HomeMy WebLinkAboutR-2003-35 extend moratorium to file/issue permits for HCFC F216-00-00 project
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RESOLUTION NO. 2003- 35"
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS,
PLACING AND EXTENDING A MORATORIUM ON THE ACCEPTANCE FOR
FILING AND THE ISSUANCE OF BUILDING PERMITS AND ALL OTHER
DEVELOPMENT PERMITS FOR NEW CONSTRUCTION IN THE AREA
DESIGNATED FOR RIGHT-OF-WAY ACQffiSITION FOR BARRIS COUNTY
FLOOD CONTROL PROJECT F216-00..00; PROVIDING THAT SUCH MORATORIUM
SHALL EXPIRE AFTER 180 DAYS OR DISPOSITION OF RIGHT-OF-WAY
ACQffiSITION PROCEEDINGS, WHICHEVER COMES FIRST; PROVIDING FOR
SPECIAL EXCEPTIONS IN THE EVENT OF HARDSHIP; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Harris County Flood Control District, through cooperation with the City
of La Porte, has determined the preliminary right-of-way proposed for the F216-00-00 project, as
more particularly shown on Exhibit "A", attached hereto and incorporated by reference herein;
and
WHEREAS, the Harris County Flood Control District has requested a moratorium for
the issuance of building permits within an area designated for proposed right-of-way acquisition
by the Harris County Flood Control District and/or the City of La Porte as shown on Exhibit
"A";
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LA PORTE, TEXAS:
Section 1. The City Council of the City of La Porte finds and determines that the
premises hereof are true and correct.
Section 2. The City Council further finds and determines that it is in the best interests of
the public health, safety and general welfare of the citizens of the City to place a moratorimn on
the acceptance for filing and consideration and the issuance of building permits and all other
development permits for all properties in the area within the F2] 6-00-00 right-of-way, as more
particularly described on Exhibit "A", incorporated by reference herein, for a period of 180 days
from the date hereof, or until right-of-way acquisition is completed by Harris County Flood
Control District and/or City of La Porte, whichever date occurs first, and such moratorium is
hereby imposed.
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Section 3. This moratorium shall remain in effect for a period of 180 days or until right-
of-way acquisition is completed by Harris County Flood Control District and/or City of La Porte,
whichever comes first.
Section 4. Any property owners subject to this moratorium may apply to the City
Council for an exception in the event that a hardship results from its application, and the City
Council is authorized to grant an exception when it finds that such hardship does exist.
Section 5. The City Council officially finds, detennines,recites and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City Council is
posted at a place convenient to the public at the City Hall of the City for the time required by law
preceding this meeting, as required by 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 resolution 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 Resolution shall be effective from the date of its passage and approval,
and it is so ordered.
PASSED AND APPROVED this ~ day of JJE Cf'fYlfJ{e
, 2003.
By:
ATTEST:
~tt1i:1)?,t; 4$.#'
Marth A. GIllett, CIty Secretary
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EXHIBIT 1
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REQUEST FOR CITY COUNCIL AGENDA ITEM"
Age.da Da'e Requested: Deeem~
Requested By: Nil"k "FinSlln ...
Department: PlaAaiag c:?'
Appropriation
Source or Funds:
Account Number:
Report:
Resolution: X Ordinance:
Amount Budgeted:
Exhibits:
Resolution
Amount Requested:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
The City of La Porte and Harris County Flood Control District (HCFCD) are working together
on improvements to the Little Cedar Bayou watershed (F216-00-00). According to an
engineering study entitled Hydraulic Analysis for Little Cedar Bayou Watershed and prepared by
Harris County's engineering consultant, Binkley & Barfield, Inc., additional property needs to be
acquired to implement the recommended drainage improvements.
The land acquisition has been ongoing ever since Resolution 2003-16 was passed on June 9,
2003 which authorized John Armstrong, Assistant City Attorney to act in the City's behalf in
acquisition of land needed to build and construct the Little Cedar Bayou In-Line Detention
project. The land acquisition is almost complete with just a few properties remaining to be
acquired. The acquisition of these properties is projected to last beyond the automatic December
9,2003 expiration of the building moratorium enacted on June 9, 2003 by Resolution 2003-15.
The attached Resolution was prepared using the aforementioned engineering report and identifies
the area recommended for in-line detention. This Resolution will serve as an extension to the
aforementioned moratorium and provide the City with a tool to restrict development of property
needed for the future drainage improvements.
Action Required bv Council:
Consider approval of a Resolution restricting the development of parcels of land intended to be
acquired by the City (or others) for drainage improvements in the Little Cedar Bayou Watershed.
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Date