HomeMy WebLinkAbout1994-12-12 Public Hearing and Regular Meeting
~
:;~... . - COpy
,-. ""-
AGENDA
PUBLIC HEARING AND REGULAR MEETING OF LA PORTE CITY COUNCIL TO BE
HELD DECEMBER 12, 1994, IN ~~ COUNCIL CHAMBERS OF THE CITY HALL,
604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, BEGINNING AT 6:00 P.M.
Next Ord. 94-2005
Next Res. 94-11
1- r1\T:(. TO ORDER
2. INVOCATION BY COUNCILPERSON ~hKOWER
3 . CONSIDER APPROVING MINUTES OF SPECIAL CALLED REGULAR MEETING
NOVEMBER 7, 1994
. 4. PRESENTATIONS:
A. PARAMEDIC OF ~n~ YEAR
B. EMPLOYEE OF THE QUARTER FOR JULY, AUGUST AND SEPTEMBER
-
C. PRESENTATION OF THE LA PORTE BUSINESS DEVELOPMENT GUIDE
BY STACY SWATSELL
5. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX
PAYERS WISHING TO ADDRESS COUNCIL
A. REV. WALTER PINXNEY ZION HILL BAPTIST ~nu.1'<.CH - REGARDING
DRUG PROBLEMS ON NORTHSIDE OF '.l.'.ru:; CITY OF LA PORTE
B. LEE DORAN - REGARDING BOYS BASEBALL LEAGUES IN LA PORTE
C. SUZANNA ALLEN - REGARDING BASEBALL IN LA PORTE
D. RANDY KENDRICK - REGARDING BASEBALL IN LA PORTE
6. PUBLIC HEARING - A: TO RECEIVE CITIZEN COMMENTS REGARDING
PROPOSED UPDATES TO 'nl~ CITY COMPR.u.L.ulSIVE PLAN. ELEMENTS OF
.-. THE P~ FOR WHICH UPDATES ARE PROPOSED ARE AS FOLLOW:
,. Thoroughfare Plan
Open Space Plan
Pedestrian Plan
Sewer Plan
Water Plan
storm Water Plan
OPEN. PUBLIC HEARING
REVIEW BY CITY STAFF
PUBLIC REVIEW OF PROPOSED PLANS
\~
;t~ e e
RECOMMENDATION OF STAFF
r
.f"
CLOSE PUBLIC HEARING
7. CONSIDER APPROVING RESOLUTION ADOPTING AMENDMENTS TO THE
COMPREHENSIVE PLAN OF THE CITY OF LA PORTE (Res. 94-1~) - C.
Harrington
8. PUBLIC HEARING - B: SPECIAL CONDITIONAL USE PERMIT REQUEST SCU
94-003, FOR THE PURPOSE ALLOWING A MINI-WAREHOUSE/BOAT AND
R. V. STORAGE FACILITY.TO BE LOCATED AT 11230 WEST MAIN STREET
OPEN PUBLIC HEARING
REVIEW OF REQUEST BY STAFF
. PUBLIC INPUT
RECOMMENDATION OF PLANNING & ZONING COMMISSION
CLOSE PUBLIC HEARING
.
.
9. CONSIDER SPECIAL CONDITIONAL. USE PERMIT REQUEST SCU94-003 - C.
Harrington
10. PUBLIC HEARING ~' C: SPECIAL CONDITIONAL USE PERMIT REQUEST SCU
94-004, FOR THE PURPOSE .OF AMENDING SPECIAL CONDITIONAL USE
PERMIT SCU90-002 TO ALLOW A 400 FOOT X 747 FOOT STAGING AREA
AND ACCESS DRIVE TO BE L~~ TO AN 'OUTSIDE OPERATOR. '..L:n..t:;
AREA IS BE OPERATED AS TRAILER STAGING YARD. '.L'XU:; PROPERTY IS
LOCATED AT 502 NORTH BROADWAY
OPEN PUBLIC HEARING
REVIEW REQUEST BY STAFF
PUBLIC INPUT
RECOMMENDATION OF PLANNING & ZONING COMMISSION
u. --
CLOSE PUBLIC HEARING
1~. CONSIDER SPECIAL CONDITIONAL USE PERMIT REQUEST SCU94-004 -
C. Harrington
12. CONSIDER AN ORDINANCE AUTHORIZING UPDATED SERVICE CREDITS AND
INCREASED ANNUITIES IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM
(Ord. 1875-B) - L. Rigby
13. CONSIDER AN ORDINANCE' APPROVING '.l'.tU.; CONCESSION AGREEMENT
BETWEEN THE CITY OF LA PORTE AND LINDA DARNELL WITT FOR
OPERATION OF THE PIER CONCESSION AT SYLVAN BEACH PARK (Ord.
94-2005) - S. Barr
j"
e e
. - ,
.'
14. CONSIDER AN ORDINANCE ESTABLISHING FEES FOR SYLVAN BEACH
,/ FISHING PIER (Ord. 94-2006) - S. Barr
/"
15. CONSIDER AN ORDINANCE Au~~ORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT WITH MUNICIPAL CODE CORPORATION FOR '.l'.n.t.i
RECODIFICATION OF ~n.t.i CODE OF ORDINANCES FOR ~~ CITY OF LA
PORTE (Ord. 94-2007) -:' S. Lenes
16. CONSIDER AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXE~u'.l:E
A CONTRACT . CHANGE ORDER BETWEEN THE CITY OF LA PORTE AND
GALVESTON BAY LAND & MARINE, INC. FOR '.l'.n.t.i REMOVAL OF ABANDONED
PILINGS AT SYLVAN BEACH (Ord. 94-2008) - C. Harrington
17. CONSIDER AN ORDINANCE CHANGING THE NAME OF SOu~.n M STREET TO
LITTLE CEDAR BAYOU DRIVE. (ORD. 94-2009) - C. Harrington
, CONSIDER APPROVING AN INTERLOCAL AGREEMENT FOR LOGIC FUND -
1"8.
J. Litchfield
19. CONSIDER A RESOLUTION OF ~n.t.i CITY COUNCIL OF ~~ CITY OF LA
_ PORTE, RATIFYING AND CONFIRMING ITS SUPPORT OF.l'.n.t.i SETTLEMENT
AGREEMENT BETWEEN THE CITY OF LA PORTE; SOU'.l'.n.t.ii<N IONICS, INC.,
AND HOUSTON CHEMICAL SERVICES, INC. (Res. 94-12) - R.T.
Herrera
20. CONSENT AGENDA'- ANY ITEM MAY BE REMOVED BY A COUNCILPERSON
FOR DISCUSSION
A. CONSIDER AWARDING AN ANNUAL CONTRACT FOR SIGN MATERIALS
TO VULCAN SIGNS - S. Gillett
B. CONSIDER AWARDING A BID FOR '.l'.n.t.i PURCHASE OF A DUAL-
CONTROL ELGIN STREET SWEEPER TO HI-WAY EQUIPMENT, INC. -
S. Gillett
C. CONSIDER AWARDING A BID FOR '.l'nJ::. REPLACEMENT OF A 26
PASSENGER BUS TO LONGHORN BUS SALES - S. Gillett
D. CONSIDER AWARDING AN ANNUAL .
CONTRACT FOR STABILIZED
CALCIUM SULFATE TO GULF STATES MATERIALS, INC. -
S. Gillett
E. CONSIDER AWARDING A BID FOR THE PURCHASE OF A RIDING
GREENS MOWER, 72 ".. OUT-FRONT ROTARY MOWER, SAND TRAP
MACHINE AND ONE OFF-ROAD UTILITY VEHICLE TO WATSON
DISTRIBUTING COMPANY, INC.. & ONE 200-GALLON SPRAYER TO
LANSDOWNE-MOODY COMPANY, INC. - A. Osmond
F. CONSIDER REQUEST TO PURCHASE A NIGHTSIGHT '.l'l1~ VISION
SYSTEM FROM A SOLE SOURCE VENDOR TEXAS INSTRUMENTS -
B. Powell
21. ADMINISTRATIVE REPORTS
I~ ~ -
~ 4t .
/
/ 22. COUNCIL ACTION
/
/ 23 . EXE~u'.J.:IVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS
LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084, GOVT. CODE,
YERNON I S TEXAS CODES ANNOTATEQ, - (CONSULTATION WITH ATTORNEY,
DELIBERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING
PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, CONFERENCE
WITH EMPLOYEES, DELIBERATION REGARDING SE~u~TY DEVICES, OR
EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN
AN INVESTIGATION)
24 . ADJOURNMENT
If during the course of the meeting covered by this agenda the
Council should determine that a closed or executi ve meeting or
session of the Council should be held or is required in relation to
. an item noticed in this agenda, then such closed or executi ve
meeting or sessions authorized by the Open Meetings Law, Chapter
551, Government Code, Ye~'5 Texas cQQe5 Annotateq, 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 executi ve meeting or session concerning any and all
subjects and for any and all purposes permitted by Sections 551.071
through 551.076, and Section 551.084, of said Open Meetings Law,
inClUding, but not limited to:
Section 551.071 - For the purpose of a private consultation with
the Council's attorney on any subj ect or
matter authorized by law.
Section 551.072 - For the purpose of deliberating the purchase,
exchange, ,lease or value of real property.
Section 551.073 - For the purpose of deliberating a negotiated
contract for a prospective gift or donation to
the city.
~ection 551.074 - For the purpose' of deliberating the
""", . appointment, employm.ent, 'evaluation,
reassi~4~ent, duties, discipline or dismissal
of a public officer or employee or to hear
complaints or charges against a public officer
or employee, unless the officer or employee
requests a public hearing.
Section 551.075 - For the purpose of conferring with an employee
or employees of the City, only for the 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
-
':-
.~.' e e
/'
/
;~ the conference.
;~ Section 551.076 To consider the deployment, or specific
occasions for implementation, of security
personnel or devices.
Section 551.084 - For the purpose of excluding a witness from a
hearing during the examination of another
witness in an investigation.
,
.
-.
fa '.,.
"', 4~...
. .
MINUTES OF THE PUBLIC HEARING
AND REGULAR MEETING OF
LA PORTE CITY COUNCIL
DECEMBER 12, 1994
1. CALL TO ORDER
The meeting was called to order by Mayor Norman L. Malone at
6:00 P.M.
Hgmbers of citv Council Presen.ti. Mayor Norman L. Malone,
Councilpersons Guy Sutherland, Mike Cooper, Bob Thrower, Bob
MCLaughlin, Alton Porter, Deotis Gay, Jack Maxwell and Jerry
Clarke
Members of Council Absent: None
Members of ci tv Staff Present: ci ty Manager Robert T.
Herrera, City Attorney Knox ASkins, City Secretary Sue Lenes,
Assistant City Manager John Joerns, Director of Administrative
s.ervices Louis Rigby, Director of Public Works Steve Gillett,
Director of Planning Chuck Harrington, City Engineer Fred
Thompson, Chief of Police Bobby Powell, Police Lieutenant Carl
Crisp, Golf Pro Alex Osmond, Golf Course Superintendent Dennis
Hlavaty, Director of Parks and Recreation Stephen Barr,
Assistant Fire Chief Champ Dunham, Records Management
Administrator/Assistant to the City Secretary Rita Lacey,
Director of Finance Jeff Litchfield, Assistant Finance
Director cynthia Alexander, Cash Manager Rick Overgaard,
Accounting Supervisor Kathy Hutton, Secretary to the city
Manager Carol Buttler, Purchasing Agent Susan Kelley,
Paramedics Shawnita Watts and Ty James, Dispatcher I Wanda
Richards
Others Present: Attorney Barry Abrams, La Porte Bayshore Sun
Editor John Black, Dr. Tom Sewell and Stacy Swatse11
reprel1"enting San Jacinto College District, Barry Beasely
representing Southwestern Bell Telephone, Ken Strum and John
Paul Zemanek representing La Porte Bayshore Chamber of
Commerce and a number of La Porte citizens
2. INVOCATION BY COUNCILPERSON THROWER
The invocation was given by Councilperson Bob Thrower.
3. CONSIDER APPROVING MINUTES OF SPECIAL CALLED REGULAR MEETING
NOVEMBER 7. 1994
Motion was made bvCouncilnerson Cooner to annrove the minutes
of the SDecial Called Reaular Meetina held on November 7.
1994. Second by Councilperson Sutherland. The motion
carried, 7 ayes, 0 nays. (Councilpersons Porter and Clarke
were away from the table for the vote)
:
. e
Minutes Public Hearing and i
Regular Meeting
La.Porte City Council
December 12, 1994, Page 2
; Ayes: Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Gay, Maxwell, and Mayor Malone
Nays: None
(Councilpersons Deotis Gay and Alton Porter were seated at the
Council table at 6:05 P.M.)
4. PRESENTATIONS:
~ PARAMEDIC OF THE YEAR
IL.. EMPLOYEE OF THE OUARTER FOR JULY. AUGUST. AND SEPTEMBER
~ PRESENTATION OF THE LA PORTE BUSINESS DEVELOPMENT GUIDE
BY STACY SWATSELL
Mayor Malone read the qualifications for Paramedic of the Year
Award and introduced the two nominees for the award, Ty James
and Shawnita Watts. Assistant Fire Chief Champ Dunham
presented each of the recipients with a plaque in recognition
of their accomplishments.
Mayor Malone asked Chief Bobby Powell to come forward with
Employee of the Quarter Nominee Wanda Richards. Mayor Malone
read the qualifications of Wanda Richards as stated in her
nomination. Police Lieutenant Carl crisp presented Wanda a
plague in honor of accomplishments.
Mayor Malone introduced Stacy Swatsell, Director of the
Business Assistance Center at San Jacinto College. Ms.
Swatsell stated, "Dr. Tom Sewell the Chancellor of San Jacinto
College and I are very honored to make this presentation of
the La Porte Business Development Guide which was a
cooperative effort between the College, Southwestern Bell, La
Porte Bayshore Chamber of Commerce, and most importantly the
city of La Porte. r know I speak for everyone when I say how
proud we are at San Jacinto College Business Assistance Center
to be a part of one of the most aggressive business and
economic development project of any city in Southeast Harris
County. You have taken a giant leap ahead of your neighboring
cities with this effort to attract new businesses and expand
those businesses who have already made the right choice to be
in La Porte". Ms. Swatsell presented each councilperson with
a copy of the newly developed guide which' is a tool to direct
business as they start or expand in the City of La Porte. She
stated, "It is an important step by step guide for the City
staff to use to assist businesses in compliance with
regulations and ordinances as they apply to business
development. Ms. Swatsell introduced Barry Beasely of
Southwestern Bell and Mr. Ken Strum representing the La Porte
e .
Minutes Public Hearing and
Regular Meeting
La Porte city council .
\
December 12, 1994, Page 3
Bayshore Chamber of Commerce. Both gentlemen expressed their
appreciation at being a party in the production of the
development guide. Ms. Swatsell also commended Director of
planning Chuck Harrington for his personal dedication to the
development guide.
Mayor thanked stacy for a job well done. The Mayor reported
to Council and the audience there will be a meeting held at
the city Hall with some insurance people regarding wind storm
insurance on December 14th, 1:30 P.M. This will be a fact
finding committee to gather information.
5. PETITIONS. REMONSTRANCES. COMMUNICATIONS. AND CITIZENS AND TAX
PAYERS WISHING TO ADDRESS COUNCIL
As.. REV. WALTER PINKNEY ZION HILL BAPTIST CHURCH - REGARDING
DRUG PROBLEMS ON NORTHSIDE OF THE CITY OF LA PORTE
.IL. LEE DORAN - REGARDING BOYS BASEBALL LEAGUES IN LA PORTE
~ SUZANNA ALLEN - REGARDING BASEBALL IN LA PORTE
Ik. RANDY KENDRICK - REGARDING BASEBALL IN LA PORTE
Rev. Walter Pinkney, 305 North 6th Street, La Porte, Texas,
reported a problem with drug dealers on city property. He
addressed a concern for the children and his fear for their
safety. He suggested more constant police patrol in the area
would help solve the problem.
Mr. Lee Doran, 4901 Glen valley, La Porte, indicated he is
here as a messenger from the La Porte Athletic Club. Mr.
Doran presented a folder of documentation on the establishment
of this newly formed organization and indicated it would be
appreciated if council would look through the information
which he presented. He indicated if Council has any questions
there is a list of people in the information packet who will
. be able to address questions from Council.
Ms. Suzanna Allen, 5025 Crestway, La Porte. Ms. Allen
indicated she is presently vice President of La Porte Boys
Baseball Association. She indicated the Association had some
problems in the previous season but has taken steps to correct
and insure that these problem will not occur again. Ms. Allen
stated, "On behalf of Boys Baseball we apologize for any
negative publicity that may have come about due to the
positions that we have taken toward competitive baseball. We
are also sorry for any conflict which maybe aimed at Bob
Herrera. He has been fair and open with his decisions and his
views as they relate to youth baseball within our community.
He has acted in a profession manner and has given his time to
. e
Minutes Public Hearing and
Regular Meeting
La Porte City Council
December 12, 1994, Page 4
both groups". Ms. Allen also handed to Council copies of her
remark made tonight.
Randy Kendrick, 10012 Hummingbird, La Porte also praised the
City for its support of youth athletics. He thanked the La
Porte Police Department for their support and indicated the
City's efforts will have a positive influence on our children
lives. He thanked city management for the manner in which
they have handled ,this baseball situation.
Helen McFerren, 925 Oak Grove, La Porte, thanked EMS for
"saving her life". She also stated her support of a survey
which is being circulated supporting the development of local
shopping facilities in La Porte. Ms. McFerren said she is
against the purchase of the property known as the Seabreeze
Sailing Center and will also protest the dredging of Deer
Creek.
Ginnie Groda, 926 Seabreeze, La Porte, spoke stating she is
one of the citizens circulating a petition regarding Ordinance
94-1994. Ms. Groda indicated she is also against the purchase
of the property known as the Beasley property or Seabreeze
Sailing Center. She asked Council, "How many tax dollars have
been spent on studies such as the study for a hotel to be
built at Sylvan Beach?" Ms. Groda also addressed a concern
about ditches, street repairs, street lights, lower water and
tax rates, drugs, and a golf course which pays for itself.
Jarrell Burke, 1301 Bayshore Drive, La Porte, spoke as a
member of the Bayshore civic Association. Mr. Burke voiced
his objections to the comprehensive plan, and he addressed the
purchase of the Beasley property and the appraised value of
the property. He also questioned the cost of operating the
cities existing parks and how they are utilized by citizens.
Faye Preston Burke, 1301 Bayshore Drive, La Porte, spoke about
the comprehensive plan. She is opposed to the purchase of the
Beasley property for the purpose of building another city
park. She stated, "I hope you will not purchase this
property."
Howard L. Johnson, 317S. Carroll, La Porte, spoke regarding
youth baseball. Mr. Johnson indicated he is the President of
the La Porte Boys Baseball Association and read a letter of
appreciation from the association for the cities past support.
Mr. Johnson introduced several other citizens who are
attending the meeting tonight in support of La Porte Boys
Baseball Association.
. e
Minutes Public Hearing and
Regular Meeting
La Porte city council
December 12, 1994, Page 5
David Booth, 706 Sharon, Bay town , Texas, spoke in support of
his request for a Special Conditional Use Permit Request for
the purpose of allowing a mini-warehouse/boat R.V. storage
facility to be located at 11230 West Main street in La Porte.
Spero pomonis, 218 Bay Colony Circle, La Porte spoke on two
issues. First, his support of the La Porte Boys Baseball
Association. In his opinion, La Porte has no need for two
separate baseball' leagues, and he feels the city can not
afford additional parks to support two separate leagues. Mr.
pomonis suggested the new league should seek assistance from
Harris County in furnishing more parks. Second, he reiterated
his support for the purchase of the Beasley property for park
purposes. He indicated he feels the people who live near that
property and who do not want a park there are being selfish,
and they do not want other citizens to have what they have.
6. PUBLIC HEARING - A: TO RECEIVE CITIZEN COMMENTS REGARDING
PROPOSED UPDATES TO THE CITY COMPREHENSIVE PLAN. ELEMENTS OF
THE PLAN FOR WHICH UPDATES ARE PROPOSED ARE AS FOLLOW:
THOROUGHFARE PLAN
OPEN SPACE PLAN
PEDESTRIAN PLAN.
SEWER PLAN.
WATER PLAN
STORM WATER PLAN
Mayor Malone opened the public hearing at 6:44 P.M. Director
of Planning Chuck Harrington reviewed the request, and he
commented that the City of La Porte has accomplish a lot of
the goals as set out in the Comprehensive Plan ten years ago.
Mr. Harrington reviewed the proposed update, and Mayor Malone
asked for public input. Fourci tizens spoke regarding the
plan update. Ms. Helen McFerren had questions on the sewer
system update. Ms. Ginnie Groda had questions regarding the
proposed boardwalk on the bay front on the Beasley property.
Ms. Faye Burke also had questions about the funding for a
proposed bay front boardwalk. Mr. Jerrell Burke made comments
regarding the proposed boardwalk on the bay in front of Happy
Harbor Methodist Home property. Recommendation from Planning
& Zoning Commission was for approval of the proposed
amendments, and staff concurred with the Commission's
recommendations. Mayor Malone closed the public hearing at
7:03 P.M.
7 . CONSIDER APPROVING RESOLUTION ADOPTING AMENDMENTS TO THE
COMPREHENSIVE PLAN OF THE CITY OF LA PORTE (Res. 94-11) - C.
. e
Minutes Public Hearing and
Regular Meeting
La Porte City council
December 12, 1994, Page 6
Harrinatoq
City Attorney read: RESOLUTION 94-11 - THIS IS A RESOLUTION
ADOPTING AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE CITY OF
LA PORTE, UPON RECOMMENDATION OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF LA PORTE; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made bv Councilnerson Thrower to ann rove Resolution
~4-11 as read bv the citv Attornev. Second by councilperson
Porter. The motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter, Gay, Maxwell, Clarke, and Mayor
Malone
Nays: None
8. PUBLIC HEARING - B:. SPECIAL CONDITIONAL USE PERMIT REOUEST
SCU94-003. FOR THE PURPOSE ALLOWING A MINI-WAREHOUSE/BOAT AND
R.V. STORAGE FACILITY TO BE LOCATED AT 11230 WEST MAIN STREET
Mayor Malone opened the public hearing at 7:04 P.M. Director
of Planning Chuck Harrington reviewed the request. Mr. David
Booth, who will be constructing the proposed facility if
permit is granted, answered Council questions. There were no
other persons wishing to speak at the public hearing.
Planning and Zoning Commission recommended approval of SCU94-
003 and staff concurred with the recommendation. Mayor Malone
closed the public hearing at 7:08 P.M.
9. CONSIDER SPECIAL CONDITIONAL USE PERMIT REOUEST SCU94-003 - C.
Harrinaton
Motion was made bv Counciloerson Coooer to aoorove soecial
Conditional Use Permit Reauest SCU94-003. Second by
councilperson Sutherland. The motion carried, 9 ayes and 0
nays. (Councilperson Porter made positive comments regarding
the proposed facility)
Ayes: Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor
Malone
Nays: None
10. PUBLIC HEARING - C: SPECIAL CONDITIONAL USE PERMIT REOUEST
SCU94-004. FOR THE PURPOSE OF AMENDING SPECIAL CONDITIONAL USE
PERMIT SCU90-002 TO ALLOW A 400 FOOT X 747 FOOT STAGING AREA
AND ACCESS DRIVE TO BE LEASED TO AN OUTSIDE OPERATOR. THE
e e
Minutes Public Hearing and
Regular Meeting
La Porte City Council
December 12, 1994, Page 7
AREA IS TO BE OPERATED AS TRAILER STAGING YARD. THE PROPERTY
IS LOCATED AT 502 NORTH BROADWAY
Mayor Malone opened the public hearing at 7:11 P.M. Director
of Planning Chuck Harrington reviewed request. There were no
requests from the public to speak. Planning and Zoning
commission recommended approval of SCU94-004 and staff
concurred. councilperson Gay made positive comments regarding
the passing and approval of this request. Mayor Malone closed
the public hearing at 7:13 P.M.
11- CONSIDER SPECIAL CONDITIONAL USE PERMIT REOUEST SCU94-004 - C.
Harrinaton
Motion was made bv Councilnerson Maxwell to acnrove snecial
r.()~(:;l~"t~:onal Use Permit Reauest SCU94-004. Second by
Councilperson Gay. The motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor
Malone
Nays: None
I
12. CONSIDER AN ORDINANCE AUTHORIZING UPDATED SERVICE CREDITS AND
INCREASED ANNUITIES IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM
lOrd. 1875-B) - L. Riabv
Director of Administrative Services Louis Rigby summarized the
information and staff recommendation. Councilperson Maxwell
stepped away from the Council table for the vote due to a
conflict of interest.
City Attorney read: ORDINANCE 1875-B - AN ORDINANCE
AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS
MUNICIPAL RETIREMENT 'SYSTEM, "UPDATED SERVICE CREDITS" IN SAID
SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH
SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF'LA
PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
~otion was made bv Councilnerson Thrower to acnrove Ordinance
1875-B as read bv the city Attornev. Second by Councilperson
Porter. The motion carried, 8 ayes and 0 nays.
(Councilperson Maxwell was away from the table and did not
vote)
Ayes: Councilpersons Sutherland, Cooper, Thrower,
MCLaughlin, Porter, Gay, Clarke and Mayor Malone
e e
Minutes Public Hearing and
Regular Meeting
La Porte City council
December 12, 1994, Page 8
Nays: None
13. CONSIDER AN ORDINANCE APPROVING THE CONCESSION AGREEMENT,
BETWEEN THE CITY OF LA PORTE AND LINDA DARNELL WITT FOR,
OPERATION OF THE PIER CONCESSION AT SYLVAN BEACH PARK fOrd.
94-005) - S. Barr
Director of Parks and Recreation Stephen Barr reviewed the
summary and staff recommendation. city Manager Robert T.
Herrera answered Council questions regarding insurance.
City Attorney read: ORDINANCE 94-2005 - AN ORDINANCE
APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA
PORTE AND LINDA DARNELL WITT, RELATING TO THE CONCESSION
OPERATION OF SYLVAN BEACH PIER, INCLUDING PROVISIONS RELATING
TO DIVISION AND PAYMENT OF GROSS RECEIPTS AND PIER REVENUE,
REPAIRS, INSURANCE, AND INDEMNIFICATION; MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE
DATE HEREOF.
(Councilperson Maxwell returned to the Council table at 7:22
P.M. for the vote on Item 13)
Motion was made bv Counciloerson McLauahlin to annrove
Ordinance 94-2005 as read bv the citv Attornev. Second by
Councilperson Gay. The motion carried, 9 ayes and 0 nays.
Ayes: councilpersons Sutherland, Cooper, Thrower,
MCLaughlin,porter, Gay, Maxwell, Clarke and Mayor
Malone
Nays: None
14. CONSIDER AN ORDINANCE ESTABLISHING FEES FOR SYLVAN BEAC~
FISHING PIER fOrd. 94-2006) - S. Barr
Director of Parks and Recreation Stephen Barr reviewed summary
and recommendation setting the admission fees for the sylvan
Beach FiShing Pier.
City Attorney read: ORDINANCE 94-2006 - AN ORDINANCE
ESTABLISHING FEES FOR SYLVAN BEACH FISHING PIER; FINDING
COMPLIANCE WITH THE OPEN MEETING LAW; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made bv Councilnerson Clarke to aonrove Ordinance
94-2006 as read bv the citv Attornev. Second by Councilperson
McLaughlin. The motion carried, 9 ayes and 0 nays.
e e
Minutes Public Hearing and
Regular Meeting
La Porte City council
December 12, 1994, Page 9
Ayes: councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor
Malone
Nays: None
15. CONSIDER AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT WITH MUNICIPAL CODE CORPORATION FOR THE
RECODIFICATION OF THE CODE OF ORDINANCES FOR THE CITY OF LA
PORTE CORD. 94-2007) - S. Lenes
city Secretary Sue Lenes reviewed summary and recommendation
for the recodification of the Code of Ordinances.
city Attorney read: ORDINANCE 94-2007 - AN ORDINANCE
APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA
PORTE AND MUNICIPAL CODE CORPORATION, TO REFORMAT, RECODIFY
AND CONvERT THE CITY OF LA PORTE'S EXISTING MUNICIPAL CODE,
AND TO PROVIDE . HARD COPY AND COMPUTERIZED FORMAT VERSIONS;
APPROPRIATING NOT TO EXCEED $11,015.00 TO FUND SAID CONTRACT;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made bv Councilnerson Thrower to annrove Ordinance
94~2007 as read bv the city Attornev. Second by Councilperson
McLaughlin. The motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor
Malone
Nays: None
16. CONSIDER AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONTRACT CHANGE ORDER BETWEEN THE CITY OF LA PORTE AND
~ALVESTON BAY LAND & MARINE. INC. FOR THE REMOVAL OF ABANDONED
pILINGS AT SYLVAN BEACH COrd. 94-2008) - C. Harrinqton
Director of Planning Chuck Harrington reviewed summary and
recommendation for request. City Manager Robert T. Herrera
brought to Council's attention that before the city will
execute any type of change order we will wait for official
word from Harris County that they will pay their portion of
the funding for this contract.
City Attorney read: ORDINANCE 94-2008 - AN ORDINANCE
APPROVING AND AUTHORIZING A CONTRACT CHANGE ORDER BETWEEN THE
.e e
Minutes Public Hearing and
Regular Meeting
La Porte City council
December 12, 1994, Page 10
CITY OF LA PORTE AND GALVESTON BAY LAND & MARINE, INC. , FOR
REMOVAL OF ABANDONED PILINGS AT SYLVAN BEACH; APPROPRIATING
NOT TO EXCEED $14,000.00 TO FUND SAID CONTRACT; MAKING
VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING
AN EFFECTIVE DATE HEREOF.
Motion was made bv Councilnerson Clarke to annrove Ordinance
94-2008 as read bv the citv Attornev. Second by Councilperson
: McLaughlin. The motion carried, 9 ayes and 0 nays.
Ayes: councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor
Malone
Nays: None
17. CONSIDER AN ORDINANCE CHANGING THE NAME OF SOUTH M STREET TO
LITTLE CEDAR BAYOU DRIVE lOrd. 94-2009\ - c. Harrinaton
Director of Planning Chuck Harrington reviewed the summary and
recommendation for t,he request. Mr. Harrington said staff
concurs with the Planning and Zoning Commission and recommends
the street name be changed to Little Cedar Bayou Drive.
City Attorney read: ORDINANCE 94-2009 - AN ORDINANCE CHANGING
THE NAME OF SOUTH M STREET TO LITTLE CEDAR BAYOU DRIVE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made bv Councilnerson McLauahlin to annrove
Ordinance 94-2009 as read bv the citv Attornev. Second by
councilpersonThrower. The motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor
Malone
Nays: None
18. CONSIDER APPROVING AN INTERLOCAL AGREEMENT FOR LOGIC FUND - J.
Litchfield.
Director of Finance Jeff Litchfield reviewed the request and
the proposed agreement with the Local Government Investment
Cooperative (LOGIC) Fund. He presented a graph tracking the
performance of TEXPOOL, LOGIC AND THE 90 DAY T-BILL RATE.
Motion was made bv Councilnerson Sutherland to annrove an
interlocal aareement for LOGIC fund. Second by councilperson
e e
Minutes Public Hearing and
Regular Meeting
La Porte City Council
December 12, 1994, Page 11
Thrower. The motion carried, 9 ayes and 0 nays.
Ayes: councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor
Malone
Nays: None
19. CONSIDER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
PORTE. RATIFYING AND CONFIRMING ITS SUPPORT OF THE SETTLEMENT
~GREEMENT BETWEEN THE CITY OF LA PORTE: SOUTHERN IONICS. INC..
AND HOUSTON CHEMICAL SERVICES. INC. (Res. 94-12) - R.T. Herrera
Council decided to take this item to executive session.
20. CONSENT AGENDA - ANY ITEM MAY BE REMOVED BY A COUNCILPERSON
FOR DISCUSSION
fu. CONSIDER AWARDING AN ANNUAL CONTRACT FOR SIGN MATERIAlS
TO VULCAN SIGNS - S. Gillett
!L. CONSIDER AWARDING A BID FOR THE PURCHASE OF A DUAL-
CONTROL ELGIN STREET SWEEPER TO HI-WAY EOUIPMENT. INC. -
S. Gillett
~ CONSIDER AWARDING A BID FOR THE REPLACEMENT OF A 26
PASSENGER BUS TO LONGHORN BUS SALES - S. Gillett
!h. qONSIDER AWARDING AN ANNUAL CONTRACT FOR STABILIZED
C;~I.q+UM SULFATE . TO GULF STATES MATERIALS. INC. - S.
Gillett
~ qONSIDER AWARDING A BID FOR THE PURCHASE OF A RIDING
GREENS MOWER: 72" OUT-FRONT ROTARY MOWER. SAND TRAP
MACHINE. AND ONE OFF-ROAD UTILITY VEHICLE TO WATSON
DISTRIBUTING COMPANY. INC. & ONE 200-GALLON SPRAYER TO
LANSDOWNE-MOODY COMPANY. INC. - A. Osmond
~ CONSIDER REOUEST TO PURCHASE A NIGHTSIGHT THERMAL VISION
$YSTEM FROM.A SOLE 'SOURCE VENDOR TEXAS INSTRUMENTS - B.
Powell
Motion was made bv Counciloerson McLauahlin to aoorove the
Consent Aaenda as Dresented. Second by Councilperson Thrower.
The motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter,Gay, Maxwell, Clarke and Mayor
Malone
e e
Minutes Public Hearinq and
Regular Meeting
La Porte City Council
December 12, 1994, Page 12
Nays: None
21. ADMINISTRATIVE REPORTS
city Manager Robert T. Herrera had two items for council's
attention. A) Complimented Council on the manner they handled
the agenda items; B) Introduced the new Assistant Director of
Finance cynthia Alexander.
22. COUNCIL ACTION
Councilperson Sutherland, Cooper, Thrower, McLaughlin, Porter,
Gay, Maxwell, Clarke and Mayor Malone brought items to
Councils attention.
23. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS
LAW. CHAPTER 551.071 THROUGH 551.076. AND 551.084. GOVT. CODE.
VERNON'S TEXAS CODES ANNOTATED. - (CONSULTATION WITH ATTORNEY.
pELIBERATION REGARDING REAL PROPERTY. DELIBERATION REGARDING
PROSPECTIVE GIFT OR DONATION. PERSONNEL MATTERS. CONFERENCE
WITH EMPLOYEES,. DELIBERATION REGARDING SECURITY DEVICES. OR
EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN
AN INVESTIGATION)
SUPPLEMENTAL AGENDA ITEM
A. SECTION 551.071 - (LEGAL)
DISCUSS WITH LEGAL COUNSEL LAWSUIT WITH HOUSTON
CHEMICAL SERVICES
ALSO DISCUSSION OF AGENDA ITEM 19
Council retired into executive session at 8:02 P.M. to discuss
executive session Item A and Agenda Item 19. Council returned
to the table at 9:15 P.M. Mayor Malone reported there was no
action taken on Executive Session xtem A. Discuss with Leqal
Counsel lawsuit with Houston Chemical Services or Aqenda Item
19, Resolution No. 94-12.
City Attorney read: RESOLUTION 94-12 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LA PORTE, RATIFYING AND CONFIRMING
ITS SUPPORT OF THE SETTLEMENT AGREEMENT BETWEEN THE CITY OF LA
PORTE; SOUTHERN IONICS, INC., AND HOUSTON CHEMICAL SERVICES,
INC. ; AND RATIFYING AND CONFIRMING LETTERS FROM THE CITY
MANAGER OF THE CITY OF LA PORTE, TO GOVERNOR-ELECT GEORGE W.
BUSH, AND OTHERS, CONCERNING THE SETTLEMENT AGREEMENT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
e e
Minutes Public Hearing and
Regular Meeting
La Porte City Council
December 12, 1994, Page 13
EFFECTIVE DATE HEREOF.
Motion was made bv Councilperson Maxwell to approve Resolution
94-12 as read bv the City Attornev. Second by councilperson
Clarke. The motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor
Malone
Nays: None
24. ADJOURNMENT
There being no further business to come before Council the
meeting duly adjourned at 9:17 P.M.
Respectfully submitted,
~L/}~
Sue Lenes, City Secretary
Passed and Approved this the 9th
da~of January, 1995 ..
1~~~~
N rman L. Malone, Mayor
. .
I
. .
PARAMEDIC OF THE YEAR 1994
EACH YEAR, LA PORTE EMS RECOGNIZES AN EMPLOYEE AS THE PARAMEDIC OF
THE YEAR. THIS EMPLOYEE'S ATTITUDE AND BEHAVIOR EXEMPLIFIES THE
FOLLOWING QUALITIES:
1. LOYALTY TO THE ORGANIZATION AND TO
HIS/ HER PEERS
2. CONGENIAL
3. HELPFUL TO OTHERS
4. WILLING TO STRIVE FOR SELF IMPROVEMENT
5. FAIR AND HONEST
6. PROFESSIONAL IN APPEARANCE
7. CARING TOWARD PATIENTS
8. CONSIDERATE TO FELLOW EMPLOYEES
9. PUNCTUAL
THIS YEAR WE HAD A TIE IN THE VOTING. TY JAMES AND SHAWNITA WATTS
WERE BOTH NOMINATED AS THE PARAMEDIC OF THE YEAR.
TY JAMES HAS BEEN A PARAMEDIC WITH LA PORTE EMS SINCE NOVEMBER OF
1993. DURING THIS TIME, TY HAS PROVED HIMSELF TO BE AN EXEMPLARY
EMPLOYEE. DURING HIS TENURE, TY HAS RECEIVED SEVERAL LETTER OF
ACCOMMODATION FROM PATIENTS, PATIENTS FAMILIES, AND SCHOOLS. TY HAS
ALSO PLAYED AN INSTRUMENTAL ROLE IN UPDATING LA PORTE EMS' DISASTER
POLICY. TY HAS ALSO TAKEN IN ACTIVE ROLE IN THE LA PORTE EMS/
NEIGHBORHOOD CENTER TOY DRIVE.
SHAWN ITA WATTS HAS BEEN A PARAMEDIC WITH LA PORTE EMS SINCE OCTOBER
1988. SHE WAS FIRST HIRED AS A DRIVER AND WAS PROMOTED TO THE
POSITION OF ATTENDANT IN 1991. SHE IS ALSO ONE OF OUR FIELD
TRAINING OFFICERS. DURING HER TENURE SHE HAS ALWAYS STRIVED TO MAKE
LA PORTE EMS ON THE BEST SERVICES IN TEXAS AND WAS VERY
INSTRUMENTAL IN HELPING LA PORTE EMS WIN THE PUBLIC PROVIDER OF THE
YEAR AWARD FOR 1993. SHAWNITTA ALSO SERVES AS THE OFFICE MANAGER
FOR LA PORTE EMS. SHAWNITTA HAS RECEIVED SEVERAL LETTERS OF
ACCOMMODATIONS AND HAS ALWAYS BEEN CARING TOWARDS PATIENTS.
" , ~ vi 'f-k. 0 ~ =_ J v1J I J~0 fU,~/, 2>Cp--T 1'"1'1 L/
e e
"EMPLOYEE OF THE QUARTER"
NOMINA TION FORM
Employee's Name: w~\'A ~ I t.+<..PJ'3)5 Hire Date: ;- t..Z ~8 ~
Job Title: DI7ft1loy{~J_.~
Nominated By: L\'. C.r(. ~IW Department: p~.
v
Yes / No
~ 1. Completed six (6) month introductory period.
~ 2. Any reprimands in personnel file during past twelve (12) months.
~ 3. Satisfactory safety record. both vehicle and personal.
4. Serves as a positive role model for other employees in regard to attitude.
performance. and ability.
t 5. Performs over and above his/her regular job duties and requirements.
6. Has this employee been selected for "Employee of the Quarter" before? If yes,
please state when. "
i
7. For the past twelve (12) months has received the following overall score on his/her evaluation
(please check one only): ~xcellent
Superior Satisfactory
8. Please write a paragraph explaining why this employee is being nominated for" Employee of the
Quarter". (attach 'supplement pages as needed)
wAv1~ ~h ~(1 ~ ~y~ Ues. ~
~"'" ~ (.0. -..-..vi2 wi 0 ~..... ~ O-vv() ~ V8?
~.^- ~'^ ~\K.Q...W \o~(M~.-b -kY ~ \J1A~d
~ ~ CeAA~~~; ~~A/J .. ~
~~V-tL '1~ \10 70 ~.
, ~. ~J-, o.A~k~ ~ 0>0
~~..~ V} eL <I~..JRe ~.~
~ Q' ~ ~ ~ aWL 'v; ~ ~
APC<l~~.hIM- oi "'- ~ 0 L weiI.tL '^'- ~ ~ .
Supervisor's Signature: {/ii4ftL~ Date: 1~/2bI/qy
e e
t
IQUEST FOR CITY COUNCIL AGENDA ITI
Agenda Date Requested: December 12. 1994
Requested By: Charles Harrinoton C/l#- Department: Plannino
t X Report X Resolution Ordinance
\
, Exhibits:
"-
1, Transmittal Letter from Planning & Zoning Commission
2. Report Regarding Proposed Comprehensive Plan Amendments
3. Resolution
i
,..........,..." ........', .... "'"'' ,'.. ." ,"" ""." ""',""'''..... "",.' '''''''' .., "" .",~""", '., .. .",." ." , '" ......"""" ""'."......,,_..,,, '"
SUMMARY & RECOMMENDATION
Summarv
The Planning & Zoning Commission, as required by law, has performed its 1994
Comprehensive Plan review. The attached transmittal letter and report detail the topics
of review. The report also includes the plan amendments that have been endorsed by
the Commission.
Council Is being asked to review these amendments and grant formal approval by
adoption of the attached resolution,
Recommendation
The Planning & Zoning Commission has recommended approval of the proposed
:' amendments. Staff concurs with the Commission's recommendation.
Action Required by Council:
Consider approval of resoluti.on.
AvaliabiHiy'ofFuil'ds:"'Nl:A ."",..", '""""""",-.."'''''' ,.", ""'" ",,,., .'" '" ,,","'" ",..", _.'h'."..",.,,,......"'.."',',..,,"...,,',',,...,".......
- General Fund - VVaterjVVastewater
- Capital Improvement - General Revenue Sharing
- Other
Account Number: N/A Funds Available: YES NO
..,......,.,...,..........,.,.........'" .. "".11 I'" ,,,,,.., ,," 1....1,",'.,... "'''.'..''''''..''''.~'...;...,'''u..'...., ,,,.. ,.,..",..."".. hi. ._ ,..."" ......", ,...., .... '" I ..'''.''00''. .," .......,...'"".....'....1"."'......' _''''''.1.'.
Aooroved for Cltv Council Aaenda
G~ \,~ 1'2.-,-t:!l{
Robert T. Herrera DATE
City Manager
f n
e e
RESOLUTION NO. 94-11
THIS IS A RESOLUTION ADOPTING AMENDMENTS TO THE COMPREHENSIVE PLAN
OF THE CITY OF LA PORTE, UPON RECOMMENDATION OF THE PLANNING AND
ZONING COMMISSION OF THE CITY OF LA PORTE; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, Section 211. 004 of the Texas Local Government Code
provides that Zoning regulations must be adopted in accordance with
a Comprehensive Plan; and,
WHEREAS, said statute also provides that a majority of the
City Council of the City of La Porte may amend a Comprehensive Plan
at any time; and,
WHEREAS, City of La Porte Ordinance 1501, The City of La
Porte's Zoning Ordinance, delegates to the Planning and Zoning
Commission the duty to review and make recommendations relevant to
modifications of the Comprehensive Plan; and,
WHEREAS, the City of La Porte has a Comprehensive Plan which
Plan was adopted by City Council of the City of La Porte by
Resolution No; 35-86 on ;he 8th day of December, 1986; and,
WHEREAS, pursuant to Zoning Ordinance mandate, the Planning
Commission of the City of La Porte has reviewed various elements of
the Comprehensive Plan as follows, to wit:
a) At the Planning and Zoning Commission meeting which
occurred on July 21, 1994, the Thoroughfare Plan was reviewed;
b) At the Planning and Zoning Commission meeting which
occurred on August 18, 1994, the Water, Sewer, and Storm Water
components of the Comprehensive Plan were reviewed; and,
c) At the Planning and Zoning Commission meeting which
occurred on September 15, 1994, the Open Space Plan and Pedestrian
Plan components of the Comprehensive Plan were reviewed; and,
RESOLUTION NO. 94-11~ e Page 2
WHEREAS, the Planning and Zoning Commission of the City of La
Porte held a public hearing, duly pos1:ed and held in accordance
with state law, for the purpose of considering the aforementioned
various components of the Comprehensive Plan; and,
WHEREAS, after due consideration of comments made by the
public at said public hearing together with the recommendations of
staff presented at said Planning and Zoning Commission meetings and
said public hearing, the Planning and Zoning Commission has
recommended amendments to the ComprehenEive Plan, more particularly
outlined on Exhibit "A" attached to this Resolution;
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, THAT:
Section l. That the revisions to the Comprehensive Plan of
the City of La Porte attached to this Resolution, and which are
incorporated by reference herein, be and are hereby authorized,
approved, and adopted . pursuant to the recommendations of the
Planning Commission of the City of La Porte.
S~ction 2. That the City Secretary of the City of La Porte or
her designated representative be required to append said amendments
to said Comprehensive Plan and duly mark and note said changes on
,
the Comprehensive Plan of the City of La Porte.
Section 3 . The City Council officially finds, determines,
recites and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
RESOLUTION NO. 94-11~ . Page 3
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 The City Council
i acted upon. further
~ ratifies, approves, and confirms such written notice and the
contents and posting thereof.
Section 4. This Resolution shall be effective fourt~en (14) days
after its passage and approval. The City Secretary shall give
I notice of the passage of this Resolution 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
Resolution.
PASSED AND APPROVED this /<9.'" day of D e..~ <Lt)'\ b er ,
193.!/-.
" CIT~/OF LA PO~
It .'
By: >" ;/)11/. ..., . I
/NoIrmari~j,~ ayor
ATTEST:
By: ~ ~
Sue Lenes, City Secretary
L-
rn~
i
\
\
e
City of La Porte
Established 1892
1 December 6, 1994
Honorable Mayor Norman Malone and City Council
City of La Porte
Re: Comprehensive Plan Updates
. Dear Mayor Malone:
The Planning Commission, as required by law, has this year performed ~ts' review of the
Comprehensive Plan. During this year review, three major areas were examined during the
workshops conducted in July, August, and September. The three elements examined were
transportation, utilities, and open space/pedestrian space.
The review was concluded with a publi~ hearing conducted on October 20, 1994. The report
that is attached and follows this letter details the topics of review and the Commission's
recommendations.
The Planning and Zoning Commission, by unanimous vote, has endorsed the
recommendations contained in thIs report. The Commission respectfully requests that City
Council, by resolution, approve the Comprehensive Plan amendments as presented.
Respectfully submitted,
~e~
Chairman, Planning and Zoning Commission.
xc: Robert T. Herrera, City Manager
John Joerns, Assistant City Manager
John Armstrong, Assistant City Attorney
La Porte Planning and Zoning Commission
P.O. Box 1115 · La Porte, Texas 77572-1115 · (713)471-5020
,
- - ~
e e
COMPREHENSIVE PLAN AMENDMENTS
TRANSPORTATION - UTILITIES - OPEN SPACE
Backlrround: The Planning Commission, as required by law, has this year performed
its review of the Comprehensive Plan. During this year review, three
major areas were exanii,ned during the workshops conducted in July,
August, and. September. The three elements examined were
transpOJ;tation, utilities, and open space/pedestrian space.
In reviewing all three areas, a number of items were considered as
prime indicators of growth and growth patterns. These items included
growth rates based on housing stock, new subdivisions, traffic counts,
and new projects of major impact. The background information is
depicted as a part of Attachment "A".
Recommendation:
Transoortation: In the review of the transportation section of the
-
Comprehensive Plan, it was quickly noted that many of the
transportation improvements proposed in the original plan have been
addressed. Attachment "B" depicts the major improvements proposed
in 1984 and shows their status. There is only one street project that is
recommended to be deleted; the connection of Barbour's Cut Blvd. to
North "P" Street at or near Sens Road. There is no apparent need to
connect the Port traffic to lip". Street and there is certainly no
justification for expense involved in making the overpass across the
Southern Pacific Railyards. Attachment "B" also provides the proposed
transportation improvements that were developed during the workshop -
process. These include major street improvements as well as
intersection improvements necessary to enhance the traffic flow on
several arterials.
Utilities: In the area of utilities, the Commission has reviewed the
three areas of water, sewer; and storm sewer. As may be recalled from
discussions during the workshop session, the growth originally
anticipated in the Comprehensive Plan has not occurred at the rate of
5.3% per year. Over the period of 1984-1990, the population was
expected to grow by 9,203 persons. Actual growth by census count was
only 3,670 persons. Estimated population by the Comprehensive Plan
for 1994 was to be 40,572. By current estimates, the population is on
28,998.
- ~ c
e e
The reduced growth rate has helped in the areas of water and
wastewater. This slower growth rate has kept the demand down for
increased services and has kept the proposed improvements still viable
for the next ten years.
The resultant effect . was for the staff to recommend and the
Commission to adopt no changes to the utilities portion of the
Compre?ensive Plan.
Onen Snace IPedestrian: In the review process, the focus was split
- - between open space (parks) and pedestrian access.
In the area of open space, the City has accomplished most if not more
than was originally proposed in the Comprehensive Plan. As shown in
Attachment "C", the original projects have been completed. During the
workshop session, the staff recommended those new projects listed in
Attachment "C". These will include a new community park at the old
Seabreeze Sailing Club site, a regional park in West La Porte and the
redeveloP:rI!-ent of a portion of Sylvan Beach Park.
In the areas .of pedestrian walkways, very few projects have been
accomplished. The staff recommended retention of the existing plan
with the adoption of two new additions as a result of the Bayfront
Master Plan. The new projects, as shown in Attachment "C", are the
construction of a boardwalk from Sylvan ,Beach to the old Seabreeze
Sailing Club and a pedestrian path or walk along San Jacinto from
Main Street to Sylvan Beach.
The staff recommends that the Planning Commission accept the
. proposed Comprehensive Plan changes and forward them to the City
. Council with a recommendation for approval.
- ~ .
e e
.'
ATTACHMENT IIAII
- - .
e e
POPULATION
INFORMATION
Population on April 1, 1990 27,923
Housing Units on April 1, 1990 9,971
Persons/Housing Unit on April 1, 1990 2.8
Housing Units Constructed since April 1, 1990 389
Housing Units Demolished since April 1, 1990 5
Net Gain in Hosing Units 384
Estimated Population Gain since April 1, 1990
(based on 2.8 persons/housing unit) 1,075
POPULATION ESTIMATE AS OF DECEMBER 1, 1993 28,998
Average Growth per Year since April 1, 1990 1 % per year
- e
POPULATION INFORMATION
1993 ITHRU 11 MOS.) POD. 28.998
Housing Units Added 189
Housing Units Demolished -..s.
Net Gain 184
Population Gained at 2.8 persons/unit 515
Growth Rate 1.8%
1992 POD. 28.483
Housing Units Added 173
Housing Units Demolished -0-
Net Gain 173
Population Gained at 2.8 persons/unit 484
Growth Rate 1.7%
1991 POD. 27.999
Housing Units Added 22
Housing Units Demolished -0-
N et Gain 22
Population Gained at 2.8 persons/unit 62
Growth Rate .2%
1990 POD. 27.937
Housing Units Added 5
Housing Units Demolished -0-
Net Gained 5
Population Gained at 2.8 persons/unit 14
Growth Rate .06%
"
POPLLATIO\ GROWTH
Thousands
34 -..,........."....,..,....,...,...............'...'................................,........,..............................................................,.........................................,.............................................,..........................
e 32 -.........................................................:...:.................................................................................................................................................................................................................
30 -........................,................................,............................................................................ .............................................................................................................................
28 ........................................................................................................................................................................................................................................................................
26 -............................,............................"..,.......,.................................................................................................................................................................................:........................
24 -.................................,................'....,...................................................................................................................................................................................................................... !
1
22 -........,...............,.........................................,...........................................................................................................................................................................................................
20 I I I I I I I I I
e 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000
28,0.4.4 28,20.4 28,889 29,252 29,487 YEARS
.610 .610 1.710 210 1.610 ·
~ ESTIMATED POPULATION
1. Growth based on res. housing permits
· First six months of 1994
> ....
-
I I
BAYTOWN rY
-
... ~
~ N.T.S.
, li!
I NORTH . F' ST. 3m: ~ it
DEER PARK \ Ii. ~~.< ~ ~_I 7 ! !.
: ~(T
I 3 BOO
NORTH .If ST.
'I., MORGAN'S POINT
i ,I
i
. . PASADENA
~
_i GALVESTON
900 BAY
~
e
I \.
LEGEND I I
I
t 994 DATA CllY OF lA PORTE
t 984 DATA SEABROOK TRAFFIC COUNTS
"
. ,-.-. "--
, .
: _ BAYTOWN ~
"
. GlEN~E5.6'7 .
218 PtAlTB) LOTS ~ I
~I. N.TS
~ Nomll'P" ST.
DEER PARK " . . : ~ ; .. .
~r-."" . ~ ·
: A PO(T MORGAN'S POINT
I.
i
! . .,...
. PASADENA I
; ~
\ ~ ~
PECAN CIlOSilNG SUBDMSON I I GALVESTON
),
250 P\.ATIED LOlS ~ BAY
_.
NO, UNITS CONS1RUCTID
,~ SNa: 1/1/91
1 I
~1 I / ~
I
2 1~ ~OO~~
337 Pl.ATlID lOTS
3 A2"
. 4 28 SEABROOK CITY OF LA PORTE GROWTH AREAS
. . t,
. e
ATTACHMENT "B"
- ~ ~
e -
THOROUGHFARE IMPROVEMENTS
1994 PRIORI'lU~..S
Priority GrouD . Roadwav From To Proiect
1. Farrington Blvd. Crestway North "H" Construct 2 Lane
Section
Bay Area Blvd: Fairmont Spencer Construct 5 Lane
Section
Sens Rd. Spencer SH 225 Construct 5 Lane
Section
San Jacinto Main Sylvan Widen to 4 Lanes
Beach with Divided Median
2. Lomax School Rd. North "P" St. SH 225 Construct 2 Lane
Section
3. 16th Street North "G" St. SH 146 Construct 2 Lane
Section
16th Street Fairmont Pkwy. W. Weems Construct 2 Lane
Section
4'. Farrington/Lomax Crestway SH 225 Widen to 4 Lane
School Road with Divided Median
16th Street North "G" St. SH 146 (S) Widen to 4 Lanes
Old La Porte Rd. Underwood SH 146 Construct 2 Lane
Section
Others: Broadway F airmont Shoreacres Widen to 5 Lane
Boulevard Section
Canada Street Carlow Fairmont Construct 2 Lane
Section
j
I
e e
INTERSECTION IMPROVEMENTS
1994 PRIORITIES
Priority Group Location Proiect
1. Fairmont @ Driftwood Construct Right and Left Turn Lanes
Fairmont @ Farrington Construct Right and Left Turn Lanes
Fairmont @ Underwood Construct Right and Left Turn Lanes
Fairmont @ Brookwood Construct Right and Left Turn Lanes
Fairmont @ Luella Construct Right and Left Turn Lanes
Fairmont @ 8th St. Traffic Signals from 7th to 8th St.
Main St./Broadway /San Jacinto Construct Round-about
2. Fairmont @ S. 16th St. Install Traffic Signals When Warranted
SH 146 @ Wharton Weems Install Traffic Signals When Warranted
3. Wharton Weems . Blvd. Construct Grade Separation
Fairmont @ Canada St. Construct Right and Left Turn Lanes
- - c-
. e
1984 PRIORITIES
COMBINATION RESPONSIBILln~S
Priority Groun Proiect Current Status
1. SH 225/SH 146 Interchange Under design; construction in 1996.
Alternate Truck Route to Proposed to be deleted.
Barbours Cut Blvd.
2. Grade Separation on SH 146 Fairmont Pkwy. complete; Barbour's Cut
at Barbour's Cut Blvd. and Boulevard under design.
Fairmont Parkway
3. ' SH 225 Completion as Freeway Under construction.
to Intersection of SH 146
Underwood Road from Proposed Approximately 50% complete.
"S" Street to Fairmont Pkwy.
Upgrade to Primary Arterial.
4. Completion of Bay Area Blvd. from
Fairmont Pkwy. to Spencer and Upgrade
to Arterial Standard from Spencer to SH 225.
Complete Underwood from Proposed Complete
"S" Street to SH 225.
, Others: Upgrade Fairmont Pkwy. to Semi-
controlled Access Highway.
Link ilL" Street to Barbour's Cut Blvd. Delete
c
. .
1984 PRIORITIES
CITY RESPONSffiILITIES
: Priority Group ,Proiect Current Status
2. Farrington Blvd; Crestway to
Spencer; widen to 4 lanes.
Farrington Blv~. from Crestway R -0- W being purchased and design
to North "H" Street; develop 4 underway.
lane section.
Lomax School Road from North "H"
Street to North "P" Street; widen
to 4 lanes.
Lomax School Road from North "P"
Street to SH 225; develop 4 lane section.
3. Old La Porte Rd. from Underwood to SH 146.
4. 16th Street from North "G" Street Proposed to reroute to SH 146.
to Old La Porte Rd.; widen and
construct 4 lane section.
16th Street from Fairmont to
Wharton Weems Blvd; widen and
construct 4 lane section.
- -
-
e .
.
ATTACHMENT "e"
- ~ ~
. .
ORIGINAL PROJECTS
Little Cedar Bavou Park Status
Includes:
Pool with diving well Wave pool complex
4,000 sq. ft. gym. Recreation Center
Playground Complete
4 lighted baseball fields 3 fields complete
Concession stand/pressbox Complete
1 soccer field 2 fields
'6 tennis courts Complete
Parking Complete
3 picnic sites . Complete
Fishing pier Sylvan Beach Pier
Foot bridge
Bay overlook Sea Breeze Sailing
Cub purchased
Community Park (Northwest Area)
Includes:
2 basketball courts Complete
2 tennis coUrts Complete
1 football/soccer field Complete
2 softball fields
Future Facilities
To Include:
2 basketball courts
2 handball courts Recreation Center
4 tennis courts
2 baseball fields
. 1 swimming pool Northwest Park
- ~
e e
N~W PROJECTS
Develop Community Park to include:
. Picnic Areas
. Fishing Pier
. Bay Overlook
. Parking
Develop Relrional Park in West La Porte to include:
. ' Four Softball Fields
. Concession StandjPressbox
. Walking Trail
. Picnic Area
. Parking
Develop Relrional Park North of Sylvan Beach to include:
. Waterfront/Beach Area
. Ampitheater
. Festival Park Site
. Picnic Area
. Parking
Pedestrian Walkwavs to be completed would include:
. Boardwalk from Sylvan Beach to Sea Breeze Site
. \Valkway along San Jacinto St. from Main St. to Sylvan Beach.
e .
.
.
City of La Porte
Established 1892
December 6, 1994
Honorable Mayor Norman Malone and City Council
City of La Porte
Re: Special Conditional Use Permit #SCU94-003
Dear Mayor Malone:
The La Porte Planning and Zoning Commission, at its October 20, 1994, public hearing and
regular meeting, considered Special Conditional Use Permit Request #SCU94-003. This
permit has been requested for the purpose of allowing construCtion of a mini-warehouse and
boat/RV storage facility.
A copy of staffs report detailing the issues relating to this request is attached ahd follows
this letter. Based on the information contained in staffs report and comment received in
public hearing, the Commission has found this request to be in compliance with applicable
Zoning Ordinance requirements. The Commission has, therefore, by unanimous vote,
recommended approval of SCU94-003, subject to certain specific conditions.
A Special Conditional Use Permit has been prepared. It is attached and follows staffs
report. Recommended permit conditions are noted on the permit.
Respectfully submitted,
(fj~r~
Chairman, Phmnin.g and Zoning Commission.
xc: Robert T. Herrera, City Manager.
John J oerns, Assistant City Manager
John Armstrong, Assistant City Attorney
La Porte Planning and Zoning Commission
P.O. Box IllS · La Porte, Texas 77572-1115 · (713) 471-5020
WUEST FOR CITY COUNCIL AGENDA ITE.
Agenda Date Requested: December 12. 1994
Requested By; Charles Harrinoton (J( ~ Department: Plan nino
X Report Resolution Ordinance
Exhibits:
1. Transmittal Letter from Planning and Zoning Commission
2. Staff Report
3, Special Conditional Use Permit #SCU94-003
4. Public Notice Replies
1"",,,,,,,,,.,, """""""''''''0.,.....1 """".,..,. ... "' " I . I . ",.,"....,,, "" ".
SUMMARY & RECOMMENDATION
,Summary
..,I.. The Planning & Zoning Commission, at its October 20, 1994, meeting, considered and
recommended approval of Special Conditional Use (SCU) Permit Request SCU94-003.
The permit Is requested for the purpose of allowing development of a mini-
warehouse/boat and RV storage facility to be located at 11230 West Main Street.
The October 20, Commission hearing constituted the first phase of the SCU review and
approval process. The final phase will be the December 12, Public Hearing to be
conducted by City Council. After closing the hearing, Council will consider approval of
the SCU Permit.
t In preparation for this City Council Public Hearing, staff has satisfied all public notice
,.
requirements, including a mailout to the owners of all properties located within 200 feet
of the tract in question. A total of 9 notices were mailed. As of December 6, the date on
which this agenda request is being prepared, 3 replies have been received, all
recommending approval. If additional replies are received, they will be provided to
Council at the December 12, Public Hearing.
Recommendation
The Planning & Zoning Commission, by unanimous vote, has recommended approval of
SCU94-003, subject to specified conditions. Staff concurs with this recommendation.
Action Required by Council:
1. Conduct Public Hearing
2. Consider Approval of SCU94-003
Ava"iiabii'lty.o'..F'Lin.as;"..NJA'."....-..'. .. ,.." .'..." ,. ,....",... . 11.1'" .,,, ';".' .,.,....,...."....,.-..,...,.,......,..,.,,,"......,
- General Fund - Water/Wastewater
- Capital Improvement - General Revenue Sharing
- Other
Account Number: N/A Funds Available: YES NO
..'.'d.'......"".,,,',,,,.'",,.,,,.....,..,,.,,,,,.,',,,....,' ..'1' '" ,",,' "" .,........ , ... .", 'I' , "..""..,......" ...,,,,,..,,
Aooroved for Cltv Council Aaenda
CXoJ-..w: T ~ \ 1.. -I-q~
Robert t. Herrera DATE
City Manager
.'
e CITY OF LA PORTE e
APPLICATION fOR
SPECtAL CONDITIONAL USE PERMIT
Do3
---------------------------------------A;;li~~~i~~-~~~~--ci7=----- ---
OfFICE USE ONLY: Fee: $100.00 Date Received: C~ -30-'IL~
. . R e c e i p t No.: -'is-';; ,r Y .3 6 -
Certified Plans Submitted:
\ ~ General plan () Major Development Site Plan
()d Minor Development Site Plan () Preliminary Plat
----------------------------------------------------------------------
Person Making Request: ~\l""" ~CC"T~':=:' '::NL 70h",;",... ':;;~t:'/4-#c1'
/
Mailing Address: 7C( 5:hA-/<.o;J DIL
City/State: ~"TCUJ\J -'-1-. -n s;L. I phone: 713- 6p.s- /3Si
I
BUSINESS NAME: ).,AAJ,' "., A rv" I "'"T~i?~<;" .~
P ROPE RTY- ADDRESS: 8, LJJ, &re;Jf'/L SPP~c ea -;),o)..v~v 1'31-lC( i3~ lI~rrl-:-
, '
LEGAL DESCRIPTION: 212TDf [ld' ,/ ~ Cjo ?cllH-Kcf ~~,a.I(5(,rl""'" 1h6.2J
,
ZONE: (;Ie. SIC USE CATEGORY: _ :./.2.2...5
TYPE Of BUSINESS: (Y7/~h - Se/r .s--ff)~AC/e-
9-3"- 9'-1 'm//~'0-
Date owne~;'Authorized Agent
----------------------------------------------------------------------
OFFICE USE ONLY
Da te 0 f P & Z Public Hea ring: /1/LV/<frf Recommenda t iOn:6) or N
Date of City Council Meeting: 1:1--. J II-.-/rY- Approved: y or N
I I
Zone:
This application is: Approved ( ) Denied ( )
Permit (}
CLP JOB ~ (If Assigned Yet)
Conditions:
Date Zoning Administrator
CED/1-'87
e e
Sept 28, 1994
CITY OF La PORTE
ATT: MARK S. LEWIS
REF: MINI SELF STORAGE FACILITY
S. W. CORNER OF MAIN ST. and BOYETT
TO WHOM IT MAY CONCERN:
Please accept this as our authorization for M. David Boothe
to represent us with the city of La Porte as our authorized
agent to make applications, request or what ever matter may
arise in connection with the permitting and construction of
the above referenced facility.
Johnny Steeland
_ k/::-P&~
0ana~elan~
qdllL0 _ ltJand
e e
LANDMARK INTEREST
GENERAL CONTRACTORS
CON5TR.JCTION M.ANA6EMENT -"I'IP CCIN9IJl.. TANT5
10h &l-lARON DR
U rn1 \ \ eA'l'TOIU-J. TEXA5 11B21
City of La Porte
Planing & zoning Board
City Council
Ref: Mini Self Storage Facility
Location: S. W. Corner Main & Boyett
The proposed location, until recently, has been used by
Matlack Truck Lines as a truck terminal which 1S not a
conforming use under the guidelines of General Commercial
Zoning. We have performed considerable research for the
highest and best use of the land and it is our desire to
enhance the general 'area Slnce it is on one of the main
entrances leading into the City.
We have given great detail to leaving a liberal building
setback and will be taking up about 1400 sq. ft. of pavement
and base to achieve what we belive to be a well landscaped
and attractive site. All the larger trees that now exist on
this tract will be saved and additional landscaping is
proposed over and above the City's required amount.
We have taken into consideration the requirements for
instruments landing approach now being considered for the
airport. All of our proposed buildings are well below the
maximum heights and the only two story building is 197' south
of the center line of Main St.
Provided at this location will be approximately
17,000 sq. ft. of climate controlled storage space. We have
found there is no climate controlled storage available in the
City at this time. Also we will be providing units with
enough eve height to accommodate luxury inotor homes
completely enclosed, protected from the element and out of
view.
We will have an on site manager and an elaborate
security system which should reduce the possibility of
vandalism.
Please note on the plans that additional R/V and boat
storage will be provided as a second phase when the need
arises for more space.
Thank you for your consideration.
M. David Boothe
,
e -~ e ~
--
Reauested For: A 43668 acre tract out of Outlots 71 and 90; Richard Pearsall
Survey, A-25, w~ch is further described as being located at
11230 West Main Street. (See Exhibit A)
Reauested By: Mr. David Boothe of Landmark Interests, on behalf of Mr. '
Johnny Steeland, property owner.
Zoning: General Commercial (G.c.) (See Exhibit "B")
Purnose of Reauest: The permit 15 requested for the purpose of allowing
development of a mini-warehousejboat and RV storage facility.
BackQTound: .As noted, the applicant, Mr. Boothe, is proposing to develop a
mini-warehousejboat and RV storage facility on the tract in
question- The facility, as proposed, is to consist of 441
individual storage units of various sizes, an office, a manager's
apartment, and outdoor parking/storage areas.
This property is located in a General Commercial (G. C.) zone.
Zoning Ordinance Section 6-400 designates both mini-
warehousing and "outdoor storage" as a Conditional Use in
G.c. zones. The requirement for a Special Conditional Use
(S.C.U.) Permit is based on the conditional designation in the
Zoning Ordinance.
Analvsis: All S.C.U. Permit requests must conform to the requirements
of Zoning Ordinance Section 10-200. Additionally, when a
permit is requested for property located in G.c. zones, the
requirements, of Ordinance Section 6-600 also apply. Staff bas
reviewed, this request using these sections as a guide. Based on
this review, we find this request to comply with applicable
ordinance requirements. A summary follows:
Section 10-201 establishes both the administrative
review/approval procedures and basic submittal requirements
for S.C.U, Permits. Regarding submittals, this section requires
applicants to:
. Submit a development site plan "drawn to scale
and illustrating the arrangement of the project in
e - ~ ~
e
.Planning & Zoning Commi!;..sion
Meeting of 10 /2fJ /94
SCU94-003
Page 2 of 7
detail, including parking facilities, location of
buildings, building uses to be permitted, means of
ingress and egress, and other pertinent
information..."
Section 10-202 states that a S.C.U. Permit should be approved
only if all the following requirements are satisfied:
. That the specific use will be compatible with and
not injurious to the use and enjoyment of other
property, nor significantly oiminish or impair
property values within the immediate vicinity.
. That the conditions placed on such use as
specified in each district have been met by the
applicant.
. That the applicant has agreed to meet any
additional conditions imposed, based on specific
site constraints, and necessary to protect the
public interest and welfare of the community.
It is under the second. of these conditions noted above,
(conditions within each district) that Section 6-600 becomes
applicable. This section comprises the "Special Use
Performance Standards" that are applied to developments
within G.c. zones.
The standards that apply to this request are those dealing with
outdoor storage and required screening.
Section 10-201 Criteria: Exhibit A is a reduced copy of the site
plan submitted by the applicant. Staff has reviewed this site
plan and found it to comply with applicable Zoning Ordinance
requirements for setback, lot coverage, landscaping and parking.
The site plan has also been reviewed by the Fire Marshal's
office. The Fire Marshal has determined that existing fire
hydrants will provide adequate protection for the facility and
that the driveway jbuilding arrangement will provide adequate
access and maneuvering space for emergency vehicles.
- ~ ~
e e
Planning & Zoning Commission
Meeting of 10/20/94
SCU94-003
Page 3 of 7
Staff has also reviewed the site plan for compatibility with the
following Comprehensive Plan elements:
Safety Plan: No impact.
Thoroughfare Plan: No impact; existing roads are
adequate to support project.
Utility Plan: Existing water is adequate for potable and
fire protection needs. Sanitary sewer is not available
and can not be readily extended. Existing buildings on
site utilize septic systems. Applicant proposes to install
either a new septic or package treatment system.
Airport Plan: Complies subject to conditions noted in a
following section of this report.
It should be noted that Exhibit A is not a formal "Minor
Development Site Plan" as defined by the City's Development
Ordinance (#1444). While the site plan submitted is adequate
and satisfactory for this review, it will not serve in 'lieu of a
formal Minor Development Plan. Staff would recommend that
the following condition be attached to the S.C.U. Permit.
. This permit does not become valid until a formal
Minor Development Site Plan has been submitted
to the City; reviewed and approved in accordance
with the requirements of Ordinance #1444 and
attached to the S.C.U. Permit.
Section 10-202 Criteria: After reviewing this request, it is
staffs opinion that the project is and will be compatible with
surrounding properties. The east face of the site is separated
from neighboring property by Boyett Street. To the west, the
tract abuts a pipeline corridor.
To the north, the property abuts West Main Street. This is the
most public face of the tract. As illustrated on Exhibit A, this
is where the applicant intends to place a substantial portion
(almost 6,000 sq ft) of the facility's landscaping.
-" ~ c
e e
Planning & Zoning Commission
Meeting of 10/20/94
SCU94-003
Page 4"of 7
Exhibit "e' (which is attached and follows this report) is an
illustration of the type building the applicant plans to erect.
The building style coupled with the proposed landscaping and
setbacks should result in a facility that is attractive in its own
right and is also compatible with surrounding properties.
Conditions for G.C. District: As noted., it is, under the terms
of this condition, that Section 6-600 becomes applicable. The
performance standards of this section will apply to that portion
of the site designated for "future open storage".
The southeastern portion of the tract is comprised of a 25,650
sq ft area identified as being reserved for future open storage.
There are presently buildings located in this area. They are
indicated on Exhibit "A" by broken line outlines. The applicant
has stated his intention to have these structures demolished at
some point in the future. Following demolition, the area is to
be surfaced, fenced, and used for boat and R V parking.
At such time as this area is brought into use (either partially or
in its entirety), the provisions of Section 6-600 will become
applicable. These provisions are as follows:
Outdoor Stora2:e:
. Storage areas must be screened from the abutting
Boyett Street right-of-way.
. The are must be surfaced in a manner adequate
to control dust.
. All lighting must be hooded and directed away
from public rights-of-way.
Reauired Screening:
. Required screening shall consist of evergreen
plantings.
. Ultimate height of the landscape screen shall be
at least six (6) feet.
-
0" ~ c
e e
Planning & Zoning Commission
Meeting of 10/20/94
SCU94-003
Page 5 of 7
. Minimum width of planting strip shall be four (4)
feet.
. A berm may be used to obtain a maximum of two
(2) feet of the required height.
. Height of screen at time of planting shall be at
least four (4) feet (inclusive of berm height).
. Height at two (2) years from planting should be
at least six (6) feet.
. Density at two (2) years from planting should be
adequate to provide an effective visual screen.
With these requirements in mind, staff would recommend that
the following requirements be attached as conditions of the
S.C.U. Permit.
. Future development of outdoor storage areas,
within this described tract shall be permitted
under this S.C.U. Permit.
. Prior to development, plans detailing surfacing,
lighting, fencing, and landscape. screening in
compliance with the provisions of Section 6-600
shall be submitted to the City.
. Normally required construction permits shall be
obtained prior to development of outdoor storage
areas.
Additional Conditions: In reviewing this request, staff did find
"specific site constraints" warranting special conditions being
imposed. The first is the building height restriction necessary
to maintain adequate airport runway approach clearance.
The applicant has recognized the need to respect the approach
clearance and has worked with staff to ensure a site design that
complies with these restrictions. Exhibit "A" includes the
following note (above the footprint of the two story building):
e e
Pbnnine & Zoning Commi~c;ion
Meeting of 10/20 /94
SCU94-003
Page 6 of 7
"CjL [centerline] of Spencer 200'. Maximum allowable height
25 ft." This falls within acceptable height restrictions. Staff
would., however, recommend including height restrictions as a
condition to be attached to the S.C.U. Permit.
. All structures and plantings to be located on this
tract shall conform to height limitations
established for airport runway approaches.
. One other site condition exists that warrants attention. In the
process of surveying this tract, the applicant has discovered that
certain existing fencelines encroach on. public rights-of-way.
The applicant has stated his intention to remedy these
encroachments. Staff would still, :however, recommend
attaching a specifi"c permit condition addressing this issue.
. All property line encroachments shall be removed
from this facility prior to issuance of a Certificate
of Occupancy.
Condusion: In reviewing this request, staff has found:
. As presented, the request satisfies all applicable Zoning
Ordinance requirements.
. As presented, the request is compatible with the goals of
the Comprehensive Plan.
. If developed in conformance with the recommended
- conditions, the proposed facility will be compatible with
the surrounding properties. It will not be injurious to
the use, enjoyment or value of surrounding properties.
Recommendation: Based on the facts and considerations presented, staff
recommends granting Special Conditional Use Permit #SCU94-
003 subject to the following conditions:
. A formal minor development site plan, prepared
in accordance with the requirements of
Development Ordinance 1444, shall be submitted
for review and approval by City staff prior to
obtaining permits for construction of this facility.
e - ~ II
e
Planning &" Zoning Commission
Meeting of 10/20/94
SCU94-003
Page 7 of 7
. Outdoor storage areas shall be developed in
accordance with the requirements of Section 6-
600 of Ordinance 1501. Plans for development of
these areas shall be submitted to the City and
necessary permits obtained prior to development
of these storage areas.
. All structures and plantings on the property shall
conform to height limi tations necessary to
maintain adequate clear airport runway approach.
. All property line encroachments shall be removed
- from the site prior to issuance of a Certificate of
Occupancy for the project.
. This Special Conditional Use Permit does not
waive, supersede, or modify any requirement of
Zoning Ordinance 1501 except as specifically
enumerated by this permit, nor does it waive,
supersede, or moclli7 the requirements of any
other ordinance of the City of La Porte.
. Too Special Conditional Use Permit does not
waive or supersede the requirement to obtain any
- o.ther permit or license normally required for a
business facility of this type.
.
e e
,(:A/};'(::'~OTE: This exhibit has been. reduced ,
.~;-;, for inclusion in the City Council'
Agenda Packet. A larger. copy I B f :
will be available if requested~ ~'B ~
at the December 12th Public .. ~ : ~ Ii
... 0 ;l:J ::u
Hearing. : ~ ~ :
fYl M r ;0
'" >
t::l' ""I:J ~ n
;J,J ~ }Q -.of
R -i < E!
o ;:0 ,., ....
;u l"1 :<
~ g > ~
- ~ ~ r
M -. :> I
~ ~ ~ I'
; ; ~ ,
d N .... I
r 1-" ("1 .
~ - c .I!
M S c: I
;;l ~ [; I
~ ~ ~ I
C'I :::1
~ J : ! !
I" P . I
~! I
. .1o'J ,
rr '~"I~"V :'UJ. ;r ., ;
~-~-_L~:~_ ~ .L-. '~ , 1-- '_ _ __ ~ I
II! - i I ~ .
/- - I . t, ,
( I ~'I a
. ~ pi'"
, ,'t-.IC-r\ I , ~ I : ~
'r';jI" - ,i I ~
' . b i~ ' ,,- , >
:,~-,-,-\c--;-"c--;-o:c--;-o:-:{iio:T-o~,-:~'~!~_____ _ _ g. - i 11= ~I' I
I 1 ......... ... (..ie. - - - , , '"" - !!. --1 !.
I I ! ,- ~:=~: I
: - , ~. '" J'",., - :l: 1_ ~I I
I Li Ul ," i Of'L ' ~ . c::w ~. : I
, i= ,I ~l /--------, r,. [ , ,e ~. I
' !i" , ., I I (' 5' I I
I :~ It ; ~ r - i ,': , . . -(' 1'. ~ i _ ,
, ,. :' 4: -! . I ,- ---;-~ 1: 1 :; ~ I' :
,. '- L .~ r hi ' _".J 'J 1-' : , 81 _
'f ,I 1 . lLl.. . .;,. ~: I I
: -.-i---------'--=:~-----f~=-:~-'~..::.{j-h---li--- ~ ~ ~! I -.
;--- -'- _. -" -. - -.. -.. -'. ----- - ..ro, n;:.== --:-.. --' _,"". Do~~, -- .~;..;..'. -gi :
'j'
, . aOY(TT ST. ; "
wb .
, '
~i
i ;
~~ ~ ;i 9~ij99. :eg :~
IBh~~~~~~uag~ 2 ~!8ii i'~ " ..-' P..
B g~~~~il~.-Sni ~i~H li .. " ,
i .~~~~ :p e. .
~~ ' ., ~Jm8 1
g! ~u :
a ~ - II jj I
~~ ~~ ~a' ,. /i I
~ ~ ;J a
C:J.o. :J. I I
HI' I' I
~o I
o I i
~w I i
, I
I
I
I
[LANDMARK INTEREST I
. 706 SIIAnON DR PRElJMINARY SITE PLAN -. MINI SELF STOR.\GE FACILl'IT I:'\~~'" !
n.\ nOliN, T~XAS 77521 ' ,
PilON!: 713 605-1~51 11230 SPENCER HIGHlfAY SCALE: 1"=40'
.. --.. . . 'I
.~. ...
.- u ,'~ "'.,"", I ;; ~I;Q_~I ~ :
. I '-/ I
.-r... --. ..-.-. ---.. ,-------.--..-];":-;-- I, rl" I~ //.
' , " ' ... ".' ~r" i ;.. n (. .
' I !. \: l ; ~' ! ~
,.. '. .,. ,.. .-. ... I "',1"_ i ... ! '. :-- -. ,-: H'; J I ~ ' .
I ,. I '.... I . I
':.. : ,., ''';1 ,.. !'/" . '" .,.. .
_.- I, !. . :: ' 'I ' :tl ~'HI __
i , ; , " \! . .... . II II .
" .~ ." p. ,., n, R 2 . ". ' '" '" I, , I! . ~o i i';' ,,'
-. I ! ~\, . e~ -OJ 1 ,... ... -.. i ".)" ; .... t., ~"" . . r I'i
! . ;,... ,.. : ... .' i.' i ..: .. . BI I T/ 1
..-'.-r .. ..'- -----,.. ---- --- -,- .- 1 ~,
-, ~~'4?'-; (~!..,,-;,=-, If., I "/ ' . ., , ': :..:: . : . ; , I, , . . 1
..~: :i :! I:; i! I I I I 1,;-. I ; I _ _ :-----.,;---=--100. .
\' ~! ~ ~ :~: ~ L=:_ I .----. . _ 1.-; --"1- .-;----T=;=-: .:t'; ---:-~---.T-- I ~,
' ., '" " . ,,"'_... (,. ! / ' ; " ;' I ". .,... I '. -,............ I.... ." m' ~~, LJ t ./'
' : ------~-:I '"-, ,,". ' / ~" ~ -C,,- --+,j_~,....: *_ ",1 , .~_ ,--; ,
-------.; .. , .'" , " " -, " ',."C1J ~ r"" I
. r ", ./ /. '" I" ",;;!" f " I ..!~., "/" ",. I.x ... 11111
!, :-- -- --j ~". > . > ,; i;~/ . .,.. :-; ". ~.,~ -'" ",' : :; , .. ,...L -..; 'f
' """... ... . '.. ~ ,: -<' c'. 0 .. . 'I I I '. 'I I~I ~ \ I
· PU- '0."'.' .' I u.. I 0;. I. "I - " .. ."')~'. .". If".", Ii!l
' ..; " ~ till : C ; P · L I j: IR 1 I ! .. . . \ . i' .. = I. ' ..
".u.t_ "'h 01". ;. . '. :, .. I ~f'O"T r-.' '" ---4---:--~-___'~.-f. - -;-- __. ._~ _ ---;--'~'1 ._ ~ ... _l
. < ,.~':" ".' I ' I , I; : : \;;:: I "~ :"~ .
-- ~.~ -, ,,/ ' . ; II. I ,.. I .. ! .. 1 .. ! .. '" ..,., .." '" ,'" i '" '" ,"'I!, , ' : _ '" I ~
"; =::::::': /"'1i2'.., :i, r- +-:l-~~~r ;- -..~1 a/,l:!:-!'" ~1..jn\L1-17J::-=:....
'Ie i; , "i'i',",,,,,, .." 'H,LE.GEND
-,;f;, --R .' .. '- , ,.~ -:':;:'.':"' _' 'F"'f' '-,~;
...(<,:';.... ~:.- - ~.. 1'..-..... -"'~~-..._--- ", i' .. .. I "'f'" ;.. ; i MH MANUFACTURED HOUSING'
\\'~ ~ :;0'::'- -,....,,' ~~ i "n. '. ',': ..J
:\,; ~--------+i . ..~:..::::; :::::-- ' ::r~ - ,_ i" " R-I LOW DENSITY RESIDENTIAL
.. .'. \~ />:...~ ..~., 2~"F=IP^,;
-\ IV; \.1'-'hi ";;,;;,-: Ii---... ~~,;.. ",~~~"C-F-----'''''' ", R-2 M8>IUM DENSITY RESIDENTIAL
ID\ 'r;,. \\.~~....,... '---if 'w. :,/ i,--=::;.... . .~/ .
'-. ). .' ~ ". i __I!/- ( , "
' \ }" (:~'-----!I-~;r it.....~::..,:R/:.. -.' . "" ---i;.f---." R- 3 HIGH DENSITY RESIDENTIAL '
""~''"\ \\~"-. ", '~.I/L.,,,,,... 1/ R-3-L----- puorr. ! NC NEIGHBORHOOD COMMERCIAL
\ \ ./ "-"c. ... . t . i ~.
. .1 . ." ! : ./. ""L""~",. I. 'Z'.
lJ'~rt~""""",l:::::~ ;;!,L /7 ..,.. ,- " GC GENERAL COMMERCIAL
.' ,III ~~"';;;;::"'r'- ,I -.... -' 1.
.-; ~I'{ {r--_I- ....~"~:::::~./'":~:~'='i~-'==;.,"___?::.__. ~. --. ; . BI BUSINESS INDUSTRIAL PARK
,.. ~I ~ . 1 '~I "'""',. ..,.:, -. : '. I
-- j ~ . ......~i~. -........ /.~. '.~,...,. I
...-.-:.:::..../! I ....",""'" --'! / ,f J j 1'( I ~', " LI LIGHT INDUSTRIAL-
. I;. f .............------.;.1f I ,~! ~ " .., i:. "0' GC ! :
.-'~ ~: lj' ff'1: fi 11 i! fl-.}; ~i ~.
j "i,GC Lq,J "U; ;if i 'I j, r.' . ':j--- -C,,--' " , . HI HEAVY INDUSTRIAL
~''''''"-::d'''''3-~~..:::c.." -....: -. ~~ .:J.~'. ;,~..L~:'~~~~ ,
-"c:::-iiI~~~" ,= - ~-.,- ~~- ~ ''''"-~_"",",~_., PUD PLANNED UNIT DEVELOPMENT
.....\1,', .' ' ~___...___.___~__..,.. _ .
IV'_ , .. '!'. . ,_, . 'e094-OO3 r
.or,.!; " - ", r.- -t. I, EXHIBIT .. B" ;
'" , ,., .. -.., -r "
~rJ \ . IlI\YPORT INiJUSTRIAL DISTRICT AS OESI....to BY Ir". . <1; : 1- ' ~
~''i .' ""DINAN,, B42 - A , PASSED ON THE IIlh oo.y Of NOVEMBER, 1991, ...,c", fli .' ,j.!1 !r", : ,
~\~\;... ~.r
~~I~'" ~.l~""" . ~ ,~...l..o.....J.'L."'n""'n~'" 'L"__. 1"OU...........I~....' ~ll'U .... .'.'
.. (9
~ 'J
-'"' '.
"~;-'
"\'':
;!.l~; ~
L<~;j\"
;...:''!;
i ,\., f;;). i.._" _ -
:J...,J.' f
- - .
. '~r
d..... . .; .
. ..,'~ ,"
',1. oj v~.
, i'l
I
Jl'~"~'~~~~~-Y.~'$oC"1
Wo' ~" -'- .' _ .. , "~-'~
'f , ~ . ~ · e-.}' \ dlt-i\.
. . l.. \ ,'! #.J~r.:~
. .' ~x..&"r~~ ",i#}i.
SELF~ 5ER~~Q~
~~~~:': rFf~_~~;:JXr~Z::ilf;...=
A Di\.ision Oi Ame~ic,;?l St~,,: ::uiidi"p
.' ,.._'.,..-::0-......... __ "_~.~ ;"0.."_ ...,J:~~~i;..~-!;!;:i:'~.'it.??~'--:::.:,~~~~n=;~'\:;'.;':~"'.',,~.,~;;,-::-~-"7~:"t;'~~.~l'7':'r~;'~T.;r:;-~.y;::'r~?:~~~~";?:t~~..Z::~~::i~!-~:-:-~:1....-;"'~t?~:"?'r':i;:v~~~:~7;-,...:,,';.....<..\-'.;-.,-...~::.~~..,is. . ;-.' .~-- .':::'.::::_T"~';.!,:".;:_~ir?'''':::~:;~'?:7-':':>':-r
~:.~ ....~: \~~ "j Z:}tr~~ '-'
.--, " JI,_~"-J a ~
'--
!e e
CITY OF LA PORTE
Permit No. SCU94-003
SPECIAL CONDITIONAL USE PERMIT CLP Job No. N/A
ORDINANCE 1501
Johnny Steeland, Owner
This permit is issued to: C/O David Boothe. A2:ent
Owner or Agent
706 Sharon Drive. Bavtown. TX 77521
Address
Landmark Interests
For Development of: Miniwarehousin2:/Boat and RV Stora2:e (SIC 4225)
Development Name
11230 West Main Street. La Porte. TX
Address
Legal Description: 4.3668 acres out of Outlots 71 and 90: Richard Pearsall
Survev
Zoning: General Commercial
Permit Conditions
Failure to begin construction within one (1) year after issuance or as scheduled under the
terms of a special conditional use permit shall void the permit as approved, except upon an
extension of time granted after application to the Planning and Zoning Commission.
(Ordinance 1501, Section 10-201.4)
If construction is terminated after the completion of any stage and there is evidence that
further development is not contemplated the ordinance establishing such special conditional
use permit may be rescinded by the City. Council, upon it's own motion or upon the
recommendation of the Planning and Zoning Commission of the City of La Porte, and the
previous zoning of the entire tract shall be in full effect on the portion which is
undeveloped.
Additional Conditions - S"ee Exhibit A
Val~te: 12/1/il ~ L
/}@a7 ~q'd~ -
- Director of Planning
City Secretary
:,e e
SCU94-OO3 - Special Terms and Conditions
1. A formal minor development site plan, prepared in accordance with the requirements
of Development Ordinance 1444, shall be submitted for review and approval by City
staff prior to obtaining permits for construction of this facility.
2. Outdoor storage areas shall be developed in accordance with the requirements of
Section 6-600 of Ordinance 1501. Plans for development of these areas shall be
submitted to the City and necessary permits obtained prior to development of these
storage areas.
3. All structures and plantings on the property shall conform to height limitations
necessary to maintain adequate clear airport runway approach.
4. All property line encroachments shall be removed from the site prior to issuance of
a Certificate of Occupancy for the project.
5. This Special Conditional Use Permit does not waive, supersede, or modify any
requirement of Zoning Ordinance 1501 except as specifically enumerated by this
permit, nor does it waive, supersede, or modify the requirements of any other
ordinance of the City of La Porte.
6. This Special Conditional Use Permit does not waive or supersede the requirement
to obtain any other permit or license normally required for a business facility of this
type.
-
-
-
Exhibit A
. '. '. .. ... .... ............. ..... .' . ..... .
....... . ........ .
e .. -
A MEETING OF T~ LA POR.
City Council RE~~r
(Type of Meeting) _ \\ \~tJ q _ (
HAS BEEN SCHEDULED FOR PtANN\NG
'!-
December U. 1994
(Meeting Date)
Suecial Conditional Use Permit Reouest #SCU94-003
(Type of Request)
I HAVE RECEIVED NOTICE OF TIIE ABOVE REFERENCED PUBLIC HEARING AND
. L/ IN FAVOR OF OR I AM
I Al\1 IN OPPOSITION OF GRAJ.~lli~G
THIS REQUEST FOR TIlE FOLLOWING REASONS:
( ...-'-
-
..~ ..;
~.~ ''fJO h 11 jA L/ J ;-e e.- L CL IV e/
/ ~GNATURE NAME}PLEAsE PRINT)
J;Z- 0 / )A. e ct LJ rJ &t/ Ch 5 ;-
HOME ADDRESS (
La PC1 r- T ~ /'e)c
/
e .-
A MEETING OF T~ LA PORI
- City Council (
(Type of Meeting)
~iti%/~r
HAS BEEN SCHEDULED FOR
13D
.~ ...
Deeember 12. 1994 PLANNING
(Meeting Date)
SoeciaI Conditional Use Pennit ReQuest #SCU94-003
(Type of Request)
I HAVE RECEIVED NOTICE OF. THE ABOVE REFERENCED PUBLIC HEARING AND
I Ai\1 r/ IN FAVOR OF OR I AM IN OPPOSITION OF GRAAlmG
TIllS REQUEST FOR THE FOLLOWING REASONS:
(
.;C-
--
J2f;;I / (/d U/ et- ,
p;-()VUC r 5 II/I
{/ /' SIGNATURE ./ I NA1\1E (PLEASE PRINT)
'J J:- 0& 13 (J y c-. //~ Jj.
/ HO~ ADDRESS
L &PI);- Ie. '~ ey l"
I /
'.~'._' ... -~.._....-- . ---------..-.--
.- L . . ~ -- ---.__.-.." - . .. - --...__.~- .. . .._.d'
e -
A l\1EETlNG OF T~ LA PORI
City Council (
(Type of Meeting) l(E~ElrE~
HAS BEEN SCHEDULED FOR I)' 0' q .
- I
'!- PLANNING
December 12. 1994
(Meeting Date)
Soecial Conditional Use Permit Reauest #SCU94-003
(Type of Request)
I HAVE RECEIVED NOTICE OF THE ABOVE REFERENCED PUBLIC HEARING Ai'ID
I A1y[ ~ IN FAV~R OF OR I AM IN OPPOSITION OF GRAl'furlG
THIS REQUEST FOR T.t1E FOLLOWING REASONS:
.I !./~~ /7#V/~4 S'r~"'t JJe... e G r Ii..,' $ 7'-f!,,;;r (
Iv'e t. r 7;, 14~ t IZC ,,~rtr 'f. A AI' IJ /r,IS A.t5~I;.) tdArl/
, . /
;-1' SYITLr (:JtJ!"ile2&A/A/4'. r#.#r.A/UR ~J,b~Nc;e-i2.,
-~ :~.:.:;;.
3~/~./ 1./ ~tf J c. D~.dd
/ SIGNATURE 'NAME (PLEASE PRINT)
~SI.U'#.~~ ,1hz--
HOME ADDRESS /
{A .~b~ r;., 7"1~ f/ (-
..... _. '._ .__.. nn __0'_ H"" __..._ .-.... - .--......-- ... . .+- - -.' . -....... .
. n.. .
-
...-..... " . .'. . ... .
! MEETING OF TJ:il'; LA PORI
City Council REfEf1D (
(Type of Meeting) . )JS q
l I.
HAS BEEN SCHEDULED FOR PLANNING
1~'"
December 12. 1994
(Meeting Date)
.
Soecial Conditional Use Pennit Reauest #SCU94-004
(Type of Request)
I HAVE RECEIVED NOTICE OF TIIE ABOVE REFERENCED PUBLIC HEARlNG AND
I AM IX) IN FAVOR OF OR I ~ IN oPPOSmON OF G~l.lNG
It./
THIS REQUEST FOR THE FOLLOWING REASONS:
(
-
.~ .~
E- d- Ill,J;: i E, .-. l(ff<;/cV
i-,
SIGNATuRE NAME (pLEASE PRINT)
IO/:J-~ &Lr~/- ~IhPIV'1e -;r
/
HOME ADDRESS . ; 1/71t13~
f7/- .:S I q7 &tJ
-
un. .. .__ . . ~- . .. . .~_ - - '_n .
. e
.EQUEST FOR CITY COUNCIL AGENDA ~ .C'~ .........:._" + ~ _ ~-; . .... '<
'.-', ...~.....-...~.-:.., ~....:..l....'_..~.:.
Agenda Date Requested: December 12. 1994
Requested By: Charles Harrinoton O.R# Department: Plannino
X Report Resolution Ordinance
Exhibits:
1. Transmittal Letter from Planning and Zoning Commission
2. Staff Report
3. Special Conditional Use Permit #SCU94-004
4. Public Notice Replies
....,..... ..,..... "..,.. '..... .... ... . , ..........." ..... '.
SUMMARY & RECOMMENDATION,
Summarv
The Planning & Zoning Commission, at its November 17,1994, meeting, considered and
recommended approval of Special Conditional Use (SCU) Permit Request SCU94-004.
The permit has been requested for the freezer warehouse complex located at 502 North
Broadway. If approved, this permit will serve as an amendment to the SCU Permit that
currently governs facility operation. SCU94-Q04 is requested for the purpose of allowing
a portion of the facility to be operated as a separate business. The Commission's
November 17, Public Hearing constituted the first phase and the SCU review and approval
process. The final phase will be carried out in Council's December 12, Public Hearing.
After closing the hearing, Council will consider approval of SCU94,004.
t In preparation for this City Council Public Hearing, staff has satisfied all public notice
.'
requirements, including a mailout to the owners of all properties located within 200 feet
of the tract in question. A total of 47 notices were mailed. As of December, 6, the date
on which this agenda request Is being prepared, 3 replies have been received, all
recommending approval. If additional replies are received, they will be provided to
Council at the December 12, Public Hearing.
Recommendation
The Planning & Zoning Commission, by unanimous vote, has recommended approval of
SCU94-004, subject to specified conditions. Staff concurs with this recommendation.
Action Required by Council:
1. Conduct Public Hearing
2. Consider Approval of SCU94-Q04
Aviiihi'6l1itY'OfFund's:"'N/A""""".'"'' .",. ." . '''' .~"'" 1111 ," ,.,."..,..,'..""."....0",........,..."...".,......,.1
- General Fund - Water/Wastewater
- Capital Improvement - General Revenue Sharing
- Other
Account Number: N/A Funds Available: YES NO
-''''''"" ,,'" ",." .'.' "....""" ",' " " ,'. - "..,." "",.",_. ,,,"
Aooroved for Cltv Council Aaenda
~~T ~ l-z.-i-q<i
RODer! T. Herrera DATE
City Manager
t~
e
City of La Porte
Establishecl1892
November 22, 1994
Mayor Norman Malone and City Council
City of La Porte .
,
Re: Special Conditional Use Permit #SCU94-004
Dear Mayor Malone:
The La Porte Planning and Zoning Commission, at its November 17, 1994, public hearing
and regular meeting, considered Special Conditional Use Permit Request #SCU94-004.
This permit has been requested for the warehouse facility located-at 502 North Broadway.
This facility is currently operating under a Special Conditional Use Permit, #SCU90-002.
The applicants are seeking to amend this permit for the purpose of allowing a portion of
the site to be operated under separate lease. The area in question is a trailer staging yard
located on the eastern side of the tract. The November 17, 1994, staff report detailing this
request is attached and follows this letter.
The Planning and Zoning Commission, by unanimous vote, has recommended granting
approval of Special Conditional Use Permit #SCU94-004. This approval is subject to the
conditions noted in the attached November 17, 1994, staff report.
Respectfully submitted,
(!ff~.dJ~
Betty . Waters,
Chairman, Planning and Zoning Commission.
xc: Robert T. Herrera, City Manager
\
John Joerns, Assistant City Manager
John Armstrong, Assistant City Attorney
La Porte Planning and Zoning Commission
P.O. Box 1115 · La Porte, Texas 77572-1115 · (713)471-5020
I. UI
. CITY OF LA PORTE ..
APPLICATION FOR
SPECIAL CONDITIONAL USE PERMIT
---------------------------------------A~;li~;ti~~-N~~~--?LU=q<r,;~-
OFFICE USE ONLY: Fee: $100.00 Date Received: ~/l~q
Receipt No.: '
C~1fied Plans Submitted: .
( ) General Plan () Major Development Site Plan
( ) Minor Development Site Plan ( ) Preliminary Plat
----------------------------------------------------------------------
Person Making Request: GarvA Mi'lhrriy
Mailing Address: 4910'One Shell Pla7a
City/State: Houston, Texas .77002 Phone: (713) 2?2-?111
BUSINESS NAME: Colliers Aooelt.Wamark
,
PROPERTY ADDRESS: 502 North Broadway
LEGAL DESCRIPTION: See Jl.ttached
20 NE : p.i fP'cJ,D./ [l-L SIC USE CATEGORY: ~ /.-)..~
/ . I
TYPE OF BUSINESS:
,0 hd ~ 4
Date
_______________________H______________________________________________
OFFICE USE ONLY
Date of P & Z Public Hearing: II ) I 7/11 Recommendation:_ Y or N
Date of City Council Meeting: ~ Approved: Y or N
''L/'511t.{
Zone:
This application is: Approved ( ) Denied ( )
Per m i t. (j ,
eLP JOB , (If Assigned Yet)
Conditions:
Date Zoning Administrator
CED/1-'87
OCT 11 '94 11: 34AM AGRICULTURAL II'lVE:3T P.2./2
John Hancock MutlJal Life Insua- Company e
Bond & Corporate Finance Department
Agribusiness Investment Group
200 Clarendon Street ~
57th Floor
Post Office Box 111
Boston. Massachusetts OZU7
(617) 572-5332
(617) 572-1165 Fax
D<lvid E. Johnson
Agribusiness Investment Officer
October 11, 1994
Mr. Mark Lewis
Chief Building Official
P.O. Box 1115
LaPorte, TX 77572-111'5
RE: Amendment to the Special Conditional Use Permit for the Former leN Facility at
502 North Broadway, LaPorte, TX
Dear Mr. Lewis:
This letter shall serve as authorization for Colliers Appelt Womack to act as agent on
our behalf in connection with the above-referenced subject. John Hancock Mutual Life
Insurance Company is owner of the facility located at 502 North Broadway in LaPorte,
and Colliers Appelt Womack represents us in the marketing or this property for sale and
lease.
Please let us know if you have any questions.
Sincerely,
~J~2~M{~
David E. Joh on
CC: G. Mabray, Colliers Appelt Womack
R. Stevens
. e
4910 ONE SHELL PLAZA
HOUSTON,TEXAS77002
TEL 713-222-2111
FAX 713-222.1118
October 10, 1994
Mr. Mark Lewis
Chief Building Official
P.O. Box 1115
LaPorte, Texas 77572-1115
Re: Amendment to the Special Conditional Use Permit for the
Former ICN Facility at 502 North Broadway
Dear Mr. Lewis:
The former ICN facility on North Broadway was foreclosed on by the real estate
mortgage holders and is now owned by those lenders, John Hancock Insurance Company
and Rabobank Nederland. Our firm represents the owners in the marketing of this
property for sale and lease. The refrigerated/freezer warehouse portion of the facility has
been leased to Associated Freezers Inc. Associated's lease did not include the area
designated on the attached exhibit as the Truck Yard and Container Staging Area. As we
discussed, ICN's plan envisioned a fully integrated business that included a trucking
operation. It was that trucking operation that necessitated the need for a separate truck
yard. However, that plan is contrary to the industry norm. Virtually all warehouse
operators depend on unrelated carriers and do not attempt to maintain a fleet of their
own. Therefore, our request for the Amendment to the Special Conditional Use Permit is
to allow a lease of the area designated for truck operations to an outside operator. The
proposed lessee already operates a facility approximately 500 yards from this location
and, therefore, we would not expect any type of changes in the traffic patterns in the
area. Additionally, should Associated or any other user of the warehouse facility find the
need for additional truck area, there are several acres of land contiguous with the existing
building designated as expansion area that could be utilized for that type of operation.
Should you have any additional questions, please give us a call.
Yours "truly,
1?~~- ~
Robe~arsley -
----
INDMOUAL MEMBERSHIPS
SOCIETY OF
1NDU$llUAl AND OFFICE REAlTORS
- APPELT, WOMACK, RICKS, HERDER & PARSLEY, INe. m
sa;; INDUSTRIAL & COM_MERCIAL PROPERTIES . OFFICE LEASE . LA1"<D DEVELOPMENT . L"iVESTMENI COUNSELL'iG
OwnerlMember COLLIERS International Property Consultants REALtOR
e e
1(~itc4ifill\llt.
Reauested For: 502 North Broadway, which is further described by the legal
descriptions attached to and following this report. (See Exhibit
A)
Reauested Bv: Mr. Gary A Mabray, on behalf of John Hancock Mutual life
Insurance Company, property owner.
Zoning: Business Industrial; R-2, Mid Density Residential; PUD with an
underlying Commercial Industrial land use base. (See Exhibit
B)
,Puroose of Reauest: The facility located at 502 North Broadway is a freezer
warehouse complex. The facility, which was developed as a
Planned Unit Development, is operating under the provisions
of Special Conditional Use Permit #SCU90-002 (see Exhibit
C). The applicants are seeking to amend this permit.
Backlrround: The facility in question consists of three basic components, a
warehouse and office building, a trailer staging yard, and a
stormwater detention facility.
As noted in the caption section of this report, the site extends
into three different zoning districts. Exhibit B illustrates the
zoning boundaries. Exhibit D illustrates the facility's layout.
The warehouse, loading docks and parking are located in the
PUD and Business Industrial (BI) portions of the tract. The
staging yard and Barbour's Cut access are located exclusively in
BI zoning.
The residentially zoned portion of the property is used as a
stormwater ,detention facility. Originally, the area was also to
include an employee's park. As of this date, it has not been
- -~--- developed. Use of this section of property for detention and
open space is compatible with the Comprehensive Plan's intent
for residential land use. It was also felt by the City that
maintaining residential zoning would maintain a buffer between
the warehouse and residential properties located further to the
east. The warehouse could not be expanded to the east without
first obtaining a rezoning of additional property. For these
e e
Planning & Zoning Commission
Meeting of 11/17/94
SCU94-004
Page 2 of 6
reasons, the residential designation was retained for this area.
- It should be noted that maintenance of the detention facility
will remaIn the responsibility of the property owners.
Otherwise, stormwater detention will not enter as a factor in
this request.
At the time of construction the facility was owned and operated
by International Cargo Network (TCN). ICN was both a
warehousing and trucking company. The complex was intended
to function as a single integrated business operation. ICN no
longer owns or operates the complex. It is presently leased to
a company that only operates the warehouse. The staging yard
has remained idle and unused.
The current owners propose to lease the staging area to a
. shipping firm. This firm will continue to use the lot as a trailer
chassis staging yard. It will operate as a separate business and
will not be in any way connected with the operation of the
freezer warehouse (see Exhibit D).
As noted in the caption section of this report, the complex was
developed and permitted as a Planned Unit Development.
(PUD). It is operated under the terms of a Special Conditional
Use (SCU) Permit that was granted prior to construction.
In order to amend the original SCU permit, it is necessary for
the applicants to come before the Planning and Zoning
Commission and City Council and petition for a new SeD
permit.
Analvsis: Old Permit The analysis section of this report 'Will begin with an
- overview of the original SCU permitting process. Staff
_.......- has maintained a detailed file relating to the original
development and permitting process. This file is
available for review and will also be available at the
Commission's November 17, meeting. Following the
outline overview, points relevant to the current request
will be discussed.
1. Applicants submitted a preliminary plan and
e e
Planning & Zoning Commission
Meeting of 11/17/94
SCU94-004
Page 3 of 6
.~ petitioned for rezoning of certain properties from
Residential to Industrial designation.
II. Rezoning was granted reclassifying property from
- -- Residential to Planned Unit Development.
m. Land use component of the Comprehensive Plan
was amended. A land use designation of
Commercial/Industrial was assigned to the
rezoned area.
IV. Applicant's applied for a Special Conditional Use
Permit for development of a PUD complex. In
conjunction with the application, the following
items were submitted.
A General Plan
B. Construction schedule
C. Documentation regarding property
controls.
Staff has reviewed the applicant's request for permit
amendment and found it to be compatible with the intent and
goals of the original SCU permitting process.
New Permit Staff has noted certain areas that either impact on the original
SCD Permit or must be considered in their own right. They are
as follows:
. Interior circulation will be somewhat impacted
but not to a degree to warrant concern. The
~ - -- ,- Barbour's Cut entrance will be under control of
the new tenant and may not be available to
traffic to and from the warehouse. The
Broadway access is designed to accommodate
warehouse traffic and should be adequate to
meet the needs of warehouse traffic. Traffic
impact on North Broadway should be negligible.
The warehouse loading docks can accommodate
25 trailers simultaneously. The paved area
e e
Planning & Zoning Commission
Meeting of 11/17/94
SCU94-004
Page 40f 6
adjacent to the docks are large enough to serve
- ~ as a waiting area for additional trucks should the
~~
need arise.
. Exhibit E indicates the location proposed for a
new 12' x 24' building. This building will serve as
the shipping company's on site office. The
location complies with applicable setback
requirements. Existing fire hydrants will provide
adequate fire protection.
Potable water and sanitary sewer are not readily
available to this portion of the property. There
are, however, City mains available in close
enough proximity to be readily extended. The
prospective tenant has been in communication
with City staff. They understand and are willing
to extend water and sewer mains in accordance
~ with City regulations.
- -
. The original SCU Permit called for a landscape
buffer to be created and maintained along the
east and south fences of the staging yard (see
Exhibit E). Since being developed, the original
plantings have been allowed to die. The buffer
area now consists of weeds and scrub trees. This
buffer should be mowed and replanted with a mix
of evergreen and deciduous trees.
Mowing and clean up should take place prior to
occupancy. After clean up, SUTVlVlDg (and
volunteer) trees should be inventoried. A
~- planting plan should then be developed and
-. - - submitted for review by the Director of Planning.
~
Staff would ask that this be completed by January
1, 1995. Planting should then be completed by
March 1, 1995.
. At the time of original project development, a
great emphasis was placed on landscaping and
attractiveness of the site. With this in mind, staff
would recommend that landscaping be placed
e e
Planning & Zoning Commission
Meeting of 11/17/94
SCU94-004
Page 5 of 6
along the west face of the building to be located
in the staging area. Plan submittal and planting
- - - - should take place in accordance.
Conclusion: In summary, staff finds the following:
. The trailer staging area is not needed for operation of
the freezer warehouse.
. The operation of the yard by a separate company
maintains the property use envisioned by the original
SCU Permit.
- . Operating the yard as a separate lease would not
seriously disrupt interior traffic circulation, nor would it
seriously impact traffic on surrounding streets.
. Existing fire protection is adequate. Sanitary sewer and
potable water is available in close enough proximity to
be readily extended to serve the proposed office
building.
. The 12' x 24' office building can be located in a manner
that satisfies zoning setback requirements.
. Subject to replanting the landscape buffer and
development of additional landscaping in the manner
specified, the proposed business can operate in a manner
that is compatible with the intent of the original SCU
Permit.
. It must be clearly understood that the property owner
maintains full responsibility for maintenance of the
-~ -- - - ~- . - - - storrnwater detention facility.
Based on the facts and considerations noted above, staff
recommends granting SCU94-004 as an amendment to Special
Conditional Use Permit #SCU90-002 with the following
Amendment Conditions:
1. The original landscape buffer being replanted.
e e
Planning & Zoning Commission
Meeting of 11/17/94
SCU94-004
Page 6 of 6
2. Tbe development of a new landscape buffer
along the west face of the proposed building to
------... be located in the staging area. Planting shall be
, approved by the Director of Planning prior to
occupancy.
3. The stormwater detention facility is made a part
of this P.U.D, and the property owner shall be
responsible for all maintenance of the facility.
Staff would also ask that the Commission's recommendation
clearly state that except as specifically amended, SCU90-002
remains in effect.
- -
- --.
-. ---- - -
,,- ----------
--
e e
SPECIAL CONDITIONAL USE PERMIT SCU90-002
LEGAL DESCRIPTION:
INTERNATIONAL CARGO NETWORK
0;'--" __
- -
LOT AND BLOCK DESCRIPTION
Lots 1-32 and alleys of Blocks 416, 417, 418, 419, 432,
433, 434, 435;
All of Block 980;
Lots 1-16 of Blocks 415, 420, 438, Town of La Porte;
Tyler street from the east right-of-way of North
Broadway to the west line of the alley in Blocks 415
-- a-nd- A 2 0 ;
Madison Street from the east right-of-way of North
Broadway to the west line of the alley in Blocks 420
and 433;
Iowa Street from the north right-of-way of Adams street
to the south right-of-way of North "E" street;
Kansas street from the north right-of-yay of Adams
street to the south right-of-way of North "L" street;
Utah street from the north right-of-way of Madison
street to the south right-of-yay of North "E" street;
-
EXHIBIT A
EXHISrr A.
~,
-~.
.- - --..- -
u.:'~_w___. . _~."::--:~~_..~ .~:-.~~. ~.' ~ .,....:..~ . .., ., ---.;;. - . --
. .. -'-
.._ :".~:::_:-':'...'- '_- .=-_7'"....::. -. -; -:-:. _".
"-
. .
'. ,_..' ,-:
". . - '.
. -. . .,""
1. . ". :. . '\ " ,';:!' - .
- :~
- '. '
H I... .m__.---", ~
'~"__'----"" . .
- .'---. '
- '. ./ .'. -~.::-::.:;.::~~;'" '
_...._ __ u:... ,""_~..::"_I ~. -'- -----. .I' ,
- ... "
...-.-..--. -'.-:--.:':'=-.::'':'''_. -.----- ,~ "
.'
. -
. .
_. .
r" -.
.1, ., I" I.n ,..." -.'-
" ,,'
. LI .._ .'-.. ---"---'=~='.:....
~~-- '--."T'-G' c......... .-....m'r'--.' ;--=.,~ :-" ,,"-= 1 \... " -.:., ......~..-
) .' ;/ .. . .
'.{ . ..... ~.: .,_ ....~. . I, " ..I.. "._ -
J 1 ,. 2:~ ..~ ~ ~ . ~.."f.-'..
't. 'R~2 ,. - ~j :;1 I .
. ~ ~ -. . -, ~ "
. ~ ;.. S ':OJ .'!~ j
" :1 1 :- .....,\. '!':~ -- .
" ' .' ~1a.I
...... " ,. ..~ - ....-. .'
1. ~ f ; , "-
~ t I,-,~~~J ::-.:: " , \,...>,::,"
1" <t. )
~ ; .,R-I. :
" ... . .
)~, L'~M.~;<~.+- 4 ~ ..
} ~ ~ ~ ~~ . ~
S (. (. i''''';-V
.,' j f~~~',,-
~ ~ . . ,--~::~:~ \~ '~"
~ .
J .:
~ '
'i'<~1~~, ! !, J \/\c>:\,,~~~<--:':'~,~~~< \,,',",. "'\
, ,.,. .~.- .. - '~:i:,. ..~ /.\' R" 1 ~.- ;:,:.., - .' .. .
_ ~.. '.'~. . _...r '> - I" '.... ".
: ~'-:" ..,/0. ":, . " .... :- ... ~
. '. . 1 . .. .. ~
_,:,~__,..,..LL....l_ --, " " " '\/~ \~/ ",.:1
. \ R-I ; ..t.. -- . .._~--' j _.; \. ~
! . ':' '" 1 .--:..-. , "
:', ~ . '11'; "-
~ . . -" ."
~r .~-,;,:.J~~l= -_: "~. ~<;//\. ,",'
. I '" .R-2
, '. ~. II :
; ~'. ! :! t IT B
\ .' .. '=' I' ., 1
__~.J_.,"'.. u.;_ .._.~! EXHIB .,,~
. . . . i r~':- i. '- ~~; ~~: ~_,~.
.. ... I~., - .::. . ~ - -- . - -- -. --
e e
CITY OF LA PORTE
SPECIAL CONDITIONAL USE PERMIT
- - -
Ordinance ft1501
ermit No. SCU90-002 CLP Job No. N/A
-
his permit issued to: Don R. Hollo'Wav
O...ner or Agent
600 Jefferson st. Suite 555
Houston. Texas 77002
Address
'or Development of: International Caroo Net'Work Inc.
~-- Development Name
- -
502 North Broad'Wav
Address
Leoal Description is attached as
-" Exhibit A
Legal Description
~oning: PUD: BI; R-2
PERMIT CONDITIONS
:<'ailure to begin construction ...ithin one ( 1 ) year after issuance
Jr as scheduled under the terms of a special conditional use
;>ermi t shall void the permit as approved, except upon an
~xtension of time granted after .application to the Planning and
Zoning Commission.
If' construction is terminated after the completion of any stage
and there is ample evidence that further development is not
::ontemplated the ordinance establishing such special conditional
llse permit may .be rescinded by the City Council, upon its o...n
motion or upon the recommendation of the Planning and Zoning
Commission of the City of La Porte, and the previous zoning of
the entire tract shall be in full effect on the portion ...hich is
y.nd,~,--'l..e J..Qped . --- - ----
Additional Conditions
(See Exhibit B)
Validation Date:
Zoning Administrator City Secretary
r'f H' Fi f1? C
c:...... i O'ir ~j
.
e e
SPECIAL CONDITIONAL USE PERMIT SCU90-002
INTERNATIONAL CARGO NETWORK
PERMIT CONDITIONS
.~ - - - Th~ 13arbours Cut drive~ay entrance ~idth shall be a
-- minimum of thirty (30 ) feet.
I. A utility easement, t~enty (20 ) feet in width shall be
dedicated to the City. The easement shall be located
on th~, eastern edge of the North Broadway right-of-way
and run from the property corner located at the
intersection of North Broadway and the northern
boundary of the East Adams Street right-of-way, north
_(or a d i stance of 1,340 feet to the property corner
located at North Broadway and the southern boundary of
the North "E" Street right-of-way.
An agreement dedicating this easement to the City of La
Porte shall be executed prior to the issuance of any
construction permits for this project.
[I I . A landscaped setback area, at least thirty (30 ) feet in
depth shall be developed along the southern and eastern
faces of the container staging area. A landscape
planting plan for this area . shall be submitted for
review by the Director of Community Development. No
construction permits for the project shall be issued
until such time as the Director has deemed the plan to
be satisfactory and granted his approval.
-'- _. ~ -
---- ~
~ --
EXt-HSrr C
e e
BARBOURS CUT DRIVE
" ,\125~Fi~
, ;'l~~~
.;. }7l~~~~~~.;i
}'""'-:V'~"'!.I:rf'
c.., 1. .~,:-.',.:"~,iV:','li'~~,
g I' : ~~f1;,.t"~,::'~
- .. "9...;.",..
~ j -'::;""l."-s,;..~ t,
-~ - - ~ - ---~ ~ I;,;' .1I'~~,~;:'~
" I'
NORTH ~ ~:" 8'
6. {;> Il .t;.. -;....
!;; I:; .i1~,,'\;t&t.
.: ~~W:dl~
I; 1I'-,:S:'!l:~~,
\.1 ~~.. I
~ ". .
.. .;.;>; .
.' .'t~~._.
; V'~".;f.'~
~~
672 Ft. sbt~.;
__ .,;.,..".~>:.t",
U CONCRETE ; :t>
Q n PARKIN~.n (LEASED AREA) ~
. n
(/)0 ~
r) ~ :z; -!
_~ CONCRETE f;;;;: ~ 8 0 ,..
r) PAVEMENT - Z " :<: ' ~.
~ Z rn t>J r) OJ ;.8:
~ 0 ~ :>: rn ...1
~ ~~
Z
o ~
q ~
.,... :<:
- C)
c;:l
;::c
o - ""', ~~ . .- '-jic,--- ~
>- . .. ~,~~-:.,,)!.,~....-g47;:r.t',L""JI.,:~~<t;?-"fr"::"'.\I'~~:'-"~"
.. .._.....,.....l~-..'":'I.:r.r.:1~'.. ... . .;\::'t~_ ___')..~"'U':I~.J;(~._.\;.~r..~ I
~ .,i:. .""............lli,~ IU.....'d. loLl I ", i.. "",'J.~I" ..I.. ,...olol. "".
~
----- .-
l.":."""'-" . tl'.J .~ n
i~i\,H 1I~11 .1J
- - - . .' . v ~ .. _ .. I \ I
-- --
, '~I . \ \
LANDSCAPE BUFFER f~'rl I I
'I. t ~ I I I
,~
r - ~
I \ i I \ I
I I I \ \ 1 I \
I I . I I I
I I I
- \
-1 I
\ I I I I
I I I I I -i I I
I I I I. I I
- I J
I " ~
\ I , FUTURE I I
, I I I I I I~I
~-I
-)- 1--- - I ! .1 I ',-~ I
I. - I~I ~ \J\
t ~ I
I I I ~Ol I I
I \ I j I . I \W\~! ~
I I L. . -l ' . I .'. .
... 1 ' ' . r., '"0 >\~"" ~
. , I' ,
~ . . . ~ " . \' . I~ Ict ~ ~ ~
I I - .
. I .
0 I 1 I I I It- IZI~~
0' I ! I q
. ~ I i I It- Q ?t>~ ~
..... Cf)~ ~
<1". \ ! I \ I-I ~~.~.
~. , , I
I ,~
, I 0, r'~ ~
I i i , I I(j) l<tl ~ G
, I I 30
f- ! ! I 1 I ,W ~ ~ t:>
'J) . _ :~
::::-, I I I I I :'n> r<
i i I J I '~ ~
UJ' I I ~ ,~
\ ! I I I
I' - I I
. . I . ~ '\
r I I
\ . . i
I " I \ I -.--\ I I ~
I - ., I .... ., .. , I ~
IQ I i i, . . i I \ \
: \'
I I I I I \ I -
I~' i I I '" IS
I I I 1 i I ~~
I I \
i r '.
I ...
I I I 0:: I !':\)
V) 1 I : w
I
; I i @ I "- I I~
I @ I @ ! @ I @ I - "- i i i)
i c.: I :J
I , ~ i I ~
I I ,
I I
W
! CONTAINER N ; <l.
--- -- <f
I i u !
STAGING i VI I
- -- 0
I I I I z
, ..: ,
-'
I i , I I
, ! i
I I i I 5
! I I i I I
;
I I , oJ:
i i
! I i
j ! L I
I i I I
i
! 15 '
S' 50' 50' se' 50' 50' 50' .. I ~O'
I \ I ,
\ , ! 1 I I
,
,
~ I I ! i I I
I i : J I i 1
I I I I I I
, I I
I l :
! I j I
~~ i
8~I'-'Ji-.I:7S1~'&ff"'"frll.~€oJl / . I i I
-:----'-;-- 5 'err werr ~e. . I I
., .. . .Q. p D.' ,. .'0 ! I
.... ';.. \ ~OL.F. WATI:R ENOA E.MENT \ \ ?flO"'\~
IE. ELE~TRIC SLIDING (~ Ii. .
. .M '" AT R.R.CRO%lltG \' I \ F~
,,,,. "" ~~ ~ l:.t LLLL : U V ci
~ . '~A 1\ \ LJd \ \
~ 'jM,U,/I,e;;/J !\
8 ::J.D' .J.
Q> l I ,~'f;';.~~ \ \. ~'J r~;-~:
, ...~/ _._.U~!I' t " 9,W/(IJ 8"TAPPING.~~~~ ''''._ /.:... / S1
"-;.- ". .-..~.,~~~ :,.~_.,:~}.;~~._, ...... . ............ ", ,...... .. .....~... .', .' '_n' _....-...... ._..~!.._.. .::,}
. : ....
.. ' ,', ;.:"l ::
~."~." . -: ,~.... ~
.....~ . -... .' -. .-- . ~.. ;;.,::.: .'
. . ,".. . :.'.~:
. ,~'..::.~.":i,;.~:F . . l-. .,. : . ., ,~-'... ... .~~. 't...:~':. EVHIB'f"{ E .:~
. . ,"--,
-.. '7< .. .I..... e \i -., . :
r ,
.. .
" e
CITY OF LA PORTE
Permit No. SCU94-004
SPECIAL CONDITIONAL USE PERMIT CLP Job No. N/A
ORDINANCE 1501
- - John Hancock Mutual Life Insurance Company: Owner
This permit is issued to: Colliers. ADDelt. Womack: A!:!ent
Owner or Agent
4910 One Shell Plaza. Houston. TX 77572
Address
-- --..
For Development of: Freezer warehouseltrailer stacin2: vard (SIC 4226)
-
'Development Name
502 North Broadwav
Address
-- Legal Description: See Exhibit A
Zoning: Business Industrial/Planned Unit Develooment/R-2.
-
Mid Densitv Residential
Permit Conditions
Failure to begin construction within one (1) year after issuance or as scheduled under the
terms of a special conditional use permit shall void the permit as approved, except upon an
extension of time granted after application to the Planning and Zoning Commission.
(1501, Section 10-201.4)
If construction is terminated after the completion of any stage and there is evidence that
further development is not contemplated the ordinance establishing such special conditional
use permit may be rescinded by the City Council, upon it's own motion or upon the
recommendation of the Planning and Zoning Commission of the City of La Porte, and the
previous zoning of the entire tract shall be in full effect on the portion which is
-~'... undeveloped.
~c:. ___.;:__ _ _
Additional Conditions - See Exhibit B
~:/. Decembe~:p, 1994 ~,,~LJ
77 ~d~
Director of P.I~ning City Secretary
e e
Special Terms and _Conditions of Special Conditional Use Permit SCU94-004
-.... - ------- --.
~
~ -. 1. --This permit is an amendment to Special Conditional Use Permit SCU90-002. Except
as specifically amended herein, SCU90-002 remains in full effect and force.
2. This permit allows the staging yard and Barbour's Cut driveway entrance (as
illustrated on Exhibit B-1) to be operated as a separate business enterprise. Business
activity shall be limited to parking and staging of trailers and trailer chassis (SIC
4226). The yard and driveway are located on Blocks 432; 433; 980; a portion of
Block 438; Town of La Porte and portions of the closed North Ohio, North Idaho,
North Utah, and North "E" Street rights-of-way.
3. The landscape buffer located on the south and east faces of the staging yard shall be
replanted. A planting and maintenance plan shall be submitted for review and
approval of the City's Director of Planning by January 1, 1995. Replanting shall be
completed by March 1, 1995.
4. The office building for the staging yard shall be located as illustrated on Exhibit B-2.
Landscaping shall be planted along the west building face. A landscape plan shall
--" -be-prepared and submitted for review and approval to the City's Director of Planning
by January 1, 1995. Planting shall be completed by March 1, 1995.
5. The storm water detention facility (located on portions of Blocks 415; 416; 419; 420;
Town of La Porte and portions of the closed North Kansas and East Tyler rights-of-
way) is made part of this Planned Unit Development. The property owner shall
retain responsibility for all maintenance and upkeep of the detention facility.
~
-~
- ~~
Exhibit B
e e
BARBOURS CUT DRIVE
~ :'.~r..;t.il~1
<: .," 'J;~i.~
~ .i ~~
.. -- ... I. ''''~'-''~
~ \; ;.;;:;.-;
NORTH s: } ~i~~~~,
.... I.. ,r;ff."'C\,
6. t.o ;."-'.
"'" ..
<: I!'
.., t'
n
Ii
i
672 Ft.
U CONCRETE ,.
n PARKIN~_D (LEASED AREA)
()
cnO
-lZ
CONCRETE ES ~ :e (') ,
PAVEMENT _ - ~ 0 , ~::
Z Z 1'>1 <: ..,.: :8.
o C'T1 S:: (') '.'. CD , "
~ ~ i ~~~~ i [I
~ ~, m ~
:r: ':i~!.~ 0 I i~
~ ~ ~
5 -: ~ _...._~!tl2 :.,,_.~~~~~.$.-Ji~~~~
;> ~~.iWJ'~7~t~ff~~~f.i-~
o li~II.,l.lj,I"".lllIlli"'I,1t ~.ILil~h.IJ;.=IIII.:iiIia:lIiIl.~ilIllll ~L IlliIJJ.JII.II"..".IWI,IU
~
"<
,
J
EXHIBIT B-1
~-- ..' .V~._. I I I
'~I 'eAN""PE 'U~FER, , .,. , : I I
Y. , i ~ \ 'I I '" I I
! II \ \ I i I - i I I
i I I \ I I _ I I
I I I I -J I I
\ I I I I -i I I
I I I 1 I I
-_ I I I i FUT'URE ii' -I : I ~II
I ! I I. '-~ j I ~
I t I ~. I lcol \\
__ I I I ~o i I . ,I I, I l \~I ~~ ~
g :i~ 'T \>" "f I :; II;II~: ~
,... ! I Ii"" 0 ~~ ;;;
~ I I I (/)I).n...:\;.
,...: ; !: 'I- 10 t)~.~.
I Ii; Iii ~o I ~ I~i ~ ~ J
~ ,I ! I I ; ~ ~, ; t:>
< , i I I I I I ,I ; t\ ~ ~
w : .1 t '. ! i I ! I I~ ~ .
I _ _ ' . 'I : I I [ I I ~
I .. II
_. \ - - .. I' 1, I _._1 i I ~
I i I'.' i-I I I \ \ ~
i j I I I I I \ I~~ \ ~
: I I I Ii" 1 l~.
. I 'I a: I 1
III I: ! _' !: ~ ' ~
I ~ ! @ I ; @ I @ I .: @ ~ I!~
~ I 0.: j I a:l I
I I I ~ I 1 w I
, (OJ : I a.
-.. CONTAINER -- -, I' ~ I
I _ STAGING -- I I ~ I '
I I' ,I II ~
Ii: ! I ' i ,-'
I ' i I 5
. : ! ill I
i Ii. I
: '
Ii'
, I . I i I
, ii, I
I . ~C'" '0' '0' 50' .. I ~O' '5
5'\ 50' 50' J J ~ ; t ' I .
I I \ I I I I I '
J ) \ I I i I I I
I !: . I I . I I
~ } . .\ ,! I ! ! !. i
: f ' ' , : i l , :
. I I ,-'-- ' . ; I I: , (,0 ' I
-"~ -8~1,-,~gS't:ff,-,J.~"'II;;;;;;-/ '. . l-.,~/ I' ]I~ I i II
. '. S't>rr war~e_ . . -.'0 '. ~ i
. . ~. p .1 . ..", TRUCK PARKING . I \; >
I I. . - ZOL.F. WATER E.NOA E.l.lEHT I I
Ell I '>',",':~,t.lj ~ ~;'I .' QIWl'll """'N6 v",:v;f t/ 'I
.~.'-. .,........_-~:..~....::~;. ~ ..........". ,...... . .....-.....,....",... .-....,..-..,,-.
~. . T::~: · ~ t;, . _nO'_. EXHIBIT B-2
- " .'. ~':~..:: .. ~ I.' :, .--. ........-
e CHECKLIST e
PLANNED UNIT DEVELOPMENT CRITERIA
Project # SCU94-004
YES" NO N/A
1. An application for a conditional use permit ( X ) ( ) ( )
has been fIled and processed based upon
procedures established by Section 10-200 of
this Ordinance.
2. An application for a Major Development ( X ) ( ) ( )
Site Plan, Minor Development Site Plan, or
Preliminary Plat has been fIled and
processed simultaneously with the
Conditional Use Permit and shall be
subject to the requirements of the La Porte
Development Ordinance.
3. Submittal and filing of the major or minor ( X ) ( ) ( )
. development site plan or preliminary plat
has been ill accordance with the
requirements of the Development
Ordinance of the City of La Porte, and
shall contain (in addition to the
requirements of said Development
Ordinance) the following information:
a) The entire outline, overall ( X ) ( ) ( )
dimensions and area of the tract
described in the application.
b) The use, zoning and ownership of ( X ) ( ) ( )
all adjacent properties within one
hundred feet (100') of the tract
boundaries including the location
of all structures thereon and the
right-of-way widths of all adjacent
public roadways.
c) The existing and proposed ( X ) ( ) ( )
topography of the tract with
contour intervals not greater than
one foot (1').
d) The ( location, general exterior ( X ) ( ) ( )
dimensions and approximate gross
floor areas of all proposed
buildings, or where appropriate,
examples of housing units to be
built on lots.
'-
e) The type of each use proposed to ( X ) ( ) ( )
occupy each building and the
approximate amount of building
floor area devoted to each
separate use, if appropriate.
e e
f) The proposed location, (X) ( ) ( )
arrangement and number of
automobile parking stalls, or
appropriate examples for each
housing type.
g) The proposed location, (X) ( ) ( )
arrangement and general
dimensions of all truck loading
facilities, if appropriate.
h) The location and dimensions of all (X) ( ) ( )
vehicular entrances, exits and
driveways and their relationship to
all existing or proposed district or
development examples for each
housing type.
i) The location and dimensions of all (X) ( ) ( )
walls, fences, and plantings
designed to screen the proposed
district . or development from
adjacent uses.
j) The general drainage system. (X) ( ) ( )
k) Standards for exterior SignS, (X) ( ) ( )
architectural style, landscape
concepts, and other variables
which will be controlled in the
design of buildings lD the
development area.
I) Proposed exterior architectural (X) ( ) ( )
elevations illustrating the basic
design elements and material
appearances.
4. The applicant has submitted a proposed (X) ( ) ( )
schedule of construction. (If the
construction of the proposed Planned Unit
Development is to be in stages, then the
components contained in each stage must
be clearly delineated.) In addition, the
Developer or Subdivider must submit a
General Plan in accordance vnth the
requirements of the City of La Porte
Development Ordinance. Said General
Plan has been submitted orior to the
submission of a Development Site Plan or
Preliminary Plat, as the case may be. The
development schedule indicates the
approximate starting date and the
approximate completion date of the
complete Development Plan.
5. A draft of all proposed .d restrictions, (. ( ) (X)
assessments, and covenants has been ftled
clearly delineating responsibility for
maintenance and control of public and
private property, and common areas.
6. Review and evaluation criteria:
a) Adequate property control is ( ) ( ) (X)
provided to protect the individual
owner's rights and property values
and the public responsibility for
maintenance and upkeep.
b) The interior circulation plan plus ( X ).. ( ) ( )
access from and onto public right-
of-way does not create congestion
or dangers and is adequate for the
safety of the project residents and
general public. . .
c) A sufficient amount of usable ( ) ( ) (X)
open space is provided, in general
conformance with the open space
requirements outlined for each
particular use classification in this
Ordinance.
d) That the arrangement of buildings, (X) ( ) ( )
structures and accessory uses does
not unreasonably disturb the
privacy or property values of the
surrounding residential uses.
e) Acoustical controls for interior (X) ( ) ( )
areas and facilities area at a
minimum in compliance with the
current standards of the Standard
Building Code of the City of La
Porte.
t) The architectural design of. the (X) ( ) ( )
project is compatible with the
surrounding area.
g) The drainage and utility system (X) ( ) ( )
plans are submitted to the
Director of Planning and the fmal
drainage and utility plans shall be
subject to his approval.
h) The development schedule ensures (X) ( ) ( )
a logical development of the site
which will protect the public
interest and conserve the land.
i) The development is in compliance (X) ( ) ( )
with the requirements of the La
Porte Development Ordinance.
j) Dwelling unit an.ccessory use ( . ( ) (X)
requirements are m general
compliance with the district
provisions in which the
development is planned.
k) The provisions of Section 10-200 (X) ( ) ( )
of this ordinance are considered
and satisfactorily met.
7. Property Controls:
a) The property is m single (X) ( ) ( )
ownership or under the
management and supervision of a
central authority or otherwise
subject to such supervisory lease
or ownership control as may be
necessary to carry out the
provisions of this Ordinance.
b) Prior to the use or occupancy or ( ) ( ) (X)
sale or the execution of contracts
for sale of an individual building
unit, parcel, tract, townhouse,
apartment, or common area, a
declaration of covenants,
conditions and restrictions or an
equivalent document has been
filed with the City of La Porte;
said filing with the City has been
made prior to the ruing of said
declaration or documents or plans
with the recording officers of
Harris County.
c) The declaration of covenants, ( ) ( ) (X)
conditions or restrictions or
equivalent document specifies that
deeds, leases or documents of
conveyance affecting buildings,
units, parcels, tracts, townhouses,
or apartments shall subject said
properties to the terms of said
declaration.
d) The declaration of covenants, ( ) ( ) (X)
conditions and restrictions
provides that an owners' assoc. or
corporation shall be formed and
that all owners shall be members
of said association or corporation
which shall maintain all properties
and common areas in good repair
and which shall assess individual
property owners proportionate
shares of joint or common costs.
The declaration. has been subject
to the review and received
approval by the City Attorney.
-
I
'I
e e
8. Public Services: The proposed shall be ( X )..' ( ) ( )
served by the City water and sewer system
and fire hydrants shall be installed at such
locations as necessary to pr~vide fire
protection. Proposed utility coimeCtions
shall be subject to approval by the Director
of Planning.
9. Building Height: Height limitations are the (X) ( ) ( )
same as imposed in the respective districts.
10. Roadways: Private roadways within the ( ) ( ) (X)
project will have an improved surface to
twenty four feet (24') or more in width and
are so designed as to permit the City fire
trucks to provide protection to each
building. (No portion of this required . .
twenty four foot (24') road system may be
used ID calculating required off-street
parking space or be used for parking.)
COMMENTS: . Exceot as otherwise noted. all answers are based on a review of the original SCU submittals..
.. Interior circulation will be imoacted because of lease agreement. However, adequate truck and auto access
will be available for both comoonents of the facility. No changes to the current gate/drivewav arrangement
are nlanned. ... A new building is to be nlaced within the marshalling yard areas. Existing fire urotection
is ade~uate. Water and sewer mains are located in close nroximitv to the nronosed building location. Lines
can be readilv extended.
':MEEll.NG OF T.J::ili LA POR.J
City Council RE~'l~t (
(Type of Meeting)
HAS BEEN SCHEDULED FOR I g
.~ .... PLANNING
December 12. 1994
(Meeting Date)
Suecial Conditional Use Pennit Reouest #SCU94-004
(Type of Request)
I HAVE RECEIVED NOTICE OF 1.tlli ABOVE REFERENCED PUBLIC HEARING AND
.
IA1Y1 7~FAVOROFORIAM IN OPPOSITION OF GRMu.i.NG
THIS REQUEST FOR T~ FOLLOWING REASONS:
(
,:.- -
)Jt/hf flU 5 (Irk);: -r f: fI ()Q Tl1iN
sI<(JiuRE. ' NAME (PLEASE PRINT)' -
1'0 cf WV /IJ/J/5T
-
HOME ADDRESS (
h .~f()q 7;;- IE;(
. ) )5~/
. .-. -". '_".U . h - .. .. ~. .... .
.~. -
h.
e e .
A MEEl.l.N"G OF T.tlli LA PORTE
City Council (
(Type of Meeting) RE!-'EP ED
HAS BEEN SCHEDULED FOR JjC X,
,!... (?E.P,NNI G
December U. 1994
(Meeting Date)
Soecial Conditional Use Permit Reauest #SCU94-004
(Type of Request)
I HAVE RECEIVED NOTICE OF TIlE ABOVE REFERENCED PUBLIC HEARING AND
~ IN FAVOR OF OR I AL\1 ,
.
I AL"\1 IN OPPOSITION OF GRAAT.lNG
TIllS REQUEST FOR THE FOLLOWING REASONS:
(
..-&-- .,;;
~~~
SIGNA EUGENIA ROSSI EST
JAMES N MIGLIA VACCA
9639 BEVERL YHILL ST
HOUSTON, TX 77063-3727
. ..- .-.. ..".- --. - .... ..~ '_'_U'__"_ -."-"~-' .
AmEIING OF Ttl~ LA POR.
City Council Re~~'lfl.
(Type of Meeting) (
HAS BEEN SCHEDULED FOR ~"
~.. PLANNING
December U. 1994
(Meeting Date)
Special Conditional Use Pennit Reauest #SCU94-0Q4
(Type of Request)
I HAVE RECEIVED NOTICE OF TIiE ABOVE REFERENCED PUBUC HEARING A1'ffi
lAM ; / INFAVOROFORIAM IN OPPOSITION OF GRAATl.NG
v
THIS REQUEST FOR T.tlli FOLLOWING REASONS:
C-
.-
~. ~
d~A //7~ J9rv(JJ; ~tfr~ J-
V t1GNArtJRE / /~ / NAME' (PLEASE PRINT)
.?II 5. i/f? h
HOl\1E ADDRESS C.
), g /?r -J--I' k ) -; )'7 f
"-. ~ __.___.___n_r ___... ....___~,. .. _ _._..._._____~.. _____,.__n _. _ . __~._,_" -_.--
-. ----.---.....-.-.. .... . --------". --.-------. - ... .- ._~ .
e e
e .
REOUEST FOR CITY COUNCIL AGENDA ITl!..lv1
Agenda Date Requested: December 12. 1994
Requested By: Louis Ri!!bv Department: Human Resources
Report Resolution XXX Ordinance
Exhibits: Ordinance
SUMMMlY & RECOMMENDATION
The Texas Municipal Retirement System (TMRS) Act allows member cities to adopt Updated Service Credits and
Annuity Increases, providing cities the opportunity to upgrade retirement benefits for both active employees and
retirees who are currently receiving a monthly annuity from the System. In November of 1992, Council adopted
an ordinance which accomplished this upgrade and asked that they be able to review these upgrades on an annual
basis.
By adopting the 100% Updated Service Credit effective January I, 1995, a member's retirement benefits will be
recalculated based on the member's average monthly salary for the three year period of 1991, 1992, and 1993. The
member's retirement benefits are "updated" based on the higher wages earned in recent years.
Adoption of the ordinance also increases the monthly annuities being paid to its retirees. The increase that can be
granted to retirees is calculated based on a maximum of 70 % of the change in the Consumer Price Index, less any
previously granted increases.
This ordinance is non-repeating and will be effective January 1, 1995. Any future updates will require adoption
of a new ordinance. With the adoption of this ordinance, the City's contribution rate will be 9.62 % of gross
salaries. Approval would increase the City's contribution by approximately $4,600 for 1995. Adopting this
ordinance would allow the City to have 25 years in which to amortize the additional cost.
Action Required by Council:
Adoption of an ordinance authorizing Updated Service Credits and increased annuities for 1995.
A vailability of Funds:
General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other
Account Number: Various Funds Available: X Yes No
Aooroved for Citv Council Aeenda
Q~ T. ~n l1..-i.-QL.\.
Robert T. Herrera Date
City Manager
:~ e ORDINANCE NO. 1875 - B .
~
( ... AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING
THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDAn~.u SERVICE CREDITS" IN
SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH
SYSTE~ WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF LA PORTE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Section 1. Authorization of Uodated Service Credits~
(a) On the terms and conditions set out in Sections 853.401 through 853.403 of Subtitle
G of Title 8, V.T.C.A., Government Code, as amended (hereinafter referred to as the "TMRS
Act"), each member of the Texas Municipal Retirement System (hereinafter referred to as the
"System") who has current service credit or prior service credit in the System in force and effect
on the 1st day of January of the calendar year preceding such allowance, by reason of service
in the employment of the City, and on such date has at least 36 months of credited service with
the System, shall be and is hereby allowed "Updated Service Credit" (as that term is defined in
subsection (d) of Section 853.402 of said title) in an amount that is 100% of the "base Updated
Service Credit" of the member (calculated as provided in subsection (c) of Section 853.402 of
said title). The Updated Service Credit hereby allowed shall replace any Updated Service
Credit, prior service credit, special prior service credit, or antecedent service credit previously
authorized for part of the same service.
(b) On the terms and conditions set out in Section 853.601 of said title, any member of
the System who is eligible for Updated Service Credits on the basis of service with this City,
and who has unforfeited credit for prior service and/or current service with another participating
municipality or municipalities by reason of previous service, and was a contributing member on
the 1st day of January of the calendar year preceding such allowance, shall be credited with
Updated Service Credits pursuant to, calculated in accordance with, and subject to adjustment
as set forth in said 853.601. v
(c) In accordance with the provisions of subsection (d) of Section 853.401 of said title,
the deposits required to be made to the System by employees of the several participating
departments on account of current service shall be calculated from after the date aforesaid on
the full amount of such person's earnings as an employee of the City.
Section 2. Increase in Retirement Annuities.
(a) On terms and conditions set out in Section 854.203 of Subtitle G of Title 8,
V.T.C.A., Government Code, as amended, the City hereby elects to allow and to provide for
payment of the increases below stated in monthly benefits payable by the System to retired
employees and to beneficiaries of deceased employees of this City under current service annuities
and prior service annuities arising from service by such employees to this City. An annuity
increased under this Section replaces any annuity or increased annuity previously granted to the
same person.
(b) The amount of annuity increase under this Section is computed as the sum of the prior
and current service annuities on the effective date of retirement of the person on whose service
the annuities are based, multiplied by ~ of the percentage change in Consumer Price Index
for All Urban Consumers, from December of the year immediately preceding the effective date
of the person's retirement to the December that is 13 months before the effective date of this
ordinance.
e .
ORDINANCE NO. 1875 - -B
PAGE 2
(c) An increase in an annuity that was reduced because of an option selection is reducible
in the same proportion and in the same manner that the original annuity was reduced.
(d) If a computation hereunder does not result in an increase in the amount of an annuity,
the amount of the annuity will not be changed hereby.
(e) The amount by which an increase under this Section exceeds all previously granted
increases to an annuitant is an obligation of this City and of its account in the municipality
accumulation fund of the System.
Section 4~ The City Council finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council was posted
at a place convenient to the public at the City Hall of the City for the time required by law
preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised
Civil Statutes Annotated; and that this meeting has been open to the public as required by law
at all times during which this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
. Section 5" Subject to approval by the Board of Trustees of Texas Municipal Retirement
System, the updated service credits and increases in retirement annuities granted hereby shall
be and become effective on the 1st day of January, 1995.
PASSED AND APPROVED, this the 12th day of December, 1994.
~ CITY OF LA PORTE
By4,(//t1&1/~ .
. N~rrriafl L. Malone, Mayor
A1S: _ ~
Sue Lenes
City Secretary
APPROVED: ~
&~zJ ~~"L;~
Knox W. . Askins
City Attorney
! . .
,
. e
REOUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: December 12. 1994
Requested By: Steohen L. Barr Department: Parks & Recreation
Report Resolution XXX Ordinance
Exhibits: 1. Ordinance No.
2. Recommendation Memorandum from Stephen Barr
3. Concession Agreement with Linda Darnell Witt
SUMMARY & RECOMMENDATION
The City of La Porte has negotiated an agreement with Linda Darnell
Witt to operate a pier concession at the Sylvan Beach Fishing Pier.
The City agrees to provide incidental equipment and any major repairs
which should prove necessary. The Concessionaire agrees to operate the
pier and to charge admission at a rate to be negotiated with the City,
which will be comparable to those charged for other similar facilities
in the area. The Concessionaire further agrees to make minor repairs
and to keep the pier in a neat, clean and sanitary condition. Under
the terms of this agreement, and the prior agreement with Harris
County, the Concessionaire will receive 1/3 of the gross receipts of
pier revenues. The City will receive 1/3 of the gross receipts, and
Harris County will receive 1/3 of the gross receipts of the pier
revenue after the initial receipts totaling $60,000.00 have been
deposited into escrow for future repairs as is required by the
agreement with Harris County. Harris County Commissioner'e Court gave
it's approval for the proposed agreement at its December 6, 1994
meeting.
The agreement is for a term of three (3) years, with an option to renew
for two (2) additional one (1 ) year terms, unless terminated by either
party.
Staff recommends the approval of the agreement between the City of La
Porte and Linda Darnell Witt for operation of the pier concession at
Sylvan Beach Park.
Action Required by Council:
Approve the concession agreement between the City and Linda Darnell
Witt for operation of the pier concession at Sylvan Beach Park.
Availability of Funds:
General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other
Account Number: Funds Available: YES NO
Aooroved for Citv Council Aqenda
~~ \; ~ \ '2..,' "l - '\ Y
Robert T. Herrera Date
City Manager
12-08-94 08:53AM FROM HARRI~OUNTY PCT. 2 TO 4701361 . P002
...... ....
. ,.
~&7~ ~..-:::--:~, ADMINISTRA TION BUILDING
COMMISIONER 1001 PRESTON, ROOM 950
HOUSTON. TEXAS 17002
(713) 755-6220
,"";-1.-..;.:.:........;..:_- .-
~_......"~ December 8, 1994
Mr. Stephen L. Barr
City of La Porte
P. Q. Box 1115
La Porte, TX. 77572-1115
Dear Hr. Barr:
Please be advised that the concession agreement between the
City of La Porte and Linda Darnell Witt for the operation of
the Sylvan Beach Pier was approved by Commissioners Court on
December 6, 1994.
If you should have any Questions, please don't hesitate to
call me at 479-7770.
Si cerely, ~
,dlA~. '..
ouie Ditta
Administrative Assistant
LD/mb
"S~ U ~UJr, jD~-
DEe 8 '94 9:42 PAGE.002
. .
ORDINANCE NO. 94- 2005
AN ORDINANCE APPROVING ,AND AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND LINDA DARNELL WITT, RELATING TO THE CONCESSION
OPERATION OF SYLVAN BEACH PIER, INCLUDING PROVISIONS RELATING TO
DIVISION AND PAYMENT OF GROSS RECEIPTS AND PIER REVENUES, REPAIRS,
INSURANCE, AND INDEMNIFICATION; MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the contract,
agreement, or other undertaking described in the title of this ordinance, in substantially
the form as shown in the document which is attached hereto and incorporated herein by
this reference. The City Manager is hereby authorized to execute such document and
all related documents on behalf of the City of La Porte. The City Secretary is hereby
authorized to attest to all such signatures and to affix the seal of the City to all such
documents.
Section 2. The City Council officially finds, determines, recites, and
declares that a sufficient written notice of the date, hour, place and subject of this meeting
of the City Council was posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as required by the Open
Meetings Law, Chapter 551, Texas Government Code, Texas Revised; 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
C;\WP50\ClP\SYL VAN.ORD
. .
ORDINANCE 94- 2005 Page 2
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 the 1d.-tA day of D-ec e-m her ,1994.
CITY OF LA PORTE
BY:~.$~
orman L. Matone 1
Mayor
AlTEST:
~:lJ
Sue Lenes,
City Secretary
APPROVED:
..-
. rmstro~g
t City Att mey
C:\WP50\ClP\SYL VAN.ORD
I
I
I
. .
CITY OF LA PORTE
..................................................,........'.............--.-....'.,.... .......,..............."...............
............. ......................................... ....... -, .... ....... .--..............,............
..................................
............................
....... ...........
December 5, 1994
TO: Robert T. Herrera, City Manager #'~
FROM:
, Stephen L. Barr, Parks and Recreation Director '
SUBJECT: Agreement with Linda Darnell Witt - Concession Operation at Sylvan
Beach Fishing Pier
As per your request, I have reviewed the proposed agreement with Linda Darnell Witt in
reference to the operation of the concession at the 1,100 foot Sylvan Beach Fishing Pier. The
following is a brief summary of the agreement.
The agreement is for a period of three (3) years begining upon execution of the document.
There is provision for two (2), one (1) year extensions at the City's option. f..s discussed,
provision has been made for Ms. Witt to deposit daily receipts into a City account with the City
then remitting Ms. Witt's share of generated revenues to her on a monthly basis. Also, as
discussed, provision has been made in the agreement to allow Ms. Witt to prorate her payments
for state permits according to a schedule which allows him to pay more in her busy season and
less during winter months.
Ms. Witt agrees to manage and operate the pier, make minor repairs as needed. The City agrees
to furnish incidental equipment and to make major repairs to the pier as necessary through use
of the City/County escrow fund established by agreement with Harris County. Sale of alcohol
on the pier is prohibited by the agreement. Ms. Witt is required to furnish liability insurance
in the amount of $1,000,000.00 per occurrance, with the City and Harris County named as co-
insured.
Staff recommends the approval of the agreement between Linda Darnell Witt and the City of La
Porte for the concession operation of the Sylvan Beach Fishing Pier. Should you have any
questions or desire further information, please contact me.
SB/pierwitt.mem
xc: John Joerns, Assistant City Manager
It .
CONCESSION AGREEMENT
THE STATE OF TEXAS ~
~
COUNTY OF HARRIS ~
This Agreement, made and entered into by and between the City of La Porte,
a body corporate and politic under the laws of the State of Texas, hereinafter referred
to as the "City", and Linda Darnell Witt, hereinafter referred to as the
"Concessionaire" .
WITN~SS~IH
WHEREAS, the Concessionaire desires to assist the City in providing a fishing
pier to be made available for the enjoyment and benefit of the public at Sylvan Beach
Park, and
WHEREAS, The Concessionaire has requested the City to use said pier for the
purposes hereinabove described, to be used by the general public, and
WHEREAS, The City desires to provide quality recreational opportunities for the
general public, and desires to permit the Concessionaire to use the said pier according
to the rules, covenants, and conditions hereinafter stated,
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That in consideration of the mutual covenants and agreements to both parties,
it is agreed as follows:
I.
Subject to the terms and provisions herein set forth, the City has granted and
by these presents grants to the Concessionaire, for a term of three (3) years,
beginning Januarv 3. 1995, and ending (unless sooner ended in accordance with the
provisions hereof) Januarv 3. 1998, with an option for the City to renew ~or two (2)
additional one (1) year terms, the right and privilege to operate the proposed 1, 1 00
foot fishing pier at Sylvan Beach Park, said fishing pier being more particularly
described on Exhibit" A" attached hereto.
C:\WPSOICLP\PIER_ 6ACR Concession Agreement. page 1 of 9
It e
II.
The Concessionaire and his employees shall operate the fishing pier concession
in Sylvan Beach Park in its entirety and the Concessionaire shall make no sale, exchange
or assignment of rights under this Agreement, either in whole or in part, without the prior
written approval of the City Council of the City of La Porte.
III.
As consideration for this concession, the Concessionaire shall pay, without
demand, a monthly concession fee in an amount equal to two-thirds (2/3) of the gross
user fees collected for the use of the pier. Gross User fee is defined as the total gate
receipts less any federal, state, and/or local taxes. The concession fee will be due and
payable on or before the 10th day of each month for the preceding month's activity. The
Concessionaire agrees to maintain documentation, on forms to be developed and
provided by the City and adhere to guidelines established by the City, of daily use and
payments received. The Concessionaire agrees to furnish to the City any and all reports
which City may require covering all receipts and income of the concession, and agrees
that her books and other records may be examined by the City or City Auditor or any
other officer of the City at any reasonable time. The Concessionaire agrees to keep and
maintain said records and books in La Porte. The Concessionaire may, on a daily basis,
report and deposit with the City all admission revenues generated by the pier operation.
The City shall remit to the Concessionaire the amount due to the Concessionaire pursuant
to this agreement on a monthly basis.
IV.
The Concessionaire shall operate and manage the fishing pier. Admission rates
will be set through negotiation with the City and shall be reasonable and equal to those
charged by concessionaires in comparable facilities. The Concessionaire agrees to
conform to the rates as set. The Concessionaire shall post a schedule of such fees,
rates, and prices at all times in a conspicuous place on the premises.
V.
During the term of this Agreement, Concessionaire's and City's obligations
hereunder, in addition to others specified herein, shall be as follows:
(a) The Concessionaire will abide by all applicable federal, state, and
municipal laws, ordinances,. rules and regulations. Concessionaire
must obtain, at her own expense, all licenses and permits required
for the operation of said fishing pier and make the same accessible
at all times to city, county, state, and federal officers.
Concessionaire agrees to pay all federal and state permit and lease
C:\ WP50\ClP\P1ER_6.AGR Concession Agreement, page 2 of 9
It e
fees. The City agrees to pay required state permit and lease fees
from the Concessionaire's share of collected receipts according to
the following formula:
15% of total permit fee for each of the months of June, July,
August, & September of each year of the agreement.
5% of total permit fee for each of the . months of October,
November, December, January, February, March, April, & May
of each year of the agreement.
The payment schedule specified above shall begin in the month
following the date this agreement is executed and continue until the
agreement is terminated.
(b) The Concessionaire will pay all applicable local, state, and federal
taxes incident to the operation of said fishing pier.
(c) The Concessionaire will place no vending machine in the area of the
fishing pier without the prior written approval of the City Parks &
Recreation Director or his designated representative.
(d) The Concessionaire will abide by such opening and closing hours of
the fishing pier as the Commissioners Court of Harris County and the
City may, from time to time, prescribe and will post such hours of
opening and closing at the fishing pier.
(e) The Concessionaire agrees to open the pier to the public, at no
charge, on the following dates: (a) Sylvan Beach Day; (b) Bay Day;
and (c) three(3) other dates to be determined by the City and/or
Harris County, and coordinated with the Concessionaire.
(f) The Concessionaire will sell no beer, wine, liquor, or other such
alcoholic beverages on the fishing pier.
(9) The Concessionaire will keep the fishing pier and the entrance
thereto in a neat, clean, and sanitary condition.
(h) The Concessionaire will be responsible for all routine or minor
maintenance of the pier. The City will be responsible for all major
repairs to the pier. For purposes of this Agreement, a Major Repair
shall be defined as: any purchase of materials and labor in excess
of $200.00 for any particular event, including normal wear and tear,
requiring repair of the pier.
c:\ WP50\ClP\PIER_6.AGR Concession Agreement, page 3 of 9
e e
(i) The Concessionaire will not permit on the pier, or in the immediate
vicinity of the pier, any disorderly conduct or practice in violation of
any federal, state, or municipal laws, rules, regulations, or
ordinances; of a sort likely to bring discredit upon the City or its
governing body.
0) The Concessionaire will treat the public with courtesy and respect at
all times. Complaints will be investigated by the Parks & Recreation
Director or his designated representative and, if found to be just, be
resolved to the satisfaction of said Director.
(k) The Concessionaire will neither place, nor cause to be placed, any
sign, projection, advertisement, or device of any kind whatsoever on
the fishing pier or on the streets adjacent thereto without prior written
consent of the City.
(I) The Concessionaire will be responsible for all costs and expenses
incidental to operating the fishing pier.
(m) The City will be responsible for providing utilities to the pier, at a time
to be determined later. The City will be responsible for payment of
water utility costs. The Concessionaire will be responsible for
payment of electrical utility costs.
(n) The City will be responsible for providing a kiosk for ticket sales at
the entrance to the pier. Said kiosk shall be of a design mutually
approved by the City and the Concessionaire. The Concessionaire
will be responsible for maintenance and repair of said kiosk for the
duration of this Agreement. The Concessionaire will be responsible
for providing any barricades required to limit access to the pier and
to direct patrons to the kiosk for ticket sales or other purpose.
(0) The City will be responsible for providing trash receptacles for the
pier and entrance to the pier; the Concessionaire will be responsible
for providing plastic liners for the receptacles.
(p) It is expressly the Concessionaire's responsibility and duty to
remove and properly dispose of the trash and garbage resulting
from the public use of the fishing pier and seeing to it that the same
is put in suitable closed containers and is picked up and hauled
away at least twice a. week.
C:\ WP50\CLP\PIER_6.AGR Concession Agreement, page 4 of 9
It e
VI.
The Concessionaire shall permit the City's officers, employees, and agents to enter
into and upon the fishing pier for the purpose of inspecting and examining the condition
thereof.
VII.
The Concessionaire shall not by virtue hereof be deemed to have become a tenant
of the City, nor to have been given or accorded as against the City the possession of any
part of said fishing pier, but to such of the pier as the Concessionaire is hereunder
entitled to use, the Concessionaire shall be deemed merely to be a licensee permitted to
enter therein solely for the purpose of exercising therein the rights and privileges hereby
granted.
VIII.
The Concessionaire shall keep and maintain during the term hereof, a
comprehensive general liability policy, with the City and Harris County named as
additional insured, with limits of liability of not less than one million dollars ($1,000,000.00)
combined single limit bodily injury and property damage per occurrence. In addition,
Concessionaire shall keep and maintain during the term hereof Worker's Compensation
Insurance in accordance with statutory limits, with an insurance company licensed to do
business within the State of Texas, and acceptable to the City and Harris County and
under forms and policies satisfactory to the said City and Harris County. The
Concessionaire shall annually furnish the City with a certificate of insurance evidencing
such coverage. The City and Harris County are to receive at least thirty (30 days prior
written notice of cancellation of said policies. Such insurance shall include contractual
liability insuring the indemnity agreements contained herein. Failure to maintain insurance
will result in automatic and immediate termination of this Agreement.
IX.
To the fullest extent permitted by applicable law, Concessionaire shall and does
hereby agree to indemnify, protect, hold harmless and defend the City of La Porte and
Harris County, Texas, and their respective heirs, legal representatives, partners, agents,
employees, directors, shareholders, subsidiaries, and affiliated companies if Indemnities
and of any of their respective partners, (herein collectively called the "Indemnitees") from
and against all claims, demands, damages, injuries, losses, liens, causes of action, suit,
judgements, liabilities, costs, and expenses, including court costs and attorney's fees, of
any nature, kind or description (including without limitation, claims for injuries or death of
any person, or damages to or loss of any property) of any person or entity (including but
not limited to employees, agents, and subcontractors of Concessionaire, and their
c:\ WP50\ClP\PIER_6.AGR Concession Agreement, page 5 of 9
It e
dependents, and personal representatives, or other third parties), directly or indirectly
arising out of, caused by, in connection with, or resulting from (in whole or in part), (a)
the presence or activity of Concessionaire, its employees, agents, and representatives,
(including subcontractors on Indemnitee's premises, (b) the condition of the Indemnitee's
premises, the adjoining land, or any of the driveways, streets, or alleys used in connection
with the services of the Concessionaire, (c) the use of any equipment by Concessionaire
on .Indemnitee's premises, whether belonging to Concessionaire, Indemnitee, or
otherwise, or the condition of said equipment, or (d) any act or omission of
Concessionaire, any Subcontractor, any of their respective employees, agents, servants,
officers, directors, partners, or anyone directly or indirectly employed by Concessionaire
or any Subcontractor, or anyone that either Concessionaire or any Subcontractor controls
or exercises control over (herein collectively called the "Liabilities").
THE OBLIGATIONS OF CONCESSIONAIRE UNDER THIS INDEMNIFICATION SHALL
APPLY TO LIABILITIES EVEN IF SUCH LIABILITIES ARE CAUSED IN WHOLE OR IN
PART BY THE SOLE OR CONCURRENT NEGLIGENCE OF ANY INDEMNITEE, AND
WHETHER OR NOT SUCH SOLE OR CONCURRENT NEGLIGENCE WAS ACTIVE OR
PASSIVE. Concessionaire shall promptly advise Indemnitees in writing of any action,
administrative or legal proceeding or investigation as to which this indemnification may
apply, and Concessionaire, at Concessionaire's expense, shall assume on behalf of
Indemnitees (and the other Indemnitees) and conduct with due diligence and in good faith
the defense thereof with counsel satisfactory to Indemnitees; provided, however that
Indemnitees shall have the right, at its option, to be represented therein by advisory
counsel of its own selection and at its own expense. In the event. of failure by the
Concessionaire to fully perform in accordance with this Indemnification Agreement,
Indemnitees, at its option, and without relieving Concessionaire of its obligations
hereunder, may so perform but all costs and expenses so incurred by Indemnitees in that
event shall be reimbursed by Concessionaire to Indemnitees, together with interest on the
same from the date any such expense was paid by Indemnitees until reimbursed by
Concessionaire, at the highest lawful rate of interest allowed under applicable usury laws
of the State of Texas (or if no maximum rate is applicable, at the rate of ten percent (10%)
per annum). This indemnification shall not be limited to damages, compensation or
benefits payable under insurance policies, worker's compensation acts, disability benefit
acts or other employee's benefit acts. It is agreed with respect to any legal limitations
now or hereafter in effect and affecting the validity of enforceability of the indemnification
obligation under this Section, such legal limitations are made a part of the indemnification
obligation and shall operate to amend the indemnification obligation to the minimum
extent necessary to bring the provision in to conformity with the requirements of such
limitations, and so modified, the indemnification shall continue in full force and effect.
X.
It is expressly understood and agreed that the City may terminate this Agreement
without cause at any time by giving the Concessionaire at least ninety (90) days written
C:\ WPSO\CLPlPlER_6.AGR Concession Agreement, page 6 of 9
e e
notice of its intention to do so, specifying therein the effeCtive date of such termination.
It is expressly agreed that the Concessionaire may terminate this Agreement prior to the
expiration of the term set forth above without cause upon ninety (90) days written notice
to the City. Notifications pertaining to any part of this Agreement shall be' made as
follows:
THE CITY: City of La Porte
P.O. Box 1115
La Porte, Texas 77571-1115
Attention: City Manager's Office
THE CONCESSIONAIRE: Ms. Linda Darnell Witt
723 South 4th Street
La Porte, Texas 77571
HARRIS COUNTY: The Honorable Jim Fonteno,
Commissioner, Precinct 2
Harris County Commissioner's Court
7330 Spencer Highway
Pasadena, Texas 77505
XI.
The Concessionaire shall not allow any liens or any other encumbrances to attach
to the leased premises.
XII.
Whenever the terms of this Agreement conflict with the terms of the Agreement
with the City and Harris County, Texas, dated Aori112. 1994 (attached hereto), amended
and extended, the parties agree that the terms of the Harris County Agreement control,
to the extent of such conflict only. Otherwise, this Agreement is to be construed in
relationship with the Harris County Agreement insofar as possible.
XIII.
The provisions of this Agreement which assign certain rights to the City, shall be
construed to also be shared by Harris County insomuch as they are in accordance with
the terms of the Agreement between the City and Harris County, Texas, dated Aoril 12.
1994.
The foregoing does not apply to Section X, which allows the City unilaterally
to terminate this Agreement without cause, and also does not apply to Section III,
which governs payment. The City's and Harris County's writes and obligations
C:\ WP50\CLPlPIER_6.AGR Concession Agreement, page 7 of 9
e e
regarding payment are more specifically set forth in the Agreement between the
City and Harris County dated Aoril 12. 1994.
XIV.
This instrument contains the entire Agreement between the parties related to the
rights herein granted and obligations herein assumed. Any oral or written representations
or notifications concerning this instrument shall be of no force or effect excepting a
subsequent modification in writing signed by both parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple
copies on this the /2+f<.- day of ~~ 1994 to become effective as provided above.
"CITY"
CITY OF LA PORTE .
A municipal corporation
BY: G{~ 1: ~
TITLE: C\~ Y'Y\~ '('" .
ATTEST:
~, " f~/
- '--
CITY SECRETARY
BY: 4rNC~
Linda Darnell Witt ~
TITLE: h/ )---;f.LA .J
- --
i
,
,
i
Concession Agreement, page 8 of 9
e e
CONCESSION AGREEMENT
EXHIBIT "A"
The t, 100 foot pier referred to in this agreement shall be the pier located on the following
described premises situated in Harris County, Texas, to-wit:
A 20 feet wide strip of land 10 feet on both sides of the herein described
centerline out of the Sylvan Beach Park on Galveston Bay in the City of La
Porte, Texas, out of the Johnson Hunter Survey, Abstract 35, Harris County,
Texas, and being more particularly described as follows:
Beginning at a set P. K. Nail marking the intersection of the centerline of an
existing wooden fishing pier and a wooden bulkhead.
Thence, in a Northwesterly direction, along the centerline of said wooden
fishing pier extended, a distance of 49.41 feet to a set P.K. Nail on the
southeast side of an existing parking lot for the POINT OF TERMINUS.
c:\ WP50\CLP\PIER_6.AGR ConcessIon Agreement, page 9 of 9
, . e
LEASE AGREEMENT
THE STATE OF TEXAS S
S
COUNTY OF HARRlS S
TillS AGREEMENT made and entered into pursuant to V.T.C.A., Government Code
S791.001 et seq. (the lnterlocal Cooperation Act) and V~T.C.A, Local Government Code
S332.021, by and between the City of La Porte, a municipal corporation under the laws of the
State of Texas, hereinafter referred to as "the City," and Harris County, a body corporate and
politic under the laws of the State of Texas, hereinafter referred to as "the County;"
WIT N E SSE T H:
WHEREAS, it is to the mutual benefit of the City and the County to provide public
parks for the residents of the City and the County; and
WHEREAS, the City is willing to reconstruct, operate and maintain a public fishing
pier, hereinafter called "pier," at Sylvan Beach Park, a Harris County Park, located in the City
of La Porte; and
WHEREAS, the County has provided to City the plans and specifications for the
reconstruction of the pier with no representation or warranty as to the suitability of same; and
WHEREAS, the City is willing to determine whether the reconstruction of the pier is
subject to the requirements of 42 D.S.C. S12.101 et seq. (The Americans With Disabilities
Act), V.A.C.S., Art. 9102, as amended, and other applicable laws; and
WHEREAS, the City is willing to modify the plans and specifications to the extent
required by applicable laws relating to the reconstruction of the pier;
NOW, THEREFORE, in consideration of the mutual covenants, agreements and
benefits to both parties, it is agreed as follows:
I.
Subject to the terms and provisions hereinafter set forth, County has rented and leased,
and by these presents does rent and lease, unto the City, for the term of thirty-two (32) years,
beginning April 1, 1994, and ending March 31, 2026, (unless sooner ended in accordance with
the provisions hereof), the following described premises situated in Harris County, Texas, to-
wit:
A 20 feet wide strip of land 10 feet on both sides of the herein described
centerline out of the Sylvan Beach Park on Galveston Bay in the City of La
Porte, Texas, out of the Johnson Hunter Survey, Abstract 35, Harris County,
Texas, and being more particularly described as follows:
Beginning at a set P.K. Nail marking the intersection of the centerline of an
existing wooden fishing pier and a wooden bulkhead.
ThenCe, in a Northwesterly direction, along the centerline of said wooden
fishing pier extended, a distance of 49.41 feet to a set P.K. Nail on the
Southeast side of an existing parking lot for the POINT OF TERMINUS;
~
, e .
hereinafter called the "premises," together with the right to use, along with
other users of Sylvan Beach Park, the parking lot adjoining the premises, and
the rights of ingress and egress to Bayshore Drive.
II.
Within thirty days after the execution of this agreement, the City, at City's expense,
shall modify the plans and specifications for the reconstruction of the pier to the extent
required by applicable laws, and shall commence to obtain all necessary permits from the State
of Texas, acting by and through the School Land Board and the Commissioner of the General
Land Office, the U.S. Army Corp of Engineers, and any other state or federal regulatory
agency having jurisdiction over the reconstruction and operation of the pier, and the City shall
do any and all other things necessary or required for the reconstruction of the pier. This
Agreement is subject to all of the requirements of the State of Texas, acting by and through the
School Land Board and the Commissioner of the General Land Office, the U.S. Army Corp of
Engineers, and any other state or federal regulatory agency having jurisdiction over the
reconstruction and operation of the pier. Notwithstanding anything herein to the contrary, or
that may be construed to the contrary, it is understood that the termination date of this
Agreement shall be the date the City ceases to meet the requirements of the State of Texas, the
U.S. Army Corp of Engineers, and any other state or federal regulatory agency having
jurisdiction over the reconstruction and operation of the pier, or March 31, 2026, whichever is
sooner. After the modification of the plans and specifications, obtaining of permits for the
reconstruction of the pier and doing all things necessary or required for the reconstruction of
the pier, the City shall notify the County of such fact, after which time the County shall
furnish to City, at County's sole cost and expense, at the Sylvan Beach Park site, all of the
materials required to re-build the pier, in accordance with the plans and specifications so
modified.
III.
After receipt of the materials from the County pursuant to Paragraph II, the City shall
commence to construct, or cause to be constructed, the pier in accordance with the plans and
specifications provided by the County. City shall construct the improvements in a manner so
as to be visible to operators of marine craft at all times, and not constitute a hazard to
operators of marine craft. City shall begin making improvements to the pier within one year
from the approval of this Agreement by the County's Commissioners Court.
IV.
(a) City will establish an escrow account, into which City shall deposit two thirds
(2/3) of all gross receipts from patronsusing the pier. The purpose of this escrow account is
to establish a self-insured fund for the future repairs to the pier, or for restoration of the pier in
event of damage or destruction to the pier, either from natural or other causes, which repairs
and restoration the City shall perform. City will continue to deposit, into the escrow account,
two thirds (2/3) of all gross receipts from patrons using the pier, until the escrow account
reaches a balance in an amount that produces buying power equivalent to $60,000.00 in the
year 1993, said balance being hereinafter called lithe $60,000.00 equivalent." During the term
of this Agreement, the $60,000.00 equivalent, as used herein, shall mean an amount that
would produce buying power equivalent to $60,000.00 based on the change, if any, in the
Houston, rexas, Average Consumer Price Index-All Urban Customers ("CPI-U"). The
calculation of the increase, if any, is set forth in subparagraph (f) below. In the event the
balance in the escrow account falls below the $60,000.00 equivalent, the City shall promptly
commence depositing two thirds (2/3) of all gross receipts into said escrow account so as to
increase the balance to the $60,000.00 equivalent. After the escrow account reaches a balance
t';
2
. e e
of the $60,000.00 equivalent, the City shall pay to County one-third (113) of the gross
receipts, as hereinafter defined. On or before the tenth (10th) day of January, April, July and
October, during the term of this Agreement, the City shall compute and pay to the County,
without demand, at the Office of the County Treasurer, the County's one-third (113) portion of
the gross receipts which are not required to be deposited by City into the escrow account,
covering the immediately preceding three month period. City shall accompany each payment
with a sworn statement, certifying as true and correct, the amount of gross receipts collected
pursuant to this Agreement for the immediately preceding three month period.
(b) The terms "gross receipts II I as used herein, shall include all money, and the
market value of all property and services received for entrance to or use of all or any part of
the pier. The term "gross receipts" includes the receipts from all sales, leases and rentals of
personal property of every kind and nature including, but not limited to, food, beverages,
equipment, supplies and services, received on or at the premises and pier. The term "gross
receipts" shall not include bona fide gifts and donations but shall include gifts and donations
which are solicited and/or received upon any representation (express or implied) or pretext that
the dono"r or some third party is or will be entitled to entrance to or use of all or any part of
the pier.
,
(c) City shall maintain an accounting system and records, which will clearly and
accurately reflect the collection of the gross receipts.
(d) County shall have the right, at any reasonable time to be determined by the
Harris County Auditor, to make periodic audits and inspections of the City I S records of the
gross receipts collected pursuant to this agreement.
(e) City shall operate and manage all concessions and collections of gross receipts
on the pier, in accordance with Paragraph XII herein. The amount of the fee charged for
admission on the pier shall not exceed $5.00 per person, unless the prior approval of the
Commissioners Court of County is obtain~. All other fees, rates and prices charged shall be
subject to the prior approval by the Commissioners Court of County. City shall post a
schedule of such fees, rates and prices at all times in a conspicuous place on or near the pier.
(t) On each anniversary date of this agreement, the $60,000.00 equivalent will be
adjusted by multiplying $60,000.00 by a fraction, the numerator of which is the CPI-U for the
immediately preceding calendar year, and the denominator of which is the CPI-U for the year
1993. The resulting number shall be the $60,000.00 equivalent for the year commencing on
said anniversary date. In the event the Consumer Price Index is discontinued, the Consumer
Price Index shall thereafter mean such index of prices published by the U.S. Government as
most nearly approximates the Consumer Price Index now published.
For Illustrative Purposes Only:
1994 CPI-U = 121.5
represents a 6.2 % increase
1993 CPI-U = 114.4
Example: If the amount of the $60,000.00 equivalent is $60,000.00 and the
increase required is 6.2 %, then the amount of escalation required
would be $3,720.00 ($60,000.00 x 6.2% = $3,720.00), and the
amount of the new $60,000.00 equivalent for the new year of the
Agreement would be $63,720.00 ($60,000.00 + $3,720.00).
1~""
,
.
3
.... . - - .
e e
V.
On or before January 31 of each year during the term of this Agreement, the City shall
furnish County with a detailed annual audit of the operation of the pier and premises, setting
out the amount of gross receipts, the amount deposited in the escrow account, and the amount
paid to the County, in a form approved by the Harris County Auditor, covering the previous
calendar year or portion thereof.
VI.
During the term of this agreement, the City will maintain the premises and pier in good
repair and will supply, at its sole expense, all labor, materials, supplies and equipment
necessary for the operation of the pier and premises." Repairs, costing collectively up to and
including $5,000.00 on an annual basis, may be made without the consent of the County,
provided, however, City will furnish written documentation of said minor changes" to the
County Engineer within thirty days after making such changes and repairs. Any repairs or
improvements which collectively cost in excess of $5,000.00 annually will require prior
approval by the County Commissioner of the precinct in which the park is located. City shall
not make any additional improvement, additions or alterations to the pier or premises not
provided for in Paragraph II above, without the prior written consent of County. In the event
City desires to make any design changes, changes, additions or additional improvements to the
premises or pier, City shall submit detailed plans and specifications for same, in advance, to
the County Engineer for approval.
VII.
City will neither place, nor cause to be placed, any sign, projection; advertisement, or
device of any kind whatsoever in said park or upon the sidewalks or streets within the park
without the prior written consent of the Commissioners Court or the County Commissioner in
whose precinct the park is located. City shall remove any and all said signs, projections,
advertisements or devices within thirty (30) days after termination of this agreement, whether
by expiration of the term or for any other reason.
VIII.
County shall have the right to enter upon the pier and premises at any time for the
purpose of inspecting the pier, premises and improvements located thereDn to insure that City
is properly maintaining same.
IX.
The County may lock the gates to Sylvan Beach Park at such times as the park is not
open to the general public, and the City shall have no rights hereunder during such times that
Sylvan Beach Park is closed to the general public.
x.
During the term of this agreement, City shall (a) pay all utilities on or for the pier and
premises, and (b) provide police and fire protection at the pier and premises.
XI.
In its performance under this agreement, the City shall observe and comply with all
applicable federal, state and local laws, rules and regulations.
,1 j
4
e e
XII.
City may enter into an agreement with a qualified and responsible person for the
operation, management, and routine maintenance of the premises and pier. Any such
agreement by City with such operator, shall be expressly subject to (1) the terms and
provisions of this agreement and (2) the prior written approval of the Commissioners Court of
the County.
XIII.
City will purchase and maintain during the term of this agreement a comprehensive
general liability insurance policy to cover City and County for any liability in connection with
the use of the premises with coverage in the amounts of not less than One Hundred Thousand
Dollars ($100,000.00) for injuries or death to anyone person, not less than Three Hundred
Thousand Dollars ($300,000.00). for injuries or death to more than one person in anyone
accident or occurrence and not less than One Hundred Thousand Dollars ($100,000.00) for
damage to or destruction of property in anyone accident or occurrence, or in the amounts of
the County's maximum limitation of liability under the Texas Tort Claims Act, as amended.
City shall furnish the County either the original policies or certificates that such insurance is in
full force at all times during the term of this agreement. At all times.during which the balance
of funds in the escrow account is an amount less than the $60,000.00 equivalent, the City shall
also maintain fire and extended coverage insurance in an amount sufficient to cover the cost of
materials and labor to rebuild the pier in the event of damage or destruction of same, either
from natural or other causes.
XIV.
City shall not allow any liens or any other encumbrances to attach to the premises.
XV.
In the event of damage or destruction of the pier and premises, whether partial or total,
City may elect to restore the pier and premises, using the proceeds of the escrow account, plus
other City funds as necessary, or City may elect to terminate the agreement, in which event
City will pay to the County, out of the escrow account, an amount deemed sufficient by the
Harris County Engineer to restore the pier, after which time the City shall refund one-half
(1/2) of the remaining balance in the escrow account to the County pursuant to Paragraph XVI
below.
XVI.
Either the City or County may terminate the term of this agreement, with or without
cause, at any time, by giving to the other party hereto at least ninety (90) days advance written
notice of its intention to do so, specifying therein the effective date of such termination. At
the termination of this agreement, w~ether by lapse of time or under any of the conditions or
provisions contained herein, the pier and all other improvements in the premises will become
the property of the County, and City will (1) peaceably and quietly yield up and surrender the
said premises and pier to the County, and (2) remit to the County, without demand, within
thirty days of said termination, one-half (1/2) of the balance of funds in the escrow account,
provided, however, if in the sole opinion of the Harris County Engineer, the pier is damaged
or in need of repairs or restoration at the time of such termination, then and in that event, the
City shall pay to the County, out of the escrow account, the amount deemed sufficient by the
i
"l i
"
." '.~.-.
, e e
Harris County Engineer to restore the pier, after which time the City will refund one-half (1/2)
of the remaining balance in the escrow account to the County.
XVII.
Any notice permitted or required by County to City may be given by depositing the
same in the United States mail, registered, return receipt requested, with postage and registry
fee prepaid, and addressed to City at the following address, to-wit:
City of La Porte
P. O. Box 1115
La Porte, Texas 77572-1115
Attention: City Manager
Any notice permitted or required by City to County shall likewise be in writing and
shall be delivered or deposited in the United States mail, registered, return receipt requested,
with postage and registry fee prepaid, and addressed to the County at the following address,
to-wit:
Harris County Commissioners Court
Harris County Administration Building
1001 Preston, 9th Floor
Houston, Texas 77002
Attention: Clerk of Commissioners Court
XVIII .
County reserves the right to grant permits and easements across the premises for the
purpose of providing utilities, provided, however, that such utilities do not unreasonably
interfere with the City's use of the premises.
XIX.
The County has set aside the materials, contemplated for the construction of the pier,
from its present inventory of materials, and the County does not contemplate incurring any
further or additional expense for materials pursuant to this agreement.
XX.
In the event of the County's default hereunder, the sole remedy of the City shall be to
terminate this Agreement.
XXI.
This instrument contains the entire agreement between the parties relating to the rights
herein granted and the obligations herein assumed. Any representations or modifications
concerning this Agreement shall be of no force or effect excepting a subsequent modification
in writing signed by all parties hereto.
IN, TESTIMONY WHEREOF, this instrument has been executed 10 duplicate
counterparts, each to have the force and effect of an original as follows:
(a) It has been executed on behalf of the County on the IJ-cfl. day of
() A.J- , 1994, by the County Judge of Harris County, Texas,
r
;"
,
e e
pursuant to an Order of the Commissioner's Court of Harris County, Texas,
sitting as the governing body of Harris County, authorizing such execution; and
(b) It has been executed on behalf of the City on the 14th day of
March , 1994, by its Mayor and attested by its City Secretary,
pursuant to Ordinance of the City Council of the City of La Porte, authorizing
such execution.
A TIEST: CITY OF LA PORTE
Lv 1
.~ ~ /:,/ i~
By: By/: f,/fJ?/?~'" (ll.? ~'!/
SUE LENES, City Secretary . NORMAN L. MA.LONE, Mayor
COUNTERSIGNED:
/
/
../.." _.-
By: . .....,?
JEFF LITCHFIELD
Director of Finance
APPROVED AS TO FORM: HARRIS COUNTY
MIKE DRISCOLL
County Attorney L~
By: .~~BR~E~-" :r~
INDSAY, County Ju<;te
Senior Assistant County Attorney
Registered with me this day of , 1994.
J. E. McCAIN
Building Superintendent
t"i
d' ~ '............n.._... L~L '7
. .
ORDER AUTHORIZING COUNTY JUDGE TO EXECUTE
A LEASE AGREEMENT BETWEEN HARRlS COUNTY
AND THE CITY OF LA PORTE
THE STATE OF TEXAS ~
~
COUNTY OF HARRIS ~
On. this, the Jd<t-.( day of elu~y- , 1994, the Commissioners Court
of Harris County, Texas, sitting as the governing body of Harris County, Texas, upon motion
of Commissioner ~-tL-~ , seconded by Commissioner
~ , duly put and carried;
IT IS ORDERED that County Judge Jon Lindsay be, and he is hereby, authorized to
execute a Lease Agreement between Harris County and the City of La Porte, for the
construction, operation and maintenance of the fishing pier at the Sylvan Beach Park, upon the
terms and conditions as provided for in this Lease Agreement, being hereby referred to and
made a part hereof for all purposes as though fully set forth herein.
PRESENTED TO
Commissioners Court
f):-i:r.: i:l.P F, 1 2. 1994 /
:, -.,,"~ -'~--j70~'l~-'-:~,~fl---
........,..:-.........; ".. -" ,-.-:.-::..... '..--
!':
.
. . .
THE STATE OF TEXAS )
COUNTY OF HARRIS )
CITY OF LA PORTE )
I hereby certify that the attached and foregoing is a true and correct copy of
Ordinance 94-1967, passed and approved by the City Council of the City of La Porte
at the Regular Meeting of Council held March 14, 1994, at which meeting a majority
of the City Council was present and voted in favor of the passage of said ordinance,
and notice of which meeting was properly posted according to law, prior to the date
of such meeting, as said minutes appears on record in the minutes of said meeting.
To certify which, witness my hand and Seal of Office, this the 23rd day of
February, 1994.
S--R ~ 0 ~
Sue Lenes
City Secretary
"
. .
. .
ORDINANCE NO. 94- 1967
AN ORDINANCE APPROVING AND AUTHORIZING A LEASE AGREEMENT BETWEEN
THE CITY OF LA PORTE AND HARRIS COUNTY, FOR A PUBLIC FISHING PIER
AT SYLVAN BEACH PARK; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute such
document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents.
section 2. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and sUbj.ect 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.
'"
. . .
. .
ORDINANCE NO. 94-1967 PAGE 2
section 4. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
PASSED AND APPROVED, this 14th day of March, 1994.
CITY OF LA PORTE
1
By: )!m}/?t~ ///7/4
.Norman L.'" Malone, I
Mayor
ATTEST:
CS. ,., La ~
Sue Lenes,
City Secretary
APPROVED:
02;~ tC;p---z'
It'nox W. Askins, \
City Attorney
'"
j...
, ., . e
t,.
1 ;~\-.
1.;:.<,
; TJ~
i'l}
I~.
w-
I/ .
~f."
~...
if
j'
I.
l1'
;,
r;
I
!
!
,
~
I
J .
.:f
.;.; .
!
c
.
.
,
~.
-
j
, e
REOUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: December 12. 1994
Requested By: Steohen L. Barr Department: Parks & Recreation
Report Resolution XXX Ordinance
Exhibits: 1. Ordinance No.
2. Recommendation Memorandum from Stephen Barr
3. Ordinance Establishing Fees for Sylvan Beach
Fishing Pier
SUMMARY & RECOMMENDATION
The City of La Porte has negotiated an agreement with Linda Darnell
Witt to operate the pier concession at the Sylvan Beach Fishing Pier.
In conjunction with that agreement, staff has researched the piers in
the area and determined the admission fees charged at the various
sites. The admission rates proposed in this ordinance compare favorably
to those at other piers in the area. The proposed rates are:
Adul t s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3 . 00 per day
Senior Citizens (60 & over) ....... .$1.50 per day
Youth (under 12) .................. .$1.50 per day
Certified Disabled Person.. ....... .$1.50 per day, after the
first twenty-five (25) persons.
Our proposal is unique in that, if approved, the first 25 disabled
persons each day will receive free entry to the pier. No one else in
the area is specifically offering free fishing for disabled persons.
Staff does not anticipate that there will generally be more than 25
disabled persons per day, but felt it necessary to impose a limit to
prevent the potential for monopolization and to assure access by non-
disabled persons. Staff does not believe that this provision will
cause undue financial burden on the City, the County, or the
Concessionaire, and will provide additional recreational opportunities
and goodwill for the City.
Staff recommends the approval of the ordinance setting the admission
fees for the Sylvan Beach Fishing pier at Sylvan Beach Park.
Action Required by Council:
Approve the ordinance setting the admission fees for the Sylvan Beach
Fishing Pier.
Availability of Funds:
General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other
Account Number: Funds Available: YES NO
Aooroved for Citv Council Aqenda
~~ T. ~ 1?--1 -qLf
Robert T. Herrera Date
City Manager
. -
ORDINANCE NO. 94---2006
AN ORDINANCE ESTABLISHING FEES FOR SYLVAN BEACH FISHING PIER;
FINDING COMPLIANCE WITH THE OPEN MEETING LAW; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
The City Council for the City of La Porte, by this Ordinance, establishes fees for Sylvan
Beach Fishing Pier.
City Council has sought to establish fees which will amortize the initial costs to provide the
facility, to increase use and access to the facility by all community groups.
City Council hereby establishes its firm policy, in fairness to all users, that no waiver of fees,
discounts from fees, or deviations from this published schedule of fees, shall be allowed by
City Council nor by City Administrative Staff.
City Council will review the income and expenses of Sylvan Beach Fishing Pier, and will
make appropriate adjustments to the fees as conditions warrant.
SECTION 1. The Sylvan Beach Fishing Pier shall be open seven (7) days a week at a daily
rate, as follows:
Adults ............................................. $3.00
Senior Citizens (Over 60) ............................... $1.50
Youth (Under 12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1.50
Certified Disabled Person ............................... $1.50
Note: The first 25 disabled people will be admitted free of charge each day.
To obtain free or discount rate, the disabled person must present the Texas
Department of Transportation Disabled Person Placard.
SECTION 2. The Sylvan Beach Fishing Pier will be subject to reasonable rules and
regulations, which shall be promulgated by the Director of Parks and Recreation or his
designee, with the approval of the City Manager. The City of La Porte reserves the right
to refuse any person, firm, or group, for lewd or immoral purposes, or where the activities
of such group may reasonably be expected to result in a breach of the peace, or cause a
threat to public health or safety.
SECTION 3. The City of La Porte has entered into an agreement with Linda Darnell
Witt, Concessionaire, who shall operate and manage the Sylvan Beach fishing pier and
concessions in its entirety.
SECTION 4. Neither the City of La Porte, nor the Concessionaire, shall make any charge
for parking at Sylvan Beach Park.
. .
Page 2
Ordinance No. 94- 2006
SECTION 5. If arty section, sentence, phrase, clause or any part of any section, sentence,
phrase Qr clause, of this Ordinance shall for any reason, be held invalid, such invalidity
shall not affect the remaining portions of this Ordinance, and it is hereby declared to be
the intention of this City Council to have passed each section, senten~e, 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 6. The City Council officially finds, determines, recites and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall of the City for the
time required by law preceding this meeting,. as required by the Open Meeting Law,
Chapter 551, Texas Government Code; and that this meeting has been open to the public
as required by law at all times during which this Ordinance and the s~bject matter thereof
has been discussed, considered and formally acted upon. The City Council further ratifies,
approves and confirms such written notice and the contents and posting thereof.
SECTION 7. This Ordinance shall be effective from and after its passage and approval.
PASSED AND APPROVED this the 12th day of December, 1994.
CITY ~ LA PORTE '
By: )/~1./hf'11~d,
Norman Malone, Mayor
Al-lbST: /~
~
City Secretary
APttv;/~
City Attorney
. .
CITY OF LA PORTE
Dt._.:;~ber 1, 1994
TO: Robert T. Herrera, City Manager .i-
. FROM: Stephen L. Barr, Parks and Recreation Director
SUBJECT: Staff Summary and Recommendation of Ordinan e Establishing Sylvan Beach
Fishing Pier Admission Rates
I have gathered some information about surrounding piers in the area that may be of interest in our
current effort to determine equitable admission rates for our "new pier", as follows:
a Pine Gully Park - closest proximity to Sylvan Beach - rates are $2.00 per car, resident,
$4.00 per car, non-residlfnt - gives access to picnic area, nature trails, pier and fishing
rights .
a Seawolf Park - located on Pelican Island, which is north of Galveston Island - rates are
$3.00 for parking, $2.00 for adults, $1.00 for children - gives access to park, pier and
"fishing where permitted", according to their sign.
a Flagship Hotel - located on the seawall in Galveston - no daily rate (per sign); ostensibly
for hotel guests only, though apparently not stringently enforced.
a 61st Street Pier - also located on the seawall in Galveston - rates are $3.00 for adults,
$1.50 for children and seniors - gives access to pier only.
0 91st Street Pier - also located on the seawall in Galveston - rates are $5.00 for adults,
$2.50 for children and seniors - fee gives access to pier only.
0 The Galley - located just north of the Bay town Tunnel in Bay town - per sign, fishing is
free from pier if bait purchased from their marina - currently, the pier is closed for the
season.
Based on the above observations, and several conversations with Mr. Witt, I am recommending that the
the following rate structure be considered:
(
0 Adults $3.00
Children under 12 $1.50
Seniors 60 and over $1.50
Certified Disabled Person Free of Charge for first 25 each day. $1.50 for
subsequent patrons
, e
pier rates, page 2
These rates compare favorably to the other sites described above. Because this is a joint venture with
Harris County, I do not believe that a resident, non-resident rate is appropriate for our pier.
Limited free use by Disabled Persons, if approved, would be a very good public relations tool (fishing
is one of the few sport/pastimes that lends itself to mentally and physically challenged individuals), and
apparently no one else is offering free fishing for the handicapped (except The Galley). I do believe it
would be necessary to impose a limit of some kind. Free unlimited access by disabled persons could,
at some point, have the potential for monopolization of available space by handicapped persons, thus not
allowing others access to the pier. I do not believe that this proposal would cause an inordinate financial
burden if implemented, based on the imposed limit of 25 individuals free each day; in fact we probably
would never have more than 25 disabled persons per day at the pier.
Another reason these prices were chosen is to simplify cash management procedures such as bookkeeping
for the City, and changemaking for the Concessionaire. According to the Agreement, the revenues are
to be split into equal thirds between the City, Harris County, and the Concessionaire. This price
configuration accomplishes those targets and offers a fair and equitable return to the City on its
investment toward recreational opportunities for its citizens as well.
Staff recommends the approval of the Sylvan Beach Fishing Pier Admission Rates as proposed. Should
you have any questions or desire further information, please contact me.
SB/pieradfe. mem
xc: John Joerns, Assistant City Manager
. e
I
REO.~ "Q~. ~J.TY COUN~L AGENDA.- ITEM
Agenda Date Requested: December 12. 1994 It
Requested By: Sue Lenes ~ Department: Administration
Report Resolution XX Ordinance
Exhibits: 1.) Evaluation criteria
2.) MIS Evaluation of Software
3.) References of Offerors
4.) Proposer's List
SUMMARY , RECOMMENDATION
Sealed proposals for Recodification of Municipal Codes for the City
of La Porte were opened on September 6, 1994. Proposal requests
were mailed to four (4) publishing firms with three (3) returning
proposals.
After evaluating the submittals based on the criteria set forth in
the request for proposals, staff recommends awarding the contract
to Municipal Code corporation. Municipal Code Corporation's
proposal of $11,015 is second to Book PUblishing's $10,495 and
Amer ican Legal's $11, 765. Municipal Code's software wi 11 interface
more easily with our current system, their code book is
prOfessional in organization and appearance, they will assign an
attorney to our project to assist with it completion, and they have
provided two hundred nine (209) references in the State of Texas
who are currently using their services. Municipal Code is also our
current supplier.
Twelve Thousand Dollars ($12,000) was allocated in this year's
budget for this project.
Action Required by council: Approve the execution of a contract
with Municipal Code corporation for the Recodification of the Code
of Ordinances for the city of La Porte.
Availability of Funds:
X General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other
Account Number: 001-600-600-602 Funds Available: XX YES __ NO
ADDroved for citv Council Aaenda
G~~;k 1-: llR~__ I '1..-1-Q ~
Robert T. Herrera DATE
City Manager
e e
ORDINANCE NO. 94- 2007
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY
OF LA PORTE AND MUNICIPAL CODE CORPORATION, TO REFORMAT, RECODIFY
AND CONVERT THE CITY OF LA PORTE'S EXISTING MUNICIPAL CODE, AND TO
PROVIDE HARD COpy AND COMPUTERIZED FORMAT VERSIONS; APPROPRIATING
NOT TO EXCEED $11,015.00 TO FUND SAID CONTRACT; MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
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. The City Council appropriates the sum not to exceed
$11,015.00 from the General Fund Account #001 600 600 602 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, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this Ordinance ~nd 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.
"./. .'.-1
e e
ORDINANCE NO. 94- 2007 PAGE 2
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 12th day of December, 1994.
CITY OF LA PORTE
By: /i~~,
rman L.. MAId{), -,
Mayor
ATTEST:
~ :I~
Sue Lenes,
City Secretary
At;;;: :/
. t?# ~q;.J
"
Knox W. Asklns,
City Attorney I
I
I
t
e e
EVALUATION CRITERIA
1. OVERALL PRICE:.
Book Publishina American Leaal MuniciDal Code CorD.
$ 8,745.00 $ 8,345 $11,015
Based on 400 pages Based on 310 pages Based on 450
additional 17.50 @ each additional pages no additional
18.00 @ if more pages
BASED ON 500 PAGES OF CODIFIED MATERIAL TBA FOLLOWING WILL BE ~aA
ACTUAL COST PER INDIVIDUAL RESPONDER
Book Publishinq American Leaal MuniciDal Code CorD.
$10,495 $11,765 $11,015
2. SOFTWARE
Book Publishina American Leaal MuniciDal Code CorD.
Code Master Folio Socrates
(See Attached Memo)
3. REFERENCE~
(See Attached)
4. ORGANIZATION OF CODE BOOK
All three are professional in organization and appearance.
Municipal Code and Book Publishing are more aesthetical in
appearance.
5. DELIVERY
Book Publishinq American Leaal Municioal Code Corn.
2 months preparation Deliver in 6 months Assign an Attorney
of Ordinance Analysis after receipt of to work with the
and Report --- material deemed city Attorney,
Municipality must: necessary by pub- recodify 1970 Code,
Review; hold editorial lisher to begin, 1 include subsequently
conference W/BPC; copy of manuscript passed ordinances for
amendatory action; - for examination. new Code-after proofs
3 months for BPC to Deliver to City are reviewed by city
prepare manuscript- within 3 month of (45 days allotted) -
Municipality must - receipt of 6 months after
Review proofs - corrected manuscript receiving contract
1 month for BPC to Code will be and material (exclude
deliver delivered time required by
City) Code will be
delivered
,;: CITY <lj LA POR.l.~ e
Th'l'EK-OJr~It.;E MEMORANDUM
0
(,
0
0
To: John Joerns, Assistant City Manager -' ,
Louis Rigby, Director Admin. Services 11I~1I11111111111~:-=J.-"f -~ I
Sue Lenes, city secretarY~
From: Larry Mabe, MIS Manager \ fv-f-. //~ =-;~m\
Managemenll'lformadon Services
Date: November 16, 1994
subject: Review of Text Retrieval Applications for Code of Ordinances
Several weeks ago I attended a demonstration of several software
applications proposed for on-line retrieval of the Code of Ordinances
text.
Each satisfied the, basic function of searching the codes for sections
that contain a match of "key words" entered by the user for viewing the
selected sections, exporting them to WordPerfect, and printing them.
Of the applications offered, I found two of them that were best suited
for La Porte's current needs. These were "CODE Master," offered by Book
Publishing Company, and "SOCRATES," offered by Municipal Code
corporation. From the users standpoint, these two applications were easy
to use and featured intuitive functions.
The highlights of each of these are as follows;
SOCRATES:
This application is a scaled-down version of the ISYS software. It
does not have the ability to make code amendments or to directly add
new codes. The ISYS software would have to be purchased to provide
full in-house maintenance of the codes. I feel that ISYS would be
too complex for the average user doing research.
Whenever code supplements are added to the La Porte's codes,
Municipal Code Corporation's codification service ships the entire
Code of Ordinances on disk. These would contain the new or modified
codes as well and are already indexed. The only thing required of
the user is to load the updated codes into the computer.
SOCRATES is available in a network version, (three concurrent users
is proposed). This will allow, as example, Administration and Code
Enforcement research access of the codes without conflicts.
The "synonym" search capability could be quite useful in locating
codes that refer to a common subject such as animals but have
statements containing other words such as PETS, REPTILE, MAMMAL,
BEAST and LIVESTOCK.
This software interfaces with WordPerfect to allow extraction and
modification of sections for proposed code amendments.
This software will allow the archiving of the old complete code each
time a code update is received. This is useful in research of codes
before they were amended or rescinded.
. . CO,!)E Master: e e
The CODE Master software is easy to use. The user, after using the
proper password, has the ability to make code amendments or directly
add new codes. No other software must to be purchased to provide
full in-house maintenance of the codes.
Whenever supplements are to be added to the La Porte's codes, The
city could use Book Publishing company's codification service for
updating the database and printed codes or do it in-house.
CODE Master is available in a network version, (license is sold per
user). Conformation, in writing, should be obtained that states the
proposal provides for three users to have access to the codes
concurrently.
The software utilizes a text search approach and does not have to be
indexed. This will result in a slower search time than the SOCRATES
software using an index. This may not be an issue due to the smaller
size of our Code of Ordinances.
I did not see that CODE Master had a "synonym" search capability.
This software had an excellent interface with WordPerfect. It was
the primary method of extracting and making modification for code
amendments.
There is no indication that this software will allow the archiving
of the old complete code each time an update is made.
If the city would like the most accurately maintained database of the
Code of Ordinances, I would recommend awarding the proposal made by
Municipal Code Corporation. The initial cost may be more, but the staff
would be assured that the code being viewed is the most current that has
been codified.
If it is the city's intention to do in-house updating of codes from the
start, I would recommend Book Publishing company's proposal. The validity
and accuracy of the codified text would then depend on the assigned user.
The City in this case does have a choice of having them done
professionally or in-house as I indicated above.
These recommendations are made without any evaluation of the suitability
or ability of either company to provide codification services for the
city of La Porte.
e e
November 22, 1994
MUNICIPAL CODE CORPORATION
City of Deer Park - city Secretary Sandra Watkins stated City of
Deer Park has always received their supplements in a timely manner.
MCC has fulfilled their contractual obligations as stated in their
contract with Deer Park. She is very satisfied with their work.
City of McAllen - City Secretary Leticia M. Vackek stated MCC was
not their lowest bidder but McAllen decided to go with them because
.__~they had the background and experience necessary to recodify the
McAllen code book. Very happy with their work and McAllen uses
ISYS. Very happy with Isys. She has system on network and finds
it very beneficial.
Sherman - City Secretary Helen J. Friend stated Sherman is very
pleased with MCC. They have used them since the 70'S and
recodified in 1991. MCC sent their Attorney to work directly with
her and their city Attorney. Sherman does not used the computer
system but they plan to do so in the future.
- e
CITY OF LA PORTE I7nHl AL0l
INTEROFFICE MEMORANDUM SEP21199~ ll'
SEPTEMBER 20, 1994 l.=:J \J~LJ LJ L:J (I:)
.----------------------------
TO: SUE LENES, CITY SECRETARY
FROM: SUSAN KELLEY, PURCHASING AGENT~
SUBJ: REFERENCES FOR RFP#0057 - RECODIFICATION OF MUNICIPAL CODE
Per our conversation, I have contacted several of the references provided by
American Legal and Book Publishing. Following is a brief summary of their
comments.
AMERICAN LEGAL REFERENCES
Ci ty of Austin, Charles Brothers (legal) - has been satisfied with them,
changed sonie of the specs while in process and American Legal made
changes as necessary.
City of Cleburn, Jeaqne Thompson (legal) - just received first draft,
impressed with the editorial comments. Will be using Folio in . the
future, excited about capabilities presented in demo. Enjoys working
with Pat and other representatives.
City of Dallas - Kelly Shurs (legal) - said American Legal did a great job,
completed on time. Software works good.
City of Greenville - Patti Merrell - very impressed, completed in timely
manner, very happy with personnel. Not using software because of cost,
however looking into it for future use.
"
City of Kermit - Wayne (City Mana,ger) - just received draft, but very happy.
Impressed wi th' index, sirnpl~ ~nough to quickly find any code.
;-.1
BOOKPpBLISHING REFERENCES
City of Grapevine- Jodi Bro~n - uses CodeMaster qnly.and loves it; very easy
to use.' Puts all agenda items on WordPerfect~ then transfers what is
needed to CodeMaster, which a:lJ,.ows her to type 'tp.ings once.
. H~
" I. t
: City of Santa Monica ~ Rita ~~as ~ot there dur.iu~ r.e~op~fication, but very
. . . ,. . ~
impressed with CodeMaster. She said the code book is easy to read and
the index is simple to use..
City of Gardenia, CA - May Doi - Book Publishing was very responsive to
questions and needs. . CodeMaster easy to use. Very well satisfied
overall.
If you require more information, please do not hesitate to contac~.me.
. e
BIDDER'S LIST
RFP #0057 - RECODIFICATION or MUNICIPAL CODE
AME~ICAN LEGAL PUBLISHING CORP BOOK PUBLISHING COMPANY
432 WALNUT STREET 201 WESTLAKE AVENUE NORTH
12TH FLOOR SEATTLE, WA 98109-5293
CINCINNATI, OHIO 45202
CODED SYSTEM CORPORATION MUNICIPAL CODE CORPORATION
120 MAIN S'l;'REET 1700 CAPITAL CIRCLE, SW
AVON, NJ 07717 TALLAHASSEE, FL 32304
CHAMBER OF COMMERCE BAYSHORE SUN PVBLISH DATES:
P.O. BOX 996 AUGUST 21, 1994
L!\ PORTE, TX 77572-0996 AUGUST 28, 1994
,.
. .
e e
tUEST FOR CITY COUNCIL AGENDA ITE'
Agenda Date Requested: December 12. 1994
Requested By: Charles Harrinaton C~~ Department: Plannina
X Report Resolution X Ordinance
Exhibits:
1. Memo Regarding Pier
2. Proposals for Work
3. Ordinance
""","1..1 1I,IIJ.1.1 11,.."",,,"",,,, 11111,,1 '"""'""11""""","""'''''''''''''''''''''''''''''''''''' ,,,,,,,,,,,,,,,,,,,,,,,,,,, """""'.,,,,,,,, """"""""1.111111"""'.,.","
SUMMARY & RECOMMENDATION
Summarv
On September 12, 1994, City Council authorized a contract with Galveston Bay Land &
Marine, Inc. for the reconstruction of the Sylvan Beach Pier.
During the construction process, it was noted by staff that two sets of old pilings have
been creating marine hazards in the area as well as detracting from the beauty of
Galveston Bay. In addition, one set of pilings, which are below the water surface, will
create an obstruction to individuals fishing from the new pier.
As stated in the attached memo, the staff received a quote from the pier contractor for
removing the pilings. The cost, as shown on the attached bid quotes, are in the amount
of $10,000 for the pilings exposed to the north and $18,000 for the submerged pilings to
the south. Due to the expense involved, the staff worked with Harris County to share 50-
50 in the cost of removing the pilings, reducing the cost to the City from $28,000 to
$14,000.
"
,
Recommendation
Staff recommends that the Council authorize the City Manager to Issue a change order
to the contract with Galveston Bay Land & Marine, Inc. In the amount of $28,000 for the ! .... ,.' '. ",. ,.., ., "'~""~~':'"'-." .'~
:e,."::,,,~ of:."} ;.ll'X-;' ~.~:7;-r"->,~' ~ removal of the abandoned pilings at Sylvan Beach. Fifty percent of the cost of the
change order will be borne by Harris County.
Action Required by Council:
Approve ordinance authorizing the City Manager to execute a contract change order in
the amount of $28,000 with Galveston Bay Land & Marine, Inc. for the removal of
abandoned pilings at Sylvan Beach, fifty percent of which is to be paid by Harris County.
Ava'i1abiHty'o""F'lJnds:' ", , ".. ~....I." d, ".". ..' ." " , , '"~ ",'" "," ,,,',, ,I, " .....1.'."..".""."......",,,,,,,
- General Fund - Water/Wastewater
- Capital Improvement - General Revenue Sharing
X Other
Account Number: 015-200-213-001 Funds Available: YES NO
"'I II, " , . """" ,,,' """"''''''''''''.''''''.'''''"11'" ",' ,,"" ..." '" """ ,,,,,""",,..,, """"'.".."..,.,,,....
Aooroved for Cltv Council Aaenda
Q~T, ~ n~'1-9Y
Robert T. Herrera DATE
City Manager
e e
ORDINANCE NO. 94- 2008 .
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT CHANGE ORDER
BETWEEN THE CITY OF LA PORTE AND GALVESTON BAY LAND' MARINE, INC.,
FOR REMOVAL OF ABANDONED PILINGS AT SYLVAN BEACH; APPROPRIATING NOT
TO EXCEED $14,000.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS
AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
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. The City Council appropriates the sum not to exceed
$14,000.00 from Fund No. 015-200-213-001 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, Chapter 551, Texas Government
Codej 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.
e e
ORDINANCE NO. 94- 2008 PAGE 2
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 12th day of December, 1994.
CITY OF LA PORTE
By: ltnl?4~~1
N6tman . 1 ne,
Mayor
ATTEST:
~"'Q ~o/
Sue Lenes,
City Secretary
~
stronq,~ ~~
City Att r :r.. .
~
e e
;:!;,..:;::::::;:;:;i;:;:;:;::;;::<!:;.::::.::j;,j.:!:,:i.::..:::;.:,:: :.......:.,.. .:: .>.::.:.. .: .:: (j~~"~.:..€JFf.;~:;~()~.:.:\:::.:.:;..::.;::>:<.::.:.:::::::::.::.:.: ,-:. ::::.:./j::;.:::i./...\:::::-::.....:.: ..:: :.::.:.:11\11.
.I~..-
TO: Robert T. Herrera, City Manager
John Joerns, Assistant City Manager
FROM: Charles Harrington, Director of Planning &/
SUBJECT: Sylvan Beach Pier
As you may recall during previous conversations, my Department has been quite concerned
about two sets of pilings in the immediate area of the rebuilt fishing pier at Sylvan Beach.
On the north side, approximately 100 yards from the pier, is a set of pilings visible about
four feet above water level. On the south side is a set of pilings, approximately 30 feet from
the pier, and visible only during periods of low tide. Both sets of pilings are hazardous to
marine traffic and the pilings on the south will hinder fishing from the new pier. In fact,
during an inspection tour, Mr. McPhail observed a boat striking the pilings on the south side
of the pier.
In an effort to remove obstructions and enhance the visual appeal of the bayfront area, we
asked for and received quotes from the pier contractor for removal of the offending pilings.
I have attached both proposals for your perusal.
As you can see, the cost for removing both sets of pilings is $28,000 (the pilings on the south
side are $ 18,000, as they are completely submerged), an expensive undertaking for the City
of La Porte. We have, however, been in contact with Harris County Precinct 2 on this
problem and they have indicated a desire to participate 50-50 on this project. This reduces
our share to only $14,000, which will greatly enhance our bayfront and remove two marine
hazards.
In order to pay for this proposal, I would suggest we consider using monies from the fund
established by Mr. Berdon Lawrence's contribution for the bayfront This account has
$136,938 currently, with $69,134 encumbered for the current pier reconstruction contract.
This leaves a balance of $67,804, which is more than adequate for proposed piling removals.
If this proposal is acceptable to you, please let me know as I would like to place a contract
change order in the amount of $14,000 on the City Council Agenda for December 12.
Thank: you for your consideration.
,',; ,-." "" ,','
., . .." ,... ,', . . ,. '. . ,'.
NOV 28 '94 08:57AM' 40941j6-3215 e P'.Vi
GALVES'l'ON BAY
.
- I ,"'." Land&~_!.~e
.: ,.. , .j'," ',''', . .,,".' " j.
. . ~ ", .." J.~, ,.rJ~I:I:' . ;. "BI1~.!
. SIDwell, TX 77661-0500
'!'
~Ii :"1illl i I [
: \i .~ ::'r,~ ::1 i, t
~'...~I r.t }"
"'.,' . idi~~. ;.-
..;.....
il'I;II:' 'Itv'
i ,,'iji'ff~t.l.'
, ,..~. '-"I .
: ;:l?~;,.''': I
, ~ :-:i~ . II') 1.. f '
. ~,~~', IJ;.. ~~; :
FROM: DEWAYNE STRATTON: , ' .. , 32(,''7~ .
GALVESTON BAY LAND & MARINE
. _. .c.,... FAX :-'';'."#,71'j'':''4:'71:;'.716"8--'' .,,-':.'. ...~;;...' ."'''.'''' ._~ .,.,.;', ' . ...' .:,. ~ ,.,...;.,:........._" "" ............... - ,-...,. . ....., ""-"':.' ,....-..
'J("'I'."- "7 ". . - . .... .-' ., -'''\t'' ~" . /Jt
. .., ,'. ..,
TOTAL PAGES: 01
PRICE
. .
TO PULL PILING ONi.SOUTH SIDE OF FISHING PIER . ~lS, 000
;
..
\
l'HO~ (400) '252-."l215 . m:\) 6~
I I
12-02-94 04:22 PM e e P02
. " ..
, .
- NOV 09 194 la9=la6AM 4ag.-296-:3Z15 Fl. 1/1
-
GAL VES~ON BAY
"
Land . Marine, Inc.
'!' P.O. Box 500
StoweD, TX 17661..0500
.-......-..... .-." ..- . . ".,. . ",. .. .....-.. ._--..... u..., .. ~......_
TOt MIKE GREEte I . . ..' ~ ~ .
, HARRIS .COUN'rY' '.' ".
. ....: '.' '.' .' . -. . "'.':. '. .
"--';"";"."" .......__~.._.I';~~....w~ " ..~;,~.....:.~...:.~,~~'.l!~. .~.......:~ '.<t>~:'~"'::":"':"';':~'~_'>-~:"k'~'< ,.:,:.:......~~::.:.;~~..~...:.e~.:-:..~~...:_:~~;.:.:..-ifij.;.:. '",-~"'l .;,:. ..l.~.~.......~c--....... ......J . . ..s....;.:
f~O~ I" G~,L Y!:~TON 8A~ J,AND , MARINE ':'" "1-'
~ ' -) '-~J ANDY' THORNTON ,
:,-..'j' ,h
. .. -- , . "
FAX' 713 326-3804
._-. -
.. , . ... . .......
.... . .. . '., -.. .
PULL ).PPROX~MATSLY 150 PILING FOR THE AMOUNT OF $lO~ 000: '.
Jk.I~
! : tkf,
,:" , - ~ ) r
, ,. ~;~~fF~cLd4~
~~{;I~
':. .' ....
; T "
., .
. e
t
REQUEST FOR CITY COUNCIL AGENDA ITEM
e. e
Agenda Date Requested: December 12. 1994
Requested By: Charles Harrinoton (!.I' /- Department: Plannino
X Report Resolution X Ordinance
Exhibits:
1. Letter of Transmittal and recommendation from the Planning and Zoning
Commission.
2. Ordinance renaming a portion of West "MOl Street.
...,.,.....,.,...'.,.1.'..101.1.,'.'...'.,..........1...'.'.",..,.,..,......".,.., . ~.,,' " ......,..,.,...... .........".,,,..,.,", "...., I,.. '~".'I", .."...,.......,,'....,..1....... ..,,,...,..,,, ...., .... "." ""." ",....... . '...~"hhl.
SUMMARY & RECOMMENDATION
Summarv
The Planning and Zoning Commission, at its November 17, 1994, meeting, made a
recommendation to rename the four block section of West "M" Street that connects State
Highway 146 and Little Cedar Bayou Park. "M" Street provides all vehicular access to the
City's park. With completion of the street improvements currently underway, this access
will be extended to Highway 146. For these reasons, it Is appropriate to give the street
a name that ties it to the park thematically and identifies it as the entrance corridor. The
Commission recommends changing the name to "Little Cedar Bayou Drive". An
ordinance officially adopting the new name Is attached.
/. Recommendation
.
Staff concurs with the Planning and Zoning Commission and recommends that the street
name be changed to Little Cedar Bayou Drive.
Action Required by Council:
Consider approval of the attached ordinance.
Avaliab'iIily"ot 'Fiirids:""N/A" . ................."... .....""....... ...................,.........................,...,........................ .... ..............,.,... . ..,..,.,...........,......
- General Fund - Water /Wastewater
- Capital Improvement - General Revenue Sharing
- Other
Account Number: N/A Funds Available: YES NO
."._....""",,,.......................,,,'...,',',....0.',.""".",.",...',',""h"'"",.,,~,.hh""""'''',...'".."..,."...."',..,","....."",.', ",,,",,,,.,,,,,_,,,,,,,,,,.1','.."""""'.""""""',""",....""",..,.,."'.'.'"'."",,,,.., ,."",..""...",.,'."'.1..'.'"..........,.,.".,.,_'.'.",
Aooroved for Citv Council Aaenda
6{~ I. ~ \ ~~I -tjl.{
Robert T. Herrera DATE
City Manager
.....
e e
ORDINANCE NO. 94- 2009
AN ORDINANCE CHANGING THE NAME OF SOUTH M STREET TO LITTLE CEDAR
BAYOU DRIVE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The name of South M street, from State Highway 146
to Little Cedar Bayou Park, is hereby changed to Little Cedar Bayou
Drive, and said portion of said public street shall hereafter be
known as Little Cedar Bayou Drive.
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, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
"
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, ,this 12th day of December, 1994.
c~ OF LA POR~
By: }r4JUdm#/; ~
rman L." Malone, Mayor
ATTEST: ~
~-
Sue Lenes, City Secre ary
OZ~
Knox w. Askins, City Attorney
" ......
,
e
City of La Porte
Established 1892
November 21, 1994
Mayor Norman Malone and City Council
City of La Porte
Re: Little Cedar Bayou Drive
Dear Mayor Malone:
The Planning and Zoning Commission, at its November 17, 1994, meeting, considered a
recommendation to rename a section of West "M" Street. The four block section of "M"
Street that is currently under construction will, when completed, connect Little Cedar Bayou
Park to Highway 146.
As this street is intended to provide access to the park complex, the name should have a
thematic connection to the park. The name that has been recommended is "Little Cedar
Bayou Drive".
The La Porte Planning and Zoning Commission, by unanimous vote, has endorsed this
choice of name. The Commission, therefore, recommends and requests that City Council
officially rename the referenced portion of "M" Street to "Little Cedar Bayou Drive".
Respectfully Submitted,
~cYtJ~
Betty . Waters
Chairman, Planning and Zoning Commission.
xc: Robert T. Herrera, City Manager
John Joerns, Assistant City Manager
John Armstrong, Assistant City Attorney
La Porte Planning and Zoning Commission
P.O. Box IllS -LaPorte, Texas 77572-1115 - (713) 471-5020
. e
~UEST FOR CITY COUNCIL AGENDA I~
AGENDA DATE December 12. 1994 REQUESTED BY Jeff Litchfield. Finance Director
_ REPORT; RESOLUTION; ORDINANCE; XX OTHER - INTERLOCAL AGREEMENT
The City of La Porte is currently a member of the TEXPOOL investment pool. In
the past, this pool has performed very well for the City of La Porte, however,
with the recent accelerated .increase in interest rates, the 90 day T-Bi11 rate
has surpassed the TEXPOOL rate.
A new pool was created in April of this year. The name of the pool is the
Local Government Investment Cooperative (LOGIC) Fund. This pool is similar to
the TEXPOOL fund in that it is very liquid. You are able to place deposit or
withdraw funds on a daily basis. The investment characteristics of the pool
differ from those of TEXPOOL. We have been watching the LOGIC Fund's
performance for the last several months and believe it would be in the City's
best interest to have the option to invest in the fund. We would continue to
use TEXPOOL while adding LOGIC, thereby providing more diversification of our
portfolio.
Attached is graph that tracks the performance of TEXPOOL, LOGIC and the 90 day
T-Bi1l rate for the last several months.
Also attached is a copy of the Interloca1 Agreement.
ACTION REQUIRED BY COUNCIL:
Approve Interlocal Agreement for LOGIC fund.
FUND N/A ACCT NUM: N/A FUNDS AVAILABLE: N/A
APPROVED FOR CITY COUNCIL AGENDA
Q~ T ~ J'Z-" 7-Ql.{
ROBERT T HERRERA, CITY MANAGER DATE
. e e
,.
-
Local Government InveoLJUent Cooperative Resolution
RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN
INTERLOCAL AGREEMENT FOR PARTICIPATION IN A PUBLIC
FUNDS INVESTMENT COOPERATIVE (THE "COOPERATIVE"),
DESIGNATING THE BOARD OF DIRECTORS . OF THE
COOPERATIVE AS AN AGENCY AND INSTRUMENTALITY TO
SUPERVISE THE COOPERATIVE, APPROVING INVESTMENT
POLICIES OF THE COOPERATIVE, APPOINTING AUTHORIZED
REPRESENTATIVES AND DESIGNATING INVESTMENT OFFICERS
r
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas
Government Code, as amended (the "Interlocal Act"), permits any "local government"
to contract with one or more other "local governments" to perform "governmental
functions and services," including investment of public funds (as such phrases are
defined in the Interlocal Act);
WHEREAS, the Interlocal Act authorizes the contracting parties to any .
interlocal agreement to contract with agencies of the State of Texas, within the
meaning of Chapter 771 of the Government Code,
WHEREAS, the Act permits the contracting parties to any interlocal
agreement to create an administrative agency to supervise the performance of such
interlocal agreement and to employ personnel and engage in other administrative
activities and provide other administrative services necessary to execute the terms of
such interlocal agreement;
WHEREAS, the Public Funds Investment Act, Chapter 2256 of the Texas
Government Code, as amended (the "PFIA"), authorizes the .entities described in
Subsection (a) of the PFIA to invest their funds in an eligible public funds investment
. pool, and the intends to become and remain an eligible public funds investment pool,
under the terms and conditions set forth in PFIA;
WHEREAS, City of La Porte
(the "Government Entity")' desires to enter into that certain Interlocal Agreement (the
"Agreement"), a copy of which is presented with this Resolution and is incorporated
herein by reference, and to become a participant in a public funds investment pool
created thereunder and under PFIA, to be known as Local Government Investment
Cooperative (the "Cooperative");
WHEREAS, the Government Entity is a Government Entity as defined in
the Agreement; and
WHEREAS, the Government Entity desires to cause administration of the
Cooperative to be performed by a board of directors (the "Board"), which shall be an
administrative agency created under the Interlocal Act; and ~"
-1-
270268.03
..... ".'-.""
. e e
.
WHEREAS, the Government Entity desires to designate the Board as its
agency and instrumentality with authority to supervise perfonnance of the Agreement,
employ personnel and engage in other administrative activities and provide other
administrative services necessary to execute the terms of the Agreement;
WHEREAS, each capitalized term used in this Resolution and not
otherwise defined has the same meaning assigned to it in the Agreement;
NOW, THEREFORE, BE IT RESOLVED:
1. The Agreement is hereby approved and adopted and, upon
execution thereof by an Authorized Representative (defmed below) and receipt
of the Government Entity's application to Join the Cooperative by the
Administrator, the Government Entity shall become a Participant in the
Cooperative for the purpose of investing its available funds therein from time to
time in accordance with its terms.
2. The Board is hereby designated as an agency and instrumentality
of the Government Entity, and the Board shall have the authority to supervise
perfonnance of the Agreement and the Cooperative, employ personnel and
engage in other administrative activities and provide other administrative
services necessary to execute the tenns of the Agreement.
3. The investment policies of the Cooperative, as set forth in the
document entitled Investment Policies, as summarized in the Information
Statement, and as may be amended from time to time by the Board, are hereby
adopted as investment policies of the Government Entity with respect to money
invested in the Cooperative, and any existing investment policies of the
Government Entity in conflict therewith shall not apply to investments in the
Cooperative.
4. The following officers, officials or employees of the Government
Entity are hereby designated as "Authorized Representatives" within the
meaning of the Agreement, with full power and authority to: execute the
Agreement, an application to join the Cooperative and any other documents
required to become a Participant; deposit money to and withdraw money from
the Government..Entity's Cooperative account from time to time in accordance
with the Agreement and the Information Statement; and take all other actions
deemed necessary or appropriate for the investment of funds of the Government
Entity:
f Litchfield
Title: Director of Finance
-2-
270268.03
t. - e
~
Signature: ~ ~L
Printed Name: Cynthia B. Alexander
Title: Assistant Finance Director
Signature: l' vi
/1', .
Printed Name: R1Ck Overgaard
Title: Cash Manaqer
In accordance with Cooperative procedures, an Authorized Representative
shall promptly notify the Cooperative in writing of any changes in who is serving
as Authorized Representatives.
5. In addition to the foregoing Authorized Representatives, each
Investment Officer of the Cooperative appointed by the Board from time to time
is hereby designated as an investment officer of the Government Entity and, as
such, shall have responsibility for investing the share of Cooperative assets
representing funds of the Government Entity. Each depository and custodian
appointed by the Board from time to time are hereby designated as a depository
and custodian of the Government Entity for purposes of holding the share of
Cooperative assets representing funds of the Government Entity.
PASSED AND APPROYED this Jdd day of fd,~, 192(
ATTEST: ~ /P/~
. By: ~~ By: If..4'?/(A
- l
S\..\. e... L -e I.J e s ~/"J S e.c..ef7 NO'r"W\I>r..] L. 1n;rlcJ Ne. (/}fh/nr
Prj~~~~ name and'title Printed Name and Title ,,)
-
..... -.
SEAL
..-
.' .-
..... .
-3-
270268.03
.-
- .... -... ,. "...... .,
e
.
.
\
Interlocal Agreement
THIS INTERLOCAL AG REEMENT (together with any amendments and
supplements, referred to as this "Agreement") dated as of April 4, 1994 is made and
entered into by and among each of those government entities initially executing this
Agreement and any other government entity that is eligible and becomes a party hereto
(collectively, the "Participants"),
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas
Government Code, as amended (the "Interlocal Act"), permits any "local government"
to contract with one or more other "local governments" to perform "governmental
functions and services," including investment of public funds (as such phrases are
defined in the Act);
WHEREAS, the Interlocal Act authorizes the contracting parties to any
interlocal agreement to contract with agencies of the State of Texas, within the
meaning of Chapter 771 of the Government Code;
.
WHEREAS, the Interlocal Act permits the contracting parties to any
interlocal agreement to create an administrative agency to supervise the performance
of such interlocal agreement and to employ personnel and engage in other
administrative activities and provide other administrative services necessary to execute
the terms of such interlocal agreement;
WHEREAS, the Public Funds Investment Act, Chapter 2256 of the Texas
Government Code, as amended (the "PFIA") authorizes the entities described in
Subsection (a) of the PFIA to invest their funds in an eligible public funds investment
pool;
- .
WHEREAS, each of the Participants qualifies as a government entity
under this Agreement;
WHEREAS, the Participants desire to establish and maintain a public
funds investment pool for the purpose of pooling their local funds for joint investment
in accordance with the Interlocal Act and PFIA and the terms hereof and providing
assistance to each other on investment alternatives and on other issues of concern to
the Participants;
WHEREAS, the Participants desire that the public funds investment pool
be entitled Local Government Investment Cooperative (the "Cooperative") and the
Cooperative be managed and operated by a board of directors, which shall be an
administrative agency created under the lnterlocal Act;
WHEREAS, each of the Participants has duly taken all official action
necessary and appropriate to become a party to this Agreement, including the adoption
of a resolution;
-1-
270158.06
I .-
e e
.
\.
NOW, THEREFORE, in consideration of the premises and the mutual
covenants and agreements contained herein, the Participants mutually agree as follows:
ARTICLE I
Definitions and Rules of Construction
Section 1.01. Definitions. Except as otherwise provided in this
Agreement, the capitalized terms used herein shall have the following meanings unless
the context otherwise requires:
Account - any account established by a Participant.
Additional Party Agreement - a document substantially in the form
attached hereto as an Appendix which, when attached toa copy of this Agreement and
executed by an Authorized Representative of a Government Entity, constitutes a valid
and binding counterpart of this Agreement and results in the Government Entity
becoming a party to this Agreement.
Administrator - The Trust Company of Texas, or any other person, firm
or organization approved by the Board and under contract to provide administrative
assistance in connection with the management and operation of the Cooperative.
Adviser - The registered investment advisor or advisers selected by or at
. the direction of the Board to provide advic'e regarding investment of Cooperative assets
pursuant to this Agreement and subject to applicable law.
Authorized Investments - those investments which are authorized from
time to time to be purchased, sold and invested in under PFIA or other applicable law
and further defined in the Investment Policies.
Authorized Representative- an individual authorized to execute documents
and take other necessary actions, pursuant to this Agreement, on behalf of a
Government Entity or other person, firm or organization, as evidenced by a duly
adopted resolution or bylaw of the governing body of such Government Entity or other
person, firm or organization, a certified copy of which is on file with the Administrator.
In the case of a Government Entity that is a combination of political subdivisions under
the Act, the Authorized Representatives of any administrative agency appointed by such
combination of political subdivisions shall be deemed to be Authorized Representatives
for such Government Entities.
Board - the governing body of the Cooperative, known as The Board of
Directors of Local Government Investment Cooperative.
Bylaws - with respect to the initial Participants, the proposed bylaws of
the Board presented to them, and after creation of the Board, its bylaws, as the same
may be amended from time to time, subject to the requirements of this Agreement.
-2.
270158.06
e e
\
Cooperative - the public funds investment cooperative created pursuant
to this Agreement.
Custodian - the person selected by or at the direction of the Board to have
custody of all money, investments and other assets of the Cooperative pursuant to this
Agreement and subject to applicable law.
General Manager - Southwest Securities Group, Inc., or any other person,
firm or organization which has contracted with the Board to provide general
management services to the Board.
Government Entity - a local government of the State of Texas, as defined
in the Interlocal Act or a state agency, as defined in Section 771.002 of the Government
Code, including but not limited to an incorporated city or town, a county, a public
school district, a district or authority created under art. III, Section 52(b)(1) or (2) of
the Texas Constitution, or art. XVI, Section 59 of the Texas Constitution, an institution
of higher education as defined by Section 61.003 of the Education Code, a hospital
district, or a fresh water supply district.
Information Statement - the information statement or any other document
distributed to Participants and potential Participants to provide them with a
description of the management and operation of the Cooperative, as the same may be
amended from time to time, subject to the requirements of this Agreement.
Interloca1 Act - the Interlocal Cooperation Act, Chapter 791 of the Texas
Government Code, as the same may be amended from time to time.
Investment Officer - one or more officers or employees of the Board
designated as investment officers by the Board.
Investment Policies - the written Investment Policies adopted and
approved by the Board governing investment and management of Cooperative assets
of different Portfolios, as the same may be amended from time to time, subject to the
requirements of this Agreement.
"Marketing Representative" - Broker Transaction Services, Inc. or any
other person, firm or organization authorized by the Board to promote the Cooperative.
Participants - the Government Entities that are the initial parties to this
Agreement and the Government Entities which subsequently become parties to this
Agreement.
PFIA - the Public . Funds Investment Act, Chapter 2256, Texas
Government Code, as the same may be amended from time to time.
Portfolio - a portfolio of assets in the Cooperative which are held separate
from other assets of the Cooperative and which are invested with a defined investment
-3-
270158.06
.~. '. ........ ""'_'M'. e e
.
. \
objective which may be different from other Portfolios in the Cooperative, and in which
a Participant may elect to invest its funds.
State - the State of Texas.
Units - equal proportionate units of undivided beneficial interest in the
assets of the Cooperative or of any Portfolio of the Cooperative from time to time,
including fractions of units as well as whole units.
Section 1.02 General Rules of Construction.
(a) Whenever in this Agreement the context requires: (1) a reference
to the singular number shall include the plural and vice versa; and
(2) a word denoting gender shall be construed to include the
masculine, feminine, and neuter.
(b) The titles given to any article or section of this Agreement are for
convenience only and are not intended to modify the article or
section.
ARTICLE II
Creation of the Cooperative; Purpose and Objective
Section 2.01. Creation of the Board.
(a) The initial Part~cipants hereby agree to jointly invest their funds
in a public funds investment pool, to be known as Local
Government Investment Cooperative (the "Cooperative") and to
create and establish a board of directors of the Cooperative (the
"Board"), as an administrative agency pursuant to the Interlocal
Act, to supervise the Cooperative.
(b) The Participants delegate to the Cooperative through its Board, the
authority to hold legal title to and manage all money, investments
and other assets transferred to or acq~ired by the Cooperative
pursuant to the Interlocal Act and this Agreement.
(c) As an agency and instrumentality of the Participants, the Board
shall have the authority to employ personnel, engage in other
administrative activities and provide other administrative services
necessary to accomplish the purpose of this Agreement.
Section 2.02. Purpose and Objective.
(a) The first purpose of the Cooperative is to provide Government
Entities with a variety of investment vehicles to best suit their
-4-
270158.06
e e
\
investment needs, with each Portfolio tailored to meet a specific
investment need.
(b) The second purpose of the Cooperative is to provide Government
Entities with a forum for discussion of, and to provide education
concerning, investments and other issues of concern in public
finance. In all cases, however, the Cooperative will have the
following investment objectives in order of priority: safety of
principal; liquidity in accordance with the operating requirements
of the Participants; and the highest rate of return.
(c) In order to accomplish the Cooperative's objective, each Participant
agrees that the money transferred to a Portfolio within the
Cooperative will be commingled with other money transferred to
the Portfolio by other Participants for the purpose of making
Authorized Investments, subject to the terms of this Agreement,
the Investment Policies and applicable law, thereby taking
advantage of investment opportunities and cost benefits available
to larger investors.
ARTICLE III
Cooperative AdminiRtration
Section 3.01. . The Board and the Bylaws
(a) The business and affairs of the Cooperative shall be managed by
the Board as governing body of the Cooperative.
(b) The Board is authorized to adopt Bylaws which shall set forth,
among other things, the initial Board members, the procedures
governing the selection of the members of the Board, the procedure
for holding meetings, the election of officers, and other matters
necessary or desirable for governance by the Board, and the right
of the Board, the General Manager, and other consultants to be
indemnified for damages arising from their actions in connection
with the Cooperative. By executing this Agreement, the
Participant consents to the Bylaws. By maintaining funds in the
Cooperative after any amendment to the Bylaws becomes effective,
the Participant consents to the Bylaws, as amended. The Board
has the right to amend' any term or provision of the Bylaws,
provided that notice is sent to each Participant at least 30 days
prior to the effective date of any change which, in the opinion of
the Board, is a material change to the Bylaws.
I
I
I
-5-
270158.06
e e
\
Section 3.02. Powers and Duties of the Board.
(a) Subject to applicable law and the terms of this Agreement, the
Board shall have full and complete power to take all actions, do all
things and execute all instruments as it deems necessary or
desirable in order to carry out, promote or advance the investment
objective, interests and purposes of the Cooperative to the same
extent as if the Board was the sole and absolute owner of the
Cooperative.
(b) The Board shall adopt and maintain Investment Policies, consistent
with the general objective of the Cooperative, which shall provide
more detailed guidelines for investment and management of
Cooperative assets. By executing this Agreement, the initial
Participants consent to the proposed Investment Policies, and the
subsequent Participants consent to the Investment Policies then in
effect. By maintaining funds in the Cooperative after any
amendment to the Investment Policies becomes effective, the
Participant has consented to the Investment Policies, as amended.
The Board shall, subject to the terms of this Agreement, have the
authority to amend any term or provision of the Investment
Policies, provided that notice is sent to each Participant at least 30
days prior to the effective date of any change which, in the opinion
of the Board, will have a material effect on such Participant's
investment in the Cooperative.
(c) The Board shall adopt and maintain Operating Procedures, which
shall provide more detailed information on the procedures' for
depositing and withdrawing funds from the Cooperative. By
executing this Agreement, the initial Participants consent to the
proposed Operating Procedures, and the subsequent Participants
consent to the Operating Procedures then in effect. By
maintaining funds in the Cooperative after any amendment to the
Operating Procedures becomes effective, the Participant has
consented to the Operating Procedures, as amended. The Board
shall, subject to the terms of this Agreement, have the authority to
amend any term or provision of the Operating Procedures provided
that notice is sent to each Participant at least 30 days prior to the
effective date of any change which, in the opinion of the Board, will
have a material effect on such Participant's investment in the
Cooperative~
(d) The Board shall designate one or more Investment Officers for the
Cooperative who shall be responsible for the investment of
Cooperative assets, provided that no person who is an officer or
employee of a regional planning commission, council of
governments or similar regional planning agency created pursuant
-6-
270158.06
---
e e
\
to Chapter 391 of the Government Entity Code of the State shall
be eligible to serve as an Investment Officer.
(e) The Board shall prepare, or direct the preparation of an
Information Statement that describes how the Cooperative will
operate in accordance with the terms of this Agreement and the
Investment Policies. Subject to the terms of this Agreement and
the Investment Policies, the Information Statement may be
amended or supplemented, notice of which will be provided to
Participants in accordance with the disclosure requirements of
PFIA.
([) The Board shall, subject to the limitations established in the
Investment Policies, have full and complete power and authority to
appoint a general manager and any other service providers deemed
necessary or helpful in the operation of the Cooperative.
(g) The Board shall provide, through peer review, seminars, computer
mail systems, or other means, information and educational
opportunities to Participants on investing and on other issues in
the area of public finance.
(h) The Board shall have full and complete power to use, or direct the
use of, Cooperative assets for the following purposes: (1) incur and
pay any expenses which, in its opinion, are necessary or incidental
to or proper for carrying out any of the purposes of this
Agreement; (2) reimburse others for the payment thereof; (3) pay
appropriate compensation or fees to persons with whom the'
Cooperative has contracted or transacted business; and (4) charge
a Participant's Account for any special fees or expenses related
specifically to transactions in such Account.
(i) The Board shall have full power to compromise, arbitrate, or
otherwise adjust claims in favor of or against the Cooperative.
(j) The Board shall cause financial statements to be prepared and
maintained for the Cooperative and for such statements to be
audited annually by an independent certified public accounting
firm.
(k) The Board may appoint a General Manager to perform managerial
services for the Cooperative, provided that the Board shall continue
to oversee the operation and management of the Cooperative and
shall have the authority to direct the General Manager to take or
not take specific action oil behalf of the Cooperative.
-7-
270158.06
. .-. ._.. ....... .
e
\
(1) The enumeration of any specific power or authority herein shall
not be construed as limiting the general power and authority of the
Board over the Cooperativ~.
Section 3.03. Liability.
. (a) NeIther the Board, the Investment Officers, nor any officers,
employees or board members of any of the forgoing shall be held
liable for any action or omission to act on behalf of the Cooperative
or the Participants unless caused by such person's willful
misconduct. The Cooperative shall indemnify and hold harmless
(either directly or through insurance) any person referred to in this
Section, to,the extent permitted by law, for any and all litigation,
claims or other proceedings, including but not limited to reasonable
attorney fees, costs, judgments, settlement payments and penalties
arising out of the management and operation of the Cooperative,
unless the litigation, claim or other proceeding resulted from the
willful misconduct of such person.
(b) Neither the General Manager, the Marketing Representative, the
Administrator, the Adviser, the Subadviser, the Custodian, nor
their affiliates, officers, employees or board members shall be held
liable for any action or omission to act on behalf of the Cooperative
or the Participants unless such person failed to meet the standard
of care required under its agreement relating to the Cooperative or
acted with willful misconduct. The Cooperative shall indemnify
and hold harmless (either directly or through insurance) any
person referred to in this Section, to the extent permitted by law,
for any and all litigation, claims or other proceedings, including but
not limited to reasonable attorney fees, costs, judgments, settlement
payments and penalties arising out of the management and
operation of the Cooperative, unless the litigation, claim, or other
proceeding is adjudicated to have resulted from such person's
failure to meet the standard of care required under its agreement
relating to the Cooperative or its willful misconduct.
(c) The indemnification provisions are described in more detail in the
Bylaws.
ARTICLE IV
Participation in the Cooperative
Section 4.01. Eligibility. In order for a Government Entity to become a
Participant and transfer money into the Cooperative, each of the following conditions
must be satisfied:
-8-
270158.06
. . e .
\
(a) The Government Entity must adopt a resolution (1) authorizing it
to become a Participant and approving this Agreement, (2)
establishing the Board as an agency and instrumentality of the
Participant to supervise the Cooperative, (3) approving the
investment policies of the Cooperative (as amended from time to
time by the Board) and directing that any conflicting local
investment policies shall not apply to Cooperative investments of
the Participant, (4) designating Authorized Representatives of the
Participant, (5) designating the Investment Officers appointed from
time to time by the Board as the Participant's investment officers
who shall be responsible for investing the share of Cooperative
assets representing local funds of the Participant, and (6)
designating the depository and custodian appointed from time to
time by the Board as the Government Entity's depository and
custodian for purposes of holding the share of Cooperative assets
representing funds of the Government Entity; and
(b) The Government Entity must become a party to this Agreement by
executing an Additional Party Agreement and delivering the same
to the Cooperative, together with a certified copy of the resolution
referred to in subsection (a) of this Section, an ap'plication in form
and substance satisfactory to the Board, and such other
information as may be required by the Board.
(c) No entity except a Government Entity may be a Participant. The
Board shall have sole. discretion to determine whether a
Government Entity is eligible under Texas law to be a Participant
and to designate categories of Government Entities eligible to be
Participants in any Portfolio of the Cooperative.
Section 4.02. Participant Accounts.
.
(a) While available local funds of Participants may be commingled for
purposes of common investment and operational efficiency, one or
more separate Accounts for each Participant in each Portfolio in
the Cooperative designated by the Participant will be established
in accordance with the Participant's application to join the
Cooperative and maintained by the Cooperative.
(b) Each Participant shall own an undivided beneficial interest in the
assets in the Portfolios in which it invests, calculated as described
in the Investment Policies.
(c) The Participant agrees that all Cooperative fees shall be directly
and automatically assessed and charged against the Participant's
Account. The basic services fee shall be calculated as a reduction
in the daily income earned and only the net income shall be
-9.
270158.06
~
- - .
\
credited to the Participant's Account. Fees for special services
shall be charged to each Participant's Account as they are incurred
or performed. Use of Cooperative assets for fees shall be made
from current revenues available to the Participant.
Section 4.03. Reports. The Cooperative shall submit a written report a
least once per month to each Participant. Such report will indicate: (1) the balance in
each Account of a Participant as of the date of such report, (2) yield information, (3)
all account activity since the previous report, and (4) other information required by
PFIA.
Section 4.04. Termination.
(a) A Participant may withdraw all funds from an Account in
accordance with the Investment Policies and Operating Procedures.
A Participant may cease to be a Participant under this Agreement,
with or without cause, by providing written notice to the
Cooperative at least 10 days prior to such termination.
(b) The Board may terminate a Participant's participation in this
Agreement upon at least 30 days notice if Texas law changes so
that such Participant is no longer entitled to join in an eligible
public funds investment pool under PFIA, the Interlocal Act, or
other applicable law.
(c) Upon the vote of a majority of its full membership, the Board may
order the termination of this Agreement by directing that all
outstanding operating expenses of the Cooperative be paid and
remaining assets of the Cooperative be distributed to Participants
in accordance with their respective pro rata interests.
ARTICLE V
Cooperative Assets
Section 5.01. Cooperative Investments. Cooperative assets shall be
invested and reinvested by the Cooperative only in Authorized Investments in
accordance with the Investment Policies.
Section 5.02. Custody. All money, investments and assets of the
Cooperative shall be held in the possession of the Custodian.
-10-
270158.06
e .
.
\
ARTICLE VI
Miscellaneous
Section 6.01. Severability.
(a) If any provision of this Agreement shall be held or deemed to be
illegal, inoperative or unenforceable, the same shall not affect any
other provisions contained herein or render the same invalid,
inoperative or unenforceable to any extent whatsoever.
(b) Any participation in this Agreement or transfer of assets to the
Cooperative that is not qualified for any reason shall not terminate
this Agreement or the participation of other Participants or
otherwise adversely affect the Cooperative.
Section 6.02. Limitation of Rights. This Agreement does not create any
right, title or interest for any person other than the Participants and any person who
has a contract to provide services to the Cooperative, and nothing in or to be implied
from this Agreement is intended, or shall be construed to give any other person any
legal or equitable right, remedy or claim under this Agreement.
Section 6.03. Execution of Counterparts. This Agreement may be.
executed in several separate counterparts, including by Additional Party Agreement,
each of which shall be an original and all of which shall constitute one and the same
instrument.
Section 6.04. Applicable Law. This Agreement shall be governed by and
construed in accordance with the laws of the State.
Section 6.05. T,c,ull. This Agreement shall have an initial term beginning
with the effective date set forth below and ending March 31, 1995 and shall be
automatically renewed for one year on such date and each anniversary of such date,
except with respect to any Government Entity that may have terminated itself as a
Participant or as otherwise provided in Section4.05.
Section 6.06. Notices. Any notices or other information required or
permitted to be given hereunder shall be sent: (a) to the Cooperative as set forth in the
Information Statement, and (b) to a Participant as set forth in its application to become
a Participant or as otherwise provided by written notice to the Administrator.
Section 6.07. Entire Agreement; Amendments. This Agreement
represents the entire agreeIIlent and understanding of the Participants. This
Agreement may be amended with the approval of a majority of the full membership of
the Board, provided that notice of any such amendment is sent to ~ll Participants at
least 60 days prior to the effective date thereof.
-11-
270158.06
......
.-
. -- .
.
\,
IN WITNESS WHEREOF the initial parties hereto have caused this
Agreement to be executed.
Fort Bend County
Name of Government Entity
By: Isl Kathv Hvnson
Authorized Representative
Kathv Hvnson. County Treasurer
Printed Name and Title
City of Wichita Falls. Texas
Name of Government Entity
By: Isl Jim Berzina
Authorized Representative
Jim Berzina. City Manae'er
Printed Name and Title
. Additional Participant: . \
Name of Government Entity
By:
Authorized Representative
-
Printed Name and Title
-12-
270158.06
" e
r e
\
Additional Party Agreement
The Government Entity of the State of Texas named below, acting by and through
the undersigned Authorized Representative, hereby agrees to become a party to that certain
Interlocal Agreement to which this page is attached, and thereby become a Participant in the
Local Government Investment Cooperative, subject to all of the terms and provisions of such
Agreement. The undersigned hereby represents that it is a Government Entity as defined in such
Agreement.
Executed this I~ day of l)eee",,'b Q..( , 19:1:t
City of La Porte
Name of Government Entity
By:' ~
UOrized Representative
Jeff Litchfield/ Director of Finance
Printed Name and Title
ACCEt- 1 Jill:
Local Government Investment Cooperative
By:
LOGIC Administrator
Printed Name and Title
-13-
270158.06
.....~..
- .
=OGC VS TEX-:)OO=
and T = 81 LL
YIELD
6.25%
6% -................................. ......................................................................... e
5.75% -............... ...... ......... ........ ........ ..............
5.5% -........................... .......... .. ...................
5.25% -............................ ................ ............... .....
5 % -.... ............................. ... ....... . . . . . . . . . . . . . . . . . . .. . . . . . . . .. .
4.75% -.... ...........
4.5% -.
4.25% - ..... ......................... ......................... .......... ....................................
,.,
4 % .~... ..... .................. ......... ....... ....................... .......... ........ ...... .... ...... ......... ........
3.75% I I I I I I I I I I I I I I I I I I I I I I I I I I I I I e\
5/9 6/6 7/5 8/1 8/29 9/26 10/24 11/21
WEELY AUCTION DATE
~ 90 DAY T-BILL -+- LOGIC ----*- TEXPOOL
e . e
e e
RESOLUTION NO. 94- 12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, RATIFYING
AND CONFIRMING ITS SUPPORT OF THE SETTLEMENT AGREEMENT BETWEEN THE
CITY OF LA PORTE; SOUTHERN IONICS, INC. , AND HOUSTON CHEMICAL
SERVICES, INC.; AND RATIFYING AND CONFIRMING LETTERS FROM THE CITY
MANAGER OF THE CITY OF LA PORTE, TO GOVERNOR-ELECT GEORGE W. BUSH,
AND OTHERS, CONCERNING THE SETTLEMENT AGREEMENT; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte has
heretofore approved a settlement agreement concerning the
litigation styled Cause No. H-89-3969, Southern Ionics, Inc. and
Houston Chemical Services, Inc. vs The City of La Porte; U.S.
District Court, Southern District of Texas. Thereafter, on
November 21, 1994, Norman L. Malone, acting in his personal
capacity, and not acting in his capacity as mayor of the City of
La Porte, and without knowledge or approval of the City Council of
the City of La porte, forwarded a letter to Governor-Elect George
W. Bush, objecting to the appointment of Buck Wynne as Chairman of
the Texas Natural Resource Conservation Commission (TNRCC) .
Section 2. The City Council of the City of La Porte finds,
determines, and declares that Mr. Malone's personal letter to
Governor-Elect Bush contains his personal views on that potential
appointment, and the other matters contained in such letter, and
does not represent the views of the City Council of the City of La
Porte. In fact, the City Council, the City Manager, nor the City
Attorney reviewed or were even aware of such letter before it was
sent.
Section 3. The City Council of the City of La Porte expresses
its continuing desire to resolve its long-standing federal court
litigation with Houston Chemical Services, Inc. and Southern
Ionics, Inc. Mr. Malone's letter should not be read as stating or
t ..~ '.. ,_. ....- ~...
. e
RESOLUTION NO. 94- 12 PAGE NO.2
implying that the City Council of the City of La Porte does not
fully support the goals of that Settlement Agreement. The City
Council of the City of La Porte fully intends to honor the
Settlement Agreement. To the extent that some may attempt to
interpret Mr. Malone's personal letter as an authorized statement
made on behalf of the City Council of the City of La Porte, they
would be in error because it was not and is not a statement of the
City of La Porte's position. Similarly, to the extent that some
may attempt to read Mr. Malone's personal letter as an indication
that the City of La Porte does not support the desire of Houston
Chemical Services, Inc. to bring an amicable end to the State
Permit litigation to which it remains a party, they would also be
wrong, because the City of La Porte continues to support that
objective. The City Council of the City of La Porte strongly
reaffirms the City of La Porte's commitment to fulfill all of the
terms and provisions of the Settlement Agreement.
Section 4. In furtherance of its goals and objectives as
stated in this resolution, the City Council of the City of La Porte
hereby ratifies, confirms, and approves the letters which have been
forwarded by Robert T. Herrera, City Manager of the City of La
Porte, to Governor-Elect George w. Bush; State Senator Jerry
Patterson; State Representative Mike Jackson; State Representative
Robert Talton; State Representative Joe Crabb; and Harris County
Attorney Mike Driscoll, copies of which letters are attached to
this resolution and made a part hereof for all purposes.
e 8
RESOLUTION NO. 94- 12 PAGE NO.3
Section 5. 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, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this resolution and the subject
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and conf irms
such written notice and the contents and posting thereof.
Section 6. This Resolution shall be effective from and after
its passage and approval.
PASSED AND APPROVED this 12th day of December, 1994.
OF LA PORT~
By: L.~ Maybr
ATTEST: LJ
~~.
Sue-Lenes, City Secretary
.1'
bOVED: /d
~Vz: . ~?~
Knox W. Askins, City Attorney
e e
'-"4 REQtlfT FOR CITY COUNCIL AGEND~tljTEM
..
=
-
Agenda Date Requested: December 12. 1994
Requested By: S. Gillett ~er6~ Department: Public Works
XXXX Report I Resolution Ordinance
Exhibits: Bid Tabulation
Bidder's List
SUMMARY & RECOMMENDATION
Sealed bids were opened and read on October 10, 1994 for sign material.
This material is used in the fabrication of traffic control signs. Bids
were sent to seventeen (17) vendors with six (6) returning bids.
Low bid was submitted by Vulcan Signs for both Section I and II. using
estimated yearly quantities, the total annual cost is estimated to be
$31,662.98. This represents a 12% increase over last year's bid. Funds
for this contract are available in the operating budget of the Street
Division.
Action Required by Council: Award annual contract for sign materials to
Vulcan signs with an estimated annual expenditure of $31,662.98.
/~
.
- <=
Availability of Funds:
XXXX General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other
Account Number: 001-700-701-210 Funds Available: XX YES NO
<=
Aooroved for Citv Council Aaenda
QJ~ l, ~ \1..-1-q~
Robert T. Herrera DATE
city Manager
= .-
- -
;
~- '. .
-
CITY OF LA PORTE
INTER-OFfICE MEMORANDUM
NOVEMBER 16 ~ 1994
TO: ST~VE GILLETT, PUBLIC WORKS DIRECTOR
FROM: SUSAN KELLEY~URCHASING AGENT
SUBJ: SEALED BID #0614 -SIGN MArERIALS (REVISED)
Advertised, sealed bids #0614 for Sign Materials were opened and
read on October 10, '1994. Bid requests were mailed to seventeen
(17) vendors with six (6)r~turning bids.
Bids were submitted with the following section totals:
VENDOR SECTION I SECTION II
Vulcan Signs $15,227.28 $16,435.70
Roadrunner Traffic $16,325.34 $18,412.01
. Signs ~ Blanks $15,629.91 No Bid
New~an Traffic Signs $1~,204.22 No Bid
3M Traffic Control $23,065.10 No Bid
Mid-Ohio Markings No Bid No Bid
Low bid meeting specifications was submitted by Vulcan Signs.
Using estimated yearly quantities, the total yearly cost is
$31,662.98. This is a 12% increase over last year's bid.
Please submit your recommendation with an agenda request form by
the prescribed time before the next regular council 'meeting. If
there is a need ~o delay bringing this bid before council, please
notify me. . I
Attachment: Bid Copies
Bid Tabulation
Bidder's List
.,
r'-
--~._-;
'- 0 BIDDER'S LIST .
.
SEALED BID #0614 - SIGN MATERIALS
VULCAN SIGNS SAFETY LIGHTS
P. O. BOX 850 6813 DIXIE DRIVE
FOLEY, ALABAMA 36536-0850 HOUSTON, TX 77087
TRANTEX CHAMPS, INC.
3310 FRICK ROAD, BLDG. D P. O. BOX 68
HOUSTON, TX 77086 OVERTON, TX 75684
NEWMAN TRAFFIC SIGNS QUALITY SIGNS
P. O. BOX 1728 10205 MARKET STREET
JAMESTOWN, ND 58402-1728 HOUSTON, TX 77029
HIGHWAY SIGNS & PAINT ROADRUNNER TRAFFIC SUPPLY
1200 TAPPAN CIRCLE P. O. BOX 122837
CARROLLTON, TX 75006 FT. WORTH, TX 76121
MID-OHIO MARKINGS & TRAFFIC SIGNS WINKO-MATIC SIGNAL COMPANY
P. O. BOX 512 7431-C DOGWOOD PARK
. NORWALK, OH 44857-0512 FORT WORTH, TX 76118
.. . ~,... n_ '_:;:~'
SOUTHWEST SIGNAL SUPPLY' STODDARD ENTERPRISES
P. O. BOX 125 P. O. BOX 260953- ..~
~ .
SOUTH HOUSTON, TX 77587 PLANO, TX 75026-0953
i
THREE M (3M) TRAFFIC CONTROL -SEIBULITE INTERNATIONAL
7600 EAST EASTMAN AVENUE 3136 E. VICTORIA STREET
DENVER, CO 80231 RANCHO DOMINGUEZ, CA 90221
MUNICIPAL SIGN COMPANY SIGNS & BLANKS, INC.
65 PARKER ROAD P. O. BOX 2234
HOUSTON, TX 77076 AKRON, OH 44309
U. S. STANDARD SIGN COMPANY CHAMBE~ OF COMMERCE
P. O. BOX 4005 P.O. BOX 996
TOLEDO, OH 43609 LA PORTE, TX 77572-0996
BAYSHORE SUN PUBLISHED DATES:
SEPTEMBER 25, 1994
OCTOBER 2, 1994
REO~T FOR CITY COUNCIL AGENDAttTEM
Agenda Date Requested: December 12. 1994
Requested By: S. G~/~~ Department: Public Works
XXXX Report ~ Resolution Ordinance
Exhibits: Bid Tabulation
Bidders List
- - --
SUMMARY & RECOMMENDATION
Sealed bids were opened on November 21, 1994 for the purchase of a street
sweeper. The sweeper is a replacement of a twelve (12) year old existing
unit. Bids were sent to five (5) bidders, with five (5) returning bids.
Low bid was submitted by Hi-Way Equipment, Inc. in the amount of
$104,896.00 for a dual-control unit. Low bid for an optional single-
control unit was also submitted by Hi-Way Equipment, Inc. in the amount of
$99,276.00. Additionally, Hi-Way Equipment bid $5,000 for the optional
trade-in of the existing sweeper. A total of $105,000 was budgeted in the
Motor Pool Replacement Fund for this purchase.
Action Required by Council: It is recommended that the bid be accepted from
Hi-Way Equipment Inc. for a dual-control Elgin street sweeper in the amount
of $104,896.00, and for a trade-in allowance for the City's existing Mobile
street sweeper in the amount of $5,000.00, for a net purchase price of
$99,896.00.
...,..,. -
Availability of Funds: -.--
General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
XXXX Other - Motor Pool
Account Number: 009-700-701-887 Funds Available: XX YES NO
- -
Aooroved for citv Council Aaenda - -
QM II ~ ''G- ( -t1~
Robert T. Herrera DATE
City Manager
- - -- --
e e
BIDDER'S LIST
SEALED BID #0618
TRUCK MOUNTED PURE VACUUM STREET SWEEPER
CONLEY/LOTT NICHOLS HI-WAY EQUIPMENT COMPANY
9100 N. LOOP EAST P.O. BOX 14174
HOUSTON, TX 77029 HOUSTON, TX 77221
R. B. EVERETT & COMPANY NAYLOR SUPPLY COMPANY
P.O. BOX 327 P.O. BOX 4919
HOUSTON, TX 77001 PASADENA, TX 77501-4919
INDUSTRIAL DISPOSAL SUPPLY
P.O. BOX 8623
HOUSTON, TX 77249
CHAMBER OF COMMERCE BAYSHORE SUN PUBLISH DATES:
P.O. BOX 996 NOVEMBER 6, 1994
LA PORTE, TX 77572-0996 NOVEMBER 13, 1994
. .
BID TABULATION = STREET SWEEPER
~AIII_1i-
1. STREET SWEEPER $104;896,00 $110;428,00 $111 ;928,00 I $123;431,00 \ $142,154.00
,
2. OPTIONAL BID: $99,276.00 $104,134.00 $106,790.00 $107,931.00 NO BID
SWEEPER WIO HOIST SYSTEM
. OPTION - TRADE-IN $5,000.00 $1.500.00 $4,000.00 $7.000.00 NO TRADE-IN I
U:::::::::::::djr~MiitiT~~$$:;jMOIE*I~:':j'.. '>~;~~U()Q::: ::'.::$j~~~?~g(jQ;ii;;';n:::$197;~Dp(j;.h::Y::;$1j~~~i;L(j():,I:.::.;;$~4~M~LQQ;;1
".
REO~T FOR CITY COUNCIL AGEND~TEM
-
Agenda Date Requested: ~r}2 .1994
Requested By: S. Gillett ~ Department: Public Works
(' , .
XXXX Report Resolution Ordinance
Exhibits: Bid Tabulation
Bidders List
~... u." ._.. .. ".' .
, ..,,-.., -...---,
-
SUMMARY & RECOMMENDATION
Sealed bids were received on November 21, 1994 for the purchase of a 24 -
28 passenger bus. The bus is a replacement of a ten (10) year old 26
passenger bus without wheelchair lift. The replacement unit is equipped
with a wheelchair lift, will accommodate 24 or 28 passengers (2 or 4
wheelchairs) and is designed to be in compliance with the Americans with
Disabilities Act (ADA).
Bids were sent to six (6) vendors, with two (2) returning bids. Low bid
was submitted by Longhorn Bus Sales in the amount of $54,143.00.
Additionally, Longhorn bid $800.00 for the optional trade-in of the
existing bus. A total of $46,000.00 was budgeted in the Motor Pool
replacement Fund for the replacement of this unit.
It is recommended that the city accept the bid from Longhorn Bus Sales for
the replacement of a 26 passenger bus in the amount of $54,143.00, and
reject the trade-in allowance of $800.00. Disposal of the existing unit at
auction is anticipated to bring a higher price. The low bid exceeds the
budgeted amount by $8,143.00, primarily due to the additional requirements
of ADA-related equipment. The additional funds are available in the Motor
Pool Replacement Fund, and will be recovered from the Parks Department
through future lease fees.
Action Required by Council: Award the bid for the replacement of a 26
passenger bus to Longhorn Bus Sales in the amount of $54,143.
- ~
Availability or Funds: n.~
General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
XXXX Other - Motor Pool
Account Number: 009-800-802-854 Funds Available: XX YES NO
- ...... .- -~,. -
...-..-....-.
Aooroved for city Council Aaenda -
Q~ T. ~ \"l-l-ql{
Robert T. Herrera DATE
City Manager
- .-
- ~
e e
BID TABULATION = 24=28 PASSENGER BUS
IIlt~I~~li~1;1\;!111..li~~~I!~~~ili!I;J~il~II~t.ll.l~ l'!i\..!!iil
1, 24 - 28 PASSENGER BUS $54; 143,00 $55;968,00
I TRADE-IN ALLOWANCE $800.00 $2,000.00
m:!:::::'::!!::!i::!U::!:~(J$:~jES$:jMO~ff-Nj:: :::.'~;~DQQ::i ::::::::m!:::$$~~J90:.:1
e .
BIDDER'S LIST
SEALED BID #0620 - 26 - 30 PASSENGER BUS
BRIDGES-HEMPHILL ENTERPRISES LONGHORN BUS SALES
15930 CYPRESS N. HOUSTON 6921 HOMESTEAD RD.
CYPRESS, TX 77429 HOUSTON, TX 77028
TEXAS SCHOOL BUS TEXAS STAGECOACH
4800 EAST 7TH STREET 5136 HWY 6 NORTH
AUSTIN, TX 78702 HOUSTON, TX 77084
JOE CAMP FORD LES MARKS CHEVROLET
621 HWY 146 P.O. BOX 1119
LA PORTE, TX 77571 LA PORTE, TX 77572-1119
CHAMBER OF COMMERCE BAYSHORE SUN PUBLISH DATES:
P.O. BOX 996 NOVEMBER 6, 1994
LA PORTE, TX 77572-0996 NOVEMBER 13, 1994
REO~T FOR CITY COUNCIL AGENDA4iTEM
-
Agenda Date Requested: Decemb~ 12. 1994
Requested By: S. Gillett ~/~ Department: Public Works
- tr .
XXXX Report Resolution Ordinance
Exhibits: Bid Tabulation and Bidder's List
-
- - -
SUMMARY & RECOMMENDATION
Sealed bids were received on December 5,1994 for the annual contract to
supply stabilized calcium sulfate (GS200S). This material is used in
street repair and as a substitute for stabilized sand in utility bedding.
Bids were sent to two (2) suppliers, with one (1) returning a bid.
Gulf States Materials of La Porte returned the only bid as illustrated on
the attached bid tabulation. Using estimated annual quantities, the
estimated annual purchase of stabilized calcium sulfate totals 25,600, a 1%
decrease from last year's price. Funds are available in the Street and
utility Divisions' operating budget.
Action Required by Council: Award annual contract for Stabilized Calcium
Sulfate to Gulf States Materialsf~r $7.75/ton picked up and $10.10/ton
delivered, for a total annual estimated cost of $25,600.
= -
Availability of Funds: - -
XXXX General Fund XXXX Water/Wastewater
Capital Improvement General Revenue Sharing
Other
001-700-701-415
Account Number: 002-804-805-412 Funds Available: XX YES NO
- -
Aooroved for citv Council Aaenda - - -
Q~ T. ~-' , \~-l-'ti
Robert T. Herrera DATE
City Manager
- -
- - - - -
1 ., . .
BID TABULATION = STABILIZED CALCIUM SULFATE
STABILIZED CALCIUM SULFATE (65200S)
e-
1. PRICE PER TON - PICKED UP (2000 TONS) $7.75
2. PRICE PER TON - DELIVERED (1000 TONS) $10.10
1::::~::U:::'~:i::U~:U,:%i::. '..Y;.".:<,::'<i,;::;;':'::)':;:::;':U:;i; :i::::J"QT~",:,':::'i::i:::~'ii::'~:.,~i~~~Q1QQ':1
I I
LOCATION OF PlANT SENS ROAD I
BIDDER'S LIST
STABILIZED CALCIUM SULFATE (GS-200S)
BID #0621
GULF COAST LIMESTONE GULF STATES MATERIALS
P. O. BOX 66 555 SENS ROAD
SEABROOK, TX 77586 LA PORTE, TX 77571
CHAMBER OF COMMERCE BAYSHORE SUN PUBLISHED DATES:
P.O. BOX 996 NOVEMBER 20, 1994
LA PORTE, TX 77572-0996 NOVEMBER 27, 1994
J
I.
R'UEST FOR cm COUNCIL AGENDA A
Agenda Date Requested: December 12. 1994
Requested By: Alex Osmond Department: Administration
XX Report Resolution Ordinance
Exhibits:
1) Sealed Bid #0619
2) Bid Tabulation
3) Bidders List
4) Budget/Recommendation Chart
SUMMARY & RECOMMENDATION
Sealed Bids #0619 for golf course equipment were opened and read on November 7, 1994. Bid requests were mailed to five (5)
vendors with four (4) returning bids.
The equipment includes a Riding Greens Mower, 72 "Out-front Rotary Mower, 200-gallon Spmyer, Sand Tmp Machine, and an
Off-road Utility Vehicle.
Watson Distributing Company, Inc. was low bidder meeting all specifications for four (4) items: One (1) Riding Greens Mower;
One (1) 72 "Out-front Rotary Mower; One (1) Sand Tmp Machine; and One (1) Off-road Utility Vehicle.
Lansdowne-Moody Company, Inc. was low bidder, meeting all specifications for one (1) item: One (1) 200-gallon Spmyer.
Riding Greens Mower .:.i.VLLl Brookside Equipment would require the option of one set of verticant reels.
Total of bid awarded to:
Watson Distributing Company, Inc. S 35,716.00
Lansdowne-Moody Company, Inc. S 3.555.00
Total S 39,271.00
Total Budgeted S 40,200.00
Staff recommends awarding bids for golf course equipment to Watson Distributing Company, Inc. and Lansdowne-Moody
Company, Inc.
Action Required by Council:
Award bids as recommended by staff.
Availability of Funds:
- General Fund _ Water/Wastewater
_ Capital Improvement_ General Revenue Sharing
X Other
Account Number: Various Funds Available: .x.. YES - NO
Aooroved for City Council Aeenda
~ot~ -r I~ n'l-qtt
Robert T. Herrera .
Date
City Manager
( ,
e e
CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
NOVEMBER 8, 1994
TO: DENNIS HLAVATY, GOLF COURSE MAINTENANCE SUPERINTENDENT
FROM: SUSAN KELLEY, PURCHASING AGENT
SUBJ: SEALED BID #0619 - GOLF COURSE EQUIPMENT
Advertised, sealed bids #0619 - golf course equipment were ovened
and read on November 7, 1994. Bid requests were mailed to five (5)
vendors with four (4) returning bids.
Copies of the bids are attached for your review.
Please submit your recommendation with an agenda request form by
the prescribed time before the next regular council meeting. If
there is a need to delay bringing this bid before council, please
notify me.
Attachment: Bid Copies
Bid Tabulation
Bid List
,
.~. .,
. .
SID TABULATION = GOLF COURSE EQUIPMENT
: Iliilllililiillllllilillllliillllillillllliilig~i~~~::1~~I:i:lli:,lllilllllliiilillll!llilllilll!!!llli~~~~11~~II!IIIIII!i~li~.llilllll~.lllli'!'IAAII~111
1) RIDING GREENS MOWER (1) $11;440.00 $11 ;21 7.54 NO BID NO BID
1 A) OPTION - VERlCUT REELS (1 SET) $1,978.00 $1,787.08 NO BID NO BID I
TOT AlITEM #1 $13,418.00 $13,004.62 NO BID NO BID
2) 72" OUT -FRONT ROTARY MOWER (1) $9,960.00 $10,907.50 $12,500.00 NO BID
3) 200 GALLON SPRAYER (1) $5,344.00 NO BID $3,555.00 NO BID I
4) SAND TRAP MACHINE (1) $5,086.00 $5,131.17 NO BID NO BID
0) OFF-ROAD UTILITY VEHICLE (1) $8,012.00 NO BID I NO BID I NO BID
5A) OPTION - FLATBED DUMP BOX (1) $718.00 NO BID NO BID NO BID
TOTAL ITEM #5 $9,230.00 NO BID I NO BID NOBI,D I
"ALL OR NONE" Bioi
$42,607.62 I
.. .
e .
CITY OF LA PORTE
BIDDERS'S LIST
GOLF COURSE EQUIPMENT - SEALED BID #0619
BROOKSIDE EQUIPMENT SALES, INC. EZ-GO TEXTRON
19003 I - 45 NORTH 8515 E. NORTHBELT
SPRING, TX 77388 HUMBLE, TX 77347-1569
GOLDTHWAITES LANSDOWNE-MOODY COMP~, INC.
220 FARISS 1600 FM 528
HOUSTON, TX 77054 WEBSTER, TX 77598
WATSON DISTIBUTING CHAMBER OF COMMERCE
6335 SOUTHWEST FREEWAY P.O. BOX 996
HOUSTON, TX 77074 LA PORTE, TX 77572-0996
BAYSHORE PUBLISH DATES:
OCTOBER 16, 1994
OCTOBER 23, 1994
It .
I BUDGET /RECOMMENDATION CHART I
I Description I Budgeted I Recommended I Vendor I
Watson Distributing -
Riding Greens Mower 13,000.00 11,440.00 meets all specifications
Purchase of option-
Set of verticant
II reels - not II
necessary for this
mower
Watson Distributing -
72 II Out-front Rotary Mower 9,000.00 9,960.00 meets all specifications
Lansdowne-Moody -
200-G allon Sprayer 5,500.00 3,555.00 meets all specifications
Watson Distributing -
Sand Trap Machine 5,700.00 5,086.00 meets all specifications
Watson Distributing-
Off-Road Utility Vehicle 7,000.00 9,230.00 meets all specifications
TOTAL $ 40,200.00 $ 39,271.00
e .
REOUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: December 12. 1994
Requested By: Bobbv L. Powell Department: Police
X Report Resolution Ordinance
Exhibits:
Letter for Texas Instruments stating sole source.
SUMMARY , RECOMMENDATION
During the budget process, the Police Department requested a
NIGHTSIGHT Thermal Vision System.
. safety of the officers on surveillance
. enables you to locate a subject and items by body heat
. clarification of use of vehicle within hours.
. would not have to maintain close distance to person or
item.
The NIGHTSIGHT Thermal Vision System is a joint venture of Texas
Instruments and Hughes Aircraft Company. Night Vision Systems is
the only vendor of this product.
We investigated and found no other vendors who produce thermal
vision systems.
Council approved $6500.00 for the Nightsight system in budget, and
that is the cost of the system.
ALTERNATIVE:
Availability of Funds:
X General Fund Water/Wastewater
Capital Improvement General Revenu~ Sharing
Other (Motor Vehicle Fund) I
Insurance
Account Number: 001-502-503-821 Funds Available: L YES - NO
ADDroved for citv Council Aaenda
0(~~ ..
\, ~ \ 'L-l -~ ~
Robert T. Herrera DATE
City Manager
" O;r~ 1.0,'94 15' 34 FR TEXASISTR I NCO 214 995 2231 i 01590--0 18257145 P. 02/03
.r
NIGHTS/GH I ™
..' " ':<:::>~~-;~'<O.:rfij,i/rmal,YI'sip{7'~'Y$re"j.
" t'~ .~ ;-:"t .j_.:.1'~+""~'., .. . . .... "0 ........ . .(,.
,::::::::'.::::}:::::;:;:;:~~:~;:;}:;:'L';:;aw::-::::;;:::B1f!......;;::-...;;:;:;:;::;;:::::::;::;:}.m}:~.:~-$Y1::.;:;:::-$::::tim"':':r:;:::::~""':"'::':"':::;;Ij:':;'::;:CO<;:;';:'rm:;:::':"::;:;;;:;;;;;:::;ti";;:;:;{;;;'~'::::::::::;:;::::~;::::::::::::::::::::::1
..............-- ..-- .. r.'I. ',-,,"'i..LG . . . - ra ftr.r ... ....... _ .........
;.;.;.;.:.:.:.;.;.:.:.:-:-:.:.:-;.:.:-:.:..., ... :'.. ... ..~. ;~~~.":~.., .', .... '...,.....:..: " ......,.... ,'" ..".... ~.: -... ~;~ .-:-:.;.:.;.;.;.;.;.;.;.:.:-:-:.:.;.:.;.;
..".. I.'" '" "'" , "" ,., _. """" l ,I. " ,'. I I ,II , ,~ .. '. . ~ .
Price List
Effective through Dec::ember 31,1994
Oescrlptlon f.art Nurnb.:er UnIt Price
NIGHTSIGHT Thermal VisIon System NS-P. TOO1 $ 6,500.00
Special Introductory System including: .
NIGHTSIGHT Infrared CamBra (12 VDC)
Positioning Unit (36fYJ Pan and Tilt)
Wired Remote Contra' Unit /
Video Display (CRT) and Mounting Bracket
Police Mounting Kit (Wiring and Hardware;
Specify Caprice or Crown Victoria)
Shipping charge (per unit, within U.S.) $ 25.00
N1GHTSIGHT is available directly from the manufacturor or from certain law enfarcfJfTlf1nt supply desJers: dealer prices may
V8Jy. This manufaoturer's priclillist applies only to .ordsfS in the United States alld Canada (prices in US dollar.s).
The NfGHTSIGHT system is compatible with the Model DVH 110 DaraVisionnf Head Up Display manufactu"ct by Defeo
Electronics. which is ava/Jabla from NfGHTSfGHT or a Data V"fSion ctsalsf. The D VH 110 projects a picture that appe81'$ to
be several 'eet In front of the windshfeld on the drivel's side. It can display the NIGH TS/GHT image alternately with data
from most mobile data terminals.
For further information on NIGHTSIGHT Thermaf Vision Systems for law enforcement or other
applications, call the NIGH TSIGHT Information L.ine at (214) 995-7511.
Data Vision is a tradef178lk of GM Hughes EfeoUonics
NIGHT SiGHT is a tladBmark of Texas Instrumenrs
: a C,i' . 2 I ~ 94 16: 02 FR TEXAS ,STR INca 214 995 2231 ~01590--018257145 P.02/02
'i ,
'. ..
.-
. TEXAS
INS tt<.UMENTS
~
Friday, October 21. 1994
TOM NEELEY
LA PORTE TX PO
915 $811-1
LA PORTE. TX n571
Dear TOM:
In response to your request, Texas Instruments is pleased to provide this
s1a.tement 01 sole source.
The NIGHTSIGHT Thermal Vision System is a joint venture of Texas
Instruments and Hughes Aircraft Company. The part number is NS-P-TOO1
and consists of the following:
NIGHTSIGHT Infrared Camera (12VDC)
Positioning Unit (360 degrees Pan and Tilt)
Wired Remote Control Unit
Video Display (CRT) and Mounting Bracket
Police Mounting Kit (Wiring and Hardware;
Specify Caprice or Crown Victoria)
Texas Instruments Is not aware-of any other company manufacturing and
marketing an uncooled technology Infrared system that can be vehicle
mounted and believes the Texas Instn.!mentsIHughes Aircraft Cofl1>any
venture to be the sole source of this product.
tt I may be of assistance please contact me at (214) 995-9682.
/lift?
Tt-aV1~ v~ TEXAS lNSTRUMENTS INCORPORATED . OEFEN$E: SYSTEMS '" ELECTRONICS ~ROUP
** TOTAL PAGE.002 **