HomeMy WebLinkAbout04-27-1989 Public Hearing and Regular Meeting,;. , ` :
Members Present:
Members Absent:
® MINUTES OF
PLANNING & ZOIJING COMMISSION MEETING
APRIL 27, 1989
Chairman Janet Graves
Lola Phillips, Bobby
Jack Gresham, Charles
Cornmissioners Inge Browder,
Blackwell, Eugene Edmonds,
D. Boyle.
None
City Staff: Assistant City Manager John Joerns, Director of
Community ~ Development Joel A].hrecht, City
Inspector/Code Enforc;emPnt Mark Lewis, Community
Development/Engineering Secretary Nina Browning,
Assistant City Attorney .iohn Armstrong.
Others Present: Mayor Norman t~al.one, Councilman B.Don Skelton,
approximately 70 concerned citizens.
1) CALL TO ORDER
Chairman Janet Graves call.pd the meeting to order at 7:00 Pty.
2) APPROVAL OF t4INUTES OF THE APRIL 13, 1989 P2EETING
A motion was made by Inge Browder and seconded by Charles Boyle to
approve the minutes of the April 13, 1989 meeting as submitted.
All were in favor and vote was unanimous.
3) CALL TO ORDER THE PUBLIC HEARING REGARDING AREAS OF LA PORTE
ANNEXED BY ORDINANCE N0. 1626.
Public HPari.ng was called to order by Chairman Janet Graves at
7;03 PM.
Mrs. Graves turned the meeting over to Mr. Joel Albrecht, Director
of Community Development. Mr. Albrecht summarized the overall.
proposal by staff on the Land Use, Official Parks and Recreational
and the Zoning maps, per the preliminary report regarding
permanent zoning classifications to be assigned to property
annexed inL-o the City of La Porte by Ordinance N~. 1625.
Area I - Comprised of approximately 225 acres. The bulk. of the
area, which is largely undeveloped, lies within an "A" flood
zone. This area is further characterized by the presence of
relatively large single ownership tracts. The following zoning
designations are proposedy (1) mid to high density residential to
be located north of the Shady River Subdivision between Tay1.~r
Bayou and South Broadway, (2) low density resi.denti.al locat-,ed
between Tay.lnr Bayou and Highway 146, (3) commercial located
immediately so~.ath of MaCabe Road between Highway 146 and Taylor
Bayou, (4) commercial/ind~.astri.al located between Highway 146 and
the western city limit 1i.nP.
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Planning &
Minutes of
Page 2 of 6
Zoning Meeting
4-27-89
Area II - This area is primarily comprised of the Shady River
Subdivision. This subdivision is approximately 68X built out,
Also located within this area are an apartment complex and
approximately 14 commercial establishments. The zoning
designations proposed for this area are as follows: (1) low
density residential for the Shady River Subdivision, (2) mid to
high density (R-3) is proposed for the section occupied by the
apartment complex. The R-3 zoning is proposed to track this
complex's property on the north, west and south, To the east the
zoning district will extend across South Broadway to encompass
apartment and townhome complexes located in Area III, (3)
commercial with an overlay of Neighborhood Commercial is proposed
for the property south of the apartment complex, this area is
bounded by the Shady River Subdivision to the west and south and
South Broadway to~the east.
Area III - This area encompasses the Pine Bluff, Bayside Terrace
and Bay Oaks Subdivisions as well as three apartment/townhome
complexes, approximately fourteen commercial establishments and
Bayshore Elemtary school and the private Beacon School. The
zoning proposed for this area is as follows: (1) "R-1" is proposed
for Pine B].uff, (2) the proposed "R-3" discussed in the Area II
will extend eastward across South Broadway to include the
apartment/townhome complexes located between Pine Bluff Road and
the southern boundary of the Bayside Terrace Subdivision, this
zoning classification will render these developments conforming
uses while precluding the possibility of their future expansion,
(3) "R-1" is proposed for both the Bayside Terrace and Bay Oaks
Subdivisions, it is felt that "R-1" zoning with underlying low
density land use will best serve to maintain the character of the
area and will still provide the tools necessary for an upgrading
of this neighborhood's quality, (~4) a small Neighborhood
Commercial zone with an underlying commercial land use designation
is proposed for the area located between the southern boundary of
Bayside Terrace and Bay Oaks Dr,
Area IV - There are two single family subdivisions, a townhome
complex, one small office building and a tract of primarily
undeveloped acreage. This area is located south of the City of
Shoreacres and is completely separated from the rest of the former
BaytfUD area,
The zoning designations proposed for this area are as follows: (1)
"R-1" zoning overlaying a low density residential land use
designation is proposed for the Bay Colony Subdivision, this will
complete a pattern of single family development which begins with
Bayside Terrace to the north, extends through the City of
Shoreacres, and terminates at the Bay Port Turning Basin, (2)
"R-1" zoning is proposed to be maintained in the Shady Oaks
Subdivision,
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Planning & Zoning hieeting
Minutes of 4-27-89
• Page 3 of 6
(3) the portion of Area IV lying between the Bay Colony and Shady
Oaks Subdivision is proposed to be zoned as PUD with an underlying
Land use designation of mid to high density residential. This
tract contains a small townhouse complex located between Bay
Colony and Sunrise Dr, the remainder of the section is located
west of Sunrise Dr.', this western section contains six single
family homes and a small fenced pasture with agricultural
buildings, it is otherwise undeveloped. It is felt that PUD
development controls will best serve the interests of the
surrounding neighborhoods and the City as a whole.
hirs. Graves opened the Public Hearing and called on the citizens that
had signed in to speak to the Commission.
01. Ben Richie - 435 South Shady Lane - against the PUD zoning in Area
IV. Concerned with the flow of traffic if an emergency should
arise and evacuation was necessary.
02. Jim Zoller - 907 Hackberry - one area of concern is the area
directly to the north of Shady River, now designated as "R-2",
they would like to see this changed to an "R-1" zoning, another
area of concern is the area along Hwy. 146 (unsightly looking),
• they would like to see this "R-1" with some Neighborhood
Commercial, maybe by doing this the area would get cleaned up and
upgrade the development along this entrance to the community.
03. Virginia Turner - 3706 Sunrise - against the PUD zoning in Area
IV.
04. George Hritz - 3015 Lazy Pine - propose a change of the area
north of Shady River Subdivision to "R-1".
05. Ken Caffey for Gail Phillips - 1013 N. Amy, Deer Park - property
located at Pine Bluff and Old Hwy. 146, address is 2903 and 2907
Old Hwy. 146 - has been established as commercial since the
1940's, would like to see this site stay commercial.
06. Don Hill - passed
07. Nancy Winders - 326 N. Shady Lane - against PUD in Area IV.
08. Jessie Newman - 530 N. Shady Lane - against PUD in Area IV.
09. Suzanne Richardson - 3708 Sunrise Dr. - against PUD in Area IV.
10. June Martin - 201 Pine Bluff - operator of a small mobile home
park - against the "R-1" zoning because of the concern of what
® would happen to her mobile home park.
Planning & Zoning Meeting
Minutes of 4-27-89
Page 4 of 6
11. Ned Winders - 326 N. Shady Lane - against PUD in Area IU - flood
prone area - another objective is to express hi.s concerns of the
proposed connection of Sunrise and N. Shady Lane across Boggy
Bayou. He feels that N'. Shady Lane is strictly a residential
street.
12. Patsy McGrann - 402 Desire - Owner of Beacon Private School - area
is being proposed residential and she would request a commercial
zoning for the 3 lots the school is on.
13. Thelma Percoco - 1 Pine Bluff - her concern was the existing
mobile homes in the Pine Bluff area and the amount of traffic
these create.
14. David Williams - 603. N. Shady Lane - concerned about the
extension of N. Shady Lane into the newly considered PUD district.
Against the PUD zoning in Area IV.
15. Aline Cook - 406 S. Shady Lane - requested street lights and
additional fire plugs.
16. Bernard LeGrange - 3115 Lincoln Court - concerning the apartments
• being closed on Old. Hwy. 146. Mrs. Graves told him that this was
not done by the P&Z Commission and he might check with the City.
17. Carol Herrington - 1002 Hackberry - agrees with other citizens
from Shady River and wants to go on record as such.
18. Mrs. Strum - 930 Hackberry - in agreement with other speakers from
Shady River.
19. Dale Kelley - 926 Hackberry - against the "R-2" zoning on the area
just north of the existing Shady River section.
20. R. L. Anderson - 127 Desire Dr. - objects to the mobile homes and
is in agreement with the "R-1" zoning.
21. Herman Mauch - 745 Myrtle Creek - feels the mobile homes that are
currently placed should be allowed to stay.
22. Bob Capen - 807 Oak Leaf - against the "R-2" zoning on the north
side of Shady River and would like this changed to an "R-1"
zoning.
4) CLOSED PUBLIC HEARING
H1rs. Graves closed the Public Hearing at 7:55 PM. The Commission
• took a break.
Meeting re-convened at 8:20 PM.
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Planning & Zoning tfeeting
Minutes of 4-27-89
Page 5 of 6
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5) CONSIDER APPROVING LAND USE PLAN
Charlie Boyle made a motion that the Area IV PUD be changed to an
"R-1" with a PUD underlay, second was made by Inge Browder. All
were-in favor and motion carried.
Eugene Edmonds made a.motion that the northern boundary of Shady
River Hackberry Ave. (area above that) be changed to "R-1", second
by Charlie Boyle. Mrs. Browder asked if the Commission wanted to
make this an "R-1" with a PUD, but Mr. Boyle said that the area
have multiple owners, making a PUD impractical. Mr. Blackwell
asked how many owners were in the area, he felt that the main
intent of the Commission was to buffer the Shady River
Subdivision. Mrs. Browder ask if the Commission had heard from
any of the owners of the property in question, besides the
citizens from Shady River? Mr. Blackwell stated that earlier in
the meeting the Commission recommended that a park be placed in
that area and if it's zoned stricly "R-1" we won't have any
negotiation power like we would if it was zoned PUD. Mr.
Blackwell felt this was a good area for a park.
After discussion Mrs. Graves called for a vote on the motion.
,Those in favor were Eugene Edmonds and Charles Boyle, those
• against were Inge Browder, Lola Phillips, Bobby Blackwell, Jack
Gresham. The motion failed.
A second motion was made by Inge Browder and seconded by Lola
Phillips that the area be zoned as PUD with an underlying "R-1"
zoning. All were in favor, motion carried.
A motion was made by Inge Browder and seconded by Charlie Boyle to
approve the Land Use map with amendments. All were in favor.
Land Use map was approved.
6) CONSIDER APPROVING OFFICIAL PARKS AND RECREATIONAL MAP
A motion was made by Eugene Edmonds and seconded by Jack Gresham
to approve the Official Parks & Recreational map as presented.
All were in favor.
7. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING ZONING MAP
Mrs. Graves called for a motion to the Zoning map as amended with
the PUD north of Shady River and PUD in Shady Oaks remains a PUD
with an "R-1" underlay. A motion was made by Inge Browder and
seconded by Eugene Edmonds to approve the Zoning map with the
amendments. All were in favor.
A motion was made by Charlie Boyle and seconded by Jack Gresham to
take all three maps with the preliminary report to City Council as
the Commission final report. All were in favor.
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Planning & Zoning Meeting
Minutes of 4-27-89
Page 6 of 6
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8) ADJOURNMENT
There being no further business a motion made by Charlie Boyle and
seconded by Jack Gresham to adjourn. All were in favor. hieeting
adjourned at 8:35 'PM.
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Respectfully submitted,
G~ --- ~ -
Nina Browning, Secr ary
Community Development/Engineering
Minutes approved on the .~ day of _ ___ , 1989.
Jane/ Graves, Chairperson
Pla ing & Zoning Commission
/neb
4/28/89
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907 Hackber.ry Avenue ~ ~/`j
La Porte, Texas 77571 ~ ~/~~ ~a•
April 22, 1989 ~~t' ~ J '
The Mayor and Members of City Council
City of La Porte
P. O. Box 1115
La Porte, Texas 77572-1115
BayMUD Zoning
_ ~FO9c~~
On April 13, I wrote you a letter requesting that former
BayMUD be classified as R1 Low Density Residential. Since
then, I attended both workshops held by the Planning and
Zoning Commission and conducted a meeting of the Shady
River Civic Association, at which the subject of zoning
was discussed. In the interest of preserving and improv-
ing property values, I once again request that the for-
mer BayMUD area. be classified as R1, recognizing that
some Neighborhood Commercial (N.C.) is desirable. Specific
comments are:
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e The area to the west of Shady River is now planned
to be Planned Unit Development (P.U.D.). The fear
of the unknown plays a part here. Not having exper-
ience with P.U.D., we must stick with our request
for R1. The Zoning Classification Explanations
sheet states that "a proposed P.U.D. must be com-
patible with the underlying land use designation
.... " Perhaps, if the zoning maps or papers were
specfic that the underlying use for this land was
in fact R1, our fears would be allayed.
• The area north of Shady River is planned to be R2.
This is choice wooded area that butts directly
against Shady River, and R1 would seem to be the
ideal classification for future development.
• When one enters .the former BayMUD area, he encoun-
ters a maze of visual-delights, such as a few beer
joints, a delapitated, former roller rink, an
abandoned gas station and the like -not much of
an impression for a prospective home buyer who
would like•to live in La Porte. Again in the in-
terest of -preserving and improving•proper.ty values,
we request ,that both sides of old 146 be classified
R1. Some N.C. is desirable - the area on the east
side of 146 now proposed as N.C. would seem suf-
ficient.
Sincerel y rs
James R. ler
President, Shady River
Civic Association
cc Planning and Zoning Commission
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CITY OF LA PORTE
PLANNING AND ZONING COMMISSION
PUBLIC HEARING
SPEAKERS SIG1~ ~,I~sSHEET
ALL SPEAKERS WILL BE LIMITED TO TWO (2).MINUTES.
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CITY OF LA PORTE
PLANNING AND ZONING COMMISSION
PUBLIC HEARING
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ALL SPEAKERS WILL BE LIMITED TO TWO (2) MINUTES.
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CITY OF LA PORTE
PLANNING AND ZONING COMMISSION
PUBLIC HEARING
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ALL SPEAKERS WILL BE LIMITED TO TWO (2) MINUTES.
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ORDINANCE NO. 1647
AN ORDINANCE APPROVING A SERVICE PLAN FOR THE EXTENSION OF MUNICIPAL
SERVICES TO AN AREA PROPOSED TO BE ANNEXED BY THE CITY OF LA PORTE,
AS PREPARED BY THE CITY'S DEPARTMENT OF COMMUNITY DEVELOPMENT1
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW1 AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Pursuant to Section 43.056, Texas Local Government
Code, as amended, the City Council of the City of La Porte hereby
approves a service plan that provides for the extension of municipal
services to an area proposed to be annexed to the City of La Porte,
as prepared by the City of La Porte Department of Community
Development. A true and correct copy of the proposed service plan
is attached hereto as Exhibit "An, incorporated by reference herein,
and made a part hereof for all purposes. The proposed service plan
shall be made available for public inspection and explained to the
inhabitants, if any, of the area proposed to be annexed, at public
hearings to be held pursuant Section 43~052, Texas Local Government
Code.
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, Article 6252-17, Texas Revised
Civil Statutes Annotated1 and that this meeting has been open to the
public as required by law at all times during which this ordinance
and the subject matter thereof has been discussed, considered and
formally acted upon. The City Council further ratifies, approves
and confirms such written notice and the contents and posting
thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
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ORDINANCE NO. 1647
Page 2
PASSED AND APPROVED, this 8th day of May, 1989.
CITY OF LA PORTE
BY {t#7/l/i;~~
Nor n L. 'Malone, yor
ATTEST:
Cherie Black
City Secretary
Aa;;~ ~
Knox W. Askins
City Attorney
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EXHIBIT "A"
Page 1 of 4
SERVICE PLAN
FOR
AN INDUSTRIAL TRACT OF LAND
AT THE INTERSECTION OF FAIRMONT PARKWAY AND BAYPARK ROAD
I.
INTRODUCTION
This Service Plan ("Plan") is made by the City of La Porte,
Texas ("City") pursuant to Section 43.056, of the Texas Local
Government Code ("Code"). This Plan relates to the annexation by
the City of a tract of land restricted to industrial use, which has
no inhabitants ("Tract") at the intersection of Fairmont Parkway and
Baypark Road. The Tract is described by metes and bounds on Exhibit
"B" which is attached to this Plan and to the annexation ordinance
of which this Plan is a part.
II.
TERM; EFFECTIVE DATE
This Plan shall be in effect for a term of ten years
commencing on the effective date of the annexation of the Tract.
Renewal of this Plan shall be at the discretion of the City. Such
option may be exercised by the adoption of an ordinance by the City
Council which refers to this Plan and specifically renews this Plan
for a stated period of time.
III. SERVICE PROGRAMS
A. In General. This Plan includes two service programs: (i)
the Early Action Program, described below, and (ii) a Capital
Improvement Program, described below.
B. Scope and Quality of Services. Services under this Plan
shall equal or exceed the number of services and the level of
services in existence in the Tract prior to annexation. However, it
is not the intent of this Plan to require that a uniform level of
services be provided to all areas of the City (including the Tract)
where differing characteristics of topography, land utilization and
population density are considered as sufficient basis for providing
differing service levels.
C. Definitions.
1. As used in this Plan, providing services includes
having services provided by any methods or means by which the City
extends municipal services to any other area of the City. This may
include causing or allowing private utilities, governmental entities
and other public service organizations to provide such services, in
whole or in part.
2. As used in this Plan, the phrase "standard policies and
procedures" means those policies and procedures of the City
applicable to a particular service which are in effect either at the
time that the service is requested or at the time that the service
is made available or provided. The policies and procedures may
require that a specific type of request be made, such as an
application or a petition. They may require that fees or charges be
paid, and they may include eligibility requirements and similar
provisions.
D. Early Action Program.
1. Statutory Services. The statutory services will be
provided within the Tract within sixty days after the effective date
of this Plan, except as otherwise indicated. The statutory services
are as follows:
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EXHIBIT "An
Page 2 of 4
a. Police Protection. The Police Department of the
City will provide protection and law enforcement in the Tract.
These activities will include normal patrols and responses, the
handling of complaints and incident reports, and other usual and
customary police services.
b. Fire Protection. The Fire Department of the City
will provide fire protection in the Tract.
c. Solid Waste Collection. Residential collection
services will be provided by City forces. Non-residential services
and future residential service will be governed by standard policies
and procedures.
d. Maintenance of Water and Wastewater Facilities.
There are presently no public water or wastewater facilities serving
the Tract. Should any extensions of water or wastewater facilities
be made to the Tract, normal maintenance services will be provided.
e. Maintenance of Public Roads and Streets
(including lighting). The public roads and streets which serve the
tract are Fairmont Parkway and Baypark Road, each of which is on the
Harris County Road Log, and is subject to maintenance by Harris
County. This annexation does not include any of the right-of-way of
Fairmont Parkway or Baypark Road. Harris County provides services
relating to traffic control devices for such roads and streets, and
Harris County maintains public street lighting for such public roads
and streets through the Houston Lighting & Power Company, or by
other means. It is therefore not contemplated that maintenance of
public roads and streets (including lighting) by City will be
necessary.
f. Maintenance of Parks, Playgrounds and Swimming
Pools. There are no existing Public Park facilities to be
maintained. Should any such facilities be constructed by the City
within the Tract, the Department of Parks and Recreation will
provide maintenance services for them.
g. Maintenance of Any Other Publicly-owned Facility,
Building or Service. Any other publicly-owned facility, building,
or service included in the Capital Improvement Program, below, will
be maintained by an appropriate City department, as needed; unless
such publicly-owned facility, building, or service, is dedicated to,
owned by, or provided by other public agencies. Should any such
facilities, buildings or services be constructed or located by the
City within the Tract, an appropriate City department will provide
maintenance services for them.
2. Additional Services. Certain services, in addition to
the statutory services, will be provided within the Tract to the
same extent they are provided to similar territories elsewhere in
the City. These are as follows:
a. Library services from existing facilities and
future facilities outside the Tract.
b. Health services in accordance with standard
policies and procedures.
c. Emergency rescue and ambulance services by the
City's Emergency Medical Services Division, in accordance with
standard policies and procedures.
d. Enforcement of City codes and ordinances.
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EXHIBIT "A"
Page 3 of 4
E. Capital Improvement Program. The City will initiate the
construction or acquisition of capital improvements necessary for
providing municipal services for the Tract. Those improvements
which are necessary are indicated below, and any necessary
construction or acquisition shall begin within two years of the
effective date of this Plan, except as otherwise indicated.
1. Police Protection. Police protection for the Tract can
be provided by using existing capital improvements. Additional
capital improvements are not necessary at this time to provide
police protection to the Tract. However, the Tract will be included
with other territory in connection with planning for new, revised or
expanded police facilities.
2. Fire Protection. Fire protection for the Tract can be
provided by using existing capital improvements. Additional capital
improvements are not necessary at this time to provide fire
protection to the Tract. However, the Tract will be included with
other territory in connection with planning for new, revised, or
expanded fire-fighting facilities.
3. Solid Waste Collection. No capital improvements are
necessary at this time to provide solid waste collection services
within the Tract as described in the Early Action Program. However,
the Tract will be included with other territory in connection with
planning for new, revised or expanded solid waste facilities.
4.
public water
policies and
territory in
public water
Water and Wastewater Facilities. Future extensions of
or wastewater facilities will be governed by standard
procedures, and the Tract will be included with other
connection with planning ~or new, revised or expanded
and wastewater facilities.
5. Roads and Streets (including lighting). There are no
public roads and streets within the Tract. The Tract is served by
Fairmont Parkway and Bay Park Road, both of which are on the Harris
County Road Log. Additional roads, streets or related facilities
are not necessary at this time to serve the Tract. Future
extensions of roads or streets and future installation of related
facilities such as traffic control devices or street lights will be
governed by standard policies and procedures. The Tract will be
included with other territory in connection with planning for new,
revised, widened or enlarged roads, streets or related facilities.
6. Parks, Playgrounds and Swimming Pools. These services
can be provided by using existing capital improvements. Additional
capital improvements are not necessary at this time to provide such
services to the Tract. However, the Tract will be included with
other territory in connection with planning for new, revised or
expanded parks, playgrounds and swimming pools.
7. Other Publicly Owned Facilities, Buildings or Services:
Additional Services. In general, other City functions and services,
and the additional services described above, can be provided for the
Tract by using existing capital improvements. Additional capital
improvements are not presently necessary. However, the Tract will
be included with other territory in connection with planning for
new, revised or expanded facilities, functions and services,
including the additional services described above.
IV. AMENDMENT: GOVERNING LAW
This Plan may not be amended or repealed except as provided by
the Code or other controlling law. Neither changes in the methods
or means of implementing any part of the service programs nor
changes in the responsibilities of the various departments of the
.
.
EXHIBIT "AR
Page 4 of 4
City shall constitute amendments to this Plan, and the City reserves
the right to make such changes. This Plan is subject to, and shall
be interpreted in accordance with the Code, the Constitution and
laws of the United States of America and the State of Texas, and the
orders, rules and regulations of governmental bodies and officers
having jurisdiction.
V. PORCE MAJEURE
Should a force majeure interrupt the services described herein,
the City shall resume services under this Plan within a reasonable
time after the cessation of the force majeure. "porce majeure", for
the purposes of this Plan, shall include, but not be limited to,
acts of God, acts of the public enemy, war, blockade, insurrection,
riots, epidemics, landslides, lightning, earthquakes, fires, storms,
floods, washouts, droughts, tornadoes, hurricanes, arrests and
restraints of government, explosions, collisions and any other
inability of the City, whether similar to those enumerated or
otherwise, which is not within control of the City.
VI. ENTIRE PLAN
This document contains the entire and integrated service plan
relating to the Tract and supercedes all other negotiations,
representations, plans and agreements, whether written or oral.
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EXHIBIT RBR
BOUNDARIES OF THE TRACT OF LAND
COMPRISING THE AREA PROPOSED TO BE ANNEXED
(HEREINAFTER ANNEXATION AREA)
BEGINNING at a point in the William M. Jones Survey, Abstract
No. 482, Harris County, Texas, within the city limits of La
Porte, Texas, said point being Copperweld (C.W.) rod stamped
2682, at the intersection of the South right-of-way line of
Fairmont Parkway, and the West right-of-way line of Baypark
Road (100.00 feet wide) as recorded under File Number E717339,
Film Code 138-02-1094 of the Harris County Official Public
Records of Real Property (H.C.O.P.R.R.P.);
THENCE southerly along the said West right-of-way line of
Baypark Road to a point for the Northeast corner of a 60.792
acre tract of land conveyed to Quaker Oats Chemicals, Inc. per
the deed recorded under File Number H406373, Film Code 011-97-
2240 of the H.C.O.P.R.R.P.;
THENCE, South 02027'59" East, 1476.25 feet along a line common
to said 60.792 acre tract and said West right-of-way line of
Baypark Road, to a C.W. rod stamped 2826 found for the
Southeast corner of said 60.792 acre tract and being in the
North right-of-way line of a railroad easement (50.00 feet
wide), also being in the South line of a drainage easement
(40.00 feet wide) as recorded under File Number E233742, Film
Code 108-12-l079, of the H.C.O.P.R.R.P.;
THENCE, South 87031'40" West, alon? a line common to said
60.792 acre tract, the North right-of-way line of said railroad
easement, and the South line of said drainage easement, at
1593.89 feet passing a point for the Southeast corner of
Friendswood Development Company Water Well Site Site Number 11
as recorded under File Number E233742, Film Code 108-l2-1079 of
the H.C.O.P.R.R.P., at 1694.38 feet passing a point for the
Southwest corner of said Water Well Site Number 11, in all a
total distance of 1794.38 feet, to a point for corner, said
point being a 5/8" iron rod in the East right-of-way line of
Big Island Slough, as recorded in Volume 4860, Page 268, of the
Harris County Deed Records (H.C.D.R.);
THENCE, North 02024'31" West, 1442.29 feet along a line common
to said 60.792 acre tract and said East right-of-way line of
Big Island Slough to a Copperweld (C.W.) rod stamped 2829 found
for the most southerly Northwest corner of said 60.792 acre
tract and also being an angle point of said East right-of-way
line;
THENCE, North 34059'38" West, 40.27 feet continuing along said
common line to a 5/8-inch iron rod found for the most northerly
Northwest corner of said 60.792 acre tract;
THENCE, Northerly along the East right-of-way line of Big
Island Slough (230.00 feet wide) as recorded in Volume 4860,
Page 268 of the Harris County Deed Records (H.C.D.R.) to its
point of intersection with the South right-of-way line of
Fairmont Parkway.
THENCE, Easterly with the South right-of-way line of Fairmont
Parkway to the POINT OF BEGINNING.
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ORDINANCE NO. l50l-J
AN ORDINANCE AMENDING ORDINANCE NO. 1501, BY CHANGING THE
CLASSIFICATIONS OF THOSE CERTAIN PARCELS OF LAND HEREIN DESCRIBED,
SAID PARCELS BEING FORMERLY KNOWN AS THE BAYSHORE MUNICIPAL UTILITY
DISTRICT, ANNEXED BY THE CITY OF LA PORTE ON DECEMBER 31, 1988;
DIVIDING SAID NEWLY ANNEXED AREA INTO DISTRICTS OF SUCH NUMBER AND
AREA AS ARE DEEMED BEST SUITED TO CARRY OUT THE REGULATIONS
EMBODIED IN SAID ORDINANCE 1501; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; PROVIDING THAT ANY PERSON OR CORPORATION VIOLATING
ANY OF THE PROVISIONS OF ORDINANCE 1501 OR ANY AMENDMENTS THERETO,
INCLUDING THIS ORDINANCE, SHALL BE DEEMED GUILTY OF A MISDEMEANOR,
AND UPON CONVICTION, SHALL BE LIABLE TO A FINE NOT TO EXCEED
$1,000.00, WITH EACH DAY OF VIOLATION CONSTITUTING A SEPARATE
OFFENSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte hereby
finds, determines and declares that heretofore, to-wit, on the 27th
day of April, 1989, at 7:00 p.m. a Public Hearing was held before
the Planning & Zoning Commission of the City of La Porte, Texas,
pursuant to due notice, to consider the question of the possible
classification of the hereinafter described parcels of land that
formerly comprised the Bayshore Municipal Utility District, said
parcels of land being annexed by'the City of La Porte on December
31, 1988, by Ordinance 1626 of the City of La Porte.
There is
attached to this Ordinance as Exhibit "A", and incorporated by
reference herein and made a part hereof for all purposes, a copy of
"Notice of Public Hearing" which the City Council of the City of La
Porte hereby finds was properly mailed to all owners of all
properties located within two hundred feet (200') of the properties
under consideration.
Section 2. The Publisher's Affidavit of Publication of not-
ice of said hearing is attached hereto as Exhibit "'B", incorporated
by reference herein and made a part hereof for all purposes.
Section 3. Subsequent to such public hearing, the City of La
Porte Planning & Zoning Commission met in regular session on April
27, 1989, to consider the establishment of zoning classifications
for the area formerly known as the Bayshore Municipal Utility
District which were the subject of such public hearing.
The City
Council of the City of La Porte is in receipt of the written
recommendations of the City of La Porte Planning and Zoning
Commission, embodied in the preliminary report of the Planning and
Zoning Commission, dated April 27, 1989, the original of which
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Ordinance l50l-J, Page 2
preliminary report is attached hereto as Exhibit "C", incorporated
by reference herein and made a part hereof for all purposes.
Section 4. On the 22nd day of May, 1989, at 6:00 P.M., a
public hearing was held before the City Council of the City of La
Porte, pursuant to due notice, to consider the question of the
possible classification of the areas that formerly comprised the
Bayshore Municipal Utility District. There is attached to this
Ordinance as Exhibit "D", incorporated by reference herein and made
a part hereof for all purposes, a copy of the "Notice of Public
Hearing" which the City Council of the City of La Porte hereby
finds was properly mailed to the owners of all properties located
within two hundred feet (200') of the properties under considera-
tion.
Section 5.
notice of said
incorporated by
The Publisher's Affidavit of Publication of
hearing is attached hereto as Exhibit "E", and
reference herein and made a part. hereof for all
purposes.
Section 6. Subsequent to such public hearing, the City
Council of the City of La Porte reviewed the preliminary report of
the City of La Porte Planning and Zoning Commission, and all of the
evidence presented before it, and the City Council of the City of
La Porte hereby accepts the recommendation of the City of La Porte
Planning and Zoning Commission, and the zoning classifications of
the areas that formerly comprised the Bayshore Municipal Utility
District, now situated within the corporate limits of the City of
La Porte, are hereby changed, and the zoning classifications of
said parcels of land shall hereafter be as set forth on the zoning
map attached hereto as Exhibit "F", incorporated by reference
herein and made a part hereof for all purposes. The legal
description of said parcels of land are more particularly described
by metes and bounds on Exhibit "G", attached hereto and fully
incorporated by reference herein.
Section 7. The City Council officially finds, determines,
recites and declares that a sufficient written notice of the date,
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Ordinance 1501-J, Page 3
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Ordinance 1501-J, Page 4
Section 9. If any section, subsection, sentence, clause or
phrase of this ordinance is for any reason held to be invalid, such
decision shall not effect the validity of the remaining portions of
this ordinance, or Ordinance 1501 or any amendments thereto,
including this ordinance.
Section 10. 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 in the City of La
Porte at least twice within ten (10) days after the passage of this
ordinance.
PASSED AND APPROVED this ____ day of
, 1989.
CITY OF LA PORTE
By:
Norman Malone, Mayor
ATTEST:
By:
Cherie Black,City Secretary
Armstrong
t City Attorne
a Porte
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.',' ~.
..... ;
STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Ordinance 1501, the City
of La Porte Zoning Ordinance, notice is hereby given that the La
Porte Planning and Zoning Commission will conduct a Public Hearing
at 7:00 P.M. on the 27th day of April~ 1989, in the Council
Chambers of the City Hall, 604 West Fairmont Parkway, La Porte,
Texas. The purpose of the Public Hearing is to consider assignment
of permanent zoning classifications to the newly annexed areas
which formerly comprised the Bayshore Municipal Utility District.
A regular meeting will be held following the public hearing
for the purpose of acting upon the public hearing item by
considering a recommendation to the La Porte City Council and to
conduct other matters pertaining to the Planning and Zoning
Commission.
Maps showing the proposed zoning will be available for public
viewing at the City Hall of the City of La Porte, on week days
beginning April 17, 1989, between the hours of 8:00 A.M. and
5:00 P.M.
Citizens wishing to address the Commission pro or con during
the Public Hearing will be required to sign in before the meeting
is convened.
CITY OF LA PORTE
Cherie Black
City Secretary
EXHIBIT A
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PUBLIC NOTICE, .,.' ,. " -
~TICE OF, ie.
-PUBLIC HEARING
I~ a<:=cordance with the provisions of
~rdlna~ce 150 '. the City of La Porte Zon-
Ing Ordinance. notice is hereby gi",,)O that
th~ ~,Po~e Planning and,Zonin Com-
miSSion will conduct a Public He:rlrig at
. 7.00 P. M, on the 27th day of April '1989 '
the Cou cll C?hambers ofthe:,Oity H~:~ ...
604 We Fair ntParkway,\!.a,f;>orte..
!e s, ~pu~ seofthePublicHearing ,;
IS t co Ider , sl~fllT)ent of permanent
zo lasSI cations to :. the' newly
annexed reas hich form' comprised
the Bays ore unii,pal til' District
h Areg~ rm .eting iIIbehel fOl/9,Wing
.~ e public he Ing fo the" of act-
'~g upon the ublic ' em by con-
sldenng. a r omm n to the la,
Porte City Co, ncil a d t~,conduct other '
mat!ers pertaining to the Planning and, 1 S
Zoning Commission,
Map,s showing the proposed zoning will s
be avallable,for public viewing at the City
Hall, 01 ~e City of La Porte, on week da s
beginning April 17, 1989, between l.e
hou~~ of 8:00 A,M. and 5:00 P M
,CI~lzens wishing to, address th~ Com-
~TlIssl?nproorconduringthePublicHear_ the undersigned authori ty, on th~s date
Ing ~III b~ required to sign in before the
meellng IS convened. .' ~ared Sandra E. Bumgarner, duly authorized
CITY OF LA PORTE. . lBaYShore Sun, a semi-weel<:ly newspaper
Cherie Black
City Secretary La Porte, Harris County, Texas, and who
after being- uly sworn, says the attached notice was
published in The Bayshore Sun of April 12, 1989 "
B
La Porte; Texas 77571
(713) 471-1234
re SUD
~j;.~
Sandra E. Bumgarner
Office Manager
Sworn and subscribed before
A. D. 19 ??1 .
me this /~ day of /11/(1
~~c~.~~. ~~~~
Notary Public
Harris County,
Texas ...........t.:';.".
.... \.... "
.' \.,. ........ .... .,
... ...... ." '.. (I' ",
....... ,I). '. 6' '.
: ........"" *+..;4 ...
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EXHIBIT D
, lL)
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PRELIMINARY REPORT REGARDING PERMANENT ZONING CLASSIFICATIONS
TO BE ASSIGNED TO PROPERTY ANNEXED INTO THE CITY OF LA PORTE
BY ORDINANCE #1626
EXHIBIT C
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FOREWARD
On December 12, 1988, the City off La Porte, by Ordinance 1626 (See
Exhibit A), annexed the former Bayshore Municipal Utility District
(BayMUD). This annexation became effective at 12:01 A.M., December
31,1988. As required by City Zoning Ordinance 1501, a temporary
classification of R-1, Low Density Residential Zoning was assigned to
all property within the annexed area. In order to comply with the
requirements of both the Zoning Ordinance and State law, the City must
assign permanent zoning classifications to all property located within
the annexed area by a date, no later than 180 days following the
effective date of annexation. This date is June 28, 1989.
The assignment of zoning classifications cannot be made on an
arbitrary basis, nor can they be based solely on existing patterns of
land use. Zoning must rather, be based upon the Comprehensive Plan of
the Ci ty of La Porte. Integration of a newly annexed area into the
goals of the Comprehensive Plan is therefore the first prerequisi te
for assigning permanent zoning to any newly annexed area.
At this point, it is appropriate to examine the relationship of
the City's Comprehensive Plan to the Zoning Ordinance. This can best
be done by a quoting from Article One of Ordinance #1501.
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Preliminary Zoning
Page 2
The zoning regulations and districts as herein
established have been made in accordance with a
comprehensive plan for the purpose of promoting health,
safety, morals, and the general welfare of the City of
La Porte. They have been designed to lessen congestion
in the streets, to secure safety from fire and panic and
other danger s, to prov ide adequate I ight and air, to
prevent overcrowding of land, to avoid undue
concentration of population, and to facilitate the
adequate provision of transportation, water, sewag~,
schools, parks, and publ ic fac il1i ties. They have been
made to reasonable consideration, among other things,
for the character of the district, its peculiar
suitability for particular uses, and with a view of
conserving the value of building and encouraging the
most appropriate use of land throughout the City (Sec.
1-200).
It is the policy of the City of La Porte that the
enforcement, amendment, and adrnin istrat ion of the
Ordinance be accomplished with due consideration of the
recommendations of the Comprehensive Plan as the Policy
established the City of La Porte Planning & Zoning
Commission and the City Council of the City of La Porte
respectively, to regulate land use and developments in
accordance with the pol ic ies and purposes her'e in set
forth (Sec. 1-300).
In keeping with these goals and principals, the Planning & Zoning
Commission, aided by the City Attorney's office and City Staff has
developed a plan for integrating the newly annexed BayMUD area into
the City of La Porte in a manner that will protect and enhance the
character of the area, serve the best interests of the entire City,
and maintain the Comprehensive Plan's status as a "living document"
which will continue to serve as a "template for future planning
decisions" (1984 Steering Committee report to City Council).
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Preliminary Zoning
Page 3
The plan proposed by the Commission is comprised of three major
components. These are:
1. Land Use Plan (Exhibit B)
2. Parks & Recreation/Conservation Plan (Exhibit C)
3. Zoning Map (Exhibit D)
For the purposes of this report,;' the newly annexed territory has
been divided into four areas (See Exhibit E). The Comprehensive Plan
considerations which led to the presently proposed zoning
classifications are discussed for each area.
AREA I
(See Exhibit E)
Area I is comprised of approximately 225 acres. The bulk of the
area, which is largely undeveloped, lies within an "A" flood zone.
This area is further characterized by the presence of relatively large
single ownership tracts.
Street ~_Thoroughfares:
Access to this property is limited to McCabe Road (secondary
arterial) and Highway 146 (Controlled Access highway). There are
presently no developed streets to provide access to the interior
sections of this area.
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Preliminary Zoning
Page 4
Utilities:
Potable water is presently available to this area from three
points; McCabe Road, South Broadway, and the portion of the La
Porte/Shoreacres City limit line located to the south side of this
area. There is no interior water distribution system.
While sanitary sewer lines are presently located along McCabe
Road and South Broadway, these lines are already operating near
full capacity. Due to their age and condition they are subject to
major storm water infil tration during bad weather. There are
presently no sanitary sewer lines serving the interior sections of
this area.
While the sanitary sewer system serving this area may be
capable of accepting a limited amount of additional loading, it
cannot accept the amount of effluent which would be generated by a
large development.
Additional sanitary service which could serve both this area
and trac ts loc a ted furthe r north has been tentat i vel y proposed.
Service would originate at a lift station to be located on McCabe
Road and proceed northward along the west side of the Bay Forest
Golf Course to the City's sewage treatment plant. As noted this
proposal is tentative and construction within the near future is
not foreseen.
As with potable water', fire protection (hydrants) is not
presently available to the interior sections of this tract.
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Preliminary Zoning
Page 5
Parks ~_Recreation/Conservation Areas:
The portion of Area I located west of Highway 146 is proposed
to be incorporated into existing park zone 8. There are no
existing or proposed areas of residential development located
within this park zone.
A pedestrian trail and small park (to be located at Powell
road and the planned extension of Wharton Weems) are proposed for
the original portion of Zone 8. A total of 18.8 acres are to be
devoted to this park/trail complex. No additional facilities are
proposed for the Zone 8 Extension.
The portion of Area I bounded by Highway 146 on the west and
Taylor Bayou on the east is proposed to be joined with Areas II &
III to comprise a new park zone which will be designated as Zone
18.
Proposed Zone 18 presently contains approx imately 4.7 acres
of private park area (located in the Shady River, Bayside Terrace,
and Bay Oaks Subdivisions). In order to achieve the 1/22.3
residential zone/park ratio targeted by the Comprehensive Plan, an
additional 5.4 acres of park area will be required. The
additional park acreage is proposed to be achieved by development
of a pedestrian trail and conservation ar'ea paralleling Taylor
Bayou and a small park to located by Taylor Bayou, south of McCabe
Road.
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Preliminary Zoning
Page 6
Lan Q. Use & _...Z 0 n i_1'l&1..
The following land use designations are proposed for Area I (See
Exhibit B).
1 . -M-:ki- - t.Q - M-iga- -D-€-fI-&i-t-:y- -R-e-s-~i-a-I-j- -W- -e.e -1 ee ateEi - H€>-FtR- -&f--t-h-e
-Sha4y.- - -R-i-v-e-r- - -Su-b-<i-i-v-i-s-i-on- - ~ - -T~l-o-r- - -Ba:fo-u- - -a-nd- --So-u-t-h-
-Sr-o-a-d-wa-y.-.- ~'<
2. Low Density Residential j to be located between Taylor Bayou
and Highway 146.
3. Commercial j to be located immediately south of McCabe Road
between Highway 146 and Taylor Bayou.
If. Cornmerc ia 1/ Indus tr ia I j to be loc ated between Highway 146 and
the western City limit line.
~-~}~-~&-H~gfi-Beft5~tY-6e5~gHa~~eH-~pe~e5e6-~~f-~~
~~~~-~~--k~ea-~--w~ll-~-a5-~-e~~efl5~efl-~--~Re-~~-~e-~~
~~~~~-deB~~nB~t.en-Pf~~~~~~~--~~-fte~tfi-~--Me&~&e-Reae.--~~
RiYctd- -w-h-}c-h- -i-3- -a- ~ -a-r-t-e-r-i-a-l- -c-o-n-n-e-c-t-s- -d-:i:-r-ec-t-l-y- -t-o- -Sout-h- ~
(-a-~-a-~eeon~~ry-~~~~-~-the-~~~~-~-H~ghway-,~~-~~~~rl~
A-c-c-e-3-3- -It i:-ghw-ay- r - to - the - w e ~ t -; - - .!f h e~ e - 1"-t)"tl-d ~- -p-r-o-v-i -d-e- -e-x-e-e-3. -3. -en-t- -a-c-c-e-s-s- -t-<r
~~-alea-and-~ho~ld-~"tl~-i~~-~m~~~~-~laff~e-gene~ated-~~-~~
~:H-y- -hou-8-:i:ng- -d-e-v-e-l-opmen-t-. *
The add i tional parkland requ ired for Zone 18 will be taken from
this area and will serve to buffer it from the property located
immediately to the west which is proposed to be designated for
commercial development.
* PLEASE REFER TO APPENDIX A
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Preliminary Zoning
Page 7
The portion of Area I located between Taylor Bayou's west branch
and Highway 146 is proposed to be designated as PUD. The underlying
land uses of Commercial and Low Density Residential will work in
conjunction with PUD Zoning to call for an integrated
commercial/single family residential development. Due to the lack of
streets and util it ies on thi s property 'and the types of su rround i ng
development, PUD controls should serve the City's best interests.
These controls will insure that sewer service is designed in a manner
which will be compatible with the City's proposed sanitary sewer
improvements; interior street circulation wU.l be adequate and not
disrupt traffic flow patterns envisi.oned by the Comprehensive Plan;
and that development architectural standards are compatible and
complementary to those currently in effect in the adjacent Shady River
Subdivision.
Finally, a PUD Zoning classification is proposed for the western-
most section of Area I, located between Hi.ghway 146 and the western
city limit line. Highway 146 is a major "gateway" to the City of La
Porte. As a gateway to the City, architectural standards as well as
efficient traffic flow patterns and utility design are critical to
both the appearance and operation of the Ci ty. Again PUD controls
appear to be the best tools for addressing these issues. As with the
rest of Area I, this tract is a largely undeveloped and lacking i.n
interior streets and utilities. Given the underlying land use
designation of Commercial/Industrial and the previously discussed
factors, a zoning classification of PUD appears to be the best means
of achieving the goals of the Comprehensive Plan in this area.
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Preliminary Zoning
Page 8
AREA II
(See Exhibit E)
This area, as indicated, is primarily comprised of the Shady River
Subdivision. This subdivision is approximately 68% built out. Also
located within this area are an apartment complex and approximately 14
commercial establishments.
Street & Thoroughfares :.
Area II is primarily served by South Broadway (secondary arterial)
with McCabe Road (secondary arterial) serving as a connection to
Highway 146 (Controlled Access Highway). The apartment complex and
commercial establishments occupy relatively shallow tracts fronting on
South Broadway. Addi tional streets do not appear to be needed to
serve these developments. The Shady River street system is fully
developed and although the only access to the subdivision is from
South Broadway, the existing system appears adequate to meet the
subdivision's present needs.
There are three addi tional access streets which at present are
only developed as far as the subdivision perimeter. They are:
1. Silver Springs, to the north; it appears that this street is
intended to extend to t-lcCabe Road as an addi tional
subdivision entrance.
2. Longleaf and Hollowtree Avenues to the west; these streets
appear to be intended to extend across Taylor Bayou to serve
as connections to possible future Area I developments.
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Preliminary Zoning
Page 9
Discussion of whether or not to extend there str'eets HouJ.d be
premature at this time. These decisions should be made as part of the
process of reviewing future Area I developments.
Utilities:
As in Area I, potable water is readily available in this area.
The sanitary sewer system although subject to the same problems
discussed in Ar'ea I, appears to be adequate to serve the limi ted
amount of future low density residential and commercial development
possible in Area II.
Although some upgrading of fire protection (fire Hydrants) may be
necessary to accommodate future commercial development, the small
compact size of the proposed commercial zone and the readily available
water supply should prevent this from posing a serious development
obstacle.
Egrks & Recreation/Conservation Areas:
Area II will comprise part of proposed park Zone 18. There are
two pr i v ate parks presentl y loc a ted in the Shady Rive r Subd i v is ion.
For additional discussion of Zone 18 parkland/conservation areas,
please refer to the Area I section of this report.
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Preliminary Zoning
Page 10
Land Use & Zoning:
The land use designations proposed for Area II are as follows:
1. Low Density Residential
2. Mid to High Density Residential
3. Commerc ial
The Low Density designation is proposed to encompass the Shady
River Subdivision and be overlayed with a zoning classification of R-1
Low Density residential. The boundaries of this zoning district will
track the subdi v ision per imeter. Shady Ri ver is a stable, viable
subdivision, R-1 zoning overlaying a Low Density Land Use designation
is the only reasonable means of protecting the subdivision's
integrity.
A Mid to High Density Land Use designation overlayed with a zoning
classification of R-3, High Density Residential is proposed for the
section of Area II occupied by the apartment complex. The R-3 zoning
classification is proposed to track this complex's proper'ty on the
north, west and south. To the east the zoning district will extend
across South Broadway to encompass apartment and townhome complexes
located in Area III. This zoning district will render these complexes
conforming uses while precluding their possible future expansion into
adjacent residential districts.
A land use designation of Commercial with an overlying N.C.
(Neighborhood Commercial) zoning classification is pr'oposed for the
property south of the apartment complex. This area is bounded by the
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Preliminary Zoning
Page 11
Shady River Subdivision to the west and south and South Broadway to
the east. This zoning district is presently occupied by three
commerc ial bui Id ings and the re does appear to be room for 1 imi ted
expansion of these facilities.
It is felt that N.C. zoning is most appropriate type of Commercial
zoning for this area. This is due to,the following facts.
1. The amount of developed and undeveloped residential property
in the area is sufficient to warr'ant a small commercial
district to serve neighborhood needs.
2. The concentration of General Commercial property and
development located further north on South Broadway and
Fairmont Parkway is sufficient to meet the City's needs for
the foreseeable future.
3. General Commercial development in this area would tend to
draw a higher volume of traffic than is desirable for either
a residential area or a dead ended road such as South
Broadway.
4. A review of the City's zoning map reveals the spacing between
this proposed N.C. zone and the closest adjacent 'Commercial
zone is consistent with the arrangement of other Commercial
zones within the City.
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Preliminary Zoning
Page 12
AREA III
(See Exhibit E)
Area III encompasses The Pine Bluff, Bayside Terrace and Bay Oaks
Subdivisions as well as three Apartment/townhome complexes,
approximately fourteen commercial ~ establishments, the Bayshore
Elementary school and the private Beacon School.
StL~et & Thoroughfares:
Area III is primarily served by South Broadway (secondary
arterial). While Broadway provides adequate access to and from Area
II I, the re are problems wi th inter ior subd i vis ion streets in th i s
area. Al though these problems are not limited to Bays ide Terrace,
they can be clearly seen in this subdivision, making it an excellent
example.
Bayside Terrace is a 285 lot subdivision \-lhich, at present, is
approximately 70% built out. Bayside Drive provides the only access
to the subdivision at this time. All the north/south streets in
Bayside Terrace are platted as forty foot wide rights of way. The
actual surfaced width of a typical street often does not exceed twelve
to sixteen feet with the remainder of the right of way being devoted
to drainage ditches and utilities. Several homes in the older portion
of the subdivision are located very close to the right of way line.
Widening these streets in a safe and effective manner would involve
careful and extensive engineering as well as a very large capital
outlay by the City.
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Preliminary Zoning
Page 13
Another street related problem faced by subdivision residents is
1 imi ted access to the Bayshore Elementary school. La Poy'te
Independent School District does not provide bus service to this
subdivision. As there are no communicating streets or easements
between Bayside Terrace and adjoining subdivisions, children whose
parents cannot provide them with transpoy'tation are forced to walk out
of the subdivision and along South Broadway to reach Bayshore
Elementary.
As noted, street problems are not limited to Bayside Terrace. It
is only cited as a specific example of the typical types of problems
that will ultimately require the City's attention.
Utilitie.~
The utility situation in Area III is much like that noted in the
Areas I & II sections of this report. Potable water is read ily
available. Fire protection (fire Hydrants) and sanitary sewer, while
adequate for' curl"ent needs and able to support a limited amount of
add it ional low den s i ty deve lopment, are not capable of handl ing a
major increase in demand. While this does not pose a serious problem
for Ar'ea III per se, the fact that this area shares a common sewer
system with Areas I & II causes sewer service to be a North BayMUD
problem. Any additional system loading originating in Areas I, II, or
III will impact the other areas as well.
For additional discussion of the sanitary sewer system, please
refer to the Area I section of this report.
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Preliminary Zoning
Page 14
Parks & Recreation/Conservation Areas:
Ar'ea III is to be included in pr'oposed Park Zone 18. There are
currently three private subdivision parks located in Area III. Two
are located in Bayside Terrace and one in the Bay Oaks Subdi v islon.
There are no public or private park I facilities located in the Pine
Bluff Subdivision.
For discussion of additional park facilities, please refer to the
Area I section of this report.
La~pse & Zoning:
The following land use designations are proposed for Area III.
1. Low Density Residential
2. Mid to High Density Residential
3. Commercial
The Pine Bluff Subdivision is proposed to be included ln the Mid
to High Density land use area that currently runs from South "n"
Street southward through the Crescent View Subdivision. An overlaying
zoning classification of R-1, Low Density Residential is proposed for
Pine Bluff.
While the zoning and land use designations, on the surface appear
to be somewhat inconsistent with each other, they are based on long
term planning goals. The ultimate goal of the Comprehensive Plan is
to maximize use and enjoyment of the Bayfront area by encouraging mid
to high density residential development. This will require
redevelopment of neighborhoods which are nearing the end of their
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Preliminary Zoning
Page 15
economic life. The resulting higher density developments will allow a
greater number of residents to benefit from the natural amenity of
Galveston Bay as well as nearby City recreational facilities. It must
be noted however, that simply zoning a tract of proper'ty as R-2 or R-3
will not automatically lead to desirable redevelopment. As noted in
p rev ious sect ion s 0 f th is report; the ex is ting infras true ture
(streets, utilities, etc.) of much of BayMUD and "old" La Porte as
well requires upgrading and/or redesigning. Until either' the City, or
a pri.vate developer is in the position to make these improvements,
redevelopment simply is not practicle.
The Mid to High Density land use designation therefore reflects
the long term goals of the Comprehensive Plan, while the R-1 zoning
classification provides the best means of property control in the
interim period.
The proposed R-3 zone discussed in the Area II section of this
report will extend eastward across South Broadway to include the
apartment/townhome complexes located between Pine Bluff Road and the
southern boundary of the Bayside Terrace Subdivision. This zoning
district which is to overlay a Mid to High Density land use
designation will track the property lines of these complexes. This
zoning classification will render these developments conforming uses
while precluding the possibility of their future expansion into
adjacent residential districts.
A land use designation of Low Density Residential with an
overlaying zoning classification of R-1 low density residential is
proposed for both the Bayside Terrace and Bay Oaks Subdivisions.
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Preliminary Zoning
Page 16
Bayside Terrace is a stable, viable single family neighborhood.
It shows every indication of remaining as such for the' forseeable
future. Although there are neighborhood problems to be addressed, as
noted in the street and thoroughfare section of this report, the
subdivision itself should be protected and preserved. R-1 zoning with
underlying Low Density land use is the appropriate means for
accomplishing this end.
Although the Bay Oaks Subdivision is subject to many of the
problems found in Pine Bluff, it is felt that R-1 zoning with
underlying Low Density land use is the most appropriate designation to
be applied here. This opinion 1s held for the following reasons.
1. Bay Oaks is a deed restricted neighborhood and the
subdivision civic association is working to bring the
neighborhood back into compliance with subdivision covenants.
2. The subdivision is confined to a relatively narrow tract of
land and is sandwiched between Bayside Terrace which is
proposed to r'emain as R-1 and the City of Shoreacres which
also has zoned its adjacent property for single family
dwellings.
After we igh ing these con s ide rat ions, it is fe 1 t that R-1 zon ing
with underlying Low Density land use will best serve to maintain the
character of the area and will still provide the tools necessary for
an upgrading of this neighborhood's quality.
A small Neighborhood Commercial (N.C.) zone with an underlying
commercial land use designation is proposed for the area located
between the southern boundary of Bayside Terrace and Bay Oaks Drive.
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Preliminary Zoning
Page 17
Although this zone cannot be physically joined to the N.C. zone
proposed for Area II, its close proximity will allow the two zones to
function as a single N.C. area. For additional discussion on N.C.
zoning and Commercial land use, please refer to the Area II section of
this report.
AREA IV
(See Exhibit E)
There are two single family subdivisions, a townhome complex, one
small office building and a tr'act of primarily undeveloped acreage
located wi ttd.n Area IV. This area j,s located south of the Ci ty of
Shoreacres and is completely seperated from the rest of the former
BayHUD ar'ea.
Street & Thoroughfar~
The western section of Area IV is acessed from South Broadway
(secondary arterj.al) which dead ends at the Port of Houston's Bayport
Turning Basin. The eastern section of this area can only be accessed
through the City of Shoreacres. Maps presently in the City's
possession indicate a proposed extension of Bay Colony Drive eastward
across Boggy Bayou to connect with North Avenue and South Broadway.
No plans have yet been made to extend this street. Access to the
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Preliminary Zoning
Page 18
western portion of AIAea IV is an issue which will require future
consideration.
The interior streets serving the subdivisions located in this area
appear to be adequate to serve present needs.
Uti lit t~~
Potable water is readily available throughout Area IV. Fire
protection (fire hydrants) appears to be adequate for present needs
bu twill requ ire upgrad i ng to accommodate future deve lopment tak i ng
place outside the platted subdivisions.
The system of sanitary lines serving Area IV is independent of the
system serving the northern portion of the former BayMUD area. While
this system is capable of accepting furthel' loading from a lin11 ted
additi.onal amount of low density development, due to its condition the
system is subject to serious infil tration of storm water during bad
wea the r. This factor rest r ic ts the amount of add it ional load ing the
system is capable of accepting. Future development to be located
outside tbe two plated subdivisi.ons located in Area IV is therefore
not practical until repair of upgrade of this system takes place.
Park~_~ Recreation/Conservation Areas :.
A new Park Zone, Zone 19, is proposed to encompass Area IV. There
are presently two private subdivision parks located in this areat one
located west of Boggy Bayou in the Shady Oaks Subdivision, the other
located on Galveston Bay in the Bay Colony Subdivision. The total
area devoted to parkland comes to 2.8 act'es. Based on the
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Preliminary Zoning
Page 19
approximately 123 residential
additional 2.7 acres would
acres located
in this
ar'ea, an
be requ i red to
meet
the 1/22.3
parkland/residential zone ratio required by the Comprehensive Plan.
Addi tional parkland would have to be dedicated in the undeveloped
acreage proposed for PUD zoning.
Land Use/Zoning:
The land use designations proposed for Area IV are:
1. Low Density Residential
- -&. - - -M- i-d- -1;0- -H- i-g-h- -D-€-n-s-i-t-:f- -R-&s-:b-d-a-n-t.:i:-a-l- *
R-1, Low Density Residential zoning overlaying a Low Density
Residential land use designation is proposed for the Bay Colony
Subdivision.
These des ignat ion s will complete a patte rn of single
family development which begins with Bayside Terrace to the north,
extends through the City of Shoreacres, and terminates at the Bay Port
Turning Basin.
As with Bayside Terrace, Bay Colony is a stable, viable single
family neighborhood. It is also a deed restricted subdivision. These
factors justify maintaining the R-l zoning presently in effect.
R-l zoning with an underlying land use designation of Low Density
Residential is also proposed to be maintained in the Shady Oaks
Sub d i vis ion. The S had y 0 a k s Sub d j. vis ion i s c h a r act e r i zed by 1 a r g e
wooded lots, approximately 40% of which are undeveloped. There is a
very low degree of non conforming use located in this neighbor'hood.
These factors, when combined with the previously noted pattern of
*PLEASE REFER TO APPENDIX B
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Preliminary Zoning
Page 20
single family development extending southward from Bayside Terrace
justify maintaining the R-1 status of this neighborhood.
4' -fl.e- -p&r't-i.-t>n- -{)-f- -A-r-€-&- -I -V- -l-y4 -ng- ~ ~ ~- ~-o-n-y- -a-nd-- -S-h-a-d-y- -O.a-k-.s
~~-i.~~-~~-~Fe~e5ea-tB-~-~-a&-Pij~-~~-~~-y~gQ~ly4Hg-~~
~~-~~4~flfl~4~--ef--Mia--~-~~~-D€~~4~~--R8&~a8Rt~a*r---~~-~~
~~i~-a-~I~--~ewftfie~5e-~I~--~eeatea-~~-~~--G@1@R~-~
-&u-rrr-i-s-e- - f)-r1. 'Ve-; - - - 'ffie - -l"-efIta-~rtd-e-~ - -{)-f- - -t:.l1 e- -&e-e-t;.:i:-e-r-r - -i-&- - ~ee atea- -w.e-s-t.. -..0-[-
~~~~~--~~~~~~~-~ee~i&~-eeR~a~R5-5~*-54flg~e-~~~~-y-~~
~-~-~~~--~-efle-e~--pe5ttl~e--w~tl1--agrie~~t~ra*--&~:i:-1G:i:-~~&r---~~-~~~
~~ -u-rrd-e-v-e-I-o-p-e-d-.-
~4r_4e__~1t;._~~~_~U~_~~I~_co~t~ols_~~_best__sec~e_~_
_~~~_ef_~~~_~4~~_~~~&~~o~~oods_~~~_~_Cit~_as_~~.
-~-eeHtre~6-~i-l-l--~:i:-~e--~~€-~~~~-ageqYat~-~~~-o!-~~~
_~~_~~€fl__as_~~_~~~__~t~1~t~8s_~_~~__w~ic~_~_i~__~
-~t~~-~~4~--ef--~~-~~~~~--at-~~,-~-w€11--a~-~~~~~
c-o-n-1;-p-Q- }- - B-Y e ~ - -d-en-5- i:-t-y-,- - a ~ e ~ 4 tee t \,1 of' a J. - --s-t-a.n-d-a-r -d-s-r - pi - +' k 1.a -IH3 - ....d.edic-a.t..io.n-r
-att<t -a-c-c-e--s-s- -tv -Bo-g-g-y- -B-a-y-ou-.- 1~
This concludes the preliminary report regarding zoning and
Comprehensive Plan issues regarding the newly annexed areas of La
Porte.
This report represents the best efforts of the PI ann ing &
Zoning Commission, City Staff, and the City Attorney's office to
integrate into the City's Comprehensive Plan, this newest area of La
Porte.
*PLEASE REFER TO APPENDIX B
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Preliminary Zoning
Page 21
The La Porte Planning & Zoning Commission endorses this report as
ammended by appendices A & B as an appendix to the City's
Comprehensive Plan.
April 27, 1989
Respectfully Submitted,
~.,/
Chairman, Planning& Zoning Commission
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ilJAN ORDINANCE Ex'rENDING 'rilE CORPORJ\'l'E LIMI'l'S OF TilE CI'rY OF LA POR'!'E,
I !i'j'EXAS, '1'0 EMBRACE AND INCLUDE 'rERRITORY WITHIN CER'rAIN BOUNDARIES
If: COMPRISING TilE BAYSHORE MUNICIPAL U'l'ILI'l'Y DIS'rRICTj ANNEXING TO 'rilE
II}'C I'l'Y Ol~ LA PORTE, '1'EXAS, '1'ERRITORY WI'rHIN SUCH BOUNDARIES; APPROVING
II:I'A SERVICE PLAN FOR SUCH TERRITORY; MAKING FINDINGS AND OTHER
: ;PROVI S IONS RELATED '1'0 '1'IIE SUBJECT; AND PROVIDING SAVING AND
\., SEVERABILITY CLAUSES.
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i ~'Rule Charter granting the City Council the power by ordinance to fix
i: the boundary limits of the City of La Porte and to provide for the
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! !extension of said boundary limits, and the annexation of additional
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i. territory lying adjacent to the City. This annexation proceeding is
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ii' conducted pursuant to the authority granted by said" Ilome Rule
:11 Charter; by Article 1175, Revised Civil Statutes; and by the
!I! Municipal Annexation Act of 1963, compiled as Chapter 43, Texas
:: Local Government Code, including, but not limited to, the authority
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II; to annex municipal utility district by a home-rule municipality,
i: contained in Section 43.072, 'l'exas Local Government Code.
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ORDINANCE NO. 1626
DE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
'I'he City of La Porte has heretofore adopted a 1I0me
Section 2.
The City Council of the City of La Porte hereby
finds, determines and declares that the hereinafter described
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territory is composed of two (2) tracts, one of which is adjacent
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contiguous to the present city limits of the City of La Porte,
the other 01 which is not contiguous to the City of La Porte;
that said territory lies within the exclusive extraterritorial
; jurisdiction of the City of La Porte, and that the annexation of
~said territory to the City of La Porte will promote the general
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thealth, safety and welfare'of persons residing within the City and
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!:within the hereinafter described territory.
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Section 3.
The City Council of the City of La Porte has
ii' heretofore, on August 22, 1900, passed and approved Ordinance No.
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l~services to the area comprising the Dayshore Municipal Utility
:!:District, proposed to be annexed by the City of La Porte.
!~ The City Council of the City of La Porte has heretofore, on
IPseptember 12, 1908, passed and approved Ordinance No. 1602,
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1 ri EXHIBIT A
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i OUOINANCE NO. 1626
Page 2
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: !approving a Service Plan for the extension of municipal services to
ilthe area comprising the Dayshore Municipal Utility District,
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'. :proposed
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to be annexed by the City of La Porte, as prepared by the
I~CitylS Department of Community Development,
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'l'he City Council of the City of La Porte has heretofore, on
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~~cto~er 10: 1900"pas~ed and appro~ed Ordinance No. 1609, declaring
'I: 1 ts intention to institute proceedings to annex the hereinafter
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i;described territory, comprising the Dayshore Municipal Utility
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l;Oistcict.
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!'November 7, 1900, at the Dayshore Elementary Cafetorium, 301 Day
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I:oaks, La Porte, Texas, being a location within the territory
:proposed to be annexed, and on Novembe r 14, 1900, at the Ci ty lIall
I~Of the City of La Porte, at which public hearings all interested
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I~parties were given an opportunity to be heard, and the proposed
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iliService Plan was made available for public inspection and explained
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II 'ito the inhabitants of the Dayshore Municipal Utility District.
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Il~otice of such public hearings was given by publication of Ordinance
l~~o, 1609 in the Dayshore Sun on October 26, 1908 and November 2,
1~1900' said newspaper having general circulation in the City of La
)It:orte and in the ter:,~tory proposed to be annexed. Such notices and
; :hearings were afl in conformity with the Municipal Annexation Act of
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;]1963, codified as Chapter 43, Texas Local Government Code, as
Two public hearings were called, and were held on
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i,'amended.
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" Section 4. The City Council of the City of La Porte hereby
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: ;institutes annexation proceedings as to the following described
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i :~erritory, and the same is hereby declared annexed to the City of La
i:;porte, '!'exas, and the boundary limits of the City of La Porte,
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\:Texas, be, and the same are hereby, extended to include the
!;follOwing described territory within the city limits of the City of
i.'liL. Po,'., and 'he .am. shall h.,aafta, be 'naludad w'th'n tha .
i'territorial limits of the City of La Porte, and the inhabitants
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:I:thereof shall hereaf.ter be entitled to all rights and privileges of.
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;liOL:hCr citizens of. the City of La Porte, and they shall be bound by
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I :the acts, ordinances, resolutions and regulations of the City of La
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EXHIBrr A
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': :OHUIN^NCE NO. 1626 Page 3
i'~O'te, effectlve Decembe' 31, 1988, the completion date of thl,
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lilrnnexatio~ proceedinb~' , .
Ii Section 5. Su Ject to all sections of this ordinance, the
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I icorporate limits of the City oE La Porte, Texas, are hereby extended
! ito embrace and include all of the territory within the boundaries
i~set out in Exhibit "8", which exhibit is attached hereto,
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,:lncorporated herein by this reference and made a part hereof for all
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'purposes, and such territory is hereby annexed to and made a part of
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,the City of La Porte, 'l'exas for general purposes, effective December
1'31,1900.
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^ Service Plan for the territory wtthin the
Section 6.
!boundaries set out in Exhibit "8" is hereby approved as part of this
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,ordinance. Such Service Plan is set out in Exhibit "A", which is
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I,attached hereto, incorporated herein by this reference and made a
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!l~art hereof for all purposes.
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;1in anywise affect any other ordinance annexing territory to the City
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loE La Porte, or any other ordinance heretofore passed on one or more
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I'readings and not yet passed on final reading, annexing any territory
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l~to the City of La Porte, but such other ordinance or ordinances
:,isha11 remain and continue to be effective to their intent and
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;':purpose as therein stated, wholly unaffected in any way or manner by
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Litlle passage of this ordinance. 'rhis ordinance shall not in anywise
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I,be Impaired or affected by any other ordinance heretofore introduced
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'lor passed on any reading, whether final or not; nor shall it be
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I iaffected by any other ordinance which may hereafter be introduced or
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l~passed on one or more readings, pending the final passage of this
!~ordinance; and this ordinance shall be effective to its intent and
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:~purpose as hereinabove stated, wholly unaffected by any other
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irannexation ordinance introduced and passed or hereafter introduced
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I;,and passed on any reading, whether final or not final, annexing
i~~erritory to the City of La Porte, and wholly unaffected by any
iliordinance heretofore or hereafter passed calling a hearing and
1~~iVing notice relative to the institution of any annexation
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Section 7.
This Ordinance shall not repeal, impair, modify or
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II'iOltD! NANCI~ NO. 1626
jl~roceedings. The procedure initiated hereby and the annexation
!~roceedings instituted hereunder shall be independent of any other
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: propose an pen Ing annexatlon o( suc terrltory, an such other
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!Iproceedings shall not be affected hereby.
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I ~nd its City Council to comply with all applicable provisions of the
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! ~ity Charter and of the Constitution and Laws of the Federal
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j~overnment of the United States of America and the State of Texas,
I~~nd this ordinance shall be interpreted and construed in harmony
!I:therewith.
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Il:recites and declares that a sufficient written notice of the date,
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ll~our, place and subject of this meeting of the City Council was
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li!posted at a place convenient to the public at the City Hall of the
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I City for the time required by law preceding this meeting, as
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I.required by the Open Meetings Law, Article 6252-17, Texas Revised
I~ivil Statutes Annotatedj and that this meeting has been open to the
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i public as required by law at all times during which this ordinance
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I ~nd the subject matter thereof has been discussed, considered and
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I 'formally acted upon. 'The City Council further ratifies, approves
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: :ilnd confiflns such written notice and the contents and posting
Page 4
Section 8.
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It is the intention of the City of La Porte,
'rexas,
The City Council officially finds, aetermines,
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Ithcreof.
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\1:' ~~~tion 10. Should any section or part of this ordinance be
'iheld unconstitutional, illegal or invalid, or the application
[thereof ineffective or inapplicable as to any territory, such
:unconstitionality, illegality, invalidity, or ineffectiveness of
,'such section or part shall in no wise affect, impair or invalidate
,I!the remaining portion or portions, the same shall be and remain in
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l,fUII force and effectj and should this ordinance for any reason be
I~incffective as to any part of the territory hereby annexed to the
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Ifity of La Porte, such ineffectiveness of this ordinance as to any
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I ~lICh part or parts of any such territory shall not affect the
,lffectiveness of this ordinance as to all of the remainder of such
l~territorY, and the City Council hereby declares it to be its purpose
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i r; ,: EXHIBIT A
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I {ORDINANCE NO. 1626
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lito annex to the City of La Porte every part of the territory
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i l~escribed in Exhibit "D" of this ordinance, regardless of whether
! [any other part of such described territory is hereby effectively
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I 'annexed to the City,
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! 'in the description of the territory set out in Exhibit "D" of this
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il6rdinance to be hereby annexed to the City of La Porte, any lands or
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I~~rea which are presently part of and included within the general
i 'limits of the City of La Porte, or which are presently part of and
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I tincluded in the limits of any other city, town, or village, or which
I!are not within the jurisdiction or power of the City of La Po~te to
l~nnex, the same is hereby excluded and excepted froJ the territory
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lito be hereby annexed as fully as if such excluded and excepted area
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\were expressly described herein.
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I ~ouncil of the City of La Porte to annex to the City of La Porte,
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i ~ll of the territory comprising the Dayshore Municipal Utility
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:IDiSLr ict.
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i[! ' Section 11.
Ilrnd approval. The annexation proceeding approved by this ordinance
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jishall be effective December 31,1908.
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! Ifl ty See r eta r y
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1[\ i '6::q{ cJ te;~~
:c ty Attorney
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Provided, further, that if there is included
It is the intention of the City
This ordinance shall be effective upon its passage
PASSED AND ~PPROVED, this 12th day of December, 1900.
CITY OF LA PORTE
BY /,1 ,~~.7 4:/~_.
~~n L. Malone, Mayor
'EXHIBIT A
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EXIH DI'I' II A"
Page 1 of 4
SERVICE PLAN
FOR
A TRACT OF LAND COMPRISING
TilE DAYSIIORE MUNICIPAL U'l'ILI'l'Y DIS'l'RIC'l'
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Iii I. INTRODUC'l'IOl'!
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Iii 'rhis Service Plan ("Plan") is made by the City of La Porte,
I~Texas ("City") pursuant to Section 43.056, of the Texas Local
I~Government Code ("Code"). This Plan relates to the annexation by
! 'the City of a tract of land ("Tract") comprising the Dayshore
i~Munlciral Utility District. The Tract is described by metes Dnd
ll.bounds on Exhibit liD" which is attached to this Plan and to the
!~~nnexation ordinance of which this Plan is a part.
!111I, TERM; EFFECTIVE DATE
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1[\1 This Plan shall be in effect for a term of ten years
lcommencing on the effective date of the annexation of the Tract.
I'Renewal of this Plan shall be at the discretion of the City. Such
l~opiton may be exercised by the adoption of an ordinance by the City
I !Council which refers to this Plan and specifically renews this Plan
llfor a stated period of time.
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: 'Ill. SERVICE PROGRAMS
I,i: A. In General. 'I'his Plan includes two service programs: (i)
: Ilhe Early-Ac"t-ion Program, described below, and (il) a Capital
i \lmprovement Program, described below.
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i: B. ?cope and Quali~of Services. Services under this Plan
,'shall equal or exceed the number of services and the level of
! [services in existence in the Tract prior to annexation. However, it
i 'is not the intent of this Plan to require that a uniform level of
. :services be provided to all areas of the City (including the Tract)
: ;where differing char<w.teristics of topography, land utilization and
Ilpopulation density are considered as sufficient basis for providing
il;dil'fCrin9 servic~ levels.
:: C. Q.~fin_~tior~?.-:..
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\I! 1. As used in this Plan, providing services includes
::having services provided by any methods or means by which the City
:~extends municipal services to any other area of the City. This may
IlliflCIUde causin(J or allowing private utilities, governmental entities
: ,and other public service organizations to provide such services, in
! Iwhole or in part.
i.
,: 2. As used in this Plan, the phrase "standard policies and
l'procedures" means those policies and procedures of the City
: lapplicable to a particular service which are in effect either at the
11time that the service is requested or at the time that the service
ilis made available or provided. The policies and procedures may
i1require that a specific type of request be made, such as an
I \application or a petition. They may require that fees or charges be
! iraid, and they may include eligibility requirements and similar
) :provisions.
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1/'': ,1. Statutory_~~~~. The statutory services will be
! 'provided within the 'I'ract withtn sixty days after the effective date
1\;Of this Plan, except as otherwise indicated. The statutory services
1,lare as follows:
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D.
~~~ly Action Program.
EXHIBrr A
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! I' a. police Protection. 'rhe police Department of the
I ICity will provide protection and law enforcement in the Tract.
!!These activities will include normal patrols and responses, the
I ihandling of complaints and incident reports, and other usual and
i Icustomary police services.
i I
!! b. Fire Protection. 'rhe Fire Department of the City
i iwill provide fire p~otection in the Tract.
,I
EXUIBI'!' "A"
Page 2 of 4
c. Solid Waste Collection. Residential collection
services will be provided by City forces. Non-residential services
iand future residential service will be governed by standard policies
land procedures.
" d, Maintenance of Water and Wastewater Facilities.
"'l'hose water and wastewater facilities included in the Capital
11,\ImprOvement Program, below, will be maintained by an appropriate
rdivision of the Department of Public Works or, for a limited period
li~oE time, by the Dayshore Municipal Utility District which is to be
,;dissolved. Should any extensions of such facilities'be made within
1I!the 'l'ract, normal maintenance servcies will be provided.
if': e. Maintenance of Public Roads and Streets
i :L~~_~_!...~cl)n'L..!.-~'ll:!.tingl' 'rhe Department of Public Works will provide
II:malntenance of roads and streets over which the City will have
il,jurisdiction. (See Capital Improvement Program, below.) 'rhe City
q'oE La Porte will provide services relating to traffic control
"devices Eor such roads and streets, and will maintain existing
jl\1pUbliC street lighting Eor such public roads and streets through the
! :Houston Lightin & Power Company or by other means.
II
i i' f. Maintenance of Par~!.~~l1nds and Swimming
l,pools. 'l'here are no existing Public Park facilities to be
. inarnTained. Should any such facilities be constructed by the City
'I within the 'rract, the Department of Parks and Recreation will
,'provide maintenance services for them.
1," "\.. it
i r; g. Maintenance of A_!!L9ther publ icly-owned l':.~<:.:L!.!:..~
l:i!ll:'~!ccl..!.~L9.!-r~E;.~' Any other publicly-owned facility, building,
lor service lncluded in the Capital Improvement Program, below, will
l~be maintained by an appropriate City department, as needed; unless
','such publicly-owned facility, building, or service, is dedicated to,
I~owned by, or provided by other public agencies. Should any such
l~facilities, buildings or services be constructed or located by the
;i,City within the 'rract, an appropriate City department will provide
irmaintenance services for them.
I':
ll;~ 2. Additional Services. Certain services, in addition to
I,;the statutory services, will be provided within the '!'ract to the
II'same ell.tent they are provided to similar territories elsewhere in
tthe City. These are as follows:
i~. a, Library services from existing facilities and
i 'future facilities outside the Tract.
I:
1\ i b. Health services in accordance with standard
I, 1" d d
1:[>0 lCles an proce ures.
Ii c. Emergency rescue and ambulance services by the
,,:City's Emergency Medical Services Division, in accordance with
: [standard policies and procedures.
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d. Enforcement of City codes and ordinances.
EXHIBIT A
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d: ~:, Ca2.!.~al II!P..rov~l!!ent P!'..~r:..am. The City will initiate the
11\ 'construction or acquisition of capital improvements necessary for
! ' providing municipal services for the Tract. Those improvements
ill which are necessary are indicated below, and any necessary
i,l construction or acquisition shall begin ~lithin two years of the
!~ effective date of this Plan, except as otherwise indicated.
,I;
'I: 1. police Protection. Police protection for the Tract can
Ii" be provided byusing existing capital improveme'nts. Additional
I; capital improvements are not necessary at this time to provide
, pol ice protection to the Tract. However, the 'rract will be included
\! with other territory in connection with planning for new, revised or
i: expanded police facilities.
I;, 2. fire Protection. fire protection for the 'rract can be
: i provided by using existing capital improvements. Additional capital
I !improvements are not necessary at this time to provide fire
I I protection to the Tract. However, the Tract will be included with
I,;,other territory in connection with planning for new, revised, or
I' 'expanded fire-fighting facilities. '
I!
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: I ). Solid Waste Collection. No capital improvements are
! I' necessary at t11IStrme-to provlde solid waste collection services
:. within the 'rract as described in the Early Action Program. However,
I; the 'rract will be included with other territory in connection with
It planning for new, revised or expanded solid waste facilities.
Ii 4. Water and Wastewater Facilities. Those water and
I! j wastewater facIlities (including any under construction) owned by
, I nayshore Municipal Utility District will be acquired by the City.
:: Vuture extensions of public water or wastewater facilities will be
:' yo~erned by standard policies and procedures, and the Tract will be
i' included with other territory in connection with planning for new,
!,'revised or expanded public water and wastewater facilities. With
l' respect to utility district facilities and utility district funds to
!I' be acquired the City will:
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i' a. assume all reasonable commitments and contracts
i: made by the district in the ordinary course of business prior to the
i i dis~olution of the district, conditioned upon sufficient capacity
I! haVing been provided for by the district;
I'
! I b. assist the district with bond approval and sale for
i I planned capital improvements which are in keeping with the City's
! i water and wastaewater systems;
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! i c. expedite the approval of plans and bond
ii', applications in order to meet the time constraints imposed by
I: annexation and the dissolution of the district;
; I '
:/1 d. allow the district's residents and property owners,
',! who have or would have contributed to the retirement of district
If: bonds prior to annexation, a reasonable opportunity to obtain the
': use of utility capacity of the district'S bond funds have been used
Iii to pay for such capacity; and
!11
:;: e. expend unobligated proceeds of the district's bonds
II: for projects which are consistent with the purposes for which the
I' proceeds may be lawfully used, which may include providin9 water,
ill wastewater or drainage services for residents and properties within
lit the boundaries of the annexed district, such projects to be
!\ undertaken in a timely manner.
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EXIH 81'1' n An
Page 3 of 4
5. ~oads ~nd Streets (i~cludi~~~~. In general,
City will acquire dominion, control, and jurisdiction in, over
under public roads and streets within the Tract upon annexation,
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ll)ursuant to art. 1175, V.A.T.S., and similar provisions, subject to
: the jurisdiction of other governmental entities. Additional roads,
l~treets or related facilities are not necessary at this time to
perve the Tract. Future extensions of roads or streets and future
installation of related facilities such as traffic control devices
lor street lights will be governed by standard policies and
l ~rocedures. The Tract will be included with other territory in
I ~onnection with planning for new, revised, widened or enlarged
I toads, streets or related facilities.
III, 6. Parks, Pl~..9..rounds and Swimming Pools. These serv ices
l,'can be prov ided-l)y-liSTng ex-is dng capi.tar~mprovements. Add i tiona I
I Fapital improvements arc not necessary at this time to provide such
llrervices to the 'rract. However, the 'rract will be included with
lather territory in connection with planning for new, revised or
li~xpanded parks, playgrounds and swimming pools.
Ill' 7. Ot~~r publicl~ed l'acilities, Ouil~)nqs or Serv~!..
i!\(k!..!~io~al Servlces. In general, other City functions and serVlces,
I' and the additional services described above, can be p"rovided for the
'rract by using existing capital improvements. However, those
idrainage facilities (including any under construction) owned by
I payshore Municipal Utility District will be acquired by the City.
Additional capital improvements are not presently necessary.
! Ilowever, the Tract will be included with other territory in
! connection with planning for new, revised or expanded facilities,
, functions and services, including the additional services described
1 '
I above.
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j( This Plan may not be amended or repealed except as provided by
:Ithe Code or other controlling law. Neither changes in the methods
I;or means of implementing any part of the service programs nor
~\\anges in the responsibilities of the various departments of the
II'City shall constitute am.endments to this Plan, and the City reserves
! t.he r iyht to make such.changes. 'l'his Plan is subject to, and shall
I~e interpreted in accordance with the Code, the Constitution and
~aws of the United States of America and the State of Texas, and the
brders, rules anJ regulations of governmental bodies and officers
l~. avin9 jurisdiction.
, ~
~. PORCE MAJEURE
\1; Should a force majeure interrupt the services described herein,
, the City shall resume services under this Plan within a reasonable
I time after the cessation of the force majeure. "Force majeure", for
the purposes of this Plan, shall include, but not be limited to,
I~cts of God, acts of the public enemy, war, blockade, insurrection,
I~iots, epidemics, landslides, lightning, earthquakes, fires, storms,
.,floods, washouts, droughts, tornadoes, hurricanes, arrests and
I!restraints of. government, explosions, collisions and any other
! inability of the City, whether si~ilar to those enumerated or
l.lotherwise, which is not within control of the City.
Ii
\yr. ENTIRE PLAN
It-
II This document contains the entire and integrated service plan
I~~latiny to the Tract and supercedes all other negotiations,
itepresentations, plans and agreements, whether written or oral.
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EXHIBIT "A"
Page 4 of 4
AMENDMENT; GOVERNING LAW
EXHIBIT A
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I! BEGINNING at the Southeast corner of the R.V. Whiteside 62.512
I'acre tract, located in the West right-of-way line of State nighway
I,NO. 146, said corner being also the Northeast corner of that certain
l:portion of Shore Acres Addition lying West of State lIighway No. 146,
f:and being approzimatedly 5,500 feet South and 5,950 feet East of the
II Northwest corner of the W.P. narris Survey, Abstract 30;
j ~ :
i)' 'l'lIl::NCE North 09 deg. 59'45" West, along the South line of said
I IR,V. Whiteside 62.512 acre tract, same being the North line of said
I.Shore Acres Addition, a distance of 5,516 feet, more or less, to a
I: point for corner in the East right-of-way line of the G.H. & S.A.
II'Railroad, such point being the Northwest corner of said Shore Acres
I .addition and the Southwest corner of said R.V. Whiteside 62.512 acre
lltract; ,
I!,
I iline of the G.II. & S.A. Railroad, said line being along the West
,',[ Lines, respectively, of the R.V, Whiteside 62.512 acre tract, the
llHalPh Liles 52.12 acre tract, the Robert F. lIarris 107 acre tract,
I ;and the Charles E. McCabe 20 acre tract, and continuing along said
l'East right-of-way line of the G.II. & S.A. Railroad, a total distance
f,of 2,350 feet, more or less, to a point of intersection with a
westerly projection of the North right-of-way line of McCabe Road;
ExnIBIT "B"
Page 1 of 2
DOUNDARIES OF TWO TRACTS OF LAND
'mE BAYSIIORE MUNICIPAL U'l'ILI'l'Y
AS DESCRIBED IN
VERNON'S TEXAS ANNOTATED CIVIL
AR'rICLI': 0200-260
COMPRISING
OIS'l'RICT
STA'l'U'rES
'l'RACT NO. I
'l'lIENCE in an Easterly direction with said Westerly projection
t:of said North right-of-way line of McCabe Road with said North
II ri'.Jht-of-way line, same being along the South lines of the B.F.
~Weems 74 acre tract and Tidewood Addition, and continuing in the
['same Easterly direction across State lIighway 146, a distance of
/1(5,950 feet, more or less, to a point of intersection with the East
t !:right-of-way line ofi.. .state Highway 146;
1 ~I': 'rIlENCE in a Southerly direction along said East right-of-way
!,:.I ine of State 1I1ghway 146 a distance of 100 feet, more or less, to
il;the North line of Pine Bluff Addition;
11'1
,il '['IIENC!:: in an Easterly direction along said North line of pine
,',Bluff Addition, a distance of 1,350 feet, more or less, to a point
jl'l,on the West Shoreline of Galveston Bay;
j I';
II" TIIENCE in a generally Southerly and Easterly direction along
I~:the meanders of the West Shoreline of Galveston Bay, same being
l,:along the East lines, respectively, of Pine Bluff Addition, uayside
I'Terrace Addition and Bay Oaks Addition, and the W.M. Rose 1.00 acre
!, tract, a distance of 3,000 feet, more or less, to the southeast
I!'corner of said W.M. Rose 1.00 acre tract, same also being the
Il,Nurtheast corner of Shore Acres Addition;
II,
il\" 'l'IIENCE in a Westerly direction along the South lines of the
, W.M. Rose 1.00 acre tract, 0.39 acre tract, and 0.200 acre tract,
I I same being along the North line of said Shore Acres Addition, and
I! continuing in the same Westerly direction, crossing State lIighway
11146, a distance of 3,000 feet, more or less, to a point in the West
I ~'ri(Jht-of-way line of said State Highway 146;
I L 'l'HF:NCI~ in a Northerly direction along said West right-of-way
1~,line of State Highway 146, a distance of 125 feet, more or less, to
1I"the Southeast corner of the R.V. Whiteside 62.512 acre tract, the
l'I"point of beginning, said area lying wholly within the W.P. Harris
!\',slIrvey, Abstract 30, Ilarris County, 'rexas, and containing 396 acres
l~rr 0.62 square miles, more or less.
L
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EXHIBIT A
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EXHIBIT "B"
Page 2 of 2
TRACT NO. 2
I,
I BEGINNING at the Northwest corner of shady Oaks Addition in
the East right-of-way line of state Highway 146, same being the
,,$outhwest corner of that certain portion of Shore Acres Addition
lying East of State Highway 146;
I
J THENCE Easterly along the North lines, respectively, of Shady
,Oaks Addition, the Lloyd T. Moody 14 acre tract and the J .G. Head
:42.5 acre tract, the same being along the South line of Shore Acres
~ddition, a distance of 6,200 feet, more or less, to a point on the
'West Shoreline of Galveston Day;
:1 THENCE in a generally Southerly and Easterly direction along
the meanders of the West Shoreline of Galveston Day, same being
~long the East line of said J.G. Head 42.5 acre tract, a distance of
l,OOO feet, more or less, to the Southeast corner of the J.G. Head
.42.5 acre tract;
!l THENCE Westerly with the South lines, respectively, of the J.G.
Head 42.5 acre tract, the Lloyd T. Moody 14 acre tract, and Shady
Oaks Addition, same being along the North line of the Humble Oil and
,~efining Company tract, a distance of 6,800 feet, more or less, to a
point in the East right-of-way line of State Highway 146, said point
being the Southwest corner of Shady Oaks Addition;
'\ THENCE Northerly along the East right-of-way line of State
~ighway 146, same being the West line of Shady Oaks Addition, a
'distance of 750 feet, more or less, to the Northwest corner of said
'rhady Oaks Addition, the point of beginning, said area lying wholly
~ithin the W.P. Harris Survey, Abstract 3~, Harris County, Texas,
~nd containing 108 acres or 0.17 square mlles, more or less.
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- NEWL Y ANNEXED
--
L AREAS OF LA PORTE
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.",..~ LAND USE MAP
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CITY OF ~ SHOREACRES .~
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lOW DENSITY RESIDENTIAL USES
MID TO HIGH DENSITY RESIDENTIAl:. USES
COMMERCIAL USES
COMMERCIAL INDUSTRIAL USES
INDU$TRIAl USES
PUSlIC USES
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OF
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EXH\B\T C
CITY OF LA PORTE
OFFICIAL PARKS 8 RECREATION MAP
AREA ANNEXED BY ORD. 1626
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SCALE' 1", 1000'
0 500 1000 2000
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AMrH~Y L-..<.E
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LEGEND
R- LOW DENSITY RESIDENTIAL
R-2 MEDIUM DENSITY RESIDENTIAL
R- 3 HIGH DENSITY RESIDENTIAL
NC NEIGHBORHOOD COMMERCIAL
PUD PLANNED UNIT DEVELOPMENT
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SHOREACRES
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APENDICES A & B
TO THE
e
PRELIMINARY REPORT REGARDING PERMANENT ZONING CLASSIFICATIONS TO BE
ASSIGNED TO PROPERTY ANNEXED INTO THE CITY OF LA PORTE BY ORDINANCE
#1626
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APENDIX A
AREA I
(See Exhibit. E)
The Planning & Zoning Commission, on April 27, 1989, amended the
Area I Land use des i.gnat :i.ons as fol] OWS :
The land use designat.ion of the prop~rty located between the Shady
River Subdivision and McCabe Road has been changed from Mid to High
Density Residential to Low Density Residential (See Exhibit B1). This
tract is bounded by South Broadway to the east and Taylor Bayou
(western branch) to the west.
The Commission is now recommending an overlaying zoning
elassjf:icaU.on of PUD for this tt'act (See Exhibit D1). The PUD
classificat:ion replaces the original staff recommendation of R-2, Mid
Dens:it.y Res:iclential.
There at'e no further changes pt'oposecl for Area I.
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APENDIX B
AREA IV
(See Exhibit E)
The Planning & Zoning Commi.ssion,on April 27,1989, amended the
land u~e designations within Area IV as follows:
The Jand use designation for the portion of Area IV lying between
the Shady Oaks and Bay Colony Subcli vjsion~; lnl~' been changed fr'om Hid
to High Density Residential to Low Density Residential (See Exhibit
B1)
The recommended zoning classification of PUD has not changed (See
Exhibit D1).
There are no further changes proposed for Area IV
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R- 3 HIGH DENSITY RESIDENTIAL
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THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
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NOTICE OF PUBLIC HEARING r
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In accordance with the provlslons of Ordinance 1501, the City
of La Porte Zoning Ordinance, notice is hereby given that the La
Porte City Council will conduct a Public Hearing at 6:00 P.M. on
the 22nd day of May, 1989, in the Council Chambers of the City
Hall, 604 West Fairmont Parkway, La Por~e, Texas. The purpose of
the Public Hearing is to consider assignment of permanent zoning
classifications to the newly annexed areas which formerly
comprised the Bayshore Municipal Utility District.
Maps showing the proposed zoning are available for public
viewing at the City Hall of the City of La Porte on week days,
between the hours of 8:00 A.M. and 5:00 P.M.
Citizens wishing to address the Council pro or con during the
Public Hearing will be required to sign in before the meeting is
convened.
CITY OF LA PORTE
Cherie Black
City Secretary
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La Porte; Texas 77571
(713) 471-1234
re SUD
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undersigned authority, on th~~ date
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carne and appeared Sandra E. Bumgarner, duly authorized
agent of The Bayshore Sun, a semi-weekly newspaper
published in La Porte, Harris County, Texas, and who
after being duly sworn, says the attached notice was
published in The Bayshore Sun of May 07, 1989
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Sandra E. Bumgarner
Office Manager
Sworn and subscribed before me this /:2
A . D. 19 Y9 .
day of
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Notary Public
Harris County,
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PUD PLANNED UNIT DEVELOPMENT
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EXHIBIT "B"
Page 1 of 2
.
BOUNDARIES OF TWO TRACTS OF LAND COMPRISING
THE BAY SHORE MUNICIPAL UTILITY DISTRICT
AS DESCRIBED IN
VERNON'S TEXAS ANNOTATED CIVIL STATUTES
ARTICLE 8280-268
TRACT NO. 1
BEGINNING at the Southeast corner of the R.V. Whiteside 62.512
acre tract, located in the West right-of-way line of State Highwayi '
No. 146, said corner being also the Northeast corner' of that certain
portion of Shore Acres Addition lying West of State Highway No. 146,
and being approzimatedly 5,500 feet South and 5,950 feet East of the
Northwest corner of the W.P. Harris Survey, Abstract 30;
THENCE North 89 deg. 59'45" West, along the South line of said
R.V. Whiteside 62.512 acre tract, same being the North line of said
Shore Acres Addi~ion, a distance of 5,516 feet, more or less, to a
point for corner in the East right-of-way line of the G.H. & S.A.
Railroad, such point being the Northwest corner of said Shore Acres
addition and the Southwest corner of said R.V. Whiteside 62.512 acre'
tract;
THENCE North 7 deg. 18'32" West, along said East right-of-way
line of the G.H. & S.A. Railroad, said line being along the West
lines, respectively, of the R.V. Whiteside 62.512 acre tract, the
Ralph Liles 52.12 acre tract, the Robert F. Harris 107 acre tract,
and the Charles E. McCabe 28 acre tract, and continuing along said
East right-of-way line of the G.H. & S.A. Railroad, a total distance
of 2{350.feet, more or less, to a point of intersection with a
Westerly' projection of the North right-of-way line of McCabe Road;
THENCE in an Easterly direction with said westerly projection
of said North. right-of-way line of Mc~abe Road with said North
.right-of-way line, same being along the South lines of the B.F.
Weems 74 acre tract and Tidewood Addition, and continuing in the
same Easterly direction across State Highway 146, a distance of
5,950 feet, more or less, to a point of intersection with the East
right-of-way line of State Highway 146;
THENCE in a Southerly direction along said East right-of-way
line of State Highway 146 a distance of 100 feet, more or less, to
the North line of Pine Bluff Addition;
THENCE in an Easterly direction along sAid North line of pine
Bluff Addition, a distance of 1,350 feet, more or less, to a point
on the West Shoreline of Galveston Bay;
THENCE in a generally Southerly and Easterly direction along
the meanders of the West Shoreline of Galveston Bay, same being
along the East lines, respectively, of Pine Bluff Addition, Bayside
Terrace Addition and Bay Oaks Addition, and the W.M. Rose 1.08 acre
tract, a distance of 3,000 feet, more or less, to the southeast
corner of said W.M. Rose 1.08 acre tract, same also being the
Northeast corner of Shore Acres Addition;
THENCE in a Westerly direction along the South lines of the
W.M. Rose 1.08 acre tract, 0.39 acre tract, and 0.288 acre tract,
same being along the North line of said Shore Acres Addition, and
continuing in the same Westerly direction, crossing State Highway
146, a distance of 3,000 feet, mo~e or less, to a point in th~:West
right-of-way line of said State Highway 146;
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THENCE in a Northerly direction along said West right-of-way
line of State Highway 146, a distance of 125 feet, more or less, to
the Southeast corner of the R.V. Whiteside 62.512 acre tract, the
point of beginning, said area lying wholly within the W.P. Harris
Survey, Abstract 30, Harris County, Texas, and containing 396 acres
or 0.62 square miles, more or less.
EXHIBIT G
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EXHIBIT "B"
Page 2 of 2
TRACT NO. 2
BEGINNING at the Northwest corner of Shady Oaks Addition in
the East right-of-way line of state Highway 146, same being the
Southwest corner of that certain portion of Shore Acres Addition
lying East of State Highway 146;
THENCE Easterly along the North lines, respectively, of Shady
Oaks Addition, the Lloyd T. Moody 14 acre tract and the J.G. Head
42.5 acre tract, the same being along the South line of Shore Acres
Addition, a distance of 6,200 feet, more or less, to a point on the
West Shoreline of Galveston Bay;
THENCE in a generally Southerly and Easterly direction along
the meanders of the West Shoreline of Galveston Bay, same being
along the East line of said J.G. Head 42.5 acre tract, a distance of
1,000 feet, more or less, to the Southeast corner of the J.G. Head
42.5 acre tract;
THENCE Westerly with the South lines, respectively, of the J.G.
Head 42.5 acre tract, the Lloyd T. Moody 14 acre tract, and Shady
Oaks Addition, same being along the North line of the Humble Oil and
Refining Company tract, a distance of 6,800 feet, more or less, to a
point in the East right-of-way line of State Highway 146, said point
being the Southwest corner of Shady Oaks Addition;
THENCE Northerly along the East right-of-way line of State
Highway 146, same being the West line of Shady Oaks Addition, a
distance of 750 feet, more or less, to the Northwest corner of said
Shady Oaks Addition, the point of beginning, said area lying wholly
within the W.P. Harris Survey, Abstrac~ 30, Harris County, Texas,
and containing 108 acres or 0.17 square miles, more or less.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Alenda Date Requested:
MAY 11, 1989
Requested By: ST AN SHERWOOD Depa..tment: PARKS & RECREATION
X Repo..t Resolution O..dinance
Exhibits:
1. CONCESSION MANAGEMENT SERVICES PROPOSAL
2. R.F.P.
3. CONTRACT
SUUUARY & RECOUURNDATION
REQUEST COUNCILS APPROVAL OF CONCESSION SERVICES AGREEMENT FOR SERVICES
AT LITTLE CEDAR BAYOU PARK COMPLEX. R.F.P.'S FOR LITTLE CEDAR BAYOU
PARK COMPLEX WERE ADVERTISED 4/28/89 AND 5/3/89. ONE PROPOSAL WAS
RECEIVED BACK ON 5/10/89.
CONCESSIONS MANAGEMENT SERVICE IS PROPOSING THE FOLLOWING PERCENTAGES
TO THE CITY OF LA PORTE. 30.51 FOR CONCESSIONS AT WAVE POOL AND 11.51
FOR CONCESSIONS AT THE SOFTBALL COMPLEX. THIS WOULD BE A THREE (3)
YEAR CONTRACT WITH A ONE YEAR OPTION.
ATTACHED IS THE PROPOSAL AND R.F.P.. STAFF RECOMMENDS AWARDING
CONTRACT TO CONCESSIONS MANAGEMENT SERVICE FOR CONCESSIONS SERVICES AT
THE LITTLE CEDAR BAYOU PARK COMPLEX.
Action Required by Council:
APPROVAL OF CONCESSION SERVICES AGREEMENT.
Availability of Funds:
Gene..al Fund
Capital I.p..ove~nt
Othe..
Wate../Wastewate..
Gene..al Revenue Sha..inl
Account Nuabe..:
Funds Available:
YES
NO
App..oved fo.. City Council A2enda
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Robe..t T. He....e..a
Cit y Manale..
5 lill8t1
Date
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ORDINANCE NO. 1649
AN ORDINANCE APPROVING AND AUTHORIZING A CONCESSION SERVICES
AGREEMENT FOR THE LITTLE CEDAR BAYOU PARK BETWEEN CONCESSION
MANAGEMENT SERVICES COMPANY AND THE CITY OF LA PORTE; MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the
contract, agreement or other undertaking described in the title of
this ordinance, in substantially the form as shown in the document
which is attached hereto and incorporated herein by this reference.
The Mayor is hereby authorized to execute such document and all
related documents on behalf of the City of La Porte. The City
Secretary is hereby authorized to attest to all such signatures and
to affix the seal of the City to all such documents.
Section 2.
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, Article 6252-17, Texas Revised
Civil Statutes Annotated; 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 22nd day of May, 1989.
CITY OF LA PORTE
BY
Norman L. Malone, Mayor
ATTEST:
Cherie Black
City Secretary
APPROVED:
~~
Knox W. Askins
City Attorney
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PROPOSAL NO. 0025
SPECIFICATIONS
FOOD, BEVERAGE AND CONCESSION ITEMS
CITY OF LA PORTE
LITTLE CEDAR BAYOU PARK & WAVE POOL
INTENT: To secure a Lease Agreement for the food and beverage
concession at two locations within the City of La Porte Little Cedar
Bayou Park. 1) Wave Pool, 2) Softball Complex.
1. All proposals must be on the form contained herein, signed in the
space provided and accompanied by a surety bond, certified or
cashier's check in the amount of $1,000.00 and made payable to the
City of La Porte and included in a sealed envelope marked "RFP
0025 FOR FOOD, BEVERAGE AND CONCESSION ITEMS."
2. No additions, alterations or conditions other than those requested
in this proposal will be permitted. The restatement, modification
or alteration of any part of this proposal will void the Proposal.
Letters of transmittal, financial statements and evidence of
performance ability required to be submitted with the Proposal
must not conflict with any of the conditions or specifications.
3. The City reserves the right to accept or reject any or all
Proposals. The revenue figure quoted will not be the only factor
considered in making an award, The City Council shall be the sole
Judge as Lo the highest and best qualified responsible offeror to
serve the best interests of the public and may waive any
I n for ma 1 i tie SOl. t e c h n I c ale I. r 0 r s t hat, i nit s J u d g e me nt, will
best serve those interests.
4, In signing this proposal, the offeror agrees that he has, or they
have, carefully examined the si~e of the concession, the
conditions and specifications, and understands the meaning, intent
and requirements of same and agrees further to enter into a
written contract to furnish the items and services called for In
strict conformity with all requirements contained herein.
5, Each offeror shall submit on forms furnished herewith a statement
showing: (a) capital structure; (b) operating experience; (c)
present concession operations; (d) present other operations; (e)
gross revenues; (f) business references; (g) other qualifications.
Each offeror must have actively engaged for a period of at least
one (1) year in the operation of the food and beverage business
such as is contemplated by these specifications.
The subscriber, having familiarized himself with the legal
advertisement, instructions to offeror, Offeror's Proposal Form,
Specifications, Form of Lease Agreement in connection with the food and
beverage concession at the City of La Porte's Little Cedar Bayou Park &
Wave Pool, La Porte, Texas, hereby proposes to furnish the services and
the payment set forth herein according to said Notice to Offerors.
In further and full consideration of the exclusive food and beverage
concession lease gl.anted by the City of La Porte by and under said
Not Ice to Offerors, the subscriber agrees to pay the City of La Porte,
after first deducting from gl.OSS receipts any Federal, State, Municipal
or other governmental body taxes, import, duty, or fee which shall
constitute a direct chat'ge of imposition on sales, the percentages
which the subscriber shall set forth in his successful bid, upon the
following gross sales, It is understood that reports of gross sales
shall be made monthly with said reports made to the Director of
Finance, All payment shall be made monthly, payable to the City of La
Porte and delivered to the Director of Finance,
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RFP #
0025
PAGE 2
Cuncessionaire agrees to pay the City monthly rental, constituting a
percentage of gross sale of food and beverages, and any and all other
i t ems sol d, as follows:
percent (_%) for the period May 27, 1989 - December 1, 1989
percent (_%) for the period March 1, 1990 - December 1, 1990
percent (_%) for the period March 1, 1991 - December 1, 1991
percent (_%) for the option year, if approved, for the period
Ma r c h 1, 1992 - Decembe r 1, 1992.
NOTE:
Wave Pool concessions to operate from Memorial Day to Labor
Day only, each year,
Further, as part of its proposal, Concessionaire agrees
the public, the retail prices, exclusive of any sales tax,
Exhibit "13" pI'ice list attached hereto, incorporated
herein, and made a part hereof for all purposes.
to charge to
as shown on
by reference
The following is the full name and address of the person,
corporation interested in this proposal:
firm or
NAME
ADDRESS
(STATE OF CORPORATION)
(If not a corporation, state the form
proprietorship, partnership or otherwise, and
partners and their addresses.)
of business
give names
whether
of all
Also attached
S tat e me n t 0 f
Bidders.
hereto and
Qualification
made a
under
part hereof
Paragraph 5
is Concessionaire's
of Instructions to
SPECIAL CONDITIONS AND SPECIFICATIONS
1. EXECUTION OF CONTRACT: The Contract shall be signed and returned
by the successful offeror, together with the contract bond and
certificates of insurance within ten (10) days, not including
Sundays, after the offeror has received notice that the contract
has heen awarded. No proposal shall be considered binding upon
the City until execution of the Contract.
Failure to execute a contract and file an acceptable bond, as
provided herein, within ten (10) days, not including Sundays,
after the offeror has received notice that the contract has been
awal'ded, shall be Just cause fOl' the cancellation of the award and
forfeiture of bid bond surety.
:2, ASSIGNMENT: The contractor shall not assign, transfer, convey,
sublet or otherwise dispose of the contract, or any part thereof,
t 0 a II y per SOli , P a I' t n e r s hip, com pan y 0 reo r pOl' a t i () n with 0 u t p r i () r
written consent of the City of La Porte,
3, LAWS AND ORDINANCES: The Contraclol' shall procnre all permits and
licenses, pay all ellal'ges and fees necessary and incidental to the
due and lawful conduct of the services. He shall keep himself
fully Informed of all existing and futuI'e National, State and
Local Laws, ordinances and regulations which in any manner affect
the f u 1 f I 1101011 t 0 f t 11 e con t I' act and co mp I y wit h s a me .
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RFP #
'0025
PAGE 3
Contractor will be responsible for any and all additions and/or
changes in equipment design and layout necessary to comply fully
with local health and fire department regulations. Additional
electrical service, plumbing or drain lines shall be approved'by
the Parks and Recreation Director prior to planning installation,
and approved by the City Building Official. Actual installation
shall be according to all applicable State laws, regulations and
ordinances of the City of La Porte. Contractor must also provide
approved filters for any and all exhaust systems he may utilize or
install.
4. LIABILITY: The City of La Porte, its officers and employees shall
be held free and harmless trom any liability occasioned by any
cause whatsoever arising from the performance of the contract.
5.
INSURANCE: Contractor shall submit for
Attorney ot the City of La Porte and
insurance policies or certificates showing
policies with limits equal at least to the
approval
retention
the Lessee
following:
by the City
by the City,
has in force
a) Worker's Compensation and Employer's Liability Insurance, as
prescribed by Texas Law.
b) Comprehensive General Liability with limits of
$100,000.00/$300,000.00 per occurrence. Property damage
insurance with limits of $100,000.00 per occurrence.
c) Comprehensive automobile liability insurance:
1. Bodily Injury - each person, $100,000.00
2. Each Occurrence - $300,000.00
3. Property Damage - $25,000.00
d) The City of La Porte is to be named as additional insured on
each policy. I
e) Thirty (30) days notice to City of La Pore, Attention: City
Ma nag e r, p r i or t 0 c a nee 11 a t i on .
6. CONTRACT BOND: A bond of Faithful Performance of every and all
requirements of the contract, in the amount of $5,000.00 shall be
furnished concurrent with the execution of the contract. In lieu
of a bond, a negotiable Certificate of Deposit from a bank in
lIarrls County, Texas may be furnished.
7. TERM OF CONTRACT: The term of the contract will be for a period
of thirty-six (36) months, with the option on the part of City to
extend for an additional twelve (12) month period, subject to
suspension and cancellation as provided in the form of Lease
Agreement attached hereto.
8. AUTHORITY OF THE PARKS AND RECREATION DIRECTOR: The Parks and
Recreation Director shall decide any and all questions which may
arise as to the acceptability of services rendered and as to the
manner of performance; all questions which arise as to the
Interpretation of the conditions and specifications; all questions
as to the acceptable fulfillment of this contract.
9. SUSPENSION OF THE CONTRACT: If at any time in the opinion of the
Parks and Recreation Director the Lessee has failed to ~ender
services of proper quality, or has failed in any other respect to
perform as specified and intended in and by terms of the contract,
notice thereof in writing will be served upon him, and should he
neglect or refuse to provide means for a satisfactory compliance
with the Lease, as directed by the Parks and Recreation Director,
within the time specified in such notice, the Parks and Recreation
Director shall have the power to suspend the operation of the
contract. Upon such suspension the Lessee's control shall
terminate and thereupon the City Council of the City of La Porte
or its duly authorized representative may employ other parties to
carry the contract to completion in such manner as the City
Council may deem proper; or the City Council may cancel the
contract and re-let it. Any excess cost arising therefrom will be
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RFP #
0025
PAGE 4
charged against the Lessee and his sureties, who will be liable
therefore. In the event of such suspension and cancellation, all
money due the Lessee or retained under terms ot the contract shall
be forfeited to the City .ot La Porte, but &uch fDrleitura will not
release the Lessee or hIs sureties from liability for failure to
fulfill the contract. The forfeited toward any excess cost
Insured arising from the suspensIon of the contract and the
completion of it by the City of La Porte as above provided, and
the Lessee will be credited with any surplus remaining after all
Just claims for such completion have been paid.
In determinatIon of the question whether there has been any such
noncompliance with the contract as to warrant the suspension of
annulment thereof, the decision of the City of La Porte's Parks
and Recreation Director, with approval of the City Council, shall
be binding upon all parties to the contract.
10, CANCELLATION: The City Council, when in its judgement feels it
will best serve the public interest, may cancel the contract upon
ninety (90) days written notice.
11. FACILITIES AND EQUIPMENT: Prospective offerors are invited to
inspect the locations and equipment and may do so during working
hours by contacting the Parks and Recreation Director. The
Concessionaire will be responsible for maintaining the assigned
premises and equipment in good repair and the replacement of any
equipment damaged or missing through his operation. The
Installation of all approved equipment, fixtures, counters, and
t he 1 I k e , ass h 0 wn on Ex h i bit " C" , wi 11 be t he sol ere s pons i b i Ii t Y
of the Concessionaire. At the termination of the Lease Agreement,
the Concessionaire shall remove his own equipment, and will be
responsible for leaving the premises in their original state of
repair and to replace or reimbursei' the City for any damaged or
mIssing equipment belonging to City. This will be done to the
satisfaction of the Parks and Recreation Director prior to
releasing the Concessionaire or his sureties from obligation.
12. The building, its contents, and equipment shall be utiliZed for
the sole purpose of the preparation and/or sale of concession
items at the Little Cedar Bayou Park Complex, only.
13. UTILITIES: The CIty will pay normal utility bills in connection
with concession operation, excluding telephone service.
14. ITEMS OF SALES: Price, size and content of all that is sold will
be approved by the Parks and Recreation Director. All drinks must
be served either in aluminum containers, or in plastic or paper
cups. The City of La Porte is currently advertising an RFP for
exclusive product rights to soft drinks. Successful offeror for
concessions will be bound by this exclusivity and shall sell only
those soft drinks available from the company the City selects.
Initial pricing shall be in accordance with Exhibit '''B'' Price List
attached hereto. The Concessionaire may add, delete or make price
adjustments, from time to time, provided each item and price
thereof is approved in writing by the Parks and Recreation
Director. Unusual product cost adjustments may be made when
Justified to the satisfaction of the Parks and Recreation
Director.
15. Staffing shall be such that an adequate number of personnel will
be present at each location as required. Staffing levels must be
approved by the City of La Porte.
16. BID FORM AND ACCOUNTING: Proposals shall be based on a payment to
the City of a percentage of the gross receipts exclusive of sales
tax.
Further, no proposal will be considered unless it is accompanied
by: a resume of experience in the field contemplated; a list of
any proposed additional equipment to be installed and business
credit references, all to be flIed on accompanylnl torm..
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RFP #
0025
PAGE 5
The Concessionaire shall remit commissions due the City no later
than ten (10) days following the month for which sales have been
made, along with reports of gross sales.
The Concessionaire shall maintain accounting records in a manner
acceptable to the Director of Finance. These records shall
include, but are not limited to, separate records of all sales and
purchases made by and for the concession operation.
The City reserves the right to make periodic audits of the
accounts and inspections of the Concessionaire's opel'ations,
17. RIGHT OF ENTRY: The City, its officers, agents and
representatives shall be permitted to enter the said premises at
all reasonable times of the day to examine the same or to make
such repairs therein as shall be deemed requisite by the City and
may enter upon and pass through and over said premises for the
purpose of showing same to persons wishing to lease the property.
Keys allowing entry will be provided to the Parks and Recreation
Director.
18. DELIVERIES: Deliveries of all supplies, goods, wares, merchandise
and equipment shall be made at the service entrance of said
building and a person under hire by the Concessionaire will be on
hand during deliveries to receive materials.
19. CONCESSION EQUIPMENT: Each offeror shall submit with his bid a
complete list of equipment he proposes to furnish for the
concession operation, stating brand names, model numbers,
quantity, year of manufacturer and other identifying data to
properly outline his proposed operation layout. See Exhibit "C"
attached hereto.
20. INSTALLATION OF EQUIPMENT: Successful offeror shall have
completed installation of all equipment and be completely
operational no later than five (5) days following formal execution
of contract.
Each offeror whose bid has been determined to be acceptable may be
required to attend a post-bid conference for the purpose of
reviewing all material and clarifying any questions that may
exist.
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RFP #
0025
PAGE 6
STATE OF OFFERORS QUALIFICATIONS
CAPITAL STRUCTURE
Please attach to this application blank your most recent financial
statement and a statement ol the amount ol credit available to you,
with name of bank or banks.
OPERATING EXPERIENCE
Please state herein the number of years and the type of business
operating experience which you leel qualifies your company to operate
the concessions referred to in the Instructions to Applicants.
TYPE QF OPERATION
YEARS
LOCATION
PRESENT OTHER OPERATIONS
Please indicate below what
company is now operating, and
particularly qualifies your
concession operations lor the
Complex.
other types of business operations your
the location of each operation you feel
company to perform the aforementioned
City of La Porte Little Cedar Bayou Park
TYPE OF OPERATION
YEARS
LOCATION
GROSS REVENUES
Please indicate below the approximate average gross annual revenues
which you have developed in the past three calendar years from tood and
drink business operation: $
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RFP #
0025
PAGE 7
REFERENCES
Will you please indicate here the names and addresses of persons in
management capacity for Lessor of any of your operations for reference
and recommendation.
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ADDRESS
QPERATION
OTHER QUALIFICATIONS
Please indicate on attached sheets any other qualifications which you
leel particularly qualifies your company to perform the concession
operations set forth in the Instruction to Offerors.
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The above records of this firm's operations are certified to be a
correct and true record by the signer of this application.
NAME OF FIRM SUBMITTING APPLICATION:
SIGNATURE:
TITLE:
.
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RFP #
0025
PAGE 8
EXHIBIT "B"
PRICE LIST
~~~*******************************************************************
FOOD ITEMS:
HAMBURGERS
CHEESEBURGERS
HOT DOGS
COLD SANDWICHES
FRENCH FRIES
CHIPS, ETC.
SNOW CONES
NACHOS
POPCORN
OTHER:
IiEVERAGE ITEMS:
COLD DRINKS
JUICE-FRUIT
JUICE-VEGETABLE
OTHER:
**~NO ALCOHIC BEVERAGES MAY BE SOLD AT EITHER LOCATION!***
~~**~*****************************************************************
EXHIBIT "C"
EQUIPMENT LIST
TT*******************~************************************************
REQUIRED EQUIPMENT:
FREEZER (1)
REFRIGERATOR (2)
I CE MACHI NE (1)
OPTIONAL EQUIPMENT: TO BE LISTED BY OFFEROR.
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ENCLOSlJH ~~:-;
Cover Letter
A. Proposal and Lease Term
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B. CONCESSIONS MANAGJM1ENT SBRVICES Company Profi Ie
C. Experience
D. Scope of Services
E. Quality
F. Standards and Policies
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G.
Accounting Controls
H. Affirmative Action Policy
I. Detailed Product Line / Concession Marketing
J. Cooperation
K. Financial Statement
L. Transition
~1. Conclusion
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..--- ------..----.-------.--.-..----.... ..----------.-----...- -."--.------.----
CONCESSIONS MANAGEMENT SERVICE. INC.
i.jay 10, 1 989
Mr. Stan Sherwood
Director of Parks and Recreation
City of 111 Porte
P .0. Box 11 1 5
La Porte, Texas 77571
Dear Stan:
We appreciate the opportunit9 to bfd on the food and
beverage concessions for TJI 'r'fLE C~OA.l-{8'\YOU PARK.
CONCESSIONS MANAGEM8NT S~HVIC~H currently provides
concessions and catering services, to facilities and events
throughout Southeast Texas.
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Our management has operated some of the "1;:).[) :~i.vic centers,
arenas and stadiums in the country. We have provided
extensive catering for sOlne of the prelaier cO:Qpanies in the
United States. Our management specializes in major outdoor
events, and have operated the food and beverages for world
cla.ss events, such as the COORS JJIGH'r \iA'rERSKI TOUR, the
LONG BEACH GRAl'TD PRIX, the UNISON r.mSIC b'~~S'HVAL and the
IlLURBONNET BOWL.
We are confident that your selection of CONCESSIONS
11AtfAG~]rJII.i:N'.r s]~RVICES \vill serve your r1eeds in a most
profess ional and c01npet ent Hl8Jlne r.
I look forwl'l.rd to meeting with YOI!, :;0 di0(~ll:::;8 t~li8 l)ro~oosal,
l'l.nd our proven concepts to f'\'lt ,Ull t i) t ;1e CITY 01<' ]~ A PORTE,
the highest percentl1ge possible.
Thank you for your cons ide l'rl.t io n.
Sincerely
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D (, t::!." t:;,}Q
I,) L"l",tn Tn...."'''' 77~71
7,') AO? OA')7
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PROPOSAL
COI'W~~SSI?I~:) 111ANA(H;ri[I';I\['l' S8HVICES, . INC. proposes the following
to the CIty of La Porte, Texas; In exchange for the right to
provide excld.sive food and beverage concessions, at the
LIT'l'LE CI<]OAH BAYOU PAi{K - (1) \<{ave Pool, (2) Softball
Complex for three (3) years and a one (1) year option
cOlaencing ['1;1.1 27, 19B9:
PBRC8N'rA.GI~ PAY:1/Sl'nS - \<{e propose to pay the following
percentages of gross receipts ten (10) days following each
month. i'
OPTION I:
17.5% of Concessions food and beverage, candy and all
other sales; (Gross sales is defi ned as gross recei uts lee s
applicable sales t'1.x:e8), for thej,$oftbal:l':,'Compi~~"1 ...
'.', ,'t' "," ..-:.~.f;;\~.~ ,. .
30.5% of Concessions food and beverage, candy,and all.
other sales; (Gross sales is defined as gross recei'pts .less
applicable sales taxes), for th"Ef'Wave'Podl '
,~: .' , . .. .,,: .
OPTION II:
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20.5% of Concessions food and beverage, candy and all'
other sales; (Gross sales is defined as gross receip~s less
applicable sales taxes), for the Wave Pool and the $oftbaltd
Complex. f.' :-'"":,, .
CONCESSIONS MAl'fAGEi1EWr SERVICES agrees to abide by all
concession agreements entered into by the City of La Porte
and any wholesale product vendors, whereby CMS is required
to exclusively purchase from these vendors the products
covered by such franchise agreement, and not to offer for
sale atLI'r'fLE C lWAR BAYOU PARK any similar cornpet ing
products. In the ev(~nt that CrJIS is charged less than
already ne.gotiated with such vendor, CMS will P83" th
difference to the City of La Porte.
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PHOPO:)f~J) I~QLJLPI.lt<>fjL' - LI'!"rrJl<; CKOAH BAYOU PARK
----... - - - - -. - - - .... - - - - - - ~.. - - - ... ...... - .. .. .. .. .. ,"' ---.- - - -
( -
1 Star 89P Popcorn Popper
1 Creator's Diplomat Popcorn Popper
2 Gold ~edal Bliz Whiz Sno Cone Machines
2 Li~hted I~enu Boards (Soft Drink Supplier)
2 Star 130R Food ;.y:3.l'rQers ~ Inserts
2 Star 180 Hot Dog Warmers '
1 Star #25-S Roller Grill
2 Vulcan Pizza Oven (Supplier)
Assorted Small wares
2 Star #14HL Heat Lamps
3 Post Mix Sitco Soft Drink Dispensers (Supplier)
2 Brewmatic Coffee Machines
Uniforms as per proposal
Serving Line signs
Assorted Metro Shelving, as needed
1 Sharp #R-2040 Commercial Microwave
1 Toastwell #LG-9 Sandwich Grill
2 True #R24-ST Refrigerator
2 True #P24-ST Freezer
2 Star #15-NCL Nacho Merchandiser / Warmers
2 Pretzel Display Cases (Supplier)
2 Pretzel Ovens (Supplier)
2 Condiment Tables (Fabricated)
2 Manatowoc 400 Ice Machines
4 Beverage Dispensers (Ice Tea & Lemonade)
All equipment provided by CONCESSIONS MANAGEMENT SERVICES
the LITTLE CEDAR BAYOU PARK will remain the property of
CONCESSIONS MANAGEMENT SERVICES and will be removed by them
upon the termInation of the contract.
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...o,IIOX _
PA8ADeNA. nxA8 77101_
~ONC. MGT. SERVICE, INC.
REMITTER
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19396
DATEMAY lO, 1989
88-1551/1130
PAY TOTtl~
ORDERO"***CITY OF LA PORTE**** **$l, 000.00**
-,- c S UHI 0 ('), II'.... ,.,'/' ,'" (" ('1 I::' ,;:,:;
J H,- . .J" Il)l ,I..' !. :,,) I...i 1..../ I
CASHIER'S CHECK
NOTICE TO CUSTOMERS
THE PURCHASE OF AN INDEMNITY BOND WILL BE RE-
OUIRED BEFORE THIS CHECK WILL BE REPLACED OR RE-
FUNDED IN THE EVENT IT IS LOST, MISPLACED OR STOLEN.
11.0 ~ ~ :I ~ bll- I: ~ ~ :10 ~ 5 5 ~ :II:
000 00 ~~II-
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3COP~ 0[<' SI~J{VIC I~;)
CONC.Ji~SSIONS MAN'AGEMgti'f S~HVICE3 1)rol)C):388 ~ complete food and
beverage program which incll.l.ae:=; respoflsibility for:
Overall management and supervisibn of all food service
operations in a professional and competent 1Q~l1l1er.
Recruiting, selections, training anp airection of all
management, supervisory and hourly food service employees in
accordance with local, state ana national employment
regulations and laws.
Purchasing of all food, beverages and paper products from
reputable and established pl.lrveyors.
Established accounting and cost COl1trols.
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Expert food handling, preparation and present~tion.
All licenses, permits and insurance coverages.
A superior customer service system designed for an efficient
and improved flow of customer trA.ffic.
An exceptional food menu, value priced with the consumer in
mind, high quality and attractively packaged for maximum
customer appeal.
r1erchandising of high impulse food i telus Sl.l.ch as Nachos,
Super Nachos and freshly popped Popcorn.
A daily concessions r-eport, itemizing food ser-vice sales by
category for the preceding day or event.
A monthly commission check and detailed monthly sales
summary to be mailed to Ollr design<-tted client.
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STANDARDS AND POL[CI~~
CONC~SSIONS MANAGEMEN~ SERVICES would like to outline our
standurd8 und policieH.
Personnel
Our program in food service cond.es:'3l.ons h(~ei.n:3 ",j,th the
forlO::1.tion of an experienced and responsive management te:-irQ.
The neced8ity for a manager with strong experience in
employee motivation, product merchandising, sanitation and
cost controls is the key to a successful :-ind profitahle
operation.
Our corporate management team will jointly develop a
"iJfanagement by Obj ect i ves II plan. Specifi c and immediat e
goals wi thin Ol.l. r pl;:~n wi 11 be the i nst i tut ion of an eruployee
training program and the development of job descriptions and
assignments, with our immediate goals: 1) to achieve the
highest level of customer satisfaction; and, 2) to generate
a substantial amount of gross revenue.
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COI'fC~~SSIorm r'lANAG~t{lsNT SERVICES will utilize the local
community for the recruitment of concession employees.All
concessions personnel will be required to wear a colorful
and distinctive Il.niform provided by CONCESSIONS MANAGB!'lBNT
S l~fWIC8S.
Purchasing:
CONCESSIONS MANAGEMENT SERVIC~S utilizes the highest quality
products available in our food and beverage operations~ A
significant portion of our products will be purchased from
suppliers in the local area. We have generally found area
suppliers to price their merchandise competitively and their
interest and desire to provide excellent service is an asset
to the overall operation.
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Sani t at ion:
CONC]~SSIOI{:j f1AI'J ^G 1';;.1j.;!f':' ;.; ';;N[(: ,.;;3 \'/i 11 i nst i tute a sani tat ion
"check-off" systein ['0/' 1:;tGr1 concession Ol)era.toi.on, so I;ha.t
our evc:mt 'n;i fl::l.;:S() '1() ilt :;; lq J';tC r~ the cleanli neSG and standards
of each operatior1 b(:(:)C'I: 1;:1(: r:rnplcv,-:e:'3 :~re allow'ed to check
out for the day. Addl l; jutuil t.Y; ;~ll Gml)loyeel'3 are rf:(F1.ired
to underso :;l'at(15-'18 i (1 l)ro})(-:r food handling and sanitation
1) roceclLl.l'(:.
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We feel thati.;his system of maintaining excellence in
sanit~tion should have a direct and positive effect on the
reveflues of the food service operation.
,E_'1. ~~~ ~~ <?l!!!-~nt_Q!:J)O rt un it y:
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CONCESSIONS iVfANAGBi:1t';I'[']1 S'~I{,!IGI~S will provide equal
employraent opportlmi ty to all employees and applicants for
employment I'/i thout reg:ird to race, religion, color, sex,
national origin, handicap or veteran status and affirmative
action l-ri.ll be taken to insure the implementation of this
policy. Our Corporate "Affirlaati ve Action Policy" can be
found in the latter pages of this proposal.
Local Bank:
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CONCESSIONS fiIAII[AG}j:,mi'f'l' S,';tN1C.;S Ifill ut i Ii ~e a local bank
for thedeposic of gross receipts from the food service
operations. This provides an accurate audit system of
revenue derived troln cOflcession8 operatiofl:3. This also
allows this "lOney 1;0 'I'lork for the benefit of the local
commu.nity.
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ACCOUNTING CONTHOLS
1.
D~~nventory and Sales Sheet:
1hfs-torm records the perpefUaI inventory of the
concession stand. It contains the ending inventory
from the previous event; al~isting of any items delivered
or removed; an actual count beginning inventory; a
listing of any deliveries or removals during the event;
a listing of all product eaten or spoiled and the actual
count ending inventory. The usage is extended at the
selling price. This will' give you a sales potential to
compare to the cash sales.
II.
Distribution Sheet:
This form is used to record the movement of product from
the warehouse to the concession stands or from one stand
to another. It is issued in duplicate and a signed copy
is retained in the warehouse as well as at the stand.
concession stand.
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III. ~mployee Meal Sheet:
This form is used to' record employee meals. The employee
must sign for their meals. This.figure is than entered
on the daily inventory sheet for credit.
IV. Spoilage Sheet:
This form is used to record any spoiled product. .This
must be signed by a supervisor upon approving the
spoiled product. It is then entered on the daily
inventory sheet for credit.
V. Event Summary:
This form is used to summarize the event. The product
sales are broken down by concession stand. It shows
total sales, product mix, net sales and overage or
shortage.
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VI. Inventory Report:
This form is used to take an actual physic~l inventory
of product. It contains last event's inventory; a
listing ~nd price of all product received; the closing
inventory and the most curf.ent price. The usage is
extended at the selling price and compared to the sales
to point out any problem areas.
It is also extended at cost to give us our product cost.
VII. Profit and Loss Statement:
~ event profit and loss statement is prepared. It
shows net sales, product cost, labor cost expenses,
client commission and profit or loss.
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REPORTS TO OUR CLIENTS:
I. Daily Sales Report:
This report is a record of the previous days sales.
It is broken down into sales by product, and reflects
total revenue deposited for that event. This report is
presented to our client on the next business day,
following the event.
II. M~nt~~ Commission Report:
This report is a record by category of all the previous
month's sales, from the daily sales report. It reports
gross sales, tax, net sales and commission due. A
company check for the commission due is included.
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CONCESSION MAHKETING
CONCESSIONS MANAGE~lI~WJ.1 SI<lRVICES plans an aggressive
marketing plan for the concessions oper~tion at LITTLE CEDAR
BAYOU PARK
Lighted menu boards will be instalQed in the concession
stands. The menu will include such items as: pizza, giant
soft pretzels, chopped BBQ, smoked sausages, cotton candy
and ice cream, as well as the standard concession fare. The
employees will be atired in brightly colored uniforms.
Concessions at T.JITT:L~J ClmAR BAYOU PARK wi 11 be a pleasant
experience.
We propose to aggressively pursue all sales, to set up
portable locations to attract the impulse buyer and to offer
a fresh high quality product that will positively refect on
LITTLE CEDAR BAYOU PARK; and the per capita spending that is
realized at those facilities.
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CONC~SSIONS MANAGEMENTS SERVING SYST~M
.- -- . -, -_.. .. - ... .. ... ... ... .. - .- ... ... ... - - - '_. - - ..
CONCESSIONS MANAGEMENT has developed a variation of the
speed line that has strictly customer satisfaction in mind.
The average company concession stan.d h~:l.i3 s i){ full service
lines. In this same space the cafeteria style would have
only two service lines. Our stand relies heavily on
customer and cashier interaction. Anyone who falls in line
at a CONCESSIONS MANAGEMENT concession stand will have the
full range of products afforded by that stand, fast service
and most of all, cheerful interaction with one of
CONCESSIONS MANAGEMENT SERVICES' greatest assets, its
employees.
To speed up service, our concession stands have been
designed internally so that the cashier has every product
available in the stand within an arms reach. By eliminating
the extra steps, time is saved and the customer is served
quickly. Having the ability to generate tremendous sales
volume from our stands; the products turnover faster and at
the same time, maintain a consistent ~nd hiSh quality.
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ITEM
Soft Drink
Kiddie Dog
Jumbo Dog
Sausage
BBQ Sandwich
Popcorn
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Nachos
Peanuts
Candy
Dill Pickles
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PRICE
.75
1 .00
1.50
1.25
2.00
2.25
2.75
1.00
1. 75
1. 75
2.75
.75
.75
.75
Giant Pretzel 1.00
Coffee/Hot .75
Chocolate 1.00
Pepperoni Pizza 1.25
PROPOSED P1UC ES
SIZE
120z
160z
240zt
8-1
4-1
4-1
40z
320z
850z
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Coke product served
over ice, in a
souvenir cup (large)
All Beef
Premium Smoked.
Chopped Brisket
Freshly popped and
merchandised in a
special heated cabinet.
NT-56 Nacho Chips with hot
NT-68 cheese sauce and
sliced jalipeno
peppers.
20z
20ct
40z
80z
120z
8cut
Roasted in the shell.
Giant Soft Pretzel'
served in a special
heated cabinet.
Served steamy hot.
Prepared & baked on
location.
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Snow- Cones
1.00
50z
V8get~ble Beef 1 .75
30u.p
100z
Egg Rolls
1.25
30z
Frito Pie
1.50
30z
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Served from a speci~l
lishte<l display C}lSe
Fresh vesetable beef
soup, for cool
we at he r.
Served with chinese
mustard and Sweet &
, Sour Sauce
Corn Chips topped with
hot chili & cheese.
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TRANSITION
~hould CONC~SSIONS MANAGEMENT SERVICES be selected to manage
your [00(1 ::l.nd beverage operation, we propose to establish
the following pV:tn of operation:
On 1; he b*J is of YOLl.r established needs, our stA.ff w.l11
impliment ~ complete transition flan for the operation of
your food and beverage facilities.
CONCJ~SSIONS MANAGEMENT SERVICES will furnish a team of
qua.lified emplayees to operate your food and beverage
operation under the guidance of an experienced unit manager.
Immediate responsibility for this operation would be placed
under the supervision of our President. He will.oversee
equipment installation and start-up. He will directly be
involved in the screening and training employees at the
LITTLl<] Cb]DAH BAYOU PARK.
Our entire corporate staff will work behind the scenes to
coordinate the orderly and timely process.
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CONCIAJ8I01l[
The following reflects the hiBhlights of our proposal:
1. CONCJilSSIOfllS l'1Alf^GE!\11~NT SERVIC8S will provide ffi-':iximl.l.rn
gross through i nnov::.tt i VA Itlerch::.tndisi ng and iraproved
customer sGrvic(~. Tight accounting controls will assure
that all sales are accounted for.
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2. We propose to aggressively pursue all sales, to set up
portable locations, for major promotions, to attract
the impulse buyer. We will offer a fresh high quali ty
product that will positively reflect on the CITY OF
LA PORTE and the LITTLf'] C~j])AR BAYOU PARK and the per
capita spending that is realized at those facilities.
3. Fair pricing, where the family atmosphere of your
facility is maintained.
4. Insurance coverages as you require.
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5. CONCESSIONS MAlfAGElvIEIIfT SERVICES will furnish daily sales
reports within three (3) business days; and payment of
concession commissions by the tenth (10th) day of the
following month.
6. CONCESSIONS MANAG~jI'1Bji'r SERVICES is a local company with
a core staff of employees and supervisors. We are a La
Porte company. Our employees are residents of this fine
city. All sales and revenues generated by CONCESSIONS
MANAGEMENT SERVICES at any of our locations are
deposited in are::.t bank:'3 to work in the community.
We are raembers of the La Porte - Bayshore Chamber of
Commerce and have shown a willingness to work for the
community.
7. The management of COnCESSIONS f1AlifAGErvIEi'f'l' SERVICES has
operated the food and beverage services at some of the
top recreation facilities, stadiums, arenas and civic
centers in the countr,)'. We know of no other local or
regi onal company t hat can rn::.tke this c 1801 m.
8. The highest possible return, and level of service,
utiLi.~i,'13 Ol!r l)roven concepts and standards.
REQUE~OR CITY COUNCIL AGENDA I~
1989
Requested
Department: Public Works
xx
Report
Resolution
Ordinance
Exhibits: Bid Recap Sealed Bid #0312 - Closed Circuit T.V.
Inspection System
SUMMARY & RECOMMENDATION
Advertised, sealed bids #0312 for a closed circuit television
inspection system were opened and read on May 1, 1989. Bid
requests were mailed t~.seventeen (17) area dealers with five (5)
returning bids.
Low bid meeting specifications was submitted by Cues, Inc. in the
amount of nineteen thousand nine hundred dollars ($19,900.00).
Bidders were requested to bid, as optional equipment, a video data
generator and video data key pad to allow on-screen labeling of
video tapes. Overall low bid, including optional e~uipment, was
Cues, Inc. in the amount of twenty-two thousand nine hundred
dollars ($22,900.00).
Staff recommends award of bid including the optional equipment to
the low bidder meeting specifications, Cues, Inc., in the amount
of $22,900.00. Adequate funds for this purchase were budgeted in
the Water/Wastewater operating budget for 1988/89.
Action Required by Council:
Award bid, including optional equipment, to Cues, Inc., low bidder
meeting specifications, in the amount of $22,900.00
Availability of Funds:
General Fund
Capital Improvement
Other
xx
Water/Wastewater
General Revenue Sharing
Account Number: 002-806-806-821 Funds Available: XX YES NO
A~oved for Cit~
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Robert T. Herrera
City Manager
Council Agenda
?k6\~~
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CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
MAY 2, 1989
TO:
Steve Gillett, Director of Public Works
Louis Rigby, Purchasing Hanager~~
Sealed Bid 10312 - Closed Circuit T.V. Inspection System
FROM:
SUBJECT:
Advertised, sealed bids #0312 for a closed circuit television
inspection system were opened and read on May 1, 1989. Bid requests
were mailed to seventeen dealers with the following five returning
bids: 1) Cues, Inc., 2) Pearpoint, Inc., 3) Dominion Equipment, 4)
Gulf States Crane, and 5) Wolf Equipment.
Due to the complexity of the specifications, I have attached
copies of the bids for ~our review.
Please submit your recommendation with an agenda request form by
the prescribed time before the next regular council meeting. If
there is a need to delay bringing this before council, please notify
me.
LR/gr
Attachments: Bids
Bid Tabulation
xc: Buddy Jacobs, wI attachment
Curtis Herrod, wI attachment
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SEALED BID (10312 CUES, INC. PEARPOINT DOMINION GULF STATES WOLF
T.V. INSPECTION SYSTEM INC. EQUIPMENT CRANE & EQUIPMENT
EQUIPMENT
MASTER RICO VIPER lEAK' -
1. SYSTEM MODEL SCOUT FLEXIPROBE FS5030A ETV 1901 HAF 12.2
._~----
.
2. PRICE 19,900.00 20,197.00 21,500.00 22,870.00 24,390.00
-
3. OPTIONS
A. VIDEO DATA GENERATOR 3,000.00 2,735.00 1,153.00 NB 6,940.00
B. VIDEO DATA KEYPAD INCL. INCL. 3,755.00 NB INCL.
4. DELIVERY IN DAYS 45 30 30-45 20-30 84
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Ma
Public Works
Requested By:
Steve
xx
Report
Resolution
Ordinance
.
Exhibits: Cost comparison breakdown on copy machine
SUMMARY & RECOMMENDATION
Public Works presently has a Canon NP-500 AF copying machine that
is approximately four (4) years old, with over six hundred
thousand (600,000) copies having been logged. This copying
machine is used by Public Works and Parks & Recreation with a
monthly copy volume of approximately twenty thousand (20,000).
The present lease agreement will expire October 1989.
In the past year, service calls have become more frequent, and the
copy quality continues to deteriorate. After reporting this
problem to the service repair man, I was informed the optics were
damaged and would be very costly to repair. In addition to these
problems, the copies per minute has dropped to around 20 cpm for
this 50 cpm machine.
Quotes have been obtained for a new copier on a thirty-six (36)
month lease plan from five (5) companies. After careful
consideration of the quality of copies, the features, and the cost
per month, a Sharp SF8800 model is preferred. The price quoted
includes lease, all inclusive maintenance agreement (supplies),
copy control device, and pay-off of the present lease of the
Canon.
Zeno Systems supplying the Sharp SF8800 is low quote meeting all
requirements. At the present time, Public Works oharges five (5)
cents a copy that will help absorb the cost of the new lease.
Staff's recommendation is to lease a Sharp SF8800 copier for a
period of thirty-six (36) months from Zeno Systems.
Action Required by Council:
Authorize expenditure of funds totaling $7,220.04 a year for a
3-year lease of a Sharp SF8800 model copy machine from Zeno
Systems, low quote meeting all requirements.
Availability of Funds:
XX General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number: 001-700-700-507 Funds Available: XX YES NO
Approved for City Council Agenda
~~~. Herrera
City Manager
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MAINIENArn:
Em MNIH
am..ms
Em M:NIH
:INSl'JU.
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REQUEST~OR CITY COUNCIL AGENDA IT~
Agenda Date ReqUe~te : ~~2' 1989
~ ~
Requested By: Buddy 0 s Department:
Public Works
xx
Report
Resolution
Ordinance
Exhibits: Bid Recap Sealed Bid #0320 - Maintenance of Traffic
Control Equipment
SUMMARY & RECOMMENDATION
Advertised, sealed bids #0320 for the maintenance of traffic
control equipment were opened and read on May 15, 1989. Bid
requests were mailed to Sour (4) area contractors with three (3)
returning bids.
Overall low bid was submitted by Southwest Signal Supply. The
estimated cost of this contract, using prior years' history, is
twenty-five thousand dollars ($25,000.00)
. ~
Staff recommends award of annual traffic control equipment
maintenance contract to Southwest Signal Supply, overall low
bidder.
Action Required by Council:
Award annual contract for maintenance of traffic control equipment
to Southwest Signal Supply, overall low bidder.
Availability of Funds:
XX General Fund
Capital Improvement
Other
WaterlWastewater
General Revenue Sharing
Account Number: 001-700-705-402 Funds Available: XX YES NO
Council
enda
s lii~
DATE
.
e
CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
MAY 16, 1989
TO:
Steve Gillett, Director of Public Works
Louis Rigby, Purchasing Hanager~l~
Sealed Bid #0320 - Maintenance of Traf~c Control Equip.
FROM:
SUBJECT:
Advertised, sealed bids #0320 for maintenance of traffic control
equipment were opened and read on May 15, 1989. Bid requests were
mailed to four area contractors with the following three returning
bids: 1) Southwest Signal Supply, 2) Traffic Maintenance, and 3)
Pfeiffer and Son.
Apparent low bidder is Southwest Signal Supply. A determination
will have to be made on the estimated quantity of each item before a
total dollar figure can be presented to council.
Please submit your recommendation with an agenda request form by
the prescribed time before the next regular council meeting. If
there is a need to delay bringing this before council, please notify
me.
LR/gr
Attachments: Bid Tabulation
xc: Buddy Jacobs, w/ attachment
Orville Burgess, w/ attachment
."
..
.
e
. .
SEALED BID 110320 SOUTHWEST TRAFFIC PFEIFFER CURRENT
MAINTENACE OF TRAFFIC CONTROL EQUIP. SIGNAL MAINTENANC & SON CONTRACT
----
I. ANNUAL INSPECTION & MAINTENANCE
----
A. TRAFFIC SIGNALS 240.00 325.00 475.00 395.00
:
--
B. FLASHING SIGNALS 100.00 190.00 109.00 90.00
C. PRICE PER FOOT-LOOP DETECTORS 4.00 4.75 6.00 ----
NO SAW CUTS
D. PRICE PER FOOT-LOO DETECTORS 4.50 5.75 8.00 ----
SAW CUTS
II. EMERGENCY MAINTENANCE
A. MOBILE BUCKET TRUCK-REGULAR 28.00 37.00 45.00 38.00
BUSINESS HOURS
B. MOBIL BUCKET TRUCK-AFTER 38.00 57.00 63.00 52.00
REGULAR BUSINESS HOURS
C. COMMON LABOR-REGULAR BUSINESS 18.00 20.00 21. 50 18.00
HOURS.
I
.
D. COMMON LABOR-AFTER REGULAR 22.00 20.00 27.00 22.50
I
BUSINESS HOURS
i
E. SHOP LABOR 40.00 32.00 40.00 36.00
III. MATERIALS COST PLUS 20% 25% 20% 20%