Loading...
HomeMy WebLinkAboutO-1978-705-I . . ORDINANCE NO. 705-1 . AN ORDINANCE AMENDING ORDINANCE NO. 705 (AN ORDINANCE PROVIDING RULES AND REGULATIONS GOVERNING THE PLATTING OR RE-PLATTING OF LAND IN THE SUBDIVISIONS IN THE CITY OF LA PORTE AND WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF LA PORTE); AND PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT LESS THAN TEN DOLLARS ($10.00) NOR MORE THAN TWO HUNDRED DOLLARS ($200.00) AND EACH DAY OF VIOLATION SHALL BE DEEMED A SEPARATE OFFENSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: Section 1. Section 5.09, Park, Playground and School Sites, of City of La- Porte Ordinance No. 705, is hereby amended by adding thereto a Paragraph l(c), and shall hereafter read as follows, to-wit: . "1. Parks and Playgrounds: (c) :Land dedicated by a subdivider to the City of :La Porte, under the terms and provisions of this Ordinance, may, at the discretion of the City Commission, be leased by the City of La Porte, -to a duly qualified home owner's association, which meets the minimum standards promulgated from time to time by the United States Department of Housing and Urban Development, for qualifi- cation for F.H.A. and/or V.A. loans, and which has been incorporated as a Texas non-profit corporation, for operation as a park area for the recreation of residents and their guests l~f the residential subdivision of which it is a. part. i 'rhe lease agreement shall be on a form approved by the City Attorney, and specifically approved in each instance by the City Commission, and :should provide, among other things, that the home owner's association corporation shall be prohibited from placing or suffering any Deed ,~f Trust, mortgage, or other type of lien, on 'the property or upon the permanent improvements .thereon erected, and that any person, firm or ,:::orporation making loans to the home owner's .:issociation for such improvements, shall look solely to the revenues of the association for the retirement of its debt; prescribing minimum stand- i:irds for the facilities to be erected, and the Inaintenance thereof, and for the staffing of the :facilities; providing minimum ratios of off-street parking, based upon the amount of acreage in the park site; providing that the term of the lease :shal1 be for a term not to exceed forty (40) years, with a rental of One Dollar ($1.00) per year to the City of La Porte, or such other con- :sideration as the City Commission of the City of La Porte may deem proper; providing that the home l~wner' s association corporation shall be solely :~esponsib1e for the operation and maintenance of ,the facilities; providing that at the end or other .. .' . Ordinance No. 705-I, Page 2. . termination of the lease, that title to the improvements upon the lease property shall revert to the City of La Porte, for public park purposes; providing that the home owner's association corporation shall save and hold harmless the City of La Porte from any costs or liabilities; and providing minimum standards of public liability insurance to be carried by the home owner's association corporation, with certificates of insurance to be furnished to the City Clerk; and such other provisions to be contained in the lease as may be deemed desirable by the City Commission of the City of La Porte. Nothing contained in the lease shall be con- strued as a restriction upon the power of the City Commission from time to time to promulgate, by ordinance, reasonable rules and regulations concerning the maintenance, operation, health, safety and welfare of the park facility, and the persons utilizing the same. e Nothing contained in this Ordinance shall be construed as binding or obligating the City Commission of the City of La Porte to enter into such lease agreements, but, rather, it is the purpose of this Ordinance 'to set out mini- :mum standards which would be required in the event that the City Commission, in its sole discretion, determines to enter into such a lease agreement,. e. Attached to thi~ Ordinance is Exhibit "A", incorporated by reference herein, and made a part hereof, are the current minimum standards of the United States Department of Housing and Urban Development, for home owner's associations, -which are hereby enacted by the City Commission of the City of La Porte as its minimum standards for home owner's associations, in such cases as home owner's associations are hereafter created and operated in residential subdivisions, which are under 'the jurisdiction of the City of La Porte under its subdivision ordinance, Ordinance No. 705, as amended." Section 2. Penalties. Any person violating this Ordi- nance or any portion thereof shall upon conviction be guilty of a misdemeanor and shall be fined not less than Ten Dollars ($10.00) nor more than Two Hundred Dollars ($200.00) and each day that such violation continues shall constitute a separate offense and be punishable accordingly. Section 3. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Clerk shall give notice of the passage of this ordinance by causing . . I Ordinance No. 70S-I, Page 3. 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 the 20th day of September, 1978. CI~~ ~ J. J. Meza, Mayor - ATTEST: ~.:/4-j Ci ty C1 k'" ~ - - APPROVED: &td City Attorney . .