HomeMy WebLinkAbout2001-04-09 Regular Meeting and Public Hearings
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MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING
OF LA PORTE CITY COUNCIL
April 9, 2001
1. CALL TO ORDER
The meeting was called to order by Mayor Norman Malone at 6:00 PM
Members of City Council Present: Councilpersons Guy Sutherland, Chuck Engelken,
Howard Ebow, Alton Porter, Deotis Gay, Charlie Young, Jerry Clarke, and Norman
Malone.
Members of Council Absent: Peter Griffiths.
Members of City Executive Staff and City Emplovees Present: City Manager Robert T.
Herrera, City Attorney Knox Askins, Assistant City Manager John Joerns, City Secretary
Martha Gillett, Assistant City Secretary Sharon Harris, Finance Director Cynthia
Alexander, Assistant Finance Director Mike Dolby, Director of Administrative Services
Louis Rigby, Public Works Director Steve Gillett, Planning Director Doug Kneupper,
Police Chief Richard Reff, Administrative Secretary Rose Hall, Deputy
Clerk/Receptionist Charlotte Boudreaux, and City Engineer Masood Malik.
Others Present:, Reverend Dan Chappell, Colleen Hicks, Dave Turnquist, Nick Barrera,
Jean Young, Icess Fernandez, Spero Pomonis, Bea Svambera, and a number of citizens.
2. Reverend, Dan Chappell of Fairmont Park Baptist Church delivered the invocation.
3. Council considered approving the minutes ofthe Special Called Meeting and Public
Hearing on March 19,2001.
Motion was made by Councilperson Engelken to approve the minutes of the Special
Called Regular Meeting and Public Hearing on March 19.2001 as presented. Second by
Councilperson Sutherland. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, Clarke and Malone.
Nays: None
Abstain: None
4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND
TAXPAYERS WISHING TO ADDRESS COUNCIL.
The following citizens addressed City Council:
Bennie Martinez - 14026 Wadsbridge Houston, Texas 77015 - Gregory Garcia - 4607
Lamar Houston, Texas 77023 Mr. Martinez and Mr. Garcia with The Seguin Family
Historical Society addressed council about Juan Seguin and the many great deeds he did
in the state of Texas. They requested the city to rename Highway 225 to the Juan Seguin
Memorial Highway.
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City Council Minutes 4/9/01 - Page 2
5. PUBLIC HEARING - Zoning Ordinance - Council discussed rezone request of a 7-acre
area from neighborhood commercial (NC) to high-density residential (R-3) Ord. 1501-00
and R-OI-001.
Open Public Hearing - Mayor Malone opened the Public Hearing at 6: 15 PM.
Review by Staff - Planning Director Doug Kneupper presented summary and answered
Council's questions
Public Input - Brad Dill, President BD Realty Advisors, L.L.C., Manager. Mr. Dill- 450
N. Sam Houston Pkwy. East, Suite # 152 Houston, Texas 77060. Mr. Dill addressed
Council during the Public Hearing to inform Council of the reasons he was opposed to
the rezoning request.
Recommendation of Staff - Planning Director Doug Kneupper informed City Council the
Planning and Zoning Commission recommended approving this request.
Close Public Hearing - Mayor Malone closed the Public Hearing at 6:47 PM.
6. Council considered approval of Rezone Request # R 01-001 and Ordinance # 1501-00
City Attorney read: ORDINANCE 1501-00 - AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE
COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF
LA PORTE, BY CHANGING THE CLASSIFICATION OF THAT CERTAIN PARCEL
OF LAND DESCRIBED AS FOLLOWS, TO-WIT; LOTS 69 & 70, PT. OF TR 71 LA
PORTE OUTLOTS, TOWN OF LA PORTE; MAKING CERTAIN FINDINGS OF
FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Sutherland to approve Ordinance 1501-00 as
presented by Mr.Kneupper and recommended by the Planning and Zoning Commission.
Second by Councilperson Porter. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Porter, Clarke and Malone.
Nays: Gay and Young
Abstain: None
7. PUBLIC HEARING - Zoning Ordinance - Council discussed Special Conditional Use
Permit for construction of Church in R-I Zone 1501-PP and SCU #01-002.
Open Public Hearing - Mayor Malone opened the Public Hearing at 6:47 PM.
Review by Staff - Planning Director Doug Kneupper presented summary and answered
Council's questions.
Public Input -No public input
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City Council Minutes 4/9/01 - Page 3
Recommendation of Staff - Planning Director Doug Kneupper informed City Council the
Planning and Zoning Commission recommended approving this request.
Close Public Hearing - Mayor Malone closed the Public Hearing at 6:55 PM
8. Council considered approval of Special Conditional Use Permit SCUO 1-002 and
Ordinance 2001-1501-PP.
Planning Director Doug Kneupper made recommendation on this item during the public
hearing.
City Attorney read: ORDINANCE - 150 I-PP - CONSIDER APPROVAL OR OTHER
ACTION REGARDING AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY
REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY
GRANTING A SPECIAL CONDITIONAL USE PERMIT FOR THA T PARCEL OF
LAND DESCRIBED AS FOLLOWS, TO-WIT; LOTS 1 THROUGH 13 OF BLOCK 79,
TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; FOR THE PURPOSE OF
BUILDING AND OPERATING A CHURCH WITHIN A LOW-DENSITY
RESIDENTIAL (R-l) ZONE.
Motion was made by Councilperson Gay to approve Ordinance 1501-PP as presented by
Mr. Kneupper and recommended by the Planning and Zoning Commission. A second by
Councilperson Sutherland. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, Clarke and Malone.
Nays: None
Abstain: None
9. Council considered approving two ordinances: the first to close, vacate, and abandon the
alley in Block 1159, Town of La Porte, also provide for the abandonment of an existing
10" sanitary sewer line located within the alley. Second, consider approval to execute a
Special Warranty Deed granting a 100 square foot tract out of Lot 17, Block 1159 to Jack
McCoy.
Planning Director Doug Kneupper presented summary and recommendation and
answered Council's questions.
City Attorney read: ORDINANCE 2001-2478 - AND ORDINANCE 2001- 2479 AN
ORDINANCE V ACA TING ABANDONING AND CLOSING THE ALLEY IN
BLOCK 1159, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS AND CONSIDER
APPROVAL OR OTHER ACTION REGARDING AND ORDINANCE APPROVING
AND AUTHORIZING THE CITY OF LA PORTE TO EXECUTE AND DELIVER A
SPECIAL WARRANTY DEED TO JACK C. MCCOY OF A FIVE FOOT
BY TWENTY-FOOT STRIP OUT OF LOT SEVENTEEN, BLOCK ELEVEN
HUNDRED FIFTY-NINE, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS.
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City Council Minutes 4/9/01 - Page 4
Motion was made by Councilperson Ebow to approve Ordinances 2001-2478 and
Ordinance 2001-2479 presented by Mr. Kneupper. Second by Councilperson Clarke.
The motion carried.
Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, Clarke, and Malone.
Nays: None
Abstain: None
10. Council considered approving an ordinance appointing Ms. Sharon D. Harris as Assistant
City Secretary.
City Secretary Martha Gillett presented summary and recommendation and answered
Council's questions.
City Attorney read: ORDINANCE 2001-2480 - AN ORDINANCE APPOINTING AN
ASSISTANT CITY SECRETARY OF THE CITY OF LA PORTE; PROVIDING A
SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE
DATE HEREOF.
Motion was made by Councilperson Porter to approve Ordinance 2001-2480 as presented
by Martha Gillett. Second by Councilperson Gay. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, Clarke, and Malone.
Nays: None
Abstain: None
11. Council considered approval of ordinance 1000-1-1 by adding an area at a restaurant
where wine and/or beer for consumption on the premises may be sold
City Secretary, Martha Gillett presented summary and recommendation and answered
Council's questions.
Assistant City Attorney read ORDINANCE 1000-1-1 - AN ORDINANCE OF THE
CITY OF LA PORTE, TEXAS, AMENDING CHAPTER 6, SECTION 6-78 OF THE
CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY ADDING AN AREA
AT A RESTAURANT WHERE WINE AND/OR BEER FOR CONSUMPTION ON
THE PREMISES MAY BE SOLD; FURTHER PROVIDING A SAVINGS CLAUSE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Motion was made by Councilperson Engelken to approve Ordinance 1001-1-1 as
presented by Martha Gillett Second by Councilperson Clarke. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, Clarke, and Malone.
Nays: None
Abstain: None
12. Council considered approving an ordinance authorizing the City Manager to execute
agreements for Professional Services for development of a Parks System Master Plan.
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City Council Minutes 4/9/01 - Page 5
Parks Director Stephen Barr presented summary and recommendation and answered
Council's questions.
Assistant City Attorney read: ORDINANCE 2001-2481-AN ORDINANCE
APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF
LA PORTE AND HALFF ASSOCIATES, INC. TO PROVIDE PROFESSIONAL
SERVICES FOR THE DEVELOPMENT OF A PARKS MASTER PLAN FOR THE
CITY OF LA PORTE APPROPIA TING FUNDS NOT TO EXCEED $45, 000.00 TO
FUND SAID AGREEMENT; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITHT THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Clarke to approve Ordinance 2001-2481 as
presented by Mr. Stephen Barr. Second by Councilperson Ebow. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, Clarke and Malone.
Nays: None
Abstain: None
13. Council considered approving Ordinance No. 2001-2474-A amending the original
Industrial Waste ordinance to reflect changes in the court of injunctive relief.
Public Works Director Steve Gillett presented summary and recommendation and
answered Council's questions.
Assistant City Attorney read: ORDINANCE 2001-2474-AN ORDINANCE
AMENDING CHAPTER 74, "UTILITIES", ARTICLE II, "INDUSTRIAL WASTE",
OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, SAID ARTICLE
BEING THE INDUSTRIAL WASTE ORDINANCE OF THE CITY OF LA PORTE,
REGULATING THE DISCHARGE OF INDUSTRIAL WASTE INTO PUBLIC
SEWERS OF THE CITY OF LA PORTE, TEXAS PROMULGATING REGULATIONS
AND ESTABLISHING CHARGES FOR SERVICES RENDERED PROVIDING THAT
ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE
DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE
FINED NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00), AS
PROVIDED IN APPENDIX B OF THE CODE OR ORDINANCES OF THE CITY OF
LA PORTE; EACH DAY OF VIOLATION SHALL BE DEEMED A SEPARATE
OFFENSE; CONTAINING SEVERABILITY AND REPEALING CLAUSES;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING
AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Ebow to approve Ordinance 2001-2474-A as
presented by Mr. Steve Gillett. Second by Councilperson Engelken the motion carried.
Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, Clarke, and Malone.
Nays: None
Abstain: None
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City Council Minutes 4/9/01 - Page 6
14. Council considered approving an ordinance authorizing the Mayor to execute an
Agreement to Contribute Funds between the City of La Porte and the State of Texas, and
funding the Agreement from the Transportation Infrastructure Fund.
Public Works Director Steve Gillett presented summary and recommendation and
answered Council's questions.
City Attorney read: ORDINANCE 2001-2482 - AN ORDINACE APPROVING AND
AUTHORIZING AN AGREEMENT FOR COST PARTICIPATION BETWEEN THE
CITY OF LA PORTE AND THE TEXAS DEPARTMENT OF TRANSPORATION,
FOR LAND ACQUISITION FOR THE RIGHT-TURN LANE ON STATE HIGHWAY
146 TO WHARTON WEENS BLVD.; APPROPRIATING NOT TO EXCEED
$5,000.00 TO FUND SAID CONTRACT; MAKING V AROIUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTNE DATE HEREOF.
Motion was made by Councilperson Engelken to approve Ordinance 2001-2482 as
presented by Mr. Steve Gillett. Second by Councilperson Porter. The motion carried.
Ayes: Sutherland, Engelken, Porter, Ebow, Gay, Young, Clarke, and Malone.
Nays: None
Abstain: None
15. Council considered the approval of Ordinance 2001-2483 authorizing a contract for the
collection of delinquent taxes.
Finance Director Ms.Cynthia Alexander presented summary and recommendation and
answered Council's questions.
Assistant City Attorney read: ORDINANCE 2001-2483 - AN ORDINANCE
APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA
PORTE AND THE LAW FIRM OF PERDUE, BRANDON, FIELDER, COLLINS &
MOTT, L.L.P., FOR THE COLLECTION OF DELINQUENT TAXES; MAKING
VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING
AN EFFECTNE DATE HEREOF.
Motion was made by Councilperson Porter to approve Ordinance 2001-2483 as presented
by Ms. Cynthia Alexander. Second by Councilperson Engelken. The motion carried.
Ayes: Sutherland, Engelken, Porter, Ebow, Gay, Young, Clarke, and Malone.
Nays: None
Abstain: None
16. Consent Agenda
A. Consider authorizing purchase of front loader from the general fund contingency
through the cooperative purchasing agreement with H-GAC - S. Gillett
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City Council Minutes 4/9/01 - Page 7
B. Consider awarding bid to declare V opak a sole source supplier of Permanone 31-
66 and award bid for the purchase of permanone and the sunpar mineral oil- S.
Gillett
Motion was made by Councilperson Gay to approve the consent agenda as presented by
Mr. Gillett. Second by Councilperson Engelken. The motion carried.
Ayes: Sutherland, Engelken, Porter, Ebow, Gay, Young, Clarke, and Malone.
Nays: None
Abstain: None
17. ADMINISTRATIVE REPORTS: City Manager Robert Herrera brought to Council's
attention that the City would be observing Good Friday on April 13, 2001. He also
reminded Council of Sylvan Beach Day on April 28, 2001. In closing Mr. Herrera
apologized to Council for the limited parking spaces available due to the expansion of
City Hall.
18. COUNCIL COMMENTS
Councilpersons Sutherland, Engelken, Ebow, Porter, Gay, Young, Clarke and Mayor
Malone brought items to Council's attention.
19. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN
MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084, TEXAS
GOVERNMENT CODE, - (CONSULTATION WITH ATTORNEY,
DELffiERATION REGARDING REAL PROPERTY, DELffiERATION
REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS,
CONFERENCE WITH EMPLOYEES DELffiERATION REGARDING
SECURITY DEVICES, OR EXCLUDING A WITNESS DURING
EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION)
551.086 (Deliberation regarding Economic Development Negotiations)
Meet with City Manager regarding economic development negotiations.
Council retired to executive session at 7:45 P.M.
20. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED IN
EXECUTIVE SESSION
Council returned to the table at 8:30 P.M. with no action taken.
21. ADJOURNMENT
There being no further business to come before Council, the Regular Meeting and was
duly adjourned at 8:32 P.M.
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City Council Minutes 4/9/01 - Page 8
Respectfully submitted,
vfYlOAJJ1~a. J4AJfiu
Martha Gillett
City Secretary
p~;~daY 0: April 2001.
~t::: Malone, Mayor
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agmda Date Requested: :~
Requested By: Dou2 Kneupp
Department: Plannin2
Exhibits:
Ordinance
Staff Report to P&Z
Area Map
Mail Out Response
Appropriation
Source of Funds: N/A
Account Number: N/A
Amount Budgeted: N/A
Amount Requested: N/A
Budgeted Item: YES NO
Report: --LResolution: _ Ordinance:~
SUMMARY & RECOMMENDATION
The Planning and Zoning Commission, during their March 15, 2001 meeting, held a public
hearing to receive citizen comments regarding Rezone Request #R 01-001. This request is
seeking to change a 7-acre area from Neighborhood Commercial (NC) to High-Density
Residential (R-3). The Planning and Zoning Commission is seeking this request based on the
newly adopted Comprehensive Plan and Thoroughfare Plan.
The tract in question consists of approximately 7 acres of land located on the north side of
Spencer Highway between the Bayshore Baptist Church and the La Porte Municipal Airport.
Staff has researched the zoning designation of this tract dating back to the 1984 Comprehensive
Plan and Thoroughfare Plan. The present Neighborhood Commercial (NC) zoning designation
was assigned as a result of the previously proposed north/south arterial roadway just east of the
airport and a Commercial Land-Use designation for this area. The recently adopted
Thoroughfare Plan does not include the previous north/south arterial roadway adjacent to the east
side of the airport. In addition, the adopted Land-Use Plan indicates mid-to-high density
residential uses in this area instead of the previous commercial uses.
With these changes to the Land-Use and Thoroughfare Plans, the present zoning designation of
NC is inappropriate. Granting this requested change would be in agreement with the Land-Use
and Thoroughfare components ofthe updated Comprehensive Plan.
Nine notices of public hearing were mailed to surrounding property owners; one response was
received and is attached. The Planning and Zoning Commission, by unanimous vote, has
recommended City Council approval of Rezone Request #R 01-001.
Action Required by Council:
1. Conduct public hearing.
2. Consider approval of Rezone Request #R 01-001.
Approved for City Council A2enda
Q~ '\. ~~
Robert T. Herrera, City Manager
'L\-a-o\
Date
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ORDINANCE NO. 1501- {)(]
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING
ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING THE CLASSIFICATION
OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: LOTS
69 & 70, PT. OF TR 71 LA PORTE OUTLOTS, TOWN OF LA PORTE; MAKING
CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
"Section 1. The City Council of the City of La Porte hereby finds, determines
and declares that heretofore, to-wit, on the 15th day of March 2001, at 6:00 p.m. a
Public Hearing was held before the Planning and Zoning Commission of the City of La
Porte, Texas, pursuant to due notice as required by the Open Meetings Law, Chapter
551, Texas Government Code, to consider the question and the possible
reclassification of the zoning classification of the hereinafter described parcels of land.
There is attached to this Ordinance as Exhibit "A", and incorporated by reference herein
and made a part hereof for all purposes, a copy of Notice of Public Hearing which the
City Council of the City of La Porte hereby finds was properly mailed to all owners of all
properties located within two hundred feet (200') of the properties under consideration.
"Section 2. The publisher's affidavit of publication of notice of said hearing is
attached hereto as Exhibit "B", incorporated by reference herein and made a part
hereof for all purposes.
"Section 3. Subsequent to and immediately following such public hearing, the
Planning and Zoning Commission of the City of La Porte met in regular session on the
15th day of March, 2001, to consider the changes in classification which were the
subject of such public hearing. The City Council of the City of La Porte is in receipt of
ORDINANCE NO. 15t. tt)
Page 2 of 4
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the written recommendations of the City of La Porte Planning and Zoning Commission,
by letter dated March 16, 2001, a true copy of which letter is attached hereto as Exhibit
"C", incorporated by reference herein and made a part hereof for all purposes.
"Section 4. Subsequent to receipt of the recommendation of the City of La
Porte Planning and Zoning Commission, the City Council of the City of La Porte called a
public hearing on the proposed classification changes and the recommendation of the
Planning and Zoning Commission on the 9th day of April, 2001, at 6:00 p.m., and
pursuant to due notice, to consider the recommendation of the Planning and Zoning
Commission regarding the possible reclassification of the zoning classification of the
hereinafter described parcels of land. There is attached to this Ordinance as Exhibit
"0", incorporated by reference herein and made a part hereof for all purposes, a copy of
the notice of public hearing which the City Council of the City of La Porte hereby finds
was properly mailed to the owners of all properties located within two hundred feet
(200') of the properties under consideration.
"Section 5. The publisher's affidavit of publication of notice of said hearing is
attached hereto as Exhibit "E", and incorporated by reference herein and made a part
hereof for all purposes.
"Section 6. The City Council of the City of La Porte hereby accepts the
recommendation of the City of La Porte Planning and Zoning Commission, and the
zoning classification of the hereinafter described parcels of land, situated within the
corporate limits of the City of La Porte, is hereby changed, and the zoning classification
of said parcels of land shall hereafter be "R-3 - High Density Residential." The
ORDINANCE NO. 15' a)
Page 3 of4
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description of said parcels of land rezoned to Medium Density Residential is as follows,
to-wit:
LOTS 69 & 70, PT OF TR 71 LA PORTE OUTLOTS, TOWN OF LA
PORTE
"Section 7. The City Council of the City of La Porte hereby finds, determines,
and declares that all prerequisites of law have been satisfied and hereby determines
and declares that the amendments to the City of La Porte Zoning Map and
Classification contained in this Ordinance as amendments thereto are desirable and in
furtherance of the goals and objectives stated in the City of La Porte's Comprehensive
Plan.
"Section 8. The City Council officially finds, determines, recites and declares
that a sufficient written notice of the date, hour, place and subject of this meeting of the
City Council was posted at a place convenient to the public at the City Hall of the city
for the time required by law preceding this meeting, as required by the Open Meetings
Law, Chapter 551, Texas Government Code; and that this meeting has been open to
the public as required by law at all times during which this ordinance and the subject
matter thereof has been discussed, considerE!d and formally acted upon. The City
Council further ratifies, approves and confirms such written notice and the contents and
posting thereof.
"Section 9. This Ordinance shall be in effect from and after its passage and
approval.
ORDINANCE NO. 15' eo
Page 4 of 4
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Passed and approved this the q#1 day of April. 2001.
CITY OF LA PORTE
BY:~A
NO N AL N. ayor-
ATTEST:
By~~1r~
MA THA GILL TT
City Secretary
APPROVED:
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THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the
La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 15th
day of March, 2001, in the Council Chambers of the City Hall, 604 West Fainnont Parkway, La
Porte, Texas. The purpose of this hearing is to consider rezone request #R 01-001, which has been
requested for approximately 7 acres tract or parcel of land includes LTS 69 & 70, Pt. of TR 71 La
Porte Outlots, situated to the east of the pipeline corridor along Spencer Highway, La Porte, Texas.
The City of La Porte is seeking this request based on the newly adopted Comprehensive Plan and
Thoroughfare Plan. The property in question is being considered for rezoning from Neighborhood
Commercial (NC) to High Density Residential (R-3).
A regular meeting of the Planning and Zoning Commission will follow the public hearing
for the purpose of acting upon the public hearing items and to conduct other matters pertaining to
the Commission.
Citizens wishing to address the Commission pro or con during the Public Hearing will be
required to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett
City Secretary
()(}UBlT A. t, '
THE-C:;T An: OF TEXAS
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COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC
HEARING
.146
50
1414
:as 77571
281-471-1234
Fax: 281-471-5763
E-mail: baysun@swbell.net
In accordance b
with the provisions of Sec. e
tion 106-171 of the Code
of Ordinances of the City
of La Porte, and the provi.
sions of the Texas Local
Govemment Code, notice
is hereby given that the La
Porte Planning and Zoning
Commission will conduct a
public hearing at 6:00 P.M.
on the 15th day of March,
2001, in the Council
Chambers of the City Hall, La Porte
604 West Falrmont Park.
way, La Porte, Texas. The of Harris
purpose of this hearing is
to consider rezone reque f Texas
#R01-001. . ich has b
requested or a oxi.
mate acr tract h d . d th' thO d t
cel d s L me, t e un erslgne au onty, on IS a e
~~rte7 ot s t~ md appeared Karolyn Kellogg, a duly authorized
the .eas of he 'peline :>ntative of The Bayshore Sun a semi-weekly
corndor alo Spencer " ,
Highway, La Porte, Texas. :lper published and generally distributed in the
The City of La Porte is
seeking this request based La Porte, Harris County, Texas and who after.
on the newly adopted
Comprehensive Plan and july sworn, swears the attached notice was
Thoroughfare Plan. The 2 / 2 5 / 0 1
property in question Is be. led in The Bayshore Sun dated
'ng consider for rezoning
from Neighborhood Com.
mercial (NC) to High Den-
sity Residential (R-3).
B
re Sun
A regular meet-
ing of the Planning and
Zoning Commission will
follow the public hearing
for the purpose of acting
Jpon the public hearing
'lems and to conduct other
:natters pertaining to the
Commission.
} ~}.
~ ' ,J
f)a/LlGL~rv r,:- LUJf-
Karolyn Kellogg
Authorized Representative
Citizens wishing
o address the Commis.
lion pro or con durinQ the
:>ublic Hearing will be reo
1uired to sign in before the
neeting is convened.
and subscribed before me this c2 ;l IV f)
,2001.
day of ~~
,~l~,~
~---------------..-Q
CITY OF LA PORTE ,l
Martha Gillett ,ANORA E. BUMGARNER ~
City Secretary OTAAY puellc. STATE OF TEXAS ~
MY C~MMISSION EXPIRES ~
~ ~ Ft:8, 19.2002 S
:,,0___................::: S
;;'O---..............._....__...-::..:r____~
Sandra E. Bumgarner
Notary Public
Harris County, Texas
EXHIBIT B
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City of La Porte
Established 1892
March 16, 2001
Honorable Mayor Norman Malone and City Council
City of La Porte
Re: Rezone Request #R01-001
Dear Mayor Malone:
The La Porte Planning and Zoning Commission, during its March 15, 2001,
meeting, held a public hearing to consider Rezone Request #R01-001.
Approximately 7 acres of land including Lts. 69 & 70, Pt. of TR 71 La Porte
Outlots, situated to the east of the pipeline corridor along Spencer Highway,
would be rezoned from Neighborhood Commercial (NC) to High Density
Residential (R-3).
The Planning and Zoning Commission, by unanimous vote, has recommended
approval of Rezone Request #RO 1-00 1 .
Respectfully submitted,
~dJ~
Chairperson, Planning and Zoning Commission
P,O. Box 1115 . La Porte, Texas 77572-1115 . (281) 471-5020
SCHIBIT C
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THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the
La Porte City Council will conduct a public hearing at 6:00 P.M. on the 9th day of April, 2001, in
the Council Chambers of the City Hall, 604 West Fainnont Parkway, La Porte, Texas. The purpose
of this hearing is to consider rezone request #R 01-001, which has been requested for approximately
7 acres ofland including L TS 69 & 70, Pt. ofTR 71 La Porte Outlots, La Porte, Texas. The City of
La Porte is seeking this request based on the newly adopted Comprehensive Plan and Thoroughfare
Plan. The property in question is being considered for rezoning from Neighborhood Commercial
(NC) to High Density Residential (R-3).
A regular meeting of the City Council will follow the public hearing for the purpose of
acting upon the public hearing items and to conduct other matters pertaining to the Council.
Citizens wishing to address the Council pro or con during the Public Hearing will be
required to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett
City Secretary
[;(HiB1T D
THE STATE OF TEXAS
~
.JI>
COUNTY OF HARRIS
CITY OF LA PORTE,
NOTICE OF PUBLIC
HEARING
In accordance
with the provisions of Sec-
tion 106-171 of the Code
of Ordinances of the City
of La Porte. and the provi-
sions of the Texas Local
Government Code. notice
is hereby given that the La
Porte City Council will con-
duct a public hearing at
6:00 P.M. on the 9th day
of April, 2001, in the
Council Chambers of the
City Hall, 604 West Fair-
mont Parkway, La Porte,
Texas. the purpose of this
hearing is to consider re-
zon request #R01-001,
w c has n requested
for . ately 7 acre~
of Ian inc ing L T~
69&70 1. of 71 La
Porte u Porte,
Tex . of La
Porte is s ng this re-
quest base on the newly
adopted Comprehensive
Plan and Thoroughfare
Plan. The property in
question is being consid-
ered for rezoning from
Neighborhood Commercial
(NC) to High Density Resi-
dential (R-3).
A regular meet-
ing of the City Council will
follow the public hearing
for the purpose of acting
upon the public hearing
items and to conduct other
matters pertaining to the
Council.
Citizens wishing
to address the Council pro
or con during the Public
Hearing will be required to
sign in before the meeting
is convened.
CITY OF LA PORTE
Martha Gillett
City Secretary
e
146
iO
.414
lS 77571
lteD
Porte
Harris
3xas
e
281-471-1234
Fax: 281-471-5763
E-mail: baysun@swbell.net
, the undersigned authority, on this date
appeared Karolyn Kellogg, a duly authorized
ltive of The Bayshore Sun, a semi-weekly
r published and generally distributed in the
Porte, Harris County, Texas and who after
sworn, swears the attached notice was
in The Bayshore Sun dated 3/21 /01
) ~
r '., I / I / I' ') 1__
4Q.. leU · .f-' /'- u ''3f?
u .
Karolyn Kellogg
Authorized Representative
subscribed before me this .;2;2 &- day of ';;} lt~,-<-j,-
, 2001.
! ? ./t;<
4~,-,- /~ . f,.k"',U/>.-'~~
Sandra E. Bumgarner
Notary Public
Harris County, Texas
EXHIBIT E.
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Staff Report
March 15, 2001
Zone Change Request #R 01-001
The Planning and Zoning Commission in their February 15, 2001, meeting directed staff
to assess existing development conditions and future development strategies relating to
commercial and residential land uses and zoning under the guidance of the updated
Comprehensive Plan and Thoroughfare Plan. Section 106-171 of the City's Code of
Ordinances allows the Planning and Zoning Commission to make such a motion. The
area of interest is in proximity to the airport and pipeline corridor along Spencer
Highway. The following report considers revisions to the Land-Use Plan and zoning
designations in the area.
Back2round
The City's 1984 Comprehensive Plan and Thoroughfare Plan indicated the
need for a north/south arterial roadway east of the La Porte Municipal
Airport, intersecting S.H. 225 and running north/south along the pipeline
corridor to intersect Fairmont Parkway. That road would have been
aligned through a portion of the Spencer Landing subdivision. The
objective of this roadway was to maximize mobility within the community
by separating the street system and to distribute local and outside traffic to
major employment and activity centers of the area. This arterial roadway
would have formed two major intersections at Spencer Highway just east
of La Porte Municipal Airport and Fairmont Parkway east of Driftwood
Drive.
The Thoroughfare system is interrelated with other components of the
Comprehensive Plan including land :uses, housing, environment, public
utilities, and recreation and open space. Based on the presumption that the
north-south arterial roadway would have been constructed and intersect
Spencer Highway just east of the airport and pipeline corridor, the 1984
Land Use Plan provided for commercial uses in an area that would have
been a major intersection. Subsequently, Neighborhood Commercial (NC)
zoning was established at the intersection. This designation was
considered compatible with the goals and objectives of the Comprehensive
Plan at that time.
Analvsis
The Updated Comprehensive Plan and Thoroughfare Plan do not include
this north/south arterial roadway within this area. With no intersecting
arterial roadway in the vicinity, commercial land uses and Neighborhood
Commercial (NC) zoning is no longer desirable. Review of the City's
Zone Change Request #R'-OO I
March.IS,2001
Page 2 of2
It
Land Use Plan indicates that the surrounding area is envisioned as
, medium to high-density residential use, which is an appropriate and
compatible use for the subject area.
The property in question, approximately 7-acre tract of land is located on
the north side of Spencer Highway adjacent to the Bayshore Baptist
Church. The Neighborhood Commercial zoning designation assigned to
the tract in question was based on the City's 1984 Comprehensive Plan
and Thoroughfare Plan.
Land Use Plan is meant to serve as a general guideline in making
decisions about the appropriateness and suitability of land for future
development. Conformance of a zoning request with the Land Use Plan is
one consideration among several criteria to be considered. Other criteria
may include:
. Zoning and uses of nearby properties;
. Suitability of the property for the uses permissible within the zoning
designation;
. The gain, if any, to the public health, safety, and welfare of the city.
Staffhas studied-the existing land uses of nearby properties. There
already exists a sufficient amount of commercial land use along Spencer
Highway. This change would not diminish the opportunity for
commercial' development along Spencer Highway. Use of nearby
properties is predominantly low-density residential (Spencer Landing
Subdivision) and a 20-acre church facility.
Staff, using the updated Comprehensive Plan and Thoroughfare Plan as a
guide, fmds this area suitable for mid to high-density residential. The
current land use and development pattern also conforms to the proposed
change. .
Recommendations
Staff recommends modifying the adopted Land-Use Plan to eliminate
Commercial Uses in the area north of Spencer Highway and immediately
east of the Municipal Airport and specifying Mid to High Density ,
Residential Uses.
Staff recolIlmends changing the zoning designation of the previously
described 7-acre tract from NC to R-3.
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La Porte 33, L.L.C.
450 N. Sam Houston Parkway. East. Suite 152
Houston. 1)( 77060
BD Realty Advisors. l.l.C.. Manager
Telephone (281) 272-2560
Fax (281)272-2561
April 5, 2001
Via: Overnight Mail
Airborne Express No. 6443077152
Mayor Norman L. Malone
City of La Porte
604 West Fairmont Parkway
La Porte, TX 77572
Re: Rezoning Request #R 01-001
Dear Mayor Malone:
This letter is in response to the public hearing for the rezoning request #R 01-001 meeting
scheduled for April 9, 2001.
We are opposed to the rezoning for the following reasons:
. La Porte 33. L.L.C. owns one acre of land out of the seven acres under the rezoning
request. The one acre could not be reasonably developed into the permitted uses under
the R-3 requested zoning. The existing zoning, Neighborhood Commercial (NC), allows for
the highest and best use of the property. A one acre tract of land located on Spencer
Highway (Main Street) is not suited for residential uses and is only suited for commercial
uses as dictated by it's size and location. The R-3 zoning would for all practical purposes,
render this property unusable and unsalable.
. The property was purchased from the City of La Porte in October, 2000, less than 6 months
ago. We bid on the property on August 16, 2000 and the City accepted the bid on August
28, 2000. The existing NC zoning was in place when the property was purchased, and was
a significant material consideration in the sale/purchase price of the property, which the
City knew at the time. The City received from us a significantly higher selling price than
would have been paid if the property had been zoned R-3 at that time. The City's Planning
and Zoning Commission recommendation for the rezoning to the City Council was based
upon the approved Comprehensive Plan. The Comprehensive Plan was adopted by City
Council on January 22, 2001, which was 3 months after the land was purchased.
· There are numerous other commercial businesses along Spencer Highway in the City of La
Porte that are not located at a street corner, so having the City use this as a reason for the.
zoning change does not appear valid or consistent with previous and current practices of
the City.
Any actions by the City to rezone this property from the existing NC zoning, would be
construed by us as the City acting and dealing in "bad faith" based on the City selling us the
property less than six months ago and then rezoning it at a direct material loss in value to us
City of La Porte
April 5, 2001
Page Two
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as the City's buyer. If this rezoning continues, we will also consider this action as a taking by
the City and will seek compensation for the loss in value. This is a unique situation and the
City should consider the roll it has played as the seller of this property and those obligations
that may apply.
Please reject this rezoning request.
Respectfully,
La Porte 33, L.L.C.
tJdl~
Brad Dill, President
BD Realty Advisors, L.L.C., Manager
cc: Dennis Albright
e _
La Porte 33, L.L.C. .
450 N. Sam Houston Parkway, East. Suite 152
Houston: 1)( n060
BD Realty Advisors. L.LC.. Manager
Telephone (281) 272-2560
Fax (281) 272-2561
March 12, 2001
. Via: Fax (281) 471-7168 and Regular Mail
Mr. Doug Kneupper, P.E.
City of La Porte
P.O. Box 1115
La Porte, TX 77572-1115
R~~~
PLANNING
Re: Rezoning Request #R 01-001
Dear Mr. Kneupper:
This letter is in response to the Notice Of Public Hearing for the rezoning request #R 01-001 meeting
scheduled for March 15, 2001. We have enclosed the opposition form sent with the Notice and this
letter shall serve as our written opposition to the proposed Rezoning Request.
We are opposed to the rezoning for the following reasons:
. La Porte 33. L.L.C. owns one acre of land out of the seven acres under the rezoning request. The
one acre could not be reasonably developed into the permitted uses under the R-3 requested
zoning. The existing zoning, Neighborhood Commercial (NC), allows for the highest and best use
of the property. A one acre tract of land located on Spencer Highway (Main Street) is not suited for
residential uses and is only suited for commercial uses as dictated by it's size and location. The R-
3 zoning would for all practical purposes, render this property unusable",and unsalable.
. The property was purchased from the City of La Porte in October, 2000, less than 6 months ago.
The existing NC zoning was in place when the property was purchased, and was a significant
material consideration in the sale/purchase price of the property, which the City knew at the time.
The City received from us a significantly higher selling price than would have been paid if the
property had been zoned R-3 at that time.
. There are numerous other commercial businesses along Spencer Highway in the City of La Porte
that are not located at a street corner, so having the City use this as a reason for the zoning change
does not appear valid or consistent with previous and current practices of the City.
Any actions by the City to rezone this property from the existing NC zoning, would be construed by us
as the City acting and dealing in "bad faith" based on the City selling us the property less than six
months ago and then rezoning it at a direct material loss in value to us as the City's buyer. If this'
rezoning continues, we will also consider this action as a taking by the City and will seek compensation
for the loss in value. This is a unique situation and the City should consider the roll it has played as the
seller of this property and those obligations that may apply.
Please reject this rezoning request.
Respectfully,
La Porte 33, L.L.C.
ILP~
Brad Dill, President
80 Realty Advisors, L.L.C., Mana~er
Cc: Dennis Albright
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Exhibits:
Ordinance
SCUP #01-002
Area Map
Mail Out Response
Appropriation
Source of Funds: N/A
Account Number: N/A
Amount Budgeted: N/A
Amount Requested: N/A
Budgeted Item: YES NO
Agenda Date Requested: A
Department: Plannin!
Report: -L-Resolution: _Ordinance: ~
SUMMARY & RECOMMENDATION
The Planning and Zoning Conunission, during its March 15,2001, meeting, held a public hearing to receive citizen
comments regarding Special Conditional Use Pennit Request #SCUOl-002. The request, submitted by Ms. Deborah
Johnson on behalf of Pleasant Hill Baptist Church, seeks approval of a Special Conditional Use Pennit (SCUP) to
build a church on approximately 0.93 acre tract of land descnbed as lots 1 thru 13 of Block 79, Town of La Porte.
Religious institutions within a Low-Density Residential (R-l) zone are a Conditional Use, per Section 106-331 of
the Code of Ordinances.
Currently, Pleasant Hill Baptist Church is conducting services in an existing wood framed structure, which occupies
lots 15 and 16 of Block 79, located at 302 North 6th Street. The Church was built in the early 1950s. Due to an
increase in attendance, a new building for the Church is being considered now. Upon approval of the Special
Conditional Use Pennit, the applicant would be authorized to submit a site plan for the proposed development.
Staff has found the request satisfies all applicable ordinance requirements. The property is surrounded by houses and
undeveloped lots. The property is in the Northside Neighborhood, primarily a single-family residential community.
The facility would be compatIble with the surrounding properties and should not be injurious to the use, enjoyment
or value of those properties.
Forty-three (43) notices of public hearing were mailed to neighboring property owners. One favorable response was
received in this regard
The Planning and Zoning Conunission, by unanimous vote, has recommended City Council approval of Special
Conditional Use Pennit #SCUOI-002 with the following conditions:
1. Development is subject to all ordinances & regulations of the City of La Porte and all other
applicable laws.
2. Screening and/or landscaping of parking lot shall be required.
3. Landscaping shall be properly maintained by the owner/developer.
4. The applicant is responsible for public hearing costs of $155.72.
Action Required by Council:
1. Conduct public hearing.
2. Consider approval of Special Conditional Use Pennit #SCUO 1-002.
Approved for City Council A!enda
~T.~~
Robert T. Herrera, City Manager
q-'1-cJ (
Date
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ORDINANCE NO. 1501-11..-
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING
ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING A SPECIAL
CONDITIONAL USE PERMIT FOR THAT CERTAIN PARCEL OF LAND DESCRIBED
AS FOLLOWS, TO-WIT: LOTS 1 THROUGH 13 OF BLOCK 79, TOWN OF LA
PORTE, HARRIS COUNTY, TEXAS; FOR THE PURPOSE OF BUILDING AND
OPERATING A CHURCH WITHIN A LOW-DENSITY RESIDENTIAL (R-1) ZONE;
MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
"Section 1. The City Council of the City of La Porte hereby finds, determines
and declares that heretofore, to-wit, on the 15th of March, 2001, at 6:00 p.m. a Public
Hearing was held before the Planning and Zoning Commission of the City of La Porte,
Texas, pursuant to due notice as required by the Open Meetings Law, Chapter 551, .
Texas Government Code, to consider the question and the possible issuance of a
Special Conditional Use Permit of the hereinafter described parcels of land. There is
attached to this Ordinance as Exhibit "A", and incorporated by reference herein and
made a part hereof for all purposes, a copy of Notice of Public Hearing which the City
Council of the City of La Porte hereby finds was properly mailed to all owners of all
properties located within two hundred feet (200') of the properties under consideration.
"Section 2. The publisher's affidavit of publication of notice of said hearing is
attached hereto as Exhibit "B", incorporated by reference herein and made a part
hereof for all purposes.
"Section 3. Immediately following such public hearing on March 15, 2001, the
Planning and Zoning Commission of the City of La Porte met in regular session to
consider the issuance of a Special Conditional Use Permit, which was the subject of
such public hearing. The City Council of the City of La Porte is in receipt of the written
ORDINANCE NO.15t fP
Page 2
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recommendations of the City of La Porte Planning and Zoning Commission, by letter
dated March 16, 2001, a true copy of which letter is attached hereto as Exhibit "C",
incorporated by reference herein and made a part hereof for all purposes.
"Section 4. Subsequent to receipt of the recommendation of the City of La
Porte Planning and Zoning Commission, the City Council of the City of La Porte called a
public hearing on the proposed classification changes and the recommendation of the
Planning and Zoning Commission on the 9th day of April, 2001, at 6:00 p.m., and
pursuant to due notice, to consider the recommendation of the Planning and Zoning
Commission regarding the possible reclassification of the zoning classification of the
hereinafter described parcels of land. There is attached to this Ordinance as Exhibit
"0", incorporated by reference herein and made a part hereof for all purposes, a copy of
the notice of public hearing.
"Section 5. The publisher's affidavit of publication of notice of said hearing is
attached hereto as Exhibit "E", and incorporated by reference herein and made a part
hereof for all purposes.
"Section 6. The City Council of the City of La Porte hereby accepts the
recommendation of the City of La Porte Planning and Zoning Commission, and the
Special Conditional Use Permit for the hereinafter described parcels of land, situated
within the corporate limits of the City of La Porte, is hereby granted. The conditions of
said Conditional Use Permit shall be that it will be permissible to build and operate a
Church on the premises but subject to all ordinances and regulations of the City of La
Porte and other applicable law. The description of said parcels of land permitted
pursuant to said SCUP are as follows, to-wit:
ORDINANCE NO. 15'- .1L
Page 3
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Lots 1 through 13 of Block 79, Town of La Porte, Harris County, Texas.
"Section 7. The City Council of the City of La Porte hereby finds, determines,
and declares that all prerequisites of law have been satisfied and hereby determines
and declares that the amendments to the City of La Porte Zoning Map and
Classification contained in this Ordinance as amendments thereto are desirable and in
furtherance of the goals and objectives stated in the City of La Porte's Comprehensive
Plan.
"Section 8. The City Council officially finds, determines, recites and declares
that a sufficient written notice of the date, hour, place and subject of this meeting of the
City Council was posted at a place convenient to the public at the City Hall of the city
for the time required by law preceding this meeting, as required by the Open Meetings
Law, Chapter 551, Texas Government Code; and that this meeting has been open to
the public as required by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted upon. The City
Council further ratifies, approves and confirms such written notice and the contents and
posting thereof.
"Section 9. This Ordinance shall be in effect from and after its passage and
approval.
Passed and approved this the qtJ1 day of April, 2001.
CITY OF LA PORTE
BY:~J
N R A AL N , ayor '--
ORDINANCE NO. 15111..
Page 4
ATTEST:
APPROVED:
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THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the
La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 15th
day of March, 2001, in the Council Chambers of the City Hall, 604 West Fainnont Parkway, La
Porte, Texas. The purpose of this hearing is to consider Special Conditional Use Pennit Request
SCU 01-002, which has been requested for a 0.93 acre (40,625 sq. ft.) tract ofland described as lots
1 thru 13 of Block 79, Town of La Porte, Harris County, Texas. The property is located in the 300
Block of North 6th Street. Ms. Deborah Johnson is seeking approval to build a Church. Religious
institutions within a Low-Density Residential (R-1) Zone are a Conditional Use, per Section 106-
331 of the Code of Ordinances.
A regular meeting of the Planning and Zoning Commission will follow the public hearing
for the purpose of acting upon the public hearing items and to conduct other matters pertaining to
the Commission.
Citizens wishing to address the Commission pro or con during the Public Hearing will be
required to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett
City Secretary
EXHIBIT A
- It
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THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
IVy. 146
150
x 1414
~xas 77571
281-471-1234
Fax: 281-471-5763
E-mail: baysun@swbell.net
NOTICE OF PUBLIC
HEARING h
In accordance
with the provisions of Sec. e
tion 106-171 of the Code
of Ordinances of the City
of La Porte, and the provi-
sions of the Texas Local
Govemment Code. notice
Is hereby given that the La
Porte Planning and Zoning
Commission will conductJl
public h ring at 6:5,
on the 1 day of rc~, a Porte
200 I the ~I .
C e . ity II, )f Harris
604 st n ',Park-
w - La P e~ ~. The Texas
ase of IS heanng is
to consider pecial Condi-
tional Use Permit Request
SCU 01-002. which has e, the undersigned authority, on this date
been requested for a 0.93
acre (40,625 sq. ft.) tract ::l appeared Karolyn Kellogg, a duly authorized
of land described as lots 1 . .
thru 13 of Block 79, Town tatlve of The Bayshore Sun, a semi-weekly
of La Porte. Harris County, bl' h d II d' 'b d' h
Texas. The property is 10- 'er pU IS e and genera y Istn ute In t e
cated in the 300 Block of PH' C li d h f
North 6th Street. Ms. De-:l orte, arns ounty, exas an w 0 a ter.
borah Johnso~ is seeking Iy sworn swears the attached notice was
approval to bUild a Ch~rch. ,
Religious institutlon~ WIthin j in The Bayshore Sun dated 2/25/01
a Low-Density ReSidential
(R-1) Zone are a Concli-
tional Use. per Section
106-331 or the Code of
Ordinances.
B
re Sun
A regular meet-
ing of the Planning and
Zoning Commission will
follow the public hearing
for the purpose of acting
upon the public hearing
items and to conduct oth-
er matters pertaining to the
Commission. j subscribed before me this .;1,;2 ,,)-11-
Citizens wishing , 2001.
to address the Commis- J i ~I
sion pro or con during the / /
Public Hearing will be re- , ~U-/ A ' ~1C'_~X.t:.~
qui red to sign in before the , )
meeting Is convened.
~ 'l"l
1,\ ' ,~', I I
" , I [,i,L. (\ J f1-t CSr
o '
Karolyn Kellogg
Authorized Representative
day of >Ylt2~~
:.--............................................................-1
CITY OF LA PORTE E. BUMGARNER ~
Martha Gillett LIe, STATE OF TEXAS S
City Secretary ~ISSION EXPiRES S
--. 19,2002 X
--_......_--.;;..o"_............__..r_.............__....~____l
Sandra E. Bumgarner
Notary Public
Harris County, Texas
EXHlB1T B
e
City of La Porte
Established 1892
March 16, 2001
Honorable Mayor Norman Malone and City Council
City of La Porte
Dear Mayor Malone:
The La Porte Planning and Zoning Commission, during a regular meeting on
March 15, 2001, held a public hearing to consider Special Conditional Use Permit
Request #SCU 01-002. The request, submitted by Ms. Deborah Johnson on
behalf of Pleasant Hill Baptist Church, seeks approval to build a church on lots 1
thru 13 of block 79, Town of La Porte, Harris County, Texas. The proposed
Church will be developed in a Low-Density Residential (R-1) Zone.
The Planning and Zoning Commission has, by unanimous vote, recommended
that City Council consider approval of Special Conditional Use Permit Request
#SCU 01-002.
c: Robert T. Herrera, City Manager
John Joerns, Assistant City Manager
John Armstrong, Assistant City Attorney
Planning and Zoning Commission
P.O. Box 1115' La P0l1e, Texas 77572-1115' (281) 471-5020
EXHIBIT C
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TIlE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LAPORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the
La Porte City Council will conduct a public hearing at 6:00 P.M. on the 9th day of April, 2001, in
the Council Chambers of the City Hall, 604 West Fainnont Parkway, La Porte, Texas. The purpose
of this hearing is to consider Special Conditional Use Pennit Request #SCU 01-002, which has been
requested for a 0.93 acre (40,625 sq. ft.) tract ofland described as lots 1 thru 13 of Block 79, Town
of La Porte, Harris County, Texas. The property is located in the 300 Block of North 6 th Street.
Ms. Deborah Johnson do Pleasant Hill Baptist Church is seeking approval to build a Church.
Religious institutions within a Low-Density Residential (R-l) Zone are a Conditional Use, per
Section 106-331 of the Code of Ordinances.
A regular meeting of the City Council will follow the public hearing for the purpose of
acting upon the public hearing items and to conduct other matters pertaining to the Council.
Citizens wishing to address the Council pro or con during the Public Hearing will be
required to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett
City Secretary
EXHlBlT D
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
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NOTICE OF PUBLIC
HEARING
7Y. 146
150
~ 1414
'xas 77571
281-471-1234
Fax: 281-471-5763
E-mail: baysun@swbell.net
with the P:~Vi~i~~~0~1~~~~ he B ~e SUD
tion 106.171 of the Code .. I
of Ordinances of the City
of La Porte, and the nrnvi.
as lots 1 thru 13 of Block
79, Town of La Porte, Har.
ris County, Texas. The
property is located in the
300 Block of North 6th
Street. Ms. Deborah John-
son c/o Pleasant Hill Bap-
tist Church is seeking ap- .a Porte
proval to build a Church.
Religious institutions within of Harris
a Low- Density Residential
(R-l) Zone are a Condi- : Texas
lional Use, per Section
106.331 of the Code of Or-
dinances.
/1 'me, the undersigned authority, on this date
~ r ' ular meet-
ing of i Council will nd appeared Karolyn Kellogg, a duly authorized
folio the blic ~aring tntative of The Bayshore Sun, a semi-weekly
:or the se of cling
~~~~ and ~u~ t~~~ per published and generally distributed in the,
natter ;Ji~(ifo the .a Porte, Harris County, Texas and who after
~ouncil.
Citizens wishing Jly sworn, swears the attached notice was
o address the Council pro td in The Bayshore Sun dated 3/21 /01
Jr con during the Public
-iearing will be required to
,ign in before the meeting
s convened.
CITY OF LA PORTE
Martha Gillett
City Secretary
t/ II ii"/
'l/z~1 ~ ,~,CV:~tj/
Karolyn Kellogg
Authorized Representative
Sworn and subscribed before me this ,;?;2 AlA...
, 2001.
~~J.ly~?)~
dayof ':n1~
Sandra E. Bumgarner
Notary Public
Harris County, Texas
EXHiBIT
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City of La Porte
Special Conditional Use Permit # SCU 01-002
This permit is issued to:
Ms. Deborah Johnson
Owner or Agent
10118 Shell Rock Road, La Porte, TX 77571
Address
For Development of:
Pleasant Hill Baptist Church
Development Name
302 North 6th Street
Address
Legal Description:
Lots 1-13, Block 79, Town of La Porte
Use:
Low-Density Residential (R-1)
Church
Zoning:
Permit Conditions:
1. Development is subject to all ordinances & regulations ofthe City of La Porte and all other
applicable laws.
2. Screening and lor landscaping of parking lot shall be required.
3. Landscaping shall be properly maintained by the owner/developer.
4. The applicant will pay the public hearing costs of $155.72.
Failure to begin construction within one (1) year after issuance or as scheduled under the terms of a special
conditional use pennit shall void the pennit as approved, except upon an extension oftime granted after
application to the Planning and Zoning Commission.
If construction is tenninated after completion of any stage and there is ample evidence that further development
is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the
City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission ofthe
City of La Porte, and the previous zoning ofthe entire tract shall be in full effect on the portion which is
undeveloped.
Validation Date: ill q 10 I
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LJYt 4AJA& ~ lit/ gj
City Secretary
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A Meeting of the La Porte
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PLANNING
pl~nnin~ and Zoning Commission
(fype of Meeting)
Scheduled for
March 15, 2001
(Date of Meeting)
to Consider
Special Conditional Use Permit Request #SCU 01-002
(fype of Request)
I have received notice of the above referenced public hearing.
I am in FAVOR of granting this request for the following reasons:
I am OPPOSED to g:ranting this request for the following reasons:
WI/lie 'WA kEf'
Name (please print)
U)d~ tA)aj~
Signature
:1J?A/(,~
Address
:fa?~ ~ '7'7~?-1
City, State, Zip
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REQUEST FOR CITY COUNCIL AGENDA ITEM
ADDI'ODriation
Source of Funds: N/A
Department: Planniu2
Account Number: N/A
Report: _Resolution: _Ordinance: l
Amount Budgeted: N/A
Amount Requested:
Exhibits:
Budgeted Item: _YES ...x...NO
1. Oosing Ordinance with Exhibit "A"
2. Ordinance wI Exhibit "A" Authorizing
Execution of Special Warranty Deed
SUMMARY & UCOMMEND~TION
Mr. .Jade McCoy bas petitioned the City to vacate, abandon and close the alley in Block 1159, Town of La Porte. The
purpose of Mr. McCoy's request is to filcilitate future development of the block. In reviewing the closing request, the
Public Wades Department has determined that an abandoned 10" sanitary sewer line exists in the alley of the block.
This line was abandoned in conjunction with the East La Porte Relief Sanitary Sewer Project. 'Iberefore, S1aff bas
determined that the line should be abandoned in place. All ftancbised utility companies have received noUfication of
the closing applkation and have responded to the applicant's request Reliant Energy, Southwestern BeIl8Dcl Time
Warner Communications have ead1 provided letters of no objection to the closing.
Additionally, the City owns a 5' x 20' tract out of Lot 17 that bad previously served as a portion ofa lift station site at
the south end of the block and bas subsequently been abandoned. Section 62-35(a)(l) of the Code of Ordinances gives
Council the right to waive standard bid and publication requirements for the sale or disposal of narrow, small or
otherwise unusable strips of land such as this. As a result, Staff has requested the City attorney to prepare a special
warranty deed to this tract to be executed at the time of passage and approval of the closing ontinance.
In accordance with Ordinance No. 98-2225, Staff has 3I'I'aIJged for an independent appraisal to be conducted of the
alley in question. As a result, the fair market value of the property has been assessed at $1.00 per square foot. The City
will be compensated in the amount of $4,800 for the alley (75% of Fair Market Value as per the ontinance) and
$100.00 for the City's 100 sqD8Ie foot tIact out of Lot 17 for a total of $4,900.
Recuunendatkta:
Staffrecommends closing, vacating, and abandoning the alley in Block 1159, Town of La Porte and providing for the
abandonment of an existing 10" sanitary sewer within the alley. Staff additionally recommends approval of a Special
Warranty Deed granting a 100 square foot tract out olLot 17, Block 1159 to Jack: McCoy.
Action Reauired by Cou:ndI:
Consider approval of two ordinances: the first of which to close, vacate, and abandon the alley in Block 1159, Town of
La Porte. Said ontiDance to also provide for the abandonment of an existing 10" sanituy sewer line located within the
alley. Secondly, considerapproval ofan ordinance authorizing the City to execute a Special Warranty Deed granting a
100 square foot tract out of Lot 17, Block 1159 to Jack McCoy.
ADDroved for Cm Coadl A2eIIda
G~-r ~..eM.t~
Robert T. Herrera, City Manager
4-' - 0\
Date
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ORDINANCE NO. 2001- !L4 '7~
AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEY IN
BLOCK 1159, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of La Porte has been requested by the
record owner of all of the property abutting the hereinafter described alley in Block 1159,
Town of La Porte, Harris County, Texas; to vacate, abandon, and permanently close the
hereinafter described alley in Block 1159, Town of La Porte, Harris County, Texas; and
WHEREAS, the City Council of the City of La Porte has determined and does
hereby find, determine, and declare that the hereinafter described alley of Block 1159,
Town of La Porte, Harris County, Texas, is not suitable, needed, or beneficial to the
public as a public road, street, or alley, and the closing of hereinafter described alley of
Block 1159, Town of La Porte, Harris County, Texas, is for the protection of the public
and for the public interest and benefit, and that the hereinafter described alley of Block
1159, Town of La Porte, Harris County, Texas, should be vacated, abandoned, and
permanently closed.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
Under and by virtue of the power granted to the City of La Porte under its
home rule charter and Chapter 253, Section 253.001, Texas Local Government Code, the
hereinafter described alley of Block 1159, Town of La Porte, Harris County, Texas, is
hereby permanently vacated, abandoned, and closed by the City of La Porte, to wit:
Ordinance No. 2001-"11
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The entire alley of Block 1159, Town of La Porte, Harris County, Texas. Said aRey
being located within and situated between Lots 1 through 16 and Lots 17 through
32, Block 1159, Town of La Porte, Harris County, Texas, and containing six
thousand four hundred (6,400) square feet as shown on Exhibit "A" attached hereto
and made part of herein.
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 ofthe City
Council was posted at a place convenient to the public at the City Hall of the City for the
time required by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been open to the public
as required by law at all times during which this ordinance and the subject matter thereof
has been discussed, considered, and formally acted upon. The City Council further
ratifies, approves, and confirms such written notice and the contents and posting thereof
Section 3.
In conjunction with the vacation, abandonment and closing of said alley,
the City hereby abandons the existing 10" sanitary sewer line located within said alley.
This ordinance shall be effective from and after its passage and approval, and it is so
ordered.
Ordinance No. 2001~4'7g e
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PASSED AND APPROVED, THIS 9th DAY OF APRIL
ATTEST:
Martha Gillett, City Secretary
APPROf3;;! z/
Knox W. Askins, City Attorney
, 2001.
CITY OF LA PORTE
BY:~~~
onnan L. Malone, Mayor
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PROPOSED ALLEY CLOSING
6,400 SQ. FT.
ilL" STREET (SOUTH)
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EXHIBIT "A"
TO CLOSING ORDINANCE
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ORDINANCE NO. 2001- ,t4'l9
AN ORDINANCE APPROVING AND AUTHORIZING THE CITY OF LA PORTE TO
EXECUTE AND DELIVER A SPECIAL WARRANTY DEED TO JACK C. McCOY OF A
FIVE FOOT BY TWENTY FOOT (5' x 20') STRIP OUT OF LOT SEVENTEEN
(17), BLOCK ELEVEN HUNDRED FIFTY-NINE (1159), TOWN OF LA PORTE,
HARRIS COUNTY, TEXAS; 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 as Exhibit "A" and incorporated
herein by this reference. The City Manager is hereby authorized to
execute such document and all related documents on behalf of the
ci ty of La Porte.
The city Secretary is hereby authorized to
attest to all such signatures and to affix the seal of the City to
all such documents.
Section 2. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
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ORDINANCE NO. 2001- ).-"111
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PASSED AND APPROVED, this 9th day of April, 2001.
ATTEST:
Knox
City
CITY OF LA PORTE
~!t~~
Mayor
By:
PAGE 2
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EXHIBIT A
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SPECIAL WARRANTY DEED
Date:
April 9, 2001
Grantor:
CITY OF LA PORTE, a municipal corporation
Mailing Address:
P.O. Box 1115, La Porte, TX 77572
Grantee:
JACK C. McCOY
Mailing Address:
17 Lakewood Lane, Seabrook, TX 77586
Consideration: Ten and NO/100 Dollars ($10.00) cash and other good
and valuable considerations
Property (including any improvements):
One Hundred Square Feet out of Lot Seventeen (17), Block
Eleven Hundred Fifty-nine (1159), TOWN OF LA PORTE,
Harris County, Texas, according to the map or plat
thereof recorded in Vol. 60, Page 115, of the Deed
Records of Harris County, Texas, described more
particularly by metes and bounds as follows, to-wit:
BEGINNING at the Southwest corner of Lot 17, Block 1159;
THENCE, in an Easterly direction along the South line of
said Lot 17, a distance of 5' to a point for corner;
THENCE, in a Northerly direction along a line 5' East of,
and parallel to, the West property line of said Lot 17,
a distance of 20', to a point for corner;
THENCE, in a Westerly direction along a line 20' North
of, and parallel to, the South line of Lot 17, a distance
of 5' to a point for corner in the West property line of
said Lot 17;
THENCE, in a Southerly direction a distance of 20' along
the West line of said Lot 17, to the PLACE OF BEGINNING,
as shown on Plat attached hereto as Exhibit "A".
Reservations froJltnd Exception to conveyanCe~nd Warranty: Taxes
for the current year have been prorated and are assumed by Grantee.
This conveyance is made subject to all and singular the
restrictions, conditions, oil, gas, and other mineral reservations,
easements, and covenants, if any, applicable to and enforceable
against the above described property as reflected by the records of
the county clerk of the aforesaid county.
Grantor for the consideration and subject to the reservations from
and exceptions to conveyance and warranty, grants, sells, and
conveys to Grantee the property, together with all and singular the
rights and appurtenances thereto in any wise belonging, to have and
hold it to Grantee, Grantee's heirs, executors, administrators,
successors, or assigns forever. Grantor binds Grantor and
Grantor's heirs, executors, administrators, and successors to
warrant and forever defend all and singular the property to Grantee
and Grantee's heirs, executors, administrators, successors, and
assigns against every person whomsoever lawfully claiming or to
claim the same or any part thereof, except as to the reservations
from and exceptions to conveyance and warranty, by, through, or
under Grantor, but not otherwise.
When the context requires, singular nouns and pronouns include the
plural.
CITY OF LA PORTE
By: Q(JfA-k 'T ~'eA~
Rober T. Herrera, City Manager
ATTEST:
~J.IIP4I
1 Secretary
STATE OF TEXAS {
{
COUNTY OF HARRIS {
II this instrument was acknowledged before me on the /~~ay of
~riL ' 2001, by Robert T. Herrera, City Manager of the City
o La Porte, a municipal corporation. p
71, de
Nota y Public, State of Texas
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CRYSTAL N. SCOTT
MY COMMISSION EXPIRES
August 2, 2004
AFTER RECORDING RETURN TO:
PREPARED IN THE LAW OFFICE OF:
ASKINS & ARMSTRONG, P.C.
P.O. Box 1218
La Porte, TX 77572-1218
TRACT TO BE CONVEYED
TO JACK C. McCOY
BY SPECIAL WARRANTY DEED
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LOT 32
LOT 16
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EXHIBIT "A"
TO SPECIAL WARRANTY DEED
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 4/09/01
Annronriation
Requested By: : :'... ~
Department: Ci~' sel.1retal")"i;a V
Source of Funds: nla
Account Number: nla
Report:
Resolution:
Ordinance:
x
Amount Budgeted: n/a
Exhibits:
Ordinance
Amount Requested: g',a
Exhibits:
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
It is my recommendation that Sharon D. Harris be officially appointed Assistant City Secretary for the City of La
Porte. Sharon was promoted to this key position on February 12,2001 and has been serving in this role since that
time.
Ms. Harris brings with her a working wealth of diversified administrative experience within the private sector and
has been serving in the City Secretary's Office as Administrative Secretary for one year and four months. I believe
her well-rounded background will continue to be an asset to our organization. I have confidence in her abilities and
positive attitude.
Action Required bv Council: Staff recommends City Council appoint Ms. Harris as Assistant City
Secretary .
Approved for City Council Aeenda
Q(J~ T, ~
Robert T. Herrera, City Manager
Lf-~-ol
Date
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ORDINANCE NO. 2001-J./I-'10
AN ORDINANCE APPOINTING AN ASSISTANT CITY SECRETARY OF THE CITY OF
LA PORTE; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING
CLAUSE; 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 of the City of La Porte ratifies,
approves and confirms the appointment by the City Manager, of
Sharon Harris, as Assistant city Secretary of the City of La Porte.
Section 2. If any section, sentence, phrase, clause or any
part of any section, sentence, phrase, or clause, of this ordinance
shall, for any reasons, be held invalid, such invalidity shall not
affect the remaining portions of this ordinance, and it is hereby
declared to be the intention of this City Council to have passed
each section, sentence, phrase or clause, or part thereof,
irrespective of the fact that any other section, sentence, phrase
or clause, or part thereof, may be declared invalid.
Section 3. All ordinances or parts of ordinances in conflict
herewith are repealed to the extent of such conflict only.
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
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-ul4~
PAGE 2
Section s. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 9th day of April, 2001.
By:
ATTEST:
';;/]J~. .&uu
Mar ha A. G11lett
city Secretary
APPRO~: ~. J
D~~I
Knox W. Askins
City Attorney
RRQIJF.'FOR CITY COITNCn. AGRNllA I'{1t
Agenda Date Requested: April 9, 2001 J'1rlL\
Requested By: M. Gillett Department: Adminisf1':lt;on - ~t1 Secretary
_ Report _ Resolution X Ordinance
Exhibits: Ordinance 1000-1-1
SITMM A RY & RRCOMMRNllA TION
Ordinance 1000-1-1, if approved, would adopt an ordinance allowing the Fraternal Order of Eagles to renew an existing
permit. The City has processed the renewal permit of Fraternal Order of Eagles and has determined that it meets
qualifications as outlined in Ordinance 1000-1. The permit will be issued in the name of Fraternal Order of Eagles
Bayshore Aerie 2753, mc..
Ordinance 1000-1- will be amended by adding the following:
STREET ADDRESS OF THE PROPERTY: S03 S. Sth, Harris County, Texas 77571.
LEGAL DESCRIPTION OF THE PROPERTY: Lots 1 through 16 and 25 through 32, block 149, Town of La
Porte, Harris County, Tx.
PROPERTY OWNER: Fraternal Order of Eagles Aerie 2753
NAME OF APPLICANTS: Lloyd K. Ayers
ADDRESS OF APPLICANT: S03 S. Sth St. - Suite B, P.O. Box 772, La Porte, Harris County, Texas 77571
TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Fraternal Order of Eagles Bingo Hall and
Snack Bar
Action Required by Council:
Consider approval of Ordinance 1000-I-I.
Availability of Funds:
_ General Fun€L- WaterlWastewater
_ Capital Improvemen~ General Revenue Sharing
_ Other
Account Number:
Funds Available: YES NO
Approved for City Couneil Agenda
cx~~ \\~ It ~ I
Robert T. Herrera Date .., - ::> ~o \
City Manager
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ORDINANCE NO. 1000-1- .r
AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, AMENDING CHAPTER 6,
SECTION 6-78 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY
ADDING AN AREA AT A RESTAURANT WHERE WINE AND/OR BEER FOR
CONSUMPTION ON THE PREMISES MAY BE SOLD; FURTHER PROVIDING A
SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of La Porte has, in Chapter 6 of the Code of Ordinances of
the City of La Porte, regulated the location, closing hours, and sale of wine and/or beer
on premises in accord with provisions of Texas Codes Annotated, Alcoholic Beverage
Code, Chapter 105, Section 105.05 and Section 105.06; and in accord with the
provisions of Texas Codes Annotated, Alcoholic Beverage Code, Chapter 109,
Subchapter C, Section 109.31 et seq; and
WHEREAS, the Code of Ordinances of the City of La Porte expressly limits the
locations at which wine and/or beer may be sold in the City, and further expressly
identifies the names of establishments and permit holders authorized to sell wine and/or
beer under the terms of said Code; and
WHEREAS, an applicant with an existing license desires to sell wine and/or beer
at a location permitted in the Chapter 6 of the Code of Ordinances of the City of La
Porte; and
WHEREAS, the City has, pursuant to the terms of said Code, made its
investigation to ascertain whether said applicant has qualified and continues to qualify
for a beer and/or wine permit from the City; and
WHEREAS, the City has determined that the applicant qualifies for a beer and/or
wine permit from the City;
Ordinance No. 1000-1-
Page 2
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF LA PORTE:
Section 1, Chapter 6, Section 6-78 of the Code of Ordinances of the City of La Porte is
hereby amended by granting a permit for the operation of a restaurant, as defined in
said Code, at the following location, which permit shall be personal to the applicant, and
non-transferable, and shall be further conditioned that the permittee shall comply with
the provisions of the Texas Alcoholic Beverage Code, and all other applicable federal,
state, and local laws and ordinances, including other provisions of this ordinance and
the Code of Ordinances of the City of La Porte;
STREET ADDRESS OF PROPERTY: 803 S, 8th St., La Porte, Harris County,
Texas 77571
LEGAL DESCRIPTION OF PROPERTY: Lots 1 through 16 and 25 through 32,
Block 149, Town of La Porte, Harris County, TX
PROPERTY OWNER: Fraternal Order of Eagles Aerie 2753
NAME OF APPLICANT: Lloyd K, Avers
ADDRESS OF APPLICANT: 803 S. 8th St.-Suite B, P.. O. Box 772, La Porte, TX
77572
TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Fraternal Order of
Eagles Bingo Hall and Snack Bar
Section 2. It is the intent of the City Council of the City of La Porte that this
Ordinance merely permit the sale of wine and/or beer during the hours set by the
general laws of the State of Texas by retailers selling wine and/or beer for consumption
on premises at the locations established in Section 1 of this Ordinance. This Ordinance
is not an attempt to create zoning or other land use rights in property owners at said
location, such that the provisions of Chapter 106 of the Code of Ordinances of the City
of La Porte, the City of La Porte Zoning Ordinance, together with all amendments
thereto (as such provisions impose standards on premises or businesses within the City
Ordinance No, 1000-1-'
Page 3
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of La Porte, regardless of whether such business or premises are required to have a
license or permit under the Texas Alcoholic Beverage Code) govern and supersede the
provisions of this Ordinance, in the event of a conflict between this Ordinance and the
provisions of the Zoning Ordinance and amendments thereto. This application for wine
and/or beer for consumption on premises shall be subject to the provisions of:
a. The Texas Alcoholic Beverage Code;
b, Chapter 6 of the Code of Ordinances of the City of La Porte;
c. This Ordinance insofar as this Ordinance does not conflict with the provisions
of the Texas Alcoholic Beverage Code; and
d. The Zoning Ordinance of the City of La Porte, and all amendments thereto,
as such provision apply to all businesses within the City of La Porte,
regardless of whether or not such businesses are required to obtain a license
or permit under the provisions of the Texas Alcoholic Beverage Code.
Section 3, If any section, sentence, phrase, clause, or any part of any section,
sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid,
such invalidity shall not affect the remaining portions of this ordinance, and it is hereby
declared to be the intention of this City Council to have passed each section, sentence,
phrase or clause, or part thereof, irrespective of the fact that any other section,
sentence, phrase or clause, or part thereof, may be declared invalid.
Section 4, The City Council officially finds, determines, recites and declares
that a sufficient written notice of the date, hour, place and subject of this meeting of the
City Council is posted at a place convenient to the public at the City Hall of the City for
the time required by law preceding this meeting, as required by the Chapter 551, Tx.
Ordinance No. 1000-1~
Page 4
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Gov't Code; and that this meeting has been open to the public as required by law at all
times during which this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof,
Section 5. This Ordinance shall be effective from the date of its passage and
approval, and it is so ordered.
ifh ·
PASSED AND APPROVED this the q day of ~
,2001.
CITY OF LA PORTE
~~~
No an L. Malone, ayor
ATTEST:
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PUBLIC NOTICE
ORDINANCE 1000-1-1
.
AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, AMENDING CHAPTER 6, SECTION 6-78 OF THE
CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY ADDING AN AREA AT A RESTAURANT
WHERE WINE AND/OR BEER FOR CONSUMPTION ON THE PREMISES MAYBE SOLD; FURTHER
PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE
CITY OF LA PORTE
s/Nonnan L. Malone, Mayor
ATTEST:
sIMartha Gillett, City Secretary
APPROVED:
s/Knox W. Askins, City Attorney
PUBLIC NOTICE
ORDINANCE 1000-1-'
, \ ,
AN ORDIN,6;\tCE. OF THE
CITY OF .~' PORTE
TEXAS, ENDING
CHAPTER 6, SECTION 6.
78 OF THE CODE OF
ORDINANCES OF THE
CITY OF LA PORTE, BY
,ADDING AN AREA AT A
RESTAURANT ' . WHERE
I WINE, ANDI 'OR' BEER'
i FOACONsuMp;:npNftoN1
'THE!~Ii!~~"",-,~.:
...'.'....,1..I~Ii;_..".. r".to' ~i':
SOLD';'<~ FURTHER PRci~' ,
VIDING A. SAVING
CLAUSE; FINDING COM-
PLIANCE, WITH ,THE
OPEN, MEETINGS LAW'
PROYIDI~Gi\i SEVERA~
BILlTY'. CLAUSE; AND
PROVIDING FOR AN EF"
FECTIVE DATE. '
, piTY OF 'LA PORTE
, SlNorman L. Malone
'. Ma~r,
r
ATTEST:
s/Martha Gil/ett
City Secretary
APPROVED:
sf Knox W. AskIns
City Attorney
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RE UEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: April 9, 2001
~~
Stephen L. Barr
Parks 8c Recreatw
Appropriation
Requested By:
Source of Funds: Fund 015
Department:
Account Number: 01s..9892-812
Re rt:
I i n'
Ordina c' X
Amount Budgeted:
$50,000
Exhibits:
Ordinance No. 2001-
Amount Requested:
$45,000
Exhibits:
Ae:reement
Budgeted Item: YES X
NO
Exhibits:
SUMMARY & RECOMMENDATION
Funds are available in the amount of $50,000, for development of a Parks System Master Plan
for the City of La Porte. The Plan, when finished, will provide a guide for future park facilities
for the next fifteen to twenty years. A committee of staff members have reviewed the
qualifications of Halff Associates, and reviewed other park master plan projects completed by
the firm for other Texas cities. This consulting/engineering firm appears to possess sufficient
knowledge and expertise to develop a Park System Master Plan for the City of La Porte,
Halff Associates is a Texas-based firm that was founded in 1950, Halff Associates have
completed park master plans for many communities, including the cites of Cedar Hill, McAlle~
Belto~ and Harlingen. They are currently working on Parks Master Plans for the City of Bryan
as well as a master plan update for the City of Missouri City.
Attached is an Agreement for Professional Services. The fee basis is time and materials not to
exceed $45,000 for the project, This fee is in-line with fees for other projects of this scope, The
project is expected to be completed within 180 days after execution, including staff review time.
The firm plans to consult with staff, Counci~ special interest groups such as the La Porte youth
sporting associations, as well as the public, to gather input for the Plan.
Upon completion the Parks System Master Plan will be submitted to City Council for approval.
The Texas Parks and Wildlife Department requires a Council approved Park Master Plan as a
part of its eligibility criteria for receipt of grants, The completed plan can be used to apply for
park grants from the Texas Parks and Wildlife Department, the federal Urban Parks and
Recreation Recovery Program, and other sources of funding for future park development for the
City of La Porte.
Action Required bv Council:
Consider approval of an ordinance authorizing the City Manager to execute an Agreement for
Professional Services with Halff Associates, Inc. for development of a Parks System Master
Plan, and authorizing $45,000 to fund said Agreement,
If /'/0/
Date { I
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ORDINANCE RO. 2001- 2...4f I
AN ORDINANC& APPROVING AND AUTHORIZING AN AGRBEMBNT
BBTWBEN THE CITY 01' LA PORTE AIm HALFI' ASSOCIATltS, INC.
TO PROVIDE PROI'B8SIONAL SERVICES FOR THB DEVELOPMBIn'
01' A PARKS MASTBR PLAN FOR THE CITY OF LA PORTE;
APPROPRIATING FUNDS NOT TO EXCEBD $45,000.00 TO FUND
SAID AGRBBIIBNT; MAKING VARIOUS I'INDIKGS A1Q) PROVISIONS
RBLATING TO THE SUBJBCT; FINDING COIIPLIAlfCB WITH THB
OPBN IIEETINGS LAW; AND PROVIDIKG AN EFFECTIVE DATB
HERItOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE:
Section 1, The City Council hereby approves and authorizes the
contract, agreement, or other undertaking described in the title of this
ordinance, in substantially the form as shown in the document which is
attached hereto and incorporated herein by this reference. The City
Manager is hereby authorized to execute such document and all related
documents on behalf of the City of La Porte. The City Secretary is hereby
authorized to attest to all such signatures and to afflX the seal of the City
to all such documents. The City Council appropriates the sum not to
exceed $45,000.00 for professional services for the development of a
Parks Master Plan for the City of La Porte, from 2000 Capital
Improvement Fund 015 to fund said Agreement.
Section 2. The City Council officially fmds, determines, recites,
and declares that a sufficient written notice of the date, hour, place and
subject of this meeting of the City Council was posted at a place
convenient to the public at the City Hall of the City for the time required
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ORDINANCE NO. 2OO1-.i.4-3 I
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 pu bUc as required by law at all times during which this
ordinance and the subject matter thereof has been discussed, considered
and formally acted upon. TIle 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 9th day of April, 2001.
CITY OF LA PORTE
By:~
Mayor
ATTEST:
..
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Contract Documents
. for the
Preparation
ofa
Parks Master Plan
for the
City of La Porte, Texas
March 14, 2001
111111
111111
111111
Halff Associates Inc.
3701 Kirby Drive, Suite 1290
Houston, Texas 77098
(713) 523-7161
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HaIff Associates
ENGINEERS . ARCHITECTS . SCIENTISTS
PLANNERS . SURVEYORS
Halff Associates, Inc.
Agreement for Services
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t. SCOPE
Halff Associates, Inc. (hereinafter "Engineer") agrees to
perform the services described in the attached scope of
services labeled "Attachment A", and further entitled
Preoaration of a Parks Master Plan for the City of La
Porte, which incorporates these terms and conditions.
Unless modified in writing by the parties hereto, the
duties of Halff shall not be construed to exceed those
services specifically set forth in Attachment A.
"Attachment A", and these General Terms and
Conditions, when executed by The City of La Porte
(hereinafter .Client"), shall constitute a binding
Agreement on both parties.
II. COMPENSATION
Client agrees to pay monthly invoices or their
undisputed portions within 30 days of receipt. Payment
later than 30 days shall include Interest at 1-1/2 percent
per month or lesser maximum enforceable interest rate,
from the date the Client received the invoice until the
date Engineer receives payment. Such interest is due
and payable when the overdue payment is made.
Time-related charges will be billed as specified in the
proposal under Attachment B, "Basis of
Compensation". Direct expenses will be billed at 1.1
times the actual cost. Subcontracted services will be
billed at actual cost plus a service charge of 0%.
III. RESPONSIBILITY
Engineer is employed to render a professional service
only, and any payments made by Client are
compensation solely for such services rendered and
recommendations. made in carrying out the work.
Engineer shall follow the standard practices of the
engineering and architectural profession to make
findings, provide opinions, make factual presentations,
and provide professional advice and recommendations.
In performing professional services, Engineer shall act
as agent of Client. Engineer's review or supervision of
work prepared or performed by other individuals or
firms employed by Client shall not relieve those
individuals or firms of complete responsibility for the
adequacy of their work.
It is understood that any resident engineering or
inspection provided by Engineer is for the purpose of
determining compliance with the technical provisions of
the project specifications and does not constitute any
form of guarantee or insurance with respect to the
performance of a contractor. Engineer does not
assume responsibility for methods or appliances used
by a contractor, or for compliance by contractors with
laws and regulations.
IV. SCOPE OF CLIENT SERVICES
Client agrees to provide relevant information as
required by the Engineer to perform the scope of
services, and to provide those services described in the
attached Letter Proposal's Scope of Work.
V. INDEMNIFICATION
Engineer agrees to indemnify and hold Client harmless
from damages, claims, demands, suits, causes of
action, judgments, costs and expenses including
reasonable attorney's fees and expenses reSUlting
from:
i. Damage to property of any person, form, corporation
or governmental agency, including property of Client,
and/or
ii. Death of or injury to any person or persons,
including employees of Client,
Arising out of, and to the extent caused directly by, a
negligent act or omission or willful misconduct of
Engineer, its agents, servants, employees, and
subcontractors of any tier, their agents, servants and
employees.
In the event that Client is found to be concurrently
negligent, Engineer shall not indemnify for the
proportionate negligence of Client, but shall indemnify
for the portion of negligence solely attributable to
Engineer, its agents, servants, employees, and
subcontractors of any tier, their agents, servants and
employees.
Neither party shall be liable to the other for incidental or
consequential damages, whether or not the possibility
of such damages has been disclosed or could have
been reasonably foreseen.
The parties shall indemnify one another against
damages of third parties recoverable from the
indemnitee to the extent caused by the comparative
negligence of the indemnitor, up to an aggregate
amount for the project of $1,000,000. Such
negligence shall be measured by standards in
effect at the time services are rendered, not by later
standards. Client may not assert any claim against
Engineer after the shorter of (1) 3 years from
substantial completion of services giving rise to
the claim, or (2) the statute of limitation provided by
law.
Agreement for Services - Preparation of a Parks Master Plan for the City of LA PORTE
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ENGINEERS . ARCHITECTS . SCIENTISTS
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Halff Associates, Inc.
Agreement for Services (continued)
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Client acknowledges Engineer. may perform work at
facilities that may contain hazardous materials or
conditions, and that Engineer had no prior role in the
generation, treatment, storage, or disposition of such
materials. In consideration of the associated risks that
may give rise to claims by third parties or employees of
Client, Client agrees to indemnify, defend, and hold
Engineer harmless (including attorneys' fees) from any
and all losses, damages, claims, or actions brought by
any third party or employee of Client against Engineer
or Engineer's employees, agents, officers or directors,
in any way arising out of the presence of hazardous
materials at the facilities, except for claims shown by
final judgment to arise out of the sole negligence of
Engineer.
VI. INSURANCE
Engineer shall maintain during the life of the
Agreement the following minimum insurance:
1. Commercial general liability insurance, including
personal injury liability, blanket contractual liability, and
broad form property damage liability. The limit shall be
not less than $2,000,000.
2. Automobile bodily injury and property damage
liability insurance with a limit of not less than
$2,000,000.
3. Statutory workers' compensation and employers'
liability insurance as required by state law.
4. Professional liability insurance.
VII. SUBCONTRACTS
Engineer shall be entitled, to the extent determined
appropriate by Engineer, to subcontract any portion of
the work to be performed under this project.
Vtll. ASSIGNMENT
This Agreement is binding on the heirs, successors,
and assigns of the parties hereto. The Agreement is
not to be assigned by either Client or Engineer without
the prior written consent of the other.
IX. INTEGRATION
These terms and conditions and Attachment A - Scope
of Work to which they are attached represent the entire
understanding of Client and Engineer as to those
matters contained herein. No prior oral or written
understanding shall be of any force or effect with
respect to those matters covered herein. The
Agreement may not be modified or altered except in
writing signed by both parties.
X. JURISDICTION AND VENUE
This Agreement shall be administered and interpreted
under the laws of the State in which the Engineer's
office performing the majority of the work for this
project is located. Jurisdiction of litigation arising from
the Agreement shall be in that State. If any part of the
Agreement is found to be in conflict with applicable
laws, such part shall be inoperative, null and void
insofar as it is in conflict with said laws, but the
remainder of the Agreement shall be in full force and
effect. Venue will be in the State District Court in
Harris County-Texas.
XI. SUSPENSION OF WORK
Client may suspend, in writing, all or a portion of the
work under the Agreement in the event unforeseen
circumstances beyond the control of the Client make
normal progress in the performance of the work
impossible. Engineer may request that the work be
suspended by notifying Client, in writing, of
circumstances that are interfering with normal progress
of the work. Engineer may suspend work on the project
in the event Client does not pay invoices when due.
The time for completion of the work shall be extended
by the number of days the work is suspended. In the
event that the period of suspension exceeds 90 days,
the terms of the Agreement are subject to renegotiation
and both parties are granted the option to terminate
work on the suspended portion of the project, in
accordance with Article XII.
XII. TERMINATION OF WORK
Client or Engineer may terminate all or a portion of the
work covered by the Agreement for its convenience.
Either party may terminate work in the event the other
party fails to perform in accordance with the provisions
of the Agreement by giving 7 days prior written notice
from the party initiating termination to the other. Notice
of termination shall be by certified mail with receipt
returned to the sender.
Xlii. ALTERNATIVE DISPUTE RESOLUTION
It is agreed by both parties that Arbitration, in any form,
will not be allowed. Any claim(s), dispute(s) or other
matter(s) in question between the parties to this
Agreement arising out of or relating to this Agreement,
or . the breach thereof, which are not disposed by
mutual agreement of the parties, shall be submitted, if
agreed in writing by both parties, to mediation as
outlined below prior to submission of the matters in
question to appropriate courts of law.
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 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 (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
General Terms and Conditions - Preparation of a Parks Master Plan for the City of LA PORTE
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3/14/01
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HaIff Associates
ENGINEERS' ARCHITECTS' SCIENTISTS
PLANNERS' SURVEYORS
Halff Associates, Inc.
Agreement for Services (continued)
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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 Center for Public Resources Model
Procedure for Mediation of Business Disputes or
pursue amicable terminatlon. If the matter has not
been resolved pursuant to the aforesaid mediation
procedure within sixty 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 parties shall pursue amicable
termination.
APPROVED:
Engineer/Pie
Signature: /-
_iLl. CJ
Date:
APPROVED:
Client: CITY OF LA PORTE
Slgnature~ "\\ \~'.('..1y..iL'4~
Typed or Printed Name:-.f.o~+T I-f.errero
Ci~Mllj<<
4.9.01
Title:
Date:
Knox W. Askins,
City Attorney
j:\ 100800\ 11 08\scope\gencon
General Terms and Conditions - Preparation of a Parks Master Plan for the City of LA PORTE
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ENGINEERS . ARCHITECTS . SCIENTISTS
PLANNERS' SURVEYORS
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ATTACHMENT 'A'
SCOPE OF WORK FOR THE
PREPARATION OF A
PARKS MASTER PLAN AND RECOVERY ACTION PLAN
FOR THE
CITY OF LA PORTE, TEXAS
A. "Introduction
The scope of work shown in this work plan is based on the description of desired
services contained in the City of La Porte's request for proposals, as well as our
understanding of the City's park planning needs.
A.1 Planning area to be covered
The scope of work covers all portions of La Porte currently within the current city limits,
as well as areas contained within the extra-territorial jurisdiction (ET J) of the city of La
Porte (if any).
A.2, Summary of the scope of work
The scope of work consists of two general work tasks, with several individual tasks
under each:
La Porte Parks Master Plan/Recovery Action Plan
Halff Associates Inc. March 14, 2001
Attachment 'A' - Scope of Work
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B. Scope of Work
PHASE I-INVENTORY REVIEW / PUBLIC INPUT / NEEDS ANAL YSIS
The following elements will be used in developing an assessment of the needs of the
park and recreation system.
1.1 PROJECT INITIATION MEETING
HALFF ASSOC. staff will arrange a meeting in La Porte with appropriate city
staff. This meeting will accomplish several pre-planning objectives:
. Orientation, The City of La Porte and the primary team leaders of Halff
Associates will become familiar with the project team structure and
organization and arrive at a complete understanding of the roles and
responsibilities of all project participants.
. Schedule. The project schedule will be refined and mutually agreed
upon.
. Information exchange. At this meeting we will discuss all
documentation needs of Halff Associates. This will give the City an
opportunity to provide information or to provide Halff Associates
guidance in the securing of information not readily available at the time
of the meeting.
. Identify planning sectors - the city will be divided into planning sectors
based on available demographic information and previous citywide
planning efforts.
Product - initial meeting with City of La Porte staff
Items Provided by City of La Porte- recommend staff to attend, attend
meeting, and provide data as required t~ begin planning process,
1.2 PREPARATION OF BASE MAPPING
Two levels will be illustrated, to ensure that the plan is comprehensive, yet
sufficiently detailed to serve as a future guide. The base mapping will be
prepared in a digital form (through incorporation and enhancement of existing
City of La Porte digital base mapping files).
. Regional level, including all areas in the City, as well as adjacent cities.
. City-wide level, including sectors established by the Comprehensive Plan
as provided by the City of La Porte in digital format.
La Porte Parks Master Plan/Recovery Action Plan
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Attachment 'A' - Scope of Work
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ENGINEERS · ARCHITECTS . SCIENTISTS
PLANNERS' SURVEYORS
Product - base drawings for regional level, citywide area
Items Provided by City of La Porte - Digital copies (if available), of most
recent City mapping, including regional level maps, citywide maps illustrating
existing zoning, and sector maps illustrating existing and proposed land use,
1,3 REVIEW OF INVENTORY OF EXISTING PARKS AND RECREATION
FACILITIES
We will review the existing inventory information previously prepared by the City
of La Porte staff, and provide comment as to areas where additional information
may be required. We will visit each existing park and recreation facility to
familiarize ourselves with the layout and general condition of each park.
Illustrate the general geographic location of all facilities in La Porte. Incorporate
base inventory information previously compiled by Parks and Recreation
Department. Facilities to be shown include:
. Existing parks,
. Private or quasi-private recreation facilities,
. School facilities and
. City owned properties, including undeveloped properties
Review of Existing Parks System
. Incorporate current inventory information and analysis by City of La Porte
staff.
. Assessment of the condition of e~isting facilities, and number and type of
each type of facility (per on-site review of each existing park);
Product - Map illustrating geographic location of each park facility in the city,
Written inventory of facilities in each park, incorporating information previously
compiled by City staff, and written assessment of each park, Document
regional recreation facilities in text and map.
Provided by City of La Porte - Provide copy of site plans for each existing park
in the city (as available). Provide general data for each existing park, including
address, size, current classification, and general inventory of existing facilities in
each existing park. Provide summary of known information on regional park
facilities and other major area recreational attractions, including location, size,
types of facilities, and annual attendance.
La Porte Parks Master Plan/Recovery Action Plan
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Attachment 'A' - Scope of Work
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ENGINEERS . ARCHITECTS . SCIENTISTS
PLANNERS . SURVEYORS
1.4 DEMOGRAPHIC ANALYSIS AND REGIONAL CHARACTERISTICS
From population data provided by the City of La Porte, and based on the recent
Comprehensive Plan and Year 2000 Census data; map demographic data
required for the park planning process that includes:
. Current population, past city-wide growth patterns;
. Future growth forecasts by sector;
. Typical population profile, based on sex, age, ethnicity, income and
education, (based on Year 2000 Census data if available);
. Key population needs based on demographics; and
. Regional economic characteristics from most recently available
information provided by the City of La Porte.
Illustrate population by planning sector.
Product - Illustration of population by major sector; existing population in table
format and in plan format; population characteristics from most recently
available information; future population projections,
Items provided by City of La Porte - Provide population information in digital
form, including existing population by sector, population projections by sector,
demographic characteristics, and year 2000 Census data in digital form.
1.5 COLLECT DATA ON LEAGUES, ASSOCIATIONS, AND CITY-RUN
PROGRAMS
. Number of teams, and number and type of facility used by each team;
. Types of programs offered by City, and number of attendees at each;
. Conduct interviews with key City staff and community leaders, volunteer
groups, league and association leaders.
Product - Written summary of interviews with key leagues and associations,
summary of programs.
Items Provided by Leagues (through City of La Porte staff)- league program
data, including number of teams, numbers of participants, breakdown by age
and sex (where applicable), city program participation records for past five
years, other non-city program data (Le. Boy's Club, YMCA's, etc.), and other
participant data as available.
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ENGINEERS · ARCHITECTS . SCIENTISTS
PLANNERS. SURVEYORS
1.6 INTERVIEW KEY ENTITIES THAT MAY INFLUENCE PLAN
. Interview school system athletic program director(s) to determine what
school district's future plans are and their impact on La Porte's park
system.
. Interview key community representatives who are familiar with the history
of La Porte, and assemble a concise history of the city and key places
within the city.
. A total of 10 interviews are included in this task. These may include:
. Mayor
. All or selected Council members
. La Porte School Superintendent/Athletic Director
. Key community leaders or recreation providers as recommended
by City Staff
Product - Summary of key interviews.
!tems Provided by City of La Porte- Recommendations for persons to be
interviewedt set up meetings where necessary; attend meetings as desired or
appropriate.
1.7 REVIEW PREVIOUS STUDIES THAT MAY IMPACT PARKS PLAN
IRECOVERY ACTION PLAN
Review other past or ongoing efforts that may influence the city's Recovery
Action Plan/Parks Master Plan. This will include:
· Previous park master plans;
. The 2000 City Comprehensive Plan;
· Current city zoning and land use plan;
. The thoroughfare plan and
· Other specific studies.
Product - review of past studies and reports
Items Provided by City of La Porte- provide copies of all relevant reports and
documents.
La Porte Parks Master Plan/Recovery Action Plan
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Attachment 'A' - Scope of Work
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ENGINEERS · ARCHITECTS . SCIENTISTS
PLANNERS . SURVEYORS
1.8 UPDATE GOALS AND OBJECTIVES
By updating previous list, develop a preliminary list of goals and objectives for
the Parks system, to serve as a framework for modification by staff and the
citizens of La Porte, Review with City Staff and modify as appropriate per
comments received.
Product - Preliminary written list of park system goals and objectives.
Items provided by City of La Porte- previous goals and objectives. Review
and comment on revised version of goals and objectives.
1.9 DEVELOP STANDARDS FOR CITY PARK AND OPEN SPACE SYSTEM
Review and update previously adopted standards used by the City of La Porte.
· Compare park spatial standards with those found in similar cities:
. Use NRPA standards or similar area standards.
. Prepare illustrations of the desired features of typical park types,
including neighborhood, community, linear and special purpose parks.
· Prepare comparison of recommended spatial facilities to actual number
of facilities, and develop table that illustrates deficiencies in each
category.
Product - draft park facility standards for La Porte in table and written format.
Items Provided by City of La Porte - Previous park facility standards; copies of
recent and relevant area or regional park master plans, review and comment on
proposed Park Standards.
1.10 CITIZEN INPUT
Use two methods of obtaining citizen and board input:
a) Telephone survey
b) Two Preliminary Citywide public hearings on a sector basis to ensure
adequate citizen participation initial session with elected officials, park
staff in attendance.
Input will focus on park system goals, as well as well citizen facility preferences
and desires for additional park facilities or programs.
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a) Telephone survey
· Prepare questionnaire for telephone survey (5-8 minute survey). Review
with City staff via telephone conference and modify as appropriate,
Obtain City approval of survey prior to administering the survey.
· Obtain appropriate random list of addresses or phone numbers for
telephone survey. Lists will be distributed by three sectors throughout
the City.
· Analyze responses and prepare summary of key responses in report
format for the City.
b) Preliminary City wide sector public workshop
· Identify location for workshop in conjunction with City Staff.
· Prepare flyer-advertising workshop. (Actual advertisement via radio,
local newspaper, local Cable Access TV, and posted flyers will be the
responsibility of the City of La Porte).
· Invite planning and zoning and City Council members to workshop
(invitations by City of La Porte staff).
· Prepare exhibits and presentation for workshop.
· .conduct workshop, usually lasting. from 6:00 PM to 8:30 PM. Be
available for informal inspection of drawings at beg'innings of workshop.
(City of La Porte staff to record meeting in written format).
· Prepare written summary of key items discussed during workshop.
Products - public input process, telephone survey, one initial public workshops.
Items Provided by City of La Porte- establish location and time for meetings;
issue invitations to focus group sessions; provide extensive advertising and
public awareness for city-wide public hearing. Prepare official recording of
public hearing using City of La Porte equipment. Assist in the development of
telephone questionnaires.
1.11 PREPARE SUMMARY OF NEEDS ASSESSMENT
Prepare written summary of needs assessment, to include areas of significant
deficiencies, both in terms of land area, as well as specific types of facilities.
Compare recommended standards to actual conditions to determine
deficiencies. Summarize in chart as well as written format.
Prepare maps/illustrations as appropriate that demonstrate key needs.
An analysis of the existing Parks and Recreation system will be conducted; this
analysis will be comprehensive in nature, reviewing all aspects of the parks
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system and programs, and will have three major components, which will be
synthesized to create a collective needs assessment.
· Needs based on recommended Recreation Standards
· Needs based on Citizen Input
· Needs based on Review of Existing System
Products - written summary of park system needs, in text, table and plan
format. Map illustrating key needs by sector,
Items Provided by City of La Porte- - review needs assessment and comment
as appropriate.
PHASE II RECOVERY ACTION PLAN/PARKS AND
RECREATION MASTER PLAN
2.1 ANALYSIS OF AREAS FOR POTENTIAL PARKS
Evaluate city-owned sites for new parks, as well as sites located in the
undeveloped portions of La Porte to determine their suitability as future parks.
Develop criteria for new park development. The criteria may include:
· suitability for use as a park or open space;
· suitability for facilities which are most critically needed;
· potential for linkage with other parks.
· natural vegetation and ease of development; and
· potential acquisition and development cost.
Identify general areas with high value as potential future park or natural areas.
· Rank all sites or stretches of drainage ways for level of suitability.
Product - criteria for new candidate park and open space sites
Items Provided by City of La Porte- Review and comment; provide list of sites
previously considered as potential park sites.
2.2 PREPARE TRAIUGREENWAYS CONCEPT PLAN
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An updated conceptual trail plan will be a key component of the master plan. A
recommended scope is included below.
· Project initiation meeting and information gathering
. Review current plans and ordinances related to trail development, as well
as plans by other area cities
· Provide input to telephone survey as relates to trails
· Inventory and prepare map mark-ups and descriptions of existing trails,
funded trails, and trail corridor opportunities with emphasis on access
from residential neighborhoods to parks and schools
. On-site feasibility analysis
· Develop criteria and rank alternative trail corridors
· Review cost estimates
· Prepare map mark ups of prioritized trail corridors
· Prepare concept plan mark-ups for key linkage areas
· Prepare trail/greenways Report preparation - including general trail
design guidelines, potential funding sources, and general trail
maintenance guidelines
Product - prepare trail plan for La Porte, in written and illustrative format.
Items Provided by City of La Porte- Provide current trail planning, list of
potential trails under consideration.
2.3. INCORPORATE CONCEPT PLANS FOR KEY AREAS
Prepare concept plans in sketch form for new parks or major recommended
improvements, up to a total of eight existing or new areas.
Concepts will use available photography or topography as scale bases, and will
be suitable for presentation to the public and for inclusion in the master plan.
Prepare eight concept plans for areas recommended by design team and Staff.
Product - Provide concept plans for eight key areas in freehand sketch form.
Items Provided by City of La Porte- Provide previous concept plans in paper
or digital format. Approve general areas for concept plans preparation.
2.4 PREPARATION OF A RECOVERY ACTION PLAN/PARKS AND
RECREATION MASTER PLAN
La Porte Parks Master Plan/Recovery Action Plan
Halff Associates Inc. March 14, 2001
Attachment 'A' - Scope of Work
Page 9
tit
HaIff Associates
e
ENGINEERS. ARCHITECTS' SCIENTISTS
PLANNERS. SURVEYORS
A Parks Master Plan illustrating the components that are recommended will be
prepared. This plan will consider six key elements:
· Short range improvements to meet immediate needs.
· Long range improvements to meet population growth and to enhance
the parks system.
· Opportunities for acquisition of key open space areas, as they
become available.
· Trail recommendations per the Trails Master Plan
· Prioritization of improvements, to fund most critical projects first, with
less critical components being incorporated as funding allows.
· Program modifications and improvements to address key recreation
programming needs.
Rank all recommended improvements based on the criteria approved by the
City of La Porte.
Prepare a plan illustrating all recommended improvements. These will be
presented in three major categories:
· program improvements and additions;
· existing park rehabilitation needs;
· future land acquisition needs; and
· new facility development.
Using prioritization criteria, rank all recommended improvements
Product - ranking of top recommended improvements.
Items Provided by City of la Porte- Review and comment as appropriate.
2.5 IMPLEMENTATION PLAN (EXPENDITURE ANALYSIS)
This task will consist of three key steps:
· Recommended improvement schedule,
· Required funding level estimates, and
· Funding source recommendations
Prepare a development schedule for the plan components recommended in
Tasks B, C and D.
· Develop a year-by-year funding level analysis to implement the Master Plan.
(Expenditure Plan)
La Porte Parks Master Plan/Recovery Action Plan
Ham Associates Inc. March 14, 2001
Attachment 'A' - Scope of Work
Page 10
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HaIff Associates
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ENGINEERS . ARCHITECTS · SCIENTISTS
PLANNERS. SURVEYORS
. Use a 5-year short-range time frame, and a 1 O-year long-range time frame.
Prepare cost figures for individual facility items, such as ball fields, picnic
facilities, and trail types, based on recent bids or cost estimates.
Review past sources of park development funding, and recommended potential
funding sources for the facilities proposed in the Plan. These may include:
. Grants and Community development funds.
. Sales Taxes.
· Exploring joint development ventures with the school district or with
private developers,
. I mpact fees or mandatory dedication of specific areas.
. Other sources as appropriate
Prepare a written summary documenting other recommended modifications to
the system in the areas of:
. Operational and maintenance, and
. Facility planning and development
Product - implementation plan in written format
Items Provided by City of La Porte- Provide current and past citywide and
park department budgets (for past three years). Provide records of past grants
and other non-city funding sources. Provide copy of Park Dedication
Ordinance. Review Implementation plan and comment.
2.6 FINAL PUBLIC HEARING, REPORT PREPARATION AND APPROVAL
Conduct a Final City wide sector public, workshop
. Identify location for workshop in conjunction with City Staff.
. Prepare flyer-advertising workshop. (Actual advertisement via radio,
local newspaper, local Cable Access TV, and posted flyers will be the
responsibility of the City of La Porte).
· Invite planning and zoning and City Council members to workshop
(invitations by City of La Porte staff).
· Prepare exhibits and presentation for workshop.
· Conduct workshop, usually lasting from 6:00 PM to 8:30 PM. Be
available for informal inspection of drawings at beginnings of workshop.
(City of La Porte staff to record meeting in written format).
· Prepare written summary of key items discussed during workshop.
La Porte Parks Master Plan/Recovery Action Plan
Halff Associates Inc. March 14, 2001
Attachment 'A' - Scope of Work
Page 11
e
il HaIff Associates
ENGINEERS . ARCHITECTS . SCIENTISTS
PLANNERS . SURVEYORS
e
The information compiled in each of the tasks above will be combined into a
high quality printed report, suitable for review and approval by the City Staff, City
Commission and citizens of La Porte,
Prepare a final draft report, incorporating final citizen comments
. Preparation of Report and Submittal of Draft to Parks and Recreation
Department for Review.
. Briefing presentation and final citywide public hearing to the City Council
. Revisions based on comments received, and preparation of a camera-
ready original.
. Approval of the master plan by the City Council.
Products - Final public workshop, Report (10 draft copies), staff review,
presentation to City Council.
Items Provided by City of La Porte- Review of draft report.
2.7 REPORT PRINTING
We will oversee the production of a high quality digital original of the report for
use in printing by the City of La Porte.
Product - Camera-ready original of the report.
Items Provided by City of La Porte- final printing of the report - 20 final copies
to be delivered to City of La Porte, along with digital copy of report on CD-Rom.
End of Attachment 'A'
La Porte Parks Master Plan/Recovery Action Plan
Halff Associates Inc. March 14, 2001
Attachment 'A' - Scope of Work
Page 12
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HaIff Associates
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ENGINEERS . ARCHITECTS . SCIENTISTS
PLANNERS' SURVEYORS
ATTACHMENT '8'
BASIS OF COMPENSATION
FOR THE
PREPARATION OF A PARKS MASTER PLAN/RECOVERY ACTION PLAN
FOR THE CITY OF LA PORTE, TEXAS
Basic design and professional planning services as described in Exhibit 'A' will be
provided on an hourly basis, with a maximum authorized fee of $45,000. The overall fee
total shown will not be exceeded without prior written authorization by the City of La
Porte. Fees will be billed on a monthly basis. The cost of items to be provided by the
City of La Porte will be the responsibility of the City of La Porte and is not included in the
lump sum amount.
Payment for services as described in Exhibit "A' will be computed on the basis of salary
cost times a multiplier of 2.3 to determine the payment due for services. Salary cost is
defined as the cost of salaries for time directly chargeable to the project, plus social
security contributions, unemployment excise and payroll taxes, employment
compensation insurance, retirement benefits, medical and insurance benefits, sick
leave, vacation, and holiday applicable thereto. The multiplier is a factor that
compensates Engineer/Planner for overhead and profit.
Payments shall also include Direct Non-Labor Expenses that, in general, include
expenses for supplies, transportation, equipment, travel, and communication,
subsistence and lodging away from home, and similar incidentals. The Direct Non-
Labor expenses shall be reimbursable at actual invoice cost plus 10%, except for living
and travel expenses when away from the home office on business connected with the
Project, which will be charged at actual cost. A budget of $2,500, in addition to the lump
sum fee shown above, is allocated for those items, and will not be exceeded without
authorization from the City of La Porte.
Services will be billed monthly, based on the percentage of work completed.
The services of major sub-consultants, who will be retained by the Consultant on a pay-
when-paid basis and whose services are approved in advance by the City, will be
charged at actual invoice cost times a multiplier of 1.00.
Sub-consultants to be used in the Park Planning effort include:
. Turco and Associates (Telephone Survey) $10,000
(the fee for telephone survey is included in the overall fee noted in paragraph 1)
End of Attachment 'B'
La Porte Parks Master Plan/Recovery Action Plan Attachment 'B' - Basis of Compensation
Halff Associates Inc, March 14,2001 Page 1
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iI HaIff Associates
ENGINEERS · ARCHITECTS . SCIENTISTS
PLANNERS' SURVEYORS
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ATTACHMENT 'c'
ESTIMATED TIME SCHEDULE
FOR THE
PREPARATION OF
A PARKS MASTER PLAN/RECOVERY ACTION PLAN
FOR THE CITY OF LA PORTE, TEXAS
The following is a projected schedule for completion of the Parks Master Plan for the
City of La Porte. This schedule is an estimate only, based on our understanding of
scope of work and the requirements of La Porte. Note that some tasks may be
performed concurrently, and that others may take longer than projected on this
schedule. However, the overall effort, barring unforeseen circumstances, is estimated
to be completed by November 30,2001.
Begin Project - April 1 , 2001 (Preliminary
date, sub'ect to Council A roval
PHASE I
One Week
Two Weeks
Two Weeks
Two Weeks
Two Weeks
Two Weeks
One Week
One Week
Two Weeks
One Week
Two Weeks
Six Weeks
One Week
Two Weeks
1.11 Pre are Needs Assessment
Estimated Phase I Timeframe
Two Weeks
Sixteen Weeks
La Porte Parks Master Plan/Recovery Action Plan Attachment 'e' -Estimated Schedule
Halff Associates Inc, March 14, 2001 Page 1
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HaIff Associates
ENGINEERS · ARCHITECTS . SCIENTISTS
PLANNERS' SURVEYORS
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PHASE II
2.1 Anal sis of Areas for Parks
2.2 Pre are Trail Conce t Plan
2.3 Pre are Park Conce t Ideas
2.4 Pre aration of Park Master Plan
2.5 1m lementation Plan
2.6 Re ort Pre aration/A roval
2.7 Final camera read ori inal
Estimated Phase II Timeframe
Overall Estimated Project Timeframe
Three Weeks
Four Weeks
Two Weeks
Three Weeks
Three Weeks
Two Weeks
Two Weeks
Sixteen Weeks
Completion by November
30, 2001
End of Attachment Ie'
La Porte Parks Master Plan/Recovery Action Plan Attachment 'e' -Estimated Schedule
Halff Associates Inc. March 14, 2001 Page 2
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Appropriation
Requested By:
Source of Funds: N/ A
Department: Publi~ Worlui
Account Number: N/A
Report:
Resolution:
Ordinance: XX
Amount Budgeted: N/A
Letter from City Attorney
Amount Requested: N/A
Exhibits:
Exhibits:
Ordinance No, 2001-2474-A
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
On March 19,2001, the City Council approved Ordinance No. 2001-2474 regulating the
discharge of industrial waste in the City's wastewater collection and treatment system. The City
Attorney has requested that the ordinance be amended, changing the court in which a petition for
injunction would be filed, from the City of La Porte Municipal Court to any court of competent
jurisdiction. This is the only change proposed.
Action Reauired bv Council: Approve Ordinance No. 2001-2474-A amending the original
ordinance to reflect changes in the court of injunctive relief.
Approved for City Council Ae:enda
CK~ L~
Robert T. Herrera, City Manager
4-3-0\
Date
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ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P.O. BOX 1218
LA PORTE. TEXAS 77572-1218
KNOX W. ASKINS
JOHN O. ARMSTRONG
TELEPHONE 281 471-1886
TELECOPIER 281 471-2047
CHARLES R. HUBER. JR.
BOARD CERTIFIED - CIVIL TRIAL LAW
TEXAS BOARD OF LEGAL SPECIALIZATION
CLARK T. ASKINS
March 22, 2001
Re: Industrial Waste Ordinance
Dear Martha:
Please place the enclosed ordinance on the April 9, 2001, agenda.
The purpose of this ordinance is to correct the ordinance which was
passed on March 19, 2001, by changing the court in which a petition
for injunction would be filed, from the City of La Porte Municipal
Court, to any court of competent jurisdiction. There were no other
changes.
Knox
City
City
KWA: sw
Enclosure
cC:h' steve Gillett
irector of Public
city of La Porte
Works
r9...fE~lEl1~[~ ~'
'1~1 r M;;-;-2000 ~
l~PUB~S _
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ORDINANCE NO. 2001-2474-A
AN ORDINANCE AMENDING CHAPTER 74, "UTILITIES", ARTICLE II,
"INDUSTRIAL WASTE", OF THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE, SAID ARTICLE BEING THE INDUSTRIAL WASTE ORDINANCE OF THE
CITY OF LA PORTE, REGULATING THE DISCHARGE OF INDUSTRIAL WASTE INTO
PUBLIC SEWERS OF THE CITY OF LA PORTE, TEXAS, PROMULGATING
REGULATIONS AND ESTABLISHING CHARGES FOR SERVICES RENDERED;
PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE
SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION
BE FINED NOT TO EXCEED TWO THOUSAND DOLLARS ($2 , 000. 00), AS
PROVIDED IN APPENDIX B OF THE CODE OR ORDINANCES OF THE CITY OF LA
PORTE; EACH DAY OF VIOLATION SHALL BE DEEMED A SEPARATE OFFENSE;
CONTAINING SEVERABILITY AND REPEALING CLAUSES; 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. Chapter 74, "utilities", Article II, "Industrial
Waste" , Section 11, "Judicial Enforcement Remedies", Paragraph
11.1, "Injunctive Relief", is hereby amended, and shall hereafter
read as follows, to-wit:
"11.1
Injunctive Relief
Whenever the user has violated a pretreatment
standard or requirement or continues to violate the
provisions of this ordinance, wastewater discharge
permi t or orders issued hereunder, or any other
pretreatment requirement, the Director may petition
any court of competent juriSdiction through the
City Attorney for the issuance of a temporary or
permanent injunction, as appropriate, which
restrains or compels the specific performance of
the wastewater discnarge permit, order, or other
requirement imposed by this ordinance on activities
of the industrial user. Such other action as
appropriate for legal and/or equitable relief may
also be sought by the ci ty . A peti tion for
injunctive relief need be filed as a prerequisite
to taking any other action against a user."
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
e
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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 resolution and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3.
This ordinance shall be effective from and after
its passage and approval.
PASSED AND APPROVED this 9th day of April, 2001.
By:
ATTEST:
~ (j. ){1JJfj
ar ha A. Gillett
City Secretary
AP~ a/
Knox W. Askins
City Attorney
-2-
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PUBLIC NOTICE
ORDINANCE 2001-2474-A
.
..-lIDNG CHAPTER 74, "UTILITIES", ARTICLE II, "INDUSTRIAL WASTE", OF THE
.CES OF THE CITY OF LA PORTE, SAID ARTICLE BEING THE INDUSTRIAL WASTE
J.HE CITY OF LA PORTE, REGULATING THE DISCHARGE OF INDUSTRIAL WASTE
.JEWERS OF THE CITY OF LA PORTE, TEXAS, PROMULGATING REGULATIONS AND
~G CHARGES FOR SERVICES RENDERED; PROVIDING THAT ANY PERSON VIOLATING
AS OF TIllS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL
..ONVICTION BE FINED NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00), AS
'IDED IN APPENDIX B OF THE CODE OR ORDINANCES OF THE CITY OF LA PORTE; EACH DAY
.' VIOLATION SHALL BE DEEMED A SEPARATE OFFENSE; CONTAINING SEVERABILITY AND
lffiPEALING CLAUSES; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING
AN EFFECTIVE DATE HEREOF.
CITY OF LA PORTE
s/Norman L. Malone, Mayor
ATTEST:
s/Martha Gillett, City Secretary
APPROVED:
s/Knox W. Askins, City Attorney
~
. P~BLlC NOTICE' '
ORQINANCE' !
2001-2474_,4. ,
AN ORDINA
IN~ CHAPT:CE AMEND.
{!'ESW, ARTIC~/~; WIL- ,
RIAL WASTE\" NDUS_ /
CODE OF ',OF THE'
OF THE C ORDINANCE
PORTE, SAI~ OF. LA
BEING 'THE I ARTICLE
WASTE ORDI~DUSTRIAL
THE CiTy OF 'ANCE OF
REGULATING LA PORTE
CHARGE OF THE DIS:
AL WASTE INDUSTRI_
SEWER OF ~ro PUBLIC
LA PORTE t E CiTy OF
PUMULGAT/N~XA.S, PRO-
LATIONS REGU_
LlSHING c~ND ESTAB_
SERVICES ARfS FOR
'PROVIDING ~EN ERED;
PERSON H ANY
THE TERMS VI LATING
ORDINANC OF THiS
DEEMED G~ SHALL BE
M'SDEMEM'LTy OR A
SHALL UP EANOR AND'
. TION BE F/~N CONVic.
EXCEED ED NOT TO
SAND TWOD THou_
($2,000) AS OLLARS
IN APPENDIX PROViDED
CODE OR B OF THE
OF THE ORDINANCES
PORTE' CiTy OF LA
VIOLATiC;;~ACH DAY OF
DEEMED . SHALL BE
OFFENSE' A SEPARATE
SEVERABiLlitONTAINlNG
PEALING . AND RE-
FINDING CLAUSES'
WITH THE COMPLIANCE
ING LAW' OPEN MEET-
ING AN AND PROVID.
DATE HEREO/FFECTlVE
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Requested By: S, Gillett
Source of Funds: Trllm:portlltion
Infrastructure Fund
Department: Public Works
Account Number:
Report:
Resolution:
Ordinance: XX
Exhibits:
Ordinance
Amount Budgeted: -0-
Exhibits:
Amount Requested:
$5,000
Letter from TexDOT
Exhibits:
Agreement to Contrihute Funds
Budgeted Item: NO
SUMMARY & RECOMMENDATION
The Texas Department of Transportation (TexDOT) has completed the construction ofleft-turn
lanes at the intersection ofSH 146 and Wharton Weems Blvd. Design of the right-turn lane,
southbound, has been designed. TexDOT has determined that additional ROW is needed to
construct this facility. The estimated cost of acquisition is $50,000. Tex DOT has requested that
the City of La Porte enter into an Agreement to Contribute Funds for 10% of the estimated
acquisition cost, or $5,000. Should the cost exceed $50,000, the City will pay the difference.
Should the cost be less than $50,000, TexDOT will refund the difference.
Funding is available in the Transportation Infrastructure Fund.
Action Reauired bv Council: Approve an ordinance authorizing the Mayor to execute an
Agreement to Contribute Funds between the City of La Porte and the State of Texas, and funding
the Agreement from the Transportation Infrastructure Fund.
Approved for City Council A!!enda
Go.l~ t. ~
Robert T. Herrera, City Manager
.L{-1>-o\
Date
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ORDINANCE NO. 2001-Mi~
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT FOR COST
PARTICIPATION BETWEEN THE CITY OF LA PORTE AND THE TEXAS DEPARTMENT
OF TRANSPORTATION, FOR LAND ACQUISITION FOR THE RIGHT-TURN LANE ON
STATE HIGHWAY 146 TO WHARTON WEEMS BLVD.; APPROPRIATING NOT TO
EXCEED $5,000.00, 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 Mayor is hereby authorized to execute such document
and all related documents on behalf of the City of La Porte. The
City Secretary is hereby authorized to attest to all such
signatures and to affix the seal of the City to all such documents.
City Council appropriates the sum not to exceed $5,000.00 from the
City of La Porte Transportation Infrastructure Fund 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
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
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ORDINANCE NO. 2001-~~
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 9th day of April, 2001.
CITY OF LA PORTE
By: 4:~~-
Mayor
ATTEST:
'-1YI attk ~ ~~ AALttl
Martha A. Gillett,
City Secretary
APPROVED:
Knox
City
*-
I Texas Department of Transportation
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,
P.O. BOX 1386 · HOUSTON, TEXAS 77251-1386 · (713) 802-5000
March 19,2001
CONTACT: ROW
Funding Request
Control 0389-05-089
Harris County
SH 146: At BS 146D
City SecretaryVs Office
(!.' R1rt JJ
,I
The Honorable Norman L. Malone
Mayor, City of La Porte
P. O. Box 1115
La Porte, Texas 77572-1115
Dear Mayor Malone:
Reference is made to our letter dated February 16,2001, wherein we requested local participation
for the above subject project. After meeting with the design engineer, it has been determined that
no utility adjustments will be required on this project. The estimated cost for utility adjustments
in the amount of $60,000 is hereby withdrawn and the total estimated acquisition cost for this
project is $50,000. The City's ten percent local participation is $5,000.
Attached please find triplicate copies of the revised Agreement to Contribute Funds for your
further handling with City Council.
Ifadditional information is required, please contact Ms. Brenda McKinney at (713) 802-5727.
Sincerely,
.=*~L-0 c;(~ tL.L-~
Frances Willison, P.E.
Director of District Right of Way
Houston District
BM
Attachments
cc: Ms. Brenda McKinney
Ms. Maureen Wakeland, P.E.
*-
I Texas Department of Transportation
e
P.O. BOX 1386. HOUSTON, TEXAS 77251-1386. (713) 802-5000
May 21,2001
Transmittal of Agreement to Contribute Funds
Account 8012-02-038
ROW CSJ 0389-05-092
Harris County
S.H.146:AtBS 146D
The Honorable Norman L. Malone
Mayor, City of La Porte
P. O. Box 1115
La Porte, Texas 77572-1115
Dear Mayor Malone:
Attached please find the fully executed Agreement to Contribute Funds covering the above
subject project for your files.
If additional information is required, please contact Ms. Brenda E. McKinney at (713) 802-5727.
Sincere:~ J fh~~'
WdhSOn,PoEl Ie '<j
Director of District Right of Way /
Houston District
Ibm
Attachments
~...; / '" t..'....) l t.,. I
An Equal Opportunity Employer
e,;
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AGREEMENT TO CONTRIBUTE FUNDS
THE STATE OF TEXAS
Harris County
Construction CSJ 0389-05-089
ROW CSJ 0389-05-092
ROW Account 8012-2-38
COUNTY OF TRAVIS
TillS AGREEMENT by and between the State of Texas, acting by and through the
Texas Department of Transportation, hereinafter called the State, and the City of La
Porth. Texas, acting by and through its duly authorized official under Ordinance dated the
'1 day of P,PWt ,200L, hereinafter called the City, shall be effective on
the date of approval and execution by and on behalf of the State,
WHEREAS, the State has previously requested the City of enter into a contractual
agreement and acquire right of way for a highway project on SH 146 with the following
project limits:
From: At BS 146D (Wharton Weems Road)
To:
The term right of way refers to those costs associated with the purchase of the Parcell, as
well as any utility adjustment costs.
WHEREAS, the City has now requested that the State assume responsibility for
acquisition of all necess~ right of way for said highway project; and
WHEREAS, the City desires t<? voluntarily contribute to the State funds equal to ten
percent of the cost for said right of way for the proper development and construction of
the State Highway System;
NOW, THEREFORE, in consideration of the foregoing premises and the mutual
benefits to be derived therefrom, the City shall contribute to the State an amoUnt equal to
ten (10) percent of the cost of the right of way to be acquired by the State and shall
transmit to the State with the return of this agreement, duly executed by City, a check
payable to the Texas Department of Transportation in the amount of Five Thousand
Dollars ($5,000), which represents ten (10) percent of the estimated cost of the right of
way, However, if it is found that this amount is insufficient to pay the City's obligation,
then the City, upon request of the State, will forthwith supplement this amount in such
amount as is requested by the State, Upon completion of the highway project and in the
event the total amount as paid by the City is more than ten (10) percent of the actual cost
of the right of way, any excess amount will be returned to the City by the State, Cost of
.
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the right of way acquired by the State shall mean the total value of compensation paid to
owners, including but not limited to utility owners, for their property interests either
through negotiations or eminent domain proceedings.
CITY OF LA PORTE, TEXAS
By: /.0py~?/n~,
, ( MAYOR '"
IlL
ATTEST:
THE STATE OF TEXAS
Certified as being executed for the purpose and
effect of activating and/or carrying out the
orders, established policies or work programs
heretofore approved and authorized by the Texas
Transportation Commission under the authority
of Minute Order /00 00 ~
L1Yl4Ulttt, (J.~
,..,'
.....
Date:
S-JJI)01
.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: April 6. 2001
Requested By: Cynthia AleYllnder ~
Appropriation
Source of Funds:
Not Applicable
Department:
FiAaAce
Account Number: Not Applicable
Report:
Resolution:
Ordinance:
xx
Amount Budgeted: Not Applicahle
Exhibits: Contract for the Collection of Delinquent Taxes
Amount Requested: Not spplicsble
Exhibits:
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
The City currently has an agreement with Perdue, Brandon, Fielder, Collins, & Mott, L.L.P., for the Collection of
Delinquent Ad Valorem Taxes. When we initially entered into this agreement, we structured the term to end at the
same time as their contract with the school district ended. The La Porte Independent School District (LPISD) issued
a new contract at its November 14, 2000, Board Meeting to become effective April 1, 2001. Accordingly, since it is
to our advantage to utilize the same fIrm, we are requesting the same term the school district agreed to, which is
three years.
This fIrm has represented the City in a professional and courteous manner, and has consistently improved the
collection rate of delinquent taxes. They have collected over $700,000 in the last three years, have resolved Title
Problems for more than 113 properties, and assisted the La Porte Tax Office in selling numerous Tax Foreclosure
properties. We are extremely pleased with our relationship, and would like to continue it.
The way our original contract was worded, we could have simply chosen the two-year option at this time; however,
we elected to bring it back for a full three-year term to further coincide with the school district. We are again asking
for a two-year option (at our choice), and on a month-to-month basis thereafter. Also, you will note that the contract
has a 30-day out clause, which is a very short timetable. This option is important to us, and is to our advantage.
Although we do not anticipate any problems, if for any reason they do not perform at an acceptable level, we have
the right to cancel the contract.
Action Reauired bv Council:
Adopt Ordinance approving and authorizing a Contract for the Collection of Delinquent Taxes with Perdue,
Brandon, Fielder, Collins, & Mott, L.L.P. for a three-year term beginning April 1, 2001, and ending March 31,2004,
with a two-year renewal option, and on a month-to-month basis thereafter.
Approved for City Council Aeenda
1f!;J /01
Date I /
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ORDINANCE NO. 2001-~~3
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY
OF LA PORTE AND THE LAW FIRM OF PERDUE, BRANDON, FIELDER, COLLINS
, MOTT, L. L. P., FOR THE COLLECTION OF DELINQUENT TAXES; 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.
Section 2.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the city Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The city Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
e
ORDINANCE NO. 2001-~4!~
e
PASSED AND APPROVED, this 9th day of April, 2001.
ATTEST:
~IJ~
Mar ha A. Gillett
city Secretary
APPROVED:
~~
Knox W. Askins
city Attorney
By:
CITY OF LA PORTE
&r~~-
Mayor
PAGE 2
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CONTRACT FOR THE COLLECTION OF
DELINQUENT TAXES
THE STATE OF TEXAS
COUNTY OF HARRIS
THIS CONTRACT is made between the CITY OF LA PORTE TEXAS a political subdivision of the
State of Texas, acting by and through its City Counsel, hereinafter called Taxing Authority, and PERDUE,
BRANDON, FIELDER, COLLINS & MOTT, L.L.P., Attorneys at Law, Houston, Texas, or their duly
authorized representatives, hereinafter called the Firm.
I
Taxing Authority agrees to employ and does hereby employ the Firm to enforce by suit or otherwise, the
collection of all delinquent taxes, penalty and interest, owing to the Taxing Authority which the Taxing
Authority's Tax Collector refers to the Firm, provided current years taxes becoming delinquent within the
period of this contract shall become subject to its terms upon the following conditions:
A. Taxes that become delinquent dwing the term of this Contract that are not
delinquent for any prior year become subject to the terms of this Contract
on the 1st day of July, of the year in which they become delinquent; and
B. Taxes that become delinquent during the term of this Contract on property
that is delinquent for prior years shall become subject to its term on the
first day of delinquency when such property is under litigation or comes
under litigation or is referred to the Firm for collection by the Taxing
Authority's Tax Collector.
C. Taxing Authority reserves the right to make the final decision as to
whether or not to enforce by suit any delinquent tax account turned over
to the Firm for collection.
II
The Firm is to call to the attention of the tax collector or officials any errors, double assessments or
other discrepancies discovered during the progress of the work, and is to intervene on behalf of the Taxing
Authority in all suits for taxes hereafter filed by any taxing unit on property located within its taxing
jwisdiction.
III
The Firm agrees to make progress reports to the Taxing Authority on request, and advise the Taxing
Authority of all cases where investigation reveals taxpayers to be financially unable to pay their delinquent
taxes.
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IV
All activities performed by the Firm in connection with this contract and all costs incurred (Le. title
research and publications costs) are at no costs to the taxing authority and shall be born by the Firm.
v
Taxing Authority agrees to pay the Firm as compensation for services rendered hereunder fifteen (15%)
percent of the total amount of all delinquent taxes, penalty and interest which are subject to this contract and
which are actually collected and paid to the Taxing Authority's Collector of Taxes, when such fifteen percent is
recovered from the taxpayer, Other taxes, including current taxes, which are turned over to the Firm by the
Taxing Authority's Tax Assessor-Collector because of the necessity of filing claims in Bankruptcy, with other
federal authorities, or for other reasons, shall become subject to the terms of this contract at the time they are
turned over to the Firm and the Firm is entitled to fifteen (15%) of any amounts of delinquent taxes, penalties,
and interest actually received by the Taxing Authority and fifteen (15%) percent of current taxes actually
received by the Taxing Authority when such fifteen percent is recovered from the taxpayer, if collected prior to
July 1 st of any tax year, upon order of the Court.
VI
Taxing Authority agrees to furnish to the Firm all data and information in its possession as to the name
and address of the taxpayer, the legal description of the property, and the years and amount of taxes due. Taxing
Authority further agrees to update said information by furnishing a list of paid accounts and adjustments to the
Tax Roll as necessary.
VII
This Contract shall commence on April 1, 2001, and continue in full force and effect until March 31,
2004, with an option to Taxing Authority to renew for one additional two year term, and shall thereafter
continue on a month to month basis; provided; however, that Taxing Authority shall have the right to terminate
this agreement for cause by giving the Firm thirty (30) days written notice of their desire and intention to
terminate this agreement; and further provided that the Firm shall have an additional six (6) months to collect or
reduce to judgment all tax suits and/or claims filed prior to the date this agreement becomes terminated
hereunder.
In consideration of the terms and compensation here stated, the Firm hereby accepts said employment
and undertakes the performance of this Contract as above written.
This Contract is executed on behalf of the Taxing Authority by the presiding officer of its governing
body who is authorized to execute this instrument on by Order heretofore passed and duly recorded in its
minutes.
&pJ..lITNESS the signatures of all parties hereto in duplicate originals this the q #1 day of
/ 2001 in Harris County, Texas.
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PERDUE, BRANDON, FIELDER
COLLINS & MOTT, L.L.P.
Attorneys at Law
2600 Citadel Plaza Dr" Suite I 10
Houston, Texas 77008
(713) 862-1860
(713) 862-1429 Fax
CITY of LA PORTE TEXAS
iar/tJj~~
M or
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Department: Public Works
Agenda Date Requested:
01
Appropriation
Requested By: Steve Gillett
Source of Funds: Motor Pool Fund
Account Number: 009-7072-532-8050
Report: X Resolution: _Ordinance:
Amount Budgeted: None
Exhibits: H-GAC Grant Al!reement
Amount Requested: $70,723.00
Exhibits: H-GAC Heavv Equipment Pricinl! List
Budgeted Item:
YES X NO
Exhibits:
SUMMARY & RECOMMENDATION
As previously reported to City Council, the City of La Porte requested and received a grant for the purchase of a
Rubber-Tired Front Loader from the Harris-Galveston Area Council to be used in the Compost Program. The grant
is for 90% of the purchase price with the remaining 10% being funded by the City of La Porte.
The Front Loader will be purchased through the Cooperative Purchasing Agreement with H-GAC. The bid price for
the Front Loader is $69,575.00. The Administrative Fee for H-GAC is 1.65% of the bid price or $1,148.00. The
total cost of the Front Loader would be $70,723.00. Of this cost, the grant would provide reimbursement of funds to
the City in the amount of$63,650.00 with the remaining $7.073.00 being the City's share.
Funds for this purchase were not budgeted in the 2000/01 Operating Budget. Staff requests the City Council
authorize the advance and expenditure of$70,723.00 from the Motor Pool Fund for the purchase of this equipment.
Funds reimbursed by H-GAC will be replaced in the Motor Pool Fund upon receipt.
Action Required bv Council: Authorize purchase of Front Loader with an advance from the Motor
Pool Fund through the Cooperative Purchasing Agreement with H-GAC in the amount of
$70,723,00. All reimbursement funds from H-GAC will be replaced in the Motor Pool Fund.
ji:J ;{I
Date I
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,~Qfi~a~fSf~U~t
City of La, Porte
PO Box 1115
La Porte, Texas 77572-1115
tel. (281) 471-9650
fax: (281) 867-0892
Contact:
Phil Webb
(281) 471-9.650
webbp@ci.la-porte.tx.us
?U~
~" .'-
Community and Environmental Planning Department
Houston-Galveston Area Council
3555 Timmons Lane, Suite 500
Post Office Box 22777
Houston, Texas 77227-2777
tel. (713) 627-3200
fax, (713) 993-4503
Staff Contact: Cheryl Mergo
Solid W ~te Program Coordinator
(713) 993-4520
cmergo@hgac.cog,tx,us
'",'~ ~m .,:.'., r,t., '~" ~ ~ ;~."'''~, .,.. :,",' :"ii!," . '.S.... 'IF.;',' ;.., ",rt,"';", ':;",:P I~"', .I'",il'',''' :i:. ':li!:':r,;I:'~::b, - ")'r.:mi;~llr',',~ :.; ',.t:;,"-~,"-; :if;t:r.~,'.Il'!"~i11j~;1':,ii~ :'~1."~
~~,,~CC;~'!I)P'~~,""QliQJ~!~t~Jilmpleme~tiition1qi~~ J
Project Description: Source Reduction and Recycling
Contract Number: Ol-16-G28
Contract Amount: $63,650,00
Grant Period: 1/1/01 to 8/31/01
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HOUSTON-GALVESTON AREA COUNCIL
FY 2001 SOLID WASTE IMPLEMENTATION PROGRAM CONTRACT
TABLE OF CONTENTS
I General Contract Provisions: Intergovernmental Agreement
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
Article 15
Article 16
Article 17
Article 18
Article 19
Article 20
Article 21
Article 22
Article 23
Article 24
Article 25
Article 26
Article 27
Article 28
Article 29
Article 30
Article 31
Legal Authority
Applicable Laws
Independent Contractor
Whole Agreement
Scope of Services
Performance Period
Reporting Requirements
Payments
Non Funding Clause
Insurance
'Repayments
Subcontracts
Audit
Examination of Records
Retention of Records
Changes and Amendments
Termination Procedures
Severability
Copyrights
Ownership of Materials
Force Majeure
Non-Discrimination and Equal Opportunity
Conflict of Interest
Political Activity; Lobbying
Sectarian Involvement Prohibited
Criminal Provisions and Sarictions
Titles Not Restrictive
Acknowledgment of Funding Source
Disputes
Governing Law: Venue
Order of Priority
Signatures
.:. ," "
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I Special Contract Provisions
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
Article 15
Article 16
Article 17
Article 18
Article 19
Article 20
Article 21
Article 22
Article 23
Article 24
Article 25
Article 26
Article 27
Article 28
Period of Performance
Scope of Services
Legal Authority
H-GAC Obligations
Summary and Results Reporting Requirements
Financial Administration of Pass-Through Grants
Standards for Contractor's Performance
Standards Applicable to Pass-through Grant Projects
Supplemental Funding Standards
Title to and Management of Real Property and Equipment
Insurance
Historically Underutilized Businesses (HUBs)
Energy Efficiency Standards'
Laws and Regulations
Uniform Grant and Contract Management Act
Data and Publicity
Acknowledgement of Financial Support
Design Review
Permits and Approvals
Requirement of Registration of Designers
Municipal Solid Waste Disposal and Transportation Revenue Fee
Safety and Protection
Hazardous Substances, Waste Disposal and Manifests
Intellectual Property Requirements
Accounting Systems
Survival of Obligations
Contractual Costs
Authorized Representatives
I Attachments
A. Scope of Service
B, Contract Budget
ii
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HOUSTON-GALVESTON AREA COUNCIL
GENERAL PROVISIONS
INTERGOVERNMENTALAGREmMENT
This Intergovernmental Agreement is made and entered into this 29th day of Januarv ,2001, by and
between the Houston-Galveston Area Council, hereinafter referred to as H-GAC, having its principal place of
business at 3555 Timmons Lane, Suite 500, Houston, Texas 77027 and Citv of La Porte hereinafter
referred to as the Contractor, having its principal place of business 604 West Fainnont Parkway. La Porte.
Texas 77572.
WITNESSETH:
WHEREAS, H-GAC hereby engages the Contractor to perform certain services in accordance with the
specifications of the Agreement; and
WHEREAS, the Contractor has agreed to perform such serviceS in accordance with the specifications of the
Agreement; .
NOW, THEREFORE. H-GAC and the Contractor do hereby agree as follows:
ARTICLE 1 LEGAL AUTHORITY
The Contractor warrants and assures H-GAC that it possesses adequate legal authority to enter into this
Agreement The Contractor's governing body, where applicable, has authorized the signatory official(s) to
enter into this Agreement and bind the Contractor to the terms of this Agreement and any subsequent
amendments hereto,
ARTICLE 2 APPLICABLE LAWS
The Contractor agrees to conduct all activities under this Agreement in accordance with all applicable rules,
regulations, dirCctives, standards, ordinances and laws in effect or promulgated during the term of this
Agreement. Su6h standards and laws shall include, to the extent applicable, the Uniform Grant and Contract
Management Standards ("UGMS") promulgated by the State of Texas and the state and federal statutes
referenced therein.
ARTICLE 3 INDEPENDENT CONTRACTOR
The execution of this Agreement and the rendering of services prescribed by this Agreement do not change
the independent status of H-GAC or the Contractor. No provision of this Agreement or act of H-GAC in
performance of the Agreement shall be conStrued as making the Contractor the agent, servant or employee of
H-GAC, the State of Texas or the United States Government Employees of the Contractor are subject to the
exclusive control and supervision of the Contractor, The Contractor is solely responsible for employee
payrolls and claims arising therefrom. The Contractor shall notify H-GAC of the threat of lawsuit or of any
actual suit filed against the Contractor pertaining to this Agreement or which would adversely affect the
contractor's ability to perform services under this Agreement
General Provisions
Page 1 of8
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ARTICLE 4 WHOLE AGREEMENT
The General Provisions, Special Provisions and Attachments, as provided herein, constitute
the complete agreement between the parties hereto, and supersede any and all oral and
written agreements between the parties relating to matters herein, Except as otherwise
provided herein, this Agreement cannot be modified without written consent of the parties,
ARTICLE 5 SCOPE OF SERVICES
The services to be performed by the Contractor are outlined in the Special Provisions of this Agreement
ARTICLE 6 PERFORMANCE PERIOD
This Agreement shall be performed during the period which begins 1 anuary 1_ 2001 and ends August 31,
2QQ!.
ARTICLE 7 REPORTING REOUlREMENTS
Reporting requirements are set forth in the Special Provisions of this Agreement. If the Contractor fails to
submit to H-GAC in a timely and satisfactory manner any report required by this Agreement, or otherwise
fails to satisfactorily render performances hereunder, H-GAC may withhold payments otherwise due and
owing the Contractor hereunder, If H-GAC withholds such payments, it shall notify the Contractor of its
decision and the reasons therefor, Payments withheld pursuant to this Article may be held by H-GAC until
such time as the delinquent obligations for which funds are withheld are fulfilled by the Contractor, The
Contractor's failure to timely submit any report may also be considered cause for termination of this
Agreement
ARTICLE 8 PAYMENTS
The Contractor agrees that payments are predicated upon properly documented and verified proof of
performance delivered and costs incurred by the Contractor in accordance with the tenns of this Agreement
and shall be paid in accordance with the Compensation Schedule in the Special Provisions,
ARTICLE 9 NON FUNDING CLAUSE
Each payment obligation of H-GAC created by this Agreement is conditioned upon the availability of state or
federal funds appropriated or allocated for the payment of such obligations. H-GAC shall not be otherwise
obligated or liable for any future payments due or for any damages as a result of interruption of payment or
termination under this Article,
ARTICLE 10 INSURANCE
The Contractor shall maintain insurance coverage for work performed or services rendered under this
Agreement as specified in the Special Provisions.
General Provisions
Page 2 of 8
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ARTICLE 11 REPAYMENTS
The Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to H-GAC
any amounts determined by H-GAC, its independent auditors, or any agency of state or federal government to
have been paid in violation of the terms of this Agreement
ARTICLE 12 SUBCONTRACTS
Except as may be set forth in the Special Provisions, the Contractor agrees not to subcontract, assign. transfer,
convey, sublet or otherwise dispose of this Agreement or any right, title, obligation or interest it may have
therein to any third party without prior written approval ofH-GAC,
The Contractor acknowledges that H-GAC is not liable to any subcontractor(s) of the Contractor,
The Contractor shall ensme that the performance rendered under all subcontracts shall result in compliance
with all the terms and provisions of this Agreement as if the perfonnance rendered was rendered by the
Contractor,
....
ARTICLE 13 AUDIT
As a recipient of state or federal assistance through this Agreement, the Contractor acknowledges that it is
subject to the Single Audit Act of 1996, P L, 98-502, (hereinafter referred to as "Audit Act"), OMB Circular
No, A-133, and the State of Texas Single Audit Circular incorporated in UGMS.
The Contractor shall have an audit made in accordance with the Single Audit, requirements of the most
recently adopted UGMS and OMB Circular A-133 for any of its fiscal years in which Contractor expends
more than $300,000 in state or federal financial assistance,
The Contractor will provide H-GAC a copy of the single audit, including. management letter and reporting
package required by federal and state rules within 30 days after receipt of the auditor's report, or nine months
after the end of the audit period.
H-GAC reserves the right to conduct or cause to be conducted an independent audit of all funds received
under this Agreement which may be performed by the local government audit staff, a certified public
accountant f1l'Jll, or other auditors as designated by the H-GAC, Such audit will be conducted in accordance
with state law, regulations, and policy, and generally accepted auditing standards and established procedures
and guidelines of the reviewing or audit agency(ies).
The Contractor understands and agrees that the Contractor shall be liable to the H-GAC for any costs
disallowed or overpayment as a result of audit or inspection of records kept by the Contractor on work
perfonned under this Agreement
ARTICLE 14 EXAMINATION OF RECORDS
The Contractor shall maintain during the courSe of the work, complete and accurate records of ali of the
Contractor's costs and documentation of items which are chargeable to H-GAC under this Agreement
H-GAC, through its staff or designated public accounting firm, the State Qf Texas and the United State
Government, shall have the right at any reasonable time to inspect, copy and audit those records on or off the
premises by authorized representatives of its own or any public accounting firm selected by it. The right of
access to records is not limited to the required retention period, but shall last as long as the records are
retained. Failure to provide access to records may be cause for termination of the Agreement. The records to .
be thus maintained and retained by the Contractor shall include (without limitation): (1) personnel and payroll
records, including social security numbers and labor classifications, accounting for total time distribution of
General Provisions
Page 3 of 8
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the Contractor's employees working full or part time on the work, as well as cancelled payroll checks, signed
receipts for payroll payments in cash, or other evidence of disbursement of payroll payments; (2) invoices for
purchases, receiving and issuing documents, and all other unit inventory records for the Contractor's stocks or
capital items; and (3) paid invoices and cancelled checks for materials purchased and for subcontractors' and
any other third parties' charges.
The Contractor further agrees to include in all its subcontracts permitted pursuant to Article 12 hereof, a
provision to the effect that the subcontractor agrees that H-GAC and its duly authorized representatives shall,
until the expiration of three (3) years after final payment under the subcontract or until all audit findings have
been resolved, have access to and the right to examine and copy any directly pertinent books, documents,
papers, invoices and records of such subcontractor involving transactions relating to the subcontract
ARTICLE 15 RETENTION OF RECORDS
The Contractor shall maintain all records pertinent to this Agreement, including but not limited to those
records enumerated in Article 14, and all other financial, statistical, property, participant records, and
supporting documentation for a period of no less than three (3)...ca1endaryears from the later of the date of
acceptance of the final contract closeout or the date of the final audit required under Article 13 of this
Agreement. If any litigation, claim, negotiation, audit or other action involving the records has been started
before the expiration of the retention period, the records shall be retained until completion of the action and
resolution of all issues which arise from it, or until the end of the regular three (3) year period, whichever is
later,
ARTICLE 16 CHANGES AND AMENDMENTS
Any alterations, additions, or deletions to the terms of this Agreement which are required by changes in
federal law or regulations are automatically incorporated into this Agreement without written amendment
hereto, and shall become effective on the date designated by such law or regulation; provided if the Contractor
may not legally comply with such change, the contractor may terminate its participation herein as authorized
by Article 17.
H-GAC may, from time to time, require changes in the scope of the services of the Contractor to be performed
hereunder, Such changes that are mutually a~ upon by and between H-GAC and the Contractor in
writing shall be incorporated into this Agreement.
ARTICLE 17 TERMINATION PROCEDURES
The Contractor acknowledges that this Agreement may be terminated under the following circumstances:
A. Convenience
H-GAC may terminate this Agreement in whole or in part without cause at any time by written
notice by certified mail to the Contractor whenever for any reason H-GAC determines that such
termination is in the best interest of H-GAC, Upon receipt of notice of termination, all services
hereunder of the Contractor and its employees and subcontractors shall cease to the extent specified
in the notice of termination. In the event of termination in whole, the Contractor shall prepare a final
invoice within 30 days of such tennination reflecting the services actually performed which have not
appeared on any prior invoice, such invoice shall be satisfactory to the Executive Director or his
designee. H-GAC agrees to pay the Contractor, in accordance with the terms of the Agreement, for
services actually performed and accruing to the benefit of H-GAC, less payment of any
compensation previously paid.
General Provisions
Page 4 of 8
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The Contractor may cancel or terminate this Agreement upon thirty (30) days written notice by
certified mail to H-GAC. The Contractor may not give notice of cancellation after it has received
notice of default from H-GAC. In the event of such termination prior to completion of the
Agreement provided for herein, H-GAC agrees to pay services herein specified on a prorated basis
for work actually performed and invoiced in accordance with the terms of this Agreement, less
payment of any compensation previously paid.
B, Default
H-GAC may. by written notice of default to the Contractor. terminate the whole or any part of the
Agreement in anyone of the following circumstances:
(1) If the Contractor fails to perform the services herein specified within the time specified
herein or any extension thereof; or
(2) If the Contractor fails to perform any of the other provisions of this Agreement for any
reason whatsoever, or so fails to make progress or otherwise. violates the Agreement that
completion of the services herein. specified Fithin the agreement term is significantly
endangered, and in either of these two instances does not cure such failure within a period
of ten (10) days (or such longer period of time as may be authorized by H-GAC in
writing) after receiving written notice by certified mail of default from H-GAC.
In the event of such termination, all services of the Contractor and its employees and subcontractors
shall cease and th.e Contractor shall prepare a final invoice reflecting the services actually performed
pursuant to the Agreement which have not appeared on any prior invoice, Such invoice must be
satisfactory to the 'Executive Director of H-GAC or his designee, H-GAC agrees to pay the
Contractor, in accordance with the terms of this Agreement, for services actually performed and
accruing to the benefit of H-GAC as reflected on said invoice, less payment of any compensation
previously paid and less any costs or damages incurred by H-GAC as a result of such default,
including incremental costs that H-GAC will incur to have the Agreement completed by a person
other than the contractor.
ARTICLE18SEVERABaITY
All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable,
such determination shall not affect any other term of this Agreement, which shall continue in full force .and
effect.
ARTICLE 19 COPYRIGHTS
The state or federal awarding agency and H-GAC reserve a royalty-free, nonexclusive. and irrevocable license
to reproduce, publish or otherwise use, and to authorize others to use, for state or federal government or H-
GAC purposes:
(a) The copyright of all maps, data, reports, research or other work developed under this
Agreement; and
(b) Any copyrights or rights of use to copyrighted material which the Contractor purchases
with funding under this Agreement, All such data and material shall be furnished to
H-GAC on request.
General Provisions
Page 5 ofS
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ARTICLE 20 OWNERSHIP OF MATERIALS
Except as may be specified in the Special Provisions, all data, reports, research, etc., developed by the
Contractor as a part of its work under this Agreement shall become the property of the H-GAC upon
completion of this Agreement, or in the event of termination or cancellation hereof, at the time of payment
under ARTICLE 8 for work performed. All such data and material shall be furnished to H-GAC on request
ARTICLE 21 FORCEMAnruRE
To the extent that either party to this Agreement shall be wholly or partially prevented from the performance
within the term specified of any obligation or duty placed on such party by reason of or through strikes,
stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or
specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such
event, the time for the performance of such obligation or duty shall be suspended until such disability to
perform is removed, Determination of force majeure shall rest solely with the H-GAC,
. .
...
ARTICLE 22 NON.DISCRIMINA TION AND EOUAL OPPORTUNITY
The Contractor agrees to comply with all state and federal statutes relating to nondiscrimination, These
include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P 1.. 88-352) which prohibits
discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of
1972, as amended (20 U.S,C, U 1681-1683, and 1685-1686), which prohibits discrimination on the basis of
sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U,S.C, fi 794), which prohibits
discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (d) the Age
Discrimination Act of 1974, as amended (42 U.S,C, U 6101-6107), which prohibits discrimination on the
basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (pL, 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970 (P,L, 91-616), as amended, relating to the
nondiscrimination on the basis of alcohol abuse or alcoholism; (g) U 523 and 527 of the Public Health
Service Act of 1912 (42 U,S,C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and
drug abuse patient records; (h) Title vm of the Civil Rights Act of 1968 (42 U.S.C. fi 3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental or fmancing of housing; (I) any other
nondiscrimination provisions in any specific statute(s) applicable to any Federal funding for this Agreement;
and (j) the requirements of any other nondiscrimination statute(s) which may apply to this Agreement
ARTICLE 23 CONFLICT OF INTEREST
No officer, member or employee of the Contractor or subcontractors, no member of the governing body of the
Contractor, and no other public officials of the Contractor who exercise any functions or responsibilities in the
review or approval of this Agreement, shall participate in any decision relating to this Agreement which .
affects his or her personal interest, or shall have any personal or pecuniary interest, direct or indirect, in this
Agreement
ARTICLE 24 POLITICAL ACTMTY: LOBBYING
No funds provided under this Agreement may be used in any way to attempt to influence in any manner a
member of Congress to favor or oppose any legislation or appropriation by Congress, or for lobbying with
state or local legislators, The Contractor, if a recipient of federal assistance exceeding $100,000 through an
H-GAC subcontract, will comply with section 319, Public Law 101-121 (31 U.S,C. 1352).
General Provisions
Page 6 of 8
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ARTICLE 25 SECTARIAN INVOLVEMENT PROIDBITED
The Contractor shall ensure that no funds under this Agreement are used, either directly or indirectly, in the
support of any religious or anti-religious activity, worship, or instruction.
ARTICLE 26 CRIMINAL PROVISIONS AND SANCTIONS
The Contractor agrees that it will perform the Agreement activities in conformance with safeguards against
fraud and abuse as set forth by the H-GAC, the State of Texas, and the acts and regulations of the funding
entity, The Contractor agrees to promptly notify H-GAC of suspected fraud, abuse or other criminal activity
through the filing of a written report within twenty-four (24) hours of knowledge thereof and to notify H-GAC
of any accident or incident requiring medical attention arising from its activities under this Agreement within
twenty-four (24) hours of such occurrence.
Theft or willful damage to property on loan to the Contractor from H-GAC, if any, shall be reported to local
law enforcement agencies and H-GAC within two (2) hours of discovery of any such act
The Contractor further agrees to cooperate fully with H-GAC, iocal1aw enforcement agencies, the State of
Texas, the Federal Bureau of Investigation and any other duly authorized investigative unit in carrying out a
full investigation of all such incidents,
ARTICLE 27 TITLES NOT RESTRICTIVE
The titles assigned to the various Articles of this Agreement are for convenience only, Titles shall not be
considered restrictive of the subject matter of any Article, or part of this Agreement.
ARTICLE 28 ACKNOWLEDGEMENT OF FUNDING SOURCE
The Contractor shall give credit to H-GAC as the funding source for this Agreement in all oral presentations,
written documents, publicity, and advertisements regarding any of the Contractor's activities which arise from
this Agreement
ARTICLE 29 DISPUTES
Any and all disputes concerning questions of fact or of law arising under this Agreement which are not
disposed of by agreement shall be decided by the Executive Director of H-GAC or his designee, who shall
reduce his decision to writing and provide notice thereof to the Contractor. The decision of the Executive
Director or his designee shall be final and conclusive unless, within thirty (30) days from the date of receipt of
such copy, the Contractor requests a rehearing from the Executive Director of H-GAC, In connection with
any rehearing under this Article, the Contractor shall be afforded an opportunity to be heard and offer
evidence in support of its position. The decision of the Executive "Director after any such rehearing shall be
final and conclusive, The Contractor may, if it elects to do so, appeal the final and conclusive decision of the
Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, the
Contractor shall proceed diligently with the performance of the Agreement and in accordance with H-GAC's
tinal decision.
General Provisions
Page 7 of 8
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ARTICLE 30 GOVERNING LAW: VENUE
This Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or
cause of action arising under or in connection with the Agreement shall lie exclusively in Harris County,
Texas, unless the laws of the State of Texas specifically establish venue in some other county,
ARTICLE 31 ORDER OF PRIORITY
In the case of any conflict between the General Provision, the Special Provisions, and Attachments to this
Agreement, the following order of priority shall be utilized: Special Provision, General Provisions, and
Attachments,
H-GAC and the Contractor have executed the Agreement as of the date first written above,
~
ivcston Area Counc.il
~)'2.~/O I .
Date
Q~ T. \-t~
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Date
General Provisions
Page 8 of 8
Earth-Moving Equipment e
e
Page 1 of3
Page laat Updated: 10/10/00 09:44 AM.
Earth Moving Equipment
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The following prices are "base bid", and do not include any available options. With the exceptions, most items al
two-year contracts. Please call the contractor in your area for additional prices on published and unpublished op
the construction equipment items under contract, which include, but are not limited to, excavators, bulldozers, fn
loaders, gradealls.
Bid No. EM99-90: "Earth Moving Equipment"
Contract Dates: May 1, 2000 through Apri/30, 2001
Index: lti-GAC Contag!IFee Table InstructionslFee Tablel'
Series Equipment Description Contractor Equipment Model I Base
Price
Excavators
1 Compact, 1.5 Metric Ton Class ClM Kobelco SK15 SR $ 19,675
2 Compact, 2.5 Metric Ton Class Continental Komatsu PC17R-8 $ 28,171
3 Compact, 3.5 Metric Ton Class Continental Komatsu PC35R-8 $ 33,596
4 Wheeled Telescoping Boom, 4x2 Hi-Way Gradall G3WO $ 159,655
5 Small, 12 Metric Ton Class Con-Equip Hyundai 130lC-3 $ 79,898
6 Medium, 20 Metric Ton Class ClM Kobelco SK210lC $ 109,900
7 large, 32 Metric Ton Class ClM Kobelco SK330lC $ 181,800
Crawler Dozers
8 Small, 18,000 Ib, 89 hp Class Future Case 850H $ 64,734
9 Medium; 31,000 Ib, 130 hp Class Rush John Deere 750C-1I $141,576
10 Large, 40,000 Ib, 175 hp Class Continental Komatsu 065EX-12 $ 170,000
Motor Graders
11 Small, 17,000 Ib, 100 hp Class Volvo Champion 710A $ 95,521
12 Medium, 30,000 Ib 140 hp Class New Holland New Holland PG-140 $ 83,464
13 large, 32,000 Ib, 160 hp Class New Holland New Holland RG-170 $ 91,900
Skid Steer Loaders
14 Small, 1250 Ib Class Future Case 1840 $15,741
15 Medium, 1500 Ib Class New Holland New Holland lS-160 $ 14,693
16 large, 2100 Ib Class New Holland New Holland l5-180 $ 18,903
Wheel Loaders
17 Small, 16,000 Ib, 1.75 cu yd Class Continental Komatsu WA120-1 $ 63,514
18 Medium, 24,000 Ib, 2.5 cu yd Class Con-Equip Hyundai Hl740,.3 $ 69,575
19 large, 37,000 Ib, 4.0 cu yd Class Con-Equip Hyundai Hl760 $ 109,145
http://www,hgac,cog,tx,us/cooppurch/earth-mo.htm
10/12/2000
Earth-Moving Equipment e
e
Page 3 of3
.' -
Administrative Fee Schedule
Table B
"Ambulances, Fire Apparatus, Earth-Moving Equipment, Med/Hvy Truck Cabs/Chassis/Bodies & Service Equipr
Hoists, Sweepers, Dumps, Stake-Platforms, Sewer Cleaners, Refuse Collection, and Container Lifters"
chase Order Total
to $100,000
,001 to $200,000
200,001 to $300,000
$300,001 to $400,000
$400,001 to $500,000
$500,001 or more
Amount of Fee
1.85%
$1,650 plus 1.25% on amount over $1 00,000
$2,900 plus 1,00% on amount over $200,000
,900 plus 0.75% on amount over $300,000
,650 plus 0.85% on amount over $400,000
,300 plus 0.60% on amount over $500,000
Back to Top
http://www .hgac.cog, tx, US/ cooppurch/ earth -mo .htm
10/12/2000
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By: Steve Gillett
Appropriation
Source of Funds: General Fund
Department:
Public Works
Account Number: 001-7071-531-2007
Report: ~Resolution: _Ordinance: _ Amount Budgeted: $30,000.00
Exhibits: Bid from Vopak for Permanone 31-66 Amount Requested: $26,040,00
Exhibits: Letter of Sole Source Notification Budge ed Item: X YES NO
Exhibits:
SUMMARY & RECOMMENDATION
Permanone 31-66 is a chemical used in our Mosquito Control program. This chemical has proven to be effective in
our mosquito spraying activities. Scourge is another chemical we have used in the past with good results; however,
we try to periodically change chemicals to prevent the possibility of the insects developing an immunity or
resistance to a chemical over time. Permanone 31-66 is only available from V opak, a division of Van Waters &
Rogers, Inc. The aerosol agent used in the spraying process is Sunpar Mineral Oil.
Staff recommends declaration ofVopak as the sole source supplier and award the bid for the annual supply of
Permanone 31-66. Using estimated yearly quantities, this cost of the mosquito control chemical would be
$23,400.00 and the cost of the mineral oil would be $2,640.00 for a total cost of $26,040.00. Adequate funds for
this purchase were budgeted in the Streets Division 2000/01 Operating Budget.
Action Required bv Council: Declare Vopak a sole source supplier of Perman one 31-66 and award
bid for the purchase of Permanone and the Sun par Mineral Oil in a total amount of $26,040,00
Approved for City Council Ae:enda
G?~ T. \\~
Robert T. Herrera, City Manager
L( -S-()~
Date
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A Texas Family Since 1712
Angel and Linda Garcia
*Fami1y Research and Special Projects*
713-643-1195
www.seguinfamilyhistory.com
eseguin Family Historical
Socie
bert Seguin Carvajal Gonzale:
I
eguin Family Historical Society
2314 Fourth Street North
Texas City, TX 77590-6004
409-948-4094 or PhonelFax 409-948-6696
e-mail: aseguin2@ao1.com
www.seguinfamilyhistory.com
5731 Gulf Freeway
Houston, Texas 77023
Office:
Pager:
Fax:
(713) 928-5211
(713) 765-4424
(713) 924-9111
BENNY MARTINEZ
Realtor-Associate
CARLOS GARCIA REAL T
"Serving Greater Houston Since 1972"
The Seguin Family Historical Society
The Sons of the Republic of Texas
Canary Islanders Association
Seguin Island Lighthouse Association
Founder
Member of
/-?Ct?- 3 90( - 3tf /~ /?'
Albert Seguin Carvajal GOD
2314 Fourth Street North
Texas City, TX 77590-6004
409-948-4094 or Phone/Fax 409-948-6696
e-mail:aseguin2@aol.com
http://seguin.simplenet.com/awebpage.html
-,- - --
e e
MEETING HANDOUTS
- -.
04/03/2001 03:55pm 4liom:ANGEL
& LINDA
GARC I Ae
Page 001 of 004
04/03/2001 03:57pm
From:ANGEL
e
&
LINDA
GARCIAe
Page 002 of 004
04/03/2001 03:59pm
10m: ANGEL
&
LINDA
GARCIAe
Page 003 of 004
04/03/2001 04:01pm
10m: ANGEL
&
LINDA
GARCIA
e
Page 004 of 004
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When we begin to think about who are the great leaders of our state and country, we begin to
realize that these men and women possess certain qualities that help define them as great leaders.
We have often used public buildings, streets, highways, and other historical landmarks to
recognize these great people by giving them the name of the leader. When we name these sites,
we pass down from generation to generation the name of someone that was considered famous
by doing great deeds in service to his fellow man. We need to remember people who were great,
that served their county, that embodied the leadership and democratic ideals our forefathers had
when they founded and fought for this great State of Texas. We need to remember people who
have served their country, both in military and civilian life, people with valor in the face of fear,
people that stood up for freedom, and valued justice and equality among all men. My fellow
Texans, Juan Nepomuceno Seguin was one such person. Juan Seguin lived his life in public
service to Texas and fought for the freedoms we as Texans enjoy today. Juan Seguin fought at
the Battle of San Jacinto right along side Sam Houston. What better way could we think of to
remember such a person than to name State Highway 225 that leads to the site of the Battle of
San Jacinto in memory of him? Here is an account of his public life:
.:. Born in San Antonio on October 27, 1806
.:. Seguin began his long career of public service at an early age. He helped his mother run his
father's post office while the latter served in Congress in 1823-24.
.:. Seguin's election as alderman in December 1828 demonstrated his great potential.
.:. He subsequently served on various electoral boards before being elected alcalde in December
1833.
.:. He acted for most of 1834 as political chief of the Department of Bexar, after the previous
chief became ill and retired.
.:. After the battle of Gonzales in October 1835, Stephen F. Austin granted a captain's
commission to Seguin, who raised a company of thirty-seven. All of these men of Seguin's
Company, had joined the Texan cause through his influence.
.:. On December 5, 1835 Seguin's company participated in the assault on Gen. Martin Perfecto
de Cos's army at San Antonio
.:. Seguin entered the Alamo with the other Texan military when Antonio Lopez de Santa
Anna's army arrived, but was sent out by Travis to obtain help from Goliad. Seven of his
company fell at the Alamo.
.:. Upon reaching Gonzales he organized a company that functioned as the rear guard of Sam
Houston's army, was the only Tejano unit to fight at the battle of San Jacinto, and afterward
observed the Mexican army's retreat.
.:. Captain Seguin served gallantly at San Jacinto in the rank of Captain and was later promoted
to Colonel being in command of a regiment
.:. Seguin accepted the Mexican surrender of San Antonio on June 4, 1836, and served as the
city's military commander through the fall of 1837; during this time he directed burial
services for the remains of the Alamo dead.
.:. He resigned his commission upon election to the Texas Senate at the end ofthe year
.:. Seguin, the only Mexican Texan in the Senate of the republic, served in the Second, Third,
and Fourth Congress
.:. In the Senate, he served on the Committee of Claims and Accounts and was chairman of the
Committee on Military Affairs.
.:. In 1840, he was elected Mayor of San Antonio & reelected in 1841.
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.:. During the l850s he became a Bexar County constable and an election-precinct chairman
.:. At the end ofthe l860s, had a brief tenure as Wilson county judge
To Juan Seguin fell the honor of burying the remains of the heroes of the Alamo. I would like to
quote a small passage that he wrote at that time:
"Comrades in arms: These remains which we have had the honor of carrying on our shoulders
are the ones of the brave heroes who died in the Alamo. Yes, my friends, they preferred a
thousand deaths rather than surrender or serve the yoke of the tyrant. What a brilliant example.
Worthy indeed of being recorded in the pages of history. The genius of liberty seems to be
witnessing from its high throne, from whence with praising look points out the deed saying:
"Here you have your brothers, Travis, Bowie, Crockett and a few others whose valor, places
them in the number of my heroes.--- The worthy remains of our venerable companions bearing
witness, I ask you to tell the world, Texas shall be free and independent or we shall perish with
glory in battle."
My fellow Texans, I am asking all of you to join me in recognizing Juan Seguin as a Texan
worth remembering. He was a Texan that fought for his country, willing to put his life on the
line, a Texan that served his country in public office, and a Texan that fought for liberty, justice
and freedom for all. By naming State Highway 225 in his memory, we will be honoring a great
person that we can all look up to with respect and pride.
Thank you for giving me this opportunity to share this great Texan with you.
03/19/2001 05:42pm
From:ANGEL
&
LINDA
GARCIA
Page 004 of 004
e
.
CtTV MANAGER'S
OFFICE
\:;:,
.^
03/19/2001 05:40pm
F.:ANGEL
&
LINDA
GARCIA
.
Page 003 of 004
03/19/2001 05:37pm
From:ANGEL
e
8,
LINDA
GARCIA
Page 001 of 004
e
03/19/2001 05:38pm F~:ANGEL & LINDA GARCIA'"
Page 002 of 004
JUAN N.
SEGUIN
TEXAS HERO
THE
JUAN N. SEGUIN
PROJECT
Seguin, Texas
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
he 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,
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,
ission Statement
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
over a three-year period, Checks should be
made out to: The Juan Seguin Project.
Vision Statement
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.
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.
The Need
Honor
Juan N. Seguin
to
Testimonials
~ emembering 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,
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 stOI)/ 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
e
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Joerns, John
From:
Sent:
To:
Subject:
Gabe Johnson [GJOHNSO@dot.state.tx.us]
Monday, March OS, 2001 11 :30 AM
Joerns, John
Re: Official name of SH225
I have received notice from Janelle Gbur and Mike Alford that there is no other name for
SH 225.
Gabe
>>> "John Joerns" <joernsj@ci.la-porte.tx.us> 03/02/01 02:49PM >>>
Gabe, we have had a request to name SH225 Col. Seguin Hwy. Some of our
citizens think the current official name is La Porte Frwy. others Blue Star
Hwy. Who in TxDOT would we talk with to get the official name of SH225? If
you can give me a name or department I would appreciate it--John Joerns.
10" ?J/f 1/
'( ) ? 10\
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CITY OF LA PORTE
PHONE(713)471-5020 . P.O.8oXlI15 . LAPORTE. TEXAS 77571
February 27, 2001
To: Bob Herrera
From: Guy Sutherland
Re: Renaming SH225
I read the information on Col. Seguin with great interest since it contained a lot more detail
than I was familiar with and I have a long term interest in history. There is no doubt his
name is worthy of honor and respect.
I am neutral on applying his name to SH225 and feel that it would be more appropriate to
do it in the San Antonio area. However, there is no reason to not do it. I have no doubt the
route will continue to go by its number as Lloyd Bentsen Highway (Highway 59) and the
numerous Martin Luther King Streets (MLK) do. The only real change will be a dedication
speech and a few more signs.
If they do it, I would like to see appropriate signage also erected indicating the Laporte city
limits and Underwood Road locations. They would help the tourists.
I'm with the Council, whatever they decide.
(,~' -I".::,.~.l"t- ..-:.r:.,';) ;: .~. ;'.:.' ...._,~~;;...,',..Q.;;..:r s:,-.\~. ";'.:.1-- '.-. ....' .:,:,.':' .::"
',.
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' FE B 2 7 2001
CITY MANAGER'S
OFFICE
, ..
I
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"I"
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By
B.
No.
A BII~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 HighwaY7
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
1
. e
TEJANO ASSOCIATION FOR HISTORICAL 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 I, 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 ht
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 Texacs.
His loyalty to Texas never faltered. He declared at the beginning of the Texas Revolution,
"T exas 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~J1Aj C . ~d:;
Benny C. Martinez, President, Tejano Association for Historical Preservation
P. O. Box 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 oelieved in freedoms that we enioy today and rreedoms we
so often take for ~anted. They were people wl10 were fair-minded and
regarded their families, and fellow counfrymen 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 ffidependence. Early on he
sensed the threat of tyranny when the Mexican Constitution of 1824 was
disregarded which, among other stipulations,.,granted all citizens and
subjects of Mexico their Basic human rights. fii 1835, Juan N. Seguin
sought to convene the first revolutionary meetin~ in protest of the
devastating demands and actions of Santa Anna s government. Juan
Segqin 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 contributions 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 ol'the contributions ofTejanos, and the' risks they faced.
During the fight for independencetboth Anglos and Tejanos fought
equalIY hard ~gainst the tyranny 0 Santa Alina, who was open~
violatIon the Mexican Constitution of 1824. However, if tne fi t for
independence had been unsuccessful, some of the Anglos coul 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 Spanish liornTe.iano who
risked his-hfe and prQP'ertv, not to support any particular culture, but to
do what was rig!lt anajusf. 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 Texas.
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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~penaence. His entire career of
Commerce, civic and mili!mY readership was closely associated with the
deeds of that struggle 1833 - - Juan SegQin's business ability emerg~d
early in his 26th year when he obtained the "headright" to tlie landthat
later became the site for the City of Galveston, Texas. Juan's political
and militatY 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 fIrst 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" (cavahy) 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 Se~in was an elected member of the
Senate of the Republic ofTexas'2D , 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 Seggin' 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 inglorious 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 inyo~ 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 Augpst 27, 1889 in Nuevo Laredo,
Mexico where one of his sons haa served as Mayor. The remains of
Colonef Se~uin were returned to his beloved Texas to his namesake City
of Seguin tor re-burial and long overdue honors durin~ dedication
ceremQni~s of his tomb on July 4, 1976 by the Seguin--:Bicentennial
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 inherited his love for Texas Independence as a family
tradition. Seguin Family members were amon~fhe original settlers to
arrive and buTId some of the earlier villaKes in 'Texas starting as early as
1722. The original Sezuins during the 161h" century had migrated from
Gevauden France to New Spain In the Western Hemi~phere.
Santiago Seguin, Juan's Grandfather, in 1778 suppliedlTexas beef to the
Spanisl1 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 Postmasler 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 Augustma 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
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Linda Garcia
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713-643-1195
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CITY COUNCIL
WAYNE RIDDLE, MAYOR
COUNCIL MEMBERS
CHARLES GARRISON
710 E. San Augustine' P. D. Box 700. Deer Park, Texas 77536 . (281) 479-2394 . Fax (281) 478-7217 BRIAN BARRY
www.ci.deer-park.tx.us DENTON McDUGLE
BILL BROWN
DIANNA TAYLOR
DEAN LAWTHER
March 7, 2001
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Mayor Norman Malone
City of LaPorte
604 West Fairmont Parkway
LaPorte, Texas 77571
RE: Renaming State Highway 225
Dear Mayor Malone:
The City of Deer Park approved Resolution No. 2001-04 on March 6,2001 recommending to the
appropriate State and County officials that State Highway 225 be renamed "The Texas Independence
Highway".
If you have any questions, please contact my office at 281.478.7241.
\...
Sincerely,
/JJ:ufYU Je'd ih-J
Wayne Riddle
Mayor
Enclosure
"QUALITY FIRST TIME EVERY TIME"
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RESOLUTION NO. JOO/ - 04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEER PARK TO
RECOMMEND TO THE APPROPRIATE STATE AND COUNTY OFFICIALS TO
RENAME STATE HIGHWAY 225 THE TEXAS INDEPENDENCE HIGHWAY.
WHEREAS, the battle at the San Jacinto Monument was the decisive battle in
the Texas War Of Independence with Mexico; and
WHEREAS, State Highway 225 is the main access highway to the San Jacinto
battleground area; and
WHEREAS, for the above stated reason, the City Council of Deer Park believes
it would be appropriate to rename State Highway 225 to the "Texas Independence
Highway".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DEER PARK, TEXAS, THE FOLLOWING:
1. The City Council of the City of Deer Park finds that the above findings are
true and correct and adopts the same.
2. The City Council of the City of Deer Park recommends to the appropriate
State and County Officials to rename State Highway 225 to the "Texas
Independence Highway".
3. This Resolution was considered and passed by the City Council of the City
of Deer Park in an open meeting in accordance with Chapter 551 of the
Government Code of the State of Texas.
ltYcPASSEP AND APPROVED by the City of Deer Park, Texas on ~his
I'J../vcJJ ,2001 .
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ITY SECRETARY
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RESOLUTION NO. JO?/ ~ 04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEER PARK TO
RECOMMEND TO THE APPROPRIATE 9T A TE AND COUNTY OFFICIALS TO
RENAME STATE HIGHWAY 225 THE TEXAS INDEPENDENCE HIGHWAY.
WHEREAS, the battle at the San Jacinto Monument was the decisive battle in
the Texas War Of Independence with Mexico; and
WHEREAS, State Highway 225 is the main access highway to the San Jacinto
battleground area; and
WHEREAS, for the above stated reason, the City Council of Deer Park believes
it would be appropriate to rename State Highway 225 to the "Texas Independence
Highway".
NOW THEREFORE, BE IT RESOlveD BY THE CITY COUNCil OF THE CITY
OF DEER PARK, TEXAS, THE FOLLOWING:
1. The City Council of the City of Deer Park finds that the above findings are
true and correct and adopts the same.
2. The City Council of the City of Deer Park recommends to the appropriate
State and County Officials to rename State Highway 225 to the "T ex as
Independence Highway".
3. This Resolution was considered and passed by the City Council of the City
of Deer Park in an open meeting in accordance with Chapter 551 of the
Government Code of the State of Texas.
lrrc. ~ND APPROVED by the City of Deer Park, Texas on this
,2001.
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ITV SECRETARY
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