HomeMy WebLinkAbout2010-6-14MINUTES OF REGULAR MEETING AND PUBLIC HEARING
OF THE LA PORTE CITY COUNCIL
June 14, 2010
1. Call to order
The meeting was called to order by Mayor Pro-Tem Daryl Leonard at 6:05 p.m.
Members of City Council Present: Councilmembers Louis Rigby, Tommy Moser, John
Zemanek, Mike Clausen, Mike Mosteit, Chuck Engelken and Mayor Pro-Tem Daryl
Leonard
Members of Council Absent: None
Members of City Executive Staff and City Employees Present:
City Manager's Office: Ron Bottoms, John Joerns, Melisa Boaze and Stacey Osborne
Legal: Clark Askins
City Secretary's Office: Martha Gillett
Planning: Tim Tietjens, Masood Malik, Debbie Wilmore and Brian Sterling
Police Department: Steve Deardorff and Chris Paige
Parks and Recreation: Stephen Barr
Public Works: Steve Gillett
Finance: Michael Dolby
Golf Course: Alex Osmond
Purchasing: Susan Cream
Fire Department: Mike Boaze
Others Present: Adam Yanelli of the Bayshore Sun, Dottie Kaminski, Daniel Coots, Mr.
and Mrs. Rosa, Phillip Hoot, Ted Powell, Mrs. Powell, Mark Follis, Bill Manning, Jr., Vicky
Campise, Kathryn Aguilar, Mr. and Mrs. Nolley, David Janda, Don Hill, Colleen Hicks and
other citizens.
2. The Invocation was given by Don Hill of St. John's Episcopal Church
3. Councilman Tommy Moser led the Pledge of Allegiance.
4. Presentations/Proclamations
5. Consent agenda -Any item may be removed by a Councilperson for discussion.
A. Consider approval or other action of minutes of Special Called Meeting, Public
Hearing and Workshop Meeting held on May 17, 2010 - M. Gillett
B. Consider approval or other action regarding an ordinance calling a 2010 Special
Election of the City of La Porte, and calling arun-off election if necessary (Ord.
3253) - M. Gillett/C. Askins
Minutes of Regular Meeting and Public Hearing of La Porte City Council on June 14, 2010
C. Consider approval or other action regarding an ordinance vacating abandoning,
and closing the southernmost 200' of the alley in Block 327, Town of La Porte
(Ord. 3254) - T. Tietjens
D. Consider approval or other action regarding an ordinance authorizing the
abandonment of a sixteen (16) foot wide utility easement as recorded in Harris
County Clerk's File No. K010282 (Ord. 3255) - T. Tietjens
E. Consider approval or other action regarding an ordinance authorizing the vacating,
abandoning, and closing of the alley in Block 1372, La Porte to Christ Lutheran
Church in return for dedication of a ten (10) foot wide pedestrian and sanitary
sewer easement and a ten (10) foot wide construction easement along Mc Cabe
Road frontage (Ord. 3256) - T. Tietjens
F. Consider approval or other action regarding a resolution authorizing the City
Manager to act as executive officer and authorized representative in all phases of
the IKE Disaster Recovery Plan (Res. 10-06) - T. Tietjens
G. Consider approval or other action awarding bid # 10024 for construction of the San
Jacinto Pedestrian Pathway and Lighting Project - S. Barr
H. Consider approval or other action regarding amending the agreement between the
City of La Porte and the La Porte Boy's Baseball Association regarding the use of
designated Youth Baseball Facilities at Pecan Park and Fairmont Park - S. Barr
Consider approval or other action authorizing assignment of City of La Porte
drainage easement to Harris County Flood Control District (ord. 3259) - J. Joerns
Consider approval or other action awarding bid # 10023 for Golf Course
Concessions at Bay Forest Golf Course - A. Osmond
Council had questions on items C, G and J. Item J was voted on separately.
Assistant City Attorney Clark Askins read the following agenda captions:
Ordinance 3253 - AN ORDINANCE CALLING A SPECIAL ELECTION OF THE CITY OF
LA PORTE TO FILL THE UN-EXPIRED TERM OF MAYOR, CALLING A RUN-OFF
ELECTION, IF NECESSARY, DESIGNATING ELECTION PRECINCTS AND POLLING
PLACES, PROVIDING FOR THE USE OF VOTING MACHINES, APPOINTING
ELECTION OFFICIALS, PROVIDING FOR METHOD AND DATES OF EARLY VOTING,
PROVIDING FOR AN EARLY VOTING BALLOT BOARD, PROVIDING FOR RETURN
AND CANVASS OF VOTES OF SAID ELECTION, PROVIDING FOR NOTICE,
PROVIDING FOR FILING DEADLINE AND FILING FEES FOR CANDIDATES,
PROVIDING A SAVINGS CLAUSE, FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF
2
Minutes of Regular Meeting and Public Hearing of La Porte City Council on June 14, 2010 3
Ordinance 3254 - AN ORDINANCE VACATING, ABANDONING AND CLOSING A
PORTION OF THE ALLEY IN BLOCK 327, TOWN OF LA PORTE, HARRIS COUNTY,
TEXAS, AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE
ADJOINING LANDOWNER, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF
Ordinance 3255 - AN ORDINANCE ABANDONING A SIXTEEN (16) FOOT WIDE
UTILITY EASEMENT OVER A PORTION OF A 28.3135 ACRE TRACT OUT OF LOT 9,
F.A. STAASHEN SUBDIVISION, ENOCH BRINSON SURVEY, A-5, HARRIS COUNTY,
TEXAS, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING
AN EFFECTIVE DATE HEREOF
Ordinance 3256 - AN ORDINANCE VACATING, ABANDONING AND CLOSING THE
ALLEY IN BLOCK 1372, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS,
AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING
LANDOWNER, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF
Resolution 2010-06 - A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACT
AS THE EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL
MATTERS PERTAINING TO PARTICIPATION IN ALL PHASES OF THE TEXAS
DISASTER RECOVERY PROGRAM
Ordinance 3259 - AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT
FOR AND AN ASSIGNMENT AND CONVEYANCE WITHOUT WARRANTY OF PPG
INDUSTRIES, INC. DRAINAGE EASEMENT, FROM THE CITY OF LA PORTE TO
HARRIS COUNTY FLOOD CONTROL DISTRICT, 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 Councilmember Rigby to approve the bid for Golf Course
Concessions at Bay Forest Golf Course without utilities and a wording amendment to the
agreement with a statement about Acts of God to protect vendor from paving lease
payments in those events. Second by Councilmember Black. The motion carried.
Ayes: Engelken, Rigby, Moser, Black, Zemanek, Mosteit and Mayor Pro-Tem Leonard.
Nays: Clausen
Abstain: None
Absent: None
Motion was made by Councilmember Engelken to approve the consent agenda as
presented with the exception of item J which was voted on separately Second by
Councilmember Zemanek. Motion carried unanimously.
Ayes: Engelken, Rigby, Moser, Clausen, Black, Zemanek, Mosteit and Mayor Pro-Tem
Leonard
Minutes of Regular Meeting and Public Hearing of La Porte City Council on June 14, 2010 4
Nays: None
Abstain: None
Absent: None
Petitions, Remonstrance's, Communications, Citizens and Tax Payers wishing to address
Council on any item posted on the agenda (Limited to five minutes)
Marylee Nolley - 2819 E Street, La Porte, Texas 77571 - Ms. Nolley informed Council she
has concerns with the property notification to homeowner's when closing streets and
alleys. In addition, she had concerns with the insurance deductible noted on the baseball
agreement.
Vicky Campise - 1902 Roscoe, La Porte, Texas 77571 -requested the sign ordinance to
expand existing grandfather sign list to include all existing sign posts. She advised many
were left off the list.
7. Council to continue Public Hearing from April 26, 2010 City Council Meeting to discuss
recommendation by the Planning and Zoning Commission to amend the Code of
Ordinances of the City of La Porte, Chapter 106 "Zoning", related to regulation of on and
off-premise signs within the Main Street District Overlay - T. Tietjens
The Public Hearing was continued at 6:34 p.m.
Planning Director Tim Tietjens presented summary and recommendation and answered
Council's questions.
A) Proponents
B) Opponents
Bill Manning Jr. - 11728 H Street, La Porte, Texas was opposed to the
recommendation from Planning and Zoning.
Chuck Rosa - 812 South Virginia, La Porte, Texas, was opposed to the sign ordinance
being recommended.
Phillip Hoot - 927 Seabreeze, La Porte, Texas -was opposed to the sign ordinance
being recommended.
C) Proponents rebuttal
Mayor Pro-Tem Leonard closed the Public Hearing and reconvened Regular Meeting
at 7:04 p.m.
Consider approval or other action regarding an ordinance amending Chapter 106, "Zoning"
of the Code of Ordinances of the City of La Porte relating to regulation of on and off-
premise signs within the Main Street District Overlay (Ord. 3241) - T. Tietjens
Minutes of Regular Meeting and Public Hearing of La Porte City Council on June 14, 2010
Motion was made by Councilmember Moser to send this item back to the Planning and
Zoning Commission to remove non-conforming section in the ordinance. Second by
Councilmember Engelken. Motion carried unanimously.
Ayes: Engelken, Rigby, Moser, Black, Zemanek, Clausen, Mosteit and Mayor Pro-Tem
Leonard
Nays: None
Abstain: None
Absent: None
9. Consider approval or other action regarding an ordinance appointing a member of City
Council to serve as Alternate Mayor-Pro-Tem for the period of June 15, 2010 through the
date that the newly elected Mayor takes the Oath of Office (Ord. 3257) - R. Bottoms
City Manager Ron Bottoms presented summary and recommendation and answered
Council's questions.
Assistant City Attorney Clark Askins read Ordinance 3257- AN ORDINANCE
APPOINTING A MEMBER OF THE CITY COUNCIL TO SERVE AS ALTERNATE MAYOR
PRO-TEM OF THE CITY OF LA PORTE, FOR THE PERIOD JUNE 15, 2010, THROUGH
THE DATE THE NEWLY ELECTED MAYOR TAKES THE OATH OF OFFICE, FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE
HEREOF.
Motion was made by Councilmember Black to approve Ordinance 3257 as presented bX
Mr. Bottoms and appoint Louis Rigbv as the Alternate Mayor Pro Tem Second by
Councilmember Moser. Motion carried unanimously.
Ayes: Engelken, Rigby, Moser, Black, Zemanek, Clausen, Mosteit and Mayor Pro-Tem
Leonard
Nays: None
Abstain: None
Absent: None
10. Consider approval or other action regarding renewal of the current contract with Republic
Services for commercial solid waste collection, or direct staff to begin preparation to bid
the contract, with new service to begin on November 1, 2010 - S. Gillett
Public Works Director Steve Gillett presented summary and recommendation and
answered Council's questions.
Motion was made by Councilmember Rigbv to approve as renewal of the current contract
with Republic Services for commercial solid waste collection to begin on November 1
2010 presented by Mr. Gillett. Second by Councilmember Clausen Motion carried
5
Ayes: Engelken, Rigby, Black, Clausen, Mosteit and Mayor Pro-Tem Leonard
Nays: Zemanek and Moser
Minutes of Regular Meeting and Public Hearing of La Porte City Council on June 14, 2010
Abstain: None
Absent: None
11. Consider approval or other action regarding an ordinance authorizing proposed sale of 81
Acre Tract located on Bay Area Boulevard and approving certain restrictive covenants
(Ord. 3258) - J. Joerns
Assistant City Manager John Joerns presented summary and recommendation and
answered Council's questions.
Assistant City Attorney Clark Askins read Ordinance 3258 - AN ORDINANCE
AUTHORIZING THE SALE OF AN 81 ACRE TRACT OF LAND OWNED BY THE CITY OF
LA PORTE ON BAY AREA BOULEVARD, APPROVING DEED COVENANTS, 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 Councilmember Engelken to approve Ordinance 3258 as presented
by Mr. Joerns. Second by Councilmember Mosteit. Motion carried unanimously
Ayes: Engelken, Rigby, Moser, Black, Zemanek, Clausen, Mosteit and Mayor Pro-Tem
Leonard
Nays: None
Abstain: None
Absent: None
12. Main Street "Tell us your Story" Video - S. Osborne
Council opted to not watch the video during the meeting due to the length of the video.
They requested a DVD to review on their own.
13. Receive Report from Fiscal Affairs Committee -Chairman Engelken
Chairman Engelken provided a report from the Fiscal Affairs Committee.
14. Receive Report from Development Corporation Board - C. Engelken
Councilman Engelken provided a report from the Development Corporation Board.
15. Receive Drainage Report from City Staff - S. Gillett
Pubic Works Director Steve Gillett provided the Drainage Report
16. City Manager Ron Bottoms provided Administrative Reports for the following:
June 15, 2010 -Fiscal Affairs Committee Member Meeting - 5:00 p.m.
Minutes of Regular Meeting and Public Hearing of La Porte City Council on June 14, 2010
June 15, 2010 -First day to receive application in person for person to be placed on the
ballot for the position of Mayor in the Special Election to be held on August 28, 2010.
June 17, 2010 - "A Juneteenth Prayer Breakfast" -East Harris County Activity Center
(Kyle Chapman Annex) - 8:00 a.m. -9:30 a.m.
June 19, 2010 -Juneteenth Coffee -Five Point Town Plaza - 8:30 - 9:30 p.m. (Followed
by parade at N. 8th and Main Street -10:00 a.m.)
June 24, 2010 -Chamber of Commerce Annual Hamburger Cook-out -DuPont
Employees Recreation Building - 6:30 p.m.
June 24, 2010 -Port of Houston MN Sam Houston Tour and Dinner -Adjacent to
Battleship Texas (dock) - 6:30 p.m. - 8:30 p.m.
June 26, 2010 - La Porte Police Officer's Association 2010 Annual Golf Tournament -Bay
Forest Golf Course -12:30 p.m. (check-in) -1:30 p.m. (gun-shot start)
June 28, 2010 -City Council Meeting
July 23-24, 2010 -Newly Elected City Official's Orientation -TML -Irving, Texas
August 13-14, 2010 -Newly Elected City Official's Orientation -TML -Austin, Texas
17. Council Comments: Moser, Zemanek, Engelken, Mosteit, Clausen and Leonard
A. Matters appearing on agenda
B. Recognition of community members, city employees, and upcoming events
C. Inquiry of staff regarding specific factual information or existing policy
18. Executive Session -pursuant to provision of the Open Meeting Law, Chapter 551, Texas
Government Code, Sections 551.071 through 551.076, 551.087 (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. 551.072 (For the purpose of deliberating the purchase, (Discuss lease agreement
exchange, lease or value of real property) between the City of La
Porte and the Economic
Alliance)
Council closed the Regular Meeting and retired to Executive Session at 7:50 p.m.
Minutes of Regular Meeting and Public Hearing of La Porte City Council on June 14, 2010 8
Council closed the Executive Session and returned to the table at 8:16 p.m. There was no
action taken in Executive Session.
19. Considerations and possible action on items considered in executive session.
20. Adjournment
Being no further business, the meeting was duly adjourned at 8:20 p.m.
R s ectfully submitte ,
,~~'<GZ~i ie. ~C~~
Martha Gillett, TR C
City Secretary
Passed and approved on t is 28th day of June 2010.
~~
Mayor Pr - em Daryl Leonard
B
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested
June 14. 2010
Martha Gillett/Clark Askins
Appropriation
Requested By:
Source of Funds:
Date:
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits: Letter- from Attorney- Knox Askins
Amount Requested:
Exhibits: Special Election Schedule
Budgeted Item: YES NO
Exhibits: Ordinance
SUMMARY & RECOMMENDATION
Attached for your consideration is the ordinance calling for a Special election of the City of La Porte to fill the
vacancy of the Mayor position, to be held on August 28, 20 I 0, and calling for a Run -Off Election if necessary.
~[, I,,,
Date
a skins
& askins p.e.
AITORNEYS and COUNSELORS
Knox W. Askins
Clark T. Askins
June 3, 2010
vi.. email
Ms. Martha A. Gillett
city Secretary
city of La Porte
city Hall
La Porte, Texas
Dear Martha:
I enclose latest draft of agenda request, and ordinance calling a
special election, for June 14, 2010, Council meeting.
Please review and give me any revisions.
Yours very truly,
'6n~kin.
City Attorney
City of La Porte
KWA: sw
Enclosure
cc: Mr. Ron Bottoms
City Manager
City of La Porte
City Hall
La Porte, Texas
702 W. Fairmont Parkway, P.O. Box 1218, La Porte, TX 77572-1218
281.471.1887 phone . 281.471.2047 fax . knoxaskins@comcast.net . ctaskins@swbe1l.net
askins
& askins P.C.
AITORNEYS and COUNSELORS
Knox W. Askins
dark T. Askins
June 3, 2010
Ms. Martha A. Gillett
City Secretary
City of La Porte
city Hall
La Porte, Texas
Re: Agenda Request for June 14, 2010, Meeting.
Dear Martha:
I enclose herewith form of ordinance calling a special election of
the City of La Porte, to fill the vacancy in the office of Mayor.
The schedule for the special election, the dates of which are
established by the Texas Election Code, are as follows:
Filing begins:
Filing deadline:
Early voting begins:
Early voting Satu~day:
Early voting
two 12-hour weekdays:
Early voting ends:
Election date:
(Labor Day Holiday)
Canvass election:
Runoff election,
if necessary:
Tuesday, June IS, 2010
5:00 p.m., Monday, June 28, 2010
Wednesday, August 11, 2010
Saturday, August 21, 2010
Wednesday, August 18, 2010
Tuesday, August 24, 2010
Tuesday, August 24, 2010
Saturday, August 28, 2010
(Monday, September 6, 2010)
Special meeting of City Council on
Tuesday, September 7, 2010
Saturday, September 25, 2010
702 W. Fairmont Parkway, P.O. Box 1218, La Porte, TX 77572-1218
281.471.1887 phone . 281.471.2047 fax . knoxaskins@comcast.net . ctaskins@swbell.net
Martha A. Gillett
June 3, 2010
page 2
Yours very truly,
Clark T. Askins
Assistant City Attorney
City of La Porte
CTA: sw
Enclosure
cc: Mr. Ron Bottoms
City Manager
City of La Porte
Mr. Knox W. Askins
City Attorney
City of La Porte
ORDINANCB NO. 201.0- 3~ 53
AU ORDINANCB CALLING A SPBCIAL ELECTION OH THB CITY 01' LA PORTB TO
PILL THB UN-BXPIRED TERM 01' MAYOR, CALLING A RUN-OPP ELECTION, II'
HBCESSARY, DESIGNATING ELECTION PRBCINCTS .AND POLLING PLACES,
PROVIDING POR THE USB OF VOTING MACHIHBS, APPOINTING BLBCTION
OFFICIALS, PROVIDING FOR METHOD AND DATBS OF BARLY VOTING,
PROVIDING FOR AU EARLY VOTING BALLOT BOARD, PROVIDING POR RETURN
ABD CANVASS OF VOTBS OF SAID BLBCTION, PROVIDING FOR NOTICB,
PROVIDDlG POR FILING DEADLINE ABD PILING PEES POR CANDIDATBS,
PROV:IDDlG A SAVINGS CLAUSB, FDmING COJIIPL:IANCE WITH THB OPEN
MEETINGS LAW, AND PROVIDING AN BPFBCTrvE DATE HERBOP.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
A special election shall be held within the
corporate limits of the City of La Porte, Texas, on the 28th day
of August, 2010, such day being the fourth Saturday in August,
2010, between seven o'clock (7:00) A.M. and seven o'clock (7:00)
P. M., for the purpose of electing a Mayor, for a term expiring
May, 2012.
A run-off election, if necessary, shall be held on Saturday,
September 25, 2010, between the same hours.
Section 2.
Said election shall be held at each of the
following voting places within said City, and the following named
persons are hereby appointed as officers of said election, to-wit:
Blection Precinct #1
Polling Placel Baker School (Entry Area)
6000 West Main Street
(West Main Street/at Underwood - enter off
Spencer/Main)
La Porte, Texas 77571
Boundaries I
BEGINNING at the intersection of the Union Pacific Railroad
and "OldU Underwood Road;
THENCE south along Underwood Road to the north boundary line
of the Creekmont subdivision;
THENCE east along the north boundary line of the Creekmont
subdivision to Big Island Slough;
THENCE south along Big Island Slough to Meadow Place as
projected west;
THENCE east along Meadow Place to the west boundary line of
the La Porte Airport;
THENCE north along the west boundary line of the La Porte
Airport to the north boundary line of the La Porte Airport;
THENCE east along the north boundary line of the La Porte
Airport and continue to project east along this same line to
Sens Road;
THENCE north along Sens Road to the Union Pacific Railroad;
THENCE west along the Union Pacific Railroad to Underwood
Road the POINT OF BEGINNING.
Election Officials I
Earl Ehlers, presiding Judge
Susan Ehlers, Alternate presiding Judge
Blection Precinct #2
Polling Placel
Baker School (Entry Area)
6000 West Main Street
(West Main Street/at Underwood - enter off
Spencer/Main)
La Porte, Texas 77571
Boundar1esI
BEGINNING at the intersection of Underwood Rd. and Spencer
Highway;
THENCE west along Spencer Highway to the west La Porte City
Limit Line west of Luella Blvd;
THENCE south along the west La Porte City Limit Line to
Fairmont Parkway;
THENCE east along Fairmont Parkway to Underwood Rd;
THENCE north along Underwood Rd. to Spencer Highway the POINT
OF BEGINNING.
Blection Officialsl
Earl Ehlers, Presiding Judge
Susan Ehlers, Alternate Presiding Judge
2
Election Precinct #3
Polling Place,
Baker School (Entry Area)
6000 West Main Street
(West Main Street/at Underwood - enter off
Spencer/Main)
La Porte, Texas 77571
Boundar i.. ,
BEGINNING at the intersection of Underwood Road and the north
boundary line of the Creekmont subdivision;
THENCE south along Underwood Road to Fairmont Parkway;
THENCE east along Fairmont Parkway to Big Island Slough;
THENCE north along Big Island Slough to Spencer Highway;
THENCE east along Spencer Highway to Glen Meadows Drive as
projected south;
THENCE north along Glen Meadows Drive to Meadow Place;
THENCE west along Meadow Place, as projected west to Big
Island Slough;
THENCE north along Big Island Slough to the north boundary
line of the Creekmont subdivision;
THENCE west along the north boundary of the Creekmont
subdivision to Underwood Road the POINT OF BEGINNING.
Election Officials,
Earl Ehlers, Presiding Judge
Susan Ehlers, Alternate Presiding Judge
Blection Precinct #4
pOlling Placel
La Porte City Hall (Council Chambers)
604 West Fairmont Parkway
La Porte, Texas 77571
Boundaries,
BEGINNING at the intersection of the Union Pacific Railroad
and Sens Road;
THENCE south along Sens Rd. to the north boundary of the La
Porte Airport as projected east;
3
THENCE west along the projected north boundary line of the La
Porte Airport to the east boundary line of the Airport;
THENCE south along the east boundary line of the La Porte
Airport to Spencer Highway;
THENCE east along Spencer Highway to the Union Pacific
Railroad;
THENCE south along the Union Pacific Railroad to Fairmont
Parkway;
THENCE east along Fairmont Parkway to South Broadway (Old Hwy
146) ;
THENCE north along South Broadway to East "G" st.;
THENCE northeasterly along East "G" St. to South Iowa;
THENCE northwesterly along South Iowa to East "F" St. ;
THENCE northeasterly along East "F" St. to South Ohio;
THENCE northwesterly along South Ohio to East "E" St. ;
THENCE northeasterly along East "E" St. to the northeast La
Porte City Limit Line;
THENCE northwesterly along the northeast La Porte City Limit
Line to North "E" St.;
THENCE west along North "E" St. to North Blackwell;
THENCE north along North Blackwell to Barbours Cut Blvd.;
THENCE west along Barbours Cut Blvd. to North Broadway;
THENCE north along North Broadway to Union Pacific Railroad;
THENCE west along the Union Pacific Railroad to Sens Rd. the
POINT OF BEGINNING.
Election Officialss
Mary Ann Trainer, Presiding Judge
Norma Repman, Alternate Presiding Judge
Election Precinct #5
Polling Places La Porte City Hall (Council Chambers)
604 East Fairmont Parkway
La Porte, Texas 77571
4
Boundaries I
TRACT ONE
BEGINNING at the intersection of East "E" st. and the
northeast La Porte city Limit Line;
THENCE southeasterly along the La porte City Limit Line to
the shoreline of Galveston Bay;
THENCE southerly along the shoreline of Galveston Bay to the
southern La porte City Limit Line and the northern Shoreacres
City Limit Line;
THENCE west along the southern La Porte city Limit Line to
the west right-of-way line of State Highway 146;
THENCE north along the west right-of-way line of State
Highway 146 to McCabe Rd.;
THENCE west along McCabe Rd. to Union Pacific Railroad;
THENCE north along union Pacific Railroad to Fairmont
Parkway;
THENCE east along Fairmont Parkway to South Broadway (Old Hwy
146) ;
THENCE north along South Broadway to East "G" St. ;
THENCE northeasterly along East "G" st. to South Iowa;
THENCE northwesterly along South Iowa to East "F" St. ;
THENCE northeasterly along East "F" st. to South Ohio;
THENCE northwesterly along South Ohio to East "E" St.;
THENCE northeasterly along East "E" St. to the northeast La
Porte City Limit Line the POINT OF BEGINNING.
TRACT TWO
BEGINNING at the intersection of South Broadway (Old Hwy 146)
and the City of Shoreacres southern City Limit Line;
THENCE east along Shoreacres southern City Limit Line to the
shoreline of Galveston Bay;
THENCE southerly meandering the shoreline of Galveston Bay to
the southernmost La Porte City Limit Line;
THENCE west along the southernmost City Limit Line to South
Broadway (Old Hwy 146);
5
THENCE north along South Broadway to the southern City Limit
Line of city of Shoreacres being the POINT OF BEGINNING.
E1ection Officialsl
Mary Ann Trainer, Presiding Judge
Norma Repman, Alternate Presiding Judge
Election Precinct #6
Po11ing P1acel
Baker School (Entry Area)
6000 West Main Street
(West Main street/at Underwood - enter off
Spencer/Main)
La Porte, Texas 77571
Boundaries I
BEGINNING at the intersection of Big Island Slough and
Spencer Highway;
THENCE south along Big Island Slough to Fairmont Parkway;
THENCE east along Fairmont Parkway to the Union Pacific
Railroad;
THENCE north along the Union Pacific Railroad to Spencer
Highway;
THENCE west along Spencer Highway to the east boundary line
of the La Porte Airport;
THENCE north along the La Porte Airport east boundary line to
the north boundary line of the airport;
THENCE west along the La Porte Airport north boundary line to
the west boundary line of the airport;
THENCE south along the west boundary of the La Porte Airport
to Meadow Place as projected east;
THENCE west along Meadow Place to Glen Meadows Dr.;
THENCE south along Glen Meadows Dr. and as projected south to
Spencer Highway;
THENCE west along Spencer Highway to Big Island Slough the
POINT OF BEGINNING.
6
Election Officialsl
Earl Ehlers, Presiding Judge
Susan Ehlers, Alternate Presiding Judge
Barly Voting Place&
La Porte City Hall (Council Chambers)
604 West Fairmont Parkway
La porte, Texas 77571
Bilingual Election Clerkl
Barbara Eldridge
Section 3. voting at said election, including early voting,
shall be by the use of voting machines, and the ballots of said
election shall conform to the Texas Election Code, as amended.
Section 4. An Early voting Ballot Board is hereby created to
process Early voting results for the election and the runoff
election, if necessary.
Peggy Holland is appointed Presiding
Judge of the Early Voting Ballot Board. At least two (2) other
members of the Early voting Ballot Board shall be appointed by the
Presiding Judge, in the same manner as the precinct election
clerks.
Early Voting by personal appearance shall begin on the 17th
day and shall continue through the 4th day preceding the day of
election.
Early voting by mail shall begin on the 45th day preceding
the date of the election, or as soon thereafter as ballots are
available, and shall continue until seven o'clock (7:00) P.M. on
election day.
Early Voting shall be conducted by a clerk for Early Voting,
namely, Martha A. Gillett, and the place at which the Early voting
shall be conducted is designated as the La Porte City Hall, 604
7
West Fairmont Parkway, La porte, Texas, to which address ballot
applications and ballots voted by mail may be mailed. Early
voting by personal appearance shall begin on the 17th day and
continue through the 4th day preceding the day of election. Early
voting by personal appearance shall be conducted on the weekdays
of the early voting period, from 8:00 a.m. to 5:00 p.m., except
for Wednesday, August 18, 2010, and Tuesday, August 24, 2010, from
7:00 a.m. to 7:00 p.m.; and on Saturday, August 21, 2010, from
8:00 a.m. to 5:00 p.m.
Section 5. The City Secretary's election office in the La
Porte City Hall is hereby designated as the Central Counting
Station to receive all ballots cast at said election, and Martha
A. Gillett is hereby appointed the Presiding Manager for said
Central Counting Station, and Sharon Harris is hereby appointed
the Alternate Presiding Manager for said Central Counting Station.
Said Manager shall appoint any clerks necessary to assist in
receiving ballots and other records and in performing the other
duties of said Manager in this regard. The City Manager is hereby
authorized and directed to obtain, or cause to be obtained, the
necessary electronic tabulating equipment, to arrange for the
testing thereof as provided by law and to employ a duly qualified
manager and a duly qualified tabulation supervisor to perform the
duties respectively imposed on them by law with respect to the
processing and tabulation of ballots at the Central counting
Station.
Section 6.
That all election materials including notice of
the election, ballots, instruction cards, affidavits and other
8
forms which voters may be required to sign and all early voting
materials shall be printed in both English and Spanish, or Spanish
translations thereof shall be made available in the circumstances
permitted and in the manner required by law.
Section 7. The City Secretary of the City of La Porte shall
forthwith issue Notice of said election to be published one time
in the BAY SHORE SUN, which is hereby found and declared to be a
newspaper of general circulation in said City, not less than ten
(10) days nor more than thirty (30) days prior to the date of the
said election.
Section 8. Upon a candidate tendering his application on the
form prescribed, the City Secretary shall furnish to such
candidate all information relative to the qualifications for the
office being sought; the method of placing the candidate's name on
the ballot; the amount of the required filing fee; and any other
pertinent information concerning said election;
Section 9. Each candidate for the office of Mayor must be a
resident elector of the City.
Section 10. The deadline for a candidate to make application
to have his name appear upon the ballot for such election, is
hereby designated and established as 5:00 o'clock P.M., Monday,
June 28, 2010. No application shall be accepted for filing prior
to June 15, 2010. The filing fee for each candidate for the
office of Mayor is hereby established at One Hundred Dollars
($100.00). The filing fees shall be used to defray the cost of
the election, and said fees shall be prorated and any surplus
shall be refunded to said candidates. As an alternative to paying
9
a filing fee, a candidate may obtain a place on the ballot by
filing a petition as provided for in city of La Porte Home Rule
Charter, Article 2.04 c.3.
Section 11. Said election shall be held in accordance with
the provisions of the City Charter of the city of La Porte, and
the general election laws of the State of Texas governing general
and municipal elections, so far as same may be applicable thereto.
Section 12. Immediately after said election, the officers
holding the same shall make and deliver the returns of the results
thereof and the accompanying records for use in the official
canvass to the City Council of the City of La Porte, and the City
council shall canvass said returns at the earliest practicable
time, and shall, immediately after canvassing the returns, declare
the results of the election. The Mayor shall immediately
thereafter deliver to the candidate for whom the majority of votes
has been polled for each respective office, a certificate of
election. Such elected officials shall assume their duties within
ten (10) days thereafter, Sundays excluded, upon their taking the
oath of office.
Section 13. Each and every provision, paragraph, sentence
and clause of this Ordinance has been separately considered and
passed by the City Council of the City of La Porte, Texas, and
each said provision would have been separately passed without any
other provision, and if any provision hereof shall be ineffective,
invalid or unconstitutional, for any cause, it shall not impair or
affect the remaining portion, or any part thereof, but the valid
portion shall be in force just as if it had been passed alone.
10
section 14.
This Ordinance shall be in effect inunediately
upon its passage and approval.
Section 15.
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.
PASSED AND APPROVED, this 14th day of June, 2010.
By:
zz
' A~-r~~
rk T. Askins
Assistant city Attorney
11
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: June 14.2010
Source of Funds: N/A
Requested By: Tim Tietiens
Account Number: N/A
Department: Plannine:
Amount Budgeted: N/A
Report: _Resolution: _Ordinance: l
Amount Requested:
Exhibits:
1. Ordinance
2. Deed to Owner
3. Area Map
Budgeted Item: _YES -LNO
SUMMARY & RECOMMENDATION
The City has received a joint-application from La Porte Commercial Properties, LP (owner of Lots 9-16 &
17-24) and Mrs. Linda Westergren (owner of Lots 5-8) to close the entire alley in Block 327, Town of La
Porte.
La Porte Commercial Properties, LP, who owns all property adjacent to the south Y:z of the alley has
completed the requirements of its portion of the application and desires to proceed with closing (Mrs.
Westergren's request to close the remaining north Y2 of the alley will be presented to Council at a later date
upon completion of her portion of the application).
In its review of La Porte Commercial Properties, LP's portion of the application, Staff identified an existing
8" sanitary sewer main within the alley of the block for which the company has executed a sanitary sewer
easement to the City. This instrument will be filed for record upon Council's approval of this ordinance.
Additionally, the company has executed individual easement agreements with both Centerpoint Energy and
AT&T for each company's existing facilities within the alley. Comcast responded to the application with
"no objection".
In accordance with Section 62.35 of the Code of Ordinances, Staff has procured an independent appraisal of
the alley for which fair market value has been established at $1.1 0 per square foot. The City has
subsequently received payment from La Porte Commercial Properties, LP for its portion of the alley in the
amount of $2,640 (75% of Fair Market Value per the ordinance).
Action Required of Council:
· Approve an ordinance vacating, abandoning, and closing the southernmost 200' of the alley in
Block 327, Town of La Porte;
Authorize execution of a Deed without Warranty from the City to La Porte Commercial Properties,
LP to the southernmost 200' of the alley in Block 327, Town of La Porte.
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Date
Ron Bottoms, City Manager
ORDINANCE NO. 2010-
3~5'-1
AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE
ALLEY IN BLOCK 327, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS,
AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE
ADJOINING LANDOWNER, FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of La Porte has been
requested by the record owner of all of the property abutting
the hereinafter described portion of the Alley in Block 327,
Town of La Porte, Harris County, Texas; to vacate, abandon, and
permanently close the hereinafter described portion of the Alley
in Block 327, Town of La Porte, Harris County, Texas; and,
WHEREAS, the City Council of the City of La Porte has
determined and does hereby find, determine, and declare that the
hereinafter described portion of the Alley in Block 327, Town of
La Porte, Harris County, Texas, is not suitable, needed, or
beneficial to the public as a public road, street, or alley, and
the closing of hereinafter described portion of the Alley in
Block 327, Town of La Porte, Harris County, Texas, is for the
protection of the public and for the public interest and
benefit, and that the hereinafter described portion of the Alley
in Block 327, Town of La Porte, Harris County, Texas, should be
vacated, abandoned, and permanently closed.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
Under and by virtue of the power granted to
the City of La Porte under its home rule charter and Chapter
253,
Section
253.001,
Texas
Local
Government
Code,
the
hereinafter described portion of the Alley in Block 327, Town of
La Porte, Harris County, Texas, is hereby permanently vacated,
abandoned, and closed by the City of La Porte, to wit:
2
Beginning at a point being the northeast corner of Lot 9,
Block 327, Town of La Porte;
Thence in a southerly direction along the west line of the
alley in Block 327, Town of La Porte, to the southeast
corner of Lot 16, Block 327, Town of La Porte; a distance
of two hundred (200) feet;
Thence in an easterly direction to the southwest corner of
Lot 17, Block 327, Town of La Porte, a distance of sixteen
(16) feet;
Thence in a northerly direction along the east line of the
alley in Block 327, Town of La Porte, to the northwest
corner of Lot 24, Block 327, Town of La Porte, a distance
of two hundred (200) feet;
Thence in a westerly direction to the northeast corner of
Lot 9, Block 327, Town of La Porte and point of beginning,
containing a total of 3,200 square feet as generally
illustrated on the diagram attached hereto as Exhibit "A"
and incorporated by reference herein.
Section 2.
The
City
Council
officially
finds,
determines,
recites, and declares that a sufficient written
notice of the date, hour, place, and subject of this meeting 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 subj ect 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.
Individual utility easements have been executed
for an existing sanitary sewer main,
as well as existing
Centerpoint Energy and AT&T facilities located within the above-
described portion of the alley of Block 327, Town of La Porte.
3
Energy, and AT&T. This ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 14th day of June, 2010.
By:
ATTEST:
{!Ji#i: Ilffit-
City Secretary
APP~~ ~
Knox W. Askins
City Attorney
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2010C14,J.2119
09f24/2010 RP2 $20.00
DEED WITHOUT WARRANTY
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Date:
June 14, 2010
Grantor:
City of La Porte, a municipal corporation
Mailing Address:
604 West Fairmont Parkway, La Porte, TX 77571
Grantee:
La Porte Commercial properties, LP
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Mailing Address:
1000 Uptown Park Blvd. #81, Houston, TX 77056
Consideration: Ten and NO/100 Dollars ($10.00) cash and other good
and valuable considerations
Property (including any improvements) :
The south 1/2 of the alley in Block 327, Town of La
Porte, Harris County, Texas, adjacent to Lots 9 through
24, as generally illustrated on Exhibit "A" attached
herein and made part hereof, containing a total of
thirty-two hundred (3,200) square feet, which Street
Right-of-Way was vacated, abandoned, and closed by City
of La Porte Ordinance No. 2010-3254, passed and approved
by the City Council of the City of La Porte on June 14,
2010.
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SUBJECT TO: Grantor retains for itself, AT&T, and
Centerpoint Energy, a public utility easement as
described in separate easement documents from Grantee to
AT&T, Centerpoint Energy, and the City of La Porte.
RECORDER'S MEMORANDUM
Exhibit(s) Not Attached
Reservations from and Exception to Conveyance and Warranty: This
conveyance is made subject to all and singular the restrictions,
conditions, oil, gas, and other mineral reservations, easements,
and covenants, if any, applicable to and enforceable against the
above described property as reflected by the records of the county
clerk of the aforesaid county.
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Grantor for the consideration and subject to the reservations from
and exceptions to conveyance, conveys to Grantee the property
without express or implied warranty, and all warranties that might
arise by common law and the warranties in ~5. 023 of the Texas
Property Code (or its successor) are exclude
By:
~
Attest, ~lt
~ Gillett
City Secretary
Knox
City
STATE OF TEXAS ~
~
COUNTY OF HARRIS ~
This instrument was acknowledged before me on the ~~y
, 2010, by Ron Bottoms, City Manager of the City of
municipal corporation.
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of
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~'$~,.rJ:~.;-~ YVONNE RRI N
h.;:;.A;'i*~ MY COMMISSION EXPIRES
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"'~~f..~f:.~~t..,. October 28, 2013
//
AFTER RECORDING RETURN TO:
PREPARED IN THE LAW OFFICE OF:
CITY OF LA PORTE
604 West Fairmont Parkway
La Porte, TX 77571
ASKINS & ASKINS, P.C.
P.O. Box 1218
La Porte, TX 77572-1218
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/NY PRO'IiSO~ HEREI~WH1:H RE:m::TS THE S!~E RE!fII.L OR USE Of THE DES-:R!BED REAl
PWERiY BE.::!USE Of COLOR )R R.I.:E is IH'ilLlO !ND UNENFORCEABLE UN~R fiDERAl LAW.
THE STATE OF TEXAS
COUNTY OF HARRIS
I ~.e~y ,Wy ~It tli$ ~st'umIM was fiLED ~ fie Numttr Se<iulll(e en 11I1 date ana It IIIf line
stim;;!~ ~lrlOl\ 01 ml, Ir!: ",Slull ",CORDED!n lie ~I PuCk Rt:O~elRul P~il) elHI!1iI
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SEP 2 4 2010
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COUNTY CI.ERK
HARRIS COUNTY, TEXAS
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BLOCK 327 ALLEY CLOSING l
& PUBLIC UTILITY ESMT.
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NORTH "E" ST.
TO ORDINANCE NO. 2010 -
EXHIBIT "A"
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4
D
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: June 14. 2010
Source of Funds: N/A
Requested By: Tim Tietiens
Account Number: N/A
Department: Planninl!
Amount Budgeted: N/ A
Report: _Resolution: _Ordinance:-1L
Amount Requested:
Exhibits:
1. Ordinance
2. Area Map
Budgeted Item: _YES ....x....NO
SUMMARY & RECOMMENDATION
Sulzer Hickham, Inc. has requested the City to abandon an existing sixteen (16) foot wide utility
easement, previously dedicated to the City of La Porte (Re: Harris County Clerk's File No.
K010282).
The easement was dedicated for construction of an 8" waterline within the company's facility at
11518 Old La Porte Rd. However, no waterline was constructed within the easement and the
company has no current or future plans to utilize this easement for a waterline.
As shown on Exhibit 2, the applicant's current plans are to construct oxygen and propane tank
facilities within the easement area and requests its abandonment to facilitate this construction.
Recommendation:
Staff recommends the abandonment of said sixteen (16) foot wide utility easement as requested by
Sulzer Hickham, Inc.
Action Reauired of Council:
Approve an ordinance authorizing the abandonment of a sixteen (16) foot wide utility easement as
recorded in Harris County Clerk's File No. KOI0282.
~
Date
ORDINANCE NO. 2010-
3~55
AN ORDINANCE ABANDONING A SIXTEEN (16) FOOT WIDE UTILITY
EASEMENT OVER A PORTION OF A 28.3135 ACRE TRACT OUT OF LOT 9,
F .A. STAASHEN SUBDIVISION, ENOCH BRINSON SURVEY, A-5, HARRIS
COUNTY, TEXAS, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of La Porte has been
requested by the record owner of a 28.3135 acre tract out of Lot
9, F.A. Staashen Subdivision, Enoch Brinson Survey, A-5, Harris
County, Texas, to abandon an existing sixteen (16) foot wide
utility easement located within the owner's said property;
WHEREAS, the City Council of the City of La Porte has
determined and does hereby find, determine, and declare that the
hereinafter described sixteen (16) foot wide utility easement is
no longer suitable, needed, or beneficial to the public as a
utility easement,
and the abandonment of the hereinafter
described sixteen (16) foot wide utility easement is for the
protection of the public and for the public interest and
benefit, and that the hereinafter described sixteen (16) foot
wide utility easement should be permanently abandoned.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Secti.on 1.
Under and by virtue of the power granted to
the City of La Porte under its home rule charter and Chapter
253,
Section
253.001,
Texas
Local
Government
Code,
the
hereinafter described sixteen (16) foot wide utility easement,
is hereby permanently abandoned by the City of La Porte, to wit:
2
A sixteen (16) foot wide utility easement granted to
the City of La Porte, Texas by I. W . Biokham, Jr. and
reoorded in the publio reoords of Harris County, Texas
under Harris County Clerk's File Code Number K010282.
Said easement instrument attaohed as referenoe hereto
as Exhibit "A".
Seotion 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.
Seotion 3 .
This ordinance shall be effective from and
after its passage and approval, and it is so ordered.
PASSED AND APPROVED THIS
I~ DAY OF Vli/Jot
ATTEST:
Lj)f Mr~, 11.41/
Martha Gillett, City Secretary
AP~~~
Knox W. Askins, City Attorney
CITY OF LA PORTE
BY:1J~
Dary: e nard
Mayor Pro Tern
3
2010.
EXHIBIT" A"
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OIItV.. MIIlttII .t at. ."...
UTILITY 'A8CNltI'1'
'till &'1''''1'11 or TlM8 f
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COll!lTlI' or IWUUS .
'l'hat I nlld ~ 1:. W. R1~AlUl. .111.
. of 'H.~r~. t!oUfttv" ...."'11II.
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hel'elnaftel' Clan.d t:he GUlltor (vbathe" one or ~l".) for ami in
oona14e.:atlon of tile a. of TIN IlO.LJ.AIl8 (flO,OO) all(l other ~
and "aluableClOnslderaUon, .ash to 118 t.ft band paid .by elta Cit,V of
La Pollta, . iIIInlo1paUtr, tIHJ 'I'acelpt: and ..ufflolenq of whl9h b
heretllf aollnowla40ad and oon'....4, lIave '~l. ou.wn:D, .....I..D,
SOLD AtlD CQN""D and 1W tll... pn_nt. , SIIld., MID calW"
unto tile a.t4 Crrlr OP 1A .JCm'tIt, "..., to 1_ .ua..... ad
...lllno'",. ,.,.tual dgll', pd'll1~ and ....."', wlf11l .oppropda'.
d,bta 0' lnOte.. and ..reu and neeonab1. -nIIlG erea fOC' 001I"
.tlNOtS.on anlf: ulntananG4t, to entft llpon .net oon.tlNOt, nOOll8t:nlft,
...intaln, opetat4l, 1.Illt,.Ot, rapl_., ",all' aftd ~ova .
t<<l..l:L~.ft1"1.~'W ,,-'1\. . ovel' amll aor:v.. Ctlnalri
larnta alld ,Hala.. ovnM bt the ..ld Gltan~r, the lena all4 p~_l...
beinG buNane" with ....d ......nt bel"! d..o~lbed .. tollov., llo"1flta
BeIng e lli.110 1'eet wid. ~tn1=IS8IIIIIt ov.... lIOt'tioll of 28.3138 ~ tmt
shOllII on I 11Il'V1I1 b1 frv1ng C. PlY in Jun. of J"41 ..,d 28.3135 KI'I tract t
aut of Lot 9. n II. Stall'*' SllWMs on. IMch 81'flltOn Surv~, A-I, 81m. C<Iun ,
TUI.\ accordll11 to the pTI' reconfecl in Yo1\11lt 1, Page II of the Hal''''' CounV: II
Recoras. TII' 1f.00 feet wi. lIttltt,y ,lllftlIt fs IIOrl particularly "..crtbld &y
illites .nd bOllllda I' fol1ows.
C<<IlIencing at the southeast com.1' of lot 8 end tile SOUthwest com." of foot 9
in tilt S1<<1"'.n!clb4lvis10n,.
Thenc., II 89' 44' 09- E (C.ll " 89. 43' 17. E). a dlst&nc. of 49JA7 ,.... to .
t I'Oll rod \II ~ b"'$1 cap fOlllld for thl Southwest corner or tit, Ifore..1. 28.JU6
lel'l tract. .
Thtftce. H 1. 11' 49. E (Call It 10 20' 57. E) . elt....,," 0' 141.33 feet to a
poll\t coincident IIltl1 tile Wast boundary 11ne of tha 28.31$11 acre tNet'M tht
SOuth rl9l1t-of..-, H". of the Ot4 HOulton - La fIorte Road.
TItllnc:e, S 69:' 43' 43" i, co1notcllllt wttll tht soutll rftIJI'.of-lf~ lflll of Old
HoItstoll - L. Pot1t ReId (h.ed Oft . wIdth 60.00 feet), a lltstence 0' 941.U f..,
to tIl. llo"thelt' c_" Of tha 1'.00 ,Nt Iff. uti1f~ ..,....t and the .oINT OF'
BEG1N1lUl8.
TJt_~ S 69- 43' 43" E cofm:iclent with tht bth rIVht-o'.-.y tt!WI ot 014
Houlton - II Porte ...... a ~t.tllIC:' 01 16.40 t..t to the Horthe..t corner of 16.00
'eet wide lItiHt,v .,s_t.
thence! S ~1 10' St- Wa distance of .30.00 f..t to the SOIIthellt com", Of
tile 16.00 ,eet Wl4lt utili t,y ..,.."t.
'l1Itftc'l " ft. .3' 43. II. dln.nee Of 16.00 fe.t to tile Soutllwtst etl'll.r of
the 16.00 T"t. wflll vtflity ..~t.
Thence. " 20. 1" 51" . dlstlllce of 430.00 feet to tile POUlT OF 8EGlNNING.
AbDR188 or Qluutfll!:t IIlturn tot City of La POrte . I
0/0 CH)' Secrntary V
City of La ~rte P.o. BOX 1119
P. O. lOx 1115 L4I porte. TIC 11571
La Porto, Taxa' 71571
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upl.. btlo".II, Wlto tll8 .a..4 el," O~ Ll1lOll'ftl. ftJU. st.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: June 14. 2010
Source of Funds: N/A
Requested By: Tim Tietiens
Account Number: N/A
Department: Planninl!
Amount Budgeted: N/A
Report: _Resolution: _Ordinance: l
Amount Requested:
Exhibits:
1. Ordinance
2. Deed to Adjacent Owner
3. Area Map
Budgeted Item: _YES -A-.NO
SUMMARY & RECOMMENDATION
The City has received an application from Christ Lutheran Church to vacate, abandon and close the alley in
Block 1372, La Porte. The church desires to close the alley to unify its property (Lots 1-16 & 17-32) in the
block into one economic unit of land. In reviewing the church's application, Staff has determined that no
public utilities exist within the subject alley.
Upon review the closing request, Staff has identified the need for an easement to pedestrian access to
Bayshore Elementary School as well as a proposed sanitary sewer main along McCabe Road. Staff has met
with church representatives to discuss a possible land swap between the two parties. The church has agreed
to dedicate two easements to the City in turn for closing of the alley in Block 1372:
1. A ten (10) foot wide pedestrian & sanitary sewer easement along McCabe Road
2. A ten (l0) foot wide construction easement located north of & parallel to the pedestrian & sanitary
sewer easement (see Exhibit 3).
Based on comparable HCAD land values of adjacent properties, the value of the alley in Block 1372 is
$2.00 per square foot. The alley contains 6,400 square feet ofland resulting in an overall value of $12,800.
Christ Lutheran Church's maintains 621.86 feet of frontage along McCabe Road. HCAD land values of
adjacent properties along McCabe Road averages $1.04 per square foot. The square footage area of
easement dedicated to the City by the church is 12,437 square feet resulting in a value of$12,935.
Recommendation:
Staff recommends vacating, abandoning, and closing the alley in Block 1372, La Porte to Christ Lutheran
Church in return for dedication of a ten (l0) foot wide pedestrian & sanitary sewer easement and a ten (10)
foot wide construction easement along McCabe Road.
Action Required of Council:
A ve an ordinance vacating, abandoning, and closing the alley in Block 1372, La Porte to Christ
uthe an Church in return for dedication of a ten (10) foot wide pedestrian & sanitary sewer easement and a
en (1 ) foot wide construction easement along its McCabe Road frontage.
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Council Agenda
ORDINANCE NO. 2010-
3;). 5w
AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEY IN BLOCK
1372, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, AUTHORIZING THE
EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNER,
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of La Porte has been
requested by the record owner of all of the property abutting
the hereinafter described alley in Block 1372, Town of La Porte,
Harris County, Texas; to vacate, abandon, and permanently close
the hereinafter described alley in Block 1372, Town of La Porte,
Harris County, Texas; and,
WHEREAS, the City Council of the City of La Porte has
determined and does hereby find, determine, and declare that the
hereinafter described alley in Block 1372, Town of La Porte,
Harris County, Texas, is not suitable, needed, or beneficial to
the public as a public road, street, or alley, and the closing
of hereinafter described alley in Block 1372, Town of La Porte,
Harris County, Texas, is for the protection of the public and
for the public interest and benefit, and that the hereinafter
described alley Block 1372, Town of La Porte, Harris County,
Texas, should be vacated, abandoned, and permanently closed.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
Under and by virtue of the power granted to
the City of La Porte under its home rule charter and Chapter
253,
Section
253.001,
Texas
Local
Government
Code,
the
hereinafter described alley In Block 1372, Town of La Porte,
Harris County, Texas, is hereby permanently vacated, abandoned,
and closed by the City of La Porte, to wit:
2
The entire alley in Block 1372, Town of La Porte
situated between Lots 1 through 16 and Lots 17 through
32 of said block, containing a total of 6,400 square
feet and generally illustrated on Exhibi t "A"
incorporated by reference herein.
Section 2.
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
Ci ty 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 subj ect 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
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ATTEST:
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Martha Gillett, City Secretary
APPROVED:
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Knox W. Askins, City Attorney
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DAY OF
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2010.
CITY OF LA PORTE
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REceIVED
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e,"" se.CtlElAR'f'S
OFftC€
DEED WITHOUT WARRANTY
A9l/:J04.44-~3>1";;
J,U.. Ln 2010 RPl -$24.00
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Date:
May 10, 2010
Grantor:
City of La Porte, a municipal corporation
Mailing Address:
604 West Fairmont Parkway, La Porte, TX 77571
Grantee:
Christ Lutheran Church of La Porte
a Texas non-profit corporation
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Mailing Address:
2530 South Broadway, La Porte, TX 77571
Consideration: Ten and NO/100 Dollars ($10.00) cash and other good
and valuable considerations
Property (including any improvements) :
All of the alley in Block 1372, Town of La Porte, Harris ()
County, Texas, situated between Lots 1 through 16 and
Lots 17 through 32, as generally illustrated on Exhibit
"A" attached herein and made part hereof, containing a
total of six thousand four hundred (6,400) square feet,
which alleys were vacated, abandoned, and closed by City
of La Porte Ordinance No. 2010-3256, passed and approved
by the City Council of the City of La Porte on May 10,
2010.
Reservations from and Exception to Conveyance and Warranty: This
conveyance is made subject to all and singular the restrictions,
conditions, oil, gas, and other mineral reservations, easements,
and covenants, if any, applicable to and enforceable against the
above described property as reflected by the records of the county
clerk of the aforesaid county.
Grantor for the consideration and subject to the reservations from
and exceptions to conveyance, conveys to Grantee the property
without express or implied warranty, and all warranties that might
arise by common law and the warranties in .02 of the Texas
Property Code (or its successor) are exclu
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Knox W. Askins
City Attorney
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STATE OF TEXAS ~
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This instrument was acknowledged before me on the J~~ay
, 2010, by Ron Bottoms, City Manager of the City of
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AFTER RECORDING RETURN TO:
PREPARED IN THE LAW OFFICE OF:
CITY OF LA PORTE
604 West Fairmont Parkway
La Porte, TX 77571
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ASKINS & ASKINS, P.C.
P.O. Box 1218
La Porte, TX 77572-1218
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THEITATEOFTEXAS
COUNTY OF HARRIS
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HARRIS COIMTY. TEXAS
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: June 14. 2010
Source of Funds: N/A
Requested By: Tim Tietiens
Account Number: N/A
Department: Planninl!
Amount Budgeted: N/A
Report: _Resolution: l..Ordinance:_
Amount Requested: N/A
Exhibits:
Resolution
Budgeted Item: _YES _NO
SUMMARY
A Resolution authorizing the City Manager to act as the Executive Officer and authorized representative
in connection with the Texas Disaster Recovery Program (TDRP). The TDRP specifically involves only
the Community Development Block Grant funding allocation resulting from Hurricane Ike. The two
State agencies responsible for distribution and administration of the grant funds are Texas Department of
Housing and Community Affairs (for housing funds) and Texas Department of Rural Affairs (for non-
housing funds). It in no way affects the existing authority structure for disaster and emergency
management in La Porte.
Action Required bv Council:
Consider approval of a Resolution authorizing the City Manager to act as the Executive Officer and
authorized representative in all matters pertaining to participation in all phases of the Texas Disaster
Rove Program for receipt of CDBG Ike funding.
Ron Bottoms, City Manager
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Date
RESOLUTION NO. J.O I D - 0 tR
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACT AS THE
EXECUTIVE OFFICER AND AUTHORIZED REPRESENT A TIVE IN ALL
MATTERS PERTAINING TO PARTICIPATION IN ALL PHASES OF THE TEXAS
DISASTER RECOVERY PROGRAM.
WHEREAS, the City of La Porte is participating in the Texas Disaster Recovery Program
and
WHEREAS, the Program requires that a city official be designated as the authorized
representative.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LA PORTE, TEXAS THAT:
SECTION 1.
The City Manager is designated as the Chief Executive Officer and
Authorized Representative to act in all maters in connection with
the application and participation in the Texas Disaster Recovery
Program for receipt of CDBG Ike funding.
PASSED AND APPROVED this the 14th day of June, 2010.
CITY OF LA PORTE, TEXAS
ATTEST:
tJJt~$
City Secretary .
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city Attorney
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: June 14.2010
Appropriation
005 Transportation Fund
Source of Funds: 015 Capital Improvement Fund
Requested By: Stephen L. Barr
Department:
Parks & Recreation
Acc't Number: 005-9892-994-1100
015-9892-893-1100
$304,000
$234,933
Report: -1L-Resolution: _Ordinance:_
Amount Budgeted:
$304,000
$538,933
Exhibits:
Bid Tabulation Sealed Bid #10024
Amount Requested:
Exhibits:
Bidder's List
Budt!eted Item:
YES X
NO X
Exhibits:
Engineer's Recommendation
SUMMARY & RECOMMENDATION
Sealed Bid #10024 for the San Jacinto Pedestrian Pathway and Lighting Project construction for the
City of La Porte was sent to twenty-seven contractors and representatives. Bids were opened on May 27, 2010
with nine vendors responding. Lucas Construction, Inc. submitted the low bid meeting specifications, for the
project in the amount of$489,939.
The original scope of work, and budget for this project was for the pedestrian pathway only. Funding
for the original scope was budgeted and is available through the 005 Transportation Fund in the amount of
$304,000. During the review process, the project scope was expanded to include lighting along this major
corridor tying the Five Points Town Plaza to the Sylvan Beach Park. It will also be a major pedestrian bicycle
corridor for schoolchildren, serving three separate campuses.
There are surplus funds in unused trail funding for Fairmont Trail project (Project GEN893) to
fund the additional lighting costs for this project. There is an unencumbered balance in this account of
$493,686 due to the excellent bid we received for this project in December 2009. Staff is requesting
authorization by Council for the use of a portion of these funds to provide a base price difference
needed for the lighting portion of this project, of$189,686 and $234,933 including contingency.
Staff recommends acceptance of the low bid from Lucas Construction, Inc. as low bidder meeting
specifications in the amount of $489,939, plus a 10% contingency, for a total of $538,933. The contingency
will provide funding for concrete testing services to be provided by Professional Service Industries,
Inc. (P.S.I.), a local La Porte testing service an amount not to exceed $6,000. The company expects to complete
the project in 99 days after the Notice to Proceed.
Action Reauired bv Council:
Consider award of bid and authorization to execute a contract with Lucas Construction, Inc. for
constru tion of the San Jacinto Pedestrian Pathway and Lighting Project according to the plans and
spe lca 'ons, in the amount $489,939 with a contingency of 10% for a total price not to exceed $538,933; and
rove e transfer of funds from Project GEN893 in the amount of $234,933.
, h/to
Date
BIDDERS LIST
SAN JACINTO PEDESTRIAN PATHWAY & LIGHTING PROJECT
SEALED BID # 10024
Jerdon Enterprise, L.P.
13404 Redfish Lane
Stafford, TX 77477
Attn: Jeff Grzybowski
Off: 281-261-5000
Fax: 281-261-5500
ieff@ierdonlp.com
C.F. Jordan, L.P.
9801 Westheimer, Suite 320
Houston, TX 77042
Attn: Jay Nelson
Bobby Rutherford
Off: 832-615-1270
Fax: 832-615-1271
jnelson@cfjordon.com
brutherford@cfiordan.com
Harvey Builders
P.O. Box 42008
Houston, TX 77242-2008
Attn: David Harvey
Guy Cook
Off: 713-243-4202
quycook@harveybuilders.com
Construction Ltd.
1825 Upland Dr.
Houston, TX 77043
Attn: Jody Pepitone
Off: 713-984-9444
Fax: 713-984-2320
jpepitone@ctld.net
Comex Corporation
P.O. Box 862
Deer Park, TX 77536
Attn: David Walker
Off: 281-479-2322
Fax: 281-479-2069
davidaw@comexcorp.com
Lucas Construction
551 C Link Rd.
League City, TX 77573
Attn: Willis Lucas
Off: 281-316-9990
Fax: 281-316-6087
lucasconstruction@comcast.net
SpawGlass Civil Construction, Inc.
13800 West Road
Houston, TX 77041
Attn: Lindsey Boraurd
Off: 281-970-5300
Fax: 281-517-8282
Linsey. boraud@spawqlass.com
Hull & Hull, Inc.
2222 Kelley St.
Houston, TX 77026
Attn: William Hull
Off: 713-699-2577
Fax: 713-699-2581
wchull@comcast.net
Hale Mills Construction
4130 Bellaire Blvd., Ste 210
Houston, TX 77025
Attn: David Palmer
Off: 713-665-1100
Fax: 713-665-4944
dpalmer@hale-mills.com
Vaughn Construction
10355 Westpark Dr.
Houston, Tx 77042-5312
Attn: Tom Vaughn
Off: 713-243-8300
Fax: 713243-8350
tvauqhn@vauqhnconstruction.com
Turner Construction Company
4623 Dacoma St
Houston, TX 77092
Attn: James Barrett
Off: 713-840-8441
imendvk@tcco.com
Palmer Construction, LLC
6302 Broadway - Suite 250
Pearland, TX 77581
wowens@palmerconstructionllc.com
Contact: Woody Owens
Off:281-997 -8300
Patak Construction, Inc.
1927 Hwy. 146
Kemah, Texas 77565
Attn: Tim Patak
Off: 281-334-9833
Fax: 281-334-9814
patakconstruction@comcast.net
Pfeiffer & Sons, Ltd
116 N. 16th St.
La Porte, TX 77571
Off: 281-471-4222
Fax: 281-471-6856
Attn: Merle Golf
Email: merle@pfeifferandson.com
Angel Brothers Enterprises, Ltd.
P.O. Box 570
5210 West Road
Baytown, Texas 77521
Attn: Robert Carter
Off: 281-421-5721
Fax: 281-421-5796
robertc@anqelbrothers.com
Moore & Moore General Contractors
530 S. Broadway
La Porte, TX 77571-5318
Ph: 281-604-0536
Cell: 281-932-3128
Fax: 281-604-0537
Attn: Bryan Moore
brvanm@mmqc.com
BHR-Garver Construction, LTD.
7600 Santa Fe Drive, Bldg. A 1
Houston, Texas 77061
Attn: Elizabeth Tellez, Estimating
Admin. Asst.
Off: 713-921-2929 (ext.48)
Fax: 713-921-2487
elizabethtellez@brhqarver.com
Four Seasons Development
5825 W. Sam Houston Pkwy N.
Houston, TX 77041
Off: 713-466-7077
knwink@msn.com
kwinkelmann@fourseasonsdevelopment
co.com
iulian@fourseassonsdevelopmentco.co
m
D&W Contractors, Inc.
P.O. Box 1075
Channelview, Texas 77530
Attn: Kathy Delgado, Office
Administrator
Off: 281-456-0898
Fax: 281-456-0158
Kathv@dwcontractorsinc.com
Lone Star Road Construction, Ltd.
10333 Windfern
Houston, TX 77064
Off: 281-477-0515
Fax: 281-469-1346
Attn: Brandon Schweitzer
bschweitzer@lonestarroad.com
Durwood Green Construction Co.,
Inc.
P.O. Box 1338
Stafford , Texas 77477
Attn: Steve Maynard, VP
Off: 281-499-1551 (ext.25)
Fax: 281-499-1525
smavnard@durwoodqreene.com
Mar-Con Services, L.L.C.
P.O. Box 837
Deer Park, Texas 77536
Off: 713.473.1800
Fax: 713.473.1811
adavillarreal@vahoo.com
Slack & Co. Contracting, Inc.
10622 South Main St
Houston, TX 77025
Off: 713-838-7300
Fax: 713-838-7501
Attn: Jim Slack
iims@slackandco.com
D. L. Meacham L.P.
2102 Haskins
Houston, TX 77080
Off: 713-465-1905
chad@dlmeacham.com
Brooks Concrete Inc.
4018 Allen Genoa
Pasadena,TX 77504
Off: 713-947-8440
Fax: 713-947-8444
Brooksconcrete1976@yahoo.com
DivisionOne Construction
2855 Mangum Rd., Suite B-105
Houston, TX 77092
Off: 713-688-7330
Attn: Michael Todd Callaway
G.W. Phillips Construction, Inc.
117 Oates Road
Houston, TX 77013
Off: 713.674.9400
Fax: 713.673.3226
qwphillips117@aol.com
Four Seasons Development
5825 W. Sam Houston Pkwy N.
Houston, TX 77041
Lone Star Road Construction, Ltd.
10333 Windfern
Houston, TX 77064
Attn: Brandon Schweitzer
Mar-Con Services, L.L.C.
P.O. Box 837
Deer Park, Texas 77536
Slack & Co. Contracting, Inc.
10622 South Main St
Houston, TX 77025
Attn: Jim Slack
D. L. Meacham L.P.
2102 Haskins
Houston, TX 77080
DivisionOne Construction
2855 Mangum Rd., Suite B-105
Houston, TX 77092-7463
Attn: Michael Todd Callaway
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: June 14,2010
Appropriation
Requested By:
Stephen L. Barr
Source of Funds:
N/A
Department:
Parks & Recreation
Accn't Number:
Report: ~Resolution: _Ordinance: _
Amount Budgeted:
Exhibits:
Amended Contract for LPBBA
Amount Requested:
Exhibits:
Budgeted Item:
YES
NO
Exhibits:
SUMMARY & RECOMMENDATION
On the May 17th City Council meeting, the Council reviewed the proposed draft amended agreement
with the La Porte Boy's Baseball Association as it relates to the new facilities at Pecan Park, and the old
remaining facilities at Fairmont Park.
After review there were no changes suggested and the agreement IS now brought forward for
consideration and approval by the Council.
Action Required bv Council:
Consider approval of the Amended Agreement between the City of La Porte and the La Porte Boy's
I Association Regarding the Use of Designated Youth Baseball Facilities.
WtO
Date
AMENDED AGREEMENT BETWEEN THE CITY OF LA PORTE
AND THE LA PORTE BOY'S BASEBALL ASSOCIATION
REGARDING THE USE OF DESIGNATED YOUTH BASEBALL FACILITIES
BECAUSE, the City of La Porte (the "City') is the owner and operator of
various youth baseball facilities as part of the parks and recreational facilities of the
community; and
Because, the La Porte Boy's Baseball Association (the "Association") has
provided the organization of youth baseball teams, conducted instructional league and
tournament play for the youth of La Porte for many years, and has contributed funds in
past years, which funds have been matched by the City, toward the construction of various
amenities and facilities at the various youth baseball facilities owned by the City; and
Because, the City wishes to recognize and commend the Association for its
contributions to youth recreation and health in the community, its support, and funding that
has been provided by the Association;
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in
consideration of the mutual covenants, agreements and benefits to both parties, it is
agreed as follows:
I.
The City will provide limited use of the youth baseball facilities as described in "Exhibit A"
which is attached and herein as if set out herein verbatim, and included as a part of this
Agreement, to the Association for conduct of its league games, practice games,
league/team practices, tournament games, and league playoff games from the first week in
February through the last weekend in December for each year that this Agreement is in
effect. Use is limited to Monday through Sunday, from 7:00am until 11 :OOpm each day for
Pecan Park, and 7:00am until 9:00pm for practice at Fairmont Park. The Association shall
have exclusive right and responsibility for scheduling, organizing and conducting youth
baseball league games, practice games, league/team practices, tournament games, and
league playoff games at the youth baseball facilities listed in Exhibit A. The City reserves
the right to close the fields for field maintenance purposes, for inclement weather, or other
reasonable cause. The fields at Fairmont Park are now designated primarily for practice
use. Any scheduled tournament games to be held at Fairmont Park will require the written
permission of the Director of Parks & Recreation or his/her designee, and such approval
shall not be unreasonably withheld. The Association will schedule no more than four
tournaments annually that utilize the practice fields at Fairmont Park. No tournament
games at Fairmont Park may be scheduled to begin after 8:00pm.
Page 1 of 8
II.
The City will assume limited responsibility for maintenance of all structures located on City
property at Pecan Park and Fairmont Park as set forth in this Agreement. Except for
routine marking, dragging, watering and other field preparation as set out herein, the City
will assume responsibility for maintenance and repair of fencing, parking lots, sidewalks,
turf areas, and major field maintenance at the youth baseball facilities listed in Exhibit A.
The Association will be responsible for routine marking, dragging, and other field
preparation as necessary, of the youth baseball facilities as listed in Exhibit A. The City will
manage all operations related to facility and grounds maintenance at the baseball facilities
designated in Exhibit A.
The City has also provided an open air pavilion containing restroom, storage, and
concession facilities, a maintenance storage area, a satellite storage building, and two
batting cages at Pecan Park, as listed in Exhibit A. The open air pavilion containing
restroom, storage, and concession facilities, the Maintenance facility for City use with
designated storage area for the Association, the satellite storage building, and any
permanent attachments to said facilities, are the property of the City. The concession
facility at Fairmont Park will no longer be in operation as a full-time concession booth. It will
be available for tournament or practice use by the Association for portable food and drink
service only. Except as set out herein in Paragraph 3 below, the City agrees to maintain
utility service to the concession/restroom, and storage structure's various components
including, electrical, plumbing, roofing, and other systems that contribute to their safe and
efficient operation. The restroom portion of the facility is a shared facility for various uses at
Pecan Park and Fairmont Park and is the property of the City. The City will provide daily
weekday custodial services for the restroom facility and provide necessary supplies for the
restroom facility. Unless specifically marked, parking spaces at Pecan and Fairmont Parks
are not reserved and are available on a first-come, first-served basis.
III.
The Association agrees to operate the concession facility exclusively and to provide
materials, equipment, supplies, and personnel necessary for operation. Further, the
Association is responsible for furnishing equipment for the batting cages and concession
stands at the youth baseball facilities, including but not limited to the following: pitching
machines, microwaves, refrigerators, ice machines, freezers, air conditioners and all other
electrical appliances. The Association is responsible for maintenance of all furnished
equipment in the concession stand and batting cages and W-Ff-maintenance inside and
around the batting cages. The Association agrees to clean the restroom facilities at its
expense, in addition to the City's regular cleaning schedule on an as needed basis, during
the Association's use of the facilities particularly including tournament use, to assure that
the restrooms are clean and operable. The Association agrees to clean the concession
portion of the facility at its expense. All revenues produced by batting cages and
concession operations shall belong to the Association. The Association is responsible for
Page 2 of 8
meeting all applicable laws, ordinances, and codes regarding the following: sales tax,
safety, and any other issue relative to concession operations, batting cage operations, and
conduct of all its activities at the youth baseball facilities. Alcoholic beverage use, sales, or
possession is prohibited by Ordinance at youth baseball facilities located on City property.
IV.
The Association is granted the right to solicit advertising boards for the outfield fencing at
the ten baseball fields at Pecan Park. Per the architect's recommendation, signs placed on
the fencing are limited to no larger than one fence panel in length (10 feet), and no more
than five signs per field. The City reserves the right to review and approve potential
advertisers and sign content prior to installation. All revenues generated by the advertising
boards shall be the property of the Association.
V.
Batting cages shall not be open for use by the general public by the association under any
circumstances, unless the City gives its prior written permission, which permission shall not
be unreasonably withheld. In any event, if the Association receives permission to open said
batting cages to the public, such use shall be under the strict supervision of the
Association. All provisions herein relating to insurance and indemnity to the City by the
Association shall be applicable. Use of other baseball facilities by the public will be limited
to the following conditions: (a) During the period not covered by this Agreement, the public
shall have the right to use the various youth baseball facilities for pickup games at any time
during park operating hours, except when the City is conducting maintenance or
construction at the various facilities; and (b) During the period covered by this Agreement,
the public shall have the right to play pickup youth baseball or other field sports games at
the youth baseball facilities listed in Exhibit A, at any time during park operating hours
when no practice game, league game, tournament game, or playoff game is scheduled; or
the fields have not been Specially Prepared for such games (Special Preparation shall
include marking, dragging, watering, painting, or other activity which would be disrupted or
spoiled by indiscriminate use of the facilities by the public).
VI.
The Association shall indemnify and hold harmless the City, its officers, directors, agents,
and employees from and against any and all claims, damages, losses, expenses, and
liabilities, including attorney's fees which may be asserted against or incurred by the City
arising, directly or indirectly, from any activities conducted or services performed by the
Association under this agreement, or from any event occurring on the premises owned by
the City during any period in which activities are being performed, conducted, or sponsored
on the premises by the Association.
Page 3 of 8
VII.
The City shall indemnify and hold harmless the Association, its officers, directors, agents,
and employees from and against any and all claims, damages, losses, expenses, and
liabilities, including attorney's fees which may be asserted against or incurred by the
Association arising, directly or indirectly from any activities conducted or services
performed by the City pursuant to this agreement, or from any event occurring on the
premises owned by the City during any period in which activities are being performed,
conducted, or sponsored on the premises by the City.
VIII.
The Association shall keep and maintain during the term of this agreement, a
comprehensive general liability policy, with the City named as Additional Named Insured,
with limits of liability of not less than One Million Dollars ($1,000,000.00) combined single
limit bodily injury and property damage per occurrence, with a minimum deductible of One
Thousand ($1,000.00) per occurrence. Thirty (30) days prior notice of policy cancellation
shall be provided to the City. Effective policy must not exclude participants in the
Association's scheduled or unscheduled activities at the facilities. Other policy exclusions
are permissible, provided that they do not contradict the terms of this Agreement. The
Association shall furnish the City with a Certificate of Insurance evidencing such
coverage. Such insurance shall include contractual liability insuring the indemnity
agreements contained in this Agreement.
IX.
The Association shall not assign, transfer, convey, sublet or otherwise dispose of the
Agreement, or any part, to any person, partnership, company, corporation, club or
association without prior written consent of the City of La Porte.
X.
This instrument contains the entire Agreement between the parties relating to the rights
granted in the Agreement and the obligations assumed as a part of the Agreement. Any
representations or modifications concerning this Agreement shall have no force or effect
unless modified in writing, and signed by each party to the Agreement.
Xl.
This Agreement shall be in force for a period of five (5) years, beginning with the date of its
execution. At the end of the term of the agreement, both the City and the Association have
the option to continue the agreement for an additional five (5) year term. Such option shall
Page 4 of 8
be executed in writing by the President of the Association and the City Manager or his
designee. Should either party choose not to exercise their option, the agreement shall be
considered to be at an end. During the term of this agreement, the Association and the
City may enter into separate agreements regarding future capital improvement projects or
other boy's baseball facilities that may be contemplated in the City.
XII.
The Association shall maintain a favorable financial position during the term of this
Agreement. The Association will provide an official annual report on the Association's fiscal
condition to the City, comprised of a balance sheet, revenue statement and expense
statement. The City reserves the right to review the internal financial control structure of the
Association and to perform other audit steps as necessary to protect its interests.
XIII.
If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or
clause, of this Agreement shall, for any reason, not be legally or factually valid, such
invalidity shall not affect the remaining portions of this Agreement.
Page 5 of 8
IN TESTIMONY WHEREOF, this instrument has been renewed and executed in duplicate,
each to have the effect of an original as follows:
(A) It has been executed on behalf of the City on the_th day of June, 2010 by
its City Manager and attested by its City Secretary, pursuant to an Ordinance
of the City Council of the City of La Porte, authorizing such execution; and
(B) It has been executed on behalf the Association on the th day
of June, 2010 by its President and attested by its Secretary, pursuant to
authorization from the Board of Directors of th orte Boy's Baseball
Association, authorizing such execution.
CIT
By:
ATTEST:
~d1!eta~
LA PORTE BOY'S BASEBALL
ASSOCIATION /)
By: b~
en Ural, President
ATTEST:
Association Secretary
Page 6 of 8
EXHIBIT "A"
The youth baseball facilities designated herein are located at Fairmont Park, 3544
Farrington Street, and Pecan Park, 3600 Canada Road, in La Porte, Texas, and are
identified as follows:
PECAN PARK FACILITIES
Field #1
is the northernmost baseball field at the park, located on the
northeast corner of the park; bounded on the north by the
Pecan Plantation Mobile Home Park, on the east by Canada
Road, and on the west, by Field #2.
Field #2
is located immediately west of Field #1, east of Field #3, and to
the northeast of the Maintenance Facility.
Field #3
is located immediately west of Field #2, north of Field #4, and to
the northwest of the Maintenance Facility.
Field #4
is located immediately south of Field #3, north of Field #5, and
to the southwest of the Maintenance Facility.
Field #5
is located immediately south of Field #4, north of Field #6, and
directly west of the Pavilion.
Field #6
is located immediately south of Field #5, north of Field #7, and
to the southwest of the Pavilion.
Field #7
is located immediately south of Field #6, directly west of Field
#8, in the southwest corner of the park.
Field #8
is located immediately east of Field #7, and south of Field #9,
and directly west of Canada Road.
Field #9
is located north of Field #8, and southwest of Field #10,
southeast of the Pavilion, and directly west of Canada Road.
Field #10
is located directly east of Canada Road, northeast of Field #9,
and south of Field #1, southeast of the Pavilion, and directly
west of Canada Road.
Pavilion/Concession
/Restrooms
are located northwest of Field #10, southwest of Field #9.
Facility Maintenance
Storage Area
is located southwest of Field #2, southeast of Field #3, and
Page 7 of 8
Satellite Storage
Building
Batting Cages
northeast of Field #4.
is located diagonally between and north of Fields #7 & #8, and
to the southeast of Field #6.
are located directly east of Field #8, directly east of Canada
Road, on the southeast corner of the park.
FAIRMONT PARK PRACTICE FACILITIES
Field #1
Field #2
Field #3
Field #4
Concession/Restroom
Building
Storage Area
is the southernmost baseball field at the park, located on the
southwest corner of the park; bounded on the west by Harris
County Flood Control District ditch; on the south by the vehicle
parking lot off Farrington; on the east by Field #2; and on the
north by Field #3.
is located immediately east of Field #1, and southeast of the
Concession/Restroom building.
is located immediately north of Field #1, and northwest of the
Concession/Restroom building.
is located immediately east of Field #3, and northeast of the
Concession/Restroom building.
is located in the center of the cloverleaf formed by Fields #1 -4.
is located east of the Concession/Restroom building, outside
the cloverleaf formed by Fields #1-4.
Page 8 of 8
I
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: June 14.2010
Aoorooriation
Requested By: .John .Joems
Source of Funds: N/ A
Department: City Manager
Account Number: N/A
Report:
Resolution:
Ordinance:
x
Amount Budgeted: N/ A
Exhibits:
Ordinance
Amount Requested: NIl\.
Exhibits:
Ag:reement for Assig:nment
Budgeted Item:
N/A
Exhibits
Map of Drainage Easement
SUMMARY & RECOMMENDATION
The City secured both the road right-of-way and the East-West drainage easement as part of the
Agreement with Harris County to joint venture the construction of Bay Area Boulevard between
Fairmont Parkway and West Main (Spencer Highway).
Harris County has recently requested that the City formally assign the East-West drainage
easement to Harris County Flood Control District for maintenance of the channel. The term of
the assignment is perpetual.
Knox Askins has prepared and approved the assignment document based on conversation and
input from Harris County row division.
Action Reauired bv Council:
Approve ordinance authorizing assignment of City of La Porte drainage easement to Harris
Co od Control District.
dA/~
Date
ORDINANCB NO. 2010~ 3~5?
AN ORDINANCE APPROVING AND AUTHORIZING AN AGRBBMBNT POR AND AN
ASSIGNlIBBT AND COHVBYANCB WITHOUT WARRANTY 01' PPG INJ>USTRIBS, mc.
DRA:INAGB BASBIIBNT, PROM TBB CITY 01' LA PORTB '1'0 TBB HARRIS COUNTY
I'LOOD CONTROL DISTRICT, IIAlCING VARIOUS I'IHDINGS AND PROVISIONS
RBLATING TO THB SUBJBCT, I'INJ>ING COMPL:IARCB WITH THB OPEN MBBT:IHGS
LAW, AND PROVIDING AN BJi'I'BCt':IVB DATB BBRKOF.
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 14th day of June, 2010.
ATTEST:
1!ldl1fi#- fl. Idtdt
M r a A. Gillett
city Secretary
APP~ it! ~
Knox W. Askins
City Attorney
By:
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Date:
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07/21/2010 -RP3 $0.00
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AGREEMENT FORAND AN ASSIGNMENT AND CONVEYANCE
WITHOUT WARRANTY OF EASEMENT
(WITH PROVISION FOR UMITED MAINTENANCE)
HCFCD UNITS Al04-07~Ol, TRACf 01-001.0
June 14, 2010
CITY OF LA PORTE,
A Municipal Corporation
Assi~or.s Address: 604 West Fairmont Parkway
La Porte. Texas 77571
Assignor:
Assignee:
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HARRis COUNTY FLOOD CONTROL DISTRICT,
A body corporate and politic of the State of Texas
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Assi~ee's Addre~s: 9900 Northwest Freeway
Houston, Texas 77092
Prooertv:
that interest in land located in Harris County, Texas, being identified as the
drainage easement more particularly described as follows:
Drainage Easement, dated May 11. 2004, from PPG Jndustries, Inc.. a
Pennsylvania corporation, to the City of La Porte, a Municipal
COlporation. and recorded under Hanis County Clerk.s File No.
X626687, Film Code No. 586-29-1858 of the Real Property Records of
Harris County, Texas;
(reference being made to such easement for a more particular description
of those lands covered and embraced thereby).
Term: Perpetual
Consideration: The agreement by the Assignee to provide, without reimbursement,
certain services for the benefit of the Assignor, being the maintenance, use, and operation of the
flood control or drainage facilities and improvements located on the easement identified above
as the "Property," which the Assignee, to the extent, and in a like manner, as for other like or
HOLD FOR HARRIS COUNTY ROW--:S~ //
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similar facilities maintained~ used, or operated by the Assignee, shall otherwise perform in such
easement and assigned hereby, subject to availability and certification of funds, to the extent
such maintenance. use, and operation shall also benefit the interest in such easement. and the
facilities and improvements located thereon, including the outfall ditch.
Reservations from Conveyance: None
Exceptions to Conveyance: All valid and subsisting covenants, restrictions.
reservations, exceptions. rights-of-way, and easements of record in the Official Public Records
of Real Property of Harris County, Texas, including aU building and zoning ordinances, all laws,
regulations, and restrictions by municipal or other government authority. but only to the extent
the same are valid. applicable to, and enforceable against the Assignee.
RECITALS:
WHEREAS, Assignor has acquired an interest in land in the form of the easement
referenced above as the Property; and
WHEREAS, the instnunent by which such easement was acquired by Assignor provides
that such easement may be used for drainage purposes; and
WHEREAS, Assignor is presently using such easement for the pwpose of operating and
maintaining a drainage facility, together with related improvements; and
WHEREAS, such outfall ditch as used and maintained by Assignor provides area~wide
drainage and flood control; and
WHEREAS. the Assignee is authorized by law to perform the function of flood control
and drainage as to those lands included within and embraced by the boundaries of Assignor, and
in the discharge of such function may maintain, operate. and use those facilities which provide
area-wide drainage and flood control such as the detention pond maintained, used, and operated,
by Assignor pursuant to that easement identified above as the "Property;" and
WHEREAS, the Assignee desires to acquire the easement identified above as the
"Property," and related facilities and improvements. located thereon; and
WHEREAS, the acquisition of the easement would pennit the integration of the facilities
into tl1e Assignee's system of maintenance and, as such, would allow the Assignee to use the
same equipment and personnel already dedicated to the maintenance of the Assignee's other
facilities in the area. realizing certain economies and efficiencies not otherwise available. and
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WHEREAS, the economies and efficiencies realized as a consequence of the assumption
of the maintenance function as to the facilities by the Assignee. together with the Assignee's
special expertise regarding such matters, will enable the Assignee to better perform the function
of flood control and drainage as to those lands located within the area of the easement identified
above as the "Property:' benefiting those members of the public who reside and work. therc~
and a<ljacent thereto, and. as such, will serve a publio purpose; and
WHEREAS. Assignor desires to assign the easement, referenced above as the 'Property,"
in considccation for the agreement by the Assignee to provide certain services for the benefit of
the Assignor, being the maintenance, use, and operation of the flood control and drainage
facilities and improvements located on the easement identified above as the "Property," which
the Assignee, to the extent, and in a like manner, as for other like or similar facilities maintained,
used, and operated by the Assignee, shall otherwise perform as to such easement, and assigned
hereby, to the extent such maintenance, use, and operation shall also benefit and improve the
interest in such easement. and the facilities and improvements located thereon~ with no right on
the part of the Assignee to receive reimbursement of any kind, monetary or otherwise, for the
cost of such maintenance, use, and operation whieh might otherwise be attributable to the
easement, and the facilities and improvements located thereonj and
WHEREAS, the maintenance, use, and operation of the flood control and drainage
facilities located on the easement identified above as the "Property," which shall be perfonned
by Assignee upon the terms and conditions provided for herein, and the facilities and
improvements located thereon, including the outfall ditch, and to the extent that such
maintenance, use and operation is- recognized as being necessary and useful in the efforts by
Assignor to provide drainage and flood control for its roads and other infrastructure, shall
constitute a county purpose.
NOW THEREFORE, for the consideration recited above, it is agreed by and between the
Assignor and the Assignee, that Assignor shall grant, assign, lease. and convey to Assignee, and
Assignor does, by these presents, hereby assign, grant, lease, and convey to the Assignee, the
Property, and the improvements located thereon, together with all and singular the rights and
appurtenances belonging thereto.
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Notwithstanding anything contained herein to the contrary, Assignor and Assignee agree
to the following. to wit:
1) such maintenance, use, and operation as may be perfonned hereunder by
Assignee shall be perfonned only to the same extent, and in a like manner, as for other like or
similar facilities maintained, used, and operated by the Assignee; and
2) the Assignee shall have during the term hereof, and not longer, a right of entry
over and across such other lands of Assignor, as may be aQiacent to the Property, for the purpose
of accessing the Property, except tbat in the use of such right of entry, Assignee shall not
unreasonably interfere with the use being made of the land by Assignor; and
3) from time to time, and at any time. Assignor may enter upon the Property for the
purpose of inspecting. maintaining, and operating, as to its interest in the Property. the facilities
IlJId improvements located thereon, including the outfall ditch, except that such entry shall not be
made in a manner that unreasonably interferes with the use of the Property being made by
Assignee. and
4} the Assignor shall make available to Assignee such alignment maps, drawings,
and other materials in its possession that relate to the facilities ~d improvements located on the
Property; and
S) no reimbursement, in whole, or in part. shall be made, monetary or otherwise, to
Assignee for that share of the total cost of such maintenance, use, and operation which may
otherwise be attributable to the interest in the easement, and the facilities and improvements
located thereon.
To havo and hold, subject to the exceptions to conveyance herein made, the Property, and
the improvements located thereon, together with all and singular the rights and appurtenances
belonging thereto, without express or implied warranty. All warranties that might arise by
common law as well as the warranties in Section S.023of the Texas Property Code (or its
successor) are excluded.
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Jll<<OIl1ed by ~ UIJdaSigoe<\ padies to be e~ve" of ~ date set fotlh abOve.
A'l'TES'f:
MARTHA A. GILLB'l'T, City secretarY
APPROVED AS TO FORM:
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KNOX w. ASKINS~ City Attorney
ASSIGNEE:
flARRlS ;?;yP' FLOOD CONTROL DlSnuCI
BY:_ZA."". ~ -
ED BMMETT, Count)' Judge
5
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ACKNOWLEDGEMENTS
STATE OF TEXAS ~
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COUNTY OF HARRIS ~
This instrument was acknowledged before me 0
RON BOTIOMS, City Manager of the City of La Porte,
the City of La Porte.
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.."..... ,^'ONNE GARRISON
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i "..rr..'#.." October 28, 2013
STATE OF TEXAS ~
~
COUNTY OF HARRIS ~
This instrument was acknowledged before me on ~ '.J 2010 by
.ED EMMETI'. County Judge of Hams County and the presidin officer oIthe Commissioners
Court ofHanis County, Texas, on behalf of the Commissioners Court of Harris County, Texas,
as the governing body of the Hanis County Flood Control District.
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fiOlBlI'(EUAi('f=~lL~!!Ilt.OlI.W('fllEIQ:IIlSlM
THE STAl'fOF TEXA8 ........-ltfalCi.lIEaraw.UIl
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RECORDER'S MEMORANDUM:
It the lfme ri recordation, this Instrument wag found
to be Inadequate for the best' photographIc
reproductlon because of lIIegiblllty, carbon or phDto
copy, dl~ore<l paper, etc. All blackouts, addltlom
and changes were present at the time the InslnJrnlr
-"l$ filed and reccrded.
6
JUL 21 2010
~~~/
COUNTY CLERK
tlARRlSCOUNTY. TEXAS
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7/8
---------------
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: June 14.2010
Appropriation
Requested By: Tim Tietiens
Source of Funds:
N/A
Department: Plan nine:
Account Number:
N/A
Report: _Resolution: _Ordinance: -K-
Amount Budgeted:
N/A
Exhibits:
Amount Requested:
Ordinance (showing changes)
Ordinance
MSD Map
Public Notice Response
Budgeted Item:
N/A
N/A
SUMMARY & RECOMMENDATION
On April 26, 2010, City Council held a public hearing to consider amending the sign ordinance for the Main Street
District and Overlay. The Council voted to continue the public hearing and any action until their first meeting in June. The
intent was to provide an additional opportunity for the business owners in the Main Street District/ Overlay to participate
in the planning process.
A town hall meeting was held on May 19,2010, at the Old City Hall. Staff answered questions by participants regarding
possible changes to the sign ordinance related to on and off-premise signs within the Main Street District/Overlay.
Objectives of the proposed ordinance are as follows:
1) Allow a business in the Main Street District with an existing, non-conforming, freestanding, on-premises sign the
additional option of replacement as a monument sign up to 8 feet in height. The option to use a building mounted sign
would persist.
2) Allow any business fronting Main Street within the Main Street Overlay an additional option of placing a small
hanging sign which projects a maximum of four feet from the face of the building into the pedestrian corridor within the
Main Street right of way. The sign would be allowed to be 16 square feet in size, with a bottom clearance between seven
and eight feet above grade. A license agreement to address maintenance issue in right of way would also be a component
of the ordinance.
The Planning and Zoning Commission, at their March 24, 2010, meeting, held a public hearing to receive citizen
comments regarding on and off-premise signs in the Main Street District and Overlay. As required by ordinance, notices
of public hearing were mailed to business/property owners within 200' of the Main Street District. The Planning and
Zoning Commission, by majority vote, forwards the proposal to City Council for action.
Action Required bv Council:
Continue public hearing.
ider taking action on recommendation by P&Z on proposed amendments related to on and off-premise signs
withi the Main Street District/Overlay.
JJq l~
Date
/!eJu {II 't'tL cJo
fbnniAj l~tJ/~
D i 0 PDT v /)/f'55
AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE corm- OF
ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE VII. "SIGNS"
SECTION 106-874 "ON-PREMISE SIGNS", TO ALLOW INSTALLATION OF ON-
PREMISE MONUMENT OR GROUND SIGNS FOR BUSINESSES THAT HAVE A
CURRENT ON-PREMISE, FREESTANDING SIGN IN THE MAIN STREET DISTRICT
AND OVERLAY; AND BY AMENDING SECTION 106-875"OFF-PREMISES SIGNS",
REGARDING STANDARDS FOR OFF-PREMISES SIGNS WITHIN THE RIGHT-OF-WAY
OF WEST MAIN STREET PORTION OF THE MAIN STREET OVERLAY; PROVIDING A
REPEALING CLAUSE; CONTAINING A SEVERABILITY 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 ($2,000); PROVIDING FOR THE PUBLICATION
OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF.
ORDINANCE NO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: That Chapter 106, "Zoning," Article VII. "Signs" Section 106-874 "On-premises
signs," of the Code of Ordinances, La Porte, Texas, subsection "a", Freestanding on-premises
signs", is hereby amended by adding new paragraph "5", which shall be added in proper
numerical sequence and shall read as follows:
(5) MS Overlav and District
a. Replacement shall only be allowed for businesses that have a pre-existing. non-
conforming free-standing on-premise sign.
b. The replacement sign shall be a monument or ground sign that does not exceed eight
feet (8') in height from the ground to the top of the sign. (Note: In accordance with
Section 106-878(b)(2). sign not exceeding 8' in height do not have to be engineered.)
c. A City permit shall be required prior to any replacement.
d. Replacement authorization shall require the property owner/tenant to eliminate any
sign/visibility non-conformities that may currently exist with their free-standing sign.
e. A City approved sign design and replacement may be eligible for City participation
under the Main Street Incentive Reimbursement Grant Funds."
Section 2: That Chapter 106, "Zoning," Article VII. "Signs" Section 106-875 "Off-premises
signs," subsection "c", of the Code of Ordinances, La Porte, Texas, is hereby amended to read as
follows:
(c) L^...ll off premises signs shall be constructed '.'lith a single steel support pole.
"(c) Off-premises signs within the right-of-way may be attached to the face ofthe building in
the West Main Street portion of Main Street Overlay as follows:
1. Minimum seven (7) foot clearance with maximum eight (8) feet clearance (grade to bottom of
Wl1
2. Maximum four (4) foot encroachment/proiection into the right-of-way.
3. Maximum sign face of sixteen (16) square feet.
4. Maximum of one (1) sign per business allowed.
5. Completed Right-of-Way License Agreement with the City."
Section 3: 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 4: 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 5. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any
provision of this ordinance as codified in the Code of Ordinances herein, shall be deemed guilty
of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO
THOUSAND DOLLARS ($2000.00).
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 Chapter 551, Tx. Gov't Code; and that this meeting has
been open to the public as required by law at all times during which this ordinance and the
subject matter thereof has been discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents and posting thereof.
Section 7. 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 once 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.
2
PASSED AND APPROVED this the
day of
,2010.
CITY OF LA PORTE
By:
Mayor
ATTEST:
City Secretary
APPROVED:
Assistant City Attorney
3
ORDINANCE NO.
3;)4/
AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE VII. "SIGNS"
SECTION 106-874 "ON-PREMISE SIGNS", TO ALLOW INSTALLATION OF ON-
PREMISE MONUMENT OR GROUND SIGNS FOR BUSINESSES THAT HAVE A
CURRENT ON-PREMISE, FREESTANDING SIGN IN THE MAIN STREET DISTRICT
AND OVERLAY; AND BY AMENDING SECTION 106-875"OFF-PREMISES SIGNS",
REGARDING STANDARDS FOR OFF-PREMISES SIGNS WITHIN THE RIGHT-OF-WAY
OF WEST MAIN STREET PORTION OF THE MAIN STREET OVERLAY; PROVIDING A
REPEALING CLAUSE; CONTAINING A SEVERABILITY 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 ($2,000); 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: That Chapter 106, "Zoning," Article VII. "Signs" Section 106-874 "On-premises
signs," of the Code of Ordinances, La Porte, Texas, subsection "a", Freestanding on-premises
signs", is hereby amended by adding new paragraph "5", which shall be added in proper
numerical sequence and shall read as follows:
(5) MS Overlay and District
a. Replacement shall only be allowed for businesses that have a pre-existing, non-
conforming free-standing on-premise sign.
b. The replacement sign shall be a monument or ground sign that does not exceed eight
feet (8') in height from the ground to the top of the sign. (Note: In accordance with
Section 106-878(b)(2), sign not exceeding 8' in height do not have to be engineered.)
c. A City permit shall be required prior to any replacement.
d. Replacement authorization shall require the property owner/tenant to eliminate any
sign/visibility non-conformities that may currently exist with their free-standing sign.
e. A City approved sign design and replacement may be eligible for City participation
under the Main Street Incentive Reimbursement Grant Funds."
Section 2: That Chapter 106, "Zoning," Article VII. "Signs" Section 106-875 "Off-premises
signs," subsection "c", of the Code of Ordinances, La Porte, Texas, is hereby amended to read as
follows:
"(c) Off-premises signs within the right-of-way may be attached to the face of the building in
the West Main Street portion of Main Street Overlay as follows:
1. Minimum seven (7) foot clearance with maximum eight (8) feet clearance (grade to bottom of
sign).
2. Maximum four (4) foot encroachment/projection into the right-of-way.
3. Maximum sign face of sixteen (16) square feet.
4. Maximum of one (1) sign per business allowed.
5. Completed Right-of-Way License Agreement with the City."
Section 3: 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 4: 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 5. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any
provision of this ordinance as codified in the Code of Ordinances herein, shall be deemed guilty
of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO
THOUSAND DOLLARS ($2000.00).
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 Chapter 551, Tx. Gov't Code; and that this meeting has
been open to the public as required by law at all times during which this ordinance and the
subject matter thereof has been discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents and posting thereof.
Section 7. 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 once 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.
2
PASSED AND APPROVED this the day of
CITY OF LA PORTE
,2010.
By:
Mayor
ATTEST:
City Secretary
APPROVED:
Assistant City Attorney
3
A Meeting of the La Porte
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I'. ".\' MAH 08 2010 J;
UL L/!
IBy ....~---.....,.._.._, {
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PJannin~ & Zoning Commission
(Type of Meeting)
Scheduled for
Match 24, 2010
(Date of Meeting)
to Consider
On-premise Signs and Off~Pdmise Si21ls within MainSfreet District/Ovedav
(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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I am OPPOSED to granting this request for the following reasons:
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Signature
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Address
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City, State, Zip
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9
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: June 14,2010
Appropriation
Requested By: Ron Bottoms
Source of Funds:
Depal1ment: Adminstration
Acc't Number:
Report: _Resolution: _Ordinance:--2L
Amount Budgeted:
Exhibits:
Alternate Mayor Pro- Tem ordinance
Amount Requested:
Exhibits:
Budgeted Item:
YES
NO
Exhibits:
SUMMARY & RECOMMENDATION
Attached is an ordinance for your consideration that implements an appointment of an alternate
Mayor Pro- Tem, primarily for emergency situations. The Council procedures policy already has a
provision for naming a person to run the meetings if the Mayor and Mayor Pro-Tem are not
available.
Action Reauired bv Council:
Council discuss the need for an alternate Mayor Pro- Tem.
&/'5JD
Date
Ron Bottoms, City Manager
ORDINARCa NO. 2010-
3;)51
AN OaDIRARC. APPOINT IRQ A ...... or TH. CITY COUNCIL TO S.RVB AS
ALT.RHATB KAYOR PRO~TBM or T.B CITY or LA PORT., rOR TH. '.RIOD
J'UBB 15, 2010, THllOUGH TH. DAT. TB. NnLY aLBCTBD IlAYOR TH.S TB.
OATH 01' OI'I'IC., I'IlIDIRQ COKPLIARCB WITH THB O'B. DBTIRGS LAW,
PROVIDING AN BI'I'BCTIVB DATB BBRBOI'.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Seotion 1. The City Council of the City of La Porte hereby
appoints LCJ/Jj.5 ~~ to serve as Alternate Mayor Pro-Tem
of the City of La Porte, for the period June 15, 2010, through the
date the newly elected Mayor takes the oath of office.
Section 2. The Alternate Mayor Pro-Tern shall serve in such
office during said term, during the absence or incapacity of the
Mayor Pro-Tern and shall do all things, perform all duties, and in
fact have all the powers and duties of the Mayor of the city of La
Porte during such absence or incapacity of the Mayor Pro-Tern.
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 t. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
ORDIBABCB BO. 2010-
PASSED AND APPROVED, this 14th day of June, 2010.
ATTEST:
'1!LtJUk &u
Mar na A. GI lett
City Secretary
APP~~ ~
Knox W. Askins
City Attorney
CITY OF LA PORTE
BY'~
~ e nard
May Pro-Tern
PAGB 2
11
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: June 14.2010
Aoorooriation
Requested By: .lohn .loern!\1
Source of Funds: N/ A
Department: City Mauger
Account Number: N/A
Report:
Resolution:
Ordinance:
Amount Budgeted: N/ A
Ordinance
Amount Requested: N'"
Exhibits:
Exhibits:
Drawine: Deoictine: Covenants
Budgeted Item:
N/A
vs. "in-city" Requirements
SUMMARY & RECOMMENDATION
After approval of proposed covenants/ restrictions, the City together with Cushman-Wakefield
will have assembled the documents and marketing information to be utilized in advertising the
sale of the 81 Acres. The City has previously retained Cushman/Wakefield to market the
property and provide for a sealed bid process. This action will formally authorize the marketing
and proposed sale of the 81 Acre tract located on Bay Area Boulevard. Council will have final
authority to approve the sale of the 81 Acres upon receipt and review of the sealed bids.
The attached drawings depict the proposed covenants related to open storage of shipping
containers and a 15 ft. permanent landscape easement compared to a similar "inside city"
situation. As discussed at the retreat we attempted to keep it simple and minimal.
Action Reauired bv Council:
ordinance authorizing proposed sale of 81 Acre Tract located on Bay Area Boulevard and
g certain restrictive covenants.
Date &/9/0
ORDINANCB NO. 2010-
3;;SS
AN ORD:rNANCB AUTHORIZING THE SALB 01' AN 81 ACRB TRACT 01' LAND OWNBD
BY THE CITY 01' LA PORTB ON BAY ARBA BOULBVARD, APPROVDIG DBBD
COVBNABTS, KAlCING VARIOUS I'IRDINGS MID PROVISIONS RELATING TO THB
SUBJBCT, I'IRDING COMPLIANCB WITH THE OPBB DBTINGS LAW, AND
PROVIDING AN BI'I'BCTIVB DATB HBRBOI'.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City of La Porte is the owner of an 81 acre
tract of land on Bay Area Boulevard. The City Council of the City
of La Porte hereby finds, determines, and declares, that the City
of La Porte has no present or contemplated future need for said 81
acre tract of land.
Section 2. The City Council of the City of La Porte hereby
authorizes the sale of said 81 acre tract of land on sealed bids.
Upon the sale of property, the deed conveying the property to the
purchaser, shall contain the following restrictive covenants, to-
wit:
"COVENANTS: Grantee joins in the execution of this Special
Warranty Deed, to evidence its agreement to the following
covenants, which shall be considered covenants running with
the land:
1. No portion of the Property shall be used for the
incineration or disposal of hazardous waste, or for
storage, processing, incineration or disposal of radio-
active waste, or medical waste.
2. In the event that any portion of the Property is used for
open storage of shipping containers, the shipping
containers shall be stacked not to exceed four (4)
containers in height. Minimum setback for open storage
of shipping containers, shall be fifty feet (50') on Bay
Area Boulevard; twenty-five feet (25') from the rear
property line; and twenty-five feet (25') feet from each
side property line. Until development of fixed and
permanent structure (s) existing vegetation in the setback
areas shall remain in place.
3. There shall be a permanent fifteen foot (15') landscape
setback contiguous to Bay Area BOUlevard which, upon
development of fixed and permanent structure(s) shall be
landscaped by one of the following techniques:
a) Leave in place existing trees and vegetation to
provide a thorough and effective landscape.
b) Develop and install a landscaping plan that
includes a combination of trees, shrubs, grass and
ground cover.
For items a and b above, the actual length of required
landscaping along the right-of-way of Bay Area Boulevard
will be equal to the length of the new development that
is parallel to the roadway.
In all cases the 15' strip along the entire right-of-way
of Bay Area Boulevard, shall be dedicated as a landscape
easement and shall be kept free from any improvements
except for approved driveway access and identification
signs."
Section 3. The city Council officially flnds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The city Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 4. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 14th day of June, 2010.
By:
PrO-Tern
2
ATTEST:
':JIte!tif1t
City Secretary
APPROVED:
~t:J
Knox W. Askins
City Attorney
3
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EDGE OF' ROAD
OPEN STORAGE OF CONTAINERS
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HI 7t':ltrr1F- IN CllV I
1. STl\Cl(JtoIG OF CONTAINERS TO BE NO
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2. IN1lAI. ROW TO BE NO I.lORE lliAN
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.. 3. SUCCESSl'tE ROllS TO 1Ncm:ASE BY I!!
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., 3. REQUIRE!) 15' L.ANIlSCAPE EASEJ.tENT .,
I ~ ALONG BAY AREA BLVD. WrlEN DE'tEI.OPED. ; I
V> 4. PRIOR TO DE'tEI.OPlIENT 'THE NA'TIJRAL ill
I ~ 'tEGET"TION TO REIolAIN N SETBACKS. ~ I
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15
CITY COUNCIL DRAINAGE REPORT
June 14,2010
Klotz Design and Contract Construction
· Design of Sheet Flow Relief Structure Improvements to Creekmont. Fairmont
Park West. Brookglen and Fairmont Park East. Bids will open on June 17,2010.
Expect to award bids at July 1 th meeting. Estimated construction cost is
$850,000. Final easement in Creekmont obtained. Construction notices have
been sent to affected property owners.
· Drainage Study of Brookglen. Consultant is continuing design work for three (3)
proposed detention facilities. One facility will be placed on hold, after design, to
await completion of current and proposed buyouts. Two facilities will be bid
upon completion of design.
The City Engineer is working on the FEMA Community Rating System (CRS)
program. Once all buyouts in the area have been completed, the city will submit
an application to lower the city's CRS rating, which could result in lower flood
insurance premiums for residents.
· Fairmont Park East - Fleetwood Drive. Design is 90% complete. Project
Manual is 70% complete. Meeting scheduled for June 8th to review design and
90% cost estimate. Fee purchase of sheet flow outlet completed. Expect to have
final design completed in August.
In-House Design and Construction of City-initiated Proiects.
· South La Porte Bay Outfalls. Oakhurst - Tentative schedule for bidding IS
August, subject to funding by the state.
· F-216 Regional Detention Proiect. Clearing of F-216 regional detention is still
approximately 60% complete. TxDOT has advised that the fill from this Project
is not meeting specification for use in the Wharton Weems Overpass Project. At
this time, excavation has been halted until TxDOT determines if the fill can
continue to be used. Corps of Engineers permit is being drafted - receipt is
expected soon.
· City- Wide De-silting of Major Channels - Staff has identified several major
channels not currently maintained by flood Control for possible de-silting. These
include B106-05, Arizona from E Street to Park, South 3rd Street from Fairmont
Parkway to the WWTP and several side channels off South 8th. Survey is 80%
complete. Design of improvements is underway. Expect to bid in July.
· Coordination with Harris County Flood Control District. - HCFCD has awarded
the F101 de-silting contract from the Exxon pipeline corridor to Lomax School
Road. Still awaiting mobilization.
In-House Drainage Maintenance Activities.
· Bay Colony. Maintenance cleaning of Bay Colony Drive and all side streets' is
complete. The new underground system on the north side of Bay Colony Drive is
complete. Minor cleanup and replacement of six driveways is expected to be
completed second week of June.
· North and South Shady Lane. City has received the signed easement for North
Shady Lane. Quotes are being solicited for construction - material has been
ordered and received. Expect to complete construction by next month.
Survey and design is complete to provide sheet flow in lieu of underground
drainage on Broadway and Sunrise into the Bayport Channel. After review and
approval by the POH, this project will be bid.
· In-Fill Drainage. Cleaned ditches in various areas of the city. Currently
concentrating in the area on South 7th and South 8th. This area will be completed
within the next month. Crews also addressed several isolated problems in the
Spenwick area. Additional work will resume in Spenwick after completion of
South 8th Street.
Civil Concepts, a survey firm, has been contracted to perform elevation and
topographical survey of South 8th Street, East Main and North and South 16th
Streets. Data from this survey will be used to design improvements for
presentation to Harris County Precinct 2 for consideration.
· Total Drainage Maintenance Completed This Period
o Cleaning of Ditches
o Cleaning of Culverts
o Resetting Culverts
o Rebuilt 2 inlet structures
7,173 LF
224 LF
958 LF