HomeMy WebLinkAbout2006-12-11 Regular Meeting, Public Hearing and WorkshopMeeting
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MINUTES OF REGULAR MEETING, PUBLIC HEARING AND WORKSHOP MEETING
OF THE LA PORTE CITY COUNCIL
December 11, 2006
* Items changed at meeting are italicized.
1. CALL TO ORDER
The meeting was called to order by Mayor Alton Porter at 6:00 p.m.
Members of City Council Present: Mayor Alton Porter, Council members Tommy Moser,
Peter Griffiths, Mike Clausen, Mike Mosteit, Louis Rigby, Howard Ebow, and Chuck
Engelken. Mr. Griffiths arrived at 8:30 p.m.
Members of Council Absent: Barry Beasley
Members of City Executive Staff and City Employees Present: Interim City Manager John
Joerns, Assistant City Attorney Clark Askins, Planning Director Wayne Sabo, City
Consultant/Advisor Debra Feazelle, Assistant City Secretary Sharon Harris, Police Chief
Richard Reff, Human Resources Manager Robert Swanagan, Interim Finance Director
Michael Dolby, City Engineer Rodney Slaton, Assistant Public Works Director Don Pennell,
Patrol Lieutenant Carl Crisp, Public Works Director Steve Gillett, Patrol Sergeant Matt
Daeumer, Special Operations Officer Kelly Green, Fire Chief Mike Boaze, Human Resource
Specialist III Nicole Hatter, Buyer Cherell Daeumer, Patrol Officer Matt Novosad, GIS
Technician Isaac Rodriguez, Downtown Revitalization Coordinator Debra Dye Parks and
Recreation Director Stephen Barr, Emergency Management Coordinator Jeff Suggs,
Purchasing Manager Susan Kelley, Richard Ayers, and numerous police officers and
firefighters.
Others Present: John Handy with the Houston Chronicle, Neal We1ch, Paul Dawson, Paul
Chavez, Landis Thompson, Elmer Diaz, Ken Ural, Bobby Grisham, Dennis Arocho, Claudia
and Bob Rodgers, Gilbert Duran Jr., Sara Travers, Michael Evans, David Janda, Estevan
Campson, Ernest Ramos, Monique Moser, Nina Garza, Shelbie Gabrilska, Nathan Bretting,
Dan Chappell, and other citizens.
2. Reverend Dan Chappell of Fairmont Park Baptist Church delivered the Invocation.
3. Mayor Porter led the Pledge of Allegiance.
4. PRESENT A TrONS I PROCLAMATIONS
Mayor Porter presented a proclamation to Debbie Rhin-Harvey.
5. Consent Agenda
A. Consider approving Minutes of the Special Called Meeting, Public Hearing and
Workshop Meeting of La Porte City Council held on November 6, 2006.
B. Council to consider approval or other action regarding award of a mobile
performance platform to Century Industries, Inc. for its TXMAS bid in the amount
of$52,161.00 using $50, 000.00 from the account set up for its purchase, and the
remaining $2,161.00 from 015 contingency funds.
Regular Meeting, Public Hearing and Workshop Meeting -December 11, 2006
Page 2
C. Council to consider approval or other action regarding award of BID # 07002 for
gasoline and diesel fuel, for an estimated annual cost of$443,500.00 This contract is
for two (2) years with two additional one (1) year optional renewal periods.
D. Council to consider approval or other action regarding accepting grant award from
the Texas Forest Service for protective equipment.
E. Council to consider approval or other action regarding authorizing the City Manager
to execute a contract with R.L. Utilities, Inc. for the Lift Station No. 40 force main
replacement from West Taylor Bayou to SH 146 in the amount of$198,812.00 plus
a contingency of$ 15,000.00
F. Council to consider approval or other action regarding approval to purchase
replacement AFIS machine (Motorola Printrak LiveScan Station Ruggedized (LSS-
R) TenprintlPalmprint).
G. Council to consider approval or other action regarding utilization of inter local
agreement and expenditure of computer funds through State of Texas Department of
Information Resources.
H. Council to consider approval or other action regarding amending Chapter 70 of the
Code of Ordinances establishing presumption as to operator of illegally parked
vehicles.
1. Council to consider approval or other action regarding an ordinance amending
Chapter 14, "Animals", Article 1, "In General", of the Code of Ordinances ofthe
City requiring the owner or custodian of an animal to dispose of animal excreta
deposited on public property or private property not under control.
J. Council to consider approval or other action regarding an ordinance (2006-2918-B)
amending Fiscal Year 2006-07 Budget.
Items B, D, E, G, H, I, and J were pulled for discussion.
Motion was made by Council member Moser to approve the consent agenda items as
presented. Second by Council member Ebow. Motion carried.
Councilman Rigby commented on item I, he did not feel ordinances should be adopted if
they were not going to be completely enforced and he was not convinced that item I
would be totally enforced.
Councilman Engelken requested Staff notify citizens of items H and I by all
communicating measures within the city.
Ayes: Mosteit, Moser, Engelken, Ebow, Clausen, Rigby, and Porter.
Nays: None
Abstain: None.
6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX
P AYERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE
AGENDA.
Regular Meeting, Public Hearing and Workshop Meeting -December 11, 2006
Page 3
Michael Solomon Evans Jr. - 10929 Dogwood Dr. La Porte, Texas addressed Council on
the effectiveness of the T.R.U.T.H. Organization at La Porte High School and asked for the
continued support of the city.
Shelbie Gabrilska - 10927 North L. La Porte, Texas addressed Council with concerns of the
October 16, 2006 flooding that resulted in water in home in Lomax. Ms. Gabrilska requested
a contact person to help with the flooding in the Lomax community.
Nathan Bretting - 11127 Skyview La Porte, Texas informed Council he has been working
with Harris County Flood Control since May 2005. He informed Council Harris County has
been working unsuccessfully on Phase 1 of a project to prevent flooding and had photos
available for Council to view. Mr. Bretting requested the city assist with the project to
prevent the flooding.
Nelly Rivera - 10930 North L. La Porte, Texas was not present to speak.
Matt Daeumer - 4929 Archway Dr. La Porte, Texas - expressed his appreciation for not
having insurance rates increased for the year. Mr. Daeumer informed Council of concerns of
not seeing results of the Mercer Study and Benefits Survey.
7. Public Hearing - Council to consider approval or other action on recommendation by
Planning & Zoning Commission to adopt design and architectural standards for new
construction along major thoroughfares in GC and BI zoning districts.
Open Public Hearing - Mayor Porter opened the Public Hearing at 6:32 p.m.
Director of Planning Wayne Sabo presented summary and recommendation and answered
Council's questions.
Public Input: None
The Public Hearing was closed at 6:40 p.m.
Recommendation of Planning and Zoning Commission - Planning and Zoning Commission
recommended City Council adopt the design and architectural standards for new
construction along major thoroughfares in GC and BI zoning districts
8. Council to consider approval or other action regarding Ordinance 1501-K5
Assistant City Attorney Clark Askins read: Ordinance 1501-K5- CONSIDER APPROVAL
OR OTHER ACTION REGARDING AN ORDINANCE AMENDING CHAPTER 106,
"ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY
AMENDING DIVISION 3, "COMMERCIAL DISTRICT REGULATIONS",
SUBDIVISION 1, "GENERALLY", SECTION 106-443, TABLE B, "COMMERCIAL
AREA REQUIREMENTS", BY ADDING FOOTNOTE 8, PERTAINING TO EXTERIOR
BUILDING DESIGN STANDARDS FOR STRUCTURES LOCATED ALONG MAJOR
THOROUGHF ARES IN COMMERCIAL ZONING DISTRICTS; AND BY AMENDING
DIVISION 4, "INDUSTRIAL DISTRICT REGULATIONS", SUBDIVISION 1,
"GENERALLY", SECTION 106-522, TABLE B, "INDUSTRIAL AREA
REQUIREMENTS", BY ADDING FOOTNOTE 10, PERTAINING TO EXTERIOR
BUILDING DESIGN ST ANDARDS FOR STRUCTURES LOCATED ALONG MAJOR
THOROUGHFARES IN BUSINESS INDUSTRIAL ZONING DISTRICTS MAKING
Regular Meeting, Public Hearing and Workshop Meeting -December 11, 2006
Page 4
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 Council member Ebow to approve Ordinance 1501-K5 as
recommended by Planning and Zoning Commission. Second by Council member Clausen.
The motion carried.
Ayes: Mosteit, Engelken, Rigby, Ebow, Clausen, and Mayor.
Nays: Moser
Abstain: None
9. Public Hearing - Council to consider approval or other action on recommendation by
Planning & Zoning Commission approve Rezone Request # R06-003, for TRS 692C, 693B,
706, and 707, La Porte Outlots, rezoned from Medium Density Residential (R-2) to General
Commercial (GC).
Open Public Hearing - Mayor Porter opened the Public Hearing at 6:43 p.rn.
Director of Planning Wayne Sabo presented summary and recommendation and answered
Council's questions.
Public Input:
Claudia Rogers - 9221 Barton Ct. La Porte, Texas - spoke in opposition to the rezone
request but was pleased the city would build a park on Canada Road. Ms. Rogers thanked
Mr. Engelken for informing the community of the advantages but still opposes the rezone.
Bobby Grisham - 4650 Center St. Deer Park, Texas - spoke in favor of the Rezone Request
and supports the Buxton Study/commercial development on Canada Road.
Paul Dawson - 1106 Angela Deer Park, Texas - spoke in favor of the Rezone Request and
supports the commercial development.
Gilbert Duran - 9225 Barton Ct. La Porte, Texas- spoke in opposition to the rezone request
and was concerned with the traffic the development would create in the area. Mr. Duran also
informed Council there would have been more signatures on the petition if more time was
allowed.
Sandi Paulus - 9225 San Saba Ct. La Porte, Texas - spoke in opposition to the rezone
request due to noise pollution it would create once the trees are removed for the
development. Ms. Paulus asked Council to place the park near the homes.
Douglas Paul- 9218 Barton Ct. La Porte, Texas - spoke in opposition due to the
traffic/noise the development would create.
Estevan Campos - 9204 Tejas - La Porte, Texas - addressed council about possibly
changing the design and placing the park closer to the neighborhood.
Elizabeth Auterson - 3729 Choctaw Dr. La Porte, Texas - spoke in opposition to the rezone
request. Ms. Auterson was concerned she did not receive a notice of the proposed
development.
Regular Meeting, Public Hearing and Workshop Meeting -December 11, 2006
Page 5
Misty Paul- 9218 Barton Ct. La Porte, Texas - spoke in opposition to the rezone request.
Ms. Paul had concerns with the traffic the development would create.
Bob Rogers - 9221 Barton Rogers La Porte, Texas spoke in opposition to the rezone request.
Kevin Scherm - 9218 San Saba - La Porte, Texas informed Council he did not receive
notice of the development and he was in favor of changing the design.
The Public Hearing was closed at 7:21 p.m.
Recommendation of Planning and Zoning Commission - Planning and Zoning Commission
recommended City Council approval of Rezone Request # R06-003.
10. Council to consider approval or other action regarding Ordinance l50l-L5
Assistant City Attorney Clark Askins read: Ordinance l50l-L5- CONSIDER APPROVAL
OR OTHER ACTION REGARDING AN ORDINANCE AMENDING CHAPTER 106,
"ZONING" OF THE CODE OF ORDINANCE OF THE CITY OF LA PORTE, BY
CHANGING THE ZONING CLASSIFICATION FROM MEDIUM DENSITY
RESIDENTIAL TO GENERAL COMMERCIAL, AS REQUESTED FOR TRS 692C,
693B, 706, AND 707 LA PORTE OUTLOTS, LOCATED ALONG CANADA ROAD
NORTH OF FAIRMONT PARKWAY HEREIN DESCRIBED; MAKING CERTAIN
FINDINGS OF F ACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made bv Council member Clausen to approve Ordinance l50l-L5 as
recommended by Planning and Zoning Commission. Second by Council member Ebow.
The motion carried.
Ayes: Mosteit, Ebow, Clausen, and Mayor.
Nays: Moser, Engelken, Rigby
Abstain: None
11. Public Hearing - Council to consider approval or other action on recommendation by
Planning & Zoning Commission to approve Special Conditional Use Permit #SCU06-007
for a 10.115 acre tract being Reserve G2 out of :1:207 acres of land located along Old
Underwood Road south of State Highway 225 and Union Pacific Railroad.
Open Public Hearing - Mayor Porter opened the Public Hearing at 7:35 p.m.
Director of Planning Wayne Sabo presented summary and recommendation and answered
Council's questions.
Public Input: None
The Public Hearing was closed at 7:39 p.m.
Recommendation of Planning and Zoning Commission - Planning and Zoning Commission
recommended City Council consider approval of Special Conditional Use Permit #SCU 06-
007 with the conditions as listed in the SCUP.
Regular Meeting, Public Hearing and Workshop Meeting -December 11, 2006
Page 6
12. Council to consider approval or other action regarding Ordinance 1501-M5
Assistant City Attorney Clark Askins read: Ordinance 1501-M5- CONSIDER APPROVAL
OR OTHER ACTION REGARDING AN ORDINANCE AMENDING CHAPTER 106,
"ZONING" OF THE CODE OF ORDINANCE OF THE CITY OF LA PORTE, BY
GRANTING A SPECIAL CONDITIONAL USE PERMIT # SCU06-007 FOR THAT
CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT; 10.115 ACRE
TRACT, BEING RESERVE G2, OUT OF :f: 207 ACRES OF LAND (ALONG OLD
UNDERWOOD ROAD SOUTH OF STATE HIGHWAY 225) IN THE ENOCH BRINSON
SURVEY, ABSTRACT - 5, LA PORTE HARRIS COUNTY, TEXAS FOR THE
PURPOSE OF DEVELOPING OFFICE/WAREHOUSE FACILITY FOR FREEZER
COMP ANY IN A PLANNED UNIT DEVELOPMENT (PUD) ZONE 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 Council member Mosteit to approve Ordinance 1501-M5 as
recommended by Planning and Zoning Commission. Second by Council member Moser.
The motion carried.
Ayes: Mosteit, Engelken, Rigby, Moser, Ebow, Clausen, and Mayor.
Nays: None
Abstain: None
13. Council to consider approval or other action regarding an ordinance to allow joint venture
agreement with Frontier Logistics, the Port of Houston and the City to construct and
maintain a temporary road along the 4th and N. H Street ROWs for ingress and egress for
trucks servicing Port activities.
Planning Director Wayne Sabo presented summary and recommendation and answered
Council's questions.
Assistant City Attorney Clark Askins read: ORDINANCE 2961 -AN ORDINANCE
APPROVING AND AUTHORIZING A JOINT VENTURE AGREEMENT AMONG THE
CITY OF LA PORTE, THE PORT OF HOUSTON AUTHORITY, AND FRONTIER
LOGISTICS, L.P., FOR CONSTRUCTION AND MAINTENANCE OF A TEMPORARY
ROAD ON 4TH STREET AND H STREET RIGHTS-OF-WAY, BETWEEN BARBOUR'S
CUT BOULEVARD AND NORTH BROADWAY STREET MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made by Council member Rigby to approve Ordinance 2961 as presented by
Mr. Sabo. Second by Council member Ebow. The motion carried
Ayes: Mosteit, Moser, Engelken, Ebow, Clausen, Rigby and Porter.
Nays: None
Abstain: None.
14. Council to consider approval or other action regarding an ordinance to allow an interlocal
agreement with the Port of Houston to construct and maintain a temporary road along the J
Street ROW for ingress and egress for trucks servicing Port activities
Regular Meeting, Public Hearing and Workshop Meeting -December 11, 2006
Page 7
Planning Director Wayne Sabo presented summary and recommendation and answered
Council's questions.
Assistant City Attorney Clark Askins read: ORDINANCE 2962 -AN ORDINANCE
APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE
CITY OF LA PORTE AND THE PORT OF HOUSTON AUTHORITY, FOR
CONSTRUCTION AND MAINTENANCE OF A TEMPORARY ROAD ON NORTH
AVENUE J RIGHT-OF-WAY, FROM HIGHWAY 146 TO NORTH 6TH STREET MAKING
VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE
DATE HEREOF.
Motion was made by Council member Ebow to approve Ordinance 2962 as presented by Mr.
Sabo. Second by Council member Moser. The motion carried
Ayes: Mosteit, Moser, Engelken, Ebow, Clausen, Rigby and Porter.
Nays: None
Abstain: None.
15. Council to consider approval or other action regarding an ordinance authorizing (PID)
Development Agreement between City of La Porte and 65 La Porte, LTD.
Interim City Manager John Joerns presented summary and recommendation and answered
Council's questions.
Assistant City Attorney Clark Askins read: ORDINANCE 2963 -AN ORDINANCE
APPROVING AND AUTHORIZING A DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF LA PORTE, TEXAS AND 65 LA PORTE, L TD; MAKING
VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE
DATE HEREOF.
Motion was made by Council member Rigby to approve Ordinance 2963 as presented by
Mr. Joerns. Second by Council member Engelken. The motion carried
Ayes: Mosteit, Moser, Engelken, Ebow, Clausen, Rigby and Porter.
Nays: None
Abstain: None.
16. Council to consider approval or other action between the La Porte Development Corporation
and Consultivo Group LLC and expenditure of Corporation funds not to exceed $75, 000.00
to fund said agreement.
Consideration of the item was not necessary due to there being a quorum of City Council at
the Joint City Council/La Porte Development Corporation and City Council approving this
item at the Joint Meeting.
17. Council to consider approval or other action regarding an agreement with Bay Area Houston
Economic Partnership to provide economic development services.
Regular Meeting, Public Hearing and Workshop Meeting -December 11, 2006
Page 8
Motion was made by Council member Clausen to apl'rove agreement as presented by Mr.
Joems. Second by Council member Engelken. The motion carried
Ayes: Mosteit, Moser, Engelken, Ebow, Clausen, Rigby and Porter.
Nays: None
Abstain: None.
18. Council to consider approval or other action regarding an ordinance appointing an Ad Hoc
Committee for Proposed Bond Referendum.
Interim City Manager John Joerns presented summary and recommendation and answered
Council's questions.
Motion was made by Council member Rigby to table ordinance 2957 as presented by Mr.
Joerns. Second by Council member Ebow. The motion carried
Ayes: Mosteit, Moser, Engelken, Ebow, Clausen, Rigby and Porter.
Nays: None
The agenda was taken out of order as follows
24. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS
LAW, CHAPTER 551, SECTIONS 551.071 THROUGH 551.076, AND SECTIONS
551.087, TEXAS GOVERNMENT CODE, (CONSULTATION WITH ATTORNEY,
DELIBERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING
PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, DELIBERATION
REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING
EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION, DELIBERATION
REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS)
A. SECTION - 551.072 (PROPERTY SALE OR EXCHANGE) MEET WITH CITY
CONSULTANT/ADVISOR, INTERIM CITY
MANAGER, MAIN STREET
COORDINATOR, AND CITY ATTORNEY
REGARDING A PROJECT ON SALE OR
EXCHANGE OF PROPERTY FOR MAIN
STREET DEVELOPMENT
MEET WITH CITY
CONSULTANT/ADVISOR,
INTERIM CITY MANAGER
AND CITY ATTORNEY TO DISCUSS
FLANAGAN SHIPPING LEASE
C. SECTION - 551.071 - (POTENTIAL OR PENDING LITIGATION) MEET WITH INTERIM CITY MANAGER
AND CITY ATTORNEY TO DISCUSS
CITY CONTRACT WITH HUMANA CO.
B. SEC. 551.071- (POTENTIAL OR PENDING LITIGATION)
D. SECTION - 551.071- (POTENTIAL OR PENDING LITIGATION) MEET WITH CITY ATTORNEY AND
INTERIM CITY MANAGER TO
DISCUSS POSSIBLE BREACH OF
CITY CONTRACT WITH MERCER
GROUP, INC. FOR COMPENSATION
STUDY
Regular Meeting, Public Hearing and Workshop Meeting -December 11,2006
Page 9
E. SECTION - 551.074 - (PERSONNEL MATTER)
MEET TO DISCUSS INTERVIEW OF CITY
MANAGER CANDIDATE AND
RECRUITING PROCESS FOR POSITION
OF CITY MANAGER
Council retired to Executive Session at 8:01 p.m. and returned to the Regular Meeting and
reconvened at 9:45 p.m.
25. CONSIDERATIONS AND POSSIBLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION
Motion was made by Council member Engelken to sign and send formal letter to Mercer
Group as discussed in Executive Session. Second bv Council member Griffiths. The motion
carried.
Ayes: Mosteit, Moser, Engelken, Ebow, Griffiths, Clausen, Rigby and Porter.
Nays: None
Councilman Griffiths joined the meeting during Executive Session at 8:35 p.m.
19. Close Regular Meeting and Open Workshop at 9:47 p.m.
20. Workshop Items
A. Building Official Debbie Wilmore discussed accepting Building Codes Appeals Boards
recommendations
Council directed staff to bring back an ordinance for consideration at the next Council
Meeting.
B. Council tabled discussion of Foreign Trade Zone until the January 8, 2007 or a future
City Council Meeting.
C. Parks and Recreation Stephen Barr and Ken Ural President of the La Porte Boys
Baseball Association discussed the Joint Venture Sports Complex with City of Pasadena.
Council directed staff to move forward.
Councilman Engelken informed Staff he supports the concept but not the design due to
the traffic the design would create.
21. Closed the Workshop meeting and reconvened Regular Meeting at 10:18 p.m.
22. Administrative Reports
Interim City Manager John Joerns reminded council Sylvia Garcia's Open House December
12,20064:00 p.m.-6:00 p.m. at Kyle Chapman Annex, the Bay Area Houston Economic
Partnership Holiday Party December 13, 2006 4:30 p.rn. - 6:30 p.m. Hilton Houston Nasa
Clear Lake, the City Hall Holiday Luncheon, December 13, 2006 11:30 a.m. - 1:00 p.m. in
the Council Chambers, La Porte Police Department Holiday Luncheon December 15, 2006
Noon - 2:00 p.m. and the Christmas Holidays will be observed December 25-26, 2006.
23. Council Comments
Regular Meeting, Public Hearing and Workshop Meeting -December 11, 2006
Page 10
Moser, Griffiths, Rigby, Ebow, Engelken, Mosteit, Clausen and Porter had comments.
26. There being no further business to come before Council, the Regular Meeting was duly
adjourned at 10:28 p.m.
Res~~tfully submitted, j
(..-7 f IaILlit d~L&tl ~V
Sharon ltarris, fRtfc
Assistant City Secretary
~v~s 8th day of January 200~
Mayor Alton E. Porter
E
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: December 11, 2006
Requested By: Michael Dolby y-
Department: Finance
Appropriation
Source of Funds: N/A
Account Number: N/A
Report:
Resolution:
Ordinance:
x
Amount Budgeted: N/A
Exhibits: Ordinance 2005-2836-F
Amount Requested: N/A
Exhibits: Excerpt from FY 2006 Adopted Budget &
Amended Budl!et (Exhibit A & B)
Budgeted Item: YES
NO
Exhibits: Rxplanlltions
SUMMARY & RECOMMENDATION
The City Council adopted the Fiscal Year 2005-06 Budget on August 22,2005.
The Summary of Funds, which is shown below, represents the amendments which council previously approved to
the FY 2005-06 Budget. (*denotes funds with current changes)
Revised 2006
(Amended wi Proposed
Original Budget FY 2007Budget) Amended Budget
General Fund $ 25,987,077 $ 27,280,748 $ 27,312,748 *
Grant Fund 2,793,931 1,279,794 1,279,794
Hotel/Motel Occupancy Tax 334,280 745,228 745,228
Community Investment 190,000 140,728 140,728
La Porte Development Corporation 740,060 740,060 740,060
Tax Increment Reinvestment Zone 36,000 36,000 36,000
Utility 6,774,071 6,566,704 6,566,704
Sylvan Beach 208,683 248,516 248,516
Airport 241,443 10,043 10,043
La Porte Area Water Authority 1,693,956 1,032,067 1,032,067
Golf Course 1,240,740 1,158,149 1,158,149
Motor Pool 1,661,304 2,397,651 2,397,651
Insurance Fund 4,017,103 4,460,139 4,460,139
Technology Fund 956,611 955,839 955,839
General Capital Improvement 433,500 1,509,497 1,509,497
Utility Capital Improvement 715,000 3,551,579 3,551,579
Sewer Rehabilitation Capital Improvement 330,000 262,643 262,643
Infrastructure Fund 705,000 1,204,600 1,204,600
1998 General Obligation Bond Fund 1,207,639 1,566,623 1,566,623
2000 General Obligation Bond Fund 1,160,000 1,638,036 1,638,036
2002 General Obligation Bond Fund 732,789 320,457 320,457
2004 Certificate of Obligation Bond Fund 10,000 1,008,299 1,008,299
2005 Certificate of Obligation Bond Fund 1,800,000 10,191,600 10,191,600
2005 General Obligation Bond Fund 7,700,000 5,700,000 5,700,000
2006 Certificate of Obligation Bond Fund 1,200,000 1,200,000
2006 General Obligation Bond Fund 449,650 449,650
General Debt Service 2,190,671 2,421,752 2,421,752
Utility Debt Service 381,712 292,712 292,712
La Porte Area Water Authority Debt Service 771,719 771,719 771,719
Total of All Funds $ 65,013,289 $ 79,140,833 $ 79,172,833
Action Required bv Council:
Adopt Ordinance Amending Fiscal Year 2005-06 Budget for $32,000 in the General Fund. The actual expenditures
for the 2006 fiscal year total 27,312,593, which is in excess of the revised budget by $31,845. Therefore, per the
City's Charter and financial policies, the budget must be amended to cover the excess expenditures.
(f7
Date
ORDINANCE NO. 2005-2836-F
AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE,
TEXAS, FOR THE PERIOD OF OCTOBER 1,2005 THROUGH SEPTEMBER 30,2006; FINDING THAT
ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND
PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the Charter of the City of La Porte, Texas, and the Statutes of the State of Texas, require that
an annual budget be prepared and presented to the City Council of the City of La Porte, Texas, prior to the
beginning of the fiscal year of said City, and that a public hearing be held prior to the adoption of said
Budget; and
WHEREAS, the Budget for the fiscal year October 1, 2005, through September 30, 2006, has heretofore
been presented to the City Council and due deliberation had thereon, was filed in the office of the City
Secretary on July 25, 2005, and a public hearing scheduled for August 22, 2005 was duly advertised and
held.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
SECTION 1: That the Budget for the City of La Porte, Texas, now before the said City Council for
consideration, a complete copy of which is on file with the City Secretary and a summary of which is
attached hereto by reference as Exhibit "A", is hereby amended as reflected on the amended budget
summary document, attached hereto by reference as Exhibit "B" as the Budget for the said City of La Porte,
Texas, for the period of October 1,2005, through September 30,2006.
SECTION 2: Be it FURTHER ORDAINED, that the said City Council finds that all things requisite and
necessary to the adoption of said Budget have been performed as required by charter or statute.
SECTION 3: The City Council officially finds, determines, recites and declares that a sufficient written
notice of the date, hour, place and subject of this meeting of the City Council was posted at a place
convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has
been open to the public as required by law at all times during which this Ordinance and the subject matter
thereof has been discussed, considered and formally acted upon. The City Council further ratifies,
approves and confirms such written notice and the contents and posting thereof.
SECTION 4: This Ordinance shall be in effect from and after its passage and approval.
PASSED AND APPROVED this the ~day Of~. 200'
A-TY. OF LA PORTE. TEXAS
\JJ~~X~
Alton Porter, Mayor
ATTEST:
t!/,,~ ~JI;L
Mart a Gillett, City Secretary
APPROVED:
~-r~
Clark Askins, Assistant City Attorney
EXHIBIT A
(ORIGINAL BUDGET)
City of La Porte
Consolidated Summary of All Funds
Working Working
Capita] FY 05-06 FY 05-06 Capita]
09/30/05 Revenues Expenses 09/30106
Governmenta] Fund Types:
Genera] Fund 7,102,252 25,987,077 25,987,077 7,102,252
Grant Fund ],766 2,793,931 2,793,931 ],766
Hote]/Mote] Occupancy Tax 569,749 250,590 334,280 486,059
Community Investment 76,706 135,377 ] 90,000 22,083
Section 4B Sales Tax 3,570,274 ],] 82,890 740,060 4,0]3,]04
Tax Increment Reinvestment ]51,844 43,850 36,000 ]59,694
Tota] Governmenta] Types ] ],472,59] 30,393,7]5 30,08] ,348 ] ],784,958
Enterprise:
Utility 773,358 6,432,721 6,774,07] 432,008
Sylvan Beach ]47,90] 2]0,510 208,683 ]49,728
Airport 299,461 4] ,408 24] ,443 99,426
La Porte Area Water Authority 1,546,358 1,172,713 ] ,693,956 1,025,] ]5
Go]f Course (60,201) ] ,255,635 1,240,740 (45,306)
Tota] Enterprise 2,706,877 9,1] 2,987 ] 0,] 58,893 ],660,97]
Interna] Service
Motor Pool ],769,53] ],85],330 ],66],304 ] ,959,557
Insurance Fund ] ,210,784 3,987,477 4,0]7,103 ],]8],]58
Techno]ogy Fund 66] ,979 986,] 72 956,61 ] 691,540
Tota] Interna] Service 3,642,294 6,824,979 6,635,0] 8 3,832,255
Capita] Improvement:
General 410,84] 28,000 433,500 5,34]
Utility ],]82,] ]5 432,062 715,000 899,]77
Sewer Rehabilitation 24,900 305,] 00 330,000
] 998 GO Bond Fund ],]87,639 20,000 ],207,639
2000 GO Bond Fund 1,252,143 5,000 ],160,000 97,]43
2002 GO Bond Fund 786,637 20,000 732,789 73,848
2004 C/O Bond Fund ],]05,0]2 40,800 10,000 ],]35,8]2
2005 C/O Bond Fund 1,800,000 1,800,000
2005 GO Bond Fund 7,700,000 7,700,000
Other Infrastructure ],068,624 ]7,000 705,000 380,624
Tota] Capita] Improvement 7,017,9] ] ] 0,367,962 ]4,793,928 2,59],945
Debt Service:
Genera] ] ,304,595 2,339,549 2,] 90,671 ],453,473
Utility 38],712 402,562 381,712 402,562
La Porte Area Water Authority 77],7]9 77],719
Total Debt Service ] ,686,307 3,513,830 3,344,102 ] ,856,035
Total All Funds 26,525,980 60,213,473 65,0]3,289 21,726,]64
EXIDBIT B
(AMENDED BUDGET)
City of La Porte
Consolidated Summary of All Funds
Working Working
Capital FY 05-06 FY 05-06 Capital
09/30/05 Revenues Expenses 09/30/06
Governmental Fund Types:
General Fund 8,562,449 28,352,498 27,312,748 9,602,199
Grant Fund 374,900 1,279,794 1,279,794 374,900
Hotel/Motel Occupancy Tax 778,876 287,284 745,228 320,932
Community Investment 81,538 693,265 140,728 634,075
Section 4B Sales Tax 3,226,505 1,301,611 740,060 3,788,056
Tax Increment Reinvestment 150,609 44,183 36,000 158,792
Total Governmental Types 13,174,877 31,958,635 30,254,558 14,878,954
Enterprise:
Utility (174,409) 6,783,289 6,566,704 42,176
Sylvan Beach 184,759 192,795 248,516 129,038
Airport 304,556 43,362 10,043 337,875
La Porte Area Water Authority 1,520,829 1,198,959 1,032,067 1,687,721
Golf Course (178,061) 1,278,363 1,158,149 (57,847)
Total Enterprise 1,657,674 9,112,987 9,015,479 2,138,963
Internal Service
Motor Pool 2,532,975 1,881,187 2,397,651 2,016,511
Insurance Fund 819,795 4,488,268 4,460,139 847,924
Technology Fund 829,876 995,739 955,839 869,776
Total Internal Service 4,182,646 7,365,194 7,813,629 3,734,211
Capital Improvement:
General 570,369 1,229,520 1,509,497 290,392
Utility 2,223,001 3,050,730 3,551,579 1,722,152
Sewer Rehabilitation 231,024 313,019 262,643 281,400
1998 GO Bond Fund 1,179,600 25,000 1,204,600
2000 GO Bond Fund 1,211,230 530,000 1,566,623 174,607
2002 GO Bond Fund 1,364,500 249,915 1,638,036 (23,621 )
2004 C/O Bond Fund 1,564,838 23,700 320,457 1,268,081
2005 C/O Bond Fund 1,760,752 50,000 1,008,299 802,453
2005 GO Bond Fund 7,649,547 3,000,000 10,191,600 457,947
2006 C/O Bond Fund 5,861,903 5,700,000 161,903
2006 G/O Bond Fund 1,204,000 1,200,000 4,000
Other Infrastructure 1,071,281 36,188 449,650 657,819
Total Capital Improvement 18,826,142 15,573,975 28,602,984 5,797,133
Debt Service:
General 1,704,632 2,419,439 2,421,752 1,702,319
Utility 951,560 452,692 292,712 1,111,540
La Porte Area Water Authority 771,719 771,719
Total Debt Service 2,656,192 3,643,850 3,486,183 2,813,859
Total All Funds 40,497,531 67,654,641 79,172,833 29,363,120
City of La Porte
Interoffice Memorandum
TO:
Mayor and Council (\
Debra Feazelle, Municipal Advisor/Consultant OJ
December 28, 2006
FROM:
DATE:
SUBJECT:
Fiscal Year 2006 Year-End Budget Amendment/Adjustments
During the FY 2007 Budget process, the Departments revised their original budgets based on six
months of actual data and estimated needs for the remainder of the year. The revised budget based
on Director's projections totaled $27,280,748. Now that the Fiscal Year has ended, actual
expenditures for the 2006 fiscal year total $27,312,593, which is in excess of the revised budget by
$31,845.
The excess expenditures occurred due to several reasons. First, many of the overages occurred due
to the lack of data at the time the estimates were prepared. Departments only had six months of
data in which to base their estimates when the process began in May. For instance, one of the
overages of $50,000 occurred in the termination pay line item in the non-departmental division. A
total of $72,197 was paid out in periods 11 and 12, long after estimates were prepared. This large
increase in termination pay could not have been foreseen. Another area where overages occurred
was in the personal service line items. Payroll estimates are based on 26 pay periods; however, the
fiscal year end fell in the middle of a pay period causing 12 of the payroll to be accrued in FY 2006.
This equated to overages across the divisions of $69,400. Finally, many departments were overly
optimistic in their estimates and did not anticipate needed purchases at year end, which caused
them to go over their revised budgets.
In light of this information, I had directed the budget staff to request a budget amendment for the
FY 2006 General Fund budget in the amount of $32,000 to cover the excess expenditures. The
requested amendment needs to be brought to the next City Council meeting before the audit is
completed.
Additionally, pursuant to the City Charter and Financial Policies of the City, the City Manager has
the authority to approve budget adjustments within individual funds. I am directing the budget
staff to reallocate expenditure budgets within the general fund to cover overages within divisions
and departments.
DF:SG
xc:
John Joems, Interim City Manager
F
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 01/08107
Qj~
Requested By: D. Wilmore
Appropriation
u;
Source of Funds: N/A
Department:
PllInnina:
Account Number:
Report: X Resolution:
Ordinance: X
Amount Budgeted:
Amount Requested:
Exhibits: Recommendation Memo from Board
Budgeted Item: YES NO
Exhibits: Ordinance #96-2079-.1
Exhibits:
SUMMARY & RECOMMENDATION
At the December 11, 2006 City Council meeting staff was directed to prepare an ordinance to
implement a local electrical amendment prohibiting the use of "back-stab" installation of
electrical devices for residential and non-residential structures.
As directed by Council, staff has prepared Ordinance #96-2079-J which implements those
changes as recommended by the Building Codes Appeals Board (BCAB). For your
convenience, we have included the BCAB memo along with Ordinance #96-2079-1.
The ordinance language establishes the following city amendment:
All electrical devices (including but not limited to outlets and switches) shall be installed with
the screw-wrap or approved screw clamp installation. Back or quick stab installation is
prohibited
In accordance with past practices, the ordinance has a 60-day implementation period
(effective March 10, 2007) to allow mail notification to electrical contractors as well as
counter handouts for the public.
Action Required bv Council:
Consider approval of Ordinance #96-2079-J
.!jP/o 7
Memo
CC:
Honorable Mayor and City Council
Tom Campbel~ Chairman of the Building Codes Appeal Board tlfj,
Building Codes Appeals Board Members; Debbie S. Wilmore, Chief
Building Official; Wayne Sabo, Director of Planning; John E. Joerns,
Interim City Manager
11/6/2006
Local Amendment to the Building Codes
To:
From:
Date:
Re:
In June 2006, the Board began discussion regarding a possible local residential and
commercial electrical code amendment to prohibit the use of "quick stab" push-in
type/spring connections on all electrical devices (outlets, switches. etc.). The
discussion by the Board began following a concern raised by Mr. Tommy Moser, a
lo~ state licensed master electrician. Mr. Moser expressed concerns over the use of
this method of installation and approached me as Chairman. Following our
conversation, I added this discussion item to the board agenda.
Mr. Moser attended the Board's October 19, 2006 meeting and discussed the matter
based on his expertise in the electrical field. Following his presentation to the Board,
members voted to develop a Board memorandum to City Council recommending the
change in the local electrical regulations. The Board's recommendation for
Council's consideration is as follows:
All electrical devices (outlets, switches, etc.) shall be installed with the screw-wrap
or "approved screw clamp" installation (back or quick stab installation is
prohibited).
The Board recommends Council support the amendment as outlined in this memo
and direct staff to prepare an ordinance with a 60-day implementation period. This
delay would allow mail notification to electrical contractors as well as counter
handouts for the public. As Chairman, I plan to attend the Council meeting and be
available for questions.
1
ORDINANCE NO. 96-2079-J
AN ORDINANCE AMENDING CHAPTER 82 OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY AMENDING CHAPTER 82
"BUILDINGS AND BUILDING REGULATIONS," ARTICLE IV
"ELECTRICAL CODE", DIVISION 5 "STANDARDS", SECTION 82-339
"RESERVED", BY ADDING NEW REGULATIONS REGARDING
INSTALLATION OF ELECTRICAL DEVICES; PROVIDING A REPEALING
CLAUSE; CONTAINING A SAVINGS CLAUSE; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON
VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED
GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE
FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS;
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1. Chapter 82 "Buildings and Building Regulations", Article IV "Electric
Code", Division 5 "Standards", Section 82-339 "Reserved", ofthe Code of Ordinances of
the City of La Porte is hereby amended and shall hereafter read as follows, to-wit:
"Section 82-339. Installation of Electrical Devices.
All electrical devices (including but not limited to outlets and switches) shall be installed
with the screw-wrap or approved screw clamp installation. Back or quick stab
installation is prohibited."
Section 2. All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the
extent of such inconsistency and in all other respects this ordinance shall be cumulative
of other ordinances regulating and governing the subject matter covered by this
ordinance.
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 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.
Ordinance #96-2079-J
Page 2
Section 4. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall
violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and
upon conviction shall be punished by a fine not to exceed TWO THOUSAND
DOLLARS ($2,000.00).
Section 5. This Ordinance shall be effective sixty (60) days after its passage and
approval. The City Secretary shall give notice of the passage of this ordinance by causing
the caption hereof to be published in the official newspaper of the City of La Porte at
least twice within ten (10) days after the passage of this ordinance.
Section 6. The City Council officially finds, determines, recites and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City
Council is posted at a place convenient to the public at the City Hall of the city for the
time required by law preceding this meeting, as required by the Chapter 551, Tx. Gov't
Code; and that this meeting has been open to the public as required by law at all times
during which this ordinance and the subject matter thereof has been discussed, considered
and formally acted upon. The City Council further ratifies, approves and confirms such
written notice and the contents and posting thereof.
PASSED AND APPROVED this the ~ day of<.1lrlv U4f(
CITYOFLAPORTE D
at.. N .\tyL~
By: ~G . t-~
Mayor
,2007.
ATIEST:
Lfr!ttrtlJ4- ~
City Secretary
APPROVED:
~/~~
City Attorney
2
G
RE VEST FOR CITY C UNCIL AGENDA ITEM
Agenda Date Requested: 1-8-07 ^
I)
Requested By: Wayne J~
,
Appropriation
Source of Funds: N/A
Department:
Planninf!
Account Number:
Amount Budgeted:
Report: _ Resolution: _Ordinance: ~
Amount Requested:
N/A
Exhibits:
~.1ik ;~
GGO
OlE 1."D
\Jdumf
Ordinance Budgeted Item:
Exhibit A (New recenIed easements)
Exhibit Basements to be considered for abandonment)
SUMMARY & RECOMMENDATION
During the design phase for the Southeast La Porte Trunk Sewer to support the Lakes at
Fainnont Greens Subdivision (Golf Course Residential Development), the Preserve at Taylor
Bayou and other future developments, changes were made which required utility/drainage
easements to be granted to the City. These new easements have been recorded and are listed at
Exhibit A. The developer, in turn, requested the City to abandon two easements formerly
granted for this project which now are not to be used. The design for the sewer project is
complete and the project is now under construction.
The attached ordinance, therefore accepts the newly recorded easements for the project and
releases the unused easements back to the developers/owners which will now become available
as part of the developable area for the Subdivision.
Action Required bv Council:
Approve the ordinance authorizing and approving conveyances of easements from 65 La Porte
LID and Bayforest Ranch LTD.; and approving abandonment of water and sewer easements to
65 La Porte LTD. and Bayforest Ranch LTD.
Approved for City CODBCil Ae:enda
Date
liP?
ORDINANCE NO. 20~- J/1(pf
AN ORDINANCE AUTHORZING AND APPROVING CONVEYANCES OF DRAINAIGE AND
SEWER EASEMENTS FROM 65 LA PORTE, LTD. AND BAYFOREST RANCH, LTD.;
AND APPROVING ABANDONMENT OF WATER AND WASTEWATER EASEMENT TO 65 LA
PORTE, LTD. AND BAYFOREST RANCH, LTD., SUCCESSORS IN INTEREST TO
BEN F. WEEMS, STURGIS & COMPANY, AND J. P. MORGAN CHASE BANK;
CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Whereas, it is in the public interest and necessary to the
public health of the City of La Porte, Texas (nCity") to obtain six
(6) water and wastewater easements on property owned by 65 La
Porte, Ltd. and Bayforest Ranch, Ltd., and being developed for
residential use, known as Lakes at Fairmont Greens ("Property")
Whereas, due to the proposed dedication of six (6) water and
wastewater easements by 65 La Porte, Ltd. and Bayforest Ranch, Ltd.
for the development of Property, there is no longer a public
necessi ty for the continued use of two (2) nearby water and
wastewater easements previously conveyed to the City of La Porte by
Ben F. Weems, Sturgis & Company, and J.P. Morgan Chase Bank.
Whereas, the City and 65 La Porte, Ltd and Bayforest Ranch,
Ltd., (and as successors in interests to Ben F. Weems, Sturgis &
Company, and J.P. Morgan Chase Bank), have collectively agreed on
the exchange of easements, where by the City receives easements
from 65 La Porte, Ltd and Bayforest Ranch, Ltd., and abandons
easements to 65 La Porte, Ltd and Bayforest Ranch, Ltd. {as
successors in interest to the previous owners, Ben F. Weems,
Sturgis & Company, and J.P. Morgan Chase Bank);
Whereas, the fair market value of the easements to be
dedicated to the City is approximately the same as the fair market
value of the easements to be abandoned and released by the City;
and
Whereas, the City is authorized by the Texas Local Government
Code to exchange easements without obtaining an appraisal and
without notice and bidding;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF LA PORTE:
Section 1. Findings of Fact. The findings of fact and recitations
set out hereinabove are found to be true and correct and are hereby
adopted by the City Council of La Porte and made a part hereof for
all purposes as findings of fact.
Section 2. Easements to City. As consideration for the release and
abandonment of easements to 65 La Porte, Ltd and Bayforest Ranch,
Ltd. (as successors in interest to the previous owners, Ben F.
Weems, Sturgis & Company, and J.P. Morgan Chase Bank), as set forth
and authorized in Section 3 below, the City Council hereby
authorizes and accepts those easements attached to this ordinance
as Exhibit A.
Section 3. Abandonment of Easement. In consideration of receiving
the easements described in Section 2 of this ordinance, the City
Council hereby authorizes and directs the release and abandonment
of those easements attached to this ordinance as Exhibit B.
Section 4. The City Council hereby authorizes and directs the
Interim City Manager of the City to execute and deliver an
Abandonment, Release, and Termination of Easement, authorized in
Section 3 of this ordinance, in exchange for properly executed
easements delivered to the City as provided in Section 2 of this
ordinance.
Section 5. All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict only.
Section 6. 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 7. 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 8. This Ordinance shall be effective after its passage and
approval.
PASSED AND APPROVED, this <gIL day of J]:rvJ (All (j ,2007 .
By, ~LAC~~
Alton E. Porter
ATTEST:
LfY1 Jd/7~().4Ait/
Martha A. Gillett
City Secretary
A~ _
~ 7 .d-~A'~
Clark T. Askins
Assistant City Attorney
Mayor
3
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SANITARY SEWER EASEMENT
(20' - 0.0526 Acres)
:2 t:t~ ~]f .,:6. fi=~ 2 -:): 6 4 :2 1.
11/29/2006 RP3 532.00
THE STATE OF TEXAS S
S
':i
CO UNTY OF HARRIS S
KNOW ALL MEN BY THESE PRESENTS:
That 65 LAPORTE, LTD., a Texas limited partnership, ("Grantor"), for and in
considera\i on to Ten and 110/1 00 Dollars ($10.00) and other good and valuable consideration paid \ ^ 0
by the CITY OF LA PORTE ("Grantee"), a Municipal Corporation, the receipt and sufficiency ~\..
of which are hereby acknowledged and confessed, has this day GRANTED, BARGAINED,
SOLD AND CONVEYED and by these presents does GRANT, BARGAIN, SELL AND
CONVEY unto said Grantee, its successors and assigns, the perpetual right, privilege and
easement, with appropriate rights of ingress and reasonable working area for construction and
maintenance, to enter upon and construct, reconstruct, maintain, operate, inspect, replace, repair
and remove sanitary sewer pipelines together with all necessary related facilities and
improvements, over, across, through and under that certain tract or parcel of land lying and being
situated in Banis County, Texas, and being more particularly described on Exhibit "A" attached
hereto and made a part hereof for all purposes.
TO HAVE AND TO HOLD the above described easement, together with all and
singular the rights and appurtenances thereto in anywise belonging unto said Grantee, and its
successors or assigns, in accordance with the terms and conditions hereinabove set forth. The
Grantor does hereby bind itself, its successors or assigns to WARRANT AND FOREVER
DEFEND, all and singular the said easement unto the Grantee, and its successors or assigns,
against every person whomsoever lawfully claiming or to claim the same or any part thereof.
7 2... cc1l
WfTNESS THE EXECUTION HEREOF on this theL~ day of Oct, 2006.
/"
()U I
65 LA PORTE, LTD.,
A Texas limited partnership
By: NEHC PROPERTIES, INC.
A Texas corporation, its general partner
FILa6 f'O~ ~ECORD
8:00 AM
NOV 2 9 2006
~~~?.~/
County Clerk. Harris County. Texas
EXHIBIT
~
I
A
ACKNOWLEDGEMENT
The State of Texas 9
9
County ofHanis 9
Thjs instrument was acknowledged before me on thtZ.:r:::A day of Oc i--. , 2006 by
JOE FOGARTY, President of NEHC PROPERTIES, INC., a Texas corporation, on behalf of
said corporation, as general partner of 65 LA PORTE, LTD., a Texas limited parinership, and
on behalf of said limited partnership.
Mailing Address of Grantee
CITY OF LA PORTE
604 West Fairmont Parkway
LaPorte, Texas 77571
",'I~":'",
l~~'\'!!"i'~
i*: :*E
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':~~f... f' ~.~l}.;
',.,9.""
TRACY J. LAPERRIERE
MY COMMISSION EXPIRES
September 27, 2008
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AFTER RECORDING, RETURN TO:
ASKINS & ARMSTRONG, P.C.
P.O. Box 1218
La Porte, TX 77572-1218
J ~J
EXHIBIT "A"
STATE OF TEXAS)
COUNTY OF HARRIS)
20' SANITARY SEW'ER EASEMENT)
DESCRIPTION of a 0.0526 of an acre ofland situated in the W. P. Harris Survey,
Abstract No. 30, Harris County, Texas out of and a part of that certain 110.0 feet wide
Harris County Flood Control District Drainage Easement as described in Volume 6642 at
Page 439 of the Deed Records of Harris County, Texas. Trus 0.0526 of an acre is more
particularly described by the following metes and bounds, to-wit:
j
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NOTE: BEARINGS ARE BASED ON DEED BEARINGS AND FOUND
,
MONUMENTS IN THE NORTH LINE OF THAT CERTAIN 3.00 ACRE TRACT OF
LAND CONVEYED BY SHAWN IBRAHIN, INC. TO 65 LA PORTE, LTD BY DEED
DATED OCTOBER 22,2004 AND RECORDED UNDER HARRIS COUNTY
CLERK'S FILE NO. Y022502 OF THE OFFICIAL PUBLIC RECORDS OF REAL
PROPERTY OF HARRIS COUNTY, TEXAS; AND THOSE CERTAIN 16.856 ACRES
AND 5.754 ACRES, (TRACTS ONE AND TWO, RESPECTIVELY) AS CONVEYED
BY BEN F. WEEMS, ET AL, TO 65 LA PORTE, LTD, BY DEED DATED
NOVEMBER 12,2002 AND RECORDED UNDER HARRIS COUNTY CLERK'S
FILE NO. W225686 OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY
OF HARRIS COUNTY, TEXAS. REFERENCE IS MADE TO MAP OF EVEN DATE
ACCOMP ANYING THIS METES AND BOUNDS, DESCRIPTION.
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COMMENCING at a 5/8 inch iron rod for in the East right-of-way line of State Highway
146 (right-of-way width varies) at the Southwest corner of that certain 9.075 acretract
(Tract Three) conveyed by F. Carrington Weems to 65 La Porte, L TD, by Deed dated
April 3, 2003 and recorded under County Clerk's File No. W566080 of the Official
Public Records of Real Property of Harris County, Texas, and the Northwest corner of
said Harris County Flood Control District Easement.
~
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THENCE: South 70017' 17" East along the North line of said Harris County Flood
Control District Easement and the South line of said 9.075 acres for a distance of578.93
feet to a point for the Northwest corner and POINT OF BEGINNING oftrus tract.
THENCE: Continue South 70017' 17" East along the North line of this tract, the North
line of said Harris County Flood Control District Easement and the South line of said
9.075 acres for a distance of 18.78 feet to a % inch iron rod found for an angle point in
said line.
THENCE: South 35052'19" East along the North line oftrus tract, the North line oftrus
tract, the North line of said Harris County Flood Control District Easement and the :South
line of said 9.075 acres for a distance of 1.82 feet to a point for the Northeast corner of
this tract.
PAGE 2 - 0.0526 ACRE, 20' WIDE SANITARY SEWER EASEMENT.
THENCE: South 33032'02" West along the East line of this tract, over and across said
Harris County Flood Control District Easement for a distance of 118.29 feet to a point in
the South line of said Harris County Flood Control District Easement for the Southeast
corner of this tract.
THENCE: North 35052'19" West along the South line of this tract and the South line of
said Harris County Flood Control District Easement for a distance of 11.25 feet to a %
inch iron rod found for an angle point in said line.
THENCE: North 70017' 17" West along the South line of this tract and the South line of
said Harris County Flood Control District Easement for a distance of 9.78 feet to a point
for the Southwest corner of this tract.
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THENCE: North 33032'02" East along the West line of this tract, over and across said
Harris County Flood Control District Easement for a distance of 112.82 feet to the
PLACE OF BEGINNING and containing within these boundaries 0.0526 of an acre of
land.
SURVEYOR'S CERTIFICATE
~
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I, Juliene Ramsey, Registered Professional Land Surveyor No. 4379, do hereby certify
that the foregoing field notes were prepared from an office survey made by me on May
10, 2006 and that all lines, boundaries and landmarks are accurately described therein.
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WITNESS my hand and seal at Baytown, Texas, this the 17th day of May, A. D., 2006.
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. ne Ramsey
. stered Professional Land Surveyor No. 4379
06- 2791 B. O. 0526ac.20' S S.fdn.doc
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30
o
30
60
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SCALE: f fNCH = 60
~.075 ACRES
TRACT THREE
r. CARRINGTON IJEEMS
TO
65 LA PORTE. LTD
APRIL 3. 2003
ccr .IJ566080
OrrICIAL PUBLIC RECORDS
or REAL PROPERTY
HARRIS COUNTY. TEXAS
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VOtu4!"o\>Ot. V/lIf:
11. l1t ~4" D/S '0\>
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COt.ri;ffol'DS 439 ..../.....4Gl;
. 7tX4 t4S(:
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PROPOSED
20' SANITARY
SE\./ER EASEMENT
0.0526 OF AN ACRE
fY. P HARR/S SURVEY
ABSTRACT NO. 30
NUMBER
L22
L23
L24
L25
L26
L27
DIRECTION
S 35"52'19' E
S 32'33'02' \./
N 35'52'19' \./
N 70'17'17' \./
N 32'33'02' E
S 70'17'17' E
DIST ANCE
1.82'
118.29'
11.25'
9.78'
112.82'
18.78'
20.1l~0 ACRES
TRACT rOUR
r. CARRINGTON IJEEMS
TO
65 LA PORTE. L TD
APRIL 3. 2003
ccr .IJ5660BO
OrrICIAL PUBLIC RECORDS
or REAL PROPER TY
HARRIS COUNTY. TEXAS
20' IJATER & IJASTEIJATER EASEMENT
r. CARRINGTON IJEEMS
TO
CITY or LA PORTE
MARCH l. 2002
ccr .V~4747~
OrrICIAL PUBLIC RECORDS
or REAL PROPERTY
HARRIS COUNTY, TEXAS
I, JUlIENE RAMSEY, REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4.379.
DO HEREBY CERTIFY THAT THIS PLAT DELINEATES THE RESULTS OF AN OFFICE
SURVEY MADE BY ME ON MAY, 10, 2006 OF THE 0.0526 OF AN ACRE SHOWN
HEREON, AND THAT ALL LINES, BOUNDARIES AND LANDMARKS ARE ACCURATELY
DESCRIBED HEREON.
WITNESS MY HAND AND SEAL AT BAYTOWN, TEXAS, THIS THE 17TH DAY OF
MAY, A. 0., 2006.
?~
LAND SURVEYOR NO. 4.379
~
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20' IJATER & IJASTEIJATER EASEMENT
r. CARRINGTON IJEEMS
TO
CITY or LA PORTE
MARCH l. 2002
ccr .V~47480
OrrICIAL PUBLIC RECORDS
or REAL PROPERTY
HARRIS COUNTY, TEXAS
QUIT -CLAIM DEED
60.35 ACRES
TRACT III
J. E. COOK. ET AL
TO
CITY or LA PORTE
OCTOBER 10, 1~B6
ccr .K7B4741
orrICIAL PUBLIC RECORDS
or REAL PROPERTY
HARRIS COUNTY. TEXAS
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NOTE 1: BEARINGS ARE BASED ON DEED BEARINGS AND FOUND \
MONUMENTS IN THE NORTH LINE OF THAT CERTAIN TRACT OF LAND,
BEING 3.00 ACRES CONVEYED BY SHAWN IBRAHIN, INC. TO 65 LA
PORTE, LTD BY DEED DATED OCTOBER 22, 2004 AND RECORDED
UNDER HARRIS COUNTY CLERK'S FILE NO. Y022502 OF THE
OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF HARRIS COUNTY,
TEXAS; AND THOSE CERTAIN 16.856 ACRES AND 5.754 ACRES
(TRACTS ONE AND TWO. RESPECTIVELY) AS CONVEYED BY BEN F.
WEEMS. ET AL, TO 65 LA PORTE, LTD, BY DEED DATED NOVEMBER
12. 2002 AND RECORDED UNDER HARRIS COUNTY CLERK'S FILE
NO. W225686 OF THE OFFICIAL PUBLIC RECORDS OF REAL
PROPERTY OF HARRIS COUNTY, TEXAS.
NOTE 2: REFERENCE IS MADE TO THE METES AND BOUNDS
DESCRIPTION OF EVEN DATE ACCOMPANYING THIS PLAT.
BHA-HUTCHISON &: ASSOCIATES
ENGINEERS . SURVEYORS
1209 DECKER DRIVE. BAYTO....N. TEXAS
281/422-8213
SCALE,
DRA....N BY,
1"
JOB NO., 0527918
DRIJN-NAME, EXHI8ITA4.DWG
CHECKED BY'
AJR
60'
AR
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PIQlBIIYEUECflnCllQllIIQllflUlIIllRlalElIGIl FlllM.lM.
THUTATE OfTElCAS
COUNTY Of HARRIS
l~""""'___FUD" .....s..-. II.. ...,.
~_Ij."."_It"CIIdi(NII'" ~III",~.
CoiiIlr-. ,
NOV 2 9 2006
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COUNlY CLERK
HARRIS COUNTY. TEXAS
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DRAINAGE EASEMENT
(116' - 0.7019 Acres)
i1 ~7~~~:'~i;:~~? ~,f 1~1::~H)
THE STATE OF TEXAS ~
S
COUNTY OF HARRIS ~
KNOW ALL MEN BY THESE PRESENTS:
That BAYFOREST RANCH, LTD., a Texas limited partnership ("Grantor"), for and in
consideration to TEN AND NO/I00 DOLLARS ($10.00) and other good and valuable \ r /
consideration paid by the CITY OF LA PORTE ("Grantee"), a Municipal Corporation, the \il.C
receipt and sufficiency of which is hereby acknowledged and confessed, have this day
GRANTED, BARGAINED, SOLD AND CONVEYED and by these presents do GRANT,
BARGAIN, SELL AND CONVEY unto said Grantee, its successors and assigns, the perpetual
right, privilege and easement, with appropriate rights of ingress and reasonable working area for
construction and maintenance, to enter upon and construct, reconstruct, maintain, operate,
inspect, replace, repair and remove storm and other water drainage improvements, canals, water
courses, ditches, levees, embankments, and related necessary or desired improvements, over,
across, through and under that certain tract or parcel of land lying and being situated in Harris
County, Texas, and being more particularly described on Exhibit "A", consisting of three (3)
pages, attached hereto and made a part hereof for all purposes.
TO HAVE AND TO HOLD the above described easement, together with all and
singular the rights and appurtenances thereto in anywise belonging unto said Grantee, and its
successors or assigns, in accordance with the terms and conditions hereinabove set forth. The
Grantor does hereby bind itself, its successors or assigns to WARRANT AND FOREVER
DEFEND, all and singular the said easement unto the Grantee, and its successors or assigns,
against every person whomsoever lawfully claiming or to claim the same or any part thereof.
WITNESS THE EXECUTION HEREOF on this the ~ day of 4PIIMt&6-f#-, 2006.
BAYFOREST RANCH, LTD.,
A Texas limited partnership
By: IVE BAYFOREST, LLC
A Texas corporation, its general partner
/-\
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v' '...
By: ~1 iCe l:::"
ISSAC MATTHEWS, Manager
1
FILED FOR RECORD
8:00AM
NOV 2 9 2006
~.d'~".../
County Clerk, Harrla CQunty. Texas
ACKNOWLEDGEMENT
The State of Texas S
S
County of Harris S
This instrument was acknowledged before me on the I~day ofJ()V{!A,8€~ ,2006 by
ISSAC MATTHEWS, Manager ofIVE BAYFOREST, LLC, a Texas corporation, on behalf
of said corporation, as general partner of BAYFOREST RANCH, LTD., a Texas limited
partnership, and on behalf of said limited partnership.
-________--a...a-
.@'N.ANNDUGGIN
4 .~..... . .~. Notary Public
.- State of Texas
l t ~ My Commi~ion Expires
I . November 15. 2006
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Mailinl! Address of Grantee
CITY OF LA PORTE
604 West Fairmont Parkway
La Porte, Texas 77571
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AFTER RECORDING, RETURN TO: /.1/
ASKINS & ARMSTRONG, P~C. J i
P.O. Box 1218 ~
La Porte, TX 77572-1218
2
EXHIBIT A
STATE OF TEXAS)
COUNTY OF HARRIS)
116' DRAINAGE EASEMENT)
DESCRIPTION ofa 0.7019 ofm acre ofland situated in the W. P. Harris Survey,
Abstract No. 30, Harris County, Texas out of3l1d a part of that certain 20.001 acre tract
ofland conveyed to Bayforest Ranch, LTD by Deeds dated January 15, 2003 and JanualY
29,2003 and recorded under County Clerk's File Nos. W399440 and W399441,
respectively, of the Official Public Records of Real Property oUlani.s County, Texas.
Tins 0.7019 of an. acre is more particularly described by the following metes and bounds,
to-wit:
f. "
L
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:1
NOTE: BEARINGS ARE BASED ON DEED BEARINGS AND FOUND
MONlJlv.[ENTS IN THE NORTH LINE OF THAT CERTAIN 3.00 ACRE TRACT OF
LAND CONVEygD BY SHAWN ffiRAHIN, INC. TO 65 LA PORTE, LTD BY DEED
DATED OCTOBER 22,2004 AND RECORDED UNDER HARRIS COUNTY
CLERK'S FILE NO. Y022502 OF THE OFFICIAL PUBLIC RECORDS OF REAL
PROPERTY OF BARRIS COUNTY, TEXAS; AND THOSE CERTAJN 16.856 ACRES
AND 5.754 ACRES, (TRACTS ONE AND TWO, RESPECTIVELY) AS CONVEYED
BY BEN F. WEEMS, ET AL, TO 65 LAPORTE, LTD, BY DEED DATED
NOVEMBER 12,2002 AND RECORDED UNDER HARRIS COUNTY CLERK'S
FILE NO. W225686 OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY
OF HARRIS COUNTY, TEXAS. REFERENCE IS MADE TO MAP OF EVEN DATE
ACCOMPANYING tHIS METES AND BOUNDS, DESCRlPTION.
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BEGINNING at a Y2. inch iron rod found in the South line ofiliat certain 19.169 acre tract
of land conveyed byF. Carrington Weems to 65 La Porte Limited by Deed datedApri13t
2003 and recorded under County Clerk's File No. W566080 of the Official Public
Records of Real Property ofHanis County, Texas, at the Northwest comer of that certain
3.399 acre tract conveyed by J. E. Cook, and wife, Dorothy Mae Cook, to City of La
Porte by Deed dated October 10, 1986 and recorded under County Clerk's File No.
K784741 of the Official Public Records of Real Property of Harris County, Texas and the
Northeast comer of said 20.001 acres. Said point being the Northeast comer and POINT
OF BEGINNlNG of this tract.
THENCE: South 00006'22" East along the East line of this tract, the East line of said
20.001 acres and the West line of said 3.399 acres for a distance of 1013.12 feet to a 5/8 .
inch iron rod found at the Southwest comer of said 3.399 acres and the Southeast comer
of said 20.001 acres, ill the North line of that certain 41.992 acre tract conveyed by J. P.
Morgan Chase Bank to 65 La Porte, LID by Deed dated September 12, 2002 and
recorded under County Clerkts File No. W087976 of the Official Public Records of Real
Propelty of Harris County, Texas. Said point begin the Southeast corner of this tract.
PAGE 2 - 0.7019 OF AN ACRE, 116 FEET WIDE DRAmAGE EASEMENT.
THENCE: WEST along the South line of this tract, the South line of said 20.001 acres
and the North line of said 41.992 acres for a distance of 116.17 feet to a point for the
Southwest comer of this tract; from which a 5/8 inch iron rod (found) bears West 20.00
feet.
THENCE: North 00006'22" West along the West line of this tract, over and across said
20.001 acres, for a distance of 1013.12 feet to a point ill the North line of said 20.001
acres and the South line of said 19.169 acres for the Northwest corner of this tract; from
which a 5/8 inch iron rod (found) bears West 20.00 feet.
THENCE: EAST along the North line of this tract, the North line of said 20.001 acres
and the South line of said 19.169 acres for a distance of 116.17 feet to the PLACE OF
BEGINNING and containing within these boundaLies 0.7019 of an acre of land.
SURVEYOR'S CERTJFICATE
I, Juliene Ramsey, Registered Professional Land Surveyor No. 4379, do hereby certify
that the foregoing field notes were prepared from an office survey made by me on June
14,2006 and that all lines, bOllUdaries and landmarks are accurately desclibed therein.
"
WITNESS my hand and seal at Baytown, Texas, this the 14th day of June, A. D., 2006.
~
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~
J . ne Ramsey
Registered Professional Land Surveyor No. 4379
06-2791B.0.7019ac.116'DE.fdn.doc
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RECORDER'S MEMORANDUM:
At the time of recordation, this instmrn8:1,t was
found to be ,inadequate ter the Desl photographic
reprOdudiO~ because oj i!fegibility, carboo or
PhO!9 copy. dlsco!ored paper. etc. AK blackouts
additions al'ld changes were present at lhe time
the Instrument was filed and recorded.
;:;.
19.169 Acr-e5
F. Cnrrlng"ton \leeMs
To
6S LG Pod~, L TD
April 3. 2003
li566080
Offlcia\ Public Reocards
Rpo\ Property of
HClf""rls County. T exos
PROPOSED
i!O' SANITARY
SEliER EASEMENT
O.~ 943 or AN IlCRE:
~
N
100
50
o
60
100
~
SCALE: t fNCH = tOO
1Y.
P. HARRIS SURV.E:Y
ABSrRACr NO. 30
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to
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PROPOSED
20' SANITARY
SEVER EASEMENT
~4652 OF AN ACRE
20.0001 Acres
1/4 Undivided In'teres't
J. P. HorgCln ChAse Bo.nk
To
Ba.yfort!'sot RDnd1. L TD
Ja.n\.lo.ry 29. 2003
li399441
OF f'lclCll Plo.olbllc Records
RE"IJ.l Propt"My of
Ha.rns Cavnty. T II'XO$
20.0001 Acres
3/4 Undivided Int..r..st
Ben t. W'eel'lEi L M1ldendo Land Co.. Jne.
To
Bo.yf'orest Ra.nch, l Tn
JGnUOry IS, 2003
\i39904~0
DFflc:iul. Public Records
Reol Property 0 r
Hclrrls County. T vxa.s
~
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NOTE 1: BEARINGS ARE BASED ON OEEO BEARINGS AIW FOUND
MONUMENTS IN THE NORTH LINE OF THAT CERTAIN TRACT OF LAND.
BEING 3.00 ACRES CONVEYED BY SHAWN IBRAHIN. INC. TO 65 LA
PORTE, LTD BY DEED DATED OCTOBER 22, 2004 AND RECORDED
UNDER HARRIS COUNTT CLERK'S FILE NO. Y022502 OF THE
OF"ACIAl PUBLIC RECORDS OF REAl.. PROPERlY OF HARRIS COUNTT,
TEXAS; AND THOSE CERTAIN 16.856 ACRES AND 5.754 ACRES
(TRACTS ONE AND lWO, RESPECTIVELY) AS CONVEYED BY BEN F.
WEEMS. ET AL, TO 65 LA PORTE. LTD, BY DEED DATED NOVEMBER
12. 2002 AND RECORDED UNDER HARRIS COUNlY CLERK'S FILE
NO. WZZ5686 or THE OrFlCIAL PUBLIC RECORDS OF REAL
PROPERTY OF HARRIS COUNTY, TEXAS.
NOTE 2: REFERENCE IS MADE TO THE METES AND BOUNDS
DESCRIPTION OF EVEN DATE ACCOMPANYINC THIS PLAT.
leD.!
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WEST='C
L_===_=
I, JULlENE RAMSEY, REGISTERED PROFESSIONAL LAND SURVEYOR NO.
4379. DO HEREBY CERTIFY THAT THIS PLAT DELINEATES THE RESULTS
OF AN OFFICE SURVEY MADE BY ME ON JUNE 14. 2006 or THE
0.4652 OF AN ACRE SHOWN HEREON, AND THAT All LINES,
BOUNDARIES AND LANDMARKS ARE ACCURATELY DESCRIBED HEREON.
WITNESS MY HAND AND SEAL AT BAYTOWN, TEXAS. THIS THE 14TH
DAY OF JUNE, A. D., 2006.
IlEVlstD 'H!II'" ID CIRAI%f "!lIWIWIE~ 1D .IMITMf lEVEr MI CDIIRtCr AEallIIG
_DAM'D !IN EXlStNi f:ASDIOfl :ru I[ AIlilrUlOIO.
~1.9'2 Acre.
.L P. Morgen eho,s. BAnk
To
65 La. Port". LTD
St"p't........ 12. 20De
\(087'76
Ottlc:la.t PubUc:: R.c:ords
RV'a.l Prop.,..ty of'
Hl:11Tis County, Tt>XQ.s
BHA -HUTCHISON &- ASSOCIATES
ENGINEERS .. SURVEYORS
1209 DECKER DRIVE. BAYTDliN, TEXAS
281/422-8213
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PROPOSED
eo' SANITARY
SEliER EASEMENT
0.7~35 or AN ACRE
SCALE.
1"
100'
DRAIJN BY'
AR
To Be Abo.ndoned)
20" \10. te,. Clnd
Va.steWQ.t4tr Eo.sertent
Murch 1. 2002
V9047481
DFficial PubUc Recor"ds
Re(ll. PrOPRrty of
Hl:lrrls COUn'tYf TI'.xa.s
CT 0 Be AtIa.ndoned)
20' Va. ter a.nd
\Jcstewo;ter Ea.se"ent
Mo.y 24. 2002
V92s383
OFf'lda.l Public Records
Rea.l Pr"operty of'
Hor...ls County, Te~o.5
6'9.35 Ac...."
~. .Eo Cook. a.nd .'Fe,
Dor"'othy Mo.. Cock
To
City of La. Porte
Dc_er 10. "86
K794741
OrfIdGl Public Records
R.a.' Proper'ty DF
Ho.rrls County. Tvxa.s
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JOB NO, 052791B
OR\lN-NAME. EXHIBITAS.DWG
CHECKED BY.
AJR
NfrPlQlllJltIBlHJI1I5fD lIEW,IIIlW.CIlllElf1lIBaBllM
PlUBllYEMIE If CXllIl at Mali IftIdI NllIIfIJa/4E lNIR RllM.lM.
THESTATE OF TEXAS
COUNTY OF HARRIS
1..IIlI.........fUD........... _...... tin
~_Ij..... ICIIE.II..(lliMNt.... ~...,..~..
CUllr--
NOV 2 9 2006
~~~~/
COUN1Y CLEM
HARRIS COUNTY. TEXAS
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SANITARY SEWER EASEMENT
(20' - 0.4652 Acres)
:2 00 6 ()2 "fi' r:"i 4-:2 6
11/29/2006 RP3 $32~OO
~
THE STATE OF TEXAS ~
S
COUNTY OF HARRIS ~
KNOW ALL MEN BY THESE PRESENTS:
That BAYFOREST RANCH, LTD., a Texas limited partnership, ("Grantor"), for and in
consideration to TEN AND NO/IOO DOLLARS ($10.00) and other good and valuable
consideration paid by the CITY OF LA PORTE ("Grantee"), a Municipal Corporation, the
receipt and sufficiency of which are hereby acknowledged and confessed, has this day
GRANTED, BARGAINED, SOLD AND CONVEYED and by these presents does GRANT,
BARGAIN, SELL AND CONVEY unto said Grantee, its successors and assigns, the perpetual
right, privilege and easement, with appropriate rights of ingress and reasonable working area for
construction and maintenance, to enter upon and construct, reconstruct, maintain, operate,
inspect, replace, repair and remove sanitary sewer pipelines together with all necessary related
facilities and improvements, over, across, through and under that certain tract or parcel of land
lying and being situated in Harris County, Texas, and being more particularly described on
Exhibit "A", consisting of three (3) pages, attached hereto and made a part hereof for all
purposes.
TO HAVE AND TO HOLD'the above described easement, together with all and
singular the rights and appurtenances thereto in anywise belonging unto said Grantee, and its
successors or assigns, in accordance with the terms and conditions hereinabove set forth. The
i Grantor does hereby bind itself, its successors or assigns to WARRANT AND FOREVER
~ DEFEND, all and singular the said easement unto the Grantee, and its successors or assigns,
against every person whomsoever lawfully claiming or to claim the same or any part thereof.
~I
~ WITNESS THE EXECUTION HEREOF on this the ~ day of JIJVbrr15&e,2006.
BAYFOREST RANCH, LTD.,
A Texas limited partnership
By: lVE BAYFOREST, LLC
A Texas corporation, its general partner
By: ~~-H~
ISSAC MA TTHE , Manager
lr\ If'.i
\' :
x~'..._" -'
~1
FILED FOR RECORD
8:00 AM
NOV 2 9 2006
~~~t ..-/
County Clerk, Harrl. County, Texas
1
ACKNOWLEDGEMENT
The State of Texas oS
S
County of Harris S
This instrument was acknowledged before me on the /51t-dayof JoilEI1IBIle, 2006 by
ISSAC MATTHEWS, Manager ofIVE BAYFOREST, LLC, a Texas corporation, on behalf
of said corporation, as general partner of BAYFOREST RANCH, LTD., a Texas limited
partnership, and on behalf of said limited partnership.
.........-...-. ----
ANN DUGGJN
Notary Public
State of Texas
My Commis,sion Expires
November 15. 2006
as
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Mailing Address of Grantee
CITY OF LA PORTE
604 West Fairmont Parkway
La Porte, Texas 77571
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AFTER RECORDING, RETURN TO: I j
ASKINS & ARMSTRONG, P. c. 0 \
P.O. Box 1218
La Porte, TX 77572-1218
2
EXHIBIT A
STATE OF TEXAS)
COUNTY OF HARRIS)
20' SANITARY SEWER EASEMENT)
DESCRJPTION of a 0.4652 of an acre of land situated in the W. P. Harris Survey, r--)
Abstract No. 30, Harris County, Texas out of and a part of that certain 20.001 acre tract \
ofland conveyed to Bayforest Ranch, LTD by Deeds dated January 15,2003 and Janu.ar1'
29,2003 and recorded under County Clerk's File Nos. W399440 and W399441,
respectively, of the Official Public Records of Real Property ofHarrls County, Texas.
This 0.4652 of an acre is more particularly described by the following metes and bounds,
to-wit:
NOTE: BEARINGS ARE BASED ON DEED BEARINGS AND FOUND
MONUMENTS IN TEE NORTH LINE OF THAT CERTAIN 3.00 ACRE TRACT OF
LAND CONVEYED BY SHAWN ffiRAHIN, INC. TO 65 LA PORTE, LID BY DEED
DATED OCTOBER 22,2004 AND RECORDED UNDER HARRIS COUNTY
CLERK'S FILE NO. Y022502 OF THE OFFICIAL PUBLIC RECORDS OF REAL
PROPERTY OF HARRIS COUNTY, TEXAS; AND THOSE CERTAIN 16.856 ACRES
AND 5.754 ACRES, (TRACTS ONE AND TWO, RESPECTNELY) AS CONVEYED
BY BEN F. WEEMS, ET AL, TO 65 LA PORTE, LTD, BY DEED DATED
NOVEMBER 12, 2002 AND RECORDED UNDER HARRIS COUNTY CLERK'S
FILE NO. W225686 OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY
OF HARRIS COUNTY, TEXAS. REFERENCE IS MADE TO MAP OF EVEN DATE
ACCOMPANYING TInS METES AND BOUNDS, DESCRlPTION.
COMMENCING at a 'l'2 inch iron rod found in the South line of that certain 19.169 acre
tract of land conveyed by F. Carrington Weems to 65 La Porte Limited by Deed dated
April 3, 2003 and recorded under County Clerk's File No. W566080 of the Official
Public Records of Rea! Property ofHarrls County, Texas, at the Northwest comer of that
certain 3.399 acre tract conveyed by 1. E. Cook, and wife, Dorothy Mae Cook, to City of
La Porte by Deed dated October 10, 1986 and recorded under County Clerk's File No.
K784741 of the Official Public Records of Real Property of Harris County, Texas and the
Northeast comer of said 20.001 acres.
THENCE: WEST along the North line of said 20.001 acres and the South line of said
19.169 acres for a distance of 116.17 feet to a point for the Northeast comer and POINT
OF BEGINNING of this tract.
PAGE 2 - 0.4652 ACRE, 20' WIDE SANITARY SEWER EASEMENT.
THENCE: South 00006'22" East along the East line ofthis tract for a distance of
1013.12 feet to a point in the South line of said 20.001 acres and the North line of that
certain 41.992 acre tract conveyed by J. P. Morgan Chase Bank. to 64 La Porte, LTD by
Deed dated September 12, 2002 and recorded under County Clerk's File No. W087976 of
the Official Public Records of Real Property ofHanis County, Texas, for the Southeast
comer of this tract.
THENCE: WEST along the South line of this tract, the South line of said 20.001 acres
and the North line of said 41.992 acres for a distance of 20.00 feet to a 5/8 inch iron rod
found for the Southwest comer of this tract.
THENCE: North 00006'22" West along the West line of this tract for a distance of
1013.12 feet to a 5/8 inch iron rod found in the North line of said 20.001 acres and the
South line of said 19.169 acres for the Northwest comer of this tract.
TIffiNCB: EAST along the North line ofthis tract, the North line of said 20.001 acres
and the South line of said 19.169 acres for a distance of20.00 feet to the PLACE OF
BEGINNING and containing within these boundaries 0.4652 of an acre ofland.
SURVEYOR'S CERTlFICATE
1, Juliene Ramsey, Registered Professional Land Surveyor No. 4379, do hereby certify
that the foregoing field notes were prepared from an office survey made by me on May
10, 2006 and that all lines, boundaries and landmarks are accurately described therein.
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SS my hand and seal at Baytown, Texas, this the 17th day of May, A. D., 2006.
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J . ene Ramsey
Registered Professional Land Surveyor No. 4379
06-2791B. 0.4652ac.20' S S .fdn.doc
'S MEMORANOUM:
RECORDER . ttlis instrument was
At the time of recordat\ontne besl phOlographlC
found 10 be .inadequa~ g; illegibility, cartx>n Of.
reproduc\1o~ beca~.d aper, elc. All bloc~.O'.).'5
photo copy, dlsco1o,e P Are present at me ume
additions and changes :liled and recorded.
the instrument wa
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19.169 Ac:r..
F'. Cal""rlngton \.(8'S',..5
To
65 La Parte. L TO
Apr. J. 200J
I.!56(,OBQ
OFFicial Public Rocards
Rvo.l Prop.,.t:y 0'
Ha.rMs COLI"I'ty. T "Ko..
PROPOSED
i!D' SANITART
SE\iER EASEMENT
D.494J or AH ACRE
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P. HARRIS SURVEY
ABS7'RACr NO. 30
NUMBER
L4
L7
La
L9
DISTANCE
eo.oo'
96.17'
20.00'
9&.17'
DIRECTION
WEST
AST
AST
EAST
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PROPOSED :
20' SAN IT ARY I
SE'w'ER EASEMENT I
0.4652 O~::RE~I
3/4 UndIvided Int.....
Ben r. ".."'. &. Mildl'ncm Lllnd Co.. Inc.
To
Bo.Y'OI".,s:t Ra.nch, L T
Jonuo...y 15. 2003
101399440
Of ('cla.l PublIC RtrCOl'"'Ul
R..", Prop...ty or
Harris County, Tex4s
NOTE 1: BEARINGS ARE BASED ON DEED BEARINGS AND FOU 0
t.tONUMENTS IN THE NORTH UNE OF THAT CERTAIN TRACT OF lAND,
BEING 3.00 ACRES CONVEYED BY SHAWN .ISRAHIN. INC. TO 6SlLA
PORTE. LTO BY DEED DATED OCTOBER 22, 2004 AND RECOROto
UNDER HARRIS COUNTY CLERK'S f1lE NO. Y022502 OF THE j
OFFICIAL PUBUC RECORDS OF REAL PROPERlY OF HARRIS COllNlY.
TEXAS; AND THOSE CERTAIN 16.856 ACRES AND 5.754 ACRES~
(lRAcTS ONE AND '!WO. RESPECTTVELY) 1>15 CONVEYED BY BEN F.
WEEtotS. ET AL. TO 65 LA PORTE, LTD. BY DEED DATED NOVE BER
12. 2002 AND RECORDED UNDER HARRIS COUNTY CLERK'S FIlIE
NO. W225686 OF THE OFFICIAL PUBLIC RECORDS of REAL
PROPERTY OF HARRIS COUNlY. TEXAS.
NOTE 2: REFERENCE 15 MADE TO THE UETES ANO BOUNDS
OESCRIPllON OF EVEN DATE ACCOMPANYING THIS PLAT.
2GJlOQl Ac......s.
1/4 Urdvldlrd Int<rrl5t
.I. P. Morg<1fl Chou Bank
To
HQyfares't Ro."ch. l TD
.Jo"UQ.ry 29. 2003
\iJ9'i144J
CFFfclcal PubllC' R..cords
Roal Prop<rrty or
Ho.,.,..fs County. 11'X45
I, JUUENE RAMSEY, REGlSTERED PROFESSIONAL LAND SU OR NO.
4379. DO HEREBY CERTIFY THAT THIS PLAT DELINEATES THl RESULTS
OF' AN OFFICE SURVEY loIADE BY ME ON loIAY. 10. 2006 0 THE
0.+652 OF AN ACRE SHOWN HEREON, AND THAT ALL LINES
BOUNDARIES AND LANDLWlKS ARE ACCURATELY DESCRIBED HEREON.
WITNESS MY HAND AND SEAL AT BAYTOWN. TEXAS, THIS TH 17TH
DAY:: ::S: D., 20~
ISTERED PROFESSIONAl LAND SURVEYOR NO. 4379
AEvIa:1 t~u.t, nI EmIIUI' ~. m "SIlNITMI' !E\IElt" l:1li AI.lII1NDfO TRIICTI ""I alRlD:.1'
BHA-HUTCHISON &: ASSOCIATES
ENGINEERS . SURVEYORS
1209 DECKER DRIVE. BAYTlJ....N. TEXAS
281/422-9213
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PROPOSED
20' SANITARY
SEVER EASEMENT
G.14J:i OF AN ACRE
~ttQIl 1M l:1UStUlCl OSDIEIR tIS IE AIMIIDllD.
SCALE.
1" - 100'
DRAWN BY.
AR
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Mo.r-ch t. 2002
V941491
OfFlcl,"1 Public Rocorc:ls
RrcU P....op@r'"-ty of
HarTis County. 'J'elto!l
(To Be Abanc:lonoal
20. \lISter and
'Jas'tttWCL"ter- [clSI!'"en1:
HllY 24. 211D2
V92838.
OrAc:la.l Public Rec:or-ds
R.a.l P,..ope,.ty or
llIlr1'1s County, T OX,"S
69.35 AcrtS
.J. E. Cook. OM wlFo.
Dorothy MGe CDok
To
City or L," Part.
Iktobc2f" lO, \9"
K1B4741
IlfFlclGl Public Rvcard.
RtpQ\ Prop.,..ty of
Ho.rrls Coun1:y. ril')CtUI
.JlJB NIl' 052791 B
DRIoIN-NAME. EXHIBITA2.DWG
CHECKED BY.
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PIQISDT_1f cntIIatRMJI MllNIlllflKfl&EIIIIRfDM 1M.
THE STATE OF TEXAS
COUN1Y OFtWlAIS
I....,..,......... flB).......s..-....... ""n
... _1;..... ~ IIClIIID. i.. _ NIl"'III11l1"1I111ai
CaliIIr- .
NOV 2 9 2006
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COUN1Y ClERK
HARRIS COUNTY. TEXAS
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SANITARY SEWER EASEMENT
(20' - 0.7435 Acres)
21~l}tC) 6li~) ~2 2 6 4- 2 "'::;f
11/29/2006 RP3 $36\;00
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THE STATE OF TEXAS ~
S
s
COUNTY OF HARRIS ~
KNO\V ALL MEN BY THESE PRESENTS:
'-
That 65 LA PORTE, LTD., a Texas limited partnership, ("Grantor"), for and in
consideration to Ten and no/1 00 Dollars ($10.00) and other good and valuable consideration paid
by tbe CITY OF LA PORTE ("Grantee"), a Municipal Corporation, the receipt and sufficiency
of which are hereby acknowledged and confessed, has this day GRANTED, BARGAINED,
SOLD AND CONVEYED and by these presents does GRANT, BARGAIN, SELL AND
CONVEY unto said Grantee, its successors and assigns, the perpetual right, privilege and
easement, with appropriate rights of ingress and reasonable working area for construction and
maintenance, to enter upon and construct, reconstruct, maintain, operate, inspect, replace, repair
and remove sanitary sewer pipelines together with all necessary related facilities and
improvements, over, across, through and under that certain tract or parcel of land lying and being
situated in Harris County, Texas, and being more particularly described on Exhibit "A" attached
hereto and made a part hereof for all purposes.
TO HAVE AND TO HOLD the above described easement, together with all and
singular tbe rights and appurtenances thereto in anywise belonging unto said Grantee, and its
successors or assigns, in accordance with the terms and conditions hereinabove set forth. The
Grantor does hereby bind itself, its successors or assigns to WARRANT AND FOREVER
DEFEND, all and singular the said easement unto the Grantee, and its successors or assigns,
against every person whomsoever lawfully claiming or to claim the same or any part thereof.
WITNESS THE EXECUTION HEREOF on this the l!.t!- day of Oct., 2006.
65 LA PORTE, LTD.,
A Texas limited pminership
By: NEHC PROPERTIES, INC.
A Texas corporation, its general pminer
FILes FaM RECORD
8:00AM
NOV .2 9 2006
~.d:~(w.../
County Clerk, Harris County. Texas
ACKNOWLEDGEMENT
The State of Texas 9
s
S
County of Harris 9
This instrument was acknowledged before me on the L '3 ~ay of O:tc:b.R-f' , 2006 by
JOE FOGARTY, President of NEHC PROPERTIES, INC., a Texas corporation, on behalf of
said corporation, as general partner of 65 LA PORTE, LTD., a Texas limited pminership, and
on behalf of said limited partnership.
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Mailin~ Address of Grantee
CITY OF LA PORTE
604 West Fairmont Parkway
La Porte, Texas 77571
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'TRACY J. lAPERRIERE
MY COMMISSION EXPIRES
September 27, 2008
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AFTER RECORDING,RETURN TO:
ASKINS & ARMSTRONG, P.C.
P.O. Box 1218
La Porte, TX 77572-1218
J
EXHIBIT !lA"
STATE OF TEXAS)
COUNTY OF HARRIS)
20' SANITARY SEWER EASEMENT)
DESCRIPTION of a 0.7435 of an acre ofland situated in the W. P. Harris Survey,
Abstract No. 30, Harris County, Texas out of and a part of that certain 41.992 acre tract
ofland conveyed by J. P. Morgan Chase Bank to 65 La Porte, LTD by Deed dated
September 12, 2002 and recorded under County Clerk's File No. W087976 of the
Official Public Records of Real Property of Harris County, Texas. This 0.7435 of an acre
is more particularly described by the following metes and bounds, to-wit:
!
NOTE: BEARlNGS ARE BASED ON DEED BEARINGS AND FOUND
MONUMENTS IN THE NORTH LINE OF THAT CERTAIN 3.00 ACRE TRACT OF
LAND CONVEYED BY SHAWN IBRAHIN, INe. TO 65 LA PORTE, LTD BY DEED
DATED OCTOBER 22, 2004 AND RECORDED UNDER HARRIS COUNTY
CLERK'S FILE NO. Y022502 OF THE OFFICIAL PUBLIC RECORDS OF REAL
PROPERTY OF HARRIS COUNTY, TEXAS; AND THOSE CERTAIN 16.856 ACRES
AND 5.754 ACRES, (TRACTS ONE AND TWO, RESPECTIVELY) AS CONVEYED
BY BEN F. WEEMS, ET AL, TO 65 LA PORTE, LTD, BY DEED DATED
NOVEMBER 12, 2002 AND RECORDED UNDER HARRIS COUNTY CLERK'S
FILE NO. W225686 OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY
OF HARRIS COUNTY, TEXAS. REFERENCE IS MADE TO MAP OF EVEN DATE
ACCOMJ> ANYING TillS METES AND BOUNDS, DESCRIPTION.
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COMI\1ENCING at a 5/8 inch iron rod for the Southeast corner of that certain 20.001
acre tract ofland conveyed to Bayforest Ranch, LTD by Deeds dated January 15,2003
and January 29,2003, and recorded under County Clerk's File Nos. W399440 and
W399441, respectively, of the Official Public Records of Real Property of Harris County,
Texas and the Southwest corner ofth.at certain 3.399 acre tract conveyed by J. E. Cook,
and wife, Dorothy Mae Cook, to City of La Porte by Deed dated October 10, 1986 and
recorded under County Clerk's File No. K78474l of the Official Public Records of Real
Property of Harris County, Texas, in the North line of said 41.992 acres.
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THENCE: WEST along the South line of said 20.001 acres and the North line of said
41.992 acres for a distance of 116.17 feet to a point for the Northernmost Northeast
comer and POINT OF BEGINNING of this tract.
THENCE: South 00006'22" East along the Northernmost East line of this tract for a
distance of20.00 feet to a point for an interior corner of this tract.
THENCE: EAST along the Easternmost North line of this tract for a distance of213.50
feet to a point for the Northeast corner of this tract.
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PAGE 2 - 0.7435 ACRE, 20' WIDE Si\NITARY SEWER EASEMENT.
THENCE: SOUTH along the Southernmost East line of this tract for a distance of
1201.55 feet to a point for the BEGINNING POINT of a curve to the right, concave
Westerly.
THENCE: Along and around said curve to the right, in a Southerly direction, along the
Southernmost East line of this tract, said curve having a radius of 3635.00 feet, a central
angle of 01 051 '16", and a chord bearing and distance of South 00055'38" West 117.65
feet, for an arc length of 117.65 feet to a point for the TERMINATION POINT of said
curve.
THENCE: South 01051 '16" West along the East line of this tract for a distance of66.08
feet to a point in the South line of said 41.992 acres and the North right-of-way line of
Wharton Weems Boulevard (Spur); right-of-way width varies; for the Southeast corner of
this tract.
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THENCE: South 87051' 16" West along the Easternmost South line of this tract, the
South line of said 41.992 acres and the North right-of-way line of said Wharton Weems
Boulevard (Spur) for a distance of 20.05 feet to a point for the Southernmost Southwest
corner of this tract.
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THENCE: North 01051' 16" East along the Southernmost West line of this tract for a
distance of 67.48 feet to a point for the BEGINNING POINT of a curve to the left,
concave Westerly.
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THENCE: Along and around said curve to the left, in a Northerly direction, along the
Southernmost West line of this tract, said curve having a radius of 3615.00 feet, a central
angle of 01 051 '16", and a chord bearing and distance of North 00055'38" East 117.00
feet, for an arc length of 117.01 feet to a point for the TERMINATION POINT said
~
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cur"e.
THENCE: NORTH along the Southernmost West line ofthis tract for a distance of
1181.55 feet to a point for an interior corner of this tract.
THENCE: WEST along the Westernmost South line ofthis tract for a distance of213.47
feet to a point for the Westernmost Southwest corner of this tract.
THENCE: North 00006'22" West along the Northernmost West line of this tract for a
distance of 40.00 feet to a 5/8 inch iron rod found in the North line of said 41.992 acres
and the South line of said 20.001 acres for the Northwest corner ofthis tract.
PAGE 3 - 0.7435 ACRE, 20' \VIDE Sl\NITARY SEWER EASEMENT.
THENCE: EAST along the Westemmost North line of this tract, the South line of said
20.001 acres and the North line of said 41.992 acres for a distance of20.00 feet to the
PLACE OF BEGTh.1NING and containing within these boundaries 0.7435 of an acre of
land.
SURVEYOR'S CERTIFICATE
I, Juliene Ramsey, Registered Professional Land Surveyor No. 4379, do hereby certify
that the foregoing field notes were prepared from an office survey made by me on May
10, 2006 and that all lines, boundaries and landmarks are accurately described therein.
WITNESS my hand and seal at Baytown, Texas, this the 1 ih day of May, A. D., 2006.
i ne Ramsey
gistered Professional Land Surveyor No. 4379
06-2791B.0. 7435ac.20'SS.fdn.doc
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20.0001 Acres
3/4 Undivided Interest
Ben F. lJeel'1s a. Mildendo Land Co.,
To Bayforest Ranch, L TD
January 15, 2003
1J399440
Official Pulolic Records
Real Property of
Harris County, Texas
20.0001 Acres
1/4 Undivided Interest
J. P. Morgan Chase Bank
To
Bay forest Ranch, LTD
January 29, 2003
1J399441
Official Pulolic Records
Real Property of
Harris County, Texas
NUMBER
C4
C6
DELTA ANGLE
01-51'16'
01-51'16'
Inc.
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PROPOSED
20' DRAINAGE
EASEMENT
0.4652 OF AN ACRE
CHORD DIRECTI
S 00-55'38' 'W
S 00-55'38' 'W
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Of
H
N fY.
100 SO 0 SO 100 .L
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p
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116.17' I~ n~tl S/a' \R
@.AO.OIY ,a' \R L4 ~ L 7 EAST 213.50'
~~~ ~ r ___ ___~
wL_______--, I
'WEST 213.4 7' I
NOTE 1: BEARINGS ARE BASED ON DEED BEARINGS AND FOUND
MONUMENTS IN THE NORTH LINE OF THAT CERTAIN TRACT OF LAND,
BEING 3.00 ACRES CONVEYED BY SHAWN IBRAHIN. INC. TO 65 LA
PORTE, LTD BY DEED DATED OCTOBER 22, 2004 AND RECORDED
UNDER HARRIS COUNTY CLERK'S FILE NO. Y022502 OF THE
OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF HARRIS COUNTY,
TEXAS; AND THOSE CERTAIN 16.856 ACRES AND 5.754 ACRES
(TRACTS ONE AND TWO, RESPECTIVELY) AS CONVEYED BY BEN F.
WEEMS, ET AL, TO 65 LA PORTE, LTD, BY DEED DATED NOVEMBER
12, 2002 AND RECORDED UNDER HARRIS COUNTY CLERK'S FILE
NO. W225686 OF THE OFFICIAL PUBLIC RECORDS OF REAL
PROPERTY OF HARRIS COUNTY, TEXAS.
NOTE 2: REFERENCE IS MADE TO THE METES AND BOUNDS
DESCRIPTION OF EVEN DATE ACCOMPANYING THIS PLAT.
41.992 Acres
J. P. Morgan Chase Bank
To
65 La Porte, L TD
Septel'1loer 12, 2002
1J087976
Official Pulolic Records
Real Property of
Harris County, Texas
PROPOSED
20' SANITARY
SE'w'ER EASEMENT
0.7435 OF AN ACRE
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SANITARY SEWER EASEMENT
(20' - 0.4943 Acres)
20()60226423
11/29/2006 RP3 ~32~OO
THE STATE OF TEXAS S
S
':\
COUNTY OF HARRIS S
KNOW ALL MEN BY THESE PRESENTS:
That 65 LA PORTE, LTD., a Texas limited partnership, ("Grantor"), for and in ~
consideration to Ten an dOlR1 OI1EO 0 PGo11 ars \~)l O.OMO) a~1d otlhcer good ~nd valluable "considderatf~l~ paid Of
by the CITY 0 F LA P T ( rantee , a U11lClpa orporatlOn, t 1e recelpt an su llclency
of which are hereby acknowledged and confessed, has this day GRANTED, BARGAINED,
SOLD AND CONVEYED and by these presents does GRANT, BARGAIN, SELL AND
CONVEY unto said Grantee, its successors and assigns, the perpetual right, privilege and
easement, with appropriate rights of ingress and reasonable working area for construction and
maintenance, to enter upon and construct, reconstruct, maintain, operate, inspect, replace, repair
and remove sanitary sewer pipelines together with all necessary related facilities and
improvements, over, across, through and under that certain tract or parcel of land lying and being
situated in Harris County, Texas, and being more particularly described on Exhibit "A" attached
hereto and made a part hereof for all purposes.
TO HAVE AND TO HOLD the above described easement, together with all and
singular the rights and appmienances thereto in anywise belonging unto said Grantee, and its
successors or assigns, in accordance with the terms and conditions hereinabove set fOlih. The
Grantor does hereby bind itself, its successors or assigns to WARRANT AND FOREVER
DEFEND, all and singular the said easement unto the Grantee, and its successors or assigns,
against every person whomsoever lawfully claiming or to claim the same or any part thereof.
'2") 7~rJ '
WITNESS THE EXECUTION HEREOF on this the ~ day ofOC-t. ~, 2006.
65 LA PORTE, LTD.,
A Texas limited partnership
By: NEHC PROPERTIES, INC.
A Texas corporation, its general partner
/"..
/15/]
V
Fllaa FOR RECORD
8:00AM
NOV 2 9 2006
~.d'~.~~/
County Ct.,\(. H.rris County, Texas
ACKNOWLEDGEMENT
The State of Texas 9
s
S
County of HalTis 9
This instrument was acknowledged before me on the2,?/Jday ofOc+DDe( , 2006 by
JOE FOGARTY, President of NEHC PROPERTIES, INC., a Texas corporation, on behalf of
said corporation, as general partner of 65 LA PORTE, LTD., a Texas limited parinership, and
on behalf of said limited partnership.
~
Mai ling Address of Grantee
CITY OF LA PORTE
604 West Fairmont Parkway
La Porte, Texas 77571
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AFTER RECORDING, RETURN TO:
ASKINS & ARMSTRONG, P.C.
P.O. Box 1218
La Porte, TX 77572-1218
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TRACY J. lAPERRIERE
MY COMMISSION EXPIRES
September 27, 2008
EXHIBIT "A"
STATE OF TEXAS)
COUNTY OF HARRIS)
20' SANITiillY SEVilER EASEMENT)
DESCPJPTION of a 0.4943 of an acre ofland situated in the W. P. Ha.-rris Survey,
Abstract No. 30, Harris County, Texas out of and a part of that certain 19.169 acre tract
ofland conveyed by F. Carrington Weems to 65 LaPorte, LID by Deed dated April 3,
2003 and recorded under County Clerk's File No. '"'\1566080 of the Official Public
Records of Real Property of Harris County, Texas. This 0.4943 of an acre is more
particularly described by the following metes and bounds, to-wit:
o
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NOTE: BEARINGS ARE BASED ON DEED BEARINGS AND FOUND
MONUMENTS IN THE NORTH LINE OF THAT CERTAIN 3.00 ACRE TRACT OF
LAND CONVEiTED BY SHAWN IBR.AHW, INC. TO 65 LA PORTE, LTD BY DEED
DATED OCTOBER 22,2004 AND RECORDED UNDER HARRIS COUNTY
CLERK'S F~E NO. Y022502 OF THE OFFICIAL PUBLIC RECORDS OF REAL
PROPERTY OF HARRIS COUNTY, TEXAS; AND THOSE CERTAIN 16.856 ACRES
AND 5.754 ACRES, (TRACTS ONE AND TWO, RESPECTIVELY) AS CONVE1TED
BY BEN F. "WEEMS, ET AL, TO 65 LA PORTE, LTD, BY DEED DATED
NOVEMBER 12, 2002 AND RECORDED UNDERHARRlS COUNTY CLERK'S
FILE NO. W225686 OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY
OF HARRIS COUNTY, TEXAS. REFERENCE IS MADE TO MAP OF EVEN DATE
ACCOMPANYING THIS METES AND BOUNDS, DESCRIPTION.
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COMMENCING at a 5/8 inch iron rod found in the South line of Garden Walk
Townhomes, Section One as recorded under County Clerk's File No. D644533 of the Plat
Records of Harris County, Texas, anhe Northeast comer of said 19.169 acres and the
Northwest comer of that certain 69.35 acres conveyed by J. E. Cook, and wife, Dorothy
Mae Cook, to City of La Porte by Deed dated October 10, 1986 and recorded under
County Clerk's File No. K784741 of the Official Public Records of Real Property of
Hairis County, Texas.
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THENCE: South 00002'53" West along the East line of said 19.169 acres and the West
line of said 69.35 acres for a distance of 11.14 feet to a point for the Northernmost
Northeast comer and POINT OF BEGJNNING of this tract.
THENCE: Along and with the boundary of said tract herein described, the following
courses and distances:
South 00002'53" West for a distance of20.00 feet;
South 89053 '38" West for a distance of 111.28 feet;
South 23043'54" West for a distance of374.43 feet;
South 00006'22" East for a distance of 503.48 feet;
South 45011 '02" East for a distance of 61.88 feet;
PAGE 2 - 0.4943 OF AN ACRE, 20' SANITARY SEWER EASEMENT.
South 00006'22" East for a distance of 8.34 feet to a point in the South
line of said 19.169 acres and the North line of that certain 20.001 acre tract ofland as
conveyed to Bayforest Ranch, LTD by Deeds dated January 15,2003 and January 29,
2003 as recorded under County Clerk's File Nos. W399440 and W399441, respectively,
of the Official Public Records of Real Property of Harris County, Texas. Said point
being the Southernmost Southeast corner of this tract; from which a Y:z inch iron rod
found for the Northeast corner of said 20.001 acres and the Northwest corner of that
certain 3.399 acres conveyed by J. E. Cook, and wife, Dorothy Mae Cook, to City of La
Porte by Deed dated October 10, 1986 and recorded under County Clerk's File No.
K784741 of the Official Public Records of Real Property of Harris County, Texas, bears
EAST 116.17 feet.
THENCE: WEST along the South line of this tract, the South line of said 19.169 acres
and the North line of said 20.001 acres for a distance of 20.00 feet to a point for the
Southernmost Southwest corner ofthis tract.
THENCE: Along and with the boundaries of said tract herein described, the following
courses and distances:
North 45011 '02" West for a distance of61.88 feet;
North 00006'22" West for a distance of 516.00 feet;
North 23043'54" East for a distance of391.68 feet;
North 89053 '38" East for a distance of 124.37 feet to the PLACE OF
BEGINNING and containing within these boundaries 0.4943 of an acre of land.
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SURVEYOR'S CERTIFICATE
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I, Juliene Ramsey, Registered Professional Land Surveyor No. 4379, do hereby certify
that the foregoing field notes were prepared from an office survey made by me on May
10, 2006 and that all lines, boundaries and landmarks are accurately described therein.
WITNESS my hand and seal at Baytown, Texas, this the 1 ih day of May, A. D., 2006.
eRarr~~Y ~
R .stered Professional Land Surveyor No. 4379
06- 2791 B. 0 .4943ac.20' S S .fdn.doc
R.ECOROER'S MEM,?RANDUM:
At the time .of recordation, thiS instrument Wfifi
found to be;lnadequate to; .~e ~t5:4 phof'X}'!,liJliie
reproductJon because 0, '!19glt:hy, ,;;a'OOf) 'tjf
pho!<? copy, discolored paper, el(j, All tl()ef~'~ii
addltion~ and changes were pre~~1lt ~I !Jlli; tin..
the Instrument was tiled and {800{ded:
Garden Walk
Townhomes
Section One
D644533
Pla t Records of
Harris County, Texas
WITNESS MY HAND AND SEAL AT BAYTOWN, TEXAS, THIS THE 17TH DAY OF
MAY, A. D., 2006.
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LAND SURVEYOR NO. 4379
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19.16~ Acres
F. Corrington IJee"s
To
65 La. Porte. L TD
April 3. 2003
\J566080
Official Public Records
Real Property of
Ha.rris County, Texas
PROPOSED
20' SANITARY
SEVER EASEMENT
0.4943 OF AN ACRE
NUMBER
l8
L9
L10
L11
L12
L13
L14
LIS
L16
DIRECTION
EAST
EAST
N 45"11'02" V
N 89"53'38" E
S 00"02'53"' V
S 00"02'53" V
S 89"53'38" V
S 45"11'02" E
S 00"06'22" E
DISTANCE
20.00'
96.17'
61.88'
124.37'
11.14'
20.00'
111.28'
61.88'
8.34'
NOTE 1: BEARINGS ARE BASED ON DEED BEARINGS AND FOUND
MONUMENTS IN THE NORTH LINE OF THAT CERTAIN TRACT OF LAND,
BEING 3.00 ACRES CONVEYED BY SHAWN IBRAHIN, INC. TO 65 LA
PORTE, lTO BY DEED DATED OCTOBER 22, 2004 AND RECORDED
UNDER HARRIS COUNTY CLERK'S FilE NO. Y022502 OF THE
OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF HARRIS COUNTY,
TEXAS; ANO THOSE CERTAIN 16.856 ACRES AND 5.754 ACRES
(TRACTS ONE ANO TWO, RESPECTIVELY) AS CONVEYED BY BEN F.
WEEMS, ET AL, TO 65 LA PORTE, lTD, BY DEED DATED NOVEMBER
12, 2002 AND RECORDED UNDER HARRIS COUNTY CLERK'S FilE
NO. W225686 OF THE OFFICIAL PUBLIC RECORDS OF REAL
PROPERTY OF HARRIS COUNTY, TEXAS.
NOTE 2: REFERENCE IS MADE TO THE METES AND BOUNDS
DESCRIPTION OF EVEN DATE ACCOMPANYING THIS PLAT.
20.0001 Acres
3/4 Undivided Inter'"est
Ben F. VeeMs .. Hildendo Lana Co.. Inc.
To
Bayforest Ra.nch. L TD
January 15. 2003
\.1399""'0
Official Public Records
Reo I Property of'
HQrris County. T eXGS
SCALE: 1 INCH
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20' 'win tel" Qnd
Wastewater Eose,.,ent
Horch I. 2002
V947481
OF fidal Public Records
RllOl Propllrty of
Harris County. Texas
f,,1l
20.0001 Acres
1/4 Undivided Interest
J. P. Horgon Chose Dank
To
DoyF'orest Ranch, L TD
January 29. 2003
\J399441
OF'ficlnl Public Records
Reol Property of
Ha.rrls County, Tllxns
PROPOSED
20' DRAINAGE
EASEMENT
0.4652 OF AN ACRE
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BHA-HUTCHISON &: ASSOCIATES
U~, P LT'AR'R'T0 STTDT7PY -EXISTINGT ,--ell
,,~ ABS;RAC~ NO~n;;. 16'U.E. I r-m-I
I, JUlIENE RAMSEY, REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4379, 1111 I
DO HEREBY CERTIFY THAT THIS PLAT DELINEATES THE RESULTS Of AN OFFICE
SURVEY MADE BY ME ON MAY, 10, 2006 OF THE 0.4943 OF AN ACRE SHOWN I I
HEREON, AND THAT All LINES, BOUNDARIES AND LANDMARKS ARE ACCURATELY ,;..1 I
DESCRIBED HEREON, ~ I
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ENGINEERS . SURVEYORS
1209 DECKER DRIVE, BAYTO\JN, TEXAS
281/422-8213
SCALE,
DRA\JN BY,
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100
69.35 Acres
J. E. Cook. nnd wife,
Dorothy Hoe Cook
To
City of Ln Porte
October la, 1~86
K784741
OFFicial Public Records
Real Property of
Harris County. Texas
20' \/0 ter and
\J'nstewo.ter Easertent
Ho.rch I, 2002
V94 7481
Of Flclol Public Records
Real Property of
Harris County, T exo.s
1"
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JOB NO.' 052791 B
DR\JN-NAME, EXHIBITA 1.DWG
CHECKED BY,
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PlQlSllYDlElJQ1/IlJIIWlIIrtWIlNIIlllUm&ElJIIIlfUM. 1M.
THE STATE OF TEXAS
COUNTY OF IWVU8
I ~.".......... FUDIt........... II.. III II...
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NOV 2 9 2006
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COUNlY Cl.EAK
HARRIS COUNTY, TEXAS
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SANITARY SEWER EASEMENT
(20' - 0.0266 Acres)
200160226424-
11129/2006 RP3 $32.00
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THE STATE OF TEXAS S
9
COUNTY OF HARRIS S
KNOW ALL MEN BY THESE PRESENTS:
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That 65 LA PORTE, LTD., a Texas limited partnership, ("Grantor"), for and in
consideration to Ten and no/1 00 Dollars ($1 0.00) a~l~ other good ~nd valuable .consideratio~ paid \ () n
by the CITY OF LA PORTE ("Grantee"), a MUl1lCIpal CorporatIOn, the receIpt and sufficIency \-~
of which are hereby acknowledged and confessed, has this day GRANTED, BARGAINED,
SOLD AND CONVEYED and by these presents does GRANT, BARGAIN, SELL AND
CONVEY unto said Grantee, its successors and assigns, the perpetual right, privilege and
easement, with appropriate rights of ingress and reasonable working area for construction and
maintenance, to enter upon and construct, reconstruct, maintain, operate, inspect, replace, repair
and remove sanitary sewer pipelines together with all necessary related facilities and
improvements, over, across, through and under that certain tract or parcel of land lying and being
situated in Ranis County, Texas, and being more pmiicularly described on Exhibit "A" attached
hereto and made a part hereof for all purposes.
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TO HAVE AND TO HOLD the above described easement, together with all and
singular the rights and appurtenances thereto in anywise belonging unto said Grantee, and its
successors or assigns, in accordance with the terms mld conditions hereinabove set forth. The
Grantor does hereby bind itself, its successors or assigns to WARRANT AND FOREVER
DEFEND, all and singular the said easement unto the Grantee, and its successors or assigns,
against every person whomsoever lawfully claiming or to claim the same or any part thereof.
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WITNESS THE EXECUTION HEREOF on this th~~ day of ()c /\. , 2006.
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65 LA PORTE, LTD.,
A Texas limited partnership
By: NEHC PROPERTIES, INC.
A Texas corporation, its general pminer
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FILeD FOR RECORD
8:00 AM
NOV 2 9 2006
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County Clerk, Hlrrla County, Texas
ACKNOWLEDGEMENT
The State of Texas 9
9
County of Harris 9
272~
This instrument was acknowledged before me on the ~ day ofOC-+r~r ,2006 by
JOE FOGARTY, President of NEHC PROPERTIES, INC., a Texas corporation, on behalf of
said corporation, as general pminer of 6S LA PORTE, LTD., a Texas limited pminership, and
on behalf of said limited pminership.
Mailing Address of Grantee
CITY OF LA PORTE
604 West Fairmont Parkway
La POlie, Texas 77571
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TRACY J.LAPERRIERE
MY COMMISSION EXPIRES
September 27, 2008
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AFTER RECORDING, RETURN TO :J' /
ASKINS & ARMSTRONG. P.C.
P.O. Box 1218 \
La Porte, TX 77572-1218 .
EXHIBIT "A"
STATE OF TEXAS)
COUNTY OF HARRIS)
20' SANITARY SEWER EASEMENT)
DESCRlPTION ofa 0.0266 of an acre ofland situated in the W. P. Harris Survey, . 01 .
Abstract No. 30, Harris County, Texas out of and a part of that certain 20.1190 acre tract
(Tact Four), conveyed by F. Carrington Weems to 65 La Port, LTD, by deed dated April
3,2003 and recorded in County Clerk's FlleNo. W566080 of the Official Public Records
of Real Property of Hams County, Texas. This 0.0266 of an acre is more particularly
described by the following metes and bounds, to-wit: t .
NOTE: BEARINGS ARE BASED ON DEED BEARINGS AND FOUND .
MONUMENTS IN THE NORTII LINE OF mAT CERTAIN 3.00 ACRE TRACT OF
LAND CONVEYED BY SRA WN ffiRAHIN, INC. TO 65 LA PORTE, LID BY DEED
DATED OCTOBER 22,2004 AND RECORDED UNDER HARRIS COUNfY
CLERK'S FILE NO. Y022502 OF THE OFFICIAL PUBLIC RECORDS OF REAL
PROPERTY OF HARRIS COlWIT, TEXAS; AND THOSE CERTAIN 16.856 ACRES
AND 5.754 ACRES, (TRACTS ONE AND 1WO, RESPECTIVELY) AS CONVEYED
BY BEN F. WEEMS, ET AL, TO 65 LAPORTE, LTD, BY DEED DATED
NOVEMBER 12, 2002 AND RECORDED UNDER HARRIS COUNTY CLERK'S
FILE NO. W225686 OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY
OF HARRlS COUNTY, 'mXAS. REFERENCE IS MADE TO MAP OF EVEN DATE
ACCOMP ANYlNG TIllS METES AND BOUNDS, DESCRlPTION.
COMMENCING at a 5/8 inch iron rod found in the East right-of-way line of State
Highway 146 (right-of-way width varies) at the Northwest corner of that certain 20.1190
acre" tract, and the Southwest comer of said :Harris County Flood ContI:ol District
Easement.
TIIENCE: South 70017~ 17" East along the South line of said Harris County Flood
Control District Easement and the North line of said 20.1190 acres for a distance of
525.95 feet to a point for the Northwest comer and POINT OF BEGINNING of this tract.
THENCE: Continue South 79017' 17" East along the North. line of this tract, the South
line of said Harris County Flood Control District Easement and theNOrth line of said
20.1190 acres for a distaOce of35.39 feet to a * inch iron rod found for the Northeast
comer of this tract, the N orthe~ comer -of said 20.1190 acre tract, and an interior comer .
of said Hanis County Flood Control District EaSement. .
PAGE 2 - 0.0266 ACRE, 20' WIDE SANITARY SEWER EASEMENT.
1HENCE: South 35052'19" East along the North line oftbis tract, the South line of said
Harris County Flood Control District Easement and theNortb.line of said 20.1190 acres
for a distance of 43.28 feet to a point for the Southeast or East comer of this tract, and the
North or Northeast comer of a 20 foot wide Water & Wastewater Easement cOnveyed by
F. Carrington Weems to City of La Port by deed dated March 1, 2002 and recorded in
County Clerk's File No. V947479 of the' Official Public Records of Real Property of
Harris County, Texas.
TIffiNCE: South 54007'41 " West along the Southeast or East line of this tract, the North
or Northwest line of said 20 foot wide Water & Wastewater Easement for a distance of
20.00 feet to a point in the South or Southwest comer of this tract, and the West or
Northwest Comer of said 20 foot wide Water & Wastewater Easement.
TIIENCE: North 35052'19" West along the Southwest or West line oftbis tract for a
distance of72.47 feet to the PLACE OF BEGINNING and containing within these
boundaries 0.0266 of an acre ofland.
SURVEYOR'S CERTIFICATE
~
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I, Juliene Ramsey, Registered Professional Land Smveyor No. 4379, do hereby certify
that the foregoing field notes were prepared from an office survey made by me on August
9,2006 and that aU lines, boundaries and landmarks are accurately described therein.
WITNESS my hand and seal at Baytown, Texas, this the 9th day of August, A. D., 2006.
~
Registered Professional Land 'Jrveyor No. 4379
06-2791B.O. 0266ac.20' SS .fdn.doc
R'S MEMORANDUM:
RECORDE , this instrument wa,$
At the time ot recordat'tonihe best photographIC
f nd to be inadequate or, 'l carbon or
~eproduction be~aus~ ~~~~I~:C~ All blockqut$
phot~ copy, dd\SC~'~~~s w~re present at the timt
additlons an en t-was filed and recorded.
the Instrumen
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PROPOSED
<~ < 20' SANITARY
0- ('3..p SEI,/ER EASEMENT
/ . 0.0526 OF AN ACRE
~~ .
"
0.0266 OF
AN ACRE
80
30
o
30
80
9.075 ACRES
TRACT THREE
F. CARRINGTON IJEEMS
TO
65 LA PORTE. L TD
APRIL 3, 2003
CCF ijIJ566080
OFFICIAL PUBLIC RECORDS
OF REAL PROPERTY
HARRIS COUNTY. TEXAS
fY. P. HARRIS SURVEY
ABSTRACT NO. 30
20' IJATER ~ IJASTEIJATER EASEMENT
F. CARRINGTON IJEEMS
TO
CITY OF lA PORTE
MARCH 1, 2002
CCF ijV947479
OFFICIAL PUBLIC RECORDS
OF REAL PROPERTY
HARRIS COUNTY, TEXAS
I, JULlENE RAMSEY, REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4379,
DO HEREBY CERTIFY THAT THIS PLAT DELINEATES THE RESULTS OF AN OFFICE
SURVEY MADE BY ME ON AUGUST, 9, 2006 OF THE 0.0266 OF AN ACRE SHOWN
HEREON, AND THAT ALL LINES, BOUNDARIES AND LANDMARKS ARE ACCURATELY
DESCRIBED HEREON.
~~
SCALE: I /HCH
FNU 5/8' IR
60
I14RRIS
COUtvrr ,..
(OO/) CliO'
vO(U,.,~tvrRO( WI/)t
" /)t 664 /)ISr
4RRIst/) Rt p4c'pCr /)
COulVFOR/)S 439 R411V4r
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' tX4S 4Stf1tlVr
F\'ID 5/8' IR
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WITNESS MY HAND AND SEAL AT BAYTOWN, TEXAS, THIS THE 9TH DAY OF
AUGU J, A. D., ~O~
JULI E RAMSEY ~
REGISTERED PROFESSIONAL LAND S~VEYOR NO. 4379
PROPOSED
20' SANIT ARY
SEVIER EASEMENT
0.0526 OF AN ACRE
NUMBER
L28
L29
L30
L31
DIRECTION
S 70'17'17' E
S 35'52'19' E
S 54'07'41' IJ
N 35'52'19' IJ
DISTANCE
35.39'
43.28'
20.00'
72.4 7'
20.1190 ACRES
TRACT FOUR
F. CARRINGTON IJEEMS
TO
65 LA PORTE, UD
APRIL 3, 2003
CCF ijIJ566080
OFFICIAL PUBLIC RECORDS
OF REAL PROPERTY
HARRIS COUNTY, TEXAS
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IJATER ~ IJASTEIo'ATER EASEMENT
F. CARRINGTON Io'EEMS
TO
CITY OF LA PORTE
MARCH 1, 2002
CCF ijV947480
OFFICIAL PUBLIC RECORDS
OF REAL PROPERTY
HARRIS COUNTY, TEXAS
QUIT -CLAIM DEED
60.35 ACRES
TRACT III
J. E. COOK, ET AL
TO
CITY OF LA PORTE
OCTOBER 10, 1986
CCF ijK78474l
OFFICIAL PUBLIC RECORDS
OF REAL PROPERTY
HARRIS COUNTY, TEXAS
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NOTE 1: BEARINGS ARE BASED ON DEED BEARINGS AND FOUND
MONUMENTS IN THE NORTH LINE OF THAT CERTAIN TRACT OF LAND,
BEING 3.00 ACRES CONVEYED BY SHAWN IBRAHIN, INC. TO 65 LA
PORTE, LTO BY DEED DATED OCTOBER 22, 2004 AND RECORDED
UNDER HARRIS COUNTY CLERK'S FILE NO. Y022502 OF THE
OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF HARRIS COUNTY,
TEXAS; AND THOSE CERTAIN 16.856 ACRES AND 5.754 ACRES
(TRACTS ONE AND TWO, RESPECTIVELY) AS CONVEYED BY BEN F.
WEEMS, ET AL, TO 65 LA PORTE, LTD, BY DEED DATED NOVEMBER
12, 2002 AND RECORDED UNDER HARRIS COUNTY CLERK'S FILE
NO. W225686 OF THE OFFICIAL PUBLIC RECORDS OF REAL
PROPERTY OF HARRIS COUNTY, TEXAS.
NOTE 2: REFERENCE IS MADE TO THE METES ANO BOUNDS
OESCRIPTION OF EVEN DATE ACCOMPANYING THIS PLAT.
SCALE.
BHA-HUTCHISON & ASSOCIATES
ENGINEERS . SURVEYORS
1209 DECKER DRIVE, BAYTOI./N, TEXAS
281/422-8213
DRAI./N BY.
1"
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JOB NO, 052791B
DRI./N-NAME. EXHIBITA6.DWG
CHECKED BY,
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THE STATE Of TEXAS
COUNTY OF HARRIS
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NOV 2 9 2006
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COUNlY CLEAK
HARRIS COUNTY, TEXAS
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\#62.8383
EASEMENT
STATE OF TEXAS
COUNTY OF HARRIS
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07111/02 101879162 1/926383 m. ()()
That Ben F. Weems, Sturgis & Company and J. P. Morgan Chase Bank,
Successor to First City National Bank at Houston, as Trustees at the Ben F. Weems
Trust (hereinafter collectively sometimes referred to as "Grantor") for and in
consideration of the sum of Ten Dollars ($10.00) and other good and valuable /
consideration in hand paid by the City at La Porte, a municipal corporation (hereinafter /~
sometimes referred to as "Grantee" or "City"), the receipt and sufficiency of which is
hereby acknowledged and confessed, and subject to the matters set forth or referred to
herein, has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT,
SELL AND CONVEY, unto Grantee, its successors and assigns, an exclusive and
permanent and perpetual easement and right~of~way (the "Easement") the perpetual
right, privilege and easement, with appropriate rights of ingress and reasonable working
area for construction and maintenance, to enter upon and construct, reconstruct,
maintain, operate, inspect, replace, repair and remove water and wastewater facilities,
together with all necessary improvements over, across, through and under that certain
tract or parcel of land lying and being situated in the State of Texas and County of
Harris (being herein collectively referred to as the "Property"), more particularly
described by metes and bounds on the attached Exhibit "A", and shown on the map
attached as Exhibit "B".
This conveyance of the Easement is made and accepted subject to any and all
matters, rights-at-way, easements, and all outstanding mineral and royalty interests, if
any, affecting the Property, of record in the Office of the county Clerk at Harris County,
Texas, to the extent, but only to the extent, the same are now in force and effect and
relate to the Property and are enforceable against a political subdivision of the State of
Texas.
This conveyance of the Easement is further made and accepted expressly
subject to the following matters:
1. Grantor reserves to itself, its successors and assigns, all oil, gas and other
minerals in, on or under the Property, but waives all rights of ingress and egress for the
propose of exploring, developing, mining or drilling for the same; provided, however,
nothing in this reservation shall prohibit or in any manner restrict the right of Grantor, its
successors and assigns, to develop the Property for oil and gas by directional drilling
from a nearby site, except that nothing contained herein shall authorize Grantor, its
successor and assigns, to remove sand, soil, gravel or stone from the Property without
the prior written consent and approval of Grantee.
2. Grantor reserves to itself, its successors and assigns, the right to
construct across (but not laterally within) the Property any and all roads, rail lines,
Poreo' 2
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mains, bridges and other facilities and structures for rail transportation and/or utility
purposes (hereinafter collectively referred to as "Improvements"), together with the right
of ingress and egress over, upon, across and through the Property for purposes of
constructing, installing, maintaining and removing such Improvements; provided,
however, that nothing herein contained shall be construed as reserving to Grantor a
right superior to the Easement herein granted, it being understood and agreed that the
rights retained by Grantor are subordinate and inferior to the rights of Grantee and all
such Improvements shall be constructed and maintained, and any removal thereof
performed, so as not to interfere with the paramount right of use of the Property for the
purposes described above, and provided further, that the plans for such Improvements
shall be submitted to, and approved by Grantee in writing prior to the start of
construction of such Improvements.
3. Grantee may delegate its rights hereunder to an owner of any property
located adjacent or contiguous to the Property or an owner of any property that would
be drained in whole or in part by the Easement contemplated herein; provided,
however, that no construction or installation of drainage facilities within the Property
may be commenced unless and until written approval is obtained from Grantee as to the
plans and specifications for such drainage facilities.
TO HAVE AND TO HOLD the Easement, together with all and singular the rights
and appurtenances thereto in anywise belonging, unto Grantee, its successors and
assigns, forever; and, subject to all of the matters set forth or referred to herein, Grantor
does hereby bind itself, its successors and assigns to WARRANT AND FOREVER
DEFEND all and singular the Easement unto Grantee, its successors and assigns,
against every person whomsoever lawfully claiming or to claim the same or any part
thereof by, through or under Grantor, but not otherwise.
IN TESTOMY WHEREOF, this instrument is executed effective as of th~f:!
day of l'MV\ , 2002.
I
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Ben F. Weems /0(0
STURGIS & COMPANY (DR-
BY:c2L, C1V~
Title: P~..c:rT r- ''''7- ~ 4- \
Parcel 2
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J. P. MORGAN CHASE BANK. Successor to 2IIj'V
First City National Bank of Houston, Trustee of tf'v
the Ben F. Weems Trust
By: ~~ ~~
Title: 14-. ,. rA-J/ r /~ t!'s i J)E J../ r
STATE OF CD.I~ ~
COUNTY OF ~~
Before me, the undersigned authority, on this day personally appeared Ben F.
Weems, known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same for the purposes and
considerations therein expressed.
Given under my hand and seal of office this
,2002.
STATE OF tJlm~ ~
COUNTY OF bLW ~
I.ly Commission Expires 11105.'2003
() . Before me, the u91dersignecj authority, on this day personally appeared
[l.h 1. ~\ JP,/'f'l\ ,11.e.S (bf~~-r of Sturgis & Company known to me to be
the person whose name is subscribed to the foregoing instrument, and acknowledged to
me that he executed the same for the purposes and considerations therein expressed.
Given under my hand and seal of office thisd~ day of ~ ' 2002.
~<(.\?)!:.A..(Jh
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I.ly Commission Expires 11/05/2003
Parcel 2
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STATE OF '1~ S
COUNTY OF ~'s ~
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" Bef~re me, the undersigned authority, on this day personally appeared JfEt/erJ
P. bcMl~ . f}~.JM'rf1l.LIJ/iJiAJ of J. P. Morgan Chase Bank, Successor to
First City National Bank of Houston, as Trustee of the Ben F. Weems Trust. known
to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes and considerations
therein expressed.
Given under my hand and seal of office this .)O.J:J>. day of :S...,.ve." , 2002.
~~\~t~~
DELPHINE W. BERRY
NOTARY PUBLIC
STATE OF TEXAs
My Camm. Exp. 4-20'2006
FILE FOR RECORD
8:00 AM
JUL 11 2002
.:tJ-ug:4~
County Clerk. Harris County, Texas
1\DD;RESS OF GRANTEE I
CITY OF LA PORTE
604 W. Fairmont Parkway
La Porte, TX 77571
AFTER RECORDING RETURN TO:
PREPARED IN THE OFFICE OF:
ASKINS & ARMSTRONG, P.C.
P. O. Box 1218
La Porte, TX 77572-1218
ASKINS & ARMSTRONG, P.C.
P. O. Box 1218
La Porte, TX 77572-1218
Parcel 2
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EXHIBIT "A"
~.IETES & BOUNDS DESCRIPTION
20 FEET WIDE SEWER LINE EASE~1ENT
Being a 20.00 feet .,ide ea~ement across that certain call 20.00 acre tract ofland D
compriSing part of the Town of La Porte (Vol. 60, Page 112, H.C.D.R. ), Johnson Hunter
Survey, A-35 Harris County, Texas. The 20.00 acre tract being described as Parcel 2 in exhibit A
according to the instrument recorded in Harris County Clerk's 'File No. L798942, Film Code 124-
,75-1499. The 20 feet wide easement containing 0.4615 acres ofland is more particularly described
by metes and bounds as follows;
Beginning at the Northeast comer of Parcel 2 and the Northeast comer ofthis easement; from
which a 5/& inch iron rod was found to bear West - 0.08 feet; said point being the Southeast
. corner of a call19.169 acre tract called Parcell as described in the instrument recorded under
H.C.C.F. No. L79894i.
Thence, S 00 degrees 00 minutes 51 seconds W ( call South ); coincident with the East boundary ,
line of Parcel 2 and the West boundary line of that certain call 3.399 acre tract ofland as described
in the instrument recorded under H.C.C.F. No. K184741; a distance of\013.01 feet to a 5/8 inch
iron rod found for the Southeast corner of Parcel 2 and the Southeast corner of this easement.
Thence, West; coincident with the South boundary line ofParcelZ and the North boundary line of
11 call 41.992 acre tract of land descn'bed as Parcel 3 according to the instrument recorded under
H.C.C.F. No. L798940; a distance of20.00 feet to a point for the Southwest comer of this 20.00
feet wide sewer line easement.
Thence, N 00 degrees 00 minutes 51 seconds E; parallel with the East boundary line ofParcel2; a
distance of 1,013.01 fet:t to a point for the Northwest comer of this easement. ,
'Thence, East; coincident ~ith the North boundary line of Parcel 2 and the 'South boundary line
,of the aforementioned 20.00 acre tract described-as Parcell; a distance of20.00 feet
RETURNlNG TO THE POINT OF BEGINNING.
(Bearings are referenced to the East boundary line of that certain called Parcel 3 (41.992 Acres) as
described in the instrument recorded under Harris County Clerk's File No. L798940 or Harris
Countv ler' F' Code No. 4-75-1468.)
H. ' arIos Smith
Tex. Reg. Prof. Surveyor No. 1228
Date: February 10,1999
Project #3182-98
REVISED: IvlARCH 21,2000
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PROP!ilIllECAUlf Of COlMIlI RACE d ~lIAJ111I11l.~Wll! 11>>011 !!<<IIlll'!.
THE STAlE OF TEXAS
COUIllY OF HARRIS
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COUNTY CLERK
HARRIS COUNTY. TEXAS
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EASEMENT
STATE OF TEXAS
COUNTY OF HARRIS
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07/11/02 101879163 1,1928384
$21.00
That Ben F. Weems, Sturgis & Company and J. P. Morgan Chase Bank,
Successor to First City National Bank of Houston, as Trustees of the Ben F. Weems
Trust (hereinafter collectively sometimes referred to as "Grantor") for and in
consideration of the sum of Ten Dollars ($10.00) and other good and valuable
consideration in hand paid by the City of La Porte, a municipal corporation (hereinafter ~
sometimes referred to as "Grantee" or "City"), the receipt and sufficiency of which is
hereby acknowledged and confessed, and subject to the matters set forth or referred to
herein, has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT,
SELL AND CONVEY, unto Grantee, its successors and assigns, an exclusive and
permanent and perpetual easement and right-of-way (the "Easement") the perpetual
right, privilege and easement, with appropriate rights of ingress and reasonable working
area for construction and maintenance, to enter upon and construct, reconstruct,
maintain, operate, inspect, replace, repair and remove water and wastewater facilities,
together with all necessary improvements over, across, through and under that certain
tract or parcel of land lying and being situated in the State of Texas and County at
Harris (being herein collectively referred to as the "Property"), more particularly
described by metes and bounds on the attached Exhibit "A", and shown on the map
attached as Exhibit "B".
This conveyance of the Easement is made and accepted subject to any and all
matters, rights-ot-way, easements, and all outstanding mineral and royalty interests, if
any, affecting the Property, of record in the Office of the county Clerk of Harris County,
Texas, to the extent, but only to the extent, the same are now in force and effect and
relate to the Property and are enforceable against a political subdivision of the State of
Texas.
This conveyance of the Easement is further made and accepted expressly
subject to the following matters:
1. Grantor reserves to itself, its successors and assigns, all oil, gas and other
minerals in, on or under the Property, but waives all rights of ingress and egress for the
propose of exploring, developing, mining or drilling for the same; provided, however,
nothing in this reservation shall prohibit or in any manner restrict the right of Grantor, its
successors and assigns, to develop the Property for oil and gas by directional drilling
from a nearby site, except that nothing contained herein shall authorize Grantor, its
successor and assigns, to remove sand, soil, gravel or stone from the Property without
the prior written consent and approval of Grantee.
Parcel 8
FILE FOR RECORD
8:00 AM
JUL 1 1 2002
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County Clerk, Harris County, Texas
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2. Grantor reserves to itself, its successors and assigns, the right to
construct across (but not laterally within) the Property any and all roads, rail lines,
mains, bridges and other facilities and structures for rail transportation and/or utility
purposes (hereinafter collectively referred to as "Improvements"), together with the right
of ingress and egress over, upon, across and through the Property for purposes of
constructing, installing, maintaining and removing such Improvements; provided,
however, that nothing herein contained shall be construed as reserving to Grantor a
right superior to the Easement herein granted, it being understood and agreed that the
rights retained by Grantor are subordinate and inferior to the rights of Grantee and all
such Improvements shall be constructed and maintained, and any removal thereof
performed, so as not to interfere with the paramount right of use of the Property for the
purposes described above, and provided further, that the plans for such Improvements
shall be submitted to, and approved by Grantee in writing prior to the start of
construction of such Improvements.
3. Grantee may delegate its rights hereunder to an owner of any property
located adjacent or contiguous to the Property or an owner of any property that would
be drained in whole or in part by the Easement contemplated herein; provided,
however, that no construction or installation of drainage facilities within the Property
may be commenced unless and until written approval is obtained from Grantee as to the
plans and specifications for such drainage facilities.
TO HAVE AND TO HOLD the Easement, together with all and singular the rights
and appurtenances thereto in anywise belonging, unto Grantee, its successors and
assigns, forever; and, subject to all of the matters set forth or referred to herein, Grantor
does hereby bind itself, its successors and assigns to WARRANT AND FOREVER
DEFEND all and singular the Easement unto Grantee, its successors and assigns,
against every person whomsoever lawfully claiming or to claim the same or any part
thereof by, through or under Grantor, but not otherwise.
IN TESTOMY WHEREOF, this instrument is executed effective as of the~
day of (Y\A 1-' 2002.
c:a~. ~~
Ben F. Weems
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STURGIS & COMPANY jorv
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Parcel 8
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J. P. MORGAN CHASE BANK, Successor to '2..tJ(t.-
First City National Bank of Houston, Trustee of c:;r
the Ben F. Weems Trust
By: ~~~
Title: -5 S I' r. "'" r . ':: IjfE-r/a.-/V r
STATE OF CJJ[~ S
COUNTY OF kltlw ~
Before me, the undersigned authority, on this day personally appeared Ben F.
Weems, known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same for the purposes and
considerations therein expressed.
Given under my hand and seal of office this dfh'- day 0
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,2002.
STATE OF fDlmlv ~
COUNTY OF J;nvw ~
i.1y Commission Expires 11105.'2003
fl. "B.'1fore f!le, the lW.d~rsjgn~ authority, on this day personally appeared
~, ~ of Sturgis & Company known to me to be
the person whose name is subscribed to the foregoing instrument, and acknowledged to
me that he executed the same for the purposes and considerations therein expressed.
Given under my hand and seal of office thisL da , 2002.
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lAy Commlsslon ExpIres 11/05,'2003
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STATE OF 'l~ S
COUNTY OF ~'.s ~
Befo e me, the undersigned auth9r!ty, on this day personally appeared ~
. ,Pmir.WdlAj~M-of J. P. Morgan Chase Bank, Successor to
irst City National Bank of Houston, as Trustee of the Ben F. Weems Trust, known
to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes and considerations
therein expressed.
Given under my hand and seal of office this di)l:b-day of ~ ,2002.
~!lsm~
ADDRESS OF GRANTEE:
CITY OF LA PORTE
604 W. Fairmont Parkway
La Porte, TX 77571
AFTER RECORDING RETURN TO:
ASKINS & ARMSTRONG, P.C.
P. O. Box 1218
La Porte, TX 77572-1218
PREPARED IN THE OFFICE OF:
ASKINS & ARMSTRONG, P.C.
P. O. Box 1218
La Porte, TX 77572-1218
Parcel 8
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EXHIBIT "Au
:tvIETES & BOUNDS DESCRIPTION
20 FEET WIDE SE\VER LINE EASENlENT
Being a 20.00 feet wide easement across that certain call 8. 754 acre tract ofland ()
comprising part of the Town of La Porte ( Vol. 60, Page 112, H.C.D.R. ), W. P. Rarris Survey, -V
A-30 Harris County, Texas. The 8.754 acre tract being "descn'bed as Parcel 8 in exhibit A'
accordiDg to the instrument recorded in Harris County Clerk's File No. L798942, Film Code 124-
7;-1499. The 20 feet wide easement containing 0.3046 acres ofland is more particularly described
by metes and bounds as follows; .
BEGINNING at a 5/8 inch iron rod found for the Northeast comer of Parcel 8; said point
being coincident with the South right-of-way line of Wharton Weems Boulevard as described in
the instrument recorded under H.C.C.F. No. ES6316S and being coincident with the Northwest
comer of Parcel 7 as descn'bed in the instrument recorded under H.C.C.F. No. L798942.
Thence; South; coincident with the East boundary line of Parcel 8 and the West boundary line of
Parce17; a distance of 485.74 feet (call 485.S3 feet) to a 5/8 inch iron rod found for the
Southeast corner of Parcel 8.
Thence, N 89 degrees 46 minutes 11 seconds W ( call N' 89 degrees 44 minutes 02" W );
coincident with the most Northerly South beundaxy line of ParcelS and the Northerly boundary
line of a 69.35 acre tract described in the instrument recorded under H.C.C.F. No. K784741; a
distance of.99.94 feet (callIOO.OO fe,et) to a 5/8 inch iron rod found for comer.
Thence, S 12 degr<;es 55 minutes 31 seconds W (call S 12 degrees S5 minutes 28 seconds W);
coincident with the East boundary line of Parcel 8 and the West boundary line of the
aforementioned 69.35 acre tract; a distance of 79.97 feet (can 80.00 feet) to a 5/8 inch iron rod
foUnd for the most Westerly Southeast comer of Parcel g and the Northeast corner of Parcel 9 as
described in the instrument recorded under H.C.C.F. No. L798941.
Thence, N 89 degrees 44 minutes 02 seconds W; coincident with the South boundary line of ,
Parcel 8 and the North boundary line of the aforementioned Parcel 9; a distance of20.50 feet to a
point for the Southwest comer of this easement.
Thence, N 12 degrees S5 minutes 31 seconds E; parallel ~ith the East boundary line of Parcel 8; a
distance of 100.46 feet to a point for comer.
Thence, S 89 degrees 46 minutes 11 seconds E; parallel with the mos't Northerly South boundary
tine of Parcel 8; :i distance of9;.86 feet to a point for comer.
PAGE 1 OF 2
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Thence, North; parallel with the East b()undaxy line of Parcel 8; a distmce of 464.91 feet to a
point for the Northwest comer of this easement.
Thence, N 87 degrees 50 minutes 08 seconds E; coincident \\o1th the South right-of-way line of
Wharton Weems Boulevard; 11 distance of 20.01 feet RETUR..L'-l1NG to TIm POINT OF
BEGINNING.
(Bearings are referenced to the East boundary line of that certain called Parcel 3 (41.992 Acres) as
described in the instrument recorded under Harris County Clerk's File No. L798940 or Harris
County Clerk's Fihn Code No. 124-75.-1468.)
-X?L~
H. Carlos Smith
Tex. Reg. Prof. SUIVeyor No. 1228
Date: February 10,1999
Project #3182-98
REVISED: MARCH 21,2000
PAGE 2 OF 2
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AIll_IlER!IN\'I1tlClIRlSl1llClS1lIE1ALf.1lf1fl.\l,0III/$fDfTlEOESCIIifOIlf.\l
PlG'ERlll!tmE Of CIlOll III m! B 1fj!\&lllIIVMlAlOoltWlI UllOIl FlOflAl L.lW,
THE STATE OF TEXAS
COUNTY OF HARRIS
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JUL 1 1 2002
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COUNTY CLERK
HARRIS COUNTY. TEXAS
H
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Januarv 8. 2007
R'q."'" By: S. GUld' ~.H-4
Department: Public Works
Appropriation
Source of Funds: N/A
Account Number: N/A
Report:
Resolution:
Ordinance:
xx
Amount Budgeted: N/A
Exhibits:
Ordinance
Amount Requested:
N/A
Exhibits:
Second Amendment to Agreement and Lease
Budgeted Item:
SUMMARY & RECOMMENDATION
The City of La Porte renewed the Agreement and Lease for Fixed Base Operations with D. E.
Aviation, Inc. on January 26, 1998. The First Amendment, adding three T-hanger sites, was
approved on February 1, 2002.
D. E. Aviation has proposed to lease a paved area (formerly Cliff Hyde Flying Service hanger
site) for use as a self-fueling site for aircraft. The site, composed of 16,800 square feet of
concrete paving, is unsuitable for hangers due to height restrictions. The proposed use will be
below the height restrictions for this area, and is well suited for this activity.
The proposed lease rate for the site is $3,360.00 per year, or $0.20 per square foot per year. The
lease rate is subject annually to the Consumer Price Index for all Urban Consumers, with 2001 as
the base year. Rental ofthe site will commence on February 1,2007. Lease term is for ten (10)
years, to run concurrently with the existing lease.
D. E. Aviation has tendered $500.00 for the lease preparation fee. Rental will be billed monthly,
and will begin as outlined in the Agreement.
Action Required bv Council: Approve an ordinance authorizing the City Manager to execute
the Second Amendment to Agreement and Lease between the City of La Porte and D. E.
Aviation, Inc.
Approved for City Council Agenda
Jff7
Date
ORDINANCE NO. 2007 - ap,l,q5
AN ORDINANCE APPROVING AND AUTHORIZING A SECOND AMENDMENT TO THE
AGREEMENT OF LEASE FOR FIXED BASE OPERATIONS AT THE CITY OF LA
PORTE MUNICIPAL AIRPORT BETWEEN THE CITY OF LA PORTE, LESSOR, AND
D.E. AVIATION, INC., LESSEE, EFFECTIVE FEBRUARY 1, 2002, 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, a copy of which is on file in the office
of the city Secretary. 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.
PASSED AND APPROVED, this 8th day of January, 2007.
CR p~ LA PORT~
~~/ \~~
Alton E. Porter, Mayor
By:
ATTEST:
~ti~ iJ cJl;d/J
Ma a A. Gillett
city Secretary
1Jftf/Al~
Kno W. Askins
City Attorney
APPROVED:
2
SECOND AMENDMENT TO
AGREEMENT AND LEASE
FOR FIXED BASE OPERATIONS
AT CITY OF LA PORTE MUNICIPAL AIRPORT
THIS SECOND AMENDMENT TO AGREEMENT AND LEASE, which was made
and entered into effective the 1st day of January, 1997, by and
between the City of La Porte, a municipal corporation organized and
existing under the laws of the State of Texas, hereinafter referred
to as "Lessor", and D.E. Aviation, Inc., a Texas business
corporation, acting herein by and through its duly authorized
officers, hereinafter referred to as "Lessee."
WIT N E SSE T H:
WHEREAS, the parties have heretofore entered into an Agreement
and Lease for Fixed Base Operation at the City of La Porte
Municipal Airport, dated January 1, 1997, and First Amendment dated
February 1, 2002; and
WHEREAS, the parties hereto desire to enter into a Second
Amendment to said Agreement and Lease, effective February 1, 2007,
for the use of additional premises and facilities at the Airport
all as more fully hereinafter set forth; and
WHEREAS, the parties agree that the Lease Agreement between
the parties, and the First Amendment thereto, shall remain in full
force and effect, except, and to the extent, amended hereby.
NOW, THEREFORE, for and in consideration of the mutual
covenants and agreements herein contained, the Lessor and the
Lessee do hereby mutually undertake, promise and agree, each for
itself and its successors and assigns, as follows:
ARTICLE I - TERM OF AGREEMENT AND LEASED PREMISES
The term of this Second Amendment to Agreement and Lease shall
be for the period commencing February 1, 2007, and terminating on
following dates, unless sooner terminated as hereinafter provided.
The Leased Premises are for the installation and operation of a
self-fueling site with an above-ground fuel tank, situated on the
City of La Porte Municipal Airport, as shown on the plat attached
hereto as Exhibit "A", incorporated by reference herein and made a
part hereof for all purposes. The leased area is approximately
16,800 square feet, and consists of a concrete slab area.
(a) The term of this Agreement shall be for the period
commencing February 1, 2007, and terminating January 31,
2017, unless sooner terminated as provided in the Lease
Agreement dated the 1st day of January, 1997. Lessee
reserves the option to renew this Lease as to the
property described in this subparagraph (a), for two
consecutive five year terms provided written notice is
provided the Lessor within 30 days of lease termination,
or termination of the first option term, as the case may
be.
The term of the original Agreement and Lease, dated January I,
1997, shall continue to be for the period commencing on January I,
1997, and terminating December 31, 2017, unless sooner terminated
as therein provided. Lessee reserves the option to renew the
original Lease for two consecutive five year terms provided written
notice is provided the Lessor within 30 days of the lease
termination, or the termination of the first option term, as the
case may be.
ARTICLE III - RENTALS AND CHARGES
Article III shall be amended by adding the following
paragraph:
1. c For the Leased Premises, as described in Article I,
subparagraph (a), for the self-fueling site, as described
on Exhibit "A" to this Second Amended Lease Agreement,
the following rental:
A. Lessee shall pay to Lessor, as additional rent, an
annual sum equal to twenty cents ($.20) per square
foot, or $3,360.00, which rental shall be paid
annually in advance.
B. Cost of Living Indexing shall apply to the rental
and charges for the self-fueling site.
Except and to the extent as amended hereby, the Agreement and
Lease for fixed base operation at City of La Porte Municipal
Airport, between the City of La Porte, as Lessor, and D.E.
Aviation, Inc., as Lessee, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused these presents to
be signed by their duly authorized representatives.
Lessor:
BY:
~~~X~
Alton E. Porter, Mayor
ATTEST:
~ fld!41J
Ma t a A. Gillett
City Secretary
AP~U~
Knox W. Askins
City Attorney
2
ATTEST:
Secretary
Lessee:
3
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EXHIBIT "Au
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7/8
REQUEST FOR CITY COUNCIL AGENDA ItEM
Ordinance
p & z Staff Report
Area Map
Public Notice Responses
Appropriation
Source of Funds: N/A
Account Number: N/A
Amount Budgeted: N/A
Amount Requested: N/A
Budgeted Item: N/A
Agenda Date R",uested, Jau-:;;,f 2007
Requested By: Wayne J. ~
I
Department: Plannine:
Report: --K-Resolution: _Ordinance:
Exhibits:
SUMMARY & RECOMMENDATION
The Planning and Zoning Commission, during their December 14, 2006, meeting, held a public hearing to receive citizen comments
regarding Rezone Request #R06-004. The request was made by Mr. Ken Schick for 19.6505 acres ofland located in the Richard
Pearsal Survey, Abstract 625, La Porte Outlets, City of La Porte, Harris County, T.exi'lS.The subject tract is located to the east of
Spencer Landing Subdivision. Currently, the property is zoned High Density Residential (R-3) and Large Lot Residential (LL). The
property is in the vicinity of single-family residential and commercial establishments. Being located at the intersection of Bay Area
Boulevard and opening of this roadway from Fairmont Parkway to Spencer Highway has encouraged the applicant to re-evaluate his
options for the development of entire 31 acre tract as commercial/retail center.
The Buxton Study, a commercial study 00 La Porte, has analyzed three sites selected by the City f()f vossible retail deveWpment and
revitalization in order to attract commercial developments in the area. The intersection of Spencer Highway at Bay area Boulevard is
among the sites selected. The opening of Bay Area Boulevard from Fairmont Parkway to Spencer Highway and the proposed
widening of Sens Road to State Highway 225, has prompted the owner/developer to consider providing commercial/retail at this
intersection. Commercial activities and tax components are to be favorably considered while reviewing this rezone request. The
subject site is also hampered by the pipeline easement and requires a creative design for land development. The tract in question
seems to be suitable for commercial classification.
In the past, there were attempts for proposed multi-family and/or tax credit housing developments at this site. The Homeowner's
Association (ROA) voiced their concerns. The applicant has had several meetings with the HOA prior to the formal request for
rezoning of the subject tract. HOA has expressed their support for this plan and submitted a letter in this regard. A copy is attached
herewith. As a reminder, rezoning must be unconditional and without any stipulations. The width of the planting strip may provide
adequate buffer and open space to minimize any adverse effects of commercial activities on adjacent residential uses (Spencer
Landing Subdivision). In addition, the Ordinance requires that parking lot lighting must be arranged so as to deflect lights away from
any adjoining residential zone or from public right-of-way, in compliance with Section 106-521(a) of the Code of Ordinances.
As required by Ordinance, forty-one notices of public hearing were mailed to property owners within 200' of the site. One response,
in favor of the proposed rezone, was received. Granting this requested change should not be contrary to the goals and objectives of
the La Porte Comprehensive Plan.
The Planning and Zoning Commission, by a unanimous vote (4-0), recommends City Council approval of Rezone Request #R06-004.
Action Required bv Council:
I. Conduct public hearing.
2. Consider Planning and Zoning Commission recommendation to approve Rezone Request #R06-004, for 19.6505 acres of land out
of the RiChard Pearsal Survey, Abstract 625, La Porte Outlots, rezoned from High Density Residential (R-3) and Large Lot {LL)
to General Commercial (GC).
APDTOVed for City Council Aeenda
ORDINANCE NO. 1501-..A!.S'
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 ZONING CLASSIFICATION FROM HIGH DENSITY
RESIDENTIAL AND LARGE LOT RESIDENTIAL TO GENERAL COMMERCIAL, AS
REQUESTED FOR 19.6505 ACRES OF LAND MORE OR LESS, LOCATED IN THE RICHARD
PEARSAL SURVEY, ABSTRACT 625 AND FURTHER DESCRIBED AS ALL OF LOTS 56, 57,
58, 63, 64, AND 65, LA PORTE OUTLOTS, LA PORTE, HARRIS COUNTY, HEREIN
DESCRIBED; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
"Section 1. The City Council of the City of La Porte hereby finds, determines
and declares that heretofore, to-wit, on the 14th day of December 2006, 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. Immediately following such public hearing on December 14, 2006,
the Planning and Zoning Commission of the City of La Porte met in regular session to
consider changes in classification, which were the subject of such public hearing. The
City Council of the City of La Porte is in receipt of the written recommendations of the
City of La Porte Planning and Zoning Commission, by letter dated December 18, 2006, a
true copy of which letter is attached hereto as Exhibit "C", incorporated by reference
herein and made a part hereof for all purposes.
ORDINANCE NO. 1501-&
Page 2
"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 8th day of January, 2007, 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" 1
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
zoning classification of the hereinafter described parcels of land, situated within the
corporate limits of the City of La Porte, is hereby changed accordingly. The zoning and
description of said parcels of land is as follows, to-wit:
All of Lots 56, 57, 58, 63, 64, and 65 (19.6505 acres) located along Spencer
Highway, changed from High Density Residential (R-3) and Large Lot Residential (LL) to
General Commercial (GC).
"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.
ORDINANCE NO. 1501- N5
Page 3
"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 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 9fJ1-
day of -Jf/1JIAa'i ' 2007.
CITY OF LA PORTE
By: ~L~~
ALTON PORTER, Mayor
ATTEST:
By: L1Ylauil~e4)1Ji
MARTHA GILLETT, City Secretary
APPROVED:
By: ~ -r ~.I.A-:
CLARK ASKINS, Assistant City Attorney
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 14th
day of December, 2006, in the Council Chambers of the City Hall, 604 West Fairmont Parkway,
La Porte, Texas. The purpose of this hearing is to consider Rezone Request #R06-004, for 19.6505
acres of land more or less, located in the Richard Pearsal Survey, Abstract No. 625 and further
described as all or portions of Lots 56, 57, 58, 63, 64, and 65, La Porte Outlots, City of La Porte,
Harris County, Texas. Mr. Ken Schick, on behalf of Lawrence B. Chapman, Trustee, is seeking a
rezone from Large Lot District (LL) and High Density Residential (R-3) to General Commercial
(GC) for commerciallretail development.
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, TRMC, CMC
City Secretary
A quorum of City Council members may be present and participate in discussions during this meeting, however, no
action will be taken by Council.
This facility has disability accommodations available. Requests for accommodations or interpretive services at
meetings should be made 48 hours prior to the meeting. Please contact the City Secretary's office at (281) 471-5020
or TDD Line (281) 471-5030 for further information.
....<<' .11\
<<HtDtI n
820 S. 8th Street
La Porte, Texas 77571
TheB
281-471-1234
Fax 281-471-5763
re Sun
City of La Porte
County of Harris
State of Texas
Before me, the undersigned authority, on this date came and
appeared Lisa Godfrey, a duly authorized representative of The
Bayshore Sun, a semi-weekly newspaper published and generally
distributed in the City of La Porte, Harris County, Texas and who
after being duly sworn, swears the attached notice was published in
The Bayshore Sun dated /I-J-q -D~
4!~~
---
Texas: J,Th ,., "" "
t~ishearingfs ,foUb6nSse"deOf:)?,a9c1ress ,)he" Corriinis-
'R' '",' " ." r '-810npro or cond . ' th
ezone "Reouest' ,'1#1;'06- ,~1 ", ", ' " " :, unng e "
004 for 19 ' Public Heanng will be re-'
i 'rmd .mofe 'b~~2;s a,corc~aSte'Odf ""mqYeieret~' to, ~ign}n ,/;lafore the,' ".,
'. " ' . ." ",. . Ing IS conve d '
',10 " fhe,:Hichard. Pe~rsai "',, , ,ne." ' .
'1 ,Surv"eY'~I?~tractr'Jo,' 625' ' ,',' '. "
" (:aa,n/ do fUrfhrt:r:described '; as". i. .,',:'CITV, OF i.A'P,"OR T' 'E' " "-,,',. ,'"
" :' " , " ' , ',1. r po Ions of Lots' 56
Sworn and subscribed befo,T1E STATE()F,~:~AS',',;'!~i:,8~~~~~::?~~'i~~~(:~:;".' '~~~~.~~g.,:':":
Dert"J"Y)bc:r ,2006.CPUNT)' OF ~ARR,'~ ",.;:}~xas, M(KenSChi6k"Jj;;..;'.:r. ',' Gity S~9~etary ("
CiTY6h.APOR).~" '.'!/g~h€ilf"6f t~Utwrenc~::'8.jilj:" ""''::'! '" ."
~~~ 'NO;'~i.%N~Bl~;.:~;~~(~!Fi~S~~ii~~f;;'
Karolyn Kellogg :.~"o;~~~(f1 ' '!P"-"'iiVii~td"~: /lakenbyConn",. ..'
Not~ry Public ';~R8!~~~~p:e.~:. ~~q,d/ ..'
Harns County, Texas '!!!!L thattO, ! ' . ftJ~~i
Porte f'a~n;~g an~~20h!ng , ~h.o,uld bEi,''!!adlf. .,4EJ"h . "
Co~mlsslon wiJIconduct a ~pon the pUblic hear;n'~':: .to::the', me.ef/nr(:;"f:,
My Commission Expri res Ar Pl!b/(C,h!9arirlg at 6:00 P.M. Items and to conduct othe~ S" se . ~onta,:t the '.Clty",:<o'
0." Jhe;14ttld~Yof :0'&> matte~s' pertain;n~tto the4;1c~5~Qt~ryo S. office at (2~1)>:~:
.,ce,,!~~r,:!,'~Q06;,/jri"ttie' '" "'''i''>'.' . ........ . .::or TDD Lme.',
COUD!:;I Ch~lIlibe;:s~of ';ihe' ,I . :: ,; " (28) ~ !'~1i i50:JO lor; further<; : "
~~1:~~~~~4>,~~st ~~[~~: '. 11~: F) l~f~f'Ra,t;e?' :;:"rr~",i,,~t:..'
"'"',, ........,...,. x...",,~<:!.~orte':<",>,:,".",',',,<.f . ens' lng :'.J';:;.;!';:. ',' :,",<,~,'
", 'o"!},,;,n::' ::';-"":,, " " " ;,
Lisa Godfrey
.... . ;'. .
,;.",""
IlHllin 3>:'
City of La Porte
Established 1892
December 18, 2006
Honorable Mayor Alton Porter and City Council
City of La Porte
Re: Rezone Requests #R06-004
Dear Mayor Porter and Council:
The La Porte Planning and Zoning Commission, during its December 14, 2006, meeting,
held a public hearing to consider Rezone Requests #R06-004. The subject property is
located along Spencer Highway near Bay Area Boulevard, further described as all or
portions of Lots 56, 57, 58, 63, 64, and 65, La Porte Outlots, Richard Pearsal Survey,
Abstract No. 625, La Porte, Harris County, Texas. The applicant seeks to have the above
property rezoned from High Density Residential (R-3) and Large Lot Residential (LL) to
General Commercial (GC) for retail/commercial activities.
The Planning and Zoning Commission, by a unanimous (4-0) vote, has recommended
approval of the above rezone request.
Respectfully submitted,
e~l;;di:
Chairperson, Planning and Zoning Commission
c: John Joerns, Acting City Manager
Clark Askins, Assistant City Attorney
Planning and Zoning Commission
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
.... C
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 ofthe 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 8th day of January, 2007,
in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The
purpose of this hearing is to consider Rezone Request #R06-004, for 19.6505 acres of land more or
less, located in the Richard Pearsal Survey, Abstract No. 625 and further described as all or portions
of Lots 56, 57, 58, 63, 64, and 65, La Porte Outlots, City of La Porte, Harris County, Texas. Mr.
Ken Schick, on behalf of Lawrence B. Chapman, Trustee, is seeking a rezone from Large Lot
District (LL) and High Density Residential (R-3) to General Commercial (GC) for
commercial/retail development.
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, TRMC, CMC
City Secretary
A quorum of City Council members may be present and participate in discussions during this meeting, however, no
action will be taken by Council.
This facility has disability accommodations available. Requests for accommodations or interpretive services at
meetings should be made 48 hours prior to the meeting. Please contact the City Secretary's office at (281) 471-5020
or TDD Line (28]) 47]-5030 for further iriformation.
,,811 .0
TheB
281-471-1234
Fax 281-471-576~
THE STATE OF TEXAS
COUNTY OF HARRIS .
CITY OF LA PORTE
820 S. 8th Street
La Porte, Texas 77571
NOTICE OF PUBLIC
HEARING
~ ,~~~
Sin accordanc
UD ~iththe provisions O.f s.e<
tlon 106-171 of the Cod
of Ordinances of the Cit
of La Porte, and the prevl
sions of the Texas Loc~
Government Code, notiCl
is hereby given that the Ll
Porte City Council wil
conduc:t a public hearim
at 6:00 P.M. onthe8tt
day of January, 2007, ir
the. Coun,cil Chambers o'
the City Hall,604Wesl
Fairmont Parkway, .' '. La
Porte, . Texas. The pur-
pose of this hearing is to
consider Rezone Request
B f h d. d h' h' d '#R06-004,for 19.6505
e ore me, t e un erslgne aut onty, on t IS ate came ar acres of land more or less
appeared Lisa Godfrey a duly authorized representative of Tt located in the Rich'd
, . Pearsal S ey,' Ab
B.ay~hore ~un, a s~mi-weekly newspap~r published and general ~C~ib:;5asa1, firt~e i
distributed In the City of La Porte, Harns County, Texas and wt of Lots 56 57, . ,
after being duly sworn, swears the attached notice was published ., ~7: 6~5'~0 0 rr~~
Th B h S d t d ~ "County, Je s. . Ken
e ays ore un a e /, -blf) '0<.# Schick, ehalf Law-
rence B. hapman, Trus-
tee,is seeking a rezone
from Large Lot District
(LL) and High Density
;.Residential (R-3) to Gen-
eral Commercial(GC) for
.' commercial/retail . develop-
'ment.
City of La Porte
County of Harris
State of Texas
Lisa Godfrey
Sworn and subscribed before me this
De("f'mbc."I" ,2006.
ct20
""" day
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
[,'.m....... att,,, P''''''"''''' to ,th,
Council. .'
H . Citizens wishing
i to address the Council pro
j:.or con during the public
: hearing will be required to
!sign in before the meeting .'
1-=-:.:.:.._:-. _. --~:~--"-..s::t'--':<",i",,,,,:.t~~.o,,,.!;:~.-i-_':,,: ,,~.;~,I
=if'~~
Karolyn Kellogg
Notary Public
Harris County, Texas
~If"~,
~~'^. "'~
. .
: ~=
,~....~.~i
1,P.'e",
KAROLYN KELLOGG
MY COMMISSION EXPIRES
AprIl 11, 2010
My Commission Exprires April 11 , 2010
8HtBrf E
StatIReport
December 14, 2006
Zone Change Request #R06-004
Reouested bv: Ken Schick, on behalf of Lawrence B. Chapman, Trustee
Reauested for: Approximately 19.6505 acres ofland located in the Richard Pearsal Survey,
Abstract No. 625 and further described as all or portions of Lots 56, 57, 58,
63,64, and 65, La Porte Outlots, City of La Porte, Harris County, Texas.
Location: Spencer Highway near Sens Road
Present Zonin~: High Density Residential (R-3) and Large Lot Residential (LL)
Reauested Zonin!!: General Connnercial (GC)
Surroundin!! Zonine::
North - Large Lot Residential (LL)
South - General Commercial (GC)
East - General Connnercial (GC)
West - High Density Residential (R-3)
Bacbround:
Approximately 31 acres of undeveloped land is located at the northeast
comer of Spencer Highway and Bay Area Boulevard (Sens Road). The
adjoining property to the west is Spencer Landing Subdivision. One-half of
Outlots 56, 57, 58 and all of 63, 64, and 65 totals 15 acres, clUTently zoned
High Density Residential. The remaining half of Outlots 56, 57, and 58
totals four acres, zoned Large Lot Residential. In addition, the property at the
northeast comer of Spencer Highway and Sens Road, approximately 12
acres being Outlots 59, 60, 61, and 62, is zoned General Commercial (GC).
The subject tracts have approximately 988 feet of frontage along Spencer
Highway. The property is located approximately 643 feet west of the
intersection of Spencer Highway at Bay Area Boulevard. The property in
question is also in the vicinity of single-family residential, La Porte
Independent School District's property along Sens Road and upcoming
commercial and public projects, e.g. Shell Federal Credit Union, Police
Dept., and Municipal Court. In addition, extension of Bay Area Boulevard
from Fairmont Parkway to Spencer Highway has recently been completed.
ClUTently, Harris County is undertaking the project of Sens Road widening
from Spencer Highway to North 'P' Street connecting with State Highway
225. Both, Spencer Highway and Bay Area Boulevard are classified as
primary arterial roadways.
#R 06-004
P&Z 12/14/06
Page 2 of 4
Analvsis:
The applicant seeks to rezone this property from High Density Residential
(R-3) and Large Lot Residential (LL) to General Connnercial (GC) for
connnercial/retail purposes.
In considering this request, Staff reviewed the following Comprehensive
Plan elements: Land Use, Thoroughfare System, Utility Infrastructure, and
Economic Development. The specific issues considered are as follows:
Land Use -- Review of the City's Land Use Plan shows the subject tract
developing as low density residential, however, connnercial uses are shown
at the intersection of Spencer Highway and Bay Area Boulevard (Sens
Road), where the properties in all directions are zoned General Connnercial
(GC). Land uses along major thoroughfares indicate that the area is
intended for connnercial developments. The City has been consistent in
providing General Connnercial (GC) uses along major roads within the City
limits. However, the following aspects shall be considered for a rezone
request:
· Ability of infrastructure to support the permitted use
· Impact on the value and practicality of the surrounding land uses
· Conformance of a zoning request with the land use plan
· Character of the surrounding and adjacent areas
· Suitability of the property for the uses which would be permissible,
considering density, access and circulation, and adequacy of public
facilities and services
· The extent to which the proposed use designation would adversely affect
the capacity or safety of that portion of the road
· The extent to which the proposed use designation would create excessive
air pollution, water pollution, noise pollution, or other environmental
harm to adjacent properties
· The gain, if any, to the public heahh, safety, and welfare of the City
Transportation - The tracts in question will have access along Spencer
Highway. An arterial with a 100' right-of-way, may acconnnodate the
additional traffic generated by future commercial developments. However,
controlled access management techniques shall be adopted, e.g. limited
number of driveways and posting of signs to avoid any traffic conflict.
A Traffic Impact Analysis study shall be required for proposed
developments at this intersection. Sens Road widening will have an impact
on the future developments and flow of traffic at this intersection.
#R 06-004
P&Z 12/14/06
Page 3 of4
Utilities - Water facilities are available to the property. Sanitary sewer
needs to be extended to this development. Once the Sens Road improvement
project is completed, infrastructure will be in place for anticipated
developments at the subject tracts. Storm water drainage will be reviewed
with the development site plan submittal for proposed development. On-site
detention shall be requiTed to minimize the drainage impact on the
sWTounding properties.
Economic Development - One of the aspects of the Comprehensive Plan is
to encourage new and sustained investment in the City as the basis of a
successful redevelopment strategy. This may be achieved by encouraging
in-fill development within existing infrastructure service areas. Commercial,
retail, and service activities should be clustered throughout the City and be
convenient to residential areas. In addition, commercial activities should be
concentrated in nodes along major thoroughfares and intersections, such as
the proposed location at the intersection of Spencer Highway and Bay Area
Boulevard.
Buxton Study - An economic development study was performed on the
La Porte area in order to specify which types of retail business the
community should be targeting to attract commercial development in the
area. Projection of future commercial growth and tax components are to
be favorably considered in this matter. The City of La Porte selected the
following three sites to be analyzed and ranked for possible retail
development or revitalization.
Site NO.1 - State Highway 146 @ Fairmont Parkway
Site No.2 - Spencer Highway @ Bay Area Boulevard
Site No.3 - Canada Road @ Fairmant Parkway
To aid in the decision-making process to select the best site, the company
ranked Spencer Highway at Bay Area Boulevard as the second best retail
trade potential site. The City is in need of additional commercial/retail
developments, as mentioned by the study. A list of potential
commercial/retail developments to serve area residents is as follows:
· Food and drug stores
. Restaurants
. Home Furnishing
. Apparel
· Sports & recreation stores
· Medical and dental offices
. Beauty salons
· Real estate and other professional offices
#R 06-004
P&Z 12/14/06
Page 4 of4
Conclusion I
Recommendation:
Based on the above analysis and the best use review option by the applicant
and the prospective developers reveal that the subject site would be better
served by the proposed rezone, which would be consistent with the
anticipated use of property to the east and south of this tract. The applicant
is requesting to rezone the property from High Density Residential (R-3) and
Large Lot Residential (LL) to General Commercial (Ge). A conceptual plan
for future commercial activities planned at this site is attached.
Homeowners Association - Spencer Landing Homeowners' Association
has expressed support for rezoning of this property to the requested General
Commercial, in order to avoid having multi-family development (e.g.
apartments) being developed abutting this subdivision to the east. A letter is
submitted in this regard
Based on the above analysis, staff finds the requested change conforms to
the abutting zoning and is suitable for the requested change to General
Commercial, allowing commercial/retail development. In addition, it
provides an opportunity for staff to clarify and correct boundary lines for the
Large Lot district, as the Large Lot district boundary falls in the middle of
the said tracts and/or outlots. Development within the subject tract should
not negatively impact the sWTounding properties nor harm the value of
nearby properties. The zone change would not have a significant impact on
traffic conditions in the area and utilities may support future developments.
Actions available to the Commission are listed below:
. Recommend to Council approval of this rezoning request, from High
Density Residential (R-3) and Large Lot Residential (LL) to General
Commercial (Ge).
. Recommend to Council denial of this rezoning request from High
Density Residential (R-3) and Large Lot Residential (LL) to General
Commercial (Ge).
. Table this item for further consideration by the Commission.
~
~
.33
m
Low Density Residential
(R-3) High Density Residential
_ (GC) General Commercial
(PU D) Planned Unit Development
(BI) Business Industrial
Large Lot District
1.....1 B
A Meeting of the La Porte
Pla~ & Zoning Commission
(Type of Meeting)
Scheduled for
Decer.nber14,2006
(Date of Meeting)
to Consider
Rezone Request #R06-004
(Type of Request)
I have received notice of the above referenced public hearing.
I am in FAVOR of granting this request for the following reasons:
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Wl;Jt" i-^-f 'f31Z,~~ tY L>.:>~,th-
lS13fff/6f- Th1_ o--..,J2.. INV~-r~T.
I am OPPOSED to granting this request for the following reasons:
~~~
ame (please pnnt)
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Stgnature
2A:o ~UL- LANP7""~6tYr
Address
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City, State, Ep
RECEIVEr
DEe 1 ;~ Z006
PLANNING
9
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Ordinance
p & Z Staff Report
Aerial Map
Zoning Map
Public Notice Responses
Mail-Out Sheet
Rezone Opposition Petition
Budgeted Item:
N/A
N/A
N/A
N/A
N/A
Source of Funds:
Department: Planninl!
Account Number:
Report: _Resolution: _Ordinance: X
Amount Budgeted:
Exhibits:
Amount Requested:
SUMMARY & RECOMMENDATION
During the December 11, 2006, Council meeting, the issue ofthe Canada rezone from R-2 to GC matter was heard. State Law
states that if a written protest is signed by 20% of the residents within the 200-foot ring from the proposed rezone, a vote of
three-fourths of "all the members of the governing body" is required to pass the motion. This is also reflected in Section 106-
171 (7) of Chapter 106 (Zoning) of the City Code of Ordinances. The rezone vote at the December 11th meeting was 4 to
approve and 3 against. Staff has since had the opportunity to check the written petition submitted against the rezone. Since the
petition was submitted shortly before the meeting, there was insufficient time to verify the names on the list. Of the 18 mail-
outs to properties within the 200-foot zone, 7 of the owners are signatories on the petition (or 39%). The names and/or
addresses of the citizens who signed the petition and are included within the 200-foot ring are as follows:
Gilbert Duran Jr.; 9225 Barton Ct.
Frederick Paulus; 9225 San Saba Ct.
Brant Morgan; 9214 Caddo Ct.
Robert Martinez Jr.; 9222 Desirable Dr.
John Harmon; 9222 San Saba Ct.
Claudia Rogers; 9221 Barton Ct.
Teri Ann McMullen (Phyllis Barnes signed); 9221 San Saba Ct.
Since the petition was opposed to the rezone it is, therefore, a protest under the defmition of the ordinance. A positive vote for
the rezone would have required 7 votes from "all members of city council" as worded in Section 106-171 (7). As such,
the previous motion on this matter failed to achieve the required number of votes for approval and Staff is recommending that
the December 11, 2006, motion be rescinded. There is no statutory time limit to reconsider this issue. Should council
reconsider the matter, a reprint of the previous Staff report is as follows:
The Planning and Zoning Commission, during their November 16, 2006, meeting, held a public hearing to receive citizen
comments regarding Rezone Request #R06-003. The request was made by the property owner ofTRS 692C, 693B, 706, and
707, La Porte Outlots, William M. Jones Survey, A-482, La Porte, Harris County, Texas. The subject tract (17.7717 acres) is
located to the east of Canada Road and 1000' north of Fairmont Parkway. Currently, the property is zoned Medium Density
Residential (R-2). The property is in the vicinity of an existing warehouse/storage facility, a mobile home park, single-family
residential subdivisions across the Harris County Flood Control District ditch, and the City's 33 acres of land for proposed
Westside Park. Last year, approximately 35 acres oflandjust south of the subject tract, located at the intersection of Canada
Road and Fairmont Parkway, was also rezoned from Medium Density Residential (R-2) to General Commercial (GC).
The Buxton Study, a commercial study on La Porte, along with the widening of Canada Road (lOO'ROW) project, has
prompted the owner/developer to re-evaluate development options and consider providing commercial/retail at this
intersection. Earlier, the City of La Porte selected three sites to be analyzed and ranked for possible retail development,
revitalization, in order to attract commercial developments in the area. The Study recommended and the Council selected
Canada RoadlFairmont Parkway intersection as the best retail potential site based upon Canada Road eventually being
expanded and put through to the south. Commercial activities and tax components are to be favorably considered while
reviewing this rezone request. The subject site is hampered by the pipeline easement and requires a creative design for land
development. The tract in question is suitable for commercial classification and the property is naturally buffered by a
drainage easement and channel as well.
Harris County Flood Control District channel (15WROW) to the east of the subject tract would provide adequate buffer and
open space to minimize any adverse effects of commercial activities on adjacent residential development (pecan Crossing
Subdivision). In addition, landscaping/screening adjacent to the channel shall be required to minimize any noise impact to the
abutting residential uses. Ordinances require that parking lot lighting must be arranged so as to deflect lights away from any
adjoining residential zone or from public right-of-way, in compliance with Section 1060521(a) of the Code of Ordinances.
As required by Ordinance, Eighteen notices of public hearing were mailed to property owners within 200' of the site. Three
responses were received (1 Favor, 2 Opposed). Two individuals, who initially opposed the measure, withdrew their opposition
after hearing the staff report and presentation made during the Planning and Zoning Commission meeting. Granting this
requested change should not be contrary to the goals and objectives of the La Porte Comprehensive Plan.
The Planning and Zoning Commission, by a unanimous vote (7-0), recommends City Council approval of Rezone Request
#R06-003.
Action Required bv Council:
1. Consider a motion to rescind the December 11, 2006, motion to approve Rezone Request #R06-003 (requires a simple
majority).
2. Reconsider the Planning and Zoning Commission recommendation to approve Rezone Request #R06-003, for TRS
692C, 693B, 706, and 707, La Porte Outlots, rezoned from Medium Density Residential (R-2) to General Commercial
(GC) (requires a super majority or 7 votes to approve).
ORDINANCE NO. 1501- L6
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 ZONING CLASSIFICATION FROM MEDIUM
DENSITY RESIDENTIAL TO GENERAL COMMERCIAL, AS REQUESTED FOR TRS 692C,
693B, 706, AND 707, LA PORTE OUTLOTS, LOCATED ALONG CANADA ROAD NORTH OF
FAIRMONT PARKWAY, HEREIN DESCRIBED; MAKING CERTAIN FINDINGS OF FACT
RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
"Section 1. The City Council of the City of La Porte hereby finds, determines
and declares that heretofore, to-wit, on the 16th day of November 2006, 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.
Immediately following such public hearing on November 16, 2006,
the Planning and Zoning Commission of the City of La Porte met in regular session to
consider changes in classification, which were the subject of such public hearing. The
City Council of the City of La Porte is in receipt of the written recommendations of the
City of La Porte Planning and Zoning Commission, by letter dated November 20, 2006, a
true copy of which letter is attached hereto as Exhibit "C", incorporated by reference
herein and made a part hereof for all purposes.
ORDINANCE NO. 1501- I-~
Page 2
"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 11th day of December, 2006, 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
zoning classification of the hereinafter described parcels of land, situated within the
corporate limits of the City of La Porte, is hereby changed accordingly. The zoning and
description of said parcels of land is as follows, to-wit:
TRS 692C, 6938, 706, and 707 (17.7717 acres) located along Canada Road
north of Fairmont Parkway, changed from Medium Density Residential (R-2) to General
Commercial (GC).
"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.
ORDINANCE NO. 1501- L..~
Page 3
"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 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
<fI--
day ofOfrNUarj, 20011.
:~TY~7~
ALTON PORTER, Mayor
APPROVED:
ByV~-r~
. C K ASKINS, Assistant City Attorney
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions in Section 106-171 of the City of La Porte's Code of
Ordinances, 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 16th day of November, 2006, in the Council Chambers of City Hall, 604 West Fairmont
Parkway, La Porte, Texas. The purpose of this hearing is to consider Rezone Request #R06-
003, submitted by Bobby Grisham, agent on behalf of Kenneth P. Dawson, Trustee, for the
property located along Canada Road north of Fairmont Parkway. The property is further
described as TRS 692C, 693B, 706 and 707 (17.7717 acres), La Porte Outlots, as recorded in
Volume 83, Page 344, of the Deed Records of Harris County, William M. Jones Survey,
Abstract 482, La Porte, Harris County, Texas. The applicant seeks to have this property rezoned
from Medium Density Residential (R-2) to General Commercial CGC) to provide for
commercial/retail activities at site.
A regular meeting of the Planning and Zoning Commission will follow the public hearing to
act 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 are
required to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett, TMRC, CMC
City Secretary
A quorum of City Council members may be present and participate in discussions during this meeting, however, no
action will be taken by Council.
This facility has disability accommodations available. Requests for accommodations or interpretive services at meetings
should be made 48 hours prior to the meeting. Please contact City Secretary's office at (28]) 471-5020 or TDD Line
(28]) 471-5030for further iriformation.
MHIBn J-i
THE ST AIf nl= T!;;.'(AS
COUNTY OF HARRIS
CITY OF LA PORTE,
B
281-471-1234
Fax 281-471-5763
, NOTICE OF PUBLIC
HEARING
S. 8th Street
~, Texas 77571
,', . In . accordance
!lith the' provisions in seC-1t
tion 1 06-171 of the City of
Ui Porte's' Code ofOrdi" '. :
~i:';~::~~~1 e
emment d~, ' notice'is'" i
l1ereb' . 'that the La!
Porte nn and,i1~~ ' !
~!'~'lr-~I
Council.ChalTlb ,.,ity '.'La Porte
HaU,.604i West Fa, ont, i f' H .
Parkw~y,LaPo , ,Texas.f 0 arns
The purpose of ,t 's,pe~r- . f Texas
h'lg' istocopsider,., ezone
Fleqliest.#R06-()()3->, ' sub-
ri1Jtt~(j~y.B,obby :C3risham,
agent'on'bElhalfofKen~: me, the undersigned authority, on this date came and
foitht~~:Wbt~,iy~~f;d ed Lisa Godfrey, a duly authorized representative of The
along Canada~oad north S 'kl bl' h d d II
9fFainnonLParkway.The il?re un, a semi-wee y newspaper pu IS e an genera y
b~1~~~~Sfu~:b:P~J~~;qted in the City of La Porte, Harris County , Texas and who
'?96 ,ar'ld707 (17.7717 'Bing duly sworn swears the attached notice was published in
(lcrEls) , La ,"Porte,' ()utlots,. e , /
,~VElcordEl?i~'YPlurn~83,,,,,yshore Sun dated 10 /:lq DiP
Page344,of the Deed !=le.", '. I I
cordS,'oft-iafrisCourity, .
Willilll11,~.Jones~\lrvey,
A~stract482,.La ,'. PO~El' ~,
2m~d~tio~;;; i;te,pretiVe
;setvices ',.at "meetings
,shouldpffTIadeAB,tJ9.urS,\
prior ..... ,t9:,Jhe.meet;ng'/dfrey
'Plea~e contact City Secre-,
'. ,tal)"s. office at, (281) 411-,
5020Qf TDDLine . (281),
,:~471-5030 for further in,for-!
. mafion. .
.~.
re SUD
\
Sworn and subscribed before me this
A/Ol! ern b e.r ,2006.
.
~'74>
day of
~...,,~.
~~
ft~i~
\~j.-,(...;-$~
~'"~l,,,"
. KAROlYN KELLOGG
MY COMMISSION EXPIRES
April 11, 2010
K; rolyn Kellogg
Notary Public
Harris County, Texas
My Commission Exprires April 11, 2010
City of La Porte
Established 1892
November 20, 2006
Hon. Mayor Alton Porter and City Council
City of La Porte
Re: Rezone Requests #R06-003
Dear Mayor Porter and Council:
The La Porte Planning and Zoning Commission, during its November 16, 2006, meeting,
held a public hearing to consider Rezone Requests#R06-003. The subject property is
located along Canada Road and north off Fairmont Parkway, further described as TRS
692C, 693B, 706, and 707, La Porte Outlots, W. B. Lawrence Subdivision, W. M. Jones
Survey, Abstract No. 482, La Porte, Harris County, Texas. The applicant seeks to have the
above property rezoned from Medium Density Residential (R-2) to General Commercial
(GC) for retail/commercial activities.
The Planning and Zoning Commission, by a unanimous (7-0) vote, has recommended
approval of the above rezone request.
Respectfully submitted,
t~
Chairperson, Planning and Zoning Commission
c: John Joerns, Acting City Manager
Clark Askins, Assistant City Attorney
Planning and Zoning Commission
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
"-~'. :;, '~B"..r.. ',:"
',)i,<; . ~'"ii'. ..:~ :r"
,~* lJ\ fr.;~;,";:.r1!i-_:~'
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions in Section 106-171 of the City of La Porte's Code of
Ordinances, 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 11th day of
December, 2006, in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte,
Texas. The purpose of this hearing is to consider Rezone Request #R06-003, submitted by
Bobby Grisham, agent on behalf of Kenneth P. Dawson, Trustee, for the property located along
Canada Road north of Fairmont Parkway. The property is further described as TRS 692C,
693B, 706 and 707 (17.7717 acres), La Porte Outlots, as recorded in Volume 83, Page 344, of
the Deed Records of Harris County, William M. Jones Survey, Abstract 482, La Porte, Harris
County, Texas. The applicant seeks to have this property rezoned from Medium Density
Residential (R-2) to General Commercial (GC) to provide for commercial/retail activities.
A regular meeting of the City Council will follow the public hearing to act 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 are required to
sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett, TMRC, CMC
City Secretary
A quorum of City Council members may be present and participate in discussions during this meeting, however, no
action will be taken by Council.
This facility has disability accommodations available. Requests for accommodations or interpretive services at meetings
should be made 48 hours prior to the meeting. Please contact City Secretary's office at (281) 471-5020 or TDD Line
(281) 471-5030for further information.
other l)1an~rs pen~1111[1YIUJ
t~e cO!J,n~'t~(.:=.ii\
.'. ..";,,,Citizehs"WiShing
to 'addresstbeCouncil.. Pro.'
820 S. 8"-cir,,,co,\::(ju.ri~g : the,' PIJR!i9
L P T ~hearing .g~re',reqll.lreg./'t~t '
a 0 rte,;,sigHih:~~fote :the}!'~.~t\~g
(is coI1V~[led.','i('),:;~',
:-=.;'...<:: ;''''-:/',::{",~'':,:' :;~ ^-i;!~
<inemberfTTlIIY.... be,preSjel)tl
;;~fid p~t1;cipli.t~ln:~i.s;cH~<J
. ,c . . > sions during thismeet/~g~,
~~P!-!~:ryPF HA~RIS.. ...... <however,.' no ac~ion Will{~ti
t~rrf6F~~:~'r~~i~~~~X:~~~
'~':l':NOfiCE9FPUBLlC'... ....( 8ceornmo9'atioHs.:'..8.V8i1a"i
~itRI~~;> ., . .>b!I!.':,~~qu~st~J'?U~:RcofTi~,;
f";"; t.......... ..';m0d<3t/()ns; or Jnterpret,ve'';}ed authonty on thiS date came and
..~..., .......... ". ';,::;,;:::'''::<';'C'S~ryiceS;:,'i~t.;:.;,(hAAtiqp}1 . , .
:~',..;,....,.",. ..';i.aCge!9~nc;e'.'shoJlcrbeIrJade~48"'flO.Ufs.: duly authorized representative of The
,'v:mh.tbEl j VISlon~ In ,:5ec;- prior to the, meetmg..! .
.~t\9~~QEi:1zt()ftr~plty~f :P/easecClnt~ptpitY$~(e,~.~kly newspaper published and generally
.~.~ J?cm~'~,9l?<!~.. ()f ~9rdl- . tarys' . r;Jffj~:[Jr"~~l) ,1.71"1 .
~na,fl~~,'li~dthe prov's'or:'s502.0qt;iTOP;~/M(2~4)la Porte, Harns County, Texas and who
,~;,'~;;)\r~J.<li~ehS~b~lq~~~,~1tig~:3!;tY(5!;Z1~r~t~~I}ars the attached notice was published in
^ .~ '.~. ~k:~ii~;;;f~~~~iii~tJlP / ~.9 ) 0 fo
'Lvt h
~fl~)i~~j ~
.,l(.fl,,~"; .......
281-471-1234
Fax 281-471-5763
subscribed before me this
,2006.
~ '7 J-h
day of
iT.~.rt.,i.~1Ii~
.b':,'~:ogg d
j~~~tC)rc
,i;itit~'?\y, Texas
,..,,'3,~Ir;:;~..,
l~o
t;~;ff
"",l~f","
KAROLYN KELLOGG
MY COMMISSION EXPIRES
AprI11,2010
ar... me,et- ".,.
'c,lIncUwill . .',
.. hearing tot:
" ubliSheClr-ion Exprires April 11 , 2010
.lid to;c::onduct .
:','.";;/1-:'::'-;'-' ".
;,. ;-;';",'.':" 'C
7
, }
Staff Report
November 16,2006
Zone Change Request #R06-003
ReQuested by: Bobby Grisham, agent on behalf of Kenneth P. Dawson, Trustee
ReQuested for: TRS 692C, 693B, 706 and 707 (17.7717 acres), La Porte Outlots, as
recorded in Volume 83, Page 344, of the Deed Records of Harris County,
William M. Jones Survey, Abstract 482, La Porte, Harris County, Texas.
Location: 2000 Block of Canada Road
Present Zoning: Medium Density Residential (R-2)
ReQuested Zoning: General Commercial (GC)
Surrounding Zoning:
North - Medium Density Residential (R-2)
South - General Commercial (GC)
East - Low Density Residential (R-1)
West - Manufactured Housing (MH)
Background:
The subject tracts comprise approximately 18 acres of land out of William
M. Jones Survey, Abstract-482, La Porte, Harris County, Texas. The
property is located approximately 1000' north of the intersection of Canada
Road and Fairmont Parkway. The property in question is also in the vicinity
of a pre-existing warehouse/storage facility, manufactured housing, and a
single-family residential subdivision along Canada Road. The adjoining
property to the west across Canada Road and adjacent to the Harris County
Flood Control District (HCFCD) facility consists of 33 acres of land
intended for use as the proposed "West Side Park" ofthe City of La Porte.
The applicant seeks to rezone this property from Medium Density
Residential (R-2) to General Commercial (GC) for commercial/retail
purposes.
Analvsis:
In considering this request, Staff reviewed the following Comprehensive
Plan elements: Land Use, Thoroughfare System, Utility Infrastructure, and
Economic Development. The specific issues considered are as follows:
Land Use -- Review of the City's Land Use Plan shows the subject tract
developing as mid-to-high density residential, however, some commercial
uses are shown at the intersection of Canada Road and Fairmont Parkway.
#R 06-003
P&Z 11/16/06
Page 2 of 4
Last year, approximately 35 acres of land just south of the subject tract,
located at the intersection of Canada Road and Fairmont Parkway, was
rezoned from Medium Density Residential (R-2) to General Commercial
(GC).
The adjacent properties across the Big Island Slough (B 1 09-00-00) are
single-family residential (Pecan Crossing Subdivision). Other surrounding
existing uses to the north are single-family residential, a manufactured
housing park, and a storage/warehouse facility at 3337 Canada Road. An
undeveloped vacant property and the City's proposed "West Side Park" are
also in the vicinity.
The current land use plan designates the area as intended for commercial
uses, and the City has been consistent in providing General Commercial
(GC) uses along the major roads within the City limits. However, the
following aspects shall be considered for a rezone request:
. Ability of infrastructure to support the permitted use.
. Impact on the value and practicality of the surrounding land uses.
. Conformance of a zoning request with the land use plan.
. Character ofthe surrounding and adjacent areas.
. Suitability of the property for the uses which would be permissible,
considering density, access and circulation, and adequacy of public
facilities and services.
. The extent to which the proposed use designation would adversely affect
the capacity or safety of that portion of the road.
. The extent to which the proposed use designation would create excessive
air pollution, water pollution, noise pollution, or other environmental
harm to adjacent properties.
. The gain, if any, to the public health, safety, and welfare of the City.
Transportation - The tract in question will have access along Canada Road
running north and south between Spencer Highway and Fairmont parkway.
Earlier, the design of Canada Road improvement was completed in 2004.
The rights-of-way for the proposed road improvement acquired and the
utilities to serve this general area were designed given special consideration
to the pipeline adjustments and power lines relocation.
The bidding and construction of the road and utilities started in January
2005. The Canada Road improvement/widening project were completed in
November, 2005. Traffic signalization is already in place and opened for
traffic from Fairmant Parkway to State Highway 225 via East Boulevard.
#R 06-003
P&Z 11/16/06
Page 3 of4
Canada Road, an arterial with a 100' ROW, may accommodate the
additional traffic generated by future commercial developments. In
addition, Fairmont Parkway, a controlled access highway with a 250' ROW
may also accommodate additional traffic generated by this development.
Utilities - Due to the success of the Canada Road improvement project,
infrastructure for anticipated development at this intersection is in place.
Storm water drainage will be reviewed case by case with the development
site plan submittal for the proposed development.
Economic Development - One of the intentions of the Comprehensive Plan
is to encourage new and sustained investment in the City as the basis of a
successful redevelopment strategy. This may be achieved by encouraging
in-fill development within existing infrastructure service areas. As per plan,
commercial, retail, and service activities shall be clustered throughout the
City and be convenient to residential areas. In addition, commercial
activities should be concentrated in nodes along major thoroughfares and
intersections, such as the proposed location along Canada Road.
Buxton Study - An economic development study took place on the La
Porte area in order to specify which types of retail business the community
should be targeting to attract commercial development in the area.
Projection of future commercial growth and tax components are to be
favorably considered in this matter. The City of La Porte selected three
sites to be analyzed and ranked for possible retail development or
revitalization. To aid in the decision-making process to select the best
site, the company has ranked Canada Road and Fairmont Parkway as
having the best overall retail trade potential site. Retail potential of this
site is based on the following analysis:
. A twelve minute drive time trade area
. Customers in each trade area segmented as per buying habits and
lifestyles
. Profile of La Porte's customers within the trade area
. Retail demand for more than 400 products and services determined for
the potential trade area.
Based on the above analysis and the best use review option by the applicant
and the prospective developers reveal that the subject site would be better
served by the proposed rezone, which would be consistent with the
anticipated use of property to the south of this tract. Using this scenario, the
applicant is requesting to rezone the property from Medium Density
Residential (R-2) to General Commercial (GC). A conceptual plan for future
commercial activities planned at this site is attached as Exhibit.
#R 06-003
P&Z 11/16/06
Page 4 of 4
Conclusion /
Recommendation:
Based on the above analysis, staff finds the requested change conforms to
the abutting zoning and is suitable for the requested change to General
Commercial, allowing commercial/retail development. Development within
the subject tract should not negatively impact the surrounding properties nor
harm the value of nearby properties. The zone change should not have a
significant impact on traffic conditions in the area and utilities can support
future developments.
Actions available to the Commission are listed below:
. Recommend to Council approval of this rezoning request, from
Medium Density Residential (R-2) to General Commercial (GC).
. Recommend to Council denial of this rezoning request from Medium
Density Residential (R-2) to General Commercial (GC).
. Table this item for further consideration by the Commission.
A Meeting of the La Porte
Planning & Zoning Commission
(Type of Meeting)
Scheduled for
RECEIVED
~oveD1ber16,2006
(Date of Meeting)
NOV U 6 2006
to Consider
PLANNING DEPT.
Rezone Request #R06-003
(Type 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 gr.anting this request fo.r the followinJ reasons:
/!V € /).b gr ( .j(/~~ AJUf lUI);t/
Sr.en!J C!8pfee,J f # fit?>" Ae &:J-~ tJe ALe ~ c{)t..!teJ
I
('O/J1fti~Nvty-'LefS /;:~ j~ f'kvf- 4ThLJ~
'F j2I) hf jUt) /l~ It
Name (please print)
J5~-r,tt1dl
Signature
9J.)lj CA-IJ~p C!- T
Address
LA It5Lrf: TeM--5' 77.5'71
City, S~te, Zip
~'-"'W'''l
~~. ..... 'IB.~ I' ~.' "~
:..A
A Meeting of the La Porte
P1annin~ & Zonin~ Commission
(Type of Meeting)
Scheduled for
RECEIVED
~ovember16t2006
(Date of Meeting)
NOV 0 6 2006
to Consider
PLANNING DEP'L
Rezone Request #R06-003
(Type 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 granting this request for the following reasons:
I feel that commercial property just 200 yards from our back fence would make our
neighborhood noisy, and possibly not nearly as safe. We are paying a good price for our
peace and quiet as well as our safety and security and do not wish to give that up.
We also feel it would decrease the value of our property for which we paid a premium
price. Thank you for your consideration in denying this rezoning request.
'-;)
f! leI.[ u- I 'ct ~I<. () 2. b ..s
Name (please12 ' t)
l ~1.,1 d../~ . ~
~"-yZ CZ . "ff'" CJCj'
. Signature I
{j
Claudia Rogers
9221 Barton Ct
La Porte TX 77571-7906
I
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A Meeting of the La Porte
Scheduled for
RECEIVED
NOV 1 4 2006
PLANNING DEPT~
Pla~ & Zoning Commission
(Type of Meeting)
~ovember16,2006
(Date of Meeting)
to Consider
Rezone Request #R06-003
(Type of Request)
I have received notice of the above referenced public hearing.
I am in FAVOR of granting this request for the following reasons:
IHe 12..-1.. dl'st.rrct c;::ll\ows fOv- C\~ ~ orl\e.v- r~[Il.H\le1'i it'\~Se..-
l!.or\l!eV\-t:.v~'Ons. of ~:h.ue..'li r1.j Uf'\./6s.. On ~,'s fUt.lJte h"j h -tv~,...c.
\-"O~c.l, ~c;. When I't e~~cls. -tlt\rOlJ3k ~ #\e ~o~ I ii:.. would be.
MOve I ~..('"~( ~k p...c>p~ (t~ dloV\j CQ.v\~d& -to be. Ye'ZOY\ee:l -10
0eVlev-ol COM"""~~ &-L
I am OPPOSED to granting this request for the following reasons:
Ff26P E. PAll l-U..s.
N=e~
J~
Signature
qz:zs ~ ~A t!.oUR-r
Address
LA. Po{2.Te j n~ 77571
City, State, Zip
PETITION TO THE LA PORTE CITY COUNCIkECEIVED
Rezone Request #R06-003 from (R-2) to (Ge) D~C 0 S 1~~~
CITY SECRETARY'S
We are ~ to the rezoning of the property destribed as OFFICF
TRS 692C, 693B, ~06 and 707 (17.771~,La Porte Outlots as
recorded in Volume 83, page 344, of the Deed Records of
Harris County, William M. Jones Survey, Abstract 482, La
Porte Harris County, Texas.
Address Phone'
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Disclaimer: The City of La Porte makes no representation or warranty as to the accuracy of this map and its information nor to its fitness for use. Any user of this map product accepts the same AS IS,
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City of La Pone
604 W. Fairmon! Parkway
La Porte, TX 77571
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9218 CADDO CT
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9225 BARTON CT
LA PORTE, TEXAS 77571
KYLE & SHELBY COPELAND
9225 DESIRABLE DR
LA PORTE TEXAS 77571
FREDERICK E PAULUS
9225 SAN SABA CT
LA PORTE, TEXAS 77571
BOBBY GRISHAM
4650 CENTER ST.
DEER PARK, TEXAS 77536
TOLAR GLENN M & TRUSTEE
4650 CENTER ST
DEER PARK, TX 77536
MANUEL & MICHELLE TlSNADO
9202 WICHITA DR
LA PORTE, TEXAS 77571
BRANT MORGAtL. 0
9214 CADDO CT
LA PORTE, TEXAS 77571
ISMAIL K ELABDALLAH
9222 BARTON CT
LA PORTE, TEXAS 77571
ROBERT & REBECCA MARTINEZ JR
9222 DESIRABLE DR
LA PORTE, TEXAS 77571
JOHN & CYNTHIA HARMON
9222 SAN SABA CT
LA PORTE, TEXAS 77571
TRANSPORT REALTY INC
PO BOX 10048
FORT SMITH, AR 72917-0048
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990 RICHMOND AVE STE 106
HOUSTON, TX 77042
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9205 CADDO CT
LA PORTE, TEXAS 77571
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9221 BARTON CT
LA PORTE, TEXAS 77571
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9221 DESIRABLE DR
LA PORTE, TEXAS 77571
TERI ANN MCMULLEN
9221 SAN SABA CT
LA PORTE, TEXAS 77571
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DeWalt's Towing LLC
PO Box 261
La Porte, TX 77572-0261
City of La POrle
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La Porte, TX 77571
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PETITION TO THE LA PORTE CITY COUNCIRECEBVED
Rezone Request #R06-003 from (R-2) to (Ge)
DEe 0 8 2006
CITY SECRETARY'S
We are OPPOSED to the rezoning of the property described as OFFICE
TRS 692C, 693B, J06 and 707 (17.7717), La Porte Outlots as
recorded in Volume 83, page 344, of the Deed Records of
Harris County, William M. Jones Survey, Abstract 482, La
Porte Harris County, Texas.
Address
Phone'
2-2,S &~ U
;2(( I -t(-,Cf - i'13 3
~ 8..~/-4t -~77~
qJO~ (JgJtAiil? ~~
d8(- 471' c1(;;S-O
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MI--11914~
2. 8 ~. y 7 1.5-<::)" b
PETITION TO THE LA PORTE CITY COUNCIL
Rezone Request #R06-003 from (R-2) to (GC)
Weare OPPOSED to the rezoning of the property described as
TRS 692C, 693B, :706 and 707 (17.7717), La Porte Outlots as
recorded in Volume 83, page 344~ of the Deed Records of
Harris County, William M. Jones Survey, Abstract 482, La
Porte Harris County, Texas.
Name
~. ~.~'
/-> n/
r( -) ..
. \ ,
I \ .
L \f?t~~c> y (VI n -tf 111 SG 1/ _.'
t-'"
L \ \ c\\~(Yd.'~\'\
e,~ 6 f ke '" ^ :i!.. k-L.-
Address
Phone'
'\ 2DL )4 Y\ ~\x.. C'\-
~2-~! 5~;y M~4 C.
92 L. 5" /Y!1f/fA7tl 'h2-
-781- Sl{z-b~1z..
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9~/7 J/YJ/1I!/ld p~
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'1203' MchAW k cl/, !ZY'{ '{-f lr O{ rS-
2j;\ -[i)J - O~QCj
A S ~. ;)25/-41(" -4~SLf
PETITION TO THE LA PORTE CITY COUNCIL
Rezone Request #R06-003 from (R-2) to (GC)
We are OPPOSED to the rezoning of the property described as
TRS 692C, 693B, 706 and 707 (17.7717), La Porte Outlots as
recorded in Volume 83, page 344, of the Deed Records of
Harris County, William M. Jones Survey, Abstract 482, La
Porte Harris County, Texas.
Address
Phone
Y/ -17~'-S$fq
dtll-) c.jz- 072 Y
d<?/-f- '/9~g eJ/S-
3 '7 3 J C~u.) CLk'lvw \~-r. ~ ~l - s-~!Z- - /9 Z-()
G~c{~ vJ ~. 2rl- if }1' ~i2 qcy
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37 OS- C;-/{)CI11w ~2,,-hl./(;-3150
3~~/ (/;od{lll.~ drf/-i]tJ~f7~7
3 L "3 c h 0 -c-r A- w ;;2 S- 1-- 47 b 19 foO
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~I-~- 1Clt 10
PETITION TO THE LA PORTE CITY COUNCIL
Rezone Request #R06-003 from (R-2) to (GC)
We are OPPOSED to the rezoning of the property described as
TRS 692C, 693B, :706 and 707 (17.7717), La Porte Outlots as
. recorded in Volume 83, page 344, of the Deed Records of
Harris County, William M. Jones Survey, Abstract 482, La
Porte Harris County, Texas.
Name
Address
Phone'
-/.', '~~.,
\
\
')_l{ /.... )..~o-~7,7/
t'9-q6~~&8~b
FJ2--LJ8'f-ibC/'Z
PETITION TO THE LA PORTE CITY COUNCIL
Rezone Request #R06-003 from (R-2) to (GC)
We are OPPOSED to the rezoning of the property described as
TRS 692C, 693B, :706 and 707 (17.7717), La Porte Outlots as
recorded in Volume 83, page 344, of the Deed Records of
Harris County, William M. Jones Survey, Abstract 482, La
Porte Harris County, Texas.
Name
Address
Phone'
"'-.. -~..-
~rVe7se.Q 1)lua'=C
~\'ly) Ar\l'l'S-\rcJ\ .~
r~/e()/t tV {l,4, i\\{>as
'fim y Klli5
9~ 01 fl:..\~ s C'/
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q:;bO I~~QS
9.;XJtl /6: fl1'S t/ T .
a d -r, /';j'
t.J () D te\ (;( ~ '-:;. .
o
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d-15( - 'I1Cj-3r7?
-
d8/-~130-oStx)
10
~
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Januarv 8. 2006
Appropriation
Requested By: .Tohn .Toprn~
Source of Funds:
Department: <\dlllhlilitntioll
Account Number:
Report:
Resolution:
Ordinance:
Amount Budgeted:
Exhibits: Ordinance
Amount Requested:
Exhibits:
Budgeted Item:
Yi:S
NO
Exhibits:
SUMMARY & RECOMMENDATION
At the October 23,2006 meeting, City Council was given information regarding appointments of members to a
committee for proposed bond referendum.
Council directed staff to prepare an Ad HOC Appointment Ordinance.
Action ReQuired bv Council:
Consider approval or other action regarding an ordinance appointing an Ad HOC Committee for Proposed Bond
Referendum.
M ,'j 0 rOo f06-lfwe{
u'rrl-;J ~~
ORDINANCE NO. 2007- Jq~1 l!u2(;2-o:?~
AN ORDINANCE APPOINTING MEMBERS TO THE 2007 BOND REFERENDUM AD HOC /
REVIEW COMMITTEE OF THE CITY OF LA PORTE, 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 hereby
appoints the following members to the City of La Porte 2007 Bond
Referendum Ad Hoc Review Committee, for the term commencing on the
effective date hereof, and expiring on the completion of the duties
of said ad-hoc committee:
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.
PASSED AND APPROVED, this 9Ji- day of VJ1Nuary ,2007.
By: ~~9~,-
Alton E. Porter
Mayor
ATTEST:
~ a. ttlJ.l11)
Mart a A. Gille t
City Secretary
APPROVED:
~-r~
Clark T. Askins
City Attorney
2
Ad Hoc Review Committee / Bond Referendum
(Tommy Moser's List)
Name
Phone #'s
Address
John Black 281-867-4227 401 Bayshore Drive
Cheryl Frobenius 281-471-5213 1107 East E Sreet
Joe Sease 281-471-4227 902 South 3rd Street
Sue Sabin 281-471-0582 11628 North "D" Street
Robert Daniels 281-471-0495 412 North 8th Street
Jesse Garcia 281-471-0538 wk 204 W Fairmont Pkwy
Dennis Dunham 281-471-4892 816 South 1st Street
Tom Campbell 281-471-8800 wk 128 South 8th Street
281-842-1727 hm 122 South 1 st Street
Lawrence Mc Neal 281-471-7488 622 North 12th Street
Dottie Kaminski 281-471-5015 325 South Carroll
Ad Hoc Review Committee / Bond Referendum
(Chuck Engelken's List)
Name
Phone #'s Address
Larry Josey
Dr Bobbye Worsham
281-930-1253 9530 Rustic Gate Rd
281-479-1933 church 9025 Carlow
Ad Hoc Review Committee / Bond Referendum
(Peter Griffith's List)
Name Phone #'s Address
Sam Zabrowski (281) 471-0954 521 S. Utah
Eric Pitre (281) 471-2000 816 Park A V La Porte
Chad Cox (281) 478-0703 9229 Wichita Dr
Vanessa Maduzia (281) 470-0943 10935 Fairwood
Trish Nowetner ? ?
11
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested January 8, 2007
Requested By: Mayor Porter
Appropriation
Source of Funds:
Department:
Mayor :iUlQ City CQ'ulcil
Account Number:
n/a
Report:
Resolution:
Ordinance:
x
n/a
Amount Budgeted:
u/a
Exhibits:
OrdinancCl>C~ J
Amount Requested:
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
City Council to approve appointing positions on Boards and Commissions for vacant slots.
Chapter 172 Employee, Retiree Insurance and Benefits Board:
Retiree Representative - vacated by Buddy Jacobs.
La Porte Development Corporation Board - 4B Corporation
Deborah Johnson - Term Expiration 2007 - resigned from board position vacant
Youth Advisory Council - Inactive
Advise staff if any other changes regarding positions Council desires.
Action Required bv Council:
Consider approving Ordinance appointing members to various Boards and Commissions and adopt ordinance of
choice regarding the Zoning Board of Adjustment Chairperson.
enda
Ifp?
ate
ORDINANCE NO. 2004-2782-P
AN ORDINANCE APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS,
AND COMMITTEES, OF THE CITY OF LA PORTE; PROVIDING A SEVERABILITY
CLAUSE; CONTAINING A REPEALING CLAUSE; 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:
. Indicates reappointment
Section 1.
The City Council of the City of La Porte hereby
makes the following appointments to the Airport Advisory Board for
the City of La Porte Municipal Airport, for terms expiring on
August 31st of the year indicated, or until their successors shall
have been duly appointed and qualified:
Position 1. - Debra Rihn
Position 2 . - Nick Hooke
Position 3. - * Hector Villarreal
Position 4. - * Tucker Grant
Position 5. - Steve Gillett
Position 6. - Eliminated by City Council
on 7/13/98 by Ord. 98-2265
2007
2007
2009
2009
2007
FAA Representative
William Gray
No Term
Airline Representative -
Dan Myhaver
No Term
Section 2. The City Council of the City of La Porte hereby makes
the following appointments to the Board of Directors of the City
of La Porte Reinvestment Zone Number One, for terms expiring on
August 31st of the year indicated, or until their successors shall
have been duly appointed and qualified:
Position 1 Peggy Antone 2007
Position 2 * Dave Turnquist 2008
Position 3 Alton Porter 2007
Position 4
Position 5
Position 6
Position 8
*Horace Leopard
Doug Martin
*J. J. Meza
*Chester Pool
2008
2007
2008
2008
The City Council of the City of La Porte hereby ratifies the
following appointments by La Porte Independent School District and
Harris County:
Position 7 Dr. Say (LPISD) 2007
Position 9 Lindsay Pfeiffer (Harris Co.) 2007
Section 3. The City Council of the City of La Porte hereby
makes the following appointments to the Chapter 172 Employee
Retiree Insurance and Benefi ts Commi ttee r for terms expiring on
August 31st of the year indicated, or until their successors shall
have been duly appointed and qualified:
Citizen Position 1 George Van Dyke No Term
Citizen Position 2 Steve Valerius No Term
Retiree Participant - S amm y Jacobs No Term
Employee Participant - Karen Beerman No Term
Finance Staff Michael Dolby No Term
H.R. Staff Robert Swanagan No Term
Legal Staff Clark T. Askins No Term
Alternate Pos. 1 Matt Daeumer No Term
Alternate Pos. 2 Julie Graham No Term
Alternate position 1 may participate in all meetings of the
committee but is entitled to vote only in the absence of a regular
member; Al ternate position 2 may participate in all meetings of
2
the committee but is entitled to vote only in the absence of a
regular member, where Alternate Pos. 1 member is not present, or
where more than one regular members are absent.
Section 4. The City Council of the City of La Porte hereby makes
the following appointments to the Fiscal Affairs Committee,
without term, or until their successors shall have been duly
appointed and qualified:
Date Appointed
Chairman Chuck Engelken 1998
Committee Member - Barry Beasley 2004
Committee Member - Howard Ebow 1998
Alternate Member - Louis Rigby 2004
Alternate Member - Tommy Moser 2004
Section 5. The City Council of the City of La Porte hereby
makes the following appointments to the Fire Code Review Board of
the City of La Porte, for terms expiring on August 31st of the
year indicated, or until their successors shall have been duly
appointed and qualified:
District 1 Tim Bird 2008
District 2 *Jeff Brown 2009
District 3 *Woodrow Sebesta 2009
District 4 *Floyd Craft 2009
District 5 Jim Bridge 2006
District 6 Lester Clark 2008
At Large-A *Bryan Moore 2009
At Large-B Paul Vige 2008
Mayor *Lynn Green 2009
3
Section 6. The City Council of the City of La Porte hereby
makes the following appointments to the La Porte Area Water
Authority, for terms expiring on August 31st of the year
indicated, or until their successors shall have been duly
appointed and qualified:
Position 1
Position 2
Position 3
Position 4
Position 5
Section 7.
Robert Roy
Dennis H. Steger
Steve Valarius
2007
2007
2007
2008
2008
*Chester Pool
*Paul Berner
The City Council of the City of La Porte hereby
appoints the following named persons, all of whom are residents of
the City of La Porte, and no more than four of whom are elected
ci ty officials or city employees, to serve as directors of the
City of La Porte Development Corporation without compensation, but
wi th reimbursement for actual expenses, for terms expiring on
August 31st of the year indicated, or until their successors shall
have been duly appointed and qualified:
Chuck Engelken
*Mike Clausen
Tommy Moser
*Bill Love
Ed Matuszak
*Pat Muston
Trent Wise
2007
2008
2007
2008
2007
2006
2007
Section 8. The City Council of the City of La Porte hereby
makes the following appointments to the La Porte Health Authority,
4
for terms expiring on August 31st of the year indicated, or until
their successors shall have been duly appointed and qualified:
Health Authority Abdul R. Moosa, M.D. 2008
Alternate Robert D. Johnston, M.D. 2008
Medical Advisor/EMS Oscar Boultinghouse Contract
Section 9. The City Council of the City of La Porte hereby
makes the following appointments to the La Porte Redevelopment
Authority, for terms expiring on August 31st of the year
indicated, or until their successors shall have been duly
appointed and qualified:
Position 1
Peggy Antone 2007
*Dave Turnquist 2008
Alton Porter 2007
*Horace Leopard 2008
Douglas Martin 2007
*J.J. Meza 2008
Dr. Say 2007
*Chester Pool 2008
Lindsay R. Pfeiffer, Chairman 2007
The City Council of the City of La Porte hereby
makes the following appointments to the Main Street District
Commi ttee, an "ad hoc" committee, without term, or until their
successors shall have been duly appointed and qualified:
Bill Manning, Chairman No Term
Robert Schlenk, Vice Chairman No Term
Douglas Martin No Term
Vicki Campise No Term
Position 2
Position 3
Position 4
Position 5
Position 6
Position 7
Position 8
Position 9
Section 10.
5
Paul Berner
Pat Muston
Gloria Lair
No Term
No Term
No Term
Brenda Brown No Term
Section 11. The City Council of the City of La Porte hereby
makes the following appointments to the Main Street Advisory
Board, a new Board required by the Texas Historical Commission,
for terms expiring on August 31st of the year indicated, or until
their successors shall have been duly appointed and qualified:
Position 1- Edward Matuszak 2008
Position 2- Vicki Campise 2008
Position 3- Bill Manning, Jr. 2008
Position 4- Leandro Suarez 2009
Position 5- *Jerry Carpenter 2009
Position 6- Amanda Seymore 2009
Position 7- Michaelyn Dunaway 2007
Position 8- Claire Zaborowski 2007
Position 9- Lawrence McNeal 2007
Position 10 Position 10 Eliminated by Ordinance 2004-
2782-L on August 28th, 2006 by City Council action.
Position 11 Position 11 Eliminated by Ordinance 2004-
2782-L on August 28th, 2006 by City Council action.
There are also three (3) Ex Officio members of this Board:
1 the City of La Porte's Main Street Coordinator
2 the City Manager of the City of La Porte, or her
designee
6
the Manager of the La Porte-Bayshore Chamber of
Commerce
Section 12. The City Council of the City of La Porte hereby
makes the following appointments to the City of La Porte Planning
and Zoning Commission, for terms expiring on August 31st of the
year indicated, or until their successors shall have been duly
appointed and qualified:
3
Chairman
District 1
District 2
District 3
District 4
District 5
District 6
Alternate 1
Alternate 2
Section 13.
*Pat Muston 2009
Doretta Finch 2008
*Nick Barrera 2009
*Kirby Linscombe, Jr. 2009
Dottie Kaminiski 2007
Paul Berner 2007
Claude Meharg 2008
Hal La w 1 e r 2007
Les Bird 2008
The City Council of the City of La Porte hereby
makes the following appointments to the Southeast Texas Housing
Finance Corporation Board of Directors, for terms expiring on
August 31st of the year indicated, or until their successors shall
have been duly appointed and qualified:
Director
*patricia Muston
2009
Section 14. The City Council of the City of La Porte hereby
makes the following appointments to the Zoning Board of
Adjustment, for terms expiring on August 31st of the year
indicated, or until their successors shall have been duly
appointed and qualified:
7
Position 1 Sidney Grant 2007
Position 2 Bob Capen 2007
Position 3 Rod Rothermel 2007
Position 4 Charles Schoppe 2007
Position 5 George W. Maltsberger 2007
Alternate 1 * Lawrence McNeal 2008
Alternate 2 *Gilbert Montemayor 2008
The City Council of the City of La Porte hereby designates
George W. Maltsberger, of Position 5, to serve as Chairman of the
Zoning Board of Adjustment until the expiration of the member's
term of appointment as designated in this section, or until their
successor shall have been duly appointed and qualified.
Section 15. The City Council of the City of La Porte hereby
appoints the following named persons, all of whom are resident
electors of the City of La Porte or non-resident individuals
owning or operating a business within the City of La Porte, duly
verified by proof of an applicable tax statement or utility
account for such business, and each of whom the City Council deems
competent to serve on such Board by virtue of their experience and
training in matters pertaining to building construction, and none
of whom are employed by the City of La Porte, to serve as members
of the Building Codes Appeals Board for terms expiring on August
31st of the year indicated, or until their successors shall have
been duly appointed and qualified:
Position 1 Tom Campbell
position 2 Terry Bunch
position 3 Paul Larson
2007
2007
2007
8
Position 4 Ron Holt 2007
Position 5 Ken Schlather 2007
Position 6 John Elfstrom 2007
Position 7 Bruce Compton 2007
Section 16. The City Council of the City of La Porte hereby
makes the following appointment to the Fire Fighters Pension Board
of Trustees, to serve without term or until his successor shall
have been duly appointed and qualified:
City Council Representative *John Joerns 2007
Section 17. 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 18. All ordinances or parts of ordinances in
conflict herewith are repealed to the extent of such conflict
only.
Section 19. The City Council officially finds, determines,
reci tes, 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
9
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 20. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 8th day of January, 2007.
By:
CfITY OF.. LA PQR~E".)----1_
!~~/.~~
Alton E. Porter
Mayor
ATTEST:
~Glhf(~f
City Secretary
APPROVED:
;:i;w-;;r~.
C ark T. Askins
Assistant City Attorney
10
12
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Januarv 8. 2007
Appropriation
Requested By: John Joerns, Interim City Manager
Source of Funds:
Department: Administration
Account Number:
Report:
Resolution:
Ordinance:
Amount Budgeted:
Percentage Increase Scenarios
Amount Requested:
Exhibits:
Exhibits:
Budgeted Item:
Exhibits:
SUMMARY & RECOMMENDATION
Attached is a summary with certain assumptions regarding the use of the funds included
($550,000) in the FY2006-2007 budget for compensation of employees.
Council has expressed their interest in moving forward with a decision on the use/distribution of
these funds.
Action Required by Council:
Direct Staff on the use/distribution of funds for compensation of employees.
if' /07
Date (
~t~
\~\
Percenta2:e Increase Scenarios
(1) Effective Date .January 1, 2007:
.....:.:.:..
Each of the above scenarios l(a) and 1 (b) will require approximately $733,000 (an
additional $ 185,000 nextfiscal year plus any merit increases, step increases, pay plan
adjustment, etc. ......
(2) Effective Date October 1, 2006: (Full Year Retroactive)
(3) Lump Sum Distribution Scenarios
Approximate Salary Level (w/o benefits, taxes etc. considered) that would equate to
the various lump sum distributions.
Employees above this salary amount would receive> $1,200 or $1,450
Employees below this salary amount would receive < $1,200 or $1,450
· Assumptions:
o Use the entire $550,000 budgeted
o % across the board scenarios include benefits
o Assume the same $550,000 is available next year - some scenarios (la
and b) require additional funding next year.
o No change in other budget assumptions i.e. attrition rates etc, -
Comments
* Assuming Council wants to compensate all employees (not just those> 1 year
service) and reach the lower paid employees, then the lump sum distribution of
$1250 would target:
* 208 Employees-salary is less than $ 38,461
(147 Employees-salary is greater than $38,461)
15
A
RE UEST FOR CITY
UNCIL AGENDA ITEM
Agenda Date Requested: 1-8-07 ~
Req.ested By: w.y.eJ.~v1'
~
Appropriation
Source of Funds: Nt A
Account Number:
Department:
Plannine:
Amount Budgeted:
Report: ...K- Resolution: _Ordinance:
Amount Requested:
NtA
Exhibits: Power Point Presentation
Budgeted Item:
SUMMARY
During the December 11, 2006, Council meeting, some concern was voiced over the public
notification procedures used during the process for the proposed rezone of property along
Canada Road. While it was noted that the Staff used the procedures mandated by current State
Law and City Ordinances, the issue of the 200-foot mail-out for properties surrounding a
proposed rezone was raised.
The attached power point presentation outlines the issue in regards to State Law, City
Ordinances and some history gathered by Staff as to notification and response ratios in an effort
to solicit guidance and direction from Council as to any modifications to the notification process
that they may deem necessary. As a reminder, a general rule is that City Ordinances may be
more strict than State Law but not more lenient or in conflict; and all proposed modifications to
the procedures as outlined in Chapter 106 (Zoning) must be directed to the Planning and Zoning
Commission for a preliminary recommendation before being heard by Council.
The annual budget set aside for postage to cover mail-out and notification procedures for the
Planning and Engineering Divisions of the Planning Department is $1,300. Any proposed
increase or modification to the 200-foot mail-out would, therefore, affect the budget
proportionally.
Action Required bv Council:
1. Provide guidance to Staff regarding proposed modifications to the notification procedures used
for public hearings as outlined in current City Ordinances; Chapter 106 (Zoning).
2. Direct Staff to prepare any proposed modifications to be heard by the Planning and
Zoning Commission.
Approved for City Council Ae:enda
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TEXAS LOCAL GOVERNMENT
CODE 2006 EDITION
I
. SECTION 211.006 a.: A regulation or
boundary is not effective until after a
public hearing on the matter at which
parties in interest and citizens have an
opportunity to be heard. Before the 15th
da'l before the date of the hearing, notice
of time and place of the hearing must be
published in an official newspaper or a
newspaper of general circulation in the
municipality.
1--
TEXAS LOCAL GOVERNMENT
CODE 2006 EDITION
. SECTION 211.007 c. Zoning Commission:
~ "Before the 10th da'l before the hearing date,
written notice of each public hearing before
the zoning commission on a proposed change
in a zoning classification shall be sent to each
owner, as indicated by the most recently
approved municipal tax roll, of real property
within 200 feet of the property on which the
classification is proposed."
~ NOTE: A SCUP is considered a change to the
zoning ordinance.
City Code of Ordinances
Chapter 106, Zonin
---1
. Section 106-171 Amendment Procedures.
~ Before taking any action on any proposed
amendment, supplement, change, or
modification, the city council shall submit
the same to the city planning and zoning
commission which shall make a
preliminary report and hold a public
hearing thereon before submitting its final
report to the city council.
City Code of Ordinances
Chapter 106, Zonin
. Section 106-171 Amendment procedures.
~ 106-171 (2). Notice of public hearing before
the city planning and zoning commission.
Written notice of all public hearings before
the P&Z on proposed changes in
classification shall be sent to owners of
real property lying within 200 feet of the
property on which the change in
classification is proposed, such notice to
be given not less than 10 da'l! before the
date set of hearing, to all owners...on the
last approved city tax roll...
City Code of Ordinances
Chapter 106, Zonin
. Section 106-171 Amendment procedures.
~ 106-171(2) (con't).: At least 15 days notice of the
time and place of such hearing shall be published
once in a newspaper of general circulation.
~ 106-171 (3): Publication of notice. In the event a
public hearing shall be held by the city planning
and zoning commission in regard to a change to
this chapter not involving particular property but
involving a change in the chapter generally, notice
of hearing shall be given by publication in a
newspaper.. .15 days from the day of such
publication
City Code of Ordinances
Chapter 106, Zonin
. Section 106.171 (5) Public hearing before
city council. Upon receipt of the written
recommendation from the P&Z.. .(within 30
days)...8 public hearing shall be held by
city council before adopting any proposed
amendment.. .Notice.. .by publication...
h.earing shall not be earlier than 15 days
from the day of such publication.
City Code of Ordinances
Chapter 106, Zonin
. Section 106-194. Notice of public hearing
before the board of adjustment. The
notice of public hearings provided for in
this section shall be given by publication
once in a newspaper of general circulation
stating the time and place of such
hearings, which shall not be earlier than
ten (10) days from the date of such
publication, and...shall mail notices of
such hearing to the petitioner and all
owners of property lying within 200 feet...
Actions Requiring I5-Day Public
Notification (PublicatioI!l_
,-----
I
. Amendments, Supplements or
Modifications to the Zoning Ordinance
(P&Z and City Council).
. Rezone Requests (P&Z and City Council).
. Special Conditional Use Permits (SCUPs)
(P&Z and City Council).
. Changes not involving a particular
property but the chapter in general (P&Z
and City Council).
Actions Requiring to-Day Public
Notification (Publication)
I I
-Appeals (ZBOA).
-Variances (ZBOA).
- Special Exceptions (ZBOA).
Actions Requiring to-Day Public
Mail-out (200 Foot Rin
. Rezone Requests (P&Z only).
. Special Conditional Use Permits
(SCUPs) (P&Z only).
. Variances (ZBOA).
. Special Exceptions (ZBOA).
Actions Requiring Special 30-Day Published
Notification and Public Mail-out (200 Foot Ring)
L-_
. Extended Useful Life and Termination
(ZBOA Section 1 06-266).
. Application For Exemption From Extended
Useful Life Requirement (ZBOA Section
106-265).
. Revocation of Nonconforming Use Status
(ZBOA Section 1 06-267).
Mail-Out History
Special Conditional Use Permit (SCUP)
06-001 06-002 06-003 06-004 06-005 06-006 06-007
Mailout 9 6 6 6 6 6 6
Response 0 0 0 0 0 1 0
Returns 2 2 1 2 1 1 1
Present 1 0 0 0 0 2 0
Mail-Out History
I
Rezone Request
06-001 06-002 06-003 06-004
Mailout 12 12 18 41
Response 1 1 3 1
LJ
Returns 2 2 0 2
Present 1 4 3 0
Mail-Out History
Main ~treet ulstrlct L__
Percentage
Mailout 234
Response 5 2.140/0
Returns 32 140/0
Present <20 8.500/0
Large Lot District
Percentage
Mailout 854
Response 49 5.700/0
Returns 22 2.600k
Present >50 5.900k
Staff Procedure
I
I
I
. Public notification & mail-out
. Obtain from the Engineering/Drafting Division, a 200'
radius map for the property in question. 1 hr.
. Copy all names and addresses of the properties within
200' from the current Harris County Appraisal District
Tax Roll Records. 1 hr.
. Type all the labels as per address list. 2 hr.
. Make copies of the public notice, public notice reply
form, and general information form describing the
purpose of sending notice to those
individuals/recipients. ~ hr.
. Assemble return address envelopes and place proper
postage. ~ hr.
B
REOUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Reqnested: 1..08-0'" .^
Requested By: Wayne J. ~':1:
Appropriation
Source of Funds: N/A
Account Number:
Amount Budgeted:
Amount Requested:
N/A
Budgeted Item:
Department: Plannine
Report: ~ Resolution: _Ordinance:
Exhibits: Draft Ordinance Amending Chapter 78
Chapter 78, Code of Ordinances
Appendix A-Fees
Wrecker Service Survey
SUMMARY
The Wrecker Committee was established by Section 78-221, Chapter 78 (Vehicles for Hire) of the Code of
Ordinances in the early 1990's. Composition of the Committee is the Chief of Police (or designated representative),
the City Secretary and the City Manager (or designated representative).
On November 6, 2006, the Wrecker Committee reviewed the Code of Ordinances, Chapter 78, and Appendix A,
"Fees" for possible amendments or modifications. After a complete review, the Committee recommends the
following modifications to Chapter 78:
. That the number of E- Tags for auto wreckers be regulated by the promotion of Public Safety (conforms to
Federal Law where the "need and necessity" language was struck down).
. Clarification for applicants' right of appeal to City Council (eliminates conflict between Sections 78-233
and 78-224)
. Clarifies the right of an applicant whose permit is being considered for revocation or suspension to have a
10-day written notice and a public hearing (eliminates conflict between Sections 78-223 and 78-272).
. Clarifies charges for applications.
· Eliminates the perceived conflict in the ordinance, Section 78-297, by ensuring that only one vehicle is
permitted by an E- Tag (previously it appeared that multiple vehicles were allowed on one E- Tag).
. Adds the process in Section 78-297 that an applicant must have his proposed wrecker yard inspected by the
Inspections Division to ensure compliance with zoning district regulations prior to the public hearing
(previously the only requirement to complete the process was that the yard was within City limits)
· Changes the word "licensed" to ''permitted'' in Sections 78-300 and 78-301 regarding the permit process to
avoid confusion with terms used by State regulations.
Upon the review of fees, the Committee recommends that given the fact that there has been no increase in the base
fee rate for a non-consent tow (consent tow fees cannot be regulated) in the last 15 years, and given that operational
costs have increased, the rate for a normal tow be increased from $65 to $80 (exclusive of additional charges for
special conditions such as rollover). This base fee increase is lower than Baytown ($125), Pasadena ($110) and
Webster ($115); but higher than Deer park ($55). The maximum charge for a tow, inclusive of all situations, would
be increased from $105 to $120.
Action Reauired bv Council:
1. Provide guidance to staff to prepare an ordinance to amend Chapter 78 ofthe Code of Ordinances.
2. Provide guidance regarding the base fee for a normal, non-consent tow in the City of La Porte.
A roved i. . A enda:
1~!07
Date
ORDINANCE NO.2007-
AN ORDINANCE AMENDING CHAPTER 78 "VEHICLES FOR HIRE" OF THE CODE
OF ORDINANCES OF THE CITY OF LA PORTE, BY AMENDING ARTICLE III
"AUTOMOBILE WRECKER AND TOWING VEHICLES", DIVISION 1,
"GENERALLY", SECTION 78-31 "DEFINITIONS"; BY AMENDING DIVISION 2
"WRECKER COMMITTEE" SECTION 78-222 "AUTHORITY TO PROMULGATE
RULES OF OPERATION" AND SECTION 78-224 "APPEAL FROM THE FINDINGS
OF THE COMMITTEE"; BY AMENDING DIVISION III "PERMITS", SUBDIVISION I
"IN GENERAL", SECTION 78-247 "PERMITS ARE PERSONAL TO OWNER;
TRANSFERAL"; BY AMENDING SUBDIVISION II "TOWING VEHICLE PERMIT",
SECTION 78-272 "APPLICATION"; BY AMENDING SUBDIVISION III "AUTO
WRECKER PERMIT", SECTION 78-297 "APPLICATION", SECTION 78-298
"NOTIFICATION OF APPLICANT OF STATUS", SECTION 78-300 "FEE", AND
SECTION 78-301 "ISSUANCE"; BY AMENDING DIVISION 4 "REGULATIONS"
SECTION 78-329 "PERMISSIBLE FEES AND CHARGES"; PROVIDING FINDINGS
OF FACT AND OTHER MATTERS RELATED THERETO; PROVIDING
AFFIRMATIVE DEFENSES; PROVIDING FOR A PENALTY; PROVIDING A
SEVERABILITY CLAUSE; CONTAINING AN OPEN MEETINGS CLAUSE;
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND
PROVIDING AN EFFECTIVE DATE HEREOF;
Section 1. That Chapter 78 ofthe Code of Ordinances of the City of La Porte is hereby amended
by amending Article III "Automobile Wrecker and Towing Vehicles", Division 1 "Generally",
Section 78-196 "Definitions." to add in proper alphabetical sequent the following definitions:
"Consent towing means any tow of a motor vehicle with the consent of the owner or operator of
the vehicle.
Non-Consent towing means any tow of a motor vehicle without the consent of the owner or
operator of the vehicle."
Section 2. That Chapter 78 of the Code of Ordinances of the City of La Porte is hereby amended
by amending Article III "Automobile Wrecker and Towing Vehicles", Division 2 "Wrecker
Committee", Section 78-222 "Authority to promulgate rules of operation." to read as follows:
"Sec. 78-222. Authority to promulgate rules of operation.
The wrecker committee is hereby authorized to promulgate any and all rules and regulations
relating to the operation of towing vehicle and auto wreckers, insofar as such rules and
regulations are not inconsistent with any of the provisions of this article and deemed necessary to
protect public safety and welfare. Specifically, but without limitation, the committee is hereby
authorized to promulgate any rules relating to restrictions on the number of auto wreckers which
may operate on the streets of the city at anyone time, to the extent any such rules are directly
related to the promotion of public safety. The committee shall cause the city secretary to serve
copies of such rules on owners at their registered addresses by certified mail. Such notices shall
fully set out any rules promulgated, and the effective dates of such rules. Any permit holders
shall have the right, in accordance with the provisions of section 78-224, to appeal to the city
council with regard to any rules and restrictions promulgated by the committee felt by such
permit holder to be unduly onerous."
Section 3. That Chapter 78 of the Code of Ordinances of the City of La Porte is hereby amended
by amending Article III "Automobile Wrecker and Towing Vehicles", Division 2 "Wrecker
Committee", Section 78-224 "Appeal from the findings of the committee." to read as follows:
"Section 78-224. "Right of Appeal from the rulings or findings of the committee."
Subject to restrictions on appeal under Section 78-222 of this Article, on all issues heard by the
committee there is a general right of appeal to the City Council. After the wrecker committee has
made its findings and declares such findings, the applicant, or any person opposing the
application who entered an appearance at the hearing before the committee, shall have the right
to file an appeal within ten days from the receipt of the city secretary's written notice, or from the
date of the published notice, as applicable. The appeal shall be in the form of a letter addressed to
the city secretary stating that an appeal from the decision of the committee is desired. The city
secretary shall notify the city council of such appeal, and the council, as soon as practicable, after
receiving such notice of appeal, together with the findings of the committee, shall grant or deny,
in open session, such application for a hearing. If a hearing is granted, the city council shall
sustain, modify or reverse the findings made by the committee and shall so notify the city
secretary of its findings. The findings of the city council shall be final. If no appeal is made to
the city council from the committee's decision within ten days, as indicated in this section, then
such decision shall become final."
Section 4. That Chapter 78 of the Code of Ordinances of the City of La Porte is hereby amended
by amending Article III "Automobile Wrecker and Towing Vehicles", Division 3 "Permits",
Subdivision I. "In General", Section 78-247 "Permits are personal to owners; transferaL", to
read as follows:
"Section 78-247. Permits are personal to owners; transferal.
A permit issued under this article for a towing vehicle or an auto wrecker shall be a personal
permit to the owner and shall not entitle any other person or corporation to operate such towing
vehicle or auto wrecker. The permits issued pursuant to this article are transferable as between
owners only upon the express approval of the committee, and shall be subject to a transfer fee in
an amount established by the city and listed in appendix A of this Code, if approved. A denial of
the right to transfer a permit may be appealed to the city council, in compliance with the terms of
section 78-224. Upon cancellation of any permit no portion of the permit fee shall be refunded to
the owner."
Section 5. That Chapter 78 of the Code of Ordinances of the City of La Porte is hereby amended
by amending Article III "Automobile Wrecker and Towing Vehicles", Division 3 "Permits",
Subdivision II. "Towing Vehicle Permit", Section 78-272 "Application.", to read as follows:
"Section 78-272. Application
Any owner desiring to operate a towing vehicle in the city shall apply in writing for a permit to
the city secretary, and shall state the following in his application:
(1) The name and address of the owner. If an individual, the application shall so state. If a
partnership, the partnership name and address shall be given, together with names and addresses
of all partners. If a corporation, the corporate name and office address shall be given, together
with the names and addresses of the president and secretary.
(2) The number of towing vehicles the owner desires to operate, listing the make, model,
vehicle identification number and correct state license number of each towing vehicle.
(3) The true ownership of each towing vehicle. If not owned outright by the owner, the name
and address of the true owner shall be given. If the towing vehicle is operated under the terms of
a contract with some company other than the owner, a copy ofthe contract shall also be attached.
(4) A statement that the owner will obey the provisions of this article, the rules and
regulations promulgated by the chief of police, and all other ordinances and statutes applicable to
motor vehicles and agrees that upon his failure to so obey such laws that his permit may be
revoked or suspended after a public hearing by the committee with 10 days prior written notice.
(5) The application shall be signed by the owner. If a partnership, it shall be signed by a
member of the firm. If a corporation, it shall be signed by the president and attested by the
secretary and the corporate seal affixed. In all cases, the person signing shall execute an affidavit,
on the application form, that the statements contained in such affidavit are true and correct. Such
application shall be accompanied by an annual towing vehicle permit fee in an amount
established by the city and listed in appendix A of this Code for each towing vehicle the owner
desires to operate. All permits shall expire on December 31 of each year and shall then be
renewed upon submission of a properly executed application and the annual auto wrecker permit
fee until the next succeeding December 31. If a permit is granted subsequent to January 1 in any
permit year, the fee shall be paid pro rata for the balance of the year, and any portion of a month
shall be considered as an entire month in calculating the fee to be charged."
Section 6. That Chapter 78 of the Code of Ordinances of the City of La Porte is hereby amended
by amending Article III "Automobile Wrecker and Towing Vehicles", Division 3 "Permits",
Subdivision III. "Auto Wrecker Permit", Section 78-297 "Application.", to read as follows:
"Section 78-297. Application
Any owner desiring to operate an emergency auto wrecker in the city shall make application to
the city secretary for an auto wrecker permit. Such application shall be submitted upon forms to
be furnished by the city secretary, and the applicant shall furnish the following proof and
information with his application:
(1) The name and address of the owner shall be stated, and if the auto wrecker is to be
operated under the name of some company other than the name of the owner, then the name of
the company shall be stated. Accompanying the application shall be a signed copy of the
agreement and contract between the owner and the company in whose name the auto wrecker is
to operate. The auto wrecker permit shall be issued in the joint names, and no transfer from one
company to another company by the owner shall be permitted. If the applicant is an individual,
the application shall so state. If the applicant is a partnership, the partnership name and address
shall be given together with the names and addresses of all partners. If the applicant is a
corporation, the corporate name and office address shall be given, together with the names and
addresses of the president and secretary. All of the provisions and requirements applicable to
persons in this article shall apply to and be required of each partner or each principal officer, and
the failure of any of them to meet such requirements shall be grounds to deny the application of
the corporation or partnership. All changes of such officers or partners shall be reported to the
city secretary within ten days after the change, and such new officers or partners shall
individually file applications certifying to their individual qualifications within such time. The
failure to certify within such time or to possess such qualifications required of such persons
under this article shall be cause for the suspension of all permits held by such corporation or
partnership.
(2) The application shall list the make, model, motor number and correct state license
number of the vehicle to be licensed by the applicant as an auto wrecker.
(3) Any person making application for an auto wrecker permit shall deposit with the city
secretary, upon making the application, a sum of money in the amount established by the city
and listed in appendix A of this Code. Such sum shall be used to pay for the advertising of such
application in the newspaper for two consecutive weeks, and for staffing, processing, and
reproduction costs incurred in connection with the application. Within 15 days after receiving
such sum and qualifying data, the city shall cause to be published in the newspaper for two
consecutive weeks a notice to all holders of auto wrecker permits and all other interested
persons. Such notice shall advertise the time and place of the public hearing, which hearing shall
be held not less than 15 days from the date of the first publication. Such notice shall give the
name of the applicant, the name of the business under which the applicant proposes to operate
and any other pertinent data that the city secretary may deem necessary. If the amount deposited
is insufficient to pay the cost of the advertising, staffing, processing, and reproduction costs
associated with the application, the city secretary shall then require the applicant to pay for the
deficiency.
(4) The committee shall have in attendance at such hearing a representative from the city
legal department, and any other persons that it may deem necessary to conduct such hearing.
(5) In determining whether the permit shall be granted, the committee shall take into
consideration the following:
a. The financial responsibility of the applicant;
b. Make, model and type of vehicle to be used;
c. Whether or not all insurance required by this article has been procured, or will be
procured;
d. That the applicant has a properly fenced storage facility for wrecked vehicles, the size of
his business location and lot, that the lot is located within the city limits and conforms to the use,
setbacks, parking, screening, landscaping and any other applicable regulations as set forth in
Chapter 106 of the Code of Ordinances. It is the responsibility of the applicant to request a site
inspection from the Planning Department, Inspections Division prior to the hearing;
e. Determine that all city ad valorem taxes and other taxes of the applicant have been paid;
f. Whether the vehicle shall be operated by the owner, or by his employee with a bona fide
employer/employee relationship;
g. Whether the applicant proposes to own, rent or lease the vehicle to be used;
h. The number of auto wreckers for the applicant then in existence and licensed;
i. Whether the applicant shall be able to demonstrate the ability to at all times respond to
police calls for emergency wreckers within 20 minutes of the call; and
j. Any and all other facts the committee may deem relevant."
Section 7. That Chapter 78 of the Code of Ordinances of the City of La Porte is hereby amended
by amending Article III "Automobile Wrecker and Towing Vehicles", Division 3 "Permits",
Subdivision III. "Auto Wrecker Permit", Section 78-298 "Notification of applicant of status.", to
read as follows:
"Section 78-298. Notification of applicant of status
"If the committee finds, after the hearing and investigation, that an applicant has met all of the
criteria listed in this division, the committee shall then instruct the city secretary to notify the
applicant in writing within ten days from the last date of the hearing that such vehicle is
authorized to operate under the provisions of this article so long as they are in compliance with
all of the provisions of this article and all federal, state, county and city laws and ordinances. The
committee shall also instruct the city secretary to publish an official notice of its findings in the
newspaper within such time."
Section 8. That Chapter 78 of the Code of Ordinances of the City of La Porte is hereby amended
by amending Article III "Automobile Wrecker and Towing Vehicles", Division 3 "Permits",
Subdivision III. "Auto Wrecker Permit" Section 78-300 "Fee.", to read as follows:
"Section 78-300. Fee
The permit fee to operate an auto wrecker shall be an amount established by the city and listed in
appendix A of this Code per year for each auto wrecker which the owner is permitted to operate.
All permits shall expire on December 31 of each year and shall then be renewed until the next
succeeding December 31. If a permit is granted subsequent to January 1 in any permit year, the
fee shall be paid pro rata for the balance of the year, and any portion of a month shall be
considered an entire month in calculating the fee to be charged."
Section 9. That Chapter 78 of the Code of Ordinances of the City of La Porte is hereby amended
by amending Article III "Automobile Wrecker and Towing Vehicles", Division 3 "Permits",
Subdivision III. "Auto Wrecker Permit", Section 78-301 "Issuance.", to read as follows:
"Section 78-301. Issuance.
After the owner has filed his application for an auto wrecker permit, a hearing has been held, the
applicant has been approved by the wrecker committee, the applicant has filed the required
insurance, the auto wrecker to be permitted has been presented to the police department for an
inspection, the auto wrecker has passed such inspection, a certificate of passage of inspection has
been presented by the police department to the chief building official, and the city secretary and
city attorney have examined same and found them to be in compliance with the terms of this
article, the city secretary shall issue to the owner a permit to operate an auto wrecker in the city
upon the public streets, which permit shall bear upon its face the make, model, motor number,
permit number and the license number of the auto wrecker. Such permits shall be issued by the
city secretary upon authorization of the wrecker committee and shall be attached to the auto
wrecker. Such permits shall be attached to the front windshield of the auto wrecker, placed
immediately above the inspection sticker that has been issued by the state for the auto wrecker.
These permits are and shall always remain the property of the city. In the event of suspension or
revocation of a permit, for any cause, it shall be unlawful for the owner of the permit to retain
such permit, and he shall cause the permit to be destroyed or surrendered to the city secretary
immediately upon notification of such suspension or revocation, as is feasible.
Section 10. That Chapter 78 of the Code of Ordinances of the City of La Porte is hereby
amended by amending Article III "Automobile Wrecker and Towing Vehicles", Division 4
"Regulations", Section 78-329, "Permissible fees and charges.", to read as follows:
"Section 78-329. Permissible fees and charges for Non-Consent Towing."
Section 11. That Chapter 78 of the Code of Ordinances of the City of La Porte is hereby
amended by amending Article III "Automobile Wrecker and Towing Vehicles", Division 4
"Regulations", Section 78-329, "Permissible fees and charges.", subparagraph "a", to read as
follows:
"(a) Standard charge for normal non-consent tow. The standard charge for a normal non-consent
tow from the scene of an accident in the city limits to the place of business of the wrecker
operator, or other location, will not exceed an amount established by the City and listed in
Appendix A of this Code. A normal non-consent tow means picking up the vehicle or moving
and towing the vehicle from the street to a location."
Section 12. That Chapter 78 of the Code of Ordinances of the City of La Porte is hereby
amended by amending Article III "Automobile Wrecker and Towing Vehicles", Division 4
"Regulations", Section 78-329, "Permissible fees and charges.", subparagraph "b", to read as
follows:
"(b) Additional labor charges. Additional labor charges may be made for the following
additional labor that is not required in a normal non-consent tow."
Section 13. That Chapter 78 of the Code of Ordinances of the City of La Porte is hereby
amended by amending Article III "Automobile Wrecker and Towing Vehicles", Division 4
"Regulations", Section 78-329, "Permissible fees and charges.", subparagraph "c", to read as
follows:
"(c) Dollying of wrecked vehicles; charge. A charge not to exceed an amount established by the
city and listed in appendix A of this Code may be made when it is required to dolly a wrecked
vehicle, in non-consent tow situations. This charge shall be inclusive, and no other charge may
be imposed when it is made."
Section 14. That Chapter 78 of the Code of Ordinances of the City of La Porte is hereby
amended by amending Article III "Automobile Wrecker and Towing Vehicles", Division 4
"Regulations", Section 78-329, "Permissible fees and charges.", subparagraph "d", to read as
follows:
"(d) Maximum tow fees. The maximum charge for any and all non-consent tows from the scene
of an accident in the city limits shall be an amount established by the City and listed in appendix
A of the Code."
Section 15. That Chapter 78 of the Code of Ordinances of the City of La Porte is hereby
amended by amending Article III "Automobile Wrecker and Towing Vehicles", Division 4
"Regulations", Section 78-329, "Permissible fees and charges.", subparagraph "e", to read as
follows:
"(e) Storage charges. A charge not to exceed an amount established by the City and listed in
Appendix A of this Code, per day may be made for the storage of vehicles after the first 12
hours, when resulting from non-consent tows. If the vehicle is picked up during a time other than
8:00 a.m. to 5:00 p.m., Monday through Friday, the storage charge may be charged in any
event."
Section 16. Open Meetings. 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 17. Severability. Should any section or part of this ordinance be held unconstitutional,
illegal, or invalid, or the application to any person or circumstance for any reasons thereof
ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of
such section or part shall in no way affect, impair or invalidate the remaining portions thereof;
but as to such remaining portion or portions, the same shall be and remain in full force and effect
and to this end the provisions of this ordinance are declared to be severable.
Section 18. Effective Date. This Ordinance shall be effective fourteen (14) days after its
passage and approval. The City Secretary shall give notice of the passage of this ordinance by
causing the caption hereof to be published in the official newspaper of the City of La Porte at
least twice within ten (10) days after the passage of this ordinance, in accordance with the
provisions of Chapter 52, Texas Local Government Code, and the City of La Porte Charter.
PASSED AND APPROVED on the first reading on the _ day of 2007.
By:
Alton E. Porter
Mayor
ATTEST:
Martha A. Gillett
City Secretary
APPROVED:
Clark T. Askins
Assistant City Attorney
Chapter 78
Vehicles for Hire
Chapter 78
VEIDCLES FOR HIRE*
Article I. In General
Sees. 78-1-78-30. Reserved.
Article n. Taxicabs
Division 1. Generally
Sec. 78-31. Definitions.
Sec. 78-32. Penalty for violation of article.
Sec. 78-33. Enforcement of article; duty of police.
Sec. 78-34. Prosecution for violation of article provisions.
Sec. 78-35. Liability of city.
Sec. 78-36. Owner to employ only licensed drivers.
Sec. 78-37. Inspection; authority of city; minimum vehicle standards.
Sec. 78-38. Taxicab driver's license to be posted in cab.
Sec. 78-39. Identification of vehicles.
Sec. 78-40. Property left in vehicle; disposition.
Sec. 78-41. City officers and employees not to accept favors from owners or drivers.
Sec. 78-42. Maximum seating.
Sec. 78-43. Receipt and discharge of passengers.
Sec. 78-44. Parking.
Sec. 78-45. Consumption of alcoholic beverages in vehicle.
Sec. 78-46. Cruising.
Sees. 78-47-78-65. Reserved.
Division 2. Owner's Permit
Sec. 78-66. Required.
Sec. 78-67. Qualifications of applicants.
Sec. 78-68. Application; contents; fingerprints.
Sec. 78-69. Action on application; city approval and renewal.
Sec. 78-70. Fee.
Sec. 78-71. Temporary vehicle permits.
Sec. 78-72. Assignment.
Sec. 78-73. Expiration and revocation.
Sees. 78-74-78-95. Reserved.
Division 3. Driver's License
Sec. 78-96.
Sec. 78-97.
Sec. 78-98.
Required.
Qualifications and conduct of drivers.
Application; contents.
*Cross references-Businesses, ch. 22; traffic and vehicles, ch. 70; sign regulations, S
106-871 et seq.
CD78:1
VEHICLES FOR HIRE
Division 3. Permits
Subdivision I. In General
Sec. 78-246. Insurance; required coverages.
Sec. 78-247. Permits are personal to owners; transferal.
Sec. 78-248. Operation of unlicensed vehicle.
Sees. 78-249-78-270. Reserved.
Subdivision II. Towing Vehicle Permit
Sec. 78-271. Required.
Sec. 78-272. Application.
Sec. 78-273. Issuance.
Sec. 78-274. Additional and replacement.
Sees. 78-275-78-295. Reserved.
Subdivision III. Auto Wrecker Permit
Sec. 78-296. Required.
Sec. 78-297. Application.
Sec. 78-298. Notification of applicant of status.
Sec. 78-299. Denial.
Sec. 78-300. Fee.
Sec. 78-301. Issuance.
Sec. 78-302. Transfer.
Sees. 78-303-78-325. Reserved.
Sec. 78-326.
Sec. 78-327.
Sec. 78-328.
Sec. 78-329.
Sec. 78-330.
Division 4. Regulations
Wrecker rotation list.
Procedure by auto wrecker operators at scene of disabled vehicle.
Specifications and required equipment.
Permissible fees and charges.
Prohibited acts.
CD78:3
VEHICLES FOR HIRE
~ 78-33
ARTICLE I. IN GENERAL
Sees. 78-1-78-30. Reserved.
ARTICLE ll. TAXICABS*
DIVISION 1. GENERALLY
Sec. 78-31. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Driver means every person in actual control of the operation of a taxicab, whether as owner,
joint owner, agent, servant, bailee or employee.
Owner means any person having the control, direction, maintenance or benefit of collection
of revenue derived from the operation of a taxicab as owner, jointly or singularly, whether as
actual owner or otherwise, except as a driver.
Taxicab means every automobile or motor-propelled vehicle used for transportation of
passengers for hire over any street in the city, except motorbuses operated under a franchise
from the city and motorbuses operating under a permit or certificate from the state railroad
commission or the interstate commerce commission.
(Code 1970, ~ 24-1; Ord. No. 96-2135, ~ l(div. 1),9-23-96)
Cross reference-Definitions generally, ~ 1-2.
State law reference-Authority of city to license and regulate persons owning, operating
or controlling vehicles used for carrying passengers for hire, V.T.C.A, Local Government Code
~ 215.004.
Sec. 78-32. Penalty for violation of article.
Any person, as defined in V.T,C.A, Penal Code ~ 1.07(27), who shall violate any provision of
this article, shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished
according to the provisions of section 1-14.
(Ord. No. 96-2135, ~ 5, 9-23-96)
Sec. 78-33. Enforcement of article; duty of police.
Every police officer of the city is hereby given authority to watch and observe the conduct
of holders of taxicab franchises and licenses and taxicab drivers. Upon discovering a violation
of the provisions of this article, every officer shall take immediate steps to enforce the law,
either by arrest or by a report to proper officials.
(Ord. No. 96-2135, ~ 1(1.1), 9-23-96)
*State law reference-Authority of city to license and regulate persons owning, operating
or controlling vehicles used for carrying passengers for hire, V:T.C.A., Local Government Code
~ 215.004.
CD78:5 .
VEHICLES FOR HIRE
~ 78-41
(5) Each vehicle shall be equipped with a taximeter and shall have a certificate of
calibration showing that such taximeter was calibrated within the30-day period
immediately preceding the application or renewal of such application for a taxicab
permit, and that the taximeter is in good working order.
Cc) At no time shall any taxicab that is found to be unsafe be operated over the streets of the
city. Nothing in this section, however, shall prevent the city from inspecting any taxicab at any
time, and if the city, through its agents, servants and/or employees, should find that any
taxicab is in a defective condition, the city secretary shall order the use of such taxicab
discontinued until such taxicab is reinspected and approved pursuant to the terms of this
article.
COrd. No. 96-2135, ~ 1(1.5), 9-23-96)
Sec. 78-38. Taxicab driver's license to be posted in cab.
No taxicab shall be driven or operated over, upon or along any street, avenue, alley or road
in the city, for the carriage of passengers, unless there is displayed in a conspicuous place in
the interior of the taxicab an original or duplicate facsimile of the taxicab driver's license,
issued by the city pursuant to the provisions of this article.
(Ord. No. 96-2135, ~ 1(1.6), 9-23-96)
Sec. 78-39. Identification of vehicles.
Every holder of a permit granted under the terms of this article shall have and keep visibly
displayed a sticker attached to the rear window with the words, "City of La Porte Taxicab
Permit No. ," conspicuously displayed.
COrd. No. 96-2135, ~ 1(1.7), 9-23-96)
Sec. 78-40. Property left in vehicle; disposition.
All drivers of taxicabs shall promptly deliver to the police department of the city or to their
employers all property left in the vehicles by passengers. If a driver delivers the articles to his
. employer, the latter shall deliver them to the police department. When articles left in taxicabs
have been delivered to the office of the chief of police, he shall make an entry of the fact in a
book provided for that purpose and shall keep all the articles until claimed by the owner, or
until disposed of in accordance with state law.
COrd. No. 96-2135, ~ 1(1.8), 9-23-96)
Sec. 78-41. City officers and employees not to accept favors from owners or drivers.
It shall be unlawful for any officer or employee of the city to accept directly or indirectly any
gifts, discounts or gratuities from any holder of a taxicab franchise or any taxicab driver or
from any person engaged in the repair of taxicabs.
COrd. No. 96-2135, ~ 1(1.9), 9-23-96)
CD78:7
VEHICLES FOR HIRE
S 78-68
Sec. 78-67. Qualifications of applicants.
To be entitled to the permit required by the provisions of this division, the applicant must
have the following qualifications: He must be a citizen of the United States, over 18 years of
age, and must have a permanent base of operation in the city limits. He must be the owner of
the vehicle for which the license is sought, and he must be a sober, reliable and trustworthy
person for the operation of an automobile for hire.
(Ord. No. 96-2135, S 1(2.2), 9-23-96)
Sec. 78-68. Application; contents; fmgerprints.
(a) Prior to issuance of any permit under the provisions of this division, the owner shall
make written application to the city secretary stating:
(1)
(2)
(3)
(4)
(5)
(6)
His name.
Place of residence for the preceding two years.
Sex.
Age.
Customary occupation.
A statement that all city, state, county and school taxes are current on his real and
personal property located or to be operated within the city.
The number of taxicab$ which he then operates or proposes to operate in the city.
(7)
(8)
The names, addresses, state drivers' license numbers and city taxicab license numbers
of each of his employee taxi drivers, together with a copy of the make, motor number,
license number, model number and registration number of each vehicle proposed to be
operated under such permit.
(9) The stands at which the taxicab will remain when not in actual service.
(10) A description of the vehicle for which the permit is sought, stating the name, make,
motor number and license number of the vehicle.
(11) A description of the taximeter to be provided for the taxicab, together with a certificate
of calibration showing that such taximeter was calibrated within the 30-day period
immediately preceding the application or renewal of such application for the taxicab
permit, and that such taximeter is in good working order.
(12) A statement by the applicant, verified by the city, that the applicant has not been
convicted of a felony for the ten years preceding the filing of the application, and that
the applicant has not committed a crime involving moral turpitude for such ten-year
period.
(b) Each applicant must have his fingerprints taken by the police department of the city at
the time of submission of the application.
CD78:9
VEHICLES FOR HIRE
~ 78-96
Sec. 78-71. Temporary vehicle permits.
Whenever a taxicab shall become inoperative, the owner may apply to the city secretary or
his duly designated representative for a temporary permit to operate another vehicle during
the time that the authorized taxicab shall remain inoperative. The city secretary or his duly
designated representative, upon the presentation of the application and a certificate evidenc~
ing an inspection of the vehicle, as well as the vehicle's compliance with all applicable
provisions of this article, shall issue a temporary permit for any period not to exceed 30 days.
All other provisions of this article relate to the operation of taxis operating under temporary
permits, as wE111 as annual permits.
(Ord. No. 96-2135, ~ 1(2.6), 9-23-96)
Sec. 78-72. Assignment.
No permit issued under the provisions of this article shall be sold, assigned, transferred,
pledged or let without the written approval of the city secretary or his duly designated
representative, and then only upon a showing that the transferee, assignee, or buyer is in full
compliance with the provisions of this article. In no event shall a permit be sold, assigned,
transferred, pledged or let except upon full compliance by the purchaser with the terms of this
article.
COrd. No. 96~2135, ~ 1(2.7),9-23-96)
Sec. 78-73. Expiration and revocation.
It is the duty of the holder of any permit issued under this article to keep the permit current,
and likewise to keep the application required in section 78-68 current. Failure of the owner of
a taxicab for which a permit has been issued to use the vehicle for a period in excess of 60 days
shall automatically render the permit null and void. The owner's permit authorized under the
provisions of this division is a privilege and not a right and may be revoked by the city council
for the violation of any applicable provision of this Code, state law or city article, rule or
regulation, or whenever, in its discretion, deems the revocation best for the welfare, safety and
protection of the lives, property and happiness of the citizens of the city. Any permit issued
under the provisions of this article shall be nonassumable. No vested, irrevocable right is
conferred upon issuance thereof by virtue of such issuance only.
-COrd. No. 96-2135, ~ 1(2.8), 9-23-96)
Sees. 78-74-78-95. Reserved.
DIVISION 3. DRNER'8 LICENSE
Sec. 78-96. Required.
It shall be unlawful for any person to drive a taxicab within the corporate limits ofthe city
without first obtaining a license therefor from the city secretary.
COrd. No. 96-2135, ~ 1(3.1), 9-23-96)
CD78:1l
VEHICLES FOR HIRE
S 78-103
(6) A statement of whether the applicant has been charged with a violation of any
provision of this Code, state law or other article of the city and, if so, the time, place
and nature of each violation;
(7) A copy of insurance policies covering the taxicab, as required by law; and
(8) A copy of the applicant's driving record, together with a copy of the applicant's criminal
history for the last ten years.
(b) It shall be the responsibility of the applicant to keep all information required in the
application current for the duration of the taxicab license. Likewise, it shall be the responsi-
bility of the applicant to update such information at all times.
(Ord. No. 96-2135, S 1(3.3), 9-23-96)
Sec. 78-99. Fee.
The fee for a taxicab driver's license issued by the city shall be an annual amount
established by the city and listed in appendix A of this Code for each taxicab driver's license.
Such fees shall be collected by the city secretary prior to the issuance of the taxicab driver's
license. The taxicab driver's license is issued on a calendar year basis, becoming effective
January 1 of the year in which issued, and continuing in effect until December 31 of the
licensed year, unless revoked as provided in this article.
(Ord. No. 96-2135, S 1(3.4), 9-23-96)
Sec. 78-100. False statements in application.
It shall be unlawful for any person to knowingly and willfully make any false statement in
his application for a license required by the provisions of this division.
(Ord. No. 96-2135, S 1(3.5), 9-23-96)
Sec. 78-101. State license required.
No license shall be issued under the provisions of this division unless the applicant therefor
has first had and obtained a valid state driver's license from the state.
(Ord. No. 96-2135, S 1(3.6), 9-23-96)
Sec. 78-102. Issuance.
If the applicant for a license to be issued under the provisions of this division has complied
with all provisions of this division and if the city secretary determines that the applicant is
qualified to operate a taxicab within the city, he shall issue the applicant a license therefor.
(Ord. No. 96-2135, S 1(3.7), 9-23-96)
Sec. 78-103. Expiration.
Every license issued under the provisions of this division shall expire at the end of the
calendar year next following the date of issue.
(Ord. No. 96-2135, S 1(3.8), 9-23-96)
CD78:13
VEHICLES FOR HIRE
~ 78-155
Sec. 78-129. Persons protected.
The public liability insurance required by this division shall be for the protection of the
passengers of the insured taxicab and for the public, but shall not cover personal injuries
sustained by the servants, agents or employees of the person filing the insurance.
(Ord. No. 96-2135, ~ 1(4.3), 9-23-96)
Sec. 78-130. Provision for continuing liability.
All policies of public liability insurance required by this division shall contain a provision for
a continuing liability thereon up to the full amount thereof, notwithstanding any recovery
thereon.
(Ord. No. 96-2135, ~ 1(4.4), 9-23-96)
Sec. 78-131. Cancellation.
(a) If any insurer desires to be released from any insurance filed under this division, it may
give written notice of the desire to the city secretary at least 30 days before it desires its
liability released, and the city secretary shall thereupon give written notice, by personal
delivery or by mail, to the insured and demand that he furnish new assurance by the
expiration of the 30-day period provided for in this subsection, and shall discharge the first
insurer from any liability which shall accrue after the time of approval of the new policy, or
shall discharge the first insurer after the expiration of the 30-day period.
(b) If any policy is so canceled upon the request of the insurer, and no new insurance policy
is filed before the cancellation of the original insurance, the license to operate taxicabs granted
to the insured shall be automatically revoked.
(Ord. No. 96-2135, ~ 1(4.5), 9-23-96)
Sec. 78-132. City not liable for solvency of. insurer; owner's liability not affected;
suits on policy.
Neither the city nor any officer ofthe city shall be held liable for the pecuniary responsibility
. or solvency of any insurer under the provisions of this division, or in any manner become liable
for any sum on account of any claim or act or omission relating to the insured vehicle, nor shall
the liability of the owner of any vehicle be in any manner limited or changed by reason of the
provisions of this division, but the judgment creditors having causes of action secured thereby
shall be authorized to sue directly on such policy of insurance without impleading the city, and
all persons known to any insurer to have been injured or damaged in the same accident and
claiming damages thereunder may be made parties without priority of claim on payment in
any suit had or instituted on account of such matters.
COrd. No. 96-2135, ~ 1(4.6), 9-23-96)
Sees. 78-133-78-155. Reserved.
CD78:15
VEHICLES FOR HIRE
S 78-162
Sec. 78-160. Fares.
(a) The city council shall have the right to change or establish the rates and fares to be
charged by taxicabs in the city at any time it deems necessary by ordinance. Until otherwise
changed by the city council, the following taxicab rates and fares shall be effective in the city:
(1) The rate of fare for one or more passengers picked up from the same point and
delivered to a common destination shall be an amount established by the city and
listed in appendixAofthis Code for initial fare and an amount established by the city
and listed in appendix A of this Code for each one-fifth of a mile.
(2) Waiting time consumed by the taxicab at the instance of the passengers shall beat an
hourly rate of an amount established by the city and listed in appendix A of this Code.
Waiting time shall be registered on the taxicab's meter with the selector lever in the
time position.
(3) If two or more passengers are going to the same destination, the driver shall collect
only one fare as recorded on the taximeter. If the passengers are going to different
destinations, the driver shall clear his meter at the first destination and charge the
first passenger the amount recorded on the taximeter, and proceed to the next
destination as though it were a completely new trip. Other destinations shall be
treated likewise.
(b) No taxicab shall be operated at any time with a passenger unless the meter is correctly
operating and showing the rates that are being charged. If at any time the taximeter stops or
fails to operate or is operating incorrectly, it shall be the duty ofthe operator of the taxicab to
immediately take the taxicab to its terminal and not operate such taxicab until the meter has
been fixed and adjusted.
(c) It shall be the duty of the applicant or licensee to have the taximeter in each taxicab
inspected during the 30-day period immediately preceding the application for a taxicab permit
and to provide written proof that each taximeter is in good working order and free from
mechanical defects. The city shall have the right to inspect the taximeter any time it so desires.
(Ord. No. 96-2135, S 1(5.5), 9-23-96)
Sec. 78-161. Misdemeanor to overcharge.
It shall be unlawful for any owner, driver or operator of any taxicab to refuse to convey a
passenger over the most direct route practical, or to demand or receive an amount in excess of
the rates displayed on the rate cards displayed in the taxicab and/or the rate shown on the
meter. Freewill tips are excepted.
(Ord. No. 96-2135, S 1(5.6), 9-23-96)
Sec. 78-162. Penalties for violation of division.
Each violation of this division shall constitute a separate offense and shall each be
punishable as a class C misdemeanor.
COrd. No. 96-2135, S 1C5.7), 9-23-96)
CD78:17
VEHICLES FOR HIRE
2 78-222
St. art. 6687 -9a. In the event of any conflict between the provisions of this article and any
provisions of such state statutes and the regulations promulgated thereunder, the provisions
of the relevant state statutes and regulations thereunder shall control, to the extent of such
conflict. Specifically, and without limiting the generality of the foregoing, the city may not
require a tow truck registered under the provisions of the state Tow Truck Act, to obtain city
registration, license or permit for consent tows unless the tow truck owner has a place of
business located within the boundaries of the city. The city may require city registration,
license or permit for all tow trucks performing nonconsent tows within the boundaries of the
city without regard to the location of the place of business of the tow truck owner. The city
registration, license or permit will be in addition to the requirements of the state Tow Truck
Act.
(Ord. No. 1746,2 1(6-1-A), 2-25-91; Ord. No. 96-2136, 2 1(6-1-A), 9-23-96)
State law reference-Similar provisions, Vernon's Ann. Civ. St. art. 6687-9b, 2 5.
Sees. 78-198-78-220. Reserved.
DIVISION 2. WRECKER COMMITTEE
Sec. 78-221. Creation; composition.
There is hereby created a wrecker committee. The wrecker committee shall be composed of
the following persons:
(1) The chief of police, or his duly designated representatives;
(2) The city secretary;
(3) The city manager or his duly designated representative.
(Ord. No. 1746, 2 1(6-1-B), 2-25-91; Ord. No. 96-2136, 2 1(6-1-B), 9-23-96)
Sec. 78-222. Authority to promulgate rules of operation.
The wrecker committee is hereby authorized to promulgate any and all rules and
regulations relating to the operation of towing vehicle and auto wreckers, insofar as such rules
and regulations are not inconsistent with any of the provisions of this article and deemed
necessary to protect public safety and welfare. Specifically, but without limitation, the
committee is hereby authorized to promulgate any rules relating to restrictions on the number
of auto wreckers which may operate on the streets of the city at anyone time. The committee
shall cause the city secretary to serve copies of such rules on owners at their registered
addresses by certified mail. Such notices shall fully set out any rules promulgated, and the
effective dates of such rules. Any permit holders shall have the right, in accordance with the
provisions of section 78-224, to appeal to the city council with regard to any rules and
restrictions promulgated by the committee felt by such permit holder to be unduly onerous.
(Code 1970, 2 6-16; Ord. No. 1746, S 1(6-16),2-25-91; Ord. No. 96-2136, ~ 1(6-16),9-23-96)
CD78:19
VEHICLES FOR HIRE
~ 78-247
DIVISION 3. PERMITS
Subdivision 1. In General
Sec. 78.246. Insurance; required coverages.
(a) Before any permit shall be issued to any owner of an auto wrecker or emergency auto
wrecker, or before any renewal of such permit shall be granted, the owner shall be required to
file an insurance policy and/or certificate of insurance policy and/or certificate of insurance
with the city secretary, evidencing insurance coverage complying with the requirements
contained in subsection (b) of this section.
(b) Insurance coverage in subsection (a) of this section means an insurance policy and/or a
certificate of insurance covering all licensed towing vehicles or auto wreckers of the insured,
issued by a company qualified to do business in the state and performable in this county. All
insurance policies or certificates of insurance, including garage liability policies, must show
the year, make and model, state license number and motor number of all towing vehicles or
auto wreckers, which have been authorized to operate by the city. Further, all insurance
policies or certificates of insurance must include an endorsement listing the city as an
additional named insured party. All such insurance policies and/or certificates of insurance
must contain a provision, or an endorsement, requiring that the city secretary shall be given
at least ten days' written notice prior to the date of cancellation before such policy may be
canceled by the insurer, for any cause. All such policies shall provide the minimum coverage
to show "proof of financial responsibility" as that term is defined in the state Motor Vehicle
Safety Responsibility Act, as now in force or hereafter amended. Each tow truck with the gross
vehicle weight of26,000 pounds or less must carry $300,000.00 combined single limit coverage.
Each tow truck with a gross vehicle weight over 26,000 pounds must carry $500,000.00
combined single limit coverage. Insurance coverage shall comply with the provisions of the
state Tow Truck Act in all respects. The city shall immediately suspend, cancel or revoke any
towing vehicle or auto wrecker permit heretofore issued without further notice to the owner,
if satisfactory insurance as required in this section is not in full force and effect at all times,
with satisfactory evidence that such insurance is in full force and in effect; being on file with
the city secretary.
(Ord. No. 1746, ~ 1(6-3),2-25-91; Ord. No. 96-2136, ~ 1(6-3), 9-23-96)
Sec. 78-247. Permits are personal to owners; transferal.
A permit issued under this article for a towing vehicle or an auto wrecker shall be a personal
permit to the owner and shall not entitle any other person or corporation to operate such
towing vehicle or auto wrecker. The permits issued pursuant to this article are transferable as
between owners only upon the express approval of the committee, and shall be subject to a
transfer fee in an amount established by the city and listed in appendix A of this Code, if
CD78:21
VEHICLES FOR HIRE
~ 78-274
(4) A statement that the owner will obey the provisions of this article, the rules and
regulations promulgated by the chief of police, and all other ordinances and statutes
applicable to motor vehicles and agrees that upon his failure to so obey such laws that
his permit may be revoked or suspended without notice to the owner.
(5) The application shall be signed by the owner. If a partnership, it shall be signed by a
member of the firm. If a corporation, it shall be signed by the president and attested
by the secretary and the corporate seal affixed. In all cases, the person signing shall
execute an affidavit, on the application form, that the statements contained in such
affidavit are true and correct. Such application shall be accompanied by an annual
towing vehicle permit fee in an amount established by the city and listed in appendix
A of this Code for each towing vehicle the owner desires to operate. All permits shall
expire on December 31 of each year and shall then be renewed upon submission of a
properly executed application and the annual auto wrecker permit fee until the next
succeeding December 31. If a permit is granted subsequent to January 1 in any permit
year, the fee shall be paid pro rata for the balance of the year, and any portion of a
month shall be considered as an entire month in calculating the fee to be charged.
(Code 1970, ~ 1(6-4); Ord. No. 1746, ~ 1(6-4),2-25-91; Ord. No. 96-2136, ~ 1(6-4), 9-23-96)
Sec. 78-273. Issuance.
After the owner has filed his towing vehicle application, permit fee and insurance policy, and
the city secretary or his designee has examined them and found them to be in compliance with
the terms of this article, he shall issue to the owner a permit for each towing vehicle licensed,
which permit shall bear upon its face a. notice that the permit expires on the succeeding
December 31. Each permit shall be dated and numbered and shall show on its face the make,
model, motor number and state license number of the towing vehicle licensed. The committee
is empowered to prescribe regulations for the displaying of signs on towing vehicles showing
that the same have been licensed as provided in this section.
(Code 1970, S 6-5; Ord. No. 1746, S 1(6-5), 2-25-91; Ord. No. 96-2136, S 1(6-5), 9-23-96)
Sec. 78-274. Additional and replacement.
(a) When an owner has obtained a towing vehicle permit and thereafter desires to increase
the number of towing vehicles to be operated, he shall file a supplemental application setting
forth his permit number and the fact that he desires to operate additional towing vehicles,
giving the make, model, motor number and state license number of each additional towing
vehicle. He shall also file the proper permit fee to cover the additional number oftowingvehicle
permi ts.
(b) He shall also file with the city secretary or his designee a new insurance policy, or a
proper endorsement on the existing policy, covering the additional towing vehicles.
(c) The city secretary or his designee shall examine such supplemental towing vehicle
application, fee and policy, and if they are in order, shall issue towing vehicle permits covering
each additional towing vehicle.
CD78:23
VEHICLES FOR HIRE
~ 78-297
applicable to persons in this article shall apply to and be required of each partner or
each principal officer, and the failure of any of them to meet such requirements shall
be grounds to deny the application of the corporation or partnership. All changes of
such officers or partners shall be reported to the city secretary within ten days after
the change, and such new officers or partners shall individually file applications
certifying to their individual qualifications within such time. The failure to certify
within such time or to possess such qualifications required of such persons under this
article shall be cause for the suspension of all permits held by such corporation or
partnership.
(2) The application shall list the make, model, motor number and correct state license
number of the vehicle to be licensed by the applicant as an auto wrecker.
(3) Any person making application for an auto wrecker permit shall deposit with the city
secretary, upon making the application, a sum of money in the amount established by
the city and listed in appendix A of this Code. Such sum shall be used to pay for the
advertising of such application in the newspaper for two consecutive weeks. .Within 15
days after receiving such sum and qualifying data, the city shall cause to be published
in the newspaper for two consecutive weeks a notice to all holders of auto wrecker
permits and all other interested persons. ,Such notice shall advertise the time and
place of the public hearing, which hearing shall be held not less than 15 days from the
date of the first publication. Such notice shall give the name of the applicant, the name
of the business under which the applicant proposes to operate and any other pertinent
data that the city secretary may deem necessary. If such deposit is in excess of the cost
of advertising, the city secretary shall cause such excess to be returned to the applicant
and likewise if the amount is insufficient to pay the cost of the advertising, the city
secretary shall then require the applicant to pay for the deficiency.
(4) The committee shall have in attendance at such hearing a representative from the city
legal department, and any other persons that it may deem necessary to conduct such
hearing.
(5) In determining whether the permit shall be granted, the committee shall take into
consideration the following:
a. The financial responsibility of the applicant;
b. The number of vehicles to be operated;
c. Make, model and type of vehicle or vehicles to be used;
d. Whether or not all insurance required by this article has been procured, or will be
procured;
e. That the applicant has a properly fenced storage facility for wrecked vehicles, the
size of his business location and lot, and that the lot is located within the city
limits;
f. Determine that all city ad valorem taxes and other taxes of the applicant have
been paid;
CD78:25
VEHICLES FOR HIRE
9 78-326
required insurance, the auto wrecker to be licensed has been presented to the police
department for an inspection, the auto wrecker has passed such inspection, a certificate of
passage of inspection has been presented by the police department to the chief building official,
and the city secretary and city attorney have examined same and found them to be in
compliance with the terms of this article, the city secretary shall issue to the owner a permit
to operate an auto wrecker in the city upon the public streets, which permit shall bear upon
its face the make, model, motor number, permit number and the license number of the auto
wrecker. Such permits shall be issued by the city secretary upon authorization of the wrecker
committee and shall be attached to the auto wrecker. Such permits shall be attached to the
front windshield of the auto wrecker, placed immediately above the inspection sticker that has
been issued by the state for the auto wrecker. These permits are and shall always remain the
property of the city. In the event of suspension or revocation of a permit, for any cause, it shall
be unlawful for the owner of the permit to retain such permit, and he shall cause the permit
to be destroyed or surrendered to the city secretary immediately upon notification of such
suspension or revocation, as is feasible.
(Code 1970, ~ 6-12; Ord. No. 1746,9 1(6-12),2-25-91; Ord. No. 96-2136, 9 1(6-12),9-23-96)
Sec. 78-302. Transfer.
WheIiever an owner wishes to discontinue the use of an auto wrecker during the period
covered by his permit and replace it with another, he shall file an affidavit stating that he has
discontinued using the auto wrecker covered by his permit, and desires to use another auto
wrecker in its place. He shall also attach a certificate from his insurer that such insurer has
been notified and agrees thereto. The city secretary shall, upon the payment of a transfer fee
in an amount established by the city and listed in appendix A of this Code, issue the owner a
new permit covering the new auto wrecker, as provided in section 78-301, and cause the old
auto wrecker permit to be canceled and voided. In the affidavit, as well as the certificate from
the insurer, the old and new auto wrecker shall be described by make, model, motor number
and license number.
(Code 1970, 9 6-14; Ord. No. 1746, 9 1(6-14),2-25-91; Ord. No. 96-2136, 9 1(6-14),9-23-96)
Sees. 78-303-78-325. Reserved.
DMSION 4. REGULATIONS
Sec. 78-326. Wrecker rotation list.
(a) All auto wreckers desiring to be called for wrecker service by the city police department
shall request in writing to be placed on a qualified auto wrecker rotation list to be maintained
by the police department.
(b) The qualified auto wrecker rotation list shall be used for all vehicles on which a pull is
requested by the city police department, except in a nonarrest situation, where the vehicle
owner has requested a specific wrecker.
. CD78:27
VEHICLES FOR HIRE
~ 78-328
Sec. 78-327. Procedure by auto wrecker operators at scene of disabled vehicle.
(a) Whenever an auto wrecker arrives at the place where a motor vehicle has been disabled
by an accident, the auto wrecker driver shall legally park his vehicle as close to the street curb
as possible and otherwise dispose of it in such a manner as not to interfere with traffic. He
shall not park his vehicle within a distance of 50 feet from a wrecked or disabled vehicle.
(b) It shall be unlawful for any wrecker owner, driver or agent to solicit the business of
towing, removing or repairing any wrecked or disabled vehicle at the place where an accident
has occurred, by words, cards, circulars or gestures.
(c) All auto wrecker drivers arriving at the place where any accident has occurred shall
obey all orders given them by any police officer of the city investigating such accident and shall
not in any manner interfere with such police officer in the performance of his duty.
(d) No auto wrecker or auto wrecker driver shall remove any wrecked or disabled vehicle
from the place where an accident has occurred, or attach his wrecker to the wrecked or
disabled vehicle until:
(1) The police officers have completed their investigation; and
(2) The driver of the vehicle, or the police officer where the driver is unable, has given
permission.
(e) The fact that no police officer of the city is present at the scene of the accident when an
auto wrecker or a towing vehicle that has been summoned to the scene by the vehicle owner
arrives shall not constitute an exception to this section, and it shall be the duty of any wrecker
owner to cause the police department of the city to be notified of the occurrence of the accident
and to await the arrival of the police officers of the city and the completion of their
investigation.
(f) All wrecker drivers shall, at all times, obey all traffic laws of the state and the city.
(Ord. No. 1746, ~ 1(6-20), 2-25-91; Ord. No. 96-2136, ~ 1(6-17),9-23-96)
Sec. 78-328. Specifications and required equipment.
(a) Minimum size. Each auto wrecker and emergency auto wrecker shall not be less than
one ton in size and shall be equipped with booster brakes.
(b) Standards of winch. Each auto wrecker and emergency auto wrecker shall be equipped
with a power takeoff operated winch, winch line and boom, with a factory rated lifting capacity
(or city tested capacity) of not less than 5,000 pounds, single line capacity. The winch line shall
be at least three-eighths of an inch in diameter.
(c) Flashing light. Each auto wrecker and emergency auto wrecker shall have a flashing
light of at least four inches in diameter on the top of the cab, as prescribed or permitted by
state law, visible from both the front and rear of the truck.
(d) Wheels and tires. Each auto wrecker and emergency auto wrecker shall have dual
wheels on the rear with heavy duty tires thereon.
CD78:29
VEHICLES FOR HIRE
~ 78-329
(b) Additional labor charges. Additional charges may be made for the following additional
labor that is not required in a normal tow:
(1) An additional charge, not to exceed an amount established by the city and listed in
appendix A of this Code may be made for a ditch pull and/or rollover in those cases
where two separate pulls with the wrecker's winch line are actually required.
(2) An additional charge, not to exceed an amount established by the city and listed in
appendix A of this Code may be made for disengaging and removing the drive shaft, or
for other exceptional labor.
(3) A charge not to exceed an amount established by the city and listed in appendix A of
this Code per tire may be made when it becomes necessary to change a tire.
(c) Dollying of wrecked vehicles; charge. A charge not to exceed an amount established by
the city and listed in appendix A of this Code may be made when it is required to dolly a
wrecked vehicle. This charge shall be all inclusive, and no other charge may be imposed when
it is made.
(d) Maximum tow fees. The maximum charge for any and all tows from the scene of an
accident in the city limits shall be an amount established by the city and listed in appendix A
of this Code.
(e) Storage charges. A charge not to exceed an amount established by the city and listed in
appendix A of this Code, per day may be made for the storage of vehicles after the first 12
hours. If the vehicle is picked up during a time other than 8:00 a.m. to 5:00 p.m., Monday
through Friday, the storage charge may be charged in any event.
(f) Wrecker tickets,' required information. Every holder of an emergency auto wrecker permit
and those auto wrecker permit holders that are eligible to be summoned to scenes of accidents
shall utilize an official wrecker ticket provided by the city. A city police department inventory
form may be utilized as an official wrecker ticket as long as it contains the following
information:
(1) Name and address of the wrecker company.
(2) Time and location of the accident.
(3) Name, address and phone number of the place to which the vehicle is to be towed.
(4) Description ofthe vehicle and a general description of the parts of the vehicle that have
been damaged.
(5) An itemized list of services to be performed, charges for each and total charges.
(6) A place for the signatures of the auto owner or other person (including a police officer)
authorizing the tow of a vehicle.
(7) One copy of the wrecker ticket is to be given to the customer, and one copy is to be given
to the investigating police officer.
(Code 1970, * 6-18; Ord. No. 1746, ~ 1(6-21),2-25-91; Ord. No. 96-2136, ~ 1(6-20),9-23-96)
CD78:31
APPENDIX A-FEES
Description
Amount
b. Each minimum bill of residential, commercial and
industrial shall include 2,000 gallons of sewage
discharge treated each month.
c. Each minimum bill of apartment units, duplex
units, individual mobile homes in mobile home
parks, with units not individually metered for wa-
ter, shall include 2,000 gallons of sewage discharge
treated per unit, each month per unit.
d. Each additional 1,000 gallons treated for a cus-
tomer each month shall be charged in accordance
with the following schedule
1. Residential, per 1,000 gallons.. .. . .. . .. . . ... 3.00
2. Commercial and industrial, per 1,000 gallons. 3.00
3. Apartment units, duplex units, individual mo-
bile homes in mobile home parks, with units
not individually metered for water, per 1,000
gallons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.00
e. Computation of volume based on water purchased
1. Residential: The volume of sewage treated shall
be based on 85 percent of the resident's water
volume billed each month. However, the maxi-
mum residential charge will be limited to . . . .
2. Commercial and industrial: The volume of sew-
age treated will be based upon 85 percent ofthe
monthly water consumption.
3. Multiunits: The volume charge to apartment
units, duplex units, individual mobile homes in
mobile home parks, with units not individually
metered for water, shall be based on 85 percent
of the amount of water billed each month.
f. Senior citizen discount: Residential customers 60
years of age or older shall be entitled to a $2.00
monthly discount on their primary account.
Chapter 78. Vehicles for Hire
Article II. Taxicabs
Supp. No. 12
CDA:19
27.50
Section
this Code
Wrecker Service Survey
The City of Baytown
Towing Fee - $125.00
Storage fee - $15.00 per day
Transfer Fee - $65.00
Maximum Charge on all tows - $190.00
The City of Pasadena
Towing Fee - $110.00
City Transfer - $50.00
1 Permit per wrecker service
The City of Deer Park
Towing fee - $55.00
Tow from a ditch - $20.00 extra
Permit fee - $100.00
1 Permit per Wrecker Company
The City of Webster
Towing fee - $115.00
Transfer fee - $50.00
Storage fee - $20.00 per day
The City of Seabrook's secretary will be out until Monday.
c
ASKINS & ARMSTRONG, P.C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P. O. BOX 1218
LA PORTE, TEXAS 77572-1218
KNOX W. ASKINS
JOHN D. ARMSTRONG
CLARK T. ASKINS
TELEPHONE 281 471-1886
TELECOPIER 281 471-2047
E-MAIL: kwaskinslalaol.com
ioh n-alalswbell. net
ctaskinslalswbell. net
January 3, 2007
Hon. Mayor and City Council
City Hall, City of La Porte
La Porte, Texas
RE: Joint Election Agreement
Dear Mayor and Council:
For your consideration on the workshop agenda for the January 8, 2007 council
meeting is a proposed joint election agreement ordinance for the City of La Porte,
LPISD, San Jacinto College District, City of Shoreacres, and the City of Morgan's Point.
This agreement would govern all elections, starting with the May 2007 elections,
until amended or revoked, by any of the participating entities. If passed, the agreement
would replace the existing joint election agreement between the City, LPISD, and San
Jacinto College.
The purpose of the agreement is to 1) add the City of Morgan's Point and
Shoreacres to the agreement as participating parties; 2) establish a schedule whereby
one of the five parties to the agreement is put in charge of administering an election for
the benefit of all of the other parties; and 3) specifically provide that if an entity cancels
its election, that it will not administer an election for the benefit of the remaining parties.
The main catalyst for the change is a directive issued out of the office of the
Texas Secretary of State last year which advised that cities that cancel an election can
not legally administer another entity's election. Due to the fact that our existing
agreement dictates that the City of La Porte will administer elections for LPISD and/or
San Jacinto College, even if the City of La Porte cancels its election, the agreement had
to be revised.
Furthermore, due to a newly enacted policy of Harris County that tabulation
equipment will no longer be provided to more than one city, it was proposed that
Morgan's Point and Shoreacres be added to the agreement, and provision made therein
that the entity actually administering the election serve as the central counting station
through use of the County equipment.
As proposed, the new agreement designates the City of La Porte to administer all
elections, for the benefit of the remaining parties also having elections, so long as the
City of La Porte does not cancel its own election. As with the present agreement, the
City would be compensated for its services by the other parties, on a pro rata basis.
Should La Porte cancel its election in any year, LPISD would take the lead to
administer the election for itself and the other parties in 2007 and all even numbered
years following 2007, and San Jacinto College would take the lead to administer all
elections in odd numbered years, starting in 2009 (since the College only holds
elections in odd numbered years). Though the College would normally have taken the
lead in 2007 if La Porte cancelled its election, a one time exception was made that
LPISD would run the election in 2007.
Should neither La Porte, LPISD, nor the College hold an election in any given
year, Shoreacres would then administer the election for itself and Morgan's Point.
Thank you, and should you have any further questions please do not hesitate to
contact me at my office.
Sincerely,
~ r: ;w(-.
Clark T. Askins
Assist. City Attorney
Cc: Interim City Manager John Joerns
INTERLOCAL AGREEMENT FOR JOINT ELECTIONS
STATE OF TEXAS
COUNTY OF HARRIS
This Agreement made and entered into by and among the CITY OF
LA PORTE (hereinafter "LA PORTE"); the LA PORTE INDEPENDENT SCHOOL
DISTRICT (hereinafter "LPISD"); SAN JACINTO COLLEGE DISTRICT
(hereinafter "COLLEGE"); the CITY OF MORGAN'S POINT (hereinafter
"Morgan's point"); and THE CITY OF SHOREACRES (hereinafter
"Shoreacres") .
WIT N E SSE T H:
1. This Agreement is made and entered into under the authority
of the Texas Interlocal Cooperation Act, codified as Chapter
791,
Texas Government Code,
and Chapter 271,
"Joint
Elections", of the Texas Election Code. The purpose of this
Agreement is to establish the procedures, division of
responsibili ties, and sharing of costs, for annual joint
elections of officers of the parties hereto on the second
Saturday in May of each year, and any necessary runoff
elections, commencing on the second Saturday of May, 2007. A
party to this Agreement which cancels its own election due to
unopposed candidates, pursuant to Section 2.051, et. seq.,
Texas Election Code, shall have no further obligations under
1
this Agreement after the date of cancellation, for such
election year, other than to continue to provide its physical
facilities as provided for herein
(and not otherwise
prohibited by law). The non-canceling parties shall continue
to perform their respective obligations under this Agreement.
This Agreement shall not be applicable to special elections
held by a party hereto.
2. The annual joint election shall be conducted at the seven (7)
election precincts described on Exhibit "A" attached hereto
and incorporated by reference herein. Early voting place for
LA PORTE, LPISD, and COLLEGE, shall be at LA PORTE City Hall.
Early voting place for MORGAN'S POINT and SHOREACRES shall be
at their respective City Halls.
LA PORTE shall conduct
elections for itself, LPISD, and COLLEGE, at Precincts 1
through 7, both inclusive. In the event that LA PORTE, LPISD,
or COLLEGE shall cancel its or their election, the polling
places for the remaining entities shall remain the same.
3. Each entity shall conduct its own candidate filings; drawings
for places on its ballot; posting and publication of election
notices; receipt of campaign finance reporting; and any other
actions required of the entity by the Texas Election Code,
except as herein provided.
LA PORTE
shall assume
responsibility for the conduct and administration of the
2
annual joint election, on behalf of all of the parties to
this agreement, including to 1) arrange for printing of
ballots; 2) provide for rental of election booths and
electronic counting machines; 3) appoint and compensate
judges and clerks; 4) conduct early voting for LA PORTE,
LPISD, and COLLEGE; 5) serve as the Central Counting Station
to receive all ballots cast in elections held by any of the
parties to this agreement, for required processing and
tabulation of said ballots; and 6) arrange for all other
matters necessary for the conduct of its own election and the
other parties to this agreement, if LA PORTE is holding an
election. The costs and expenses incurred by LA PORTE in
administering the joint election, including the cost of
operating the Central Counting Station for processing and
tabulating ballots of all parties holding an election, shall
be allocated among the participating parties to the
Agreement, on a prorate basis, as provided in Paragraph five
(5) of this Agreement.
4. If LA PORTE is not holding an election pursuant to Section
2.051 et. Seq., Texas Election Code, LA PORTE shall not be
responsible for any of the duties established under Paragraph
three (3) of this Agreement, including the operation of a
Central Counting Stating for the processing and tabulating
3
ballots of all parties holding an election. In the event of a
cancelled election,
another qualifying party to this
agreement shall be responsible for all administration of the
election, including operating as a Central Counting Station,
pursuant to the following schedule: If LA PORTE is not
holding an election, LPISD shall be responsible for arranging
all matters necessary for the conduct and administration of
the election for election year 2007, and all elections taking
place in even numbered years, thereafter. For the election in
2009, and all elections taking place in odd numbered years
thereafter, beginning with said 2009 election, COLLEGE shall
be responsible for arranging all matters necessary for the
conduct and administration of the election, where LA PORTE
cancels its election. If neither LA PORTE, LPISD, nor COLLEGE
is holding an election during any election cycle subject to
this agreement, regardless of the calendar year, SHOREACRES
shall be responsible for arranging all matters necessary for
the conduct and administration of the election. If neither LA
PORTE, LPISD, COLLEGE, nor SHOREACRES is holding an election
during any election cycle subject to this agreement, MORGAN'S
POINT shall be responsible for arranging all matters
necessary for the conduct and administration of the election.
4. Regardless of which party is responsible for the conduct and
4
administration of an election under Paragraph three (3) of
this agreement, it is required that every party shall be
individually responsible for making the necessary filings
with the u.s. Department of Justice under the Federal Voting
Rights Act, for pre-clearance of the change in election date;
joint election procedure; and the establishment of precincts;
for their respective jurisdictions.
5. Common expenses of the joint election shall be prorated among
the parties incurring and benefiting from such expenditures.
Expenses shall include all necessary disbursements, such as
ballot printing and supplies, judges and clerks.
In each
case in which it is responsible for the conduct and
administration of the election, LA PORTE shall invoice LPISD,
COLLEGE, MORGAN'S POINT, and SHOREACRES, as applicable, for
their pro rata portions of such joint expenses, which invoice
shall be due and payable within (30) days of receipt thereof.
Under the terms of the Texas Election Code, no charge shall
be incurred for use of public buildings to conduct an
election. The parties shall meet following the 2007 election
to review the administration and expenses of the joint
elections.
6. This Agreement shall be effective January 1, 2007, for the
2007 general election of officers by the parties hereto, and
5
any necessary runoff elections.
This Agreement shall
automatically renew thereafter on a year to year basis. A
party to this Agreement may withdraw from this Agreement by
giving written notice to all of the other parties hereto, on
or before September 1st of the year preceding the next
election cycle.
7. This Agreement has been approved by the respective governing
boards of the parties hereto.
Payments hereunder shall be
from current revenues available to the paying party.
WITNESS OUR HANDS, effective January I, 2007.
CITY OF LA PORTE
By:
Alton E. Porter
Mayor
ATTEST:
Martha A. Gillett
City Secretary
LA PORTE INDEPENDENT
SCHOOL DISTRICT
By:
President, Board of Trustees
ATTEST:
6
Secretary
By:
ATTEST:
Secretary
By:
ATTEST:
City Secretary
By:
ATTEST:
City Secretary
SAN JACINTO COLLEGE DISTRICT
President Board of Trustees
CITY OF MORGAN'S POINT
Mayor
CITY OF SHOREACRES
Mayor
7
D
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: January 8. 2007
Requested By: .Iohn .lnerns/Wayne.1 ~
Appropriation
Source of Funds:
Department:
i\ d lIliDilltrlltioatPlllDDiAII
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Exhibits: Surplus Properties-Tables A and B
Amount Requested:
Exhibits: Mapes) Identifvine Property and Prior Bids
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
On July 11,2005, the Council received a workshop presentation on the sale of surplus City property.
Attached is a list of surplus city property that has previously been shared with City Council.
Table A
With the exception for ID #1, the properties listed on Table A, with Council's approval, were sent out for public bid.
Of the properties, only ID #2 was sold. The other properties under consideration were either no-bids or had offers
substantially under the required minimum bid. Properties bid, minimum required amounts and actual bids for the
properties were as follows:
Property
ID# 2 (FS 4 Surplus 1.916 acres)
ID# 3 (.2204 acres-230 Dwire Drive)
ID# 4 (.436 acres-Block 8 Bay Colony Dr.)
ID# 5 (4.53 acres-Willmont Drive, Big Is. Slough)
ID# 5A (.3857 acres-3927 Willmont Dr.)
ID# 6 (.3588 acres, N. Shady Lane Lot 12B)
Min. Required
$77,716
$13,440
$15,000
$288,000
$30,000
$17,000
Actual Bid
(SOLD-$85,083)
(No Bid)
($600 Bid)
(No Bid)
(No Bid)
($8,000 Bid)
Table B
Table B is comprised of tracts that Staff would consider adding to the list of properties that could be marketed and
offered for public bid. The properties include tracts gained in the F216 Colvin mediation agreement, the FIOl
Marrero acquisition; and residual property at the Fire Station 3 construction site. Appraisals for the tracts must
be ordered (@$500 each) and a quote for metes and hounds andlorsurvey work has been solicited.
Staff is requesting Council guidance on re-bidding the properties listed on Table A to include recommendations on
adjustment of the required minimum bid and to consider adding property listed in Table B.
Action Required bv Council:
Council to provide staff direction on the release/sale of surplus city property.
1/J!e,7
Date I (
Surolus Prooertv
Potential One-Time Revenues
12/27/2006
Tabl. .4
Date 9f ADDraised AmI. o.r
10# IDescriDtion Size .alsal Value sa. ft. Comments
Lots 1-16 Blk 1446 1.1478Ac 2/20/2005 35.000 .70/sf Adjacent property is tax delinquent with UST's
1 I(Near#10 Green) (has minor encroachment in alley)
.. "I.
2 Fire Station #4/SurDlus {~O l"ti1 1.982 Ac 2/20/2005 77 716 .90/sf 1.92 Ac west of Fire Station #4 rS~",L ,
3 Dwir~ ~ 0.2204 Ac 2/20/2005 13500 1.40/$f Part of lawsuit settlement
./ \
4 Bav Colonv \ 0.436 Ac 2/2012005 15000 .80/sf Former well site
Former WWTPlRetaining area needed for 1.s.
5 4.53 Ae Fairmont PkwY. 4.53 Ac 2/20/2005 288,000 1.45/$f (.47 Ac)
I (Was for PO Site)
5a Reserve (Fmt. West) 0.386 Ac 4/6/2005 30 000 2. 34/$f (Purchase Price* 2/17/03 - $39,500)
!(Was for PO Site)
6 Lot on S. Shady In. 0.359 Ac 4/22/2005 17,000 1.10 Former well site.
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Subtotal
U7~.216
TablA B
Date of ADoraised AmI. oer
10# DescriDtion Size IDralsal Value sa. ft. Comments
1 Block 793 Lots 4-16 40,625 S.F. Aaluired in Colvin F216 Mediation ($140.000)
L Block 829 Lots 1-16 50,000 S.F. Acquired in Colvin F216 Mediation ($140,000)
I
L TRS 327A, 334A, 347A 5.132 Ac HCAD $51,280 Acquired in Marrero FIOI Buy-Out ($83,000)
I
~ Block 240 (FS 3 ResidUal) Appx. .5 AC Not needed for Fire Station 3
T; b t~
A
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CITY OF LA PORTE
BID #S06001 - SALE OF PROPERTY
0.2204 ACRES AT 230 DWIRE DRIVE
SCOPE
The City of La Porte, Texas is seeking competitive bids on the sale of 0.2204 acres of
vacant land or 9,600 square feet at 230 Dwire Drive in Bay Oaks. The purpose of these
specifications is to describe the minimum requirements for the sale of this property. The
property will be sold as is, where is, with any and all faults and may not be used in
violation of any rules or regulations of the City of La Porte Zoning Ordinances.
LEGAL DESCRIPTION
0.2204 acres of vacant land being legally described as Lots 8 and 9, Block 7, Bay Oaks,
Town of La Porte, Harris County, Texas.
CASHIER'S CHECK
A cashier's check shall be submitted with each bid. Amount of check shall be five percent
(5%) of total amount bid. Checks of unsuccessful bidders will be returned within three (3)
days of award. The successful bidder will receive his check upon closing of sale.
MINIMUM BID
This sale has a minimum bid requirement of $13,440.00. Any bid for less than this amount
shall not be considered.
BID AWARD
The bid shall be awarded by the City of La Porte Council to the highest bidder at or above
$13,440.00. The City of La Porte reserves the right to accept or reject all or any part of any
bid, waive minor technicalities, and award the bid to best serve the interest of the City of
La Porte. Payment shall be cash only. No other form of payment shall be accepted.
Successful bidder shall have thirty (30) days to provide the funds and complete the
transaction documents. Failure to complete the sale within this time frame may be cause
to disqualify the bidder.
The City of La Porte will deliver a Special Warranty Deed to the property at time of closing.
Purchaser, at its sole cost and expense, may obtain an Owner's Title Policy from
American Title Company, Deer Park, Texas. The Special Warranty Deed will contain
reservations as to any easements, restrictions, or reservations, as shown by the title
commitment. The deed will also provide for reservations as to the condition of the
property, and environmental matters.
~ \0 \e. A :r.1> 4t '1
CITY OF LA PORTE
BID #806002 - SALE OF PROPERTY
WATER PLANT SITE, 0.436 ACRES, BLOCK 8, BAY COLONY DR.
SCOPE
The City of La Porte, Texas is seeking competitive bids on the sale of 0.436 acres of
vacant land or 19,006 square feet at Block 8, Bay Colony Drive. The purpose of these
specifications is to describe the minimum requirements for the sale of this property. The
property will be sold as is, where is, with any and all faults and may not be used in
violation of any rules or regulations of the City of La Porte Zoning Ordinances.
LEGAL DESCRIPTION
A 0.436 acres of vacant land being legally described as Block 8, Bay Colony Drive, Town
of La Porte, Harris County, Texas.
CASHIER'S CHECK
A cashier's check shall be submitted with each bid. Amount of check shall be five percent
(5%) of total amount bid. Checks of unsuccessful bidders will be returned within three (3)
days of award. The successful bidder will receive his check upon closing of sale.
MINIMUM BID
This sale has a minimum bid requirement of $15,000.00. Any bid for less than this
amount shall not be considered.
BID AWARD
The bid shall be awarded by the City of La Porte Council to the highest bidder at or above
$15,000.00. The City of La Porte reserves the right to accept or reject all or any part of any
bid, waive minor technicalities, and award the bid to best serve the interest of the City of
La Porte. Payment shall be cash only. No other form of payment shall be accepted.
Successful bidder shall have thirty (30) days to provide the funds and complete the
transaction documents. Failure to complete the sale within this time frame may be cause
to disqualify the bidder.
The City of La Porte will deliver a Special Warranty Deed to the property at time of closing.
Purchaser, at its sole cost and expense, may obtain an Owner's Title Policy from
American Title Company, Deer Park, Texas. The Special Warranty Deed will contain
reservations as to any easements, restrictions, or reservations, as shown by the title
commitment. The deed will also provide for reservations as to the condition of the
property, and environmental matters.
~\o le A r:1J:II ~
CITY OF LA PORTE
BID #506004 - SALE OF PROPERTY
. ACRES, FAIRMONT PARKWAY, TRACT 33
SCOPE
The City of La Porte, Texas is seeking competitive bids on the sale of 4.53 acres of vacant
land or _ square feet on Fairmont Parkway, located between _ Drive and
Big Island Slough. The purpose of these specifications is to describe the minimum
requirements for the sale of these properties. The property will be sold as is, where is,
with any and all faults and may not be used in violation of any rules or regulations of the
City of La Porte Zoning Ordinances.
LEGAL DESCRIPTION
4.53 acres being legally described as Tract 33, Treat Plant Site, Abstract 482, W. Jones
Survey, Town of La Porte, Harris County, Texas.
STATEMENT OF DISCLOSURE
This tract contains remnants of a former trickling filter-type wastewater treatment plant
facility. Said remnants consist of a drying bed, anaerobic digester, pond, primary and final
clarifiers, and trickling filter. Each component of the former wastewater treatment plant
has either been imploded and/or removed from the subject site.
INGRESS/EGRESS
The subject property was originally a five (5) acre tract. The City of La Porte is withholding
0.47 acres from the five (5) acre tract to provide ingress/egress and service to the existing
lift station.
CASHIER'S CHECK
A cashier's check shall be submitted with each bid. Amount of check shall be five percent
(5%) of total amount bid. Checks of unsuccessful bidders will be returned within three (3)
days of award. The successful bidder will receive his check upon closing of sale.
MINIMUM BID
This sale has a minimum bid requirement of $288,000. Any bid for less than this amount
shall not be considered.
BID AWARD
The bid shall be awarded by the City of La Porte Council to the highest bidder at or above
$288,000.00. The City of La Porte reserves the right to accept or reject all or any part of
any bid, waive minor technicalities, and award the bid to best serve the interest of the City
of La Porte. Payment shall be cash only. No other form of payment shall be accepted.
Successful bidder shall have thirty (30) days to provide the funds and complete the
transaction documents. Failure to complete the sale within this time frame may be cause
to disqualify the bidder.
The City of La Porte will deliver a Special Warranty Deed to the property at time of closing.
Purchaser, at its sole cost and expense, may obtain an Owner's Title Policy from
American Title Company, Deer Park, Texas. The Special Warranty Deed will contain
reservations as to any easements, restrictions, or reservations, as shown by the title
commitment. The deed will also provide for reservations as to the condition of the
property, and environmental matters.
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CITY OF LA PORTE
BID #806005 - SALE OF PROPERTY
0.3857 ACRES, 3927 WILLMONT DRIVE
SCOPE
The City of La Porte, Texas is seeking competitive bids on the sale of 0.3857 acres of
vacant land or 16,801 square feet 3927 Willmont Drive. The purpose of these
specifications is to describe the minimum requirements for the sale of these properties.
The property will be sold as is, where is, with any and all faults and may not be used in
violation of any rules or regulations of the City of La Porte Zoning Ordinances.
LEGAL DESCRIPTION
0.3857 acres of vacant land, being legally described as Reserve Block 39, Fairmont Park
West, Section 5, Town of La Porte, Harris County, Texas.
CASHIER'S CHECK
A cashier's check shall be submitted with each bid. Amount of check shall be five percent
(5%) of total amount bid. Checks of unsuccessful bidders will be returned within three (3)
days of award. The successful bidder will receive his check upon closing of sale.
MINIMUM BID
This sale has a minimum bid requirement of $30,000. Any bid for less than this amount
shall not be considered.
BID AWARD
The bid shall be awarded by the City of La Porte Council to the highest bidder at or above
$30,000.00. The City of La Porte reserves the right to accept or reject all or any part of any
bid, waive minor technicalities, and award the bid to best serve the interest of the City of
La Porte. Payment shall be cash only. No other form of payment shall be accepted.
Successful bidder shall have thirty (30) days to provide the funds and complete the
transaction documents. Failure to complete the sale within this time frame may be cause
to disqualify the bidder.
The City of La Porte will deliver a Special Warranty Deed to the property at time of closing.
Purchaser, at its sole cost and expense, may obtain an Owner's Title Policy from
American Title Company, Deer Park, Texas. The Special Warranty Deed will contain
reservations as to any easements, restrictions, or reservations, as shown by the title
commitment. The deed will also provide for reservations as to the condition of the
property, and environmental matters.
-J ~ 'v; J~ A
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CITY OF LA PORTE
BID #S06003 - SALE OF PROPERTY
0.3588 ACRES, LOT 12B, SHADY OAKS
SCOPE
The City of La Porte, Texas is seeking competitive bids on the sale of 0.3588 acres of
vacant land or 15,630 square feet at North Shady Lane, Lot 128, Shady Oaks. The
purpose of these specifications is to describe the minimum requirements for the sale of
this property. The property will be sold as is, where is, with any and all faults and may not
be used in violation of any rules or regulations of the City of La Porte Zoning Ordinances.
LEGAL DESCRIPTION
A 0.3588 acres of vacant land being legally described as Lot 128, Shady Oaks, Town of
La Porte, Harris County, Texas.
CASHIER'S CHECK
A cashier's check shall be submitted with each bid. Amount of check shall be five percent
(5%) of total amount bid. Checks of unsuccessful bidders will be returned within three (3)
days of award. The successful bidder will receive his check upon closing of sale.
MINIMUM BID
This sale has a minimum bid requirement of $17,000.00. Any bid for less than this
amount shall not be considered.
BID AWARD
The bid shall be awarded by the City of La Porte Council to the highest bidder at or above
$17,000.00. The City of La Porte reserves the right to accept or reject all or any part of any
bid, waive minor technicalities, and award the bid to best serve the interest of the City of
La Porte. Payment shall be cash only. No other form of payment shall be accepted.
Successful bidder shall have thirty (30) days to provide the funds and complete the
transaction documents. Failure to complete the sale within this time frame may be cause
to disqualify the bidder.
The City of La Porte will deliver a Special Warranty Deed to the property at time of closing.
Purchaser, at its sole cost and expense, may obtain an Owner's Title Policy from
American Title Company, Deer Park, Texas. The Special Warranty Deed will contain
reservations as to any easements, restrictions, or reservations, as shown by the title
commitment. The deed will also provide for reservations as to the condition of the
property, and environmental matters.
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E
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Januar 8 2007
Appropriation
Requested By: John Joerns Interim Ci
Source of Funds:
Department: dministration
Account Number:
Report:
Resolution:
Ordinance:
Amount Budgeted:
Exhibits:
Attachment - Bond Project Notes
Amount Requested:
Exhibits:
Potential Proiects
Budgeted Item:
Exhibits:
December 15 Article in Bay town Sun
SUMMARY & RECOMMENDATION
Attached in a simpler format are the potential bond projects previously discussed with Council.
In order to confirm a final decision regarding a May bond election I have put some points
together based on previous comments received from Council.
It appears that Council prefers having a longer period of time with more input and information
for developing a "larger" bond program, but may consider a May 2007 Bond Election smaller in
scope.
Also, the City's financial advisor is refining their projections (from our meeting of Dec. 21).
The attachment note (I): describes the debt issuance previously discussed with City Council
and/or direction received by City Council already programmed for this fiscal year (7.79 million).
Note (II): is a simple rating idea for Council to consider.
If Council wishes, a special workshop for January 15 could be held to further discuss planned
debt issuance and a May bond election. I anticipate having the information from the Financial
Advisors at the January 22 meeting to discuss the Spring '07 Certificate of Obligations sale.
Action Required by Council:
Provide/confirm further direction regarding bond election.
yr?
Date
Bond Project Notes
I. Projects for which debt issuance is planned for this spring (without an election) and
included in the Financial Advisor's analysis.
a. Utilities (to be supported by water/sewer revenues)
i. Wastewater Treatment Plant 6.0
ii. Sens Road water/sevier relocationl 2.9
b. Certificates of Obligation supported by tax revenues
. Golf Cart Paths2
. Additional Expenses JV Ballfields
.290
~
7.79
IProject may be delayed by Harris County for 1+1- yr. but will need to be done.
2Note: $.290 million for cart paths - only the significantly damaged portions and not the
entire path system; using the same unit costs the estimate for total replacement is $1.15
million.
II. Projects Council has inferred they may put before voters this May and/or in future.
This could be further separated into a few items that Council feels are important
within the next 1-3 years and total approximately $5 million.
. To further this discussion and choice of projects, attached is a list of projects
discussed at last year's retreat plus a few projects discussed/added during the
year.
. Assigning a very simple rating of :
A = 1-3 years Most Important & $5.0 million +/-
B = 3-5 years Important
C = 5-8 years Less Important
Council should consider establishing the priority "A" for projects they wish to
either issue debt for as Certificates of Obligation or hold a bond election in May
2007 to consider General Obligation debt.
From this 1st step Council could move forward with establishing "B" & "C"
priorities or utilize a steering group to do so.
Additional comment: Keeping the Municipal Court at its current location for
longer periods of time will delay the final disposition of the current Police
Department facility.
Draft
January 3, 2007
Update In Comprehensive
Estimate/Date Estimate/Date Comments Plan Update Rank A-B-C-D
STREET/DRAINAGE/SIDEWALK
Projects from Retreat Jan. 30, 2006
City Wheolch3ir R-amp and Infill Sidewalk Construction 50,000 moved to annual budget
Mcadowcrest (S::lfe Routos to School) 36,000(1/2 City/HOI\) 36,000 moved to annual budget
South 8th Reconstruction - Fairmont Parkway to LCB Dr 158,914
Texas Ave Streetscape/Beautification (LPISD) 200,474
North 0 St. Drainage & Sidewalk Improvements 208,000
'Nest H St. 16th to SH146 528,871 deleted at retreat
West L St. 16th to SH146 TXDot 453,751 deleted at retreat
Added After Retreat
F216 Drainage Imp. - CMO added 4,594,000 may receive grant
F101 Drainage Imp. - CMO added
Potential Concrete Street Projects (see separate list) to be discussed
Total 5,161,388
COMMUNITY FACILITIES
Projects from Retreat Jan. 30, 2006
Fire Training Classroom Addition 962,500
Fire Training Facility Upgrade 2,000,000
Fire Station One/Admin Replacement 4,000,000
Animal Control Facility 1,850,000
Criminal Justice Center/Mun. Court 2,720,000
Added After Retreat
Public Works Bldgs/Grounds 500,000
Total 12,032,500
1
Draft
January 3, 2007
Update In Comprehensive
Estimate/Date Estimate/Date Comments Plan Update Rank A-B-C-D
UTILITIES. WATER/SEWER
Projects from Retreat Jan. 30, 2006
12" Water Main/Loop to Miller Cut Off
Sens Rd - Sanitary Sewer Trunk Main 1,900,000 delayed 1 vr +/- bv Ha. Co.
Added After Retreat
Wastowater Treatment Plant Aer-ation Improvemonts 6,000,000 included in SprinQ '07 CO sale
Total 1,900,000
MISCELLANEOUS
Projects from Retreat Jan. 30, 2006
VHF Radio Trunking Project 250,000
Total 250,000
PARKS AND OPEN SPACE
Projects from Retreat Jan. 30, 2006
Demolish Brookglen Pool & Install Sprayground 250,000
Demolish Fairmont Park Swimming Pool 250,000
Install Sprayground at Northside Park 250,000
Additional Parking at Little Cedar Bayou Park 120,000
Bicycle Pedestrian Trail 5,000,000
Sylvan Beach Pavilion Replacement 3,000,000
Design & Construct Community Ctr & Exhibition Area 1,500,000
Renovate Brookglen Swimming Pool 375,000
(Optional) Install Water Slide 87,000
Pedestrian Bridge & Soccer Fields Northwest Park 650,000
Additional Funds .JV Ballfields 1,500,000 included in Sprinq '07 CO sale
Total 11,482,000
2
Draft
January 3, 2007
Update In Comprehensive
Estimate/Date Estimate/Date Comments Plan Update Rank A-B-C-D
GOLF COURSE
Projects from Retreat Jan. 30, 2006
Back Nine Restroom 40,000
Clubhouse Improvement 60,000
Tunnel: Retaining Walls (est. 3 yrs old) 120,000
Cart Path Replacemont 290,000 included in Spring '07 CO sale
Total 220,000
MAIN STREET (only partial est. available)
Projects from Retreat Jan. 30, 2006
Drawings for Design Elements
Linear Parks, Hike and Bike Trails
Gateway Entries - Hwy 146 & Main St (Alliance)(0-150,OOO) 150,000
Building for Meeting Space
Mural and Water Tower (30,000-50,000)
Streetscaping
Streetscaping - Trash Cans, Benches, Banners
Exterior Entertainment Facility
Public Transportation - Trolley Cars (30,000-100,000)
Five Points Roundabout Traffic Circle (0-60,000) 60,000
Offsite Landscape Parking Lots
Infrastructure
Public Art
Museums
Wayfinding Signage (15,000-100,000)
Public Restroom Facility
Drainage
Paved Alleys
Lighting and Alleys
Update Historical Markers
Sidewalk Connectivity to Main Street
Christmas Decorations 50,000
Main Street Connection 1,540,000
Depot - Heritage Park 360,000
Total 2,890,000
Grand Total 33,935,888
3
ESTIMATE OF
CONCRETE STREET
REPAIRS BY PRIORITY
February 23, 2006 .
Estimate of Concrete Street Repairs
Total Cost
Priority Location Description Sq. Yards Including Curbs
1 Valley Brook Old Orchard to Catlett 4089 $239,615.00
2 Catlett Dead end at Big Island Slough to 6533 $392,933.00
3 Old Orchard Valley Brook to Farrington 3889 $233,889.00
4 Antrim Lane Farrington to Piney Brook Dr. 3556 $208,356.00
5 Piney Brook Dr. Old Orchard to Carlow 2800 $168,400.00
6 Old Orchard Piney Brook to Farrington 2209 $132,849.00
7 Collingswood From Farrington to Valley Brook 1200 $70,800.00
8 South Iowa From 208 to East "B". 1634 $97,710.00
9 Scotch Moss 3323 Scotch Moss 892 $53,076.00
10 South Iowa From East "B" to East "C". 1217 $72,757.00
11 East "F" From South Iowa to Kansas. 933 $55,813.00
12 Collingswood From 10414 Old Hickory to Farrington 902 $54,262.00
13 Winding Trail From Hillridge to Farrington 1182 $71,102.00
14 South 4th Street South 4th & West "C" to West "D". 638 $38,358.00
15 West "0" West "0" from Broadway to South 1 st. 1222 $71,622.00
16 West "G" West "0" from South 1st to South 2nd. 1267 $74,245.00
17 West "G" West "0" from South 3rd to South 4th. 1289. $75,529.00
18 Belfast From Valley Brook to Farrington 638 $38,370.00
19 Rustic Gate From Old Hickory to Farrington 420 $25,260.00
20 Carlow 10207 Carlow to Valley Brook 498 $29,950.00
21 Carlow From Valley Brook to Farrington 560 $31,120.00
22 North 6th Street Intersection of West Tyler to 1184.4 $71,702.00
23 North 6th Street Start at 704 ~ West Main at second 1011 $56,150.00
24 North 6th Street Start @ intersection of West Polk, north 1011 $56,150.00
25 West "0" West "0" from South 2nd to South 3rd. 1289 $75,529.00
26 West ."D" West "D" & South 1 st intersection. 400 $22,320.00
27 West "D" West "D" & South 5th intersection. 400 $22,320.00
28 Belfast 1 0318- - 1 0326 Belfast 311 $18,711.00
Estimate of Concrete Street Repairs
Total Cost
Priority Location Description Sq. Yards Including Curbs
29 South 4th Street West side of street from 302 to 332 444 $26,663.00
30 West "D" West "D" & South 6th intersection. 400 $22,320.00
31 Shady River Drive From 805 to bridge, both sides of street. 363 $22,123.00
32 Shady River Drive From west side of bridge, go west to 231 $13,991.00
33 West "D" West "D" from South 4th to South 3rd. 288 $17,308.00
34 West "G" West "G" and South 3rd intersection. 334 $19,170.00
35 West "G" West "G' and South 4th intersection. 334 $19,170.00
36 Quiet Hill 10102 Quiet Hill 125 $7,484.00
37 Quiet Hill 10030 Quiet Hill 250 $14,969.00
38 Wilmont Street 10126 Wilmont Street at Rustic Gate 250 $14,969.00
39 Hillridge Hi1lridge & Roseberry intersection 187 $11,227.00
40 Roseberry 3703 - 3707 Roseberry 156 $9,380.00
41 Rustic Rock From Farrington to dead end at 10403 124 $7,484.00
42 Belfast 10238 Belfast 156 $9,380.00
43 West "G" West "G" and South 2nd intersection. 334 $19,170.00
44 West "G" West "G" and South 1 st intersection. 334 $19,170.00
45 th th 560 $33,680.00
South 4 Street South 4 from 508 to West "E"
46 West "D" West "D" from South 3rd to South 2nd. 226 $13,566.00
47 North 6th Street Intersection ofN. 6th & Tyler. 433 $24,175.00
48 North 6th Street Intersection ofN 6th & Madison. 433 $24,175.00
49 North 6th Street Entire intersection @ North 6th & 447 $24,806.00
50 North 3rd Street The approach at North 3rd and East 80 $4,370.00
51 rd 116 North 3rd, the section between the 142 $8,846.00
North 3 Street
52 North 3rd Street 115 North 3rd from the expansion joint 133 $7,813.00
53 North 3rd Street 120 North 3rd from second expansion 133 $7,813.00
54 North 4th Street The approach at East Main north to first 80 $4,370.00
55 South 4th Street South 4th & West "C" intersection. 400 $22,320.00
. 56 South 4th Street South 4th & West "D" intersection. 117 $6,737.00
Estimate of Concrete Street Repairs
Total Cost
Priority Location Description Sq. Yards Including Curbs
57 West "D" West "D" from South 6th to South 5th . 257 $15,437.00
58 Winding Trail 3 ~O feet east of Hillridge 78 $4,678.00
59 Rustic Gate 9926 Rustic Gate 125 $7,484.00
60 Rocky Hollow 9947 Rocky Hollow 30 $1,794.00
61 East "F" East "F" and Kansas intersection. 400 $23,200.00
62 South Iowa South Iowa and East "H" intersection. 800 $45,200.00
63 South Iowa South Iowa and East "G" intersection. 400 $23,200.00
64 South Iowa From 613 to S. Iowa and East "F" 567 $33,887.00
65 South Iowa South Iowa and East "F" intersection. 400 $23,200.00
66 South Iowa From East "C" to 402 - 409 South 400 $23,920.00
67 South Iowa From 513 to S. Iowa and East "E" 300 $17,940.00
68 East "D" From Kansas to South Iowa. 467 $27,907.00
69 East "D" East "D" and South Iowa intersection. 400 $23,200.00
70 East "D" East "D" and Kansas intersection. 400 $23,200.00
71 East "D" From Utah to Kansas. 367 $21,927.00
72 South Iowa South Iowa and East "B" intersection. 400 $23,200.00
73 South Iowa South Iowa and East "C" intersection. 184 $10,964.00
74 3109 Bayou One section, both sides 285 $15,805.00
75 Parkmont Between Antrim and Catlett 75 $4,557.00
76 East "F" From intersection of Utah on east side 184 $11,000.00
77 Bandridge Street 8723 Bandridge Street 68 $4,012.00
78 Brookwood 3423 Brookwood 40 $2,560.00
79 Brookwood 3614 Brookwood 100 $6,012.00
80 Fern Rock 3211 Fern Rock 134 $7,850.00
81 Old Hickory From dead end to Rocky Hollow 31 $1,865.00
jTOTALS
$3,399,546.00 I
Joerns, John
Cc:
Subject:
Joerns, John
Wednesday, December 20, 2006 9:09 AM
Alton Porter; Barry Beasley (barry.beasley@att.com); Chuck Engelken; Debra Feazelle
(feazelled@laportetx.gov); gillettm@ci.la-porte.tx.us; Howard Ebow; Louis Rigby
(Iouis.rigby@kbr.com); Mike Clausen; Mike Clausen (clausenm@lpisd.org); Mike Mosteit
(mnmosteit@aol.com); Mike Mosteit (mosteit66@aol.com); Peter Griffiths
(peter. griffiths@channelview.isd.esc4.net) ; Tommy Moser (moser _ electric@sbcglobal.net)
Executive Staff; Mitrano, Denise; Osmond, Alex
FW: Bay town: city council favors $30 million bond election in May
From:
Sent:
To:
FYI-similar situation
--it appears--Rifle shot-- then shotgun
Meeting with staff, Ms. Feazelle and FA tomorrow--to discuss bonding capacity. Will keep
you posted.
JJ
-----Original Message-----
From: Scott, Crystal
Sent: Monday, December 18, 2006 11:17 AM
To: Joerns, John
Subject: FW: Bay town: city council favors $30 million bond election in May
Crystal N. Scott
Assistant to the City Manager
City of La Porte
604 West Fairmont Parkway
La Porte, Texas 77571
(281) 470-5014 (office)
(281) 842-1259 (fax)
-----Original Message-----
From: Lewis F. McLain, Jr. [mailto:news@citybase.net]
Sent: Saturday, December 16, 2006 6:41 AM
To: Scott, Crystal
Subject: Bay town: city council favors $30 million bond election in May
Dec. 15, 2006, 4:30PM
Bay town City Council favors $30 million bond election in May
By CAROL CHRISTIAN
Copyright 2006 Houston Chronicle
Faced with many big-ticket projects and too little time to get ready for a complicated
bond election in May, Bay town City Council has decided to split the task in two.
At its Thursday meeting, the council voted unanimously to consider a $30 million bond
election in May for residential street repair.
To officially call for the bond election, the council must act by March 8.
On Thursday, the council also decided to ask a volunteer steering committee to study
projects for another possible bond election in May 2008. In previous meetings, council
members have talked about potential projects such as an additional fire station and a
1
youth activity center.
If the council calls for a second bond election in 2008, that ballot can also include
money for local roads and thoroughfares, City Manager Gary Jackson said.
According to a time line that Jackson presented Thursday, if the council had wanted the
volunteer committee to study projects for next May's election, the committee would have
needed to complete its work by Feb. 22 to allow the council to call for the election by
March 8.
"We're on an extremely condensed time frame," Jackson said. "I can't overemphasize that."
Mayor Steve DonCarlos agreed that two months was not enough time for the committee to come
up with a list of proposed projects, given that the 2001 bond committee, which DonCarlos
served as a cochairman, met for about seven months prior to the election.
"I'm not a great fan of annual bond elections, but in this situation I would fall in favor
of a $30 million (street repair) bond for May," DonCarlos said.
That would give the volunteer steering committee time to study other possible improvements
for a second bond election in May 2008, he said.
"I don't want these folks to have to rush for Feb. 22," the mayor said.
The $30 million figure stemmed from the council's one-day retreat on Dec. 9, when the
members calculated that was a reasonable amount of money for the city to spend in five
years on residential streets.
During the council's discussion Thursday, councilman Brandon Capetillo said he didn't want
to limit the May bond election to streets. He said he thought the council had talked about
including other issues as time warranted.
"I thought when we opened this that we knew it was a short time and we would see what the
committee came back with," Capetillo said.
DonCarlos said that was true but he didn't think it was a good idea to come back to voters
later and say, "Oh, we forgot."
"I'm concerned about us coming forward with something that's not well thought out and that
we're not going to be happy with," DonCarlos said.
Under state law, bond elections can take place only in Mayor November. Thus, if the
council isn't ready to call an election for May, it must wait until next November.
The council has named Bay town residents Ronnie Anderson and Gilbert Santana as co-chairmen
of the steering committee, but the group has not yet met.
Subcommittee chairmen are Reggie Brewer, finance; Mike Wilson, sidewalks, signalization
and drainage; and Suzan Milner, public buildings, automation, equipment and parks.
2
20
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c
REQUEST FOR CITY COUNCIL AGENDA ITEM
Bude:et
Agenda Date Requested:Januar 8 2007
Requested By:
Source of Funds:
Department: CMO
Account Number:
Report:
Resolution:
Ordinance:
Amount Budgeted:
Exhibits:
ty'\ e \'Y\ 0
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
Executive session item: Meet with Interim City Manager, Main Street Coordinator, and City
Attorney regarding a project on sale or exchange of property for Main Street development.
Action Required bv Council:
Page 1 of 1
Gillett, Martha
From: Dye, Debra
Sent: Friday, December 22, 2006 11 :56 AM
To: CSO - Staff
Cc: Feazelle, Debra
Subject: Agenda item
Attachments: REQUEST FOR CITY COUNCIL AGENDA ITEM, 01-08-07.doc
We need to include the attachment as an executive session item on 1-8-07 agenda. Debra Feazelle will have all
of my attachments for you, they may be on her desk.
Thanks,
Debra D. Dye
Main Street Coordinator - Revitalizing La Porte's Historic Downtown
City of La Porte
City Hall: 281-471-5020
Office: 281-470-5017
Fax: 281-842-1259
E-mail: dyed@lapQrtetx.gov
Website: www.laportetx.gov
Address: 604 West Fairmont Parkway
La Porte, Texas 77571
12/22/2006
D
NO BACK UP PROVIDED