of the compensation and sundry
covenants and agreements set forth herein to be kept and performed
by the Lessee, does hereby, and by these presents, demise and lease
unto the Lessee, upon the conditions hereinafter set forth, all of
which the Lessee accepts, the exclusive use and occupancy of the
Leased Premises, to-wit:
Property at La Porte Municipal Airport, consisting of 3.315
acres, more or less, identified as "Fixed Base Operator Area"
on Exhibit "A" attached hereto and made a part of this
Agreement.
The location and boundaries of said Leased Premises, as indicated
on Exhibit "A", attached hereto, are stipulated and agreed between
the parties to be correct and by reference are made a part hereof.
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2. Lessee takes all of such property in its present condition "as
is", and except as otherwise specifically provided herein, agrees
to provide all necessary and reasonable maintenance and repairs in
order to maintain such property in a usable condition.
3. Lessee shall make available to the public for rental purposes,
the T-Hangars and tie-down facilities leased to Lessee herein. In
its rental of such T-Hangars and tie-down facilities, the Lessee
shall provide reasonable rental rates, consistent with industry
standards for this region. Notwithstanding any other provision of
this Agreement, the parties recognize and agree that Lessee is not
herewith given and shall not exercise exclusive control over the
ramp area not specifically leased under this Agreement; and that
the public shall have the right, at all time, to ingress and
egress, over and through said area, as reasonably necessary for the
use by the public of airport facilities at La Porte Municipal
Airport.
4. The Lessor expressly reserves from the lease of the Leased
Premises the following:
A. All gas, oil and mineral rights in and under the soil.
B. The right to grant utility rights-of-ways to others over,
under, through, across or on the Leased Premises,
provided that such use will not unreasonably or
materially interfere with the Lessee's use of the Leased
Premises.
ARTICLE III - RENTALS AND CHARGES
1. For the Leased Premises, as described in Article II, the basic
ground rental calculated for an index value of 100.0 is Eight
Hundred Seventy-one and 20/100 Dollars ($871.20) per acre per year.
The actual rentals for the Leased Premises, to be paid to the
Lessor by the Lessee, shall be determined by multiplying said basic
rentals specified under paragraph 1 above by the index value
determined for successive calendar years in the manner herein set
forth.
The index value for the calculation of actual rental rates shall
be based on the Consumer Price Index for All Urban Consumers, using
as base year 1982-84 = 100, published by the Bureau of Labor
statistics of the United States Department of Labor, and shall be
calculated as follows:
A. The index for any particular lease year shall be the
index for the month of January of the calendar year next
preceding the year for which the calculation is made.
The index for the year 1993 is 142.6, resulting in an
annual rental rate of Twelve Hundred Forty-two and 33/100
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Dollars ($1,242.32) per acre for the lease year beginning
January 1, 1994. This rate results in a total 1994 lease
year ground rental for the Leased Premises of Forty-one
Hundred Eighteen and 32/100 Dollars ($4 , 118 . 32) .
B. The actual rental rate shall be determined prior to
January 1st of each lease year and shall be effective for
that lease year.
C. In the event that the united states Department of Labor
discontinues publication of the above index or data from
which the index can be directly computed, or if the
method for the determination of such index is
substantially different than that existing at the time
this Agreement and Lease is executed, the basis for the
rental rate adjustment shall be the most closely
comparable index published by the u.s. Government.
2. The parties recognize that Lessee shall lease to tenants,
facilities for the storage and/or tie-down of aircraft within
leased properties described as "Designated Use Area" on Exhibit
"A". The Lessee shall have the right to provide additional T-
Hangar or tie-down facilities on the property leased herein, but
any such additional facility shall only be provided after specific
written authorization from the Lessor. Additional facilities shall
be provided only in areas specifically authorized by the Lessor and
shall be hardsurfaced rather than grass areas. The parties further
agree that no aircraft will be tied-down on grass surface areas
within Lessee's leased premises after the year 1994.
3. The rental above provided for during the term of this
Agreement and Lease shall be paid monthly, in sum equal to 1/12 of
the annual rental due hereunder, in advance on the first day of
each and every month. In the event that this Agreement and Lease
commences or terminates other than on the first or last day of the
month, pro-rata payments shall be made for the fractional part of
a month involved.
4. The Lessor is entitled to collect and the Lessee agrees to
pay, all rentals due under this Agreement and Lease to the City of
La Porte, La Porte Municipal Airport, La Porte, Texas, without
notice to the Lessee. Rentals more than thirty (30) days past due
may be subject to a service charge of one percent (1%) per month,
based on an annual rate of twelve percent (12 %) .
5. without prejudice to any other remedy which otherwise might
be used for arrears of rent or other breach of this Agreement, if
the Lessor is required or it elects to pay any sum or incurs any
obligations or expense, by reason of a failure, neglect or refusal
of the Lessee to perform anyone or more of the terms, conditions
or covenants of this Agreement and Lease or as the result of any
act or omission of Lessee contrary to said terms, conditions and
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covenants, the sum or sums so paid or the expense so incurred,
including all interest, costs, damages and penalties may be added
to any installment of rent thereafter due hereunder and each and
every part of the same shall be and become additional rent
recoverable by the Lessor in the same manner and with like remedies
as if it were originally a part of the rent as set forth
hereinabove.
ARTICLE IV - ACTIVITIES. USES. PRIVILEGES AND
OBLIGATIONS OF THE LESSEE
1. A Fixed Base operations is defined as a commercial aviation
activity conducted by a person, partnership, firm or corporation
engaged in the hangaring, maintenance, care and operation of
aircraft for use by the public, and such other activities as may
be pertinent to such use. This definition specifically includes
all terms as set forth in Minimum Standards for Equipping &
Operating A General Fixed Base operation at the La Porte Municipal
Airport, made a part hereof by reference and attached as Exhibit
"B" . .
2. During the term of this Agreement and Lease, the Lessee agrees
to use the Leased Premises for the purposes or activities stated
above, subject to the conditions generally or particularly set
forth herein, and not to use or permit the use of the Leased
Premises or any part thereof for any purposes or activities other
than those specifically stated above without first obtaining the
express, written approval of the Lessor.
3. Lessee agrees that the rights and privileges granted herein
are non-exclusive except as to the Leased Premises which shall be
for the exclusive use of the Lessee.
4. The Lessee agrees that the Lessor has the right to adopt and
enforce reasonable rules and regulations and that it and all its
employees, agents and servants will faithfully observe and comply
with all rules and regulations as may from time to time be
promulgated by the Lessor, the United States of America or by any
department or agency thereof, the State of Texas and the City of
La Porte.
5. The Lessee agrees, at its own expense, to pay any and all
taxes levied by the City, County or other appropriate governmental
units and to pay any and all costs or charges for utility services
furnished to or required by the Lessee.
6. The Lessee will not suffer or permit to be maintained upon the
Leased Premises or upon the exterior of any improvements or
appurtenances thereto any billboards, signs or other advertising
media except those which have prior written approval of the Lessor.
Flashing, rotating, animated or intermittent illuminated type signs
are prohibited.
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7. Lessee shall utilize on the Airport, only service contractors
authorized to operate at the Airport, including, but not limited
to vendors of aircraft, aircraft parts, service and fuel, car
rental service, taxicab service, vending machine service and the
like; it being understood that fees may be imposed or collected by
the Lessor from such contractors for the privilege of operating at
the Airport.
ARTICLE V - RIGHTS AND COVENANTS OF THE LESSOR
1. The Lessor covenants that it is well seized of the Leased
Premises and has good title thereto free and clear of all liens and
encumbrances and has full right and authority to lease the same as
herein set forth.
2. The Lessor covenants that the Lessee shall have peaceful
possession and quiet enjoyment of the Leased Premises during the
term hereof so long as the Lessee performs and observes all of the
covenants, agreements, terms and conditions hereof.
3. The Lessor reserves the right to maintain and keep in repair
the landing area of the Airport and all publicly owned facilities
of the Airport, together with the right to direct and control all
activities of the Lessee in this regard.
4. The Lessor reserves the right further to develop or improve
the landing area and all publicly owned air navigation facilities
of this Airport as it sees fit, regardless of the desire or views
of the Lessee, and without interference or hindrance.
5. The Lessor reserves the right to take any action it considers
necessary to protect the aerial approaches of the airport against
obstruction, together with the right to prevent the Lessee from
erecting, or permi tting to be erected, any building or other
structure on the airport which in the opinion of the Lessor would
limit the usefulness of the Airport or constitute a hazard to
aircraft.
6. During time of war or national emergency Lessor shall have the
right to enter into an agreement with the unites States Government
for military or naval use of part or all of the landing area, the
publicly owned air navigation facilities of the Airport. If any
such agreement is executed, the provisions of this instrument,
insofar as they are inconsistent with the provisions of the
agreement with the Government, shall be suspended.
7. This Agreement shall be subordinate to the provisions of any
outstanding agreement between Lessor and the united States relative
to the maintenance, operation or development of the Airport.
8. It is understood and agreed that the rights granted by this
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Agreement will not be exercised in such a way as to interfere with
or adversely affect the use, operation, maintenance or development
of the Airport.
9. There is hereby reserved to the Lessor, its successors and
assigns, for the use and benef it of the public, a free and
unrestricted right of flight for the passage of aircraft in the
airspace above the surface of the premises herein conveyed,
together with the right to cause in said airspace such noise as may
be inherent in the operation of aircraft, now known or hereafter
used for navigation of our flight in the air, using said airspace
for landing at, taking off from, or operating on or about the
Airport.
ARTICLE VI - IMPROVEMENTS AND MAINTENANCE
1. Lessee agrees that construction of all facilities,
improvements or appurtenances on or in connection with the Lease
Premises is prohibited without the express written consent of the
Lessor before commencement of said constr~ction. All facilities,
improvements, or appurtenances proposed for construction shall
comply with all existing applicable codes, ordinances, laws and
regulations relating thereto.
2. Lessee agrees that T-Hangars constructed within the designated
liT-Hangar Development Area" will be built in structures containing
no fewer than ten (10) units each.
3. The Lessee agrees that no obstruction to air navigation as
such are defined from time to time by application of the criteria
of Part 77 of the Federal Aviation Regulations or subsequent and
additional regulations of the Federal Aviation Administration will
be constructed or permitted to remain on the Leased Premises. Any
obstructions shall be removed by the Lessee at its expense. The
Lessee agrees not to increase the height of any structure or
objects or permit the growth of plantings of any kind or nature
whatsoever that would interfere with the line of sight of aircraft
operating on or above the Airport in airspace protected under rules
prescribed by FAR Part 77. The Lessee further agrees not to
install any structures, objects, machinery or equipment that would
interfere with operation of navigation aids or that would interfere
with the safe and efficient operations of the Airport, or interfere
with the operations of other tenants and users of the Airport.
4. The Lessee agrees that all utility services required by it
during the lease term for the Lease Premises must be paid for by
the Lessee including the maintenance cost of service lines.
5. The Lessee agrees, at its own expense, to cause the Leased
Premises and any improvements and appurtenances thereto to be
maintained in a tenantable and in a safe, neat, clean and
presentable condition including, but not limited to, the necessary
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mowing and snow removal of the Leased Premises during the
appropriate periods of the year.
6. The Lessee agrees, at its own expense to keep and maintain in
good repair, all structures, pavements, utilities and all other
improvements and appurtenances within and upon the Leased Premises.
Lessee further agrees that Lessor shall have no maintenance
responsibilities with respect to the Leased Premises.
7. Lessee agrees, at his own expense, to remove all waste,
garbage, and rubbish from the Lease Premises, and agrees not to
deposit the same on any part of the Leased Premises except
temporarily in connection with collection for removal. No waste,
garbage or rubbish will at any time be deposited on any other area
of the Airport.
8. Lessee agrees to provide, at its own expense, such janitor,
toilet, and cleaning services and supplies as may be necessary or
required in the operation and maintenance of the Leased Premises
and the improvements and appurtenances thereto.
9. The Lessor and its authorized officers, employees, agents,
contractors, subcontractors, and other representatives shall have
the right to enter upon or in the Leased Premises and any
improvements thereon for the following purposes:
A. To inspect the Leased Premises and any improvements
thereon at reasonable intervals during regular business
hours or at any time in case of emergency, to determine
whether the Lessee has complied and is complying with the
terms and conditions of this Agreement and Lease with
respect to such Leased Premises.
B. To perform any and all things which the Lessee is
obligated to do and has failed, after reasonable notice
to do, including maintenance, repairs and replacements
of any portion of the Leased Premises, improvements or
appurtenances thereto, in which event the Lessee agrees
to reimburse the Lessor for reasonable costs thereof
promptly upon demand, as set forth herein before.
C. In the exercise of the Lessor's police power.
D. To inspect the Leased Premises and perform any and all
things with reference thereto which the Lessor is
obligated or authorized to do as set forth herein.
No such entry by or on behalf of the Lessor within or upon the
Leased Premises or any improvements thereon shall cause or
constitute a termination of the letting thereof or be deemed to
constitute an interference with the possession thereof by the
Lessee.
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10. Upon termination of this Agreement and Lease at the expiration
of the term or for any other reason or cause, the Lessee shall have
the right to remove any structures or other improvements and all
machinery, fixtures, apparatus and equipment owned by the Lessee
and located on the Leased Premises for a period of 120 days after
said termination date and upon payment of rentals as provided in
Article III hereof to the date of removal of said improvements.
The Lessor shall be entitled to have the Lease Premises herein
demised returned to it clear of all improvements owned by the
Lessee and may require the Lessee to make such restoration by
written notification within 120 days following termination of this
Agreement and Lease; and, in the event of the failure by the Lessee
to restore the Leased Premises as herein required, within 120 days
of said written notification, then the Lessor may make such
restoration at the Lessee's expense. In the event that Lessee does
not remove all said improvements or equipment, and the Lessor
elects not to require said restoration of the Leased Premises, then
upon the expiration of 120 days from the date of termination of
this Agreement and Lease, all structures o~ other improvements and
all machinery, fixtures, apparatus and equipment located on the
Leased Premises shall become the property of the Lessor.
ARTICLE VII - INDEMNIFICATION AND INSURANCE
1. The Lessee covenants and agrees to indemnify and save harmless
the City of La Porte, its officers, agents and employees, their
successors and assigns , individually or collectively, from and
against all liability for any fines, claims, suits, liens, demands,
actions or cause of action of any kind or nature for personal
injury or death, or property damage in any way arising out of or
resul ting from any acti vi ty or operation of the Lessee on the
Leased Premises or in connection wi th its use of the Leased
Premises, and the Lessee further agrees to pay all expenses in
defending against any such claims made against the Lessor,
including reasonable attorney's fees; provided, however, that the
Lessee shall not be liable for any injury, damage or loss
occasioned by the sole negligence or willful misconduct of the
Lessor, its agents or employees. The Lessee and the Lessor shall
give prompt and timely notice of any claim made or suit instituted
which, in any way, directly or indirectly, contingently or
otherwise, affects or might affect either party. If the Lessee
fails, after written notice from Lessor, to so save harmless and
indemnify Lessor, Lessor shall have the right, in addition to its
other legal remedies, to declare a default in Lessee's obligation
to fulfill and comply with the terms and conditions of this Lease,
and Lessor may then proceed to termination of the Lease pursuant
to Article IX hereof.
2. The Lessee shall procure and maintain in effect during the
term of this Agreement and Lease insurance with companies licensed
to do business in the State of Texas, and naming the Lessor as an
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additional insured and containing a cross liability agreement,
providing the following coverages:
~IRCRAFT LIABILITY
Bodily Injury One Hundred Thousand Dollars
($100,000) each person
One Million Dollars
($1,000,000) each accident
Property Damage Five Hundred Thousand Dollars
($500,000) each accident
Passenger Legal Liability One Hundred Thousand Dollars
($100, 000) each passenger seat
Or alternatively a single limit legal liability policy (public
liability and property damage) of not less than One Million Dollars
($1,000,000) which may include a limit of One Hundred Thousand
Dollars ($100,000) each person.
COMPREHENSIVE PUBLIC LIABILITY
AND COMPREHENSIVE PROPERTY DAMAGE
Bodily Injury One Hundred Thousand Dollars
($100,000) each person
One Million Dollars
($1,000,000) each accident
Property Damage Five Hundred Thousand Dollars
($500,000) each accident
Or alternatively a single limit legal liability policy (public
liability and property damage) of not less than One Million Dollars
($1,000,000) which may include a limit of One Hundred Thousand
Dollars ($100,000) each person.
3. A certified copy of each policy evidencing the existence
thereof shall be delivered to the Lessor within ten (10) days after
the execution of this Agreement and Lease. Each such copy shall
contain a valid provision or endorsement that the policy may not
be cancelled, terminated, changed or modified without giving ten
(10) days written advance notice thereof to the Lessor. Each such
policy shall not, without obtaining express advance permission from
the Lessor, raise any defense involving in any way the immunity of
the City of La Porte, its members, officer, agents, or employees,
the governmental nature of the Lessor, or the provisions of any
statutes respecting suits against the city.
4. The Lessee shall furnish to the City satisfactory evidence
that it carries Workmen I s Compensation Insurance in accordance with
the laws of the State of Texas.
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5. In the event that any repairs, alterations, additions, or
improvements are made, in, on or to the Leased Premises by reason
of the use and occupancy of the Leased Premises by the Lessee, then
the Lessee covenants and agrees to make such repairs, alterations,
additions, or improvements in, on or to the Leased Premises at its
own expense. The Lessee covenants and agrees to indemnify and save
harmless Lessor from and against all expenses, liens, claims, or
damages to either persons or property which mayor might arise by
reason of any repairs, alterations, additions, or improvements made
by the Lessee in, on or to the Leased Premises.
ARTICLE VIII - TERMINATION OF LESSEE
1. In addition to all other remedies available to the Lessee, this
Agreement and Lease shall be subject to cancellation by the Lessee
should anyone or more of the following events occur:
A. The permanent abandonment of the Airport.
B. The issuance by any court of competent jurisdiction of
any injunction preventing or restraining the use of the
Airport in such manner as to substantially restrict the
Lessee from conducting its fixed base operation, and the
remaining in force of such injunction for at least sixty
(60) days.
C. The breach by the Lessor of any of the terms, covenants,
or conditions of this Agreement and Lease to be kept,
performed, and observed by the Lessor, and the failure
of the Lessor to remedy such breach for a period of sixty
(60) days after written notice from the Lessee of the
existence of such breach.
D. The assumption by the United States Government, or any
authorized agency thereof, of the operation, control or
use of the Airport and its facilities in such a manner
as to substantially restrict the Lessee from conducting
its operation, if such restrictions be continued for a
period of three (3) months or more.
ARTICLE IX - TERMINATION BY LESSOR
1. In addition to all other remedies available to the Lessor, this
Agreement and Lease shall be subject to cancellation by the Lessor
should anyone or more of the following events occur:
A. If the Lessee shall file a petition of bankruptcy; or if
proceedings in bankruptcy shall be instituted against it
and it is thereafter adjudicated a bankrupt pursuant to
proceedings; or if a court shall take jurisdiction of the
Lessee and its assets pursuant to proceedings brought
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under the provisions of any Federal Re-Organization Act;
or if a Receiver for the Lessee's assets is appointed;
or if the Lessee shall be divested of its rights, powers
and privileges under this Agreement and Lease by other
operation of law.
B. If the Lessee shall defaul t in or fail to make any
payments at the times and in the amount required of it
under this Agreement and Lease.
C. If the Lessee shall abandon and discontinue the conduct
of a fixed base operation.
D. If the Lessee shall fail to perform, keep and observe all
the covenants and conditions contained in this Agreement
and Lease to be performed, kept and observed by it.
E. If the Lessee shall fail to abide by all applicable laws,
ordinances, rules and regulations of the united states,
state of Texas, or the City of La Porte.
Provided that upon happening of any of the contingencies recited
in subparagraphs B, C, D and E above the Lessor shall give written
notice to the Lessee to correct or cure such default, failure to
perform, or breach, and if, within thirty (30) days from the date
of such notice, the default, failure to perform or breach
complained of, shall not have been corrected in a manner
satisfactory to the Lessor, then, and in such event, the Lessor
shall have the right at once and without further notice to the
Lessee to declare this Agreement and Lease terminated and to enter
upon and take full possession of the Leased Premises and Leased
Facilities and, provided further that upon the happening of anyone
of the contingencies enumerated in subsection A hereof, this
Agreement and Lease shall be deemed to be breached by the Lessee
and thereupon ipso facto and without entry or any other action by
the Lessor, the Agreement and Lease shall terminate, subject to be
reinstated only if such involuntary bankruptcy or insolvency
proceedings, petitions for reorganization, trusteeship, receiver
ship, or other legal act divesting the Lessee of its rights under
this Agreement and Lease shall be denied, set aside, vacated or
terminated in the Lessee's favor within forty-five (45) days from
the happening of the contingency. Upon the happening of said
latter event, this Agreement and Lease shall be reinstated as if
there had been no breach occasioned by the happening of said
contingencies provided that the Lessee shall within ten (10) days
discharge any and all sums of money which may have become due under
this Agreement and Lease in the interim and shall then remain
unpaid and shall likewise fully perform and discharge all other
obligations which may have accrued and become payable in the
interim. The acceptance of rentals and fees by the Lessor for any
period or periods after a default of any of the terms, covenants,
and conditions herein contained to be performed, kept and observed
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by the Lessee shall not be deemed a waiver of any rights of the
Lessor to cancel this Agreement and Lease for failure by the Lessee
to so perform, keep, or observe any of the terms of this Agreement
and Lease to be kept, performed, and observed by the Lessee.
ARTICLE X - ASSIGNMENT AND SUBLETTING
1- The activities, uses, privileges and obligations authorized
herein are personal and the Lessee agrees that it will not assign,
subcontract, sublet, or underlet the same or any portion thereof,
or assign, subcontract, sublet or underlet the Leased Premises or
any portion thereof without the expressed consent of the Lessor in
writing and any purported assignment or subcontract in violation
hereof shall be void. In no case, however, may the activities,
uses, privileges and obligations authorized herein or the Leased
Premises or any portion thereof be assigned, subcontracted, sublet,
or underlet by the Lessee for any use other than herein specified.
All provisions of this Agreement and Lease applicable to the Lessee
hereunder shall be equally binding upon any party to which the
activities, uses, privileges and obligati,ons authorized herein,
leased Premises are assigned, subcontracted, sublet or underlet.
2. The Lessor will not be unnecessarily arbitrary in granting
said permission, but the Lessor shall be the sole judge as to the
reliability, capability, character, and desirability of the parties
involved.
ARTICLE XI - HOLDING OVER
1- In the event the Lessee shall hold over and remain in
possession of the Leased Premises herein leased after expiration
of this Agreement and Lease without any written renewal thereof,
such holding over shall not be deemed to operate as a renewal or
extension of this Agreement and Lease but shall only create a
tenancy from month to month which may be terminated at any time by
the Lessor
ARTICLE XII - SUCCESSOR AND ASSIGNS BOUND BY COVENANTS
1- All covenants, stipulations and agreements in this Agreement
and Lease shall extend to and bind the legal representatives,
successors, and assigns of the respective parties hereto.
ARTICLE XIII - GENERAL PROVISIONS
1- Notices to the Lessor provided for in this Agreement and Lease
shall be sufficient if sent by certified or registered mail,
postage prepaid, addressed to the City Manager, City of La Porte,
P.O. Box 1115, La Porte, Texas 77572, and notices to the Lessee if
sent by certified or registered mail, postage paid addressed to
Gulf Central Aviation, Inc., P.O. Box 656, La Porte, Texas 77572,
or to such other respective address as the parties may designate
12
e e
to each other from time to time.
2. The Lessee represents that it has carefully reviewed the terms
and conditions of the Agreement and Lease and is familiar with such
terms and conditions and agrees faithfully to comply with the same
to the extent to which said terms and conditions apply to its
activities, authorized and required by this instrument.
3. The term "Lessor" as used in this Agreement and Lease means
the City of La Porte, and where this Agreement and Lease speaks of
approval and consent by the Lessor, such approval is understood to
be manifested by act of the city Manager, except as otherwise
expressly stated in this Agreement and Lease.
ARTICLE XIV - INVALID PROVISION
1- In the event that any covenant, condition or provision herein
contained is held to be invalid by any Court of competent
jurisdiction, the invalidity of any such covenant, condition, or
provision shall in no way affect any othe~ covenant, condition or
provision herein contained; provided that the validity of any such
covenant, condition, or provision does not materially prejudice
either the Lessor or the Lessee in its respective rights and
obligations contained in the valid covenants, conditions, or
provisions of this Agreement and Lease.
ARTICLE XV - FEDERAL REOUIREMENTS
1- The right to conduct aeronautical activities or furnishing
services to the public is granted the Lessee subject to Lessee
agreeing to:
A. Furnish said services on a fair, equal and not unjustly
discriminatory basis to all users thereof, and
B. Charge fair, reasonable, and not unjustly discriminatory
prices for each unit or service; provided, that the
Lessee may be allowed to make reasonable and
nondiscriminatory discounts, rebates, or other similar
types of price reductions to volume purchasers.
2. The Lessee in exercising any of the rights or privileges
herein granted to it shall not on the grounds of race, color, or
national origin discriminate or permit discrimination against any
person or group of persons in any manner prohibited by Part 21 of
the Regulations of the Secretary of Transportation. The Lessor is
hereby granted the right to take such action, anything to the
contrary herein notwithstanding, as the United States may direct
to enforce this nondiscrimination covenant.
3. The Lessee assures that it will undertake an affirmative
action program as required by 14 CFR Part 152, Subpart E, to insure
13
e e
that no person shall on the grounds of race, creed, color, national
origin, or sex be excluded from participating in any employment
acti vi ties covered in 14 CFR Part 152, Subpart E. The Lessee
assures that no person shall be excluded on these grounds from
participating in or receiving the services or benefits of any
program or activity covered by this subpart. The Lessee assures
that it will require that its covered suborganizations provide
assurances to the Lessee that they similarly will undertake
affirmative action programs and that they will require assurances
from their suborganizations, as required by 14 CFR Part 152,
Subpart E, to the same effect.
ARTICLE XVI - FAVORED NATIONS CLAUSE
1. Lessor covenants and agrees not to hereafter enter into any
lease, contract, or agreement, nor any renewal of any existing
leases, with any other party with respect to the Airport,
containing more favorable terms than this lease or to grant to any
other operator rights, privileges or concessions with respect to
the Airport which are not accorded to Lessee hereunder, unless the
same rights, privileges and concessions are concurrently and
automatically made available to Lessee. It is understood and
agreed that the intent of the parties in this paragraph is to
provide that Lessee shall not be put at a competitive disadvantage
with any other operator rights, privileges or concessions which
have not been granted to Lessee or terms and condi tions more
favorable than those enjoyed by Lessee.
ARTICLE XVII - PRIOR LEASE
1. This Agreement of Lease supersedes that certain Airport Lease
Agreement between the City of La Porte, Lessor, and Robert A.
Gregory and James M. Williams, Lessee, dated January 1, 1977, and
expiring on the 31st day of December, 1996, which Agreement of
Lease was assigned to D.E. Aviation, a General Partnership
consisting of E. Harvey and Deborah Rihn, on the 5th day of August,
1981.
IN WITNESS WHEREOF, the parties have caused these presents to
be signed by their duly authorized representatives.
Lessor:
CITY OF LA PORTE
BY:
Norman Malone, Mayor
14
e e
ATTEST:
Sue Lenes, City Secretary
APPROVED:
Knox W. Askins, City Attorney
Lessee:
D.E. AVIATION
BY:
E. Harvey
Partner
BY:
Deborah Rihn
Partner
15
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'. . .. '.
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.-,' -C" :-:UTCHISON & ASSOCIATES, INC.
.," I I'v -. CONIIV...TIfID IUlafflltEnll
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1107 ,.....CICTWOOO OAIVI( - OAYTOWN, TltXAD 77810 - f'tIONII: 17111411-.112
.-
October 8, 1976 .
;
FI;:LO NOTES: AIRPORT GREGORY LEASE
BEING a parcel of land in La Porte, Harris County, Texas, and baing out of
tha W. M. Jonas Survey <A-482), and also situatad within the confines of
th~ La Porte Municipal Airport and being more particularly described by
w~t~s and bounds as follows:
CO:1i'IENCIi'IG at the Southeast corner of the La Porte Muni ci pa 1
Airport property, said point lying in the North Right-of-way
line of Spencer Highway;
TIIENCE North 890 33' West \-lith the North Right-of-way line
of Spencer Highway, being also the South ltne of the
aforementioned Airport property, a distance of 100 feet to
a point;
THENCE North parallel to and 100 feet from the East line
of the said Airport property a di'stance of 426.19 feet to
to the POINT OF BEGINNING, said point being marked with an
iron rod;
THENCE Morth 520 20' 30" West parallel to and 300 feet from
the centerline of the existing NW~SE runway a distance of
580.00 feet to a point for corner, marked with an iron rod;
THENCE North 370 39' 30" East a distance of 315 feet to a
point for corner, marked with an iron rod;
THENCE South 520 20' 30" East a distance of 336.91 feet to
a point for corner, marked with an iron rod;
TIIENCE South parallel to and 100 feet from the East line
of the said Airport property, a distance of 397.89 feet
to the POINT OP BEGINNING, encloSing a tract of land '. _,
containing 3.315 acres (144,412.702 SQ. FT.), more or less.
~,!.'~M_'~ p l\~~I.~~ '"i"':~~ :C'~.t~,,:,.\.
t~~iS P. HUTCHISON, ENG. REG. 23549 (c. 1 ~ '.;:. W 1 f.o.:~'.
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LA PORTE MUNICIPAL AIRPORT
-D.E. AVIATION LEASE
11-9-1993
e e
REO~T FOR CITY COUNCIL AGEND~EM /
-
Agenda Date Requested: December 13. 1993
Requested By: S. Gi~t -~ Department: Public Works
f- -
Report Resolution XXXX Ordinance
Exhibits: Ordinance No.
Engineer's Recommendation and Bid Tabulation
.,-----
SUMMARY & RECOMMENDATION
Sealed bids were received from four contractors for the construction of
Lift Station 30. The Project is required by the extreme deterioration of
the wet well due to hydrogen sulfide. Previous engineering evaluation
recommended the complete replacement of the structure. Low bid was
submitted by Tri-Tex Construction in the amount of $116,737. The Project
budget is $100,000.
The Engineer, Manning Engineering, contacted the low bidder to attempt to
identify cost-saving measures. The problem is the lack of significant
footage of deep sewer to spread the cost of trench safety, increasing the
cost to connect the proposed new wet well to the existing . .
lncomlng sewer
line and the existing force main. However, the Contractor did negotiate a
reduction with the pump supplier ($3,000) and eliminated the removal of
existing pumps from the dry well ($1,000) for a total savings of $4,000.
REVISED BUDGET
Design and Geotechnical (complete) $ 11,549
Construction 112,737
Inspection 2,500
Material testing 1, 000
Contingency 2.714
Total Revised Budget $130,500
Action Required by Council: Approve Ordinance awarding the Contract to
Tri-Tex Construction in the amount of $116,737, and approve Change Order
No. 1 for a reduction of $4,000 to the contract price, for a revised
contract amount of $112,737. Authorize the transfer of $30,500 from Fund
003 Available Retained Earnings for a total authorization of $130,500.
Availability of Funds: xxx X Capital Improvement
Account Number: 003-668-730-100 Funds Available: XX YES NO
AooroJ/........."""i'Ifor citv Council Aaenda
R~~errera, City Manager Jzklr>
, I { DATE
- u _
'i-
e .
ORDINANCE NO. 93- 1958
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BE4A~EN THE CITY
OF LA PORTE AND TRI-TEX CONSTRUCTION, TO CONSTRUCT LIFT STATION 30
IMPRv v J:.d~..., 4 S ; APPROPRIATING $130,500.00 TO Fu.L'.u SAID CONTRACT;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; 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. City Council authorizes the transfer of $30,500.00 from
Fund 003 Available Retained Earnings, and appropriates the sum of
$100,000.00 from the Capital Improvement Account No. 003-668-730-
100, for a total appropriation of $130,500.00 to fund said
contract.
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,
. .
ORDINANCE NO. 93- 1958 PAGE 2
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 13th day of December, 1993.
CITY OF LA PORTE
By: ~1i. fL~
Mayor
E. G. Clarke, Mayor Pro Tem
ATTEST:
~. ~
Sue Lenes,
City Secretary
~tV~
Knox w. Askins,
City Attorney
e e 1425 26TH STREET
LA PORTE, TEXAS 77571
713/471-7590
IIIll .
j . ...... ..... .. ..~ImlS.
\,' .:::,;.::',:>..>;.:~;:;:::..,-::::;:..- ':"':;" ._>'::.:~..':',}~'.-.:>::o::i.".'.::;},:::::
December 7, 1993
CITY OF LA PORTE
P.O. Box 1115
La Porte, Texas 77572-1115
ATTN: steve Gillett
Director of Public Works
RE: City of La Porte .
Lift station No. 30 Upgrade
Bid Recommendations
Dear Mr. Gillett:
Attached is the Bid Tabulation to construct the city of La
Porte Lift station No. 30 Upgrade. The apparent low bidder was
Tri-Tex Co. with a bid of $116,737.00 with 120 calendar days to
complete the project in full.
We recommend that the city of La Porte award the contract to
Tri-Tex Co.
Should you have any questions, please do not hesitate to call.
YMtru~~ ~
Uhn, . a4UI~
William T. Manning, P.E., R.S.
President
:dr
Attachment
BID TABULATION
CITY OF LA PORTE LIFT STATION NO. 30 UPGRADE
DATE: NOV. 1. 1993 PAGE 1 OF 1
TIME: 2:00 P.M.
CALENDAR
DAYS TO BID
CONTRACTOR TOTAL BID COMPLETE SECURITY
TRI-TEX CO. $116,737.00 120 BOND e
E & C GROUP, INC. $125,150.00 150 BOND
MIGON, INC. $173,000.00 90 BOND
PELTIER BROTHERS CONSTRUCTION, INC. $175,800.00 180 BOND
,
DATE: ///Z/9J PREPARED BY MANNING ENGINEERING CORPORATION e
/ /
... V
'i o~\\\, /6.
WILLIAM T.
",~".........f.y ~\
<fQ .-. '* ..;1~ &
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WILLIAM T. MANNING t
I!.. ...................66. eo- --.Jr
'\~..;S'> 41586 ~./$i
~ O.('o'~GI S1~~.~~~~
~~\~~S;........~\~~
~~\t! OtJ M;: ~7
",,","\::i~"'"
e WORKCHANGEDmEC~ e
No. 1
PROJECT: CZTY OP LA PORTE LZFT STATZON NO. 30 UPGRADE
DATE OF ZSSUANCE: EFFECTZVE DATE:
OWNER: CZTY OP LA ~ORTE
OWNER'S Contract No. NA
CONTRACTOR: TRZ-TEX CO.
ENGZNEER: MANNZNG ENGZNEERZNG CORPORATZON
You are directed to proceed promptly with the following change(s):
Description: SEE ATTACHED DESCRIPTION OF CBAHGES PREPARED BY MANNING ENGINEERING
CORPORATION
Purpose of Work Change Directive: DECREASE COST BASED ON POST BID VALUE ENGINEERING
Attachlllent"j. MANNING ENGINEERING CORPORATION DESCRIPTION AND AMOUNT
If a claia is made that the above change(s) have affected Contract Price or Contract Time.
any claia for a Change Order ba.ed thereon will involve one or .ore of the following .ethods
of determining the effect of the change(s).
Method of determining change in in Method of determining change in
Contract Price: Contract Ti.es:
- Unit Prices - Contractor's records
-I- Lump Sua _ Engineer's records
Other -I- Other NONE REOUESTED
Bstimated increase ~rea~in Estimated increase (decrease) in
Contract Price: Contract Times: NONE
$4.000.00 If the change involves an increase, the
e.tiaated ti.es are not to be
exceeded without further authorization.
If the change involves an in-
crease, the e.timated amount is
not to be exceeded without
further authorization.
RECOMMENDED: AUTHORZZED:
KANHZNG ENGZNEERZNG CORPORATZON CZTY OF LA PORTE
ENGZNEER OWNER
By: By:
(Authorized signature) (Authorized signature)
william T. Manning, P.E., R.S.
president
ACCEPTED:
TRZ-TEX CO.
CONTRACTOR
By:
(Authorized signature)
J
-~
ff
i
e e
MANNING ENGINEhKING CORPORATION
DESCRIPTION OF CHANGES
ITEM AMOUNT
ADD DEDUCT
1- Delete removal of existing pump
equipment. $1,000.00
2. pumping system price adjustment. $3,000.00
SUB-TOTAL $4.000.00
TOTAL NET <$4.000.00>
CONTRACT AMOUNT $116.737.00
CONTRACT ADJUSTMENT <$ 4.000.00>
NEW CONTRACT AMOUNT $112.737.00
.
PREPARED BY
Date William T. Manning, P.E., R.S., President
...,..-..,.......,.,-.,....,'-.,.........-.,..""....
e e
- ------
e e
ORDINANCE NO. 93- 1959
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND LA PORTE CHAPTER, BAY AREA HABITAT FOR
HUMANITY, CONCERNING PROPERTY IN BLOCK 128, TOWN OF LA PORTE,
HARRIS COUNTY, TEXAS; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; 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 furthe~
ratifies, approves and confirms such written notice and the
contents and posting thereof.
e e
ORDINANCE NO. 93- 1959 PAGE 2
section 3. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
PASSED AND APPROVED, this 13thday of December , 1993.
CITY OF LA PORTE
By: /Af jJ/JJ
~~F. ~. ~onc,
-Mt;.'.r.:..:...
E. G. Clarke, Mayor Pro Tern
ATTEST:
~ ~,---
Sue Lenes,
City Secretary
APPRQ1IED: ~
&ai~~:;'
Knox W. Askins,
City Attorney
e e
SPECIAL WARRANTY DEED
Date: December 13 ,1993
Grantor: CITY OF LA PORTE, a municipal corporation
Mailing Address: P.O. Box 1115, La Porte, TX 77572
Grantee: LA PORTE CHAPTER, BAY AREA HABITAT FOR HUMANITY
a non profit organization
Mailing Address: P.O. Box 2087, La Porte, TX 77572
Consideration: Ten and Noj100 Dollars ($10.00) cash and other good
and valuable considerations
Property (including any improvements):
All of Lots 1 thru 13, inclusive, in Block 128, in Town
of La Porte, in Harris County, Texas, according to map
thereof recorded in Volume 58, Page 460 of the Deed
Records of Harris County, Texas.
SUBJECT TO: Grantee assumes the payment of all delinquent ad
valorem taxes on the subject property. This conveyance is
also SUBJECT TO that certain deed dated May 9, 1978, and filed
for record in the office of the county clerk of Harris County,
Texas, under Harris County clerk's file number E591049, to La
Porte Land Company.
Reservations from and Exception to Conveyance and Warranty: Taxes
for the current year have been prorated and are assumed by Grantee.
This conveyance is made subject to all and singular the
restrictions, conditions, oil, gas, and other mineral reservations,
easements, and covenants, if any, applicable to and enforceable
against the above described property as reflected by the records
of the county clerk of the aforesaid county.
e e
Grantor for the consideration and subject to the reservations from
and exceptions to conveyance and warranty, grants, sells, and
conveys to Grantee the property, together with all and singular the
rights and appurtenances thereto in any wise belonging, to have and
hold it to Grantee, Grantee's heirs, executors, administrators,
successors, or assigns forever. Grantor binds Grantor and
Grantor's heirs, executors, administrators, and successors to
warrant and forever defend all and singular the property to Grantee
and Grantee's heirs, executors, administrators, successors, and
assigns against every person whomsoever lawfully claiming or to
claim the same or any part thereof, except as to the reservations
from and exceptions to conveyance and warranty, by, through, or
under Grantor, but not otherwise.
When the context requires, singular nouns and pronouns include the
plural.
CITY OF LA PORTE
BY: ~T. ~
Robert T. Herrera, City Manager
STATE OF TEXAS {
{
COUNTY OF HARRIS {
"1>> This instrument was acknowledged before me on the,2;1 ".I. day of
\ l':f;w\b.t-r- , 1993, by Robert T. Herrera, City Manager of the City
of La Porte, a municipal corporation.~
??oo00000000000ooo00??oo-.. _.. . ...0 ~
I:"{~~:~'" CAROL BUTTlER I Nota y ~tate of Texas
... * ..: NOTARY PlaJC
:. ". .: : ,)1i\.C Of 1'S(AS
'~'o,':i?" COMMISSION exPIRES 08-11-911
8 ......
00._____00??oo00??oo._____________
AFTER RECORDING RETURN TO: PREPARED IN AA~ LAW OFFICE OF:
ASKINS & ARMSTRONG, P.C.
P.O. Box 1218
La Porte, TX 77572-1218
e
City of La Porte
Established 1892
November 30, 1993
Mr. Jim Counts
Fund Raising Committee
La Porte Chapter,
Bay Area Habitat for Humanity
P.O. Box 2087
La Porte, TX 77572
Dear Mr. Counts:
The La Porte Chapter, Bay Area Habitat for Humanity, has requested
the assistance of the City of La Porte in its efforts to provide
quality housing for low income families. Specifically, your
organization has requested that the City of La Porte deed to it,
the property on South 5th Street legally described as Lots 1-13,
both inclusive, Block 128, Town of La Porte, Harris County, Texas.
This is a tax title owned by the City of La Porte. The title is
subject to the claims of La Porte Land Company, by a deed dated May
9, 1978, and filed for record in the office of the county clerk of
Harris County, Texas, under county clerk's file number E591049.
The La Porte Chapter, Bay Area Habitat for Humanity, has indicated
that it will be able to obtain a deed from La Porte Land Company to
it, of the property.
In addition, the La Porte Chapter, Bay Area Habitat for Humanity,
has indicated that it will assume and pay the delinquent taxes on
the subject property.
It is the City's understanding that your organization plans to
build five or six single family residences, which would then be
sold under its usual procedures to low income families, who would
provide 350 "sweat equity" hours as a downpayment, and would then
sign interest free mortgages for the balance. The City of La Porte
agrees to convey the subject property to your organization, in
consideration of its use of the property in accordance with the
terms of this letter, with the title to any unused property to
revert to the City of La Porte in five years. The use of the
property would be strictly limited to the purposes stated in this
letter.
The City of La Porte will benefit by the activities of your
organization, in providing housing for its low income residents,
and returning this property to the tax rolls~
r.ll.B,)xII15. La rllrte, Texas 77572-111S · (713)471-5020
I
I
I
I
e e
Mr. Jim Counts
November 30, 1993
Page 2
If the La Porte Chapter, Bay Area Habitat for Humanity, is in
agreement with the conveyance of the above described property in
accordance with the terms and provisions contained in this letter,
please note your acceptance and agreement by signing and returning
to the City a copy of this letter, retaining the original as your
copy of the agreement.
Yours very truly,
CITY OF LA PORTE
By: G<~ T.~
Robert T. Herrera
City Manager
ACCEPTED AND AGREED:
LA PORTE CHAPTER,
BAY AREA HABITAT FOR HUMANITY,
a non profit organization
By: ~J~,~,..<-~
Autnorized Officer
fi2t:, t1 ~
~~~~~~
- - e e
REQtlLT FOR CITY COUNCIL AGENDA ~M
- ----- ---------------------------------------------------
-------------------------- ----
Agenda Date Requested: December 13. 1993
Requested By: Charles Harrinaton~Department:Plannina
Report Resolution X Ordinance
Exhibits: 1. Dangerous Building Bid Tabulation.
2. Ordinance authorizing award of demolition contract.
3. List of structures to be demolished.
---- -- ----- ---- ---------------------------------
- ----------------------------------------------
SUMMARY , RECOMMENDATION
On December 6, 1993 the city opened bids for demolition of six
condemned structures. A seventh building, condemned by council has
been demolished by the owner, and so, is not included in this
tabulation.
Three contractors submitted bids. Staff has reviewed each of
these for completeness and accuracy. The low bid, in the amount of
$11,200.00 was submitted by Daniel's Dump Truck Hauling. A total
of $20, 000.00 has been budgeted for dangerous building abatement
during Fiscal Year 1994. Staff recommends awarding the demolition
contract to Daniel's Dump Truck Hauling.
Action Required by Council:
Approval of an ordinance authorizing the City Manager to
execute a contract, in the amount of $11,200.00, with Daniel's Dump
Truck Hauling for demolition of six condemned structures.
============- --------;===========================================
Availability of Funds:
X General Fund Water/Wastewater
capital Improvement General Revenue Sharing
other
Account Number: 001-900-902-606 Funds Available: X-Yes __ No
Approved for City Council Agenda:
R~ ~~rera oaf;laf~
c~~~:r
------- -------------------------------------------------------
------ --- ----- -------------------- - --
e e
ORDINANCE NO. 93- 1 q 60
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACf BE1WEEN THE
CIlY OF IA PORTE AND DANIEL'S DUMP TRUCK HAULING, INC. FOR THE
DEMOLITION OF CONDEMNED STRU\..J. URES; APPROPRIATING $11,200.00 TO
FUND SAID CONTRACf; MAKING VARIOUS FINDINGS AND PROVISIONS
RElATING TO TIlE SOOJEer; FINDING COMPLIANCE" udTIIE OPEN MEETINGS
lAW; AND PROVIDING AN E.r.rELllVE DATE HEREOF.
BE IT ORDAINED BY THE cni COUNCIL OF THE cn i 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. City Council
appropriates the sum of $11,200.00 from general fund account number 001-900-902-606 to
fund said contract.
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.
e e
ORDINANCE NO. 93 - 1960 Page 2
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 M.t'KOVED, this 13th day of December, 1993.
Lll 'I OF LA PORTE
BY / 4 c/~
Ne::l:E !... Mal6ne
MuJ'u:'
E. G. Clarke, Mayor Pro Tern
AI-IbST:
c:; r :'L ~
Sue Lenes
City Secretary
M.t'KOVED:
/..-...... /.-....
~i' ;
rX;;;'u<1 [Y'~~':x-d//
Knox W. Askins
City Attorney
I
. . e
~ED
q~
CITY OF LA PORTE PLANNING
INTER-OFFICE MEMORANDUM
DECEMBER 6, 1993
TO: CHARLES HARRINGTON, DIRECTOR OF PLANNING
FROM: SUSAN KELLEY, PURCHASING AGENT .~~
SUBJECT: SEALED BID #0569 - DEMOLITION OF BUILDINGS
Advertised, sealed bids #0569 - demolition of buildings were opened
and read on December 6, 1993. Bid requests were mailed to five (5)
vendors with three (3) returning bids. .
Low bid meeting specifications was submitted by Daniels Dump Truck
Hauling in the amount of $11,200.00.
Please submit your recommendation with an agenda request form by
the prescribed time before the next regular council meeting. If
there is a need to delay bringing this bid before council, please
notify me.
Attachment: Bid Tabulation
Bidder's List
I
.- ., TABULATION... BUILDING DEMOLlT.
1. 618 SOUTH OHIO $2,300.00 $2,112.00 $2;800.00
2. 002 NORTH Oth ~600.00 ~1,OOO.OO ~2,OOO.00
3. 906 WEST ADAMS $2,400.00 $3,404.00 $2,800.00
4. 240 SOUTH OHIO $1,900.00 $1.560.00 $2.600.00
5. 211 SOUTH "V" $1,400.00 $2,195.00 $4,000.00
6. 3126 WEATHERFORD $2,400.00 $1,800.00 $2,500.00
j!:::::::::\::::::::::,:::::W::::\::::\\:\:::\w::::m:::;';4~~At::t:::::\::\:\$j1t~OlijQ1: j!::;::W\i:$1~~~~O~)lj W:::::::;;:m~goo~0ij;j:1
.
BI.u.u6R'S LIST
SEALED BID #0569 ~ DEMOLITION OF BUILDINGS
ABATEMENT CONTRACTING ENVIRO DANIELS DUMP TRUCK
2815 MAIN P. O. BOX 832
DICKINSON, TX 77539 LA PORTE, TX 77572
ARK WRECKING RANDY THOMPSON DEMOLITION
P. O. BOX 459 1318 SOUTHMORE
PEARLAND, TX 77588 PASADENA, TX 77502
ROBERT BRYANT SENTELL LAWN MAINTENANCE
9618 CARLOW P.O. BOX 1183
LA PORTE, TX 77571 LA PORTE, TX 77572-1183
e e
BUILDINGS TO BE DEMOLISHED
Fall, 1993
618 So. Ohio - Yellow one-story, wood-frame house. Block
foundation. Attached garage.
302 N. 5th - Brown, one-story, wood-frame house. Block
foundation. Accessory building located on
north side of property.
906 W. Adams - White one-story, wood-frame house. Block
foundation.
=:!2 i ~1. ;~~ Demolished by Owner
240 So. Ohio - White & green one-story, wood-frame house.
Block foundation. Located next to a City
Park.
211 So. Y - Red & white one-story, wood-frame house.
Block foundation. Accessory building is
located behind the house.
3126 Weatherford - White & green one-story, wood-frame house.
Block foundation.
e e
e e
REOUEST FOR CITY COUNCIL AGENDA ITEM
AGENDA DATE n.~~ember 13. 1993 REQUESTED BY Jeff Litchfield. Finance
.JL REPORT; _ RESOLUTION; _ ORDINANCE; EXHIBITS:
SUMMARY AND RECO~~uATION
The City's fiscal year ended September 30, 1993. At that time, there were 100
outstanding purchase orders. The purchase orders represent goods that were
ordered and budgeted funds that were committed to procure items necessary to
operate the City. We need to re-establish these items for the new fiscal
year. This action will have no effect on the working capital of the various
funds.
A breakdown of the "open" purchase orders by operating fund are as follows:
Fund Number Amount
General Fund 72 $ 61,830
Utility Fund 16 3,636
Sylvan Beach Fund 2 3,191
Airport Fund 1 218
Vehicle Maintenance 5 3,072
Golf Course ..l! 6.094
Total 100 $ 78,041
The above amendments will not have an impact on the projected working capital
balances for the year because they were all projected to be expended in the
last fiscal year.
ACTION REQUIRED BY COUNCIL:
Instruct the Director of Finance to amend the various operating budgets for
outstanding purchase orders.
FUND ACCT NUM: FUNDS AVAILABLE:
APPROVEQ....i'OR, CITY COUNCIL AGENDA
~L IM.s
DATE
AGER
e
· /5
.. REO~T FOR CITY COUNCIL AGEND~EM
....
-
Agenda Date Requested: December 13. 1993
Requested By: s. Gillett(~ Department: Public Works
Ordinance
xxxx Report Resolution
Exhibits: Bid Tabulation
-
SUMMARY & RECOMMENDATION
Sealed bids were opened on November 15, 1993 for the annual contract for
water meter testing. This program targets meters larger than one ( 1 ) inch
for periodic testing to ensure accuracy. Additionally, meters on all water
wells and the La Porte Area Water Authority (LPAWA) are required to be
tested annually.
Bids were sent to five ( 5 ) vendors, with three ( 3 ) returning bids, and one
(1) no bid.
Overall low bid was submitted by PSA, Inc. per the attached bid tabulation.
The annual estimated expenditure is $6,000.
Action Required by Council: Award annual contract for meter testing to PSA,
I nc . , at an estimated annual cost of $6,000.
......
Availability of Funds:
General Fund XXXX Water/Wastewater
Capital Improvement General Revenue Sharing
xxx X Other - LPAWA
Account Number: Various Funds Available: XX YES NO
Citv Council Aaenda
)2 /.6h:J
DAtE {
. ;-~L
,. . .. . e
BID TABULATION", WATER METER TESTING
-~~-
MI:: I t:H TEST ONL V
,. 3/4" x 5/8" $5.00 $15.00 $20.00 NO BID
2. 1" $10.00 $25.00 $20.00 NO BID
3. 1-1/2" $50.00 $75.00 $20.00 NO BID
4. 2" $50.00 $75.00 $25.00 NO BID
5. 3" $150.00 $105.00 $100.00 NO BID
6.4" $150.00 $105.00 $100.00 NO BID
7. 6" $225.00 $125.00 $125.00 NO BID
8. 8" $225.00 $125.00 $135.00 NO BID
9. 10" $225.00 $150.00 $145.00 NO BID
I
lABOR RATE PER HOUR $76.00 $36.00 $25.00 NO BID
I PARTS ABOVElBELOW 5 % BELOW 5 % BELOW I 0% NO BID
SENSUS PRICE LIST I
BIDDER'S LIST
WA~6a METER TESTING
BID '0566
FLUID METER CORP. SENSUS TECHNOLOGIES
7905-T ALMEDA RD. P.O. BOX 890800
HOUSTON, TX 77075 DALLAS, TX 75389
ACCURATE WATER METER SERVICE COASTAL FLOW MEASUREMENT
P.O. BOX 843 P.O. BOX 421
SPRING, TX 77383 PASADENA, TX 77501
PSA
7800 BISSONNET, SUITE 350
HOUSTON, TX 77074
REotlbT FOR CITY COUNCIL AGEND~TEM
Agenda Date Requested: December 13. 1993
Requested By: S. Gillett ~J~ Department: Public Works
XXXX Report Resolution Ordinance
Exhibits: Bid Tabulation and Bidder's List
SUMMARY & RECOMMENDATION
Sealed bid #0559 for the annual contract for auto parts was opened on
November 28, 1993. Bids were sent to fifteen (15 ) vendors, with eight ( 8 )
returning bids. section One (1) encompasses new parts, and Section Two ( 2 )
rebuilt electrical components. The proposal does not include every part,
but a sampling to determine price ranges for various groupings of parts.
The proposal includes delivery within four ( 4 ) hours, with a two ( 2 ) hour
emergency delivery time for critical parts.
Overall low bid for Section One (1) was submitted by Lindale, of Houston.
Overall low bid for Section Two ( 2 ) was submitted by ASR, of La Porte.
Estimated annual cost for both sections 1S $50,000.
Action Required by Council: Award annual contracts for automotive parts to
Lindale for Section One (1) , and ASR for Section Two ( 2 ) .
Availability of Funds:
General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
xxx other - Motor Pool
Account Number: 024-700-704-240 Funds Available: XX YES NO
Approved for Citv Council Aqenda
g~t T. ~ \'t.' %- t\ 3
Robert T. Herrera DATE
City Manager
,
SECTION 1- NEW PARTS
rrEM #1 - BELTS & HOSES
A. BELT _ 7325 $3.57 $4.43 $4.38 $4.43 NO BID $4.85 NO BID NO BID
B. BELT _ 7330 $3.69 $4.46 $4.42 $4,46 NO BID $4.68 NO BID NO BID
C. BELT _ 7555 $5.08 $6.29 $6,08 $6.29 NO BID $6.60 NO BID NO BIO
D. BELT _ K060990 $8,65 $10.43 $10.84 $10.43 NO BID $10.95 NO BID NO BID
E. RAD HOSE _ 21204 $6.57 $7,23 $6.86 $7,23 NO BID $7,59 NO BID NO BID
F. RAD HOSE _ 21468 $6.43 $8.14 $7,73 $8.14 NO BID $8.66 NO BID NO BID
G. 3/4" HEATER HOSE $17.67 $24.00 $19.00 $17,50 NO BID $21.60 NO BID NO BID
H. 3/8" FUEL HOSE $10.25 $17.00 $17.00 $17.00 NO BID $18.00 NO BID NO BID
;::m:m:m;mmm:::::ma:rm,Uli:1t~rAti:; ::m:::M;J,~::: i::I:.;t~.:: :BIt.~a:: mmiiltfiU:: :ll!!'.: ..'.r JO;:: :':':'!::-.:: mm... :ill::: ::i'i:f1ft'-::QIOi:
% DISCOUNT OFF JOBBER 17% 0% 5% 0% +5%
rrEM #2 - ELECTRICAL
A. REGULATOR _ VR166 $13.93 $8.76 $16.34 $16.49 NO BID $17.84 NO BID NO BID
B.BULKBATTERYCABLE $1.47 $1.89 $1,79 $1.26 NO BID $1.88 NO BID NO BID
C. FUSE _ AT030 $0.23 $0.36 $0,28 $0,30 NO BID SO.37 NO BID NO BID
D. BULB _ 1157 $0.26 $0.22 $0,32 $0.32 NO BID $0.42 NO BID NO BID
E. SEALBEAM _ 4651 $6.17 $4.26 $6.30 $7.25 NO BID $6.03 NO BID NO BID
F. SEALBEAM _ 6052 $7.26 $5.90 $8.85 $10.18 NO BID $6.29 NO BID NO BID
G. TAILLIGHT _ 52902 $16.19 $18.57 $18.57 $18.57 NO BID $22.78 NO BID NO BID
tlli;:::::::!:::::;:::::::::m:::ttd:'~::tm'~:: :mm:m;~~m ;:m:m..::. ::mi!i_~$n mumMiW::lm::iM;Jm:::mmmmi"m ::m:~:bld:[ :::::;NQ::QIO::
1% DISCOUNT OFF JOBBER 18% 0% 0% 0% VARY
rrEM '3 - BRAKES
A.CAUPERS-18--4146 $14.60 $17.M $17.M NO BID NO BID $17.M NO BID NO BID
B. CALIPERS _ 18-4147 $14.60 $17.35 $17.35 NO BID NO BID $17.35 NO BID NO biD
C. SHOES _ 462 $21.07 $7.85 $7,85 NO BID NO BID $10.89 NO BIO NO BID
O. SHOES _ 482 $21.07 $7.85 $7.85 NO BID NO BID $10.811 NO BID NO BID
EPADS-728 $16.36 $12.61 $11.93 NO BID NO BID $16.13 NO BID NO BID
F. PADS _ 7054 $21.32 $16.21 $15.97 NO BID NO BID $23.29 NO BID NO BID
G. ROTORS _ 11438 $31.77 $38,78 $38.78 NO BID NO BID $40.40 NO BID NO BID
H. ROTORS _ 5546 $36.10 $42.80 $46.76 NO BID NO BID $44.69 NO BID NO BID
mm::mm::mm:m::::i;::ttEM:~I,m~mm;I~!f.';~::: ::::ilf(lij~n:! ;!:::ll.i"'~:: ::m:HO:!IO::: :m::H:lmmlm!:If~~iH:: i:m:~:Dltt:: :m::HQ;:QI~::
% DISCOUNT OFF JOBBE 18% 0% 0% VARY
rrEM '4 - STEERINGIOR
A. TIE ROD _ ES2826Rl $16.13 $21.32 NO 91D $20.00 NO 91D $20.88 NO 91D NO 91D
B.IDLERARM-K6331 $31.30 $41.33 $35.04 $38.77 NO BID $40.46 NO BID NO BID
C. PITMAN ARM _ K6248 $31.25 $41.05 $35.15 $38.61 NO BID $40.19 NO BID NO BID
D. BALL JOINT _ K6292 $23.18 $31.29 $27.98 $27.87 NO BID $30.63 NO BID NO BID
E BALL JOINT _ K6293 $18.71 $24,66 $20,90 $23.13 NO BID $24.14 NO BID NO BID
F. U-JOINT _ 1-0153 $5.27 NO BID $5.79 $13.48 NO BID $7.14 NO BID NO BID
G. J-JOINT _ 2-4800 $6.63 NO BID $7.36 $8.87 NO BID $9.77 NO BID NO BID
H. PTO U-J KIT -1-0443 $5.12 NO BID $9.35 $12.11 NO BID $12.12 NO BID NO BID
I. PTO YOKE -16-5115 $5.87 NO BID $".03 $6.31 NO BID $8.73 NO 81D NO BID
m::m:m:;::m:::w:::mm:ttSU4mtmfA,iH: ::i:'lf~;M:, i::1\ oJ:: m::$}~t.l~:: m::.tllt;~f>.::mmw:bfU::: ii:iiltR~ft;i mmHQibIO:: ;:m:t,U),iQIO'::
1% DISCOUNT OFF JOBBE 20% 0% 6% 0% VARY ..
rrEM '5 - COOLING SYST
A. WATER PUMP _ 2064 $37.4(3 $46.64 $39.29 $42.94 NO BID $45.52 NO BID NO BID
B. WATER PUMP _ 1891 $4~,08 $49,61 $47.66 $49.~8 NO BID $6~.~4 NO BID NO BID
C. RADIATORCAP-R30 $2.37 $2.79 $2.79 $2.81 NO BID $3.66 NOBID NO BID
D. THERMOSTAT - 30209 $2.58 $1.68 $3.02 $3.61 NO BID $3.06 NO BID NO BID
L!:i,:!:i::;:::i;i!;:H:tt~M',$;!8:ri:Q.tiW:'I!:!:m:$!i!I~::! m:iJf!:iQ~.:: ;::::mJ$ftlrtJJ,lJ im!m~UI41:i !:m:~:llliJ.l:' !imltft~!i:!: iiiii:HO::QII):i IJ"~i'QIu'::
% DISCOUNT OFF JOBBE 16% 0% 0% 0% VARY
rrEM '6 - FUEL SYSTEM
A. FUEL PUMP _ 41610 $13.86 $16.82 $18.32 NO BID NO BID $20.04 NO BID NO BID
B. FUEL PUMP _ 40777 $15.64 $17.33 $16.87 NO BID NO BID $19.43 NO BID NO BID
C. FUEL LINE _ 27003 S9.64 S3.00 S16.60 NO BID NO BID $16.60 NO BID NO BID
D. FUEL LINE _ 27004 $10.50 $17.00 $17.00 NO BID NO BID $17.72 NO BID NO BID
E OARB KIT _ 1494 $15.99 $1.8.81 $17,86 NO BID NO BID $19.75 NO BID NO BID
F. CARB KIT _ 1282-A $32.56 $38,30 $36.32 NO 91D NO 91D $40,22 NO BID NO BID
n::::m:nm:;mm:m:m::;tt~:B:mtMm ;mm:.l~~m mr]~:t:~:i ~m*l~Jl1.!: mmH~::QI~i: :::iil~:_:: i:mJt.~l: mj:iB~:UI"ii i!iiilW'8:UIII):::
% DISCOUNT OFF JOBBER 16% 0% 5% VARY
SECTION II - REBUIL TS
1. All _ '88 CHEV $57.68 $75.60 $63.15 NO BID $56.00 $76.60 $81.00 NO BID
2. ALT _ '88 FORD $89.95 $81.95 $83,85 NO BID $48.00 $81.95 $61.20 NO BID
3. AL T _ '91 POLICE $88.33 $102.71 $295.00 NO BID $120.00 $183.90 $94.50 NO BID
4. AL T _ '89 AMBULANCE NO BID NO BID $296.00 NO BID $128.00 $163.90 $162.00 NO BID
5. STARTEFl- '88 CHEV $40.74 $26.75 $34.20 NO BID $24.00 $35.90 $40.05 NO BID
6. STARTER _ '88 FORD $68.16 $32.60 $32.50 NO BID $24.00 $29.90 $43,20 NO BID
'::::;!::?n!:;:::"~t=~lOH"":!Pii!Wliif!'::!nr _"i'm:' ... .:i1 ;n:;Ol-'1J'''''li!mmO'':'l'WIH1;'IHW;i;i;lij;j;j;lii-:!: ,~H_'iU!!;~!I;!:, :i!!!ilIl!Ji'ili~i:-:i !!!!!:iIlfil!'ijlOl""':i
%'DISCOll~~OFF;<:~R ,.,.,~-,.,~.~%' """o';;;"""~"~~~'" ,.,.,.I'-IlB~v,..",m~:",,"'";~~~'1 '''''_~~:' ,.I",~~,;gQ".
1
..~o:~... ~.:
,.;t,:r.1':-"~. f
. e e
BIDDER'S LIST
SEALED BID #0559 - AUTOMOTIVE PARTS
JOE CAMP FORD NAP A
621 HWY 146 SOUTH 708 TELEPHONE ROAD
LA PORTE, TX 77571 HOUSTON, TX 77023
ALLEN & KERBER AUTO PARTS AUTO ZONE
518 WEST MAIN 6768 SPENCER HIGHWAY
LA PORTE, TX 77571 PASADENA, TX 77505
MOTOR MACHINE MORGAN'S AUTO SUPPLY
3351 RAUCH 1219 SOUTH STREET
HOUSTON, TX 77029 PASADENA, TX 77503
CAR QUEST PARTS WOWCO
3702 CENTER STREET 5430 HIGHWAY 146
DEER PARK, TX 77536 BAYTOWN, TX 77520
SPENCER HIGHWAY AUTO SUPPLY TEXAS REBUILDERS
9515 SPENCER HIGHWAY P.O. BOX 6291
LA PORTE, TX 77571 PASADENA, TX 77506
CHIEF AUTO PARTS FISHER'S AUTO PARTS
105 W. ST. AUGUSTINE 1010 SOUTH BROADWAY
DEER PARK, TX 77536 LA PORTE, TX 77571
CALLIER AUTO SUPPLY LINDALE AUTO
3606 FAIRMONT PARKWAY 1310 BERRY ROAD
PASADENA, TX 77504 HOUSTON, TX 77022
LES MARKS CHEVROLET
P.O. BOX 1119
LA PORTE, TX 77571
. e
REQUEST FOR CITY COUNCIL AGENDA ITEM
==~================================~=============================
Agenda Date Requested: December 13~ 1993
Requested By: Louis Ri@L Department: Purchasin9
Report Resolution Ordinance
Exhibits: Bid Tabulation
Bidder's List
-----------------------------------------------------------------
-----------------------------------------------------------------
SUMMARY & RECOMMENDATION
The City mailed ten (10) bid requests for the annual air
conditioning maintenance and repair contract to seven (7) local and
three (3) outside A/C contractors. Bidders were asked to submit
pricing in two areas: I) Preventative maintenance and 2) Repair of
A/C units currently used at all City facilities.
Six (6) bids were received and low bid was submitted by Bay
Refrigeration. The preventative maintenance portion is $2,195.00
annually and is budgeted in each departmental budget having A/C
equipment.
Repair costs will be billed at $30.00 per hour labor and cost plus
25% for parts. Repairs will be paid by the department requesting
the repair.
Action Required by Council:
Approve awarding A/C maintenance and repair Contract to Bay
Refrigeration.
==========:==========~=======================================~===
Availability of Funds:
General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other
Account Number: Funds Available: X YES No
==========================================================~======
Approved for City Council Agenda
ROb~~era -).~'r~3 Date
Cit nager
=================================================================
B'" ABULATION - AlC MAINTENANCE e
1. ANNUAL COST $2.195.00 $3.500.00 $3.750.00 $4.950.00 $5.840.00 $8.594.00
OF INSPECTIONS
2. HOURLY RATE $30.00 $35.00 $35.00 $40.00 $35.00 $40.00
OF m::rAlR
3. COST PLUS % 25% 20% 30% 20% 38% 25%
OF PARTS
.
BIDDER'S LIST
SEALED BID #0558 - AIR CONDITIONING MAINTENANCE
BARRETT'S AIR CONDITIONING ARVELL MOORE AIC
P. o. BOX 748 3130 OLD HWY 146
LA PORTE, TX 77572 LA PORTE, TX 77571
BAY REFRIGERATION AAA COASTAL AIC
202 E. MAIN 324 W. MAIN
LA PORTE, TX 77571 LA PORTE, TX 77571
BAYPORT COMPANY AIR COND FILTERS UNLIMITED
10131 QUIET HILL P. O. BOX 1367
LA PORTE, TX 77571 BAYTOWN, TX 77522-1367
FINCH'S AIR CONDITIONING SOUTH TX MECHANICAL SERVICE
2212 LOMAX SCHOOL ROAD 7419 FAUNA
LA PORTE, TX 77571 HOUSTON, TX 77061
HVAC MECHANICAL ROBERTS AIR CONDITIONING
P.O. BOX 26682 10435 CARLOW LANE
HOUSTON, TX 77207 LA PORTE, TX 77571
HOFFMAN'S HEATING & AC WINGO'S AIR CONDITION
519 SHORE ACRES BLVD. 1238 CENTER STREET
LA PORTE, TX 77571 DEER PARK, TX 77536
. .
, REOUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: December 13. 1993
Requested By: Buddv Jacobs Department: Parks & Rec
XXX Report Resolution Ordinance
Exhibits: 1. Bid Recap Sealed Bids #0570 - Evelyn Kennedy Roof
Renovation
SUMMARY , RECOMMENDATION
Advertised, sealed bids #0570 for the renovation of the roof at
Evelyn Kennedy were opened and read on December 6, 1993. Bid
requests were mailed to nine (9) vendors with three (3) returning
bids.
Low bid meeting specifications was submitted by continental
Contractors in the amount of eight thousand, eight hundred and
ninety-five dollars ($8,895.00) . This contractor has performed
several other smaller jobs for the city and did good work.
Staff recommends award of bid for the renovation of the roof at
Evelyn Kennedy to continental Contractors, low bidder meeting
specifications, in the amount of $8,895.00. Adequate funds are
budgeted for this contract in the 1993-94 Parks Maintenance
Operating Budget.
Action Required by Council: Award bid to continental Contractors,
low bid meeting specification, for the renovation of the roof at
Evelyn Kennedy in the amount of $8,895.00.
Availability of Funds:
XXX General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other
Account Number: 001-800-800-802 Funds Available: XX YES NO
Annroved for citv Council Aqenda
Iff ).2/8h;>
Rc;>b . Herrera Date( ('
Cl. nager
e e
BID TABULATION... EVELYN KENNEDY ROOF
lii!~~~!!I\i~illli.~lii~J~:!"~~iI!1ilr" ~'I.'!
....." .. "" ...-................................""..................,...............
1. EVElYN KENNEDY ROOF $8,895.00 $11,936.00 $23,700.00
BIDDER'S LIST
SEALED BID #0570 - ROOF RENOVATION
.
BRINKMAN A & C FOUNDATION
P.O. BOX 57578 501 4TH STREET
WEBSTER, TX 77598 LA PORTE, TX 77571
A T ROOFING S & S REMODELING
115 SOUTH 8TH 3022 CARLISLE
LAPORTE, TX 77571 LAPORTE, TX 77571
PINKSTON-HOLLAR, INC. ALLIANCE ROOFING
13921 REEVESTON 3706 EAST WALNUT
HOUSTON, TX 77039 PEARLAN, TX 77581
OATES INDUSTRIES WALTON ROOFING
6224 SPENCER HWY P.O. BOX 2172
PASADENA, TX 77505 TEXAS CITY, TX 77592
GAGE ROOFING & CONSTRUCTORS CONTINENTAL CONTRACTORS
P.O. BOX 945 125 NORTH MUNGER
SOUTH HOUSTON, TX 77587 PASADENA, TX 77506