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HomeMy WebLinkAbout1996-06-24 Regular Meeting0 0 MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL JUNE 24, 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, Alton Porter, Deotis Gay, Jack Maxwell and Jerry Clarke Members of Council Absent: Councilperson McLaughlin Members of City Staff and City Employees Present: Director of Finance/ACM Jeff Litchfield, Assistant City Attorney John Armstrong, City Secretary Sue Lenes, Director of Administrative Services Louis Rigby, Director of Planning Guy Rankin, Police Chief Bobby Powell, Assistant Finance Director Cynthia Alexander, Accounting Supervisor Kathy Hutton, City Manager Secretary Carol Buttler Others Present: Mr. David Baker representing HL&P, and a large number of La Porte citizens 2. INVOCATION BY FATHER TOM RAFFERTY - ST. MARY'S CATHOLIC CHURCH The invocation was delivered by Father Tom Rafferty priest for St. Mary's Catholic Church, La Porte, Texas 3. CONSIDER APPROVING MINUTES OF PUBLIC HEARING AND REGULAR MEETING JUNE 10, 1996. Motion was made by Councilperson Sutherland to approve the minutes of June 10. 1996. as presented. Second by Councilperson Clarke. The motion carried, 7 ayes, 0 nays and 1 abstain. Ayes: Councilpersons Sutherland, Cooper, Thrower, Gay, Maxwell, Clarke and Mayor Malone Nays: None Abstain: Councilperson Porter 4. PRESENTATION: TO CITY COUNCIL - BY SAMMY JACOBS - BAY AREA VETERANS Ms. Janice Marsh, a member of the Bay Area Veterans Association, presented a plaque to the City Council in appreciation for the City's assistance in bringing the "Moving Wall" to the City of La Porte. Mayor Malone thanked Ms. Marsh and the Bay Area Veteran Association for the plaques. 5. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL Mr. Charlie Perry, 127 North 4th Street, spoke to Council regarding the procedure for tabling items appearing on agendas. Mr. Perry stated, "It is my understanding there is no rule that requires all of the members of City Council be present, and a reason does not have to be given to table a motion". • • Minutes Regular Meeting La Porte City Council June 24, 1996, Page 2 6. 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 LOT 24 AND LOTS 25-32; BLOCK 64; TOWN OF LA PORTE FROM LOW DENSITY RESIDENTIAL (R-1) TO GENERAL COMMERCIAL (GC) (Ord. 1501-U Tabled at June 10, 1996 meeting) - G. Rankin Mayor Malone announced this item was tabled at the June 10, 1996, City Council meeting with the provisions that it be brought back to the table when a full Council is present. Mayor Malone stated, "As we have no full Council present, according to my understanding and Roberts Rules of Order, then it is a dead issue." Councilperson Porter said he would like more clarification on this issue. He said there was no requirement that would supersede the Charter on this, and we could deal with this tonight if someone pulls it from the table. Assistant City Attorney Armstrong stated, "If the Council desires to pull it from the table by a motion properly made and voted on by Council it can be pulled from the table this evening. You are in control of your agenda% Councilperson Gay asked if this item had to be pulled from the table by the Councilperson who tabled the item originally? Assistant City Attorney Armstrong said anyone could pull the item from the table. Councilperson Maxwell said the motion was made to table this item until we have a full Council present and it was voted on by this Council. After discussion of the rules of order and procedures, Assistant City Attorney Armstrong stated, "It's true, as I understand, the decision that was made last time to put this on the table until there is a full Council present. There is no reason that this Council can not bring it from the table and say we are over ruling our decision of last time". Mr. Charlie Perry tried to approach the mike once again to address Council. Mayor Malone directed Mr. Perry to have a seat explaining that he had been given his allotted time to address Council. Assistant City Attorney Armstrong restated, "You are in control of your agenda. If you desire, by a motion properly made and with a majority of this Council voting on it, to pull it from the table and over rule the determination made at the last meeting. You are in complete control of your agenda and as long as your are not violating state law, which your are not, this meeting has been properly posted for consideration this evening in an open meeting. You are more than welcome to take it up if this Council so desires". Motion was made by Councilperson Gay that item 6. regarding amendment to ordinance 1501 be pulled from the table and be brought back to the Council. Second by Councilperson Porter. The motion carried, 7 ayes and 1 nay. Ayes: Councilpersons Sutherland, Cooper, Thrower, Porter, Gay, Clarke and Mayor Malone Nays: Councilperson Maxwell Director of Planning Guy Rankin reviewed the summary and recommendation by Planning and Zoning to deny the rezoning request #R96-003, and concurred by staff. After discussion by council the following motions and votes were taken: Motion was made by Councilperson Porter to uphold the recommendation by Planning and Zoning and deny the rezoning request #R96-003. Second by Councilperson Gay. The motion carried, 7 ayes and 1 nay. Ayes: Councilpersons Sutherland, Cooper, Thrower, Porter, Gay, Clarke and Mayor Malone Nays: Councilperson Maxwell Minutes Regular Meeting La Porte City Council June 24, 1996, Page 3 Motion was made by Councilperson Sutherland that Council direct the Planning and Zoning Commission to study the non -conforming parcels of the city and recommend whether they should be rezoned, grandfathered, or retained as non -conforming, and if so, what qualification should be placed on their use. Second by Councilperson Maxwell. Motion was made by Councilperson Porter to amend Councilperson Sutherland's original motion by directing the Planning and Zoning Commission to study the impact on preexisting non -conforming residential parcels of the city. Second by Councilperson Clarke. The motion carried, 8 ayes and 0 nay. Ayes: Councilpersons Sutherland, Cooper, Thrower, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None The vote was then held on the original motion by Councilperson Sutherland and second by Councilperson Maxwell. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None Councilperson Clarke asked the Mayor for clarification of the statement regarding the tabled motion of the June 10th meeting, with regard to it being a dead issue if not brought back to the table at tonight's meeting. Councilpersons Clarke and Maxwell stated they would like to have a copy from Roberts Rules of Order regarding this statement. Councilperson Gay reported to Council the reason applicants Bryan and David Moore were seeking a rezoning was to expand their business in the City of La Porte. 7. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE AUTHORIZING A WATER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND GOODYEAR TIRE AND RUBBER COMPANY, BAYPORT CHEMICAL PLANT, FOR PROVISION OF POTABLE WATER SERVICE (Ord. 96-2112) - G. Rankin Director of Planning Guy Rankin reviewed the summary and recommendation for the request to enter into a Water Service Agreement with Goodyear Tire and Rubber, Bayport Chemical Plant. Assistant City Attorney read: ORDINANCE 96-2112 - AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND GOODYEAR TIRE AND RUBBER COMPANY, BAYPORT CHEMICAL PLANT, FOR PROVISION OF POTABLE WATER SERVICE; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Clarke to approve Ordinance 96-2112 as read by the Assistant City Attorney. Second by Councilperson Thrower. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None Minutes Regular Meeting La Porte City Council June 24, 1996, Page 4 8. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND SOUTHERN PACIFIC TRANSPORTATION COMPANY (Ord. 96-2113) - J. Armstrong Assistant City Attorney John Armstrong reviewed the summary and recommendation from staff to authorize the City Manager to execute the agreement between the City and Southern Pacific Transportation Company. Mr. Armstrong reported when executed this agreement will be forwarded to Southern Pacific who in turn will release a right of entry and a go -a -head to Harris County Flood Control District and allow them to commence work on a drainage improvement plan. Assistant City Attorney read: ORDINANCE 96-2113 - AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND SOUTHERN PACIFIC TRANSPORTATION COMPANY; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Clarke to approve Ordinance 96-2113 as read by the Assistant City Attorney. Second by Councilperson Gay. The motion carried, 8 ayes and 0 nays. Ayes: Councilperson Sutherland, Cooper, Thrower, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 9. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF NORTH 12th STREET (Ord. 96-2114) - J. Armstrong 10. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF NORTH 13th STREET (Ord 96-2115) - J. Armstrong 11. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF NORTH 14th STREET (Ord. 96-2116) - J. Armstrong 12. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF NORTH 16th STREET (Ord. 96-2117) - J. Armstrong 13. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF NORTH "H" STREET (Ord. 96-2118) - J. Armstrong 14. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF NORTH "J" STREET (Ord. 96-2119) - J. Armstrong 15. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF NORTH "L" STREET (Ord. 96-2120) - J. Armstrong Minutes Regular Meeting La Porte City Council June 24, 1996, Page 5 16. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF NORTH "P" STREET (Ord. 96-2121) - J. Armstrong Assistant City Attorney John Armstrong reviewed items 9 through 16 regarding the summary and recommendation for vacating, abandoning, and closing a portion of North 12th, 13th, 14th, 16th, North "H", North "J", North "L", North "P" Streets. Mr. Armstrong reported the number of days Southern Pacific Transportation Company shall have will be extended from 14 to 30 days from the effective date of these ordinances to deliver the executed Special Warranty Deeds and Drainage Easement. Assistant City Attorney read: ORDINANCES 96-2114, 96-2115, 96-2116, 96-2117, 96-2118, 96-2119, 96-2120, AND 96-2121- AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF NORTH 12th STREET, NORTH 13th STREET, NORTH 14th Street, NORTH 16th STREET, NORTH "H" STREET, NORTH "J" STREET, NORTH "L" STREET, AND NORTH "P" STREET, WITH THE PROVISION THAT THE CITY OF LA PORTE RESERVE EASEMENTS FOR ITSELF AND FOR ITS FRANCHISE UTILITIES IN 16th STREET, "H" STREET AND "P" STREET, IN THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETING LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Sutherland to approve Ordinance 96-2114, 96-2115, 96-2116, 96-2117, 96-2118, 96-2119, 96-2120, and 96-2121 as read by the Assistant City Attorney. Second by Councilperson Gay. The motion carried, 8 ayes and 0 nay. Ayes: Councilpersons Sutherland, Cooper, Thrower, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 17. ADMINISTRATIVE REPORTS Director of Finance\ACM Jeff Litchfield indicated there were no administrative reports to be presented to Council at this time. 18. COUNCIL ACTION Councilperson Sutherland reminded Council about the Flag Pole dedication at the Livestock Arena on July 1st at 4:30 P.M. Councilpersons Cooper, Porter, Gay, Clarke and Mayor Malone brought items to Council's attention. 19. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084, TEXAS GOVERNMENT CODE, - (CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY, DELIBERATIONREGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, CONFERENCE WITH EMPLOYEES, DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION) There were no items to be taken to executive session. Minutes Regular Meeting La Porte City Council June 24, 1996, Page 6 20. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION There were no considerations for this item. 21. ADJOURNMENT There being no further business to come before Council, the meeting was duly adjourned at 6:56 P.M. Respectfully submitted, Sue Lenes, City Secretary Passed and Approved this the 22nd zorman f July, 1996 L. Malone, Mayor 1p 0 4 1P 0 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. REQA FOR CITY COUNCIL AGENDASM Agenda Date Requested: June 24, 1996 Requested By: Guy Rankin Department: Planning X Report Resolution X Ordinance Exhibits: 1. Rezoning Ordinance 1501-U 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 Council or 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. A Public Hearing was held during the June 10, Council meeting and Council received input from staff, citizens, and the applicant in conjunction with the recommendation of the Planning & Zoning Commission. Council approved a motion to table the item until such time as there is a full Council present. Page 2 of 2 • • June 24, 1996 City Council Rezoning Request #R96-003 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 17, 1996. Action Required by Council: 1. Consider approval or other action of Ordinance 1501-U Availability of Funds: N/A General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: N/A Funds Available: YES NO Approved for City Council Agenda T. Robert T. Herrera City Manager 0 0 REST FOR CITY COUNCIL AGENDA ITIV Agenda Date Requested: June 24- Requested By: Guy R nkinOP' Department: Plannino Report TV Resolution X Ordinance Exhibits: 1. Ordinance 2. Water Service Agreement 3. Policy Providing Water to Industries Outside the City Limits (but within ETJ) 4. Area Map On May 8, 1995, Council approved a policy for provision of potable water service to companies outside the corporate city limits that have current Industrial District Agreements with the City. In addition, the proposed Water Service Agreement that was presented, received approval as to form. The Goodyear Tire and Rubber Company, Bayport Chemical Plant, wishes to pursue water service under the terms and conditions offered by the City. Based on 110 employees, the average monthly demand will be 167,750 gallons, for which Goodyear Tire and Rubber will pay one and one-half (1'�► times the City's current rate. The term of the Water Service Agreement is for five (5) years, plus any renewals and extensions thereof. However, the Agreement shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or if the City exercises the right of termination. Based on 110 employees, Goodyear Tire and Rubber shall be subject to an administrative connection charge in the amount of $11,000. Goodyear Tire and Rubber will tie onto a main that will be installed by Rohm and Haas (Utility Extension Agreement previously approved by Council). Per this agreement, Goodyear will also pay a pro rata fee to City based on the actual construction cost of the waterline. City will then reimburse Rohm and Haas per the terms of our Utility Extension Agreement. A copy of the Water Service Agreement is included for Council's review. Staff recommends approval of the Water Service Agreement submitted. Action Required by Councill: Consider approval of an ordinance authorizing the City to enter into a Water Service Agreement with Goodyear Tire and Rubber, Bayport Chemical Plant. Availability of Funds: General Fund _ Water/Wastewater Capital Improvement _ General Revenue Sharing Other Account Number: Funds Available: YES NO Robert City M DATE ORDINANCE NO. 96- 2112 AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND GOODYEAR TIRE AND RUBBER COMPANY, BAYPORT CHEMICAL PLANT, FOR PROVISION OF POTABLE WATER SERVICE; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated. herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. ORDINANCE NO. 96- 2112 PASSED AND APPROVED, this 24th day of June, 1996. CITY OF LA PORTE n By: ARolr&ah L. Malbilb, Mayor ATTEST: Sue Lenes, City Secretary APPROV G4 Knox W. Askins, City Attorney PAGE 2 • THE GOODYEAR TIRE & RUBBER COMPANY BAYPORT CHEMICAL PLANT PO BOX 669 LA PORTE, TEXAS 77572 March 29, 1996 Gary Miller The Bayport Plant needs to connect to a city potable water line due to problems with our water quality. This is being mandated by the City of LaPorte. GDYR and our neighbor across the street "Rhom Haas" have elected to go together and split the cost of the line which will come off Bay Area Blvd. The Bayport Plant has been accruing the money for this connection. (Approximately $50,000) The cost of the water is based on industry paying a premium over the residential/commercial user. We will pay a base price of 150% the residential rate. This is standard in this area. The water rates that we are entitled to are limited to the current plant size; however, the plant has stated they would need another line to service any new construction if we elect to expand over the years. The plant has done the engineering and all the work with the city to get this agreement done. I told them we could not sign at the plant level anything that was over one year long. I have routed this to legal and through Mr. Mallamaci then for your signature. C I Wendt Regional Purchasing Manager Goodyear Tire & Rubber 96089RDS1027 Niit1, 17)11 3 M P.O. BOX 669 LA PORTE, TX 77572-0669 G. A. Miller D/826 Akron Dear Sir: PHONE (713) 474.4"1 March 26, 1996 Please sign the attached "Water Service Agreement" covering purchase of potable water from the City of La Porte, Texas for the Goodyear Bayport Chemical Plant. Potable water produced by the plant system on occasion fails to meet State of Texas standards. We have indicated to the state that Goodyear will solve this problem by pur- chasing city water. Local accounting has set up an accrual to facilitate the one time payments required in paragraph IV.(A). Thank you. S. A. Frahm Plant Manager attachment cm • • City of La Porte Established 1892 March 22, 1996 Mr. Paul Miller Goodyear Tire and Rubber Company PO Box 669 LaPorte, TX 77572-0669 Re: Proposed Water Service Agreement Revisions Dear Mr. Miller: Attached for your review is a revised proposed Water Service Agreement. This agreement supersedes the one previously forwarded to you on 2/20/96. In general, the only revisions were to Section IV (A), regarding payment to the City and how that cost is determined. As of 3/ 18/96, the City has received plans and specifications for the off site water line along Bay Area Boulevard, and is currently being reviewed by staff. We will keep your office informed as to the status of this line. Again, we look forward to serving Goodyear in the near future. If you have any questions or concerns, please call me at 471-5020, Ext. 257. Respectfull ,,,. Fred D. Thompson, P.E. City Engineer c: John Joerns, Assistant City Manager Guy Rankin, Director of Planning Steve Gillett, Director of Public Works PO 1t— 1 1 1; 0 1 1 i'-!ic. icxn< 77572-1115 - (71 3) 471-5020 STATE OF TEXAS § COUNTY OF HARRIS § WATER SERVICE AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and The Goodyear Tire and Rubber Company, Bayport Chemical Plant, a corporation, hereinafter called "COMPANY". I. COMPANY is the owner of certain real property which is situated in CITY'S Bayport Industrial District and not within the corporate limits of the CITY. CITY and COMPANY are parties to a current Industrial District Agreement. II. COMPANY is desirous of purchasing potable water from CITY for usual human domestic consumption and uses, and not for use for industrial processes of any kind. Previous planning considerations for the long range potable water supply of CITY did not include the needs of property located outside the city limits of CITY. COMPANY recognizes that CITY cannot at this time provide permanent and unlimited water service as requested. CITY agrees, however, to provide limited potable water service to COMPANY. For and in consideration of furnishing domestic potable water by CITY, the parties hereto agree as follows, to -wit: COMPANY has made the following representations to CITY as to its number of employees, as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. Number of Employees on -site 77 Number of Contract Employees 33 • • Total on -site IV. 110 CITY has determined that adequate facilities are available to CITY to furnish potable water to COMPANY based on the following terms and conditions, to -wit: (A) Payment to CITY of a one time administrative connection charge of $11, COMPANY shall also be required to pay an amount equal to one-half (1h) of their frontage length adjacent to the utility main, times the average cost per foot for the original construction of the line. The average cost per foot shall be established by dividing the total final construction cost, less any CITY participation, by the total length of the utility main constructed. (B) The average daily demand is established at 5.500 gallons per day. This number is based on an average of fifty (50) gallons per employee per day established by CITY. (C) The average monthly demand of 167,750 gallons is established by multiplying the average daily demand by a factor of 30.5, which shall be used to facilitate service billings. (D) The cost of water up to the average monthly demand of 167,750 gallons shall be one hundred fifty percent (150%) of the CITY'S current rate as established from time to time for commercial customers inside its corporate limits. (E) The cost of water for amounts used in excess of the established average monthly demand shall be two hundred percent (200%) of the CITY'S current rate as established from time to time for commercial customers inside its corporate limits. (F) Nothing contained in this Agreement shall obligate CITY to furnish more than the average monthly demand of 167,750 gallons. Repeated consumptions • • greater than Lne established average monthly demanu may result in termination of service. (G) CITY shall have the right to interrupt or temporarily suspend said water service to COMPANY if an emergency arises and there is not an adequate water supply to meet the needs of the citizens of La Porte. (H) CITY reserves the right to enforce its drought contingency plan on all water customers at CITY'S sole discretion. (I) COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the furnishing of potable water to customers within the corporate limits of CITY. (J) All plumbing installed by COMPANY connected to the domestic water line from CITY, shall meet all applicable State of Texas and CITY plumbing code requirements,; CITY'S engineering and code enforcement personnel shall have the right of prior review and approval of COMPANY'S plans and specifications for the plumbing system(s). CITY plumbing inspectors shall have the right to inspect any and all work related to the furnishing of potable water to COMPANY. (K) A reduced pressure zone backflow preventer shall be installed and maintained by COMPANY to protect CITY from any possible cross -connections. (L) The potable water supply system will be segregated from any existing and future COMPANY fire protection system. (M) There shall be no resale of the water provided by CITY, nor any extension of service lines by COMPANY to serve other parties. V. All expenses of the installation of the meter; service lines from the main to the meter; and from the meter to COMPANY'S facilities, shall be solely at the expense of COMPANY. • • COMPANY shall own and maintain all service lines and plumbing racilities beyond the meter. CITY shall own the meter. VI. CITY shall have final authority over size, location, materials, and other engineering matters concerning the extension of water mains to COMPANY'S property. CITY will have ownership and maintenance responsibility for its water mains, up to COMPANY'S water meter. In the event the Harris County license, permit, or permission to install the water main is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement. VII. CITY reserves the right of entry at all reasonable times for the purpose of inspection of COMPANY'S water facilities, and to observe compliance with the terms and conditions of this Agreement. When exercising its right of entry, CITY agrees to follow established health and safety policies in effect at COMPANY'S facility. VIII. CITY reserves the right to terminate this agreement in the event of violation of the terms and provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects within ten (10) days may result in termination of Agreement. CITY shall have the right to summarily correct, at COMPANY's expense, any defect or deficiency, when in its opinion the integrity of the public water supply is threatened. IX. Upon receipt of written notice of termination, COMPANY shall have up to six (6) months to prepare for transition to another water supply. If the transition is not complete within said six month period, CITY shall have the right to terminate water service at its sole discretion. 0 X. 0 In the event of any conflict between the terms and provisions of this Water Service Agreement and the terms and provisions of the Industrial District Agreement between the parties, the terms and provisions of the Water Service Agreement shall control, to the extent of such conflict. The term of this Agreement shall be for five years plus any renewals and extensions thereof. However, this Agreement shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or if CITY exercises its right of termination. ENTERED INTO effective the day of �� 1996. T;rle. . P�L rKrow"' T SEC VARY ATTEST: CIT OF LA PORTE By: r-- — City Secretary Norman L. Malone Mayor APPROVED: 6z'7�a� , Knox W. Askins City Attorney City of La Porte PO Box 1218 LaPorte, TX 77572-1218 By: �c„JC l �.� Robert T. Herrera City Manager City of La Porte PO Box 1115 LaPorte, TX 77572-1115 Phone: (713) 471-1886 Phone: (713) 471-5020 Fax: (713) 471-2047 Fax: (713) 471-7168 REQUOT FOR CITY COUNCIL AGENDAEM Agenda Date Requested: Ju 996 Requested By: John Joerns Department: Administration Report Resolution x Ordinance Exhibits: 1. Ordinance Authorizing City Manager to Execute Agreement 2. Agreement between City of La Porte and Southern Pacific Transportation Company ■ Graphic Representation of Exhibits A & B (Not the Actual Exhibits) 3. Various Ordinance's Closing, Vacating and Abandoning Certain Streets in La Porte ■ See Items 9-16 of Council Agenda SUMMARY & RECOMMENDATION Tonight Council will be asked to approve an Ordinance which authorizes the City Manager to execute an Agreement with Southern Pacific Transportation Company (S.P.). The major features of this Agreement follow concepts established in the late 1980's with the Planning & Zoning Commission and later endorsed by City Council. This Agreement provides for an exchange of rights -of -way between City and S.P. to accommodate both immediate and long term improvements to the F101 watershed and provide rights -of -way for future roadways. The essential features of the Agreement are as follows: City Agrees to; ■ Close, vacate and abandon various portions of 12th, 13th, 14th, 16th, "H", "J", "L" and "P" Streets. " City retains easements in 16th, "H" and "P" Street for various utilities. Southern Pacific Transportation Company Agrees to; ■ Convey to City right-of-way for future use as 16th and "J" Streets. ■ Convey to City two tracts of land for future improvements to the F101 and F216 watersheds. ■ Convey to the Public a drainage easement for future improvements to the F101 watershed. The Agreement also provides for protection of cooperation clauses that allow for the parties tc easements and utilities by mutual consent. The reservations necessary for both the City and S.P. for certain closing obligations to be met. utilities, a pipeline corridor and provides several later adjust right-of-way alignments and relocate Agreement also provides certain protections and to conduct their respective business and provides The execution of the Agreement by S.P. and delivery of supporting documents will take place after tonight's meeting and will be monitored by John Armstrong, Assistant City Attorney. As noted at the June 10th Council meeting, it is necessary that Council approve the Agreement (and subsequent street closings) on tonights agenda so that S.P. can release Harris County Flood Control District from a coordination clause in their Construction Agreement. This allows HCFCD to award (prior to expiration of their bid) the construction contract for installation of two culverts underneath Strang Yard. The Master Agreement is included in your package along with two exhibits that depict Exhibit A & B to the Agreement. (Actual exhibits are 24" x 36" and too cumbersome to include in the Agenda package). The related Street Closing Ordi*ces are also included as subsegjs items in tonights agenda. If any Councilmember wishes to view the other documents, i.e. form of S.P.'s Drainage Easement to the City, the Special Warranty Deeds to the City, the City's Quit Claim Deeds or the actual Exhibit A & B they may do so at the City Secretary's Office. I wish to thank Planning & Zoning Commission and City Council for their continued support of this lengthy but important planning and negotiating process. I would also like to thank Knox Askins and John Armstrong for their input and review of the initial and final form of the Agreement. Unfortunately, I will not be at the Council meeting of June 24th, however, John Armstrong is intimately familiar with the Agreement and can answer any questions in my absence. Action Required by City Council ■ Approve Ordinance authorizing City Manager to execute this Agreement between City and S.P. ■ Approve subsequent Street and Alley Closing Ordinance's on tonights agenda; items 9 through 16. Availability of Funds: N/A General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: YES NO Approved for City Council Agenda Ordinance No. 96-2113 AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND SOUTHERN PACIFIC TRANSPORTATION COMPANY; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law 'at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 24th day of June , 1996. BY: ATTEST: City Secretary CITY OF LA PORTE • STATE OF TEXAS S S COUNTY OF HARRIS S AGREEMENT 0 c(OFIly 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 Corporation, hereinafter referred to as "S.P." WHEREAS, S.P. owns a 219 Acre tract in the City of La Porte; all of which is 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 sometimes hereinafter referred to as "the S.P. Property"; and WHEREAS, S.P. currently operates a railroad 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 AFFECT "THE S.P. PROPERTY"; C� • 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 and quit claim deeds, 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 "L" 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. 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. C. North 14th 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 "L" Street to the north right-of-way line of North "J" Street; 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. d. North 16th Street -from the north line of the Johnson Hunter Survey to the centerline of North "H" Street; 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. 2 e. North "H" Street -Between the west right-of-way line of North 13th Street and the east right-of-way line of North 16th Street; thence, the north forty feet (401) of North "H" Street from the west right-of-way line North 16th to the west line of the Johnson Hunter Survey, A-35; 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 west right-of- way line of North 16th to the west line of the Johnson Hunter Survey. g. North "L" 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 west right-of- way line of North 16th to the west line of the Johnson Hunter Survey. h. North "P" 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 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. City and S.P. agree that S.P., shall have the right to relocate at S.P.'s expense, the easements reserved for existing and proposed utilities in paragraphs 1(d), 1(e), and 1(h) of this Agreement. City agrees to cooperate with S.P. in relocating utilities and easements held by City and those held by third parties. Said relocation shall be by mutual consent of S.P. and the appropriate utility owner. 3 • • 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: a. An area, 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 "J" 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 reasonable adjustments to the 16th Street and "J" Street rights - of -way shall be determined by mutual agreement between City and S.P. at a future date. Both City and S.P. shall cooperate one with the other to facilitate reasonable adjustments to the dedication of said 16th Street and "J" Street rights -of -way. Any such adjustment of said rights -of -way shall conform substantially to the alignment shown on Exhibit "B", attached hereto, conform to City standards and recognized traffic engineering principles. It is further agreed between City and S.P. that the dedication of 16th Street and "J" 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. b. S.P. shall grant and dedicate to the Public, an easement for drainage purposes shown 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 subject to City's ordinances and policies regarding such development. 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 4 0 • 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. C. Two tracts shown 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. 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. It is further agreed, unless modified by mutual agreement, that if S.P., or its successors and assigns, participates with City in the construction of a bridge, over the 230 foot drainage right-of-way, its maximum contribution shall be 40% of the expenses associated with construction of said bridge. City shall have the right to designate and or approve the outside consulting engineer to design and supervise the construction of such bridge. 4. EXISTING PIPELINE CORRIDOR: City and S.P. recognize existence of a pipeline corridor, running east and west, parallel to and south of 230 foot easement and right-of-way conveyed in paragraph 2 of this agreement by S.P. to City. Both City and S.P. 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 S.P. 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. 5. CITY'S ORDINANCES AND QUIT CLAIM DEEDS ATTACHED: City's proposed forms of quit claim deeds and ordinances vacating, abandoning, and closing rights -of -way described in 5 0 L� Paragraph 1 are attached hereto as Exhibits 11C-1" through. Exhibits "C-811, incorporated by reference herein, and made a part hereof for all purposes. 6. 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. 7. 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. 8. 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), and Section 2 (c) and the easement referred to in Section 2 (b) by S.P. to City; e. Passage by City Council of City Ordinances in forms attached to this Agreement authorizing closing of street and alleys referred to in Section 1(a) through 1(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. 9. 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, 6 i of City. 10. 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. 11. GOVERNING LAW: This contract between City and S.P. shall be governed by and construed according to the laws of Texas. 12. PARTIAL INVALIDITY: If any provision 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. 13. 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. 14. 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. 15. 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: VA 0 • The City of La Porte Attention: John E. Joerns, Assistant City Manager 604 W. Fairmont Parkway P. O. Box 1115 La Porte, Texas 77572-1115 (713) 471-5020 Telephone (713) 471-7168 Facsimile Southern Pacific Transportation Company ATTEST: Sue Lenes City Secretary APPROVED: John D. Armstrong Assistant City Attorney THE CITY OF LA PORTE By: Robert T. Herrera City Manager By: Title: SOUTHERN PACIFIC TRANSPORTATION COMPANY 8 RIGHTS 0 WAY TO BE CLOSED :PRESENTATION V of llbIr Pr)W Rr FASFMFNTS 0 1,066,013 FT 2 NEW ROW 389,545 Ff2 EASEMENT RETAINED 1,455,558 FT2 TOTAL --- EASEMENT RETAINED GRAPHICAL REPRESENTATION OF EXHIBIT "B" (North 12th Street -S.P.) ORDINANCE NO. 96-2114 AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF NORTH 12th STREET, IN THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by Southern Pacific Transportation Company, the record owner of all of the property abutting the hereinafter described portion of North 12th Street, in the Town of La Porte, Harris County, Texas, to vacate, abandon, and permanently close that portion of North 12th Street; and WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine and declare that the hereinafter described portion of North 12th Street, Town of La Porte, Harris County, Texas, is not suitable, needed, or beneficial to the public as a public road, street and alley, and that the closing of the hereinafter described portion of North 12th Street, Town of La Porte, Harris County, Texas, is for the protection of the public and for the public interest and benefit, and that in exchange for the consideration hereinafter described, the hereinafter described portion of said North 12th Street, should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE Section 1. Under and by virtue of the power granted to the City of La Porte under its Home Rule Charter and Chapter 13, Title 28, Article 1175, of the Revised Civil Statutes of the State of Texas, 1925, the hereinafter described portion of North 12th Street, Town of La Porte, Harris County, Texas, subject to receipt of the consideration EXHIBIT "C -1" 1 0 0 ORDINANCE NO. 96-2114 PAGE 2 hereinafter described from Southern Pacific Transportation Company, is hereby permanently vacated, abandoned and closed by the City of La Porte, to -wit: Being that portion of 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 "L" 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. Section 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252 -17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This ordinance shall be effective from and after its passage and approval, and IT IS SO ORDERED. Applicant, Southern Pacific Transportation Company, shall have thirty (30) days from the effective date hereof to deliver unto the City of La Porte, in recordable form, its duly executed Special Warranty Deeds and Drainage Easement conveying the property described in Paragraphs 2a, 2b, and 2c of that certain agreement made and entered into by and between the City of La Porte and Southern Pacific Transportation Company, dated June 24, 1996. The City Secretary shall EXHIBIT "C -1" ORDINANCE NO. 96-2114 PAGE 3 not issue a certified copy of this Ordinance until said Special Warranty Deeds and Drainage Easement are delivered to the City Secretary of the City of La Porte. If such delivery has not been made within thirty (30) days from the effective date hereof, this Ordinance shall be null and void. PASSED AND APPROVED, this AQ day of ` 3� e,, 1996. ATTEST: <�" Z"",/) City Secretary CITY OF LA PORTE BY: .41 Norman L. Malone, M yor 10:40MI: IANUOM (North 13th Street -S.P.) ORDINANCE NO. 96-2115 AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF NORTH 13TH STREET, IN THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by Southern Pacific Transportation Company, the record owner of all of the property abutting the hereinafter described portion of North 13th Street, in the Town of La Porte, Harris County, Texas, to vacate, abandon, and permanently close that portion of North 13th Street; and WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine and declare that the hereinafter described portion of North 13th Street, Town of La Porte, Harris County, Texas, is not suitable, needed, or beneficial to the public as a public road, street and alley, and that the closing of the hereinafter described portion of North 13th Street, Town of La Porte, Harris County, Texas, is for the protection of the public and for the public interest and benefit, and that in exchange for the consideration hereinafter described, the hereinafter described portion of said North 13th Street, should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE Section 1. Under and by virtue of the power granted to the City of La Porte under its Home Rule Charter and Chapter 13, Title 28, Article 1175, of the Revised Civil Statutes of the State of Texas, 1925, the hereinafter described portion of North 13th Street, Town of La Porte, Harris County, Texas, is, subject to receipt of the consideration EXHIBIT "C -2" ORDINANCE NO. 96-2115 PAGE 2 hereinafter described from Southern Pacific Transportation Company, hereby permanently vacated, abandoned and closed by the City of La Porte, to -wit: Being that portion of North 13th Street from the north line of the Johnson Hunter Survey to the south line of the Southern Pacific Railroad right-of-way, Section 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This ordinance shall be effective from and after its passage and approval, and IT IS SO ORDERED. Applicant, Southern Pacific Transportation Company, shall have thirty (30) days from the effective date hereof to deliver unto the City of La Porte, in recordable form, its duly executed Special Warranty Deeds and Drainage Easement conveying the property described in Paragraphs 2a, 2b, and 2c of that certain agreement made and entered into by and between the City of La Porte and Southern Pacific Transportation Company, dated June 24, 1996. The City Secretary shall not issue a certified copy of this Ordinance until said Special Warranty Deeds and Drainage Easement are delivered to the City Secretary of the City of La Porte. If such EXHIBIT "C -2" ORDINANCE NO. 96-2115 PAGE 3 delivery has not been made within thirty (30) days from the effective date hereof, this Ordinance shall be null and void. PASSED AND APPROVED, this ,QVW day of-�un�e� , 1996. CITY OF LA PORTE BY: ZA�-� rman L. Malone, Maor ATTEST: City Secretary EXHIBIT "C -2" 0 0 (North 14th Street -S.P.) ORDINANCE NO. 96-2116 AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF NORTH 14th STREET, IN THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by Southern Pacific Transportation Company, the record owner of all of the property abutting the hereinafter described portion of North 14th Street, in the Town of La Porte, Harris County, Texas, to vacate, abandon, and permanently close that portion of North 14th Street; and WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine and declare that the hereinafter described portion of North 14th Street, Town of La Porte, Harris County, Texas, is not suitable, needed, or beneficial to the public as a public road, street and alley, and that the closing of the hereinafter described portion of North 14th Street, Town of La Porte, Harris County, Texas, is for the protection of the public and for the public interest and benefit, and that in exchange for the consideration hereinafter described, the hereinafter described portion of said North 14th Street, should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE Section 1. Under and by virtue of the power granted to the City of La Porte under its Home Rule Charter and Chapter 13, Title 28, Article 1175, of the Revised Civil Statutes of the State of Texas, 1925, the hereinafter described portion of North 14th EXHIBIT "C -3" ORDINANCE NO. 96-2116 PAGE 2 Street, Town of La Porte, Harris County, Texas, subject to receipt of the consideration hereinafter described by Southern Pacific Transportation Company, is hereby permanently vacated, abandoned and closed by the City of La Porte, to -wit: Being that portion of North 14th 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 "L" Street to the north right-of-way line of North "J" Street; 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. Section 2. The iCity Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252 -17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This ordinance shall be effective from and after its passage and approval, and IT IS SO ORDERED. Applicant, Southern Pacific Transportation Company, shall have thirty (30) days from the effective date hereof to deliver unto the City of La Porte, in recordable form, its duly executed Special Warranty Deeds and Drainage Easement conveying the property described in Paragraphs 2a, 2b, and 2c of that certain agreement made and entered into by and between the City of La Porte and EXHIBIT "C -3" ORDINANCE NO. 96-2116 PAGE 3 Southern Pacific Transportation Company, dated June 24, 1996. The City Secretary shall not issue a certified copy of this Ordinance until said Special Warranty Deeds and Drainage Easement are delivered to the City Secretary of the City of LaPorte. If such delivery has not been made within thirty (30) days from the effective date hereof, this Ordinance shall be null and void. PASSED AND APPROVED, this 24th day of June , 1996. ATTEST: City Secretary CITY OF LA PORTS BY: �"4��k� orman L. Mal ne, Mayor EXHIBIT "C -3" i 0 (North 16th Street -S.P.) ORDINANCE NO. 96-21 17 AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF NORTH 16th STREET, IN THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; RETAINING AN EASEMENT FOR EXISTING WATER, SEWER, POWER AND TELEPHONE FACILITIES; 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 Southern Pacific Transportation Company, the record owner of all of the property abutting the hereinafter described portion of North 16th Street, in the Town of La Porte, Harris County, Texas, to vacate, abandon, and permanently close that portion of North 16th Street; and WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine and declare that the hereinafter described portion of North 16th Street, Town of La Porte, Harris County, Texas, is not suitable, needed, or beneficial to the public as a public road, street and alley, and that the closing of the hereinafter described portion of North 16th Street, Town of La Porte, Harris County, Texas, is for the protection of the public and for the public interest and benefit, and that in exchange for the consideration hereinafter described, the hereinafter described portion of said North 16th Street, should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE Section 1. Under and by virtue of the power granted to the City of La Porte under its Home Rule Charter and Chapter 13, Title 28, Article 1175, of the Revised Civil Statutes of the State of Texas, 1925, the hereinafter described portion of North 16th EXHIBIT "C 4' 0 • ORDINANCE NO. 96-2117 PAGE 2 Street, Town of La Porte, Harris County, Texas, subject to receipt of the consideration hereinafter described from Southern Pacific Transportation Company, is hereby permanently vacated, abandoned and closed by the City of La Porte, to -wit: Being that portion of North 16th Street -from the north line of the Johnson Hunter Survey to the centerline of North "H" Street; Notwithstanding anything to the contrary contained in this Ordinance, City excepts from the Ordinance and reserves unto City and City's successors and assigns, and S.P. by S.P.'s acceptance of a Quit Claim Deed hereby grants and conveys unto City and City's successors and assigns, a perpetual, exclusive easement (the "Utility Easement") in, over, under, through and across the property described above for the construction, reconstruction, installation, reinstallation, removal, replacement, maintenance, repair, restoration, use and/or operation of existing water, sewer, and drainage facilities contained within said area; together with a limited right-of-way and right -of -access for purposes of ingress and egress for maintenance of said utilities. Provided further, that City excepts from the property and reserves unto City, and its franchise utilities, specifically including Houston Lighting & Power Company and Southwestern Bell Telephone Company, an easement for electrical transmission and distribution lines consisting of a variable number of wires and cables and all necessary or desirable appurtenances; and telecommunications lines consisting of various wires and cables and all necessary or desirable appurtenances, whether for franchise utilities use in its business or for other purposes located at, below, and above ground level on, over, under, and across the afore -described property; said reservation being for the EXHIBIT "C 4" ORDINANCE NO. 96-2117 PAGE 3 construction, reconstruction, installation, reinstallation, removal, replacement, maintenance, repair, restoration, use and/or operation of said utilities, together with rights of reasonable ingress and egress thereupon for maintenance. The easement width may be reduced from the full right-of-way width retained herein by granting individual (or collective) easements to each utility company specifying the specific easement widths and needs of each utility. Section 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252 -17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This ordinance shall be effective from and after its passage and approval, and IT IS SO ORDERED. Applicant, Southern Pacific Transportation Company, shall have thirty (30) days from the effective date hereof to deliver unto the City of La Porte, in recordable form, its duly executed Special Warranty Deeds and Drainage Easement conveying the property described in Paragraphs 2a, 2b, and 2c of that certain agreement made and entered into by and between the City of La Porte and Southern Pacific Transportation Company, dated June 24, 1996. The City Secretary shall not issue a certified copy of this Ordinance until said Special Warranty Deeds and EXHIBIT "C -4" ORDINANCE NO. 96-2117 PAGE 4 Drainage Easement are delivered to the City Secretary of the City of La Porte. If such delivery has not been made within thirty (30) days from the effective date hereof, this Ordinance shall be null and void. PASSED AND APPROVED, this 441,� day of Ut4-&Je, , 1996. ATTEST: City Secretary CITY OF LA PORTE 14orman L. Malone, Mayor EXHIBIT "C -4" 0 (North "H" Street -S.P.) ORDINANCE NO. 96-21 1 R AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF NORTH "H" STREET, IN THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; RETAINING AN EASEMENT IN FAVOR OF HOUSTON LIGHTING & POWER COMPANY; 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 Southern Pacific Transportation Company, the record owner of all of the property abutting the hereinafter described portion of North "H" Street, in the Town of La Porte, Harris County, Texas, to vacate, abandon, and permanently close that portion of North "H" Street; and WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine and declare that the hereinafter described portion of North "H" Street, Town of La Porte, Harris County, Texas, is not suitable, needed, or beneficial to the public as a public road, street and alley, and that the closing of the hereinafter described portion of North "H" Street, Town of LaPorte, Harris County, Texas, is for the protection of the public and for the public interest and benefit, and that in exchange for the consideration hereinafter described, the hereinafter described portion of said North "H" Street, should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE Section 1. Under and by virtue of the power granted to the City of La Porte under its Home Rule Charter and Chapter 13, Title 28, Article 1175, of the Revised Civil Statutes of the State of Texas, 1925, the hereinafter described portion of North "H" EXHIBIT "C -5" ORDINANCE NO. 96-2118 PAGE 2 Street, Town of La Porte, Harris County, Texas, in exchange for the consideration hereinafter described, is hereby permanently vacated, abandoned and closed by the City of LaPorte, to -wit: North "H" Street -Between the west right-of-way line of North 13th Street and the east right-of-way line of North 16th Street; and, the north 40' of North "H" Street from the west right-of-way line of North 16th street to the west line of the Johnson Hunter Survey, A-35. Notwithstanding anything to the contrary contained in this Ordinance, City excepts from the property described in Paragraph 1 above and reserves unto City, and its franchise utilities, their successors and assigns, specifically including Houston Lighting and Power Company and Southwestern Bell Telephone Company and S.P. by S.P.'s acceptance of a Quit Claim Deed hereby grants and conveys unto City and City's successors and assigns, an easement for electrical transmission and distribution lines consisting of a variable number of wires and cables and all necessary or desirable appurtenances; and telecommunications lines consisting of various wires and cables and all necessary or desirable appurtenances, whether for franchise utilities use in its business or for other purposes located at, below, and above ground level on, over, and across the afore - described property; said reservation being for the construction, reconstruction, installation, reinstallation, removal, replacement, maintenance, repair, restoration, use and/or operation of said utilities, together with rights of reasonable ingress and egress thereupon for maintenance ("Utility Easement"). EXHIBIT "C -5" ORDINANCE NO. 96-2118 PAGE 3 Furthermore, in the event Southwestern Bell Telephone Company currently has existing utilities on the property described in Paragraph 2 above, the City excepts from this property and reserves unto the City, Southwestern Bell and their successors and assigns, a Utility Easement on, under, over, and along the property described in Paragraph 2 above. The easement width may be reduced from the full right-of-way width retained herein by granting an easement to the utility companies described above specifying the specific easement width and needs of the utility companies described above. Section 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This ordinance shall be effective from and after its passage and approval, and IT IS SO ORDERED. Applicant, Southern Pacific Transportation Company, shall have thirty (30) days from the effective date hereof to deliver unto the City of La Porte, in recordable form, its duly executed Special Warranty Deeds and EXHIBIT "C -5" ORDINANCE NO. 96-2118 PAGE 4 Drainage Easement conveying the property described in Paragraphs 2a, 2b, and 2c of that certain agreement made and entered into by and between the City of La Porte and Southern Pacific Transportation Company, dated June 24, 1996. The City Secretary shall not issue a certified copy of this Ordinance until said Special Warranty Deeds and Drainage Easement are delivered to the City Secretary of the City of La Porte. If such delivery has not been made within thirty (30) days from the effective date hereof, this Ordinance shall be null and void. PASSED AND APPROVED, this day of -Soto , 1996. ATTEST: CPO City Secretary CITY OF LA PORTE BY: orman L. Maione, Mayor EXHIBIT "C -5" 0 0 (North "J" Street -S.P.) ORDINANCE NO. 96-2119 AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF NORTH "J" STREET, IN THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by Southern Pacific Transportation Company, the record owner of all of the property abutting the hereinafter described portion of North "J" Street, in the Town of La Porte, Harris County, Texas, to vacate, abandon, and permanently close that portion of North "J" Street; and WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine and declare that the hereinafter described portion of North "J" Street, Town of LaPorte, Harris County, Texas, is not suitable, needed, or beneficial to the public as a public road, street and alley, and that the closing of the hereinafter described portion of North "J" Street, Town of La Porte, Harris County, Texas, is for the protection of the public and for the public interest and benefit, and that in exchange for the consideration hereinafter described, the hereinafter described portion of said North "J" Street, should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE Section 1. Under and by virtue of the power granted to the City of La Porte under its Home Rule Charter and Chapter 13, Title 28, Article 1175, of the Revised Civil Statutes of the State of Texas, 1925, the hereinafter described portion of North "J" Street, Town of La Porte, Harris County, Texas, subject to receipt of the consideration EXHIBIT "C -6" ORDINANCE NO. 96-2119 PAGE 2 hereinafter described from Southern Pacific Transportation Company, is hereby permanently vacated, abandoned and closed by the City of La Porte, to -wit: Being that portion of 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 west right-of-way line of North 16th Street to the west line of the Johnson Hunter Survey; Section 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This ordinance shall be effective from and after its passage and approval, and IT IS SO ORDERED. Applicant, Southern Pacific Transportation Company, shall have thirty (30) days from the effective date hereof to deliver unto the City of La Porte, in recordable form, its duly executed Special Warranty Deeds and Drainage Easement conveying the property described in Paragraphs 2a, 2b, and 2c of that certain agreement made and entered into by and between the City of La Porte and Southern Pacific Transportation Company, dated June 24, 1996. The City Secretary shall not issue a certified copy of this Ordinance until said Special Warranty Deeds and EXHIBIT "C -6" ORDINANCE NO. 96-2119 PAGE 3 Drainage Easement are delivered to the City Secretary of the City of LaPorte. If such delivery has not been made within thirty (30) days from the effective date hereof, this Ordinance shall be null and void. PASSED AND APPROVED, this a' f day of � , 1996. ATTEST: City Secretary CITY OF LA PORTE BY: �-- Norman L. alone, Mayor EXHIBIT "C -6" 0 0 (North "L" Street -S.P.) ORDINANCE NO. 96-2120 AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF NORTH "L" STREET, IN THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by Southern Pacific Transportation Company, the record owner of all of the property abutting the hereinafter described portion of North "L" Street, in the Town of La Porte, Harris County, Texas, to vacate, abandon, and permanently close that portion of North "L" Street; and WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine and declare that the hereinafter described portion of North "L" Street, Town of La Porte, Harris County, Texas, is not suitable, needed, or beneficial to the public as a public road, street and alley, and that the closing of the hereinafter described portion of North "L' Street, Town of La Porte, Harris County, Texas, is for the protection of the public and for the public interest and benefit, and that in exchange for the consideration hereinafter described, the hereinafter described portion of said North "L" Street, should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE Section 1. Under and by virtue of the power granted to the City of La Porte under its Home Rule Charter and Chapter 13, Title 28, Article 1175, of the Revised Civil Statutes of the State of Texas, 1925, the hereinafter described portion of North "L" Street, Town of LaPorte, Harris County, Texas, subject to receipt of the consideration EXHIBIT "C -7" ORDINANCE NO. 96-2120 PAGE 2 hereinafter described from Southern Pacific Transportation Company, is hereby permanently vacated, abandoned and closed by the City of La Porte, to -wit: Being that portion of North ' L" 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 west right-of-way line of North 16th to the west line of the Johnson Hunter Survey. Section 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This ordinance shall be effective from and after its passage and approval, and IT IS SO ORDERED. Applicant, Southern Pacific Transportation Company, shall have thirty (30) days from the effective date hereof to deliver unto the City of La Porte, in recordable form, its duly executed Special Warranty Deeds and Drainage Easement conveying the property described in Paragraphs 2a, 2b, and 2c of that certain agreement made and entered into by and between the City of La Porte and Southern Pacific Transportation Company, dated June 24, 1996. The City Secretary shall not issue a certified copy of this Ordinance until said Special Warranty Deeds and EXHIBIT "C -7" ORDINANCE NO. 96-2120 PAGE 3 Drainage Easement are delivered to the City Secretary of the City of La, Porte. If such delivery has not been made within thirty (30) days from the effective date hereof, this Ordinance shall be null and void. PASSED AND APPROVED, this 24th day of .Tune , 1996. ATTEST: City Secretary • CITY OF I.A PORTE BY:A Orman K Nfaiofie, Mayor EXHIBIT "C -7" i Z6 (North "P" Street -S.P.) ORDINANCE NO. 96-2121 AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF NORTH "P" STREET, IN THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; RETAINING AN EASEMENT FOR EXISTING WATER, SEWER, POWER AND TELEPHONE FACILITIES; 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 Southern Pacific Transportation Company, the record owner of all of the property abutting the hereinafter described portion of North "P" Street, in the Town of La Porte, Harris County, Texas, to vacate, abandon, and permanently close that portion of North "P" Street; and WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine and declare that the hereinafter described portion of North "P" Street, Town of LaPorte, Harris County, Texas, is not suitable, needed, or beneficial to the public as a public road, street and alley, and that the closing of the hereinafter described portion of North "P" Street, Town of La Porte, Harris County, Texas, is for the protection of the public and for the public interest and benefit, and that in exchange for the consideration hereinafter described, the hereinafter described portion of said North "P" Street, should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE Section 1. Under and by virtue of the power granted to the City of La Porte under its Home Rule Charter and Chapter 13, Title 28, Article 1175, of the Revised Civil Statutes of the State of Texas, 1925, the hereinafter described portion of North "P" EXHIBIT "C -8" ORDINANCE NO. 96-2121 PAGE 2 Street, Town of LaPorte, Harris County, Texas, subject to receipt of the consideration hereinafter described from Southern Pacific Transportation Company, is hereby permanently vacated, abandoned and closed by the City of La Porte, to -wit: Being that portion of North 'P" 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. Notwithstanding anything to the contrary contained in this Ordinance, City excepts from the Ordinance and reserves unto City and City's successors and assigns, and S.P. by S.P.'s acceptance of a Quit Claim Deed hereby grants and conveys unto City and City's successors and assigns, a perpetual, exclusive easement (the "Utility Easement") in, over, under, through and across the property described above for the construction, reconstruction, installation, reinstallation, removal, replacement, maintenance, repair, restoration, use and/or operation of existing water, sewer, and drainage facilities contained within said area; together with a limited right-of-way and right -of -access for purposes of ingress and egress for maintenance of said utilities. Provided further, that City excepts from the property and reserves unto City, and its franchise utilities, specifically including Houston Lighting & Power Company and Southwestern Bell Telephone Company, an easement for electrical transmission and distribution lines consisting of a variable number of wires and cables and all necessary or desirable appurtenances; and telecommunications lines consisting of various wires and cables and all necessary or desirable appurtenances, whether for franchise utilities use in its business or for other purposes located at, below, and above ground level on, over, under, and across the afore -described property; said reservation being for the EXHIBIT "C -8" ORDINANCE NO. 96-2121 PAGE 3 construction, reconstruction, installation, reinstallation, removal, replacement, maintenance, repair, restoration, use and/or operation of said utilities, together with rights of reasonable ingress and egress thereupon for maintenance. The easement width may be reduced from the full right-of-way width retained herein by granting individual (or collective) easements to each utility company specifying the specific easement widths and needs of each utility. Section 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This ordinance shall be effective from and after its passage and approval, and IT IS SO ORDERED. Applicant, Southern Pacific Transportation Company, shall have thirty (30) days from the effective date hereof to deliver unto the City of La Porte, in recordable form, its duly executed Special Warranty Deeds and Drainage Easement conveying the property described in Paragraphs 2a, 2b, and 2c of that certain agreement made and entered into by and between the City of La Porte and EXHIBIT "C -8" ORDINANCE NO. 96-2121 PAGE 4 Southern Pacific Transportation Company, dated June 24, 1996. The City Secretary shall not issue a certified copy of this Ordinance until said Special Warranty Deeds and Drainage Easement are delivered to the City Secretary of the City of LaPorte. If such delivery has not been made within thirty (30) days from the effective date hereof, this Ordinance shall be null and void. PASSED AND APPROVED, this 24th day of .Tune , 1996. ATTEST: City Secretary CITY OF LA PORTE BY: �"— orman L. Malone, Mayor EXHIBIT "C -8"