HomeMy WebLinkAbout01-12-15 Regular Meeting of La Porte City Council
LOUIS RIGBY
Mayor
DARYL LEONARD
JOHN ZEMANEK
Councilmember District 3
Councilmember At Large A
TOMMY MOSER
DOTTIE KAMINSKI
Councilmember District 4
Mayor Pro Tem
JAY MARTIN
Councilmember At Large B
Councilmember District 5
DANNY EARP
MIKE CLAUSEN
Councilmember District 1
Councilmember District 6
CHUCK ENGELKEN
Councilmember District 2
MINUTES OF THE SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
DECEMBER 15, 2014
Monday, December 15, 2014,
The City Council of the City of La Porte met in a special meeting on at the City
5:00 p.m
Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at . to consider the following
items of business:
1. CALL TO ORDER
Mayor Rigby called the meeting to order at 5:00 p.m. Members of Council present: Councilmembers
Kaminski, Clausen, Earp, Moser, Leonard, and Engelken. Absent: Councilmembers Zemanek and
Martin. Also present were City Secretary Patrice Fogarty, and City Manager Corby Alexander.
2.PUBLIC COMMENTS
(Limited to five minutes per person.)
There were no public comments.
3. CONSENT AGENDA
(All consent agenda items are considered routine by City Council and will be enacted by
one motion. There will be no separate discussion of these items unless a Councilmember requests an item be
removed and considered separately.)
(a)
Consider approval or other action regarding the minutes of the Regular Meeting held on
December 8, 2014 P. Fogarty
Councilmember Clausen moved to approve the minutes, as amended. Councilmember Leonard
MOTION PASSED.
seconded.
Ayes: Mayor Rigby, Councilmembers Moser, Leonard, Engelken,
Clausen, Kaminski and Earp
Nays: None
Absent: Councilmembers Martin and Zemanek
4. AUTHORIZATIONS
(a)
erage A. Curry
Councilmember Earp asked
was paid out by Voya as the Reinsurance provider. Vice-President Lance Pendley with McGriff, Seibels
and Williams of Texas, Inc., responded zero claims were paid in 2013 and $100,000.00 in claims
through October for the current year. Councilmember Earp asked how much the City will pay for
premiums for 2014. Mr. Pendley responded $350,000.00. Councilmember Earp questioned the
justification of an i
is a market increase. Councilmember Earp questioned if the City can request an extension for 30 days
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Page of
December 15, 2014, Special Council Meeting Minutes
to obtain additional bids. Mr. Pendley advised it can be extended, but the 12-month Stop Loss
Agreement will be off from the calendar year plan. Councilmember Earp commented the increase is not
justifiable. Councilmember Earp commented he has a problem with not having the opportunity to review
the profit margins of the Stop Loss Agreement before being asked to make a decision on the item being
presented. Mr. Pendley advised Council the intent was to include the item on the December 8, 2014
agenda; but he had to correct information that was not proper in the spreadsheet. Councilmember Earp
commented that in the future, the item needs to be presented before the end of the year.
Councilmember Leonard moved to .
MOTION PASSED.
Councilmember Moser seconded.
Ayes: Mayor Rigby, Councilmembers Clausen, Leonard, and Moser
Nays: Councilmembers Earp, Kaminski and Engelken
Absent: Councilmembers Martin and Zemanek
5. ADMINISTRATIVE REPORTS
There were no reports.
6. COUNCIL COMMENTS
regarding matters appearing on the agenda; recognition of community
members, city employees, and upcoming events; inquiry of staff regarding specific factual information
or existing policies Councilmembers Clausen, Martin, Moser, Kaminski, Zemanek Leonard, Engelken,
Earp, and Mayor Rigby.
Councilmembers Clausen reiterated with Councilmember Earp about starting earlier with the Stop Loss
Coverage renewal process and wished everyone a Merry Christmas; Councilmember Kaminski
commented the Employee Christmas Party was nice and wished everyone a Merry Christmas;
Councilmember Engelken reiterated what was said about starting earlier with the renewal process and
wished everyone a Merry Christmas; Councilmember Earp commented he deals with insurance a lot in
private industry and has changed insurance agents after doing business with them for many years
because of increased premiums; he also wished everyone a Merry Christmas; Mayor Rigby commented
the motion was to adopt what was presented and not to go back and negotiate something that was
already done. Mayor Rigby also added twelve bids were sent out, and only two bids were returned;
some responded they could not be competitive. Councilmember Earp advised he understands the
process. Mayor Rigby also wished everyone a Merry Christmas and a great 2015.
7. ADJOURN
There being no further business, the meeting adjourned at 5:17 p.m.
_______________________________
Patrice Fogarty, City Secretary
Passed and approved on January 12, 2015.
________________________________
Mayor Louis R. Rigby
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Page of
December 15, 2014, Special Council Meeting Minutes
January 12, 2015
Dow Hydrocarbons and Resources, LLC
1254 Enclave Pkwy.
Houston, TX 77077
Attn: Mr. Chico Negual/Wood Group Mustang
RE:Pipeline Transportation Permit (PT-14-37000003)
Dear Mr. Negual:
Your application for a permit to construct a 12” Ethane Y-Grade Liquids pipeline within the city limits of La Porte
has been approved by La Porte City Council. You are hereby authorized to begin your project as governedby
regulations set forth in City of La Porte Ordinance 2004-2755 and the conditions stipulated below:
1.Notify City Staff no less than 48 hours prior to commencement of construction.
2.Post copies of this Permit at all public right-of-way crossings.
3.Per Sec. 102-235, Item (k) of La Porte’s Code of Ordinances (Ord. 2004-2755): “the Permittee shall, at
any time in the future, where such pipeline or portion thereof crosses or is laid within, under or across any
street, road or utility right-of-way, drainage way or public way existing or projected at the time the permit
is issued, reposition such pipeline (which shall include lowering or raising the pipeline, as well as casing it,
if required) at the Permittee’s sole expense, when the City reasonably requires such action incidental to
public construction or public improvement: construction, maintenance and improvement of streets, water
lines, sanitary sewer lines, storm sewers, ditches and public utilities. The City shall give the Permittee prior
written noticeof the need for repositioning location, and such notice shall be mailed certified mail, return
receipt requested, to the Permittee as designated in the application. The Permittee shall have six (6) months
to complete such repositioning.
4.Any and all construction materials utilized by the pipeline contractor for access across any and all drainage
ditches, drainage paths and/or drainage channels shall be promptly removed by the contractor upon
completion of construction at each crossing.
5.Any fill material resulting from construction shall be removed or be subject to a Fill Permit from the City.
6.Prior to an anticipated major rain event, contractor shall remove all construction-related materials and/or
fill from any drainage way or roadside ditch as to not impede storm water runoff.
Sincerely,
Tim Tietjens
Planning Director
CC:Finance Department; PT-12-37000001 File
City of La Porte 604 W. Fairmont ParkwayPhone: (281) 471-5020
Planning and DevelopmentLa Porte, TX 77571-6215Fax: (281) 470-5005
ANDSHOWN
APPROVED
FORMAT
BEEN
THE
ONLY:
NOT
FROM
DRAFT
HAS
MODIFIED
PLAN
SITE
BE
HERE
THIS
MAY
ORDINANCE NO. 2015 -
AN ORDINANCE AFFIC AND VEHICLES
ORDINANCES BY ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHILCES
UNDER THE PROVISIONS OF SEC. 545.356, TEXAS TRANSPORTATION CODE, UPON CERTAIN
STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY
OF LA PORTE; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON
VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR
AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO HUNDRED
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF;
DOLLARS; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Whereas, Sec. 545.356 of the Texas Transportation Code provides that whenever the governing body of
a municipality shall determine upon the basis of an engineering and traffic investigation that any prima facie
speed therein set forth is greater or less than is reasonable or safe under the conditions found to exist at any
intersection or other place or upon any part of a street or highway within the city, taking into consideration the
width and condition of the pavement and other circumstances on such portion of the street or highway, as well
as the usual traffic thereon, said governing body may determine and declare a reasonable and safe prima facie
speed limit thereat or thereon by the passage of an ordinance, which shall be effective when appropriate signs
giving notice thereof are erected at such intersection or other place or part of the street or highway;
Now Therefore, upon the basis of an engineering and traffic investigation heretofore made as authorized
by the provisions of§ 545.356, Texas Transportation Code, the following prima facie speed limits hereafter
indicated for vehicles are hereby determined and declared to be reasonable and safe; and such speed limits are
hereby fixed at the rate of speed indicated for vehicles traveling upon the named streets and highways, or parts
thereof:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1
: That Chapter 70Traffic and VehiclesIOperation of Vehicles
Section 70-102 Thirty-five mile per hour zonesf Ordinances, La Porte, Texas, is
hereby amended to read as follows:
-102. - Thirty-five mile per hour zones.
The following streets or portions of such streets shall constitute special speed zones, and it shall be
unlawful for any person to operate any motor vehicle at a rate of speed in excess of 35 miles per hour in any
such zone:
(1)Along Underwood Road, from a point 2,350 feet south of West Main to a point 650 feet north of West
Main, a distance of 3,000 feet, 0.57 miles;
(2)Along West Main, from a point 925 feet west of Farrington Boulevard to a point 1,125 feet east of
Farrington Boulevard, a distance of 2,050 feet, 0.39 miles;
(3)Along West Main Street, from State Highway 146 to a point 1,900 feet west of South 16th Street, 0.36
miles;
(4)Along North L Street, from a point 545 feet east of Alvy Lane to the east right-of-way line of Underwood
Road, a distance of 7,542 feet, 1.42 miles;
(5)Along Driftwood Drive from West Main to Fairmont Parkway, a distance of 4,700 feet, 0.89 miles;
(6)Along Fairmont Parkway, from a point 550 feet west of State Highway 146 to South Broadway, a
distance of 4,000 feet, 0.76 miles;
(7)Along South 16th Street from West Main to a point 1,500 feet south of West Main, a distance of 1,500
feet, 0.28 miles;
(8)Along East Barbours Cut Boulevard from State Highway 146 to North Broadway, a distance of 3,100
feet, 0.59 miles; and
(9)Along Park Avenue from San Jacinto to East E Street, a distance of 4,700 feet, 0.89 miles.
(10)Along SH 146 Frontage Road, northbound, from the north city limit boundary in the City of La Porte to
the intersection of McCabe Road, a distance of approximately 4.836 miles.
(10)Along SH 146 one way frontage road, from the north city limit City of La Porte to 400 feet north of Elm
Street, a distance of approximately 0.865 miles;
(11)Along SH 146 Frontage Road, southbound, from the north city limit boundary in the City of La Porte to
a point 1928 feet south of the north city limit boundary, a distance of approximately 0.365 miles.
(11) Along SH 146 two way frontage road, from 400 feet north of Elm Street to the intersection of Barbours
Cut Blvd, a distance of approximately 0.735 mile;
(12)Along SH 146 Frontage Road, southbound, from a point 808 feet south of the Union Pacific Railroad
boundary in the City of La Porte to the intersection of McCabe Road, a distance of approximately 3.701
miles.
(12) (13)Along Canada Road from Defiance Street to West Main Street, a distance of 1,750 feet, 0.33
miles
Section 2
:
-103 Forty mile per hour z
amended to read as follows:
Sec. 70-103. - Forty mile per hour zones.
The following streets or portions of such streets shall constitute special speed zones, and it shall be
unlawful for any person to operate any motor vehicle at a rate of speed in excess of 40 miles per hour in any
such zone:
(1)Along West Main from Luella Boulevard to a point 2,000 feet west of Luella Boulevard, a distance of
2,000 feet, 0.38 miles;
(2)Along North H Street from Lomax School Road to 26th Street, a distance of 8,300 feet, 1.57 miles;
(3)Along North L Street, from a point 2,750 feet east of Lomax School Road to 26th Street, a distance of
5,500 feet, 1.04 miles;
(4)Along North P Street from Underwood Road to 26th Street, a distance of 13,100 feet, 2.48 miles;
(5)Along 26th Street from State Highway 225 to West Main, a distance of 9,300 feet, 1.76 miles;
2
(6)Along North 16th Street from Barbours Cut Boulevard to West Main, a distance of 2,850 feet, 0.54
miles;
(7)Along South 16th Street, from a point 1,500 feet south of West Main to Fairmont Parkway, a distance of
3,300 feet, 0.63 miles; and
(8)Along Barbours Cut Boulevard from North 16th Street to State Highway 146, a distance of 2,050 feet,
0.39 miles."
(9)Along SS 501 from BS 146 D (Wharton Weems Blvd) to Fairfield, a distance of 0.873 miles.
(10)Along SS 501 from 272 feet north of North Shady Lane to the South City of La Porte Limit, a distance
of approximately 0.144 miles.
(11)Along BS 146 D from 540 feet north of Forest Avenue to 1,596 feet south of Forest Avenue, a distance
of 0.200 miles.
(12)Along SH 146 northbound and southbound frontage roads, from the intersection of Barbours Cut Blvd to
the intersection of McCabe road, a distance of approximately 2.966 miles
Section 3
. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of
the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to
exceed TWO HUNDRED DOLLARS ($200.00).
Section 4.
Each and every provision, paragraph, sentence and clause of this Ordinance has been separately
considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been
separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or
unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid
portion shall be in force just as if it had been passed alone.
Section 5
. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such
conflict only.
Section 6.
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 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,
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 7
. 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 of the City of La Porte at least once within ten (10) days after the passage of this ordinance.
PASSED AND APPROVED this the______ day of _________________, 2015.
CITY OF LA PORTE
3
By:
Louis R. Rigby, Mayor
ATTEST:
City Secretary
APPROVED:
Assistant City Attorney
4
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
1/12/15
Agenda Date Requested:
Fund 002 (Utilities)
Source of Funds:
David Mick
Requested By:
Various
Account Number:
Public Works
Department:
$145,000
Amount Budgeted:
Report: Resolution: Ordinance:
$86,494.36
Bid Tabulation
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits:
Exhibits
SUMMARY & RECOMMENDATION
Advertised sealed bid #15005 – Water and Sewer Supplies was opened and read on December 2,
2014, three bids were received. Bids were advertised in the Bay Area Observer on November 13
& 20, 2014, posted on the City’s website and Public Purchase.
Low bids meeting specifications were submitted as follows:
HD Supply
Section #1 Service Material and Brass $25,721.70
MDN Enterprises
Section #2 Clamp & Couplings $22,338.52
Section #4 Gate Valves $ 9,492.06
Section #5 Ductile & C I Fittings $15,153.56
Section #6 Transition Couplings $ 967.60
Sub Total $47,951.74
Coburn’s Supply
Section #3 Rubber Adapters, Sewer Fittings, Tubing and Meter Boxes $12,162.02
Section #7 PVC Pipe & Fittings $ 658.90
Sub Total $12,820.92
Grand Total $86,494.36
The contract price is for one (1) year with an additional one-year renewable option period upon
agreement of both parties.
Staff Recommendation:
Staff recommends award of water and sewer supplies to low bidders meeting specifications as
listed above. Items will be purchased for Public Works warehouse inventory throughout the year
and distributed as needed. Funds are available and within budget of the water and sewer
divisions’ various accounts and CIP projects. Some of the accounts are as follows:
Waste Water Collection 002-7086-532-4013 Sanitary Sewer line repairs $20,000
Water Distribution 002-7085-533-4012 Water Line repairs $40,000
Capital Improvement Project number UTL 697 Valve Replacement $40,000
Capital Improvement Project number UTL 898 In house Water Main Replacement $45,000
Project Benefits, Liabilities, and Operating Costs:
These items are maintained in the warehouse for water and sewer line leaks and repairs,
including commercial and residential. The immediate availability of these items reduces the time
that water is shut-off for the citizens and reduces amount of water leaking into roads, alleys, and
ditches. If the items are not available, utility crews would have to drive into Houston to purchase
the parts, significantly decreasing productivity and efficiency.
Action Required by Council:
Consider approval or other action authorizing the City Manager to enter into contracts with HD
Supply, MDN Enterprises, and Coburn’s Supply for the annual supply of water and sewer
supplies in the amount of $86,494.36.
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
ORDINANCE NO. _____________
AN ORDINANCE AMENDING CHAPTER 106 “ZONING” OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY CHANGING THE ZONING
CLASSIFICATION FROM SPLIT LOW DENSITY RESIDENTIAL (R-1) AND GENERAL
COMMERICAL (GC) TO EXCLUSIVELY GENERAL COMMERCIAL (GC), FOR A 1.6611
ACRE TRACT OF LAND HEREIN DESCRIBED; MAKING CERTAIN FINDINGS OF FACT
RELATED 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, TEXAS:
Section 1
: Chapter 106 “Zoning” of the Code of Ordinances is hereby amended by changing the
zoning classification of the following described property, to wit: 1.6611 acres of land located near
the intersection of Canada Road and Spencer Highway, in the William Jones Survey, Abstract 482,
City of La Porte, and more particularly described by metes and bounds description attached hereto
as Exhibit A and incorporated by reference for all purposes, from split Low Density Residential (R-
1) and General Commercial (GC) classifications, to exclusively General Commercial (GC).
Section 2:
All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 3
. Should any section or part of this ordinance be held unconstitutional, illegal, or
invalid, or the application to any person or circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such
remaining portion or portions, the same shall be and remain in full force and effect and to this
end the provisions of this ordinance are declared to be severable.
Section 4.
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 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 Chapter 551, Tx. Gov’t 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 5.
The City Council of the City of La Porte hereby finds that public notice was properly
mailed to all owners of all properties located within two hundred feet (200’) of the properties
under consideration in compliance with code provisions.
Section 6
. The City Council of the City of La Porte hereby finds, determines, and declares that
all prerequisites of law have been satisfied and hereby determines and declares that the
amendments to the City of La Porte Zoning Map and Classification contained in this Ordinance
as amendments thereto are desirable and in furtherance of the goals and objectives stated in the
City of La Porte’s Comprehensive Plan.
Section 7.
This Ordinance shall be effective upon its passage and approval of this Ordinance,
this Ordinance shall become null and void.
PASSED AND APPROVED this the______ day of _________________, 2015.
CITY OF LA PORTE
By:
Louis R. Rigby, Mayor
ATTEST:
Patrice Fogarty, City Secretary
APPROVED:
Clark T. Askins, Assistant City Attorney
2
Legal Description:
1.6611 Acres
72,356 Sq. Ft.
Being 1.6611 acres of land in the William Jones Survey Abstract No. 482, City of La Porte, Harris County, Texas,
being all of the called 1.7288 acre tract of land as described in deed to SARD Enterprises, Inc. as recorded in Harris County
Clerk's File Number 20110256783, less a 0.068 Judgment to the City of La Porte, Texas recorded in Harris County Clerk's
File Number Y861690, and being more particularly described by metes and bounds as follows:
COMMENCING
at a 5/8 iron rod with "Atkinson 5897" cap set at the intersection of the south right of way of
Spencer Highway (width 100 feet) with the east right of way of Canada road (width varies) being the northeast corner of
Reserve "B" dedicated to the City of La Porte to widen Canada Road shown by plat recorded in Film Code 419137 of the
Harris County Map Records,, said iron rod also being the northwest corner of Lot 1 as shown by plat of Texaco at Canada
Subdivision recorded in Film Code 419137 of the Harris County Map Records;
THENCE
N.86°59'03"E. 195.00 feet along the south right of way of said Spencer Highway (width 100 feet), to a
PLACE
5/8 iron rod with "Atkinson 5897" cap set marking the northwest corner of said 1.7288 acres and also marking the
OF BEGINNING
;
THENCE
N.86°59'03"E. 151.63 feet continuing along the south right of way of said Spencer Highway (width
100'), to a 5/8 iron rod with "Atkinson 5897" cap set for corner at the intersection of the south right of way line of Spencer
Highway and the west boundary of a 55 foot fee strip described to Harris County Flood Control District in Harris County
Clerk's File Number P302406;
THENCE
S.09°28'15"W. 340.02 feet to a 5/8 iron rod with "Atkinson 5897" cap set for corner, a 5/8 inch iron rod
with H.G. Smith Cap found bears S.89°59'57"W. 5.39 feet, said set iron rod also the northeast corner of the called "Lot 6" as
described to Fred Anthony in Harris County Clerk's File Number P430065;
THENCE
S. 87°07'34"W. 361.41 feet to a 1 inch iron pipe found in the east right of way of said Canada Road
(width varies);
THENCE
N.15°39'57"E. 138.38 feet along the east right of way of said Canada Road (width varies), to a 5/8 iron
rod with "Atkinson 5897" cap set marking the northeast corner of a called 0.068 acres conveyed to City of La Porte in
Harris County Clerk's File Number Y861690;
THENCE
N.86°59'03"E. passing a 5/8 iron rod with "Atkinson 5897" cap set at 45.00 feet marking the southwest
corner of said Lot 1, and continuing in all 240.00 feet to a 1/2 inch iron rod found for corner;
THENCEPLACE OF BEGINNING
N.03°18'42"W. 200.00 feet, to the .
EXHIBIT A
SUBSTANDARD BUILDING LIST
(Summer 2014 Group Granted 60 Days to Repair)
3322 Clarksville St.
1)
(Single-Family Dwelling in R-1 Low-Density Residential Zone)
HCAD: 079-083-006-0090
Legal Description: Blk. 6; Lot 91 & N ½ of Lt 90; Spencer Hwy Estates
Improvements: $ 27,943.00 as of January 2014 per HCAD
Taxes Owed: $ 0
Mowing/Clean-up: $ 0- No Pending Liens
Utility Billing: $ 0 (Termination Date 10/14/2013)
303 S. Iowa St. (SECONDARY STRUCTURE, REAR OF PROPERTY)
2)
(Single-Family Dwelling in R-1 Low-Density Residential Zone, Secondary Structure)
HCAD: 024-007-016-0003
Legal Description: Blk. 216; Lots 4 & 5 & S. ½ of Lot 6; La Porte
Improvements: $ 37,728.00 as of January 2014 per HCAD
Taxes Owed: $ 0
Mowing/Clean-up: $ 0- No Pending Liens
Utility Billing: $ 0
119 S. Carroll St.
3)
(Single-Family Dwelling in R-1 Low-Density Residential Zone)
HCAD: 006-177-000-0010
Legal Description: Blk. 87; Lots 10 & 11; Bay Front to La Porte
Improvements: $ 3,135.00 as of January 2014 per HCAD
Taxes Owed: $ 0
Mowing/Clean-up: $ 212.20
Utility Billing: $ 53.86 (Termination Date 10/22/2013)
500 W. Main St.
4)
(Commercial Structure in Main Street District Overlay)
HCAD: 023-189-000-0021
Legal Description: Blk. 56; Lots 21 & 22; La Porte
Improvements: $ 42,539.00 as of January 2014 per HCAD
Taxes Owed: $ 0
Mowing/Clean-up: $ 0- No Pending Liens
tandard Bldg. List Summer
Subs2014 Group
Utility Billing: $ 0 (Termination Date 3/10/2011)
Substandard Bldg. List Summer 2014 Group
3322 Clarksville St.
1)
(Single Family Dwelling in R-1 Low Density Residential Zone)
HCAD: 079-083-006-0090
Legal Description: Blk: 6; Lts: 91 & N ½ of Lt 90; Spencer Hwy Estates
Tax Roll: Perales Rosabel 11147 Plain Brook St. La Porte, TX 77571-9367
Deed: Rosabel Perales 1147 Plain Brook La Porte, TX 77571
303 S. Iowa St.
2)
(Single Family Dwelling in R-1 Low Density Residential Zone)
HCAD: 024-007-016-0003
Legal Description: Blk: 216; Lts: 4 & 5 & S ½ of Lt 3 & N ½ of Lt 6; La Porte
Tax Roll: Cernosek Randall W 514 S Black St. La Porte, TX 77571-5711
Deed: Randall W. Cernosek 303 South Iowa Street La Porte, TX 77571
119 S. Carroll St.
3)
(Single Family Dwelling in R-1 Low Density Residential Zone)
HCAD: 006-177-000-0010
Legal Description: Blk: 87; Lts: 10 & 11; Bay Front to La Porte
Tax Roll: Lopez Rufina 3007 Country Boy Ct. Spring TX 77373-8022
Deed: Rufina Lopez 3007 Country Boy Court Spring TX 77373
500 W. Main St.
4)
(Commercial Structure in Main Street District Overlay)
HCAD: 023-189-000-0021
Legal Description: Blk: 56; Lts: 21, 22 & 23; La Porte
Tax Roll: Diaz Gilbert 802 Ivy Ave, Deer Park, TX 77536- 3220
Deed: Gilbert Diaz 802 Ivy Ave Deer Park, TX 77536
ORDINANCE NO.
AN ORDINANCE DECLARING THE BUILDING(S) LOCATED AT ____________ HARRIS COUNTY,
TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING
THAT ____________ IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID
OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID
OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE
EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION
WITHIN FORTY-FIVE (45) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING
THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S);
ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID
OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF
NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN
EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW.
WHEREAS, the City Council of the City of La Porte, passed and approved Section 82-472 of the Code
of Ordinances, creating a Dangerous Building Inspection Board (the Board) to be composed of the Building
Official or his duly authorized representative, the Fire Chief or his duly authorized representative, the Fire
Marshal or his duly authorized representative; and
WHEREAS, Section 82-474 (a) provides that:
Whenever it shall come to the attention of the Board or any member thereof, by reason of the carrying
out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City
Council, that a dangerous building exists, the Board shall make a thorough inspection of such building(s); and
WHEREAS, Section 82-474 (e) provides that:
After the inspection provided for in this Section has been made, with or without the aid of experts, the
Board shall report its conclusion in writing to each of the members of the City Council and to the City Attorney.
Such report shall state the circumstances and the condition of the building(s) upon which such conclusion was
based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and
WHEREAS, it has heretofore come to the attention of the Board that the building(s) located at
___________________, Harris County, Texas, has become dangerous or substandard and thereby a public
nuisance, as established in Section 82-473 of the Code of Ordinances of the City of La Porte; and
Ordinance No. Page 2
WHEREAS, said Board has heretofore made and filed its written report, dated SEPTEMBER 10, 2012
finding said building to be in fact a dangerous building;
WHEREAS, City Council received such report, and ordered notice to the record owner(s) of said
property, Susan Rector whose address is ____________, LA PORTE, TX 77571, that a hearing as provided in
Section 82-477 of said Ordinance would be held at 6:00 PM on ___________, at 604 W. Fairmont Parkway, at
the Council Chambers, City Hall, City of La Porte, Texas, and after holding said ____________ hearing
additional notice was sent advising that said hearing was continued to ________________; furthermore, notice
was sent advising that the ___________ hearing was continued to _____________, at which time the Council
would hear further evidence for and against the conclusions of the Board; at which time the Council would hear
evidence for and against the conclusions of the Board;
WHEREAS, the City Secretary has heretofore served notice of said hearing upon said owner(s), by
registered mail, return receipt requested, which return receipt indicated that said owner(s) received said notice
on __________________________ a date more than ten (10) days before the date set for said hearing;
WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public
hearing, at which time evidence was presented both for and against the conclusions of the Board; that the
______________ public hearing was continued for three months to __________________, and an additional
three months t__________________, at which time the hearing was concluded;
WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of
the hearing, is required to make its decision in writing and enter its order; and
WHEREAS, City Council entered its order on a day which is within fifteen (15) days after
the termination of the hearing; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Ordinance No. Page 3
Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and orders of the City
Council of the City of La Porte, based upon the evidence presented at said hearing.
Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the
attached report of the Board, in full, and incorporates such by reference herein as fully as though set out herein.
Section 3. The City Council hereby finds, determines and declares such building(s) to be a public
nuisance, and orders such building(s) condemned.
Section 4. The City Council hereby finds, determines and declares that __________________, who
resides at _______________, LA PORTE, TX 77571 and is the record owner(s) of the property on which this
building is situated, and that as such record owner(s), the said _____________ has been duly and legally
notified of those proceedings.
Section 5. The City Council hereby orders the said ___________ to entirely remove or demolish
such building(s), and further orders the said ___________ to commence such removal within ten (10) days from
the effective date of this Ordinance, and to complete said removal or demolition within forty-five (45) days
from the effective date of this ordinance.
Section 6. The City Council hereby orders the Board of the City of La Porte to cause a notice of the
dangerous, unsanitary condition of the building(s) to be affixed in one or more conspicuous places on the
exterior of the building(s), which notice or notices shall not be removed or defaced by any person, under penalty
of law.
Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this
Ordinance, to the record owner(s) of said property (the said ______________) and to any and all lienholders or
mortgagees, by registered mail, return receipt requested; file a copy of this Ordinance in the office of the City
Secretary; and, publish in the official newspaper of the city a notice containing: 1) the street address or legal
description of the property, 2) the date of the public hearing, 3) a brief statement indicating the results of the
hearing, and 4) instructions stating where a complete copy of this Ordinance may be obtained.
Ordinance No. Page 4
Section 8. Should the said ____________, not comply with the orders contained in this Ordinance
relating to the removal or demolition of such building(s) within forty-five (45) days after hereof, then the City
of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said
building(s) to be removed or demolished without delay, and the expenses of such procedure shall be charged
against the said ________________ record owner(s) of said property, and shall thereupon become a valid and
enforceable personal obligation of said owner of such premises, and the said City shall carefully compute the
cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such
building(s), and made lien thereon.
Section 9. The City Council officially finds, determines, and 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 10. This Ordinance shall take effect and be in force from and after its passage and approval.
PASSED AND APPROVED this the day of , 2014.
CITY OF LA PORTE
By:
Louis R. Rigby, Mayor
ATTEST:
Patrice Fogarty, City Secretary
APPROVED:
Ordinance No. Page 5
Clark T. Askins, Assist. City Attorney
LOCALAMENDMENTSTOTHE
20032015EDITIONOFTHEINTERNATIONALFIRECODE
The following represents local amendments to the
2003 Edition of the International Fire
, adopted by the City Council of the City of La Porte on February12,2007January
Code
12, 2015;in Ordinance number 1388-DE. References are to additions, deletions,
amendments, or replacement of sections.
20032015Edition of the International Fire Code
Section numbers correspond to the numbering in the
20032015Editionof the International
.
Fire Code
CHAPTER 1 ADMINISTRATION
109.3109.4Violation penalties.
Amend by deleting this section and adding a new paragraph.
Persons who shall violate a provision of this code or shall fail to comply with any of the
requirements thereof or who shall erect, install, alter, repair or do work in violation of the
approved construction documents or directive of the code official, shall be guilty of a
violation and punishable bya fine. Each day that a violationcontinues after due notice
has been served shall be deemed aseparate offense.
111.4 Failure to comply.
Any person who shall continue any work after having been served with a stop work
order, except such work as that person is directed to perform to remove a violation or
unsafe condition, shall be liable to a fine of not more than $500.00 dollars. Each and
every day shall constitute a separate violation.Each day that a violationcontinues after
due notice has been served shall be deemed aseparate offense.
CHAPTER 2 DEFINITIONS
202 General Definitions.
Amend paragraph \[B\] Educational Group E. Day Care to read as follows:
The use of a building or structure, or portion thereof, for education, supervision or
personal care services for more than five children older than 2-1/2 years of age, including
children related to the staff, shall be classified as an E Occupancy.
1
EXHIBIT A
Add the following definition for Service:
Service is the annual test, maintenance, or service defined and required by applicable fire
equipment standardsset forth in table 901.6.1.
CHAPTER 4EMERGENCY PLANNING AND PREPAREDNESS
401.3.4 False Alarm Charges.
Amend by adding a new subsection 401.3.4
Except as otherwise provided herein, the owner of a building containing a fire protection,
fire alarm, or other types of emergency notification systems, shall pay a charge in
accordance with this section for each and every false alarm to which the fire department
responds.
Exceptions:
1.No charge for the first two false alarms within a calendar year.
2.Each false alarm in excess of two during a calendar year will be charged a
response fee of $200.00
As used by the section, “false alarm” means an alarm signal generated by a privately
owned fire or emergency alarm system reporting an alarm for which no fire or emergency
actually exists; it includes system malfunctions, faulty operation of detectors, and false
alarms not classified above. It does not include those incidents where the detector or
system operated as designed such as but not limited to, a smoke detector sounding from
someone smoking under the detector or a manual pull station being pulled.
405.10 False alarms.
Amend by adding a new subsection 405.10 to read as follows:
False alarms may not count as a fire drill for the purpose of this section.
2
EXHIBIT A
408.3.5405.10False alarms.
Amend by adding a new subsection 408.3.5405.10to read as follows:
False alarms may not count as a fire drill for the purpose of this section.
CHAPTER 5 FIRE SERVICE FEATURES
503.7503.3FireLane
Amend by adding a new subsection 503.7503.3to read as follows:
The Fire Marshal of the City of La Porte or designee is hereby authorized to
designated fire lanes/fire zones on the property of shopping centers, nursing
homes, hospitals, apartment complexes, town home complexes, schools and any
other locations that he has deemed necessary to have fire lanes/fire zones.
A.The designation by the Fire Marshal of such lanes/fire zones shall never be
held to make the City of La Porte responsible for the maintenance of such
lanes on private property, but the owner of such property shall continue to
be responsible for the maintenance for such areas.
B.Upon designation of such fire lane/fire zones pursuant to this code, the
Fire Marshal shall give notice of such designation to the owner of such
property, directing the owner to cause signs to be posted and/or curbs to be
painted and/or stenciled.
C.The required signs and/or painted curb shall read "FIRE LANE" or, "FIRE
ZONE". The letter size should be not less than 3" in height and 1/2" in
width.
D.The sign shall be a metal sign of standard size, with a weather resistant
white background with red letters. The mounting and height information
can be obtained from the City of La Porte Public Works and/or City of La
Porte Police Department. The sign shall be installed not less than every 20
feet.
E.The curb shall be painted "Red" in color and/or the stenciled information,
"FIRE ZONE" and/or "FIRE LANE" shall be stenciled in "White" colored
letters. The stencil should not be less than 20 feet, apart on the curb.
F.It is hereby declared to be unlawful to obstruct in any manner, including
parking or standing any attended or unattended vehicle in any fire lane/fire
zone as defined hereof, where the signs have been erected or the curbs
have been painted and stenciled including pre-existing fire lane/fire zones
3
EXHIBIT A
with visibly erected signs and/or stenciled curbs reading “FIRE LANE” or
“FIRE ZONE”
EXCEPTIONS:
1.Any authorized emergency vehicle conducting official emergency
business.
2.Any marked vehicle of the United States Postal Service officially
dispatching mail or any marked vehicle of a Parcel Post Delivery Service
officially dispatching Parcel Post.
3.Any armored vehicle officially dispatching or picking up currency.
503.8503.7Violations
Amend by adding a new subsection 503.8503.7toread as follows:
It is hereby declared to be unlawful for any person, without lawful authority of the
Fire Marshal to attempt to or in fact alter, deface, injure, knock down, or remove
any sign and/or painted curb designating a fire lane/fire zone that has been
erectedand/or stenciled under the term of this code.
The Fire Marshal, any dully authorized representative, and/or any peace officer of
the State of Texas may issue a summons or notice to appear in answer to a charge
of any violation of this code. Such summons shall be issued on an official form
(ticket book) acceptable to the City of La Porte.
Any person found guilty of a violation of this code shall, upon conviction, be
subject to a fine ranging from one dollar to two thousand dollars, as set by the
City of La Porte Municipal Court. Each day the violation continues shall
constitute a separate offense.
No owner, manager or person in charge of anypremises served by a required fire
lane/fire zone shall abandon or close any such fire lane/fire zone without
permission of the Fire Marshal or designee.
508.3 Fire Flow.
Section removed and is covered under Appendix B
Amend by deleting the existing paragraph and replace with the following paragraph:
Water supplies for fire flow requirements for buildings or portions of buildings and
facilities shall be calculated using the provisions of Appendix Chapter B and Table
B105.1
4
EXHIBIT A
508.5.1507.5.1Installation
Amend by deleting the existing paragraph and replace with the following paragraph:
All required water mains and fire hydrants shall be installed as follows:
1.Residential area fire hydrants shall be installed on a 6-inch or larger approved
water main and placed so that no building is over 500 feet from a fire hydrant.
Distance for hydrant placements shall be measured at curb line and/or access
corridor.
EXCEPTIONS:
A.When in the opinion of the fire chief and fire marshal awater main and/or
fire hydrant is not necessary due to the existence of built-in fire protection
system(s); or
B.When the Fire Chief and Fire Marshal have been notified in writing that
pending water mains and fire hydrants are beinginstalled in the vicinity,
consistent with the terms of this code.
2.Commercial and industrial area fire hydrants shall be installed on an 8-inch or
larger approved water main and shall be placed so that no part of any building is
over 300 feet from a fire hydrant. Distance for hydrant placements shall be
measured at curb line and/or access corridor.
EXCEPTIONS:
A.When in the opinion of the fire chief and fire marshal a water main and/or
the fire hydrant is not necessary due to the existence of built-in fire
protection system(s); or
B.When the fire chief and fire marshal have been notified in writing that
pending water mains and fire hydrants are being installed in that vicinity,
consistent with the terms of this code.
508.5.4 Obstructions.
Amend by deleting the existing paragraph and replace with the following paragraph:
Posts, fences, vehicles, growth, trash, snow, storage and other materials or objects shall
not be placed or kept near fire hydrants, fire department connections, or fire protection
system control valves in a manner that would prevent such equipment or fire hydrants
from being immediately discernible. The fire department shall not be deterred or hindered
from gaining immediateaccess to fire protection equipment or fire hydrants. A 3-foot
clear space shall be maintained around all fire hydrants, fire department connections, and
fire protection control valves on private or public property.
5
EXHIBIT A
CHAPTER 6 BUILDING SERVICES AND SYSTEMS
-Added new section to 2015 Amendments
609.3.5 Plan Submittal Requirements
CHAPTER 9 FIRE PROTECTION SYSTEMS
-Added new section to 2015 Amendments
901General
901.4 Installation of fire protection systems.
Section removed, addressed in Fire Code
Amend by adding an exception at the end of this section.
Exception: Buildings temporarily closed due to seasonal operations may have their fire
systems deactivated under the following conditions:
1.Building is unoccupied.
2.Building is properlysecured.
3.All utilities are disconnected and drained.
4.The fire systems are certified as operational before the building is reoccupied.
5.A 24-hour a day fire watch as defined in section 202 is provided during the
interim between when utilities are reactivated and the fire systems are certified as
operational.
6.The fire department must be notified of such closure.
7.A letter from the insurance carrier or, owner if self-insured, indicating knowledge
of the closure is provided to the fire department.
901.4.5 Marking of Fire Protection Equipment.
Section removed, addressed in Fire Code
Amend by adding a new section to read as follows:
Fire Department connection devices for building sprinkler systems in new and existing
buildings shall be identified by the installation of approved reflective markers or signs
installed above the device in an unobstructed location at approximately 7 feet above
grade.
901.9Damage protection.
Section removed, addressed in Fire Code
Add a new subsection toread as follows:
6
EXHIBIT A
When exposed to probable vehicular damage due to proximity to alleys, driveways or
parking areas, standpipes, post indicator valves and sprinkler system or standpipe system,
connections shall be protected in an approved manner.
903.2.2 Group E.
Delete paragraph and substitute with the following:
An automatic sprinkler system must be provided throughout all Group E occupancies. An
automatic sprinkler system shall also be provided for every portion of educational
buildings below the level of exit discharge. The use of fire walls does not establish a
separate building for purposes of this section.
Exceptions:
1.Buildings with E occupancies having an occupant load of 49 or less.
2.Day care uses not otherwise requiring an automatic sprinkler system by other
provisions of the code.
Day care uses that are licensed to care for more than 5 persons between the hours of 10
p.m. and 6 a.m. shall be equipped with an automatic sprinkler system designed and
installed in accordance with section 903.3.1.3 or an approved equivalent system. This
includes children related to the staff.
-Added new section to 2015 Amendments
903.2.8.3 Group R-1 & R-2
This section combines Group R, R-1 & R-2.
903.2.7 Group R.
Amend this section by adding an exception:
Bed and breakfast occupancies with five rentablesleeping rooms or less do not require an
automatic suppression system.
903.2.7.1 Group R-1.
Add new subsection to read as follows:
An Automatic sprinkler system or a residential sprinkler system installed in accordance
with section 903.3.1.2 must be provided throughout all buildings with a group R-1 fire
7
EXHIBIT A
area.Group R-1 shall have 100% automatic sprinkler coverage throughout all buildings
and spaces.
Exception: Where guest rooms are not more than three stories above the lowest level of
discharge and each guestroom has at least one door leading directly to an exterior exit
access that leads directly to an approved exit.
903.2.7.2 Group R-2.
Add new subsection to read as follows:
An automatic sprinkler system or a residential sprinkler system installed in accordance
with section 903.3.1.2 shall be provided throughout all buildings with a group R-2 fire
area that are more than two stories in height, including basement, or have more than
sixteen dwelling units or sleeping units.Group R-2 shall have 100% automatic sprinkler
coverage throughout all buildings and spaces.
903.2.7.3 Group R-4.
Section removed, addressed in Fire Code
Add new subsection to read as follows:
An automatic sprinkler system or a residential sprinkler system installed in accordance
with Section 903.3.1.2 shall be provided throughout all buildings with a Group R-4 fire
area.
907.1.1 Construction Documents.
Section removed, addressed in Fire Code
Amend by adding a new item to read as follows:
12.System riser diagram
907.2.3 Group E.
Section removed, addressed in Fire Code
Amend this section by adding a second paragraph to read as follows:
Rooms used for sleeping or napping purposes within a day care use of Group E
Occupancies must be provided with smoke detectors that comply with section
907.2.10.1.2.
8
EXHIBIT A
CHAPTER 11 AVIATION FACILITIES
Section removed, addressed in Fire Code
1106.3 Construction of aircraft-fueling vehicles and accessories.
Amend by adding an exception at the end of this section.
Exception: A vehicle or trailer tank with a capacity of 250 gallons or less may be used for
non-commercial refueling of private non-commercial aircraft if the following
requirements are met:
1.The tank is placarded with no smoking signs, type of fuel contained in the tank
and the tank capacity;
2.The tank and all appurtenances used in the fueling operation are listed and
approved for the specific purposes; and
3.Electrical bonding is provided as required under section 1106.3.7.
CHAPTER 22 MOTOR FUEL-DISPENSING FACILITIES AND REPAIR
GARAGES
Section removed, addressed in Fire Code
2206.2.3 above ground tanks located outside, above grade.
Amend by adding an item five (5) at the end ofthis section.
5.Approved above ground atmospheric tanks may be used without a special
enclosure or fire rating if the following criteria are met:
a.Tanks must be located as required for “other tanks” by table 2206.2.3; and,
b.Tanks must be enclosed by a six-foot high industrial type chain link fence with
a minimum of two access gates located at opposite sides of the enclosure.
Each gate must be at least at least 36 inches wide. There must be a minimum
f five feet between the tank and the fence.
working distance o
2206.7.7.1 Leak detection.
Section removed, addressed in Fire Code
Amend by adding an exception to read:
Exception: A leak detection device is not required if the underground piping is an
extra-heavy steelwall with all welded joints, dielectric coating, and cathodic
protection.
9
EXHIBIT A
Appendix -Added new section to 2015 Amendments
Added Appendixes to the Amendments
10
EXHIBIT A
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www.thebrownstonegroup.net
www.thebrownstonegroup.net
PROPOSEDSITE
PROPOSEDSITE
Council Agenda Item
January 12, 2014
9. (a) Receive report of La Porte Development Corporation Board – Councilmember
Engelken
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