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Home My WebLink About1996-01-08 Regular Meeting0 1 0 MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL JANUARY 8, 1996 1. CALL TO ORDER The meeting was called to order by Mayor Norman L. 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 Present and City Employees Present: City Manager Robert T. Herrera, Assistant City Manager John Joerns, City Attorney Knox Askins, City Secretary Sue Lenes, Director of Finance/ACM Jeff Litchfield, Police Lt. Carl Crisp, Director of Administrative Services Louis Rigby, Director of Planning Guy Rankin, Director of Parks and Recreation Stephen Barr, Assistant Finance Director Cynthia Alexander, City Engineer Fred Thompson, Cash Manager Rick Overgaard, Police Patrol Officer Sherman Moore Others Present: Several La Porte citizens 2. INVOCATION BY DR. BOBBYE WORSHAM - SECOND BAPTIST CHURCH LA PORTE The invocation was delivered by Dr. Bobbye Worsham pastor of the Second Baptist Church La Porte, Texas. 3. CONSIDER APPROVING MINUTES OF PUBLIC HEARING AND REGULAR MEETING DECEMBER 11, 1995 Motion was made by Councilperson Cooper to approve the minutes of December 11. 1995. as presented. Second by Councilperson Gay. The motion carried, 7 ayes, 0 nays, and 2 abstain. Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, and Mayor Malone Nays: None Abstain: Councilpersons Thrower and Clarke 4. PROCLAMATION: MS. ANNIE BLOUNT - LA PORTE POST MASTER Mayor Malone proclaimed January 8, 1996, as Post Master Annie Blount Day. Councilperson Deotis Gay presented Ms. Blount with a City of La Porte pin. 5. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL There were no citizens wishing to speak to Council. Mayor Malone introduced the President of the La Porte Police Officers Association Officer Sherman Moore and his wife Sheila. Minutes Regular Meeting La Porte City Council January 8, 1996, Page 2 6. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE AMENDING ORDINANCE NO. 1285, IMPLEMENTING POLICEMEN'S CIVIL SERVICE; ESTABLISHING CLASSIFICATIONS; AND ESTABLISHING THE NUMBER OF AUTHORIZED POSITIONS IN EACH CLASSIFICATION (Ord. 96-1285-L) - L. Rigby Director of Administrative Services Louis Rigby reviewed with Council the summary and recommendation for the request. City Attorney read: ORDINANCE NO.96-1285-L - AN ORDINANCE AMENDING ORDINANCE NO. 1285, "AN ORDINANCE IMPLEMENTING POLICEMEN'S CIVIL SERVICE; ESTABLISHING CLASSIFICATIONS; NUMBER OF AUTHORIZED POSITIONS IN EACH CLASSIFICATION; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF". Motion was made by Councilperson Maxwell to approve Ordinance 96-1285-L as read by the City attorney, 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 7. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE TO CLOSE A PORTION OF THE ALLEY IN BLOCK 717, TOWN OF LA PORTE, AT THE REQUEST OF PFEIFFI,R & SON, INC. (Ord. 96-2084) - G. Rankin Planning Director Guy Rankin reviewed with Council the summary and recommendation for the request. City Attorney read: ORDINANCE 96-2084 - AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE ALLEY IN BLOCK 717, 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 Gay to approve Ordinance 96-2084 as read by the City Attorney. 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 Nays: None 8. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE TO CLOSE A PORTION OF PINE BLUFF DRIVE, SAVE AND EXCEPT A TEN FOOT WIDE EASEMENT FOR AN EXISTING 2" DIAMETER ENTEX GAS LINE AT THE REQUEST OF RICHARD A. PERCOCO, THELMA PERCOCO, BRIAN TULLOCH AND ELIZABETH WATKINS ROGG (Ord. 96-2085) - G. Rankin 0 • Minutes Regular Meeting La Porte City Council January 8, 1996, Page 3 Planning Director Guy Rankin reviewed with Council the summary and recommendation for the request. Dr. Brian Tulloch spoke on behalf of his wife Elizabeth Watkins Rogg, Richard A. Percoco and wife Thelma Percoco regarding this request. Dr. Tulloch stated, "This is an area where we have had major problems for the last five or six years with storm damage. Our area, which goes down onto the bay, is being encroached on either side from the lack of maintenance of this particular area. Our main challenge is going to be to stabilize this from encroachment from the sea, and our plans are to bulkhead so it is similar to what it was five or ten years ago. Our main concern being we get it stabilized before the next hurricane." Councilperson McLaughlin asked why an independent appraisal was made on this property. City Manager Robert T. Herrera said, "When we acquired the Seabreeze property we went through the appraisal process because there were a lot of unknowns as to the value of the bayfront. If you look at our tax rolls they are normally a lot lower then what property should be assessed for on the bay. This property assessment was very low on our tax rolls and because of the Seabreeze election we felt that it was prudent on our part to go out and get a bonafide appraisal to show the current market value. The City Ordinance that we operate under allows that to be done at the discretion of the City Manager, so I made that decision to go ahead and get it appraised." Councilperson Gay stated he thought this was beneficial for all concerned. Councilperson McLaughlin asked if our intentions were to take the money from this purchase and put it toward upgrading the remaining outlet. Mr. Herrera said, "The money is going into the General Fund, and staff will make a recommendation to the City Council for the best way to use those funds." Councilperson McLaughlin said he hated to see us close off access to the bay. Mr. Rankin assured Councilperson McLaughlin there would still be one access to the bay in that area. Councilperson Porter made a comment that his thought is if we do close this tonight the proceeds could be used on the park site that we have which gives bay access to the citizens. He said he was not recommending we ear mark this tonight, but Council should keep in mind funds from these types of actions could be committed back for that purpose. City Attorney read: ORDINANCE 96-2085 - AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF PINE BLUFF DRIVE, 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 Maxwell that we approve Ordinance 96-2085 as read by the City Attorney. Second by Councilperson Porter. The motion carried, 8 ayes and 1 nay. Ayes: Councilpersons Sutherland, Cooper, Thrower, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: Councilperson McLaughlin 9. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH GULF COAST ELECTRIC SUPPLY COMPANY, INC., FOR THE SUPPLY OF LIGHTING MATERIALS (Ord. 96-2086) - G. Rankin Planning Director Guy Rankin and City Manager Robert T. Herrera reviewed the summary and recommendation for the request. Council discussion was held regarding the recommendation. • Minutes Regular Meeting La Porte City Council January 8, 1996, Page 4 City Attorney read: ORDINANCE 96-2086 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND GULF COAST ELECTRIC SUPPLY COMPANY, INC., FOR LIGHTING MATERIALS FOR THE COVERED RIDING ARENA; APPROPRIATING $24,638.83 PLUS A CONTINGENCY OF $2,463.00, 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 by Councilperson Sutherland to approve Ordinance 96-2086 as read by the Citv Attorney. 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 10. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE HARRIS COUNTY FLOOD CONTROL DISTRICT FOR CHANNEL IMPROVEMENTS (Ord. 96-2087) - J. Joerns Assistant City Manager John Joerns reviewed the summary and recommendation for the request. Council members discussed the recommendation. City Manager Robert T. Herrera and Assistant City Manager John Joerns made clarifications on questions. City Attorney read: ORDINANCE 96-2087 - AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE HARRIS COUNTY FLOOD CONTROL DISTRICT, FOR CHANNEL IMPROVEMENTS ON UNIT F101-00-00 WATERSHED; APPROPRIATING NOT TO EXCEED $100,000.00 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 by Councilperson Thrower to approve Ordinance 96-2087 as read by 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 11. CONSIDER APPROVAL OR OTHER ACTION REGARDING A RESOLUTION AUTHORIZING THE SUBMISSION OF A GRANT REQUEST FOR A PROGRAM KNOWN AS KINDERGARTEN THROUGH FOURTH GRADE D.A.R.E. EXPANSION (Res. 96-01) -B. Powell Lt. Carl Crisp spoke in place of Chief Powell who was ill and unable to attend the meeting tonight. Lt. Crisp reviewed the summary and recommendation and answered questions from Council. City Manager Robert T. Herrera reported to Council the D.A.R.E program was the dream of our Police Chief about five years ago, and it has been a successful program. This is the last of a five year grant from the Criminal Justice Division, and in next years budget you will see staff recommending that a funded position continue at 100 % level from the City of La Porte. • • Minutes Regular Meeting La Porte City Council January 8, 1996, Page 5 City Attorney read: RESOLUTION 96-01 - A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, AUTHORIZING THE SUBMISSION OF A GRANT REQUEST TO THE GOVERNOR'S CRIMINAL JUSTICE DIVISION FOR FUNDING TO THE CITY OF LA PORTE, TEXAS, FOR A PROGRAM KNOWN AS: KINDERGARTEN THROUGH FOURTH GRADE D.A.R.E. EXPANSION. Motion was made by Councilperson Porter to approve Resolution 96-01 as read by the City Attorney. Second by Councilperson Maxwell. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke, and Mayor Malone Nays: None 12. CONSIDER APPROVAL OR OTHER ACTION REGARDING A RESOLUTION OF THE CITY COUNCIL, DESIGNATING CERTAIN INDIVIDUALS TO BE RESPONSIBLE FOR THE INVESTING OF THE CITY'S FUNDS (Res. 96-02) R. Overgaard Cash Manager Rick Overgaard reviewed the summary and recommendation for the request. Council members discussed the recommendation, and Councilperson Sutherland commented he would like to see full signatures on the resolution and not just initials. City Manager Robert T. Herrera stated he had the same concerns that Councilperson Sutherland had stated. Mr. Herrera clarified that the signatures of Director of Finance Jeff Litchfield and Cash Manager Rick Overgaard, as written on the resolution, is in fact their legal signatures where banking matters are concerned. City Attorney read: RESOLUTION 96-02 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, DESIGNATING CERTAIN INDIVIDUALS TO BE RESPONSIBLE FOR THE INVESTING OF THE CITY'S FUNDS. Motion was made by Councilperson Clarke to approve Resolution 96-02 as read by the City Attorney. Second by Councilperson McLaughlin. The motion carried, 8 ayes and 1 nay. Ayes: Councilpersons Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke, and Mayor Malone Nays: Councilperson Sutherland 13. ADMINISTRATIVE REPORTS City Manager Robert T. Herrera reminded Council the recommendations for the citizens committee for the park property need to be turned into Mayor Malone. Mr. Herrera said he has received reports from Mayor Malone, Councilman Sutherland, and Councilman Maxwell. Mr. Herrera said, "This is such an important project that staff would like to go ahead and start the regular program. If there are going to be any other names to be turned in please turn them in to Mayor Malone. He will give them to me, and we can get this committee started. " 14. COUNCIL ACTION Councilpersons Cooper, McLaughlin, Porter, Gay, and Mayor Malone brought items to Councils attention. Minutes Regular Meeting La Porte City Council January 8, 1996, Page 6 15. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084, TEXAS GOVERNMENT CODE, - (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) There were no items to be taken to executive session. 16. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION An executive session was not held, therefore there was no vote on this item. 17. ADJOURNMENT There being no further business to come before Council, the meeting duly adjourned at 6:52 P.M. Respectfully submitted, Sue Lenes, City Secretary Passed and Approved this the 22nd /dayJanuary, 1996 No L. Malone, Mayor Office of the Mayor 1W ion ?aster at LaPorte, Texas "I"&, WHEREAS, Ms. Blount has been an employee for the Postal Service in the Houston area for sixteen years; and WHEREAS, it is the desire of the La Porte City Council to make Ms. Blount welcome and to let her know that the services she will offer to the community through her employment at the La Porte Post Office are appreciated. NOW, THEREFORE, I, NORMAN L. MALONE, MAYOR of the City of La Porte, do hereby proclaim January 8, 1996, as POST MASTER ANNIE BLOUNT DAY and we wish her success as Post Master of the La Pone Post Office and encourage all citizens to welcome Ms. Annie Blount as Post Master and to offer her a hand of friendship. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be axed hereto, this the 8th day of January, 1996. CITY OF LA PORTE Norman L. Malone, Mayor 0 • REQ&T FOR CITY COUNCIL AGENATEM Agenda Date Requested: JanuM 8 1996 Requested By: Louis Riebv Department: _Administrative Services Report Reso ution X Ordinance Exhibits: Ordinance 96-1285-L I-Vapmej 3 1 jj 1 D1 0 1 1• Ordinance No. 1285 which implements Civil Service and establishes classifications requires revision when changes in classification occur. Ordinance No. 96-1285-L reflects the addition of two police officer as approved by Council during the budget process for fiscal year 1996. These officers were hired using COPS -FAST Grant funds from the federal government as a result of President Clinton's Crime Bill. Action Required by Council: Approval of Ordinance No. 96-1285-L. Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: N/A Funds Available: Yes No Approved for City Council Agenda Robert T. Herrera Date City Manager k 0 • NO. 96-1285-L AN ORDINANCE AMENDING ORDINANCE NO. 1285, "AN ORDINANCE IMPLEMENTING POLICEMEN'S CIVIL SERVICE; ESTABLISHING CLASSIFICATIONS; NUMBER OF AUTHORIZED POSITIONS IN EACH CLASSIFICATION; CONTAINING A SEVERABILITY CLAUSE; 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. Section 3 of Ordinance 1285-K is hereby amended and shall hereafter read as follows, to -wit: "Section 3. There are hereby established the following number of authorized positions in each of the foregoing classifications, to -wit: NUMBER OF AUTHORIZED CLASSIFICATION POSITIONS Police Officer 40 Sergeant 9 Lieutenant 3" Section 2. Except as hereby specifically amended, Ordinance No. 1285 and amendments thereto shall remain in full force and effect. 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, 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. 4 • ORDINANCE NO. 96-1285-L PAGE 2 Section 4. This Ordinance shall take effect and be in force as of October 1, 1995. PASSED AND APPROVED, this lath day of January, 1996. ATTEST: Sue Lenes, City Secretary CITY OF LA PORTE By: _)Z=Z-7 Z&� Norman L. Malon , Mayor 9 • REQ&T FOR CITY COUNCIL AGENDAEM Agenda Date Requested: January 8, 1996 Requested By: Guy Rankin Department: Planning Report Resolution X Ordinance Exhibits: 1. Ordinance 2. H.L.& P. Easement 3. Area Map ---------------- SUMMARY & RECOMMENDATION Pfeiffer & Son, Inc. has petitioned the City of La Porte to close, vacate, and abandon a portion of the 16 foot wide "T" shaped alley in Block 717, adjacent to Lots 1-10 and 21-30 (see attached area map). This block lies between North 15th Street and North 16th Street on the north side of Main Street. The closure will facilitate additional storage for the business located at 116 North 16th Street (Pfeiffer & Son, Inc.) Staff has received no objection to the closure from franchised utility companies nor does the City have future plans to utilize the alley. H.L.& P. will retain the attached easement for their existing facilities in the alley. The fee for closure was calculated per guidelines established in the Code of Ordinances, Section 21-28, and is $5,075. The applicant has agreed to this value and has deposited the funds with the City. Staff recommends approval of this closure. Action Required by Council: Consider approval of an ordinance to close a portion of the alley in Block 717 adjacent to Lots 1-10 and 21-30. ---------------- Availability of Funds: N/A General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: YES NO Approved for City Council Agenda AIJ '9Hq6 HobeXfrerrera City nager i_ E ORDINANCE NO. 96- 2084 AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE ALLEY IN BLOCK 717, 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 the alley in Block 717, Town of La Porte, Harris County, Texas, to vacate, abandon, and permanently close that portion of the alley in Block 717, Town of La Porte, Harris County, Texas; and WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine.and declare that the hereinafter described portion of the alley in Block 717, 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 the alley in Block 717, 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 the alley in Block 717, Town of La Porte, Harris County, Texas, should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Under and by virtue of the power granted to the City of La Porte under its Home Rule Charter and Chapter 253, Section 253.001, Texas Local Government Code, the hereinafter described portion of the alley in Block 717, Town of La Porte, Harris County, Texas, is hereby permanently vacated, abandoned and closed by the City of La Porte, to -wit: That portion of the alley located in Block Seven Hundred Seventeen (717), Town of La Porte, Harris County, Texas, lying and being situated adjacent to Lots 1 through 10, both inclusive, and Lots 21 through 30, both inclusive, Lot Seven Hundred Seventeen (717), Town of La Porte, Harris County, Texas. • ORDINANCE NO. 96- 2084 PAGE 2 Section 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Local 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 January, 1996. CI Y OF LA PORTE BY� Orman L. Malone Mayor ATTEST: Sue Lenes Cit ecretary P OV D: Knox W. Askins City Attorney • • The might company Houston Lighting & Power Ms. Rita Lacey Assistant to the City of LaPorte P.O. Box 1115 City Secretary LaPorte, Texas 77572-1115 P. O. Box 1700 Houston, Texas 77251-1700 (713) 228-9211 RE: Street and Alley Closure at North 16th Street (Alley between N. 15th & 16th Street(LaPorte) Dear Ms. Lacey: The City of LaPorte has been asked to close and abandon a portion of North 16th Street (Alley between N. 15th & 16th Street(LaPorte). Houston Lighting and Power Company has investigated this request and deter- mined it has facilities within the area to be abandoned. However an easement to accommodate these facilities has been granted as shown on the attached Houston Lighting & Power Company sketch or easement instrument. Therefore, this Company will interpose no objection to the closure of the area as highlighted on the attached plat/sketch. This letter of concurrence shall become null and void in the event two (2) years has transpired from the above date and this street/alley closure has not been completed. Houston Lighting & Power Company respectfully requests that The City of LaPorte provide this Compnay with a copy of the final abandonment ordinance so that we may complete our process and update our map records. Sincerely, HOUSTON LIGHTING & POWER COMPANY Glenda Briggs Senior Right of Way Agent Land & Right -of -Way Division 207-0901 GB /de Enclosures c: The City of LaPorte HL&P Surveying & Mapping A Subsidiary of Houston Industries Incorporated 0 11 5484(6-85) STATE OF TEXAS } COUNTY OF HARRIS } Job D100ED95-072A Map 6254C S/C SO.HOUSTON DCM/s 11/09/95 EASEMENT KNOW ALL PERSONS BY THESE PRESENTS: THAT, Pfeiffer & Son, Inc., herein called Grantor, whether one or more, for and in - consideration of the sum of ONE DOLLAR ($1.00) CASH to Grantor paid by Houston Lighting & Power Company, a Texas corporation, herein called Grantee, whose principal address is P. 0. Box 1700, Houston, Texas 77251, has GRANTED, SOLD AND CONVEYED and by these presents, does GRANT, SELL AND CONVEY unto said Grantee, its successors and assigns, an easement for electric distribution facilities (con- sisting of all necessary and desirable equipment and appurtenances) at, below and from ground level upward, located on, under, over, and across the following described lands, to wit: Lots 1, 2, 3, 28, 29, 30 and a portion of the sixteen (16) foot wide alley, (closed), west of and adjoining said lots 28, 29 and 30, in Block 717 of the Town of La Porte, a subdivision out of the Johnson Hunter League, Abstract 35, in Harris County, Texas, being that same property described in a deed from George B. Gambrell, et al., to Pfeiffer-Gambrell, Inc., dated December 27, 1979, and filed of record under County Clerk's File G374000 and Film Code 147-90-0291 in the Official Public Records of Real Property of Harris County, Texas. The easement herein granted is ten (10) feet wide, the location of the centerline of which is shown by the dot -dash symbol on Sketch No. 95- 746, revised November 9, 1995, hereto attached and made a part hereof, together with unobstructed aerial easements ten (10) feet wide, beginning at a plane sixteen (16) feet above the ground and extending upward, located on both sides of and adjoining said ten (10) foot wide easement. 1 5484(6-85) Job D100ED95-072A Map 6254C S/C SO.HOUSTON DCM/s 11/09/95 Grantee shall also have rights of ingress and egress to and from said easement, together with reasonable working space, for the purposes of erecting, installing, operating, maintaining, replacing, inspecting, and removing said electric distribution facilities, together with the additional right to remove from said easement and land adjoining thereto, all bushes, trees and parts thereof, or other structures which, in the opinion of Grantee, endanger or may interfere with the efficiency, safe and proper operation, and maintenance of said electric distribution facilities. TO HAVE AND TO HOLD the above described easement, together with all and singular the rights and appurtenances thereto in anywise belonging, unto Grantee, its successors or assigns, forever, and Grantor does hereby bind itself and its successors, heirs, assigns, and legal representatives, to warrant and forever defend all and singular the above described easement and rights unto said Grantee, its successors and as- signs, against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this day of 2 19gs . ATTEST: / Secretary PFEIFFER & SON, INC. BY: President (Name typed or printed) (Name typed or printed) 2 • • 5484(6-85) STATE OF TEXAS } COUNTY OF } Job D100ED95-072A Map 6254C S/C SO.HOUSTON DCM/s 11/09/95 This T me was acknowledged before me on .�Cp/yy�,� / , 19 9,5 , by President of Pfeiffer & Son, Inc., a corporation, ojy of said corporation. ,�✓ l , per Notary's Signature SHAflON A. LEE 8 • NOTARY PUBLIC STATE OF TEUS 8 (Name typed or printed) �►.` COMMISSION EXPIRES *11•Aeg / Commission Expires: 3 0 • JOHNS ON HUNTER LEAGUE E-; A — 35 co WEST POLK ST. � 0 BEARING BASIS: `Z, ASSUMED —� EAST - 265.96 -- 127.91 T T LOT 1 No LOT 30 o' ----------------- OWo--------------- �1 m 10' E�ISEME SEMEN BLOCK LOT 2 29 H— — — — — — — — — — — — — — — ►I ----------------- J CO LOT 3 c.', • LOT 28 V PFEIFFER & SON , INC. 16 ALLEY 27 O LOT F.C.# 147-90-0291 LOT 0 G374000 TO BE CLOSED 26 OF T LOT 5 LOT BRYANT D HILL LEGEND • = Fnd. 5/6' I.R. Unless Otherwise Noted. 20 0 20 40 60 SCALE IN FEET NOTE: THE EXTERIORS OF ALL EASEMENTS ARE TO INTERSECT WITH THE EXTERIORS OF ALL ADJOINING EASEMENTS OR WITH ADJOINING PROPERTY ONES. LOT 6 n p T � LOT 25....................... V j �'•. o 4491 �.•:� ----- LAP �•R• N OF P� 462 T 24 SUR�� o rrp 58, L vO LOT 7 �ZZ, REV.1: JOB NO. D 1 OOED95-072ABY: MDL DATE: 1 1-09-95 REV.2: JOB NO. DATE: EASEMENT — UNOBSTRUCTED LAST PLOT DATE: 10-23-95 HOUSTON UGHTING & POWER CO. COUNTY: HARRIS DRAWN BY: M. D. LEE SURVEYING & MAPPING DIVISION DATE: OCTOBER 20, 1995 MAP NO: 6254 C3 FILE NO. — BOOK: 7 DISK:366 SCALE: 1" = 40' JOB NO: DIOOED96-072 SKETCH NO. 95--746 9 JOHNSON HUNTER LEAGUE &� A 35 LO WEST POLK ST. 0 BEARING BASIS: z ASSUMED EAST - 265.96 127.91 LOT 30 N LOT 1 0 IQ * L4 - - - - - - - - - - - - - - - - - 02 - - - - - - - - - - - - - - - - - � LOCK LOT 2 1-iIll I,. k�—� 10' F,4SEMENLOT T 29 E3 rn — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — ---- E--4 LOT 3 LOT 28 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — E--i PFEIFFER & SON , INC. P4 LOT 4 F.C.# 147-90-0291 �,—1 6' ALLEY LOT 27 0 G374000 TO BE CLOSED z— — — — — — — — — — — — — — — — — LOT LOT 26 9 Te F16 CO.. BRYANT D. HILL LOT 6 rf LOT 25 ............. I ......... P O R 4491 - -----of LA 462 -- - - - - - - - - - - - U Rv LEGEND- rf OWN pG- LOT 24 • Fnd. 5/5' I.R. 58, Unless Otherwise Noted. V01-- LOT 7 20 0 20 40 60 REV.1:JOB NO. D100ED95-072ABY:MDL DATE: 11 -09-95 1 REV.2: JOB NO. DATE: 6-urm - ' 1 EASEMENT - UNOBSTRUCTED LAST PLOT DATE: 10-23-95 HOUSTON UG"NG & POWER CO. SCALE IN FEET COUNTY: HARRIS DRAWN BY: M. D. LEE SURVEYING & MAPPING DIVISION NOTE-' THE EXTERIORS OF ALL EASEMENTS ARE TO DATE: OCTOBER 20, 1995 MAP NO: 6254 CS FILE NO. - BOOK: 7 DISK; 366 INTERSECT WITH THE EXTERIORS OF ALL ADJOINING EASEMENTS OR WITH ADJOINING PROPERTY UNES. SCALE: 1" = 40' JOB NO: DIOOED96-072 SKETCH NO. 95-746 c=� VEST FOLK STREET i(o =f32 8 4 5 6 7 8 9 10 0 Z 1 26 25 24 23 22 21 r 0 Z �Alley to be � Closed n;FST MAN STREET 7 4 RECEIPT CITY OF LA PORTE 37232 P.O. BOX 1115 LA PORTE, TEXAS 77572-1115 • 713/471-5020 DATE El n V/ CHECK / MONEY ORDER NO. MONEY CASH CHECK ORDER CCHEICKS c RECEIVED FROM PAYMENT It AMOUNT FOR DESCRIPTION GL CODE F� CASHIER ACCOUNTING 6 0 REQ&T FOR CITY COUNCIL AGENDAEM Agenda Date Requested: January 8, 1996 Requested By: Guy Rankin Department: Planning Report Resolution X Ordinance Exhibits: 1. Ordinance 2. Area Map 3. Memo from Guy Rankin dated 8/21 /95 4. Letter from Arthur Lindsay SUMMARY & RECOMMENDATION - The City has been petitioned by Richard A. Percoco, Thelma Percoco, Brian Tulloch and Elizabeth Watkins Rogg to close, vacate, and abandon a dead end portion of Pine Bluff Drive at Galveston Bay in the Pine Bluff Subdivision (see attached map). Staff has received no objection to the closure from franchised utility companies, nor does the City have any immediate or future plans to utilize the right-of-way. The proposed closure would save and except a ten foot wide easement, being five feet on either side of an existing two inch diameter Entex gas line. The Code of Ordinances, Section 21-28, provides a closing fee of not less than 75% of the appraised value. The appraised value of the property is $56,000. Staff recommends Council approve the closing at 75% of market value or $42,000. The applicants are agreeable to this value. The applicant shall, prior to Council meeting, deposit $42,000 and execute a hold harmless agreement with the City. Staff recommends approval of the closure as requested. Action Required by Council: Consider approval of an ordinance closing a portion of Pine Bluff Drive, save and except a ten foot wide easement for an existing 2" diameter Entex gas line. Approval should be contingent upon applicants depositing the sum of $42,000 with the City. Availability of Funds: N/A General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: Funds Available: YES NO ORDINANCE NO. 96- 2085 AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF PINE BLUFF DRIVE, 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 Pine Bluff Drive, in the Town of La Porte, Harris County, Texas, to vacate, abandon, and permanently close that portion of Pine Bluff Drive; 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 Pine Bluff Drive, 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 Pine Bluff Drive, 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 Pine Bluff Drive, 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 Pine Bluff Drive, Town of La Porte, Harris County, Texas, is hereby permanently vacated, abandoned and closed by the City of La Porte, to -wit: Being that portion of Pine Bluff Drive forty -foot (401) right- of-way, bounded by the shoreline of Galveston Bay on the East; 133.601 being all of the North line of Lot 23, Block 8, Pine Bluff, on the South; and the East 112.001 of the South line of Lot 4, Block 6, on the North; containing 3,260 square feet, more or less. The plat of Pine Bluff subdivision is recorded in Volume 572, Page 277, of the Deed Records of Harris County, Texas . A plat of the right-of-way is attached hereto as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes. ORDINANCE NO. 96- 2085 PAGE 2 SAVE AND EXCEPT: The City of La Porte saves and excepts a ten foot (101) wide easement being five feet (51) on either side of an existing two inch (211) diameter Entex gas line, for the use and benefit of Entex, its successors and assigns. 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 passage and approval. PASSED AND APPROVED, this 8th day of January, 1996. CITY OF LA PORTE By: Orman L. one, or ATTEST: Sue Lenes City Secretary APPRON)ED: r Knox W. As ins City Attorney This property is not located in the 100 r flood plain s in insur, . rate map, as per map Dated Scale: 1 " = 30' Note: All fences are ' wood unless o1, C'nC. • 1k:ntbI O O N W 4' Chllc, Fence 1 LOT 4 BLOCK 6 C'i ")(" in Cv-,e. Note: — Basis for Bearings: assumed as platted — Distances shown are ground distances — All abstracting done by title company I hereby certify that this survey was made on the ground under my supervision onMar3119y� and that this plat represents the facts found at the tlme�of survey. /J F . D. E. West R.P.L.S. No. 1229 Date f & 24 E/2 Lot 221 1 PINE BLUFF r�'E10 Fq Ogil1 � E D. E. WEST •' 1229 ..P�.¢. �q 9�FESa10?•'O �0 5UR`I�y GALVESTON I TEXAS 1 1 PINE BLUFF I LA PORTE 77571 1 1 QGULLETT &ASSOCIATES, INC. P.O. nox 2301e7 HOUSTON, TEXAS 77223 (713) 044-3219 ' FAX (713) 844-4945 DRAWN Br: lllCr) DRAWING NO.' 940404CS EXHIBIT A 2807 1/2 nCxi 28O7 r'A V 281E 2814 2815 7T 2 281 6 2822 U) 71 p1 8IIB 1 1/2 2 .2 26 :�4-- M I --------------- 13 16 17 18 1/9 20 21 23 127 119Iil 3 22 2 3007 2 12 1 21 AM GAL VESTON BAY A!" z L% of La Porte City 1 7'eXA9 January 3, 1996 City of La Porte City Hall La Porte, Texas Re: Joint Application of Richard A. Percoco & Thelma Percoco and Brian Tulloch & Elizabeth Watkins Rogg to Close a Combined 3,260 Square Feet of 40' R.O.W. of Pine Bluff Drive Terminating at the Galveston Bay Shoreline. Gentlemen: In connection with our application to the City of La Porte to vacate, abandon and close the above described portion of Pine Bluff Drive, this letter is to acknowledge to the City of La Porte, t-ha;: we, as applicants, are aware that, on the plat dedication of Pine Bluff Subdivision, by the owner, John Martin, on May 6, 1924, Mr. Martin reserved the fee in the streets and alleys, subject to the public dedication "for ordinary passage and traffic". We further acknowledge to the City of La Porte our understanding that any action by the City Council of the City of La Porte, vacating, abandoning and closing the above described portion of the right-of-way of Pine Bluff Drive, is essentially a quit claim and disclaimer by the City of La Porte of the right of the public to such portion of Pine Bluff Drive, and is without warranty, either express or implied, by the City of La Porte, as to its title to such public right-of-way. We, the undersigned, in consideration of the closure of the above described portion of right-of-way by the City of La Porte, do agree to release and save and hold harmless the City of La Porte from any claim or liability arising out of such street closing. Yours very truly, Ric d A. Perco o Velma Percd o % ha Br n Tullo r\,j bw El�zab h Watkins Rogg r.O. 13Ox 1 1 15 • Lii rorte, Tex.i, 77 57 i 1 15 • (71 3) $71-5020 Diagnostic Cluuc of Houston, PA ALLERGY ARTHUR T. PEDERSEN, M.D CARDIOVASCULAR DISEASE MICHAEL B. RAINF, M.D. MICHAEL A MODELSKI, M.D. SIGMUND W. FRIEDLAND, M.D BOGUSIAW GODLEWSKI, M.D. JOHN W. KIRK, M.D. ENDOCRINOLOGY AND METAROUC DISEASES R. FREDERICK GREGORY, M.D. THOMAS J. HANSON, M.D. RICHARD D. JARLONSKI, M.D. RRIAN R TULIOCH, M.D. GASTROENTEROLOGY W. TOM ARNOLD, M.D. DEAN C. SOLCHER M.D. MARGARET E BRIDGES, M.D. DANIEL E WHITMAN, M.D. FRANK V. MERIANO, M.D. STEPHEN C. MEDINA, M.D. LUIS I. CANALES, M.D. HEMATOLOGY GEORGE T. CONKLIN, M.D. INFECTIOUS DISEASES LEWIE L TRAVIS, JR M.D. NIZAR A DHOLAKIA, M.D INTERNAL MEDICINE JEFFREY ZATORSKI, M.D. PAUL T. FORTH, M.D. RONAID R. GAIAONE, M.D. STEVE ROSENBAUM, M.D. THERESA VICROY, M.D. CHRISTOPHER P. RORREN, M.D. RICHARD W. ZIMMERMAN, M.D DERRA R ZIMMERMAN, M.D. RICHARD R JOHNSON, M.D. NEPHROLOGY GUILLERMO J. MORELI, M.D. FREEMU K VARGHESF, M.D. NEUROLOGY DONALD J. RUSSELL, M.D GEORGE ISAACS, M.D. ERNESTO INFANTE, M.D. RORERT W. FAYI.E, M.D. REED YOUNG, M.D. RRIAN D. LOFTUS, M.D. NUCLEAR MEDICINE MAYNARD L FREEMAN, M.D ONCOLOGY HARRY R. PRICE, M.D. MARTIN J. HRGOVCICI M.D. ELIZAREIN W. ROGG, M.D. CHARLES K TASHIMA, MD PATHOLOGY ASHOK M. RALSAVER M.D. MARWAN A NASIR, M.D. PULMONARY DISEASE GENE R. LINDLEY, M.D. MARTIN L KAPIAN, M.D. ANA E. ROMAN, M.D. VERN A MILLS, M.D. RADIOLOGY C. P. ELDRIDGE, JR M.D. CHARLES A SPAIN, M.D. JOE R WLLSON, M.D. GREGORY S. CHAPMAN, M.D. ELISARETH UERERSCHAR, M.D CRISTIN A DICKERSON, M.D. RORERT L ALEN, M.D. RHEUMATOLOGY JOHN E NORRIS, M.D. CAROLYN A SMITH, M.D SLEEP DISORDERS THOMAS K. SPEER, PhD ADMINISTRATION JOAN R MCCUING, FACMPE JAMES T. BRELAND, FACMPE 6448 Fannin Houston, Texas 77030 (713) 797-9191 • • FILE COPY TO: Robert T. Herrera, City Manager FROM: Guy Rankin, Director of Planning SUBJECT: Pine Bluff Street and Alley Closing (40' Right -of -Way) Joint Application of Richard and Thelma Percoco and Brian Tulloch and Elizabeth Watkins Rogg On April 25, 1994, the applicants petitioned the City of La Porte for a street closing between Lot 4, Block 6 and Lot 23, Block S in the Pine Bluff Subdivision. The owner's application states that erosion at water's edge is undercutting the concrete apron and undercutting the applicant's property to such an extent that their own bulkheads are cracking. The owner has requested that the City fix the bulkheads or allow a street closing. The amount of staff time dedicated to this particular street closing has been cautious due to the numerous collateral issues involved in closing bayfront property. We (the City) have completed a comprehensive review of the proposed street closing. On July 6, 1995, Mr. Richard Percoco contacted the City of La Porte to discuss the status of this street closing application. I informed Mr. Percoco that his proposal was under final review. Assistant City Manager John Joerns, Mayor Malone, Councilmembers Porter and Maxwell and I visited the proposed street closing on Pine Bluff. The general concensus was (1) The City may not have the responsibility nor a desire to spend funds for maintenance of bulkheads. (2) The City may consider closing of street if we received fair market value and the proceeds in turn were spent on bayfront access without significant protest from the public, primarily the residents of the Pine Bluff Subdivision. (3) If the street closing petition is accepted, a special hold harmless agreement should be drafted to address the unique language in the original platting of the subdivision. The subdivision plat (1924) had odd dedication language in which the original subdivider reserved the fee in the streets, subject to the public dedication for ordinary passage and traffic. That means if the public vacates its rights, then the property reverts to the original owner (or his or her heirs) and not the adjacent property owners. Knox Askins said that if we proceed we would, as a minimum, want a very, very, very tight hold harmless agreement. On July 20, 1995, I informed Mr. Percoco to please put the amount he is offering the City to close the right-of-way in writing so that it could be forwarded to Executive Staff. The street closing (Pine Bluff) has an HCAD appraised value ($4.48/ft.) to the south of the property and ($9.74/ft.) to the north of the property. Because of the disparity, the City exercised its option to secure an independent appraisal. The City had an independent appraisal of the property in question, it was ($11.40/ft.). The applicants do not agree with the appraised value obtained by the City. The attorney representing the applicants have written a letter offering ($5.00/ft.) to close the right-of-way. It is obvious that there is some significant disparity in the appraisals of the property. I am currently preparing a letter to formally advise the applicant's representative of the City ordinance provisions for a street closing. Please inform me on the next step in this particular street closing process. xc: John Joerns, Assistant City Manager 0 0 W. ARTHUR LINDSAY Counselor at Law P. O. Box 131912 Houston, Texas 77219-1912 Telephone: 713-528-6094 Facsimile: 713-942-2041 20 November 1995 Mr. Guy Rankin Director of Planning City of La Porte P. O. Box 1115 LaPorte, Texas 775-72-1115 PLANNING Re: Joint Application of Richard A. Percoco & Thelma Percoco and Brian Tulloch & Elizabeth Watkins Rogg to Close a Combined 3,260 Square Feet of 40' R.O.W. of Pine Bluff Drive Terminating at the Galveston Bay Shoreline. Dear Mr. Rankin: My clients wish to accept the City's offer to close the Pine Bluff Street Right -of -Way for a cash consideration of $42,000 to the City. My clients have the funds immediately available for the transaction and so can proceed as soon as the City desires. Should you need any information from my clients in order to prepare your proposal to the City Council, please advise. I look forward to working with you to complete the closing. A. Percoco & Thelma Percoco Brian Tulloch & Elizabeth Watkins Rogg 1011LTR.DOCIPERC001 0 0 5) REQAT FOR CITY COUNCIL AGENDA&M Agenda Date Requested: January 8, 1996 Requested By: Guy Rankin Department: Planning Report Resolution X Ordinance Exhibits: 1. Ordinance 2. Bid Tabulation/Bidder's List 1111111111 SUMMARY & RE OMMENDATION Background During the FY 94-95 Budget process, Council considered and authorized the expenditure of $40,000 for the installation of lights at the Covered Riding Arena. On December 11, 1995, the City received bids from two suppliers to furnish materials. Attached is the bid tabulation sheet for the project. As shown, Gulf Coast Electric Supply Company, Inc. was the low bidder with a bid of $24,638.83. Recommendation Staff recommends accepting the bid of $24,638.83, from Gulf Coast Electric Company, Inc. Action Required by Council: Consider approval of an ordinance authorizing the City Manager to enter into an agreement with Gulf Coast Supply Company, Inc. in the amount of $24,638.83, and establishing a 10% Contingency of $2,463, totaling $27,101.83 for the supply of lighting materials for the Covered Riding Arena. -------------------------------- Availability of Funds: General Fund X Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: 015-711-410-100 Funds Available: X YES NO IyyG Kooert i/ .,.mppera City M a er ORDINANCE NO. 96- 2086 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND GULF COAST ELECTRIC SUPPLY COMPANY,INC., FOR LIGHTING MATERIALS FOR THE COVERED RIDING ARENA; APPROPRIATING $24,638.83 PLUS A CONTINGENCY OF $2,463.00, 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. City Council appropriates the sum of $24,638.83 plus a contingency of $2,463.00 from the Capital Improvement Account No. 015-711-410-100 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 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. 0 • ORDINANCE NO. 96- 2086 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 8th day of January, 1996. CITY OF LA PORTE By: Orman' L. M lone, Mayor ATTEST: Sue Lenes, City Secretary APP VED: Knox W. Askins, City Attorney CITY OF LA PORTE RIDING ARENA LIGHTING CLP PROJECT NO. 95-5201 BID TABULATION )ECEMBER 11, 1995 CONTRACTOR PRINCIPAL BID TOTAL C011MENTS Gulf Coast Electric Supply Co. $24,638.83 Wholesale Electric Supply Co. $25,976.79 Graybar Electric Co. No Bid; Bid arrived after Bid Opening GE Supply Co. No Bid Moser Electric No Bid Dealers Electrical Supply No Bid 0 0 REQI %T FOR CITY COUNCIL AGENDASEM Agenda Date Requested: January 8, 1996 Requested By: Guy Rankin Department: Planning Report Resolution X Ordinance Exhibits: 1. Ordinance 2. Interlocal Agreement between Harris County Flood Control District and the City of La Porte 3. Exhibit & Summary of Project SUMMARY & RECOMMENDATION On August 2, 1988, the City entered into an Interlocal Agreement with the Harris County Flood Control District (HCFCD) to provide drainage improvements to the HCFCD Unit No. F101-00-00 Watershed. These improvements are part of a long range plan and are not expected to be implemented in the immediate future. The City and the HCFCD have acknowledged recurring flooding problems in the watershed upstream of Strang Yard. The attached Interlocal Agreement will provide matching funds for interim channel improvements along F101-00-00. The improvements will consist of regrading and widening the channel within the existing right-of-way from Strang Yard to North "P" Street and opening the bridge approaches on both sides of Sens Road. The City's portion of the cost is equal to one-half (Y2) the project cost, not to exceed $100,000. The HCFCD will provide engineering and contract administration for the project and the City will provide any necessary City utility relocation. During the 1995-96 Budget process, Council approved $125,000 for these improvements. The remaining $25,000 may be used to purchase additional right-of- way along the channel. At the point in time when this occurs, staff will come before Council for further approval. Action Required by Council: Consider approval of an ordinance authorizing the City Manager to enter into an agreement with the HCFCD for channel improvements on Unit F101-00-00 in an amount not to exceed $100,000. Availability of Funds: General Fund Water/Wastewater X Capital Improvement General Revenue Sharing Other Account Number: 015-716-470-100 Funds Available: X YES NO J A: ORDINANCE NO. 96- 2087 AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE HARRIS COUNTY FLOOD CONTROL DISTRICT, FOR CHANNEL IMPROVEMENTS ON UNIT F101-00-00 WATERSHED; APPROPRIATING NOT TO EXCEED $100,000.00 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 $100,000.00 from Capital Improvement Account No. 015-716-470-100 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 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. NO. 96- 2087 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 8th day of January, 1996. CITY OF LA PORTE By: Norman/L. Malone, Mayor ATTEST: Sue Lenes, City Secretary APPR ED: Knox W. Asking, City Attorney CITY OF LA PORTE TO: FROM: SUBJECT: July 26, 1996 Sue Lenes, City Secret John Joerns, Assistant Maintenance & Interim to Unit F101-00-00 Enclosed is the interlocal agreement between the District and City of La Porte for the planned maintenance and interim improvements on the channel of Unit F101-00-00. Please place the original agreement in the vault. If you have any questions, please contact me. Thank you. xc: Guy Rankin, Director of Planning a-- • • 5 COGy� * * HARRIS COUNTY FLOOD CONTROL DISTRICT c'1'1'R01 Arthur L. Storey, Jr., P. E. Executive Director July 17, 1996 Mr. John Joerns, Assistant City Manager City of La Porte P.O. Box 1115 La Porte, Texas 77572-1115 Ref: Maintenance and Interim Channel Improvements to Unit F101-00-00 Dear Mr. Joerns: Attached is a fully executed copy of the interlocal agreement between the District and the City of LaPorte for the planned maintenance and interim improvements on the channel of Unit F101-00-00. Thank you for your assistance in this matter. Please let me know if you have any questions or comments. Sincerely, Terry E. Woodfin, P.E. Senior Engineer Project Coordination TEW:tw 9900 NORTHWEST FREEWAY, SUITE 220, HOUSTON, TEXAS 77092 713-684-4000 t? 0 • INTERLOCAL AGREEMENT STATE OF TEXAS § COUNTY OF HARRIS § THIS AGREEMENT is made and entered into pursuant to the Interlocal Cooperation Act (TEX. GOV'T CODE ANN., Chapter 791) by and between the CITY OF LaPORTE, TEXAS, a municipal corporation under the laws of the State of Texas, hereinafter designated "City," and the HARRIS COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic under the laws of the State of Texas, hereinafter designated "District" or "HCFCD." WITNESSETH• WHEREAS, on August 2, 1988, the District and the City entered into an Interlocal Agreement to provide drainage improvements for the HCFCD Unit F101-00-00 watershed; and WHEREAS, the District and the City acknowledge that improvements to the portion of the F101-00-00 watershed upstream of Southern Pacific Transportation Company's Strang Yard are part of a long-range plan that will not be implemented in the immediately foreseeable future; and WHEREAS, the portion of the F101-00-00 watershed upstream of Strang Yard continues to experience flooding and drainage problems; and WHEREAS, the District and the City desire to cooperate in providing interim improvements within the existing right-of-way of Unit F101-00-00, to include regrading and enlarging the existing earthen channel of Unit F101-00-00 from Strang Yard to North P Street and opening up the bridge approaches upstream and downstream of Sens Road, hereinafter referred to as the "Project"; and WHEREAS, it is to the mutual benefit of the District and the City to undertake the Project, in order to provide interim relief to the affected area; and WHEREAS, the District and the City desire to share the cost of the Project, and are each willing to furnish funds in an amount equal to one-half the cost of the Project, not to exceed $100,000 each, for their respective shares of the Project; and WHEREAS, in support of the Project, the District is willing to administer the design and construction of the Project, at its own expense; and WHEREAS, in support of the Project, the City is willing to adjust all City -owned utilities that are affected by the Project, at its own expense. NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties herein, the parties agree as follows: ARTICLE I. The District shall coordinate preparation of construction plans and specifications, and administer bidding, construction, inspection, materials testing and surveying for the Project at the District's sole expense, which expense will not be offset against the District's share of the cost of the Project. The District intends to bid and award construction of the Project in a manner similar to that utilized by the District for other like and similar projects, and to award the contract in accordance with applicable competitive bidding laws. ARTICLE II. The City agrees to relocate any City -owned utilities affected by the Project, at the City's sole expense. The cost of any such relocations will not be offset against the City's share of the cost of the Project. ARTICLE III. The District shall notify the City in writing of the bid price of the Project within thirty ( 30 ) days after verifying and accepting a legal bid for the Project that is in the amount of $200,000.00, or less. ARTICLE IV. The City shall pay to the District an amount equal to one- half of the bid price of the Project as the City's share of the cost of the Project, subject to the provisions of Article IX of this Agreement, within thirty (30) days after receipt of the aforesaid notice. ARTICLE V. Either party may rescind this agreement by giving thirty (30) days written notice to the other party, as provided for in Article XI of this Agreement, if an acceptable bidder does not respond to the advertisement, fails to execute the construction K • 0 contract, or fails to provide the bonds required by law. ARTICLE VI. The District shall have the right to make any changes in the plans and specifications it may deem necessary or desirable during the construction of the Project in consultation with the City. However, neither party shall be obligated to expend any funds in excess of those hereinbefore specifically allocated for the Project as a result of any change in said plans or specifications, except as provided in Article IX hereof. ARTICLE VII. The District will deliver a written certification of completion and an itemized statement detailing the total actual cost of the Project to the City within thirty (30) days after final completion of the Project. Should the City's share of the total actual cost of the Project exceed the amount paid to the District by the City pursuant to Articles IV and IX hereof, the City shall pay the District the difference within thirty (30) days of receipt of the itemized statement. If the actual total cost of the Project is less than $200,000.00, then the difference between each party's share of the actual cost and its maximum contribution of $100,000.00 shall be spent for the purchase of right-of-way adjacent to the bridge crossing at Sens Road, provided that the same be sufficient for such purpose, with each party paying an equal share of such cost. If the remaining funds are insufficient for such purpose the District shall refund to the City the difference between the amount paid by the City pursuant to Articles IV and IX hereof and its share of the Project cost and each party shall retain its share of such funds. ARTICLE VIII. The District agrees to continue maintenance of the channel of Unit Flol-00-00 after completion of the Project, subject to the availability and certification of funds. The cost of such maintenance shall not be offset against the District's share of the cost of the Project. ARTICLE IX. The City is not obligated to expend any funds on the Project exceeding a total of $100,000. The City has been advised by the District, and the City clearly understands and agrees, that the District shall have available the total maximum sum of $100,000 3 specifically allocated to fully discharge any and all liabilities that may be incurred by the District pursuant to the terms of this Agreement. Upon taking bids, in the event the bid amount of the lowest and best bidder exceeds $200,000.00, the parties hereto shall have the following options: 1. The District may, after consultation with the City, reject all bids and re -advertise for bids for the construction of the Project in accordance with the drawings and specifications and in compliance with applicable competitive bidding laws. 2. At the option of either party, the District shall reject all bids and elect not to proceed with the letting of the construction contract and to terminate this agreement and the Project without further obligation to the City or District unless otherwise specifically provided in this agreement. 3. By amendment to this agreement, the parties may agree to share the additional cost and proceed to let the construction contract and continue with the Project. 4. By agreement of the parties, the District may amend the drawings and specifications so as to reduce the scope of the Project, and thereafter re -advertise for bids. If the parties fail to agree under which option to proceed within thirty (30) days after the opening of the bids, then this agreement shall terminate without further obligation to either party. ARTICLE X. Neither the District nor the City shall make, in whole or in part, any assignment of this Agreement or any obligation contained herein without the prior written consent of the other party. ARTICLE XI. Notices and communications to either party under this Agreement shall be sent by certified mail, return receipt requested, or delivered to the following respective addresses: District: Harris County Flood Control District 9900 Northwest Freeway Houston, Texas 77092 Attention: Executive Director 4 r� L • City: City of LaPorte P.O. Box 1115 LaPorte, Texas 77571 Attention: Assistant City Manager ARTICLE XII. This instrument contains the entire agreement between the District and the City relating to the rights herein granted and the obligations herein assumed, and may only be amended by written instrument of like dignity executed by the parties hereto. IN WITNESS WHEREOF, this instrument in multiple counterparts, each having the force and effect of any original, has been executed by the parties on the �— day of JV1nn C , 199X. (P ATTEST: CITY OF LaPORTE, TEXAS City Secretary APPROVED AS TO FORM: MIKE DRISCOLL County Attorney By: PAUL TAPARAUSKAS Assistant County Attorney 5 �c T. �ea,- -U-- City Manager City of LaPorte, Texas APPROVED AS TO FO City Attorney City of LaPorte, Texas HARRIS COUNTY FLOOD CONTROL 77L4.j2�� ROBERT ECKELS County Judge 0 • AUDITOR'S CERTIFICATE I hereby certify that funds are available in $100,000 to accomplish and pay the obligation COUNTY FLOOD CONTROL DISTRICT under this Agreement. 11 the amount of of the HARRIS :;�� d&�� h CT County ditor 0 0 ORDER AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE HARRIS COUNTY FLOOD CONTROL DISTRICT AND THE CITY OF LaPORTE THE STATE OF TEXAS § COUNTY OF HARRIS § on this. the day of %n ge-fd 199 l , the Commissioners Court of Harris County, Texas, sitting as the governing body of the Harris County Flood Control District, upon the motion of Commissioner , seconded by Commissioner , duly put and carried, IT IS ORDERED that County Judge Robert Eckels be, and he is hereby, authorized to execute for and on behalf of the Harris County Flood Control District an interlocal agreement with the City of LaPorte to provide interim improvements to Harris County Flood Control District Unit F101-00-00, for a maximum fee to be paid by the District of $100,000.00, said Agreement being incorporated herein by reference for all purposes as though fully set forth verbatim herein. A:F101ILA.D0Q 1-7] C.A.#48,655 Commissioners Court Date MAD 1 a cur._ 9ecmdedVol. — age PROPOSED F.Y. '95 -'96 GENERAL CIP FUND N.T.S. � t l�J 3♦2 -1 fi�r5, 2 it � s3a 339 32 322 321 2 1 315 316 1 317 313 1319 320 306 305 304 303 702 301 295 296 2 P2" T 26a 2a5 IFEE 279 200 2a5 1a♦ 2a3 2a2 tat OCLEAN EXISTING CULVERTS AT STRANG YARD & REGRADE CHANNEL FOR APPROXIMATELY 150 FT. ODESILT CHANNEL FROM SENS RD. TO STRANG YARD OENLARGE EXISTING CHANNEL FROM SENS RD. TO NORTH 'P' ST. F101 INTERIM DRAINAGE IMPROVEMENTS 1-15 0 0 T F101 INTERIM DRAINAGE IMPROVEMENTS The City recognizes watershed improvements described in the F101 Drainage Study are, at best, several years away. These funds, are to promote interim improvements within the existing right-of-way through an inter -local agreement with Harris County Flood Control District. The proposed scope of work is: 1. Clean existing culverts at Strang Yard and regrade channel for approximately 150 ft. 2. Desilt channel from Sens Road to Strang Yard. 3. Enlarge existing channel from Sens Road to North P. Proposed Budget is $ 125,000 1-14 RE AT FOR CITY COUNCIL AGENDATEM Agenda Date Requested: January 8. 1996 Requested By: Bobby L. Powell Department: Police Report X Resolution Ordinance Exhibits: Resolution SUMMARY & RECOMMENDATION The Police Department is requesting permission to continue the Grant through HGAC for the K-4 DARE Program in LPISD. We are asking for a Resolution from Council to participate in the grant for the year 1996-97. Before the Grant can be turned in for review, we must forward a resolution approved by Council to participate in the grant. House Bill 16.540 provides for funding for Juvenile Justice And Delinquency Prevention Act. We are only requesting personnel cost for this year which will be on a 80-20% basis of the original grant. This is the last year of the five year grant. The cost for the year 1995-96 are listed: CITY CJD Personnel $ 39,574 $ 9,894 Indirect $ 0 $ 198 Subtotal $ 39,574 $ 10,092 Total CJD Grant Request (20%]: Action Required by Council: Approve Resolution as submitted ALTERNATIVE: Rewrite Resolution for approval Availability of Funds: TOTAL $ 49,468 $ 198 $ 49,666 $ 10,092 X General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other (None required) Account Number: 001-502-508-101-127 Funds Available: XX YES _ NO **Funds will be requested in 1996-97 Budget. ADDroved for City Council Agenda Robert T. Herrera DATE City Manager RESOLUTION NO. 96 - 01 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, AUTHORIZING THE SUBMISSION OF A GRANT REQUEST TO THE GOVERNOR'S CRIMINAL JUSTICE DIVISION FOR FUNDING TO THE CITY OF LA PORTE, TEXAS, FOR A PROGRAM KNOWN AS: KINDERGARTEN THROUGH FOURTH GRADE D.A.R.E. EXPANSION. WHEREAS, THE CITY COUNCIL OF THE CITY OF La Porte, Texas, have the moral obligation to the citizens and taxpayers of the City of La Porte, Texas, to ensure a drug free living, working and learning environment in the most efficient and coordinated way possible; and WHEREAS, the Council is aware that there are limited funds available to operate drug abuse and awareness education programs; and WHEREAS, the Council feels that the Drug Abuse Resistance Education Program that has been established in the La Porte Independent School District is a viable, workable and desirable way to further our goal of a drug -free community and will enhance the DARE PROGRAM now in place in the City of La Porte, Texas, for all children and adults alike; and WHEREAS, the Council believes that an expansion of the DARE program to grades K-4 has enhanced and improved the effectiveness of the DARE program; and WHEREAS, the opportunity exists to fund an expansion of the DARE program in our community through the Office of the Governor of the State of Texas, Criminal Justice Division; NOW, THEREFORE BE IT RESOLVED, by the Council of the City of La Porte, Texas, that the city submit a grant request to the Office of the Governor of Texas, Criminal Justice Division, to assist in the funding for the expansion of the DARE program. PASSED AND APPROVED, this 8th day of January ,1996. County of Harris Texas orman Malo Mayor ATTEST: City Secretary $ue Lenes 0 0 REQUEST FOR CITY COUNCIL AGENDA ITEM AGENDA DATE REQUESTED 1/8/9-57 REQUESTED BY Rick Over aard L� DEPARTMENT Finance REPORT EXHIBITS: RESOLUTION XXX RESOLUTION SUMMARY AND RECOMMENDATION ORDINANCE Because of the new Public Funds Investment Act, Chapter 2256, Texas Government Code, the City is required to designate by rule, order, ordinance, or resolution, as appropriate, one or more officers or employees of the local government as investment officers to be responsible for the investment of its funds. Attached is a resolution that would designate the Finance Director, Assistant Finance Director and Cash Manager as Investment Officers authorizing them to engage in investment transactions on behalf of the City of La Porte. ACTION REQUIRED BY COUNCIL: Approve or deny the passage of Resolution. AVAILABILITY OF FUNDS: GENERAL FUND ACCOUNT NUMBER: UTILITY FUND FUNDS AVAILABLE APPROVED FOR CITY COUNCIL AGENDA ROBERT T. HERRERA CITY MANAGER OTHER YES NO l-3-qG DATE 0 RESOLUTION 96-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, DESIGNATING CERTAIN INDIVIDUALS TO BE RESPONSIBLE FOR THE INVESTING OF THE CITY'S FUNDS. WHEREAS, the City of La Porte, Texas (the "City") is a political subdivision of the State of Texas and is required to comply with the Public Funds Investment Act, Chapter 2256, Texas Government Code (the "Act"); and WHEREAS, this Act requires the City to designate one or more officers or employees of the City to be responsible for the investment of its funds. NOW, THEREFORE, be it resolved as follows: 1. That the following individuals, whose signatures appear below are officers or employees of the City and are hereby authorized to engage in investment transactions for the City of La Porte. Name Jeff Litchfield Signature Title Finance Director Name Cynthia B. Alexander Signature Title Assist. Fin. Director Name Rick Overgaard Signature Title Cash Manager 2. That this resolution and its authorization shall continue in full force and effect until amended, revoked or until termination of the individuals employment by the City. This resolution is hereby introduced and adopted by the City at its regular meeting held on the 8th day of January, 1996. City of La Porte B Norman alon Mayor ATTESTED: City Secretary Sue L es APP O ED: Ci y Attorney Knox W. Askins