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04-25-11 Regular Meeting of the La Porte City Council
REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: May 25, 2011 Budget Requested By: David Mick Source of Funds: AIR 618 Department Public Works Account Number: 010 - 9891 - 618 -1100 Report: Resolution: Ordinance Amount Budgeted $100,000 Exhibits: Bid Tabulation Amount Requested: $ 57,143 Exhibits: Bidders list Budgeted Item: yes Exhibits SUMMARY & RECOMMENDATION Council approved reimbursable matching grant funding through the Texas Department of Transportation Aviation Division for the replacement of fencing along the south side of the La Porte Municipal Airport at the January 10, 2011 meeting. The project was estimated not to exceed $100,000 of which 50 percent would be reimbursed to the City of La Porte. The Airport Fence Replacement project consists of replacing approximately 4,060 feet of fence and five gates along the south side of the airport adjacent to Spencer Highway and changing the location of the fence approximately 20 feet to the north to allow for future sidewalk installation. Advertised sealed bid # 11019, Airport Fence Replacement was opened April 12, 2011. Requests for bids were sent to forty six (46) Contractors. Bids were received from fifteen (15) Contractors with Brazos Fence being the low bidder at $54,143.00. References were checked for quality of work and timeliness in completion of previous projects. Staff recommendation Award the bid to low bidder Brazos Fence for $54,143.00.00 to replace the fence and five gates along the south side of the La Porte Municipal Airport. Action Required by Council: Authorize the city Manager to execute a contract with Brazos Fence Co. for $54,143.00 to replace the fen - an ' five gates at the La Porte Municipal Airport and $3,000 contingency. A At for Ci 1, I uncil A enda ci bob/ Ron Bottoms qty Manager Date $, % At M d 2 S. �o 2 4 u . $ w r of � r at � . $, % 0 0 s, �- q, 41 1 Z v W N 0 6 0 u. 0 o N crl N V> p o t-_ N � w d, a� o Z <, c+ CL W O 'i t- W ZQ w 0, W l o. a6 rn, % q t- m m a . W 2 0 0 c N W a r r N. N V w h "31 O' W N 11 N m 0, Z d W ` r ~ c l►! 0 0 N U r a 0 g S to 0 q r G W Z Z 2 N p ci U.1 v ,- , r- i 0 w IA j M w 0 CL. O 2 . s o 0 `3 r N o ,.. c qk lb o u- o `w Z m 7 $. $ o I= 4 s g 4 m O N. % U N i ' O p o 0 1.- p 0, O pp . m C T M 0 4 u . 2 m, . M K g o o St n q, O 1 q• oym2 `"' W a w m d 92 rn O m 3 O d 1.-- c. 0 N r�` R Tis W G % d 1 ) N ID a d-*° BIDDERS LIST Sealed Bid #11019 - Airport Fence Replacement A -1 American Fence, Inc Brooks Fence Company 701 East Lutcher Dr 4018 Allen Genoa Rd Orange, TX 77632 Pasadena, TX 77504 A & A Fence & Iron Burr Ridge Fence Co. Inc 7519 Glen Falls St 240 Wiggins Rd Houston, TX 77049 Wallisville, TX 77597 AAA Fence Company C 5 Construction Inc 9610 Brown Ln 1669 Spell Ln Austin, TX 78754 Lumberton, TX 77657 ABR, Inc Metal Works C & C Fence 211 Gilpin St 931 Crenshaw Houston, TX 77034 Pasadena, TX 77504 Alamo Fence Company C & C Fence Corp 16221 Aldine Westfield Rd PO Box 75103 Houston, TX 77032 Houston, TX 75103 Amber Fence & Supply Co Inc Central Oklahoma Fence 12239 Mosielee St 8177 Skyline Dr Houston, TX 77086 Blanchard, OK 73010 Ameristar Fence Products Commercial Fence Company 1555 North Mingo Rd 2833 Westside Tulsa, OK 74116 Pasadena, TX 77502 Amtek Construction Rent -A- Fence, Inc HUB VENDOR 4001 Sherwood 102 S Main St Houston, TX 77092 Thrall, TX 76578 Anchor Fence Delta Specialty Contractors 803 E Whitney PO Box 6010 Houston, TX 77376 Monroe, LA 71211 Aztec Remodeling & Landscaping Co Dow Fence Company, Inc HUB VENDOR PO Box 594 1802 Preston Seabrook, TX 77586 Pasadena, TX 77503 Bison Fence LLC FGM General Contractors & Construction, 4043 Buckingham Ln 2704 Water Oak Dr Tomball, TX 77375 Grand Prairie, TX 75052 Brazos Fence & Iron, Inc Fenceline Systems, Inc 6307 Nyoka 14007 Force St Houston, TX 77041 Houston, TX 77015 GW Phillips Construction, Inc Onvia, Inc 117 Oates Rd 509 Olive Way #400 Houston, TX 77013 Sealttle, WA 98101 Goldsmith Fencing, LLC Pasadena Fence Co 2598 CR 119 2722 -A Dedman Baird, TX 79504 Pasadena, TX 77503 Gulf Fence Company Pecos Fence Inc HUB VENDOR 1071 N Highway 288 B 5220 Leonhardt Clute, TX 77531 San Antonio, TX 78233 Gulf South Fence & Access Sav -On -Fence 11106 E Sam Houston Pkwy North Houston 11830 Knotty Pine Tr Houston, TX 77229 Houston, TX 77050 HRE Inc San Marcos Group, LLC PO Box 2132 219 W Nakoma Fredricksburg, TX 78624 San Antonio, TX 78216 Harrison Fence Company Sigma Construction 240 Crescent Dr 2016 Harold St Pasadena, TX 77506 Houston, TX 77098 Homestead Contracting Services, LLC Stay -Tuff Fence Mfg., Inc 2291 S Higley Rd 1409 FM 1101 Gilbert, AZ 85295 New Braunfels, TX 78130 Houston Fence Company, Inc Texas Fence & Iron Company 13300 Murphy Rd 8660 Taub Rd Stafford, TX 77477 Houston, TX 77064 Hurricane Fence Company The Fence, Deck & Patio Co PO Box 29 1505 Neptune Harlingen, TX 78551 Houston, TX 77062 ISQFT and Houston AGC Planroom US Fence & Gate, Inc 3825 Dacoma St 6612 hwy 10 West Houston, TX 77092 Orange, TX 77632 National Fence Co Western Fence Company, Inc 14802 Willis St PO Box 62568 Houston, TX 77039 Houston, TX 77205 Houston Chronicle Publish Dates: March 24, 2011 March 31, 2011 C REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: April 25, 2011 Source of Funds: GEN 957 Requested By: Julian Garza Account Number: GEN 957- 050- 9892 - 957 -1100 Department: Planning Amount Budgeted: $700,000.00 Report: X Resolution: _ Ordinance: _ Amount Requested: $312,988.11 Exhibit: Unit Bid Tabulation Budgeted Item: X YES _NO Exhibit: Consulting Engineer Recommendation SUMMARY Advertized, sealed bid number 11020 — Brookglen Detention Ponds bids were opened and read on April 5, 2011. The City received bids from seven vendors. The low bid meeting specifications was submitted by Paskey, Inc. in the amount of $298,083.91. The project consists of construction of two detention ponds totaling approximately 25,000 cubic yards with concrete pilot channels, drainage improvements including new manholes, connections, and installation of approximately 800 linear feet of 24- inch reinforced concrete storm sewer pipe and surface restoration. The work includes driveway and sidewalk replacement, new outfalls into Ditch Channel Unit No. B112-00-00 and B112-02-00 and other related improvements and restoration. The Project is located in the Brookglen Subdivision on Somerton Dr. and Bandridge Dr. Staff recommends award of contract in the amount of $298,083.91 to the low bidder, Paskey, Inc. Staff also recommends authorizing a 5% contingency equal to $14,904.20 for a total authorized amount requested of $312,988.11. Action Required by Council: Authorize the City Manager to enter into contract with Paskey, Inc. in the amount of $298,083.91 and further authorizing a 5% contingency of $14,904.20• for a total amount of $312,988.11 for construction of two detention ponds in Brookglen Subdivision. A l s r i■Q.r or C't ouncil A. enda 7FA q 41,4 Ron Bottoms, City Manager Date HP - o a d U 4 m 0 g m` 111111111111k p p - - - - - - - - - - - - - - - - - - - - _ Ali 8 8 - . . .. .. .. .. . . .• •. '. .. •. I� H H 9 a` - - - pp p N c •� - - _ - _ - _ - N - N N R 8 11111011111110-1 I CC ni - - - yo - �o n C N a °8 ,. e o r 8g 1111110111161111 00 � 08000000000000008000000000000000 8 1 : !i H m - E m c L 'aF 0 m L 'm c a v o 1° a I ^ `o 0 E £ o �i :? v 3 T = ; '� U c c° $ 2 _ _ g M n O HI( 4 LL Q U _a d � �°' � v vLLY m u � w� m� o ! n a u m x N A � a E u m ' A w E _ '`' m U ¢¢ 2 U C o; i m w U a m i v° -m c m w c a m m m ` ,, ,� __ s g E 2 " a m 2 i H - LL g m o 1 H n `! `° U- m � _ c c z N o m =_ m °° � o¢¢� w o m w¢ N ��¢ q ¢ o¢ t m L L we n a QT m � sip , ; o � a _ it i � � aA F ¢$ L o a 8_ $ q m m e v w m ? ° N a iO °1 o m m m 8' 1 ° _ 1p - 2 '- ti¢ `o IM l 2 d a m c' a E E m = N o E yy: E U o y c c E t c E m E c ' W z U °m 1° C7 N H H= LL Q N N 2¢ w 7 Q N¢ a U U Q ILL y 2 U U¢¢ U¢ to ¢ U 1- z I� r= a (� w w Z E -N �n Q�n �o nooa °...NnQ�n �onwa,o Q�n �c aoN O�^,�nnnnnnnn 4 N N N N N N N N Q V -' Q klotz 1160 Dairy Ashford, Suite 500 Houston, Texas 77079 T 281 589 7257 F 281 589 7309 houston.office @klotr.com April 7, 2011 • Mr. Julian Garza, Jr., Y.E. Senior Engineer City of La Porte 604 W. Fairmont Parkway La Porte, Texas 77571 Re: Brookglen Detention Ponds La Porte Bid No. 11020 Klotz Associates Project No. 0127.013.000 Dear Mr. Garza: The City of La Porte received bids for the above referenced project on April 5, 2011. Seven (7) bids were received, opened and analyzed. We have reviewed all seven (7) bids. There were minor discrepancies between the multiplication of unit price and quantities for the three (3) of the highest bidders and the apparent low bidder. None of these discrepancies were substantial enough to affect the order of bidders from low to high. All of the bids were determined to be responsive based on completeness. The low bidder was Paskey, Inc. The Paskey bid as written is $298,053.91 for both the base bid and the alternate bid totals. The discrepancy in the Paskey bid was in bid item 37, Native Shrubs in the unit price. The figure used was $99.07 with a resulting total of $10,204.21. However, the written amount for the unit price was $999.00 resulting in a total of $102,904.21. In the Instructions to Bidders, Article 16.2 states that "discrepancies between words and figures will be resolved in the favor of the words ". We had multiple phone conversations and received written verification from Mr. Paskey stating that his intention was $99.07 for the unit price and he would honor the total written price of $298,053.91 for the project. There is also a small mathematical error of $30.00 concerning the total bid price as shown on Paskey's bid form. The correct total bid price should be $298,083.91 which is an increase of $30.00 from the total shown on the submitted bid form. We have compared the Paskey bid to the other bids and the difference in his total bid price is a cumulative effect of his unit prices being lower on basically all items in the bid. Mr. Paskey is satisfied with his total bid price and with using the unit price of $99.07 for bid item 37. • klotz4 )associates Mr. Julian Garza, Jr., P.E. April 7, 2011 Page 2 of 2 A bid tabulation showing all of the bids received and the opinion of probable construction cost prepared by Klotz Associates is attached. The bid forms all appear to be responsive. The mathematical errors do not impact bidder placement. We are familiar with Paskey, Inc. as they have constructed projects we have designed. Additionally, Paskey is currently performing a project for the City of La Porte. Klotz Associates recommends award of the contract to Paskey, Inc. for a total cost of $298,083.91. Please contact us if you have any questions or require any additional information. Sincerely, 4 Steve Stacy, P.E. Department Manager SS:ng Attachment F REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 25, 2011 Appropriation Requested By: Stephen L. Barr Source of Funds: N/A Department: Parks & Recreation Account Number: Report: X Resolution: i Ordinance: Amount Budgeted: Exhibits: Center Point License Agreement Amount Requested: Exhibits: Letter from Winstead attorney Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION In December 2009, the City of La Porte began negotiations with CenterPoint Energy for an easement to construct a proposed bicycle - pedestrian pathway between the new Pecan Park and the Brookglen community. The easement is necessary to connect the park with the Brookglen subdivision across the CenterPoint power line corridor. CenterPoint Energy has stated that no easement will be granted and has proposed a license agreement instead. In consultation with the City Attorney and the City Council at the last City Council meeting, direction was provided to move forward with a License Agreement in lieu of an easement. The attached License Agreement is the result of final negotiations with CenterPoint Energy to refine and clarify some terms in the Agreement. The License Agreement is for a period of ten years and the City reserves the right to terminate the agreement, as does CenterPoint. Action Required by Council: Consider approval or other action authorizing the City Manager to execute a License Agreement for use of 0.0344 acres of land belonging to CenterPoint for a proposed bicycle - pedestrian trail between Pecan Park and t = : roo ' _ len community as described in the metes and bounds in said agreement for a period of ten ye. , by the ' ity of La Porte. • • ro f Cit licit A • enda sfAk Ron Bottoms, City Manager Date askins & askins P.C. ATTORNEYS and COUNSELORS Knox W. Askins Clark T. Askins May 5, 2011 Ms. Patrice Fogarty City Secretary City of La Porte Re: City of La Porte Pedestrian & Bicycle Trail License Agreement Dear Patrice: I enclose three (3) fully executed copies of the License Agreement for Pedestrian & Bicycle Trail, between CenterPoint Energy and the City of La Porte. Please certify one copy and return to me, for recording in the Harris County Clerk's Office. The other two copies are for the City's permanent records. By copy of this letter, I am requesting Michael Dolby, Director of Finance, to remit $250.00 annual inspection fee, directly to CenterPoint Energy, as follows: CenterPoint Energy ATTN: Surveying & ROW Department (L75987) 1111 Louisiana Street Houston, TX 77002 Also, please tickler your files to pay the sum of $250.00 each year, on or before April 25th. Yours very truly, 40 Knox W. Askins City Attorney City of La Porte KWA:sw Enclosure cc: Ron Bottoms, City Manager Traci Leach, Assistant City Manager Stephen Barr, Director of Parks & Recreation Michael Dolby,Director of Finance Tim Tietjens, Director of Planning 702 W. Fairmont Parkway, P.O. Box 1218, La Porte, TX 77572 -1218 281.471.1887 phone 281.471.2047 fax • knoxaskins @comcast.net • ctaskins @swbell.net askins & askins P.C. ATTORNEYS and COUNSELORS Knox W. Askins Clark T. Askins May 19, 2011 Ms. Patrice Fogarty City Secretary City of La Porte City Hall La Porte, Texas Re: CenterPoint \ City of La Porte License Agreement Pedestrian & Bicycle Trail Dear Patrice: I enclose herewith for the City's permanent real estate records, a certified copy of License Agreement between CenterPoint Energy Houston Electric, LLC, and the City of La Porte, dated April 25, 2011. This certified copy was recorded in the Office of the Harris County Clerk on May 10, 2011, under Harris County Clerk's File No. 2011- 0189305. Yours ver truly, Kno . Askins City Attorney City of La Porte KWA:sw Enclosure 702 W. Fairmont Parkway, P.O. Box 1218, La Porte, TX 77572 -1218 281.471.1887 phone • 281.471.2047 fax • knoxaskins @comcast.net • ctaskins @swbell.net 05/1C1/201 1 RP $208 nr 1/ 1 (/) OF ,� CITY OF LA PORTE _ �C OFFICE OF THE CITY SECRETARY Patrice Fogarty, TRMC f_garty la rtetx.gov Cji -- � 604 W. Fairmont Parkway Phone: 281- 470 -5019 kAzczO, La Porte, Texas 77571 Fax: 281- 470 -5009 THE STATE OF TEXAS § § CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF HARRIS § I hereby certify in the performance of the functions of my office that the attached License Agreement Pedestrian & Bicycle Trail by and between CenterPoint Energy Houston Electric, LLC and \.._ the City of La Porte is a true and correct copy as same appears of record in my office, and that said I License Agreement Pedestrian & Bicycle Trail is an official record from the office of the City Secretary, ti ` City of La Porte, Harris County, State of Texas, and is kept in said office. I F I further certify that I, Patrice Fogarty, am the City Secretary of the City of La Porte, have legal " custody of said records, and that said records are official records from the City Secretary's office, and N that I am the lawful possessor and keeper of the records for the City of La Porte. r v. I In witness whereof I have hereunto set my hand and affixed the official seal of said office this 6 day of May, 2011. ...WO r j / ./ ✓� t � 0 — ► � i Patrice Fogarty, Cit t Secreta' 0 • 1\ ! City of La Porte, Texas ) l if 4 4. Cal ,abfr SROW# 75987 L 7s987 described and depicted in EXHIBIT "B" attached hereto and incorporated herein by reference, and is not to exceed ten (10) feet in total width, which shall be comprised of up to eight (8) feet in width for the primary trail and one (1) foot of sloped subgrade cement stabilized sand on each side of the surface trail. In accordance with the specifications described and depicted in EXHIBIT "B," Licensee shall also, and at all times, maintain thirty -six (36) inches of vertical clearance from the top of all pipelines to the lowest point of stabilized sand for all pipelines located within the Property. Licensee's and the public's use is expressly limited to biking, hiking, roller - skating, walking, dog walking, roller blading, skateboarding, and similar activities, only on the surface of the Pedestrian and Bicycle Trail. All other activity on the Pedestrian and Bicycle Trail, including, but not limited to kite flying, recreational sports, picnicking and other recreational activities provided for under §75.001(3) of the Texas Civil Practice and Remedies Code are strictly prohibited. This License does not extend to the use of any of Licensor's facilities located on the Property. This trail is expressly intended for the above - enumerated uses, and use of non - motorized bicycles. Motorcycles, all terrain vehicles or any other motorized vehicles are strictly prohibited. It is understood that construction and/or installation of the Pedestrian and Bicycle Trail shall not commence until plans for same have been approved in writing by Licensor, such plans to be prepared at Licensee's sole cost and expense and in conformance with the terms of this Agreement. Licensee further shall not place any structures, piles or debris, or change the level of the ground by excavation or mounding without Licensor's express prior written consent. 3. Term and Consideration. In consideration for this License, Licensee shall pay Licensor an annual inspection fee of $250.00 due on the first day of each annual term. Should any y additional inspections be necessary, as determined by Licensor, to determine Licensee's compliance or non - compliance with the terms of this Agreement, Licensee shall reimburse Licensor $100 per hour for actual time worked, plus applicable equipment or vehicle costs. n This Agreement shall be for a term of ten (10) years (the "Initial Term ") commencing on the Execution Date. Upon expiration of the Initial Term, this Agreement will automatically be renewed on the same terms and conditions, on a year -to -year basis, or until terminated by either party hereto as set forth in this Agreement (the Initial Term, together with any such annual renewals, is herein referred to as the "Term "). 4. Termination. Licensor, may terminate this Agreement at any time if, in Licensor's sole discretion, Licensor determines that certain events beyond Licensor's reasonable control would make it impossible, impractical, or of unreasonable expense for Licensor to perform this Agreement, including but not limited to: interruptions of Licensor's utility services or damage to Licensor's towers, facilities or related appurtenances, fires, epidemics, floods, storms, heavy rains, hurricanes, tornadoes, ice or hail stories, explosions, war, terrorist acts, riots, court orders, acts of superior governmental or military authority, material changes in industry practices, standards or customs, or acts or rulings by the Public Utility Commission of Texas or any other federal, state or local agency having regulatory jurisdiction or other authority over Licensor. In the event of Licensor's termination under this Paragraph, Licensor shall provide Licensee notice of termination as soon as is practical under the circumstances; however, in no event shall Page 2 of 14 SROW# 75987 L 759g Licensor's issuance of notice of termination, or Licensee's receipt of such notice, be a pre- requisite or a condition precedent to Licensor's right of termination as contemplated herein. 4A. Termination by Licensee. Licensee may terminate this Agreement at any time, if, in Licensee's sole discretion, Licensee determines that certain event beyond Licensee's reasonable control would make it impossible, impractical, or of unreasonable expense for Licensee to perform this Agreement. Licensee shall provide Licensor sixty (60) calendar day notice of termination. 5. Notice of Default & Termination. Without waiver or limitation of Licensor's rights under Section 4 and provided that this Agreement has not otherwise terminated under Section 4, Licensor, at its option, may provide Licensee written notice specifying any default by Licensee in the performance of the terms and conditions of this Agreement. Unless otherwise agreed to in writing by the Parties, Licensee shall have thirty (30) calendar days from the date such notice is sent to cure any default specified by Licensee. Failure by Licensor to notify Licensee of a default under this Agreement or exclusion or omission of any item(s) of default in any notice sent to Licensee by Licensor shall not operate as a waiver of default by Licensor or otherwise impair Licensor's rights and remedies under this Agreement or as otherwise available by applicable law. In the event Licensee fails to cure such default with said 30 -day period, provided that this Agreement has not otherwise been terminated under Section 4, upon the expiration of said 30 -day period, Licensor, at its option, may terminate this Agreement by written notice to Licensee. 6. Right of Removal of Trail and Related Appurtenances. Subject to Section 12 below, Licensee shall have the right to remove the Pedestrian and Bicycle Trails and related 41 appurtenances placed on the Property prior to termination of this Agreement. 7. Safety and Security. Licensee shall be solely responsible for maintaining peace and order utilizing Licensee's Police Department upon the Property and shall prevent any nuisances in or upon or connected with the Property. In accordance with Texas Utilities Code §251.001, prior to any construction activities, Licensee or Licensee's contractor shall contact the appropriate utility locating service to identify all underground utilities and pipelines. Licensee shall trim and maintain any vegetation approved by Licensor to ensure all areas surrounding the Pedestrian and Bicycle Trail remain visible to the users of the Property. Licensee and its agents, contractors and subcontractors shall be aware of and, at Licensee's sole cost and expense, comply with all federal, state and local rules and regulations which govern work near power lines including, but not limited to, Occupational Health and Safety Administration (OSHA) guidelines and Chapter 752 of the Texas Health and Safety Code. Licensee agrees to include a requirement in its contracts with contractors performing work under this Agreement that such contractors will be responsible for damage to Licensor's structures and facilities, including, but not limited to, overhead power lines, underground pipelines, and underground fiber optics telecommunication lines, and shall promptly reimburse Licensor all reasonable costs to repair such facilities. 8. Licensor's Access. Licensor and its authorized agents shall have the right to enter the Property at any time for any purpose for its full enjoyment and dominant use. Licensor, its contractors, assignees or other licensee, retain the superior right to enter upon and fully use the Page 3 of 14 SROW# 75987 L 759g7 Property for any purpose, including, but not limited to, inspecting, maintaining, installing, removing or replacing electrical distribution and transmission facilities, PCS cell sites /telecommunication lines and equipment, pipelines, or other utilities or facilities. It is understood that from time to time entry will be necessary for inspection, maintenance, and work upon Licensor's facilities located upon the Property and, on such occasions, Licensor may in its sole discretion determine that it is necessary to close all or portions of the Pedestrian and Bicycle Trail and prohibit the public from using same. This License is not exclusive, and Licensor, its employees, agents, contractors, representatives, and others whom it may license, may for any purpose go upon the Property, make improvements upon the Property and make changes in the location of or additions to Licensor's facilities located thereon without payment of compensation to Licensee, and without liability for any damage to Licensee's facilities, including but not limited to, Pedestrian and Bicycle Trail, approved vegetation, or for any interruption of use of the Pedestrian and Bicycle Trail. 9. Future Construction. Licensor has expressed intentions and hereby notifies Licensee of plans to build upon and expand its facilities on the Property or to allow third - parties to build or expand their facilities on or under the Property. Licensor hereby retains the right to revoke or temporarily suspend the License if and when such construction or expansion takes place. Licensor is not responsible for any repairs to Licensee's improvements as a result of construction or maintenance activities, or as a result of those activities conducted by contractors or another entity licensed to use said Property. 10. Existing Easement Holders and Lessees. Prior to construction, use, and maintenance of the Pedestrian and Bicycle Trail, Licensee and its contractors shall observe and comply with, at Licensee's sole cost and expense, all notification laws as required by the Underground Facility Damage Prevention and Safety Act, also known as "One Call" or "Call Before You Dig," when working in or near the Property, and Licensee shall provide written notice to any and all easement holders and lessees whose interest affects the Property, with a copy of such notice to the Licensor. Licensee and its contractors shall comply with any and all safety codes and laws that apply when working along, within and /or near the Property, as well as the requirements of any easement, lease or other interest or requirement affecting the Property. In like manner, prior to construction of the Pedestrian and Bicycle Trail on the Property, Licensee shall obtain written consent from any easement holder, lessee or any other party whose interest affects the Property and whose easement, lease or other instrument requires written consent of Licensee's use of the Property and shall further deliver copies of such consents to Licensor prior to commencing construction. Licensee shall be solely responsible for compliance in all respects with the requirements of any easement, lease or other requirement or interest affecting the Property to the extent any such interest affects the Property, the License, the Pedestrian and Bicycle Trail or any other right of Licensee under this Agreement. To the best of Licensor's actual knowledge, without any duty of inquiry or investigation, the current easement holders or lessees located within the Property include but are not limited to: Marathon Pipeline; Shell Pipeline; Buckeye Pipeline; Kinder Morgan Pipeline; BP Pipeline; Teppco Pipeline; and Chevron Pipeline. NOTWITHSTANDING THE IMMEDIATELY PRECEDING SENTENCE, LICENSEE ACKNOWLEDGES AND AGREES THAT LICENSEE IS NOT RELYING ON ANY REPRESENTATION, WARRANTY OR STATEMENT OF ANY KIND BY LICENSOR TO IDENTIFY ANY EASEMENTS, LEASES OR OTHER REQUIREMENTS OR Page 4 of 14 SROW# 75987 L 71'87 INTERESTS THAT AFFECT THE PROPERTY AND LICENSEE FURTHER ACKNOWLEDGES AND AGREES THAT LICENSEE SHALL BE SOLELY RESPONSIBLE FOR IDENTIFYING ANY AND ALL SUCH EASEMENTS, LEASES OR OTHER REQUIREMENTS OR INTERESTS AND COMPLYING WITH THE REQUIREMENTS OF ANY SUCH EASEMENTS, LEASES OR OTHER REQUIREMENTS OR INTERESTS. 11. Acceptance of Premises. LICENSEE ACKNOWLEDGES AND AGREES THAT IT HAS FULLY INSPECTED THE PROPERTY AND ACCEPTS THE PROPERTY "AS IS," "WHERE IS" AND IN ITS PRESENT CONDITION AS SUITABLE FOR THE PURPOSES FOR WHICH IT IS LICENSED. Licensee shall not make or cause to be made any improvements to the Property other than as approved by Licensor in advance, in writing, and then only at the sole cost and expense of Licensee. 12. Condition upon Termination. Upon termination of this Agreement by either Party, Licensee shall surrender the Property to the Licensor in the same condition as received except for ordinary wear and tear. In addition, Licensor may require Licensee to remove any improvements made to the Property by Licensee prior to the termination of this Agreement and to restore the Property to its condition immediately prior to construction of the Pedestrian and Bicycle Trail, at Licensee's sole cost and expense. All improvements not removed by Licensee shall, at Licensor's request and in Licensor's sole discretion (i) become Licensor's property at no cost or I „! expense to Licensor, or (ii) be removed by Licensor, and Licensee shall reimburse Licensor 110% of the cost and expense of having the improvements removed from the Property. Licensee shall pay such amount to Licensor within thirty (30) calendar days of receipt of Licensor's invoice. 13. Assignment And Subletting. The License is personal to Licensee and may not be sold, transferred, assigned or sublet. Any purported transfer or assignment shall be null and void ab initio and of no force or effect. It is the intention of this Agreement not to confer benefits, rights, or privileges on any person or entity other than Licensor and Licensee. No businesses, buildings, or other facilities, other than an improved Pedestrian and Bicycle Trail in accordance with this Agreement shall be permitted to be installed upon the Property. I 14. Construction Requirements. All construction and ongoing maintenance activities approved by Licensor shall conform to the "Specification for Construction on CenterPoint Energy Property,” #007 - 231 -79, attached as EXHIBIT "C" to this License and made a part hereof. If any mechanics' or materialmens' lien is filed against the Property for works claimed to have been undertaken for or on behalf of Licensee, whether such lien relates to the initial construction of the Pedestrian and Bicycle Trail or Licensee's ongoing maintenance obligations hereunder, Licensee, at its sole cost and expense, shall discharge and obtain and record a release of any such lien within thirty (30) days of such lien being filed, or shall provide a bond for such lien in compliance with all applicable laws and deliver to Licensor evidence of such release or bond. If Licensee shall fail to obtain a release or bond for any such lien, Licensor may, at its option, discharge the same and Licensee shall reimburse Licensor for the cost thereof, together with associates costs and reasonable attorneys' fees, within thirty (30) days of being invoiced by Licensor. Page 5 of 14 SROW# 75987 L 75987 15. Maintenance of the Property. Licensee, at its sole cost and expense, at all tunes during the term of this Agreement, agrees to keep clean and maintain to Licensor's satisfaction, and in compliance with all applicable laws, regulations or requirements, the entire Property and all improvements which may be placed or erected on the Property by Licensee. Licensee specifically acknowledges that its obligations with regard to maintenance of the Property include maintaining the entire Property, and not just surfaced area of the Pedestrian and Bicycle Trail. Mowing and trash or debris removal must be performed a minimum of 6 times per year, and whenever requested by Licensor. In the event that Licensee fails to properly maintain the Property as provided herein, Licensor shall have the right, but not the obligation, to have such maintenance completed, and Licensee agrees to reimburse Licensor an amount equal to 125% of Licensor's costs and expenses for such work. Licensee shall pay such amount to Licensor within thirty (30) calendar days of receipt of Licensor's invoice. 16. Vegetation. Licensee shall not plant shrubs, bushes, or any vegetation on the Property without the prior written permission of Licensor. Under no circumstances shall Licensee plant trees or other vegetation with a mature height exceeding 10 feet above ground level upon said Property. Licensee shall refer to EXHIBIT "D," Low - Growing Vegetation Suitable for Transmission Corridors, attached hereto and made a part hereof, for approved vegetation and Raw decorative planting requirements; provided, however; that nothing in this sentence shall limit or otherwise modify the requirement of the first sentence of this Section 16. 17. Water Channelization, Detention, and Drainage. Licensee shall have no water channelization, canals, detention facilities, or ditches on the Property, including but not limited to any channels, canals, detention facilities, ditches, or altered drainage patterns arising from Licensee's pedestrian and bicycle trail located on adjacent or nearby property. Licensee shall maintain current and natural drainage patterns and shall be solely responsible for the drainage of ttor the Property and all adjoining property and for obtaining, at its sole cost and expense, all necessary permits and /or approvals with regard to the construction and maintenance of the Pedestrian and Bicycle Trail from the Harris County Flood Control District or other governmental agency of any kind having jurisdiction over the Property. Licensee shall be solely responsible any damages to the Property and Licensor's adjoining property relating to drainage, channelization, canals, detention facilities, or ditches on the Property. 18. Utilities. Licensee may install security lighting on Harris County's property in order to sufficiently illuminate the Pedestrian and Bicycle Trail to the east. Licensee further agrees to maintain security lighting at all times during the Term of this Agreement. 19. Signage. Licensee will, at its sole cost and expense, install and maintain adequate signs along the Pedestrian and Bicycle Trail to address matters such as: hours of operation, prohibited activities, appropriate cautionary statements, and an acknowledgement of Licensor's ownership of property. Licensee agrees that the form, content, location and other details concerning such signage shall be addressed in the plans to be provided to Licensor for approval prior to construction of the Pedestrian and Bicycle Trail. 20. Licensee's Insurance. At all times during the Term of this Agreement, Licensee shall procure and maintain in full force and effect, at the Licensee's sole expense, General Liability Page 6 of 14 SROW# 75987 L 7598 Insurance and Auto Liability Insurance, written by the Texas Municipal League Intergovernmental Risk Pool, a self - insurance fund entered into between political subdivisions of the State of Texas, covering Licensee and its recreational invitees, for all liability arising out of injury to or death of one or more persons and injury to or destruction of the Property, by Licensee and its recreational invitees, in connection with the Property, in the amounts as shown on the "Certificate of Coverage" attached hereto as EXHIBIT "E" and made a part hereof. Any and all deductibles, or self- insured retentions, of all insurance policies required hereunder shall be assumed by, for the account of, and at the Licensee's sole risk and expense, and shall not be billed or payable by Licensor or its affiliates. Licensee shall furnish Licensor with a "Certificate of Coverage" and other documentation required to evidence compliance with this Section. Such "Certificate of Coverage" shall provide that thirty (30) days written notice shall be given to Licensor prior to cancellation of or material change in the coverage. In the event of cancellation of existing coverage or a material change in coverage, Licensee, at its sole cost, shall immediately obtain comparable coverage satisfactory to Licensor. Licensee shall not allow a lapse in coverage at any time during this Agreement. 21. Licensee's Use of Contractors. As part of the consideration for this Agreement, excluding Licensee's Police Department, Licensee shall have all construction, installation and maintenance of the Pedestrian and Bicycle Trail and related appurtenances under the Agreement performed only by qualified non - governmental contractors. 22. Contractor's Insurance. At all times during the Term of this Agreement, the Licensee shall cause its contractor(s) to procure and to maintain in full force and effect, at the contractor's sole expense, insurance of the following types and amounts, written by insurance companies satisfactory to Licensor having an A.M. Best's Rating of not less than "A- VII" and authorized to do business in the State of Texas. a. Workers' Compensation. Each contractor shall carry statutory workers' compensation insurance covering the contractor's employees in compliance with all requirements of the workers' compensation laws of the State of Texas. b. Employer's Liability. Each contractor shall carry employer's liability insurance covering the contractor's operations under this Agreement and involving the Property in an amount not less than the following. Each Accident $1,000,000 Each Disease Each Employee $1,000,000 Disease Policy Limit $1,000,000 c. General Liability. Each contractor shall carry general liability insurance on a form no less broad than the coverage provided by a "Commercial General Liability Insurance" form (dated 2004 or thereafter) promulgated by the Insurance Services Office, and containing language affording coverage for contractual Page 7 of 14 SROW# 75987 L 787 liability, the products and completed operations hazards, broad form property damage liability, and the explosion, collapse and underground hazards, as respects all operations and work hereunder, for all liability arising out of injury to or death of one or more persons, and injury to or destruction of property, in any one occurrence, in amounts not less than the following. General Aggregate $ 2,000,000 Products Comp /Ops Aggregate $ 1,000,000 Personal & Advertising Injury $ 1,000,000 Each Occurrence $ 1,000,000 d. Automobile Liability. Each contractor shall carry commercial automobile liability insurance on a form no less broad than the coverage provided by a Business Automobile Liability Insurance form (dated 2004 or thereafter) promulgated by the Insurance Services Office, on all owned or hired autos, as well as non -owned autos, in an amount not less than $1,000,000 (combined single limit), for all liability arising out of injury to or death of one or more persons, and injury to or destruction of property, in any one occurrence. e. Excess Liability. Each contractor shall carry excess liability insurance that k,0 follows the form of the underlying primary liability insurance required by Sections 22(c), 22(d), and 22(e), in an amount not less than $1,000,000 per occurrence and $1,000,000 in the aggregate. y� f. Deductibles. Any and all deductibles, or self - insured retentions, of all insurance policies required hereunder shall be assumed by, for the account of, and at the W contractor's sole risk and expense, and shall not be billed to or payable by Licensor, or its direct and indirect subsidiaries and affiliates, including limited liability companies. g. Additional Insureds. The insurance required by this Section shall include Licensor, including its direct and indirect subsidiaries and affiliates, including limited liability companies, as additional insureds with respect to all operations performed under this Agreement and involving the Property, as to the full limits of liability purchased by the contractor (including limits greater than the minimum limits required herein), and shall include language providing: (i) that such insurance applies separately to each insured against whom claim is made or suit is brought; and coverage to Licensor, including its direct and indirect subsidiaries and affiliates, including limited liability companies, no less broad than one or the other of the following alternatives: (a) the coverage afforded to the named insured under the policy with respect to the work or services to be performed hereunder; or (b) the coverage afforded by the combination of Insurance Services Office Endorsements' CG 20 33 07 04 (entitled "Additional Insured — Owners, Lessees or Contractors — Automatic Status When Required in Construction Agreement with You) and CG 20 37 07 04 (entitled Page 8 of 14 SROW# 75987 L 7598 "Additional Insured — Owners, Lessees or Contractors — Completed Operations "); and, (ii) that such insurance shall respond as primary insurance and shall not require contribution from any other insurance that may be maintained by Licensor, or its direct and indirect subsidiaries and affiliates, including limited liability companies. h. Waiver of Subrogation. The insurance required by this Section shall include full waivers of subrogation in favor of Licensor, including its direct and indirect subsidiaries and affiliates, including limited liability companies, unless waiver of subrogation is prohibited by the law governing such insurance. Certificates of Insurance. Each contractor shall furnish Licensor with certificates of insurance signed by the contractor's insurance agent, showing the contractor's procurement of the insurance required hereunder. Each such certificate shall accurately reflect insurance in place, shall be in a form satisfactory to Licensor, II and shall contain language: +N� (i) expressly and specifically referring to this Agreement, The License Agreement between CenterPoint Energy Houston Electric, LLC and the City of La Porte for Pedestrian and Bicycle Trail "; (ii) providing that thirty (30) days written notice (except ten (10) days written notice in the case of nonpayment of premium) shall be given to Licensor prior to cancellation of or material change in the coverage (and, the word "endeavor" or similar term used in the standard Accord form shall be stricken); (iii) confirming that Licensor, including direct and indirect subsidiaries and affiliates, including limited liability companies, are additional insureds, as required by Section 22(h); a�u (iv) confirming waiver of subrogation in favor of Licensor, including its direct and indirect subsidiaries and affiliates, including limited liability companies, as required by Section 22(i); and, (v) attaching the endorsement(s) by which Licensor, including its direct and indirect subsidiaries and affiliates, including limited liability companies is made an additional insured, has a waiver of subrogation, and coverage is primary and non- contributing. j. Claims -Made Insurance. If the insurance required under this Section is procured on a form affording "claims- made" coverage, then (i) all limits stated above as "per occurrence" shall be understood to mean "per claim" or "per occurrence," as is consistent with the terms of the "claims- made" policy; and, (ii) such claims - made insurance shall not provide for a retroactive date later than the Page 9 of 14 SROW# 75987 L 798 commencement of the contractor's performance under this Agreement. All insurance as required by this section shall be primary to any other insurance coverage purchased and shall be issued by an insurer authorized to do business in the State of Texas having an A. M. Best's Rating of not less than "A- VII." k. Reinstatement of Impaired Limits. In the event that the required aggregate limits of liability of any insurance required by this section are reduced or impaired by fifty percent (50 %) or more, the contractor shall give Licensor notice of the impairment and promptly cause such impaired limits to be reinstated to the required limits. Subcontractors' Insurance. Each contractor shall cause its subcontractors, including all persons hired by the contractor who are not employees of the contractor, who perform any part of the work hereunder, to procure and to maintain in full force and effect insurance of the types and amounts, and meeting the requirements described in Sections 22(b), 22(d), 22(e) and 22(f). In addition, subcontractors shall comply with Sections 22(h), 22(i) and 220). m. Term of Required Insurance. All terms of these insurance requirements shall survive termination of this Agreement and shall continue until thirty (30) days past the final completion of all work or services performed under this Agreement, including the performance of any warranty work. In addition, each contractor shall maintain in full force and effect completed operations coverage under the insurance policies required by general liability and excess liability, and any "claims- made" coverage under Section 22(k), for a minimum of two (2) years after final completion of all work or services to be provided hereunder. Each contractor shall purchase an extended reporting period, or "tail coverage," if necessary to comply with the latter requirement. n. No Waiver by Licensor. A contractor's failure to provide insurance as required hereunder, or failure to supply certificates of insurance that comply with Section 220) or the failure of Licensor to require evidence of insurance or to notify the contractor of any breach by the contractor of the requirements of these provisions or deficiencies in the insurance obtained, shall not constitute a waiver by Licensor of any of the these insurance requirements, or a waiver of any other terms and conditions of this contract, including the contractor's and the Licensee's obligations to defend, indemnify, and hold harmless Licensor as required herein. o. Policy Requirements. The foregoing insurance requirements are minimum requirements intended to benefit Licensor, shall not be interpreted to limit a contractor's or the Licensee's liability to Licensor in any manner whatsoever; and, are separate from and independent of the contractor's and the Licensee's other obligations under this Agreement, including Licensee's obligations to defend, indemnify and hold harmless Licensor. 23. Licensee's Indemnity to Licensor. AS PART OF THE CONSIDERATION FOR THIS AGREEMENT, LICENSEE AGREES THAT LICENSOR, ITS ASSIGNEES, OR OTHER Page 10 of 14 SROW# 75987 L 7sye7 LICENSEES SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES DONE TO THE PROPERTY OR THE PEDESTRIAN AND BICYCLE TRAIL AND RELATED APPURTENANCES ON THE PROPERTY, AND, AS PART OF THE CONSIDERATION FOR THIS AGREEMENT, LICENSEE HEREBY RELEASES ALL SUCH CLAIMS THAT IT HAS NOW, OR MAY HAVE IN THE FUTURE FOR SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY THE TEXAS TORT CLAIMS ACT AND THE TEXAS CONSTITUTION, THE CITY AGREES TO INDEMNIFY AND HOLD LICENSOR (INCLUDING LICENSOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, AGENTS, DIRECTORS, OFFICERS, SHAREHOLDERS, AFFILIATES, AND SUBSIDIARIES, SUCCESSORS AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, AND OFFICERS) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, LOSSES, CLAIMS, DEMANDS, JUDGMENTS, COSTS, AND EXPENSES (INCLUDING THE REASONABLE COST OF DEFENSE THEREOF AND REASONABLE ATTORNEYS' FEES ACTUALLY INCURRED) WHETHER IN CONTRACT, STRICT LIABILITY OR TORT, WHICH ARISE IN FAVOR OF THE LICENSEE OR ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, CLAIMS, DEMANDS OR JUDGMENTS ASSERTED BY OR IN FAVOR OF LICENSEE'S CUSTOMERS, EMPLOYEES, AGENTS, CONTRACTORS, OR SUBCONTRACTORS OF ANY TIER), ON ACCOUNT OF BODILY INJURIES, DEATH, DAMAGE TO PROPERTY, TRESPASS OR OTHER CAUSE OF ACTION IN ANY WAY OCCURRING, INCIDENT TO, OR ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE INSTALLATION, OPERATION, MAINTENANCE, REPAIR, MODIFICATION, REMOVAL OR PRESENCE OF THE PEDESTRIAN AND BIKE TRAIL, WHETHER PERFORMED BY LICENSEE OR LICENSEE'S CONTRACTORS OR SUBCONTRACTORS, THE GRANT OF RIGHTS TO THE LICENSEE FROM LICENSOR HEREUNDER, AND THE SERVICES PERFORMED BY LICENSOR FOR THE BENEFIT OF LICENSEE UNDER THIS AGREEMENT, ALL REGARDLESS OF THE NEGLIGENCE OR FAULT OF LICENSOR, ITS EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, AGENTS, DIRECTORS, OFFICERS, AFFILIATES, SHAREHOLDERS, SUBSIDIARIES, SUCCESSORS AND ASSIGNS, AND EVEN AS A RESULT OF THE JOINT, CONTRIBUTORY, COMPARATIVE OR CONCURRENT NEGLIGENCE OR FAULT OF LICENSOR, ITS EMPLOYEES, SUBCONTRACTORS, AGENTS, DIRECTORS, OFFICERS, AFFILIATES, SHAREHOLDERS, SUBSIDIARIES, SUCCESSORS AND ASSIGNS. LICENSEE AGREES TO REQUIRE ITS CONTRACTORS AND SUBCONTRACTORS TO INDEMNIFY LICENSOR TO THE FULLEST EXTENT PERMITTED BY LAW CONSISTENT WITH THE FOREGOING INDEMNITY REGARDLESS OF THE NEGLIGENCE OR FAULT OF LICENSOR, INCLUDING ITS EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, AGENTS, DIRECTORS, OFFICERS, AFFILIATES, SHAREHOLDERS, SUBSIDIARIES, SUCCESSORS AND ASSIGNS. WITH RESPECT TO ENVIRONMENTAL CONDITIONS, LICENSEE AGREES, TO THE FULLEST EXTENT PERMITTED BY THE TEXAS TORT CLAIM ACT AND THE TEXAS CONSTITUTION, TO INDEMNIFY AND HOLD LICENSEOR, INCLUDING ITS EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, AGENTS, DIRECTORS, Page 11 of 14 SROW# 75987 L 7.5ge7 OFFICERS, SHAREHOLDERS, AFFILIATES, AND SUBSIDIARIES, SUCCESSORS AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, AND OFFICERS ( "INDEMNIFIED PARTIES ") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, LOSSES, CLAIMS, DEMANDS, JUDGMENTS, COSTS, AND EXPENSES (INCLUDING THE REASONABLE COST OF DEFENSE THEREOF AND REASONABLE ATTORNEYS' FEES ACTUALLY INCURRED) WHETHER IN CONTRACT, STRICT LIABILITY OR TORT, TO THE EXTENT, BUT ONLY TO THE EXTENT, THE SAME ARISE FROM OR RELATE TO ENVIRONMENTAL CONDITIONS CAUSED BY THE USE, INSTALLATION, OPERATION, MAINTENANCE, REPAIR, MODIFICATION, PRESENCE OR REMOVAL OF THE PEDESTRIAN AND BICYCLE TRAIL AND RELATED APPURTENANCES BY LICENSEE, ITS EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS. LICENSEE'S INDEMNIFICATION OBLIGATIONS HEREUNDER SHALL NOT BE EXPANDED OR REDUCED AS A RESULT OF THE NEGLIGENCE OF AN INDEMNIFIED PARTY, WHETHER JOINT, CONTRIBUTORY, COMPARATIVE OR CONCURRENT NEGLIGENCE. LICENSEE ALSO AGREES TO REQUIRE ITS CONTRACTORS AND SUBCONTRACTORS TO INDEMNIFY LICENSOR TO THE FULLEST EXTENT PERMITTED BY LAW CONSISTENT WITH THE FOREGOING INDEMNITY RELATING TO ENVIRONMENTAL CONDITIONS, REGARDLESS OF THE NEGLIGENCE OR FAULT OF LICENSOR, ITS EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, AGENTS, DIRECTORS, OFFICERS, AFFILIATES, SHAREHOLDERS, SUBSIDIARIES, SUCCESSORS AND ASSIGNS. 24. Licensee's Insurance To Cover Indemnities. THE INDEMNITIES AND COVENANTS PROVIDED BY LICENSEE UNDER THIS AGREEMENT, INCLUDING LICENSEE'S INSURANCE REQUIREMENTS UNDER SECTION 20 ABOVE, SHALL, AT A MINIMUM, EXTEND TO THE LIMITS AND COVERAGES OF ANY GENERAL LIABILITY OR AUTOMOBILE LIABILITY INSURANCE POLICY MAINTAINED BY LICENSEE AND MADE APPLICABLE TO THIS AGREEMENT, INCLUDING LICENSEE'S CERTIFICATE OF COVERAGE ATTACHED HERETO AS EXHIBIT "E" AND INCORPORATED HEREIN FOR ALL PURPOSES. FOR THE AVOIDANCE OF DOUBT, IF LICENSEE USES LICENSEE'S AGENTS OR EMPLOYEES TO PERFORM ANY WORK UNDER THIS AGREEMENT, LICENSEE SHALL PURSUE COLLECTION UNDER LICENSEE'S INSURANCE POLICY(IES) TO EFFECTUATE AND HONOR THE INDEMNITIES PROVIDED HEREIN, WITHOUT REGARD TO WHETHER THE CLAIMS FOR WHICH LICENSOR IS HELD LIABLE OR COULD BE HELD LIABLE EXCEED THOSE FOR WHICH THE LICENSEE ITSELF IS, OR COULD LEGALLY BE, HELD LIABLE. 25. Contractor's Indemnity. Licensee shall require the following indemnity provision in the contracts between Licensee and all contractors performing any work under this License Agreement or on the Property: AS PART OF THE CONSIDERATION FOR THIS AGREEMENT, CONTRACTOR HEREBY BINDS ITSELF, ITS SUCCESSORS, ASSIGNS, AGENTS AND LICENSEES TO Page 12 of 14 SROW# 75987 L 7sy87 PROTECT, DEFEND, INDEMNIFY AND HOLD CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC, ITS CORPORATE AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FREE AND HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, SUITS OR OTHER LITIGATION (INCLUDING ALL COSTS THEREOF AND ATTORNEY'S FEES) OF EVERY KIND AND CHARACTER ARISING IN FAVOR OF CONTRACTOR OR ANY THIRD PARTY (INCLUDING, BUT NOT LIMITED TO, PERSONNEL FURNISHED BY CONTRACTOR OR ITS SUPPLIERS AND SUBCONTRACTORS OF ANY TIER) ON ACCOUNT OF BODILY INJURY, DEATH OR DAMAGE TO OR LOSS OF PROPERTY (INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC'S ABOVE GROUND AND UNDERGROUND FACILITIES, INCLUDING LICENSOR'S TOWERS AND APPURTENANCES), IN ANY WAY OCCURRING, INCIDENT TO, ARISING OUT OF OR IN CONNECTION WITH THE WORK PERFORMED OR TO BE PERFORMED HEREUNDER OR OCCURRING, INCIDENT TO, ARISING OUT OF OR IN CONNECTION WITH THE PRESENCE OF CONTRACTOR PERSONNEL, AGENTS, SUPPLIERS AND SUBCONTRACTORS (AND THEIR RESPECTIVE PERSONNEL) ON CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC'S PROPERTY, ALL REGARDLESS OF WHETHER SUCH INJURY, DEATH OR ti DAMAGE IS CAUSED BY THE JOINT, CONCURRENT, CONTRIBUTING, COMPARATIVE, OR SOLE NEGLIGENCE OR FAULT OF CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC, ITS CORPORATE AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS. 26. Limited Liability. IN NO EVENT SHALL LICENSOR, ITS PARENT " CORPORATION, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LEGAL REPRESENTATIVES, OR ANY COMBINATION OF THEM, BE LIABLE (IN CONTRACT OR IN TORT OR OTHERWISE, INCLUDING NEGLIGENCE AND STRICT LIABILITY) TO LICENSEE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM LICENSOR'S PERFORMANCE, NON- PERFORMANCE, OR DELAY IN PERFORMANCE. 27. Notices. All written notices required under this License must be hand delivered or sent by certified mail addressed to the proper party at the following addresses: To Licensor: CenterPoint Energy 1111 Louisiana St. Houston, Texas 77002 Attention: Surveying & Right -of -Way Dept. (L 7 - ( 95-)) To Licensee: City of La Porte 604 West Fairmont Parkway La Porte, Texas 77571 Attention: City Manager 28. Texas Law. This Agreement shall be construed under, and in accordance with, the laws of the State of Texas. Licensor reserves the right to deny access to the Property to Licensee or Page 13 of 14 SROW# 75987 L 75 the general public if deemed necessary to comply with governmental laws or regulations. This License is performable in Harris County, Texas, and exclusive venue for enforcing same shall be Harris County, Texas. 29. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall be binding unless it is in writing, dated subsequent to this Agreement, and duly executed by the parties hereto. 30. Exercise of Rights. No delay or omission by Licensor in exercising any right hereunder shall operate as a waiver or a forfeiture of such right. EXECUTED as of this �da of A e , 2011. LICE ■ EE: LICENSOR: Ci of L• CenterPoint Ene gy Houston Electric, LLC By: By: � 4017/ Name: Ron Bottoms Name: MI I I I ri� Title: City Manager Title: j J /.2 I 0 a Page 14 of 14 f$, 0 44‘" 15 VI° P1/4 METES AND BOUNDS DESCRIPTION 0.0344 ACRES OF LAND IN THE WILLIAM M. JONES SURVEY, ABSTRACT No. 482 IN HARRIS COUNTY, TEXAS (10' PEDESTRIANIBIKE EASEMENT - HOUSTON LIGHTING AND POWER Co.) BEING a 0.0344 acre tract of land situated in the William. M. Jones Survey, Abstract No, 482 En Harris County, Texas and being a part of that certain 12.87 are tract of and described in the deed to Houston Lighting and Power Co. recorded In Volume 2480, Page 600, Deed Records of Harris County, Texas, said 0.0344 acre tract Is described by metes and bounds as follows: COMMENCING at a 1 inch pipe on the South line of Spencer Highway, being the Northeast corner of said 12.87 acre tract THENCE, South 03 degrees 06 minutes 25 seconds East, along the East line of said 12.87 acre tract and the West line of that certain 16,72 acre tract of land described in the Judgment to Coastal Industrial Water Authority recorded In Harris County Clerics File No, E185986, Official Public Records of Real Property of Hands County, Texas, 1,883.37 feet to the POINT OF BEGINNING of this tract herein described; THENCE, South 03 degrees 06 minutes 25 seconds East, along the East line of said 12.87 acre tract and the West line of said 16,72 acre tract, 10.00 feet; THENCE, South 86 degrees 53 minutes 35 seconds West, 150,00 feet to a point on the West line of said 12.87 acre tract and the East line of Lot 68 Biocic 1 of Replat of Brookglen Sec. Two, a subdivision recorded in Volume 167, Page 109 Map Records of Harris County, Texas, from said point a 1/2 inch Iron rod for the Southeast comer of said Lot 68 and the Northeast corner of Lot 69 said Block 1 bears South 03 degrees 06 minutes 25 seconds East, 5.00 feet; THENCE, North 03 degrees 06 minutes 25 seconds West, along the East line of said Lot 68 and !'s the West line of said 12.87 acre tract, 10.00 feet; THENCE, North 86 degrees 53 minutes 35 seconds East, 150:00 feet to the POINT OF BEGINNING and containing 0.0344 acres of land. Bearings are based an the Texas Coordinate System, South Central Zone (No, 4204) North American Datum of 1983 (NAD 83) CORS adjustment based from satellite observations. This description was prepared in conjunction with surveys made on the ground In March and April 2009 and in conjunction with the attached survey drawing dated November 9, 2010. November 16, 2010 By Huitt- 2;ollars, Inc. •. , 9T Steven E. Williams, R. P.L.s. ' // / 4) . f Texas Registration No. 4819 ° ','' ' �` • � ' �' ° �� I1RV � °t = ; � /� Page 1 of 2 K.1proj\survayti02121301 West end\Revised M&8 CenterPolnt Esmt.doc NOTES: E k' , k 1. H,C.C.E. No. = HARRIS COUNTY CLEWS FILE NUMBER SPENCER . 2. OR.H.CT, . DEFD RECORDS CR HARRIS COUNTY, TEXAS H 1 A H W A Y 3. M.R.H.C.T. - NAP RECORDS CF HARRIS COUNTY. TnXAS �r ff 4. 0.P.R.RP.H.CT. a OFFICIAL PUBLIC RECORDS OF REAL 1 1 1 1E PROPERTY of HARRIS COUNTY. AS I POINT OF COWflRCINO 5. BEARINGS ARE BASED FROST THE TEXAS COORDINATE SYSTEM, 1 FOUND 1' PIPE SOUTH CENTRAL ZONE. HORTH AMERICAN DATUM OF 1883 (meal CORS AD.USINFNT, BASED f508 SA1E111TE 1 1 000055AnONS. I ' I J I i R. SEE ATTACHED PACE 505 METES AND BOUNDS DESCRIPTION. r 1 I , 6,1: 9 r (PAGE 1 OF 2 05 HER JN) 20 PHBWPS CHIDOCAL Ca ' tE F y p� 1. ORE . OVERHEAD EIECTAIC. VOL 3142 PG. X2 PIPELINE EASEA 1 •''.' a ( IB g g d a . ; -1,0.1 rr 77 a "� 0 -ya B. © 0.R.H kil PDWER POLE , .C.T 1 1 1 I I ( I I ( I I I po O s ` 3 K �.F9:1 s ri 9. - MY ANCHOR 1 !I I 1 i u• tEl NO3'06'25MW I � I F 4 N (8f 'O a ao'. , ` ` ( I 1 I I I I 'd e' z dO I 1 As, ;3 'Z t . ' B e a • 3 5 4 � 150 ►� rn r a 0030)8'25'E S.00 I, Ai` �- P Al • • 0 (.i 1 .:: s yr 1 I W FOUND 1/2' IRON ROD I I I o � Y y Lor c9 BLOCK 1 1 I I 1— 07 �' 4p7 REPEAT OF W Q is N 1 Y I OROORGLEN SEG TWO I I 1 I 1 I i ,_ �. 1 , J �' YEL. 167 PG 109 a , 5 x � Yjsr 3 1 Y.R.KGT. 11 g I I I C I .� g Q. a 40 �1' Al 1 1 1 .1 I i'8 1 Q ‘t g q � � I to* u.E. - 1 1 n I / �i I I grl�. v �I ( 2 O V f-g 'N' i r 1 1 X 1 5, 11 I • , < §g s 1 ® O i �" LOT ;D 4 1 1 1 I II i I� 11 E Wo °� �� 1 C V ig_iia *.- - w ;3 _ t41 f FOUND Sir IRON R00� uaa. NSW 5 ��zz Flod F LT S o 80 30 0 60 h Al 1 c 1' = 60 . VIE v m8z 0006 • 1� y 5 7 EXHIBIT B . . FINCIS CONCRETE TREADpEAmiENT I (S 68: CEMENT STABILIZED SAND 14 BARS @ 12" 0.C.E.w, . - i EE NoTE BELOW) . Ai I I I -".,.'-%:...:.---. - • - ".. .- ..;: -.? • '-' .- .': 'f':' ''. 61 I /, • . • • . .. . • .,.. • - . . / NO EXTEN T ilEOURTS0D S UBCRArON . I 2 -- THE PTHAEVEMENT I I ' 0 1 I tt ` 1 ? A ..._ _,../ Ali CONCR P AVEM E N T , E • SCALE: NT N T SECTION „t E0.1)(-” lEll) • ,--- . SPECIFICATION FOR CONSTRUCTION ON CENTERPOINT ENERGY PROPERTY REFERENCE DRAWINGS: - • CenterPOint Energy TpANSMISS1ON STANDARDS MANUAL Drawing 4 006-224-03 006-203-01 006-203-02 006-203-04 006-203-07 0 N REFERENCE SPECIFICATIONS: 4 - CenterPoint Energy # 007-229-06 I Texas Health & Safety Code - Chapter 752 0 Federal Regulations, Title 29, CFR 1926.651, CFR 1910.333 NI . ASTM C76 I Texas Highway Department Standard Specifications for Construction of HighWaya,. Streets and Bridges:. Item 162,1teM 164,1tem 166 N 0 Ametican Association of State Highway and Transportation Officials (AASHT0)17 Edition-2002 04 Note: All Reference Drawings and Specifications are located in the CenterPoint Energy Transmission Operations Library. ---- Centerlioint Energy AOUSTON, TEXAS I WRITTEN 1 07/03/86 R. FL Wigton I CHECKED - 07/03/86 RDT/RNM 02/18108 Revised all, Split See. 9 LRS 1 LRS MJP APPROVED 07/03/86 - R. E. Boucher 05/05103 I Revised all Sections 111 LRS I LRS MJP Sheet 1 of 19 NO DATE I ITEMS RtY1SED BY CH APP SPEC ID. '007 1 231 79 . . 7 _ CONTENTS: Item No. Title PazeNd. 1.0 SCOPE 3 2.0 DEIFINITIONS 3 3.9 GENERAL REQUIREMENTS FOR CONSTRUCTION 4 4.0 SPECIAL REQUIREMENTS FOR PIPELINES 10 AND VALVE SITES 5.0 SPECIAL.REOUIREMENTS FOR DRAINAGE DITCHES 13 6.0 SPECIAL REQUIREMENTS FOR STREETS AND 13 ROADS 7.0 SPECIAL REQUIREMENTS FOR SPUR TRACKS 14 8.0 SPECIAL REQUIREMENTS FOR PARKING 14 FACILITIES 9.0 SPECIAL REQUIREMENTS FOR NURSERY 15 OPERATIONS 1 010 . 10.0 SPECIAL REQUIREMENTS FOR DECORATIVE 16. . PLANTING 11.0 SPECIAL REQUIREMENTS FOR PROTECTING 16 CULTURAL RESOURCES, ARCHAEOLOGICAL SITES, AND THREATENED AND ENDANGERED PLANTS AND ANIMALS REV.1S SPEC ID 001 1231 79 Sheet 2 of 19 • 1.0 SCOPE 1.1 This spec . fication - covers the requirements that a Grantee /Contractor shall adhere to when performing work on the property of CenterPoint Energy. 1.2 At the time of this revision, the active Company Representatives for the Transmission Operations Department, Reliability Analysis & Technical Support Division are: Mr. Dennis R. KKlare Mme. Leo R. Stoerner Office 713- 207 -6481 Office 713 -207 -6480 Cell 713 -825 -3353 Cell 713 --906 -5473 Office Fax 713 -207 -9122 2.0. DEFINITIONS 2.1 COMPANY -- CenterPoint Energy Houston Electric, LLC 2.2 COMPANY REPRESENTATIVE The person or persons IN designated in the Agreement to inspect the work 4 performed_ on Company Property. 2.3 COMPANY PROPERTY -- All property in which the Company has an interest (easement or fee) including N distribution easements, district office locations, and N substations as they pertain to transmission use. N 2.4 AGREEMENT - The written contract, letter agreement, or docu. by which the Company formally, authorizes tae N use of its property by an outside party_ 2.5 GRANTEE - The'actual owner, developer, lessee, private person, partnership, company, corporation or PO I governmental entity that is responsible for the Maintenance and control of the facility or work authorized by the Agreement. 2.6 CONTRACTOR - Any individual or business firm, separate k from the grantee, but contracting to perfoLsu or s 1 part or all of the activity or facilities under the Grantee. 2.7 SUBCONTRACTOR - Any individual or business firm, separate from the Contractor, but contracting to perform or supply part or all of the activity or facilities under the Contractor. Any work perforred by the Subcontractor and its agents or employees [---- stall comply with the provisions of the Agreement as if they were employees of the Contractor. REV. lei ©.5 pl+'C )�. 1 007 231' -..�- ?4 Sheei 3 of 19 3.0 GENERAL REQUIREMENTS FOR CONSTRUCTION . 3.1 The following General Requirements in this section are applicable to a Grantee /Contractor requesting permission to perform construction work on Company Property. The Special Requirements in other sections apply in addition to these General Requirements. 3.2 Any violation of the requirements contained herein shall be considered as grounds, by the Company RepresentatiVe to stop the construction until corrective actions are takea. 3.3 No Work shall be performed on Saturdays, Sundays or holidays on Company Property unless approved. by the Company Representative forty - eight (48) hours in advance. 3.4 The Grantee /Contractor shall furnish to the Company Representative access at all times to the work being done and to the premises used oy the Grantee /Contractor, and shall provide every reasonable accommodation for the purpose of inspection, even to 4i the extent of discontinuing portions of the stork temporarily, or of uncovering or taking down - portions of finished work.. 3.5 Upon project completion, the Grantee /Contractor return Company Property to its original condition or better, including roads, fences, and gates. 3.5.1 The Grantee/Contractor shall grade Company PO Property-to a smooth finish, and all excess material shall be either removed from, or distributed on Company Property as directed by the Company Representative. 3.5.2 All swales, ditches, and other surface graded areas disturbed during construction shall be seeded with Bermuda grass in accordance with Texas Highway Department Item 164. Fertilize application shall conform to Texas Highway Department Item 166 and shall have an analysis of 16 - 8 - 8. 3,5.3 All debris, vegetation or cleared materials shall be removed from Company Property by The Grantee /Contractor, including: REV. NO.5 _SPEC M. I ` 007 231 79 Sheet 4 of 1.9 (a) Trash, rubble and any flammable materials. (h) Sand, concrete and construction materials: (c) Containers of any type or character fpt The purpose of storing trash. (d} Any material defined in environmental regulations as a solid waste, regulated toxic material or hazardous Material_ 3.6 DOCUMENTATION REQUIREMENTS 3.6,1 The Grantee /Contractor shall have a copy of the signed Agreement at all times at the construction site where the operation of equipment is within Company Property. It is the Grantee's responsibility to provide a copy of this specification to the Contractor and to ensure that all the provisions in the Agreement . are followed. 3.6.2 Any necessary field changes or modifications to j the Agreement must be approved in writing by the Company Representative prior to construction by the Grantee /Contractor. 3.6.3 It is the Grantee /Contractor's responsibility to r"‘, examine all the available records and to make'a field inspection of the site and Company Property for determination of the surface conditions and surface water conditions to be encountered, and the character of equipment and facilities needed for the desired -work. 3.7 N0TIFICA`PION REQUIREMENTS 3.7.1 The Grantee /Contractor shall be responsible for 3 notifying all parties having an interest in or an easement on, under or above the subject Company Property. The construction requirements of the parties with prior rights shall be observed; however, the company's specification for Construction shall be adhered to as a minimum. 3_7.2 The Grantee /Contractor shall notify the Company Representative seven (7) days prior to beginning any type of work so that an inspection of • R: V. NO.5 SPEC. ID. 007 231 179 I Sheet 5 of 19 Company facilities and /or properties can be arranged. The Grantee /Contractor shall provide the name and telephone number of their representative responsible for the construction activities to coordinate a preliminary inspection. The executing party of the ?agreement shall pay the repair cost for damages to Company facilities caused by the Grantee /Contractor. 3.7.3 The Grantee /Contractor shall be responsible to call the One-Call Network at "8 -1 -i ", forty- eight (48) hours prior to construction, to locate the Company's undergr fiber optics line, and /or underground distribution facilities, and /or underground transmission facilities. 3.8 DAMAGE MITIGATION REQUIREMENTS 3.8.1 Any Use of land necessary by the Grantee /Contractor's operations which causes damage to property, crops, etc.. shall be_ mitigated by the Grantee /Contractor at his expense. 3.8.2 Any damage to Company facilities Or Company Property caused by the Grantee /Contractor's operations shall he mitigated by the �w Grantee /Contractor at his expense. 3. -9 SAFETY AND EQUIPMENT REQUIREMENTS ka� 3.9.1 It shall be the Grantee's responsibility to ensure that the Contractor be familiar with and { comply with all local,. state, , and federal codes (i.e. Texas Health.and Safety Code Chapter 752 and Federal Regulations, Title. 29, CFR 1910.333) for construction operations in close proximity to electrical power lines. The Grantee /Contractor shall comply with all applicable federal, state, and local environmental regulations concerning the loading and transportation of hazardous materials. 3.9.2 The Grantee /Contractor shall take all precautions necessary, shall be responsible for tha safety of the work, and shall maintain all lights, guards, barriers, barricades, signs, temporary passageways, or other protection RI±,V. NO. a SPEC. ID. 1 Q07 231 79 S€seet 6 of 19 necessary for that purpose: The•work shall be carried on to completion Without damage to any work or property of the Company or others and without interference with the operation of existing machinery or equipment. 3;9.3 The Grantee /Contractor shall be responsible at all times for the safety of the general public and for the protection of persons who may for any :reason enter within the limits of his work and shall comply with all the Jaws of the State of Texas and the united States and with all valid rules and regulations now in forte or hereafter adopted pursuant thereto. Effective barricades with acceptable warning and detour signs shall protect roads and highways closed to traffic. All barricades and obstructions shall be illuminated at night, and all lights shall be 'e4 kept burning from sunset to sunrise. The Grantee /Contractor shall bear the entire expense and shall not be reimbursed directly or Separately by the Company for providing and Maintaining all necessary or required barricades, warning lights, danger signals, signs or other precautions for the protection of the work and safety of the public. 3.9.4 If at any time the Grantee /Contractors methods, materials or equipment appear tQ the Company 'Representative to be unsafe, inefficient or inadequate for securing the safety of the workers, the public, or any Company facilities, he may order the Grantee /Contractor to increase his safety, efficiency and adequacy, and the g Grantee /Contractor shall comply with such orders. The failure of the Company Representative to make such demands shall not relieve the Grantee /Contractor of his obligation to secure the quality and safe conduct of the work, and the Grantee /Contractor alone shall be and remain liable and 'responsible for the .safety, efficiency and adequacy of his methods, materials, working force and equipment, irrespective of whether or not any changes are made as a result of any orders received from the Company Representative. 3.9.5 The c.cantee /Contractor shall immediately remove from the job, whenever requested to do so by the MN. NO. 5 SPEC. ID. 007 231 79 Sheet 7 of 19 • Company Representative, any person considered to be disposed or disorderly, or for any other reason unsatisfactorily complying with the requirements of this specification, and such person shall not: again be employed on the work without the consent of the Company. 3.9.6 The Grantee /Contractor shall not permit or suffer the introduction or the use of intoxicating liquor or narcotic drugs upon any of the grounds occupied or controlled by the Company. 3.9.7 No structure of any type shall be constructed. on Company Property unless a final set of detailed drawings have been reviewed and approved by the TransrnissiouOperations Department. Structures include but are not limited to signs, fences, paving, lighting, drainage facilities, etc. Ali structures of any type must be properly • grounded. 3.9.8 No temporary fuel tanks.shall be stored on Company Property unless prior written approval has been granted. Prior to approval, a specific location Will be determined by the Company Representative and the Grantee /Contractor. Fuel tanks within Company Property must be adequately grounded and beamed for spill protection. 0 3.9.9 No equipment or material shall be permitted on Company Property at a height greater than 15 feet above natural ground elevation, unless approved by the Company Representative, Cranes, lifts, etc. shall be blocked so that operators . may not bring the boom to a greater height_ 3.9.10 Trenching - and excavation will not be permitted Within twenty (20) feet of any structure foundation or other facilities measured at ground level unless approved by the Company Representative. 3.9.11 Excavation shall comply with CFR 1926.651. The installation of sheet piling, cribbing or other protective measures beyond the scope of CFR 1926.651 Will be required if stipulated by the Company Representative. 1110/A WO SPEC. M. I 007 231 79 I Sheet 8 of 19 3.9.12 No self - propelled equipment shall be allowed directly beneath a.lattice tower_ 3.10 RIGR`I' OF WAY ACCESS REQUIREMENTS 3.10.1 The Grantee /Contractor shall not sell, assign, or remove equipment or materials which have been installed by or which are owned by the Company and may be necessary for right -of -way access or any other activities without the written consent of the Company Representative, 3.10,2 No equipment, material, or railroad cars shall be stored on Company Property without prior written consent. 3.10.3 A minimum 20 -foot wide access path along Company Property shall be kept free of obstacles at all times to provide a passable area for the Company's equipment to travel. 3.10..4 the Grantee /Contractor upon the request of the Company Representative shall use matting on the right -of -way for temporary access on or across u Company Property. 3,11 DRAINAGE REQUIREMENTS 3.11..1 under , no circumstances shall. the_ natural, drainage pattern of Company Property be blocked or altered by construction. All previously existing ditches shall be re- established. 3.11.2 All reinforced concrete pipes installed on Company Property should be Class IV as specified by ASTM Specification C76 and should have a minimum of 12 itches of cover. 3.11.3 All corrugated steel pipe used for culverts and installed on Company Property should be 16 gage with 2 & 2/3" X ?-e or 3" X 1" corrugations and have a minimum o.f 12 inches of cover. 3.11.4 The top of all manholes shall be built at final grade and must be capable of hS -20_44 loading, (PHTO 17` Edition - 2002). 411 manholes must be protected with a minimum of four 6" diameter bollards made of wood or steel that are 6' long and set at least 24" in the ground with 48" REW. NO.5 I SPEC. lD. ' 007 j 231 79 Sheet 9 of 19 above the ground. 3.12 SPOILING REQUIREMENTS 3.12.1 No spoiling is allowed unless written approval has been. obtained. • 3.12.2 Spoiling, if allowed, shall be done as directed by the Company Representative. The spoil material shall be free ofconcrete, asphalt, steel, wcjod, or any other objectionable material.- Spoil material shall not be stockpiled Or placed over any distribution manholes, pull holes, etc. The spoil material shall be spread in lifts not tc e xceed 12" and compacted -as required by the Company Representative. 3.12.3 The elevation beneath any of the Company's 4t, structures within the .limits of the proposed work shall be maintained equal tcs or greater than the surrounding finished grade elevation. Spoil material, if approved in writing, shalt not exceed a paint six (6) inches below the top elevation of the concrete cap of. a touter foundation. Any spoil Material added beneath the tower shall be compacted to 95% density with a tamper or hand vibratory equipment and shaped to a smooth finish to provide proper drainage. 4.0 SPECIAL REQUIREMENTS rOR• PIPELINES AND VALVE SITES 4.1 Pipelines shall have a minimum cover of four (4) feet, measured from the top of the pipe to the natural ground 'level, unless otherwise specified in the Agreement. 4.2 Pipelines to be installed within twenty (20) feet of any structure foundation shall be installed by either boring, tunneling, or other prateotive methods approved by the Company Representative. Where boring is performed, the hole shall not be mote than one (1) inch greater than the outside diameter of the pipe and the protective coating or casing. Where tunneling is performed' and column' bents of concrete are used, the top of the concrete shall be a minimum of three (3) feet below ground level and the remainder of the column' shall be filled and compacted at lifts not to exceed twelve (12) inches to 95% Standard Proctor density. De- watering will not be permitted unless approved by REV.140. 5. SPEC. M. 007 231 79 Sheet 10 of 19 • • - k the Coaipafiy Representative. 4.3 Trenches s1 be backfilled, sufficiently compacted to prevent future settlement., and crowned as required by the Company Representative. For any settlement that occurs as a result of access for the associated pipeline installation, the owner of the pipeline, upon request, shall fill or smooth the Company right -of -way as directed. 4.4 No structure of any type- shall be constructed on Company Property unless described in. detail ,in the formal agreement document, except for test point terminals. and pipeline markers, which shall be installed in locations such that they do not create an obstruction.to Company equipment traveling within Company Property Ird! 4.5 If at any time the pipe is abandoned, the pipe shall be removed by the pipeline owner. If the pipe cannot be removed bacause of possible damage to Company facilities (tower foundation, poles, etc.), the pipeline shall be cut 20' away from each side of the • Company facility and the abandoned pipe section filled with grout to prevent future caving or settling. 4.5 Pipelines with a proposed location between a Coiupany structure and a down. guy anchor or other appurtenance will be bored or tunneled unless specific approval has been granted by the Company Representative. 4.7 New or relocated pipeline occupations that are located hetween a lattice tower's foundations �aill require the Company to install 'Mower Guards" (Company Drawing 400G- 2Q3 -07) at each tower at the expense of the requesting pipeline company, 4.8 The fallowing are additional requirements applicable to installations of valve and metering sites within Company Property. 4.8.2 No valve site is to be located closer than fifty (50) feet to a transmission structure or appurtenance without exclusive written consent__ 4.8.2 Valve sites are to be located on Coinpany Property such that they do not limit access along Company property, REV. NO.5 I SPEC: W. 07 ,23i l 79 Sliest 11 of 19 4.8.3 Valve sites are to have perimeter barricades or fences installed in order to prevent damage from equipment traveling along Company Property. 4.8.4 Va1;re sites, plus an additional three (3) feet outside the site area, shall be kept free of high grass and weeds at ail times by the valve' owners. 4.8.5 Vale sites are to be well marked with the owner's name and telephone number to be called in cases of emergency. 4.8.6 No blow -off vents or flares are to be located on Company property. 4,8.7 Grounding /Anode Beds will be treated as a Valve Site, separately from the pipelines.. 4.9 The following are additional requirements for pipeline (t crossings of the Company's underground electric . distribution facilities. 4_9.1 9.1 The Company will furnish upon ' Grantee /Contracttr's request any drawings of the existing Underground distribution facilities. 4,9.2 If a Crossing is required, the pipeline shall be installed beneath tie' Company's underground distribution facilities. A minimum vertical ' clearance of eighteen (18) inches must be maintained between the Company's underground distribution facilities and any other facilities • (i.e. outside pipe wall to outside concrete encasement or pipe wall). 4.9.3 If a pipeline is installed parallel to the Company's underground electric distribution facilities, a Minimum horizontal clearance of five (5) feet must be maintained between the Company's underground distribution facilities and any other facilities (i.e. outside pipe wall to outside concrete encasement or pipe wall) . 4.9.4 if the Company's concrete encased duct bank is to be exposed during the installation or maintenance of a pipeline, the Company's duct bank must be fully supported every four (4) feet. 4.10 Upon completion of the work, Grantee shall furnish the MAT. /00 SPEC. ID. j J 007 231 79 Sheet 12 a 19 Company with a complete set of as -built drawings, Any substitutigns or changes made by the Contractor /Grantee for the purpose of fabrication or installation shall be marked by Contractor /Grantee cn those drawings and accompanied by a complete revised metes and bounds or centerline description if applicable. 5.0 SPECIAL REQUIREMENTS FOR DRAINAGE DITCHES 5.1 Ditch side slopes along. Company Property shall be "Asphalt 'Mulch Seeded" with Bermuda grass in accordance with Texas Highway Department, Item 164. Application of seed shall be at the rate of forty (40) pounds per acre. Asphalt Film Spray Emulsion SS -1, CSS --I, CMS -25, or MS -2 shall be used. This spray is to be applied at the rate of 0.2 to 0.4 gallons per square yard. Fertilizer application shall conform to Texas Highway Department, Item 166 and shall have an analysis of 16 -8 -8 urea form. y ALTERNATE: The Grantee /Contractor may use solid "Block Sodding' on ditch side slopes in accordance ( with Texas Highway Department, Item 162. 5.2 Cement stabilized limestone and cement stabilized and shall conform to Company Specification #007- 224 -06. 5.3 Unless specified otherwise, the Grantee/Contractor shall install, for the exclusive use of the Company, a • culvert crossing for access to Company. Property with a roadway width of twenty (20) feet. The Grantee /Contractor= shall install the roadway at the location_ stipulated in the Agreement or as deteLmined by the Company Representative. 5.4 Ditch design shall be such that erosion and slope stability is controlled by flat side slopes, natural vegetation, riprap or other approved methods. The side slopes of ditches shall not be steeper than 4tl. 5:5 The high ,bank of any ditch shall not be closer than twenty (20) feet to any structure foundation measured at ground level unless spproved by the Company Representative. The high bank of any ditch shall not ba closer than three (3) feet to any wood poles or appurtenances measured at ground level unless approved by the Company Representative. If this is not possible, the wood poles will be braced or relocated by the Company at the Grantee/Contractor's expense. 6..0 SPECIAL REQUIREMENTS FOR STREETS AND ROADS REV. NO.5 S?EC. Tel. 007 231 79 Sheet 13 of 19 • 6.1 Barricades to protect the Company's structures shall be installed as required befere construction of the street or road begins. 6.2 Unless specified other ise, the Grantee /Contractor shall install, for the exclusive use by the Company, a twenty (20) foot wide drive on both sides Of the street or .road.. The Grantee /Contractor shall install the drive at the location stipulated in the Agreement cr as determined by the Company Representative. Curb cut -outs shall be installed. with a five (5) foot radius. 6.3 Adequate drainage for Company Property shall be provided and indicated on plan and profile drawings at' each street or road crossing. Installation of drainage structures and /or shaping of the adjacent property to ensure proper drainage of Company Property shall be done at Grantee /Contractor's expense. 7.0 SPECIAL REQUIREMENTS FOR SPUR TRACKS 7.1 Company structures located within twelve (12) feet of the nearest rail of tha proposed rail spur shall_ be relocated at the spur track owner's expense. The jy Company's construction forces will relocate the structures. • 7:2 For the exclus use of the Company,. the Grantee /Contractor shall install ' a twenty (20) foot wide grade crossing over the spur track in accordance with local railroad. specifications. Before construction can begin, the Grantee/Contractor shall assume responsibility for the exact location of the grade crossing with respect to the Company right-of-way line as determined by the Company Representative. If the spur right --of - way is to be cross - fenced, a twenty (20) foot wide gate shall be installed,in each cross fence at /and parallel to the grade crossing: 7.3 The top rail elevation shall not exceed four (4) feet above the natural ground elevation of the Company right-of-way. 8.0 SPECIAL REQUIREMENTS FOR PARKING FACILITIES 8.1 Parking Lot plans showing the area to be surfaced, curbs, fences, drainage and traffic access routes as applicable must be submitted to and approved by the: PIN- W).5 SPEC. ID. 007 1 231 79 Sheaf 14 of 1 -9 Company Representative prior to the granting of the Agreement, 8.2 No through roads will be allowed along Company Property; therefore, if the parking lot has multiple , entrances, the lot must be so constructed that through traffic is not possible- 8.3 Company Property requested fat parking must be inuuiediately adjacent or substantially close to the Grantees property 8,4 The Grantee /Contractor shall be responsible for ally damage to Company facilities. This includes all existing structures as well as future structures. Harriers will be requited if the proposed parking facility or any drives associated with the parking area are closer than ten (10) feet to any transmission facility. Barriers in accordance with Company Drawing #006- -203 -01, 006- 203 --02, or 006- 203 -04 shall be y/ installed. 8.5 If fences or traffic restrictora are placed across Company Property, the Grantee /Contractor must install a twenty (20) foot gate in accordance with Company " Drawing #006- - 224 -03, an which the Company will install a chain 4nd lock. 8.6 The Company .reserves the right to enter, and traverse any parking facility as required for inspection, maintenance or construction purposes and reserves the right to cancel all or part of the agreement as may be required for the installation of future facilities or maintenance of existing facilities. 9..0 SPECIAL REQUIREMENTS FOR NURSERY OPERATIONS 9.1 Liquid fertilizer is not allowed on Company Property 9.2 No permanent sprinkler systems are allowed on Coi ipany property, 9.3 Only containerized trees and plants will be allowed on nursery operations and only to a maximum height of ten (10) feet. ' 9.4. No berms or earthen mounds will be allotaed. 9.5 The Company is not to be held responsible for any R.EV. NO.5 SPEC. JD. 007 231 179 Sleet.15 of s9 plants that inay be damaged due to energenc repair of the Company's facilities. 10.0 SPECIAL REQUIREMENTS FOR DECORATIVE PLANTING 10.1 No plants which at maturity are taller than ten (10) feet will be approved, No planting shall be made closer than twenty (20) feet to any Company structi;:te. 10.2 No trees of any type will be allowed. 10..3 No berms or earthen mounds will be allowed. 10.4 No permanent sprinkler systems are allowed on Company property. 10.5 Liquid fertilizer is not allowed en Ccimpany Property. 10.6 The Company reserves the right to have plantings removed by the Grantee /Contractor within three (3) days of notification. Should plantings not be removed, the Company wi11 remove the plantings and not be liable for their replacement. N 10.7 Any vegetation placed within. Company Property without prior written approval may be removed by the Company. The Grantee /Contractor shall be responsible for reimbursing the Company for removal of unauthorized rl° plantings, 10.8 The Company is not to be held responsible for any decorative grass or plants that may be damaged. 10.9 Grantee shall keep Company Property free of high grass, weeds, and trash within the area covered by the . Agreement. • 11.0 SPECIAL REQUIREMENTS FOR PROTECTING CULTGRAL'RESOURCES ARCHAEOLOGICAL SITES; AND THREATENED AND ENDANGERED PLANTS AND ANIMALS 11.1 ARCHA.EOLOGIrAL AND HISTORICAL SITES 11.1.1 Known or potential archaeological or historical site(s) A. The Grantee/Contractor shall conspicuously mark the site areas in the field to ensure -the areas are avoided by construction REV. NO 5 SPEC: !ID. 007 231 f 79 Sheet 16 a419 F activities B_ If a site is determined to. be located in a wooded area, any necessary vegetation clearing shall. be done in such a manner that the root zone is not disturbed until an arcliaeoiogist has completed and investigation of the site, including removal of all artifacts. This may be accomplished by using manually operated chain saws or mechanical cutters to cut down ttees at ground level and lifting then onto trucks for transport out of the right of way rather than dragging them When archaeological work is completed, stump grinders may be used to remove the remaining portions of large trees below grotiind level, after which the surrounding surface can be prepared for construction. More specific procedures for avoidance or lessening of damage to sites will be decided on a site -by -site basis, or as directed by the State Historic 1 Preservation Office. C. In certain circumstances, it may be necessary for vehicles to cross the identified archaeological /historical • areas. In such cases, loose earth fill; or other temporary ground cover, in a thickness necessary to prevent damage by the passage of vehicles over the site surface will be placed on such sites. The fill shall be a contrasting color or texture so as to allow re-- establishment of the original site surface at a later date. The Grantee /Contractor shall document the placement and removal of such temporary fill. 11.1.2 Unknown archaeological or historical site (s)) A. Upon discovery of any evidence of an archaeological or historical site (e.g. accumulations of oyster shells or other ' seashells, pottery or pottery pieces, animal or human bones, rusted metal such as nails or cannon balls) , all construction operations in the immediate V NQ. S I SPEC. ID. I 007 231 79 Sheet 17 of 19 • vicinity shall cease: The Grantee/ Contractor shall promptly contact the • Company Representative. B. The Company will contact qualified environmental contractors to investigate the discovered site in accordance with applicable procedures and guidelines. The area of significance will be conspicuously marked the fieldso that construction activities may proceed while avoiding the site. 11.1.3 Mitigation process A. If a structure or site cannot be protected through any relocation, stabilization or Y restoration technique, them mitigation of the constrneti.on effects an archaeologicai and /or historical sites will be perfoz,aed in accordance with applicable procedures and guidelines as directed by the State • Historic Preservation Office. 11.2 ENDANGERED OR THREATENED PLANTS AND ANIMA1S 11.2.1 Known locations of'species and /or their habitats A. The company may provide the Grantee /Contractor any previously documented sites of any known endangered and threatened species that it has discovered along the construction route. Where such documentation is provided, the Grantee/ Contractor shall implement any mitigating actions required by the Company. 11.22 Unknown locations of species and /or their habitats A. If during construction, the Grantee /Contractor discovers an endangered or threatened plant or animal species, the Grantee /Contractor shall cease all work in that iimuediate area. The Grantee /Contractor shall promptly notify the Company Representative who will notify 12W .M.5 SPEC. m. 007 231 79 Sheet 13 of 19 the appropriate State /Federal agencies for any required mitigating actions. B. If during construction Grantee /Contractor discovers a nesting Site of a threatened or endangered species or suspects that a nesting site is that of a threatened or endangered species, then the Grantee /Contractor shall cease all work in that immediate area and promptly notify the Company Representative who will notify the appropriate State /Federal agencies for any required mitigating actions, 11.2.3 Mitigation process A. Any mitigation concerning endangered and /or threatened species, applicable to the project construction, will be reviewed by the Company and communicated to the Grantee /Contractor. Only .hen necessary mitigation measures have been completed by the Grantee /Contractor will construction work be reinitiated. � R SPEC. JD. 007 231 79 Sldet 19 of 19 t:4 eY44"15\1° Low-Growing Vegetation Suitable for Transmission Corridors The following is a list of small shrubs acceptable for planting within transmission corridors. Most bedding plants and ground covers are acceptable andnot covered within this document. Permission must be obtained from CenterPornt Energy prior to planting anything within a transm ission corridor to ensure the type and location of the vegetation does not block access to the corridor or affect the ability to inspect and maintain the transmission lines. For permission, please contact the CenterPoint Energy Surveying & Right of Way Department at 713 -207 -5769. For questions about approved species, please contact CenterPoint Energy at 713-207-2222 or 1- 800 - 332 -7143 and a company forester will be notifed to assist you. AQXJTFOLIACEAE Ilc� glabra Inkberry Height: 6 - 8 feet Leaves: Lustrous, dark green,- some times yellow green (evergreen) Fruit: black berry, September -May Landscape Value: excellent for foundation, hedges, masses, or an accent plant leer veiticillata Winterberry Height: 6 -10 feet Leaves: deep rich green (deciduous) a� Fruit: bright red, August- September Landscape Value: excellent for mass effect. Needs male and female, for fruit set CAPRIFOLLACEAE VThurnwn acerifoliwn Maple -leaf viburnum Height: 4 - 6 feet Leaves: bright green, changing to red or purple in fall (deciduous) Flower: yellowish white, June Landscape Value: shade tolerant, fall colors are brilliant (pink, rose, red, to grape juice purple) CELASTRACEAE • Euonvnnzis wnericanus Strawberry bush Height: 4 6 feet Leaves: dark green changing to yellow green in fall (evergreen) Flower: 5 petaled greenish purple, July - September Landscape Value: goes unnoticed until September- or October when the warty, scarlet capsules open to display orange seeds. From this character it gets its other common name "hearts- a- burstin" RUBIACEAE Revised 2007 CenterPQmt, Page 1 of 5 Energy Cephalanthus occidental's Button bush Height: 6 -10 feet Leaves; bright green lustrous above, lighter pubescent below (deciduous) Fruit: red or brown rounded mass of nut -lets Landscape Value: does well in moist sites, has a rather loose, gangly appearance ROSACEAE Spirea x bumalda Bumald Spirea Height: 2 - 5 feet, depending on variety Leaves: variable, depending on variety; bronze, red, pinkish- red - purple when young, filially changing to green or variegations of green, yellow, gold, or burgundy; fall colors vary from greenish purple, orange -red, and chartreuse Flower: white to deep pink, June— August Landscape Value: Good filler, can be used as a low massing plant SAXIFRAGACEA.E Item virzirtica Virginia sweetspire Height 3 9 feet IN Leaves: bright green changing to crimson in fall (deciduous) Flower: white, upright, fragrant, June -July Landscape Value: flowers at:a time when few plants are in flower. Likes moist to wet sites. Not utilized enough in home Iandscapes, holds its leaves a long time STYRACACEAE Siyrax acne -icanrsr American snowbell Height: 6 - 8 feet Leaves: bright green (deciduous) Flower: white bell - shaped, hang down instead of facing up, (June- July) Landscape Value: slender stem rather wispy shrub, likes ccol, moist, acidic sites, excellent for southern gardens Revised 2007 etl page 2 of Energy VFR 3ENACLAE Cal!icarpa americana. American beautyberry Height: 3 - 8 feet Leaves: medium green, pubescent (deciduous) Flower: light lavender pink, June- August Fruit: violet to magenta berry Landscape Value: good shrub for massing Definition of Terms: pubescent covered with short, soft hairs glabrous smooth, not pubescent or hairy Lustrous- slight gloss deciduous falling away, not persistent persistent remaining attached for more than one season, not falling off in autti in. evergreen having green foliage throughout the year semi- evergreen green for only a part of the winter, or only part of the foliage fully evergreen • Other Notable Vegetation** Azaleas Camellia Hibiscus Japanese Boxwood Hydrangea Pampas Grass, Maidenhan etc. Barberry Chokeberry Butterfly Bush(Buddlea some varieties * *Many other shrubs and ground covers For questions about approved species, please contact CenterPointl✓nergy at 713 - 207 -2222 or 1 -S00- 332 -7143 and a company forester will be notified to assist you. Revised 2007 Cerilet00int' Page 3 of 5 Energy Picture Gallery of Approved Vegetation • Inkberry Winterberry 0 - ,, - - - --- - -; - 1 ,,, ... . . ' •..- -7771it.";::,•w-g--p--z-i- .•,', ..- . •-- Vr; '.• :.. t•- . _ - -- --7 - • ' F '''''-".•,..1, 4,,, ::,.:* 1L • 1_ , :::.nl :,, -„.' f',..1".1;,,,,,,,I,:.,.., ' ,'. 0. , • ';',.`4,..' '.• :, , : " -." t • t -(•••• '' ' - ' ''' 0 : '',... '' . , ..- 4 - '" .... .114.'„'„,,e -'••-• ^i , '', 04._;:,.-.4.t7-;_, itl '-:,.. e"A 4 .' , '' - --, , ,t ,.. ' •.:".., . - ' - - , )•'.• ' "-'....-..-: . - • .. , -.:-,-.'''..• 7 1 . ..,... -4 ,, , - , , .- *-, -',!':' ' t . . , ,:-..‹...., .., .,-.,. •i•-';-4'',,•:-- -:-:-N-.-•',-....et!-:;`''''':-.7'^' `........, , it (." . ._ - • ."'" * ' , . - :',.....- 2 .-..' A . , , ; .;, i _ . •_... ,...; ,., ,...:-. Maple-leaf viburnum Strawberry bush V r • , . ,,, ,t.1:,:.. --- • •,:‘7, - '-• - ,- ! - 7- . 7 7' i 7 gs - ` , c,;• , .. ,- .-;. - , ,, : . ,4.. I '- - ka 7 \- ril -41, . - .•..., -," - ,. ."01* ,..?"7--/ . ) . - ,, - ‘,..,,„_-..,,,,..,,,,;,-)--.... ' ! ----- -)> kill T '. • rilf-' ...sat:. s .:-.- r*-7,:i - A , • . ., . • - ' - .. • li '4 ',?... -• 1 4!"---.,1. , . ...--_ 4 i;,. ; ' • i. _ • . : / „T. , -• i 4 . - - , . , a.;:. -- ; t i , . _ • . . _. . 8 2002 F ondaia.com i ,, ,. • 1 r4 Button bush Virginia sweetspire .- .,... i .. -, 0 , • ;:4-0 . , .; i . _ ,,„ . .. • „, .,.... . ) ... ' _ .'. ) 7 . .. • • ,-,--',.`!:+;,- . -,-,1,,, , ' ).' , -..,. . -,,,-.'. ---:_ezt - ) • , ... 4 # t, ".- • , 1 ... -," 4 , , A rio.. ="--, --, ' .. '5 ."=_ ---; :V -., , .,.1 :-. !' - le • 15 %., '', o ''.' ,'"•• , trA7V ' ' /r .•:; # ' r, :-fir f., :,... ' ,,-..:.,,•,.- 7, ...-, - , A,, .,;. . • I ,,, :,k ., . . . . ..- .- . . . . • - Revised 2007 Is CenterPoint. Page 4 of 5 Energy . • Bumald Spi ea r `Gold Flamc' Bumald Spirea `Anthony ��/aterer' : . ...,fli„, ..,, • Bumaid Spirea `Gotdmound'' vitrig } (Y s- ' Ay s ' T p r 't X• •J ; li Amer snowbe American beautyberry i t 'F •x - � . .'* N y p T4 4 g Revised 2007 }n ' Page of 5 t1/4. 0 • EX "1511. Els T ML Certificate of Coverage rNTEROOVPICO4ENTAr. RUSK POOL TML -IRP Contract Number: 16707 hiombar: Cempaey Affording Coverage: }� Parts Texas Municipal League Intergovernmental Risk Pool • • Ms Heather Weger PO Box 149194 NR Manager Austin, 'TX 78714 -81$4 604 W Fairmont Pkwy (612) 491.2300 or (800) 537 -6655 La Porte.Texas 77571 -6215 Fax: (512) 491-2444 Certificate Holder: Centerpoint Energy Houston Electric, LLC including subsidiaries and affiliates 1111 Louisiana Houston, Texas 77001 Attention: Surveying & Right -of -Way This is to certify that the coverages listed below have been provided to the member and tare in effect at this time Notwithstanding any requirements, terms, or condition of any other contract or agreement with respect to which this certlficate may be Issued or may pertain, the coverage afforded by the Texas Municipal League intergovernmental Risk Pool (TML -IRP) described herein is subject only to the terms. exclusions and additions of TML - IRP'd coverage contracts between TML -{RP and its member(s). Coverage is continuous until canceled. General Liability Effective Date: 10/01/10 Real & Personal Property Effective Date: Anniversary Date: 10/01 /11 Anniversary Date: Limits of Liability (Each Occurrence): $2,000,000 Limits of Coverage: Sudden Events involving Pollution (Each Occurrence): $2,000,000 Deductible per Occurrence: Annual Aggregate: $4.000,000 Mobile Equipment Effective Date: r Deductible per Occurrence: $5,000 Anniversary Date: Law Enforcement Liability Effective Date: Limits of Coverage: Anniversary Date: Deductible per Occurrence: Units of UabilRy (Each Occurrence): Seiler GMachinery - Broad Form Effective Date: Animal Aggregate: Anniversary Date: Deductible pet Occurrence: Per Accident Limit: Errors and Omissions Liability Effective Date: Deductible per Occurrence: `� Anniversary Data: Yes No Limits of Llability(Each Wrongful Act): Mortgagee tole Annual Aggregate: Loss Payee Deductible per Occurrence: Loan Number: Auto Liability Effective Date: 10/01/10 Year/Make/Model Anniversary Date: 1 0/01/11 Limits of Liability (Each Occurrence); $1,000,000 MIN Deductible per Occurrence: $1,000 Auto Physical Damage Effective Date: Anniversary Data Limits of Uabetty: Collision Deductible: Comprehensive Deductible: Yes No Lose Payee :l 1 Loan Number: DESCRIPTION: Evidence of coverage for pipeline easement for pedestrian and bicycle trail. EL217 Indemnification Under Contract is attached. Cancellation: Should any of the above described coverages be canceled before the anniversary date thereof, TML -IRP will endeavor to mail 30 days wriden notice to the above named certificate holder, but failure to mail such notice stall impose no obligation or liability of any kind upon TML -IRP. Authorized Re sentative Date issued 7 12/20/10 X102 10/15/08 INDEMNIFICATION UNDER CONTRACT This endorsement forms a part of the Declarations to which attached, effective on the inception date of the coverage unless otherwise stated herein, and clarifies such coverage as is afforded by the provisions attic coverage shown below: El GENERAL LIABILITY AUTOMOBILE LLA.BILITY LAW ENFORCEMENT LIABILITY E AIRPORT (GENERAL LIABILITY HAZARDS) PREMISES LIABILITY Entity Name : La Porte Entity ID : 6707 Effective Date :12 /20/10 A 1 4 It is agreed that coverage is provided for the liability assumed by the Fund Member to indemnify the person or organization named below wider a contract between such person or organization and the Fund 'J Member, but such coverage shall not exceed the Limits of coverage set forth in the Declarations. Person or Organization : CenterPoint Energy Houston Electric, LLC FILED FOR RECORD including subsidiaries and affiliates 8.00 AM Address 1111 Louisiana MAY 10 2011 City, State & Zip Code : Houston, TX 77001 County Clerk, Harris County, Texas Description License Agreement between the City of La Porte and CenterPoint Energy Houston Electric, LLC. kr( NOM IISENwNdtFESTFCISTIESkER M CR USE CFiIE DECRIED REAL RECORDER'S ,°EMORANDUM: PROPFAtYBEMEOFMOROI RICE IS WOW itetcecosa ECM UMtt At the time of recordation, this instrument wasTHE STATE OF TEXAS t It found to be inadequate for the hest photographicC OF RIB n Re lbw scow rnOr die rdrb fine reproduction because o; !II.aF,9bifi,t /, carbon or ° , wardlaspifRECO RDED. 11b06aeibkRemddReifteefelltwM photo copy, disco!ored peer, etc. All biockouts, additions and r:han des v'or,, present at the time the instrument was hied and recorded. MAY 10 2011 . COUNTY CLERK ''��' HARRIS COUNTY. TEXAS TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK. POOL E12)7 AFTER RECORDING, RETURN: To: ASKINS & ASKINS, P.C. °$ " 6199 ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P.O. BOX 1218 LA PORTE, TEXAS 77572 -1218 CONFLICT OF INTEREST AFFIDAVIT THE STATE OF TEXAS § COUNTY OF HARRIS r § I, JWC.tL Cjt - euLfit) as a member of the City of La Porte Coo Av c1 C. , make this affidavit and hereby on oath state the following: I have a substantial interest in a business entity or real property as defined in Chapter 171, Texas Local Government Code, and a vote is to be taken or a decision is to be made that will have a special economic effect on this business entity or real property. The agenda iten on . Z� , 20 1 / , affecting this business entity or real property is: 2.{� n POyitt gAreity1 ,%5etifl4 ( 9c COMPLETE (A) OR (B): (A) The business entity is C 4-PAt ' /rtti Aifr (name); or (B) The real property is located at: I have a substantial interest for the following reasons: (check all which are applicable) Ownership of 10% or more of the voting stock or shares of the business entity. Ownership of 10% or more or $15,000 or more of the fair market value of the business entity. V' Funds received from the business entity exceed 10% of gross income for the previous year. Real property is involved and I have an equitable or legal ownership of the property with a fair market value of at least $2,500. A relative of mine has a substantial interest in the business entity or real property that would be affected by a decision of the public body of which I am a member. Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision involving this business entity or real property and from any further participation on this matter by discussion or debate. Singed this 7 --C day of At 1L[ L , 20 1/ . , ' Signature of Offic' . THE STATE OF TEXAS § COUNTY OF HARRIS § Before me i f P , ' - g . • _! / on this day personally appeared / l ,�tu('J �ti-t ••own to me to be the person whose name is subscribed to the foregoing ins I 1. nt and acknowledged to me that he /she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this / 9-5_ 4 4 of , 20 1 / . CS •) ki AFL. Notary Public in . . • 7 the S 'r of Texas 7 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested! April l 7.O11 Appropriation Source of Funds: N/A Requested By: Michael G. Dolby, Dir of Finance Department: Finance Account Number: N/A Report: Resolution: Ordinance: XX Amount Budgeted: Amount Requested: N/A Exhibits: Ordinance Budgeted Item: Exhibits: Exhibits: SUMMARY & RECOMMENDATION The City has been accepting credit cards for payment of utility bills, tax bills and other City Services. The Local Government code allows municipalities to collect a fee for processing online payments by credit card; however, the governing body may not set the processing fee in an amount that exceeds five percent of the amount of the fee or fine, or other charge being paid. Our third party processor (Rev Track) reviewed the City's total fees paid and compared that amount to the number of transactions and calculated an average fee of $3.00 per transaction. The City currently pays a total of approximately $133,000 annually in fees for the acceptance of credit cards; therefore, charging a $3.00 convenience fee will allow the City to recoup approximately $37,000: furthermore, the City would like to allow those citizens paying less than $60.00 dollars to not pay a convenience fee. This approach will keep La Porte in compliance with the Local Government Code. Action Required by Council • ve ordinance for $3.00 convenience fee. Appro ed ' or City o it Agenda l ( I Ron Bottoms, City Manager Date ORDINANCE NO. 2011 -33$ AN ORDINANCE AUTHORIZING AND ESTABLISHING CONVENIENCE FEES FOR CREDIT OR DEBIT CARD TRANSACTIONS PAID ON -LINE THROUGH THE LA PORTE WEBSITE, FOR LA PORTE RESIDENTIAL AND BUSINESS CUSTOMERS; CONTAINING A SEVERABILITY CLAUSE; AND PROVINDING AN EFFECTIVE DATE. WHEREAS, the City of La Porte provides for the ability to pay for city services at both the point of transaction and on -line, with the use of credit or debit cards; and WHEREAS, the City believes that providing this service for La Porte customers wishing to pay for services and /or fees by credit or debit cards is in their best interest; and WHEREAS, the City believes that a convenience fee should be charged to offset the cost of providing this service to residential and business customers wishing to pay for the city services so provided with credit or debit cards. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: SECTION 1: A convenience fee of $3.00 per transaction is hereby authorized at the time of the sale for those individuals and businesses wishing to use a credit or debit card to purchase and pay for city services, in those cases where credit or debit card payments are provided for and permitted for on -line payments on the City of La Porte website. In those cases where the total sale price is less than $60.00, no fee shall be assessed. SECTION 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. SECTION 3: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. SECTION 4: The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Texas Local Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. SECTION 5: This Ordinance shall be in effect from and after its passage and approval. The fees in this ordinance shall be effective upon passage and approval of this ordinance, unless otherwise indicated. PASSED AND APPROVED this the 5 day of l.IA / 2011. CITY OF 4' • R E, -XAS 4I I f A Lo is R. ' igbyor ATTEST: Patrice Fogarty, Or Secr/ ary APPRO D: Clark Askins, Assistant City Attorney 8 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 25, 2011 Budget Requested By: D. Wilmore Source of Funds: General Funds Department: Planning Account Number: #001 - 9092 -524 -6021 Report: X Resolution: Ordinances: X Amount Budgeted: _546,150.00 Amount Requested: Exhibits: List of Dangerous Buildings Budgeted Item: YES X NO Exhibits: Building Owner's Notification List Exhibits: Dangerous Building Inspection Reports Exhibits: Sample Condemnation Ordinance Exhibits PowerPoint Presentation on Buildings SUMMARY & RECOMMENDATION A regular Council meeting was held on March 28, 2011 to review the findings of the Dangerous Building Inspection Board and an April 25, 2011 public hearing date was granted to consider formal action. Subsequent to this meeting, as required by Chapter 82, Article VIII of the Code of Ordinances, a notice was published twice in the Houston Chronicle. Also, certified and regular mail letters (including the inspection report and public notice) were mailed to the building owners. The purpose of this public hearing is to receive property owner, citizen and staff comments as to why the buildings should or should not be condemned and demolished. Following the close of the hearing, Council will be asked to consider condemnation of the structures. At this time, the owner of 2820 D St. has demolished the trailer and staff has secured an executed voluntary consent to demolish form on 323 N. 10 Street and 536 Bayshore Drive. No condemnation ordinances are needed on these locations. The Board recommends passage of condemnation ordinances for the remaining eleven (11) structures. The Finance Department has confirmed availability of $46,150.00 in budgeted funds. Action Required by Council: Consider passage of ordinances or other action regarding condemnation of substandard buildings A I s ro • d for _ , t oun ! enda 011.-AP - Zo- (c Ro oms, City M7' ager Date SUBSTANDARD BUILDING LIST (Spring 2011 Group) 1) 319 Dwire Dr. (Mobile Home in a R -1 Low - Density Residential Zone) HCAD: #063 - 021 - 005 -0019 Legal Description: Blk. 5; Lot 4; Bay Oaks Improvements: $ 4,736.00 (per HCAD) Taxes Owed: $ 3,415.50 (as of March 2011) Mowing/Clean -up: $ 1,464.25 Utility Billing: $ 12.03 (Write -off) 2) 2820 D Street (Mobile Home in a R -1 Low - Density Residential Zone) DEMOLISHED HCAD: #058- 010 - 003 -0009 AS OF 4/11/11 Legal Description: Blk. 3; S. 30 Ft. of Lot 2; Pine Bluff Improvements: $ 2,599.00 (per HCAD) Taxes Owed: $ 1,596.93 (as of March 2011) Mowing/Clean -up: 0 Utility Billing: 0 3) 1708 S. Broadway St. (Old Hwy 146) (Non- Residential Building in a R -1 Low - Density Residential Zone) HCAD: #024 -299- 046 -0001 Legal Description: Blk. 1446; Trs. 17 -23; La Porte Improvements: $57,060.00 (per HCAD) Taxes Owed: $ 5,152.63 . (as of March 2011) Mowing/Clean -up: $ 2,602.46 Utility Billing: $ 322.02 (Write -off - UB knows as "1704 ") 4) 1712 '/2 S. Broadway St. (Old Hwy 146) (Mobile Home in a R -1 Low - Density Residential Zone) HCAD: #024 - 299 - 046 -0040 Legal Description: Blk. 1446; Lots 1 -16 & Tr. A; La Porte Improvements: $ 5,650.00 (per HCAD) Taxes Owed: 0 (as of March 2011) Mowing/Clean -up: 0 Utility Billing: Utilizes "1708" Water Account • 1 Substandard Bldg. List — Spring 2011 Group Page 2 5) 536 Bayshore Dr. (Single- Family Dwelling in a NC Neighborhood Commercial Zone) HCAD: #007 - 002 - 000 -0010 Legal Description: Blk. 30; Lots 10,11; Beach Park SIGNED VOLUNTARY Improvements: $10,428.00 (per HCAD) AS OF 04/05/11 Taxes Owed: $ 1,399.41 (as of March 2011) Mowing/Clean-up: $ 261.44 Utility Billing: 0 6) 111 S. Blackwell St. (Single- Family Dwelling in a R -1 Low - Density Residential Zone) HCAD: #006 - 175- 000 -0006 Legal Description: Blk.85; Lots 6,7; Bayfront Improvements: $31,019.00 (per HCAD) Taxes Owed: $ 769.86 (as of March 2011) Mowing/Clean-up: $ 1,285.84 Utility Billing: 0 7) 1307 E. Main St. (Single - Family Dwelling in a R -2 Mid - Density Residential Zone) HCAD: #024 - 158- 089 -0010 Legal Description: Blk. 989; Lots 8 -16; La Porte Improvements: $33,924.00 (per HCAD) Taxes Owed: $ 2,645.84 (as of March 2011) Mowing/Clean-up: $ 717.44 Utility Billing: $ 327.01 (Write -Off) 8) 417 N. 3 St. (Single - Family Dwelling in a R -1 Low- Density Residential Zone) HCAD: #023 - 208 - 088 -0025 Legal Description: Blk. 88; Lots 24 -26; La Porte Improvements: $21,602.00 (per HCAD) Taxes Owed: 0 (as of March 2011) Mowing/Clean-up: $ 180.00 Utility Billing: $ 273.30 (Write -Off) • Page 2 Substandard Bldg. List — Spring 2011 Group Page 3 9) 427 N. 4 St. (Single - Family Dwelling in a R -1 Low - Density Residential Zone) HCAD: #023 - 208 - 089 -0029 Legal Description: Blk. 89; Lots 29,30; La Porte Improvements: $22,316.00 (per HCAD) Taxes Owed: $ 466.73 (as of March 2011) Mowing/Clean -up: 0 Utility Billing: $ 364.19 (Write -Off) 10) 427 1 /2 N. 4 St. (2 Single - Family Dwelling on Same Lot in a R -1 Low - Density Residential Zone) HCAD: #023 - 208 - 089 -0029 Legal Description: Blk. 89; Lots 29,30; La Porte Improvements: Included with "427" Valuation — Same Legal Taxes Owed: Same Legal "427" — See Amount Noted in #9 Mowing/Clean-up: Same Legal as "427" Utility Billing: Utilizes "427' Water Account 11 307 N. 4 St. (Single - Family Dwelling in a R -1 Low- Density Residential Zone) HCAD: #023 - 204 - 080 -0020 Legal Description: Blk. 80; Lots 17 -21; La Porte Improvements: $11,927.00 (per HCAD) Taxes Owed: $ 819.10 (as of March 2011) Mowing/Clean-up: 0 Utility Billing: $ 228.06 (Write- Off — UB knows as "305 ") 12) 323 N. 10 St. (Single - Family Dwelling in a GC General Commercial Zone) HCAD: #023 - 201 - 074 -0027 Legal Description: Blk. 74; Trs. 27 & 28; La Porte SIGNED VOLUNTARY Improvements: $ 9,005.00 (per HCAD) AS OF 03/28/11 Taxes Owed: $ 184.13 (as of March 2011) Mowing/Clean-up: $ 265.00 Utility Billing: $ 73.29 (Owed) • Page 3 Substandard Bldg. List — Spring 2011 Group Page 4 13) 3831 Pecan Circle (Single - Family Dwelling in a R -1 Low - Density Residential Zone) HCAD: #115 -176- 008 -0016 Legal Description: Blk. 8; Lot 16; Fairmont Park East, S. 1 Improvements: $98,450.00 (per HCAD) Taxes Owed: 0 (as of March 2011) Mowing/Clean-up: $ 826.91 Utility Billing: $ 189.00 (Write -Off) 14) 3246 Andricks Rd. (Single - Family Dwelling in a R -1 Low - Density Residential Zone) HCAD: #081 - 087 - 000 -0105 Legal Description: Blk. 6; Lot 105; Spenwick Place, S.1 Improvements: $37,565.00 (per HCAD) Taxes Owed: $ 1,088.47 (as of March 2011) Mowing/Clean-up: $ 306.40 Utility Billing: 0 • Page 4 Building Owner's Notification List (Spring 2011 Dangerous Building Group) 1) 319 Dwire Dr. (Mobile Home in an R -1 Low - Density Residential Zone) Tax Roll: Kent M & Elda Mae Nacol — 9899 Julian Way, Unit C — Westminster, Co 80031 -3274 Deed: Kent Mark & Elda Mae Nacol — 319 Dwire — La Porte, Tx 77571 2) 2820 D Street (Mobile Home in an R -1 Low - Density Residential Zone) Tax Roll: Kenneth & Frankie J. Cone — 2818 D St. — La Porte, Tx 77571 -6612 Deed: Archie Paul Cone, Jr.; Frankie Joe Cone; Susan Claudette Cone Magouirk & Kenneth Wayne Cone — P. O. Box 3081— Pasadena, Tx 77501 3) 1708 S. Broadway St. (Old Hwy 146) (Non- Residential Bldg. in an R -1 Low - Density Residential Zone) Tax Roll: La Porte Industries, LLC c/o Obaid Uddin — 24133 Hwy. 59; Porter, Tx 77365 -6186 Deed: La Porte Industries, LLC c/o Obaid Uddin — 24133 Hwy. 59; Porter, Tx 77365 -6186 4) 1712 1/2 S. Broadway St. (Old Hwy 146) (Mobile Home in an R -1 Low - Density Residential Zone) Tax Roll: La Porte Industries, LLC c/o Obaid Uddin — 24133 Hwy. 59; Porter, Tx 77365 -6186 Deed: La Porte Industries, LLC c/o Obaid Uddin — 24133 Hwy. 59; Porter, Tx 77365 -6186 5) 536 Bayshore Dr. (Single - Family Dwelling in a NC Neighborhood Commercial Zone) Tax Roll: Michelle Fonteno — 536 Bayshore Dr. — La Porte, Tx 77571 -6400 Deed: Michelle Fonteno — 536 Bayshore Dr. — La Porte, Tx 77571 -6400 6) 111 S. Blackwell St. (Single - Family Dwelling in an R - 1 Low - Density Residential Zone) Tax Roll: Zephra E. Reinitz Brown —112 S. Blackwell St. — La Porte, Tx 77571 -5703 Deed: Zephra E. Reinitz Brown —112 South Blackwell St. — La Porte, Tx 77571 7) 1307 E. Main St. (Single - Family Dwelling in an R - 2 Mid - Density Residential Zone) Tax Roll: Jane Fuqua Lewis — P. O. Box 718 — La Porte, Tx 77572 -0718 Deed: Jane Lewis —1307 East Main St. — La Porte, Tx 77571 Other: Greg Lewis — 7310 Pine Shadows Ln. — Baytown, Tx 77521 8) 417 N. 3 St. (Single - Family Dwelling in an R -1 Low - Density Residential Zone) Tax Roll: Jessie M Baker, Et Al — 227 S. Brownell St. — La Porte, Tx 77571 -5539 Deed: Jessie Mae Baker; Daniel Baker, Jr.; Margo Maxine Baker; John Bartley Baker; Eugenie Elizabeth Baker & Isaac Bruce Baker (Heirs of Daniel Baker) — 227 S. Brownell St. — La Porte, Tx 77571 Other: Jessie M Baker, Et Al —10406 Kirkglen — Houston, Tx 77089 Building Owner's Notification List Con't Page 2 9) 427 N. 4th St. (Single - Family Dwelling in an R -1 Low- Density Residential Zone) Tax Roll: Est. of Lela Thomas c/o Francie Jordan — 427 N 4 — La Porte, Tx 77571 -3423 Deed: McKindley Thomas & Leie (Lelie) Thomas — 427 N 4` St. — La Porte, Tx 77571 -3423 Other: Est. of Lela Thomas c/o Francie Jordan —1601 Garth Rd. #1603 — Baytown, Tx 77520 10) 427 Y2 N. 4 St. (2n Single - Family Dwg. on Same Lot in an R -1 Low - Density Residential Zone) Tax Roll: Est. of Lela Thomas c/o Francie Jordan — 427 N 4 — La Porte, Tx 77571 -3423 Deed: McKindley Thomas & Leie (Lelie) Thomas — 427 N 4 St. — La Porte, Tx 77571 -3423 Other: Est. of Lela Thomas c/o Francie Jordan —1601 Garth Rd. #1603 — Baytown, Tx 77520 11) 307 N. 4 St. (Single - Family Dwelling in an R -1 Low - Density Residential Zone) Tax Roll: Trudie D. Thomas — 307 N. 4 St. — La Porte, Tx 77571 -3421 Deed: Trudie D. Thomas — 307 N. 4 St. — La Porte, Tx 77571 Other: Trudie D. Thomas c/o Elizabeth H Abner —14318 Beau Harp Dr. — Houston, Tx 77049 -3600 12) 323 N. 10 St. (Single - Family Dwelling in a GC General Commercial Zone) Tax Roll: Gregory Cox — 323 N. 10 St. — La Porte, Tx 77571 -3103 Deed: Gregory John Cox — 323 N 10 St. — La Porte, Tx 77571 Other: Gregory Cox — 141 Skylark Dr. — Downsville, La 71234 13) 3831 Pecan Circle (Single- Family Dwelling in an R -1 Low - Density Residential Zone) Tax Roll: Barbara A. Goforth — P. O. Box 1732 — La Porte, Tx 77572 -1732 Deed: Barbara A. Goforth — 3831 Pecan Circle — La Porte, Tx 77571 Other: Midland Mortgage — P. O. Box 26648 — Oklahoma City, OK 73126 14) 3246 Andricks Rd. (Single- Family Dwelling in an R -1 Low - Density Residential Zone) Tax Roll: Virginia Lee Daniel — 3246 Andricks Rd. — La Porte, Tx 77571 -3816 Deed: Virginia Lee Daniel — 3246 Andricks Rd — La Porte, Tx 77571 -3816 • City of La Porte DANGEROUS BUILDING INSPECTION FORM • DATE: 2 -21 -2011 STREET ADDRESS: 319 DWfRE DR OWNER: KENT M $ ELDA MAE NACOL, 9899 JULIAN WAY UNIT C. WESTMINSTER CO 80031 -3274 DEED OWNER: KENT MARK & ELDA MAE NACOL, 319 DWIRE, IA PORTE, TX 77571 OTHER LEGAL: BLK 5, LT 4, BAY OAKS OCCUPANCY TYPE: RES ZONING: R -1 NON - CONFORMING ISSUES: MOBILE HOME IN R -1 ZONE FACILITIES AVAILABLE: WATER X SEWER X ELECTRICAL: X GAS: X NO.OF DWELLING UNITS: 1 VACANT: X OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: Sec. 82 -473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure shall be considered dangerous orsubstandard whenever it is determined by the Board, that any or all of the following is applicable: .4 1. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; 2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; J 3. Whenever any portion or member or appurtenance thereof is nicely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; 4 4. Whenever the building or structure, or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; Ni 5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being tup'1; • Dangerous Buildings Inspection Form Page 2 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; ) 7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is Rely to cause siclatess or disease; 8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire - resistive construction, faulty electric wiring. gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever It is determined by the Board, that any or all of the following Le applicable: -4 1. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; 2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (e) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; si 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS O BOARD OF INSPECTION: SELECT OPTION 112 ; (NOT REPAIRABLE — RESIDENTIAL) IN ACCORDANCE WITH THE CITY' D ANGEROUS BIIdG REOIT LATIONS THE 2009 INTERNATIONAL RESIDENTIAL CODE AND THE 2008 NATIONAL ELECTRICAL CODE. AS ADOPTED, AMENDED AND ENACTED BY CITY ORDINANCES #04 -2700. #962079 -1( ANIa #96- 2079 -L USING THE REGULATI s NS AND CODE .4S ITS GUIDE. IT IS THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD THAT THIS BUILDING IS IN FACT IANGEROUS. BUT NOT REPAIRABLE. AND l_! : r s- 0 IS IA) 1,1S B el' O i• • VW IC ,dt.l ts.LJ. OUSING STANDARDS DZBMED ESSENTIAL FOR SAFE AND HEALTHFUL LIVING FORA RESIDENTIAL OCCUPANCY AND IS A THREAT TO PUBLIC SAFETY. HEALTH AND THE GENERAL WELFARE OF THE CITIZENS OF LA PORTE. X 4aLUAL 7 .4;1 viAt.. - a1 z o // BUILDING OFFICIAL'S OFFICE DATE XC � A �3 / t / fI FIRE MARSHAL'S OFFICE DATE X 4J/19 age,Cd B /VII FIRE CHIEFS OFFICE DATE ri c F fy ' n � } Dangerous Building Inspection Form Page 3 • • BUILDING EVALUATION CHECKLIST A • Adequate D = Deficient N/A = Not Applicable I. STRUCTURAL COMMENT / EXPLANATION A. Foundation 1. Slab N/A • 2. Pier & Beam a. Footings D SHIFTING b. Sills D ROT c. Joists ROT B. Walls 1. Exterior D HOLES. ROT 2. Interior UNK UNABLE TO ACCESS C. Means of Egress 1. Doors a. Interior UNK UNABLE TO ACCESS b. Exterior UNK BACK DOOR)OARDED UP 2. Porches, Steps, Stairs D MISSING HAND RAILS .UNEVEN 3. Windows D MISSING D. Roof 1. Was D ROT 2. Deck, Shingles D ROT • E. Ceilings 1. Joists UNK UNABLE TO ACCESS 2. Ceiling UNK UNABLE TO ACCESS F. Floors UNK UNABLBTOACCESS G. Other -•- 11. MEHCANICAL SYSTEMS A. Electrical 1. Service Entrance & Panel D SERVICE POLE FALLING OVER 2. Wiring D EXPOSED TO WEATHER 3. Lights, Switches • EXPOSED TO WEATHER 4. Outlets D DOSED TO WEATIIER 5. Other Plumbing 1. Fixtures a. Sink UNK UNABLE TO ACCESS b. Lavatories UNK UNABLE TO ACCESS c. Water /Closets UNK UNABLE TO ACCESS d. Tub/Shower UNK UNABLE TO ACCESS e. Water Heater UNK UNABLE TO ACCESS 2. Water Piping UNK UNABLE TO ACCESS & Vent UNK UNABLE TO ACCESS 4. Sewer /Septic tank UNK UNABLE TO ACCESS 5. Gas System UNK UNABLE TO ACCESS B Heating & A/C 1. Heating UNK UNABLE TO ACCESS 2. Air Conditioning UNK UNABLE TO ACCESS 111. PROPERTY CONDITIONS 1. Accessory Structures D _ (2) BOTH ROTTED 2. Condition of Grounds D WEEDS. DEBRIS 3. Other • Comments: S:1City Planning Sharc104dNSPECf1ONS DIVISIONIAIL OTHER STUFFCCodo Eaforcom eottDang Bu$d ogs12011319 DW1RE INSP FORM.doc • • • City of La Porte • DANGEROUS BUILDING INSPECTION' FORM DATE: 2 -21 -2011 STREET ADDRESS: 2820 D ST OWNER: KENNETH & FIANKIE 5. CONE, 2818 D ST.. LA PORTE. TX 77571 -6612 DEED OWNER: ARCHIE PAUL CONE. JR FRANKIE JOE CONE, SUSAN CLAUDETTE CONE MAGOUJRK & KENNETH WAYNE CONE, P O BOX 3081, PASADENA, TX 77501 OTHER: LEGAL: BLK 3, S 30' OF LT 2—PINE BLUFF OCCUPANCY TYPE: RES ZONING: R-1 NON-CONFORMING ISSUES: MOBILE HOME IN R-1 ZONE • FACILITIES AVAILABLE: WATER X SEWER X ELECTRICAL: X GAS: _ X NO.OF DWELLING UNITS: 1 VACANT` X OCCUPIED: AS REQUIRED IN THE CITY'S LODE OF ORDINANCE, CHAPTER 82; ARTICLE VI17, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: • Sec. 82 - 473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: • _1. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; 2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; 4 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; • 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building, (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely - to partially or completely collapse; J 5. Whenever, for any reason, the building or structure, or any portion thereof is manifestly unsafe for the purpose of which it is being used • • Dangerous Buildings Inspection Fo:m Page 2 4 b, Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (e) enable persons to resort thereto for the purpose of committing unlawful acts; 4 7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or Otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is - iikely to cause sickness or disease; 8. Whenever any building or structure, because of obsolescencei, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fur- resistive construction, faulty electric wiring, gas connections, or healing apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: . 4 1. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; 4 2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; 4 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF ,SELECT OPTION #2: _SNOT REPAIRABLE — RESIDENTIAL) IN ACCORDANCE WITH TILE CITY'S DANGEROUS BUILDING REGULATIONS. THE 2009 INTERNATIONAL RESIDENTIAL CODE AND THE 2008 NATIONAL ELECTRICAL CODE. AS ADOPTED. • r ■ED • • A • :YC • ;a l AN #s 271,1 '6 -2'7'- i '6- 07•- . j ! G RE GULATIO N S AND CODE AS ITS GUID 1 IS THE OPINION OF TFTE DANGEROUS BUILDING !►SP TION :O • s 0,i5 : 1 'INGIS DANG•' •US I OT • _' 1• _ :�!► �HOUI ? BE DEMOLISI1BD TF[IS BUILDING DOES NOT PROVIDE THE BASIC MINIMt)M HOUSING S ANDARDS 'EE 1 • ' •OR 1 VgaL LtAt.. OR ID 4.00 110. S • r • P AFE ,1.: • • a +' ' ,_L OF THE CITIZENS OF LA FORTE. BU ILDING OFFICE �� DATE - FIRE • C HAL'S OFFICE DATE X 11)-4• % 3f t /�I FIRE CFIIEFS OFFICE DATE • Dangerous Building Inspection Form Page 3 BUILDING EVALUATION CHECKLIST A = Adequate D Deficient NIA = Not Applicable • 1. STRUCTURAL COMMIT / EXPLANATION A. Foundation 1. Slab N(A 2. Pier & Beam L Footings D SHIFTING b. Sills UNK c. Joists UNK B. Walls 1. Exterior A_ 2. Interior D DE- LAMINATING C. Means of Egress • 1. Doors a. Interior A_ b. Exterior D FRONT DOOR DOWN. BRD UP 2. Porches, Steps, Stairs D BACK PORCH MISSING. FRONT STEPS )3ROKEN 3. Windows p EROKEN PANES • D. Roof 1, Rafters tfiTK 2. Deck, Sbingles UNK E. Ceilings 1. Joists UNK 2. Ceiling A- K Floors D FLOOR DECK ROT G. Otber II MEHCANICAL SYSTEMS A. Electrical 1. Service Entrance . & Panel D yALLING OFF POLE 2. Wiring D OPEN TO WEATHER 3. Lights, Switches � OPEN TO WEATHER 4. Outlets D OPEN TO WEATHER 5. Other B. Plumbing 1. Fixtures a, Sink Tom_ UNABLE TO ACCESS b. Lavatories UNK _ UNABLE TO ACCESS c. Water /Closets UNK UNABLE TO ACCESS d. Tub/Shower UNK UNABLE TO ACCESS e. Water Heater UNK UNABLE TO ACCESS 2. Water Piping UNK UNABLE TO ACCESS 3, Drain, Waste & Vent UNK UNABLE TO ACCESS 4. Sewer /Septic tank UNK UNABLE TO ACCESS 5. Gas System UNK UNABLE TO ACCESS C. Heating & A/C 1. Heating UNK 2. Air Conditioning N(A CENTRAL ATR UNIT GONE M. PROPERTY CONDITIONS 1. Accessory Structures A 2. Condition of Grounds A 3. Other Comments: • S:1City Ptmniag Shere\p4- INSPECTIONS DIVISION ALL OTHER STUFFICode Enforcement\Dmg Buildings120112&20 D ST INSP FORM.doc • • • City of La Porte • • DANGEROUS BUILDING INSPECTION FORM • DATE: 2 -21 -2011 STREET ADDRESS: 1708 S. BROADWAY (OLD HWY 146) OWNER LA PORTE INDUSTRIES, LLC. % OBAID UDDIN, 24133 HIGHWAY 59. PORTER. TX 77365.6186 DEED OWNER; LAPORTE INDUSTRIES. LLC. % OBAID UDDIN, 24133 HIGHWAY 59. PORTER, TX 77365 -6186 OTHER LEGAL: BLK 1446, TRS 17-23. LA PORTE OCCUPANCY TYPE: NON -RES ZONING: R -1 NON- CONFORMING ISSUES: NON - RESIDENTIAL BUILDING IN R-1 ZONE FACILITIES AVAILABLE: WATER X SEWER X F.LFCTRICAL: X GAS: X NO.OF DWELLING UNITS: NIA • VACANT: X OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS TN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: • Sec. 82 -473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Strictures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: Ni 1, A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; 2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; 4 5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used; • Dangerous Buildings Inspection Form Page 2 '1 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; 7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; 8. Whenever any building or stricture, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire- resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or 'substandard whenever it is determined by the Board, that any or all of the following is applicable: - 4 1. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; 2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; 3. Whenever any installation or any portion thereof which is datnaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hanud to life, health, property or safety. FINDINGS AND • CONCLUSIONS OF TTIE BOARD OF INSPECTION: SELECT OPTION #3: (NON - RESIDENTIAL) • IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING • • GIJLATTONS. THE 2009 EHIERNATIONAL BUILDING CODE AND THE 2008 NATIONAL ELECTRICAL CODE,AS ADOPTED, AMENDED AND ENACTED BY CITY ORDINANCES #04 -270Q. #96- 2079 -K AND #96- 207,,. USING THE ) BOULAT IONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF THE DANGEROUS BUILDING RISPECTION BOARD THAT THIS BUILDING IS IN FACT DANGEROUS. BUT STILL REPAIRABLE, ALL • REQUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITT{ ALL APPLICABLE CITY OF LA PORTS CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH WITHIN THE TIMETABLE SET OUT IN ARTICLE VIII, SECTION 82 -478. IT IS THEN THE OPINION OF THIS BOARD THAT THIS BUILDING BE DEMOLISHED. • X Q 2./.1, .% 1/2 //r/ BUILDING OFFICIAL'S OFFICE DATE ; 474( � 1 MARSHAL'S OFFICE ATE X lcI. 3 /1/tt FIRE CHIEF'S OFFICE DATE Dangerous Building Inspection Form Page 3 BUILDING EVALUATION CHECKLIST A = Adequate D = Deficient N/A s Not Applicable I. STRUCTURAL COMMENT /EXPLANATION • A. Foundation 1. Slab UNK 2. Pier & Beam a. Footings N/A b. Sills NIA c. Joists N/A _ B. Walls 1. Exterior p HOLE 2. Interior LINK C. Means of Egress 1. Doors a. interior UNK b. Exterior A 2. Porches, Steps, Stairs N/A 3. Windows D BROKEN PANES D. Roof 1. Rafters UNK 2. Deck, Shingles D LEAKING E. Ceilings 1. Joists UNK 2. Ceiling COLLAPSED IN 2 PLACES F. Floors UNK G. Other IL jv1EHCANICAL SYSTEMS A. Electrical • 1. Service Entrance & Panel 2. Wiring UNK UNABLE TO ACCESS 3. Lights, Switches p EXTERIOR FLUORESCENT TUBES UNPROTECTED 4. Outlets D UNABLE TO ACCESS 5. Other B. Plumbing 1. Fixtures a. Sink UNK UNABLE TO ACCESS b. Lavatories UNK UNABLE TO ACCESS c. Water /Closets UNK UNABLE TO ACCESS d. Tub/Shower UNK UNABLE TO ACCESS e. Water Heater UNK UNABLE TO ACCESS 2. Water Piping UNK UNABLE TO ACCESS 3. Drain, Waste & Vent UNIT UNABLE TO ACCESS 4. Sewer /Septic tank UNK UNABLE TO ACCESS 5. Gas System UNK UNABLE TO ACCESS C. Heating & A/C .1. Heating UNK 2. Air Conditioning UNK )II. PROPERTY CONDITIONS • 1. Accessory Structures D TRAVEL TRLR • 2. Condition of Grounds A 3. Other Comments: S:1City Planning Shan104- INSPECTIONS DIVISION ALL OTHER S7UFFVCode EnforcemeatiDang Buiidtngs12O11 1708 S BROADWAY INS? FORMAN) City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: 2 -21 -2011 STREET ADDRESS: 1712 1t2 S. BROADWAY • OWNER: LA PORTE INDUSTRIES, LLC % OBAID UDDIN. 24133 HIGHWAY 59. PORTER TX 77365 -6186 DEED OWNER LA PORTE INDUSTRIES. LLC. %OBAJD UDDIN. 24133 HIGHWAY 59. PORTER. TX 773654186 OTHER LEGAL: BLK 1446. LTS 11-6 & TR A. LAPORTE . OCCUPANCY TYPE: RES ZONING: R-) NON - CONFORMING ISSUES: MOBILE HOME IN R -1 ZONE • • FACILITIES AVAILABLE: WATER X SEWER X ELECTRICAL: X GAS: X NO.OF DWELLING UNITS: 1 VACANT: X OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: • Sec. 82 -473. Declaration of Public Nuisance and Hazard. • A. Dangerous or Substandard Buildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: �( 1. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; 2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; 4. Whenever the building or structure, or any portion thereof; because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building, (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used; • • Dangerous Buildings Inspection Form page 2 4 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; 7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; 4 8. Whenever any building or structure, because of obsolescence, dilapidated • condition, deterioration, damage, inadequate exits, lack of sufficient fire- resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: 4 1. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; 4 2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; �( 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property - or safety; 4 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: SELECT OPTION #2: (NOT REPAIRABLE — RESIDENTIAL IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS. THE 2009 jNTERNATIONAL RESIDENTIAL CODE AND THE 2008 NATIONAL ELECTRICAL CODE. AS ADOPTED, AMENDED AND ENACTED BY CITY ORDINANCES 404- 2700. #96- 2079 -3( AND #96-2079-L, USING TIM REGULATIONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD THAT THIS BUILDING IS IN FACT DANGEROUS. BUT NOT REPAIRABLE. AND S 0 _ , :EDEM/LIS i ► THISB 1 • *ES NO 'R• ;PE THE :;S C. iiJj 'USING STANDARDS DEEMED ESSENTIAL FOR SAFE AND HEALTHFUL LINING FORA RESIDENTIAL OCCUPANCY AND IS A THREAT TO PUBLIC SAFETY. HEALTH AND THE GENERAL WELFARE OF THE CITIZENS OF LA PORTE, X Q-I Ul:Alejlte— ' /I/ BUILDING OFFICIAL'S OFFICE DATE • X (lL.: 3 /i/r FIRE MARSHAL'S OFFICE DATE • X .r • *It/ 3 / / /fi FIRE CHIEF'S OFFICE DATE • • Dangerous Building Inspection Per Page 3 Perin JUILDING EVALUATION CHECKLIST A • Adequate D = Deficient N/A = Not Applicable L STRUCTURAL COMMENT / EXPLANATION A. Foundation • I. Slab 2. Pier & Beam a. Footings D SHIFTING b. Sills c. Joists p ROT B. Walls 1. Exterior UNK NO VISIBLE SIGNS 2. Interior UNK NO VISIBLE SIGNS C. Means of Egress I. Doors a. Interior D NONE b. Exterior D ROT 2. Porches, Steps, Stairs D ROT 3. Windows • D. Roof I. Rafters UNK UNABLE TO VIEW 2. Deck, Shingles p LEAKS E. Ceilings I. Joists LINK UNABLE TO VIEW 2. Ceiling D LEAKS F. Floors D ROT G. Other • II. MEIICANICAL SYSTEMS A. Electrical 1. Service Entrance & Panel D SERVICE POLE FALLING 2. Wiring D EXPOSED 3. Lights, Switches D HANGING DOWN 4. Outlets D PLATES MISSING 5. Other B. Plumbing 1. Fixtures a. Sink �^ b. Lavatories A c. Water /Closets A d. Tub/Shower A e. Water Heater A 2. Water Piping A 3. Drain, Waste & Vent s�- 4. Sewer /Septic tank A 5. Gas System A C. Heating & A/C 1. Heating UNK 2. Air Conditioning N/A NONE • III. PROPERTY CONDITIONS 1. Accessory Structures D 0513 UNPROTECTED 2. Condition of Grounds D DEBRIS 3. Other Comments: &1C ity Planning Share.04- INSPECTIONS DIYISIO•IALL OTHER STUFF Code FnforcernenttDang Buildings \2011 1712.5 S BROADWAY 1NSP FORM.doo • City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: 2- 21-2011 STREET ADDRESS: 536 BAYSHORE DR. OWNER: MICHELLE FONTENO. 536 BAYSHORE DR.. LA PORTE. 'IX 77571 -6400 DEED OWNER: MICHELLE FONTENO. 536 BAYSHORE DR.. LA PORTE.'IX 77571 -6400 OTHER: LEGAL: BLK 30. LTS 10 -1 1, BEACH PARK OCCUPANCY TYPE: RES ZONING: NC NON - CONFORMING ISSUES: SINGLE FAMILY DWELLING IN A NC ZONE FACILITIES AVAILABLE; WATER X SEWER X ELECTRICAL: X GAS: X NO.OF DWELLING UNITS: I VACANT: X OCCUPIED: AS REQUIRED IN THE CITY'S CODE OP ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: Sec. 82 - 473. Declaration of.PublicNuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: 'J I. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; 2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability' thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; J 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; 5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used; Dangerous Buildings Inspection Form Page 2 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; 7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of Inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; 8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire- resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or ntechanlcal installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: 1. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; -s/ 2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: • SELECT OPTION #1: (REPAIRABLE — RESIDENTIAL) iN ACCORDANCE WITIIJHE CITY'S DANGEROUS BUILDING REGULATIONS. THE 2009_ INTERNATIONAL RESIDENTIAL CODE AND THE 2008 NATIONAL ELECTlUCAL CODE. AS ADOPTED, AMENDED AND ENACTED BY CITY O$DINANCES #04 -2700. #96- 2079 -I( AND #96- 2079 -L. USING THE • .0 ONS ie Rs GUID: T S t O' t s • • GI r ; A' O S B t DING INS PI? ON BOARD THAT THIS BUILDING IS IN FACT DANGEROUS. BUT STILL REPAIRABLE. ALL •,s t "D i": s' :i• It a ,; L : • D• t s e' 'ANCEWI'THAL AP'LI AB B CITY OF LA PORTE CODES..AND ORDINANCES, IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH WITHIN THE TIMETABLE SET OUT IN ARTICLE VIIL SECTION 82-478.1T IS THEN Tom' HI OP] ON NI OF THIS BQ�R�THAT THIS BUILDING BE DEMOLISRED Vi 6 0/ //l BUILDING OFFICIAL'S OFFICE DATE X • bt ( 'S OFFICE DATE x t t ) -m . 3 (f((t FIRE CHIEFS OFFI DATE • Dangerous Building Inspection Form Page 3 • BUILDING EVALUATION CHECKLIST A a Adequate D Q Deficient N/A =Not Applicable . L ,STRUCTURAL COMMENT / EXPLANATION A. Foundation 1. Slab N/A 2. a. r &Beam • Footings D SHIFTING b. Sills A SHIFTING c. Joists ROT B. Walls 1. Exterior ROT. 2. Interior UNK UNABLE TO ACCESS C. Means of Egress 1. Doors a. Interior UNK UNABLE TO ACCESS • b. Exterior D ROT 2. Porches, Steps, Stairs D MOLES. ROT 3. Windows D ROT• • D. Roof 1. Rafters p FACIA ROT 2. Deck, Shingles p SHINGLES MISSING. • E. Ceilings 1. Joists UNK UNABLE TO ACCESS 2. Ceiling UNK UNABLE TO ACCESS F. Floors UNK UNABLE TO ACCESS G. Other II. MEHCANICAL SYSTEMS A. Electrical 1. Service Entrance & Panel p PANEL HAS OPENINGS 2. Wiring UNK UNABLE TO ACCESS 3. Lights, Switches UNK UNABLE TO ACCESS 4. Outlets UNK UNABLE TO ACCESS 5. Other B. Plumbing • 1. Fixtures a. Sink UNK UNABLE TO ACCESS b. Lavatories UNK UNABLE TO ACCESS c. Water /CIosets UNK UNABLE TO ACCESS d. Tub/Shower UNK UNABLE TO ACCESS • e. Water Heater UNK UNABLE TO ACCESS 2. Water Piping UNK UNABLE TO ACCESS 3. Drain, Waste & Vent UNK UNABLE TO ACCESS 4. Sewer /Septic tank UNK UNABLE TO ACCESS 5. Gas System UNK UNABLE TO ACCESS C. Heating & A/C 1. Heating UNK UNABLE TO ACCESS 2. Air Conditioning UNK WINDOW UNITS EXIST p1. PROPERTY CONDITIONS 1. Accessory Strictures p CARPORT HAS ROT 2. Condition of Grounds _ DEBRIS 3, Other Comments: $:Vity Plannlae Share104.1NSPECIIONS DIYISIOTALF. OTHER STOFFVCode Enforcementlihng Buildingsr2011536 BAYSHORE DR IMP FORM.doe • City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: 2 -21 -2011 STREET ADDRESS: 111 S. BLACKWELL ST. OWNER; ZEPHRA E. REINITZ BROWN. 112 S. BLACKWELL ST, LA PORTE. TX 77571 -5703 DEED OWNER ZEPHRA E. REINITZ BROWN. 112 SOUTH BLACKWELL. LA PORTE. TX 77571 OTHER: LEGAL: BLK 85. LTS 6 -7. BAYFRONT TO LA PORTE • OCCUPANCY TYPE: RES ZONING: R -1 NON-CONFORMING ISSUES: FACILITIES AVAILABLE: WATER X SEWER X ELECTRICAL: X GAS: X NO.OF DWELLING UNITS: 1 • VACANT: X OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: Sec. 82 - 473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: 1. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; 2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure parsons or damage property; \l 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; 5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose which it is being used; • • Dangerous Buildings Inspection Form Page 2 J 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; 7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation.or in such a condition that is - Iikely to cause sicloness or disease; i 8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire- resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: NI 1. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; 4 2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (0) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety. WINGS AND CONCLUSIQNS OF THE BOARD OF INSPECTION: SELECT OPTION #11: (REPAIRABLE — RESIDENTIAL) IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS. THE 2009 • RNATIONAL RESIDENTIAL CODE AND THE 2008 NATIONAL ELECTRICAL CODE. AS ADOPTED, AMENDED AND ENACTED BY CITY ORDINANCES #04- 2700. #96- 2079 -K AND #96- 2079 -L. USING THE REGULATIONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD THAT THIS BUILDING IS IN FACT DANGEROUS. BUT STILL REPAIRABLE. ALL RE •UIRED • •P • '• • AL • • , s L 1E D • ,, IN CCO 'ANC' ALL APP CITY OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH WITHIN THE TIMETABLE SET OUT IN ARTICLE VIII. SECTION 82-478. IT IS THEN THE OPINION OF TIES BOARD THAT THIS BUILDING BE DEMOLISHED. . 1 01104 tai /// BUILDING OFFICIAL'S OFFICE DATE X ( 1' �t�l l FIRE HAL'S OFFICE DATE X jd)411. SiI 1 i FIRE CHIEFS OFFICE DATE Dangerous Building Inspection Form Page 3 BUILDING EVALUATION CHECKLIST • A = Adequate D = Deficient N/A Not Applicable L STRUCTURAL COMMENT / EXPLANATION A. Foundation 1. Slab N/A 2. Pier & Beam a. Footings D SHIFTING b. Sills D ROT c. Joists A ROT B. Wails 1. Exterior D ROT. WALL SEPARATING 2. Interior A - C. Means of Egress 1. Doors a. Interior UNK b. Exterior p CITY BOARD UP 2. Porches, Steps, • Stairs D ROT 3. Windows 1) ROT (4; WINDOW FRAMES D. Roof 1. Rafters UNK NOT VISIBLE 2. Deck, Shingles D SHINGLES MISSING, E. Ceilings 1. Joists UNK NOT VISIBLE 2. Ceiling D LEAKS F. Floors J) BUCKLING • G. Other II. MEHCANICAL SYSTEMS A. Electrical 1 . Service Entrance & Panel A 2 . Wiring D J.AYNG ON GROUND 3 . Lights, Switches UNK UNABLE TO ACCESS 4. Outlets UNK UNABLE TO ACCESS S . Other _ B. Plumbing 1. Fixtures a. Sink UNK UNABLE TO ACCESS b. Lavatories UNK UNABLE TO ACCESS c. Water /Closets UNK UNABLE TO ACCESS d. Tub/Shower UNK UNABLE TO ACCESS e. Water Beater D RUSTED. EXPOSED TO WEATHER 2. Water Piping UNK UNABLE TO ACCESS 3. Drain, Waste & Vent UNK UNABLE TO ACCESS 4. Sewer/Septic tank UNK UNABLE TO ACCESS 5. Gas System UNK UNABLE TO ACCESS C. Heating & A/C 1. Heating UNK 2. Air Conditioning N/A NONE III. PROPERTY CONDITIONS 1. Accessory Structures D ACC BLDG -ROOF HAS ROT 2. Condition of Grounds A • 3. Other Comments: S: ' P ,.'s_ 1 'E I *NS SI•,L,_. • bi .: LJii._de t1D ,:Bul din _a 0 B 1. INSP FORMdoc • City of La Porte • DANGEROUS BUILDING INSPECTION FORM DATE: 2 -21 -2011 STREET ADDRESS: 1307 E. MAIN OWNER JANE FUOUA LEWIS. P. 0. BOX 718. LA PORTE. TX 77572-0718 DEED OWNER JANE LEWIS. 1307 EAST MAIN ST. LA PORTE. TX 77571 OTHER: GREG LEWIS. 7310 PINE SHADOWS LN. BAYTOWN, TX 77521 LEGAL: BLK 989, LT 8 -16, LA PORTE OCCUPANCY TYPE: RES ZONING: ' R -2 NON-CONFORMING ISSUES: FACILIIS AVAILABLE: WATER X SEWER X ELECTRICAL: X GAR: X • NO.OF DWELLING UNITS: 1 VACANT: X OCCUPIED : AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPEC'T'ION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: • Sec. 82 -473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: 1. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; 2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; ' 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building, (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; J 5. Whenever, for any reason, the building or structure, or any portion thereof is manifestly unsafe for the purpose of which it is being used; Dangerous Buildings Inspection Form `x p y F �s Page 2 • z2s'Ssfi, SS;: the bi iiding or structure ties b 6. Whenever e so damaged by fire, wind, earthquake, or flood, or has become so dilapidated for dcte to become (a) a public nuisance, (b) a harbor for vagrants, r o as to (c) enable persons to resort thereto for the purpose of committing unlawful acts, f c ; i, 7 Whenever a building or structure used or intended to be used for dwelling purposes, because of inadequate niamtenauce dilapidation; decay, damage, faulty .• construction or arrangement, inadequate light, air; or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation. or in such a condition that is likelyto cause sickness;or disease 4 8 Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration; damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it Is determined by the Board, that any or all of the following is applicable: 4 1. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; 2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: SELECT OPTION #1: (REPAIRABLE — RESIDENTIAL) IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS. THE 2009 INTERNATIONAL RESIDENTIAL CODE AND THE 2008 NATIONAL ELECTRICAL CODE. AS ADOPTED, • 1,1:11.1 DE a • 1► ENAC D B M ORD 1 ANCES #04 - 2700. • • 6- 207 • -K AND #96- 1 ' -L. USING THE REGULATIONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD THAT THIS BUILDING IS IN FACT DANGEROUS. BUT STILL REPAIRABLE. ALL REC i�IRTD RJPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH WITHIN THE TIMETABLE SET OUT IN ARTICLE VIII, SECTION 82 -478. IT IS THE1' THE OPINION OF THIS BOARD THAT THIS BUILDING BE DEMOLISHED. • . - ?11:141 14 z%,(2, BUILDING OFFICIAL'S OFFICE DATE R it --- 3 / t /(1 HAL'S OFFICE DATE x ..),11'1. Ne - 1))1) FIRE CHIEFS OFFI j D TE Dangerous Building Inspection Fonn Page 3 BUILDING EVALUATION CHECKLIST A =Adequate D = Deficient N/A = Not Applicable I. STRUCTURAL COMMENT /EXPLANATION A. Foundation 1. Slab N/A 2. Pier & Beam - a. Footings A b. Sills UNK NOT VISIBLE c. Joists UNK NOT VISIBLE B. Walls 1. Exterior �- 2. Interior UNK UNABLE TO ACCESS C. Means of Egress 1. Doors a. Interior UNK UNABLE TO ACCESS b. Exterior A 2. Porches, Steps, Stairs A • 3. Windows A D. Roof 1. Rafters D ROT 2. Deck, Shingles D SI-TINGLES MISSING. FACIA ROT E. Ceilings 1. Joists UNK NOT VISIBLE 2. Ceiling � TAILING IN SEVERAL SPOTS F. Floors UNK UNABLE TO VIEW G. Other TI. JvMEFICANICAL SYSTEMS A. Electrical 1. Service Entrance & Panel p NO DEAD FRONT 2. Wiring UNK UNABLE TO ACCESS 3. Lights, Switches UNK UNABLE TO ACCESS 4. Outlets UNK UNABLE TO ACCESS 5. Other B. Plumbing 1. Fixtures a. Sink UNK UNABLE TO ACCESS b. Lavatories UNK UNABLE TO ACCESS c. Water /Closets UNK UNABLE TO ACCESS d. Tub/Shower UNK UNABLE TO ACCESS e. Water Heater UNK UNABLE TO ACCESS 2. Water Piping UNK UNABLE TO ACCESS 3. Drain, Waste & Vent UNK UNABLE TO ACCESS 4. Sewer /Septic tank UNK TUNABLE TO ACCESS 5. Gas System UNK UNABLE TO ACCESS C. Heating & A/C • 1. Heating UNK UNABLE TO ACCESS 2. Air Conditioning UNK EXISTING UNIT ' III. PROPERTY CONDITIONS 1. Accessory Structures D j3) ACC BLDOS: BAD ROOFS & ROT 2. Condition of Grounds A 3. Other Comments: SEPTIC TANK ON SITE ' P1. in Sharc104 -IN PE tl) • DI St., : L f h! ' Enfo .. entaDan_ B 'Id' e1 130 E e SP FORM.doc • City of La Porte DANGEROUS BUILDING INSPECTION FORM • • DATE: 2 -21 -2011 STREET ADDRESS: 417 N. 3RD ST. OWNER: JESSJB M. BAKER, ETAL, 227 S. BROWNELL ST., LA PORTE, TX 77571 -5539 DEED OWNER: JESSIE MAE BAKER: DANIEL BAKER, JR: MARGO MAXINE BAKER: JOHN BARTLEY BAKER, EUGENIE ELIZABETH BAKER: & ISAAC BRUCE BAKER (HEIRS OF - DANIBL BAKER):227 S. BROWNELL ST. LA PORTE, TX 77571 OTHER:JESSIE M. BAKER, ETAL, 10406 KIRKOLEN, HOUSTON TX 77089 LEGAL: BLK 88, LTS 24 -26, LA PORTE OCCUPANCY TYPE: RES ZONING: R -1 NON - CONFORMING ISSUES: FACILITIES AVAILABLE: WATER X SEWER X ELECTRICAL: X GAS: X NO.OF DWELLING UNIn: 1 VACANT: X OCCUPIED: AS REQUIRED IN THE CITY"S CODE OF ORDNANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEM OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: Sec. 82 - 473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: -4 1. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; 2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; tit 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is.likely to partially or completely collapse; • 1 S. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used; • Dangerous Buildings Inspection Form Page 2 4 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; 4 7. Whenever a building or stricture, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation,or in such a condition that is Iikely to cause sickness or disease; • NI 8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire- resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: 1. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; • NI 2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; ' 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; 1t 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: SELECT OPTION #1: (REPAIRABLE — RESIDENTIAL) IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS. THE 2009 INTERNATIONAL RESIDENTIAL CODE AND TFIE 2008 NATIONAL ELECTRICAL CODE. AS ADOPTED AMENDED AND ENACTED BY CITY ORDINANCES #04- 2700. #96- 2079 -1( AND #96-2079-L. USING THE REGULATIONS AND CODE AS ITS GUIDE, IT IS THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD THAT THIS BUILDING IS IN FACT DANGEROUS, BUT STILL REPAIRABLE. ALL REQUIRED REPAIRS OR ALTERATIONS SHAt L BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. 1F1N.E REPAIR OR ALTERATION OR)ERB NOT s iiI'LIED WITH WI a r t„r • • E RUT 1 • ' TI LE a ECTIO :2 V 1 N THIS - BUILDING BE DEMOLISHED. . D.444 2 &Li a/gib BUILDING OFFICIAL'S OFFICE DATE x emir < S////1 FIRE HAL'S OFFICE DATE • X Ik) . m. R vll t i _ FIRE CHIEF'S OFFICE DATE Dangerous Building Inspection Form Page 3 ,7 7 BUILDING EVALUATION CHECKLIST A — Adequate D = Deficient NIA= Not Applicable I. STRUCTURAL COMMENT / EXPLANATION A. Foundation - _ ' I. Slab ` 2. Pier & Beam - a. Footings D SHIFTING • .`b Sil] D R ,, . `:q; foists ± UNK 13... Walls •I Exterior D ROT. 2 Iaterlor 1,3N1C NOT VISIBLE C eans of Egress :I's,' 0M4or a interior UNK , UNABLE TO ACCESS `.b Bxtenor; _ A - 2,. Porches Steps Stairs p PORCH ROT ? 3 Windows p gOT @ WINDOW FRAMES D Roof. :' 4 I. .Rafters UNK 2 Deck, Shingles D • FACIA ROT: BACK ROOF FALLING DT E. Ceilings 1. ,foists UNK NOT VISIBLE 2. Ceiling UNK NOT VISIBLE F. Floors UNK NOT VIS I: LE G. Other II. MEHCANICAL SYSTEMS A. Electrical 1. Service Entrance & Panel 6_—_ 2. Wiring UNK UNABLE TO ACCESS 3. Lights, Switches UNK UNABLE TO ACCESS 4. Outlets UNK UNABLE TO ACCESS 5. Other B. Plumbing 1. Fixtures a. Sink UNK UNABLE TO ACCESS b. Lavatories UNK UNABLE TO ACCESS c. Water /Closets UNK UNABLE TO ACCESS d. Tub /Shower UNK UNABLE TO ACCESS e. Water Heater D EXPOSED TO WEATHER 2. Water Piping UNK UNABLE TO ACCESS 3. Drain, Waste & Vent UNK UNABLE TO ACCESS 4. Sewer /Septic tank UNK UNABLE TO ACCESS 5. Gas System UNK UNABLE TO ACCESS C. Heating & A/C 1. Heating UNK UNABLE TO ACCESS 2. Air Conditioning UNK WINDOW UNIT BT. PROPERTY CONDITIONS 1. Accessory Structures D GARAGE,PEN & STOR BLDG 2. Condition of Grounds D WEEDS & DEBRIS 3. Other Comments: : , i i h 04 -INSP • D 10.►:_.. • 141I: YIl10i for. .en * . , . . - . ; 1 . ' . - . . . 1 0 4 • I + SP PORM.dx • City of Ea Porte • DANGEROUS BTTILDING INSPECTION FORM DATE: 2- 21 -20] ] STREET ADDRESS: 427 N. 4TH ST. OWNER EST OF LELA THOMAS % FRANCIS JORDAN. 427 N. 4T1 LA PORTE, TX 77571 -3423 DEED OWNER MCKINDLEY THOMAS & LEIS (LELIE) THOMAS. 427 N. 4TH ST.. LA PORTE, TX 77571 -3423 OTHER:EST OF LELA THOMAS. %FRANCIE JORDAN. 1601 GARTH RD #1603, BAYTOWN, TX 77520 LEGAL: BLK 89. LTS 29 -30, LA PORTE OCCUPANCY TYPE: RES ZONING: R -1 NON - CONFORMING ISSUES: FACILITIES AVAILABLE: WATER X SEWER X ELECTRICAL: X GAS: X NO.OF DWELLING UNITS: 1 VACANT: X OCCUPIED: • • AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND Dk U RMNNED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: Sec.. 82 -473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure shall he considered dangerous orsubstandard whenever it is determined by the Board, that any or all of the following is applicable: 1. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; 2. • Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially Tess than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; J 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; 5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used; • • Dangerous Buildings Inspection Form Page 2 I 6. Whenever the building or structure has been so &Imaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; 7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause sickness or disease; J S. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire- resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: 1. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; J 2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; 3. Whenever any instaliation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; NI 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: SELECT OPTION 41: (REPAIRABLE — RESIDENTIAL) IN ACCORDANCE WITHJ}IE CITY'S DANGEROUS BUILDING REGULATIONS, THE 2009 INTERNATIONAL RESIDENTIAL CODE AND THE 2008 NATIO1 LL.ECCRICAL CODE. AS ADOPTED, AMENDED AND ENACTED BY CUT ORDINANCES #04- 2700,j196- 2079 -K AND #96- 2079 -L. USING TIE 1O S . J' CO 'EA G is ' M,1 •' 1 • • Vd D;_ GE'OUSB 1 • r S • _ s ON : OARD THAT i S : 1 • _ l+ .' ► _, RO S B) r L " ' . I: ,_: L . L REOUIRED RIXAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE ITY O PO • . COD . • ' • ? i . � 1 i ' ' qv* TE' ; s • _ *RD __ • S NOT 03 CLPLIED WITH WITHIN THE TIMETABLE SET OUT IN AR TICLE VIII, SECTION 82 -478. IT IS TJIEN THE OPINION OF T HIS BOAKn TIiAT THI BUILDING BE DE MOLISHED W lv,94. 1 ` ///) BUILDING OFFICIAL'S OFFICE DATE X (41 ` 31 /I FIRE HAL'S OFFICE DATE x NI. i 3/ ( f i f FIRE CHIEFS OFFICE DATE • FIRE CHIEFS OFFICE DATE Dangerous Building Inspection Form Page 3 BUILDING EVALUATION CHECKLIST A = Adequate D = Deficient N/A = Not Applicable L STRUCTURAL COMMENT / EXPLANATION A. Foundation 1. Stab WA 2. Pier & Beam a. Footings D SHIFTING b. Sills UNK NOT VISIBLE c. Joists UNK NOT VISIBLE B. Walls 1. Exterior D ROT 2. Interior UNK UNABLE TOACCESS C. Means of Egress 1. Doors a. Interior UNK NOT VISIBLE b. Exterior p ROT • 2. Porches, Steps, Stairs D UNLBVEL 3. Windows D Aurig WINDOWS D. Roof 1. Rafters D ROT 2. Deck, Shingles D HOLES; ROT • E. Ceilings 1. Joists UNK UNABLE TO ACCESS 2• Ceiling UNK UNABLE TO ACCESS F. Floors UNK UNABLE TO ACCESS G. Other I1. MEHCANICAL SYSTEMS A. Etectricat 1. Service Entrance & Panel D METER MOUNTED ON ROTTED BOARD 2. Wiring D EXTERIOR UNPROTECTED WIRE 3. Lights, Switches UNK UNABLE TO ACCESS 4. Outlets UNK UNABLE TO ACCESS 5. Other • B. Plumbing 1. Fixtures a. Sink UNK UNABLE TO ACCESS b. Lavatories UNK UNABLE TO ACCESS c. Water /Closets UNK UNABLE TO ACCESS d. Tub/Shower UNK UNABLE TO ACCES e. Water Heater jy OPEN TO WEATHER, FELL OVER 2. Water Piping UNK UNABLE TO ACCESS 3. Drain, Waste & Vent UNK _ UNABLE TO ACCESS 4. Sewer/Septio tank UNK _ UNABLE TO ACCESS 5. Gas System UNK UNABLE TO ACCESS C. Heating & A/C 1. Heating UNK UNABLE TO ACCESS 2. Air Conditioning UNK WINDOW UNITS 111. PROPERTY CONDITIONS 1. Accessory Structures D (fl REAR ACC BLDG. BAD ROOK ROT 2• Condition of Grounds D DEBRIS 3. Other Comments: I. • _MI I 1 I I .l • eJl.i ?( 'stJia.. , _, we.:u•v •*■• 0 5, 1. 1� • City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: 2 -21 -2011 STREET ADDRESS: 427 If2 N. 4TH ST. OWNER: EST OF LELA THOMAS % FRANCIS JORDAN, 427 N. 4111, LAPORTE. TX 77571 -3423 DEED OWNER MCKINDLEY THOMAS & LEIE (LELIE) THOMAS. 427 N. 4TH ST., LA PORTE, TX 77571 OTHER:EST OF LELA THOMAS, %FRANCIE JORDAN, 1601 GARTH RD #1603, BAYTOWN. TX 77520 LEGAL; ELK 89. LTS 29 -30, LA PORTE OCCUPANCY TYPE: RES ZONING: R -1 NON - CONFORMING ISSUES: FACILITIES AVAILABLE: WATER X SEWER X ELECTRICAL: X GAS: X NO.OF DWELLING UNITS: 1 VACANT: X OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VBI, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: Sec. 82 - 473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure shalt be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: d 1. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; 2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; -4 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; Ni 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; • 5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used; Dangerous Buildings Inspection form Page 2 a 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; 7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; 8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fin:- resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: L Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; • 2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; J 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: SELECT OPTION #1: (REPAIRABLE — RESIDENTIAL) )N ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS. THE 2009 ICI' RNATIONAL RESIDENTIAL CODE AND THE 2008 NATIONAL ELECTRICAL CODE, AS ADOPTED, AMENDED AND ENACTED BY CITORDINANCES #04 -2700. #26- 2079 -K AND #96- 2079 -L. USING THE T . S AND ODE ITS G taE M I.0• I.t• tF ,I: GEROU : 11 _0 t G INSPECTION BOARD THAT THIS BULIZING IS IN FACT DANGEROUS. BUT STILL REPAIRABLE. ALL • / . • A. I• .R c. PO B DO 1 A 0• a.• L 'PLI AB Q CITY OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NQT o r r ► V .irlr.0 b i4 _ : _ S. OUT I • a : n v0 82-478 S ,Iu. T OPINION OF THIS BOARD THAT THIS BUSING BE DEMOLIS Q AAN - 17 0 . VAL4i t . '3/4l //f BUILDING OFFICIAL'S OFFICE DATE x � 3/� F HAL'S OFFICE A TE x t() • jII. Ole FIRE CHIEFS OFFICE DATE Dangerous Building Inspection Form Page 3 • BUILDING EVALUATION CHECKLIST A Adequate D = Deficient N/A = Not Applicable I. STRUCTURAL COMMENT / EXPLANATION A. Foundation I. Slab N/A 2. Pier & Beam a. Footings A SHTFTINO b. Sills UNK NOT VISAILE c. Joists UNK NOT VISIBLE B. Wails L Exterior D ROT 2. Interior UNK UNABLE TO ACCESS C. Means of Egress I. Doors a. Interior UNK _ NOT VISIBLE b. Exterior A 2. Porches, Steps, Stairs D ROT & HOLES 3. Windows A D. Roof ].Rafters A ROT 2. Deck, Shingles D HOLES: ROT E. Ceilings 1. Joists UNK UNABLE TO ACCESS 2. Ceiling VW_ UNABLE TO ACCESS F. Floors UNABLE TO ACCESS G. Other II. MEIICANICAL SYSTEMS A. Electrical 1. Service Entrance & Panel A METER MOUNTED ON ROTTED BOARD 2. Wiring LOW SERVICE DROP & UNPROTECTED WIRE 3. Lights, Switches UNIT UNABLE TO ACCESS 4. Outlets UNK UNABLE TO ACCESS 5. Other B. Plumbing I. Fixtures a. Sink UNK UNABLE TO ACCESS b. Lavatories UNK UNABLE TO ACCESS c. Water /Closets UNK UNABLE TO ACCESS d. Tub/Shower UNK UNABLE TO ACCESS e. Water Heater UNK UNABLE TO ACCESS 2. Water Piping UNK UNABLE TO ACCESS 3. Drain, Waste & Vent UNK UNABLE TO ACCESS 4. Sewer /Septic tank IJNK UNABLE TO ACCESS 5. Gas System UNK UNABLE TO ACCESS C. Hea ting & A/C I. Heating UNK _ UNABLE TO ACCESS 2. Air Conditioning UNK WJNDOW UNIT III PROPERTY CONDITIONS J. Accessory Structures WA 2. Condition of Grounds D DEBRIS 3. Other Comments: • A • -- - t. • .KM • la 0.1._. • 5.1N. 1 J , S - I I. ht• FORMA9 • City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: 2-21-2011 STREET ADDRESS: 307 N. 4TH ST. OWNER; TRUDIE D. THOMAS. 307 N. 4TH ST.. LA PORTE. TX 77571 -3421 DEED OWNER: TRUDIE D.THOMAS, 307 N. 4TH ST. LA PORTE. TX 77571 OTHER: TRUDIE D.THOMAS. %ELIZABETH H. ABNER. 14318 BEAU HARP DR. HOUSTON. TX 77044 -3600 • LEGAL: BLK 80. LTS 17 -21, LA PORTE OCCUPANCY TYPE: RES ZONING: R -1 NON - CONFORMINO ISSUES: FACILITIES AVAILABLE: WATER X SEWER X ELECTRICAL: • X GAS: X NO.OF DWELLING UNITS: 1 VACANT: X OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE V111, TILE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: • Sec. 82 -473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. • A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: 1. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; 2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; 3. Whenever any portion or member or appurtenance thereof is•likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; 5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used; • • Dangerous Buildings Inspection Form Page 2 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; J 7, Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; 8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire - resistive construction, faulty electric wiring, gas connections, or beating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following Is applicable: 1. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; 2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: SELECT OPTION #1: (REPAIRABLE — RESIDENTIAL) IN ACCORDANCE WITH THE CITY'S DANGEROUS »UI DING REGULATIONS. THE 2009 INTERNATIONAL RESIDENTIAL CODE AND TDB 2008 NATIONAL ELECTRICAL CODE. AS ADOPTED. AMENDED AND ENACTED By CITY ORDINANCES #04 -2700. #96-2079 -K AND #96-2079.L. USING THE REGULATIONS AND CODE AS ITS GUIDE. IT IS 111E OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD THAT THIS BUILDING IS U4 CT DANGEROUS. BUT STILL REPAIRABLE. ALL REOUIRBD REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE ma • •RTE • • :S .t, • • •IN ' . r s +' :, .� OR _ tt• • • . • I 01' COMPLIED WITH Wff1N THE TIMETABLE SET OUT IN ARTICLE VIII. SECTION 82 -478. IT IS THEN THE OPINION OP THIS BOARD THAT THIS BUILDING BE DEMOLISHED. 2 .-t . 14-j/ 1 1 a1 // BUILDING OFFICIAL'S OFFICE DATE e L J4 FIRE MARSHAL'S OFFICE ATE x 13.1Yi. /3 o* 1 z 3 / /Ilr FIRE CHIEFS OFFICE DATE Dangerous Building Inspection Form Page 3 BUILDING EVALUATION CHECKLIST A = Adequate A = Deficient NIA = Not Applicable I. STRUCTURAL COMMENT / EXPLANATION A. Foundation 1. Slab N/A 2. Pier & Beam a. Footings D_ SHIFTING b. Sills D ROT c. Joists UNK JdOT VISIBLE B. Walls 1. Exterior D BRICK FACADE PULLING AWAY 2. Interior UNK UNABLE TO ACCESS C. Means of Egress I. Doors a. Interior UNK UNABLE TO ACCESS b. Exterior A 2. Porches, Steps, Stairs 3. Windows UNK WINDOW SHUTERS D. Roof 1. Rafters �— ROT 2. Deck, Shingles D SHINGLES MISSING: ROT E. Ceilings I. Joists UNK NOT VISIBLE 2. Ceiling UNK NOT VISIBLE F. Floors JAI NOT VISIBLE . G. Other II. MEHCANICAL SYSTEMS A. Electrical • 1. Service Entrance & Panel p PANEL HAD OPENINGS 2. Wiring UNX UNABLE TO ACCESS 3. Lights, Switches UNK UNABLE TO ACCESS 4. Outlets UNK UNABLE TO ACCESS 5. Other B. Plumbing 1. Fixtures a. Sink UNK UNABLE TO ACCESS b. Lavatories Imo{ UNABLE TO ACCESS c. Water /Closets UNK UNABLE TO ACCESS d. Tub/Shower UNK UNABLE TO ACCESS D. Water Heater UNK UNABLE TO ACCESS 2. Water Aping UNK UNABLE TO ACCESS 3. Drain, Waste & Vent UNK UNABLE TO ACCESS 4. Sewer /Septic tank UNK UNABLE TO ACCESS 5. Gas System UNK UNABLE TO ACCESS C. Heating & A/C 1. Heating JJ UNABLE TO ACCESS 2. Air Conditioning UNK WINDOW UNIT III. PROPERTY CONDITION$ 1. Accessory Structures D (3) STOR BLDGS - ROT. HOLES 2. Condition of Grounds D DEBRIS 3. Other Comments: =it/ DIVISIONy.IL O77tER 571.7t1Cak Enforcement\Dsne Bundine2011307 N 47N INSP FORM.c • City of La Porte • DANGEROUS BUILDING INSPECTION FORM • DATE: 2 -21 -2011 STREET ADDRESS:_ 323 N 10TH (AKA N HWY 146) OWNER GREGORY COX. 323 N 10T11 ST., LA PORTE. TX 77571 -3103 DEED OWNER GREGORY JOHN COX. 323 N IOTH ST.. LA PORTE. TX 77571 • OTHER:GREGORY COX. 141 SKYLARK DR, DOWNSVILLE. LA 71234 LEGAL: BLK 74, TRS 27 -28, LA PORTS OCCUPANCY TYPE: RES ZONING: GC NON - CONFORMING ISSUES: SINGLE FAMILY DWELLING IN GC ZONE FACILITIES AVAILABLE: WATER X SEWER X ELECTRICAL: X GAS: X NO.OF DWELLING UNITS: 1 VACANT: X OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDNANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: Sec. 82 - 473. Declaration of Public Nuisance and Hazard. A. Dangerous or Snbstandard Buildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: 1. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; 2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building, (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; • 5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used • • • • Dangerous Buildings Inspection Form Page 2 1 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; 2. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; 8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire•resistive construction, faulty electric wiring. gas connections, or heating apparatus or other cause, is determined by the Board to be a fore hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following Is applicable: J 1. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; d 2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: SELECT OPTION #2: (NOT REPAIRABLE — RESIDENTIAL) 1 AC • • s � s): `it 1! 1 'S DAN ER•US B Li • ±► ' 'G J • S t: t I. INTERNATIONAL RESIDENTIAL CODE AND TILE 2008 NATIONAL ELECTRICAL CODE. AS ADOPTED, unt • ' • ;_ • 0 A si# • BY C • • ► 1 CES 11042700. • 6-2174 ; +t• .. 1 ' • USIN• r REGULATION$ AND CODE AS TTS OUIDE. IT IS THE OPNION OF THB DANGEROUS BUILDING INSPECTION BOARD THAT THIS BUILDING IS IN FACT DANGEROUS, BUT NOT REPAIRABLE. AND SHOULD BE DEMOLISHED. THIS BUILDING DOES NOT PROVIDE THE BASIC MINIMUM HOUSING S i "• •:_ • • y: ';,L# t- 1.11,ZJ kJ' sr : • I' AN . ,I# SA itA TTY P J: CS fit► .w-,_ IL :.N i,t n WELF • THE CITIZENS gF LA PORTE, ?) Vz? /'/ BUILDING OFFICIAL'S OFFICE DATE X ('� 3/ /r t FIKE MARSHAL'S OFFICE DATE X_ 1A .m.Pa 3/1/« FIRE CHIEF'S OFF) DATE • Dangerous Building Inspection Form Page 3 • BUILDING EVALUATION CHECKLIST A Adequate D • Deficient N/A Not Applicable L STRUCTURAL COMMENT / EXPLANATION A. Foundation 1. Slab N/A 2. Pier 45t Beam e. Footings D SHIFTING b. Sills p ROT c. Joists D ROT B. Walls 1. Exterior D ROT. HOLES 2. Interior UNK UNABLE TO ACCESS C. Means of Egress 1. Doors a. Interior UNK UNABLE TO ACCESS b. Exterior A 2. Porches, Steps, Stairs D UNEVEN ROT 3. Windows D ROT a W FRAME• BROxEt4 & MISSWG PANES: BOAItD•UPS D. 1 oof I. Rafters D ROT 2. Deck, Shingles p OLD, SHINGLES MISSING E. Ceilings 1. Joists UNK UNABLE TO ACCESS 2. Ceiling UNK UNABLE TO ACCESS F. Floors UNK UNABLE TO ACCESS G. Other IL jvfEHCANlCAL SYSTEMS A. Electrical I. Service Entrance & Panel A 2. Wiring _ UNPROTECTED EXTERIOR WIRE 3. Lights, Switches UNK UNABLE TO ACCESS 4. Outlets UNK UNABLE TO ACCESS 5. Other B. Plumbing I. Fixtures a. Sink UNK UNABLE TO ACCESS b. Lavatories UNK UNABLE TO ACCESS c. Water /Closets UNK UNABLE TO ACCESS d Tub/Shower UNK UNABLE TO ACCESS e. Water Heater UJK UNABLE TO ACCESS 2. Water Piping UNK UNABLE TO ACCESS 3. Drain, Waste & Vent UNK UNABLE TO ACCESS 4. Sewer/Septic tank _ UNABLE TO ACCESS 5. Gas System UNK UNABLE TO AC=S C. Heating & A/C 1. Heating N K UNABLE TO ACCESS 2. Air Conditioning UNK WINDOW UNIT W. PROPERTY CONDITIONS • 1. Accessory Structures D ,STORAGE BLDG 2. Condition of Grounds D DEBRIS 3. Other Comments: • A PP ing Sharcl4t-1N$PECI•IONs DJVISIONIAl,I. OTHER S113M:ode EnforcaaeetlDmo Buitdlnes\2011 N IOTR INSP City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: 2-21-2011 STREET ADDRESS: 3831 PECAN CIRCLE • OWNER BARBARA A. GOFORTH. P. O. BOX 1732. LA PORTE. T7C 77572 -1732 DEED OWNER BARBARA A. GOFORTH. 3831 PECAN CIRCLE. LA PORTS TX 77571 OTIIER:MIDLAND MORTGAGE. P O BOX 26648. OKLAHOMA CITY. OK 73126 LEGAL: BLK 8. LT 16. FAIRMONT PARK EAST SEC 1 OCCUPANCY TYPE: RES ZONING: RI NON - CONFORMING ISSUES: FACILITIES AVAILABLE: WATER X SEWER X ELECTRICAL: GAS: X NO.OF DWELLING UNITS: I VACANT: X OCCUPIED:. AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR. THE FOLLOWING REASONS: Sec. 82 - 473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure shall be considered dangerous or'aubstandard whenever it is determined by the Board, that any or all of the following Is applicable: 1. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; 2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; '1 5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used; Dangerous 9uitdings Inspection Form Page 2 a 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; 4 7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; 8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire- resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: 1. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; 2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; d 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPEC!'ION: SELECT OPTION #2: (NOT REPAIRABLE — RESIDENTIAL) ACCORDANCE WITH THE ITY'S DAN ER BUILDING R> 3ULATTO THE 2 009 INTERNATIONAL $ESIDENTIAL CODE AND THE 2008 NATIONAL ELECTRICAL. CODE. AS ADOPTED. ; � . r ► �► _1 .ft D; C a O: ► i #04-2 00. #9• 079- . - 419 96-20 ' -_. _. 1 r •N r • • ._ ttti PPE TS a O'INI• O' .a,r • G •U 1 1 G INS' • :O 11 Yom: •.1 . I DING 1 CT , . • ;O . B s .. .... I .. E ► SHOULD BE DEMOLISHED. THIS BUILDING DOES NOT PROVIDE TJIE BASIC MINIMUM HOUSING 4:.N r b_ • „i ► r4Ja:__O • •: 1I1 FORA •. ID: jr • J'AN% �Ir 1 VL L_ . • •UB i S.jPr11 1 ; .. ! THE G uAt4 OF THE CITIZENS OF LA PORTE, • s � �tu R/4? i /ri BUILDING OFFICIAL'S OFFICE DATE FIRE MARSHAL'S OFFICE DATE x 1 A- ) • rA 3/1 I( FIRE CHIEF'S OFFICE 17ATE Dangerous Building Inspection Form Page 3 BUILDING EVALUATION CHECKLIST • A = Adequate D = Deficient N/A - Not Applicable L STRUCTURAL COMMENT / EXPLANATION A. Foundation • 1. Slab UNK 2. Pier & Beam a. Footings b. Sills NIA _ c. Joists N/A B. Walls I. Exterior D HOLES • 2. Interior UNK UNABLE TO ACCESS C. Means of Egress 1. Doors a. Interior UNK UNABLE TO ACCESS b. Exterior p CITY BOARD UP 2. Porches, Steps, Stairs p LEANING 3. Windows A D. Roof 1. Rafters p ROT (PREY PHOTOS) 2. Deck, Shingles D HOLES IN ROOF & SOFFITT E. Ceilings 1. Joists UNK UNABLE TO ACCESS 2. Ceiling D _ COLLAPSED fPREV PHOTOS) F. Floors UNK UNABLE TO ACCESS G. Other U. I4EHCANICAL SYSTEMS A. Electrical I. Service Entrance & Panel D NOT SECURED; CONDUIT BR EN 2. Wiring p _ UNSAFE. UNPROTECTED 3. Lights, Switches UNK UNABLE TO ACCESS 4. Outlets UNK UNABLE TO ACCESS 5. Other B. Plumbing • 1. Fixtures a. Sink UNK UNABLE TO ACCESS b. Lavatories UNK UNABLE TO ACCESS o. Water /Closets UNK UNABLE TO ACCESS d. Tub/Shower UNK UNABLE TO ACCESS e. Water Heater UNK UNABLE TO ACCESS 2. Water Piping UNK UNABLE TO ACCESS 3. Drain, Waste & Vent UNK UNABLE TO ACCESS _ 4. Sewer/Septic tank UNK UNABLE TO ACCESS 5. Gas System UNK UNABLE TO ACCESS C. Heating do A/C 1, Heating ijl_ UNABLE TO ACCESS 2. Air Conditioning UNK CONDENSOR 11 PLACE III. PROPERTY CONDITIONS 1. Accessory Structures • N/A • 2. Condition of Grounds D DEBRIS 3. Other Comments: PlonniagShiselOUNSPBCTIONS DMSIONVJL OTHER ST 1C.ode E.nforremotttl)ma Btiild6rgs1201 13835 MAN CIR NSF.' Magog City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: 2 -21 -2011 STREET ADDRESS: 3246 ANDRICKS RD. • OWNER VIRGINIA LEE DANIEL 3246 ANDRICKS RD LA PORTE TX 77571 -3816 DEED OWNER VIRGINIA LEE DANIEL, 3246 ANDRICKS RD. LA PORTE. TX 77571 -3816 OTHER; LEGAL: BLK 6. LT 105, SPENWICK PLACE. SEC I OCCUPANCY TYPE: RES ZONING: RI NON- CONFORMING ISSUES: FACILITIES AVAILABLE: WATER X SEWER X ELECTRICAL: X GAS: X NO.OF DWELLING UNITS: 1 VACANT: X OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: Sec. 82 -473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. ' A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: V 1. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; 2. • Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is Less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; NI 3. Whenever any portion or member or appurtenance thereof is'likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; 5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used Dangerous Buildings Inspection Form Page 2 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (0) enable persons to resort thereto for the purpose of unlawful acts; 7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be nncnnitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; 4 8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: d I. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; I 2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; Ni 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THIS BOARD O I NSPECTION: BELECT OPTION #2: (NOT REPAIRABLE — RESIDENTIAL) EN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS. THE 2009 INTERNATIONAL RESIDENTIAL CODE AND THE 2008 NATIONAL ELECTRICAL CQDB. AS ADOPTED. „I:t ► as ► • ►NL ► : CI • '6.21 ; ►h v!. + . US' G r REGULATIONS AND CODE AS ITS (gUIDE. IT IS THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD TAT THIS BUILDING ISJN FACT DANGEROUS. BUT NOT REPAIRABLE. AND SHOULD BB DBMOLI$HED. THIS BUILDING DOES NOT PROVIDE THE BASIC MINIMUM HOUSING STAIVARDS DEEMED ESSENTIAL FOR SAFE AND HEALTHFUL LIVING FOR A RESIDENTIAL OCCUPANCY AND IS A THREAT TO PUBLIC SAFETY. HEALTH AND THE? GENERAL WELFARE OF THE CITIZENS OF LA PORTS, CSJA-L 7i/PINGIMQ. 1 124 BUILDING OFFICIAL'S OFFICE DATE FIRE MARSHAL'S OFFICE / D ATE ' I I FII2E CHIEF'S OFFIl ATE Dangerous Building Inspection Form Page 3 • BUILDING EVALUATION CHECKLIST A a Adequate D • Deficient N/A a Not Applicable I. STRUCTURAL COMMENT / EXPLANATION A. Foundation 1. Slab N/A 2. Pier & Beam a. Footings i? _ SHIFTING(BOTH STRUCTURES) b. Sills ROT c. Joists �__ ROT B. Walls 1. Exterior D HOLES. ROT 2. Interior UNK UNABLE TO ACCESS C. Means of Egress 1. Doors a. Interior UNK UNABLE TO ACCESS b. Exterior L BOARD UP 2. Porches, Steps, Stairs D ROTTED STEPS/PORCH 3. Windows A D. Roof 1. Rafters ]Z__ ROT 2. Deck, Shingles p HOLES ROT- BOTH STRUCTURES E. Ceilings 1. Joists UNK UNABLE TO ACCESS 2. Ceiling UNK UNABLE TO ACCESS F. Floors UNK UNABLE TO ACCESS G. Other II. MEHCANICAL SYSTEMS A. Electrical 1. Service Entrance & Panel p PULLED AWAY FROM WALL 2. Wiring �_ UNPROTECTED EXTERIOR WIRING: DROP LAYING ON ROOF OF SECOND BLDG 3. Lights, Switches UNK UNABLE TO ACCESS 4. Outlets UNK UNABLE TO ACCESS 5. Other B. Plumbing L Fixtures a. Sink UNK UNABLE TO ACCESS b. Lavatories UNK UNABLE TO ACCESS a Water /Closets UNK UNABLE TO ACCESS d. Tub/Shower UNK UNABLE TO ACCESS e. Water Heater UNK UNABLE TO ACCESS 2. Water Piping UNK UNABLE TO ACCESS 3. Drain, Waste & Vent S UNABLE TO ACCESS 4. Sewer/Sepdc tank UNK UNABLE TO ACCESS 3. Gas System UNK UNABLE TO ACCESS C. Heating & A/C 1. Heating UNK UNABLE TO ACCESS 2. Air Conditioning UNK WINDOW UNIT III. PROPERTY CONDITIONS • 1. Accessory Structures D 2ND DWELLING ON SITE: SAME UTILITIES/ADDRESS 2. Condition of Grounds D DEBRIS 3. Other Comments: • I. • a.i _. !_ h .*11 /. if1 Oil. 'ld., 1112a. _If•i:- u.11•1 ; _ I • FORM.doc ORDINANCE NO. 3335 AN ORDINANCE DECLARING THE BUILDING(S) LOCATED AT BLK 5, LT 4, BAY OAKS , HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT KENT M. & ELDA MAE NACOL AND KENT MARK & ELDA MAE NACOL IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Section 82- 472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board) to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, the Fire Marshal or his duly authorized representative; and WHEREAS, Section 82 -474 (a) provides that: Whenever it shall come to the attention of the Board or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall make a thorough inspection of such building(s); and WHEREAS, Section 82 -474 (e) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building(s) upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and Ordinance No., 5- Page 2 WHEREAS, it has heretofore come to the attention of the Board that the building(s) located at BLK 5, LT 4, BAY OAKS which is further described as 319 DWIRE DR., Harris County, Texas, has become dangerous or substandard and thereby a public nuisance, as established in Section 82 -473 of the Code of Ordinances of the City of La Porte; and WHEREAS, said Board has heretofore made and filed its written report, dated FEBRUARY 21, 2011 finding said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner(s) of said property, KENT M. & ELDA MAE NACOL , whose address is 9899 JULIAN WAY, UNIT C, WESTMINSTER, CO 80031 -3274 and KENT MARK & ELDA MAE NACOL, whose address is 319 DWIRE, LA PORTE, TX 77571, that a hearing as provided in Section 82 -477 of said Ordinance would be held at 6:00 PM on APRIL 25, 2011 , at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice of said hearing upon said owner(s), by registered mail, return receipt requested, which return receipt indicated that said owner(s) received said notice on POST OFFICE RETURNED AS "NO RECEPTACLE ON APRIL 4, 2011 (DWIRE ADDRESS) AND POST OFFICE ATTEMPTED DELIVERY ON APRIL 7, 2011 (JULIAN WAY ADDRESS), a date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and Ordinance No. 3Pb Page 3 WHEREAS, City Council entered its order on APRIL 25, 2011 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and orders of the City Council of the City of La Porte, based upon the evidence presented at said hearing. Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building(s) to be a public nuisance, and orders such building(s) condemned. Section 4. The City Council hereby finds, determines and declares that Kent M. & Elda Mae Nacol , who resides at 9899 JULIAN WAY, UNIT C, WESTMINSTER, CO 80031- 3274 and KENT MARK & ELDA MAE NACOL who resides at 319 DWIRE, LA PORTE,TX 77571 and is the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said KENT M. & ELDA MAE NACOL and KENT MARK & ELDA MAE NACOL have been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said KENT M. & ELDA MAE NACOL and KENT MARK & ELDA MAE NACOL to entirely remove or demolish such building(s), and further orders the said KENT M. & ELDA MAE NACOL and KENT MARK & ELDA MAE NACOL to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete said removal or demolition within thirty (30) days from the effective date of this ordinance. Section 6. The City Council hereby orders the Board of the City of La Porte to cause a notice of the dangerous, unsanitary condition of the building(s) to be affixed in one or more Ordinance No. J Page 4 conspicuous places on the exterior of the building(s), which notice or notices shall not be removed or defaced by any person, under penalty of law. Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner(s) of said property (the said KENT M. & ELDA MAE NACOL and KENT MARK & ELDA MAE NACOL) and to any and all lienholders or mortgagees, by registered mail, return receipt requested; file a copy of this Ordinance in the office of the City Secretary; and, publish in the official newspaper of the city a notice containing: 1) the street address or legal description of the property, 2) the date of the public hearing, 3) a brief statement indicating the results of the hearing, and 4) instructions stating where a complete copy of this Ordinance may be obtained. Section 8. Should the said KENT M. & ELDA MAE NACOL and KENT MARK & ELDA MAE NACOL, not comply with the orders contained in this Ordinance relating to the removal or demolition of such building(s) within thirty (30) days after hereof, then the Board of the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building(s) to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said KENT M. & ELDA MAE NACOL and KENT MARK & ELDA MAE NACOL, record owner(s) of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said Board shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building(s), and made lien thereon. Section 9. The City Council officially finds, determines, and recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 10. This Ordinance shall take effect and be in force from and after its passage and approval. Ordinance No. _) Page 4 Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner(s) of said property (the said KENT M. & ELDA MAE NACOL and KENT MARK & ELDA MAE NACOL) and to any and all lienholders or mortgagees, by registered mail, return receipt requested; file a copy of this Ordinance in the office of the City Secretary; and, publish in the official newspaper of the city a notice containing: 1) the street address or legal description of the property, 2) the date of the public hearing, 3) a brief statement indicating the results of the hearing, and 4) instructions stating where a complete copy of this Ordinance may be obtained. Section 8. Should the said KENT M. & ELDA MAE NACOL and KENT MARK & ELDA MAE NACOL, not comply with the orders contained in this Ordinance relating to the removal or demolition of such building(s) within thirty (30) days after hereof, then the Board of the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building(s) to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said KENT M. & ELDA MAE NACOL and KENT MARK & ELDA MAE NACOL, record owner(s) of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said Board shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building(s), and made lien thereon. Section 9. The City Council officially finds, determines, and recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 10. This Ordinance shall take effect and be in force from and after its passage and approval. Ordinance No. J Page 5 PASSED AND APPROVED this the eZ day of , 2011. CITY OF L • P FAR By: Louis R. ' _. . Mayor A ST: fit a- Patrice Fogarty, ' y See APPROVED: /...6v(e,tx4 Clark T. Askins, Assist. City Attorney ACTION OF CITY COUNCIL On this, the , 5 day of - , .10 alit, the City Secretary of the City of La Porte, having received he above and foregoing report from the Dangerous Building Inspection Board of the City of La Porte, the City Secretary of the City of La Porte is hereby ordered to notify the owner in writing in accordance with the provisions of the City's Code of Ordinances Article VIII, Section 82 -478. CITY OF LA PO N r / . • B r' 1 Y ouis R. ' 'g ,y, Mayor ATTEST: i& & Jta Patrice Fogarty, i Secredry CITY SECRETARY'S CERTIFICATE I hereby certify that on the =day of C%' , , //, I mailed a notice to the above named owner, in connection with the abrenced property, said notice being in accordance with City's Code of Ordinances Article VIII, Section 82 -479. A copy of said notice is attached hereto. Said notice included a copy of the Dangerous Building Inspection Form attached hereto. i..G- y 0'F • lA P ''R � ► Patrice Fogarty, C, XIMVIC t 10 \ %; City Secretary • S:\City Planning Share\04-INSPECTIONS DIVISION\ALL OTHER STUFF\Code Enforcement\Dang Buildings\Action by City Council Form.doc ORDINANCE NO. AN ORDINANCE DECLARING THE BUILDINGS) LOCATED AT BLK 1446, TRS 17- 23, LA PORTE, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT LA PORTE INDUSTRIES, LLC, % OBAID UDDIN IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Section 82- 472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board) to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, the Fire Marshal or his duly authorized representative; and WHEREAS, Section 82 -474 (a) provides that: Whenever it shall come to the attention of the Board or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall make a thorough inspection of such building(s); and WHEREAS, Section 82 -474 (e) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building(s) upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and Ordinance No. 3 3 °J Page 2 WHEREAS, it has heretofore come to the attention of the Board that the building(s) located at BLK 1446, TRS 17 -23, LA PORTE, which is further described as 1708 S BROADWAY ST (OLD HWY 146), Harris County, Texas, has become dangerous or substandard and thereby a public nuisance, as established in Section 82 -473 of the Code of Ordinances of the City of La Porte; and WHEREAS, said Board has heretofore made and filed its written report, dated FEBRUARY 21,2011 finding said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner(s) of said property, LA PORTE INDUSTRIES, LLC % OBAID UDDIN , whose address is 24133 HWY 59, PORTER, TX 77365 -6186 , that a hearing as provided in Section 82- 477 of said Ordinance would be held at 6:00 PM on APRIL 25, 2011 , at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice of said hearing upon said owner(s), by registered mail, return receipt requested, which return receipt indicated that said owner(s) received said notice on APRIL 1, 2011 , a date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and WHEREAS, City Council entered its order on APRIL 25, 2011 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: Ordinance No. .3 tt;' Page 3 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and orders of the City Council of the City of La Porte, based upon the evidence presented at said hearing. Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building(s) to be a public nuisance, and orders such building(s) condemned. Section 4. The City Council hereby finds, determines and declares that LA PORTE INDUSTRIES, LLC % OBAID UDDIN , who resides at 24133 HWY 59, PORTER, TX 77365 -6186 and is the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said LA PORTE INDUSTRIES, LLC % OBAID UDDIN has been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said LA PORTE INDUSTRIES, LLC % OBAID UDDIN to entirely remove or demolish such building(s), and further orders the said LA PORTE INDUSTRIES, LLC, % OBAID UDDIN to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete said removal or demolition within thirty (30) days from the effective date of this ordinance. Section 6. The City Council hereby orders the Board of the City of La Porte to cause a notice of the dangerous, unsanitary condition of the building(s) to be affixed in one or more conspicuous places on the exterior of the building(s), which notice or notices shall not be removed or defaced by any person, under penalty of law. Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner(s) of said property (the said LA PORTE INDUSTRIES, LLC % OBAID UDDIN) and to any and all lienholders or mortgagees, by Ordinance No.3 3 (0 Page 4 registered mail, return receipt requested; file a copy of this Ordinance in the office of the City Secretary; and, publish in the official newspaper of the city a notice containing: 1) the street address or legal description of the property, 2) the date of the public hearing, 3) a brief statement indicating the results of the hearing, and 4) instructions stating where a complete copy of this Ordinance may be obtained. Section 8. Should the said LA PORTE INDUSTRIES, LLC % OBAID UDDIN, not comply with the orders contained in this Ordinance relating to the removal or demolition of such building(s) within thirty (30) days after hereof, then the Board of the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building(s) to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said LA PORTE INDUSTRIES, LLC % OBAID UDDIN , record owner(s) of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said Board shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building(s), and made lien thereon. Section 9. The City Council officially finds, determines, and recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 10. This Ordinance shall take effect and be in force from and after its passage and approval. Ordinance No. ,`36 J LO Page 5 PASSED AND APPROVED this the 5 d ay of/'tt.: , 2011. CITY OF LA ' thR r By: Ale ' Lillis R. R , Mayor ATTEST: 4A =7 Patrice Fogarty, CV Secret ry APPROVED: C1. T. Askins, Assist. City Attorney ACTION OF CITY COUNCIL On this, the o� 5 day of aehc�� ,D 11, the City Secretary of the City of La Porte, having received the above and foregoing report from the Dangerous Dan C y g g g P g Building Inspection Board of the City of La Porte, the City Secretary of the City of La Porte is hereby ordered to notify the owner in writing in accordance with the provisions of the City's Code of Ordinances Article VIII, Section 82 -478. CITY OF LAPO By: dill A 1 •uis R. .g• , Mayor A TEST: 2 _AC Patrice Fogarty a ty Sec l etary CITY SECRETARY'S CERTIFICATE I hereby certify that on the 3/1 day of ` aq , aD /I , I mailed a notice to the above named owner, in connection with the above referenced property, said notice being in accordance with City's Code of Ordinances Article VIII, Section 82 -479. A copy of said notice is attached hereto. Said notice included a copy of the Dangerous Building Ins. ` "- P I attached hereto. I1 Patrice Fogar, T R , MMC � R' City Secretary 1 • S:\City Planning Share\04- INSPECTIONS DIVISION \ALL OTHER STUFF\Code Enforcement\Dang Buildings\Action by City Council Form.doc ORDINANCE NO.: AN ORDINANCE DECLARING THE BUILDING(S) LOCATED AT BLK 1446, LTS 1 -16 & TR A, LA PORTE, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT LA PORTE INDUSTRIES, LLC, %OBAID UDDIN IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Section 82- 472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board) to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, the Fire Marshal or his duly authorized representative; and WHEREAS, Section 82 -474 (a) provides that: Whenever it shall come to the attention of the Board or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall make a thorough inspection of such building(s); and WHEREAS, Section 82 -474 (e) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building(s) upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and Ordinance No. r� �� t Page 2 WHEREAS, it has heretofore come to the attention of the Board that the building(s) located at BLK 1446, LTS 1 -16, & TR A, LA PORTE, which is further described as 1712 1/2 S BROADWAY ST (OLD HWY 146), Harris County, Texas, has become dangerous or substandard and thereby a public nuisance, as established in Section 82 -473 of the Code of Ordinances of the City of La Porte; and WHEREAS, said Board has heretofore made and filed its written report, dated FEBRUARY 21, 2011 finding said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner(s) of said property, LA PORTE INDUSTRIES, LLC % OBAID UDDIN , whose address is 24133 HWY 59, PORTER, TX 77365 -6186 , that a hearing as provided in Section 82- 477 of said Ordinance would be held at 6:00 PM on APRIL 25, 2011 , at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice of said hearing upon said owner(s), by registered mail, return receipt requested, which return receipt indicated that said owner(s) received said notice on APRIL 1, 2011, a date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and WHEREAS, City Council entered its order on APRIL 25, 2011 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: Ordinance No..1 Page 3 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and orders of the City Council of the City of La Porte, based upon the evidence presented at said hearing. Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building(s) to be a public nuisance, and orders such building(s) condemned. Section 4. The City Council hereby finds, determines and declares that LA PORTE INDUSTRIES, LLC % OBAID UDDIN , who resides at 24133 HWY 59, PORTER, TX 77365 -6186 and is the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said LA PORTE INDUSTRIES, LLC % OBAID UDDIN has been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said LA PORTE INDUSTRIES, LLC % OBAID UDDIN to entirely remove or demolish such building(s), and further orders the said LA PORTE INDUSTRIES, LLC, % OBAID UDDIN to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete said removal or demolition within thirty (30) days from the effective date of this ordinance. Section 6. The City Council hereby orders the Board of the City of La Porte to cause a notice of the dangerous, unsanitary condition of the building(s) to be affixed in one or more conspicuous places on the exterior of the building(s), which notice or notices shall not be removed or defaced by any person, under penalty of law. Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner(s) of said property (the said LA PORTE INDUSTRIES, LLC % o OBAID UDDIN) and to any and all lienholders or mortgagees, by registered mail, return receipt requested; file a copy of this Ordinance in the office of the City Ordinance No. 33 1 Page 4 Secretary; and, publish in the official newspaper of the city a notice containing: 1) the street address or legal description of the property, 2) the date of the public hearing, 3) a brief statement indicating the results of the hearing, and 4) instructions stating where a complete copy of this Ordinance may be obtained. Section 8. Should the said LA PORTE INDUSTRIES, LLC % OBAID UDDIN, not comply with the orders contained in this Ordinance relating to the removal or demolition of such building(s) within thirty (30) days after hereof, then the Board of the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building(s) to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said LA PORTE INDUSTRIES, LLC % OBAID UDDIN ., record owner(s) of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said Board shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building(s), and made lien thereon. Section 9. The City Council officially finds, determines, and recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 10. This Ordinance shall take effect and be in force from and after its passage and approval. Ordinance No. 3W1 Page 5 PASSED AND APPROVED this the , J5 day of l , 2011. CITY OF '• By: /II ir Louis Ri Rio,by, Mayor AT EST: 1 a trice Fogarty, City 6 icretary APPROVED: fa ' 7-- , /4- Clark T. Askins, Assist. City Attorney ACTION OF CITY COUNCIL On this, the o day of / 7 tlLLL , // , the City Secretary of the City of La Porte, having receivedthe above and foregoing report from the Dangerous Building Inspection Board of the City of La Porte, the City Secretary of the City of La Porte is hereby ordered to notify the owner in writing in accordance with the provisions of the City's Code of Ordinances Article VIII, Section 82 -478. CITY OF LA P o ; By: AI A i . uis R Ri;by, Mayor ATTEST: t 4 _ _, .fa ".l lr►..__ Patrice Fogarty, .0 y Sec 'tary CITY SECRETARY'S CERTIFICATE I hereby certify that on the .3 iccJ day of ,..011, I mailed a notice to the above named owner, in connection with the abo a referenced property, said notice being in accordance with City's Code of Ordinances Article VIII, Section 82 -479. A copy of said notice is attached hereto. Said notice included a copy of the Dangerous Building Inspection Form attached hereto. Ff • d C��� O F.� ,ph I s `) 0 Patrice Fog TRMC, C t fir►`+' ): to • City Secretary y . • y%`� , OUN� 1 4 . . S:\City Planning Share\04- INSPECTIONS DIVISION\ALL OTHER STUFF\Code Enforcement\Dang Buildings\Action by City Council Form.doc ORDINANCE NO. ) 3 , J p AN ORDINANCE DECLARING THE BUILDING(S) LOCATED AT BLK 85, LTS 6 -7, BAYFRONT, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILD1NG(S) CONDEMNED; FINDING THAT ZEPHRA E. REINITZ BROWN, AND ZEPHRA E. REINITZ BROWN ARE THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Section 82- 472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board) to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, the Fire Marshal or his duly authorized representative; and WHEREAS, Section 82 -474 (a) provides that: Whenever it shall come to the attention of the Board or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall make a thorough inspection of such building(s); and WHEREAS, Section 82 -474 (e) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building(s) upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and Ordinance No. J Page 2 WHEREAS, it has heretofore come to the attention of the Board that the building(s) located at BLK 85, LTS 6 -7, BAYFRONT which is further described as 111 S. BLACKWELL ST., Harris County, Texas, has become dangerous or substandard and thereby a public nuisance, as established in Section 82 -473 of the Code of Ordinances of the City of La Porte; and WHEREAS, said Board has heretofore made and filed its written report, dated FEBRUARY 21, 2011 finding said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner(s) of said property, ZEPHRA E. REINITZ BROWN , whose address is 112 S. BLACKWELL, LA PORTE, TX 77571- 5703 and ZEPHRA E. REINITZ BROWN, whose address is 112 SOUTH BLACKWELL ST, LA PORTE, TX 77571, that a hearing as provided in Section 82- 477 of said Ordinance would be held at 6:00 PM on APRIL 25, 2011 , at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice of said hearing upon said owner(s), by registered mail, return receipt requested, which return receipt indicated that said owner(s) received said notice on POST OFFICE RETURNED "UNCLAIMED ON 4-20 - 2011(S. BLACKWELL ADDRESS) AND POST OFFICE RETURNED "UNCLAIMED ON 4- 20-2011(SOUTH BLACKWELL ADDRESS) a date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and Ordinance No. 1M__53_ Page 3 WHEREAS, City Council entered its order on APRIL 25, 2011 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and orders of the City Council of the City of La Porte, based upon the evidence presented at said hearing. Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building(s) to be a public nuisance, and orders such building(s) condemned. Section 4. The City Council hereby finds, determines and declares that ZEPHRA E. REINITZ BROWN, who resides at 112 S BLACKWELL ST, LA PORTE, TX 77571 -5703 and ZEPHRA E. REINITZ BROWN, who resides at 112 SOUTH BLACKWELL ST, LA PORTE, TX 77571 and is the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said ZEPHRA E. REINITZ BROWN and ZEPHRA E. REINITZ BROWN have been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said ZEPHRA E. REINITZ BROWN and ZEPHRA E. REINITZ BROWN to entirely remove or demolish such building(s), and further orders the said ZEPHRA E. REINITZ BROWN and ZEPHRA E. REINITZ BROWN to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete said removal or demolition within thirty (30) days from the effective date of this ordinance. Section 6. The City Council hereby orders the Board of the City of La Porte to cause a notice of the dangerous, unsanitary condition of the building(s) to be affixed in one or more Ordinance No. Page 4 conspicuous places on the exterior of the building(s), which notice or notices shall not be removed or defaced by any person, under penalty of law. Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner(s) of said property (the said ZEPHRA E. REINITZ BROWN and ZEHPRA E. REINITZ BROWN) and to any and all lienholders or mortgagees, by registered mail, return receipt requested; file a copy of this Ordinance in the office of the City Secretary; and, publish in the official newspaper of the city a notice containing: 1) the street address or legal description of the property, 2) the date of the public hearing, 3) a brief statement indicating the results of the hearing, and 4) instructions stating where a complete copy of this Ordinance may be obtained. Section 8. Should the said ZEPHRA E. REINITZ BROWN and ZEHPRA E. REINITZ BROWN , not comply with the orders contained in this Ordinance relating to the removal or demolition of such building(s) within thirty (30) days after hereof, then the Board of the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building(s) to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said ZEPHRA E. REINITZ BROWN and ZEPHRA E. REINITZ BROWN , record owner(s) of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said Board shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building(s), and made lien thereon. Section 9. The City Council officially finds, determines, and recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 10. This Ordinance shall take effect and be in force from and after its passage and approval. Ordinance No35� Page 5 PASSED AND APPROVED this the � day of a Pfra , 2011. CITY OF L ' P @ ',TE By: IN r A outs R. ' igb , Mayor A EST: \ Patrice Fogarty, City 1 cretary APPROVED: 4,/,4 7: 4:1-(6A- C ark . Askins, Assist. City Attorney ACTION OF CITY COUNCIL On this, the , day of i 11, the City Secretary of the City of La Porte, having received fhe above and foregoing report from the Dangerous Building Inspection Board of the City of La Porte, the City Secretary of the City of La Porte is hereby ordered to notify the owner in writing in accordance with the provisions of the City's Code of Ordinances Article VIII, Section 82 -478. CITY OF LA PO " By: s 1 Alk uis R. _ . Mayor A ST: Patrice Fogarty, Lary Secret CITY SECRETARY'S CERTIFICATE I hereby certify that on the 3 121 day o , , I mailed a notice to the above named owner, in connection with the ab e referenced property, said notice being in accordance with City's Code of Ordinances Article VIII, Section 82 -479. A copy of said notice is attached hereto. Said notice included a copy of the Dangerous Building Inspection Form attached hereto. r �f • p.RlF.1 Oth 7 Patrice FogartWTRMCIC toi City Secretary S:\City Planning Share\04- INSPECTIONS DIVISION\ALL OTHER STUFF\Code Enforcement\Dang Buildings\Action by City Council Form.doc ORDINANCE NO. AN ORDINANCE DECLARING THE BUILDINGS) LOCATED AT BLK 989, LTS 8 -16, LA PORTE , HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT JANE FUQUA LEWIS, JANE LEWIS, & GREG LEWIS, ARE THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Section 82- 472 of the Code of Ordinances, creating a Dangerous Building Inspection Board the Boar) to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, the Fire Marshal or his duly authorized representative; and WHEREAS, Section 82 -474 (a) provides that: Whenever it shall come to the attention of the Board or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall make a thorough inspection of such building(s); and WHEREAS, Section 82 -474 (e) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building(s) upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and Ordinance No. Page 2 WHEREAS, it has heretofore come to the attention of the Board that the building(s) located at BLK 989, LTS 8 -16, LA PORTE which is further described as 1307 E MAIN ST., Harris County, Texas, has become dangerous or substandard and thereby a public nuisance, as established in Section 82 -473 of the Code of Ordinances of the City of La Porte; and WHEREAS, said Board has heretofore made and filed its written report, dated FEBRUARY 21, 2011 finding said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner(s) of said property, JANE FUQUA LEWIS , whose address is P. O. BOX 718, LA PORTE, TX 77572 -0718, and JANE LEWIS whose address is 1307 E MAIN ST., LA PORTE, TX 77571, and GREG LEWIS, whose address is 7310 PINE SHADOWS LN., BAYTOWN, TX 77521, that a hearing as provided in Section 82 -477 of said Ordinance would be held at 6:00 PM on APRIL 25, 2011 , at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice of said hearing upon said owner(s), by registered mail, return receipt requested, which return receipt indicated that said owner(s) received said notice on POST OFFICE RETURNED "NOT DELIVERABLE AS ADDRESSED - UNABLE TO FORWARD" ON APRIL 1, 2011 (BOX 718 ADDRESS) AND AS "NO MAIL RECEPTACLE" ON APRIL 1, 2011(FOR 1307 E MAIN ST. ADDRESS) AND ON APRIL 2, 2011 (PINE SHADOWS LN. ADDRESS) , a date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and Ordinance No. Page 3 WHEREAS, City Council entered its order on APRIL 25, 2011 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1, This Ordinance contains the Findings of Fact, Conclusions of Law, and orders of the City Council of the City of La Porte, based upon the evidence presented at said hearing. Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building(s) to be a public nuisance, and orders such building(s) condemned. Section 4. The City Council hereby finds, determines and declares that JANE FUQUA LEWIS, , who resides at P. O. BOX 718, LA PORTE, TX 77572 -0178, and JANE LEWIS who resides at 1307 E MAIN ST., LA PORTE, TX 77571, and GREG LEWIS who resides at 7310 PINE SHADOWS LN., BAYTOWN, TX 77521 and are the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said JANE FUQUA LEWIS, JANE LEWIS, and GREG LEWIS have been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said JANE FUQUA LEWIS, JANE LEWIS, and GREG LEWIS to entirely remove or demolish such building(s), and further orders the said JANE FUQUA LEWIS, JANE LEWIS, and GREG LEWIS to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete said removal or demolition within thirty (30) days from the effective date of this ordinance. Section 6. The City Council hereby orders the Board of the City of La Porte to cause a notice of the dangerous, unsanitary condition of the building(s) to be affixed in one or more Ordinance No. Page 4 conspicuous places on the exterior of the building(s), which notice or notices shall not be removed or defaced by any person, under penalty of law. Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner(s) of said property (the said JANE FUQUA LEWIS, JANE LEWIS, and GREG LEWIS ) and to any and all lienholders or mortgagees, by registered mail, return receipt requested; file a copy of this Ordinance in the office of the City Secretary; and, publish in the official newspaper of the city a notice containing: 1) the street address or legal description of the property, 2) the date of the public hearing, 3) a brief statement indicating the results of the hearing, and 4) instructions stating where a complete copy of this Ordinance may be obtained. Section 8. Should the said JANE FUQUA LEWIS, JANE LEWIS, and GREG LEWIS, not comply with the orders contained in this Ordinance relating to the removal or demolition of such building(s) within thirty (30) days after hereof, then the Board of the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building(s) to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said JANE FUQUA LEWIS, JANE LEWIS, and GREG LEWIS, record owner(s) of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said Board shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building(s), and made lien thereon. Section 9. The City Council officially finds, determines, and recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 10. This Ordinance shall take effect and be in force from and after its passage and approval. Ordinance No. Page 5 PASSED AND APPROVED this the day of , 2011. CITY OF LA PORTE By: Louis R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary APPROVED: Clark T. Askins, Assist. City Attorney ORDINANCE NO. S 9 D AN ORDINANCE DECLARING THE BUILDING(S) LOCATED AT BLK 88, LTS 24 -26, LA PORTE _, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT JESSIE M. BAKER, ETAL, JESSIE MAE BAKER, DANIEL BAKER, JR., MARGO MAXINE BAKER, JOHN BARTLEY BAKER, EUGENIE ELIZABETH BAKER, AND ISAAC BRUCE BAKER (HEIRS OF DANIEL BAKER) ARE THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Section 82- 472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board) to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, the Fire Marshal or his duly authorized representative; and WHEREAS, Section 82 -474 (a) provides that: Whenever it shall come to the attention of the Board or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall make a thorough inspection of such building(s); and WHEREAS, Section 82 -474 (e) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of Ordinance No. ' 3 ) Page 2 the building(s) upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and WHEREAS, it has heretofore come to the attention of the Board that the building(s) located at BLK 88, LTS 24 -26, LA PORTE which is further described as 417 N. 3RD ST., Harris County, Texas, has become dangerous or substandard and thereby a public nuisance, as established in Section 82 -473 of the Code of Ordinances of the City of La Porte; and WHEREAS, said Board has heretofore made and filed its written report, dated February 21, 2011 finding said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner(s) of said property, JESSIE M. BAKER, ETAL , whose address is 227 S. BROWNELL ST., LA PORTE, TX 77571 -5539, and JESSIE MAE BAKER, DANIEL BAKER, JR., MARGO MAXINE BAKER, JOHN BARTLEY BAKER, EUGENIE ELIZABETH BAKER, AND ISAAC BRUCE BAKER (HEIRS OF DANIEL BAKER), whose address is 227 S. BROWNELL ST., LA PORTE, TX 77571 and JESSIE M. BAKER, ETAL whose address is 10406 KIRKGLEN, HOUSTON, TX 77089, that a hearing as provided in Section 82 -477 of said Ordinance would be held at 6:00 PM on APRIL 25, 2011 , at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice of said hearing upon said owner(s), by registered mail, return receipt requested, which return receipt indicated that said owner(s) received said notice on POST OFFICE RETURNED "NOT DELIVERABLE AS ADDRESSED - UNABLE TO FORWARD" ON MARCH 31, 2011(FOR S. BROWNELL ST. ADDRES #1); POST OFFICE RETURNED "NOT DELIVERABLE AS ADDRESSED - UNABLE TO FORWARD" ON MARCH 31, 2011(FOR S. BROWNELL ST. ADDRESS #2) and ON APRIL 5, 2011 (KIRKGLEN ADDRESS) , a date more than ten (10) days before the date set for said hearing; Ordinance No. 33 Page 3 WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and WHEREAS, City Council entered its order on APRIL 25, 2011 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and orders of the City Council of the City of La Porte, based upon the evidence presented at said hearing. Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building(s) to be a public nuisance, and orders such building(s) condemned, Section 4, The City Council hereby finds, determines and declares that JESSIE M. BAKER, ETAL, who resides at 227 S. BROWNELL ST., LA PORTE, TX 77571 -5539, and JESSIE MAE BAKER, DANIEL BAKER, JR., MARGO MAXINE BAKER, JOHN BARTLEY BAKER, EUGENIE ELIZABETH BAKER, AND ISAAC BRUCE BAKER (HEIRS OF DANIEL BAKER), who resides at 227 S. BROWNELL ST., LA PORTE, TX 77571 and JESSIE M. BAKER, ETAL, who resides at 10406 KIRKGLEN, HOUSTON, TX 77089 and are the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said JESSIE M. BAKER, ETAL, and JESSIE MAE BAKER, DANIEL Ordinance No. 314:1b Page 4 BAKER, JR., MARGO MAXINE BAKER, JOHN BARTLEY BAKER, EUGENIE ELIZABETH BAKER AND ISAAC BRUCE BAKER (HEIRS OF DANIEL BAKER), and JESSIE M. BAKER, ETAL have been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said JESSIE M. BAKER, ETAL, and JESSIE MAE BAKER, DANIEL BAKER, JR., MARGO MAXINE BAKER, JOHN BARTLEY BAKER, EUGENIE ELIZABETH BAKER AND ISAAC BRUCE BAKER (HEIRS OF DANIEL BAKER, and JESSIE M. BAKER, ETAL to entirely remove or demolish such building(s), and further orders the said JESSIE M. BAKER, ETAL, and JESSIE MAE BAKER, DANIEL BAKER, JR., MARGO MAXINE BAKER, JOHN BARTLEY BAKER, EUGENIE ELIZABETH BAKER AND ISAAC BRUCE BAKER (HEIRS OF DANIEL BAKER), and JESSIE M. BAKER, ETAL _ to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete said removal or demolition within thirty (30) days from the effective date of this ordinance. Section 6. The City Council hereby orders the Board of the City of La Porte to cause a notice of the dangerous, unsanitary condition of the building(s) to be affixed in one or more conspicuous places on the exterior of the building(s), which notice or notices shall not be removed or defaced by any person, under penalty of law. Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner(s) of said property (the said JESSIE M. BAKER, ETAL, and JESSIE MAE BAKER, DANIEL BAKER, JR., MARGO MAXINE BAKER, JOHN BARTLEY BAKER, EUGENIE ELIZABETH BAKER AND ISAAC BRUCE BAKER (HEIRS OF DANIEL BAKER), and JESSIE M. BAKER, ETAL ) and to any and all lienholders or mortgagees, by registered mail, return receipt requested; file a copy of this Ordinance in the office of the City Secretary; and, publish in the official newspaper of the city a notice containing: 1) the street address or legal description of the property, 2) the date of the public hearing, 3) a brief statement indicating the results of the hearing, and 4) instructions stating where a complete copy of this Ordinance may be obtained. Section 8. Should the said JESSIE M. BAKER, ETAL, and JESSIE MAE BAKER, DANIEL BAKER, JR., MARGO MAXINE BAKER, JOHN BARTLEY BAKER, EUGENIE ELIZABETH BAKER AND ISAAC BRUCE BAKER (HEIRS OF DANIEL BAKER), and JESSIE M. BAKER, ETAL not comply with the orders contained in this Ordinance relating to Ordinance No. Page 5 the removal or demolition of such building(s) within thirty (30) days after hereof, then the Board of the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building(s) to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said JESSIE M. BAKER, ETAL, and JESSIE MAE BAKER, DANIEL BAKER, JR., MARGO MAXINE BAKER, JOHN BARTLEY BAKER, EUGENIE ELIZABETH BAKER AND ISAAC BRUCE BAKER (HEIRS OF DANIEL BAKER), and JESSIE M. BAKER, ETAL , record owner(s) of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said Board shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building(s), and made lien thereon. Section 9. The City Council officially finds, determines, and recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the c 5 ay of ` —r/ , 2011. CITY OF LA ' O' By: AIM Luis R. Ri . • , Mayor A EST: Patrice Fogarty, Secre APPRO ED: —� 7 &Ktic , (-44A ✓� Clark T. Askins, Assist. City Attorney ACTION OF CITY COUNCIL On this, the o?-- day of (ietii- , the City Secretary of the , I ! e havin receive above and foregoing report of La Porte, having g g ort from the Dangerous P Building Inspection Board of the City of La Porte, the City Secretary of the City of La Porte is hereby ordered to notify the owner in writing in accordance with the provisions of the City's Code of Ordinances Article VIII, Section 82 -478. CITY OF LA 0. By: Al 4. Louis R. " '1,•y, Mayor AT ST: Patrice Fogarty, 9 Secre ary CITY SECRETARY'S CERTIFICATE I hereby certify that on the day of ,) /l, I mailed a notice to the above named owner, in connection with the abo a referenced property, said notice being in accordance with City's Code of Ordinances Article VIII, Section 82 -479. A copy of said notice is attached hereto. Said notice included a copy of the Dangerous Building Inspection Form attached hereto. ZjYOy , oht N Patrice Fog. ` C, I C _ City Secretary S:\City Planning Share \04 - INSPECTIONS DIVISION\ALL OTHER STUFF\Code Enforcement\Dang Buildings \ Action by City Council Formdoc ORDINANCE NO. 3 3 Li AN ORDINANCE DECLARING THE BUILDING(S) LOCATED AT BLK 89, LTS 29 -30, LA PORTE , HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDINGS) CONDEMNED; FINDING THAT EST OF LELA THOMAS % FRANCIS JORDAN, AND MCKINDLEY THOMAS & LEIE (LELIE) THOMAS, AND EST OF LELA THOMAS % FRANCIE JORDAN ARE THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Section 82- 472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board) to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, the Fire Marshal or his duly authorized representative; and WHEREAS, Section 82 -474 (a) provides that: Whenever it shall come to the attention of the Board or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall make a thorough inspection of such building(s); and WHEREAS, Section 82 -474 (e) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building(s) upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and Ordinance No. l 1 Page 2 WHEREAS, it has heretofore come to the attention of the Board that the building(s) located at BLK 89, LTS 29 -30, LA PORTE which is further described as 427 N. 4TH ST., Harris County, Texas, has become dangerous or substandard and thereby a public nuisance, as established in Section 82 -473 of the Code of Ordinances of the City of La Porte; and WHEREAS, said Board has heretofore made and filed its written report, dated FEBRUARY 21, 2011 finding said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner(s) of said property, EST OF LELA THOMAS % FRANCIE JORDAN , whose address is 427 N. 4TH ST., LA PORTE, TX 77571 -3423, and MCKINDLEY THOMAS & LEIE (LELIE) THOMAS, whose address is 427 N. 4TH ST., LA PORTE, TX 77571 -3423, and EST OF LELA THOMAS % FRANCIE JORDAN, whose address is 1601 GARTH RD. #1603, BAYTOWN, TX 77520„ that a hearing as provided in Section 82 -477 of said Ordinance would be held at 6:00 PM on APRIL 25, 2011 , at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice of said hearing upon said owner(s), by registered mail, return receipt requested, which return receipt indicated that said owner(s) received said notice on POST OFFICE RETURNED "NOT DELIVERABLE AS ADDRESSED - UNABLE TO FORWARD ON MARCH 31, 2011(N. 4TH ST. ADDRESS #1), and POST OFFICE RETURNED "NOT DELIVERABLE AS ADDRESSED - UNABLE TO FORWARD ON MARCH 31, 2011(N. 4TH ST. ADDRESS #2), and ON APRIL 8, 2011 (FOR GARTH RD. ADDRESS), a date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board; Ordinance No. �l Page 3 WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and WHEREAS, City Council entered its order on APRIL 25, 2011 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and orders of the City Council of the City of La Porte, based upon the evidence presented at said hearing. Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building(s) to be a public nuisance, and orders such building(s) condemned. Section 4. The City Council hereby finds, determines and declares that EST OF LELA THOMAS % FRANCIE JORDAN , who resides at 427 N. 4TH ST., LA PORTE, TX 77571 -3423, and MCKINDLEY THOMAS & LEIE (LELIE) THOMAS, who resides at 427 N. 4T11 ST., LA PORTE, TX 77571 -3423, and EST OF LELA THOMAS % FRANCIE JORDAN, who resides at 1601 GARTH RD. #1603, BAYTOWN, TX 77520, and is the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said said EST OF LELA THOMAS % FRANCIE JORDAN and MCKINDLEY THOMAS & LEIE (LELIE THOMAS), and EST OF LELA THOMAS % FRANCIE JORDAN have been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said EST OF LELA THOMAS % FRANCIE JORDAN and MCKINDLEY THOMAS & LEIE ( LELIE THOMAS) and EST OF LELA THOMAS % FRANCIE JORDAN to entirely remove or demolish such building(s), and Ordinance No. I Page 4 further orders the said EST OF LELA THOMAS % FRANCIE JORDAN and MCKINDLEY THOMAS & LEIE (LELIE THOMAS) and EST OF LELA THOMAS % FRANCIE JORDAN to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete said removal or demolition within thirty (30) days from the effective date of this ordinance. Section 6. The City Council hereby orders the Board of the City of La Porte to cause a notice of the dangerous, unsanitary condition of the building(s) to be affixed in one or more conspicuous places on the exterior of the building(s), which notice or notices shall not be removed or defaced by any person, under penalty of law. Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner(s) of said property (the said EST OF LELA THOMAS % FRANCIE JORDAN and MCKINDLEY THOMAS & LEIE (LELIE THOMAS) and EST OF LELA THOMAS % FRANCIE JORDAN) and to any and all lienholders or mortgagees, by registered mail, return receipt requested; file a copy of this Ordinance in the office of the City Secretary; and, publish in the official newspaper of the city a notice containing: 1) the street address or legal description of the property, 2) the date of the public hearing, 3) a brief statement indicating the results of the hearing, and 4) instructions stating where a complete copy of this Ordinance may be obtained. Section 8. Should the said EST OF LELA THOMAS % FRANCIE JORDAN and MCKINDLEY THOMAS & LEIE (LELIE THOMAS) and EST OF LELA THOMAS % FRANCIE JORDAN , not comply with the orders contained in this Ordinance relating to the removal or demolition of such building(s) within thirty (30) days after hereof, then the Board of the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building(s) to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said EST OF LELA THOMAS % FRANCIE JORDAN and MCKINDLEY THOMAS & LEIE (LELIE THOMAS) and EST OF LELA THOMAS % FRANCIE JORDAN , record owner(s) of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said Board shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building(s), and made lien thereon. Ordinance No. 3V-I- I Page 5 Section 9. The City Council officially finds, determines, and recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the ps day off A,L , 2011. CITY OF LAP 1� .' By: IN A Iou s R. Rigby k yor A ST: Patrice Fogarty, Ci ecret. APPROVED: -�-- qti Vi/- Clark T. Askins, Assist. City Attorney ACTION OF CITY COUNCIL On this the �5 4 � day of (Lehi ,� , n� i , the City Secretary of the City of La Porte, having received t above and foregoing report from the Dangerous Building Inspection Board of the City of La Porte, the City Secretary of the City of La Porte is hereby ordered to notify the owner in writing in accordance with the provisions of the City's Code of Ordinances Article VIII, Section 82 -478. CITY OF LA P ' By: �I ouis R. ' _ .y, Mayor A .ST: Patrice Fogarty, C Secret CITY SECRETARY'S CERTIFICATE I hereby certify that on the 3i L day of &Ey , /, I mailed a notice to the above named owner, in connection with the above referenced property, said notice being in accordance with City's Code of Ordinances Article VIII, Section 82 -479. A copy of said notice is attached hereto. Said notice included a copy of the Dangerous Building Inspection ed hereto. g P o rc, ��y,,,...... R T h f:; .i Patrice Fog. e ' C, 1 C City Secretary S: \City Planning Share\04- INSPECTIONS DIVISION\ALL OTHER STUFF\Code Enforcement\Dang Buildings \ Action by City Council Form.doc ORDINANCE NO.j L ON AN ORDINANCE DECLARING THE BUILDING(S) LOCATED AT BLK 89, LTS 29 -30, LA PORTE , HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDINGS) CONDEMNED; FINDING THAT EST OF LELA THOMAS % FRANCIE JORDAN, AND MCKINDLEY THOMAS & LEIE (LELIE) THOMAS, AND EST OF LELA THOMAS % FRANCIE JORDAN ARE THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Section 82- 472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board) to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, the Fire Marshal or his duly authorized representative; and WHEREAS, Section 82 -474 (a) provides that: Whenever it shall come to the attention of the Board or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall make a thorough inspection of such building(s); and WHEREAS, Section 82 -474 (e) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building(s) upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and Ordinance No. ? 3 T Page 2 WHEREAS, it has heretofore come to the attention of the Board that the building(s) located at BLK 89, LTS 29 -30, LA PORTE which is further described as 4271/2 N. 4TH ST., Harris County, Texas, has become dangerous or substandard and thereby a public nuisance, as established in Section 82 -473 of the Code of Ordinances of the City of La Porte; and WHEREAS, said Board has heretofore made and filed its written report, dated FEBRUARY 21, 2011 finding said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner(s) of said property, EST OF LELA THOMAS % FRANCIE JORDAN , whose address is 427 N. 4TH ST., LA PORTE, TX 77571 -3423, and MCKINDLEY THOMAS & LEIE (LELIE) THOMAS, whose address is 427 N. 4TH ST., LA PORTE, TX 77571 -3423, and EST OF LELA THOMAS % FRANCIE JORDAN, whose address is 1601 GARTH RD. #1603, BAYTOWN, TX 77520„ that a hearing as provided in Section 82 -477 of said Ordinance would be held at 6 :00 PM on APRIL 25, 2011 , at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice of said hearing upon said owner(s), by registered mail, return receipt requested, which return receipt indicated that said owner(s) received said notice on POST OFFICE RETURNED "NOT DELIVERABLE AS ADDRESSED - UNABLE TO FORWARD ON MARCH 31, 2011(N. 4TH ST. ADDRESS/11), and POST OFFICE RETURNED "NOT DELIVERABLE AS ADDRESSED- UNABLE TO FORWARD ON MARCH 31, 2011(N. 4TH ST. ADDRESS #2), and ON APRIL 8, 2011(FOR GARTH RD. ADDRESS), a date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board; Ordinance No. 4 Page 3 WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and WHEREAS, City Council entered its order on APRIL 25, 2011 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and orders of the City Council of the City of La Porte, based upon the evidence presented at said hearing. Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building(s) to be a public nuisance, and orders such building(s) condemned. Section 4. The City Council hereby finds, determines and declares that EST OF LELA THOMAS % FRANCIE JORDAN , who resides at 427 N. 4TH ST.JLA PORTE, TX 77571 -3423, and MCKINDLEY THOMAS & LEIE (LELIE) THOMAS, who resides at 427 N. 4TH ST., LA PORTE, TX 77571 -3423, and EST OF LELA THOMAS % FRANCIE JORDAN, who resides at 1601 GARTH RD. #1603, BAYTOWN, TX 77520, and is the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said said EST OF LELA THOMAS % FRANCIE JORDAN and MCK1NDLEY THOMAS & LEIE (LELIE THOMAS), and EST OF LELA THOMAS % FRANCIE JORDAN have been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said EST OF LELA THOMAS % FRANCIE JORDAN and MCKINDLEY THOMAS & LEIE (LELIE THOMAS) and EST OF LELA THOMAS % FRANCIE JORDAN to entirely remove or demolish such building(s), and Ordinance No. Page 4 further orders the said EST OF LELA THOMAS % FRANCIE JORDAN and MCKINDLEY THOMAS & LEIE (LELIE THOMAS) and EST OF LELA THOMAS % FRANCIE JORDAN to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete said removal or demolition within thirty (30) days from the effective date of this ordinance. Section 6. The City Council hereby orders the Board of the City of La Porte to cause a notice of the dangerous, unsanitary condition of the building(s) to be affixed in one or more conspicuous places on the exterior of the building(s), which notice or notices shall not be removed or defaced by any person, under penalty of law. Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner(s) of said property (the said EST OF LELA THOMAS % FRANCIE JORDAN and MCKINDLEY THOMAS & LEIE (LELIE THOMAS) and EST OF LELA THOMAS % FRANCIE JORDAN) and to any and all lienholders or mortgagees, by registered mail, return receipt requested; file a copy of this Ordinance in the office of the City Secretary; and, publish in the official newspaper of the city a notice containing: 1) the street address or legal description of the property, 2) the date of the public hearing, 3) a brief statement indicating the results of the hearing, and 4) instructions stating where a complete copy of this Ordinance may be obtained. Section 8. Should the said EST OF LELA THOMAS % FRANCIE JORDAN and MCKINDLEY THOMAS & LEIE (LELIE THOMAS) and EST OF LELA THOMAS . % FRANCIE JORDAN , not comply with the orders contained in this Ordinance relating to the removal or demolition of such building(s) within thirty (30) days after hereof, then the Board of the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building(s) to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said EST OF LELA THOMAS % FRANCIE JORDAN and MCKINDLEY THOMAS & LEIE (LELIE THOMAS) and EST OF LELA THOMAS % FRANCIE JORDAN , record owner(s) of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said Board shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building(s), and made lien thereon. Ordinance No.,._Mca Page 5 Section 9. The City Council officially finds, determines, and recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 5 Say of , 2011. CITY OF LAO ' ' By: MEI / i outs R. R' _ . Mayor A ST: 41, th1.6g/ JO I Patrice Fogarty, Cit f: ecret. APPROVED: Clar T. Askins, Assist. City Attorney ACTION OF CITY COUNCIL On this, the oe _ day of oy)//.a ` , 6 , the City Secretary of the City of La Porte, having received above and foregoing report from the Dangerous Building Inspection Board of the City of La Porte, the City Secretary of the City of La Porte is hereby ordered to notify the owner in writing in accordance with the provisions of the City's Code of Ordinances Article VIII, Section 82 -478. CITY OF LA PO ' ' By: All 1 A iii ouis R. p , Mayor TEST: II L i "• 'ft' L - Patrice Fogarty, CI Secret. CITY SECRETARY'S Y' S CERTIFICATE I hereby certify that on the 3 K� day of/ h ay , I mailed a notice to the above named owner, in connection with the above referenced property, said notice being in accordance with City's Code of Ordinances Article VIII, Section 82 -479. A copy of said notice is attached hereto. Said notice included a copy of the Dangerous Building Inspectio • •«« .ttached hereto. � OF U P4 Chi P \ City Secretary S:\City Planning Sbare\04- INSPECTIONS DIVISION\ALL OTHER STUFF\Code Enforcement\Dang Buildings\ Action by City Council Form.doc ORDINANCE NO. 33 y 3 AN ORDINANCE DECLARING THE BUILDING(S) LOCATED AT BLK 80, LTS 17 -21, LA PORTE , HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT TRUDIE D. THOMAS AND TRUDIE D. THOMAS AND TRUDIE D. THOMAS, % ELIZABETH H. ABNER ARE THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Section 82- 472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board) to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, the Fire Marshal or his duly authorized representative; and WHEREAS, Section 82 -474 (a) provides that: Whenever it shall come to the attention of the Board or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall make a thorough inspection of such building(s); and WHEREAS, Section 82 -474 (e) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building(s) upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and Ordinance NoM l Page 2 WHEREAS, it has heretofore come to the attention of the Board that the building(s) located at BLK 80, LTS 17 -21, LAPORTE which is further described as 307 N. 4TH ST., Harris County, Texas, has become dangerous or substandard and thereby a public nuisance, as established in Section 82 -473 of the Code of Ordinances of the City of La Porte; and WHEREAS, said Board has heretofore made and filed its written report, dated FEBRUARY 21, 2011 finding said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner(s) of said property, TRUDIE D. THOMAS , whose address is 307 N. 4TH ST., LA PORTE, TX 77571 -3421, and TRUDIE D. THOMAS, whose address is 307 N. 4TH ST., LA POPRTE, TX 77571, and TRUDIE D.THOMAS % ELIZABETH H. ABNER, whose address is 14318 BEAU HARP DR., HOUSTON, TX 77049 -3600 that a hearing as provided in Section 82 -477 of said Ordinance would be held at 6:00 PM on APRIL 25, 2011 , at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice of said hearing upon said owner(s), by registered mail, return receipt requested, which return receipt indicated that said owner(s) received said notice on POST OFFICE RETURNED "NOT DELIVERABLE AS ADDRESSED- UNABLE TO FORWARD" ON MARCH 31, 2011 (N. 4TH ST. ADDRESS) and on MARCH 31, 2011 (BEAU HARP DR. ADDRESS), a date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board; Ordinance No.2 4 9) Page 3 WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the teiuiination of the hearing, is required to make its decision in writing and enter its order; and WHEREAS, City Council entered its order on APRIL 25, 2011 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and orders of the City Council of the City of La Porte, based upon the evidence presented at said hearing. Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building(s) to be a public nuisance, and orders such building(s) condemned. Section 4. The City Council hereby finds, deteltuines and declares that TRUDIE D. THOMAS , who resides at 307 N. 4TH ST., LA PORTE, TX 77571 -3421 and TRUDIE D. THOMAS , who resides at 307 N. 4TH ST., LA PORTE, TX 77571 and TRUDIE D. THOMAS, % ELIZABETH H. ABNER, who resides at 14318 BEAU HARP DR, HOUSTON, TX 77049 -3600 and is the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said TRUDiF D. THOMAS and TRUDIE D. THOMAS and TRUDIE D. THOMAS % ELIZABETH H. ABNER have been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said TRUDIE D. THOMAS and TRUDIE D. THOMAS and TRUDIE D. THOMAS % ELIZABETH H. ABNER to entirely remove or demolish such building(s), and further orders the said TRUDIE D. THOMAS and TRUD I l-; D. THOMAS and TRUDIE D. THOMAS % ELIZABETH H. ABNER to commence Ordinance No3 34-1-P) Page 4 such removal within ten (10) days from the effective date of this Ordinance, and to complete said removal or demolition within thirty (30) days from the effective date of this ordinance. Section 6. The City Council hereby orders the Board of the City of La Porte to cause a notice of the dangerous, unsanitary condition of the building(s) to be affixed in one or more conspicuous places on the exterior of the building(s), which notice or notices shall not be removed or defaced by any person, under penalty of law. Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner(s) of said property (the said TRUDIE D. THOMAS and TRUDIE D. THOMAS and TRUDIE D. THOMAS % ELIZABETH H. ABNER ) and to any and all lienholders or mortgagees, by registered mail, return receipt requested; file a copy of this Ordinance in the office of the City Secretary; and, publish in the official newspaper of the city a notice containing: 1) the street address or legal description of the property, 2) the date of the public hearing, 3) a brief statement indicating the results of the hearing, and 4) instructions stating where a complete copy of this Ordinance may be obtained. Section 8. Should the said TRUDIE D. THOMAS and TRUDIE D. THOMAS and TRUDIE D. THOMAS % ELIZABETH H. ABNER, not comply with the orders contained in this Ordinance relating to the removal or demolition of such building(s) within thirty (30) days after hereof, then the Board of the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building(s) to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said TRUDIE D. THOMAS and TRUDIE D. THOMAS and TRUDIE D. THOMAS % ELIZABETH H. ABNER , record owner(s) of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said Board shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building(s), and made lien thereon. Section 9. The City Council officially finds, determines, and recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered Ordinance No. 3 "J`l Page 5 and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 10. This Ordinance shall take effect and be in force from and after its passage and approval. < c PASSED AND APPROVED this the ol✓ day of *GI , 2011. CITY OF LA ;14 4 By: AI L. is R. Ria Mayor ATTEST: Patrice Fogarty, if Secre y APPROVED: _ /�i fia( '[ IT Clark T. Askins, Assist. City Attorney ACTION OF CITY COUNCIL On this, the 5 day of / i L' , /1 , the City Secretary of the City of La Porte, having receive above and foregoing report from the Dangerous Building Inspection Board of the City of La Porte, the City Secretary of the City of La Porte is hereby ordered to notify the owner in writing in accordance with the provisions of the City's Code of Ordinances Article VIII, Section 82 -478. CITY OF LA PO li l a I By: ,i I A oui R. Ri :,by Mayor A, ST: AV Patrice Fogarty, CI Secret CITY SECRETARY'S CERTIFICATE I hereby certify that on the .5 ed day of , 20/I , I mailed a notice to the above named owner, in connection with the abo a referenced property, said notice being in accordance with City's Code of Ordinances Article VIII, Section 82 -479. A copy of said notice is attached hereto. Said notice included a copy of the Dangerous Building Inspection Form attached hereto. `C �Of A POgl�h �1.I1.. )"/ . a /a.. Patrice Fog. T M ' MMC City Secretary 1 S: \City Planning Share \04 - INSPECTIONS DIVISION \ALL OTHER STUFF\Code Enforcement\Dang Buildings\Action by City Council Form.doc ORDINANCE NO. 33 4 4 AN ORDINANCE DECLARING THE BUILDING(S) LOCATED AT BLK 8, LT 16, FAIRMONT PARK EAST, S. 1 , HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT BARBARA A. GOFORTH, AND MIDLAND MORTGAGE, IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Section 82- 472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board) to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, the Fire Marshal or his duly authorized representative; and WHEREAS, Section 82 -474 (a) provides that: Whenever it shall come to the attention of the Board or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall make a thorough inspection of such building(s); and WHEREAS, Section 82 -474 (e) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building(s) upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and Ordinance No.'C" 4 Page 2 WHEREAS, it has heretofore come to the attention of the Board that the building(s) located at BLK 8, LT 16, FAIRMONT PARK EAST, S. 1 which is further described as 3831 PECAN CIRCLE, Harris County, Texas, has become dangerous or substandard and thereby a public nuisance, as established in Section 82 -473 of the Code of Ordinances of the City of La Porte; and WHEREAS, said Board has heretofore made and filed its written report, dated FEBRUARY 21, 2011 finding said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner(s) of said property, BARBARA A. GOFORTH , whose address is P. O. BOX 1732, LA PORTE, TX 77572 -1732, and BARBARA A. GOFORTH, whose address is 3831 PECAN CIRCLE, LA PORTE, TX 77571, and MIDLAND MORTGAGE, whose address is P. O. BOX 26648, OKLAHOMA CITY, OK 73126 , that a hearing as provided in Section 82 -477 of said Ordinance would be held at 6:00 PM on APRIL 25, 2011 , at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice of said hearing upon said owner(s), by registered mail, return receipt requested, which return receipt indicated that said owner(s) received said notice on POST OFFICE RETURNED "UNCLAIMED" ON APRIL 20, 2011(BOX 1732 ADDRESS), POST OFFICE RETURNED "UNCLAIMERD ON APRIL 20, 2011 (3831 PECAN CIRCLE ADDRESS), AND APRIL 4, 2011 (BOX 26648 ADDRESS), a date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and Ordinance No. 3 '`i" Page 3 WHEREAS, City Council entered its order on APRIL 25, 2011 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and orders of the City Council of the City of La Porte, based upon the evidence presented at said hearing. Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, detelluines and declares such building(s) to be a public nuisance, and orders such building(s) condemned. Section 4. The City Council hereby finds, determines and declares that BARBARA A. GOFORTH, who resides at P. O. BOX 1732, LA PORTE, TX 77572 -1732 and BARBARA A. GOFORTH, who resides at 3831 PECAN CIRCLE, LA PORTE, TX 77571, and MIDLAND MORTGAGE, who resides at P. O. BOX 26648, OKLAHOMA CITY, OK 73126 and is the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said BARBARA A. GOFORTH and BARBARA A. GOFORTH and MIDLAND MORTGAGE have been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said BARBARA A. GOFORTH and BARBARA A. GOFORTH and MIDLAND MORTGAGE to entirely remove or demolish such building(s), and further orders the said BARBARA A. GOFORTH and BARBARA A. GOFORTH and MIDLAND MORTGAGE to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete said removal or demolition within thirty (30) days from the effective date of this ordinance. Section 6. The City Council hereby orders the Board of the City of La Porte to cause a notice of the dangerous, unsanitary condition of the building(s) to be affixed in one or more Ordinance No. ' Page 4 conspicuous places on the exterior of the building(s), which notice or notices shall not be removed or defaced by any person, under penalty of law. Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner(s) of said property (the said BARBARA A. GOFORTH and BARBARA A. GOFORTH and MIDLAND MORTGAGE ) and to any and all lienholders or mortgagees, by registered mail, return receipt requested; file a copy of this Ordinance in the office of the City Secretary; and, publish in the official newspaper of the city a notice containing: 1) the street address or legal description of the property, 2) the date of the public hearing, 3) a brief statement indicating the results of the hearing, and 4) instructions stating where a complete copy of this Ordinance may be obtained. Section 8. Should the said BARBARA A. GOFORTH and BARBARA A. GOFORTH and MIDLAND MORTGAGE, not comply with the orders contained in this Ordinance relating to the removal or demolition of such building(s) within thirty (30) days after hereof, then the Board of the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building(s) to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said BARBARA A. GOFORTH and BARBARA A. GOFORTH and MIDLAND MORTGAGE , record owner(s) of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said Board shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building(s), and made lien thereon. Section 9. The City Council officially finds, determines, and recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and foinially acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 10. This Ordinance shall take effect and be in force from and after its passage and approval. Ordinance No,? +(+ Page 5 PASSED AND APPROVED this the ,p( day of ar , 2011. CITY OF L CST' By: �� 4 outs R. ' gb, , Mayor AT EST: Patrice Fogarty, Cit ecretar APPROVED: Lifi(1 rr Clar T. Askins, Assist. City Attorney ACTION OF CITY COUNCIL On this, the a 3 ' day of Aii , o'?0 1 / , the City Secretary of the City of La Porte, having received t e above and foregoing report from the Dangerous Building Inspection Board of the City of La Porte, the City Secretary of the City of La Porte is hereby ordered to notify the owner in writing in accordance with the provisions of the City's Code of Ordinances Article VIII, Section 82 -478. CITY OF LA PORK By: di A Lo , is R. Ri _by Mayor AEST: Patrice Fogarty, ecreta CITY SECRETARY'S CERTIFICATE I hereby certify that on the , ;KrI day o ,,,20/1, I mailed a notice to the above named owner, in connection with the abo referenced property, said notice being in accordance with City's Code of Ordinances Article VIII, Section 82 -479. A copy of said notice is attached hereto. Said notice included a copy of the Dangerous Building Inspection Form attached hereto. (,,,,,,,, p�1A P0� r Patrice Fog. *TRMC, I 1 C City Secretary S: \City Planning Share \04 - INSPECTIONS DIVISION\ALL OTHER STUFF\Code Enforcement\Dang Buildings\Action by City Council Form.doc ORDINANCE NO. 9 2 4.5 AN ORDINANCE DECLARING THE BUILDINGS) LOCATED AT BLK. 6, LT 105, SPENWICK PLACE S. 1 , HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT VIRGINIA LEE DANIEL IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Section 82- 472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board) to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, the Fire Marshal or his duly authorized representative; and WHEREAS, Section 82 -474 (a) provides that: Whenever it shall come to the attention of the Board or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall make a thorough inspection of such building(s); and WHEREAS, Section 82 -474 (e) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building(s) upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and Ordinance No.✓ 5 Page 2 WHEREAS, it has heretofore come to the attention of the Board that the building(s) located at BLK 6, LT 105, SPENWICK PLACE SEC. 1 which is further described as 3246 ANDRICKS RD., Harris County, Texas, has become dangerous or substandard and thereby a public nuisance, as established in Section 82 -473 of the Code of Ordinances of the City of La Porte; and WHEREAS, said Board has heretofore made and filed its written report, dated FEBRUARY 21, 2011 finding said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner(s) of said property, VIRGINIA LEE DANIEL , whose address is 3246 ANDRICKS RD., LA PORTE, TX 77571 -3816, that a hearing as provided in Section 82 -477 of said Ordinance would be held at 6:00 PM on APRIL 25, 2011 , at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would Bear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice of said hearing upon said owner(s), by registered mail, return receipt requested, which return receipt indicated that said owner(s) received said notice on POST OFFICE RETURNED "ADRESSEE UNKNOWN" ON APRIL 4, 2011, a date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and WHEREAS, City Council entered its order on APRIL 25, 2011 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: Ordinance No. Page 3 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and orders of the City Council of the City of La Porte, based upon the evidence presented at said hearing. Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building(s) to be a public nuisance, and orders such building(s) condemned. Section 4. The City Council hereby finds, determines and declares that VIRGINIA LEE DANIEL , who resides at 3246 ANDRICKS RD., LA PORTE, TX 77571-3816 and is the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said VIRGINIA LEE DANIEL has been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said VIRGINIA LEE DANIEL to entirely remove or demolish such building(s), and further orders the said VIRGINIA LEE DANIEL to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete said removal or demolition within thirty (30) days from the effective date of this ordinance. Section 6. The City Council hereby orders the Board of the City of La Porte to cause a notice of the dangerous, unsanitary condition of the building(s) to be affixed in one or more conspicuous places on the exterior of the building(s), which notice or notices shall not be removed or defaced by any person, under penalty of law. Section 7. The City Council hereby orders the City Secretary to forward a certified copy of' this Ordinance, to the record owner(s) of said property (the said VIRGINIA LEE DANIEL) and to any and all lienholders or mortgagees, by registered mail, return receipt requested; file a copy of this Ordinance in the office of the City Secretary; and, publish in the Ordinance No. ; ) 3 6 Page 4 official newspaper of the city a notice containing: 1) the street address or legal description of the property, 2) the date of the public hearing, 3) a brief statement indicating the results of the hearing, and 4) instructions stating where a complete copy of this Ordinance may be obtained. Section 8. Should the said VIRGINIA LEE DANIEL , not comply with the orders contained in this Ordinance relating to the removal or demolition of such building(s) within thirty (30) days after hereof, then the Board of the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building(s) to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said VIRGINIA LEE DANIEL , record owner(s) of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said Board shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building(s), and made lien thereon. Section 9. The City Council officially finds, determines, and recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 10. This Ordinance shall take effect and be in force from and after its passage and approval. Ordinance No. 3 `'f's Page 5 PASSED AND APPROVED this the 5 day of 6Lpil , 2011. CITY OF LA it By: AN I A Ir is R. Riv I ayor ATTEST: Patrice Fogarty, City ecretar APPR• VED: / i ✓ iki■wiL.- Cla T Askins, Assist. City Attorney ACTION OF CITY COUNCIL On this, the /25 day of , cX I ( , the City Secretary of the City of La Porte, having received a J`t.L.�.� above and foregoing report from the Dangerous Building Inspection Board of the City of La Porte, the City Secretary of the City of La Porte is hereby ordered to notify the owner in writing in accordance with the provisions of the City's Code of Ordinances Article VIII, Section 82 -478. CITY OFLAP; t f t By: AO, Louis R. ' r y, Mayor • /_.0 a- _ iPiL4 1,__.. P Patrice Fogartyfity Sear ary CITY SECRETARY'S CERTIFICATE I hereby certify that on the g/4 day of `li' 1 (4 - 1 1 - 2D 1 l , I mailed a notice to the above named owner, in connection with the above referenced property, said notice being in accordance with City's Code of Ordinances Article VIII, Section 82 -479. A copy of said notice is attached hereto. Said notice included a copy of the Dangerous Building Inspection Form attached hereto. Patrice Fog RMC, C C . City Secretary It ji 6 C:it S:\City Planning Share\04 INSPECTIONS DIVISION\ALL OTHER STUFF\Code Enforcement\Dang Buildings\ Action by City Council Form.doc 9 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 25, 2011 Bucket Requested By: Heather Weger Source of Funds: Department: Human Resources Account Number: Report: Resolution: Ordinance: Amount Budgeted: Exhibits: Chapter 172 Committee Retiree Medical Amount Requested: Recommendation Budgeted Item: YES NO Exhibits: Retiree Medical Benefits Policy Exhibits SUMMARY & RECOMMENDATION On December 14, 2010 the Chapter 172 Committee met to discuss Retiree Benefits. The Committee agreed to hire an actuary to determine the cost associated with allowing employees who have 30 years of service with the City and who qualify for Retiree Medical Insurance to pay the active employee /dependent rate at the time of their retirement. Currently, employees with 30 years of service pay 10% of the Total Cost to the City of the Medical Plan and the full amount of dependent premiums. The actuary report shows the cost as follows: 2011 - $11,755 2012 - $21,401 2013 - $34,967 On March 31, 2011 the actuary report was presented to the Committee. The Committee voted unanimously to make a recommendation that employees with 30 years of service to the City, who qualify for Retiree Medical Coverage through the City be allowed to pay the active employee /dependent rate at the time of their retirement. In addition, Staff would like to modify the Retiree Medical Policy to include allowing the continuation of coverage for dependents of employees who would have otherwise qualified for the Retiree Medical Coverage through the City, but did not retire prior to their death. Currently, this change would affect 30 employees. Under current policy, if an employee, who is eligible for Retiree Coverage, dies prior to their retirement their dependents would have to go on COBRA regardless of whether the employee was eligible for the Retiree Medical Coverage. Action Required by Council: Approve the Chapter 172 Committee's recommendation to modify the Retiree Policy to allow employees with 30 or more years of service to the City, who also qualify for the Retiree Medical Insurance to pay the active employee /dependent rate at the time of their retirement. Appro taff's • commendation to allow dependents to continue coverage under the Retiree Medical Policy if the emp ,yee woul ave otherwis= • ualified for the Retiree Coverage prior to their death. A rove ►► n� •..a th4t Ron Bottoms, City Manager Date Chapter 172 Committee Retiree Medical Recommendation Tier Healt hFund 1500 Plan Health nd ioop Plan PPO 5 t Plan Current Cost Proposed Cos Current Cost Proposed Cost torrent -C Pr(ed Cost Employee Only $69.61 $14.65 $70.41 $22.70 Employee and Spouse $159. $105.00 $178.05 $13034 $188.67 $165.74 Employee and Children $150.20 $95.24 $16778 $1. _178.08: "$ 155. 1.5 Family $190.30 $120.69 $226.01 $155.60 ; $258.48 $ 18532 8.04 Retiree Medical Benefits The following persons are eligible for retiree medical coverage: • Present retirees of the City of La Porte receiving retirement annuities as a qualified annuitant under the Texas Municipal Retirement System • Who have retired in accordance with the City of La Porte Employee Policies Handbook; and were employed by the City of La Porte at the time of their retirement. • Retirees re- employed after retirement from the City of La Porte that have employer sponsored health care coverage available through the new employer may not continue health coverage with the City of La Porte, except for those with 30 years or more tenure with the City of La Porte. If an employee works 30 years or more with the City of La Porte they may maintain the City of La Porte sponsored health plan as secondary, while working for a new employer offering a health plan option. All applicable costs of the plan will still apply. In the case of Retirees that are reemployed by a new employer, and who subsequently separates employment from the new employer, a one time deferral shall be allowed whereby the retiree may rejoin the City of La Porte health plan as a retiree participant, regardless of age. If a qualifying retiree carried a spouse as a dependent at the time of their initial retirement, a retiree who rejoins the City of La Porte health plan as a retiree participant under the one time deferral may include their spouse as a dependent, consistent with allowances made under Federal COBRA law. Retirees who are self - employed are eligible for medical coverage, but occupational illnesses or injuries shall not be covered. Annual contributions by retirees to the health plan will be based on the total cost per employee of the plan to the City. • City employees who retire from City of La Porte employment on or after January 01, 2006 and o who have a combination of years of service with the City of La Porte, plus age, totaling 80; and o who retire as a qualified annuitant under the Texas Municipal Retirement System; who retire in accordance with the City of La Porte Employee Policies Handbook; who complete at least 20 years of service with the City of La Porte, and are currently employed by the City of La Porte at the time of their retirement. All applicable costs of the Plan will still apply. For those retirees who are self - employed, occupational illnesses or injuries shall not be covered. Annual contributions by retirees to the health plan will be based on a cost schedule determined by years of service, as established under Section 5, "Premiums ", of this chapter. City employees meeting the eligibility requirements for • disability retirement under the Texas Municipal Retirement System Act and • have been declared permanently disabled under the Social Security Act, and have elected to receive Medicare, Parts A and B, shall be eligible for medical benefits, which shalt be secondary to Medicare benefits, provided they have worked for the City of La Porte for ten (10) continuous years at the time of disability determination. Costs associated with retirement under this tier shall be 75% of the city cost. The retiree and dependent coverage will be primary for those participants not yet qualified for Medicare. The coverage will be secondary for those retirees and retirees' dependents who are Medicare eligible. The Retiree and dependent coverage will be secondary for Retirees with 30 or more years tenure with the City of La Porte, who have employer sponsored health coverage available through their new employer, or for retirees reemployed with the City of La Porte, as hereinabove provided. If a covered retiree dies, dependents may continue coverage until the earlier of the date the surviving spouse remarries, obtains group insurance, or becomes entitled to Medicare, or until any unmarried children financially dependent upon the covered retiree is 25 years of age. Surviving dependents shall pay the appropriate contribution toward dependent coverage as established in this chapter. Retirees who work for another employer offering health coverage shall not be eligible for retiree health coverage from the City after their subsequent employment ends, regardless of the length of service with the subsequent employer. Retirees who delay their retirement annuity shall not be eligible for retiree health coverage from the City. Premiums: The City of La Porte utilizes a self- funded medical plan so there are no formal premiums paid for health coverage. Each year, during the budget process, an amount is determined for each employee to cover claims and administration of the medical fund. The Total Plan Cost is the Total annual dollar allocated each year by budget as approved by City Council for the City of La Porte for Health Insurance for each employee, including employee and employer contributions. Costs to the retiree, retiring on or after January 01, 2006, shall be based on a cost schedule determined by years of service, outlined below. Under this schedule, a retiree pays a percentage of the city's contribution to the plan participant's health coverage, based on years of service, but pays the entire cost of dependent coverage, regardless of years of service. As mandated by Texas Local Government Code Chapter 175, City employees meeting eligibility requirements under the Texas Municipal Retirement System Act to receive retirement benefits, may, regardless of age or years of service with the City, purchase at their own expense, the combined City and employee cost of continued health benefits coverage for the employee and the employee's dependents, unless the employee is eligible for group health benefits coverage through another employer. To purchase continued health benefits coverage the employee must inform the City of their election not later than the day on which the employee retires from the City. A person who elects to purchase continued coverage who subsequently discontinues coverage, is no longer eligible for coverage; likewise, a dependent for whom coverage is discontinued is no longer eligible for continued coverage. A person who was not covered under the employee's plan at the time of retirement is not eligible for continued coverage. The City may substitute Medicare supplemental health benefits coverage as the coverage provided to a retiree under this section, including a dependent, after the date the retiree becomes eligible for federal Medicare benefits. Eligible dependents include: • Your lawful spouse who is legally married to and living with you; • natural children; stepchildren; children who, before reaching the age of 18, are either adopted by you; • Or other children for whom you have care, custody and control under court decree. A dependent child must be unmarried and rely on you for primary support and maintenance. Dependent children remain eligible until age 25 as long as they are enrolled as a full -time student. Death of an Employee An employee who would have otherwise qualified for Retiree Medical Coverage, but dies prior to their retirement, will be allowed to continue coverage for dependents who were covered at the time of the Retiree's death under this policy until the earlier of the date the surviving spouse remarries, obtains group insurance, or becomes entitled to Medicare, or until any unmarried children financially dependent upon the covered retiree is 26 years of age. Surviving dependents shall pay the appropriate contribution toward dependent coverage as established in this chapter. Retirees may not add dependents once retired. There are no qualifying events to add dependents. Dependents may be dropped by written request at any time. Retirees shall pay all required contributions to the City by the 15 of the month of coverage. One annual statement will be mailed to retirees for selection of payment plan: annual, bi- annual, quarterly or monthly. Failure to pay the required contribution will result in termination of the member's participation in the City of La Porte sponsored health plan. Payment delayed beyond 60 days will initiate COBRA notification for continuation of health coverage once the member is terminated from the Plan. Years of Service Percentage Retiree Pays 20 60% of the Total Plan Cost + dependent coverage 21 55% of the Total Plan Cost + dependent coverage 22 50% of the Total Plan Cost + dependent coverage 23 45% of the Total Plan Cost + dependent coverage 24 40% of the Total Plan Cost + dependent coverage 25 35% of the Total Plan Cost + dependent coverage 26 30% of the Total Plan Cost + dependent coverage 27 25% of the Total Plan Cost + dependent coverage 28 20% of the Total Plan Cost + dependent coverage 29 15% of the Total Plan Cost + dependent coverage 30 Active Employee /Dependent Rate - 10 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested April 25, 2011 Appropriation Requested By Mayor Righy/ P FogTrty Source of Funds: Department: CSO Account Number: Report Resolution: Ordinance: X Amount Budgeted: Amount Requested: Exhibits: Ordinance w/ changes Budgeted Item: YES NO Exhibits: Ordinance SUMMARY & RECOMMENDATION At the April 9, 2011, Council Pre- Budget Retreat, the subject of amending the Council travel ordinance was discussed. Several changes were suggested, and the proposed changes are provided in the draft ordinance, which is before City Council tonight. Action Required by Council: Review - - • discuss proposed changes and adopt the Council Travel ordinance; or provide staff with dir- - ion. r I rove . for Cit Co ncil A ' enda A 6/ Ron Bottoms, City anager Date ORDINANCE NO. AN ORDINANCE ESTABLISHING GUIDELINES FOR TRAVEL AND BUSINESS EXPENSES BY CITY COUNCIL MEMBERS TO MEETINGS; PROVIDING AUTOMOBILE EXPENSE ALLOWANCES; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council establishes the following guidelines, which shall apply to attendance by members of City Council at educational meetings for elected officials, and for automobile expense allowances. 1. A commitment for attendance should be given to the City Secretary at the earliest possible date so that the lowest possible air fare and other discounts can be obtained. This will normally be thirty (30) days prior to the event when air travel is involved. The City Secretary shall aggressively solicit attendance information if deadlines are approaching and a timely decision is needed. 2. If arrangements are made later, the difference in cost will be the responsibility of the Councilperson. When notification is given and attendance does not occur, the expenses already paid will be reimbursed to the City by adjusting the monthly check. If there is a good reason for the lack of travel coordination, the City Council may waive the penalty. 3. The City of La Porte will not pay or reimburse ex enses for Ci Council member's s ouses or other famil members. . No travel or other arrangements will be made for spouses or other family members unless that cost has been prepaid. A Councilperson shall reimburse to the City, any charges made by the hotel, for additional room guests. 4. Prior to departure each Councilperson will be given a stipend based on their selection as outlined below per day, or more, if authorized by City Council, to cover meals and incidental expenses. Parking is not considered an incidental expense, and must be accounted for with a receipt on the request for reimbursement. City Council members must elect one of the following methods for travel: a. IRS •er diem; c. Actual receipts; or d. None Ordinance No. 2004 - Page 2 This election will be signed by each council member annually. Once the election is made, it is not revocable for the entire year. The year begins January 1 of each year and ends on December 31. 5. Hotel stay and airport parking will be reimbursed only for the interval from the first night before the opening general session to the day following the closing meeting. Additional time will be approved for attendance at meetings where the Councilperson serves on a committee or is on the program. 6. Taxis may be used between the hotel and the airport if no hotel transportation is available. Mass transit should be used for intracity travel when available unless there are time constraints. It is the City Council responsibility to select the most economical means of transportation. 7. Expense accounts must be submitted within ten (10) days after returning from a meeting. If the expense report is not received by the City within ten (10) days after completing travel, the City Manager shall refer the matter to the City Council Audit Committee for handling. Receipts are mandatory for reimbursement except when otherwise exempted by this policy. Subsequent trips will not be allowed until a request for reimbursement has been submitted for all previous trips. The City Council Audit Committee, or other committee appointed by City Council, shall review any questionable expenses not complying with established ordinances, policies, or guidelines to authorize reimbursement, at the request of the Director of Finance. 8. City Councilpersons traveling on City business to a destination outside Harris County, by personal automobile, shall be reimbursed for their mileage in accordance with IRS mileage guidelines. City Council members who receive $100.00 car allowance will receive mileage reimbursement after the first 50 miles of travel. City Council members who do not receive car allowances will be reimbursed for all mileage using City Hall as the travel origination point. 9. The Mayor 11111 may receive an automobile expense allowance of $200.00 each month, and each City Councilperson ® may receive an automobile expense allowance of $100.00 each month in connection with the performance of their duties. The Mayor and City Council members may elect one of the following: a. Allowance; b. Reimbursement mileage; or c. None This election will be signed by each council member annually. Once the election is made, it is not revocable for the entire year. The year begins January 1 of each year and ends on December 31. Ordinance No. 2004 - Page 3 10. City Council members may: a. Elect to have City cell phone; b. Receive reimbursement for usage of their private cell phone; or c. Neither. This election will be signed by each council member annually. Once the election is made, it is not revocable for the entire year. The year begins January 1 of each year and ends on December 31. 11. City Council members may, at their discretion, stay and be reimbursed at local hotels (i.e. Galveston, Conroe, Houston). 12. All items are subject to annual appropriation by City Council in the budget process. Each City Council member will be allocated funding and provided a monthly report on the status of the account balance. Any exceptions to this policy shall be approved by City Council at a regular meeting. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective u • on • assa • e and a • • royal . Ordinance No. 2004 -2743, passed and approved on May 24, 2004, and Ordinance No. 2002 -2597, passed and approved on November 18, 2002, are repealed as of the effective date hereof. PASSED AND APPROVED, this day of , 2011. CITY OF LA PORTE Ordinance No. 2004 - Page 4 By: Louis R. Rigby Mayor ATTEST: Patrice Fogarty City Secretary APPROVED: Clark T. Askins Assistant City Attorney ORDINANCE NO. J J AN ORDINANCE ESTABLISHING GUIDELINES FOR TRAVEL AND BUSINESS EXPENSES BY CITY COUNCIL MEMBERS TO MEETINGS; PROVIDING AUTOMOBILE EXPENSE ALLOWANCES; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council establishes the following guidelines, which shall apply to attendance by members of City Council at educational meetings for elected officials, and for automobile expense allowances. 1. A commitment for attendance should be given to the City Secretary at the earliest possible date so that the lowest possible air fare and other discounts can be obtained. This will normally be thirty (30) days prior to the event when air travel is involved. The City Secretary shall aggressively solicit attendance information if deadlines are approaching and a timely decision is needed. 2. If arrangements are made later, the difference in cost will be the responsibility of the Councilperson. When notification is given and attendance does not occur, the expenses already paid will be reimbursed to the City by adjusting the monthly check. If there is a good reason for the lack of travel coordination, the City Council may waive the penalty. 3. The City of La Porte will not pay or reimburse expenses for City Council member's spouses or other family members. Any exception to this policy shall require prior approval by City Council. No travel or other arrangements will be made for spouses or other family members unless that cost has been prepaid. A Councilperson shall reimburse to the City, any charges made by the hotel, for additional room guests. 4. Prior to departure each Councilperson will be given a stipend based on their selection as outlined below per day, or more, if authorized by City Council, to cover meals and incidental expenses. Parking is not considered an incidental expense, and must be accounted for with a receipt on the request for reimbursement. City Council members must elect one of the following methods for travel: a. IRS per diem; b. Actual receipts; or • c. None Ordinance No. 2004 - Y Page 2 This election will be signed by each council member annually. Once the election is made, it is not revocable for the entire year. The year begins January 1 of each year and ends on December 31. 5. Hotel stay and airport parking will be reimbursed only for the interval from the first night before the opening general session to the day following the closing meeting. Additional time will be approved for attendance at meetings where the Councilperson serves on a committee or is on the program. 6. Taxis may be used between the hotel and the airport if no hotel transportation is available. Mass transit should be used for intracity travel when available unless there are time constraints. It is the City Council responsibility to select the most economical means of transportation. 7. Expense accounts must be submitted within ten (10) days after returning from a meeting. If the expense report is not received by the City within ten (10) days after completing travel, the City Manager shall refer the matter to the City Council Audit Committee for handling. Receipts are mandatory for reimbursement except when otherwise exempted by this policy. Subsequent trips will not be allowed until a request for reimbursement has been submitted for all previous trips. The City Council Audit Committee, or other committee appointed by City Council, shall review any questionable expenses not complying with established ordinances, policies, or guidelines to authorize reimbursement, at the request of the Director of Finance. 8. City Councilpersons traveling on City business to a destination outside Harris County, by personal automobile, shall be reimbursed for their mileage in accordance with IRS mileage guidelines. City Council members who receive $100.00 car allowance will receive mileage reimbursement after the first 50 miles of travel. City Council members who do not receive car allowances will be reimbursed for all mileage using City Hall as the travel origination point. 9. The Mayor may receive an automobile expense allowance of $200.00 each month, and each City Councilperson may receive an automobile expense allowance of $100.00 each month in connection with the performance of their duties. The Mayor and City Council members may elect one of the following: a. Allowance; b. Reimbursement mileage; or c. None This election will be signed by each council member annually. Once the election is made, it is not revocable for the entire year. The year begins January 1 of each year and ends on December 31. Ordinance No. 2004 -334! Page 3 10. City Council members may: a. Elect to have City cell phone; b. Receive reimbursement for usage of their private cell phone; or c. Neither. This election will be signed by each council member annually. Once the election is made, it is not revocable for the entire year. The year begins January 1 of each year and ends on December 31. 11. City Council members may, at their discretion, stay and be reimbursed at local hotels (i.e. Galveston, Conroe, Houston). 12. All items are subject to annual appropriation by City Council in the budget process. Each City Council member will be allocated funding and provided a monthly report on the status of the account balance. Any exceptions to this policy shall be approved by City Council at a regular meeting. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective upon passage and approval. Ordinance No. 2004 -2743, passed and approved on May 24, 2004, and Ordinance No. 2002 -2597, passed and approved on November 18, 2002, are repealed as of the effective date hereof. PASSED AND APPROVED, this o`-) Tay of apki..; it , 2011. • CITY • ' - = - TE By: A il ' 0 L• . ` igb IP Ordinance No. 2004 -; Page 4 Mayor ATTEST: 0 0.tr.e,(12 Patrice Fogarty City Secretary APPROVED: • Arif 4 , CI rk T. Askins Assistant City Attorney - 11 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 25, 2011 Appropriation Requested By: Various Department Directors Source of Funds: Department: Various Departments as shown Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Exhibits: 2nd Quarter CIP Report Amount Requested: Exhibits: Budgeted Item: Exhibits SUMMARY & RECOMMENDATION The attached report summarizes the progress of Capital Improvement Projects assigned to various departments for the Second Quarter, FY 2010 -2011. • Parks & Recreation Department — S. Barr • Public Works — D. Mick • Golf Course Improvements — R. Bottoms • Planning — T. Tietjens Action Required by Council: ■ one. w � A s . r �� ,' or Ci LK ncil A enda V � f Ron Botto s, City Manager Dat Second Quarter Capital Project Update City of La Porte Parks & Recreation Department April 25, 2011 Project 606 — RFC — Park St. Bicycle /Pedestrian Pathway PROJECT DESCRIPTION This major segment of the La Porte Bicycle- Pedestrian Master Plan implementation will connect the San Jacinto Pathway to the La Porte Recreation & Fitness Center. This important link will allow continuous bicycle and pedestrian connections from Five Points Town Plaza on the east side of La Porte, to the Pasadena Convention Center on the west side; thereby providing total east -west connectivity for the entire City. SECOND QUARTER FY 10 -11 In -house design is almost complete. The project has been reviewed in -house and will be ready for submission for Harris County and TxDOT permitting very soon. While those reviews are taking place, the bid package will be prepared. After review and permitting by the respective agencies, the project will be let for construction bids. Project 607 — Parking Lot Re- Paving — Little Cedar Bayou Park & Brookglen Park PROJECT DESCRIPTION The parking lots base has failed at the Little Cedar Bayou Park, the Little Cedar Bayou Park Nature Trail, and Brookglen Park. This project will provide for milling of existing asphalt, repairing the base material, re- coating the parking lots with asphalt topping, and re- striping. SECOND QUARTER FY 10 -11 The project has been let for bids and Angel Brothers Enterprises LLC has been awarded the contract to proceed. The pre- construction meeting and scheduling will take April 19th and the project is expected to be complete within 45 days after the Notice to Proceed is issued. Project 608 — Lomax Arena Roof PROJECT DESCRIPTION The roof at the Lomax Riding Arena has some leaks, and the purlins and beams have begun to rust. The City hired an engineering firm to evaluate and recommend a treatment to address these issues. The recommendation was to repair the roof to protect it for the next four to five years to allow the City to prepare for re- roofing. This project will accomplish that at the Riding Arena. SECOND QUARTER FY 10 -11 The project has been bid and the repair contract has been awarded to Lone Star Roofing Systems. There were some concerns regarding the repair specifications but those have been resolved and the repair is expected to take less than 10 days after the Notice to Proceed is issued. Project 609 — Texas Parks & Wildlife Building - Restroom Access PROJECT DESCRIPTION The recently purchased Texas Parks & Wildlife Region IV Headquarters building is adjacent to the new Five Points Town Plaza. This project will allow for minor renovation of the facility to allow access to the restrooms without accessing the rest of the building. This renovation will provide needed restrooms for the special events and use at the Five Points Town Plaza. SECOND QUARTER FY 10 -11 Project is moving forward with contracts in place for asbestos removal and a new exterior door on the north side of the building to allow access to the restroom area, but not the rest of the building. Staff hopes to have the building ready before the summer season. Project 615 — Trail Striping — "E" Street and Driftwood PROJECT DESCRIPTION "E" Street and Driftwood Street are both 40 foot wide, single lane concrete roadways that lend themselves to shared use bicycle pathways. Shared use bicycle pathways for both streets were included in the City of La Porte Bicycle- Pedestrian Master Plan, adopted by the City in 2002. This project would provide the design, marking, signage and termination points required to make these streets bicycle - friendly. Both streets tie into the existing trail system and will provide a safe access to the trail for the local community. The "E" Street segment will also connect on the north end, to the Morgan's Point bicycle - pedestrian trail. SECOND QUARTER FY 10 -11 The plans for this project have been approved by Harris County, the bid package has been prepared and the project will be out for bids shortly. Once awarded, the project should be completed within 60 days of the Notice to Proceed. Project 616 — Sens Road Trail PROJECT DESCRIPTION The Sens Road /Bay Area Boulevard expansion from Spencer to SH 225 is currently under design by Harris County, with City of La Porte participation. This roadway is also on the City's Bicycle- Pedestrian Master Plan for pedestrian and bicycle access as a continuation of the Bay Area Boulevard Trail that is currently under construction. This project will provide funding for inclusion of a bicycle - pedestrian pathway in the overall road widening project being administered by Harris County. SECOND QUARTER FY 10 -11 Harris County has experienced difficulty in negotiating with a utility for some additional land that is needed to complete this project. Once that is accomplished, and the utility removes its equipment, the project can proceed. This project is administered by Harris County, and initially was scheduled to begin this year. After speaking with Janice Gray at Harris County Infrastructure Department, the actual construction of this project is now not expected to commence until 2012 or 2013, due to the issue described above. Project 728 — Brookglen Spray Ground PROJECT DESCRIPTION This project was approved by City Council on April 26, 2010 to replace the uplifted pool at Brookglen Park. Council authorized the demolition of the existing pool and the creation of a new sprayground /playground for the park. SECOND QUARTER FY 10 -11 The Brookglen Grand Opening and Dedication is scheduled for April 25 at Brookglen Park. Project 893 — Bicycle- Pedestrian Trail System — Pasadena Connector — Fairmont Parkway PROJECT DESCRIPTION This project is the second high priority segment of the Bicycle Pedestrian Trail System (Southside Trail or Safe Routes to School Trail is completed) that was identified in our 2003 Implementation Plan. The 5.2 mile segment will provide additional recreation and transportation opportunities for La Porte citizens by connecting the Central Business District of La Porte, eastward to the Pasadena Trail system & southward along Bay Area Blvd to Pasadena & Houston. The trail segment will begin at Little Cedar Bayou Park, move north to Fairmont Pkwy, east along the south side of Fairmont Pkwy to the Pasadena Convention Center. Further north - south connectors throughout La Porte will link other parts of La Porte, including a trail segment at Big Island Slough, Canada Road, Spring Gulley, Driftwood and Bay Area Blvd. The trail will connect through Little Cedar Bayou Park to the Southside Trail as well. SECOND QUARTER FY 10 -11 The Harris County reconstruction of Fairmont is progressing rapidly and is expected to be completed on schedule in May. If the Harris County contractor finishes the sidewalk ramps under SH146 as projected, our contractor expects to be working on the final section of this project by mid - April, with final project completion within 30 days after they begin. Project 942 — Electronic Library Sign PROJECT DESCRIPTION The existing electronic sign at the La Porte Community Library was a joint venture between the Friends of the Library and the City of La Porte. The sign is very small and the message capability is very limited. This project will replace the small sign head with a larger, more effective communication tool for the library. SECOND QUARTER FY 10 -11 The contract has been awarded to Spectrum, Inc. for installation of the new sign. The sign is being manufactured and is expected to be delivered and installed by the end of April. Project 965- Park Upgrade - Landscaping & Park Enhancements - Little Cedar Bayou PROJECT DESCRIPTION The landscaping & amenities at Little Cedar Bayou Park are in need of enhancement. Little Cedar Bayou Park is our flagship park, with the largest attendance in the City, containing the Wave Pool, Girl's Softball Complex, Multi- purpose Athletic Fields, Picnic Areas, Playgrounds & Trail Head. Components indentified are: • A landscape design for the park • Seal coating of roadway & parking, re- striping of park (handled under a different project) • Re- surface tennis courts • Enhance picnic area • Improve landscaping around Girl's Soft ball Complex, Wave Pool & Multi- purpose Fields SECOND QUARTER FY 10 -11 All of the above items have been completed except as listed here. This quarter, the Tennis Court resurfacing is complete and the new concrete pad for the dumpster is complete. Still working on some additional split -rail fencing at the playground, and an irrigation system for the front of the Wave Pool. These items should be completed very shortly and the entire project will be complete. Project 984 - Pedestrian Bridge @ Spring Gulley - Connector Trails PROJECT DESCRIPTION A ten foot wide pedestrian bridge to provide a safe crossing over Spring Gulley, allowing pedestrian traffic to access the new sports complex and pedestrian pathways along Canada Road and construction of approximately 3,200 linear feet of new 10' concrete trail system components to the east and west of the new park, providing connectivity between the park and the Pecan Plantation and Brookglen subdivisions. The project will enhance the recreation and transportation capabilities of the City of La Porte trail system and further the intent of the City's Bicycle — Pedestrian Trail Plan. SECOND QUARTER FY 10 -11 Bore samples have been taken and are being evaluated by the engineering firm. Once the engineering report is received, it will be sent to Harris County as the final step for permitting of the project. There is substantive agreement with CenterPoint for its license agreement to cross their corridor. Staff will be working on approvals from the various pipeline companies to get their approvals in place, while the project is being bid for construction. Project 986 — Northwest Park and Bridge over Big Island Slough PROJECT DESCRIPTION Initially, in accordance with long term goals to have all of the La Porte soccer fields in one location, the City will need to begin utilization of the ten acre tract adjacent to Northwest Park that was set aside for additional fields along with a pedestrian bridge connection over Big Island Slough, and parking for the additional fields. This project sets up funding for the design and easement process for use of this property. The bridge over Big Island Slough will open the property for future development and provide safe access by participants at the park. Staff is conducting a further evaluation of the site based on both resident and Council feedback. SECOND QUARTER FY 10 -11 Staff is evaluating future utilization of this site. Project 994 — San Jacinto Pathway & Lighting Project PROJECT DESCRIPTION A ten foot wide promenade sidewalk, that will continue the connections between the City's business district and key recreation areas by connecting the new Town Plaza into the Sylvan Beach area, was proposed. The project will enhance the recreation and transportation capabilities of the City of La Porte trail system and further the intent of the City's marketing plan as well as Bicycle — Pedestrian Trail Plan. The pedestrian walkway will include benches, trees, bicycle racks, and drinking fountains along the pathway. SECOND QUARTER FY 10 -11 There are a few minor punch list items left to complete this project, which includes mainly equipment for the rest station at Central Park that is on order and has not been delivered. The project is on hold until work begins again on the Fairmont project as described above. Once that begins, then both the Fairmont project and the Punch List for this project will be completed at the same time (same contractor).