HomeMy WebLinkAbout02-28-22
On behalf of the Texas Police Chiefs Association Law Enforcement Recognition
Program, Chief Richard Reff will present the La Porte Police Department with its
Re-Recognition for meeting all requirements for Best Practices of Law
Enforcement, as established by the Texas Police Chiefs Law Enforcement
Recognition Program.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:February28, 2022
Requested By:Louis R. Rigby, Mayor Source of Funds:N/A
Department:City Council
Account Number:N/A
Amount Budgeted:N/A
ReportResolutionOrdinance
Amount Requested:N/A
Exhibits:None
Budgeted Item:YesNo
SUMMARY& RECOMMENDATION
This item has been added for consideration by City Councilof the absence of
CouncilpersonBrandon Lunsfordfrom the February 14meeting,
adoptedRules of Procedure, excerptedbelow.Councilperson Lunsfordmade the
required notification on January 10.
5.04Rules for Attendance at Regular Meetings of the City Council
Section 2.04 (b)(4) of the City Charter provides that a member of City Council shall
forfeit his or her office by failing
.
A member of City Council who will not be able to attend a regular Council meeting shall
or the City
inability to attend.
Absences shall be considered excused if for personal illness, family illness,
emergencies, funerals, military service, family events including vacations, weddings,
and graduations, business obligations, official city business such as attendance at a
conference for municipal officers, or for other good cause as determined by the
Council.At the next regular meeting following the meeting at which the member was
absence is deemed excused or unexcused.
Absence from a regular meeting shall be considered unexcused if the member fails to
convey the reason for his or her absence to the Mayor, City Manager or City Secretary
or otherwise fails to give sufficient information to the City Council to enable it to
determine the reason for the absence. Furthermore, absence due solely to the refusal
of the member to participate in a meeting through telephonic or video conference call,
when such measures are legally available to the member in accordance with state law,
shall be considered unexcused when the member fails to show good cause why the
member could not participate through such methods.
If a member is absent for more than fifty (50) percent of a meeting without being
excused by the City Council in accordance with rules and procedures established
herein, the member shall be considered absent from such meeting.
ACTION REQUIRED BY CITY COUNCIL
Consider excusing the absence of Brandon Lunsford from the February 14, 2022,
City Council meeting.
LOUIS R. RIGBY
BILL BENTLEY
Mayor
CouncilpersonDistrict 3
BRANDON LUNSFORD
THOMAS GARZA
CouncilpersonAt Large A
CouncilpersonDistrict 4
BRENT McCAULLEY
JAY MARTIN
CouncilpersonAt Large B
Mayor Pro Tem
MANDI WILLIAMS
CouncilpersonDistrict 5
CouncilpersonDistrict 1
ROBBIE McLARRIN
CHUCK ENGELKEN
CouncilpersonDistrict 6
Councilperson District 2
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
FEBRUARY 14, 2022
The City Council of the City of La Portemet in a regularmeetingonMonday, February 14, 2022,at
the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00p.m.,withthe
following in attendance:
Councilpersons present: Louis Rigby,Brent McCaulley, Mandi Williams, Chuck Engelken,Bill Bentley,
Thomas Garza,Jay Martin,Robbie McLarrin
Councilpersons attending remotely: None
Councilpersons absent: Brandon Lunsford
Council-appointed officers present:Corby Alexander, City Manager;Lee Woodward, City Secretary;
Clark Askins, AssistantCity Attorney
CALL TO ORDER Mayor Rigbycalled the meeting to order at6:00p.m.
2.INVOCATION The invocation was given by Reverend Dee Spears, Fairmont Park Church,and
pledgeswereled by Councilperson Jay Martin.
3.PRESENTATIONS, PROCLAMATIONS, AND RECOGNITIONS
a.Recognition of the Employee of the Year, Kelly Lathrem. \[Louis R. Rigby, Mayor\]
b.Recognition of the Manager of the Year, Lindsay French. \[Louis R. Rigby, Mayor\]
c.Recognition of the service of Randy Hanks. \[Louis R. Rigby, Mayor
4.CITIZENCOMMENT(Generally limited to five minutes per person; in accordance with state law, the
time may be reduced if there is a high number of speakers or other considerations.)
Dennis Wise of recyclopsspoke on hisrecycling enterprise.
5.CONSENTAGENDA(Approval of Consent Agenda items authorizes each to be implemented in
accordance with staff recommendations provided. An item may be removed from the consent agenda
and added to the Statutory Agenda for full discussion upon request by a member of the Council present
at this meeting.)
a.Approve the minutes of the regular City Council meeting held on January 24, 2022. \[Louis
R. Rigby, Mayor\]
b.Approve expenditure of the La Porte Development Corporation in an amount not to exceed
$27,308.00 to fund an economic incentive agreement between the La Porte Development
Corporation and Mark Rosado for the construction of Battleground Saloon at 116 S.
Broadway St. \[Corby Alexander, City Manager\]
c.Adopt Resolution 2022-01 authorizing the City Manager on behalf of the La Porte Police
Department to submit an application for the General Victim Assistance Grant through the
Governor's Office for Fiscal Year 2023, in order to continue full or partial funding for the
Crime Victim Liaison position. \[Steve Deardorff, Police Chief\]
d. Adopt Ordinance 2022-3867 for street and alley closure request #21-25000005, to vacate,
abandon,and close the H Street right-of-way situated between North Broadway Street and
th
8Street, and authorizing the execution and delivery of a deed to the adjoining landowners
and repealing Ordinance 2021-3855. \[Corby Alexander, City Manager\]
e. Adopt Ordinance 2022-3868 approving amendments to the City of La Porte Fiscal Year 2021-
22 Budget. \[Shelley Wolny, Assistant Finance Director\]
f. Authorize the City Manager to execute a professional services contract with CobbFendley
and Associates, Inc. for engineering required for utility relocations related to the State
Highway 146 widening project. \[Ray Mayo, Director of Public Works\]
Councilperson Bentley pulled item b and Councilperson Garza pulled items e and f. Councilperson
Garza moved to postpone consideration of item b to the next meeting; the motion was not seconded
and was not considered. Councilperson Bentley moved to approve items a, c, and d; the motion
was seconded by Councilperson McCaulley; the motion was adopted, 8-0.
Councilperson McCaulley moved to approve an expenditure of the La Porte Development
Corporation in an amount not to exceed $27,308.00 to fund an economic incentive agreement
between the La Porte Development Corporation and Mark Rosado for the construction of
Battleground Saloon at 116 S. Broadway St.; Mayor Pro Tem Martin seconded the motion; the
motion was adopted, 6-2, Councilpersons Bentley and Garza voting against.
Councilperson McCaulley moved to adopt Ordinance 2022-3868 approving amendments to the
City of La Porte Fiscal Year 2021-22 Budget; the motion was seconded by Councilperson
Engelken; the motion was adopted, 7-1, Councilperson Garza voting against.
Councilperson McCaulley moved to authorize the City Manager to execute a professional services
contract with CobbFendley and Associates, Inc. for engineering required for utility relocations
related to the State Highway 146 widening project; the motion was seconded by Councilperson
Bentley; the motion was adopted, 7-1, Councilperson Garza voting against.
6. STATUTORY AGENDA
a. Presentation, discussion, and possible action to approve amendments to the March 27,
2017, Local Government Code Chapter 380 Agreement between the City of La Porte and
Oakland Land & Development, Inc. \[Corby Alexander, City Manager\]
Councilperson McCaulley moved to approve amendments to the March 27, 2017, Local
Government Code Chapter 380 Agreement between the City of La Porte and Oakland Land &
Development, Inc.; the motion was seconded by Councilperson Bentley; the motion was adopted,
7-1, Mayor Pro Tem Martin voting against.
7. REPORTS
a. Receive report of the Drainage and Flooding Committee meeting. \[Mayor Pro Tem Martin,
Chair\]
Mayor Pro Tem Martin reported the Committee met and received updates on the project with the
City of Pasadena and with HCFCD, as well as other City projects, and expects to meet next on
March 14, 2022.
8. ADMINISTRATIVE REPORTS
Planning and Zoning Commission meeting, February 17, 2022
Fiscal Affairs Committee meeting, February 28, 2022
City Council meeting, February 28, 2022
City Manager Corby Alexander introduced new Assistant Emergency Management Coordinator, Adam
Kolenc.
9. COUNCIL COMMENTS Hear announcements concerning matters appearing on the agenda;
items of community interest; and/or inquiries of staff regarding specific factual information or
existing policy from the Mayor, Councilpersons, and City staff, for which no formal action will
be discussed or taken.
Councilpersons congratulated those recognized earlier in the meeting, encouraged EMS and Parks to
hang on to Kelly and Lindsay, and offered condolences to the Hanks family; urged those interested to
support and not oppose recyclops; mentioned with regret the closing of The Medicine Shop and lauded
its owner, Neil; and fondly remembered former Lomax and City of La Porte City Clerk/City Secretary,
chair of the Planning Commission, and Councilperson Betty T. Waters, who passed last week.
10. EXECUTIVE SESSION
a. Texas Government Code Sec. 551.071 (1)(A) - Pending or Contemplated Litigation: The City
Council will meet in closed session with the City Manager and legal counsel to discuss SV
Sons HWY 146, LLC vs. City of La Porte, Texas. \[George Vie, Counsel for City; Clark Askins,
Assistant City Attorney; Corby Alexander, City Manager\]
b. Texas Government Code Sec. 551.072 - Deliberation regarding the purchase, exchange,
lease or value of real property: The City Council will meet in closed session with the City
Manager, Director of Public Works, and Assistant City Attorney to discuss the lease of real
property at the La Porte Municipal Airport.
The Council convened in executive session at 7:17 p.m.
11. RECONVENE into open session and consider action, if any, on item(s) discussed in
executive session.
The Council reconvened into open session at 8:18 p.m. Regarding item a, the Council met with attorney
George Vie, via Zoom. Councilperson McCaulley moved to direct counsel to proceed with discussions
with the opposing party, as addressed in closed session, and return to the Council for further direction,
and to take appropriate post-summary judgment steps; the motion was seconded by Councilperson
Engelken; the motion was adopted, 8-0.
Regarding item b, Councilperson Garza moved to direct staff to negotiate a lease of real property at La
Porte Municipal Airport with TriStar; the motion was seconded by Councilperson Bentley; the motion
was adopted, 8-0.
ADJOURN Without objection, the Council adjourned at 8:21 p.m.
_______________________________
Lee Woodward, City Secretary
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: February 28, 2022
Requested By:Source of Funds:
Department:City Secretary
Account Number:
Amount Budgeted:
ReportResolutionOrdinance
Amount Requested:
Exhibits: Proposed Ord. 2022-3866
Budgeted Item:YesNo
Existing 1990 Ordinance 1675
Redline comparison of both ordinances
RIM PPT
SUMMARY& RECOMMENDATION
In 1990, pursuant to state statute, the City of La Porte adopted Ordinance 1675
governing records management. In the years since, the City has grown in complexity
in terms of size, variety of work methods, storage systemsand overall volume of
records to be managed. In the same time, the field of records and information
management and the laws that relate to it have likewise expanded.
This ordinance has been reviewed with the aim of updatings and
information management. Microphotography is heavilydiscussed in the 1990
ordinance, but is much less prevalent with the rise of digital storage. Regardless,
methodologies and such detailed information is more appropriate in a process manual
than an ordinance. Additionally, the passage of Texas S.B. 944 in2019 and its
modifications to the Public Information Act regarding temporary custodians emphasized
the importance of understanding that the definition of governmental records remains
based on production and content and not on distinctions in where the information is
https://www.county.org/News/County-Issues/2019/November/SB-944-Public-
Information-Act-Temporary-Custodian). Public information requests in the last few
years have begun to include more references to other devices used by staff and the
necessity of being able to properly (and promptly) store, access, and conduct
disposition for records in many formats and locations.
The City Secretary and Open Government Analyst recommend adoption of Ordinance
2022-
to reflect current practices in this field and their proper application to the City as an
organization.
ACTION REQUIRED BY CITY COUNCIL
Adopt Ordinance 2022-
management ordinance.
ORDINANCE 2022-3866
AN ORDINANCE AMENDING THE ADMINISTRATION OF THE RECORDS AND
INFORMATION MANAGEMENT PROGRAM FOR THE CITY OF LA PORTE, TEXAS;
DESIGNATING THE CITY SECRETARY AS THE RECORDS MANAGEMENT
OFFICER; PROVIDING GENERAL OUTLINE OF DUTIES; PROVIDING
OWNERSHIP OF MUNICIPAL RECORDS AND RESPONSIBILITIES OF OFFICERS
AND EMPLOYEES WITH RESPECT THERETO; PROVIDING FOR DESTRUCTION
OF ORIGINAL MUNICIPAL PUBLIC RECORDS AND FOR ALL OTHER MUNICIPAL
RECORDS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; FINDING COMPLIANCE WITH
THE TEXAS OPEN MEETINGS ACT; PROVIDING FOR CODIFICATION; AND
CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT
WHEREAS, the Texas Local Government Records Act required the governing body of each local
government to adopt an ordinance, order, or plan establishing a records management program
before January 1, 1991; and
WHEREAS, the City of La Porte established an active and continuing program for the efficient and
economical management of all City of La Porte records on January 22, 1990, and now desires
to update the records management program provide for an orderly and efficient system of
records retention, retrieval, and destruction of the City; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
SECTION 1. Purpose.
Recognizing that the citizens of La Porte have a right to expect, and the City has an obligation to foster,
efficient and cost-effective government, and recognizing the central importance of local government
records in the lives of all citizens, the City Council of the City of La Porte finds that:
1) the efficient management of local government records is necessary for the effective operation of
the City;
2) the preservation of City records of permanent value is necessary to provide staff, residents, and
those providing services to and doing business with resources concerning their history and to
document their rights of citizenship and property;
3) convenient access to advice and assistance based on well-established and professionally recognized
records management techniques and practices is necessary to promote the establishment of sound
records management programs in local governments; and
4) the establishment of uniform standards and procedures for the maintenance, preservation,
microfilming, or other disposition of local government records is necessary to fulfill these
important public purposes.
It is declared to be the policy of the City to have a robust resilient records and information management
program that oversees efficient, economical, and effective creation, distribution, organization, maintenance,
use, and disposition of all City records through a comprehensive system of integrated procedures.
SECTION 2. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Commission means director and librarian of the Texas State Library and Archives Commission
(TSLAC). The director and librarian of TSLAC monitor standards in the fields of information and
records management developed for use by federal agencies or adopted by national organizations to set
standards and recommend any needed amendments to rules and practices.
Custodian means the appointed or elected public officer who by the state constitution, state law,
ordinance, or administrative policy is in charge of an office that creates or receives City government
records.
Department means a City department, division, or the functional equivalent.
Department director/division manager means the officer who by ordinance, order, or administrative
policy is in charge of an office of the City.
Digital, when used in reference to a record, means the record is maintained in an electronic data format
that requires an electronic device to create, store, access, retrieve, or read the record.
Employee means a person employed by the City.
Essential record means any record of the City necessary to the resumption or continuation of operations
of the City in an emergency or disaster, to the recreation of the legal and financial status of the City, or
to the protection and fulfillment of obligations to the people of the state. (These are sometimes referred
to as vital records, but the City will reserve that term for birth/death/marriage records, as retained by
Harris County.)
Local Government Records Act means Title 6 (Records), Subtitle C (Records Provisions Applying to
More Than One Type of Local Government), of the Texas Local Government Code, and includes the
rules adopted by the Texas State Library and Archives Commission.
Permanent record and record of permanent value mean any City record for which the retention period
on a records retention schedule issued by the state library and archives commission is given as
permanent.
Physical, when used in reference to a record, means that the record is maintained in a tangible form,
such as paper, photographic film, analog tape, or a similar medium.
Records retention schedule (or records control schedule) means a document prepared by or under the
authority of the Records Management Officer listing the records maintained by the City, their retention
periods, and other records disposition information that the records management program may require.
Records liaison officers means the persons designated under Section 8.
Records management/records and information management (RIM) means the application of
management techniques to the creation, use, maintenance, retention, preservation and disposal of
records for the purposes of reducing the costs and improving the efficiency of recordkeeping. The term
records management includes the development of records retention schedules, the management of
filing and information retrieval systems, the protection of essential and permanent records, the
economical and space-effective storage of inactive records, control over the creation and distribution
of forms, reports, and correspondence, and the management of micrographics and electronic and other
records storage systems. The term Records and Information Management (RIM) Program also includes
the plan developed under Section 4.
Records management officer means the person designated in Section 5.
Retention period means the minimum time that must pass after the creation, recording or receipt of a
record, or the fulfillment of certain actions associated with a record, before it is eligible for destruction.
Nomenclature: The following conventions apply for the normative specifications in this
Recommended Practice:
a) the
ct.
Note These conventions do not imply constraints on diction in text that is clearly informative in
nature.
SECTION 3. City Records Declared Public Property.
All Cityrecords are declared to be property of the City. No Cityofficer or employee shall have, by virtue
of his office or employment, any personal or property right to any such records even though he or she may
have developed or compiled them. No person shall destroy, remove, or use any City record except as
authorized by law or the policies and procedures of the City. However, no policy or procedure regarding
use, removal, or destruction of City records shall be adopted which conflicts with this division or applicable
state or federal law, and nothing contained in this division shall be construed to authorize the disclosure of
City records which are exempt from disclosure under state or federal law.
SECTION 4. Records and Information Management (RIM) Program.
There is established a records and information management (RIM) program. The City Secretary shall
administer the records and information management program and shall be responsible for Citywide files
management. In addition, the City Secretary shall have direction and control of the City's records disposition
program. This program shall be created and conducted in accordance with State law and the
recommendations of the Texas State Library and Archives Commission.
SECTION 5. Duties of the Records Management Officer (RMO).
A. The City Secretary is the Records Management Officer (RMO) under Local Government Code, §
203.025 (Designation of Records Management Officer) for the City, and shall:
1) appoint a City Records Manager to implement this chapter, who shall be subject to the direction of
the City Secretary/RMO;
2) develop, implement, and administer a Citywide records management program that complies with
the Local Government Records Act;
3) coordinate, and to the extent practicable, standardize records management practices among City
departments and divisions;
4) chair any City records or information governance or oversight committee:
5) serve on any City technology governance or oversight committee;
6) prepare, review, and approve each new and amended records retention schedule for each City
department, and make necessary changes to the schedules at intervals set by the records
management program;
7) receive reports from the City Records Manager for noncompliance with the records management
program by a department director, City employee, or City contractor;
8) provide storage, retrieval, and destruction services for physical records no longer required to be
kept in active office space and transferred to the records center;
9) provide support for Citywide document and imaging management systems and services designed
to manage digital records;
10) provide consulting services and training to departments and employees on the implementation of
the records management program, records and information technology requirements, and other
subjects related to records and information management;
11) assist department/division records liaisons to identify essential records and establish a disaster
recovery plan for records; and
12) develop procedures to ensure the permanent preservation of the historically valuable records of the
City.
B. Subject to the direction of the City Secretary, the City Records Manager may perform a duty assigned
by this section to the City Secretary.
SECTION 6. Records Management Program.
A. The Records Manager shall submit the records management program to the City Secretary for approval.
The records management program approved by the City Secretary is the City's records management
program.
B. The records management program must:
1) comply with the Local Government Records Act;
2) to the extent practicable, standardize records management practices among City departments;
3) in cooperation with the commission, establish guidelines for the implementation of records
retention schedules;
4)establish training requirements for department records liaisons;
5) establish guidelines for City information technology systems and services to ensure that the systems
and services create, store, manage, protect, preserve, dispose of, and provide access to records in
compliance with the records management program;
6) establish guidelines for the destruction of records, including the information that must be
maintained in a destruction log;
7) improve the efficiency of record-keeping;
8) enable the City Secretary to perform the duties prescribed by this chapter;
9) establish guidelines and eligibility criteria for transferring records to microfilm, or to an electronic
or digital format, including guidelines for the disposition of records that have been transferred;
10) provide adequate protection of the essential records of the City, including a disaster recovery plan
for records;
11) regulate the operations and use of the storage building serving as the depository of inactive records
with continuing value to the City; and
12) establish guidelines to ensure the preservation of long-term or permanent physical and digital
records of the City.
SECTION 7. Duties of a Councilperson/Council Office.
A. Councilpersons shall maintain any record created or received by the Councilperson or the
office in compliance with the records management program.
B. Unless the City Secretary is the records management officer for a office, the
Councilperson must perform the duties of the records liaison as if the office were a
department/division, or allow the City Sto assume those duties.
SECTION 8. Responsibilities of Department Directors/Division Managers.
All City department directors/division managers are responsible for the implementation and operation of
effective files operations, record transfers and dispositions, and other activities within their areas of
responsibility. They shall designate records liaisons within their offices and provide the City
Secretary/RMO and Records Manager the names of such designees and of all file categories and storage
locations under their supervision. Persons designated as records liaisons shall report directly to the director
of their department/manager of their division on matters relating to the records management program and
should have appropriate access to all files in their department.
In the event of the resignation, retirement, dismissal, or removal by action of the department/division head
of a person designated as a records liaison officer, the department/division head shall promptly designate
another person to fill the vacancy. A department/division head may serve as records liaison officer for the
department/division.
SECTION 9. Responsibilities of Records Liaisons.
Each records liaison shall:
1) cooperate with the City Secretary to implement the records management program in the
department/division;
2) distribute information about the records management program to department/division employees;
3) ensure that the creation, storage, retention, destruction, disposition, security, and accessibility of
the department's records are in compliance with the records management program;
4) identify essential records of the department and establish, implement, and maintain a records
disaster recovery plan;
5) review the department/division practices at intervals set by the City Secretary to determine if they
comply with the records management program;
6) review each new information technology system or system enhancement to ensure that the system
or system enhancement addresses and complies with the records management program; and
7) notify the City Secretary within 24 hours of the discovery of any loss, theft, or damage to a
department record.
SECTION 10.Department/Division Information Management Teams.
A. Each department/division shall have an information management team consisting of:
1) the department's information administrator, who is the chair of the team;
2) a City Secretary's staff member; and
3) for a department that has more than one division or physical location:
a) at least one employee, designated by the director, who is responsible for information
management in each division in the department; and
b) at least one employee, designated by the director, who is responsible for information
management in each separate location of the department.
B. The information management team shall:
1) meet at intervals set by the information management program;
2) review the records retention schedule and records management practices at intervals set by the
to determine whether the departmental/divisional practices are
in compliance with the information management program, and implement corrective action for
program compliance;
3) complete reports required by the ; and
4) complete training required by the information management program.
SECTION 11. Records Retention Schedules.
The Records Management Officer and Records Manager, in compliance with the latest TSLAC record
retention schedules, as amended, shall review the
additional modification of the schedules.
SECTION 12. Records Storage.
The City Secretary shall coordinate with the City Manager and IT Manager maintain adequate records
storage, both
program.
The Records Management Officer shall determine if a City archives is necessary for the security and
maintenance of and access to historical materials. If established, the Records Management Officer shall
establish policies and procedures regulating the operations and use of such archives.
SECTION 13. 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 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 14. This ordinance shall take effect and be in force from and after its passage and approval.
PASSED AND APPROVED this, the ______ day of _____________, 2022.
CITY OF LA PORTE, TEXAS
____________________________________
Louis R. Rigby, Mayor
ATTEST: APPROVED:
___________________________ ___________________________________
Lee Woodward, City Secretary Clark T. Askins, Assistant City Attorney
ORDINANCE NO. 16752022-3866
AN ORDINANCE AMENDING THE ADMINISTRATION OF THE RECORDS AND
INFORMATION MANAGEMENT PROGRAM FOR THE CITY OF LA PORTE, TEXAS;
DESIGNATING THE CITY SECRETARY AS THE RECORDS MANAGEMENT
OFFICER; PROVIDING GENERAL OUTLINE OF DUTIES; PROVIDING
OWNERSHIP OF MUNICIPAL RECORDS AND RESPONSIBILITIES OF OFFICERS
AND EMPLOYEES WITH RESPECT THERETO; PROVIDING FOR DESTRUCTION
OF ORIGINAL MUNICIPAL PUBLIC RECORDS AND FOR ALL OTHER MUNICIPAL
RECORDS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; FINDING COMPLIANCE WITH
THE TEXAS OPEN MEETINGS ACT; PROVIDING FOR CODIFICATION; AND
CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT
AN ORDINANCE GOVERNING RETENTION AND DISPOSITION OF PUBLIC CITY RECORDS;
PROVIDING FOR THE MICROPHOTOGRAPHY, DESTRUCTION AND OTHER DISPOSITION OF
PUBLIC RECORDS; PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the Texas Local Government Records Act required the governing body of each local
government to adopt an ordinance, order, or plan establishing a records management program
before January 1, 1991; and
WHEREAS, the City of La Porte established an active and continuing program for the efficient and
economical management of all City of La Porte records on January 22, 1990, and now desires
to update the records management program provide for an orderly and efficient system of
records retention, retrieval, and destruction of the City; now, therefore,
WHEREAS, Subtitle C, Title 6, Texas Local Government Code, provides
that any incorporated city may adopt an ordinance providing for the
microphotography, destruction, or other disposition of public records,
and
WHEREAS, the City of La Porte desires to adopt an ordinance for that
purpose and to provide for an orderly and efficient system of records
retention, retrieval, and destruction; NOW, THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
SECTION 1. Purpose.
Recognizing that the citizens of La Porte have a right to expect, and the City has an obligation to foster,
efficient and cost-effective government, and recognizing the central importance of local government
records in the lives of all citizens, the City Council of the City of La Porte finds that:
1) the efficient management of local government records is necessary for the effective operation of
the City;
2) the preservation of City records of permanent value is necessary to provide staff, residents, and
those providing services to and doing business with resources concerning their history and to
document their rights of citizenship and property;
3) convenient access to advice and assistance based on well-established and professionally recognized
records management techniques and practices is necessary to promote the establishment of sound
records management programs in local governments; and
4) the establishment of uniform standards and procedures for the maintenance, preservation,
microfilming, or other disposition of local government records is necessary to fulfill these
important public purposes.
It is declared to be the policy of the City to have a robust resilient records and information management
program that oversees efficient, economical, and effective creation, distribution, organization, maintenance,
use, and disposition of all City records through a comprehensive system of integrated procedures.
Section 1. DEFINITION OF CITY RECORDS. All papers,
correspondence, memoranda, accounts, reports, maps, plans, photographs,
sound and video recordings, files, microforms, magnetic or paper tapes,
magnetic or optical disks, punched cards, or other documents,
regardless of physical form or characteristic, which have been or shall
be created, received, filed, or recorded by any city office or
department or its lawful successor, or officials thereof in pursuance
of law or ordinance or in the conduct, transaction, or performance of
any business, duty or function of public business, whether or not
confidential or restricted in use, are hereby declared to be records
of the City of La Porte, and shall be created, maintained, and
disposed of in accordance with the provisions of this ordinance or
procedures authorized by it and in no other manner. Library and museum
materials acquired solely for reference, exhibit, or display and stocks
of publications shall not constitute records for purposes of this
ordinance.
SECTION 2. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Commission means director and librarian of the Texas State Library and Archives Commission
(TSLAC). The director and librarian of TSLAC monitor standards in the fields of information and
records management developed for use by federal agencies or adopted by national organizations to set
standards and recommend any needed amendments to rules and practices.
Custodian means the appointed or elected public officer who by the state constitution, state law,
ordinance, or administrative policy is in charge of an office that creates or receives City government
records.
Department means a City department, division, or the functional equivalent.
Department director/division manager means the officer who by ordinance, order, or administrative
policy is in charge of an office of the City.
Digital, when used in reference to a record, means the record is maintained in an electronic data format
that requires an electronic device to create, store, access, retrieve, or read the record.
Employee means a person employed by the City.
Essential record means any record of the City necessary to the resumption or continuation of operations
of the City in an emergency or disaster, to the recreation of the legal and financial status of the City, or
to the protection and fulfillment of obligations to the people of the state. (These are sometimes referred
to as vital records, but the City will reserve that term for birth/death/marriage records, as retained by
Harris County.)
Local Government Records Act means Title 6 (Records), Subtitle C (Records Provisions Applying to
More Than One Type of Local Government), of the Texas Local Government Code, and includes the
rules adopted by the Texas State Library and Archives Commission.
Permanent record and record of permanent value mean any City record for which the retention period
on a records retention schedule issued by the state library and archives commission is given as
permanent.
Physical, when used in reference to a record, means that the record is maintained in a tangible form,
such as paper, photographic film, analog tape, or a similar medium.
Records retention schedule (or records control schedule) means a document prepared by or under the
authority of the Records Management Officer listing the records maintained by the City, their retention
periods, and other records disposition information that the records management program may require.
Records liaison officers means the persons designated under Section 8.
Records management/records and information management (RIM) means the application of
management techniques to the creation, use, maintenance, retention, preservation and disposal of
records for the purposes of reducing the costs and improving the efficiency of recordkeeping. The term
records management includes the development of records retention schedules, the management of
filing and information retrieval systems, the protection of essential and permanent records, the
economical and space-effective storage of inactive records, control over the creation and distribution
of forms, reports, and correspondence, and the management of micrographics and electronic and other
records storage systems. The term Records and Information Management (RIM) Program also includes
the plan developed under Section 4.
Records management officer means the person designated in Section 5.
Retention period means the minimum time that must pass after the creation, recording or receipt of a
record, or the fulfillment of certain actions associated with a record, before it is eligible for destruction.
Nomenclature: The following conventions apply for the normative specifications in this
Recommended Practice:
inding and verifiable specification;
Note These conventions do not imply constraints on diction in text that is clearly informative in
nature.
Section 2. CITY RECORDS DECLARED ON PUBLIC PROPERTY. All
city records as defined in Section 1 of this ordinance are hereby declared
to be property of the City of La Porte. No City official or employee
has, by virtue of his or her position, any personal or property right to
such records even though he or she may have developed or compiled them.
The unauthorized destruction, removal from files, or use of such records
is prohibited.
SECTION 3. City Records Declared Public Property.
All City records are declared to be property of the City. No City officer or employee shall have, by virtue
of his office or employment, any personal or property right to any such records even though he or she may
have developed or compiled them. No person shall destroy, remove, or use any City record except as
authorized by law or the policies and procedures of the City. However, no policy or procedure regarding
use, removal, or destruction of City records shall be adopted which conflicts with this division or applicable
state or federal law, and nothing contained in this division shall be construed to authorize the disclosure of
City records which are exempt from disclosure under state or federal law.
Section 3. POLICY. It is hereby declared to be the policy of
the City of La Porte to provide for efficient, economical and
effective controls over the creation, distribution, organization,
maintenance, use, and disposition of all City records through a
comprehensive system of integrated procedures for the management of
records from their creation to their ultimate disposition.
SECTION 4. Records and Information Management (RIM) Program.
There is established a records and information management (RIM) program. The City Secretary shall
administer the records and information management program and shall be responsible for Citywide files
management. In addition, the City Secretary shall have direction and control of the City's records disposition
program. This program shall be created and conducted in accordance with State law and the
recommendations of the Texas State Library and Archives Commission.
SECTION 5. Duties of the Records Management Officer (RMO).
A. The City Secretary is the Records Management Officer (RMO) under Local Government Code, §
203.025 (Designation of Records Management Officer) for the City, and shall:
1) appoint a City Records Manager to implement this chapter, who shall be subject to the direction of
the City Secretary/RMO;
2) develop, implement, and administer a Citywide records management program that complies with
the Local Government Records Act;
3) coordinate, and to the extent practicable, standardize records management practices among City
departments and divisions;
4) chair any City records or information governance or oversight committee:
5) serve on any City technology governance or oversight committee;
6) prepare, review, and approve each new and amended records retention schedule for each City
department, and make necessary changes to the schedules at intervals set by the records
management program;
7) receive reports from the City Records Manager for noncompliance with the records management
program by a department director, City employee, or City contractor;
8) provide storage, retrieval, and destruction services for physical records no longer required to be
kept in active office space and transferred to the records center;
9) provide support for Citywide document and imaging management systems and services designed
to manage digital records;
10) provide consulting services and training to departments and employees on the implementation of
the records management program, records and information technology requirements, and other
subjects related to records and information management;
11) assist department/division records liaisons to identify essential records and establish a disaster
recovery plan for records; and
12) develop procedures to ensure the permanent preservation of the historically valuable records of the
City.
B. Subject to the direction of the City Secretary, the City Records Manager may perform a duty assigned
by this section to the City Secretary.
Section 4. RECORDS MANAGEMENT RESPONSIBILITY ESTABLISHED.
The
City Secretary is hereby appointed the City Records Management
Officer, and is responsible for directing and coordinating all
records management operations for City offices and departments.
The City Secretary shall have the following records management
responsibilities and duties, and other records management duties as
assigned by the City Manager:
1. Plan formulate, and prescribe basic files management and
records disposition policies, systems, standards, and procedures.
2. Prepare records retention schedules in cooperation with
department heads for all City offices and departments and establish
retention periods for all records. Retention periods shall be
approved by department heads for departmental operating requirements
and shall be approved by the City Attorney for legal requirements, and
by the City Manager for overall city administrative and historical
requirements.
3. Design and manage the operations of a Records Center for
the low cost storage of inactive records, or contract with a
commercial records center for the safe storage, servicing and
disposal of the City records in accordance with established
procedures.
4. Audit department compliance with records retention
schedules, and report to the City Manager failure of any officer or
department to comply with established records retention and
disposition procedures.
S. Review retention schedules annually and update and amend as
needed.
6. Define and identify vital records and establish vital
records protection measures and procedures for protecting vital
information, in order to enable the City to re-establish operations
quickly and with the minimum of disruption and expense in the event
of a local disaster.
7. Develop a uniform administrative subject file
classification and indexing system for filing and controlling general
subject file material, including a subject filing procedures manual.
8. Prepare, disseminate and maintain a records management
procedures manual to meet the current and long-term information
needs of the City.
9. Train department heads and other personnel in the
fundamentals of records management and their duties and
responsibilities in the records management program.
10. Provide records management advice and assistance to all
City offices and departments through preparation and maintenance of
a records management procedures manual, through training, and
through on-site consultation.
11. Direct and coordinate all micrographic, magnetic or
electronic image management operations or activities that may be
deemed necessary and appropriate for the effective management of
City records.
12. Establish a city-wide forms management program to control
the initiation, design, use, printing, stocking, reordering of City
forms, and the disposal of obsolete forms.
13. Establish and monitor compliance with standards for filing
and storage equipment and supplies in all City offices and
departments, and report to the City Manager failure of any officer
or department to comply with standards.
14. Coordinate the city-wide records management program and
report annually to the City Manager on program activities and
accomplishments in each City department.
15. Develop procedures to insure the permanent preservation of
the historically valuable records of the City.
16. Protect privacy and assure availability of public
information from records stored in the records center1 bring to the
attention of the City Manager any office not in compliance with laws
and ordinances regarding public access to information or protection
of privacy.
17. Prepare and submit annually to the City Manager the budget
requirements for the records management operations to fulfill the
records management goals of the City.
Section 5. OFFICE OF RECORDS ADMINISTRATION. The City
Secretary shall appoint a City Records Adm1n1strator who shall
administer the City records management operations under the guidance
and supervision of the City Secretary. The City Records Administrator
shall perform all records management administrative functions assigned
by the City Secretary in the fulfillment of the records management
responsibilities specified in this ordinance.
SECTION 6. Records Management Program.
A. The Records Manager shall submit the records management program to the City Secretary for approval.
The records management program approved by the City Secretary is the City's records management
program.
B. The records management program must:
1) comply with the Local Government Records Act;
2) to the extent practicable, standardize records management practices among City departments;
3) in cooperation with the commission, establish guidelines for the implementation of records
retention schedules;
4) establish training requirements for department records liaisons;
5) establish guidelines for City information technology systems and services to ensure that the systems
and services create, store, manage, protect, preserve, dispose of, and provide access to records in
compliance with the records management program;
6) establish guidelines for the destruction of records, including the information that must be
maintained in a destruction log;
7) improve the efficiency of record-keeping;
8) enable the City Secretary to perform the duties prescribed by this chapter;
9) establish guidelines and eligibility criteria for transferring records to microfilm, or to an electronic
or digital format, including guidelines for the disposition of records that have been transferred;
10) provide adequate protection of the essential records of the City, including a disaster recovery plan
for records;
11) regulate the operations and use of the storage building serving as the depository of inactive records
with continuing value to the City; and
12) establish guidelines to ensure the preservation of long-term or permanent physical and digital
records of the City.
SECTION 7. Duties of a Councilperson/Council Office.
A. Councilpersons shall maintain any record created or received by the Councilperson or the
office in compliance with the records management program.
B. Unless the City Secretary is the records management officer for a office, the
Councilperson must perform the duties of the records liaison as if the office were a
department/division, or allow the City Sto assume those duties.
Section 6. RESPONSIBILITIES OF CITY DEPARTMENT HEADS. All
City office and department heads are responsible for the
implementation and operation of effective files operations, records,
transfers and dispositions, and other activities in accordance with
the provisions of this ordinance within their areas of
responsibility. They shall designate Records Coordinators within
their offices and provide the City Secretary with the names of such
designees and of all file stations and file custodians under their
supervision. Persons designated as Records Coordinators shall report
directly to the head of their department on matters relating to the
records management program and should have full access to all files in
their department.
SECTION 8. Responsibilities of Department Directors/Division Managers.
All City department directors/division managers are responsible for the implementation and operation of
effective files operations, record transfers and dispositions, and other activities within their areas of
responsibility. They shall designate records liaisons within their offices and provide the City
Secretary/RMO and Records Manager the names of such designees and of all file categories and storage
locations under their supervision. Persons designated as records liaisons shall report directly to the director
of their department/manager of their division on matters relating to the records management program and
should have appropriate access to all files in their department.
In the event of the resignation, retirement, dismissal, or removal by action of the department/division head
of a person designated as a records liaison officer, the department/division head shall promptly designate
another person to fill the vacancy. A department/division head may serve as records liaison officer for the
department/division.
Section 7. RESPONSIBILITIES OF RECORDS COORDINATORS. The
Records Coordinator in each office or department is responsible for
providing coordination between the City Secretary and personnel in
his or her office to ensure the compliance with provisions of this
ordinance. This responsibility shall include overseeing the
implementation of records retention schedules and vital records
protection schedules within the office or department.
SECTION 9. - Responsibilities of Records Liaisons.
Each records liaison shall:
1) cooperate with the City Secretary to implement the records management program in the
department/division;
2) distribute information about the records management program to department/division employees;
3) ensure that the creation, storage, retention, destruction, disposition, security, and accessibility of
the department's records are in compliance with the records management program;
4) identify essential records of the department and establish, implement, and maintain a records
disaster recovery plan;
5) review the department/division practices at intervals set by the City Secretary to determine if they
comply with the records management program;
6) review each new information technology system or system enhancement to ensure that the system
or system enhancement addresses and complies with the records management program; and
7) notify the City Secretary within 24 hours of the discovery of any loss, theft, or damage to a
department record.
Section 8. CITY OFFICES TO USE RECORDS RETENTION
SCHEDULES.
All City offices and departments shall adopt records retention
schedules and destroy, transfer, or otherwise dispose of records only
according to such schedules.
SECTION 10. Department/Division Information Management Teams.
A. Each department/division shall have an information management team consisting of:
1) the department's information administrator, who is the chair of the team;
2) a City Secretary's staff member; and
3) for a department that has more than one division or physical location:
a) at least one employee, designated by the director, who is responsible for information
management in each division in the department; and
b)at least one employee, designated by the director, who is responsible for information
management in each separate location of the department.
B. The information management team shall:
1) meet at intervals set by the information management program;
2) review the records retention schedule and records management practices at intervals set by the
to determine whether the departmental/divisional practices are
in compliance with the information management program, and implement corrective action for
program compliance;
3) complete reports required by the ; and
4) complete training required by the information management program.
Section 9. DEVELOPMENT OF RECORDS RETENTION SCHEDULES.
Records retention schedules shall be prepared and approved in
accordance with the Records Management Procedures Manual prepared by
the City Secretary and approved by the City Manager. Any
irreconcilable problems in obtaining agreement for operational, legal
and city administrative and historical requirements from the department
head, City Attorney and City Manager respectively, shall be submitted
by the City Secretary to the City Manager for resolution and final
disposition.
Revision of retention periods shall be submitted for required
approvals in the same manner as the original retention schedules.
When a records retention schedule is approved at all required
levels, it shall thenceforth constitute full authority to transfer,
destroy or take other actions prescribed, and the City Council
hereby directs that such action be taken by the City Secretary or
under her supervision. The City Secretary shall notify the State
Librarian of intended destruction of records, as required by law, but
no further notice to the City Council shall be required.
SECTION 11. Records Retention Schedules.
The Records Management Officer and Records Manager, in compliance with the latest TSLAC record
retention schedules, as amended, shall
additional modification of the schedules.
Section 10. ONE-TIME DESTRUCTION OF OBSOLETE RECORDS. Prior
to adoption of records schedules for an office, one-time destruction
of accumulated, obsolete records of that office may be made by or under
the supervision of the City Secretary. Prior to such destruction, the
City Secretary shall submit lists of records to be destroyed to the
City Manager and the City Attorney, who shall give notice within ten
(10) working days: of any records they believe should not be destroyed;
and such records shall be retained for a period suggested by either.
The City Secretary shall also submit notice as required by law to the
State Librarian. Obsolete records shall include those no longer created
by the office or department and no longer needed for administrative,
legal, fiscal, or other research purposes.
Section 11. PRESERVATION OF PERMANENT RECORDS. The City
Secretary shall develop procedures to insure the permanent
preservation of the historically valuable records of the City. The
City Secretary shall provide housing under archival conditions for
such records, in the Records Center, or in another municipal
facility, and in such manner that the records, unless their use is
restricted by law or regulation, are open to the public for research
purposes. If City owned facilities are not available, the City
Secretary shall arrange for the transfer of the records to the Texas
State Library for perpetual care and preservation on one of its
nearby Regional Historical Resource Depositories, or shall make
other arrangements for their permanent preservation not contrary to
law or regulation. In no circumstances, shall the permanent records
the city by transferred to private individuals, to private
historical societies or museums, or to private colleges or
universities.
Section 12. NON-CURRENT RECORDS NOT TO BE MAINTAINED IN
OFFICE FILES. Records no longer required in the conduct of current
business by any office of the City shall be promptly transferred to the
Records Center or archives or the State Library, or be destroyed, at
the time such action is designated on an approved records retention
schedule. Such records shall not be maintained in current office files
or equipment.
Section 13. MICROGRAPHICS PROGRAM ESTABLISHED. A centralized
micrographics program shall be designed and implemented by the City
Secretary to serve all City offices and departments. No office or
department shall operate a separate micrographics program, and no City
funds may be expended to film, or to contract with a service company
to film, any City records, except with the approval of the City
Secretary.
Section 14. RECORDS TO BE MICROPHOTOGRAPHED. The City
Secretary shall determine how long the various records of the City
could be stored, before the cost of storage during their retention
periods, would exceed the cost of preserving them in microfilm. In
making this determination, the City Secretary shall compare long- term
lease of low-cost storage facilities, in addition to, or in place of,
any records storage building operated by the City, with the cost of
microphotography. In calculating comparative costs, the City Secretary
shall consider document preparation and refiling time of staff, and
other indirect costs of micrographics, as well as the cost of separate
archival storage for master negatives of microfilm. Records determined
to be more economically stored on microfilm shall be microphotographed
and, in addition, the City Secretary shall include the following types
of records in the micrographic program:
1. Those which the Records Management Officer determined are
of historical value and whose preservation are best insured by
microphotographing the records on archival quality film.
2. Those which because of the nature of the information they
contain are indispensable to the continued operations of an office
and, therefore, should be microphotographed to provide a security
copy.
3. Those which because of high volume use require frequent
and/or large number of copies to be made which could be made most
efficiently or economically through microfilm.
Section 15. MICROGRAPHICS STANDARDS. Microfilm used for
archival or security purposes as outlined in Section 14 must meet the
technical standards for quality, density, resolution, and definition
of the American National Standards Institute as required by law. The
master negatives of such film shall not be used for making use
copies and shall be stored off-site under the environmental and
security standards of the American National Standards Institute.
Microform records must be indexed. The City Secretary or an authorized
deputy shall check and certify that a microform record is a true and
accurate duplication of the original record and shall cause to be
included as part of the microform record certification images to that
effect. All microfilming shall be done in accordance with Texas State
Library and Archives Commission standards and procedures.
Section 16. ACCBSSIBILITY OF RECORDS ON MICROFORM. The public
is hereby given identical access to records on microform to which they
would be entitled under law if the records were in an other medium.
SECTION 12. Records Storage.
The City Secretary shall coordinate with the City Manager and IT Manager maintain adequate records
program.
The Records Management Officer shall determine if a City archives is necessary for the security and
maintenance of and access to historical materials. If established, the Records Management Officer shall
establish policies and procedures regulating the operations and use of such archives.
Section 17. 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, Article 6252-17, Texas Revised Civil Statutes
Annotated; and that this meeting has been open to the public as required
by law at all times during which this ordinance 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 13. 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 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 18. This Ordinance shall be effective from and after
passage and approval.
SECTION 14. This ordinance shall take effect and be in force from and after its passage and approval.
PASSED AND APPROVED this, the ______ day of _____________, 2022.
CITY OF LA PORTE, TEXAS
____________________________________
Louis R. Rigby, Mayor
ATTEST: APPROVED:
___________________________ ___________________________________
Lee Woodward, City Secretary Clark T. Askins, Assistant City Attorney
RECORDS AND INFORMATION MANAGEMENT
GLADIS SANCHEZ, TRMC
OPEN GOVERNMENT ANALYST
WHAT IS A RECORD
Documents the transaction of City
business
Is created or received by or on behalf of
the City
IMPORTANCE OF RECORDS AND INFORMATION MANAGEMENT
Legal requirements
Records and information management is asset management and is a core
business function of the City.
Efficiency of retrieval for business operations, including for Public Information
Requests
Protection of essential records for continuity of operations in emergency and
disaster
Reduction in storage costs, both physical and digital
STATUTORY OBLIGATIONS AND RESOURCES
-205
The Texas Public Information
Texas Open Meetings
City of La Porte Records and Information Management Program
Ordinance
The City adopts the Texas State Library and Archives Commission
(TSLAC) minimum requirements for record retention
QUESTIONS
Gladis Sanchez, TRMC
Email: SanchezG@LaPorteTX.gov
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:February 28, 2022
037
Requested By:Corby Alexander, City Manager Source of Funds:
Department:
037-6063-565-2075
Account Number:
$30,000
Amount Budgeted:
ReportResolutionOrdinance
$30,000
Amount Requested:
Exhibits: Sponsorship Agreement
Budgeted Item:YesNo
SUMMARY& RECOMMENDATION
The Houston Yacht Club is looking to host two major Regattas. The A Cat World
thth
Championshipwill runfrom April 28through May 8; and the ILCA 6 World
thth
Championship from July 18through July 30.
th
At the January 24City Council meeting, Council authorizedsponsorship for these
regattas in the amount of the $30,000. The associated agreement is included for City
The agreement includes the following requirements of the Houston YachtClub:
1.Encourage participants to book and use hotels within the corporate limits of the City
of La Porte for hotel room nights associated with the event participants; and
2.Place the City logo on the Race Committee Boat; and
3.Provide 4passes to the opening and closing ceremonies; and
4.Provide 4 passes for the spectator boats; and
5.Place City of La Porte provided banners on property.
6.Commitment to host events for City related functions at the Houston Yacht Club.
7.Provide for an open house type event at the Houston YachtClub in calendar year
2023.
8.Open dialogue with the La Porte Parks and Recreation Department about possible
collaboration for future programming.
ACTION REQUIRED BY CITY COUNCIL
Consider and/or approve sponsorship agreement withthe Houston Yacht Club
forA Cat World Championship & ILCA 6 World Championship Regattas.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
SPONSORHIPAGREEMENT BETWEEN THE CITY OF LA PORTE, TEXAS,AND THE HOUSTON YACHTCLUB
FOR USE OF CITY COMMUNITY INVESTMENT FUNDS TO PROVIDE SUPPORT FOR HOSTING OF THE 2022
A CAT WORLD CHAMPIONSHIP, THE ILCA 6 WORLD CHAMPIONSHIP, THE HOUSTON OFFSHORE ONE
th
DESIGN REGATTA, THE HOUSTON YACHT CLUB 125ANNIVERSARY REGATTA, AND THE HOUSTON
YACHT CLUB JAMES LISTON REGATTA
THIS AGREEMENT made by and entered into this ___ day of ________________ 2022, between the City
of La Porte, Texas, a home-rule municipality, hereinafter “the City,” and the Houston Yacht Club, a Texas
nonprofit 501(c)(7) private membership organization, hereinafter referred to as “Recipient.”
WITNESSETH:
WHEREAS, the Recipient has requested that the City provide financial support towards the 2022
A Cat World Championship to be hosted by Recipient from April 28 through May 8, 2022, the 2022 ICLA 6
World Championship to be hosted by Recipient from July 18, 2022, through July 30, 2022; the Houston
Offshore One Design Regatta from September 16 through September 18, 2022, the Houston Yacht Club
th
125 Anniversary Regatta on September 24, 2022, and the Houston Yacht Club James Liston Regatta on
th
November 19, 2022; and
WHEREAS, the A Cat World Championship, the ICLA 6 World Championship, the Houston Offshore
th
One Design Regatta, the Houston Yacht Club 125 Anniversary Regatta, and the Houston Yacht Club James
Liston Regatta will bring numerous event participants; approximately 300 area volunteers; spectators and
tourists; and media coverage to the City; and
WHEREAS, Recipient estimates that the events would generate approximately 1200 hotel room
nights, plus sales tax revenue from participants, tourists, and volunteers patronizing La Porte restaurants
and other commercial/retail establishments; and
WHEREAS, the City desires that Recipient actively promote the A Cat World Championship, the
th
ICLA 6 World Championship, the Houston Offshore One Design Regatta, the Houston Yacht Club 125
Anniversary Regatta, and the Houston Yacht Club James Liston Regatta in accordance with the terms and
conditions established in this agreement, in exchange for the extension of a sponsorship package from
community investment funds; and
WHEREAS, the City Council of La Porte approved by unanimous vote a proposed measure to move
forward with a sponsorship package in favor of the Houston Yacht Club, at the January 24, 2022, regular
City Council meeting; and
NOW THEREFORE, in consideration of the covenants and conditions stated herein, and in
consideration of the mutual benefits that will accrue to each of the parties hereof, as well as to the citizens
of the City of La Porte, Texas, the parties have agreed and do hereby agree as follows:
ARTICLE I:
Pursuant to the sponsorship package, which has a total value not to exceed $30,000.00, the Houston Yacht
Club shall secure and hold the 2022 A Cat World Championship from April 28 through May 8, 2022, the
2022 ICLA 6 World Championship from July 18, 2022, through July 30, 2022; the Houston Offshore One
th
Design Regatta from September 16 through September 18, 2022, the Houston Yacht Club 125
Anniversary Regatta on September 24, 2022, and the Houston Yacht Club James Liston Regatta on
th
November 19, 2022. In connection therewith, the Recipient shall:
1. Encourage participants to book and use hotels within the corporate limits of the City of La Porte
for hotel room nights associated with the event participants; and
2. Place the City logo on the Race Committee Boat; and
3. Provide four (4) passes to the opening and closing ceremonies; and
4. Provide four (4) passes for the spectator boats; and
5. Place City of La Porte provided banners at the Houston Yacht Club during the regatta events
In addition, the Houston Yacht Club agrees that in exchange for receipt of the sponsorship package, it will
provide the following benefits to City:
1. Commitment to host events for City related functions at the Houston Yacht Club.
2. Provide for an open house type event at the Houston Yacht Club in calendar year 2023.
3. Open dialogue with the La Porte Parks and Recreation Department about possible
collaboration for future programming.
ARTICLE II:
In exchange for the commitment outlined in Article I, the City shall remit to the Recipient funds in an
amount not to exceed $30,000.00, no later than thirty (30) days after execution of this Agreement.
Payment shall be made in one lump-sum amount.
ARTICLE III:
All funds received as herein provided shall be used by Recipient solely for the propose of hosting the A
Cat World Championship, the ICLA 6 World Championship, the Houston Offshore One Design Regatta, the
th
Houston Yacht Club 125 Anniversary Regatta, and the Houston Yacht Club James Liston Regatta, and to
provide hosting opportunities for city related events at the Houston Yacht Club.
ARTICLE IV:
In the event of any default by Recipient hereunder, including but not limited to, use of the funds provided
herein for purposes other than those stated in Article III of this Agreement, the City may terminate the
Agreement. The City shall have the right to reclaim and recapture, and Recipient shall refund, any funds
that are not spent in accordance with the terms of this Agreement.
ARTICLE V:
Recipient agrees to assume and does hereby assume all responsibility and liability for damages sustained
by persons or property, whether real or asserted, by or from the carrying on of work by Recipient or in
the performance of services performed and to be performed by Recipient for the A Cat World
Championship, the ICLA 6 World Championship, the Houston Offshore One Design Regatta, the Houston
th
Yacht Club 125 Anniversary Regatta, and the Houston Yacht Club James Liston Regatta. For these events
Recipient covenants and agrees to, and does hereby indemnify, defend, and hold harmless the City and
all their respective officers, agents, and employees from all suits, claims, actions, and expenses of any
character, including attorney’s fees, brought for or incurred on account of any injuries or damages,
whether real or asserted, sustained by any person or property by or in consequence of any intentional or
negligent act, omission, or conduct of recipient, its agents, servants, or employees.
ARTICLE VI:
This Agreement may be amended by mutual agreement of the parties hereto in writing to be attached to
and incorporated into this Agreement.
ARTICLE VII:
Recipient may not assign this Agreement without the written consent of the City.
ARTICLE VIII:
The obligations of the Parties to this Agreement are performable in Harris County, Texas and if legal action
is necessary to enforce same, venue shall lie in Harris County, Texas.
ARTICLE IX:
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas.
ARTICLE X:
This Agreement may be executed in duplicate, each of which shall be deemed an original and constitute
one and the same instrument.
ARTICLE XI:
Neither the City nor Recipient shall be required to perform any term, condition, or covenant in this
Agreement so long as such performance is delayed or prevented by force majeure, which shall mean Acts
of God, civil riots, floods, and any other cause not reasonably within the control of the City or recipient
except as provided herein, and which by the exercise of due diligence the City or recipient is unable, wholly
or in part, to prevent or overcome.
ARTICLE XII:
In submitting this application, the Recipient whose signature appears below affirms its intent and
commitment to comply in full with Section 2264.052 of the Government Code and certifies that it does
not and will not knowingly employ an undocumented worker during any time period associated with the
public subsidy for which the application is being submitted. The Recipient further certifies its
understanding and agreement that if it is convicted of a violation of 8 U.S.C., Section 1324 a(f), providing
for civil and/or criminal penalties for engaging in a pattern or practice of knowingly hiring or continuing
to employ unauthorized aliens, it shall repay the amount outlined in Article II with interest, at the rate and
according to the terms of the agreement signed under Section 2264.053 of the Government Code, not
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later than the 120 day after the date the City notifies the recipient of the violation.
ARTICLE XIII:
The Agreement embodies the complete agreement of the parties hereto, superseding all oral or written
previous and contemporary agreements between the Parties, which relate to the matters in this
Agreement.
SIGNED AND AGREED to by the City and recipient on the dates indicated below.
CITY OF LA PORTE, TEXAS
_________________________ ________________
Corby D. Alexander, City Manager Date
ATTEST
_________________________
Lee Woodward, City Secretary
HOUSTON YACHT CLUB
_________________________ ________________
Farley J Fontenot Date
Commodore
ATTEST
_________________________
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:February 28, 2022
Requested By:Teresa Evans, Director Source of Funds:N/A
Department:Planning & Development
Account Number:N/A
Amount Budgeted:N/A
ReportResolutionOrdinance
Amount Requested:N/A
Exhibits: Ordinance2022-3869, P&Z Letter of
Budgeted Item:YesNo
Recommendation, Area map, Zoning map, Future
Land Use map, andApplication
SUMMARY& RECOMMENDATION
This item is a request by Melaney Gibbs and Ronald Tarantino, owners, for approval of
Special Conditional Use Permit (SCUP) 22-91000001, to allow for a secondary dwelling
unit in the Low Density Residential (R-1) zoning district.The site is a 0.53-acre tract of
land located at 9305 Carlow Lane.
The property is currently zoned R-1 and consists of two (2) individually platted lots (lots
67-68) that have been combined into one (1) tax parcel. The site has a single residential
home along with a detached garage on the property. The property owner is requesting
approval of a SCUP to allow for a small secondary dwelling to be added to the existing
site. The structure will be located in the northeast corner of the rear yard and will be
screened from view of the public right-of-way-by existing fencing.
Section 106-331 Table A states that a secondary dwelling unit is permitted in the R-
2 and R-3 zoningdistricts and is permitted in the R-1 zoning district with the approval
of a SCUP. Being that this site is currently zoned R-1, the applicant is required to obtain
approval of SCUP prior to seeking approval from staff of any building permits.
As part of the SCUP approval process, staff and thePlanning and Zoning Commission
haverecommended three (3)conditions of approval.The recommended conditions are
as follow:
1.All necessary documentation for building permit review must be submitted
in con
2.The site is zoned Low Density Residential (R-1). All R-1 zoning and
development requirements will need to be met, in addition to any conditions
listed below.
3.Any proposed modifications to this Special Conditional Use Permit will require
.
Staff mailed twenty (20) public notices to property owners located within 200 feet of the
subject property. Staff has not received any returned comment sheets to date.
The Planning & Zoning Commission held a public hearing on this item at their January
20, 2022 regular meeting. The Commission voted on a motion to recommend approval
of the SCUP request, as presented with the three (3) conditions. The vote was 7-0, and
the motion to approve carried.
ACTION REQUIRED BY CITY COUNCIL
Approve or deny Ordinances 2022-3869 for SCUP request #22-91000001, to allow
for a secondary dwelling unit in the Low Density Residential (R-1) zoning district
on a 0.53-acre tract of land located at 9305 Carlow Lane, and legally described as
Lots 67 & 68, Block 4, Spenwick Place Section 1, Harris County, Texas.
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
ORDINANCE NO. 2022-3869
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING
ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING SPECIAL CONDITIONAL
USE PERMIT NO. 22-91000001, TO ALLOW FOR A SECONDARY DWELLING UNIT
IN THE LOW DENSITY RESIDENTIAL (R-1) ZONING DISTRICT, ON A 0.53-ACRE
TRACT OF LAND LOCATED AT 9305 CARLOW LANE, AND BEING LEGALLY
DESCRIBED AS LOTS 67 & 68, BLOCK 4, SPENWICK PLACE SECTION 1, HARRIS
COUNTY, TEXAS; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS
ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND
UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO
THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF;
WHEREAS, the City is authorized by Chapter 211 of the Texas Local Government Code to
promulgate rules and regulations governing regulation of land use, structures, businesses, and
related activities, and that such rules and regulations as adopted by the City promote the safe,
orderly, and healthful development of the City; and
WHEREAS, on January 20, 2022, the La Porte Planning and Zoning Commission conducted a
public hearing regarding a request to grant Special Conditional Use Permit No. 22-91000001 to
allow for a secondary dwelling unit in the Low Density Residential (R-1) zoning district, on a
0.53-acre tract of land located at 9305 Carlow Lane, and being legally described as Lots 67 &
68, Block 4, Spenwick Place Section 1, Harris County, Texas, following lawful publication of
the notice of said public hearing; and
WHEREAS, on January 20, 2022, after considering the public testimony received at such
hearing, if any, the Planning and Zoning Commission recommended that the request to grant
Special Conditional Use Permit No. 22-91000001 to allow for a secondary dwelling unit in the
Low Density Residential (R-1) zoning district, on a 0.53-acre tract of land located at 9305 Carlow
Lane, and being legally described as Lots 67 & 68, Block 4, Spenwick Place Section 1, Harris
County, Texas, be approved; and
WHEREAS, on February 28, 2022, the City Council of the City of La Porte conducted a public
hearing regarding a request to grant Special Conditional Use Permit No. 22-91000001 to allow
for a secondary dwelling unit in the Low Density Residential (R-1) zoning district, on a 0.53-
acre tract of land located at 9305 Carlow Lane, and being legally described as Lots 67 & 68,
Block 4, Spenwick Place Section 1, Harris County; and
WHEREAS, each and every applicable requirement set forth in Chapter 211, Subchapter A,
Texas Local Government Code and the Code of Ordinance of the City of La Porte, Texas,
concerning public notices, hearings and other procedural matters have been fully met; and
WHEREAS, the City Council desires that the request to Special Conditional Use Permit No. 22-
91000001 to allow for a secondary dwelling unit in the Low Density Residential (R-1) zoning
district, on a 0.53-acre tract of land located at 9305 Carlow Lane, and being legally described as
Lots 67 & 68, Block 4, Spenwick Place Section 1, Harris County, Texas be approved;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE, TEXAS:
Section 1. All of the facts recited in the preamble to this ordinance are hereby found by the City
Council to be true and correct and are incorporated herein by this reference.
Section 2. granting
Special Conditional Use Permit No. 22-91000001 to allow for a secondary dwelling
unit in the Low Density Residential (R-1) zoning district, on a 0.53-acre tract of land
located at 9305 Carlow Lane, and being legally described as Lots 67 & 68, Block 4,
Spenwick Place Section 1, Harris County, Texas, and situated within a R-1 zoning
district.
Section 3. 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 4. 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 5. 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
and that this meeting has been open to the public as required by law at all times during
which this ordinance and the subject matter thereof has been discussed, considered
and formally acted upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 6. The City Council of the City of La Porte hereby finds that public notice was properly
properties under consideration.
Section 7. The City Council of the City of La Porte hereby finds, determines, and declares that
all prerequisites of law have been satisfied and hereby determines and declares that
the amendments to the City of La Porte Zoning Classification contained in this
Ordinance as amendments thereto are desirable and in furtherance of the goals and
objectives stated in the City of La Comprehensive Plan.
Section 8. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate
any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon
conviction shall be punished by a fine not to exceed TWO THOUSAND DOLLARS
($2000.00).
Section 9. This Ordinance shall be effective fourteen (14) days after its passage and approval.
The City Secretary shall give notice of the passage of this ordinance by causing the
caption hereof to be published in the official newspaper of the City of La Porte at
least once within ten (10) days after the passage of this ordinance.
th
PASSED AND APPROVED this, the 28 day of FEBRUARY, 2022.
CITY OF LA PORTE, TEXAS
______________________________
Louis R. Rigby, Mayor
ATTEST: APPROVED:
__________________________ ____________________________
Lee Woodward, City Secretary Clark Askins, Assistant City Attorney
EXHIBITA
CityofLaPorte
SpecialConditionalUsePermit
#22-91000001
Applicant:Melaney Gibbs and Ronald Tarantino
OwnerorAgent
3905 Carlow Ln., La Porte, TX 77571
Address
DevelopmentName/Type:Gibbs/Tarantino Secondary Dwelling
Location: 3905 Carlow Ln. _
Legal Description:Lots 67 & 68, Spenwick Place Section 1 _
Zoning:Low Density Residential (R-1) ____________________________
Use:Secondary Dwelling
PermitConditions:
This Special Conditional Use Permit (SCUP) is applicable for the subject property, a copy of which shall
development shall be in accordance with the following conditions:
1.All necessary documentation for building permit review must be submitted in conjunction
.
2.The site is zonedLow Density Residential (R-1). All R-1zoning and development
requirements will need to be met, in addition to any conditions listed below.
3.Any proposedmodifications to this Special Conditional Use Permit will require an
Ordinances.
Failureto startconstructionofthesitewithin twelve (12)monthsafterissuanceoras scheduled underthe
termsofaspecial conditionalusepermitshallvoidthepermitasapproved, exceptupon anextensionof
timegrantedafterapplication to thePlanning andZoning Commission.
If contract or agreement is terminated after completion of any stage and there is ample evidence thatfurther
development is not contemplated, the ordinance establishing such special conditional use permitmaybe
rescindedbytheCityCouncil,uponitsownmotionorupontherecommendationofthePlanningand Zoning
Commission of the City of La Porte, and the previous zoning of the entire tract shall be infulleffectonthe
portionwhichisundeveloped.
Validation Date: ___________________
__________________________________________________________________________
Director of Planning and DevelopmentCity Secretary
City of La PortePlanning and Development Department
Established 1892 Teresa Evans, Director
January 21, 2022
Honorable Mayor Rigby and City Council
City of La Porte
RE: Special Conditional Use Permit Request #22-91000001
Dear Mayor Rigby and City Council:
The La Porte Planning and Zoning Commission held a regular meeting on January 20,
2022 to hear a Special Conditional Use Permit request by Melaney Gibbs and Ronald
Tarantino, applicant and owner,. The request is for approval of a SCUP to allow for a
secondary dwelling unit in the Low Density Residential (R-1) zoning district, on a 0.53- acre
tract of land located at 9305 Carlow Lane; legally described as Lots 67 & 68, Block 4,
Spenwick Place Section 1, Harris County, Texas. The subject site is zoned R-1 and Section
106-331, table A of the Code of Ordinances requires a Special Conditional Use Permit in
order for the above referenced use to be permitted within the R-1 zoning district.
The Commission voted 7-0 to recommend approval of the proposed SCUP, as presented.
Respectfully submitted
Ian Clowes, City Planner
On behalf of the Planning and Zoning Commission
City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020
Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005
www.laportetx.gov
Area Map
SCUP
#22-91000001
9305 Carlow Ln.
Legend
Subject Tract
CARLOW
This product is for informational
purposes and may not have
been prepared for or be suitable
for legal purposes. It does not
represent an on-the-ground
survey and represents only the
approximate relative location of
property boundaries
1 inch = 75 feet
Houston-Galveston Area Council (H-GAC)
Zoning Map
SCUP
#22-91000001
9305 Carlow Ln.
Legend
R-1
Subject Tract
CARLOW
This product is for informational
purposes and may not have
been prepared for or be suitable
for legal purposes. It does not
represent an on-the-ground
survey and represents only the
approximate relative location of
property boundaries
1 inch = 75 feet
R-2
Houston-Galveston Area Council (H-GAC)
FLUP Map
SCUP
#22-91000001
LDR
9305 Carlow Ln.
Legend
Subject Tract
CARLOW
This product is for informational
purposes and may not have
been prepared for or be suitable
for legal purposes. It does not
represent an on-the-ground
survey and represents only the
approximate relative location of
property boundaries
1 inch = 75 feet
PO
Houston-Galveston Area Council (H-GAC)
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:February 28, 2022
Requested By:Teresa Evans, Director Source of Funds:N/A
Department:Planning & Development
Account Number:N/A
Amount Budgeted:N/A
ReportResolutionOrdinance
Amount Requested:N/A
Exhibits: Ordinance2022-3870, P&Z Letter of
Budgeted Item:YesNo
Recommendation, Area map, Zoning map, and Future
Land Use map.
SUMMARY& RECOMMENDATION
This is arequest forapproval of Zone ChangeNo.22-92000001, a change from the
Medium Density Residential (R-2) zoning districtto the Low Density Residential (R-1)
zoning district.The 11.3-acre site is located along Ashton Lane and Oakhaven Road;
legally described as Lots 45-53, Block 8, Brookglen Section 2; Tract 17D, Abstract 482
W Jones; Lot 1, Block 1, Rigo Estates; and Lots 1-5, Block 1, Risen Valley, Harris
County, Texas.
This request is a result of a comprehensive review of the current zoning within the City.
This review wascompleted by a subcommittee of the Planningand Zoning Commission
with thefinal recommendation being approved by the full Commission. The
Commission isrecommendingthe rezoning of seven (7) areas of the city. The majority
of these areas are existing single family residential that are currently zoned for
medium/high density residential. The recommendation is to rezone these areas for low
density single family residential.
The propertyfor this specific zone change requestis currently developed assingle
family residential and is part of an existing residential subdivision. The Commission
determined that due to the existing development and the character of the surrounding
neighborhood, the property should be rezoned from R-2to R-1.
Staff held a community meeting on October 26, 2021 to explain to affected properties
owners what was proposed and how the Commission came to the final
recommendations. Staff mailed out notices to all fifteen (15) affected property owners.
Three (3) property owners attended the meeting to voice their support and ask
questions regarding the proposal.
The Planning & Zoning Commission held a public hearing on this item at their January
20, 2022regular meeting. The Commission voted on a motion to recommend approval
of the zone change request, as presented. The vote was 7-0, and the motion to approve
carried.
For the public hearing, staff mailed fifty (50) public notices to property owners located
within 200 feet of the subject property. Staff has not received any returned comment
sheets to date.
ACTION REQUIRED BY CITY COUNCIL
Approve or deny Ordinances 2022-3870 for Zone Change request No. 22-
92000001, a request by the City of La Porte, applicant, for approval of a zone
change from Medium Density Residential (R-2) to Low Density Residential (R-1),
on an 11.3-acre tract of land located along Ashton Lane and Oakhaven Road;
legally described as Lots 45-53, Block 8, Brookglen Section 2; Tract 17D, Abstract
482 W Jones; Lot 1, Block 1, Rigo Estates; and Lots 1-5, Block 1, Risen Valley,
Harris County, Texas.
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
ORDINANCE NO. 2022-3870
AN ORDINANCE AMENDING CHAPTER 106
ORDINANCES OF THE CITY OF LA PORTE, BY CHANGING THE ZONING
CLASSIFICATION OF AN 11.3-ACRE TRACT OF LAND LOCATED ALONG ASHTON
LANE AND OAKHAVEN ROAD, AND BEING LEGALLY DESCRIBED AS LOTS 45-53,
BLOCK 8, BROOKGLEN SECTION 2; TRACT 17D, ABSTRACT 482 W JONES; LOT 1,
BLOCK 1, RIGO ESTATES; AND LOTS 1-5, BLOCK 1, RISEN VALLEY, HARRIS
COUNTY, TEXAS, FROM MEDIUM DENSITY RESIDENTIAL (R-2) TO LOW
DENSITY RESIDENTIAL (R-1); MAKING CERTAIN FINDINGS OF FACT RELATED
TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF
WHEREAS, the City is authorized by Chapter 211 of the Texas Local Government Code to
promulgate rules and regulations governing regulation of land use, structures, businesses, and
related activities, and that such rules and regulations as adopted by the City promote the safe,
orderly, and healthful development of the City; and
WHEREAS, on January 20, 2022, the La Porte Planning and Zoning Commission conducted
a public hearing regarding a request to rezone an 11.3- acre tract of land located along Ashton
Lane and Oakhaven Road and legally described as Lots 45-53, Block 8, Brookglen Section 2;
Tract 17D, Abstract 482 W Jones; Lot 1, Block 1, Rigo Estates; and Lots 1-5, Block 1, Risen
Valley, Harris County, Texas, from Medium Density Residential (R-2) to Low Density
Residential (R-1), following lawful publication of the notice of said public hearing; and
WHEREAS, on January 20, 2022, after considering the public testimony received at such
hearing, if any, the Planning and Zoning Commission recommended that the request to rezone
an 11.3- acre tract of land located along Ashton Lane and Oakhaven Road and legally described
as Lots 45-53, Block 8, Brookglen Section 2; Tract 17D, Abstract 482 W Jones; Lot 1, Block
1, Rigo Estates; and Lots 1-5, Block 1, Risen Valley, Harris County, Texas, from Medium
Density Residential (R-2) to Low Density Residential (R-1) be approved; and
WHEREAS, on February 28, 2022, the City Council of the City of La Porte conducted a public
hearing regarding a request to rezone an 11.3- acre tract of land located along Ashton Lane and
Oakhaven Road and legally described as Lots 45-53, Block 8, Brookglen Section 2; Tract 17D,
Abstract 482 W Jones; Lot 1, Block 1, Rigo Estates; and Lots 1-5, Block 1, Risen Valley,
Harris County, Texas, from Medium Density Residential (R-2) to Low Density Residential (R-
1); and
WHEREAS, each and every applicable requirement set forth in Chapter 211, Subchapter A,
Texas Local Government Code and the Code of Ordinance of the City of La Porte, Texas,
concerning public notices, hearings and other procedural matters have been fully met; and
WHEREAS, the City Council desires that the request to rezone an 11.3- acre tract of land
located along Ashton Lane and Oakhaven Road and legally described as Lots 45-53, Block 8,
Brookglen Section 2; Tract 17D, Abstract 482 W Jones; Lot 1, Block 1, Rigo Estates; and Lots
1-5, Block 1, Risen Valley, Harris County, Texas, from Medium Density Residential (R-2) to
Low Density Residential (R-1) be approved;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
LA PORTE, TEXAS:
Section 1. All of the facts recited in the preamble to this Ordinance are hereby found by the City
Council to be true and correct and are incorporated herein by this reference.
Section 2. changing the
zoning classification of the following described property, to wit: an 11.3- acre tract of
land located along Ashton Lane and Oakhaven Road and legally described as Lots 45-
53, Block 8, Brookglen Section 2; Tract 17D, Abstract 482 W Jones; Lot 1, Block 1,
Rigo Estates; and Lots 1-5, Block 1, Risen Valley, Harris County, Texas, from Medium
Density Residential (R-2) to Low Density Residential (R-1).
Section 3. 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 4. 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 5. The City Council officially finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council
is posted at a place convenient to the public at the City Hall of the city for the time
required by law preceding this meeting, as required by Chapter 551, TX
and that this meeting has been open to the public as required by law at all times during
which this ordinance and the subject matter thereof has been discussed, considered and
formally acted upon. The City Council further ratifies, approves and confirms such
written notice and the contents and posting thereof.
Section 6. The City Council of the City of La Porte hereby finds that public notice was properly
properties under consideration in compliance with code provisions.
Section 7. It is directed that the Official Zoning Map of the City of La Porte, Texas be changed
to reflect the zoning classification established by this ordinance
Section 8. The City Council of the City of La Porte hereby finds, determines, and declares that all
prerequisites of law have been satisfied and hereby determines and declares that the
amendments to the City of La Porte Zoning Map and Classification contained in this
ordinance as amendments thereto are desirable and in furtherance of the goals and
Section 9. This ordinance shall be effective after its passage and approval.
th
PASSED AND APPROVED this, the 28 day of FEBRUARY, 2022.
CITY OF LA PORTE, TEXAS
______________________________
Louis R. Rigby, Mayor
ATTEST: APPROVED:
__________________________ ____________________________
Lee Woodward, City Secretary Clark Askins, Assistant City Attorney
City of La PortePlanning and Development Department
Established 1892 Teresa Evans, Director
January 21, 2022
Honorable Mayor Rigby and City Council
City of La Porte
RE: Zone Change Request #22-92000001
Dear Mayor Rigby and City Council:
The La Porte Planning and Zoning Commission held a public hearing at the January 20,
2022 meeting on a zone change request by the City of La Porte, applicant, for a zone
change of property legally described as Lots 45-53, Block 8, Brookglen Section 2; Tract
17D, Abstract 482 W Jones; Lot 1, Block 1, Rigo Estates; and Lots 1-5, Block 1, Risen
Valley, Harris County, Texas, from Medium Density Residential (R-2) to Low Density
Residential (R-1). The site is an 11.3-acre tract of land located along Ashton Lane and
Oakhaven Road.
The Commission voted 7-0 on a motion to recommend approval of the requested zone
change.
Respectfully submitted,
Ian Clowes, City Planner
On Behalf of the Planning and Zoning Commission
City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020
Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005
www.laportetx.gov
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Houston-Galveston Area Council (H-GAC)
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:February 28, 2022
Requested By:Teresa Evans, Director Source of Funds:N/A
Department:Planning & Development
Account Number:N/A
Amount Budgeted:N/A
ReportResolutionOrdinance
Amount Requested:N/A
Exhibits: Ordinance2022-3871, P&Z Letter of
Budgeted Item:YesNo
Recommendation, Area map, zoning map, and future
land use map.
SUMMARY& RECOMMENDATION
This is arequest forapproval of Zone ChangeNo.22-92000002, a change from the
Medium Density Residential (R-2) zoning districtto the Low Density Residential (R-1)
zoning district.The 9.98-acre site is located within the Pecan Crossing subdivision,
Section 1; legally described as Lots 1-9, Block 1 and Lots 1-30, Block 3, Pecan Crossing
Section 1, and a portion of Tract 714A, La Porte Outlots, Harris County, Texas.
This request is a result of a comprehensive review of the current zoning within the City.
This review wascompleted by a subcommittee of the Planningand Zoning Commission
with thefinal recommendation being approved by the full Commission. The
Commission isrecommendingthe rezoning of seven (7) areas of the city. The majority
of these areas are existing single family residential that are currently zoned for
medium/high density residential. The recommendation is to rezone these areas for low
density single family residential.
The propertyfor this specific zonechange requestis currently developed assingle
family residentialand is part of an existing residential subdivision. The Commission
determined that due to the existing development and the character of the surrounding
neighborhood, the property should berezoned from R-2to R-1.
Staff held a community meeting on October 26, 2021 to explain to affected properties
owners what was proposed and how the Commission came to the final
recommendations. Staff mailed out notices to all thirty-eight (38) affected property
owners. Three (3) property owners attended the meeting to voice their support and ask
questions regarding the proposal.
The Planning & Zoning Commission held a public hearing on this item at their January
20, 2022regular meeting. The Commission voted on a motion to recommend approval
of the zone change request, as presented. The vote was 7-0, and the motion to approve
carried.
For the public hearing, staff mailed sixty three (63) public notices to property owners
located within 200 feet of the subject property. Staff has not received any returned
comment sheets to date.
ACTION REQUIRED BY CITY COUNCIL
Approve or deny Ordinances 2022-3871 for Zone Change request No. 22-
92000002, a request by the City of La Porte, applicant, for approval of a zone
change from Medium Density Residential (R-2) to Low Density Residential (R-1),
on a 9.98-acre tract of land located within the Pecan Crossing subdivision,
Section 1; legally described as Lots 1-9, Block 1 and Lots 1-30, Block 3, Pecan
Crossing Section 1, and a portion of Tract 714A, La Porte Outlots, Harris County,
Texas.
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
ORDINANCE NO. 2022-3871
AN ORDINANCE AMENDING CHAPTER 106
ORDINANCES OF THE CITY OF LA PORTE, BY CHANGING THE ZONING
CLASSIFICATION OF A 9.98-ACRE TRACT OF LAND LOCATED WITHIN THE
PECAN CROSSING SUBDIVISION, SECTION 1, AND BEING LEGALLY DESCRIBED
AS LOTS 1-9, BLOCK 1 AND LOTS 1-30, BLOCK 3, PECAN CROSSING SECTION 1,
AND A PORTION OF TRACT 714A, LA PORTE OUTLOTS, HARRIS COUNTY, TEXAS,
FROM MEDIUM DENSITY RESIDENTIAL (R-2) TO LOW DENSITY RESIDENTIAL
(R-1); MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF
WHEREAS, the City is authorized by Chapter 211 of the Texas Local Government Code to
promulgate rules and regulations governing regulation of land use, structures, businesses, and
related activities, and that such rules and regulations as adopted by the City promote the safe,
orderly, and healthful development of the City; and
WHEREAS, on January 20, 2022, the La Porte Planning and Zoning Commission conducted
a public hearing regarding a request to rezone a 9.98- acre tract of land located within the Pecan
Crossing subdivision, Section 1 and legally described as Lots 1-9, Block 1 and Lots 1-30,
Block 3, Pecan Crossing Section 1, and a portion of Tract 714A, La Porte Outlots, Harris
County, Texas, from Medium Density Residential (R-2) to Low Density Residential (R-1),
following lawful publication of the notice of said public hearing; and
WHEREAS, on January 20, 2022, after considering the public testimony received at such
hearing, if any, the Planning and Zoning Commission recommended that the request to rezone
a 9.98- acre tract of land located within the Pecan Crossing subdivision, Section 1 and legally
described as Lots 1-9, Block 1 and Lots 1-30, Block 3, Pecan Crossing Section 1, and a portion
of Tract 714A, La Porte Outlots, Harris County, Texas, from Medium Density Residential (R-
2) to Low Density Residential (R-1) be approved; and
WHEREAS, on February 28, 2022, the City Council of the City of La Porte conducted a public
hearing regarding a request to rezone a 9.98- acre tract of land located within the Pecan
Crossing subdivision, Section 1 and legally described as Lots 1-9, Block 1 and Lots 1-30,
Block 3, Pecan Crossing Section 1, and a portion of Tract 714A, La Porte Outlots, Harris
County, Texas, from Medium Density Residential (R-2) to Low Density Residential (R-1); and
WHEREAS, each and every applicable requirement set forth in Chapter 211, Subchapter A,
Texas Local Government Code and the Code of Ordinance of the City of La Porte, Texas,
concerning public notices, hearings and other procedural matters have been fully met; and
WHEREAS, the City Council desires that the request to rezone a 9.98- acre tract of land located
within the Pecan Crossing subdivision, Section 1 and legally described as Lots 1-9, Block 1
and Lots 1-30, Block 3, Pecan Crossing Section 1, and a portion of Tract 714A, La Porte
Outlots, Harris County, Texas, from Medium Density Residential (R-2) to Low Density
Residential (R-1) be approved;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
LA PORTE, TEXAS:
Section 1. All of the facts recited in the preamble to this Ordinance are hereby found by the City
Council to be true and correct and are incorporated herein by this reference.
Section 2. changing the
zoning classification of the following described property, to wit: a 9.98- acre tract of
land located within the Pecan Crossing subdivision, Section 1 and legally described as
Lots 1-9, Block 1 and Lots 1-30, Block 3, Pecan Crossing Section 1, and a portion of
Tract 714A, La Porte Outlots, Harris County, Texas, from Medium Density Residential
(R-2) to Low Density Residential (R-1).
Section 3. 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 4. 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 5. The City Council officially finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council
is posted at a place convenient to the public at the City Hall of the city for the time
required by law preceding this meeting, as required by Chapter 551, TX
and that this meeting has been open to the public as required by law at all times during
which this ordinance and the subject matter thereof has been discussed, considered and
formally acted upon. The City Council further ratifies, approves and confirms such
written notice and the contents and posting thereof.
Section 6. The City Council of the City of La Porte hereby finds that public notice was properly
properties under consideration in compliance with code provisions.
Section 7. It is directed that the Official Zoning Map of the City of La Porte, Texas be changed
to reflect the zoning classification established by this ordinance
Section 8. The City Council of the City of La Porte hereby finds, determines, and declares that all
prerequisites of law have been satisfied and hereby determines and declares that the
amendments to the City of La Porte Zoning Map and Classification contained in this
ordinance as amendments thereto are desirable and in furtherance of the goals and
Section 9. This ordinance shall be effective after its passage and approval.
th
PASSED AND APPROVED this, the 28 day of FEBRUARY, 2022.
CITY OF LA PORTE, TEXAS
______________________________
Louis R. Rigby, Mayor
ATTEST: APPROVED:
__________________________ ____________________________
Lee Woodward, City Secretary Clark Askins, Assistant City Attorney
City of La PortePlanning and Development Department
Established 1892 Teresa Evans, Director
January 21, 2022
Honorable Mayor Rigby and City Council
City of La Porte
RE: Zone Change Request #22-92000002
Dear Mayor Rigby and City Council:
The La Porte Planning and Zoning Commission held a public hearing at the January 20,
2022 meeting on a zone change request by the City of La Porte, applicant, for a zone
change of property legally described as Lots 1-9, Block 1 and Lots 1-30, Block 3, Pecan
Crossing Section 1, and a portion of Tract 714A, La Porte Outlots, Harris County, Texas,
from Medium Density Residential (R-2) to Low Density Residential (R-1). The site is a
9.98-acre tract of land located within the Pecan Crossing subdivision, Section 1.
The Commission voted 7-0 on a motion to recommend approval of the requested zone
change.
Respectfully submitted,
Ian Clowes, City Planner
On Behalf of the Planning and Zoning Commission
City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020
Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005
www.laportetx.gov
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Zone Change
#22-92000002
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for legal purposes. It does not
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survey and represents only the
approximate relative location of
property boundaries
1 inch = 157 feet
I
Houston-Galveston Area Council (H-GAC)
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Zoning Map
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Zone Change
#22-92000002
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This product is for informational
purposes and may not have
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for legal purposes. It does not
represent an on-the-ground
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property boundaries
1 inch = 157 feet
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Houston-Galveston Area Council (H-GAC)
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for legal purposes. It does not
represent an on-the-ground
FAIRMONT
survey and represents only the
approximate relative location of
property boundaries
OUT
1 inch = 157 feet
I
Houston-Galveston Area Council (H-GAC)
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:February 28, 2022
Requested By:Teresa Evans, Director Source of Funds:N/A
Department:Planning & Development
Account Number:N/A
Amount Budgeted:N/A
ReportResolutionOrdinance
Amount Requested:N/A
Exhibits: Ordinance2022-3872, P&Z Letter of
Budgeted Item:YesNo
Recommendation, Area map, zoning map, and future
land use map.
SUMMARY& RECOMMENDATION
This is arequest forapproval of Zone ChangeNo.22-92000003, a change from the
Medium Density Residential (R-2) zoning districtto the Low Density Residential (R-1)
zoning district.The 19.5-acre site is located within the Pecan Crossing subdivision,
Section 4 and the Summer Winds Subdivision Section 3; legally described as Lots 30-
36, Block 6, Lots 72-78, Block 1, Lots 11-15, Block 7, Lots 6 & 12, Block 8, Reserve A,
Block 1, Pecan Crossing Section 4; Lots 8-20, Block 1, Lots 1-4, Block 3, and Reserve
A, Block 1, Summer Winds Section 3 Amending; and Lot 696B, La Porte Outlots, Harris
County, Texas.
This request is a result of a comprehensive review of the current zoning within the City.
This review wascompleted by a subcommittee of the Planningand Zoning Commission
with thefinal recommendation being approved by the full Commission. The
Commission isrecommendingthe rezoning of seven (7) areas of the city. The majority
of these areas are existing single family residential that are currently zoned for
medium/high density residential. The recommendation is to rezone these areas for low
density single family residential.
The propertyfor this specific zone change requestis currently developed assingle
family residentialand is part of an existing residential subdivision. The Commission
determined that due to the existing development and the character of the surrounding
neighborhood,the property should be rezoned from R-2to R-1.
Staff held a community meeting on October 26, 2021 to explain to affected properties
owners what was proposed and how the Commission came to the final
recommendations. Staff mailed out notices to all fifty (50) affected property owners.
Three (3) property owners attended the meeting to voice their support and ask
questions regarding the proposal.
The Planning & Zoning Commission held a public hearing on this item at their January
20, 2022 regular meeting. The Commission voted on a motion to recommend approval
of the zone change request, as presented. The vote was 7-0, and the motion to approve
carried.
For the public hearing, staff mailed one hundred and sixteen (116) public notices to
property owners located within 200 feet of the subject property. Staff received one (1)
returned comment sheet in opposition of the proposed zone change. A copy of the
comment sheet has been provided in the packet.
ACTION REQUIRED BY CITY COUNCIL
Approve or deny Ordinances 2022-3872 for Zone Change request No. 22-
92000003, a request by the City of La Porte, applicant, for approval of a zone
change from Medium Density Residential (R-2) to Low Density Residential (R-1),
on a 19.5-acre tract of land located within the Pecan Crossing subdivision,
Section 4 and the Summer Winds Subdivision Section 3; legally described as
Lots 30-36, Block 6, Lots 72-78, Block 1, Lots 11-15, Block 7, Lots 6 & 12, Block
8, Reserve A, Block 1, Pecan Crossing Section 4; Lots 8-20, Block 1, Lots 1-4,
Block 3, and Reserve A, Block 1, Summer Winds Section 3 Amending; and Lot
696B, La Porte Outlots, Harris County, Texas.
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
ORDINANCE NO. 2022-3872
AN ORDINANCE AMENDING CHAPTER 106
ORDINANCES OF THE CITY OF LA PORTE, BY CHANGING THE ZONING
CLASSIFICATION OF A 19.5-ACRE TRACT OF LAND LOCATED WITHIN THE
PECAN CROSSING SUBDIVISION, SECTION 4 AND THE SUMMER WINDS
SUBDIVISION SECTION 3, AND BEING LEGALLY DESCRIBED AS LOTS 30-36,
BLOCK 6, LOTS 72-78, BLOCK 1, LOTS 11-15, BLOCK 7, LOTS 6 & 12, BLOCK 8,
RESERVE A, BLOCK 1, PECAN CROSSING SECTION 4; LOTS 8-20, BLOCK 1, LOTS
1-4, BLOCK 3, AND RESERVE A, BLOCK 1, SUMMER WINDS SECTION 3
AMENDING; AND LOT 696B, LA PORTE OUTLOTS, HARRIS COUNTY, TEXAS,
FROM MEDIUM DENSITY RESIDENTIAL (R-2) TO LOW DENSITY RESIDENTIAL
(R-1); MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF
WHEREAS, the City is authorized by Chapter 211 of the Texas Local Government Code to
promulgate rules and regulations governing regulation of land use, structures, businesses, and
related activities, and that such rules and regulations as adopted by the City promote the safe,
orderly, and healthful development of the City; and
WHEREAS, on January 20, 2022, the La Porte Planning and Zoning Commission conducted
a public hearing regarding a request to rezone a 19.5- acre tract of land located within the Pecan
Crossing subdivision, Section 4 and the Summer Winds Subdivision Section 3 and legally
described as Lots 30-36, Block 6, Lots 72-78, Block 1, Lots 11-15, Block 7, Lots 6 & 12, Block
8, Reserve A, Block 1, Pecan Crossing Section 4; Lots 8-20, Block 1, Lots 1-4, Block 3, and
Reserve A, Block 1, Summer Winds Section 3 Amending; and Lot 696B, La Porte Outlots,
Harris County, Texas, from Medium Density Residential (R-2) to Low Density Residential (R-
1), following lawful publication of the notice of said public hearing; and
WHEREAS, on January 20, 2022, after considering the public testimony received at such
hearing, if any, the Planning and Zoning Commission recommended that the request to rezone
a 19.5- acre tract of land located within the Pecan Crossing subdivision, Section 4 and the
Summer Winds Subdivision Section 3 and legally described as Lots 30-36, Block 6, Lots 72-
78, Block 1, Lots 11-15, Block 7, Lots 6 & 12, Block 8, Reserve A, Block 1, Pecan Crossing
Section 4; Lots 8-20, Block 1, Lots 1-4, Block 3, and Reserve A, Block 1, Summer Winds
Section 3 Amending; and Lot 696B, La Porte Outlots, Harris County, Texas, from Medium
Density Residential (R-2) to Low Density Residential (R-1) be approved; and
WHEREAS, on February 28, 2022, the City Council of the City of La Porte conducted a public
hearing regarding a request to rezone a 19.5- acre tract of land located within the Pecan
Crossing subdivision, Section 4 and the Summer Winds Subdivision Section 3 and legally
described as Lots 30-36, Block 6, Lots 72-78, Block 1, Lots 11-15, Block 7, Lots 6 & 12, Block
8, Reserve A, Block 1, Pecan Crossing Section 4; Lots 8-20, Block 1, Lots 1-4, Block 3, and
Reserve A, Block 1, Summer Winds Section 3 Amending; and Lot 696B, La Porte Outlots,
Harris County, Texas, from Medium Density Residential (R-2) to Low Density Residential (R-
1); and
WHEREAS, each and every applicable requirement set forth in Chapter 211, Subchapter A,
Texas Local Government Code and the Code of Ordinance of the City of La Porte, Texas,
concerning public notices, hearings and other procedural matters have been fully met; and
WHEREAS, the City Council desires that the request to rezone a 19.5- acre tract of land located
within the Pecan Crossing subdivision, Section 4 and the Summer Winds Subdivision Section
3 and legally described as Lots 30-36, Block 6, Lots 72-78, Block 1, Lots 11-15, Block 7, Lots
6 & 12, Block 8, Reserve A, Block 1, Pecan Crossing Section 4; Lots 8-20, Block 1, Lots 1-4,
Block 3, and Reserve A, Block 1, Summer Winds Section 3 Amending; and Lot 696B, La
Porte Outlots, Harris County, Texas, from Medium Density Residential (R-2) to Low Density
Residential (R-1) be approved;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
LA PORTE, TEXAS:
Section 1. All of the facts recited in the preamble to this Ordinance are hereby found by the City
Council to be true and correct and are incorporated herein by this reference.
Section 2. changing the
zoning classification of the following described property, to wit: a 19.5- acre tract of
land located within the Pecan Crossing subdivision, Section 4 and the Summer Winds
Subdivision Section 3 and legally described as Lots 30-36, Block 6, Lots 72-78, Block
1, Lots 11-15, Block 7, Lots 6 & 12, Block 8, Reserve A, Block 1, Pecan Crossing
Section 4; Lots 8-20, Block 1, Lots 1-4, Block 3, and Reserve A, Block 1, Summer
Winds Section 3 Amending; and Lot 696B, La Porte Outlots, Harris County, Texas,
from Medium Density Residential (R-2) to Low Density Residential (R-1).
Section 3. 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 4. 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 5. The City Council officially finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council
is posted at a place convenient to the public at the City Hall of the city for the time
required by law preceding this meeting, as required by Chapter 551, TX
and that this meeting has been open to the public as required by law at all times during
which this ordinance and the subject matter thereof has been discussed, considered and
formally acted upon. The City Council further ratifies, approves and confirms such
written notice and the contents and posting thereof.
Section 6. The City Council of the City of La Porte hereby finds that public notice was properly
properties under consideration in compliance with code provisions.
Section 7. It is directed that the Official Zoning Map of the City of La Porte, Texas be changed
to reflect the zoning classification established by this ordinance
Section 8. The City Council of the City of La Porte hereby finds, determines, and declares that all
prerequisites of law have been satisfied and hereby determines and declares that the
amendments to the City of La Porte Zoning Map and Classification contained in this
ordinance as amendments thereto are desirable and in furtherance of the goals and
Section 9. This ordinance shall be effective after its passage and approval.
th
PASSED AND APPROVED this, the 28 day of FEBRUARY, 2022.
CITY OF LA PORTE, TEXAS
______________________________
Louis R. Rigby, Mayor
ATTEST: APPROVED:
__________________________ ____________________________
Lee Woodward, City Secretary Clark Askins, Assistant City Attorney
City of La PortePlanning and Development Department
Established 1892 Teresa Evans, Director
January 21, 2022
Honorable Mayor Rigby and City Council
City of La Porte
RE: Zone Change Request #22-92000003
Dear Mayor Rigby and City Council:
The La Porte Planning and Zoning Commission held a public hearing at the January 20,
2022 meeting on a zone change request by the City of La Porte, applicant, for a zone
change of property legally described as Lots 1-9, Block 1 and Lots 30-36, Block 6, Lots
72-78, Block 1, Lots 11-15, Block 7, Lots 6 & 12, Block 8, Reserve A, Block 1, Pecan
Crossing Section 4; Lots 8-20, Block 1, Lots 1-4, Block 3, and Reserve A, Block 1,
Summer Winds Section 3 Amending; and Lot 696B, La Porte Outlots, Harris County,
Texas, from Medium Density Residential (R-2) to Low Density Residential (R-1). The site
is a 19.5-acre tract of land located within the Pecan Crossing subdivision, Section 4 and
the Summer Winds Subdivision Section 3.
The Commission voted 7-0 on a motion to recommend approval of the requested zone
change.
Respectfully submitted,
Ian Clowes, City Planner
On Behalf of the Planning and Zoning Commission
City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020
Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005
www.laportetx.gov
Area Map
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Houston-Galveston Area Council (H-GAC)
R-1
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Houston-Galveston Area Council (H-GAC)
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:February 28, 2022
Requested By:Steve Deardorff, Chief Source of Funds:N/A
Department:Police
Account Number:N/A
Amount Budgeted:N/A
ReportResolutionOrdinance
Amount Requested:N/A
Exhibits:2021Racial Profiling Report
Budgeted Item:YesNo
SUMMARY& RECOMMENDATION
The attached report is provided in accordance with Article 2.132 (7) of the Texas Code
of Criminal Procedures. The Code requires that the police department annually report,
to its governing body, data collected on the race or ethnicity of individuals stopped for
traffic violations and subsequently cited, searched and/or arrested.
The report indicates that the La Porte Police Department is fully in compliance with all
relevant Texas laws concerning racial profiling, including the existence of a formal
policy prohibiting racial profiling by its officers, officer training, and the collection of data
in compliance with the law. As a result of this analysis, and the listed statistics, it is
believed that the officers of the La Porte Police Department are operating appropriately
and without bias relating to individual violator race, ethnicity, or national origin.
ACTION REQUIRED BY CITY COUNCIL
No action required, the Mayor will note that theCity Council has received the
2021La Porte Police Department Racial Profiling Report as presented by the
Chief of Police.
Approved for the City Council meeting agenda
Corby D. Alexander, City ManagerDate