HomeMy WebLinkAbout2001-02-26 Regular Meeting
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MINUTES OF THE REGULAR MEETING
CITY OF LA PORTE CITY COUNCIL
FEBRUARY 26, 2001
Next Ord. 2001-2468
Next Res. 2001-02
1. CALL TO ORDER
The meeting was called to order by Mayor Pro Tern Jerry Clarke at 6:00 P.M.
Members of City Council Present: Councilpersons Guy Sutherland, Chuck
Engelken, Peter Griffiths, Alton Porter, Charlie Young and Mayor Pro Tern Jerry
Clarke.
Members of City Council Absent: Mayor Norman Malone and Councilpersons
Howard Ebow and Deotis Gay.
Members of City Executive Staff and City Employees Present: City Manager
Robert T. Herrera, Assistant City Manager John Joerns, City Attorney Knox
Askins, City Secretary Martha Gillett, Director of Public Works Steve Gillett,
Parks and Recreation Director Stephen Barr, Finance Director Cynthia Alexander,
Assistant Police Chief Aaron Corrales, Lieutenant Carl Crisp, Assistant Public
Works Director Buddy Jacobs, Assistant Finance Director Michael Dolby, Parts
Manager Mike Collins, Secretary II Gay Collins, Emergency Services Director
Joe Sease, Equipment Services Superintendent Lee Allen and Retiree Bonnie
Lopez.
Others Present: Spero Pomonis, Colleen Hicks, David Webb, Phil Johnson, Dave
Turnquist, Linda Garcia and a number of citizens.
2. Reverend Rob Burnett, Victory Tabernacle, delivered the invocation.
3. Council considered approving minutes of the Regular Meeting of La Porte City
Council held February 12,2001.
Motion was made by Councilperson Engelken to approve the minutes of February
12, 2001. Second by Councilperson Young. The motion carried.
Ayes: Councilpersons Sutherland, Engelken, Griffiths, Porter, Young and Mayor
Pro Tern Clarke.
Nays: None
Abstain: None
4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, kND CITIZENS
AND TAXPAYERS WISHING TO ADDRESS COUNCIL
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City Council Minutes 2/26/01 - Page 2
The following citizens addressed City Council:
Austin Phillips - 500 S. Virginia, La Porte, Texas 77571 - Mr. Phillips visited the
City Council meeting this evening to earn hours towards a Boy Scout badge.
Dave Turnquist - 8503 Ashwyne, La Porte, Texas 77571 - Mr. Turnquist
informed Council he was brining this matter before them due to a request he
received on a homeowners website from another citizen. The concern is
motorcycles and four wheelers operating near the Brookglen flood control canal.
They are loud and disruptive to the residents in the subdivision even though there
is a posted sign.
Linda Garcia - 902 Maroby, Houston, Texas 77571 - Ms. Garcia presented City
Council with a packet and requested they consider changing the name of S.H. 225
to Juan N. Seguin Memorial Highway.
5. PRESENT A TIONS/PROCLAMA TIONS
B. Mayor Pro Tern Clarke proclaimed the month of March as "American Red
Cross Month".
C. Mayor Pro Tern Clarke proclaimed the week of March 5 through March 9 as
"Texas Public Schools Week".
D. Mayor Pro Tern Clarke proclaimed February 26,2001, as "Education
Foundation Celebration Day".
E. Michael Collins, Parts Manager in the Public Works Department, was honored
as Employee of the Quarter for the 4th quarter of2000.
F. Bonnie Lopez, recent retiree, was honored for her 20 years' service with the
City.
G. A certificate of achievement for financial reporting (CAFR) was presented to
The Finance Department.
6. Council considered a resolution authorizing the sale of tax acquired property to
Paul Schaider (Res. 2001-02).
Motion was made by Councilperson Porter to table this item until a future
meeting. Second by Councilperson Engelken. The motion carried.
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City Council Minutes 2/26/01 - Page 3
Ayes: Councilpersons Sutherland, Engelken, Griffiths, Porter, Young and Mayor
Pro Tern Clarke.
Nays: None
Abstain: None
7. Council considered an ordinance granting a permit under section 18-A-3 of
Ordinance No. 915, "Pipeline Transportation", to construct an 18-inch pipeline
for the transportation of refined petroleum products (Ord. 2001-915-TT).
The City Attorney read: ORDINANCE 2001-915-TT AN ORDINANCE
GRANTING A PERMIT UNDER SECTION 18-A-3 OF ORDINANCE 915,
"PIPELINE TRANSPORATION", BEING CHAPTER 18-A-3 OF THE CODE
OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, DATED
NOVEMBER 25, 1975 TO CONSTRUCT AN 18-INCH PIPE LINE FOR THE
TRANSPORTATION OF REFINED PETROLEUM PRODUCTS; PROVIDING
AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Engelken to adopt Ordinance 2001-915- TT
as read by the City Attorney. Second by Councilperson Griffiths. The motion
carried.
Ayes: Councilpersons Sutherland, Engelken, Griffiths, Porter, Young and Mayor
Pro Tern Clarke.
Nays: None
Abstain: None
8. Council considered an ordinance approving and authorizing a contract between
the City of La Porte and Claunch & Miller, Inc., for engineering design services
for improvements to lift station 40; appropriating not to exceed $24,250.00 to
fund said contract (Ord. 2001-2468).
The City Attorney read: ORDINANCE 2001-2468 - AN ORDINANCE
APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY
OF LA PORTE AND CLAUNCH AND MILLER, INC., FOR ENGINEERING
DESIGN SERVICES FOR IMPROVEMENTS TO LIFT STATION 40;
APPROPRIATING NOT TO EXCEED $24,250.00 TO FUND SAID
CONTRACT; MAKING V ARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Young to adopt Ordinance 2001-2468 as
read by the City Attorney. Second by Councilperson Porter. The motion carried.
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City Council Minutes 2/26/0 I - Page 4
Ayes: Councilpersons Sutherland, Engelken, Griffiths, Porter, Young and Mayor
Pro Tern Clarke.
Nays: None
Abstain: None.
9. Council considered an ordinance approving and authorizing a contract between
the City of La Porte and R.T.G. Building Company for construction of City Hall
expansion/renovations; appropriating $1,644,375.00 plus a contingency of
$82,219.00 to fund said contract (Ord. 2001-2469).
The City Attorney read: ORDINANCE 2001-2469 - AN ORDINANCE
APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY
OF LA PORTE AND R.T.G. BUIDLING COMPANY FOR CONSTRUCTION
OF CITY HALL EXP ANSION/RENOV A TIONS; APPROPRIATING
$1,644,375.00 PLUS A CONTINGENCY OF $82,219.00 TO FUND SAID
CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Sutherland to adopt Ordinance 2001-2469 as
read by the City Attorney. Second by Councilperson Griffiths. The motion
carried.
Ayes: Councilpersons Sutherland, Engelken, Griffiths, Porter, Young and Mayor
Pro Tern Jerry Clarke.
Nays: None
Abstain: None
10. Council considered an Ordinance authorizing the execution and delivery of a
Drainage easement dedication from the City of La Porte to the public (Ord. 2001-
2470).
The City Attorney read: ORDINANCE 2001-2470 - AN ORDINANCE
AUTHORIZING THE EXECUTION AND DELIVERY OF A DRAINAGE
EASEMENT DEDICATION FROM THE CITY OF LA PORTE TO THE
PUBLIC; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING
TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Young to adopt Ordinance 2001-2470 as
read by the City Attorney. Second by Councilperson Engelken. The motion
carried.
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City Council Minutes 2-26-01 - Page 5
Ayes: Council persons Sutherland, Engelken, Ebow, Griffiths, Porter, Young and
Mayor Pro Tem Jerry Clarke.
Nays: None
Abstain: None
11. Council considered ordinances authorizing the execution by the City of La Porte
of Industrial District Agreements with Southern Ionics Incorporated and Air
Liquide America Corporation (Ords. 2000-IDA-55 and 2000-IDA-56).
The City Attorney read: ORDINANCE 2000-IDA 55 - AN ORDINANCE
AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE AN
INDUSTRIAL DISTRICT AGREEMENT WITH SOUTHERN IONICS
INCORPORATED, FOR THE TERM COMMENCING JANUARY 1,2001,
AND ENDING DECEMBER 31, 2007; MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DA TE HEREOF.
ORDINANCE 2000-IDA-56 - AN ORDINANCE AUTHORIZING THE
EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT
AGREEMENT WITH AIR LIQUIDE AMERICA CORPORATION, FOR THE
TERM COMMENCING JANUARY 1,2001, AND ENDING DECEMBER 31,
2007; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO
THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made bv Councilperson Griffiths to adopt Ordinances 2000-IDA-55
and 2000-IDA-56 as read by the City Attorney. Second by Councilperson
Engelken. The motion carried.
Ayes: Councilpersons Sutherland, Engelken, Griffiths, Porter, Young and Mayor
Pro Tem Jerry Clarke.
Nays: None
Abstain: None
12. Council considered adopting ordinances authorizing the execution of a new
Industrial District Agreement with Phyto-Source and amending the existing
Industrial Agreement with Chusei.
The City Attorney read: ORDINANCE 2000-IDA-57 - AN ORDINANCE
AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN
INDUSTRIAL DISTRICT AGREEMENT WITH PHYTO-SOURCE, L.P., FOR
THE TERM COMMENCING JANUARY 1,2001, AND ENDING DECEMBER
31, 2007; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING
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City Council Minutes 2/26/01 - Page 6
TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LA W; AND PROVIDING AN EFFECTIVE DATE HEREOF.
ORDINANCE 2000-IDA-07-A - AN ORDINANCE AUTHORIZING THE
EXECUTION BY THE CITY OF LA PORTE OF AN AMENDMENT TO AN
INDUSTRIAL AGREEMENT WITH CHUSEI (U.S.A) INC., FOR THE TERM
COMMENCING JANUARY 1,2001, AND ENDING DECEMBER 31,2007;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Porter to adopt Ordinance 2000-IDA-57 and
amend 2000-IDA-07 as read by the City Attorney. Second by Councilperson
Young. The motion carried.
Ayes: Councilpersons Sutherland, Engelken, Ebow, Griffiths, Porter, Young and
Mayor Pro Tern Jerry Clarke.
Nays: None
Abstain: None
13. Council considered an ordinance approving and authorizing an agreement
between the City of La Porte and C.T. Brannon Corporation to provide
professional engineering services for the design and construction of San Jacinto
Pool replacement; appropriating $36,000.00 to fund said agreement.
City Attorney read: ORDINANCE 2001-2471- AN ORDINANCE
APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND C.T. BRANNON CORPORATION TO PROVIDE
PROFESSIONAL ENGINEERING SERVICES FOR THE DESIGN AND
CONSTRUCTION OF SAN JACINTO POOL REPLACEMENT;
APPROPRIATING $36,000.00 TO FUND SAID AGREEMENT; MAKING
V ARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Engelken to adopt Ordinance 2001-2471 as
read by the City Attorney. Second by Councilperson Sutherland. The motion
carried.
Ayes: Councilpersons Sutherland, Engelken, Ebow, Griffiths, Porter, Young and
Mayor Pro Tern Jerry Clarke.
Nays: None
Abstain: None
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City Council Minutes 2/26/01 - Page 7
14. Administrative Reports: City Manager Robert Herrera brought to Council's
attention that he would like to schedule a one-half day workshop on March 24,
2001. He also noted that there would be an Open House at the Original City Hall
on March 29, 2001. Also, he requested Ms. Gillett announce that ADA hearing
equipment had been installed in the City Hall Council Chambers for the hearing
impaired.
15. The following Councilpersons brought items to Council's attention:
Young, Porter, Griffiths, Engelken, Sutherland and Mayor Pro Tern Jerry Clarke.
16. EXECUTIVE SESSION - PURSUANT TO PROVISION FO THE OPEN
MEETINGS LAW, CHAPTER 551.071 THROUGH 551.084, TEXAS
GOVERNMENT CODE, - (CONSULTATION WITH ATTORNEY,
DE LIBERA TIONG REGARDING REAL PROPERTY, DELIBERATION
REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL
MATTERS, CONFERENCE WITH EMPLOYEES AND DELIBERATION
REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS
DURING EXAMINATION OF ANOTHER WITNESS IN AN
INVESTIGA TION)
551.072 (Consultation with Attorney)
Meet with City Attorney and City Manager to discuss land acquisitions.
Council retired into executive session at 7:26 p.m.
17. Consideration and possible action on items considered in Executive Session.
Council returned to the table at 7:59 p.m.
There was no action taken.
18. Adjournment
There being no further business to come before the Council, ~he meeting
adjourned at 8:00 p.m.
Respectfully submitted,
~fJAJJr~a. IIJJA:4
Martha A. Gillett
City Secretary
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City Council Minutes 2/26/01 - Page 8
Passed and approved on this 19th day of March 2001.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Februarv 26. 2001
Appropriation
Requested By: ~)'nthia Alexander
Source of Funds: N/A
Department: Finanee
Account Number:
Report:
Resolution: XX Ordinance:
Amount Budgeted:
Exhibits:
HCAD Map
Amount Requested:
Exhibits:
Property Offer
Budgeted Item: YES NO
Exhibits:
HCAD Appraisal Record
SUMMARY & RECOMMENDATION
On February 2,2000, property located at 513 S Virginia Street was offered for public bid via a "Sheriffs
Sale". This property was offered because the property owner had not paid taxes on the property for
several years. When no one bid on the property, the title to the property reverted to the La Porte Tax
Office as Trustee for the City of La Porte, the La Porte Independent School District and Harris County.
The property comprises 1 city lot and 2 partial lots and is approximately 61.50' by 130', or 7,995 square
feet. The property also contains a house, which is in a state of disrepair.
The La Porte Tax Office has actively marketed this property for resale and received several bids on the
property. The fIrst bid was for $4,000 and the fInal bid was for $5,500. The $5,500 bid is a bid by Paul
and Elaine Schraider, who own property adjacent to the property being resold.
The property is on the Harris County Appraisal District Roll with an appraised value of $29,300.
Delinquent Taxes on the property total approximately $21,500 (12 years worth). Since the offer received
for the resale is less than either of these values, it requires approval by each of the three taxing entities
before the resale can take place. If all three entities approve, the sale will occur with each entity receiving
its pro-rata share of the tax distribution.
Even though we are reselling this property for less than is due on the property, staff believes the
absorption of the loss is necessary to get the property into the hands of a owner who will care for and
maintain the property as well as pay taxes on it in the future. The improvement to the property is a
building that is in ill-repair. It is the responsibility of the purchaser to demolish the existing structure.
ACTION REQUIRED BY COUNCIL:
Approve resolution authorizing the resale of the tax properties to Paul and Elaine Schaider.
FUND N/ A
ACCT NUM:
FUNDS AVAILABLE:
APPROVED FOR CITY COUNCIL AGENDA
~J,.J. ,. ~~ ..
ROBERT T. HERRERA, CITY MANAGER
;)... a~- () \
DATE
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THE ATTACHED ITEM WAS
PREVIOUSLY TABLED ON FEBRUARY
26, 2001 AND MARCH 16, 2001 WITH
RESOLUTION NO. 2001-02.
THE RESOLUTION WAS PASSES ON
APRIL 8, 2002. RESOLUTION NO. 2002-21
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RESOLUTION 01- /Jew:f:b ;}008-;2-2-
1t6jJ~J}ed "1-jM'5~d t)() 1/1/0f
RESOLUTION AUTHORIZING THE RESALE OF CERTlfIN-PROPERTYI'
TO PAUL AND ELAINE SCHRAIDER
WHEREAS the City of La Porte (City), in the course of its function as a taxing entity in the State of
Texas, obtains title to real property in the capacity as Trustee for itself and other taxing units that tax the
property; and
,
WHEREAS it is necessary for various reasons that some of the property so obtained must be resold by
the taxing units for less than the aggregate amounts of taxes, penalties, interest and costs; and
,
WHEREAS Section 35.05 of the Texas Property Tax Code requires that when real property is sold for
less than the aggregate amount of taxes, penalties, interest and costs, the sale must be approved by all
. taxing units that tax the property;. and
WHEREAS the City has adopted procedures designed to provide all parties the opportunity to submit
offers to purchase such real property and to secure the best offer for such property that is sufficient to pay
at least the costs of suit and sale of such property; and
WHEREAS it is desirable that resale of the property be free and clear of all claims of the taxing units, for
all taxes, penalties interest and costs that have accrued up to the date of resale
BE IT ~SOL YED BY THE CITY COUNCIL OF THE CITY OF LA PORTE,
Section 1. That the City of La Porte, as Trustee, resell the real Pf9perty described in the attached Exhibit
"A", for the amounts set for on said Exhibit "A", in full satisfactibn of taxes, penalties, interest and costs
that have accrued on the property up to the date of sale, subject to the approval of such resales by official
action by the governing bodies of the La Porte Independent School District and Harris County.
Section 2. That the City Council officially finds, determines, recites and declares that a sufficient written
notice of the date, hour, place and subject of this meeting of the City Council was posted at a 'place
convenient to the public at the offices of City of La Porte for the time required by law preceding this
meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this
meeting has been open to the public as required by law at all times during which this resolution and the
subject matter thereof has been discussed, considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the contents and posting thereof.
PASSED AND APPROVED this the 26th day of February 2001.
CITY OF LA PORTE, TEXAS
Norman Malone, Mayor
A TIEST:
APPROVED:
Martha Gillett, City Secretary
Knox Askins, City Attorney
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RESOLUTION 01-
RESOLUTION AUTHORIZING THE RESALE OF CERTAIN PROPERTY
TO PAUL AND ELAINE SCHRAIDER
WHEREAS the City of La Porte (City), in the course of its function as a taxing entity in the State of
Texas, obtains title to real property in the capacity as Trustee for itself and other taxing units that tax the
property; and
WHEREAS it is necessary for various reasons that some of the property so obtained must be resold by
the taxing units for less than the aggregate amounts of taxes, penalties, interest and costs; and
WHEREAS Section 35.05 of the Texas Property Tax Code requires that when real property is sold for
less than the aggregate amount of taxes, penalties, interest and costs, the sale must be approved by all
taxing units that tax the property; and
WHEREAS the City has adopted procedures designed to provide all parties the opportunity to submit
offers to purchase such real property and to secure the best offer for such property that is sufficient to pay
at least the costs of suit and sale of such property; and
WHEREAS it is desirable that resale of the property be free and clear of all claims of the taxing units, for
all taxes, penalties interest and costs that have accrued up to the date of resale
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE,
Section 1. That the City of La Porte, as Trustee, resell the real property described in the attached Exhibit
"A", for the amounts set for on said Exhibit "A", in full satisfaction of taxes, penalties, interest and costs
that have accrued on the property up to the date of sale, subject to the approval of such resales by official
action by the governing bodies of the La Porte Independent School District and Harris County.
Section 2. That the City Council officially finds, determines, recites and declares that a sufficient written
notice of the date, hour, place and subject of this meeting of the City Council was posted at a place
convenient to the public at the offices of City of La Porte for the time required by law preceding this
meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this
meeting has been open to the public as required by law at all times during which this resolution and the
subject matter thereof has been discussed, considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the contents and posting thereof.
PASSED AND APPROVED this the 26th day of February 2001.
CITY OF LA PORTE, TEXAS
Norman Malone, Mayor
ATTEST:
APPROVED:
Martha Gillett, City Secretary
Knox Askins, City Attorney
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EXHIBIT A
TAX RESALE PROPERTY TO BE SOLD TO PAUL AND ELAINE SCHRAIDER
FOR A TOTAL AMOUNT OF
$5,500.00 (FIVE THOUSAND FIVE HUNDRED DOLLARS).
TRACT 1: LOTS LOT 8 & THE SOUTH 7 FEET OF LOT 9 & THE NORTH 4.58 FEET OF LOT 10
& ADJACENT STRIP OF BLOCK 240 SAN JACINTO HOMES, ACCORDING TO THE MAP OR
PLAT THEREOF RECORDED IN THE MAP RECORDS OF HARRIS COUNTY, TEXAS, AND
COMMONLY KNOWN AS 513 S VIRGINA STREET, LA PORTE, TEXAS 77571.
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REAL PROPERTY OFFER FORM
OFFER TO PURCHASE PROPE:RTY FROM THE CITY OF LA PORTE. TRUSTEE
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SWORN TO AND 9UB~GR~ED ,~~FO,RE ME. THE UNO~R~IGNED AUTHORaTY. ON THIS
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NOTA Y UBLlG. STATE' OF TI;XAS
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CITY OF LA PORTE
HeAD: Appraisal Record Det_
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Page 1 of2
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Real: Account Number 'Address Owner Name
Personal: Account Number Address Owner Name
Real Property Account
HCAD Account # : 06~0990060001
Tax Year: 1999
Owner Name : SP~IN~ER ~RllL
Owner Address: 5q S VI.,RGINIA 51'
LA PORTE 1X 77511-5470
Property Address : 5~3,S VIRGINIA 51'
LA PQRTE 1X 17571
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Legal Description : L T~tJ &. ~ &. S 7 fT OF IL T 7 &
N4~58 f.T OF IT 10 &. AD] STRIP
BLt< 240
SAN J~CINTO HOMES
State Class Code: Pol -,. Real, Residential, Single-Family
Homestead Exemption : --
Special Exemption : -.,.
Jurisdiction Codes: 020 040 047 on.
, Overlapping CAO ; No
Capped Account: No
Notice Date : 04/~2/j],!9l99
ARB Approved: 08/13/U199
Value Status : An VaillJElz
Certified
(
Your taxes will be based on Appraised Value, less applicable exemptions, if any.
Use market value for comparison with your neighbors.
Valuation: Previous Change Appraised Market Value
~
Land: 8,000 (Q) 8,000
Improvement: 21,300 (Q) 2.1,300
Ag/Tmbr/~pc : (0) <<ll IQ)
Total Value: 2~,300 0 29,300 Z.~,30(\)
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For any problems or questions with any account, please email Accol!nt Questions with
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technical questions (and technical questions only), please email the webmaster.
Home
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New!
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http://data.hcad.org/cgi-binlAV/ A VDetail.asp?acct=06909900600Q7
3/23100
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REQUEST FOR CITY COUNCIL AGENDA ITEM
ADDrODriation
Requested By: S. Gillett
Source of Funds: N/A
Account Number: N/A
xx
Amount Budgeted: Nt A
Amount Requested: N/A
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
The City of La Porte has received a request from Universal Ensco, Inc. on behalf of Amoco
Pipeline Company to construct a pipeline within the City, as illustrated on the attached plat. The
request is to construct an eighteen-inch (18") refined petroleum products pipeline. The pipeline
will transport gasoline, diesel, jet fuel, heating oil, and kerosene at a temperature of between 600
and 800 F at a maximum pressure of 944 psig.
The request meets all requirements of Ordinance 915. The application fee of1/300.00 and the
first year's permit fee of$200.00 has been paid. Any future relocation of the pipeline permitted
within the City, State or County rights-of-way shall be at the sole expense of the permittee.
Action Required bv Council: Approve Ordinance No. 2001-915-TT approving a permit to
Amoco Pipeline Company for an eighteen-inch (18") refined petroleum products pipeline.
Approved for City Council Aeenda
~J.U~
Robert T. Herrera, City Manager
a..~o -0\
Date
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ORDINANCE NO. 2000-915-TT
AN ORDINANCE GRANTING A PERMIT UNDER SECTION 18-a-3 OF ORDINANCE
NO. 915, "PIPELINE TRANSPORTATION", BEING CHAPTER 18-A OF THE CODE
OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, DATED NOVEMBER 25,
1975, TO CONSTRUCT A 18-INCH PIPE LINE FOR THE TRANSPORTATION OF
REFINED PETROLEUM PRODUCTS; PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1.
The City Council of the City of La Porte has
received an application dated January 4, 2001, from AMOCO PIPELINE
COMPANY, requesting a permit under section 18-A-3 of Ordinance 915,
being Chapter 18-A of the Code of Ordinances of the City of La
Porte, to construct and operate its 18-inch steel pipe line for the
transportation of REFINED PETROLEUM PRODUCTS, crossing the City of
La Porte, all as shown on said application.
The application of
AMOCO PIPELINE COMPANY has been reviewed by the City's Director of
Public Works, who has found that said application meets all
requirements of said Ordinance No. 915, and has recommended its
approval.
section 2. The City council of the City of La Porte hereby
approves the application of AMOCO PIPELINE COMPANY, dated January
4, 2001, and this Ordinance shall constitute a permit to AMOCO
PIPELINE COMPANY to operate said pipe line within the City of La
Porte, all in conformance with the requirements of Ordinance No.
915, contingent upon its filing with the City of La Porte prior to
commencement of construction, copies of its permits from the Texas
Department of Highways and Transportation; Harris County; and the
Harris County Flood Control District. Any future relocation of the
pipe lines herein permitted, within the city, State, or county
rights-of-way, shall be at the sole expense of permittee.
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section 3. This Ordinance shall be in full force and effect
from and after its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 26th day of February, 2001.
CITY OF LA PORTE
By:
NoCan~ ~
Mayor
ATTEST:
lJ!L~~qi!~
City Secretary
AOZx~
Knox W. Askins
City Attorney
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CITY OF LA PORTE
P.O. BOX 1115 · LA PORTE, TEXAS 77572-1115 · 281/471-5020
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CHECK / MONEY ORDER NO.
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DATE INVOICE NO, " DESCRIPTION AMOUNT DISCOUNT NET AMOUNT
01/04/0c 010401 PERt-lIT FEES 500.00 500.00
UNIVERSAL ENSCoe'C,
tt 264929
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UNIVERSAL
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UNIVERSAL ENSCO, INC.
Robert E. McFadden
President
January 4,2001
City of La Porte
P. O. Box 1115
La Porte, Texas 77572-1115
Attention:
Subject:
City Secretary
BP Amoco Corporation, 18 Inch Refined Petroleum Products Pipeline
Pipeline Permit Ordinance Request
APL-3348-01-001
City Secretary:
The BP Amoco Corporation (BP Amoco) has requested the assistance of Universal Ensco, Inc.
(UBI) in the engineering and design of relocating one (1) eighteen inch (18") refined petroleum
products pipeline. The Union Pacific Railroad is expanding the Strang Rail Yard and has
requested BP Amoco to relocate its pipeline. BP Amoco is submitting to the La Porte City
Council its Pipeline Permit Ordinance Request.
The present 18 inch pipeline is in the Union Pacific Railroad right-of-way from Fairmont
Parkway northward to Texas Highway 225 and parallels Texas Highway 225 within the Union
Pacific Railroad right-of-way to within approximately one mile of Beltway 8. At this point it
crosses Texas Highway 225 and enters Shell Refining Company property.
The proposed pipeline route within the City of La Porte begins near the intersection of Fairmont
Parkway and Union Pacific Railroad crossing the Union Pacific Railroad, Harris County Flood
Control Ditch (AI 04-07) and Bay Area Boulevard. The route parallels Fairmont Parkway on the
south side for several miles going west crossing Bay Park Road, Big Island Slough (Harris
County Flood Control Ditch B 1 06-00), and Underwood Road to a H. L. & P. Corridor where it
turns north. The route continues north crossing Fairmont Parkway, Willow Spring Bayou (Harris
County Flood Control Ditch B112-02), and Spencer Highway. The pipeline leaves the City of
La Porte and continues north in the H. L. & P corridor.
713/977-7770 FAX 713/977-5143 WATS 1-800.966.1811 1811 Bering Drive Houston, TX 77057.3100 P.O, Box 570248 Houston, TX 77257-0248
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City Secretary
City of La Porte
January 4, 2001
Page 2 of4
The proposed new route and the existing pipeline route for the relocated portion of the 18"
pipeline are shown on the attached drawing numbers 3348D-1503 and 3348D-1504. The
pipeline is owned and operated by:
Amoco Pipeline Company
28100 Torch Parkway, Suite 800
Warrenville, IL 60555
This name and address is requested to be used on the permit documents.
The new pipeline specifications are:
· Mainline - 18.000" O.D. x 0.281" W.T., API-5L-X42, ERW, with 14-16 mils ofFBE
coating.
· Exxon Corridor - 18.000" O.D. x 0.344" W.T., API-5L-X42,ERW, with 14-16 mils
ofFBE coating.
· Exxon Corridor Road Crossings - 18.000" O.D. x 0.500" W.T., API-5L-X42, ERW,
with 14-16 mils ofFBE coating, and Powercrete Coating.
· Road Crossings - 18.000" O. D. x 0.344" W.T., API-5L-X42, ERW, with 14-16 mils
ofFBE coating, and Powercrete Coating.
· Directional Drills - 18.000" O.D. x .500 W.T., API-5L-X42, ERW, with 14 - 16 mils
ofFBE coating, and Powercrete Coating.
The pipeline will transport refined liquid petroleum product such as gasoline, diesel, jet fuel,
heating oil, and kerosene. Flowing temperature of the product will be ambient ground
temperature between 600 and 800 F. The new pipeline is being designed and constructed to a
maximum allowable operating pressure of 944 psig under the Code of Federal Regulation, Title
49, Part 195, "Transportation of Hazardous Liquids by Pipeline", ASME B31.4, "Liquid
Transportation Systems For Hydrocarbons, Liquid Petroleum Gas, Anhydrous Ammonia, and
Alcohols", and "City of La Porte, Pipeline Permit Requirements, Ordinance 915". The pipeline
will be install with a minimum cover of 4 feet; the street crossings will have 6 feet minimum
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City Secretary
City of La Porte
January 4,2001
Page 3 of 4
cover; and all permitted ditches from the Harris County Flood Control District (HCFCD) will
. pass 5 feet below the HCFCD's ultimate design. All street crossings will be conventionally
bored. The Union Pacific Railroad crossing, HCFCD Ditch AI04-07-00, Big Island Slough
(HCFCD Ditch B 1 06-00-00) and HCFCD Ditch B 1 09-00-00 will be directionally drilled or
guided pilot bored.
BP Amoco proposes to start construction in late 1st Quarter or early 2nd Quarter, 2001.
Construction time is estimated at seventy-two (72) working days with completion and
demobilization in June, 2001.
The abandoned 18" pipeline will be emptied by displacing the line fill with nitrogen, after which
the pipeline will be pumped full of concrete and abandoned in place. There will be
approximately nine (9) miles of abandoned pipeline in the Union Pacific Railroad right-of-way.
A check in the amount of $500.00 is enclosed for the permit fee of $300.00 and the first year
annual fee of $200.00. Copies of permit drawings for the Union Pacific Railroad and Harris
County Flood Control District are included for those crossings located in the City of La Porte.
It is hoped this application will meet with the City of La Porte's City Council approval. If
additional information is required, please contact:
Mr. Ron Whaley, Project Manager
Universal Ensco, Inc.,
1811 Bering,
Houston, Texas 77057
Phone: 713-977-7770 ext. 1226
City Secretary
City of La Porte
January 4,2001
Page 4 of 4
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Thank you for your assistance and support.
Sincerely,
UNIVERSAL ENSCO, INe.
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Ron Whaley
Project Manager
cc: Nik Gandhi
File 3348/3.3
Attachment: 2 Sets of plans each containing:
USGS Maps - 2
Union Pacific Railroad Permit Drawing - 1
Harris County Flood Control Permit Drawings - 3
Street Crossing Permit Drawings - 5
UEI Alignment Drawings - 9
Exxon Corridor Drawings - 4
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Public Works
Agenda Date Requested: Februa
Appropriation
Requested By: S. Gillett
Source of Funds:
Utility CIP
Department:
Account Number: 003-9890-814-1100
Report:
Resolution:
Ordinance:
xx
Amount Budgeted: $250,000
Ordinance
Amount Requested: $24,250
Exhibits:
Exhibits:
Contract for En2ineerin2 Services
Budgeted Item: YES
Exhibits:
SUMMARY & RECOMMENDATION
An engineering evaluation was performed last year for Lift Station # 40, which serves the former Bayshore
Municipal Utility District. The Study, performed by Claunch & Miller, Inc., identified improvements to the facility
to rehabilitate the structural, mechanical and electrical systems, and to provide additional capacity to serve
undeveloped areas of south La Porte. Proposed improvements include removal of existing pumps and control
system, cleaning and recoating wet well walls and replacement of control system and pumps. The pumps will be
replaced with submersible type pumps, which will require modifications to the wet well top and hatch opening.
Existing flow will be bypass pumped during construction of the proposed improvements.
Claunch & Miller has submitted a proposal to perform engineering design services for this Project. The costs
associated with this Project are as follows:
Final Design Phase
Construction Phase
Total Engineering
$20,250.00
4.000.00
$24,250.00
Adequate funding is available for the engineering phase of this Project.
Action Required bv Council: Approve an ordinance authorizing the City Manager to execute a contract
with Claunch & Miller, Inc. to perform engineering design services for the Lift Station 40 Project in an
amount not to exceed $24,250.00.
Approved for City Council A2enda
~ t. \~~
Robert T. Herrera, City Manager
~..~() .O(
Date
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ORDINANCE NO. 2001-~1-f II ~
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY
OF LA PORTE AND CLAUNCH & MILLER, INC., FOR ENGINEERING DESIGN
SERVICES FOR IMPROVEMENTS TO LIFT STATION 40; APPROPRIATING NOT TO
EXCEED $24,250.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS
AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
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 descr ibed in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute such
document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents.
The City Council appropriates the sum not to exceed
$24,250.00 from the Utility Capital Improvement Fund 003 to fund
said contract.
Section 2.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and 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.
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ORDINANCE NO. 2001-~~U~
PAGE 2
section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this~ftrII- day of rr!BeUJiJY , 2001
By:
CITY OF LA PORTE
N~:( f/~
Mayor
ATTEST:
~;;!!JP!!!!~~~tf1.JJj)j
City Secretary
Knox
City
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AGREEMENT FOR SERVICES
This Agreement entered into as of the {)~-H- day of EEa, J-rol ,
A.D., by and between Claunch & Miller, Inc. hereinafter referred to as the "Consultant", and the
City of La Porte, Texas, hereinafter referred to as the "Client".
WITNESSETH
WHEREAS, the Client has requested various services of the Consultant
with respect to engineering design and preparation of contract documents for the construction of
the proposed lift station improvements (hereinafter referred to as the Project).
NOW, THEREFORE, Client and Consultant hereby agrees as follows:
1. Engagement of Consultant ~ Consultant hereby agrees to perform
the services required under the scope of services related to the Project, and to provide Client with
copies of the information, opinions, design calculations and contract documents made the basis of
the scope of the services, which is set out in Attachment "A" and made a part of this contract.
Consultant agrees to initiate services upon receipt of an executed copy of this Agreement.
2. A vailabilirv of Information ~ Client agrees to provide Consultant with
all available information pertinent to the Project. Client will also provide copies of reports,
drawings, and other data, and will, at Consultant's request, provide written authorization to
review Client's files relative to the Project which may be in possession of third parties.
Consultant agrees to return all original documents to Client upon completion of the Project, but
reserves the right to make and keep reproducible copies of all such material.
3. Access to Facilities, Client will provide access for the Consultant to
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enter the property and facilities of Client, as necessary for Consultant to perform services as
required under the Project.
4. Instruments of Service - All documents prepared in accordance with
this contract including exhibits, field notes, laboratory data, original drawings, and specifications
are the property of the Client. The Consultant is given the right to use any of this data in
connection with future engineering projects. The Consultant may retain copies or reproducibles
of any information prepared for this Project.
5. Determination of Fees - The fees for the scope of services as stated in
Attachment "A" provided by Consultant under this agreement will be based on a Lump Sum
Amount of $24,250.00 for design and construction administration.
6. Pavment and Fee Schedule - The Consultant will submit a monthly
invoice for services rendered. The invoice will be based upon the Consultant's estimate of the
proportion of the total services actually completed at the time of the invoice for design and
construction administration. Services will be invoiced using the following fee schedule:
Final Design:
$ 20,250.00
Construction Administration: $ 4,000.00
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7. Terms of Payment - Payment of fees as determined under Paragraph 5
herein above shall be due and payable by Client within thirty (30) days following receipt of
Consultant's monthly invoice.
8. Additional Services - Additional services beyond those described in
the Scope of Services will be invoiced on the basis of direct labor cost times a factor of 2.99 and
direct cost plus 10%.
9. Termination - The Client may terminate this contract at any time by
giving seven (7) days' notice in writing to the Consultant. In that case, all finished or unfinished
documents and other materials produced under this contract, shall become the Client's property.
If the contract is terminated by the Client in accordance with this provision, Consultant shall be
paid for all services performed to the date of termination. Consultant may terminate this
contract upon seven days' written notice in the event of substantial failure by the Client to
perform in accordance with the terms hereof through no fault of the Consultant.
10. Governing' Law - This Agreement shall be deemed to have been made
under, and shall be construed and interpreted in accordance with the laws of the State ofTexas~
The venue of any suit for enforcement or construction of this contract shall be in Harris County,
Texas.
11. Dispute Resolution - The parties will attempt in good faith to resolve
any controversy or claim arising out of or relating to this agreement promptly by negotiation
between senior executives of the parties who have authority to settle the controversy.
The disputing party shall give the other party written notice of the dispute. Within ten days after
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receipt of said notice, the receiving party shall submit to the other a written response. The notice
and response shall include (a) a statement of each party's position and a summary of the evidence
and arguments supporting its position, and (b) the name and title of the executive who will
represent that party. The executive shall meet at a mutually acceptable time and place within
twenty days of the date of the disputing party's notice and thereafter as often as they reasonably
deem necessary to exchange relevant information and to attempt to resolve the dispute.
If the controversy or claim has not been resolved within thirty days of the meeting of the senior
executives, the parties shall endeavor to settle the dispute by mediation under the Construction
Industry Mediation Rules of the American Arbitration Association.
If the matter has not been resolved pursuant to the aforesaid mediation procedure within ninety
days of the commencement of such procedure, (which period may be extended by mutual
agreement), or if either party will not participate in such procedure, the controversy shall be
settled by arbitration in accordance with "American Arbitration Association Construction
Industry Arbitration Rules" by a sole arbitrator. The arbitration shall be governed by the United
States Arbitration Act, 9 U.S.C & 1-16, and judgment upon award rendered by the Arbitrator
may be entered by any court having jurisdiction thereof. The place of arbitration shall be Harris
County. The arbitrator is not empowered to award damages in excess of actual damages,
including punitive damages.
IV
first written.
ATTEST:
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ENTERED INTO AND AGREED by the parties hereto as the day and year
CLAUNCH & MILLER, INC.
Consultant / /J /J
BY: ~10~ t ~
CHRISTOPHER . CLAUNCH, P.E.
President
CITY OF LA PORTE, TEXAS
Client
By:G~ UJ)~
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CLA UN CH & MILLER, IN C.
Engineering Consultants
ATTACHMENT "A"
January 17, 2001
Mr. Steve Gillett
Director of Public Works
P.O. Box 1115
La Porte, TX 77572-1115
RE: Engineering Services for Design of Lift Station #40
Dear Mr. Gillett:
Claunch & Miller, Inc. (CMI) is pleased to submit this proposal for providing engineering design
services on the above referenced project.
DESCRIPTION OF PROTECT
CMI prepared a report, entitled "Lift Station #40 Evaluation" for the City of La Porte in December
of 1999. The report provides an evaluation of Lift Station #40 and the 10" and 12" force main
extending to the Gulf Coast Waste disposal Authority's (GCWDA) Bayport treatment plant. Lift
Station #40 is located near the southern limits of the City in the Shady River Subdivision. Future
development in the southern limits of the City is anticipated and the City desires to upgrade the
station to serve additional developed areas. The City also desires 1:0 rehabilitate the structural,
mechanical and electrical systems of the station and replace the existing suction lift pumps with
submersible type pumps.
The report recommended improvements to the lift station consisting of the removal of the existing
pumps and control system, cleaning and recoating the wet well walls and replacement of the control
system and pumps. The pumps will be replaced with submersible type pumps which will require
modifications to the wet well top and hatch opening. Existing flow to the wet well will have to be
bypassed during the construction of the proposed improvements.
The preliminary estimated cost for the construction of the improvements was estimated to be
$196,400.00.
Page 1 of 5
3701 Kirby Drive, Suite 860. Houston, Texas 77098. (713) 524-7113
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SCOPE
The scope of engineering services is as follows:
Survev Services
. Survey services will consist of field measuring and sketching the existing wet well and
improvements to augment City supplied data.
. Vertical elevation information will be based on the City of LaPorte datum, if
available.
Geotechnical Service
. No geotechnical services will be obtained for this project.
DESIGN ENGINEERING PHASE
. Prepare detailed plan and profile drawings of the final design as presented in the engineering
evaluation report.
. Provide plans for electrical and control systems.
. Prepare contract specifications for the project suitable for bidding.
. Prepare an update of the construction cost based on the final design.
. Furnish five (5) sets of construction documents for the project to the City of La Porte.
CONSTRUCTION ADMINISTRATION PHASE
. Assist the City in obtaining bids for the Projects.
. Dispense construction documents from CMI's office to potential bidders.
. During the bidding process, provide information to and answer questions from potential
bidders concerning the Project's construction documents.
. Evaluate the bids and the qualifications of the apparent low bidders and advise the City as to
the acceptability of the apparent low bidders.
Page 2 of 5
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. Act as the City's Project representative during the construction phase.
. Review and respond accordingly to all submittals as required by the contract specifications.
. Consult and advise the City; issue all instructions to the Contractor requested by the City;
and prepare and issue, as required, change orders with the City's approval.
. Review the contractor's pay estimates, evaluate the completion of work and make payment
recommendations to the City.
. Visit the site at intervals appropriate to the various stages of construction to observe the
progress and quality of executed work and to determine in general if such work is proceeding
in accordance with the Contract Documents. Such site visits are intended to be periodic in
nature and are not intended to be full time site representation.
. Claunch & Miller, Inc. (CMI) will not be responsible for the means, methods, techniques,
sequences or procedures of construction selected by the Contractor(s) or the safety
precautions and programs incident to the work of the Contractor(s). CMI's effort will be
directed toward providing a greater degree of confidence for the City of La Porte that the
completed work of Contractor (s) will conform to the Contract Documents, but CMI will not
be responsible for the failure of Contractor(s) to perform the work in accordance with the
Contract Documents.
. Conduct a final inspection of the project upon completion of the construction. Prepare a
punch list of items to be completed by the contractor prior to final payment. Verify that the
punch list items have been addressed to the City's satisfaction prior to final payment.
. Prepare a recommendation for Final Payment for the project.
. Provide as~built drawings based on contractor's redlines.
Page 3 of 5
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ADDITIONAL SERVICES
. "Additional Services" shall only be performed when directed by the City to CM!. These
services are not considered normal or customary engineering services.
. Services resulting from significant changes in the extent of the Project or its design including
but not limited to changes in size, complexity, the City's schedule, or character of
construction or method of financing; and revising previously accepted studies, reports design
documents or Contract Documents when such revisions are due to causes beyond CMI's
control.
. Preparing documents for alternate bids requested by the City or documents for out of
sequence work.
. Preparing to serve or serving as a consultant or witness for the City in any litigation, public
hearing or other legal or administrative proceeding involving the Project.
. Additional or extended services during construction made necessary by (1) work damaged by
fire or other cause during construction, (2) a significant amount of defective or neglected
work of Contractor(s), (3) prolongation of the construction contract time, (4) acceleration of
the progress schedule involving services beyond normal working hours and (5) default of
contractor
CMI will endeavor to apprise the City of any potential additional or extended services which
may result from the above listed 5 items, prior to CMI's expenditure of time on such services.
As previously noted, any such extended or additional services shall only be performed when
directed by the City to CM!.
. Additional services not otherwise provided for in the scope of services.
Page 4 of 5
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FEE
Final Desie:n Phase
Claunch and Miller, Inc. will perform the Final Design Phase for the Lump Sum amount of:
$20,250.00
Construction Administration Phase
Claunch and Miller, Inc. will perform the Construction Administration Phase for the Lump Sum
amount of:
$4,000.00
TOTAL
$24,250.00
Additional Services
Additional services beyond those described in the Scope of Services will be invoiced on the basis
of direct labor cost times a factor of 2.99 and direct cost plus 10%.
FEE SCHEDULE
Claunch & Miller, Inc. will submit monthly progress invoices for all engineering work completed
to invoice date. The invoices would be based on a percentage of completion of each phase
applied to the lump sum fee.
Claunch & Miller, Inc. appreciates the opportunity to submit this proposal and to continue
working for the City of La Porte.
Sincerely,
fC..H~IL~ I P. z:
~mes E. Thompson, P.E.
Senior Project Manager
JET /md
Page 5 of 5
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: February 24 2001
Requested By: Doug Kneuppe~ /'
Department: Planning '-7V -1
Source of Funds: 2000 G.O. Bonds ($1,500,000)
97-98 Gen Fund ($360,000)
98-99 Gen Fund ($360,000)
Account Number: 015-9892-758-5110
Report: _Resolution: _Ordinance: ~
Amount Budgeted: $2,220,000
Amount Requested: $1,726,594
Exhibits: Ordinance
Bid Tabulation
List of Pre-Qualified General Contractors
Budgeted Item: YES
.
SUMMARY & RECOMMENDATION
This project can be briefly described as the addition of approximately 11,000 sq. ft. and the
renovation of approximately 14,500 sq. ft. to the City Hall building. The bidding process for this
project actually began a few months ago with the contractor pre -qualification process. Section 2~
106 of the Code of Ordinances provides the guidelines for pre-qualifying general contractors for
a project of this size. We started with 12 contractors that were pre-qualified from the Library
project. Mter advertising for pre-qualification for the current project, we were able to pre -
qualify four additional contractors making our total of pre-qualified contractors 16. Seven of our
pre-qualified contractors attended the mandatory pre-bid meeting, and four of the pre-bid
attendees submitted bids for this project (bid tabulation attached).
The previous estimates from our architect, Robert McKinney, were a total project cost of
approximately $1.7 million and 13 months to complete. RTG Building Company located in
Seabrook, the low bidder, has submitted a bid in the amount of $1,644,375 with 365 days to
complete the project.
RTG Building Company successfully pre-qualified for this project, submitted the lowest bid, and
this amount is within the funds previously budgeted for this project. Staff recommends awarding
this project to RTG Building Company and providing $1,644,375 plus a contingency of$82,219
(5%) to fund said contract.
Action Required by Council:
Consider approving an ordinance authorizing the City Manager to execute a construction
contract with RTG Building Company and providing $1,726,594 to fund said contract.
Approved for City Council A2enda
G<~ 'G L~~
Robert T. Herrera, City Manager
a.~". ol
Date
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ORDINANCE NO. 2001- t),l.flJq
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT
BETWEEN THE CITY OF LA PORTE AND R.T.G. BUILDING COMPANY
FOR CONSTRUCTION OF CITY HALL EXPANSION/RENOVATIONS;
APPROPRIATING $1,644,375.00 PLUS A CONTINGENCY OF
$82,219.00, TO FUND SAID CONTRACT; MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE:
Section 1. The City Council hereby approves and authorizes the
contract, agreement, or other undertaking described in the title of this
ordinance, in substantially the form as shown in the document which is
attached hereto and incorporated herein by this reference. The City
Manager is hereby authorized to execute such document and all related
documents on behalf of the City of La Porte. The City Secretary is hereby
authorized to attest to all such signatures and to affIx the seal of the City
to all such documents.
City Council appropriates the sum of
$1,644,375.00 plus a contingency of $82,219.00 from General Capital
Improvement Fund 015 to fund said contract.
Section 2. The City Council officially finds, determines, recites,
and declares that a sufficient written notice of the date, hour, place and
su bject of this meeting of the City Council was posted at a place
convenient to the public at the City Hall of the City for the thne required
by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been
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ORDINANCE NO. 2001-~4-loq
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 26th day of February, 2001.
CITY OF LA PORTE
By: /?'4 ~
Norman L. Mal ne,
Mayor
ATIEST:
~aJJ:iJ~ c1ttlhtl
Mar ha Gillett
City Secretary
C2?~~
Knox W. Askins,
City Attorney
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Due to the volume of this contract, a copy
is available for your review in the City
Secretary's Office
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CITY or LA PORTE
CITY HALL EXPANSION/RENOVATION
CLP PROJECT #99-2206
BID TABULATION
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.------.-, -. -....... ..... -.. .-... - .... - - . ,.... .._____ . . .. . '.'.d __ __ _...
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".""""8,, ,l,,[), """""",/A,O",. 6, .E",N, '6,,' .,U...,M"""~",.,O" ,y, ",g, ",..m, " ,', ',',',',
. . . . . . . . .. . . . . . . .. .... .. .. .... ... .. ....... ... .... . .. ... . . . .
.-...... .. ........ ..... .".. .......... .... .... -....
',"::B::"O', 'N"('D::::,T nn::'::::}1:n,&:,:n"2',:::(((,:n:,: .',;:.Te'::' 0"::' IVI: '/::p':".:ru":E'::,:,m'.':,".',E' :,','.:
.. .. .. .... ................. .... .... ............. ....... -.. -- .
..... ."........ ................. .... .... .........,............. ..........
..., ..,...- -.... ...--- .-.., .... - -.. ..- ...........---- -... -- - . _.....
....... ... .. ..... .................... . .-. ............... .... ... . ....... ..... ....
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.... .. ..... ..... ................ ... ... ............. ..... . ....... . .>. ..
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.....................-..-...-.. .-..........-...-.-,.-.-........-.......,.-.-.......-......... .......................................
R.T.G. BUILDING COMPANY Y Y 365 $1,644,375.00
COMMODORE CONSTRUCTION Y Y 422 $1,698,000.00
R. HASSELL BUILDERS Y Y 365 $1,942,000.00
FOLLIS CONSTRUCTION Y Y 350 $2,164,718.00
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City of La Porte
Pre-Qualified Contractors
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Alliance Construction
PO Box 7886
The Woodlands, TX 77387-7886
Phone: 281-367-0091
Fax: 281-367-0092
Hull & Hull Construction
2223 Kelley
Houston, TX 77026
Phone: 713-699-2577
Fax: 713-699-2581
Comex Corporation
PO Box 862
Deer Park, TX 77536
Phone: 281-479-2322
Fax: 281-479-2069
Jordan Construction
1509 Emerald Pkwy., Ste. 101
College Station, TX 77845
Phone: 979-696-0500
Fax: 979-696-4161
Commodore Construction
55 Lyerly, Suite 100
Houston, TX 77022
Phone: 713-694-9371
Fax: 713-694-0714
Moore & Moore General Contractors
PO Box 1517
La Porte, TX 77572-1517
Phone: 281-471-0145
Fax: 281-471-0601
DT Construction
PO Box 534
Humble, TX 77347-0534
Phone: 281-540-2411
Fax: 281-540-0174
Paisan Construction
6343 Skyline
Houston, TX 77057
Phone: 713-974-3500
Fax: 713-974-1724
Durotech, Inc.
11931 Wickchester, Suite 300
Houston, TX 77043
Phone: 281-759-6328
Fax: 281-496-5637
R. Hassell Builders
PO Box 690767
Houston, TX 77269-0767
Phone: 832-467-0013
Fax: 832-467-0035
Follis Construction
III N. Broadway
La Porte, TX 77571
Phone: 281-471-6881
Fax: 281-471-6038
R.T.G. Building Company
PO Box 0753
Seabrook,TX 77586
Phone: 281-867-4094
Fax: 281-867-4096
Frost Constructors, Inc.
8810 Will Clayton Pkwy., Ste. C
Humble, TX 77338
Phone: 281-446-6522
Fax: 281-446-0552
Stature Commercial Co., Inc.
2323 S. Shepherd, Ste. 1160
Houston, TX 77019
Phone: 713-521-9442
Fax: 713-521-9238
Gaskey Construction Corp.
11422 Craighead
Houston, TX 77025
Phone: 713-349-0080
Fax: 713-349-0090
The Trevino Group
1616 W. 22nd St.
Houston, TX 77008
Phone: 713-796-2560
Fax: 713-863-8522
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: February 2
Department: Planning
Source of Funds: N/A
Requested By: Doug Kneuppe
Account Number
Amount Budgeted:
Report: _Resolution: _Ordinance: ~
Amount Requested
Exhibits:
Budgeted Item: YES
NO
Ordinance
Drainage Easement Dedication
with Exhibit "A" and Exhibit "B"
Summary and Recommendation
This is in reference to the next phase of channel improvements in the F -101 watershed.
Our Interlocal Agreement with Harris County Flood Control District provides for the City to
acquire certain tracts of land and then grant the District the right to enter the property for
construction and maintenance of drainage facilities.
The City has recently acquired a 7. 16-acre tract of land necessary for the next phase of channel
improvements in the F -101 watershed. This ordinance will authorize the City Manager to
execute a "Drainage Easement Dedication" to the public. This easement grants Harris County
Flood Control District the right to enter upon this property to construct and maintain the channel.
This dedication is identical in nature to the easement we provided the District in June of 1999 for
a previous phase of F-I0l improvements. Both the City Attorney and the Harris County
Attorney have reviewed and approved this drainage easement dedication.
Action Required by Council:
Consider approving an ordinance authorizing the City Manager to execute and deliver the
attached Drainage Easement Dedication from the City of La Porte to the Public.
Approved for City Council A2enda
~~ ~ 1.1~~,,--
" ~ --
Robert T. Herrera, City Manager
~.,^a-ul
Date
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ORDINANCE NO. 2001-Jif'7 /)
AN ORDINANCE AUTHORIZING THE EXECUTION AND DELIVERY OF A DRAINAGE
EASEMENT DEDICATION FROM THE CITY OF LA PORTE TO THE PUBLIC; MAKING
VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECI1VE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte hereby authorizes the
execution of a "Drainage Easement Dedication" to the public, in form attached
hereto as Exhibit "A", incorporated by reference herein, and made a part hereof
for all purposes. The execution and delivery of said "Drainage Easement
Dedication" is a part of an agreement between the City of La Porte and the Harris
County Flood Control District. The City Manager is hereby authorized to execute
such document and all related documents on behalf of the City of La Porte. The
City Secretary is hereby authorized to attest to all such signatures and to affix the
seal of the City to all such documents.
Section 2. The City Council officially finds, determines, recites, and
declares that a sufficient written notice of the date, hour, place and subject of this
meeting of the City Council was posted at a place convenient to the public at the
City Hall of the City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government Code; and
that this meeting has been open to the public as required by law at all times
during which this Ordinance and the subject matter thereof has been discussed,
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ORDINANCE NO. 2001- 9.4'7 D
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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, thid6 ~ay of pe<6' /i1 'y, 2001.
" // ~LAPORTE
By:_;:r! ~, ~
orman L. Malone
Mayor
ATTEST:
~Mh<, (lJtau;
Martha A. Gillett
City Secretary
A~P D:
'_81
ox W. Askins
City Attorney
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Ha"r'ris Ct'JUl1ty
Beve~ly B. Kaufman
County Cle"rk
03/14/01 201462706
U927918 $19.00
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"{,,Exhibit "A" to Ordinance ItO 1- 6l '-+1 D
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DRMNAGEEASEMENTDEillCATION
03/14/01 201462706 U927918
$19.00
STATE OF TEXAS
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COUNTY OF HARRIS
That CITY OF LA PORTE, a municipal corporation (hereinafter termed
"City") by these presents does hereby dedicate unto the public, a perpetual
permanent easement and right of way for drainage and flood control purposes,
together with the right to construct, reconstruct, maintain and operate a drainage
course in, upon, along, across and beneath the following described property:
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Tracts of land more particularly being described on Exhibits A
and B attached hereto, incorporated by reference herein, and made
a part hereof for descriptive purposes (the "Property").
This easement may be used by the public only for the purposes stated in
this instrument. City, its successors and assigns, retain all other rights of use
over the easement area, provided that such rights do not interfere with the use of
the property for drainage and flood control purposes. The City retains the rights
to utilize the right-of-way for other purposes such as, but not limited to,
landscaping, pedestrian/equestrian trails, hike and bike trails, and utility
installations, which rights shall be subordinate to the Public's right to use the
right-of-way for drainage and flood control purposes. The City shall be
responsible for maintaining these "other purpose" items. No facilities shall be
constructed on the Property until the plans and specifications thereof are
approved in advance by the Harris County Flood Control District.
Anything herein to the contrary notwithstanding, this conveyance is made
subject to all easements, leases, agreements or licenses which affect the Property
hereby dedicated and any matter which would be disclosed by title examination,
survey, investigation, or inquiry. Said reservations specifically include the
reservations by Grantor of its right to retain ,rentals and the rights to terminate
any leases or pipelines (other than public utility pipelines) that cross over the
property dedicated herein and continue on to appurtenant City Property. Any
relocation of said leases or pipelines necessitated by the cQflStru.c.tionofpublic
drainage improvements shall not be at City's expense. ,:R f " _,~,_J
I C1. ~'1AR 2 0 2001 i "
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'Exlubit "A" to Ordinance
Page 2 of2
10I-~L/'10
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IN TESTIMONY WHEREOF, this instrument is executed effective
as of the J <ed- day of p.f:.,8, , 2001.
1'--
CITY OF LA PORTE
CX~ r- l~
Robert T. Herrera,
City Manager
ATTEST:
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BY:~()Ajj,~ 0.111 /I.U
Martha Gillett, City Secretary
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THE STATE OF TEXAS ~
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COUNTY OF HARRIS' ~
Tl)is instrument w
~~ , 2001, by
La Porte, Texas.
acknowled ed before me on the )2., '/Iv day of
r (". r....as City Manager of the City of
l~"':'~' CRYSTAl N. SCOTT
r': rl MY COMMISSION EXP'PlES
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AFTER RECORDING RETURN TO:
City of La Porte
Attn: City Secretary
P.O. Box 1115
La Porte, Texas 77572-1115
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Exhibit "A" to
Drainage Easement Dedication
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ENOCH BRANSON SURVEY
ABSTRACT NO.5
7.160 ACRES
PAGE lOF3
State of Texas ~
County of Harris ~
Being a 7.160 acres (311,903 square feet) tract of land located in the Enoch Branson Survey,
Abstract No.5, Harris County, Texas, said 7.160 acre parcel being partially out of the second of
two tracts of land described in deed to Charles C. Hinds dated March 7, 1990 and recorded under
Harris County Clerk's File (HCCF) No. M550730 of the Official Public Records ofRea1 Property
of Harris County, Texas (OPRRPHCT), being part of Outlots 286 and 295 and all of Outlot 294
of the LaPorte Outlots, a subdivision recorded by plat in Volume 61, Page 374 of the Harris
County Deed Records (HCDR); said 7.160 acre parcel furthermore being partially out of Outlots
306 and a portion of Outlot 295 of said LaPorte Outlots, which is all of a called 7. 1613 acre tract
described in deed dated February 17, 1982 to Charles C. Hinds and recorded under HCCFNo.
H346433 of said OPRRPHCT; and furthermore said 7.160 acre parcel being partially out of and
a part of Outlot 315 of said LaPorte Outlots as described in deed dated April 11 , 1995 to Charles
C. Hinds and recorded under HCCF No. R351137 of said OPRRPHCT. Said 7.160 acre tract
is more particularly described by metes and bounds as follows:
j)
(Bearings shown hereon are based upon the Texas State Plane Coordinate System, South Central
Zone, utilizing City of La Porte Monument No.'s H15-01, HI4-01, EI4-01, and EI5-01, which
are based upon the USC & GS North American Datum of 1927.)
BEGINNING at a 5/8-inch iron rod set for the northwest comer of the aforementioned Outlot 294,
same being the northeast comer of a 30 foot wide Harris County Flood Control District (HCFCD)
fee strip described in deed dated March 16, 1966 and recorded in Volume 6360, Page 34 of said
HCDR, and also being on the south line of a 30 foot wide HCFCD fee strip described in deed
dated March 28, 1966 and recorded in Volume 6488, Page 107 of said HCDR;
THENCE, North 87 degrees 09 minutes 48 seconds East, along said south line of the 30 foot wide
HCFCD fee strip and the north line of said Outlot 294, a distance of 335 .96 feet to a 5/8-inch iron
rod set for the common comer of Outlots 294, 295, 306, and 307;
THENCE, North 03 degrees 01 minute 53 seconds West, with the common line of said Outlots
306 and 307, at a distance of 30.00 feet passing the northeast comer of said 30 foot wide HCFCD
fee strip, same being the southeast comer of that certain tract of land conveyed to Glenn Doyle
Goodman, et ux., by deed dated July 20, 1981 and recorded under HCCP No. H093593 and
HCCF No. H069618 of said OPRRPHCT, and from which a 5/8-inch iron rod found bears South
19 degree 10 minutes West, a distance of 0.34 feet, at a distance of 470.01 feet passing a 5/8-inch
iron rod set for the common comer of Outlots 306, 307, 314, and 315, and continuing along the
common line of Outlots 314 and 315 for a total distance of 900.01 feet to a 5/8-inch iron rod set
for the northwest comer of the aforementioned Outlot 315, said comer being on the south right-of-
way line of North oP" Street (80 feet wide), said iron rod also being the northeast comer of Outlot
314 and that certain tract of land conveyed to Glenn Doyle Goodman, et ux., by deed dated April
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Exhibit "A" to
Dminage Easement Dedication
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ENOCH BRANSON SURVEY
ABSTRACT NO.5
7.160 ACRES
PAGE 2 OF 3
24, 1971 and recorded in Volume 8397, Page 498 and Volume 8448, Page 23 of said HCDR, and
from which a 112-inch iron rod found bears North 03 degrees 01 minute West, a distance of 0.41
feet.
"
THENCE, North 86 degrees 59 minutes 20 seconds East, along said south right-of-way line of
North "P" Street, a distance of 150.00 feet to a 5/8-inch iron rod set for comer;
THENCE, South 03 degrees 01 minute 53 seconds East, departing said south right-of-way line
at a distance of 430.00 feet passing a 5/8-inch iron rod set on the common line of Outlpts 315 and
306, in all a total distance of 797.90 feet to a 5/8-inch iron rod set for comer;
THENCE, North 81 degrees 16 minutes 20 seconds East, continuing across said Outlot 306, a
distance of 176.73 feet to a 5/8-inch iron rod set for comer on the common line of Outlots 306
and 305, said Outlot 305 having been conveyed to Eugene R. Ybarra and Antonio Matta by deed
dated March 8, 1973, and recorded under HCCF No. D832504 of said OPRRPHCT; ,
THENCE, South 03 degrees 00 minutes 09 seconds East, with the common line of Outlots 306
and 305, at a distance of 89.70 feet passing a 112-inch iron rod found for the northwest comer of
a 30 foot wide Harris County Flood Control District (HCFCD) fee strip (called 0.449 acre)
described in deed dated November 22, 1965 and recorded in Volume 6291, Page 64 of said
HCDR, and continuing for a total distance of 119.70 feet to a 5/8-inch iron rod set for the
common comer of Outlots 306 and 305, same being the southwest comer of said 30 foot wide
HCFCD fee strip, and also being on the common north line of Outlot 296 and a called 2.32 acre
tract conveyed to Emesto Gomez, et ux., by deed dated November 4, 1985, and recorded under
HCCF No. K274921 of said OPRRPHCT;
THENCE, South 86 degrees 59 minutes 10 seconds West, along the north line of said Outlot 296,
a,distance of 2.02 feet to a 5/8-inch iron rod set for the common north corner of Outlots 296 and
295;
THENCE, South 03 degrees 06 minutes 42 seconds East, along the common line of said Outlots
296 and 295, at a distance of 30.44 feet passing a 5/8-inch iron rod found, and continuing for a
total distance of 51,35 feet to a 5/8-inch iron rod set for corner;
THENCE, South 81 degrees 16 minutes 20 seconds West, across said Outlot 295, a distance of
176.80 feet to a 5/8-inch iron rod set for corner, being on the common line of the aforementioned
7.1613 acre tract;
THENCE, South 03 degrees 01 minute 09 seconds East, departing said common line and with a
west line of said called 7.1613 acre tract, passing at a distlnce of 30.29 feet a 5/8-inch iron rod
found and continuing for a total distance of 830.74 feet to a 5/8-inch iron rod set for corner on
the north right-of-way line of North "L" Street (80 feet wide), and from which a found S/8-inch
iron rod bears South 03 degrees 08 minutes East, a distance of 0.79 feet;
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Exhibit "A" to
Drainage Easement Dedication
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ENOCH BRANSON SURVEY
ABSTRACT NO.5
7.160 ACRES
PAGE 3 OF 3
THENCE, South 86 degrees 51 minutes 41 seconds West, along said north right-of-way line of
North "L" Street, a distance of '130.00 feet to a 5/8-inch iron rod set for comer;
THENCE, North 03 degrees 01 minute 09 seconds West, departing said north right-of-way line
and crossing said Outlots 286 and 295, a distance of 818.02 feet to a 5/8-inch iron rod set for
comer;
THENCE, South 81 degrees 16 minutes 20 seconds West, a distance of 18.70 feet to a 5/8-inch
iron rod set for comer;
THENCE, South 86 degrees 57 minutes 42 seconds West, a distance of 335.29 feet to a 5/8-inch
iron rod set for comer on the common line of Outlots 293 and 294, said Outlot 293 and Outlot
288 having been conveyed to Paul D. Covington, et ux., by deed dated March 30, 1976 and
recorded under HCCF No. E725561 of said OPRRPHCT;
THENCE, North 03 degrees 00 minutes 42 seconds West, along said common line, a distance of
85.00 feet to the POINT OF BEGINNING, and containing 7.160 acres (311,903 square feet) of
land, of which 0.678 acre (29,553 square feet) of land lies within an existing HCFCD drainage
easement recorded in Volume 6597, Page 584 of said HCDR.
This description is based on a Land Title Survey and Plat by J. Patrick Going, Registered
Professional Land Surveyor, License Number 4477, completed November 10, 1997, and is on file
in the office of Baseline Corporation, Job No. 86.051.25.
REVISED: January 31,2001
November 10, 1997
WSG:RLD:bgb
Job No. 86.051.25
File: BLACAD\86051 \8605125\M&B-DES
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!i I ~!CORDE~S 11,EMORANDUM
AT THE TIME ,
y: Ri:CORDATiON THIS 30l
WiSTRUMENT i'}~.<.:~":ji\!O TO BE'INADE rL ATE'
:OR TH':: ,;,','"
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NORTH L STREET OWNER: CITY OF LA PORTE
273/\ 274 274. 22 1901! 1 1'J01 276D 2761 2771'r-l!
274" - -- 27611
21 2 EXHIBIT "B"
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AU '~O'IS" Nl~lll 'II(. ~lSI~tll rNl SAU. ftlITll. O~ US[ Of IH! mCRlI!lO Rill
'lIO'UllliCllISf Of CCUltR ~ACII'UlllID UIlIFOICUIU UIOUFtlERAWr,
THE STATE OF TEXAS
COUNTY OF HAAfllS
II""., ClrtIy IIIl fliI ills"'.... II' flU it Fie H.IIl<< s...IIC.1A fit O'WlllIe...
I."""H Ir II:'" 'II hit RICORlU, ~ fit Olllill'.1c ~lClI"'fR'"'''''1l111 HIIllI
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MAR 1 ~ 2001
4.;q'~~~/
COUNTY CLERK
HARRIS COUNTY, TEXAS
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Report: _Resolution: _Ordinance:-L
Appropriation
N/A
Agenda Date Requested:
26 2001
Source of Funds:
Requested By:
Account Number:
Department:
Amount Budgeted:
Amount Requested:
Exhibits:
Budgeted Item: _YES _NO
. 2 Ordinances
. Standard Industrial District Agreement
SUMMARY & RECOMMENDATION
The City and Industry have agreed to renew the provisions of the Industrial District Agreement for another seven-
year period. The current agreements expired December 31,2000.
The City mailed 61 Industrial District Agreements in March 2000. Currently, because of splits, mergers, sales,
name changes, etc., the number of agreements to track is reduced from 61 to 58. To date, we have approved 51
agreements. The total agreements approved after tonight's action will be 53.
Both industries have returned executed agreements complete with Exhibits A, B, and C. The remaining agreements
will be presented to City Council as City staff receives them.
Staff recommends City Council authorize the execution ofIndustrial District Agreements with the following
industries:
. Southern lonics Incorporated
. Air Liquide America Corporation
Action Required bv Council:
Consider approval of Ordinances 2000-IDA-55 and 2000-IDA-56 authorizing the execution by the City of La Porte
of Industrial District Agreements listed above.
Approved for City Council Al!enda
(fi~ \. "~
Robert T. Herrera, City Manager
a. ~o.O\
Date
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ORDINANCE NO. 2000-IDA-55
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH SOUTHERN IONICS INCORPORATED,
FOR THE TERM COMMENCING JANUARY 1, 2001, AND ENDING DECEMBER 31,
2007; 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.
SOUTHERN IONICS INCORPORATED has executed an
industrial district agreement with the city of La Porte, for the
term commencing January 1, 2001, and ending December 31, 2007, a
copy of which is attached hereto, incorporated by reference herein,
and made a part hereof for all purposes.
section 2. The Mayor, the City Manager, the City Secretary,
and the City Attorney of the City of La Porte, be, and they are
hereby, authorized and empowered to execute and deliver on behalf
of the City of La Porte, the industrial district agreement with the
corporation named in section 1 hereof.
section 3.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
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 4. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
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PASSED AND APPROVED, this 26th day of February, 2001.
ATTEST:
~l:thvak1d
Martha A. Gillett
City Secretary
AP~ 2{/~
Knox W. ASkins,
City Attorney
CITY OF LA PORTE
By: N~ ~~
Mayor
2
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1 ; ASST. CITY MANAGER"" I
OFFICE I
01
February 5, 2001
Mr. John Joerns
City of La Porte
P.O. Box 1115
La Porte, Texas 77571
Attn: Crystal Scott
Dear Mr. Joerns,
SUBJECT:AIR LIQUIDE'S INDUSTRIAL AGREEMENT
Enclosed are two original copies of the Agreement between AIR LIQUIDE
AMERICA CORPORATION and CITY OF LA PORTE.
Thank you for your help regarding this matter.
s;w~
Malcolm Taylor
Senior Tax Agent
Air Liquide
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City of La Porte
Established 1892
November 1,2000
Southern Ionics
Attn: Milton O. Sunbeck, President
12901 Bay Park Road
Pasadena, Texas 77507
Re: Industrial District Agreement (IDA) Series 2001-2007
Dear Mr. Sunbeck:
Two executed originals of the Industrial District Agreement (IDA) were received from you
on October 30, 2000. We have noted that you are in the process of obtaining a plat of the
property. Please send us (2) copies no later than November 15,2000.
Once we receive these exhibits we will present these documents to City Council for approval
and we will return an original set to you.
If you have any questions or concerns regarding this matter call John Joerns at (281) 471-
5020.
Thank you for your cooperation in this matter.
Sincerely,
cY<~ T. t\~
Robert T. Herrera
City Manager
P.O. Box 1115 · La Porte, Texas 77572-1115 · (281) 471-5020
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lnJ l OCT 3 0 /mJ p: ,
I ASST. CITY MANAGER ~ I I
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September 25, 2000
City of La Porte
Attn: Kathy Powell
604 West Fairmont Pkwy.
La Porte, Texas 77571
Re: Industrial District Agreement
Dear Ms. Powell:
Please find enclosed two signed originals of the Industrial District Agreement. We have
enclosed Exhibit "A" for the new meets and bounds description. However, the Plat
Exhibit "BOO will be submitted at a later date.
Please execute and return a signed copy of this agreement.
Sincerely,
~>1l
Milton O. Sundbeck
President, Southern Ionics Incorporated
MOS:pag
@)
12901 Bay Park Road. Pasadena. TX
77507 . 281/474-4826 . 281/474-4973 fax . www.soulhernionics.com
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NO. 2000-IDA-22-. {
{
STATE OF TEXAS {
{
COUNTY OF HARRIS {
, INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corporat~on ~f aarris county,
Texas, hereinafter called "CITY", and southern Ionics Incorporated
, a Mississippi corporation, hereinafter
called "COMPANY",
WIT N E SSE T H:
WHEREA~, it is the established policy of the city council of
the city of La Porte, Texas, to adopt such reasonable measures from
time to time as are permitted by law and which will tend to enhance
the economic stability and growth of the City and its environs by
attracting the location of new and the expansion of existing
industries therein, and such policy is hereby reaffirmed and
adopted by this city council as being in the best interest of the
city and its citizens; and
WHEREAS, pursuant to its policy, City has enacted Ordinance
No. 729, designating portions of the area located in its
extraterri torial jurisdiction' as the "Battleground Industrial
District of La Porte, Texas", and Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porte, Texas",
hereinafter collectively called "District", such Ordinances being
in compliance with the Municipal Annexation Act of Texas, codified
as section 42.044, Texas Local Government Code; a~d
WHEREAS, Company is the owner of land wi thin a designated
Industrial District of the City of La Porte, said land being
legally described on the attached Exhibit "A" (hereinafter "Land") ;
and said Land being more particularly shown on a plat attached as
Exhibit liB", which plat describes the ownership boundary lines; a
site layout, showing all improvements, including pipelines and
railroads, and also showing areas of the Land previously annexed by
the city of La, Porte; and
WHEREAS, City desires to encourage the expansion and growth of
industrial plants within said Districts and for such purpose
desires to enter into this Agreement with Company pursuant .to
Ordinance adopted by the city Council of said city and recorded :in
the official minutes of said city:
NOW, THEREFORE, in consideration of the premises and the
mutual agreements of the parties contained herein and pursuant to
the authority granted under the Municipal Annexation Act and the
Ordinances of City'referred to above, city and Company hereby agree
with each other as follows: '
FINAL DRAFT: February 24, 2000
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City covenants, agrees and guarantees that during the term of this
Agreement, provided below, and subject to the terms and provisions
of this Agreement, said District shall continue to retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the Land belonging to Company and its
assigns, unless and until the status of said Land, or a portion or
portions thereof, as an industrial district may be changed pursuant
to the terms of this Agreement. Subject to the foregoing and to
the later provisions of this Agreement, city does further covenant,
agree and guarantee that such industrial district, to the extent
that it covers said Land lying within said District and not now
within the corporate limits of City, shall be immune from
annexation by city during the term hereof (except as hereinafter
provided) and shall have no right to have extended to it any
services by city, and that all Land, including that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and sUbdivisions of land,
(b) prescribing any building, electrical, plumbing or inspection
code or codes, or (c) attempting to exercise in any manner whatever
control over the conduct of business thereon; provided, however,
any portion of Land constituting a strip of land 100 I wide and
contiguous to either Fairmont Parkway, State Highway 225, or State
Highway 146, shall be subject to the rules and regulations attached
hereto as Exhibit "c" and made a part hereof; and provided,
however, it is agreed that City shall have the right to institute
or intervene in any administrative and/or judicial proceeding
authorized by the Texas Water Code, the Texas Clean Air Act, the
Texas Health & Safety Code, or other federal or state environmental
laws, rules or regulations, to the same extent and to the same
intent and effect as if all Land covered by this Agreement were not
subject to the Agreement.
II.
In the event that any portion of the Land has heretofore been
annexed by City, Company agrees to render and pay full city ad
valorem taxes on such annexed Land and improvements, and tangible
personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended), the
appraised value for tax purposes of the annexed portion of Land,
improvements, and tangible personal property shall be determined by
the Harris County Appraisal District. The parties hereto recognize
that said Appraisal District has no authority to appr~ise the Land,
improvements, and tangible personal property in the unannexed area
for the purpose of computing the "in lieu" payments hereunder.
Therefore, the parties agree that the appraisal of the Land,
improvements, and tangible personal property in the unannexed area
shall be conducted by city, at city's expense, by an independent
appraiser of ci ty I S selection. The parties recognize that in
making such appraisal for "in lieu" payment purposes, such
appraiser must of necessi ty appraise the entire (annexed and
unannexed) Land, improvements, and tangible personal property.
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Nothing herein contained shall ever be interpreted as lessening the
authority of the Harris County Appraisal District to establish the
appraised value of Land, improvements, and tangible personal
property in the annexed portion, for ad valorem ~ax purposes.
III.
A. On or before April 15, 2001, and on or before each April 15th
thereafter, unless an extension is granted in accordance with the
Texas Property Tax Code, through and including April 15, 2007,
Company shall provide city with a written description of its Land
and all improvements and tangible personal property located on the
Land as of the immediately preceding January 1st, stating its
opinion of the Property's market value, and being sworn to by an
authorized officer of the Company authorized to do so, or company's
duly authorized agent, (the Company's "Rendition"). Company may
file such Rendition on a Harris County Appraisal District rendition
form, or similar form. The properties. which the Company must
render and upon which the i'in lieu of" taxes are assessed are more
fully described in subsections 1, 2, and 3 of subsection D, of this
Paragraph III (sometimes collectively called the "property");
provided, however, pollution control equipment installed on the
Land which is exempt from ad valorem taxation pursuant to the
provisions of Sec. 11.31 of the Texas Property Tax Code is exempt
from ad valorem taxation and II in lieu of taxes" hereunder. A
failure by Company to file a Rendition as provided for in this
paragraph, shall constitute a waiver by Company for the current tax
year, of all rights of protest and appeal under the terms of this
Agreement.
B. As part of its rendition, Company shall furnish to City a
written report of the names and addresses of all persons and
entities who store any tangible personal property on the Land by
bailment, lease, consignment, or other arrangement with Company
("products in storage"), and are in the possession or under the
management of Company on January 1st of each Value Year, further
giving a description of such products in storage.
C. On or before the later of December 31, 2001, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2007, Company
shall pay to City an amount "in lieu of' taxes" on Company's
Property as of January 1st of the current calendar year ( "Value,
Year").
D. Company agrees to render to Ci't:y and pay an amount "in lieu of
taxes" on Company' s Land, improvements and tangible personal
property in the unannexed area equal to the sum of:
1. Fifty-three percent (53%) of the amount of ad valorem
taxes which would be payable to City. if all of the
company's Land and improvements which existed on January
1, 2001, and each January 1 thereafter of the applicable
Value Year during the term of this Agreement, (excluding
amounts payable pursuant to subparagraph 2, below), had
been within the corporate limits of City and appraised
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each year by City's independent appraiser, in accordance
with the applicable provisions of the Texas Property Tax
Code; and
2. (a) On any Subs,tantiallncrease in value of the Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new
construction, in excess of the appraised value of
same on January 1, 2000, resulting from new
construction (exclusive of construction in
progress, which shall be exempt from taxation), for
each Value Year following completion of
construction in progress, an amount equal to Thirty
percent (30%) of the amount of ad valorem taxes
which would be payable to city if all of said new
construction had been within the corporate limits
of City and appraised by City'S independent
appraiser, in accordance with the applicable
provisions of the Texas Property Tax Code.
(b) A Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) as used in subparagraph 2(a)
above, is defined as an increase in value that is
the lesser of either:
i. at least Five percent (5%) of the total
appraised value of Land and improvements, on
January 1, 2000; or
ii. a cumulative value of at least $3,500,000.00.
For the purposes of this Agreement, multiple
projects that are completed in a Value Year can be
cumulated to arrive at the amount for the increase
in value.
(c) If existing Property values have depreciated below
the Property value established on January 1, 2000,
an amount equal to the amount of the depreciation
will be removed from the calculation under this
subparagraph 2 to restore the value to the January
1, 2000, value; and
3. Fifty-three percent (53%) of the amount of ad valorem
taxes which would be payable to city on all of the
company's tangible personal property of. every
description, located in an industrial district of City,
including, without limitation, inventory, oil, gas, and
mineral interests, items of leased equipment, railroads,
pipelines, and products in storage located on the Land,
if all of said tangible personal property which existed
on January 1, 2001, and each January 1 thereafter of the
applicable Value Year during the term of this Agreement,
had been within the corporate limits of City and
appraised each year by the city's independent appraiser,
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in accordance with the applicable provisions of the Texas
Property Tax Code.
with the sum of 1, 2 and 3 reduced by the amount of City' s ad
valorem taxes on the annexed portion thereof as determined by
appraisal by the Harris County Appraisal District.
IV.
This Agreement shall extend for a period beginning on the 1st day
of January, 2001, and continuing thereafter until December 31,
2007, unless extended for an ~dditional period or periods of time
upon mutual consent of Company' and ci ty as provided by the
Municipal Annexation Act; provided, however, that in the event this
Agreement is not so extended for an additional period or periods of
time on or before August 31, 2007, the agreement of city not to
annex property of Company within the District shall terminate. In
that event, City shall have the right to commence immediate
annexation proceedings as to all of Company's property covered by
this Agreement, notwithstanding any of the terms and provisions of
this Agreement.
Company agrees that if the Texas Municipal Act, section 42.044,
Texas Local Government Code, is amended after January 1, 1994, or
any new legislation is thereafter enacted by the Legislature of the
state of Texas which imposes greater restrictions on the right of
City to annex land belonging to Company or imposes further
obligations on City in connection therewith after the annexation of
such land, Company will waive the right to require City to comply
with any such a4ditional restrictions or obligations and the rights
of the parties shall be then determined in accordance with the
provisions of said Texas Municipal Annexation Act as the same
existed January 1, 1994.
V.
This Agreement may be extended for an additional period or periods
by agreement between city and Company and/ or its assigns even
though it is not extended by agreement between city and all of the
owners of all land within the District of which it is a part.
VI.
A. In the event Company elects to protest the valuation for tax
purposes set on its said properties by City or by the Harris County
Appraisal District for any year or years during the terms hereof,
nothing in this Agreement shall preclude such protest and Company
shall have the right to take all legal steps desired by it to
reduce the same.
Notwithstanding such protest by Company, Company agrees to pay to
City on or before the date therefor hereinabove provided, at least
the total of (a) the total amount of ad valorem taxes on the
annexed portions ,'plus (b) the total amount of the "in lieu of
taxes" on the unannexed portions of Company' s hereinabove described
property which would be due to city in accordance with the
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foregoing provisions of this Agreement on the basis of renditions
which shall be filed by Company.
When the City or Harris County Appraisal District (as the case may
be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter Company
shall make payment to city of any additional payment due hereunder
based on such final valuation, together with applicable penalties,
interests, and costs.
B. Should Company disagree with any appraisal made by the
independent appraiser selected by city pursuant to Article II above
(which shall be given in writing to Company), Company shall, within
twenty (20) days of receiving such copy, give written notice to the
ci ty of such disagreement. In the event Company does not give such
written notice of disagreement within such time period, the
appraisal made by said independent appraiser shall be final and
controlling for purposes of the determination of "in lieu of taxes"
payments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall also
submit to the city with such notice a written statement setting
forth what Company believes to be the market value of company's
hereinabove described property. Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an
agreement as to the market value of company's property for "in
lieu" purposes hereunder. If, after the expiration of thirty (30)
days from the date the notice of disagreement was received by 'City,
the parties have not reached agreement as to such market value, the
parties agree to submi tthe dispute to final arbitration as
provided in subparagraph 1 of this Article VI B. Notwithstanding
any such disagreement by Company, Company agrees to pay to city on
or before December 31 of each year during the term hereof, at least
the total of (a) the ad valorem taxes on the annexed portions, plus
(b) the total amount of the "in lieu" payments which would be due
hereunder on the basis of Company's valuations rendered and/ or
submitted to city by Company hereunder, or the total assessment and
"in lieu of taxes" thereon for the last preceding year, whichever
is higher.
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by city, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10 days, the parties will join in a written
request that the Chief Judge of the U.S. District Court
for the Southern District of Texas appoint the third
arbitrator who, (as the "Impartial Arbitrator") shall
preside over the arbitration proceeding. The sole issue
to be determined in the arbitration shall be resolution
of the difference between the parties as to the fair
market value of Company's property for calculation of the
"in lieu" payment and total payment hereunder for the
year in question. The Board shall hear and consider all
relevant and material evidence on that issue including
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expert opinion, and shall render its written decision as
promptly as practicable. That decision shall then be
final and binding upon the parties, subject only to
judicial review as may be available under the Texas
General Arbitration Act (Chapter 171, "General
Arbitration", Texas Civil Practice and Remedies Code).
Costs of the arbitration shall be shared equally by the
Company and the city, provided that each party shall bear
its own attorneys fees.
VII.
City shall be entitled to a tax lien on Company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in payment of "in lieu of
taxes" payments hereunder, which shall accrue penalty and interest
in like manner as delinquent taxes, and which shall be collectible
by City in the same manner as provided by law for delinquent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding upon
City and Company, and upon Company's successors, and assigns,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the property
belonging to it within the territory hereinabove described, and the
agreements herein contained shall be held to be covenants running
with the land owned by Company situated within said territory, for
so long as this Agreement or any extension thereof remains in
force. Company shall give City written notice within ninety (90)
days, with full particulars as to property assigned and identity of
assignee, of any disposition of the Land, and assignment of this
Agreement. '
IX.
If City enters into an Agreement with any other landowner wit,h
respect to an industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement.
X.
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate,
and not unduly restrictive of Company's business activities.
Without such agreement neither party hereto would enter into this
Agreement. In the" event anyone or more words, phrases, 'clauses,
sentences, paragraphs, sections, articles or other parts of this
Agreement or the application thereof to any person, firm,
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corporation or circumstances shall be held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, then the application, invalidity or unconstitutionality of
such words, phrase, clause, sentence; paragraph, section, article
or other part of the Agreement shall be deemed to be independent of
and separable from the remainder of this Agreement and the validity
of the remaining parts of this Agreement shall not be affected
thereby.
XI.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
ENTERED INTO effective the 1st day of January, 2001.
ATTEST:
~!l(Hi~O,~
Cl.ty Secretary
APCi: . _/ . 1
~w: ~~
Knox W. Askins "
City Attorney
c~ty of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
Phone: (281) 471-1886
Fax: (281) 471-2047
By:
By:
By: ~~T, ~
Robert T. Herrera
city Manager
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
8
OCT-25-2000 11:22
~OUTHERN IONICS
e
601 495 2590 P.03/03
EXH,BIT "A"
FIEl.D NOTE DESCRIPTION OF A 53.5711 ACRE OR 2,333.557 SCUARE FEET TRACT OF
LAND SITUATED IN THE GeORGE 8, MCKJNSTRY LEAGUE, ABSTRACT 47, HARRIS
COUNTY, TEXAS, AHO BEJNG ~E SAME TRACT DESCRIBED AS 10.1'2 ACRU OF
LAND CONVEYED TO QUAK ER OATS CHEMICAlS, INC. PER THE DEED RECORDEO
UNOER FIL.E NUMBER H 408373. FIL.M CODE NUMBER 01'.'7-Z%4O OF THE HAARIS
COUNTY CFFlC1AL PUBUC RECOROS OF REAL PROPERTY (H.C.O.P,R.R.P.) lAID
13.5711 ACRE TRACT 8EING MOR! PARTICUlARl.Y DESCRIBED BY METES AND
BOUNOS AS fOLLOWS WITH ALL BEARINGS REFERENCED TO THE TEXA:S
COORDINATE SYSTEM, SOUTH CENTRAL lONI:
COMMENCING, for Nt.rene. at th. InttlHCtton of the Hlmt County Flood Control IU1
rtght-of-wlY 11M tor Big lIC1nd !to~gh (2'0.00 fHt wide) u rec:arded In YOlume 1210, PIlI' 12~ of
ttM "'arrts COUflty Deed Record. (H.e.DJt.) wtttt the notth r1Oftt~f-wllY line of PlpeU", Corridor 30
(100.00 r. wtde);
ntENCE, N OZO 2.' 31" W. 101.00 reet along Aid tat rtght-of-wI' tine of BI9 1.land Slough to .
112 tnch Iron rod round ror Ute POINT OF 81QINMNG of 1ht ",,..n d"~ribed trI~:
THENCE. N 02" U' ~1" W, .,roB feet alonl a JIM common to HJd 13.1711 te"' bUt and saJd
tat rtgM-of..-,riy line of lit 1...1Id Slough to I COppItwtlcl (C.W.) ",d stamped 212. found for an
...,.. potnt 01 saki eat rtgtlt..of..way II....;
THENCE, N )40 5.' "If W. 40.21 tMt contlnu'ng ..ong ...,d common IIn. to I $11 Inch Iron rod
found rortM molt northe", nCHth'IWSt comer of NIcI U.a711 a,,.. tncti
THENCE. N'70 31' W Eo, 1I1U7 '_lJong the north line of Aid ~.S7111Ct1 tnlct CO. point far
11M nortMait eomer of NIcS '~.1711 .crt trICI. from wtlklt a found (dlsturtMd) C.W. rod IlamfMd
2127 bIN'" H 1.. oa' 01- E, 0.12 'Nt, Mid point betng In .... wtSI r1ght..of-wl, II.,. of lay P.
Road (100.00 r..t wtdt) It l'Ka~.d unde, Flit Number E 711339. Film Code Number 131-02-10tl
01 the H.C.O.P .R.II.'.;
THENCE. S 020 21' 5'" E. 1~7'.25 f1Mt "0", . 11M common to Mid 1O.7'Z leN trlct and Mid
MIf right-of-way 11M of e.y Parte RoMf, to 1 C.W. rod stlmpM 28zt found for the 1Ct~
come, of &lid 1I3.17111CJW tract and being In the north rtght~f.wlY line of. ...UI"08Ct ....ment
(10.00 '"' wid_). 1-.0 befng In tIM south line of _ dralMge ..,ement (40.00 fMt wtde) II
rKOrOtd unde, File Number E 233742, Film Code Number 101-12-107', of tM H.C.O.P.R.R.P.;
THENCE. S 870 31' 40" Wi along I tin' tommon to .ald 13.5711 lert lra~ the narth rIt"C-<,f.way
line of said railroad '-","'m. Ind th. south 11M of ,aId d,.tnage .ue.".nt I dlsUnc. of 1209.34
"'t to I point ror corner;
THENCE, N 0:0 24' 31" W, ,croll saId tract, distance of 558.00 fMt ro I point tor COrMt:
THENCE, S aTo 31' 40'" W, I dJs1ance of 511.00 r..t to the POINT OF BEGINNING at 1M ",..In
d..cribed net and contlln'n; with'n these call. 1.3.5711 leN. or 2.333.sat .qul,. 'Nt of land.
TOTAL P. 03
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"BXHIBIT B"
(Attach Plat reflecting the ownership boundary lines; a
site layout, showing all improvements, including
pipelines and railroads, and also showing areas of the
Land previously annexed by the City of La Porte.)
...
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"EXHIBIT e"
Page 1 ot 2
RULES AND REGULATIONS
Any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or state
Highway 146 shall be subject to the following rules and regulations
pertaining to new signage, screening, driveways and median
crossovers. These rules and regulations shall apply after the
effective date of this Agreement when Company develops or
constructs improvements on vacant Land described in Exhibit II A II
which is adjacent to Fairmont Parkway, state Highway 225, or state
Highway 146.
1. Any sign erected in said 100' strip of land shall be subject
to the' following provisions: '
. One freestanding identification sign shall be permitted
for each side of an industrial establishment that fronts
on an improved public right-of-way.
. Freestanding identification signs for single tenant
buildings shall not exceed 150 square feet in area.
. One freestanding identification sign for identifying
multiple businesses is allowable at the intersection of
improved public rights-of-way.
. Freestanding identification signs for multiple businesses
shall not exceed 350 square feet.
. Freestanding identification signs shall not exceed 45
feet in height.
. Minimum setback for sign construction shall be ten (10)
feet from property lines.
2. When Land adjacent to said 100' strip is developed, the
initial 50' of said strip beyond any existing pipeline
easement contiguous to either Fairmont Parkway, state Highway
225, or state Highway 146 shall be screened by one of the
fOllowing techniques:
a) Leaving in place existing trees, vegetation, underbrush,
etc. to provide a thorough and effective visual screening
of the development. Existing trees shall, together with
other vege'tation and underbrush, create a continuous
visual screen.
b) The use of earthen berms with approximately 3: 1 side'
slopes, 50' wide at the base and 8' high. The berms may
be landscaped with a combination of trees, shrubs, and
ground cover. All berms and landscaping will be
maintained by the property owners.
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"EXHIBIT e"
Page 2 of 2
c) A screening plan, to be approved by the ci ty , that
includes a combination of trees, shrubs, and ground cover
that after 5 years growth will be at least 20 feet in
height and shall, together with shrubs and ground cover,
create a continuous visual screen. Provided., however, in
public utility easements or rights-of-way, the vegetation
shall be installed and maintained in a manner which is
acceptable to the public utility company, and does not
interfere with the operation and maintenance of the
public utility facilities.
For items band c above, the actual length of required
screening along the roadway will be equal to the length of the
new development that is parallel to the roadway. Screening
shall not be required for new development that is to the rear
of or behind existing facilities.
In all cases the 50' strip, along the entire roadway frontage,
shall be dedicated as a landscape easement and shall be kept
free from any improvements except for approved driveway access
and identification signs.
For cases of new development or improvements where a 50'
landscape easement is not available or practical, Company'
shall 'meet with city to determine a sui table landscaping
alternative.
3. Driveways opening from said strip of land onto State Highway
225 or State Highway 146 shall be subject to the rules and
regulations of the Texas Department of Transportation and
provisions of the City's Code of Ordinances, whichever is more
restrictive.
Driveways opening from said strip of land onto Fairmont
Parkway shall be subj ect to the rules and regulations of
Harris county and provisions of the city's Code of Ordinances,
whichever is more restrictive.
4. Driveways opening from said strip of land onto Fairmont
Parkway shall be approved by the City and may require the
installation of separate acceleration/deceleration' lanes.
5. Installation of a median crossover on Fairmont Parkway shall
be subject to the approval of both Harris county and city.
,'.
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City of La Porte
Established 1892
January 12,2001
Southern Ionics
Attn: Milton O. Sunbeck, President
12901 Bay Park Road
Pasadena, Texas 77507
Re: Industrial District Agreement (IDA) Series 2001-2007
Dear Mr. Sunbeck:
Two executed originals of the Industrial District Agreement (IDA) were received from
you on October 30,2000. In a ietter dated September 25, you informed us you were in
the process of obtaining a plat of the property for use as Exhibit "B".
To date, we have not received this plat. Therefore, we have been unable to present these
documents to City Council for approval.
Please be advised the previous IDA expired on December 31,2000. This agreement must
be executed in order for the City to continue to provide water service to your company.
Please send us 2 copies as soon as possible.
Once this exhibit is received, we will present these documents to City Council for
approval and return an original set to you. If you have any questions or concerns
regarding this matter call me at (281) 471-5020.
Thank you in advance for your cooperation in this matter.
FO, Box 1115 · La Porte, Texas 77572-1115 · (281) 471-5020
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ORDINANCE NO. 2000-IDA-56
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH AIR LIQUIDE AMERICA
CORPORATION, FOR THE TERM COMMENCING JANUARY 1, 2001, AND ENDING
DECEMBER 31, 2007; 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. AIR LIQUIDE AMERICA CORPORATION has executed an
industrial district agreement with the City of La Porte, for the
term commencing January 1, 2001, and ending December 31, 2007, a
copy of which is attached hereto, incorporated by reference herein,
and made a part hereof for all purposes.
section 2. The Mayor, the city Manager, the City Secretary,
and the City Attorney of the City of La Porte, be, and they are
hereby, authorized and empowered to execute and deliver on behalf
of the City of La Porte, the industrial district agreement with the
corporation named in section 1 hereof.
section 3.
The city Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which, this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
section 4. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
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PASSED AND APPROVED, this 26th day of February, 2001.
By:
CITY OF LA PORTE
~#" ~
Norman L. alone,
Mayor
ATTEST:
~~ (j, 11AJ/.W
M rt a A. Gillett
City Secretary
APPR9.vED:
~i~
City Attorney
2
FEB-02-2001 FRI 03:52 PM
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FAX NO. e
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P, 02
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NO. 2000-IDA-~ {
{
STATE OF TEXAS {
{
COUNTY OF HARRIS {
~NDUSTRIAL DISTR1CT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation of Harris county,
Texas, hereinafter called "CITY" ,and AI'''' L/qu.,'d e IJm{!, rit.a
Ct,)r~o lNlf-i 0 h ,a D~/(]IIAJOk-e- corporation, hereinafter
caIled "COMPANY",
WIT N E SSE T H:
WHEREAS, it is the established policy of the city council of
the City of La porte, Texas, to adopt such reasonable measures from
time to time as are permitted by law and which will tend to enhance
the economic stability and growth of the city and its environs by
attracting the location of new and the expansion of e>:isting
industries therein, and such policy is hereby reaffirmed and
adopted by this city council as being 'in the best interest of the
city and its citizens; and
WHEREAS, pursuant to its policy, city has enacted Ordinance
No. 729, designating portions of the area located in its
extraterritorial jurisdiction as the "Battleground Industrial
District of La Porte, Texas", and Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porte, Texas",
hereinafter collectively called IIDistrictll, such Ordinances being
in compliance with the Municipal Annexation Act of Texas, codified
as section 42.044, Texas Local Government Code; and
WHEREAS, Company is the owner of land wi thin a designated
Industrial District of the city of La Porte, said land being
legally described on the attached Exhibit nA" (hereinafter ULand") ;
and said Land being mare particularly shown on a plat attached as
Exhibit nBn, which plat describes the ownership boundary lines; a
site layout, showing all improvements, including pipelines and
railroads, and also showing areas of the Land previouslY annexed by
the City of La Porte; and
WHEREAS, City desires to encourage the expansion and growth of
industrial plants within said Districts and for such purpose
desires to enter into this Agreement with company pursuant to
Ordinance adopted by the city council of said city and recorded in
the official minutes of said city: '
NOW, THEREFORE, in consideration of the premises and the
mutual agreements of the parties contained herein and pursuant to
the authority granted under the Municipal Annexation Act and the
Ordinances of city 'referred to above, city and Company hereby agree
with each other as follows:
F~NAL DRAFT: February 24, 2000
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FAX NO. tit
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P. 03
r~c-U~-~UUl r~l Uj;~j rn
I.
city covenants, agrees and guarantees that during the term of this
Agreement, provided below, and subject to the terms and provisions
of this Agreement, said District shall continue to retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the Land belonging to Company and its
assigns, unless and until the status of said Landt or a portion or
portions thereof, as an industrial district lllay be changed pursuant
to the terms of this Agreement. Subject to the foregoing and to
the later provisions of this Agreement, city does further covenant,
agree and guarantee that such industrial district, to the extent
that it covers said Land lying within said District and not now
within the corporate limits of City, shall be immune from
annexation by city during the term hereof (except as hereinafter
provided) and shall have no right to have extended to it any
services by city, and that all Land, including that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and sUbdivisions of land,
(b) prescribing any building, electrical, plumbing or inspection
code or codes, or (c) attempting to exercise in any manner whatever
control over the conduct of business thereon; provided, however,
any portion of Land constituting a strip of land 100 I wide and
contiguous to either Fairmont Parkway, state Highway 225, or state
Highway 146, shall be subject to the rules and regulations attached
hereto as Exhibit "CIl and made a part hereof ; and provided,
however, it is agreed that city shall have the right to institute
or intervene in any administrative and/or jUdicial proceeding
authorized by the Texas Water Code, the Texas Clean Air Act, the
Texas Health & Safety Code, or other federal or state environmental
laws, r,ules or regulations, to the same extent and to the same
intent and effect as if all Land covered by this Agreement were not
subject to the Agreement.
II.
In the event that any portion of the Land has heretofore been
annexed by city, Company agrees to render and pay full Ci1:y ad
valorem taxes on such annexed Land and improvements, and tangible
personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislaturet Regular Session, 1979, as amended), the
appraised value for tax purposes of the annexed portion of Land,
improvements, and tangible personal property shall be determined by
the Harris County Appraisal District. The parties hereto recognize
that said Appraisal District has no authority to appraise the Land,
improvements, and tangible personal property in the unannexed area
for the purpose of computing the "in lieu" payments hereunder.
Therefore, the parties agree that the appraisal of the Land,
improvements, and tangible personal property in the unannexed area
shall be conducted by City, at city's expense, by an independent
appraiser of City's selection. The parties recognize that in
making such appraisal for II in lieu" payment purposes, such
appraiser must of necessity appraise the entire (annexed and
unannexed) Land, improvements, and tangible personal property.
2
FEB-02-2001 FRI 03:53 PM
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FAX NO, e
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Nothing herein contained shall ever be interpreted as lessening the
authority of the Harris County Appraisal District to establish the
appraised value of Land, improvements, and tangible personal
property in the annexed portion, for ad valorem tax purposes.
III.
A. On or before April 15, 2001, and on or before each April 15th
thereafter, unless an extension is granted in accordance with the
Texas Property Tax Code, through and including April 15, 2007,
company shall provide City with a written description of its Land
and all improvements and tangible personal property located on the
Land as of the il1Ul1ediately preceding January 1st, stating its
opinion of the Property's market value, and being sworn.to by an
authorized officer of the Company authorized to do so, or company's
duly authorized agent, (the company's "Rendition"). Company may
file such Rendition on a Harris county Appraisal District rendition
form, or similar form. The properties. which the company must
render and upon which the "in lieu of" taxes are assessed are lnore
fully described in subsections 1, 2, and 3 of subsection 0, of this
Paragraph III (sometimes collectively called the "Property");
provided, however, pollution control equipment installed on the
Land which is exem.pt from ad valorem taxation pursuant to the
provisions of Sec. 11.31 of the Texas Property Tax Code is exempt
from ad, valorem taxation and II in lieu of taxes" hereunder. A
failure by Company to file a Rendition as provided for in this
paragraph, shall constitute a waiver by Company for the current tax
year, of all rights of protest and appeal under the terms of this
Agreement.
B. As part of its rendition, Company shall furnish to city a
written report of the names and addresses of all persons and
entities who store any tangible personal property on the Land by
bailment, lease, consignment, or other arrangement with company
("products in storage"), and are in the possession or under the
management of Company on January 1st of each Value Year, further
qiving a description of ~uch products in storage.
C. On or before the later of December 31, 2001, or 30 days from
mailing of tax bill and in like manner on or before each December
3'lst thereafter, through and including December 31, 2007, Company
shall pay to City an amount "in lieu of taxes" on Company's
Property as of January 1st of the current calendar year ("Value
Year") .
P. Company agrees to render to City and pay an amount "in lieu of
t'axes" on Company's Land, illlprovements and tangible personal
property in the unannexed area equal to the sum of:
1. Fifty-three percent (53%) of the amount of ad valorem
taxes which would be payable to City. if all of the
company's Land and improvements which existed on January
1, 2001, and each January 1 thereafter of the applicable
Value Year during the term of this Agreement, (excluding
am.ounts payable pursuant to subparagraph 2, below), had
been within the corporate limits of city and appraised
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each year by City's independent appraiser, in accordance
with the applicable provisions of the Texas Property Tax
Code; and
2. (a) On any Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new
construction, in excess of the appraised value of
same on January 1, 2000, resulting from new
construction (exclusive of construction in
progress, which shall be exempt from taxation), for
each Value Year following completion of
construction in progress, an amount equal to Thirty
percent (30%) of the amount of ad valorem taxes
which would be payable to City if all of said new
construction had been within the corporate limits
of city and appraised by City's independent
appraiser, in accordance with the applicable
provisions of the Texas Property Tax Code.
A Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) as used in subparagraph 2(a)
above, is defined as an increase in value that is
the lesser of either:
(b)
i. at least Five percent (5%) of the total
appraised value of Land and improvements, on
January 1, 2000; or
ii. a cumulative value of at least $3,500,000.00.
For the purposes of this Agreement, multiple
projects that are completed in a Value Year can be
cumulated to arrive at the amount for the increase
in value.
(C) If existing Property values have depreciated below
the Property value established on January 1, 2000,
an amount equal to the amount of the depreciation
will be removed froll1 the calculation' under this
subparagraph 2 to restore the value to the January
1, 2000, value; and
3. Fifty-three percent (53%) of the amount of ad valorem
taxes which would be payable to city on all of the
Company's tangible personal property of every
description, located in an industrial district of city,
including, without limitation, inventory, oil, gas, and
mineral interests, items of leased equipment, railroads,
pipelines, and products in storage located on the Land,
if all of said tangible personal property which existed
on January 1, 2001, and each January 1 thereafter of the
applicable Value Year during the term of this Agreement,
had been within the corporate limits of city and
appraised each year by the City's independent appraiser,
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in accordance with the applicable provisions of the Texas
Property Tax Code.
with the sum of 1, 2 and 3 reduced by the amount of city's ad
valorem taxes on the annexed portion thereof as determined by
appraisal by the Harris county Appraisal District.
IV.
This Agreement shall extend for a period beginning on the 1st day
of January, 2001, and continuing thereafter until December 31,
2007, unless extended for an additional period or periods of time
upon mutual consent of company and city as provided by the
Municipal Annexation Act; provided, however, that in the event this
Agreement is not so extended for an additional period or periods of
time on or before August 31, 2007, the agreement of city not to
annex property of Company within the District shall terminate. In
that event, City shall have the right to commence immediate
annexation proceedings as to all of company's property covered by
this Agreement, notwithstanding any of the terms and provisions of
this Agreement.
company agrees that if the Texas Municipal Act, section 42.044,
Texas Local Government Code, is amended after January 1, 1994, or
any new legislation is thereafter enacted by the Legislature of the
state of Texas which imposes greater restrictions on the right of
city to annex land belonging to Company or imposes further
obligations on city in connection therewith after the annexation of
such land, Company will waive the right to require city to comply
with any such additional restrictions or obligations and the rights
of the parties shall be then determined in accordance with the
provisions of said Texas Municipal Annexation Act as the same
existed January 1, 1994.
V.
This Agreement may be extended for an additional period or periods
by agreement between ci ty and Company and/ or its assigns even
though it is not extended by" agreement between city and all of the
owners of all land within the District of which it is a part.
VI.
A. In the event company elects to protest the valuation for tax
purposes set on its said properties by city or by the Harris County
Appraisal District for any year or years during the terms hereof,
nothing in this Agreement shall preclude such protest and Company
shall have the right to take all legal steps desired by it to
reduce the same.
Notwithstanding such protest by company, company agrees to pay to
city on or before the date therefor hereinabove provided, at least
the total of (a) the total amount of ad valorein taxes on the
annexed portions, 'plus (b) the total amount of the II in lieu of
taxes" on the unannexed portions of Company' s hereinabove described
property which would be due to City in accordance wi th the
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foregoing provisions of this Agreement on the basis of renditions
which shall be filed by company.
When the city or Harris county Appraisal District (as the case may
be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter company
shall make payment to City of any additional payment due hereunder
based on such final valuation, together with applicable penalties,
interests, and costs.
B. Should Company disagree ~ith any appraisal made by the
independent appraiser selected by city pursuant to Article II above
(which shall be given in writing to company), Company shall, within
twenty (20) days of receiving such copy, give written notice to the
City of such disagreement. In the event Company does not give such
written notice of disagreement within such time period, the
appraisal made by said independent appraiser shall be final and
controlling for purposes of the determination of "in lieu of taxes"
payments to be made under this Agreement.
Should company give such notice of disagreement, Company shall also
submit to the city with such notice a written statement setting
forth what company believes to be the market value of Company's
hereinabove described property. Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an
agreement as to the market value of company I s property for "in
lieu" purposes hereunder. If, after the expiration of thirty PO)
days from the date the notice of disagreement was received by city,
the parties have not reached agreement as to such market value, the
parties agree to submit the dispute to final arbitration as
,provided in subparagraph 1 of this Article VI B. Notwithstanding
any such disagreement by company, company agrees to pay to city on
or before December 31 of each year during the term hereof, at least
the total of (a) the ad valorem taxes on the annexed portions, plus
(b) the total amount of the "in lieu" payments which would be due
hereunder on the basis of Company 15 valuations rendered and! or
submitted to city by company hereunder, or the total assessment and
"in lieu of taxes" thereon for the last preceding year, 'Whichever
is higher.
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by city, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10 days, the parties will join in a written
request that the Chief Judge of the U.s. District Court
for the Southern District of Texas appoint the third
arbitrator who, (as the "Impartial Arbitrator") shall
preside over the arbitration proceeding. The sole issue
to be determined in the arbitration shall be resolution
of the difference between the parties as to the fair
market value of Company's property for calculation of the
"in lieu." payment and total payment hereunder for the
year in question. The Board shall hear and consider all
relevant and material evidence on that issue including
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expert op~n~on, and shall render its written decision as
promptly as practicable. That decision shall then be
final and binding upon the parties, subject only to
jUdicial review as may be available under the Texas
General Arbitration Act (Chapter 171, "General
Arbitration", Texas civil Practice and Remedies Code).
Costs of the arbitration shall be shared equally by the
Company and the city, provided that each party shall bear
its own attorneys fees.
VII.
city shall be enti~led to a tax lien on Company'~ above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in payment of "in lieu of
taxes" payments hereunder, which shall accrue penalty and interest
in like manner as delinquent taxes, and ~hich shall be collectible
by City in the same manner as provided by law for delinquent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding upon
City and Company, and upon Company's successors and assigns,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the property
belonging to it within the territory hereinabove described, and the
agreements herein contained shall be held to be covenants running
with the land owned by Company situated within said territory, for
so long as this Agreement or any extension thereof remains in
force. Company shall give city written notice within ninety (90)
days, ~ith full particulars as'to property assigned and identity of
assignee, of any disposition of the Land, and assignment of this
Agreement.
IX.
If city enters into an Agreement with any other landowner with
respect to an industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement.
x.
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein are laWful, reasonable, appropriate,
and not unduly restrictive of Company's business activities.
Without such agreement neither party hereto would enter into this
Agreement. In the'event anyone or more words, phrases, clauses,
sentences, paragraphs, sections, articles or other parts of this
Agreement or the application thereof to any person, firm,
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corporation or circumstances shall be held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, then the application, invalidity or unconstitutionality of
such words, phrase, clause, sentence, paragraph, section, article
or other part of the Agreement shall be deemed to be independent of
and separable from the remainder of this Agreement and the validity
of the remaining parts of this Agreement shall not be affected
thereby.
XI.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
ENTERED INTO effective the 1st day of January, 2001.
By:
ATTEST:
1!Jpl/!J~/!~ )1!4fi By:
nox W. Askins
City Attorney
city of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
Phone: (281) 471-1886
Fax: (281) 471-2047
By: G~ II \~
Robert T. Herrera
City Manager
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
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"EXHIBIT AU
(Metes and Bounds Description of Land)
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METES AND BOUNDS
22.957 acres of land, located in the Richard Pearsall 1/3 League, Abstract 625,
Harris County, Texas, said 22.9757 acres being part of the 154.145 acre tract
sold to Big Three Industries, Inc. by General Warranty Deed, dated February 15,
1973, recorded in File No. D806510, Film Code No. 157-29-0284, Official Public
Records, Harris County, Texas, and being more particularly described by metes
and bounds as follows:
';i
BEGINNING at a 5/8 inch iron rod found for the Northwest corner of the herein
described tract in the East line of Exxon pipeline corridor No. 520, being
located South 00 deg. 46 min. 11 sec. East a distance of 472.02 feet from a
copperweld found at the intersection of the East line of Exxon corridor with
the South line of Fairmont Parkway;
THENCE North 86 deg. 52 min. 45 sec. East a distance of 594.0 feet to a 5/8
inch iron rod found for the Northeast corner of the herein described tract;
THENCE South 00 deg. 46 min. 11 sec. East a distance of 1687.75 feet to a 5/8
inch iron rod set for the Southeast corner of herein described tract in the
North line of H. L. & P. Co. 120 foot wide right-of-way;
THENCE South 87 deg. 25 min. 15 sec. West along and with the north line of H. L.
& P. Co. right-of-way, a distance of 593.80 feet to a copperweld found for the
Southwest corner of the herein described tract in the East line of Exxon
corridor No. 520;
THENCE North 00 deg. 46 min. 11 sec. West along and with the East line of said
Exxon corridor, a distance of 1682.13 feet to the PLACE OF BEGINNING and
containing 22.957 acres of land (1,000,011.41 square feet).
%-,....'?,~
1e;:;;i. Ouellette
Registered Public Surveyor No. 4589
Date: December 12, 1988
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tlEXlIIs:i:'1' Bn
(Attach Plat reflecting the ownership boundary lines; a
site layout, showing all improvements, including
pipelines and railroads, and also showing areas of the
Land previously annexed by the city of La Porte.)
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"EXHIBIT en
Page 1 of 2
RULES AND REGULATIONS
Any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or state
Highway 146 shall be subject to the following rules and regulations
pertaining to new signage, screening, driveways and median
crossovers. These rules and regulations shall apply after the
effective date of this Agreement when Company develops or
constructs improvements on vacant Land described in Exhibit "A"
which is adjacent to Fairmont parkway, state Highway 225, or state
Highway 146.
1. Any sign erected in said 100' strip of land shall be subject
to the following provisions:
. One freestanding identification sign shall be permitted
for each side of an industrial establishment that fronts
on an improved public right-of-way.
t Freestanding identification signs for single tenant
buildings shall not exceed 150 square feet in area.
. One freestanding identification sign for identifying
multiple businesses is allowable at the intersection of
improved public rights-of-way.
. Freestanding identification signs for multiple businesses
shall not exceed 350 square feet.
. Freestanding identification signs shall not exceed 45
feet in height.
. Minimum setback tor sign construction shall be ten (10)
feet from property lines.
2. When Land adjacent to said 100' strip is developed, the
initial 50' of said strip beyond any existing pipeline
easement contiguous to either Fairmont Parkway, state Highway
225, or state Highway 146 shall be screened by one of the
following techniques:
a) Leaving in place existing trees, vegetation, underbrush,
etc. to provide a thorough and effective visual screening
of the development. Existing trees shall, together with
other vegetation and underbrush, create a continuous
visual screen.
.
b) The use of earthen berms with approximately 3: 1 side
slopes, SO' wide at the base and 8' high. The berms may
be landscaped with a combination of trees, shrubs, and
ground cover. All berms and landscaping will be
maintained by the property owners.
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Page 2 of 2
c) A screel'ling plan, to be approved by the city, that
includes a combination of trees, shrubs, and ground cover
that after 5 years growth will be at least 20 feet in
height and shall, together with shrubs and ground cover,
create a continuous visual screen. Provided, however, in
pUblic utility easements or rights-of-way, the vegetation
shall be installed and maintained in a manner which is
acceptable to the public utility company, and does not
interfere with the operation and maintenance of the
public utility facilities.
For items band c above, the actual length of required
screening along the roadway will be equal to the length of the
new development that is parallel to the roadway. Screening
shall not be required for new development that is to the rear
of or behind existing facilities.
In all cases the 501 strip, along the entire roadway frontage,
shall be dedicated as a landscape easement and shall be kept
free from any improvements except for approved driveway access
and identification signs.
For cases of new development or improvements where a 50 '
landscape easement is not available or practical, Company
shall meet with city to determine a suitable landscaping
alternative.
3. Driveways opening from said strip of land onto state Highway
225 or state Highway 146 shall be subject to the rules arid
regulations of the Texas Department of Transportation and
provis ions of the city' s Code of Ordinances, whichever is more
restrictive.
Dr i veways opening from said str ip of land onto Fairmont
Parkway shall be subj ect to the rules and regulations of
Harris County and provisions of the city's Code of Ordinances,
whichever is more restrictive.
4. Driveways opening from said strip of land onto Fairmont
Parkway shall be approved by the city and may require the
installation of separate acceleration/deceleration lanes.
5. Installation of a median crossover on Fairmont Parkway shall
be subject to the approval of both Harris county and city.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: February 242001
Requested By: Doug Kneuppe~
Department: Planning
Source of Funds: N/A
Account Number
Amount Budgeted:
Report: _Resolution: _ Ordinance: ~
Amount Requested
Exhibits:
Budgeted Item: YES
NO
Ordinances (phyto-Source and Chusei)
Phyto-Source IDA (new)
Chusei IDA (amendment)
Summary and Recommendation
Mr. Bill Sonnier with Chusei (U.S.A.) Inc. has requested the creation of a new Industrial District
Agreement to cover a new joint venture called Phyto-Source LP. The new joint venture will be
utilizing a three-acre site inside the existing Chusei site. At the same time, the existing Chusei
agreement will be amended to remove the three acre site that will be covered under the new
Phyto-Source agreement.
Staff recommends approval of the new Industrial District Agreement with Phyto-Source and the
amendment to Chusei' sexisting Industrial District Agreement.
Action Required by Council:
Consider approving ordinances authorizing the execution of a new Industrial District Agreement
with Phyto-Source and amending the existing Industrial District Agreement with Chusei.
Approved for City <::~~Dcil Agenda
a.4 '\: "~
Robert T. Herrera, City Manager
~-~(),o\
Date
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ORDINANCE NO. 2000-IDA-57
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH PHYTO-SOURCE, L.P., FOR THE
TERM COMMENCING JANUARY 1, 2001, AND ENDING DECEMBER 31, 2007;
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.
PHYTO-SOURCE, L.P. has executed an industrial
district agreement with the City of La Porte, for the term
commencing January 1, 2001, and ending December 31, 2007, a copy of
which is attached hereto, incorporated by reference herein, and
made a part hereof for all purposes.
Section 2. The Mayor, the City Manager, the City Secretary,
and the City Attorney of the City of La Porte, be, and they are
hereby, authorized and empowered to execute and deliver on behalf
of the City of La Porte, the industrial district agreement with the
corporation named in Section 1 hereof.
section 3.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 4. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
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PASSED AND APPROVED, this 26th day of February, 2001.
By:
ATTEST:
CVJh111'~&~t~
City Secretary
CITY OF LA PORTE
NorC:~~~
Mayor
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NO. 2000-IDA-57 {
{
STATE OF TEXAS {
{
COUNTY OF HARRIS {
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation of Harris County,
Texas, hereinafter called "CITY", and PHYTO-SOURCE, L. P., a
Limited Partnership, hereinafter called "COMPANY",
WIT N E SSE T H:
WHEREAS, it is the established policy of the City Council of
the City of La Porte, Texas, to adopt such reasonable measures from
time to time as are permitted by law and which will tend to enhance
the economic stability and growth of the City and its environs by
attracting the location of new and the expansion of existing
industries therein, and such policy is hereby reaffirmed and
adopted by this City Council as being in the best interest of the
City and its citizens; and
WHEREAS, pursuant to its policy, City has enacted Ordinance
No. 729, designating portions of the area located in its
extraterritorial jurisdiction as the "Battleground Industrial
District of La Porte, Texas", and Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porte, Texas",
hereinafter collectively called "District", such Ordinances being
in compliance with the Municipal Annexation Act of Texas, codified
as section 42.044, Texas Local Government Code; and
WHEREAS, Company is the owner of land wi thin a designated
Industrial District of the City of La Porte, said land being
legally described on the attached Exhibit "A" (hereinafter "Land") ;
and said Land being more particularly shown on a plat attached as
Exhibit "B", which plat describes the ownership boundary lines; a
site layout, showing all improvements, including pipelines and
railroads, and also showing areas of the Land previously annexed by
the City of La Porte; and
WHEREAS, City desires to encourage the expansion and growth of
industrial plants within said Districts and for such purpose
desires to enter into this Agreement with Company pursuant to
Ordinance adopted by the City Council of said City and recorded in
the official minutes of said City:
NOW, THEREFORE, in consideration of the premises and the
mutual agreements of the parties contained herein and pursuant to
the authority granted under the Municipal Annexation Act and the
Ordinances of City referred to above, City and Company hereby agree
with each other as follows:
FINAL DRAFT: February 24, 2000
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1.
City covenants, agrees and guarantees that during the term of this
Agreement, provided below, and subject to the terms and provisions
of this Agreement, said District shall continue to retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the Land belonging to Company and its
assigns, unless and until the status of said Land, or a portion or
portions thereof, as an industrial district may be changed pursuant
to the terms of this Agreement. Subject to the foregoing and to
the later provisions of this Agreement, city does further covenant,
agree and guarantee that such industrial district, to the extent
that it covers said Land lying within said District and not now
within the corporate limits of City, shall be immune from
annexation by City during the term hereof (except as hereinafter
provided) and shall have no right to have extended to it any
services by City, and that all Land, including that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivisions of land,
(b) prescribing any building, electrical, plumbing or inspection
code or codes, or (c) attempting to exercise in any manner whatever
control over the conduct of business thereon; provided, however,
any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or state
Highway 146, shall be subject to the rules and regulations attached
hereto as Exhibit "c" and made a part hereof; and provided,
however, it is agreed that City shall have the right to institute
or intervene in any administrative and/or judicial proceeding
authorized by the Texas Water Code, the Texas Clean Air Act, the
Texas Health & Safety Code, or other federal or state environmental
laws, rules or regulations, to the same extent and to the same
intent and effect as if all Land covered by this Agreement were not
subject to the Agreement.
II.
In the event that any portion of the Land has heretofore been
annexed by city, Company agrees to render and pay full City ad
valorem taxes on such annexed Land and improvements, and tangible
personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended), the
appraised value for tax purposes of the annexed portion of Land,
improvements, and tangible personal property shall be determined by
the Harris County Appraisal District. The parties hereto recognize
that said Appraisal District has no authority to appraise the Land,
improvements, and tangible personal property in the unannexed area
for the purpose of computing the "in lieu" payments hereunder.
Therefore, the parties agree that the appraisal of the Land,
improvements, and tangible personal property in the un annexed area
shall be conducted by City, at City's expense, by an independent
appraiser of ci ty' s selection. The parties recognize that in
making such appraisal for "in lieu" payment purposes, such
appraiser must of necessity appraise the entire (annexed and
unannexed) Land, improvements, and tangible personal property.
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Nothing herein contained shall ever be interpreted as lessening the
authority of the Harris County Appraisal District to establish the
appraised value of Land, improvements, and tangible personal
property in the annexed portion, for ad valorem tax purposes.
III.
A. On or before April 15, 2001, and on or before each April 15th
thereafter, unless an extension is granted in accordance with the
Texas Property Tax Code, through and including April 15, 2007,
Company shall provide City with a written description of its Land
and all improvements and tangible personal property located on the
Land as of the immediately preceding January 1st, stating its
opinion of the Property's market value, and being sworn to by an
authorized officer of the Company authorized to do so, or Company's
duly authorized agent, (the Company's "Rendition"). Company may
file such Rendition on a Harris County Appraisal District rendition
form, or similar form. The properties. which the Company must
render and upon which the "in lieu of" taxes are assessed are more
fully described in subsections 1, 2, and 3 of subsection 0, of this
Paragraph III ( sometimes collectively called the "Property");
provided, however, pollution control equipment installed on the
Land which is exempt from ad valorem taxation pursuant to the
provisions of Sec. 11.31 of the Texas Property Tax Code is exempt
from ad valorem taxation and "in lieu of taxes" hereunder. A
failure by Company to file a Rendition as provided for in this
paragraph, shall constitute a waiver by Company for the current tax
year, of all rights of protest and appeal under the terms of this
Agreement.
B. As part of its rendition, Company shall furnish to City a
written report of the names and addresses of all persons and
entities who store any tangible personal property on the Land by
bailment, lease, consignment, or other arrangement with Company
("products in storage"), and are in the possession or under the
management of Company on January 1st of each Value Year, further
giving a description of such products in storage.
C. On or before the later of December 31, 2001, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2007, Company
shall pay to City an amount "in lieu of taxes" on Company's
Property as of January 1st of the current calendar year ("Value
Year") .
D. Company agrees to render to city and pay an amount "in lieu of
taxes" on Company's Land, improvements and tangible personal
property in the unannexed area equal to the sum of:
1. Fifty-three percent (53%) of the amount of ad valorem
taxes which would be payable to City if all of the
Company's Land and improvements which existed on January
1, 2001, and each January 1 thereafter of the applicable
Value Year during the term of this Agreement, (excluding
amounts payable pursuant to subparagraph 2, below), had
been within the corporate limits of City and appraised
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each year by City's independent appraiser, in accordance
with the applicable provisions of the Texas Property Tax
Code; and
2. (a) On any Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new
construction, in excess of the appraised value of
same on January 1, 2000, resulting from new
construction (exclusive of construction in
progress, which shall be exempt from taxation), for
each Value Year following completion of
construction in progress, an amount equal to Thirty
percent (30%) of the amount of ad valorem taxes
which would be payable to City if all of said new
construction had been within the corporate limits
of city and appraised by city's independent
appraiser, in accordance with the applicable
provisions of the Texas Property Tax Code.
(b) A Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) as used in subparagraph 2(a)
above, is defined as an increase in value that is
the lesser of either:
i. at least Five percent (5%) of the total
appraised value of Land and improvements, on
January 1, 2000; or
ii. a cumulative value of at least $3,500,000.00.
For the purposes of this Agreement, multiple
projects that are completed in a Value Year can be
cumulated to arrive at the amount for the increase
in value.
(c) If existing Property values have depreciated below
the Property value established on January 1, 2000,
an amount equal to the amount of the depreciation
will be removed from the calculation under this
subparagraph 2 to restore the value to the January
1, 2000, value; and
3. Fifty-three percent (53%) of the amount of ad valorem
taxes which would be payable to ci ty on all of the
Company's tangible personal property of every
description, located in an industrial district of City,
including, without limitation, inventory, oil, gas, and
mineral interests, items of leased equipment, railroads,
pipelines, and products in storage located on the Land,
if all of said tangible personal property which existed
on January 1, 2001, and each January 1 thereafter of the
applicable Value Year during the term of this Agreement,
had been within the corporate limits of city and
appraised each year by the City's independent appraiser,
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in accordance with the applicable provisions of the Texas
Property Tax Code.
wi th the sum of 1, 2 and 3 reduced by the amount of City's ad
valorem taxes on the annexed portion thereof as determined by
appraisal by the Harris County Appraisal District.
IV.
This Agreement shall extend for a period beginning on the 1st day
of January, 2001, and continuing thereafter until December 31,
2007, unless extended for an additional period or periods of time
upon mutual consent of Company and City as provided by the
Municipal Annexation Act; provided, however, that in the event this
Agreement is not so extended for an additional period or periods of
time on or before August 31, 2007, the agreement of City not to
annex property of Company within the District shall terminate. In
that event, City shall have the right to commence immediate
annexation proceedings as to all of Company's property covered by
this Agreement, notwithstanding any of the terms and provisions of
this Agreement.
Company agrees that if the Texas Municipal Act, section 42.044,
Texas Local Government Code, is amended after January 1, 1994, or
any new legislation is thereafter enacted by the Legislature of the
state of Texas which imposes greater restrictions on the right of
City to annex land belonging to Company or imposes further
obligations on city in connection therewith after the annexation of
such land, Company will waive the right to require city to comply
with any such additional restrictions or obligations and the rights
of the parties shall be then determined in accordance with the
provisions of said Texas Municipal Annexation Act as the same
existed January 1, 1994.
V.
This Agreement may be extended for an additional period or periods
by agreement between City and Company and/or its assigns even
though it is not extended by agreement between City and all of the
owners of all land within the District of which it is a part.
VI.
A. In the event Company elects to protest the valuation for tax
purposes set on its said properties by City or by the Harris County
Appraisal District for any year or years during the terms hereof,
nothing in this Agreement shall preclude such protest and Company
shall have the right to take all legal steps desired by it to
reduce the same.
Notwithstanding such protest by Company, Company agrees to pay to
city on or before the date therefor hereinabove provided, at least
the total of (a) the total amount of ad valorem taxes on the
annexed portions,~plus (b) the total amount of the "in lieu of
taxes" on the unannexed portions of Company's hereinabove described
property which would be due to ci ty in accordance with the
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foregoing provisions of this Agreement on the basis of renditions
which shall be filed by Company.
When the City or Harris County Appraisal District (as the case may
be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter Company
shall make payment to City of any additional payment due hereunder
based on such final valuation, together with applicable penalties,
interests, and costs.
B. Should Company disagree with any appraisal made by the
independent appraiser selected by City pursuant to Article II above
(which shall be given in writing to Company), Company shall, within
twenty (20) days of receiving such copy, give written notice to the
city of such disagreement. In the event Company does not give such
written notice of disagreement within such time period, the
appraisal made by said independent appraiser shall be final and
controlling for purposes of the determination of "in lieu of taxes"
payments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall also
submit to the city with such notice a written statement setting
forth what Company believes to be the market value of Company's
hereinabove described property. Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an
agreement as to the market value of Company's property for "in
lieu" purposes hereunder. If, after the expiration of thirty (30)
days from the date the notice of disagreement was received by City,
the parties have not reached agreement as to such market value, the
parties agree to submit the dispute to final arbitration as
provided in subparagraph 1 of this Article VI B. Notwithstanding
any such disagreement by Company, Company agrees to pay to City on
or before December 31 of each year during the term hereof, at least
the total of (a) the ad valorem taxes on the annexed portions, plus
(b) the total amount of the "in lieu" payments which would be due
hereunder on the basis of Company's valuations rendered and/or
submitted to City by Company hereunder, or the total assessment and
"in lieu of taxes" thereon for the last preceding year, whichever
is higher.
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10 days, the parties will join in a written
request that the Chief Judge of the u.S. District Court
for the Southern District of Texas appoint the third
arbitrator who, (as the "Impartial Arbitrator") shall
preside over the arbitration proceeding. The sole issue
to be determined in the arbitration shall be resolution
of the difference between the parties as to the fair
market value of Company's property for calculation of the
"in lieu" payment and total payment hereunder for the
year in question. The Board shall hear and consider all
relevant and material evidence on that issue including
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expert opinion, and shall render its written decision as
promptly as practicable. That decision shall then be
final and binding upon the parties, subject only to
judicial review as may be available under the Texas
General Arbitration Act (Chapter 171, "General
Arbitration", Texas civil Practice and Remedies Code).
Costs of the arbitration shall be shared equally by the
Company and the city, provided that each party shall bear
its own attorneys fees.
VII.
City shall be entitled to a tax lien on company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in payment of "in lieu of
taxes" payments hereunder, which shall accrue penalty and interest
in like manner as delinquent taxes, and which shall be collectible
by City in the same manner as provided by law for delinquent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding upon
ci ty and Company, and upon Company's successors and assigns,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the property
belonging to it within the territory hereinabove described, and the
agreements herein contained shall be held to be covenants running
with the land owned by Company situated within said territory, for
so long as this Agreement or any extension thereof remains in
force. Company shall give city written notice within ninety (90)
days, with full particulars as to property assigned and identity of
assignee, of any disposition of the Land, and assignment of this
Agreement.
IX.
If City enters into an Agreement with any other landowner with
respect to an industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and city agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement.
X.
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate,
and not unduly restrictive of Company's business activities.
without such agreement neither party hereto would enter into this
Agreement. In the event anyone or more words, phrases, clauses,
sentences, paragraphs, sections, articles or other parts of this
Agreement or the application thereof to any person, firm,
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corporation or circumstances shall be held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, then the application, invalidity or unconstitutionality of
such words, phrase, clause, sentence, paragraph, section, article
or other part of the Agreement shall be deemed to be independent of
and separable from the remainder of this Agreement and the validity
of the remaining parts of this Agreement shall not be affected
thereby.
XI.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
ENTERED INTO effective the 1st day of January, 2001.
PHYTO-SOURCE, L.P.
by its General Par,ner
Phyto-Venture, LL,
"
By:
12502 Bay Area Boulevard
Pasadena, TX 77507
ATTEST:
~~a. ,(11J1Jj
Cit Secretary
By:
CI~~
~an' L. Malone
Mayor
(Z:)~r-
Knox W. Askins
City Attorney
City of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
By:
Q~ T. \-\~
Robert T. Herrera
City Manager
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
Phone:
Fax:
(281) 471-1886
(281) 471-2047
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EXHIBIT "A"
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METES AND BOUNDS DESCRIPTION
3.000 ACRES (130,680 SQUARE FEET)
Being 3.000 acres (130,680 square feet) of land situated in the
George B. Mckinstry League, Abstract 47, Harris County, Texas.
and being out of that certain 20.00 acre tract of land conveyed
to Chusei (U.S.A.) Inc., by instrument recorded under File Number
N291863 and Film Code 044-08-0907 of the Harris County Official
Public Records of Real Property and out of that certain 22.72
acre tract of land conveyed to Chusei (U.S.A.) Inc., by
instrument recorded under File Number Ul158l3 and Film Code 529-
52-3598 of the Harris County Official Public Records of Real
Property: said 3.000 acres (130,680 square feet) of land being
more particularly described by metes and bounds as follows (all
bearings are referen~ed to the monumentedwest line of said 20.00
acre tract):
COMMENCING at a 5/8 inch iron rod found for the northeast corner
of said 22.72 acre tract, same being the northwest corner of said
20.00 acre tract and also being in the south line of that certain
80.972 acre tract of land conveyed to the City of La Porte,
Texas, by instrument recorded under File Number M253982 and Film
Code 152-78-2108 of the Harris County Official Public Records of
Real Property;
THENCE S 01'00'45" E 264.06 feet. with the east line of said
22.72 acre tract, same being the west line of said 20.00 acre
tract, to a 5/8 inch iron rod with cap set for the PLACE OF
BEGINNING and being in the north line of the herein described
tract of land:
THENCE N 79'51'37" E 298.85 feet to a 5/8 inch iron rod with cap
aet for the northeast corner of this tract;
T,HENCE S 10'08'23" E 230.00 feet to a 5/8 inch iron rod wiLh cap
set for the southeast corner of this tract;
THENCE S 79'51'37" W 568.17 feet, passing at 335.81 feet the east
line of said 22.72 acre tract, same being the west line of said
20.00 acre tract, to a 5/8 inch iron rod with cap set for the
southwest corner of this tract;
THENCE N 10'08'23" W 230.00 feet to a 5/8 inch iron rod with cap
set for the northwest corner of this tract;
THENCE N 79'51'37" E 269.32 feet to the PLACE OF BEGINNING and
containing 3.000 acres (130,680 square feet) of land.
The area stated in acres is compatible with the allowable
precision of closure for this survey. The area stated in square
feet is a calculated value only. All 5/8 inch iron rods with caps
set by this survey are marked "Texas Land Surveying". A plat of
survey prepared under Texas Land Surveying. Inc. Job No. 194-006B
accompanies this metes and bounds description.
~ -, ").,I.-?
Jeffrey N. Heck
Registered Professional Land Surveyor
Texas Registration No. 4385
77 508
Job No.
2000
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"EXHIBIT B"
(Attach Plat reflecting the ownership boundary lines; a
site layout, showing all improvements, including
pipelines and railroads, and also showing areas of the
Land previously annexed by the City of La Porte.)
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"EXHIBIT e"
Page 1 of 2
RULES AND REGULATIONS
Any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or state
Highway 146 shall be subject to the following rules and regulations
pertaining to new signage, screening, driveways and median
crossovers. These rules and regulations shall apply after the
effective date of this Agreement when Company develops or
constructs improvements on vacant Land descr ibed in Exhibit" A"
which is adjacent to Fairmont Parkway, state Highway 225, or state
Highway 146.
1. Any sign erected in said 100' strip of land shall be subject
to the following provisions:
. One freestanding identification sign shall be permitted
for each side of an industrial establishment that fronts
on an improved public right-of-way.
. Freestanding identification signs for single tenant
buildings shall not exceed 150 square feet in area.
. One freestanding identification sign for identifying
multiple businesses is allowable at the intersection of
improved public rights-of-way.
. Freestanding identification signs for multiple businesses
shall not exceed 350 square feet.
. Freestanding identification signs shall not exceed 45
feet in height.
. Minimum setback for sign construction shall be ten (10)
feet from property lines.
2. When Land adjacent to said 100' strip is developed, the
initial 50' of said strip beyond any existing pipeline
easement contiguous to either Fairmont Parkway, state Highway
225, or state Highway 146 shall be screened by one of the
following techniques:
a) Leaving in place existing trees, vegetation, underbrush,
etc. to provide a thorough and effective visual screening
of the development. Existing trees shall, together with
other vegetation and underbrush, create a continuous
visual screen.
b) The use of earthen berms with approximately 3: 1 side
slopes, 50' wide at the base and 8' high. The berms may
be landscaped with a combination of trees, shrubs, and
ground cover. All berms and landscaping will be
maintained by the property owners.
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"EXHIBIT e"
Page 2 of 2
c) A screening plan, to be approved by the City, that
includes a combination of trees, shrubs, and ground cover
that after 5 years growth will be at least 20 feet in
height and shall, together with shrubs and ground cover,
create a continuous visual screen. Provided, however, in
public utility easements or rights-of-way, the vegetation
shall be installed and maintained in a manner which is
acceptable to the public utility company, and does not
interfere with the operation and maintenance of the
public utility facilities.
For items band c above, the actual length of required
screening along the roadway will be equal to the length of the
new development that is parallel to the roadway. Screening
shall not be required for new development that is to the rear
of or behind existing facilities.
In all cases the 50' strip, along the entire roadway frontage,
shall be dedicated as a landscape easement and shall be kept
free from any improvements except for approved driveway access
and identification signs.
For cases of new development or improvements where a 50'
landscape easement is not available or practical, Company
shall meet with City to determine a sui table landscaping
alternative.
3. Driveways opening from said strip of land onto State Highway
225 or State Highway 146 shall be subject to the rules and
regulations of the Texas Department of Transportation and
provisions of the city's Code of Ordinances, whichever is more
restrictive.
Driveways opening from said strip of land onto Fairmont
Parkway shall be subj ect to the rules and regulations of
Harris County and provisions of the city's Code of Ordinances,
whichever is more restrictive.
4. Driveways opening from said strip of land onto Fairmont
Parkway shall be approved by the City and may require the
installation of separate acceleration/deceleration lanes.
5. Installation of a median crossover on Fairmont Parkway shall
be subject to the approval of both Harris County and city.
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ORDINANeE NO. 2000-IDA-07-A
AN ORDINANeE AUTHORIZING THE EXEeUTION BY THE eITY OF LA PORTE OF
AN AMENDMENT TO AN INDUSTRIAL DISTRICT AGREEMENT WITH CHUSEI
(U.S.A.) INC., FOR THE TERM COMMENCING JANUARY 1, 2001, AND ENDING
DECEMBER 31, 2007; 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. CHUSEI (U.S.A.) INC. has heretofore executed an
industrial district agreement with the City of La Porte, for the
term commencing January 1, 2001, and ending December 31, 2007,
which was approved by Ordinance No. 2000-IDA-07, passed and
approved by the City Council of the City of La Porte on June 26,
2000.
section 2. CHUSEI (U.S.A.) INC. has executed an amendment to
said industrial district agreement, a copy of which amendment is
attached hereto, incorporated by reference herein and made a part
hereof for all purposes.
section 3. The Mayor, the City Manager, the City Secretary,
and the City Attorney of the City of La Porte, be, and they are
hereby, authorized and empowered to execute and deliver on behalf
of the City of La Porte, the amended industrial district agreement
with CHUSEI (U.S.A.) INC.
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 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
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Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The city council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
section 5. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this
day of
, 2001.
By:
CITY OF LA PORTE
NOrmC: t!:~
Mayor
ATTEST:
LJr} (jjjj,#-Ja. JlJ/Lt2
Martha A. Gillett
City Secretary
APPROVED: ... ~ ~
tii:H~~
Knox W. ASkins,
City Attorney
2
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NO. 2000-IDA-07-A {
{
STATE OF TEXAS {
{
COUNTY OF HARRIS {
AMENDMENT TO
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation of Harris County,
Texas, hereinafter called "CITY", and CHUSEI ((U.S.A.) INC., a
Texas business corporation, hereinafter called "COMPANY", amending
the agreement between the parties approved by the City Council of
the City of La Porte on June 26, 2000.
For and in consideration of the premises, and the mutual
covenants herein contained, the parties agree that the 3 acre
tract, described by metes and bounds on Exhibit "A" attached
hereto, incorporated by reference herein, and made a part hereof
for all purposes, is hereby DELETED from the legal description of
the real property as described on Exhibit "A" of the Industrial
District Agreement of June 26, 2000.
Except as hereby amended, said Agreement shall remain in full
force and effect.
Entered into effective the 1st day January, 2001.
CHUSEI (U.S.A.) INC.~~
~'~5/ ~
William E. Sonn1er, President
By:
12500 Bay Area Boulevard
Pasadena, TX 77507
ATTEST:
~dJlk(}~
cit Secretary
By:
ce4Z~
Norman L. one
Mayor
Knox
City
City
By:
GohJ:- ~ \~
Robert T. Herrera
City Manager
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
Phone:
Fax:
(281) 471-1886
(281) 471-2047
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EXHIBIT "A"
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METES AND BOUNDS DESCRIPTION
3.000 ACRES (130,680 SQUARE PEET)
Being 3.000 acres (130,680 square feet) of land situated in the
George B. Mckinstry League, Abstract 47. Harris County. Texas,
and being out of that certain 20.00 acre tract of land conveyed
to Chusei (U.S.A.) Inc., by instrument recorded under File Number
N29l863 and Film Code 044-08-0907 of the Harris County Official
Public Records of Real Property and out of that certain 22.72
acre tract of land conveyed to Chusei (U.S.A.) Inc., by
instrument recorded under File Number Ul15813 and Film Code 529-
52-3598 of the Harris County Official Public Records of Real
Property: said 3.000 acres (130,680 square feet) of land being
more particularly described by metes and bounds as follows (all
bearings are referenced to the monumented west line of said 20.00
acre tract):
COMMENCING at a 5/8 inch iron rod found for the northeast corner
of said 22.72 acre tract, same being the northwest corner of said
20.00 acre tract and also being in the south line of that certain
80.972 acre tract of land conveyed to the City of La Porte,
Texas, by instrument recorded under File Number M253982 and Film
Code 152-78-2108 of the Harris County Official Public Records of
Real Property:
THENCE S 01'00'45" E 264.06 feet, with the east line of said
22.72 a~re tract, same being the west line of said 20.00 acre
tract, to a 5/8 inch iron rod with cap set for the PLACE OF
BEGINNING and being in the north line of the herein described
tract of land:
THENCE N 79"51'37" E 298.85 feet to a 5/8 inch iron rod with cap
set for the northeast corner of this tract;
THENCE S 10'08'23" E 230.00 feet to a 5/8 inch iron rod wilh cap
set for the southeast corner of this tract;
THENCE S 79"51'37" W 568.17 feet, passing at 335.81 feet the east
line of said 22.72 acre tract, same being the west line of said
20.00 acre tract, to a 5/8 inch iron rod with cap set for the
southwest corner of this tract;
THENCE N 10'08'23" W 230.00 feet to a 5/8 inch iron rod with cap
set for the northwest corner of this tract;
THENCE N 79"51'37" E 269.32 feet to the PLACE OF BEGINNING and
containing 3.000 acres (130,680 square feet) of land.
The area stated in acres is compatible with the allowable
precision of closure for this survey. The area stated in square
feet is a calculated value only. All 5/8 inch iron rods with caps
set by this survey are marked "Texas Land Surveying". A plat of
survey prepared under Texas Land Surveying, Inc. Job No. 194-0068
accompanies this metes and bounds description.
~ I ;.,Lt'
Jeffrey N. Heck
Registered Professional Land Surveyor
Texas Registration No. 4385
Texas Land Surveying, Inc.
P.O. Box 5825 Pasadena, Texas 77508
(281) 487-5880
Job No. 0194-006B September 28. 2000
Revised: October 12, 2000
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RE UEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
February 26, 2001 Appropriation
Source of Funds: Fund 41
Requested By:
Department:
Parkil &. Be..relltiQp
Account Number:
041-.9892.-833
Re ort:
Resolution:
Ordinance: X
Amount Budgeted:
$450,000
Exhibits:
Ordinance No. 2001-
Amount Requested:
$36,000
Exhibits:
A2reement
Budgeted Item:
YES X
NO
Exhibits:
SUMMARY & RECOMMENDATION
Funds are available in the amount of $450,000, for construction of the San Jacinto Pool. When
constructed, this facility will be located on the site of the existing pool at the intersection of San
Jacinto and "G" Street. Doug Kneupper, Director of Planning, and myself have met with Terry
Brannon of the C.T. Brannon Corporation and reviewed other pool facilities designed by the firm
for other Texas cities. This engineering firm appears to possess sufficient knowledge and
expertise to design these type facilities.
Attached is our standard Agreement Between Owner and Engineer for Professional Services.
This agreement provides for a lump sum fee of $34,000 which is 8 % of the estimated
construction cost. In addition, $2,000 will be allocated for reimbursable expenses. This fee is
in-line with fees other architects have received on recent projects. Funds for engineering
services will come from the previously mentioned Fund 041. All three phases leading up to
bidding are estimated to take 6 months, which includes City staff review time.
Action Required bv Council:
Consider approval of an ordinance authorizing the City Manager to execute an Agreement
Between Owner and Engineer with C. T. Brannon Corporation for design of San Jacinto Pool
Replacement, and authorizing $36,000 to fund said Agreement.
Approved for City Council Ae:enda
~L 't. ~~
Robert T. Herrera, City Manager
).. . d.. 1... () \
Date
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. Iii tI
ORDINANCE NO. 2001- 9lLf-fl {
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT
BETWEEN THE CITY OF LA PORTE AND C.T. BRANNON
CORPORATION TO PROVIDE'! ~PROFESSIONAL ENGINEERING
SERVICES FOR THE DESIGN AND CONSTRUCTION OF SAN JACINTO
POOL REPLACEMENT; APPROPRIATING $36,000.00 TO FUND SAID
AGREEMENT; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE:
Section 1. The City Council hereby approves and authorizes the
contract, agreement, or other undertaking described in the title of this
ordinance, in substantially the form as shown in the document which is
attached hereto and incorporated herein by this reference. The City
Manager is hereby authorized to execute such document and all related
documents on behalf of the City of La Porte. The City Secretaxy is hereby
authorized to attest to all such signatures and to affix the seal of the City
to all such documents. The City Council appropriates the sum not to
exceed $36,000.00 for professional engineering services for the design
and construction of San Jacinto Pool Replacement, from 2000 General
Obligation Bond Fund 041 to fund said Agreement.
Section 2. The City Council officially finds, determines, recites,
and declares that a sufficient written notice of the date, hour, place and
subject of this meeting of the City Council was posted at a place
convenient to the public at the City Hall of the City for the time required
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ORDINANCE NO. 2001- ~J.f'11
by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been
open to the public as required by law at all times during which this
ordinance and the subject matter thereof has been discussed, considered
and formally acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
PASSED AND APPROVED, this 26th day of Februmy, 2001.
CITY OF LA PORTE
By: NO~~~~
Mayor
AITEST:
. t1Ldtllru.fl~
Mar a Gillett
City Secretmy
~
ox W. ASYJn?f!
City Attorney
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Due to the volume of this contract, a copy
is available for your review in the City
Secretary's Office
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CITY OF LA PORTE
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INTEROFFICE MEMORANDUM
February 21, 2001
TO:
Mayor and City Council
FROM:
Robert T. Herrera, City Manager
(j\-n.l
Potential Half-Day Workshop
SUBJECT:
If at all possible, I would like to schedule a half-day workshop with Council on
Saturday, March 24,2001, from 8:30 am to 12:00 noon.
There are several matters on which I need your guidance. I am attaching a list of
items I would like to discuss. As you will note, there are more items than what we
can effectively discuss in a half-day setting. However, if we can address half of
them, then I will be in a much better position.
I appreciate the time you devote to your jobs as Council members.
RTH:su
Attachment
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Potential Workshop Items
1. Discuss status of Hotel Conference Center proposed for Sylvan Beach
2. Review citywide Transportation Projects
3. Northside Comprehensive Plan, discussion on two recommendations of the plan.
a. Empowerment Zones
b. Neighborhood Community Development Corporation
4. Bayport Expansion, Port of Houston, receive update report
5. Barbours Cut Beautification Plan, discuss proposal from Port of Houston
6. Review preliminary census numbers
7. Lomax Fire site considerations
8. Sister City Program
9. Youth attending national conference
11. Rental of old library by Neighborhood Centers
12. Receive report on electrical deregulation and its impact on the City
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MEETING HANDOUTS
The names of all donors giving $500 or
more will be placed on a plaque at the
base of the statue. Gifts may be made
Checks should be
over a three-year period.
made out to: The Juan Seguin Project.
Giving Information
The Juan Seguin Memorial Committee
is dedicated to honoring the accom-
plishments of Juan N. Seguin to the
independence of Texas from the period of
settlement through statehood. A Juan Seguin
memorial statue will serve as a regional focal
point in establishing this recognition.
Vision Statement
The Juan Seguin Memorial Committee is
. asked to identify, research, and present
public recognition of the accomplish-
ments of Juan Seguin to the republic of Texas
through statehood to independence. The mis-
sion will specifically focus on Juan Seguin as a
person working for the betterment of all car-
ing for individual rights.
Committee Members
Sam Flores, President
Jeep Kiel, Vice-President
John Taylor, Secretary
Ed Gotthardt, Treasurer
Virginia Woods, Historian
Mary Louise Gonzales
Louis R. Ramirez, Sr.
John Gesick
Gene Moreno
SEGUIN FAMILY REPRESENTATIVES
Albert Seguin Gonzales
Juries Anne Seguin
Drive Chairman
Edmund Kuempel
Juan Seguin Project
1511 Eastridge Parkway
Seguin, TX 78155
~Iission Statement
JUAN N.
SEGUIN
TEXAS HERO
THE
JUAN N. SEGUIN
PROJECT
Seguin, Texas
Testimonials
~membering our past is always so important
as we develop our future. Preserving the
eritage and the heroism of Col. Juan N.
Seguin - a true texas patriot in the fight for Texas
Independence - will proudly serve as a constant
reminder to all citizens of Seguin of our namesake
and his role in our history. I truly commend the
Juan Seguin Memorial Committee for pursuing
the funding of a Juan Seguin statue through a pri-
vate citizens fund raising effort.
Mark Stautzenberger
Mayor of Seguin
Juan Seguin's courage and dedication to Texas
Independence should be remembered and
appreciated by every Texan. A statue of the
early Texas hero will allow us to express apprecia-
tion now and for generations to come.
The Need
Honor
Juan N. Seguin
to
Jim Price
Seguin Area Chamber of Commerce
'nose of us who are citizens of Seguin should
always feel the pride to live in a community
named after the one true hero of Texas
Independence. May we always revere Juan Seguin
for his contributions to the great State of Texas.
James E. Sagebiel
County Judge, Guadalupe County
Juan Seguin was a true hero. His story is an
epic of human compassion, unquestionable
valor, fairness and loyalty to all.
Mary Louise Gonzales
President, Seguin Hispanic Chamber of Commerce
Juan Seguin was first and foremost a native
Texan. He fought, as mayor of San Antonio,
and as a senator to the Republic of Texas for
democracy. As a warrior, he fought against
oppression and for peace. Juan Seguin's legacy
has been truly Texan, truly American.
John Gesick
Chairman, Guadalupe County
Historical Commission
The history of Texas has often been told
without a full representation of the
contributions of Tejanos and the risks
they faced. During the fight for independence,
both Anglos and Tejanos fought equally hard
against the tyranny of Santa Anna, who was
openly violating the Mexican Constitution of
1824. However, if the fight for independence
had been unsuccessful, most of the Anglos
could have returned to the United States
without further risk. The Tejanos, on the
other hand, would have been subjected to loss
of property at best or, most likely, loss of life.
Juan Seguin was a Tejano who risked his
life and property, not to support any particular
culture, but to do what was right. This is the
ultimate contribution that a citizen can offer
his or her country. By honoring Juan N.
Seguin, we are honoring all good citizens of
Seguin and Texas.
A statue of Juan Seguin will be erected at
Central Park in downtown Seguin to
celebrate his contributions and to preserve
his memory.
Historical
Narrative
~e colonel was a native born Texan as was
his father and his father before him. Many
events in the lives of Juan Seguin and of his
father Erasmo Seguin led to the struggle for the
eventual independence of our beautiful and great
state of Texas as we know it today. The Seguin!
Carvajal families were hard working and peaceful
people. They believed in freedoms that we enjoy
today and freedoms we so often take for granted.
They were people who were fair-minded and
regarded their families, friends, and fellow
countrymen in all their actions. They did not like
nor tolerate injustices. Yes, even back then they
fought for basic human rights for all native Texans
and citizens to be of Texas; thus, they were not
willing to step aside at the risk of personal ridicule,
danger or threats of death. Col. Juan N. Seguin, was
one of the most gallant of all heroes of the Texas
War for Independence. Early on he sensed the
threat of tyranny when the Mexican Constitution of
1824 was disregarded which, among other stipula-
tions, granted all citizens and subjects of Mexico
their basic human rights. In 1835, Juan N. Seguin
sought to convene the first revolutionary meeting
in protest of the devastating demands and actions of
Santa Anna's government. Juan Seguin was the first
to sound the alarm of impending danger to the way
of life and liberty that Texans had all enjoyed up to
that point in time, He was a son, husband, father,
statesman, veteran commander of many battles. He
was a scholar, the savior of San Antonio, Texas and
namesake for the city of Seguin, Texas.
Col. Juan N. Seguin was and is a legendary fig-
ure as a leader in the Texas Revolution. He was and
is an unsung hero of Texas - a legendary figure who
has seldom been given credit for his and his family's
contributions in helping in the evolution of Texas.
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By
B.
No._
A BI~L TO BE ENTITLED
1
AN ACT
2
relating to the designation of a portion of state
highway 225
3
between Houston and La Porte as the Juan N. Seguin
Memorial
4 highway.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
6
SECTION 1. Subchapter B, Chapter
225,
Transportation code,
7 Is amended by adding Section 225 . 046 to read as follows:
8
Sec. 225.046. JUAN N. SEGUIN MEMORIAL HIGHWAY. (a)
State
9 Highway 225 between loop 610 in Houston and state highway 146 in La
10 Porte is designated as the Juan N. Seguin Memorial Highway.
11
(~)
The
department
shall
design
and
construct
memorial
12 markers indicating the highway number, the designation as the Juan
13 ,N. Seguin Memorial Highway, and any other approprate information.
14
(c)
The department shall erect
a marker at each end of the
15 Highway and at appropriate intermediate sites along the highway _'
16
SECTION 2. This act takes effect immediately if it receives
17 a vote of two-thirds of all the members elected to each house, as
18
provided by Section 39, Article I I I ,
Texas Constitution. If this
19 act does not receive the vote necessary for immediate effect, this
20 act takes effect September 1, 2001.
77R5725 JA T-D
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TEJANO A6lJCIATION FOR HISTO'CAL PRESERVATION
Lorenzo de Zavala Chapter
Benny C. Martinez, ~F>resident*Richard G. Ferez, Vice President*Alfonso Vasquez, v.P. Program Chair
Genaro Flores, Sargeant at Arms *Linda Alonzo Saenz, Treasurer*Loretta M, Williams, Secretary
Macario Ramirez, Public Relations*Dr. Emilio Sarabia, Advisory Board Member
February 1,2001
Dear Sir/Madam:
The Tejano Association for Historical Preservation along with the Seguin Family
Historical Society supports the dedication of Highway 225 to Juan Seguin Memorial
Highway. Highway 225 begins at Loop 610 in Houston, Texas and ends at Highway 146
at LaPorte, Texas. By renaming this highway which leads to the San Jacinto Monument
visitors will remember one of the famous Texans who fought for Texas Independence.
Pride of Texas and its heroes transcends all races.
Juan Seguin fought for Texas Independence at San Jacinto. He had assembled
Tejano soldiers fighting for the Texas Army against Mexico. He was sent out of the
Alamo to seek help from Colonel Fannin. He returned to give the Defenders a proper
burial. He warned and defended Texas Citizens fleeing from the Mexican Army during the
"Runaway Scrape" after the fall of the Alamo. He fought bravely under General Rusk at
San Jacinto. He was appointed commander of San Antonio and disobeyed a military order
to destroy the city. He persuaded President Sam Houston to rescind the order and saved
San Antonio. Juan Seguin served as Senator to the Congress of the Republic three times,
(twice in Houston and once in Austin). He was elected Mayor of San Antonio in 1841. In
1852 Juan Seguin was elected as Bexar County Justice of the Peace and reelected for a
second tenn two years later. In 1869 he was elected Wilson County Judge. In 1874 he
was declared a hero of Texas War for Independence by the Texas Legislature and
provided a lifetime pension by the state.
Dr. Andres Tijerina stated in ''Tejanos & Texas Under the Mexican Flag," Seguin
suffered as a result of ethnic prejudice. He fought for justice and freedom for all Texans.
His loyalty to Texas never faltered. He declared at the beginning of the Texas Revolution,
"Texas shall be free and independent, or we shall die in glorious combat."
We would like to realize this dream of dedicating Highway 225 to Juan Seguin
Memorial Highway. Whatever assistance in accomplishing this would be greatly
appreciated by The Tejano Association for Historical Preservation and the Seguin Family
Historical Society. Let the memory of Juan Seguin not perish. Long live Texas and long
live its defenders.
Sincerely,
6~JtAj C . ~d:;;
Benny C. Martinez, President, Tejano Association for Historical Preservation
P. O. Bo% 231021*Houston) Texas 77223-1021*713-673-1418*713-540-5449
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The Seguin Family Historical Society
A Texas Family Since 1712
Historical Narrative
The colonel was a native born Texan as was his father and his
father before him. Many events in the lives of Juan Seguin and that of
his father Erasmo Seguin led to the struggle for the eventual
independence of our beautiful and great-state of Texas as we know it
today. The Seguin/Carvajal families were hard working and..peaceful
peo~le. They 5elieved in freedoms that we enioy today and tteedoms we
so often take for gI:anted. They were people who were fair-minded and
regarded their families, and fellow countrymen in all their actions. They
diu not like nor tolerate injustices. Yes, even back then they fought for
basic human rights for all native Texans and citizens to be of Texas;
thus, they were not willing to step aside at the risk of personal ridicule,
danger or threats of death. Col. Juan N. Seguin, was one of the most
gallant of all heroes of the Texas War for Iiidependence. Early on he
sensed the threat of tyranny when the Mexican Constitution of 1824 was
disregarded which, among other stipulations,~anted all citizens and
subjects of Mexico their Basic human rights. Jft 1835, Juan N. Seguin
sought to convene the first revolution~ meetin~ in protest of the
devastating demands and actions of Santa Anna s government. Juan
Segl!in was the first to sound the alarm of impending danger to the way
ofTife and libertY that all Texans had enjoyed up to that point in time.
He was a son, husband, father, statesman, and veteran commander of
many battles. He was a scholar, the savior of San Antonio, Texas and
namesake for the city of Seguin, Texas.
Col. Juan N. Seguin was ana is a legendary figure as a leader in the
Texas Revolution. He was and is an unsung hero of Texas - a
legend~ figll;re who has seldom been given credit for his and his
family's conlributions in helping in the evolution of Texas.
The Need to Honor Juan N. Seguin
The history of Texas has often been told without a full
representation ot-the contributions of Tejanos, and the' risks they faced.
Durin~ the fight for independencetboth Anglos and Tejanos fought
equallY hard ~gainst the tyranny 0 Santa Anna, who was open~
violation the Mexican Constitution of 1824. However, if tile fi t for
independence had been unsuccessful, some of the Anglgs coul have
returned to the United States without further risk. The-Tejanos, on the
other hand, would have been subjected to loss ofRropertY at best or,
most likely, loss of life. Juan Seguin was a Spanish oornTe.iano who
risked his-hfe and prQ~ertv, not to support any particular culture, but to
do what was rig!1t ana just. This is the ultimate contribution that a citizen
can offer his or her country. By honoring Juan N. Seguin, we are
honoring all good citizens of'fexas.
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Sounded "Call to Arms" Campaign for a Free Texas
Juan Seguin's thirst for liberty was one of the motivation forces
behind the Texas War For Ind~pendence. His entire career of
Commerce, civic and military readership was closely associated with the
deeds of that struggle 1833 - - Juan SegQin's business ability emerged
early in his 26th year when he obtained the "headright" to tIie landlhat
later became the site for the City of Galveston, Texas. Juan's political
and militaIy careers then commenced a unique chapter of heroism,
service and sacrifice for the Texas Republic. His role amidst the events
of the founding of a free Texas included:
1834 - - Appointed Territorial Governor ("Jefe Politico") of Texas.
1834 - - Being the fITst to organize opposition to Gen. Santa Anna by
preparing a circular inviting citizens to take part in a Texas
Constitutional Convention.
1835 - - Appointed to the rank of Captain in the Texas Army by
Commander and Chief Stephen F. Austin: Captain Seguin recruited
fighters to defend against the invasion of Santa Anna's army; Juan
Seguin personally provide his own troops with horses, food and shelter.
1835- - Battle of Gonzales erupted over possession of a cannon wanted
returned by Mexican troops; Gonzales citizens challenged the troops to
"Come an Take It." Then used it to fire the first shot of the Revolution.
1835 - - Juan Seguin fought alongside Jim Bowie in the Battle of
Concepcion; then rushed to join the "Grass Fight" south of San Antonio
in an effort to slow the pace of Santa Anna's invading Army.
Freedom Fighter Signaled No turning back!*
"Texas Shall be Free!"
1835 - - "Siege of Bejar" - Captain Seguin with his 160 Tejano
ranchers and Texas volunteers attacked Gen. Cos' troops then in control
of San Antonio in a crucial battle that signaled "no turning back" by
Texas freedom fighters.
1836 - - The advance guard of Santa Anna's troops was sighted near San
Antonio which alerted the small detachment of defenders to quickly
regroup on the grounds of the Alamo: once there, the small unit of
Texans immediately prepared their defense of the mission against the
attacking troops of Gen. Cos that were soon to be dramatically increased
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by the much larger forces of General Santa Anna.
1836 - - The Siege of the Alamo commenced; Captain Seguin defended
the mission alongside Crocket, Travis and Bowie until ordered by
Colonel Travis to break through The Mexican lines in search of
additional Texas troops.
1836 - -The "Fall of the Alamo" occurred while Captain Seguin was
following his orders to ride to Goliad in search of reinforcements from
the troops of Colonel Fannin.
1836 - - He next rushed to warn and help defend Texas citizens fleeing
from the path of the Mexican Army during the ensuing "Runaway
Scrape. "
1836 - - Captain Seguin commanded Company "A" (cavalry) of the 2nd
Regiment during the Texas victory over Santa Anna's Army at San
Jacinto; soon after that brief struggle, he was ordered by General Sam
Houston to enforce the orderly withdrawal of Santa Anna's troops from
Texas.
1836 - - Captain Seguin with his army re-entered San Antonio to accept
the surrender of the Mexican forces there under the command of Lt.
Francisco Castaneda, the same officer involved in the opening skirmish
over the cannon at Gonzales.
Citizens honored war hero * Re-named town Seguin
1836 - - He was promoted to the rank ofLt. Colonel by Republic of
Texas President David Burnet, who expressed "special trust in the
courage, patriotism and ability of Juan N. Seguin."
1837 - - He successfully appealed to his friend, Sam Houston, to rescind
a prior military order to destroy San Antonio by fire, thus earning
Colonel Seguin the respect for saving that city.
1837 - - Order by Sam Houston to bury the remains of the Alamo
defenders, Colonel Seguin provided the martyrs with a Christian burial
including full military honors.
1839 - - Colonel Seguin was honored by the citizens of Walnut Springs
who voted to change the name of their community to "Seguin" because
of his service to Texas during its heroic struggle for Independence.
1837- 1840 - - The Biographical Directory of the Texas Conventions
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and Congresses states that Juan Ser:in was an elected member of the
Senate of the Republic ofTexas'2n , 3rdand 4th Congresses; Senator
Seguin's legacy includes his strong leadership for adoption of a bill
requiring all of the Laws of the Republic of Texas to be written in both
English and Spanish. Senator Seguin held high his views that the
Republic's laws should protect all citizens and that "there can be no
doubt as to the rights an individual enjoys, and equally important what
his responsibilities are, as a citizen of Texas. "
1841 - - Juan Seguin is elected Mayor of San Antonio.
1852 - - Won election as Bexar County Justice of the Peace; re-elected
for a second term two years later.
1869 - - Elected Wilson County Judge.
1874 - - Juan Seguin was declared a hero of the Texas War For
Independence by the Texas Legislature and provided a lifetime pension
by the state.
State Recognition * Juan Se2uin a Texas Hero
Growing up in the wilds of a totally tree but dangerous frontier,
Juan Segqin's greatest desire was for the people of Texas to be able to
live free. He was the first to sound the alarm of impending dangers to
Texas by a dictatorship.
Juan Seguin's cry for liberty was never silenced. He publicly declared at
the beginning of the Texas Revolution:
"Texas shall be free and independent, or we shall perish in glorious combat."
When delivering the burial address for the Alamo hero's he said: "Yes,
my friends, they preferred to die a thousand times, than to live under the yoke of a
tyrant. "
And General Sam Houston in a personal letter to Juan Seguin on Janu~
16, 1837 wrote: "As to my confidence in you, I solicit you to rest assured that I
entertain for you a high regard. And repose m you honor and chivalry the most
implicit confidence."
Colonel Seguin died on August 27, 1889 in Nuevo Laredo,
Mexico, where one of his sons haa served as Mayor. The remains of
Colonel Se~in were returned to his beloved Texas to his namesake City
of Seguin for re-burial and long overdue honors during_dedication
ceremQni~s of his tomb on July 4, 1976 by the SeguinlJicentennial
CommISSIon.
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Juan Seguin's services, heroic actions and contributions to Texas
Independence are an historic chapter of state history that may have been
equaled, but never surpassed.
Inheriting A Dream * Thirst For Independence
Juan Seguin iiiherited his love for Texas Independence as a family
tradition. Seguin Family members were amon~the original settlers to
arrive and build some of the earlier villa~es in Texas starting as early as
1722. The original Sezuins during the 161h" century had migrated from
Gevauden France to l\Iew Spain In the Western Hemis.phere.
Santiago Seguin, Juan's Grandfather, in 1778 supplieoTexas beef to the
Spanisll Forces allied with American colonists wlio were fighting for
tlieir independence from England.
Erasmo, tather of Juan SeguIn was a close friend of Stephen F. Austin.
Erasmo served as Postmaster of the Texas
Territory for 30 years. He was also a senator in the Mexican Congress
representing Texas. Erasmo was later selected by
Texans to be one of the signers of the Declaration of Independence from
Mexico. Respected even by his enemies.
Erasmo held public office during the occupation of the territory of Texas
by each of three different nations, including the Spanish Crown, the
Mexican Republic and, finally the Texas Republic.
Juan's mother, Josefa Au~stma Bercerra, was a descendant of the
original "Canary Islander settlers in Texas. His wife, and mother of his
ten children, was Maria Gertrudis Eusevia Flores also a "Canary
Islander" descendant. The town of Floresville was named in her families
honor. They had donated all of the land for that town to be built.
Please contact
Linda Garcia
713-643-1195
5