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Home My WebLink About1996-01-22 Regular Meeting0 0 9 • MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL JANUARY 22, 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: City Manager Robert T. Herrera, Assistant City Attorney John Armstrong, City Secretary Sue Lenes, Assistant City Manager John Joerns, Director of Finance/ACM Jeff Litchfield, Director of Administrative Services Louis Rigby, Director of Parks and Recreation Stephen Barr, Police Chief Bobby Powell, Assistant Finance Director Cynthia Alexander, Cash Manager Rick Overgaard, Accounting Supervisor Kathy Hutton, Purchasing Agent Susan Kelley, Golf Course Superintendent Dennis Hlavaty, Secretary to the City Manager Carol Buttler, Utility Billing Clerk Cherell Arcangeli Others Present: Attorney John Hightower, representing Olson & Olson Law Firm, Mr. Steve Chandler, representing J.A.C. Interests, Inc., and several La Porte citizens 2. INVOCATION BY REV. RANDY GILCHRIST - FIRST BAPTIST CHURCH In the absence of Rev. Randy Gilchrist, Councilperson Alton Porter delivered the invocation. 3. CONSIDER APPROVING MINUTES OF REGULAR MEETING JANUARY 8, 1996 Motion was made by Councilperson Maxwell to approve the minutes of January 8 as presented. Second by Councilperson McLaughlin. The motion carried, 9 ayes, 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Norman Malone Nays: None 4. PRESENTATION: PAT MENARD RETIREMENT - R. T. Herrera Mayor Malone read a dossier on retiring Cash Collection Supervisor Pat Menard. City Manager R. T. Herrera presented Pat Menard with a watch in honor of her outstanding service to the City of La Porte. 5. PROCLAMATIONS: A. THE "MOVING WALL" - VIETNAM VETERANS MEMORIAL Mayor Malone proclaimed March 13 through 19, 1996, as "Moving Wall" Week, and he presented a proclamation to the Moving Wall Committee, Chairman Jim Hodges, committee members Sammy Jacobs, Bill and Betty Stoumbaugh, and Dan Hickey Minutes Regular Meeting La Porte City Council January 22, 1996, Page 2 B. "AMERICAN HISTORY MONTH" Mayor Malone proclaimed the month of February, as "American History Month". Receiving the proclamation were Daughters of the American Revolution, Marie Russell, and Imogene Pulleine. 6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL There were no citizens wishing to address Council. 7. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE NAMING A PERSON TO FILL AN UNEXPIRED TERM ON THE FIRE CODE REVIEW COMMITTEE (Ord. 96-2088) Mayor Malone reviewed with Council a recommendation by Fire Chief Joe Sease and Fire Marshall Paul Hickenbottom to appoint Fred Sherron, Jr. to the La Porte Fire Code Review Committee. Assistant City Attorney read: ORDINANCE 96-2088 - AN ORDINANCE APPOINTING A MEMBER TO THE LA PORTE FIRE CODE REVIEW COMMITTEE, FOR A TERM EXPIRING MAY 30, 1997; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made byCouncilperson McLaughlin to appoint Mr. Fred Sherron Jr to the Fire Code Review Committee. Second by Councilperson Cooper. 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 CLOSING ALLEYS WITHIN BLOCKS 865; 899; 900; CLOSING PORTIONS OF SOUTH 12TH, SOUTH 13TH, AND WEST "I" STREET RIGHTS -OF -WAY, IN THE TOWN OF LA PORTE (Ord. 96- 2089) - G. Rankin In Mr. Rankin's absence, City Manager R. T. Herrera reviewed the summary and recommendation for the request for approval of this ordinance which will grant an extension to J.A.C. Interests, Inc. until March 15, 1996, for payment for the closure of the alleys. Assistant City Attorney read: ORDINANCE NO. 96-2089 - AN ORDINANCE VACATING, ABANDONING AND CLOSING ALLEYS WITHIN BLOCKS 865; 899; 900, TOWN OF LA PORTE, AND FURTHER VACATING, ABANDONING AND CLOSING PORTIONS OF THE SOUTH 12TH STREET, SOUTH 13TH STREET, AND WEST "I" STREET RIGHTS -OF -WAY, IN THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. 0 • Minutes Regular Meeting La Porte City Council January 22, 1996, Page 3 Motion was made by Councilperson Clarke to approve Ordinance 96-2089. Second by Councilperson Gay. The motion carried, 9 ayes and 0 nays. Ayes: Councilperson Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None Councilperson Gay asked the representative from J.A.C. Interests, Inc., Mr. Steve Chandler, if the March 15th date would be adequate time for their firm to comply with payment requirements of the ordinance. Mr. Chandler stated, "At this time we feel this is sufficient time to satisfy all prerequisites. Our firm will keep the line of communication open with City Manager R. T. Herrera and Director of Planning Guy Rankin. " 9. CONSIDER APPROVAL OR OTHER ACTION REGARDING THE APPOINTMENT OF A CITIZENS COMMITTEE FOR SEABREEZE PROPERTY DEVELOPMENT - R. T. Herrera City Manager R. T. Herrera reviewed the background and recommendation for the appointment of person to serve on a citizens committee to study and recommend how best to develop the new bayfront park. Mayor Malone read the names of the citizen recommended to serve on this committee and the recommendation of Councilperson McLaughlin as the Council representative to serve on the committee. Motion was made by Councilperson Cooper to approve the list as read by Mayor Malone. 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. CONSENT AGENDA - ANY ITEM MAY BE REMOVED BY A COUNCILPERSON FOR DISCUSSION A. CONSIDER AWARDING BID FOR GOLF COURSE EQUIPMENT TO BROOKSIDE EQUIPMENT AND GOLDTHWAITE'S OF TEXAS - D. Hlavaty B. CONSIDER AWARDING BID FOR PARKS & RECREATION MAINTENANCE EQUIPMENT TO (ITEM #1) LANSDOWNE MOODY CO., INC. AND (ITEM #2) GOLDTHWAITE OF TEXAS - S. Barr Motion was made by Councilperson McLaughlin to approve the consent agenda as presented. 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 11. ADMINISTRATIVE REPORTS City Manager R. T. Herrera had no administrative reports but asked for an executive session to be held. Minutes Regular Meeting La Porte City Council January 22, 1996, Page 4 12. COUNCIL ACTION Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, and Mayor Malone brought items to Council's attention. Mayor Malone announced that La Porte Habitat for Humanity presented a certificate of appreciation to the City of La Porte for the City's support of the Habitat for Humanity program. 13. 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) A. SECTION 551.071 - (LEGAL) MEET WITH THE CITY ATTORNEY TO RECEIVE REPORT ON PENDING LITIGATION B. SECTION 551.075 - (CONFERENCE) MEET WITH CITY MANAGER REGARDING PERSONNEL MATTER(S) Council retired into executive session at 6:35 P.M. under Section 551.071 - A. (Legal) - Meet with the City Attorney to receive report on pending litigation; Section 551.075 - B. (Conference) - Meet with City Manager regarding personnel matter. Council returned to the table at 8:06 P.M. 14. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION No action was taken on executive session items. 15. ADJOURNMENT There being no further business to come before Council, the meeting was duly adjourned at 8:07 P.M. Respectfully submitt S.M-2._ Sue Lenes, City Secretary Passed and Approved this the 12th day of February, 1996. 1Vormani L. Malone, Mayor Pat Menard was born and raised in Lafayette, Louisiana and moved to Houston in August 1957. She managed an apartment complex after her husband died in 1975. Pat said that "managing the apartments gave her the opportunity to be with her five children at home while working." Later she went to work for Bayshore Hospital as an Admitting Manager. The hours got to be too much for her, 7 AM to 11 PM, so she decided to go to San Jacinto Junior College and take Computer Science. In 1980 she went to work for the City of La Porte in the Water Department. Pat has served as Water Supervisor, Tax Collector and Cash Management Supervisor. In 1983 she helped with implementing the computer system the City is presently operating. Pat said she has enjoyed seeing the growth of La Porte with the annexation of Lomax, Collegeview, Spenwick and Baymud. She will miss the daily friendships and companionships but will be in the near vicinity to visit often. She plans to travel some and do some of the things she never had time to do while working, like enjoying her five grandchildren more. Pat feels very rewarded in being a part of the La Porte community and hopes that she has been of some service to the many people she has met in the last 15 years. We all know she has been of great service and will be missed. A retirement party for Pat Menard will be held on Wednesday, January 31, from 4 to 6:00 PM in the council chambers at La Porte City Hall. Office of the Mayor ion memorial represents the stcuejue ieapeu q/ ene ninerwan people; and WHEREAS, the time has come for all people in the Bay Area to honor the "Moving Wall' as a symbol of thanks and remembrance; and WHEREAS, the "Moving Wall" will be open for viewing 24 hours each day at Sylvan Beach in La Porte, Texas, March 13 through 19, 1996; and WHEREAS, the "Moving Wall' is an inspiration for all Americans; and WHEREAS, the "Moving Wall' gives everyone an opportunity to pay their respect to all veterans of all wars and conflicts. NOW, THEREFORE, I, NORMAN L. MALONE, MAYOR of the City of La Porte, do hereby proclaim the week of March 13 through 19, 1996, as "MOVING WALL" WEEK in the City of La Porte, and urge all citizens to view the "Moving Wall' and to give thanks for all the brave military that made the ultimate sacrifice to insure the freedom of America. "Lest We Forget" IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed hereto, this the 22nd day of January, 1996. CITY OF LA PORTE N an L. alone, yor The Cries of War by Tamika Armstrong THE CRIES OF WAR HAS MANY MEANINGS IT MEANS PEOPLE DYING AND CHILDREN CRYING IT MEANS FAMILIES LEFT ALL ALONE IT MEANS MEN HAVING TO LEAVE BEHIND A HAPPY HOME NOT KNOWING IF YOU'LL MAKE IT BACK ALIVE ONLY HOPE IS TO SURVIVE BUT THAT'S WHY WE HAVE THE -MOVING WALL TO BRING MEMORIES TO ALL FOR THOSE WHO DON'T KNOW AND THOSE WHO REALLY CARE IN MEMORY THERE'S A WALL FOR ALL TO SHARE office of the Mayor Texas, is a member „� .,,� ...................�., .,,...b,..�rs of the American Revolution; and WHEREAS, each year the National Society Daughters of the American Revolution sponsor February as American History Month; and WHEREAS, through the study of American History we are made aware of the importance of Freedom, Equality, Justice and Humanity in all our lives today; and WHEREAS, American History stimulates a knowledge in both young and old and a sense of pride in our Nation's great achievements and dedication to liberty; and WHEREAS, pride in the United States of American is expressed in La Porte, Texas, through community services in educational programs, essay contests, and history preservation. NOW, THEREFORE, I, NORMAN L. MALONE, MAYOR of the City of La Porte, do hereby proclaim the month of February, 1996, as "AMERICAN HISTORY MONTH" in the City of La Porte, and urge all citizens to join with me in recognizing the importance of American History in our lives. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed hereto, this the 22nd day of January, 1996. CITY OF LA PORTE Norman L. Malone, Mayor 0 • ORDINANCE 96- 2088 AN ORDINANCE APPOINTING A MEMBER TO THE LA PORTE FIRE CODE REVIEW COMMITTEE, FOR A TERM EXPIRING MAY 30, 1997; 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 of the City of La Porte hereby appoints the following member to the La Porte Fire Code Review Committee, for a term expiring May 30, 1997, or until his successor shall have been duly appointed and qualified: Position - Mayor's Appointee - Fred Sherron, Jr, 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 Meeting Law, chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the 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 approvel, and it is so ordered. PASSED AND APPROVED, this 22nd day of January, 1996. CITY OF LA PORTE By: Norman L. 4o6n?M/ayo1r ATTEST: Sue Lenes, City Secretary APPIO VED: Knox W. Askins, City Attorney C] 0 December 18, 1995 Norman Malone Mayor City of La Porte Scott Lacey Member - Fire Code Review Committee Dear Mr. Malone; I regretfully must resign my position on the Fire Code Review Committee effective January 1, 1995. I have accepted the position of Fire Protection Engineer for the City of Phoenix in Phoenix, Arizona. In this position I will be responsible for reviewing and approving building plans with regards to fire and life safety. I appreciate the opportunity the City Council has given to me to be a part of such an important committee. If I can provide any technical assistance to the committee, please let me know. Respectfully, Scott Lacey REQ&T FOR CITY COUNCIL AGENDAMEM Agenda Date Requested: January 22, 1996 Requested By: Guy Rankine Department: Planning Report Resolution X Ordinance Exhibits: 1. Letter from Randal J. Lerner 2. Ordinance Closing Certain Street and Alley Rights -of -Way SUMMARY & RECOMMENDATION City Council, at its December 11, 1995, meeting, passed Ordinance 95-2081. This ordinance authorized closure of portions of the South 12th, South 13th, and West "I" Street rights -of -way. It also authorized closure of alleys located in Town of La Porte Blocks 865; 899; and 900. Under the terms of the ordinance, payment to the City for closure of the rights -of -way was to have taken place by January 15, 1996. Due to the circumstances detailed in Mr. Lerner's letter, this did not take place. As a result, Ordinance 95-2081 is now null and void. The ordinance now being presented for Council's consideration is identical to 95-2081 with one exception. The deadline for making payment to the City has been moved forward to March 15, 1996. Staff recommends passage of this ordinance. Action Required by Council: Consideration of an ordinance approving the vacation, abandonment, and closure of the street and alley rights -of -way described above. 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 a /$ C ORDINANCE NO. 96-2089 AN ORDINANCE VACATING, ABANDONING AND CLOSING ALLEYS WITHIN BLOCKS 865; 899; 900, TOWN OF LA PORTE, AND FURTHER VACATING, ABANDONING, AND CLOSING PORTIONS OF THE SOUTH 12TH STREET, SOUTH 13TH STREET, AND WEST "I" STREET RIGHTS -OF -WAY, 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 owners of all of the properties abutting the hereinafter described alleys within Blocks 865; 899; 900, Town of La Porte, and abutting the hereinafter described portions of the South 12th Street, South 13th Street, and West "I" Street rights -of -way, in the Town of La Porte, Harris County, Texas, to vacate, abandon, and permanently close the alleys within Blocks 865; 899; 900, Town of La Porte and to vacate, abandon, and permanently close portions of the South 12th Street, South 13th Street, and West "I" Street rights -of -way; and WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine and declare that the hereinafter described alleys within Blocks 865; 899; 900, Town of La Porte, and the hereinafter described portions of the South 12th Street, South 13th Street, and West "I" Street rights -of -way, Town of La Porte, Harris County, Texas, are not suitable, needed, or beneficial to the public as public roads, streets and alleys, and that the closing of the hereinafter described alleys within Blocks 865; 899; 900, Town of La Porte, and the hereinafter described portions of the South 12th Street, South 13th Street, and West "I" Street rights -of -way, 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 alleys within Blocks 865; 899; 900, Town of La Porte, and the hereinafter described portions of the South 12th Street, South 13th Street, and West "I" Street rights -of -way, should be vacated, abandoned, and permanently closed. • Ordinance 96-2089 Page 2 of 4 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 alleys within Blocks 865; 899; 900, Town of La Porte, and the following portions of the South 12th Street, South 13th Street, and West "I" Street rights -of -way, Town of La Porte, Harris County, Texas, are hereby permanently vacated, abandoned and closed by the City of La Porte, to -wit: Being the entire alleys located within the Town of La Porte, Blocks 865; 899; 900. Said alleys being further described by map illustration attached to this ordinance, identified as Exhibit "A" and fully incorporated by reference herein; Further being the entire 13th Street Right -of -Way between Town of La Porte Blocks 865 and 866; 899 and 900 from North right-of-way line of Fairmont Parkway to the South right-of-way line of West "H" Street. Said property being further described by map illustration attached to this ordinance, identified as Exhibit "A" and fully incorporated by reference herein; Further being the entire 12th Street Right -of -Way between Town of La Porte Blocks 168 and 865; 169 and 900 from the North right-of-way line of Fairmont Parkway to the South right-of-way line of West "H" Street. Said property being further described by map illustration attached to this ordinance, identified as Exhibit "A" and fully incorporated by reference herein; Further being the entire West "I" Street Right -of -Way, between Town of La Porte Blocks 866 and 899; 865 and 900; 168 and 169 from the West right-of-way line of State Highway 146 to the East right-of-way line of 14th Street. Said property being further described by map illustration attached to this ordinance, identified as Exhibit "A" and fully incorporated by reference herein; Provided, however, the City of La Porte retains a temporary easement for the operation of an eight inch (8") sanitary sewer main located in that portion of the West "I" Street Right -of -Way located between the East right-of-way line of South 14th Street and the West right-of-way line of South 12th Street, said easement being further described by map illustration attached to this ordinance, identified as Exhibit "B" and fully incorporated by reference herein. Said easement shall be retained until such time as a replacement sewer main has been constructed, accepted by the City of La Porte, and placed in service. At such time as the Ordinance 96-2089 Page 3 of 4 above conditions have been satisfied, this temporary easement shall be permanently abandoned together with all rights appurtenant thereto. Further provided that the City of La Porte, for benefit of Houston Lighting and Power Company, a duly authorized franchise utility company of the City of La Porte, retains a temporary aerial and ground utility easement for the operation of electrical service lines located in the alleys of Town of La Porte Blocks 865 and 900, bounded by the North right-of-way line of Fairmont Parkway, crossing the West "I" Street Right -of -Way, and bounded by the South right-of-way line of West "H" Street. Said easement being further described by map illustration attached to this ordinance, identified as Exhibit "C" and fully incorporated by reference herein. Said easement shall be retained until such time as replacement electrical utility lines have been constructed, accepted by Houston Lighting and Power Company and placed into service. At such time as the above conditions have been satisfied, this temporary easement shall be permanently abandoned together with all rights appurtenant thereto. Section 2. The City of La Porte and J.A.C. Interests, Inc., contemplate entering into a Utility Extension Agreement to provide public utilities in the project. Section 3. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter 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 be effective upon the performance of the following conditions: (1) Payment from applicant to City of the sum of $168,785, in certified funds, on or before March 15, 1996, as consideration hereunder. The cash consideration shall 0 • Ordinance 96-2089 Page 4 of 4 be subject to future adjustment, based on final review of utility plans submitted by applicant to City. Any such adjustment, deficit or credit, shall be refunded by City or paid by applicant, upon execution of the Utility Extension Agreement. (2) Execution of the Utility Extension Agreement provided for in Section 2 hereof on or before March 15, 1996. No building permits shall be issued and no construction of public improvements within the proposed subdivision shall commence until the above (2) conditions have been performed. If the above (2) conditions have not been met within the time frame specified, this ordinance shall be null and void. PASSED AND APPROVED, this 22nd day of January , 1996. CIT OF LA PORTE BY Norman L. k4alone, ayor ATTEST: 1 0 City Secretary, Sue Lenes AP ROVED: �� Z7�-) 4 City Attorney, Knox W. Askins ACCEPTED AND AGREED, By: (ApplicanAwW /� ►�,��.�,�f, c�� STATE OF TEXAS { { COUNTY OF HARRIS { { CITY OF LA PORTE { CERTIFICATE OF COMPLIANCE ORDINANCE NO. 96-2089 I, Sue Lenes, City Secretary of the City of La Porte, do hereby certify that all of the conditions contained in Section 4 of Ordinance No. 96-2089, passed and approved by the City Council of the City of La Porte on January 22, 1996, have been fully performed, and that said Ordinance No. 96-2089 is now in full force and effect. I further hereby certify that the attached and foregoing is a true and correct copy of Ordinance No. 96-2089, passed and approved by the City Council of the City of La Porte at a Regular Meeting of the Council held January 22, 1996, at which meeting a majority of the City Council was present and voted in favor of the passage of said Ordinance, and notice of which meeting was properly posted according to law, prior to the date of such meeting, as said Ordinance appears on record in the minutes of said meeting. To certify which, witness my hand and Seal of Office, this the 14th day of February, 1996. Sue Lenes City Secretary City of La Porte, Texas STATE OF TEXAS { { COUNTY OF HARRIS { This instrument was acknowledged before me on the ;J- 44-'day of February, 1996, by SUE LENES. Q0000000000c00000000000000000000000 8:•?a�'"c'`' CAROL SUi7LER Notary Public, State of Texas NOTARY P'JBUC 3 STkiE OF TEXAS $ .97 COMMISSION �XP;fiES CS-11 t 0 0 C(DPY QUIT CLAIM DEED THE STATE OF TEXAS { { COUNTY OF HARRIS { That the CITY OF LA PORTE, a municipal corporation, for and in consideration of the sum of Ten Dollars ($10.00) cash and other good and valuable considerations, the receipt of which is hereby acknowledged, does, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLAIM unto the said J.A.C. INTERESTS, INC., TRUSTEE, its successors and assigns, all of its right, title and interest in and to that certain lot, tract or parcel of land lying in the County of Harris and State of Texas, described as follows, to -wit: The hereinafter described alleys within Blocks 865, 899, and 900, Town of La Porte, and the following portions of South 12th Street, South 13th Street, and West "I" Street rights -of -way, Town of LaPorte, Harris County, Texas, more particularly described as follows: Being the entire alleys located within the Town of La Porte, Blocks 865, 899, and 900. Said alleys being further described by map illustration attached hereto, identified as Exhibit "A" and fully incorporated by reference herein; Further being the entire 13th Street Right -of -Way between Town of La Porte Blocks 865 and 866; 899 and 900 from the North right-of-way line of Fairmont Parkway to the South right-of-way line of West "H" Street. Said property being further described by map illustration attached hereto, identified as Exhibit "A" and fully incorporated by reference herein; Further being the entire 12th Street Right -of -Way between Town of La Porte Blocks 168 and 865; 169 and 900 from the North right-of-way line of Fairmont Parkway to the South right-of-way line of West "H" Street. Said property being further described by map illustration attached hereto, identified as Exhibit "A" and fully incorporated by reference herein; Further being the entire West "I" Street Right -of -Way between Town of La Porte Blocks 866 and 899; 865 and 900; and 168 and 169 from the West right-of-way line of State Highway 146 to the East right-of-way line of 14th Street. Said property being further described by map illustration attached hereto, identified as Exhibit "A" and fully incorporated by reference herein; Provided, however, the City of La Porte retains a temporary easement for the operation of an eight inch (811) sanitary sewer main located in that portion of the West "I" Street Right -of -Way located between the East right-of-way line of South 14th Street and the West right-of-way line of South 12th Street, said easement being further described by map illustration attached hereto, identified as Exhibit "B" and fully incorporated by reference herein. Said easement shall be retained until such time as a replacement sewer main has been constructed, accepted by the City of La Porte, and placed in service. At such time as the above conditions have been satisfied, this temporary easement shall be permanently abandoned together with all rights appurtenant thereto. Further provided that the City of La Porte, for benefit of Houston Lighting and Power Company, a duly authorized franchise utility company of the City of La Porte, retains a temporary aerial and ground utility easement for the operation of electrical service lines located in the alleys of Town of La Porte Blocks 865 and 900, bounded by the North right-of-way line of Fairmont Parkway, crossing the West "I" Street Right -of -Way, and bounded by the South right-of-way line of West "H" Street. Said easement being further described by map illustration attached hereto, identified as Exhibit "C" and fully incorporated by reference herein. Said easement shall be retained until such time as replacement electrical utility lines have been constructed, accepted by Houston Lighting and Power Company and placed into service. At such time as the above conditions have been satisfied, this temporary easement shall be permanently abandoned together with all rights appurtenant thereto. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said J.A.C. INTERESTS, INC., TRUSTEE, its successors or assigns, forever, so that the CITY OF LA PORTE, nor any person or persons claiming under it shall, at any time hereafter, have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. L� WITNESS MY HAND, this L-_J'�-day of CITY OF LA PORTE 1996 By: Q c' , -T , N� ROBERT T. HERRERA City Manager ATTEST: SUE LENES City Secretary STATE OF TEXAS { { COUNTY OF HARRIS { / This instrument was acknowledged before me on the /J4day of e- rOGL;" , 1996, by ROBERT T. HERRERA, City Manager of the CITY OF LA POTVPE, a municipal corporation, on behalf the ity, in the capacity therein stated. 8 00000000000�o Notary Public, State bf Texas CAROL NOTARY KIEW g STArt OF TEXAS g COMMISSION EXPIRES W11-97 000000000coar+ac+�r000a0000000000�8 ADDRESS OF GRANTEE AFTER RECORDING RETURN TO: J.A.C. INTERESTS, INC., TRUSTEE 2001 Kirby Drive, Suite 502 Houston, TX 77227-2291 PREPARED IN THE LAW OFFICE OF: ASKINS & ARMSTRONG, P.C. P.O. Box 1218 La Porte, TX 77572-1218 832 18� �4 1fi-5 ill �J i III Iffilmilm FAIRMO 0 100 200 400 STREETS & ALLEYS TO BE CLOSED , . EXHIBIT 'A° 1" = 200' N s2 ME 7- 8 6 I 8 5 EXISTING SANITARY SEWER UNE I m I f� =I I flel FAIRMO T PARKN/AY C- N ,ft W. " H" ST. �r EXIST. SAN. SEWER UNE 0 100 200 400 1" = 200' EXIST..,AN. ZC.YYM IUANNOLE ............................ EXHIBIT °B° w IF FAIRMO ... ..... 8�3 PARKWAY r-- N r- j EXIST. H.L& P. ELECTRICAL LINE W. 1)H" SI. i ii`'►Ni W �I aul io , c0 cn = EXISTING H.L& P. OVERHEAD ELECTRICAL SERVICE UNE : E O/H 0 100 200 400 ........................... 1" = 200' EXHIBIT °C° • UTILITY EXTENSION AGREEMENT THE STATE OF TEXAS: COUNTY OF EIARRIS: (C(DIPY This agreement, made this day of �� , 19, by and between the City of La Porte, herein called "City", acting herein through its City Manager (Title of Authorized Official) and J.A.C. Interests. Inc. (Trustee) {Strike out inapplicable terms) (a corporation), (a-partaefship)� (an i$dividtW doing -business as of Houston , County of Harris , and State of Texas , hereinafter called "Owner". The terms of this Agreement shall inure to the benefit of the successors and assigns of the Owner and to the successors in title to the Owner's property. (1) All references to "Utility Main(s)" hereunder shall, for the purposes of this agreement, refer to The water and sewer mains and related appurtenances that are depicted on the site plan identified as Kroger HP- 319, dated 8/29/95, further modified by five notations made to the drawing and initialed by each party to the Agreement. Said drawing is attached as Exhibit A and incorporated by reference herein (2) Owner is the developer of certain property in the City of La Porte, Harris County, Texas, identified as; Kroger - Fairmont Parkway Center Subdivision more specifically defined by the Preliminary Plat of the Kroger - Fairmont Parkway Center Subdivision approved by the La Porte Planning and Zoning Commission on 11 /2/95 and incoMrated by reference herein. (3) Owner hereby agrees to construct and install an extension of utility main(s) identified on Exhibit A to and through said property commencing at the nearest existing public utility main(s) of sufficient size and capacity. Thence along/thru City of La Porte rights -of -way and/or easements to said Owner's property. Provided, however, that should City not possess all necessary rights -of -way and/or easements to complete said extension(s), Owner shall be solely responsible for obtaining said additional rights -of -way and/or easements at no cost to City. (4) Owner agrees to pay all costs related to the construction and installation of said line(s) including necessary appurtenances in conformance with City's standards and specifications for said line(s). Owner further agrees to pay all engineering fees for survey, design, contract documents, bidding, construction staking, and preparation of record drawings. Owner shall be responsible for all other customary charges such as permit, tap, and meter installation fees. (5) Owner agrees to inspection by City, of the mains during construction. Inspection shall be performed as deemed appropriate and necessary by City. As a condition of acceptance of utility mains by City, Owner agrees to provide City with a one year warranty on material and workmanship. (6) Subject to the provisions of this agreement, City hereby agrees to the construction and installation of said utility main(s) according to the plans and specifications to be prepared by the Owner's engineer and approved by the City. City shall reserve the right to review and approve the Contractor to be engaged for construction of public utilities. (7) City agrees to accept the value of these utility mains as Owner's pro rats portion of the prevailing square footage and/or front footage connection charge for water and/or sewer service against said property belonging to Owner. (8) Upon execution of this agreement and compliance with terms herein and upon receiving Final Plat approval from the Planning and Zoning Commission, City agrees to authorize construction of utility mains. Owner shall require the contractor under such contract to diligently pursue the construction of the project to completion. It is, however, understood that the completion of the work is subject to "force majeure". (9) In the event that other owners of property abutting the line(s) extended by Owner under this contract shall utilize the extended line(s) constructed under this agreement, by making connection thereto under a permit from City, Owner recognizes that there are no reimbursement obligations on the part of the City or owners of abutting property. (10) Owner and City recognize that City of La Porte Ordinance 96-2089 in Section 4, Paragraph 1, anticipated the cash consideration for street and alley closings to be subject to future adjustment, based on final review of utility plans submitted lRpplicant to City. Owner and City agree, at Ownting, that the utilities being installed as per Exhibit A of this Agreement represent to the best of our knowledge the final utility layout and that no further cash adjustment is warranted. However, by mutual consent, both parties may modify this agreement in writing at a later date, but prior to March 15, 1996. IN WITNESS WHEREOF, the Parties to these present have executed this agreement in several counterparts, each of which shall be deemed an original, in the year and day first mentioned above. (Seal) ATTEST: BY: (Secretary) (Seal) (Witness) Approved' as to Form: (City Attorney) CITY OF LA PORTE BY: � 7' TITLE: C Note: City Secretary should attest: If Owner is a corporation, Secretary of Corporation should attest. • I A-L��B"��forF�eL�.vE B -/Nsr>.4Yt 8 "EON. S'!✓�e. /�,�4�N � ! :: ; ------------- , F�WXlc k7ovaw8" /*// /Jim- EI , J�/NPLE•lc�SE 4+/Z�YY�1T;i I — L1! Fj/4/47, ,VWS �ro er I �.1 1 -----=—J F 13 — �---------I! --�---------- _ ! ---------__ _ ------------------------------------- 1 ' P,e.oxp ro:wC ----- --- ' •,.••--_ __;___�;; } ��,;', `~t \ �•�r•v 1��•A— L----__ I�--=---r•In � u -- J , / /. '• // I %ram \ B _ I ar.000 s.r. 3 1 •' I; i — -:/�' � i"i •fir 1. � - � , fIr 1 v Ld i Q ---------- -.� _. _.._.. ------ ' i.._. V) -- FA,RMONT PARK AY SYNOPSIS — LAND SYNOPSIS — BUILDING SYNOPSIS — PARKING • �[*.M1 ]J,•+ -9ES t►f7E, SA•.!' S.r. "Olt. 307 —S SITE PLAN -:O-S — ].OA ]: AZ -ES —A. Ip.]S'.+ AC%Ef 4C-A•. 2CAID0 sr. "D:A. l..:S: S.F. . [ iA�: V. CMS f-,S 'H :CA SGA SOA CAlif .S1 PE, tpq S.r. - .�� 1.C}��!�_• `. l✓l T - I IIINT a. � I i. 6-96 Yue 1 3 = 58 0 • P _ 02 LAW OFFICE of RANDA-L J. LERNER 5647 SAN FELIPE SUTI$ 2310 HOUSrON. TEXAS 77057 TELEPNOVI (710) 761-0404 SACSI)41I.8 CF13) 761-0474 January 160 1996 W. Knot W. Aslans Asidns & Armstrong, P.C. 702 W. Fairmont Parkway, LaPorte, Tcccaa 77572-1218 RM Ordinance No. 95--2081 Dear 11+1r. Asldw: As we discussed yesterday, the referenced Ordinance has an expimdon date of January 15, 1996. My client, J.A.C. lawmtel Jne. is coatinuing to. pursue its efforts to acquire the propertites on which the streets and alleys made the subject of the Ordinance are located. Two unforeseen circa►ntstar have delayed acquisition of the properties. The fast delay resulted from the Ming c f a lis pendens against a portion of the property and relc=c c by a payer of the Seller to consummate the closing. My client and counsel are wotlang to resolve the maw. The sec m4 delay is due to the death of George Sharp, Sr. My client has engaged Yolanda Knull at Mn= & Mdo to assist in title clearing matters on this tract. Based upon the foregoing, my client would ]ilm tp request that the referenced Ordinance be extended for sixty (60) days. Thank you in advance for your courtesies. RJL:bac cc: W. Jobn Joerns, Assistant My Manager 0 5) i • CITY OF LA FORTE January 11, 1996 TO: Mayor and City Council FROM: Robert T. Herrera, City Manager C�3T4 SUBJECT: Citizens Committee - Seabreeze Property Per information supplied to my office, the following citizens have been nominated by various Councilmembers to serve on a citizens committee. Their role will be to study and recommend how best to develop the new bayfront park. Larry Allen 5020 Crestway 4714696 Glen Meadows Jarrell Burke 1301 Bayshore Drive 471-1897 Bayshore Brenda Harper 622 S. Utah 4714266 Peggy Johnson Bayshore Randy Kenrick 10012 Hummingbird 471-2815 Meadowcrest Lawrence Maynard 114 North 1 st??? 470-2488 Bayshore Spiro Pomoms 218 Bay Colony Circle 471-3033 Bay Colony Johnnie Smith 415 E. `B" Street Sandy Staniszweske 8822 Orchard Lane 930-8878 Brookglen Neil Woodard 925 Myrtle Creek 470-2777 Creekmont Debbie Yancey 305 S. Blackwell 471-9087 Staff Members Jeff Litchfield Stephen Barr I also would like to recommend City Council appoint a member of Council to work with the committee. It is important that the committee hear your point of view on certain or all matters which it may study. c Jeff Litchfield Stephen Barr REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 22, 1996 Requested By: Alex Osmond Department: Administration XX Report Resolution Ordinance Exhibits: 1) Sealed Bid #0668 2) Bid Tabulation and Bidders List 3) Equipment Specification Deviation Chart SUMMARY & RECOMMENDATION Sealed bids #0668 for tractors, mowers, and utility vehicles were opened and read on January 2, 1996. Bid requests were mailed to eight(8) vendors with five(5) returning bids. Item #3, one(1) riding greens mower with the option of one(1) set of verticut reels and item #4, one(1) off road utility vehicle with the option of one(1) flat bed dump box were budgeted for the golf course. Brookside Equipment was low bidder meeting all specifications for the riding greens mower with the option of one(1) set of verticut reels. Goldthwaites' of Texas was low bidder meeting all specifications for the off road utility vehicle with the option of one(1) flat bed dump box. Total of bid awarded to: Brookside Equipment $ 13,583.67 Goldthwaites of Texas $ 9,852.00 Total $ 23,435.67 Funds totaling $ 23,225.00 were budgeted in the Motor Pool for these items. The overage of $ 210.67 will be recovered in future lease fees. Staff recommends awarding bids for golf course equipment to Brookside Equipment and Goldthwaites of Texas. Action Required by Council: Award bids as recommended by Staff. Availability of Funds: General Fund Capital Improvement XX Other Water/Wastewater General Revenue Sharing Account Number: Various Funds Available: X Yes No Approved for City Council Robert T. Herrera Date City Manager 0 0 CITY OF LA PORTE INTER -OFFICE MEMORANDUM JANUARY 4, 1996 TO: STEPHEN BARR, DIRECTOR OF PARKS AND RECREATION DENNIS HLAVATY, GOLF COURSE SUPERINTENDENT FROM: SUSAN KELLEY, PURCHASING AGENT SUBJ: SEALED BID #0668 - TRACTORS, MOWERS, & UTILITY VEHICLES Advertised, sealed bids #0668 - tractors, mowers and utility vehicles were opened and read on January 2, 1996. Bid requests were mailed to eight (8) vendors with five (5) returning bids. Copies of the bids are attached for your review. Items #1 and #2 were budgeted for the Parks department and Items #3 and #4 are for the Golf Course. Please submit your recommendation with an agenda request form by the prescribed time before the next regular council meeting. If there is a need to delay bringing this bid before council, please notify me. Attachment: Bid Copies Bid Tabulation Bidder's List 0 • BID TABULATION - TRACTORS, MOWERS & UTILITY VEHICLES LANSDOWNE BROOKSIDE fNATSON GOLDTH- RWJ EQUIP DESCRIPTiQI WE D EQUIPMENT D1STRIB WAITE'S.> SALES 1) COMPACT UTILITY TRACTOR (1) $9,322.00 $9,421.39 $11,660.00 NO BID NO BID 2) 3 GANG REEL MOWER (1) NO BID $13,661.37 $15,390.00 $13,215.00 NO BID 3) RIDING GREENS MOWER (1) NO BID $11,360.50 $13,673.00 $12,545.00 NO BID OPTION - VERTICUT REELS (1 SET) $2,223.17 $2,454.00 $1,548.00 TOTAL ITEM #3 W/OPTION $13,583.67 $16,127.00 $14,093.00 4) OFF -ROAD UTILITY VEHICLE (1) NO BID NO BID $9,267.00 $9,189.00 $6,358.00 OPTION - FLAT-BED DUMP BOX (1) $720.00 $663.00 STD EQUIP TOTAL ITEM #4 W/OPTION NO BID $9,987.00 $9,852.00 $6,358.00 CITY OF LA PORTE BIDDERS' LIST TRACTORS, MOWERS & UTILITY VEHICLES SEALED BID #0668 BROOKSIDE EQUIPMENT SALES, INC. 19003 I 45 NORTH SPRING, TX 77388 GOLDTHWAITES 220 FARISS HOUSTON, TX 77054 JOHNSON & ROACH 2727 SOUTHWEST FREEWAY HOUSTON, TX 77098 WATSON DISTIBUTING P.O. BOX 36211 HOUSTON, TX 77236-6211 CHAMBER OF COMMERCE P.O. BOX 996 LA PORTE, TX 77572-0996 R.B. EVERETT COMPANY P.O. BOX 327 HOUSTON, TX 77001 LANSDOWNE-MOODY COMPANY, INC. 1600 FM 528 WEBSTER, TX 77598 RWJ EQUIPMENT SALES 15111 LAKEVIEW DR. - RWJ AIR PARK BAYTOWN, TX 77520 WOWCO 5430 HWY 146 BAYTOWN, TX 77520 BAYSHORE PUBLISH DATES: NOVEMBER 19, 1995 NOVEMBER 27, 1995 0 • Off —Road Utility Vehicle Specification Deviations 11;:;►;;T;:��J7lii;^^l'.• � �.`t•��}::if.F,.�T.YS�•::'v,� �iX•F !��S,�....:�..}...:...;../.iv,YryyY�ii:4:�•y:�y.'•:=iiiZ:Yii�::•::n� ::�:.: Specifications Deviations Horsepower: Horsepower: • 22 Horsepower Minimum • 20 Horsepower Transmission: Transmission: • High -Low Range • Torque Converter • 3 - Speed Forward • Single Speed Forward and • 1 - Reverse Reverse Heavy Duty P.T.O. No P.T.O. Live Hydraulics for accessory No Live Hydraulics for accessory equipment equipment attachments. attachments. January 10, 1996 Agenda Date Requested: Requested By: �- Department: Parks & Recreation XXX Report T Resoluti n Ordinance Exhibits: 1. Bid Recap - Sealed Bid #0668 - Tractors, Mowers, & Utility Vehicles The City of La Porte has requested formal bids for Tractors, Mowers, and Utility Vehicles for Golf Course and Parks & Recreation Department use for golf course and park maintenance operations for the City of La Porte. Parks & Recreation Department Item #1 is a compact utility tractor, & Item #2 is a 3-gang reel mower. Bid requests were mailed to eight vendors, five (5) of which returned bids. Bids were opened on January 2, 1996. Low bid meeting specifications for Item #1 was submitted by Lansdowne Moody Co., Inc., in the amount of Nine Thousand Three Hundred and Twenty Two Dollars (9,322.00) which exceeds the budgeted amount by $122.00. Low bid meeting specifications for Item #2 was submitted by Goldthwaite's in the amount of Thirteen Thousand Two Hundred Fifteen Dollars ($13,215.00), which is within budgeted funds for the purchase by $2,535.00. Staff recommends the award of Item #1 to the Lansdowne Moody Co., Inc., and award of Item #2 to Goldthwaite's as low bidders meeting specifications for these items. Action Required by Council: Consider award of Items #1 and #2 as recommended above, for parks maintenance equipment. XX General Fund Capital Improvement Other Account Number o- -v. Ut, Robert T. Herrera, City Manager Availahility of Funds: Water/Wastewater General Revenue Sharing i i • ct L Date CITY OF LA PORTE INTER -OFFICE MEMORANDUM JANUARY 4, 1996 TO: STEPHEN BARR, DIRECTOR OF PARKS AND RECREATION DENNIS HLAVATY, GOLF COURSE SUPERINTENDENT FROM: SUSAN KELLEY, PURCHASING AGENT SUBJ: SEALED BID #0668 - TRACTORS, MOWERS, & UTILITY VEHICLES Advertised, sealed bids #0668 - tractors, mowers and utility vehicles were opened and read on January 2, 1996. Bid requests were mailed to eight (8) vendors with five (5) returning bids. Copies of the bids are attached for your review. Items #1 and #2 were budgeted for the Parks department and Items #3 and #a are for the Golf Course. Please submit your recommendation with an agenda request form by the prescribed time before the next regular council meeting. If there is a need to delay bringing this bid before council, please notify me. Attachment: Bid Copies Bid Tabulation Bidder's List BID TABULATION - TRACTORS, MOWERS & UTILITY VEHICLES 1) COMPACT UTILITY TRACTOR (1) $9,322.00 $9,421.39 $11,660.00 NO BID NO BID 7ro 2) 3 GANG REEL MOWER (1) NO BID $13,661.37 $15,390.00 $13,215.00 NO BID /3&s'b 3) RIDING GREENS MOWER (1) NO BID $11,360.50 $13,673.00 $12,545.00 NO BID OPTION - VERTICUT REELS (1 SET) $2,223.17 $2,454.00 $1,548.00 TOTAL ITEM #3 WIOPTION $13,583.67 $16,127.00 $14,093.00 4) OFF -ROAD UTILITY VEHICLE (1) NO BID NO BID $9,267.00 $9,189.00 $6,358.00 OPTION - FLAT-BED DUMP BOX (1) $720.00 $663.00 STD EQUIP TOTAL ITEM #4 W/OPTION I NO BID_t $9,987.001 $9,852.00 $6,358.00 CITY OF LA PORTE BIDDERS' LIST TRACTORS, MOWERS & UTILITY VEHICLES SEALED BID #0668 BROOKSIDE EQUIPMENT SALES, INC. 19003 I 45 NORTH SPRING, TX 77388 GOLDTHWAITES 220 FARISS HOUSTON, TX 77054 JOHNSON & ROACH 2727 SOUTHWEST FREEWAY HOUSTON, TX 77098 WATSON DISTIBUTING P.O. BOX 36211 HOUSTON, TX 77236-6211 CHAMBER OF COMMERCE P.O. BOX 996 LA PORTE, TX 77572-0996 R.B. EVERETT COMPANY P.O. BOX 327 HOUSTON, TX 77001 LANSDOWNE-MOODY COMPANY,-INC. 1600 FM 528 WEBSTER, TX 77598 RWJ EQUIPMENT SALES 15111 LAKEVIEW DR. - RWJ AIR PARK BAYTOWN, TX 77520 WOWCO 5430 HWY 146 BAYTOWN, TX 77520 BAYSHORE PUBLISH DATES: NOVEMBER 19, 1995 NOVEMBER 27, 1995