HomeMy WebLinkAbout1996-06-10 Public Hearing Regular Meeting
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MINUTES OF THE PUBLIC HEARING AND REGULAR MEETING OF
LA PORTE CITY COUNCIL
JUNE 10, 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, Deotis Gay, Jack Maxwell and Jerry Clarke
Members of Council Absent: Council person Alton Porter
Members of City Staff and City Employees Present: Assistant City Manager John Joerns, City Attorney
Knox Askins, City Secretary Sue Lenes, Director of Finance/ACM Jeff Litchfield, Director of
Administrative Services Louis Rigby, Director of Planning Guy Rankin, Director of Parks and Recreation
Stephen Barr, Police Chief Bobby Powell, Assistant Director of Public Works Buddy Jacobs, Assistant
Finance Director Cynthia Alexander, Assistant City Secretary Rhonda Yackov, Purchasing Agent Susan
Kelley, City Manager Secretary Carol Buttler, Chief Building Official Arturo Flores
Others Present: Attorney Barry Abrams, Chairman Betty Waters and members Dottie Kaminski and
Margaret Anderson representing the Planning and Zoning Commission, and a large number of La Porte
citizens.
2. INVOCATION BY REV. MICHAEL BINGHAM - ABUNDANT LIFE CHURCH LA PORTE
The invocation was delivered by Rev. J. C. Vann in the absence of Rev. Michael Bingham.
3. CONSIDER APPROVING MINUTES OF PUBLIC HEARING AND SPECIAL CALLED REGULAR
MEETING MAY 20,1996.
Motion was made by Council person Clarke to approve the minutes of Mav 20th as presented. Second by
Councilperson Sutherland. The motion carried, 8 ayes, 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Gay, Maxwell, Clarke and Mayor
Malone
Nays: None
4. PRESENTATION:
A. TO CITY COUNCIL - BY SAMMY JACOBS - BAY AREA VETERANS ASSOCIATION
B. TO MAYOR MALONE - BY HERMAN BERGES - CHURCH OF JESUS CHRIST OF THE
LATTER DAY SAINTS
Mayor Malone announced that Bay Area Veterans Association have asked to be placed on the June 24,
1996, agenda. Mayor Malone introduced Mr. Herman Berges a representative of the Church of Jesus
Christ of the Latter Day Saints. Mr. Berges presented Mayor Malone with a proclamation which calls
upon responsible citizens and officers of government everywhere to promote those measures designed to
maintain and strengthen the family as the fundamental unit of society.
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Minutes Public Hearing
and Regular Meeting
La Porte City Council
June 10, 1996, Page 2
5. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS
WISlDNG TO ADDRESS COUNCIL
There were no citizens wishing to speak to council at this time.
6. PUBLIC HEARING - TO CONSIDER AMENDMENT TO THE CITY OF LA PORTE ZONING
ORDINANCE 1501, REZONING REQUEST R96-003; REQUESTED BY BRYAN AND DAVID
MOORE, SEEKS TO REZONE THE NORTHERN TWENTY FEET (20') OF LOTS 24 AND LOTS
25-32; BLOCK 64; TOWN OF LA PORTE, FROM LOW DENSITY RESIDENTIAL (R-l) TO
GENERAL COMMERCIAL (GC)
OPEN PUBLIC HEARING
REVIEW BY STAFF
RECOMMENDATION OF PLANNING & ZONING COMMISSION
CLOSE PUBLIC HEARING
Mayor Malone opened the public hearing at 6:12 P.M. Director of Planning Guy Rankin reviewed the
summary and recommendations regarding the rezoning request #R96-003 which seeks to rezone the
northern twenty feet (20') of Lot 24 and Lots 25-32; Block 64; Town of La Porte; from Low Density
Residential (R-1) to General Commercial (GC). The tract in question is located at 201 N. 3rd Street, La
Porte, Texas. Mr. Rankin addressed questions from City Council and clarified that Section 11-507 (8) of
the zoning Ordinance states that "The affirmative vote of at least three-fourths (3/4) of the City Council
is required to overrule a recommendation of the City Planning and Zoning Commission." Mr. Rankin
reported the Planning and Zoning Commission, by a 3 to 2 vote, recommended denial of R96-003. Mr.
Rankin recommended that Council hear a report from Planning and Zoning Commission Chairman, Betty
Waters. Mr. Rankin stated, "Just to hear her history and knowledge of the City would definitely be helpful
to Council and would be some good information so that Council could make a more informative decision
tonight." Mayor Malone asked Mrs. Waters to speak. Mrs. Waters stated her support for the decision
made by the Planning and Zoning Commission in their meeting held last month. Mrs. Waters stated, "Our
zoning ordinance is a living document. In the past this has not been held true, and our zoning ordinance
should be opened every year. Areas which there are questions about should be given due consideration
to see if this is still a part of this living document that guides us in the way that we develop our City. I
think it is very important you as Council people understand this needs to be done, and there are areas in
the City today we need to open up, take a good long look at, and say these things need to be changed
because our City changes daily. We see with every action we take a change in our City. This particular
area we are looking at today I recommend to you that you give us an opportunity to look at and bring these
areas up to date and make them a part of that living document that guides our City. I appreciate the
opportunity to speak to you. I do not feel that I come here to advise you on how you should vote, but I
want you to know I support the actions taken by the Planning and Zoning Commission in their last
meeting. "
Mayor Malone asked for public input and called on those who wish to speak in favor of the rezoning
request.
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Minutes Public Hearing
and Regular Meeting
La Porte City Council
June 10, 1996, Page 3
Mr. Peter Barnhart, 1126 Manne Lane, Houston, Texas, 77090, spoke as the representative of the potential
buyer of this property, Byzance, Inc. Mr. Barnhart handed out a sheet of background material (Exhibit
A) and pictures of complexes owned by Byzance, Inc., and he reviewed their background and management
practices for Council. Mr. Barnhart reported that in its present state the mini warehouse property did not
warrant an on site manager. He said they would want to take the extra land Mr. Moore owns and expand
onto it. Take what is presently there and turn it into a more acceptable storage facility to the community,
from an aesthetic standpoint, and it will add to the tax base. Mr. Barnhart stated, "We estimated there are
somewhere in the neighborhood of 160 residential lots available for development in the Northside of La
Porte. We are asking for eight (8) lots which would not be as attractive to a homeowner because they are
already sitting next to a mini-storage warehouse. I would understand the Planning and Zoning
Commission's recommendation if it had been a block that was one half residential, and we were trying to
add another half of the block as commercial. If I were a City Manager or City Planner, to me, that would
be against the comprehensive plan. When you have a block that is already half commercial and you are
counting on the other half to be zoned residential, be occupied, and for that to be the highest and best use
for that property, that is where I do not agree with this. I certainly hope you will vote in favor for
changing this zoning." Mr Barnhart answered questions from Council. He reported if rezoned, Byzance,
Inc. would buy the existing buildings as well as the land that Mr. Moore owns, renovate the existing
buildings, and add on to the existing property. They would have to have a larger facility to justify a
resident manager on site. Mr. Barnhart estimated a completion date of the facilities would be twelve (12)
months after the purchase of the property. Mr. Barnhart stated, "We have a contract on the property
contingent on the zone change. If the vacant land is changed to General Commercial (GC) then it will
become a valid contract, and we will go through all the proceedings in closing. We have not already
purchased the property." Mr. Barnhart answered Council's questions and indicated If they do not get the
additional land rezoned, Byzance, Inc., would not go forward with the contract.
Mayor Malone called on the next speaker, Mr. Jim Johnson, whose business address is 2537 South
Gessner, Suite 200, Houston, Texas, 77063, residence is 1111 Golfview #1002, Richmond, Texas. Mr.
Johnson indicated he is the real estate broker who represents the potential buyer Mr. Barnhart of Byzance,
Inc. He stated he has worked with them for about eight years, and that he is very familiar with the
company, their integrity, and their development and ownership capabilities. Mr. Johnson said he would
highly recommend them to the City Council and to the City of La Porte. He reported to Council that
Byzance, Inc., has upgraded other properties which they own and some are in residential neighborhoods
such as the one Councilman Gay lives in and represents as well as some of the satellite cities such as La
Porte, which one would wish to move into. Mr. Johnson said, "Byzance, Inc., uses state of the art security
systems, high intensity lighting, and an on site person that will be there 24 hours to protect both property
and those leasing there. Mr. Johnson answered questions from Council and restated Mr. Barnhart's
position and plans for the property if rezoning is approved. He also reported to Council Mr. Barnhart's
intent to purchase the warehouses on the property to the southeast which is located in a General
Commercial zone. Mr. Johnson said his question to staff was if this property was under one common
ownership and half of the property changed to a (R -1) zone because of some line drawn down Polk Street,
then why wouldn't there be an exception granted to "Grand Father" the other tract? Mr. Johnson said he
would leave it up to Council to consider.
Mayor Malone called on Mr. David Moore, 620 South Iowa, La Porte, Texas. Mr. David Moore stated,
"Bryan and I own what they call the La Porte Mini-Warehouse. We started building on the Polk side in
1973, finished two projects, and started in late 74 or early 75 to build a fourth project on the north side
of Polk. We have the permits and zoning at our office. Quite frankly, I do not recall how the land action
deal went down because my uncle was involved in it, and I wasn't. I was more in the building part of it.
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City Council Meeting - June 10, 1996
Company Background:
. Byzance, Inc. - 6 Years experience in mini-storage property management
. Strong background in renovating properties with deferred maintenance
. Currently own and operate 7 facilities in Houston and surrounding areas:
- 4 Facilities in Houston, TX
2000 Units totaling 250,000 s.f. in space
- 2 Facilities in Texas City, TX
750 Units totaling 130,000 s.f in space
- 1 Facility in Freeport, TX
150 Units totaling 15,000 s.f in space
Why we feel that re-zoning would benefit the community: ( Rl to GC )
. The improved property would add to the tax and payroll base of the community
. The existing facility is deteriorated and needs to be totally renovated
- Existing size of complex is not large enough to justify an on-site manager
- Additional development will allow us to achieve the necessary economic
returns our company requires
. New facility will have an on-site manager which will give added security to area.
. A wen lit facility will also add to the security of the area
. Additional storage space will give residents on the north side available space to
store goods that may be cluttering the neighborhood.
. Mini-storage as a land use is a low impact development
- No pollution
- Minimal Traffic Impact
References:
Sandra Barnett (Manager of our Freeport facility) 409-233-3233 or 409-233-4479
James Barnett (Mayor of Freeport)
EXHIBIT A
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Minutes Public Hearing
and Regular Meeting
La Porte City Council
June la, 1996, Page 4
On the land use and the rezoning 1 really wasn't involved in that. My Uncle was involved and that was
when the City applied for the rezoning. It surprised me there was so much commotion raised by us trying
to get it rezoned to commercial where we could finish out the project. 1 guess it is (R-1). We have owned
the property for twenty two years, and never once has anybody ever come to us and asked us to buy the
property or even set a price on it. 1 know some of you remember back when prime interest rates went to
21 %, that is what stopped our building. Things are better now, and we were thinking about building out
the project. We were contacted by this real estate agent, which really surprised me, who was interested
in coming in and buying the project. We set a price on it, and they agreed under the circumstances they
could have a thirty day trial period to see how our business was run and see if they could get the property
rezoned so they could build enough warehouses to put a person in there to have full time service." Mr.
Moore said, "I felt like the City erred when they zoned it (R-1), but how are your going to prove it wrong
as it was just an opinion and everybody has their opinion. 1 do not think there would be anymore traffic
at a mini-warehouse, if any of you have every been around them, as they are very slightly used. People
in that area use it and it is at about 85% capacity. The Council needs to notice what is best for the City.
Who knows what will happen in 20 years. You are talking about a 30 foot storage facility over there. It
has to go through the permit system, so 1 am sure if Council is wise enough to change it we can get this
new money to come in and get a new tax base. They (Byzance) can do a lot more than Bryan or I. That
is their business, and they do a first class storage station. Why shouldn't Old La Porte in the downtown
area have one? 1 see no reason. These people are willing to come in and spend $300,000.00 to put a new
storage station in Old La Porte on 8 lots. That is all we are asking for; 8 lots that have been vacant for
20 years." Mr. Moore indicated if the matter could be taken back to Planning and Zoning perhaps
something could be done to solve the problem. Mr. Moore said, "Brian and 1 grew up here, built a lot
of things here, and followed all the City codes to the best of our ability. It is not going to make or break
us 1 guess, but the City is going to miss out. We do not have the money to build these things and put in
something that you need." After discussion and comments from Councilperson Gay, Mr. Moore said, "I
am just thinking what is good for La Porte, and you are just thinking about the people there. 1 can
understand their feelings; warehouses are already there and it is not going to change anything, not for John
Vann or the people, so 1 can't see any problem with somebody improving the neighborhood."
Mr. Randy Russell, 604 Marina Bay Drive, Kemah, Texas, stated he is the real estate agent representing
David Moore, and he spoke in favor of the rezoning. Mr. Russell said, "The property that is in question
right now does not look very good. 1 understand that and David understands that. Maybe that is why they
don't want to have more warehouses. 1 have seen Susan's warehouses. She has 25 units all over the
Houston area, and they are beautiful, and it would be much nicer for the people who have businesses along
there. Also, for the residential people that would be living there and go by there everyday. You have a
very different community, and 1 understand you are worried about someone upsetting the zoning laws.
Maybe there is something, like one of the fellows was saying, that you could put some restrictions on it
so they would not build a 30 foot high building or something of that nature. On another thing too, you
will get a good tax base. These guys will pay their taxes and for the people in that area of town it would
be a lot better looking. If this doesn't go through you will get what is there now."
Mayor Malone called on those who wish to speak in opposition to the rezoning question.
Mr. J. C. Vann stated, "I was in here about a month ago on this same meeting. My decision has not
changed. 1 am opposed for various reasons. First of all, when 1 purchased the property, 1 purchased it
as a remainder for my children. 1 don't own to much in La Porte, but 1 do have off-springs and would
like to leave something for them. Now 1 hear there are no records back in 70 or 71. 1 don't have any
records either, but 1 do have a remembrance. 1 moved into the place where 1 live in now right across from
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Minutes Public Hearing
and Regular Meeting
La Porte City Council
June 10, 1996, Page 5
the mini-warehouses, and I moved in June of 1969. The man that constructed these homes over there was
thinking of building more houses in that same area. One day I looked out of the window, and there was
some construction going on and that was for those mini-warehouse. I was under the impression this was
construction for more homes. When I found out it was mini-warehouses I went to the City Hall, and I
asked to speak to someone who was in charge and had the knowledge why these mini-warehouses were
being built. None of us in that area had been informed of it. The man said there were letters sent, and
you should have gotten one." Mr. Vann reported to Council that he asked other residents in his area about
the letters, and they had not receive any letters. Mr. Vann indicated he is one that uses the mini-
warehouses, but he stated, "If I had known and the truth had been exposed at the time before they were
built, and we had been recognized we would probably be up here right now protesting it. We need the
property for homes. "
Councilperson Gay stated that some here tonight felt that he would speak for them. Mr. Gay said, "I have
been around the area and talked to them, and 1 feel that what I am saying is for the constituents of the area
and myself. They are in opposition." Mr. Gay brought attention to those in the audience tonight and said
if they were not opposed they would not be here tonight. Mr. Gay indicated that Mr. Lewis wants to speak
tonight.
Mr. Johnny Lewis, 318 North 5th Street, La Porte, Texas, spoke stating, "I was born and raised in La
Porte, and I am presently living with my mother in La Porte. 1 heard one gentleman say there is not much
you can do with eight lots, but if you look at the houses on the Northside you will see that you can get a
lot of families in a small space. Eight lots eventually could end up into five homes with seven people in
each one of them, and each one of them working and paying taxes. So, it doesn't matter whether it is two
lots or eight lots. It determines the future of the Northside and whether there will be future home owners
on the Northside. If it is a long range plan to build homes then purchase this land, build a home, and give
someone a decent place to live." Mr. Lewis indicated some people who have lived in La Porte and
graduated from La Porte have to live in others towns because the apartment rental is cheaper. Mr. Lewis
said, "If we had low-income housing in La Porte people wouldn't have to move from La Porte, and it
doesn't take a lot of space to do something good in La Porte. We have to preserve the Northside even if
it is one foot." Mr. Lewis told Council all of the pictures they saw looked real pretty and were of facilities
in Houston. He remarked, "That project would look good in Houston. "
Ms. Rachel Carter, 710 South 4th Street, La Porte, Texas, spoke stating she grew up on the Northside.
Ms. Carter said, "My concern is the survival of the Northside, also. 1 see all over the community, on the
Northside, the older generation is being closed in, in too many areas. 1 look up on 8th Street where 1 grew
up and see where Mr. Heron's home used to be. 1 see the new people have tractors in that area next to
that nice home." Ms. Carter cited other areas where elderly residents live and are being closed in by the
mini-warehouses. Ms. Carter said, "I am in agreement with Brother Lewis about getting decent housing
here for the black people in La Porte. There is a lot of black young couples here that would love to have
a decent home to live in but nobody ever considered that. You just take the Northside and continue to
close it in with warehouses and those things that come from Sealand. It doesn't make any sense. As Mr.
Lewis said we all are not bad, there is a lot of us that work, we are honest, want to have decent places to
live, but nobody considered that." Ms. Carter indicated those who grew up on the Northside of Town
would love to have somewhere to live there, but there were no home developers wanting to build. Ms.
Carter said, "I would have loved to have bought something on the Northside, but there was nothing for me
to buy. 1 did not have the money to go out and start from scratch and built my own, so 1 had to find
something that was in the bounds of reason I could afford that was already built. 1 would like to see the
Northside redeveloped for residents wherever it is possible." Ms. Carter indicated she has a young
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Minutes Public Hearing
and Regular Meeting
La Porte City Council
June 10, 1996, Page 6
daughter that has been looking all over town for a house. She said, "The rent here is outrageous, and
young people can not afford $500 to $700 a month." Ms. Carter said, "Maybe if you would come in and
build some affordable homes these same young people could be great contributors to the community and
raise their families respectfully. "
Ms. Henrettia Allen, 1718 Roscoe, La Porte, Texas, spoke against the rezoning. Ms. Allen stated, "My
concern is for the future. If you build the mini-warehouses now, and there is already commercial property
around the Northside, what is going to stop that property from being sold five or ten years from now and
it being turned into something other than mini-warehouse? My second concern is who is going to monitor
what is going into those warehouses?" Ms. Allen cited several incidents of misuse of storage facilities in
the Houston area where she is from. Ms. Allen asked, "What is going to be stipulated to keep this from
turning into commercial property that can be turned into something else other than mini-storage? I would
also like to know whether or not the property and warehouses, that are rented, will be monitored. I again
remind you of what happened in Pleasantville. "
Mayor Malone read the recommendation of the Planning and Zoning Commission. "Based on the listed
considerations, staff recommends denial of Zoning Request #R96-003. Those considerations are:
* This request does not conform to the intent or recommendation of the Comprehensive
Plan
* The Comprehensive Plan did not err in its recommendations regarding land use and
zoning designations for the area in question
* There have been no changes within the area in question that warrant an amendment of
the Comprehensive Plan
A change to a GC zone would be contrary to the goals and intent of the Comprehensive
Plan
Mayor Malone closed the public hearing at 7:32 P.M.
7. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE AMENDING
ORDINANCE NO 1501, THE CITY OF LA PORTE ZONING ORDINANCE, BY CHANGING
CLASSIFICATION OF THE NORTHERN TWENTY FEET (20') OF LOTS 24 AND LOTS 25-32;
BLOCK 64; TOWN OF LA PORTE, FROM LOW DENSITY RESIDENTIAL (R-l) TO GENERAL
COMMERCIAL (GC) (Ord. 1501-U) - G. Rankin
Councilperson Maxwell called Council's attention to the law which provides that 3/4 of the City Council
or seven (7) votes are required to approve or overrule the recommendation of the Planning and Zoning
Commission. Mr. Maxwell indicated that one member of Council was absent, and he felt that Council
should table this until a full Council is present.
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Minutes Public Hearing
and Regular Meeting
La Porte City Council
June 10, 1996, Page 7
Motion was made bv Council person Maxwell to table this item until such time as we have a full Council
l'resent. Second by Councilperson Thrower. The motion carried,S ayes and 3 nays.
Ayes: Councilpersons Sutherland, Thrower, McLaughlin, Maxwell, Clarke
Nays: Councilpersons Cooper, Gay, and Mayor Malone
Councilperson Sutherland asked to schedule a meeting with Director of Planning Guy Rankin and any other
members of Council who would like to come to and discuss the information which was presented at the
Planning and Zoning Public Hearing regarding this rezoning question. Assistant City Manager John Joems
said that was a matter which he and Mr. Rankin could arrange.
Mayor Malone announced that Council will now go into executive session under Item 17.
17. 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, DELmERATION REGARDING REAL PROPERTY,
DELmERATIONREGARDING PROSPECTIVE GIFf OR DONATION, PERSONNEL MATTERS,
CONFERENCE WITH EMPLOYEES, DELmERATIONREGARDING SECURITY DEVICES, OR
EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN
INVESTIGATION)
A. SECTION 551.071 - (LEGAL)
MEET WITH CITY MANAGER, CITY ATTORNEY, AND SPECIAL COUNSEL
REGARDING PRINCE LAWSUIT
B. SECTION 551.074 - (PERSONNEL)
MEET WITH CITY COUNCIL REGARDING APPOINTMENT OF VARIOUS BOARDS,
COMMISSIONS, AND COMMITTEES
Council retired into executive session at 7:35 P.M. under A) Section 551.071 (Legal), meet with City
Manager, City Attorney, and Special Counsel regarding the Prince lawsuit; B) Section 551.074 (personnel),
meet with City Council regarding appointment of various boards, commissions, and committees. Council
returned to the table at 8:25 P.M. with no action taken and reconvened the City Council meeting at 8:26
P.M.
While the audio tape was being changed Mayor Malone reported to Council the person sitting with Director
of Planning Guy Rankin is the new Chief Building Official for the City of La Porte, Mr. Art Flores.
8. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE APPROVING
AND AUTHORIZING A CONTRACT WITH PAS-KEY CONSTRUCTION SERVICES, INC., FOR
CONSTRUCTION OF THE FOURTEENTH STREET TRUNK SEWER MAIN (Ord. 96-2108) -G.
Rankin
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Minutes Public Hearing
and Regular Meeting
La Porte City Council
June 10, 1996, Page 8
Director of Planning Guy Rankin reviewed the summary and recommendation for the request to consider
authorizing the City Manager to execute a contract with Pas-Key Construction Services, Inc., in the amount
of $144,158.31 for construction of the sanitary sewer line and further authorizing $14,416.69 to be set
aside for contingency for a total of $158,575.00 for the project.
City Attorney read: ORDINANCE 96-2108 - AN ORDINANCE APPROVING AND AUTHORIZING
A CONTRACT BETWEEN THE CITY OF LA PORTE AND PAS-KEY CONSTRUCTION SERVICES,
INC., FOR CONSTRUCTION OF THE FOURTEENTH STREET TRUNK SEWER MAIN;
APPROPRIATING $144,158.31 PLUS A CONTINGENCY OF $14,416.69, 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 Cooper to adopt Ordinance 96-2108 as read by the City Attornev.
Second by Council person Sutherland. The motion carried, 8 ayes, 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Gay, Maxwell, Clarke and Mayor
Malone
Nays: None
9. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE VACATING,
ABANDONING AND CLOSING A PORTION OF THE ALLEY IN BLOCK 1094, TOWN OF LA
PORTE, HARRIS COUNTY, TEXAS, (Ord. 96-2109) - G. Rankin
Director of Planning Guy Rankin reviewed the summary for the request by Bruce Angel and staffs
recommendation to close the sixteen foot (16') wide alley located in Block 1094. The alley closing is
specifically for the building of two establishments; a Diamond Shamrock convenience store and a Popeye's
restaurant. Mr. Rankin and Assistant City Manager John Joerns answered questions from Council. The
explanation included the next agenda item, being Item 10.
10. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE GRANTING A
LICENSE TO BRUCE ANGEL FOR USE OF THE SURFACE OF THE WEST FORTY FEET OF
BLOCK 1094, TOWN OF LA PORTE, RETAINING PUBLIC UTILITY EASEMENTS (Ord. 96-
2110) - G. Rankin
City Attorney read: ORDINANCE 96-2109 - AN ORDINANCE VACATING, ABANDONING AND
CLOSING A PORTION OF THE ALLEY IN BLOCK 1094, TOWN OF LA PORTE, HARRIS
COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
City Attorney read: ORDINANCE 96-2110 - AN ORDINANCE GRANTING A LICENSE TO BRUCE
ANGEL FOR USE OF THE SURFACE OF THE WEST FORTY FEET (W. 40') OF BLOCK 1094,
TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; RETAINING PUBLIC UTILITY EASEMENTS;
PROVIDING TERMS AND CONDITIONS OF SUCH LICENSE; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
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Minutes Public Hearing
and Regular Meeting
La Porte City Council
June 10, 1996, Page 9
Motion was made bv Councilperson Cooper to adopt Ordinance 96-2109 and Ordinance 96-2110 as read
by the City Attorney. Second by Councilperson Gay. The motion carried, 8 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Gay, Maxwell, Clarke and Mayor
Malone
Nays: None
11. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE AUTHORIZING
THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF LA PORTE
AND ROBERT W. McKINNEY, AlA, FOR PROFESSIONAL SERVICES FOR BUILDING
EXPANSION AT BAY FOREST GOLF COURSE AND FUTURE EXPANSION OF CITY HALL
(Ord. 96-2111) - J. Joerns
Assistant City Manager John Joerns reviewed the summary and recommendation for the request to approve
an ordinance for Professional Services Agreement with Robert W. McKinney, AlA. Mr. Joerns introduced
Mr. Robert W. McKinney to Council.
City Attorney read: ORDINANCE 96-2111 - AN ORDINANCE APPROVING AND AUTHORIZING
AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND ROBERT W. MCKINNEY, AlA, FOR
PROFESSIONAL SERVICES RELATING TO BUILDING EXPANSION AT BAY FOREST GOLF
COURSE AND FUTURE CITY HALL EXPANSION; APPROPRIATING $45,000.00 PLUS A
CONTINGENCY OF $2,500.00 TO FUND SAlD AGREEMENT; MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made bv Council person Clarke to approve Ordinance 96-2111 as read by the City Attorney.
Second by Council person Maxwell. The motion carried, 8 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Gay, Maxwell, Clarke and Mayor
Malone
Nays: None
Council person Gay asked Assistant City Manager John Joerns for clarification regarding the Golf Course
expansion.
Councilperson Cooper asked Mayor Malone if a vote was taken on Item 11. After discussion Council
again voted on the motion which was previously made by Councilperson Clarke to approve Ordinance 96-
2111 as read by the City Attorney, and second by Councilperson Maxwell. The motion carried, 8 ayes
and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Gay, Maxwell, Clarke and Mayor
Malone
Nays: None
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Minutes Public Hearing
and Regular Meeting
La Porte City Council
June 10, 1996, Page 10
12. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE APPOINTING
MEMBERS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES, TABLED AT THE
MAY 20th SPECIAL CALLED REGULAR MEETING TO BE BROUGHT BEFORE COUNCIL AT
THE NEXT REGULARLY SCHEDULED CITY COUNCIL MEETING (Ord. 96-2107) - Mayor
Malone
Mayor Malone asked City Attorney Knox Askins to read the list of appointments to be made to the various
Boards, Commissions, and Committees.
City Attorney read: ORDINANCE 96-1207 - AND ORDINANCE APPOINTING MEMBERS TO
VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES, OF THE CITY OF LA PORTE;
PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETING LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
Section 1. Fire Code Review Committee: District 1, Louis Heintschel; District 4, Floyd Craft;
District 6, Emery Farkas; At Large B, Tom Handy:
Section 2. Planning and Zoning Committee: Chairman Betty Waters; District 1, Melton Wolters;
District 6, Michael D. Meredith:
Section 3. La Porte Area Water Authority: Position 4, Chester Pool; Position 5, Jerry Bramlett:
(Section 4. It is the intention of the City Council of the City of La Porte to repeal the provisions
of Ordinance 1637 establishing an Electrical Board. Therefore, City Council makes no
appointments to the Electrical Board.)
Section 5. Airport Advisory Board: Position 1, Cliff Hyde; Position 2, Larry Tucker; Airline
Rep. Dan Myhaver:
Section 6. Board of Adjustment: Position 2, Bob Capen; Position 5, Ruben L. Salinas:
Motion was made bv Counciloerson McLau~hlin to approve Ordinance 96-2107 as read bv the City
Attorney. Second by Councilperson Thrower. The motion carried, 8 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Gay, Maxwell, Clarke and Mayor
Malone
Nays: None
13. CONSIDER APPROVAL OR OTHER ACTION REGARDING A RESOLUTION ESTABLISHING
THE POLICY OF THE CITY OF LA PORTE CONCERNING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND SOUTHERN PACIFIC TRANSPORTATION, INC., FOR
EXCHANGING OF RIGHT-OF-WAY WITHIN SOUTHERN PACIFIC'S 219 ACRE TRACT (Res.
96-04) - J. Joerns
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Minutes Public Hearing
and Regular Meeting
La Porte City Council
June 10, 1996, Page 11
Assistant City Manager John Joerns reviewed the summary and recommendation for the request to approve
a resolution which would express Council's intent to pass an ordinance approving the final version of an
agreement between City of La Porte and Southern Pacific Transportation Company for the exchange of
rights-of-way. Mr. Joems directed Council's attention to an additional paragraph, paragraph 3a, to be
placed into the agreement with Southern Pacific. (Exhibit A)
City Attorney read: RESOLUTION 96-04 - A RESOLUTION ESTABLISHING THE POLICY OF THE
CITY COUNCIL OF THE CITY OF LA PORTE CONCERNING AN AGREEMENT WITH
SOUTHERN PACIFIC TRANSPORTATION COMPANY; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Clarke to approve Resolution 96-04 as read by the City Attorney.
Second by Council person McLaughlin. The motion carried, 8 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Gay, Maxwell, Clarke and Mayor
Malone
Nays: None
14. CONSENT AGENDA - ANY ITEM MAYBE REMOVED BY A COUNCILPERSON FOR
DISCUSSION
A. CONSIDER AWARDING A BID FOR THE FURNISHING OF CONCRETE TO DORSETT
BROTHERS CONCRETE SUPPLY, INC. - S. Gillett
B. CONSIDER AWARDING A BID FOR THE FURNISHING OF LIQUID CHLORINE TO
DXI INDUSTRIES, INC. - S. Gillett
Motion was made by Council person Clarke to approve the consent agenda as presented. Second by
Council person Sutherland. The motion carried, 8 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Gay, Maxwell, Clarke and Mayor
Malone
Nays: None
15. ADMINISTRATIVE REPORTS
Assistant City Manager John Joerns introduced Arturo Flores who has just joined the employment of the
City of La Porte as the Chief Building Official. Mr. Flores addressed Council stating he was really pleased
to be here, and he is very excited to be coming to a City that seems to be in an up-swing with construction.
Mr. Flores comes to La Porte with over seventeen years of experience.
16. COUNCIL ACTION
Councilperson Sutherland announced the La Porte Live Stock Association will conduct a flag raising
ceremony at the Lomax Arena on July 1, 1996, at 4:30 P.M. Councilpersons Cooper, McLaughlin and
Mayor Malone also brought items to Council's attention.
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3a. EXISTING PIPELINE CORRIDOR:
City and SP recognize existence of a pipeline corridor, running east and west, parallel
to and sOL;th of the 230 foot easement and right of way conveyed in paragraph 2 of this
agreement by SP to City.
Both City and SP agree to not take any action that would diminish the rights of the
owners or holders of said pipeline corridor, fee, title, licenses, easements or other
vested rights, without first obtaining the consent of said pipeline corridor owners and/or
permit holders.
City and SP further agree to take all steps as may reasonably be required to assist the
other party in obtaining the rights or privileges contemplated in this agreement, in
connection with the holder of the pipeline corridor fee, easement, license or other
vested right.
At the City Council meeting on June 10, 1996, paragraph 3a was incorporated in Exhibit A.
J .'
EXHIBIT A
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Minutes Public Hearing
and Regular Meeting
La Porte City Council
June 10, 1996, Page 12
17. Item 17 was covered previously.
18. CONSIDERATION AND POSSmLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE
SESSION
There were no considerations for this item.
19. ADJOURNMENT
There being no further business to come before Council, the meeting was duly adjourned at 9:18 P.M.
Respectfully submitted,
~LJ
Sue Lenes, City Secretary
Passed and Approved this the 24th
day of June, 1996
Ij{!!!.~/:!.l1a/
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PRESENTATION
BAY AREA VETERANS ASSOCIATION WILL PRESENT A PLAQUE TO CITY COUNCIL
IN APPRECIATION FOR THE CITY'S ASSISTANCE FOR THE "MOVING WALL"
PRESENTATION.
Sammy Jacobs will present plaque.
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THE FAMILY
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A PROCLAMATION
TO THE WORLD
THE FIRST PRESIDENCY AND COUNCIL OF THE TWELVE APOSTLES
OF THE CHURCH OF JESUS CHRIST OF LATIER-DAY SAINTS
~THE FIRST PRESIDENCY and the Council of
the Twelve Apostles of The Church of Jesus Christ
of Latter-day Saints, solemnly proclaim that marriage
between a man and a woman is ordained of God
and that the family is central to the Creator's plan
for the eternal destiny of His children.
ALL HUMAN BEINGS-male and female-are created
in the image of God. Each is a beloved spirit son or
daughter of heavenly parents, and, as such, each
has a divine nature and destiny. Gender is an
essential characteristic of individual premortal,
mortal, and eternal identity and purpose.
IN THE PREMORTAL REALM, spirit sons and
daughters knew and worshiped God as their
Eternal Father and accepted His plan by which His
children could obtain a physical body and gain
earthly experience to progress toward perfection
and ultimately realize his or her divine destiny as
an heir of eternal life. The divine plan of happiness
enables family relationships to be perpetuated
beyond the grave. Sacred ordinances and cov-
enants available in holy temples make it possible
for individuals to return to the presence of God
and for families to be united eternally.
THE FIRST COMMANDMENT that God gave to
Adam and Eve pertained to their potential for
parenthood as husband and wife. We declare
that God's commandment for His children to
multiply and replenish the earth remains in force.
We further declare that God has commanded that
the sacred powers of procreation are to be em-
ployed only between man and woman, lawfully
wedded as husband and wife.
WE DECLARE the means by which mortal life
is created to be divinely appointed. We affirm the
sanctity of life and of its importance in God's
eternal plan.
HUSBAND AND WIFE have a solemn responsibility
to love and care for each other and for their
children. "Children are an heritage of the Lord"
(psalms 127:3). I'ilft~nls have a sacred duty to rear
their children in love and righteousness, to provide
for their physical and spiritual needs, to teach them
to love and serve one another, to observe the
commandments of God and to be law-abiding
citizens wherever they live. Husbands and wives-
mothers and fathers-will be held accountable
before God for the discharge of these obligations.
THE FAMILY is ordained of God. Marriage between
man and woman is essential to His eternal pl~n.
Children are entitled to birth within the bonds of
matrimony, and to be reared by a father and a mother
who honor marital vows with complete fidelity.
Happiness in family life is most likely to be
achieved when founded upon the teachings of the
Lord Jesus Christ. Successful marriages and fami-
lies are established and maintained on principles
of faith, prayer, repentance, forgiveness, respect,
love, compassion, work, and wholesome recrea-
tional activities. By divine design, fathers are to
preside over their families in love and righteous-
ness and are responsible to provide the necessities
of life and protection for their families. Mothers are
primarily responsible for the nurture of their chil-
dren. In these sacred responsibilities, fathers and
mothers are obligated to help one another as equal
partOers. Disability, death, or other circumstances
may necessitate individual adaptation. Extended
families should lend support when needed.
WE WARN that individuals who violate covenants
of chastity, who abuse spouse or offspring, or who
fail to fulfill family responsibilities will one day
stand accountable before God. Further, we warn
that the disintegration of the family will bring upon
individuals, communities, and nations the calami-
ties foretold by ancient and modern prophets.
WE CALL UPON responsible citizens and officers
of government everywhere to promote those
measures designed to maintain and strengthen
the family as the fundamental unit of society.
This prllClIIlfllltioa ID/I5 rrad by PrtSidmt Gordon B. Hinckley 115 part cf his ~ III the
Gt~I1" k/iq Socidy Mming held Sq>tembtr 23, 1995, i/l Slrlt lAke Oty, Utah.
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REO&T FOR CITY COUNCIL AGENDa-EM
Agenda Date Requested: June 10. 1996
Requested By: Guv Rankin t~
Department:
Planning
x
Report
Resolution
x
Ordinance
Exhibits:
1. Rezoning Ordinance 1501-U
2. Transmittal Letter from Planning and Zoning Commission
3. Application for Zone Change Request
4. Public Notice Replies
5. Staff Report
SUMMARY & RECOMMENDATION
Summary
The Planning & Zoning Commission, at its May 16, 1996, meeting, considered and
recommended denial of Rezoning Request #R96-003. This request seeks to rezone
the northern twenty feet (20') of Lot 24 and Lots 25-32; Block 64; Town of La Porte;
from Low Density Residential (R-1) to General Commercial (GC). The tract in question
is located at 201 N. 3rd Street, La Porte, Texas. The applicants, Bryan and David
Moore, seek to expand a pre-existing, non-conforming use by building five (5) new
mini-warehouses at the described location.
City Council may vote to amend the Zoning Ordinance or uphold the Planning and
Zoning Commission's recommendation. The Planning and Zoning Commission, by a
3 to 2 vote, has recommended denial of R96-003. Section 11-507 (8) of the Zoning
Ordinance states that "The affirmative vote of at least three-fourths (3/4) of the City
Council is required to overrule a recommendation of the City Planning and Zoning
Commission that a proposed change to the Ordinance or boundary be denied."
Therefore, to approve the Rezoning Request, 3/4 of the City Councilor seven (7)
votes is required.
In acting upon a zone change request, the Planning & Zoning Commission and in turn,
City Council, are charged to consider the following factors:
. Was the current zoning designation reasonable?
. Was any error made in the assignment of the current zoning?
. Is the requested designation compatible with the intent and goals of the
City's Comprehensive Plan?
It is the burden of the applicant to demonstrate whether any of these criteria have
been satisfied.
Page 2 of 2
June 10, 1996 City Council
Rezoning Request #R96-003
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Council will receive input from staff, citizens, and the applicant in conjunction with
the recommendation of the Planning & Zoning Commission during the June 10, Public
Hearing. After closing the hearing, Council will consider approval of the rezoning
request.
In preparation for this City Council Public Hearing, staff has satisfied all public notice
requirements, including a mailout to the owners of all properties located within 200
feet of the tract in question. A total of 20 notices were mailed. As of June 3, the
date on which this agenda request is being prepared, one (1) reply has been received
in favor of the request and one (1) notice was returned undeliverable. If other replies
are received, they will be provided to Council at the June 10, Public Hearing.
Recommendation
The Planning and Zoning Commission, by a 3 to 2 vote, has recommended denial of
R96-003. Staff concurs with this recommendation.
Per Section 11-507 (6) of the Zoning Ordinance, "The City Council shall act upon
such motion or petition within thirty (30) days from the date the final report of the
City Planning and Zoning Commission was submitted to the City Council". The
report's submittal date is May 1 7, 1996.
Action Required by Council:
1 . Conduct Public Hearing
2. Consider Approval of R96-003
Availability of Funds: N/A
General Fund
Capital Improvement
Other
Water /Wastewater
General Revenue Sharing
Account Number:
N/A
Funds Available: _YES _NO
ADD roved for City Council Agenda
il!f:
(7 .
. Herrera
. y Manager
,vI.~"
DATE
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City of La Porte
Established 1892
May 17, 1996
Honorable Mayor Norman Malone and City Council
City of La Porte
Re: Rezoning Request #R96-003
Dear Mayor Malone:
The La Porte Planning and Zoning Commission, during its May 16, 1996, meeting, held a
public hearing to consider Rezoning Request #R96-003. The request, submitted by Bryan and
David Moore, seeks to rezone the northern twenty feet (20') of Lots 24 and 25-32; Town of La
Porte. The tract in question is further described as being located at 201 N. 3rd. Street, La
Porte, Texas and is currently zoned R-1 (Low Density Residential). The applicants are
requesting a rezoning to GC (General Commercial). The applicants seek to expand a pre-
existing, non-conforming use by building five (5) new mini-warehouses at the described location.
The Planning and Zoning Commission has, by a 3 to 2 vote, recommended that Rezoning
Request #R96-003 be denied.
~y
Howard Ebow
Acting Chairman, Planning and Zoning Commission
~
c: Robert T. Herrera, City Manager
John Joorns, Assistant City Manager
John Armstrong, Assistant City Attorney
La Porte Planning and Zoning Commission
P.o. Box 1115 · La Porte, Texas 77572-1115 · (713) 471-5020
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CITY OF LA PORTE
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APPLICATION FOR
ZONE CHANGE REQUEST
---------------------------------------A~~li~;ti~~-N~~~---9~=--CO-~---
OFFICE USE ONLY: Fee: $100.00 Date Received: "-I-~-~ \
Receipt No.: ~ q 7S_ \\
( ) Site Plan () Minor Development Site Plan 8L-o c.t< OORb\
~_l_~~~~:~~;~;~~~~;~~:;~:~~:~::_____~_~_::::::~_:~::____~~~1PJ~
APPLICANT'S NAHE: f7eY~N MC>006T3- VA-u-::I:'b Mt:l6 ~E-
Address: Yo. 130)( IS-II L-tj, Po IZ Ie- ~A4-]7r7;H: Lj-7!- 0''1--5
/ I 6) ~ l.qi;lo:l)
0\1::::: NA~~ 'f f 7b "~/>1 ~ Signatu~/if~~ ~
Address: 54-/Y1~ PH:
-1/. a.t:>' "", La T ^~ <t 2> Thfl..v ~ Z- ~I N'.3 ('{t) )--'"
Pro per' t y Leg aID e s c rip t ion : P"/(Jc K 0 ~. ~ tv 4/ C' F () See At t a c he d
L,.? fb/l/'.el re.x4-:>
I AM THE OWNER OF THE HEREIN DESCRIBED PROPERTY AND
IS AUTHORIZED TO FILE THIS APPLICATION ON MY BEHALF.
,
Date:
(~~~ .:IF-
Requested Zone Change: /G,C.i SIC No. !(~ ,/;U..5
./1'11 'N I ' tv.4- ;l- ~ A; f/ '5 J!!: S . \ /
....----.. -----
Signature:
Zone:
CI~ R; I
Proposed Usage:
----------------------------------------------------------------------
----------------------------------------------------------------------
OFFICE USE ONLY
1) Planning & Zoning: (a) Preliminary Meeting -
(b) Public Hearing/Mtg. -
Recomrnendat ion: iO.LM~A.#)
~/;((J/q "
Applicant Notified of Date(s): ( ) 1st Mtg.
( ) 2nd Mtg.
Adjoining Property Owners Notified: 1~~
2) City Council:
(a)
(b)
Regular Meeting t /
Public Hearing/Mtg. - Ii/oj t;t,
Adopted by Amendment Ord. #1501 - -
Approved (
Denied (
)
)
CONTINUED ON NEXT PAGE
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ZONE CHANGE REQUEST
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PAGE 2
Applicant Notified of Date(s): ( ) 1st Mtg.
( ) 2nd Mtg.
Adjoining Property Owners Notified:
{jfA-/
This Application is:
Approved ( )
Permit No.
Denied ( )
Comments:
CED/02-89
A ~ETING OF THE LA PORT'
City Council
(Type of Meeting)
June 10. 1996
(Meeting Date)
REv.E1'jf1o
odCf
PLANNING
HAS BEEN SCHEDULED FOR
. Zone Chanee Request #R96-OO3
(Type of Request)
I HA VE RECEIVED NOTICE OF THE ABOVE REFERENCED PUBLIC HEARING AND
I AM ~ IN FAVOR OF OR I AM IN oPPOSmON OF GRANTING
THIS REQUEST FOR THE FOLLOWING REASONS:
.J~~~~. ~~j:t!4dL
Ai ~f & M cl~ d ~~ ~/~~
..
~E~d~
SIGNATURE
~jl (L{; Of N ~ '4 ~, GI2f!) 0/-1-
NAME (pLEASE PRINT)
9Zb .Q<'-4 Jo I'l-<'-~ Z. ~
HOME ADDRESS
77:)7/
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Staff Report
Zone Change Request #R96-003
May 16, 1996
Requested for:
Lots 17-32; Block 64; Town of La Porte, which is further described as
being located at 201 N. 3rd Street, La Porte, Texas.
Requested by:
David and Bryan Moore
Requested Zone Change: From Low Density Residential (R-1) to General Commercial (GC)
Background:
The property in question currently has four (4) warehouses with concrete
drives/parking within a fenced area. The present structures are located on
Lots 17-23 and the southern five foot (5') of Lot 24, and are considered a
pre-existing, non-conforming use in an R-1 zone. The undeveloped portions
of this property are the northern twenty feet (20') of Lots 24 and 25-32, and
are owned by the same individuals.
In acting upon a zone change request, the Planning and Zoning Commission
and in turn, City Council, are charged to consider the following factors:
· Was the current zoning designation reasonable?
· Was any error made in the assignment of the current zoning?
· Is the requested designation compatible with the intent and
goals of the City's Comprehensive Plan?
It is the burden of the applicant to demonstrate whether any of these criteria
have been satisfied.
Purpose:
The applicant seeks to expand a pre-existing, non-conforming use by building five
(5) new Mini-warehouses on the northern twenty feet (20') of Lot 24 and Lots 25-
32. This action would require a zone change to General Commercial (GC). Mini-
warehouses (SIC #4225) are a "conditional" use in a GC zone.
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Analysis: This request would result in one-half of a block being rezoned to GC, while blocks
east, west, and north are zoned R-l and R-2. The proposed change would increase the number and
size of the current warehouses by 50 %, thus the zone change will impact traffic conditions in the
residential area.
Comprehensive Plan:
Section 1.7 Residential Development Plan of the Comprehensive Plan states that one of the
principal goals of the Comprehensive Plan is to enhance La Porte's attraction as a residential
community; moreover it states the need to plan La Porte's future residential development. The
housing development tendency today is increasingly moving towards the development of smaller
lots, smaller units, and higher densities. This tendency affects La Porte since the City enforces a
zoning ordinance. The zoning ordinance specifically defines what areas mayor may not be
developed, the type of development that should occur, and in the case of residential development, at
what densities housing should be developed.
Section 1,10 The City of La Porte, like other cities, has areas that are in a deteriorated condition or
in the process of deterioration. While in the case of La Porte these areas are limited, they have a
negative effect on both surrounding areas and on the City's overall image. It is the goal of the
Comprehensive Plan to have these areas upgraded in quality. In order to achieve this goal, two
options are available to the City of La Porte and its residents -- the first is to recognize the need for
redeveloping these areas, designating them as such and establishing specific capital programs and
investment incentives designed to improve the area's condition; the second is to reshape conditions
in and surrounding these areas through the concerted effort of improvements proposed by the
Master Plan for the City as a whole in order to create favorable conditions for their upgrading
through the traditional development process.
Zoning Ordinance Section 1-200 states: "The zoning regulations and district as herein established
have been made in accordance with a Comprehensive Plan for the purpose of promoting health,
safety, morals, and the general welfare of the City of La Porte." Section 1-300 states: "It is the
policy of the City. . . that enforcement, amendment and administration of this ordinance be
accomplished with due consideration of the recommendations contained in the ComprehensiveoPlan "
In light of the above statements, there are three factors that can provide grounds for granting a
rezoning request. They are as follows:
· The request conforms with the intent and recommendations of the Comprehensive Plan.
· The recommendations of the Comprehensive Plan, regarding the area in question were
made in error.
· Circumstances regarding the area in question, have (since the date of Plan adoption)
changed sufficiently to warrant amending the Comprehensive Plan.
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In order to justify a rezoning of property, it is necessary to demonstrate that at least one of the
above criteria has been satisfied. It should be noted that the burden of proof, in terms of justifying
the rezoning, is placed on the applicant.
The Comprehensive Plan, as it applies to this request, recommends a land use of "Low Density
Residential Land Use". This recommendation is borne out in the R-1 zoning that has been assigned
to the area.
The zoning and land use designations are intended to both conserve and promote neighborhoods of
single family homes on individual lots. A Warehouse does not conform to the recommendations
and regulations established for this area by the Comprehensive Plan and Zoning Ordinance. The
Northside Area is finite in size and an expanding non-conforming use would clearly subtract from
the limited R1 Zone on the City's Northside.
The recommendations of the Comprehensive Plan regarding this area have not been made in error.
As detailed in Exhibit "C", the recommendations of the Plan were made with consideration given
not only to the character and history of the North Side, but also that of the surrounding
developments. Residential Uses on the Northside should be encouraged and stimulated by the City.
One of the intents of the Comprehensive Plan is to effectively protect different areas in a manner
that benefits the City as a whole. The R-1 zoning, in conjunction with the Low Density Residential
land use designation is not only appropriate for the area in question, it also serves to conserve and
enhance property values in the neighborhood.
The City of La Porte has received two-hundred and fifty-thousand dollars for the purpose of
developing thirty new houses on the City's Northside. The development of a comprehensive
program to stimulate and revitalize the Northside and Main Street Area should begin within six
months. The overall intention of the program is to stabilize the neighborhood, while increasing the
both residential and commercial development.
There has been, since the time of Plan implementation, no change to the tract in question or the
surrounding area that warrants either a rewning or an amendment to the Comprehensive Plan. The
applicant has not justified this location, in an existing residential neighborhood, as opposed to a less
intrusive location in an otherwise undeveloped area. In fact, rather than changes that would warrant
a rezoning, development that will be stimulated over the next 12 months by a grant from the Harris
County Housing and Community Development Agency would build a minimum of 30 new homes
in the R1 section of the Northside. This action would affirm the intent and recommendations of the
Comprehensive Plan. Staff is currently working on a process of Infill development. Infill
development promotes housing affordability by using existing infrastructure and services rather
than requiring expensive extensions of roads, water/ sewer lines, and other facilities into newly
developed areas. Infill development also avoids the consumption of open space in outlying areas
and puts housing closer to job centers. Regulatory techniques that promote Infill include
administrative streamlining, density bonuses, and the elimination of overzoning for industrial
uses.
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Any successful strategy to promote viable low and moderate income neighborhoods must take
into consideration neighborhood character and history. The most successful strategies for
promoting in-fill development have involved related and integrated controls within older
residential communities.
Conclusion:
.
This request does not conform to the intent or
recommendations of the Comprehensive Plan
· The Comprehensive Plan did not err in its recommendations
regarding land use and zoning designations for the area in
question.
· There have been no changes within the area in question that
warrant an amendment of the Comprehensive Plan.
A change to a GC zone would be contrary to the goals and
intent of the Comprehensive Plan.
Unless the applicants are able to demonstrate that the requested GC zone is appropriate, the
Commission should not grant the zone change request. The Zone change would be in contrast to
the Comprehensive Plan and contrary to the redevelopment of the City's Northside.
Based on the above listed considerations, staff recommends denial of Zoning Request #R96-003.
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EAST ADAM S ST.
125' L[) L[) 125' J2
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EAST POLK ST.
BLOCK 64, TOWN of LA PORTE
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e e
REO.ST FOR CITY COUNCIL AGEND~TEM
Agenda Date Requested: June 10. 1996
Requested By: Guy Rankin r~
Report Resolution
Department:
X
Planning
Ordinance
Exhibits:
1.
2.
3.
4.
Ordinance
Bid Tabulation Form
Bidder's List
Area Map
SUMMARY & RECOMMENDA -rION
As part of the FY 95-96 Budget for Capital Improvement Projects, City Council
approved $210,000 for the Fourteenth Street Trunk Sewer Main. This trunk sewer
will intercept flow from an existing 12" sanitary sewer that is overloaded during wet
weather conditions and is affecting dependability of service. One existing lift station
will be eliminated and over 65 additional acres will have access to sanitary sewer with
the completion of the project. This sanitary sewer main follows the layout as
designated in the La Porte Comprehensive Plan for upgrading the sanitary sewer
collection system. Design/engineering has been completed on the project utilizing City
staff. On May 28, 1996, the City received competitive bids from nine qualified
underground utility contractors (see attached Bid Tabulation). The low bid was
submitted by Pas-Key Construction Services, Inc., of Pasadena, Texas in the amount
of $144,158.31.
Staff has reviewed the bids submitted and determined the low bid from Pas-Key
Construction Services, Inc. is well within budget and they are qualified to perform this
work. Staff recommends that the City Council authorize the City Manager to execute
a contract with Pas-Key Construction Services, Inc. in the amount of $144,158.31
for construction of the Fourteenth Street Trunk Sewer Main. In addition, it is
recommended that $14,416.69 be set aside as contingency for a total of
$158,575.00 for the project.
Action Required by Council:
Consider approving an ordinance authorizing the City Manager to execute a contract
with Pas-Key Construction Services, Inc. in the amount of $144,158.31 for
construction of the sanitary sewer line and further authorizing $14,416.69 be set
aside for contingency.
Availability of Funds:
General Fund
-2L Capital Improvement
Other
Water /Wastewater
General Revenue Sharing
Account Number: 003-724-710-100
Aooroved for City Council Agenda
Funds Available: X YES _NO
RO~e~
City Manager
big- l'It
DATE
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ORDINANCE NO. 9,6- 2108
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN ~HE CITY
OF LA PORTE AND PAS-KEY CONSTRUCTION SERVICES, INC., FOR
CONSTRUCTION OF THE FOURTEENTH STREET TRUNK SEWER MAIN;
APPROPRIATING $144,158.31 PLUS A CONTINGENCY OF $14,416.69, ,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 und~rtaking 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 $144,158.31 plus
a contingency of $14,416.69 from the Capital Improvement Account
No. 003-724-710-100 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 and1posting thereof.
t
e
-
ORDINANCE NO. 96- 2108
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 10th day of June, 1996.
By:
CITY OF LA PORTE
~
it ~~hfo4
Korman L. Ma one,
Mayor
ATTEST:
~~
Sue Lenes,
City Secretary
?JZw: od0
Knox W. ASkins,
City Attorney
10,.
14th Street Trunk Sewer Bid Tabulation i I I I
I I
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Item co: co: Z :; co: ::;; rZ
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30" Sewer Pipe $ 38.29 $ 39.60 $ 39.20 $ 37.96 $ 49.00 $ 48.88 i $ 47.00 $ 45.00 $ 49.00 $ 43.77
24" Sewer Pipe $ 28.15 $ 28.76 $ 26.51 $ 28.35 $ 3:')0 .$ 34.75 I $ 35.00 I $ 40.00 $ 38.00 $ 32.50
15" Sewer Piue $ 17.37 $ 17.31 $ 20.16 $ 16.80 I $ 24.00 S 20.85 I $ 27.00 $ 30.00 $ 30.00 $ 22.61
8" Sewer Pipe $ 11.91 $ 11.92 $ 11.35 $ 10.19 $ 20.00 $ 16.00 $ 21.00 $ 50.00 i $ 22.00 $ 19.37
Standa:d Manhole $ 1,432.88 $ 1,664.00 $ 2,160.00 $ 1,877.65 $ 1,675.00 $ 1,650.00 $ 1,660.00 $ 1,000.00 $ 2,500.00 $ 1,735.50
Extra Depth Manhol $ 21.12 $ 92.23 $ 1.00 $ 200.26 $ 65.00 $ 110.00 ! $ 70.00 I $ 125.00 $ 160.00 $ 93.85
Remov.' LS $ 1,097.83 $ 2,500.00 $ 3,750.00 $ 677.50 $ 910.00 $ 2,000.00 I $ 3,500.00 $ 15,000.00 $ 3,000.00 $ 3,603.93
Trench Safety $ 0.35 $ 0.50 $ 0.05 $ 1.36 $ 0.50 $ 1.20 I $ 1.50 $ 0.25 $ 0.50 $ 0.69
I
BASE BIDS: $ 144,158.31 $ 153,313.04 $ 153,740.24 $ 155,063.84 $ 180,468.00 $ 185,076.20 I $ 187,884.00 $ 194,936.00 $ 203,652.00 $ 173,143.51
I I
.ointing $ 18.51 $ 12.00 $ 20.00 $ 13.55 $ 15.00 $ 20.00 I $ 25.00 $ 15.00 $ 30.00 $ 18.78
ed Gravel $ 32.02 $ 20.00 $ 25.00 $ 41.69 $ 18.00 $ 20.00 I $ 30.00 $ 20.00 $ 20.00 $ 25.19
Cement-Stab. Sand $ 22.29 $ 17.50 $ 20.00 $ 52.21 $ 17.00 $ 30.00 I $ 25.00 $ 20.00 $ 20.00 1$ 24.89
Wet Sand Constructi $ 149.95 I $ 10.00 $ 15.00 $ 35.63 $ 50.00 $ 20.00 $ 60.00 I $ 50.00 $ 25.00 1$ 46.18
Page
Sheet1
e
e
CITY OF LA PORTE
14TH STREET SANITARY SEWER TRUNK MAIN EXTENSION
WEST "I" TO WEST "B"
CLP PROJECT NO. 95-7103
Advertisi~
The Bayshore Sun - May 5 & 12, 1996
Faxed Bid Notice to:
ChamberofConunerce
Follis Construction
111 N. Broadway
La Porte, TX 77571
P.M. Construction
7704 E. Erath
Houston, TX 77012
Kenneth Lamb Construction
8214 Northline Drive
Houston, TX 77037
Moore & Moore General Contractors
PO Box 1517
La Porte, TX 77572-1517
Kinsel Construction
401 E. Witcher
Houston, TX 77076
Jaho, Inc.
10538 Beaumont Highway
Houston, TX 77078
FORCE Corporation
PO Box 1079
La Porte, TX 77572-1079
H20 Services, Inc.
22557 Aldine Westfield, Ste. 102
Spring, TX 77373
Pate & Pate Enterprises, Inc.
1423 Brazos Drive
Huntsville, TX 77340
Furlow Services
PO Box 853
La Porte, TX 77572-0853
D.E.I. Construction
1300 S. Frazier, Ste. 216
Conroe, TX 77301
A-I Utility & Construction Services, Inc.
27418 Robinson Road
Conroe, TX 77385
Pas-Key Construction Services, Inc.
2129 Preston
Pasadena, TX 77502
Ray Smith Construction
1848 Airline
Houston, TX 77009
BRH Garver, Inc.
5402 Lawndale
Houston, TX 77023
RL Utilities
PO Box 1154
La Porte, TX 77572
Reddico Construction Co., Inc.
10083 FM 1484
Conroe, TX 77303
Brown & Root
PO Box 3
Houston, TX 77001
Hassell Construction
12211 Duncan
Houston, TX 77066
Plans and Specifications Delivered to the FollowiWl Plan Review Rooms:
Dodge Reports
3131 Eastside, Suite 300
Houston, TX 77098
Construction Directory Plan Room
5711 Hillcroft
Houston, TX 77036
Associated General Contractors
2404 Crawford
Houston, TX 77004
e
CITY OF LA PORTE
14th Street Trunk Sewer Main
CLP PROJECT NO. 95-7103
e
CONTRACfORS THAT PICKED UP PLANS AND SPECIFICATIONS
Wehba Backhoe
PO Box 12733
Houston, TX 77217
MEB Engineering, Inc.
8146 Braniff
Houston, TX 77061
Pas-Key Construction Services
2129 Preston
Pasadena, TX 77502
Furlow Services
PO Box 855
La Porte, TX 77572"'()855
DEI Construction Services, Inc.
1600 S. Frazier, Ste. 216
Conroe, Texas 77301
Follis Construction
111 N. Broadway
La Porte, Texas 77571
Mercer Construction Co.
909 N. Colorado
Edna, Texas 77957
T & R Utilities
2630 Fountainview
Houston, Texas
Jaho Inc.
10538 Beaumont Hwy.
Houston, Texas 77078
Pate & Pate Enterprises
1423 Brazos Drive
Huntsville, Texas 77340
Nieco
110 East Brantley, Suite 8
Trinity, Texas 75862
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............... PROPOSED TRUNK MAIN
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e e
REOAT FOR CITY COUNCIL AGENDAEM
Agenda Date Requested:
June 10. 1996
Requested By:
Guv Rankin rO~
Department:
Planning
Report
Resolution
x
Ordinance
Exhibits:
1. Ordinance
2. Area Map
3. Right-of-Way Deed
SUMMARY & RECOMMENDATION
The City has been petitioned by Bruce Angel, to close, vacate, and abandon the
sixteen foot (16') wide alley located in Block 1094, Town of La Porte (see attached
map). Staff has received no objection to the closure from franchised utility
companies. The Planning and Public Works Departments reviewed the request and
have determined that the City does not have any immediate or future plans to utilize
the alley.
When the application was received, the City recognized an opportunity to negotiate
with the applicant for acquisition of a forty foot (40') strip of land for the future
widening of South 16th Street.
Staff has calculated the fair market value of the alley (3,792 sq. ft.) to be closed per
terms set forth in the Code of Ordinances. In lieu of the $4,827.03 payment, the
applicant has previously deeded a forty foot strip on the west side of Block 1094
(13,080 sq. ft.) to the City of La Porte for the future widening of South 16th Street.
By approving this alley closing, the City commits, in principle, to exchange a portion
of 15th Street as further compensation for the aforementioned forty foot (40') strip.
This particular alley closing represents the first action of development between 14th
Street and 16th Street on the southern side of Fairmont Parkway. The plan is:
. City closes alley of Block 1094. (To allow convenience store to be
built. )
. Applicant deeds forty foot (40') of Block 1094 for future expansion of
16th Street in accordance with the Comprehensive Plan.
. City grants license for surface use of 40' deeded to City. (License
allows applicant to use the surface for driveways, lighting standards,
parking, landscaping, signage, and other approved appurtenances related
to the development of the remaining land. City will be relieved from the
need to mow and maintain the property.
Page 2 of 2
June 10, 1996 City Council
e
e
. City agrees to close 15th Street (60' right-of-way) after receiving
approval from utility companies and hold harmless/consent letters from
adjoining property owners.
. City agrees to accept the 40' deeded to the City as fair market
compensation for closing the 16' alley in Block 1094 and % of the (60'
wide) 15th Street right-of-way adjacent to Blocks 1094 and 1095. The
City will receive fair market value for the other % of the (60' wide) 15th
Street right-of-way.
In addition, a hold harmless letter from the applicant shall be delivered prior to the
6/10/96 Council Meeting.
Staff recommends approval of the closure as requested.
Action Required by Council:
Consider approval of an ordinance granting the closure of the alley in Block 1094,
Town of La Porte.
Availability of Funds: N/A
General Fund
Capital Improvement
Other
Water /Wastewater
General Revenue Sharing
Account Number:
Funds Available: _YES _NO
ADD roved for City Council Agenda
DATE
e
e
ORDINANCE NO. 96-2109
AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE
ALLEY IN BLOCK 1094, 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 1094, Town of
La Porte, Harris County, Texas, to vacate, abandon, and permanently
close that portion of the alley in Block 1094, Town of La Porte,
Harris County, Texas; and
WHEREAS, the ci ty Council of the ci ty of La Porte has
determined and does hereby find, determine and declare that the
hereinafter described portion of the alley in Block 1094, Town of
La Porte, Harris County, Texas, is not suitable, needed, or
beneficial to the public as a public road, street and alley, and
the closing of the hereinafter described portion of the alley in
Block 1094, 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
1094, 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 1094, Town of La Porte,
Harris County, Texas, is hereby permanently vacated, abandoned and
closed by the City of La Porte, to-wit:
e
e
-r
ORDINANCE NO. 96- 2109
PAGE 2
That portion of the alley located in Block One Thousand
Ninety-six (1094), Town of La Porte, Harris County,
Texas, being legally described as the south two hundred
thirty-seven feet (S.237') of the alley in Block One
Thousand Ninety-six (1094) Town of La Porte, Harris
County, Texas.
section 2.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the city Council was
posted at a place convenient to the public at the City Hall of the
ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, 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
lts passage and approval, and it is so ordered.
PASSED AND APPROVED, this 10th day of June, 1996.
C~3:Y OF ~~
By : I tz?~ -y;
,~ L. Ma 0 e, Mayor
ATTEST:
~
Sue Lenes,
~
city
ry
AP~: _ J
{ArA;<WG
Knox W. ASkins, City Attorney
e
e
GENERAL WARRANTY DEED
STATE OF TEXAS }
County of Harris.
IJRnl1fu J\ll ~en ~U 'ijU,ese lhesents:
THAT
BRUCE ANGEL, not joined herein by my wife because the hereinafter
described property does not constitute our homestead or any part thereof.
of Harris County, Texas ,hereinafter called Grantor (whether one or more),
for and in consideration of the sum of Ten and NollOO Dollars ($10.00) cash and other good and valuable
considerations to me in hand paid by
CITY OF LA PORI'E, a municipal corporation
ADDRESS OF GRANTEE: P.O. Box 1115, La Porte, Texas 77572-1115
of Harris County, Texas ,hereinafter called Grantee (whether one or more),
ren I,t of which is hereby acknowledged and confessed, have GRANTED, SOLD and CONVEYED, and by these
presents do GRANT, SELL and CONVEY unto the said Grantee, the following described properly, to-wit:
The West forty feet (w.40') of Lots Eight (8) through sixteen (16)
both inclusive, and the West forty feet (W.40') of the adjoining
South twelve feet (S.12') of Lot Seven (7), all in Block One Thousand
Ninety-four (1094), of TOWN OF LA PORTE, Harris County, Texas.
This is a Right-of-Way lJeed for the widening of South 16th Street.
Grantor reserves the right to construct driveways across said right-
of-way in accordance with City of La Porte ordinance, and, with the
consent of Grantee, to landscape that portion of such right-of-way
not used by Grantee or the public utilities serving Grantee, for
right-of-way purposes.
TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and
appurtenances thereto in any wise belonging unto the said Grantee, his heirs and assigns forever. And Grantor
does hereby bind himself, his heirs, executors and administrators, to warrant and forever defend, all and singular
the said premises unto the said Grantee, his heirs and assigns, against every per"," whomsoever claiming or to
c1:\im the same or any part thereof. Taxes for the current year have been prorated and are assumed by (;rantee.
This conveyance is made Stlbject to all and singular the restrictions, conditions, oil, gas, and other mineral reser-
vations, easements, and covenants, if any, applicable to and enforceable against the above described property as
renected by the records of the county clerk of the aforesaid county.
When this deed is executed by more than one person, or when the Grantee is more than one person, the
instillment shall read as though pertinent verbs and pronouns were changed to correspond, and when executed
by or to a corporation the words "heirs. executors, and administrators" or "heirs and assigns" shall be construed
to mean "successors and assigns."
Executed, this the 4- f-J.. day of
~~
,19~.
/?~-'C"LLC/
BRUCE ANGEL
r;7'~2~<:/G/
;:;:/
STATE OF TEXAS
COUNTY OF HARRIS
e
}
It
Bdore me, the undersigned authority, on this day personally appeared
BROCE ANGEL
known to me to be the person(s)
whose name(s)
is
subscribed to the foregoing instrument, and acknowledged to me that _ he _
executed the same for the purposes and consideration therein expressed.
Art..
:r:: day of
Given under my hand and seal of office this
~
-Sa.-t&-c:..IL.- U~
Notary Public in and for Harris County, Texas
,A.D. 19~.
STATE OF TEXAS
COUNTY OF HARRIS
}
-,0';';. ~\;. SANCHA WENSE
..:. * :.. Nolaly Pubic, Slata 01 Texas
. :~~~. '" My Commission E'plleS .0&-24.97
Before me, the undersigned authority, on this day personally appeared
known to me to be the person(s)
whose name(s)
subscribed to the foregoing instrument, and acknowledged to me that_ he_
executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office this
day of
,A.D, 19._.
Notary Public in and for Harris County, Texas
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TilE STATE OF TEXAS
COUNTY OF HARRIS
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Before me, the undersigned authority, on this day personally appeared
of
a corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and ac-
knowledged to me that he executed the same for the purposes and consideration therein cxpressell, in the
capacity therein stated, and as the act and deed of said corporation.
Giv\:n under my hand and seal of orne\: this the
day of
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Notary Public In and for lIarris County, Texas
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RE.ST FOR CITY COUNCIL AGENDIrEM
Agenda Date Requested: June 10. 1996
Requested By: GUY Rankin Ofll!'v
Department:
Planning
Report
Resolution
x
Ordinance
Exhibits:
1.
2.
Ordinance
Area Map
SUMMARY & RECOMMENDATION
The City has been petitioned by Bruce Angel, for a license to use the surface of the
west forty feet (40') of Block 1094, Town of La Porte, that has been previously
deeded by the applicant to the City of La Porte for the future widening of South 16th
Street (see attached map).
The Planning and Public Works Departments reviewed the request and have
determined that the City does not have any immediate plans to utilize the
aforementioned forty foot (40') strip. The City has plans to utilize the strip for future
widening of South 16th Street but has no objection to the uses proposed at this time.
The plan allows:
. City has been deeded 40' strip for the future expansion of 16th Street.
. Applicant will be granted surface use for driveways, lighting standards,
parking, landscaping, signage, and other approved appurtenances related
to the development of the remaining land. City will be relieved from the
need to mow and maintain the property.
Staff recommends approval of the license agreement as requested.
Action Required by Council:
Consider approval of an ordinance granting a license for the surface use of the west
forty feet (40') of Block 1094, Town of La Porte (Future South 16th Street).
Availability of Funds: N/A
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
C II
ADD roved for itv Council Agenda
(/{~ra
It Manager
Funds Available: _YES _NO
~f.6 DATE
It
--
. .
ORDINANCE NO. 96- 2110
AN ORDINANCE GRANTING A LICENSE TO BRUCE ANGEL FOR USE OF THE
SURFACE OF THE WEST FORTY FEET (W.40') OF BLOCK 1094, TOWN OF LA
PORTE, BARRIS COUNTY, TEXAS; RETAINING PUBLIC UTILITY EASEMENTS;
PROVIDING TERMS AND CONDITIONS OF SUCH LICENSE; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. subject to the terms and provisions hereof, and
under and by virtue of the power granted to the City of La Porte
under its Home Rule Charter and Chapter 13, Title 28, Article 1175
of the Revised civil statutes of Texas, 1925, the City of La Porte
hereby grants a license to Bruce Angel for the use of the surface
of the hereinafter described property in the City of La Porte, to-
wit:
The west forty feet (W.40') of Lots Eight (8) through
sixteen (16) both inclusive, and the west forty feet
(W.40') of the adjoining south twelve feet (S.12') of Lot
Seven, all in Block One Thousand Ninety-six (1094), Town
of La Porte, Harris County, Texas.
section 2. The term of this license shall be for so long as
Bruce Angel, his successors and assigns, operates a lawful business
on Block One Thousand Ninety-four (1094), Town of La Porte, Harris
County, Texas, or until the City of La Porte notifies Bruce Angel,
his successors and assigns, by six (6) months written notice, to
vacate said property, and to remove, at no cost to the City of La
Porte, any and all improvements placed on the property, all within
six (6) months of the date of the mailing of said notice by the
City of La Porte.
section 3. As consideration for this license agreement, Bruce
Angel, his successors and assigns, shall have exclusive right of
use of the surface of the property, for driveways, lighting
, .
It
It
ORDINANCE NO. 96- 2110
PAGE 2
standards, parking, landscaping, signage, and other approved
appurtenances related to the development of the remaining land in
Block One Thousand Ninety-four (1094), Town of La Porte, Harris
County, Texas, provided however, Bruce Angel, his successors and
assigns, shall obtain the prior written approval of the City of La
Porte as to any improvements to be constructed on said property,
and no permanent buildings will be allowed on said licensed
property. Permitted improvements or uses of the property shall be
constructed by and maintained by Bruce Angel, his successors and
assigns, in accordance with City of La Porte Zoning Ordinance No.
1501; City of La Porte Development Ordinance No. 1444; and all
other applicable ordinances, codes, and policies of the City of La
Porte.
section 4. Bruce Angel, licensee, joins in the execution of
this license agreement, to evidence his agreement and consent to
the terms and provisions hereof.
section S. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, 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 enacted
. .
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ORDINANCE NO. 96- 2110
PAGE 3
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
section 6. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 10th day of June, 1996.
c~ OF LA PORTE
){ ;Wd>i~~l1
Nbrnian L. Mal ne, ayor
By:
ATTEST:
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Sue Lenes, City Secretary
APOZv~
Knox W. ASkins, city Attorney
ACCEPTED AND AGREED:
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PROPOSED LICENSE
AGREEMENT 40' STRIP
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AUEST FOR CITY COUNCIL AGENDA.
Agenda Date Requested: June 1
Requested By: John Joerns
Report
Exhibits:
1. Ordinance No. 96-
2. Agreement between City and Robert McKinney, AlA, for Professional Services
Department:
Resolution
Administration
x Ordinance
SUMMARY & RECOMMENDATION
This years Capital Improvement Budget:
1. Included $10,000 for professional services related to planning of a future City Hall
expansion
2. Established fund 028 for the expansion of Bay Forest Golf Facility.
Alex Osmond, Jeff Litchfield and John Joerns reviewed qualification statements received from four
Architectural Firms and Interviewed two firms. We are recommending that Robert W. McKinney, AlA be
retained to provide the needed professional services.
A contract has been negotiated that meets our budget expectations and provides for the following
professional services;
Expansion of Bav Forest Golf Course
. Preliminary Design Phase
. Evaluate Needs and Options
. Construction Documents Phase
. Bidding Phase
. Construction and Ordinance
. Operational Phase
These professional services will be provided for a lump sum fee of $33,000 plus an estimated $2,000 for
reimbursables.
Professional Services Related to Plannlna of Future CItY Hall Expansion
. Planning Report of Pre-Construction Services providing space analysis and master
planning of existing and new space, roof analysis, M.E.P. engineering review, and general
statements of probable costs based on historical averages.
These professional services will be provided for a lump sum fee of $10,000.
Action Reauired bv Council
Staff recommends approval of Ordinance 96- appropriating $35,000 plus $2,500 contingency from 028-
800-813-100 and $10,000 from Account number 015-720-200-100 for Professional Services Agreement with
Robert McKinney, AlA and authorizing the City Manager to execute the Agreement.
Availability of Funds: N/A
General Fund
-2L Capital Improvement
Other
Water /Wastewater
General Revenue Sharing
Account Number:
Funds Available: x YES
NO
ADDroved for Citv Council Aaenda
RO#
City a ger
#
DATE
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ORDINANCE NO. 96-2111
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND ROBERT W. MCKINNEY, AlA, FOR PROFESSIONAL
SERVICES RELATED TO BUILDING EXPANSION AT BAY FOREST GOLF COURSE
AND FUTURE CITY HALL EXPANSION; APPROPRIATING $45,000.00 PLUS A
CONTINGENCY OF $2,500.00 TO FUND SAID AGREEMENT; 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 $35,000.00 plus a
contingency of $2,500.00 from the Capital Improvement Account No.
028-800-813-100 and $10,000.00 from the CIP Account No. 015-720-
200-100 to fund said Agreement.
Section 2.
The City Council officially finds, determines,
recites and declares that a sufficient written notice of the date,
hour, -place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
ci ty for the time required by law proceeding 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
e
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ORDINANCE NO. 96-2111
PAGE 2
upon.
The city council further ratifies, approves and confirms
such written notice nd 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 10th day of June, 1996.
CITY OF LA PORTE
BY: }&1~/4~~
/ orman L. a one,
Mayor
.-/
ATTEST:
~
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Sue Lenes,
City Secretary
LJ
APPROVED:
I
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Knox W. Askins,
city Attorney
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6/6/96
Item # 11 - The Agreement for Architectural Services, with
Robert W. McKinney, AlA, will be available on Friday, by
12:00 noon and will be placed in your mail box.
Thank you.
e
TABLE OF CONTENTS
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Page (s)
1
TABLE OF CONTENTS
IDENTIFICATION OF THE PARTIES/PROJECT DESCRIPTION
SECTION
1.1
1.2
1.3
1.4
1.5
1.6
1.7
2
1 BASIC SERVICES OF ARCHITECT
General
Preliminary Design Phase
This Section Intentionally Left Blank
Construction Documents Phase
Bidding or Negotiation Phase
Construction Phase
Operational Phase
1-1 through 1-8
2-1 through 2-3
SECTION 2 ADDITIONAL SERVICES OF ARCHITECT
2.1 Services Requiring Authorization
in Advance
2.2 Required Additional Services
3-1 through 3-3
4-1 through 4-2
5-1 through 5-3
SECTION 3 OWNER'S RESPONSIBILITIES
SECTION 4 PERIODS OF SERVICE
SECTION 5 PAYMENT TO ARCHITECT
SECTION 6 CONSTRUCTION COST AND OPINIONS
OF COST
6.1 Constructj~, Cost
6.2 Opinions ~f Cost
SECTION
7.1
7.2
7.3
7.4
7.5
7.6
6-1
7 GENERAL CONSIDERATIONS
Termination
Reuse of Documents
This section Intentionally Le:t Blank
Controlling Law
Successors and Assigns
Dispute Resolution
7-1 through 7-2
SECTION 8 SPECIAL PROVISIONS, EXHIBITS 8-1 through 8-2
AND SCHEDULES
Exhibit A FURTHER DESCRIPTION OF ARCHITECT BASIC A-1 through A-4
SERVICES AND RELATED MATTERS
Exhibit B DUTIES, RESPONSIBILITIES AND B-1 through B-5
LIMITATIONS OF AUTHORITY OF
THE RESIDENT PROJECT REPRESENTATIVE.
Exhibit C PROJECT ORGANIZATIONAL CHART AND C-1
COMMUNICATION
1
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AGREEMENT
BETWEEN
OWNER AND ARCHITECT
FOR
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT made as of June
la, 1996 between the City
of La Porte, Texas (OWNER) and Robert W. McKinnev, AlA
(ARCHITECT). OWNER intends to:
(1) Review options and construct
an expansion and renovation of existinq club house at Bay Forest
Golf Course as follows:
new tournament pavilion, locker rooms,
stor~q~, modifY kitchen. pro shop modifications. (2) Prepare for
future expansion and renovation of city Hall as follows: Planninq
report of preconstruction services providinq space analysis and
master planninq of existinq and new space, roof analysis, M.E.P.
enqineering review, and qeneral statements of probable costs based
on historical averaqes.
(hereinafter called the PROJECT) .
The OWNER and ARCHITECT agree as set forth below.
2
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SECTION 1 - BASIC SERVICES OF ARCHITECT
1.1 General
1.1.1 ARCHITECT shall provide for OWNER professional
architectural services in all phases of the Project to which this
Agreement applies as hereinafter provided. These services will
include serving as OWNER's professional representative for the
Project, providing professional consultation and advice and
furnishing customary civil, structural, mechanical, and electrical
engineering services incidental thereto.
1.1.2 The ARCHITECT's services shall be performed as
expeditiously as is consistent with professional skill and care and
the orderly progress of the work. The ARCHITECT shall submit for
the OWNER's approval a schedule for the performance of the
ARCHITECT's services, which shall include allowances for periods of
time required for the OWNER's review and for approval of
submissions by authorities having jurisdiction over the Project.
Time limits established by this schedule approved by the OWNER
shall not, except for reasonable cause, be exceeded by the
ARCHITECT or OWNER.
1. 1.3 The ARCHITECT's services consist of those services
performed by the ARCHITECT, ARCHITECT's employees and ARCHITECT's
consultants employed as hereinafter provided.
1.2
Preliminary Phase
After written authorization to proceed, ARCHITECT shall:
1.2.1 Consult with OWNER to clarify and define OWNER's
requirements for the Project and review available data and shall
arri ve at a mutual understanding of such requirements with the
OWNER.
1.2.2
obtaining
Paragraph
services.
Advise OWNER as to the necessity of OWNER's providing or
from others data or services of the types described in
3.3 and 3.4, and assist OWNER in obtaining such data and
1.2.3 Identify and analyze requirements of governmental
authorities having jurisdiction to approve the design of the
project and participate in consultations with such authorities.
1.2.4 The ARCHITECT shall provide a preliminary evaluation of
the OWNER's program, schedule and construction budget requirements,
each in terms of the other, subject to the limitations set forth.
1.2.5 The ARCHITECT shall review with the OWNER al terna ti ve
approaches to design and construction of the Project and provide a
general analysis of various alternatives in writing.
1-1
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1.2.6 Based on the mutually agreed-upon program, schedule and
construction budget requirements, the ARCHITECT shall prepare, for
approval by the OWNER, Preliminary Design Documents of drawings,
sketches, conceptual/design criteria, outline specifications,
wri tten descriptions and other documents illustrating the scale and
relationship of PROJECT components. The Preliminary Design
Documents will include the ARCHITECT's opinion of probable costs
for the Project, including the following which will be separately
itemized:
Construction cost(s) :
construction costs for proposed
buildings, structures, remolding,
mechanical equipment and any other
features that support the PROJECT.
allowances for laboratory testing,
and special inspections,
appropriate contingencies,
allowance for architectural/engineering costs;
estimated expenses for daily project
representation during construction,
appropriate contingencies,
and (if furnished by OWNER) allowances for such other items as
charges of other professionals and consultants, for the cost of
land and rights-of-way, for compensation for or damages to
properties, for interest and financing charges and for other
services to be provided by others for OWNER pursuant to paragraphs
3. 7 througr 3.11 , inclusive. The total of all such costs,
allowances, etc. are hereinafter called "Total Project Costs".
1.2.7 Furnish five copies of the Preliminary Design documents
and review them in person with OWNER.
The duties and responsibilities of ARCHITECT during the
Preliminary Design Phase are supplemented as indicated in paragraph
2 of Exhibit A "Further Descriptions of Basic Services and Related
Matters".
1.3
THIS SECTION INTENTIONALLY LEFT BLANK.
1.4
Construction Documents Phase
After written authorization to proceed w....th the Final
Construction Documents Phase, ARCHITECT shall:
1-2
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1.4.1 Based on the approved preliminary Design Documents and
any further adjustments in the scope or quality of the PROJECT, in
the construction budget or in the total PROJECT budget authorized
in writing by the OWNER, the ARCHITECT shall prepare, for approval
by the OWNER, Construction Documents consisting of Drawings
(hereinafter called Drawings) and Specifications setting forth in
detail the requirements for the construction of the PROJECT by
Contractor (s). The specifications shall be prepared in conformance
with the sixteen division format of the Construction Specifications
Institute.
1.4.2 See that the Construction Documents include applicable
requirements/approvals of governmental authorities having
jurisdiction to approve the design of the project. Provide
technical criteria, written descriptions and design data for
OWNER's use in filing applications for permits with or obtaining
approvals of such governmental authorities as have jurisdiction to
approve the design of the Project, and assist OWNER in completing
permit application and in consultation with appropriate
authorities.
1.4.3 Advise OWNER of any adjustments to the latest op1n1on of
probable Total Project Costs (as defined in paragraph 1.2.6) caused
by changes in general scope, extent or character or design
requirements of the proj ect or Construction Costs. Furnish to
OWNER a revised opinion of probable Total Project Costs based on
the Drawings and Specifications.
1.4.4 Prepare for review and approval by OWNER, its legal
counsel and other advisors contract agreement forms, general
conditions and supplementary conditions, and bid forms, invitations
to bid and instructions to bidders and other related documents.
Thp ARCHITECT will initially submit to OWNER the
Contractor Agreement (in the form of AlA document A101) and the
General Conditions of the Contract (in the form of AlA document
A201) for OWNER'S review, comment, modification, and approval.
1.4.5 Furnish five copies of the above documents and of the
Drawings and specifications and present and review them in person
with OWNER.
The duties and responsibilities of ARCHITECT during the
Final Design Phase are supplemented as indicated in paragraph 4 of
Exhibit A "Further Description of Basic services and Related
Matters".
1.5 Bidding or Negotiation Phase
After written authorization to proceed with the Bidding
or negotiation Phase, ARCHITECT shall:
1-3
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1.5.1 Following the OWNER's approval of the Construction
Documents and of the latest preliminary estimate of Construction
Cost the ARCHITECT shall assist OWNER in advertising for and
obtaining bids or negotiating proposals for the prime contract for
construction, materials, equipment and services; and, where
applicable, maintain a record of prospective bidders to whom
Bidding Documents have been issued, attend pre-bid conferences and
receive and process deposits for Bidding Documents.
1.5.2 Issue addenda as appropriate to interpret, clarify or
expand the Bidding Documents.
1.5.3 Consult with and advise OWNER as to the acceptability of
subcontractors, suppliers and other persons and organizations
proposed by the prime contractor (herein called "Contractor") for
those portions of the work as to which such acceptability is
required by the Bidding Documents.
1.5.4 Consult with OWNER concerning and determine the
acceptability of substitute materials and equipment proposed by
Contractor when substitution prior to the award of contracts is
allowed by the Bidding Documents.
1.5.5 Attend the bid opening, prepare bid tabulation sheets and
assist OWNER in evaluating bins or proposals and in assembling and
awarding the contract(s) for construction, materials, equipment and
services.
The duties and responsibilities of ARCHITECT during the
Bidding or Negotiation Phase are amended and supplemented as
indicated in paragraph 5 of Exhibit A "Further Description of Basic
Services and Related Matters".
1.6 Construction Phase
After written authorization to proceed with the
Construction Phase; ARCHITECT shall:
1.6.1
General Administration of Construction Contract
ARCHITECT shall consult with and advise OWNER and act as
OWNER's representative as provided in the Standard General
Conditions of the Construction Contract (as approved bv OWNER per
paraqraph 1.4.4).
The extent and limitations of the duties, responsibilities and
authority of ARCHITECT as assigned in said Standard General
Conditions shall not be modified, except to the extent provided in
paragraph 6 of Exhibit A "Further Description of Basic Services and
Related Matters" and except as the ARCHITECT may otherwise agree in
writing. All of OWNER I S instructions to Contractor (s) will be
issued through ARCHITECT who will have authority to act on behalf
1-4
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of OWNER to the extent provided in said standard General Conditions
except as otherwise provided in writing.
1.6.2
Visits to site and Observation of Construction.
In connection with observation of the work of
Contractor(s) while it is in progress:
1. 6.2.1 ARCHITECT shall make visits to the site at intervals
appropriate to the various stages of construction as ARCHITECT
deems necessary in order to observe as an experienced and qualified
design professional the progress and quality of the various aspects
of contractor(s)' work. In addition, the ARCHITECT and/or OWNER
may provide the services of a Resident Project Representative (and
assistants as agreed) at the site to assist ARCHITECT and to
provide more continuous observation of such work. Based on
information obtained during such visits and on such observations,
ARCHITECT shall endeavor to determine in general if such work is
proceeding in accordance with the Contract Documents and ARCHITECT
shall keep OWNER informed of the progress of the work.
1.6.2.2 The Resident Project Representative (and assistants) may
be ARCHITECT's agent or employee and under ARCHITECT's supervision
or may be the OWNER's agent or employee and under OWNERS
supervision. The duties and responsibilities of the Resident
Project Representative (and assistants) are set forth in Exhibit B
"Duties, Responsibilities and Limitation of Authority of Resident
project Representative". Any exceptions or modifications to these
responsibilities and limitations will be mutually agreed upon by
both parties in writing.
1.6.2.3 The purpose of ARCHITECT's visits to and representation
by the Resident Project Representative (and assistant, if any) at
the site will be to enable ARCHITECT to better carry out the duties
and responsibilities assigned to and undertaken by ARCHITECT during
the Construction Phase, and, in addition, by exercise of
ARCHITECT's efforts as an experienced and qualified design
professional, to provide for OWNER a greater degree of confidence
that the completed work of contractor(s) will conform generally to
the Contract Documents and that the integrity of the design concept
as raflected in the Contract Documents has been implemented and
preserved by Contractor(s). On the other hand, ARCHITECT shall
not, during such visits or as a result of such observations of
Contractor(s)' work in progress, supervise, direct or have centrol
over Contractor(s) , work nor shall ARCHITECT have authority over or
responsibility for the means, methods, techniques, sequences or
procedures of construction selected by Contractor(s), for safety
precautions and programs incident to the work of Contractor (s), for
safety precautions and programs incident to the work of
Contractor(s) or for any failure of Contractor(s) to comply with
laws, rules, regulations, ordinances, codes or orders applicable to
Contractor(s) furnishing and performing their work.
1-5
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1.6.4
Interpretations and Clarifications
ARCHITECT shall issue necessary interpretations and
clarifications of the Contract Documents and in connection
therewith prepare work directive changes; and after consultation
with owner, prepare change orders as required for owners review and
approval.
1.6.5
Shop Drawings
ARCHITECT shall review and approve (or take other
appropriate action in respect of) Shop Drawings (as that term is
defined in the General Conditions). oroduct data, sample(s) and
other data which Contractor(s) are required to submit, but only for
conformance with the design concept of the Project and compliance
with the information given in the Contract Documents. Such reviews
and approvals or other action shall not extend to means, methods,
techniques, sequences or procedures of construction or to safety
precautions and programs incident thereto.
1.6.6
Substitutes
ARCHITECT shall evaluate and determine the acceptability
of substitute materials and equipment proposed by Contractor(s),
but subj ect to the provision of paragraph 2.2.2. (Required
Additional Services)
1.6.7
Inspections and Tests
ARCHITECT shall advise OWNER and OWNER shall approve of
any special inspection or testing of the work, and ARCHITECT shall
receive and review all certificates of inspections, testings and
approvals required by laws, rules, regulations, ordinances, codes,
orders or the Contract Documents (but only to determine generally
that their content complies with the requirements of, and the
results certified indicate compliance with the Contract Documents.)
1.6.8
Disputes between OWNER and Contractor
ARCHITECT shall act as initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the work thereunder and make decisions on all
claims of OWNER and Contractor(s) relating to the acceptability of
the work or the interpretation of the requirements of the Contract
Documents pertaining to the execution and progress of the work.
ARCHITECT shall not be liable for the results of any such
interpretations or decisions rendered in good faith.
1-6
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1.6.9
Applications for Payment
Based on ARCHITECT's on-site observations as an
experienced and qualified design professional, on information
provided by the Resident Project Representative and on review of
applications for payment and the accompanying data and schedules:
1.6.9. 1 ARCHITECT shall determine the amounts owing to
Contractor (s) and recommend in writing payments to Contractor (s) in
such amounts. Such recommendations of payment will constitute a
~epresentation to OWNER, based on such observations and review,
that the work has progressed to the point indicated, and that, to
the best of ARCHITECT's knowledge, information and belief, the
quality of such work is generally in accordance with the Contract
Documents (subject to an evaluation of such work as a functioni~g
whole prior to or upon Substantial Completion, to the results of
any subsequent tests called for in the Contract Documents and to
any other qualifications stated in the recommendation). In the
case of unit price work, ARCHITECT's recommendations of payment
will include final determinations of quantities and classifications
of such work (subject to any subsequent adjustments allowed by the
Contract Documents).
1.6.9.2 By recommending any payment ARCHITECT will not thereby be
deemed to have represented that exhaustive, continuous or detailed
reviews or examinations have been made by ARCHITECT to check the
quality or quantity of Contractor(s)' work as it is furnished and
performed beyond the responsibilities specifically assigned to
ARCHITECT in this Agreement and the Contract Documents.
ARCHITECT's review of Contractor (s)' work for the purposes of
recommending payments will not impose on ARCHITECT responsibility
to supervise, direct or control such work or for the means, method
techniques, sequences, or procedures of construction or safety
precautions or programs incident thereto or contractor(s)
compliance with laws, rules, regulations, ordinances, codes or
orders applicable to their furnishing and performing the work. It
will also not impose responsibility on ARCHITECT to make any
examination to ascertain how or for what purposed any contractor
has used the moneys paid on account of the Contract Price, or to
determine that title to any of the work, materials or equipment has
passed to OWNER free and clear of any I_en, claims , security
interests or encumbrances, or that there may not be other matters
at issue between OWNER and CONTRACTOR that might affect the amount
that should be paid.
1. 6.10
contractor(s)' Completion Documents
ARCHITECT shall receive and review maintenance and
operating instructions, schedules, guarantees, bonds and
certificates of inspection, tests and approvals which ara to be
assembled by Contractor(s) in accordance with the Contract
Documents (but such review will only be to determine that their
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content complies with the requirements of, and in the case of
certificates of inspection, test and approvals the results
certified indicate compliance with, the Contract Documents); and
shall bind, index and transmit them to OWNER together with written
comments.
1. 6.11
Construction Reviews
ARCHITECT shall conduct a general review to determine if
the work is sUbstantially complete and a final review to determine
if the completed work is acceptable so that ARCHITECT may
recommend, in writing, final payment to Contractor(s) and may give
written notice to OWNER and the Contractor(s) that the work is
acceptable (subject to any conditions therein expressed), but any
such recommendation and notice will be subject to the limitations
expressed in paragraph 1.6.9.2.
1. 6. 12
Limitation of Responsibilities
ARCHITECT shall not be responsible for the acts or
omissions of any Contractor, or of any subcontractor or supplier,
or any of the Contractor(s) or subcontractor's or supplier's agents
or employees or any other persons (except ARCHITECT's own employees
and agents) at the site or otherwise furnishing or performing any
of the Contractor(s)' work; however, nothing contained in
paragraphs 1.6.1 through 1.6.11 inclusive, shall be construed to
release ARCHITECT from liability for failure to properly perform
duties and responsibilities assumed by ARCHITECT in the Contract
Documents.
1.7 Operational Phase
During the Operational Phase, ARCHITECT shall:
1.7.1 Furnish the deliverable items referred to in
Section 1.6.10 and in the Operational Phase and present and review
them in person with OWNER.
1.7.2 Define in Contract Documents the Contractor(s) (and or
Vendor(s)) responsibility in connection with the start up,
refining, and adjustment of any equipment or system.
1.7.3 Define in Contract Documents the Contractor(s) (and or
Vendor(s)) responsibility for training owners staff to operate and
mc: i.ntain any equipment or system and for reviewing pertinent
manuals, submittals, shop drawings, and warranties supplied by the
Contractor(s), Vendor(s), or Manufacturer(s) as the case may be.
1.7.4 Coordinate, attend and participate in the start up and
training orientations as described in paragraphs 1.7.2 and 1.7.3.
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1.7.5
Record Drawings.
ARCHITECT shall furnish the OWNER a set of marked up
prints, drawings and other data kept by the Contractor(s), and
Project Representative (if employed by the ARCHITECT) in a form and
manner that clearly depicts significant changes made during the
construction process.
1.7.6 At a time eleven (11) months following Substantial
Completion of the project (one month prior to expiration of ~he
Contractor's warranty period), the ARCHITECT, in the company of the
OWNER, will visit the project to observe any apparent deficiencies
in the completed construction, and document any items observed in
a written report issued to the CONTRACTOR and OWNER.
SECTION 2 - ADDITIONAL SERVICES OF ARCHITECT
2.1 Services Requiring Authorization in Advance
If authorized in writing by OWNER, ARCHI":'ECT shall
furnish or obtain from others Additional Services of the types
listed in paragraphs 2 . 1. 1 through 2. 1.14 , inclusive. These
services are not included as part of Basic Services except to the
extent provided otherwise in Exhibit A "Further Description of
Basic Services and Related Matters"; these will be paid for by
OWNER as indicated in Section 5.
2.1.1 Preparation of applications and supporting documents (in
addition to those furnished under Basic Services) for private or
governmental grants, loans or advances in connection with the
Project; preparation or review of environmental assessments and
impact statements; review and evaluation of the effect on the
design requirements of the Project of any such statements and
documents prepared by others; and assistance in obtaining approvals
of authorities having jurisdiction over the anticipated
environmental impact of the project.
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2.1.2 Services to make measured drawings of or to investigate
existing conditions or facilities, or to verify the accuracy of
drawings or other information furnished by OWNER.
2.1.3 Services resulting from significant changes in the
general scope, extent or character of the Project or its design
including, but not limited to, changes in size, complexity, OWNER's
schedule, character of construction or method of financing; and
revising previously accepted studies, reports, design documents or
Contract Documents when such revisions are required by changes in
laws, rules, regulations, ordinances, codes or orders enacted
subsequent to the preparation of such studies, reports or
documents, or are due to any other causes beyond ARCHITECT's sole
control.
2.1.4
Providing renderings or models for OWNER's use.
2.1.5 Preparing documents for alternate bids requested by OWNER
for Contractor(s) , work which is not executed or documents for out-
of-sequence work.
2.1. 6 Investigations and studies involving, but not limited to,
detailed consideration of operations, maintenance and overhead
expenses; providing value engineering during the course of desig'1;
the preparation of feasibility studies, cash flow and economic
evaluations, rate schedules and appraisals; assistance in obtaining
financing for the Project; evaluation processes available for
licensing and assisting OWNER in obtaining process licensing;
detailed quantity surveys of material, equipment and labor; and
audits or inventories required in connection with construction
performed by OWNER.
2.1.7 Furnishing services of independent professional
associates and consultants for other than Basic Services (which
include, but are not limi ted to, customary ci viI, structural,
mechanical and electrical engineering and customary architectural
design incidental thereto); and providing data or services of the
types described in paragraph 3.4 when OWNER employs ARCHITECT to
provide such data or services in lieu of furnishing the same in
accordance with paragraph 3.4.
2.1.8 If ARCHITECT's compensation is on the basis of a lump sum
or percentage of Construction Cost or cost-plus a fixed fee method
of payment, services resulting from the award of more separate
prime contracts for construction, materials, equipment or services
for the Project shall be compensated in accordance with paragraph
5.1.2.
2.1.9 Services during out-of-town travel required of ARCHITECT
other than visits to the site or OWNER's office as required by
section 1.
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2.1.10 Assistance in connection with bid protests, rebidding or
renegotiating contracts for construction, materials, equipment or
services, except when such assistance is required to complete
services called for in paragraph 6.2.2.5.
2.1.11 Providing any type of property surveys or related
professional services needed f0r the transfer of interests in real
prcperty and field surveys for design purposed and any necessary
surveys and staking to enable Contractor(s) to proceed with their
work; and providing other special field surveys.
2.1.12 Preparation of operating, maintenance and staffing
manuals to supplement Basic Services under paragraph 1.7.3.
Pre9aration of a set of reproducible record prints of
drawinqs showinq those siqnificant chanqes made durinq the
construction process. based on the marked UP prints. drawinqs and
other data furnished bv Contractorfs) and Resident Pro;ect
Representative to ARCHITECT. Prior to preparation of record
drawinqs the ARCHITECT and OWNER will mutuallY aqree on which
chanqes are considered siqnificant.
2.1.13 Preparing to serve or serving as a consultant or witness
for OWNER in any litigation, arbitration or other legal or
administrative proceeding involving the Project (except for
assistance in consultations which is included as part of Basic
Services under paragraphs 1.2.3 and 1.4.2).
2.1. 14 Additional services required in connection with the
Project, including services required which were not furnished by
OWNER in accordance with section 3, and services not otherwise
provided for in this Agreement.
2.2
Required Additional Services
When required by the Contract Documents in circumstances
beyond ARCHITECT's control, ARCHITECT shall furnish or obtain from
others, as circumstances require during construction Additional
Services of the types listed in paragraphs 2.2.1 through 2.2.6,
inclusive (except to the extent otherwise provided in Exhibit A
"Further Description of Basic Services and Related Matters").
These services are not included as part of Basic Services.
ARCHITECT shall advise OWNER promptly of need for required
additional services. OWNER shall provide authorization to
ARCHITECT for such Additional Services which will be paid for by
OWNER as indicated in Section 5.
2.2.1 Services in connection with work directive changes and
change orders to reflect changes requested by OWNER if the
resulting change in compensation for Basic Services is not
commensurate with the addition services rendered.
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2.2.2 Services in making revisions to Drawings and
Specifications occasioned by the OWNER's acceptance of
substitutions proposed by contractor(s); and services after the
award of each contract in evaluation and determining the
acceptability of an unreasonable or excessive number of
substitutions proposed by Contractor.
2.2.3 Services resulting from significant delays, changes or
price increases occurring as a direct or indirect result of
material, equipment or energy shortages.
2.2.4 Additional or extended services during construction made
necessary by (1) work damaged by fire or other cause during
construction, (2) a significant amount of defective or neglected
work of any Contractor, (3) acceleration of the progress schedule
involving services beyond normal working hours, and (4) default by
any Contractor.
2.2.5 Services (other than Basic Services during the Operation
Phase) in connection with any partial utilization of any part of
the Project by OWNER prior to Substantial Completion.
2.2.6 Evaluating an unreasonable or extensive number of claims
submitted by Contractor(s) or others in connection with the work.
fECTION 3 - OWNER'S RESPONSIBILITIES
OWNER shall do the following in a timely a manner so as
not to delay the services of ARCHITECT:
3.1 Designate in writing a person to act as OWNER's
representative with respect to the services to be rendered under
this Agreement. Such person shall have complete authority to
transmit instructions, receive information, interpret and define
OWNER's policies and decisions with respect of ARCHITECT's services
for the Project.
3.2 Provide all criteria and full information as to OWNER's
requirements for the Project, including design objectives and
constraints, space, capacity and performance requirements,
flexibility and expendability, and any budgetary limitations; and
furnish copies of all design and construction standards which OWNER
will require to be included in the Drawings and Specifications.
3.3 Assist }u\CHITECT by placing at ARCHITECT's disposal all
available information pertinent to the Project including previous
reports and any other data relative to design or construction of
the Project.
3.4 Furnish to ARCHITECT, as required for performance of
ARCHITECT's Basic Services (except to the extent provided otherwise
in Exhibit A "Further Description of Basic Services and Related
Matters"), the following:
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3 .4. 1 Data prepared by or services of others, including without
limitation borings, probings and subsurface explorations,
hydrographic surveys, laboratory tests and inspections of 3amples,
materials and equipment;
3.4.2 appropriate professional interpretations of all of the
foregoing;
3.4.3
environmental assessment and impact statements;
3.4.4 property; boundary, easement, and right-of-way,
topographic, and utility surveys and related office computations
and drafting;
3.4.5
property descriptions;
3.4.6
zoning, deed and other land use restriction; and
3.4.7 other special data or consultation not covered in section 2;
all of which ARCHITECT may use and rely upon in performing services
under this Agreement.
3.5 Provide engineering surveys to establish reference points
for construction (except to the extent provided otherwise in
Exhibit A "Further Description of Basic Services and Related
Matters") to enable Contractor(s) to proceed with the layout of the
work.
3.6 Arrange for access to and make all provisions for
ARCHITECT to enter upon public and private property as required for
ARCHITECT to perform services under this Agreement.
3.7 Examine all studies, reports, sketches, Drawings,
Specifications, proposals and other documents presented by
ARCHITECT, obtain advice of an attorney, insurance counselor and
other consultants as OWNER deems appropriate for such examination
and render in writing decisions pertaining thereto within a
reasonable time so as not to delay the services of ARCHITECT.
3.8 Furnish approvals and permits from all governmental
authorities having jurisdiction over the project and such approvals
and consents from others as may be necessary for completion of the
Project. ARCHITECT will assist the OWNER in the preparation of
said permits.
3.9 Provide such accounting, independent cost estimating and
insurance counseling se~vices as may be required for the Project,
such legal services as OWNER may require or ARCHITECT may
reasonably request with regard to legal issues pertaining to the
Project including any that may be raised by Contractor(s), such
auditing service as OWNER may require to ascertain how or for what
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purpose any Contractor has used the moneys paid under the
construction contract, and such inspection services as OWNER may
require to ascertain that Contractor(s) are complying with any law,
rule, regulation, ordinance, code or order applicable to their
furnishings and performing the work.
3.10 If OWNER designates a person to represent OWNER as the
site who is not ARCHITECT or ARCHITECT's agent or employee, the
duties, responsibilities and limitations of authority of such other
person and the effect thereof on the duties and responsibilities of
ARCHITECT and the Resident Project Representative (and any
assistants) will be set forth in an exhibit that is to be
identified, attached to and made a part of this Agreement before
such services begin.
3.11 If more than one prime contract is to be awarded for
construction, materials, equipment and services for the entire
Project, designate a person or organization to have authority and
responsibility for coordinating the activities among the various
prime contractors.
3.12 Furnish to ARCHITECT data or estimated figures as to
OWNER's anticipated costs for services to be provided by others for
OWNER (such as services pursuant to paragraphs 3.7 through 3.11,
inclusive and other costs of the types referred to in paragraph
1.2.6) so that ARCHITECT may make the necessary findings to support
opinions of probable Total Project Costs.
3.13 Attend the pre-bid conference, bid
preconstruction conferences, construction progress and
related meetings and substantial completion inspections
payment inspections.
opening,
other job
and final
3.14 Give prompt written notice to ARCHITECT whenever OWNER
observes or otherwise becomes aware of any development that affects
the scope or timing of ARCHITECT's services, or any defect or
nonconformance in the work of any Contractor.
3 . 15 Furnish, or direct ARCHITECT to provide, Addi tional
Services as stipulated in paragraph 2.1 of this Agreement or other
services as required.
3.16 During the Operational Phase, the OWNER will document all
warranty items brought to the Contractor's attention in writing to
the ARCHITECT.
3 . 17 Bear all costs incident to compliance wi th the
requirements of this Section 3.
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SECTION 4 - PERIODS OF SERVICE
4.1 The provisions of this section 4 and the various rates of
compensation for ARCHITECT's services provided for elsewhere in
this Agreement have been agreed to in anticipation of the orderly
and continuous progress of the Project through completion of the
Constr.lction Phase. ARCHITECT's obligation to render services
hereunder will extend for a period which may reasonably be required
for the design, award of contracts, construction and initial
operation of the Project including extra work and required
extensions thereto. If in Exhibit A "Further Description of Basic
Services and Related Matters" specific periods of time for
rendering services are set forth or specific dates by which
services are to be completed are provided and if such dates are
exceeded through no fault of ARCHITECT, all rates, measures and
amounts of compensation provided herein shall be subject to
equitable adjustment.
4.2 The services called for in the Schematic Design Phase
will be completed and the Schematic Design submitted within the
stipulated period indicated in paragraph 2 of Exhibit A "Further
Description of Basic Services and Related Matters" after written
authorization to proceed with that phase of services which will be
given by OWNER within thirty days after ARCHITECT has signed this
Agreement.
4.3 After acceptance by OWNER of the Schematic Design Phase
documents indicating any specific modifications or changes in the
general scope, extent or character of the Project desired by OWNER,
and upon written authorization from OWNER, ARCHITECT shall proceed
with the performance of the services called for in the Design
Development Phase, and shall submit preliminary design documents
and a revised opinion of probable Total Project Costs within the
stipulated period indicated in paragraph 3 of Exhibit A "Further
Description of Basic Services and Related Matters".
4.4 After acceptance by OWNER of the Design Development Phase
documents, indicating any specific modifications or changes in the
general scope, extent or character of the Project desired by OWNER,
and upon written authorization from OWNER, ARCHITECT shall proceed
with the performance of the services called for in the Construction
Documents Phase; and shall deliver Contract Documents and a revised
opinion of probable Total Project Costs for all work of
Contractor(s) on the Project within the stipulated period indicated
in paragraph 4 of Exhibit A "Further Description of Basic Services
and Related Matters".
4.5 ARCHITECT's services under the Schematic Design Phase,
Design Development and Construction Documents shall each be
considered complete at .the earlier of (1) the date when the
submissions for that phase have been accepted by OWNER or (2)
thirty days after the date when such submissions are delivered to
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OWNER for final acceptance, plus in each case such additional time
as may be required for obtaining approval of governmental
authori ties having jurisdiction to approve the design of the
Project.
4.6 After acceptance by OWNER of the ARCHITECT's Drawings,
Specifications and Construction Documents Phase documentation
including the most recent opinion of probable Total Project Cost
and upon written authorization to proceed, ARCHITECT shall proceed
with performance of the services called for in the Bidding or
Negotiating Phase. This Phase shall terminate and the services to
be rendered thereunder shall be considered complete upon
commencement of the Construction Phase or upon cessation of
negotiations with prospective Contractor(s) except as may otherwise
be required to complete their services called for in paragraph
6.2.2.5) .
4.7 The Construction Phase will commence with the execution
of the prime contract to be executed for the work of the Project or
any part thereof, and will terminate upon written recommendation by
ARCHITECT of final payment on the prime contract to be completed.
Construction Phase services may be rendered at different times in
respect of separate prime contracts if the Project involves more
than one prime contract.
4.8 The Operational Phase will commence during the
Construction Phase and will terminate one year after the date of
Substantial Completion of the prime contract for construction,
materials and equipment on which substantial completion is
achieved.
4.9 If OWNER has requested significant modifications or
changes in the general scope, extent or character of the Project,
the time of performance of ARCHITECT's services shall be adjusted
equitably.
4.10 If OWNER fails to give prompt written authorization to
proceed with any phase of services after completion of the
immediately preceding phase, or if the Construction Phase has not
commenced within 180 calendar days (plus such additional time as
may be required to complete the services called for under paragraph
6.2.2.5) after completion of the Final Design Phase, ARCHITECT may,
after giving seven days written notice to OWNER, suspend services
under this Agreement.
4.11 If ARCHITECT's services for design or during construction
of the Project are delayed or suspended in whole or in part by
OWNER for more than three months for reasons beyond ARCHITECT's
control, ARCHITECT shall on Written demand.to OWNER (but without
termination of this Agreement) be paid as provided in paragraph
5.1.1. If such delay or suspension extends for more than one year
for reasons beyond ARCHITECT's control, or if ARCHITECT for any
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reason is required to render Construction Phase services in respect
of any prime contract for construction, materials or equipment more
than 60 days after Substantial Completion is achieved under that
contract, the various rates of compensation provided for elsewhere
in this Agreement may be subject to equitable adjustment.
4.12 In the event that the work designed or specified by
ARCHITECT is decided to be furnished or performed under more than
one prime contract, the ARCHITECT will be compensated in accordance
with paraqraph 5.1.2.
SECTION 5 - PAYMENTS TO ARCHITECT
5.1 OWNER has established an initial construction cost limit
of $ 285,000 for the project as available for construction.
5.1.1 For Basic Services. OWNER shall pay ARCHITECT for Basic
Services rendered under section 1 (as amended and supplemented by
Exhibit A "Further Description of Basic Services and Related
Matters") as follows:
5.1.1.1 A stipulated lump sum in the amount of thirty three
thousand dollars ($ 33,000.00). Progress payments for Basic
Services in each phase shall total the following percentages of the
total basic compensation payable:
Preliminary Design Phase
Construction Documents Phase
Bidding or Negotiations Phase
Construction Phase
Operational Phase
thirty
forty
five
twenty
five
percent (-1.Q.%)
percent (-3.Q%)
percent (--2%)
percent (-2Q%)
percent (--2%)
$ 33,000.00
Total compensation for Basic Services
5.1.1.2 Should the ARCHITECT I S Preliminary Construction Cost
Estimate exceed the lowest bona fide proposal or bid amount in
section 5.1 as available for construction, the ARCHITECT may be
required at the discretion of the OWNER to amend the design to
bring the construction cost estimate within the amount specified
without additional cost to the OWNER.
5.1.1.3 If the work is not carried on after Construction Document
Phase and drawings, specifications and Construction Documents are
completed and approved, the OWNER will pay the ARCHITECT through
the Construction Documents Phase in accordance with section 5.1.1
above; or, if the bids have been received, the OWNER will in
addition pay the ARCHITECT seventy-five percent (-12%) of the lump-
sum fee as specified in section 5.1.1.1.
5.1.2 For Additional Services. OWNER shall pay ARCHITECT for
Additional Services rendered under section 2 as follows:
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On an hourly basis, using standard Office Billing Rates
and Categories identified in paragraph 5.5 of this
Agreement, or as mutually agreed between OWNER and
ARCHITECT prior to the commencement of any such services.
5.1.2.1 Resident Project Services. For Services of ARCHITECT's
Resident Project Representative (and assistants) furnished under
paragraph 1.6.2.1., compensation shall be computed as follows:
On an hourly basis, using Standard Office Billing Rates
and Categories identified in paragraph 5.5 of this
Agreement, or as mu+.ually agreed between OWNER and
ARCHITECT prior to the commencement of any such services.
5.1.2.2 Professional Associates and Consultants. For services
and Reimbursable Expenses of independent professional associates
and consultants employed by ARCHITECT to render Additional Services
pursuant to paragraph 2.1 or 2.2, the amount billed to ARCHITECT
therefor times a factor of 1.10.
5. 1. 3 For Reimbursable Expenses. In addition to payments
provided for in paragraphs 5.1.1 and 5.1.2, OWNER has orovided a
$ 2.000.00 allowance for Reimbursables described in 5.4.2.
Exoenses in excess of $ 2.000.00 shall be absorbed bv the
ARCHITECT. OWNER shall pay ARCHITECT the actual cost of other
reimbursable Expenses described in 5.4.1 and 5.4.3 through 5.44
when authorized by OWNER.
5.1.4 The term "Reimbursable Expenses" has the meaning assigned
in paragraph 5.4.
5.2 Times of Payments.
5.2.1 ARCHITECT shall submit monthly statement for Basic and
Additional Services rendered and for Reimbursable Expenses
incurred. The statements will be based upon ARCHITECT's estimate
of the proportion of the total services actually completed at the
time of billing. OWNER shall make prompt monthly payments in
response to ARCHITECT's monthly statements.
5.3 Other provisions Concerning Payments.
5.3.1 If OWNER fails to make any payment due ARCHITECT for
services and expenses within thirty days after receipt of
ARCHITECT's statement therefor, the amount due ARCHITECT will be
increased at the rate of 1% per month from said thirtieth day, and
in addition, ARCHITECT may, after giving seven days' written notice
to OWNER, suspend services under this Agreement until ARCHITECT has
been paid in full all amounts due for services, expenses and
charges.
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5.3.2 Records of ARCHITECT's Salary Costs pertinent to
ARCHITECT's compensation under this Agreement will be kept in
accordance with generally accepted accounting practices. copies
will be made available to OWNER at cost on request prior to final
payment for ARCHITECT's services.
5.4. Reimbursable Expenses are in addition to compensation for
Basic and Additional Services and include expenses incurred by the
ARCHITECT and ARCHITECT's employees and consultants in the interest
of the Project, as identified in the following clauses.
5.4.1 Expenses in connection with authorized out-of-town
travel; long-distance communications; and fees paid for securing
approval of authorities having jurisdiction over the Project.
Expenses for automobile travel during the performance of basic
services shall be considered incidental. For private automobile
travel beyond performance of basic services mileage will be
reimbursed at thirty one cents per mile.
5.4.2 Expense of reproductions, postage and handling of
Drawings, Specifications and other documents.
5.4.3 If authorized in advance by the OWNER, expense of
overtime work requiring higher than regular rates.
5.4.4 Expense of renderings, models and mock-ups requested by
the OWNER.
5.4.5 Expense of additional insurance coverage or limi ts,
including professional liability insurance, requested by the OWNER
in excess of that normally carried by the ARCHITECT and ARCHITECT's
consultants.
5.4.6 Expense of computer-aided design and drafting equipment
time when used in connection with the Project.
5.5 The following table of Standard Office Billing Rates
shall be in effect where applicable under paragraph 5.1.2 and
5.1.2.1 of this Agreement:
If requested by OWNER, the ARCHITECT will submit a list
of employees, their appropriate title and billing rates prior to
authorization of services that will be compensated by the Standard
Office Billing Rates in paragraph 5.5.
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SECTION 6 - CONSTRUCTION COST AND OPINIONS OF COST
6.1 Construction Cost
The construction cost of the entire proj ect (herein
referred to as "Construction Cost") means the total cost to OWNER
of those portions of the entire Project designed and specified by
ARCHITECT, but it will not include ARCHITECT's compensation and
expenses, the cost of land, rights-of-way, or compensation for or
damages to properties, nor will it include OWNER's legal,
accounting, insurance counseling or auditing services, or interest
and financing charges incurred in connection with the Project or
the cost of other services to be provided by others to OWNER
pursuant to paragraphs 3.7 through 3.11, inclusive. (Construction
Cost is one of the items comprising Total Project Costs which is
defined in paragraph 1.2.6.)
6.2 Opinions of Cost
6.2.1 Since the ARCHITECT has no control over the cost of
labor, materials, equipment or services furnished by others, or
over the Contractor (s)' methods of determining prices, or over
competitive bidding or market conditions, ARCHITECT's best judgment
as an experienced and qualified professional , familiar with
the construction industry; but ARCHITECT cannot and does not
guarantee that proposals, bids or actual Total Project or
Construction Costs will not vary from opinions of probable cost
prepared by ARCHITECT. If prior to the Bidding or Negotiating
Phase OWNER wishes greater assurance as to Total Project or
Construction Costs, OWNER shall employ an independent cost
estimator as provided in paragraph 3.9.
6.2.2 If a Construction Cost limit is established by written
agreement between OWNER and ARCHITECT and specifically set forth in
this Agreement as a condition thereto, the following will apply:
6.2.2.1 The acceptance by OWNER at any time during the Basic
Services of a revised opinion of probable Total Project or
Construction Costs in excess of the then established cost limit
will constitute a corresponding revision in the Construction Cost
limit to the extent indicated in such revised opinion.
6.2.2.2 Any Construction Cost limit so established will include
a contingency of five percent unless another amount is agreed upon
in writing.
6.2.2.3 ARCHITECT will be permitted to determine what types of
materials, equipment and component systems are to be included in
the Drawings and Specifications and to make reasonable adjustments
in the general scope, extent and character of the Project to bring
it within the cost limit.
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6.2.2.4 If the Bidding or Negotiating Phase has not commenced
within six months after completion of the Final Design Phase, the
established Construction Cost limit will not be binding on
ARCHITECT, and OWNER shall consent to an adjustment in such cost
limit commensurate with any applicable change in the general level
of prices in the construction industry between the date of
completion of the Final Design Phase and the date on which
proposals or bids are sought.
6. 2 . 2 . 5 If the lowest bona f ide proposal or bid exceeds the
established Construction Cost limit, OWNER shall (1) give written
approval to increase such cost limit, (2) authorize negotiating or
rebidding the Project within'a reasonable time, or (3) cooperate in
revising the Project's general scope, extent or character to the
extent consistent with the Project's requirements and with sound
engineering/architectural practices. In the case of (3), ARCHITECT
shall modify the Contract Documents as necessary to bring the
Construction Cost wi thin the cost limit. Compensation for services
in making such modifications shall be oer paraqraph 5.1.1.2. The
providing of such service will be the limit of ARCHITECT's
responsibility in this regard and, having done so, ARCHITECT shall
be enti tled to payment for services in accordance with this
Agreement and will not otherwise be liable for damages attributable
to the lowest bona fide proposal or bid exceeding the established
Construction Cost.
SECTION 7 - GENERAL CONSIDERATION
7.1 Termination.
This Agreement may be terminated by either party upon thirty
(30) days prior written notice to the other party in the event of
substantial failure by the other party to fulfill its obligations
under this Agreement through no fault of the terminating party.
7.2 Reuse of Documents.
All documents including Drawings and specifications prepared
or furnished by ARCHITECT (and ARCHITECT's independent professional
associates and consultants) pursuant to this Agreement are
instruments of service in respect of the Project. The ownership
and property interest therein shall be granted to the OWNER when
the proj ect is completed. ARCHITECT shall supply a set of
reproducible record drawings for the OWNER in accordance with
Section 1.7.5. OWNER may make and retain copies for information
and reference in connection with the use and occupancy of the
proj ect by OWNER and others; however, such documents are not
intended or represented to be suitable for reuse by OWNER or others
on extensions of the Project or on any other project. Any reuse by
OWNER without written verification or adaptation by ARCHITECT for
the specific purpose intended will be at OWNER's sole risk and
without liability or legal exposure to ARCHITECT, or to ARCHITECT's
independent professional associates or consultants, and OWNER shall
7-1
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indemnify and hold harmless ARCHITECT and ARCHITECT's independent
professional associates and consultants from all claims, damages,
losses and expenses including attorneys' fees arising out of or
resulting therefrom. Any such verification or adaptation will
entitle ARCHITECT to further compensation at rates to be agreed
upon by OWNER and ARCHITECT.
7.3
Section 7.3
THIS SECTION INTENTIONALLY LEFT BLANK
7.4
Controlling Law
This Agreement is to be governed by the law of the principal place
of business of OWNER.
7.5
Successors and Assigns
7 . 5 . 1 OWNER and ARCHITECT each is hereby bound and the
partners, successors, executors, administrators and legal
representatives of OWNER and ARCHITECT (and to the extent permitted
by paragraph 7.5.2 the assigns of OWNER and ARCHITECT) are hereby
bound to the other party to this Agreement and to the partners,
successors, executors, administrators and legal representatives
(and said assigns) of such other party, in respect of all
covenants, agreements and obligations of this Agreement.
7.5.2 Neither OWNER nor ARCHITECT shall assign, sublet or
transfer any rights under or interest in (including, but without
limitation, moneys that may become due or moneys that are due) this
Agreement without the written consent of the other, except to the
extent that any assignment, subletting or transfer is mandated by
law or the effect of this limitation may be restricted by law.
Unless specifically stated to the contrary in any written consent
to an assignment, no assignment will release or discharge the
assignor ,from any duty or responsibility under this Agreement.
Nothing contained in this paragraph shall prevent ARCHITECT from
employing such independent professional associates and consultants
as ARCHITECT may deem appropriate to assist in the performance of
basic services hereunder.
7.5.3 Nothing under this agreement shall be construed to give
any rights or benefits in this Agreement to anyone other than OWNER
and ARCHITECT, and all duties and responsibilities undertaken
pursuant to this Agreement will be for the sole and exclusive
benefit of OWNER and ARCHITECT and not for the benefit of any other
party.
7.6 Dispute Resolution
The parties will ,attempt in good faith to resolve any
controversy or claim arising out of or relating to this agreement
promptly by negotiation between senio~ executives of the parties
who have authority to settle the controversy.
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The disputing party shall give the other party written notice
of the dispute. wi thin tens days after receipt of said notice, the
receiving party shall submit to the other a written response. The
notice and response shall include (a) a statement of each party's
position and a summary of the evidence and arguments supporting its
position, and (b) the name and title of the executive who will
represent that party. The executives shall meet at a mutually
acceptable time and place within twenty days of the date of the
disputing party's notice and thereafter as often as they reasonably
deem necessary to exchange relevant information and attempt to
resolve the dispute. '
7 . 7 If the controversy or claim has not been resolved within
thirty days of the meeting of the senior executives, the parties
shall endeavor to settle the dispute by mediation under the Center
for Public Resources Model Procedure for Mediation of Business
Disputes or pursue amicable termination.
7.8 If'the matter has not been resolved pursuant to the aforesaid
mediation procedure within sixty days of the commencement of such
procedure (which period may be extended by mutual agreement), if
either party will not participate in a mediation, or if the parties
cannot agree on a mediator, the parties shall pursue amicable
termination.
SECTION 8 - SPECIAL PROVISIONS, EXHIBITS AND SCHEDULES
8.1 This Agreement is subject to the following special
provisions.
8.2 The following Exhibits are attached to and made a part of
this Agreement:
8.2.1 Exhibit A "Further Descriptions of Basic Services and
Related Matters" consisting of ~ pages.
8.2.2 Exhibit B "Duties, Responsibilities and Limitations of
Authority of Resident Project Representative" consisting of -2
pages.
8.2. 3 Exhibit C "proj ect Organizational
communication" consisting of 1. pages.
Chart
and
8.3 This Agreement (consisting of pages) together with the
Exhibits and schedules identified above constitute the entire
agreement between OWNER and ARCHITECT and supersede all pr ior
written or oral understandings. This Agreement and said Exhibits
and schedules may only be amended I supplemented I modified or
cancelled by a duly executed written instrument.
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IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement as of the day and year first above written.
OWNER:
ARCHITECT:
CITY OF LA PORTE, TEXAS
G<~ 1. ~~
City Manager
(7-P ~. I
\)-% ~~ rY'J-ve..,-,-:::::j....
/ ,i 0
ATTEST
ATTEST
~
~
City Secretary
(SEAL)
City Attorney
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EXHIBIT A
EXHIBIT A TO AGREEMENT BETWEEN OWNER AND ARCHITECT
FOR PROFESSIONAL SERV'~':::ES, dated
June 10, 1996
FURTHER DESCRIPTION OF ARCHITECT'S BASIC SERVICES AND RELATED
MATTERS FOR ENHANCEMENTS TO BAY FOREST GOLF FACILITY
1. This is an exhibit attached to, made a part of and
incorporated by reference into the Agreement made on June 10, 1996
between the city of La Porte (OWNER) and Robert W. McKinnev, AIA,
(ARCHITECT) providing for professional services. The Basic
Services of ARCHITECT as described in Section 1 of the Agreement
are amended or supplemented as indicated below and the time periods
for the performance of certain services as indicated in Section 4
of the Agreement are stipulated as indicated below.
2. Unless directed otherwise in OWNER's authorization, during the
Preliminary Design Phase ARCHITECT shall:
a. Provide document sets to OWNER as outlined in
paragraph 1.2.7.
b. Attend ~ meetings with the city staff during the
course of the study to discuss progress and
direction of the work. After each meeting
ARCHITECT shall circulate for approval a set of
minutes that outline the key topics discussed and
any decisions I directions I etc. agreed upon by
OWNER and ARCHITECT.
The Preliminary Design Phase Services will be completed and the
Report submitted within 30 calendar days following written
authorization from OWNER to ARCHITECT to proceed with that phase of
services.
3. (THIS SECTION INTENTIONALLY LEFT BLANK)
4. During the construction Docum~nts Phase ARCHITECT shall:
Prepare construction documents ready for bidding, including
the following tasks:
a.
Construction drawings will
appropriate scale and include:
be
prepared
at
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Cover Sheet/Area Maps
Location Plans/Sheet Indicators
Final Site Plan
Mechanical Plans and Elevations
Structural Plan, Elevation and Details
Final Electrical and Instrumentation
Detail Sheets
Trench Safety System, if applicable
b. Concurrent with the development of design drawings,
the ARCHITECT will develop contract documents and
specifications. Final specifications will be
presented to OWNER for approval.
c. Attend _1- meetings with City staff to discuss
proj ect and direction of the work. After each
meeting ARCHITECT shall circulate for approval a
set of minutes that outline the key topics
discussed and any decisions, directions, etc.
agreed upon by OWNER and ARCHITECT.
d. Make formal submittal of Drawings, Specifications
and Contract Documents for the OWNER's review at
the following completion stages:
Interim - 50 % of Detailed Design provide 1 set.
Pre-Final - 90 % of Detailed Design provide ~ sets.
Final - 100% of Detailed Design provide ~ sets.
e. The ARCHITECT will develop a final "Total Probable
cost" estimate.
f. Provide document sets to OWNER as outlined in
Paragraph 1.4.5.
g. The ARCHITECT shall prepare for the OWNER an
analysis of estimated utility consumption for the
facility.
h. The ARCHITECT will provide for consideration by
OWNER several approaches for including construction
incentives in the Contract Documents. The final
decision on including any language regarding
construction incentives shall rest with the OWNER.
The Construction Document Phase Services will be completed and the
Report submitted within 45 calendar days following written
authorization from OWNER to ARCHITECT to proceed with th,-c.c phase of
services.
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5. During the Bidding or Negotiating Phase ARCHITECT shall:
a. Assist OWNER in conducting the prebid conferences
and prequalification of bidders as required by City
of La Porte Ordinance No. 1476-A.
Ordinance 1476-A requires all Contractors desiring
to bid on construction projects having an estimated
construction cost of greater than: $300,000, must
pre-qualify by filing a satisfactory Contractor's
statement. The Contractor's statement requires the
filing of both a Financial statement and an
Equipment and Experience statement.
The ARCHITECT shall review the Equipment and
Experience statements submitted by the Contractor,
check references and prepare a written report and
recommendation based on their findings.
The ARCHITECT shall not be responsible for the
evaluating the financial statement submitted by
Contractors.
The Bidding or Negotiating Phase Services will be completed per
terms of paragraph 4.6.
6. During the Construction Phase ARCHITECT shall:
a. During the Construction Phase the ARCHITECT
shall make visits to the site at intervals
appropriate to the various stages of
construction. After contractor has submitted
construction schedules, the OWNER and
ARCHITECT will mutually agree on key stages of
construction that will warrant and require
visi ts by ARCHITECT. However, the total
visits to site by the ARCHITECT shall average
2 per month over the term of construction.
The Construction Phase Services will be completed per terms of
paragraph 4.7.
7. During the operational Phase ARCHITECT shall:
(No amendments or supplements to paragraph 1.7)
The Operational Phase Services will be completed per terms of
paragraph 4.8.
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DESCRIPTION OF ARCHITECT'S BASIC SERVICES FOR PLANNING REPORT FOR
FUTURE CITY HALL EXPANSION
1. Section 1 Basic Services, and Section 5, Payments to the
ARCHITECT, do not apply to the City Hall Space Analysis and
Planning Document.
2. The Professional Services for this phase of the Project shall
include the following scope of work for the lump sum price of
$10,000.00.
Scope of Work
PLANNING REPORT OF PRE-CONSTRUCTION SERVICES PROVIDING:
· Space Analysis
· Master Planning of Existing and New Space
· Roof Analysis
· M.E.P. Engineering Review
· General Schematics
· General Statements of probable Costs Based on Historical
Averages.
· Review Options with city
· Review Draft Report with City
· Deliver Final Report
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EXHIBIT B
A LISTING OF THE DUTIES, RESPONSIBILITIES AND
LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE.
This is an Exhibit attached to, made a part of and incorporated by
reference with the Agreement made on June 10, 1996, between city
of La Porte (OWNER) and (ARCHITECT) Robert W. McKinnev. AIA
providing for professional services.
ARCHITECT or OWNER may furnish a Resident proj ect
Representative (RPR), assistants and other field staff to assist
ARCHITECT in observing performance of the work of Contractor.
Through more extensive on-site observations of the work in
progress and field checks of materials and equipment by the RPR and
assistants, ARCHITECT shall endeavor to provide further protection
for OWNER against defects and deficiencies in the work of
CONTRACTOR; but, the furnishing of such services will not make
ARCHITECT responsible for or give ARCHITECT control over
construction means, methods, techniques, sequences or procedures or
for safety precautions or programs, or reponsiblity for
CONTRACTOR's failure to perform the Work in accordance with the
Contract Documents and in particular the specific limitations set
forth in paragraph 1.6 of the Agreement are applicable.
The duties and responsibilities of the RPR are limited to
those of ARCHITECT in ARCHITECT's agreement with the OWNER and in
the construction Contract Documents, and are further limited and
described as follows:
A. General
RPR is ARCHITECT's agent at the site, will act as directed by
and under the supervision of ARCHITECT, and will confer with
ARCHITECT regarding RPR' s actions. RPR' s dealings in matters
pertaining to the on-site work shall in general be with ARCHITECT
and CONTRACTOR keeping OWNER advised as necessary. RPR's dealings
with subcontractors shall only be through or with the full
knowledge and approval of CONTRACTOR. RPR shall generally
communicate with OWNER with the knowledge of and under the
direction of ARCHITECT.
B. Duties and Responsibilities of RPR
1. Schedules:
Review the progress schedule, schedule of Shop
Drawing submittals and schedule of values prepared
by CONTRACTOR and consult with ARCHITECT concerning
acceptability.
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2. Conferences and Meetings:
Attend meetings with CONTRACTOR, such as
preconstruction conferences, progress meetings, jOb
conferences and other project-related meetings, and
prepare and circulate copies of minutes thereof.
3. Liaison:
a. Serve as ARCHITECT's liaison with CONTRACTOR,
working principally through CONTRACTOR's
superintendent and assist in understanding the
intent of the Contract Documents; and assist
ARCHITECT in serving as OWNER's liaison with
CONTRACTOR when CONTRACTOR's operations affect
OWNER's on-site operations.
b. Assist in obtaining from OWNER additional
details or information, when required for
proper execution of the Work.
4. Shop Drawings and Samples:
a. Record date of receipt of Shop Drawings and
samples.
b . Receive samples which are furnished at the
site by CONTRACTOR, and notify ARCHITECT of
availability of samples for examination.
c.
Advise ARCHITECT and CONTRACTOR
commencement of any Work requiring
Drawing or sample if the submittal
been approved by ARCHITECT.
of the
a Shop
has not
5. Review of Work, Rejection of Defective Work, Inspections
and Tests:
a. Conduct on-site observations of the Work in
progress to assist ARCHITECT in determining if
the Work is in general proceeding in
accordance with the Contract Documents.
b. Report to ARCHITECT whenever RPR believes that
any Work is unsatisfactory, faulty or
defective or does not conform to the Contract
Documents, or has been damaged, or does not
need the requirements of any inspection, test
or approval required to be made; and advise
ARCHITECT of Work the RPR believes should be
corrected or rejected or should be uncovered
for observation, or requires special testing,
inspection or approval.
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c. Verify that tests, equipment and systems
startups and operating and maintenance
training are conducted in the presence of
appropriate personnel, and that CONTRACTOR
maintains adequate records thereof; and
observe, record and report to ARCHITECT
appropriate details relative to the test
procedures and startups.
d. Accompany visiting inspectors representing
public or other agencies having jurisdiction
over the Project, record the results of these
inspections and report to ARCHITECT.
6. Interpretation of Contract Documents:
Report to ARCHITECT when clarifications and
interpretations of the Contract Documents are
needed and transmit to CONTRACTOR clarifications
and interpretations as issued by ARCHITECT.
7. Modifications:
Consider and evaluate CONTRACTOR's suggestions for
modifications in Drawings or Specifications and
report wi th RPR' s recommendations to ARCHITECT.
Tran~mit to CONTRACTOR decisions as issued by
ARCHITECT.
8. Records:
a. Maintain at the job site orderly files for
correspondence, report of job conferences,
Shop Drawings and samples, reproductions of
original Contract Documents including all Work
Directive Changes, Addenda, Change Orders,
Field Orders, additional Drawings issued
subsequent to the execution of the Contract,
ARCHITECT's clarifications and interpretations
of the Contract Documents, progress reports,
and other Project related documents.
b. Keep a diary or log book, recording CONTRACTOR
hours on the job site, weather conditions,
data relative to questions of Work Directive,
Change Orders or changed conditions, list of
job site visitors, daily activities,
decisions, observations in general, and
specific observations in more detail as in the
case of observing test procedures; and send
copies to ARCHITECT.
c. Record names, addresses and telephone numbers
of all CONTRACTORS, subcontractors and major
suppliers of materials and equipment.
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9. Reports:
a. Furnish ARCHITECT periodic reports as required
of progress schedule and schedule of Shop
Drawing and sample submittals.
b. Consult with ARCHITECT in advance of scheduled
major tests, inspections or start of important
phases of the Work.
c. Draft proposed Change Orders and Work
Directive Changes, obtaining backup material
from CONTRACTOR and recommend to ARCHITECT
Change Orders, Work Directive Changes, and
Field Orders.
d. Report immediately to ARCHITECT and OWNER upon
the occurrence of any accident.
10. Payment Requests:
Review applications for payment with CONTRACTOR for
compliance with the established procedure for their
submission and forward with recommendations to
ARCHITECT, noting particularly the relationship of
the payment requested to the schedule of values,
Work completed, and materials and equipment
delivered at the site but not incorporated in the
Work.
11. Certificates, Maintenance and Operation Manuals:
During the course of the Work, verify that
certificates, maintenance and operation manuals and
other data required to be assembled and furnished
by CONTRACTOR are applicable to the items actually
installed and in accordance with the Contract
Documents, and have this material delivered to
ARCHITECT for review and forwarding to OWNER prior
to final payment for the Work.
12. Completion:
a. Before ARCHITECT issues a Certificate of
Substantial Completion, submit to CONTRACTOR a
list of observed items requiring completion or
correction.
b. C..:.nduct final inspection in the company of
ARCHITECT, OWNER, and CONTRACTOR and prepare a
final list of items to be completed or
corrected.
c. Observe that all items on final list have been
completed or corrected and make
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recommendations
acceptance.
to
ARCiITECT
concerning
C. Limitations of Authority
Resident Project Representative:
1. Shall not authorize any deviation from the Contract
Documents or substitution of materials or equipment,
unless authorized by ARCHITECT.
2. Shall not exceed limitations of ARCHITECT's authority as
set forth in the Agreement or the Contract Documents.
3.
Shall not undertake any of the
CONTRACTOR, subcontractors
superintendent.
responsibilities of
of CONTRACTOR's
4. Shall not advise on, issue directions relative to or
assume control over any aspect of the means, methods,
techniques, sequences or procedures of construction
unless such advice or directions are specifically
required by the contract Documents.
5. Shall not advise on, issue directions regarding, or
assume control over safety precautions and programs in
connection with the Work.
6. Shall not accept Shop Drawing or sample submittals from
anyone other then CONTRACTOR.
7. Shall not authorize OWNER to occupy the Project in whole
or in part.
8. Shall not participate in specialized field or laboratory
tests or inspections conducted by others except as
specifically authorized by ARCHITECT.
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EXHIBIT C
PROJECT ORGANIZATIONAL CHART AND COMMUNICATION
PROJECT ORGANIZATIONAL CHART
CITY OF LA PORTE
CITY MANAGER
II
CITY OF LA PORTE
OTHER
ASSISTANT CITY MANAGER PROFESSIONAL
(John Joerns) SERVICES RETAINED
BY OWNER
CITY OF LA PORTE
ARCHITECT
& ALEX OSMOND
PROJECT MANAGER JEFF LITCHFIELD
PLANNING DEPART.
OTHER PROFESSIONAL
SERVICES RETAINED
DESIGN GROUP BY ARCHITECT
COMMUNICATION
All correspondence shall include City of La Porte Project No. Job
number. All correspondence regarding this Agreement for
PrOfessional Services and fee invoicing from ARCHITECT to Client
shall be addressed as follows:
City of La Porte
Attention: Jo:.n Joerns, Assistant City Manager
PO Box 1115
La Porte, TX 77572-1115
All correspondence from OWNER to ARCHITECT shall be addressed to:
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'. J
e ORDINANCE NO. 96-2107 e
AN ORDINANCE APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS, AND
COMMITTEES, OF THE CITY OF LA PORTE; PROVIDING A SEVERABILITY
CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE
OPEN 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 of the city of La Porte hereby
makes the following appointments to the Fire Code Review Committee
of the City of La Porte, for the term beginning on the effective
date hereof, and expiring on May 30th of the year indicated, or
until their successors shall have been duly appointed and
qualified:
District 1
Louis Heintschel
1999
District 4
Floyd Craft
1998
District 6
Emery Farkas
1999
At Large B
Tom Handy
1999
section 2.
The City Council of the City of La Porte
hereby appoints the following members to the City of La Porte
Planning and Zoning Commission, for the term beginning on the
effective date hereof, and expiring on May 30th of the year
indicated, or until their successors shall have been duly appointed
and qualified:
Chairman
District 1
-
District 6
Betty Waters
1999
Melton Wolters
1999
Michael D. Meredith
1999
section 3. The City Council of the City of La Porte hereby
appoints the following members to the La Porte Area Water
Authority, for terms expiring on May 30th of the year indicated, or
until their successors shall have been duly appointed and
qualified:
position 4
Chester Pool
1998
Position 5
Jerry Bramlett
19?8
"
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ORDINANCE NO. 96-2107
PAGE 2
section 4. It is the intention of the City council of the
City of La Porte to repeal the provisions of Ordinance 1637
establishing an Electrical Board. Therefore, City Council makes no
appointments to the Electrical Board.
section s. The City Council of the City of La Porte hereby
makes the following appointments to the Airport Advisory Board for
the City of La Porte Municipal Airport, for terms expiring on May
30th of the year indicated, or until their successors shall have
been duly appointed and qualified:
position 1 Cliff Hyde 1999
position 2 Larry Tucker 1999
Airline Rep Dan Myhaver 1999
section 6. The City Council of the city of La Porte hereby
makes the following appointments to the Board of Adjustment of the
City of La Porte, for terms expiring on May 30th of the year
indicated, or until their successors shall have been duly appointed
and qualified:
position 2 Bob Capen 1999
position 5 Ruben L. Salinas 1999
section 7. If any section, sentence, phrase, clause or any
part of any section, sentence, phrase, or clause, of this ordinance
shall, for any reasons, be held invalid, such invalidity shall not
affect the remaining portions of this ordinance, and it is hereby
declared to be the intention of this City Council to have passed
each section, sentence, phrase or clause, or part thereof,
irrespective of the fact that any other section, sentence, phrase
or clause, or part thereof, may be declared invalid.
&
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ORDINANCE NO. 96-2107
PAGE 3
section 8. All ordinances or parts of ordinances in conflict
herewith are repealed to the extent of such conflict only.
Section 9.
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 10. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this loth day of June, 1996.
By:
~ OF LA PORTE
'N ~~~r
ATTEST:
c;'Jl ~
Sue Lenes, City Secretary
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AUEST FOR CITY COUNCIL AGENDA &
Exhibits:
1. Resolution No. 96-04 with Exhibit A
. Discussion Draft of Agreement between City of La Porte and Southern Pacific Transportation
Company
2. Letter from Harris County Flood Control District with bid tabulation
Department: Administration
Resolution Ordinance
Agenda Date Requested: June 10 1
Requested By: John Joerns
Report
SUMMARY & RECOMMENDATION
When our last report was given to Council, (February 20, 1996) Southern Pacific Transportation Company (S.P.) and
Harris County Flood Control District (HCFCD) had completed negotiations on the Construction Agreement. HCFCD has
since advertised and received bids for the Installation of two 8 x 10' box culverts underneath Strang Yard. Meanwhile,
the City and S.P. have addressed the four Issues that were outstanding In our Agreement to exchange rights-of-way.
Issue
Resolution
1. Delete unnamed cul-de-sac
2. Consider floating easement for
proposed railyard expansion
3. Concern for S.P. (& its successors)
over future responsibility for bridge construction
4. Delete two descriptions of ROWS previously closed. Completed
Replaced with utility easement.
Abandoned idea of floating easement replaced with flxed easement
replaced with fIXed easement.
Provided language limiting exposure for bridge.
Note: Also, the proposed alignment of 16th street has been adjusted, (at S.P.'s request) and the concerns of the franchise
utilities have been addressed.
The agreement and supporting documents have been re-drafted to account for these changes. However, the
documentation is incomplete, as we are waiting on completion of a field survey and preparation of various metes and
bounds descriptions.
Harris County Flood Control District needs to award the construction contract at the June 25, 1996 Commissioners
Court Meeting to meet the provisions of their bidding documents. However, Harris County's agreement with S.P. is
contingent upon S.P. and City completing the exchange of rights-of-way. Since the City and S.P. are waiting on
supporting documentation, S.P. has agreed to allow HCFCD to proceed with the award of the construction agreement
provided the City furnishes a Resolution expressing Council's Intent to pass an Ordinance approving the final version of
the Agreement. Likewise, S.P. will furnish the City with a letter expressing their Intent to execute the Agreement.
Action Required bv Council
We are requesting that Council consider and approve Resolution 96-04 that expresses Council's Intent to pass an
ordinance approving the final version of the Agreement.
Availa6i1ity of Funds: tJjA
General Fund
Capital Improvement
Other
Water fWastewater
General Revenue Sharing
Account Number:
Funds Available: _YES _NO
ADDroved for City Council Aaenda
~4
ROb~ rrerc(
City a ger
f~
DATE
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RESOLUTION NO. 96-~
A RESOLUTION ESTABLISHING THE POLICY OF THE CITY COUNCIL OF THE
CITY OF LA PORTE CONCERNING AN AGREEMENT WITH SOUTHERN PACIFIC
TRANSPORTATION COMPANY; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1.
The City of La Porte (hereinafter "city") and
Southern Pacif ic Transportation Company, a Delaware corporation
(hereinafter "S.P.") are currently in negotiations for an Agreement
concerning S.P.'s 219 acre tract in the City of La Porte. A true
and correct copy of a discussion draft of said Agreement is
attached to this Resolution as Exhibit "A", incorporated by
reference herein, and made a part hereof for all purposes.
section 2. The City Council of the City of La Porte, by the
passage of this Resolution, expresses its policy and the sense of
the City Council, that an ordinance approving the final version of
an Agreement in substantially the form of the discussion draft of
Agreement attached hereto as Exhibit "A", incorporated by reference
herein, and made a part hereof for all purposes, shall be passed
and approved by the City Council of the City of La Porte upon
completion of negotiations between representatives of ci ty and
S.P., of a final version of said Agreement, and completion of
survey and supporting documentation.
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
Ci ty 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
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RESOLUTION NO. 96-~
Page 2
by law at all times during which this resolution and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
section 4. This Resolution shall be effective from and after
its passage and approval.
PASSED AND APPROVED this 10th day of June, 1996.
CITY OF LA PORTE
By: lh}J14~/IP~
Nbrman L. Mal ne, Mayor
AT~ ~/
Sue Lenes, City Secretary
APP(ZoJd
Knox w. ASkins, cit~torney
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C-o-fL; / ~" ro
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STATE OF TEXAS 0
o
COUNTY OF HARRIS 0
AGREEMENT
This Agreement, made and entered into by and between
the City of La Porte, a municipal corporation of Harris
County, Texas, hereinafter referred to as "City," and
Southern Pacific Transportation Company, a Delaware
Corporate, hereinafter referred to as "S.P."
WHEREAS, S.P. owns a 219 Acre tract in the city of La Porte;
all of more fully shown on a plat thereof attached hereto as
Exhibit "A", incorporated by reference herein and made a
part hereof for all purposes, with said property being
hereinafter referred to as "the S.P. Property;" and
WHEREAS, S.P. currently operates a railroad (switching)
facility, known as "Strang Yard" adjacent to said 219 Acre
tract; and
WHEREAS, S.P. has previously filed with the City of La Porte
Planning and Zoning commission a General Plan for
Development of said 219 Acre tract, which said plan in part
proposes an addition to S.P.'s existing Strang Yard
Facility; and
WHEREAS, S.P., in said General Plan for development, has
further proposed closure of certain existing city of La
Porte street rights-of-way, in exchange for dedication of
rights-of-way to the City of La Porte; and
WHEREAS, said right-of-way exchange facilitates development
of said 219 Acre tract and further provides for future
street locations within said tract; and
WHEREAS, said right-Of-way exchange also allows for
acquisition by the city of La Porte of land needed to
facilitate proposed drainage improvements within the City of
La Porte; and
WHEREAS, the parties find it mutually beneficial to proceed
with the exchange of rights-of-way as proposed in said
General Plan in order to facilitate development of the
property and drainage improvements in La Porte;
NOW, THEREFORE, BASED UPON THE PREMISES AND THE MUTUAL
COVENANTS HEREIN CONTAINED, CITY AND S.P. HAVE AGREED, AND
DO HEREBY AGREE TO THE COVENANTS HEREIN CONTAINED, ALL AS
EFFECT "THE S.P. PROPERTY";
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1. STREET RIGHTS-OF-WAY CLOSED IN FAVOR OF S.P.: The
following City dedicated street rights-of-way located on the
S.P. property and shown as the shaded area on Exhibit "A",
shall be permanently vacated, abandoned, and closed by
ordinances to be passed by city council of city, and
certified copies of such ordinances filed for record in the
office of the County Clerk of Harris county, Texas, thereby
relinquishing any right, title, or interest therein of city,
to S.P., without charge or fee to S.P. by city, in
consideration for the grants by S.P. to city as hereinafter
described in Paragraph 2 hereof.
a. North 12th Street-from the north line of the
Johnson Hunter Survey to the north right-of-way line of
North "L" Street; thence, from the south right-of-way
line of North ilL" Street to the north right-of-way line
of North "J" Street; and, thence, from the south right-
of-way line of North "J" Street to the north right-of-
way line of North "H" Street (approx. 166,697 sq.ft.).
b. North 13th Street-from the north line of the
Johnson Hunter Survey to the south line of the Southern
Pacific Railroad right-of-way (approx. 53,048 sq. ft.).
c. North 14th Street-from the north line of the
Johnson Hunter Survey to the north right-of-way line of
North ilL" Street; thence, from the south right-of-way
line of North ilL" Street to the north right-of-way line
of North "J" Street; thence, and, thence, from the
south right-of-way line of North "H" Street to the
north right-of-way line of North "F" Street, also known
as West Barbours Cut Blvd., (approx. 218,297 sq.ft.).
d. North 16th Street-from the north line of the
Johnson Hunter Survey to the centerline of North "H"
Street; (approx. 178,697 sq.ft.); provided, however;
1. The city shall retain an easement for
existing water, sewer and drainage facilities
contained in said right-of-way, with reasonable
ingress and egress for maintenance of said public
utilities.
2. The City shall also retain easements in favor
of Houston Lighting & Power and Southwestern Bell
for the continued operation, repair and
maintenance of their facilities contained in said
right-of-way, with reasonable ingress and egress
for maintenance.
e. North "H" Street-Between the west right-of-way
4:\CLP\SP\Agreement
Draft No. 6
May 3D, 1996
2
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line of North 13th street and the east right-of-way
line of North 16th street (approx. 73,440 sq.ft.);
provided, however;
1. The city shall also retain easements in favor
of Houston Lighting & Power and Southwestern Bell
for the continued operation, repair and
maintenance of their facilities contained in said
right-of-way, with reasonable ingress and egress
for maintenance.
f. North "J" Street-from the west right-of-way line
of State Highway 146 to the east right-of-way line of
North 16th Street; and, thence, from the east right-of-
way line of North 16th to the west line of the Johnson
Hunter Survey (approx. 188,771 sq.ft.);
g. North ilL" Street-from the west right-of-way line
of State Highway 146 to the east right-of-way line of
North 16th Street; and, thence from the east right-of-
way line of North 16th to the west line of the Johnson
Hunter Survey (approx. 185,294 sq.ft.)
h. North lip" Street-from the west right-of-way line
of North 13th Street to the east right-of-way line of
the Southern Pacific spur track (approx. 94,843
sq.ft.); provided, however;
1. The City shall retain an easement for existing
and proposed water and sewer facilities within
said right-of-way, with reasonable ingress and
egress for maintenance of said public utilities.
2. The City shall also retain easements in favor
of Houston Lighting & Power and Southwestern Bell
for the continued operation, repair and
maintenance of their facilities contained in said
right-of-way, with reasonable ingress and egress
for maintenance.
The total area proposed to be closed within existing street
rights-of-way is approximately sq. ft.
2. PROPERTY BEING CONVEYED TO CITY: For and in
consideration of the vacating, abandoning, and closing of
the above described street rights-of-way by city, as
described in Paragraph 1 hereof, S.P. shall grant and convey
to the City, the following:
4:\CLP\SP\Agreement
Draft No. 6
May 30. 1996
3
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a. An area containing approximately
square feet, the general location of which is shown on
attached Exhibit "B", shall be dedicated by S.P. to
city for future use by city as 16th street and "JII
street. The proposed rights-of-way shall be 100 ft.
wide and conform sUbstantially to the alignment shown
on Exhibit "B". city and S.P. agree that the minor
adjustments to the 16th street and IIJII street rights-
of-way shall be determined by mutual agreement between
city and S.P.at a future date.
It is further agreed between City and S.P. that the
dedication of 16th street and IIJH street shall not be
construed by City as an attempt by S.P. to formally
subdivide or otherwise develop the property and City
agrees to waive any and all city fees that S.P. would
pay that are normally associated with subdivision
dedications. Provided, however, in the event that
S.P., its successors or assigns, hereafter subdivide or
develop all or part of the remaining acreage, the
future subdivided or otherwise developed portion be
subject to city's then prevailing ordinances and
policies regarding subdivision and or development of
land, including liability for paYment of fees thereon.
Both city and S.P. shall cooperate one with the other
to facilitate the minor adjustments to the dedication
of said 16th street and "J" street rights-of-way, such
that said rights-of-way conform SUbstantially to the
alignment shown on Exhibit "B", attached hereto.
b. S.P. shall grant and dedicate to the public,
an easement for drainage purposes the area shaded on
attached Exhibit "B" and further defined as "Drainage
Easement". S.P., its successors and assigns, shall be
allowed to construct and maintain rail facilities over
this proposed easement area.
The City and the Harris County Flood Control District
shall approve the form of Easement to City with said
approval to be consistent with the terms contained
herein. City and Harris County Flood Control District
shall have prior right of approval of plans and
specifications, to assure that the water carrying
capacity of the channel is not reduced as a result of
future construction of rail facilities by S.P. All
costs associated with the construction of rail
facilities and drainage structures appurtenant to
Railyard including under Railyard shall be borne by
S.P. or its successors and assigns.
4: \ CLP\ SP\Agreement
Draft No. 6
May 30, 1996
4
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c. The area shaded on attached Exhibit "B" and
further defined as Tract 1 and Tract 2 shall be
conveyed by S.P. to city, by Special Warranty Deed, for
a proposed Harris County Flood Control drainage
channel, and contains 46.210 t sq. ft.
3. FUTURE 16TH STREET BRIDGE: S.P. and City recognize that
the area described in paragraph 2 (a) for use as future 16th
Street crosses the 230 foot right-of-way conveyed to City in
paragraph 2 (c). This alignment is a matter of convenience
meant to provide and preserve the option to construct a
roadway and bridge over the 230 foot drainage right-of-way.
There is no requirement, implied or otherwise, for either
party to this agreement, or their successors and assigns, to
construct a bridge over the 230 foot right-of-way.
4. CITY'S ORDINANCES ATTACHED: City's proposed forms of
ordinances vacating, abandoning, and closing rights-of-way
described in Paragraph 1 are attached hereto as Exhibits "C-
1" through Exhibits "C-8", incorporated by reference herein,
and made a part hereof for all purposes.
5. S.P. DEEDS ATTACHED: S.P.'s form of Special Warranty
Deed to city, conveying the right-of-way described in
Paragraph 2 (a) is attached hereto as Exhibit "D",
incorporated by reference herein, and made a part hereof for
all purposes.
S.P's form of Special Warranty Deed to city, conveying the
property described in Paragraph 2 (c), is attached hereto as
Exhibit "E", incorporated by reference herein, and made a
part hereof for all purposes.
6. S.P. EASEMENT ATTACHED: S.P.'s form of easement to the
Public for drainage purposes, as described in Paragraph 2
(b), is attached hereto as Exhibit "F", incorporated by
reference herein, and made a part hereof for all purposes.
7.CITY'S CLOSING OBLIGATION: City's obligation to close said
dedicated street rights-of-way located on SP property is
contingent upon:
a. Execution of this Agreement by S.P.;
b. Approval of Ordinance by city authorizing
execution of Agreement by city and delivery of
certified copy of same to S.P.;
c. Execution of this Agreement by City and delivery
of original execution copy of same to S.P.;
d. Delivery of the deeds referred to in Section 2
(a), Section 2 (b) and Section 2 (c) by S.P. to
City;
4: \ CLP\SP\Agreement
Draft No. 6
May 30, 1996
5
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e. Passage by City Council of city Ordinances in
forms attached to this Agreement authorizing
closing of street and alleys referred to in
section l(a) through l(h) herein.
f. Delivery and approval of Exhibits "A" and "B" and
metes and bounds descriptions of property and
easement being conveyed by S.P. to city in
paragraph 2. City and S.P. each agree to pay for
one half of the expenses associated with
production of these documents.
8. NO APPROVALS IMPLIED: The rights-of-way exchanges or
any of the other terms of this agreement contemplated
herein, are not to be construed as approval, tacit or
explicit, by city or any agency, department, or governing
body of City, of any of the plans, specifications, permits,
zoning requests, development requests or otherwise that S.P.
has made or might make at any time, past, present or future,
of City.
9. ENTIRE AGREEMENT: This instrument together with any
attachments hereto constitutes the entire Agreement between
the parties with respect to the subject matter hereof, and
supersedes and replaces any prior understandings or
agreements, oral or written, between the parties regarding
such subject matter. No modification or variations of the
terms of this Agreement or any provision thereof shall be
valid unless in writing and signed by both of the parties
hereto.
10. GOVERNING LAW: This contract between City and S.P.
shall be governed by and construed according to the laws of
Texas.
11. PARTIAL INVALIDITY: If any prov~s~on of this Agreement
is held by a Court of competent jurisdiction to be invalid,
void or unenforceable, the remaining provision shall
nevertheless continue in full force without being impaired
or invalidated in any way.
12. INTERPRETATION NOT AFFECTED BY HEADINGS: The division
of this Agreement into articles, sections and other
portions, and the insertion of headings, are for convenience
of reference only and shall not affect the construction or
interpretation of this Agreement.
13. ASSIGNMENT: S.P. may assign its rights under this
Agreement without the prior written consent of The City of
La Porte, provided that such assignment shall not relieve
S.P."s assignee from performance of S.P.'s obligations set
forth in this Agreement
4: \ CLP\ SP\Agreement
Draft No. 6
May 30, 1996
6
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14. NOTICES: All notices required or permitted to be given
hereunder shall be in writing and may be delivered by hand,
by facsimile, by nationally recognized private courier, or
by united States mail. Notices delivered by mail shall be
deemed given three (3) business days after being deposited
in the united States mail, postage prepaid, registered or
certified mail, return receipt requested. Notices delivered
by hand, by facsimile, or by nationally recognized private
carrier shall be deemed given on the first business day
following receipt; provided, however, that a notice
delivered by facsimile shall only be effective if such
notice is also delivered by hand, or deposited in the united
States mail, postage prepaid, registered or certified mail,
on or before two (2) business days after its delivery by
facsimile. All notices shall be addressed as follows:
The city of La Porte
Attention: John E. Joerns,
Assistant City Manager
604 W. Fairmont Parkway
A. o. Box 1115
La Porte, Texas 77572-1115
(713) 471-5020 Telephone
(713) 471-7168 Facsimile
Southern Pacific Transportation Company
THE CITY OF LA PORTE
By:
Robert T. Herrera
City Manager
ATTEST:
Sue Lenes
city Secretary
4: \ eLP\ SP\Agreement
Draft No. 6
May 30, 1996
7
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APPROVED:
John D. Armstrong
Assistant City Attorney
SOUTHERN PACIFIC
TRANSPORTATION COMPANY
By:
Title:
4:\CLP\SP\Agreement
Draft No. 6
May 30, 1996
8
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38, EXISTING PIPELINE CORRIDOR:
City and SP recognize existence of a pipeline corridor, running east and west, parallel
to and south of the 230 foot easement and right of way conveyed in paragraph 2 of this
agreement by SP to City.
Both City and SP agree to not take any action that would diminish the rights of the
owners or holders of said pipeline corridor, fee, title, licenses, easements or other
vested rights, without first obtaining the consent of said pipeline corridor owners and/or
permit holders.
City and SP further agree to take all steps as may reasonably be required to assist the
other party in obtaining the rights or privileges contemplated in this agreement, in
connection with the holder ofthe pipeline corridor fee, easement, license or other
vested right.
At the City Council meeting on June 10, 1996, paragraph 3a was incorporated in Exhibit A.
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~T FOR CITY COUNCIL AGEND~
~
Agenda Date Reque ~June 10, 1996
/$ . fi-r" 1 .
Requested By: eve G11fett Department: Pub 1C Works
xxx
Report
Resolution
Ordinance
Exhibits: Bid Recap Sealed Bids #0681 - Concrete
SUMMARY & RECOMMENDATION
Advertised, sealed bids #0681 for the annual supply of concrete were opened
and read on June 3, 1996. Bid requests were mailed to four (4) vendors
with three (3) returning bids.
Low bid meeting specifications was submitted by Dorsett Brothers Concrete
Supply, Inc. Using estimated yearly quantities, the total cost would be
twenty-four thousand, seven hundred, and twenty-five dollars ($24,725.00).
This represents a six percent (6%) increase over the cost for last year.
Staff recommends award of bid for the annual supply of concrete to Dorsett
Brothers Concrete Supply, Inc., low bidder meeting specifications. Funds
for this contract are budgeted in the Streets Operating Budget for 1995/96.
Action Required by Council: Award bid for annual supply of concrete to
Dorsett Brothers Concrete Supply, Inc., low bidder meeting specifications
as recommended by Staff.
c:::
Availability of Funds:
xxx
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number: 001-700-701-415
Funds Available: -XX-YES
NO
Council A end a
DATE
6k;;~
{ (
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CITY OF LA PORTE
INTEROFFICE MEMORANDUM
JUNE 4, 1996
FROM:
STEVE GILLETT, PUBLIC WORKS DIRECTOR
SUSAN KELLEy,~RCHASING AGENT
TO:
SUBJ:
SEALED BID #0681 - CONCRETE
Advertised, sealed bids #0681 - concrete were opened and read on
June 4, 1996. Bid requests were mailed to four (4) vendors with
three (3) returning bids.
Low bid meeting specifications was submitted by Dorsett Brothers
Concrete Supply, Inc.
Using estimate yearly quantities, the total cost would be
$24,725.00. This is a six percent (6%) increase over last year's
cost.
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 Tabulation
Bidder's List
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BID TABULATION - CONCRETE
:1,:illillllllllllll:I:IIII::::I::I:II:::IIII:llllilll'111:::III,iil:I,I:I:lllllllllillllll:l: ""Ql1~r" IIllllilll.:::: iiilillll~1111111111 II,IIIIIII:'il:III~I:,~I'I:::I:i:i,i:i,,:III~.II'I:1
::::::::~~;:::::\::::::J::::::
..................
..................
..................
..................
....................................
..................
CONC RETE - 5 SACK 200 $53 00 $54 00 $56 00
CONC R ETE - 6 SACK 250 $56. 50 $57. 00 $58 50
TOTAL $24 I 725 00 $25 I 050 00 $25 I 825 00
I..OPATION < <..PASAOENA.. , ..'.'..'.'...PASt\OENA ...)MORGAN~$p()INT'
BIDDER'S LIST
SEALED BID #0681 - CONCRETE
DORSETT BROTHERS
P. o. BOX 5766
PASADENA, TX 77508-5766
EX CELL MATERIAL, INC.
P. O. BOX 536
HIGHLANDS, TX 77562
HOUSTON SHELL & CONCRETE
P. O. BOX 4608
HOUSTON, TX 77210-4608
PIONEER CONCRETE OF TX
800 GESSNER #1100
HOUSTON, TX 77024
CHAMBER OF COMMERCE
P.O. BOX 996
LA PORTE, TX 77572-0996
BAYSHORE SUN PUBLISH DATES:
MAY 19, 1996
MAY 26, 1996
~ST FOR CITY COUNCIL AGEND~
~
Agenda Date Req~e ted: June 10. 1996
~~~h
Requested By: ~eve Gi11ett
Department: Public Works
xxx
Report
Resolution
Ordinance
Exhibits: Sealed Bids #0682 - Liquid Chlorine
~
SUMMARY & RECOMMENDATION
Advertised, sealed bids #0682 for the annual supply of liquid chlorine were
opened and read on June 3, 1996. Bid requests were mailed to four (4)
vendors with one (1) returning a bid.
The only bid was submitted by DXI Industries, our current vendor. Using
estimated yearly quantities, the total cost is twenty-nine thousand, forty-
five dollars and forty-four cents ($29,045.44). This represents a five
percent (5%) decrease from the bid three (3) years ago.
staff recommends award of the contract for the annual supply of liquid
chlorine to DXI Industries, low bidder meeting specifications. Adequate
funds for this contract are budgeted in the FY 95/96 Water Production and
Wastewater Treatment Operating Budgets.
Action Required by Council: Award contract for the annual supply of liquid
chlorine to DXI Industries as recommended by Staff.
=
Availability of Funds:
General Fund
Capital Improvement
Other
xxx
Water/Wastewater
General Revenue Sharing
002-804-804-207
Account Number: 002-806-807-207
Funds Available: -XK-YES
NO
Council A end a
r?b
T. Herrera
Manager
DATE
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CITY OF LA PORTE
INTEROFFICE MEMORANDUM
JUNE 5, 1996
TO:
STEVE GILLETT, DIRECTOR OF PUBLIC WORKS
FROM:
SUSAN KELLEY, PURCHASING AGENT
SUBJ:
SEALED BID #0682 - LIQUID CHLORINE
Advertised, sealed bids #0682 - chlorine were opened and read on
June 3, 1996. Bid requests were mailed to four (4) vendors with
one (1) returning a bid.
Low bid was submitted as follows by DXI Industries.
Using estimated yearly quantities, the total cost is $29,045.44.
This is a five percent (5%) decrease from the bid three (3) years
ago.
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 Tabulation
Bid List
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BIDDER'S LIST
SEALED BID #0682 - LIQUID CHLORINE
DXI INDUSTRIES, INC.
P. O. BOX 24600
HOUSTON, TX 77229-4600
ATTN: DONNY CLARK
457-4888
JONES CHEMICAL, INC.
11811 I-10 EAST, SUITE 222
HOUSTON, TX 77029
ATTN: JIM WILSON
455-1641
LESLIE'S SWIMMING POOL SUPPLY
1183 WEST NASA RD. 1
WEBSTER, TX 77598
ATTN: ROBERT F. NEWTON I I
332-1321
VAN WATERS & ROGERS
P. O. BOX 4579
HOUSTON, TX 77210
ATTN: DOUG BILLINGS
644-1601
CHAMBER OF COMMERCE
P.O. BOX 996
LA PORTE, TX 77572-0996
BAYSHORE SUN PUBLISH DATES:
MAY 19, 1996
MAY 26, 1996
BID TABULATION - LIQUID CHLORINE :
DESCRIPTION QTY PRICE PER LB OXI INDUSTRIES
CHLORINE
A. 1 TON CYLINDERS 70 $0.2045 $28.630.00
B. 150 LB. CYLINDERS 6 $0.4616 $415.44
TOTAL $29.045.44