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Home My WebLink About2000-02-28 Regular Meeting e e MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL FEBRUARY 28, 2000 1. CALL TO ORDER The meeting was called to order by Mayor Norman Malone at 6:00 p.m. Members of City Council Present: Councilpersons Guy Sutherland, Chuck Engelken, Howard Ebow, Peter Griffiths, Deotis Gay, Charlie Young, Jerry Clarke, and Mayor Norman Malone. Members of Council Absent: Alton Porter Members of City Executive Staff and City Employees Present: City Manager Robert T. Herrera, Assistant City Attorney John Armstrong, Assistant City Manager John Joerns, Assistant City Manager Jeff Litchfield, City Secretary Martha Gillett, Director of Planning Doug Kneupper, Police Chief Richard Reff, Assistant Finance Director Cynthia Alexander, City Manager's Administrative Assistant Carol Buttler, Fire Chief Joe Sease, Utility Office Manager Sydney Upchurch, Tax Manager Kathy Powell, Park Maintenance Supervisor Bert Clark, Fire Suppression Supervisor Champ Dunham, Receptionist/Deputy Clerk Rose Hall, and Receptionist/Deputy Clerk Charlotte Boudreaux. Others Present: James Alexander, Paul Martin, Bill Scott, Theresa and Bill Frashier, Charles Miller, Mr. and Mrs. Bill White, Mr. and Mrs. Sammy Jacobs, Dr. Sawyer, Sib Carpenter, Spero Pomonis, Mr. and Mrs. Bobby Powell, Darla Wheeler, and a number of citizens. 2. Reverend Sonny Boyer delivered the Invocation. 3. Council considered approving the minutes of the Special Called Regular Meeting and Workshop Meeting on February 21,2000. Motion was made by Councilperson Engelken to approve the minutes of the Special Called Regular Meeting and Workshop Meeting as presented. Second by Councilperson Griffiths. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Gay, Young, Clarke, and Mayor Malone Nays: None Abstain: None 4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAXPAYERS WISHING TO ADDRESS COUNCIL. PETITIONS - A. Sib Carpenter - Glen Meadows Subdivision - Addressed City Council about drainage concerns near her home. She distributed a letter to City Council. e e City Council Minutes - February 28, 2000 - Page 2 B. David Kelley - Not present CITIZENS - 1. Bill Scott - 1802 Lomax - Addressed City Council on comments from last meeting regarding the extension of Farrington Blvd. 2. Bill Frashier - 5126 Archway Road - Addressed Council concerning City Park in Glen Meadows. Improvements are paid through the HomeOwners Association yet citizens that live outside the subdivision use the park. They would like more participation from the city. 5. PROCLAMA nONS A. Mayor Malone presented a proclamation to LPISD Superintendent Dr. Sawyer for Texas Public Schools Week. B. Mayor Malone presented a proclamation to LPISD Superintendent Dr. Sawyer for Education Foundation Celebration Day. C. Mayor Malone presented a proclamation to Mr. Bill White in recognition of his community involvement for the City of La Porte. D. Mayor Malone presented a proclamation to retiring Police Sergeant Sammy Jacobs in recognition for his years of service to the City of La Porte. 6. Council considered approving a resolution authorizing publication of notice of intention to issue certificates of obligation. Assistant City Manager Jeff Litchfield presented summary and recommendation. Assistant City Attorney read: RESOLUTION 2000-07 - A RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION. Motion was made by Councilperson Engelken to approve resolution 2000-07 as presented by Mr. Litchfield. Second by Councilperson Ebow. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Gay, Young, Clarke and Mayor Malone. Nays: None Abstain: None 7. Council considered approving an ordinance approving an agreement of lease between the City of La Porte and the La Porte-Bay Area Heritage Society, for a twenty-year term commencing on May 1,2000. City Manager Robert T. Herrera presented summary and recommendation. e e City Council Minutes - February 28, 2000 - Page 3 Assistant City Attorney read: ORDINANCE 2000-2385 - AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT OF LEASE BETWEEN THE CITY OF LA PORTE AND LA PORTE-BAY AREA HERITAGE SOCIETY, FOR A TWENTY YEAR TERM COMMENCING MAY 1, 2000; 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 Engelken to approve ordinance 2000-2385 as presented bv Mr. Herrera. Second by Councilperson Clarke. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Gay , Young, Clarke, and Mayor Malone. Nays: None Abstain: None 8. Council considered approving an ordinance authorizing a contract with the City of La Porte and Derk Harmsen Construction Co., Inc. for construction of Bay Forest Golf Course Chemical Storage Building appropriating $17, 850 to fund said contract. Director of Planning Doug Kneupper presented summary and recommendation. Assistant City Attorney read: ORDINANCE 2000-2387 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT WITH THE CITY OF LA PORTE AND DERK HARMSEN CONSTRUCTION CO., INC. FOR CONSTRUCTION OF BAY FOREST GOLF COURSE CHEMICAL STORAGE BUILDING APPROPRIATING $17, 850 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 by Councilperson Ebow to approve ordinance 2000-2387 as presented by Mr. Kneupper. Second by Councilperson Young. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Gay, Young, Clarke, and Mayor Malone. Nays: None Abstain: None 9. Council received a report regarding HGAC Grant for Erosion Control Project at Little Cedar Bayou Park. Park Maintenance Superintendent Bert Clark provided a report on HGAC Grant for Erosion Control Project for Little Cedar Bayou. Council directed staff to move forward with this project. Council proceeded to Administrative Reports and Council Action prior to Executive Session. e e City Council Minutes - February 28, 2000 - Page 4 10. 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 (Consultation with City Attorney) Meet with Attorney and City Manager regarding pending litigation. Council retired into Executive Session at 7:14 PM under Section 551.071 (Consultation with City Attorney) Council Adjourned Executive Session at 7:52 PM. Council returned to the table at 7:54 PM, with no action taken. 11. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION No action taken. 12. ADMINISTRATIVE REPORTS City Manager Robert T. Herrera reminded Council of the following events: A. Plant Managers Breakfast, March 2, 2000 - Las Hadas Restaurant, 7: 1 5 AM. B. Volunteer Fire Department Annual Awards Banquet, March 23, 2000. C. Introduction of Cynthia Alexander as the new Finance Officer. 13. COUNCIL ACTION Councilpersons Clarke, Young, Gay, Griffiths, Ebow, Engelken, and Sutherland brought items to Council's attention. 14. ADJOURNMENT There being no further business to come before Council, the Regular Meeting was duly adjourned at 7:55 PM. e e City Council Minutes - February 28, 2000 - Page 5 Respectfully submitted, '1!J.~dJJ&M City Secretary Passe and approved on this 27 day of March 2000. WJ;,h~/V-- orman L. Malone, Mayor e e REtEST FOR CITY COUNCIL AGENDA 1M AGENDA DATE 2/28/2000 REQUESTED BY Jeff Litchfield, Finance Director/ACM _ REPORT; XX RESOLUTION; _ ORDINANCE; Attachment - Long Range Plan for the General Debt Service Fund On March 27, 2000, the City of La Porte plans to accept bids for the issuance of General Obligation Bonds as well as Certificates of Obligation, The General Obligation Bonds that will be issued total $3,250,000 and represents projects that were approved by the voters in the January 16, 1999 election. The projects for which bonds are being sold are: City Hall Expansion Replace Fire Station 3 Replace Fire Station 4 Replace San Jacinto Swimming Pool Total $ 1,500,000 750,000 750,000 250,000 $ 3,250,000 In addition to these bonds, the City will also issue $3,000,000 of Certificates of Obligation. The proceeds of this issue will go towards the construction of the new Library. This debt will be repaid using the proceeds of the Section 4B 'Y2 cent Sales Tax. The City's bond counsel, Paul Martin, has prepared the attached resolution, which Authorizes Publication of Notice of Intention to issue Certificates of Obligation. Even though we plan to repay the debt with sales tax proceeds, Mr. Martin suggests we "back" the bonds with ad valorem and park and recreation system revenues. This leaves the sales taxes unencumbered and allows us to enter into a separate agreement with the Section 4B Development Corporation In the City's 1999-2000 Budget, the Long Range Plan for the General Debt Service Fund projected the issuance of $3,250,000 in General Obligation Bonds and $6,500,000 in Certificates. At this time, we only desire to issue $3,000,000 in Certificates of Obligations because it is still too early to issue debt for Bay Area Boulevard. ACTION REQUIRED BY COUNCIL: Approve or disapprove Resolution Authorize Publication of Notice of Intention to Issue Certificates of Obligation. FUND N/A ACCT NUM: FUNDS AVAILABLE: APPROVED FOR CITY COUNCIL AGENDA G~ T. ~ ROBERT T. HERRERA, CITY MANAGER ~-a'3-aO(p DATE e e Resolution 2000-07 RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION WHEREAS, the City Council (the "City Council") of the City of. La Porte, Texas (the "City"), finds that construction and equipment of a public library within the City and the payment of contractual obligations for professional services in connection therewith (to wit: architectural, engineering, financial advisory, and legal) would be beneficial to the inhabitants of the City and such property is needed to perform essential governmental functions, and the City Council has determined that certificates of obligation (the "Certificates of Obligation") should be issued pursuant to the applicable laws of the State of Texas, including Chapter 271, Texas Local Government Code, for such purposes; WHEREAS, prior to the issuance of the Certificates of Obligation, the City Council is required to publish notice of its intention to issue the Certificates of Obligation in a newspaper of general circulation in the City, the notice stating (i) the time and place the City Council tentatively proposes to pass the ordinance authorizing the issuance of the Certificates of Obligation, (ii) the maximum amount of Certificates of Obligation proposed to be issued, (iii) the purposes for which the Certificates of Obligation are to be issued, and (iv) the manner in which the City Council proposes to pay the Certificates of Obligation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, THAT: SECTION 1. Attached hereto and marked "Exhibit A" is a form of notice, the form and substance of which are hereby adopted and approved. SECTION 2. The Mayor or the City Secretary shall cause the notice to be published, in substantially the form attached hereto, in a newspaper, as defined in Section 2051.044, Texas Government Code, of general circulation in the City for two consecutive weeks, the date of first publication to be at least 14 days prior to the date tentatively set for the ordinance authorizing the issuance of the Certificates of Obligation. SECTION 3. The Mayor and the City Secretary are hereby authorized and directed to execute the Certificate to which this Resolution is attached on behalf of the City Council and to do any or all things proper and necessary to carry out the intent thereof. 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 was posted at a place convenient to the public at the offices of City of La Porte for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. e e PASSED AND APPROVED this the 28th day of February 2000. ATTEST: City of La Porte, Texas Long Range Plan for the General Debt Service Fund Projected 2004-05 Projected 2003-04 Projected 2002-03 Projected 2001-02 Projected 2000-01 Projected 1999-00 Estimated 1998-99 Projected 2007-08 Projected 2006-07 Projected 2005-06 ,706,203 133,288 711,014 714,210 807,072 132,020 ,089,080 ,089,114 ,867,787 35,000 ,076,829 ,813,385 35,000 959,678 ,742,734 33,200 150,000 Beginning Working Capital Plus Revenues: Property Taxes - Current Property Taxes - Delinquent Transfer from Golf Fund Transfer from Section 4B e 2,297,142 35,000 2,230,235 35,000 2,165,277 35,000 2,102,211 35,000 2,040,982 35,000 ,981,536 35,000 ,923,821 35,000 - 999,038 260,489 110,903 3,702,572 - ,027,825 254,135 73,664 3,620,859 - ,056,038 247,937 46,216 3,550,468 - ,083,675 241,890 46,424 3,509,200 - ,110,738 235,990 52,460 3,475,170 - 137,225 230,234 73,581 3,457,576 - 163,138 224,619 70,790 3,417,368 - 799,350 194,750 70,792 2,967,679 - 173,875 190,000 69,994 2,282,254 - 191,500 69,289 2,186,723 Industrial Payments Interest Income Total Revenues 262,547 93,750 280,407 99,938 - 186,562 186,562 - 193,594 193,594 - 201,406 201,406 - 928,077 209,219 ,137,296 - 137,513 217,031 ,354,544 - 77,625 - ,215,305 224,844 ,517,774 232,312 82,875 - 134,297 232,656 ,682,140 246,937 88,125 - ,271,007 240,469 ,846,538 464,175 939,778 248,281 2,008,531 791,290 738,953 158,984 2,069,572 Less Outstanding Issues: 1989 GO Bonds 1990 GO Bonds 1991 GO Refunding Bonds 1994 GO Refunding Bonds 1998 GO Bonds Total Outstanding 271,950 557,538 279,525 573,950 453,875 286,950 590,038 466,000 764,600 294,225 605,800 477,875 783,200 214,000 2,375,100 301,350 621,238 308,325 636,350 500,875 819,200 50 138 512,000 214,000 315, 65 321,825 665,600 33,750 87,563 173,875 Issues Issue in 2000 Potential $6.5 ST Issue in 2000 Potential $5 ST Issue in 2001 Potential $8 GO Issue in 2002 Potential $8 Issue in 2005 Total Poten Issues Less Potential Issues: Potential $3.25 GO e 441,500 726,200 489,500 801,400 745,600 801,400 2,854,350 GO 783,200 2,780,388 819,200 2,926,788 - 2,213,488 - 2,264,750 - ,692,288 - 121.175 - 261,438 2,966,950 3,047,944 3,128,194 3,512,396 3,568,032 3,782,524 3,374,428 2,967,713 2,269,969 2,069,572 Total Outstanding & Potential Issues 2,441,825 ,706,203 133,288 711,014 714,210 807,072 132,020 ,089,080 ,089,114 ,076,829 Ending Working Capital 0.14 300 0.14 204 0.14 132 0.14 74 0.14 73 0.14 78 0.14 122 0.14 134 0.14 75 0.14 190 Estimated Tax Rate Days of Working Capital e e EXHIBIT A NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION NOTICE is hereby given that it is the intention of the City Council (the "City Council") of the City of La Porte, Texas (the "City") to adopt an Ordinance providing for the issuance of interest-bearing obligations of the City presently contemplated to be designated and known as the "CITY OF LA PORTE, TEXAS CERTIFICATES OF OBLIGATION, SERIES 2000" (the "Certificates of Obligation") for the purpose of providing financing for construction and equipment of a public library within the City and of the payment of contractual obligations for professional services in connection therewith (to wit: architectural, engineering, financial advisory, and legal). The City Council tentatively proposes to authorize the issuance of the Certificates of Obligation at its regular meeting place in the City Hall, La Porte, Texas, at a meeting of the City Council to be commenced at 6:00 p.m., on the 27th day of March, 2000, in an amount expected not to exceed $3,000,000. The City Council proposes to provide for payment of the Certificates of Obligation from a pledge of an annual ad valorem tax and not to exceed $1,000 of the revenues of the City's park and recreation system. Isl Nonnan Malone Mayor, City of La Porte, Texas e e (please attach newspaper clippings here.) AFFIDA VIT OF PUBLICATION THE STATE OF TEXAS ~ COUNTY OF HARRIS ~ BEFORE ME, the undersigned authority, on this day, personally appeared , an authorized officer or employee of the BA YSHORE SUN (the "Newspaper"), who being by me duly sworn, upon oath, deposes and says: The attached clippings of a NOTICE OF INTENTION TO ISSUE CERTIFICA TES OF OBLIGA TION' were published in the Newspaper on , 2000 and . 2000, and the attached newspaper clippings are true and correct copies of said published notice. The Newspaper meets the qualifications set out in Section 2051.044, Texas Government Code, as follows: I. The Newspaper devotes not less than 25% of its total column lineage to general interest items; 2. Is published at least once a week; 3. Is entered as second-class postal matter in Harris County where published; and 4. Has been published regularly and continuously for at least 12 months before March I, 2000. By: A uthorized Officer or Employee 2000. SWORN TO AND SUBSCRIBED BEFORE ME, this day of Notary Public State of Texas (NOTARY SEAL) e e AKIN, GUMP. STRAUSS, HAUER & FELD, L.L.P. ATTORNEYS AT LAW AUSTI N BRUSSELS DALLAS HOUSTON LONDON LOS ANGELES MOSCOW NEW YORK PHILADELPHIA WASHINGTON, D.C. A REGISTERED LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS 300 CONVENT STREET SUITE 1500 SAN ANTON 10, TEXAS 78205 (210) 281-7000 FAX (210) 224-2035 Direct Dial: (210) 281-7004 February 23, 2000 Mr. Jeff Litchfield City of La Porte 604 West Fairmont La Porte, TX 77571 Re: City of La Porte, Texas Certificates of Obligation, Series 2000 Dear Jeff: Enclosed are the following documents: . 1. Six copies of the Certificate for Resolution. Please fill in the information on one copy, and we will complete the others here. 2. Three copies of an Affidavit of Publication. Please be sure the newspaper uses this form as it contains information required by the Attorney General's office. Paul will be there for the meeting on Monday. Please call if you have any questions. Very truly yours, ~~J Doris M. Alderman Assistant to M. Paul Martin Enclosures CERTIFICATE FOR RESOLUTION I~ - ~Pi ,. l o ( t V1 d.l^ ::> ~~V\1- ~ (J . A \J. of ~ ~ \,.tf1v e We, the undersigned Mayor and City Secretary of the City of La Porte, Texas (the "City"), hereby certify as follows: 1. The City Council of the City (the "Council") convened in regular session, open to the public, on February 28, 2000, at the meeting place designated in the notice (the "Meeting"), and the roll was called of the members, to wit: Norman Malone, Mayor, and the following City Councilmembers: Chuck Engelken, Alton Porter, Guy Sutherland, Edward Clarke, How~d Ebow, Charlie YounB, Deotis Gay, and Peter Griffiths.. All members of the Council were present, except ----hJdntJ (Jol-l-e( . constituting a quorum. Whereupon among other business, the following was transacted at the Meeting: a written resolution entitled RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION (the "Resolution") was duly introduced for the consideration of the Council and read in full. It was then duly moved and seconded that the Resolution be fmally passed and adopted; and after due discussion, such motion, carrying with it the adoption of the ResQlution prevailed and carried by the following vote: YES: <6 NOES: ABSTENTIONS:_. 2. A true, full, and correct copy of the Resolution adopted at the Meeting is attached to and follows this Certificate; the Resolution has been duly recorded in the Council's minutes of the Meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the Council's minutes of the Meeting pertaining to the adoption of the Resolution; the persons named in the above and foregoing paragraph are duly chosen, qualified, and acting officers and members of the Council as indicated therein; each of the officers and members of the Council was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the Meeting, and that the Resolution would be introduced and considered for adoption at the Meeting and each of such officers and members consented, in advance, to the holding of the Meeting for such purpose; and the Meeting was open to the public, and public notice of the time, place, and purpose of the Meeting was given, all as required by- Chapter 551, Texas Government Code, as amended. 3. Martha Gillett is the duly appointed and acting City Secretary of the City. SIGNED AND SEALED TInS ~Uj~OvJldUl) City Secretary City of La Porte, Texas ~A City of La Porte, Texas (CITY SEAL) e tit CERTIFICATE FOR RESOLUTION We, the undersigned Mayor and City Secretary of the City of La Porte, Texas (the "City"), hereby certify as follows: 1. The City Council of the City (the "Council") convened in regular session, open to the public, on February 28, 2000, at the meeting place designated in the notice (the "Meeting"), and the roll was called of the members, to wit: Norman Malone, Mayor, and the following City Councilmembers: Chuck Engelken, Alton Porter, Guy Sutherland, Edward Clarke, Howard Ebow, Charlie Young, Deotis Gay, and Peter Griffiths. All members of the Council were present, except A I'+ON 'Pof+er , constituting a quorum. Whereupon among other business, the following was transacted at the Meeting: a written resolution entitled RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION (the "Resolution") was duly introduced for the consideration of the Council and read in full. It was then duly moved and seconded that the Resolution be finally passed and adopted; and after due discussion, such motion, carrying with it the adoption of the Resolution prevailed and carried by the following vote: YES:l NOES:-'L ABSTENTIONS:~. 2. A true, full, and correct copy of the Resolution adopted at the Meeting is attached to and follows this Certificate; the Resolution has been duly recorded in the Council's minutes of the Meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the Council's minutes of the Meeting pertaining to the adoption of the Resolution; the persons named in the above and foregoing paragraph are duly chosen, qualified, and acting officers and members of the Council as indicated therein; each of the officers and members of the Council was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the Meeting, and that the Resolution would be introduced and considered for adoption at the Meeting and each of such officers and members consented, in advance, to the holding of the Meeting for such purpose; and the Meeting was open to the public, and public notice of the time, place, and purpose of the Meeting was given, all as required by Chapter 551, Texas Government Code, as amended. 3. Martha Gillett is the duly appointed and acting City Secretary of the City. SIGNED AND SEALED THIS February 28, 2000. ~IL d. c{<t~ Ci Secretary City of La Porte, Texas J:b~~~ City of La Porte, Texas (CITY SEAL) e e CERTIFICATE FOR RESOLUTION We, the undersigned Mayor and City Secretary of the City of La Porte, Texas (the "City"), hereby certify as follows: 1. The City Council of the City (the "Council") convened in regular session, open to the public, on February 28, 2000, at the meeting place designated in the notice (the "Meeting"), and the roll was called of the members, to wit: Nonnan Malone, Mayor, and the following City Councilmembers: Chuck Engelken, Alton Porter, Guy Sutherland, Edward Clarke, Howard Ebow, Charlie Young, Deotis Gay, and Peter Griffiths. All members of the Council were present, except , constituting a quorum, Whereupon among other business, the following was transacted at the Meeting: a written resolution entitled RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION (the "Resolution") was duly introduced for the consideration of the Council and read in full. It was then duly moved and seconded that the Resolution be finally passed and adopted; and after due discussion, such motion, carrying with it the adoption of the Resolution prevailed and carried by the following vote: YES:_ NOES: ABSTENTIONS:_, 2. A true, full, and correct copy of the Resolution adopted at the Meeting is attached to and follows this Certificate; the Resolution has been duly recorded in the Council's minutes of the Meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the Council's minutes of the Meeting pertaining to the adoption of the Resolution; the persons named in the above and foregoing paragraph are duly chosen, qualified, and acting officers and members of the Council as indicated therein; each of the officers and members of the Council was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the Meeting, and that the Resolution would be introduced and considered for adoption at the Meeting and each of such officers and members consented, in advance, to the holding of the Meeting for such purpose; and the Meeting was open to the public, and public notice of the time, place, and purpose of the Meeting was given, all as required by Chapter 551, Texas Government Code, as amended. 3. Martha Gillett is the duly appointed and acting City Secretary of the City. SIGNED AND SEALED TInS February 28, 2000. ~Ov a. .J4~JluJ. City ecretary City of La Porte, Texas ff ~~7fr&L I~ City of La Porte, Texas (CITY SEAL) e e CERTIFICATE FOR RESOLUTION We, the undersigned Mayor and City Secretary of the City of La Porte, Texas (the "City"), hereby certify as follows: 1. The City Council of the City (the "Council") convened in regular session, open to the public, on February 28, 2000, at the meeting place designated in the notice (the "Meeting"), and the roll was called of the members, to wit: Nonnan Malone, Mayor, and the following City Councilmembers: Chuck Engelken, Alton Porter, Guy Sutherland, Edward Clarke, Howard Ebow, Charlie Young, Deotis Gay, and Peter Griffiths. All members of the Council were present, except , constituting a quorum. Whereupon among other business, the following was transacted at the Meeting: a written resolution entitled RESOLUTION AUTHORlZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION (the "Resolution") was duly introduced for the consideration of the Council and read in full. It was then duly moved and seconded that the Resolution be finally passed and adopted; and after due discussion, such motion, carrying with it the adoption of the Resolution prevailed and carried by the following vote: YES: NOES: ABSTENTIONS: . 2. A true, full, and correct copy of the Resolution adopted at the Meeting is attached to and follows this Certificate; the Resolution has been duly recorded in the Council's minutes of the Meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the Council's minutes of the Meeting pertaining to the adoption of the Resolution; the persons named in the above and foregoing paragraph are duly chosen, qualified, and acting officers and members of the Council as indicated therein; each of the officers and members of the Council was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the Meeting, and that the Resolution would be introduced and considered for adoption at the Meeting and each of such officers and members consented, in advance, to the holding of the Meeting for such purpose; and the Meeting was open to the public, and public notice of the time, place, and purpose of the Meeting was given, all as required by Chapter SS I, Texas Government Code, as amended. 3. Martha Gillett is the duly appointed and acting City Secretary of the City. SIGNED AND SEALED THIS February 28, 2000. Ity ecretary City of La Porte, Texas ~///!~ Ma or - City of La Porte, Texas (CITY SEAL) e . CERTIFICATE FOR RESOLUTION We, the undersigned Mayor and City Secretary of the City of La Porte, Texas (the "City"), hereby certify as follows: 1. The City Council of the City (the "Council") convened in regular session, open to the public, on February 28, 2000, at the meeting place designated in the notice (the "Meeting"), and the roll was called of the members, to wit: Norman Malone, Mayor, and the following City Councilmembers: Chuck Engelken, Alton Porter, Guy Sutherland, Edward Clarke, Howard Ebow, Charlie Young, Deotis Gay, and Peter Griffiths. All members of the Council were present, except , constituting a quorum. Whereupon among other business, the following was transacted at the Meeting: a written resolution entitled RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION (the "Resolution") was duly introduced for the consideration of the Council and read in full. It was then duly moved and seconded that the Resolution be finally passed and adopted; and after due discussion, such motion, carrying with it the adoption of the Resolution prevailed and carried by the following vote: YES: NOES:_ ABSTENTIONS:_, 2. A true, full, and correct copy of the Resolution adopted at the Meeting is attached to and follows this Certificate; the Resolution has been duly recorded in the Council's minutes of the Meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the Council's minutes of the Meeting pertaining to the adoption of the Resolution; the persons named in the above and foregoing paragraph are duly chosen, qualified, and acting officers and members of the Council as indicated therein; each of the officers and members of the Council was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the Meeting, and that the Resolution would be introduced and considered for adoption at the Meeting and each of such officers and members consented, in advance, to the holding ofthe Meeting for such purpose; and the Meeting was open to the public, and public notice of the time, place, and purpose of the Meeting was given, all as required by Chapter 551, Texas Government Code, as amended. 3. Martha Gillett is the duly appointed and acting City Secretary of the City. SIGNED AND SEALED TillS February 28, 2000. ~AJ4^ n. .)1;.linL ~ City of La Porte, Texas 6~? M or City of La Porte, Texas (CITY SEAL) e . CERTIFICATE FOR RESOLUTION We, the undersigned Mayor and City Secretary of the City of La Porte, Texas (the "City"), hereby certify as follows: 1. The City Council of the City (the "Council") convened in regular session, open to the public, on February 28, 2000, at the meeting place designated in the notice (the "Meeting"), and the roll was called of the members, to wit: Nonnan Malone, Mayor, and the following City Councilmembers: Chuck Engelken, Alton Porter, Guy Sutherland, Edward Clarke, Howard Ebow, Charlie Young, Deotis Gay, and Peter Griffiths. All members of the Council were present, except , constituting a quorum. Whereupon among other business, the following was transacted at the Meeting: a written resolution entitled RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION (the "Resolution") was duly introduced for the consideration of the Council and read in full. It was then duly moved and seconded that the Resolution be finally passed and adopted; and after due discussion, such motion, carrying with it the adoption of the Resolution prevailed and carried by the following vote: YES: NOES: ABSTENTIONS: . 2. A true, full, and correct copy of the Resolution adopted at the Meeting is attached to and follows this Certificate; the Resolution has been duly recorded in the Council's minutes of the Meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the Council's minutes of the Meeting pertaining to the adoption of the Resolution; the persons named in the above and foregoing paragraph are duly chosen, qualified, and acting officers and members of the Council as indicated therein; each of the officers and members of the Council was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the Meeting, and that the Resolution would be introduced and considered for adoption at the Meeting and each of such officers and members consented, in advance, to the holding of the Meeting for such purpose; and the Meeting was open to the public, and public notice of the time, place, and purpose of the Meeting was given, all as required by Chapter 55], Texas Government Code, as amended. 3. Martha Gillett is the duly appointed and acting City Secretary of the City. SIGNED AND SEALED TInS February 28, 2000. ~o.. a ;4.>>h1Jv Ci Secretary City of La Porte, Texas #~~~f-~ ~ City of La Porte, Texas (CITY SEAL) e - CERTIFICATE FOR RESOLUTION We, the undersigned Mayor and City Secretary of the City of La Porte, Texas (the "City"), hereby certify as follows: 1. The City Council of the City (the "Council") convened in regular session, open to the public, on February 28, 2000, at the meeting place designated in the notice (the "Meeting"), and the roll was called of the members, to wit: Norman Malone, Mayor, and the following City Council members: Chuck Engelken, Alton Porter, Guy Sutherland, Edward Clarke, Howard Ebow, Charlie Young, Deotis Gay, and Peter Griffiths. All members of the Council were present, except , constituting a quorum. Whereupon among other business, the following was transacted at the Meeting: a written resolution entitled RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION (the "Resolution") was duly introduced for the consideration of the Council and read in full. It was then duly moved and seconded that the Resolution be finally passed and adopted; and after due discussion, such motion, carrying with it the adoption of the Resolution prevailed and carried by the following vote: YES: NOES: ABSTENTIONS: . 2. A true, full, and correct copy of the Resolution adopted at the Meeting is attached to and follows this Certificate; the Resolution has been duly recorded in the Council's minutes of the Meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the Council's minutes of the Meeting pertaining to the adoption of the Resolution; the persons named in the above and foregoing paragraph are duly chosen, qualified, and acting officers and members of the Council as indicated therein; each of the officers and members of the Council was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the Meeting, and that the Resolution would be introduced and considered for adoption at the Meeting and each of such officers and members consented, in advance, to the holding of the Meeting for such purpose; and the Meeting was open to the public, and public notice of the time, place, and purpose of the Meeting was given, all as required by Chapter 551, Texas Government Code, as amended. 3. Martha Gillett is the duly appointed and acting City Secretary of the City. SIGNED AND SEALED TffiS February 28, 2000. . ~~ (). ,j4JJM City ecretary City of La Porte, Texas ~ City of La Porte, Texas (CITY SEAL) e e . e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: February 28. 2000 Requested By: Robert T. Herrera Department: Administmtion Report _ ResoBution XXX Ordinance Exhibits: 1. Ordinance No. 2000- 2. Lease Agreement Between City of La Porte and La Porte-Bay Area Heritage Society SUMMARY & RECOMMENDATION At the August 9, 1999, City Council meeting, staff reported that the La Porte-Bay Area Heritage Society approached the City requesting permission to relocate the original library building to the existing depot park site near Sylvan Beach. The concept of this project would be similar to previous relocation efforts for the train and depot in the early 1980s. According to Mr. Bob McLaughlin of the Heritage Society, this proposal is delayed indefinitely. Therefore, the proposed renewal lease agreement excludes reference to this item. The current agreement between the City of La Porte and the Heritage Society for lease of property for the depot museum expires on April 30, 2000. The Heritage Society has requested a renewal of the lease agreement for another 20-year term to begin on May 1, 2000, and expire on April 30, 2020. This agreement retains the same terms for lease payment and insurance requirements. The Heritage Society will remit to the City $20.00 to account for the $1.00 per year lease amount and will provide certificates of insurance. This revenue will be deposited into the General Fund's Miscellaneous Revenue Account #001-0000-410-0100. Phrasing has been added to Section III to clarify responsibility, by the City as Lessor, for payment of water, sewer, and garbage collection and maintenance of property outside the fence boundary. A clause has been added to Section V stating that the Heritage Society will operate any future acquired buildings as museums. Action Required by Council: Approve Ordinance No. 2000- to renew a 20-year lease agreement between the City of La Porte and the La Porte Bay Area Heritage Society. Approved for City Council Ae:enda ~\.~ Robert T. Herrera Date City Manager Current as of 01199 e . ORDINANCE NO. 2000-13S~ AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT OF LEASE BETWEEN THE CITY OF LA PORTE AND THE LA PORTE-BAY AREA HERITAGE SOCIETY, FOR A TWENTY YEAR TERM COMMENCING KAY 1, 2000; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. 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 Mayor 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 0 The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the pUblic at the city Hall of the ci ty for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The city Council further ratifies, approves and confirms such written notice and the contents and posting thereof. section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. e ORDINANCE NO. 2000-~3?r e PASSED AND APPROVED, this 28th day of February, 2000. ATTEST: ~MkO.~ Ma tha A. Gil ett City Secretary L/ APPR~V-~ // t?&:;lv) u:;.-~ Knox W. Askins City Attorney OF LA PORTE P1\GE 2 RECEIPT NO. 57430 CITY OF LA PORTE . '281/471-5020 e CHECK I LA PORTE. TEXAS 77572-1115 AMOUNT ~ $~ p.o. BOX 1115 . '~ r D CASHIERS CHECK PAYMENT FOR - '. .' e . ""'::. . ..;. t- This Insurance contract Is with an Insurer not licensed to transact insurance in this State and Is issued and delivered as a surplus lines coverage pursuant to the Texas Insurance statutes. The State Board of Insurance does not audit the nnances or review the solvency of the surplus lines Insurer providing this coverage, and this Insurer Is not a member of the property and casualty Insurance guaranty association created under Article 21.2S-C. Insurance COde. Article 1.14-2. Insuranco Code, . requires payment uf 4.85 percent tax on gross premium. . . ~, )~ SCOTTSDALE INSURANCE COMP~ 8877 North Gainey Center Drive, Scottsdale, Arizona 85258 A STOCK COMPANY ,. ;. Commercial Lines Policy " ~ THIS POLICY CONSISTS OF: DECLARATION, COMMON POLICY CONDITIONS, ONE OR MORE COVERAGE PARTS. A COVERAGE PART CONSISTS OF: ONE OR MORE COVERAGE FORMS, APPLICABLE FORMS AND ENDORSEMENTS. CLS..J-2111-95) / . ).t - .~ '. . e : ' . I~ . . '\ \ .~ .. In Witness Whereof, the Company has caused this polley to be executed and attested. - .... ~C~~~ ~. ~~ w~ Secretary President CLS.J-2 (11-96) )~e ' . ~ SCOTTSDALE INSURANCE COJMPANT 8877 N. Gainey Center Drive, Scottsdale, Arizona 85258 . 1-800-423-7675 (outside Arizona) . COMMON POUCY DECLARATIONS A STOCK COMPANY ITEM 1. Named Insured and Mailing Address ;;::;;;; ~ - ~ ;;::;;;; - Polley Number CPS0279401 . NEW ;;::;;;; - - - ;;;;;;;;; ;;;;;;;;; == ~ LA PORTE BAY AREA HERITAGE P.O. BOX 847 LA PORTE, TX 77572 This insu~nce contract Is with an Insurer not licensed to tr~sact Insurance In Ihls State and Is issued and dehver.ed as a surplus lines coverage pursuanllo the Texas In&urance'slabJlee. The Slate Board of Insurance does nOI.audlt the ftnances or review the solvency of the surplus hnes Insurer providing Ihls coverage, and thIs Insurer Is nol a member of llie property and casually Insurance guaranI)' assoclallon created under Article 21.28-C, Insurance Code. ArtIcle 1.14-2, Insurance Code requires paymenl of 4.85 percenl tax on gross premium. ' ;;::;;;; ~ ;;;;;;;;; ..- - ;;::;;;; - ;;;;;;;;; ~ ~ - ;;;;;;;;;;; ~ Agent Name and Address TEXAS SPECIALTY UNDERWRITERS, INC. 510 TURTLE COVE, STE 200 ROCKWALL, TEXAS 75087 - ~ ;;::;;;; - ITEM 2. Policy Period From: 05/09/1999 Agent No. To: 05/09/2000 42002 Term: 366 DAYS - - ;;::;;;; = ;;;;;;;;; - ;;;;;;;;;;; ~ 12:01 A.M.. Standard Time at your mailing addre... Business Description: MUSEUM ~ In return for the payment of the premium. and subject to all the terms of this policy, we agree with you to provide the Insurance as stated in this policy. This policy consists of the following coverage parts for which a premium Is Indicated. Where no premium is shown, there Is no coverage. This premium may be subject to adjustment. Coverage Partes) Premium Commercial General Liability Coverage Part $ 250 Commercial Property Coverage Part $ 413 Commercial Crime Coverage Part $ NOT COVERED Commercia/Inland Marine Coverage Part $ NOT COVERED Commercial Auto (Business Auto or Truckers) Coverage Part $ NOT COVERED Commercial Garage Coverage Part $ NOT COVERED Profession~1 Liability Coverage Part $ NOT COVERED $ $ Total Polley Premium: $ 663.00 POLICY FEE $ 75.00 STATE TAX $ 35.79 .. STAMPING FEE $ 1.11 TOTAL $ 774.90 -:: $ Form(s) and Endorsement(s) made a part of this policy at time of Issue: See Schedule of Forms and Endorsements Countersigned: 05/05/1999 By . ALZ (LS CATE AUTHORlZEDREPRESENTATlVE ~'S COMMON POLICY DEClARATION AND THE SUPPLEMENTAL DECLARATION (S) , TOGETHER WITH THE COMMON POUCY CONDITIONS, COVERAGE PART(S), COVERAGE FORM(S) AND FORMS AND ENDORSEMENTS,IF ANY, COMPLETE THE ABOVE NUMBERED POUCY. OPS.[).1 (8-96) I 111m 1111111111111111111111111111 INSURED 111111111111111111111111111 111111111111111111111111111111111 c:~ )~ e SCOTTSDALE INSURANCE COMP~ ENDORSEMENT NO. e ATTACHED TO AND ENDORSEMENT EFFECTIVE DATE FORMING A PART OF (12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO. POUCY NUMBER CPS0279401 05/09/1999 LA PORTE BAY AREA HERITAGE 42002 ." . . IMPORTANT NOTICE - TEXAS ; To obtain information or make a complaint: You may contact your agent or you may call Scottsdale Insurance's toll-free number for information or to make a complaint at: 1-800-423-7675 You may also write to Scottsdale Insurance at: Scottsdale Insurance Company 8877 N. Gainey Center Drive P.O. Box4110 Scottsdale. Arizona 85261 You may contact the Texas Department of Insurance to obtain information on companies. coverages. rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: Texas Department of Insurance P.O. Box 149104 Austin. Texas 78714-9104 1-512-475-1771 (Fax) PREMIUM OR CLAIM DISPUTES: . Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. oe; ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE - TEXAS Para obtener informaci6n 0 para someter una queja: Usted puede comunicarse con su agente 0 puede lIamar al nLlmero de telefono gratis de Scottsdale Insurance para informaci6n 0 para someter una queja al: 1-800-423-7675 .. Usted tambien puede escribir a Scottsdale Insurance: Scottsdale Insurance Company 8877 N. Gainey Center Drive P.O. Box 4110 Scottsdale. Arizona 85261 \ Puede comunicarse con el Departamento de Seguros de Texas para obtener informaci6n acerca de compa;iras, coberturas. derechos 0 quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: Texas Department of Insurance P.O. Box 149104 Austin, Texas 78714-9104 1-512-475-1771 (Fax) DISPUTAS SaBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima 0 a un re- clarno. debe comunicarse con el agente primero. Si no se resuelve la disputa, puede entonces comunicarse con el Departamento de Seguros de Texas. UNA ESTE AVISO A SU paLIZA: Este aviso es solo para prop6sito de informaci6n y no S8 convierte en parte 0 condici6n del documento adjunto. z(:j~u~,,~ AUTHORIZED REPRESENTATrJE UTS-93g-TX (5-92) INSURED / DATE ,. e e J~ SCOTTSDALE INSURANCE COMPANY- SCHEDULE OF FORMS AND ENDORSEMENTS Polley No. CPS0279401 Effective Date: 05/09/1999 12:'01 A.M., Standard Time ;, Named Insured LA PORTE BAY AREA HERITAGE Agent No. 42002 " COMMON FORMS CLS-J-2 OPS-D-1 UTS-SP-2 IL 00 17 IL 00 21 IL 09 35 UTS-271g 11-95 8-96 12-95 11-98 4-98 8-98 6-98 Policy Jacket Common Policy Dec Forms & Endorsement Schedule Common Policy Conditions Nuclear Energy Excl Excl-Computer-Related Losses Year 2000 Exclusion GENERAL LIABILITY FORMS ~ CLS-SD-1L CLS-SP-1L CG 00 01 CG 21 47 GLS-30s GLS-58s GLS-74s GLS-83g UTS-128s UTS-131g PROPERTY FORMS CPS-SD-1L CP 00 10 CP 00 90 CP 02 99 CP 10 10 UTS-48g STATE FORMS UTS-88g-TX UTS-93g-TX UTS-230g-TX ~ 9-98 10-93 7-98 7-98 6-98 12-93 11-92 3-92 10-97 3-92 6-92 6-95 7-88 11-85 6-95 9-92 9-94 5-92 9-94 GL Supplemental Dec GL Ext Supplemental Dec General Liab Cov Employ-Related Practices Excl Contractors Special Conditions Lead Contamination Excl Amendment Of Conditions Subsidence Excl Optional Provisions Endt Asbestos Excl Prop Supplemental Dec Building & Personal Prop Cov Property Conditions Cancellation Changes Causes Of Loss-Basic Form Actual Cash Value Endt TX-Notice Of Settlement TX-Important Notice TX-Prompt Payment of Claims ADDITIONAL FORMS urB-SP.2112-95) INSURED ".' e e ILOO 171198 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. ~ A. Cancellation 1. The first Named Insured shown In the Declara- tions may cancel this polley by mailing or de- livering to us advance written notice of cancel- lation. 2. We may cancel this polley by mailing or deliv- ering to the first Named I nsured written notice of cancellation at least: a. 10 days before the effective date of cancel- lation if we cancel for nonpayment of pre- mium; or -; 'C b. 30 days before the effective date of can- cellation if we cancel for any other reason. 3. We will mall or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled. we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice Is mailed. proof of mailing will be suf- ficient proof of notice. e.Changes This polley contains all the agreements between you and us concerning the Insurance afforded. The first Named Insured shown in the Declarations Is auth- orized to make changes In the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement Issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the polley period and up to three years afterward. D.lnspectlons And Surveys 1. We have the right to: a. Make Inspections and surveys at any time; ILOO 171198 b. Give you reports on the conditions we find; and . c. Recommend changes. 2. We are not obligated to make any Inspections, surveys, reports or recommendations and any such actions we do undertake relate only to In- surability and the premiums to be charged. We do not make safety Inspections. We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not : only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or rec- ommendations. 4. Paragraph 2. of this condition does not apply to any Inspections, surveys. reports or recom- mendations we may make relative to certifi- cation. under state or municipal statutes. ordi- nances or regulations, of boilers, pressure vessels or elevators. E. Premiums The first Named Insured shown in the Declarations: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under ThIs Polley Your rights and duties under this polley may not be transferred without our written consent except In the case of death of an Individual named Insured. If you die, your rights and duties wlll be transferred to your legal representative but only while acting within the scope of duties as your legal repre- sentative. Until your legal representative Is ap- pointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. ~ \ Copyright, Insurance Services Office. Inc., 1998 INSURED Page 1 of 1 ,.' e e )~ SCOTTSDALE INSURANCE COMP~ COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL DECLARATIONS Policy No. CPS0279401 Effective Date Named Insured LA PORTE BAY AREA HERITAGE Agent No. 05/09/1999 12:01 A.M., Standard Time 42002 .. Item 1. Limits of Insurance Coverage Limit of Liability Aggregate Limits of Liability Products/Completed $ 500,000 Operations Aggregate General Aggregate (other than $ 500,000 Products/Completed Operations) Coverage A - Bodily Injury and anyone occurrence subject Property Damage Liability to the Products/Completed ., Operations and General $ 500,000 Aggregate Limits of Liability anyone premises subject to the Coverage A occurrence and , the General Aggregate Limits Damage to Premises Rented to You Limit $ 100,000 of Liability Coverage B - Personal and anyone person or organization Advertising Injury Liability subject to the General Aggregate . $ 500,000 Limits of Liability Coverage C - Medical Payments anyone person or subject to the Coverage A occurrence and the General Aggregate Limits $. 5,000 of Liability Item 2. Form of Business and Location of Premises Form of Business: 0 Individual o Partnership or Joint Venture o Limited Liability Company C!I Organization (other than Partnership, Joint Venture or Limited Liability Company) Location of All Premises You Own, Rent or Occupy: 910 PARK, LA PORTE, TX 77572 Item 3. Forms and Endorsements Form(s) and Endorsement(s) made a part of this policy at time of issue: See Schedule of Forms and Endorsements Item 4. Premiums Coverage Part Premium: $ 250 Other Premium: $ Total Premium: $ 250 \ ~ THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PERIOD. CLS-8D-1L (9-98) INSURED / e e )~ SCOTTSDALE INSURANCE COMPANY- COMMERCIAL GENERAL LIABILITY COVERAGE PART EXTENSION OF SUPPLEMENTAL DECLARATIONS Policy No. CPS0279401 Effective Date: 05/09/1999 12:01 A.M., Standard Time Named Insured LA PORTE BAY AREA HERITAGE Agent No. 42002 Premo No. Bldg. No. Class Code Exposure Basis 1 1 46426 1,920 AREA PER 1000 Class Description: Premises/Operations MUSEUMS - OTHER THAN NOT FOR PROFIT Rate Premium 43.350 250.00 MP Products/Comp Operations ~ Rate Premium INCL INCL Premo No. Bldg. No. Class Code Exposure Basis Class Description: Premises/Operations \ Rate Premium , Products/Comp Operations Rate Premium Premo No. Bldg. No. Class Code Exposure Basis Class DescriptIon: PremIses/Operations Rate Premium Products/Comp Operations Rate Premium Premo No. Bldg. No. Class Code Exposure Basis Class Description: Premises/Operations Rate Premium Products/Comp Operations Rate Premium ~ CLS-SP.1L (1 ()'93) INSURED / e )~ e ENDORSEMENT NO. SCOTTSDALE INSURANCE COMPANfI ATTACHED TO AND ENDORSEMENT EFFECTWE DATE FORMING A PART OF (12:01 A.M. STANDARDTIMEI NAMED INSURED AGENT NO. POUCY NUMBER CPS0279401 05/09/1999 LA PORTE BAY AREA HERITAGE 4200"2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS SPECIAL CONDITIONS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following condition is added to SECTION IV - COM- MERCIAL GENERAL LIABILITY CONDITIONS section of the polley: CONTRACTORS SPECIAL CONDITIONS . You wfll obtain certificates of insurance from alllndepend- ent contractors providing evidence of: 1. LImits of Insurance equal to or greater than the limits provided by this policy; and 2. Coverage equal to or greater than the coverages pro- vided by this polley. Failure to comply with this condition does not alter the cov- erage provided by this policy. However, should you fall ~ to comply, a premium charge will be made. The premiul"(l charge will be computed by multiplying the total cost of all work sublet that fails to meet the above condition, by the rate per $1000 payroll for the applicable classification of the work performed. If the polley does not contain the applicable classification and rate, we will multiply our usual and customary rate per\ $1000 payroll for that classification, by the net modification factor, If any, applied to the polley rates. '1"otal costM means the cost of all labor, materials and equipment furnished, used or delivered for use In the exe- cution of the work and all fees, bonuses or commissions paid. uJ~~J...tJrr AUTHORIZED REPRESENTATIVE INSURED GLS-30s (6-98) DATE ,. e )~ e ENDORSEMENT NO. SCOTTSDALE INSURANCE COMP~ ATTACHED TO AND ENDORSEMENT EFFECTIVE DATE FORMING A PART OF (12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO. POUCY NUMBER CPS0279401 05/09/1999 . LA PPRTE BAY AREA HE~ITAGE 42G02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OPTIONAL PROVISIONS ENDORSEMENT The following special provisions (Indicated by an .X") apply to this polley. SCHEDULE !XI Bodily Injury, Property Damage, Personal Injury and Advertising Injury LIability Deductible Endorsement INSURANCE P.O. BOX 149104-MC 112-1A, AUSTIN, TX 78714-9104 Service of Process will be mailed to: MI CHAEL L. HORSMAN 8877 N. GAINEY CENTER DRIVE, SCOTTSDALE, AZ 85258 ~ Minimum and Advance Premium Endorsement Minimum Premium 85 IX! Minimum Earned Premium Minimum Earned Premium 25 Amount and Basis of Deductible $ NA er claImant $ NA er claimant $ NA er claimant $ NA er claimant ... ,and -J % -% of the advanced premium. BODILY INJURY, PROPERTY DAMAGE, PERSONAL INJURY AND ADVERTISING INJURY LIABILITY DEDUCTIBLE ENDORSEMENT This insurance modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART APPLICATION OF ENDORSEMENT (Enter below any limitations on the application of this endorsement. If no 2. limitation Is entered, the deductlbles apply to damages for a11.bodlly Injury,. .property damage,. "personallnjury," and "advertising Injury," however caused.): NO LIMITATION ; ~ 1. Our obligation under the Bodily Injury Liability, Property Damage Liability, Personal Injury Liability and Advertising Injury LIability Coverages to pay damages on your behalf applies only to the amount of damages in excess of any deductible amounts stated In the Schedule above as applicable to such coverages, and the LImits of Insurance applicable to Each Occurrence or offense for such coverages will be reduced by the amount of such deductIble. Aggragate LImits for such coverages shall not be reduced by the application of such deductible amount. UTS.128s (10-97) Page 1 of 2 INSURED GLS-94a (8-96)' The deductible amounts apply to damages and all legal and loss adjustment expenses. 3. The deductible amounts stated In the Schedule above apply under the Bodily Injury LIability, Property Damage LIability, Personal Injury LIability and Advertising InJUlY Liability Coverages, respectively, to all damages because of "bodily Injury," or "personal Injury" sustained by one person, or to all damages because of .property damagQ" sustained by one person, any organization, or assocl~- tlon or any Individual member of any organization Qr association as the result of anyone .occurrence.. 4. The terms of this Insurance, Including .those with respeqt to our right and duty to defend any .suits. seeking those damages and your duties In the event of an .occurrence,. offense, callm or .suit, U apply Irrespective of the applica- tion of the deductible amount. e e AGREEMENT OF LEASE STATE OF TEXAS { { COUNTY OF HARRIS { This Agreement of Lease made by and between the CITY OF LA PORTE, a municipal corporation, known herein as LESSOR, and the LA PORTE-BAY AREA HERITAGE SOCIETY, known herein as LESSEE, both of Harris County, Texas, WIT N E SSE T H: LESSOR does, by these presents, lease and demise unto LESSEE the following described property, lying and being situated in the City of La Porte, Harris County, Texas, to-wit: Lots Seven (7) through Fourteen (14), both inclusive, in Block Fifty (50) of SYLVAN BEACH FIRST SUBDIVISION, an addition in Harris County, Texas, according to the map or plat thereof recorded in Volume 3, Page 72 of the Map Records of Harris County, Texas, reference to which is here made for all purposes. upon the terms, conditions, covenants and agreements following: I. The term of this lease shall be for a period of twenty (20) years, beginning on the 1st day of May, 2000, and ending on the 30th day of April 2020. II. As rent for the use and occupancy of the demised premises, LESSEE hereby agrees, obligates and binds itself to pay unto LESSOR the sum of One Dollar ($1.00) per year for the twenty (20) year term hereof, payable in advance, the receipt and sufficiency of which is hereby acknowledged. e e III. LESSOR shall pay charges for the use of water, sewer, and garbage collection. LESSEE shall pay all charges for the use of electricity, natural gas, .and other utilities, as the same may become due, during the full term of this lease. In addition, LESSEE shall be responsible for all interior and exterior maintenance of buildings, taxes, including both ad valorem taxes on the leasehold and improvements, and LESSEE's personal property therein, and all insurance on the buildings. LESSOR shall continue maintenance of property outside the fence boundary. IV. LESSEE agrees to obtain and maintain at its sole cost and expense, public liability insurance and property damage insurance to protect LESSOR and LESSEE against all loss or damage from the claims of all persons who may be in or on the leased premises by the invitation, consent or sufferance of LESSEE. Such public liability insurance shall have minimum bodily injury limits of $100,000 for each person and $300,000 for each accident, with respect to any accident occurring on the leased premises. LESSEE shall furnish LESSOR certificates of all insurance coverage. LESSEE shall indemnify and save LESSOR harmless from any and all liability, damage, expense, cause of action, suits, claims or judgments arising from injury, to person or property on the demised premises which may arise out of the act, failure to act, or negligence of LESSEE, its agents or employees. V. LESSEE agrees to operate the existing depot building and any future acquired buildings as museums. .l e e VI. LESSEE may remove its improvements from the leased premises at the end of the lease term. LESSEE shall leave the premises rake clean. If LESSEE fails to remove its premise within thirty (30) days from the end of the lease term, title thereto shall revert to LESSOR. VII. In case of default of any of the aforesaid covenants, LESSOR may enforce the performance thereof in any modes provided by law, and may declare the lease forfeited at its discretion, and LESSOR, its agents or attorneys, shall have the right, without further notice or 'demand, to re-enter and remove all persons therefrom without being deemed guilty of any manner of trespass and without prejudice to any remedies for arrears of rent or breach of covenant, or LESSOR, its agents or attorneys, may resume possession of the premises and re-Iet the same for the remainder of the term for the best rental it may obtain, for account of LESSEE, which shall make good any deficiency; and LESSOR shall have a lien as security for the rent aforesaid upon all the improvements, additions, equipment and other personal property which LESSEE may place on the leased premises. VIII. The permitted use of the demised premises is for a site for museums to house historical memorabilia of the La Porte-Bay Area and related activities, and for no other purpose. LESSEE, in the use and occupation of the demised premises and in the prosecution or conduct of any business therein, shall comply with all requirements of all laws, orders, ordinances, rules and regulations ~ e e of the Federal, state, County and Municipal authorities. LESSEE covenants that it will not use or permit to be used any part of the demised premises for any dangerous, noxious, or offensive trade or business and will not cause or maintain any nuisance in, at, or on the demised premises. LESSOR, its agent or attorney, shall have the right to enter upon said premises and to inspect the same during all reasonable hours. IX. This lease is not assignable. WITNESS OUR HANDS, this the ~11- day of'-::fe6fVMY , 2000, effective May 1, 2000. ATTEST: ~a.~ M tha A. Gil ett City Secretary //) AnJlBD: . " (/C--t.'totY .~ Knox W. Askins City Attorney LA PORTE-BAY AREA HERITAGE SOCIETY By: N~e: 1J.f~ TJ.tle: . ATTEST: ~!~~~frE,~l;~> .4. e e e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: February 28,2000 Requested By: Doug Kneupp~ Department: Planning Report Resolution X Ordinance Exhibits: Ordinance Bid Tabulation Bidder's List Summary & Recommendation As part of the FY 1998-1999 Budget, City Council approved $35,000.00 for the construction of the Bay Forest Golf Course Chemical Storage Building. The project consists of construction of a 10 ft. by 15 ft. chemical storage building with a 15 ft. by 15 ft. loading area. Survey, design and engineering were performed utilizing City Staff. On February 7, 2000, the City received competitive bids from four qualified contractors (see attached Bid Tabulation). Derk Harmsen Construction Co., Inc., of Deer Park, Texas submitted the low bid in the amount of $17,000.00. The contract will be complete within 45 consecutive calendar days once the "Notice to Proceed" is issued. Staff has reviewed the bids submitted and determined the low bid from Derk Harmsen Construction Co., Inc. is within the budgeted amount and Derk Harmsen Construction Co., Inc. is qualified to perform this work. Staff recommends that the City Council authorize the City Manager to execute a contract with Derk Harmsen Construction Co., Inc. in the amount of $17,000.00 and further authorizing $850.00 (5%) contingency for construction of the Bay Forest Golf Course Chemical Storage Building. Action Required by Council: Consider approving an ordinance authorizing the City Manager to execute a contract with Derk Harmsen Construction Co., Inc. in the amount of $17,000.00 and further authorizing $850.00 contingency for construction of the Bay Forest Golf Course Chemical Storage Building. Availability of Funds: General Fund Capital Improvement X Other Water /W astewater General Revenue Sharing Account Number: 028-6049-551-8001 Funds Available: X Yes No Approved for City Council Agenda C]~ r, ~ Robert T. Herrera City Manager -;AVd~. ~l.W Date e e ORDINANCE NO. 2000-.1 ~ i 7 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND DERK HARMSEN CONSTRUCTKON CO. INC FOR CONSTRUCTION OF BAY FOREST GOLF COURSE CHEMICAL STORAGE BUILDING; APPROPRIATING $17,850.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVES IONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to afflX the seal of the City to all such documents. City Council appropriates the sum of $17,850.00 from Golf Course Fund 028 to fund said contract. Section 2. The City Council officially fmds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been e e ORDINANCE NO. 2000- ~ 3 i '7 open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this February 28,2000. By: AITEST: ~aJ ~JJdIi M a ille""tt, City Secretary #.1 /' .. , , ~. / /': L,./'/', Z;V:~~ --.....~,_.. IIIiI ~~L"9&..~~t e e . ! SPECIFICATIONS AND CONTRACT DOCUMENTS FOR BAY FOREST GOLF COURSE CHEMICAL STORAGE BUILDING . ~ CITY OF LA PORTE,. TEXAS JANUARY 2000 CLP PROJECT NO. #99-5001 - . I . . I . '1 . I . '. \1 ... e e CITY OF LA PORTE BAY FOREST GOLF COURSE CHEMICAL STORAGE BUILDING ClP Project No. #99-5001 TABLE OF CONTENTS SECTION NO. OF PAGES NOTICE TO BIDDERS................... .................... .......................................... ........ ................. ...1 SCOPE OF WORK.................... ............ .................................................. .................................1 INSTRUCTIONS TO BIDDERS...............................................................................................4 , BID PROPOSAL............... .................. .......................................................................,.............. 3 AGREEMENT ....... ....................... .... ............................................................................. ............2 PAYMENT BOND.....................................................................................................................2 GENERAL CONDITIONS...... ................................................................................................ .42 SUPPLEMENTARY CONDITIONS.. ........................... ................... ................................. .....1 0 TECHNICAL SPECIFICATIONS.. .... .... ........ ..... ............................ ....... ......... ........... .... ..... .... ...5 "..... """'" --1~ OF rEi~' -~~ ..........;.'1\5". ;'~..... * ..... " ~ . . ,*.... \* I. , . . *r. ~. ~:. ...... .... ........ ......:...~ l DOUGLAS K. KNEUPPER 41' ~. ..':, .................. ..... ..:..1 ',1i.. 77145 /~ .,O.C:.~~G~~~~?."#.. ',~ $...... .€ ../0 \. ,.... '':'' I-ZL/-oo . I I I I , , I , I BASE BID PROPOSAL BASE PROPOSAL: Bidder agrees to perform all of the work shown on the plans and further described in the specifications for the sum of Seventeen 'Thousand dollars ($ 17.000.00 ). (Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words will govern.) Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. Upon receipt of written notice of the acceptance of this bid, bidders will execute the formal contrad attached within ten (10) days and deliver a Surety Bond or Bonds as required by the General Conditions. . The bid security attached in sum of Eight Hundred and Fifty - 1 dollars ($ 850.00 ) is to become the property of the Owner in the event the centrad and bond are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby. . g II , BY: Respectfully submitted : ~~~9 -- (S1Qnature of Authorized Person) (SEAL) Vice President (Title) 2820 Center St. (Business Address) nppr P~rk, TpXA~ (City) (State) 77536 (Zip Code) .... (281) 479-3400 (Telephone Number) e e CITY OF LA PORTE BAY FOREST GOLF COURSE CHEMICAL STORAGE BUILDING CLP PROJECT #99-5001 BID TABULATION DERK HARMSEN CONSTRUCTION y 45 $17,000.00 BROOKS CONCRETE Y 90 $18,304.00 PAT AK CONSTRUCTION y 90 $27,500.00 COMMODORE CONSTRUCTION Y 65 $34,900.00 e e CITY OF LA PORTE BAY FOREST GOLF COURSE CHEMICAL STORAGE BUILDING CLP PROJECT #99-5001 Advertising The Bayshore Sun - Ian 23rd and Ian 30th, 2000 Bid Notice Faxed Derk Harmsen Construction 2820 Center Street Deer Park, TX 77536 Follis Construction 111 N. Broadway La Porte, TX 77571 FORCE Corp. PO Box 1079 La Porte, TX 77572-0853 Brooks concrete, Inc. 4018 Allen Genoa Pasadena, TX 77504 Patak Construction 1927 Hwy 146 Kemah, Texas 77565 Moore & Moore General Contractors POBox 1517 La Porte, TX 77572-1517 Commodore Construction 55 Lyerly, Suite 100 Houston, Texas 77022 Contractors That Picked Up Plans & Specifications Commodore Construction 55 Lyerly, Suite 100 Houston, TX 77022 Derk Harmsen Construction 2820 Center Street Deer Park, TX 77536 Brooks Concrete, Inc. 4018 Allen Genoa Pasadena, TX 77504 Patak Construction 1927 Hwy 146 Kemah, TX 77565 e e e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: February 28. 2000 Requested By: Stephen L. Barr 6.JIrAt {().../ st,~gpf<4\..- Department: Parks & Recreation xx Report Exhibits: 1. 2. Resolution Ordinance Little Cedar Bayou Erosion Control Project Grant HGAC Project Report SUMMARY & RECOMMENDATION The Houston-Galveston Area Council received a grant from the Galveston Bay Estuary Program to: a) fund a study of the erosion of Little Cedar Bayou at its mouth, and b) to develop a report and recommendation for correcting the problem. HGAC representative Christy Durham solicited input from representatives of the Texas Parks and Wildlife Department, the U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, The Texas General Land Office, the U.S. Fish & Wildlife Service, The Galveston Bay Foundation, Galveston Bay Estuary Program and local contractors, to apply their expertise in finding a solution. This multi-agency approach has developed a potential solution to the problem that, if it is successful, could be replicated in many other areas along the Texas coast that experience similar erosion problems. The accompanying HGAC Report details the resulting plan of action to address the problem. It is estimated that the project will cost approximately $60,000 to complete. Should Council choose to pursue this project, Ms. Durham will work to obtain the necessary permits from the Corps of Engineers and the General Land Office. Ms. Durham has received verbal commitments for sufficient funding to cover the cost of the project from three sources: The Galveston Bay Estuary Program has committed to provide $34,000; The General Land Office has verbal commitment for $34,000 through the Coastal Erosion Planning & Recovery Act funds; and the U.S. Fish & Wildlife Service has verbally committed an additional $15,000 for the project if necessary. The project contract(s) would be contingent upon approval of funding by these three agencies. Cost to the City of La Porte will be approximately $6,000 in force account labor and should not require any additional funding outside FY 1999-2000 operating budgets. Staff Recommendation: Staff recommends that the proposal be considered as a way to reduce or eliminate the severe erosion of City parkland at the mouth of Little Cedar Bayou, and promote natural restoration qf native marsh grasses in the eroded area, at little direct cost to the City. Action Required by Council: . '. Give direction regarding the proposed Little Cedar Bayou ErOSIon Control ProJect. Availability of Funds: X General Fund _ Capital Improvement N/A Account Number: WaterlWastewater = General Revenue Sharing Funds Available: -L YES _ NO Approved for City Council Aaenda G~~. \\~ Robert T. Herrera a-a4-QO Date . . . e e LITTLE CEDAR BAYOU La Porte, Texas Restoration and Enhancement Plan Prepared for Galveston Bay Estuary Program by Houston-Galveston Area Council February 2000 little Cedar Bayou Restoration and Enhancement Plan e e . Table of Contents Purpose and Scope 3 Planning Process 4 Work Group Goal and Objectives Site Assessment 6 Location and Description Aerial Photo Harris County Appraisal Map Problem Description Project Implementation 10 Proposals Desired Proposal Funding Sources Required Permits Timeline Appendix A Proposed Scope of Work 17 . Appendix B Site Photos 19 . Little Cedar Bayou Restoration and Enhancement Plan e e . Purpose and Scope The Houston-Galveston Area Council (H-GAC), under contract with the Galveston Bay Estuary Program (GBEP), has created a Restoration and Enhancement Plan for Little Cedar Bayou. This plan was funded by a grant from the U.S. Environmental Protection Agency (EPA) in accordance with the Clean Water Ad and coordinated through the Texas Natural Resource Conservation Commission (TNRCC) and GBEP. Little Cedar Bayou is approximately three miles long and runs through the City of La Porte, Texas into Galveston Bay. Most of the bayou can be likened in size to a small drainage ditch, but the stretch from the City's wastewater treatment facility to the Bay is navigable. There are approximately 33,000 square feet of eroded shoreline at the terminus of the bayou into the bay. The eroding area is surrounded on both sides by city-owned property. At the terminus where Little Cedar Bayou flows into Galveston Bay, the shoreline has been devoured by years of subsidence and breaking waves caused by tidal changes and passing ships. The severely eroded shore is allowing large trees to fall into the bayou. The erosion is depleting city-owned property that includes a public park. and if it is allowed to continue, private property will be affected. The following is an aerial photo of the bayou's terminus into the Bay taken by the US Geological Survey (USGS). . . Little Cedar Bayou Restoration and Enhancement Plan 3 e e . Planning Process Little Cedar Bayou Work Group A work group was established to discuss ideas for preventing or minimizing further erosion to the bayou, locating possible funding sources, and facilitating in the permitting process. The group was selected from local, state, and federal agencies that had worked with the Houston-Galveston Area Council on other projects of a similar nature. The members of the group had various degrees of knowledge of erosion problems and control methods, funding sources, andlor required permits for projects that involved waterways and wetlands. The individuals who participated in the work group planning meetings and the organizations they represent are listed below. . Stephen Barr City of La Porte, Texas Bruce Bennett United States Army Corps of Engineers Bert Clark City of La Porte, Texas Christy Durham Houston-Galveston Area Council Tara Ellis Texas General Land Office Terry Hollister United States Environmental Protection Agency-Houston Kay Jenkins Texas Parks and Wildlife Department Doug Kneupper City of La Porte, Texas Marissa Sipocz Galveston Bay Foundation Garry McMahan Texas General Land Office Carter Miska Galveston Bay Estuary Program Gary Mitchell Wilbur Smith Associates Robert Rudolph Galveston Bay Estuary Program Eddie Seidensticker Natural Resources Conservation Service Kerry Stanley United States Army Corps of Engineers Jeff Taebel Houston-Galveston Area Council The work group met on three different occasions to see the site and then determine the best erosion control method that would also benefit habitat creation and enhancement. During the meetings, one goal was focused upon and five objectives were established to meet this goal. The goal was to establish a restoration and enhancement plan, and the objectives included, erosion control, habitat creation and restoration, education, site enhancement, and safety. Goals and Obiectives Goal: Enhance and Restore Little Cedar Bayou Objectives: .:. Erosion Control: The enhancement and restoration of the bayou's shoreline is reliant on the ability to stabilize the bank. For years, subsidence and wave action, due to tidal forces and ship wakes, have severely eroded the bank of the bayou. The undercutting of the bank, uprooted large trees, which then fell into the bayou, killing previously planted wetland grasses. The first objective of the group is to determine an erosion control method that will effectively protect the shoreline of Little Cedar Bayou. . Little Cedar Bayou Restoration and Enhancement Plan 4 . . . e e .:. Habitat: The second objective of the group is to emphasize the need for habitat creation and restoration. The eroded bayou shoreline can be reclaimed by planting wetland grasses that, once established, will create a home for birds and other animal species native to marshes and wetlands. Habitat enhancement and reclamation is the main priority of both state and federal agencies, which are trying to achieve uno net loss" of wetlands. It is estimated that at one time the United States had 225 million acres of wetlands, but because of drainage, fill, and construction, 50% of the original wetland acreage has been lost (Our National Wetland Heritage, Jon Kusler). Little Cedar Bayou creates a prime opportunity to reclaim wetlands that have been degraded by years of subsidence and erosion. .:. Education: The third objective of the work group is education of other communities as well as La Porte. The land surrounding Little Cedar Bayou, like other Bay area waterways, suffers from years of subsidence and wave action. A successful erosion control and habitat enhancement project on this bayou would lead to successful projects in other areas. This project will also serve as an educational tool for the citizens of La Porte. Signs describing wetlands and the species that make their home in wetlands would serve the entire community. Science classes from the local schools could participate in the planting of the wetland grasses, thereby starting to learn why wetlands are important and what it takes to create a wetland. .:. Site Enhancement: Another objective of the group is to create a destination place. The group would like the project to be a place where citizens would want to visit. The Little Cedar Bayou Park along the bayou has a nice trail system that could be enhanced by a trail terminus that invited people to sit, eat, read about wetlands, view birds, and look out onto Galveston Bay. The work group believes that this enhancement would draw more people to the park, and create a better understanding of the need and benefits of erosion control. .:. Safety: Another key consideration for the people in the work group is the safety of the people who use the park. The group believed that the structure used to control erosion should not give the appearance of playground equipment. A key factor in the design of a structure will be that it is difficult to see and reach by foot. The erosion control structure will be designed to rise no higher than mean high tide. Once established, the wetland grasses will make it difficult for a person to see the structure in lower tidal flows. Little Cedar Bayou Restoration and Enhancement Plan 5 . . . e e Site Assessmemt Location and DescriDtion little Cedar Bayou is located in La Porte, Harris County, Texas. The bayou is approximately three miles long. A majority of the bayou is no larger than a small drainage ditch, but the bayou widens and deepens to the point of being navigable east of the City's wastewater treatment plant, which outflows into the bayou. The bayou's terminus may be reached by foot following the trail system through the little Cedar Bayou Park located off of Broadway across from the Bay Forest Country Club. The focal point of the project is a severely eroded portion of the bayou located on the south side of the bayou just before the terminus. This portion of the bayou is surrounded by city-owned land. The property on either side of the City's land is residential, both single and multi-family. The City has two points of vehicle access, one through the apartment complex on the south side and one through a dead~nd street on the north side. The following DageS contain an aerial Dhoto and a Harris County ADDraisal District maD with arrows Dointing to the site of concern. Little Cedar Bayou Restoration and Enhancement Plan 6 . . . e e Little Cedar Bayou Restoration and Enhancement Plan 7 . . . e e Little Cedar Bayou Restoration and Enhancement Plan 8 e e . Problem Description One of the causes of the erosion problem is subsidence. The Harris County Coastal subsidence District estimates that the area surrounding the bayou has subsided 6-7 feet since 1906. Although subsidence has been minimized in the past 25 years, the past affect has increased the erosion intensity of wave action. Wave action is now the primary cause of the loss of City owned land along the bayou. Waves, caused by tidal action and the wake of passing vessels in the ship channel, are eating away between 1 and 2 feet of shoreline a year. The obvious victim of this erosion has been the large stand of trees that once stood on the shoreline. The trees can now be found partially or fully submerged in the bayou's waters. Because of the fallen trees, it has been impossible to establish wetland grasses that would prevent further erosion. Tires have also been used in the past to subdue the wave action, but they have not been effective against the forces of the corrosive ship wakes. . The beginning wave action shown here is the result of a passing ship. . This fallen tree is the result of the shoreline erosion along Little Cedar Bayou. little Cedar Bayou Restoration and Enhancement Plan 9 e e . Project Implementation Proposals Once the goals were established and the site had been assessed, the work group proposed several implementation strategies. The proposals included an oyster reef, rock terrace, concrete block breakwater, a combination of the rocks and concrete blocks, slope stabilization, and wetland creation and enhancement. .:. Oyster Reef: The construction of an oyster reef is one of the original solutions proposed by the work group. The reef would be extended out from the shore at the terminus of the bayou, but it would not be in the way of boat traffic or interfere with the bayou's channel. Once the reef is in place it would begin to grow and create a natural barrier against wave action. The reef would be funded by a GBEP grant that is designated for an oyster reef project. The advantage of the reef is that it could be easily put in place with the use of a small boat. The disadvantage of the reef is that it is not a viable solution because the salinity at the terminus of the bayou is rarely high enough to sustain the oysters. . .:. Rock Terrace: A rock terrace could be placed along the edge of the bayou's channel and minimize the wave action that continuously hits the shoreline. The terrace would be constructed in a manner that would allow enough water through for wetland grasses to be maintained. The advantage to the rock terrace is that it would allow crevasses for various fish and other wildlife to hide in and attach. The disadvantage is that underwater the rocks would be almost weightless, and any storm surge could scoop the rocks up and carry them off. The cost of the rock terrace is estimated to be around $50,000. .:. Concrete Block Breakwater: The rock terrace idea was transformed from rocks to preformed 2'X2'X6' concrete blocks. The blocks would be drilled to provide holes large enough to let water and small fish to pass through the breakwater. Once the blocks are placed, pilings may be used to stabilize the breakwater against the undercutting action of the waves. By using the blocks, the base of the configuration could be smaller than the rock terrace base, while still maintaining the same mean high tide height. Another, advantage of the blocks is that they can be easjly restacked if a large storm surge were to move them. The disadvantage to the blocks is that they will be more costly to purchase and put into place than the rock. The cost of the blocks is estimated to be $60,000 plus. .:. Combination of Block and Rock: Many of the group expressed the concern that the scouring affect produced by waves could undercut the blocks causing them to topple. A suggestion was made that the blocks could be better protected by adding rock to the base of the blocks on the wave side. Although this might lessen the scouring affect for a little while, it is believed that eventually the rocks would be scattered by the wave action. The rocks would add to the cost of the breakwater, without the assurances that they would stay in place. . .:. Wetland Creation and Enhancement: The planting of wetland grasses will aid in the stabilization of the shore, but the enhancement of the shoreline wetland cannot be sustained unless the debris is cleared from the shore. Wetland grasses were planted along the shoreline in the past, but fallen trees mauled the grasses when the tide rose. With the combination of the erosion control structure and elimination of Little Cedar Bayou Restoration and Enhancement Plan 10 . . . e e debris from the shoreline, the grasses should be able to establish and protect the shoreline. .:. Slope Stabilization: Once the erosion control structure is in place, the tree lined slope would either need to be stabilized with a terraced wall or allowed to naturally stabilize before the wetland grasses are planted. A terraced wall could be completed at the same time the rock terrace is built, and it would be a nice addition to the City Park. It would be less costly to allow the slope to stabilize on its own, but the grass plantings might have to wait until the slope no longer releases anymore trees. Desired Proposal After weighing the advantages, disadvantages, and cost of each proposal, the work group decided that a combination of the proposals including the concrete block breakwater would be effective in controlling erosion, enhancing wetland habitat, and creating an attractive and safe place. .:. Concrete Block Breakwater: A concrete block breakwater that is the height of mean high tide, as determined by a Licensed State Land Surveyor, will be placed five to eight feet away from the edge of the bayou's channel. This breakwater will be used to lessen the impact of the wave action, but it will also allow water to flow through to the wetland area between the channel and the shoreline. .:. Removal of Debris: There are 17 to 20 trees that have fallen along the shoreline. These will need to be removed before construction on the site begins. Some of the partially submerged trees will be mulched and used for trails. The submerged trees will be stacked at the terminus of the trail, covered with fill dirt, and planted to create a look-out area. .:. Stabilization of Slope: The slope has been undermined by the years of wave action that have cut at its base. The slope will be stabilized by removing 15 feet or less of trees, roughly grading the slope, and then seeding it with native grasses. .:. Wetland Grass Enhancement: Cordgrass and other wetland grasses have been planted in this same area before, but tidal action would cause the fallen trees to shred the grasses. With the trees removed and the slope stabilized, wetland grasses could be replanted. The grass should develop a thick weave that hides the concrete block breakwater and enhances the wetland habitat. .:. Site Enhancement: In addition to erosion' control benefits, the work group also wants the site to be a destination place. In order to attract people and educate them about the site, signs, benches, and tables will be placed at the trails terminus on the project site. The signs will explain the project and explain the importance of wetlands. The benches and tables will provide a place for people to eat and enjoy the wildlife newly created wetlands will attract. The followina diaarams include a section and plan view of the concrete block breakwater. removal of debris. and the stabilization of the slope. Little Cedar Bayou Restoration and Enhancement Plan 11 - e . . LITTLE CEDAR SA YOU SECTION VIEW CONCRETE BLOCK SOLUTION FOR LITTLE CEDAR BAYOU LA PORTE, TEXAS ~ ,.. 'OJ . a~~ ~ ERODED SHORE ; i REMOVE EXISTING FAl.LEN TREE ALLOW SHORE TO STP.8IUZE NATURALLY UNDERCUT UTTLE CEDAR BACKFILL "BAYOU - CHANNEL . r := CD o ! III ... aJ III ~ c :xl C1I 5 iil o' :J III :J C. m :J ;:r III :J Q 3 C1I 3- "0 iii' :J tv e e . <).. .. \ \. '~I ~ .l',." r , " .~ '~' , . ~'1 "- ~ . :,,'<" '., , . ./. ", --.r->-.,_ '-_ -' /~' "" . \'," ". ' . , _/ .\ \ I! ..' I .. ; ....','... " ", ') I - /.'.1"-. i \l 1\\'\ ' ',,' ,',' '-. ,; i) ,--r" \\~iJ! ,"'\.... \\ \ .,_;..:. .. " ....' / '" '41...: \ \ .~ \. ' """,~', .! ,,~("'" \ l''i C~ ,.~;-- '. '7' I r'~' -". "",:"IF:::.:~l'\ ',' () ..'-',.". J'/ I .. {/'" I ~, I .... .~.~ ". _' r I' \ . .~. /, I: ' !:d .. ,'l \..'" ,'......... I' . ..... {' l' I I 'u. ',;-\ ,.' ", , I 1 ---. ",J (---:"'-1 :' ." i 1 . ~r ,,\\.' -'. (l \--~ I r:'" .' / I!/ I: ':.:-: . '. "~ i J i I'l / , I' I' \I\,.~', '\- \ 1--------+-,/ ,,'/ if I ! ,".... ~,l ~_ ,'" .I I IUs .' ,', - I ""--/" ".. . ..""".....r-- ~' ' i I /.' ,~~-d~ ~ J...... ,. , ,. // .~__ /./~0:--'l": ;' I . ,_::--:::.--'"'" ./ . ' \ ~.'" .r,,' -.....;;.,--"" \\ ..._--......./ ./ . '-, \'-.../~/ ..' '..~ ~-...~- GALVESTON BAY PLAN VIEW ~. t.I' ",' \ ..1:' i....._ ;~~~:~~:.;;-~:' I ..-:::---.....:.,\,1 '. -' --' iii'! .. iJi/\ !!!: PROPOSED CONCRETE BLOCK BARRIER LITTLE CEDAR SA YOU , " . . 1./1).. :'. \ (~ .' . \'" . ,':>;,:<:'..' : . , ,~\..;:~~ .. ~. '- . -'. ".....;: ....-... ......'-.... . ~1 f)........ ::".>-'" ", nO .- ,,,... ........ " v. I ' ,:, '...... \ \ V ,I' ","' ..... \\ \ I l . \. '.. \\ \ " ',"'. \,... \ / . \ ,,'\ I ) . .. \ '. . I \ \..~: ,t, ~I ~ -....~'~,.'... . \.. ~\ .., . :, \: '", " , \ ~" ' ~ ":\\\~. " '0 " :. . '" . . \ '. \' '~.. .... '.' tl.:.' ------ '"'---"'..... ,')J;"d . (~er.s~ ...."""'"-.--..-.-.... 1". f I . r- := m (") CD Q, Ql .., OJ Ql '< o c: :;0 Jl o i 0' ::::l Ql ::::l Q, m ::::l ~ Ql ::::l ~ 3 CD a. "'0 iir ::::l - V.) . . . e e This is a sketch of two possible concrete block configurations. The top configuration is the one preferred by the work group. & ENO V'f:W B C:"'o V,f.W \ S'06 V'~lAI 5 I /:ll!: V'EoW TINO PQTEIo.IT,,,,'" ~O~f'Ic.UAAT'OU~ . Co,.,CJleT"S BLOC.~ OH"ON L ,YTI..S CGD~fL B.....ou. t=.il.oS'OItJ PAOU:c-~ '" D6CSI'I1ee,.(. 1 q q q &...oc:.... 5 PwA'LII.s'L.Z I", T UK1 S'U~\ .~.:'lt'1'''(P' 04. 3'x3')ClJI' little Cedar Bayou Restoration and Enhancement Plan 14 . . . e e Fundina Sources The construction portion of the project is estimated to cost between $60,000 and $70,000. The following is a list of agencies and organizations that can provide funds and resources to the project. .:. GBEP/EPA Grant: Money is available in the amount of $34,000 through the Galveston Bay Estuary Program. .:. GLO Funding: Once the application for the Coastal Erosion Planning and Response Act program is approved, H-GAC will request the necessary funds for construction of the project (approximately $34,000+). .:. US Fish and Wildlife Service (USFWS): The USFWS will contribute $10,000 to $15,000 as needed for the project's construction and habitat enhancement cost. .:. City of La Porte: The City of La Porte will make available $6,000 for force account labor. .:. Wetland Grass Donations: The Galveston Bay Foundation and the Natural Resource Conservation Service have nurseries of wetland grasses that can be used for the enhancement of the bayou. .:. Volunteer Work: The La Porte High School Nature Club has previously involved in wetland plantings and can be counted on to participate in the bayou enhancement in the Spring of 2001. Reauired Permits The Little Cedar Bayou erosion control project falls within a tidally influenced area that is over state submerged lands. In order to begin construction, the City of La Porte must obtain the necessary permits. The US Army Corps of Engineers (USACE) requires Section 404 and Section 10 permits. as well as a Section 401 certification from the TNRCC. The Texas General Land Office (GLO) requires a Coastal Land Use permit. The Texas Parks and Wildlife Department (TPWD) requires an Aquatic Vegetation Transplant Permit. .:. GLO Permits: A GLO permit is required for construction of the concrete block breakwater and the wetland grass planting. .:. USACE Permits: A Corps permit is required for the construction of the concrete block breakwater, and will also be required if any fill is done for the stabilization of the shoreline slope. ' .:. TPWD Permits: A Texas Parks and Wildlife Department permit will be required before any wetland grasses that are planted. Little Cedar Bayou Restoration and Enhancement Plan 15 . . . e e 6 Timeline Activity 1999 2000 2001 Nav Dee Jan Feb Mar Jun Jul Aua Oct Nav Dec Jan Apr May Create Work Groue Solidify the Plan Establish Fundina Present the Plan to La Porte City Council Secure Survey and Enaineer Reports Submit Permit Applications to the USACE and GLO Request Bids for Construction Purchase Concrete Blocks, Siems, & Seatina , Prepare Roads for Construction Begin Construction Submit Permit Application to TPWD Complete Construction Plant Wetland Grasses Evaluate Proiect Little Cedar Bayou Restoration and Enhancement Plan e e . Appendix A Proposed Scope of Work Little Cedar Bayou Park Erosion Abatement Project . . Little Cedar Bayou Restoration and Enhancement Plan 17 e e . CITY OF LA PORTE PROPOSED SCOPE OF WORK LITTLE CEDAR BAYOU PARK EROSION ABATEMENT PROJECT CONCRETE BLOCK BARRIER SCOPE OF WORK Section 1.Concrete Block Barrier: Contractor shall provide materials, equipment, and labor necessary to install +1- three hundred linear feet of Concrete Block, parallel to the south side of the channel at the mouth of Little Cedar Bayou, at its confluence with Galveston Bay. Contractor shall install the Concrete Block as shown on the attached diagram, at a height approximately equal to the mean high tide as determined by a survey provided by a Licensed State land Surveyor. Actual siting of the Concrete Block shall be accomplished in the field by Owner's Representative. The Concrete Block shall be pre-formed formed concrete, two feet by two feet by six feet (2')(2'XS') in length, with an average weight of +1- two thousand four hundred pounds. Owner shall fumish ingress and egress to the site. Contractor shall provide crushed Concrete Blocks in sufficient quantities to accomplish the project as shown on accompanying drawings. Contractor shall meet all federal, state, and local regulations pertaining to such operations and shall have a minimum of five years experience in provision of such operations in the area. Permits shall be obtained by the Owner for this project. Contractor shall commence work only after all necessary permits have been obtained. . Section 2.Shoreline Modification: Contractor shall provide materials, equipment and labor to modify the shoreline to the south of the Concrete Block barrier as follows: 1) remove existing trees, as designated by Owner, adjacent to the perimeter of the shoreline. Trees removed may be placed with other trees removed, as designated in Section 3 below. Contractor shall rough grade existing slope to fill depressions caused by removal of trees. Resulting rough slope shall be seeded by Owner after rough grading is completed. Section 3.Removal of Fallen Trees and Debris: Contractor shall provide materials, equipment, and labor necessary to remove all loose wood and fallen trees in excess of ten (10) linear feet in length, from the water filled area between the proposed Concrete Block barrier and the shoreline. Material removed shall be stacked at a point in the field to be determined by the Owner's Representative. After stacking, the removed wood and trees shall be covered with clean fill dirt to a depth of 12 inches. Owner shall seed area after fill dirt is added. Section 4.Completion Time: The successful bidder shall complete the project based on environmental conditions and prevailing tide conditions after receipt of Notice to Proceed. Section 5. Cleanup: Contractor shall remove and properly dispose of all debris, excess or leftover materials, forms, equipment, concrete clean-outs, or other item(s) associated with the completion of this project and not covered by the scope of work of the project; at his expense, and shall leave the surrounding area in the same condition as when the project began. . Section a.SILENCE OF SPECIFICATIONS: The apparent silence of these specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial service is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of these specifications shall be made on the basis of this statement. Contractor must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful contractor of his obligation to furnish all material and labor necessary to carry out the provisions of his contract. Insofar, as possible contractor, in carrying out his work, must employ such methods and means as will not cause any interruptions of or interference with the work of Little Cedar Bayou Restoration and Enhancement Plan 18 . . . e e any other contractor. Use of brand names in specifications is descriptive and not restrictive, and any product of equal quality will be considered. All exceptions to the specifications must be so stated on the bid. Little Cedar Bayou Restoration and Enhancement Plan 19 . . . Appendix B Photos of the Project Site e e Little Cedar Bayou Restoration and Enhancement Plan 20 . . . e e Little Cedar Bayou Restoration and Enhancement Plan 21 . . . e e Little Cedar Bayou Restoration and Enhancement Plan 22 o (i;;\ ~ ~ o o " Little Cedar Bayou Restoration and Enhancement Plan 23 e e I Date: "t...'2- ~-cro Name: - b rU - 5<!0~ Address: --1~OL... ~y; 6t"~ flJ, City, State, Zip: l oh ~o~ <rye 1167/ Subject on which I wish to speak: ..L~~ '5€~,~~ ~ ~ f~~.Q... Rot e e Date: 1... 2r-oD Name: l3 1\ I r:I(AS\'\-=R Address: S f~(P ~RtH UH\'i ~T" City, State, Z~ --1v ~ toR."f it I / '" . crt "1, g 'l ( Subject on which I wish to speak: Cfr~~t ~ ~~gj\;r>1eA~~ SUS. P'~'fJio/O I- .~ bi ~ €o iJ 'T D !, l::\-o /Lc S"...... F-/2.~ 01.<.. ~ ";"1"> "". "2 -2 <( - = . Mr. Black, Your Feb. 16, 2000 Bayshore Sun front page article "No Changes in Guidelines for 'atizen Input'" failed to state very important Fads that you were fully aware of. I believe fairness calls for you to give this response equaI space on the front page. You built your entin: slant on the shifting sand notion that "at least some council members felt my remarks were a ~" '0 Here is a concrete fact you knew and failed to slate. Presentation Notes Item # 3: which I read to Council exactly as stated below. "COMMON SENSE GOVERNMENT would like to Ihank: those members of Council that have kept their agreement and contract with the citizens OD this issue." As you see can see; I did not "threaten" 7 of the 9 Council Members; I gratefully thanked them for keeping their agreement with the dtiRns.. If the Mayor was not 'pushing for the project', as you stated. then my information about him was incorrect and he should not "feel threatened'" either. My statement about a petition of recall then, does Nor apply to 8 of the 9 Council Members. I had to speak to them as a group because their own Ordimpl~ 1435 mles of presentation to counsel require that I not address a Counsel Person individually.. o.but we are not in Council now, and I can openly Slate dJat all this poinIs directly at Mr. Potter; and he should take my Slatement about a petition for his recaJl as a statement offaet ... not a thmIt We owe Mr. Porter tbat information up front in clear language so he won '( be surprised when it happens. and Mr. Black; You left out the most important facts about why all this is ocaming. ~'~IJtlion Notes Item #2.: A brief recap of events. + "City COuncil responded to our petition of 576 cilizens by passing an ordinance to cancel Phase 1 fimding for one year fur the purpose of letting the citizens decide the issue in the Comprehensive Plan Review." +"The issue was Mci~ decisively and overwheJmirtgJy. The Phase 1 road was removed from the Compreheusive Plan. COMMON SENSE GOVERNMENT prevailed through the mtire process and through the III3IJCIM:IS we believe were bttended to limit our p:uticipaliOD. .. The Oti"<<m of Common Sense Govermnent haw kept tbeir agreement with Council. We bave gone through the political process as outliDecl by CounciL The Phase 1 mad bas been l'eIIKm:d from the Compreheosive.Plan, and we have WOD. And now we expect Council and the Zoning Board to honor Council's agteeIDCDl with the 0t.izaIs of Common Sense Government Mr. Po,ter is now attempting to dishonor the Council's agreemem and City's political pocess hP.amse his point ofview lost. Mr. Porter and aay Citizens waoting the Phase 1 road for their new found convenience should think about what the Counci18Dd Common Sense Gov~ aInlady know; they did not get involved in the Comprdu:usive.PJan process and they lost. And it's DOtjnst or ethical for them to ask to redo the process just ~se they IosL They'll get tIJeir chance again at the next Comprebeasive Plan review. Many dtizeIIs may JM)t bow what the "Phase 1 road" n:aJly was; so Id IiIm to ~mn It was a secret the City closely guardecI in it's ~propapDda about 1he mad. It was DOt a simple neigbbodlood (:OImIWiftgroad as Bob Benaa, the City MaDaga-, tried to get people to believe in.his 9-16-98 Bayshme Sun IItide.. ODe of our l\lU'!I1Iheai blew the whistle 011. the City's n:al iDteotiODS with a discovered City dnt!nnuant The Phase 1 mad was R:aDy the first of 3 pbases that would have tumed FmingIon Blvd. ad Lomax School Rd. into s 4 lane Highway c:oonet'fil'l FaiImout PaIkway to Hwy 225, 1bmugh 3 a1R:ady OWl crowdtd neighbodr.oods. Bob Henaa also srated in the 8IticIe dill the proposed Highway was cmly a "RumoT' 0 He did Ibis mdy 2 days after the Mayor fidly admowIedged plans for die highway existed ill his 9-14-98 Pasi1ion Paper. ][ daiDk: it is obvioqs that Bob Ifemu's sfatmnentJl were DOt anrect. The Conndl 1hm pISSed 811 CJIIfimmce slating it saw DO need fOr phases 2 &; 3. Based 011 bow the city attempted to disguise Phase 1 of the highway and bow Mr. Poi1er is now ~ to disIJonar the ~l's agreement and the poIidad pucess; many ofllS believe the ()I~ was ~ but a maneuver to le55eIll JP.J:i~ to PfJ8se 1 andl we believe that the City would have aU-oi4at Phases 2 and 3 on lIIeir migiDal Ir.hMn1e ifPllase I lIad been built You and the City Itave a:wm:pIsrined many times about OlD' use oflhe WOld Highway to describe die 3 phase project Aauallythe City's cumlIIt PImming~, Doug Kneupper was first iO call the 3 pbase project a Highw&y dDriDg our diassion of tile issue. I think lJc ~ VfZ1.lcnPcaI aod cxmect in his adl He Iikaled the JJlOIXl6c;dHighwayto UncbWuudRd. witJa.~,nised~~ ofa tmnlaDe.. e 7 e Citizens that have traveled Underwood Rd. know the speed limit is 50 MP.H. and that vehicles commonly exceed 60 MP.H. I ~ any reasonable person would call 4 concrete lanes of 60 +M.P.H. traffic that is bumper to bumper during rush hours...a Highway. Some people mighl even cal1it a Freeway. When we mised this issue I % years ago the ttaflic speeds on Undcnvood Rd. were nonnalIy 60 to 70 MP.H. I believe your readers disserve the facts and all the facts you are of aware of OD Ihe front page; and for you to keep your editorial sJaDt in the editorial section where it belongs. Thank you printing this and Thanks to the Citizens for reading it ~e~~ it , e GLEN MEADOWS PARTNERS 1300 POST OAK BLVD., SUITE 1110 HOUSTON, TEXAS 77056 626-2168 PAX 626-3701 DELIVER IOCicemb<ar I, 1994 OOIDo Shalla Blain~ ~Qyman 10274 North E St~~mt LQ Port$ 0 'lrn 71571. U g Glen >>Ieactowe" Section six (6) Fencing Along Our Nolrt.h lProp~rt.y MjllhC~ftt to 'SroW: Property D~ar ~. MilyJilmn: Glen 008adows, Section six (6) has been designed" ~n91ne~r~d ~nd conmtruc~e~ per m~rcv.d subdivision plans. OUr engin.@Te 1~ ooro J@hn Garn0r of M~lcipal Engineers and our contrac~or is PQB-~ey CODa'tmcto%'s. au&" lots will have rHA designed Type A dri\inQg~ 1::71 ~h 95' compaction of fill. OUr fencing along the north pro~rty 1~ ~@@i9ft(Bd t@ conu@J!. t.he fill placed on our lots. If we C@1fls~rnct. thill fGlncl'l, and eltaould the fencing failD for MY reason otRREi&" t.han n@nwl V(tQ~ and tIDllr, caW!llng any of our dirt to encroach Orli~O you&' pg'o!P<tny, w@ egr@Gl ~o fIx the fence. ~~ wo~l~ like yO"~ consent to remove the underbrush mn~ d~b~is which is overgroWlm across your barbed wire fence int.o O\!lr ~ropE!!lg'~Y in orela&" too promptly construct a fenc@ on cur pl!:'opert.y. It probably ~111 require removal of your existing fence sinc@ it ~y collllilptJtD elurlng &"@i\Oval of the underbrush and debrill tfhich is ~n~an~lea ~!thin ~e fence. W<i woulcSl ~ ClJlretegunl if you would consent to this r~quest Ialt th!~ tl~~ ~y mlwnlng below and returning one or191nal to us. CoX'cU,Q1.1y, GLEN ImAOOWS PARTRUmS James R. Holcomb mr. l}fark Lew!t1J - City of La porte AGRElilD .. ACCEPTED: ~ ~ ~- She le E a fte Ha n CATlg !)~, ."9&1 e e 5226 Glenpark Drive Pictures #001 e e 5222 Glenpark Drive Pictures #001 e e 5242 Glenpark Drive Pictures #001 ~ e e 5238 Glenpark Drive Pictures #001 e e 5234 Glenpark Drive Pictures #001 1./ ~ . I . e 5234 Glenpark Drive Pictures #002 ;1 "