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HomeMy WebLinkAboutO-2004-2737 . . ORDINANCE NO. 2004-2737 AN ORDINANCE DECLARING AN EMERGENCY FOR PURPOSE OF WAIVING THE COMPETITIVE BIDDING PROCESS AND FOR PURPOSE OF DEMOLISHING THE STRUCTURES AT 200 GARFIELD, LOCATED ON LOTS 1 THRU 6 AND 11 THRU 16 AND THE ADJACENT 16' ALLEY, BLOCK 18, SYLVAN BEACH ADDITION, BARRIS COOHTY, TEXAS, MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING SAME, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, Chapter 252, Purchasing and Contracting Authority of Municipalities, Section 252.022(a) (2), provides that the competitive bidding usually required for a municipal contract that requires an expenditure of more than $25,000.00 does not apply in the case of a procurement necessary to preserve or protect the public health or safety of the municipality's residents; and WHEREAS, Chapter 2, Article 3, Section 2-82, Provisions of State Law to Supersede City Charter provisions, provides that the aforementioned VTCA Local Government Code Sections supersede the provisions of La Porte City Home Rule Charter Section 5.02 relating to the purchasing procedures of the City of La Porte; and WHEREAS, on April 26, 2004, the City Council of the City of La Porte passed Ordinance No. 2004-2719, declaring the buildings located on Lots 1 thru 6 and 11 thru 16 and the adjacent 16' alley, in Block 18, of Sylvan Beach Addition of Harris County, Texas, to be a nuisance and a danger to the health and safety of the citizens of La Porte; and WHEREAS, said Ordinance No. 2004-2719 ordered such dangerous structures to be demolished and/or torn down within ten (10) days of the date of the Ordinance; and WHEREAS, the buildings have not been demolished or removed as provided by the City Council in said Ordinance No. 2004-2719; and WHEREAS, City staff has brought to the attention of the City Council and City Attorneys numerous safety issues in connection with said structures as outlined on Attachment "A" to this ordinance; and WHEREAS, an emergency exists in connection with the public health and safety, requiring action by the City Council to preserve or protect the public safety or health of the municipality's residents; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The findings of fact and conclusions of law made by the City Council in Ordinance No. 2004-2719 are hereby ratified and incorporated as true by the City Council as if set forth in this ordinance verbatim. e e Section 2. The findings of fact made by staff on the memo attached to this ordinance as Attachment "An are hereby incorporated by the City Council, and are determined to be true as if said findings of fact are set forth in this ordinance verbatim. Section 3. Pursuant to Vernon's Texas Codes Annotated, Local Government Code, Section 252.022(a) (2), the City Council hereby expressly waives the competitive bidding requirements otherwise set forth in said Chapter 252 of the Local Government Code, declares an emergency necessary to preserve or protect the public health or safety of the municipality's residents, and directs the City Manager or her authorized representative to immediately move to demolish the structures located at 200 Garfield, more particularly described in the caption of this ordinance, to make said structures safe so as to no longer be a nuisance deleteriously affecting the public health or safety of the citizens of the City of La Porte, and to otherwise secure and render safe the property located at 200 Garfield, La Porte, Harris County, Texas. The City Manager or her authorized representative is authorized to enter into any contract necessary to accomplish same, whether or not said contracts are in excess of $25,000.00, as this Council deems the situation to be an emergency. Section 4. Pursuant to Ordinance No. 2004-2719, and provisions of the Local Government Code, the cost of demolition and/or otherwise securing the property at 200 Garfield, are to be assessed as a lien against the property. The City Council finds that all prerequisites of law have been satisfied, all notices timely made, and all prerequisite findings of fact and conclusions of law as set forth in this ordinance, and Ordinance No. 2004-2719, 2 e e are appropriate and are hereby ratified and adopted by the City Council. Section S. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 6. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this loth day of May, 2004. CITY OF LA PORTE BY~ ATTEST: l__.rTJr)au-J ~Q I 4 LM! Martha A. Gillett City Secretary 3 . . City of La Porte 1~8!Clbhsliecl18D2 I Memo To: Fn>>m: Debra Feazelle, City Manager /l % Nicholas Finan, Interim Planning Directo7..ff" Debbie Wilmore, Chief Building Official CC: John Joems, Assistant City Manager Knox Askins, City AUomey John Armstrong, Assistant City AtIomey Date: May 6, 2004 Re= Declaration of an Emergency for Purpose of Waiving Bid Process for Demolition of Structures at 200 Garfield Given City Council authorized the demolition of nine structures located at 200 Garfield that were determined by City as dangerous and unsafe at the City Council Meeting of April 26, 2004, staff is ooncemed with the time that it would take to proceed under the normal bid process. Staff is requesting City Council to waive the bid process due to public safety ooncems listed below, and that City Council determine that an emergency exists providing staff the ability to expedite the demolition of the nine dangerous and unsafe buildings. Reasons for cIecIaration of an emergency are as follows: 1. The buildings have been declared dangerous and unsafe by City Council after a public hearing and no one provided testimony to the oontrary, including the. owner, who was present and abstained from any oomments. 2. All nine structures have been determine to oontain asbestos, including friable asbestos (nOJH:Ontained). 3. There have been two fires located in separate buildings, one as recently as November 15, 2003, exposing firefighters to dangerous oonditions and asbestos. 4. The public hearing for oonsideration of City Council declaring these buildings dangerous and ordering their demolition on April 26, includes testimony that children are not only in the vicinity of these structures, but may be going into the buildings, exposing them to asbestos and other dangers, despite the City's attempts to keep the structures sealed. Testimony provided by one resident stated she has seen individuals entering the buildings. 5. The City has been oontactecl numerous times about the oonditions: vandalism, graffiti, high weeds, etc. Since the Year 2000, there have been the following code enforcement calls for service: weeds - 22; securing of building - 20; graffiti - 11; building maintenance - 1; and debris - 6. 6. The Texas Department of Health may be willing to waive the 1O-day notice requirement and agree that at least the two bumed units oonstitute an emergency for the purpose of asbestos and allow the city to remedy the current public nuisance after it reviews paperwork and material provided on this matter. Attachment DAD e . City of La Po..te ESloblis/led ] 8,92 Memo To: Debra Feazelle, City Manager -""" ; Nicholas Finan, Interim Planning Directo7ff' Debbie Wilmore, Chief Building Official Frvm: CC: John Joems, Assistant City Manager Knox Askins, City Attorney John Armstrong, Assistant City Attomey Date: May 6, 2004 He; Declaration of an Emergency for Purpose of Waiving Bid Process for Demolition of Structures at 200 Garfield Given City Council authorized the demolition of nine structures locatecl at 200 Garfield that were determined by City as dangerous and unsafe at the City Council Meeting of April 26, 2004, staff is concerned with the time that it would take to proceecl under the normal bid process. Staff is requesting City Council to waive the bid process due to public safety concerns listed below, and that City Council determine that an emergency exists providing staff the ability to expedite the demolition of the nine dangerous and unsafe buildings. Reasons for declaration of an emergency are as follows: 1. The buildings have been declared dangerous and unsafe by City Council after a public hearing and no one provided testimony to the contrary, including the owner, who was present and abstained from any comments. 2. All nine structures have been determine to contain asbestos, including friable asbestos (non-contained). 3. There have been two fires located in separate buildings, one as recently as November 15, 2003, exposing firefighters to dangerous conditions and asbestos. 4. The public hearing for consideration of City Council declaring these buildings dangerous and ordering their demolition on April 26, includes testimony that children are not only in the vicinity of these structures, but may be going into the buildings, exposing them to asbestos and other dangers, despite the City's attempts to keep the structures sealed. Testimony provided by one resident stated she has seen individuals entering the buildings. 5. The City has been contacted numerous times about the conditions: vandalism, graffiti, high weeds, etc. Since the Year 2000, there have been the following code enforcement calls for service: weeds - 22; securing of building - 20; graffiti - 11; building maintenance - 1; and debris - 6. 6. The Texas Department of Health may be willing to waive the 1o-day notice requirement and agree that at least the two burned units constitute an emergency for the purpose of asbestos and allow the city to remedy the current public nuisance after it reviews paperwork and material provided on this matter. e . T . ACTION OF CITY COUNCIL On this, the 26th day of April, 2004, the City Secretary of the City of La Porte, having received ~e above and foregoing report from the Dangerous Building Inspection Board of the City of La Porte, the City Secretary of the City of La Porte is hereby ordered to notify the owner in writing in accordance with the provisions of the City's Code of Ordinances Article VIII, Section 82-478, as amended by Ordinance #04- 2700. CITY OF LA PORTE B~~ ATTEST: L17J{t{tlJa AiL/I City Secretary CITY SECRETARY'S CERTIFICATE I herehy certify that on the J'1II- day of {)f!;:,i~ ,Mot I mailed a notice to the above named owner, in connection with th above referenced property, saId notice being in accordance with City's Code of Ordinances Article VIII, Section 82-478, as amended by Ordinance #04-2700. A copy of said notice is attached hereto. Said notice included a copy of the Dangerous Building Inspection Fonn attached hereto. L1r!dA4A~ #~ Martha Gillett City' Secretary S:\CPShare\Code EnforcemenMction by City Council Fonn.doc April 2004. Rev.