HomeMy WebLinkAbout05-13-15 Meeting of the La Porte Development Corporation Board of Directors
LOUIS R. RIGBYDARYL LEONARD
MayorCouncilmember District 3Councilmember District 3
JOHN ZEMANEKTOMMY MOSER
Councilmember At Large ACouncilmember At Large ACouncilmember District 4Councilmember District 4
DOTTIE KAMINSKIDOTTIE KAMINSKIJAY MARTIN
Mayor Pro-TemCouncilmember District 5Councilmember District 5
Councilmember At Large BCouncilmember At Large B
MIKE CLAUSEN
Councilmember District 6Councilmember District 6
DANNY EARP
Councilmember District 1Councilmember District 1
CHUCK ENGELKENCHUCK ENGELKEN
Councilmember District 2Councilmember District 2
CITY COUNCIL MEETING AGENDACITY COUNCIL MEETING AGENDA
Notice is hereby given of a Regular Meeting of the La Porte City Council to be held May 11, 2015, Notice is hereby given of a Regular Meeting of the La Porte City Council to be held
May 11, 2015,
beginning at 6:00 PM in the City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas, beginning at 6:00 PM in the City Hall Council Chambers, 604 W. Fairmont Parkway, La
Porte, Texas,
for the purpose of considering the following agenda items. All agenda items are subject to action.for the purpose of considering the following agenda items. All agenda items are subject
to action.
1.CALL TO ORDERCALL TO ORDER
The invocation will be given by Brian Christen, La Porte Community Church.The invocation will be given by Brian Christen, La Porte Community Church.
2.INVOCATIONINVOCATION
The Pledge of Allegiance will be led by Councilmember Tommy Moser.The Pledge of Allegiance will be led by Councilmember Tommy Moser.
3.PLEDGE OF ALLEGIANCEPLEDGE OF ALLEGIANCE
4.PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONSPRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS
Proclamation Proclamation -- Motorcycle Safety & Awareness Month Motorcycle Safety & Awareness Month -- Mayor Rigby Mayor Rigby
(a)
Proclamation Proclamation -- Neuropathy Awareness Week Neuropathy Awareness Week -- Mayor Rigby Mayor Rigby
(b)
Proclamation Proclamation -- Emergency Medical Services Week Emergency Medical Services Week -- Mayor Rigby Mayor Rigby
(c)
Recognition Recognition -- Employee of the (First) Quarter Employee of the (First) Quarter -- Ashley Ellison (City of La Porte Public Works Ashley Ellison (City of La Porte Public
Works
(d)
Department) Department) -- Mayor Rigby Mayor Rigby
(Limited to five minutes per person.) (Limited to five minutes per person.)
5.PUBLIC COMMENTSPUBLIC COMMENTS
6.CONSENT AGENDACONSENT AGENDA
(All consent agenda items are considered routine by City Council and will be enacted by (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 one motion. There will be no separate discussion of these items unless a Councilmember
requests an item be
removed and considered separately.)removed and considered separately.)
Consider approval or other action regarding the minutes of the special called city council Consider approval or other action regarding the minutes of the special called city council
(a)
meeting held on April 18, 2015, and the minutes of the regular meeting held on April 27, 2015 meeting held on April 18, 2015, and the minutes of the regular meeting held on April 27,
2015 -
P. FogartyP. Fogarty
Consider approval or other action regarding a Resolution denying the Application for Approval Consider approval or other action regarding a Resolution denying the Application for Approval
(b)
of a Distribution Cost Recovery Factor (DCRF) proposed by CenterPoint Energy Houston of a Distribution Cost Recovery Factor (DCRF) proposed by CenterPoint Energy Houston
Electric, LLC. Electric, LLC. -- C. Alexander C. Alexander
Consider approval or other action regarding a Resolution authorizing the City of La Porte to Consider approval or other action regarding a Resolution authorizing the City of La Porte
to
(c)
join with other municipalities as part of the Houston Coalition of Cities, in connection with join with other municipalities as part of the Houston Coalition of Cities, in connection
with
CenterPoint Energy Houston Electric, LLC.'s Application for Approval of a Distribution Cost CenterPoint Energy Houston Electric, LLC.'s Application for Approval of a Distribution Cost
Recovery Factor (DCRF) Recovery Factor (DCRF) -- C. Alexander C. Alexander
Consider approval or other action regarding a community cooperation project with Fairmont Consider approval or other action regarding a community cooperation project with Fairmont
(d)
Park HOA for installation of lighting at neighborhood entryways, for a total City contribution of Park HOA for installation of lighting at neighborhood entryways, for a total City contribution
of
$5,000.00 $5,000.00 -- T. Leach T. Leach
Consider approval or other action dedicating a 0.372Consider approval or other action dedicating a 0.372--acre drainage easement to Harris acre drainage easement to Harris
(e)
County Flood Control District out of City of La Porte owned property located at Outlots 327 County Flood Control District out of City of La Porte owned property located at Outlots 327
and 334, Town of La Porte and 334, Town of La Porte -- B. Eng B. Eng
Consider approval or other action to reduce industrial waste sanitary sewer surcharge fees for Consider approval or other action to reduce industrial waste sanitary sewer surcharge fees
for
(f)
NonNon--Significant Industrial Users, by authorizing the Public Works Department to change the Significant Industrial Users, by authorizing the Public Works Department to change the
maintenance and operation (O&M) variable used in the Industrial Waste Surcharge formula to maintenance and operation (O&M) variable used in the Industrial Waste Surcharge formula to
$0.64 per 1000 gallons $0.64 per 1000 gallons -- D. Mick D. Mick
Consider approval or other action regarding the appointment of Larry Hawkins to the La Porte Consider approval or other action regarding the appointment of Larry Hawkins to the La Porte
(g)
Police Department Reserve Force Police Department Reserve Force -- K. Adcox K. Adcox
Consider approval or other action regarding an Ordinance amending Chapter 10, Consider approval or other action regarding an Ordinance amending Chapter 10,
(h)
"Amusements" of the Code of Ordinances of the City of La Porte, by enacting certain "Amusements" of the Code of Ordinances of the City of La Porte, by enacting certain
regulations related to the operation of Game Rooms regulations related to the operation of Game Rooms -- K. Adcox K. Adcox
7.PUBLIC HEARINGS AND ASSOCIATED ORDINANCESPUBLIC HEARINGS AND ASSOCIATED ORDINANCES
Public hearing to receive comments regarding a request to rezone a .809Public hearing to receive comments regarding a request to rezone a .809--acre tract of land acre tract of land
(a)
from GC, General Commercial, to Rfrom GC, General Commercial, to R--1, Low Density Residential, to allow for construction of a 1, Low Density Residential, to allow for construction of
a
single family residence; and consider an Ordinance amending Chapter 106 "Zoning" of the single family residence; and consider an Ordinance amending Chapter 106 "Zoning" of the
Code of Ordinances. The subject site is located Code of Ordinances. The subject site is located on Farrington Blvd., north of Fairmont on Farrington Blvd., north of Fairmont
Parkway. The Planning and Zoning Commission forwarded a recommendation to approve Parkway. The Planning and Zoning Commission forwarded a recommendation to approve
Rezone Request #14Rezone Request #14--92000001. Applicant is Jose Angel Sandoval, Jr. 92000001. Applicant is Jose Angel Sandoval, Jr. -- E. Ensey E. Ensey
Public hearing to receive comments regarding a request to approve Special Conditional Use Public hearing to receive comments regarding a request to approve Special Conditional Use
(b)
Permit (SCUP) at 227 South Y Street , for the purpose of constructing a secondary dwelling Permit (SCUP) at 227 South Y Street , for the purpose of constructing a secondary dwelling
unit; and consider an Ordinance amending Chapter 106, "Zoning," of the Code of Ordinances. unit; and consider an Ordinance amending Chapter 106, "Zoning," of the Code of Ordinances.
The Planning and Zoning Commission forwarded a recommendation to approve proposed The Planning and Zoning Commission forwarded a recommendation to approve proposed The Planning and Zoning
Commission forwarded a recommendation to approve proposed The Planning and Zoning Commission forwarded a recommendation to approve proposed
SCUP # 15SCUP # 15--91000001. Applicant is Rhonda Carraway 91000001. Applicant is Rhonda Carraway -- E. Ensey E. Ensey
Public hearing to receive comments regarding a request to approve a Special Conditional Use Public hearing to receive comments regarding a request to approve a Special Conditional Use
(c)
Permit (SCUP) at the southeast corner of South 16th Street and West M Street intersection, Permit (SCUP) at the southeast corner of South 16th Street and West M Street intersection,
for the purpose of constructing a warehouse facility on a 7.1for the purpose of constructing a warehouse facility on a 7.1--acre portion of a 12.6acre portion of a 12.6-acre tract
of land; and consider an Ordinance amending Chapter 106, "Zoning," of Code of Ordinances. of land; and consider an Ordinance amending Chapter 106, "Zoning," of Code of Ordinances.
The Planning and Zoning Commission forwarded a recommendation to approve proposed The Planning and Zoning Commission forwarded a recommendation to approve proposed
SCUP # 15SCUP # 15--91000002. Applicant is General Commercial Properties 91000002. Applicant is General Commercial Properties -- E. Ensey E. Ensey
8.AUTHORIZATIONS/ORDINANCES/RESOLUTIONSAUTHORIZATIONS/ORDINANCES/RESOLUTIONS
Consider approval or other action regarding issuance of a permit for Boone Exploration, Inc., Consider approval or other action regarding issuance of a permit for Boone Exploration,
Inc.,
(a)
to conduct Geophysical Mineral Exploration and Testing Permit to conduct Geophysical Mineral Exploration and Testing Permit -- T. Tietjens T. Tietjens
Consider approval or other action authorizing the City Manager to execute a Memorandum of Consider approval or other action authorizing the City Manager to execute a Memorandum of
(b)
Agreement between the City of La Porte and the La Porte Boys Baseball Association for Agreement between the City of La Porte and the La Porte Boys Baseball Association for
installation of improvements at Pecan Park Baseball Complex installation of improvements at Pecan Park Baseball Complex -- R. Epting R. Epting
9.DISCUSSION OR OTHER ACTIONDISCUSSION OR OTHER ACTION
Discussion or other action regarding amending Chapter 70 "Traffic and Vehicles" of the Code Discussion or other action regarding amending Chapter 70 "Traffic and Vehicles" of the Code
(a)
of Ordinances in connection with comprehensive review and update to truck route regulations of Ordinances in connection with comprehensive review and update to truck route regulations
-- C. Alexander C. Alexander
10.ADMINISTRATIVE REPORTSADMINISTRATIVE REPORTS
La Porte Development Corporation Board Meeting, Wednesday, May 13, 2015La Porte Development Corporation Board Meeting, Wednesday, May 13, 2015
Memorial Day Observed, Monday, May 25, 2015Memorial Day Observed, Monday, May 25, 2015
Planning and Zoning Commission Meeting, Thursday, May 21, 2015Planning and Zoning Commission Meeting, Thursday, May 21, 2015
Zoning Board of Adjustment Meeting, Thursday, May 28, 2015Zoning Board of Adjustment Meeting, Thursday, May 28, 2015
regarding matters appearing on the agenda; recognition of community regarding matters appearing on the agenda; recognition of community
11.COUNCIL COMMENTSCOUNCIL COMMENTS
members, city employees, and upcoming events; inquiry of staff regarding specific factual information members, city employees, and upcoming events; inquiry of staff regarding specific
factual information
or existing policies or existing policies Councilmembers Moser, Kaminski, Zemanek, Leonard, Engelken, Earp, Councilmembers Moser, Kaminski, Zemanek, Leonard, Engelken, Earp,
Clausen, Martin and Mayor RigbyClausen, Martin and Mayor Rigby
12.ADJOURNADJOURN
The City Council reserves the right to meet in closed session on any agenda item should the need The City Council reserves the right to meet in closed session on any agenda item should
the need
arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas
Government
Code (the Texas open meetings laws).Code (the Texas open meetings laws).
In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable In compliance with the Americans with Disabilities Act, the City of La Porte
will provide for reasonable
accommodations for persons attending public meetings. To better serve attendees, requests should be received accommodations for persons attending public meetings. To better serve attendees,
requests should be received
24 hours prior to the meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019.24 hours prior to the meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019.
CERTIFICATIONCERTIFICATION
I certify that a copy of the May 11, 2015, agenda of items to be considered by the City Council was posted on the City Hall I certify that a copy of the May 11, 2015, agenda of items
to be considered by the City Council was posted on the City Hall
bulletin board on May 5, 2015.bulletin board on May 5, 2015.
Council Agenda Item Council Agenda Item
May 11, 2015 May 11, 2015
1.CALL TO ORDERCALL TO ORDER
The invocation will be given by Brian Christen, La Porte Community Church.The invocation will be given by Brian Christen, La Porte Community Church.
2.INVOCATIONINVOCATION
The Pledge of Allegiance will be led by Councilmember Tommy The Pledge of Allegiance will be led by Councilmember Tommy
3.PLEDGE OF ALLEGIANCEPLEDGE OF ALLEGIANCE
Moser.Moser.
4.PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONSPRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS
Proclamation Proclamation -- Motorcycle Safety & Awareness Month Motorcycle Safety & Awareness Month -- Mayor Rigby Mayor Rigby
(a)
Proclamation Proclamation -- Neuropathy Awareness Week Neuropathy Awareness Week -- Mayor Rigby Mayor Rigby
(b)
Proclamation Proclamation -- Emergency Medical Services Week Emergency Medical Services Week -- Mayor Rigby Mayor Rigby
(c)
Recognition Recognition -- Employee of the (First) Quarter Employee of the (First) Quarter -- Ashley Ellison (City of La Porte Public Works Ashley Ellison (City of La Porte Public
Works
(d)
Department) Department) -- Mayor Rigby Mayor Rigby
(Limited to five minutes per person.) (Limited to five minutes per person.)
5.PUBLIC COMMENTSPUBLIC COMMENTS
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WHEREAS
, Tinvolved in motorcycling on the roads of our country; and
WHEREAS,
Motorcyclists are roughly unprotected, and much more likely to be injured or killed in a crash
than any other vehicle drivers; and
WHEREAS,
Campaigns have helped inform riders and motorists alike, on motorcycle safety issues, to reduce
motorcycle related risks, injuries, and most of all fatalities through a comprehensive approach to motorcycle safety; and
WHEREAS
, It is the responsibility of all who put themselves behind the wheel to become aware of motorcyclists,
regarding them with the same respect as any other vehicle traveling the highways of this country; and
WHEREAS,
We urge the citizens of the City of La Porte and the surrounding communities to become aware of the
inherent dangers involved in operating a motorcycle, and to drive safely giving the motorcycle operator the respect they
deserve on the road; and
Now Therefore, I, Louis R. Rigby, Mayor
of the City of La Porte, along with members of the La Porte City Council do
hereby proclaim May 2015 as
MOTORCYCLE SAFETY & AWARENESS MONTH
th
IN WITNESS WHEREOF
, I have hereto set my hand and caused the Seal of the City to be affixed hereto, this the 11 day
of May, 2015.
CITY OF LA PORTE
_______________________________
Louis R. Rigby, Mayor
WHEREAS, PERIPHERAL NEUROPATHY
is one of the most common chronic neurological diseases in the United
States, affecting over 20 million Americans. It is a disease resulting from injury to the peripheral nervesthe motor,
sensory and autonomic nerves connecting the spinal column to muscles, skin, and internal organs. It usually affects the
hands and feet, causing weakness, numbness, tingling, and pain. It can either progress slowly over many years or it can
quickly become severe and debilitating; and
WHEREAS,
The National Institute of Neurological Disorders and Stroke (NINDS) and other institutes of the National
Institutes of Health (NIH) conduct research related to peripheral neuropathies in laboratories at the NIH and also support
additional research through grants to major medical institutions across the country; and
WHEREAS
, This is the ninth year that The Neuropathy Association has dedicated the third week of May to raise
awareness about the neuropathy epidemic and encourage people across the Nation to take action against neuropathy; and
WHEREAS,
Increased public education and awareness about neuropathy not only helps people who are living with this
debilitating disease, but also encourages much-needed research for more treatment options and cures; and
WHEREAS
, It is fitting to recognize the many health care providers and researchers who help patients live better lives
with neuropathy and who search for more treatment options and cures for this under-recognized disease,
NOW, THEREFORE, I,Louis R. Rigby, Mayor
of the City of La Porte, along with the members of La Porte City
Council, do hereby proclaim May 18-24, 2015 as
NEUROPATHY AWARENESS WEEK
th
In Witness Whereof: I have hereto set my hand and caused the Seal of the City to be affixed hereto, this the 11 day of May
2015.
CITY OF LA PORTE
_____________________________
Louis R. Rigby, Mayor
Whereas,
emergency medical services is a vital public service; and
Whereas,
the members ofemergency medical services teams are ready to provide lifesaving care to those in need 24
hours a day, seven days a week; and
Whereas,
access to quality emergency care dramatically improves the survival and recovery rate of those who experience
sudden illness or injury; and
Whereas,
the emergency medical services system consists of emergency physicians, emergency nurses, emergency
medical technicians, paramedics, firefighters, educators, administrators and others; and
Whereas,
the members of emergency medical services teams, whether career or volunteer, engage in thousands of hours
of specialized training and continuing education to enhance their lifesaving skills; and
Whereas,
it is appropriate to recognize the value and the accomplishments of emergency medical services providers by
designating Emergency Medical Services Week
this week with appropriate programs, ceremonies, and activities; and
Now therefore, I, Louis R. Rigby, Mayor
of the City of La Porte, along with members of the La Porte City Council, in
appreciation of your valuable contribution to the City of La Porte do observe the week of May
17-23, 2015 as
Emergency Medical Services Week
th
In Witness Whereof: I have set my hand and caused the Seal of the City to be affixed hereto, this the11day of May
2015.
CITY OF LA PORTE
______________________________
Louis R. Rigby, Mayor
EMPLOYEE OF THE FIRST QUARTER: ASHLEY ELLISON
I AM PLEASED TO PRESENT ASHLEY ELLISON AS THE EMPLOYEE OF THE FIRST QUARTER. ASHLEY IS AN
ADMINISTRATIVE ASSISTANT FOR THE PUBLIC WORKS DEPARTMENT. HER REGULAR DUTIES INCLUDE HANDLING
CUSTOMER CALLS, INTERACTING WITH OTHER DEPARTMENTS ON CALLS FOR SERVICE, ASSITING WITH ALL
ADMINISTRATIVE DUTIES WITHIN THE DEPARTMENT.
IN ADDITION TO THESE REGULAR DUTIES, ASHLEY HAS BEEN AN INTEGRAL COMPONENT TO THE CITY'S SIP AND
STROLL FARMERS MARKETS. EACH MARKET, THERE IS A KIDS' CRAFT ACTIVITY THAT IS FREE AND PROVIDES A FUN AND
INTERACTIVE ACTIVITY FOR CHILDREN TO DO AT THE MARKETS. THESE ACTIVITIES REQUIRE A PATIENT AND KIND
INDIVIDUAL TO WORK WITH UP TO 10-12 KIDS AT A TIME DOING VARIOUS CRAFT ITEMS. ASHLEY HAS BEEN
VOLUNTEERING TO WORK THIS STATION FOR THE PAST SEVERAL SIP AND STROLL MARKETS.
HOWEVER, ASHLEY IS BEING NOMINATED FOR THIS RECONGITION, NOT FOR HER VOLUNTEER WORK, BUT FOR
HER INITATIVE IN TAKING OWNERSHIP OF THIS PARTICULAR ACTIVITY FOR SIP AND STROLL. ASHLEY HAS BEEN
BRAINSTORMING IDEAS FOR CRAFTS AND ACTIVITIES FOR EACH MARKET AND HAS BEEN KEY IN MAKING SURE THAT
THIS STATION RUNS FLAWLESSLY. SHE VOLUNTEERED TO ASSEMBLE EACH OF THE INDIVIDUAL CRAFTS IN ADVANCE TO
ENABLE KIDS TO MORE EASILY COMPLETE THE CRAFT AT THE MARDI GRAS EVENT. SHE PROACTIVELY CALLED THE CITY
TO ASK WHETHER WE HAD ANY IDEAS SET FOR THE UPCOMING MARKETS AND THEN COMMITTED
TO BRAINSTORM SOME IDEAS.
ASHLEY'S INITAITVE TO HELP OUT FOR THE SIP AND STROLL MARKETS IS VERY MUCH APPRECIATED. ASHLEY
NEVER GETS FLUSTERED, NO MATTER HOW MANY KIDS ARE AT THE STATION AND EVERYONE ALWAYS WALKS AWAY
HAPPY.
Council Agenda Item Council Agenda Item
May 11, 2015 May 11, 2015
6.CONSENT AGENDACONSENT AGENDA
(All consent agenda items are considered routine by City Council and will be enacted by (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 one motion. There will be no separate discussion of these items unless a Councilmember
requests an item be
removed and considered separately.)removed and considered separately.)
Consider approval or other action regarding the minutes of the special called city council Consider approval or other action regarding the minutes of the special called city council
(a)
meeting held on April 18, 2015, and the minutes of the regular meeting held on April 27, 2015 meeting held on April 18, 2015, and the minutes of the regular meeting held on April 27,
2015 -
P. FogartyP. Fogarty
Consider approval or other action regarding a Resolution denying the Application for Approval Consider approval or other action regarding a Resolution denying the Application for Approval
(b)
of a Distribution Cost Recovery Factor (DCRF) proposed by CenterPoint Energy Houston of a Distribution Cost Recovery Factor (DCRF) proposed by CenterPoint Energy Houston
Electric, LLC. Electric, LLC. -- C. Alexander C. Alexander
Consider approval or other action regarding a Resolution authorizing the City of La Porte to Consider approval or other action regarding a Resolution authorizing the City of La Porte
to
(c)
join with other municipalities as part of the Houston Coalition of Cities, in connection with join with other municipalities as part of the Houston Coalition of Cities, in connection
with
CenterPoint Energy Houston Electric, LLC.'s Application for Approval of a Distribution Cost CenterPoint Energy Houston Electric, LLC.'s Application for Approval of a Distribution Cost
CenterPoint Energy Houston Electric, LLC.'s Application for Approval of a Distribution Cost CenterPoint Energy Houston Electric, LLC.'s Application for Approval of a Distribution Cost
Recovery Factor (DCRF) Recovery Factor (DCRF) -- C. Alexander C. Alexander
Consider approval or other action regarding a community cooperation project with Fairmont Consider approval or other action regarding a community cooperation project with Fairmont
(d)
Park HOA for installation of lighting at neighborhood entryways, for a total City contribution of Park HOA for installation of lighting at neighborhood entryways, for a total City contribution
of
$5,000.00 $5,000.00 -- T. Leach T. Leach
Consider approval or other action dedicating a 0.372Consider approval or other action dedicating a 0.372--acre drainage easement to Harris acre drainage easement to Harris
(e)
County Flood Control District out of City of La Porte owned property located at Outlots 327 County Flood Control District out of City of La Porte owned property located at Outlots 327
and 334, Town of La Porte and 334, Town of La Porte -- B. Eng B. Eng
Consider approval or other action to reduce industrial waste sanitary sewer surcharge fees Consider approval or other action to reduce industrial waste sanitary sewer surcharge fees
(f)
for Nonfor Non--Significant Industrial Users, by authorizing the Public Works Department to change Significant Industrial Users, by authorizing the Public Works Department to change
the maintenance and operation (O&M) variable used in the Industrial Waste Surcharge the maintenance and operation (O&M) variable used in the Industrial Waste Surcharge
formula to $0.64 per 1000 gallons formula to $0.64 per 1000 gallons -- D. Mick D. Mick
Consider approval or other action regarding the appointment of Larry Hawkins to the La Porte Consider approval or other action regarding the appointment of Larry Hawkins to the La Porte
(g)
Police Department Reserve Force Police Department Reserve Force -- K. Adcox K. Adcox
Consider approval or other action regarding an Ordinance amending Chapter 10, Consider approval or other action regarding an Ordinance amending Chapter 10,
(h)
"Amusements" of the Code of Ordinances of the City of La Porte, by enacting certain "Amusements" of the Code of Ordinances of the City of La Porte, by enacting certain
regulations related to the operation of Game Rooms regulations related to the operation of Game Rooms -- K. Adcox K. Adcox
****************************************************************** ******************************************************************
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
May 11, 2015May 11, 2015AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
N/A N/A
Corby Alexander Corby Alexander Source of Funds:Source of Funds:
Requested By:
Account Number:Account Number:
Administration Administration
Department:
Amount Budgeted:Amount Budgeted:
Report:Resolution:Resolution:Ordinance:Ordinance:
Amount Requested:Amount Requested:
Other:
Budgeted Item:Budgeted Item:YESYESNONO
Attachments :Attachments :
1. Letter from CenterPoint Houston on DCRF 1. Letter from CenterPoint Houston on DCRF
Filing
2. Resolution2. Resolution
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
On April 6, 2015, CenterPoint Energy Houston Electric, LLC filed an Application for Approval of a Distribution On April 6, 2015, CenterPoint Energy Houston Electric, LLC filed an Application
for Approval of a Distribution
Cost Recovery Factor (DCRF) pursuant to Section 36.210 of the Public Utility Regulatory Act (PURA) and Cost Recovery Factor (DCRF) pursuant to Section 36.210 of the Public Utility Regulatory
Act (PURA) and
Substantive Rule 25.243. If this Application is approved, CenterPoint HoustonSubstantive Rule 25.243. If this Application is approved, CenterPoint Houstons distribution revenues
will increase s distribution revenues will increase
by approximately $16,704,985. by approximately $16,704,985.
After reviewing the CompanyAfter reviewing the Companys filing, it is recommended that Council adopt a resolution denying the Application. s filing, it is recommended that Council
adopt a resolution denying the Application.
Pursuant to Commission rules, the Application is deemed appealed to the Commission, regardless of whether the Pursuant to Commission rules, the Application is deemed appealed to the
Commission, regardless of whether the
City approves or denies the application, and the appeal will be consolidated with the CenterPoint HoustonCity approves or denies the application, and the appeal will be consolidated
with the CenterPoint Houstons DCRF s DCRF
proceeding before the Commission. However, Council adopting this Resolution puts on record that it is opposed to proceeding before the Commission. However, Council adopting this Resolution
puts on record that it is opposed to
the increase.
Staff recommends Council consider adopting the proposed resolution.Staff recommends Council consider adopting the proposed resolution.
Action Required of Council:Action Required of Council:
Consider approval or other action of a resolution denying the Application for Approval of a Distribution Cost Consider approval or other action of a resolution denying the Application
for Approval of a Distribution Cost
Recovery Factor (DCRF) proposed by CenterPoint Energy Houston Electric, LLC. Recovery Factor (DCRF) proposed by CenterPoint Energy Houston Electric, LLC.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
May 11, 2015May 11, 2015AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
N/A N/A
Corby Alexander Corby Alexander Source of Funds:Source of Funds:
Requested By:
Account Number:Account Number:
Administration Administration
Department:
Amount Budgeted:Amount Budgeted:
Report:Resolution:Resolution:Ordinance:Ordinance:
Amount Requested:Amount Requested:
Other:
Budgeted Item:Budgeted Item:YESYESNONO
Attachments :Attachments :
1. Resolution1. Resolution
2. Invitation to Join Houston Coalition of Cities2. Invitation to Join Houston Coalition of Cities
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
Attached is a resolution to join the Houston Coalition of Cities for intervening into the CenterPoint Energy DCRF Attached is a resolution to join the Houston Coalition of Cities for
intervening into the CenterPoint Energy DCRF
rate case. On April 6, 2015, CenterPoint Energy Houston Electric, LLC (CenterPoint) filed an application for rate case. On April 6, 2015, CenterPoint Energy Houston Electric, LLC (CenterPoint)
filed an application for
approval of a Distribution Cost Recovery Factor (DCRF) in each municipality exercising original jurisdiction over approval of a Distribution Cost Recovery Factor (DCRF) in each municipality
exercising original jurisdiction over
CenterPoints electric rates. CenterPoints electric rates. CenterPoints DCRF request represents a $16.7 million increase for service to retail s DCRF request represents a $16.7 million
increase for service to retail
electric customers within CenterPointelectric customers within CenterPoints service area. s service area.
The City of Houston organized a team of experts to review the rate request and to assist in the preparation of a The City of Houston organized a team of experts to review the rate request
and to assist in the preparation of a
final recommendation. The City of Houston is inviting the Cityfinal recommendation. The City of Houston is inviting the Citys participation in the Houston Coalition of Cities, a
s participation in the Houston Coalition of Cities, a
Coalition representation municipalitiesCoalition representation municipalitiesinterests in the rate case proceedings. No financial contributions by interests in the rate case proceedings.
No financial contributions by
member cities will be required. The City of Houston will pay all costs associated with the proceedings. member cities will be required. The City of Houston will pay all costs associated
with the proceedings.
Staff recommends Council consider adopting the proposed resolution to participate in the Houston Coalition of Staff recommends Council consider adopting the proposed resolution to participate
in the Houston Coalition of
Cities.
Action Required of Council:Action Required of Council:
Consider approval or other action of a resolution authorizing the City of La Porte to join with other municipalities Consider approval or other action of a resolution authorizing the
City of La Porte to join with other municipalities
as part of the Houston Coalition of Citiesas part of the Houston Coalition of Cities..
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
May 11, 2015May 11, 2015AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
General Fund CIP General Fund CIP
Traci E. Leach Traci E. Leach Source of Funds:Source of Funds:
Requested By:
Account Number:Account Number:
Administration Administration
Department:
20,000 20,000
Amount Budgeted:Amount Budgeted:
Report:Resolution:Resolution:Ordinance:Ordinance:
5,000 5,000
Amount Requested:Amount Requested:
Other:
Budgeted Item:Budgeted Item:YESYESNONO
Attachments :Attachments :
1. Electrical Quote1. Electrical Quote
2. MOU for Fairmont Park HOA2. MOU for Fairmont Park HOA
3. Email from HOA President3. Email from HOA President
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
As part of the FY 2015 budget, the Council approved funding for Community CoAs part of the FY 2015 budget, the Council approved funding for Community Co--op projects, where the City
op projects, where the City
would partner with HOAs and other neighborhood groups to complete small beautification and quality of life would partner with HOAs and other neighborhood groups to complete small beautification
and quality of life
projects. A total of $20,000 was budgeted with a maximum City contribution per project of $5,000. All projects projects. A total of $20,000 was budgeted with a maximum City contribution
per project of $5,000. All projects
would be considered on a first come, first served basis. At this time, staff is working with several groups on would be considered on a first come, first served basis. At this time,
staff is working with several groups on
potential projects; Shady River HOA had a project approved for $5,000 in March 2015, which leaves an available potential projects; Shady River HOA had a project approved for $5,000 in
March 2015, which leaves an available
balance of $15,000 this year.balance of $15,000 this year.
Fairmont Park HOA has obtained a quote for electrical and lighting at three neighborhood entryways. The Fairmont Park HOA has obtained a quote for electrical and lighting at three
neighborhood entryways. The
entrances to be completed this year are Farrington & Fairmont, Myrtle Creek & Spencer Highway and Stonemont entrances to be completed this year are Farrington & Fairmont, Myrtle Creek
& Spencer Highway and Stonemont entrances to be completed this year are Farrington & Fairmont, Myrtle Creek & Spencer Highway and Stonemont entrances to be completed this year are Farrington
& Fairmont, Myrtle Creek & Spencer Highway and Stonemont
& Underwood. Last year, the City partnered with Fairmont HOA to complete a similar project for entryways at & Underwood. Last year, the City partnered with Fairmont HOA to complete
a similar project for entryways at
Spencer-Farrington and SpencerFarrington and Spencer--Valley Brook. The total project cost is estimated to be $10,850. The HOA is Valley Brook. The total project cost is estimated
to be $10,850. The HOA is
asking for the City to contribute $5,000, the maximum available for the project. Pursuant to the attached asking for the City to contribute $5,000, the maximum available for the project.
Pursuant to the attached
Memorandum of Agreement, the City will handle the procurement and installation of the improvements. Fairmont Memorandum of Agreement, the City will handle the procurement and installation
of the improvements. Fairmont
HOA will provide a check to the City for the HOA share of the project within 30 days of execution of the HOA will provide a check to the City for the HOA share of the project within
30 days of execution of the
Agreement.
As this would be an addition to a City be an addition to a City--owned and maintained facility, the onowned and maintained facility, the on--going maintenance responsibility going maintenance
responsibility
notnot
would lie with the Fairmont Park HOA. would lie with the Fairmont Park HOA.
Action Required of Council:Action Required of Council:
Consider approval or other action of a community cooperation project (major pool renovation) for a total City Consider approval or other action of a community cooperation project (major
pool renovation) for a total City
contribution of $5,000.contribution of $5,000.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement (MOA) is made by and entered into this ____ day of May 2015 (the Effective Date)
between the City of La Porte, a home-rule municipality under the laws of the State of Texas (the City) and the
Fairmont Park Homes Association (FPHOA)
Project, as defined herein.
The terms acceptable to both Parties to begin the Community Cooperation Project are as follows:
The City and FPHOA agree that the Community Cooperation Project shall consist of installation of electrical service and
lighting at three neighborhood entryways- Spencer Highway/Farrington and Spencer Highway/Valley Brook (hereinafter
Lighting
Electrical improvements will include extension of service from existing poles, all fixtures for the lights, and
timer/photocell
The City shall be responsible for the construction and installation of the Improvements.
The City agrees to fund a sum not to exceed $5,000.00 for construction and installation of the Improvements.
The FPHOA shall be responsible for all future maintenance of the Improvements, including but not limited to the
replacement of the light fixtures, timers, and photocells, and agrees to fund the all costs associated with same.
However, the City agrees to be responsible for operating costs associated with provision of electrical service (monthly
meters charge and usage).
Notwithstanding any requirement established herein to the contrary, Improvements as
outlined in this MOA is conditioned on appropriation of adequate funds in its annual budget, as approved by the La
Porte City Council. Should there not be sufficient funds available, the City reserves the right to terminate payment of
electrical service costs, and as necessary, remove any and all Improvements installed pursuant to this MOA.
In and provision of electrical service,
FPHOA agrees to pay the City a sum of 5,850.00, to be applied to the cost of construction and installation of the
Improvements. In addition, FPHOA shall provide its share of the funding for the Improvements within 30 calendar days
of the Effective Date of this MOA. If FPHOA
City reserves the right to terminate the agreement immediately.
This MOA constitutes the complete understanding between the parties in order to begin the procurement and
installation process for the Improvements.
For the City of La Porte:
_______________________ ______________________
Corby D. Alexander Attest: Patrice Fogarty, City Secretary
City Manager
For the Fairmont Park Homes Association:
_______________________
Jo Ann Pitzer, President
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
May 11, 2015May 11, 2015AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
N/A N/A
Bob Eng Bob Eng Source of Funds:Source of Funds:
Requested By:
Account Number:Account Number:
Planning & Development Planning & Development
Department:
Amount Budgeted:Amount Budgeted:
Report:Resolution:Resolution:Ordinance:Ordinance:
Amount Requested:Amount Requested:
Other:
Budgeted Item:Budgeted Item:YESYESNONO
Attachments :Attachments :
1. Drainage Easement1. Drainage Easement
2. Project Layout2. Project Layout
3. Area Map3. Area Map
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
Harris County Flood Control District (HCFCD) partnered with the City of La Porte in funding the construction of Harris County Flood Control District (HCFCD) partnered with the City of
La Porte in funding the construction of
the F101-06 drainage improvements consisting of the replacement of existing pipe culverts with larger box culverts 06 drainage improvements consisting of the replacement of existing
pipe culverts with larger box culverts
crossing P Street. The project is ready to bid; however HCFCD is requesting dedication of a twenty foot crossing P Street. The project is ready to bid; however HCFCD is requesting dedication
of a twenty foot
easement along the west side of the ditch north of the proposed improvements so HCFCD can maintain the ditch.easement along the west side of the ditch north of the proposed improvements
so HCFCD can maintain the ditch.
Action Required of Council:Action Required of Council:
Consider approval or other action dedicating a drainage easement to Harris County Flood Control District on City Consider approval or other action dedicating a drainage easement to Harris
County Flood Control District on City
property.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
DRAINAGEEASEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF HARRIS
CITY OF LA PORTE
That(“Grantor”), a Municipal Corporation,for and in consideration ofTen
HARRIS
and no/100 Dollars ($10.00) and other good and valuable considerationpaid by
COUNTY FLOOD CONTROL DISTRICT
(“Grantee”), the receipt and sufficiency of which is
hereby acknowledged and confessed, have this day GRANTED, BARGAINED, SOLD AND
CONVEYED and by these presents do GRANT, SELL AND CONVEY unto said GRANTEE, and
to its successors and assigns the perpetual right,privilege and easement to enter upon said
tractfor the purposes of access, maintenance, operation, inspection, replacement, and/or repair
of a portion of Harris County Flood Control DistrictUnit No. F101-00-00together with all
necessary appurtenances, over, across, through and under that certain tract or parcel of land
lying and being situated in Harris County, Texas and being more particularly described on
Exhibits“A” & “B” attached hereto and made a part hereof for all purposes.
TO HAVE AND TO HOLD the above described easement, together with all and singular the
rights and appurtenances thereto in anywise belonging unto said GRANTEE, and its successors
or assigns, in accordance with the terms and conditions hereinabove set forth. The GRANTOR
does hereby bind itself, its successors or assigns to WARRANT AND FOREVER DEFEND, all
and singular the said easement unto the GRANTEE, its successors or assigns, against every
person whomsoever lawfully claiming or to claim the same or any part thereof.
WITNESS THE EXECUTION HEREOF on this the day of ____________ , 2015.
BY: ________________________________
Corby D. Alexander, City Manager
This instrument was acknowledged before me on the day of__________________, 2015
by .
____________________________________.
Notary Public, State of Texas
\]Mailing Address of Grantee
City of La Porte
604 West Fairmont Parkway
La Porte, Texas 77571
AREA MAP
M DR
MILA
P ST
N
1 inch = 400 feet
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested: May 11, 2015
Source of Funds:
Requested By: David Mick
Account Number
Department: Public Works
Amount Budgeted:
Report: ___ Resolution: _____ Ordinance: _________
Amount Requested:
Budgeted Item: YES NO
Exhibit: Proposed Policy
SUMMARY & RECOMMENDATION
At City Council’s April 13, 2015 meeting, staff presented several alternatives to the Industrial
Waste surcharge as it is applied to restaurants and other Industrial Users (IU’s). City Council
selected “Option 2 – fix the Operation and Maintenance (O & M) variable at $0.64/1000 gallons
until further notice”. This has the effect of reducing the surcharge for IU’s by 50%.
Council also directed staff to continue to monitor IU effluent sample test results for six (6)
months and report back to City Council. With Council’s permission, staff would like to increase
this timeframe to twelve (12) months. The annual testing results of all IU’s should be available
at the conclusion of the 12-month timeframe. And if there is an increase in the IU effluent
strength associated with the decreased surcharge rates, this could more realistically take a year to
several years to show up in a meaningful way.
Staff proposes to implement Option 2 by policy. The Section 74-206 City ordinance text for the
O&M variable reads: “O&M = Cost represents operation and maintenance cost of \[the city’s\]
wastewater treatment facility. Note: This cost is determined and updated by the City
periodically.” The IW ordinance language, which has been approved by the Texas Commission
on Environmental Quality (TCEQ), is purposefully written in such a way that the City can
administratively determine and update the O&M value without changing the ordinance itself.
This is because the TCEQ Executive Director must first approve any change to the city’s
industrial waste ordinance before adoption by City Council. Neither the City nor TCEQ benefits
from the additional bureaucracy that would be needed to update the O&M factor by ordinance.
Action Required by Council:
Consider approval or other action of the attached policy fixing the Operation and Maintenance (O
& M) variable at $0.64/1000 gallons until further notice.
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
CITY OF LA PORTE
POLICIES/PROCEDURES MANUAL
Date:Approved:
April 30, 2015 City Council Meeting Held on _____________
Subject:
Industrial Waste Surcharge Fees for Non-Significant Industrial Users
Responsible Agency:
Public Works Department
Policy Objective:
Reduce industrial waste sanitary sewer surcharge fees for Non-
Significant Industrial Users including restaurants. Staff will monitor
Industrial User effluent sampling results for one-year and report the
findings to City Council.
Authorization__
: City Council Approved Meeting Date _________
Policy Summary:
Effective with June 2015 city utility bills for May 2015 water and sewer consumption,
the operation and maintenance (O & M) variable in the Industrial Waste Surcharge
formula provided in City Ordinance Section 74-206 will be equal to $0.64/1000 gallons.
Public Works staff will continue to monitor the Industrial User (IU) effluent test results
for Biological Oxygen Demand (BOD), Total Suspended Solids (TSS), and Oil and
Grease (O & G) for twelve (12) months and report the average testing results compared
with the results from previous years to City Council at the end of that period.
Schools and other users required by building code or other code to maintain a grease trap
will be assessed an industrial waste surcharge for effluent stronger than the BOD and
TSS concentrations provided in Section 74-206.
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
May 11, 2015May 11, 2015AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
N/A N/A
Kenith Adcox Kenith Adcox Source of Funds:Source of Funds:
Requested By:
Account Number:Account Number:
Police Police
Department:
Amount Budgeted:Amount Budgeted:
Report:Resolution:Resolution:Ordinance:Ordinance:
Amount Requested:Amount Requested:
Other:
Budgeted Item:Budgeted Item:YESYESNONO
Attachments :Attachments :
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
Article III, Section 54Article III, Section 54--61 of the Code of Ordinances and the Texas Government Code, Section 341.012, both 61 of the Code of Ordinances and the Texas Government
Code, Section 341.012, both
entitled Police Reserve ForcePolice Reserve Force, , require that persons appointed by the Chief of Police as reserve police officers require that persons appointed by the Chief of
Police as reserve police officers
must be approved by City Council before they may carry a weapon or otherwise act as a peace officer.must be approved by City Council before they may carry a weapon or otherwise act as
a peace officer.
The Department is requesting that City Council approve the appointment of Larry Hawkins to the La Porte Police The Department is requesting that City Council approve the appointment
of Larry Hawkins to the La Porte Police
Reserve Force.Reserve Force. Officer Hawkins is currently a licensed Texas peace officer in good standing with 23 years of Officer Hawkins is currently a licensed Texas peace officer
in good standing with 23 years of
law enforcement experience.law enforcement experience. He worked as a fullHe worked as a full--time police officer for the La Porte Police Department until time police officer for
the La Porte Police Department until
May 8, 2015, when he retired from Law Enforcement in order to take a position in private industry. May 8, 2015, when he retired from Law Enforcement in order to take a position in private
industry.
Action Required of Council:Action Required of Council:
Consider approval or other action of the appointment of Larry Hawkins to the La Porte Police Reserve Force.Consider approval or other action of the appointment of Larry Hawkins to the
La Porte Police Reserve Force.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
May 11, 2015May 11, 2015AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
N/A N/A
Kenith Adcox Kenith Adcox Source of Funds:Source of Funds:
Requested By:
Account Number:Account Number:
Police Police
Department:
Amount Budgeted:Amount Budgeted:
Report:Resolution:Resolution:Ordinance:Ordinance:
Amount Requested:Amount Requested:
Other:
Budgeted Item:Budgeted Item:YESYESNONO
Attachments :Attachments :
1. Interlocal with Harris County1. Interlocal with Harris County
2. Marked Version of Ordinance2. Marked Version of Ordinance
3. Clean Version of Ordinance3. Clean Version of Ordinance
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
Both Harris County and the City have entered into an Interlocal Agreement which will allow the City of La Porte Both Harris County and the City have entered into an Interlocal Agreement
which will allow the City of La Porte
to enforce County game room regulations within the City of La Porte as discussed at the March 23, 2015 council to enforce County game room regulations within the City of La Porte as
discussed at the March 23, 2015 council
meeting. At that time it was noted that, upon approval of the Interlocal Agreement, the Citymeeting. At that time it was noted that, upon approval of the Interlocal Agreement, the
Citys current s current
Amusementsordinance would need to be amended to reflect the agreement in question. The Amusements ordinance would need to be amended to reflect the agreement in question. The Amusements
ordinance, including the recommended amendments, is attached here for council review and approval along with a ordinance, including the recommended amendments, is attached here for council
review and approval along with a
copy of the signed Interlocal Agreement.copy of the signed Interlocal Agreement.
Under the countyUnder the countys regulations, establishments with six or more video poker machines, commonly referred to as s regulations, establishments with six or more video poker
machines, commonly referred to as
eight-liners,must be at least 1,500 feet from schools, churches and/or residential neighborhoods (2,000 feet if must be at least 1,500 feet from schools, churches and/or residential
neighborhoods (2,000 feet if
there are 2 or more game rooms located at the location) and are required to obtain special permits, pay a $1,000 there are 2 or more game rooms located at the location) and are required
to obtain special permits, pay a $1,000
annual fee, shut down between 10 p.m. and 8 a.m., submit to inspection by law enforcement, and leave windows annual fee, shut down between 10 p.m. and 8 a.m., submit to inspection by
law enforcement, and leave windows annual fee, shut down between 10 p.m. and 8 a.m., submit to inspection by law enforcement, and leave windows annual fee, shut down between 10 p.m.
and 8 a.m., submit to inspection by law enforcement, and leave windows
unobstructed. Establishments are also required to identify themselves with signs reading unobstructed. Establishments are also required to identify themselves with signs reading Game
RoomGame Roomand are and are
barred from requiring a membership for entry, a practice which in the past has been used to keep police out of barred from requiring a membership for entry, a practice which in the past
has been used to keep police out of
game room businesses. game room businesses.
Action Required of Council:Action Required of Council:
Consider approval or other action to amend Ordinance, Chapter 10, Consider approval or other action to amend Ordinance, Chapter 10, Amusements.Amusements.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 10 AMUSEMENTS OF THE CODE OF ORDINANCES
OF THE CITY OF LA PORTE, BY ENACTING CERTAIN REGULATIONS RELATED TO THE
OPERATION OF GAME ROOMS, IN COORDINATION WITH HARRIS COUNTY; 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 FIVE HUNDRED DOLLARS;
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1
: That Chapter 10AmusementsCoin Operated Machines1Generally
of the Code of Ordinances, La Porte, Texas, is hereby amended in its entirety and shall hereinafter read as
follows:
DIVISION 1. - GENERALLY
Sec. 10-31. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Amusement redemption machine means a recreational machine, including eight-liner machines, that
provides the user with an opportunity to receive something of value other than a right to replay and in which
credits, or the equivalent thereof, are accumulated when: A particular configuration of like symbols is displayed
in a random fashion by the machine; symbols or numbers are matched to a randomly selected symbol or number
determined by the machine; a combination of cards is arrived at and valued in a traditional hierarchy for
purposes of poker; or a combination of cards is arrived at and points assigned for purposes of blackjack.
Amusement redemption machine means any electronic, electromechanical, or mechanical contrivance
designed, made, and adopted for bona fide amusement purposes that rewards the player exclusively with
noncash merchandise, prizes, toys, or novelties, or a representation of value redeemable for those items, that
have a wholesale value available from a single play of the game or device of not more than ten times the
amount charged to play the game or device once, or $5.00, whichever amount is less.
Coin-operated machine means every machine or device of any kind or character, other than an an eight-
liner, which is operated by or with coins, or metal slugs, tokens or checks; "music coin-operated machines" and
"skill or pleasure coin-operated machines" as those terms are defined in this section, shall be included in such
definition.
Eight-liner means a coin-operated machine or contrivance capable of being used for games of chance,
including but not limited to a Tic Tac Toe eight-liner or video poker machine or other contrivance or
paraphernalia, on which games of chance can be played for a consideration and which afford the player an
opportunity to win a prize, gift certificate or thing of value, whether or not the prize is automatically paid by the
contrivance.
Game room means a for-profit business located in a building or other place that contains six or more
amusement redemption machines.
Game room owner means an individual who:
(1) Has an ownership interest in or receives income from a game room or an amusement redemption machine
located in a game room;
(2) Is a partner, director, or officer of a business, company, or corporation that has an ownership interest in a
game room or in an amusement redemption machine located in a game room;
(3) Is a shareholder that holds more than ten percent of the outstanding shares of a business, company, or
corporation that has an ownership interest in a game room or in an amusement redemption machine located in a
game room;
(4) Has been issued by the county clerk an assumed name certificate for a business that owns a game room or an
amusement redemption machine located in a game room;
(5) Signs a lease for a game room;
(6) Opens an account for utilities for a game room;
(7) Receives a certificate of occupancy for a game room and/or zoning permit;
(8) Pays for advertising for a game room; or
(9) Signs an alarm permit for a game room.
Game Room Operator means an individual who supervises, manages, or participates in the performance
of activities that contribute to the functioning of a game room, including the following activities:
(1) Operates a cash register, cash drawer, or other depository on the premises of a game room or of a business
where the money earned or the records of credit card transactions or other credit transactions generated in any
manner by the operation of a game room or activities conducted in a game room are kept:
(2) Displays, delivers, or provides to a customer of a game room; merchandise, goods, entertainment, or other
services offered on the premises of a game room;
(3) Take orders from a customer of a game room for merchandise, goods, entertainment, or other services
offered on the premises of a game room; or
(4) Acts as a door attendant to regulate entry of customers or other persons into a game room.
(5) Supervises or manages other persons at a game room.
Music coin-operated machine means every coin-operated machine of any kind or character, which
dispenses or vends or which is used or operated for dispensing or vending music and which is operated by or
with coins or metal slugs, tokens or checks. The following are expressly included within such term:
phonographs, pianos, graphophones, and all other coin-operated machines which dispense or vend music.
Operator means any person, firm, company, association or corporation which exhibits, displays or permits
to be exhibited or displayed, in a place of business other than his own, any coin-operated machine in this state.
Owner means any person, individual, firm, company, association or corporation owning any coin-operated
machine in this state.
Service coin-operated machines means every pay toilet, pay telephone and all other machines or devices
which dispense service only and not merchandise, music, skill or pleasure.
Skill or pleasure coin-operated machines means every coin-operated machine of any kind or character
whatsoever, when such machines dispense or are used or are capable of being used or operated for amusement
or pleasure or when such machines are operated for the purpose of dispensing or affording skill or pleasure, or
for any other purpose other than the dispensing or vending of "merchandise or music" or "service" exclusively,
as those terms are defined in this article. The following are expressly included within such term: marble
machines, marble table machines, marble shooting machines, miniature race track machines, miniature football
machines, miniature golf machines, miniature bowling machines, and all other coin-operated machines which
dispense or afford skill or pleasure; provided, however, that every machine or device of any kind or character
which dispenses or vends merchandise, commodities or confections or plays music in connection with or in
addition to such games or dispensing of skill or pleasure shall be considered as skill or pleasure machines and
taxed at the higher rate fixed for such machines.
Secs. 10-3210-50. -
Section 2
: 3Regulation
of Places of Business
hereinafter read as follows:
DIVISION 3. - REGULATION OF PLACES OF BUSINESS
Sec. 10-75. - Unrestricted access by law enforcement officer; right of inspection by law enforcement
officer.
(a)It shall be the duty of any owner, manager, or employee of a place of business displaying one or more
skill or pleasure coin operated machines or amusement redemption machines, or other person exercising
control over such a business establishment or the skill or pleasure coin operated machines or amusement
redemption machines therein, to provide any law enforcement officer with immediate unrestricted access
during business hours to all areas of the business establishment.
(b) Any law enforcement officer may inspect a business establishment or any skill or pleasure coin operated
machines or amusement redemption machines therein to determine whether the business establishment is in
compliance with this chapter and state law. An owner, manager, or employee of a business establishment
which displays one or more skill or pleasure coin operated machines or amusement redemption machines
who does not allow a law enforcement officer to inspect said establishment or the skill or pleasure coin
operated machines or amusement redemption machines therein commits a misdemeanor offense.
(c)This chapter shall not be construed to authorize or permit the keeping, exhibition, operation, display, or
maintenance of any machine that is prohibited by the constitution or statutes of this state, including but not
limited to, Chapter 47 of the Texas Penal Code.
Sec. 10-76. - Moving of machine which has tax certificate.
It shall be unlawful to move a coin-operated machine to a different place of business in the city without
prior written notification to the city secretary.
Sec. 10-77. - Hours of operation for minors; terms defined.
(a)Every business establishment displaying skill or pleasure coin operated machines, amusement redemption
machines, or eight-liners shall remain closed to minors, and no minors shall be on the premises, except during
the following hours:
School year
Mondays through Thursdays ..... 2:30 p.m. to 10:00 p.m.
Fridays ..... 2:30 p.m. to 12:00 p.m. a.m.
Saturdays ..... 9:00 a.m. to 12:00 p.m. a.m.
Sundays ..... 1:00 p.m. to 10:00 p.m.
Summer
Mondays through Fridays ..... 11:00 a.m. to 12:00 p.m. a.m.
Saturdays ..... 9:00 a.m. to 12:00 p.m. a.m.
Sundays ..... 1:00 p.m. to 10:00 p.m.
(b) The term "school year" shall be defined as the period of time from the commencement of regular classes
in the La Porte Independent School District in August, through the last day of regular classes the following
May. The term "summer" shall be the period from the end of classes in May until the commencement of
classes in August.
Sec. 10-78. - Unobstructed view to interior.
Every business establishment displaying five or fewer skill or pleasure coin operated machines and/or
amusement redemption machines, or eight-liners shall have unobstructed windows or open space on at least one
side, so that the area is open to view by members of the public passing by on a public street, or using a corridor,
lobby or other room to which the public resorts and is admitted without charge. A minimum of 65 percent of
said side that is more than three feet above sidewalk grade and not more than seven feet above sidewalk grade
shall be of transparent glass, unobscured by obstructions.
Sec. 10-79. - Noise.
No sound of any nature shall be audible beyond the limits of a place of business covered under this article.
Sec. 10-80. - Lighting.
Lighting shall be maintained at an intensity of not less than 30 footcandle power, three feet from the floor,
measured at any location in any room open to the public, which shall be operative during all hours of operation
of any place of business covered under this article.
Sec. 10-81. - Operator responsible for violations of this article.
Any business operator who permits, allows or in any manner condones a violation of any provision of this
article shall, upon conviction, be punished as provided in section 1-14 of this Code. Neither allegation nor
evidence of a culpable mental state is required for the proof of an offense defined in this article.
Sec. 10-82. - Employees subject to penalties.
Any employee of a coin-operated machine business who violates or permits patrons or customers of the
coin-operated machine business to violate any provision of this article shall, upon conviction, be punished as
provided in section 1-14.
Sec. 10-83. - Change in corporate structure or address of owner.
Every person shall, prior to the effective date of any change of ownership of such business or enterprise or
of the home address or principal business address of any owner thereof, if such business or enterprise is
unincorporated, or if such business or enterprise is incorporated, prior to the effective date of any change of
officers or directors of such business or enterprise, or of the home address or principal business address of any
officer or director thereof, file with the city secretary a sworn affidavit. Such affidavit shall state therein such
change of ownership of such unincorporated business or enterprise, and such change of home address or
principal business address of any owner thereof, or such substitution of officers or directors of such
incorporated business or enterprise and such change of home address or principal business address of any
Section 3:
Ordinances, La Porte, Texas, is hereby amended
and which division shall hereinafter read as follows:
- REGULATION OF GAME ROOMS.
Sec. 10-84. Regulation by Harris County; Permit required
.
(a) As authorized by Texas Local Government Code Chapter 234 and Harris County Game Room Regulations
adopted by Harris County, Harris County and the City of La Porte have entered into an interlocal agreement
allowing for Harris County to exclusively regulate and control the operation of game rooms within the corporate
limits of the City of La Porte.
(b) Any person who desires to operate, use, or maintain a game room in the City of La Porte shall be required to
first obtain a Harris County game room permit, and shall be subject to the terms and conditions contained in the
Harris County Game Room Regulations. The City of La Porte hereby adopts and incorporates for all purposes,
the Harris County Game Room Regulations.
(c) In accordance with the interlocal agreement between Harris County and the City of La Porte, the Director of
Planning of the City of La Porte, or his designee, shall serve as the game room permit administrator, on behalf
of Harris County, for game rooms located in the City of La Porte. The Director shall supervise, control, and
operate the Permit Office and shall issue county permits, in coordination with the county.
(d) Game room owners shall obtain a Harris County permit or renewal thereof for each game room in the City,
by submitting to the Director of Planning, or his designee, an application and the application fee for a Harris
County Game Room Permit. The permit shall be issued in accordance with Harris County Game Room
Regulations. Applicants shall refer to Harris County Game Room Regulations for permitting requirements.
County permit application forms may be obtained from the city, through the Permit Office.
(e) Applications for Harris County game room permits shall follow Harris County Game Room Regulations
regarding denial, revocation or suspension of a permit and the appeal thereof.
(f) The City of La Porte hereby adopts the Harri
Section 4
: 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 5:
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 6
. 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 FIVE HUNDRED DOLLARS ($500.00).
Section 7.
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.
is 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 8
. 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 passage of this ordinance.
PASSED AND APPROVED this the______ day of _________________, 2015.
CITY OF LA PORTE
By:
Louis R. Rigby, Mayor
ATTEST:
City Secretary
APPROVED:
Assistant City Attorney
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
May 11, 2015May 11, 2015AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
N/A N/A
Eric Ensey Eric Ensey Source of Funds:Source of Funds:
Requested By:
Account Number:Account Number:
Planning & Development Planning & Development
Department:
Amount Budgeted:Amount Budgeted:
Report:Resolution:Resolution:Ordinance:Ordinance:
Amount Requested:Amount Requested:
Other:
Budgeted Item:Budgeted Item:YESYESNONO
Attachments :Attachments :
1. Ordinance1. Ordinance
2. P&Z Recommendation Letter2. P&Z Recommendation Letter
3. Zoning Application3. Zoning Application
4. Vicinity Map4. Vicinity Map
5. Zoning Map5. Zoning Map
6. Land Use Map6. Land Use Map
7. Fairmont Park East Business Park 7. Fairmont Park East Business Park
Subdivision PlatSubdivision Plat
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
The Applicant (Jose Angel Sandoval, Jr.) is seeking to purchase a .809 acre parcel of land known as Reserve 1, The Applicant (Jose Angel Sandoval, Jr.) is seeking to purchase a .809
acre parcel of land known as Reserve 1,
Fairmont Park Business Park Reserves 1, 3, 4, 5, and 6 from the Property Owner (Eddie V. Gray, Trustee) and Fairmont Park Business Park Reserves 1, 3, 4, 5, and 6 from the Property Owner
(Eddie V. Gray, Trustee) and
desires to construct his single family residence on the property. The applicant is requesting approval of a rezoning desires to construct his single family residence on the property.
The applicant is requesting approval of a rezoning
of the property from GC, General Commercial, to Rof the property from GC, General Commercial, to R--1, Low Density Residential. The City of La Porte1, Low Density Residential. The City
of La Portes Land Use s Land Use
Map, as adopted in the Comprehensive Plan, identifies this parcel as low density residential.Map, as adopted in the Comprehensive Plan, identifies this parcel as low density residential.
The subject site is part of the Fairmont Park East Business Park Reserves 1, 3, 4, 5, and 6 subdivision plat, which The subject site is part of the Fairmont Park East Business Park Reserves
1, 3, 4, 5, and 6 subdivision plat, which The subject site is part of the Fairmont Park East Business Park Reserves 1, 3, 4, 5, and 6 subdivision plat, which The subject site is part
of the Fairmont Park East Business Park Reserves 1, 3, 4, 5, and 6 subdivision plat, which
specifically identifies all reserve lots as commercial properties. As a result, the applicant needed to apply for and specifically identifies all reserve lots as commercial properties.
As a result, the applicant needed to apply for and
receive approval of a subdivision plat in accordance with City requirements that would remove the commercial receive approval of a subdivision plat in accordance with City requirements
that would remove the commercial
restriction on the subject parcel from the existing plat.restriction on the subject parcel from the existing plat.
There was a previous application for a zone change on this property by the applicant that was recommended for There was a previous application for a zone change on this property by the
applicant that was recommended for
approval by the Planning and Zoning Commission following a public hearing on June 19, 2014 and approved by the approval by the Planning and Zoning Commission following a public hearing
on June 19, 2014 and approved by the
City Council on July 14, 2014. As a condition to that approval, the applicant was given 180 days from the CouncilCity Council on July 14, 2014. As a condition to that approval, the applicant
was given 180 days from the Councils
approval to vacate the lot and replat the property, which would have been January 14, 2015. Unfortunately the approval to vacate the lot and replat the property, which would have been
January 14, 2015. Unfortunately the
applicant was not able to obtain the necessary signatures for the vacating plat by the end of the 180 day period, so applicant was not able to obtain the necessary signatures for the
vacating plat by the end of the 180 day period, so
the ordinance did not go into effect. As a result the applicant is resubmitting the same zone change request. the ordinance did not go into effect. As a result the applicant is resubmitting
the same zone change request.
However, at this time the applicant has obtained the necessary signatures for the vacating plat and the document is However, at this time the applicant has obtained the necessary signatures
for the vacating plat and the document is
ready to record with Harris County. ready to record with Harris County.
Planning and Zoning Commission RecommendationPlanning and Zoning Commission Recommendation::
The Planning and Zoning Commission conducted a public hearing at the April 16, 2015 meeting concerning this The Planning and Zoning Commission conducted a public hearing at the April
16, 2015 meeting concerning this
rezoning request. No public hearing notice responses were received by the City and no public testified for or rezoning request. No public hearing notice responses were received by the
City and no public testified for or
against the application at the meeting. The Commission voted unanimously to recommend approval of the rezoning against the application at the meeting. The Commission voted unanimously
to recommend approval of the rezoning
of the subject property by Mr. Sandoval from GC, General Commercial to Rof the subject property by Mr. Sandoval from GC, General Commercial to R--1, Low Density Residential, to allow
1, Low Density Residential, to allow
for future construction of a single family residence. The Commissionfor future construction of a single family residence. The Commissions approval was subject to the condition that
s approval was subject to the condition that
applicant be required to vacate that portion of the existing plat designated as Reserve 1. The applicant has all the applicant be required to vacate that portion of the existing plat
designated as Reserve 1. The applicant has all the
necessary plat signatures in order and is ready to record at this time.necessary plat signatures in order and is ready to record at this time.
Action Required of Council:Action Required of Council:
1.Conduct public hearing.Conduct public hearing.
2.Consider approval or other action on a recommendation by the Planning and Zoning Commission to approve Consider approval or other action on a recommendation by the Planning and Zoning
Commission to approve
Rezone Request #14Rezone Request #14--92000001, rezoning the referenced property from GC to R92000001, rezoning the referenced property from GC to R--1.1.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
EXHIBIT 'B'
VICINITY MAP
LOCATION OF
PROPERTY
S
A
PP
LE
TR
EE
CI
R
Y
KW
P
T
N
O
M
IR
A
F
1 inch = 200 feet
EXHIBIT 'D'
ZONING DISTRICT
R-1
PROPOSED REZONE
FROM GC TO R-1
S
A
PP
LE
TR
EE
CI
R
GC
Y
KW
P
T
N
O
M
IR
A
F
1 inch = 200 feet
EXHIBIT 'E'
LAND USE MAP
TRACT REQUESTED FOR
REZONE FROM GC to R-1
T
R
E
E
H
O
L
L
O
W
C
I
R
S
AP
PLE
TR
EE
CIR
WY
K
P
NT
O
RM
AI
F
FUTURE LAND USE
LARGE LOT RESIDENTIAL (NEW)
LOW-DENSITY RESIDENTIAL
MID-TO-HIGH-DENSITY RESIDENTIAL
MIXED USE (NEW)
NEIGHBORHOOD COMMERCIAL (NEW)
BAYPORT INDUSTRIAL DISTRICT
COMMERCIAL
MAIN STREET (NEW)
BUSINESS INDUSTRIAL (NEW)
LIGHT INDUSTRIAL (NEW)
HEAVY INDUSTRIAL (NEW)
PARKS AND OPEN SPACE (NEW)
PUBLIC / INSTITUTIONAL
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date RequestedMay 11, 2015 Appropriation:
:
Requested By: Eric Ensey Source of Funds: N/A
Department: Planning Account Number: N/A
Report: __X__Resolution: ____Ordinance: _X___Amount Budgeted: N/A
Exhibits: Amount Requested: N/A
Ordinance
P&Z Recommendation Letter Budgeted Item: N/A
SCUP Application
Area Map
Land Use and Zoning Map
Public Response Letters
_____________________________________________________________________________________
SUMMARY & RECOMMENDATION
The applicant (Rhonda Carraway) is seeking approval of a Special Conditional Use Permit (SCUP)
to allow construction of -in-unit at the property
addressed 227 S. Y Street and further described as Lots 9 and 10, Block 1, Oakhurst Subdivision and
is 8,000 square feet in area.
The site is zoned R-1 and contains an existing single family residential house. The applicant desires
to construct a 1,984 square foot secondary dwelling on their property. This structure would house a
garage and workshop on the first floor and a -in- on the second floor
residential use table (Section 106-331) allows for secondary dwelling units in the R-1 district through
consideration of a Special Conditional Use Permit. Although the zoning ordinance does not contain a
-in-
secondary dwelling unit.
There is currently a trend across the country to allow for secondary dwelling units on lots as mother-
in-law suites. There is a desire by many to become the primary care-givers for a family member and
have that family member in close proximity. Secondary dwelling units provide that ability while
providing some privacy and separation through detaching the structure. The use of this site will
remain single family detached residential.
The Planning and Zoning Commission conducted a public hearing at the April 16, 2015, meeting
concerning this request. Seven public hearing notice responses were received by the City for the P&Z
public hearing; six in favor and one in opposition. The Commission voted unanimously to
recommend approval of the proposed SCUP.
Action Required by Council:
1.Conduct public hearing.
2.Consider approval or other action on a recommendation by the Planning and Zoning Commission
to approve Special Conditional Use Permit Request #15-91000001, to allow construction of
secondary dwelling unit for the property located at 227 S. Y Street.
Approved for City Council Agenda
___________________________________ _______________________
Corby D. Alexander, City Manager Date
EXHIBIT A
City of La Porte
Special Conditional Use Permit #15-91000001
This permit is issued to: Rhonda Carraway
Owner or Agent
227 S. Y Street
Address
For Development of: Secondary Dwelling Unit
Development Name
227 S. Y Street, La Porte, TX 77571
Address
Legal Description: Lots 9 and 10, Block 1, Oakhurst Subdivision
Zoning: R-1, Low Density Residential
Use: Single Family Residential, Secondary Dwelling Unit
Permit Conditions:
This Special Conditional Use Permit is applicable for the subject property. A copy of which shall be maintained
in the files of the City’s Planning and Development Department upon approval. Project development shall be in
accordance with the following conditions:
1.All necessary documentation for building permit review must be submitted in conjunction with
the city’s building permit application process.
2.The plan shall comply with all applicable provisions of Chapter 106, “Zoning” of the City’s
Code of Ordinances and all other department reviews and applicable laws and ordinances of the
City of La Porte and the State of Texas.
3.The proposed secondary dwelling unit shall only be used for residential purposes.
Failure to occupy the building within 12 months after issuance or as scheduled under the terms of a special
conditional use permit shall void the permit as approved, except upon an extension of time granted after
application to the Planning and Zoning Commission.
If contract or agreement is terminated after completion of any stage and there is ample evidence that further
development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded
by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of
the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is
undeveloped.
Validation Date:
Director of Planning City Secretary
15-91000001
AVE
KHURST
OA
ST
Y
BA
LOCATION OF
PROPERTY
T
Y S
S
SANDEL
1 inch = 200 feet
VIEW
SCENT
CRE
EXHIBIT "C"
15-91000001
ST
Y
BA
LOCATION OF
PROPERTY
T
S
S Y
Zoning
R-1
R-3
SANDEL
NC
ZONING
ST
Y
BA
LOCATION OF
PROPERTY
T
Y S
S
Land Use
LOW-DENSITY RESIDENTIAL
MID-HIGH DENSITY RESIDENTIAL
SANDEL
PUBLIC / INSTITUTIONAL
LAND USE
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
May 11, 2015May 11, 2015AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
N/A N/A
Eric Ensey Eric Ensey Source of Funds:Source of Funds:
Requested By:
Account Number:Account Number:
Planning & Development Planning & Development
Department:
Amount Budgeted:Amount Budgeted:
Report:Resolution:Resolution:Ordinance:Ordinance:
Amount Requested:Amount Requested:
Other:
Budgeted Item:Budgeted Item:YESYESNONO
Attachments :Attachments :
1. Ordinance1. Ordinance
2. P&Z Recommendation Letter2. P&Z Recommendation Letter
3. SCUP Application 3. SCUP Application
4. General Plan4. General Plan
5. Area Map5. Area Map
6. Land Use Map6. Land Use Map
7. Zoning Map7. Zoning Map
8. Public Response Letters8. Public Response Letters
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
The applicant (Generational Commercial Properties) is seeking approval of a Special Conditional Use Permit The applicant (Generational Commercial Properties) is seeking approval of a
Special Conditional Use Permit
(SCUP) to allow construction of a 103,500 square foot freight transportation arrangement and logistics facility for (SCUP) to allow construction of a 103,500 square foot freight transportation
arrangement and logistics facility for
Barsan Global Logistics on a 7.1 acre portion of a 12.6 acre tract of land further described as Tracts 1BBarsan Global Logistics on a 7.1 acre portion of a 12.6 acre tract of land further
described as Tracts 1B--3, 3,
Abstract 35, Johnson Hunter Survey.Abstract 35, Johnson Hunter Survey.
The entire 12.6 acre site is zoned Planned Unit Development (PUD) and is currently an undeveloped tract of land. The entire 12.6 acre site is zoned Planned Unit Development (PUD) and
is currently an undeveloped tract of land.
thththth
The property is located on S. 16The property is located on S. 16 Street southeast of the W. M Street unimproved right Street southeast of the W. M Street unimproved right--ofof--way.
The site is way. The site is
located immediately adjacent to the Port Crossing Business Park. Although not within the boundaries of ownership located immediately adjacent to the Port Crossing Business Park. Although
not within the boundaries of ownership
of Port Crossing, the cityof Port Crossing, the citys Future Land Use Plan specifies development of this tract of land as s Future Land Use Plan specifies development of this tract
of land as Business Business
Industrialuses, similar to those uses established for the Port Crossing Business Park. The proposed facility would uses, similar to those uses established for the Port Crossing Business
Park. The proposed facility would
be located on approximately 7.1 acres of the overall parcel, with the remaining 5.5 acres to be developed at a later be located on approximately 7.1 acres of the overall parcel, with
the remaining 5.5 acres to be developed at a later
time and under a separate SCUP application.time and under a separate SCUP application.
The citys Future Land Use Map identifies the use of the property as s Future Land Use Map identifies the use of the property as Business IndustrialBusiness Industrialand as a result
the and as a result the
uses permitted on this parcel should be consistent with those permitted in the Business Industrial (BI) district. uses permitted on this parcel should be consistent with those permitted
in the Business Industrial (BI) district.
Barsan Global Logistics operates under the following NAICS classification: 541614 (Process, Physical Barsan Global Logistics operates under the following NAICS classification: 541614
(Process, Physical
Distribution, and Logistics Consulting Services) and 488510 (Freight Transportation Arrangement). Both of these Distribution, and Logistics Consulting Services) and 488510 (Freight Transportation
Arrangement). Both of these
classifications are permitted uses in the BI zone district.classifications are permitted uses in the BI zone district.
The Planning and Zoning Commission conducted a public hearing at the April 22, 2015, meeting concerning this The Planning and Zoning Commission conducted a public hearing at the April
22, 2015, meeting concerning this
request. One public hearing notice response in favor of the application was received by the City for the P&Z request. One public hearing notice response in favor of the application was
received by the City for the P&Z
public hearing. The Commission voted to recommend approval of the proposed SCUP subject to the following public hearing. The Commission voted to recommend approval of the proposed SCUP
subject to the following
conditions:
1.A site development plan shall be submitted in accordance with applicable requirements of the City of A site development plan shall be submitted in accordance with applicable requirements
of the City of
La PorteLa Portes Development Ordinance and shall comply with all provisions of Chapter 106, s Development Ordinance and shall comply with all provisions of Chapter 106, ZoningZoningof
the of the
Citys Code of Ordinances and all other department reviews and applicable laws and ordinances of the City s Code of Ordinances and all other department reviews and applicable laws and
ordinances of the City
of La Porte and the State of Texas.of La Porte and the State of Texas.
2.All necessary documentation for building permit review must be submitted in conjunction with the cityAll necessary documentation for building permit review must be submitted in conjunction
with the citys
building permit application process.building permit application process.
3.A traffic impact analysis performed by a licensed engineer agreed to by both the City and the applicant A traffic impact analysis performed by a licensed engineer agreed to by both
the City and the applicant
th
shall be required. The study must ensure that the proposed development will not adversely impact S. 16shall be required. The study must ensure that the proposed development will not
adversely impact S. 16
Street or any of the major intersections in the vicinity. If so, any mitigation required by the study will be the Street or any of the major intersections in the vicinity. If so, any
mitigation required by the study will be the
responsibility of the applicant and would be applied proportionately to the scope of development.responsibility of the applicant and would be applied proportionately to the scope of
development.
4.The subject property will need to be replatted and subdivided in accordance with the requirements outlined The subject property will need to be replatted and subdivided in accordance
with the requirements outlined
in the City of La Portein the City of La Portes Development Ordinance. As part of the plat, the applicant will be required to s Development Ordinance. As part of the plat, the applicant
will be required to
thth
dedicate rightdedicate right--ofof--way along S. 16way along S. 16 Street to make a consistent 100 Street to make a consistent 100--foot rightfoot right--ofof--way width.way width.
5.The applicant shall install all of the required street trees as part of the development of Parcel A as required The applicant shall install all of the required street trees as part
of the development of Parcel A as required
thth
by Section 106by Section 106--800 of the city800 of the citys Code of Ordinances along S. 16s Code of Ordinances along S. 16 Street and W. M Street. Street and W. M Street.
6.Harris County driveway permits shall be presented prior to permit issuance for all driveways requested. Harris County driveway permits shall be presented prior to permit issuance for
all driveways requested.
Maximum driveway widths shall be provided in compliance with city code requirements.Maximum driveway widths shall be provided in compliance with city code requirements.
7.The pavement shall remain in good, operable, dust free condition over time, and that repairs shall be made The pavement shall remain in good, operable, dust free condition over time,
and that repairs shall be made
as necessary upon written notification by the city.as necessary upon written notification by the city.
8.Any future change in use requires consideration of a Special Conditional Use Permit in accordance with Any future change in use requires consideration of a Special Conditional Use
Permit in accordance with
Chapter 106, Chapter 106, ZoningZoningof the Cityof the Citys Code of Ordinances.s Code of Ordinances.
Action Required of Council:Action Required of Council:
1.1.Conduct public hearing.Conduct public hearing.Conduct public hearing.Conduct public hearing.
2.Consider approval or other action on a recommendation by the Planning and Zoning Commission to approve Consider approval or other action on a recommendation by the Planning and Zoning
Commission to approve
Special Conditional Use Permit Request #15Special Conditional Use Permit Request #15--91000002, to allow construction of warehouse facility on a 7.1 91000002, to allow construction of
warehouse facility on a 7.1
acre portion of a 12.6 acre tract of land further described as Tracts 1Bacre portion of a 12.6 acre tract of land further described as Tracts 1B--3, Abstract 35, Johnson Hunter 3, Abstract
35, Johnson Hunter
Survey,.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
EXHIBIT A
City of La Porte
Special Conditional Use Permit #15-91000002
This permit is issued to: Generational Commercial Properties (on behalf of Barsan Global Logistics)
Owner or Agent
1503 Ridgecrest Drive, Austin, TX 78746
Address
For Development of: Barsan Global Logistics Freight Transportation Arrangement and
Logistic Consulting Facility
Development Name
th
Vacant parcel; located at the southeast corner of S. 16 Street and the
unimproved W. M Street right-of-way
Address
Legal Description: 7.1 acre portion of a 12.6 acre tract of land legally described as Tracts
1B-3, Abstract 35, Johnson Hunter Survey
Zoning: PUD, Planned Unit Development
Use: Business Industrial, Freight Transportation Arrangement and Logistic
Consulting Facility
Permit Conditions:
This Special Conditional Use Permit is applicable for the subject property. A copy of which shall be maintained
in the files of the City’s Planning and Development Department upon approval. Project development shall be in
accordance with the following conditions:
1.A site development plan shall be submitted in accordance with applicable requirements of the
City of La Porte’s Development Ordinance and shall comply with all provisions of Chapter 106,
“Zoning” of the City’s Code of Ordinances and all other department reviews and applicable
laws and ordinances of the City of La Porte and the State of Texas.
2.All necessary documentation for building permit review must be submitted in conjunction with
the city’s building permit application process.
3.A traffic impact analysis performed by a licensed engineer agreed to by both the City and the
applicant shall be required. The study must ensure that the proposed development will not
th
adversely impact S. 16 Street or any of the major intersections in the vicinity. If so, any
mitigation required by the study will be the responsibility of the applicant and would be applied
proportionately to the scope of development.
4.The subject property will need to be replatted and subdivided in accordance with the
requirements outlined in the City of La Porte’s Development Ordinance. As part of the plat, the
th
applicant will be required to dedicate right-of-way along S. 16 Street to make a consistent 100-
foot right-of-way width.
5.The applicant shall install all of the required street trees as part of the development of Parcel A
th
as required by Section 106-800 of the city’s Code of Ordinances along S. 16 Street and W. M
Street.
EXHIBIT A
6.Harris County driveway permits shall be presented prior to permit issuance for all driveways
requested. Maximum driveway widths shall be provided in compliance with city code
requirements.
7.The pavement shall remain in good, operable, dust free condition over time, and that repairs
shall be made as necessary upon written notification by the city.
8.Any future change in use requires consideration of a Special Conditional Use Permit in
accordance with Chapter 106, “Zoning” of the City’s Code of Ordinances.
Failure to occupy the building within 12 months after issuance or as scheduled under the terms of a special
conditional use permit shall void the permit as approved, except upon an extension of time granted after
application to the Planning and Zoning Commission.
If contract or agreement is terminated after completion of any stage and there is ample evidence that further
development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded
by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of
the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is
undeveloped.
Validation Date:
Director of Planning City Secretary
SPECIAL CONDITIONAL USE
PERMIT APPLICATION
Pierside Industries Inc.(843) 971-1339
vjmarino@mrs-cmc.com
2265 Clements Ferry Road, Suite 301 Charleston, SC 29492
GCP on behalf of Barsan Global LogisticsFreight Forwarding
Joseph Llamas(512) 853-9650
JLLAMAS@GCPRE.COM
1503 Ridgecrest Drive Austin, TX 78746
0402780010029
Tract 1B-3 abstract 35J Hunter
n
New Development
Joseph Llamas03/19/2015
n
n
n
March 18, 2015
Mr. Eric Ensey
604 W. Fairmont Parkway
La Porte, Texas 77571
RE: Barsan Global Logistics Special Conditional Use Permit Application (“SCUP”)
Dear Mr. Ensey:
I am pleased to provide details pertaining to my client’s, Barsan Global Logistics, Inc., intent to develop a 100,000
SF institutional quality industrial building in LaPorte Texas. Enclosed is the completed SCUP form, a proposed site
plan, building image from a Barsan building in Miami, FL, a brochure from a Generational Commercial Properties
project in Houston and some construction photo’s of that same building.
This project includes the acquisition of a twelve-acre parcel. Generational will platt and subdivide the property into
a northern and southern property. Generational will develop a 100,000 SF tiltwall industrial building for Barsan
Global Logistics, Inc. on the southern parcel. The attached site plan details this plan.
Barsan Global Logistics was founded in 1982 and provides freight forwarding services globally. Utilizing highway,
marine and air travel Barsan coordinates the transportation, warehousing and delivery of their client’s products
worldwide. They operate facilities on five continents and are currently expanding throughout the US. Their NAICS
Code # is 541614 / 488510.
Generational Commercial Properties is a commercial development firm with offices in Texas. Generational
acquires, develops, owns and operates multi-family, industrial and office real estate targeting functional, institutional
quality, infill real estate located in Texas, the nation's fastest growing state and strongest economy.
Sincerely,
GENERATIONAL COMMERCIAL PROPERTIES
Joseph Llamas
President
FOR LEASE > INDUSTRIAL
Airtex Commerce Center
431 EAST AIRTEX DRIVE, HOUSTON, TX 77073
Short description of the property will
go here; this property is great and has
a great location. You really want to
buy this property. It is cheap. You can
afford it. Buy, buy, and buy.
Airtex Commerce Center> Phase I
Airtex Commerce Center is a new Class A industrial facility located
on Airtex Drive less than a quarter mile east of I-45, just 3 miles
north of Beltway 8, and 3 miles south of 1960. This efficient rear-
load building can be accessed from 5 curb cuts, has ample parking
and trailer storage.
Building Features
>166,250 SF
Phase I>GasUnit Heaters Freeze
> Divisible to 40,000 SFProtection
>32 Clear Height>ESFRSprinklered
>60 Staging Bay>130 Truck Court
>52 x 47 Column Spacing>TrailerStorageAvailable
>37 External Truck Doors>1:5to 1,000 Parking Ratio
>2 Drive-in Dock Doors>TripleFreeport Exemption
>2,000 Amps 277/480 volt > Favorable Tax Rate
COLLIERS INTERNATIONAL
MIKE TAETZ, BILL BYRD, RYAN BYRD
SIORSIOR, CCIM
1233 W. Loop South | Suite 900
713 830 2107713 830 2131713 830 2171
Houston, TX 77027
mike.taetz@colliers.combill.byrd@colliers.comryan.byrd@colliers.com
www.colliers.com
FOR LEASE > INDUSTRIAL
Airtex Commerce Center
431 EAST AIRTEX DRIVE, HOUSTON, TX 77073
>Up to 340,000 SF
>Phase I
166,250 SF
> 3 Miles from Beltway 8
> Occupancy Q 201
China Bear
Contact Us
BILL BYRD, JOE LLAMAS
MIKE TAETZ, RYAN BYRD
SIOR, CCIM
SIOR
713 830 2131512 853 9650
713 830 2107713 830 2171
bill.byrd@colliers.comjllamas@gcpre.com
mike.taetz@colliers.comryan.byrd@colliers.com
A Co-development of Molto Properties and
Generational Commercial Properties.
Exclusively Listed by Colliers International
ColliersInternationalisaworldwideaffiliationofindependentlyownedandoperatedcompanies.
Theinformationcontainedhereinhas,webelieve,beenobtainedfromreliablesourcesandwehavenoreasontodoubtthe
accuracythereof.Allsuchinformationissubmitted,subjecttoerrors,omissionsorchangesinconditionpriortosale,lease
orwithdrawalwithoutnotice.Allinformationcontainedhereinshouldbeverifiedbythepersonrelyingthereon.Wehave
notmadeandwillnotmakeanywarrantyorrepresentationastotheconditionofthepropertynorthepresenceofany
hazardoussubstancesoranyenvironmentalorotherconditionsthatmayaffectthevalueorsuitabilityoftheproperty.
EXHIBIT "C"
15-91000002
Y
W
PK
T
ON
M
IR
FA
W
LOCATION OF
PROPERTY
W M ST
R
EXPORT D
1 inch = 600 feet
EXHIBIT "D"
15-91000002
Y
W
PK
T
ON
M
IR
FA
W
OUT
PO
COM
LOCATION OF
PROPERTY
W M ST
MHDR
LI
R
EXPORT D
Legend
LOW-DENSITY RESIDENTIAL
MID-HIGH DENSITY RESIDENTIAL
BI
COMMERCIAL
LDR
HI
BUSINESS INDUSTRIAL
LIGHT INDUSTRIAL
HEAVY INDUSTRIAL
1 inch = 600 feet
PARKS AND OPEN SPACE
EXHIBIT "E"
15-91000002
HI
BI
Y
W
PK
T
ON
M
IR
FA
W
GC
LOCATION OF
PROPERTY
W M ST
R-2
LI
PUD
LEGEND
R
EXPORT D
Zoning
R-2
GC
BI
LI
HI
1 inch = 600 feet
PUD
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
May 11, 2015May 11, 2015AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
N/A N/A
Tim Tietjens Tim Tietjens Source of Funds:Source of Funds:
Requested By:
Account Number:Account Number:
Planning & Development Planning & Development
Department:
Amount Budgeted:Amount Budgeted:
Report:Resolution:Resolution:Ordinance:Ordinance:
Amount Requested:Amount Requested:
Other:
Budgeted Item:Budgeted Item:YESYESNONO
Attachments :Attachments :
1. Chapter 102, Art. II "Natural Resources1. Chapter 102, Art. II "Natural Resources
2. Letters from Boone Exploration, Inc.2. Letters from Boone Exploration, Inc.
3. Prop. Vibroseis Testing Points Map3. Prop. Vibroseis Testing Points Map
4. Proposed Vibroseis Testing Point 4. Proposed Vibroseis Testing Point
CoordinatesCoordinates
5. Findings Report5. Findings Report
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
Boone Exploration, Inc. has filed an application with the City for a Geophysical Mineral Exploration and Testing Boone Exploration, Inc. has filed an application with the City for a
Geophysical Mineral Exploration and Testing
Permit as defined in Chapter 102, Article II Permit as defined in Chapter 102, Article II Geophysical Mineral Exploration and TestingGeophysical Mineral Exploration and Testingof
the Cityof the Citys Code s Code
of Ordinances (see Exhibit 1). of Ordinances (see Exhibit 1).
The company desires to conduct a seismic survey within the northwest portion of the City (in the Lomax area) and The company desires to conduct a seismic survey within the northwest
portion of the City (in the Lomax area) and
has provided a description of the methods to be utilized in two letters to the City (see Exhibit 2 has provided a description of the methods to be utilized in two letters to the City
(see Exhibit 2 attached). No attached). No
request is being made at this time to extract any potential underground natural resources; only to conduct testing to request is being made at this time to extract any potential underground
natural resources; only to conduct testing to
ascertain if sufficient resources exist in the specified areas. ascertain if sufficient resources exist in the specified areas.
This item was initially presented to Council at its February 9, 2015 meeting with a request of relief from the This item was initially presented to Council at its February 9, 2015 meeting
with a request of relief from the
ordinance requirement of a 300ordinance requirement of a 300buffer from existing homes and water wells. However, at this time, Boone buffer from existing homes and water wells. However,
at this time, Boone
Exploration is requesting issuance of a permit under the regulations of the CityExploration is requesting issuance of a permit under the regulations of the Citys existing ordinance.s
existing ordinance.
Action Required of Council:Action Required of Council:
Consider approval or other action of a permit for Boone Exploration, Inc. to conduct Geophysical Mineral Consider approval or other action of a permit for Boone Exploration, Inc. to
conduct Geophysical Mineral
Exploration and Testing Permit as described above.Exploration and Testing Permit as described above.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
Chapter 102 - NATURAL RESOURCES
ARTICLE I. - IN GENERAL
Secs. 102-1—102-30. - Reserved.
ARTICLE II. - GEOPHYSICAL MINERAL EXPLORATION AND TESTING
FOOTNOTE(S):
1
---()---
Cross reference—
Businesses, ch. 22.(Back)
DIVISION 1. - GENERALLY
Sec. 102-31. - Penalties for violations of article.
It shall be unlawful and an offense for any person to violate or neglect to comply with any provision of
this article,irrespective of whether or not the verbiage of each subsection of this article contains the
specific language that such violation or neglect is unlawful and is an offense. Any person who shall violate
any of the provisions of this article, or any of the provisions of a drilling and operating permit issued
pursuant to this article, or any condition of the bond filed by the permittee pursuant to this section, or who
shall neglect to comply with the terms of this section, shall be deemed guilty of a misdemeanor and shall,
upon conviction, be fined in amounts established by the city and listed in appendix B of this Code. The
violation of each separate provision of this section, and of the permit, and of the bond, shall be
considered separate offenses. Each day's violation of each separate provision of this article shall be
considered a separate offense. In addition to such penalties, it is further provided that the city council at
any regular or special session or meeting may, provided ten days' notice has been given to the permittee
that revocation is to be considered at such meeting, revoke or suspend any permit issued under this
article and under which drilling or producing operations are being conducted if the permittee has violated
any provision of the permit, the bond, or this article. If the permit is revoked, the permittee may make
application to the city council for a reissuance of such permit, and the action of the city council thereon
shall be final.
(Ord. No. 1659, § 3, 8-14-89)
Secs. 102-32—102-50. - Reserved.
DIVISION 2. - PERMIT
Sec. 102-51. - Required.
No person shall use or discharge in any manner any explosive including, but not limited to, dynamite
and nitroglycerin, nor conduct any other method of geophysical mineral testing by the use of vibrating
machines, or otherwise within the city, without first having obtained a permit therefor.
(Ord. No. 1659, § 1(16-28(1)), 8-14-89)
Sec. 102-52. - Application.
Page 1
Application for a permit under this article shall be made with the city secretary. Such application shall
contain the name of the applicant, address of the applicant, the geophysical methods of mineral
exploration to be used, the purpose therefor, the location and use with a map attached designating the
points of use. Such application shallbe accompanied by a permit fee in an amount established by the city
and listed in appendix A of this Code. On receipt of such application by the city secretary, the application
shall be referred to the city manager for a report as to the compliance of such application with the
provisions of this article. Such report and the application shall then be submitted to the city council. No
permit shall be issued except by the approval of the city council.
(Ord. No. 1659-A, § 1(16-28(2)), 1-8-90)
Sec. 102-53. - Insurance and bond requirements.
(a)On approval of the permit, but before the issuance of the permit, the applicant shall provide the city
secretary with an insurance certificate showing insurance coverage of the applicant for general
liability coverage in amounts not less than:
(1)Bodily injuries: $1,000,000.00 per person and $3,000,000.00 per accident; and
(2)Property damage: $1,000,000.00.
(b)Such insurance coverage shall be provided by a good and solvent insurance company authorized to
do businessin the state. In addition, the applicant shall provide a cash bond in the amount of
$5,000.00. Such cash bond shall be for the benefit of the city and all persons concerned, conditioned
that the permittee will comply with the terms and conditions of this article. The bond shall become
effective on or before the date the bond is filed with the city secretary and remain in force and effect
and on deposit for at least a period of six months after the exploration ends.
(Ord. No. 1659, § 1(16-28(3)), 8-14-89)
Sec. 102-54. - Duration.
All permits issued under this article shall expire 60 days from the date of its issuance.
(Ord. No. 1659, § 1(16-28(4)), 8-14-89)
Sec. 102-55. - Terms.
The terms of the permit shall be as follows:
(1)The permittee shall observe a 300-foot distance from any dwelling or water well.
foot distance from any dwelling or water well.
The permittee shall observe a 300
-
(2)The written agreement shall cover any water well damage effective for 90 days after completion
of the work.
(3)At least one city police officer (off-duty) shall be employed to accompany the work crew while
testing on the city rights-of-way, and the permittee shall provide 24 hours' notice to the chief of
police.
(4)The permittee shall obtain written permission from citizens to enter their property.
(Ord. No. 1659, § 1(16-28(5)), 8-14-89)
Secs. 102-56—102-75. - Reserved.
DIVISION 3. - REGULATIONS
Sec. 102-76. - Explosives.
Page 2
Explosives may be used with the prior and express written consent of the city council.
(Ord. No. 1659, § 1(16-29), 8-14-89; Ord. No. 1659-A, § 1, 1-8-90)
Sec. 102-77. - Notice of time and place of use of testing methods.
No geophysical method of mineral exploration shall be used under this permit without the permittee
having first, on the date of such proposed use, notified the city secretary and city manager of the
proposed time and location of the planned use. If the city secretary is not available, notice shall be given
to the chief of police, in addition to the city manager, and if he is not available, then to any police
personnel of the city. No testing shall beconducted on Sunday, nor between the hours of 8:00 p.m. and
6:00 a.m. local time. Notice shall also be given of the name of the person in charge of the testing for the
permittee for the day on which notice is given. In addition, written notice of such testing to the occupants
of all dwellings located within 2,000 feet of the test site at least 24 hours prior to the testing.
(Ord. No. 1659, § 1(16-30), 8-14-89)
Secs. 102-78—102-110. -Reserved.
ARTICLE III. - OIL AND GAS
FOOTNOTE(S):
2
---()---
Cross reference—
Business, ch. 22.(Back)
State Law reference—
Oil and gas generally, V.T.C.A., Natural Resources Code § 81.001 et seq.(Back)
DIVISION 1. - GENERALLY
Sec. 102-111. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning. All technical or oil
andgas industry words and phrases used in this article and not specifically defined in this section shall
have that meaning customarily attributable thereto by prudent operators in the oil and gas industry.
Actual drillingmeans when the drilling rig, whosepurpose it is to drill the bore hole into the
production horizon, first inserts the drill bit into the ground.
Blockmeans block of land only and shall not be misconstrued to mean drilling block.
Leasemeans any tract of land subject to an oil, gas and mineral lease or other oil and gas
development contract, or any unit composed of several tracts and leases but operated as one lease, and
any tract of land in which the minerals are owned by an operator or someone holding under it or him, but
which, due tothe fee royalty ownership is developed and operated as a separate tract.
New well permitteemeans the person to whom is issued a permit for the drilling and operation of a
new well under this section, and his or its administrators, executors, heirs, successors and assigns.
Old well permitteemeans the person to whom is issued a permit for the redrilling, working-over,
recompletion and reoperation of an old or existing well under this section, and his or its administrators,
executors, heirs, successors and assigns.
Permitteemeans both an old well permittee and a new well permittee.
Page 3
Wellmeans any holes, bores to any sand, any formation, strata or depth for the purpose of
producing and recovering any oil or gas, salt water injection, gas injection or enhanced recovery injection
project.
Well locationmeans the surface location of a well.
(Ord. No. 1659, § 1(16-1), 8-14-89)
Cross reference—
Definitions generally, § 1-2.
Sec. 102-112. - Violation of applicable laws or regulations.
Any violation of the laws of the state or any rules, regulations, or requirements of any state or federal
regulatory body having jurisdiction in reference to drilling, completing, equipping, operating, producing,
maintaining, spacing or abandoning an oil or gas well or relatedappurtenances, equipment, or facilities,
or in reference to firewalls, fire protection, blowout protection, safety protection, or convenience of
persons or property, shall also be a violation of this article, and shall be punishable in accordance with the
provisions of this article.
(Ord. No. 1659, § 1(16-27), 8-14-89)
Sec. 102-113. - Penalties for violations of article.
It shall be unlawful and an offense for any person to violate or neglect to comply with any provision of
this article, irrespective ofwhether or not the verbiage of each subsection of this article contains the
specific language that such violation or neglect is unlawful and is an offense. Any person who shall violate
any of the provisions of this article, or any of the provisions of a drilling and operating permit issued
pursuant hereto, or any condition of the bond filed by the permittee pursuant to this section, or who shall
neglect to comply with the terms of this article, shall be deemed guilty of a misdemeanor and shall, upon
conviction, be fined in amounts established by the city and listed in appendix B of this Code. The violation
of each separate provision of this section, the permit, and the bond shall be considered a separate
offense. Each day's violation of each separate provision of this article shall be considered a separate
offense. In addition to such penalties, it is further provided that the city council, at any regular or special
session or meeting, may, provided ten days' notice has been given to the permittee that revocation is to
be considered at such meeting, revoke or suspend any permit issued under this article and under which
drilling or producing operations are being conducted if the permittee has violated any provision of the
permit, the bond or this article. If the permit is revoked, the permittee may make application to the city
council for a reissuance of such permit, and the action of the city council thereon shall be final.
(Ord. No. 1659, § 3, 8-14-89)
Secs. 102-114—102-135. - Reserved.
DIVISION 2. - ADMINISTRATION
FOOTNOTE(S):
3
---()---
Cross reference—(Back)
Administration, ch. 2.
Sec. 102-136. - Appointment of planning director as oil and gas inspector.
The city council hereby appoints the planning director of the city to enforce the provisions of this
article.
Page 4
(Ord. No. 1659, § 1(16-9), 8-14-89)
Secs. 102-137—102-155. - Reserved.
DIVISION 3. - PERMIT
Sec. 102-156. - Required.
(a)New well permit.It shall be unlawful and an offense for any person acting either for himself or acting
as agent, employee or independent contractor for any other person, to commence to drill, or to
operate, any new well within the city limits, or to work upon or assist in any way in the development
or operation of any such new well, without a new well permit for the drilling and operation of such
new well having first been issued by the authority of the city council, in accordance with the terms of
this article.
(b)Old well permit.It shall be unlawful and an offense for any person acting either for himself or acting
as agent, employee or independent contractor for any other person, to commence to deepen, to
repair or to recomplete any well, old or existing, within the city limits or to work upon or assist in any
way in the development or operation of any such well, without an old well permit having first been
issued by the proper authority of the city council in accordance with the terms of this article.
(Code 1970, § 16-12; Ord. No. 1659, § 1(16-2), 8-14-89)
Sec. 102-157. - Application and filing fee.
Every application for a permit to drill and operate a well shall be in writing, signed by the applicant,
and duly filed with the city secretary, accompanied by a permit fee in an amount established by the city
and listed in appendix A of this Code. The application shall be for a single well and shall include full
information including the following:
(1)The date of the application.
(2)Name and address of the applicant.
(3)Proposed site of the well, including:
a.Name of the fee owner.
b.Name of the lease owner.
c.Legal description of the lease.
d.Map showing location of the well on the lease.
(4)Type of drilling rig to be used.
(5)The proposed depth of the well.
(6)A statement that it is understood and agreed that for any legal action or undertaking, venue for
all suits shall lie in the county under any provision of this article.
(Code 1970, § 16-13; Ord. No. 1659, § 1(16-5), 8-14-89)
Sec. 102-158. - Permittee's insurance and bond.
If a permit is issued by the city council under the terms of this article for the drilling and operation of a
well, no actual drilling operations or site preparation work shall be commenced until the permittee shall file
with the city secretary a bond and a certificate of insurance, as follows:
Page 5
(1)The bond shall be a cash bond in the principal sum of such number of dollars as has been
determined by the city council, but not to be less than $5,000.00. Such cash bond shall be for
the benefit of the city and all persons concerned, conditioned that the permittee will comply with
the terms and conditions of this article in the drilling and operation of the well. Such bond shall
become effective on or before the date the same is filed withthe city secretary and remain in
force and effect and on deposit for at least a period of six months subsequent to the expiration
of the term of the permit issued, and in addition the bond will be conditioned that the permittee
will promptly pay off fines, penalties and other assessments imposed upon the permittee by
reason of his breach of any of the terms, provisions and conditions of this article, and that the
permittee will promptly restore the streets and sidewalks and other public property of the city,
which may be disturbed or damaged in the operations, to their former condition. The permittee
will promptly clear all premises of all litter, trash, waste and other substances used, allowed or
occurring in the drilling or producing operations, and will,after abandonment, grade, level and
restore such property to the same surface condition, as nearly as possible, as existed when
operations for the drilling of the wells were first commenced. The permittee will indemnify and
hold the city harmless from anyand all liability growing out of or attributable to the granting of
such permit, including the payment of any expenses incurred by the city for any legal action
which may be filed by either party hereto by reason of seeking or recovery of damages to the
city. If at any time, the city council shall deem any permittee's bond to be insufficient for any
reason, it may require the permittee to make an additional cash bond. If after completion of a
well, the permittee has complied with all of the provisions of this article, such as removing the
derrick, clearing the premises, etc., he may apply to the city council to have the cash bond
reduced to a sum of not less than $1,000.00 for the remainder of the time the well produces
without reworking, and be given a refund of the amount of reduction. During reworking
operations, the amount of the bond shall be increased to the original amount.
(2)In addition to the bond required in subsection (1) of this section, the permittee shall carry a
policy of standard comprehensive public liability insurance, including contractual liability
covering bodily injuries and property damage, naming the permittee and the city, issued by an
insurance company authorized to do business within the state, such policy in the aggregate
shall provide for the following minimum coverages:
a.Bodily injuries: $1,000,000.00, one person and $3,000,000.00, one accident; and
b.Property damage: $1,000,000.00.
(3)The permittee shall file with the city secretary certificates of such insurance coverageas stated
in subsection (2) of this section, and shall obtain the written approval thereof by the city
secretary, who shall act thereon within ten days from the date of such filing. Such insurance
policy shall not be cancelled without written notice to the city secretary at least ten days prior to
the effective date of such cancellation. If the insurance policy is cancelled, the permit granted
shall terminate, and the permittee's rights to operate under the permit shall cease until the
permittee files additional insurance as provided in this section.
(Code 1970, § 16-14; Ord. No. 1659, § 1(16-8), 8-14-89)
Sec. 102-159. - Issuance or refusal.
(a)The city council, within 30 days after the filing of the application for a permit to drill and operate a
well,shall determine whether or not the application complies in all respects with the provisions of this
article, and if it does, the city council shall then fix the amount of the principal of the bond and
insurance provided for in section 102-158, and after such determination shall issue a permit for the
drilling and operation of the well applied for. Each permit issued under this article shall:
(1)By reference have incorporated therein all the provisions of this article with the same force and
effect as if this article were copied verbatim in the permit.
(2)Specify the well location with particularity to lot number, block number and correct legal
description.
Page 6
(3)Contain and specify that the term of such permit shall be for a period of 180 days from the date
of the permit and as long thereafter as the permittee is engaged in drilling operations with no
cessations of such operations for more than 90 days, or oil or gas is produced in commercial
quantities from the well drilled pursuant to such permit, provided that if at any time after
discovery of oil or gas the production thereof in commercial quantities shall cease, the term
shall not terminate if the permittee commences additional reworking operations within 90 days
thereafter, and if they result in the production of oil or gas, so long thereafter as oil or gas is
produced from such well.
(4)Contain and specify such conditions as are authorized by this article.
(5)Contain and specify that no actual operations shall be commenced until the permittee shall file
and have approved an indemnity bond in the designated principal amount as so determined by
the city council and conditioned as specified in section 102-158
(b)Such permit, in duplicate originals, shall be signed by the city manager, and prior to delivery to the
permittee shall be signed by the permittee (with one original to be retained by the city and one by the
permittee). When so signed, the permit shall constitute the permittee's drilling and operating license
and the contractual obligation of the permittee to comply with the terms of such permit, such bond
and this article.
(c)If the permit for the well is refused, or if the applicant notifies the city in writing that he does not elect
to accept the permit as tendered and wishes to withdraw his application, or if the bond of the
applicant is not approved and the applicant notifies the city in writing that he wishes to withdraw his
application, then, upon the happening of such events, the cash deposit provided for to be filed with
the application shall be returned to the applicant, except that there shall be retained therefrom by the
city a processing fee in an amount established by the city and listed in appendix A of this Code.
(Code 1970, § 16-17; Ord. No. 1659, § 1(16-6), 8-14-89)
Sec. 102-160. - Termination.
The permit shall terminate without any action on the part of the city unless actual drilling of the well
shall have commenced within 180 days from the date of issuance. The cessation for a like period of the
drilling operations, or the cessation of the production of oil or gas from the well after production shall have
commenced, shall cancel the permit, and the well shall be considered as abandoned for all purposes of
this article. It shall be unlawful thereafter to continue the operation or drilling of such well without the
issuance of another permit.
(Code 1970, § 16-21; Ord. No. 1659, § 1(16-7), 8-14-89)
Secs. 102-161—102-180. - Reserved.
DIVISION 4. - DRILLING AND OPERATING REGULATIONS
Sec. 102-181. - Well location.
(a)Subdivisions.No drilling for gas and oil wells in recorded subdivisions shall be allowed. This
subsection shall apply only to acreage which has been subdivided into home sites the size of which
are one acre or less and the plat has been filed for record in the office of the county clerk.
(b)Residences; commercial buildings; schools; city-owned buildings; water wells.No well shall be drilled
and no permit shall be issued for any well to be drilled at any location which is nearer than 750 feet
of any residence or commercial building without the applicant having first secured the written
permission of the owner. No well shall be drilled and no permit shall be issued for any well to be
drilled at any location which is nearer than 750 feet of any school campus within the La Porte
Page 7
Independent School District. No drilling and no permit shall be issued to any well nearer than 750
feet to city-owned buildings or water wells without written permission from the city.
(Ord. No. 1659, § 1(16-4), 8-14-89)
Sec. 102-182. - Streets and alleys.
No well shall be drilled and no permit shall be issued for any well to be drilled at any location which is
within any of the streets or alleys of the city. No street or alley shall be blocked or encumbered or closed
in any drilling or production operation except by special permit by order of the city council, and then only
temporarily.
(Code 1970, § 16-1; Ord. No. 1659, § 1(16-3), 8-14-89)
Sec. 102-183. - Deeper drilling.
If the city is satisfied that the well may be deepened with thesame degree of safety as existed with
the original well, a permit may be issued, in an amount established by the city and listed in appendix A of
this Code, to the permittee, authorizing the deepening and operation of the well to such specified depth
as applied for. In any deeper drilling or any deeper completion or any deeper production operations, the
permittee shall comply with all other provisions contained in this article and applicable to the drilling,
completion and operation of a well.
(Ord. No. 1659, § 1(16-10), 8-14-89)
Sec. 102-184. - Derrick and rig.
(a)It shall be unlawful and an offense for any person to use or operate in connection with the drilling or
reworking of any well within the city limits, any wooden derrick, and all engines shallbe equipped
with adequate mufflers approved by the city council; or to permit any drilling rig or derrick to remain
on the premises or drilling site for a period longer than 60 days after completion or abandonment of
the well. At all times from the start of erection of a derrick, mast or gin-pole, until the well is
abandoned and plugged or completed as a producer and enclosed with a fence as provided in this
division, the permittee shall keep a watchman on duty on the premises at all times; provided,
however, that it shall not be necessary to keep an extra watchman on duty on the premises when
other workers of the permittee are on the premises.
(b)No electric lighting generator shall be placed or remain nearer than 150 feet to any producing well or
oil tank.
(c)Any rubbish or debris which may constitute a fire hazard shall be removed to a distance of at least
100 feet from the vicinity of the wells, tanks and pump stations. All waste shall be disposed of in such
manner as to avoid creating a fire hazard or polluting fresh water streams or underground strata. All
waste disposal plans shall be approved by the planning director.
(d)No open flame or arc welding shall be allowed inside the derrick substructure of a well prior to
installation of the well head.
(e)All temporary oil and gas flow lines laid upon or across a public road or highway must be buried to
the depth required by permits issued under section 102-262.
(f)An electric powered rig shall be utilized when available.
(Ord. No. 1659, § 1(16-11), 8-14-89)
Sec. 102-185. - Pits.
Either earthen or steel slush pits shall be permitted in connection with the drilling operation. If a steel
pit is used, the pit and its contents shall be removed from the premises and the drilling site within 60 days
after completion of the well. If an earthen slush pit is used, the slush pit shall be filled and leveled within
Page 8
60 days after completion of the well. All drilling mud must be removed from the earthen pit prior to
backfilling.
(Ord. No. 1659, § 1(16-12), 8-14-89)
Sec. 102-186. - Casing.
All casing, including surface protection and production strings, shall be new seamless steel, or
equivalent quality oil well casing. Each joint and length of each particular casing string shall have, prior to
setting, unconditionally passed a hydraulic test to ensure physical integrity at design working pressure.
(Ord. No. 1659, § 1(16-13), 8-14-89)
Sec. 102-187. - Setting and cementing casing.
No well shall be drilled within the city limits without properly setting surface casing to a depth as
approved by the state department of water resources. The surface casing must be driven or cemented by
the pump and plug method. All other casing strings must be cemented by the pump and plug method with
sufficient cement to completely fill all of annular space behind the casing string to the surface. No well
shall be drilled within the city limits without properly setting surface casing a depth sufficient to protect
producing fresh water sands.
(Ord. No. 1659, § 1(16-14), 8-14-89)
Sec. 102-188. - Valves and blowout preventers.
No well shall be drilled within the city limits without equipping the intermediate protective casing with
at least one master valve and one fluid-operated ram type blowout preventer with mechanical operating
backup; and without properly equipping the production casing during completion operations and workover
operations with at least one master valve and at least one fluid-operated ram type blowout preventer.
Each blowout preventer shall test 5,000 pounds, and its mechanical operation shall be tested daily. All
control equipment shall be in good working condition and order at all times.
(Ord. No. 1659, § 1(16-15), 8-14-89)
Sec. 102-189. - Drilling fluid.
No well shall be drilled within the city limits without using mud as the drilling fluid after the setting of
surface casing as provided in section 102-187. The weight of the mud laden drilling fluid shall be at all
times maintained at such weight as will provide a hydrostatic head of not less than 500 pounds per
square inch in excess of the formation encountered by the well. In reworking a well, a drilling fluid shall be
at all times maintained at such weight as will provide a hydrostatic head of not less than 500 pounds per
square inch in excess of the pressure, of the formation penetrated by the well and open for production.
(Ord. No. 1659, § 1(16-16), 8-14-89)
Sec. 102-190. - Drill stem tests.
It shall be unlawful and an offense for any person in connection with the drilling or reworking
operations of any well within the city limits to take and to complete any drill stem test except during
daylight hours, and then only if the well effluent during the test is produced through an adequate oil and
gas separator to storage tanks, and the effluent remaining in the drill pipe at the time the tool is closed is
flushed to the surface by circulating drilling fluid down the annulus and up the drill pipe.
(Ord. No. 1659, § 1(16-17), 8-14-89)
Sec. 102-191. - Bradenhead.
Each well drilled within the city limits shall be equipped with a bradenhead with a working pressure of
not less than 3,000 pounds per square inch. Bradenheads shall be cast iron steel premanufactured and
Page 9
welded to the well casing. The bradenhead installed on the surface casing shall be set above the ground
level and shall be equipped with fittings having a working pressure rating of not less than 3,000 pounds
per square inch. The bradenhead pressure shall be checked at least once each calendar month, and, if
pressure is found to exist, proper remedial measures shall be taken immediately to eliminate the source
and the existence of the pressure.
(Ord. No. 1659, § 1(16-18), 8-14-89)
Sec. 102-192. - Christmas tree and well head connections.
The Christmas tree and all well head connections on each well drilled within the city limits shall have
at least a minimum working pressure of 3,000 pounds per square inch, and on all wells completed below
a depth of 7,000 feet, the Christmas tree and well head connections shall have at least a minimum
working pressure of 3,000 pounds per square inch and a minimum test pressure of at least 5,000 pounds
per square inch. All piping and fittings connecting thewell head to an oil and gas separator shall have at
least the same working pressure as specified for Christmas tree and well head connections in this
section. All wells shall be equipped with an automatic closing safety valve located adjacent to the wing
valve in addition to the regular control valves.
(Ord. No. 1659, § 1(16-19), 8-14-89)
Sec. 102-193. - Premises to be kept clean and sanitary.
The premises shall be kept in a clean and sanitary condition, free from rubbish of every character, to
the satisfaction of the city at all times drilling operations or reworking are being conducted, and as long
thereafter as oil and/or gas is being produced therefrom. Any spill, oil or salt water must be reported
immediately to the city and cleanup commenced promptly.
(Ord. No. 1659, § 1(16-20), 8-14-89)
Sec. 102-194. - Mufflers required.
Motive power for all operations after completion of drilling operations shall be electricity or properly
muffled gas, gasoline, or diesel engines. Such mufflers are to be approved by the chief building official
prior to their use.
(Ord. No. 1659, § 1(16-21), 8-14-89)
Sec. 102-195. - Storage tanks and separators.
It shall be unlawful and an offense for any person to use, construct or operate in connection with any
producing well within the city limits, any crude oil well storage tanks except to the extent of two steel tanks
for oil storage, not exceeding 500 barrels capacity each and so constructed and maintained as to be
vaportight, with pressure release valves set below tank design pressure, and each surrounded with an
earthen firewall at such distance from the tank as will, under any circumstances, hold and retain at least
1½ times the maximum capacity of such tank. A permittee shall operate a conventional steel separator,
andsuch other steel tanks and appurtenances as are necessary for separating oil and gas with each of
such facilities to be so constructed and maintained as to be vaportight. Each oil and gas separator shall
be equipped with both a regulation pressure relief safety valve and a bursting head.
(Ord. No. 1659, § 1(16-22), 8-14-89)
Sec. 102-196. - Fence.
Any person who completes any well as a producer shall have the obligation to enclose the well,
together with its surface facilities and storage tanks, by a substantial smooth net wire fence sufficiently
high and properly built so as to ordinarily keep persons and animals out of the enclosure with all gates
thereto to be kept locked when the permittee or his employees are not within the enclosure. It is provided,
Page 10
however, that in noncongested areas the city, at its discretion, may waive the requirement of any fence,
or may designate the type of fence to be erected.
(Ord. No. 1659, § 1(16-23), 8-14-89)
Sec. 102-197. - Venting and flaring of gas.
No person engaged in drilling or operating any well shall permit gas to escape or be vented into the
air unless the gas is flared and burned as permitted by the state railroad commission.
(Ord. No. 1659, § 1(16-24), 8-14-89)
Sec. 102-198. - Abandonment and plugging.
Whenever any well is abandoned it shall be the obligation of the permittee and the operator of the
well to plug the well in accordance with regulations of the state railroad commission. No surface or
conductor string of casing may be pulled or removed from awell. During initial abandonment operations it
will be the obligation of the permittee or the operator of the well to flood the well with mud-laden fluid
weighing not less than ten pounds per gallon or sufficient mud weight to yield a hydrostatic pressure500
pounds above the maximum formation pressure encountered by the well. The well will be kept filled to the
top with the mud-laden fluid at all times, and the mud-laden fluid of the above specifications will be left in
the well bore below and between cement plugs.
(Ord. No. 1659, § 1(16-25), 8-14-89)
Sec. 102-199. - Disposal of salt water.
The permittee shall make adequate provisions for the disposal of all salt water or other impurities
which he may bring to the surface, and disposal to be made in such manner as to not contaminate the
underground water strata or to injure surface vegetation. The disposal process shall be approved by the
city, prior to disposal for the protection of public health, safety and well-being.
(Ord. No. 1659, § 1(16-26), 8-14-89)
Sec. 102-200. - Use of explosives.
Explosives may be used with the prior express written consent of the city council.
(Ord. No. 1659, § 1(16-29), 8-14-89; Ord. No. 1659-A, § 1, 1-8-90)
Secs. 102-201—102-230. - Reserved.
ARTICLE IV. - PIPELINE TRANSPORTATION
FOOTNOTE(S):
4
---()---
Editor's note—
Ordinance No. 2004-2755, § 1, adopted July 12, 2004, repealed the former Art. IV, §§
102-231—102-237, 102-261—102-265, and enacted a new Art. IV as set out herein. The former Art. IV
pertained to similar subject matter and derived from Ord. No. 915, § 1(18-A-1)—(18-A-12), 3-6-72.
Cross reference—(Back)
Businesses, ch. 22.
State Law reference—
Transportation of gas and gas pipeline facilities, safety standards, preemption,
Vernon's Ann. Civ. St. art. 6053-1.(Back)
Sec. 102-231. - Declaration of policy.
Page 11
The city council declares that the policy of the city in the manner of granting to any person the
privilege to construct, operate and maintain any pipe or pipeline within the jurisdiction of the city for the
purpose of thereby transporting oil, gas, brine or any other liquid or gaseous substance whatsoever shall
be stated in this article. The provision of this article shall be administered by the director of planning or his
designee.
(Ord. No. 2004-2755, § 1, 7-12-04)
Sec. 102-232. - Definition of terms.
All terms used herein shall be taken in their ordinary signification except the following:
Cityshall mean the City of La Porte now incorporated andas hereafter expanded by annexation or
consolidation.
Commodityshall mean any liquid or gaseous substance or other product capable of being
transported through a pipeline and which is, or may become, flammable, toxic or otherwise hazardous to
human, animal or plant health and/or life.
Directorshall mean the director of planning or his designee.
Operational boundaryshall mean the prime property and location of the offices and operational
facilities of a person within the city. The term is not intendedto extend to rights-of-way, easements,
licenses or privileges owned or utilized by a person incidental to a pipeline and which radiate or depart
from such primary property, offices and operational facilities.
Permitteeshall mean the person to whom a permit is issued under the provisions of this ordinance.
Personshall mean an individual, corporation, partnership, association or any other entity, however
organized.
Pipelineshall mean any pipeline or part thereof, including pipe, valves and any appurtenances
thereto, which is used for the transportation of a commodity into, across, under or over the city. "Pipeline"
shall include any pipe, valve, appurtenance or portion of any pipeline crossing the operational boundary
of any industry operating, in whole or part, in the city. "Pipeline" shall not include any pipeline, pipe, valve
or appurtenance when located entirely on, within or under a person's operational boundary.
Relocationshall mean the horizontal or vertical movement of a pipeline.
Repositionshall mean the movement of a pipeline when such movement is necessary for the public
construction or public improvement: construction, maintenance and improvement of streets, water lines,
sanitary sewer lines, storm sewers, ditches and public utilities.
(Ord. No. 2004-2755, § 1, 7-12-04)
Cross reference—
Definitions generally, § 1-2.
Sec. 102-233. - Exemption.
This article shall not extend to:
(1)Any person now or hereafter providing natural gas service for residential and business use only
within the city pursuant to a franchise from the city as a gas distribution utility;
(2)Raw or potable water pipelines, valves and appurtenances; or
(3)City, county or state agencies for storm drainage or sanitary sewer service pipelines, valves and
appurtenances, except industrial wastes transported by pipeline to treatment facilities outside
the corporate city limits.
(Ord. No. 2004-2755, § 1, 7-12-04)
Page 12
Sec. 102-234. - Permit required.
No person shall commence the construction, relocation or reposition of a pipeline within the city
without a permit being obtained from the city for such pipeline under the terms of this chapter.
(Ord. No. 2004-2755, § 1, 7-12-04)
Sec. 102-235. - Application for permit
A person desiring a permit shall submit a written application to the director and concurrently
therewith shall pay a non-refundable fee to the city. The application form, which can be obtained from the
director, shall be submitted to the director, in duplicate, with the following information contained thereon:
(1)The name, business address and telephone number of the pipeline owner and operator;
(2)The names, titles and telephone numbers of the following persons:
a.The person submitting the information;
b.The principal contact for submittal of information; and
c.The 24-hour emergency contact (and an alternate 24-hour contact), who
1.Can initiate appropriate actions to respond to a pipeline emergency;
2.Has access to information on thelocation of the closest shutoff valve to any specific
point in the city or its jurisdiction; and
3.Can furnish the common name of the material then being carried by the pipeline.
(3)The origin point and destination of the pipeline being constructed, adjusted, relocated, replaced,
repositioned or repaired.
(4)A description of the commodity(s) to be transported through the pipeline. A copy of the material
safety data sheets for the commodity(s) shall be included with the submittal if the owner or
operator is required by federal or state law to have material safety data sheets available;
(5)The maximum allowable operating pressure on the pipeline as determined according to the U.S.
Department of Transportation and State Railroad Commission procedures orthe maximum
design strength for unregulated pipelines, if applicable;
(6)The normal operating pressure range of the pipeline;
(7)The maximum allowable temperature under which the substance or product may be pumped or
otherwise caused or permitted to flow through any and all of the particular portions of the
pipeline, if applicable;
(8)Engineering plans, drawings, maps with summarized specifications showing the horizontal
pipeline location, the pipeline covering depths and location of shutoff valves within the corporate
limits and ETJ of the city. The location of shutoff valves must be known in order for emergency
responders to clear the area for access to the valves. To the extent that information can be
reasonably obtained, drawings shall show the location of other pipelines and utilities that will be
crossed or paralleled within five feet;
(9)A summary description of the time, location, manner, means and methods of the proposed
construction, including but not limited to the following:
a.Detailed cross section/profile drawings for all public way crossings if requested by the
Director;
b.A plan accurately showing the location, course and alignment of the proposed pipeline,
including valve locations (existing and proposed), and all public ways in which the
proposed pipeline shall be laid, provided that the degree of accuracy shall not be required
Page 13
to exceed the accuracy which can be practicably achieved by using United States
Geological Survey (USGS) maps.
(10)A statement that the pipeline will comply with the applicable standards required by this article as
well as all applicable federal, state and local laws and regulations; and
(11)A statement that 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 notice of 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 months to complete such repositioning.
(12)A statement that the permittee shall notify the director at least 48 hours prior to performing any
scheduled repairs or maintenance on the pipeline. For unscheduled emergency repairs or
maintenance, taken to protect the public health, safety or welfare, the permittee shall notify the
city police department dispatcher as soon as practical but no later than one hour after
commencing repairs or maintenance.
The director expressly reserves the right to require the submission of additional information if the director
reasonably deems the information necessary to meet the requirements of this article. Such supplemental
information shall be submitted by the permittee to the director within ten days, excluding weekends and
city holidays, of the permittee's receipt of the director's written request. While awaiting the requested
information, the period in which the city must process the application shall be suspended.
(Ord. No. 2004-2755, § 1, 7-12-04)
Sec. 102-236. - City council consideration.
(a)Within 60 days from the date on which the official application is received at the official address for
the director, the director shall advise the applicant whether, based on the director's professional
judgment, the contemplated construction, relocation, replacement or reposition is in compliance with
this article. If the director does not deem the contemplated construction to be in compliance with this
article, the director shall notify the applicant, in writing, of any deficiencies found.
(b)After the notice described in subsection (a) of this section is given to the applicant, the director,
based upon the assessment of the director and other city personnel, shall report to the city council
upon his examination of such application and plans, including such changes in the plans as the
applicant may have made upon his suggestion, with his recommendation as to the granting or
denying of the permit application, based upon compliance or noncompliance with this article, at the
next regularly scheduled city council meeting for which adequate notice may be given. The director
shall in such report and recommendation state whether the proposed course or alignment of the
pipeline and depth at which it is proposed to be laid thorough undeveloped or unplatted areas is, to
the extent economically feasible, consistent with the probable future development of such areas,
location and opening of future streets, and laying of water, sanitary sewer, storm sewer lines, ditches
and public utilities incident to such probable future development.
(c)After the report and recommendation is made to the city council, the city council shall consider
approval or denial of the permit.
(Ord. No. 2004-2755, § 1, 7-12-04)
Sec. 102-237. - Permits.
Page 14
Upon approval, permits shall be executed in duplicate originals by the director. One duplicate original
shall be delivered to the permittee and the other shall be retained by the city. A copy of the permit shall be
conspicuously displayed at each point where the pipeline construction, relocation or repositioning
intersects any public street, right-of-way, easement or public property within the corporate limits of the
city.
(Ord. No. 2004-2755, § 1, 7-12-04)
Sec. 102-238. - Permit transference.
Permits may be transferred after prior written notice to the director, on a form provided by the
director, which notice shall set forth the full name and address of the transferee, the full name and
address of the transferee's registered agent or owner (if an unincorporated entity) and an agreement that
the transferee shall be bound by all provisions of the application and permit as originally acted upon and
granted by the city. The transfer application shall be signed by an authorized officer, owner or
representative of both the transferor and transferee and shall be accompanied by a non-refundable
transfer fee.
(Ord. No. 2004-2755, § 1, 7-12-04)
Sec. 102-239. - Permit fees.
(a)Every permit requested under the terms and conditions of this article, with the exception of those
permits necessitated due to a repositioning of a pipeline at the request or required by the city or
another governmental entity, shall provide for the payment by the applicant to the city of a non-
refundable application fee of $1,000.00 per pipeline.
(b)Every permit granted under the terms and conditions of this article shall provide for the payment of
an annual fee thereafter in the amount of $800.00 per pipeline per year, payable annually in advance
on or before July 1 of each year.
(c)Every permit transfer shall be accompanied by a non-refundable transfer fee of $300.00.
(Ord. No. 2004-2755, § 1, 7-12-04)
Sec. 102-240. - Permit expiration.
(a)If construction, relocation or reposition of the pipeline does not commence within one year from the
date of the permit, the permit shall be void unless the permittee makes written application for an
extension. The city council may grant an extension for one additional year only.
(b)Pipelines abandoned after the date of this article shall have their permit voided and shall not
thereafter be subject to the terms of this article except as follows:
(1)The owner or operator shall report to the director, in writing, the abandonment of a pipeline that
has been permitted in accordance withthis article.
(2)All known abandoned pipelines shall be purged, disconnected from all sources or suppliers of
gas, hazardous liquids and chemicals and shall be capped or sealed at each end within the city
limits.
(Ord. No. 2004-2755, § 1, 7-12-04)
Sec. 102-241. - Construction requirements.
All pipelines shall be constructed in accordance with the following guidelines:
(1)All pipelines shall be constructed in accordance with the latest applicable minimum standards, if
applicable, established by the United States Department of Transportation, Texas Railroad
Commission, or any other entity having regulatory authority over pipeline safety and
construction matters.
Page 15
(2)All pipelines shall be buried to specified depths, as follows:
a.Pipelines which run under or within 20 feet of any street or streets and/or any proposed
street which has been designated on the master plan for the city or the official city map of
the city, shall be buried to a depth of at least six feet measured between the top of the
pipeline and the natural surface of the ground.
b.Pipelines which run under any ditch and/or drainage area or structure shall be buried to a
depth of at least five feet measured between the top of the pipeline and the ultimate
channel or structure depth. Permittee is responsible for determining the ultimate depths
from the appropriate agency and reporting said information with permit application.
c.Pipelines for areas not mentioned in a. or b. above shall be buried to a minimum depth of
four feet measured between the top of the pipeline and the natural surface of the ground.
Provided further, if at any particular point or points the director determines that a greater or
lesser depth be required, such permit shall not be granted except upon agreement by the
permittee to comply with such depth requirement.
(3)All pipelines shall cross public streets, public properties and public rights-of-way as closely as
possible to a right (90°) angle.
(4)All public streets,roads and ways in existence at the time of construction of a pipeline shall be
bored under and shall not be cut for the purpose of constructing, relocating or repositioning a
pipeline.
(5)All pipeline related excavations in any public right-of-way shallbe backfilled in a manner
satisfactory to the city; and if after once refilling such excavation the earth within the excavated
area settles so as to leave a depression, the permittee shall be required to make further
necessary fills as ordered by the city. All areas shall be graded and maintained so as to provide
drainage of the area.
(6)The permittee shall be required to repair all portions of any street across or along and under
which pipelines are laid and place the same in as good a state of repair and condition as they
were at the time the construction, repair or removal was commenced, such repairs to be to the
satisfaction of the city.
(7)Upon completion of the pipeline, the permittee shall provide the director with three as-built (or
record) drawings of the pipeline, showing the route, distances and shut-off valve locations.
These drawings shall be submitted in digital format acceptable to the city.
(Ord. No. 2004-2755, § 1, 7-12-04)
Sec. 102-242. - Pipeline location.
(a)Where feasible, a new pipeline shall be located within existing pipeline corridors. The feasibility of
locating new pipelines in established corridors in the city shall be considered from the perspective of
the pipeline owner or operator, taking into consideration the following:
(1)The availability and cost of corridor space;
(2)The availability and cost of right-of-way to and from the corridor;
(3)Technical, environmental, safety, efficiency and cost issues related to building, operating and
maintaining both the portion of the pipeline that would be located in the corridor and the lengths
of pipeline required to gain access to and from routing through a corridor;
(4)Any delays in right-of-way acquisition or pipeline construction that may result from routing
through a corridor;
(5)The availability of an alternative right-of-way to the owner or operator; and
Page 16
(6)All other matters that a prudent pipeline owner or operator would consider in selecting the route
for a new pipeline.
Provided that the owner or operator has considered in good faith the use of existing corridors
within the city, the determination of the owner or operator as to the feasibility shall be
determinative, unless there is clear and convincing evidence that contradicts the conclusion of
the owner or operator.
(b)When it is not feasible for a new pipeline to be located within an existing corridor, the pipeline should,
to the extent practical:
(1)Follow property boundaries of fee parcels or existing easements to avoid unnecessary
fragmentation of land andavoid diagonal routes that would create slivers of land between public
ways, except if following:
a.Manmade or topographical features is in the public interest;
b.Boundary lines or existing easements is impractical under the circumstances;
c.Boundary lines or existing easements poses safety concerns; or
d.Boundary lines or existing easements would not be feasible.
(2)Avoid areas of unique recreational or aesthetic importance, environmentally sensitive areas and
areas of historical or cultural significance, unless appropriate mitigation measures are
undertaken to the satisfaction of the director; and
(3)Avoid conflict with existing or planned urban developments as well as the location of planned
future streets and laying of planned water, sanitary sewer and storm sewer lines, structures and
ditches incident to such future development.
(Ord. No. 2004-2755, § 1, 7-12-04)
Sec. 102-243. - Liability.
A condition of granting any permit shall require the permittee to save the city harmless from liability
for injury or damage to any person or person's property caused by the construction, relocation,
repositioning, maintenance, operation, repair or removal of any part or all of such pipeline within any
public right-of-way or easement; and shall require the permittee to pay to the city all damages caused to
the city by construction relocation, repositioning, maintenance, operation, repair or removal of such
pipeline or any part thereof.
(1)Except in an emergency, the permittee shall notify the director 48 hours before commencing at
any time excavation in any portion of any said unpaved or unimproved street, and not wholly
close any street, but shall at all times maintain a route of travel along and within such roadway
area, to the extent such travel was allowed prior to the excavation.
(2)In the event of an emergency, it being evident that immediate action is necessary for the
protection of the public and to minimize property damage and loss of investment, permittee
may, at its own responsibility and risk make necessary emergency repairs, notifying the city
police dispatch of this action as soon as practical, but not later than one hour after commencing
repairs or maintenance.
(Ord. No. 2004-2755, § 1, 7-12-04)
Sec. 102-244. - Insurance and bonding requirements.
(a)Under this article, a permittee must furnish, prior to any construction, repair, adjustment, relocation,
reposition or replacement, and shall further maintain at all times during the life of the permit,
commercial general liability insurance for bodily injury and property damage, including explosion,
collapse and underground hazard, coverage in the minimum combined single limit amount of
$1,000,000.00 as it pertains to all pipelines or other facilities owned by the permittee in the public
Page 17
way in the jurisdiction. Such policy shall name the city, its officers, agents and employees as
additional insureds.
(b)A certificate of insurance specifying the coverage required in subsection (b) of this section with an
insurance company having acceptable insurance rating shall be furnished to the director prior to the
issuanceof any permit. Such certificates of insurance shall provide that at least 30 days prior written
notice for the termination or modification of the required insurance shall be given to the city.
(c)In lieu of liability insurance, a permit applicant shall furnish evidence of financial responsibility which
demonstrates the applicant's qualifications as a self-insurer. Such evidence may take the form of the
most recent corporate financial report which is acceptable to the city council as giving assurance of
the applicant's financial ability to comply with the requirements of this section.
(Ord. No. 2004-2755, § 1, 7-12-04)
Sec. 102-245. - Pipeline permit updates.
It shall be the responsibility of the permittee to provide, in writing, updated information on the
following aspects of each permit:
(1)Name and mailing address of the pipeline owner.
(2)Name and telephone number of two officers or persons available on a 24-hour basis who can
furnish or obtain immediately, information as to the pressure at the point or points of input
nearest to the city and the common name of the commodity carried by the pipeline.
(3)A description of the commodity(s) being transported through the pipeline. A copy of the material
safety data sheets for the commodity(s) shall be included with the update if the owner or
operator is required by federal or state law to have material safety data sheets available.
This information will be provided with the annual update or upon transference or any change in
ownership.
(Ord. No. 2004-2755, § 1, 7-12-04)
Sec. 102-246. - Pipeline signs.
Every pipeline, new or existing, within the corporate limits of the city shall bear at all times, in plain,
indelible lettering, signs denoting the ownership of said pipeline, permanently affixed in thepipeline right-
of-way where said pipeline rights-of-way cross public streets, public properties or public rights-of-way.
(Ord. No. 2004-2755, § 1, 7-12-04)
Sec. 102-247. - Penalties.
Any violation of any section, subsection or part of this article shall be deemed a misdemeanor and
such violation thereof during all or any portion of any day shall be a separate offense and misdemeanor;
and upon final conviction, every person, firm, association, corporation or partnership guilty of such
violation shall be fined in a sum not more than $2,000.00 per each day of violation.
(Ord. No. 2004-2755, § 1, 7-12-04)
Page 18
VIBROSEIS POINTX (EASTING)Y (NORTHING)
5001493242246.57691713.76
5001503242356.42691719.58
5001513242576.11691731.23
5001523242694.69691572.28
5001533242804.53691578.10
5001543242436.75693321.08
5001553242546.60693326.90
5001563242656.44693332.72
5001573243173.25695012.44
5001583243392.94695024.08
5001593243612.63695035.73
5001603243832.32695047.38
5001733247756.33691675.37
5001743247976.02691687.02
5001753248195.71691698.66
5001763247995.61693395.45
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REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
May 11, 2015May 11, 2015AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
Park Zone Park Zone
Rosalyn Epting Rosalyn Epting Source of Funds:Source of Funds:
Requested By:
Account Number:Account Number:
Parks & Recreation Parks & Recreation
Department:
Amount Budgeted:Amount Budgeted:
Report:Resolution:Resolution:Ordinance:Ordinance:
66,400 66,400
Amount Requested:Amount Requested:
Other:
Budgeted Item:Budgeted Item:YESYESNONO
Attachments :Attachments :
1. MOA with La Porte Boys Baseball 1. MOA with La Porte Boys Baseball
AssociationAssociation
2. Representative Drawing of Shade Canopy2. Representative Drawing of Shade Canopy
3. Shade Structure Estimate3. Shade Structure Estimate
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
Staff has been working with La Porte Boys Baseball on a joint project to install shade canopies over 20 bleachers Staff has been working with La Porte Boys Baseball on a joint project
to install shade canopies over 20 bleachers
at Pecan Park. These bleachers will provide much needed cover for patrons at the Park. at Pecan Park. These bleachers will provide much needed cover for patrons at the Park.
The total estimated cost of the canopies is $110,000, which includes design services (for wind load rating), The total estimated cost of the canopies is $110,000, which includes design
services (for wind load rating),
construction, and installation. The original proposal from the Association, which would not have satisfied the construction, and installation. The original proposal from the Association,
which would not have satisfied the
Citys current wind load requirements, called for a total cost of $43,600. The Association was willing to fund the s current wind load requirements, called for a total cost of $43,600.
The Association was willing to fund the
entire cost of this proposal. However, once the structure was reentire cost of this proposal. However, once the structure was re--evaluated with the wind load in mind, the cost for
evaluated with the wind load in mind, the cost for
the structures increased dramatically and was no longer feasible without an additional funding source. New the structures increased dramatically and was no longer feasible without an
additional funding source. New
estimates for the same number of structures was approximately $100,000, which included the design services. estimates for the same number of structures was approximately $100,000, which
included the design services.
Staff is recommending approval of the attached Memorandum of Agreement with the Association to help fund this Staff is recommending approval of the attached Memorandum of Agreement with
the Association to help fund this Staff is recommending approval of the attached Memorandum of Agreement with the Association to help fund this Staff is recommending approval of the
attached Memorandum of Agreement with the Association to help fund this
project. The Agreement is structured to cap the City contribution at $66,400. When combined with the project. The Agreement is structured to cap the City contribution at $66,400.
When combined with the
Associations contribution of $43,600 and accounting for a 10% contingency, the total estimated cost is $110,000. s contribution of $43,600 and accounting for a 10% contingency, the
total estimated cost is $110,000.
The Park Zone Fund for this zone has a balance of $243,082. The Park Zone Fund for this zone has a balance of $243,082.
Action Required of Council:Action Required of Council:
Consider approval or other action authorizing the City Manager to execute a Memorandum of Agreement between Consider approval or other action authorizing the City Manager to execute
a Memorandum of Agreement between
the City of La Porte and the La Porte Boys Baseball Association.the City of La Porte and the La Porte Boys Baseball Association.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement (MOA) is made by and entered into this ____ day of__________, 2015
(the “Effective Date”) between the City of La Porte, Texas, a home-rule municipality under the laws of the
State of Texas (“the City”) and the La Porte Boys Baseball Association, Inc., a Texas nonprofit corporation,
(“LPBBA”), to establish each party’s obligations to complete design, construction, and installation of shade
canopies at Pecan Park Baseball Complex (the “Project”).
The terms acceptable to both Parties to begin the Project are as follows:
The City and LPBBA agree that the Project shall consist of design, procurement of materials, and
installation of 20 steel shade canopies (hereinafter defined as “the Improvements”) to cover the existing
bleachers that are owned and maintained by the City, at the Pecan Park Baseball Complex. The LPBBA
will ensure that Improvements comply with all City requirements, codes, and state laws, which includes,
but is not limited to:
Engineered, stamped Plans
Wind-load requirement of 150 mph – 3 second gust.
Site Plan – layout of each structure on the plot.
LPBBA shall submit completed design plans and Site Plan as described above to City for review, and shall
be subject to City approval. After City approval of said design plans and Site Plan, City agrees that it will
process all necessary permits at no cost to LPBBA.
The LPBBA shall be responsible for the coordination of all aspects of the Project, which includes procuring
design services, procurement of quotes, and oversight of installation. In order to ensure that all resources
are spent in the most efficient manner, the LPBBA will obtain three quotes for the work and select the
contractor with the lowest, qualified quote.
The total cost of the project is estimated to be no more than $110,000.00. City agrees to pay an amount
not to exceed $66,400.00 towards the cost of the project. LPBBA agrees to pay $43,600.00 toward the
cost of the project, and as necessary, any additional costs to the extent the total project cost exceeds
$110,000.00.
The City’s $66,400.00 portion of the Project cost shall be allocated as follows: 1) a maximum amount of
$49,999.00 is eligible to be applied towards the cost of materials, labor, and related construction
expenses; 2) a maximum amount of $16,401 is eligible to be applied towards the costs of
design/engineering services.
The City will assume ongoing maintenance responsibility for the Improvements once completed. It is
agreed that the 20 shade canopies will be jointly owned by City and LPBBA, and that neither party may
remove or relocate any of the said 20 shade canopies after installation at the Pecan Park Baseball
Complex, without the express, written permission of the other party.
This MOA constitutes the complete understanding between the parties in order to begin the procurement
and installation process for the Improvements.
For the City of La Porte, Texas:
_______________________ ________________________________
Corby D. Alexander Attest: Patrice Fogarty, City Secretary
City Manager
For the La Porte Boys Baseball Association:
_______________________
Dean Bieber, President
Approved as to Form:
Clark T. Askins
Assistant City Attorney
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested May 11, 2015
Source of Funds: N/A
Requested By: Corby Alexander
Account Number: N/A
Department: City Manager
Amount Budgeted: N/A
Report Resolution: Ordinance: X
Amount Requested: N/A
Exhibit: Ordinance
Budgeted Item: YES NO
Exhibit: Draft Ordinance
Exhibit: Fairmont Parkway Improvements
SUMMARY & RECOMMENDATION
Approximately, 10 months ago the City Council commissioned an ad hoc committee to review issues
related to truck traffic within the City of La Porte. The goal was to assemble a group of community folks
with varying points of view to take a comprehensive look at the manner/extent to which the City should
regulate trucks in the community.
In doing so, the committee took a very close look at both the City’s truck route ordinance as well as the
City’s parking ordinance as both have significant truck regulations. Below are some of the key
recommended changes that I would like to call to your attention.
1.The committee recommends replacing references to heavy trucks with the term commercial
vehicles.
2.The committee recommends defining commercial vehicle as “1) a vehicle or combination of
vehicles with an actual gross weight, a registered gross weight, a gross weight rating or any
combination in excess of 26,000 pounds; 2) a farm vehicle or combination of farm vehicles with
an actual gross weight, a registered gross weight, or a gross weight rating of 48,000 pounds or
more when operating intrastate; 3) a vehicle transporting hazardous materials requiring a placard;
4) a motor carrier transporting household goods for compensation in commerce in a vehicle not
defined in Texas Transportation Code, Sec. 548.001(1); 5) a foreign commercial motor vehicle
that is owned or controlled by a person or entity that is domiciled in or a citizen of a country other
than the United States; or 6) a contract carrier transporting the operating employees of a railroad
on a road or highway of the State of Texas in a vehicle designed to carry 15 or fewer passengers.
This definition is intended to mirror the definition of commercial motor vehicle found in the
Texas Transportation Code. The term heavy trucks included in the current ordinance could be
interpreted to include vehicles much smaller than 18 wheeler, yet imposed the same restrictions.
3. The committee recommends better defining what a property owner’s options are related to
creating a parking lot that would be authorized to accommodate commercial motor vehicles. The
Sec. 70-237) “
committee recommends the following language be added (The owner or operator
of any existing or proposed site in which parking is sought for accommodation of customer
commercial motor vehicles, including combination commercial motor vehicles, where the site is
physically capable of safely accommodating such vehicles, shall be required to submit to the
Planning Department for approval a parking facility striping plan as a component of a proposed
site plan, or as an amending document to a previously approved (if one exists) site plan. The
applicant for the site plan or amended site plan shall be allowed the option of striping up to 15%
of the required automobile parking as dual use parking spots for the accommodation of
commercial motor vehicle parking, and shall be so striped and labeled. Such allocation shall
generally be located within the parking spaces least used.
The committee recommends adding the follow clause (Sec 70-232C) “
4.Commercial motor vehicles
not in combination with a trailer or transporting a placarded load of hazardous materials may travel to
and park at locations off a designated truck route by taking the most direct route possible, regardless
of whether the operator of the commercial motor vehicle is loading or unloading cargo, providing
services, or seeking repairs at a legitimate repair facility, provided that the location is not in a
residentially zoned area and is at a site physically capable of accommodating customer commercial
motor vehicle parking by means of a parking facility striping plan 1) configured to allow for the safe
parking of commercial motor vehicles, and 2) approved by the Planning Department of the City in
accordance with the requirements of Section 70-237 of this Chapter.”
This clause would allow businesses that are not located on the designated truck route to go thru a
formal process to get their parking lot approved to accommodate commercial motor vehicles not in
combinations, or “bobtails”. Presently, the ordinance only allows for parking lots to accommodate
truck at location along the truck route.
Section 70-232D: “
5.Combination commercial motor vehicles, other than vehicles transporting a
placarded load of hazardous cargo, may travel to and park at locations contiguous to and fronting a
designated truck route, regardless of whether the operator of the commercial motor vehicle is loading
or unloading cargo, or seeking repairs at a legitimate repair facility, provided that the location is at a
site physically capable of accommodating customer commercial motor vehicle parking specific to
commercial motor vehicles in combination with a trailer, by means of a parking striping plan 1)
configured to allow for the safe parking of combination commercial motor vehicles, and 2) approved
by the Planning Department of the City in accordance with the requirements of Section 70-237 of this
Chapter.
This clause would allow truck and trailer parking at locations along the truck route, provided that the
property owner goes the required process to have a parking lot approved to accommodate commercial
motor vehicles.
6.The committee also recommends that Powell Road and Bay Area (between Fairmont and
Spencer) to the truck route.
7.The committee recommends adding Fairmont back to Hazardous Cargo Route.
8.The committee also recommended that the City support the County’s proposed improvements to
Fairmont Parkway. The County have summited a grant for funding signal synchronization and
intersection reconfiguration of all lights on along Fairmont (from Canada to Hwy 146). The goal
would be enhance mobility by making the signals communicate. The project would also adding a
traffic signal at the entrance to Pecan Crossing. I have included more detailed information
regarding the grant application as an exhibit to this agenda item. Please, note that should the
grant application be successful, the County will seek financial assistance with the local match
requirements. If needed, staff anticipates incorporating any local match into the 5 Year CIP.
9.The committee also suggested more “No Truck” signage throughout the community.
10.The committee also recommends that the City work appropriate entities to push for the widening
th
of South 16 Street and Choate Road.
Members of the committee will be present to discuss any and all of the recommendations should the
Council so desire.
Action Required by Council:
Council may choose to accept all or none (or any combination thereof) of the recommendations from the
committee.
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
ORDINANCE NO. 2015 -
AN ORDINANCE AFFIC AND VEHICLES
ORDINANCES IN CONNECTION WITH COMPREHENSIVE REVIEW AND UPDATE TO TRUCK
ROUTE REGULATIONS; 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 FIVE
HUNDRED DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1
: Section
70-me limit for trailers, semitrailers and other types of trailers
Ordinances is hereby amended to read as follows:
Sec. 70-179. - Parking time limit for trailers, semitrailers and other types of trailers.
It shall be unlawful for any person to leave, stand or park a trailer, boat, or commercial motor vehicle, either attached or
unattached to a motor vehicle, in the main traveled portion of a roadway, or any portion of a residential street, for any period of
time.
Section 2
: That Chapter 70Traffic and VehiclesVI Truck Routes and Gross Weight Limits
Division 1Generallyof the La Porte, Texas Code of Ordinances is hereby amended to read as follows:
-211. - Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them
in this section, except where the context clearly indicates a different meaning:
Boat means a watercraft not more than 25 feet in length, measured from end to end, over the deck, excluding
shear, and manufactured or used primarily for noncommercial use. For purposes of this article only, the term "boat"
shall also include the trailer designed and used for the transportation of the boat over the public streets and highways.
Commerce means an interchange of goods, commodities and/or services especially on a large scale between
countries (foreign trade) or between different parts of the same county for compensation.
Commercial motor vehicle means 1) a vehicle or combination of vehicles with an actual gross weight, a
registered gross weight, a gross weight rating or any combination in excess of 26,000 pounds; 2) a farm vehicle or
combination of farm vehicles with an actual gross weight, a registered gross weight, or a gross weight rating of 48,000
pounds or more when operating intrastate; 3) a vehicle transporting hazardous materials requiring a placard; 4) a motor
carrier transporting household goods for compensation in commerce in a vehicle not defined in Texas Transportation
Code, Sec. 548.001(1); 5) a foreign commercial motor vehicle that is owned or controlled by a person or entity that is
domiciled in or a citizen of a country other than the United States; or 6) a contract carrier transporting the operating
employees of a railroad on a road or highway of the State of Texas in a vehicle designed to carry 15 or fewer
passengers.
Daytime means one-half hour before sunrise to one-half hour after sunset.
Gross Combination Weight Rating (GCWR) means the greater of 1) A value specified by the manufacturer of
the power unit, if such value is displayed on the Federal Motor Vehicle Safety Standard (FMVSS) certification label
required by the National Highway Traffic Safety Administration, or 2) the sum of the gross vehicle weight rating
(GVWR) or the gross vehicle weight (GVW) of the power unit and the towed unit(s), or any combination thereof, that
produces the highest value. As an exception to application of this definition, the GCWR of the power unit will not be
used to define a commercial motor vehicle when the power unit is not towing another vehicle.
Gross Vehicle Weight Rating (GVWR) means the value specified by the manufacturer as the loaded weight of a
single motor vehicle.
Hazardous material is a substance or material which has been determined by the Secretary of Transportation
to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and which
has been so designated.
Legitimate repair facility means a commercial facility operated principally for the repair of motor vehicles.
Nighttime means any time period other than daytime.
Registered Gross Weight Vehicle Weight Rating (RGVWR) means the value specified on the registration
receipt as the loaded weight of a single motor vehicle.
Shipping containers means sealable shipping containers, designed for intermodal transportation, either with or
without a permanent affixed chassis, used in interstate and international commerce for the shipment of goods and
merchandise.
Shipping containers storage yards means a facility for the storage, handling and repair of shipping containers.
Trailer means: a) Full Trailer, which is any motor vehicle other than a pole trailer which is designed to be
drawn by another motor vehicle and so constructed that no part of its weight, except for the towing device, rests upon
the self-propelled towing motor vehicle. A semitrailer equipped with an auxiliary front axel (converter dolly) shall be
considered a full trailer; b) Pole Trailer, which is any motor vehicle which is designed to be drawn by another motor
secured to the towing motor vehicle, for transporting long or irregularly shaped loads such as poles, pipes, or structural
members, which generally are capable of sustaining themselves as beams between the supporting connections; or c)
2
Semitrailer, which is any motor vehicle, other than a pole trailer, which is designed to be drawn by another motor
vehicle and is constructed so that some part of its weight rests upon the self-propelled towing motor vehicle.
Truck means any self-propelled commercial motor vehicle except a truck tractor, designed and/or used for the
transportation of property.
Truck routes means those routes which are designated by this article for the use of commercial motor vehicles.
Truck tractor means a self-propelled commercial motor vehicle designed and/or used primarily for drawing
other vehicles.
Weight enforcement officer means 1) a license and weight inspector of the Texas Department of Public Safety;
2) 3) a municipal police officer in a municipality with a population
of 100,000 or more or 74,000 or more in a county with a population of more than 1.5 million; or 4) a police officer
certified under Texas Transportation Code Section 644.101.
Sec. 70-212. - Penalty for violation of article; culpable mental state not required in prosecution.
Except as otherwise provided in the article, the driver, owner, operator or other person operating or driving any
commercial motor vehicle over, on or upon city streets or public highways within the limits of the city who fails to
comply with the provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be fined in any
sum in an amount established by the city and listed in Appendix B of this Code. Neither allegation nor evidence of a
culpable mental state is required for the proof of an offense defined in this article.
Secs. 70-21370-230. -
Section 3
:
of the La Porte, Texas Code of Ordinances is hereby amended to read as follows:
Sec. 70-231. - Designation.
For the purposes of this division, those streets and thoroughfares within the corporate limits of the city which
are enumerated as follows are hereby designated as truck routes:
Route Extent
State Highway 225 Entire extent within corporate limits
(including frontage roads)
3
New State Highway 146 Entire extent within corporate limits
(including frontage roads)
Barbours Cut Boulevard New State Highway 146 east to corporate limits
16th Street Barbours Cut Boulevard south to Fairmont Parkway
Fairmont Parkway New State Highway 146 to west corporate limits
West Main Street New State Highway 146 to west corporate limits
Underwood Road Entire extent within corporate limits
Powell Road (S. 16 Street) Fairmont Parkway south to 1700 block of Powell Road
th
Bay Area Blvd. Fairmont Parkway to Spencer Highway
Export Drive From South 16 Street to State Highway 146
th
South 16 Street From south of Export Drive to Wharton Weems Blvd. and McCabe Road connecting with
th
State Highway 146.
North Broadway From north of Barbours Cut Blvd. to North "L" Street.
North "L" Street From west of North Broadway to North 6 Street
th
North "J" Street From North 6 Street to west connecting with State Highway 146.
th
North 8th Street Barbours Cut Boulevard to a point 300 feet north of the north right-of-way line of Barbours
Cut Boulevard
Sec. 70-232. - Use required generally.
No person shall operate a commercial motor vehicle upon any roads, avenues, streets or thoroughfares within
the corporate limits of the city except on those which are designated as truck routes in Section 70-231 of this Code, and
subject to the gross weight limits established by Division 3 of this article.
Sec. 70-233. - Exception to Section 70-232: point of origin; parking of commercial motor vehicles.
4
(a) The provisions of Section 70-232 of this Code notwithstanding, in those instances where any commercial
motor vehicles originating within the corporate limits of the city, shall have as its point of origin a point
located off a designated truck route, it shall proceed to the nearest point on a designated truck route by the
most direct route possible. If such commercial motor vehicles shall originate outside the corporate limits of the
city and enter the city at a point which is not on a designated truck route, it shall proceed to the nearest point
on a designated truck route by the most direct route possible.
(b) In those cases where commercial motor vehicles originate off a designated truck route, whether inside or
outside the corporate limits of the city, and the destination of the commercial motor vehicle is nearer the origin
or point of entering the corporate limits of the city than is the nearest point on a designated truck route by the
most direct route possible, it shall not be necessary to proceed to the nearest designated truck route.
(c) Commercial motor vehicles not in combination with a trailer or transporting a placarded load of hazardous
materials may travel to and park at locations off a designated truck route by taking the most direct route
possible, regardless of whether the operator of the commercial motor vehicle is loading or unloading cargo,
providing services, or seeking repairs at a legitimate repair facility, provided that the location is not in a
residentially zoned area and is at a site physically capable of accommodating customer commercial motor
vehicle parking by means of a parking facility striping plan 1) configured to allow for the safe parking of
commercial motor vehicles, and 2) approved by the Planning Department of the City in accordance with the
requirements of Section 70-237 of this Chapter.
(d) Combination commercial motor vehicles, other than vehicles transporting a placarded load of hazardous cargo,
may travel to and park at locations contiguous to and fronting a designated truck route, regardless of whether
the operator of the commercial motor vehicle is loading or unloading cargo, or seeking repairs at a legitimate
repair facility, provided that the location is at a site physically capable of accommodating customer
commercial motor vehicle parking specific to commercial motor vehicles in combination with a trailer, by
means of a parking striping plan 1) configured to allow for the safe parking of combination commercial motor
vehicles, and 2) approved by the Planning Department of the City in accordance with the requirements of
Section 70-237 of this Chapter.
Sec. 70-234. Exception to Section 70-232: loading, unloading and repair of trucks.
Commercial motor vehicles restricted to the streets designated as truck routes under Section 70-232 of this
Code may depart such truck routes when it is necessary to load or unload cargo, provide services, or seek repairs for the
commercial motor vehicle at a legitimate repair facility, at a location situated off designated truck routes; provided,
however, that such commercial motor vehicles shall not leave any designated truck route until such commercial motor
vehicle has reached a point on some designated truck route which is nearest the applicable place of loading, unloading
or servicing by the most direct route possible. All required loading berths and facilities for truck repair shall be off-
street and located on the same lots as the building or use to be served. After leaving a designated truck route to load or
unload, commercial motor vehicles may continue off truck routes to as many points of destination as necessary. If, in
the course of making the necessary stops for loading and unloading, the commercial motor vehicles shall cross a
designated truck route, then, in that event, such commercial motor vehicle shall not again leave any designated truck
routes until it has reached a point on some designated truck route which is nearest to the next place of loading and
unloading by the most direct route possible.
5
Sec. 70-235. Hazardous material routes; designation.
(a) For the purpose of this division, those streets and thoroughfares within the corporate limits of the city which are
enumerated as follows are hereby designated as hazardous material routes:
Route Extent
State Highway 225 Entire extent within corporate limits
(excluding frontage roads)
New State Highway 146 Entire extent within corporate limits
(excluding frontage roads)
Fairmont Parkway From Underwood Rd. to South 16 th Street
South 16 th Street From Fairmont Parkway to Wharton Weems Blvd.
Wharton Weems Blvd. From South 16 th Street to New State Highway 146
Commercial motor vehicles transporting hazardous materials shall not depart off the hazardous material route,
(a)
except to pick up or deliver hazardous material, provide services, or to seek repairs for the commercial motor
vehicle at a legitimate repair facility. In such cases, the vehicle shall not depart the hazardous material route until
such vehicle has reached a point which is nearest the applicable place of loading or unloading, provision of
services, or legitimate repair facility, and shall return to the hazardous material route by the most direct route.
Additionally, said commercial motor vehicles transporting hazardous materials may not park at or travel to any
location, including locations contiguous to and fronting the hazardous material route, for any period of time except
to pick up or deliver hazardous material, provide services, or seek repairs for the commercial motor vehicle at a
legitimate repair facility.
Sec. 70-236. - Alternate routes.
Whenever any street or roadway designated as a truck route is under repair, or otherwise temporarily out of
use, the chief of police shall be authorized to designate alternate truck routes.
Sec. 70-237. Parking Plan for Accommodation of Commercial Motor Vehicles.
The owner or operator of any existing or proposed site in which parking is sought for accommodation of customer
commercial motor vehicles, including combination commercial motor vehicles, where the site is physically capable of safely
accommodating such vehicles, shall be required to submit to the Planning Department for approval a parking facility striping
plan as a component of a proposed site plan, or as an amending document to a previously approved (if one exists) site plan. The
6
applicant for the site plan or amended site plan shall be allowed the option of striping up to 15% of the required automobile
parking as dual use parking spots for the accommodation of commercial motor vehicle parking, and shall be so striped and
labeled. Such allocation shall generally be located within the parking spaces least used.
Sec. 70-238. - Lane use restrictions for trucks on portions of State Highway 225.
(a) That the findings contained in the preamble of Ordinance No. 2003-2618 are determined to be true and correct.
As evidence thereof, documents establishing the approval described in the preamble of Ordinance No. 2003-2618 have
been incorporated into this section and made a part hereof as exhibit A.
(b) That, as used in this section, the following terms shall have the meanings ascribed in this section:
Authorized lanes means the two controlled access lanes on each side of the State Highway 225 (eastbound side and
westbound side) that are most immediately to the right of the left-hand (or inner) controlled access lane.
Designated portion of State Highway 225 means that portion of State Highway 225 between the point at which the
corporate limits of the Cities of Deer Park and La Porte abut on the west and the intersection of Sens Road overpass on the
East.
Peak traffic hours means the hours between 6:00 a.m. and 8:00 p.m.
Truck means a "truck" as defined in Section 541.201 of the Texas Transportation Code that has three or more axles
or a "truck tractor" as defined in Section 541.201 of the Texas Transportation Code, regardless of whether the truck tractor
is drawing another vehicle or trailer.
Workday means Monday through Friday, holidays observed by the closure of City of La Porte offices excepted.
(c) Any person driving or operating a truck on the designated portion of State Highway 225 during peak traffic hours
on any workday shall not utilize any controlled access lane other than the authorized lanes.
(d) That enforcement of this section is subject to Section 545.0651 of the Texas Transportation Code, and the
prohibition established in subsection (c) of this section shall not be effective during any period of suspension or
revision of approval by the Executive Director of the Texas Department of Transportation or the director's designee as
provided in subsection (f) of Section 545.0651 or during any period when traffic control devices that are required to be
erected and maintained by the Texas Department of Transportation pursuant to Section 545.0651 are not in place, nor
shall the provisions of this section be construed to prohibit operation of a truck in a lane other than an authorized lane
for the purpose of passing another vehicle or for the purpose of entering and exiting the highway. The provisions
established under subsection (d) shall constitute defenses to prosecution under this section.
(e) Any person, as provided in Subchapter D of Chapter 542 of the Texas Transportation Code, who shall violate any
provision of this section, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not
to exceed $200.00.
Secs. 70-239 70-255. - Reserved.
Section 4
:
7
Sec. 70-256. - Enumeration.
Except as otherwise provided by law, no commercial motor vehicle shall be operated over, on or upon the
public streets and highways within the corporate limits, having a weight in excess of one or more of the following
limitations:
(1) No commercial motor vehicle shall have a greater weight than 20,000 pounds carried on any one axle,
including all enforcement tolerances; or a tandem axle weight in excess of 34,000 pounds, including all
enforcement tolerances; or an overall gross weight on a group of two or more consecutive axles in excess of
that produced by application of the following formula:
W = 500 LN ) + 12N ° 36
(
N-1
where W equals overall gross weight on any group of two or more consecutive axles to the nearest 500 pounds, L
equals distance in feet between the extreme of any group of two or more consecutive axles, and N equals number of
axles in group under consideration, except that two consecutive sets of tandem axles may carry a gross load of
34,000 pounds each, providing the overall distance between the first and last axles of such consecutive sets of
tandem axles is 36 feet or more; provided, however, that such overall gross weight may not exceed 80,000 pounds,
including all enforcement tolerances.
(2) No commercial motor vehicle shall have a greater weight than 600 pounds per inch width of tire upon any
wheel concentrated upon the surface of the highway and using high-pressure tires, and a greater weight than
650 pounds per inch width of tire upon any wheel concentrated upon the surface of the highway and using low-
pressure tires, and no wheel shall carry a load in excess of 8,000 pounds on high-pressure tires and 10,000
pounds on low-pressure tires, nor any axle a load in excess of 16,000 pounds on high-pressure tires, and
20,000 pounds on low-pressure tires.
(3) Nothing in this section shall be construed as permitting size or weight limits on the national system of
interstate and defense highways within the corporate limits of the city in excess of those permitted under 23
USC 127. If the federal government prescribes or adopts vehicle size or weight limits greater than those
prescribed by 23 USC 127 for the national system of interstate and defense highways, the increased limits shall
become effective on the national system of interstate and defense highways within the corporate limits of the
city.
(4) In this section, an axle load is defined as the total load transmitted to the road by all wheels whose centers may
be included between two parallel transverse vertical planes 40 inches apart, extending across the full width of
the vehicle. Tandem axle group is defined as two or more axles spaced 40 or more inches apart from center to
center, having at least one common point of weight suspension.
(5) Any weight enforcement officer, having reason to believe that the gross weight or axle load of a loaded motor
vehicle is unlawful, is authorized to weigh the vehicle by means of portable or stationary scales approved by
the police department of the city for such use, or the weight enforcement officer may cause the loaded motor
vehicle to be weighed by any public weigher and may require such vehicle to be driven to the nearest available
scales for the purpose of weighing. If the gross weight of a vehicle weighed pursuant to this subsection, is
found to exceed the maximum gross weight authorized by law, plus a tolerance allowance of five percent of
the gross weight authorized by law, such weight enforcement officer shall demand and require the operator or
8
owner of the motor vehicle to unload, or cause to be unloaded, such portion of the load as is necessary to
decrease the gross weight of such vehicle to the maximum permitted by law, plus such tolerance allowance.
Such vehicle may not be operated further over the public streets and highways within the city until the gross
weight of the vehicle has been reduced to a weight not in excess of the maximum authorized by law plus such
tolerance allowance, except as authorized under this subsection. If the axle load of a vehicle weighed pursuant
to this subsection, is found to exceed the maximum authorized by law, plus a tolerance allowance of five
percent of the axle load authorized by law, such weight enforcement officer shall demand and require the
operator or owner of the motor vehicle to decrease the axle load to the maximum authorized by law plus such
tolerance allowance. The owner or operator may reduce such load by rearranging the cargo, if possible, or by
unloading or having others to unload such portion of the cargo as is necessary to decrease the axle load to the
maximum authorized by law, plus such tolerance allowance. Such vehicle may not be operated further over the
public streets and highways within the city so long as any axle load exceeds the maximum authorized by law
plus such tolerance allowance except as authorized under this subsection. If the load of a motor vehicle
consists of livestock, the operator shall be permitted to proceed to the destination without unloading providing
the destination is within the state. If the gross weight of a motor vehicle or an axle load exceeds the maximum
permitted by law, plus a tolerance of five percent of the gross weight authorized by law, but the weight
enforcement officer believes that the cargo cannot be unloaded or rearranged safely at the place where such
vehicle was weighed, or the weight enforcement officer believes that the unloading or rearranging of the cargo
at such place would create an unreasonable disruption of traffic, he shall require the operator to proceed to a
location where the cargo can be unloaded or rearranged safely without causing disruption to traffic. Such
location shall be the nearest such place on city property, or property under the control of the driver or his
principal, or on property where consent has been given for such loading and where it is feasible to unload or
rearrange such cargo.
Section 5
. 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 FIVE HUNDRED DOLLARS ($500.00).
Section 6.
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 7
. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such
conflict only.
Section 8.
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,
s been open to the public as required by
9
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 9
. 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
By:
Louis R. Rigby, Mayor
ATTEST:
City Secretary
APPROVED:
Assistant City Attorney
10
ORDINANCE NO. 2015 -
AN ORDINANCE AFFIC AND VEHICLES
ORDINANCES IN CONNECTION WITH COMPREHENSIVE REVIEW AND UPDATE TO TRUCK
ROUTE REGULATIONS; 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 FIVE
HUNDRED DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1
: Section
70-me limit for trailers, semitrailers and other types of trailers
Ordinances is hereby amended to read as follows:
Sec. 70-179. - Parking time limit for trailers, semitrailers and other types of trailers.
It shall be unlawful for any person to leave, stand or park a trailer, semitrailer, pole trailer, ranch trailer, boat, house
trailer, utility trailer or truck tractor commercial motor vehicle, either attached or unattached to a motor vehicle, in a moving
lane of traffic in the main traveled portion of a roadway, or any portion of a residential street, for any period of time. It shall be
unlawful for any person to knowingly leave, stand or park said vehicles at any location along the truck route for any period of
time, except at locations authorized to accommodate truck parking. The vehicle must only enter and exit the parking location
via the truck route. In addition, it shall be unlawful for any said vehicle to be parked at a location off the truck route for any
period of time with the exception of the point of origin and point of destination as described under the provisions of section 70-
233, of the chapter. Trucks bearing a department of transportation (DOT) placard shall not be parked on any street for a period
of time in excess of one hour. A placard vehicle shall not be parked within 2,000 feet of a school campus.
Section 2
: That Chapter 70Traffic and VehiclesVI Truck Routes and Gross Weight Limits
Division 1Generallyof the La Porte, Texas Code of Ordinances is hereby amended to read as follows:
-211. - Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them
in this section, except where the context clearly indicates a different meaning:
Boat means a watercraft not more than 25 feet in length, measured from end to end, over the deck, excluding
shear, and manufactured or used primarily for noncommercial use. For purposes of this article only, the term "boat"
shall also include the trailer designed and used for the transportation of the boat over the public streets and highways.
Commerce means an interchange of goods, commodities and/or services especially on a large scale between
countries (foreign trade) or between different parts of the same county for compensation.
Commercial motor vehicle means any motor vehicle other than a motorcycle, designed or used for the
transportation of property, including certain vehicles used for delivery purposes. means 1) a vehicle or combination of
vehicles with an actual gross weight, a registered gross weight, a gross weight rating or any combination in excess of
26,000 pounds; 2) a farm vehicle or combination of farm vehicles with an actual gross weight, a registered gross
weight, or a gross weight rating of 48,000 pounds or more when operating intrastate; 3) a vehicle transporting
hazardous materials requiring a placard; 4) a motor carrier transporting household goods for compensation in
commerce in a vehicle not defined in Texas Transportation Code, Sec. 548.001(1); 5) a foreign commercial motor
vehicle that is owned or controlled by a person or entity that is domiciled in or a citizen of a country other than the
United States; or 6) a contract carrier transporting the operating employees of a railroad on a road or highway of the
State of Texas in a vehicle designed to carry 15 or fewer passengers.
Daytime means one-half hour before sunrise to one-half hour after sunset.
Gross weight means the weight of a vehicle without load, plus the weight of any load thereon.
Gross Combination Weight Rating (GCWR) means the greater of 1) A value specified by the manufacturer of
the power unit, if such value is displayed on the Federal Motor Vehicle Safety Standard (FMVSS) certification label
required by the National Highway Traffic Safety Administration, or 2) the sum of the gross vehicle weight rating
(GVWR) or the gross vehicle weight (GVW) of the power unit and the towed unit(s), or any combination thereof, that
produces the highest value. As an exception to application of this definition, the GCWR of the power unit will not be
used to define a commercial motor vehicle when the power unit is not towing another vehicle.
Gross Vehicle Weight Rating (GVWR) means the value specified by the manufacturer as the loaded weight of a
single motor vehicle.
Hazardous material means any material that requires a federal department of transportation placard to be
transported pursuant to 49 CFR 177.823, as adopted in state law. a substance or material which has been determined
by the Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, and property when
transported in commerce, and which has been so designated.
Heavy truck means a truck with a gross vehicle weight more than, or equal to 33,000 lbs. The gross vehicle
weight is the weight of the empty vehicle plus the maximum anticipated weight.
House trailer means a recreational vehicle, trailer or semitrailer, which is designed, constructed and equipped
as a temporary dwelling place, living abode or sleeping place, and is equipped for use as a conveyance on streets and
highways.
Legitimate repair facility means a commercial facility operated principally for the repair of motor vehicles.
Light truck means any truck with a limited manufacturer's rated carrying capacity. This definition is intended
to include those trucks commonly known as one-ton trucks, pickup trucks, panel delivery trucks and carryall trucks.
Nighttime means any time period other than daytime.
2
Pole trailer means every vehicle without motive power designed to be drawn by another vehicle and attached
to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle, and
ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable,
generally, of sustaining themselves as beams between the supporting connections.
Ranch trailer means a vehicle, with or without motive power, other than a pole trailer, designed for carrying
livestock, ranch implements or other moveable personal property attendant to the business and recreational use of the
raising of livestock or crops.
Registered Gross Weight Vehicle Weight Rating (RGVWR) means the value specified on the registration
receipt as the loaded weight of a single motor vehicle.
Semitrailer means every vehicle, with or without motive power, other than a pole trailer or ranch trailer,
designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of
its weight and that of its load rests upon or is carried by another vehicle.
Shipping containers means sealable shipping containers, designed for intermodal transportation, either with or
without a permanent affixed chassis, used in interstate and international commerce for the shipment of goods and
merchandise.
Shipping containers storage yards means a facility for the storage, handling and repair of shipping containers.
Trailer mean every vehicle, with or without motive power, other than a pole trailer or ranch trailer, designed
for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight
rests upon the towing vehicle. means: a) Full Trailer, which is any motor vehicle other than a pole trailer which is
designed to be drawn by another motor vehicle and so constructed that no part of its weight, except for the towing
device, rests upon the self-propelled towing motor vehicle. A semitrailer equipped with an auxiliary front axel
(converter dolly) shall be considered a full trailer; b) Pole Trailer, which is any motor vehicle which is designed to be
being
poles, pipes, or structural members, which generally are capable of sustaining themselves as beams between the
supporting connections; or c) Semitrailer, which is any motor vehicle, other than a pole trailer, which is designed to be
drawn by another motor vehicle and is constructed so that some part of its weight rests upon the self-propelled towing
motor vehicle.
Truck means any motor vehicle designed, used or maintained primarily for transportation of commodities. any
self-propelled commercial motor vehicle except a truck tractor, designed and/or used for the transportation of property.
Truck routes means those routes which are designated by this article for the use of truck traffic commercial
motor vehicles.
3
Truck terminal means a commercial facility operated principally for the loading, unloading, storage, handling,
maintenance or repair of trucks, truck tractors, trailers, semitrailers, pole trailers, ranch trailers, shipping containers or
similar commercial motor vehicles capable of transporting freight.
Truck tractor means every motor vehicle designed and used primarily for drawing other vehicles and not so
constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. a self-propelled
commercial motor vehicle designed and/or used primarily for drawing other vehicles.
Truck traffic means the operation of any truck tractor, or any combination of a truck tractor, trailer, semitrailer,
pole trailer, shipping container or a commercial motor vehicle, but not including light trucks, boats, house trailers,
ranch trailers and utility trailers.
Utility trailer means a trailer without motive power, less than 25 feet in length.
Weight enforcement officer means 1) a license and weight inspector of the Texas Department of Public Safety;
2) 3) a municipal police officer in a municipality with a population
of 100,000 or more or 74,000 or more in a county with a population of more than 1.5 million; or 4) a police officer
certified under Texas Transportation Code Section 644.101.
Sec. 70-212. - Penalty for violation of article; culpable mental state not required in prosecution.
Except as otherwise provided in the article, the driver, owner, operator or other person operating or driving any
commercial motor vehicle truck, tractor, trailer or semitrailer, or combination of such vehicles, over, on or upon city
streets or public highways within the limits of the city who fails to comply with the provisions of this article shall be
guilty of a misdemeanor and, upon conviction, shall be fined in any sum in an amount established by the city and listed
in Appendix B of this Code. Neither allegation nor evidence of a culpable mental state is required for the proof of an
offense defined in this article.
Secs. 70-21370-230. -
Section 3
:
of the La Porte, Texas Code of Ordinances is hereby amended to read as follows:
Sec. 70-231. - Designation.
For the purposes of this division, those streets and thoroughfares within the corporate limits of the city which
are enumerated as follows are hereby designated as truck routes:
Route Extent
4
State Highway 225 Entire extent within corporate limits
(including frontage roads)
New State Highway 146 Entire extent within corporate limits
(including frontage roads)
Barbours Cut Boulevard New State Highway 146 east to corporate limits
16th Street Barbours Cut Boulevard south to Fairmont Parkway
Fairmont Parkway New State Highway 146 to west corporate limits
West Main Street New State Highway 146 to west corporate limits
North 23rd Street North Avenue C to West Main Street
Underwood Road Entire extent within corporate limits
Powell Road (S. 16 Street) Fairmont Parkway south to 1700 block of Powell Road
th
Bay Area Blvd. Fairmont Parkway to Spencer Highway
Export Drive From South 16 Street to State Highway 146
th
South 16 Street From south of Export Drive to Wharton Weems Blvd. and McCabe Road connecting with
th
State Highway 146.
North Broadway From north of Barbours Cut Blvd. to North "L" Street.
North "L" Street From west of North Broadway to North 6 Street
th
North "J" Street From North 6 Street to west connecting with State Highway 146.
th
North E Street From North 16 Street to eastern ROW of U.P.R.R.
th
North 8th Street Barbours Cut Boulevard to a point 300 feet north of the north right-of-way line of Barbours
Cut Boulevard
Sec. 70-232. - Use required generally.
5
No person shall operate a truck, truck tractor, semitrailer or container commercial motor vehicle upon any
roads, avenues, streets or thoroughfares within the corporate limits of the city except on those which are designated as
truck routes in Section 70-231 of this Code, and subject to the gross weight limits established by Division 3 of this
article. Neither shall any person operate a heavy truck traveling through the city, with no origin or destination within
the city, except on limited access state highways, i.e. State Highway 225 and State Highway 146.
Sec. 70-233. - Exception to Section 70-232: point of origin; parking of commercial motor vehicles.
(a) The provisions of Section 70-232 of this Code notwithstanding, in those instances where any truck traffic
commercial motor vehicles originating within the corporate limits of the city, shall have as its point of origin a
point located off a designated truck route, it shall proceed to the nearest point on a designated truck route by
the most direct route possible. If such truck traffic commercial motor vehicles shall originate outside the
corporate limits of the city and enter the city at a point which is not on a designated truck route, it shall proceed
to the nearest point on a designated truck route by the most direct route possible.
(b) In those cases where truck traffic commercial motor vehicles originates originate off a designated truck route,
whether inside or outside the corporate limits of the city, and the destination of the truck traffic commercial
motor vehicle is nearer the origin or point of entering the corporate limits of the city than is the nearest point
on a designated truck route by the most direct route possible, it shall not be necessary to proceed to the nearest
designated truck route.
(c) In those instances where the truck traffic has neither its point of origin or destination within the corporate
limits of the City of La Porte, its extraterritorial jurisdiction, or the corporate limits of any city adjacent to La
Porte, then such truck traffic shall only be allowed on a limited-access State Highway, i.e. State Highway 225
and State Highway 146.
(c) Commercial motor vehicles not in combination with a trailer or transporting a placarded load of hazardous
materials may travel to and park at locations off a designated truck route by taking the most direct route
possible, regardless of whether the operator of the commercial motor vehicle is loading or unloading cargo,
providing services, or seeking repairs at a legitimate repair facility, provided that the location is not in a
residentially zoned area and is at a site physically capable of accommodating customer commercial motor
vehicle parking by means of a parking facility striping plan 1) configured to allow for the safe parking of
commercial motor vehicles, and 2) approved by the Planning Department of the City in accordance with the
requirements of Section 70-237 of this Chapter.
(d) Combination commercial motor vehicles, other than vehicles transporting a placarded load of hazardous cargo,
may travel to and park at locations contiguous to and fronting a designated truck route, regardless of whether
the operator of the commercial motor vehicle is loading or unloading cargo, or seeking repairs at a legitimate
repair facility, provided that the location is at a site physically capable of accommodating customer
commercial motor vehicle parking specific to commercial motor vehicles in combination with a trailer, by
means of a parking striping plan 1) configured to allow for the safe parking of combination commercial motor
vehicles, and 2) approved by the Planning Department of the City in accordance with the requirements of
Section 70-237 of this Chapter.
Sec. 70-234. Exception to Section 70-232: loading, unloading and repair of trucks.
6
Truck traffic Commercial motor vehicles restricted to the streets designated as truck routes under Section 70-
232 of this Code may depart such truck routes when it is necessary to load or unload cargo, provide services, or seek
repairs for the commercial motor vehicle at a legitimate repair facility, at a location situated off designated truck routes;
provided, however, that such truck traffic commercial motor vehicles shall not leave any designated truck route until
such truck traffic commercial motor vehicle has reached a point on some designated truck route which is nearest the
applicable place of loading, unloading or servicing by the most direct route possible. All required loading berths and
facilities for truck repair shall be off-street and located on the same lots as the building or use to be served. After
leaving a designated truck route to load or unload, truck traffic commercial motor vehicles may continue off truck
routes to as many points of destination as necessary. If, in the course of making the necessary stops for loading and
unloading, the truck traffic commercial motor vehicles shall cross a designated truck route, then, in that event, such
truck commercial motor vehicle shall not again leave any designated truck routes until it has reached a point on some
designated truck route which is nearest to the next place of loading and unloading by the most direct route possible.
Sec. 70-235. Hazardous cargo material routes; designation.
(a) For the purpose of this division, those streets and thoroughfares within the corporate limits of the city which are
enumerated as follows are hereby designated as hazardous cargo material routes:
Route Extent
State Highway 225 Entire extent within corporate limits
(excluding frontage roads)
New State Highway 146 Entire extent within corporate limits
(excluding frontage roads)
Fairmont Parkway From Underwood Rd. to South 16 th Street
South 16 th Street From Fairmont Parkway to Wharton Weems Blvd.
Wharton Weems Blvd. From South 16 th Street to New State Highway 146
Vehicles Commercial motor vehicles transporting hazardous materials shall not depart leave and/or park off the
(a)
hazardous cargo material route, except to pick up or deliver hazardous material, provide services, or to seek repairs
for the commercial motor vehicle at a legitimate repair facility. In such cases, the vehicle shall not leave depart the
hazardous cargo material route until such vehicle has reached a point which is nearest the applicable place of
loading or unloading, provision of services, or legitimate repair facility, and shall return to the hazardous cargo
material route by the most direct route. Additionally, said vehicles commercial motor vehicles transporting
hazardous materials may not park at or travel to any location, alongside, or adjacent including locations contiguous
7
to and fronting the truck route hazardous material route, for any period of time except to pick up or deliver
hazardous material, provide services, or seek repairs for the commercial motor vehicle at a legitimate repair
facility.
Sec. 70-236. - Alternate routes.
Whenever any street or roadway designated as a truck route is under repair, or otherwise temporarily out of
use, the chief of police shall be authorized to designate alternate truck routes.
Sec. 70-237. - Location of truck terminals.
Truck terminals, as defined in Section 70-211 of this Code, shall only be located in areas directly abutting the
right-of-way of the truck routes specifically designated in Section 70-231 of this Code.
Sec. 70-237. Parking Plan for Accommodation of Commercial Motor Vehicles.
The owner or operator of any existing or proposed site in which parking is sought for accommodation of customer
commercial motor vehicles, including combination commercial motor vehicles, where the site is physically capable of safely
accommodating such vehicles, shall be required to submit to the Planning Department for approval a parking facility striping
plan as a component of a proposed site plan, or as an amending document to a previously approved (if one exists) site plan. The
applicant for the site plan or amended site plan shall be allowed the option of striping up to 15% of the required automobile
parking as dual use parking spots for the accommodation of commercial motor vehicle parking, and shall be so striped and
labeled. Such allocation shall generally be located within the parking spaces least used.
Sec. 70-238. - Lane use restrictions for trucks on portions of State Highway 225.
(a) That the findings contained in the preamble of Ordinance No. 2003-2618 are determined to be true and correct.
As evidence thereof, documents establishing the approval described in the preamble of Ordinance No. 2003-2618 have
been incorporated into this section and made a part hereof as exhibit A.
(b) That, as used in this section, the following terms shall have the meanings ascribed in this section:
Authorized lanes means the two controlled access lanes on each side of the State Highway 225 (eastbound side and
westbound side) that are most immediately to the right of the left-hand (or inner) controlled access lane.
Designated portion of State Highway 225 means that portion of State Highway 225 between the point at which the
corporate limits of the Cities of Deer Park and La Porte abut on the west and the intersection of Sens Road overpass on the
East.
Peak traffic hours means the hours between 6:00 a.m. and 8:00 p.m.
Truck means a "truck" as defined in Section 541.201 of the Texas Transportation Code that has three or more axles
or a "truck tractor" as defined in Section 541.201 of the Texas Transportation Code, regardless of whether the truck tractor
is drawing another vehicle or trailer.
Workday means Monday through Friday, holidays observed by the closure of City of La Porte offices excepted.
8
(c) Any person driving or operating a truck on the designated portion of State Highway 225 during peak traffic hours
on any workday shall not utilize any controlled access lane other than the authorized lanes.
(d) That enforcement of this section is subject to Section 545.0651 of the Texas Transportation Code, and the
prohibition established in subsection (c) of this section shall not be effective during any period of suspension or
revision of approval by the Executive Director of the Texas Department of Transportation or the director's designee as
provided in subsection (f) of Section 545.0651 or during any period when traffic control devices that are required to be
erected and maintained by the Texas Department of Transportation pursuant to Section 545.0651 are not in place, nor
shall the provisions of this section be construed to prohibit operation of a truck in a lane other than an authorized lane
for the purpose of passing another vehicle or for the purpose of entering and exiting the highway. The provisions
established under subsection (d) shall constitute defenses to prosecution under this section.
(e) Any person, as provided in Subchapter D of Chapter 542 of the Texas Transportation Code, who shall violate any
provision of this section, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not
to exceed $200.00.
Secs. 70-239 70-255. - Reserved.
Section 4
:
ows:
Sec. 70-256. - Enumeration.
Except as otherwise provided by law, no commercial motor vehicle truck-trailer, trailer or semitrailer, nor
combination of such vehicles shall be operated over, on or upon the public streets and highways within the corporate
limits, having a weight in excess of one or more of the following limitations:
(1) No such vehicle nor combination of vehicles commercial motor vehicle shall have a greater weight than 20,000
pounds carried on any one axle, including all enforcement tolerances; or a tandem axle weight in excess of
34,000 pounds, including all enforcement tolerances; or an overall gross weight on a group of two or more
consecutive axles in excess of that produced by application of the following formula:
W = 500 LN ) + 12N ° 36
(
N-1
where W equals overall gross weight on any group of two or more consecutive axles to the nearest 500 pounds, L
equals distance in feet between the extreme of any group of two or more consecutive axles, and N equals number of
axles in group under consideration, except that two consecutive sets of tandem axles may carry a gross load of
34,000 pounds each, providing the overall distance between the first and last axles of such consecutive sets of
tandem axles is 36 feet or more; provided, however, that such overall gross weight may not exceed 80,000 pounds,
including all enforcement tolerances.
(2) No such vehicle nor combination of vehicles commercial motor vehicle shall have a greater weight than 600
pounds per inch width of tire upon any wheel concentrated upon the surface of the highway and using high-
pressure tires, and a greater weight than 650 pounds per inch width of tire upon any wheel concentrated upon
9
the surface of the highway and using low-pressure tires, and no wheel shall carry a load in excess of 8,000
pounds on high-pressure tires and 10,000 pounds on low-pressure tires, nor any axle a load in excess of 16,000
pounds on high-pressure tires, and 20,000 pounds on low-pressure tires.
(3) Nothing in this section shall be construed as permitting size or weight limits on the national system of
interstate and defense highways within the corporate limits of the city in excess of those permitted under 23
USC 127. If the federal government prescribes or adopts vehicle size or weight limits greater than those
prescribed by 23 USC 127 for the national system of interstate and defense highways, the increased limits shall
become effective on the national system of interstate and defense highways within the corporate limits of the
city.
(4) In this section, an axle load is defined as the total load transmitted to the road by all wheels whose centers may
be included between two parallel transverse vertical planes 40 inches apart, extending across the full width of
the vehicle. Tandem axle group is defined as two or more axles spaced 40 or more inches apart from center to
center, having at least one common point of weight suspension.
(5) Any police weight enforcement officer, having reason to believe that the gross weight or axle load of a loaded
motor vehicle is unlawful, is authorized to weigh the vehicle by means of portable or stationary scales
approved by the police department of the city for such use, or the police weight enforcement officer may cause
the loaded motor vehicle to be weighed by any public weigher and may require such vehicle to be driven to the
nearest available scales for the purpose of weighing. If the gross weight of a vehicle weighed pursuant to this
subsection, is found to exceed the maximum gross weight authorized by law, plus a tolerance allowance of five
percent of the gross weight authorized by law, such police weight enforcement officer shall demand and
require the operator or owner of the motor vehicle to unload, or cause to be unloaded, such portion of the load
as is necessary to decrease the gross weight of such vehicle to the maximum permitted by law, plus such
tolerance allowance. Such vehicle may not be operated further over the public streets and highways within the
city until the gross weight of the vehicle has been reduced to a weight not in excess of the maximum
authorized by law plus such tolerance allowance, except as authorized under this subsection. If the axle load of
a vehicle weighed pursuant to this subsection, is found to exceed the maximum authorized by law, plus a
tolerance allowance of five percent of the axle load authorized by law, such police weight enforcement officer
shall demand and require the operator or owner of the motor vehicle to decrease the axle load to the maximum
authorized by law plus such tolerance allowance. The owner or operator may reduce such load by rearranging
the cargo, if possible, or by unloading or having others to unload such portion of the cargo as is necessary to
decrease the axle load to the maximum authorized by law, plus such tolerance allowance. Such vehicle may
not be operated further over the public streets and highways within the city so long as any axle load exceeds
the maximum authorized by law plus such tolerance allowance except as authorized under this subsection. If
the load of a motor vehicle consists of livestock, the operator shall be permitted to proceed to the destination
without unloading providing the destination is within the state. If the gross weight of a motor vehicle or an axle
load exceeds the maximum permitted by law, plus a tolerance of five percent of the gross weight authorized by
law, but the police weight enforcement officer believes that the cargo cannot be unloaded or rearranged safely
at the place where such vehicle was weighed, or the police weight enforcement officer believes that the
unloading or rearranging of the cargo at such place would create an unreasonable disruption of traffic, he shall
require the operator to proceed to a location where the cargo can be unloaded or rearranged safely without
causing disruption to traffic. Such location shall be the nearest such place on city property, or property under
10
the control of the driver or his principal, or on property where consent has been given for such loading and
where it is feasible to unload or rearrange such cargo.
Section 5
. 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 FIVE HUNDRED DOLLARS ($500.00).
Section 6.
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 7
. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such
conflict only.
Section 8.
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 9
. 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
By:
Louis R. Rigby, Mayor
ATTEST:
11
City Secretary
APPROVED:
Assistant City Attorney
12
Proposed CMAQ and Roadway Improvements Fairmont Parkway
Scope of Work: The project includes the installation of 8.5 miles of fiber optic cable providing
th
communication across various traffic devices along Fairmont Parkway from Beltway 8 to 7 Street.
There will be a total of (2) two proposed signal installation, (8) eight signal rebuilds, (4) four signal
modifications, (14) fourteen left-turn lane installations / modifications, various signal timing changes,
and (1) one major intersection modification at SH 146 @ Fairmont Parkway. These improvements will
improve the efficiency and relieve congestion at critical intersections, add capacity in much needed
areas and improve air quality.
If both County and City agree upon a funding cap and de-scoping is required, then priority will be placed
on roadway, communication, and signal improvements at intersections between the railroad grade
th
separation and 7 Street (the eastern portions of the proposed project).
Funding:
The project will be funded through two mechanisms:
1)Federally-funded effort with 80/20 Local Participation of Construction
2)Roadway Improvements that are 100% Local Participation
HGAC Federal Portion Roadway Total Local Share
Total Federal Project Local Share 100% Local
Design $706,000 $706,000 $250,000 $956,000
Construction $4,334,550 $866,910 $1,565,000 $2,431,910
$3,387,910
Total Project Value Federal $5,040,550
Total Project Value Roadway Work $1,815,000
Total Value of Improvements $6,855,550
Total Local Share $3,387,910
Proposed La Porte Share $1,000,000 minimum or 40% of Local Share of
Construction
Proposed Harris County Share $2,387,910
Construction Begins: 3 rd./4 th
TxDOT Review & Let:
TIP Award 2 nd
rdst
Design: 3 Qtr 15 to 1 Qtr 16
ndrd
Qtr. 16
2 to 3 Qtr 16
Qrt 2015
Council Agenda Item Council Agenda Item
May 11, 2015 May 11, 2015
10.ADMINISTRATIVE REPORTSADMINISTRATIVE REPORTS
La Porte Development Corporation Board Meeting, Wednesday, May 13, 2015La Porte Development Corporation Board Meeting, Wednesday, May 13, 2015
Memorial Day Observed, Monday, May 25, 2015Memorial Day Observed, Monday, May 25, 2015
Planning and Zoning Commission Meeting, Thursday, May 21, 2015Planning and Zoning Commission Meeting, Thursday, May 21, 2015
Zoning Board of Adjustment Meeting, Thursday, May 28, 2015Zoning Board of Adjustment Meeting, Thursday, May 28, 2015
regarding matters appearing on the agenda; recognition of community regarding matters appearing on the agenda; recognition of community
11.COUNCIL COMMENTSCOUNCIL COMMENTS
members, city employees, and upcoming events; inquiry of staff regarding specific factual information members, city employees, and upcoming events; inquiry of staff regarding specific
factual information
or existing policies or existing policies Councilmembers Moser, Kaminski, Zemanek, Leonard, Engelken, Earp, Councilmembers Moser, Kaminski, Zemanek, Leonard, Engelken, Earp,
Clausen, Martin and Mayor RigbyClausen, Martin and Mayor Rigby
12.ADJOURNADJOURN
The City Council reserves the right to meet in closed session on any agenda item should the need The City Council reserves the right to meet in closed session on any agenda item should
the need
arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas
Government
Code (the Texas open meetings laws).Code (the Texas open meetings laws).
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