HomeMy WebLinkAbout1998-10-26 Regular Meeting of City Council
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MINUTES OF THE REGULAR MEt.'TING
OF LA PORTE CITY COUNCn.
OCTOBER 26, 1998
1. CALL TO ORDER
The meeting was called to order by Mayor Pro-Tem Alton Porter at 6:03 p.m.
Members of City Council Present: Councilpersons Guy Sutherland, Chuck Engelken,
Howard Ebow, Peter Griffiths, Deotis Gay, Charlie Young, Jerry Clarke and Mayor
Pro-Tern Alton Porter
Members of Council Absent: Mayor Norman L. Malone
Members of City Executive Staff and City Employees Present: City Manager Robert
T. Herrera, City Attorney Knox Askins, City Secretary Martha Gillett, Chief of Police
Bobby Powell, City Manager's Secretary Carol Buttler, Director of Administrative
Services Louis Rigby, Director of Public Works Steve Gillett, Director of Planning
Doug Kneupper, Assistant Finance Director Cynthia Alexander, City Tax Assessor
Katherine Powell, and City Purchasing Agent Susan Kelley.
Others Present: Reverend Michael Bingham, Spero Pomonis, Barry Bone, Debbie Cook
and a num\l)er of La Porte Citizens.
2. The Invocation was delivered by Reverend Michael Bingham.
3. Council considered approving the minutes of the Regular Meeting October 12, 1998
and Special Called Workshop Meeting on October 19, 1998.
Motion was made by Councilperson Sutherland to ~prove the minutes of the Regular
Meetin~ October 12. 1998 and Special Called WorkshoJ) Meetinl! on October 19. 1998
as presented. Second by Councilperson Griffiths. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Gay, Young, Clarke and Mayor Pro-
Tem Porter
Nays: None
Abstain: None
4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND
TAX PAYERS WISHING TO ADDRESS COUNCIL
No citizens or taxpayers addressed Council.
5. Council considered approving a Resolution authorizing the resale of Tax Properties to
Mr. and Mrs. Joe Booker
Assistant Finance Director Cynthia Alexander presented the summary and
recommendation information and answered Council's questions.
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City Council Meeting 10-26-98 - Page 2
Motion was made by Councilperson Clarke to approve Resolution 98-11. Second by
Councilperson Engelken. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Gay, Young, Clarke and Mayor Pro-
Tern Porter
Nays: None
Abstain: None
6. Council considered approving a Resolution authorizing the resale of Tax Properties to
Mr. Troy Guest
Assistant Finance Director Cynthia Alexander presented the summary and
recommendation information and answered Council's questions.
City Manager Robert T. Herrera stated that this property is owned by the La Porte
Independent School District and not the City.
Various Councilmembers had additional questions concerning this property.
Motion was made by Councilperson Gay to ~prove Resolution 98-12. Second by
Councilperson Griffiths. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Gay, Young, Clarke and Mayor Pro-
Tem Porter
Nays: None
Abstain: None
7. Council considered approving a Resolution Calling for the January 16, 1999 Election.
Assistant Finance Director Cynthia Alexander presented the summary and
recommendation information and answered Council's questions.
City Attorney Knox Askins brought forth information concerning the Resolution and
answered Councils questions.
City Manager Robert T. Herrera answered Councils questions.
Motion was made by Councilperson Ebow to CUJ"prove Resolution 98-13. Second by
Councilperson Engelken. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Gay, Young, Clarke and Mayor Pro-
Tem Porter
Nays: None
Abstain: None
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City Council Meeting 10-26-98 - Page 3
8. Council considered approving an Ordinance amending Ordinance 1444 Regulating the
Platting of Land into Subdivision in the City of La Porte and within the Extraterritorial
Jurisdiction of the City of La Porte by Adding a New Section 4.021 Minor Plats, and
further by Amending Section 4.06 Amending Recorded Subdivision Plats
Director of Planning Doug Kneupper presented the summary and recommendation
information and answered Council's questions.
Various Council members had additional questions concerning this property.
City Manager Robert T. Herrera confirmed that Council wanted staff to take this issue
back to the Planning and Zoning Commission to further discuss an acreage limit.
Motion was made by Council person Clarke to Table this Ordinance and send this issue
back to the Planning and Zonin, Commission. Second by Councilperson Gay. The
motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Gay, Young, Clarke and Mayor Pro-
Tem Porter
Nays: None
Abstain: None
9. Council considered approving Three Ordinances authorizing the City of La Porte to
Execute the following agreements with Dana Tank Container, Inc.:
A. An Industrial District Agreement with Dana Tank Container, Inc., for the term
commencing January 1, 1998, and ending December 31,2000 (Oed. 98-IDA-52)
B. A Water and Sanitary Sewer Service Agreement with Dana Tank Container, Inc.,
to provide Potable Water and Sanitary Sewer Service (Ord. 98-2292)
C. A Utility Extension Agreement with Dana Tank Container, Inc., for construction
and installation of an extension of utility main(s) (Ord. 98-2293)
Director of Planning Doug Kneupper presented the summary and recommendation
information and answered Council's questions.
City Attorney read: ORDINANCE 98-IDA-52 - AN ORDINANCE AUTHORIZING
THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT
AGREEMENT WITH DANA TANK CONTAINER, INC., FOR THE TERM
COMMENCING JANUARY 1, 1998, AND ENDING DECEMBER 31,2000;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF
City Attorney read: ORDINANCE 98-2292 - AN ORDINANCE APPROVING AN
AUTHORIZING A WATER AND SANITARY SEWER SERVICE AGREEMENT
BETWEEN THE CITY OF LA PORTE AND DANA TANK CONTAINERS, INC.,
TO PROVIDE POTABLE WATER AND SANITARY SEWER SERVICE; MAKING
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City Council Meeting 10-26-98 - Page 4
VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING
AN EFFECTIVE DATE HEREOF
City Attorney read: ORDINANCE 98-2293 - AN ORDINANCE APPROVING AND
AUTHORIZING A UTILITY EXTENSION AGREEMENT BETWEEN THE CITY
OF LA PORTE AND DANA TANK CONTAINERS, INC. FOR CONSTRUCTION
AND INSTALLATION OF AN EXTENSION OF UTILITY MAIN (S); MAKING
VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING
AN EFFECTIVE DATE HEROF
Motion was made by Councilperson to Ebow to ~prove all three Ordinances (98-IDA-
52.98-2292 & 98-2293 as read by the Ci~ Attorney. Second by Councilperson
Engelken. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Gay, Young, Clarke and Mayor Pro-
Tern Porter
Nays: None
Abstain: None
10. Council considered approving an Ordinance Granting a Permit Under Section 18-a-3 of
Ordinance No. 915, "Pipeline Transportation", Being Chapter 18-A of The Code of
Ordinances of the City of La Porte
Director of Public Works Steve Gillett presented the summary and recommendation
information and answered Council's questions.
City Attorney read: ORDINANCE 98-915-QQ - AN ORDINANCE GRANTING A
PERMIT UNDER SECTION 18-A-3 OF ORDINANCE NO. 915, "PIPELINE
TRANSPORTATION", BEING CHAPTER 18-A OF THE CODE OF ORDINANCES
OF THE CITY OF LA PORTE, TEXAS, DATED NOVEMBER 25, 1975, TO
CONSTRUCT A 6-INCH PIPELINE FOR THE TRANSPORTATION OF
ETHYLENE GAS; PROVIDING AN EFFECTIVE DATE HEREOF
Motion was made by Councilperson to G~ to ~prove Ordinances 98-915-00 as read
by the City Attorn~y. Second by Councilperson Engelken. The motion carried
unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Gay, Young, Clarke and Mayor Pro-
Tern Porter
Nays: None
Abstain: None
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City Council Meeting 10-26-98 - Page S
11. Council considered an Ordinance approving and authorizing a Contract between the
City of La Porte and Hugh L. LandNm & Associates, Inc. for Appraisal and other
services for properties located in the City's Industrial Districts; Appropriating $40,400
Annually to Fund Said Contract.
Assistant Finance Director Cynthia Alexander presented the summary and
recommendation information and answered Council's questions.
City Attorney read: ORDINANCE 98-2294 - AN ORDINANCE APPROVING AN
AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND
HUGH L. LANDRUM & ASSOCIATES, INC. FOR APPRAISAL AND OTHER
SERVICES FOR PROPERTIES LOCATED IN THE CITY'S INDUSTRIAL
DISTRICTS; APPROPRIATING $40,400 ANNUALLY TO FUND SAID
CONTRACT FOR CALENDAR YEARS 1999,2000, AND 2001; MAKING
VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING
AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson to Youn2 to aoorove Ordinance 98-2294 as read by
the City Attorney. Second by Councilperson Engelken. The motion carried
unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Gay, Young, Clarke and Mayor Pro-
Tem Porter
Nays: None
Abstain: None
12. Council considered an Ordinance approving and authorizing a Notice to Governing
Bodies of Harris County, Texas, La Porte Independent School District, San Jacinto
Junior College District, Port of Houston Authority, Harris County Hospital District,
and Harris County Flood Control District Regarding the City's consideration of a
Contiguous Geographic Area within the City of La Porte, Texas; requesting a waiver of
the 6O-Day Notice; Establishing a date for a Public Hearing on the Creation of
Proposed Reinvestment Zone Number One, City of La Porte, Texas; authorizing and
directing other Actions Preliminary to the Creation of the proposed Reinvestment Zone
Number One, City of La Porte, Texas
City Manager Robert T. Herrera presented the summary and recommendation
information and answered Council's questions. Mr. Herrera introduced Glen Opal of
Vinson & Elkins, Barry Bone and Dan McAuliffe, of TXI all three addressed Council
concerning the City's Creation of a proposed reinvestment zone.
Motion was made by Councilperson to En2elken to ;wprove Ordinance 98-2295 as
presented. Second by Councilperson Gay. The motion carried unanimously.
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City Council Meeting 10-26-98 - Page 6
Ayes: Sutherland, Engelken, Ebow, Griffiths, Gay, Young, Clarke and Mayor Pro-
Tem Porter
Nays: None
Abstain: None
13. Council considered approval of the consent agenda as follows (any item may be
removed by a Councilperson for discussion):
A. Award Annual Contract for Cleaning Televising and Removal of Roots form
Sanitary Sewer Lines
B. Award Bids for New and Replacement Equipmeot
C. A ward Bid for Gasoline and Diesel Fuel
Motion was made by Councilperson to Gay to ap.,prove the Consent Agenda as
presented. Second by Councilperson Engelken. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Gay, Young, Clarke and Mayor Pro-
Tem Porter
Nays: None
Abstain: None
14. ADMINISTRATIVE REPORTS
City Manager Robert T. Herrera reminded Council of the following events:
A. Comprehensive Steering Committee Meeting - October 27, 1998
B. TIF Workshop - November 9, 1998
C. Volunteer Appreciation Banquet - December 16, 1998
15. COUNCIJL ACTION
Council persons Sutherland, Engelken, Ebow, Griffiths, Gay, Young, Clarke and
Mayor Pro-Tern Porter brought items to Council's attention.
16. EXECUTIVE SESSION - PURSUANT TO PROVISION OF TIlE OPEN
MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084,
TEXAS GOVERNMENT CODE, - (CONSULTATION WITH
ATIORNEY, DELIBERATION REGARDING REAL PROPERTY,
DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION,
PERSONNEL MATrERS, CONFERENCE WITH EMPLOYEES
DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A
WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN
INVFSI1GATION)
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City Council Meeting 10-26-98 - Page 7
There was no Executive Session.
17. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED
IN EXECUTIVE SESSION
There was no action taken in the Executive Session.
18. ADJOURNMENT
There being no further business to come before Council, the Regular Meeting was duly
adjourned at 7:43 p.m.
Respectfully submitted,
vffi~~~ a. Ami!
City Secretary
Passed and approved on this 9TH day of November, 1998.
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Norman L. Malone, Mayor
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'EQUEST FOR CITY COUNCIL AGEN'ITEM
AGENDA DATE October 26. 1998 REQUESTED BY Cvnthia Alexander. Asst Finance Director
_ REPORT; XX RESOLUTION; _ ORDINANCE;
Over the past nine months, staff has been working diligently to resale certain properties obtained
in December 1997 in a delinquent tax lawsuit. The importance of these properties is that they
have people living in them. After general solicitation, including advertising in the Bayshore Sun,
we received offers from two individuals. The highest offer was from Mr. Joe Booker, who placed
an offer of $7,700 per property.
The parcels he is bidding on are located at the following addresses:
622 N. First
618 N. First
529 N. Third
525 N. Third
517 N. Third
The total amounts due all three taxing entities on these properties is $71,500. Mr. Booker has
bid a total of $38,500 on the properties. This represents a bid of about 53 cents on the dollar.
Mr. Booker has indicated his intent to allow the current tenants to remain in the properties at
rental rates similar to those they were previously paying.
One of the areas of major discussion at past Audit Committee meetings is the physical status of
the houses. While we are not able to make Mr. Booker meet certain standards, he has indicated
his plan for the properties, which does include bringing several deficiencies into compliance with
general codes. Mr. Booker has properties in other areas of the state and we have checked his
references.
In order for Mr. Booker to obtain these properties, all three taxing entities have to agree to resale
the properties at the discounted price. The School District approved the sale at their October 13,
1998 meeting and the item should be on a future Commissioner's Court.
Staff met with the Audit Committee on October 19, 1998 and received a favorable response
towards the resale of the properties.
Staff recommends the resale be made to Mr. Booker in order to allow the properties to be placed
back on the tax roll and in the hands of a productive taxpayer.
ACTION REQUIRED !BY COUNCIL:
Approve resolution al.llthorizing the resale of the tax properties to Mr. and Mrs. Joe Booker.
FUND N/A
ACCT NUM:
FUNDS AVAILABLE:
~J%
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RESOLUTION 98- ,
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RESOLUT~ON AUTHORIZING THE RESALE OF CERTAIN PROPERTY TO
JOE AND BARBARA BOOKER
WHEREAS the City of La Porte (City), in the course of its function as a taxing entity in the State of
Texas, obtains title to Ileal property in the capacity as Trustee for itself and other taxing units that tax
the property; and
WHEREAS it is necessary for various reasons that some of the property so obtained must be resold
by the taxing units for less than the aggregate amounts of taxes, penalties, interest and costs; and
WHEREAS Section 35.05 of the Texas Property Tax Code requires that when real property is sold
for less than the aggregate amount of taxes, penalties, interest and costs, the sale must be
approved by all taxing units that tax the property; and
WHEREAS the City has adopted procedures designed to provide all parties the opportunity to submit
offers to purchase such real property and to secure the best offer for such property that is sufficient
to pay at least the costs of suit and sale of such property; and
WHEREAS it is desirable that resale of the property be free and dear of all daims of the taxing units,
for all taxes, penalties interest and costs that have accrued up to the date of resale
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE,
Section 1. That the City of La Porte, as Trustee, resell the real property described in the attached
Exhibit "An, for the amounts set for on said Exhibit "An, in full satisfaction of taxes, penalties, interest
and costs that have accrued on the property up to the date of sale, subject to the approval of such
resales by official action by the governing bodies of the La Porte Independent School District and
Harris County.
Section 2. That 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 offices of City of La Porte 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 fonnally acted
upon. The City Council further ratifies, approves and continns such written notice and the contents
and posting thereof.
PASSED AND APPROVED this the 26th day of October, 1998.
C~~FLAPORTE.TEXAS
~L~
Nonnan Malone, Mayor Y'
APPROVE~ f,I/" ~
Knox Askins, City Attorney ~
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EXHIBIT A
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TAX RESALE PROPERTY TO BE SOLD TO BARBARA AND JOE BOOKER FOR A TOTAL
AMOUNT OF $38,500 (THIRTY-EIGHT THOUSAND FIVE HUNDRED DOLLARS).
TRACT 1: LOTS 5 & 6, BLOCK 37, TOWN OF LA PORTE, ACCORDING TO THE MAP OR PLAT
THEREOF RECORDED IN THE MAP RECORDS OF HARRIS COUNTY, TEXAS, AND COMMONLY
KNOWN AS 622 N. 1ST STREET, LA PORTE, TEXAS 77571.
TRACT 2: LOTS 31 & 32, BLOCK 105, TOWN OF LA PORTE, ACCORDING TO THE MAP OR
PLAT THEREOF RECORDED IN THE MAP RECORDS OF HARRIS COUNTY, TEXAS AND
COMMONLY KNOWN AS 529 N. 3RD STREET, LA PORTE, TEXAS 77571.
TRACT 3: LOTS 29 & 30, BLOCK 105, TOWN OF LA PORTE, ACCORDING TO THE MAP OR
PLAT THEREOF RECORDED IN THE MAP RECORDS OF HARRIS COUNTY, TEXAS AND
COMMONLY KNOWN AS 525 N. 3RD STREET, LA PORTE, TEXAS 77571.
TRACT 4: LOTS 25 & 26, BLOCK 105, TOWN OF LA PORTE, ACCORDING TO THE MAP OR
PLAT THEREOF RECORDED IN THE MAP RECORDS OF HARRIS COUNTY, TEXAS AND
COMMONLY KNOWN AS 517 N. 3RD STREET, LA PORTE, TEXAS 77571.
TRACT 5: LOTS 3 & 4, BLOCK 327, TOWN OF LA PORTE, ACCORDING TO THE MAP OR
PLAT THEREOF RECORDED IN THE MAP RECORDS OF HARRIS COUNTY, TEXAS AND
COMMONLY KNOWN AS 618 N. 1ST STREET, LA PORTE, TEXAS 77571.
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ttEQUEST FOR CITY COUNCIL AGENt ITEM
AGENDA DATE October 26. 1998 REQUESTED BY Cvnthia Alexander. Asst Finance Director
_ REPORT; .lQL RESOLUTION; _ ORDINANCE;
In August of 1994, the La Porte Independent School District became trustee for Lots 21 and 22,
Block 37, Bayfront Addition. The property is located on South Holmes.
The School obtained this property through the Delinquent Tax Constable Sale process. At this
time, the School has reached an agreement to resell the property to a neighboring property
owner, Mr. Troy Guest who resides at 514 South Holmes. Mr. Guest has agreed to purchase the
property for the base amount of the taxes which are due.
The School has asked the City to agree to resell this property at a discounted amount. The Base
Taxes due the City on this property are $362.82 and the Penalty and Interest are $438.06.
Staff met with the Audit Committee on October 19, 1998 and received a favorable response
towards the resale of ihe properties.
Staff recommends this property be resold to Mr. Guest for the amount of the base taxes. By
doing so, this gets the property back on the tax roll and in the hands of a productive taxpayer.
ACTION REQUIRED BY COUNCIL:
Approve resolution authorizing the resale of property to Mr. Troy Guest.
FUND N/A
ACCT NUM:
FUNDS AVAILABLE:
'DI tl \ q8
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RESOLUTION 98- l'
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RESOLUTllON AUTHORIZING THE RESALE OF CERTAIN PROPERTY TO
TROY GUEST
WHEREAS the La Porte Independent School District, in the course of its function as a taxing entity
in the State of Texas, obtains title to real property in the capacity as Trustee for itself and other
taxing units that tax the property; and
WHEREAS it is necessary for various reasons that some of the property so obtained must be resold
by the taxing units for less than the aggregate amounts of taxes, penalties, interest and costs; and
WHEREAS Section 35.05 of the Texas Property Tax Code requires that when real property is sold
for less than the aggregate amount of taxes, penalties, interest and costs, the sale must be
approved by all taxing units that tax the property; and
WHEREAS it is desirable that resale of the property be free and clear of all claims of the taxing units,
for all taxes, penalties interest and costs that have accrued up to the date of resale
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE,
Section 1. That the City of La Porte approves the resell of real property described in the attached
Exhibit "A", for the amounts set for on said Exhibit "A", in full satisfaction of taxes, penalties, interest
and costs that have accrued on the property up to the date of sale, subject to the approval of such
resales by official action by the governing bodies of the La Porte Independent School District and
Harris County.
Section 2. That 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 offices of City of La Porte 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.
PASSED AND APPROVED this the 26th day of October, 1998.
~~ill Ov ILI1it(
Ma ha\ Gillett, City Secretary
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EXHIBIT A
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TAX RESALE PROPERTY TO BE SOLD TO TROY GUEST FOR A TOTAL AMOUNT OF
$362.82 (THREE HUNDRED SIXTY TWO DOLLARS AND EIGHTY-TWO CENTS)
TRACT 1: LOTS 21 & 22, BLOCK 37 BA YFRONT ADDITION, ACCORDING TO THE MAP OR
PLAT THEREOF RECORDED IN THE MAP RECORDS OF HARRIS COUNTY, TEXAS.
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_QUEST FOR CITY COUNCIL AGEN"TEM
AGENDA DATE October 26. 1998
REQUESTED BY Knox Askins. City Attornev
_ REPORT; -1QL RESOLUTION; _ ORDINANCE;
At the October 19, 1998 City Council Workshop, Council instructed staff to bring forth a
resolution outlining the January 16, 1999 Bond Election and Section 4B % Cent Sales Tax
Election. Attached is that resolution.
ACTION REQUIRED BY COUNCIL:
Approve Resolution calling for the January 16, 1999 Election.
FUND N/A
ACCT NUM:
FUNDS AVAILABLE:
COUNCIL AGENDA
~98
DAT
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(f;@[P))f
RESOLUTION NO. 98--LL-
A RESOLUTION AUTHORIZING ALL NECESSARY ACTIONS TO CALL A BOND
ELECTION, AND TO CALL AN ELECTION FOR THE ADOPTION OF A SECTION 4B
ONE-BALI' CENT SALES TAX, ON JANUARY 16, 1999; DESCRIBING PROJECTS;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
The City council of the City of La Porte
authorizes all necessary actions to call a general obligation bond
election on January 16, 1999, for the following projects:
Municipal Buildinqs
proposition 1: Addition to City Hall ($1,500,000) - This
project includes an addition to the existing City Hall
building which was completed in 1978. These funds would be
used in conjunction with funds set aside in the last two
fiscal years for remodeling of the existing building.
proposition 2: Replacement of Fire Station 4 ($750,000) - The
Fire Station located on Shoreacres Boulevard is owned by the
City of Shoreacres. The City has use of it for a fifteen year
period that will end in 2004. The City has purchased property
at South Broadway and McCabe for the new station.
Proposition 3: Replacement of Fire Station 3 ($750,000) - The
Fire Station located on Lomax School Road will be replaced,
and a. new Fire Station constructed at or near the same
location. This station was originally the Lomax Fire station
and a newer facility is needed.
Street pavinq
Proposition 4: Re-paving of Fifth Street ($675,000) - North
Fifth Street is an asphalt street with open ditches. This
project wold replace it with a concrete street with curbs and
gutters.
Parks and Recreation
proposition 5: Replacement of the San Jacinto Swimming Pool
($250,000) - The existing San Jacinto Swimming Pool would be
demolished, and a new swimming pool would be constructed. The
bond funds would provide a new, zero depth pool, to be located
at or near its current site.
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Section 2 .
The City Council of the City of La Porte
authorizes all necessary actions to call an election on January 16,
1999, for the adoption of a Section 4B one-half cent sales tax. It
is estimated that this one-half cent sales tax, if adopted, would
produce approximately $750,000.00 in annual revenue. The revenue
from the sales tax would be pledged to support bonds for the
construction of a new public library on land owned by the City on
South Broadway Street, and the extension of Bay Area Boulevard
between Fairmont Parkway and Spencer Highway. Additional projects
could be considered by the City in future years, when the bonds for
the first two projects have been retired.
section 30 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 4. This Resolution shall be effective from and after
its passage and approval.
PASSED AND APPROVED this 26th day of October, 1998.
erR OF LA. PORTE
~~V~
Norman L. Malone, Mayor
By:
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ATTEST:
Secretary
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REO'ST FOR CITY COUNCIL AGIDA ITEM
Agenda Date Requested: October 26~
Requested By: Doug Kneuppe~ Department:
Report e ution
Planning
X Ordinance
Exhibits:
1.
Ordinance
Summary & Recommendation
In recent months, the Planning and Zoning Commission has reviewed numerous minor
subdivision plats that usually contain one or two lots and front on an existing roadway with
utilities already available.
State law allows for the delegation of approval responsibility to a City employee for minor
plats similar to the ones described above. The law states that the City may delegate to an
employee of the City the ability to approve 1) amending plats, and 2) minor plats involving
four or fewer lots fronting on an existing street and not requiring the creation of any new
street or the extension of municipal facilities. However, the designated employee may, for
any reason, elect to present the plat to the Planning and Zoning Commission for their
consideration. In addition, the designated employee shall not disapprove the plat and shall be
required to refer any plat, which he refuses to approve.to the Planning and Zoning
Commission within the time period specified elsewhere in the statutes.
Staff feels this would be a beneficial tool for both the developers and City staff. The
developers would be required to prepare the exact same documents as before, but scheduling
to meet with the Commission may not be required. Staff would continue to review all aspects
of the plat but may not be required to prepare an agenda and other material for presentation
to the Commission.
This matter was discussed during the October 15, 1998, Planning and Zoning Commission
meeting at which time the Commission directed staff to prepare an ordinance amendment for
consideration by City Council.
Action Required by Council:
Consider an amendment to Ordinance 1444 regulating the platting of land as it relates to
minor subdivisions and amending plats.
Availability of Funds: N/ A
General Fund
CapiUJI Improvement
Other
Account Number:
Water /W astewater
General Revenue Sharing
Funds Available: Yes
No
Council Agenda
to."., ~5
Date
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ORDINANCE NO. 1444-_
-rfl~ io;~b;Cjf
C@~~'
AN ORDINANCE AMENDING ORDINANCE NO. 1444 REGULATING THE PLATTING
OR REPLATTING OF LAND INTO SUBDIVISIONS IN THE CITY OF LA PORTE AND
WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF LA PORTE BY
ADDING NEW SECTION 4.021 MINOR PLATS, AND FURTHER BY AMENDING
SECTION 4.06 AMENDING RECORDED SUBDIVISION PLATS; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SAVINGS CLAUSE
AND A SEVERABILITY CLAUSE; 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 finds, determines and
declares that all prerequisites of law have been satisfied, and hereby determines and
declares that the amendments to Ordinance No. 1444, the Development Ordinance of the
City of La Porte, adding new Section 4.021, MINOR PLATS, and amending Section 4.06
AMENDING RECORDED SUBDIVISION PLATS, are desirable and in furtherance of the
goals and objectives stated in the City of La Porte's Comprehensive Plan, and are in
accordance with the authority granted to the City of La Porte in Chapter 212 of the Texas
Local Govt. Code.
Section 2. Section 4.02, DEVELOPMENT, of City of La Porte Ordinance 1444,
is hereby amended by adding a new Section 4.021, MINOR PLATS to read as follows, to-
wit:
"4.021 MINOR PLATS
Minor plats involving four (4) or fewer lots fronting on an existing
street and not requiring the creation of any new street or the
extension of municipal facilities may be approved by the Director
of Planning. The Director of Planning may, for any reason, elect to
ORDINANCE NO. 1444--
Page 2
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present the plat to the Planning Commission for approval of the
plat. The Director of Planning shall not disapprove the plat and
shall rrefer any plats which are refused to the Planning Commission
within the time parameters as delineated in Section 212.009 of the
Local Govt. Code."
Section 3. Section 4.06 AMENDING RECORDED SUBDIVISION PLATS, is
hereby amended to read as follows, to-wit:
Section 4.06 AMENDING RECORDED SUBDIVISION PLATS An
Amending Plat may be filed for record in the County map records to
correct dimensional errors, notational errors, other erroneous
information, to add to or delete monuments, or to relocate a lot line
between adjacent lots, as allowed in Section 212.016 of the Texas
Local Government Code, provided:
A. The signed Amending Plat Certificate shown on Enclosure 4
to Appendix D is placed on the face of the Amending Plat;
B. The Planning and Zoning Commission Certificate shown on
Enclosure 4 to Appendix D is placed on the face of the
Amending Plat; and
C. Commission approval of said Amending Plat is reflected by
Commission execution of said certificate.
The Planning Director of the City of La Porte may approve
Amending Plats, and execute Certification of same as set forth
above in lieu of the Planning Commission, as allowed in Section
ORDINANCE NO. 1444- e
Page 3
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212.0065 of the Texas Local Government Code. The Director of
Planning may, for any reason, elect to present the Amending Plat
to the Planning Commission for approval. The Director of Planning
shall not disapprove the Amending Plat and shall refer any plats
which are refused to the Planning Commission within the time
parameters as delineated in Section 212.009 of the Local Govt.
Code."
Section 4.
All rights or remedies of the City of La Porte, Texas, are expressly
saved as to any and all violations of the Development Ordinance or amendments thereto,
of said City of La Porte, that have accrued at the time of the effective date of this
Ordinance; and as to such accrued violation, the court shall have all the powers that
existed prior to the effective date of this Ordinance; and as to such accrued violation, the
court shall have all the powers that existed prior to the effective date of this Ordinance;
and that all existing violations of previous zoning ordinances which would otherwise
become non-conforming uses under this Ordinance but shall be considered as violations
of this Ordinance in the same manner that they were violations of prior zoning ordinances
of said City of La Porte.
Section 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, it is hereby declared to
be the intention of the City of 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.
ORDINANCE NO. 1444- e
Page 4
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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.
Section 7. This Ordinance shall become effective fourteen (14) days after its
passage and approval. The City Secretary shall give notice to the passage of the notice
by causing the caption to be published in the official newspaper of the City of La Porte at
least twice within ten (10) days after the passage of the Ordinance.
PASSED AND APPROVED THIS THE
DAY OF
,1998.
CITY OF LA PORTE
By:
NORMAN MALONE, Mayor
ORDINANCE NO. 1444- e
Page 5
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ATTESTATION:
By:
MARTHA GILLETT,
City Secretary
APPROVED:
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REoIsT FOR CITY COUNCIL AG.DA ITEM
Agenda Date Requested: 10-26-2
Requested By: Doug Kneupp
Report
Planning
XXX Ordinance
Exhibits:
Ordinance with Industrial District Agreement
Ordinance with Water and Sanitary Sewer Service Agreement
Ordinance with Utility Extension Agreement
Summary & Recommendation
On June 10, 1991, Council authorized the City Manager to present DANA TANK CONTAINER, INC.
a letter of intent to supply water and sewer and to formulate a modified Industrial District Agreement.
The City Manager delivered the letter of intent on June 20, 1991 and initiated negotiations consistent with
guidelines previously presented to City Council.
On January 26, 1998, Council authorized the City Manager to offer the following Agreements to
DANA TANK CONTAINER, INC.:
1.) Industrial District Agreement (with limited utilio/ service)
This Agreement was prepared by taking the City's standard IDA and modifying it to fit the
concepts approved by Council in June 1991. The key differences are:
. DANA agrees to abide by ordinances that deal with all aspects of being a utility customer of the City.
. DANA agrees to submit site plans for future expansions and improvements for City review for
compliance with Comprehensive Plan. (One specific concern is the FI0l Watershed Plan)
. The term of the IDA is consistent with all other IDA's in the Battleground Industrial District. The
agreement expires on 12/31/00.
~ DANA agrees to pay in-lieu taxes as if they were fully annexed by the City.
2J Water and Sewer Service Agreement
This Agreement was prepared by taking the standard form of agreement for water service to
industry (approved by Council on May 8, 1995) and modifying it to fit the concepts approved by Council
inJune 1991. The key features and/or differences are:
. The limits of water and sewer service are based on the requests made by DANA in 1991, and
reviewed by Council and are J!Qt based on our current policy of 50 gal per employee per day adopted
in May 1995.
. DANA agrees to pay City $114,355.00 for participation in City's construction costs for extending
casings and carrier pipe across SH225 (this is the estimate of construction costs that DANA would
have incurred to serve their site.)
. The expenses incurl."ed by DANA under terms of the Utility Extension Agreement to connect
utility mains to the SH225 crossing will be credited against the $114,355.00 contribution.(est.
$29,095)
. DANA agrees to construct enough sanitary sewer storage on-site to accommodate no less than
four times the average daily wastewater demands.
. DANA agrees that during periods when the City's collection system is surcharged, the City may
require them to cease use of the sanitary sewer service for periods up to thirty-six (36) hours.
. City shall have the right to interrupt or temporarily suspend service, in the event of an emergency
in order to serve the citizens of La Pone.
. DANA agrees to abily all rules, regulations, policies and ord.ces relating to utility
customers of the City.
~ The term of the agreement is for five (5) years and any agreed renewal and extensions as long as
there is a valid Industrial District Agreement in place.
3.) Utility Extension Agreement
This agreement was developed by taking the standard Utility Extension Agreement and
modifying it to fit 'this particular situation. In summary, key features of this agreement are:
. DANA agrees to construct and install
1. Approximately 400 foot of 8" waterline and appurtenances (connects the SH225 waterline
crossing to the City's water system)
2. Approximately 800 foot of 15" gravity sewer line and appurtenances (connects the SH225
sewer line crossing (force main) to the City's sanitary sewer system).
3. NOTE: the cost of the above construction (estimated $29,095.00) will be credited against the
$114,355 estimated cost for DANA if they had constructed utilities to serve their facility.
4. Any other extensions, repairs or maintenance required to make the 8" waterline crossing of
SH225 fully operational.
5. Lift stations and related facilities required to transport wastewater into the City's (gravity)
collection system. This will be a privately owned and maintained lift station.
. This agreement also provides that:
1. City shall approve plans and specifications.
2. City shall approve the engineers and contractor.
3. City shall provide daily inspection and approve all payments to contractor.
4. DANA to be responsible for securing necessary right-of-way, easements, licenses and/or
permits at no cost to the City.
5. A one year warranty from defects in materials and workmanship will be included.
6. DANA is not due any reimbursements from City or adjacent property owners for any future
connections to these utilities.
In summary, staff has constructed these agreements to fit the concepts outlined in 1991 and also used the
terms of our current standard Water Service Agreement with Industry, except where they conflict with
this specific utility request approved by Council in 1991.
Action Required by Council:
Consider approving Ordinances authorizing the execution of an Industrial District Agreement, Utility
Extension Agreement, and Water and Sanitary Sewer Service Agreement with DANA TANK.
CONTAINER, INC.
Availability of Funds: Not Applicable
General Fund
CapitaH. Improvement
Other
Account Number:
W ater/W astewater
General Revenue Sharing
Funds Available: Yes No
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~\h:JJu u
ORDINANCE NO. 98-IDA-~
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH DANA TANK CONTAINER, INC.,
FOR THE TERN COMMENCING JANUARY 1, 1998, AND ENDING DECEKBER 31,
2000; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section :1.
DANA TANK CONTAINER, INC. has executed an
industrial district agreement with the City of La Porte, for the
term commencing January 1, 1998, and ending December 31, 2000, a
copy of which is attached hereto, incorporated by reference herein,
and made a part hereof for all purposes.
Section 20 The Mayor, the City Manager, the City Secretary,
and the City Attorney of the City of La Porte, be, and they are
hereby, authorized and empowered to execute and deliver on behalf
of the City of La Porte, the industrial district agreement with the
corporation named in Section 1 hereof.
Section 3. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
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Section 4. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
PASSED AND APPROVED, this 26th day of October, 1998.
By:
CITY OF LA PORTE
~(?~
Norman L. Malone
Mayor
ATTEST:
'1JJ*a. AJ11U/
Martha . Gillett
City Secretary
Knox W. Askins
City Attorney
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NO. 98-IDA-S}
STATE OF TEXAS
COUNTY OF HARRIS
INDUSTRIAL DISTRICT AGREEMENT
(With Limited Utility Services)
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation of Harris County,
Texas, hereinafter called "CITY", and DANA TANK CONTAINER, INC.,
a New Jersey corporation, hereinafter called "COMPANY",
WIT N E SSE T H:
WHEREAS, it is the established policy of the City Council of
the City of La Porte, Texas, to adopt such reasonable measures from
time to time as are permitted by law and which will tend to enhance
the economic stability and growth of the City and its environs by
attracting the location of new and the expansion of existing
industries therein, and such policy is hereby reaffirmed and
adopted by this City Council as being in the best interest of the
City and its citizens; and
WHEREAS, pursuant to its policy, City has enacted Ordinance
No. 729, designating portions of the area located in its
extraterritorial jurisdiction as the "Battleground Industrial
District of La Porte, Texas", and Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porte, Texas",
hereinafter collectively called "District", such Ordinances being
in compliance with the Municipal Annexation Act of Texas, codified
as Section 42.044, Texas Local Government Code; and
WHEREAS, Company is the owner of land within a designated
Industrial District of the City of La Porte, said land being
legally described on the attached Exhibit "A" (hereinafter "Land");
and said Land being more particularly shown on a plat attached as
Exhibit "B", which plat describes the ownership boundary lines; a
site layout, showing all improvements, including pipelines and
railroads, and also showing areas of the Land previously annexed by
the City of La Porte; and
WHEREAS, City desires to encourage the expansion and growth of
industrial plants within said Districts and for such purpose
desires to enter into this Agreement wi th Company pursuant to
Ordinance adopted by the City Council of said City and recorded in
the official minutes of said City; and
WHEREAS, City and Company have entered into a Watl~r and Sewer
Service Agreement and a Utility Extension Agreement, . both of even
date herewith, reference to which is here made for a~_l purposes;
and
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WHEREAS, it is the intention of City and Company that should
there be any conflict between the provisions of said Water and
Sewer Service Agreement, and said Utility Extension Agreement, and
the terms and provisions of this Industrial District Agreement, the
terms and provisions of the Water and Sewer Service Agreement and
the Utility Extension Agreement, as the case may be, shall control,
to the extent of such conflict only:
NOW, THEREFORE, in consideration of the premisl~s and the
mutual agreements of the parties contained herein and :;>ursuant to
the authority granted under the Municipal Annexation ]I.ct and the
Ordinances of City referred to above, City and Company hereby agree
with each other as follows:
I.
City covenants, agrees and guarantees that during the term of this
Agreement, provided below, and subject to the terms and provisions
of this Agreement, said District shall continue to retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the Land belonging to Company and its
assigns, unless and until the status of said Land, or a portion or
portions thereof, as an industrial district may be changed pursuant
to the terms of this Agreement. Subj ect to the foregoing and to
the later provisions of this Agreement, City does further covenant,
agree and guarantee that such industrial district, to the extent
that it covers said Land lying wi thin said District c.nd not now
within the corporate limits of City, shall be immune from
annexation by City during the term hereof (except as hereinafter
provided) and shall have no right to have extended to it any
services by City, except as provided in the Water and Sewer Service
Agreement and the Utility Extension Agreement of even date herewith
between City and Company, reference to which is here made for all
purposes, and that all Land, including that which has been
heretofore annexed, shall not have extended to it by orjinance any
rules and regulations (a) governing plats and subdivisions of land,
(b) prescribing any building or electrical codes, !=.lurnbing or
inspection code or codes, or (c) attempting to exercise in any
manner whatever control over the conduct of busine~s thereon,
except as provided for in Exhibit "C" and except as provided in the
Utility Extension Agreement and Water and Sewer Servic,: Agreement
of even date herewith; provided, however, it is agreed that City
shall have the right to institute or intervene in any
administrative and/or judicial proceeding authorized by the Texas
Water Code, the Texas Clean Air Act, the Texas Health & Safety
Code, or other federal or state environmental laws, rules or
regulations, to the same extent and to the same intent and effect
as if all Land covered by this Agreement were not sub:i ect to the
Agreement.
II.
In the event that any portion of the Land has heretofore been
annexed by City, Company agrees to render and pay full City ad
valorem taxes on such annexed Land and improvements, a::1d tangible
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personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended), the
appraised value for tax purposes of the annexed porticn of Land,
improvements, and tangible personal property shall be determined by
the Harris County Appraisal District. The parties heret~ recognize
that said Appraisal District has no authority to appraise the Land,
improvements, and tangible personal property in the una::mexed area
for the purpose of computing the "in lieu" payments hereunder.
Therefore, the parties agree that the appraisal of the Land,
improvements, and tangible personal property in the una::mexed area
shall be conducted by City, at City's expense, by an independent
appraiser of City's selection. The parties recogni:~e that in
making such appraisal for "in lieu" payment purpJses, such
appraiser must of necessity appraise the entire (annexed and
unannexed) Land, improvements, and tangible personal pro:?erty.
Nothing herein contained shall ever be interpreted as lessening the
authority of the Harris County Appraisal District to establish the
appraised value of Land, improvements, and tangible personal
property in the annexed portion, for ad valorem tax purp.Jses.
III.
A. On or before April 15, 1998, and on or before each April 15th
thereafter, unless an extension is granted in accordance with the
Texas Property Tax Code, through and including April 15, 2000,
Company shall provide City with a written description of its Land
and all improvements and tangible personal property loc~ted on the
Land as of the immediately preceding January 1st, :;itating its
opinion of the Property's market value, and being sworn to by an
authorized officer of the Company authorized to do so, or Company's
duly authorized agent, (the Company's "Rendition"). ':ompany may
file such Rendition on a Harris County Appraisal District rendition
form, or similar form. The properties which the Company must
render and upon which the "in lieu of" taxes are assessed are more
fully described in subsections 1, 2, and 3 of subsection D, of this
Paragraph III (sometimes collectively called the "Property"). A
failure by Company to file a Rendition as provided for in this
paragraph, shall constitute a waiver by Company for the current tax
year, of all rights of protest and appeal under the terms of this
Agreement.
B. As part of its rendition, Company shall furnish to City a
written report of the names and addresses of all persons and
entities who store any tangible personal property on the Land by
bailment, lease, consignment, or other arrangement with Company
("products in storage"), and are in the possession or under the
management of Company on January 1st of each Value Year, further
giving a description of such products in storage.
C. On or before the later of December 31, 1998, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2000, Company
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shall pay to City an amount "in lieu of taxes"
Property as of January 1st of the current calendar
Year") .
orL c.ompany' s
Yl~ar ( "Val ue
D. Company agrees to render to City and pay full City ad valorem
taxes in the form of "in lieu of taxes" payments, on its land and
improvements and tangible personal property, as fully as if said
land, improvements, and tangible personal property were annexed to
City.
E. Company agrees to pay all "in lieu of taxes" payments
hereunder, to City on or before December 31st of each year during
the term hereof. This Agreement shall be subject to all provisions
of law relating to determination of value of land, irrprovements,
and tangible personal property, for tax purposes (e.g., rendition,
assessments, Harris County Appraisal District review and appeal
procedures, court appeals, etc.) for purposes of fixing and
determining the amount of ad valorem tax payments, and the amount
of "in lieu of tax" payments hereunder, except a:: otherwise
provided in Article VI hereof.
IV.
This Agreement shall extend for a period beginning on the 1st day
of January, 1998, and continuing thereafter until Dl~cember 31,
2000, unless extended for an additional period or periods of time
upon mutual consent of Company and City as provided by the
Municipal Annexation Act; provided, however, that in the event this
Agreement is not so extended for an additional period or periods of
time on or before August 31, 2000, the agreement of City not to
annex property of Company within the District shall terminate. In
that event, City shall have the right to COmmenCE! immediate
annexation proceedings as to all of Company's property covered by
this Agreement, notwithstanding any of the terms and provisions of
this Agreement.
Company agrees that if the Texas Municipal Act, Section 42.044,
Texas Local Government Code, is amended after January 1, 1994, or
any new legislation is thereafter enacted by the Legislc.ture of the
state of Texas which imposes greater restrictions on the right of
Ci ty to annex land belonging to Company or impo~ies further
obligations on City in connection therewith after the annexation of
such land, Company will waive the right to require City to comply
with any such additional restrictions or obligations and the rights
of the parties shall be then determined in accordance wi th the
provisions of said Texas Municipal Annexation Act as the same
existed January 1, 1994.
V.
This Agreement may be extended for an additional period or periods
by agreement between City and Company and/or its assigns even
though it is not extended by agreement between City anc~ all of the
owners of all land within the District of which it is a part.
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VI.
A. In the event Company elects to protest the valuation for tax
purposes set on its said properties by City or by the Ha.rris County
Appraisal District for any year or years during the terms hereof,
nothing in this Agreement shall preclude such protest and Company
shall have the right to take all legal steps desired by it to
reduce the same.
Notwithstanding such protest by Company, Company agrees to pay to
City on or before the date therefor hereinabove provided, at least
the total of (a) the total amount of ad valorem taxes on the
annexed portions, plus (b) the total amount of the II in lieu of
taxes" on the unannexed portions of Company's hereinabove described
property which would be due to Ci ty in accordanCE! wi th the
foregoing provisions of this Agreement on the basis of renditions
which shall be filed by Company.
When the City or Harris County Appraisal District (as the case may
be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter Company
shall make payment to City of any additional payment due hereunder
based on such final valuation, together with applicable penalties,
interests, and costs.
B. Should Company disagree with any appraisal made by the
independent appraiser selected by City pursuant to Article II above
(which shall be given in writing to Company), Company shall, within
twenty (20) days of receiving such copy, give written notice to the
City of such disagreement. In the event Company does not give such
written notice of disagreement within such time period, the
appraisal made by said independent appraiser shall be final and
controlling for purposes of the determination of "in lieu of taxes"
payments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall also
submit to the City with such notice a written stateml~nt setting
forth what Company believes to be the market value of Company's
hereinabove described property. Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an
agreement as to the market value of Company's property for "in
lieu" purposes hereunder. If, after the expiration of thirty (30)
days from the date the notice of disagreement was received by City,
the parties have not reached agreement as to such market value, the
parties agree to submit the dispute to final arbitration as
provided in subparagraph 1 of this Article VI B. Notv,i thstanding
any such disagreement by Company, Company agrees to pay to City on
or before December 31 of each year during the term hereof, at least
the total of (a) the ad valorem taxes on the annexed portions, plus
(b) the total amount of the "in lieu" payments which would be due
hereunder on the basis of Company's valuations rendE~red and/or
submitted to City by Company hereunder, or the total assessment and
"in lieu of taxes" thereon for the last preceding year, whichever
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is higher.
1. A Board of Arbitrators shall be created com~osed of one
person named by Company, one by City, and a third to be
named by those two. In case of no agreeml~nt on this
arbitrator in 10 days, the parties will join in a
written request that the Chief Judge 01: the u.s.
District Court for the Southern District of Texas
appoint the third arbitrator who, (as the "Impartial
Arbitrator") shall preside over the arbitration
proceeding. The sole issue to be determi.ned in the
arbitration shall be resolution of the difference
between the parties as to the fair market value of
Company's property for calculation of the "in lieu"
payment and total payment hereunder for the year in
question. The Board shall hear and consider all
relevant and material evidence on that issl.:.e including
expert opinion, and shall render its written decision as
promptly as practicable. That decision shall then be
final and binding upon the parties, subject only to
judicial review as may be available under the Texas
General Arbitration Act (Articles 224-238, Vernon's
Annotated Revised Civil Statutes of Texas). Costs of
the arbitration shall be shared equally by the Company
and the city, provided that each party shall bear its
own attorneys fees.
VII.
City shall be entitled to a tax lien on Company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in payment of "in lieu of
taxes" payments hereunder, which shall accrue penalty and interest
in like manner as delinquent taxes, and which shall be collectible
by City in the same manner as provided by law for delinquent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding upon
City and Company, and upon Company's successors a::ld assigns,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of ~he property
belonging to it within the territory hereinabove described, and the
agreements herein contained shall be held to be covenants running
with the land owned by Company situated within said te::-ritory, for
so long as this Agreement or any extension thereof remains in
force. Company shall give City written notice within ninety (90)
days, with full particulars as to property assigned and identity of
assignee, of any disposition of the Land, and assigrur.ent of this
Agreement.
IX.
The parties agree that this Agreement complies with e;cisting laws
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pertaining to the subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate,
and not unduly restrictive of Company's business ac:ti vi ties.
Without such agreement, neither party hereto would enter into this
Agreement. In the event anyone or more words, phrases, clauses,
sentences, paragraphs, sections, articles or other parts of this
Agreement or the application thereof to any person, firm,
corporation or circumstances shall be held by any court of
competent jurisdiction to be invalid or unconsti tutional for any
reason, then the application, invalidity or unconstitutionality of
such words, phrase, clause, sentence, paragraph, section, article
or other part of the Agreement shall be deemed to be independent of
and separable from the remainder of this Agreement and the validity
of the remaining parts of this Agreement shall not be affected
thereby.
x.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
ENTERED INTO effective the '2~ JLr
1998.
By:
Name: KOh4\d 8. U~f)Q\
Ti tIe: ~~\\e.s '\ ("~..t.2 n+
Address: ~ 10 eSSe'!- /I~ [
Ave n eJ fl}:s 0,00 I
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Krl x W. Askins
City Attorney
City of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
Phone: (281) 471-1886
Fax: (281) 471-2047
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CRY, OF :t-W-TE
~~. ~-
Norman L. Malone
Mayor
Gi~ -r 14u-~
Robert T. Herrera
City Manager
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
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"EXHIBIT A"
TO INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF LA PORTE
AND
,o/9A.f"", 77'?V/\' ccw' ;.-~....,v.IE..e ..I ~,,~
(Metes and Bounds Description of Land)
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.~.,...'r,o{:~;:r:~.>: ". " .:' . .':.EX":!I~IT~A.-Pa~e.lof.2:.:. ,,;::~' :.:.I:::"::~,,~;'~~,' ::,~:,':.,_.::~~
::~~:;.; ~:.~.:..~:;.~ '~.'~~::: >.' . ; ;.~.:.- .~ '. <. ;.;: .... .':.c.. .":" .:.,~, :+,::.:~":::::'.':'~~: ':'~"~~;l~..~"" r1:is.::.- r'.~.../<:./~.~~:;
'~I.".~:.' 1835:~e~ ot'.I~:.rtl~re "o'r'l~S~' I~t~;fin' th~ 'EnoCh'B~irlson~,sLi.vey'" i"AliStrad:: '. . . "'l~ ~,i':'
... -" " ,.... _," 'J'" . . " .. . ....":,..5.
._~~.=" '~'~~~!~~~g"~;~1r.1ei r~j.8'Of._t~~t.~:~lW':;;)~j~:i;;;i.};
1: . c.t;o am1:::d ei:l':8&..lTmi::t'U;:~eQ;t(:i~.=seI~ed''''. 'l:IH.ldlt~9{~ :;,f!.;~'r-"
'- -.- _'.L ......,-...~. .... ."....--1... ~~' r. ..... :....;;;:ft~. 'iII ,.. ....,. ::" ," ;'<lo>~'
:~~&~~ ~ irr :~!~pl'~~~.?011the, O~~ ~~:f;;..' "',..:;:JfJ~~~! 0 {~~~L
~~ ,<.,. ,.. . _ 'f:~tY.:~ ..~!;;~~:~e~QJK:r~'~~m.g:,p:lQn[ Q~: .~:~~~!b.~:-:-:- :..-::-~::,
. ::tat~:t":~il.~.,,::.:. ~.:...~ .. ". . I -.. '..r;-~-.'~ ....~"1;...~.
~~~';~~.:"(.::.;--l.~.~' .~ ,:. .~:" ~~~ ..... '."'!. . ',~. . ".':.,::.-
-~. ~"j~~' :~.~;=.. _'.:~~~ comer.ei1he,lIrtheat(~.cortI8r~~";that .J ':"~~ ..
.' . . .. . - ..,..........~_;.;W:__ -I-;;.n......... ...~UM.;... J.:::t ..' . .. . ';,' .
.",."JatIlol_..._.8$. F'~_ .~c. _n.,..,v.... or ,_...-.'.~
"'''''''r'i!i~~,,_'',no.KSB81,75 of(ih.i~Pu~ ..... .'
j.. .,. -':.' ..... "'....._ R..........._. -.d...lIIi--~_
.....:;. ,.,' _' '1~1I'l~'-"'-'r''''~''
~if~.-~ ~. ;': ~ ~. /,. :. ...~. . . . . . II.
'..k.. ,; ',' :Said;~'lIni 'Nor$B8O 14 minuteS 08 secanttf !asJ., 1'37.2.20'-
~".r~g;._S'~edOr'CameJii 'being:tRe Ndi'tneast camet 01' sak:f 5&84' acres: {&
~;~ "lfJ:.:':i-~~ ..:~.:.:.:. ~~~1t:.. ~ .... ' - ~. ~'.... . , . ~ J' lIr:
/i. ~H;~~cetYiithf~$~ 11A~ af said 5U4 acres. Sclutl'J'O;o '45'/minUtes 52
~~ ~J. ' .; ~liast, t7.0.oo'..1o:.a Sl8! Iron rod seMor..comer: . . ..
?ffi'~.~'. ;~ .':'--:":,~,,:. . '" . "~~... . . '
'. ..~ . ~sa JeatJlrlg said easterly line. North 560 04 .r.iunutes !IS seconds West. .~
.: .~ to .a .5/8" .Iron .~ $8l. tor comer; ..
. , .
.- .:tt.H:N~. soutff'88'"f~ mlnlJtes~08' seconds We-st. 1 074. j5"t~ 518" iron rod sef -. - -- '.
~l~..:~' .:.;r.1~~. i' .'.. '., . . .
.}f:;}~;;'.J~' .:.".;.. .~:;.- ;~SOr.J.Q1"'45 minutes 17 seconds East. 3!'~.90' to a 518" iron'rod set
J.jE~?(l. )t~:_.;~~.' -".1 . .
14~!~:< . '. J~~, s~~IBaO 1~minuies 02secor.dsWest, 200.00' to a 518- Iron rod found
{ : :fer oomer at ttle! SOl1theast cOrner of afarementloned 8.672 atl:e tract . .
. J ~. '., . . I: . ..
ltiENCE, witli the. easterly jjne of said 8.672 ada ~iact, North 01 ~ 45 minutes 17
.-:onds- West, "449.9'7' to tn~ point of beginning and containing 4.835 acres of
.Iand. I
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. . .... .:<.~ "'!. .: ..:,.'. :.: ~.: "I .1 . ..,....';;-:' -as"';. ~.o,; :, ~;' ;;~;.,,:.:i'<.'J..t'~.('i'" .....i......; .l;;l,;it~t'::;:i'i~
'....-=... "irRAGJ.1I . .' .. .... .. ..-.-.--:::.....:...-;:..=. ...'...l~.:::.\.,l::.j.iJ:";.aj(f~.'~.. 'l:i." ..:~.'.!t..:.~:..l?''<l\.
;";:;,'i;' ,. , '<' l .'; , . ....' , ': .' :'. "'''. ~ · ,.""""''"i<&'.'~
~i!0f.:,. !1~6..: ~~!!s:of.~~.e.or less;~tea:int~e E~oc/:l BrI~on:~urV~. ~Dstract;. , :'-}
'~li.::: ", ~tY.l..l~,' n:rore. pal1l~ularly,b,eit.1g at.()fJttlose certain calt~~ lt6!2~~.~~:; .' . :,:. . .. . )i":
.... _ . 'bed as'"First. :rracf."and':"SetOnQ.;r.racr.,;respectivelY;i.'iuid.~conV~e(n6 . .. ' . ..,.... :- '~';' ,
~~\rU~~~t.o~:~~~d :~.R~e~fil~'n~<~1 ~~ ot..1h&1. ~~.pp~..R.ec:ordS-.. :". '. r .,~~ ':~:::,.~.;'~
...., :.~~Is,~IjAlY....:r.~~!'S8:1c;t..1.0.t)73.-.acres ..e.ng, n,~~~lCularly_.. r:. '. . ':. ;;1i~:'
-~?,; ~QQ~" 'fOl' ,~.',., - ,"" 1'-'" . ~
;i';(~'I\';?;/+'''~: ,~ .'':: ..: . - iCe: (>;,.;.: ~:i:':~~.F ..
:Il '.:IL a ~f .....Iron: l:;pJ~ ..fqund.' I1$1<lng She, NQrtliwest:comet~ '~f' ..~;,'. ':- '. ::-
q~Q(N-~.san-le:t:iIJir:1g-m;tne'i:!8Sl*'Y..r1g.':1L=Cf.~'lYB.'t~Imt.;.of;sens~' ',' ..t-. '.~
~;f':~" '.'.,.'!:":'" --. . ,.; +._.-~~~-.~~/J -
" . ':~1.lG~~l1..nll$';Qf,saId~'and 8.6.72 acre tr.actS..Nortl\8S! 14,-
~. '. ...~,:p. ': e.si.'~.a&'t()ai'5f84Iton rod foundma'i'Hlng:tt:\8:-Wcrtf1east: -'
..C' . ~el$.t~Cresi I . i . . .
;zr~. .n.......,m-r.i+-" """"';~.. . OM .
:~~mh~i';'~d~ lir)e ;~. ~* '8.6.72 .acres. South01~'-45 m~i~s '17.
__.. '. ':i.4!i9..91":to a 518" 'Iton 'r.6l;..found marking the Sotrtheast ~:of
,,'S~~%~:Jc~. . '. ,,-,. ' .:.'. . -
. ~t.{~ .~"..; _~.Wlw.$e~soath:er.ty',lin8 -of.said 8;;67.2 acres, South SS. 13 rtllnuteS.Q2 .-
./: . . _~~'~,' .~-.:.'swest;~ao-)~8'"to.'a5l8~llroIHodfound'fcr comer in the nortt\erl~ rtght-of-
';;::'~ ~,.'~', .. ......::-s...... ,....1....... ,No 22'S' ' . I
.. ~.~ 0:. ~. ':.. .:\11 ~UIII n 'd'lf/nay-, .. I '. t
;11iENCE..witl'r-said northerly right-ot:-way line. the. fOllowlng.four (4) ~urses:
.ft !;"r......
~i~:;"~-;: '. . t.\ Marth- ~9"'43 minutes 46. seconds West, 18.11' to a 112" iron rod: set for.
.;.~:. ' , . . 'WlOer;.tM beginning of a Cl:Jrve; .~ .
{\.;?-~t;,;; . ,! ~l\lttll8l.. of: tangent c~ to lholeft. - c..;,. "i~ subt~n(!ed by
... .'. : , 0;'; ". u'::...:!'.:.i..., I._gte of 7.'- 00 -10.._.. 00 d ..~, I dl of 421 ~.
='''''~:_~;_;;.u: ';.': .... .t-' .....~~~I\\IQ1..an . _.,. . 1111.".'....... seeon Sf IIClvng.a ra us .~,
_ __.. '; . ' ,.. . ' JIt'Idan art lengthot 590.26' to a tiT ifof'l iPC1 set for' comer. .
'3,' south.87137' m~ute: sa seconds West. 48.00' 10 a 1/2" iron rod set for
comer; I
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North 48" 31 minutes 05 sei=nds West,: 56.57' to a 1/2" iron rod set for
corner In.lbe aforemel!ltloned easterly r1g~t-of-way line of Sens Road;
I
l'HSi(i;E. leavinq.said northeRly right-ot-way line of State Highway 225 and ~ith
sa(d easterly right-or-way line of Sens Road. ~orth 010 44. minutes 03 seconds
West. 1"07.41' to the' point of begiMing and cor.!air.ling 10.673 ~res of land.
4.
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"EXHIBIT B"
TO INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF LA PORTE
AND
LJ/7NI7 TAA/.J:;- Co.{/.77?~..5~ ..z:-.,v"C
(Attach Plat reflecting the ownership boundary lines; a
site layout, showing all improvements, including
pipelines and railroads, and also showing areas of the
Land previously annexed by the City of La Porte.)
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"EXHIBIT e"
TO INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF LA PORTE
AND
DA''lA "TA"j K COIVTA/AJr=rzj J...,NC.,I
Company agrees to abide by all City's rules,
regulations, policies and ordinances regarding utility
service unless the provisions of the Water and Sewer
Service Agreement prevail or impose specific or more
strict standards.
For any future expansions or improvements to the site
described in Exhibit "A" and "B", Company shall present
a site plan to the City of La Porte for review. Company
further agrees to abide by the concepts established in
the City's adopted F10l Master Watershed Plan by
provided onsite detention of stormwater runoff for any
future improvements.
Company further agrees to participate in future planning
of water and sewer demands undertaken by the City or by
the La Porte Area Water Authority.
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ORDINANCE NO. 98-2292
C'" O":~"DV
". :~r i;t:..; .
I :~:. ,t.::.
AN ORDIHAHCE APPROVING AND AUTHORIZING A WATER AND SANITARY SEWER
SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND DANA TANK
CONTAINER, INC., TO PROVIDE POTABLE WATER AND SANITARY SEWER
SERVICE); MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FIHDJl:NG COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN E~FECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 10 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 20 The city Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
Ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
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ORDINANCE NO. 98- 2292
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PASSED AND APPROVED, this 26th day of October, 1998.
By:
ATTEST:
~ o. ~111Ut
M a A. Gillett
City Secretary
tz~.zJ
Knox W. Askins
City Attorney
CITY OF LA PORTE
~~--:?~
Norman L. Malone
Mayor
PAGE 2
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STATE OF TEXAS ~
COUNTY OF HARRIS ~
WATER AND SANITARY SEWER SERVICE AGREEMENT
(With Utility Extension Agreement)
This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a
municipal corporation of Harris County, Texas, hereinafter called "CITY", and DANA TANK
CONTAINER. INC ,a New Jersey corporation, hereinafter called "COMPANY".
1.
COMPANY is the owner of certain real property which is situated in CITY'S Battleground
Industrial District and not within the corporate limits of the CITY. CITY and COMPANY have
entered into an Industrial District Agreement, and a Utility Extension Agreement, both of even date
herewith, reference to which is here made tor all purposes; and Whereas, it is the intention of
CITY and COMPANY that should there be any conflict between the provisions of said Industrial
District Agreement, and said Utility Extension Agreement, and the terms and provisions of this
Water and Sewer Service Agreement, the terms and provisions of the Water and Sewer Service
Agreement and the Utility Extension Agreement, as the case may be, shall control, to the extent of
such conflict only.
II.
COMPANY is desirous of purchasing potable water and sanitary sewer service from CITY
for usual human domestic consumption and uses, and sanitary sewer service for tank washing and
cleaning of tank trucks by COMPANY. Previous planning considerations for the long-range
potable water supply and sanitary sewer service of CITY did not include the needs of property
located outside the city limits of CITY. COMPANY recognizes that CITY cannot at this time
provide permanent and unlimited water and sanitary sewer service as requested. CITY agrees,
however, to provide limited potable water and sanitary sewer service to COMPANY. For and in
consideration of furnishing domestic potable water and sanitary sewer service by CITY, the parties
hereto agree as follows, to-wit:
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03/06/98
20f8
III.
COMPANY has made the following representations to CITY as to its request for water and
sanitary sewer service, as of the date of this agreement, upon which representations CITY has
relied in entering into this Agreement.
Domestic water and sanitary sewer = 1,000 gallons per day (gpd)
Industrial sewer (tank washing and cleaning) = 28,750 gallons per day (gpd)
IV.
CITY has detennined that adequate facilities are available to CITY to furnish limited
potable water and sanitary sewer to COMPANY based on the following terms and conditions, to-
wit:
PA YMENT
(A) Payment to CITY in the amount of $114,355.00 for participation in City's
construction costs for extending casings and carrier pipe across State Highway 225.
Construction costs for lines extended under the Utility Extension Agreement shall be
credited against this $114.355.00.
I
(B) An initial payment of $25,000.00 shall be due and payable to the City upon
execution of this agreement and prior to construction of utilities extended under the Utility
Extension Agreement. The balance shall be paid in full upon completion and acceptance of
lines extended under the Utility Extension Agreement and before any water and sewer
service is provided to COMPANY.
I
(C) COMPANY shall file an application for water service with CITY'S Utility Billing
Division and pay appropriate deposit.
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POTABLE WATER SERVICE
(A> The average daily demand for domestic usage of water is established at 1,000
gallons per day (gpd).
(B) The average monthly demand for domestic usage of water, thirty thousand five
hundred (30,500) gallons per month (gpm) is established by multiplying the average
daily demand by a factor of 30.5, which shall be used to facilitate service billings.
(C) The cost of domestic water up to the average monthly demand of thirty thousand
five hundred (30,500) gallons per month shall be one hundred fifty percent (150%)
of the CITY'S current rate as established from time to time for commercial
customers inside its corporate limits.
(0) The cost of domestic water amounts used in excess of the established average
monthly demand shall be two hundred percent (200%) of the C1TY'S current rate as
established from time to time for commercial customers inside its corporate limits.
(E) Nothing contained in this Agreement shall obligate CITY to furnish more than the
average monthly demand of thirty thousand tive hundred (30,500) gallons of potable
water service. for domestic usage. Repeated consumption greater than the
established average monthly demand may result in termination of service.
(F) CITY shall have the right to intemlpt or temporarily sllspend water service to
COMPANY if an emergency arises and there is not an adequate water supply to
meet the needs of citizens of La Porte.
(0) CITY reserves the right to enforce its drought contingency plan on all water
customers at CITY'S sole discretion.
(H) A reduced pressure zone backflow preventer shall be installed and maintained by
COMPANY to protect CITY from any possible cross connections. All backtlow
prevention assemblies shall be tested upon installation by a recognized backflow
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prevention assembly tester. Backflow prevention assemblies must also be tested and
certified at least annually or at CITY's discretion.
(I) COMPANY agrees that it shall be bound by all applicable ordinances of CITY, and
regulations of any state or federal agency having jurisdiction relative to the
furnishing of potable water to customers within the corporate limits of CITY.
Should there be any conflicts between the provisions of this agreement and normal
billing practices of the CITY, this agreement shall prevail to the extent of the
conflict only.
(1) The potable water supply system will be segregated from any existing and future
COMPANY fire protection system.
(1<) There shall be no resale of the water provided by CITY, nor any extension of
service lines by COMPANY to serve other parties.
(L) The total cost for the engineering design and constmction of any potable water
main, service line, back flow preventer, meter or other required appurtenances will
be the responsibility of COMPANY.
(M) All expenses of the installation of the meter; service lines from the main to the
meter; and from the meter to COMPANY'S facilities, shall be solely at the expense
of COMPANY. COMPANY shall own and maintain all serviCe lines and plumbing
facilities beyond the meter. CITY shall own and maintain the meter.
W ASTEW A TER SERVICE
I
. (A) Sanitary sewer service extended to COMPANY will be to provide for domestic
usage and tank cleaning operations to the DANA Corporation. The average daily
demand for wastewater is established at 29.750 gallons per day (gpd). COMPANY
shall be limited to 28,750 gallons per day (gpd) for purposes of tank washing and
cleaning and shall be restricted to total wastewater flow of 29,750 gallons per day
(gpd) .
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(B) The average monthly demand for wastewater, nine hundred seven thousand three
hundred seventy five (907,375) gallons per month is established by multiplying the
average daily demand for wastewater by a factor of 30.5, which shall be used to
facilitate service billings.
(C) The cost of wastewater up to the average monthly demand of 907,375 gallons per
month shall be one hundred fifty percent (150%) of the CITY'S current rate as
established from time to time for commercial customers inside its corporate city
limits.
(D) The sanitary sewer costs for amounts used in excess of the established 907,375
gallons per month demand shall be two hundred percent (200%) of the CITY'S
current rate as established from time to time for commercial customers inside its
corporate limits.
(E) Nothing contained in this agreement shall obligate the CITY to furnish more than
the average monthly demand of 907,375 gallons per month. Repeated consumption
greater than the established average monthly demand may result in termination of
service.
(F) For purposed of billing and compliance with other provisions of this agreement.
COMPANY agrees to install a meter to measure the sanitary wastewater flow from
COMPANY'S facilities. COMPANY shall be billed for 100% of the metered
wastewater flow. CITY shall approve the location and type of meter.
(G) COMPANY agrees that annually or at the CITY'S discretion, the meter shall be
calibrated and the results furnished to the CITY. All testing shall be at
COMPANY'S expense.
(H) COMPANY agrees to construct enough sanitary sewer storage on-site to
accommodate no less than four times the average daily demand of wastewater
generated from its operations, for a period of thirty-six hours.
(I) COMPANY agrees that during periods when the CITY'S collection system is
surcharged, the CITY may require them to cease lIse of the sanitary sewer service
for periods not to exceed thirty-six (36) hours.
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(1) City shall have the right to interrupt or temporarily suspend said sewer service to
COMPANY if an emergency arises and there is not adequate sewer treatment or
collection system capacity to meet the needs of the citizens of La Porte.
(K) COMPANY agrees that it shall be bound by CITY'S Industrial Waste Ordinance
(Ordinance No. 1663) and any subsequent amendments or revisions.
(L) COMPANY agrees that it shall be bound by all other applicable ordinances of
CITY and regulations of any state or federal agency having jurisdiction; relative to
the furnishing of sanitary sewer to customers within the corporate limits of CITY.
Should there be any conflicts between the provisions of this agreement and normal
billing practices of the CITY, this agreement shall prevail to the extent of the
conflict only.
(M) There shall be no resale of the sewer capacity provided by CITY, nor any extension
of service lines by COMPANY, to serve other parties.
(N) All expenses of the installation of sanitary sewer service lines to COMPANY'S
facilities shall be solely at the expense of COMPANY. COMPANY shall own and
maintain all service lines and plumbing facilities beyond the property line.
V.
All plumbing installed by COMPANY connected to the public utility main from CITY,
shall meet all applicable State of Texas and CITY plumbing code requirements. CITY'S
engineering and code enforcement personnel shall have the right to prior review and approval of
COMPANY'S plans and specifications for the plumbing system(s). CITY shall have the right to
inspect any and all work related to the furnishing of potable water and sanitary sewer service to
COMPANY.
VI.
CITY shall have final authority over size, location, materials, and other engineering matters
concerning the extension of water and sewer mains to COMPANY I S property. These matters are
the subject of a Utility Extension Agreement between the parties, of even date herewith. In the
event a State or Harris County license, permit, or permission to install the water main is revoked,
or relocation or adjustment is required, CITY will not be responsible for the expense of such
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relocation, adjustment, or replacement.
VII.
CITY reserves the right of entry at all reasonable times for the purpose of inspection of
COMPANY'S water and sanitary facilities, and to observe compliance with the terms and
conditions of this Agreement. When exercising its right of entry, CITY shall notify COMPANY in
advance. CITY also agrees to follow established health and safety policies in effect at
COMPANY'S facility.
vrn
CITY reserves the right to terminate this agreement in the event of violation of the terms
and provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any
defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects
within ten (10) days may result in termination of Agreement. CITY shall have the right to
summarily correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the
integrity of the CITY'S water supply is threatened or the integrity of the CITY'S wastewater
collection or treatment facilities are threatened.
IX.
Upon receipt of written notice of termination, COMPANY shall have up to six (6) months
to prepare for transition to another water and sewer service. If the transition is not complete within
said six-month period, or if repeated violations occur during this period, CITY shall have the right
to terminate water service at its sole discretion.
x.
The term of this Agreement shall be for five years plus any agreed renewals and extensions
thereof. However, this Agreement shall automatically expire at such time as there is no effective
Industrial District Agreement between the parties or if CITY exercises its right of termination.
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ENTERED INTO effective the ;..([tl- day of ~\ fore (
Co
By:
CITY OF LA PORTE
A TIEST:
~. Alibi
a A. Gillett
City Secretary I
APO?:;a/624
Kriox W. Askins
City Attorney
By:
(\ l ~ITY ~~ LA PORTE
ll.tt>-Ly~
Norman L. Malone
Mayor
By:
(X~,. ~
Robert T. Herrera
City Manager
City Attorney
PO Box 1218
La Porte, TX 77572-1218
City of La Porte
PO Box 1115
La Porte, TX 77572-1115
Phone: (281) 471-1886
Fax: (281) 471-2047
Phone: (281) 471-5020
Fax: (281) 471-7168
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~@~v
ORDINANCE NO. 98- 2293
AN ORDINANCE APPROVING AND AUTHORIZING A UTILITY EXTENSION
AGREEMENT BETWEEN THE CITY OP LA PORTE AND DANA TANK CONTAINER,
INC., POR CONSTRUCTION AND INSTALLATION OP AN EXTENSION OP UTILITY
HAINeS); MAKING VARIOUS PINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; PINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFPECTIVE DATE HEREOP.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 10 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
Ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
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ORDINANCE NO. 98- 2293
PAGE 2
PASSED AND APPROVED, this 26th day of October, 1998.
By:
CITY OF LA PORTE
~~y~
Norman L. Malone
Mayor
ATTEST:
~~~alfiM
Martha A. Gillett
City Secretary
Knox W. Askins
City Attorney
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UTILITY EXTENSION AGREEMENT
(Owner Funded Extension)
TBE STATE OF TEXAS:
COUNTY OF HARRIS:
This agreement, made this t(otl-- day of Oc;rn 6..e(. 19.:rl. by and between the City of LaPorte. herein
caIJed "City", acting herein through its --1l'\ tnlD (
..., (TiLle of Authorized Official)
and OnNF} TAIVX CONrAIAI/=- fC.. Li</C,
(Strike out inapplicable tenns) ./
(a corporation), (a p"rlnp~ (an m8ividtl8i du~% bu...lness 88
)
of Ai/EN r:. L
, COWlty of H/Df)i-;=.sE, ){ , and State of /V',:EW JeIQ/.=. y',
hereinafter caIJed (Owner).'
WITNESSETH
(1) All references to "Utility Main(s)" herelUlder shall, for the purposes of this agreement, refer to
ei2ht inch (8) notable water line extended approximately 400 lineal feet and a pronosed fifteen inch (15")
sanitary sewer line extended approximately 800 lineal feet from existing utilities previously constmcted. under
City of La Porte Job munber 91-670 I. More particularly described lUld shown on Exhibit" A" altached.
(2) Owner is the owner of certain property in tJ1C City of LaPortc. Harris County, Texas, identified as;
See field note description in Exhibit "B"
Adequate City utility mains do not presently e~1end to said property. Owner has requesteclthe extension of City utility
main(s) to Owner's said property. CITY and OWNER have entered inlO .Ul Industrial District Agreemcnl (uld a Water
and Sewer Service Agreement. both of even d.'lte herewith. reference 10 which is here made for all purposes; and
Whereas, it is tJle intention of City and Owner tJmt should tJlere be any conflict between the provisions of St1id
Industrial District Agreement and Water and Sewer Service Agreement. and tJle tenns and provisions of this Utility
Extension Agreement, the tenns and provisions of the Water and Sewer Service Agreement and tJle Utility E~1ension
Agreement as the case may be, shall control, to the extent of such conflict.
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(3) City hereby agrees to 111e construction and instn.llation of an extension of its utility mc1in(s) to sc1id
property extending from previously constructed fc1cilities as shown on Exhibit" A" conunencing at the nearest existing
utility main(s) of sufficient size and capacity. TIlence along/111m City of L..1Porte rights-of-way and/or e.1SCments to
said Owner's property. In the event tlmt necessary rights-of-way and/or e.1sements do not exist to fc1cilitc1le the
extension of said utility main(s), Owner shall be solely responsible for obtaining said additional rights-of-wny and/or
easements for extension of utility main(s) at no cost to City, on City approved fonns.
(4) Owner agrees to pay all costs related to tlle construction and installntion of snid utility mains including
necesSaJy appurtenances in confonnance willl City's standards and specification for said utility mains.
Owner further agrees to pay all engineering fees for survey, design, contrnct documents. bidding.
construction staking, construction inspection, prep.1JiItion and submittal of final construction cost as well
as preparation of As-Built drawings. TIle constnlction costs shall be credited against tllc COMPANY'S
payment to the CITY as stipulated in tlle Water and Sewer Service Agreement.
(5) Subject to tJle provisions of this agreement. City hereby agrees to the construction and installation
of utility main(s) by Owner's contractor, according to the plans lUld specifications to be prep.1J"ed by thc Owner's
engineer and approved by the City. The contc1ct documents shall include a provision for a one (1) Y~lr warmllty from
defects in nmteriaJs and workmanship. The documents will also provide a "Notice" to Contractor that tlle City of L..1
Porte wi.ll perfonn the daily construction inspection to insure complilUlce with plc1ns lUld specifications. Upon final
approval of plans and specifications, Owner will submit to City no less tlllUl three competitive bids for construction of
utility main(s) each from a contractor with demonstrated experience in construction of public utility mains.
City shall review the bids and approve iWleiees tile contractor. Upon approval of tile contractor. tlle City shnll
authorize construction of said utility main(s) by Owner's contrnctor. It is agreed and IUlderstood tlmt the bid lUllollnt
agreed upon and accepted by City and Owner does not relieve Owner from paying for any unforeseen costs/or cost
overruns in the project I1mt result from circlIInstances beyond tile control of tile City. Owner is also responsible for
costs to construct a lift station required to tnUlSport wastewater into the CITY'S collection system. TIlis will be a
privately owned and maintained lift station.
(6) Owner agrees to the following provisions and, fiutJlennore. Owner's agreement with the contractor
shall incorporate these provisions;
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(a) Owner shall require the contractor to diligently pursue the constnlction of tile project to
completion.
(b) City shall observe and inspect the constmction to insure compliance witJI tile plans &
specifications. City Sl1c111 have the right to reject any defective materials or workIluUlship.
(c) Any progress payment(s) or final payment to tile contractor sh..1.I1 be reviewed and
approved by first, the Owner's engineer and second, tile City, prior to Owner making such
payment
(d) Contractor shall warranty all work to the City for one year from the date of acceptance by
the city.
(7) Owner agrees th..'lt upon completion and acceptance by CITY, CITY will aSSlUne ownership
maintenance of the utility mains and as such shall have full control over future extensions and connections thereto.
(8) In the event that other owners of property abutting tile line(s) ex1ended by Owner under tllis
contract, as shown on the plat attached hereto as Exhibit A and incorporated by reference herein. shall utilize tile
extended line(s) constructed lUlder tltis agrecmenl by making connection tllereto lUlder a penllit from City. OWNER
recognizes that there are no reimbursement obligations on part of the CITY or OWNERS of abutting property.
IN WITNESS WHEREOF, the Parties to these present have executed this agreement in several
counterparts, each of which shall be deemed an origi.lt'll. in tile ye.'lr and cL'lY first mentioned above.
CITY OF LA PORTE
(Seal)
I\~S: ~
' ~
B . I
(City Secretary)
(Seal)
BY:~Y~
TlTLE:MA.yO( ~{OT.eM
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f)/iAiI1 TI9JtlK ~(:}Vl-nhVfE~ .LVi.:'_
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Address of Owner: ~ I i) CSS-ex Ave t
-A\}e~. tV~ OleD'
Note: City Secretuy should attest: If Owner is a corporation. Secretary of Corporation should attest.
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DANA
902 SENS RD.
N.T.S.
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PROP. 15- SAN. SWR.
(GRA VITY)
EXIST. SAN. SWR.
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':J3i1ji'1g;~l83?acres of land, more or tess, !o~ted in the Enoch Brinson' Survey. Absuact
o:i;; ..:~~. :~;.1~..~~e. p~UIar.IV,b~ir.g P.~rt ~f:'Ule. resi.due of t:-::1t ~rtain;Cai~ .. ~';"" ..',
. ct:odand.descnbed as:T;ac:t'!I~ conveyed to.~Seleded Lands, Ud~'No...9.. ':::."';.
" .' .,......, :6frSr.iOid._c 'fiIe. 'no~: D-753l26c)f.the Oftfeiai PUbfic' .Aiacord~...ot: Real:: . ~ '..::. ..:'.
',,: ", . ,-:,c.u."';;:'" :"!"lS!S'" .;"9\I..:r- ...... t'''83t: P 'b . ~..:~, h d.....:...."..-:.., , . ....;:~;
'...;11 ,', ..'-'j"r..,...~. . . . "'01:1:.".... exas.. ",ale :!'.' ,:~ gt:,!.!!L._amgjlJQt.Q. ':1~J.......ID.arLII_ ts:>\ol ;....VY:.U.'t-..- .------ ........
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. G~at:llt,518~ Iron rccLfound;:for. comer at the- Northeasl comer ot t'lat
i9d~8.mb.l:racti:w:and .d,scribedas."Flrst Ti:ac~", convey~ to J. ?
'tj~ent!.tlt:..racord uodel' file no. 1<938115 of' .ths';OtfictaI: PtIblic
., .'... ~ams..CQUAty,-r.~same-Deili9'!fl-th&'f1Of1hedy'line'
':i~~~~_~;~~acres;',' . '4" " .
",~~~"~i~;,:'s:.'.~~~";..>:,,.' .$.",:~~'Cl~b~IV line. N~rl~a80 1~ minutes OS seconc~ East. 1372,.2:'
'H;.li7.;,. '; , 'it~~.1":1l.1=;ga.~et..for comer; beIng. .he Normeast corner 01 scud SdB4 acres, .~
,{i~~ ~-, .~.~ :". _'f';"~n:...o.L.'~_' , ,..,
.~~~J.;); '~'r~erwjth'itrl&.Gsterl""lina of said 56.84 acres. Soutn 010 '45lmmutes 52
~ ;:' :S8GQnds.East; 1 ro.OO', to. a 5ia" iron rod set.forGomer; .:
::~.~-... ~~,
EXHiBIT "8' - Page' of 2
. ~CE, leaving said easterly line, North 560 04 minutes 45 seconds Wast,
:~~:-: '; ,1i2O:OOl to aSia' lronl?d set ~r comer; t.
j~:~'~. . ~~, ::.oUtff-aaa-14'ffii.iutes'OB seccnds West. 1074,75' 10',S 518' iron'rod'set' ....... ---
'f.lt,',' ~. .~;:'~POrp8r.: i' .
i~' ~.: ,. .~,~I".:''': ;;, l
;~;;~ .'~:f".'-'..!"~,~SputH010'45 minutes 17 seccndS East, 349.90' to a Sla" iron roo set
..' "..... .."ftii!i......~., I
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t..... lfiENCE, Sot.'tt'!iB80 13 rr:!nutes D2 seconds West, 200.00' to a 5/8" iron rod found
j' fbr oomer at the' Southeast corner of aforementioned 8.672 acre trac~: . ,
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"'QiENCE, with the. easterly line of said 8.672 acre fract, North 010 45 minutes 17
liBCQnds VVest.. 449.97' to !ne point of beginning and containing 4.835 acres of
.Iand. !
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.,:tha-nar!berly line ,of said 2.00- and 8.03i2 acre tracts. Nor1h as? ~4
.... . :,.seccncts:~. 1299.~' 10 a SiS" i~n !'C~ fauna rrnirAlng u',a, Nqrttleast
,.';~O>': ,,': ,i(jf.safd:.8:67i'acres: 1
:~;.~;.i~.:i~;~:.: !~L:-:!..~~. ,.1. -~:.~ .- . .
;k=~~{~RW,itl1:~:_MY;lina.ct sai,d' 8.e:i2 a::~~S. SO'J~~ 010 45 minutes 1i
~~:..-:.:::!~.~a::~A~.:.449.91' !o a 51a" 'iron roo found marKing the SOl:ltn9ast corner-of
;,;;>-'~~~' - ". .'
':.,:r.~t."" ,;~~~.witl:\ ml!"sOctMerly line of .sala 8.672 aCias, Sot.'!n eeo ~3 ;nlnutes 02 ~lf
~s,.west.,.800-:is'to a'SlS" iron rod found for .:orner in :t1e nol'tiierl~ right-!.H-
;:W~1)t:-Slate "Highway No. 225:
"l1iENCE. .Wltn said northerly r.ighi-of:-way line. ~~..~ :oliowiny fCJ.,;f ~ 4l courses:
1',"-:... .;.
t~:'. North- 190 ~ mInutes 46. seccnds 'N~st. 1 B. 11' \0 a 112" Iron rod. set for
"C;:9f.i1er; the beginning of a curve;
, i'
:"2:. . AlOng: the !arc of a tar'lgent c~rve to the !elt. said curve !:leing su!Jtenc~d by
... _ ~ce"tra1'*"9Ie of 720 00 minutes 00 seconds,- having a racH...,s 01' 421.91'
.and an arC length of 530.25' to a ~i2" ir-or: ,"Pc set tor ,:;om.gr:
3. South 87J 37 minutes 5.6 seconds Wesl. ~8.CO' :0 .:l i/2" !ron iod !:;E:: fOi
.J
4, Norm 48" 31 minutes 05 sacor:ds West.. 56.5i" :0 a ~:2' :ron roo s..t for
corner In.me aforementionea e35terly r!gnt-<lf-waV ;ine of S~lnS Rcad;
cc:,,~er;
THENCE. leaving..said norther.ly iigh~-of-way line of State i-Ilgr.way ::25 a~d "'11th
said easleriy nght-oi-way line of Sens Road. ;~or.h 010 44 minutes 03 sec'Jnos
West. 10:.41' to the poInt of beginning and cCr'.:::unlng 10.673 acres of land.
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REouA FOR CTIY COUNCIL AGENDA AIM
Agenda Date Requested: October 26. 1998
Requested By: S. Gillett ~eo~ Public Works
_ Report _ ResoRution XXX Ordinance
Exhibits:
Ordinance No. 98-915 QQ
Letter of Request
Area Location Map
SUMMARY & RECOMMENDATION
The City of La Porte has received a request from Mobil Oil Corporation to construct a segment of pipeline in
the city, as illustrated on the attached area map. The request is to construct a six-inch (6") Ethylene pipeline,
with a maximum pressure of 1,140 PSI and maximum temperature of 150 degrees Fahrenheit or 65 degrees
Celsius.
The request meets all requirements of Ordinance No. 915. The application fee of $300.00 and the first year's
permit fee of$200.00 have been paid.
Action Required by Council: Approve Ordinance No. 98-915 QQ approving a pennit to Mobil Oil Corporation
for a six-inch (6") Ethylene pipeline.
Availability of Funds:
General Fund_ Water /Wastewater
_ Capital Improvement_ General Revenue Sharing
Other
Account Number:
N/A
Funds Available: _ YES _ NO
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ORDINANCE NO. 98-915-QQ
~0\\f1::H\'v?
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AN ORDINANCE GRANTING A PERMIT UNDER SECTION 18-&-3 OF ORDINANCE
NO. 915, "PIPELINE TRANSPORTATION", BEING CHAPTER 18-A OF THE CODE
OF ORDIBANCES 01' THE CITY OF LA PORTE, TEXAS, DATED NOVEHBER 25,
1975, TO CONSTRUCT A 6-INCR PIPE LINE POR THE TRANSPORTATION OF
ETHYLENE GAS; 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 has
received an application dated October 6, 1998, from MOBIL OIL
CORPORATION, requesting a permit under Section 18-A-3 of Ordinance
915, being Chapter 18-A of the Code of Ordinances of the City of La
Porte, to construct and operate its 6-inch pipe line for the
transportation of ETHYLENE, crossing the City of La Porte, all as
shown on said application.
The application of MOBIL OIL
CORPORATION has been reviewed by the City's Director of Public
Works, who has found that said application meets all requirements
of said Ordinance No. 915, and has recommended its approval.
section 2. The City Council of the City of La Porte hereby
approves the application of MOBIL OIL CORPORATION, dated October 6,
1998, and this Ordinance shall constitute a permit to MOBIL OIL
CORPORATION to operate said pipe line within the City of La Porte,
all in conformance with the requirements of Ordinance No. 915,
contingent upon its filing with the City of La Porte prior to
commencement of construction, copies of its permits from the Texas
Department of Highways and Transportation; Harris County; and the
Harris County Flood Control District. Any future relocation of the
pipe line herein permitted, within the City, State, or County
rights-of-way, shall be at the sole expense of permittee.
Section 3. This Ordinance shall be in full force and effect from
and after its passage and approval, and it is so ordered.
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ORDINANCE NO. 98-915-00
PAGE 2
PASSED AND APPROVED, this 26th day of October, 1998.
By:
CITY OF LA PORTE
a~~~~
Norman L. Malone
Mayor
ATTEST:
1'-1JJom~(j. J&M
Mar ha A. Gillett
City Secretary
Knox W. Askins .. ~.
City Attorney
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Rich atc;i
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N.
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Pic_kett
.p.o. Box 1866 - Uberty, Texas nS75-1866. (40!;!) 336-8481 - Fpx (409) 336-8485
e-mail: richard.pickett@imsday.com
Land Titles/Curative
'Five Generations in Uberty, Uberty County, Texas
Col. E.B. Pickett (1823-1882) - E.B. Pickett. Sr.(1852-1926) -E. w: Pickett (1883-1945)
E. W. Pickett. Jr. (1914-1987) - Richard N. Pickett (1952 _)
October 6, 1998
City of LaP-orte
Attn: City Secretary
P.O. Box 1115
La Porte, TX 77572
RE: Proposed relocation of Mobil Hull to U.S.I. Chemical Co. 6" Ethylene Pipe Line (MC-42D)
- Strang Yard - City of LaPorte, Harris County, Texas
Gentlemen:
Pursuant to my conversation with Mr. Steve Gillett, Public Vlorks Dept., on even date, Mobil
Oil Corporation respectfully requests the City of La Porte, Texas to pass ~n .1rdinance granting a
permit to said corporation authorizing the construction of the subject pipeline under Avenue L, as
reflected on the attached surveyed plats, according to the terms and stipulations of the appropriate
City of La Porte Code governing issuance of same.
As requested, please find the following information concerning this project which will
indicate the time, manner, means and methods of construction, the commodity to be transported,
maximum pressures and temperatures of the transported commodity, and the size and number of
lines to be laid:
Time - Commence construction on October 271h, 1998, with a completion date of November
25th, 1998 (weather and ROW approvals permitting);
Manner, Means & Method of Construction -
450' of pipe will be installed by directional drill with boring equipment;
approximately 1,400' of pipe will be installed by open ditch method with the use of
backhoe equipment;
Commodity - Ethylene (see Material Safety Data Sheet attached hereto - 6 pages);
Maximum pressure - 1,440 PSI
Mwc:imum temperature - 150 degrees Fahrenheit; 65 .degrees Celsius
Size of pipeline -
6.625''' C.D. ~ 0.280" W.T. API-5LX-52 pipe
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Number or lines - One (1)
Depths -
See pr~:file on attached plat '(24.5' from top of Ave: L; 7' from bottom of
ultim~te channel/structure - H.C.F.C. Di~ch F-I01-00-00)
Mobil will commence a bore on Channel Industries fee property traversing Ave. L and the
Harris County Flood Control District ditch number'F-101-00-00 to a location on-Union Pacific
Railroad C~mpany fee land maintaining the dePths indicated hereinabove.
Please find enclosed .herewith the following items:
1. Two (2) plats of Mobil Drawing No. F-38A-ST.
2. Two (2) plats of Mobil Drawing No. F-39-ST :
3. Mobil Pipe Line .Company Ch~ck Number 004342 dated October 6, 1998 in the
amount of$300.00 - Permit Fee .
4. Mobil Pipe Line Company Check Number 004343 dated October 6, 1998 in the
amount of$200.00 - Annual Fee
. Please direct any correspondence or requests for further information to me including notice
of the successful application for permit and delivery of same, as follows:
Richard N. Pickett
Mobil Oil Corp. Rep.
P.O. Box 1866
Liberty, Texas 77575-1866
409-336-8481
The official name ofthe company that the permit and easement will be granted is:
Mobil Oil Corporation
12450 Greenspoint Dr.
Houston, Texas 77060-1991
Thank you in advance for your expeditious attention to this matter. Should you have any
questions, please do not hesitate to call.
Richard 'N. Pickett,
Mobil Oil Corp. Representative
RNP/me
Attachments (7)
cc: Ron Sullivan - Mobil Oil Corp.
Right Of Way & Claims Specialists
P.O. Box 670129
Houston, TX 77267-0129
281-591-3717
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LaPorte Maps
Page 1 of2
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LA PORTE, TEXAS MAPS
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La Porte, Texas has marine access on the Houston Ship Channel and is actively involved in
the import I export industry.
Proposed Relocation:
Mobil Hull to USI Chemical Co.
6" Ethylene Pipe Line
Union Pacific RR - Strang Yard
Avenue "L" - City of La Porte, Texas
http://www.nwwin"cornllaporte.txlmaps.html
10/13/98
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DE;PARJ:MENT OF T~E INTERIOR
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KILOMETER
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OF .1929
lST lOW WATER DATUM
: OF MCAN IiIGH WATER'
.ISlC .
:URACY STANDARDS
10 80226. OR RESTON. VIRGINIA 22092 .
IlS IS AVAILABle ON ReaUEST
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UCAR PIPELINE INCORPORATED
C. ., P~"Y""'"
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P. O. Box 186
Port Lavaca, Texas 77979
October 27, 1998
City of La Porte
604 West Fairmont Parkway
P. O. Box 1115
La Porte TX 77571
SUBJECT: Interstate Pioeline Mao
As required by Public Law 104-304, we are sending you a map of the Ucar Pipeline
Incorporated pipeline in your city. If you have any questions, please contact me by
phone at 512-553-3143 or by fax at 512-553-3128.
In case of Emergency, call collect 512-552-4820 or 409-843-5212.
Both numbers are monitored by our Control Center 24 hours per day.
Yours truly,
~ . ') L ,,,\ n.
P. UJ. /U .;~Vd..~
D. W. Williams
Public Safety Manager
H\DOC\DWW\CITIES-PL MAPS REa UCAR 10-98
e
I Richard
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N.
Pickett
P.O. Box 1866 - Liberty, Texas 77575-1866 - (409) 336-8481 - Fax (409) 336-8485
e-mail: richard.pickett@imsday.com
Land Titles/Curative
Five Generations in Liberty, Liberty County, Texas
Col. E.B. Pickett (1823-1882) - E.B. Pickett, 5r.(1852-1926) -E.W. Pickett (1883-1945)
E. W. Pickett, Jr. (1914-1987) - Richard N. Pickett (1952 -)
November 16, 1998
City of LaPorte
Attn: Steve Gillett
P.O. Box 1115
La Porte, TX 77572-1115
RE: Ordinance No. 98-915-QQ passed and approved 10/26/98 - Proposed relocation of Mobil
Hull to U.S.I. Chemical Co. 6" Ethylene Pipe Line (MC-42D) - Strang Yard - City of La
Porte, Harris County, Texas
Dear Steve:
Pursuant to the provisions of the. referenced Ordinance, please find attached hereto a copy
of Utility Permit No. 01-35-19 from Harris County Flood Control District dated November 11, 1998
to Mobil Oil Corporation.
There were no permits required from the Texas Department of Highways and Transportation
nor Harris County.
Should you have any questions or need further information, please do not hesitate to call.
RNP/me
Attachment
cc: Ron Sullivan - Mobil Oil Corp.
Right Of Way & Claims Specialists
P.O. Box 670129
Houston, TX 77267-0129
281-591-3717
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Nov-IS-98 02:0Sp. From-UCBIL PIPELINE
+2815913733
T-218 P.07/tO F-560
REQUEST FOR PERMIT TO INSTALL A PUBLIC OR PRIVATE
UTILITY FACILITY ACROSS,. OVER OR ONDER A HARRIS
COUNTY FLOOD CONTROL DISTRICT OPERATED WATERWAY
Mob; 1 011 Corpora ti on requests a permit to insta 11 ,
construc~, maintain, operate and/or repair a 611 piDeline
the location and description of such proposed installation beinq
detailed on the attached drawings approved by the Harris County
Flood Control District, and ~de a part hereof.
.
It is understood and agreed to ~y the recipient of this permit that
hereafter the Harris County Flood Control District, its successors
and/or assigns, may determine that it is necessary to modify or
adjust the utility facility described herein, and that such
modi'!ication or adjustment will be made by the owner of SUch
utility facility at its sole expense, and to ~e such modification
or adjustment within Ninety Days after being' requested
to do so by the Harris county FlOOd Control District, its
successors and/or assigns.
It is also understood and agreed to be the recipient of this permit
that it will i~ediately restore the Harris County Flood Control's
premises I 1ncludinq the ~ea and banks of the waterway, to the same
condition as that in which they existed prior to the commencement
of the work herein permitted, to the satisfaction of the said
Harris County Flood Control District.
Permit Granted
Accep-ced: Mobil 0; 1 CorDorat1on
r~
BY:~ ~
nt UTI ITY COORDINA'l'OR
TITLE'~.l ~~"."C~.'Wh 4d7
t1TILITY PERMIT NO. 01 ~/o/
HARR~S COUNTY FLOOD CONTROL
DISTRICT
BY:
HCFCD Unit No. r/al..po-&J()
HCFCD Unit Name
DATE: A/~/H"P?~..F.e. IJ7/99S
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+2815913733
T-218 P.08/IO F-5BO
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~:IS COUNTY !'LOOD CONTROL D:ISTRICT
STANDARD NOTES FOR PIPELINE/UTILITY CROSSINGS
1.
The Harris County Flood Control Oistrict,
Department, shall be notified at least 48 hours
construction (713-684-4042). A copy of the
construction drawings is required at this time.
2. At completion of construction, the pipeline owner shall
submit letter and record drawinqs to the Harris county Flood
Control District, Utility Department, requesting inspection
of items constructed in Barris County Flood Control District
right-of-way.
utility
prior to
approved
:3 . The pipeline owner or his contractor shall be responsible
for protecting, maintaining, and restoring backslope
drainage systems.
4. Backfill is to be compacted in no greater than l-foot lifts
to the density ot the undisturbed adjacent soil.
S. The pipeline owner or his contractor shall. be responsibl.e
tor maintaining flow in the channel during construction and
restoring the channel to its original condition.
6. All excess excavated material is to be removed from the
Harris County Plood Control District riqht-ot-way. No fill
is to be placed within a designated flood plain area without
first obtaining a fill permit from the conununity's flood
pl.ain administrator.
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Mobil Chemical Company
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PROPOSED
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281/5cl1-3714 OR CALL
COLLECT 214/742-3116
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ENOCH BmNSON SURVEY
TEXAS
A-5
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S811.58'.15"1: . l15O.49' DEED
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36.108 ACRE TRACT
H.C.C.', H967408
N03. ,7'4,.,W . 1189 87'
HOO'24"rW . 1189.87'OEEO
PROPOSED MOBL CHDICN.. CO.
r ETHYLEN€ PIPElINE
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..obi Chemical Company
MObil 011 Corporation
PROPOSED IS- ETHYLENE PflEL~
CROSSNO PROPERTY 0'
UNON PN;.IC RAILROAD COMPANY
HARRIS COUHTY, TEXAS
IlAAIIUIO ICIo
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! Richard
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Pickett
P.O. Box 1866 - Liberty, Texas 77575-1866 - (409) 336-8481 - Fax (409) 336-8485
e-mail: richard.pickett@imsday.com
Land Titles/Curative
Five Generations in Liberty, Liberty County, Texas
Col. E.B. Pickett (1823-1882) - E.B. Pickett, 5r.(1852-1926) -E.W Pickett (1883-1945)
E. W Pickett, Jr. (1914-1987) - Richard N. Pickett (1952 -)
November 16, 1998
City of LaPorte
Attn: Steve Gillett
P.O. Box 1115
La Porte, TX 77572-1115
RE: Ordinance No. 98-915-QQ passed and approved 10/26/98 - Proposed relocation of Mobil
Hull to U.S.I. Chemical Co. 6" Ethylene Pipe Line (MC-42D) - Strang Yard - City of La
Porte, Harris County, Texas
Dear Steve:
Pursuant to the provisions of the " referenced Ordinance, please fmd attached hereto a copy
o fUtility Permit No. 01-35-19 from Harris County Flood Control District dated November 11, 1998
to Mobil Oil Corporation.
There were no permits required from the Texas Department of Highways and Transportation
nor Harris County.
Should you have any questions or need further information, please do not hesitate to call.
RNP/me
Attachment
cc: Ron Sullivan - Mobil Oil Corp.
Right Of Way & Claims Specialists
P.O. Box 670129
Houston, TX 77267-0129
281-591-3717
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Nav-I3-98 02:03pm Fram-MOBIL PIPELINE
+2815913733
T..218 P. 0711 0 F-560
REQUEST FOR PERMIT TO INSTALL A PUBLIC OR PRIVATE
UTILITY FACILITY ACROSS,. OVER OR UNDER A HARRIS
COUNTY FLOOD CONTROL DISTRICT OPERATED WATERWAY
Mobil Oil Corporation requests a permit to install,
construc-c, maintain, operate and/or repair a 6" pipeline
the location and description of such proposed installation being
detailed on the attached drawings approved by the Harris County
Flood Control District, and made a part hereof.
It is understood and agreed to by the recipient of this permit that
hereafter the Harris County Flood Control District, its successors
and/or assigns, may determine that it is necessary to modify or
adjust the utility facility described herein, and that such
moClification or adjustment will be maCle by the owner of such
utility facility at its sole expense, and to make such modification
or adjustment within Ninety Days after being' requesteCl
to do so by the Harris County Flood Control District, its
successors and/or assigns.
It is also understooCl and agreed to be the recipient of this permit
that it will immediately restore the Harris County Flood Control's
premises, including the heCl and banks of the waterway, to the same
condition as that in which they existeCl prior to the commencement
of the work herein permitted, to the satisfaction of the said
Harris county Flood Control District.
Permit Granted
Accepted: Mobil Oil CorDorat1on
r ~companY
BY:~ )
nt UTI ITY COORDINATOR
TITLE:'4-tdJ ab~,,~4d&
UTILITY PERMIT NO. O/~/9
HCFCD Unit No. .r101..p~-~ ()
HARRIS COUNTY FLOOD CONTROL
DISTRI:CT
BY:
HCFCD Unit Name
DATE: A/~/4"p?."qF.e. 1)71998
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Nov-IS-S8 02:04pa From-MOBIL PIPELINE
+2815913733
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HARRIS COUNTY ~LOOO CONTROL DISTRICT
STANDARD NOTES FOR PIPELXNE/UTILITY CROSSINGS
The Harris County Flood Control District,
Department, shall be notified at least 48 hours
construction (713-684-4042). A copy of ~he
construc~ion drawinqs is requi~ed at this time.
2. At completion of const~uction, the pipeline owner shall
submit letter and record drawings to the Harris county Flood
Control District, Utility Department, requestinq inspection
of items constructed in Harris County Flood Control District
riqht-of~way.
utility
prior to
approved
1.
3. The pipeline owner or his contrac~or shall be responsible
for protecting, maintaininq, and restoring baokslope
drainage systems.
4. Backfill is to be compacted in no greater than I-foot lifts
to the density of the undisturbed adjacent soil.
5. The pipeline owner or his contractor shall be responsible
for maintaining flow in the channel during construction and
restoring the channel to its original condition.
6. All excess excavated material is to be removed from 'the
Harris County Flood Con~rol Distric~ right-of-way. No fill
is to be placed within a desiqnated flood plain area without
first obtaining a fill permit from 'the eonnnuni~y's flood
plain administra~or.
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UCAR PIPELINE INCORPORATED
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P. O. Box 186
Port Lavaca, Texas 77979
October 27, 1998
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PUSUC WORr:(S
City of La Porte
604 West Fairmont Parkway
P.O. Box 1115
La Porte TX 77571
SUBJECT: Interstate Pipeline Map
As required by Public Law 104-304, we are sending you a map of the Ucar Pipeline
Incorporated pipeline in your city. If you have any questions, please contact me by
phone at 512-553-3143 or by fax at 512-553-3128.
In case of Emergel11cy, call collect 512-552-4820 or 409-843-5212.
Both numbers are monitored by our Control Center 24 hours per day.
Yours truly,
b.L0.w~
D. W. Williams
Public Safety Manager
H\DOC\DWlMCITIES-PL MAPS REa UCAR 10-98
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REQUEST FOR CITY COUNCIL AGENDA ITEM
AGENDA DATE October 21.1998
REQUESTED BY Jeff Litchfield. Finance
_ REPORT; _ RESOLUTION; ..x.. ORDINANCE; EXHIBITS:
SUMMARY AND RECOMMENDATION
The Harris County Appraisal District has the responsibility of appraising all taxable property within
the City of La Porte and provides the values for the annexed and taxable portion of each industry.
The un annexed portion of these industries are subject to "in-lieu of Taxes" payments. The firm of
Hugh L. Landrum &. Associates, Inc. has appraised the Industrial District properties for the City of La
Porte since 1968 and has provided these and other professional services in a completely
satisfactory manner.
The City entered into contract with Hugh Landrum &. Associates in 1 995 for a three year term in the
amount of $36,750 annually. The proposed contract covers a three year period at $40,400 per
year; which represents a ten percent (10%1 increase over the 1995 contract.
Because Hugh L. Landrum &. Associates, Inc. are skilled in such matters and have the scientific and
technical knowledge in respect to appraisals and valuations of industrial properties we would like to
continue our relationship with them.
Staff feels that the proposed increase is warranted and a very reasonable amount considering all the
changes in the Tax Laws the past few years (i.e. Pollution Controll, and the fact that the contracts
are coming up for re-negotiation in 1999. We anticipate that Hugh Landrum &. Associates will be
heavily involved in these negotiations.
Considering that the Consumer Price Index (CPIl for the past three years increased 6.9%, and the
current state of the economy, a ten percent (10%1 increase is more than justifiable.
ACTION REQUIRED BY COUNCIL:
Approve ordinance authorizing the City to enter into contract with Hugh L. Landrum &. Associates,
Inc. for the appraisal and other services for properties located in the City's Industrial District.
FUND
001
ACCT NUM: 6141-515-5007
FUNDS AVAILABLE: YES
Ib{L,j9S
DATE
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ORDINANCE NO. 98-2294
~@~~
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA
PORTE AND HUGH L. LANDRUM &. ASSOCIATES, INC., FOR APPRAISAL AND OTHER
SERVICES FOR PROPERTIES LOCATED IN THE CITY.S INDUSTRIAL DISTRICTS;
APPROPRIATING $40,400 ANNUALLY TO FUND SAID CONTRACT FOR CALENDAR YEARS
1999, 2000, AND 2001; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the contract, agreement or other
undertaking described in the title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this reference. The City
Manager is hereby authorized to execute such document and all related documents on behalf of
the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures
and to affix the seal of the city to all such documents. City Council appropriates the sum of
$40,400, on an annual basis, for calendar years 1999, 2000, and 2001, from the General Fund
#001 to fund said contract for as long as contract shall be in existence.
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 in effect from and after its passage
and approval.
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PASSED and APPROVED this the 21 st day of October, 1998.
City of La Porte (\ \ . \ \:)
By ~~..\~
Norman Malone, Mayor
City cretary
APP~ ~,/; L, -
(W~.
City ttorney
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STATE OF TEXAS
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KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS
WHEREAS. the Mayor and City Council of the City of La Porte, Texas, are concerned that
properties within the Industrial District of the City and having Industrial District Contracts.
continue to be taxed and to make "in-lieu of taxes" payments in accordance with their
effective contracts; and
WHEREAS. the Harris County Appraisal District has assumed responsibility for appraising
all taxable property within these Industrial Districts, but is responsible to provide the City
of La Porte only the values for the annexed and taxable portion of each industry, the
unannexed portion being subject to "in-lieu of taxes" payments under contract and outside
the jurisdiction of the Harris County Appraisal District where the City of La Porte is
concerned, and
WHEREAS. the firm of Hugh L. Landrum & Associates, Inc. has appraised the Industrial
District properties for the City of La Porte under Contract from 1968 and is currently under
contract to provide these and other professional services relating to said properties, and
WHEREAS. Hugh L. Landrum, President of the firm of Hugh L. Landrum & Associates, Inc.
has proposed to the City of La Porte that another Contract be entered into between his
firm and City of La Porte, and
WHEREAS. the Mayor and City Council find, adjudicate and determine that the firm of
Hugh L. Landrum & Associates, Inc., of Houston. Texas, is skilled in such matters and has
scientific and technical knowledge in respect to appraisals and valuation of such properties
and has performed the services called for in prior Contracts in a completely satisfactory
manner, and have adequately demonstrated their skills and expertise in the matter of
making appraisals and handling Industrial District Contracts, and the firm's President, Hugh
L. Landrum is completely familiar with the taxable property in the City of La Porte and the
Industrial District Contracts, and is certified by the State of Texas both as a Registered
Professional Engineer and a Registered Professional Appraiser; now
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IT IS THEREFORE AGREED by and between the City of La Porte, Texas acting herein by its
duly authorized Mayor and City Council, FIRST PARTY, and Hugh L. Landrum &.
Associates, Inc. of Houston, Harris County, Texas, SECOND PARTY, as follows:
I.
SECOND PARTY agrees to compile a complete list of appraised values for all properties
covered by Industrial District Agreements and subject to Industrial District payments to the
City of La Porte, Taxas, said appraised values to be as of January 1, 1999, January 1,
2000, and January 1, 2001, and it is hereby understood by both parties that the appraisals
will be available by July 31, for each of the years covered by the contract.
II.
SECOND PARTY further agrees to work with the Harris County Appraisal District to
apprise them of the area of each industrial plant that has been annexed by the City of La
Porte and, therefore, subject to their assessment and a City ad valorem tax. This will
apply to newly annexed areas of the City as well.
III.
SECOND PARTY also agrees to prepare a summary report for the City Tax Assessor-
Collector each year: said report to show each industry's final total value for land,
improvements, and personal property, the amount subject to ad valorem tax and the
amount of the taxes and the value subject to "in-lieu of taxes" payment and the amount of
the "in-lieu of taxes" payment.
IV.
SECOND PARTY will maintain a complete set of files at his work site which will contain for
each property under contract, at a minimum, a copy of the executed contract, copy of
metes and bounds descriptions, copy of maps, notification of change of address or change
of owner.
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V.
SECOND PARTY further agrees to cooperate with the City Administration and the City Tax
Assessor-Collector in any other area where his expertise may be beneficial to them in
fulfilling the responsibilities of their jobs.
VI.
IT IS ALSO FURTHIER AGREED BY SECOND PARTY that in the event SECOND PARTY's
proposed values are protested by the owners or representatives of the property, SECOND
PARTY will at his own expense furnish expert testimony in the District Court of Harris
County, Texas to defend his proposed values.
VII.
SECOND PARTY agrees that the City of La Porte, will in no way be obligated or indebted
to said SECOND PARTY, or his agents, servants, or employees, for salaries, expenses,
materials, or other charges except only as herein specifically otherwise provided.
VIII.
SECOND PARTY agrees that the City of La Porte, at its sole option, may cancel this
contract in the event of the death or inability of Hugh L. Landrum, individually, to perform
the personal services contemplated by this contract.
IX.
IT IS FURTHER DISTINCTLY UNDERSTOOD AND AGREED by both parties hereto, that if
any word, phrase, sentence, paragraph, or provision of this contract shall be for any reason
declared or adjudicated to be invalid, such declaration or adjudication shall not affect the
remaining portion thereof.
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X.
FOR AND IN CONSIDERATION of the skilled services, technical knowledge, and experience
of SECOND PARTY in performance of the obligations devolving upon such PARTY
hereunder; and in consideration of the information given and assistance furnished by
SECOND PARTY to the City Tax Assessor-Collector in their undertaking to calculate
Industrial District Taxes and "in-lieu of taxes" payments for calendar years 1999, 2000,
and 2001; FIRST PARTY agrees and obligates itself to compensate SECOND PARTY by
payment to SECOND PARTY, the sum of FORTY THOUSAND FOUR HUNDRED DOLLARS
($40,400) per year for each of the calendar years 1999, 2000, and 2001, payable in equal
Quarter-annual installments.
THE EXECUTION OF THIS CONTRACT is authorized by proper resolution duly adopted by
the Mayor and City Council of the City of La Porte, Texas and entered upon the Minutes of
such Council.
EXECUTED IN SEVERAL DUPLICATE ORIGINALS by order of the Mayor and City Council of
the City of La Porte, Texas on this the 21 st day of October, 1998.
City of La Porte
By ~~V~
Norman Malone, Mayor
ATTEST:
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City Attorney - '\
Hugh L. Landrum & Associates, Inc.
By 11/- L :t:L-- /
Hugh L. Landrum, Pr'sident
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ttEQUEST FOR CITY COUNCIL AGENIITEM
AGENDA DATE October 26. 1998
REQUESTED BY Robert T. Herrera. City Manaaer
_ REPORT; _ RESOLUTION; -2QL ORDINANCE;
The attached ordinance initiates the public hearing process necessary to consider the
designation of a tax increment reinvestment zone. City Staff has been working with TXI
Operations, L.P. to promote economic development opportunities within the City of La Porte.
The ordinance authorizes sending a notice of public hearing letter and requests that affected
taxing jurisdictions appoint a representative to meet with the City to consider the designation of
the zone.
This ordinance merely initiates the public comment process and does not commit the City to
create the zone.
A workshop regarding this subject will be set for the November 9, 1998 City Council Meeting.
The vote to actually create a tax increment reinvestment zone would not occur until a December,
1998 City Council Meeting.
ACTION REQUIRED BY COUNCIL:
Approve Ordinance initiating a public hearing to consider the creation of a Tax Increment
Reinvestment Zone in the City of La Porte.
FUND N/A
ACCT NUM:
FUNDS AVAILABLE:
APPROVED FOR CITY COUNCIL AGENDA
G<~ T ~~
ROBERT T. HERRERA. CITY MANAGER
~ 0 .. ~l- q CO
DATE
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OrH-lall:eNo. 98-2295
AN ORDINANCE APPJlOVlNG NOTICE TO THE GOVEltlaNG BODID OIl JL\lUUS
COUNTY, 'ftXAS, LA POln'E INDBPENDENT SCHOOL DIS'ItUCT, SAN JACINTO
.mNIORCOLLEGEBI8l'RICT,MRr OJ1BOUSTON A,1JTIIOJDTY,1IARRIS C01lN'lY
HOSPITAL DJS'I'1lIcr, AmJ ILUlUS C01JN'1'Y I1..OOD CON'l'ROL DISTRIC'1"
ltBGARDlNG TIlE CITY'S CONSIDDATlON OJ' A CONI1CUOUS GEOGRAPBIC
AREA wuwri 1'BE aTY OJ' LA PORTE, 'lEXAB, AS REINVESTMENT ZONE
NUMBER ONE, Cl'lY OP LA pOJrm, TJ:XAS; UQ1JBSTING A WAIVER OF TIlE
4O-DAY N01'lCE; ESTABLISHING A. DATE FOR A PUBLIC BBAlUNG ON TBB
CREATION 01' DOPOSED llEINVESTMENT ZONE NUMBER ONE, crry 01'
LA I'ORTE, TEXAS; A,VI1IORlZlNG AND DIRBC1'ING UIIU!k AcnONS
PRELIMINARY 1'0 THE CREA'DON OF THE PROPOSED REINVESTMENT ZONB
NUMBER OlU, CITY OF LA PORTE, TEXAS; AND CONTAINING FINDINGS
BELATING TO 'It'BE J'OBEGOJNG SOBJECr.
**.....
WBEBEAS, the City of La ~ Texas (the "City"'),. is ~ 1be d-igrtJmoa ofa
cxm1iguous ~aghic area in La ~ Tc:us. as a lCIrvestmalt ZODC UDder tlI1e provisiaDs of
Chap1er 311 oftbc Teas Tax Code over all ala describccI in ~~Dit A A~ hereto; and
WBEBEAS. the area to be dcsiguatcd as a mnvl'J8tr11em ZODe is preclom~ntly opeD. aDd.
because of obsot= PIauiD& dtarioradoIl of'stractarcs or site impmvemc:ot.s, or other f3dom,
substantia1Jy impms or mests the 6lO1DId growth of the City; md
WHEREAS. priartD the crea1ion of the proposed .\aUmSCm.Cm zoue. tho Ci~ CouDci1 must
bold a pubic ~ on the ereatiOB oflhe proposed rauvCltmeat ZODB and its beut4its to 1he City
aDd the property ill. the proposed Jdn~t 2J:IDe; me!
WBERB~ the City desires to IeCOive commems of all a&cted property owacn aDd of
od1m'taxiDgjuriscticticms wbicb levy xeal property taxes within the Rinvc&tmcat ZOllO;
WBElUtAS. ~$IWll to Secticm 311.003(e) ofthc Teas Tax Code, the aovc::miD8 body
of tho City umst notify in writiDs fbrJ govaniDg body of each taiDg 1IIIit 1hat ~ n:at propcd)-
taXes in the pmposed reiavesImmt 2I>DC 1hat dJo City may eatIb&h tbe ZDDC not later 1ban tbe 60th
day betixe 1he data oftlus public 1ariD8 OlD ~pmnu of tho xeia~ 2JDDC, u:aJesa such DOtic::e
is waived by Hams Co1lDty ad La Porte Jndcpcnd.ent School Dislric.t; and
WBEREAS.1he City will CODduet a public beariDg Mg3I1IiDs such ~ OIl or about
Dcccm.ber 28, 1998. UD1ess wai\"tZ atthe (iG-day DOUce ofpublio bI:am1g is recdvecl1iom Baais
Coualy aDd La Parte ~t Sc:bool District.. If such waivca are received, the public beariDg
win be held SOOIB aad DOtifiadioIl ofsuch eadierpubtic; ~g will be made m aU taxiDg 1IDits tbat
levy real pJOperty taxes in the plOpOsed reinves1meDt 2'JODOi aDd
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WBERBAS.1faais Coaaty, Tc:a.. La Porte Tftd~ SdJool Disttid, S8IlJaciDtD 1uDicx
eon. District. Pelt of HoastaD AuIbodty, Banis Couaty lbrpiJal DisIrict. aad Bmis Cotmly
Flood. CoatmlDilkiet arotaiDg mdk.-ities in die ~~ IIftJ8 oftha .tkuy~ ZOD8; aDd
~ I:U~ .t.~ the City cJesirea to DOIi:fy the govemiag bodies of Hams Coaaty, Teas,
La Parle ~ Scbool DisIrict, SaD Jacinto JaaiOt CoIlegc Distrid. Post at Houston
ADtbority, Bmis CoUDty Hospital Distriet, 8Dd Baais CouaIy Flood COIdml DisIdct of im
ccmsideratimI of the "-'rrioJI oetbUeiD9cstmcm zoae aDd to ~ a waiverof1be 6O-day
DDtice 1bm1 Haa:is County, Texas aad La Porte lDdependc:ut SdIool Distrlcr, as provided in Secdon
311.003(e) 011110 Taas Tax Code;-
WBERItAS, to eoasidrt' the CRItiorl of die ~ mm: it is JlCOeSS8Iy that a
~~ ~iUlmalr ZlCDl 6D'IJI.~pIIIl be pRp8Ied aad cimI1ated to all ta:xiDg1lllim thallevy
zeal JXOPalY1BZeS in tht:pmposed ~ mae prlorto 1IIe }w\tmng of a pUblic hearing 0Il1bc
c:reatfoD of tho propased niuvestm.eDt ZDDr:; aad
WBERBAS,priortotho~of1he pIOPOSC4l~'~mueother~ iDc1udiDa
disenssioDS with md paJW ~ to oCher tuiDg UDits levyiDa taes on !be ntal ~ in the
proposed raovestmalt zone. may be ~(.lqIry md Approplia1z:; 8Dd
BE IT ORDAINED BY THE CITY COUNCIL 01' TBE CITY OF LA PORTE,
TEXAS:
Section 1. 'Ibat 1be ~ _recitals in the preamble oftbis ~ are hereby tbund
aDd dermmiaed to be trUe aDd comet and lEe bmby applO~ aad adopted.
Section 2. That th8 Cityhm:by .-nnflnwl its inflllOtinn to ~41! a contiguous ~
Ira within tbo City, as described in lU1nmt A.. asRsinvcstmcat ZoDe N1IIDbeJ'0ae, City of La Porte.
Teac.as.
SecdoD 3. 1haI tb8 City CoUIICil establisbcs the dam ofDcccmber ~ 1998, at six o'cIac:t
(6:00) p.m. ill the City HaD Cblrmhlq for a pubic heaziDg OD tile eslBbHdnn...t of a proposed tax
baement Iduy~eot zone to be bawn as Rcin~ ZoDD Number ODe, City ofLaPozte.
Texas. tmcIer the pmvisioDs of Sccdou. 311.003(c) of1he TfIDB Tax Code. 'The Ci1;y Seaeta!y is
dUected to caaso DIO'I'ice oftbc public ~g to be pubJishccl ill. a oewspaper of gaaal circulA~ftII
in the City JlQt Iar than ~ seventh day before die dale oftbc Ju:ariDs.
Stdion 4. 1bat tile DOtieo addrascd to tbe CoUIIly 1ndge of Hmis Coaaty, die
Superint~m.. La Porte lDdependc:ut School District, 1bc ~11or, San Jacinto 1unior CoUcgo
DisIric:t. GeDeml Maoaga-, PoItof'HoastclllAuOlmity aadPrMd.. Hmis Couaty HospitatDislriet,
me! the ChiefEa~. Hmis Couaty PIood Ccmtml Disaic:t, in substantially die foun ~
.. as 'P......hihit B and iDcorporared htnin tor aU puIp08IlS is adopCJcd aad IppJOvcd. au4 the City
U-.cr is directed to cause sucb.DOtko to be clcli9=ld II sooa as practical
~1IJOIlINL"
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Secfinq 5. ThcMaJ'XaadlbeC1y)l..".,.<<tbeir~8l1Ihm:by~1lo1ab
sochacticms .1le~1yaec...,.~i"hullytD1beallldaa.of.. ~~ _1ndIqJ
~ lirnitJlfi~pmvidiDgDO&:efD1BIiDg1lllils 1DvyiDc1Bll:8of_l'A~witiD tbD ...~
2lODC as proWled in sccti<m 311.003(e) oItbe Taas Tax Cado, ~ 8IIY ~ kdtlf1Mt-to odKz
tIZiDa~~:~waln_of_604ayDDCb 1~A.~ IdIiDapoblic ~datesaad
odIcr re1aBl acdom.
Sedioa 6. 1bat the City C<RmcD of:Ijl!lAlly ~ """"'m-, mci&a .., cIecJalea that a
!lllfRcil!!l'lt WlittmDOticc ol~ elate. hoar, place aad subject oftbis DIIC"iug of1bo City Could was
pceted at a place ~ to dlopab1ic It lie aty BaD ofthD City 1bt the time ftIqUiftJd by law
~mg tIIia ~ as Jeqnire4 by 1be OpeD M~ law, Tc:z. Go* Cc* AIm.. ch. 551
(Vemonl994), 8IHll tbat this ~.. boCD open to" public 88lQ{uiRd by law III aD 1imeI
4uriDa which this arrfm- _ tbo aUject matta" tbereofbu beeG di8CDlllrJd. CODSideNd IIIId
~1ty aCIed upcm. 1bc Cily ComK:il fiIdIa I3tifies, 1IppIOve8 aDd ccmfinDs such wriUm DOtice
8Dd Ihe~ 8Ild~fIH:rcof.
Secti.oa 7. ThattbisOkd..~"J8..... be passed fiDaDyaa1be ~ofitl ~a4 8ba1l
tab effect j~fb'Ilyupon its p--p,
PASSED AND ADOPTED ~1Jl!:dAYOf OClQ~e ( ~ 1998.
/'
APPROVED AS 1'0 FORM: ///
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City A1Js:tmey
~L?~
Mayor otthe City of La Pcm
~ ,1I;14IJ
r..s~'iDD
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Bxht1tt B
[CityofLaPoJte ~]
.1998
NOT.ICJt OF PUBLIC BARING
ON THE CBEA110N Oil 1lEJNVI'.S'I"M ZONE
NUMBER ONE, CITY 0' LA. POJn'B, TEXAS
_ ~_". _ _ ,_...Jo.. ....._",...
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Dear~
Pumwml10 (A. Ji...-'ie No. . adopted on . 1998, tbtJ City Co1llJCiJ of.,
City of La Porte. Teas (the "Ci1y'"). bas called a public heariDg em the question of the cn:aCicm of
Reinvestment ZollO Nmnber On~ City of La Porte, Taus rReiuveslmc:Dt Zcmo Number One").
Notice is hereby givea that the City Council oftha City ofLaP~ Teus wm hold a public ~
on tbe aeadOIl ofRmnveslmelll Zone Number One. City of La Porte, Teas ("Zone Oneil). The
hearing will begin 8l six o'clock (6:00) p.m. on December 28. 1998, in tbe City Hall at 604 W.
Psi!montPukway~LaPortc, T=uT1S71. ~of~areinvitedtoaataDd
the public hearing aud commcm on 1he creation ofReinvCSbnCDt Zone NUIIIber One.
Thcproposed boUDd.uies ofLiDv..d:r1l4l!ftt Zone Number One an: desc:ribed in.Atbdnnent 1-
A desc::riptiOD ot'the tentative pIaus fbr dcvelopmcnt ofReiovCSCmcllt Zone NumbClr One 8Dd en
~tte of the gmera1 impact ofhinvQ~ Zone Numbc:r Que OIl pmpcIty values aDd tax
reveaues are set fb:rth. hi A~"nulJftt: 2..
Pl~t1O Section 31UlO3(g) of1be Chapttz 311. Texas Tm: Code. _has IS
days 1iom 1he receipt of Ibis notice to appoim a ~e to meet wi1h the City in oMer to
"'~nllS Zone Oae's ~:.\.j....ry PNject pJaIl aod rdImstmeDt mDC ftnsmdng plan.
If the City Council dcc:idcs to proceed with tbc crea!ion of Zcme One. it wek.omes your
panicipatioD iDIWiu~ZoDc N\JIDber One. We wiD provide my additiooal information ~ll
may tequi!e. Please call me should you have tIlrJ qucsUoas.
"1t5I\r.APIlIDJl~'IIID
B-1
*II TOTAL PAGE. SB2 **
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ATTACHMENT 2
The tentative plans for the mixed-use development and redevelopment include
commercial, retail, hotel, industrial and recreation of over 600 acres.
The proposed development is anticipated to increase property values in the zone of over
5200,000,000.
The effect on the tax revenues will depend upon the level of participation of each tax
jurisdiction.
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A
REOrlT FOR CITY COUNClL AGENDA 1M
, I . >-'111'" j ...'1. ~.v' '" ~~ -h ..=-.,.- - ~.....,~, - ,-,~
Agenda Date Requested: October 26. 1998
Requested By: s. Gillett ~rtmeut: PublicWorks
XXX Report _ Resolution _ Ordinance
Exhibits:
Bid Tabulation and Bidder's List
SUMMARY & RECOMMl:NUA TION
Sealed bids were received on October 12, 1998 for the annual contract for cleaning, televising and root
removal for sanitary sewer lines. This contract is a component of the City's Sanitary Sewer Rehabilitation
Program, and will be used to supplement the City's in-house cleaning and televising program.
Bids were sent to eight (8) vendors, with five (5) returning bids. Low bid was submitted by AAA Flexible
Pipe, a local La Porte Contractor who holds the current contract, for an estimated annual cost of $54,250.00.
This represents a one percent (1%) reduction over current pricing. Funds are available in the FY 1998-99
Sanitary Sewer Rehabilitation Fund for this contract.
Action Required by Council: Award annual contract for cleaning, televising and removal of roots from sanitary
sewer lines to AAA Flexible Pipe for an estimated annual cost of$54,250.00.
"., . ................. n. ..,f--' ........ .. .,,0' .....
Availability of Funds:
General Fund_ WaterlWastewater
X Capital Improvement_ General Revenue Shaa'ing
Other
Account Number: Fund 018 Funds Available: XX YES NO
BID TABULATION TELEVISING, CLEANING & REMOVAL
OF ROOTS IN SANITARY SEWER LINES
CHIEF SPECIALIZED
CONTRACTORS I MAINTENANCE
AAA FLEXIBLE THE GROCE
PIPE CLEANING I COMPANY INC
DESCRIPTION
ITEM
SHE-CO INC
e
$49,950.00
$38,500.00
$27,000.00
$18,200.00
$17.550.00
$2,000.00
$2,000.00
350.00
$1
$700.00
$650.00
$29,250.00
$27,750.00
$16,250.00
$11,050.00
$10,400.00
$2.850.00
$2.500.00
500.00
$1
$900.00
$1,000.00
$4,500.00
$5,250.00
$2,250.00
$1,425.00
$2.250.00
PIPE CLEANING
Clean 6",8", & 10" Sewer Less Than
1/3 Pipe Debris - LF
Clean 6",8", & 10" Sewer Greater
Than 1/3 Pipe Debris - LF
Clean 12" & 15" Sewer Less Than
1/3 Pipe Debris - LF
Clean 12" & 15" Sewer Greater
Than 1/3 Pipe Debris - LF
Clean 18" & 21" Sewer Less Than
1/3 Pipe Debris - LF
Clean 18" & 21" Sewer Greater
Than 1/3 Pipe Debris - LF
1
2
3
4
5
6
$1.137.50
$1,400.00
$700.00
$332.50
050.00
$1
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$89,687.50
$77,400.00
$49,050.00
$32,607.50
$32,900.00
TOTAL PIPE CLEANING
T.V. INSPECTION
Sewers 6" Through 21
$38,000.00
$38.000.00
$38,000.00
$47,500.00
$19.000.00
ROOT REMOVAL
Root Removal in Sewers 8" &
7
$4,000.00
$2,500.00
$2,000.00
$950.00
000.00
$1
10'
8
$4.850.00
$2.500.00
$2,000.00
000.00
$1
000.00
$1
15'
Root Removal in Sewers 12" &
9
785.00
$1
225.00
$1
$700.00
$350.00
$350.00
Removal in Sewers 18" & 21
Root
10
$10,635.00
$138,322.50
$6,225.00
$121,625.00
$4,700.00
$91,750.00
$2,300.00
$82,407.50
$2,350.00
$54,250.00
TOTAL ROOT REMOVAL
GRAND TOTAL
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BIDDER'S LIST
SEALED BID #0753
TELEVISING, CLEANING AND REMOVAL
OF ROOTS IN SANITARY SEWER LINES
AAA FLEXIBLE PIPE CO
3900 UNDERWOOD RD
LA PORTE, TX 77521
CHIEF CONSTRUCTION
PO BOX 925249
HOUSTON, TX 77292
GROCE COMPANY
PO BOX 34605
HOUSTON, TX 77234-4605
INSITUFORM GULF SOUTH
16619 ALDINE WESTFIELD
HOUSTON, TX 77032
SEVERN TRENT ENVIRONMENTAL
283 LOCKHAVEN DR SUITE 214
HOUSTON TX 77073
SHE-CO
5716 JENSON DRIVE
HOUSTON, TX 77026
SOUTHWEST UNDERGROUND
8001 HERSHEY RD
HOUSTON TX 77029
SPECIALIZED MAINTENANCE
4533 PASADENA BLVD
PASADENA, TX 77503
CHAMBER OF COMMERCE
PO BOX 996
LA PORTE TX 77572-0996
BAYSHORE SUN - PUBLISH DATES:
SEPTEMBER 27,1998
OCTOBER 4, 1998
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B
REO.lTFOR Cl1Y COUNCIL AGENDA AM
Agenda Date Requested: October 26. 1998
Requested By: s. Gillett~Department: Public Worlc;
XXX Report _ Raolution _ Ordinance
Exhibits:
Bid Tabulation and Bidder's List
SUMMARY & RECOMMENDATION
Sealed bids were received on October 18, 1998 for an additional CrawlerlExcavator (Utility Division), a replacement Lift Truck
(forklift - Purchasing Division), a replacement Motor Grader (Street Division) and a replacement Tractor with RotaJy Boom
Mower (Street Division). Bids were sent to fourteen (14) vendors, with seven (7) returning bids.
Tbe low bid for the CrawlerlExcavator does not meet specifications in several areas. Additionally, the machine is manufactured
in Korea, and parts availability is of concern. Second low bid meets all specifications, and parts are readily available locally. It
is recommended that the bid from Mustang Tractor be accepted as low bid meeting specifications.
All bids except the additional CrawlerlExcavator include a trade-in option. Bids received were very favorable, as well as the
trade-in values offered. After careful consideration, it is recommended that the low bids meeting specifications, as well as the
trade-ins offered on each piece of equipment, be awarded as follows.
ITEM BIDDER BID LESS NET BID BUDGETED
TRADE-IN AMOUNT
CRA WLERI MUSTANG $ 64,789.00 N/A $64,789.00 $70,000.00
EXCAVATOR TRACTOR
LIFT TRUCK BRIGGS EQUIPMENT $ 17,050.00 $ 1,500.00 $15,550.00 $21,416.00
MOTOR RB. EVERE'IT $102,764.00 $20,000.00 $82,764.00 $92,610.00
GRADER
TRACTOR WI LANSDOWNE $ 49,555.00 $10,000.00 $39,555.00 $43,500.00
BOOM MOWER
Action Required by Council: Award bids for new and replacement equipment as recommended, for a total net alSt of$202,658.00.
Availability of Funds:
General Fund XX Warer/Wastewater
_ Capital Improvement XX Motor Pool
Other
AttoUIlt Number: Various Funds Available: .x.. YES _ NO
BID TABULA TlON
BID # 0755 - HEA VY EQUIPMENT
BROOKSIDE
EQUIPMENT
LANSDOWNE-
MOODY CO
BRIGGS STEWART & ILANSDOWNE-
EQUIPMENT I STEVENSON MOODY CO
R.B.
EVERETT &
COMPANY
MUSTANG
TRACTOR
DESCRIPTION
-
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
$17,291.00
No Bid
$17,291.00
No Bid
$17,050.00
$1,500.00
$15,550.00
$58,185.00
No Bid
No Bid
No Bid
$64,789.00
$20,946.00
$1,000.00
$19,946.00
Excavator/Crawler
Lift Truck
Less Optional Trade-in Allowance
Item #2 Total
1)
2)
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
$102,764.00
$20,000.00
$82,764.00
Motor Grader $119,292.00
Less Optional Trade-in Allowance $15,000.00
Item #3 Total $104,292.00
3)
$46,058.00
$2,098.00
$6,000.00
$42,156.00
JD 6405
$44,855.00
$4,700.00
$10,000.00
$39,555.00
FordT5110
$42,146.00
$4,700.00
$10,000.00
$36,846.00
Ford 76105
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
Tractor w/Rotary Boom Mower
Optional Creep Gear
Less Optional Trade-in Allowance
Item #4 Total
Model Bid
4)
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SA YOU CITY FORD
3625 EASTEX FREEWAY
HOUSTON, TX 77026
LANSDOWNE-MOODY, INC.
1600 FM 528
WEBSTER, TX. 77598
MUSTANG TRACTOR
PO BOX 1373
HOUSTON, TX 77251-1373
R B EVERETI
PO BOX 327
HOUSTON, TX 77001
WOWCO EQUIPMENT
5430 HWY 146
BAYTOWN, TX 77521
BUILDERS CONTRUCTION EQUIP
13317 ALDINE-WESTFIELD
HOUSTON, TX 77036
FORKLIFT MECHANICS
2416 CAPITOL
HOUSTON, TX 77003
CHAMBER OF COMMERCE
PO BOX 996
LA PORTE TX 77572-0996
BIDDER'S LIST
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.HEAVY EQUIPMENT REVISED
SEALED BID #0755 _ .
BROOKSIDE EQUIPMENT SALES
7707 MOSLEY
HOUSTON,.TX 77017
LONE STAR TRUCK CENTER
6200 NORTH LOOP EAST
HOUSTON, TX 77026
PRECO MACHINERY
6519 RUPLEY CIRCLE
HOUSTON, TX 77087
RUSH EQUIPMENT
10100 NORTH LOOP EAST
HOUSTON, TX 77029
SUPERIOR FORKLIFT INC
PO BOX 15374
HOUSTON, TX 77220
SOUTHWEST FORKLIFT
7100 GRAND BLVD
HOUSTON, TX 77054
TAYLOR WACO INC
2523 FAIRWAY PARK DR.
HOUSTON, TX 77092
BAYSHORE PUBLISH DATES:
OCTOBER 4,1998
OCTOBER 11, 1998
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RAEST FOR CITY COUNCIL AGEA ITEM
Agenda Date Requested:
Requested By:
Report
October 26, 1998
Susan Kellev ~ ~ Department:
Resolution Ordinance
Purchasina
Exhibits:
Bid Tabulation, Bidder's List
SUMMARY & RECOMMENDATION
Advertised, Sealed Bid #0751 for Gasoline and Diesel Fuel were opened and read on October 12, 1998. Bid
requests were mailed to ten (10) area supplies with three (3) returning bids.
Bidders were asked to submit pricing above (+) and below (-) the Oil Price Information Survey (OPIS) low rack
pricing high-low average for the Houston area.
Sun Coast Resources, Inc. submitted low bid meeting specifications as follows:
Bulk delivery (6,000+ gallons)
Plus Unleaded: -.0221
Premium Unleaded: -.0293
Diesel #2 w/additive: -.0056
Non-bulk delivery (less than 1,000 gallons)
Regular Unleaded: +.0190
Diesel #2 w/additive +.0190
Using OPIS pricing during the week of September 21, 1998, the estimated yearly cost would be $93,432.00,
not including excise tax and loading fees.
The pricing submitted is the same as our current price with Sun Coast. This contract is for two (2) years, with
two (2) additional one (1) year option periods.
Sufficient funds have been budgeted by various departments.
Action Required by Council:
Award Bid #0751 - Gasoline and Diesel Fuel to Sun Coast Resources, low bidder meeting specifications, for a
two (2) year contract, with two (2) additional one (1) year option periods, as recommended by staff.
Availability of Funds:
General Fund
Capital Improvement
XX Other - Fuel Inventory
WaterlWastewater
General Revenue Sharing
Account Number:
Funds Available:
Yes
No
Approved for City Council Aaenda
6<T~
Robert T. Herrera, City Manager
Je - )., -1'6
Date
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BID TABULATION
GASOLINE & DIESEL FUEL
U1L .-....~I - lUNG
SUN COAST BRAZOS FUELS
DESCRIPTION QTY RESOURCES VALLEY INC
ITEM #1 - MORE THAN 6,000 GALLONS
Plus Unleaded 53,000 -0.0221 -0.0139 -0.0122
Premium Unleaded 72,000 -0.0293 -0.0249 -0.0262
Diesel #2 w/additive 70,000 -0.0056 +.0069 +.0070
ITEM #2 - LESS THAN 1,000 GALLONS
Regular Unleaded 6,000 +.0190 +.0439 +.0740
Diesel #2 w/additive 4,000 +.0190 +.0509 +.0740
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BIDDER'S LIST
.
SEALED BID #0751 - GASOLINE AND DIESEL FUEL
ANGEL'S Oil COMPANY
P.O. BOX 1398
LA PORTE, TX 77572
APACHE Oil CO., INC.
P. O. BOX 177
PASADENA, TX 77501
BAY Oil COMPANY
P.O. BOX 1367
DICKINSON, TX 77539
H & W PETROLEUM CO., INC.
9617 WALLlSVILLE RD.
HOUSTON, TX 77013
JAM DISTRIBUTING
P.O. BOX 590026
HOUSTON, TX 77259-0026
JONES Oil
4828 N. SHEPHERD DRIVE
HOUSTON, TX 77018
Oil PATCH
P. O. BOX 456
FREEPORT, TX 77542-0456
O'ROURKE DISTRIBUTING
223 McCARTY DRIVE
HOUSTON, TX 77029
SUN COAST RESOURCES
PO BOX 4516
HOUSTON, TX 77210-4516
THOMAS PETROLEUM
P.O. BOX 659
WINNIE, TX 77665
CHAMBER OF COMMERCE
P.O. BOX 996
LA PORTE, TX 77572-0996
BAYSHORE SUN PUBLISH DATES:
SEPTEMBER 27,1998
OCTOBER 4, 1998
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TIns ORAI/IIIG (.1;0 .\~~ llirORI~M 1011 TlICREDII IS nec PI,OPCllrr or HODI~ PIPE ~1r,E cCJI4P....r AND 'HA_~
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HARRIS COUNTY, TEXAS
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CITY OF LA PORTE
PUBLIC WORKS
DEPARTMENT
Memo
To:. Knox Askins, City Attqrney
From: Steve Gillett, Director of Public Works
CC: Martha Gillett, City Secretary
Date: 1 0/12198
>pbI
Re: Pipeline Ordinance
I have received a request for a permit to construct a pipeline from Mobile Oil
Corporation for a six inch (6") Ethylene pipeline, with a maximum pressure of 1,440
PSI and temperature of 150 degrees Fahrenheit; 65 degree Celsius. The information
on the request is in the attached letter of request. Please prepare an ordinance
granting a permit to construct this pipeline for the October 26, 1998 Council meeting.
. Page 1
.
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CITY OF LA PORTE
RECEIPT
NO.
52856
P.O. BOX 1115 · LA PORTE, TEXAS 77572-1115 0 713/471-5020
CASH
CHECK
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MONEY
ORDER
o CHECK I MONEY ORDER NO.
CASHIERS tf)Lf 3 4-3 "'"\ ,
CHECK oU ~
DATE
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RECEIVED
FROM
AMOUNT
$ 5DO.CC
PAYMENT
FOR
DESCRIPTION
CUSTOMER
-. (}'OO.OO
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OffJ , Ct,
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I Richard N - Pickett
...
P.O. Box 1866 - Liberty, Texas 77575-1866 - (409) 336-8481 - Fax (409) 336-8485
e-mail: richard.pickett@imsday.com
Land Titles/Curative
Five Generations in Liberty, Liberty County, Texas
Col. EB. Pickett (1823-1882) - EB. Pickett, 5r.(1852-1926) -E W Pickett (1883-1945)
E W Pickett, Jr. (1914-1987) - Richard N. Pickett (1952 -)
October 6, 1998
City of LaPorte
Attn: City Secretary
P.O. Box 1115
La Porte, TX 77572
RE: Proposed relocation of Mobil Hull to U.S.I. Chemical Co. 6" Ethylene Pipe Line (MC-:42D)
- Strang Yard - City of LaPorte, Harris County, Texas
Gentlemen:
Pursuant to my conversation with Mr. Steve Gillett, Public Works Dept., on even date, Mobil
Oil Corporation respectfully requests the City of La Porte, Texas to pass en ~rdinance granting a
permit to said corporation authorizing the construction ofthe subject pipeline under Avenue L, as
reflected on the attached surveyed plats, according to the terms and stipulations of the appropriate
City of La Porte Code governing issuance of same.
As requested, please find the following information concerning this project which will
indicate the time, manner, means and methods of construction, the commodity to be transported,
maximum pressures and temperatures ~fthe transported commodity, and the size and number of
lines to be laid:
Time - Commence construction on October 271h, 1998, with a completion date of November
25th, 1998 (weather and ROW approvals permitting);
Manner, Means & Method of Construction -
450' of pipe will be installed by directional drill with boring equipment;
approximately 1,400' of pipe will be installed by open ditch method with the use of
backhoe equipment;
Commodity - Ethylene (see Material Safety Data Sheet attached hereto - 6 pages);
Maximum pressure - 1,440 PSI
Maximum temperature - 150 degrees Fahrenheit; 65 degrees Celsius
Size of pipeline -
6.625" O.D. x 0.280" W.T. API-5LX-52 pipe
:;.
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-
Number oflines-
One (1)
Depths -
See profile on attached plat (24.5' from top of Ave. L; 7' from bottom of
ultimate channel/structure - H.C.F.C. Ditch F-I0I-00-00)
Mobil will commence a bore on Channel Industries fee property traversing Ave. L and the
Harris County Flood Control District ditch number F-I0I-00-00 to a location on Union Pacific
Railroad Company fee land maintaining the depths indicated hereinabove.
:Please find enclosed herewith the following items:
1. Two (2) plats of Mobil Drawing No. F-38A-ST
2. Two (2) plats of Mobil Drawing No. F-39-ST
3. Mobil Pipe Line Company Check Number 004342 dated October 6, 1998 in the
amount of $300.00 - Permit Fee
4. Mobil Pipe Line Company Check Number 004343 dated October 6, 1998 in the
amount of $200.00 - Annual Fee
Please direct any correspondence or requests for further information to me including notice
ofthe successful application for permit and delivery of same, as follows:
Richard N. Pickett
Mobil Oil Corp. Rep.
P.O. Box 1866
Liberty, Texas 77575-1866
409-336-8481
The official name of the company that the permit and easement will be granted is:
Mobil Oil Corporation
12450 Greenspoint Dr.
Houston, Texas 77060-1991
Thank you in advance for your expeditious attention to this matter. Should you have any
questions, please do not hesitate to call.
Richard . Pickett,
Mobil Oil Corp. Representative
RNP/me
Attachments (7)
cc: Ron Sullivan - Mobil Oil Corp.
Right Of Way & Claims Specialists
P.O. Box 670129
Houston, TX 77267-0129
281-591-3717
.. e _ ....................................
... ..... 'SENT' By.:.M'oiHCp'IPELiNE.... ... ....... ;fO~"6'':'98'';' "T3:3800;S(f'A'sSE'f ARBfofficE.:.i.....R i'diar'd:'N P I eke t t;# 2/ 7
"''UIYI_ http://mIUJ.odsaelcomfl'Rl1lactsl214.hlllll
Common Name:
CAS Number:
DOT Number:
Date:
Ethylene
74-8.5-1
UN 1962/UN 1038
Ja.nuary, 1989
-----------------------------------------
*
HAZARD SUMMARY
* Ethylene gas can affect you when ~reathed in.
* Ethylene gas 18 HIGHL11' FLAMMABLE and EX.J?LOSIVE. This is the
major hazard of Ethylene exposure.
Exposure to the gas can Cause you to feel di~zy, lightheaded,
and to pass out.
Contact with liquid Ethylene could cause frostbite.
Ethylene may cause suffocation. Excessive amounts in the air
in an enclosed space will decrease the amount of oxygen.
The health effects caused by exposure tn Ethylene are much
less serious than its FIRE and EXPLOSION RISK.
.
,.
*
IDENTIFICATION
Ethylene is a colorless gas at ~oom temperatures. At very low
temperatures it is a liquid. It is used as a refrigerant and in
welding and cutting metals.
REAsON FOR CITATION
* Ethylene is on the Hazardous Substance Li6t because it is
cited by ACGIH, nOT, NFPA and EPA.
* This chemical is on t~e Special Hea2th Hazard Substance List
because it is FLAMMABLE and REAC~IVE.
* Definitions are attached.
*
HOW TO DETERMINE IF YOU ARE BEINe; EXPOSED
* Exposure to hazardous substances should be routinely
eva.luated. This may include collecting air samples. Under OSHA
1910.20, you have a ~egal right to obtain copies of sampling
results from you employer. If you think you are experiencing
any work related health prOblems, see a doctor trained to
recognize occupational diseases. Take this Fact Sheet with
you.
ODOR THRESHOLD = 290 ppm.
The odor threshold only sex~es as a warning of exposure. Not
smalling it does not mean you are not being exposed.
*
WORKPLACE EXPOSURE LIMITS
* No exposure l~~Ls have been determined.
* Large amounts of Ethylene will deorease the amo~nt of
available oxygen. Before entering an enclo$ed space, oxygen
content should be tested to ensure that it is at least 19.5%
by volume.
WAYs
*
OF REDUCING EXPOSURE
Where possible, enclose operations and U6e local exhaust
ventilation at the site of chemical xelease. If loc~l exhaust
ventilation Or enclosure is not used, respirators should be
worn.
Wear specially designed protective clothin~ where exposure to
cold equipment, vapors, or liquid can occur.
Permanently installed ~nalyzers should be used to monitor for
a dangerous release ot Ethylene gaa.
Poet hazard and warning information in the work area. In
addi~ion, as part of an ongoing education and training effort,
communicate all information on the health and safety hazar~~
of Ethylene to potentially exposed workers.
'*
*
*
This Fact Sheet is a Aummary source of information of all potential
and most severe health ha%ards that may result from exposure.
10f6
10/6/98 10:091\M
...:..........::..,..;.......,.....".... ....."..""........ ;Io~' .6..:98'";'""' i"s': 39"'; SO "1&' AREA" 6FFiCE~""'"R j'dl'ar'd" 'N"r i die i't';',' '3/ .1.........
r~~r BY MOB I L P I PEL I NE , bup;//mail.OOllllDl.cnrnfl'R1Factsl2J4.html
Duration of exposure, concentration of the $ubstance and other
factors will affect your susceptibility tu any of the potentia1
effects described below.
------------------------------------------
HEALTH HAZARD INFORMATION
Acute Health Effects
The following acute (short term) hea1th effects may occur
immediately or shortly after exposure to Ethylene:
*
Exposure can cause you to feel dizzy, 1ightheaded, and to pass
out.
Contact with liquid Ethylene can cause frostbite.
Chronic Health Effects
The following chronic (long term) health effects can Occur at some
time after exposure to Ethy1en~ and can 1ast tor months or years:
..
cancer Hazard
* There is insufficient evidence avaiiabie to evaluate Ethylene
for its ability to call.!;e cancer in animals.
Reproductive Hazard
.. According to the information presently aVQilable to the New
Jersey Department of Health, Ethylene has not been tested for
its ability to adversely affect reproduction.
Other Long Term Effects
.. Ethylene has not been tested for other chronic (long term)
health effects.
MEDICAL
Medical Testing
* There is no special test for this chemical. However, if
i1lness OCcurs or overexposure is suspected, medical attention
is .recommendecl.
Any evaluation should include a careful history of past and present
symptoms with an exam. Medical tests that look for damage already
done are not a substitute for controlling exposure.
Request copies of your medical testing. You have a legal right to
this ~n~ormation under OSHA 1910.20.
WORKPLACE CONTROLS AND PMACTlCES
unless a less toxic chemical can he substituted tor a hazardous
substance, ENGINEERING CONTROLS are the most effective way of
reducing exposure. The best protection is to enclo.se opeJ:ati.ons
and/or provide local exhaust ventilation at the site of chemical
reiease. Isolating operations can also reduce exposure. Using
respirators or protective Qquipment is less effective ~han the
controls mentioned above, but is sometimes necessary.
In evaluating the controls present in your workplace, consider: (1)
how hazardous the substance is, (2) how much of the substance is
released into the workplace and (3) whether harmful skin or eye
contact cou1d oCcur. Special contro1s should be 1n place for highly
toxic chemicals or when significant skin, eye, or breathing
exposures are possible.
In addition, the fo11owi.ng contro1s ~re recommended:
2of6
10/6I!:l8 10:09 AM
,." ....... .................. ................... ............................ ..........
.........SENfit{:.MOBiI.r'lPECiNE..............iTo:.:..e...:S8..;...'i'3.:4O";S(j' 'ASSET AREA OffICE-I Richard N Plckett;# 4/ 7
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* Where possible, automatically pump liquid Ethylene from
storage conta1ners to process containers.
* Before entering a confined space which may contain Ethylene,
check to make sure that sufficient oxygen (at least 19.5%J
exists.
* Before entering a confined spa~e where Ethylene may be
present, check to make sure that an explosive concentration
does not exist..
PERSONAL PROTECTIVE EQUIPMENT
WORKPLACE CONTROLS ARE BETTBk T~ PERSONAL PROT~CTIVE EQUI~MENT.
However, for some jobs (such as outside work, ~onfined space entry,
jobs done only on00 in a while, or jobs done while workplace
contro~s are being installed), personal protecLive equipment may be
appropriate.
The following recommendat1ons are only guidelines and may not apply
to every situation.
Clothing
* Where exposure to cold equipment, vapors, and liquid may
occur, special gloves and olothing designed to pr~vent
freezing of body tissues should be used.
A1l protective clothing (suits, gloves, footwear, headgear)
should be clean, QV41lable each day, and put on before work.
.,.
Eye
.,.
Protection
Wear splash p~oof chemical goggl~2> and face shield when
working with liquid, or gas proof mask when working with gas,
unless full facepiece respiratory protection is worn.
Respiratory Protection
IMPROPER USE OF RESPI~TORS IS DANGEROUS. Such equipment should
only be used ~f the employer has a written program that takes into
account workplace conditions, requirements for worker training,
respirator fit testing and medical exams, as described in OSHA
1910.134.
*
Engineering controls must be effective to ensure that exposure
to Ethylene does not occur.
Exposure to Ethylene gas is dang~r~us because it can replace
oxygen and lead to suffocation. Only MSHA/NIOSH AP proved self
contained breathing apparatus with a full facepiece operated
in positive pressure mode should be used in oxygen deficient
enV1ronrnents.
."
HANDLING AND STORAGE
."
Prior to working with Ethylene you should be trained on its
proper handling and storage.
Procedures for the handling, use and stordg~ of Ethylene
cylinders should be in compliance with OSHA 1910.101 and
follow the recommendations of the Compressed Gas Association
as well as OSHA 1910 Subpart M.
store in tightly closed containers in a cool well ventilatRd
area away from CHLORINE COMPOUNDS, OXIDIZING AGENTS, and
COMBUSTIBLE ~TERIALS.
Sources of ignition such as smoking and open flames are
prohibited where Ethylene is handled, used, or stored.
Use only non sparking tools and equipment, especially whon
opening and Closing containers of Ethylene.
Wherever Ethylene is used, handled, manufactured, or stored,
use explosion proof electrical equipment and fittings.
Piping should be e~ectx1cally bonded and grounded.
.
....
*
.
*
*
10/6198 10:09 AM
... .. ...............................................................................
......................:....................iNE...............;To:.:..a..:.ss..;....1t3.:41..;so.lsSET. AREA OFFICE-i Richard N Picket t i# 5/ 7
.,..;~ BY.MOBIL PIPEL IaUp:l/lllaiJ.odsnet.oonUfR.IFactII214.htmI
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Common Name: ETHYLENE
~ Number: UN 1962/UN 1038
DOT Emergency GU1de code: 22
CAS Number: 74-85-1
----------------------------------------
NFPA Hazard Rating
FLAMMABILITY
REACTIVITY
4
2
----------------------------------------
CONTAINERS MRY EXPLODE IN FIRE
----------------------------------------
Hazard Rating Key: O=minimal; l-s1ight; 2=moderate; 3=serious;
4=severe
FlU HAZARDS
* Ethylene is a F~LE LIQUID OR GAS.
'" Vapors may trave~ to a .source of ignit.ion and flash back.
* CONTAINERS MAY EXPLODE IN FIRE.
* Stop flow of gas. Use dry chemical, C02, or water spray in
large amount.s.
· Use water spray to keep firR exposed containers cool.
* If employees are expected to fight fires, they mUst be trained
and equipped as stated in OSHA 1910.156.
Sf ILLS AND &MERGENCIES
It Ethylene is leaked, take the following steps:
'"
Restrict persons not wearing protective equipment from a~ea of
leak until cleanup is complete. Contact may cause SeVere burns
and vapor bui1d up may cause sufIocation.
Remove all ignition sources.
Ventilate are~ of leak to disperse the gas.
Stop f10w or gas. If source of leak is a cylinder and the leak
cannot be stopped in p1ace, remove the leaking cylinder to a
safe place in the open air, and repair 1eak or allow cylinder
to empty.
KeRp Ethylene out of a confined space, such as a sewer,
because of the possibility of an explosion, unless the sewer
1s designed to prevent the buildup of explosive
concentrat.ions.
It may be necessary to contain and dispose of !thylene as a
HAZARDOUS WASTE. Contact your Department of Environmental
Protection CDEP) or your regional office of the federal
Environmenta1 Protect~on Agency (EPA) ~or 8peci~ic
recommendations.
*
*
'"
*
*
~~=====~~~m===_===--_
-- ====::;;
FOR LARGE SPILLS AND FIRES i~ediately call your fi~e department.
=~====~========~==~~~~=~~~~====~=~=====
FIRST AJD
~OISON INFORMATION
Eye Contact
* Seek medica~ attention.
Skin Contact
* Quickly i~erse affected part in warm water.
* Seek Medica1 attention.
Breathing
* Remove the p~rson from exposure.
* Begin rescue b~eathing if bTp.athing has stopped and CPR if
heart action has stopped.
10/6I!:l8 10:09 AM
. -
..".,., 'SENT' By":'MOihL .P.IPEClNE""",.,."., ;fo~' .6..:88.';.." i'3': 42"; so' 'ASSET' AREA' officE~""'R j'c'h'ar'd' 'N' 'r i 'eke i'i"; #.' '6/.7.....'..'
HthyleDe http://mail.cxboat.comtrRIFactlJl214.blml
* Transfer prompt1y to a medical facility.
PHYSICAL DATA
Flash i>o1nt:
Water Solubility:
2130F (136oC)
S1ightly soluble
OTHER COMMONLY USED ~s
Chemical Name:
Ethene
other Names and Formulations:
Acetene; Olefiant Gas; Bicarburretted Hydrogen.
Not intended to be copied and sold for commercial purposes.
------------------------------------------
NEW JERSEY DEI>~TMENT OF HEALTH
Right to Know program
CN 368, Trenton, NJ 08625 0368
------------------------------------------
------------------------------------------
~COLOG~~ INFORMATION
Ethylene is a colorless, flammable gas with a slight1y sweet odor,
which is produced in very large volumes. It is a main building
block of the petrochemical industry, and is converted to many
intermediate and end products, including plastics, resins, fibers,
elastomers, solvents, surfactants, coatings, plasticizers and
antifreeze. It may enter the environment from inQu~~rlal
discharges or spills.
ACUTE (SHO~T-TERM) ECOLOGICAL EFFEC~5
Acute toxic effects may incluoe the death of animals, birds, or
fish, and death or low growth rate in plants. Acute effects are
seen two to four days after animals or plants corne in contact with
a toxic chemical substance.
Ethylene has slight acute toxicity to aquatic life. Ethylene has
caused injuries of many kinds to numerous agricultural crops.
Insufficient data are available to evaluate or predict the
short-te~ effects of ethylene to birds ur land animals.
CHRONXC (LONG-TERM) ECOLOGICAL EFFECTS
Chronic toxic effects may include shortened lifespan, reproductive
problems, lower ferti1ity, and changes in appearance Or behavior.
Chronic affects can be seen long after first exposure(s) to a toxic
chemical..
Ethylene has s1ight chronic toxicity to aquatic life. Insufficient
data are ava1lable to evaluate or prad1~t the long-term effects of
ethylene to p1ants, biros, or land animals.
W~TER SOLUB~L~TY
Ethylene is highly soluble in water. concentrations of 1,000
milligrams and more will mix with a litez of wyt~r.
DISTRIBUTION AND PERSISTENCE IN THE ENVIRONMENT
Ethylene 1s non-persistent in wa~p.r, with a half-life of less than
2 days. The half-life of a pollutant is the amount of time it
Sur6
10/6/98 10:09 AM
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""'" 'sENt' BY':'M"oi:HL 'P'iPECiNE"""".."" ;fo~' '6'.:98";"" i'3': 42"; so'AssEt' AREA" OFFicE~"" 'R i'c'h'ar:d' 'N' 'r i 'c ke'i'i'; it' '7/ '1"""'"
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takes for one-ha~f of the chemical to be degraded. About 99.9% of
ethylene will eventually end up in air; the rest will end up in the
water,
BIOACCUMUlATION :J:N AQUJl.TIC ORGANISMS
Some substances increase in concentration, or bioaccumUlate, in
living organisms as they breathe contaminated air, drink
contaminated water, or eat contaminated food. These chemicalA can
become con~entrated in the tissues and internal organs of animals
and humans.
SUPPORT DOCUMENT: AQUIRE Database, ERL-Ouluth, U.S. EPA.
60C6 10/6198 10:09 AM
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ENGINEER: J LA ~-98
DRAFTSMAN I Td~C 9-98 ,,",,NE'''NG DE'T.
ENO.CHECKI II
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ENGINEER: J .L.A 9-98
DRAFTSMAN. Td~C 9-98 ENllNEERlNG DE.r.
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