HomeMy WebLinkAbout1999-05-24 Regular Meeting and Public Hearing
e
e
e
e
MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING
OF LA PORTE CITY COUNCIL
MAY 24, 1999
1. CALL TO ORDER
The meeting was called to order by Mayor Norman Malone at 6:00 p.m.
Members of City Council Present: Councilpersons Guy Sutherland, Chuck Engelken,
Howard Ebow, Peter Griffiths, Alton Porter, Deotis Gay, Charlie Young, Jerry Clarke,
and Mayor Malone.
Members of Council Absent: None
Members of City Executive Staff and City Emolovees Present: City Manager Robert T.
Herrera, City Attorney John Armstrong, Assistant City Manger John Joerns, Assistant
City Manager Jeff Litchfield, City Secretary Martha Gillett, Director of Administrative
Services Louis Rigby, Director of Planning Doug Kneupper, Director of Public Works
Steve Gillett, Acting Police Chief Aaron Corrales, Assistant Finance Director Cynthia
Alexander, Administrative Assistant Carol Buttler, Director Parks and Recreation
Stephen Barr, Revenue Supervisor Kathy Powell, Secretary Crystal Scott, Planner
Masood Malik, Purchasing Agent Susan Kelley.
Others Present: Dennis Dunham, David Hawes, James and Barbara Suber, Summer
Cacciotti, Spero Pomonis, Decker McKim, Lin Pfeiffer, Colleen Hicks, Mike Mosteit,
Bruce Meismer, David Webb, Eddie Gray.
2. Ron Trimmer delivered the Invocation.
3. Council considered approving the minutes of the Special Called Meeting and Workshop
Meeting on May 17, 1999.
Motion was made bv Counciloerson Sutherland to aDo rove the minutes of the Soecial
Called Meetine: and Workshoo Meetine: on Mav 17. 1999 as oresented. Second by
Councilperson Engelken. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke and Mayor
Malone.
Nays: None
Abstain: None
4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND
TAX PAYERS WISHING TO ADDRESS COUNCIL
Dennis Dunham - 816 S. pI Street, La Porte, Texas 77571 - Requested the city to
reconsider the Tax Increment Reinvestment Zone and consider a referendum to get the
citizens involved. The citizens need to be educated. He advised Council the general
public did not have a good understanding of the issue.
e
e
City Council Minutes - May 24, 1999 - Page 2
James Suber - 3902 Bonita LanelBay Colony, La Porte, Texas 77571. Addressed
City Council about the Bayport Channel Container Facility. He provided council with a
handout and overview of what residents know about this subject and the concerns of
Bay Colony Citizens. Mr. Suber pointed out that Bay Colony Citizens have concerns
regarding this container facility.
5. Open Public Hearing - Mayor Malone opened the Public Hearing at 6: 15 PM.
Review by staff - Assistant City Manager John Joerns presented summary and
recommendation regarding the creation of reinvestment zone number one. Mr. Joerns
introduced a handout as part of the public record to the May 24, 1999 Public Hearing on
the creation of tax increment reinvestment zone number one, City of La Porte, Texas.
Public input - 6:35 PM
Decker McKim - Representing the owners of blocks 1132 & 1149 (Dan
Connely block 1132 and Dorothy May Cook block 1149) requested Council
consider adding these blocks to the zone.
David Webb - LPISD, requested the 13.8 acre site at Sens and North D be
added to the zone. LPISD supports the zone.
Eddie Grav - South 16m Street - requested his 3 1h acres be included in the
zone and noted he supports the TIRZ as presented.
Soero Pomonis - Advised City Council he is against the TIRZ. He informed
Council he will see that a petition is passed for a vote from the public if this
passes tonight and he will force a referendum.
Recommendation of staff - Mr. Joerns recommended the city proceed with the Tax.
Increment Reinvestment Zone number one,
Close public hearing - Mayor Malone closed the Public Hearing at 6:43 PM.
6. Council considered approving an ordinance approving the creation of reinvestment zone
number one City of La Porte.
Assistant City Manager John Joems presented summary and recommendation.
City Attorney read: ORDINANCE 99-2325 - AN ORDINANCE DESIGNATING A
CONTIGUOUS GEOGRAPlllC AREA WITIllN CITY OF LA PORTE AS
REINVESTMENT ZONE NUMBER ONE, CITY OF LA PORTE, TEXAS, FOR TAX
INCREMENT FINANCING PURPOSES PURSUANT TO CHAPTER 311 OF THE
TEXAS TAX CODE; CREATING A BOARD OF DIRECTORS FOR SUCH ZONE;
CONTAINING FINDINGS AND PROVISIONS RELATED TO THE FOREGOING
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTNE
DATE HEREOF.
Motion was made by Councilperson Porter to approve the Ordinance as presented by Mr,
Joerns. Second by Councilperson Gay. The motion carried,
e
e
City Council Minutes - May 24, 1999 - Page 3
Councilperson Gay, Sutherland, Porter, and Ebow expressed support and advised citizens
they would spend whatever time visiting with them that is needed,
Councilperson Clarke noted he would like to see a referendum,
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, and Mayor Malone
Nays: Clarke
Abstain: None
7. Council considered approving an ordinance approving the Tax Increment Reinvestment
Zone Guidelines.
Assistant City Manager John Joerns presented summary and recommendation.
City Attorney read: ORDINANCE 99-2328 - AN ORDINANCE ADOPTING TAX
INCREMENT REINVESTMENT ZONE GUIDELINES FOR THE CITY OF
LA PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Griffiths to approve the Ordinance as presented by
Mr. Joerns. Second by Councilperson Porter. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke, and Mayor
Malone
Nays: None
Abstain: None
8. Open Public Hearing - Mayor Malone opened the Public Hearing at 6:57 PM.
Review by staff - Director of Planning Doug Kneupper presented summary and
recommendation regarding a request to rezone lots 1 - 10 and 21 - 30, blocks 717, 718,
and 719 town of La Porte from general commercial (GC) to light industrial (LI).
Note: The Planning and Zoning Commission voted unanimously in favor at its meeting
held on May 20, 1999.
Public input - There were no citizens wishing to address council.
Recommendation of staff - Based on the Planning and Zoning Commission's
recommendation, staff recommends rezoning as requested,
Close public hearing - Mayor Malone closed the Public Hearing at 7:05 PM.
9. Council considered approving an ordinance regarding a request to rezone lots 1 - 10 and
21 - 30, blocks 717, 718, and 719 town of La Porte from general commercial (GC) to
light industrial (LI).
Director of Planning Doug Kneupper presented summary and recommendation.
e
e
City Council Minutes - May 24, 1999 - Page 4
City Attorney read: ORDINANCE 1501-EE(99-2326) AN ORDINANCE AMENDING
ORDINANCE NO. 1501, MORE COMMONLY REFERRED TO AS THE ZONING
ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING CLASSIFICATION
OF THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED; MAKING
CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Engelken to approve the Ordinance as presented by
Mr. Kneupper. Second by Councilperson Clarke. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, Clarke, and Mayor Malone
Nays: None
Abstain: Griffiths
10. Council voted on items 10, 11, and 12 together.
Council considered approving an ordinance disannexing certain territory heretofore
annexed to the City of La Porte (Previously tabled at July 13, 1998 meeting)
Assistant City Manager John Joems presented summary and recommendation on items
10, 11, and 12.
City Attorney read: ORDINANCE 98-2257 - AN ORDINANCE DISANNEXING
CERTAIN TERRITORY HERETOFORE ANNEXED TO THE CITY OF LA PORTE,
PROVIDING A SAVINGS CLAUSE: FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
11. Council considered approving an ordinance designating certain land now in the corporate
limits of the City of La Porte, Texas, as an Industrial District to be known as "South
La Porte Industrial District (Previously tabled at July 13, 1998 meeting).
City Attorney read: ORDINANCE 98-2258 - AN ORDINANCE DESIGNATING
CERTAIN LAND NOW IN THE CORPORATE LIMITS OF THE CITY OF LA
PORTE, TEXAS, AS AN INDUSTRIAL DISTRICT TO BE KNOWN AS "SOUTH LA
PORTE INDUSTRIAL DISTRICT"; RESERVING AND PRESERVING ALL RIGHTS
POWERS AND DUTIES OTHERWISE REPOSING BY LAW IN THE CITY
COUNCIL OF THE CI1Y OF LA PORTE; PROVIDING A SAVINGS CLAUSE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING
AN EFFECTIVE DATE HEREOF.
12. Council considered approving an ordinance authorizing the execution by the City of La
Porte of an Industrial District Agreement with Bayshore Industrial, Inc., within the South
La Porte Industrial District (Previously tabled at July 13, 1998 meeting)
City Attorney read: ORDINANCE 98-2259) - AN ORDINANCE AUTHORIZING THE
EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT
AGREEMENT WITH BA YSHORE INDUSTRIAL, INC., WITHIN THE SOUTH
e
e
City Council Minutes - May 24, 1999 - Page 5
LA PORTE INDUSTRIAL DISTRICT FOR; THE TERM COMMENCING JANUARY
1, 1999, AND ENDING DECEMBER 31,2009,
Motion was made by Councilperson Sutherland to approve the Ordinance's as presented
by Mr. Joems. Second by Councilperson Clarke. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke, and Mayor
Malone
Nays: None
Abstain: None
13. Council considered approving an ordinance authorizing a contract with Metricom,
Assistant City Manager Jeff Litchfield presented summary and recommendation, Brian
Goldman with Metricom was available for questions.
City Attorney read: ORDINANCE 99-2327 - AN ORDINANCE APPROVING AND
AUTHORIZING A RIGHT-OF-WAY USE AGREEMENT BETWEEN THE CITY OF
LA PORTE AND METRIC OM, INC. TO LOCATE, PLACE, ATTACH, INSTALL,
OPERATE AND MAINTAIN RADIOS ON FACILITIES OWNED BY THE CITY, AS
WELL AS FACILITIES OWNED BY TlllRD PARTIES, LOCATED IN THE
MUNICIPAL RIGHT-OF-WAY AND AUTHORIZING THE CITY MANAGER TO
SIGN SAID RIGHT-OF-WAY USE AGREEMENT; 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 Sutherland to approve the Ordinance as presented by
Mr. Litchfield. Second by Councilperson Griffiths, The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Young, Clarke, and Mayor Malone
Nays: Gay and Porter
Abstain: None
14. Council considered approving an ordinance authorizing a contract between the City of
La Porte and Moore & Moore General Contractors for construction of the Little Cedar
Bayou Park Ballfield #4 lighting.
Director of Planning Doug Kneupper presented summary and recommendation and
answered questions for City Council.
City Attorney read: ORDINANCE 99-2329 AN ORDINANCE APPROVING AND
AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND
MOORE & MOORE GENERAL CONTRACTORS FOR CONSTRUCTION OF THE
LITTLE CEDAR BAYOU PARK BALLFIELD #4 LIGHTING; APPROPRIATING
$62,884.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
e
e
City Council Minutes - May 24,1999 - Page 6
Motion was made by Councilperson Gay to approve the Ordinance as presented by Mr.
Kneupper. Second by Councilperson Ebow. The motion carried unanimously,
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke, and Mayor
Malone
Nays: None
Abstain: None
15. Council considered approving an ordinance authorizing a contract between the City of
La Porte and Purtis Construction for construction of the citywide sidewalk replacement
project FY98-99.
Director of Planning Doug Kneupper presented summary and recommendation and
answered questions for City Council.
City Attorney read: ORDINANCE 99-2330 - AN ORDINANCE APPROVING AND
AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND PURTIS
CONSTRUCTION FOR CONSTRUCTION OF THE CITY-WIDE SIDEWALK
REPLACEMENT PROJECT FY98-99; APPROPRIATING $63,000.00 TO FUND SAID
CONTRACT; 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 Engelken to approve the Ordinance as presented by
Mr. Kneupper. Second by Councilperson Ebow. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke, and Mayor
Malone
Nays: None
Abstain: None
16. Council considered approving an ordinance authorizing a contract between the City of
La Porte and Galveston Bay Construction Company for construction of Seabreeze Park -
Final Phase, proposed pier and site improvements.
Director of Parks and Recreation Stephen Barr presented summary and recommendation
and answered questions for City Council concerning staff recommendations.
City Attorney read: (CLP PROJECT #99-5201) ORDINANCE 99-2331- AN
ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE
CITY OF LA PORTE AND GALVESTON BAY CONSTRUCTION COMPANY FOR
CONSTRUCTION OF SEABREEZE PARK - FINAL PHASE, PROPOSED PIER &
SITE IMPROVEMENTS (CLP PROJECT #99-5201); APPROPRIATING $191,587.62
TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Clarke to approve the Ordinance as presented by Mr.YBarr, Second by Councilperson Engelken, The motion carried unanimously.
e
e
City Council Minutes - May 24, 1999 - Page 7
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke, and Mayor
Malone
Nays: None
Abstain: None
17. CONSENT AGENDA
A. Consider awarding a bid for annual mowing contract - S. Kelley
B. Consider awarding a bid for fly ash stabilized calcium sulfate GS200S - S.
Gillett
C. Consider awarding a bid for garbage bags - S, Gillett
Councilperson Young made a motion to vote on all Consent Agenda items together and
approve items presented. Seconded by Councilperson Ebow. Motion carried
unanimously.
18. ADMINISTRATIVE REPORTS
City Manager Robert T. Herrera reminded Council of the following events:
A, EARLYVOTING-MAY 12, 1999 THROUGH MAY 25, 1999
B. DISTRICT 6 RUN-OFF ELECTION - SATURDAY, MAY 29,1999
C. CITY PICNIC - DATE CHANGED TO SEPTEMBER 11,1999 - WAVE POOL
D. CENSUS COMPLETE COUNT COMMmEE PROCESS
19. COUNCIL ACTION
Councilpersons Sutherland Engelken, Ebow, Porter, Gay, Young, Clarke, and Mayor
Malone brought items to Council's attention.
20. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN
MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084,
TEXAS GOVERNMENT CODE, - (CONSULTATION WITH ATTORNEY,
DELIBERATION REGARDING REAL PROPERTY, DELIBERATION
REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL
MATTERS, CONFERENCE WITH EMPLOYEES DELIBERATION
REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING
EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION)
A. 551.074 (PERSONNEL MATTER) DISCUSS APPOINTMENTS OF
BOARDS AND COMMISSIONS.
Council retired into Executive Session at 8:23 PM under Section 551.074 (Personnel
Matters)
e
e
City Council Minutes - May 24, 1999 - Page 8
Council adjourned Executive Session at 9:35 PM,
Council returned to the table at 9:38 PM, with no action taken.
21. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED
IN EXECUTIVE SESSION
No action taken.
22. ADJOURNMENT
There being no further business to come before Council, the Regular Meeting was duly
adjourned at 9:39 PM.
Respectfully submitted,
vfYt~~~
Martha Gillett
City Secretary
Passed and approved on this 1st day of June 1999.
)~/~~
Norman L. Malone, Mayor
;;.
-_".it'
.-;:..=.
e
. . - ..~
e
./
~
-",./
e
e
Note:
Council Agenda Items 5 & 6 Public Hearing and Creation of TIRZ will need to be handled a
little differently than discussed at the Council Workshop Meeting.
· After review of our documents and the proposed state law changes, we are recommending a change
in the process of creating the TIRZ (with the expanded boundaries). '
Mr. Hawes, on advice of an attorney familiar with TIRZ's and the proposed state law, suggests the
following to keep our public record very clean and open. In summary:
1. At the May 17th workshop, we discussed expanding the boundaries of the Zone at the Monday,
May 24th Council Meeting. Unfortunately, we will need to break this into two steps.
2. We will be able to add the LPISD property on Monday, May 24, 1999 because they will appear
and asked to be included. We can add the street connectors because they are not private
property. However, it is not suggested we add the other areas discussed until a 2nd Public
Hearing is held.
3. At the May 24, 1999 Public Hearing, Council can direct staff to prepare for an addition or
amendment to the TIRZ which was originally described in the Public Hearing Notice.
4. This will require a 2nd Public Hearing to occur at a later date. This 2nd hearing and notice will
include the other properties Council considered adding. This then satisfies notice of those
property owners in a more explicit manner.
5. The taxing entities will be notified again, prior to May 31 st, of the proposed additions which
will meet the test of the proposed legislation.
6. Because of this change in approach, we have a few blanks in the creation ordinance and the
exhibits that have to be re-done. This information will be completed and available at the
meeting.
e
e
* Direction Received by Staff at the City Council Workshop
of May 17, 1999.
Introduced as part of the Public Record to the May 24, 1999
Public Hearing on Creation of Tax Increment Reinvestment
Zone Number 1, City of La Porte, Texas
e
e
There are several TIRZ boundary issues or questions that City Council reviewed at the May 17th
Workshop. The TIRZ boundary that we began with (Exhibit "A" to Ordinance #2316) was essentially
the map under consideration last December minus the lower end of Little Cedar Bayou Park.. The
numbers on the attached exhibit labeled "Draft: For Discussion Only" correlate to the following points.
1. Councilman Gay at the March 1 Sth Council meeting mentioned the addition of San Jacinto
and West Main from Broadway to SH 146 to provide opportunity for future improvements
anticipated in our Comprehensive Plan and Bayfront Master Plan.
City Council: Recommends Addition
2. LPISD in our discussions has asked consideration for the TIRZ to be used as a funding
vehicle for a new elementary school campus. The property owned by LPISD is a 13.8 acre
tract at the southwest comer of Avenue D and Sens Road.
City Council: Recommends Addition
3. Since TIRZs must be contiguous West Main Street, Fairmont Parkway, proposed Bay Area
Boulevard, and Sens Road are shown here as connectors to the LPISD property. While two
routes are not required staff felt these provided reasonable options. As far as future eligible
projects, both routes could be used for:
. Roadway improvements
. Intersection improvements
. Signalization
. Landscaping
The Bay Area Boulevard route is also the proposed location for major water and sewer
lines. Of course. as with any other area shown projects mayor may not be approved by
Council and integrated in the final plan.
City Council: Recommends Addition
4. There is quite a bit of open space in this area that could develop and therefore contribute to
the "tax increment". I believe TXI was not interested in this area because it involves
multiple owners of smaller tracts and to my knowledge they were not pursing contracts for
purchase in this area. If Council is interested, this area could be added and the existing
businesses could be excepted (Blue Flash, Boncosky Trucking Terminal, etc.).
. Some but not all utilities are available to this area.
. Drainage will be a concern for development in this area.
. The zoning is G. C. and L.I.
. The approximate size is 2S acres.
City Council: Recommends Addition (excepting existing businesses)
S. SH 146 right-of-way: Council may want to add this just to make the inclusion of SH 146
uniform.
City Council: Recommends Deletion
6. The area just west of this tract is the Dutko-Cook property. Recently, Ed Dutko told me
that he is losing 70 acres (of his remaining 90 acres) to wetlands. He has stated that he
e
e
would like to re-configure his and Jim Clifton's apartment project to put a high density
residential project (35 + acres) surrounded by woods and dedicate the remaining 70 acres to
the City as a park or preserve. We are trying to confirm this wetlands issue with his
consultants. The effect of this 70 acre wetlands designation is the loss of projected R-I
development in the TIRZ. This area along McCabe Road could be added. It does have
some development obstacles mostly sewer capacity and drainage issues. The sewer
capacity would be helped by sewer improvements made to support the WeemslDutko/Cook
tract. The approximate acreage is 25.4 acres and the zoning is PUD with an underlying
land use ofR-l. Recall that R-I developments by themselves are not as attractive as
commercial/industrial developments. They have a greater impact on services such as
Police, Fire, Solid Waste, etc. However, this area could be considered as replacement of
some of the acreage possibly lost to Wetlands. This issue could be considered later on as an
amendment. We did, however, want to inform you of Mr. Dutko's conversation.
City Council: Recommends Addition (extending area 6 east to So. Broadway)
7. This is Forest View Mobile Home Park and was not originally considered because of the
high concentration of residents which could influence the type ofTIRZ (residential vs.
commercial). Just visual inspection of the size of the TIRZ as proposed indicates that the
area is less than 10%. However, there is probably no strong argument to include this area.
City Council: Recommends Addition
8. There is approximately 8.3 acres of vacant land that is adjacent to and wraps around the car
wash at Broadway and McCabe. This area has access to utilities, its one development
obstacle may be adequate drainage. As in area #4, TXI may not have considered this area
because they were not pursuing land purchase and did not receive different direction from
the City. The present zoning is R-3.
City Council: Recommends Addition
9. These two street rights-of-way, Park and Bayshore, previously connected to the north line
of Little Cedar Bayou Park which has since been removed. I recall the intent was to have
options for an improved pedestrian and vehicular route from the proposed hotel site to Little
Cedar Bayou Park, the fitness center and eventually the golf course. This linkage was a
recommendation in the Bayfront Master Plan. If Council wishes, we will look to re-
establish that link by guessing on an appropriate route. This too is also something that
could be considered later as an amendment.
City Council: Recommends No Changes At This Time
10. We recommend Council consider adding these locations as utility routes to the existing
trunk mains in the K Street right-of-way.
City Council: Recommends Addition
II. Blocks 1114 and 1118 have some title problems. In short, it appears that early developers
issued titles based on one plat or layout and another plat with a slightly different layout was
filed for record. The end result is owners with titles that do not match the recorded plat and
the possibility of more than one deed issued for the same piece of ground. The TIRZ
revenues could be used to secure the property, clean up the title and market the property.
City Council: Recommends Addition
Areas Added by the City Council:
e
e
12(a) Add areas west and north of the Sylvan Beach Park bounded by Grove, Park, No.
Circle Drive, and Bayshore Drive, plus Block 305; Town of La Porte bounded by
Park, Virginia, East I Street and San Jacinto.
12(b) Add Block 18 of the Sylvan Beach First Subdivision (the abandoned apartments)
plus Forest and Garfield from So. Broadway to Park Street.
12(c) Add Blocks 16 & 17 of the Sylvan Beach Fint Subdivision between South
Broadway, Park, Garfield, and North Cedar Avenue.
.e LJ
=00000 0 ~,.~,,",",BB
1'''2: ... II I 00000000 [JD[J--'~~ [J[J[J _ I II
"/=-<-00 :0000000 [][I [][][J:'= II I IIJ[IJ[
~ 1\ 0 t~~ r- rnrnOOD DO mOD ~~rlbL-~ \jQ I
~~~;~ rnrnrnD rn mDl ~~~ )~~\)\) N,T,S,
~ \,~ j ~DDD-r--DD DDD DDD~ ~ ~QQ
- II ~ E T MI\INllTtl! ll!n)~Q,\\)'0 a "\
II ....1 0 ~ c- LJLJLJL[Jd'l JLJO[]~ ~\)'nQQ D~:~
~VDDD=:~D_~DDDD I DDDD ~Q ~ G~~
[JD DO.DODD DO=J~~~ 1
~PJDODD ODD D~ ~ 1'\ aGa
~rnOlJrn DrnOOOD=~ a
DD[[][]J O[I][[][]O a
DDDDD~ ~ODB8BDD D
DBB8~ JDOD q~. ~
D I I U fA R ~n II
o
oD
;::::::.
^
IX
~~
w.
e
iJ
c(
~ Q)
In
e
~\
o
0..
o
a:
0..
I I
10) I
\;III
c
lAb.
:::-.....
,v
.~,
l'r=! r
I POTENTIAL CHANGES FOR
PROPOSED T.I.R.Z. NO.1
l
----~
~
~
~
"
DELETE
IL ,'J[J[J[. ~
=1 ~J. ~~.~
~ fr- III.;-~, '~I'
~
DRAFT: FOR DISCUSSIt}N ONLY
It
It
EXHIBIT" A"
1
TIRZ Boundary
STATE OF TEXAS
COUNTY OF HARRIS
A BOUNDS description of a reinvestment zone consisting of approximately 1120 acres of land situated in
the I. Hunter Survey, Abstract No. 35, W.P. Harris Survey, Abstract No. 30, Richard Pearsall Survey,
Abstract No. 625, and the George McKinstry Survey, Abstract No. 47; being more particularly described as
follows:
BEGINNING at the intersection of the south right-of-way line of McCabe Road with the east right-of-way
line of State Highway 146;
TIIENCE, in a westerly direction along the south right-of-way line of McCabe Road, and extending to the
west approximately 1400 feet to the west line of the Union Pacific Railroad;
TIIENCE, in a northerly direction along the west line of said railroad approximately 4750 feet to its
intersection with the extended south line of a 6.3192 acre tract of land conveyed to Don F. Ford recorded in
Clerk's File No. H379832 of the Harris County Official Public Records of Real Property;
TIIENCE, in an easterly direction across said railroad and along the extended south line of said 6.3192 acre
tract of land approximately 1020 feet to its intersection with the west right-of-way line of South 16th Street;
TIIENCE, in a northerly direction along the west right-of-way line of South 16th Street to its intersection
with the south right-of-way line of Fairmont Parkway;
TIIENCE, in a easterly direction along the south right-of-way line of Fainnont Parkway to the east right-of-
way line of South 16th Street;
TIIENCE, in a southerly direction along the east right-of-way line of South 16th Street to its intersection
with the said south line of the 6.3192 acre tract as extended easterly;
THENCE, in a easterly direction along the extended south line of the 6.3192 acre tract to its intersection
with the west right-of-way line of South 13th Street;
THENCE, in a northerly direction along the west right-of-way line of South 13th Street to its intersection
with the north right-of-way line of West "K" Street;
TIIENCE, in a easterly direction along the north right-of-way line of West "K" Street to its intersection
with the east right-of-way line of South 13lh Street; ,
TIIENCE, in a southerly direction along the east right-of-way line of South 13lh Street to its intersection
with the south line of the said 6.3192 acre tract as extended east;
THENCE, in an easterly direction along the extended south line of the said 6.3192 acre tract to its
intersection with the east right-of-way line of State Highway 146;
,
TIIENCE, in a northerly direction along the east right-of-way line of State Highway 146 to its intersection
with the north line ofa 19.17 acre tract recorded in Clerk's File No. L798941 of the Harris County Official
Records of Real Property;
THENCE, in an easterly direction along the north line of the said 19.17 acre tract to its intersection with the
west line of the City of La Porte's Little Cedar Bayou Park;
e
e
EXHIBIT "A"
2
11IENCE, in a northerly direction along the west line of Little Cedar Bayou Park extended north to its
intersection with the north right-of-way line of Little Cedar Bayou Drive (West "M" St);
11IENCE, in a easterly direction along the north right-of-way line of Little Cedar Bayou Drive to its
intersection with the west right-of-way line of South 6rh Street;
11IENCE, in a northerly direction along the west right-of-way line of South 6rh Street to its intersection
with the north right-of-way line of West "K" Street;
11IENCE, in an easterly direction along the north right-of-way line of West "K" Street to its intersection
with the east right-of-way line of South lit Street;
11IENCE, in a southerly direction along the east right-of-way line of South lit Street to its intersection with
the north right-of-way line of West "M" Street;
11IENCE, in an easterly direction along the north right-of-way line of West "M" Street to its intersection
with the west right-of-way line of South Broadway Street;
11IENCEJ in a northerly direction along the west right-of-way line of South Broadway Street to its
intersection with the south right-of-way line of Fairmont Parkway;
11IENCE, in a westerly direction along the south right-of-way line of Fairmont Parkway to its intersection
with the west right-of-way line of Bay Area Boulevard;
11IENCE, in a northerly direction along the west right-of-way line of Bay Area Boulevard to its
intersection with the south right-of-way line of West Main Street;
11IENCE, continuing in a northerly direction to the intersection of the north right-of-way line of West
Main Street and the west right-of-way line of Sens Road (North 26rh Street);
11IENCE, continuing in a northerly direction along the west right-of-way line of Sens Road to its
intersection with the southeast comer of a 13.2438 acre tract conveyed to La Porte Independent School
District recorded in Clerk's File No. S583257 of the Harris County Official Public Records of Real
Property;
!HENCE, in a westerly direction along the south boundaIy of said 13.2438 acre tract to its southwest
comer;
TIlENCE, in a northerly direction along the west boundaIy of said 13.2438 acre tract and extended to its
intersection with the north right-of-way line of North "on Street;
TIlENCE, in a easterly direction along the north right-of-way line of North "0" Street to its intersection
with the east right-of-way line of Sens Road;
TIlENCE, in a southerly direction along the east right-of-way line of Sens Road to its intersection with the
north right-of-way line of West Main Street;
11IENCE, in a easterly direction along the north right-of-way line of West Main Street to its intersection
with the east right-of-way line of San Jacinto Street as extended northerly;
11IENCE, in a southerly direction along the east right-of-way line of San Jacinto Street to its intersection
with the west right-of-way line of Bay shore Drive;
TIlENCE, in a northerly direction along the west right-of-way line of Bayshore Drive to its intersection
with the north boundaIy of Sylvan Beach Park as extended westerly;
e
e
EXHIBIT "A"
3
THENCE, in a easterly direction along the north boundary of Sylvan Beach Park to its intersection with
Galveston Bay;
THENCE, in a southerly direction meandering the shoreline of Galveston Bay to its intersection with the
south right-of-way line of Grove Avenue;
THENCE, in a westerly direction along the south right-of-way line of Grove Avenue to its intersection with
the east right-of-way line of Bay shore Drive;
THENCE, in a southerly direction along the east right-of-way line of Bay shore Drive to its intersection
with the south right-of-way line of Hazel Avenue;
THENCE, in a westerly direction along the south right-of-way line of Hazel Avenue to its intersection with
the west right-of-way line of Bay shore Drive;
THENCE, in a northerly direction along the west right-of-way line of Bay shore Drive to its intersection
with the west right-of-way line of San Jacinto Street;
THENCE, in a northerly direction with the west right-of-way line of San Jacinto Street to its intersection
with the east right-of-way line of Park Street;
THENCE, in a southerly direction along the east right-of-way line of Park Street to its intersection with the
north right-of-way line of Fainnont Parkway;
THENCE, in an easterly direction along the north right-of-way line of Fainnont Parkway to its intersection
with the west right-of-way line of Bay shore Drive;
THENCE, in a southerly direction along the west right-of-way line of Bay shore Drive to its intersection
with the south right-of-way line ofFainnont Parkway;
THENCE, in a westerly direction along the south right-of-way line of Fainnont Parkway to its intersection
with the east right-of-way line of Park Street;
THENCE, in a southerly direction wong the east right-of-way line of Park Street to its intersection with the
north right-of-way line of Cedar Avenue;
THENCE, in a westerly direction along the north right-of-way line of Cedar Avenue to the intersection
with the west right-of-way line of Park Street;
THENCE, in a northerly direction along the west right-of-way line of Park Street to its intersection with the
west right-of-way line of San Jacinto Street;
THENCE, in a northerly direction along the west right-of-way line of San Jacinto Street to its intersection
with the south right-of-way line of West Main Street extended;
THENCE, in a westerly direction along the south right-of-way line of West Main Street to its intersection
with the east right-of-way line of Bay Area Boulevard;
THENCE, in a southerly direction along the east right-of-way line of Bay Area Boulevard to its intersection
with the north right-of-way line of Fainnont Parkway;
THENCE, in an easterly direction along the north right-of-way line of Fainnont Parkway to its intersection
with the west right-of-way line of Park Street; ,
e
EXHIBIT" A"
e
4
THENCE, in a southerly direction along the west right-of-way line of Park Street to its intersection with the
south right-of-way line of Fairmont Parkway;
THENCE, in a westerly direction along the south right-of-way line of Fairmont Parkway to its intersection
with the east right-of-way line of South Broadway;
THENCE, in a southerly direction along the east right-of-way line of South Broadway to its intersection
with the south right-of-way line of McCabe Road extended east;
THENCE, in a westerly direction along the south right-of-way line of McCabe Road to its intersection with
the extended west boundary line of the abandoned Tidewood Section One subdivision as recorded in
Volume 66 Page 61 of Harris County Map Records;
THENCE, in a northerly direction along the extended west line of the said abandoned Tidewood Section
One subdivision to its intersection with the north right-of-way line of McCabe Road;
THENCE, in an easterly direction along the north right-of-way line of McCabe Road to its intersection with
the west right-of-way line of South Broadway;
THENCE, in a northerly direction along the west right-of-way line of South Broadway to its intersection
with the south right-of-way line of West "Y" Street (abandoned);
THENCE, in a westerly direction along the south right-of-way line of West "Y" Street to the northwest
comer of the said abandoned Tidewood Section One subdivision;
THENCE, in a southerly direction along the west line of the said abandoned Tidewood Section One
Subdivision and as it is extended south to its intersection with the south right-of-way line of McCabe Road;
THENCE, in a westerly direction along the south right-of-way line of McCabe Road to its intersection with
the center line of West Taylor Bayou;
THENCE, in a southerly direction along the meandering centerline of West Taylor Bayou to its intersection
with the south city limit line of La Porte, Texas;
THENCE, in a westerly direction along the southern La Porte city limit line to its intersection with the east
right-of-way line of State Highway 146;
THENCE, in a northerly direction along the east right-of-way line of State Highway 146 to the point of
beginning.
NnOT~1 .}- L-J
~DDDDD D <Y' ~ ,ro,.BB
~ 0 II I 00000000 [] D[] -- =~ [][][] =~ J I bJ ~ J
~IUlOOOO, DDDDDDO [][J[ [I][]_ I lrJ[][][
o m --rn[[]rnO DO moo ~~~lb~~ '~Q
~ ~~~;;. _ L-rnrnrno rn [UO l ~~~ )\)\\G N,T,S,
~ 0= =000===00 000 'OOO~ ~ UVQ
v E ~~IMl<UriilfT1lli HTl )~Q uG Q~ ~~
' II UUUUUU UULJL1JULJLJLJ~\)\)\6QQ ~~
Ug 0000000 ~oooBaaoooR~DQ a\4,,~
; I BBBBBBB~BBBBBBBB~ J~~~)(0\j(~\ ~ ~
~ [[][]]OOOO ODD ,0-- '\('" ~\\v K~~"
~ Fnrnoorn O[]J[]]Oo:: \v;~\'0a
~ . I ~oorn[]] ornrnrn-- ~ ~
~ . BoooB~ ~BBBBB88 .;
I I -I I I nl I u ~A~Ri~ON J kVlrr1 ~
- blLr:::[J UULI ULJ
. D[~8E~ DO[ .tt)
I
,..\
IX:
!r:=r:=s:
=~
~
--
I Ii!'
_<:1"
I
,
~
~
Fc;-~,
...
McCABE RD. ~;u ,1l, ,1':..
~
~' '/ ri1 \~~
.( g- T ~ 'l i\'
-,// ( ;II l=r l'-
EXHIBIT "B"
e
e
Exhibit "A"
and
Exhibit "B"
are being developed to reflect the TIRZ boundaries that
can be considered Monday night which is the original
Exhibit "A" , the LPISD property and the street
connectorso
.. II I
~DDDDD 0 ... ~ ,...bjB
I I~ 0 II I 00000000 []D[J--~: [][][] == I I ==1 ~ J
IU) DODD OOrnrnD [][][ [I][] __ I II J[][J[/
- 0 t~~ - -rnrnrnD DO moo ~ ~~lbL-~~ . \jQ
: \v~~I~;::= _rnrnrnD rn IIJD l ~~.~ )~~~\) N.T.S.
DC- ,II ODD DO ODD DDD~ ~ ~Qv \
II 'J E T M~rlisT1!l! rl!1!1)~Q ~\) Q ~ \
II I U LJLJLJLJLJLJLJLJLJ~\)~~cQ :~~~
cO! I ~~BB8D:888B88B8~B~PQ rp ~ >
~ fij8:Jm8Bui8B8B88HJ~ '\:~ b%CQ ~
~ ,Tl[]]oorn DDOrnOD~ ~ ~~:'\cwa J
~ ~bD[]][]J Drn[]][]D~ ~ ra ~
~ DDDDD~ DDDB88TDD
~ 0 0 nDDD DO ~ J
I I -I I I nl u ~AllRr ON ~
- II II LJULI U J ~
J[ OE.-D DD[ W) ~
I =e:'f
I";
IX
CI==Sl
==
~l
1'r::7 r
I
; ~
~
~
=\
~I
bC-"-"',
..
McCABE RD. ~I,l! ,ll. '~..
~
. / fii .~~
~II(T . ,.1 .~ ,,"
---l
. EXHIBIT "B"
"
e
e
REOUESTIR CITY COUNCn.. AGENDA ITE'-
_ Report _ Resol
Department: Administration
Agenda Date Requested:
Requested By: John Joe
X Ordinance
Exhibits: ~
1. Ordinance No. q '1-JJ~Wd Exhibit "A"
SUMMARY & RECOMMENDATION
Ordinance No.ttG)-)3J<"6 adopts Tax Increment Reinvestment Zone Guidelines for La Porte which are attached
as Exhibit "A" to the ordinance.
These guidelines were initially drafted by our consultant, David Hawes, of Hawes, Hill and Patterson Consulting,
and reviewed and modified by the City Council TIRZ Subcommittee.
The guidelines were presented to full City Council on Monday, May 17, 1999. No additional input or direction
was received.
Staff recommends City Council approve Ordinance No.9i-J3J.'l adopting Tax Increment Reinvestment Zone
Guidelines.
Action Required by Councill:
Approve Ordinance No.qq~J3J.~ adopting Tax Increment Reinvestment Zone Guidelines for the City of La Porte.
Availability of Funds: N/A
General Fund WaterlWastewater
_ Capital Improvement_ General Revenue Sharing
Other
Account Number:
Funds Available: YES NO
Ann roved for City Council Ae:enda
GJ.,S 'L-~~
Robert T. Herrera Date
City Manager
e
e
City of La Porte, Texas, Ordinance No. 99 - 2325
AN ORDINANCE DESIGNATING A CONTIGUOUS GEOGRAPmC
AREA WITHIN CITY OF LA PORTE AS REINVESTMENT ZONE
NUMBER ONE, CITY OF LA PORTE, TEXAS, FOR TAX INCREMENT
FINANCING PURPOSES PURSUANT TO CHAPTER 311 OF THE TEXAS
TAX CODE; CREATING A BOARD OF DIRECTORS FOR SUCH ZONE;
CONTAINING FINDINGS AND PROVISIONS RELATED TO THE
FOREGOING SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
*******
WHEREAS, pursuant to Chapter 311 of the Texas Tax Code, the City may designate a
contiguous geographic area within the City as a reinvestment zone if the area satisfies the
requirements of certain sections of Chapter 311 of the Texas Tax Code; and
WHEREAS, the City has prepared a preliminary reinvestment zone financing plan, which
provides that City of La Porte City ad valorem taxes are to be deposited into the tax increment fund,
and that taxes of other taxing units may be utilized in the financing of the proposed zone; and
WHEREAS, the City provided written notice of the public hearing on the creation of the
proposed zone, complying with the requirements of Chapter 311, Texas Tax Code, to the governing
body of all taxing units levying taxes on property in the proposed zone; and
WHEREAS, a notice of the May 24, 1999, public hearing on the creation of the proposed
zone was published on May 16, 1999, in the Bayshore Sun, a newspaper of general circulation in the
City; and
WHEREAS, at the public hearing on May 24, 1999, interested persons were allowed to
speak for or against the creation of the proposed zone, its boundaries, or the concept of tax increment
C:\MY DOCUMBNTS\TIRZ\PROPOSED TIRZ CREATION ORD (5-1"!l9).DOC
e
e
financing; and owners of property in the proposed zone were given a reasonable opportunity to
protest the inclusion of their property in the proposed zone; and
WHEREAS, evidence was received and presented at the public hearing in favor of the
creation of the proposed zone under the provisions of Chapter 311, Texas Tax Code, and no
significant evidence in opposition to the creation of the proposed zone was presented; and
WHEREAS, no owner of real property in the proposed zone protested the inclusion of their
property in the proposed zone; and
WHEREAS, the City has provided all information, and made all presentations, given all
notices and done all other things required by Chapter 311, Texas Tax Code, or other law as a
condition to the creation of the proposed zone; and
WHEREAS, the total appraised value of taxable real property in the proposed zone and all
other reinvestment zones previously created by the City 'is approximately $ 6,250,000; and
WHEREAS, the total appraised value of taxable real property taxable by Harris County, in
which the proposed zone is located, is approximately $ 6,250,000; and
WHEREAS, the total appraised value of real property taxable by the La Porte Independent
School District, in which the proposed zone is located, is approximately $ 6,250,000; and
WHEREAS, the total area within the proposed zone is approximately 1,120 acres;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
C:\MY DOCUMENTS\'I1RZ'PR.OPOSED TIRZ CRBAl10N ORD (S-I8-!l9).DOC
-2-
e
Section 1.
Findine:s.
e
(a) That the facts and recitations contained in the preamble of this Ordinance are hereby
found and declared to be true and correct and are adopted as part of this Ordinance for all purposes.
(b) That the City Council further finds and declares that the proposed improvements in
the zone will significantly enhance the value of all the taxable real property in the proposed zone and
will be of general benefit to the City.
( c) That the City Council further finds and declares that the proposed zone meets the
criteria and requirements of Section 311.005 of the Texas :rax Code because the proposed zone
contains substantial areas that are predominantly open and underdeveloped, and lack public water
distribution, wastewater collection and storm drainage facilities, and have defective or unusual
conditions of title, and .exhibit deterioration of site or other improvements, which conditions
substantially impair and arrest the sound growth of the City.
(d) That the City Council, pursuant to the requirements of Chapter 311, Texas Tax Code,
further finds and declares:
(1) That the proposed zone is a contiguous geographic area located wholly within the
corporate limits of the City of La Porte;
(2) That the total appraised value of taxable real property in the proposed zone, and in
the City's existing reinvestment zones, does not exceed fifteen percent o( the total
appraised value of taxable real property in the City and in the industrial districts
created by the City;
C:\MYDOCtlMENTS\TIRZ\Pll.OPOSED TIRZ CREATION OllD (S-18-99).DOC
-3-
e
e
(3) That the proposed zone does not contain more than fifteen percent of the total
appraised value of real property taxable by Harris County, the La Porte Independent
School District; and
(4) That the development or redevelopment of the property in the proposed zone will not
occur solely through private investment in the reasonably foreseeable future.
Section 2. Desie:nation of the Zone
That the City, acting under the provisions of Chapter 311, Texas Tax Code, including Section
311.005(a), does hereby designate as a reinvestment zone, and create and designate a reinvestment
zone over, the area described in Exhibit "A" and depicted in the map attached hereto as Exhibit "Bn
to promote the redevelopment of the area. The reinvestment zone shall hereafter be named for
identification as Reinvestment Zone Number One, City of La Porte, Texas, (the "Zone"). The City
Council specifically declares that the Zone is designated pursuant to Section 311.005(a)(1) of the
Texas Tax Code.
Section 3. Board of Directors
That there is hereby created a Board of Directors for the Zone, which shall consist of nine (9)
members. Positions One through Six on the Board of Directors shall be reserved for the City.
Positions Seven, Eight and Nine shall be reserved for other taxing units levying taxes within the Zone,
each of whom may appoint one director. Any taxing unit that appoints a director shall be assigned
a Board position number in the order the City receives the appointment. Failure of a taxing unit to
appoint a director by January I, 2000, shall be deemed a waiver of the right to appoint a director, and
the City shall be entitled to appoint persons to these positions.
C:\MY DOCUMBNTSITlRZ\PROPOSBD TIRZ CRllATION OiD (S-18-!I9).DOC
-4-
e
e
The City Council is hereby authorized to inunediately nominate and appoint the directors to
Positions One through Five of the Board of Directors, and is further authorized to appoint City's
Position Six at any time they deem necessary. City Council may nominate and appoint the directors
to any position unfilled on January 1,2000.
The directors appointed to odd-numbered positions shall be appointed for two year tenns,
beginning on the effective date of this Ordinance, while the directors appointed to even-numbered
positions shall be appointed to a one year tenD, beginning on the effective date of this Ordinance. All
subsequent appointments shall be for two-year tenns. The member of the Board of Directors
appointed to Position Three is hereby designated to serve as the chair of the Board of Directors for
a one-year tenn beginning on the effective date of this Ordinance. Thereafter the Mayor shall
annually nominate and appoint, subject to City Council approval, a member to serve as chair for a
tenn of one year beginning on the anniversary of the effective date of this Ordinance. The City
Council authorizes the Board of Directors to elect from its members a vice-chainnan and such other
officers as the Board of Directors sees fit.
The Board of Directors shall make recommendations to the City Council concerning the
administration of the Zone. The Board of Directors shall prepare or cause to be prepared and adopt
a project plan and a reinvestment zone financing plan for the Zone as described in Section 311.011,
Texas Tax Code, and shall submit such plans to the City Council for its approval. The City hereby
delegates to the Board of Directors all powers necessary to prepare and implement the project plan
and reinvestment zone financing plan, subject to approval by the City Council, including the power
to employ any consultants or enter into any reimbursement agreements payable solely from the Tax
C:\MY DOCUMENTS\TIR2.\Pi.OPOSBD 'IIRZ CRBAlION ORC (S-I8-99).DOC
-5-
e
e
Increment Fund established pursuant to Section 7 of this Ordinance, subject to the approval of the
Finance Director, that may be reasonably necessaIy or convenient to assist the Board of Directors in
the preparation of the project plan and reinvestment zone financing plan and in the issuance of tax
increment obligations.
Section 4. Duration of the Zone
That the Zone shall take effect on JanuaIy 1, 2000, for the deposit of tax increments into the
Tax Increment Fund established pursuant to Section 6 of this Ordinance, and termination of the
operation of the Zone shall occur on December 31, 2029, or at an earlier time designated by
subsequent ordinance, or at such time, subsequent to the issuance of tax increment bonds, ifany, that
all project costs, tax increment bonds, notes and other obligations of the Zone, and the interest
thereon, have been paid in full.
Section s. Tax Increment Base
That the Tax Increment Base of the City or any other taxing unit participating in the Zone for
the Zone is the total appraised value of all real property taxable by the City or other taxing unit
participating in the Zone and located in the Zone, determined as of January 1, 1999, the year in which
the Zone was designated as a reinvestment zone (the "Tax Increment Base").
Section 6. Tax Increment Fund
That there is hereby created and established a Tax Increment Fund for the Zone which may
be divided into subaccounts as authorized by subsequent ordinances. All Tax Increments, as defined
hereafter, shall be deposited in the Tax Increment Fund. The Tax Increment Fund and any
subaccount shall be maintained at the depository bank of the City and shall be secured in the manner
C:\MY DOCtJMENTS\TIRZ\PROPOSED TIRZ CRBAnON ORD (5-1 B-!l9).DOC
-6-
e
e
prescnbed by law for funds of Texas cities. The annual Tax Increment shall equal the property taxes
levied by the City and any other taxing unit participating in the Zone for that year on the captured
appraised value, as defined by Chapter 311 of the Texas Tax Code, of real property located in Zone
that is taxable by the City or any other taxing unit participating in the Zone, less any amounts that are
to be allocated from the Tax Increment pursuant to Chapter 311 of the Texas Tax Code. All
revenues from the sale of any tax increment bonds, notes or other obligations hereafter issued for the
benefit of the Zone by the City, ifany; revenues from the sale of property acquired as part of the
project plan and reinvestment zone financing plan, ifany; and other revenues to be used in the Zone
shall be deposited into the Tax Increment Fund. Prior to the termination of the Zone, money shall
be disbursed from the Tax Increment Fund only to pay project costs, as defined by the Texas Tax
Code, for the Zone, to satisfy the claims of holders of tax increments bonds or notes issued for the
Zone, or to pay obligations incurred pursuant to agreements entered into to implement the project
plan and reinvestment zone financing plan and achieve their purpose pursuant to Section 311.010(b)
of the Texas Tax Code.
Section 7.
Severabilitv
If any provision, section, subsection, sentence, clause or phrase of this Ordinance, or the
application of same to any person to set circwnstances, is for any reason held to be unconstitutional,
void or invalid, the validity of the remaining provisions of this Ordinance or their application to other
persons or set of circumstances shall not be affected thereby, it being the intent of the City Council
in adopting this Ordinance that no portion hereof or regulations connected herein shall become
C:\MY DOCUMENTS\TIRZ\PROPOSED TIRZ CREATION ORD (5-18-99).DOC
-7-
e
e
inoperative or fail by reason of any unconstitutionality, voidness or invalidity of any portion hereof,
and all provisions of this Ordinance are declared severable for that purpose.
Section 8. Ooen Meetine:s
It is hereby found, determined and declared that a sufficient written notice of the date, hour,
place and subject of the meeting of the City Council at which this Ordinance was adopted was posted
at a place convenient and readily accessible at all times to the general public at the City Hall of the
City for the Time required by law preceding its meeting, as required by the Open Meetings Law,
Texas Government Code, Ch. 551, 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 hereof 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 9. Notices
The contents of the notice of the public hearing, which hearing was held before the City
Council on May 24, 1999, and the publication of said notice, are hereby ratified, approved and
confirmed.
Section 10. This Ordinance shall be effective from and after its passage and approval, and
it is so ordered.
C:\MY DOCUMENI'SITlRZ\PR.OPOSED TIRZ CREATION ORD (S-18-!j9).OOC
-8-
e e
PASSED AND APPROVED this aLfi'1--- day of fV\A-Y , 1999.
!:bt~4-
Mayor
Martlia A Gillett
City Secretary
C:\MY DOCUMBNTSITlRZ.\PR.OPOSED 11RZ CRBAnON ORD (5-1ll-99).DOC
-9-
e
ORDINANCE NO. 99 - 2 .3 2 8
AN ORDINANCE ADOPTING TAX INCREMENT REINVESTMENT ZONE GUIDELINES
FOR THE CITY OF LA PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
.
...
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
The City Council of the City of La Porte hereby adopts Tax Increment
Reinvestment Zone Guidelines, in form attached to this ordinance as Exhibit "A", incorporated by
reference herein, and made part hereof for all purposes.
Section 2.
The City Council officially fmds, determines, recites, and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the City for the time required by law
preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required by law at all times during which
this ordinance and the subject matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confIrmS such written notice and the contents
and posting thereof.
Section 3.
This Ordinance shall be effective from and after its passage and approval, and
it is so ordered.
PASSED AND APPROVED, this
~l{YJ....day Of~, 1999.
By~~~~
ATTEST:
M A. Gillett
City Secretary //
QZ; d
a~~
Knox W. Askins
City Attorney
.
e
EXHIBIT "A"
CITY OF LA PORTE, TEXAS
TAX INCREMENT REINVESTMENT ZONE GUIDELINES
A. Purpose of Guidelines
The purpose of these guidelines is to establish the policy of the City of La Porte
as it relates to the power granted by Chapter 311 of the Texas Property Tax
Code (Tax Code) and Article b, Section 1-g of the Texas Constitution (together
cited as the Tax Increment Financing Act) to finance the development and
redevelopment of unproductive, underdeveloped or blighted areas within the City.
State law allows a municipality to designate an area as a Tax Increment
Reinvestment Zone (Zone) to promote development or redevelopment of the
area, if the City Council determines that development or redevelopment would
not occur solely through private investment in the reasonably foreseeable future.
There are two different methods of creating a Zone. One is City initiated and the
other is initiated by the property owners. The second method has its beginning
when a petition is submitted to the City. While a large portion of the law applies
to both types, there are enough differences in creating the Zones that the two
types will be discussed separately, beginning with the Zone created by petition.
1. Creation of Zone by Petition
The owners of property constituting at least fifty (50%) percent of the
appraised value of the property in an area, may petition the City for the
creation of a Zone. Such petition is legally required for creation of a Zone
if the Zone contains more than ten (10%) percent residential property
based on existing use (referred to as a Residential Zone, if less than 10%,
it is referred to as a Commercial Zone).
a. In considering a petition for creation of a Zone, Council will take into
consideration the factors applicable to a City created Zone, which
are described in Section A 2 a. Additional considerations are as
follows:
1. a decrease in the aggregate property value of at least twenty
(20%) percent over the most recent ten (10) years;
2. a substantial absence, deterioration or substandard
condition in the City's infrastructure, streets, water and waste
water lines, and storm drainage; and
3. A statement certifying that "except for" the creation of the
Zone, the reinvestment would not occur.
1
Revised 5/12/99
e
e
b. The area within the Zone must be contiguous and be not less than
twenty (20) acres.
c. Documentation required with Petition
Submission of a petition under 311.005(a)(5) of the Tax Code to
create a Zone for the purpose of tax increment financing must be
accompanied by a Preliminary Financing Plan. Both the petition
and Preliminary Financing Plan must be finalized and submitted to
the City on or before September 1,in order for a Zone to be created
and to take effect the following tax year. The plan must include:
1. a description of the proposed boundaries of the proposed
zone, including both a map (showing existing uses and
conditions of real property in the Zone) and a legal
description;
2. tentative plans and schedules for the development or
redevelopment of the Zone, including conceptual drawings
or descriptions of the public improvements proposed to be
financed by the Zone, including a preliminary estimate of the
total costs of the improvements;
3. an estimate of the general impact on the proposed Zone on
property values and the tax revenues of the City and the
other governmental entities levying ad. valorem taxes
throughout the life of the proposed Zone;
4. a schedule indicating total appraised values for the proposed
Zone for the previous ten years (if available);
5. evidence that all tax arrearages and public liens on property
owned or controlled by the petitioner has been satisfied; and
6. a statement certifying that "except for" the creation of the
Zone, it would not be properly developed.
2. Creation of Zone by City
An area may be designated as a Zone by the City Council, if it meets the
conditions listed below:
a. The area is determined to substantially arrest or impair the sound
growth of the City because of the presence of:
1. substantial number of substandard, slum, deteriorated, or
deteriorating structures;
2
Revised 5/12/99
e e
2. the predominance of defective or inadequate sidewalk or
street layout;
3. faulty lot layout in relation to size. adequacy, accessibility, or
usefulness;
4. unsanitary or unsafe conditions;
5. the deterioration of site or other improvements;
6. tax or special assessment delinquencies which exceed the
fair market value of the land;
7. evidence of chronic abandonment or demolition of
commercial or residential structures;
8. defective or unusual conditions of title;
9. conditions that endanger life or property by fire or other
cause; or that
10. the area of the proposed Zone is predominately open and
because of obsolete platting, deterioration of structures or
site improvements or other factors substantially impair or
arrest the sound growth in the City.
b. The area within the Zone must be contiguous and be not less than
twenty (20) acres.
c. The area within the Zone currently contains ten percent (10%) or
less residential use.
The remainder of the guidelines apply to the Zone, regardless of whether it was
created by petition or initiated by the City.
B. Redevelopment Activities
Redevelopment Activities for the Zone must:
1. be in accordance with redevelopment and land use plans approved by the
Planning and Zoning Commission, and consistent with the City's
Comprehensive Plan; and
2. be reasonably likely to increase the aggregate taxable value of property
within the Zone by at least twenty (20%) percent during the life of the
Zone; and
3
Revised 5/12/99
e
e
3. provide adequate infrastructure improvements to serve the Zone, including
but not limited to streets, water and waste water facilities, and drainage
structures, designed and constructed according to City standards; and
4. provide relocation assistance for low/moderate persons resident in the
Zone who may be displaced by the implementation of the project plan (as
defined by 311.002(2) of the Tax Code), and as such persons are defined
by the U.S. Department of Housing and Urban Development.
C. Procedures for Creating a Reinvestment Zone
1. Before adopting an ordinance providing for a Reinvestment Zone, these
actions must occur, in the following sequence:
a. City Council must schedule a public hearing to allow public
comment on the proposed Zone. Notice of this hearing must be
published in a newspaper having general circulation in the City at
least seven (7) days p~ior to the hearing.
b. At least sixty (60) days before the scheduled public hearing, City
Council must notify in writing the other taxing jurisdictions that levy
real property taxes in the Zone that it intends on establishing a
Zone. This notice must contain:
1. a description of the proposed boundaries of the Zone;
2. tentative plans for development or redevelopment of the zone;
3. an estimate of the general impact of the proposed Zone on
property values and tax revenues.
c. A Preliminary Financing Plan must be prepared and sent to the
other affected taxing jurisdictions.
D. Powers of the Zone
1. The City's current Land Use Regulations and Zoning Ordinance shall
apply to all development within the Zone.
2. However, the City may authorize by ordinance the enforcement of
additional land use controls authorized by statute subject to the following:
a. Subject to the approval of the City Council, the board of the Zone
may adopt additional powers granted by the provisions of state law
found in Chapter 211, Local Government Code necessary to
implement the Zone Project Plan and Reinvestment Zone
Financing Plan.
4
Revised 5/12/99
e
e
b. Any additional land use component shall include a description of
the proposed land use regulations, a description of the economic
and financial need for each land use regulation and a description of
the effect of the comprehensive plan on the economic integrity of
the Zone Project Plan and Reinvestment Zone Financing Plan. The
land use component shall be reviewed annually by the Zone's
board to ensure that both the public and private investment in the
Zone are protected, and if additional restrictions are required, may
approve amendments and changes for City Council review and
approval.
c. The Land Use Plan may impose maximum height, minimum square
footage on new construction, maximum lot coverage and other
restrictions to provide for sufficient private investment in the Zone's
development or redevelopment to support Zone bonds, notes or
obligations.
d. Any additional land use controls shall be operative for at least the
life of the Zone, and the Board may, with City Council approval,
provide that a restriction adopted by the Board continues in effect
after the termination of the Zone. If the land use controls continue
after the termination of the Zone, such restrictions shall be treated
as if adopted by the City i~ the first instance.
e. The Board shall contract with the City for the purpose of
enforcement of any additional land use controls authorized for use
in the Zone.
f. Essentially, the City's Zoning Ordinance establishes the process for
identifying and terminating nonconforming uses.
Lawful nonconforming uses in Zones may be terminated as follows:
1. when the use ceases or is abandoned; or
2. when the primary structure has been demolished or when
rehabilitation in excess of 50% of the assessed value of the
improvement at the time of Zone creation is completed; or
3. when a sufficient period of time has elapsed to allow the
recovery of the owner or owners investment in the
nonconforming use or uses
g. Nonconforming business uses may not be altered or expanded in
any residential area in the Zone (e.g. no additional new employees,
outside storage or parking may be created).
5
Revised 5/12/99
e
e
3. Under current Texas law, the City cannot delegate or extend to the Board
its power of eminent domain. If the applicable state law is amended to
permit the delegation of extension of such power, the policy of the City is
not to authorize the delegation or extension of its power to the Board.
In addition, the City will utilize its power of eminent domain within the Zone
only if the City Council finds that a public purpose will be served by such
an exercise of the City's power.
If the Board proposes to condemn property for purposes related to
redevelopment or urban renewal, the City will not exercise its power of
eminent domain unless the City Council additionally finds that the property
or the area immediately surrounding that property contains a substantial
number of substandard, slum, deteriorated, or deteriorating structures.
Provided, however, that in no event will the City condemn a residential
homestead for purposes of redevelopment or urban renewal unless City
Council finds that the property proposed to be condemned is, in fact, in a
substandard or blighted condition.
4. The City will hold a public hearing prior to the approval of a Land Use Plan
for the Zone in accordance with the City's Zoning Ordinance. The City will
provide notice to all property owners within the Zone by certified mail,
return receipt requested not less than fifteen (15) days prior to the hearing.
5. The City Council by ordinance may authorize the Board to provide for the
management and administration of a public improvement district created
within the Zone, as provided in such district's service plan required by law.
6. The City will not consider the creation of Municipal Utility Districts within
the Zone.
E. Eligible Project Costs
1. In conformance with 311.002 of the Tax Code, the City shall consider the
"except for" requirements required for the creation of the Zone and make a
determination on a case by case basis of the project costs necessary to
implement the Project Plan and Reinvestment Zone Financing Plan. In
general, the City may consider the following project costs as eligible, but is
neither obligated nor limited to the following:
a. Off-site utilities required to bring utilities to the Zone (e.g. water,
waste water, road and drainage facilities, street lighting and traffic
lights);
b. Upgrade existing infrastructure to provide additional capacity for
future development of properties within the Zone (e.g. lift stations,
6
Revised 5/12/99
e
e
water and waste water improvements, turning lanes/intersection
improvements, waste water treatment plant enhancements); .
c. Land purchase for public facilities and construction of projects that
serve the general public such as overpasses, interchanges
roadway beautification, convention centers, amphitheaters,
marinas, park improvements, etc.
d. Oversizing of infrastructure within the Zone, including water, waste
water, streets (arterial or greater), drainage (major channels and
detention basins) and street lighting.
e. Specialty items such as signage, streetscape/landscape
improvements and including the construction of sound barriers,
buffering landscape between residential and nonresidential uses,
and common recreation areas shall be considered on a case by
case basis.
f. In general, the City will not consider as eligible costs the public
infrastructure or land acquisition costs for individual developments
within the TIRZ boundaries that serve only that development.
g. Exceptions to the policy on eligible costs will be considered on a
case by case basis.
2. The City may retain funds as provide in Chapter 311.002 of the Tax Code
to be reimbursed for the following:
a. administrative costs attributed to others, plus reasonable charges
for the time spent by employees of the City in connection with the
implementation of the Project Plan and Reinvestment Zone
Financing Plan;
b. the amount of any contribution made by the City from general
revenue for the implementation of the project plan; and
c. payments made at the discretion of the governing body of the City
that the City finds necessary or convenient to the creation of the
Zone or to the implementation of the Project Plan and
Reinvestment Zone Financing Plan.
F. Board of Directors
The Composition of the Board of Directors is determined by the Tax Increment
Financing Act.
For a Commercial Zone (less than 10% of the Zone is currently residential use),
the Board of Directors consist of at least five (5) and no more than fifteen (15)
7
Revised 5/12/99
e
e
members. Each taxing unit that levies real property taxes in the Zone may
appoint one member of the Board. City Council determines the total size of the
Board and appoints the remaining members, not to exceed a total of fifteen (15)
members. To be eligible for appointment, individuals will be a qualified voter in
the City or be at least eighteen (18) years of age and own real property in the
Zone.
For a Residential Zone(more than 10% of the Zone is currently residential use),
the Board of Directors consists of nine (9) members. Each participating school
district or county may appoint one (1) member. The State Senator and the State
Representative in whose districts the Zone is located are members of the Board.
Each may designate another person to serve in his/her place. The remaining
members are appointed by City Council. To be eligible for appointment, an
individual must be eighteen (18) years of age or own real property in the Zone or
be an agent of a person who owns real property in the Zone.
Board members serve two (2) year terms. The chairman is appointed by City
Council to serve a term of one (1) calendar year.
G. Project Plan and Reinvestment Zone Financing Plan
The Zone Board of Directors shall submit a proposed Project Plan and
Reinvestment Zone Financing Plan for the approval of City Council. The Plans
must be prepared in accordance with 311.011 of the Tax Code.
H. Use of Funds
1. The tax increment or the proceeds of bonds, notes or obligations issued
for any project or projects secured by the tax increment may be used for
any purpose authorized in the Project Plan and Reinvestment Zone
Financing Plan.
2. Proceeds shall be used for project facilities and improvements which are
approved by the City and which have an estimated average useful life at
least equal to the life of the Zone or notes financing such improvements, if
any.
3. The funds of the Zone shall be budgeted, expended and audited in the
same general manner as City bond and tax funds with such changes
required by the provisions of state law. The costs of such City financial
controls shall be included in the costs of administration of the Zone. The
Zone budget must be submitted annually to the City Finance Department
for approval. A copy of the Zone's Annual Audit must be forwarded to the
City Secretary after Board approval.
8
Revised 5/12/99
e e
e e
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: May 24, 1999
Requested By: Doug KneuppeIC
Report solution
Department: Planning
X Ordinance
Exhibits:
1. Ordinance
2. Affidavits
3. Public Notice Response
4. Area Map
Summary & Recommendation
The Planning & Zoning Commission, during its April 15, 1999, meeting held a public hearing to receive
citizen comments regarding Rezone Request #R98-002. The joint request, submitted by Mr. James
Cartwright, Mr. Humphrey, and Mr. Pfeiffer, seeks to rezone lots 1-10, and lots 21-30 of Blocks 717, 718,
and 719 Town of La Porte, Harris County, Texas. The property is located in the 1400, 1500, and 1600
Blocks of Polk Street. The applicants are seeking a zone change from General Commercial (GC) to Light
Industrial (LI). The purpose of rezoning is to allow construction of a machine shop and storage building
for the expansion of an existing business.
Staff has reviewed the applicant's request and found it to be reasonable. The requested change conforms
to the present zoning and uses of nearby properties. The current land use and development pattern also
conforms to the .proposed use. The tracts in question are bounded by Light Industrial to the north, and
Business Industrial to the west. The Little Cedar Bayou on the east would be buffering the intended
change to the general commercial.
The land between West Main and Polk on the South and 16111 Street east to the Bayou has been zoned
general commercial due to the Main Street frontage. The development within the subject tracts should not
negatively impact the surrounding properties and should not harm the value of the nearby properties. The
overall impact on the public services will be minimal. West Main Street and State Highway 146 should
be able to easily accommodate any traffic generated by new developments. The change should not cause a
negative impact on the public health, safety, and welfare of the City. Furthermore, the requested change
would not be contrary to the goals and objectives of the City's Comprehensive Plan.
After receiving input from both proponents and opponents, the Planning and Zoning Commission, by
majority vote, has recommended approval of the Rezone Request#R98-002.
Action Required bv Council: Consider approval of an Ordinance rezoning lots 1-10 and 21-30, Blocks
717, 718, and 719 Town of La Porte from General Commercial (GC) to Light Industrial (LI).
A vailability of Funds:
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
Funds Available:
Yes
No
Approved for City Council Agenda
G~T.~
Robert T. Herrera
City Manager
s-lot-4,
Date
e
e
ORDINANCE NO. 1501- EE/99-2326
ORDINANCE AMENDING ORDINANCE NO. 1501, MORE COMMONLY REFERRED
TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING
CLASSIFICATION OF THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED;
MAKING CERTAIN FINDINGS OF FACT RELATED 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 of the City of La Porte hereby finds, determines
and declares that heretofore, to-wit, on the 15th day of April, 1999, at 6:00 p.m. a Public
Hearing was held before the Planning and Zoning Commission of the City of La Porte,
Texas, pursuant to due notice as required by the Open Meetings Law, Chapter 551,
Texas Government Code, to consider the question and the possible reclassification of
the zoning classification of the hereinafter described parcels of land. There is attached
to this Ordinance as Exhibit "A", and incorporated by reference herein and made a part
hereof for all purposes, a copy of Notice of Public Hearing which the City Council of the
City of La Porte hereby finds was properly mailed to all owners of all properties located
within two hundred feet (200') of the properties under consideration.
"Section 2. The publisher's affidavit of publication of notice of said hearing is
attached hereto as Exhibit "8", incorporated by reference herein and made a part
hereof for all purposes.
"Section 3. Subsequent to such public hearing, the Planning and Zoning
Commission of the City of La Porte met in regular session on the 15th day of April, 1999,
at 6:00 p.m., to consider the changes in classification which were the subject of such
public hearing. The City Council of the City of La Porte is in receipt of the written
recommendations of the City of La Porte Planning and Zoning Commission, by letter
ORDINANCE NO. 1501.E/99-2326
Page 2 of 4
e
dated April 16, 1999, a true copy of which letter is attached hereto as Exhibit "C",
incorporated by reference herein and made a part hereof for all purposes.
"Section 4. Subsequent to receipt of the recommendation of the City of La
Porte Planning and Zoning Commission, the City Council of the City of La Porte called a
public hearing on the proposed classification changes and the recommendation of the
Planning and Zoning Commission on the 24th day of May, 1999, at 6:00 p.m., and
pursuant to due notice, to consider the recommendation of the Planning and Zoning
Commission regarding the possible reclassification of the zoning classification of the
hereinafter described parcels of land. There is attached to this Ordinance as Exhibit
"0", incorporated by reference herein and made a part hereof for all purposes, a copy of
the notice of public hearing which the City Council of the City of La Porte hereby finds
was properly mailed to the owners of all properties located within two hundred feet
(200') of the properties under consideration.
"Section 5. The publisher's affidavit of publication of notice of said hearing is
attached hereto as Exhibit "E", and incorporated by reference herein and made a part
hereof for all purposes.
"Section 6. The City Council of the City of La Porte hereby accepts the
recommendation of the City of La Porte Planning and Zoning Commission, and the
zoning classification of the hereinafter described parcels of land, situated within the
corporate limits of the City of La Porte, is hereby changed, and the zoning classification
of said parcels of land shall hereafter be "L.1. - Light IndustriaL" The description of said
parcels of land rezoned to Light Industrial is as follows, to-wit:
ORDINANCE NO. 1501"/99-2326
Page 3 of 4
e
Lots 1-10, and lots 21-30 of Blocks 717, 718, and 719 Town of La
Porte, Harris County, Texas
"Section 7. 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 the City of La Porte Zoning Map and
Classification contained in this Ordinance as amendments to City of La Porte Zoning
Ordinance No. 1501 are desirable and in furtherance of the goals and objectives stated
in the City of La Porte's comprehensive plan Ordinance No. 1501 (A),
"Section 8. 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 9. This Ordinance shall be in effect from and after its passage and
approval.
PASSED AND APPROVED THIS THE~DAY OF
1999.
CITY OF LA PORTE
B~to/Jp/~
ORMAN MALONE, Mayor
ORDINANCE NO. 1501'E/99-2326
Page 4 of 4
e
ATTEST:
BY~1v Ct.A)JM
M R A GILLETT
City Secretary
e
City of La Porte
Established 1892
April 16, 1999
Honorable Mayor Norman Malone and City Council
City of La Porte
Re: Rezone Request #R98-002
Dear Mayor Malone:
The La Porte Planning and Zoning Commission, during its April 15, 1999,
meeting, held a public hearing to consider Rezone Request #R98-002. The
request, submitted by James R. Cartwright along with Jack Humphrey and
L. R. Pfeiffer, seeks to rezone Lots 1-10 & 21-30, Blocks 717,718, and 719
Town of La Porte. The property in question is located in the 1400, 1500,
and 1600 Blocks of Polk Street. The applicants seek to have the property
rezoned from General Commercial (GC) to Light Industrial (LI).
The Planning and Zoning Commission, by majority vote, has recommended
approval of Rezone Request #R98-002.
Respectfully submitted,
~~~
Betty T. Waters
Chairperson, Planning and Zoning Commission
P.O. Box 1115 · Li1Pone,Texas77572.1115. (713)471.5020
1200 Hwy. 146
Suite 180
P.O. Box 1414
County of Harris
State of Texas
e
Before me, the undersigned authority, on this date
came and appeared ,John Black, Editor & Publisher of
The Bayshore Sun, a seni-~...eekly nS'lspaper published
in the City of La Porte, Harris C'.ounty, Texas, and
"7he after being duly ffioJOrn, says the attached notice
"JaS published in The Bayshore Sun of
John Black
Editor & Publisher
S,...~rn and subscribed before me this /71'l'Iday of
Ih~ ' 19~. -
,~j.Lo~
SaI1dra E. Bnmgarner
Notary Public
H3rris County, Texas
e
La Pone. Texas 77571
(713) 471-1234
.. f......
li:tE STATE:OF TEXAS
. ._0.0,: .', ~ _
cOUNrY'OF.:HARRIS' "
. .: .. ....,:...
crN 'OF LA" "PO" '..
. ATE
. : . '. ~.". .
":,~. '. .;".~.. ....L;".:
. :...r...., :" ~,p ..'~'~.~EARI~ ,2;t
: ,,~~':~~:'n""aYii~;;' i" .~~!lJ~:~.;;~~;.
, ~. .~. ....... ' .. ~prOvl.
sl.on of Sdon' 0 171 of the cOde of
Ordifl~.;~!. e. f La Porte and
~tt:'~~'Jl~~:- <llIfTe_.Loc8I ~
emme"t" COdi.;;;o;l~cit"'i' 'h' ~ h:. ." . ~...
h. . T ~''!o!'!....,~ ere...,_ giv8n
th~~tle.~ ~orte PnYbci~n[,l~ii~~Ud'
!l p~i~ .heall..(!9lt 6;go."~.Pt\''1iri:,-!li~4th
d!ly~of Ma" 1999fbi the.COuncil Cham-
bers of. the City 1:f8J1, 604,West Fainnont'
.' .oo;r._" ..:'''0', ..~..: .; 11'.:. .:"<&1'.;., .~.:.."~...
.Parkw~y'..~ .PP~,: ~'t~xas. Th~ p~,p0S8::
~f thl~.~e~ring. '!f' to. COIIsid~r..rezone re-
quest #98-Q02;wtildfhas 'been' '. ... "_
ed to . . ,. ,. - ... request '
r thill, property ~tE!d Iri..the"1400.:'/
~5~O, '&H .1~o.o"~I~,.C)ft.r..QI~'~,Ir8!t,,.~' ,
o"e,. ams \oNunty. Texas.:The proper~~'
ty in'-que~On'~ fui1ri~r :aeScfn1i~ ~y'ihe":'
l1ams County Apprals81District' as Lots
HO and 21-30 of Blocks 711' 718 anet' I
71 ~. ~esp~ely;. :Jhe,jQlnf .reciuest' su~.:
mltted by James Cartwrlght, R.L. Pfeiffer.' I
anctJac;k-!i,ufl1Ph~!'Y, seeks to have the
Prope~;'ln. !I(je~:rezopecf ffi:iin ~ener- .
aJ ~~m.t~~'i,~~%.to~ U~~( ~!~dUstrlaJ
(L1). I") ,l'f'......'l; ., .i!'V_...:t.~t '.,' : ",~ .
."' .4 '" ,'; 'J'.. ,...""U..'''. .r! ..'tj~ o!':."'.
.". :~N~ A'regular',ineeting of'-the City
'Councll will follow the pUblic hearing for
the :'purpose of, act!~g Jupon .the public
he!!iing Items.: and to ~duct other mat-
ters ~~rtainin9 to:the Council. '. '.::
..I': '. " ...:>. I' . . ::r.:", . ""i
,.; Citizens 'wishing to address the
Counci!. pro or con. during the Public
Hearing will be required to sign in before
the meeting is convened. . .
'.
..... ".,
ciTY OF LA PORTE '.
. '. .I'
. '.
. .... . .....
Martha Gillett
City Secretary
1200 Hwy. 146
Suire 180
P.O. Box 1414
The
County of Harris
State of Texas
e
Before me, the undersigned authority, on this date
came and appeared John Black, Editor & Publisher of
The Bayshore Sun, a seni -\veekl y ne.'lspaper published
in the City of La Porte, Harris C'..ounty, Texas, and
'-7110 after being duly ~}Orn, says the attached notice
\'laS published in The Bayshore Sun of March
r;\L
John Black
Editor & Publisher
S\vlJrn and subscribed before me this /1-rt-lday of
Yn~ ,19!l:i. -
~J.~~
Sandra E. Bllffigarner
Notary Public
H:rrris County, Texas
e
La Porte, Texas 77571
(713) 471-1234
SUD
. --.~......:..~.,.. l?'~~"-'" -...... . ." ~.C:.. t
I. .",... i :'., . . ."'i' . ", -. ~ '0
T.HE ~~~"~OF TEXAS, \ ,;.'. ,
. .:... ..~....~r.~:' :.;':.',,:" ,'-"".' ?'~'. .: ~:")~'~ .
CC?':!.NT'(O.~HARR'IS ....:.. ...,.,:.,':, <...
...Io~:~;...tj',,,~;.,", -.~ ,,--':' ,_ '"';{':..' '~'I
'CITYOJ:,LAPORTE'~. ::-:.,.:' .....
:. ,":1". ~:'~....' '. ," . ~~J.
..':'.::Ndncki....,::I~/..... ..':'. .,d. ::-.." 1 .
~', ;, .'., .. .'. O.F,PUBLlC HEARING ... :.~
.. ..'\ /..... .. '1 I: l..". .... .'. #,v.:'.
.: '. - '. '~.?:.~ :'J~~~ ::..: . '.; .~ : ' . :':.', .:..,
_.:t~~~~~~~~:~:~~~:,
;30: V!~j'!~.~li! arid.'Sectioif.1'06-\.
'o/La of the .,' ~e .. 9.':dln~s of itMi.P!iY. :
the"L8' '.,' ~~~I~ her . ~rUlrat.:
. . 0 P nlng and -.,.~~.
..m'ssJ' ...... ..... ,...- . ,.. g V\It,;."
,&::W ~n,. WI ,,~ d .. ,. . 'pulillC ar;rilfaf
'. ,', on the. tho Aprf"
1999, "In. ihe' ouii. De '.. ..1"
Cily Hall, 604 West' Fo ., r:s: Of ~~.
'La Porte T" . . . amnont P8Jtwau
. . . exas.. The PUrJJos"'of ",
hearing Is to conslde" ~ ..' -~;!, .' .' th!s
#98-002, whIch 'has tiJe{.'.zon.e'request.
.the property located:"n' the,~ested ~~:
N~rth, 1.5th Street, L8 e~rt8: Hairi~ .of :.
thly, Texas. The property Iri'qtieStiorf~~: j
er dl!Scrlbed by the Harrf Co . r.,,"
pralsal Olsf!ict as LotS1~10~ u2n1y1 Ap--;<:
BlOCks 717 718 ,,;.... '719' .. -30 of
Th' -, , ...... resPectivel
wri e Joint requ~st. submitted by JIm cJ'~: .
9/csht, R.L. P!ri1ffer, and Jack Humphery.,....
. see to have'the p'" " .
rezoned fro G ,roperty. In queStIon' :
m eneraJ Commercial '00'" ~
to ~ght Industrial (LI). . . . l ~,:.
..: .:l~'-~~'''.'.~',~..:j'".''. ,.' .
. .... A regular m~etlng ~; the Pian '.
nlng and Zoning Com I '" .
re pUblic hearing for .:. S;u~W:'-l1~~ .
ng upon.the public h,aring llems arid to'"
COnduct other matters '-pertalnln '..
Commission. J.!.\ _: .~.:.,~, '._': 9 to, ~e
<:..(~.~.!~....I,. i'~~;:..::"~:,,,:~::.:..' I
Co. .. . .Citiz8.ns Wishing to addniiti rho :
mmlsslon pro or con d .' . e
~~~~~'s~::e:t~ir~.~~.~7;~ ~:of::: .
I'. .
crr: OF LA ~OATE
.Martha Gillett
Cily Secretary
e
e
A Meeting of the La Porte
Pl!l1nn;n~ and Zo~ Commission
(Type of Meeting)
Scheduled for
R~Zi~?
PLANNING
Apri11S, 1999
(Date of Meeting)
to Consider
Rezone Request #98-002
(Type of Request)
I have received notice of the above referenced public hearing.
I am ~ V~ of gtanting this request for the following reasons:
I am OPPOSED to gtanting this request for the following reasons:
~aLlJ~
~,9~'lldJ{r
, City, State, Zip ,/
/LJ~
ADAMS STREET
0) 32 32 1 ....... 32 1 CO 32
- 31
- CO 31 31 2 CO 31 2 CO
0 CO - '3 CO - - CO -
W 30 30 30 3 30 ! lu
tJ) - - - - - --
9 29 ti 29 tu 4 29 ti 4 , 28 ~
- - - ! """it N
0 28 W 28 ~ 5 28 ~ 5
- J!: - - - 3 =!=.
- 21 27 6 Z1 8
I-
tu - tJ) 28 - - tJ) ~
28 7 28 7
~ - ~ - ::J: i - - ~ -
25 25 25 8
- Iii - - - -
24 - 24 - 8 24 - 8 I 24 ~
- .23 - 23 - -l 23
J: 23 J: ::J: 10 ::J: 10
- Ii: Ii: - - - Ii: - ~
I:: 22 22 11 22 11 22
- - -
- 21 0 21 0 12 21 0 12 I 21
::J: - Z Z - - Z - ~
Ii: 20 20 13 20 13 20
- - - -
19 19 14 19 14 19
0 - 15 - -
Z 18 18 18 15 18
- ~
17 17 16 17 16 17
- - - - -
WEST POLK STREET EXISTING BOUNDARY LINE FOR LIGHT INDUSTRIAL ZONE
- - - --
- I-
1 30 1 CO 0)
2 28 2 ~ ~
- ....... .......
3 28 3
4 Z1 4
-
5 5
-
8 8 25
-
7 7 24
-
8 8 23
8 - 22
9
10 -
21
-
WEST MAIN STREET
e
e
,..
REOUES~OR CITY COUNCn.. AGENDA ITE"
Agenda Date Requested:
Department: Administration
Requested By: John Joems
Ordinance
Exhibits:
SUMMARY & RECOMMENDATION
There are three ordinances being presented to you tonight regarding the Industrial District with Bayshore
Industrial, Inc.
The first ordinance calls for the disannexing of a certain tract of land located in South La Porte. This tract is an
additional 4::t acre that Bayshore Industrial has acquired.
The second ordinance calls for the designation of certain land as the "South La Porte Industrial District," which
includes the land just disannexed. These two actions in effect expand the size of the South La Porte Industrial
District from 32.91 to 36.98 acre.
The third ordinance calls for execution of an Industrial District Agreement with Bayshore Industrial, Inc. The
term of the contract is for a 10 year period and sets forth the rate at which payments in lieu of taxes would be
made. The contract calls for the payments on existing facilities to be at 100% of the value they would be paying if
they were annexed and for new construction to be 50% of the value they would be paying if they were annexed.
Action Required by Council:
Approve all three ordinances relating to Bayshore Industrial Inc.
Availability of Funds:
a~ 1\ ~
General Fund_ WaterlWastewater
_ Capital Improvement_ General Revenue Sharing
e
e
ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W, FAIR MONT PARKWAY
P,O. BOX 1218
LA PORTE. TEXAS 77572-1218
KNOX W, ASKINS
JOHN D. ARMSTRONG
CHARLES R, HUBER. JR,
80""0 CIERT'''.EO . CIVIL TAIAL LAW
Tr;XAS BOARD 0" LEGAL SpeCIALIZATION
TELEPHONE 281 471-1886
TELECOPIER 281 471-2047
November 9, 1998
Mr. David Gerst
Senior vice President
Operations and General Counsel
Bayshore Industrial, Inc.
1300 McCabe Road
La Porte, TX 77571
Re: City of La Porte Industrial District Agreement Renewal
Dear Mr. Gerst:
As requested in your letter of August 21, 1998, I have re-drafted
the instruments which I had sent to you earlier, to incorporate a
ten (10) year term, commencing January 1, 1999, with 100% ad
valorem taxes on all property which exists on January 1, 1999, and
50% on all property which is added after January 1, 1999.
I have dated these documents for the City Council meeting of
Monday, December 14, 1998. I would appreciate your having the four
duplicate originals of the documents executed by appropriate
corporate officials of Bayshore Industrial, Inc., and return to me
no later than December 1, 1998, to be placed on the City Council
agenda of December 14, 1998.
Thank you for your cooperation in this matter.
Yours very truly,
KWA:sw
Enclosures
cc: Mr. Robert T. Herrera
City Manager
City of La Porte
Mr. Jeff Litchfield
Assistant City Manager
IDirector of Finance
City of La Porte
Mr. Hugh L. Landrum
Hugh L. Landrum & Associates
12000 Aerospace Avenue, Suite 106
Hou~~~~, TX 77034-5567
~ tJ.'~~h
Knox W. Askins ~
City Attorney'
City of La Porte
e
e
ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P,O, BOX 121B
LA PORTE, TEXAS 77572-1218
MAY I 0 19S9
.., .... __... "'0 .. . .0 _.. ....__
J '.":. ('-/~;:;. .:o.:=n
...... - I:. .. :
. . . - .
-. ---.---. .--......----..--...-
KNOX W, ASKINS
JOHN ~ ARMSTRONG
CHARLES R. HUBER. JR.
BOARD CERTIF'IEO .. CIVIL TRIAL LAW
TEXAS BOARD 0'" LEGAL SPECIALIZ,ATION
TELEPHONE 281 471-1886
TELECOPIER 281 471-2047
May 10, 1999
Mr. Michael orno
Associate eneral Counsel
ICO
114 Westheimer, Suite 1000
H ston, TX 77077
AND VIA FAX NO. 281-721-4251
Re: Bayshore Industrial, Inc.
Industrial District Agreement with City of La Porte
Dear Mr. Contorno:
Mr. John Joerns, Assistant City Manager, has carefully reviewed the
legal descriptions in the file, and has determined, that by
eliminating from the ordinances and the agreements, the 1.32 acre
tract described as Tract 2, and the 0.6747 acre tract, described as
Tract 3, we can accomplish our purposes without the necessity of
having an outside surveyor.
with your permission, I am so modifying the ordinances, and the
agreements, by eliminating those two tracts. All of the other
tracts of land will stay in. with your agreement and permission,
I will place on the City Council agenda of Monday, May 24, 1999, at
6:00 p.m., the ordinances and agreements, as so modified, a
complete copy of which are attached to the mailed version of this
letter.
Thank you for your cooperation in
skins
Attorney
of La Porte
KWA: sw
cc: Mr. John Joerns
~~sistant City Manager
City of La Porte
Mr. Doug Kneupper
Director of Planning
City of La Porte
.
e
ORDINANCE NO. 98-2257
AN ORDINANCE DISANNEXING CERTAIN TERRITORY HERETOFORE ANNEXED TO
THE CITY OF LA PORTE, PROVIDING A SAVINGS CLAOSE; 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 10 The territory described on Exhibit "A" which is
now entirely located within the corporate limits of the City of La
Porte, Texas, by prior annexation ordinances of the City of La
Porte, is hereby disannexed from the corporate limits of the City
of La Porte, and, after the effective date of this Ordinance, shall
not constitute a part of the corporate territory of the City of La
Porte.
section 2. Nothing herein contained shall affect the validity
of the remaining portion of the Ordinance or ordinances under which
the hereinabove described territory was originally annexed, and it
is the intention of the City Council of the City of La Porte that
only the above described territory shall be disannexed from the
corporate limits of the City of La Porte, Texas.
Section 3. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
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.
e
ORDINANCE NO. 98-2257
e
PAGE: 2
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 24th day of May, 1999.
By:
ATTEST:
CITY OF LA PORTE
d~h~?
No an L. Malon
Mayor
e
e
^ met or p&rce1 of land containfnJ 4.069 ~ ~ ot ~ oat of 11M: W. P.
Ilnttil!l Su.ve)'. ^bmuct Ho. 10. in IJanis 0:Mmty, 'reus,.w 4.069 ~ beln,
more Jlftnicufarly deseh"bed by met!:! am fDmds M fbD~
^ tnct of land out of tbe W. P. Hattis ~, AMJnct 30, J"trlt County, feus,
!!:Hid b1!d ~ing out 01 two pmceb of laM caD~ to 1~t1b R~ !Ides
Company, Ol1e of StlCh ~ beina I 62..SI2-8Cte tt-.1 ~ In ~ ~
rtcorded In Volume 4499. I'ftR! 1OS, of the ~ Reamb of "anl. County,
Teu.!, to whlth ~eT'f!nee i~ ~ IMde For aD ptrpo.e.t. IInd tba ~ ~
being, ~2. 4-ecra tnct desen1Jed in that Deed ra:aded In Volumes 4499, hI'J IS6,
of 1M Deed R~(d, of 11mb (bmty. Tens, to ll'bidl ~r(!tcf~ b h= made far
aU PU~. IInd the tm'd roft~~ herein being mare pudcvJuly daaIbed IS
foUow!:
~ginning 8t a one-Inch Inm pipe martini tile south~ comer of the ~ct
62.511.'Il<:Je trBd, said D.ln~r ~B in the C8St tfghl-d.way of the 011 " SA
Rallro8d;
THENce N. 70 J If 3r W. with ~d ea!Jl rlght-of,way. at 502.83 feet pt." ..
tlm:e-lnch htm rtre f(1f the nonbwest eOtnM of the said 61.s 12 1lCfe'-b1tct and tile
~fJthwe!!lI comer of the 52.4-acre !met, In ~n'604.92 redia an lnm .rod ror the
northwest comer of the hnct being desctlbe.d;
1 HENCn S. 89Q .5~ 4.5" Ii 39O.8fi feet to an iron rod for Ute nottbeasl comer of
thr . ',ct being desaibed;
11JENCE s. to" '(4' saw w. 610.69 feet to 8U Iron rod for die soutltU.~ comer cr
the Iract helnl dCSlCTibed. said eotntr being In the south line of the said
62.j12.acm bact;
TIJENCE N. 89" 59' 45" W. with said line a cns.ance of 100.0 (ed to the place
or heginninS and containing 4.069 Beres of land.
EXHIBIT "A"
Ordinance No. 98-2257
e
e
e
e
ORDINANCE NO. 98-2258
AN ORDINANCE DESIGNATING CERTAIN LAND NOW IN THE CORPORATE LIMITS
OF THE CITY OF LA PORTE, TEXAS, AS AN INDUSTRIAL DISTRICT TO BE
DOWN AS "SOUTH LA PORTE INDUSTRIAL DISTRICT" ; RESERVING AND
PRESERVING ALL RIGHTS POWERS AND DUTIES OTHERWISE REPOSING BY LAW
IN THE CITY COUNCIL OF THE CITY OF LA PORTE; PROVIDING A SAVINGS
CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, it is the established policy of the City Council of
the City of La Porte 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 old industries
therein; and
WHEREAS, the City Council of the City of La Porte after due
and careful consideration has heretofore determined that it is in
the public interest to disannex the land described in Ordinance No.
98-2257, passed and approved May 24, 1999, and to discontinue the
corporate limits of the City of La Porte as to such land, and to
adopt this Ordinance No. 98-2258, pursuant to Section 5, Article I,
of the Municipal annexation Act, and to designate that part of the
land hereinafter described as an industrial district;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF LA PORTE:
Section 1. The territory described on Exhibit "A" which has
been disannexed by Ordinance No. 98-2257, passed and approved on
May 24, 1999, is hereby designated as an industrial district of the
City of La Porte.
Section 2. The industrial district designated and established
hereby shall be known as "South La Porte Industrial District".
Section 3. It is hereby declared to be the purpose of the
City Council of the City of La Porte, to treat with such area from
time to time as may be in the best interest of the City and in the
attraction and maintenance of industry therein.
e
e
ORDINANCE NO. 98-2258
PJGB 2
section ... The City Council of the City of La Porte may
enlarge or diminish such industrial district from time to time as
permitted by law and the contract(s) with the owner(s) of the land
therein, ~nd the City of La Porte hereby reserves and preserves all
rights and powers of the City of La Porte with respect to such
industrial district, except as herein expressly otherwise stated
and as provided in the contract(s) entered into with the owner(s)
of land therein pursuant to the terms hereof.
Section 50 Should any portion of the area herein designated
as an industrial district be not actually situated within the
extraterritorial jurisdiction of the City of La Porte, Texas, and
not therefore capable of being so designated, such fact shall not
affect the validity of this designation as to the remaining portion
of said area.
Section 60 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.
e
e
ORDINANCE NO. 98-2258
PAGE 3
Section ,. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 24th day of May, 1999.
By:
CITY' OF LA PORTE
~~~~
N rman L. Malone
Mayor
ATTEST:
~r1. {k11JrJ
Ma tha A. Gi lett
City Secretary
~
K - .x W. Ask'-f:!
City Attorney
e
e
^ tract or perce] of bmd contB,inInJ 4.Q69 ec:ns. mote (1t ~ 0Qt of the W. P.
Ilmti~ Sutve)'. Absn8ct No. 10, in na.nD County, 1Ue, saicl4.069 ~ beIn.
more Pftniculady desch"bed by mde.t and ....m as fbD~
^ trac1 of lnnd Qut of tbe W. P.1Iarris Survey, ^MJHL1 30, lJaD& County. TE-US,
~id bflc.t ~ing out of two puceb of IftDd c:aIl~ to l~tJh R~Jt, Sfttes
Compmy. ODe of ~ l"fCeb beina I 62.SI2-8Cte tr*-1 &safbed In !he ~
fttorded In Volume 4499, PAle 1OS. of the Deed Rcclonh of Hmf.. Coun1T.
Teu~, to wh'dl ~eh!J1ee i~ ~ DUJ.de Par aD p1f~. aDd dJrr ~ tJ1J<:l
being I ~2.4-acre tt!Ct desen'bed in that Deed '!!:aM In Volume 4499, hI'! US,
of ,"" ~ R~ of' "anb ~ty, Teus. to ll'hich tere(glk;lg Is hete Dl8de far
all "u~, and the trB'~ roove~ hen!in beln8 mare pBnIcullrf, des:ribed at
foUowg:
~g{nning at II one-Inch lmn tripe martini tlJe SQuth~ eomer af dwe ~'c1
61.S11.-ft~n: tntd. said '-um~, beinS In the cut tfKhI-u-WlIY of thb 011 & SA
~d;
nrnNCB N. 10 I (f 32" W. with Il8Jd ea1I IIJht~(-w8Y, " 502.83 feet pus I
tJtr?;e-lneh hun rtre for me nonbwest totner of the said 62"'12 BCfe-tr&ct and the
routhwe~ eom.ar of the S1.4-acre !mel, 10 ~n'604.92 fed 10 an bun .rod ror the
nonhwC5t corner of the hnct being desctlbed;
1 HENCn S. R9" .59' 4.5- H. 39().86 feet 10 an iron rod for the ROItheas1 comer of
thr . "ct being described;
111ENct! S. toe J(4' S8- W. 610.69 reet to ao Iron rud for dle!lOlfth.ta..~ comeI' cf
the Uact belnl de:saibed, said eOtner being In the south Iln.e or the said
62.j 12-acm oact;
TIJENCE N. 89" 59' 4S" W. with said line a d.lstance of 200.0 feet to the place
of begi.,nning and containing 4.069 Beres or land.
EXHIBIT "A"
Ordinance No. 98-2258
e
e
e
e
ORDINANCE NO. 98-2259
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH BAYSHORE INDUSTRIAL, INC.,
WITHIN THE SOUTH LA PORTE INDUSTRIAL DISTRICT FOR THE TERM
COMKENCING JANUARY 1, 1999, AND ENDING DECEMBER 31, 2009.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
The City Council hereby finds, determines and
declares that BAY SHORE INDUSTRIAL, INC. has executed an industrial
district agreement with the City of La Porte for the term
commencing January 1, 1999, and ending December 31, 2009, a copy of
proposed industrial district agreement being attached hereto,
incorporated by reference herein, and made a part hereof for all
purposes.
Section 2 .
~
The Mayor, the ci ty Manager, and the ci ty
Secretary of the City of La Porte, Texas, be, and they are hereby,
authorized and empowered to execute and deliver on behalf of the
City of La Porte, Texas, the industrial district agreement with the
corporation named in Section 1 hereof, a copy of which is attached
hereto.
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.
e
ORDZNANCE NO. 98-2259
e
PAGE 2
section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 24th day of May, 1999.
By:
ATTEST:
~dA. 1/111&
a a A. Gillett
City Secretary
CITY' OF LA PORTE
~::-i::..4 /----
Mayor
e
e
NOTICE: THIS CONTRACT IS SUBJECT TO ARBITRATION UNDER
THE TEXAS GENERAL ARBITRATION ACT, ARTICLE 224, ET. SEQ.,
REVISED CIVIL STATUTES OF TEXAS.
STATE OF TEXAS {
{
COUNTY OF HARRIS {
{
CITY OF LA PORTE {
INDUSTRIAL DISTRICT 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 BAY SHORE INDUSTRIAL, INC., a
Texas 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, Company is the owner of a certain tract(s) of land
more particularly described in the Deed Records of Harris County,
Texas, in the following Volume and Page references, to-wit:
six tracts of land, as described on Exhibit "A" attached
hereto. This agreement shall be subject to the
additional restrictions contained in Exhibit "B" attached
hereto.
upon which tract(s) Company has either constructed an industrial
plant(s) or contemplates the construction of an industrial
plant(s); and
WHEREAS, pursuant to its policy, City has enacted Ordinances
No. 1789 and No. 98-2258, designating a portion of the area located
in its extraterritorial jurisdiction as the "South La Porte
Industrial District", hereinafter called "District", such
Ordinances being in compliance with Section 42.044, Texas Local
Government Code; and
WHEREAS, City desires to encourage the expansion and growth of
industrial plants within said District and for such purpose desires
to enter into this Agreement with Company pursuant to Ordinance
adopted by the City Council of said City and recorded in the
official minutes of said City:
NOW, THEREFORE, in consideration of the premises and the
mutual agreements of the parties contained herein and pursuant to
the authority granted under the Municipal Annexation Act and the
Ordinances of City referred to above, City and Company hereby agree
with e~~h other as follows:
e
e
I.
A. City covenants, agrees and guarantees that during the term of
this Agreement, provided below, and subj ect to the terms and
provisions of this Agreement, said District shall continue and
retain its 'extraterritorial status as an industrial district, at
least to the extent that the same covers the land described above
and 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. Subject 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 within said District and not now within the corporate
limits of City, or to be disannexed from 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, and that said land shall
not have extended to it by ordinance any rules and regulations (a)
governing plats and sUbdivisions of land, (b) prescribing any
building, electrical, plumbing or inspection code or codes, or (c)
attempting to exercise in any manner whatever control over the
conduct of business thereon; provided, however, it is agreed that
City shall have the right to institute or intervene in any
proceeding authorized by the Texas Water Code, the Texas Clean Air
Act, the Texas Health & Safety Code, to the same extent and to the
same intent and effect as if all land covered by this Agreement
were located within the corporate limits of City and not subject to
the Agreement.
B. Company agrees that it will not, during the term of this
Agreement, use or seek legislative or regulatory approval to use,
nor allow any other person to use or seek legislative or regulatory
approval to use, any portion of the tract(s) of land described
above as any part of a commercial hazardous waste management
facility, as defined in Chapter 296, Acts of the 72nd Legislature
(1991). Company further agrees that it will, within thirty days
after execution of this Agreement, place a deed restriction on the
tract(s) of land described above prohibiting the use of any portion
of such tract (s) as any part of a commercial hazardous waste
management facility. Company hereby agrees that in any suit by
City for breach of any provision of this paragraph, city may seek
and, should it prevail it shall be entitled to, specific
performance of this provision of this paragraph.
II.
A. On or before April 15, 1999, 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, 2009,
Company shall provide City with a written description of its land
and all improvements and tangible personal property located on the
land as of the immediately preceding January 1st, stating 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"). Company may
file such Rendition on a Harris County Appraisal District rendition
2
e
e
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 and 2 of subsection 0, of this
Paragraph II (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, 1999, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2009, Company
shall pay to City an amount "in lieu of taxes" on Company's
Property as of January 1st of the current calendar year ("Value
Year").
D. Company agrees to render to City and pay an amount "in lieu of
taxes" on Company's land, improvements and tangible personal
property in the unannexed area equal to the sum of:
1. (a) One Hundred percent (100%) of the amount of ad
valorem taxes which would be payable to City if all
of the Company's land and improvements which
existed on January 1, 1999, had been within the
corporate limits of city and appraised each year by
City's independent appraiser; and
(b) Fifty percent (50%) of the amount of ad valorem
taxes which would be payable to City if all of the
Company's land and improvements which are added
after January 1, 1999, had been within the
corporate limits of City and appraised each year by
City's independent appraiser; and
2. (a) One Hundred percent (100%) of the amount of ad
valorem taxes which would be payable to City on all
of the Company's tangible personal property of
every description, including, without limitation,
inventory, oil, gas, and mineral interests, items
of leased equipment, railroads, pipelines, and
products in storage located on the land, which
existed on January 1, 1999, had been within the
corporate limits of City and appraised each year by
the City's independent appraiser;
(b) Fifty percent (50%) of the amount of ad valorem
taxes which would be payable to City on all of the
Company's tangible personal property of every
description, including, without limitation,
3
e
e
inventory, oil, gas, and mineral interests, items
of leased equipment, railroads, pipelines, and
products in storage located on the land, which are
added after January 1, 1999, had been within the
corporate limits of City and appraised each year by
the City's independent appraiser.
III.
This Agreement shall extend for a period beginning on the 1st day
of January, 1999, and continue thereafter until December 31, 2009,
unless extended for an additional period or periods of time upon
mutual consent of Company and City as provided by Section 42.044,
Texas Local Government Code; provided, however, that in the event
this Agreement is not so extended for an additional period or
periods of time on or before June 30, 2009, 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, and in such event Company agrees that
if the Texas Municipal Act, as amended after January 1, 1980, or
any new legislation is thereafter enacted by the Legislature of the
State of Texas which imposes greater restrictions on the right of
City to annex land belonging to the Company or imposes 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 with the
provisions of said Texas Municipal Annexation Act as the same
existed on January 1, 1980.
IV.
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 and all of the
owners of all land within the District of which it is a part. In
this connection, City hereby expresses its belief that industrial
district agreements of the kind made herein are conducive to the
development of existing and future industry and are to the best
interest of all citizens of City and encourage future City Councils
to enter into future industrial district agreements and to extend
for additional periods permitted by law this Industrial District
Agreement upon request of Company or its assigns; provided,
however, that nothing herein contained shall be deemed to obligate
either party hereto to agree to an extension of this Agreement.
V.
Company agrees to pay all "in lieu of taxes" payments hereunder, to
City on or before December 31 of each year during the term hereof.
It is agreed that presently the ratio of ad valorem tax assessment
used by the City is one hundred percent (100%) of the fair market
value of property. Any change in such ratio used by City shall be
reflected in any subsequent computations hereunder. This Agreement
shall be subject to all provisions of law relating to determination
4
e
e
of value of land, improvements, 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 as otherwise provided in Article VI hereof.
VI.
A. In the event Company elects to protest the valuation for tax
purposes set on its said properties by City or by the Harris 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 any such protest by Company, Company agrees to pay
to City on or before the date therefor hereinabove provided, the
total amount of the "in lieu of taxes" on the unannexed portions of
Company's hereinabove described property which would be due by
Company to City in accordance with the foregoing provisions of this
Agreement on the basis of renditions which shall be filed by
Company on or before March 31 of each year during the term of this
Agreement, with both the City and Harris County Appraisal District
for that year.
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 {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 statement 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). Notwithstanding
any such disagreement by Company, Company agrees to pay to City on
5
e
e
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 rendered and/or
submitted to City by Company hereunder, or the total assessment and
"in lieu of taxes" thereon for the last preceding year, whichever
is higher.
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10 days, the parties will join in a written
request that the Chief Judge of 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, in accordance
with the rules and regulations of the American
Arbi tration Association. The sole issue to be determined
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 issue 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 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
ci ty and Company, and upon Company's successors and assigns,
affiliates and subsidiaries, and, with prior written consent of
City, which consent shall not be unreasonably withheld, 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 the 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 territory, for so long as this Agreement or
any extension thereof remains in force.
6
e
e
IX.
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 unconstitutional 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 validi ty 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'~ day of ~~mLer, ~. ~
By:
BAY SHORE INDUSTRIAL,
4~J?7~ -
S.E. Barkmann
General Manager
1300 McCabe Road
La Porte, Texas 77571
INC.
-
ATTEST:
~t'.t. (). .HAM
a a A. Gillett
City Secretary
~ OF LA PORTE
By: v-----
orma~lone
Mayor
BY COONS
uJ
w. Askins
Attorney
of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
BY:~T. ~
Robert T. Herrera
City Manager
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
Phone:
Fax:
(713) 471-1886
(713) 471-2047
7
-;
e
e
^ tn!C! or J"U'Cel of labd containing 4.069 ~ ~ (:It ~ otIt of the W. P.
'lntti~ Sutvet, ^~ No..~, in Hanb~, TeYc,!Ide! ~,06' ~ bdnl
m~ ~n.icuhmy deseh~ by met!:! and ~ M IbD~
^ tnct or lnnd out of tbe W. P. H8tris Surwy, ^~tft;t, 30, 'f:6Dh Cbunt)', ...~,
said md ~ing aut 01 two puce!! of 1aDd c:dl~ 10 ~ob R~.ft7 Snles
Compmy, oue of such ~q beina a 62.512-8ete trItCt ~ In d1e ~
nx:orded In Volume 4499, PARe 1OS, of the Deed Re<'bub or Hard.. Coun".
Texas, to wh1dl ~~ee i~ bere made For l1li J'U~. end the ~ ~
being II ~2.4-ec:te ttwct desen"bed in that Deed 1ft:Ct~ In V~ 4499, hI" 156,
of tb" Deed R~r&t of Harm tbmty, Teus, to 1IP1Jich ~ref~ Is here m8de for
all P~. end the tmd alOve~ hen!in belnl man: putlttduJ, ct.:rfbed lIS
follow!:
~ginning 8r a one.1nch Irnn Jripe IMfJrinl the southM!st ct'JOleJ' of ~ ~d
62.S11.,ftcre trad, ~d '-Um~r t.mS In the eut rfgbl-or.W1IJ of' lite 011 & SA
IW.tmad.
,
TlrnNCB N. 7. Iff 32- W. with tG1fd east 'Ighl-of-my. at 502.83 r~ rt.~ I
thl~-lneh Iron. rire f(lt' the nonbw~ eotner of the said 62.512 lJCte-trBct and the
routhwe~ eomer of the 52.4-D,~ tmc:1. In ~'604.92 red 10 an bon nxJ fOt the
nonhwe5t comer of the trnet being descrIbed;
1 HENCB S. 89. .59' 4.'5" H. 390.86 feet (0 an iron rod for the northeast comer of
thr . .,ct being desaibed;
nJeN~ S. to" .t4' 58W W. fi10.69 red to an Iran rnd for the soutMa.~ comeI' cr
the Uact belnl de5lCribed. said eOll1H being In the south lIne of the said
62.~ l2-Ge", tract;
TIJENCE N. 89" 59' 45" W. with said line a ~Mce of 200.0 fe!l to the ploee
or beginning and cont.gjning 4.069 BCres of land.
EXHIDIT n An
Ordinance No. 98-2259
e
e
EXIIIBIT "A"
INDUSTRIAL DISTRICT AGREEMENT
WITH BAY SHORE INDUSTRIAL, INC.
All that certain tract or parcel of land, consisting of 32.9112 acres in the W.P.
IIarrls Survey, A-30, IIarrls County, Texas:
BEGINNING AT THE intersect ion of the south right-of-way line of McCabe Road
and ,the west right-of-way 1 ine of State lIighway 146j
THENCE in a southerly direction coincident with the west right-of-way line
State IIighway 146 to its intersection with the north boundary of the
former Bayshore Municipal District Sewage Disposal Plant a 4.069 acre
tractj ,
n~NCE northerly and westerly coincident with the eastern and northern
boundaries of the former Bayshore Municipal District Sewage Disposal
Plant a 4.069 acre tract to its intersection with the east right-
of-way of the G.H.& S.A. Railroadj
TIIENCE northerly coincident with the east right-of-way line of G.II. & S.A.
Railroad to its intersection with the westerly projection of the
south right-of-way of McCabe Roadj
THENCE easterly along the south right-of-way line of McCabe Road to the
POINT OF BEGINNING, said tract befng 32.9112 acres.
Said 32.9112 acres being more particu'1ar1y described in Exhibit NAn, Tract I,
Tract 2, and Tract 3 Bayshore Industrial, Inc.
e
e
EXIIIOf'r "An
'rnAC'l' I
IlAYSIIOnE INUUS'l'nlAr., lI~C.
Delng 14.6253 acres of land out of the C.I". McCabe 20 acre tract In
the "'.P. lIarrls Survey, Abstrac\: No. 30, lIarrls County, 'rexas, 8ald
trac\: being described as followsl 8ead,ngs are hased on I~orl:h 070
35' 20~ West as per record description.
DEOHItIINO'at a point on the'Hesterly right-of-way line of ee-Iocated
State IIlghway No. 14fi, where same Intersects the South rlghl::-of-way
line of McCabe Road (00 feet wide) 8ald pain\: being marked hy a 4 K
4 concrel:e right-of-way marker (top now brokon off) for ths
Northeast corner of the herein ('escrlbed tract,
'['IIENCE SOllth 230 40' 36" West, with the Hester1y llne of said State
Illghway 146, a distance of 507.27 feet to a 4 x 4 conceete eight-ot-
way \Darker for corner, said pain\: being the 1I0r\:heast corner of a
called 18.4205 acre tract now or formerly owned hy tho Carla
,Company, et ai,
"'''ImCI3 SOl/th 000 2J' 39" I"est, along the North line of said 10.4205
acre tract and generally along a fence (as shown on survey map) at
250.40 feet passing the center line of lIaccls County Flood Control
EaBement tlo. AI04-0!J-00, at 710.25 feet and 0.32 feet SOllth passing
a 2 Ine:h pIpe, at .1009.00 teet passing a .1/2 Ine:h Iron pipe on Hnl!
ani' continuing In all 1040.61 feel: 1:0 an Iron "'1'" rall fence post
sel: In concrete (found broken off level with the ground and leanln9-
reset) for corner, said point helng In the I~ast rlght-of-\/ay lIno of
the flouthern ['aclflc nallroal' 100 foot rlght-of-Ilay (basel' on the
con\:ee line location of \:raots),
'1'lmNCIS Noeth 07. 35' 20~ West, along the ISast .1lne of said rallroad,
530.60 feet to a 5/0 Inch Iron rod set for corner from which 'a 3/4
Inch Iron pfpe Is found 1.60 feet South and 1.10 f.eet '~ast, said
point beln'] In the Bouth line of said McCabe !toad,
"'lIImCIS 1I0rth 00. 35' 30" 'Sas!:, along tho SUllth Uno of ~'cCahe Rood
and generally parallel 1:.0 alld 1..110 feet tlorth of a fence al:. 31.U7
f.eet alH1 2.50 feet South passing a 3/" 'nch Iron pipe at 703.10 fee\:
pasalng the center line of 8ald rlraln easelllellt and continuing In all
13"7.57 feet to \:he PLAC~ OF BEOINNINO and containing wltllln the88
calls 1<1.6253 acres of land.
e e
EXIIIOI'l' "A"
'l'nAc'r 2
8A Y SllOR8 I1UlUS'rn 1 ^ I., me.
lIu11111 II 11.1300 IICl'e ta:nct of 11111.1 ,1cllllltUel JII I:llu II. I'. IIl1rrJd SlIrvuy. A-311.
1I1I1"I'1.s ClIlInt)'. '1'lUCIIsl uIIJ,1 11.131111 IIcru U:llct lit 'JIIlIII "uJIIU Ollt Ilf LIIIII: cuuIIJn
10.'12115 IIcrn U'IICI: of ]111111 COllyeyec\ "y 1111111.. 1ll/II'Il'S '1IIVUUI:III11IlC (:OIllIIflIlY to II.
'1'. (,:II\.tel': 'l'rllsCuo 111,,1 !Julllll tllu dllCU11l1 I:I'IICC 1111 11I1I1I1:JlI1IIIII In tllo Ildllll ut rucotel
fllueI 1II"IUl' 1I1I1"L'18 ClIlIlICy rnel'l(11I Irlln 1111. IWI71i6ll. '1'1111 0.1300 IIcro ~tncl: of
Il1nd 111 lIIure IllIrl:lclllody d08ctlbe.1 by IlIul:OII III III "1111111111 1111 foUouul
110111111111111 lit n IIII!!:II). 1111111: 111 ClIlll:l'utOI fllllllll fol' tllll 1I01"tlllllllll: conlUt IIf
thu 11l~...:ln dedl:rl"/Il1 tnlce; uII1,1 1101111: "nlllll 1:111111:"111111: \llth tho "IISI:yrly "oulIllury
Hllo of nf thu 0.11. 6. n.A.It.It. C:lIl11ll1l11Y 1110 I'UIII: 14111u I'luht-of-\lIIY 1111" Ilulllll
thu SlIlIthlluut cornllr IIf thllt ClIl'tlllll I II .'15 IICfl1 tl'lICt I)f lllllll l'onll\:l"1 y InlIIUl1
hy C. I,'. "cUllba.
"hl!llCII, \I OliO 231 39" !~.1 eolllcldullt \lith thu lIollth boullllllry 111111 of tho
'.'
IIful'edllJc\ 1'../15 acrp 1:1'801="0[:11111,11 II d18CIIIICU IIf 50.01) fuot 1:0 II 1/2 Jneh h'on
nul nllt fila: chll l/ua:l:hUllllt CI...II..'r 'of thu hUl'ulll 1IIIIIcr!,,!!,1 trnct I)f 11111'\'
'l'hulIC U . S 90 1111 211" III II 1II,It II11CII IIf 21l1l.011 tuut tu II 1/2 J II dl 1 ro,I i011
UIlC fill' thll 9nllLhllllut l:lIl'nor IIf .thlo 0.1 ]UII /lCI'1I tl'/lCt of 1/1,"1.
'I'huncu. II 70 3S,I 20" III co'ncJllullt IIleh 1:1111 ItllUII rI y rJ.uhc:-ol-II/1Y IJno
. lies c:url y hllllnlllll' y Uno of tho /I f orOdll III
IIf thll /lforll:1I1JII n.ll. l!. n.A.II.n. /lull thu
11I,I,211:i 11':1'11 "'",lI1:t! /I ,1I1I1:lInl:" ..t 1!l1.55 I,JUt LlI Lhu I'ClIII'I' 01' IIIWllIlIlIlCl.
~n~
...." ........~.(f''')
'-.' 1\.. ...."
^,,:' .' \" ,7' ....lI'
. J ~ ~..
:......WilS. Y.'iili:i!' \...
...:,....... .... .... '" ....."
.0'.' ,. 2/121 .:~
e,'. . ~ 0 .' q,.
~ c9':"!/:J,r.,,~:..:~I)
. !J:"'siii~.;'
~e-I../ ae:? ,It::L ,--__ 'we
. ^' m!1 I~. III~C:K
'r~XAS IIIWISTI!REII J'III1!.\(: SUnVI~YUll IIn. 2(121
IIA'I'r! I IflJVI!llIIlm 12, I !IRI
,ifIll 1111. 1',36-01
e e
BKIIIBI'l' "1\"
TnI\C'l' J
81\ Y slIon E IIIDU s'l'n 11\ I, , mc.
EII:II"I~ 1/1.1::':51 tle,',u, .:./' I ill".. I , hl':"'U' .:." Irdnl!l, !.te""1I .1\ p",'1; .:.r l'
c_'1II."1 1/I.,,;::ll:5 aCI'';' I;"~II:I; .:..' 1111,.1, t1lt""Lurl Ir, \;IIIlI 1,1. ... 1I1ll"'IIL
I:ill""'!).', 1,I!.Iot"bCI; N.:.. 3V1, IlllI.,'liI r':':".,r,ty, lElIIIIIl. .ur,d IlaJr"ll",':"'1!I
'H,,'I; J c:""I a,'1 y r1tilue,'lhl!rd hy ",,,,t 'J'" ill',1I b,,:",II',1:I1i ..II 1'.:.II..:..,u,
i)
':.EI3' NI., 'Io/n II I; A 'I I,"".:h !ly 'I I,',eh c.:.!",..."'., I: I. ,'J 111,10 -':. f-..u,y ,,10'11' I',f! "
r.:.',".... I'.:." I; hw I'I,~,,'I; 11111.131: C,:"""."'" .:.,. thu "'ll/"U I,., .'I'H"C,'IIIIIII t ".~e t '!,r,d
thl! n':.lll:hal,st (,:,:.,'r,,'''' .:01' a 1',. ',5 LII:WI1 t,'ac!:. I" till;! lInat,",'ly
l'IUht-o:,.f-wuy 1II"'l! col' !lI;.~h'. 11111"11.')' H.:.. I'll:', IMli"1I 1.:.r:at'it,1 fl':",I:h
23 ,Ill/II"II"!!. Jf. ..dYtul:au, 1/1"/ t1111".:':""lrlt'l Urdst. 1\ ,1I1\tlll"":u .:.f '~~J17. 5/,;
flitet I,":"" a " J r,ch hy 'I I r..:h co.-,cl'nt.:! I'IIII'I:'-.:.I'-I"ay ',UI/'I',I!I' 1'';'',11",1
III: tile- I r.l:s,'sp-ct J ,;:,r, .:of till" I-Il.1Iil:l',..., y 1'llIht-.:.f-'~ll)' I J nu ,:.r Stntu
Illol1l'lay N.:,. I'.E. 1"lth th,! ti':'l.It'"wly 1'llIht-'.:,f-"".IY I I 1'1 It of JoId~L"J'!
Ik..nll' .
TIIE'.":J: fj,:'lIth 2.1 ",iflll'El,!!;, ;:'lil "d r,,,l:ulI, :';5 &1II.:.:;,..la IlIu;!; 1,::.11111.:1
I'b,'lh ~.~ "1!I11"I.!E".. t15 11,1 ""',1 t 12&1 , .1::-i 1iI11:,:'I","15 E..,.ut I ,,1':""11 II"" ,11th t'"]
lIu!Jbwly 1"nht-.:,f-tUlY 111',i!! .:... (j1:...I:II 11I1I'1l'//lY '.1.:.. I",,~. 01 ,'lIutcII'I'::u
(;.,. I :H:.F... ':I', fl!lo\lt 1;.:. d' " """.:" hy " 11',1::1', ':':"'I':,.,!\;EI ,'I..."t-.:.I''''''h)'
"..:,r,I.II.II.r,l: f.:..' ,:.:.,"',!;'fl' 'I'I /I ""lfll':'-' 1II'I1!I, '"l1l ,"II I.., thl!l I:' II UI: U,'I y II r,il!l
e,1' ~, ',.IlIf.,';) lll:,'\D t"~ll~l: .~r loZ.l"""
'11IE'I.,c,r ....jl.th I:~ ,h. nI 'U!lUtl, 3' ",/","llJlJ. 3~1 I!.'":':'I',I'ID E.!I!!i': 'c.III,"'
.:io;.l.It" 10 . "lIII ,'eUlli, ;::." "'/"".,tl:ll:l. 1l'~S 11'01:,:.","11 L1~lIlt I " ..Isltl\l',.:_, .;.,',
15'.."'I~ "UElI: 1;.:. l' 1I,:oIr,1: f':.I' I::.:.,....~II. Irl ,:.,:",.:".,":11 "t ." far,.:", r.':"'(III'"
TIII:"'CI!: 8':".It... U':J ""'II"filll"'. f(1 ""","lall', '1':1 ""1':.;.,',1105 \-/ti,"t .. ,11 ut.a",C:1II
.:.f 3~111o. "1', feElt t.:. .!\ ...,~.. 0',1; I'.:." (:.:'...".",. 11'1 (,.:."":,.,,.tlll .hl: ., 1'111'1'':&1
c.::O'....II'.. I" Lllu l~i.utu.'1 Y 11,',(., .:01' tl.~, 13, II, I ll. n, 11. 11. {:':"
... 'II" I: - .;, I' -"1<\ Y I
'rlIEI.,Cr: ",.:.,'I;h Vl1 ,h'III'IIIlIl. 3:1 Ild"".t:nu, i::0 IHII:,~,!","tJ ~'IIBI: al.:.r,n oIIr.cJ
wi 1:11 I:he EI,utu.-Jy Ilr,l:! ()f lS.d,' U. II. I n. n. II. 11. C.~~.
l'IIII"t-.:,r-way, II "'st.,r,c:II 0:01' 11':.11.'111 I'r;wl: 1;.:. Il I/;~, I"ch I,'o:.r, plPB
Iiltl I'.:." r:.:.,''',I!'', h.", I'll thlll 1.1.:.ul; U':""I;II r:,:,,'I','l" ;,:01' " Ill. I 31l,lI '.II:I"U
I; ,'ilr: I: 1
'1IIENI":Il I".:,,' 10 I. VI';) .Io"I'I.....nE', '''' 1,,1 ro",l: U,I, ;:::~') 5 ,,":.:.r,lI" E illll: o!l ," \I t llf,'::"
.:01' .=:oI.I/,."/J fe.,,1; t.:.", IIi:: I...cll II":'''' I"III!! .",1: ,.:..' 1:11.. III.:.ElI: f:'11I:lt
1':.:.""",, .:'., a., I d V'. l.lltlU ,":1'''' ll'".!::1; ,:01' 1.11".'1, I.., UIIlI !i.:.l.ILh II fir:! ,:., ;"
I ,,. '.: i c,.~ ,'1" 1:,.' ..,,: I; ,:,01' Ii' rod I
TIIEllr:E 1_1.:,,'1;11 IlII IIL!lI,"~'Hi. .~:;~ "Ii rll,I:l.Ili. :=;~J "'~I:.:...,"s 1:i1ul; le.,II,ul
flol.ll:h nIl 1"~"I'li!eEl, 2', "II"'.,I:'Hi, :';11 IUH;':'l'ldll 1I1!1i1:1 1...,:.1.'11 ill',II ,.,Ith till!
fk.u!;II IJr,II o:.f aalll JlI. '.5 .!lr:,',. I;"l,cl: .:,,' l.u,,'l, l' .JluI:J'ftCII 0:01' ~11I2. (:."'
f'~'at t.:. I;lm 1""1:'. Of Ijlllll"...I",n 'u,,1 .:.:....1:0...'.1..'11 11.1.1:'-;:)1 .!I,:,""! ,:.1' 1.,(.eI. 1o..;)"1!I 0:.1' I ,;j,u'.
"
;:~~I~:I~;~:.:I'" "II&I.tl,II.III,,, '"' .....
"IC 51Alt otJ'E~'sl.'.'"'I''''''''''J:\'m,7.::1.I:''''tl'''
. ,CUlm ~ UI'/" "II~ ..11'....".,
I hCllb, r t.,. I'. Ib I
Sr",..,..:... II ~ II "In""bll"l... lIun '
'1.lr "'I',,"llr~ ". ,",1.1 tI., '10.' 1I1.'p.d! .t: "Ie 1I~IIOb"
"IIIi1 r.~"II' ,.01' "" bll,",' 'ubhlllnulI::':,"II' · ',..e;II'. ..,'
, ,. '''I "" ell .....",.
ill ^ Y :J I!.mo
e
e
EXHIBIT "B"
INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF LA PORTE AND
BAYSRORB INDUSTRIAL, INC.
Company agrees that it will not, during the term of this
Agreement, use the tract(s) of land described in Exhibit "A" to this
Agreement, for any purpose other than the purpose for which said
tract(s) of land are being used on the date of execution hereof,
which is a blending, mixing and plastics processing operation.
Company's raw materials are plastic pellets from major American
producers and mostly food grade additives that are mixed into the
plastic. The final products by downstream producers are films, wire
coatings, insulation, and moldings for many applications including
household appliances and automotive uses. The waste generated by
Company shall consist principally of paper bags, corrugated craft
and wooden palettes, plus some scrap plastic. All plant waste that
is not recycled shall be disposed of in an approved sanitary
landfill. City shall not be obligated to dispose of Company's
waste. Company shall not dispose of any matter on the tracts of
land described on Exhibit "A"" by any method, including, but not
limited to, incineration, toxic emissions, disposal wells, burying,
or any other form of disposal.
Company further agrees that it will, during the term of this
Agreement, keep and maintain a "greenbelt" of trees and other
vegetation, in a minimum fifty foot strip of land, described as
follows:
A minimum fifty foot "greenbelt" alont] Company's property
line abutting the state Highway 146 r1ght-of-way:
A minimum fifty foot "greenbelt" alont] Company's property
line abutting McCabe Road, and extend1ng from the state
Highway 146 right-of-way, approximately 650 feet east: and
A minimum fifty foot "greenbelt" along COJllpany's south
property line, except for that portion of Company's south
property line required for rail track ingress and egress.
Company shall retain the right to create reasonable openings in
1)
2)
3)
such "greenbelts", for ingress and egress to its property.
e
e
REtEST FOR CITY COUNCIL AGENDA 1M
AGENDA DATE Mav 24, 1999
REQUESTED BY Jeff Litchfield. Finance Director/ACM
_ REPORT; _ RESOLUTION; -1QL ORDINANCE;
At the May 17, 1999 City Council Workshop, several changes were asked to be incorporated
into the Proposed Right of Way Agreement with Metricom. Attached is a revised version of that
contract. Major changes made to the document were in the following areas:
2. - Term - Changed from an 8 year initial term to a 5 year term.
4.1.1 - Fee reduction - Changed to where the only reduction of the fee would be if the City
imposed additional taxes or fees.
6. - Indemnification and Waiver - added clarification regarding what property was covered.
Council also wanted information provided on the Financial Condition of the company. We have
attached information we obtained over the internet from the Company's web site as well as
information obtained from E- Trade, an internet brokerage firm. City staff is not qualified to give
an opinion of the financial statements.
At this time, we are asking that Council consider approving the right of way agreement with
Metricom.
ACTION REQUIRED BY COUNCIL:
Approve or deny ordinance authorizing the City Manager to enter into a right of way use
agreement with Metricom.
FUND N/A
ACCT NUM:
FUNDS AVAILABLE:
:;0 If,
DAT {
e
e
ORDINANCE NO. 99- 2 3 ? 7 I ~
AN ORDINANCE APPROVING AND AUTHORIZING A RIGHT -OF-WAY USE
AGREEMENT BETWEEN THE Clrv OF LA PORTE AND METRICOM, INC. TO
LOCATE, PLACE, ATTACH, INSTALL, OPERATE AND MAINTAIN RADIOS ON
FACILITIES OWNED BY THE CITY, AS WELL AS FACILITIES OWNED BY THIRD
PARTIES, LOCATED IN THE MUNICIPAL RIGHT OF WAY AND AUTHORIZING THE
CITY MANAGER TO SIGN SAID RIGHT-OF-WAY USE AGREEMENT; MAKING
VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the Right-of-Way
Use Agreement in substantially the form as shown in the document which is attached
hereto and incorporated herein by this reference. by and between the City of La Porte
and Metricom. Inc. The City Manager is hereby authorized to execute such document
and all related documents on behalf of the City of La Porte. The City Secretary is hereby
authorized to attest to all such signatures and to affix the seal of the City to all such
documents
Section 2. The City Council officially finds. determines. recites. and declares
that a sufficient written notice of the date. hour. place and subject of this meeting of the
City Council was posted at a place convenient to the public at the City Hall of the City for
the time required by law preceding this meeting. as required by the Open Meetings Law.
Chapter 551. Texas Government Code; and that this meeting has been open to the public
as required by law at all times during which this ordinance and the subject matter
thereof has been discussed, considered and formally acted upon. The City Council
ORDINANCE NO. 99-2 3 _ ..
Page 2
e
further ratifies, approves and confirms such written notice and the contents and posting
thereof.
Section 3. This Ordinance shall be effective from and after its passage and
approval, and it is so ordered.
PASSED AND APPROVED, thisJ~ day of ~
,1999.
CITY OF LA PORTE
By: ~A.h1/-
. an L. Malone,
Mayor
ATTEST:
~bJJ .~Jpnl
a ha A. Gillette,
City Secretary
e
e
P.
~l' Metricome
980 University Avenue
Los Gatas, CA 95032
July 1, 1999
Via Overnight Mail
City of La Porte
604 West Fairmont Parkway
La Porte, TX 77572
Attention: Martha Gillett
RE: Right-aI-Way Use Agreement - An Agreement entered into by and between
the City of La Porte, a Texas municipal corporation, and Metricom, Inc., a
Delaware corporation, dated June 21, 1999 (the "Agreement").
Dear Ms. Gillett:
Enclosed please find a copy ofthe original, executed Agreement by and between
the City of La Porte and Metricom, Inc. dated June 21, 1999.
Thank you very much for your attention to this matter. Should you have any
questions concerning this agreement, please feel free to contact me at (408) 399-8204.
Sincerely,
.,'L:~-c
..-::...~ .
David M. Settles
Regional Contracts Supervisor
Enclosure
Telephone:
408.399.8200
FAX:
408.354.1024
.'
.'
e
e
LA PORTE
1Rtg4t-nf-DIIan laSt Agrttmtnt
IDS RIGHT-OF-WAY USE AGREEMENT (this "Use Agreement") is dated as of
. 1999, (the "Effective Date"), and entered into by and
between the CITY OF LA PORTE, a Texas municipal corporation (the "City"),
and METRICOM, ][Nc., a Delaware corporation ("Metricom").
m
iRecttal.s
A'. Metricom is in the business of constructing, maintaining, and operating a
wireless digital data communications radio network known as Ricochet@, a netWork
operated in accordance with regulations promulgated by the Federal Communications
Commission, utilizing Radios (as defined in ~ 1.13 below) and related equipment
certified by the Federal Communications Commission.
B. Subject to reasonable municipal regulations concerning the time, location,
manner of attachment, installation, and maintenance of its facilities, Metricom has the
right under federal and Texas law to install facilities in municipal public ways.
C. Metricom wishes to locate, place, attach, install, operate, and maintain
Radios on facilities owned by the City, as well as facilities owned by third parties,
located in the Municipal Right of Way for purposes of operating Ricochet@.
Agrrrm.ent
Nnw, t4rrrfurrf for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree to the following
covenants, terms, and conditions:
1 DEFINITIONS. The following definitions shall apply generally to the provisions of
this Use Agreement:
1.1 Agency. II Agency" means any governmental or quasi-governmental
agency other than the City, including the Federal Communications Commission
and the PUC (as such term is defined in ~ 1.12 below).
1.2 Fee. "Fee" means any assessment, license, charge, fee, imposition, tax, or
levy of general application to Persons doing business in the City lawfully
Rigllt-of-Way Use Agreement
City of La Porte :: Metricom, Inc.
page 1 of13
la porte2.doc (OSmas28ruw98ua1]
5/21/199912:43 PM
e
e
imposed by any governmental body (but excluding any utility users' tax,
franchise fees, telecommunications tax, or similar tax or fee).
1.3 Gross Revenues. "Gross Revenues" means the gross dollar amount
accrued on Metricom's books for Services provided to its customers with billing
addresses in the City, excluding (i) the Right-of-vyay Fee, if any, payable
pursuant to 9 4 et seq. below and any utility users' tax, telecommunications tax,
franchise fees, or similar tax or fee; (ii) local, state, or federal taxes collected by
Metricom that have been billed to the subscribers and separately stated on
subscribers' bills; and (iii) revenue uncollectible from subscribers (i.e., bad debts)
with billing addresses in the City that was previously included in Gross
Revenues. .
1.4 Installation Date. "Installation Date" shall mean the date that the first
Radio is installed by Metricom pursuant to this Use Agreement.
1.5 Laws. "Laws" means any and all statutes, constitutions, ordinances,
resolutions, regulations, judicial decisions, rules, tariffs, administrative orders,
certificates, orders, or other requirements of the City or other governmental
agency having joint or several jurisdiction over the parties to this Use
Agreement, in effect either as of the Effective Date or at any time during the
presence of Radios in the Municipal Right of Way.
1.6 Metricom. "Metricom" means Metricom, Inc., a corporation duly
organized and existing under the laws of the State of Delaware, and its lawful
successors, assigns, and transferees.
1.7 Municipal Access Program. "Municipal Access Program" means the
discount program described in 9 4.3 below.
1.8 Municipal Facilities. "Municipal Facilities" means City-owned street
light poles, lighting fixtures, electroliers, or other City-owned structures located
within the Municipal Right of Way and may refer to such facilities in the singular
or plural, as appropriate to the context in which used.
1.9 Municipal Right of Way. "Municipal Right of Way" means the space in,
upon, above (to the height of any Municipal Facilities), along, across, and over
the public streets, roads, lanes, courts, ways, alleys, boulevards, and places,
'including all public utility easements and public service easements as the same
now or may hereafter exist, that are under the jurisdiction of the City. This term
shall not include county, state, or federal rights of way or any property owned by
any Person or Agency other than the City, except as provided by applicable Laws
or pursuant to an agreement between the City and any such Person or Agency.
Rig/lt-of-Way Use Agreement
City of LA Porte:: Metricom, Inc.
page 2 of13
la porle2.doc {OSmas28row98ua1}
5/21/199912:43 PM
e
e
1.10 Person. "Person" means an individual, a corporation, a limited liability
company, a general or limited partnership, a sole proprietorship, a joint venture,
a business trust, or any other form of business entity or association.
1.11 Provision. "Provision" means any agreement, clause, condition,
covenant, qualification, restriction, reservation, term, or other stipulation in this
Use Agreement that defines or otherwise controls, establishes, or limits the
performance required or permitted by any party to this Use Agreement. All
Provisions, whether covenants or conditions, shall be deemed to be both
covenants and conditions.
1.12 PUC. "PUC" means the Texas Public Utility Commission.
1.13 Radio. "Radio" means the radio equipment, whether referred to singly or
collectively, to be installed and operated by Metricom hereunder.
1.14 Ricochet@. "Ricochet<ID" or "Ricochet<ID MCDN" means Ricochet<ID
MicroCellular Digital Network, a wireless, microcellular digital radio
communications network owned and operated by Metricom.
1.15 Services. "Services" means the wireless digital communications services
provided through Ricochet<ID by Metricom.
1.16 City. "City" means the City of La Po~e.
1.17 Use Agreement. "Use Agreement" means this nonexclusive Use
Agreement and may also refer to the associated right to encroach upon the
Municipal Right of Way conferred hereunder.
2 TERM. This Use Agreement shall be effective as of the Effective Date and shall
extend for a term of five (5) years commencing on the Installation Date, unless it is
earlier terminated by either party in accordance with the provisions herein. The term of
this Use Agreement shall be renewed automatically for three (3) successive terms of
five (5) years each on the same terms and conditions as set forth herein, unless either
party notifies the other party of its intention not to renew not less than thirty (30)
calendar days prior to commencement of the relevant renewal term.
3 SCOPE OF USE AGREEMENT. Any and all rights expressly granted to Metricom under
this Use Agreement, which shall be exercised at Metricom's sole cost and expense, shall
be subject to the prior and continuing right of the City under applicable Laws to use any
and all parts of the Municipal Right of Way exclusively or concurrently with any other
Person or Persons and shall be further subject to all deeds, easements, dedications,
conditions, covenants, restrictions, encumbrances, and claims of title of record which
may affect the Municipal Right of Way. Nothing in this Use Agreement shall be
Right-ofWay Use Agreement
City a/La Parle:: Metricom, Inc.
page 3 0/13
5/21/199912:43 PM
III porte2.doc {OSrlUlS28raw98ua1]
e
e
deemed to grant, convey, create, or vest in Metricom a real property interest in land,
including any fee, leasehold interest, or easement. Any work performed pursuant to
the rights granted under this Use Agreement may, at the City's option, be subject to the
reasonable prior review and approval of the City.
3.1 Attachment to Municipal Facilities. The City hereby authorizes and
permits Metricom to enter upon the Municipal Right of Way and to locate, place,
attach, install, operate, maintain, remove, reattach, reinstall, relocate, and replace
Radios in or on Municipal Facilities for the purposes of operating Ricochet@ and
providing Services to Persons located within or without the limits of the City. In
addition, subject to the provisions of S 4 below, Metricom shall have the right to'
draw electricity for the operation of the Radios from the power source associated
with each such attachment to Municipal Facilities.
3.2 Attachment to Third-Party Property. Subject to obtaining the permission
of the owner(s) of the affected property, the City hereby authorizes and permits
Metricom to enter upon the Municipal Right of Way and to attach, install,
operate, maintain, remove, reattach, reinstall, relocate, and replace such number
of Radios in or on poles or other structures owned by public utility companies or
other property owners located within the Municipal Right of Way as may be
permitted by the public utility company or property owner, as the case may be.
Upon request, Metricom shall furnish to the City documentation of such
permission from the individual utility or property own~r responsible. City
agrees to cooperate with Metricom, at no cost or expense to City, in obtaining
where necessary the consents of third-party owners of property located in the
Municipal Right of Way.
3.3 No Interference. Metricom in the performance and exercise of its rights
and obligations under this Use Agreement shall not interfere in any manner with
the existence and operation of any and all public and private rights of way,
sanitary sewers, water mains, storm drains, gas mains, poles, c;erial and
underground electrical and telephone wires, electroliers, cable television, and
other telecommunications, service provider, utility, or municipal property,
without the express written approval of the owner or owners of the affected
property or properties, except as permitted by applicable Laws or this Use
Agreement. City agrees to require the inclusion of the same prohibition on
interference as that stated above in all agreements and franchises City may enter
into after the Effective Date with other telecommunications providers and
carriers.
Right-of-Way Use Agreement
City of La Porle:: Metricom, Inc.
page 4 of 13
Ia porle2,doc [a5nuzs28row98ua1}
5/21/199912:43 PM
"
e
e
3.4 Compliance with Laws. Metricom shall comply with all applicable Laws
in the exercise and performance of its rights and obligations under this Use
Agreement.
3.5 Obtaining ~equired Permits. If the attachment, installation, operation,
maintenance, or location of the Radios in the Municipal Right of Way shall
require any permits, Metricom shall, if required under applicable City
ordinances, apply for the appropriate permits and pay any standard and
customary permit fees. City shall promptly respond to Metricom's requests for
permits and shall otherwise cooperate with Metricom in facilitating the
deployment of Ricochet@ in the Municipal Right of Way in a reasonable and
timely manner. The proposed locations of Metricom's planned initial installation
of Radios shall be provided to the City promptly after Metricom's review of
available street light maps and prior to deployment of the'Radios.
3.6 Notice of Location of Radios. Upon the completion of installation,
Metricom promptly shall furnish to the City suitable documentation showing the
exact location of the Radios in the Municipal Right of Way.
4 COMPENSATION; DISCOUNTS; UTILITY CHARGES. Metricom shall be solely
responsible for the payment of all lawful Fees in connection with Metricom's
performance under this Use Agreement, including those set forth below.
4.1 Right-of-Way Fees. In order to reimburse City for any costs it may incur in
connection with Metricom's entry upon and deployment with the Municipal
Right of Way, Metricom shall pay to the City, on an annual basis, an amount equal
to five percent (5%) of Metricom's Gross Revenues (the "Right-of-Way Fee"), which
amount will be collected from subscribers of the Services with billing addresses in
the City and remitted to City as provided herein. The compensation provided
under this section shall be payable for the period commencing upon the date that
Metricom first provides Services to commercially paying subscribers within the
City using Radios installed pursuant to this Use Agreement and ending on the date
of tennination of this Use Agreement, and shall be due on or before the 45th day
after the end of each calendar year or fraction thereof. Within forty-five (45) days
after the termination of this Use Agreement, compensation shall be paid for the
period elapsing since the end of the last calendar year for which compensation has
been paid. Metricom shall furnish to the City with each payment of compensation
required by this section a statement, executed by an authorized officer of Metricom
or his or her designee, showing the amount of Gross Revenues for the period
covered by the payment. If Metricom discovers that it has failed to pay the entire
or correct amount of compensation due, the City shall be paid by Metricom within
thirty (30) days of discovery of the error or determination of the correct amount.
Right-of-Way Use Agreement
City of La Porte :: Metricom, Inc.
page5of13
la porte2.doc {OSmas28raw98ua1]
5/21/1999 12:43 PM
e
e
Any overpayment to the City through error or otherwise shall be refunded or offset
against the next payment due from Metricom. Acceptance by the City of any
payment due under this section shall not be deemed to be a waiver by the City of
any breach of this Use Agreement occurring prior thereto, nor shall the acceptance
by the City of any such payments preclude the City from later establishing that a
larger amount was actually due or from collecting any balance due to the City.
4.1.1 Reduction of Right-of-Way Fee by Amount of Utility Users or
Telecommunications Tax. Notwithstanding anything to the contrary in
this Use Agreement, if the Services are subject to a utility users tax,
telecommunications tax, or other similar tax or fee by operation of the
City's Municipal Code, then the amount of the Right-of-Way Fee shall be
reduced by the amount of the applicable utility users tax,
telecommunications tax, or such other similar tax or fee.
4.1.2 Accounting Matters. Metricom shall keep accurate books of
account at its principal office in Los Gatos or such other location of its
choosing for the purpose of determining the amounts due to the City
under ~ 4.1 above. The City may inspect Metricom's books of account
relative to the City at any time during regular business hours on ten (10)
business days' prior written notice and may audit the books from time to
time at the City's sole expense, but in each case only to the extent
necessary to confirm the accuracy of payments due under ~ 4.1 above.
The City agrees to hold in confidence any non-public information it learns
from Metricom to the fullest extent permitted by Law.
4.2 Electricity Charges. Metricom shall be solely responsible for the payment
of all electrical utility charges to the applicable utility company based upon the
Radios' usage of electricity and applicable tariffs.
4.3 Municipal Access Program. In consideration of City's execution and
delive~'Y of this Use Agreement, City shall have the right throughout the term of
this Use Agreement to purchase, when such service is commercially available in
the City, up to the maximum number set forth below (based upon the City's
population) of Ricochet@ basic service subscriptions at the rate of fifty percent '
(50%) of the regular rate as current from time to time. The number of
subscriptions which the City may purchase at the Municipal Access Program rate
shall be determined in accordance with the City's official population, as shown
on the latest available census data, as follows: (a) for municipalities with a
population of less than 100,000, up to a maximum of twenty (20) discount
subscriptions; (b) for municipalities with a population of 100,000 to 249,000, up to
a maximum of thirty (30) discount subscriptions; (c) for municipalities with a
Rigllt-of-Way Use Agreement
City a/La Porte:: Metricom, Inc.
page 60/13
la porle2.doc [OSmas28row98ua1]
5/21/199912:43 PM
e
e
population of 250,000 to 500,000, up to a maximum of forty (40) discount
subscriptions; and (d) for municipalities with a population of over 500,000, up to
a maximum of fifty (50) discount subscriptions. City understands and agrees
that Metricom's modems and equipment required to utilize the discounted
subscriptions and any additional service subscriptions or service options the City
may desire are expressly excluded from this special Municipal Access Program
rate and may be obtained from either MetTicom or an authorized retailer at
market rates current from time to time or under other promotional programs
which may be available from time to time in addition to the Municipal Access
Program rate. City shall use all subscriptions provided pursuant to this ~ 4.3
solely for its own use and shall not be entitled to resell, distTibute, or otherwise
permit the use of the same by any other Person.
5 RELOCATION OF RADIOS. Metricom understands and acknowledges that City may
require Metricom to relocate one or more of its Radios, and Metricom shall at City's
direction relocate such Radios at Metricom's sole cost and expense, whenever City
reasonably determines that the relocation is needed for any of the following purposes:
(a) if required for the constTuction, completion, repair, relocation, or maintenance of a
City project; (b) because the Radio is interfering with or adversely affecting proper
operation of City-owned light poles, traffic signals, or other Municipal Facilities; or
(c) to protect or preserve the public health or safety. In any such case, City shall use its
best efforts to afford Metricom a reasonably equivalent alternate location. If Metricom
shall fail to relocate any Radios as requested by the City within a reasonable time under
the circumstances in accordance with the foregoing provision, City shall be entitled to
relocate the Radios at Metricom's sole cost and expense, without further notice to
Metricom.
5.1 Relocations at Metricom's Request. In the event Metricom desires to
relocate any Radios from one Municipal Facility to another, Metricom shall so
advise City. City will use its best efforts to accommodate Metricom by making
another reasonably equivalent Municipal Facility available for use in accordance
with and subject to the terms and conditions of this Use Agreement.
5.2 Damage to Municipal Right of Way. Whenever the removal or relocation
of Radios is required or permitted under this Use Agreement, and such removal
or relocation shall cause the Municipal Right of Way to be damaged, MetTicom,
at its sole cost and expense, shall promptly repair and return the Municipal Right
of Way in which the Radios are located to a safe and satisfactory condition in
accordance with applicable Laws, normal wear and tear excepted. If Metricom
does not repair the site as just described, then the City shall have the option,
upon fifteen (15) days' prior written notice to Metricom, to perform or cause to
be performed such reasonable and necessary work on behalf of Metricom and to
Rigllt-of-Way Use Agreement
City of LA Porte:: Metricom, Inc.
page 70f13
la porle2.doc {OSmas28row98ua1]
5/21/199912:43 PM
e
e
charge Metricom for the proposed costs to be incurred or the actual costs
incurred by the City at City's standard rates. Upon the receipt of a demand for
payment by the City, Metricom shall promptly reimburse the City for such costs.
6 INDEMNIFICATION AND WAIVER. Metricom agrees to indemnify, defend, protect, and
hold harmless the City, its council members, officers, and employees from and against
any and all claims, demands, losses, damages, liabilities, fines, charges, penalties,
administrative and judicial proceedings and orders, judgements, remedial actions of
any kind, all costs and cleanup actions of any kind, and all costs and expenses incurred
in connection therewith, including reasonable attorney's fees and costs of defense
(collectively, the "Losses") directly or proximately resulting from Metricom's activities
undertaken pursuant to this Use Agreement, except to the extent arising from or caused
by the negligence or willful misconduct of the City, its council members, officers,
employees, agents, or contractors.
6.1 Waiver of Claims. Metricom waives any and all claims, demands, causes
of action, and rights it may assert against the City on account of any loss,
damage, or injury to any Radio or any loss or degradation of the Services as a
result of any event or occurrence which is beyond the reasonable control of the
City.
6.2 Limitation of City's Liability. Notwithstanding anything to the contrary
in this Use Agreement, with respect to damage to the Radios or the Ricochet@
system caused by the City, the City shall be liable only for the cost of repair to
damaged Radios arising from the negligence or willful misconduct of City, its
employees, agents, or contractors and in no event shall be liable for any
consequential, noneconomic, or punitive damages in connection with such
damage, including damage to the Ricochet@ system by virtue of damage to any
particular Radio or Radios.
7 INSURANCE. Metricom shaIi obtain and maintain at all times during the term of this
Use Agreement commercial general liability insurance and commercial automobile
liability insurance protecting Metricom in an amount not less than One Million Dollars
($1,000,000) per occurrence (combined single limit), including bodily injury and
property damage, and in an amount not less than One Million Dollars ($1,000,000)
annual aggregate for each personal injury liability and products-completed operations.
Such insurance policies shall name the City, its council members, officers, and
employees as additional insureds as respects any covered liability arising out of
Metricom's performance of work under this Use Agreement. Coverage shall be in an
occurrence form and in accordance with the limits and provisions specified herein.
Claims-made policies are not acceptable. When an umbrella or excess coverage is in
effect, coverage shall be provided in following form. Such insurance shall not be
Right-of-Way Use Agreement
CihJ ofTA Porle:: Metricom, Inc.
page 8 of 13
III porle2.doc [OSmas28raw98Ull1]
5/1.1/1999 12:43 PM
e
e
canceled or materially altered to reduce the policy limits until the City has received at
least thirty (30) days' advance written notice of such cancellation or change. Metricom
shall be responsible for notifying the City of such change or cancellation.
7.1 Filing of Certificates and Endorsements. Prior to the commencement of
any work pursuant to this Use Agreement, Metricom shall file with the City the
required original certificate(s) of insurance with endorsements, which shall
clearly state all of the following:
(a) the policy number; name of insurance company; name and
address of the agent or authorized representative; name,
address, and telephone number of insured; project name and
address; policy expiration date; and specific coverage
amounts;
(b) that the City shall receive thirty (30) days' prior notice of
cancellation; and
(c) that Metricom's insurance is primary as respects any other
valid or collectible insurance that the City may possess,
including any self-insured retentions the City may have; and
any other insurance the City does possess shall be
considered excess insurance only and shall not be required
to contribute with this insurance.
The certificate(s) of insurance with endorsements and notices shall be mailed to
the City at the address specified in ~ 8 below.
7.2 Workers' Compensation Insurance. Metricom shall obtain and maintain
at all times during the term of this Use Agreement statutory workers'
compensation and employer's liability insurance in an amount not less than Five
Hundred Thousand Dollars ($500,000) and shall furnish the City with a
certificate showing proof of such coverage.
7.3 Insurer Criteria. Any insurance provider of Metricom shall be admitted
and authorized to do business in the State of Texas and shall be rated at least A:X
in A.M. Best & Company's Insurance Guide. Insurance policies and certificates
issued by non-admitted insurance companies are not acceptable.
7.4 Severability of Interest. Any deductibles or self-insured retentions must
be stated on the certificate(s) of insurance, which shall be sent to and approved
by the City. "Cross liability," "severability of interest," or "separation of
insureds" clauses shall be made a part of the commercial general liability and
commercial automobile liability policies.
Right-ofWay Use Agreement
City oflA Porte :: Metricom, Inc.
page 90f13
5/21/1999 12:43 PM
Ia porle2.doc [05mas28TCTW98uaI]
e
e
8 NOTICES. All notices which shall or may be given pursuant to this Use Agreement
shall be in writing and delivered personally or transmitted (a) through the United States
mail, by registered or certified mail, postage prepaid; (b) by means of prepaid overnight
delivery service; or (c) by facsimile or email transmission, if a hard copy of the same is
followed by delivery through the U. S. mail or by overnight delivery service as just
described, addressed as follows:
if to the City:
CITY OF LA PORTE
Attn: City Secretary
604 West Fairmont Parkway
La Porte, TX 77572
if to Metricom:
METRICOM, INC.
Attn: Property Manager
980 University Avenue
Los Gatos, CA 95032
8.1 Date of Notices; Changing Notice Address. Notices shall be deemed
given upon receipt in the case of personal delivery, three (3) days after deposit in
the mail, or the next day in the case of facsimile, email, or overnight delivery.
Either party may from time to time designate any other address for this purpose
by written notice to the other party delivered in the manner set forth above.
9 TERMINATION. This Use Agreement may be terminated by either party upon forty
five (45) days' prior written notice to the other party upon a default of any material
covenant or term hereof by the other party, which default is not cured within forty-five
(45) days of receipt of written notice of default (or, if such default is not curable within
forty-five (45) days, if the defaulting party fails to commence such cure within forty-five
(45) days or fails thereafter diligently to prosecute such cure to completion), provided
that the grace period for any monetary default shall be ten (10) days from receipt of
notice. Except as expressly provided herein, the rights granted under this Use
Agreement are irrevocable during the term.
10 ASSIGNMENT. This Use Agreement shall not be assigned by Metricom without the
express written consent of the City, which consent shall not be unreasonably withheld,
conditioned, or delayed. Notwithstanding the foregoing, the transfer of the rights and
obligations of Metricom hereunder to a parent, subsidiary, successor, or financially
viable affiliate shall not be deemed an assignment for the purposes of this Use
Agreement.
Rigllt-of-Way Use Agreement
City a/La Porte :: Metricom, Inc.
page 10 0/13
5/21/199912:43 PM
fa porte2.doc [OSmas28row98ua1]
e
e
11 MISCELLANEOUS PROVISIONS. The provisions which follow shall apply generally to
the obligations of the parties under this Use Agreement.
11.1 Nonexclusive Use. Metricom understands that this Use Agreement does
not provide Metricom with exclusive use of the Municipal Right of Way or any
Municipal Facility and that City shall have the right to permit other providers of
telecommunications services to install equipment or devices in the Municipal
Right of Way and on Municipal Facilities; however, City agrees promptly to
notify Metricom of the receipt of a proposal for the installation of
communications equipment or devices in the Municipal Right of Way or on
Municipal Facilities. In addition, City agrees to advise other providers of
telecommunications services of the presence or planned deployment of the
Radios in the Municipal Right of Way and/ or on Municipal Facilities.
'11.2 Amendment of Use Agreement. This Use Agreement may not be
amended except pursuant to a written instrument signed by both parties.
11.3 Severability of Provisions. If anyone or more of the Provisions of this
Use Agreement shall be held by court of competent jurisdiction in a final judicial
action to be void, voidable, or unenforceable, such Provision(s) shall be deemed
severable from the remaining Provisions of this Use Agreement and shall not
affect the legality, validity, or constitutionality of the remaining portions of this
Use Agreement. Each party hereby declares that it would have entered into this
Use Agreement and each Provision hereof irrespective of the fact that anyone or
more Provisions be declared illegal, invalid, or unconstitutional.
11.4 Contacting Metricom. Metricom shall be available to the staff employees
of any City department having jurisdiction over Metric om' s activities
twenty-four (24) hours a day, seven (7) days a week, regarding problems or
complaints resulting from the attachment, installation, operation, maintenance,
or removal of the Radios. The City may contact by telephone the network
control center operator at telephone number (800) 873-3468 regarding such
problems or complaints.
11.5 Governing Law; Jurisdiction. This Use Agreement shall be governed and
construed by and in accordance with the laws of the State of Texas, without
reference to its conflicts of law principles. If suit is brought by a party to this Use
Agreement, the parties agree that trial of such action shall be vested exclusively
in the state courts of Texas, County of Harris, or in the United States District
Court for the Eastern District of Texas.
Rigllt-of-Way Use Agreement
City of LA Pom :: Metricom, Inc.
page 11 of13
III porle2.doc {OSmas28raw981Ul1]
S/ll/1999 12:43 PM
e'
e
11.6 Attorneys' Fees. Should any dispute arising out of this Use Agreement
lead to litigation, the prevailing party shall be entitled to recover its costs of suit,
including reasonable attorneys' fees.
11.7 Exhibits. All exhibits referred to in this Use Agreement and any addenda,
attachments, and schedules which may from time to time be referred to in any
duly executed amendment to this Use Agreement are by such reference
incorporated in this Use Agreement and shall be deemed a part of this Use
Agreement.
11.8 Successors and Assigns. This Use Agreement is binding upon the
successors and assigns of the parties hereto.
11.9 Advice of Displacement. To the extent the City has actual knowledge
thereof, the City will attempt promptly to inform Metricom of the displacement
or removal of any pole on which any Radio is located.
11.10 Consent Criteria. In any case where the approval or consent of one party
hereto is required, requested or otherwise to be given under this Use Agreement,
such party shall not unreasonably delay, condition, or withhold its approval or
consent.
11.11 Waiver of Breach. The waiver by either party of any breach or violation
of any Provision of this Use Agreement shall not be deemed to be a waiver or a
continuing waiver of any subsequent breach or violation of the same or any other
Provision of this Use Agreement.
11.12 Representations and Warranties. Each of the parties to this Agreement
represents and warrants that it has the full right, power, legal capacity, and
authority to enter into and perform the parties' respective obligations hereunder
and that such obligations shall be binding upon such party without the
requirement of the approval or consent of any other person or entity in
connection herewith, except as provided in S 3.2 above. In addition, City
specifically represents and covenants that City owns all Municipal Facilities for
the use of which it is collecting from Metricom the Annual Fee pursuant to ~ 4.1
above.
11.13 Entire Agreement. This Use Agreement contains the entire
understanding betWeen the parties with respect to the subject matter herein.
There are no representations, agreements, or understandings (whether oral or
written) between or among the parties relating to the subject matter of this Use
Agreement which are not fully expressed herein.
Right-of-Way Use Agreement
CihJ alIA Porte:: Metricom, Inc.
page 12 0113
5/1.1/199912:43 PM
III porie2.doc [OSmJIS28row98ua1]
e
e
1Jn UJitness w4.er.eaf. and in order to bind themselves legally to the terms
and conditions of this Use Agreement, the duly authorized representatives of the
parties have executed this Use Agreement as of the Effective Date.
City:
CITY OF LA PORTE, a Texas municipal corporation
By: (XJ)oI.Ak ~
Robert T. Herrera, City Manager
Date: S~ -"1 , 1999
Metricom:
METRICOM, INC., a Delaware corporation
By: )~, U) M~um.t
n Marquart, Esq.
[name typed] General Counsel &
Its: S8Rior VP Administration
Date: ;::r\1.~E. ~, ,1999
Approved As To Form
:~~~
Date: f:E.
Rigllt-of-Way Use Agreement
City o/La Porte:: Metricom, Inc.
page 13 0/13
5/21/1999 12:43 PM
hi porle2.doc [OSmas281T1W98ua1]
OF:,LIABILITY INSURA --, -..--. .
'"ACORD... CERTIFICA: E DATE IMMlDDJYY)
07/01/99
, - , - .' - .. ~. -
PRODUCER WSSF THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Woodruff-Sawyer & CO. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
220 Bush Street, 7th Floor ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
San Francisco,CA 94104-0000 COMPANIES AFFORDING COVERAGE
415-391-2141 COMPANY
A ChubbNigilant Insurance CO.
INSURED 007815 COMPANY
B ChubblFederal Insurance Co. -
Metricom Inc.
980 University Avenue COMPANY
Los Gatos, CA 95032-2375 C St. Paul Fire & Marine Insurance CO.
COMPANY
I D
COVERAGES " -". - " - , -,- - --.------............---
".. ,-, ..
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE (MM/DD1YY) DATE (MMlDDIYY)
GENERAL LIABILITY GENERAL AGGREGATE S 1,000,000
'0 COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/OP AGG $ 1,000,000
A I UI CLAIMS MADE ~ OCCUR 35291948 09/30/98 09130/99 PERSONAL & ADV INJURY $ 1,000,000
:= OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000
:= FIRE DAMAGE (Any ona fire) $ 1,000,000
MED EXP (Any ana person) $ 10.000
OTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $ 1,000,000
= ANY AUTO
J:l ALL OWNED AUTOS BODILY INJURY $
B ~ SCHEDULED AUTOS 73164541 09130/98 09/30/99 (Par person)
~ HIRED AUTOS BODILY INJURY $
J:l NON-OWNED AUTOS (Par accident)
0 PROPERTY DAMAGE $
~RAGE LIABILITY AUTO ONLY - EA ACCIDENT $
~ ANY AUTO OTHER THAN AUTO ONLY:
!= EACH ACCIDENT $
AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $
8UMBRELLA FORM AGGREGATE S
OTHER THAN UMBRELLA FORM S
l-"'JI TVX~~IfrlN~ II I1OJ~- ' ..
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY EL EACH ACCIDENT $ 1,000,000
C THE PROPRIETOR! fa INCL WV A9401217 09/30/98 09/30/99 EL DISEASE - POLICY LIMIT S 1,000,000
PARTNERs/EXECUTIVE 1,000,000
OFFICERS ARE: EXCL EL DISEASE - EA EMPLOYEE $
OTHER
DESCRIPTION OF OPERAT/ONSlLOCATlONSNEHICLESlSPECIAL ITEMS
City of LaPorte, itscouncil members, officers & employees are included as additional insureds but only as respects liability arising out of Metricom's
performance of work under Right of Way Use Agreement dated 6/21/99 as per form 40-02-0004 attached.
CERTIFICATE HOLDER, CANCELLATION 10 pay Notice For N~n-~~Y:II!~nt of Premium .
- ..
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of LaPorte EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
Atto: Martha Gilett, City Secretary ..lL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
640 West Fairmont Parkway BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
LaPorte, TX 77572- OF ANY KIND UPON THE COMPANY. In AGENTS OR REPRESENTATIVES.
AUTHORIZE~ENTATIV~./~ './1
.4~ A '-j. jA.
,I ......... -~ -
.' . .. ' ,. ~ 8 ACOR~ co~p..Q~TiQ~.::.~_ijj ~~
AC.ORD 25-5 (1/95) - - --
----- - ...""',.,
.,i' .'
e
e
...
U40-02-000u
1
-,'
Commercial Insurance
Cov"'eracre
z=,
Amendment
e;::r-:..~
----- '-
09/30/98
w'HC IS IN5:JRE:~: r.-iE \.'HC IS ~Ns.!F.E:~ FRGV~S!ON IS A~ENDa TO INC'_!JOE:
AS AN ADO!TrOAAL IN5'~:::ED T.-iE FSSCN OR OME~N!Z.ct'i!aN DESZGNAj::.J
SELO~f INCLUD!NG ~ ~:7=:D C~ ~PO!NiE~ ~~~E~S) CF~!C~~S AND ~PLOY-~:,
SUi ONLY ,.riM RES?S:7 TQ I~: Cu~~E:::C!~L GENERAL L!~a!L!iY FRcvrOED
BY rM!S POLICY ANC ~R:srNG CUT OF I~E aF~~~~!ONS OF THE N~~E~ rN~~RED
IN C:NNE:7ION 1.i!1ri i~: ~G:::EE~ENT F~R loieRK ?ERFC,=J1EO EET,.jEN i:-:'E
NA~e I NSt.:RE:~ AND i~E ?:.::::stN Q~ a:;G~""! ~ iI ON DES Z GN~ ,:!) ;acL,;.
IT rs F"'...:F.7~E~ AG?E::!). i:-i~= !,,jStJF.,=.NCE Ie: P~!:,,!,Q?Y UVE::? ,~NY T'~E~
C:LLECT!5L: rNSUR;'NC= CNL'f ;,!: RES?::i; T:-:E OP9ATTGN CF i~E N':I'!S
!NSURED.
ANY MUN!C!?ALITf RE~~!?EJ 7~ aE NA~EJ EY ANY CCNTR~Ci C~ P.G?~~~~,
FRcvrOED SWC~ CONi?AC7 OF. ~G?~~ENi IS ::~:::UiE!) F~!CF. TO ANY L~SS,
AND QNLY AS ?ES?::7S :PE~AT::NS CF CF. ON E:~AL~ OF. I.~E NA~EJ !NSUR~.
~}J'/~ A ()~ . . .
^ () I} ,J.. . .:~: Q --,..- ,._,.-.,-"""',.
, ". ' G ,~t_:e: ~a==: a=:: C::l::c..:...OI:.:! ..---- -----:--
^..~..... ... ':'I!:~~~"''''''''c' I"<;"-~"" ..c'7= r l"':"'M !NC
I ---- .--"--- 1._....---., .
. -: ~.. - :"e'" ':<::= 19 4e-
.. .._'-. . -..,I _. ...__ . .
P:-jC::C2:: \.:GCOP.!JF~ -S.:..YS? & C:.
5~N F~~NC!~~G. C~
,,---
~
---~~
'II aoz
..
e
W t. ~ h.WW.ri<o'h........V"IO"'.....1I1..6J..l"to..hlm
Metricom - Investor Relations
drt -, tI
HOME Bt., I'
No..
, -
'-...::..
~~~~~.: SELECTED CONSOLIDATED
Today'sStock FINANCIAL DATA
Price
RECEIVED
MAY 2 0 1999
ASS'T. CITY MGR./FINANCE J
100
05/18/19995:40 PM
Metricom -Investor Relations
Quarterly
Financials
Annual ReDorts
Reauest an
Investor
Information Kit
Rete'r A Frlendt
A'nd you
roe....ie two
morith.'fr..
..rv~f~t
e
http://www.ricochet.netlinvestors/annuaVI996/selected.htm
e
YEARS
ENDED
DECEMBER
31,
(in t/rousllnds,
except per s/rllre
dlltll)
1992
1993
1994
1995
1996
STATEMENT
OF
OPERATIONS
DATA:
Revenues:
Product $3,423 $8,173 $19,580 $4,995 $4,996
revenues
~ervice revenues 27 789 2,158
L__ __'" _..,____.__,___,~~~~~ment
2,982 1,884 1,957
~ -1111 revenues
Total revenues 6,405 10,057 21,564 5,784 7,154
20f3
Costs and
expenses:
Cost of product 3,197 6,401 15,116 3,134 2,528
revenues
Cost of service 1,244 9,360 16,587
revenues
Cost of
development 2,894 1,932 1,890
contract
revenues
Research and 1,809 3,256 8,668 9,145 9,896
development
Selling, general
and 3,366 5,027 9,695 12,029 19,495
administrative
Total costs and 11,266 16,616 36,613 33,668 48,506
expenses
Loss from (4,861) (6,559) (15,049) (27,884) (41,352)
operations
Interest expense (1,310)
Interest income, 408 410 3,300 4,363 3,317
net
Net loss $(4,453) $(6,149) $(11,749) $(23,521) $(39,345)
Net loss per $(0.61) $(0.74) $(0.96) $(1.79) $(2.93)
share
Weighted
average shares 7,286 8,353 12,202 13,240 13,473
outstanding
05/18/1999 5:40 PM
Metricom - Investor Relations
http://www.ricochet.netlinvestors/annual/l996/selected.htm
e
e
BALANCE
SHEET
DATA:
1992 1993 1994 1995 1996
Cash and $11,888 $25,020 $89,588 $64,415 $65,221
investments
Working 14,626 28,545 73,012 46,771 57,738
capital
Property and 1,702 1,990 10,170 17,717 33,606
equipment
Total assets 17,472 32,483 105,534 86,076 101,799
Long-tenn - 45,000
debt
Stockholders' 15,739 29,171101,516 80,374 43,306
equity
Back to Metricom 1996 Annual Report Table of Contents or go to next section
Management's Discussion and Analysis of Financial Condition and Results of
Operations
Home I Contact
Us I Site MaD
Copyright 1999 @ Metricom,
Inc. Privacv Policy
30f3
05/18/1999 5:40 PM
E*TRADE
_l
EI
-
[~,
.
Page 1 of2
e
Symbol(s):
00
Start with quotes: 0 Summary @ Detailed 0 Free Real-Time
Income Statements
1~ti?i~Eli1i;ll I::>ell 25 HE @ Mkt ~35 3/8) Executed _Bf May 20, 1 ~~ ~~+
Sponsored by: ~
Income Statement for I\IlETRICOI\llINC (I\IlCOI\ll)
Annual Income
Fiscal Year Ended: 1998 1997 1996
Net Sales: 15,859,000 13,439,000 7,154,000
Cost of Goods: 33,360,000 32,424,000 16,862,000
Gross Profit: -17,501,000 -18,985,000 -9,708,000
R & D Expenditure: 27,313,000 13,212,000 13,920,000
Sales G & A: 37,326,000 24,800,000 17,724,000
Inc Bef Dep & Amort: -82,140,000 -56,997,000 -41,352,000
Depreciation & Amort:
Non-Operating Inc: 1,915,000 1,820,000 3,317,000
Interest Expense: 3,939,000 4,151,000 1,310,000
Income Before Tax: -84,164,000 -59,328,000 -39,345,000
Prov for Inc Taxes:
Minority Int (Inc):
Invest Gains/losses:
Other Income:
Net Inc Bef Ex Items: -84,164,000 -59,328,000 -39,345,000
Extraordinary Items:
Net Income: -84,164,000 -59,328,000 -39,345,000
Outstanding Shares: 18,793,055 13,819,276 13,555,445
COPYRIGHT@ 1999 DISCLOSURE INCORPORATED, All RIGHTS RESERVED,
...1 AppLogic+ResearchSymbol ?INFOTYPE=INC&InputSelect_ security=EQ&SYMBOL=mco 5/20/99
E*TRADE
e
~com
e
Page 1 of2
~
Start with quotes: 0 Summary @ Detailed
Annual Balance Sheets
la~1I\fERtS38 tsell25 HE @ Mkt (353/8) Executed
ponsored by: ~
o Free Real-Time
Iil May 20, 1999 2: 19
PM EDT
Balance Sheet for I\IIETRICOI\llINC (I\IICOI\ll)
Annual Assets
Fiscal Year Ended: 1998 1997 1996
Cash On Hand: 19,141,000 9,784,000 15,246,000
Marketable Securities: 4,390,000 46,825,000
Receivables: 1 ,450,000 2,278,000 1,126,000
Inventories: 3,046,000 3,011,000 3,115,000
Raw Materials:
VVorkin Progress:
Finished Goods:
Notes Receivable:
Other Current Assets: 1,522,000 1,124,000 1,744,000
Total Current Assets: 25,159,000 20,587,000 68,056,000
Prop., Plants & Equip.: 5,555,000 25,875,000 26,776,000
Accum. Depreciation:
Net Plants & Equip.: 5,555,000 25,875,000 26,776,000
Subsidiary Invest.: 58,000 300,000 3,150,000
Other Non-cur Assets:
Deferred Charges:
Intangibles:
Deposits and Other: 3,694,000 4,341,000 3,817,000
Total Assets: 34,466,000 51,103,000 101,799,000
Annual Liabilities and Net Worth
Fiscal Year Ended:
__Notes Payable:
.. . : Accounts Payable:
, Ii1I Current Long-term Debt:
Current Capital Leases:
Accrued Expenses:
Income Taxes:
Other Current Liab.:
Total Current Liab.:
Mortgages:
~~Deferred Charges/lnc:
~~:'~':i":"7v::;;
bJ.,;o t; ~.:or..,..t 'l;.J:Jxl'. ">..~.. 'I. '" :-~.
1998 1997 1996
40,000 5,000,000
5,061,000 3,143,000 5,517,000
10,662,000 5,464,000 4,801,000
680,000 1,129,000
16,443,000 14,736,000 10,318,000
.../ AppLogic+R~searchSymbol ?INFOTYPE=ANNUAL _BETA_BALANCE _ SHEETS&InputSe 5/20/99
E*TRADE e e Page 2 of2
Convertible Debt:
Long-term Debt: 55,098,000 45,000,000 45,000,000
Non-cur Capital Leases:
Other Long-term Liab.: 768,000
Total liabilities: 71,541,000 59,736,000 56,086,000
Minority Int (Liab): 5,184,000 5,184,000 2,407,000
Preferred Stock:
Common Stock Net: 19,000 14,000 14,000
Capital Surplus: 191,184,000 135,466,000 133,298,000
Retained Earnings: -233,462,000 -149,298,000 -89,970,000
Treasury Stock:
Other Equities: 1000 -36,000
Shareholders' Equity: -42,259,000 -13,817,000 43,306,000
Total Liab. and Worth: 34,466,000 51,103,000 101,799,000
COPYRIGHT@1999 DISCLOSURE INCORPORATED, ALL RIGHTS RESERVED,
System response and account access times may vary due to
market conditions, system performance, and other factors.
Copyright @ 1999 E*TRADE Securities, Inc. All rights reserved,
Member NASD/SIPC. User Aareement. Privacy Statement. Version 1.0
,
.../ AppLogic+ResearchSymbol?INFOTYPE=ANNUAL_BET A_BALANCE_SHEETS&InputSe 5/20/99
'e e
-
.... .
e e
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: May 24, 1999
Requested By: Doug Kneupp.;A ~ , Department: Planning
Report OResolution X Ordinance
Exhibits: Ordinance
Bid Tabulation
Bidder's List
Summary & Recommendation
As part of the FY 98-99 Budget for Capital Improvement Projects, City Council approved
$200,000 for relocation of Girls Softball. Ballfield Lighting is a portion of the overall project.
The Little Cedar Bayou Park Ballfield #4 Lighting Project consists of constructing and
installing a lighting system for new softball field #4 at La Porte's Little Cedar Bayou Park.
The lighting system will have 6 new concrete poles, approximately 27 new light fixtures,
electrical conduit and wiring.
Survey, design and engineering were performed on this project utilizing City staff and
Packard Engineering Associates. On May 13th, 1999, the City received competitive bids from
two qualified contractors (see attached Bid Tabulation). Moore & Moore General Contractors
of La Porte, Texas submitted the low bid in the amount of $59,884.00. Contract will be
complete within 60 consecutive calendar days once "Notice to Proceed" is issued.
Staff has reviewed the bids submitted and determined the low bid from Moore & Moore
General Contractors is within the budgeted amount and Moore & Moore General
Contractors is qualified to perform this work. Staff recommends that the City Council
authorize the City Manager to execute a contract with Moore & Moore General Contractors
in the amount of $59,884.00 and further authorizing $3,000 (5%) contingency for construction
of the Little Cedar Bayou Park Ballfield #4 Lighting Project.
Action Required by Council:
Consider approving an ordinance authorizing the City Manager to execute a contract with
Moore & Moore General Contractors in the amount of $59,884.00 and further authorizing
$3,000 contingency for construction of the Little Cedar Bayou Park Ballfield Lighting Project.
Availability of Funds:
General Fund
X Capital Improvement
Other
Water /W astewater
General Revenue Sharing
Account Number:
01598927731100
Funds Available: X Yes
No
Approved for City Council Agenda
Q~T.~
Robert T. Herrera
City Manager
5 - 2.~ - q i
Date
e
e
ORDINANCE NO. 99- 2 3 2 9 ...,
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT
BBTwJ!iEN THE CITY OF LA PORTB AND MOORE . MOORE
GEIfBRAL CONTRACTORS FOR CONSTRUCTION OF THE LITTLE
CEDAR BAYOU PARK BALLFIELD .4 LIGHTING; APPROPRIATING
'62,884.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS
AND PROVISIONS RELATING TO THE SUBJECT; FINDING
COMPLIANCE WITH THB OPBN MEItTINGS LAW; PROVIDING AN
BFFBCTIVB DATE HBREOF.
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 $62,884.00
from Capital Improvement Fund 015 to fund said contract.
SectiOD 2. The City Council officially fmds, 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
e
e
ORDINANCB RO. 99- 2 3 2 9 -\ mt
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
confums such written notice and the contents and posting thereof.
SectloD 3. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
PASSED AND APPROVED, this May 24th, 1999.
By:
CITY OF LA PORTE
J1/l1?1~~/~
Norman L. Malone,
Mayor
ArrEST:
~ajl&u{
M a Gillett,
City Secretary
{
e
e
CITY OF LA PORTE
LITTLE CEDAR BAYOU PARK BALLFIELD #4 LIGHTING
CLP PROJECT #98-5204
BID TABULATION
~E:~'~;,~,~,~~~'~~~s~i~~!.~:;l~5f:t~~~j :'~n~\~::;::~f.' ','.',' nAYS to'" :,~}~~.'/~f.~S~!mHL;;::?;: :~ """'BASE BID";' ,'...,
. ~ . ...: ". .".. .... ",; u":
.: ...:.' _;' l_."". ..;::. /_ ".~: .."'?~.:.~. ",.'i;' )"ii~:;~ \~;::r~i,f::(~~:~/;,~:~:
, J COMPLEIE'~'
..' "'. ~. " . . .:.\" . ," ADDENOtJM #.1"'~"
.";' ~':'. .... . ...:.' ". ," ".,: :'.~. ~ . ::; ~:.~~;. ...:. ..' /. ,.",. ,0. '. .". ...~.' ,0. : ,-". .::...~.::{. 0":
PFEIFFER & SONS y 60 YES $64,288.00
MOORE & MOORE Y 60 YES $59,884.00
CONSTRUCTION (MOSER
ELECTRIC)
e
e
CITY OF LA PORTE
LITTLE CEDAR BAYOU PARK BALLFIELD #4 LIGHTING
CLP PROJECT #98-5204
Advertising
The Bayshore Sun - April 2Slh & May 2nd, 1999
La Porte-Bayshore
Chamber of Commerce
FAX: 281-471-1710
Bid Notice Faxed
Mitchell Electric, Inc.
12722 Hwy 3, Suite C
Webster, TX 77598
FAX: 281-480-0388
lames Lilly Electric
PO Box 1125
Kemah, TX 77565
FAX: 281-334-(>185
Bay Area Electric
4800 Todville
Seabrook, TX
FAJ<:281-474-7122
Moser Electric
402 S. VIrginia
La Porte, TX 77571
FAJ<: 281-471-9435
Simplex Electric
8520 Sweet Water
Houston, TX 77037
F AJ<: 713-688-8095
Texan Electric
7011 Dixie Drive
Houston, TX 7087
FAX: 713-645-6566
Pfeiffer & Sons, Inc.
PO Box 1116
La Porte, TX 77572
FAX: 281-471-6856
Contractors That Picked Up Plans & Specifications
Moore & Moore Construction Pfeiffer & Sons, Inc.
(Moser Electric) PO Box 1116
402 S. VII'ginia La Porte, TX 77572
LaPorte, TX 77571 FAX: 281-471-6856
FAX: 281-471-9435
-
.
e
e
SPECIFICA liONS
AND
CONTRACT DOCUMENTS
FOR
-
-
LITTLE CEDAR SA YOU PARK
BALLFIELD #4 LIGHTING
~...""....,,\
--:(f. OF TE. "
;~~~"'''''''''~d'\',
CITY OF LA PORTE, TEXAS i*/""* .....\:',
.,....................... ..........,
t DOUGLAS K. KNEUPPER ~
CLP PR~~:6~ ~g~ 98-5204 ~~;''''':':~'''''-:''''1''''''''''7if
~.
. f':... IS ..-
,,'.s:'o"'....~ J'
~l- tt!~';.-
e
e
REQUE' FOR CITY COUNCIL AGEA ITEM
Agenda Date Requested: May 24, 1999
Requested By: Doug Kneu.pp~-;;- Department: Planning
Report Resolution X Ordinance
Exhibits: Ordinance
Bid Tabulation
Bidder's List
Exhibit "A" - Sidewalk Replacement Locations
Summary & Recommendation
As part of the FY 98-99 Budget for Capital Improvement Projects, City Council approved
$50,000 for the City-Wide Sidewalk Replacement Project. There is approximately $13,000
remaining from the previous year's budget. The City-Wide Sidewalk Replacement Project
consists of the replacement of existing sidewalks in different subdivisions throughout the city.
Survey, design and engineering were performed on this project utilizing City staff. On May
13, 1999, the City received competitive bids from three qualified contractors (see attached Bid
Tabulation). The low bid was submitted by Purtis Construction of Houston, Texas in the
amount of $59,624.03. Contract will be complete within 120 consecutive calendar days once
"Notice to Proceed" is issued.
Staff has reviewed the bids submitted and determined the low bid from Purtis Construction is
within the budgeted amount and Purtis Construction is qualified to perform this work. Staff
recommends that the City Council authorize the City Manager to execute a contract with
Punis Construction in the amount of $59,624.03 for construction of the City-Wide Sidewalk
Replacement Project FY 98-99. In addition, it is recommended that the remaining funds of
$3,375.97 be utilized by Purtis Construction for additional sidewalk repair, for a total of
$63,000.00 for the project.
Action Required by Council:
Consider approving an ordinance authorizing the City Manager to execute a contract with
Purtis Construction in the amount of $63,000.00 for construction of the City-Wide Sidewalk
Replacement Project FY 98-99.
Availability of Funds:
General Fund
X Capital Improvement
Other
Water /W astewater
General Revenue Sharing
Account Number:
015-9892-709-1100
Funds Available: X Yes
No
Approved for City Council Agenda
B~T,~
Robert T. Herrera
City Manager
5 - tc)- '11
Date
e
e
ORDINANCE NO. 99- 2 3 3 0 "
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT
BETWEEN THE CITY OF LA PORTB AND PURTIS CONSTRUCTION
FOR CONSTRUCTION 01' THE CITY-WIDE SmEWALK
REPLACEMBNT PROJECT 1'Y98-99; APPROPRIATING '63,000.00 TO
FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIAKCE
WITH THE OPEN MEETINGS LAW; PROVIDING AN BFFECTIVE DATE
HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE:
SectiOD 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 $63,000.00
from Capital Improvement Fund 015 to fund said contract.
SectiOD 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
e
e
ORDINANCE NO. 99-') '3 3 0 ~_
~..
open to the public as required by law at all times during which this
ordinance and the subject matter thereof has been discussed, considered
and formally acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
PASSED AND APPROVED, this May 24th, 1999.
CI~TY OF PORTE
-~
Norm 'L. Malone,
Mayor
By:
ATTEST:
~/).iljJlJfI
M a Gillett,
City SecrelaJy A
~r/6/~
Knox W. Askins,
City Attorney
~-
~.~. -.~; ~~: : ~.~~
,"";.:
~:.'~"::.....~:':" ".
I~,i~ril\::":"
-'::~~~;'_T;,:. .~ .'
:1;' C, ,:, " .'
..,;:... ~'.
f',iiII.:.,r,... ,"
'.<<r",~.J ," .
~."< ! '
,:, ':' , .:;:!~~::. ::. ','
v.....,.. .'".
"." ':.-
','"
....., .
~;~~~~~\'t
~-~-:~~._:Lf~.
i'f
....'bl.l...
." ; ., '\1-
..J;l.:~:II~:I:!l:.1:'! ,"
.~~.i:x:<,:, '
~ ;:-:..i.t~, -.~ i:
-:~,&:~~;:' '" "
")~~i'~\'t . '.~.
;";.,
:l~:\~rtl:..f ' ..,
_J::;:..~\I.j:.., :
f; ~!,i,r i : ':
t. .'
."~. t.
",
~. I' .:..~...~..l~
. t.
'"!-"
, '
'}.,I. ';.,'
. . ~. :..
<'
-.)t.::
'-"!:1 'i'~;"
. ~ ...~~ ..
. '~".:4"' .
~';'
'-.,IO.t;: .
.~~:id';':'. "
'~~:n,M .~
f:l}t:;,
.-'\~~f!JX~~'.
,. 'I,!.., .~ .'
u~~--;... ~::;,
....',:"'!r,. .
". -, .~,:.' . '~i~.',: (. '.
~ ;' . .. ~J' .
'.,! .. .'tlo~i; I
:-:;:~.~ -:... ~', .
.'-'- - ~~~;:. I:;"
"~!- -'Fi-";
., ,
"
'1 tt. ..
:..: ':. ~ '-
. iiii ...... ""'~ I "
." i~;~~ii:' ,: ;'
: ~~C~.5~'.r :.', .'.
I t: i".I.~ ' . t' ./ ... .
(....1 . ~ .~. . .'
..A,
r~' '.'
'. ~i::J"l ~" .
~----
..
I ".. ;.
,.' -.
, I
.' . ..' ~..",
'. '. . '~.i'
:. . ....,)"
, "
,. ......1...... '.
~ ; ~: .;.: I' I
". ',;
.' .,
. ..' I . ~:} . " .
. '. ;.'
~ _ '.' '1.=' ~ ~ . II'
. . .' .J ~ . ........' ,a::, .
"I., :;?,~ .. '.
. . : '.' '. , ~.. .1 .:
t' . .. "
.... "
.' 1:-'
, "
.'
~ .,\ .
r.'
,~t .
e
e
""tAL\"
:, ....
l.,~ :~;
SPECIFICATIONS
AND
, :'CONTRACT DOCUMENTS
. ..~." .
. . .~. "...
FOR
r','
.~. .' .'
"Clty~WIDE SIDEWALK REPLACEMENT'
. , ,
,PROJECT FY 98-99
'. \:
. .';,!'
, .1'
. ~.
..' ;.
.." 1 ~.'
.' ~ , '" :
"
. :'
I.' .
,"
, '
.~ ~ ':-
".
. .' ~ .
, ,
;'.".
.-'. "
~'. .
,',',',',CrrY~.OF LA PORTE, TEXAS
,~ :
.: " .,
, :. ~.
',1 :.....,...
'.'
:.'a.
. . '. ... ..;.......,... .'
."., :.,;~\:..",:
...: :i ~ ..:" ~,
J. . . .1. ". .... .! T ~: :. ." '.
~..:. '
. :,-'
"Y'..;... ~.'.
'" -
... a'.."
'; , :.,1,": :"
... .,
'I.:
'. I' .' ;'~.
'.' .
"APRIL 1999
:; CLP, PROJECT NO. 99-4501
. '.~ ~~:"~
..:" ....
. ;
"; '.' .
,. '
..... :. , . I'
'.. .
, "
. ,
" '.
';,.,' .
..:'
.". .
'. '.'
.. .' ~
.,.... '..
. .
.' ,...
.' .. .11"': .
, ." ......
\.. '. ~ .'
, ':. . . ~
e
tit
CITY OF LA PORTE
CITY-WIDE SIDEWALK REPLACEMENT PROJECT FY98-99
CLP PROJECT #99-4501
BID TABULATION
PURTIS CONSTRUCTION y 120 $59,624.03
BROOKS CONCRETE y 240 $62,220.12
SER CONSTRUCTION, INC. Y 90 $116,869.20
e
e
CITY-WIDE SIDEWALK REPLACEMENT PROJECT FY 97-98
CLP PROJECT #99-4501
La Porte-Bayshore
Chamber of Commerce
FAX: 281-471-1710
Brooks Concrete, Inc.
4018 Allen-Genoa
Pasadena, TX 77504
PHONE: 713-947-8440
FAX: 713-947-8444
David Wight Construction Company
4300 Mandale
Alvin, TX 77511
PHONE: 281-331-1584
FAX: 1-281-585-4640
FORCE COlpomtion
POBox 1079
laPorte, TX 77572-1079
PHONE: 281-470-0550
FAX: 281-471-9627
MT Contlactors Company
PO Box 630674
Houston, TX 77263
PHONE: 281-493-4441
FAX: 281-497-6333
Portis Construction
14710 Park Alameda
Houston, TX 77047
PHONE: 281-433-1012
FAX: 281-433-1018
Steven R. Hill Construction
7782 Hammerly
Houston, TX 77055-1748
PHONE: 713-956-5861
FAX: 713-956-5817
Brooks Concrete, Inc.
4018 Allen-Genoa
Pasadena, TX 77504
PHONE: 713-947-8440
FAX: 713-947-8444
SER Construction, Inc.
2500 Citywest Blvd., Suite 1700
Houston, TX 77042
PHONE: 713-278-9890
FAX: 713-278-9892
Advertising
The Bayshore Sun - April 28th & May 5th
Bid Notice Faxed
Bill McDonald Construction, Inc.
702 Underwood Road
Deer Park, TX 77536
PHONE: 281-479-3030
FAX: 281-479-4337
Conrad Construction Company
PO Box 841134
Houston, TX 77284
PHONE: 713-937-3081
FAX: 713-937-1172
Derlc Harmsen Construction
2820 Center Street
DeerPaIk, TX 77536
PHONE: 281-479-3400
FAX: 281-478-5115
Jaho, Inc.
2003 Wilson Road
Humble, TIC 77396
PHONE: 281-446-4781
FAX: 281-446-6839
Moore & Moore General Contmctors
PO Box 1517
La Porte, TX 77572-1517
PHONE: 281-471-0145
FAX: 281-471-0601
R.L. Utilities
PO Box 1154
LaPorte, TX 77511
PHONE: 281-479-6567
FAX: 281-476-9996
Bluebonnet Stroder Co.
1006 Spencer Highway
South Houston, TX 77587
PHONE: 713-941-4804
FAX: 713-941-4887
DT Constnlction, Inc.
107 W. First Street, Suite 207
Humble, TX 77338
PHONE: 281-540-2411
FAX: 281-540-0174
Follis Construction
III N. Broadway
La Porte, TX 77571
PHONE: 281-471-6881
FAX: 281-471-6038
Jesse Vega Construction Co.
2019 Pasadena Blvd.
Pasadena, TIC 77502
PHONE: 713-473-1552
FAX: 713-473-1848
Park Constructors
PO Box 986
Rosenberg, TX
PHONE:
FAX:
77471
281-342"()()31
281-342-8967
Steven R Hill Construction
7782 Hammerly
Houston, TX 77055-1748
PHONE: 713-956-5861
FAX: 713-956-5817
Contractors that Picked up Plans & Specifications
Allcon Builders & Constructors Purtis Construction
PO Box 40 14710 Park Alameda
La Porte TX 77571 Houston, TX 77047
,
PHONE: 281-725-4106 PHONE: 281-433-1012
FAX: 281-470- FAX: 281-433-1018
Bluebonnet Stroder Co. C&D Constructors, Inc.
1006 Spencer Highway PO Box 23264
South Houston, TX 77587 Houston, TX 77028-77228
PHONE: 713-941-4804 PHONE: 281-442-2468
FAX: 713-941-4887 FAX: 281-442-2415
EXHIBIT
SIDEWALK REPlACEMENT LOCATIONS
CLP #99.4501
"An
...
iQ'
...
~
21
"?
:z:
::::;
24
~
S. LINE OF SHADY RIVER SUBD.
SHADY RIVER
--u'j'1
i 2
I
-
C
_~IL
23
JL
- 1$
1$
~
14
IIIf:
II
190
10
n.r
3
- .
lr
/
J$
M:
2$
.
$
--.J
4
LECi[ND
(I AREAS OF' SIDEWAlK REPlACEMENT AND
WHEEL CHAIR RAMP TO BE INSTAlLED.
ACTUAl LOCATIONS SHAlL IE CLEARlY HARKED.
IY THE OVNER PRIOR TO PRE-CONSTRUCTION CONF'ERtNCE.
!
7
EAST
.
.
..-.;
.
BAYPOINTE TOWNHOMES
,rJ
PARKWAY
FAIRMONT PARK
CENTRAL
Jr
I
T ST.
Ifl In rTl In I
TOWN OF LA PORTE
L II J(
WEST
~'1342 IJ'~
339 0
...
..,
I 322 32
1
319 320
,
7
....I
MONUMENT ESTATES
HWY.
-
4
10
.
II
I
:5ftI( CT.
II
= III CT.
1St
17
II
Ie
a
1
I
7
7
COLLEGE~EW/BROOKGLEN
325 2 IlIJILMM
l~rH "Fin ST~EEI
315 316 317 318
I
2
~
3
SPENCER
. ~
~I
~ $ ~
__ 3
2
1~
q
;:)
~
3=
I...J
so:
I...J
t:)
I...J
...J
...J
o
u
ti
a:
o
.....
o
I...J
:z
~
~
. e
e
~
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: May 24. 1999
Requested By: Stephen L. Barr
Department: Parks & Recreation
Report
Exhibits:
Resolution ~ Ordinance
1. Ordinance 99-_ CLP#99-5201 - Seabreeze Park - Phase II
2. Bid Tabulation & Bidder's List
SUMMARY & RECOMMENDATION
The City of La Porte has requested formal bids for construction of the final phase of Seabreeze
Park. Bidding documents were delivered to and a mandatory pre-bid conference was held, with four
contractors attending. All four contractors returned bids for the project; the bids were opened on May
17,1999.
The project was divided into a base bid, and four (4) alternate bids for specific portions of the
project, to assure that funding would be available for the project. The base bid includes the following
components: (a) site preparation, (b) shoreline protection, (c) a three hundred linear foot fishing pier,
(d) concrete walkways, and (e) demolition of existing pier. The alternate components for the project
are as follows: Alternate # 1, an additional two hundred linear feet extension of the fishing pier (to
500 linear feet); Alternate #2, installation of articulated concrete revetment along shoreline; Alternate
#3, picnic shelter pads; and Alternate #4, picnic shelters installed. Play and park service equipment
will be purchased separately and installed by force account.
The low bidder meeting specifications for the project was Galveston Bay Construction Company
with a base bid of $110,366.79. They were also low bidder when the selected alternatives were added to
the base bid. After review, staff recommends acceptance of the base bid and the selected alternate bids
as submitted by Galveston Bay Construction Company as low bidder meeting specifications and within
budget for this project:
Base Bid
Alternate #1, pier extension
Alternate #3, picnic shelter pads
Alternate #4. Dicnic shelters installed
Subtotal
Continaencv.5%
Total, base bid, selected alternates, & contingency
110,366.79
37,194.00
3,713.15
31.190.46
182,464.40
9.123.22
191,587.62
Alternative #2, which lowered the shoreline walkway one additional foot and added concrete revetment,
was bid at $54,636.35. It was rejected as being cost prohibitive. Galveston Bay Construction Company
has proposed to complete the project in 90 days. If the weather cooperates, we anticipate being able to
open the park to the public on September 6th, which is Labor Day.
Staff Recommendation:
After review, staff recommends that the bid submitted by Galveston Bay Construction
Company, be accepted as low bidder meeting specifications for this project.
Action Required by Council:
Consider approval of ordinance authorizing the City Manager to enter into a contract with
Galveston Bay Construction Company for an amount not to exceed $191,587.62 for final phase
construction of Sea breeze Park.
Availability of Funds:
General Fund WaterlWastewater
XX Capital Improvement = General Revenue Sharing
N/A
Account Number: 015-9892-722-1100 Funds Available: XX YES NO
Approved for City Council Aaenda
6?~ T. ~
Robert T. Herrera
5- 'lc) -'1~
Date
.
e
ORDINANCE NO. 99"2 3 3 1 ~ ~
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT
BETWEEN THE CITY OF LA PORTE AND GALVESTON BAY
CONSTRUCTION COMPANY FOR CONSTRUCTION OF SEABREEZE
PARK - FINAL PHASE, PROPOSED PIER & SITE IMPROVEMENTS
(CLP PROJECT #99-5201); APPROPRIATING $191,587.62 TO FUND
SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE:
Section 1. The City Council hereby approve$ 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
$191,587.62 from Capital Improvement Fund 015 to fund said contract.
Section 2. The City Council officially fInds, determines, recites,
and declares that a suffIcient written notice of the date, hour, place and
su bject 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
. e
ORDINANCE NO. 99-23 3 1 '"'1~
open to the public as required by law at all times during which this
ordinance and the subject matter thereof has been discussed, considered
and formally acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
PASSED AND APPROVED, this May 24th, 1999.
By:
CITY OF LA PORTE
!i?:r7l~
No an L. Malone,
Mayor
ATI'EST:
40;.
!
I
ILl
N
~~
~o:
<0
ILl
II)
~ BLOCK
sEA BREEZ
BA YSHORE DRIVE
~
o~
~o:
~o
o
pARKWA Y BLOCl<
c
~
CIIED'I ;.
,
-
....1IlE
GALVESTON
BAY
I~J:1t1
EXHIBIT nAn
SEABREEZE PARK FINAL PHASE SITE PLAN
CLP PROJECT #99-5201
CITY OF LA PORTE
SEABREEZE PARK- PHASE II
PROPOSED PIER & SITE IMPROVEMENTS
CLP PROJECT #99-5201
BID TABULATION
~:;;ai~:~~i/~t~l~
.i~\~;;;f;~~'r.~;r}ti~t
<f~=@'~~;~
;.
\:'~f~~~.///:
gN!~C~
....: ;.;.;.; -o.::J.,,:
" . 0" .
~ " .. . ..
Galveston Bay Construction y 90 Yes $110.336.79 $37,194.00 $54.636.35 $3713.15 $31,190.46
Lucas Construction Y 110 Yes $114,900.00 $39.600.00 $51.500.00 $4,500.00 $29,400.00
Marine, Inc. y 120 Yes $158,651.00 $49,200.00 NO BID $5,600.00 $26,550.00
Western Industrial y 90 Yes $212.850.00 $57.000.00 $67,750.00 $8,400.00 $19.200.00
e
Alternate # I = 200' Pier Extension
Alternate #2 - Reshape rip rap, walkway installation
Alternate #3 - Picnic shelter pads
Alternate #4 - 6 Picnic Shelters
e
e
CITY OF LA PORTE
SEABREEZE PARK-PHASE II
PROPOSED PIER & SITE IMPROVEMENTS
CLP PROJECT #99-5201
Advertisinf
The Bayshore Sun - May 2D and May 9th, 1999
Bid Notice Faxed
Galveston Bay Consttuction Company L&W LaFour Construction
PO Box 499 PO Box 1920
Stowen. TIC 77661 Livingston, TX
PHONE: 800-575-9252 PHONE:
FAX: 409-296-3215 FAX:
77351
409-967-8301
409-967-4038
Marine, Inc.
402 Bay
Kemah, TX 77565
PHONE: 281-334-1655
FAX: 281-334-5306
Lucas Construction
8244 HaIborside Drive
Galveston, TX 77550
PHONE: 409-740-3523-
FAX: 409-740-3524
Rodriguez Brothers
218 Bay Colony Circle
PHONE: 281-471-3033
FAX: 281-471-5671
Western Industrial
PO Box 5399
Pasadena, TX 77508
PHONE: 281-487-5757
FAX: 281-487-5726
Contractors That Picked Up Plans & SDecifications
Galveston Bay Consttuction Company
PO Box 499
Stowell, TX 77661
PHONE: 800-575-9252
L&W LaFour Consttuction
PO Box 1920
Livingston, TX
PHONE:
FAX:
Marine, Inc.
402 Bay
Kemah, TX 77565
PHONE: 281-334-1655
FAX: 281-334-5306
77351
409-967-8301
409-967-4038
Lucas Construction
8244 Harborside Drive
Galveston, TX 77550
PHONE: 409-740-3523
FAX: 409-740-3524
Western Industrial
PO Box 5399
Pasadena, TX 77508 .
PHONE: 281-487-5757
FAX: 281-487-5726
e
e
e
CONSENT AGENDA
e
e
e
A
. ~
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Requested By:
Report
May 24. 1999
Susan Kellev ..J /4.oc- ~epartment:
Resolution Ordinance
Purchasing
Exhibits: Bid Tabulation
Bidder's List
SUMMARY & RECOMMENDATION
Advertised, sealed bids #0769 - Annual Mowing Contract were opened and read on May 3, 1999.
Bid requests were mailed to four (4) vendors with one (1) returning a bid.
Sentell Lawn Maintenance submitted the only bid. They are the current contractor and held this
contract for the past four (4) years. There is a slight increase on one item, while all the other items
remained the same or decreased in price.
Inspections Division estimates spending approximately $12,000 out of their budget, while Utility Billing
estimates using about $6,000.
Staff recommends award of the mowing contract to Sentell Maintenance. Sufficient funds have been
budgeted in departmental accounts for these items.
Action Required by Council:
Award Bid #0769 - Annual Mowing Contract to Sentell Lawn Maintenance.
Availability of Funds:
XX General Fund
Capital Improvement
Other
WaterlWastewater
General Revenue Sharing
001-9092-524-5007
Account Number: 002-6147-515-5007
Funds Available:
XX Yes
No
Approved for City Council Aaenda
G" .~ J____
Robert T. Herrera, City Manager
s- f 't - 44
Date
-
e
BID TABULA TION - ANNUAL MOWING
~~N fELL LAWN LAS"' '1;;"''''''
DESCRIPTION & MAINTENANCE PRICE
SECTION 1 - LOT MOWING
1) Mow 25' X 125' lot w/brush hog only $10.00 $10.00
2) Each additional 25' x' 125' lot up to maximum of 32 lots $8.00 $8.00
3) Mow undivided acreage w/brush hog only, price per acre $50.00 $50.00
4) Mow residential homesite w/riding lawn mower and/or handmower $85.00 $85.00
Fence removal & re-installation required
SECTION II - ALLEY MOWING
1) Mow 400' x16' alley w/brush hog only $22.00 $22.50
2) Mow 525' X 16' T -alley w/brush hog only $25.00 $27.50
3) Mow 400' X 16' alley w/brush hog and hand mower $50.00 $45.00
2) Mow 525' x 16' T-alley w/brush hog and handmower $55.00 $55.00
OPTION
Weed eat 3' area around meter boxes in alleys $10.00 $10.00
e
e
BIDDER'S LIST
SEALED BID #0769 - ANNUAL MOWING CONTRACT
DAISY LAWN
706 HWY 3 SOUTH, SPACE 15
LEAGUE CITY, TX 77573
GENE DUVALL
10724 N. ilL" STREET
LA PORTE, TX 77571
MORGAN'S LAWN & LANDSCAPING
PO BOX 7825
PASADENA, TX 77508
SENTELL LAWN MOWING
PO BOX 1183
LA PORTE, TX 77572
CHAMBER OF COMMERCE
P.O. BOX 996
LA PORTE, TX 77572-0996
BA YSHORE SUN - PUBLISH DATES
APRIL 18,1999
APRIL 25, 1999
e
e
B
REQUE. FOR CITY COUNCIL AGENa ITEM
Agenda Date Requested: May 24, 1999
Requested By: Steve Gillett ~ Department: Public Works
XXX Report Resolution Ordinance
Exhibits: Bid Recap Sealed Bids #0768 - Fly Ash Calcium Sulfate GS200S
SUMMARY & RECOMMENDATION
Advertised, sealed bids #0768 for the annual supply of Fly Ash Calcium
Sulfate GS200S were opened and read on May 10, 1999. Bid requests were
mailed to three (3) vendors with one (1) returning a bid and one (1) No-
bid.
Gulf States Materials is the only vendor in the area which carries this
product. Bay town Sand and Clay said they must go through Gulf States to
get this material. The only other vendor stated they do not have Fly Ash
Stabilized Calcium Sulfate.
Using estimated yearly quantities, this contract would cost $34,025.00.
This represents a 3% increase over the last year's bid.
Staff recommends award of the bid for the annual supply of Fly Ash Calcium
Sulfate GS200S to Gulf States Materials, the only bidder meeting
specifications. Adequate funds for this purchase is budgeted in the
FY98/99 Street Division Operating Budget.
Action Required by Council Award the bid for Fly Ash Calcium Sulfate
GS200S as recommended by Staff.
Availability of Funds: N/A
xxx
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number: 001-7071-531-4015
Funds Available:
X YES
NO
Approved for City Council Agenda
G~ 'G ~
Robert T. Herrera
r.it-" M;:\n;:\n~r
S-lQ-,q
DATE
'"
e
e
CITY OF LA PORTE
INTEROFFICE MEMORANDUM
MAY 17,1999
FROM:
STEVE GILLETT, DIRECTOR OF PUBLIC WORKS
GINA FORD, PURCHASING TECH. II J~ ~
TO:
SUBJ:
SEALED BID #0768 - FLY ASH CALCIUM SULFATE - GS200S
Advertised, sealed bids #0768 - Fly Ash Calcium Sulfate-GS200S were opened and
read on May 10, 1999. Bid requests were mailed to three (3) vendors with one (1)
returning a bid and one (1) no-bid.
Gulf States Materials submitted the only bid. Using estimated yearly quantities, the
annual cost would be $34,025.00 This is a three percent (3%) increase over last year's
contract.
Please submit your recommendation with an agenda request form by the prescribed time
before the next regular council meeting. If there is a need to delay bringing this bid before
council, please notify me.
I contacted Bedrock Materials and they only carry calcium sulfate. They do no stabilize it
with fly ash. Bedrock Materials said Gulf States Materials is the only vendor in this area
that carries this product. Baytown Sand & Clay stated they have to go through Gulf
States Materials for this product.
Attachment: Bid Tabulation
Bidder's List
Bid Copies
'"
e
e
BID TABULATION -FLY ASH STABILIZED
CALCIUM SULFATE GS-200S - BID #0768
STAB CALCIUM SULFATE
(GS 200)
1) PICKED UP tper ton)
250C
S~.1E !
522,875.00 I
NO EIC.
TOTAL
2) DELIVERED (per ton)
1000
Si1.15
$11,150.00
NO BID
TOTAL
GRAND TOTAL
534,025.00
NO BID
e
e
BIDDER'S LIST
FLY ASH STABILIZED CALCIUM SULFATE (GS-200S)
SEALED BID #0768
BEDROCK MATERIALS, INC
312 G. BOBSMITH DR.
BA YTOWN, TX 77520
ATTN: JACK ADCOX
GULF STATES MATERIALS
P. O. BOX 1425
LA PORTE, TX 77572
ATTN: M. WILLIAMS
BA YTOWN SAND & CLAY
P.O. BOX 850
MONT BEL VIEU, TX 77580
ATTN: ARTIE "RIP" RIPKOWSKI
BA YSHORE SUN PUBLISH DATES:
APRIL 25th 1999
MAY 2nd, 1999
CHAMBER OF COMMERCE
P. O. BOX 996
LA PORTE, TX 77572-0996
e
e
c
REQUEI FOR CITY COUNCIL AGENR ITEM
Agenda Date Requested: May 24, 1999
Requested By: Steve Gillett~
Department: Public Works
xxx
Report
Resolution
Ordinance
Exhibits: Bid Recap Sealed Bids #0771 - Garbage Bags
SUMMARY & RECOMMENDATION
Advertised, sealed bids #0771 for Plastic Garbage Bags were opened and read
on May 10, 1999. Bid requests were mailed to six (6) vendors with four (4)
returning bids and one (1) No-Bid.
Low bid meeting specifications was submitted by Beemis Company through the
Harris-Galveston Area Council (H-GAC) Cooperative Purchasing Program at
cost of $0.392 per pound. Including the H-GAC's Administrative Fee of
$889.05, the total cost of the contract for 105,000 pounds would be
$42,049.05. This represents approximately the same price as the last
garbage bag purchase.
Staff recommends purchase of plastic garbage bags from H-GAC at a total
estimated cost of $42,049.05. Adequate funds for this purchase are
budgeted in the Solid Waste Residential Division FY 98/99 Operating Budget.
Action Required by Council Authorize purchase of 105,000 pounds of plastic
garbage bags through H-GAC in the amount of $42,049.05.
Availability of Funds: N/A
xx
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
001-7072-532-2015
Funds Available:
XX YES
NO
Account Number:
Approved for City Council Agenda
G<~ ~ ~
Robert T. Herrera
r.i~" M~n~('fpr
c;'-l q,..1~
DATE
."
..
.
e
CITY OF LA PORTE
INTEROFFICE MEMORANDUM
MAY 14,1999
FROM:
STEVE GILLETT, DIRECTOR OF PUBLIC WORKS
PHIL WEBB, SOLID WASTE SUPERINTENDENT
SUSAN KELLEY, PURCHASING MANAGER,) ~
SEALED BID #0771 - GARBAGE BAGS
TO:
SUBJ:
Advertised, sealed bids #0771 - Garbage Bags were opened and read on May 10, 1999.
Bid requests were mailed to six (6) vendors with four (4) returning bids and one (1) no-
bids.
Bemis Company who currently has the Houston-Galveston Area Council (HGAC) bid
submitted the low bid meeting specifications. Including their administrative fee of
$889.05, their total price for 105,000 Ibs. of bags is $42,049.05.
Please submit your recommendation with an agenda request form by the prescribed time
before the next regular council meeting. If there is a need to delay bringing this bid before
council, please notify me.
Attachment: Bid Tabulation
Bidder's List
.:..
,.
.
e
BID TABULA TION - GARBAGE BAGS
HGAC
INC.
DYNA PAK I SALES
""..
DESCRIPTION I QTY I
BAG & TAG
1) Garbage Bags 105000 50.392 S0.410 50.429 50.6112
Sub-Total $41,160.000 $43,050.000 $45.045.000 $64,176.000
NO BID
2} Fee
$889.050
N/A
N/A
N/A
TOTAL
$42,049.050 $43,050.000 545.045.000 $64,176.000
NO BID
BIDDER'S LIST
SEALED BID #0771- PLASTIC GARBAGE BAGS
BEMIS COMPANY
PO BOX 5724
TERRE HAUTE IN 47808-0905
DYNA-PAK CORPORATION
112 HELTON DRIVE
LAWRENCEBURG TN 38464
JADCORE, INC.
2075 E. STATE RD 42
BRAZIL IN 47834
RESOURCEFUL BAG & TAG
6420 W. 127TH STREET, SUITE 212
PALOS HEIGHTS Il 60463-2248
SUNBEl T PLASTICS
6360 lBJ FREEWAY
DALLAS TX 75240
BOGEl SALES
7809 MARKET STREET
HOUSTON, TX 77029
CHAMBER OF COMMERCE
PO BOX 996
LA PORTE TX 77572-0996
SA YSHORE SUN - PUBLISH DATES:
APRil 25, 1999
MAY 2,1999
e
MEETING HANDOUTS
e
e
e
Board Recommendations
from: Alton Porter
City of La Porte Reinvestment Zone #1
1) Horace Leopard
Long time resident of La Porte (Shady River)
Licensed Real Estate Broker
2) Alton Porter
La Porte City Council
Long time resident of La Porte
Member ofTIRZ Policy sub-committee
City of La Porte Development Corporation ( ~ cents Sales Tax Revenue)
1) Ed Matuzak
La Porte Resident
Former City Council Member City of La Porte
2) Jerry Clarke
Long time resident of La Porte
La Porte City Council
e
e
M .:ii:iii:i~i;j~\iilil:'I~I~~I~~I~IBI~.
a 1:::::~:;':,;.':;:::.I;,!:::::::::,';,,:::,'i::;;.::::;:::;j::::.::::j:;j::.i:.;:.::::::;i:':i:i:i::;;:I;:~:j:::;:;:;:'jj::::;::M::lllllllifillh~~lili"
L
!ill
. .
. ............ .....
. .
.. ..... ...
.............. ...... .
.......................... .......... "
........................ .
........................ ..... .....
............................... .................
..............................
.............. .....
........................
........................
................. ..
..................
.................
;:;:::;:;:;=;=;=;:;:;=::;:;=:::::::=;=;::=:::=;:::;.:.;.;.:.::;:::;.;.:.:.:.:::::.:.::::::::;:::;:;:::;:;:;::::::::::::::::~
~?fftil@If~fI~frnfrfrff~tlfrffjfr~@n
:::::;:::;:::::::::::::::::::::;:::::::::::::::::::;:::;:::::::::::::::::::::::::;:;:::::::::::::::::;:::::::::::::::::::;:;:
-
fff~IlI1I*J.W.l.1
r"M&tl#i~i:l~il:;[~lltJJFJII~
[@mf"'<'f'4"'~,~,~:''''''.'''.''''.u}i.fU'.::tlt..%.
tl,lfllll!;l;ii:iillljl~jtl.:
~.,::x.f,.",..-.-..1t.,*u~...,....,...................._....,"<--",,,"',QW$mil
t$j..}Jmt@ili~t.JMllr)iJt~ifJf$wm
.
:J:
Creation of Reinvestment Zone Number
One
La Porte, Texas
.
.
e
.
t information regarding proposed
stment Zone Number One
e public input
r against creation of the Zone
roposed boundaries of the Zone
le concept of tax increment financing
p owners regarding inclusion of their property
w
m
:?:
,,:fil
~
.
.
in the
e
..
P U rn:r\'ot:S:::mfn::::l'I.:d...:.:.:'::jj'I:::.:.:.:.I;:::::;.<r.'....:.'.'Il::::II::::'::::.:.J:...::ir..'I.;:,::;;.\:I:;I."}I....;;;::;;::m::ill?PJ.:~:::,x<
~'VQ~HU~" .......... .... .... ............. ......... ... . .... . . . .... ....N Ml ' ......,
.::ii.::i:iii.i:.iiliiii~I;'ijl~!ii!~Eli'''.i~ "
.
e
.
.
a development/redevelopment financing tool
y the state legislature.
rovides a method to finance public improvements
gnated zone using property "tax increment"
.......Wh........t.....
....... ~. ....
:::..:: a:::--
........ ...............
.... ." ...............
........ ...............
........ ...............
........ ...............
........ ...............
......... ...............
.:-:.:;.:.:.::~ :::::::::::::::
'................. ...........,..
................. ..............
.................. .....- ....
................. ..' -.
.......... ....
..,.:.:.:...:..:..:.:.:.. ....@....I0]...:.e....
...... .... ...... .... .
........... .... .... . .... . .
. ',:.:.:.:.:.:-;- ..:':';'.-:' .:.:<:. ;. ",;.:. ", :..' .:.
::;:::;:::;' . ..............~ ','- -:: :::.-:' ::', . - ..::.
. . . . . .. . , . . . , . .
. ..... n.... n.
................................. .........-....-....
............................
-
.
nt years, for the life of the Zone, participating taxing units
collect revenue on the base taxable value.
ment occurs~ tax revenue is generated on increased property
ulting from the new development.
ment" is the difference between the base taxable value and
taxable value for real property within the Zone.
'.?
~venu? on the incremented value is used to finance public
lents In the Zone.
.;
<
~:
~;
_I
.
.
the
...
HOiiiiil'~ii\ii""'ll?
th .....t................ tli;i;....'T1 O:7.....s..."":x;li\e.""'<i!'i.'..'.',A,...,.,.,;n~:6......wa"....'."'..,.......w,l";{:u..~
",gLJme::'. ,.:.e)},? .rUJ:d .::.;y..:'!:.:..d~.\d\~t~l:.JiI.u:.,.:sBnq"t, }
;
.
.
.
e
e
ents in the Zone.
porting debt service on tax exempt bonds sold to finance
blic improvements or,
onds are issued, by d
vements.
.
.
.
-
.
I
rectly
financing
the public
-
used to finance public
.
.
.
e
n itiate
nitiated by the City
the City.
this evening is
on of property owners
Reinvestment Zone.
e
..
..... ......... .............................................
..... ...............................
........... .. -. -. .
.........................,.... ........
....... ...... ...
n..._............... ...............
...... ...
.......................................................
................... .
";::::::::;:::::::::::<,:,:,;,:,:'",;..-;.:.;.;.;:-:.::-:.'........
H ..........I...............................................~.....
.......... .......................... ..,.....,.....
."....... .......
....-..... ... .............. .............
... -..... .
OW................S..........................................
.. ........ .......... .............
..-.... -.. "'
"' .......- ......... ............
. . . . . , . '. - .
.. ....... . .. ........ .. ...............
......, . .....
........ ..... .-. ...........
....... .....
......... ....... ...........
..... .....
....... .... ..... ...........
. ..n.... . ... .... ..... ..........
. ........ . .. ...._. n..... ..........
. .......... ......... .............. .............
..... .....-. ..
.. .. ...... ... .... ....... ..........
................ .
..........................................................................
...... ..,.............
. . . . . .
.......--........ .... ........
........... ...........................
......... ..... ..........
. .. ........ ................
. ...... ... ...... ....-.........
. ........ ....~. .....
. ..... .
. . . . . . . .
.Ii!li-
. .;';"
~iP
:~~ ;.~
i~.~
:~~~~
.
.
.
-
e
..
::::: H OW::::::ls:~,>>>.
ills,! A Boai~~ill~~i !II.I~
............ recomm. .enc . . ~~ I
..'.".................... .................... ,..M.J-
........ .... ..........,..... .-........................
..,.,.,. .... ........ ...... ........ .....~..... ...
......-......... ........~ ....... ........ ...... ...
......................,......................-...'-..-.-...............-............................-...:-.
>:.::::::'_fJl..l ImII!
Iflr~:=;~~:~:~~~O~t ~~~:e :~~:~~e::~~~ :~~::~:~sato City
.:.:.:.:-:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:
...................................
......................................,...............................
.~~n~~~::~ag~t:~::~::Board, subject to City Council
.a~:dn~Plement the project plan and the reinvestment
~~IIIII:illpto reimbursement agreements payable solely from the Tax
~~::~::~:$~~::~?~~~~~~~~~~~~~~~~~::::~~*
~11.i r~<<i.>7i_:~:::<T~<~i. ent Fund.
~:::\~%'@I.~~ :;; ....~--
Wfa-J'$!&
li't.fwt.ikiJlfunds shall be budgeted, expended and audited in the
1f/#'Jllteral matter as City bond and tax funds with such changes
".='''.Ii.d by State Law. .. .
wi
.
.
e
n which all project costs, tax increment bonds
on those bonds have been paid in full.
n the earlier of:
tion date designated in the ordinance
~ Zone.
:ermination date designated by a subsequent
.
.
illW~I~~illiiiiiii!1
,
tax code, the City may designate an area as
if it meets certain conditions.
the area is determined to substantially arrest or impair the
.und growth of the City.
p
11
~
.
.
the area within the Zone currently contains ten percent
%) or less residential use.
.
e
...
...
Pr
r Creati
.-
;:.. ::;:::; j f;. 'I: . '
-.,
~ll.Mglt,._11
;;;.<: ~~j.: . r;.. ~
:..w.. .j___ m. .:..
~~t~ill ~~t -.:ox-" ~~. ~
ng
-1 I
:::)'::.!! l~l;,J,
....:..:.....::. .:...:wu$fJ~
::::::::::::::: ::M!.x.l!ffl
................ d -I~..
::::::.::::.:::: e l!lii.,
................ ~.....,
il:::I:::::. .:::::;::<:::..:: tt*ll~;~
_ ....1. I growth of the City
- ::::::;: (((((:::::::::::\
..... ................... th Z
::::::::: ~...\a......=:=-u...:::: se e one-
..... . ....-
. . . . . .. ... ..
..... ...... ,..~
.... ..... ...
..... .. - -. -...
:::::::::: '.' . .:: . -
..... .., . ..
n. ..
..... ..
... ..
..... ..
.. ..
..... ..
... .
..... .
... .
..... ..
.... .
. , . . . .
.... .
..... .
.... .
..... ..
.... .
..... .
. . . . .
11111il11 :ains substantial areas that are predominately open
I111I111 undeveloped
1:111'; public water distribution, wastewater collection
l:ll torm drainage facilities
I "ts deterioration of site or other improvements
I ns areas with defective or unusual conditions of
M
~!.~
@l
~::~
m:>.:
,.,
'~':i..
:--..:
,<
m
f.,;'
~~
e
.
.
.
e
.
.
'.
public heari
ng on the creati
on of the Zone
a Preliminary Reinvestment
ng Plan
e Notice of Public Heari
o the hearing date.
ng published 7 days
Zone
Before Aaoptlng An UI inance
... E t.......tt)l..........m..................................I......^...- '''ur
,~jJ;!lw:aii~iiiil~{ii.1IiiI j
tice must contain
scription of the proposed boundaries
,ative plans for the development or redevelopment of the
e
~stimate of the general impact of the Zone on property
les and tax revenues
.
.
.
copy of the Preliminary Reinvestment Zone
ng Plan to each taxing unit that levies taxes
property in the proposed Zone
-
e
:, Noti:fy
....... .............
....... t"'I'e'
........ -a .....
::_:~rL(::
e
.
.
.
ounty Commissioners Court (May 18
into College District (declined presentation
e they were not asked to participate)
1999)
e
~........ ke
.--.. - M
. .
. .
I"jm:~' a. "j
...... ................. taxI n
':..;:;:::;::::11 :
". '';':'''\~{:~::::::~
,
.
.
.
e
is is a City initiated TIRZ, the C
ate 100010, which is $0.71/100.
rhe City will be able to divert revenues from
increment fund to support City services (i.e.
, Fire, EMS).
ity wi
II
e
..
;
:Par]lli~lllllml,i.~
........................
e
.
.
.
lit on the following assumptions.
luest for La Porte Independent School District to participate
?oint that is revenue neutral. This means that the District,
'ir their funding formula, would not lose tax revenues {to the
~ that would normally go to their general fund (approximately
~/1 00 of their tax rate of $1.61/100).
~er words, the TIRZ would capture the future LPISD tax
~ues in the Zone that would otherwise leave town.
:l
luest for Harris County to participate at approximately
~
1/100 of their tax rate of $0.76/100.
~
'e participations are not yet approved and will be negotiated
(and if) the Zone is created
te: San Jacinto College District was not asked to participate
P a1:irl:til'li
. .... .................
'.. .. -'.. - -. -..... .
, ... .. ...... .
. '.
.
.
.
e
e
-
.......... ...........,.................. ....
......... ............. ................ .....
.......... .............................. ....
. ..... ",..
. ....
.............. .... ..................... ,..... .
........................................... "'._n
:::::}:::::::::::::::::/:;:::::::::::::::::::::::;:::;:::;::::r/J..:/...:: .:.....:.:.1...:::::;:::: W t t D - F -I-t-
.................................. .,'",.
..................................... .
;:::::::::;:;:;:;:;:;:;:;:;:;:;:;:;:::;:;=:::=:::::iiiiiiIiiW;:::;:; :; ::" :: :;
.................................'..................................... ,',,' "..
::::::::::;::::::::::::::::::::::::::::::::::iI.::::~r, as ewa er, ralnage aCI lies
....................,............-................................................,.....,:...-,..............-.',
..................................................................................................-.......
_ttlROad~a.y Improvements
))t:::}~:}{(::})}~}I:.../a. ~:I.)I::~I n 9 Fac Illtl es
................................... ...... ' . .. . ~
...............,...................................................... ........ '. ......
::lli!IIII!lljllllllll~IIIIIIIIIIIIIIIIIII:lllli:I:lii:IIIIII\\~jillll'sca PI- ng & Streetscapes
.............^^.................~ r.~..~
_ lic Buildings
. 'hnferlence Center (Proposed Hotel Site)
n"vm..mm+"~"Xwm'Wl". 1;:0i. 00
l%l%lllllMllllMtjillM& ~i:.~j
~ 'eline Protection/Recreation Facilities
;::~:.j~:::.'~0Xl'$.&~ . %,m ."
~.:qm:r;;:I:.;~~
r'-Ifk /& ~
,,:o-/.;..~..m; .
L"
.
.
.
.
. The types OT prOjects proposed by the Pre
F" "81 ~ I &I- a
. . . .... . .. n..... ... .. ...n.... . ...n... ... .... . ....a~. w ~
I n a.nCIIa~.....a'lpQE... .LJ.1ll .. .I.B:.."" ',. .
, Fu~IIIIIIH:;>~tll'III'~
liminary
I ill review and introduce, for the record, an
t used by the City Council Subcommittee and
y the full City Council to provide additional
on to staff. This exhibit titled "Draft: For
,sion Only" (if directed by City Council) will
t of a 2nd Notice & Public Hearing to expand
ne being considered tonight.
-
.
.
.
What Are The Proposed Boundaries Of
IT. E~~lllltii~.ilili!lllill~I\'ltlfl.,i"II!J'eJfOJ,,1
.. I ItS .....we. . '.WI' . .....re.. VI' I e. w. . .,...... .e. ..... ... ..... ... ,. ''''''c
.. .... .. '. .. .. '". , ,~""'. '," .... ........ .... ..... ".,. "- .~.
.... .. -.. . .. ......
....... ......... .. ..... ", ..........
. .. ..... . -, .. . ......
. "", .... . .. .....
. ..... .... . ., '. ...
. ....... ..". . .. .. ....
.. .,. '" ..... . .on _.. ."
.... ........... ..... .. -. ... ..
. ...... .......... .......... .........
...............................-.... .... ..,.............
... .. - ......-.. ....... ..
........... ................
e
aring Notice.
.
.
.
e
e
e
.
. Exhibit "A" as displayed in
the Public Hearing Notice
.
ta.-.:
l
..
!
IE
llll
~
LIiIIUI: IlL
~
,.
..
~~.~
it
~~tJj D
BBffiB
1:]ooorn D[[]]J[]]]J
DDDD[J. DDCOJD[I]D
Iffi 0 ~DD~r-
EXHIBIT nAil
.
t
-
I
-
Draft: For Discussion Only
-
. .
I
DRAFT: FOR DISCUSSDON ONLY
-
.
e
-
Question and Answer
. Receive Public Input
- On proposed boundaries
- On concept of tax increment
financing
- On inclusion of your
property
. .
li..
,
I
I
.,
McCABE RD.
if
EXHIBIT liB
.
.~
e
e
r--'T'-~
I .
Comp
. ----.-." .::"
,..,.. .....~~...._-~...
.~_..::.......a.
ete
-
---
Count
(CCC)
~_._~--~~--'l""------:- .'.~
. ." - - .... ....-
.-
Comm
-
. .
ittee
"
Complete Count Committee
1" - --, ----, , -", ,', " ", . . . :,>. "' ' . .' J.. ... . .... -.' . -:--:-.-r--:-----~~r--:-::"'---...t~..... _" . ~.. . ._.... --..... --~ ..,....--
.. .. ,
What is the eee?
e
The CCC is a partnership between
governments/community organizations and
the Census Bureau
-
e
-
-,
Complete Count Committee
- -~ ~"":~.7--::-.-~'r '. ......:...:-..:!_.~..~t"._~_.:...:..~=. .~"-~"~-.~:::~._ . ~~--.'--"'----'.:---'..:':'-'-:'."-~'-.'-""_."_..'._'-'.--~..-....
Why form a partnership?
Involvement from the community allows the
Census Bureau to incorporate
*Iocal knowledge
*expertise
*influence
* resources
-
data collection
recruiting
promotional activities
The CCC also increases the effectiveness of
various Census operations
e
Complete Count Committee
.-:--:-"~:""'-:"":----::--:--=:-:~.;--:;::---:::=r...r:--'~~:"""'t ~:"'":"::-~:~""---:-:-----=-:~-;--~-:-: ~-"":""''''''-I~r:' -,... . - - ..... .W. ~"_"- ...~ _ ___ _" _ u . -_.
How does the CCC help the Census Bureau?
;-,
e
fl:JJ To motivate everyone to
back the census form
fl:JJ To increase community awareness of
Census 2000
fill
out
and ma
i I
e
,..----- ;---"-
. .
Complete Count Comm
~~----...--="'"';.-: ~:: '? ;... !.. ."-- ",_ . . !.,' .: - .---T'r.-...... t. .--_". ._..._
What are the goals?
ittee
Complete Count Committee
I,,:;:." .....~~..-...~~~.. .... .......~':.._. ~....~..~.~:~.I...--:;-..--;'"----._--r:._~--.-..; .-- .' -.:" :;~'''.- -.-,.--,----'--,. - ._..
Who are the people on the eee?
- II Religious leaders
II Schools & educators
II Community
organizations
e II Elected officials
II Business leaders
II Media specialists
Complete Count Committee
~:'f"'-.".'~':-'""\.."-'I'I.~--'~"--::'-:--;:-:. ....'..-~.....,/.:,....:........-~---:,-_.::-_.. . .........;......... ......-...-... ---.......-:~--_.. .._. '-'''; '";-"--"-:-, . ..
What are the 9 tasks?
-
..~ · Develop a dynamic plan
......
~- · Use community spokespersons
~ /--- -,-
./' A .~-;:::.-
..~
· State the message at every opportunity
-
· Create activities that engage historically undercounted
Complete Count Committee
~~~~~'~"1i"'"~-~"---~. '.~__: ;-~.......:. -.;" ..--.;- - '" ...... - .. ...... a..... .-. ... .......':".:, '., '-.
e.
· Stress confidentiality
· Engage the media
· Use local knowledge to help
e · Promote awareness of Census programs
Recru
.
I
t
-
Recruit
Recruit
-
........-
." . ~
Complete Count
~~~-::-::~-~,,,'.~ .~.. '.' ,; .... .~ .~.:. ~T~~-;:-.---- ..~. -;-,~-:o"-7'"""'~' .'
and fi nally.. .
Comm
. ',"..... _. _.. _n. __ ___" _-:-. _.... _'_4"
ittee
-... ," .. ...
--'I
Complete Count Committee
~. . .' : ;:: ' .. 4' . ~._... ...:..,. _.". .::: _. __ .. .....-::-::---:-:--:--:----~.~.- -~- - '~._."," -,- ,..r .":. .... ,. .... .- .". ,
What are some of the activities of the CCC?
-
1-" .."_
j' ~\. /-. ..':;';..
. , , .0.' .. "
Call a press conference ~ '0.. _/ ':. .':....; ....-;\
.. :a
t
!
Sponsor a Census Awareness Fair
_ Write an article in your ogranization's newsletter
The sky is the limit!
e
-
Complete Count Committee
6 -...........---- -._.-.-__..__-_._--_ __A. .._.'__ _ .._._..... .._... ..
- .. . .. ". ._ ..: _9..". .
Who will work with the eee?
The Census Bureau's Houston Dream Team!
. Gwen Goodwin
. You
e
Working together
we will all be
winners!
-
Complete Count
,....;--'-:-.':"--~.,--;--:-:- - - .. - - '-'-~- -.-. --- - ---.- _....-. -.-
How will we accomplish
Comm
..- .. ..---.- ,,-. .- - - _.~-_. - ._-- - -.
the tasks?
ittee
.._ _nO _ _. _ .
.I
.. ;-~
e
e
EXCELLENCE...
a L.'=l Porte ISO tTawtLOn
La Porte IndeDendent School District
Business Office Annex
David Webb, CFO / Assistant Superintendent for Business
301 E. Fairmont Parkway La Porte, Texas 77571
(281) 842-2495 phone (281) 471-0838 facsimile
webbd@/aporte.isd.esc4.net
May 24, 1999
Mayor and City Council
City of La Porte
P. O. Box 1115
La Porte, Texas 77572-1115
Re: May 24, 1999 Public Hearing
Creation of Reinvestment Zone One, City of La Porte, Texas
Dear Sirs,
The District has been notified of tonight's Public Hearing and appreciates the opportunity to
provide input.
After reviewing the proposed boundaries contained in the Public Notice, we request that you add
the 13.8% acre La Porte ISO tract at the southwest corner of Sens Road (26th) and Avenue 0 with
connection to the proposed Zone as you see fit. A description of the property is attached.
Previous correspondence from the City states that, if the Zone is created, the City will request the
District's participation to a point that is revenue neutral. If this occurs, we hope to negotiate a
participation agreement that utilizes tax increment funds as a funding vehicle for a future school at
this site.
In summary, we support the establishment of this Tax Increment Reinvestment Zone because it
will be good for the City of La Porte. Inclusion of this potential school site would be beneficial to
the District, and it would ensure our participation in the Zone.
We thank you for your consideration of this request.
Sincerely,
~~
David Webb
Attachments
1:
e
e . ~ 1 L}. '-21--/elH
. ~...>>
, )\)
'- . l
5583257
Hold For:
American Title Company-DP
GF# 353879-P
GENERAL WARRANTY DEED
'iil/i.;~.".i i : .,liJ5J(,'j.i~ ~~ilj~~ i ~: :. .' :
THE STATE OF TEXAS
~
~
~
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS
That DECKER McKIM, INC., a Texas corporation, Trustee, (hereinafter referred to
as "Grantor"), for and in consideration of the sum of TEN AND NO/100 ($10.00)
DOLLARS and other good and valuable consideration to it in hand paid by LA PORTE
INDEPENDENT SCHOOL DISTRICT, (hereinafter referred to as "Grantee"), the receipt of
which is hereby acknowledged and confessed, has GRANTED, BARGAINED, SOLD and
CONVEYED, and by these presents does GRANT, BARGAIN, SELL and CONVEY unto
the said Grantee, all of the following described real property, together with all
improvements thereon situated (collectively, the "Property"), said property being described
as follows, to-wit:
\ \
Outlots 39, 40, 41 and 42, of the LA PORTE OUTLOTS, a subdivision in HARRIS
County, Texas, according to the map or plat thereof, recorded in Volume 59, Page
313 of the Deed Records of HARRIS County, Texas. (Save and except that 0.0207
acre tract conveyed in Deed filed under HARRIS County Clerk's File No. K784745.)
TO HAVE AND TO HOLD the Property 1 together with all and singular the rights and
appurtenances thereto in anywise belonging, unto Grantee, its legal representatives,
successors and assigns forever, and Grantor does hereby bind itself, its legal
representatives, successors and assigns to WARRANT AND FOREVER DEFEND all and
singular the Property unto Grantee, its legal representatives, successors and assigns
against every person whomsoever lawfully claiming or to claim the same or any part
thereof, subject, however, to the matters herein excepted.
_..)
This conveyance is made and accepted subject to a 1/16th Royalty Interest in all
oil, gas and other minerals, as set forth by instrument recorded in Volume 3137, Page 396
of the Deed Records of Harris County, Texas and fences do not follow boundary lines as
reflected on survey dated August 2, 1997, prepared by Billy L. Shanks, R.P.S., Job No.
97 -3388-2.
Ad valorem taxes and maintenance fees for tax year 1997, if any, have been
prorated between Grantor and Grantee as of the date hereof, and Grantee assumes the
obligations to pay same as they become due and payable subsequent to the date hereof.
I - .
I-L.L
')
~./
\
.
...,.
e
DULY executed the
.-
.!J day of
e .--
514~Z7 - HJ45
~ ,1997.
DECKER McKIM, INC., a Texas corporation,
TrUYi!
p~~
By: j?-f''f:L
/l.... L,
COUNTY OF HARRIS
~
~
~
THE STATE OF TEXAS
5day of
of
[hi)
Address of Grantee:
LoP :C>D~ ~
3~/ . f-tUA- ~p~
CJy- ~ --;/; "S 11
...........~
/..... ~"r -(I ,
l.~~>~-.--{'~ LUCILLE C. DOVER &.~
\:~~:. NOlar}' PuOlic SI I r~
,\::c'i>,"~~ · a e of Texas ,.
............. CommIssion Expires 7
-14-[.
""~
0 ) , .~.
..:r '( ...
~ J"::
C.) ... "~:". ":.": \ ~
.=.:- .... r.
.'- ....... \.l I "'. ~
.-- ... " &. ~ ~~~;..
\ ...;.;' ,:v
I (,
CO .....\~:; '~~~.';
,
i. C''J ,:!. ';:~ ell
~". ;...... ".J "':':
=--:> :.,' WI";
..-' =:-t ,.~
1-'" .~ ::...
(n <~'\)I ;J...
"-
AHl PIlCMSOIlfllEIIIlI\l)IIlESllICI5 II( "'U.1I(1I1.\L, QllII5f lJ III llUC_O!Eli
PK.I'fIlY IIEC.IIJ5( Of CQllII OR '-"lIS "'/'lG IIG lJ(IfIlCEAllf l.tUR f(DfIloll UW
THE srATE OF TEXAS~
COUN1'Y OF HARRIS
I hereby cently Ihal I .is in5ln.lnelll was FilED in File NII1IbeI
Sequence en I.. ~. an.1 /II IIle 111111 slimped hereon by mil' lWld was
QIt RECORDED. in he 0tftciaI Public R_cIs 01 Real Piopeny 01
Hallls Colny, leKa!' ,.
AUG 8 1997
e
tf~~~~
COUNTY Cl ERIC
IIARHIS COUNTY TeXAS
2
488-14a&-.
" FAX 488-5526
<-
BILL L. SHANKS
REOIS} ATION NO. 1821
1414 WAVE~T LANE
1I0US'I'ON, "-"As 77062
seA LE:
DATE: 7/30/97
REVISED: 8/Z/~ 7
SURVEY flY: J'. II.
DRAWN BY: B.IJ.S.
FOR: DE:CKER Mcl<Hl
".I. AMERICAN 'l'I'I'LE co.
GPU 97 CS 353879-P
PUnCIIASER: MARIO A. AIHlIAGA.
'l'nU S'l'l~E:
JOB. NO. 97-33882-2
._JKS LMD SURVEYORS
I HEREBY CERTIFY THAT THIS SURVEY
CONFORMS TO THE CURRENT TEXAS
SURVEYORS ASSOCIATION STANDARDS
AND SPECIFICATIONS FOR A CATEGORY
lA. COND!TION 2 SURVEY.
SURVEY
OF OUTLOTS 39, ~O, llL, & l12, LA PORTE OU"llOTS, SAVE & EXCEPT 0.0207 I'-CRE
mAc-r OUT OF HIE NORTHEAST CORNER OF OUROT ~O (K7RlI7~5), HARR IS COUNTY, TEX,
g
...
o
10
.u.
Z
...
~
o
u
u
..c
:.:
3.
"'~
'"
a...
8"
..lz:
J..5
/!c.
~B
>-
o
Oto
...0(
., Z
:40
to...
...
~~
:q~
...0
~2
...
'01
HO
-. -"'g
.......
~~
r""' - i;
...:>
u
~-
...~
H
~~
...:...
~
~
'....
~
fT
o
,..
ilII
~
~
o
z
o
~
o
11
~
.)
...
~
~
~
H
~
S' c: '" l-Ir
300'
. I
,f
"J ~ 1;., '1." J. e.
~ 9'8" ,.il.
I (...8' N
o
I
C.o
$~.T V~" I.~. 1
3o'tul!.T
t?lijT
of o_~__
~ LJ-Z,()C)
~ ~ ~
.- ,
I
.
I' ----f
"
".
T"-
~'
I
,.
1 ~
.
I~
(f',lb ';.;'
.- . ~
~
~ ~ ~
; I
~
~
a
~
\I
~
'=
u
~ I
~
~
<J-'
'r/
o
,..
;to
39
u.
~.
\j
~~ .' ,J.
~.'IJ,
~" He,..
n.
/.
~l'
-S (..2.
qoO
.. '1 c."
?
r
~
~,
~
, /..it,
)..:
V\
"
.....
\j
(\J
~
'"
'v
~o(,.
" ",-.------.. "
II- (l. t;-1
1,4')6
,;.
,..
j
o
4-0
a I
~ '\ .
~ ~ I
~
.... .
~I
c.ll. 0 d
"
1\10/27/1 "D
c.A j r
~ "'~'1iV PfJl,vtYl. POL(:-
4r cC)j!"'ei~
LINE OF TillS PROPEIl'rv A'!, 'I'HE
30' J( ~ 0' :1"'U"-'; t:7(C~'1,
TiUC7' (1<'78Y.'H~t)
,:..J. ~ ., /.,?
ro.d /.~.
rlJ
Lfl
Q"
()
NO'r~~: BEAIHNGS I3ASED ON I~ECOIlDED rl,A'1'.
'1'llI::IU~ AilE NO TEI,EPIIONE rOIJF.S ALONG Tm~ EAS'1'
'1'1'1'110: OF THIS SUIWI~Y.
H~I
5 .:t
. InUl
lJl s: ..
~ ..all
8 f~e
~ ug
u~
~ fU
~ a:e
c ;~~
t;"
~ ~~I
g ~.x
(J liI_
~i;
v ..
'" ..!lg
~ ~RN
~ ~....
~ ~g
'.t tsiil~
, iUS
.,.. ..J
.... ....
.,. ~:'J~
l),: il;!i
~ 3;~
~ BS:l
P')IO ~U:.l
_ ..oCt-
H ..flt;
o OM
101 E~~
~ ~~t1
o 1I"r.
u ......
10) lI:e
p:; j; 0 l:
<-.. -1:-'
,., ... o.a
:; II Ra
A. ~ u:
p: hE
o ..1:11
A. E~a
~
I
~
~
...,
__1
-~r'i
I
11.0
-11-0--
..
~8
f ,
.
CITY OF LA PORTE
e
May 21, 1999
TO:
Mayor and City Council
FROM:
Robert T. Herre~_City Manager
'-J\\ ~
Appointments to Boards
SUBJECT:
For your infonnation, the following individuals have expressed an interest at one time or
another to serve on City appointed Boards and Commissions. I offer these names to you.
They have not been approached by me.
Berdon Lawrence
Les Bird
Barry Beasley
Guy Rankin
Spero Pomonis
Vicki Abshire
Ken Strum
Bill White
Bill Scott
Paula Bridges
Inga Browder
Alan Buttler
Bob Capen
Reed Tolles
Lynn Green
Colleen Hicks
Chester Pool
Bill Love
Dennis Dunham
Bill Gwaltney
Bruce Hammack
Lin Pfeiffer
Hal Lawler
Andy Smith
Ed Matuszak
Bob McLaughlin
Imogene Pulleine
Pat Muston
Rob Roy
Greg Sills
B. Don Skelton
Bill Snead
Mike Mosteit
pE:C'- ,{
" I "Ii -'
J.I, ({ -+Q I"; :::
,
RTII:cjb
c 10hn loerns
leffLitchfield
e
.
BAYPORT CONTAINER TERMINAL
· Ned S. Holmes Container Terminal (Bayport Channel)
1.2 Billion Dollar Facility to be implemented over the next IS to 20 years in Bayport Channel
Primarily a container facility
Construction of a cruise terminal depending on business demand
. Bay Colony Concerns
Bay Colony is very concerned about this project.
We are within 800 to 1000 feet of the facility
We are within 400 to SOO feet of ship traffic currently which consists of approximately two to four
ships per day. That will increase significantly with container shipping.
We anticipate 24-hour per day lighting.
We anticipate 24-hour per day noise.
We anticipate 24-hour per day ship traffic and the associated ground vibrations.
. Funding For Facility
Funding for the facility will be accomplished by issuing Harris County Bonds.
PHA plans to submit to the Harris County voters an initial 387 Million Dollar Bond Issue this
November.
PHA already gets 2.1 cents per $100 evaluation. The new bonds will increase our tax burden by
an additional 2.1 cents per $100 evaluation.
Simple math indicates that there will be at least 3 more bond issues of the same magnitude over
the next 20 years and, in aU probability, that will increase to at least 5 issues.
. City Of LaPorte Concerns??
We feel that the City Of LaPorte should also be concerned about the facility.
The facility will require:
7000 Trucks per day (each way) through the city
57 Trains per week through the area
Truck traffic will require significant improvements to HWY 146
Rail traffic will require significant improvements to the area rail facilities.
Combined tmfflc will generate additional air emmisions which may be a health hazard.
. General Concerns??
Senate Bill 1502, Sponsored by Jon Lindsay, allows Port Authorities Right Of Eminent Domain
over properties within city jurisdictions.
Enviornment hnpact Statement, Scoping Meeting - July 1999.
Bond Election - November 1999.
. Question To LaPorte City Council??
There appears to be general opposition to the planned project by various communities in the area.
As far as can be detennined, there has been no mention of LaPorte's position regarding the
project.
Can we schedule a session with council to further discuss the pros and cons of the proposed
project?