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Home My WebLink About1994-05-23 Public Hearing and Regular Meeting e . AGENDA PUBLIC HEARING AND REGULAR MEETING OF LA PORTE CITY COUNCIL TO BE HELD MAY 23, 1994, IN THE COUNCIL CHAMBERS OF THE CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, BEGINNING AT 6:00 P.K. Next Ord. 94-1983 Next Res. 94-04 1. CALL TO ORDER 2. INVOCATION BY COUNCILPERSON GAY 3. CONSIDER APPROVING MINUTES OF REGULAR MEETING MAY 09, 1994 4. PROCLAMATIONS A. PBX/TELECOMMUNICATORS WEEK FAYE STANLEY, PRESIDENT ELECT PASADENA-BAY AREA CLUB B. GALVESTON BAY WEEKEND BARBARA CARROLL, CHAIRPERSON OF BAY DAY STEVE VALERIUS, FUND RAISING CHAIRPERSON 5. PRESENTATION OF EMPLOYEE OF THE QUARTER FOR JANUARY, FEBRUARY AND MARCH 1994 6. PRESENTATION TO RETIRING CITY OF LA PORTE FIRE DEPARTMENT EMPLOYEES OLEN POPE JIM VAN 7. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL 8. PUBLIC HEARING - TO CONSIDER GRANTING REQUEST # R94-001i TO REZONE A 17 ACRE TRACT OF PROPERTY FROM ITS PRESENT DESIGNATIONS OF R-1 AND N.C. TO P.U.D. THE PROPERTY IS LOCATED AT THE SOUTHEASTERN CORNER OF THE MCCABE ROAD/HWY. 146 INTERSECTION OPEN PUBLIC HEARING STAFF REVIEW OF REQUEST RECOMMENDATION OF PLANNING AND ZONING COMMISSION CLOSE PUBLIC HEARING . e 9. CONSIDER AN ORDINANCE AMENDING ORDINANCE 1501, GRANTING REZONING REQUEST #R94-001i BY CHANGING CLASSIFICATION OF THAT CERTAIN PARCELS OF LAND FROM R-1 AND N.C. TO P.U.D. (Ord. 1501-R) - C. Harrington 10. CONSIDER AN ORDINANCE APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES, OF THE CITY OF LA PORTE (Ord. 94-1983) - R.T. Herrera 11. CONSIDER APPROVING AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH HARRIS COUNTY FOR FIRE PROTECTION OF ZONES 33 AND 34 (Ord. 94-1984) - J. Sease 12. CONSIDER AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE CITY OF SHOREACRES FOR EMERGENCY 911 DISPATCH AND JAIL SERVICES (Ord. 94-1985) - Chief B. Powell 13. CONSIDER AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND PAS-KEY CONSTRUCTION SERVICE FOR A 12" WATER LINE EXTENSION ALONG FAIRMONT PARKWAY CLP PROJECT #94-6101 (Ord. 94-1986) - C. Harrington 14. CONSIDER AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER #4 IN THE AMOUNT OF $15,767.00 TO THE CONTRACT BETWEEN L. A. UTILITIES, INC AND THE CITY OF LA PORTE AND FURTHER AUTHORIZE AN ADDITIONAL APPROPRIATION OF $13,864.25 TO THE STATE HIGHWAY 225 UTILITY LINE CROSSING PROJECT C. Harrington 15. ADMINISTRATIVE REPORTS: A. POLICE BANQUET JUNE 3, 1994 B. MEMORIAL DAY CELEBRATION PLANS 16. COUNCIL ACTION 17. EXECUTIVE SESSION - V.A.T.S. - ARTICLES 6252-17, SECTION 2(E), (F), (G), (R) - (LEGAL, LAND ACQUISITION, PERSONNEL, AND CONFERENCE(S) WITH EMPLOYEE(S) TO RECEIVE INFORMATION A. SECTION 2(E) - (LEGAL) RECEIVE REPORT FROM CITY MANAGER AND CITY ATTORNEY REGARDING PENDING LAWSUIT(S) 18. 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 executive i;(; . e 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 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 permitted 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. --,-----,,~~~---,-,--'-,~-:--,.,,~;7i,.,'iT"T""'- e .f'_+~;~ . ~-~':,,' ',,':';-;",?~"'h~-".~:::'T"4;'~:'~;:F"~ 3 w "f"T".''''~.'::<," "~'!:'~"II'!";~'-""[; c'.~ '"," """,c'~'IY~lr~.;oz'~:l;'~ e e MINUTES OF THE PUBUC HEARING AND REGULAR MEETING OF I.A PORlE CITY COUNCIL MAY 23, 1994 1. The rneeting was called to order by Mayor Pro Tern Deotis Gay at 6:00 P.M. Members of City Council Present: Mayor Pro Tern Deotis Gay, Councilpersons Guy Sutherland, Mike Cooper, Bob Thrower, Bob McLaughlin, Alton Porter, Jack Maxwell and Jerry Oarke Members of City Council Absent: Mayor Norman Malone Members of City Staff Present: City Manager Robert T. Herrera, Assistant City Manager John Joerns, City Attorney Knox Askins, City Secretary Sue Lenes, Planning Director Chuck Harrington, Director of Public Works Steve Gillett, Director of Administrative Services Louis Rigby, Fire Chief Joe Sease, Police Chief Bobby Powell, Director of Parks and Recreation Buddy Jacobs, City Engineer Fred Thompson, Special Services Superintendent Karen Beerman, Senior Services Assistant n Josie Hernandez Others Present: Patricia Muston, Gladys Roth, Peggy Warnock, Faye Stanley and Ed Farek (representing Pasadena-Bay Area PBX Oub), Barbara Carroll and Steve Valerias (representing Bay Day) 2. The invocation was given by City Attorney Knox Askins. 3. Council consider approving the minutes of the Regular Meeting held May 9, 1994. Motion was made by Councilperson McLau&hlin to apj)rove the May 9 minutes as presented. Second by Councilperson Sutherland. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Maxwell, Oarke and Mayor Pro Tern Gay Nays: None 4. Mayor Pro Tern Gay proclaimed the week of June 5 through June 11 as PBX/lELECOMMUNICATORS WEEK. Ms. Faye Stanley, President-Elect, received the proclamation on behalf of the Pasadena-Bay Area PBX Oub. Mayor Pro Tern Gay proclaimed the weekend of June 11 and 12 as GALVESTON BAY WEEKEND. Ms. Barbara Carroll, Chairperson of Bay Day, and Steve Valerius, Fund Raising Chairperson, accepted the proclamation. ~~::"''''Y''''''':'. e e Minutes Public Hearing and Regular Meeting La Porte City Council May 23, 1994, Page 2 5. The Employee of the Quarter award for January, February and March 1994, was presented to Senior Services Assistant n Josie Hernandez. Special Services Superintendent Karen Beerman highlighted Josie's career with the Senior Services program. A plaque was presented to Mrs. Hernandez. 6. Presentations were to have been made to retiring Fire Department employees Olen Pope and Jim Van, but they had already received their watches. 7. There were no citizens wishing to address Council. 8. The public hearing to consider granting Request #R94-001 to rezone a 17-acre tract of property from its present designations of R-l and N.C. to P.U.D., located at the southeastern comer of McCabe Road/Highway 146 intersection, was called to order by Mayor Pro Tem Gay at 6:16 P.M. Planning Director Chuck Harrington reviewed the request for Council. He stated that the Planning & Zoning Commission had recommended approval of the request and that staff concurs. Councilperson Thrower asked about water and sewer to the area. Mr. Harrington replied that water is there, and that sewer arrangements had been made with Gulf Coast Waste Disposal Authority. Mayor Pro Tem Gay asked if anyone wished to speak in favor of the request No one came forward. He asked if anyone wished to speak in opposition to the request, and again, no one came forward. Mayor Pro Tem Gay declared the public hearing closed at 6:19 P.M. and the regular meeting resumed at that time. 9. Council considered an ordinance amending Ordinance 1501, granting rezoning request #R94-001; by changing classification of that certain parcel of land from R-l and N.C. to P.U.D. Questions from Councilmembers were answered by Mr. Harrington. The City Attorney read: ORDINANCE 1501-R - AN ORDINANCE AMENDING ORDINANCE NO. 1501, BY CHANGING CLASSIFICATION OF TIlAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED; FINDING COMPUANCE WITII THE OPEN MEETINGS lAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DAlE HEREOF. e e Minutes Public Hearing and Regular Meeting La Porte City Council May 23, 1994, Page 3 Motion was made by Councilperson Oarke to ado,pt Ordinance 1501-R as read by the City Attorney. Second by Councilperson Thrower. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Maxwell, Oarke and Mayor Pro Tern Gay Nays: None 10. Council considered an ordinance appointing members to various Boards, Commissions, and Committees, of the City of La Porte. Mr. Herrera reported that discussions regarding various appointments had been held and recommendations had been finalized. The City Attorney read: ORDINANCE 94-1983 - AN ORDINANCE APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITIEES, OF TIlE CITY OF IA PORTE; PROVIDING A SEVERABIUTY CLAUSE; CONTAINING A REPEALING CIA USE; FINDING COMPliANCE WITH TIlE OPEN MEETINGS IA W; PROVIDING AN EFFECTIVE DATE HEREOF. The City Attorney then summarized the appointments as follows: Fire Code Review Committee: District 2, Richard Browder (1997); District 3, Tom Hayes (1997); Mayor, Emery Farkas (1997). La Porte Planning & Zoning Commission: District 2, Charles S. Engleken, Jr. (1997); District 3, Eugene Edmonds (1997). La Porte Area Water Authority: Position 4, James Sweeten (1996); Position 5, Jerry Bramlett (1996). La Porte Electrical Board: Chairman, Bob McLaughlin (1996); Position 1, Terry Groff (1996). Airport Advisory Board: Position 3, Deborah Rihn (1997); Position 4, Mike Miller (1997) . e Minutes Public Hearing and Regular Meeting La Porte City Council May 23, 1994, Page 4 Board of Adjustment: Position 1, Dr. Deborah Bernay (1995); Position 2, Bob Capen (1996); Position 3, Sidney Grant (1997); Position 4, Willie Walker (1995); Position 5, Charles Christensen (1996); Alternate 1, Ruben L. Salinas (1997); Alternate 2, James Zoller (1995). Civil Service Commission: Robert Swanagan (1997) Southeast Texas Housing Finance Corporation Board: Patricia Muston (1997) Motion was made by Councilperson Coo,per to adopt Ordinance 94-1983 as read by the City Attorney. Second by Councilperson Porter. The motion carried, 8 ayes and o nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Maxwell, Clarke and Mayor Pro Tem Gay Nays: None 11. Council considered approving an ordinance authorizing the Mayor to enter into a contract with Harris County for fire protection of Zones 33 and 34. Fire Chief Joe Sease explained that this is the annual fire protection contract. The major change this year is the dates of the contract, which bave been changed to run from March 1 through February 28. Motion was made by Councilperson Cooper to adopt Ordinance 94-1984. Second by Councilperson Sutherland. There was no vote taken. The City Attorney then read: ORDINANCE 94-1984 - AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN TIlE CITY OF IA PORTE AND HARRIS COUNTY, FOR TIlE CITY OF IA PORTE TO PROVIDE FIRE PROTECTION IN UNINCORPORATED AREAS OF HARRIS COUNTY; MAKING VARIOUS FINDINGS AND PROVISIONS RElATING TO TIlE SUBJECT; FINDING COMPliANCE WITH TIlE OPEN MEETINGS lAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Clarke to approve Ordinance 94-1984 as read by the City Attorney. Second by Councilperson Thrower. The motion carried, 8 ayes and 0 nays. e e Minutes Public Hearing and Regular Meeting La Porte City Council May 23, 1994, Page 5 Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Maxwell, Clarke and Mayor Pro Tem Gay Nays: None 12. Council considered an ordinance approving and authorizing an agreement between the City of La Porte and the City of Shoreacres for Emergency 911 dispatch and jail services. Police Chief Powell reviewed the item for Council. Questions were asked as to whether any more personnel would be required, if the dispatch service would be overloaded with the extra calls coming in, and the extent of La Porte's liability when handling a prisoner who has been arrested by Shoreacres police. Mr. Herrera and Mr. Askins answered the questions regarding these issues. The City of La Porte has added a "hold harmless" clause in the contract to deal with the liability issue. The City Attorney read: ORDINANCE 94-1985 - AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN TIlE CITY OF IA PORTE AND TIlE CITY OF SHOREACRES PURSUANT TO TIlE AUTHORITY GRANTED BY CHAPTER 791, "INTERWCAL COOPERATION CONTRACfS", TEXAS GOVERNMENT CODE; PROVIDING FOR PROVISION OF CERTAIN GOVERNMENTAL SERVICES BY TIlE CITY OF IA PORTE TO TIlE CITY OF SHOREACRES; MAKING VARIOUS FINDINGS AND PROVISIONS RElATING TO TIlE SUBJECf; FINDING COMPLIANCE WITII TIlE OPEN MEETINGS lAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson McLaughlin to adopt Ordinance 94-1985 as read by the City Attorney. Second by Councilperson Thrower. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Maxwell, Clarke and Mayor Pro Tem Gay. Nays: None 13. Council considered an ordinance approving and authorizing a contract between the City of La Porte and Pas-Key Construction Service for a 12" water line extension along Fairmont Parkway (CLP Project #94-6101). Mr. Chuck Harrington reviewed the location of the proposed water line extension. ':"?'~~~1irtt'Y)f-: e e Minutes Public Hearing and Regular Meeting La Porte City Council May 23, 1994, Page 6 The City Attorney read: ORDINANCE 94-1986 - AN ORDINANCE APPROVING AND AU1HORIZING A CONTRACf BETWEEN THE CITY OF LA PORlE AND PAS-KEY CONSTRUcnON SERVICES, INC., FOR CONSTRUcnON OF A 12 INCH WAlER liNE EXTENSION, FOR A CONTRACf AMOUNT OF $17,291.80; APPROPRIATING $10,412.99 TO FUND SAID CONTRACf; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECf; FINDING COMPliANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DAlE HEREOF. Motion was made by Councilperson Clarke to ado,pt Ordinance 94-1986 as read by the City Attorney. Second by Councilperson Thrower. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Maxwell, Clarke and Mayor Pro Tern Gay Nays: None 14. Council considered authorizing the City Manager to execute Change Order #4 in the amount of $15,767.00 to the contract between L A Utilities, Inc., and the City of La Porte and further authorize an additional appropriation of $13,864.25 to the State Highway 225 utility line crossing project. Mr. Harrington reviewed this request for Council. Motion was made by Councilperson Porter to ap,prove authorizin~ the City Man~~er to execute Chan~e Order #4 in the amount of $15.767.00 to the contract between L A Utilities. Inc. Second by Councilperson Sutherland. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Maxwell, Clarke and Mayor Pro Tern Gay Nays: None 15. Administrative Reports: A Mr. Herrera asked Council to please mark their calendars for June 3 for the scheduled Police Banquet. e e Minutes Public Hearing and Regular Meeting La Porte City Council May 23, 1994, Page 7 B. Mr. Herrera announced a Memorial Day celebration sponsored by the VFW, on May 30 at 11:00 AM., and that the City Council is invited to attend. The Mayor Pro Tem is invited to lay a wreath at the memorial at that time. C. Mr. Herrera asked Council to see if they had a conflict with a proposed retreat to be held July 8, 9, and 10 at Del Lago. Carol will call each member to see if there is any conflict. D. Steve Gillett presented a follow-up report on sanitary sewer system repairs that Mr. Joerns had reported on at the May 9 meeting. He described a proposed plan to relieve the problem, to be undertaken by Furlow Services, Inc., of La Porte, at a total estimated cost of $32,500. The work should take two weeks to complete. He will have a contract for Council approval at the Council meeting on June 13. 16. Councilpersons Clarke, Maxwell, Porter, McLaughlin, Thrower, Cooper, Sutherland and Mayor Pro Tem Gay brought items to Council's attention. 17. Council adjourned into executive session at 7:12 P.M. under VA T.S. Article 6252-17, Section 2(E) - (Legal), to receive report from City Manager and City Attorney regarding pending lawsuit(s). Council returned to the table at 8:30, with no action being taken. 18. There being no further business to come before the Council, the meeting was duly adjourned at 8:31 P.M. Respectfully Submitted: ~Oj .-/ Sue Lenes, City Secretary ~~, -~~ -,...,~~- ^".-"" .....,-..."'~.~,:':F.;',::7<"L''::w~~ _,,"""""_ e . 1 """:'R~,:~~,-:t~':T,'tt>~_,~."am""':'[""""<1:'\"i,7':,>",,'ry'!"87,F"\,,-..~:~~'::f:"P'~;:;i';;f~'-F,,-:;'iF':"':': · Office of th: Mayor 0\1 (],Q c. ~tIi~~ . ..- ~<? f l~.on........;...C... :'," ',',~ " , " . Il1Jltereas: PBX/l'e1ecommunicators of Pasadena-Bay Area is a non-profit, philanthropic organization with membership open to te1ecommunicators who answer telephones at any directory listed business number, and WHEREAS, the objectives of PBX/l'e1ecommunicators are to meet and discuss problems relating to te1ecommunicators; to sponsor phi1anthropic projects jJr the benefit of humanity; and to promote good will among te1ecommunicators, employers and telephone companies; and WHEREAS, each year a week is set aside in the 50 states, Canada and Mexico to recognize the outstanding MOrlc of PBX/l'elecommunicators; and WHEREAS, it is most fitting and appropriate to commend PBX/l'e1ecommunicators jJr the outstanding service they have rendered to the pubUc over the years. NO\v, THEREFORE, I, NORMAN L MALONE, MAYOR of the City olLa Porte, do hereby proclaim the week of June 5 through June 11, 1994, as PBX/fELECOMMUNlCATORS WEEK. in the City of La Porte, and encourage all citizens and civic organizations to recognize the contributions which the PBX/l'elecommunicators provide. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed hereto, this the 23th day of May, 1994, ~~;~~~,~. .'F'" ~. (1,!l~J'i~ > \ ~d -.;. . "..~ /-""fo.., ..~,'l." ....'"',,:,,~'\ I >,: I~ c','; 0' ~/:' ; ~<t'~ ; ",a:r--- : l' \ '.#', .::C'~ \/,;:,">.,:. .'~. <<':;f '~~-- CITY OF LA PORTE r.b~( No an Lalone, ayor '---'.:"'--"i!"":"!'-'~~~~l~q;,~:~:;'4-:-:;:";,'Fg~~~-~~~~",:~~-.'00",_'_' e. . Office of the Mayor o \t C1Q 1)& ~~^ , G(? \ x ~ nn ~rrra5: . Galveston Bay is a natural resowr:e of tremendous ~ "t value and prrMdes important commetdal, recreational, and ecological benefits to all the citizens of the State of Texas; and WHEREAS, the United States Congress has dedored Galveston Bay to be a Nationally Significant Estuary; and WHEREAS, the Bay Day Steering andAdvisory Committees have been jJrmed from representatives of commen:e, 1falIi&ation, reaeation and conservation organizations to plan, conduct and support a public adebration of Galveston Bay scheduled for June 11 and 12, 1994, at Sylvan Beach Pork and named BAY DAY; and WHEREAS, BAY DAY willshowcose Galveston B~ its multiple uses, and its culturrd, historical, commerdal, educational, and recreational opportunities with entertainment, exhibits and water-related activities for families of all ages; and WHEREAS, the City of La Porte has long recognized the many diverse benefits and users of Galveston Bay. NO~ TIlEREFORE, I, NORMAN L MAWNE, MAYOR of the City of La Porte, do hereby proclaim June 11 and 12, 1994, as GALVESTON BAY WEEKEND in recognition of the many benefits and beauty of Galveston B~ and wge all citizens to be m\.\7re of and enjoy the many BAY DAY activities at Sylvan Beach Park on June 11 and 12, 1994. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed hereto, this the 23rd day of M~ 1994. .,,~~ ...;---" \, \ ~J':o,..n,..,' I.?~~. ".,:" ~ -'T~ fi: .::~ j ,,~""J ~ :: '~. ::".~ J"~''\ ~ -;', ;;. "~ ::. /;.;~'" ". '::. !,,~ i ;', . ~ ~" _~ ,,?- ,t'~"'" :{1 >,~'-:.:; ..,~ /1 II..~Mi't~~S>./ "" \.;-::"!. ".~- CITY OF LA PORTE h~~~ nnan L Malone, Mayor <~'~Jl~nWfY:;~~{;'" ~'~~-i'f4;I-'':fW;~;,c,T "'~?;~'c".'<~' e e - "EMPLOYEE OF THE QUARTER" NOMINA TION FORM Employee's Narpe: Job Title: Sr. Services Assistant II Josie Hernandez Hire Date: 9-29-80 Nominated By: Karen Beerman Department: Parks & Rec, Yes / No Yes 1, Completed six (6) month introductory period, No 2, Any reprimands in personnel file during past twelve (12) months, Yes 3, Satisfactory safety record, both vehicle and personal. Yes 4, Serves as a positive role model for other employees in re,gard to attitude, performance, and ability, Yes 5, Performs over and above his/her regular job duties and requirements, No 6, Has this employee been selected for "Employee of the Quarter" before? If yes, please state when, 7, For the past twelve (1 2) months has received the following overall score on his/her evaluation (please check one only): _ Superior -L Excellent _ Satisfactory 8, Please write a paragraph explaining why this employee is being nominated for "Employee of the Quarter", (attach supplement pages as needed) Josie consistentlv performs over and above reaular iob duties, She does not auestion whether a task is her iob - she iust does it and does it well, In mv eleven vears of supervisine Josie, she has not once failed to complete an assiened task or been late in completine the task. She will take work home in order to complete the iob ahead of time, As a positive role model for other emplovees, she's the best! She is pleasant to everyone with an upbeat, cheerful attitude. She reports to work before 8 o'clock and does not rush out of the buildine as soon as the clock hits auittine time, Supervisor's Signature: //~~ ~ Date: 6.r21 9t/ ct) - -. -~".,.,,,.c;r'""~'-:~~:;l?:);~-"'l'!~--:.!-- - _---.~.c-<-"_'------~--- '?;,~~~'C'::t'- e ~;~"?_--:~"', ~--,",,"::~~"-?"" ~;;';t~~.lis:~~g.f'?";;if~'--:.~ .':6\T:, -, ;f:i~l~12 4<i/~:_~''';- ,- '7f"'C ---'--:_:>;~~:::'c':,p~~~::j~~f~~'t;?~'I"I'fL~:'''':;':~''':''--': e REQUEST FOR CITY COUN.GENDA ITEM Agenda Date Requested: Mav 23,1994 Requested By: Charles R. Harrinaton (t}/,/// Department: P1annina X Report Exhibits: Resolution x Ordinance 1. Transmittal letter from Planning and Zoning Commission to Mayor and City Council 2. Staff Report 3. Rezoning Ordinance (1501-R) SUMMARY & RECOMMENDATION Rezonina Reauest #R94-001 This request seeks to rezone a 17 acre tract of property from its present designations of R-1 and N.C. to P,U,D, The property is located at the southeastern corner of the McCabe Road/Hwy. 146 intersection. The Planning and Zoning Commission considered this request at its April 21, 1994, Public Hearing and regular meeting. The Commission has recommended that the requested rezoning be granted. As required by ordinance, staff has mailed notices to all owners of property located within 200 feet of the tract in question. A total of 4 notices were mailed. As of the date on which this request is being prepared (5/16/94), no replies have been received, Should any replies be returned prior to May 23, staff will present these to the Council during the course of the Public Hearing. Staff concurs with the recommendation of the Planning and Zoning Commission and requests approval of this rezoning petition. Action Required by Council: 1, Conduct Public Hearing, 2, Consider granting Rezoning Request #R94-Q01, Adoption of Ordinance 1501-R will approve and grant the rezoning, Failure to adopt will deny the rezoning. Availability of Funds: N/ A General Fund _ Capital Improvement Other Water /Wastewater. General Revenue Sharing Account Number: Funds Available: YES NO ApDroved for City Council Agenda R~~rr~ ~ City Manager 5h~ \ 'll.{ DATE <~~:;;;'''':,,'_;''--~'3:"J}~~:t~'{":~~;:~-:'i'''-'~_~ e ORDINANCE NO. 1501-R . AN ORDINANCE AMENDING ORDINANCE NO. 1501, BY CHANGING CLASSIFICATION OF THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. , Jo' BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby finds, determines and declares that on the 21st day of April, 1994, at 6:00 p.m., a Public Hearing was held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant to due notice, to consider the question and the possible reclassification of the zoning classification of the described parcels of land. There is attached to this Ordinance as Exhibit "A", and incorporated by reference herein and made a part hereof for all purposes, a copy of "Notice of Public Hearing" which the City Council of the City of La Porte hereby finds was properly mailed to all owners of all properties located within two hundred feet (200') of the properties under consideration. Section 2. The Publisher's Affidavit of Publication of notice of said hearing is attached hereto as Exhibit "B", incorporated by reference herein and made a part hereof for all purposes. Section 3. Subsequent to such public hearing, the City of La Porte Planning and Zoning Commission met in regular session on April 21, 1994, to consider the changes in classification which were the subject of such public hearing. The City Council of the City of La Porte is in receipt of the written recommendations of the City of La Porte Planning and Zoning Commission, by letter dated May 10, 1994, the original of which letter is attached hereto as Exhibit "C", incorporated by reference herein and made a part hereof for all purposes. '~#;r:''':f'-::F~'U';'~:?>--'''':"",~~~"_",~=_,,, "...,.,I!.ftiUle!~,~~;~c;"~_',,""-' Page 2 of3 Ordinance 1501-R e e Section 4. On the 23rd day of May, 1994, at 6:00 p.rn.., a public hearing was held before the City Council of the City of La Porte, pursuant to due notice, to consider the question of the possible re-classification of the zoning classification of the hereinafter ,/ described parcels of land. There is attached to this Ordinance as Exhibit "D", incorporated by reference herein and made a part hereof for all purposes, a copy of the "Notice of Public Hearing" which the City Council of the City of La Porte hereby finds was properly mailed to the owners of all properties located within two hundred feet (200') of the properties under consideration. Section 5. The Publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for all purposes. Section 6. Subsequent to such public hearing, the City Council of the City of La Porte reviewed the written recommendations of the City of La Porte Planning and Zoning Commission, and all of the evidence presented before it, and the City Council of the City of La Porte hereby accepts the recommendation of the City of La Porte Planning and Zoning Commission, and the zoning classifications of the hereinafter described parcels of land, situated within the corporate limits of the City of La Porte, are hereby changed and the zoning classifications of said parcels of land shall hereafter be as follows to-wit: The 17.00 acre tract out of the W.P. Harris Survey, Abstract #3, which is more particularly described by metes and bounds on Exhibit "F' and graphically on Exhibit "G", attached hereto and fully incorporated by reference herein; Said described tract shall hereafter be zoned Planned Unit Development. .'i;~1;f~ti"'~\6~;i,;' . -:sy',':~":-'/:'-~Y?'?-- :";';~"':'?~l'~\'W\%-,,"",, y- ,"li\~~fi;::'''1;?9:''':: Page 3 of 3 Ordinance 1501-R -- e Section 7. 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 , J.' 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 8. This ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper in the City of La Porte at least twice within ten (10) days after the passage of this ordinance. PASSED AND APPROVED this 23rd day of May . 1994. CITY OF LA PO~ By:~d; ~ DHKglXDK M Deotis Gay, Mayor Pro Tem ArrEST: By: Sue Lenes, City Secretary ~~ ong ity Attorney Porte ~,_~C-8"!,':~7;;'mW-m'l'~"Y"",~"'--~ " e e CITY OF LA PORTE FACSIMILE MESSAGE DATE: ...MAY28, 1994 TO: ~S COMPANY: ...BAYSIIORE SUN FAX NO.: ..1l3::411=S163 FROM: Sue Lenes REPLY TO: CITY OF LA PORTE P.o. BOX 1115 LA PORTE, TEXAS 77572-1115 PHONE NO.: (713) 471-5020 FAX NO.: (713) 471-7168 NUMBER OF PAGES (INCLUDING THIS COVER PAGE): 2 e PUBLIC NOTICE ORDINANCE NO. 1501-R It AN ORDINANCE AMENDING ORDINANCE NO. 1501, BY CHANGING CLASSIFICATION OF THAT CERTAIN PARCELS OF LAND HEREIN DESCRIBED; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. CITY OF LA PORTE -s- Deotis Gay, Mayor Pro Tem ATTEST: -s- Sue Lenes, city Secretary APPROVED: -s- John Armstrong, Assistant City Attorney - ..--~c~~"~=:~-~--- ~~~\~~'iF1"'m~~1,~t__~"~",:",,,-~,'YY>","'t:l;~;-.-, - -N---"~fq~t;;'J:t!;:'~:T~';;lI';<i~~~,~?,~-'-~~.__~_"_""",_,,",,,~itrf!(','iJ ~ - e, THE STATE OF TEXAS ) COUNTY OF FJURRIS ) , J.- CITY OF LA PORTE ) NOTICE OF PUBLIC HEARING In accordance with the provisions of Ordinance 1501, the city of La Porte Zoning Ordinance, notice is hereby given that the La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 21st day of April, 1994, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider rezoning request R94-001. This request, submitted by Mr. Edward Cooke and Mr. Edward Dutke on behalf of Forest Holdings, L.L.P, seeks to rezone a 17 acre tract out of the W.P. Harris Survey, Abstract A-30. The tract in question is located at the southeastern corner of the McCabe Road & Highway 146 intersection. . The zoning designations presently assigned to the property are N.C: (Neighborhood- commercial) and R-1, Low Density Residential. The applicants are seeking a rezoning to P.U.D. (Planned Unit Development) with an under laying land use of Mid to High Density Residential. The .9338 acres of land located at the northwestern corner of this tract is to retain its present N. C. (Neighborhood commercial) Zoning. A regular meeting of the Planning and Zoning commission will follow the public hearing for the purpose of acting upon the public hearing items and to conduct other matters pertaining to the Planning and Zoning Commission. citizens wishing to address the Commission pro or con during the Public Hearing will be required to sign in before the meeting is convened. r CITY OF LA PORTE Sue Lenes city Secretary EXHIBIT A >';~r~~:~N('<~{;:,""<:f::~~IF:' '.~i"..';',\, '~~~f!"i')?'\'~~~~~tr:~;:'0~""~:.:~i;-"'" 1200 Hwy, 146 Suite 180 P,O, Box 1414 ( e ( . La pone; Texas 77571 (713) 471-1234 TheB re SUD .J~ '. ~ County of Harris State of Texas Before me, the undersigned authority, on this date came and appeared Sandra E. Bumgarner, duly authorized agent of The Bayshore Sun, a semi-weekly newspaper published in La;Porte, Harris County, Texas, and who after being duly sworn, says the attach~d notice was published in The Bayshore Sun of April 06, 1994 0~,A.L~ s~ndra E. Bumgarnef Office Manager Sworn and subscribed before me this ~ day of ~~ A.D. 19CJr./. ~ '-- ,/;,. 5JId~Jc' 7-.-- ~ ----~ .....- Notary Public Harris County, Texas EXH'B\T B . J: ,J. ,--'11;" -'~"F"."""'~~i!'~_""!:;"':'}''''-_' ;'.~',?,c,r~_,!,:C'C'f':fIJM::r~;;07 . . NOTICE OF PUBLIC HEARING In accordance with the provisions' of · Ordinance 1501,Ihe City of La Porte Zon- ing Ordnance, notice is hereby given that the La Porte Planning and Zoning C0m- mission will conduct a public hearing at 6;00 P,M. on the 21 st day of Apnl,1994, in the Coul1Cll Chambers of the City Hall, 604 West Fainnont Parkway. La Porte; c Texas, Tbe purpose of this hearing is to consclier rezoning request R94-OO1, This request, submitted by Mr, Edward Cooke and M/', Edward Dutka on behalf of Forest HoldinQs. LLP.. seeks to rezone a 17 . acre tract out of the W.P, Harris Survey, . Abstract A-30, The tract in question is ! located at the soU1heaslem comer of the : McCabe Roa . & Highway 146 intersec- i ticn. . Zo ng '. ignations presently assign to pro 818 N,C; (Neigh-' . borh Co ' ) and R-1, Low Den- sityResi . applican 818seek-; ing a rezon' g t .0:" ( ned Unit . Developmen' laying land! use of Mid ntial_ , The ,9338 a t the ' northwestern me of "s. ct is to retain its" present " (Neighborhood:' Commercial).Zoni~, " " {.,' .:;.: ,,~~.~:- -:::. ". . ~~" A regular meeting of the Planning and '. Zoning Commission wiD follow the pOblic' i hearing for the purpose of acting upon the, public hearing items and to conduct other ' matl8rs 'pertaining to the Planning and Zoning ~mis~ion. :~""" '.<: . : Citizenawishing to address the Commis- sion pro or con during the Public Hearing "! , wiD be requiied to: ~.ign. iI1 be~ 1;he.mee.....~j - log is convene~L. .' " . ,. j' ';;V~~;p~.".i€~~:~;:~[:' ~/' ~:~:;,l.~~ ',City Secretary,~,,; ._'., ,'. . .. ,','. ,".1 ..',. '1 PUBUC NOTICE THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE :'-; . ....:~. :~~; EXHIBIT B ~:"Rrc:o:":.:',:r'78-;"'~-::'::".'T::.'_~'_':''l''3';;;;;;':C''''J'l!fY~'~':.::.:~"'U~~~f5'{l,''''~;-,!t~ ,,!':O:,~:~,'''''''~',''{~/r: "'O':ygg", "i7~,',:,;~,_'V"t{.}~ e City of La Porte Established 1892 May 10, 1994 Honorable Mayor Norman Malone City Council City of La Porte RE: Rezoning Request R94-001 Dear Mayor Malone, The Planning & Zonfug Commission, at its April 21, 1994 Public Hearing and regular meeting, considered rezoning request R94-001. This request seeks a rezoning of a 17 acre tract out of the W.P. Harris Survey, A-30. The property, which is located at the southeast comer of the McCabe Road/Highway 146 intersection is in part, zoned R-l, Low Density Residential. Another portion of the tract is zoned Neighborhood Commercial. The applicants are requesting a rezoning to P.D.D. with an underlying land use designation of mid to high density residential. The staff report regarding this request and map exhibits illustrating property location and configuration are attached and follow this letter. The Planning & Zoning Commission, based on the facts and considerations presented during the course of public hearing has, by unanimous vote, recommended City Council approval of the requested rezoning. ;;ctfullY s~~ Bet:i:: Challman La Porte Planning & Zoning Commission xc: Planning & Zoning commission Robert Herrera, City Manager John Joerns, Assistant City Manager Charles Harrington, Director of Planning John Armstrong, Assistant City Attorney EXHIBIT C P.O. Box 1115 · La Porte, Texas 77572-1115 · (713)471-5020 '-";'~~?:"1<;'::;~1Y;y'!t';~J".;->~:;~:'''~'~,:,~;,~~e., ':::~"'.' "7;;:~~".';""'~:~~:/;~,T,~:~'_%'!!3?'1!~~:"'!;\"~....,,_,,""~:"I'..!\.',-_.,_~,,~~~:~'f"" ~ e e THE STATE OF TEXAS ) COUNTY OF HARRIS ) J' . CITY OF LA PORTE ) ..~ NOTICE OF PUBLIC HEARING In accordance with the provisions of Ordinance 1501, the City of La Porte Zoning ordinance, notice is hereby given that the La Porte City Council will conduct a public hearing at 6:00 P.M. on the 23rd day of May, 1994, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider rezoning request R94-001.. This request, submitted by Mr. Edward Cooke and Mr. Edward Dutke on behalf of Forest Holdings, L.L.P, seeks to rezone a 17 acre tract out of the W.P. Harris Survey, Abstract A-30. The tract in question is located at the southeastern corner of the McCabe Road & Highway 146 intersectiolJ.. The Zoning designations presently assign~d tcr the property are N.C. (Neighborhood Commercial) and R- 1, Low Density Residential. The applicants are seeking a rezoning to P.U.D. (Planned Unit Development) with an under laying land use of Mid to High Density Residential. The. 9338 acres of land located at the northwestern corner of this tract is to retain its present N.C. (Neighborhood Commercial) Zoning. A regular meeting of the City Council will follow the public hearing for the purpose of acting upon the public hearing items and to conduct other matters pertaining to the City Council. citizens wishing to address the City Council pro or con during the Public Hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Sue Lenes City Secretary EXHIBIT D .; e e La Porte; Texas 77571 (713) 471-1234 . . 1200 Hwy. 146 Suite 180. P,O, Box 1414 re SUD .i. f County of Harris State of Texas Before me, the undersigned authority, on this ~ate came and appeared Sandra E. Bumgarner, duly authorized agent of The Bayshore Sun, a semi-weekly newspaper published in La Porte, Harris County, Texas, and who after being duly sworn, says the attached notice was published in The Bayshore Sun of ~.ay 08, 1994 /~~.~~~ Sandra E. Bumgarner Office Manager Sworn and subscribed before A.D. 19 ?/r. me this It day of ~ ~~h,. d~ No ry Public H a Y,).-b~j.l"p..u,.,..........j.-'~Yk""'''''''''''''''''''''~ ~ o~~Y"II... FRANCES M, WtLlIAMS~ ~: ~~ NOTARY PUBUC, STATE OF TEXAS ~ S ~,]1f(, ~ MY COMMISSION EXPIRES 8 ~ ""'~O'1~ MARCH 26. 1998 ~ ~........................................ ....................",.............................. ..........................~ r. EXH1BtT E e .~ EXHIBIT E e I PUBUC NOTICE.. THE. STAT~ .OF..-TEXAS COUNTY OF HARRIS' CITY OF LA PORTE NOTICE. OF PUBLIC HEARING .'. In accordance with the provisions of Ordinance 1501, the City of La Porte Zon- ing Ordinance, notice is hereby given that the La Porte City Council will conduct a public hearing at 6:00 P.M, on the 23rd day of May, 1994, in the Council Cham- bers of the City. Hall. 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider rezoning request R94-OO 1, This request. submitted by Mr, Edward Cooke and Mr, Edward Dutka on behalf of Forest Holdings, L.L.P., seeks to rezone a 17 acre tract out of the W,P, Harris Survey. Abstract A-30, The tract in question is located at the southeastern comer of the McCabe Road & Highway 146 intersection, The Zoning designations presently assigned to the property are N,C, (Neighborhood Com- mercial) and R-1, Low Density Residen- tial, The applicants are seeking a rezon- ing to P ,U,D, (Planned Unit Development) with an under laying land use of Mid to High Density. Residential. The ,9338 acres of land located at the northwestern comer of this tract is to retain its present ,N,C, (Neighborhood Commerical) Zoning, A regular meeting of the City Council will follow the public hearing for the pur- pose of acting upon the public hearing items and to conduct other matters per- taining to the City Council. : ' Citizens wishing to address th8City CounCIl pro or con during the Public Hear- ing wBl be required to sign in before the I meeting is convened. ! CITY OF LA PORTE I ~~ ~=tary :: I i I I --~-T " -~::~~~"< < ._?,;::'::"::~U}'jN~'::?t:7:":;;::,'\,'tT<':~'~:~~%':W:c'J~~:~~f'T'i":!,:')= . e March 31, 19~14 DESCRIPTION OF A 17,00 ACRE TRACT OUT OF A 6.926 ACRE TRACT AND A 100,430 ACRE TRACT OUT OF THE W. p, HARRI~ SURVEY, ABSTRACT NO. A-30, HARRIS COUNTY, ~EXAS CO~ENCINC at the intersection of the Soulh right of way line of McCabe Road, 60 foot right of way, and the Easterly right of way lin~:~f State Highway 146; .. ... THEm::E NSSO)S'4S"E, along the South right of way line of McCabe Road, a distance of 21~.55 feet to the p1aco of beginning of the 17.00 acre tract hereinafter described; THENCE from Raid beginning carper continuing NSe035'45ftE, ",long the South rit)ht of way linQ of McCabe Road, a db;tance of 543.52 feet to a polnt fur corner; THENCE Sl024'15"E, a distance of 842.83 feet to a point for corner; THENCE S88035'45"E, para~lel to the South line of McCabe Road, a diatance of 1137.09 feet to a point for corner in the Easterly right of way line of Scate Highway 146; THENCE along the Easterly right of w"'y line of State Highway No. 146, N220S6'51"E 341.27 feet and N22022'08"E 331.24 feet to a point for COrnel"; THENCE S670)7'52"E, a distance of 200.06 feet to & point for corner; THENCE N2202'2' OS"E, a distance of )38,10 feet to the place of beginning and containing 17.00 acres, more or less. r EXHIB1T ~ JAMES W. GARTRELL, JR. GULf' COA$T ENGINEERING AND SURVEYING 2-199 CONSlltrlNOlJltllllEU - SlIlrrrOIl ," 0, IfIX #1 lA MAllO"', TUA$ n... 40'/116'1411 TUA$ aIr lr~/UA_ ""',.,"" ,0 / .::t: / -~----4 / 0)/ / ;: , , .~ ~ ] ~ :(i! ~ -~f; I " ~ ~ iii ;~ 4 e e () -ftI- ^ ~ "'~ ll' ~~ ~<i d-, ~ -'1;. 1-~ ~\S' ....- o :CUll- - C"61J'O - > ...,. 4ft ~ .... () Q.... "" 0 ....1 W A tit . "" v:J t en '-Q...... 0 :r '" 0 ..; ..... 0\ I , 0 \oj 0 w - Cl .. - '" .... '" .., .... .... '" r .. R.O,W 80 Me CASE ROAD 01\ 'I ... ~ 111 :.u ';{I ~ . oj " l' ;/ ~'? 0<f1 _______ 00 I ;t ,- - - -! / s ee>o.3 'F'4;;"G .~ :Z:Z:5?O~' v ',I" l:.~ ~~ ~<" 1 N~O:'J7.& P'8.,P''7' .q,~' / ~~ fl, ~. .- .~ ~ ~)~ ':,'. ~ .; !~ il r] I ~-~ I ~I' 400 200 o . ~lICfKT 200 GULF COAST ENGINEERING . AND SURVEYING eO.BOX 382 LA MARQUE,TEXAS 77568 JR, p"E.,RP.S, I TELEPHONE NtAt8ERS - TEXAS CITY-40t-935-216Z .- HOUSTOH-.7"- .88-6969 JAMES W GARTRELL om; 1 RE'L "'~.~'~;j>'{J.}1~~""j")~"""" - ~""', "(<,\~'{f_(:'''7k_'i;~':;~':If''c;:;~~''_,,;Yf!if~~f:-'t'iFI}.;('1~r0!W~~~~~j)':.i;::-7L~.Jif.;j"'~ e City of La Porte Established 1892 May 10, 1994 Honorable Mayor Norman Malone City Council City of La Porte RE: Rezoning Request R94-OQ1 Dear Mayor Malone, - The Planning & Zoning Commissio~ at its Apri121, 1994 Public Hearing and regular meeting, considered rezoning request R94-001. This request seeks a rezoning of a 17 acre tract out of the W.P. Harris Survey, A-30. The property, which is located at the southeast comer of the McCabe Road/Highway 146 intersection is in part, zoned R-1, Low Density Residential. Another portion of the tract is zoned Neighborhood Commercial. The applicants are requesting a rezoning to P.D.D. with an underlying land use designation of mid to high density residential. The staff report regarding this request and map exhibits illustrating property location and configuration are attached and follow this letter. The Planning & Zoning Commissio~ based on the facts and considerations presented during the course of public hearing has, by unanimous vote, 'recommended City Council approval of the requested rezoning. ~ctfullY s~~ Bet:t:: Chairman La Porte Planning & Zoning Commission xc: Planning & Zoning commission Robert Herrera, City Manager John Joerns, Assistant City Manager Charles Harringto~ Director of Planning John Armstrong, Assistant City Attorney p.o. Box 1115 . Lap,lrte.Texasii5i2-1115. (713)471-5020 <. . CITY OF LA PORTE e -- APPLICATION FOR ZONE CHANGE REQUEST ---------------------------------------A~~li~~ti~~-N~~~---9~=--------- OFFICE USE ONLY: Fee: $100.00 Date Received: o3-3J-~4- Receipt No.: .J.s/79 ( ) Site Plan - ( ) Minor Development Site Plan ( ) Ma jor Deve-Iopment Site Plan ( ) Gene ral Plan ( ) Site Plans Submitted on ----------------------------------------------------------------------- APPLICANT'S NAME: J 0 RE<) T \iOLP1Nc'S' L .L. ~ Address: ~~O~ 'i3A"{OU 'F"R~7 te. Date: ~1\R.C\4 }:~,Lqq4 Signature: ~ , pCJA1"Ue - maIER'S NAHE: SAloI\e A'S ABovE Address: PH: Property Legal Description: ~ See Attached I AM THE OWNER OF THE HEREIN eDWAItO D'-'Tk..O IS AUTHORIZED DESCRIBED PROPERTY AND GOWAh./) CO(!)/f..E' (;~ TO FILE THIS APPLICATION ON MY B HALF. ~ P44.TPt~ Zone: Requested Zone Change: Signature: ?A~.1V1?It, - ~, 1<-) SIC No. Date: ~-d.~-C(~ Proposed Usage: N.Vl.~;t/ P4KliLf ---------------------------------------------------------------------- ---------------------------------------------------------------------- OFFICE USE ONLY N/A. I 61//2. f f t:t't I 1) Planning & Zoning: (a) Preliminary Meeting - (b) Public Hearing/Mtg. - Recommendation: (v) 2nd Mtg. A P P 1 i can t Not i fie d 0 f D ate ( s ) : yt;j; 1 s t M t g . Adjoining Property O\mers Notified: Y I J 2) City Council: (a) Regular Meeting (b) Public Hearing/Mtg. - App roved ( ) Denied () Adopted by Amendment Ord. #1501 - - CONTINUED ON NEXT PAGE Requested For: Requested By: Present Zonine: Reouested Zonine: Backeround: 'iJl':--:~ . ,'""~,."/':x~'~~:,';~~",,.~"r.,.'3'1".,.;;~~i \'\":t:5'{~"~"~~~,J~::~:7~':; e e ~ 17 acres out of the W.P. Harris Survey, Abstract A-30. The tract in question, which is located at the southeastern comer of the S.H. 146/McCabe Road intersection, is more completely identified by the metes and bounds description and survey attached to this report. (See Exhibits A & B) Mr. Edward Cooke and Mr. Edward Dutke, on behalf of Forest Holdings LLP. R-1, Low Density Residential and N.C. (Neighborhood Cominercial) (See Exhibit C) P.U.D. (Planned Unit Development) with an underlying land use of Mid to High Density Residential) (See Exhibit D) The tract in question became part of the City of La Porte in December 1988. It was taken into the City as part of the annexation of the former Bayshore Municipal Utility District (Ordinance 1626). Subsequent to annexation, the City updated and amended the Comprehensive Plan in order to apply it to the newly incorporated areas. As a part of this process, permanent zoning classifications were assigned to the various tracts and subdivisions (Ordinance 1501-J). The zoning designation assigned to the tract in question was P.U.D. The assigned land use designations were Low Density Residential and Commercial. An excerpt of the Land Use Plan illustrating these designations is attached to this report. (See Exhibit E) The present zoning designations were assigned in August, 1993, with the adoption of Ordinance 1501-Q. These designations were found to be compatible with the intent and goals of the Comprehensive Plan. The rezoning was requested in conjunction with the submittal of a General Plan for development of a single family home subdivision and small commercial area. Page 2 of3 PlAnning & Zoning Commission Meeting of April 21, 1994 R94-001 Analysis: ~:::'-"'-::'T"\~",E~;'.m~x,7~"~:1f,i,::'!i.-;,:-:~:m~\~T,T~'i;'n~.[.'cO';~~2~n-;"r:'k'~-'<'- e e The property owners have now re-evaluated development options and are requesting that 17 acres be returned to a P.U.D. designation. They are also requesting that land use designation be changed to "Mid to High Density Residential". This opens the possibility of placing higher density housing or apartments on the subject tract. In considering this request staff reviewed the intent and goals of the Comprehensive Plan as they apply to this portion of the City. The request appears to be compatible with these goals. It will however, be necessary to amend the Land Use component of the Comprehensive Plan. An illustration of the required amendment is attached to this report (see Exhibit F). Also attached as part of this exhibit is a checklist and snmmary of the specific issues considered as part of staff's review. Additionally, in reviewing the request staff has arrived at the following conclusions: · The request preserves the majority of this tract for R-1 development, specifically the proposed Bayou Forest Subdivision. It additionally preserves a viably sized N.C. zone at the S.H. 146/McCabe Road intersection. . As this area continues to develop, traffic volume at the S.H. 146/McCabe road intersection will, as a result, increase significantly. A higher density residential development would help buffer the proposed Bayou Forest Subdivision from the noise of traffic and commercial activity at the intersection. . The overall impact on the Comprehensive Plan will be minimal. Amending the Land Use component of the Plan will not negatively impact surrounding properties. · Assigning P.U.D. zoning will ensure Planning and Zoning Commission and City Council oversight of any development proposals. Page 3 of3 plAnning & Zoning Commission Meeting of April 21, 1994 R94-001 Conclusion: ..'.._c" ':-:n~1:"';.""-\!'::'''i ::':':;:':,~?~.,'-}'f';""'-':'-'~f-''':T~'1?,~:f'\:,S'$.;I~~~'~::;~J,iib-Jl":,"~--; '_'__0, e e Finally, it should be noted that the tract in question comprises a portion of the property covered by the Bayou Forest General Plan. Should this rezoning be granted, the existing General Plan will become invalid. As a result it will be necessary for the developers to: · Submit a revised Bayou Forest General Plan · Plat the subject tract either as a Section of Bayou Forest or as a separate subdivision. Based on the facts and considerations noted above, staff recommends the following actions: · Planning and Zoning Commission amend the Land Use component of the Comprehensive Plan in the manner illustrated on Exhibit F. · Vote to recommend City Council approval of Rezoning Request #R94-001, rezoning the tract in question to P.D.D. -":"':"'l?"'"'~,"~-:~',"- "-""'lm!~~9"7~"1,"1"-~':'";-~'y~';,:"F'. -~~'";':if;:~:;1~.'t4~~~~~r.m:'~r\!rV1'-~iltj!i3:i /;"~'/. e e March 31, 19~;4 DESCRIPTION OF A 17,00 ACRE TRACT OUT OF A 6.926 ACRE TRACT AND A 100.430 ACRE TRACT OUT OF THE W. P. HARRID SURVEY, ABSTRACT NO. A-30, HARRI~ COUNTY, 'rEXAS COMMENCINC at the intersection of the Soulh right of way line of McCabe Road, 60 foot right of way, and the Easterly right of way linejof State Highway 146; THENCE N660)5' 4S"E, along the South right of way line of McCabe Road, a distance of 21~.SS feet to the placo of beginning of the 17.00 acre tract hereinafter described; THENCE from Baid beginning eorner continuing NSe035'4S"E, along the South ri9ht of way line of McCabe Road, a d b;tance of 543.52 feet to a point fur corner; THENCE Slo24'lS"E, a distance of 842.63 f~et to a point for corner; THENCE S88035'4S"E, parallel to the South line of McCabe Road, a distance of 1137.09 feet to a point for corner in the Easterly right of way line of State Highway 146; THENCE along the Easterly right of way line of State Highway No. 146, N22056'S1"E 341.27 feet and N22022'OS"E 331.24 feet to a point for corneL; THENCE 567037'52"E, a distance of 200.06 fep.t t.o 8. point for corner; THENCE t122on'06"E, a distance of 33S,10 feet to the place of beginning and containing 17.00 acres. more or less. EXHIBIT A. JAMES W. GARTRELL, JR. GULP COAST ENGINEERING AND SURVEYING 2-199 CDNSUL TINa flta/NEE' - II/''Itra. f a. lOX JlI fA "A1IGIII, rEXAS "", 4011114.1411 rms t/1'1 7U/UA.A... IIfll'UIlII - R.O,W, ~ . I l ~ " \'--.... I} rri--, I, '. 0 '. ~." " l:ll =....__ ' '. j "",0 - > ":./ \.. I tD !;i, ... ... ~ "", I)> oo~"'o " 0 ~ ....t ""'.. 7\. ,\ ::.. I 0 \'l .... ... I ./ ....\\ ~lt c ~ r:;:g uo- " ...'v .... '" I ;:: 0 > . '" " '" _I.' I :-' 0 '"" g ...., "'\. ...- ... ~ \ \. '':1 ..._ ~i!i~ ''..,'.J. = __"<l' "-\\1 t+' ~ :::()~ . '" - ;::; -". "~I P'l ... -:n Co "~\ '-. ... ~~=- 1 ~O :: No .. p;.o _ :;: !'Ie; 1.6 ~'% .... ~ d\ '7~ - -"~ -:S. ~~ ~~ ~ i II ~ ~ ~ ;' 1 ~! I ~i ~! ~, i! ]: ~i \ ." ~I & l & J IN - -~ ^ .,.. ~ -:;:'V ~~ d-o. ~ -'1;. ":f,~ ~ ?jlU" "" - o 80' Me CASE ROAD r 01\ III .. ~ !.u 1.'\,1 "t ~ . >i l) \1 ;/ ~~ 0<f1 ______ 00 I ;t'- - - J / Se,e."3'7'4;:"i: .z:Z:!37.(J~' ?43.fZ!' ~ - OJ =I txJ .0 / ,:Z: / :;;/ (3)/ I /:- 400 zoo . SCAl.E 1ft nET o 200 GULF COAST ENGINEERING AND SURVEYING eO.BOX 382 LA MARQUE,TEXAS n568 JAMES W GARTRELL JR, P"E.,RP.S, TELEPHONE HUMBERS - TiiEV: TEXAS CITY-t09-93'-246Z ~ ,REV. HOUSTON-.7l3-""-6969 I .,<~,~:...,..,.. ";:'~ "?' ~,~,....;..",?:,:", "~"-->;~,f,'~!,-~:':'i ''r'C'''' ~'{"Tjlt"."" 'tfC' ~', ' ,~[. .~.-~~':Z,1!(~i\",,~~~~~~~:"'!r%w:~~!,;:t~~",";~~~,:;:::~-f-c:, e . ~ ~'~L ;'.::';1.f( 3,4"{-(>U. '~,!\,;-W :<~ .' 3.i~f :-:DP~.:::3r '';CLF^ :""" .'._.' ......... ,....__ .__.._ ........l R-l: IiJR DENSITY RESIDENTIAL NC NEIGHOORHCXD ro,1MERCIAL PUD: PIANNED UNIT DE\lElDRdENT ~.~. ~ICT AS ;SED ON j \ ~ , ~ :}~ ~ '1 "!t "i?; ";k't,, i!i ;~&Cl(8~V ,\';If. (A) R-I i 1 , ,,~Ot.;,.,OW 'fREE. .;}.v~. j li~ Cli ~'" "f1 Re-I r~: "~~<~$. i :~' ?l\, j \; ,.../ :i! ..,,'--. ..:~~.....yj' -J -"'$~.;'; ',~J ~ :..i;.;;..... l:E"" "":."','" '" . .....-.." "., "- , '. "'" t ':l} ,~.f',,,,., }1~;~..' ........~...j;-". .~ ':'~ 0; ~ -:;~~<-....-_~.......... <~..:;:~_'.'"i"$ ';I 'I L-R-I--. "':~~4':" >4.~ ;.~ . "1'-"-'''' ___. "';- . ~~- '-~ ~ .~ ," "f :~ ~ '~'pti ~.~ ,,', ~, ":.:.~ ~~.\~ ~ J i:~ .qj ',1 ' :. , 't .~ >{ "" . :i :~<tj .(~~ Tf ~ 1 J j " t I ) l3 t2 J.."., j <>~" ~;:-, r~~ .;:....,. ~~s.. .... ~~:~. .<' b ". "<:J ;~- ~ :f l~M~ ~'1~ ;"YACI ~~f .:-..... :.u;; ::2 - <';1""',: ~_:,..rr CITY OF LA roRTE zrnING MAP . EXHIBIT C ,..~..-::."",~..<.,. ;W:':~ ;:;" ,'" , j ~ ~JCT AS ;SED ON ;1 , -1 , % ~\",' e ". .1 ':), -,,!,,~,,,,,~- . --~'ir-"'ilf'"'''''''' '6C"~ '~'>'&'>~'.';~';. "',~' '~~,r.yiii*~~1'~~;c ---.----.--------------- ',..,<="":+~;.":"~~::.-;;.':'::':.,-~.;;;;;..-"- p-,.,'", -,." ",' .:0: ",-, e ~""'~~ ....?:>>. ;;':::;::::::1:-;.';.. '''-;;;.'; .*:~ ~N . '-".;~.~~~i\ \~\ :~~i..:j ~ .J 'q j ~ , .:1 -:~ :'~ ! ,;;I "Ji 3:4"1 ::"fYZ'CS T 30L.Y :.l- '}ct ~. - ~. i(~: -:i" .-..~ . . ~ ..~-_.. ... ,. ~ ~ 'LR-I- ::~4':' ~.~ - ~ .&.'.'-~' ':'-"IJR '. ~ -;1--. ,],..,,~ " -::;." ~" ..., .'...... ....".,.. ..N.-o.. .~. .'. .......... .'~_ ..d_~ ."..,> ." :1 ~ ~~ ~': . Ne :~ ~ l"~~ T - ;":~~~. ., 'l!1.{t.t.. . ~ :"'i,d I .: i 'r$l.'f: ~.(;~t.'1'tar:;~'lf .~vf'_ '"\. ~- 't .','f. :i " t~ Si . ..,. ~: '.';" i . (A) R-I ,.-;i. ,.;^ '~;~ 'l;,,,..~ :~~> R-l: If1{{ DENSI'lY RESIDENTIAL NC : NEIGHOORHCXD CX14MERCIAL PUD: PIANNED UNIT DEVEI.DPMENT '.~.:'. >*l:::'~e:: '.-"i.'; r' .1" . ' 1 EXHIBIT D CI'lY OF LA roRl'E ZCNING ~!AP f'I\,# . J ------ ''':;:':;;-0'" . . . . . . . .: 'Z ~ \ . . ,.. .... ~ L. - .. ~J "'~ : j SHOREACRES i I LEGEND f:..~~~~~',.~~~',.~~ CONTROLLED ACCESS HWY. ZONE 500' ALONG er . PARALLEL TO HIGHWAY RIGHT-OF-WAY PUBLIC USES 1)'~rrJ?tjt,rrrr~1 f ........J .............. . [.:.:.:.:.: .1 LOW DENSITY RESIDENTIAL USES MID TO HIGH DENSITY RESIDENTIAL USES COMMERCIAL USES EXHIBIT E CITY OF LA PORTE LAND USE PLAN -- '-7""-~~~: :r~t~ ff~:: p-'kC . - . . . . . . .. . . . . .~ \'l - .'~ . ~ \ , . ... t:. t:.: 7--~------~',,~--r-~ . " : I ':( SHOREACRES ~ :J Q a li LEGEND ~~~~~~....~~~....~~ CONTROLLED ACCESS HWY, ZONE 500' ALONG 8r . PARALLEL TO HIGHWAY RIGHT -OF- WAY PUBLIC USES k'ttttdf!j/,jtJ C::::::::I [.:.:.:.:.: .1 LOW DENSITY RESIDENTIAL USES MID TO HIGH DENSITY RESIDENTIAL USES COMMERCIAL USES CITY OF LA PORTE LAND USE PLAN EXHIBIT F -"':':7"'",:7"~~;.?:;:~~~.,,~~~_W~~?'m':":';''':21'fx)- '1~:~$"!i;7!,~,.!;,,,~~,~~1,!\,{:;i;~~~~,iWtZ;i~->'i";;C~-;'~;';;;;";';'--.--- e e Rezoning Request #R94-001 Comprehensive Plan Issues Checklist I. Land Use.l>>Ian: In order to allow the higher density housing requested by the applicants, this component of the Plan will require amendment. Given the location, (at a major intersection) the proposed configuration of the P.U.D. zone and the limited size of the tract, overall impact should be minor. Additionally, the impact could prove to be beneficial. The P.U.D. should buffer the adjoining R-1 property from noise and traffic at the intersection. II. Thoroughfare Plan: No impact. Highway 146 is designated as a Controlled Access Highway. McCabe Road is classified as a Local Collector Street. These roads should be able to accommodate any additional traffic generated as a result of'development with the proposed P.U.D. Additionally, the configuration of the P.U.D. zone will permit traffic access to both McCabe and the 146 feeder. This will allow development of an efficient traffic flow pattern. III. Utilities Plan: There is presently a 16" water main parallel to Hwy. 146. It extends from Fairmont Parkway to McCabe Road. This connects to a 12" main that parallels McCabe between 146 and South Broadway (Old Hwy. 146). Existing water mains should have adequate capacity to accommodate the needs of 17 acres of mid to high density development. Sanitary Sewer is not readily available from the City of La Porte. At a future time a decision will have to be made whether to extend a City main or allow sewer to be taken to Gulf Coast Waste Disposal. The City has adequate existing sewer infrastructure to accommodate a sewer extension to serve this area. Gulf Coast Waste Disposal should also have the capacity to serve the needs of a development of no more than 17 acres. A final decision regarding sewer will be made in conjunction with a specific development proposal. At this time it is sufficient to note that viable options exist to provide necessary sewer service. EXHIBIT ~l "-:C'~'.'.-,,,,~,,,,,;,.....,w~~~""""""',,'_"'T'~!t~M'"~;=""'~_"'~"'"~~-;;:::,...:,...", ..~:;"'::''f~~'':Ci~'~:;:St~ll.'i''''~>'1!n.~C:'fjf,i~;~_:''; ;',"~_..~ _____~,.: e e Page 2 of2 planni"g & Zoning Commission 4/21/94 R94-001 Comprehensive Plan Checklist J-' IV. Open Space Utilities Plan: No impact. V. Beautification Conservation Plan: No impact. VI. Safety Plan: No impact. VII. Park Zone: No impact. Issues regarding dedication of parkland (or money in lieu ot) will be addressed in conjunction with a specific development proposal. EXHIBIT F ""'.",,----. ";~.',,?,;}i:;:-ry''S'Z:~.,,!<)-{!'ll',.~,,'1'\f;f~ e :-~_.~._- '["':""",,:W~~:, -P->.",,:;"~1'~ ~:i<"';!'''>ii!!'f'\- e .:-:-_-=-......=;;.:::::._.::.:;~~""--.;.-"'~"-. /() .~.1?m~~~\~;;~~"."~.~_'I?if~;:.....i neST POR CITY COUNCIL AG~ Agenda Date Requested: :~y ~?-994 Requested By: citv coun~1l~ Department: Report Resolution X Ordinance Exhibits: Copy of Ordinance 94-1983 SUMMARY , RECOMMENDATION It is the custom each year for the City Council to appoint members to various Boards, Commissions and Committees for the terms which are expiring in May of the current year. This item is before Council for approval. Action Required by Council: 1. Consider adoption of ordinance appointing members to various Boards, Commissions, and Committees. Availability of Funds: General Capital Other Account Number: Fund Water/Wastewater Improvement General Revenue Sharing Funds Available: YES NO ~DDroved for City council Aqenda ~~I'~ Robert T. Herrera City Manager s-, & -9'4; DATE ~~T". _..~..~.~..-., "--!"'-.-,_",-,"'--"'i'R"}"":""-_~~''-='~-'''' ___'~_'__~'~______,_____"~,,,,__ e e ORDINANCE NO. 94- 1983 AN ORDINANCE APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES, OF THE CITY OF LA PORTE; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN KEETI~GS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. .~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. The City Council of the City of La Porte hereby makes the following appointments to the Fire Code Review Committee of the City of La Porte, for the term beginning on the effective date hereof, and expiring on May 30th of the year indicated, or until their successors shall have been dully appointed and qualified: District 2 Richard Browder 1997 District 3 Tom Hayes 1997 Mayor Emery Farkas 1997 section 2. The City Council of the City of La Porte hereby appoints the following members to the City of La Porte Planning and Zoning Commission, for terms expiring May 30, 1997, or until their successors shall have been duly appointed and qualified: District 2 Charles S. Engleken, Jr. District 3 Eugene Edmonds Section 3. The City Council of the City of La Porte hereby appoints the fOllowing members to the La Porte Area Water Authority, for terms expiring May 30, 1996, or until their successors shall have been duly appointed and qualified: position 4 James Sweeten position 5 Jerry Bramlett section 4. The City Council of the City of La Porte hereby makes the following appointments to the City of La Porte Electrical '~V""'':?'k':-'"~~:i?~ '-'''''~?-;:-''':;'~'~~,r::''"{;;rC;~,~:;\-:~;;-,<:'~\'-' ",~,,-';?i:;~r--', e e ORDINANCE NO. 94-1983 PAGE 2 Board, for terms expiring May 30th of the year indicated, or until their successors shall have been duly appointed and qualified: Chairman Bob McLaughlin 1996 position 1 Terry Groff 1996 section 5. The City Council of the City of La Porte hereby makes the following appointments to the Airport Advisory Board for the City of La Porte Municipal Airport, for terms expiring on May 30th of the year indicated, or until their successors shall have been dully appointed and qualified: - position 3 Deborah Rihn 1997 position 4 Mike Miller 1997 section 6. The City Council of the City of La Porte hereby makes the following appointments to the Board of Adjustment of the City of La Porte, for terms expiring on May 30th of the year indicated, or until their successors shall have been dully appointed and qualified: position 1 Dr. Deborah Bernay 1995 position 2 position 3 Position 4 position 5 Alternate 1 Alternate 2 section 7. Bob Capen Sidney Grant Willie Walker 1996 1997 1995 Charles Christensen 1996 Ruben L. Salinas 1997 James Zoller 1995 The City Council of the City of La Porte hereby confirms the appointment by the City Manager, of a member of the ,;.~~c" i"~~'S~.:~~~i"";''''W\'. ',::~~ '~~~,,$lJ=:IJ';~~!'F-':7:~.'-.1 >"~~;:~;7O;--,,~~~~\~_~~' ""_:'-_'.'};;:;;,,:'~r:\t~~~;+'&h'.-:7mrp.r~~~~--;-;_~'~!'0~ e e ORDINANCE NO. 94-1983 PAGE 3 Civil Service Commission, for a term expiring May 30, 1997, or until his SUGcessor shall have been duly appointed and qualified: Member: Robert Swanagan section 8. The City Counc~l of the City of La Porte hereby makes the following appointment to the Southeast Texas Housing Finance Corporation Board, for a term expiring on May 30th of the year indicated, or until her successor shall have been dully appointed and qualified: Director Patricia Muston 1997 section 9. If any section, sentence, phrase, clause or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reasons, be held invalid, such invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. section 10. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of such conflict only. section 11. 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 ci ty for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised '---'--'f7'y" "~";':,(~0"7^~_'f;;,,\',-';g,, ~~";_:':'~~;~~;~;"f:;'_~,,",,",~~-';(i~_?, _ _ _ ~ e . ORDINANCE NO. 94- 1983 PAGE 4 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 subj ect matter thereof has been discussed, considered and formally acted Up9n. The City council further ratifies, approves and confirms such written notice and the contents and posting thereof. section 12. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 23rd day of May, 1994. By: CITY OF LA PORTE ~J4 ~:lXX~ Mayor Pro Tem Deotis Gay ATTEST: ~L-J Sue Lenes, City secretary &;~d Knox W. Askins, City Attorney ~-'J'7!"'",'~'''-'~,:,"~'-'''-''~'..:.l'i.:~,;.._ rrfi".'G''' . ~>'~""!~>~';F'7,l':;:;;;.:</.:;"______ .'." r.1;'f:~::"-r,\;'\1;' "',W,"'__:':}'::''';::: e . e RBOUBST FOR CXTY COUNCXL AGBNDA XTBK Agenda Date Requested: MAY 23. 1994 Requested By: J.L. SEASE ~~ / Department: FIRE Report Resolution x Ordinance Exhibits: COPY OF ORDINANCE APPROVING ENTERING INTO CONTRACT WITH HARRIS COUNTY. COPY OF FIRE PROTECTION CONTRACT. SUMMARY , RBCOMKBNDATXON HARRIS COUNTY HAS SENT US THE ANNUAL FIRE PROTECTION CONTRACT FOR PROTECTION OF ZONES 33 AND 34, THE AREAS NORTH OF HIGHWAY 225 AND SOUTH OF FAIRMONT PARKWAY. THESE ZONES COINCIDE WITH OUR INDUSTRIAL DISTRICT BOUNDARIES. THIS IS THE STANDARD CONTRACT THAT WE HAVE ENTERED INTO FOR MANY YEARS. THE NEW CONTRACT RUNS FROM MARCH 1, 1994 THROUGH FEBRUARY 28, 1995 AND IS FOR THE AMOUNT OF $7555.00. THIS AMOUNT IS $455.00 MORE THAN LAST YEAR (1993). THIS INCREASE IS DUE TO THE CHANGE IN THE STARTING TIMES OF THE CONTRACT FROM JANUARY TO MARCH. I HAVE TALKED TO THE COUNTY FIRE MARSHAL ABOUT THE LENGTH OF TIME THAT EXPIRES BEFORE WE GET THE CONTRACT. THIS IS THE REASON FOR THE CHANGE IN STARTING TIMES OF THE CONTRACT. WE RECOMMEND THAT THE CITY APPROVE THE ORDINANCE ENTERING INTO A CONTRACT WITH THE COUNTY FOR FIRE PROTECTION IN ZONES 33 AND 34 FOR THE AMOUNT OF $7555.00. Action Required by council: APPROVE AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE COUNTY FOR FIRE PROTECTION OF ZONES 33 AND 34. Availability of Funds: N/A General Fund capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: Yes No Approved for City Council Aaenda G~\.~ Robert T. Herrera city Manager ~ \ \l6\(\,{ Date ~,'~~:'t:" ~; :-';~:~:"'7-i';''1I'ff:~~T~;'E;';~~:X-' e e ORDINANCE NO. 94- 1984 AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEKENT BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY, FOR THE CITY OF LA PORTE TO PROVIDE FIRE. PROTECTION IN UNINCORPORATED AREAS OF HARRIS COUNTY; MAKING VARIOQS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COKPLIANCE 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. Harris County will pay the City of La Porte $7,550.00 for the term March 1, 1994, through February 28, 1995. 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 Ci ty 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. JW-", e ORDINANCE NO. 94- 1984 . c"ry:~,"~i':""'~r~~;,:,.,-.,,;"~;~y,;~~~,.f'.j~~7~,~~;,'i[(JN~~";it'.": PAGE 2 section 3. ~his Ordinance shall be effective from and after its passage and'a~proval, and it is so ordered. PASSED AND APPROVED, this 23rd day of May, 1994. ATTEST: ~~ Sue Lenes, City Secretary CITY OF LA PORTE By: A#d~ NOaoarK}{x'x~ Mayor Pro Tem Deotis Gay ", ""';.?:~::;~ "'< ....,<<.~"r~~~;'J);~,\~,:~;,;.:_ ., . e 11 ~ " J.J. PRUm FIRE MARSHAL 713-931-1085 FAX 713-931-5874 480 N, SAM HOUSTON PARKWAY E. SUITE 105 HOUSTON, TEXAS 77060-3521 April 19, 1994 City of LaPorte Attention: City Secretary 604 W. Fairmont Pkwy LaPorte, TX 77572 Dear City Secretary: Enclosed please find two (2) copies of the 1994 contract for fire protection to be executed by the Mayor and City Secretary and returned to this office immediately. This contract was approved by Commissioners Court on April 12, 1994. Upon receipt of your signed contracts, they will be sent to the County Auditor for payment processing. Your check will be mailed out within 3-4 weeks by certified mail, return receipt requested to the attention of the City Secretary along with one (1) copy of the contract with original signatures. According to this contract you should send in the following: Section VIII - Copy of City Council Resolution regarding execution of contract. Section XI - Certificate of Liability Insurance. Please contact Leslie Deen, Asst. Fire Marshal, if you have any questions regarding this contract. Sin~~ 9:. Pruitt Harris County Fire Marshal J JP : ld (pro/contra4) cc: Fire Chief _.-,..~- '",-=- :~~~'~""'~"':'lU:'F,,]~";:;'j::1~~,~1'll11!;f1"~'<'.'",~,",,""'-",,", .~.,-".. .~..-- '-"'-''Yf,~l'"'",.tf''.~.'T;''~~('''::''''';}-'''":''''';'!'!tm''7:,~'''.'-'~~ft"::-~~:""-~:-.., . .' e e ... , .- A; \ A G R E E MEN T THE STATE OF TEXAS S S COUNTY OF HARRIS S THIS AGREEMENT, made and entered into by and between HARRIS COUNTY, a body corporate and politic under the laws of the State of Texas, hereinafter sometimes called "County," acting herein by and through its County Judge duly authorized to so act by an Order of the Harris County Commissioners Court, and the city of LaPorte, a municipal corporation duly organized and existing under the laws of the State of Texas, hereinafter sometimes called "City," acting herein by a~d through its Mayor duly authorized to so act by an Ordinance duly passed by the city. WIT N E SSE T H: WHEREAS, Harris County desires to provide fire fighting and fire protection services to certain unincorporated areas of Harris County hereinafter designated to preserve the property of the County and to preserve and protect the public health of the citizens of the County; and WHEREAS, the City is willing to furnish fire fighting and fire protection services to said unincorporated areas of Harris County for the considerations hereinafter provided; NOW, THEREFORE, KNOW" ALL MEN BY THESE PRESENTS: That in consideration of the mutual covenants, agreements, and benefits to both parties, it is AGREED as follows: I. During the term of this agreement, the City agre~s to furnish fire fighting and fire department protection serV1ces to the unincorporated areas adjoining the corporate limits of this City designated by Zone Number 33 and 34 on the official fire protection zone map of Harris County,to which reference is here made. II. Harris County agrees to pay the sum of Seven Thousand Five Hundred Fifty-Five and NO/100 Dollars ($7,555.00) to the city for fire fighting and fire protection services to the unincorporated area of Harris county designated in Paragraph I of this agreement. The County agrees that said sum is to be paid to the City wi thin thirty (30) days after the execution of this contract. 14 MXB\ffre\45,215(eb) e e .. , .~ \ III. The term of this agreement shall be for twelve (12) months beginning March 1, 1994, and ending February 28, 1995. IV. It is hereby agreed and understood that the fire fighting and f ire protection services to be furnished by the ci ty under this agreement shall include, but not be limited to, the following: Answering all calls for help and assistance in extinguishing fires in the area designated in Paragraph I of this agreement; furnishing fire fighting personnel, equipment, and supplies to fight all fires within the said area; and answering all calls and furnishing fire fighting personnel, equipment and supplies to protect persons and property wi thin the said area which are endangered by fires in adjacent areas; provided that the above described personnel, equipment and supplies are not otherwise engaged in fire fighting within the city. V. The city shall observe and comply with all federal, state, and local laws, rules, ordinances, and regulations in any manner affecting the conduct of the services herein provided and performance of all obligations undertaken by this agreement. . VI. It is expressly understood that the County has the maximum sum of Seven Thousand Five Hundred Fifty-Five and NO/100 Dollars ($7,555.00) specifically allocated to fully discharge its obligations under this agreement and it is expressly understood that in no event shall the County be obligated to pay the City more than the sum of Seven Thousand Five Hundred Fifty-Five and NO/100 Dollars ($7,555.00) under the terms and provisions of the agreement. VII. It is further agreed that in the performance of all obligations undertaken by this agreement, the City has the right to supervise, manage, control and direct the performance of fire fighting and fire protection services; the County shall look to the City for results only and the County shall have no right at any time to direct or supervise the City or its agents or employees in the performance of such services or as to the manner, means or method in which the services are performed. -2- ~~"r;~'i:>f.:~ e e ... , " \ VIII. The city agrees to deliver to the Fire Marshal of Harris County a certified copy of the Ordinance authorizing the City to enter this Agreement within five (5) days after the execution of this agreement. IX. The City agrees to furnish the Fire Marshal of Harris County, not later than the fifth (5th) day of each month, a monthly report listing the total number of runs made into the area of Harris County designated in Paragraph I of this agreement for the previous month and such other information relating to fire fighting and fire prevention services of the City as may be requested by the Fire Marshal of Harris county. Said report shall be made on the form provided by the Harris county Fire Marshal and shall be signed and certified by an officer of the City. X. The ci ty expressly agrees to indemnify and hold the county harmless from and against any, and all losses, expenses, demands, and claims made against the county arising in any manner out of its custody and use of said fire fighting apparatus or the furnishing of fire fighting and protection services whether such loss, expense, demand, or claim is caused by County's negligence or not. XI. The City further covenants and agrees that it will, at its own expense, maintain at all times during the term of this Agreement, an city as an insured, covering injuries arising out of or in connection with the performance of the services herein provided for, with coverage of not less, than One Hundred Thousand and NO/100 Dollars ($100,000.00) for injuries to anyone person and not less than Three Hundred Thousand and NO/100 Dollars ($300,000.00) for injuries to more than one person in anyone accident or occurrence, and not less than One Hundred Thousand and NO/100 Dollars ($100,000.00) for any single occurrence for injury to or destruction of property, or in the amount of the County's maximum limitations of liability under the Texas Tort Claims Act, as amended, whichever is greater. Such liability insurance policy shall include coverage for all apparatus and/or premises made available to the city by County in performing its fire fighting obligations as well as any fire fighting and fire protection services provided for herein. Further, the city agrees to provide to County a certificate of insurance evidencing the same within fifteen (15) days after the execution of this Agreement. -3- e e .. , \ .... XII. If either party hereto refuses or fails to timely perform any one or more of the undertakings and obligations which are to be performed hereunder, then and in that event, the other party hereto shall have the right to terminate this Agreement upon ten (10) days written notice to the defaulting party. within ten (10) days after receipt of such notice of termination, the Ci ty shall refund to County an amount equal to 1/12th of the sum set forth in Paragraph II above, times the number of full calendar months remaining under the term of this Agreement after such termination date. XIII. Any notice required or permitted to be given by County to the City hereunder may be given by certified or registered united states Mail, postage prepaid, return receipt requested, and addressed to: LaPorte Volunteer Fire Department P.O. Box 1115 LaPorte, Texas 77572-1115 Any notice required or permi tted to be given by the City to County hereunder may be given by certified or registered united states Mail, postage or fee prepaid, return receipt requested addressed to: Harris county 1001 Preston, 9th Floor Houston, Texas 77002 Attention: county Judge Any notice shall be considered given and complete upon deposit in the united states Mail as aforesaid. XIV. This instrument constitutes the entire agreement between the parties hereto and supersedes any and all agreements previously entered into by these same parties pertaining to fire fighting services insofar as it covers the term above specified. -4- ~~7-::'-"F' '-':f&":';';(.l'~J~r'~.~-i~--"''V~':-''-'' '~',,%C:;'T:":;'0:':~',~~~~,,..,"~,__ _,_,."""',"~ii,,,,,~~:T;'~:'''t'''''-.- e e ... r... \ EXECUTED this the / C) -th day of Or;~ , 19 9'/. APPROVED AS TO FORM: MIKE DRISCOLL County Attorney By ':m~4AA-P~ MARILYN ES Assistant County Attorney ATTEST: CITY OF LAPORTE ~-~ Secretary By A~ ~t'!I Mayor CERTIFICATION OF FUNDS I hereby certify that funds are available" in the amount of Seven Thousand Five Hundred Fifty-Five and NO/100 Dollars ($7,555.00) to pay the obligation of Harris County under and within the foregoing contract. TOMMY J. TOMPKINS County Auditor Harris County, Texas o 2- /-,. ~ ~j -5- <'~;;';^. ~-"'~<i"'--,~'f!"~i:;"F-":_~,"';'--_7!_''?'''!'f!'J;'- '--:'--'~~<"{'l!%'*'~_~_!;l;';l\-__?<',\t~'E!tlt>'!:)~'4'if","'J~{.f~\'.e,S":>f~--wiRh~;:~:~;;;;',,,,,_,,-," e e .. , \ ORDER AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF LAPORTE THE STATE OF TEXAS S S COUNTY OF HARRIS S On this the {~ day of Commissioners Court of Harris County, (J-f/U' P Texas, being , 19 9~, the duly convened at a regular meeting of the Court, upon motion of Commissioner ~ J..L , seconded by Commissioner ~ duly put and carried, It is ORDERED that County Judge Jon Lindsay be, and he is hereby authorized to execute an agreement to provide fire fighting and fire protection services between Harris county and the City of LaPorte, said Agreement being incorporated herein by reference for all purposes as though fully set forth word for word. PRESENTED TO CPjmiSSioners Court Date R 1 2 ... Recorded Vol. Page e "C' ,""".. <g~~.,---,.,,,-~ ___"",,(J~,;>(C' .~< e "Y. / ';;)~f:\l~_~... ."""".,.,..'i.rWr1:';;C",.-::n~ "':.; ,- ";:_"":~,';~I;'\:_::c?,"_jl\1I!IJlJft\?'!'!J!'li_~;;.:r:;:;:._'"C\'1'~"7.J:;;':':;'",=.~,,,,,,,.,..,,.~cc"7,~=~,,,,,_",,_"~'="____"-_'_,_:~ _=-:._= e e REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Mav 23. 1994 Requested By: Bobby L. Powell Department: Police Report Resolution x Ordinance Exhibits: Agreement SUMMARY , RECOMMENDATION Request authorization for the City Manager to entered into an Agreement with the City of Shoreacres for certain governmental services for the benefit of the people and property within its city limits. The City of La Porte Police Department is willing to provide said governmental services to the City of Shoreacres, upon the terms, conditions, and covenants herein contained in the enclosed agreement. This contract will be for and during the year beginning on the 1st day of October, 1994, and ending on the 30th day of September, 1995. Shoreacres agreeing to pay La Porte $ 21,211.92 per year for the governmental services which are: . Emergency 911 Dispatch and Jail Service · A further sum of $8.00 per prisoner per day or any fraction thereof. ALTERNATIVE: Reject Agreement. Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing other (100 Club of Houston) Insurance Account Number: Funds Available: YES NO ADproved for city Council Aqenda Q~~ t. ~ Robert T. Herrera city Manager ~-\<(- C\ ~ DATE :"""'~"w."!"-WI''''':'''.',''lF'?r,'''-'---' .'''''_~~'''1C._-'-'':",,_''_'''.-- --,,- - e _ ORDINANCE NO. 94- 1985 AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY 01' LA PORTE AND THE CITY OF SHOREACRES PURSUANT TO THE AUTHORITY GRANTED BY CHAPTER 791, "INTERLOCAL COOPERATION CONTRACTS" , TEXAS GOVERNKENT CODE; PROVIDING FOR PROVISION 01' CERTAIN GOVERHNENTAL SERVICES BY THE CITY 01' LA PORTE TO THE CITY 01' SHOREACRES'; HAltING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; I'INDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EI'I'ECTIVE 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. "':"'''''''''-'-T~",':)" ':f'!:_.~.-"''''-'':}''7''-'!IIC:;'--~'' ,-. "''''!:{";:'f.?\'lfI~,,;;,'~~',~f,?''~~(,~_'''f'';~5''J;,~~,~,:,T',' '.,'~~i;'>_1!;,iit:)tjft,~;:~::irm-:"':'~,~"",~~-,__~,:,~';"::W:ic::;~~;~;:;f" e e ORDINANCE NO. 94- 1985 PAGE 2 section 3. .~his Ordinance shall be effective from and after its passage and' ~pproval, and it is so ordered. PASSED AND APPROVED, this 23rd day of May, 1994. CITY OF LA PORTE By: AJ ~ ~~~ Mayor Pro Tem Deotis Gay ATTEST: ~D ~ Sue Lenes, city Secretary :'>'1>;,~)tiJ!~:"_~f:~-'j.~:;;;~~~:L"ji~~:f(~~W;'~';J::t;;JJ;;.re~~;;,,~"".- . "lIL~":;f'i''''',"\'r?:'~;'',7i::\-r:,':/?"rtt!lol!i~;!~l'~\'~=~.~~~~;;-,-~- - e Cr/j AGREEMENT THE STATE OF TEXAS X COUNTYOF~S X This Agreement made and entered into by and between the CITY OF LA PORTE, a municipal corporation of Harris County, Texas, hereinafter referred to as "LA PORTE" and the CITY OF SHOREACRES, a municipal corporation of Harris County, Texas, hereinafter referred to as "CITY", WITNESSETH WHEREAS, CITY is in need of certain governmental services for the benefit of the _ people and property within its city limits, and WHEREAS, LA PORTE is able and willing to provide said governmental services to CITY, upon the terms, conditions, and covenants herein contained: NOW, THEREFORE, pursuant to the authority granted by Chapter 791, "Interlocal Cooperation Contracts" , Texas Government Code, and in consideration of the mutual covenants, agreements, and benefits to both cities, it is hereby agreed as follows: A. GENERAL PROVISIONS I. For and during the year beginning on the 1st day of October, 1994, and ending on the 30th day of September, 1995, LA PORTE agrees to furnish to CITY, the governmental services hereinafter more specifically described, and continuing thereafter as provided in Paragraph A-IV or until canceled as provided in Paragraph A-V hereof. II. For and in consideration of the governmental services to be provided by LA PORTE to CITY, CITY agrees to pay LA PORTE as follows, to wit: (1) Monthly base charge as follows: Emergency 911 Dispatch and Jail Service $1767.(6 eo''' ,," """, ~"""'" ~''1'"'''''<.' ~ .. ;;:~~~l~!/Y,'''!''' '-',;T;",' "":;:~~"".;,"i~~'r-c'~~j~~.,,,,..........., ~ ii.r~;~;;:':f~.r':.~; e e -2- (2) A further sum of $-8...00... per prisoner per day or any fraction thereof. The total of such base charges, plus charges for said specific services, to be paid in full by CITY to LA PORTE, on or before the tenth day of the month following the month in which such services were rendered. Payments by CITY shall be made from current revenues available to CITY. ill. LA PORTE will not be liable for loss or damage to person or property arising from or caused by or resulting from alleged negligence of LA PORTE, its officers or employees or volunteers in carrying out the tenns of this agreement. CITY agrees to indemnify, and save and hold LA PORTE harmless, from any such claim for loss or damage by itself, or by any person, finn, corporation, or association, in c~mnection with this agreement. IV. The monthly base charge hereunder is based on 110 percent of the per capita budgeted . cost to LA PORTE for its fiscal year beginning October 1, 1993, to provide the services enumerated herein to the residents of LA PORTE, based on LA PORTE'S 1990 Federal census of 29,200. The monthly charges hereunder are prospectively subject to increase, based on the same fonnula, after September 30, 1995, upon thirty (30) days written notice from LA PORTE to CITY, for budget year(s) beginning October 1, 1995, and thereafter. v. Either party to this agreement may cancel by giving sixty (60) days written notice to the other party. Such notice will be effective as of midnight of the last ~y of the calendar month after the expiration of such sixty (60) days notice. VI. CITY personnel shall abide by all LA PORTE rules, regulations, and policies, as they now exist, or may be amended hereafter, relating to the services rendered including the use of facilities made available to the CITY under the tenns of this agreement. ~~~",'~,,',."l1,...'I!IlI!:lI:0~~t"t.".~:'!'<;"':""> ">"'--.'.~~.c:1"".?;:.'j~~~",':q'!'~~'!:,?''"'C'.;:~1''8;i.ff:''nY:~!)ry;~;:~~,~#'..~~~.{~lT2;;'r' e e -3- B. EMERGENCY 911 DISPATCH SERVICES I. LA PORTE agrees to receive telephone calls and to dispatch radio calls to CITY patrol units. II. LA PORTE further agrees that a dispatcher will be available at the LA PORTE Police Department to render this service twenty-four (24) hours a day for the duration of this agreement. C. JAIL I. LA PORTE agrees to allow CITY to temporarily confIne persons arrested by CITY's law enforcement offIcers in the LA PORTE City Jail until such time as they can be properly released or conveniently moved by the proper authorities to the Harris County Jail. n. CITY agrees to keep certifIcations current of all law enforcement offIcers, required by the Texas Commission on Law EnforCement standards and education or other appropriate regulatory authority having jurisdiction, and shall provide copies of same to LA PORTE, if so requested. ill. CITY will be solely responsible for all medical care for, and all transportation of arrestees brought to and/or being taken from the LA PORTE jail. ~ addition, CITY shall be solely responsible for the security of the arrestee during said transportation. IV. LA PORTE may suspend service and may refuse to accept any arrestee from CITY, in its sole discretion. D. ORDINANCE CITY shall promptly enact, and vigorously enforce, an Ordinance making it a misdemeanor for any person to make a "false alarm" to the LA PORTE Dispatch Service, for any emergency services. --""~",,",-~'''''_.'''''''~"::7'^-''~-;:.'~.-~..:~.;'C', ''ff!''k~:'''- \ --~c:-".---:'-.:_---"""-"--' ~,~ ~-"7'-:'""~'-_?;~ --;-:~-~,.~,.",..-,..:-.-;:.. -. ,- --~l~g'lii~Kcf'i,'~':~;c"""-';~:;;;:;:;;;-";;:~~'="-~~;;-~~;::~:::_;;;;:_;;::::-:--::-:::--- e e -4- WITNESS OUR HANDS and the Seals of our respective Cities, effective as of the 1st day of October, 1994. PASSED AND APPROVED by the City Council of the City of La Porte, by its Ordinance No. 94- , on the day of , 1994. CITY OF LA PORTE By City Manager ATTEST: PASSED AND APPROVED by the City Council of the City of Shorea.cres, by its Ordinance No. , on the day of , 1994. CITY OF SHOREACRES By Mayor ATTEST: City Secretary APPROVED: City Attorney '";liJf~ff~~,Ri;~;}'il:' ;:~,~~~~tf:;:'i:"'Y e e -f~:~-"""~~B;,:~,;':-;lii;T",j;i7:;;;,;~,;~,",--"",,,,~,,,,,,~,-",,,,~,o~,,,-,",=<--,_--~__ y~, '~~'-:~(_i:;;,:ti~~W~":l"';.";',r'f~ .QUE$T FOR CITY CQUNCIL AGENDA I. Agenda Date Requested: May 2~, 1994 Requested By: Ch~r1es Harrington Of!;! Department: Plannl09 X Report Resolution x Ordinance Exhibits: 1, Ordinance 2. Bid Tabulation 3. Utility extension Agreement SUM~A~Y & RECOMft'E~DATION In January of 1994, the City of La Porte Issued a building permit for construction of an automobile emissions testing facility located at 10625 W. Fairmont Parkway. As part of the development, extension of a city water main was required for both potable water and fire protection, The nearest available water to serve the facility terminates approximately mid-way through the Storage Station facility property to the West. Staff feels It Is the City's responsibility to absorb the total cost of extending the line to their east property line, Per the City of La Porte Development Ordinance, the developer Is required to extend a minimum 8" diameter line which meets the minimum requirements of the La Porte Fire Code. However, to keep within the guidelines of the City's Comprehensive Plan, a 12" diameter line should be Installed to facilitate Mure development along Falrmont Parkway, The City received five (5) bids for construction of the main on 5/16/94, The low bidder was determined to be Pas-Key Construction Services, Inc. In the amount of $17,291.80. (See bid tabulation attached) Since an 8" line is required by the Fire Code, but a 12" line Is desired by the City, It Is the responsibility of the City to participate in the cost for oversizing, Should the contract be awarded to the low bidder, Pas-key Construction Services, Inc" the actual cost to the City would be $10,412.99. Recommendation Award the contract for construction to Pas-Key Construction Services, Inc, In the amount of $17,291.80, and allocate $10,412,99 for the City's participation In overslzlng. Action Required by Council: Adopt an ordinance authorizing the City Manager to enter Into a contract with Pas-Key Construction Services, Inc. in the amount of $17,291,80. $6,878,81 to be funded by Telas Testing Technology and $10,412,99 to be funded by the City of La Porte, Availability of Funds: General Fund .lL Capital Improvement Other Water !Wastewater General Revenue Sharing 3(;S Account Number: 003-?OO-~?O-38+ Funds Available: -1l- YES ADDroved for Cltv Council Aaenda ~.kkT~ o ert T. Herrera City Manager S) \8' \ 11..\ DATE ;<r;-<i.?-~',";r?~~i'1:1Y~::,:::;::;';'::':'-",..._,~,~'"~-6." NO ~--. ~w.~*,~'W.. _. """'.''''l-''~)~' -~~~~-;~-,,;,'i e e ORDINANCE NO. 94- 1986 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OP LA PORTE AND PAS-KEY CONSTRUCTION SERVICES, INC., POR CONSTRUCTION OP A 12 INCH WATER LINE EXTENSION, POR A CONTRACT AMOUNT OJ!' $1.7 , 291.80; APPROPRIATING $10, 412 . 99 TO J!'UHD SAID CONTRACT; KAK'ING VARIOUS J!'IHDINGS AND PROVISIONS RELATING TO THE SUBJECT; J!'InING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EJ!'J!'BCTIVE DATE HEREOJ!'. 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 authori~ed 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 $10,412.99 from the Capital Improvement utility Fund Account No. 003-200-220-364 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 subj ect matter thereof has been discussed, considered and formally acted upon. The city Council further e e ORDlHAHCE NO. 94- 1986 PAGE 2 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 23rd day of May, 1994. CITY OF, LA;:!)T~ &u By: JW~~ ~ ~ID{.X~ Mayor Pro Tem Deotis Gay ATTEST: s"-L L: n ~/ Sue Lenes, City Secretary - e CONTRACTOR ~ BID BOND CALENDAR PRINCIPAL BID ATrACHED DAYS TOTAL Pas- Key Const. Services Yes 30 17,291.80 Follis Construction Yes 30 18,277.50 H20 Services Yes 30 18,949.00 Reddico Construction Yes 30 22,472.70 L.A. Utilities Yes 30 27,891.25 ~ i' f f' r; I ~'.' !:" f ~,- I it> CITY OF LA PORTE lWELVE INCH (12R) WATER LINE EXTENSION ALONG FAIRMONT PARKWAY CLP PROJECf NO. 94-6101 BID TABULATION MAY 16, 1994 UliJr""~":'; e e FILE UTILITY EXTENSION AGREEMENT THE STATE OF TEXAS: COUNTY OF HARRIS : This agreement, made this 2\ Sf day of _MA2LU , 19~, by and between the City of La Porte, herein called "City", acting herein through its (Title of Authorized Official) and of \..b ~,o\.l l~~ , County of Uh,OO,~ , and State of , hereinafter called "Owner". W I T.N E SSE T H (1) All references to lOUt il ity Ma i n( s)" hereunder shall, for the purposes of this agreement, refer to nJE:. ~lcnJ ~T\.lE. Ex,srr!oJ.C.. 121\ 4> V~"'T'1!!!!2.MAlN. V=l2t:lM -"J~ EX'~'t..V'.. -SIJ~ PO\...l'T TO -rUt;;.. ~A~\.} p.,nLHJ~h.Q-( ~T~ "~~I PI2.~ " T~ II o..V\..\"='o" ~\LL PAY ~()1Z. ~ ChI2TIn..\ cc -rt.!,:;, ~~~InJ ~""1 -n..k=. ~~~tJ ~ \i..lr'Y..12v 0iC 'Ti.~ I err I ~btF-~,p..'"T1=-I"''''' A.~'3"iV"=-.h- T~ T~ 'VS-<:.., . --:2,.. II/'\. 1\ ~d2. A.. D,s;T~...y':; OF: APPet9.c1 tA~-n;:;.l~ ..::z-ll 1 P:. LJ\V~ '\I\Ll Pfr-I' Fn~ Tu~ CoOST ~P::"t'l.l~ ~'ICT.:=1J.~l~ ~ ~~I \....iZ. c5G- p.)\ <? L\lllE 'Wrnl -rl1=- r \T'-( ()'i= LA ~ (;, BF..t..C2..l~"i'\.!-c. CtS>b\ oF' ~t-l L\P6~"Tb 6. \ '2\\ ~ Lu4.E. (2) Owner is the owner of certain property in the City of La Porte, Harris County, Texas, identified as; City's utility mains do not presently extend to said property. Owner has requested City to extend utility mains to Owner's said property. <f----~t?;-:'i{;_,n:y~"1'-,'\:;?;~~;,~"'i~t,'.....i~';~i.+;},~j':;:,:~ e e PAGE 2 (3) City hereby agrees to construct and install an extension of its utility main(s) to said property commencing at the nearest existing utility main(s) of sufficient size and capacity. Thence along/thru City of La Porte rights-of-way and/or easements to said Owner's property. Provided, however, that should City not possess all necessary rights-of- way and/or easements to complete said extension(s), Owner shall be solely responsible for obtaining said additional rights-of-way and/or easements at no cost to City. (4) Owner agrees to pay all costs related to the construction and installation of said line(s) including necessary appurtenances in con- formance with City's standards and specifications for said line(s). Owner further agrees to pay all engineering fees for survey, design, contract documents, bidding, construction staking, construction inspection, and preparation of As Built drawings. (5) Subject to the proNisions of this agreement, City hereby agrees to the construction and installation of said installation of utility main(s) according to the plans and specifications to be prepared by the Owner's engineer and approved by the City. Upon completion and approval of plans and specifications City will place the project for bid. When bids are received they shall be tabulated by the City and a copy of said tabulation shall be provided to City and Owner. Thereafter, Owner shall deposit with City in escrow a sum equal to the amount bid by the lowest responsible chosen bidder, plus a sum equal to the estimated construction staking and inspection fees if applicable. When said deposit has been made by Owner, City shall authorize construction of said extension(s). It is agreed and understood that the deposited escrow amount made by Owner does not relieve Owner from paying for any unforseen costs/or cost overruns in the project that result from. circumstances beyond the control of the City. (6) City agrees to accept the value of the extension(s) that abutt said Owner's property as a pro rata portion of the prevailing square footage and/or front footage connection charge for water and/or sewer service against said property belonging to Owner. Owner shall be responsible for all other customary charges. (7) Upon execution of this agreement and compliance with terms herein, City agrees to begin construction thereof as soon as the same may be let for contract as herein provided. City shall require the contractor under such contract to diligently pursue the construction of the project to completion. - {;r~"'"~"7<~"~~""t1:$(~~~'~~7t:;1J~",,"",: r;,,::~"'y, e e PAGE 3 (8) In the event that other owners of property abutting the line(s) extended by Owner under this contract, as shown on the plat attached hereto as Exhibit A and incorporated by reference herein, shall utilize the extended line(s) constructed under this agreement, by making connection thereto under a permit from City within a period of ten (10) years from and after the date City has accepted the construction of said facilities by the contractor, City agrees to collect from said property owners, its prevailing square footage and/or front footage connection fees from said property owners and to reimburse Owner the amount collected from such property owners, until Owner has been reimbursed a maximum total of the sum paid by Owner to the City under the terms of this agreement, less Owner's own water and/or sewer square footage and/or front footage connection charges. In the event that other Owner(s) have participated in the cost of the extension of this line(s), all participating owner(s) shall be reimbursed pro rata to their respective participation in the cost of the line(s). IN WITNESS WHEREOF, the Parties to these present have executed this agreement in several counterparts, each of which shall be deemed an original, in the year and day first mentioned above. CITY OF LA PORTE (Seal) ATTEST: ~ BY: ~~ W / re"ta ry BY: "TITLE: C1?ut...J: To ~ ~~ Mo-~ (Seal) BY'. 9WHrr: OW)/EIi:~ TITLE : ~j ~6~ TW7-<Ju ncJI"J~{ CiJE:. ee. I Vla pftUt()fA./lef ~?;e. (Address/Zip Code ~Wi~ App'.'"d ;;; ~ ~y All.,,"y) Note: City Secretary should attest: If Owner is a corporation, Secretary of Corporation should attest. . e e ~4P -'r' "'~A1"'f" f" x r.. '1I'I4i"'J'_ /'1 -.. --"\!':,r:.:lf:,'_-~::~::';Jt:~"''-T;V:;'~ "-~"-:~~":~:~X:1J""":r_:- e REQUEST FOR CITY COUN.GENDA ITEM Agenda Date Requested: Mav 23. 1994 Requested By: Charles Harrington (I~ If- Department: Planning X Report Resolution Ordinance Exhibits: 1. Letter from Consulting Engineer SUMMARY & RECOMMENDATION Summary On August 9, 1993, Council authorized a contract between LA. Utilities and the City of La Porte in the amount of $210,379.25, plus a contingency of $10,520.75, for the construction of water and sewer line crossings of S.H. 225. This project was completed and included three minor change orders for a total project cost of $218,997.25. During the construction process however, a problem was encountered attempting to bore beneath the railroad and pipeline corridor at one location. The sub-contractor was forced to withdraw from the 80 feet of bore started and re-bore at a lower depth. Under the conditions of the contract, L.A. Utilities has filed a claim for the additional work required in the amount of $15,767.00 (you may recall the original claim filed was in the amount of $70,167.38). The consulting engineer and the staff have reviewed the request and agree that the contractor has a legitimate claim for the additional work required by unforeseen circumstances. As this exceeds initial authorization, it will require Council approve Change Order #4 to this contract in the amount of $15,767.00 and to appropriate an additional $13,864.25 to the project. Recommendation The staff recommends Council authorize the City Manager to execute Change Order #4 to the contract between LA. Utilities and the City of La Porte in the amount of $15,767.00 and further appropriate an additional $13,864.25 to the project. Action Required by Council: Authorize the City Manager to execute Change Order #4 to the contract between LA. Utilities and the City of La Porte for the construction of utility crossings on S.H. 225 in the amount of $15,767.00 and to appropriate an additional $13,864.25 to said project. Availability of Funds: General Fund -1L Capital Improvement Other Water /Wastewater General Revenue Sharing Account Number: 003-683-610-510 Funds Available: X YES NO A DATE e WALSH ENGINEERING, INC. OF PEARLAND tit WILLIAM C. WALSH, P.E. Presidenl 2010 e. Broadway. P,O. Box 760 PEARLANO. TeXAS 77588-0760 7131.a5-2404 .-,- March 28, 1994 RE~IVEP, / 3~1 /7':7 PLANNING Mr. Fred Thompson City Engineer City of La Porte P. O. Box 1115 La Porte, Texas 77572 RE: City of La Porte Water and Sanitary Sewer casings @ SH 225 Dear Fred: We have met with Messrs. Jim Toungate, a partner, and Jim Holt as representatives of L.A. utilities, Inc., who is the prime contractor on City of La Porte project #91-670100. Our discussion concerned a request by the Contractor for additional payments to cover additional work related to boring an 18" casing under State Highway 225 at Miller Cut-off and on Sens Road. As Engineer for the project it is our obligation to recommend to the City a sum to cover the Contractor's co~~~~that are additions to the contract amount. Attached is a breakdown of our recommended payment of $15,767.00 which will be the total and final compensation for the extra cost of the project borings at Miller Cut-off and Sens Road. The Contractor has agreed with this settlement. We feel that this is fair for both the City and the Contractor. Please call us on (713) 4gS-2404, if you have questions on this subject. Sincerely, ~~~ Idr william C. Walsh, P.E., R.P.L.S. President WCW/so Enclosure cc: L.A. utilities, Inc. CONSULTING ENGINEERS HOUSTON. PEARLAND . ANGLETON . LONGVIEW 7. e e DOCUMENTATION FOR THE EXTRA COST TO COVER ADDITIONAL WORK ON CLP PROJECT f 91-670100 AT HILLER CUT-OFF ROAD .i Unit Price 1. Cost of boring an additional 80 LF of 18" casing due to Encountering an obstruction Total Amount 'r;"/' ""'::;''',':,'~:,~,,~~~:::;~;;rc~~:r'\' 2. $139/ft $11,120 31 hours of skilled labor 3 persons 16/hr 1,488 3. Additional 95 cy of excavation to lower casing 5/cy 475 4. Three (3) days of machine time to relocate boring equipment Estimated cost of fuel, maintenance and service for machinery 417/day 1,250 5. 6. Trench Box relocation-31 hours 8.24/hr Idle time related to work on Sens Road to locate obstruction Total $15,767 Note: Unit prices based on Section 2/5 of contract or reasonable market value. 375 259 800