12-05-1983 Public Hearing (2) - Laserfiche WebLink

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Minutes Public • rin La Porte Cit Coun g, y December 5, 1983, Page 8 Lorene Swearin en, 3139 Fernrock: We have already received • some i s or 4 taxes and the '84 conventional fund. How will these be handled? Will they be paid as normal, will they be withheld until this has gone through? Mayor Cline:. You're saying that you received your tax statement from the utility district? That's for your taxes for the year 1983. They're due in January of '84. Then shortly on October 1, or thereabouts, the City of La Porte will mail you a tax statement from the City of La Porte which will be due until the first of February without a penalty, and that will be the City of La Porte tax. Bill Stewart, 3303 Gladwyn: I think that this plan is deficient in one way. It obviously takes into account-the only legal entity, that is one sense, that we have here, the names of the M.U.D. districts. But it has not taken into consideration this .homeowners plan, which is our present subject of discussion. So it seems to me this plan is deficient in that respect. It should take into consideration the things that have been distressing these gentlemen here. Among these things is this swimming pool over here, which is specifically exempted by this plan. There are other things of the same-type. They plan to take over the cost of the lighting which is a function of the homeowners association at the present time. They are going to-take over part of it when they should take over all of it. • City Attorney Askins: Let me explain to you why some things are .addressed and some aren't. A homeowners association is a private corporation. They are not governmental units. Cities in Texas cannot spend public funds to benefit homeowners associations. The only .exception is the City of Houston who got a bracket law passed for cities of more than a million population that do not have zoning ordinances to expend public funds to enforce deed restrictions. In the eyes of the law your swimming pool is private property-just for the benefit of those homeowners and they could exclude anyone they want to who doesn't own a house there or their guests. Street lighting has been paid for by your homeowners association because of the absence of a city government. Your water district cannot legally pay for street lights--a water district is a very limited special purpose district under Texas law. The street lights are on public right of way and when you are annexed that right of way becomes the property of the City of La Porte and the city government has the legal right to spend City tax dollars to provide street lighting. Mr. Christ: On deed restrictions and zoning and such as this. When La Porte takes over, they will have their restrictions and enforce them or is there going to be a conflict of interest there? • Mayor Cline: I don't see where you're going to have any conflict of interest, really. La Porte has zoning, .building codes.