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HomeMy WebLinkAbout1998-02-23 Regular Meeting of City Council0 0. MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL FEBRUARY 23, 1998 1. CALL TO ORDER The meeting was called to order by Mayor Pro-Tem Guy Sutherland at 6:00 p.m. Members of City Council Present: Mayor Pro-Tem Guy Sutherland, Councilpersons Chuck Engelken, Howard Ebow, Bob McLaughlin, Alton Porter, Deotis Gay, Jack Maxwell and Jerry Clarke. Members of Council Absent: Mayor Norman L. Malone Members of City Executive Staff and City Employees Present: City Manager Robert T. Herrera, Assistant City Manager John Joerns, City Attorney Knox Aski.ns, Police Chief Bobby Powell, City Secretary Martha Gillett, Planning Director Guy Rankin, City Engineer Doug Kneupper, Director of Administrative Services Louis Rigby and Public Works Director Steve Gillett. Others Present: Peter Griffiths, Cleo Davison, Mr. and Mrs. Farkas, Spero Pomonis, Jan Lawler, Beth Rickert, Mr. and Mrs. Cox, Bea Svambera and a number of La Porte Citizens. 2. INVOCATION - REVEREND BEATRICE CHUN - CHRIST LUTHERAN CHURCH Reverend Chun delivered the invocation. 3. CONSIDER APPROVING MINUTES OF REGULAR MEETING ON FEBRUARY 9, 1998. Motion was made by Councilperson Clarke to approve the minutes of February 9. 1998 as presented. Second by Councilperson Engelken. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Engelken, Ebow, McLaughlin, Porter, Gay, Maxwell, Clarke, and Mayor Pro-Tem Guy Sutherland.. Nays: None 0 s City Council Meeting Minutes - February 23, 1998 Page 2. 4. PROCLAMATIONS: A. EDUCATION FOUNDATION CELEBRATION Mayor Pro -Tern Guy Sutherland proclaimed March 19, 1998 as the fifth annual Education Foundation Celebration Day. Jan Lawler accepted the award and invited everyone to attend. She noted she expected approximately 1000 people would attend. B. TEXAS PUBLIC SCHOOLS WEEK Mayor Pro-Tem Guy Sutherland proclaimed March 15 through 21, 1998 as Texas Public Schools Week. Cleo Davison and Beth Rickert accepted the award and thanked everyone. 5. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL There: were no citizens wishing to address City Council. 6. CONSIDER APPROVAL OR OTHER ACTION REGARDING A RESOLUTION AUTHORIZING THE ACQUISITION OF RIGHTS -OF - WAY FOR FLOOD CONTROL PURPOSES IN THE CITY OF LA PORTE (Res. 98-01) - J. Joerns Mr. Joerns presented summary and recommendation to City Council. Mr. Joerns advised Council this resolution is similar to other resolutions passed by the City when we are pursuing certain land acquisitions. This Ordinance authorizes City Attorney Knox Askins to represent the City in the acquisition of property for Flood Control purposes. It further provides that in the event the owners and the City cannot agree on fair market value, the City Attorney is authorized to initiate eminent domain proceedings to acquire the property. In addition, the attached documentation will be filed for record at the Harris County Courthouse. This information will be picked up by future title searches and alert any potential buyers of these properties that the City intends to acquire property for this project. Mr. Joerns requested Council to consider approval of Resolution 98-01 and authorize Knox -Askins, City Attorney, to represent the City of La Porte in the acquisition of the described property for purposes of the F 101 Project. City Council Meeting Minutes - February 23, 1998 Page 3 Lastly, Mr. 7oerns addressed questions from City Council. City .Attorney Knox Askins read: RESOLUTION 98-01 - A RESOLUTION AUTHORIZING THE ACQUISTION OF RIGHTS -OF -WAY FOR FLOOD CONTROL PURPOSES IN THE CITY OF LA PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN )E:FFECTIVE DATE HEREOF. Motion was made by Councilperson Clarke to approve this Resolution as read by the City Attorney. Second by Councilperson Porter. The motion carried, 8 ayes, 0 nays. Ayes:. Councilpersons Engelken, Ebow, McLaughlin, Porter, Gay, Maxwell, Clark: and Sutherland. Nays: None 7. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEY OF BLOCK 867, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS (Ord. 98-2222) - G. Rankin Planning Director Guy Rankin presented summary and recommendation to City Council regarding this Ordinance. Mr. Rankin advised City Council that the City has been petitioned by Mr. William Brewer to close, vacate and abandon the alley of block 867, Town of La Porte to facilitate future development within the block. The Planning and Public Works Department have reviewed this request and have determined that the City has no immediate or future plans to utilize; the alley in question. The applicant is proposing to build a 39,000 square foot building. In accordance with Article 2, Section 62-358 of the Code of Ordinances, the City has exercised its option to pursue an independent fee appraisal to establish fair market value. As a result, a value of $1.20 per square foot has been established for the alley which contains 6,400 square feet. Since these appraisals are very current, it is staff s recommendation that the City accept 75% of the appraised value (a limit established by ordinance as well as (state law). The fees to close the alley in Block 867 are determined to be $5,760. Payment of closing fees will be made by applicant prior to council approval of the request. Mr. Rankin advised Council that staff recommends the vacating, closing and abandoning of the alley of Block 867, Town of La Porte to facilitate future development of property. City Council Meeting Minutes - February 23, 1998 Page 4 City .Attorney read: ORDINANCE 98-2222 - AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEY OF BLOCK 867, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Mgji )n was made by Councilperson Gay to approve this Ordinance as read by the City Attorney. Second by Councilperson Engelken. The motion carried, 8 ayes; 0 nays. Ayes:. Councilpersons Engelken, Ebow, McLaughlin, Porter, Gay, Maxwell, Clark: and Sutherland. Nays: None 8. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE VACATING, ABANDONING AND CLOSING THE NORTHERNMOST TWO HUNDRED (200) FEET OF THE SOUTH ELEVENTH STREET RIGHT-OF-WAY BETWEEN BLOCKS 143 AND 144, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS (Ord. 98-2223) - J. Joerns Assistant City Manager John Joerns presented summary and recommendation for Ordinance 98-2223. Mr. Joerns informed Council the City has been petitioned by Mr. Decker McKim and Emery Farkas to close, vacate, and abandon the northernmost 200' of the South 11' Street Right -of -Way between blocks 143 &144, Town of La Porte to facilitate development within Block 143 and the adjacent right-of-way. The Franchise Utility Companies and the Public Works Department advised there are no immediate or future plans to utilize this right -of --way. In addition, Mr. Joerns noted consideration has been given to requirements for the future expansion of Little Cedar Bayou. Mr. Joerns advised Council that staff does not normally support partial street closings. However, due to difficulties in resolving differences between the two parties claiming ownership of lots 9-16, Block 143 staff recommends this partial street closing. In addition, Mr. Joerns addressed Council questions. City Attorney Read: ORDINANCE 98-2223 - AN ORDINANCE VACATING, ABANDONING AND CLOSING THE NORTHERNMOST TWO HUNDRED (200') FEET OF THE SOUTH 1 I"' STREET RIGHT-OF-WAY BETWEEN BLOCKS 143 & 144, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; City Council Meeting Minutes - February 23, 1998 Page 5 FINDING COMPLIANCE WITH THE OPEN MEETINS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Ebow to approve this Ordinance as read by the Assistant City Attorney. Second by Councilperson Gay. The motion carried, 8 ayes, 0 nays. Ayes: Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay, Maxwell and Clark. Nays: None 9. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE AMENDING SECTION 46-5, BONDS AND MINIMUM FINIS, OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY REVISING THE SCHEDULE OF MINIMUM FINES FOR TRAFFIC VIOLATIONS FOR THE CITY OF LA PORTE MUNICIPAL COURT; AUTHORIZING THE COLLECTION OF COURT COSTS AS ESTABLISHED BY THE STATE; AUTHORIZING THE PRINTING OF SUCH SCHEDULE OF MINIMUM FINES ON THE REVERSE OF THE VIOLATOR'S COPY OF TRAFFIC CITATIONS(Ord. 98-1890-B) K. Askins City .Attorney Knox Askins presented summary and recommendation to City Council. City Council requested the City Manager to have the Municipal Court Judge; review the fines in the new Ordinance. Mr. Herrera stated he would present a report to Council in the future with any recommended changes. City .Attorney read: ORDINANCE 98-1890-B - AN ORDINANCE AMENDING SECTION 46-5, BONDS AND MINIMUM FINES, OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BE REVISING THE SCHEDULE OF MINIMUM FINES FOR TRAFFIC VIOLATIONS FOR THE CITY OF LA PORTE MUNICIPAL COURT; AUTHORIZING THE COLLECTION OF COURT COSTS AS ESTABLISHED BY THE STATE; AUTHORIZING THE PRINTING OF SUCH SCHEDULE OF MINIMUM FINES ON THE REVERSE OF THE VIOLATOR'S COPY OF TRAFFIC CITATIONS; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. City Council Meeting Minutes - February 23, 1998 Page 6 Motion was made by Councilperson Clarke to approve this Ordinance as read by the Assistant City Attorne. Second by Councilperson Engelken. The motion carried, 8 ayes, 0 nays. Ayes: Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay, Maxwell and Clark. Nays: None 10. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE APPROVING AND AUTHORIZING A LAW ENFORCEMENT SERVICES AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE LA PORTE INDEPENDENT SCHOOL DISTRICT - (Ord. 98-2224) R. T. Herrera City :Manager Robert T. Herrera presented summary and recommendation to City Council. Mr. Herrera requested City Council approve this Ordinance authorizing City Manager to execute a contract with La Porte Independent for provision of two police officers and amend the Police Patrol Budget by $85,170 to fund said contract. In addition, Mr. Herrera addressed Council questions. City ,Attorney read: ORDINANCE 98-2224 - AN ORDINANCE APPROVING AND AUTHORIZING A LAW ENFORCEMENT SERVICES AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE LA PORTE INDEPENDENT SCHOOL DISTRICT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIEANCE WITH THE OPEN MEETINS LAW; PROVIDING AN EFFECTIVE .DATE HEREOF. Motion was made by Councilperson McLaughlin to approve Ordinance 98-2224 with the following cages to the Agreement. Page 2, Section III will omit the sentence "It is expressly understood and agreed that the period or term of this agreement may be terminated without cause at any time by either party by giving; to the other party at least thirty (30) days advanced written notice of its intention to do so, specifying therein the effective date of such termination". Second by Councilperson Ebow. In addition, the La Porte Independent School District will need to approve the agreement at their next Board Meeting. The motion carried, 6 ayes, 1 nay and 1 abstain. City Council Meeting Minutes - February 23, 1998 Page 7 Ayes: Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay and Clark. Nays: Councilperson Maxwell. Abstain: Councilperson Clarke. 11. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE AMENDING CHAPTER 62, ARTICLE II, "VACATING, ABANDONING AND CLOSING STREETS AND ALLEY", SECTIONS 62-31, 62-32 AND 62-35, OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE (Ord. 98-2225) - J. Litchfield City Manager Robert T. Herrera presented summary and recommendation. Mr. Herrera advised Council due to the increased construction and completion of the Fred Hartman bridge, staff does not believe the HCAD values are updated frequently enough to provide consistent application across the City. Staff believes the City has grown to a point where a change in the closure method is warranted and proposes to completely do away with the HCAD method and close all properties based on an independent appraisal. By increasing the application fee to $400, the city will be able to include the price of the appraisal in the fee. Staff also proposes solidifying the wording by stating the property will be closed at 75 % of the value obtained in the independent appraisal. This will get away from the perception that staff can negotiate prices with applicants. This Ordinance will also place a time frame of six months to close the property after they have been notified by the City that all administrative activity has been complete, including the closure price. Mr. 'Herrera recommended City Council approve this Ordinance making changes to the Street and Alley Closing process. City Attorney read: ORDINANCE 98-2225 - AN ORDINANCE AMENDING CHAPTER 62, ARTICLE II, "VACATING, ABANDONING AND CLOSING STREETS AND ALLEYS', SECTIONS 62-31, 62-32 AND 62-35, OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. A motion was made by CouncilMrson Clarke to approve the Ordinance as as presented. Second by Councilperson McLaughlin. The motion carried, 7 ayes and 1 nay. City Council Meeting Minutes - February 23, 1998 Page 8 Ayes: Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Gay, Maxwell and Clarke. Nay: Councilperson Porter. 12. ADNIINISTRATIVE REPORTS City Manager Robert T. Herrera reminded City Council that a majority of them will be out of town on City business for the Council Meeting on March 9, 1998. As a result of that, staff recommends the March 9, 1998 meeting be cancelled. 13. COUNCIL ACTION Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay and Clarke brought items to Council's attention. 14. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084, TEXAS GOVERNMENT CODE, - (CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, CONFERENCE WITH EMPLOYEES DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION) A. SECTION 551.072 - (REAL PROPERTY) MEET WITH CITY MANAGER AND CITY ATTORNEY REGARDING LAND ACQUISITION B. SECTION 551-074 (PERSONNEL) CONSIDER APPOINTMENT OF A MEMBER TO THE AIRPORT ADVISORY BOARD Council retired into executive session at 7:52 p.m. tinder Section 551.072 (REAL PROPERTY), Meet with City Manager and City Attorney regarding land acquisition. Item B tabled until next meeting when Mayor Malone will be Present. Council returned to the table at 8:40 p.m., with no action taken. 15. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION i There; was no consideration for Item A. City Council Meeting Minutes - February 23, 1998 Page 9 16. ADJ43URNMENT There being no further business to come before Council, the Regular Meeting was duly adjourned at 8:43 p.m. Respectfully submitted, 41&W#' a� Martha A. Gillett City Secretary Passed and approved on this 23rd day of March, 1998. an L. Malone, Mayor • 0 (05 REOU M FOR CITY COUNCIL AGENDA Ilk Agenda Date Requested: February 19, 1998 Requested By: John Joerns Department: Administration Report V _ Resolution Ordinance Exhibits: Ordinance 98- SUMMARY & RECOMMENDATION Resolution 98-01 is similar to other resolutions passed by the City when we are pursuing certain land acquisitions. This resolution authorizes Knox Askins, City Attorney of LaPorte, to represent the City of La Porte in the acquisition of the described property for Flood Control purposes (FI01 Project). It further provides that in the event, the owners and the City cannot agree on fair market value, the City Attorney is authorized to initiate eminent domain proceedings to acquire the properties. Secondly, this resolution and attached documentation will be fled for record at the Harris County Courthouse. This information will be picked up by future title searches and therefore alert any potential buyers of these properties that the City intends to acquire property for this project. Our intention is not to threaten the property owners, as amicable negotiations are ongoing. However, this does put us in a position to move forward with condemnation if deemed necessary. We would, of course, inform Council of any recommendations to initiate eminent domain proceedings and secure Council's blessing. Action Required by Council: Consider approval of Resolution 98-01 and authorize Knox Askins, City Attorney, to represent the City of La Porte in the acquisition of the described property for purposes of the F 101 Project. Availability of Funds: _ General Fund_ Water/Wastewater Capital Improvennent General Revenue Sharing _ Other Account Number: Funds Available: YES NO AyiproyW foy City -Council Agenda bert errera Date City Hager C(DPY( RESOLUTION NO. 98-01 A RESOLUTION AUTHORIZING THE ACQUISITION OF RIGHTS -OF -WAY FOR FLOOD CONTROL PURPOSES IN THE CITY OF LA PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has found and determined that public necessity requires the location - of a rights -of -way for flood control purposes on the hereinafter described real property, in the City of La Porte, Harris County, Texas; and WHEREAS, the City Council of the City of La Porte has found and determined that rights -of -way over and across the hereinafter. described real property is suitable and needed for flood control purposes, and that it is necessary to acquire same for flood control purposes; and WHEREAS, the City Council of the City of La Porte deems it advisable to authorize, and does hereby authorize, Knox W. Askins, City Attorney of the City of La Porte, to represent the City of La Porte in the: acquisition of the hereinafter described property: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. That the said Knox W. Askins, as City Attorney for the City of La Porte, be and he is hereby authorized to negotiate with the owners of the hereinafter described land, concerning the acquisition by the City of LaPorte, of rights -of -way for flood control purposes, located in Harris County, Texas, said rights -of - way being more particularly described on the several metes and bounds descriptions and plats, attached hereto, incorporated by reference herein and made a part hereof for all purposes, at the fair market value for same, and, should said City Attorney, as the duly authorized representative of the City of La Porte, be unable Res. 98-01 to agree with such owners as to the fair market value of such rights -of -way, then, and in that event, said attorney be, and he is hereby authorized and directed to file against all owners and lienholders, proceedings in eminent domain to acquire the above described property, for flood control purposes. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law, preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required 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 3. This Resolution shall be effective from and after its passage and approval. PASSED AND APPROVED this 23rd day of February, 1998. ATTEST: Martha A. Gillett City Secretary APP OVED : Knox W. Askins City Attorney CITY OF PORTE By: Guy Suthel�k nd Mayor Prb_ e 2 0 0 Mayor and Council, 01'Y The metes and bounds descriptions for this Resolution are on file in the City Secretary's Office. If you would like to review them, please do so at your convenience, • ENOCH BRINSON SURVEY ABSTRACT NO. 5 State of Texas § County of Harris GF# 355495-W conNe F 101-00-00-02-904.0 PAGE 1 OF 2 Being a 3.869 acre (168,538 square feet) parcel of land located in the Enoch Brinson Survey, Abstract No. 5, Harris County, Texas, and being out of and a part of that certain 9.689 acre parcel of land described in deed to Southern Pacific Transportation Company (SPTC), dated January 18, 19,80, and recorded under Harris County Clerk's File (HCCF) No. H967407 of the Official Public Records of Real Property of Harris County, Texas (OPRRPHCT). Said 3.869 acre parcel being more particularly described by ' metes and bounds as follows: (Bearings shown hereon are based upon the Texas State Plane Coordinate System, South Central Zone, utilizing City of La Porte Monument No.'s H15-01, H14-01, E14-01, and E15-01, which are based upon the USC & GS North American Datum of 1927.) BEGINNING at a 5/8-inch iron rod set for the southeast corner of said 9.689 acre parcel of land, being in the west line of that certain 120 foot wide fee strip conveyed by deed to Houston Lighting and Power Co. (HL&P) and recorded in Volume 4596, Page 106 of the Deed Records of Harris County, Texas (HCDR) and which POINT OF BEGINNING is in the south line of a 40 foot wide easement conveyed by deed to Harris County Flood Control District (HCFCD) and recorded in Volume 1873, Page 357, of said HCDR, said iron rod being on the north line of a Harris County Flood Control District (HCFCD) drainage easement recorded under HCCF NO. N714546 of said OPRRPHCT; THENCE. South 86 degrees 57 minutes 42 seconds West, with the common line of said 9.689 acre parcel of land and said HCFCD drainage easements, a distance of 164.36 feet to a 5/8-inch iron rod set on the arc of an intersecting curve to the right; THEDICF, in a Northwesterly direction, across said SPTC 9.689 acre parcel and with said curve to the right, having a central angle of 15 degrees 50 minutes 14 seconds, a radius of 490.00 feet, and a chord length of 135.01 feet, bearing North 56 degrees 35 minutes 24 seconds West, a distance along the arc of 135.44 feet to a 5/8-inch iron rod set for the point of tangency; THENCE, North 48 degrees 40 minutes 18 seconds West, continuing across said SPTC 9.689 acre parcel, a distance of 340.58 feet to a 5/8-inch iron rod set for the point of curvature of a curve to the left; THENCE, in a Northwesterly direction, continuing across said SPTC 9.689 acre parcel and with said curve to the left, having a central angle of 44 degrees 22 minutes 00 seconds, a radius of 320.00 feet, and a chord length of 241.65 feet, bearing North 70 degrees 51 minutes 18 seconds West, a distance along the arc of 247.79 feet to a 1/2-inch iron rod found for the point of tangency, and from which a 5/8-inch iron pipe found bears North 85 degrees 30 minutes East, a distance of 0.28 feet, said 1/2-inch iron rod also being the northeast corner of a called 0.206 acre parcel of land described in deed to David Lee Eaton, et ux. (Eaton) dated February 11, 1981 and recorded under HCCF No. G861002 of said OPRRPHCT; TRACT 1 EXHIBIT A (D ENOCH BRINSON SURVEY ABSTRACT NO. 5 F 101-00-00-02-904.0 PAGE 2 OF 2 THENCE, South 86 degrees 57 minutes 43 seconds West, along a common line of said Eaton and SPTC 9.689 acre parcels of land, a distance of 103.41 feet to a 5/8-inch iron rod set on the west line of said SPTC 9.689 acre parcel of land, same being the northwest corner of said Eaton parcel and also being on the east line of that certain parcel of land conveyed as Tract 1 by deed dated July 23;, 1992 to Buzbee-Weathersby-Cloy Corporation (BWCC) and recorded under HCCF No. N /89105 of said OPRRPHCT; THENC , North 03 degrees 02 minutes 19 seconds West, with the common line of said SPTC 9.689 acre parcel and said BWCC parcel, a distance of 128.63 feet to a 1-inch iron'pipe found on the south line of that certain 36.108 acre parcel of land conveyed by deed dated January 18, 1980, to Southern Pacific Transportation Company and recorded under HCCP No. H967408 of said OPRRPHICT; THENCE, North 86 degrees 52 minutes 33 seconds East, with. the common line of said SPTC 36.108 acre and said SPTC 9.689 acre parcels, a distance of 345.01 feet to a 5/8-inch iron rod set on the arc of an intersecting curve to the right; NCE, in a, Southeasterly direction across said SPTC 9.689 acre parcel and with said curve to the right, having a central angle of 16 degrees 05 minutes 26 seconds, a radius of 510.00 feet, and a chord length of 142.76 feet, bearing South 56 degrees 43 minutes 01 second East, a distance along the arc of 143.23 feet to a 5/8-inch iron rod set for the point of tangency; THENCE, South 48 degrees 40 minutes 18 seconds East, continuing across said SPTC 9.689 acre parcel, a distance of 340.58 feet to a 5/8-inch iron rod set for the point of curvature of a curve to the left; THENCE, in a Southeasterly direction continuing across said SPTC 9.689 acre parcel and with said curve to the left, having a central angle of 30 degrees 55 minutes 58 seconds, a radius of 300.00 feet, and a chord length of 160.00 feet, bearing South 64 degrees 08 minutes 17 seconds East, a distance along the arc of 161.96 feet to a 5/8-inch iron rod found on the common line of said SPTC 91.689 acre parcel of land, and the aforesaid HL&P fee strip; THENCE, South 03 degrees 03 minutes 01 second East, with said common line, a distance of 138.11 feet to the POINT OF BEGINNING, and containing 3.869 acres (168;538 square feet) of land, of which 0.181 acre (7,882 square feet) of land lies within an existing HCFCD drainage easement, as described by deed recorded in Volume 1873, Page 357 of said HCDR. This description is based on a Land Title Survey and Plat by J. Patrick Going, Registered Professional Land Surveyor, License Number 4477, completed October 7, 1997, and is on file in the office of Baseline Corporation, Houston, Texas, Job No. $6.051.18. October z. IM BID:b jb Pt EOF... E lob No.: $6.051.18 T File: BEACAD\86ni11WP% B-905.0 9 ... ....... ....... J. PATRICK GOING. 9�i '�Fss�o�yn • GF# 35r-.1:6-W ENOCH BRINSON SURVEY ABSTRACT NO. 5 State of Texas County of Harris F 101-00-00-02-905.0 PAGE 1 OF 2 Being a 0.834 acre (36,348 square feet) parcel of land located in *the Enoch Brinson Survey, Abstract No. 5, Harris County, Texas, and being out of that certain 36.108 acre parcel of land described in deed dated January 18, 1980 to Southern Pacific Transportation Company (SPTC), and recorded under Harris County Clerk's File (HCCF) No. H967408 of the Official Public Records of Real Property of Harris County, Texas (OPRRPHCr). Said 0.834 acre parcel being more particularly described by metes and bounds as follows: (Bearings shown hereon are based upon the Texas State Plane Coordinate System, South Central Zone, utilizing. City of La Porte Monument No.'s H15-01, H14-01, E14-01, and E15-01, which are based upon the USC & GS North American Datum of 1927.) BEGINNING at a 1-inch iron rod found for the southwest corner of said 36.108 acre SPTC parcel, same being the southeast corner of that certain 9.785 acre parcel of land described in deed to Glenn M. Parmer, et ux., dated February 27, 1968 and recorded in Volume 7121, Page 162 of the Harris County Deed Records (HCDR); THENCE, North 03 degrees 02 minutes 45 seconds West, with the common line of said 36.108 acre SPTC and said 9.785 acre parcels, same being the east line of Outlot 917 of the: La Porte Outlots, according to the map or plat recorded in Volume 61, page 374 of said HCDR, a distance of 103.73 feet to a 5/8-inch iron rod set on said east line of Outlot 917, and being on the arc of an intersecting curve to the left; THENCE, in a Southeasterly direction, with said curve to the left, having a central angle of 29 degrees 35 .minutes 51 seconds, a radius of 360.00 feet, and a chord length of 183.92 feet, bearing South '78 degrees 14 minutes 32 seconds East, a distance along the arc of 185.98 feet to a 5/8-inch iron rod set for the point of tangency; THENCE, North 86 degrees 57 minutes 43 seconds East, across said SPTC parcel, a distance of 24.22 feet to a 5/8-inch iron rod set; THENCE, North 84 degrees 05 minutes 58 seconds East, continuing across said SPTC parcel, a distance of 100.12 feet to a 5/8-inch iron rod set; THENCE, North 86 degrees 57 minutes 42 seconds East, continuing across said SPTC parcel, a distance of 103.41 feet to a 5/8-inch iron rod set for the point of curvature of a curve to the right; TRACT 2 • 0 ENOCH BRINSON SURVEY ABSTRACT NO. 5 F 101-00-00-02-905.0 PAGE 2 OF 2 �, in a: Southeasterly direction, continuing across said SPTC parcel and with said curve to the right, having a central angle of 28 degrees 16 minutes 34 seconds, a radius of 510.00 feet, and a chord length of 249.14 feet, bearing South 78 degrees 54 minutes 01 second East, a distance along the arc of 251.69 feet to a 5/8-inch iron rod set in the south line of said 36.108 acre ' SPTC parcel, said iron rod .being on the north line of that certain 9.689 acre parcel described in deed to Southern Pacific Transportation Company dated January 18, 1980, and recorded under File No. H967407 of said OPRRPHCT: THENCE, South 86 degrees 52 minutes 33 seconds West, with the common line of said SPTC 9.689 and 36.108 acre parcels of land, a distance of 345.01 feet to a 1-inch iron pipe found for the northwest corner .of said SPTC 9.689 acre parcel, said iron pipe also being the northeast corner of that certain 8.626 acre parcel of land described as Tract 1 in deed to Buzbee- Weathersby-Cloy Corporation (BWCC) dated July 23, 1992 and recorded under HCCF No. N789105 of said OPRRPHCT; THENCE, South 86 degrees 53 minutes 20 seconds West, with the common line of said SPTC 36.108 acre and said BWCC 8.626 acre parcels, a distance of 302.02 feet to the POINT OF BEGINNING, .and containing 0.834 acre (36,348 square feet) of land. This description is based on a Land Title Survey and Plat by J. Patrick Going, Registered Professional Land Surveyor, License Number 4477, completed October 7, 1997, and is on file in the office of Baseline Corporation, Houston, Texas, Job No. 86.051.18. October 1, 1997 RLD:bgb Jab No.: SC051.18 M R1ACAD%MW11Va%9-905.0 �p�E OTie •.Tf J. PATRICK GOING 4 4477 �0/7/77 I I I I 919 I 920 920 — — — — — I 921 — — I I I I I � � I i I I ADDMONAL ACQUISMON cn I �I � Y/I 326 I 326 _ 150.18(C) 843.5 -0056 97.13 040-179-000-0020 OD 9.6890 AC NORTH 1" STREET 4E 54 3K CD 3J CD 0 3K o 12302 CD 12036 c 3�i 040-179-000-0013 -0060 v 040-179-000-0019 C 2.0000 AC 2.5000 AC - emc 357, HCDR) 921B P) 120 4A CD as o CD (L to o Q In o m v v — — — — — cj� °- 120 191.4 100 F101-00-00-02-9044..0 SOUTHERN PACIFIC TRANSPORTATION CO. H.C.C.F. NO. H967407 SO. FT. ACRES PARENT TRACT 422,027 9.68 EXISTING EASEMENT 7,882 0.18 ADDITIONAL ACQUISITION 160,656 3.68 TOTAL CHANNEL AREA 168.538 1 3.86 0000eoeo EXHIBIT "B" PreparedTWV J Lo Porte Engineering 9ivision Dale: I?il'l nle No.: 95-4301 N 0 336 X NORTH "P" STREET 95 336 1 326 904 326 (C> 150.30 1 905 1 906 I 1 I I 1 907 I• N i I I I I N 90711 p � O 1 I ( = VN.T.S. I I I - 1 � 911 I 910 1 I I 909 1 I 1 90B 9089 o v 1 023-147-000-0904 I I 1 I 10 an o U 36.108 AC. 1 m cu N C CF. W. 1967408 eu I I in N Ou I I 1 I 1 o N I 1 I I 1 918 I 919 I 1 920 I 1 921 9M 1 1 ce -02 1 1 1L 1 I I I I I 1 � c $ I 326 � I 150.18(C) 120 843.5 411 & 120313 -0056 — — " g 97.13 -- —W) 4B-1 >64.2 -2103 0022 OD 040-179-00_0024\a 4B leafs 2.9100 AC 464.2 ADDMONAI ACQUISMON --I 4C 4 — —1 843.17 F101-00-00-02-905.0 SOUTHERN PACIFIC TRANSPORTATION CO. H.C.C.F. NO. H967408 SQ. FT. ACRES PARENT TRACT 1,572,856 36.10 EXISTING EASEMENT 0 0 ADDITIONAL ACQUISITION 36,348 0.834 TOTAL CHANNEL AREA 36,348 0.834 EXHIBIT °B" Prepared byy City of Lo Porte Engineering Division Dale I/98 Fie No.: 86-4J02 • 40 Cam'# 355498-Z ENOCH BRINSON SURVEY ABSTRACT NO. 5 State of Texas § County of Harris F 101-00-00-02-906.0 PAGE 1 OF 2 Being a 1.022 acre (44,530 square feet) parcel of land located in the Enoch Brinson Survey, Abstract No. 5, Harris County, Texas, and being out of that certain 8.626 acre parcel of land described as Tract 1 in deed dated July 23, 1992 to Buzbee-Weathersby-Cloy Corporation (BWCC) and recorded under Harris County Clerk's File (HCCF) No. N789105 of the Official Public Records of Real Property of Harris County, Texas (OPRRPHCT). Said 1.022 acre parcel being more particularly described by metes and bounds as follows: (Bearings shown hereon are based upon the Texas State Plane Coordinate System, South Central Zone, utilizing City of La Porte Monument No.'s H15-01, H14-01, E14-01, and E15-01, which are based upon. the USC & GS North American Datum of 1927.) BEQESkMfi at a 1-inch iron pipe found for the northeast corner of said Tract 1, same being the northwest corner of that certain 9.689 acre parcel of land described in deed to Southern Pacific Transportation Company (SPTC) dated January 18, 1980 and recorded under HCCF No. H967407 of said OPRRPHCT, and also lying on the south line of that certain called 36.108 acre parcel of land described in deed to said SPTC dated January 18, 1980 and recorded under HCCF No. H9,67408 of said OPRRPHCT; THENCE, South 03 degrees 02 minutes 18 seconds East, with the common line of said Tract 1 and said SPTC 9.689 acre parcel, a distance of 128.63 feet to a 5/8-inch iron rod set, being the most westerly southwest corner of said SPTC 9.689 acre parcel, and also being the northwest corner of that certain 0.206 acre parcel of land described in deed to David Lee Eaton, et ux., dated February 11, 1981 and recorded under HCCF No. G861002 of said OPRRPHCT; THENCE, South 89 degrees 49 minutes 27 seconds West, across said Tract 1, a distance of 100.12 feet to a 5/8-inch iron rod set; THENCE, South 86 degrees 57 minutes 43.seconds West, continuing across said Tract 1, a distance of 24.22 feet to a 5/8-inch iron rod set for the point of curvature of a curve to the right; THENCE, in a Northwesterly direction, continuing across said Tract 1 and with said curve to the right, having A central angle of 38 degrees 00 minutes 09 seconds, a radius of 540.00 feet, and a chord length of 351.63 feet, bearing North 74 degrees 0.2 minutes 22 seconds West, a distance along the arc of 358.16 feet to a 5/8-inch iron rod set for the point of tangency; THENCE, North 55 degrees 02 minutes 18 seconds West, continuing across said Tract 1, a distance of 13.90 feet to a 5/8-inch-iron rod set on the common line of said Tract 1 and that certain 9.785 acre parcel described in deed dated February 27, 1968 to Glenn M. Parmer, et ux. (Farmer) and recorded in Volume 7121, Page 162 of said HCDR; EXHIBIT A • �J ENOCH BRI IISON SURVEY ABSTRACT NO. 5 F 101-00-00-02-906.0 PAGE 2 OF 2 MENCE, North 86 degrees 53 minutes 20 seconds East, with the common line of said Tract 1 and said Parm.er parcel, at a distance of 165.63 feet passing a 1-inch iron rod found for the common south. corner of said Parmer parcel and the aforesaid 36.108 acre SPTC parcel, and continuing now with the common line of said Tract 1 and said 36.108 acre SPTC parcel for a total distance of 467.65 feet to the POINT OF BE INNIN G, and containing 1.022 acres (44,530 square feet) of land. This description is based on a Land Title Survey and Plat by J. Patrick Going, Registered Professional Land Surveyor, License Number 4477, completed October 7,. 1997, and is on file in the office of Baseline Corporation, Houston, Texas, Job No. 86.051.IS. oaobe< z. M RID:bgb Job No.: 86.051.18 M RLACAD\860 IMNA1B.906.0 tG TFF�i' . J.PATRICK GOING .......... 471 1j�FF o- °SUR*, o loll)" SENS ROAD (NORTH 261h ST.) 148 !00 2 271 360 -4 Ul V N D (JI I , CA _ 100 / o N (n ru J N N -0023 I / N.T.S. ;G l00 ru 36.5 �10D I ru N 111.s 136.5 � o o c 0ca 17,i5 / 00I ru ca I q23-147-Od0-0915 i11.5 - �o tV _ — - — — — o �' ry I 15.000�d AC ti I // 5,3628 AC(C) °` .Ln v / I S 248 I 040-179-000-0021 8.62 AC. H.C.C.F. N0. N789105 r+ / 248 4I a I / �'�,• / N 360 No o Ul v 023-147-000-0925 48 I / �� /I 2.7500 AC ADDIMONAL. ACQUISITION I I . N p ... � c c , 360 / r/ O VN / ,0 I / Ln ap " 1 ,� I A I / F1 01 —00-00-02-906.0 BUZBEE-WEATHERSBY-CLOY CORP. H.C.C.F. NO. N789105 SO. FT. ACRES / PARENT TRACT 375,758 8.62 / / 248 5 271 EXISTING EASEMENT 0 0 zze 90 90 129 ADDITIONAL ACQUISITION 44,530 1.02 c TOTAL CHANNEL AREA 44,530 1.02 m ' NW ru.. .. V ° N d --— EXHIBIT "B" 228.37 90.15 408.67 Prepared by city o1 La Porte Engineering 1livision n Dole: I;•96 nle No.: 86-4]02 4. (W# 355500-B ENOCH BRINSON SURVEY ABSTRACT NO. 5 State of Texas § County of Harris § F 101-00-00-02-907.0 PAGE 1 OF 2 Being a 1.525; acre (66,440 square feet) parcel of land located in the Enoch Brinson Survey, Abstract No. 5, Harris County, Texas, and being out of a 9.785 acre tract of land, conveyed to Glenn M. Parmer, et ux. (Parmer), by deed dated February 27, 1968, and recorded in Volume 7121, Page 162 of the Harris County Deed Records, Harris County, Texas (HCDR), said 9.785 acre tract being furthermore described as Outlots 903, 912, and the north 360 feet of Outlot 917 of the La Porte Outlots, a subdivision recorded by plat in Volume 61, Page 374 of said HCDR. Said 1.525 acre parcel being more particularly described by metes and bounds as follows: (Bearings shown hereon are based upon the Texas State Plane Coordinate System, South Central Zone, utilizing; City of La Porte Monument No.'s H15-01, H14-01, E14-01, and E15-01, which are based upon the USC & GS North American Datum of 1927.) BEGINNING at a 5/8-inch iron rod set for the northwest corner of said Parmer parcel, from which a 2-inch iron pipe found bears North 43 degrees 26 minutes East, a distance of 1.76 feet and a 1/2-inch iron rod found bears North 65 degrees 31 minutes East, a distance of 1.29 feet; THENCE, South 55 degrees 02 minutes 18 seconds East, across said Parmer parcel, a distance of 372.70 feet to a 5/8-inch iron rod set for the point of curvature of a curve to the left; I H E, in a. Southeasterly direction, continuing across said Parmer parcel and with said curve to the left, having a central angle of 08 degrees 24 minutes 16 seconds, a radius of 360.00 feet, and a chord length of 52.76 feet, bearing South 59 degrees 14 minutes 25 seconds East, a distance along the arc of 52.81 feet to a 5/8-inch iron rod set for corner in the east line of said Parmer parcel, same being the east line of said Outlot 917 and a west line of that certain 36.108 acre parcel conveyed by deed dated January 18, 1980 to Southern Pacific Transportation Company (SPTC) and recorded under Harris County Clerk's File (HCCF) No. H967408 of the Official Public Records of Real Property of Harris County, Texas (OPRRPHCT); THENCE, South 03 degrees 02 minutes 45 seconds East, with the common line of said Parmer parcel and said 36.108 acre SPTC parcel, a distance of 103.73 feet to a 1-inch iron rod found for the southeast corner of said Parmer parcel and the herein described parcel, and being on the north line of that certain 8.626 acre parcel conveyed by deed dated July 23, 1992 to Buzbee- Weathersby-Cloy Corporation (BWCC) and recorded under HCCF No. N789105 of said OPRRPHCT; TH NCE, South 86 degrees 53 minutes 20 seconds West, along the common line of said Parmer parcel and said BWCC parcel, a distance of 165.63' feet to a 5/8-inch iron rod set for corner; TRACT 1 EXHIBIT A 0 ENOCH BRINSON SURVEY ABSTRACT 190. 5 F 101-00-00-02-907.0 PAGE 2 OF 2 ONCE, North 55 degrees 02 minutes 18 seconds West, a distance of 218.13 feet to a 5/8-inch iron rod set for corner on the west line of said Parmer parcel, same being the east line of Outlot 916, and also being the east line of that certain 5.201 acre parcel conveyed by deed dated February 22, 11961, to Lee Roy Welch, et ux. (Welch), and recorded in Volume 4288, Page 611 of said HCDB:; N E, North 03 degrees 02 minutes 45 seconds West, along the common line of said Parmer and Welch parcels, a distance of 228.45 feet to the POINT OF BEGINNING, and containing 1.525 acres (66,440 square feet) of land. This description is based on a Land Title Survey and Plat by J. Patrick Going, Registered Professional Land Surveyor, License Number 4477, completed October 7, 1997, and is on file in the office of Baseline Corporation, Houston, Texas, Job No: 86.051.18. REMED: November 14, 1997 Oewba 2, 1947 WSO:bgb Job No.: 86.051.18 Pile: BIACJ►D\860.IMP%MB-907.0 PtE.OF lF r J. PATRICK GCIIyG_ 4477 9iVO�ESS tQ�yOQ Sl1Fi�� 0 0.265 ACRE (11,560 SQUARE FEET) State of Texas § County of Harris § ENOCH BRINSON SURVEY ABSTRACT NO. 5 Being a 0.265 acre (11,560 square feet) parcel of land located in the Enoch Brinson Survey, Abstract No. 5, Harris County, Texas, and being out of a 9.785 acre tract of land, conveyed to Glenn M. Parmer, et ux. (Parmer), by deed dated February 27, 1968, and recorded in Volume 7121, Page 16:2 of the Harris County Deed Records, Harris County, Texas (HCDR), said 9.785 acre tract being furthermore described as Outlots 903, 912, and the north 360 feet of Outlot 917 of the La Porte Outlots, a subdivision recorded by plat in Volume 61, Page 374 of said HCDR. Said 0.265 acre parcel being more particularly described by metes and bounds as follows: (Bearings shown hereon are based'upon the Texas State Plane Coordinate System, South Central Zone, utilizing City of La Porte Monument No.'s H15-01, H14-01, E14-01, and E15-01, which are based upon the USC & GS North American Datum of 1927.) BEGINNING at the southwest corner of said Parmer tract, said corner being on the common line of Outlot 917 with Outlot 916 of the aforementioned La Porte Outlots, said corner also being on the north line of that certain called 8.626 acre tract of land conveyed by deed dated July 23, 1992 to the Buzbee-Weathersby-Cloy Corporation (Buzbee-Weathersby-Cloy) and recorded under Harris County Clerks' File (HCCF) No. N789105 of the Official Public Records of Real Property of Harris County, Texas (OPRRPHCT), said corner furthermore being the southeast corner of that certain tract of land conveyed by deed dated February 22, 1961 to Lee Roy Welch, et ux., and recorded in Volume 4288, Page 611 of said HCDR, described as the north three hundred and sixty (360) feet of Outlots 915 and 916 of the aforesaid La Porte Outlots, and from which a found 2-inch iron pipe bears North 25 degrees 46 minutes East, a distance of 1.56 feet; THENCE, North 03 degrees 02 minutes 45 seconds West, along the common line of said Parmer tract and said Welch tract, same being the west line of said Outlot 917 and the east line of said Outlot 916, a distance of 134.52 feet to a 5/8-inch iron rod set for corner of the herein described parcel; THENCE, Soulth 55 degrees 02 minutes 18 seconds East, departing said common line, a distance of 218.13 feet to a 5/8-inch iron rod set for corner on the south line of the aforesaid Parmer tract, said iron rod also being on the north line of the aforementioned Buzbee-Weathersby-Cloy tract; THENCE, South 86 degrees 53 minutes 20 seconds West, along the common line of said Parmer tract and said Buzbee-Weathersby-Cloy tract, a distance of 171.87 feet to the POINT OF BEGINNING, and containing 0.265 acres (11,560 square feet) of land. November 14, 1997 E OFWSO:T Jobgb No: 86.051.20 P� T F9 S File: BIACAM6051\ArJAPORTE.M2 .. ••.. .. .... .... J. PATRICK GOING 90 4477 OQ -resso'�.� =S U R•.i T TRACT 2 ` �" NORTH "P° STREET 123 101.5 101.5 123 117 95 902 902B 902C 903 903A cu 12018 cu -0903 117 cti C3 CD 0% CIN T 0� 0 fU 0 CD0 o fU o Ci N Q 0 o U N oQ Q 0 I n CD OD o n c CD n c i o 12022 oN N o Cy N N O 023-147-000-0923 .- o 123 1 101.5 101.5 336 326 I 913 912 ca ^ 9.7.85 AC. CD n `* VOL. 7121, PG. 162, HCDR O,.D �Io cu 0 0 N o �O N I 023-147-000-0924 I I 326 336 916 917 023-147-000-0925 to o I CD Q Q `114i I CD OD CU o `a � plu �� %D .�12\ •TriACT N I TRACT 2 326- 336 1262 5 336 904 ( 05 I I N.T.S. I 911 9]0 ADDIRONAL ACOUISMON 91g I 919 o I �D T' F101-00-00-02-907.0 GLEN M. PARMER, ET UX VOL. 7121, PG. 162, HCDR SQ. FT. ACRES PARENT TRACT 426,217 9.785 EXISTING EASEMENT 0 0 ADDITIONAL ACQUISITION 66,440 1.52 TOTAL CHANNEL AREA 66,440 1.52 EXHIBIT °B" Prepared by City o1 La Porte Engineering i",•icion Date., IJ98 FOR No.: 86-4m C] • GF# 355502-D ENOCH BRINSON SURVEY ABSTRACT NO. 5 State of Texas County of Harris § F 101-00-00-02-909.0 PAGE 1 OF 2 Being a 1.705 acre (74,277 square feet) parcel of land located in the Enoch Brinson Survey, Abstract No. 5, Harris County, Texas, and being out of a 6.724 acre (292,909 square feet) tract of land, being the southerly portion of Outlots 914 and 913 of the La Porte Outlots, a subdivision recorded by plat in Volume 61, Page 374, of the Harris County Deed Records, Harris County, Texas (HCDR). Said Outlots 914 and 913 having been conveyed - by deed dated April 12, 1969, to Quinton Lee Berry, et ux. (Berry) and recorded in Volume 8110, Page 367 of said HCDR. Said 1.705 acre parcel being more particularly described by metes and bounds as follows: (Bearings shown hereon are based upon the Texas State Plane Coordinate System, South Central Zone, utilizing City of La Porte Monument No.'s H15-01, H14-01, E14-01, and E15-01, which are based upon the USC & GS North American Datum of 1927.) BEGINNING at a 5/8-inch iron rod set for the southwest corner of said Outlot 914 and said Berry parcel, being in the east right-of-way line of Sens Road (60 feet wide), said iron rod also being the northwest comer of that certain parcel of land conveyed by deed dated February 22, 1961 to Lee Roy Welch, et ux. (Welch) and recorded in Volume 4288, Page 611 of said HCDR; THENCE, North 03 degrees 03 minutes 12 seconds West, with said east right-of-way line, a distance of 149.13 feet to a 5/8-inch iron rod set for corner; THENCE, North 86 degrees 57 minutes 42 seconds East, departing said east right-of-way line and across said Berry Parcel, a distance of 229.20 feet to a 5/8-inch iron rod set for the point of a curvature of a curve to the right; THENCE, in a Southeasterly direction, continuing across said Berry parcel and with said curve to the right, having a central angle of 38 degrees 00 minutes 00 seconds, a radius of 590.00 feet, and a chord length of 384.17 feet, bearing South 74 degrees 02 minutes 18 seconds East, a distance along the arc of 391.30 feet to a 5/8-inch iron rod set for the point of tangency; THENCE, South 55 degrees 02 minutes 18 seconds East, continuing across said Berry parcel, a distance of 39.07 feet to a 5/8-inch iron rod set for corner at the southeast corner of Outlot 913, same being the common north comer of said Welch parcel and that certain parcel of land conveyed by deed dated February 27, 1968 to Glenn M. Parmer, et ux. (Parmer) and recorded in Volume 7121,, Page 162 of said HCDR, and from whicha' 2-inch iron pipe found bears North 43 degrees 26 minutes East, a distance of 1.76 feet and a 1/2-inch iron rod found bears North 65 degrees 31 minutes East, a distance of 1.29 feet; EXHIBIT A 0 ENOCH BRINSON SURVEY ABSTRACT NO. 5 F 101-00-00-02-909.0 PAGE 2 OF 2 TEMMICE, South 86 degrees 57 minutes 42 seconds West, with the common line of said Berry and Welch parcels, a distance of 623.18 feet to the POINT OF BEGINNIN ., and containing 1.705 acres (74,277 square feet) of land. This description is based on a Land Title Survey and Plat by J. Patrick Going, Registered Professional Land Surveyor, License Number 4477, completed October 7, 1997, and is on file in the office of Baseline Corporation, Houston, Texas, Job No. 86.051.18. Oeiobw-2, 1997 w9Cl:bgb A* No.: $6.051.18 Pile: BIACADMOSIMPOAD-909.0 t E O F• TF J. PATRICK GOING • ;� 4477 /�71-7 7 A. W w I— C'V 914 326 023-147-000-0913 6.72 AC. VOL. 8110, PG. 367, H.C.D.R. 123 101.5 326 913 AMMONAL ACQUISMON 915 \ IN, 916 o \ 6� \ \ z \ \ X0 'IN I in O � \\ "Io �jLJ \ U U \ \\ CD00 \ o \ I Q Z � \ \\ mac''') cd �\b kD \ o M \� ln\LQ \ I IN, \ \ \ 326 I \ \ NJ 0 %D m F101-00-00-02-909.0 QUINTON LEE BERRY, ET UX VOL. 8110, PG. 367, H.C.D.R. SQ. FT. ACRES PARENT TRACT 292,909 6.72 EXISTING EASEMENT 0 0 ADDITIONAL ACQUISITION 74,277 1.70 TOTAL CHANNEL AREA 74,277 1.70 EXHIBIT 11 B" Prepared by City of La Porte Engineering %Asion Date: 12/97 Fie Na: 96-4302 • a if J;J;7;Juu--S ENOCH BRINSON SURVEY ABSTRACT NO. 5 State of Texas § County of Harris F 101-00-00-02-908.0 PAGE 1 OF 2 Being a 1.064 .acre (46,356 square feet) parcel of land located in the Enoch Brinson Survey, Abstract No. 5, Harris County, Texas, and being out of the -called north 360 feet of Outlots 915 and 916 of the La Porte Outlots, a subdivision recorded by plat in Volume 61, Page 374, of the Harris County Deed Records, Harris County, Texas (HCDR).. Said called north 360 feet of Outlots 915 and 916 having been conveyed to Lee Roy Welch, et ux. (Welch), by deed dated February 22, 1961, and recorded in Volume 4288, Page 611 of said HCDR. Said 1.064 acre parcel being more particularly described by metes and bounds as follows: (Bearings shown hereon are based upon the Texas State Plane Coordinate System, South Central Zone, utilizing City of La Porte Monument No.'s HIS-01, H14-01, E14-01, and E15-01, which are based upon the USC & GS North American Datum of 1927.) BEGINNINr at a 5/8-inch iron rod set for the northwest corner of Outlot 915, being in the east right-of-way line of Sens Road (60 feet wide), said iron'rod also being the southwest corner of that certain parcel of land conveyed by deed dated April 12, 1969 to Quinton Lee Berry, et ux. (Berry) and recorded in Volume 8110, Page 367 of said HCDR; Z'HENm North 86 degrees 57 minutes 42 seconds East, with the common line of said Welch and Berry parcels, a distance of 623.18 feet to a 5/8-inch iron rod set for the northeast corner of the herein described parcel, same being a common corner of Outlots 912, 913, 916, and 917 and from which a 2-inch iron pipe found bears North 43 degrees 26 minutes East, a distance of 1.76 feet and a 1/2-inch iron rod found bears North 65 degrees 31 minutes East, a distance of 1.29 feet; said 5/8-inch iron rod also being the northwest corner of that certain parcel of land conveyed by deed dated February 27, 1968 to Glenn M. Parmer, et ux. (Parmer), and recorded in Volume 7121, Page 162 of said HCDR; THENCE, South 03 degrees 02 minutes 45 seconds East, with the common line of said Welch and Parmer parcels, a distance of 228.45 feet to a 5/8-inch iron rod set for corner; THENCE, North 55 degrees 02 minutes 18 seconds West, across said Welch parcel, a distance of 179.74 feet to a 5/8-inch iron rod set for the point of curvature of a curve to the left; THENCE, in a Morthwesterly direction, continuing across said Welch parcel and with. said curve to the left, having a central angle of 38 degrees 00 minutes 00 seconds, a radius of 410.00 feet, and a long chord length of 266.97 feet, bearing North 74 degrees 02 minutes 18 seconds West, a distance along the arc of 271.92 feet to a 5/8-inch iron rod set for the point of tangency; THENCE, South 86 degrees 57 minutes 42 seconds West, continuing across said Welch parcel, a distance of 229.15 feet to a 5/84nch iron rod set for corner on the east right-of-way line of Sens Road (60 feet wide); EXHIBIT A CJ • ENOCH BRINSON SURVEY ABSTRACT NO. 5 F 101-00-00-02-908.0 PAGE 2 OF 2 THENCE, North 03 degrees 03 minutes 12 seconds West, with said east right-of-way line of Sens Road, a distance of 30.87 feet to the POINT OF -BEG and containing 1.064 acres (46,356 square feet) of land, of which 0.058 acre (2,538 square feet) of land lies within that certain 60 foot wide Hams County Flood Control District Drainage Easement, recorded in Volume 1445, Page 670 of said HCDR, Harris County, Texas. This description is based on a Land Title Survey and Plat by J. Patrick Going, Registered Professional Land Surveyor, License Number 4477, completed October 7, 1997, and is on file in the office of Baseline Corporation, Houston, Texas, Job No. 86.051.18. WOW 2, 1997 WSG.bgb Job No.: 86.051.18 Pile: REACAD\86061\W;;P\M&909.0 i o U U u o Q r\ o �* OD o o0 .--4 o N.T.S. N I V o o OD mot' ADDITIONAL ACQUISITION 326 // 326 915`\ 916 6,`\\ ci IN \ 0.0 1715 c- IN I--,C'F \ 023 f 147-000-0915 \ 5.2 0 AC. N \ Fs \ \ OL 4288, PG. 611 HCDR �T F- � o \ I 6,> \\ w 1 326 326 cn \ F101-00-00-02-908.0 LEE ROY WELCH, ET UX VOL. 4288, PG. 611, HCDR SQ. FT. ACRES PARENT TRACT 226,563 5.20 EXISTING EASEMENT 2,538 0.05 ADDITIONAL ACQUISITION 43.818 1.01 r-I TOTAL CHANNEL AREA 1 46,356 1.06 `u EXHIBIT "B" Prepared by City of Lo Porte Engineering Division . eesr Darr. I/88 nle No.: U-43UZ • O GF# 355562-U ENOCH BRINSON SURVEY ABSTRACT NO. 5 State of Texas § County of Harris § F 101-00-00-02-910.0 PAGE 1 OF 1 Being a 2.207 acre (96,128 square feet) parcel of land located in the Enoch Brinson Survey, Abstract No. 5, Harris County, Texas, and being out of the south 270 feet of Outlots 301 and 302 of the La Porte Outlots, a subdivision .recorded by plat in Volume 61, Page 374, of the Harris County Deed Records, Harris County, Texas (HCDR), said south 270 feet of Outlots 301 and 302 having been conveyed by deed dated February 22, 1995, to Darryl T. Henderson and Jan Z. Henderson, and recorded under Harris County Clerk's File (HCCF) No. R281592 of the Official Public Records of Real Property of Hams County, Texas (OPRRPHCT). Said 2.207 acre parcel being more particularly described by metes and bounds as follows: (Bearings shown hereon are based upon the Texas State Plane Coordinate System, South Central Zone, utilizing City of La Porte Monument No.'s H15-01, H14-01, E14-01, and E15-01, which are based upon the USC & GS North American Datum of 1927.) BEGINNING at a 5/8-inch iron rod set at the intersection of the south line of Outlot 301, with the west right-of-way line of Sens Road (60 feet wide); THENCE, South 86 degrees 57 minutes 42 seconds West, with the south line of said Outlots 301 and 302, same being the south line of a 30 foot wide Harris County Flood Control District (HCFCD) drainage easement as recorded in Volume 1873, Page 383 of said HCDR, a distance of 640.95 feet to a 5/8-inch iron rod set for the southwest corner of said Outlot 302; THENCE, North 02 degrees 58 minutes 40 seconds West, with the west line of said Outlot 302, same being the west line of a 20 foot wide HCFCD drainage easement as recorded in Volume 1445, Page 674 of said HCDR, a distance of 150.00 feet to a 5/8-inch iron rod set; THENCE, North 86 degrees 57 minutes 42 seconds East, departing said west line, a distance of 640.76 feet to a 5/8-inch iron rod set on said west right-of-way line of Sens Road; THENCE, South 03 degrees 03 minutes 12 seconds East, with said west right-of-way line, a distance of 150.00 feet to the POINT OF BEGINNING, and containing 2.207 acres (96,128 square feet) of land, of which 0.497 acre (21,628 square feet) lies within said 30 foot wide HCFCD drainage easement and said 20 foot wide HCFCD drainage easement; This description is based on a Land Title Survey and Plat by J. Patrick Going, Registered Professional Land Surveyor, License Number 4477, completed October 7, 1997, and is on file in the office of Baseline Corporation, Houston, Texas, Job No. 86.051.18. October 2, 1997 RIM:b`b Job No.: 86.031.1E Pile: BLACAV1860514WPMMH-910.0 /a EXHIBIT A. t . TF9. L V i TPATRICK GOING �.. 4477 rQ, ess%001 9 n: G TRACT 1 GF# 355564 W ENOCH BRINSON SURVEY ABSTRACT NO. 5 State of Texas County of Harris I F 101-00-00-02-919.0 PAGE 1 OF 2 Being a 0.483 acre (219060 square feet) parcel of land located in the Enoch Brinson Survey, Abstract No. 5, Harris County, Texas, and being out of the east portion of Oudot 303 of the La Porte Outlots, a subdivision recorded by plat in Volume 61, Page 374, of the Harris County ]Deed Records (HCDR), Harris County, Texas, the east portion of Oudots 303 and 318 having been conveyed to Leroy P. Jones, et ux., by deed dated June 6, 1974 and recorded under Harris County Clerk's File (HCCF) No. E176869 of the Official Public Records of Real Property of Harris County, Texas (OPRRPHCT). Said 0..483 acre tract Is more particularly described by metes and bounds as follows: (Bearings shown hereon are based upon the Texas State Plane Coordinate System, South Central Zone, utilizing City of La Porte Monument No.'s H15-01, H14-01, E14-01, and E15-01, which are based upon the USC & GS North American Datum of 1927.) BEORO at a 5/8-inch iron rod set for the southeast comer of said Jones tract and the southeast corner of Oudot 303, same being the southwest corner of that certain tract of land out of the southerly portion of lots 302 and 301 conveyed by deed dated February 22, 1995 to Daryl T. Henderson and Jan Z. Henderson and recorded under HCCF No. R281592 of said OPRRPHCT, said iron rod being in the north line of Pinegrove Valley Subdivision, a subdivision recorded by plat in Volume 152, Page 34 of the Harris County Map Records (HCMR), and being the southeast corner of the herein described tract; 1B!_N_CQE, South 86 degrees 57 minutes 42 second West, along the common line of Outlots 303 and Pinegrove Valley Subdivision, a distance of 20.00 feet to a 5/8-inch iron rod set for corner in the south line of said Outlot 303, same being the southeast corner of that certain 30 foot wide Harris County Flood Control District (HCFCD) fee strip (called 0.219 of one acre) conveyed by deed dated November 15, 1965 and recorded In Volume 6174, Page 390 of said HCDR; RENCE, North 02 degrees 58 minutes 40 second West, departing the south line of Outlot 303 and along the: east line of said 30 foot wide HCFCD fee strip, a distance of 30.00 feet to a 5/8- inch iron rod set for the northeast corner of said fee strip; THENCE, -South 86 degrees 57 minutes 42 seconds West, along the north line of said 30 foot wide HCFCD fee strip, a distance of 166.00 feet to a 5/8-inch iron rod set for corner at the southwest corner of the aforesaid Jones tract, same being the southeast corner of that certain tract of land out of the west portion of said Outlots 303 and 319 conveyed by deed dated August 1, 1972 to Leroy P. Jones et ux., and recorded under HCCF No. D656908 of said OPRRPHCT; EXHIE_IT A • ENOCH BRINSON SURVEY ABSTRACT NO. 5 F 101-00-00-02-919.0 PAGE 2 OF 2 THENCE, North 02 degrees 58 minutes 40 second West, departing the north line of said 30 foot wide HCFCD fee strip, along the common line of both Jones tracts, a distance of 110.00 feet to a 5/8-inch iron rod set for the northwest corner of the herein described parcel; MOM North 86 degrees 57 minutes 42 seconds East, departing said common line, a distance of 186.00 feet across the easterly Jones tract to a 5/8-inch Iron rod set for corner in the east line of said Jones tract, same being the east line of the aforesaid Outlot 303 and the west line of the aforesaid Outlot 302, and furthermore being the east line of a 20 foot wide HCFCD easement conveyed. by deed dated January 7, 1949 and recorded in Volum HCDR; e 1445, Page 669 of said THEE_, South 02 degrees 58 minutes 40 seconds East, along said common line of Outlot 303 with Outlot 302, a distance of 140.00 feet to the , and containing 0.483 acre (21,060 square feet) of land, of which 0.064 acre (2,800 square feet) of land lies within an existing 20 foot wide HCFCD easement. This description is based on a Land Title Survey and Plat by J. Patrick Going, Registered Professional Land Surveyor, License Number 4477, completed November 10, 1997, and is on file in the office of Baseline Corporation, Job No. 86.051.IS. November 10, IMP wS0:b1b Job No. 16.os1.11 Pile: 1R1ACAD11605I1wpV42-919.0 PEE OF, Tf �s . )..PAT I GOING .. i'"�.e . TRACr 2 . • GF# 355564 W ENOCH BRINSON SURVEY ABSTRACT NO. 5 State of Texas 8 County of Harris I F 101-00-00-02-920.0 PAGE 1 OF 1 Being a 0.379 acre (16,504 square feet) parcel of land located in the Enoch Brinson Survey, Abstract No. 5, Harris County, Texas, and being out of the west portion of Outlot 303 of the La Porte Outlots, a subdivision recorded by plat in Volume 61, Page 374, of the Harris County Deed Records (HCDR), Harris County, Texas, the west portion of Outlots 303 and 3I8 having been conveyed to Leroy P. Jones, et ux., by deed dated August 1, 1972 and recorded under Harris County Clerk's File (HCCF) No. D656908 of the Official Public Records of Real b Pro of (OPRRPHC7.). Said-0.379 acre tract is more particularly described -by metes an 'Harris ounds as follows (Bearings shown hereon are based upon the Texas State Plane Coordinate System, South Central Zone, utilizing City of La Porte Monument No.'s H15-01, H14-01, E14-01, and E15-01, which are based upon the USC & GS North American Datum of 1927.) BEGINNIN 1 at a 5/8-inch iron rod set for the southwest corner of said Jones tract and the herein described 0.3179 acre parcel, same being the southeast corner of that certain tract of land out of the east portion of Outlots 304 and 317 conveyed by deed dated April 25, 1967 to Thomas E et ux., and recorded in Volume 6742, Page 429 of said HCDR. Cockrell, , same being the northwest corner of a 30 foot wide Harris County Flood Control District (HCFCD) fee strip conveyed by deed dated November 15, 1965 and recorded In Volume 6174, Page 390 of said HCDR, same also being the northeast corner of a 30 foot wide HCFCD fee strip conveyed. by deed dated November 22, 1965 and recorded In Volume 6291, Page 64 of said HCDR, and from which a found 1/2-inch Iron rod bears South 10 degrees 56 minutes West, a distance of 1.03 feet; T�, North 02 degrees 58 minutes 40 seconds West, along the common line of said Outlots 303 and 304, a distance of 110.00 feet to a 5/8-inch iron rod set for corner; THE, North 86 degrees 57 minutes 42 seconds East, departing said common line, a distance of 150.04 feet to a 5/8-inch Iron rod set for corner in the east line of the aforesaid Jones tract, same being in the west line of that certain tract of land out of the easterly portions of Outlots 303 and 319 conveyed to Leroy P. Jones, et ux., by deed dated June 6, 1974 and recorded under HCCF No. E176869 of said OPRRPHCT; THE, South 02 degrees 58 minutes 40 seconds East, along the common line of said Jones tracts, a distance of 110.00 feet to a 5/8-inch iron rod set for the southeast corner of the herein described parcel, same being the common southerly corner of said Jones tracts and being in the north line of the aforesaid .30 foot wide HCFCD fee strip recorded in Volume 6174, Page 390 of said HCDR; THE, South 86 degrees 57 minutes 42 seconds West, along the north line of said 30 foot wide HCFCD fee strip and the south line of the more westerly Jones tract, a distance of 150.04 feet to the iNT QF BE HNNING, and containing 0.379 acre (16,504 square feet) of land. This description is based on a Land Title Survey and Plat by J. Patrick Going, Registered Professional Land Surveyor, License Number 4477, completed November 10, 1997 and is on file In the office of Baseline Corporation, Job No. 86.051.18. November. 10, 1"7 I E ..! i,� nk! o. 868.A- EXHIBIT A 7 J. PATRICK Gr 4� AA7� 17 ml NORTH "P" ST. 318 0 m 11718 0 023-137-000-0302 o Q 2.996 AC. H.C.C.F. NO. 0656908 OPRRPHCT M O cu O o (') 303A m 0 m 0 I U 8 Q 0 I L I � CU 0 1 1 319 Nc w. I'c:-:)�lcc�;lI m 0 o u o Q 0 I O CD'" CDof O cn OD (U (lJ �o ADDITIONAL ACQUISITION 1 302 30' H.C.F.C.D. FEE STRIP (VOL . 6174, PG. 390, HCDR) -�I 18 17 J16 15 114 I TRACT 2 I I . F101-00-00-02-920.0 LEROY P. JONES AND WIFE, LOUISA JONES H.C.C.F. NO. D656908 OPRRPHCT SQ. FT. ACRES PARENT TRACT 130,500 2.99 EXISTING EASEMENT 0 0 I I ADDITIONAL ACQUISITION 16,504 0.37 TOTAL CHANNEL AREA 16,504 1 0.37 EXHIBIT "B" Prepared by City o1 La Porte 13 Enoin",inq Division Date: 12/97 Fla No.: 86-4302 GF# 355565-X ENOCH BRINSON SURVEY F 101-00-00-02_g21,0 ABSTRACT NO. 5 PAGE 1 OF 2 State of Texas § County of Harris Being a 0.444 acre (19,327 square feet) parcel of land located in the Enoch Brinson Survey, Abstract No. 5, Harris County, Texas, and being out of the east portion of Outlot 304 of the La Porte Outlots, a subdivision recorded by plat in Volume 61, Page 374, of the Harris County Deed Records (HCDR), Harris County, Texas, said east portion of Outlots 304 and 317 having been conveyed to Thomas E. Cockrell, et ux., by deed dated April 25, 1967 and recorded in Volume 6742, Page 429 of said HCDR. Said 0.444 acre tract is more particularly described by metes and bounds as follows: (Bearings shown hereon are based upon the Texas State Plane Coordinate System, South Central Zone, utilizing City of La Porte Monument No.'s H15-01, H14-01, E14-01, and E15-01, which .are based upon the USC & GS North American Datum of 1927.) BEGINNM at a 5/8-inch iron rod set for the southeast corner of said Cockrell tract and the Parcel herein described, same being the southwest corner of that certain tract of land out of the westerly portion of Outlots 303 and 318 conveyed to Leroy P. Jones, et ux., by deed dated August 1, 1972 and recorded under Harris County Clerk's File (HCCF) No. D656908 of the Official Public: Records of Real Property of Harris County, Texas (OPRRPHCT), same being the northeast corner of a 30 foot wide Harris County Flood Control District (HCFCD) fee strip conveyed by deed dated November 22, 1965 and recorded in Volume 6291, Page 64 of said HCDR, and from which a found 1/2-inch iron rod bears South 10 degrees 56 minutes West, a distance of 1.03 feet; 2MNCE, South 86 degrees 57 minutes 42 seconds West, along the common line of said Cockrell tract and said 30 foot wide HCFCD fee strip, a distance of 1.11 feet to a 5/8-inch iron rod set for corner; TRENCE, South 86 degrees 50 minutes 44 seconds West, continuing along said common line, a distance of 174.30 feet to a 5/8-inch iron rod set in the north line of said 30 foot wide HCFCD feet strip for the southwest corner of said Cockrell tract and the herein described parcel, same being the southeast corner of that certain tract of land out of the westerly portions of Oudots 304 and 317 conveyed by deed dated September 19, 1990 to Lucien Paul Moreau, et ux., and recorded under HCCF No. M828602 of said OPRRPHCT, and from which a found 1/2-inch iron rod found bears South 03 degrees 09 minutes East, a distance of 1.45 feet; MOLE, North 02 degrees 59 minutes 44 seconds West, departing the north line of said fee strip, a distance; of 110.35 feet to a 5/8-inch iron rod set for corner in the common line of said Cockrell and Moreau tracts; • 0 ENOCH BRINSON SURVEY ABSTRACT NO. 5 F 101-00-00-02-921.0 PAGE 2 OF 2 THENCE, North 86 degrees 57 minutes 42 seconds East, a distance of 175.44 feet to a 5/8-inch iron rod set for corner in the aforesaid common line of Outlots 304 and 303; THENCE, South 02 degrees 58 minutes 40 seconds Eastof 11, along said common line, a distance of land feet to the POINT OF BEUING, and containing 0.444 acre (19,327 square feet) This description is based on a Land Title Survey and Plat by J. Patrick Going, Registered Professional Land Surveyor, License Number 4477, completed November 10, 1997 and is on file in the Office of Baseline Corporation, Job No. 86.051.18. November 10, 1997 WSO:b`b Job No. 86.051.11 Pile: B1ACAD1860311WPxM&921.0 ... k J. PATGOING (;A- 4477 _�.:� NORTH "P" ST. 317A I I 317 318 o I �I I I (U m O I m O M CD DU o Q L I U o Q I o U Q 11702 r^i o 317C 023-137-000-0304 r; r; o � 3,5100 AC (n�o o oVOL. 6742, PG. 429, H.C.D.R. N t� ti t� .-� o 0 o Lr) 304C 304 303A c� 0 o Q 0 o 0 CU c, o �N o CD j 30' H.C.F.C.D. FEE STRIP (VOL, 6291, PG. 64, H.C.D.R.) --`—P97B L30' H.C.F.C.D. ESMT. — — — — — — - --- — ——— — — — — — — — — 119 ADDITIONAL ACQUISITION F101-00-00-02-921.0 THOMAS E. COCKRELL AND WIFE, BETTY J. COCKRELL VOL. 6742, PG. 429, H.C.D.R. SO. FT. ACRES PARENT TRACT 152,973 3.51 EXISTING EASEMENT 0 0 ADDITIONAL ACQUISITION 19,327 0.44 TOTAL CHANNEL AREA 19,327 0.44 EXHIBIT "B" Prepared by City of La Porte Engineering '^ivision Me 17197 nls No.: 66-4302 G'# 355567.—Z ENOCH BRINSON SURVEY ABSTRACT 1,10. 5 F 101-00-00-02-922.0 PAGE 1 OF 2 State of Texas County of Harris 6 Being a 0.381 acre (16,596 square feet) parcel of land located in the Enoch Brinson Survey, Abstract No. 5, Harris County, Texas, and being out of and a part of a called 3.00 acre tract, said 3.00 acre tract being part of Outlot 304 of the La Porte Outlots, a subdivision recorded b Plat in Volume: 61, Page 374, of the Harris County Deed Records (HCDR), Harris County, Texas, said 3.00 acre tract having been conveyed to Lucien Paul Moreau, et ux by deed dated September 19, 1990 and recorded under Harris County Clerk's File (HCCF) No. M828602 of the Official Public Records of Real Property of Harris County, Texas (OPRRPH . Said 0.381 acre tract is more particularly described by metes and bounds as follows: (Bearings shown hereon are based upon the Texas State Plane Coordinate System, South Central Zone, utilizing -City of La Porte Monument No.'s H15-01, H14-01, E14-01, and E15-01, which are based upon the USC & GS North American Datum of 1927.) EEHINEM at a 5/8-inch iron rod set for the southwest corner of the aforementioned called 3.00 acre tract and the herein described parcel, same being in the north line of a 30 foot wide Harris County Flood Control District (HCFCD) fee strip conveyed by deed dated November 22 1965 and recorded in Volume 6291, Page 64 of the Harris County Deed Records (HCDR same being the southeast corner of that certain tract of land out of Outlots 305 and 316 conveyed b deed dated March 8, 1973 to Eugene R. Ybarra and Antonio Matta and recorded under HCCF No. D832504 of said OPRRPHCT; TEENS, North 02 degrees 59 minutes 55 seconds West, with the west line of said Outlot 304, same being the east line of Outlot 305, a distance of 110.66 feet to a 5/8-inch iron rod set for corner; 1HEME, North 86 degrees 57 minutes 42 seconds East, across said Outlot 304, a distance of 150.18 feet to a 5/8-inch iron rod set for corner on the east line of the aforesaid called 3.00 acre tract, said iron rod also being in the west line of that certain tract of land out of the easterly portions of Oudots 304 and 317 conveyed by deed dated April 25, 1967 to Thomas E. Cockrell, et ux., and recorded in Volume 6742, Page 429 of said HCDR; THUS, South. 02 degrees 59 minutes 44 seconds East, with the common line of said Moreau and Cockrell tracts, a distance of 110.35 feet to a 5/8-inch iron rod set for corner in the north line of the aforesaid 30 foot wide HCFCD feet strip, and from which a found 1/2-inch iron rod bears South 03 degrees 09 minutes East, a distance of 1.45 feet; EXHIBIT A C ENOCH BRI:NSON SURVEY ABSTRACT NO. 5 F 101-00-00-02.922.0 PAGE 2 OF 2 THENCE, South 86 degrees 50 minutes 44 seconds West, with the common line of said Moreau tract and said 30 foot wide HCFCD fee strip, a distance of 150.1 g feet to the POINT OF BEGiNNiNG:, and containing 0.381 acre (16,596 square feet) of land. This description is based on a Land Title Survey and Plat by I. Patrick Going, Registered Professional Land Surveyor, License Number 4477, completed November 10, 1997 and is on file in the office of Baseline Corporation, Job No. 86.051.18. November 10. IM WSG:bgb Job No. 16.031.11 Pik: 8LACAD%860611Wp%U89n.0 E OF T ..... . .J. PATRICK. GQI;1G�i 90 4477 �. 9.� s lqE NORTH "P" ST. 316 305 317A 317 N.T.S. 0 0 0 0 0 0 CD U 1 I u Q o 1 o Q o ci nlq- 317C I 1 do r�i o I .-� %,Do a o I '--1 CDCDN I �D �cML1 -,o (') �RMIIn -goo. ADDITIONAL ACMUISITION 304C 11626 023-137-000-0334 3.0000 AC. H.C.C.F. NO. M828602 304 30' H.C.F.C.D. FEE STRIP (VOL. 6291, PG. 64, H.C.D.R.) 296E 30 H.C.F.C.D. ESMT. 297B I ------- - -------I----------- 303A F101-00-00-02-922.0 LUCIEN PAUL MOREAU AND CYNTHIA MARIE MOREAU H.C.C.F. NO. M828602 OPRRPHCT SO. FT. ACRES PARENT TRACT 130,682 3.00 EXISTING EASEMENT 0 0 ADDITIONAL ACQUISITION 16,596 0.38 TOTAL CHANNEL AREA 16,596 0.38 EXHIBIT "B" Prepared by City of Lo Porte Engineering Division Dote: 12/97 n le No.: 86-4302 ® • (7# 355571-D ENOCH BRINSON SURVEY ABSTRACT NO. 5 State of Texas County of Harris § F 101-09-00-01-901.0 PAGE 1 OF 2 Being a 3.371 acre (146,823 square feet) parcel of land located in the Enoch Brinson Survey, Abstract No. 5, Harris County, Texas, and being out of the second of two tracts of land conveyed to Charles C. Hinds by deed. dated March 7, 1990 and recorded under Harris County Clerk's File: (HCCF) No. M550730 of the Official Public Records of Real Property of Harris County, Texas (OPRRPHCT), and being part of Outlots 286 and 295 and all of Outlot 294 of the La Porte Outlots, a subdivision recorded by plat in Volume 61, Page 374, of the Harris County Deed Records (HCDR). Said 3.371 acre tract is more particularly described by metes and bounds as follows: (Bearings shown hereon are based upon the Texas State Plane Coordinate System, South Central Zone, utilizing City of La Porte Monument No.'s H15-01, H14-01, E14-01, and E15-01, which are based upon the USC & GS North American Datum of 1927.) BEG-- ININQ at a 5/8-inch iron rod set for the northwest corner of the aforementioned Outlot 294, same being the northeast corner of a 30 foot wide Harris County Flood Control District (HCFCD) fee strip conveyed by deed dated March 16, 1966 and recorded in Volume 6360, Page 34 of said HCDR, and also being on the south line of a 30 foot wide HCFCD fee strip conveyed by deed dated March 28, 1966 and recorded in Volume 6488, Page 107 of said HCDR; TI-iE�NC , North 87 degrees 09 minutes 48 seconds East, along said south line of the 30 foot wide HCFCD fee strip and the north line of said Outlot 294, a distance of 335.96 feet to a 5/8- inch iron rod set for the common corner of Outlots 294, 295, and 306, said Outlot 306 being part of a called 7.1613 acre tract of land conveyed to Charles C. Hinds by deed dated February 17, 1982 and recorded under HCCF No. H346433 of said OPRRPHCT; Tom, North 86 degrees 59 minutes 10 seconds East, along the common line of said Outlots 295 and 306, a distance of 147.93 feet to a 5/8-inch iron rod set for corner; THENCE, South 03 degrees 01 minute 09 seconds East, departing said common line and with a west line of said called 7.1613 acre tract passing at a distance of 30.29 feet a 5/8-inch iron rod found and continuing for a total distance of 899.69 feet to a 5/8-inch iron rod set for corner on the north right-of-way line of North "L" Street (80 feet wide), and from which a found 5/8-inch iron rod bears South 03 degrees 08 minutes East, a distance of 0.79 feet; THENCE, " South 86 degrees 51 minutes 41 seconds West, along said north right-of-way line of North L Street, a distance of 130.00 feet to a 5/8-inch iron rod set for corner; THENCE, North 03 degrees 01 minute 09 seconds West, departing said north right-of-way line and crossing said Outlots 286 and 295, a distance of 818.02 feet to a 5/8-inch iron rod set for corner; TRACT 1 EXHIBIT A • ENOCH BX[NSON SURVEY ABSTRACT NO. 5 F 101-09-00-01-901.0 PAGE 2 OF 2 THENCE, South 81 degrees 16 minutes 20 seconds West, a distance of 18.70 feet to a 5/8-inch iron rod set -Iror corner; THEE-, South 86 degrees 57 minutes 42 seconds West, a distance of 335.29 feet to a 5/8-inch iron rod set for corner on the common line of Outlots 293 and 294, said Outlot 293 and Outlot 288 having been conveyed to Paul D. Covington, et ux., by deed dated March 30, 1976 and recorded under HCCF No. E725561 of said OPRRPHCT; THENCE, North 03 degrees 00 minutes 42 seconds West, along said common line, a distance of 85.00 feet to the POINT OF BEGINNING,. and containing 3.371 acres (146,823 square feet) of land, of which 0.333 acre (14,517. square feet) of land lies within an existing HCFCD drainage easement recorded in Volume 6597, Page 584 of said HCDR. This description is based on a Land Title Survey and Plat by J. Patrick Going, Registered Professional :Land Surveyor, License Number 4477, completed November 10, 1997, and is on file in the office of Baseline Corporation, Job No. 86.051.18. November to, im =:bgb Job No. $6.0?1.1E POW 3UGD%9W11WPWW901.0 C F Tf J. PATRICK C^'"^ * ; �4477 � • • GF# 355571-D ENOCH BRINSON SURVEY F 101-00-00-02-925.0 ABSTRACT NO. 5 PAGE 1 OF 2 State of Texas § County of Harris Being a 2.309 acre (100,579 square feet) parcel of land located'in the Enoch Brinson Survey, Abstract No. 5, Harris County, Texas, and being out of Outlots 306 and 295 of the La Porte Outlots, a subdivision recorded by plat in Volume 61, Page 374, of the Harris County Deed Records (HCDR), Harris County, Texas, said Outlot 306 and part of Outlot 295 being all of a called 7.16131 acre tract conveyed by deed dated February 17, 1982 to Charles C. Hinds, and recorded under Harris County Clerk's File (HCCF) No. H346433 of the Official Public Records of Real Property of Harris County, Texas (OPRRPHCT). Said 2.309 acre tract is more particularly described by metes and bounds as follows: (Bearings shown hereon are based upon the Texas State Plane Coordinate System, South Central Zone, utilizing City of 1A Porte Monument No.'s H15-01, H14-01, E14-01, and E15-01, which are based upon the USC & GS North American Datum of 1927.) BEGMININQ at a 5/8-inch iron. rod set for the northwest corner of said Outlot 306, same being the southwest: corner of Outlot 315 of said La Porte Outlots, said Outlot 315 having been conveyed to. Charles C. Hinds by deed dated April 11, 1995 and recorded under HCCF No. R351137 of said OPRRPHCT; THENCE, North 86 degrees 59 minutes 17 seconds East, with the common line of said Outlots 306 and 315, a distance of 150.00 feet to a 5/8-inch iron rod set for corner; THENCE, South 03 degrees 01 minute 53 seconds East across said Outlot 306, a distance of 367.90 feet to a 5/8-inch iron rod set for corner; '1iENCE, North 81 degrees 16 minutes 20 seconds East, continuing across said Outlot 306, a distance of 176.73 feet to a 5/8-inch iron rod set for corner on the common line of Outlots 306 and 305, said Outlot 305 having been conveyed to Eugene R. Ybarra and Antonio Matta by deed dated March 13, 1973, and recorded under HCCF No. D832504 of said OPRRPHCT; TH_ ENCE, South 03 degrees 00 minutes 09 seconds East, with the common line of Outlots 306 and 305, at a distance of 89.70*feet passing a 1/2-inch iron rod found for the northwest corner of a 30 foot wide Harris County Flood Control District (HCFCD) fee strip (called 0.449 acre) conveyed by deed dated November 22; 1965 and recorded in Volume 6291, Page 64 of said HCDR, and continuing for a total distance of 119.70 feet to a 5/8-inch iron rod set for the common corner of Outlots 306 and 305, same being the southwest corner of said 30 foot wide HCFCD fee strip, and also lying on the common north line of Outlot 296 and a called 2.32 acre tract conveyed; to Ernesto Gomez, et ux., by deed dated November 4, 1985, and recorded under HCCF No. K274921 of said OPRRPHCT; TRACT 2 CJ ENOCH BRINSON SURVEY ABSTRACT NO. 5 F 101-00-00-02-925.0 PAGE 2 OF 2 THENCE, South 86 degrees 59 minutes '10 seconds West, along the north line of said Outlot 296, a distance of 2.02 feet to a 5/8-inch iron rod set for the common north corner of Outlots 296 and 295; THENCE, South 03 degrees 06 minutes 42 seconds East, along the common line of said Oudots 296 and 295, at a distance of 30.44 feet passing a 5/8-inch iron rod found, and continuing for a total distance of 51.35 feet to a 5/8-inch iron rod set for corner; THENCE, South 81 degrees 16 minutes 20 seconds West, across said Outlot 295, a distance of 176.80 feet to a 5/8-inch iron rod set for corner, being on the common line of the aforementioned 7.1613 acre tract and the second of those two certain tracts of land conveyed to Charles C. Hands by deed dated March 7, 1990 and recorded under HCCF No. M550730 of said OPRRPHCT; THENCE, North 03 degrees 01 minute 09 seconds West, with said common line, at a distance of 38.66 feet passing a 5/8-inch iron rod found and continuing for a total distance of 68.95 feet to a 5/8-inch iron rod set for corner on the common line of said Outlots 295 and 306; THENCE, South 86 degrees 59 minutes 10 seconds West, with said common line of Outlots 295 and 306, a distance of 147.93 feet to a 5/8-inch iron rod set for the common south comer of Outlots 306 and 307, same being the southeast corner of a 30 foot wide HCFCD fee strip conveyed by deed dated March 28, 1966, and recorded in' Volume 6488, Page 107 of said HCDR; THENCE, North 03 degrees 01 minute 53 seconds West, with the common line of said Outlots 306 and 307, at a distance of 30.00 feet passing the northeast comer of said 30 foot wide HCFCD fee strip, same being the southeast corner of that certain tract of land conveyed to Glenn Doyle Goodman, et ux., by deed dated July 20, 1981 and recorded under HCCF No. H0935921 and HCCF No. H069618 of said OPRRPHCT, and from which a 5/8-inch iron rod bears South 19 degree 10 minutes West, a distance of 0.34 feet, and continuing for a total distance of 470.01 feet to the POINT OF , and containing 2.309 acres (100,579 square feet) of land, of which 0.345 acre (15,036 square fedt) of land HCFCD drainage easement recorded in Volume 6597 Page 584 of said IHCDR. withinies an existing This description is based on a Land Title Survey and Plat by J. Patrick Going, Registered Professional Land Surveyor, License Number 4477, completed November 10, 1997, and is on file in the office of Baseline Corporation, Job No. $6.051.18. November 10, 1997 RJD:bgb Job No. 86.051.18 Pile: BLACAD%86051!%WP%MB-925.0 • ® GF# 355571-D ENOCH BRINSON SURVEY F 101-00-00-02-926.0 ABSTRACT NO. 5 PAGE 1 OF 1 State of Texas § County of Harris § Being a 1.481 acre (64,501 square feet) parcel of land located in the Enoch Brinson Survey, Abstract No. 5, Harris County, Texas, and being out of and a part of Outlot 315 of the La Porte Outlots, a subdivision recorded by plat in Volume 61, Page 374, of the Harris County Deed Records (HCDR), Harris County, Texas, said Outlot 315 being conveyed to Charles C. Hinds by deed dated April 11, 1995, and recorded under Harris County Clerk's File (HCCF) No. R351137 of the Official Public Records of Real Property of Harris County, Texas (OPRRPHCT). Said 1.481 acre tract is more particularly described by metes and bounds as follows: (Bearings shown hereon are based upon the Texas State Plane Coordinate System, South Central Zone, utilizing City of La Porte Monument No.'s H15-01, H14-01, E14-01, and E15-01, which are based upon the USC & GS North American Datum of 1927.) BEGINNINQ at a 5/8-inch iron rod set for the northwest corner of the aforementioned Outlot 315, said corner being on the south right-of-way line of North "P" Street (80 feet wide), said iron rod also being the northeast corner of Outlot 314 and that certain tract of land conveyed to Glenn Doyle: Goodman, et ux., by deed dated April 24, 1971 and recorded in Volume 8397, Page 498 and Volume 8448, Page 23 of said HCDR, and from which a 1/2-inch iron rod found bears North 03 degrees 01 minute West, a distance of 0.41 feet; THENCE, North 86 degrees 59 minutes 20 seconds East, along said south right-of-way line of North "P" Street, a distance of 150.00 feet to a 5/8-inch iron rod set for corner; THENCE, South 03 degrees 01 minute 53 seconds East, departing said south right-of-way line and crossing said Outlot 315, a distance of 430.00 feet to a 5/8-inch iron rod set for corner on the common line of Outlots 315 and 306, said Outlot 306 being part of that certain called 7.1613 acre tract of land conveyed to Charles C. Hinds by deed dated February 17, 1982 and recorded under HCCF No. H346433 of said OPRRPHCT; THEIR, South 86 degrees 59 minutes 17 seconds West, along said common line, a distance of 150.00 feet to a 5/8-inch iron rod set for the common corner of Outlots 315, 314, 306, and 307, said Outlot 307 and part of Outlot 314 being that certain called 3.4713 acre tract conveyed to Glenn Doyle Goodman, et ux., by deed dated July 20, 1981 and recorded under HCCF No. H093593 and H069618 of said OPRRPHCT; THENCE, North 03 degrees 01 minute 53 seconds West, along the common line of Outlots 314 and 315, a distance of 430.00 feet to the POINT OF BEGINNING, and containing 1.481 acres (64,501 square feet) of land. This description is based on a Land Title Survey and Plat by J. Patrick Going, Registered Professional Land Surveyor, License Number 4477, completed November 10, 1997, and is on file in the office of Baseline Corporation, Job No. 86.051.18. tE OF Tf November to, 6M 1997..............�q 9� Job No. � lob No. 96.051.18 File: BI_AI' nQ 511W B•926.0 1 DArnln I I ^� I c.? I t? I t;Y I c:.i I 1427 NORTH P STREET 313D 314 315 316 31711 317 319 L1411314D L41..,.: b ¢aQ� 1 n l'1 O C 1� T -F gg gg1 8< N.T.S 317C n oo i7o yo in r f'i n ... C1 o §m U1 .D d m g .n".00 o Vri 308B 307D 307 306 305 304C 304 303A A gY a Y n � o Nr O bb„ O ro (7 ADDITIONAL ACQUISITION 294 1 I I 023-137-000-0284 I 17.0623 AC 11521 023-137-000-0361 11627 023-137-000-0338 H.C.C.F. NO. M550730 OPRRPI-CT I I I — — — 1287 � 2870 Y a I m N I 8 o m 1 i1 O 274 274A b boo na o0 0 N 0 lti i N 60' KCF.C.O_ESNT. — _ H,C.F.C.D. 8 _------- 2968 30' FLC.C.C.0. ESNLl 2978 19 1@ 17 16 15 14 13 11623 I $ 023-137-000-0357 Y 2.3200 AC 295 296A 1297A 297D � I I � a n N I T b f11 S - I 296C 297C 286A I 285A 2@48 I 283D 285C — I 204r 285E 1284C 19 18 17 1616 15 14 13 12 QQ nn_ h$ 20 21 22 23 24 25 . 26 2 19 18 17 13 14 13 116 n_ � 112 f- 0 21 22 23 29 25 2 1 1,17 a a. -me 284D 284E 1294A 286A-1 S a c 1 Y n 19 IB 17 16 15 14 13 o I_ o I a I I I °Y I 20 21 22 1 23 24 zs 26 i I I F101-09-00-01-901.0 CHARLES C. HINDS H.C.C.F. NO M550730 OPRRPHCT 274E 22'902 00822 1 -000001 276A 276D 276B 277A-2 SO. FT. ACRES z1 2 PARENT TRACT 291,120 6.68 -oozl -0°°2 EXISTING EASEMENT 14.517 0.33 20 3 1 ADDITIONAL ACOUISITION 132,306 3.04 -0020 -0003 =4 TOTAL CHANNEL AREA 1 146,823 1 3.37 276C 19 1914 4 0019 W YY u 3 EXHIBIT "B" 18 5 8 :i ¢ �q a a Y -0010 -1 -0005 m i o R 'As IQ (TRACT 1 13 2778 Prepared by City of La Porte 17 6 a warmc�. -W17 . -°006 Date: 1/98 Engineering Fvision File NO.: 86-4302 313D I314 I314A 1314D 13141, 1315 v �? Y =Y . g g 4 u Q n G Q -_ -� 308E 307D 307 I I re /;f i ;Y j" I �4 I I NORTH 'P' STREET 316 317A 317 318 31 m g8 Y a N ADDITIONAL ACQUISITION N. T. S. 305 304 1 303A .C.D. 7011B.F.CQ EsuT. (101 sssl. 16 56,,1 H.C.F.C.D, 30' M.C.F.C.Q ESMT. JO' K FR.D. EW.. — _ — — V KCf.CD. FSMT. (VDL 6597. iG 56,, NCO) 297E 19 18 17 116i 15 14 1312294 1 295 296D023-1 Y 11623 7-ODO-03S7 2.3200 AC 1 U I� OC 296A 123-137-ODO-0294 CL 297A I 297D 17.0623 AC I nd 1621 I n qmq y Y 0 . 23-t37-000-0361 2 I 11627 I n y 023-137-ON-0339 o Z X i = I � I I 296C 297C 12B7 2B70 2869 286A — — I 283A I 284D — — — — — � 1 I I 283D 285C 285B 1 284C I Mr n m I $YY 1 19 19 17 1616 15 14 13 12 mn sns n 20 21 22 23 24 25 26 2 Y 19 18 17 16 15 l4 13 8§ n s t1 112 W — H 0 2t 22 23 24 25 24 2 $� J n� CL = 0- 3 I 294D 284E 284A I -0m 21178 286A-1 a $ a 19 18 17 16 15 14 13 12 2117A I ~ 20 21 22 23 24 25 26 2i F101-00-00-02-925.0 CHARLES C. HINDS H.C.C.F. NO. H346433 OPRRPHCT 1A 274 274A 274B 2102 1 100101 276A 276D 276B 277A-2 SQ. FT. ACRES 21 2 PARENT TRACT 311,946 7.16 _oozl -0°°2 EXISTING EASEMENT 15,036 0.34 " 20 3 1 n ADDITIONAL ACQUISITION 85,543 1.96 U -0020 -00°' =" TOTAL CHANNEL AREA 100,579 2.30 - N y 19 1UC;9 4 _�, U 276C EXHIBIT "B" a m 8 a 3 a o IB -0018 z ¢ 5 00os a 0 a in a A (TRACT 2) W N " 17 ¢ 6 = o N 2nB Prepared by City of Lo Porte + -0017 D 1 -0006 DOW 1/46 Engineering P nvision F1e No.: 36-4302 313D 314 314A 13149 1 314C ei A M a $jq ` .� 108B 3078 307 306 NORTH P STREET 316 11 317A 317 1218 AC. NO. R361137 WI0OFC1 g u q Y a � ewi 317C Fi o $ n �T 303 304C 304 rY� $ a Yw gg 1427 318 #` N.T.S L.o Q 17pS 5 e > 303A ADDITIONAL ACQUISITION .C.F.C.D. 60' H.Cf.C.A ESMT. H.C.F.C.D. 294 w IICF.C.D. ESMT.— — 295 _ — — — — — — 296D W IICF.C.D. ESMT, I e978 19 to l7 16 IS f1 13 asz3 1 023-137-000-0337 R 1 P-3200 AC 1 ( 296A I 297A 2970 023-137-000-0204 19 10 17 16 16 15 14 13 1 17.0623 AC I _ I ae g$ CIna 23 0-137-000-0361 I a I . 11627 I r,, I 20 el 22 23 24 e3 26 i 023-137-000-0338 H.C.C.F. NO. M550730 aPR; PHCT I N 1 g I I I 296C 297C ..._-- 1- — — -------- — — — — — 19 l8 17 16 15 14 f3 1287 287D I I286A I 283A I 2848 JI. 9s 1 4 .1 =Y � I I 284E 20 21 22 23 •24 23 2 I .Q I I 285D 283C 283B I e84C I 00�! gg I ?1 0) I — — �2116A-t 284D 284E I c I a I I 1284A 19 1B 17 16 13 13 1 2878 287A I I� n ^ I 114 I ^ g$ $ I 8. I I I 11 '4 Sol I a- I I I I 20 2! 22 23 z3 e4 26 F101-00-00-02-926.0 NORTH L STREET CHARLES C. HINDS H.C.C.F. NO. R351137 OPRRPHCT 274 274A 27,13 22 �000222 1 1-w 1 2764 276D 2760 277A-2 SO. FT. ACRES 21 2 PARENT TRACT 140,180 3.21 aozl aoo2 EXISTING EASEMENT 0 0 0 3 0003 1 ADDITIONAL ACQUISITION 64,501 1.48 $ TOTAL CHANNEL AREA 64,501 1 1.48 19 1914 4 276C N AM N a �w1 `p� -°�9 -0°°' y1 u EXHIBIT "B" a a !1 V to � �, -0o1e N zz 5 .� :aoos a m� 8 "`� ° u ,a, TRRA(r;T Prepared bq C;tv of Porte N 17 6 —� ~ N N 277E a Engineering n:vision -0017 7 -0006 Date: 1/98 fie No.: 86-4302 0 REOUIO FOR CITY COUNCIL AGENDA A Agenda Date Requested: February 23,.1998 Requested By: Guy ]nankin Department: Planning Report Resolution X Ordinance Exhibits: SUMMARY & RECOMMENDATION The City has been petitioned by Mr. William Brewer to close, vacate and abandon the alley in Block 867, Town of La Porte to facilitate future development within the block. The Planning and Public Works Departments have reviewed this request and have determined that the City has no immediate or future plans to utilize the alley in question. Staff has solicited comments and received letters of no objection from each of the tranchised utility companies. In accordance with Article II, Section 62-358 of the Code of Ordinances, the City has exercised its option to pursue an independent fee appraisal to establish fair market value for the alley. As a result, a value of $1.20 per square foot has been established for the alley which contains 6,400 square feet. Since these appraisals are very current, it is staffs recommendation that the City accept 75% of the appraised value (a limit established by ordinance as well as state law). The fees to close the alley in Block 867 are determined to be $5,760. Payment of closing fees will be made by applicant prior to Council approval of the request. Recommendation: Staff recommends the vacating, closing and abandoning of the alley of Block 867, Town of La Porte to facilitate future development of the property. Action Required by Council: Consider the approval of an Ordinance to close, vacate and abandon the alley of Block 867, Town of La Porte. Availability of Funds: _ General Fund-'Water/Wastewater _ Capital Improvement_ General Revenue Sharing _ Other Account Number: Funds Available: YES NO Approved for _ i Council A ends B i6rt T. ra Da City Ma gcr AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEY OF BLOCK S67, 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 the record owner of all of the property abutting the hereinafter described Alley of Block 867, Town of La Porte, Harris County, Texas; to vacate, abandon, and permanently close the Alley of Block 867, Town of LaPorte, Harris County, Texas; and WHEREAS, the City Council of the City of La Porte has determined and does hereby find; determine, and declare that the hereinafter described Alley of Block 867, Town of La Forte, Harris County, Texas, is not suitable, needed, or beneficial to the public as a public road, street, or alley, and the closing of hereinafter described Alley of Block 867, 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 Alley of Block 867, 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 Alley of Block 867, Town of LaPorte, Harris County, Texas, is hereby permanently vacated, abandoned, and closed by the City of LaPorte, to wit: Ordinance No. q8-220 0%7 The alley of Block 867, Town of LaPorte, Harris County, Texas, and containing 6,400 square feet 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 23"d DAY OF FEBRUARY,1998. M ATTEST: Martha Gillett, City Secretary AP VED: / Knox W. Askins, City Attorney CITY OF LA PORTE i Guy iit: erland, Mayor Pro-Tem II I I II II II I I II II II I I II II II I I 11 II II I I it II _ II I I it II 8 �11 2 ; Mil 1 80 II I I II II II I I II II II I I II II II I I II II II I I II II I I I I N.T.S. II I I II II 1 1 II , II PP OPO SED CL 0 SING W. "G" ST. (6,400 SQ. FT. 8"1" 1 82 8-)3 266' W. "H" ST. I I I . I I i/�8 817 86 �M I I I I6 ------------- W. "I" ST. II II I II II � I II II y_ I II II I II II I II II I II II I '31 7 898 8n9I II II I II II I II II I II II I II II I II II I II II I II II I FAIRMONT PARKWAY EXHIBIT "A" i • • • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: February 23, 1998 Requested By: John Joerns Department: Administration Report Resolution X Ordinance Exhibits: 1. Ordinance 2. Exhibit "A" 3. Exhibit "B" SUMMARY & RECOMMENDATION The City has been petitioned by Mr. Decker McKim and Mr. Emery Farkas to close, vacate, and abandon the northernmost 200' of the South 11 "' Street Right -of -Way between blocks 143 & 144, Town of La Porte to facilitate development within Block 143 and the adjacent right-of-way. Staff has solicited comments and received letters of no objection from each of the franchised utility companies. The Planning and Public Works Departments have reviewed this request and have determined that the City has no immediate or future plans to utilize the right -of -Nay in question. However, consideration has been given to requirements for the future expansion of Little Cedar Bayou located in the block immediately west of the proposed closing. The HCAD X 1.75 method produced a value of $0.88 / SF. Staff felt this number was not reflective of current market values in this area. For example, the value used on the 11 " St. closing adjacent to Block 120 was $1.03 / SF (prior to utilities being installed). The appraisal conducted when the City was pursuing an easement across the Frymore / Liebe tract valued lots in Block 143 at $3.00 / SF. Also, it was recognized that the City spent approximately $3,600 to acquire an easement across Lot 8 in Block 143 which kept this portion of 11 " Street free from utilities and made this street closing possible. For these reasons, the City exercised its option to pursue an independent fee appraisal to establish fair market value for the closing and for the additional Little Cedar Bayou right-of-way. A value of $3.50 per square foot has been established for 11" St. and $1.00 / SF for the Little Cedar Bayou right-of-way. Since these appraisals are very current, it is Staff's recommendation that the City accept 75% of the appraised value (a limit established by ordinance as well as state law). The recommended fees for closing are as follows: Decker McKim to City of La Porte: $15,750 175% of appraised value for 11" St. closing) $ 150. 0 /2 Cost of Fee Appraisal) City to McKim (Credit land for Channel): $-22,325 (credit for LCB right-of-way, 75% of appraised value) $ 6,425 (City to Decker McKim, delivered at closing or applied to back taxes) Emery Farkas to City of La Porte: $15,750. (75% of appraised value for 11", St. closing) $ 150 0 /2 Cost of Fee Appraisal) $15,900 (Emery Farkas to City) In addition, the City will receive $19,574.19 in delinquent taxes. (City $7,726.38, LPISD $11,847.81) Finally, staff does not normally support partial street closings. We do, however, support this partial closing because of the knowledge of difficulties in resolving differences between the two parties claiming ownership of lots 9-16, Block 143. 0 so Recommendation Staff recommends vacating, closing, and abandoning of the northernmost 200' of the South 11 `h Street Right -of -Way between Blocks 143 & 144, Town of La Porte subject to the following conditions being satisfied within 45 days: 1. Payment in the amount of $15,900 from the applicants to the City within forty-five (45) days of the date of passage and approval of this ordinance. 2. Payment of all delinquent taxes owed on property adjacent to the closing. 3. Execution of a General Warranty Deed for property within Block 144, Town of La Porte, to facilitate the future expansion of Little Cedar Bayou, plus'the remnants as shown on Exhibit A. 4. Execution of a General Warranty Deed for remnants in Blocks 120 as shown on Exhibit B. Action Required by Council: Consider approval of an ordinance to close, vacate, and abandon the northernmost 200' of the South 11 eh Street Right -of -Way between Blocks 143 & 144, Town of La Porte according to the conditions outlined in this summary. Availability of Funds: N/A General Fund _ Water/Wastewater Capital Improvement _ General Revenue Sharing Other Account Number: Funds Available: YES NO Approved for City Council Agenda City Manager ORDINANCE NO.98- 2223 COPY AN ORDINANCE VACATING, ABANDONING AND CLOSING THE NORTHERNMOST TWO HUNDRED (200') FEET OF THE SOUTH 11TR STREET RIGHT-OF-WAY BETWEEN BLOCKS 143 & 144, 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 South 11`s Street Right -of -Way between Blocks 143 & 1.44, Town of La Porte, Harris County, Texas, to vacate, abandon, and permanently close.the hereinafter described portion of the South 11* Street Right -of -Way between Blocks 143 & 144, Town of LaPorte, Harris County, Texas; and WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine and declare that the hereinafter described portion of the South 11te Street Right -of --Way between Blocks 143 & 144, 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 South l Ph Street Right -of --Way between Blocks 143 & 144, 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 South 11'' Street Right -of -Way between Blocks 143 & 144, Town of La Porte, Hams County, Texas, should be vacated, abandoned, and permanently closed; and 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 South 11's Street Right -of -Way between Blocks 143 & 144, Town of La Porte, Harris County, Texas, is hereby permanently vacated, abandoned and closed by the City of La Porte, to wit: That portion elf the South I Street Right -of -Way, Town of La Porte, Harris County, Texas, lying and being situated between Lots 1 through 8, Block One Hundred Forty Three (143) and Lots 25-32, Block One Hundred Forty Four (144), Town of LaPorte, Harris County, Texas, and lying and being situated between the south right-of-way line of West "F"' Street, and the extension of a line from the south line of Lot 8, Block 143, Town of La Porte to the south line of Lot 25, Block 144, Town of La Porte, Harris County, Texas, and containing 12,000 square feet. Ordinance 98-222340 (#UPY 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. Applicants shall have forty-five (45) days from the effective date hereof to: 1. Pay the City of La Porte, in certified funds the sum of S 15,900 as partial consideration hereunder, and 2. Pay all delinquent taxes owing to all taxing agencies, on the real property adjacent to the hereinabove described right -of --way of South I Ph Street, Town of La Porte, Harris County, Texas; and 3. Execute and deliver to the City of La Porte, a General Warranty Deed, in form satisfactory to the City Attorney of the City of La Porte, conveying from the record owners thereof to the City of La Porte, a 110 foot strip in Block 144, Town of La Porte, Harris County, Texas, and remnants per Exhibit "A" attached hereto and made part hereof. The metes and bounds description to be used in such deed to be prepared by a licensed Texas public surveyor, and approved by the City of LaPorte. Applicant shall also furnish title evidence from a title insurance company, and tax certificates, showing that the grantor in said deed has good marketable title at the time of such conveyance, and that all delinquent taxes owing to all taxing agencies on said property have been paid. 4. Exixute and deliver to the City of La Porte, a General Warranty Deed, in form satisfactory to the City Attorney of the City of La Porte, conveying from the record owners thereof to the City of La Porte, the remnants in Block 120, Town of La Porte, Harris County, Texas, as per Exhibit "B" attached hereto and made part hereof. The metes and bounds description to be used in such deed to be prepared by a licensed Texas public surveyor, and approved by the City of La Porte. The: City Secretary shall not issue a certified copy of this Ordinance until each of the three above described prerequisites has been performed. If all of such prerequisites have not been performed within thirty (30) days from the effective date hereof, this Ordinance shall be null and void PASSED AND APPROVED, this 23'd day of February, 1998. Ordinance 98-2223 • (CUP CITY OF LA PORTE By: Guy Suth rland, Mayor Pro-Tem ATTEST: Mauna Gillett, City Secretary APPROVED: GY� Knox W. Askins, City Attomey s (OPY WEST "D" ST. +} ++ + + y ++ i } } i + i i } + �A+:= N . T S. cn } } + i } } +} c- + ++ ++ +} + N++ + + + CD V + N + + r Q0 + a, d- + ST "E" ST. _ 0 REMNANTS OF BLOCK 120 i EXHIBIT "B" s 0 5) REOUAFOR CITY COUNCIL AGENDAIA Agenda Date Requested: February 23, 1998 Requested By: K. Askins Department: Report :Resolution . X Ordinance Exhibits: Ordinance 98-1890-B SUMVURY & RECOMMENDATION The attached Ordinance; revises the schedule of minimum fines for traffic violations for the City of La Porte Municipal Court; authorizing the collection of Court costs as established by the State of Texas. This request is being made due to recent legislative changes. Availability of Funds: _ General Fund_ Water/Wastewater Capital Improvement_ General Revenue Sharing Other Account Number: Funds Available: YES NO Avyroved for -City Council Agenda � B R irt T. era D tel� ity Ma ger • copy, ORDINANCE NO.98-1890-B AN ORDINANCE AMENDING SECTION 46-5, BONDS AND MINIMUM FINES, OF THE CODE OF OF! DINANCES OF THE CITY OF LA PORTE, BY REVISING THE SCHEDULE OF: MINIMUM FINES FOR TRAFFIC VIOLATIONS FOR THE CITY OF LA PORTE MUNICIPAL COURT; AUTHORIZING THE COLLECTION OF COURT COSTS AS ESTABLISHED BY THE STATE; AUTHORIZING THE PRINTING OF SUCH SCHEDULE OF MINIMUM FINES ON THE REVERSE OF THE VIOLATOR'S COPY OF TRAFFIC CITATIONS; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby amends Section 46-5, Bonds and Minimum Fines, of the Code of Ordinances of the City of La Porte, repealing the minimum fines set out in Appendix B-Fines of said Code, and replacing said minimum fines with the following minimum fine schedule to be contained in Appendix B of said Code for City of La Porte Municipal Court traffic violations and offenses, city ordinance violations and offenses, and state law violations and offenses: ADD APPLICABLE STATE COURT COSTS AND TAX FOR EACH OFFENSE Amount of Minimum Fine (a) Building security fee as cost of court ...................................... 3.00 (b) Schedule of bonds and minimum fines Altered dealer's tag.............................................................115.75 Attempt to purchase alcohol by a minor............................203.75 Drive all -terrain vehicle on public roadway without certification..........................................................................185.75 All -terrain vehicle fail to yield right-of-way crossing street.....................................................................185.75 Barkingdog.........................................................................188.75 Bird sanctuary ordinance....................................................188.75 Section of this Code 46-4(b) 46-5(a) Ordinance NO.98-1890-B • Page 2 • Child in open bed of truck .................... 60.75 Excessivealarms................................................................188.75 No city dog tags.................................................................. 63.75 City/Fences.........................................................................970.75 Gunordinance....................................................................203.75 Junk vehicles, Code section 34-166 et seq .......................188.75 Loud, unnecessary, disturbing noise.................................188.75 Noise,. Code section 34-93.................................................188.75 Standing, stagnant water....................................................188.75 Soliciting without permit......................................................188.75 Unlawfulsign.......................................................................188.75 Weeds, brush, rubbish........................................................188.75 Code section 78-18 et seq.................................................493.75 Wrecker Violation, City Ord. No. 1035...............................188.75 Harbor any dangerous or vicious dog................................188.75 Consuming after hours.......................................................188.75 Consumption of alcohol on premises.................................188.75 Cutcorner............................................................................ 60.75 Airgun, BB Gun, etc............................................................188.75 Possession of tobacco by Minor, Health/Safety Code Sec. 161.252 Subchpt. N ..................188.75 Change lane without signal ................................................ 60.75 Criminal mischief.................................................................493.75 Cary passenger without headgear .................................... 60.75 Criminal trespass on school grounds; Education Code 37.107...................................................... 66.25 CMED (Dry Ordinance NO.98-1890-Bo Page 3 Violation of curfew...............................................................188.75 Consumption of alcohol while driving.................................188.75 Possession of fireworks in city limits .. 188.75 Open sewer; required connection .................................... :.188.75 Violate section 34-126 et seq. (code enforcement) ........... 188.75 Permit fire hazard to exist...................................................188.75 Violate City Ord. 106...........................................................970.75 Electrical Code Violations...................................................188.75 Harris County health inspection.........................................188.75 Building code violations......................................................188.75 Plumbing City Ord. 1787 violations....................................188.75 Food and health permit violation........................................188.75 Unsightly or unsanitary matter............................................188.75 Outside storage of bedding, furniture and appliances...........................................................................188.75 Violate: chapter 98......................::.......................................188.75 Electric fence.......................................................................188.75 Display altered driver's license...........................................153.75 Disorderly conduct..............................................................303.75 Disorderly conduct, abuse/threaten .... 303.75 Disorderly conduct, discharge gun.....................................303.75 Disorderly conduct, fighting................................................303.75 Disorderly conduct, indecent exposure..............................303.75 Disorderly conduct, offensive gesture................................303.75 Disorderly conduct, vulgar language..................................303.75 Disorderly conduct, window peeping.................................303.75 Ordinance NO.98-1890-Be Page 4 s Drive to or from controlled access roadway where prohibited............................................................................. 60.75 Drive across highway barrier .............................................. 60.75 Noclass A license............................................................... 78.75 No class B license............................................................... 78.75 No class C driver's license ................................................. 78.75 Driver's License Endorsement; Trans. Code 522.042(B)....................... .............................. 78.75 No motorcycle license......................................................... 78.75 More than one valid driver's license in possession ........... 78.75 Drive wrong side four or more lanes .................................. 60.75 Drive over fire hose............................................................. 60.75 Dogat large......................................................................... 63.75 Dog, female in estrus, Sec. 5-31........................................ 63.75 Destruction of property................:......................................188.75 Drive vehicle on sidewalk ................................................... 60.75 Disruption of school classes/activities................................188.75 Disobey police officer (traffic) ............................................. 60.75 Disregard railroad crossing ................................................ 60.75 Driving in turn lane; Trans. Code 545.063E ...................... 60.75 Disregard traffic sign........................................................... 60.75 Driving under influence by minor; Sec. 106.041, ABCCode...........................................................................498.75 Dumping..............................................................................188.75 Driving with door open in traffic .......................................... 60.75 Drive without headlights when required ............................. 60.75 Drive on wrong side of street .............................................. 60.75 Ordinance NO.98-1890-B• Page 5 (( Drive wrong way on divided roadway ................................ 60.75 Expired driver's license....................................................... 78.75 Expired dealer's tag............................................................ 63.75 Expired registration............................................................. 63.75 Expired motor vehicle inspection sticker ............................ 63.75 Expired trailer registration (license plate) ........................... 63.75 Expired buyer's tag............................................................. 63.75 Education Code School Attendance Sec. 25.093 (Twarting Compulsory Law) ........................... 50.75 Defective equipment........................................................... 60.75 Defective safety glaze material .......................................... 60.75 Defective brakes................................................................. 60.75 Nobrake lights.................................................................... 60.75 Defective equipment exhaust system ................................ 60.75 Defective headlights........................................................... 60.75 Defective muffler (loud) ....................................................... 60.75 No light on rear license plate .............................................. 60.75 Defective muffler (smoke) ................................................... 60.75 Defective equipment, no mud flap ...................................... 60.75 Defectivetires..................................................................... 60.75 Defective tail lights.............................................................. 60.75 Defective turn signals......................................................... 60.75 No air pressure warning device on brakes ........................ 60.75 Exhibition of acceleration/contest of speed racing ............ 60.75 Fire code maintenance of fire protective or extinguishing system..........................................................188.75 Ordinance NO.9EI-1890-ES Page 6 0 Fire code/Flam. Liq.............................................................188.75 Fire code open buming.......................................................188.75 Failure to appear(nontraffic)..............................................203.75 Failure to appear (traffic)....................................................203.75 Striking unattended vehicle ................................................ 60.75 Fail to display driver's license ............................................. 78.75 Fail to dim headlights, oncoming ........................................ 60.75 Fail to drive in single lane ................................................... 60.75 No slow moving vehicle emblem ........................................ 60.75 Fleeing from a police officer...............................................493.75 Fire hydrant -tampering with or removal.............................188.75 Fail to identify as witness....................................................188.75 Fail to identify (driver's license)...........................................188.75 No flag on chain towing vehicle .......................................... 60.75 Fail to obey police, traffic....................................................490.75 Fail to properly operate vehicle shoulder ........................... 60.75 Fail to pass safely............................................................... 60.75 Fail to report change of address ........................................ 63.75 FSGI-Fixture........................................................................ 60.75 Fail to signal intent, distance .............................................. 60.75 Fail to sign promise to appear (citation).............................188.75 Fail to stop and render aid .................................................. 60.75 Following too closely........................................................... 60.75 Fail to control speed, accident ............................................ 60.75 Fail to stop at designated point .......................................... 60.75 C�Op Ordinance NO.98-1890-Bo Page 7 lc(n py , .1 Fail to wear safety belt ......................... 60.75 Fail to wear safety belt/child under 15 year of age............ 60.75 Failure to yield right-of-way at controlled intersection/accident........................................................... 60.75 Failure to yield right-of-way to driveway or alley ................ 60.75 Failure to yield right-of-way uncontrolled intersection/accident ............................ 60.75 Failure to yield right-of-way emergency vehicle -lane usage.............................................................. 60.75 Pedestrian failure to yield right-of-way to a vehicle................................................................................. 60.75 Vehicle failure to yield right-of-way to a pedestrian............................................................................ 60.75 Failure to yield right-of-way left turn ................................... 60.75 Failure: to yield right-of-way stop sign ................................. 60.75 Failure: to yield right-of-way stop sign (stopped then proceeded).................................................................. 60.75 Failure: to yield right-of-way yield sign (pulled out infront)................................................................................ 60.75 Failure: to yield right-of-way controlled intersection/non-accident .................................................... 60.75 Failure! to yield right-of-way from driveway or alley..................................................................................... 60.75 Gaming, play and bet for money at a game ......................188.75 No game room permit.........................................................188.75 Stood in roadway to solicit ride, hitch hiking ......................188.75 Headlights over legal limit ................................................... 60.75 Violation of health and safety code....................................493.75 Improper/unauthorized use of dealer tags licenseplates...................................................................... 63.75 Ordinance NO.96-1890-B• Page 8 Improper backing/back without safety ....................... Improper equipment, wrong color license plate lamp............................................................................ Improper left turn ......................................................... Fail to maintain liability insurance .............. Improper passing, pass within 100 feet of intersection ................................................. Improper right turn, too wide ...................... 60.75 60.75 233.75 ............... 60.75 ...................... 60.75 Impeding traffic.................................................................... 60.75 Knocking road barricade down, with hands ....................... 98.75 Livestock at large................................................................ 63.75 Littering................................................................................ 63.75 Left turn must turn left ......................................................... 60.75 Loitering...............................................................................188.75 Brakes/General................................................................... 200.00 Driving of motor vehicles....................................................200.00 Expired Inspection Sticker ................... 95.00 MC -Frames; suspensions and wheels..............................200.00 Motor carrier/tire system.....................................................200.00 Hours of service, general....................................................200.00 Hazardous material ........................................ _-------------------- 200.00 Motor carrier -lighting or equipment....................................200.00 Load securement, general..................................................200.00 Motor carrier -maintenance .................. 200.00 Motor carrier -miscellaneous ............................................... 200.00 Overheight load................................................................... 98.00 C�Op� Ordinance NO.98-1890-B Page 9 Qualifications of drivers......................................................200.00 Tire....................................................................................... 200.00 Truck (vehicle) off truck route ............................................. 95.00 Minor driving motorcycle without any headgear ................ 60.75 Making firearm accessible to minor...................................493.75 Minor in possession of alcohol...........................................303.75 Minor in possession of alcohol second offense.................493.75 Misrepresentation of age by a minor..................................188.75 No driver's license............................................................... 78.75 No front license plate.......................................................... 63.75 No license plate on vehicle ................................................. 63.75 No motor vehicle inspection sticker .................................... 63.75 No registration..................................................................... 63.75 No Texas driver's license ................................................... 78.75 No trailer license plate ........................................................ 63.75 Overleength, overwidth and overheight ............................... 63.75 Over occupany load............................................................970.75 Overweight/section 70-256................................................. 63.75 Operate motorcycle without helmet (adult) ........................ 63.75 Open containers act - while driving....................................188.75 Passing stopped school bus/loading or unloading ............280.75 Purchase alcohol for a minor..............................................188.75 Possession of drug paraphernalia.....................................503.75 Public intoxication...............................................................188.75 Passing in no passing zone ................................................ 60.75 Ordinance NO.98-1890-B• Page 10 Passenger interfered with driver ........................................ 60.75 Park within 20 feet of trash dumpster................................ 60.75 Park over 18 inches from curb ........................................... 60.75 Park in a no parking zone ................................................... 60.75 Park trailer, semi -trailer or pole trailer in excess of fourhours............................................................................ 60.75 Park on roadway................................................................. 60.75 Park within 15 feet of fire hydrant ....................................... 60.75 Park in a fire zone............................................................... 60.75 Park in handicapped zone .................................................. 60.75 Pass on right....................................................................... 60.75 Prohibited stopping, standing or parking ........................... 60.75 Park, stand, load or unload in fire zone.............................188.75 Wrecker permit violation.....................................................188.75 Permit unlicensed person to drive ...................................... 78.75 Two -year -old. child restraint safety law ............................... 60.75 Four -year -old child restraint safety law .............................. 60.75 Driver's license restriction................................................... 78.75 Interference with railroad property.....................................188.75 Norabies tag....................................................................... 63.75 Reckless damage or destruction........................................188.75 Reckless driving.................................................................. 60.75 Ran flashing red light .......................................................... 60.75 Ranread light........................................................................ 60.75 Ranstop sign...................................................................... 60.75 Rightturn, left lane.............................................................. 60.75 COPY Ordinance NO. 98.1890-B • Page 11 Rightturn, wrong lane ......................................................... 60.75 Simpleassault.....................................................................503.75 Simple assault, police officer..............................................503.75 Simple assault (threats)......................................................503.75 Smoke detector ordinance 1093-B....................................188.75 Standing sewage on ground/aboveground ........................188.75 Speeding/non-school zone, first ten miles over posted speed limit (fines increase 4.00/mile in excess of first ten miles) ...................................................... 50.75 Speeding/school zone, first ten miles over posted speed limit (fines increase 4.00/mile in excess of first ten miles) ...................................................... 50.75 Improper turn, too wide ....................................................... 60.75 U-turn when prohibited....................................................... 63.75 Theft.....................................................................................493.75 Too many passengers........................................................ 60.75 Truancy by student-educ. code 25.094 Failum to attend school-Fam. Code-54.021 ....................... 50.75 Truck off truck route............................................................ 63.75 Truck terminal/hazardous material off route ......................188.75 Unattended child in vehicle.................................................493.75 Use of unauthorized emergency equipment ...................... 63.75 Unsecuredload................................................................... 63.75 Equipped with unauthorized lamps or lighting ................... 63.75 Unauthorized stop in moving traffic .................................... 63.75 Equipped with unauthorized siren, whistle or bell ............. 63.75 Unclean license plate.......................................................... 63.75 Unsafespeed...................................................................... 60.75 Ordinance NO.98-1890-Bo Page 12 Unsafe lane change ................................. Unsafe passing ........................................ Unsafe start, parked position ................... Warrantfee .............................................. Wrong license plate on vehicle; Trans. Code Sec. 502.408 ...................... 0� ... 60.75 60.75 ......................... 60.75 ........................... 35.00 ......................... 63.75 Wrong motor vehicle inspection .......... 63.75 Walking on roadway when sidewalk is provided ............... 63.75 Wrong license plate............................................................ 78.75 Wrong way on one-way street ............. 60.75 Permit fire hazard to exist...................................................188.75 Section 2. The Clerk of the City of La Porte Municipal Court is hereby authorized to have said schedule of minimum fines for traffic violations printed on the reverse side of the violator's copy of traffic citations, and to furnish same to the City of La Porte Police Department for its use. Section 3. The Clerk of the City of La Porte Municipal Court is hereby authorized to accept, upon a written plea of guilty or upon a written plea of nolo contendere, the amount shown opposite each of the above described offenses, as a minimum fine therefor, without the necessity of the violator appearing in Court. Section 4. All ordinance or parts of ordinances in conflict herewith are hereby repealed to the extent of conflict only. Section 5. 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 Ordinance NO.98-1890-Ble Page 13 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 6. This Ordinance shall be effective from and after its passage and approval. PASSEL) AND APPROVED, this day of February, 1998. CITY OF LA PORTE By: Guy Suth nand, Mayor Pro-Tem ATTEST: Al a a Gillett City Secretary APPROVED: L� John D. Armstrong, Assistant City Attorney 0 0 QUEST FOR CITY COUNCIL AGENDTEM AGENDA DATE February 23, 1998 REQUESTED BY Robert T. Herrera, City Manager REPORT; __ RESOLUTION; XX ORDINANCE; City and school officials have worked together for several months to reach a joint agreement where the City will contract with LPISD for two officers to provide police services at the High School during its normal school year. City staff believes this agreement to be beneficial to the City for several reasons, some of which are: Having our officers on site will reduce the number of calls for service to the High School (287 calls; in the 1996-97 school year) Our officers will gain better background and knowledge of the students, which should assist our operation in future years. Plus, it will enable high school students to interact with Police Officers on a personal basis and see them as positive role models. The time we have the officers in the summer will help in providing coverage during the vacation season and should ease our reliance on overtime. In regards to funding, the School has agreed to provide funding of $90,000 for two officers for a 187 day school year. For simplicity, this base cost of $90,000 is indexed to the Consumer Price Index for future years. The approval of the contract will require the City to amend the 1997-98 fiscal year budget by $85,170. This amount does not exactly tie to the annual fee of $90,000 for several reasons. First, there are a couple of items that will be purchased up front but are spread to the school district over a five year period, including the cost of a vehicle at $22,575 and start up equipment costs (including leather gear) in the amount of $2,500 which is spread to the school district at $500 per year for the five year period. Also, the costs charged to the school district as start up costs (hiring replacement officer) are being spread over the five year period. The attached spread sheet shows the budget adjustments that are necessary to provide Y2 year salary for the two replacement officers as well as purchase the vehicles and miscellaneous equipment. The School Board approved the contract at their February 10th, 1998 Board Meeting. ACTION REQUIRED BY COUNCIL: Approve ordinance authorizing City Manager to execute contract with LPISD for provision of two police officers and amend the Police Patrol Budget by $85,170 to fund said contract. FUND N/A ACCT NUM: -• �, •- AkERRERA, CITY MANAGER FUNDS AVAILABLE: .91if 8 DATE �1 ORDINANCE NO. 98- 2224: AN ORDINANCE APPROVING AND AUTHORIZING A LAW ENFORCEMENT SERVICES AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE LA PORTE INDEPENDENT SCHOOL DISTRICT; 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. 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. 98- 2224 • C�Op� PAGE 2 PASSED AND APPROVED, this 23rd day of February, 1998. CITY OF LA PORTE By: Guy a land Mayo o-Tem ATTEST: 4a)lh*aAL.CG.i ett City Secretary City Attorney • AGREEMENT STATE OF' TEXAS § COUNTY OF HARRIS § 0 . C(DF)y Whereas, this agreement is made and entered into by and between the La Porte Independent School District, hereinafter called "DISTRICT," and the City of La Porte, a municipal corporation, located in Harris County, Texas, hereinafter called "CITY." WITNESSETH: Whereas, the DISTRICT desires to have the Chief of Police of the City of La Porte, hereinafter called "CHIEF," authorize and direct two (2) of the CITY'S patrol officers, hereinafter called "PATROL OFFICERS," to devote those officers' working time to the District Schools; during the normal school year, including teacher work days; and Whereas, the DISTRICT is willing to pay the CITY an agreed amount equal to the cost to the CITY for supplying law enforcement services, including salary and any additional expenses the CITY may incur in providing these services, so as to enable the PATROL OFFICERS assigned by the CHIEF to provide those services; NOW THEREFORE,, in consideration of the mutual covenants, agreements, and benefits to both parties, it is AGREED as follows: The CITY agrees to authorize the CHIEF to assign PATROL OFFICERS to provide law enforcement services to La Porte Schools. As used herein, the phrase "working time" means the usual or normal hours that the PATROL OFFICER is; required to work in any calendar month and does not include any extra overtime work. The time the PATROL OFFICERS are on duty within the area of the schools, the time the PATROL OFFICERS are in court in connection with cases arising out events occurring within the area; the time the PATROL OFFICERS spend in preparing reports and documents pertaining to events occurring in the area, the time the PATROL OFFICERS spend transporting persons arrested in the area to jail, the time the PATROL OFFICERS spend investigating crimes or possible crimes committed in the area, and the time spent in any and all activities related to performing law enforcement services for the DISTRICT shall be deemed working time. The items listed above are explanatory and the meaning for "working time" is not limited to said list. GOplr LPISD AGREEMENT Page 2 The DISTRICT agrees to pay to the CITY the sum of $90,000 for assignment of two (2) PATROL OFFICERS to the DISTRICT. This sum is based on two (2) officers, working eight (8) hours each day, for 187 days in the school year. The sum shall be for working time of the PATROL OFFICERS, and include all items provided by the City to the officers, including automobiles, uniforms, and related equipment. This cost shall remain constant for the first year, and may be increased Iby a factor equal to any Consumer Price Index - Urban (CPI-U) increases, for each year thereafter, using January 1998, as a base. The CITY shall notify the DISTRICT of any increases at least thirty (30) days prior to the effective date of the proposed increase. The CITY agrees to provide to the DISTRICT an invoice, at the beginning of each semester, setting forth the costs for providing the law enforcement services to the DISTRICT. The DISTRICT agrees to reimburse the CITY the cost as set forth in the invoice! within thirty (30) days of the date of such invoices. If the DISTRICT, for any reason disputes any items, in any invoices submitted by the CITY, the DISTRICT shall promptly notify the CITY of the dispute and request clarification and/or remedial action. The decision of the CITY regarding all disputes involving the cost for providing PATROL OFFICERS shall be final. Payment shall be made to the City of La Porte, Attention: Finance Director, P.O. Box 1115, La Porte, Texas 77572-1115. Invoices sent by the CITY shall be addressed to La Porte ISD, Attention: David Webb, Business Office 301 E Fairmont Parkway, La Porte, Texas 77571. Either party hereto may change its address for the purposes of this agreement by giving written notice of such change in the manner provided for in this agreement. The term of this agreement shall be for each school year, as determined by the DISTRICT, commencing August 10. 1998, for the 1998-99 school year, and ending on the final day of school in the year 2001, and shall include an option to extend this agreement for an additional two (2) years, with the same terms and conditions, upon the approval of the CITY and the DISTRICT. #-is be teFFRiF;ated witheut rause at any Wne by eitheF paFty by giving to the ethe n"Pvrcy at le spy-theFein the effertive date Of SUGh teFFAiRatien. It is expressly understood and agreed that the period or term of this agreement may be terminated with or without notice by the CITY at any time after the DISTRICT has defaulted on any payment of any obligation hereunder. Payments hereunder • LPISD AGREEMENT Page 3 shall be pro -rated to effective date of cancellation. • C�Op� Any notice required to be given in this paragraph to the DISTRICT shall be given by registered or certified United States mail, postage paid, return receipt requested, and addressed to the DISTRICT at 301 E Fairmont Parkway, La Porte, Texas 77571: Any notice permitted or required to be given in this paragraph to the CITY shall be given by registered or certified United States mail, postage prepaid, return receipt requested, addressed to CITY, Attention: City Manager, .P.O. Box 1115, La Porte, TX 77572-1115. IV. It is expressly understood and agreed that any PATROL OFFICERS assigned to work at the DISTRICT shall be subject to the exclusive control and supervision of the CHIEF and to the same extent as all other PATROL OFFICERS, and shall have no duty or obligation to the DISTRICT other than those duties or obligations which the PATROL OFFICERS would have to the public generally, to enforce state laws and CITY ordinances, specifically, PATROL OFFICERS shall not be required to enforce DISTRICT rules and regulations. The CHIEF shall set the working times (hours and days) for the PATROL OFFICERS after consulting with a designated agent of the DISTRICT. V. It is expressly agreed and understood between the DISTRICT and the CITY, that if;, in the opinion of the CHIEF, it is necessary to use the PATROL OFFICERS assigned to carry out this agreement for other duties due to an emergency, or other reasons as determined solely by the CHIEF, that the CHIEF may temporarily suspend the assignment of PATROL OFFICERS to comply with this agreement. It is, however understood by both the CITY and the DISTRICT that the DISTRICT will be credited on a pro-rata basis for charges hereunder if an officer is ;temporarily assigned to other duties at the direction of the CHIEF. M Both parties mutually agree that the CITY is an independent contractor, and shall have exclusive control of performance hereunder, and that employees of the CITY are in no way to be considered employees of the DISTRICT. LPISD AGREEMENT Page 4 VII. (C(OP)1( Should any litigation be commenced between the parties hereto concerning this agreement, or the rights and duties of either party in relation thereto, the party prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for its attorney's fees in such litigation. Nothing in this paragraph shall be construed so as to limit or waive the sovereign immunity of either the CITY or the DISTRICT. an This agreement shall be construed under and in accordance with the laws of the State. of Texas, and all obligations of the parties hereunder shall be performed in Harris County, Texas IX. If any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality; or unenforceability shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. X. This .agreement constitutes the Sole and only agreement of the parties hereto and supersedes any prior understanding of written or oral agreements between the parties respecting the subject matter within. XI. No amendment, modification, or alteration of the terms hereof shall be binding unless submitted in writing, dated subsequent to the date hereof, and duly executed by both parties. Neither party to this agreement may assign their rights, duties, or interests without first obtaining the written consent of the other party. Consent to one assignment shall not be deemed to be consent to any subsequent assignment. An assignment without the written agreement of both parties, or an assignment by operation of law, shall be void, and shall, at the option of either party, terminate this agreement. LPISD AGREEMENT Page 5 IN WiI MESS WHEREOF, the undersigned DISTRICT and CITY hereto execute this agreement effective on this the 11th day of August , 1 ggg La Porte Independent City of La Porte School District BY: BY: G&twtoa l . gw u� Dr. J n a er Robert T. Herrera . Su rintendent City Manager ATTEST: ATTEST. C Davison; Pres., Board Martha Gillett, City Se. etary — o Trustees /�^• APPROVED: / KFrbx Askins,`City`Attorney MRR 26 '98 133:5WM LAPORT I S D P.1/1 . COPY FOR YOUR INFORMATION IV. PUBLIC CKNOM r no Boned heard from Spero Pamonis reoiuffing hir concerns abaft fhzA- COPY( V. VNirnMEMD BUSUGM j i. Bill Bentley moved, seconded by 310ra w.7'0' 0k&6 to re -approve rove the contsad with City dLa Porte for treo (2) securityofficers begging ion v GEIIA Ports. Motion the 1998-09 unanimously. (Attacywr as so—dedtdoleted. andh to boound to �) VI. IV W BUsMSS 1-6. Nina Zoch moved, seconded by Charlie Peery, to approve items 1 t>•r m& b is (with corrected daon page 34, item 1�. Motion carried nnankwm l3►. (Attached to bound minutes) B. POLICY 1. Rachel Hampton moved, seconded by Nina Zoah, to approve and madvA coao:d Manning of pollay: a. pJ (Lucid). MfLa & lioHdtatlauc. M..I :........:..1 .........M&.Jay. 1AWAAhad is hmmd samum) 1-1. Nina 'Loch moved, seconded by note BmcLaugaun do approve Hems 1 and 2. 3Utfom carried �animously. (Attachet� to bound minutes) S. Cbm to Peery moved, seconded by Nina Zoch, to approve the purchase Of land. Bill Bentley moved to amend, secoaded by Charlie Perry, and purchase Ella ]sod invalvnd, but not to o:000d tho amount of 150.000. Winn to smmd carrlad unanimonsly. The original motion as amended carried unanimously. (Attached to bound minutes) 9atg. Mfg. 3/l A& La ft fe SD Bowd of Tmota s 5 k TI-TA IF PrBudget for Replacement Officers v For the period April 1, 1998 to September 30, 1998 Acct Account Title Officer 1 Officer 2 Total 1010 Regular Earnings 12,490 12,490 24,980 1060 FICA (7.65%) 955 955 1,910 1065 Retirement (11.43%) 1,427 1,427 2,854 1070 Workers Compensation (2.84%) 354 354 708 1080 Health Insurance 2,250 2,250 4,500 1081 Life Insurance 34 34 68 8021 Equipment for Officer 2,500 2,500 5,000 8050 Police Package Vehicle 22,575 22,575 45,150 Total Budget Adjustment 42,585 42,585 85,170 0 in QUEST FOR CITY COUNCIL AGENDOTEM AGENDA DATE February 23, 1998 REQUESTED BY John Joerns, Assistant City Manaqer REPORT; __ RESOLUTION; XX ORDINANCE; Attachment: Letter from Mr. Litchfield The City has a process whereby property owners adjacent to vacant streets and alleys can petition the City to have the street and/or alley closed. Among other items, the closure involves the payment to the City of a. fee that has a relationship to market value. The recent increase in the number of Street and Alley Closing requests has caused us to re-examine that process. Currently, the value can be obtained by two methods. First, the average appraised value of property per the Tax Rolls (HCAD) can be determined and multiplied by a factor of 1.75 to obtain the closing price, If this value is not agreeable to either party, then an independent appraisal can be obtained and the property can be sold for at least 75% of the appraised value. In the past, the City typically used the HCAD values times the 1.75 factor, however, with the advent of new construction and completion of the Fred Hartman bridge, we do not believe the HCAD values are updated frequently enough to ,provide consistent application across the City. Further, having to decide whether or not the HCAD value is a good value places staff in a position of trying to guess what market conditions are. Staff believes the City has grown to a point where a change in the closure method is warranted and proposes to completely do away with the HCAD method and close all properties based on an independent appraisal. By increasing the application fee to $400, we can include the price of the appraisal in the fee. Staff also proposes solidifying the wording by stating the property will be closed at 75% of the value obtained in the independent appraisal. The purpose for this is to get away from the perception that staff can negotiate prices with applicants. Additionally, while the ordinance is being changed, staff recommends that a time limit be added to the process. Occasionally, we see activity on applications that were started several years ago but the requester did not follow through on the closing and later want to revive their request. Our proposal is that the applicant will have 6 months to close the property after they have been notified by the City that all administrative activity has been complete, including the closure price. We believe these changes will greatly simplify this very important process of the City. As with any change, there will be properties in process. We recommend that any requests submitted prior to February '17, 1998 be handled under the old method. Currently there are about 6 that would fall in this category. ACTION REQUIRED BY COUNCIL: Approve Ordinance making changes to the Street & Alley Closing process. FUND N/A ACCT NUM: FUNDS AVAILABLE: A E FO ITY COUNCIL AGENDA Aq BER T. RA, CITY MANAGER DATE 0 (C ORDINANCE NO. 98- 2225 ou�MDr AN ORDINANCE AMENDING CHAPTER 62, ARTICLE II, "VACATING, ABANDONING AND CLOSING STREETS AND ALLEYS", SECTIONS 62-311 62-32 AND 62-35, OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Section 62-31, Application Generally, of the Code of Ordinances is hereby amended by adding thereto subparagraph 6, to hereafter read as follows, to -wit: 11(6) A statement by the applicant that the application shall be! considered withdrawn if all required actions under this Article have not been completed within six (6) months from date of written notification by city to applicant, that the application is administratively complete." Section 2. The fee associated with Section 62-32 and referenced .in Appendix A of the Code of Ordinances is hereby amended, to hereafter read as follows, to -wit: "Chapter 62. Streets, Sidewalks and Other Public Places Article! II. Vacating, Abandoning and Closing Streets and Alleys Section Amount this Code (a) Application fee to vacate, abandon or close (minimum).... $400.00 62-32(a)" Section 3. Section 62-35(b) of the Code of Ordinances is hereby amended, to hereafter read as follows, to -wit: "(b) Any conveyance, sale or trade made under the provisions of this article shall never be for less than the fair market value of the land or interest being conveyed, or sold or traded, as determined by an appraisal obtained by the city, . which shall be conclusive of, the fair market value of such land or interest. In conducting such appraisal, the appraiser shall appraise the tract of land sought to be closed as if it were an integral part of the adjoining or abutting tracts of land, and as if the city owned such tract of land in fee. Ord. 98-2225 0 0 (C.(DPY (1) Fair market value shall be considered seventy-five percent (75$) of the fee value as determined by such independent appraisal. If the city owns an interest in such a tract of land as a street, alley or easement, the fair market value shall considered seventy-five percent (75%) of the fee value as determined by such independent appraisal. (2) If` the city owns such a tract of land in fee, the fair market value shall likewise be determined hereunder at not less than seventy-five percent (75%) of the value determined in the manner provided in this subparagraph." Section 4. All ordinances or parts of ordinances in conflict herewith are: hereby repealed to the extent of such conflict only. Sections 5. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, 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. Section. 6. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a ;place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Ord. 98•-2225 10 • C(OPY Section. 7. This Ordinance shall be in effect from and after its passage and approval, and be applicable to applications filed after the effective date hereof. PASSED AND APPROVED, this 23rd day of February, 1998. ATTEST: Martha A. Gillet v City Secretary City Attorney LTYOF LA PORT By: Guy SUt4exland Mayor Pro-Tem �3 City of La Porte • `=' O �� Interoffice Memorandum To: Robert T. Herrera, City Manager John Joems, Assistant City Manager Knox Askins, City Attorney From: Jeff Litchfield, Director of Finance/ACM Date: February 11, 1998 Subject Changes to Street and Alley Closings Over the past several months, considerable thought has been given to the process we use to close and vacate streets and alleys in our City. Currently, there. are two methods used to value the property when a street or alley is requested to be! closed. The first method involves reviewing the appraisal data provided by the Harris County Appraisal District (HCAD), taking an average and multiplying by a factor of 1.75 to obtain the closing value. If this amount is not agreeable to either party, then an independent appraisal can be obtained and the closing value cannot be less than 75% of the value determined by the appraiser. Because of the time lag of the HCAD in appraising properties, we believe the tax roll values are not keeping pace with market conditions and have started requiring appraisals on recent requests. Because the decision to use the independent appraisal method is normally triggered by the City, it puts us in the position to determine if the HCAD value times 1.75 is equivalent to current market conditions. Neither myself nor anyone on my staff feels qualified to make that determination. At this time, I propose we change the method of handling this very important process. The goal in recommending this change is to provide a method that is fair to all involved and leaves little room for interpretation. Also, I do not want to leave the property owner with the feeling they have to try to "cut a deal with the City" or try to talk the city down on the price. First, I recommend changing the ordinance to require an independent appraisal on all street and alley requests. This gets us out of the picture because we no longer have to make the decision on whether or not we should use the HCAD method. Second, I recommend we increase the cost of the application fee from $100 to $400. The extra $300 should cover the cost of the appraisal. If we have a big project and the appraisal will be substantially higher than $300, we can request a higher application . fee. Third, I recommend we close all streets and alleys at 75% of the appraised value. I have attached a draft ordinance that incorporates these changes and am asking Knox to review it for accuracy. Especially the area changing the application fee. If these changes meet your approval, it can be placed on the next City Council Agenda (February 23). One important item we need to discuss is how we will handle the closings that are in process. I suggest we handle them on an individual basis and use our judgement to determine if HCAD is acceptable or do we need to request an appraisal. Attachment: Draft Ordinance