HomeMy WebLinkAbout1999-06-28 Regular Meeting
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MINUTES OF THE REGULAR MEETING
OF LA PORTE CITY COUNCIL
JUNE 28, 1999
1. CALL TO ORDER
The meeting was called to order by Mayor Norman Malone at 6:02 p.m.
Members of City Council Present: Councilpersons Guy Sutherland, Chuck Engelken,
Peter Griffiths, Alton Porter, Deotis Gay, Charlie Young, Jerry Clarke, and Mayor
Norman Malone
Members of Council Absent: Councilperson Howard Ebow
Members of City Executive Staff and City Emolovees Present: City Manager Robert T.
Herrera, Assistant City Attorney John Armstrong, City Secretary Martha Gillett,
Assistant City Manager John Joerns, Administrative Assistant Carol Buttler, Director of
Administrative Services Louis Rigby, Director of Planning Doug Kneupper, Acting
Police Chief Aaron Corrales, Director of Public Works Steve Gillett.
Others Present: Colleen Hicks, Summer Cacciotto, and Connie Elston.
2, Mayor Norman Malone delivered the Invocation.
3, Council considered approving the minutes of the Regular Meeting, Public Hearing, and
Workshop Meeting on June 14, 1999.
Motion was made bv Counciloerson Clarke to aporove the minutes of the Regular
Meeting. Public Hearing, and Workshoo Meeting as oresented. Second by
Councilperson Engelken. The motion carried unanimously.
Ayes: Sutherland, Engelken, Griffiths, Porter, Gay, Young, Clarke and Malone
Nays: None
Abstain: None
4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND
TAX PAYERS WISHING TO ADDRESS COUNCIL
There were no citizens wishing to address City Council.
5. Council considered approving an ordinance authorizing the City to enter an agreement
with Bay Area Transportation Partnership.
City Manager Robert T. Herrera presented summary and recommendation and answered
City Council's questions. Connie Elston with Bay Area Transportation Partnership was
present for questions. Councilperson Sutherland asked for clarification on who would
receive payments. Payment would be made to Bay Area Transportation Partnership. The
agreement is for a period of one (1) year.
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City Council Minutes - June 28, 1999 - Page 2
Assistant City Attorney read: ORDINANCE 99-2335 - AN ORDINANCE APPROVING
AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE
AND THE BAY AREA TRANSPORTATION PARTNERSHIP, TO PROVIDE
TRANSPORTATION MANAGEMENT SERVICES, FOR A TERM OF ONE YEAR;
APPROPRIATING $5,623.00, TO FUND SAID CONTRACT; MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE
DATE HEREOF.
Motion was made bv Councilperson Y oun!! to approve the ordinance as presented bv
Mr. Herrera. Second by Councilperson Clarke. The motion carried unanimously.
Ayes: Sutherland, Engelken, Griffiths, Porter, Gay, Young, Clarke and Malone
Nays: None
Abstain: None
6. Council considered approving an ordinance authorizing the land acquisition of a 33 :!:
acre tract for Park Zone I.
City Manager Robert T. Herrera presented summary and recommendation and answered
City Council's questions. Assistant City Manager John Joerns assisted Mr. Herrera with
summary and recommendation.
Assistant City Attorney read: ORDINANCE 99-2336 - AN ORDINANCE
AUTHORIZING THE PURCHASE OF A 33.644 ACRE TRACT OF LAND IN THE
CITY OF LA PORTE, FOR PUBLIC PARK PURPOSES; PROVIDING FOR TERMS
AND CONDITIONS OF SUCH PURCHASE; MAKING APPROPRIATIONS;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Engelken to approve the ordinance as presented by
Mr. Herrera and Mr. Joems. Second by Councilperson Griffiths. The motion carried
unanimously.
Ayes: Sutherland, Engelken, Griffiths, Porter, Gay, Young, Clarke and Malone
Nays: None
Abstain: None
7. Council considered approving an ordinance authorizing the City Manager to execute and
deliver a drainage easement dedication from the City of La Porte to the public.
Assistant City Manager John Joerns presented summary and recommendation and
answered City Council's questions.
Assistant City Attorney John Armstrong read: ORDINANCE 99-2337 - AN
ORDINANCE AUTHORIZING THE EXECUTION AND DELIVERY OF A
DRAINAGE EASEMENT DEDICATION FROM THE CITY OF LA PORTE TO THE
PUBLIC; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
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City Council Minutes - June 28, 1999 - Page 3
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Engelken to approve the ordinance as oresented by
Mr. Joerns. Second by Councilperson Sutherland. The motion carried unanimously.
Ayes: Sutherland, Engelken, Griffiths, Porter, Gay, Young, Clarke and Malone
Nays: None
Abstain: None
8. Council considered approving an ordinance amending chapter 6, section 6-78 of the code
of ordinances of the City of La Porte, by adding an area at a restaurant where wine and/or
beer for consumption on the premises may be sold.
City Secretary Martha Gillett presented summary and recommendation and answered
City Council's questions.
Assistant City Attorney read: ORDINANCE 1000-I-E - AN ORDINANCE OF THE
CITY OF LA PORTE, TEXAS, AMENDING CHAPTER 6, SECTION 6-78 OF THE
CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY ADDING AN AREA
AT A RESTAURANT WHERE WINE AND/OR BEER FOR CONSUMPTION ON
THE PREMISES MAY BE SOLD; FURTHER PROVIDING A SAVINGS CLAUSE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made by Counciloerson Griffiths to approve the ordinance as presented bv
Ms. Gillett. Second by Councilperson Engelken. The motion carried unanimously.
Ayes: Sutherland, Engelken, Griffiths, Porter, Gay, Young, Clarke and Malone
Nays: None
Abstain: None
9. Council considered approving an ordinance authorizing the execution by the City of
La Porte of an Industrial District Agreement with Initial DSI Transports, Inc., for the
term commencing January 1, 1999, and ending December 31,2000.
Director of Planning Doug Kneupper presented summary and recommendation and
answered City Council's questions. The City of La Porte is entering a new agreement
due to new property owners. .
Assistant City Attorney read: ORDINANCE 93-IDA-53 - AN ORDINANCE
AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN
INDUSTRIAL DISTRICT AGREEMENT WITH INITIAL DSI TRANSPORTS, INC.,
FOR THE TERM COMMENCING JANUARY 1, 1999, AND ENDING DECEMBER
31, 2000; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING AN EFFECTIVE DATE HEREOF.
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City Council Minutes - June 28, 1999 - Page 4
Motion was made by Councilperson Clarke to approve the ordinance as presented by
Mr. Kneupper. Second by Councilperson Engelken. The motion carried unanimously.
Ayes: Sutherland, Engelken, Griffiths, Porter, Gay, Young, Clarke and Malone
Nays: None
Abstain: None
10. Council considered approving an ordinance authorizing the City of La Porte to enter into
a water service agreement with Initial DSI Transports, Inc.
Director of Planning Doug Kneupper presented summary and recommendation and
answered City Council's questions.
Assistant City Attorney read: ORDINANCE 99-2338 - AN ORDINANCE APPROVING
AND AUTHORIZING A WATER SERVICE AGREEMENT BETWEEN THE CITY
OF LA PORTE AND INITIAL D.S.I. TRANSPORTS, INCORPORATED, FOR
PROVISION OF POTABLE WATER SERVICE; MAKING VARIOUS FINDINGS
AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE
HEREOF.
Motion was made by Councilperson Sutherland to approve the ordinance as presented bv
Mr. KneuDper. Second by Councilperson Engelken. The motion carried unanimously.
Ayes: Sutherland, Engelken, Griffiths, Porter, Gay, Young, Clarke and Malone
Nays: None
Abstain: None
11. Council received a report form City Staff and offered direction regarding a Utility
Extension Agreement between the City of La Porte and John Frantz Co. regarding
extension of waterline outside the city limits.
Director of Planning Doug Kneupper presented a report concerning John Frantz Co. and
answered City Council's questions.
Council recommended the City move forward with this agreement. However, they want
provisions included to ensure current and potential property owners are made aware of
the City's policy concerning water service from outside the City limits.
12. CONSENT AGENDA
A. Consider awarding bid to Vulcan Construction Materials for annual contract for
aggregate surface treatment - S. Gillett.
B. Consider awarding bid to DXI Industries for annual contract for liquid chlorine -
S. Gillett.
Director of Public Works presented summary and recommendations and answered City
Council's questions.
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City Council Minutes - June 28, 1999 - Page 5
Motion was made by Councilperson Clarke to approve the consent agenda items as
presented by Mr. Gillett and vote on the consent agenda as one item. Second by
Councilperson Engelken. The motion carried unanimously.
Ayes: Sutherland, Engelken, Griffiths, Porter, Gay, Young, Clarke and Malone
Nays: None
Abstain: None
13. ADMINISTRA TNE REPORTS
City Manager Robert T. Herrera reminded Council of the following events:
A. Budget Workshop - August 16-20, 1999.
B. July 5, 1999 - City Holiday - Observance ofIndependence Day.
C. City Council Retreat - July 30 & 31, 1999.
14. COUNCIL ACTION
Councilpersons Sutherland, Engelken, Griffiths, Porter, and Clarke brought items to
Council's attention. Mayor Malone read a letter to the Editor from Councilperson
Ebow concerning the Juneteenth Festivities.
15, 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. 551.071 (LEGAL) MEET WITH CITY MANAGER AND CITY ATIORNEY
TO DISCUSS LEGAL MATIER
B. 551.074 (PERSONNEL MATIER) DISCUSS APPOINTMENTS OF BOARDS
AND COMMISSIONS
Council retired into Executive Session at 6:58 PM under Section 551.071 (Legal) and
551.074 (Personnel Matters).
Council adjourned Executive Session at 8:57 PM.
Council returned to the table at 9:00 PM.
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City Council Minutes - June 28, 1999 - Page 6
16. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED
IN EXECUTIVE SESSION
No action taken.
17, ADJOURNMENT
There being no further business to come before Council, the Regular Meeting was duly
adjourned at 9:02 PM.
Respectfully submitted,
~M~)f~
Martha Gillett
City Secretary
Passed and approved on this 12th day of July 1999.
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REOUES.OR CITY COUNCIL AGENDA ITE'
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Agenda Date Requested: June 28. 1999
Requested By: Robert T. Herrera
Department: Administration
_ Report __ Resolution XXX Ordinance
Exhibits:
1, Ordinance No. 99-
2, LeUer of Proposal from Bay Area Transportation Partnership
3. Invoice from Bay Area Transportation Partnership
SUMMARY & RECOMMENDATION
At the City Council \iVorkshop meeting held on June 14, 1999, Council received a presentation from Bay Area
Transportation Partnership representatives.
Council was briefed on the purpose of Bay Area Transportation Partnership and was asked to participate in this
organization, which would involve annual dues of $5,623.00. Bay Area Transportation Partnership will use their
efforts as a liaison with other County and State agencies to include La Porte in transportation programs that will
benefit citizens of our c;ommunity.
At the end of the first year of the City of La Porte's participation, Bay Area Transportation Partnership
representatives will retiJfIl to City Council with a status report on the results of this organization's efforts.
Funds are available for the first year's membership dues in the City's Economic Development Fund account
#036-6061-565-2075.
Action Required by Council:
Approve Ordinance No. 99- authorizing the expenditure of $5,623.00 in dues for a one-year membership
in the Bay Area Transportation Partnership.
Availability of Funds:
General Fund__ WaterlWastewater
_ Capital Improvf~ment_ General Revenue Sharing
...x...- Other - Economic Development
Account Number: #036-6061-565-2075 Funds Available: X YES NO
Annroved for City Olundl Ae:enda
G~ T. ~~ ~h.:',)\'\'
Robert T, Herrera Date
City Manager
Current as oro 1/99
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ORDINANCE NO. 99-2 3 3 5 ,:;- "':'"":]
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND THE BAY AREA TRANSPORTATION PARTNERSHIP, TO
PROVIDE TlUuqSPORTATION HAHAGEKENT SERVICES, FOR A TERM OF ONE YEAR;
APPROPRIAT:[NG $5,623.00, TO FUND SAID CONTRACT; HAltING VARIOUS
FINDINGS AIm PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE
WITH THE O:E'EN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Sectil)D 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 term of the agreement shall be for one year. The
City ManagE!r is hereby authorized to execute such document and all
related dOI::uments on behalf of the City of La Porte.
The City
Secretary i.s hereby authorized to attest to all such signatures and
to affix tbe seal of the City to all such documents. City Council
appropriatE!s the sum not to exceed $5,623.00 from the Economic
Development; Fund, Account #036-6061-565-2075, to fund said
contract.
SecticlD 2. The City council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, plaCE! and subject of this meeting of the city Council was
posted at a place convenient to the public at the City Hall of the
Ci ty for t.he time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and t:h.at this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter theI'eof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
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ORDI:NANCE :~O. 99- 2 335 .. 'r
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Sectil)D 3. This Ordinance shall be effective from and after
its passagl! and approval, and it is so ordered.
PASSED AND APPROVED, this 28th day of June, 1999.
CITY OF LA PORTE
BY:~~(~
Nprman L. alone,
Mayor
ATTEST:
tffI~a. ~
Martha A. Gillett,
City Secretary
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Knox W. As}:ins,
City Attorney
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www.batp.org
Executive Director
COllllie G. Elstoll
Executive Committee
Chairman
Charles A. Jacobson
VICe Chairman
Gerald B. Allen
Secretary
David Murphy
Treasurer
John L Martinec
Board Of Directors
Gale Burkett
Aline Dickey
Nick Finan
Steve Frahm
Dick Gregg Jr.
Dick Gregg ill
David Hamblin
Rich Hickman
John Kennedy
Tom Knickerbocker
John Massey
The Honorable Floyd Meyers
Natalie O'Neill
Lee Patterson
John Pew
The Honorable Tom Reid
Bob Robinson
Emyre Robinson
Jerry Shults
Dan Saucedo
Martha Saucedo
Doris Stafford
Tom Stansel
Rob Todd
Charlie Whynot
Advisory Board
Claudette Aldennan
Mike Allison
Sharon Barnes
Judge Robert Eckels
Pat Hargrove
Dr. James Horton
Jerry King
Steve Phelps
Dr. William A. Staples
Gary TrielSCh
Laura Van Ness
Steve Waldner
Judge John G. Willy
Dr. John Wilson
Judge James D. Yarbrough
.ay Area TransporAion Partnership
Formerly the Ckar We ~poT1lllioIl Partnership
711 W. Bay Area Boulevard. Suile 610 . Webster, Texas 77598 · 281-338-1062' Fax 281-338-4451
June 30, 1999
CfTl)f ".~?l ~U
J IlVJJ flc"AGER
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Mr. Bob Herrera
City Manager
City of La Porte
P.o. Box 1115
La Porte, Texas 77572-1115
Dear Bob:
I want to thank you again for you support. The Partnership
looks forward to working with you and the City of La Porte to
address your transportation mobility and air quality needs.
As discussed, on Monday, I am forwarding an updated Invoice
which reflects the City of La Porte's Fair Share Contribution
for the period June 28, 1999 - June 28, iooo.
I will send all correspondence and meeting announcements to
you and the Mayor's attention until you designate a City of La
Porte representative. As discussed, your or any member of
Council is welcome to attend our regularly scheduled Board or
Committee meetings.
The Partnership's next Board meeting will be held on
Thursday, July 15th, 4:00 p.m., Bay Area Community Center,
5002 NASA Road One. I hope that you or a designated
representative wi.ll be able to attend.
I hope to see you and members of your Council at our State of
the Counties Address on July 22nd. Please feel free to bring
guests.
Your Regio1Ull Voice for Transportation Mobility and Air Quality
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Mr. Bob Herrera
I would like to meet as soon as possible to discuss specific
transportation projects for the City. Please call me to schedule
this meeting at your convenience.
Thank you again for your support.
Enclosure
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Bay Area Transportation Partnership. 711 W. Bay Area Boulevard, Suite 610. Webster, Texas 77598. (281) 338-1062 FAX (281) 338-4451
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INVOICE
BAY AREA TRANSPORTATIONPARTNERSBIP
June 28, 1999
Mr. Bob HeJTera
City Manag€:T
City of LaPe rte
P.O. Box 1115
LaPorte,Te}~ 77572-1115
BA Y AREA. TRANSPORTATION PARTNERSHIP
June 1999 - June 2000 111embersh;p Dues
City of LaPorte - Fair Sbare Contribution
$5,623.00
Please make checks payable to:
Clear Lake Transportation Partnership
711 \V. Bay Area Blvd., Suite 610
Webster, Texas 77598
Tbank You
Bay Area Transportation Partr:ership. 711 W. Bay Area Boulevard, Suire 610. Websrer, Texas 77598. (281) 338-1062 FAX (281) 338-4451
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.Bay Area Transportation Partnership
711 W. Bay Area Boulevard. Suite 610. Webster. Texas 77598.281-338-1062. Fax 281.338-4451
BAY AREA TRANSPORTATION PARTNERSHIP
711 'V. BAY AREA BLVD., SUITE 610
WEBSTER, TEXAS 77598
281-338-1062 Tel./281-338-4451 Fax
June 21, 1999
To: Bay Area Transportation Partnership
Board of Directors
From: Connie Elston
Executive Director
Re: June Board Meeting
The next board meeting v"ill be held Thursday July 15, 1999,4:00
p.rn, at the Bay Area Community Center, Clear Lake .Park - 5002 Nasa
Rd. 1.
Our keynote speaker is Maureen \Vakeland and Mark Holt, TxDOT.
They will provide updates on NASA Road One improvements and
specitically address the proposed NASA Road One Bypass.
This promises to be a very informative meeting. Please call the office at
281-338-1062 to con.firm your attendance.
Thank you for your continued suppon.
Connie Elston
Your Regional Voice for Transportation Mobility and Air Quality
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REOUES~R CITY COUNCIL AGENDA ITE"
Department: Administration
Agenda Date Requested:
ne 28 1999
Requested By: John Jo
X Ordinance
Exhibits:
1, Ordinance No.
2, Letter From Pha!:e Engineering
SUMMARY & RECOMMENDATION
The City of La Porte's Comprehensive Plan calls for a park to be located in the west end of town. Staff reviewed
with City Council several available sites and received direction from Council to pursue the purchase of a 33j: acre
site located on the non hwest corner of Fairmont Parkway and Canada Road.
City Council has been advised of a firm offer to purchase this 33j:acre tract for Park Zone 1 from Countrywide
Parks I for an agreecl price of S425,000. Staff has confirmation that wetlands are not an issue for future
development of the Park. Attached is a letter from Phase Engineering stating that there is less than 1/3 of an acre
which is below the Corps threshold for notification and permitting.
Staff recommends City Council approve an ordinance authorizing acquisition of this 33j:acre tract. Funds have
been budgeted in two separate places. First, the FY 98-99 General Obligation Bond Fund has an available budget
ofS349,720. We will utilize S75,280 from the Park Zone 1 Fund to bring the total to S425,000.
Action Required by Council:
Approve an oldinance authorizing the land acquisition of a 33 :!: acre tract for Park Zone 1.
Availability of Funds:
General Fund_. WaterlW astewater
X Capital Improvement_ General Revenue Sharing
X Other
Account Number: 040-9892-792-1100
Funds Available: X YES NO
Approved for City Council Ae:enda
~~ <s,(tql41
Date
~~1:
Robert T, Herrera
City Manager
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ORDINANCE NO. 99-233 6 '~,J'/I
AN ORDINANCE AUTHORIZING THE PURCHASE OF A 33.644 ACRE TRACT OF
LAND IN TH:e: CITY OF LA PORTE, FOR PUBLIC PARK PURPOSES; PROVIDING
FOR TERMS ;~ CONDITIONS OF SUCH PURCHASE; MAKING APPROPRIATIONS;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE IOATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Sectil)D 1. The City Council of the City of La Porte hereby
authorizes the purchase of the 33.644 acre tract of land, more
particularly described by metes and bounds on Exhibit "A" attached
hereto, in'::orporated by reference herein, and made a part hereof
for all purposes, from Countrywide Parks I, Inc., for a total
acquisition price of $425,000.00 cash.
Title to said property
shall be conveyed to the City of La Porte pursuant to a Special
Warranty DEled "as is, where is". The transaction shall close on or
before JunEl 30, 1999, at American Title Company, Deer Park, Texas.
The City o:E La Porte shall pay all costs for title insurance, a
survey, environmental inspections, and any other due diligence
efforts wh ich the Ci ty of La Porte wishes to pursue.
All ad
valorem ta>.: assessments shall be prorated as of May 1, 1999.
sectiCtn 2. The city Council of the City of La Porte hereby
confirms tt..at the subject property is being purchased by the City
of La Porte for public park purposes, and that countrywide Parks I,
Inc., shal:. be conveying the property to the City of La Porte,
under threat of eminent domain proceedings by the City of La Porte.
SectioD 3.
Countrywide Parks I, Inc., and the City of La
Porte shall enter an agreed Declaratory Judgment in the pending
litigation styled Countrywide Parks I, Inc. vs City of La Porte,
Cause No. 710,442, Harris County Civil Court at Law No.1.
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ORDINANCE NO. 99-2336
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PAGE 2
sectioD 4. City Council appropriates the sum of $425,000.00
from the C:ity of La Porte 1998 General obligation Bond Fund No.
040-9892-7~2-11-00, plus such additional funds as may be necessary
for closing costs, to fund said purchase.
sectil)D 50
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 t:hat this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter the:~eof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such writt<<m notice and the contents and posting thereof.
sectiC)D 6. This Ordinance shall be effective from and after
its passagu and approval, and it is so ordered.
PASSED AND APPROVED, this 28th day of June, 1999.
By:
ATTEST:
AYlAUj. ~~
~;i let
:ai;/~
Knox W. As]l:ins
City Attorney
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PAGE 81
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B2D3 WiIaw P111C11 SouII. SuiID 2.80
Haunln. TealS 77D7O
(211) -40a.2M2
~)..a.33153 Fax
1.aolW1&81l1S'
Phase Engineering, Inc.
I
June 18. 1999
Mr. Doug Kneupper .
cay of La Porte
P.O. Sale 1115
La Porte. TX 77fi12-1115
Deer Doug:
I haWI performed an weiland detenninallcn In acccrd8nce with the 1981 U,S, Nmy Corpa of
EngIneens Wetlands Manuel 011118 33 acre property located along Canada Road. La Porte, TX.
.--..-.,... --. -..... .
Baaed DO~the~property inspedIon perfanned.~.J~ .~O, :1'9~,'~.re wete no J~"
wettand ... greeter Ih8n 1/3 of an acre Ioc:atecI on th. subject sl,te. Current regulslforili do
nat require Carps natIIIcsUon and permiWng prior to the discharge of flU ma!I!ri8le b1ro poIEnllal
......Ifh..da arees of less than 1/3 of an acre.
: . .....~ 1.:1: .
Phase engineering, Inc.1s listed as a wetI8nds deDneatlon service prcvlder by ~e G~i8lcn
CIstrlcl: of the U.s. Cops of Engineers and I have completed the U.S. Army Corps of Engineers
Wetland Delineator Certificallon Training Program. .. , ; ','"
Thank you far uaing tie professional seNlces of Phase Engineering, Inc. If}QJ should haVe
any questions please call me at (281) 469-2242 or 1-800-419-8881. ';.:: {..
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Consultants
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.REOUEST~R CITY COUNCIL AGENDA ITE'-
Agenda Date Requested:
1999
Requested By: John Joem
Department: Administration
X Ordinance
Exhibits:
1, Ordinance No,
2, Exhibit" A" - Dr~linage Easement Dedication
with Exhibits A.-A13 and B.-B13
SUMMARY & RECOMMENDATION
Re: FIOl Watershed Improvements
The Interlocal Agreement with Harris County Flood Control District provides for the City to acquire certain tracts of
land and then grant the District the right to enter the property for construction and maintenance.
We have acquired 13 :parcels of land necessary to make improvements to the F101 Watershed. This ordinance
will authorize the Ci!3' Manager to execute a "Drainage Easement Dedication" to the Public. This easement
grants Harris County Flood Control District the right to enter upon these properties to construct and maintain
the channel.
Both the City Attorney and Harris County Attorney have reviewed and approved this drainage easement
dedication.
Action Required by Council:
Approve an ordinance authorizing the City Manager to execute and deliver the attached Drainage
Easement Ded.ication from the City of La Porte to the Public.
Availability of Funds:
General Fund__ WaterlWastewater
_ Capital Improvl:ment_ General Revenue Sharing
Other
Account Number:
Funds Available: YES NO
Aooroved for City Council A2enda
(Si"T ~ (0- ).~.'f'
Robert T, Herrera
City Manager
Date
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ORDINANCE NO. 99-233 7 ">/4"'"
AN ORDINAN(~E AUTHORIZING THE EXECUTION AND DELIVERY OF A DRAINAGE
DSEKEN'l' DIIDICATION FROM THE CITY OF LA PORTE TO THE PUBLIC; MAKING
VARIOUS FIlmINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOlr.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
sectioD 1. The City Council of the City of La Porte hereby
authorizes the execution of a "Drainage Easement Dedication" to the
public, in form attached hereto as Exhibit A", incorporated by
reference herein, and made a part hereof for all purposes. The
execution cmd delivery of said "Drainage Easement Dedication" is a
part of an agreement between the City of La Porte and the Harris
County FICtod Control District.
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,
reci tes, and declares that a suff icient written notice of the date,
hour, placl:! and subj ect of this meeting of the City Council was
posted at c. place convenient to the public at the City Hall of the
City for 1:he 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 writtE!n notice and the contents and posting thereof.
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ORDINANCE NO. 99- 2 3 3 7
pJ\GE 2
SecticlD 3. This Ordinance shall be effective from and after
its passagE! and approval, and it is so ordered.
PASSED AND APPROVED, this 28th day of June, 1999.
By:
~ LA PORTE
No an ~~
Mayor
ATTEST:
u1'Y\ nA U (A., (1. l1d1U1
~ ~;illett
Ci ty Secret:ary
APPROVED':
,
qy-uz,V
~:ins
City Attorr.ley
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Exhibit IIAII to Ordinance 233 7 ~_. ..
DRAINAGE EASEMENT DEDICATION
STATE OF TEXAS ~
~
COUNTY OF HARRIS ~
Thut CITY OF LA PORTE, a municipal corporation (hereinafter termed
"City") by these presents does hereby dedicate unto the public, a perpetual
permanent easement and right of way for drainage and flood control purposes,
together with the right to construct, reconstruct, maintain and operate a drainage
course in, upon, along, across and beneath the following described property:
Tracts of land more particularly being described on Exhibits A1 -
Au and B1 - B13 attached hereto, incorporated by reference herein,
and made a part hereof for descriptive purposes (the "Property").
This easement may be used by the public only for the purposes stated in
this instrument. City, its successors and assigns, retain all other rights of use
over the easement area, provided that such rights do not interfere with the use of
the property for drainage and flood control purposes. The City retains the rights
to utilize the right-of-way for other purposes such as, but not limited to,
landscaping, pedestrian/equestrian trails, hike and bike trails, and utility
installations, which rights shall be subordinate to the Public's right to use the
right-of-way for drainage and flood control purposes. The City shall be
responsible for maintaining these .. other purpose" items. No facilities shall be
constructed on the Property until the plans and specifications thereof are
approved iin advance by the Harris County Flood Control District.
Anything herein to the contrary notwithstanding, this conveyance is made
subject to all easements, leases, agreements or licenses which affect the Property
hereby dedicated and any matter which would be disclosed by title examination,
survey, investigation, or inquiry. Said reservations specifically include the
reservations by Grantor of its right to retain rentals and the rights to terminate
any leases or pipelines (other than public utility pipelines) that cross over the
property dedicated herein and continue on to appurtenant City Property. Any
relocation of said le~es or pipelines necessitated by the construction of public
drainage i1nprovements shall not be at City's expense.
1
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IN TESTIMONY WHEREOF, this instrument is executed effective
as ofthe~ day of 1llAJ.f!. , 1999.
CITY OF LA PORTE
CR~ T.~
Robert T. Herrera,
City Manager
A ITEST:
By: 01t1'uJ:At1< ~f11Jf
-Mt:tha Gille ,City Secretary
APPROVED:
Assi.
B~
THE STATE OF TEXAS ~
~
COUNTY OF HARRIS ~
This instrument was acknowledged before' me on the 2. day of
dJ~\ _, 1999, by eobe.r-tl'. \.\urf"c.ro.-as City Manager of the City of
LaPorte,Texas. ~~OJ
olary Pu lie, te of Texas
.~ JANIS H, GOULDER
* NOTARY PUBLIC
'9! State of TeXIS
\: Cornm. Exp. 12.21-89
AFfER RECORDING RETURN TO:
City of La Porte
Attn: City ,Secretary
P.O. Box] 115
La Porte, Texas 77572-1115
2
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EXHIBIT Ar
ENOCH BRINSON SURVEY
ABSTRACT NO.5
F 101-00-00-02-904.0
PAGE 1 OF 2
State of Texas ~
County of HaIris ~
Being a 3.869 acre (168,538 square feet) parcel of land located in the Enoch Brinson Survey,
Abstract No. :;, Harris County, Texas, and being out of and a part of that certain 9.689 acre
parcel of land described in deed to Southern Pacific Transportation Company (SPTC), dated
January 18, IS'80, and recorded under Harris County Clerk's File (HCCF) No. H9674070fthe
Official Public Records of Real Property of Harris County, Texas (OPRRPHCT). Said 3.869
acre parcel being more particularly described by metes and bounds as follows:
(Bearings shown hereon are based upon the Texas State Plane Coordinate System, South Central
Zone, utilizing City of La Porte Monument No. 's H15-o1, HI4-01, EI4-01, and EI5-01, which
are based upon the USC & GS North American Datum of 1927.)
BEGINNING at a 5/8-inch iron rod set for the southeast comer of said 9.689 acre parcel of
land, being in the west line of that certain 120 foot wide fee strip conveyed by deed to Houston
Lighting and Power Co. (HL&P) and recorded in Volume 4596, Page 106 of the Deed Records
of Harris County, Texas (HCDR) and which POINT OF BEGINNING is in the south line of a
40 foot wide ~LSement conveyed by deed to Harris County Flood Control District (HCFCD) and
recorded in V(llume 1873, Page 357, of said HCDR, said iron rod being on the north line of a
Harris County Flood Control District (HCFCD) drainage easement recorded under HCCF NO.
N714546 of said OPRRPHCT;
THENCE, South 86 degrees 57 minutes 42 seconds West, with the common line of said 9.689
acre parcel of land and said HCFCD drainage easements, a distance of 164.36 feet to a 5/8-inch .
iron rod set on the arc of an intersecting curve to the right;
THENCE, in a.Northwesterly direction, across said SPTC 9.689 acre parcel and with said curve
to the right, having a central angle of 15 degrees 50 minutes 14 seconds, a radius of 490.00 feet,
and a chord length of 135.01 feet, bearing North 56 degrees 35 minutes 24 seconds West, a
distance along the arc of 135.44 feet to a 5/8-inch iron rod set for the point of tangency;
THENCE, North 48 degrees 40 minutes 18 seconds West, continuing across said SPTC 9,689
acre parcel, a distance of 340.58 feet to a 5/8-inch iron rod set for the point of curvature of a
curve to the left;
THENCE, in a Northwesterly direction, continuing across said SPTC 9.689 acre parcel and with
said curve to the left, having a central angle of 44 degrees 22 minutes 00 seconds, a radius of
320.00 feet, and a chord length of 241.65 feet, bearing North 70 degrees 51 minutes 18 seconds
West, a distance along the arc of 247.79 feet to a 112-inch iron rod found for the point of
tangency, and from which a 5/8-inch iron pipe found bears North 85 degrees 30 minutes East,
a distance of 0.28 feet, said 1/2-inch iron rod also being the northeast comer of a called 0.206
acre parcel of land described in deed to David Lee Eaton, et ux. (Eaton) dated February 11,
1981 and recorded under HCCF No. G861oo2 of said OPRRPHCT;
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EXHIBIT AI.
ENOCH BRINSON SURVEY
ABSTRACT NO.5
F 101-00-00-02-904,0
PAGE 2 OF 2
THENCE, South 86 degrees 57 minutes 43 seconds West, along a common line of said Eaton
and SPTC 9.689 acre parcels of land, a distance of 103.41 feet to a 5/8-inch iron rod set on the
west line of said SPTC 9.689 acre parcel of land, same being the northwest corner of said Eaton
parcel and also being on the east line of that certain parcel of land conveyed as Tract 1 by deed
dated July 23, 1992 to Buzbee-Weathersby-Cloy Corporation (BWCC) and recorded under
HCCF No. N789105 of said OPRRPHCT;
THENCE, North 03 degrees 02 minutes 19 seconds West, with the common line of said SPTC
9.689 acre parcel and said BWCC parcel, a distance of 128,63 feet to a I-inch iron pipe found
on the south line of that certain 36.108 acre parcel of land conveyed by deed dated January 18,
1980, to Soutnern Pacific Transportation Company and recorded under HCCF No. H967408 of
said OPRRPHcr;
THENCE, North 86 degrees 52 minutes 33 seconds East, with the common line of said SPTC
36.108 acre and said SPTC 9.689 acre parcels, a distance of 345.01 feet to a 5/8-inch iron rod
set on the arc of an intersecting curve to the right;
THENCE, in a Southeasterly direction across said SPTC 9.689 acre parcel and with said curve
to the right, having a central angle of 16 degrees 05 minutes 26 seconds, a radius of 510.00 feet,
and a chord :length of 142.76 feet, bearing South 56 degrees 43 minutes 01 second East, a
distance along the arc of 143.23 feet to a 5/8-inch iron rod set for the point of tangency; .
THENCE, South 48 degrees 40 minutes 18 seconds East, continuing across said SPTC 9.689
acre parcel, a distance of 340.58 feet to a 5/8-inch iron rod set for the point of curvature of a
curve to the l,;:ft;
THENCE, in a Southeasterly direction continuing across said SPTC 9.689 acre parcel and with
said curve to the left, having a central angle of 30 degrees 55 minutes 58 seconds, a radius of
300.00 feet, and a chord length of 160.00 feet, bearing South 64 degrees 08 minutes 17 seconds
East, a distan,:e along the arc of 161.96 feet to a 5/8-inch iron rod found on the common line
of said SPTe 9,689 acre parcel of land, and the aforesaid lll..&P fee strip;
THENCE, South 03 degrees 03 minutes 01 second East, with said common line, a distance of
138,71 feet to the POINT 'OF BEGINNING, and containing 3.869 acres (168,538 square feet)
ofland, of which 0.181 acre (7,882 square feet) oHand lies within an existing HCFCD drainage
easement, as described by deed recorded in Volume 1873, Page 357 of said HCDR,
This description is based on a Land Title Survey and Plat by J. Patrick Going, Registered
Professional Land Surveyor, License Number 44n, completed October 7, 1997, and is on fIle
in the office (If Baseline Corporation, Houston, Texas, Job No. 86.051.18.
Octabcc 2. 1997
RLD:bgb
lob No.: 86.051.18
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EXHIBIT "Bl"
Dole: 6/99
Prepared by City of La Parle
Engineering Division
File No.: 95-4301
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EXHIBIT A2
ENOCH BRll ffi ON SURVEY
ABSTRACT NO.5
F 101-00-00-02-905.0
PAGE 1 OF 2
State of Texas ~
County of HaJris ~
Being a 0.834 acre (36,348 square feet) parcel of land located in the Enoch Brinson Survey,
Abstract No.5, Harris County, Texas, and being out of that certain 36,108 acre parcel of land
described in dtm dated January 18, 1980 to Southern Pacific Transportation Company (SPTC),
and recorded under Harris County Clerk's File (HCCF) No. H967408 of the Official Public
Records of Real Property of Harris County, Texas (OPRRPHCT), Said 0.834 acre parcel being
more particularly described by metes and bounds as follows:
(Bearings shown hereon are based upon the Texas State Plane Coordinate System, South Central
Zone, utilizing' City of La Porte Monument No. 's HI5-01, H14-01, EI4-01, and EI5-01, which
are based upon the USC & GS North American Datum of 1927.)
BEGINNING at a I-inch iron rod found for the southwest comer of said 36.108 acre SPTC
parcel, same being the southeast corner of that certain 9.785 acre parcel of land described in
deed to Glenn M. Parmer, et ux., dated February 27, 1968 and recorded in Volume 7121,
Page 162 of the Harris County Deed Records (HCDR);
THENCE, North 03 degrees 02 minutes 45 seconds West, with the common line of said 36.108
acre SPTC and said 9.785 acre parcels, same being the east line of Outlot 917 of the La Porte
Outlots, according to the map or plat recorded in Volume 61, page 374 of said HCDR, a
distance of 103.73 feet to a 5/8-inch iron rod set on said east line of Outlot 917, and being on
the arc of an hltersecting curve to the left;
THENCE, in a Southeasterly direction, with said curve to the left, having a central angle of
29 degrees 35 minutes 57 seconds, a radius of 360.00 feet, and 'a chord length of 183.92 feet,
bearing South 78 degrees 14 minutes 32 seconds East, a distance along the arc of 185.98 feet
to a 5/8-inch i:~on rod set for the point of tangency;
THENCE, NO.rth 86 degrees 57 minutes 43 seconds East, across said SPTC parcel, a distance
of 24.22 feet to a 5/8-incl\ iron rod set;
THENCE, No:rth 84 degrees 05 minutes 58 seconds East, continuing across said SPTC parcel,
a distance of 100.12 feet to a 5/8-inch iron rod set;
THENCE, No:rth 86 degrees 57 minutes 42 seconds East, continuing across said SPTC parcel,
a distance of 103.41 feet to a 5/8-inch iron rod set for the point of curvature of a curve to the
right;
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EXHIBIT A2
ENOCH BRINSON SURVEY
ABSTRACT NO.5
F 101-00-00-02-905.0
PAGE 2 OF 2
THENCE, in a Southeasterly direction, continuing across said SPTC parcel and with said curve
to the right, having a central angle of28 degrees 16 minutes 34 seconds, a radius of 510,00 feet,
and a chord ll~ngth of 249.14 feet, bearing South 78 degrees 54 minutes 01 second East, a
distance along the arc of 251.69 feet to a 5/8-inch iron rod set in the south line of said
36.108 acre SlYfC parcel, said iron rod being on the north line of that certain 9.689 acre parcel
described in deed to Southern Pacific Transportation Company dated January 18, 1980, and
recorded unde:r File No, H967407 of said OPRRPHCT:
THENCE, South 86 degrees 52 minutes 33 seconds West, with the common line of said SPTC
9,689 and 36,1.08 acre parcels of land, a distance of 345.01 feet to a I-inch iron pipe found for
the northwest comer of said SPTC 9.689 acre parcel, said iron pipe also being the northeast
comer of that certain 8.626 acre parcel of land described as Tract 1 in deed to Buzbee-
Weathersby-Cloy Corporation (BWCC) dated July 23, 1992 and recorded under HCCF
No. N789105 of said OPRRPHCf;
THENCE, ~Ollth 86 degrees 53 minutes 20 seconds West, with the common line of said SPTC
36,108 acre and said BWCC 8.626 acre parcels, a distance of 302,02 feet to the POINT OF
BEGINNING, and containing 0.834 acre (36,348 square feet) of land,
This descripti<1n is based on a Land Title Survey and Plat by J. Patrick Going, Registered
Professional Land Surveyor, License Number 4477, completed October 7, 1997, and is on file
in the office OJ: Baseline Corporation, Houston, Texas, Job No. 86.051.18.
Oetobcr 2. 1997
RLD:bsb
lob No.: 86.0.51.18
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79
Dale: 6/99
Pre pored by City of Lo Parle
Engineering Division
File No.: 86-4302
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EXHIBIT A3 .
ENOCH BRINSON SURVEY
ABSTRACT NO.5
F 101-00-00-02-906.0
PAGE 1 OF 2
State of Texas A
County of Halns A
Being a 1.022 acre (44,530 square feet) parcel of land located in the Enoch Brinson Survey,
Abstract No.. ~j, Harris County, Texas, and being out of that certain 8.626 acre parcel of land
described as Tract I in deed dated July 23, 1992 to Buzbee-Weathersby-Cloy Corporation
(BWCC) and recorded under Harris County Clerk's File (BCCF) No. N789105 of the Official
Public Recordll of Real Property of Harris County, Texas (OPRRPHCT). Said 1.022 acre parcel
being more particularly described by metes and bounds as follows:
(Bearings shown hereon are based upon the Texas State Plane Coordinate System, South Central
Zone, utilizini: City of La Porte Monument No. 's HI5-01, HI4-01, EI4-01, and EI5-01, which
are based upon the USC & GS North American Datum of 1927.)
BEGINNING at a I-inch iron pipe found for the northeast comer of said Tract 1, same being
the northwest comer of that certain 9.689 acre parcel of land described in deed to Southern
Pacific Transportation Company (SPI'C) dated January 18, 1980 and recorded under HCCF
No. H967407 of said OPRRPHCT, and also lying on the south line of that certain called 36,108
acre parcel of land described in deed to said SPTC dated January 18, 1980 and recorded under
HCCF No. H967408 of said OPRRPHCT;
THENCE, South 03 degrees 02 minutes 18 seconds East, with the common line of said Tract 1
and said SPTC 9.689 acre parcel, a distance of 128.63 feet to a 5/8-inch iron rod set, being the
most westerly southwest comer of said SPI'C 9.689 acre parcel, and also being the northwest
comer of that certain 0.206 acre parcel of land described in deed to David Lee Eaton, et ux.,
dated February 11, 1981 and recorded under HCCF No. G861oo2 of said OPRRPHCT;
THENCE, South 89 degrees 49 minutes 27 seconds West, across said Tract 1, a distance of
100.12 feet to a 5/8-inch iron rod set;
THENCE, SO'Jth 86 degrees 57 minutes 43 seconds West, continuing across said Tract 1, a
distance of 24.22 feet to a ~/8-inch iron rod set for the point of curvature of a curve to the right;
THENCE, in a Northwesterly direction, continuing across said Tract 1 and with said curve to
the right, having a central angle of 38 degrees 00 minutes 09 seconds, a radius of 540.00 feet,
and a chord length of 351.63 feet, bearing North 74 degrees 02 minutes 22 seconds West, a
distance along the arc of 358.16 feet to a 5/8-inch iron rod set for the point of tangency;
THENCE, North 55 degrees 02 minutes 18 seconds West, continuing across said Tract 1, a
distance of 13.90 feet to a 5/8-inch iron rod set on the common line of said Tract 1 and that
certain 9.785 a.cre parcel described in deed dated February 27, 1968 to Glenn M. Parmer, et ux.
(parmer) and recorded in Volume 7121, Page 162 of said HCDR;
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EXHIBIT A3
ENOCH BRINSON SURVEY
ABSTRACT NO.5
F 10 1-()()..()()-()2-906. 0
PAGE 2 OF 2
THENCE, North 86 degrees 53 minutes 20 seconds East, with the common line of said Tract 1
and said Parmer parcel, at a distance of 165,63 feet passing a I-inch iron rod found for the
common south comer of said Parmer parcel and the aforesaid 36.108 acre SPTC parcel, and
continuing now with the common line of said Tract 1 and said 36.108 acre SPTC parcel for a
total distance (If 467.65 feet to the POINT OF BEGINNING, and containing 1.022 acres (44,530
square feet) of land.
This description is based on a Land Title Survey and Plat by J. Patrick Going, Registered
Professional Land Surveyor, License Number 4477, completed October 7, 1997, and is on fue
in the office of Baseline Corporation, Houston, Texas, Job No, 86,051.18.
Octab<< 2, 1997
lU.D:btb%Job No.: 86.051.18
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EXHIBIT IB-3"
Prepared by Cily of La Porle
Engineering Division
OGle: 6/99
File No.: 86-4302
e
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EXHIBIT A4
ENOCH BRINSON SURVEY
ABSTRACT NO.5
F 101-00-00-02-907.0
PAGE 1 OF 2
State of Texas i
County of H3lris i
Being a 1.525 acre (66,440 square feet) parcel of land located in the Enoch Brinson Survey,
Abstract No.5, Harris County, Texas, and being out ofa 9,7S5 acre tract of land, conveyed to
Glenn M. Parmer, et ux, (parmer), by deed dated February 27, 1968, and recorded in Volume
7121, Page 162 of the Harris County Deed Records, Harris County, Texas (HCDR), said 9,785
acre tract bein;~ furthermore described as Outlots 903,912, and the north 360 feet of Outlot 917
of the La PoIt~ Outlots, a subdivision recorded by plat in Volume 61, Page 374 of said HCDR.
Said 1.525 acre parcel being more particularly described by metes and bounds as follows:
(Bearings shown hereon are based upon the Texas State Plane Coordinate System, South Central
Zone, utilizing; City of La Porte Monument No. 's HI5-01, HI4-0I, EI4-0I, and EI5-01, which
are based upon the USC & GS North American Datum of 1927.)
BEGINNING at a 5/S-inch iron rod set for the northwest corner of said Parmer parcel, from
which a 2-inch iron pipe found bears North 43 degrees 26 minutes East, a distance of 1.76 feet
and a II2-inch iron rod found bears North 65 degrees 31 minutes East, a distance of 1.29 feet;
THENCE, South 55 degrees 02 minutes IS seconds East, across said Parmer parcel, a distance
of 372.70 feet to a 5/8-inch iron rod set for the point of curvature of a curve to the left;
THENCE, in c. Southeasterly direction, continuing across said Parmer parcel and with said curve
to the left, having a central angle of 08 degrees 24 minutes 16 seconds, a radius of 360.00 feet,
and a chord lcmgth of 52.76 feet, bearing South 59 degrees 14 minutes 25 seconds East, a
distance along the arc of 52.S1 feet to a 5/S-inch iron rod set for corner in the east line of said
Panner parcel, same being the east line of said Outlot 917 and a west line of that certain 36.108
acre parcel conveyed by deed dated January 18, 1980 to Southern Pacific Transportation
Company (SPTC) and recorded under Harris County Clerk's File (RCCF) No, H96740S of the
Official Public Records of Real Property of Harris County, Texas (OPRRPHCT);
THENCE, South 03 degree:s 02 minutes 45 seconds East, with the common line of said Parmer
parcel and said 36.108 acre SPTC parcel, a distance of 103.73 feet to a I-inch iron rod found
for the southeast comer of said Parmer parcel and the herein described parcel, and being on the
north line of that certain 8.626 acre parcel conveyed by deed dated July 23, 1992 to Buzbee-
Weathersby-Cloy Corporation (BWCC) and recorded under HCCF No. N789105 of said
OPRRPHCT;
THENCE, South 86 degrees 53 minutes 20 seconds West, along the common line of said Parmer
parcel and said BWCC parcel, a distance of 165.63 feet to a 5/S-inch iron rod set for corner;
e
e
EXHIBIT A4
ENOCH BRINSON SURVEY
ABSTRACT NO.5
F 101-00-00-02-907.0
PAGE 2 OF 2
THENCE, North 55 degrees 02 minutes 18 seconds West, a distance of 218, 13 feet to a 5/8-inch
iron rod set fOI' corner on the west line of said Parmer parcel, same being the east line of Outlot
916, and also being the east line of that certain 5,201 acre parcel conveyed by deed dated
February 22, 1961, to Lee Roy Welch, et ux. (Welch), and recorded in Volume 4288, Page 611
of said HCDR;;
THENCE, North 03 degrees 02 minutes 45 seconds West, along the common line of said
Parmer and \Velch parcels, a distance of 228.45 feet to the POINT OF BEGINNING, and
containing 1.525 acres (66,440 square feet) of land.
This descriptic'n is based on a Land Title Survey and Plat by J, Patrick Going, Registered
Professional Land Surveyor, License Number 4477, completed October 7, 1997, and is on file
in the office of Baseline Corporation, Houston, Texas, Job No. 86.051.18.
REVISED: November 14, 1997
October 2, 1997
WSG:bgb
lob No.: 86.051.18
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DRAINAGE EASEMENT
Fl0l-00-00-02-907.0
EXHIBIT "B-4"
Prepared by City of La Porte
Engineering Division
Date: 6/99
05
NJ.S.
910
I
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I 919
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File No.: 86-4302
e
e
EXHIBIT AS
ENOCH BRINSON SURVEY
ABSTRACT :NO. 5
F 101-00-00-02-908.0
PAGE 1 OF 2
State of Texa:; fi
County of Harris fi
Being a 1.064 acre (46,356 square feet) parcel of land located in the Enoch Brinson Survey,
Abstract No. :5, Harris County, Texas, and being out of the called north 360 feet of Outlots 915
and 916 of the: La Porte Outlots, a subdivision recorded by plat in Volume 61, Page 374, of the
Harris County Deed Records, Harris County, Texas (HCDR). Said called north 360 feet of
Outlots 915 and 916 having been conveyed to Lee Roy Welch, et ux. (Welch), by deed dated
February 22, 1961, and recorded in Volume 4288, Page 611 of said HCDR. Said 1.064 acre
parcel being more particularly described by metes and bounds as follows:
(Bearings shown hereon are based upon the Texas State Plane Coordinate System, South Central
Zone, utilizing City of La Porte Monument No. 's HI5-01, HI4-01, E14-01, and E15-:01, which
are based upon the USC & GS North American Datum of 1927.)
BEGINNING at a 5/8-inch iron rod set for the northwest comer of Outlot 915, being in the east
right-oi-way line of Sens Road (60 feet wide), said iron rod also being the southwest comer of
that certain parcel of land conveyed by deed dated Apri112, 1969 to Quinton Lee Berry, et ux.
(Berry) and rc:corded in Volume 8110, Page 367 of said HCDR;
THENCE, North 86 degrees 57 minutes 42 seconds East, with the common line of said Welch
and Berry parcels, a distance of 623.18 feet to a 5/8-inch iron rod set for the northeast comer
of the herein described parcel, same being a common comer of Outlots 912,913,916, and 917
and from whic:h a 2-inch iron pipe found bears North 43 degrees 26 minutes East, a distance of
1. 76 feet and a 112-inch iron rod found bears North 65 degrees 31 minutes East, a distance of
1.29 feet; said 5/8-inch iron rod also being the northwest comer of that certain parcel of land
conveyed by c!eed dated February 27, 1968 to Glenn M. Parmer, et ux. (parmer), and recorded
in Volume 71:21, Page 162 of said HCDR;
THENCE, South 03 degrees 02 minutes 45 seconds East, with the common line of said Welch
and Parmer parcels, a distance of 228.45 feet to a 5/8-inch iron rod set for comer;
THENCE, North 55 degrees 02 minutes 18 seconds West, across said Welch parcel, a distance
of 179.74 feet to a 5/8-inch iron rod set for the point of curvature of a curve to the left;
THENCE, in a Northwesterly direction, continuing across said Welch parcel and with said curve
to the left, ha,'ing a central angle of 38 degrees 00 minutes 00 seconds, a radius of 410.00 feet,
and a long ch(lrd length of 266.97 feet, bearing North 74 degrees 02 minutes 18 seconds West,
a distance along the arc of 271.92 feet to a 5/8-in~h iron rod set for the point of tangency;
THENCE, SOIJth 86 degrees 57 minutes 42 seconds West, continuing across said Welch parcel,
a distance of 229.15 feet to a 5/8-inch iron rod set for comer on the east right-of-way line of
Sens Road (60 feet wide);
e
e
EXHIBIT AS .
ENOCH BRINSON SURVEY
ABSTRACT NO, 5
F 101-00-00-02-908,0
PAGE 2 OF 2
THENCE, N)rth 03 degrees 03 minutes 12 seconds West, with said east right-of-way line of
Sens Road, a distance of 30.87 feet to the POINT OF BEGINNING, and containing 1.064 acres
(46,356 square feet) of land, of which 0.058 acre (2,538 square feet) of land lies within that
certain 60 foot wide Harris County Flood Control District Drainage Easement, recorded in
Volume 1445, Page 670 of said HCDR, Harris County, Texas,
This descripti.on is based on a Land Title Survey and Plat by J, Patrick Going, Registered
Professional Land Surveyor, License Number 4477, completed October 7, 1997, and is on tile
in the office of Baseline Corporation, Houston, Texas, Job No. 86,051.18.
Octabcr' 2, 1997
WSO:btlb
Jab No.: 16.051.18
File: BlACAD\16OS1 \WP\MB-!108.0
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EXHIBIT "B-5"
Prepared by City of La Porte
Engineering Division
Doto: 6/99
n. No~ 86-4302
e
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EXHIBIT A6 .
ENOCH BRlliSON SURVEY
ABSTRACT NO.5
F 101-00-00-02-909.0
PAGE 1 OF 2
State of TeJW, f
County of Ha:ns i
Being a 1.705 acre (74,277 square feet) parcel of land located in the Enoch Brinson Survey,
Abstract No.5, Harris County, Texas, and being out of a 6.724 acre (292,909 square feet) tract
of land, beini~ the southerly portion of Outlots 914 and 913. of the La Porte Outlots, a
subdivision recorded by plat in Volume 61, Page 374, of the Harris County Deed Records,
Harris County, Texas (HCDR). Said Outlots 914 and 913 having been conveyed by deed dated
April 12, 196~>>, to Quinton Lee Berry, et ux. (Berry) and recorded in Volume 8110, Page 367
of said HCDR. Said 1.705 acre parcel being more particularly described by metes and bounds
as follows:
(Bearings shown hereon are based upon the Texas State Plane Coordinate System, South Central
Zone, utilizinf; City of La Porte Monument No. 's HI5-01, HI4-0l, EI4-01, and EI5-01, which
are based upon the USC & GS North American Datum of 1927.)
BEGINNING at a 5/8-inch iron rod set for the southwest comer of said Outlot 914 and said
Berry parcel, heing in the east right-of-way line of Sens Road (60 feet wide), said iron rod also
being the northwest comer of that certain parcel of land conveyed by deed dated February 22,
1961 to Lee Roy Welch, et ux, (Welch) and recorded in Volume 4288, Page 611 of said HCDR;
THENCE, North 03 degrees 03 minutes 12 seconds West, with said east right-of-way line, a
distance of 149.13 feet to a 5/8-inch iron rod set for comer;
THENCE, North 86 degrees 57 minutes 42 seconds East, departing said east right-of-way line
and across said Berry Parcel, a distance of 229.20 feet to a 5/8-inch iron rod set for the point
of a curvature of a curve to the right;
THENCE, in CL Southeasterly direction, continuing across said Berry parcel and with said curve
to the right, having a central angle of 38 degrees 00 minutes 00 seconds, a radius of 590.00 feet,
and a chord le:ngth of 384.17 feet, bearing South 74 degrees 02 minutes 18 seconds East, a
distance along the arc of ~91.30 feet to a 5/8-inch iron rod set for the point of tangency;
THENCE, South 55 degrees 02 minutes 18 seconds East, continuing across said Berry parcel,
a distance of 39.07 feet to a 5/8-inch iron rod set for comer at the southeast comer of Outlot
913, same being the common north comer of said Welch parcel and that certain parcel of land
conveyed by dl~ dated February 27, 1968 to Glenn M. Parmer, et ux. (parmer) and recorded
in Volume 7121, Page 162 of said HCDR, and from which a 2-inch iron pipe found bears North
43 degrees 26 minutes East, a distance of 1.76 feet and a 1/2-inch iron rod found bears North
65 degrees 31 minutes East, a distance of 1.29 feet;
.e
e
EXHIBIT A6
ENOCH BRnI{SON SURVEY
ABSTRACT NO.5
F 101-00-00-02-909.0
PAGE 2 OF 2
THENCE, South 86 degrees 57 minutes 42 seconds West, with the common line of said Berry
and Welch parcels, a distance of 623.18 feet to the POINT OF BEGINNING, and containing
1. 705 acres ("/4,277 square feet) of land.
This descripti1ln is based on a Land Title Survey and Plat by J. Patrick Going, Registered
Professional land Surveyor, License Number 4477, completed October 7, 1997, and is on file
in the office of Baseline Corporation, Houston, Texas, Job No. 86,051.18.
October 2, 1997
WSO:bib
Job No.: 86.051.18
FiIc: BUCAD\U051'WP\MB-909.0
326
123
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DRAINAGE EASEMENT
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Prepared by City of La Porte
Engineering Oivision
Dale: 6/99
11, Na.: 86-4302
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EXHIBIT A7
ENOCH BRINSON SURVEY
ABSTRACT NO.5
F 101-00-00-02-910.0
PAGE 1 OF 1
State of Texas ~
County of Harris ~
Being a 2.207 acre (96,128 square feet) parcel of land located in the Enoch Brinson Survey,
Abstract No.5, Harris County, Texas, and being out of the south 270 feet of Outlots 301 and
302 of the La Porte Outlots, a subdivision recorded by plat in Volume 61, Page 374, of the
Harris County Deed Records, Harris County, Texas (HCDR), said south 270 feet of Outlots 301
and 302 having been conveyed by deed dated February 22, 1995, to Darryl T. Henderson and
Jan Z. Hender~:on, and recorded under Harris County Clerk's File (HCCF) No. R281592 of the
Official Public Records of Real Property of Harris County, Texas (OPRRPHCT), Said 2.207
acre parcel being more particularly described by metes and bounds as follows:
(Bearings shown hereon are based upon the Texas State Plane Coordinate System,.South Central
Zone, utilizing City of La Porte Monument No. 's H15-01, H14-01, E14-01, and E15-01, which
are based upon the USC & GS North American Datum of 1927.)
BEGINNING ~lt a 5/8-inch iron rod set at the intersection of the south line of Outlot 301, with
the west right-of-way line of Sens Road (60 feet wide);
THENCE, South 86 degrees 57 minutes 42 seconds West, with the south line of said Outlots 301
and 302, same being the south line of a 30 foot wide Harris County Flood Control District
(HCFCD) drainage easement as recorded in Volume 1873, Page 383 of said HCDR, a distance
of 640.95 feet to a 5/8-inch iron rod set for the southwest comer of said Outlot 302;
THENCE, North 02 degrees 58 minutes 40 seconds West, with the west line of said Outlot 302,
same being the west line of a 20 foot wide HCFCD drainage easement as recorded in Volume
1445, Page 671.~ of said HCDR, a distance of 150.00 feet to a 5/8-inch iron rod set;
THENCE, North 86 degrees 57 minutes 42 seconds East, departing said west line, a distance
of 640.76 feet ::0 a 5/8-inch iron rod set on said west right-of-way line of Sens Road;
THENCE, South 03 degtees 03 minutes 12 seconds East, with said west right-of-way line, a
distance of 150.00 feet to the POINT OF BEGINNING, and containing 2.207 acres (96,128
square feet) of land, of which 0.497 acre (21,628 square feet) lies within said 30' foot wide
HCFCD drainage easement and said 20 foot wide HCFCD drainage easement;
This descriptioll is based on a Land Title Survey and Plat by J. Patrick Going, Registered
Professional Land Surveyor, License Number 4477, completed October 7, 1997, and is on file
in the office of Baseline Corporation, Houston, Texas, Job No. 86.051.18.
Octobu 2. 1997
RLD:bgb
lob No.: 86.OS1.18
PiJc: BIACAD\860Sl\\'I'P\MB-910.0
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1 - 1 I - 1 Prepared by City of La Porte
Engineering Division
Date: 6/'19 File No.: 86-4302
e
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EXHIBIT AS
ENOCH BR[NSON SURVEY
ABSTRACT NO.5
F 101-00-00-02-919,0
PAGE 1 OF 2
State of Texas ~
County of Harris i
Being a 0.4~:3 acre (21,060 square feet) parcel of land located in the Enoch Brinson Survey,
Abstract No.5, Harris County, Texas, and being out of the east portion of Outlot 303 of the
La Porte Outlots, a subdivision recorded by plat in Volume 61, Page 374, of the Harris County
D~:i Records (HCDR), Harris County, Texas, the east portion of Outlots 303 and 318 having
been conveyc:d to Leroy P. Jones, et ux" by deed dated June 6, 1974 and recorded under Harris
County Clerk's File (HCCF) No, E176869 of the Official Public Records of Real Property of
Harris County, Texas (OPRRPHCI), Said 0.483 acre tract is more particularly described by
metes and bc,unds as follows:
(Bearings shown hereon are based upon the Texas State Plane Coordinate System, South Central
Zone, utilizing City of La Porte Monument No. 's H15-o1, HI4-01, E14-01, and EI5-01, which
are based upon the USC & GS North American Datum of 1927.)
BEGINNINq at a 5/8-inch iron rod set for the southeast comer of said Jones tract and the
southeast comer of Outlot 303, same being the southwest comer of that certain tract of land out
of the soutbcrly portion of Lots 302 and 301 conveyed by deed dated February 22, 1995 to
Darryl T. H(:nderson and Jan Z. Henderson and recorded under HCCF No, R281592 of said
OPRRPHCI':, said iron rod being in the north line of Pinegrove Valley Subdivision, a
subdivision recorded by plat in Volume 152, Page 34 of the Harris County Map Records
(HCMR), and being the southeast comer of the herein described tract;
THENCE, South 86 degrees 57 minutes 42 second West, along the common line of Outlots 303
and Pinegrove Valley Subdivision, a distance of 20.00 feet to a 5/8-inch iron rod set for comer
in the south line of said Outlot 303, same being the southeast comer of that certain 30 foot wide
Harris County Flood Control District (HCFCD) fee strip (called 0.218 of one acre) conveyed
by deed dated November 15, 1965 and recorded in Volume 6174, Page 390 of said HCDR;
THENCE, North 02 degrees 58 minutes 40 second West, departing the south line of Outlot 303
and along the east line of"said 30 foot wide HCFCD fee strip, a distance of 30.00 feet to a 5/8-
inch iron rod set for the northeast comer of said fee strip;
THENCE, SClUth 86 degrees 57 minutes 42 seconds West, along the north line of said 30 foot
wide HCFCD fee strip, a distance of 166.00 feet to a 5/8-inch iron rod set for comer at the
southwest comer of the aforesaid Jones tract, same being the southeast comer of that certain
tract of land (Jut of the west portion of said Outlots 303 and 318 conveyed by deed dated August
1, 1972 to Le:~oy P. Jones et ux., and recorded under HCCF No. D656908 of said OPRRPHCT;
.
e
EXHIBIT AS
ENOCH BRINSON SURVEY
ABSTRACT NO.5
F 101-00-00-02-919.0
PAGE 2 OF 2
THENCE, North 02 degrees 58 minutes 40 second West, departing the north line of said 30 foot
wide HCFCD fee strip, along the common line of both Jones tracts, a distance of 110.00 feet
to a 5/8-inch iron rod set for the northwest comer of the herein described parcel;
THENCE, North 86 degrees 57 minutes 42 seconds East, departing said common line, a distance
of 186.00 feet across the easterly Jones tract to a 5/8-inch iron rod set for comer in the east line
of said Jone:; tract, same being the east line of the aforesaid Outlot 303 and the west line of the
aforesaid 01ltlot 302, and furthermore being the east line of a 20 foot wide HCFCD easement
conveyed by deed dated January 7, 1949 and recorded in Volume 1445, Page 669 of said
HCDR;
THENCE, South 02 degrees 58 minutes 40 seconds East, along said common line of Outlot 303
with Outlot 302, a distance of 140.00 feet to the POINT OF BEGINNING, and containing 0.483
acre (21,060 square feet) of land, of which 0.064 acre (2,800 square feet) of land lies within an
existing 20 foot wide HCFCD easement.
This description is based on a Land Title Survey and Plat by J. Patrick Going, Registered
Professional Land Surveyor, License Number 4477, completed November 10, 1997, and is on
file in the office of Baseline Corporation, Job No. 86.051.18.
Novaabcr 10, 1997
WSO:b&b
lob No. 86.051.18
Pile: BLACAD\860U\WP\MB-919.0
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Fl0l-00-00-02-919,O
EXHIBIT "B-8"
Prepored by Cily of Lo Porle
Engineering Division
Dale: 6/99
nle No.: 86-4302
e
e
EXHIBIT Ag
ENOCH BR;:NSON SURVEY
ABSTRACT NO. 5
F 101-00-00-02-920.0
PAGE 1 OF 1
State of Tex~lS i
County of Harris i
Being a 0.379 acre (16,504 square feet) parcel of land located in the Enoch Brinson Survey, Abstract
No.5, Harris County, Texas, and being out of the west portion of Outlot 303 of the La Porte
Outlots, a subdivision recorded by plat in Volume 61, Page 374, of the Harris County Deed Records
(HCDR), Han.is County, Texas, the west portion of Outlots 303 and 318 having been conveyed to
Leroy P. 10ne:s, et UX., by deed dated August 1, 1972 and recorded under Harris Countj Clerk's File
(HCCF) No. D6S6908 of the Official Public Records of Real Property of 'Harris County, Texas
(OPRRPHC1). Said 0.379 acre tract is more particularly described by metes and bounds as follows:
(Bearings shclwn hereon are based upon the Texas State Plane Coordinate System, South Central
Zone, utilizing City of La Porte Monument No. 's H15-01, H14-01, EI4-01, and EI5-01, which are
based upon the USC & GS North American Datum of 1927.)
BEGINNING at a 5/8-inch iron rod set for the southwest comer of said Jones tract and the herein
described 0.379 acre parcel, same being the southeast corner of that certain tract of land out of the
east portion of Out lots 304 and 317 conveyed by deed dated April 25, 1967 to Thomas E. Cockrell,
et ux., and recorded in Volume 6742, Page 429 of said HCDR, same being the northwest comer of
a 30 foot wide Harris County Flood Control District (HCFCD) fee strip conveyed by deed dated
November IS, 1965 and recorded in Volume 6174, Page 390 of said HCDR, same also being the
northeast cOt'lIer of a 30 foot wide HCFCD fee strip conveyed by deed dated November 22, 1965
and recorded in Volume 6291, Page 64 of said HCDR, and from which a found 1/2-inch iron rod
bears South 10 degrees 56 minutes West, a distance of 1.03 feet;
THENCE, North 02 degrees 58 minutes 40 seconds West, along the common line of said Outlots
303 and 304, a distance of 110.00 feet to a 5/8-inch iron rod set for comer;
THENCE, North 86 degrees 57 minutes 42 seconds East, departing said common line, a distance
of 150.04 feet to a 5/8-inch iron rod set for corner in the east line of the aforesaid Jones tract, same
being in the west line of that certain tract of land out of the easterly portions of Outlots 303 and 318
conveyed to I..eroy P. Jones, et ux., by deed dated June 6, 1974 and recorded under HCCF No.
E176869 of suid OPRRPHCT;
THENCE, SOllth 02 degrec:s 58 minutes 40 seconds East, along the common line of said Jones tracts,
a distance of :t10.oo feet to a 5/8-inch iron rod set for the southeast comer of the herein described
parcel, same being the common southerly comer of said Jones tracts and being in the north line of
the aforesaid 30 foot wide HCFCD fee strip recorded in Volume 6174, Page 390 of said HCDR;
THENCE, SO'Jth 86 degrees 57 minutes 42 seconds West, along the north line of said 30 foot wide
HCFCD fee s::rip and the south line of the n:Iore westerly Jones tract, a distance of 150.04 feet to
the POINT OF BEGINNING, and containing 0.379 acre (16,504 square fe~t) of land.
November, 10, 1997
WSG:blb
Job No. 86.051.18
File: BLACAD\86051"WP\MB-920.0
This description is based on a Land Title Survey and Plat by J. Patrick Going, Registered
Professional Land Surveyor, License Number 4477, completed November 10, 1997 and is on file
in the office of Baseline Corporation, Job No. 86.051.18. OF
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: EXHIBIT "8-9"
Dale: 6/99
Prepared by City of La Porte
Engineering Division
no No.: 86-4302
e
e
EXHIBIT AIO
'.
,
ENOCH BIUNSON SURVEY
ABSTRACr NO.5
F 101-00-00-02-921.0
PAGE 1 OF 2
State of Te:~as ~
County of Harris ~
Being a 0.444 acre (19,327 square feet) parcel of land located in the Enoch Brinson Survey,
Abstract Nc.. 5, Harris County, Texas, and being out of the east portion of Outlot 304 of the La
Porte Outlots, a subdivision recorded by plat in Volume 61, Page 374, of the Harris County
Deed Records (HCDR), Harris County, Texas, said eas: pvrtion of Outlots 304 and 317 having
been conveyed to Thomas E. Cockrell, et ux., by deed dated April 25, 1967 and recorded in
Volume 6742, Page 429 of said HCDR. Said 0.444 acre tract is more particularly described by
metes and bounds as follows:
(Bearings shown hereon are based upon the Texas State Plane Coordinate System, South Central
Zone, utilizing City of La Porte Monument No. 's H15-o1, H14-01, E14-o1, and E15-o1, which
are based uJlon the USC & GS North American Datum of 1927.)
BEGINNINIJ at a 5/8-inch iron rod set for the southeast corner of said Cockrell tract and the
parcel herein described, same being the southwest, corner of that certain tract of land out of the
westerly portion of Outlots 303 and 318 conveyed to Leroy P, Jones, et ux., by deed dated
August 1, 1972 and recorded under Harris County Clerk's File (HCCp) No. D656908 of the
Official Public Records of Real Property of Harris County, Texas (OPRRPHCl'), same being
the northeast corner of a 30 foot wide Harris County Flood Control District (HCFCD) fee strip
conveyed by deed dated November 22, 1965 and recorded in Volume 6291, Page 64 of said
HCDR, and from which a found 112-inch iron rod bears South 10 degrees 56 minutes West, a
distance of 1.03 feet;
THENCE, ~:outh 86 degrees 57 minutes 42 seconds West, along the common line of said
Cockrell tract and said 30 foot wide HCFCD fee strip, a distance of 1.11 feet to a 5/8-inch iron
rod set for CI)rner;
THENCE, South 86 degrees 50 minutes 44 seconds West, continuing along said common line,
a distance of 174.30 feet to a 5/8-inch iron rod set in the north line of said 30 foot wide HCFCD
feet strip for the southwest corner of said Cockrell tract and the herein described parcel, same
being the southeast comer of that certain tract of land out of the westerly portions of Outlots 304
and 317 conveyed by deed dated September 19, 1990 to Lucien Paul Moreau, et ux., and
recorded under HCCF No. M828602 of said OPRRPHCT, and from which a found II2-inch iron
rod found bears South 03 degrees 09 minutes East, a distance of 1.45 feet;
THENCE, North 02 degrees 59 minutes 44 seconds West, departing the north line of said fee
strip, a distance of 110.35 feet to a SIB-inch iron rod set for corner in the common line of said
Cockrell and Moreau tracts;
e
e
EXHIBIT AlO
. ,.
...~
,
ENOCH BRINSON SURVEY
ABSTRACT NO, 5
F 101-00-00-02-921.0
PAGE 2 OF 2 .
THENCE: North 86 degrees 57 minutes 42 seconds East, a distance of 175.44 feet to a 5/8-inch
iron rod sc~t for comer in the aforesaid common line of Outlots 304 and 303;
THENCE, South 02 degrees 58 minutes 40 seconds East, along said common line, a distance
of 110.00 feet to the POINT OF BEGINNING, and containing 0.444 acre (19,327 square feet)
of land.
This description is based on a Land Title Survey and Plat by J. Patrick Going, Registered
Professional Land Surveyor, License Number 4477, completed November 10, 1997 and is on
file in the IJffice of Baseline Corporation, Job No. 86,051.18.
November 10. Ilm
WSO:bab
lab No. 86.051.11:
Pile: BLACAD\8S051\WP\MB-92l.0
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EXHIBIT "B-l0"
3)' H.C.F.e.D. FEE STRIP (VOL. 6291. PG. 64, H,e.n.R'>
c~97 B 30' H.e.F.e.D. ESMT.
Prepared by Cily of La Porle
Engineering Division
19
Dale: 6/99
F1e Mo.: 86-4JOZ
.
e
EXHIBIT An
ENOCH BR[NSON SURVEY
ABSTRACT NO. 5
F 101-00-00-02-922,0
PAGE 1 OF 2
State of TexcLS ~
County of Harris ~
Being a 0.381 acre (16,596 square feet) parcel of land located in the Enoch Brinson Survey,
Abstract No.5, Harris County, Texas, and being out of and a part of a called 3.00 acre tract,
said 3.00 acr,~ tract being part of Outlot 304 of the La Porte Outlots, a subdivision recorded by
plat in Volume 61, Page 374, of the Harris County Deed Records (HCDR), Harris County,
Texas, said ~I,OO acre tract having been conveyed to Lucien Paul Moreau, et ux by deed dated
September 19, 1990 and recorded under Harris County Clerk's File (HCCF) No. M828602 of
the Official Public Records of Real Property of Harris County, Texas (OPRRPHCT). Said
0.381 acre tract is more particularly described by metes and bounds as follows:
(Bearings shown hereon are based upon the Texas State Plane Coordinate System, South Central
Zone, utilizing City of La Porte Monument No, 's HI5-01, H14-01, EI4-Ql, and EI5-Ol, which
are based upon the USC & GS North American Datum of 1927.)
BEGINNING at a 5/8-inch iron rod set for the southwest corner of the aforementioned called
3,00 acre tra(:t and the herein described parcel, same being in the north line of a 30 foot wide
Harris Couoty Flood Control District (HCFCD) fee strip conveyed by deed dated November 22,
1965 and recclrded in Volume 6291, Page 64 of the Harris County Deed Records (HCDR), same
being the soudleast corner of that certain tract of land out of Outlots 305 and 316 conveyed by
deed dated March 8, 1973 to Eugene R. Ybarra and Antonio Matta and recorded under HCCF
No. D832504 of said OPRRPHCT;
THENCE, North 02 degrees 59 minutes 55 seconds West, with the west line of said Outlot 304,
same being tt..e east line of Outlot 305, a distance of 110,66 feet to a 518-inch iron rod set for
comer;
THENCE, North 86 degrees 57 minutes 42 seconds East, across said Outlot 304, a distance of
150,18 feet to a 5/8-inch iron rod set for corner 'on the east line of the aforesaid called 3.00 acre
tract, said iron rod also being in the west line of that certain tract of land out of the easterly
portions of Outlots 304 and 317 conveyed by deed dated April 25, 1967 to Thomas E. Cockrell,
et ux., and re:orded in Volume 6742, Page 429 of said HCDR;
THENCE, South 02 degrees 59 minutes 44 seconds East, with the common line of said Moreau
and Cockrell tracts, a distance of 110.35 feet to a 5/8-inch iron rod set for corner in the north
line of the aforesaid 30 foot wide HCFCD feet strip, and from which a found 112-inch iron rod
bears South 03 degrees 09 minutes East, a distance of 1.45 feet;
e
e
EXHIBIT An
ENOCH BRINSON SURVEY
ABSTRACT NO.5
F 101-00-00-02-922.0
PAGE 2 OF 2
THENCE, South 86 degrees 50 minutes 44 seconds West, with the common line of said Moreau
tract and sai.d 30 foot wide HCFCD fee strip, a distance of 150.18 feet to the POINT OF
BEGINNINC], and containing 0.381 acre (16,596 square feet) of land.
This description is based on a Land Title Survey and Plat by I, Patrick Going, Registered
Professional Land Surveyor, License Number 4477, completed November 10, 1997 and is on
file in the office of Baseline Corporation, Job No. 86.051.18.
NCWCIIIbcr 10, 1997
WSO:bab
lab No. 86.051.11
Pile: BL\CAD\86Qil\WP\MB-922.0
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H.C.C.r. NO. M828602
I DRAINAGE E~EMENT
296B
3D' H.C.F.C.D. ESMT. I 297B
___ __ _ - - - -J---- - - -- _ __
Fl0l-00-00-02-922.0
EXHIBIT "B-ll"
Prepared by City of La Porle
Engineering Division
Oato: 6/99
ne No.: 86-4302
.
e
EXHIBIT Al2
ENOCH BRINSON SURVEY
ABSTRACT NO.5
F 101-00-00-02-924.0
PAGE 1 OF 1
State of Texas ~
County of Harris A
Being a 0.777 acre (33,829 square feet) parcel of land located in the Enoch Brinson Survey, Abstract
No.5, Harris County, Texas, and being out of and a part of Outlot 305 of the La Porte Outlots, a
subdivision re(:orded by plat in Volume 61, Page 374, of the Harris County Deed Records, Harris
County, Texas (HCDR), said Outlot 305, having been conveyed to Eugene R. Ybarra and Antonio
M:tta by dee<: dated March 3, 1973, and recorded under Harris County Clerk's'File (BCCF) No.
D832504 of the Official Public Records of Real Property of Harris County, Texas (OPRRPHCT).
Said O. 777 acr~ tract is more particularly described by metes and bounds as follows:
(Bearings shovm hereon are based upon the Texas State Plane Coordinate System, South Central
Zone, utilizing City of La Porte Monument No. 's H15-01, H14-01, EI4-01, and El5-01, which are
based upon the USC & GS North American Datum of 1927.)
BEGINNING nt a 5/8-inch iron rod set for the intersection of the east line of said Outlot 305, with
the north line of a 30 foot wide fee strip (called 0.449 acre) conveyed to Harris County Flood
Control District (HCFCD), as described in deed dated November 22, 1965, and recorded in Volume
6291, Page 64 of said HCDR, said east line of Outlot 305 being the west line of Outlot 304, the
western portion of Outlot 304 having been conveyed to Lucieu Paul Moreu, et ux., by deed dated
September 19, 1990 and recorded under HCCF No. M828602 of said OPRRPHCT;
THENCE, South 86 degrees 50 minutes 44 seconds West, along the North line of said 30 foot wide
HCFCD fee strip, a distance of 325.93 feet to a 112-inch iron rod found for comer on the west line
of the aforementioned Outlot 305, said line also being the east line of Outlot 306, said Outlot 306
being part of a called 7.1613 acre tract of land conveyed to Charles C. Hinds by deed dated
February 17, 1982 and recorded under HCCF No. H346433 of said OPRRPHCT;
THENCE, North 03 degrees 00 minutes 09 seconds West, along the common line of said OutJots
305 and 306, a distance of 89.70 feet to a 5/8-inch iron rod set for comer;
THENCE, North 81 degrees 16 minutes 20 seconds East, departing said common line, a distance
of 218.09 feet to a 5/8-inch iron rod set for comer;
THENCE, North 86 degrees 57 minutes 42 seconds East, a distance of 108.93 feet to a 5/8-inch iron
rod set for corner on the common line of said Outlots 305 and 304;
THENCE, Soulh 02 degrees 59 minutes 55 seconds East, along said common line, a distance of
110.66 feet to the POINT OF BEGINNING, and containing 0.717 acres (33,829 square feet) ofland.
This description is based on a Land Title Survey and Plat by J. Patrick Going, Registered
Professional Land Surveyor, License Number 4477, completed November 10, 1997, and is on file
in the office of Baseline Corporation, Job No. 86.051.18. OF r
~" ......
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November 10. 1997
RLD:blb
Job No. 86.051.18
F'aJe: BlACAD\86051\WP\MB-924.0
NORTH "p" ST.
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30' H.C .F.C.D. FEE STRIP (VOL. 6291, PG. 64, HCDR) EXHIBIT "B-12"
1-..--- I-- -:. _ _ _L~O~H.C.F.C.E.: ESMT. _ _ _ _ _ _
Prepared by Cily of La Parle
-------- 1-- Engineering Division
E:96B Dote: 6/99 rae 1Io~ 86-4302
tit
e
EXHIBIT AI3
ENOCH BRINSON SURVEY
ABSTRACT NO. 5
F 101-00-00-02-923,0
PAGE 1 OF 2
State of Texas ~
County of Harris A
Being a 0.499 acre (21,720 square feet) parcel of land located in the Enoch Brinson Survey,
Abstract No.5, Harris County, Texas, and being out of a 2.32 acre tract of land as conveyed
to Emesto Gomez, et ux., by deed dated November 4, 1985, and recorded under Harris County
Clerk's File (RCCF) No. K274921 of the Official Public Records of Real Property of Harris
County, Texas (OPRRPHCT), said called 2.32 acre tract being a part of Outlots 296 and 297
of the La Poro:e Outlots, a subdivision recorded by plat in Volume 61, Page 374, of the Harris
County Deed Records (HCDR) , Harris County, Texas, Said 0.499 acre tract is more
particularly dc:scribed by metes and bounds as follows:
(Bearings shown hereon are based upon the Texas State Plane Coordinate System, South Central
Zone, utilizing City of La Porte Monument No.'s H15-o1, HI4-01, E14-o1, and E15-01, which
are based upon the USC & GS North American Datum of 1927.)
BEGINNING at a 5/8-inch iron rod set for the northwest comer of the aforementioned Outlot
296 and parce:l herein described, same being the northeast comer of Outlot 295, said Outlot 295
being part of a called 7.1613 acre tract of land conveyed to Charles C. Hinds by deed dated
February 1'1, 1982 and recorded under HCCF No. H346433 of said OPRRPHCT;
THENCE, NClrth 86 degrees 59 minutes 10 seconds East, along the north line of said Outlot
296, a distanc= of 2.02 feet to a S/8-inch iron rod set for the common south comer of Outlots
305 and 306, same being the southwest comer of a 30 foot wide fee strip conveyed to Harris
County Flood Control District (HCFCD) by deed dated November 22, 1965 and recorded in
Volume 6291, Page 64 of said HCDR;
THENCE, North 86 degrees 50 minutes 44 seconds East, along the south line of said 30 foot
wide HCFCD fee strip, same being the north line of Outlots 296 and 297 of said La Porte
Outlots, a distlI1ce of 650.45 feet to a S/8-inch iron rod set for the northeast comer of the parcel
herein describc:d, and also being the common north comer of Outlot 297 and Lot 19, Block 4
of Pinegrove Valley, a subdivision recorded by plat in Volume 152, Page 34 of the Harris
County Map Records (HGMR), said Lot 19 being conveyed to Ivey Joseph Landry, et ux., by
deed dated August 28, 1981 and recorded under HCCF No. H1201S6 of said OPRRPHCT;
THENCE, South 03 degrees 03 minutes 12 seconds East, along the east line of said Outlots, a
distance of 30.00 feet to a S/8-inch iron rod set for comer;
THENCE, SOI.:,th 86 degrees 57 minutes 42 seconds West, a distance of 424.92 feet to a S/8-inch
iron rod set fO.r comer;
THENCE, South 81 degrees 16 minutes 20 seconds West, a distance of 228.62 feet to a S/8-inch
iron rod set fOJ comer on the common line of said Outlots 296 and 295;
.
e
EXHIBIT A13
ENOCH BRlNSON SURVEY
ABSTRACT NO. 5
F 101-00-00-02-923.0
PAGE 2 OF 2
THENCE, l\rorth 03 degrees 06 minutes 42 seconds West, along said common line, at a distance
of 20,91 feet passing a 5/8-inch iron rod found, and continuing for a total distance of 51.35 feet
to the EQIMr OF BEGINNING, and containing 0.499 acre (21,720 square feet) of land, of
which 0,439 acre (19,142 square feet) lies within an existing HCFCD drainage easement (30 feet
wide), as described by deed dated December 1, 1966, and recorded in Volume 6597, Page 584,
of said HCDR.
This descriplion is based on a Land Title SUlVey and Plat by J. Patrick Going, Registered
Professional Land SUlVeyor, License Number 4477, completed November 10, 1997 and is on
file in the office of Baseline Corporation, Job No. 86.051.18.
Novcmllc:r 10, 1997
RLD:bab
Job No. 86.051.18
Pile: BLACAD\86051 \WP\MB..923.0
e
e
Planning
Department
Mern.o
To: Mmtha A. Gillett, City Secretary 4r
From: Doug Kneupper, Planning Director
CC:
Date: 06/28/99
Re: Drainage Easement Dedication, June 28th City Council Agenda Item # 7
Please intro:x:luce the attached Exhibit "8" for City Council's consideration of the
referenced Drainage Easement Dedication. There are minor discrepancies with
Exhibits 81 through 813. VVhen Exhibits 81 through 813 were initially prepared, their
intended u~;e was for preliminary dOQJments showing property the City was acquiring
for drainaQ43 purposes. Now that the City owns the individual tracts, references to
previous property owners and the description of "Additional Acquisition" should be
removed from the exhibits.
The attachEKt exhibit demonstrates the typical Exhibit "8". Each of the exhibits 81
through 81:3 are being oorrected.
. Page 1
NORTH "p" ST.
I 317A 317 318
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EXHIBIT
"B"
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Prepared by City of La Porte
Engineering Division
Doto: 12/97 File No.: 86-4302
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EXHIBIT "B-13'
Dole: 6/99
Prepared by City of La Parle
Engineering Division
rn. Mo.: 66-4]02
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REOUEST~R CITY COUNCIL AGENDA ITE'
Agenda Date Requested: June 28, 1999
Requested By: M. Gillett Department: Administration - City Secretary-1'lUJ
_ Report __ Resolution X Ordinance U
Exhibits: Ordinance] OOO-I-E
SUMMARY & RECOMMENDATION
Ordinance 1000-I-E, if approved, would allow a new applicant to sell wine and/or beer. The City has investigated the
new applicant, Kevin D(:nnis O'Brien, and has determined that they qualify for the permit.
Ordinance 1000-1- will"Je amended by adding the following:
STREET ADDRESS OF THE PROPERTY: 1 Sylvan Beach Drive, La Porte, Harris County, Texas 77571.
LEGAL DESCRIPTION OF THE PROPERTY: Described in Ordinance
PROPERTY OWNER: City of La Porte, Texas
NAME OF APPLICANTS: Kevin Dennis O'Brien
ADDRESS OF APPLICANT: 13225 4 ~ Street, Sante Fe, Texas 77510
TRADE OR BUSINE5:S NAME OF RESTAURANT BUSINESS: Gulf Coast Concessions and Catering
Action Required by Council:
Consider approval of Ordinance IOOO-I-E.
Availability of Funds:
General Fund Water/Wastewater
_ Capital Improve:lIlent_ General Revenue Sharing
Other
Account Number: Funds Available: YES NO
Aooroved for City Co uncil Ae:enda
<9,'\ \lo~ ~~qq
Robert T, Herrera Date
City Manager
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ORDINANCE NO.1 000-1---€-
AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, AMENDING CHAPTER 6,
SECTION 6-78 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY
ADDING AN AREA AT A RESTAURANT WHERE WINE AND/OR BEER FOR
CONSUMPTION ON THE PREMISES MAY BE SOLD; FURTHER PROVIDING A
SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of La Porte has, in Chapter 6 of the Code of Ordinances of
the City of La Porte, regulated the location, closing hours, and sale of wine and/or beer
on premises in accord with provisions of Texas Codes Annotated, Alcoholic Beverage
Code, Chaptor 105, Section 105.05 and Section 105.06; and in accord with the
provisions of Texas Codes Annotated, Alcoholic Beverage Code, Chapter 109,
Subchapter C, Section 109.31 et seq; and
WHEREAS, the Code of Ordinances of the City of La Porte expressly limits the
locations at which wine and/or beer may be sold in the City, and further expressly
identifies the names of establishments and permit holders authorized to sell wine and/or
beer under thel terms of said Code; and
WHEREAS, a new applicant desires to sell wine and/or beer at a location not
previously permitted in the Chapter 6 of the Code of Ordinances of the City of La Porte;
and
WHEREAS, the City has, pursuant to the terms of said Code, made its
investigation to ascertain whether said new applicant has qualified for a beer and/or
wine permit from the City; and
WHEREAS, the City has determined that the new applicant qualifies for a beer
and/or wine permit from the City;
Ordinance No. 1000-1-.l
Page 2
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF LA PORTE:
Section 1. Chapter 6, Section 6-78 of the Code of Ordinances of the City of La Porte is
hereby amended by granting a new permit for the operation of a restaurant, as defined
in said Code, at the following location, which permit shall be personal to the applicant,
and non-transferable, and shall be further conditioned that the permittee shall comply
with the provisions of the Texas Alcoholic Beverage Code, and all other applicable
federal, state, and local laws and ordinances, including other provisions of this
ordinance and the Code of Ordinances of the City of La Porte;
STREET ADDRESS OF PROPERTY: 1 Sylvan Beach Drive, La Porte, Harris
County, Texas 77571
LEGAL. DESCRIPTION OF PROPERTY:
Beginning at a point in the East right-of-way line of Bayshore Drive from which a
five-sights inch iron bar bears South 81 degrees 28'54" West a distance of 97.09
feet, said iron bar marking the Northeast corner of Block 49 of the Sylvan Beach
Subdivi~;ion as recorded in Volume 3 at Page 72, said iron bar being in the West
right-of-way line of Bayshore Drive (80 feet wide) at Circle Drive.
Thence North 26 degrees 00' 00" East along the said East right-of-way line of
Bayshore Drive, as fenced, a distance of 200.00 feet to a point for an angle to
the left;
Thence North 8 degrees 26' 18" East along said fence, a distance of 143.17 feet
to a poirt for an angle to the right;
Thence \/orth 14 degrees 05' 07" East along said fence, a distance of 44.50 feet
to a gate! post for corner;
Thence I\lorth 86 degrees 26' 52" East, leaving said fence, along a line 0.80 feet
South of an parallel to a paved driveway, a distance of 81.62 feet to a point for
corner;
Thence North 26 degrees 00' 00" East along a line established by the back of
curb of (I traffic island beginning at 36.00 feet and ending at 44.00 feet, in all a
distance of 130.81 feet to a point in the back of curb of a parking lot for corner;
Thence South 64 degrees 00' 00" East a distance of 436.53 feet to a point for
corner 011 the Bayside of a wooden bulkhead;
Ordinance No. 1000-1--!'
Page 3
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Thence in a Southwesterly direction along the meanders of the Bayside of said
wooden bulkhead a distance of 551.11 feet to a point for corner;
Thence North 64 degrees 00' 00" West, a distance of 455.15 feet to the POINT
OF BEGilNNING and containing 254,107 square feet (5.8335 acres) of land.
PROPERTY OWNER: Harris County, Texas
NAME IOF APPLICANT: Kevin Dennis O'Brien
ADDRESS OF APPLICANT: 132254}'2 Street, Santa Fe, Texas 77510
TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Gulf Coast
Concessions & Catering
Section 2. It is the intent of the City Council of the City of La Porte that this
Ordinance merely permit the sale of wine and/or beer during the hours set by the
general laws of the State of Texas by retailers selling wine and/or beer for consumption
on premises at the locations established in Section 1 of this Ordinance. This Ordinance
is not an atter1pt to create zoning or other land use rights in property owners at said
location, such that the provisions of Chapter 106 of the Code of Ordinances of the City
of La Porte, t:1e City of La Porte Zoning Ordinance, together with all amendments
thereto (as such provisions impose standards on premises or businesses within the City
of La Porte, regardless of whether such business or premises are required to have a
license or permit under the Texas Alcoholic Beverage Code) govern and supersede the
provisions of this Ordinance, in the event of a conflict between this Ordinance and the
provisions of tJ:e Zoning Ordinance and amendments thereto. This application for wine
and/or beer for consumption on premises shall be subject to the provisions of:
a. The Texas Alcoholic Beverage Code;
b. Chapter 6 of the Code of Ordinances of the City of La Porte;
c. This Ordinance insofar as this Ordinance does not conflict with the provisions
of the TE!xas Alcoholic Beverage Code; and
Ordinance No. 1000-1- ,
Page 4
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d. Thl~ Zoning Ordinance of the City of La Porte, and all amendments thereto,
as such provision apply to all businesses within the City of La Porte, regardless
of WhE!ther or not such businesses are required to obtain a license or permit
under the provisions of the Texas Alcoholic Beverage Code.
Section 3. If any section, sentence, phrase, clause, or any part of any section,
sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid,
such invalidity shall not affect the remaining portions of this ordinance, and it is hereby
declared to bE! the intention of this City Council to have passed each section, sentence,
phrase or clause, or part thereof, irrespective of the fact that any other section,
sentence, phrase or clause, or part thereof, may be declared invalid.
Section 4. 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 is 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 Chapter 551, Tx.
Gov't 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 5. This Ordinance shall be effective from the date of its passage and
approval, and it is so ordered.
PASSED AND APPROVED this the ~~ day of <:JulJf
,1999.
CITY OF LA PORTE
Ordinance No. 1000-1- Ee
Page 5
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ATTEST:
~tuM
Martha Gillette.,
City Secretary
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REQUEfr FOR CITY COUNCIL AGEIA ITEM
Agenda DatEl Requested: June 28, 1999
Requested Bly: Doug Kneupper~ Department: Planning
Report Resolution X Ordinance
Exhibits: Ordinance
Industrial District Agreement
Area Map
Summary & Recommendation
Initial DSI Transports, Inc. has recently purchased property along Baypark Road in the
City's Bayport Industrial District. The property was formerly covered by a 1993 series
IDA with ARCO Pipeline Company that will expire on December 31, 2000. This IDA is
fully assignable to the new property owner, Initial DSI Transports, Inc.
It has been tho City's practice to enter into separate IDAs with new property owners.
This will help clarify the situation for our Industrial District appraiser and also simplify our
record keepin". The new IDA will expire on December 31, 2000 as the previous IDA
did. Also, Initial DSI Transports, Inc. is seeking a Water Service Agreement with the
City and the Industrial District Agreement is a required component for water service.
Action Required by Council
Consider apprc1val of an ordinance authorizing the City to enter into an Industrial District
Agreement with Initial DSI Transports, Inc.
Availability of Funds: N/A
Approved for t::ity Council Agenda
<X~ T~ ~
Robert T. Herrera
City Manager
~. a~ .qc:;
Date
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ORDINANCE NO. 93-IDA-53
AN ORDINANI~E AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRJ:AL DISTRICT AGREEMENT WITH INITIAL DSI TRANSPORTS, INC.,
FOR THE TE:RM CQMMENCING JANUARY 1, 1999, AND ENDING DECEHBER 31,
2000; HAKl:NG VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; ]i'INDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING JUl EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
sectioD 10
INITIAL DSI TRANSPORTS, INC. has executed an
industrial district agreement with the City of La Porte, for the
term commencing January 1, 1999, and ending December 31, 2000, a
copy of which is attached hereto, incorporated by reference herein,
and made a part hereof for all purposes.
sectic'D 2. The Mayor, the City Manager, the City Secretary,
and the Ci1:y Attorney of the City of La Porte, be, and they are
hereby, authorized and empowered to execute and deliver on behalf
of the City of La Porte, the industrial district agreement with the
corporation named in Section 1 hereof.
section 3. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
Ci ty for t:ne 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 a.ll times during which this ordinance and the subject
matter therl~of has been discussed, considered and formally acted
upon. The City Council further
ratifies, clpproves and confirms such written notice and the
contents and posting thereof.
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ORDINANCE :NO. 93-IDA-.S3
PAGE 2
section 4. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
PASSED AND APPROVED, this 28th day of June, 1999.
By:
CITY OF LA PORTE
IJ&tqa~dkA--
Mayor
ATTEST:
<-11/1 /lH'It~ 4.. JlAiLq
~~illett
ci ty Secret:ary
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NO. 93-IDA'-53 {
{
STATE OF TEXAS {
{
COUNTY OF HARRIS {
:INDUSTRIAL D:ISTR:ICT AGREEMENT
This j~GREEMENT made and entered into by and between the CITY
OF LA POR~E, TEXAS, a municipal corporation of Harris County,
Texas, herednafter called "CITY", and INITIAL DSI TRANSPORTS, INC.,
a ~\(~"U'l=t corporation, hereinafter called "COMPANY",
WIT N E SSE T H:
WHERID~S, 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 it:s citizens; and
WHEREJ..s, pursuant to its policy, City has enacted Ordinance
No. 729, designating portions of the area located in its
extraterrit,orial jurisdiction as the "Battleground Industrial
District of La Porte, Texas", and Ordinance No. 842A, designating
portions of' the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porte, Texas",
hereinafteI: collectively called "District", such Ordinances being
in compliance with the Municipal Annexation Act of Texas, codified
as section 42.044, Texas Local Government Code; and
WHEREAS, Company is the owner of land within a designated
Industrial District of the City of La Porte, said land being
legally des::ribed on the attached Exhibit "A" (hereinafter "Land");
and said Land being more particularly shown on a plat attached as
Exhibit "B", which plat describes the ownership boundary lines; a
site layou1:, showing all improvements, including pipelines and
railroads, .:ind also showing areas of the Land previously annexed by
the City of La Porte; and
WHEREAS, City desires to encourage the expansion and growth of
industrial plants within said Districts and for such purpose
desires to enter into this Agreement with Company pursuant to
Ordinance adopted by the City Council of said City and recorded in
the official minutes of said City:
NOW, ']'HEREFORE, in consideration of the premises and the
mutual agre,aments of the parties contained herein and pursuant to
the authority granted under the Municipal Annexation Act and the
Ordinances ()f City referred to above, City and Company hereby agree
wi th each o't:her as follows:
Revised: Ol:::tober 22, 1993
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I.
City covem:mts, agrees and guarantees that during the term of this
Agreement, provided below, and subject to the terms and provisions
of this Aqreement, said District shall continue to retain its
extraterrit.orial status as an industrial district, at least to the
extent tha"t the same covers the Land belonging to Company and its
assigns, ullless 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 ';Juarantee 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, 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 all Land, including that which has been
heretofore annexed, 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 administrative and/or judicial proceeding authorized by the
Texas Wate::- Code, the Texas Clean Air Act, the Texas Health &
Safety Code, or other federal or state environmental laws, rules or
regulations;, to the same extent and to the same intent and effect
as if all IJand covered by this Agreement were not subj ect to the
Agreement.
II.
In the event that any portion of the Land has heretofore been
annexed by City, Company agrees to render and pay full City ad
valorem taxes on such annexed Land and improvements, and tangible
personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th TeJcas Legislature, Regular Session, 1979, as amended), the
appraised value for tax purposes of the annexed portion of Land,
improvements, and tangible personal property shall be determined by
the Harris County Appraisal District. The parties hereto recognize
that said Appraisal District has no authority to appraise the Land,
improvements, and tangible personal property in the un annexed area
for the Pu]~pose of computing the "in lieu" payments hereunder.
Therefore, the parties agree that the appraisal of the Land,
improvement:3, and tangible personal property in the unannexed area
shall be conducted by City, at City's expense, by an independent
appraiser of city's selection. The parties recognize that in
making such appraisal for "in lieu" payment purposes, such
appraiser must of necessity appraise the entire (annexed and
unannexed) Land, improvements, and tangible personal property.
Nothing heredn contained shall ever be interpreted as lessening the
authority of the Harris County Appraisal District to establish the
appraised value of Land, improvements, and tangible personal
2
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property in the annexed portion, for ad valorem tax purposes.
III.
A. On or before April 15, 1994, and on or before each April 15th
thereafter, unless an extension is granted in accordance with the
Texas Property Tax Code, through and including April 15, 2000,
Company shall provide City with a written description of its Land
and all improvements and tangible personal property located on the
Land as OJ: 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 authoJ:-ized agent, (the Company's "Rendition"). Company may
file such Rendition on a Harris County Appraisal District rendition
form, or edmilar form. The properties which the Company must
render and upon which the "in lieu of" taxes are assessed are more
fully described in subsections 1, 2, and 3 of subsection D, of this
Paragraph III (sometimes collectively called the "Property"). A
failure by Company to file a Rendition as provided for in this
paragraph, shall constitute a waiver by Company for the current tax
year, of all rights of protest and appeal under the terms of this
Agreement.
B. As pa::-t 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 de:scription of such products in storage.
C. On or before the later of December 31, 1994, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2000, Company
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 II in lieu of
taxes" on Company · s Land, improvements and tangible personal
property in the unannexed area equal to the sum of:
1. (a) 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 existed on
January 1, 1994, January 1, 1995, and January 1,
1996, had been within the corporate limits of City
and appraised each year by city's independent
appraiser; and
C:b) Fifty-three percent (53%) 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, 1997, January 1, 1998,
January 1, 1999, and January 1, 2000, had been
within the corporate limits of City and appraised
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each year by City's independent appraiser; and
2. (a) On any Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new
construction, in excess of the appraised value of
same on January 1, 1993, resulting from new
construction (exclusive of construction in
progress, which shall be exempt from taxation), for
each Value Year following completion of
construction in progress, an amount equal to Thirty
percent (30%) of the amount of ad valorem taxes
which would be payable to City if all of said new
construction had been within the corporate limits
of city and appraised by City's independent
appraiser.
(b) A Substantial Increase in value of the Land and
improvements as used in subparagraph 2(a) above, is
defined as an increase in value that is the lesser
of either:
i. at least Five percent (5%) of the total
appraised value of Land and improvements, on
January ~, 1993; or
ii. a cumulative value of at least $3,500,000.00.
For the purposes of this Agreement, multiple
projects that are completed in a Value Year can be
cumulated to arrive at the amount for the increase
in value.
[c) If existing property values have depreciated below
the value established on January 1, 1993, an amount
equal to the amount of the depreciation will be
removed from this calculation to restore the value
to the January 1, 1993, value; and
3. (a) 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,
inventory, oil, gas, and mineral interests, items
of leased equipment, railroads, pipelines, and
products in storage located on the Land, if all of
said tangible personal property which existed on
January 1, 1994, January 1, 1995, and January 1,
1996, had been within the corporate limits of City
and appraised each year by the City's independent
appraiser;
(b) Fifty-three percent (53%) 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,
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inventory, oil, gas, and mineral interests, items
of leased equipment, railroads, pipelines, and
products in storage located on the Land, if all of
said tangible personal property which existed on
January 1, 1997, January 1, 1998, January 1, 1999,
and January 1, 2000, had been within the corporate
limits of City and appraised each year by the
city's independent appraiser.
with the Bum of 1, 2 and 3 reduced by the amount of city's ad
valorem tcLxes on the annexed portion thereof as determined by
appraisal by the Harris County Appraisal District.
IV.
This Agree:ment shall extend for a period beginning on the 1st day
of January, 1994, and continuing thereafter until December 31,
2000, unless extended for an additional period or periods of time
upon mutuel! consent of Company and City as provided by the
Municipal l~nnexation Act; provided, however, that in the event this
Agreement is not so extended for an additional period or periods of
time on or before August 31, 2000, the agreement of City not to
annex propf~rty 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 AgreeI!lent, notwithstanding any of the terms and provisions of
this Agreement.
Company agrees that if the Texas Municipal Act, section 42.044,
Texas Local Government Code, is amended after January 1, 1994, or
any new legislation is thereafter enacted by the Legislature of the
state of TE!xas which imposes greater restrictions on the right of
City to annex land belonging to Company or imposes further
obligatiomi 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 Jarmary 1, 1994.
V.
This Agreement may be extended for an additional period or periods
by agreement between City and Company and/ or its assigns even
though it is not extended "by agreement between City and all of the
owners of all land within the District of which it is a part.
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.
5
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Notwithstanding such protest by Company, Company agrees to pay to
City on or before the date therefor hereinabove provided, at least
the total of (a) the total amount of ad valorem taxes on the
annexed portions, plus (b) the total amount of the "in lieu of
taxes" on t,he unannexed portions of Company's hereinabove described
property lIThich would be due to City in accordance with the
foregoing provisions of this Agreement on the basis of renditions
which shall be filed by Company.
When the C:.ty 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 :iurisdiction 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 S\:lch final valuation, together with applicable penalties,
interests, and costs.
B. Should Company disagree with any appraisal made by the
independen1: appraiser selected by City pursuant to Article II above
(which shall be given in writing to Company), Company shall, within
twenty (20) days of receiving such copy, give written notice to the
City of such disagreement. In the event Company does not give such
written notice of disagreement within such time period, the
appraisal made by said independent appraiser shall be final and
controllin9 for purposes of the determination of II 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 t:h.e date the notice of disagreement was received by City,
the parties have not reached agreement as to such market value, the
parties ag:['ee 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
or before DI3cember 31 of each year during the term hereof, at least
the total o:f (a) the ad valorem taxes on the annexed portions, plus
(b) the total amount of the "in lieu" payments which would be due
hereunder em 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
p.['eside over the arbitration proceeding. The sole issue
6
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'to be determined in the arbitration shall be resolution
(:>f the difference between the parties as to the fair
market value of Company's property for calculation of the
I" in lieu" payment and total payment hereunder for the
year in question. The Board shall hear and consider all
J:-elevant and material evidence on that issue including
f:!xpert opinion, and shall render its written decision as
promptly as practicable. That decision shall then be
j: inal and binding upon the parties, subj ect only to
:iudicial review as may be available under the Texas
General Arbitration Act (Articles 224-238, Vernon' s
l~nnotated Revised civil statutes of Texas). Costs of the
arbitration shall be shared equally by the Company and
1:he 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 th.ereon, in the event of default in payment of "in lieu of
taxes" payn,ents 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 ass igns,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the property
belonging t:> 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. Company shall give City written notice within ninety (90)
days, with 1:ull particulars as to property assigned and identity of
assignee, of any disposition of the Land, and assignment of this
Agreement.
IX.
If city enters into an Agreement with any other landowner with
respect to .:in industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
hereof and '/hile this Agreement is in effect, which contains terms
and provisil)ns more favorable to the landowner than those in this
Agreement, ':ompany and its assigns shall have the right to amend
this Agreem.ant and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement. This
Paragraph s:hall not apply to any Court ordered extension of the
term of the Agreement ordered in Southern Ionics, Inc. vs City of
La Porte, civil Action H-89-3969, United states District Court,
Southern Dil;trict of Texas.
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X.
The partie,g agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate,
and not unduly restrictive of Company's business activities.
wi thout sUt::h agreement neither party hereto would enter into this
Agreement. In the event anyone or more words, phrases, clauses,
sentences, paragraphs, sections, articles or other parts of this
Agreement or the application thereof to any person, firm,
corporation or circumstances shall be held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, thEm 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 separal:,le from the remainder of this Agreement and the validity
of the remaining parts of this Agreement shall not be affected
thereby.
XI.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land E.hall terminate.
ENTERE:D INTO effective the 1st day of January, 1994.
By:
SPORTS, INC.
Address: P.o. Box 674421
Houston, TX 77267-4421
ATTEST:
A~D: y .
~U1.
Knox W. Ask:~ns
City AttornE!y
City of La Porte
P.O. Box 12J.8
La Porte, TX 77572-1218
By:
~ OF LA PORTE
wnz~~~" k
iflo man L. Mal6ne~ ---
Mayor
By:
G~ T ~~~
Robert T. Herrera
City Manager
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
Phone: (713) 471-1886
Fax: (71~) 471-2047
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METES AND BOUNDS DESCRIPTION
17.9648 ACRES
WILLIAM M. JONES SURVEY, A-482
HARRIS COUNTY, TEXAS
OSI Transports, Inc.
17.9648 Acre Tract
Page 1 at 1
Being 17.9648 elcres of land out of Tract II of a called 169.450 acre tract conveyed to ARCO
Pipe Line Company by Atlantic Richfield Company by deed dated August 18, 1988, recorded
under Harris CClunty Clerk's File Number L848794, same being situated in the William M.
Jones Survey, A-482 , Harris County, Texas. Said 17.9648 acres of land being more
particularly desc:ribed by metes and bounds as follows (all bearings are referenced to the
westerly right-of..way line of Baypark Road, based on a 100.00' right-of-way, as established in'
said ARCO Pipe Line Company deed):
COMMENCING at a found Copperweld being the intersection of the South line of said Tract II
and the Westerly right-of-way line of said Baypark Road, same being the Northeast Corner of
a called 60.792 (Icre tract of land, said Copperweld bears S 02027'59' e, 2,884.30 feet (called
2,883.23 feet), from the intersection of the Westerly line of said Baypark Road and the
Southerly right-o'f-way line of Fairmont Parkway, based on a 250.00' right-of-way;
THENCE N 020:!7'59" W, with the Westerly line of said Baypark Road, for a distance of
989.78 feet to a 5/8 inch iron rod with cap set for Southeast corner of the herein described
tract, same beins' the POINT OF BEGINNING;
THENCE S 86052'37" W, departing from the Westerly line of said Baypark Road, for distance
of 910.00 feet tel a 5/8 inch iron rod with cap set for the Southwest comer of the herein
described tract, same being the Southeast comer of a proposed 0.5923 acre tract;
THENce N 020~:7'59" W, along the East line of said 0.5923 acre tract, for a distance of
860.00 feet to a 5/8 inch iron rod with cap set for the Northwest corner of the herein
described tract and located in the southerly line of a proposed 0.3237 acre tract, same being
the Northeast corner of said 0.5923 acre tract;
THENCE N 8605~t37" E, along the Southerly line of said 0.3237 acre tract, for a distance .of
910.00 feet to a 5(8 inch iron rod with cap set for the Northeast corner of the herein described
tract, same being located in the Westerly line of said Baypark Road;
THENCE S 0202'7'59" E, along the Westerly line of said Baypark Road, for a distance of
860.00 feet to the POINT OF BEGINNING and containing within these calls 782,549 square
feet or 17.9648 ac:res of land.
Witness my hand and seal on this the 18th day of November 1998
~.~~~
~~ '1ZPL.S-
Kevin K. Ko ~
Texas Registered Professional Land Surveyor, No. 5269
. A survey plat has been prepared in conjunction with this legal description.
.......
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REQUEI FOR CITY COUNCIL AGENIITEM
Agenda Date Requested: June 28, 1999
Requested By: Doug Kneupp~ Department: Planning
RI:tport Resolution X Ordinance
Exhibits: Ordinance
'Nater Service Agreement
Policy Providing Water to Industries Within ET J
Area Map
Summary & Recommendation
Council has previously approved a policy for provision of potable water service to
companies outside the corporate city limits that have current Industrial District
Agreements with the City.
Initial DSI Transports, Inc. wishes to pursue water service under the terms and
conditions offered by the City. Based on 60 on-site employees, the average daily
demand is est mated to be 3,000 gallons. In addition, the applicant is requesting 17,000
gallons per daV for an industrial process(tank truck cleaning) for a total request of
20,000 gallon~; per day. Initial OSI Transports, Inc. will pay one and one-half (1 %)
times the City':; current rate.
The term of thl~ Water Service Agreement is for five (5) years, plus any renewals and
extensions thereof. However, the Agreement shall automatically expire at such time as
there is no effelctive Industrial District Agreement between the parties or if the City
exercises the right of termination. Based on 60 on-site employees, plus the 17,000
gallons per da~( for tank truck cleaning, the applicant is subject to an administrative
connection chElrge in the amount of $15,000 which has been paid to the City. In
addition, the applicant has submitted a check in the amount of $16,585 that will be
forwarded to Akzo-Nobel as reimbursement for the installation of the 8" water line along
Bay Park Roael that occurred in 1995.
Initial DSI Transports, Inc. will tie onto a water main that is existing along the west side
of Bay Park RCtad. Staff recommends approval of the Water Service Agreement
submitted,
Action Required by Council
Consider approval of an ordinance authorizing the City to enter into a Water Service
Agreement with Initial OSI Transports, Inc.
Availability of Funds: N/A
Approved for ICity Council Agenda
Q~ 'T~ ~~~
Robert T. HerrElra
City Manager
~.?. ~-q,
Date
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ORDINANCE NO. 99- 2 3 3 8
AN ORDDfANCB APPROVIlfG AND AUTHORIZING A WATER SERVICE
AGREEllEKT B.lSfl WIGEN THE CITY OF LA PORTE AND INITIAL D.S.I.
TRANSPORTS, INCORPORATED, FOR PROVISION OF POTABLE
WATER SERVICE; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATUrG TO THE SUBJECT; FIlmiNG COMPLIANCE WITH THE
OPEN alEBTINGS LAW; AND PROVIDING AN EFFECTIVE DATE
HEREOF'.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE:
Sec:tioD 1. The City Council hereby approves and authorizes the
contract, agreement, or other undertaldng described in the title of this
ordinancc::, in substantially the form as shown in the document which is
attached hereto and incorporated herein by this reference. The City
Manager ::s 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.
Sec1tioD 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 se; 1, 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
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ORDINANCE NO. 99- 2 3 3 8
and fom!ally acted upon. The City Council further ratifies, approves and
confums such written notice and the contents and posting thereof.
Seltrt!OD 3. This Ordinance shall be effective from and after its
passage Imd approval, and it is so ordered.
PASSED AND APPROVED, this 28th day of June, 1999.
~LA PORTE
By' .. -
. N.an~~
Mayor
ATI'EST:
L/fY1 A J IJ1lt .ltuu4
~illett
City Secretary
A~~: ~;1
~,W,~~
Knox W. Askins,
City Attor:ney
e e
STATE OF TEXAS ~
COUNfY OF HARRIS ~
.
WATER SERVICE AGREEMENT
This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a
municipal corporation of Harris County, Texas, hereinafter calle<l "CITY", and Initial DSI
Tramports, Inc., a corporation, hereinafter called "COMPANY".
I.
COMPANY is the owner of certain real property which is situated in CITY'S Battleground
Industrial District or Bayport Industrial District and not within the corporate limits of the CITY.
CITY and COMPANY are parties to a current Industrial District Agreement.
II.
COMPANY is desirous of purchasing potable water from CITY for usual human domestic
consumption and uses, and for limited industrial processes as hereinafter stated. Previous planning
considerations for the long-range potable water supply of CITY did not include the needs of
property located outside the city limits of CITY . COMPANY recognizes that CITY cannot at this
time provide permanent and unlimited water service. CITY agrees, however, to provide limited
potable water St:rvice to COMPANY. For and in consideration of furnishing domestic potable
water by CITY, the parties hereto agree as follows, to-wit:
III.
COMPANY has made certain representations to CITY as to its number of employees,
and/or its desired amount of potable water for limited industrial processes, as of the date of this
agreement, upon which representations CITY has relied in entering into this Agreement.
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Upon r-:view of these representations, the City has determined the following:
Number of Company Employees on site
60
Number of Contract Employees on site
o
Total on-site Employees
60
Potable Water Approved for Domestic Use
(Total on-site Employees times 50 gpd per employee)
3000
Potable Water Approved for Industrial Processes (gpd)
17.000
Total Amount of Potable Water Approved for
.Company (Average Daily Demand, gpd)
20.000
N.
CITY has determined that adequate facilities are available to CITY to furnish potable water
to COMPANY based on the following terms and conditions, to-wit:
(A) Company st.,a11 pay to CITY a one-time administrative connection charge of $ 15.000.
(B) Potable watf:r used for Industrial Processes shall be limited to the following processes:_
Transportation Equipment Cleaning. (TEC)
(C) COMPANY shall file an application for water service with CITY'S Utility Billing Division and
pay appropriate deposit and water meter charge. CITY shall be responsible for furnishing and
installing m:ter at Company's expense. COMPANY shall be responsible for installing
appropriate meter box to be approved by City.
(D) Where appli(:able, COMPANY shall also pay to CITY $ 16.585 as a pro-rata reimbursement
for installatic.n of utility mains funded by other parties.
(E) The total am.ount of potable water approved (average daily demand) is established at twenty
thousand aoJ)gID gallons per day. This number is based on an average of fifty (50) gallons
per employee: per day established by CITY, plus any amount approved for industrial processes.
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(F) The average monthly demand of six hundred ten thousand (610.000) gallons is established by
multiplying the average daily demand by a factor of 30.5, which shall be used to facilitate
service billings.
(G) The cost of water up to the average monthly demand of six hundred ten thousand (610.000)
gallons shall be one hundred fifty percent (150%) of the CITY'S rate as established from time
to time for (:ommercial customers inside its corporate limits.
(H) The cost of water for amounts used in excess of the established average monthly demand shall
be two hundred percent (200%) of the CITY'S rate as established from time to time for
commercial customers inside its corporate limits.
(I) Nothing contained in this Agreement shall obligate CITY to furnish more than the average
monthly demand of six hundred ten thousand (610.000) gallons. Repeated consumption greater
than the established average monthly demand may result in termination of service.
(J) CITY shall have the right to interrupt or temporarily suspend said water service to COMPANY
if an emergl~ncy arises and there is not an adequate water supply to meet the needs of the
citizens of La Porte.
(K) CITY reserves the right to enforce its drought contingency plan on all water customers at
CITY'S sole discretion.
(L) The total ~.t for the engineering design and construction of any potable water main, service
line, back flow preventer, meter or other required appurtenances will be the responsibility of
COMPANY.
(M) COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to
the furnishing of potable water to customers within the corporate limits of CITY.
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(N) All plumbing installed by COMPANY connected to the domestic water line from CITY, shall
meet all applicable State of Texas and CITY plumbing code requirements. CITY'S engineering
and code enforcement personnel shall have the right of prior review and approval of
COMPANY'S plans and specifications for the plumbing system(s). CITY plumbing inspectors
shall have the right to inspect any and all work related to the furnishing of potable water to
COMPANY.
(0) A reduced :~ressure zone bacldlow preventer shall be installed and maintained by COMPANY
to protect CITY from any possible cross-connections.
(P) The potable water supply system will be segregated from any existing and future COMPANY
fire protectilJn system.
(Q) There shall be no resale of the water provided by CITY, nor any extension of service lines by
COMPANY to serve other parties.
(R) COMPANY shall submit a certified site plan showing the total acreage of the tract including
present and proposed improvements and a suitable location map of the site. Company's
development may be subject to certain additional requirements as described in Exhibit A.
These requirements shall be shown on the site plan and approved by City.
V.
All expenses of the installation of the meter; service lines from the main to the meter; and
from the meter to COMPANY'S facilities, shall be solely at the expense of COMPANY.
COMPANY shall own and maintain all service lines and plumbing facilities beyond the meter.
CITY shall own the meter.
VI.
CITY will have ownership and maintenance responsibility for its water mains, and service
lines up to and including CITY'S water meter. In the event a State or Harris County license,
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permit, or permission to install the water main is revoked, or relocation or adjustment is required,
CITY will not b~ responsible for the expense of such relocation, adjustment, or replacement.
VII.
CITY reserves the right of entry at all reasonable times for the purpose of inspection of
COMPANY'S water facilities, and to observe compliance with the terms and conditions of this
Agreement. Wben exercising its right of entry, CITY shall notify COMPANY in advance. CITY
also agrees to follow established health and safety policies in effect at COMPANY'S facility.
VIII.
CITY ~:erves the right to terminate this agreement in the event of violation of the terms
and provisionS hf:reof by COMPANY. CITY will provide COMPANY with written notice of any
defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects
within ten (10) days may result in termination of Agreement. CITY shall have the right to
summarily correc:t, at COMPANY'S expense, any defect or deficiency, when in its opinion the
integrity of the public water supply is threatened.
IX.
Upon recdpt of written notice of termination, COMPANY shall have up to six (6) months
to prepare for tra!1Sition to another water supply. If the transition is not complete within said six-
month period, Cfrv shall have the right to terminate water service at its sole discretion.
x.
In the event of any conflict between the terms and provisions of this Water Service
Agreement and the terms and provisions of the Industrial District Agreement between the parties,
the terms and provisions of the Water Service Agreement shall control, to the extent of such
conflict. The term of this Agreement shall be for five years plus any renewals and extensions
thereof. However, this Agreement shall automatically expire at such time as there is no effective
Industrial District Agreement between the parties or if CITY exercises its right of termination.
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ENTERED INTO effective the / () day of J {I/V e , 1999.
CITY OF LA PORTE
A ITEST:
<11l4A11it.L1. /idttIJ
Martha A. Gillett
City Secretary
/~
APPROVED:
, /
c,J,
Knox W. Askins
City Attorney
City Attorney
PO Box 1218
La Porte, TX 77572-1218
Phone: (281) 471-1886
Fax: (281) 471-2047
INITIAL DSI TRANSPORTS. INC.
Company
By: ~~PAN
ide: Director of Environmental Affairs
Address: P.O. Box 674421
Houston. Texas 77267-4421
CITY ~ PORTE
By: ~~
Norman L. Malone
Mayor
By:
Q~\.~
Roben T. Herrera
City Manager
City of La Porte
PO Box 1115
La Porte, TX 77572-1115
Phone: (281) 471-5020
Fax: (281) 471-7168
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This is EXHIBIT A, consisting of 1 page,
referred to in and part of the Water Service
Agreement and/or Sanitary Sewer Service
Agreement between CITY and COMP~
dated J"""'~ It) , 11}9v
Initial:
CITY 5h
COMPANY ~-
J
ADDITIONAL REOUIREMENTS
The Agreement is amended and supplemented to include the following agreement of the
parties. COMPANY shall provide additional improvements as specifically set forth below.
These agreements represent contractual undertakings of COMPANY, undertaken to induce
CITY to sell water to COMPANY pursuant to the terms of the Water Service Agreement
and/or Sanitary Sewer Service Agreement and this addendum. Said additional improvements
undertaken by COMPANY are an integral part of the consideration by COMPANY for
obtaining the provision of water and/or sanitary sewer service from CITY.
1) Storm Water Plan: For new development COMPANY.shall provide a Storm Water
Management Plan that is approved by Harris County Flood Control District and CITY.
COMPANY shall construct and maintain any storm water system as a condition of
continued water and/or sewer service.
2) Miscellaneous:
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April 7. 1999
Page 1 0'5
REQUESTS FOR POTABLE WATER SERVICE
ANDIOR SANITARY SEWER SERVICE
OUTSIDE THE CITY OF LA PORTE
FOR COMPANIES WITH AN INDUSTRIAL DISTRICT AGREEMENT
I. General: Requests for water and sewer service outside the city limits of
La Porte and within our extraterritorial jurisdiction (ET J) shall:
· be initiated by formal application supplying the information
on the attached.
II be considered and approved by City Council on a, case by
case basis.
II require the owner of the property to execute an Industrial
District Agreement with the City.
II require the owner to execute a Water and/or Sewer Service
Agreement with the City.
Additionally, depending on circumstances, the applicant may be
required to execute a Utility Extension Agreement with the City.
1. Requests for water and/or sewer service will fall into one of two
categories.
· Sanitary and/or domestic needs where the estimated and
contracted demand is equal to or less than the number of
employees at that site times 50 gal/person/day.
· Water and/or Sanitary Sewer demand is greater than the 50
gal/person/day. but less than a total demand of 30,000 gal/day.
2. Miscellaneous Requirements and Restrictions:
II The City Council may also require additional requirements
and restrictions as they see fit. These additional restrictions
will be listed in an Exhibit "A" to the Water Sewer Service
Agreement.
· Specifically, in certain cases to promote various
objectives, features or policies of the City the Council
may require:
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April 7, 1999
Page 2of5
· information on the proposed usage of the property.
· certain setbacks, lot coverage, landscaping, berms, etc.
for protection of adjacent property and visual
enhancements along public roadways.
· additional development requirements might include
pedestrian sidewalks, decorative fencing and screening.
· installation of fire hydrants to improve the firefighting
capabilities of an area.
· for new development, the projeds stormwater
management plan shall be coordinated with and
approved by the City and Harris County Flood Control
District.
3. For proposed developments that will be subdivided into multiple lots
and end users.
DI The applicant will be asked to provide as much information
as possible to assist in the implementation of these policies
including but not limited to surveys, proposed lot layout,
driveways, streets, etc. Total projeded water and sewer
demands of the entire development.
m However, each individual end user will be required to
execute separate Industrial Distrid Agreements, Water
and/or Sewer Service Agreements and when necessary, a
Utility Extension Agreement.
II. The proposed user shall supply the following information in writing:
1. Statement of utility demands including as a minimum:
II Average day demand for potable water
II Peak day demand for potable water
II Minimum working pressure requirements
II Processes water will be used for (if applicable)
II Average day demand for sanitary sewer
II Peak day demand for sanitary sewer
· Processes contributing to sanitary sewer (if applicable)
II Number of regular and contract employees
which shall be reviewed and approved by the City.
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April 7, 1999
Page 3 of 5
2. Certified site plan showing the total acreage of the tract including
present and proposed improvements and a suitable location map of
the site. In addition, the City may require the site plan to
demonstrate that certain miscellaneous requirements and
restrictions discussed in Section I paragraph 2 will be met.
3. The project's stormwater management plan shall be coordinated
with the City and Harris County Flood Control District. The City
and HCFCD may require the combining of some stormwater
systems to achieve a higher overall effectiveness.
III. The City will determine availability of adequate utilities based on the
number of employees (regular and contract) onsite times an average day
demand of 50 gallons per day per employee, and/or the stated quantity of
water and/or sanitary sewer for processes. Total combined water demand
shall not exceed 30,000 gallons per day, total combined sanitary sewer
demand shall not exceed 30,000 gallons per day
If adequate utilities are available, the provisions outlined in Section III shall
apply.
If adequate utilities are not available, potable water service shall not be
recommended unless special provisions are made and approved for a
utility extension of proper size to meet the present and the projected
demands for municipal water service in the area.
All proposed extensions shall meet the City's policy for a Utility Extension
Agreement, which requires:
· The Company to secure all necessary easements, rights-of-way,
permits, etc., at no cost to the City.
· The dedication of utility line to the City as well as other provisions.
IV. Requests for potable water service by users outside the city limits of La
Porte shall be subject to the following conditions:
1. Must have City Council approval.
· City determines locations, line sizes and approves plans.
· No outlay of City funds, other than administration of contracts
and policies.
· Lines to be installed in easements if installed in rights-of-way,
Industry would be responsible for future relocation expenses.
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April 7, 1999
Page 4of5
2. Requires that City water be used for human consumption, washing,
etc., and/or limited process water with specific approval of City
Council.
3. Where required by the City (mandatory for all process type plants)
a reduced pressure zone backflow preventor must be installed to
protect the City from any possible cross connections.
4. When required by the City, a meter bypass will be installed.
5. All plumbing shall be permitted and shall meet applicable State and
City code requirements. The City shall have the right to inspect any
and all work related to the furnishings of potable water to the user.
6. The proposed user of potable water shall pay a one-time
connection fee of $100.00 per employee, with a minimum of
$5,000.00 and a maximum of $15,000.00.
If the users total water demand is greater than the average day
demand of 50/gallemployee/day, the one time connection fee shall
be $2.00/gal times the total potable water demand approved with a
minimum of $5,000 and a maximum of $15,000.
7. The user shall pay 150% of the water rates in effect for users within
the corporate limits of the City. For water usage in excess of the
average day demand, the user shall pay 200% of the water rates in
effect for users within the corporate limits of the City.
8. The user shall enter into a contract with the City outlining the
provisions for potable water service outside the corporate limits of
the City.
9. Exceptions:
· -Prior contracts or commitments made by the City.
· City Council has right to review, modify or enter into other
agreements, as it deems necessary.
V. Requests for sanitary sewer service by users outside the city limits of La
Porte shall be subject to the following conditions:
1. Must have City Council approval.
· City determines locations, line sizes and approves plans.
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April 7, 1999
Page 5 of 5
· No outlay of City funds, other than administration of contracts
and policies.
· Lines to be installed in easements or if installed in rights-of-way,
Industry would be responsible for future relocation expenses.
2. Requires that sanitary sewer be generated by typical human sanitary
uses, washing, etc., and/or limited processes with specific approval of
City Council.
3. All plumbing shall be pennitted and shall meet applicable State and
City code requirements. The City shall have the right to inspect any
and all work related to the furnishing of sanitary sewer service to the
user.
4. The proposed user of sanitary sewer shall pay a one-time connection
fee of $100.00 per employee, with a minimum of $5,000.00 and a
maximum of $15,000.00.
If the users total sanitary sewer demand is greater than the average
day demand of 50/gallemployee/day, the one time connection fee shall
be $2.00/gal times the total sanitary sewer demand approved with a
minimum of $5,000 and a maximum of $15,000.
5. The user shall pay 150% of the sanitary sewer rates in effect for users
within the corporate limits of the City. For sanitary sewer demand in
excess of the average day demand, the user shall pay 200% of the
sanitary sewer rates in effect for users within the corporate limits of the
City.
6. The user shall enter into a contract with the City outlining the
provisions for sanitary sewer service outside the corporate limits of the
City.
7. Exceptions: .
· Prior contracts or commitments made by the City of La Porte.
· City Council has right to review, modify or enter into other
agreements, as it deems necessary.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
June 28. 1999
DouQ KneUDDe,4y- Department: Planning
Report Resolution Ordinance
Requested By:
x
Exhibits:
1. Utility Extension Agreement
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SUMMARY & RECOMMENDATION
Mr. John Frantz is the owner and/or representative for approximately 46 acres located
along S.H. 225 between Miller Cut-Off Road and Sens Road in the City's Battleground
Industrial District. Mr. Frantz has approached the City for the extension of potable water
service to this tract. Frantz intends to divide the property into acreage tracts and sell for
industrial development. After installation of the line, it will be the responsibility of the
individual tract owners to negotiate with the City for separate Water Service Agreements.
Currently, the City's existing waterline is located along the north side of S.H. 225 and
terminates at a point on the east side of the Sens Rd. south of Dana Tank Container
Service. In order to provide water service to his development, Mr. Frantz has submitted
plans and specifications to the City's Planning Department for review. These plans call for
the extension of 5,261 L.F. of 8" waterline from the east side of Sens Road along the
north right-of-way line of S.H. 225 and continuing northwesterly to serve the 46-acre area.
No City particioation is anticioated for this water line extension.
Recommendation
Due to the uniqueness of this request, staff believes that it is important that we brief you
on Mr. Frantz's proposal, as it is different than our traditional approach.
Action Required bv Council:
Receive report from City staff and offer direction.
Availability of Funds: N/A
ADproved for City Council Agenda
G~T, ~
Robert T. Herrera
City Manager
Date
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. 1
UTILITY EXTENSION AGREEMENT
(Owner Funded EUeDsion)
THE STATE OF TEXAS:
COUNTY OF HARRIS:
This agreement, made this
day of
. 1999, by and between the
City of La Porte, herein called "City", acting herein through its City Manager and John Franu, an
individual, of The Woodlands, County of Montgomery, and Stale of Texas, hereinafter called "Owner".
WITNESSETH
1. All rden:nc:es to "U1ility Main(s)" hereunder shaD, for the pwposes of this agreement, shall refer to
the extension of an 8-inch potable water line and related appurtenances as per plans and
specifications being prepared by Cobb, Fendley & Associates, Job No. 98Z045-01 (CLP Project
No. 98-7602).
2. Owner is the OWDer and representative of certain property in the City of La Porte, Harris County,
Te.'alS, identified as approximately 46 Acs out of the Enoch Brinson Survey, A-5, Banis County,
Texas, as recorded under Hanis County Clerk File No.
. City's u1ility main(s) presemJ.y do
not extend to Owner's said property. Owner has requested the e.'<tension of City's utility main(s) to
SeIVe Owners said property.
3. City hereby agrees to the construction and installation of an extension of its utility main(s) to said
property commencing at the nearest existing utility main(s) of sufficient size and capacity. Thence
alongtthroughpublic rights-of-way and/or easements to and through said Owner's property. Provided,
however, tbat should City not possess all necessary rights-of-way and/or easements to complete said
e.~ension(s), Owner shall be solely responsible for obtaining said additional rights-of-way and/or
easements at no oost to City on City approved forms. All pennits and approvals required by entities
with jurisdiction sball be secured prior to construction.
4. Owner agrees to pay all oosts related to the construction and installation of said udlity main{s)
including necessary appurtenances in conformance with City's standards and specificadoDS for said
utility main{s) all in a.ccoIdance with Plans referenced in Seedon 1 hereof. Owner further agrees to
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pay all engineering fees for smvey, design, contract documents, bidding, coDStnlction staking,
construction inspection, and preparation and submittal of As-Bullt construction drawings.
S. Subject to the provisions of this agreement, City hereby agrees to the construction and installation of
said utility main(s) according to the plans and specifications referenced in Section I hereof and
contIact documents to be prepared by the Owner's engineer and approved by the City. The contract
documents sbal1 include a provision for a one (1) year wammty from defects in materials and
worJcmsmdtip. The documents will also provide a "Notice" to Contractor that the City of La Porte will
pezform daily construction inspection to insure compliance with plans and specifications. Owner
agrees that City will not be responsible for issuing or approving payments to the Contractor. It is
agreed and understood that Owner is respoDS1"le for paying for any umoreseen costs or cost ovemms
in the project that result from circumstances beyond the control of the City.
6. City shall have the right to approve the Engineer and the Contractor selected by Owner. Upon
completion and approval of plans, specifications, and contract documents, the City shall authorize the
Owner to secure bids from qualified underground utility CODllactors.
7. Owner agrees that upon completion and acceptance by City, City will assume ownership and
maintenance of the utility main(s) and as such shall have full control over future extensions and
connections thereto.
8. For the pmposes of reimbursement, as provided for in paragraph 9, Owner agrees to supply City with a
statement of final construction costs. Owner and City agree to use the final construction cost to
develop an average cost per foot. Said average cost per foot shall be calculated by determining the
final construction cost eligI"le for reimbursement divided by the total length of utility main eligIole for
reimbursement as defined by E.'Cbibit " A".
9. In the event that other owners of property abutting the utility mains extended by Owner lDlder this
contract, as shown on the plat attached hereto as E.-d1ibit .. A" and incorporated by reference herein,
shall utilize the extended utility main(s) constructed under this agreement by making connection
thereto under a permit from City within a period of then (IO) years from and after the date City has
accepted the construction of said facilities by the contractor, City agrees to collect from said property
owners, an amount equal to their linear foot of frontage abutting the utility main times the average cost
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3
per foot In the event that other Owner(s) have participated in the cost of the extension oftbis liDe(s),
all participating owner(s) sball be reimbursed pro lata to their respective participation in the cost of the
liDe(s).
IN WITNESS WHEREOF, the Parties to these presents have executed this agreement in several
counterparts. each of which sball be deemed an original, in the year and day first mentioned above.
(Seal)
CITY OF LAPORTE
ATIEST:
BY:
BY:
TI1LE:
(City SecretaIy of La Porte)
(Seal)
JOHN FRANTZ
BY:
(Witness or Seaetary of Corporation)
BY:
10hn Fnmtz Company
(Owner)
APPROVED AS TO FORM:
City Attorney
PROPOSED 8" WATER UNE EXTENSION
SENS ROAD
OWNER'S PROPERlY
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NOTE: POINT 8A8 TO "88 flIGIBlJ: FOR REIMBURSEMENT
POINT 8A8 TO -C-lUTAL LSiGTH OF WATERLINE EXTENSION
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CONSENT AGENDA
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A
REQUEST!R CITY COUNCIL AGENDA J
Agenda Date Reqnested: ~
Requested By: S. Gillett "+pi Department: Public Works
XX Report _ Resolution _ Ordinance
Exhibits: Bid Tabulation and Bidder's List
SUMMARY & RECOMMENDATION
Sealed bids were received on June 21, 1999 for the Aggregate for Surface Treatment. This material is a
naturally occurring oil impregnated limestone rock used in the resurfacing of streets. Bids were sent to three (3)
vendors with one (1) returning bids.
The only bid submitted was from Vulcan Construction Materials for a total estimated annual cost of $58,762.00.
This is a 1 % decrease in prior years pricing. Vulcan Construction Materials is the only source of naturally
occurring oil impregnated limestone rock in Texas. The City of La Porte, as well as other jurisdictions,
including the Texas Department of Transportation, uses the Vulcan material exclusively for seal coating.
Funds are available in the Street Division Operating Budget for this purchase.
Action Required by Council: Approve the bid from Vulcan Construction Materials for an annual contract for
Aggregate for Surface Treatment in an amount estimated at $58,762.00.
Availability of Funds:
...x.. General Fund_ WaterlWastewater
_ Capital Improvement
Other
Account Number: 001-7071-531-4015 Funds Available: x.. YES NO
Aooroved for City Council A2enda
8,~
Robert T. Herrera
City Manager
b. A>-~~
Date
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BIDDER'S LIST
SEALED BID #0776 - AGGREGATE FOR SURFACE TREATMENT
MARTIN MARIETTA MATERIALS
P.o. BOX 3129
HUMBLE, TX 77347
281-441-4671
CEMEX
P.O. BOX 4608
HOUSTON, TX 77210-4608
713-767-7700
ATTN: LUCY
ATTN: DAVID FOSTER
VULCAN MATERIALS CO.
P. O. BOX 791550
SAN ANTONIO, TX 78279
1-800-535-0949
ATTN: PAT WOOTTON
BA YSHORE SUN PUBLISH DATES
JUNE 6TH, 1999
JUNE 13TH, 1999
CHAMBER OF COMMERCE
P.O. BOX 996
LA PORTE, TX 77572-0996
.
.
BID TABULA TIOH - AGGREGA TE FOR SURFACE TREA TMEHT
, "''''i 0" '.'; ,
."' ...
. . . : . .
>b,ESCRJPTION: " ,',
1) PE 2 MATERIAL (PRICE PER TON)
A. TRUCK DELIVERY ONLY
B, RAIL FREIGHT PLUS TRUCKING
2) PE 4 MATERIAL (PRICE PER TON)
A. TRUCK DELIVERY ONLY
B. RAIL FREIGHT PLUS TRUCKING
GRAND TOTAL
_, NO~OF UNITS
1,000
; UNIT PRICE
$12.00
NO BID
$14.71
1200
$12.00
NOBID
$14,71
-.. \11'11 r :aN
MATERIALS
$12,000.00
NO BID
$14,710.00
$14,400.00
NO BID
$17,652.00
$58,762.00
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B
REQUEST IR CITY COUNCIL AGENDA ITE'
Agenda Date Requested: June 28 1999
Requested By: S. Gillett ~.rlment: Public Works
XX Report _ Resolution _ Ordinance
Exhibits: Bid Tabulation and Bidder's List
SUMMARY & RECOMMENDATION
Sealed bids were received on June 21, 1999 for Liquid Chlorine. Chlorine is used in the Utility Division for
disinfection of potable and treated wastewater. Bids were sent to eight (8) vendors with one (1) returning bids.
The only bid submitted was from DXI Industries, the current supplier, for a total estimated annual cost of
$26,485.00. This is a 5% increase in prior years pricing. Funds are available in the Water Production and
Wastewater Treatment Operating Budgets for this purchase.
Action Required by Council: Approve the bid from DXI Industries for an annual contract for liquid chlorine
in an amount estimated at $26,485.00.
Availability of Funds:
General Fund:XX WaterlWastewater
_ Capital Improvement
Other
Account Number: Various
Funds Available: 1L YES NO
Approved for City Council Aeenda
G\~
Robert T. Herrera Date
City Manager
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BID TABULATION - LIQUID CHLORINE
OXI
DESCRIPTION QTY INDUSTRIES
1) Chlorine - One Ton Cylinders 70 $371.50
TOTAL $26,005.00
2) Chlorine - 150 Ib, Cylinders 6 $80,00
TOTAL $480.00
GRAND TOTAL $26,485.00
There is a 5% difference between low bid and the other bid.
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BIDDER'S LIST
SEALED BID #0773 LIQUID CHLORINE
LESLIE'S SWIMMING POOL SUPPLY
1183 W. NASA RD. 1
WEBSTER, TX 77598
281-338-5054
JONES CHEMICAL, INC.
118111-10 EAST SUITE 222
HOUSTON, TX 77029
713-455-1641
A TTN: HOLLIS MILES
ATTN: RICHARD HICKS
COMMERCIAL CHEMICAL HOUSTON
2918 DUPREE
HOUSTON, TX 77054
713-748-1045
VAN WATTERS & ROGERS
P.O. BOX 4579
HOUSTON, TX 77210
713-644-1601
A TTN: JOHN PALMAROZZI
A TTN: TERRY HILL
SKI'S POOL SERVICE, INC.
11050 JONES RD. WEST, STE, D.
HOUSTON, TX 77065-3613
713-892-5555
DXIINDUSTRIES, INC.
P.O. BOX 24600
HOUSTON, TX 77229-4600
281-457-4848
ATTN: DAN MUSHINSKI
KERRVILLE SCIENTIFIC & CHEMICAL INC.
819 WATER ST. STE, 380
KERRVILLE, TX 78028
1-800-467-8776
A TTN; ANDREW D. PEARCE
PICINC.
P.O. BOX 161577
FORT WORTH, TX 76161
1-800-359-8031
ATTN: DONA
ATTN: KELLY WARD
BA YSHORE SUN PUBLISH DATES:
JUNE 6TH, 1999
JUNE 13TH, 1999
CHAMBER OF COMMERCE
P.O. BOX 996
LA PORTE, TX 77572-0996
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:MEETING HANDOUTS
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FROM THE DESK OF
"
-
JOHN JOERNS
FROM:
SUBJECT:
John Joems, Assista.
Manager
June 28, 1999
TO: Robert T. Herrera, I
Here's information to report to City Council at the meeting tonight.
The contractor removing the underground storage tanks from Public Works has found diesel
in the soil. The contract for removal of the tanks includes quotes for this case. We are not
exactly sure of the extent and/or estimated cost of removal at this time. After initial cleanup,
testing is required in order to answer these questions. Mr. Gillett noted that our construction
contract came in under budget and we do have funds in that account to utilize if necessary.
Public Works will keep us informed.
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CITY OF LA PORTE
e
June 28, 1999
TO:
Mayor and City Council
FROM:
Robert T. Herrera, City Manager
G\T~
July Retreat - Proposed Agenda
SUBJECT:
Please be advised that I am in the process of compiling information for retreat topics resulting
from a written request from Councilmembers Engelken, Sutherland, and Young, as well as a
separate request from Councilmember Griffiths.
For your review, I have attached a draft of the proposed agenda and retreat-related
correspondence,
I believe I have a good feel for most of the requested items, but I am not sure what Council is
expecting for the "Consolidation of Specific Sport Activities at the Same Park." I may need to
discuss this topic further for clarification, possibly in a meeting, or through additional written
correspondence from you, I will be calling you by phone to determine the best approach.
I await your response.
RTH:cjb
Attachments (7)
1. Draft of proposed retreat agenda.
2. Letter from Councilmember Griffiths dated June 1, 1999.
3, Memorandum to Councilmembers Engelken, Sutherland, Young dated May 17, 1999,
4. Memorandum from Councilrnembers Engelken, Sutherland, Young dated May 13, 1999.
5. Memorandum to City Council dated May 5, 1999,
6. Letter from Councilmember Griffiths dated May 4, 1999.
7. Memorandum to City Council dated March 31, 1999.
c John Joems
Jeff Litchfield
~
FRIDAY
JULY 30, 1999
8:30 am
10:30 am
10:45 am
11:30 am
1 : 15 pm
to 5:30 pm
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CITY COUNCIL RETREAT
PROPOSED RETREAT AGENDA
JULY 30-31,1999
DRAFT
Opening Session - (Appropriate Executive Staff members for morning session, only)
(1) Discuss Voter Polling Places and Efforts Towards Simplification
(2) City Marquee as a Communication Tool
(3) Marketing Signage at City Entrance Ways
(4) Review New Positions Proposed in 1999-2000 Budget
Break
Comparison of Pay Rates for Neighboring Cities
Break
Hotel Check in
Lunch
Team Building Exercise - The Waters Consulting Group
2:30 pm Break
6:45 pm
Dinner - Off-Site (Aquarium Restaurant in Kemah)
SATURDAY
JULY 31,1999
8: 15 am
10:00 am
10:15 am
12:00 pm
1 : 15 pm
1:45 pm
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Parks Development and Consolidation Plans Associated with Youth Activities
~ Soccer at Northwest Park
~ Girls Softball at Little Cedar Bayou Park
~ Boys Little League Baseball at Fairmont Park
~ Boys Little League Football at Jr. High Schools
~ Livestock Activities at Lomax Arena
Break
~ Golf at Bay Forest Golf Course
~ Seabreeze Park
~ Tennis (school)
~ Swimming at Regional Pools
~ Projected Use of West Park
Lunch at Hotel
Transportation Issues
~ Canada Street from Spencer to Fairmont Parkway
~ Deceleration Lanes on Fairmont Parkway
General~atters
~ City Hall Expansion and Layout
~ Location and Timing of Fire House #3
~ Police Department
a) Crime Statistics
b) Police Building (Architect)
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SATURDAY
JULY 31, 1999
(Continued)
2:45 pm
Break
3:00 pm
General Matters (continued)
~ Junk Vehicles and Substandard Buildings
~ Heavy Trash Pickup One Day per Week
~ Beautification Efforts - "Plant for La Porte Tree Program"
~ Discuss Garbage Bag Handout at Additional Site.
4:15 to 6:30 pm
Land Development Matters
~ Needed Changes in Land Use (Zoning)
~ Type of Development Desired in TIRZ
~ Schedule for Major Ditch Cleanout by City
~ Schedule for Major Ditch Cleanout by Flood Control
6:30 pm
Adjourn
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June 1, 1999
Dear Bob:
As requested, I am sending you some proposals that I would like to bring to discussion
for the retreat. Some of these actions have come from citizen requests after I mailed 30
letters to a sample of the citizenry. It was very positive and would like to share some of
the results with the City.
. Some form of aggressive agreement with the State and County over Old146 /
Broadway for beautification (already discussed in TIRZ, but to include full street).
. Create bike lanes on Spencer and Fairmont Parkway, similar to those on Bay Area
Blvd.
. Deceleration and acceleration lanes on Fairmont Parkway at different residential
entrances/exits, i.e. Driftwood, Cottonwood, and Willmont.
. A marquee outside City Hall to inform the citizenry of upcoming events, i.e. voting,
meetings, city activities.
. City management actively involved in local environmental groups like the C.A.C.,
Plant Managers Network and such.
. A city project to involve citizens to beautify the city, i.e. "Plant for La Porte, Tree
Program, "
. Quarterly "Town Hall" Meetings, a time when the citizens can~et together, talk,
gripe, come up with solutions or ideas. This way we can bring,in different people who
might have different ideas for the city.
. I would like to know the progress for the Lomax flooding situation.
. City markers (statues or signs) at main entrances.
Some of the what was said:
"Thanks for listening!"
"Stay on top of the environment."
"Need for better nature trails."
"Thanks. "
"Activities for our teens."
". . .need to arouse community spirit."
I really feel that there is a good sense of community and we need to capture that spirit. If
there are things I can do, please advise me. I would hate to lose the enthusiasm from the
citizens.
Doing a great job!
Thanks
Griffiths
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CITY OF LA PORTE
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May 17, 1999
TO:
Chuck Engelken, Councilmember
Guy Sutherland, Councilmember
Charlie Young, Councilmember
FROM:
Robert T. Herrera, City Manager
~T~
July Retreat
SUBJECT:
Thank you for your letter of May 13, 1999, concerning topics for the upcoming retreat in July.
I will use your letter to develop the remainder of the retreat agenda and I will ask staff to
prepare backup material for the items to which we can respond. I hope each of you will take
a leadership role when we address your item of interest.
You will be pleased to note that golf is not included for this retreat. The Mayor wants quality
time with Council because some Councilmembers have their own agenda, at times, and he
believes this practice needs to be eliminated, if the City as an organization is to move forward
in a proactive manner.
In addition to your concerns about growth, we plan to set aside time to receive an update on
the Comprehensive Plan efforts. This document will address population trends throughout the
City, areas where growth most likely may occur, and zoning and recommended land use
changes. The report may not be complete by the time of the retreat, but enough information,
on some of the topics that you have identified, may be available for a conversation.
If you would like a sneak preview of some of the matters of particular interest to you, you
might want to attend some of the Steering Committee meetings, which take place in City Hall
in the evenings every two to three weeks. I believe you are provided with an agenda packet
prior to these meetings. I know you will be welcomed.
RTH:cjb
c City Council
John Joerns
Jeff Litchfield
.
City of La Porte
Established 1892
i? .5. fB-'19
~ 5'a5'~~
May 13, 1999
To:
From:
Re:
Mayor and City :Manager V'"'
Guy Sutherland, Chuck Engleken, & Charlie Young
Retreat
The City has been very effective in keeping its expenses under control but we feel that it is
time to look at the costs associated with growth which will occur if the TIRZ, Bayport Port,
and expanded central shopping center all become reality. The latter, of course, will be the
result of TIRZ development. It is not unrealistic to expect our population to increase at a
rate of 1,000 per year and we want to be proactive in dealing with this.
We note that one half day of the Retreat will be taken up by the program directed by the
Mayor and this makes it important that part of the meeting time not be devoted to golf. If
this is being planned, we suggest that it be scheduled Thursday afternoon before our
conference since the City Picnic will occupy the time following it. We feel very strongly
that adequate time be provided for a detailed discussion of the items on the attached list.
A suggestion was made last year that time be allocated after supper for those who want to
exchange opinions in an informa~ unstnlctured bull session. lbis would let us talk about
"big picture" subjects like business development or ways to improve sel"\tice to our
residents. Some may not want to attend but maximum use of the time available seems like
a good idea.
We want to accelerate key projects as much as possible and some of these items will impact
the budget for the coming year. This makes it doubly important that we be together on the
kind of city we want to have in the future and the best way to get there.
P.(),[)llxllli. L:1Pllr(~.Tt:x"57i572.111;. (713)471-5020
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Agenda items for discussion at the July 30 & 31 Retreat
Administration and Financial
. Comparison of pay rates for an classes with Baytown, Deer Park, & Pasadena
· Needed changes in land use (zoning)
. Additional police officer and EMf needs
BackgrOlmd statistics of crimes committed by classification are .needed
Control of speeders on streets exempted from speed humps
. Master plan for consolidation of specific sport actM.ties at the same park
Soccer at Northwest Park
Girls Softball at Little Cedar Bayou
Boys Little League baseball at Fanmont Park
Boys Little League football at Junior High Schools
Livestock activities at Lomax Arena
Golf at Bay Forest Golf Course
Aquatic actM.ties at Seabreeze Park and Sylvan Beach
Tennis (School)
Swimming at regional pools
Projected use of West Park
. Improve city appearance by removal of junk vehicles and substandard buildings
Heavy trash pickup one day per week instead of two days every 2 or 3 weeks
Capital Improvements - other than the h"braly and Bay Area Boulevard
. Improvement of Canada Street from Spencer to Fairmont
. Initial use of West Park, projected final use, and timetable for development
. Timetable for land acquisition and construction ofF101 ditch extention
. Site of new police station and activities to be done there (jail, training, automation, etc)
. Location and timing of construction for Fire House 3
. Type of development desired in TIF area
. Deceleration lanes on F ainnont Parkway
Personnel
. Discussion with new police chief on his plans for the department and its specific needs
Bilingual training, drug dogs, organization, and duties during disasters
. Organization and training of Planning and Inspection department personnel
Discussion of ways to reduce delays
Rooms for private meetings in revamped city hall
. Schedule for major ditch cleanout by city and drainage district personnel
Drainage improvements by the state along Business 146
. CITY OF LA PORTE e
May 5, 1999
TO:
Mayor and City Council
FROM:
Robert T. Herrera, City Manager
SUBJECT:
Council Retreat
I hope this year's retreat will be as successful as the ones we have had in prior years. In
visiting with Mayor Malone, he suggested we set aside a ~ day session on team building
and on strengthening our communication skills.
I have arranged for the firm of The Waters Consulting Group Inc. to lead us in this
session. Some of you will remember that this firm worked with us in 1987 to develop
techniques, which addressed our communication needs. Part of the session will be devoted
to learning each other's personality profile so we can appreciate each other's behavioral
style.
Also, please forward to me any other subjects you wish to address as a City Council, if at
all possible.. before June 15,1999, so staff can compile any information which may be
needed.
RTH:cjb
c John Joems
Jeff Litchfield
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III II THE WATERS
iii CONSULTING
GROUP, INC.
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April 30, 1999
Mr. Robert Herrera
City Manager
City of LaPorte
P.O, Box 1115
La Porte, Texas 77572-1115
(Sent via fax to 281-471-7168)
Dear Bob:
I appreciate this opportunity to submit a proposed work plan to assist the City of La Porte
by conducting a team building session for the City Council. As you know, our approach
to Council retreats will provide an excellent basis for improving the interpersonal skills
and teamwork of the participants,
As you know, we use the Managing/or Success Report (also known as the DISC Report)
in our Team Building sessions. By using the reports to focus on the individual Council
Member and their unique communication style, we begin to assist in the building of a
personalized approach as to how they perform their particular role on the Council. Each
training session that we conduct is different depending on the individual behavioral styles
that fill the room, but the results are always the same - success in strengthening the
Council's image and increasing teamwork and communication skills.
It is my understanding that this will be a half-day session beginning in the afternoon,
With this in mind, I have prepared a pricing schedule along with an overview of the
session. After reviewing this attached information, please give me a call so that we can
discuss any questions that you may have. Again, I am looking forward to the opportunity
of working with you and your Council.
Best Regards,
n~"
f-/"~~: Waters, CMC
President
ROW/svl
THE WATERS CONSULTING GROUP, INC. PRODUCTIVE MANAGEMENT CONCEPTS
2695 Villa Creek Drive Suite 104 Dallas, Texas 75234-7328 972/481-1950 Fax 972/481-1951 www.watersconsulting.com
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. CITY OF LA PORTE .
March 31, 1999
TO:
Mayor and City Council
FROM:
Robert T. Herrera, City Manager
~~
Annual Council Retreat
SUBJECT:
Please look at your calendars for the month of July. The weekends of July 9 and July 16
look like good retreat dates. This year we would like to use South Shore Harbour
Conference Center for he retreat.
Martha Gillett will be calling you in a couple of days to see if either of these dates will
work, so we may make preliminary arrangements.
The retreat setting will be similar in format as in prior years. This year we will work all
day on Friday with a half-day session on Saturday.
RTH:cjb
c John Joerns
Jeff Litchfield
Executive Staff
.
.
FROM THE DESK OF
-~
-
~
n--
JOHN JOERNS
TO:
FROM:
SUBJECT:
John Joems, Assista
Robert T. Herrera, I
June 28. 1999
Here's information to report to City Council at the meeting tonight.
The contractor removing the underground storage tanks from Public Works has found diesel
in the soil. The contract for removal of the tanks includes quotes for this case. We are not
exactly sure of the extent and/or estimated cost of removal at this time. After initial cleanup.
testing is required in order to answer these questions. Mr. Gillett noted that our construction
contract came in under budget and we do have funds in that account to utilize if necessary.
Public Works will keep us informed.
.'
.
e
Planning
Department
Memo
To: Martha A. Gillett, City Secretary 4r
From: Doug Kneupper, Planning Director
CC:
Date: 06/28/99
Re: Drainage Easement Dedication, June 281h City Council Agenda Item # 7
Please introduce the attached Exhibit "B" for City Council's consideration of the
referenced Drainage Easement Dedication. There are minor discrepancies with
Exhibits B1 through B13. When Exhibits B1 through B13 were initially prepared, their
intended use was for preliminary documents showing property the City was acquiring
for drainage purposes. Now that the City owns the individual tracts, references to
previous property owners and the description of "Additional Acquisition" should be
removed from the exhibits.
The attached exhibit demonstrates the typical Exhibit "B". Each of the exhibits B1
through B13 are being correded.
. Page 1
.' NORTH "p" ST.
I 317A 317 318
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19
FI0I-00-00-02-921.0
EXHIBIT "Bra
Prepared by City of La Porte
Engineering Division
Dole: 12/97
role No,: 86-4]02
l,;,;u""". J"1 JUu.&-)"...-V.... "V~U ........._, - U__ -----J -~:~~..? ::?'
~rain has n~t develope~,to'thel>oint where he'can concept 'ze such,an ; Sadl~r's plan was} well.-kept secret. $3,Uoo pay hikes tor teaCl1ers, llurs-
. d' . t' , . '; .",. ..: " '. .,' ,', ' '.;':" ','.; A secret, that IS, unul about two es, counselors and librarians, Mike'
I ttltu e or ac . " " d' th 1 'I ' I Id th . h
. .... . . weeks rema10e '10 e egis ahve was a so to at slDce testate
It is very easy for adults to believe children possess abilities and L would be raising the appraised value
apacities which in.reality have not yet developed. Sometimes w~ set our etter bar from $280,000 to $295,000, dis-
oo-high expectations on our children as a way or'compensating for s,ome To The Editor tricts like La Porte and Deer Park
leficiency we personally feel; more frequently, perhaps, it is only a case Dear Editor: would see some s~vings in terms of
If being ignorant of the realities of a child's developmental process. Any', the massive amounts of money they
lrganized and consistent information one finds on this subject has to be' A veryG fineMrJob wBas dOGn~bbY Mrsd. have to payout to satisfy the state's
I!.' . fl f l"l' d d . hi' ub' h' Mary ay, s. etty I son an . Robin Hood school finance plan. .
Ie resUlt 0 ots 0 euort an stu y, S1Dce t s IS not as Ject taug t 1D everyone that worked hard on The bill that was passed at the last
nost high schools or undergraduate studies in a University. Yet this is vital putting on this year's Juneteenth minute appeared to have something
nformation every parents needs to know. celebration. . for everyone --' a real. "win, win"
It is for that reason we will e~amine the process of cognitive I would also like to commend The proposition. The cap was raised in
\evelopment of infants and childr:en ,over the next seven weeks, and I will Ba?,s~ore Sun on ~n ~xcellent job ~f
.. . . "':'" '.. " ,.,... ." .. pOllltiUI!: out the slgwficanct< of tJl!s. ".
lurniah those of-you who wo!4Jd.like'~Q,w'more'About.this~to..RIC;W1th'a.t,.:: .' . '2"~.'L<'" 'flciH' -r-.,"....-'.V,~'::< c.'" ., ,7 " . "
j~i'(]~:~~;s~a.;i~~ffii8:~fi!i~~~~~f,~ti~ii'o";'(;;~.~.BF.~Tr:',~!'r:~?-'jh~.'". ~~~ :::~~dd~~~e:;::~:iu~t~~~ ,
Three mdlvlduals made contributions so major that even today cal perspective but all associated
hey remain milestones: Jean Piagel, Erik Erikson, and Margaret Mahler. activities were provided for the
>iaget identified four stages through which all children go in the quest to reader's convenience. '
mderstand the worl~. Erikson emphasized'eight stage~ of development, I did hear of an interesting com-
r b. th d h ' b '11 nl' .' h hi' h' ' 'd' ment, however. It seems that a
r~m,~ .to ea~. ~ u~'~e WI. 0, y ex.a~me't ,.os~ ~ .~, ,occ~ upng woman was heard to say, "How
~hild~ood. Ma~e"~sta~lished the p~ases of psychol~gI.c~I de,v,e~oJJm~n~ would you feel if we made a holi-
.vhich occur during the child.'s formative period, roughly th~ first thre~ 'day just for us?" Well, if I had been
md a-half years, and named the process Separation-Individuation. ,,;'; .' there when the comment was made
'. " ':' Each ~f these res~archers was accorded a position of eminenc~ by . 1" wo~ld have pointed O?t th~t in no
heir'peers, and each left an indelible imprint on the work of others who - way IS Juneteenth a holi~ay Just, f~r
, .. .., blacks. I would have said that It IS
vould follow theIr lea~. Plaget focused on all of childhood, Erikson ,on the a ,celebration of the end of an era; ,
mtire life-span, while Mahler spent thirty years observing the first three- ,An era of subhuman treatment,
o-four years of a child's life. The subject for each of them was essentially bondage and degradation for blacks
he same, and when each came to express' their conclusions in strongly and for whites. It is an end of the
ndividualized fashion, it was complete with new vocabulary to describe sh~e ~nd disgr~ce assoc~ated with
I '. fi d' A 11 h' b h . f'd bl diffi ul man s mhumamty to his fellow
Ie,r 10 lOgS. ctua y, t IS can e t e source 0 cons I era . e IC ty
n one's feeling comfor,table with one's, own unguided understan'ding of m~\elieve . I would have further
;uch studies, and 'that is another reason I will organize and.present you pointed out that with the world in
vith a comparison and contrast of their three methods, observations, and the state it is in today, as witnessed
:onclusions. by the Colombine High School
There abounds a plethora of child rearing i~ormation: tragedy, the e~hnic cleansing in
.. b k ~. l' 1 . 1 d h Kosovo, the cnme on our streets,
nagazmes? 00 s, proJesslona Journa artlc es, newspapers, an t e and so 'on, I would say that this
Iccasional television program. Indeed, this overabundance of unorganized Juneteenth celebration is certainly a
nformation can overwhelm parents who set out to discover how to become cause to come together. It is some-
letter ~t their mo~t important task. Certainly the most frequent complaint thing to be cheerful' about. It is a
. hear from the families with whom I work'is ."1 don't know what to reason to celebrate, just like St.
lelieve!" We will, over the weeks ahead, take'a'close look at tl~e results ~,~~C~'S .DDay or thCelWurb, stfeDst or'
f h.'hl' ifi h'd h' 1" d v<uenhne s ayor 0 urn us ay...
I so.me, Ig y-Slgn lCant. ~esearc , consl er t e unp IC~tiOnS, an So next year when the time comes
:xamme the pros and cons, With the fervent hope that you will feel more again, let's all find reason to take
:onfident about your ability to understand a lot of seemingly.conflicting time out to celebrate, because this' THE BAYSHORE SUN
naterials. By organizing it into a systematic presentation for you, I think holiday is not just for us, it's about
'ou will find it easy to understand-and use. all of us. Published semi-weekly at
Questions/comments? ExemplaryParenting@juno.com'or281-842-1606) Howard Ebow 1200 Highway 146, South,
;~~k;~~:'~~d -~;ct~~~~rricular activities;
. such as debt service and'facilities'. '
1997-98 Budgeted Expenditures
(per education dollar)
District
Administration
, , ,
SOURCES: Texas Comptroller 01 Public Accounl
and Texas Education A!lBnCy, ' i
CROSS\VORD ;
ACROSS 39 Convince',
1 Blasphe- 41 Slander '
mous 43 Seance -- .
4 Brat's sounds,
stocking 44 Seek.
stuffer? restitution
8 Gloomy 46 Take it ,.
12 E~T:s' easy ,
craft 50 Never say
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show- 55"- ,.
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15 Obtain e.g. ,
16 Winesap: 57"1 wish-,
apple :: . I wish..."
Hachiya: 58 Shape'
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18 Sacchar- 59 Trans-, ,
ine action
20 La-Ia 60 Totes
lead-in 61 Two cents
21 Sylvester's worth'
impedi- '
ment DOWN
24 Has more 1 Elmer's
than a foe
hunch 2 Some
28 None of Solution tin
. your
business . C AMP
32 Rain- UTA H I ~
.,t"..... PAL EST