The URL can be used to link to this page

Home My WebLink About1995-05-08 Regular Meeting• 0 1. 2. 3. 4. MINUTES OF THE LA PORTE MAY CALL TO ORDER REGULAR MEETING OF CITY COUNCIL 8, 1995 The meeting was called to order by Mayor Norman Malone at 6:00 P.M. Members of City Council Present: 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 City Staff and Employees Present: City Manager R. T. Herrera, City Attorney Knox Askins, City Secretary Sue Lenes, Assistant City Manager John Joerns, Finance Director/Assistant City Manager Jeff Litchfield, Assistant Director of Finance Cynthia Alexander, Chief of Police Bobby Powell, Director of Administrative Services Louis Rigby, Director of Public Works Steve Gillett, Director of Parks and Recreation Stephen Barr, Fire Chief Joe Sease, Assistant Fire Chief Champ Dunham, EMS Chief Chris Osten, Paramedics Ray Nolen, Ty James, Ron Matejowsky, Tim Murnane and Building Official Mark Lewis Others Present: Rahul and Amita R. Desai, representing future Best Western Motel interests, Mary Gay, wife of Councilperson Deotis Gay, Maureen Maxwell, wife of Councilperson Jack Maxwell, and a number of La Porte Citizens INVOCATION BY COUNCILPERSON DEOTIS GAY The invocation was given by Councilperson Deotis Gay. CONSIDER APPROVING MINUTES OF REGULAR MEETING APRIL 24,_1995 Motion was made by Councilperson Jack Maxwell to approve the minutes of La Porte City Council April 24,1995. Second by Councilperson Sutherland. The motion carried, 8 ayes, 0 nays, and 1 abstain. Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None Abstain: Councilperson Bob Thrower PROCLAMATIONS• A. EMERGENCY MEDICAL SERVICES WEEK Minutes Regular Meeting La Porte City Council May 8, 1995, Page 2 Mayor Malone proclaimed May 14-20, 1995, as Emergency Medical Services Week. Accepting the proclamation were EMS Chief Chris Osten and Paramedics Ray Nolen, Ty James, Ron Matejowsky and Tim Murnane. Chief Osten announced a Golf Tournament will be held on September 20th to raise funds for the local Toy Drive. 5. PETITIONS REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL Ms. Helen McFerren, 925 Oak Grove, La Porte, addressed Council regarding the "Beazley Cemetery Property". Ms. McFerren stated she has been in contact with the Department of Antiquities Protection Texas Historical Commission, and they have indicated the cemetery is eligible for a designation as a State Archeological Landmark. To obtain this designation the application must be signed by the property owner which will be the City of La Porte. Ms. McFerren also reported a conversation with Mr. Garon Hite, who is in charge of Cemetery Law for the State of Texas. Ms. McFerren was told that graves do not have to have their stones replaced, just the names of the individual on a marker for eligibility for the referenced Historical Marker. The application was delivered to the City Secretary for further staff review and investigation. Ms. McFerren asked Mr. Herrera to take into consideration the names she had previously submitted for "responsible" people to be placed on the committee to be formed for study of the future development of the Beazley property. 6. CANVASS VOTES AND CONSIDER ORDINANCE DECLARING RESULTS OF THE ELECTION OF COUNCILPERSON-AT-LARGE A; COUNCILPERSON DISTRICT 4; AND COUNCILPERSON DISTRICT 5; HELD MAY 6, 1995 (Ord. 95- 2029) - K. Askins City Attorney read: ORDINANCE NO: 95-2029 - AN ORDINANCE DECLARING THE RESULTS OF THE ELECTION HELD IN THE CITY OF LA PORTE ON MAY 6, 1995, FOR THE ELECTION OF COUNCILPERSON-AT- LARGE--POSITION A; COUNCILPERSON DISTRICT 4; AND COUNCILPERSON, DISTRICT 5; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Councilperson-At-Large --Position A Bob McLaughlin 789 Councilperson--District 4 Deotis Gay 93 Minutes Regular Meeting La Porte City Council May 8, 1995, Page 3 Councilperson--District 5 Jamie Smith 93 Bill Snead 114 Jack R. Maxwell 209 City Attorney stated the returns have been canvassed by the City Council of the City of La Porte; that said election resulted in the election of the following named persons: Councilperson-At-Large--Position A Bob McLaughlin Councilperson--District 4 Deotis Gay Councilperson--District 5 Jack R. Maxwell City Council decided to vote on both Item 6 and 7 at the same time: 7. CANVASS VOTES AND CONSIDER ORDINANCE DECLARING RESULTS OF A REFERENDUM ELECTION HELD MAY 6, 1995 (Ord 95-2030) - K. Asking City Attorney read: ORDINANCE NO. 95-2030 - AN ORDINANCE DECLARING THE RESULTS OF A REFERENDUM ELECTION HELD IN THE CITY OF LA PORTE ON MAY 6, 1995, FOR THE PURPOSE OF VOTING FOR OR AGAINST A PROPOSITION AUTHORIZING AN AGREEMENT BY THE CITY OF LA PORTE FOR THE ACQUISITION OF BAY FRONT PROPERTY ON GALVESTON BAY IN THE CITY OF LA PORTE, FOR PUBLIC PURPOSES; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Number of votes cast at said election are as follows: "FOR" - 819 "AGAINST" - 530 The returns were canvassed by the City Council of the City of La Porte; resulting in the passage of the proposition authorizing an agreement by the City of La Porte for the acquisition of bay front property on Galveston Bay in the City of La Porte, for public purposes. Motion was made by Councilperson Sutherland to adopt Ordinances 95-2029 and 95-2030 as read by the City Attorney. Second by Councilperson Gay. The motion carried, 9 ayes and 0 nays. • Minutes Regular Meeting La Porte City Council May 8, 1995, Page 4 Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 8. ADMINISTER OATH OF OFFICE TO NEWLY ELECTED COUNCILPERSONS Mayor Malone administered Oath of Office to Councilperson-At- Large--Position A, Councilperson Bob McLaughlin; Councilperson--District 4, Councilperson Deotis Gay; and Councilperson--District 5, Councilperson Jack R. Maxwell. Oath of Office were signed by each Councilperson, notarized by the City Secretary to be filed for record. The City Secretary delivered the Certificates of Election to each of the Councilperson for their record. Mayor Malone gave each of the newly elected Councilpersons the opportunity to speak to the Council. All three Councilpersons brought items before Council regarding their appreciation of election. Mayor Malone asked if Council would like to make any statements regarding the election. Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke brought items to Council's attention. 9. CONSIDER AN ORDINANCE APPOINTING A MEMBER OF THE CITY COUNCIL TO SERVE AS MAYOR PRO TEM OF THE CITY OF LA PORTE FOR ONE YEAR TERM (Ord. 95-2031 - R. T. Herrera Councilperson Deotis Gay nominated Councilperson Alton Porter. Councilperson Bob Thrower nominated Councilperson Sutherland. Councilperson Sutherland received four votes: Ayes: Councilpersons Sutherland, Cooper, Thrower and Maxwell Nays: Councilpersons McLaughlin, Porter, Gay, Clarke and Mayor Malone Councilperson Alton Porter received five votes: Ayes: Councilpersons McLaughlin, Porter, Gay, Clarke and Mayor Malone Nays: Councilpersons Sutherland, Cooper, Thrower and Maxwell 0 Minutes Regular Meeting La Porte City Council May 8, 1995, Page 5 City Attorney read: ORDINANCE NO. 95-2031 - AN ORDINANCE APPOINTING A MEMBER OF THE CITY COUNCIL TO SERVE AS MAYOR PRO TEM OF THE CITY OF LA PORTE, FOR A ONE YEAR TERM; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. The appointment for Mayor Pro Tem was made to Councilperson Alton Porter from this date through May 8, 1996. Councilperson Porter, Sutherland and Gay brought items to Council's attention regarding the appointment, and Councilperson Porter stated he will be stepping down as a member of the Seed Board when his term expires this year. 10. CONSIDER AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF WEST ADAMS STREET (Ord. 95-2032) - M. Lewis Chief Building Official Mark Lewis reported to Council the summary and recommendation for the request to close, vacate, and abandon a one block portion of the North Adams Street right-of-way. City Attorney read: ORDINANCE 95-2032 - AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF WEST ADAMS STREET, IN THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Clarke to approve Ordinance 95-2032 as read by the City Attorney. Second by Councilperson McLaughlin. The motion carried, 9 ayes and 0 nays. Ayes: Councilperson Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 11. CONSIDER AN ORDINANCE VACATING, ABANDONING AND CLOSING WEST "F"" STREET RIGHT-OF-WAY BETWEEN SH 146 AND SOUTH 89TH STREET SAVE AND EXCEPT A 16' WIDE STRIP FOR EXISTING UTILITIES (Ord. 95-2033) - M. Lewis Chief Building Official Mark Lewis reviewed for Council the summary and recommendation for the request for closing , vacating and abandoning the southern 64' of a one block portion of the West "F: Street right-of-way. 0 • Minutes Regular Meeting La Porte City Council May 8, 1995, Page 6 City Attorney read: ORDINANCE 95-2033 - AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF WEST "F" STREET, IN THE TOWN OF LA PORTE, HARRIS COUNTY,, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Thrower to approve Ordinance 95-2033 as read by the City Attorney. Second by Councilperson McLaughlin. The motion carried 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke, and Mayor Malone Nays: None Mayor Malone invited Mr. & Mrs. Rahul Desai to stand and be introduced. Mr. Desai addressed Council regarding their intentions to open a 49 room Best Western Motel, construction to start as soon as possible after Council takes action on items 11 and 12 on tonight's Agenda. 12. CONSIDER AN ORDINANCE GRANTING A LICENSE FOR USE OF THE SURFACE OF THE NORTH SIXTEEN (16) FEET OF A PORTION OF THE WEST "F" STREET RIGHT-OF-WAY (Ord 95-2033-A) - M. Lewis Chief Building Official Mark Lewis reported to Council the summary and recommendation to consider a licensing ordinance assigning responsibility for maintaining a 16' wide utility corridor to the present and any future owners of the closed portion of the 16" wide utility corridor located in a portion the West "F" Street right-of-way. City Attorney read: ORDINANCE 95-2033-A - AN ORDINANCE GRANTING A LICENSE TO RAHUL DESAI AND WIFE, AMITA R. DESAI, FOR USE OF THE SURFACE OF THE NORTH SIXTEEN FEET (N. 161) OF THE PORTION OF THE RIGHT-OF-WAY OF WEST "F" STREET BETWEEN BLOCKS ONE HUNDRED TWENTY-FOUR (124) AND ONE HUNDRED FORTY-ONE (141), TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, AND BETWEEN THE EAST RIGHT-OF-WAY LINE OF STATE HIGHWAY 146 AND THE WEST RIGHT-OF-WAY LINE OF 8TH STREET; RETAINING PUBLIC UTILITY EASEMENTS; PROVIDING TERMS AND CONDITIONS OF SUCH LICENSE; FINDING COMPLIANCE WITH THE OPEN MEETING LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Clarke to approve Ordinance 95-2033-A as read by the City Attorney. Second by Councilperson Thrower. The motion carried, 9 ayes and 0 nays. • Minutes Regular Meeting La Porte City Council May 8, 1995, Page 7 Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 13. CONSIDER ORDINANCE AMENDING ORDINANCE 842AND 842-A, ORDINANCES DESIGNATING CERTAIN LAND WITHIN THE EXCLUSIVE EXTRATERRITORIAL JURISDICTION OF THE CITY OF LA PORTE, TEXAS, AS AN INDUSTRIAL DISTRICT TO BE KNOWN AS "BAYPORT INDUSTRIAL DISTRICT NO 11 (Ord 842-B) - R. T. Herrera City Manager R. T. Herrera reviewed for Council the reasons for the request. Mr. Herrera stated, "We need to redraw the boundaries defining the outside parameters of the Bayport Industrial District which will now include Southern Ionics." City Attorney read: ORDINANCE NO. 842-B - AN ORDINANCE AMENDING ORDINANCE NO 842 AND 842-A, ORDINANCES DESIGNATING CERTAIN LAND WITHIN THE EXCLUSIVE EXTRATERRITORIAL JURISDICTION OF THE CITY OF LA PORTE, TEXAS, AS AN INDUSTRIAL DISTRICT TO BE KNOWN AS "BAYPORT INDUSTRIAL DISTRICT NO. 1 OF LA PORTE, TEXAS"; RESERVING AND PRESERVING ALL RIGHTS, POWERS AND DUTIES OTHERWISE REPOSING BY LAW IN THE CITY COUNCIL OF THE CITY OF LA PORTE; PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Thrower to approve Ordinance 842-B as read by the City Attorney. 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 14. CONSIDER POLICY FOR PROVIDING POTABLE WATER SERVICE TO AREAS OUTSIDE THE CORPORATE LIMITS OF LA PORTE AND APPROVE FORM OF WATER SERVICE AGREEMENT AND UTILITY EXTENSION AGREEMENT - J. Joerns City Manager R. T. Herrera brought to Council's attention to the Workshop meeting held January 30, 1995, where Mr. Joerns made a presentation to City Council defining a request which was made by industry outside the City limits of La Porte asking for potable water. Council was provided with spread sheets and information regarding these requests. A potential of eight (8) companies were requesting water. One was outside the Bayport Industrial District, and Council did not wish to Minutes Regular Meeting La Porte City Council May 8, 1995, Page 8 provide any company who did not have contractual obligations to the City of La Porte. Of the seven (7) remaining companies two are still requesting potable water services from the City of La Porte, Akzo Chemi and Rohm and Haas. Mr. Joerns will review some policy direction given at that meeting and how the staff formatted into a contract document both in Utility Extension Agreement and a Potable Water Service Agreement. Mr. Joerns reviewed with Council the proposed policy for providing water to industries outside the City (but within extraterritorial jurisdiction); the proposed form of Water Service Agreement; proposed form of utility Extension Agreement. If Council approves the policy and form of the agreements, then staff will utilize the policy and accompanying documents. Council would still have final approval of each industry's individual contract per terms of both the established policy and Code of Ordinances. Council would review and revise policies or enter into other agreements as they see fit. Mr. Joerns stated, "Council does not have to enter into an agreement with any of the requesting companies. It will be on a case by case basis." Mayor Malone read: Consider policy for providing potable water service to areas outside the corporate limits of La Porte, approve form of water service agreement, and utility extension agreement. Motion was made by Councilperson Sutherland to approve the policy providing water to industries outside City's corporate limits and approve as to form the Water Service Agreement and Utility Extension Agreement as read by Mayor Malone. 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 15. CONSIDER AWARDING SEASONAL CONCESSION OPERATIONS, SUBJECT TO SPECIFIED CONDITIONS. TO CASUAL CATERING FOR CONCESSION OPERATIONS AT THE LITTLE CEDAR BAYOU WAVE POOL - S. Barr Director of Parks and Recreation Stephen Barr reviewed the summary and recommendations to award seasonal concession operations, subject to the specified conditions, to Casual Catering for concession operations at the Little Cedar Bayou Wave Pool. • 0 Minutes Regular Meeting La Porte City Council May 8, 1995, Page 9 Motion was made by Councilperson Maxwell to award the concession operations, subject to the specified conditions, to Casual Catering for concession operations at the Little Cedar Bayou Wave Pool. 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. ADMINISTRATIVE REPORTS A. FAMILY DAY AT THE WAVE POOL City Manager R. T. Herrera reminded Council they and their families are invited to the May 20th Family Day at the Wave Pool from 10:00 A.M. to 4:00 P.M. He also congratulated Councilperson McLaughlin, Gay, and Maxwell on their election to City Council. He stated, "I am looking forward to working with you for the next three years." Mr. Herrera extended best wished to the Desai's for success in their endeavor. He assured the Desai's that the City Staff met many challenges because we had to deal with all the utility companies involved. Mr. Herrera thanked Mark Lewis, John Joerns, and Jeff Litchfield for their assistance in working with these companies. Mr. Herrera reported he will be visiting with Council to discuss the parameters which they may or may not be considering for the future of the Seabreeze property which the City will now acquire. 17. COUNCIL ACTION Councilpersons Sutherland, Thrower, McLaughlin, Porter, Gay, Maxwell, and Mayor Malone brought items to Council's attention. 18. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084, GOVT. CODS VERNON'S TEXAS CODES ANNOTATED, - (CONSULTATION WITH ATTORNEY, DELIBERATION 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) 0 • Minutes Regular Meeting La Porte City Council May 8, 1995, Page 10 A. SECTION 551.071 - (LEGAL) MEET WITH THE CITY ATTORNEY TO DISCUSS BARFIELD AND PRINCE CASES B. SECTION 551.071 - (LEGAL) MEET WITH CITY ATTORNEY TO DISCUSS SOUTHERN IONICS, INC. AD VALOREM TAXES AND IN LIEU OF TAXES Council retired into Executive Session at 7:34 P.M. to discuss A.) Meet with the City Attorney to Discuss Barfield and Prince Cases; B.) Meet with City Attorney to discuss Southern Ionics, Inc. Ad Valorem Taxes and In Lieu of Taxes. Council returned to the table at 8:30 P.M. with No Action Taken. 19. ADJOURNMENT There being no further business to come before Council, the meeting was duly adjourned at 8:32 P.M. Respectfully sub itted, Sue Lenes, City Secretary Passed and Approved this the 22nd day of May, 1995 /Md&or%Ntorma/nL. alone 0 0 4 office of the Mayor 'WJ ion ®4rami :Emergency Medical Services is a vital public service and access to quality emergency care which dramatically improves the survival rate of those who experience sudden illness or injury; and WHEREAS, efforts to establish emergency medical services as a medical specialty began twenty-five years ago; and WHEREAS, the members of emergency medical services teams consist of emergency physicians, emergency nurses, emergency medical technicians, paramedics, educators, administrators, and others; and WHEREAS, the members of emergency medical services teams engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills and the people of La Porte, Texas benefit daily from the knowledge and skills of these highly trained individuals; and WHEREAS, it is appropriate to recognize the value and the accomplishments of emergency medical services providers by designating Emergency Medical Services Week; and WHEREAS, the designation of Emergency Medical Services Week will serve to educate the people of La Porte, Texas about injury prevention and how to respond to a medical emergency. NOW, THEREFORE, I, NORMAN L. MALONE, MAYOR of the City of La Porte, in recognition of this event do hereby proclaim the week of May 14-20, 1995 as EMERGENCY MEDICAL SERVICES WEEK in the City of La Porte, and encourage the community to observe this week with appropriate programs, ceremonies, and activities. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed hereto, this the 8th day of May, 1995. CITY OF LA PORTE Norman L. Malone, Mayor 0 • (5 0 • ORDINANCE NO. 95- 2029 AN ORDINANCE DECLARING THE RESULTS OF THE ELECTION HELD IN THE CITY OF LA PORTE ON MAY 6, 1995, FOR THE ELECTION OF COUNCILPERSON-AT- LARGE--POSITION A; COUNCILPERSON DISTRICT 4; AND COUNCILPERSON, DISTRICT 5; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, there was held in the City of La Porte on the 6th day of May, 1995, an election for the purpose of electing Councilperson- at-Large--Position A; Councilperson -- District 4; and Councilperson -- District 5; all in accordance with Section 8.10 of the Home Rule Charter of the City of La Porte; and WHEREAS, there were cast at said election for the following listed persons the number of votes opposite their respective names: COUNCILPERSON AT LARGE --POSITION A Bob McLaughlin 789 COUNCILPERSON -- DISTRICT 4 Deotis Gay 93 COUNCILPERSON -- DISTRICT 5 Jamie Smith 93 Bill Snead 114 Jack Maxwell 209 as shown in the official election returns heretofore delivered by the Election Judge and officials to the Mayor and City Council of the City of La Porte and submitted to the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. That said election was duly called and notice thereof given in accordance with law; that said election was held in the manner required by law; that due returns of said election have been made by the proper officers; that said returns have been canvassed by the City Council of the City of La Porte; that said election has resulted in the election of the following named persons, to -wit: i • ORDINANCE NO. 95- 2029 PAGE 2 COUNCILPERSON AT LARGE --POSITION A Bob McLaughlin COUNCILPERSON -- DISTRICT 4 Deotis Gay COUNCILPERSON -- DISTRICT 5 .Tack R. Maxwell 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 8th day of May, 1995. CITY.'n F LA PORTE BY Nortan L.- Mdl(brfe, Mayor ATTEST: Sue—Lenes City Secretary APPROVED: Knox W. Askins City Attorney ORDINANCE NO. 95- 2030 AN ORDINANCE DECLARING THE RESULTS OF A REFERENDUM ELECTION HELD IN THE CITY OF LA PORTE ON MAY 6, 1995, FOR THE PURPOSE OF VOTING FOR OR AGAINST A PROPOSITION AUTHORIZING AN AGREEMENT BY THE CITY OF LA PORTE FOR THE ACQUISITION OF BAY FRONT PROPERTY ON GALVESTON BAY IN THE CITY OF LA PORTE, FOR PUBLIC PURPOSES; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, there was held in the City of La Porte on the 6th day of May, 1995, an election for the purpose of voting for or against a proposition authorizing an agreement by the City of La Porte for the acquisition of bay front property on Galveston Bay in the City of La Porte, for public purposes; and WHEREAS, there were cast at said election the following number of votes: "FOR" - 819 "AGAINST" - 530 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. That said election was duly called and notice thereof given in accordance with law; that said election was held in the manner required by law; that due returns of said election have been made by the proper officers; that said returns have been canvassed by the City Council of the City of La Porte; that said election has resulted in the passage of the proposition authorizing an agreement by the City of La Porte for the acquisition of bay front property on Galveston Bay in the City of La Porte, for public purposes. 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 ORDINANCE NO. 95- 2030 PAGE 2 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 8th day of May, 1995. CITV OF LA PORTE BY N an a _ ne, Mayor ATTEST: Sue Lenes City Secretary APP aVED: , Knox W. As ins City Attorney . not 'directly ors<• inairecl"y�> ypaa 3 promsed2,to :contribute any, moneyM;; or promised any public officeor o reward;=for the giving,-or-.withh`old� election at which:,j was elected x ack R Y'Maxwe ass •.3 ;� ,+.;. .� a^ ¢'.. �a+'�, 5wornTEtof,.and rsubscribed�beforeme e-�.TNiaV A t 1 rY:j Sue Lenes,rNota Public „` for tte'St`ate"�of .Texas,-,:7z t�ky r ay Y i mono no SUE �^LENES as`R'; t x . IVLI:rIIVW `y --1t j.,F * � ♦ `� .r r � ,ak'�z&'v i I�� - tk`��"4ttgr TE 1pc�ivw�., p 4 t ,,^' �, U RV � � t•":. � Q � i:,� GAfR7W 12'1�'98 ��,� t � #. +�€�,�� Itr f�y� � K�, �$ €iK i�g�mc.}a i iz i r t r k� Pvy Y t yl •• , s } r .1, art +ae :me � s k jOx' {f � V 'p day A r� a s IVPa �r, d � and t i 1 n § y r, & Y n ;> 40+�y�1'�X7p i yF 771!T�� r OFFICE OATTOF- wg 'n 0 UNCIL 6 fJV� C f L e S'�, 0 the exas--,-:an e st ` of en le:,'.,.,.;protEictt-,��,-.,an..Id ef c 'the A -", United ,,`AS-, esfang of >KCharter and or'a irjances or- tills" more {'soie"inn y.izwe iridA rectldftocontributeoney, dal% -any - 0 ff ;'wed ,arivpublc-ice orT DeotIs P 6kt&; nstitU 101. Ell State ity; f ere ble%�;thln g 'g anent;21,a s a' AA- 'd' pme" . e1% V-1 8thj,c AA� 411 , V; V� IA� 71-1 Public^{in, and xa S, 4 -A P 4 -efy i"I' 31 Al, p n V V., A� w 7 o' AA J x OFFICE` t4 "k N�t N , 4Z A'o solemnlyclo tqv AUGHL BOB , ",`,:McL" 'IN ' A. -execute— 4 the GE AT Ice!, Of M, di ei of X the f of t Porte, T h t of La ' �lp u , z�' - I I- O""N- 0 ' r, to the t -ability State 0 T4k'l " best ','.0 f T e"k 'a and 01 coristiti6rf ec ;Jan t tates,�,�an oi pre:' pr, AOt�h St� te "a' !.,uni ed--s Is"% �i and or hiattere and f h f itty,4 -�Jy 'iswear 7 "emi Ukthermorel-'so of f erez or d nlg�s'`,' ti q�-t . . . . . . . . . . A, A 7 WI-M i RF" K C�ertifuttte of Tertian ,,--St-atz of _texas ss PatCity ot f la CoatIe eeZZ&V, CITY SECRETARY, CITY OF LAPORTE, DO HEREBY CERTIFY THAT AS A RESULT OF THE ELECTION HELD IN -SAID CITY ON THE DAY OF TO THE OFFICE OF CITY COUNCIL PERSON AS APPEARS FROM A CANVASS OF THE VOTES BY THE MAYOR AND CITY COUNCIL, IN "v r%r-r-ltl%r_ NOW ON FILE AND OF RECORD At 3viturss Wherrof, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SE L OF SAID CITY AT LA PORTE, THIS-966-- (A " 't DAY OF I A.D. 19-qff CITY SECRETARY Terfifuttfe of TEertinn <S-tatz of E7zxa:i ss dity of la 973otta � I S'1/ip:S' CITY SECRETARY, CITY OF LA PORTE, DO HEREBY CERTIFY THAT AS A RESULT OF THE ELECTION HELD IN SAID CITY ON THE DAY OF 19-17,ori ,-%f TO THE OFFICE OF CITY COUNCIL PERSON AS APPEARS FROM A CANVASS OF THE VOTES BY THE MAYOR AND CITY COUNCIL, NOW ON FILE AND OF RECORD IN MY OFFICE. L. Ai,.. PC At Witurso Wharxif, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE S L OF SAID CITY AT LA PORE, THIS �spffl DAY OF 7�w , A. D. 199-5 S. CITY SECRETARY W-M Q'1'4"� S er P� 'All ET TV, AT 'd- , utr ';-'rnatr of TErrtinn estate of E7zxa:i ss City of la (Polde tYlAte AP44�V CITY SECRETARY, CITY OF LA PORTE, DO HEREBY CERTIFY THAT AS A RESUT OF THE ELECTION HELD IN SAID CITY ON THE i DAY nr19- TO THE OFFICE OF CITY COUNCIL PERSON AS APPEARS FROM A CANVASS OF THE VOTES BY THE MAYOR AND CITY COUNCIL, AAA NOW ON FILE AND OF RECORD IN MY OFFICE. 3tt louttess Wherraf, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL.OF SAID CITY AT LA PORTE, THIS DAY OF A.D. 19.4"-' CITY SECRETARY . . . . . . . . . . . ,ilk; . N ...... .... . . . . . . . . . . . . .......... 0 • po ORDINANCE NO. 95- 2031 AN ORDINANCE APPOINTING A MEMBER OF THE CITY COUNCIL TO SERVE AS MAYOR PRO TEM OF THE CITY OF LA PORTE, FOR A ONE YEAR TERM; 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, TEXAS: Section 1. The City Council of the City of La Porte hereby appoints Alton Porter one of its members, to serve as Mayor Pro Tem of the City of La Porte, for the term May 8, 1995, through May 8, 1996, and until his successor shall have been duly appointed and have qualified. Section 2. Said appointee shall perform all the duties of the Mayor in his absence or disability. 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, Chapter 551, Government Code, Vernon's Texas Codes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Ordinance shall take effect and be in force from and after its passage and approval, and it is so ordered. Ordinance No. 95- 2031 Page 2. PASSED AND APPROVED this the 8th day of May, 1995. CITY OF LA PORTE l Norman L. Malone, Mayo ATTEST: 1 _ A� ZLC—� Sue Lenes, City Secretary APP VOVO ED• ' 1 Knox W. Askins, City Attorney SVEST FOR CITY COUNCIL AGENDA ITS Agenda Date Requested: May 9. 1995 Requested By: Mark LewisDepartment: Planning Acr— Report Resolution X Ordinance Exhibits: 1. Street Closing Ordinance 2. Location Map 11uZT�2 A �10101M HA:n1Wei r Summary Mr. Douglas Latimer, Jr. has petitioned the City to close, vacate, and abandon a one block portion of the North Adams Street right-of-way. The section in question is located between the North 17th and North 18th Street rights -of -way. The closing is being requested for the purpose of consolidating two parcels of property owned by the applicant into a single tract. The closing request has been, as per established procedure, reviewed by City staff and franchise utility companies. There is not objection to closing this section of right-of-way. The City will, however, retain an easement to insure access to a 15" sanitary sewer line that is located in the right-of-way. Further, the City will retain the right to review plans and establish construction standards for any paving that extends Into the easement. These stipulations are included as provisions of the attached ordinance The appraised value of the section of right-of-way to be closed equals $18,057.67. This sum is payable to the City. Recommendation Staff recommends approval of this request subject to the following stipulations: 1. Payment of $18,057.67 be made to the City for purchase of the right-of-way. 2. Completion of the street closing request shall take place not more than thirty (30) days from the date of City Council approval. Action Required by Council: Consider approval of an ordinance to close, vacate, and abandon a one block portion of the North Adams Street right-of-way. Mailability of funds: General Fund _ Water/Wastewater Capital Improvement _ General Revenue Sharing Other Account Number: Funds Available: YES NO Approved for City Council Agenda CIS CityCity Manager ORDINANCE NO. 95- 2032 AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF WEST ADAMS STREET, IN THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. . WHEREAS, the City Council of the City of La Porte has been requested by record owner of all of the property abutting the hereinafter described portion of West Adams Street, in the Town of La Porte, Harris County, Texas, to vacate, abandon, and permanently close that portion of West Adams Street; and WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine and declare that the hereinafter described portion of West Adams Street, Town of La Porte, Harris County, Texas, is not suitable, needed, or beneficial to the public as a public road, street and alley, and that the closing of the hereinafter described portion of West Adams Street, Town of La Porte, Harris County, Texas, is for the protection of the public and for the public interest and benefit, and that the hereinafter described portion of said West Adams Street, should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Under and by virtue of the power granted to the City of La Porte under its Home Rule Charter and Chapter 13, Title 28, Article 1175, of the Revised Civil Statutes of the State of Texas, 1925, the hereinafter described portion of West Adams Street, Town of La Porte, Harris County, Texas, is hereby permanently vacated, abandoned and closed by the City of LaPorte, to -wit: Being that portion of the right-of-way of West Adams Street between Block 679 and 690, Town of La Porte, Harris County, Texas, and between the east right-of-way line of North 18th Street and the west right-of-way line of North 17th Street. 0 Ordinance 95- 2032 Page 2 of 3 Save and except, the City of La Porte retains a utility easement across this portion of West Adams Street from the east right-of-way line of North 18th Street to the west right-of-way line of North 17th Street. Said easement shall be twenty (20) feet in width and lies ten (10) feet on either side of the center line of the existing 15 inch diameter sanitary sewer line in the right-of-way. The City of La Porte, for itself, its successors and assigns, and the public utilities holding franchises from it, shall have the perpetual right, privilege and easement, with appropriate rights of ingress and egress and reasonable working area for construction and maintenance, to enter upon and construct, reconstruct, maintain, operate, inspect, replace, repair and remove public utility facilities, together with all necessary improvements under and across West Adams Street, as described herein. All paving plans and specifications shall be subject to the prior approval of the City of La Porte, including, but not limited to the placement of construction joints in any paving. The City of La Porte and its franchised public utilities shall not be obligated to restore or repair any such paving necessitated by the exercise of such public utility rights and privileges. No permanent improvements other than paving and landscaping shall be erected on said property. Section 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This ordinance shall be effective from and after its passage and approval, and it is so ordered. Applicant shall have thirty (30) days from the effective date hereof to Ordinance 95- 2032 Page 3 of 3 pay the City of La Porte, in certified funds the sum of $18,057.67 as consideration hereunder. The City Secretary shall not issue a certified copy of this Ordinance until such payment is made. If such payment has not been made within thirty (30) days from the effective date hereof, this Ordinance shall be null and void. PASSED AND APPROVED, thisday of 1995. CITY OF LA PORTE BY A/el"VAI A-1 2�2L� /1'4rman L. Malon , Mayor ATTEST: City Secretary APPROVED: City Attorney 6 8 679 15' EXIST. 1 T SAN. SWR. LINE PROP. 20' U.E. ORD. 836 266' 00 W. ADAMS ST. PROPOSED STREET CLOSING 0 6 t 6 0 689 c ORD. 692 • W. POLK ST. co 0 0 �J 4 NOTE: SI SHOWNWEREERE 7t5 7 6 1 TAKEN FROM Q, CONSTRUCTION PLANS PREPARED o BY THE CITY OF LA PORTE DATED 1981. ACTUAL EASEMENT o IS 10' ON EITHER SIDE OF THE SAC — 9 4 — 0 6 o CENTERLINE OF THE EXISTING PIPE. *9UEST FOR CITY COUNCIL AGENDA IT Agenda Date Requested: Mavi. 1995 Requested By: Mark Lewis Department Planning Report Resolution X Ordinance Exhibits: 1. Street Closing Ordinance 2. Location Map SUMMARY & RECOMMENDATION Summary This agenda item deals with a petition to close, vacate and abandon the portion of the West "F" Street right-of-way located between South 8th Street and SH 146. The request was initially presented to the City as a joint petition from Joe and Pauline Camp and Mr. and Mrs. Rahul Desai. The Camps own the property abutting the north boundary of the right-of-way. Mr. and Mrs. Desai own the abutting property to the south. The Camps have withdrawn from the petition. They have also, by letter, indicated that they have no objection to the Desai's acquisition of property located in the northern 1h of the right-of-way. The Desai's request will, therefore, deal with the entire width of the right- of-way. The Desai's are proposing to construct a 49 room Best Western Motel on their property. The street closure is being requested in order to facilitate the project's development. A portion of the motel's required parking and driveway maneuvering area will be located on the closed right-of-way. As required, staff has reviewed this request and found no public need to maintain the bulk of the right-of-way. Staff has also, as required, solicited comment from the City's franchise utilities. The utility companies concur that there is no need to leave the bulk of the right-of-way open. There are, however, located in the north 16' of the right-of-way, an 8" City water main, a line of HL&P utility poles, and underground telephone cables. Based on these circumstances, staff recommends that the northern 16' of the right-of-way not be closed, but rather be retained as a public way to serve as a utility corridor for the City and its franchise utilities. By separate ordinance, (also on Monday's agenda) the Desai's and any future owners of the property will be assigned permanent responsibility for maintenance and upkeep of the corridor. The appraised value of the section of right-of-way to be closed equals $63,794.25. This sum is to be paid to the City within the first thirty (30) days following ordinance passage. Failure to make this payment will result in the ordinance becoming null and void. Recommendation Subject to the following stipulations, staff recommends approval of this request. 1. Payment in the amount of $63,794.25 be made to City for closure of the southern 64' of the "F" Street right-of-way. 2. Payment for right-of-way closure to be completed within the first thirty (30) days following ordinance passage. 3. Council approval of and Mr. and Mrs. Desai's signatures affixed to 0f Ordinance 95-2033-A. / 1l Action Required by Council: Consider an ordinance closing, vacating and abandoning the southern 64' of a one block portion of the West "F" Street right-of-way. 6 - 0 Availability of Funds: N/A General Fund Capital Improvement Other Account City Manager Water/Wastewater General Revenue Sharing Funds Available: YES DATE ORDINANCE NO. 95-2033 AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF WEST "F' STREET, IN THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by record owner of all of the property abutting the hereinafter described portion of West "F' Street, in the Town of LaPorte, Harris County, Texas, to vacate, abandon, and permanently close that portion of West "F" Street; and WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine and declare that the hereinafter described portion of West "F' Street, Town of La Porte, Harris County, Texas, is not suitable, needed, or beneficial to the public as a public road, street and alley, and that the closing of the hereinafter described portion of West "F' Street, Town of La Porte, Harris County, Texas, is for the protection of the public and for the public interest and benefit, and that the hereinafter described portion of said West "F' Street, should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Under and by virtue of the power granted to the City of La Porte under its Home Rule Charter and Chapter 13, Title 28, Article 1175, of the Revised Civil Statutes of the State of Texas, 1925, the hereinafter described portion of West "F' Street, Town of La Porte, Harris County, Texas, is hereby permanently vacated, abandoned and closed by the City of LaPorte, to -wit: Being the southernmost 64' of the right-of-way of West "F' Street located between Block 124 and 141 and the residual of Blocks 123 and 142; Town of La Porte, Harris County, Texas, and between the east right-of-way line of SH 146 and the west right- of-way line of 8th Street. Said property being further described by map illustration attached to this ordinance, identified as Exhibit A and fully incorporated by reference herein. • Ordinance 95- 2033 Page 2 of 3 Section 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the'Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This ordinance shall be effective from and after its passage and approval and it is so ordered. Applicant shall have thirty (30) days from the effective date hereof to pay the City in certified funds, the sum of $63,794.25 as consideration hereunder. Applicant shall, within thirty (30) days from the effective date hereof, execute Ordinance No. 95-2033- A, a license agreement. Applicant shall have thirty (30) days from the effective date hereof to deliver a letter from Joseph A. Camp and Pauline Martin Camp withdrawing their application of street closing and offering no objection to the closing of sixty four (64) feet of West "F' Street for the benefit of the remaining applicant, Rahul and Amita Desai and further agreeing to save and hold harmless the City of La Porte from any other claims that may arise against the City in vacating, abandoning and closing the above described right-of- way. The City Secretary shall not issue a certified copy of this ordinance until such payment is made and license agreement executed. If such payment has not been made or if the 0 • Ordinance 95- 2 0 3 3 Page 3 of 3 specified license agreement has not been executed within thirty (30) days from the effective date hereof, this ordinance shall be null and void. PASSED AND APPROVED, this o Tv,. day of 1995. ;;IZ& OF LA PORTE BY anL. Malone, Mayor ATTEST: City Secretary APPROVED: ' City Attorney W. " E"--� S T . N co O m W N O co � U 1 24 pO 8 • N � �12 5 SAVE & EXCEPT 16' UTILITY CORRIDOR ---------------------- W. "F" ST. � o F PROP. RIGHT-OF-WAY CLOSING � U 142 O rn 01 41 140 QO W N OJ U W. " G" S T. l w cn J aa SAC-95-01 EXHlBfi A AUEST FOR CITY COUNCIL AGENDA ITS Agenda Date Requested: May. 8.1995 Requested By: Mark L wi Department: Planning Exhibits: Report Resolution X Ordinance Ordinance SUMMARY & RECOMMENDATION As discussed in the previous agenda item, a 16' wide strip of property is to be retained as a public way and utilized as a utility corridor for the City and its franchised utilities. This corridor will be maintained as a grassed area. The purpose of the attached ordinance is to permanently assign responsibility for maintenance of the corridor to the present and any future owners of the closed portion of the right-of-way. The ordinance makes provisions to allow landscaping (subject to City approval to the planting plan). There is to be no other private use of the property and it is to remain open and unobstructed. Action Required by Council: Consider an ordinance assigning responsibility for maintaining a 16' wide utility corridor located in a portion of the West "F" Street right-of-way. Availability of Funds: General Fund _ Water/Wastewater Capital Improvement _ General Revenue Sharing Other Account Number: Funds Available: YES NO Approved for City Council Agenda t ORDINANCE NO. 95-2033-A AN ORDINANCE GRANTING A LICENSE TO RAHUL DESAI AND WIFE, AMITA R. DESAI, FOR USE OF THE SURFACE OF THE NORTH SIXTEEN FEET (N.161) OF THE PORTION OF THE RIGHT-OF-WAY OF WEST 11F11 STREET BETWEEN BLOCKS ONE HUNDRED TWENTY-FOUR (124) AND ONE HUNDRED FORTY-ONE (141), TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, AND BETWEEN THE EAST RIGHT-OF-WAY LINE OF STATE HIGHWAY 146 AND THE WEST RIGHT-OF-WAY LINE OF 8TH STREET; RETAINING PUBLIC UTILITY EASEMENTS; PROVIDING TERMS AND CONDITIONS OF SUCH LICENSE; 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. Subject to the terms and provisions hereof, and under and by virtue of the power granted to the City of La Porte under its Home Rule Charter, and Chapter 13, Title 28, Article 1175, of the Revised Civil Statutes of Texas, 1925, the City of La Porte hereby grants a license for the use of the surface of the hereinafter described portion of an alley in the City of La Porte, to Rahul Desai and wife, Amita R. Desai, to -wit: THE NORTH SIXTEEN FEET (N.16') OF THE RIGHT-OF-WAY OF WEST "F" STREET BETWEEN BLOCKS ONE HUNDRED TWENTY-FOUR (124) AND ONE HUNDRED FORTY-ONE (141), AND BETWEEN THE RESIDUAL OF BLOCKS ONE HUNDRED TWENTY-THREE (123) AND ONE HUNDRED FORTY-TWO (142), TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, AND BETWEEN THE EAST RIGHT-OF-WAY LINE OF STATE HIGHWAY 146 AND THE WEST RIGHT-OF-WAY LINE OF 8TH STREET; SAID PROPERTY BEING FURTHER DESCRIBED BY MAP ILLUSTRATION ATTACHED TO THIS ORDINANCE AS EXHIBIT "A" AND FULLY INCORPORATED BY REFERENCE HEREIN. Section 2. The term of this license shall be for so long as Rahul Desai and wife, Amita R. Desai, their successors or assigns, operate a lawful business on Block One Hundred Forty-one (141), Town of La Porte, Harris County, Texas. Section 3. As consideration for this license agreement, Rahul Desai and wife, Amita R. Desai, their successors and assigns, agree to landscape and maintain a "conservation setback" on the property described in Section 1 hereof, in accordance with the terms and provisions of ordinance No. 1501, the City of La Porte Zoning Ordinance, which provides, among other things, for landscaping with trees, shrubs, and groundcover, with a planting plan required to be ORDINANCE NO. 95-2033-A PAGE 2 submitted and approved by the City of La Porte. At a minimum, Rahul Desai and wife, Amita R. Desai, their successors and assigns, shall maintain and mow the grass on said property. The landscaping and maintenance of such landscape area for the City of La Porte, and the continuing maintenance of such landscaping, shall be a consideration for the continuance of this license agreement. Section 4. Rahul Desai and wife, Amita R. Desai, their successors and assigns, shall not use the surface of the property described in Section 1 hereof, for driveways, parking, or any other business use except landscaping and grass, as provided for in this license agreement. The license rights granted to Rahul Desai and wife, Amita R. Desai, their successors and assigns, hereunder, shall be subject to and limited by the terms and provisions of each utility franchise agreement between the City of La Porte and its various franchised public utilities, and shall also be subject to the right of the City of La Porte to use the property described in Section 1 hereof, for all public utilities owned and operated by the City of La Porte. Section 5. Rahul Desai and wife, Amita R. Desai, join in the execution of this license agreement, to evidence their agreement and consent to the terms and provisions hereof. Section 6. Except as expressly set forth herein, this Ordinance shall not limit or otherwise mitigate the provisions of any other applicable City of La Porte ordinance or regulation including, but not limited to, the terms and provisions of Ordinance No. 1501, the City of La Porte Zoning Ordinance. Section 7. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was ORDINANCE NO. 95-2033-A PAGE 3 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. PASSED AND APPROVED, this 8th day of May, 1995. ZCIT OF LA PORTE BY / /N6=an L. Malone, Mayor ATTEST: City Secretary APPROVED: City Attorney ACCEPT D AGREED: Rahi Amita R. Desai W. "E' ST. co m O co N 00 � 0 W � O U 4T1 ' co N pO 8 124 • 12 5 U � SAVE & EXCEPT 16' UTILITY CORRIDOR o n PROP. RIGHT-OF-WAY CLOSING W 142 _ n rn 01 0 U 41 40 0 U W. " G" S T. V � y U SAC-95-01 ncHIBrr A 0 ORDINANCE NO. 842-B • AN ORDINANCE AMENDING ORDINANCE NO . 842 AND 842-A, ORDINANCES DESIGNATING CERTAIN LAND WITHIN THE EXCLUSIVE EXTRATERRITORIAL JURISDICTION OF THE CITY OF LA PORTE, TEXAS, AS AN INDUSTRIAL DISTRICT TO BE KNOWN AS "BAYPORT INDUSTRIAL DISTRICT NO. 1 OF LA PORTE, TEXAS"; RESERVING AND PRESERVING ALL RIGHTS, POWERS AND DUTIES OTHERWISE REPOSING BY LAW IN THE CITY COUNCIL OF THE CITY OF LA PORTE; PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, it is the established policy of the City Council of the City of La Porte to adopt such reasonable measures from time to time as are permitted by law and which will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of old industries therein; and WHEREAS, the City Council of the City of La Porte after due and careful consideration has heretofore determined that it is in the public interest to adopt this Ordinance No . 842-B pursuant to Section 5, Article I, of the Municipal Annexation Act, and to designate the land hereinafter described as an industrial district; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The territory described on Exhibit "A" attached hereto, incorporated by reference herein, and made a part hereof for all purposes, is hereby designated an industrial district of the City of La Porte. Section 2. The industrial district designated and established hereby shall be known as "Bayport Industrial District No. 1 of La Porte, Texas." Section 3. It is hereby declared to be the purpose of the City Council of the City of La Porte to treat with such area from time to time as may be in the best interest of the City and in the attraction and maintenance of industry therein. Section 4. The City Council of the City of La Porte may enlarge or diminish such permitted by law and the therein, and the City of rights and powers of the industrial district, exc as provided in the contr land therein pursuant to industrial district from time to time as contract(s) with the owners of the land La Porte hereby reserves and preserves all City of La Porte with respect to such apt as herein expressly otherwise stated and act(s) entered into with the owner(s) of the terms hereof. ORDINANCE NO. 842-B Page 2 Section 5. Should any portion of the area herein designated as an industrial district be not actually situated within the extraterritorial jurisdiction of the City of La Porte, Texas, and not therefore capable of being so designated, such fact shall not affect the validity of this designation as to the remaining portions of said area. Section 6. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, 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 7. Ordinance 842, passed and approved January 5, 1970, is repealed only to the extent of any conflict herewith. Ordinance 842-A, passed and approved November 11, 1991, is repealed only to the extend of any conflict herewith. Section S. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this �k day of , 1995. CITIV OF LA PORTE BY L 2 N rmari L. Mane, Mayor ATTEST: Sue Lenes, City Secret y APP VED: Knox W. As ins, City Attorney • EXHIBIT A ORDINANCE 842-B BAYPORT INDUSTRIAL DISTRICT NO. 1 BEGINNING at a point in the Richard Pearsall 1/3 League, A-625, said point being in the south right-of-way line of Fairmont Parkway (250 feet wide), said point being also in the west right-of-way line of the Southern Pacific Railroad; THENCE, westerly along the south right-of-way line of Fairmont Parkway to its intersection with the west line of a 200 foot wide Harris County Flood Control District right-of-way for Willow Spring Gully which is designated as Ditch No. B 112-00-00; THENCE, southwesterly coincident with the meanders of the west line of the 200 foot wide right-of-way of Willow Spring Gully, Harris County Flood Control District Ditch B112-00-00, to its intersection with the south line of the W.M. Jones Survey, A-482 and also being the north line of the George B. McKinstry Survey, A-47; THENCE, east with the north line of the George B. McKinstry Survey, A-47 and the south line of the W.M. Jones Survey, A-482 and the corporate limit line of the City of Pasadena to the east line of the 200 foot wide right-of-way of Willow Spring Gully, Harris County Flood Control District Ditch No. B112-00-00; THENCE, southwesterly with the east line of the 200 foot wide right-of-way of Willow Spring Gully, Harris County Flood Control District Ditch B112-00-00 to a point 469 feet south of the north line of the George B. McKinstry Survey, A-47; THENCE, east being 469 feet south of and parallel to the north line of George B. McKinstry Survey, A-47, to a point 200 feet west of the west line of that certain tract of land conveyed to Dart Industries and El Paso Products Co. by Friendswood Development Company by deed dated March 14, 1974 and recorded under Film Code Number 103-11- 0868, Deed Records, Harris County, Texas; THENCE, north 200 feet west of and parallel to the west line of the property conveyed to Dart Industries and El Paso Products Co. a distance of 469 feet to its intersection with the north line of the George B. McKinstry Survey, A-47; THENCE, easterly along the north line of the George B. McKinstry Survey, A-47 and the south line of the W.M. Jones Survey, A-482 to its intersection with the center line of Big Island Slough; THENCE, southerly along the meanders of the center line of Big Island Slough to its intersection with a line parallel to and 3,410 feet more or less measured at right angles southerly from the north line of the George B. McKinstry Survey, A-47, for a point for corner, said point being on the north line of that territory annexed to the City of Houston by Ordinance No. 65-1555 B-R; 0 • THENCE, easterly along the north line of said territory described by Houston Ordinance No. 65-1555 B-R and its easterly extension, parallel to and 3410 feet more or less south of the north line of the George B. McKinstry Survey, A-47, and the south line of the W. M. Jones Survey, A-482 and the Richard Pearsall 1/3 League, A-625 to its intersection with the west right-of-way line of the Southern Pacific Railroad; THENCE, north along the west right-of-way of Southern Pacific Railroad to the POINT OF BEGINNING, it being the intention of the City Council of the City of La Porte to include in Bayport Industrial District No. 1, every portion of the City extraterritorial jurisdiction areas south of Fairmont Parkway and west of the Southern Pacific Railroad right-of-way, except those areas hereinafter SAVED and EXCEPTED. Provided, however, there shall be SAVED and EXCEPTED from the territory deemed Bayport Industrial District No. 1, the following described property, to -wit: (1) A 100' wide strip south of and parallel to the south right-of-way line of Fairmont Parkway; (2) A 180' wide strip west of and parallel to the west right-of-way line of the Southern Pacific Railroad. Said 100' wide strip extending from the south right-of-way line of Fairmont Parkway southerly to the south line of the Richard Pearsall 1/3 League, A-625. (3) A 170' wide strip north of and parallel to the south line of the W.M. Jones Survey, A-482, and the Richard Pearsall 1/3 League, A-625, from the west right-of-way line of the Southern Pacific Railroad for a distance of approximately 6,328 feet to a point in the west line of a 120 foot Houston Light and Power Company right-of-way, as recorded in Vol. 7146, Page 375, Harris County Deed Records. Thence, a 100 foot wide strip north of and parallel to the south line of W.M. Jones Survey, A-482, and bounded on the east by the west line of the said Houston Light and Power 120 foot right-of-way and bounded on the west by the west line of the 200 foot wide Harris County Flood Control District right-of-way for Willow Spring Gully (B-112-00-00); (4) Any property which has previously been annexed and is now part of and within the corporate limits of the City of LaPorte; (5) Any property included in the description of the Bayport Industrial District which is owned by Houston Lighting and Power Company. 9 4 • • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Mav,91 1995 Requested By: John Joerns Department: Administration i` Report Resolution Ordinance Exhibits: ■ Executive Summary from January 30th workshop ■ 1983 Policy for Potable Water Service outside City modified to show proposed changes ■ Proposed Water Service Agreement ■ Proposed Utility Extension Agreement SUMMARY & RECOMMENDATION At a workshop held January 30, 1995, Council reviewed changes to policy for provision of potable water outside City limits. The proposed policy revisions were designed to accommodate requests for water service from industries in Bayport City's Industrial Districts and same time protect the City's water supply. Council requested that staff continue negotiations with industry and develop a Water Service Agreement and Utility Extension Agreement along the policy guidelines reviewed at the January 30th workshop. Tonight, staff is presenting for Council's review and consideration: a) Policy for providing water to industries outside the City (but within extraterritorial jurisdiction). b) Proposed form of Water Service Agreement. c) Proposed form of Utility Extension Agreement. If Council approves the policy and form of agreements, then staff will utilize the policy and accompanying documents. Council would still have final approval of each industry's individual contract per terms of both the established policy and Code of Ordinances, Section 26-18. Of course, Council may review and revise policies or enter into other agreements as they see fit. Action Required by Council: Consider approving a policy for providing water to industries outside City's corporate limits and approve as to form the Water Service Agreement and Utility Extension Agreement. Availability of Funds: N/A General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: YES NO • SUMUARY • The attached report details the background of requests for water and sewer service outside the city limits (but within the ETJ). The January 30th workshop will focus on eight requests for water service received this fall. These requests appear to be driven by enforcement of TNRCC regulations of potable water systems. 'These companies are researching their options and have asked the City to consider furnishing potable water to them. Most of the estimates supplied are within expected demands for employee domestic/sanitary needs. The Staffs presentation and recommendation is based on furnishing of domestic/sanitary needs only. The report describes the City's past policy as a "good neighbor" policy. It was developed when availability of water supply was not a critical issue. The report essentially offers for Council's consideration a re- affirmation of the 1985 "good neighbor" policy with modifications to protect the availability of water necessary for current customers plus anticipated growth within the City. The benefit for the City is an increase in revenues for otherwise available but unused water. The modifications are: e require compliance with applicable local ordinances and regulations regarding water service ® require permitting and inspection of all water mains and plumbing systems a establish a term for service - 5 years is proposed e confirm a water rate of 1.5 times that charged in the City ® establish a reasonable tie-in fee - $100.00 per employee; with a minimum of $5,000 and a maximum of $15,000 0 establish a surcharge for exceeding anticipated domestic / sanitary demands. In addition. the City would need to adopt policies regarding extensions of lines outside the City limits. The approach here is to modify the utility extension agreement currently used by the City. The modifications are: ® City determines locations, line sizes and approves plans ® No outlay of City funds (other than administration of contracts and policies) ® Lines to be installed in easements or if installed in rights -of -way Industry would be responsible for future relocation expenses. We proposed to enforce these policies through two agreements: ® Water Service Agreement e Utility Extension Agreement If Council concurs with this approach we plan to host a meeting with these industries. There would need to be further discussion / resolution of the base employee demands and surcharge for exceeding these demands. Staff would then return to Council for final consideration and review of draft agreements. 0 • Requests for Potable Water service outside the City of La Porte I. II. The proposed user shall supply the following information in writing: 1. Statement of utility demands *1 including as a minimum: Average day demand Peak day demand Peale hourly demand (if applleable* Fire ,,,t,..tee i erg *2 Minimum working pressure requirements Which shall be reviewed and approved by the City of La Porte 2. Certified site plan showing the total acreage of the tract including present and proposed improvements and a suitable location map of the site. City of La Porte utilities based on will determine availability of adequate If adequate utilities are available the provisions outlined in Section III shall apply. If adequate utilities are not available potable water service shall not be recommended unless special provisions are made (and approved) for a utility extension of proper size to meet present and projected demands for municipal water service for the area. All proposed extensions shall meet the City of La Porte policy for a utility extension agreement which requires: - procurement of all necessary easements, right-of-ways, permits, etc. (at no cost to the City) - dedication of utility to the City of La Porte as well as other provisions. III. Requests for Wable water service by us& outside the City limits of La Porte shall be subject to the following conditions: 1. Must have City of La Porte Council approval. ■ City determines locations, line sizes and approves plans ■ No outlay of City funds (other than administration of contracts and policies) ■ Lines to be installed in easements or if installed in rights -of -way Industry would be responsible for future relocation expenses. 2. Require that City water be used for human consumption, washing, etc., and at no time be used for process water of any sort without specific approval of City Council. 3. Where required by the City of La Porte (mandatory for all process -type plants) a reduced pressure zone backf low preventor must be installed to protect the City from any possible cross -connections. 4. When recommended by the City of La Porte, a meter bypass will be installed. 5. All plumbingshall `"```?l meet a licable State and City of Morte... dode requirements. City of La Porte shall have the right to inspect any and all work related to the furnishings of potable water to the user. 6. 7. feet fees en the area develeped and impreved, ineluding e€f-street-parltingar.. areas net _eluding areas _nten a The user shall pay 150% of the water rates currently in effect for users within the corporate limits of the City of La Porte. 8. The user shall enter into a contract with the City of La Porte outlining the provisions for potable water service outside the corporate limits of La Porte. 9. • • STATE OF TEXAS § COUNTY OF HARRIS § WATER SERVICE AGREEMENT This AGREEMENT made and entered into by and between the CITY OF I.A PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and , a corporation, hereinafter called "COMPANY". I. COMPANY is the owner of certain real property which is situated in CITY'S Bayport Industrial District and not within the corporate limits of the CITY. CITY and COMPANY are parties to a current Industrial District Agreement. CITY and COMPANY have entered into a "Utility Extension Agreement" of even date herewith, which provides for the extension of CITY'S potable water to COMPANY'S property. II. COMPANY is desirous of purchasing potable water from CITY for usual human domestic consumption and uses, and not for use for industrial processes of any kind. Previous planning considerations for the long range potable water supply of CITY did not include the needs of property located outside the city limits of CITY. COMPANY recognizes that CITY cannot at this time provide permanent and unlimited water service as requested. CITY agrees, however, to provide limited potable water service to COMPANY. For and in consideration of furnishing domestic potable water by CITY, the parties hereto agree as follows, to -wit: COMPANY has made the following representations to CITY as to its number of employees, as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. Number of Employees on -site Number of Contract Employees Total on -site IV. CITY has determined that adequate facilities are available to CITY to furnish potable water to COMPANY based on the following terms and conditions, to -wit: (A) Payment to CITY of a one time administrative connection charge of $_. (B) The average daily demand is established at ( ) gallons per day. This number is based on an average of fifty (50) gallons per employee per day established by CITY. (C) The average monthly demand of ( ) gallons is established by multiplying the average daily demand by a factor of 30.5, which shall be used to facilitate service billings. (D) The cost of water up to the average monthly demand of (_) gallons shall be one hundred fifty percent (150%) of the CITY'S current rate as established from time to time for commercial customers inside its corporate limits. (E) The cost of water for amounts used in excess of the established average monthly demand shall be two hundred percent (200%) of the CITY'S current rate as established from time to time for commercial customers inside its corporate limits. (F) Nothing contained in this Agreement shall obligate CITY to furnish more than the allIge monthly demand of ) gallons. Repeated consumptions greater than the established average monthly demand may result in termination of service. (G) CITY shall have the right to interrupt or temporarily suspend said water service to COMPANY if an emergency arises and there is not an adequate water supply to meet the needs of the citizens of La Porte. (H) CITY reserves the right to enforce its drought contingency plan on all water customers at CTI'Y'S sole discretion. (I) The total cost for the engineering design and construction of the potable water main will be the responsibility of COMPANY. (J) COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the furnishing of potable water to customers within the corporate limits of CITY. (K) All plumbing installed by COMPANY connected to the domestic water line from CITY, shall meet all applicable State of Texas and CITY plumbing code requirements. CITY'S engineering and code enforcement personnel shall have the right of prior review and approval of COMPANY'S plans and specifications for the plumbing system(s). CITY plumbing inspectors shall have the right to inspect any and all work related to the furnishing of potable water to COMPANY. (L) A reduced pressure zone backflow preventer shall be installed and maintained by COMPANY to protect CITY from any possible cross -connections. (M) The potable water supply system will be segregated from any existing and future COMPANY fire protection system. (N) There shall be no resale of the water provided by CITY, nor any extension of service lines by COMPANY to serve other parties. • V. 0 All expenses of the installation of the meter; service lines from the main to the meter; and from the meter to COMPANY'S facilities, shall be solely at the expense of COMPANY. COMPANY shall own and maintain all service lines and plumbing facilities beyond the meter. CITY shall own the meter. LW CITY shall have final authority over size, location, materials, and other engineering matters concerning the extension of water mains to COMPANY'S property. These matters are the subject of a Utility Extension Agreement between the parties, of even date herewith. CITY will have ownership and maintenance responsibility for its water mains, up to COMPANY'S water meter. In the event the Harris County license, permit, or permission to install the water main is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement. VII. CITY reserves the right of entry at all reasonable times for the purpose of inspection of COMPANY'S water facilities, and to observe compliance with the terms and conditions of this Agreement. When exercising its right of entry, CITY shall notify COMPANY in advance. CITY also agrees to follow established health and safety policies in effect at COMPANY'S facility. VIII. CITY reserves the right to terminate this agreement in the event of violation of the terms and provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects within ten (10) days may result in termination of Agreement. CITY shall have the right to summarily correct, at COMPANY's expense, any defect or deficiency, when in its opinion the integrity of the public water supply is threatened. 0 IX. 0 Upon receipt of written notice of termination, COMPANY shall have up to six (6) months to prepare for transition to another water supply. If the transition is not complete within said six month period, CITY shall have the right to terminate water service at its sole discretion. X. In the event of any conflict between the terms and provisions of this Water Service Agreement and a Utility Extension Agreement of even date herewith, and the terms and provisions of the Industrial District Agreement between the parties, the terms and provisions of the Water Service Agreement and the Utility Extension Agreement shall control, to the extent of such conflict. The term of this Agreement shall be for Hive years plus any renewals and extensions thereof. However, this Agreement shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or if CITY exercises its right of termination. ENTERED INTO effective the ATTEST: City Secretary day of . 1995. Company By: Name: Title: Address: CITY OF LA PORTE By: Norman L. Malone Mayor APPROVED: • • LIM Knox W. Askins City Attorney City of La Porte PO Box 1218 LaPorte, TX 77572-1218 Phone: (713) 471-1886 Fax: (713) 471-2047 Robert T. Herrera City Manager City of La Porte PO Box 1115 LaPorte, TX 77572-1115 Phone: (713) 471-5020 Fax: (713) 471-7168 0 • UTILITY EXTENSION AGREEMENT THE STATE OF TEXAS: COUNTY OF HARRIS: This agreement, made this day of ,19 , by and between the City of La Porte, herein called "City", acting herein through its (Title of Authorized Official) and (Strike out inapplicable terms) (a corporation), (a partnership), (an individual doing business as Of , County of , and State of hereinafter called "Owner". to (1) All references to "Utility Main(s)" hereunder shall, for the purposes of this agreement, refer (2) Owner is the owner of certain property in the Bayport Industrial District of the City of La Porte, Harris County, Texas, identified as: City's utility mains do not presently extend to said property. Owner has requested City to extend utility mains • to Owner's said property. Owner and City have entered into a separate "Water Service Agreement" of even date herewith, which provides for limited water service to Owner. (3) City hereby agrees to an extension of its utility main(s) to said property commencing at the nearest existing utility main(s) of sufficient size and capacity. Thence along/thru City of La Porte rights -of -way and/or easements to said Owner's property. Provided, however, that should City not possess all necessary rights - of -way, easements, licenses, and/or permits, Owner shall be solely responsible for obtaining said additional rights -of -way, easements, licenses, and/or permits at no cost to City. All permits and approvals required by entities with jurisdiction shall be secured prior to construction. (4) Owner agrees to pay all costs related to the construction and installation of said utility mains, including necessary appurtenances in conformance with City's standards and specifications for said utility mains. Owner further agrees to pay all engineering fees for survey, design, contract documents, bidding, construction staking, construction inspection, and preparation of record drawings. Any credit, funding or other participation by City shall be described below; (5) Subject to the provisions of this agreement, City hereby agrees to the construction and installation of said utility main(s) according to the plans, specifications, and contract documents to be prepared by the Owner's engineer and approved by the City. The contract documents shall include a provision for a one (1) year warranty from defects in materials and workmanship. The documents will also provide a "Notice" to Contractor that the City of La Porte will perform the daily construction inspection to insure compliance with plans and specifications. Owner agrees that City will not be responsible for issuing or approving payments to the Contractor. It is agreed and understood that Owner is responsible for paying for any unforeseen costs/or cost overruns in the project that result from circumstances beyond the control of the City. (6) City shall have the right to approve the Engineer and the Contractor selected by Owner. Upon completion and approval of plans, specifications, and contract documents, the City shall authorize the Owner to secure bids from qualified underground utility contractors. (7) Owner agrees that upon completion and acceptance by City, City will assume ownership and maintenance of the utility main and as such shall have full control over future extensions and connections thereto. (8) Owner and City have entered into a separate "Water and Service Agreement" which provides terms and conditions for limited water service to Owner and as such, Owner is not responsible for payment of City's prevailing square footage and/or front footage connection charge for water service. However, Owner shall be responsible for all other tap fees and customary charges. (9) For the purposes of reimbursement, as provided for in paragraph 10, Owner agrees to supply City with a statement of final construction costs. Owner and City agree to use the final construction cost to develop an average cost/foot. Said average cost per foot shall equal the final construction cost, less any allowances for City participation, divided by the total length of utility main eligible for reimbursement as defined by Exhibit A. (10) In the event that other owners of property abutting the utility mains extended by Owner under this contract, as shown on the plat attached hereto as Exhibit A and incorporated by reference herein, shall utilize the extended utility mains constructed under this agreement, by making connection thereto under a permit from City within a period of ten (10) years from and after the date City has accepted the construction of said facilities by the contractor, City agrees to collect from said property owners, an amount equal to one-half ('/z) their frontage abutting the utility main times the average cost/foot. City agrees to reimburse Owner the amount collected from such property owners until Owner has been reimbursed the construction costs paid by Owner, less an amount equal to one-half (%z) the Owner's frontage times the average cost/foot. In the event that other Owner(s) have participated in the cost of the extension of this line(s), all participating owner(s) shall be reimbursed pro rata to their respective participation in the cost of the line(s). IN WITNESS WHEREOF, the Parties to these presents have executed this agreement in several counterparts, each of which shall be deemed an original, in the year and day first mentioned above. ATTEST: BY: (Seal) (Secretary) (Seal) (Witness) Approved as to Form: (City Attorney) CITY OF ILA PORTE BY: TITLE: OWNER: BY: TITLE: Note: City Secretary should attest: If Owner is a corporation, Secretary of Corporation should attest. 1 EXHIBIT A VMP T T r t (" r t j r t a ��7 fn Average Cost per foot= Total Construction Cost from pt A to t C less ai allowance for -City partici divided by length B to C. ---------...--------------------------m-T-- 0 • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: May 8 19S5,,, . A Requested By: Ste hen L. Barr Department: Parks & Recreation XXX Report Resolut n Ordinance Exhibits: 1. Request for Proposal #0061 - Wave Pool Concession SUMMARY & RECOMMENDATION The City of La Porte has requested proposals for food, beverage, and concession items for the summer season at the City of La Porte, Little Cedar Bayou Wave Pool. Request for Proposals were mailed to eighteen area food service vendors. Proposals were opened on April 24, 1995 and one (1) proposal response was received, from Casual Catering, a small catering company located in the City of La Porte. Casual Catering proposes to furnish for sale a variety of food, snacks, and beverages for customers at the Wave Pool. Customers will be allowed to bring in their own food if they so desire, or they can purchase food from the Concessionaire; giving our customers a greater choice of food service while they attend the wave pool. Uniformed staff will be provided by the Concessionaire for the concession operation. In addition to other interests, the company has been in the catering business on a small scale for approximately four (4) years; this concession operation is a natural expansion of their core catering business. Casual Catering proposes to pay the City of La Porte twenty percent (20%) of gross sales of food, beverages, and other items sold as a part of the concession. The proposed prices to be charged are moderate and quite reasonable. Staff has checked with referenced companies in the area that Casual Catering has provided service for, and has found the response to be very satisfactory. Staff recommends the award of seasonal concession operations, subject to the conditions specified at the Little Cedar Bayou Wave Pool. Action Required by Council: Award seasonal concession operations, subject to the specified conditions, to Casual Catering for concession operations at the Little Cedar Bayou Wave Pool. Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing N/A Other Account Number: Approved for City Council Agenda Robert T. Herrera City Manager Funds Available: _ YES —NO 5-`1-q5 Date BID TABULATION - CONCESSSIONS AT WAVE POOL DESCRIPTION TCASUAL CATERING 1) Snow Cones - 12 oz $1.00 2) Snow Cones - 16 oz $1.50 3) Frito Pie $1.25 4) Hot Dog j $0.85 5) Chili Dog $1.25 6) Chili Cheese Dog $1.40 7) Pickle $0.75 8) Peanuts $0.75 9) Chips $0•45 10) Nachos $1.35 11) Candy: M&Ms $0.50 Reeses $0.50 Snickers $0.50 Sour Punch Candy $0.10 Gummy Squirms $0.10 112) Soft Drinks - 12 oz I $0.75 1 13) Soft Drinks -16 oz ; $1.00 • 0 BIDDER'S LIST WAVE POOL CONCESSIONS R.F.P. #0061 ANGELO'S FLYING PIZZA 9606-D SPENCER HIGHWAY LA PORTE, TX 77571 BURGER KING 1102 HWY 146 LA PORTE, TX 77571 EL RANCHERO MEXICAN RESTAURANT 308 WEST MAIN STREET LA PORTE, TX 77571 HOPPIES BBQ 1602 WEST MAIN LA PORTE, TX ARA c/o LA PORTE ISD 301 EAST FAIRMONT PRKWY LA PORTE, TX 77571 DAIRY QUEEN 901 SOUTH BROADWAY LA PORTE, TX 77571 EL TORO MEXICAN RESTAURANT 616 WEST MAIN STREET LA PORTE, TX 77571 LAS HADAS MEXICAN RESTAURANT STREET 204 WEST FAIRMONT PARKWAY 77571 LA PORTE, TX 77571 MARIO'S PIZZA 1128 SOUTH BROADWAY LA PORTE, TX 77571 SONIC DRIVE IN OF LA PORTE 216 SOUTH BROADWAY LA PORTE, TX 77571 SUBWAY SANDWICHES HWY 146 & FAIRMONT PRKWY LA PORTE, TX 77571 TWO CAJUNS CAFE 10003 SPENCER HIGHWAY LA PORTE, TX 77571 WHATABURGER RESTAURANT 117 HWY 146 SOUTH LA PORTE, TX 77571 CHAMBER OF COMMERCE P.O. BOX 996 LA PORTE, TX 77572-0996 McDONALD'S OF LA PORTE 1102 SOUTH 8TH STREET LA PORTE, TX 77571 SONNY'S HAPPY CAJUN CAFE 129 NORTH LOTH STREET LA PORTE, TX 77571 TORTILLA'S MEXICAN RESTAURANT 9602 SPENCER HIGHWAY LA PORTE, TX 77571 VICKERS INN RESTAURANT 122 SOUTH 1ST STREET LA PORTE, TX 77571 RICK WILLIAMS 616 N. SHADY LANE LA PORTE, TX 77571 BAYSHORE SUN PUBLISH DATES: APRIL 9, 1995 APRIL 16, 1995 PROPOSAL SUBMITTED TO: THE CITY OF LA PORTE FOR THE FOOD, BEVERAGE AND CONCESSION ITEMS AT THE CITY OF LA PORTE LITTLE CEDAR BAYOU WAVE POOL RFP #0061 From: CASUAL CATERING RICK and SHERRIE WILLIAMS 616 NORTH SHADY LANE LA PORTE, TX 77571 APRIL 24, 1995 0 Casual Catering 616 North Shady Lane La Porte, TX 77571 April 24, 1995 City of La Porte Attn: Sue Lenes, City Secretary P.O. Box 1115 604 W. Fairmont Parkway La Porte, TX 77572 Reference: RFP #0061 Dear Ms. Lenes, We are pleased to submit our proposal for the RFP #0061, Food, Beverage of Concession Items at the City of La Porte Little Cedar Bayou Wave Pool. Our primary business is Bay Area Chimney Sweep. Rick opened the business in the fall of 1989. Although, his business has continued to expand each year, it is still considered as a seasonal type of work. We feel that running the concession stand from Memorial Day weekend to Labor Day weekend would be an ideal situation. Although we do not have a full time career in the catering industry, we do have past experience in catering private parties, participating in various festivals by setting up food booths for these occasions, and operating a snow cone concession. We operated the snow cone concession in La Porte last summer. A separate page entitled "Operating Experience" lists the balance of our catering experience. As a husband and wife team, we enjoy the casual atmosphere that surrounds the catering arena. We have provided a financial statement on Bay Area Chimney Sweep rather than with catering since our experience has been operated on a part time basis. The following equipment will be installed and operational before May 26, 1995 for the duration of the contract for the summer of 1995: 1. Snow Machine II (snow cone machine) 2. Microwave 3. Fountain Coca-Cola Machine 4. Hot Dog Machine 5. Storage Cooler a. Flaked ice will be for soft drinks b. Block ice will be for the snow cone machine 6. Two (2) crock pots 0 Casual Catering Page Two Casual Catering agrees to provide a janitorial service to maintain that the concession area is properly cleaned on a daily basis. The uniforms for Casual Catering will consist of green shirts with either khaki or denim shorts. The style of shirt will be determined upon winning the bid. Also, nametags for all employees will be ordered upon being awarded the contract. A quote has been made by Farmers Insurance on both the Workers Compensation insurance and the Commercial General Liability insurance. Attached you will find a letter from Farmers Insurance with the above mentioned information. Also, a copy of our Automobile insurance policy is enclosed. If you should have any further questions or need additional information, please feel free to contact either Rick or Sherrie Williams at (713) 471-1409. Once again, thank you for giving us the opportunity to bid on the concession stand for the wave pool. Sincerely, . ��C' r/' Rick Williams Sherrie Williams