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HomeMy WebLinkAbout1-23-23LOUIS R. RIGBY Mayor BRANDON LUNSFORD Councilperson At Large A BRENT McCAULLEY Councilperson At Large B MANDI WILLIAMS Councilperson District 1 CITY COUNCIL MEETING AGENDA CHUCK ENGELKEN Mayor Pro Tem Councilperson District 2 BILL BENTLEY Councilperson District 3 RICK HELTON Councilperson District 4 JAY MARTIN Councilperson District 5 ROBBIE McLARRIN Councilperson District 6 Notice is hereby given of a regular meeting of the La Porte City Council to be held January 23, 2023, beginning at 6:00 p.m. in the City Hall Council Chamber, 604 West Fairmont Parkway, La Porte, Texas, for the purpose of considering the following agenda items. All agenda items are subject to action. Remote participation is available. Attend via a screen using the link https://us02web.zoom.us/j/84869598076?pwd=UmZ1 MVI1 VzJhcDZoREFHck9paUUzdz09 Join by phone at 877-853-5257 or 888-475-4499. The meeting ID is 848 6959 8076 and the meeting passcode is 881484. 1. CALL TO ORDER 2. INVOCATION — The invocation will be given by Pastor Philip Dunn, Lighthouse Baptist Church. PLEDGES — Will be led by Councilperson Rick Helton. U.S. Flag Texas Flag: Honor the Texas Flag. I pledge allegiance to thee, Texas, one state, under God, one, and indivisible. 3. PRESENTATIONS, PROCLAMATIONS, AND RECOGNITIONS (a) Recognition of City employees for years of service. [Louis R. Rigby, Mayor] 4. CITIZEN COMMENT (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.) 5. CONSENT AGENDA (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 minutes of the January 9, 2023, regular City Council meeting. [Louis R. Rigby, Mayor] (b) Appointment of Omar Jaimes to an open position on the Building Codes Appeals Board. [Louis R. Rigby, Mayor] (c) Authorize the City Manager to execute an engagement agreement with Bickerstaff Heath Delgado Acosta LLP for consulting services to confirm council district populations and recommend revisions to the City of La Porte City Council District boundaries. [Corby Alexander, City Manager] (d) Adopt Ordinance 2022-3891 for the purpose of vacating, abandoning, and closing the eastern thirty (30) feet of the North 18th Street right-of-way, situated between the North E Street right- of-way and the southernmost line of the Madison Street right-of-way, located in Blocks 642 and 643, Town of La Porte, and authorizing execution and delivery of a deed to the adjoining landowner. [Teresa Evans, Planning & Development Director] (e) Authorize the City Manager to issue a Letter of Intent to Club Car, LLC, for purchase of 75 Tempo Electric 2024 golf cars through Sourcewell Contract #1222220-CCR for 2024 Club Car Fleet, to be funded in the City's 2024 Fiscal Year Budget. [Billy Stoker, Golf Course Manager] 6. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES (a) The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2023-3916 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Zone Change #22- 92000013, a change from General Commercial (GC) to Low Density Residential (R-1)for a 2.92-acre tract of land located along S. 2nd St. and S. 3rd St. between I St. and W. Fairmont Pkwy, and legally described Lots 23-32, Block 177, and Lots 1-11, 21-32, and the northern 10 feet of lot 12, Block 178, Town of La Porte, Harris County, Texas; followed by discussion and possible action to consider adopting Ordinance 2023-3916 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Zone Change #22-92000013, a change from General Commercial (GC) to Low Density Residential (R-1)for a 2.92-acre tract of land located along S. 2nd St. and S. 3rd St. between I St. and W. Fairmont Pkwy, and legally described Lots 23-32, Block 177, and Lots 1-11, 21-32, and the northern 10 feet of lot 12, Block 178, Town of La Porte, Harris County, Texas. [Teresa Evans, Planning & Development Director] (b) The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopting Ordinance 2023-3917 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by revising the notification requirements and procedures for public hearings held before the La Porte Planning and Zoning Commission and La Porte Zoning Board of Adjustment and amendments regarding RV Parks and Campground uses & Self Storage and Mini -Warehouse uses; followed by discussion and possible action to consider adopting Ordinance 2023-3917 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by revising the notification requirements and procedures for public hearings held before the La Porte Planning and Zoning Commission and La Porte Zoning Board of Adjustment and amendments regarding RV Parks and Campground uses & Self Storage and Mini -Warehouse uses. [Teresa Evans, Planning & Development Director] (c) The City Council will hold a public hearing to receive comments on the recommendation of the Dangerous Buildings Inspections Board for condemnation of two (2) dangerous/substandard structures located at 914 S. Broadway St.; and 9306 Carlow Ln. [Richard Glass, Chief Building Official] (d) Consideration and possible action to adopt Ordinance 2022-3906 ordering the condemnation of dangerous/substandard commercial building located at 914 S. Broadway Street, La Porte, Texas. [Richard Glass, Chief Building Official] (e) Consideration and possible action to adopt Ordinance 2022-3902 ordering the condemnation of dangerous/substandard residential dwelling structure located at 9306 Carlow Lane, La Porte, Texas. [Richard Glass, Chief Building Official] 7. STATUTORY AGENDA (a) Presentation, discussion, and possible action to direct administrative staff to forward proposed amendments to Ordinance 2023-3911, an ordinance amending Chapter 106 'Zoning' of the Code of Ordinances of the City of La Porte by establishing regulations related to the designation of the high frequency truck route, to the La Porte Planning and Zoning Commission for review and recommendation. [Councilpersons Bentley, Williams, and Helton] 8. ELECTION MATTERS (a) Presentation, discussion, and possible action to adopt Ordinance 2023-3910, calling the May 6, 2023, general election for the City of La Porte, Texas, for the purpose of electing members to La Porte City Council positions - Councilperson At -Large Position B, Councilperson District 1, and Councilperson District 6. [Lee Woodward, City Secretary] 9. ADMINISTRATIVE REPORTS Drainage and Flooding Committee meeting, February 13 City Council meeting, February 13 Planning and Zoning Commission meeting, February 16, 2023 10. COUNCIL COMMENT 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. 11. ADJOURN If, during the course of the meeting and discussion of any items covered by this notice, City Council determines that a Closed or Executive Session of the Council is required, then such closed meeting will be held as authorized by Texas Government Code, Chapter 551, Section 551.071 - consultation with counsel on legal matters; Section 551.072 - deliberation regarding purchase, exchange, lease or value of real property; Section 551.073 - deliberation regarding a prospective gift; Section 551.074 - personnel matters regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; Section 551.076 - implementation of security personnel or devices; Section 551.087 - deliberation regarding economic development negotiation; Section 551.089 - deliberation regarding security devices or security audits, and/or other matters as authorized under the Texas Government Code. If a Closed or Executive Session is held in accordance with the Texas Government Code as set out above, the City Council will reconvene in Open Session in order to take action, if necessary, on the items addressed during Executive Session. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (281-470-5019), two working days prior to the meeting for appropriate arrangements. Pursuant to Texas Government Code Sec. 551.127, on a regular, non -emergency basis, members may attend and participate in the meeting remotely by video conference. Should that occur, a quorum of the members will be physically present at the location noted above on this agenda. I, Lee Woodward, City Secretary, do hereby certify that a copy of the January 23, 2023, City Council agenda was posted on the City Hall bulletin board, a place convenient and readily accessible to the general public at all times, and to the City's website, www.LaPorteTX.gov, in compliance with Chapter 551, Texas Government Code. DATE TIME TAKEN DOWN Lee Woodward, City Secretary Service Awards — January 23, 2023 We are recognizing four employees this evening representing 90 years of service to the La Porte community. Jeffrey Henson, Patrol Officer —15 years Officer Henson joined the La Porte team first as a Jailer in January 2008 before graduating from HCC's Police Academy as a Cadet and promoting to become a Patrol Officer in 2009. Jeff holds an Advanced Peace Officer certification and has served as a Field Training Officer. Jeff, we appreciate your service to La Porte each and every day. Clint Loftin, Fire Engineer — 20 years For the past 20 years, Clint has protected and served La Porte as a Fire Engineer. He is certified as a Master Structure Firefighter, Fire Officer II, and Instructor II. He has played a key role in health and safety of our firefighters through his work on accountability protocols, bunker gear maintenance programs, and Self - Contained Breathing Apparatus (SCBA) training. His involvement with the departmental toy drives over the years have impacted hundreds of La Porte families. He is a tremendous asset to our fire department and the City. Clint, thank you for all that you do. Marcus Upchurch, Police Lieutenant — 25 years Since joining the La Porte Police department 25 years ago, Lt. Upchurch has served in many roles. He began as a Patrol Officer and has also carried the titles of Crime Prevention Officer and Sergeant and, since 2020, Lieutenant. Marcus holds a Master Peace Officer Certification and is a past nominee for both Employee of the Quarter and Manager of the Year. He has made positive contributions to La Porte through a variety of assignments including the DARE program, Citizen Police Academies, Youth Police Explorer group, and the Commercial Motor Vehicle Division, to name just a few. La Porte is a safer and more enjoyable community because of his efforts and leadership. Marcus, thanks for 25 years and counting. We appreciate you. Robert Chittenden, Golf Mechanic — 30 years Robert has been helping to make Bay Forest Golf Course a premier place to play for three decades. His primary responsibility is keeping the fleet of golf carts running smoothly and efficiently. His "other duties as assigned", however, cover a wide variety of tasks at the course. From fairway upgrades to clubhouse grounds work, Robert is always willing to chip in wherever needed. His wealth of experience is a benefit to players and his teammates alike. Robert, thanks so much for all your dedication and effort over the years. LOUIS R. RIGBY Mayor BRANDON LUNSFORD Councilperson At Large A BRENT McCAULLEY Councilperson At Large B MANDI WILLIAMS Councilperson District 1 CHUCK ENGELKEN Mayor Pro Tem Councilperson District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE JANUARY 9, 2023 BILL BENTLEY Councilperson District 3 RICK HELTON Councilperson District JAY MARTIN Councilperson District 5 ROBBIE McLARRIN Councilperson District 6 The City Council of the City of La Porte met in a regular meeting on Monday, January 9, 2023, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m., with the following in attendance: Councilpersons present: Louis Rigby, Brandon Lunsford, Brent McCaulley, Mandi Williams, Chuck Engelken, Bill Bentley Rick Helton, Jay Martin, Robbie McLarrin Councilpersons attending remotely: None Councilpersons absent: None Council -appointed officers present: Corby Alexander, City Manager; Lee Woodward, City Secretary; Clark Askins, Assistant City Attorney CALL TO ORDER — Mayor Riqbv called the meetinq to order at 6:00 p.m. 2. INVOCATION — The invocation was given by Councilperson Jay Martin, and pledges were led by Councilperson Rick Helton. 3. CITIZEN COMMENT (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.) There were no citizen comments. 4. CONSENT AGENDA (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. Approval of the minutes of the December 12, 2022, regular City Council meeting. [Louis R. Rigby, Mayor] b. Authorize the Mayor to sign a General and No Litigation Certificate for submission to the Texas Attorney General, in connection with Southeast Texas Housing Finance Corporation (SETH) issuance of revenue bonds for financing of the Portofino Apartments project. [Corby Alexander, City Manager] c. Reject the single bid received in response to La Porte Bid #23003 'Lomax Lift Station Consolidation Project'. [Ray Mayo, Director of Public Works] d. Authorize the City Manager to execute a four- (4-) year maintenance and service agreement with ProCare Services, a division of Stryker Corporation, in the total amount of $139,836.97, with annual payment of $34,959.24 beginning January 10, 2023, for maintenance and service of medical equipment. [Lisa Camp, EMS Chief] Mayor Pro Tern Engelken moved to approve the consent agenda; the motion was seconded by Councilperson Bentley; the motion was adopted, 9-0. 5. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2023-3912 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Zone Change #22-92000012, a change from Mid Density Residential (R-2) to Planned Unit Development (PUD) for a 13.4-acre tract of land located at the 8700 Block of Fairmont Pkwy. and legally described as Tracts 19A and 19C, Abstract 482, W Jones Survey, Harris County, TX; followed by discussion and possible action to consider adopting Ordinance 2023-3912 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Zone Change #22-92000012, a change from Mid Density Residential (R-2) to Planned Unit Development (PUD) for a 13.4-acre tract of land located at the 8700 Block of Fairmont Pkwy. and legally described as Tracts 19A and 19C, Abstract 482, W Jones Survey, Harris County, TX. [Teresa Evans, Planning & Development Director] The Mayor opened the public hearing at 6:05 p.m. Jennifer Curtis of META Planning + Design, responded to questions from the Council. Richard Warren spoke in opposition to the proposed development of the property. The Mayor closed the public hearing at 6:28 p.m. Councilperson Bentley moved to deny passage of Ordinance 2023-3912 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Zone Change #22-92000012, a change from Mid Density Residential (R-2) to Planned Unit Development (PUD) for a 13.4-acre tract of land located at the 8700 Block of Fairmont Pkwy. and legally described as Tracts 19A and 19C, Abstract 482, W Jones Survey, Harris County, TX; the motion was seconded by Mayor Pro Tern Engelken; the motion was adopted. 7-2, Mayor Rigby and Councilperson McCaulley voting against. b. The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2023-3913 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Special Conditional Use Permit #22-91000007, to allow for a zero -lot line single family subdivision on a 13.4-acre tract of land located at the 8700 Block of Fairmont Pkwy. and legally described as Tracts 19A and 19C, Abstract 482, W Jones Survey, Harris County, Texas in the Planned Unit Development (PUD) zoning district; followed by discussion and possible action to consider adopting Ordinance 2023-3913 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Special Conditional Use Permit #22-91000007, to allow for a zero -lot line single family subdivision on a 13.4-acre tract of land located at the 8700 Block of Fairmont Pkwy. and legally described as Tracts 19A and 19C, Abstract 482, W Jones Survey, Harris County, Texas in the Planned Unit Development (PUD) zoning district. [Teresa Evans, Planning & Development Director] Due to the fact that Special Conditional Use Permit (SCUP) #22-91000007 for the proposed zero - lot line single family subdivision can be granted only for property zoned Planned Unit Development (PUD), item 5b was rendered moot following action on item 5a and was not considered. c. The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2023-3911 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by amending regulations related to the High Frequency Truck Route (HFTR); followed by discussion and possible action to consider adopting Ordinance 2023-3911 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by amending regulations related to the High Frequency Truck Route (HFTR). [Teresa Evans, Planning & Development Director] The Mayor opened the public hearinq at 6:30 p.m. There were no comments from the public. The Mayor closed the public hearinq at 6:51 p.m. Mayor Pro Tern Engelken moved to adopt Ordinance 2023-3911 amendinq the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by amending regulations related to the High Frequency Truck Route (HFTR); the motion was seconded by Councilperson Bentley; the motion was adopted, 5-4, Councilpersons Williams, Bentley. Helton, and McLarrin voting against. 6. STATUTORY AGENDA a. Presentation, discussion, and possible action to consider issuance of a pipeline permit to HSC Pipeline Partnership, LLC (HSC) to install approximately 13,443 feet of an 8-inch ethylene pipeline within the City of La Porte. [Teresa Evans, Planning and Development Director] Britt Mouton of Pinnacle Resources and Jeff Waldo of Enterprise Products were permitted to respond to questions from the Council. Mr. Alexander said he understood the Council's wish to discontinue the current approval letter process relative to pipeline permits and would review the procedures and return an item to the Council as needed. Councilperson McCaulley moved to authorize issuance of a pipeline permit to HSC Pipeline Partnership, LLC (HSC) to install approximately 13,443 feet of an 8-inch ethylene pipeline within the City of La Porte, as presented, with no contingencies; the motion was seconded by Mayor Pro Tern Engelken; the motion was adopted, 9-0. 7. REPORTS a. Receive update on the renovation plans for the La Porte Recreation and Fitness Center. [Lindsay French, Superintendent of Recreation] Mrs. French said bidding was upcoming and that construction would hopefully begin in April. b. Receive report of the Drainage and Flooding Committee meeting. [Councilperson Martin] Councilperson Martin announced the Committee had met, received project updates, and that the next meeting was set for February 13. 8. ADMINISTRATIVE REPORTS • Planning and Zoning Commission meeting, Jan 19 • City Council meeting, Jan 23 • Zoning Board of Adjustment meeting, Jan 26 The City Manager said there were no reports. 9. COUNCIL COMMENT 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 wished all a happy new year; offered condolences to the families of Neil Moyer and Joe Mock, Sr.; and offered great appreciation to staff who rode the garbage trucks all the time, but especially after Thanksgiving and Christmas 10. EXECUTIVE SESSION a. Texas Government Code Section 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 and Assistant City Attorney to discuss the potential purchase of real property located in the City of La Porte. The Council adiourned into executive session at 7:28 D.m. 11. RECONVENE into open session and consider action, if any, on item(s) discussed in executive session. The Council reconvened from executive session at 7:54 p.m. The Mayor announced the Council had given staff direction to continue negotiations on the potential purchase of real property in the city of La Porte. ADJOURN — Without objection, the meeting was adjourned at 7:55 p.m. Lee Woodward, City Secretary REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 23, 2023 Requested By: Louis R. Rigby, Mayor Department: City Council • Report Resolution Ordinance Exhibits: None Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: Yes No SUMMARY & RECOMMENDATION Omar Jaimes applied for consideration for appointment to an open position on the Building Codes Appeals Board in late August 2022. The appointment was pulled from the September 12, 2022, City Council agenda to request inclusion of references, supplied by the applicant and to the Council on September 13, 2022. The applicant has continued to email regularly about the status of his application/filling of the position. Emails about open positions and pending applications were provided on October 10, 2022, and January 5, 2023. Below is information about those who serve on the Board: Sec. 82-11. - Compilation of board. The building code appeals board shall consist of seven resident electors of the City of La Porte who the City Council deems competent to serve on such board by virtue of their experience and training in matters pertaining to building construction. Members of the building code appeals board may not be employed by the City of La Porte. (Ord. No. 2004-2733, § 1, 5-10-04) *Determination 10113115 with City Attorney that "resident elector" requires member to be registered voter who lives in La Porte city limits. The City's Chief Building Official reviews the applications for the Board and has no comments for or against the application. ACTION REQUIRED BY CITY COUNCIL Consider appointment of Omar Jaimes to Position 5 of the Building Codes Appeals Board for a term ending August 31, 2023. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 23, 2023 Requested By: C. Askins/ C. Alexander Department: CAO/ CMO Report c - Resolution c- Ordinance Exhibits: Proposal from Bickerstaff Heath Delgado Acosta LLP and Engagement Letter Appropriation Source of Funds: General Fund Account Number: Contingency Amount Budgeted: $12,000 Amount Requested: $12,000 Budgeted Item: �*' Yes �' No SUMMARY & RECOMMENDATION According to the City of La Porte Charter, "Following the publication of the decennial federal census, city council shall conduct an investigation and determine the population of the city and the population of each of the districts from which district councilpersons are to be elected. Each such determination shall be based upon the best available data, including, but not limited to, the most recent federal census. Each such determination shall be expressed in an ordinance, which shall be a final determination for purposes of this Charter. After any such determination, if the distribution of population among the various districts is determined by city council to be materially unbalanced, the city council shall establish new boundaries for the election of district councilpersons." The City of La Porte has experienced significant growth since the last census. Much of this growth has taken place in City Council District 5. Staff believes that this growth has resulted in the population of the six council districts to be "materially unbalanced". Consequently, staff would propose using a consultant to confirm district population counts and to make recommendations to create districts that are balanced and meet legal requirements. Bickerstaff Heath Delgado Acosta, LLP has submitted a proposal to perform initial work to confirm district populations and make recommendations to the City Council for needed adjustments to district boundaries. The proposal includes a $6,000 fee for the initial data collection and analysis. The City would then pay on an hourly basis for work done to produce recommendations. Staff estimates that both phases can be completed for $12,000. If approved, contingency funds are available and would be allocated to getting the work performed. ACTION REQUIRED BY CITY COUNCIL Authorize the City Manager to execute an engagement agreement with Bickerstaff Heath Delgado Acosta LLP for consulting services to confirm council district populations and recommend revisions to the City of La Porte City Council District boundaries. Bickerstaff Heath Delgado Acosta LLP 3711 S. MoPac Expy., Building 1, Suite 300, Austin, Texas 78746 ENGAGEMENT AGREEMENT This agreement sets forth the standard terms of our engagement as your attorneys. Unless modified in writing by mutual agreement, these terms will be an integral part of our agreement with you. Therefore, we ask that you review this agreement carefully and contact us promptly if you have any questions. Please retain this agreement in your file. Identity of Client. We will be representing the interests of the City of La Porte, Texas (the "City"). Attorneys. Bickerstaff Heath Delgado Acosta LLP is engaged by you as your attorneys, and I, C. Robert Heath, will be the partner who will coordinate and supervise the services we perform on your behalf. We routinely delegate selected responsibilities to other persons in our Firm when, because of special expertise, time availability or other reasons, they are in a better position to carry them out. In addition, we will try, where feasible and appropriate, to delegate tasks to persons who can properly perform them at the least cost to you. The Scope of Our Work. You should have a clear understanding of the legal services we will provide. We will provide services related only to matters as to which we have been specifically engaged. Although in the future we may from time to time be employed on other matters, our present relationship is limited to representing the above -named client in the matters described in ExhibitA We will at all times act on your behalf to the best of our ability. Any expressions on our part concerning the outcome of your legal matters are expressions of our best professional judgment, but are not guarantees. Such opinions are necessarily limited by our knowledge of the facts and are based on the state of the law at the time they are expressed. We cannot guarantee the success of any given matter, but we will strive to represent your interests professionally and efficiently. Fees for Legal Services. Our charges for professional services are customarily based on the time devoted to the matter, the novelty and difficulty of the questions presented, the requisite experience, reputation and skill required to deal with those questions, time limitations imposed by the circumstances, and the amount involved and the results obtained. Unless otherwise indicated in writing, our fees for legal services are determined on the basis of the hourly rates of the respective lawyers and other timekeepers who perform the services. These rates vary depending on the expertise and experience of the individual. We will only adjust these rates with your consent and will notify you in writing if this fee structure is modified. The initial agreed billing rates for attorneys and other timekeepers engaged on your work are attached as Exhibit B. Other Charges. All out-of-pocket expenses (such as copying charges, travel expenses, messenger expenses, filing and other court costs, and the like) incurred by us in connection with our representation of you will be billed to you as a separate item on your statement. A description of the most common expenses is included as Exhibit C and agreed to as part of this agreement. Billing Procedures and Terms of Payment. Our billing period begins on the 16th of the month and ends on the 15th of the following month. We will render periodic invoices to you for legal services and expenses. We usually mail these periodic invoices on or before the last day of the month following the latest date covered in the statement. Each invoice is due upon receipt, must be paid in U.S. Dollars, and is considered delinquent if not paid in full within 30 days of its stated date. Payment must be made to the Firm at 3711 S. MoPac Expressway, Building One, Suite 300, Austin, Texas, 78746. We will include all information reasonably requested by you on all invoices and will reference any purchase order number provided by you. Payment and interest, if any, will comply with the Prompt Payment Act (Texas Government Code Chapter 2251), if applicable, for any final invoices. If you have any question or disagreement about any invoice that we submit to you for payment, please contact me at your earliest convenience so that we can resolve any problems without delay. Typically, such questions or disagreements can be resolved to the satisfaction of both sides with little inconvenience or formality. Termination of Services. You have the right at any time to terminate our employment upon written notice to us, and if you do we will immediately cease to render additional services. We reserve the right to discontinue work on pending matters or terminate our attorney -client relationship with you at any time that payment of your account becomes delinquent, subject to Court approval if necessary. In the event that you fail to follow our advice and counsel, or otherwise fail to cooperate reasonably with us, we reserve the right to withdraw from representing you upon short notice, regardless of the status of your matter. No termination, whether by you or by us, will relieve you of the obligation to pay fees and expenses incurred prior to such termination. Retention of Documents. Although we generally attempt to retain for a reasonable time copies of most documents in the possession of this Firm related to the matter(s) described in Exhibit A, we are not obligated to do so indefinitely, and we hereby expressly disclaim any responsibility or liability for failure to do so. We generally attempt to furnish copies of all documents and significant correspondence to you at the time they are created or received, and you agree to retain all originals and copies of documents you desire among your own files for future reference. This document serves as notice to you that we will destroy such materials in accordance with the Firm's record retention policy, which may be amended from time to time and a copy of which will be provided at your request. It is our Firm's policy to destroy all copies, whether in paper or electronic form, of materials in connection with the representation seven (7) years after the completion of our work relating to this engagement or the completion of a particular project under this engagement, unless and to the extent an exception recognized in our document retention policy or other legal requirement applies to some or all of the subject materials and requires retention for a longer period of time. The Firm also reserves the discretion to retain its records of pertinent documents relating to its ongoing representation of a client, e.g. in a general counsel capacity. If you would like to obtain copies of materials in the Firm's possession related to this matter prior to the scheduled destruction of the materials, please notify the Firm. Because you will have been furnished with copies of all relevant materials contained in our files during the course of the active phase of our representation, if you later ask us to retrieve and deliver materials contained in a file that has been closed, you agree that we will be entitled to be paid a reasonable charge for the cost of retrieving the file, and identifying, reproducing, and delivering the requested materials to you. Fee Estimates. We are often requested to estimate the amount of fees and costs likely to be incurred in connection with a particular matter. Our attorneys do their best to estimate fees and expenses for particular matters when asked to do so. However, an estimate is just that, and the fees and expenses required are ultimately a function of many conditions over which we have little or no control, especially in litigation or negotiation situations where the extent of necessary legal services may depend to a significant degree upon the tactics of the opposition. Unless otherwise agreed in writing with respect to a specific matter, all estimates made by us will be subject to your agreement and understanding that such estimates do not constitute maximum or fixed -fee quotations and that the ultimate cost is frequently more or less than the amount estimated. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without giving effect to its choice of law's provisions. Venue of any case or controversy arising under or pursuant to this Agreement will be exclusively in Travis County, Texas, United States of America. Standards of Professionalism and Attorney Complaint Information. Pursuant to rules promulgated by the Texas Supreme Court and the State Bar of Texas, we hereby advise you that the State Bar of Texas investigates and prosecutes complaints of professional misconduct against attorneys licensed in Texas. Information on the grievance procedures is available from the State Bar of Texas, and any questions you have about the disciplinary process should be addressed to the Office of the General Counsel of the State Bar of Texas, which you may call toll free at 1-800-932-1900. Questions. If you have any questions from time to time about any aspect of our arrangements, please feel free to raise those questions. We want to proceed in our work for you with your clear and satisfactory understanding about every aspect of our billing and payment policies; and we encourage an open and frank discussion of any or all of the matters addressed in this agreement. Acceptance of Terms. If this arrangement is acceptable to the City, please sign the enclosed duplicate original of this agreement and return it and the required retainerto us at your earliest convenience. We truly appreciate the opportunity to be of service to you and look forward to working with you in a mutually beneficial relationship. 2 AGREED TO AND ACCEPTED CITY OF LA PORTE, TEXAS By: [Printed name] Title: Date: cc: Billing Department BICKERSTAFF HEATH DELGADO ACOSTA LLP By: C. Robert Heath Date: Exhibit A —Scope of Services Bickerstaff Heath Delgado Acosta LLP While we agree that in the future we may from time to time be employed on other matters, this agreement provides that our relationship is limited to representing and counseling you in connection with the following: • Redistricting services based on the 2020 census data for the City of La Porte, Texas; and • Other legal services assigned or requested, only if the scope of which is confirmed by you in writing at the time of assignment. Other legal services not assigned or requested, and confirmed in writing, are specifically not within the scope of our representation. Exhibit B — Billing Rates Bickerstaff Heath Delgado Acosta LLP Initial Assessment $6,000.00 (plus out-of-pocket expenses) The Initial Assessment will consist of the preliminary tasks, Initial Assessment data analysis, and a presentation and discussion of the Firm's findings with the City Council. We charge $6,000 for the preparation and presentation of the Initial Assessment, plus out-of-pocket expenses, and travel time. If the Initial Assessment reveals that the City is balanced, and the City decides not to redistrict, no other fees will be assessed unless additional services are requested. Redistricting Process Hourly Fee Basis (plus out-of-pocket expenses) If the City is found to be out of balance, we will develop a detailed budget, outline the City's obligations, and produce a timeline for completing the remainder of the redistricting process. Unless otherwise indicated in writing, our fees for legal services related to redistricting are determined on the basis of the hourly rates of the respective lawyers, specialists, and paralegals who perform the services, plus out-of-pocket expenses including travel and travel time. These rates vary depending on the expertise and experience of the individual and are indicated below. Senior Attorneys: $420-$480 per hour Other Attorneys: $250-$375 per hour Senior GIS Specialist: $230 per hour Paralegal: $180 per hour Exhibit C—Client Costs Advanced Bickerstaff Heath Delgado Acosta LLP The firm incurs expenses on behalf of clients only when required by the legal needs of the clients. Some cases or matters require extensive use of outside copy facilities, and other cases may not be so paper -intensive. Standard services handled within the firm are not charged, and client specific expenses are billed to the client needing those services. An explanation of the billing structure is as follows: Not Charged Secretarial and word processing time, routine postage, file setup, file storage, local or ordinary long distance charges, fax charges, and computerized legal research data charges. Delivery Services Postage Outside delivery services are used for pickup and delivery of documents to the client as well as to courts, agencies, and opposing parties. Outside delivery fees are charged to the client at the rate charged to the firm. Overnight delivery services are also charged at the rate charged to the firm. Firm Office Services Department personnel may provide delivery service in urgent situations and charges for such in-house service will not exceed the charge that would be made by an outside service in a similar situation. Our postal equipment calculates exact U.S. postage for all sizes and weights of posted material. The rate charged for postage is the same as the amount affixed to the material that is mailed. We will not charge clients for postage on routine correspondence; however, the cost of large -volume mail, certified mail, or other additional mail services will be charged to the client. Copies and Prints Our standard rate for black and white copies and prints made by firm personnel is $0.15 per page. Color copies and prints are charged at a standard rate of $0.55 per page. These charges cover paper, equipment costs, and other supplies. If savings can be realized within the required time frame by sending copy jobs to subcontractors, the firm uses only qualified legal services copiers and the cost charged to the client is the same as the amount billed to the firm. Phone Charges Travel Maps Only charges for conference calls or international calls are charged, and charges are billed at the same amount billed to the firm by the outside provider. Attorney and other timekeeper time spent traveling on behalf of a client is billed to the client. Hotel, meals, local transportation, and similar expenses are charged based on receipts and travel expense forms submitted by the attorney. Documentation is available to the client if requested. Maps produced in conjunction with a project will be billed at $50 for each 34 x 44 inch map and $20 for each smaller map, plus cost (time fees) for preparation. Other Expenses Expenses incurred with outside providers in connection with the client's legal services will be paid by the client directly to the outside provider unless specifically arranged in advance. If the firm agrees to pay outside providers, the cost charged to the client is the same as the amount billed to the firm. Examples of such charges include: court reporter fees, filing fees, newspaper charges for publication notices, expert witness fees, consultants and other similar expenses. Exhibit D—Verification Required by Texas Government Code Chapter 2271 Bickerstaff Heath Delgado Acosta LLP By signing below, Bickerstaff Heath Delgado Acosta LLP hereby verifies the following: 1. The Firm does not boycott Israel; and 2. The Firm will not boycott Israel during the term of this Engagement Agreement. SIGNED BY: C. Robert Heath Date: This Verification is incorporated and made a part of the Engagement Agreement between Bickerstaff Heath Delgado Acosta LLP and the City of La Porte, Texas. City of La Porte, Texas REDISTRICTING SERVICES PROPOSAL Submitted by: � Bickerstaff Heath Delgado Acosta LLP December 30, 2022 Contact: C. Robert Heath 3711 South MoPac Expressway Building One, Suite 300 Austin, TX 78746 P: 512-472-8021 F: 512-320-5638 bheath@bickerstaff.com www.bickerstaff.com BickerstafF Heath Delgado Acosta LLP Firm Qualifications Bickerstaff Heath Delgado Acosta LLP (the "Firm") is a full -service governmental law firm that has provided redistricting legal services since 1980. In connection with our redistricting practice, the Firm also provides in-house demographic services as well as representing clients in voting rights and elections matters. We have represented hundreds of political subdivisions over the last 40-plus years. During the 2011 redistricting cycle, we represented approximately 100 political subdivisions, including 40 cities, 32 counties, 16 school districts, and multiple college districts and special districts. In addition, the Firm represented the Texas Senate in 2011 and 2013 to assist in congressional redistricting. More recently, in the 2021 redistricting cycle, our firm has thus far had the privilege of redistricting approximately 120 political subdivisions, including 52 cities, 39 counties, 21 school and college districts, and multiple special districts. Whether these entities needed merely an evaluation of redistricting requirements, a complete remapping of its districts, consolidation of districts or creation of additional districts, conversion from at -large to single -member voting systems, or counseling on litigation avoidance, our depth of experience with redistricting helped to make the process both successful and as smooth as possible for our clients. The Firm proposes a comprehensive solution to the City of La Porte's (the "City") redistricting needs and has the expertise and technology to provide full -scope redistricting services. Although other firms offer redistricting services, we differ in several key areas: More Experience — 2021 marked the fifth decennial redistricting cycle that the Firm has provided redistricting services since our founding in 1980. We have worked for some of the largest cities in Texas — including (among others) Houston, Dallas, San Antonio, El Paso, along with numerous small and medium-sized cities throughout Texas, some of which include, the cities of Bryan, Port Arthur, Temple, Galveston, Tyler, and the Town of Little Elm. The geographic reach of our redistricting practice is statewide, and our attorneys present redistricting topics at state and national conferences. For example, the Firm's co-founder Bob Heath presented Decision #1: Data (addressing the data available to redistricting professionals and the critical choices that must be made) at the 2019 National Conference of State Legislatures Capitol Forum in Phoenix. He also presented Evenwel v. Abbott: Redistricting and the Meaning of Political Representation at the 2016 American Bar Association Conference in San Francisco. Additionally, our firm has extensive experience representing government clients regarding the federal Voting Rights Act, a critical component of the redistricting process. 1 BickerstafF Heath Delgado Acosta LLP Governmental Focus — We have substantial legal practice experience with Texas local government entities and thus are sensitive to the complex legal issues they face -- including the often -unique election, governance, and open government law issues dealt with on a regular basis by cities, counties, and other types of local governments in Texas. Higher Capacity— With 24 attorneys and approximately 20 support staff, our firm is one of the largest in Texas with extensive, longstanding, statewide redistricting practice experience. We will assign a dedicated team of attorneys, GIS specialists, and other support staff to ensure the full redistricting process is completed according to the City's schedule and specific needs. Customized Approach — We recognize the redistricting needs of municipalities will vary greatly, which is why we will work with the City Council to prepare plans based on the specific concerns of the City. The redistricting process typically occurs only once per decade; therefore, it is vital forthe City to capitalize on this opportunity to address a range of practical concerns under federal, state, and local law, some of which may include: Establishment of Process Within Home Rule City Charter Requirements and Redistricting Commission Structure Rebalance of Population in City Council Districts Review and Legal Analysis of Minority Majority Districts, if any Election Precinct Coordination and Adjustment Other city charter -specific requirements The Firm will work closely with the City to assess specific needs and deliver a final product that will be useful for the decade following the current redistricting cycle. Technology — The Firm utilizes the latest technology in order to meet client needs in several areas, including: Redistricting Software and Quality Maps — The Firm uses Edge202O Redistricting Software to evaluate the 2020 Census data in order to provide clients with an Initial Assessment. In previous years, we have used AutoBound Redistricting Software, and Edge202O represents the next generation of this redistricting software developed by Citygate GIS. Edge202O exports seamlessly with ESRI map products and allows the export of all redistricting data for use in most standard mapping software. The redistricting software is uniquely specialized to perform all types of analyses required for the development and evaluation of redistricting plans and exports data that is compatible with ArcGIS 10.0 software. In addition, we have the capability to produce a variety of printed map sizes, including large - format printing through the use of an in-house plotter. Our GIS staff can also 2 BickerstafF Heath Delgado Acosta LLP prepare detailed large -format maps and export those maps into both PDF and graphic formats if clients choose to do their own printing. Virtual Meetings — Some clients prefer to meet via videoconference in order to reduce travel costs. If requested, the Firm will offer the GoToMeeting platform to present the initial redistricting assessment, host drawing sessions, or for other requested meetings. We also have access to the Microsoft Teams and Zoom online meeting platforms should either need to be used during the City's redistricting project. In -Person Attendance — We frequently attend meetings in person to deliver redistricting presentations. If needed, we have the capacity to bring laptops, a projector, and other technology to the meetings that may be useful to clients with limited on -site technology. Website and Social Media Posts — The Firm can assist the City in developing public notices, timelines, and map files for posting to the City's website and social media pages. Redistricting Team Redistricting services are at the core of our expertise as a law firm, and between them, our redistricting practitioners and staff have many decades of experience providing high -quality redistricting services. Below we describe the qualifications of the Firm's key redistricting team members and their full resumes are included as ATTACHMENT A. C. Robert Heath, Partner Prior to co-founding the firm Bickerstaff & Heath, Bob Heath served as Chair of the Opinion Committee at the Office of the Attorney General of Texas. He graduated from the University of Texas School of Law in 1972. He is licensed to practice law by the Supreme Court of the State of Texas and is admitted to practice before the U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of Texas, U.S. Court of Appeals for the Fifth Circuit, and the Supreme Court of the United States. Bob has more than 40 years of experience as a redistricting attorney. He has been lead counsel on many redistricting cases and is a frequent speaker on redistricting topics at state and national conferences. Notable examples of his publications and presentations include: America Votes! Challenges Facing Modern Election Law & Voting Rights, Co-author of the second, third, and fourth editions of the ABA publication Decision #1: Data, 2019 National Conference of State Legislatures Capitol Forum (Phoenix) 3 BickerstafF Heath Delgado Acosta LLP Evenwel v. Abbott: Redistricting and the Meaning of Political Representation, 2016 American Bar Association Conference (San Francisco) Applying a Bi-Racial Jurisprudence in a Tri-Ethnic World, 2015 American Bar Association Conference (Chicago) Voting Rights Symposium, Panelist, St. Mary's University School of Law Bob has extensive experience representing governmental entities in voting rights lawsuits. A notable suit includes Chen v. City of Houston, 206 F.3d 502 (5th Cir. 2000), in which the City of Houston obtained a summary judgment dismissing a Shaw v. Reno challenge to its council districts. Bob authored an amicus brief on behalf of Harris County in the U.S. Supreme Court Case Evenwel v. Abbott. The suit attempted to require the use of voter -eligible population (e.g., citizen -voting - age population) in the allocation of state legislative seats. If the plaintiffs had been successful, it would have resulted in Harris County losing two to three state representative seats. Additionally, it would have made it more difficult to draw districts where Hispanics had an equal opportunity to be elected. The constitutional issue of the appropriate measure of population was one that the Firm had successfully litigated in the Fifth Circuit and in defending against petitions for certiorari in Chen and in Lepak v. City of Irving. The U.S. Supreme Court sustained Harris County's position. Bob has spoken and delivered papers on redistricting throughout the United States and is recognized as an expert in this area of law. His article, Managing the Political Thicket: Developing Objective Standards in Voting Rights Litigation, 21 Stetson L. Rev. 819 (1992) was quoted and cited by the United States Supreme Court in Holder v. Hall, 512 U.S. 874, 889 (1994) (O'Connor, J., concurring). Sydney W. Falk, Jr., Partner Prior to joining the Firm, Syd Falk worked as a briefing attorney to the Hon. Will Garwood at the United States Court of Appeals for the Fifth Circuit. Syd graduated from the University of Texas School of Law in 1984 and is licensed to practice law by the Supreme Court of the State of Texas and is admitted to practice before the U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of Texas, the U.S. Courts of Appeals for the Fifth and Ninth Circuits, and the Supreme Court of the United States. As one of the Firm's senior redistricting attorneys, Syd has substantial experience having served as a redistricting attorney or team leader on dozens of redistricting projects in 1991, 2001, 2011, and 2021. He has been responsible for redistricting by Texas local government entities of all types, including cities, counties, school districts, and special districts. In the 2001 redistricting cycle, he worked on the redistricting of Missouri City, Bexar County, Dallas County, Tarrant County, Dallas ISD, Austin ISD, and dozens of others. In the 2011 cycle, he represented (among 2 BickerstafF Heath Delgado Acosta LLP others) the cities of Colorado City, Lockhart, Bryan, Brenham, and Stockdale; Bexar, Wilson, Brazos, Waller, Llano, and Schleicher counties; and Bryan ISD. Syd also has experience handling voting rights litigation, both through his work on cases handled by the Firm and as a former Fifth Circuit briefing attorney. He defended Dallas County and Bexar County in lawsuits challenging abolishment of justice precincts (from which JPs and constables are elected) -- the counties prevailed in those cases. He was co -counsel with Bob Heath in the Chen v. City of Houston case and participated with other Firm attorneys in the 1991 Campos v. City of Houston litigation -- the City of Houston prevailed in those cases. More recently, he defended Bexar County in a case challenging the County's elimination of a Justice of the Peace position — that case settled, and the abolition of the JP position stood. Prior to obtaining his law degree, Syd received a Ph.D. in Astronomy (theoretical astrophysics) from the University of Texas at Austin and performed post -doctoral work at CalTech and the University of Chicago. He was an Assistant Professor of Astronomy at the University of Texas at Austin for four years, and he was also a science consultant at the Los Alamos National Laboratory from 1980-1986. Syd's background in mathematics and statistics is valuable in analyzing relevant redistricting statistics and the expert testimony in voting rights cases. Gunnar P. Seaquist, Partner Prior tojoining the Firm, Gunnar Seaquist worked as an Assistant Attorney General in the General Litigation Division of the Office of the Attorney General of Texas. He graduated from Baylor University School of Law in 2006 and is licensed to practice law by the Supreme Court of the State of Texas, and is admitted to practice before the U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of Texas, and U.S. Court of Appeals for the Fifth Circuit. Gunnar has counseled Texas cities on voting -related charter amendments, led the redistricting efforts for cities, counties, public school districts, and community college districts, and he regularly assists the Firm's senior redistricting team with voting rights and litigation issues as noted in the examples below: Assisted Bob Heath in defending the City of Grand Prairie in a redistricting challenge under the U.S. Constitution and Section 2 of the Voting Rights Act; drafting of an amicus curie brief on behalf of Harris County in the Evenwel v. Abbott U.S. Supreme Court Case; and defending the City of Pasadena in a redistricting challenge under the U.S. Constitution and Section 2 of the Voting Rights Act. Assisted in the redistricting of Beaumont ISD with a specific focus on ensuring compliance with federal voting rights laws and analyzing and preventing litigation risks. Led the Firm's efforts in a mid -decade redistricting project for the City of Mesquite and the Town of Little Elm. 5 BickerstafF Heath Delgado Acosta LLP Served as Lead Counsel in the successful defense of voting rights and constitutional against Waller County, Texas. Johnson v. Waller County, NO. 4:18-CV-03985, 2022 WL 873325 (S.D. Tex. March 24, 2022). Led the current -cycle redistricting for the cities of Mesquite, McKinney, Killeen, Temple, Taylor, and Port Arthur, among others. Sherry McCall, Senior GIS Specialist Sherry McCall is the Firm's senior redistricting and GIS specialist. She manages the technical drawings of maps and works closely with our attorneys and elections specialist to compile the various technical reports and maps required for redistricting clients. Sherry also has considerable knowledge and experience related to the GIS applications that are utilized to develop redistricting plans for the Firm's clients. In addition, she regularly works with the American Community Survey dataset and special tabulation files that include citizenship data. Prior to joining the Firm 25 years ago, Sherry was a research analyst at the Texas Education Agency, where she helped implement the agency's first GIS system. She has data programming experience and has worked extensively with data from the Texas Education Agency, the U.S. Census Bureau, and the Texas Legislative Council. Sherry is responsible for the preparation of all data used for a redistricting project. She assists our attorneys in analyzing population/voting data and relevant historical elections and developing the analyses needed for redistricting projects. She also provides analyses, exhibits, and support for the Firm's redistricting and other litigation. Sherry received her B.A. from the University of North Texas in 1991. (She is not an attorney and is not licensed to practice law.) Scope of Services The following information outlines the Firm's proposed approach to providing redistricting services for the City. Our team of redistricting attorneys, GIS staff, and legal assistants will work together to complete each task listed below. Initial schedule planning. The Firm will consult with the City Council and establish a schedule for performance of the various tasks for which the Firm has been engaged. This would include scheduling council meetings, work sessions, and public meetings; establishing target dates for presentation of the proposed plans for City Council consideration and/or for public discussion; and establishing target deadlines for City Council adoption of a redistricting plan. The Firm will advise the City Council and clearly define the Council's responsibility in the redistricting process. Preliminary tasks. We will collect data for current boundaries and other factors and verify the accuracy of this data with the City. Current data for council districts and boundaries will be input into the Firm's GIS software. Ia BickerstafF Heath Delgado Acosta LLP Initial Assessment. The Firm will analyze whether current City Council districts have become sufficiently unbalanced in population as to require the City to engage in redistricting. The Initial Assessment will consist of a presentation and discussion with the City Council. If the districts are determined to be out of population balance, we will outline the City's obligations and produce a timeline for completing the remainder of the redistricting process. Development and adoption of criteria for redistricting. If the districts are found to be out of balance, the Firm will assist the City Council in identifying and adopting practical and legal criteria to be followed during the redistricting process. In light of Show v. Reno -type cases concerning gerrymandering and the standards that have emerged from them, this is a critical element of a successful redistricting process and important to establishing defensibility of an adopted plan against later litigation. Develop redistricting plans. The Firm will develop redistricting plans for council districts using the Firm's GIS and demographic capabilities. The Firm will work with the City Council to develop plans that take into account, consistent with the applicable legal requirements, the various practical considerations the City determines are relevant. Under our approach, we may first ask individual council members to respond to a questionnaire to help us understand their interests and concerns as we propose adjustments to the population in their respective districts. We anticipate that a number of plans may be developed, each responding to a different set of considerations proposed bythe City Council. Modifications or refinements may be required before a particular plan is determined to be acceptable. Advise the City regarding the merits of plan(s). The Firm will advise the City Council of the relative legal and practical merits of particular plans under consideration. As requested, members of the Firm will attend City Council meetings to discuss and present plan options. The Firm will provide written materials in support or explanation of any plans evaluated by the Firm at the City's request. In addition, we will provide an independent assessment of any plans. This assessment will verify whether and how the plan under consideration satisfies the applicable legal standards and whether the adopted redistricting criteria have been followed. Public input, deliberation, and adoption of final plan. Typically, one or more plans proposed by the City will be presented for public comment. Depending on the City's preferences and cost -savings approach, the Firm will either (a) conduct public presentations of proposed plans and summarize public comments, or (b) direct the City to prepare a recording of the public input meeting for the Firm to review. Depending on the comments received, the City may wish to adopt a final plan directly following the public meeting. 7 BickerstafF Heath Delgado Acosta LLP Post -project support. The Firm will remain available to the City to deliver maps and answer any remaining questions at the conclusion of the project and provide other assistance as requested. Litigation. In the event there is actual litigation or threatened litigation, the Firm will be available to counsel the City about the likely merits of any suit or claim brought or anticipated to be brought imminently, or to defend the challenge. Compensation The basic pricing structure for our services is outlined below. At the City's request, the Firm will prepare an estimated budget for the City's redistricting project. The ultimate project costs will largely be affected by choices the City makes, such as whether the City Council requests the Firm's attorneys/staff to attend meetings in person rather than appearing remotely, the time it takes for the City Council to agree on a final plan, etc. Initial Assessment $6,000.00 (plus out-of-pocket expenses) The Initial Assessment will consist of the preliminary tasks, Initial Assessment data analysis, and a presentation and discussion of the Firm's findings with the City Council. We charge $6,000 for the preparation and presentation of the Initial Assessment, plus out-of-pocket expenses, and travel time. If the Initial Assessment reveals that the City is balanced, and the City decides not to redistrict, no other fees will be assessed unless additional services are requested. Redistricting Process Hourly Fee Basis (plus out-of-pocket expenses) If the City is found to be out of balance, we will develop a detailed budget on request, outline the City's obligations, and produce a timeline for completing the remainder of the redistricting process. Unless otherwise indicated in writing, our fees for legal services related to redistricting are determined on the basis of the hourly rates of the respective attorneys, specialists, and paralegals who perform the services, plus out-of-pocket expenses including travel and travel time. These rates vary depending on the expertise and experience of the individual performing the work and are indicated below. Senior Attorney: $420-$480 per hour Other Attorney: $250-$375 per hour BickerstafF Heath Delgado Acosta LLP Senior GIS Specialist: $230 per hour Paralegal: $180 per hour Representative Clients The Firm has represented hundreds of political subdivisions across Texas in redistricting matters. The following is a representative listing of our municipal redistricting clients. A more extensive list is available upon request. City of Fulshear City of Galveston City of Houston City of Katy City of La Marque City of Missouri City City of Pasadena City of Port Arthur City of Sugar Land City of Texas City E BickerstafF Heath Delgado Acosta LLP ATTACHMENT A: Team Resumes 10 Bickerstaff Heath Delgado Acosta LLP C. Robert Heath PARTNER AUSTIN OFFICE. 3711 S. MoPac Expressway, Building One, Suite 300 Austin, Texas 78746 Attorney Overview Phone: 512-472-8021 Fax: 512-320-5638 Email: bheath@bickerstaff.com Bob Heath's redistricting experience began in 1971 when, as a legislative aide, he assisted in the preparation of state senate districting plans. Following the 1980, 1990, 2000, and 2010 censuses, he represented many governmental bodies during the redistricting process. This representation included preparation of plans using the firm's in-house GIS system and preparation of submissions to the Department of Justice under section 5 of the Voting Rights Act. In 2001, he advised the Texas Legislative Redistricting Board, and in 2003, he advised the Texas Senate on redistricting. In 2002, he was retained by the Attorney General to assist in defending the state's redistricting plans. The redistricting following the 2020 census will be the sixth decennial redistricting in which he has worked. Mr. Heath has also served as counsel in many important voting rights cases. Representative Experience The firm has advised more than 100 governmental entities and has prepared hundreds of submissions to the Department of Justice. Its clients have included counties, cities, community college districts, school districts, and special districts as well as the State of Texas. The following list includes some of the voting rights cases in which the firm represented a governmental entity. In each case, Mr. Heath either served as lead counsel or had a major role in the representation. Patino v. City of Pasadena, 230 F.Supp.3d 667 (S.D. Tex. 2017). The firm defended a city that had replaced its single -member -district election system with a mixed system containing both single -member districts and at -large positions. The court ruled for the plaintiffs, and, following a change of administration, the city decided not to pursue its appeal. Dacus v. Parker, 466 S.W.3d 820 (Tex. 2015). The firm represented the City of Houston in the Texas Supreme Court defending the wording of a ballot proposition. The Court disapproved of six prior appellate cases and ruled against the city. 3BARD CERTIFIED' Texas Board of Legal Specialization ADMINISTRATIVE LAW Practice Areas Voting Rights & Redistricting e Elections 4 Civil Litigation e General Administrative 4 Open Government e Annexation & Land Use ♦ Cities ® Counties ♦ Higher Education ® Schools t Special Districts Education The University of Texas School of Law, J.D.— Friar Society The University of Texas at Austin, B.A Admissions Supreme Court of Texas, 1972 Supreme Court of the United States www.bickerstaff.com Austin El Paso Houston McAllen Ph�7 Bickerstaff Robert Heath PARTNER Phone: 512-472-8021 10A Heath Delgado Acosta LLP Email: bheath@bickerstaff.com Benavidez v. Irving Independent School District, 2014 WL 4055366 (N.D. Unites States Court of Tex. 2014). The firm defended the school district's decision to adopt a 5-2 mixed plan rather than a 7-0 single- member -district plan. The court ruled Appeals for the Fifth Circuit for the plaintiff. United States District Cisneros v. Pasadena Independent School District, 2014 WL 1668500 Courts for the Eastern, (S.D. Tex. 2014). The firm successfully defended the school district's use of Northern, Southern, and an at -large election system. Western Districts of Texas League of United Latin American Citizens, District 19 v. City of Boerne, Administrative Law, Texas 2013 WL 12231416 (W.D. Tex. 2013). The firm defended the city against a Board of Legal claim for $500,000 in attorneys' fees. The court ruled that the plaintiff was Specialization not a prevailing party and, thus, was not entitled to recover any fees. Fabela v. City of Farmers Branch, 2012 WL 3135545. The firm defended the city's use of its at -large election system. The court ruled that population changes revealed by the census resulted in a Section 2 violation. Lepak v. City of Irving, 453 F. App'x 522 (5th Cir. 2011). The firm defended the City of Irving in a challenge to the use of total population as the apportionment base where the jurisdiction contains a high percentage of non -citizens. The plaintiffs, who were backed by a Washington -based advocacy group, brought the case in an effort to get the issue to the Fifth Circuit or Supreme Court in hopes of creating a new standard for apportionment. The city prevailed on summary judgment, which was affirmed by the Fifth Circuit. The Supreme Court denied the petition for a writ of certiorari. Lopez v. City of Houston, 617 F.3d 336 (5t" Cir. 2010). The firm represented the City of Houston in an action claiming that the city's failure to add two new council seats violated section 5 of the Voting Rights Act. The district court granted the city's motion to dismiss the suit, and the Fifth Circuit affirmed. Reyes v. City of Farmers Branch, 586 F.3d 1019 (5t" Cir. 2009). The firm successfully defended the City of Farmers Branch's at -large election system. The basic issue involved the ability to measure post-censal growth in the Hispanic population. Benavides v. Irving Ind. Sch. Dist., 690 F. Supp. 451 (N. D. Tex. 2010). The firm successfully defended the Irving school district's at -large election system despite an earlier negative ruling by a district judge involving essentially the same geographic area. Benavides v. City of Irving, 638 F. Supp 700 (N.D. Tex. 2009). The firm defended the City in a challenge to its at -large election system. The district court ruled in favor of the plaintiff, and, rather than appeal, the city and plaintiff agreed to a compromise that was consistent with the city's plan to adopt a mixed system. www.bickerstaff.com Austin El Paso Houston McAllen 2 L161 Bickerstaff 10A Heath Delgado Acosta LLP C. Robert Heath I PARTNER Phone: 512-472-8021 Email: bheath@bickerstaff.com Rodriguez v. Bexar County, Tex., 385 F.3d 853 (5t" Cir. 2004). The firm successfully defended Bexar County against various voting rights and state constitutional attacks when it abolished a constable precinct. 2001 Texas legislative and congressional redistricting litigation. The firm was retained by the Office of the Attorney General of Texas to assist the state in defense of the 2001 legislative redistricting and in the litigation in which the federal court drew an interim congressional plan. The cases included Mexican -American Legislative Caucus Texas House of Representatives v. Texas, 536 U.S. 919 (2002) (summ. aff.); Perry v. Del Rio, 67 S.W.3d 85 (Tex. Sup. 2001); In re Perry, 60 S.W.3d 857 (Tex. Sup. 2001). Chen v. City of Houston, 206 F.3d 502 (5t" Cir. 2000). The firm represented the City of Houston in defending its current redistricting plan against a Shaw v. Reno challenge. The district court granted summary judgment in favor of the City, and the Fifth Circuit affirmed in March 2000. The United States Supreme Court, Justice Thomas dissenting, denied Chen's petition for writ of certiorari. Robert Valdespino and Brenda Rolon v. Alamo Heights Independent School District, et at., 168 F.3d 848 (5t" Cir. 1999). The firm successfully defended the school district in a challenge to its at -large election system. The plaintiffs filed a petition for certiorari, and the Solicitor General, at the invitation of the Court, submitted a brief in which the United States urged that the petition be granted. The Supreme Court, however, denied the petition in January 2000. Foreman v. Dallas County, Texas, 521 US 979 (1997) This case, which produced a U.S. Supreme Court opinion, related to whether procedures for appointing election judges were covered by Section 5 of the Voting Rights Act. The case was dismissed before a final ruling on the merits, but the district court awarded attorney's fees after finding that the suit was a catalyst to corrective legislation. The Fifth Circuit reversed the award and narrowed the scope of the catalyst theory as a basis for awarding attorney's fees (193 F.3d 314 (5th Cir. 1999)). A petition for certiorari was denied by the Supreme Court. Campos v. City of Houston, 113 F.3d 544 (5th Cir. 1997). This case involved a successful defense of the at - large portion of the City of Houston's election system. The case established the Fifth Circuit rule on using citizen voting age population in voting rights analysis. Campos v. City of Houston, 776 F. Supp. 304 (S.D. Tex. 1991), No. 91-6100 (5th Cir. Oct. 24, 1991), 960 F.2d 26 (5th Cir. 1991) (subsequently withdrawn), 968 F.2d 446 (5th Cir. 1992), 112 S.Ct. 354 (1991) (Scalia, J., in chambers), 113 S.Ct. 971 (1993) (denial of certiorari). This hotly contested case involved a counterclaim in which the city sought permission for the 1991 city election to be conducted notwithstanding the Department of Justice's objection to the 1991 redistricting plan. The city was successful, and the election was held as scheduled. United States v. City of Houston, 800 F. Supp. 504 (S.D. Tex. 1992) (3-judge court). The firm defended the city in a suit brought by the Department of Justice which sought to enjoin the city's 1991 election. The election was not enjoined and the court rejected a subsequent request by the United States to overturn it. Texas v. United States, No. 94-1529 (D.D.C. July 10, 1995) (3-judge court). The firm represented Harris, Fort Bend, Tarrant, and Midland counties before the district court of the District of Columbia seeking preclearance of the creation of several judgeships. The Department of Justice had earlier refused to preclear the statutes creating the courts. Since preclearance was required to be sought by the State, the counties participated in the capacity as amicus. The District of Columbia court precleared all the courts. Harris v. City of Houston, 151 F.3d 186 (5t" Cir. 1998). The firm was voting rights counsel to the city in defending its 1996 annexation of the Kingwood area against attacks under the Voting Rights Act. The district court ruled for the city and the Fifth Circuit dismissed the appeal as moot. www.bickerstaff.com Austin El Paso Houston McAllen 3 L161 Bickerstaff 10A Heath Delgado Acosta LLP C. Robert Heath I PARTNER Phone: 512-472-8021 Email: bheath@bickerstaff.com League of United Latin American Citizens v. Midland ISD, 829 F.2d 546 (5th Cir. 1987) (en banc). The firm prepared an amicus brief and participated in the oral argument before the en banc Fifth Circuit. The basic issue involved whether two minority groups could be combined to constitute a single group that was large enough to meet the Supreme Court's threshold requirement set out in Thornburg v. Gingfes. This case was decided on procedural grounds so the court did not reach the substantive issues. Overton v. City of Austin, 871 F.2d 529 (5th Cir. 1989). The firm successfully represented the City of Austin in defending its at -large council election system. Salas v. Southwest Texas Junior College, 964 F.2d 1542 (5th Cir. 1992). The firm successfully represented thejunior college district in defense of its at -large election system. LeRoy v. City of Houston, No. H-78-2174 (S.D. Tex. 1985). A federal judge issued a temporary restraining order halting absentee balloting in the 1985 mayoral and council election for the City of Houston. The firm was hired to assist the City Attorney in representing the City before the Department of Justice and the three - judge court. The election was able to proceed as scheduled. Alfred Valero, et al. v. City of Kerrville, et at., No. SA-96-CA-413 in the United States District Court for the Western District of Texas, San Antonio Division. The firm represented the city in a challenge to its at -large election system. After presentation of expert reports, the plaintiffs dropped the case. Bosquez v. City of Amarillo, No. 2-05CV-324-J in the United States District Court for the Northern District of Texas, Amarillo Division. The firm represented the city in a challenge to its at -large election system. After presentation of the expert reports, the plaintiffs dropped the case. Career Highlights ♦ Partner, Bickerstaff Heath Delgado Acosta LLP, 1980 - present ♦ Chairman, Attorney General's Opinion Committee, 1974-1980 ♦ Assistant Attorney General of Texas, 1973-1980 ♦ Law Clerk to Honorable Jack Roberts, U.S. District Judge for the Western District of Texas, 1972-1973 ♦ Texas Super Lawyers list, 2007-2022 ♦ The Best Lawyers in America©, Administrative/Regulatory Law, 2022-2023 Publications & Presentations "Managing the Political Thicket: Developing Objective Standards in Voting Rights Litigation," (21 Stetson Law Review, 819 [1992]). This article is an expansion of Mr. Heath's presentation to a symposium on voting rights co -sponsored by Tulane Law School, Stetson Law School, and the Local Government Section of the Florida State Bar held in Clearwater, Florida in April 1991. The article has been cited and quoted by the U.S. Supreme Court. "Thornburg v. Gingles: The Unresolved Issues," 79 National Civic Review 50 (1990). (This article relates to issues arising from the leading U.S. Supreme Court case on single -member districts.) "Baker v. Carr" (encyclopedia article); The Encyclopedia of the United States Congress (Simon & Schuster: New York 1995). Editor and Foreword to Gerrymandering Texas by Steve Bickerstaff, ix-xiv. Lubbock: Texas Tech University Press, 2020. www.bickerstaff.com Austin El Paso Houston McAllen 4 L161 Bickerstaff NA Heath Delgado Acosta LLP C. Robert Heath I PA RT N E R Phone 512-472-8021 Email: bheath@bickerstaff.com "Immigration, Citizenship and the 2020 Census," Chapter 1 in America Votes! A Guide to Modern Election Law and Voting Rights, 4th Edition, Benjamin E. Griffith, Editor (2019). "Using Census Data Sources to Prove Citizenship in Voting Rights Litigation," Chapter 4 in America Votes! A Guide to Modern Election Law and Voting Rights, 3rd Edition, Benjamin E. Griffith, Editor (2016). "The Impact of Noncitizens on Voting Rights Issues," Chapter 2 in America Votes! A Guide to Modern Election Law and Voting Rights, 2nd Edition, Benjamin E. Griffith, Editor (2012). "Applying the Voting Rights Act in an Ethnically Diverse Nation," 85 Miss. L.J. 1305, Voting Rights Act Symposium (2017). "Texas Cities and Redistricting," Rio Grande Valley City Attorneys Association CLE Program (March 2021). "Census Delay and the Change in Administrations Will Affect Redistricting," Texas Town & City magazine (March 2021). "Census Delay Presents Challenges for County Redistricting," article published for the Texas Conference of Urban Counties Education & Policy Conference (March 2021). "Texas Cities and Redistricting," Houston Area Municipal Attorneys CLE Program (January 2021). "Municipal Redistricting Obligations Triggered by the Upcoming Release of the 2020 Federal Census" (Co - presenter with David Mendez), Texas City Attorneys Association Fall Virtual Conference (October 2020). "Texas Cities and Redistricting," Nineteenth Annual Riley Fletcher Basic Municipal Law Seminar, a program hosted by Texas City Attorneys Association (February 2020). "Decision #1: Data," presented at the 2019 NCSL Capitol Forum, Phoenix, Arizona (December 2019). "The Coming Voting Rights Battle After Evenwel," presented to the 2018 Fall CLE and Networking Conference, American Bar Association Section of State and Local Government Law, San Antonio, Texas (October 2018). "Evenwel v. Abbott: Redistricting and the Meaning of Political Representation," presented to the 2016 ABA Annual Meeting, American Bar Association Young Lawyers Division and Section of State and Local Government Law, San Francisco, California (August 2016). "Applying a Bi-Racial Jurisprudence in a Tri-Ethnic World," presented to the 2015 ABA Annual Meeting, American Bar Association Section of State and Local Government Law, Chicago, Illinois (July 2015). "Shelby County v. Holder and the Demise of Section 5: What is Next for Voting Rights in Texas?" presented to Texas City Attorneys Association Sixteenth Annual Riley Fletcher Basic Municipal Law Seminar, Austin, Texas (February 2015). "What's Left of the Voting Rights Act?" presented to Texas City Attorneys Association TML Annual Conference, Houston, Texas (October 2014). "City Attorneys and the Voting Rights Act," presented to Texas City Attorneys Association Fourteenth Annual Riley Fletcher Basic Municipal Law Seminar, Austin, Texas (February 2013). "Open Records Laws and the Redistricting Process," presented to National Conference of State Legislatures National Redistricting Seminar, Austin, Texas (March 27, 2010). "The Impact of Non -Citizens on Voting Rights Issues," "Nuts and Bolts of Voting Rights Litigation," and "A Tool Box and Time Line for Redistricting following the 2010 Census," all presented to the International Municipal Lawyers Association, Columbia, South Carolina (December 10, 2009). www.bickerstaff.com Austin El Paso Houston McAllen 5 L161 Bickerstaff 10.4 Heath Delgado Acosta LLP C. Robert Heath I PA RT N E R Phone: 512-472-8021 Email: bheath@bickerstaff.com "When Elections are Too Close to Call," presented to the Advanced Texas Administrative Law Seminar, Austin, Texas (August 2009). "Redistricting Issues for City Attorneys," presented to the Texas City Attorneys Association Summer Conference (June 2009). "2009 Supreme Court Voting Rights Cases," presented to the 51st Annual County Judges and Commissioners Continuing Education Conference, Austin, Texas (March 2009). "Redistricting and the Census," presented to the BHPC Local Government Seminar, Austin, Texas (April 2008). "Census 2010," presented to the BHPC Local Government Seminar, Austin, Texas (April 2007). "Balancing Section 2 and Shaw v. Reno: Lessons from Chen v. City of Houston" presented to the Mid -Year Seminar of The International Municipal Lawyers Association, Washington, D.C. (April 2002). "Redistricting 2001," presented at Challenges Facing Local Governments, Federal Bar Association, Dallas, Texas (September 1999); at the 45th Annual Education Law Association Conference, Chicago, Illinois (November 1999); at the National Association of Counties 2000 Legislative Conference, Washington, D.C. (March 2000); at the 2000 Texas City Attorneys Association Semi -Annual Conference, South Padre Island, Texas (June 2000); at the National Association of Counties 2000 Annual Conference, Charlotte, North Carolina (July 2000); and at the Virginia Association of Counties Conference, Charlottesville, Virginia (August 2000). "Countdown to Redistricting," presented to the BHSPKM Local Government Seminar, Austin, Texas (April 1999). "Redistricting in 2001: Different than it Used to Be," presented to the BHSPKM Local Government Seminar, Austin, Texas (April 1998). "Voting Rights After Miller," presented to the 42nd Annual Institute for City and County Attorneys, Athens, Georgia (September 1995). "Section 2, Section 5, One Man -One Vote --Surviving Redistricting Without Litigation," presented to the National Institute of Municipal Law Officers, Boston, Massachusetts (September 23, 1990). (The National Institute of Municipal Law Officers is the national association for city attorneys.) Also published in Cities and Villages, a publication of the Ohio Municipal League, January 1991. "Preparing for Redistricting After the 1990 Census," presented to the National Institute of Municipal Law Officers, Washington, D.C. (March 1990). "Voting Rights: Defendant's Perspective," presented at Suing and Defending Governmental Entities and Officials, State Bar of Texas Professional Development Program, Dallas and San Antonio, Texas (February 1990). "Recent Developments in Voting Rights Law," presented to the National Institute of Municipal Law Officers, Seattle, Washington (October 1989). "Effect of Annexation Prior to Preclearance Under Section 5 of the Voting Rights Act," presented to the Section on Zoning, Planning and Land Development of the National Institute of Municipal Law Officers, Washington, D.C. (March 16, 1986). www.bickerstaff.com Austin El Paso Houston McAllen 6 Bickerstaff Heath Delgado Acosta LLP Attorney Overview Sydney W. Falk, Jr. 3711 S. MoPac Expressway, Phone: 512-472-8021 Building One, Suite 300 Fax: 512-320-5638 Austin, Texas 78746 Email: sfalk@bickerstaff.com Practice Areas Syd is one of the firm's senior redistricting attorneys. He has substantial ♦ Voting Rights & Redistricting experience in redistricting, having served as a redistricting attorney or team ♦ Civil Litigation leader on dozens of redistricting projects in 1991, 2001, and 2011. He has ♦ Contracts & Procurement been responsible for redistricting by Texas local government entities of all ♦ General Counsel types, including counties, cities, school districts, and special districts, including in the 2001 redistricting cycle, work on the redistricting of ♦ Open Government Missouri City, Bexar County, Dallas County, Tarrant County, Dallas ISD, Environmental Austin ISD, and dozens of others. In the 2011 cycle, he represented (among ♦ Cities others): the cities of Colorado City, Lockhart, Bryan, Brenham, and r Counties Stockdale; Bexar, Wilson, Brazos, Waller, Llano, and Schleicher counties; and ♦ Special Districts Bryan ISD. Education Syd also has experience handling voting rights litigation, both through his work on cases handled by the firm and as a former Fifth Circuit briefing University of Texas Law (J.D., attorney. He defended Dallas County and Bexar County in lawsuits 1984) challenging abolishment of justice precincts (from which JPs and constables University of Texas (Ph.D. are elected) -- the counties prevailed in those cases. He was co -counsel with Astronomy [Theoretical Bob Heath in the Chen v. City of Houston case, and participated with other Astrophysics] 1974) firm attorneys in the 1991 Campos v. City of Houston litigation -- the City of Rice University (B.A. Physics, Houston prevailed in those cases. More recently, he defended Bexar County 1969; M.S. Space Science in a case challenging the County's elimination of a Justice of the Peace 1972) position — that case settled and the abolition of the JP position stood. Admissions Prior to obtaining his law degree, Syd received a Ph.D. in theoretical Supreme Court of Texas, 1984 astrophysics from the University of Texas at Austin, and performed post- doctoral work at CalTech and the University of Chicago. He was an Assistant U.S. Supreme Court Professor of Astronomy at the University of Texas at Austin for four years, U.S. Court of Appeals for the and a science consultant at the Los Alamos National Laboratory from 1980- Fifth and Ninth Circuits 1986. His background in mathematics and statistics is valuable in analyzing U.S. District Courts for the relevant redistricting statistics and the expert testimony in voting rights Northern, Southern, Eastern cases. and Western Districts of Texas www.bickerstaff.com Austin El Paso Houston McAllen WBickerstaff W7Heath Delgado Acosta LLP Career Highlights Syd Falk I PARTNER Phone: 512-472-8021 Email: sfalk@bickerstaff.com Former Briefing Attorney to Hon. Will Garwood, United States Court of Appeals for the Fifth Circuit, September 1984 - August 1985 Representative Experience Chen v. City of Houston - voting rights case defending the City's redistricting plan against a Shaw v. Reno challenge. The district court granted summaryjudgment in favor of the City, and the Fifth Circuit affirmed. The Supreme Court denied the petition for writ of certiorari; 206 F.3d 502 (51" Cir. (Tex.), Mar 09, 2000) (NO. 98-20440) Environmental Defense Center, Inc. v. U.S. E.P.A., 344 F.3d 832, 57 ERC 1039, #33 Envtl. L. Rep. 20,269,3 Cal. Daily Op. Serv. 8398, 2003 Daily Journal D.A.R. 10,479 (91" Cir. (Cal.), Sep 15, 2003) (NO. 00-70014, 00- 70734, 00-70822) (Challenge to E.P.A. Stormwater Phase II rule) Environmental Defense Center, Inc. v. U.S. E.P.A., 319 F.3d 398, 55 ERC 1833, 33 Envtl. L. Rep. 20,139, 3 Cal. Daily Op. Serv. 369, 2003 Daily Journal D.A.R. 467 (91" Cir., Jan 14, 2003) (NO. 00-70014, 00-70734, 00- 70822)(same) GDF Realty Investments, Ltd. v. Norton, 326 F.3d 622, 56 ERC 1033 (51" Cir.(Tex.), Mar 26, 2003) (NO. 01 51099)(amicus brief regarding Commerce Clause challenge to Endangered Species Act as applied to private property) Shields v. Norton 289 F.3d 832, 54 ERC 1477, 32 Envtl. L. Rep. 20,639 (51" Cir.(Tex.), Apr 26, 2002) (NO. 00- 50839)(amicus brief regarding application of Endangered Species Act to private property) Sierra Club v. City of San Antonio, 112 F.3d 789,65 USLW 2735, 44 ERC 1982, 27 Envtl. L. Rep. 21,051 (51" Cir.(Tex.), Apr 30, 1997) (NO. 96-50636) (Endangered Species Act case) Sierra Club v. Glickman, 82 F.3d 106, 42 ERC 1989, 34 Fed.R.Serv.3d 476, 26 Envtl. L. Rep. 21,198 (51" Cir. (Tex.), May 02, 1996) (NO.95-50672) (Endangered Species Act case) Sierra Club v. Babbitt, 995 F.2d Envtl. L. Rep. 20,891 (5t" Cir.(Tex.), Jul 02, 1993) (NO. 93-8123) (Endangered Species Act case) El Paso Apartment Association v. City of El Paso, No. 3:08-CV-145 (W.D. Tex. 2009) (summary judgment for defendants), (challenge to storm water utility rates), aff'd No. 10-50069 (5th Cir. 2011) (per curiam) Guadalupe -Blanco River Authority v. City of Lytle, 937 F.2d 184 (5t" Cir.(Tex.), Aug 02, 1991) (NO. 90-8064) Interlocal Agreements for local governments County officials' authority Voting rights and districting issues Competitive bidding and purchasing programs for public entities (cities, counties, river authorities, schools), including municipal electric utilities natural gas fuel supply Natural gas transportation contracting for municipal and county governments www.bickerstaff.com Austin El Paso Houston McAllen 2 ho P L161 Falk PARTNER hone:512-472-8021 10A Heath Delgado Acosta LLP Email: sfalk@bickerstaff.com Service and goods contract drafting and review for local governments Outside general counsel for the Greater Austin Area Telecommunications Network Copyright issues, including school curriculum Trademark registration for public and private entities Copyright and software licensing agreements for public and private entities Scientific Research Research Fellow in Physics, Kellogg Radiation Laboratories, California Institute of Technology, Pasadena, CA, 1974-76 R.R. McCormick Fellow, Enrico Fermi Institute, University of Chicago, Chicago, IL, 1976-78 Visiting Summer Faculty Fellow, IBM— T.J. Watson Corporate Research Laboratories, Yorktown Heights, NY, summer 1977 Assistant Professor, Astronomy Department, University of Texas at Austin, Austin, TX, 1978-82 Scientific Consultant, Los Alamos Scientific Laboratories, Los Alamos, NM, 1979-86 www.bickerstaff.com Austin El Paso Houston McAllen 3 Bickerstaff Heath Delgado Acosta LLP Gunnar R Seaquist PARTNER AUSTIN OFFICE 3711 S. MoPac Expressway, Building One, Suite 300 Austin, Texas 78746 Attorney Overview Phone: 512-472-8021 Fax: 512-320-5638 Email: gseaquist@bickerstaff.com Gunnar Seaquist focuses his practice in the areas of public law, litigation, and employment. Before joining the Firm, he practiced for over five years in both the General Litigation and Tax divisions of the Texas Office of the Attorney General. He has extensive experience in litigation, having tried cases to both judges and juries while at the Attorney General's office. His experience extends to employment litigation involving Title VII, the Americans with Disabilities Act, the Age Discrimination and Employment Act, the Fair Labor Standards Act, the Family Medical Leave Act, and the Whistleblower Act, as well as the Texas Commission on Human Rights. In addition, he has defended governmental entities in civil rights actions, constitutional claims, and in challenges to constitutionality and validity of legislative enactments. Gunnar has also counseled Texas cities on voting -related charter amendments, led the redistricting efforts for cities, counties, public school districts, and community college districts, and he regularly assists the Firm's senior redistricting team with voting rights and litigation issues as noted in the examples below: Assisted Bob Heath in defending the City of Grand Prairie in a redistricting challenge under the U.S. Constitution and Section 2 of the Voting Rights Act; drafting of an amicus curie brief on behalf of Harris County in the Evenwe( v. Abbott U.S. Supreme Court Case; and defending the City of Pasadena in a redistricting challenge under the U.S. Constitution and Section 2 of the Voting Rights Act. Assisted in the redistricting of Beaumont ISD, with a specific focus on ensuring compliance with federal voting rights laws, and analyzing and preventing litigation risks. Led the Firm's efforts in a mid -decade redistricting project for the City of Mesquite. And the Town of Little Elm. Practice Areas Voting Rights and Redistricting Elections Civil Litigation Cities Employment State and Local Tax Law Annexation & Land Use Insurance Defense General Administrative Corporate Higher Education Schools Special Districts Education Baylor University School of Law (J.D., 2006) University of Miami, (B.B.A. with Honors, 2002) Admissions Supreme Court of Texas U.S. Fifth Circuit Court of Appeals U.S. District Court for the Northern, Southern, Eastern and Western Districts of Texas 3711 S. MoPac Expressway, Building One, Suite 300, Austin, TX 78746 1 Phone: 512-472-8021 1 Fax: 512-320-5638 1 www.bickerstaff.com Austin El Paso Houston McAllen Bickerstaff Gunnar P. Seaquist 512-472-8021 Heath Delgado Acosta LLP gseaquist@bickerstaff.com Served as Lead Counsel in the successful defense of voting rights and constitutional against Waller County, Texas. Johnson v. Waller County, NO. 4:18-CV-03985, 2022 WL 873325 (S.D. Tex. March 24, 2022). Led the current -cycle redistricting for the cities of Mesquite, McKinney, Killeen, Temple, Taylor, and Port Arthur, among others. Career Highlights Former Assistant Attorney General, General Litigation Division, Office of the Attorney General of Texas (2011-2014) Former Assistant Attorney General, Taxation Division, Office of the Attorney General of Texas (2008-2010) Organizations & Involvement Austin Bar Association State Bar of Texas, Litigation Section; Governmental Section West Austin Neighborhood Association, Board Member Presentations Lessons Learned from Pasadena: A Voting Rights Update, Presented to the Texas City Attorneys Association, 2017 Selected Appellate Opinions Assignees of Best Buy v. Combs, 395 S.W. 3d 847 (Tex.App.—Austin 2013, pet. filed). University of Texas El Paso v. Ochoo, 410 S.W.3d 327 (Tex.App—El Paso, 2013, pet. filed.). Critical Heath Connection, Inc. v. Texas Workforce Commission, 338 S.W.3d 758 (Tex.App.—Austin 2011, no pet.). Energy Educ. of Montana v. Tex. Comptroller of Pub. Accounts, no. 03-10-644-CV, 2013 Tex. App. Lexis 5047 (Tex. App—Austin, Apr. 25, 2013, pet. denied.) 3711 S. MoPac Expressway, Building One, Suite 300, Austin, TX 78746 1 Phone: 512-472-8021 1 Fax: 512-320-5638 1 www.bickerstaff.com Austin El Paso Houston McAllen 2 rkBickerstaff Heath Delgado Acosta LLP Sherry McCall SENIOR GIS SPECIALIST* 3711 S. MoPac Expressway, Building One, Suite 300 Austin, Texas 78746 Professional Overview Phone: 512-472-8021 Fax: 512-320-5638 Email: smccall@bickerstaff.com Sherry McCall is the firm's senior redistricting and GIS specialist. Prior to joining BHDA in 1997, Sherry worked as a GIS and Research specialist at the Texas Education Agency. Working with BHDA attorneys and staff, Sherry develops specific client districting plans to assist attorneys in analyzing population, citizenship, projections, voter registration, and Spanish Surname data. In cases involving litigation, she reviews relevant historical elections, develops exhibits, and has extensive experience working with experts. She routinely works with local governments on issues such as annexations, water/wastewater management, precinct realignments, and election preparation. She works closely with staff from the TCEQ, Secretary of State, Texas Legislative Council, Texas Education Agency, U.S. Census Bureau, and the U.S. Department of Justice. Areas of Emphasis Redistricting/Elections: Ms. McCall is responsible for redistricting functions, including operation of mapping in conjunction with Census Bureau data/TIGER Line files to create districting plans that comply with federal statute. She analyzes population data and works on chart formation and development of exhibits. She obtains, reviews, prepares and geocodes voter registration data. She routinely uses Census Bureau datasets for analyzing population and demographics. She frequently acquires data from local, state, and federal governments to use in review of redistricting plans. She serves as a liaison with the Secretary of State's Elections Division regarding Spanish Surname reporting and voter registration data. Water Law: Ms. McCall's responsibilities include obtaining electronic mapping data from local, state, and federal government Areas of Emphasis Redistricting/Elections Education University of North Texas, B.A., Biology (1991) www.bickerstaff.com Austin El Paso Houston McAllen L161 Bickerstaff Sherry McCall I SENIORGIS SPECIALIST Phone: 512-472-8021 NA Heath Delgado Acosta LLP Email: smccall@bickerstaff.com entities as well as submitting data to state and federal agencies. She prepares CCN maps using various base map data and coordinates date and state data to complete all maps required for the submission of an application to TCEQ. She serves as a liaison with TCEQ's Utilities Mapping Division to resolve any issues regarding CCN applications. Real Estate Law: Ms. McCall prepares maps using county appraisal data, including review of sites for development. She correlates mapping data from various entities. She reviews appraisal district data files and mapping data to analyze growth areas. She prepares cost analysis of easement acquisitions for real estate transactions. Public Finance: Ms. McCall prepares bond transcripts for clients to obtain bond insurance. School Law: Ms. McCall prepares minor boundary adjustments. She utilizes data from the Texas Education Agency's PEIMs Database. She reviews attendance zone boundaries and campus location planning. Key Experience Over 25 years of experience working with ESRI mapping software and products, including extensive work with database files and geodatabases. Experience and appropriate use of all state and federal mapping data products, to include appraisal district tax data, election precinct and legislative boundary data, aerial photography (DOQs & NAIP), TXDOT Urban files, StratMap, CCN, and DRGs. Experience using all education data from the Texas Education Agency's PEIMS system. Experience using USGS maps as base maps for delineating service area requests. Experience creating and maintaining databases in Access to facilitate the development of attribute tables associated with electronic mapping data. Experience preparing voter registration and turnout databases used for analysis of elections. Experience developing presentations, timelines, flow charts, and publications detailing complex legal matters. Experience and demonstrated proficiency in all Microsoft applications, ESRI mapping applications, redistricting applications, Adobe applications, and software facilitating conversions, communications and research. SAS computer programming and SQL programming experience. *Not licensed to practice law. www.bickerstaff.com Austin El Paso Houston McAllen 2 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 23, 2023 Requested By: Teresa Evans, Director Department: Planning & Development Report Resolution Ordinance Exhibits: Ordinance 2022-3891; Deed: Area Map; Abandonment Map; Appraisal Summary; Application Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: Yes • No SUMMARY & RECOMMENDATION The City of La Porte Planning & Development Department received an application from Henry Farhat of Vanezia Properties, LLC, to vacate, abandon and close the eastern thirty (30) feet of the North 18th Street right-of-way situated between the North E Street right- of-way and the southernmost line of the Madison Street right-of-way, located in Blocks 642 and 643, Town of La Porte, and containing 14,399 sq. ft. of total land area. The abandonment process requires that all adjacent property owners either participate in the closure or sign away rights to their portion of the proposed closure. Southern Pacific Railroad Company, the only other adjacent property owner, decided not to participate in the closure request and did not authorize conveyance of their portion of the described North 18th Street right-of-way. Due to Southern Pacific Railroads lack of participation, the applicant Is only requesting the closure of the eastern half (30 feet) of the sixty (60) foot right-of-way. The total area of the requested closure is 14,399 square feet. The area to be closed and abandoned will be incorporated into the existing development to the east. Staff have determined that there are no City or franchised utilities existing within the right- of-way. Comcast, AT&T, and CenterPoint, the three (3) franchise utility companies, have all provided letters of no objection to the proposed right-of-way closure. In accordance with Sections 62-32 of the City's Code of Ordinances, the City obtained an appraisal of the subject right-of-way to establish fair market value. The appraisal report established a value of $2.00 per square foot. The applicant has submitted closing fees in the amount of $28,798 (14,399 sq. ft. x $2.00) to the city. These funds are being held in escrow subject to final consideration and action by City Council. The Planning and Zoning Commission considered this request at their October 13, 2022, regular meeting. At that meeting, the Commission voted 7-0 to recommend approval of the requested closure. The right-of-way study, conducted in 2022 by Cobb- Fendley, does not list this right-of-way as one that should remain open. The Planning and Zoning Commission recommends that City Council approve street and alley closure request #22-25000002, vacating, abandoning, and closing the eastern thirty (30) feet of the North 181" Street right-of-way situated between the North E Street right-of-way and the southernmost line of the Madison Street right-of-way, located in Blocks 642 and 643, Town of La Porte. ACTION REQUIRED BY CITY COUNCIL Adopt Ordinance 2022-3891 for street and alley closure request #22-25000002, vacating, abandoning, and closing the eastern thirty (30) feet of the North 18tn Street right-of-way situated between the North E Street right-of-way and the southernmost line of the Madison Street right-of-way, located in Blocks 642 and 643, Town of La Porte, and authorizing the execution and delivery of a deed to the adjoining landowner. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date ORDINANCE NO.2022-3891 AN ORDINANCE VACATING, ABANDONING AND CLOSING THE EASTERN THIRTY (30) FEET OF THE NORTH 18TH STREET RIGHT-OF-WAY, SITUATED BETWEEN THE NORTH E STREET RIGHT-OF-WAY AND THE SOUTHERNMOST LINE OF THE MADISON STREET RIGHT-OF-WAY, LOCATED IN BLOCKS 642 AND 643, TOWN OF LA PORTE, AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNER; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; CONTAINING A SEVERABILITY CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by the record owner of the property abutting the eastern thirty (30) feet of the North 18th Street right-of-way situated between the North E Street right-of-way and the southernmost line of the Madison Street right-of- way, located in Blocks 642 and 643, Town of La Porte, and containing 14,399 square feet, to vacate, abandon and close said right -of way, and; WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine, and declare that the eastern thirty (30) feet of North 18th Street right-of-way situated between the North E Street right-of-way and the southernmost line of the Madison Street right-of- way, located in Blocks 642 and 643, Town of La Porte, and containing 14,399 square feet, is not suitable, needed, or beneficial to the public as a public road, street, or alley, and the closing of the eastern thirty (30) feet of the North 18th Street right-of-way situated between the North E Street right-of-way and the southernmost line of the Madison Street right-of-way, located in Blocks 642 and 643, Town of La Porte, and containing 14,399 square feet, is for the protection of the public and for the public interest and benefit, and that the eastern thirty (30) feet of the North 18th Street right-of-way situated between the North E Street right-of-way and the southernmost line of the Madison Street right-of-way, located in Blocks 642 and 643, Town of La Porte, should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Under and by virtue of the power granted to the City of La Porte under its home rule charter, Chapter 62 of the City of La Porte Code of Ordinances and Chapter 253, Texas Local Government Code, the eastern thirty (30) feet of the North 18th Street right-of- way situated between the North E Street right-of-way and the southernmost line of the Madison Street right-of-way, located in Blocks 642 and 643, Town of La Porte, and containing 14,399 square feet, is hereby permanently vacated, abandoned, and closed by the City of La Porte, such right-of-way being generally illustrated on Exhibit "A" incorporated herein, and further described to wit: BEING A TRACT OF LAND CONTAINING 0.3306 ACRES (14,399 SQUARE FEET), SITUATED IN THE J. HUNTER SURVEY, ABSTRACT 35, HARRIS COUNTY, TEXAS, BEING PART OF 18TH STREET (60.00 FEET WIDE) AND PART OF MADISON STREET (80.00 FEET WIDE) OF THE TOWN OF LA PORTE SUBDIVISION, A SUBDIVISION RECORDED IN VOLUME 58, PAGE 460 OF THE MAP RECORDS OF HARRIS COUNTY, TEXAS. SAID 0.3306-ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: 2 BEGINNING at a found 1/2-inch iron rod in the south right-of-way line of North E Street (60.00 feet wide) and in the east right-of-way line of 18th Street (60.00 feet wide) for the northwest comer of Block 643; THENCE, South 03°03'23" East, a distance of 480.00 feet to a found 1/2-inch iron rod for the southeast comer of the said tract herein described; THENCE, South 86°56'37" West, a distance of 30.00 feet to a point for the southwest comer of the said tract herein described; THENCE, North 03°03 '23" West, a distance of 480.00 feet to the northwest comer of the said tract herein described; THENCE, North 86°56'37" East, a distance of 30.00 feet to the POINT OF BEGINNING and containing 0.3306 acres (14,399 square feet), more or less. Section 2. That the abandonment, vacation and closure provided for herein is made and accepted subject to all present zoning and deed restrictions if the latter exist, and all easements, whether apparent or non -apparent, aerial, surface or underground. Section 3. That the abandonment, vacation and closure provided for herein shall extend only to the public right, title, easement and interest and shall be construed to extend only to that interest which the governing body for the City of La Porte may legally and lawfully abandon, vacate and close. Section 4. That the City Manager is hereby authorized to execute and deliver a Deed Without Warranty to the abutting owner upon completion of all conditions and requirements set forth in this Ordinance. Section 5. That the abutting property owner shall pay all costs associated with procedures necessitated by the request to abandon the eastern thirty (30) feet of the North 18th Street right-of-way situated between the North E Street right-of-way and the southernmost line of the Madison Street right-of-way, located in Blocks 642 and 643, Town of La Porte, and containing 14,399 square feet, as described in this Ordinance, plus compensation for the market value of such abandoned property in accordance Chapter 62 of the City of La Porte Code of Ordinances. Section 6. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place, and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered, and formally acted upon. The City Council further ratifies, approves, and confirms such written notice and the contents and posting thereof. 3 Section 7: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 8. If any part or portion of this ordinance shall be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair any remaining portions or provisions of the ordinance. Section 9. This ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED THIS 23,d day of JANUARY 2023. ATTEST: CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor APPROVED AS TO FORM: Lee Woodward, City Secretary Clark Askins, Assistant City Attorney DEED WITHOUT WARRANTY NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date: January 2023 Grantor: CITY OF LA PORTE, TEXAS, a municipal corporation Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571 Grantee: HENRY FARHAT dba VANEZIA PROPERTIES, LLC Mailing Address: 501 N. 16th St. LaPorte, TX 77571 Consideration: Ten and No/100 Dollars ($10.00) cash and other good and valuable considerations Property: (including any improvements): Being the eastern thirty (30) feet of the North 181h Street right-of-way situated between the North E Street right-of-way and the southernmost line of the Madison Street right-of-way, located in Blocks 642 and 643, Town of La Porte, and containing a total of 14,399 square feet, and be more fully described as follows: BEING A TRACT OF LAND CONTAINING 0.3306 ACRES (14,399 SQUARE FEET), SITUATED IN THE J. HUNTER SURVEY, ABSTRACT 35, HARRIS COUNTY, TEXAS, BEING PART OF 18TH STREET (60.00 FEET WIDE) AND PART OF MADISON STREET (80.00 FEET WIDE) OF THE TOWN OF LA PORTE SUBDIVISION, A SUBDIVISION RECORDED IN VOLUME 58, PAGE 460 OF THE MAP RECORDS OF HARRIS COUNTY, TEXAS. SAID 0.3306-ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a found 1/2-inch iron rod in the south right-of-way line of North E Street (60.00 feet wide) and in the east right-of-way line of 18th Street (60.00 feet wide) for the northwest comer of Block 643; THENCE, South 03°03'23" East, a distance of 480.00 feet to a found 1/2-inch iron rod for the southeast comer of the said tract herein described; THENCE, South 86°56'37" West, a distance of 30.00 feet to a point for the southwest comer of the said tract herein described; THENCE, North 03°03 '23" West, a distance of 480.00 feet to the northwest comer of the said tract herein described; THENCE, North 86°56'37" East, a distance of 30.00 feet to the POINT OF BEGINNING and containing 0.3306 acres (14,399 square feet), more or less. Reservations from and Exception to Conveyance and Warranty: This conveyance is made subject to all and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and covenants, if any, applicable to and enforceable against the above described property as reflected by the records of the county clerk of the aforesaid county. Grantor for the consideration and subject to the reservations from and exceptions to conveyance, conveys to Grantee the property without express or implied warranty, and all warranties that might arise by common law and the warranties in §5.023 of the Texas Property Code (or its successor) are excluded. Attest: Lee Woodward City Secretary Approved as to form: Clark T. Askins Assistant City Attorney City of LaPorte, Texas Corby D. Alexander City Manager STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on the day of January 2023 by Corby D. Alexander, City Manager of the City of La Porte, Texas, a municipal corporation. AFTER RECORDING RETURN TO: ASKINS & ASKINS, P.C. P.O. Box 1218 LaPorte, TX 77572-1218 Notary Public, State of Texas PREPARED IN THE LAW OFFICE OF: ASKINS & ASKINS, P.C. P.O. Box 1218 LaPorte, TX 77572-1218 ■ ILI• EXHIBIT A ' .* ' i •y,� ROW Closure e SAC ` #22-25000002 -- N. 18th St. Legend Proposed ROW Closure U M THxA9 This product is for informational D D 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 �l approximate relative location of property boundaries 1 inch = 121 feet) M JANUARY 2023 PLANNING DEPARTMENT 1 -7 9 � ' ROW Closure sac M #22-25000002 Y y N. 18th St. J Le end ES Proposed ROW Closure ® Abandoned ROW ,L � L j 0A^ V I- 6 `� m This product is for informational _ T purposes and may not have S been prepared for or be suitable '9 for legal purposes. It does not represent an on -the -ground 1� survey and represents only the t approximate relative location of property boundaries 1 -.. >M 1 inch = 151 feet) 01 - - - - JULY 2022 PLANNING DEPARTMENT R.C. Chuoke & Associates, Inc. Appraisers & Consultants P.O. Box 1447 Office- 281-338-9633 League City, Texas 77574 Fax- 281-338-9533 October 4, 2021 City of La Porte P.O. Box 1115 La Porte, Texas 77572 Dear Sirs: In accordance with your request, I have inspected the following described property for the purpose of estimating the Market Value following described property as of the date of this analysis. As per our agreement, the data and analysis is presented in an abbreviated Restricted Appraisal format and is not intended to contain the full analysis. BRIEF LEGAL DESCRIPTION OF PROPERTY Known as +-16,00o square feet of land out of the North 18th Street ROW which is an unopened street right of way situated between West Madison Street and West Tyler Street, La Porte, Harris County, Texas. I hereby certify that I have personally inspected the property described from the public street and that all data gathered by my investigation is from sources believed reliable and true. In preparing this Restricted Appraisal, a study of comparable sales and other related market data was performed. Per instructions from the client this market value indication does not reflect any discounting for use as a public right of way. It should clearly be understood that this letter only constitutes only a statement of the final value and that does not presume to be the complete analysis of the subject property nor a complete appraisal format and is subject to the preparation of a detailed/self contained appraisal report. The subject property is a portion of unopened North 18th Street Right of Way is described by the survey as a total of +-0.3673 acres or 16,00o square feet of land area. This right of way to be abandoned is 40 feet X 400 feet. This right of way is located situated between West Madison Street and West Tyler Street in central eastern La Porte. The topography of the subject site is generally flat and level in terms of topography. It is not located in the too year flood plain. Adjacent property uses consist primarily of light industrial property uses. The adjacent and nearby properties on appear to be zoned for light industrial use by the City of La Porte. ... Page 3.... The Highest and Best Use of the subject property is determined to be for use either for a street right of way, however it may have an alternative use by adjacent property owners (assemblage) due to its configuration. The client and intended user of this appraisal is the City of La Porte only. The intended use is to estimate the current market value of the subject property of this analysis as described above for use in establishing a market value for the subject property by the client. There has been no transfer of the subject property noted for the past 36 months per appraisal district records. The effective date of the appraisal is September 20, 2021 and last site inspection is September 20, 2021. The date of the report is October 4, 2021. The estimated exposure time is up to 24 months. Other sales of generally similar properties in the subject neighborhood were researched that had locations that range from primary to secondary type roadways. A unit value range of between $0.95 PSF to over $4.00 PSF was noted. After adjustments, it is my opinion the estimated unit value range for the subject property would be a unit value of $2.00 PSF. Therefore the unit market value of the subject tract is estimated at $2.00 PSF or a total of $38,000, which is based on i00% fee simple ownership with no discounting applied for use as a public right of way. Respectfully Submitted, Chris Chuoke, President R.C. CHUOKE & ASSOCIATES, INC. C1ty of La Porte Street and Alley Closing Application l (Name of Applicant), the undersigned owner of (Legal Daseripdon of Applicant's Property), LotS 1 thru 32 and TR A (abando WM —j— the above described real property located within the City of La Porte, Texas, hereby request and make application under the terms of Chapter 62, Article 11, Vacating, Abandoning and Closing Streets and Alloys, Section 62-3 1, et seq„ Code of Ordinances of the City of La Porte for Vacating, Abandoning and Closing the following Streets and/or Alleys: rr,dntion ofStreedAllev to be t'acated, Abandoned and Closed Strect(s) 18tf1 S ' Total Square Footage of Sheet/Alley io be Vacated, Abandoned & Closed: Approx. Slf Reason for Closing Reguest The following documentation must be submitted with the completed Slreet/Allev Closing Application: 1. A statement by the applicant of the reason for the request (Provide statement in space above). a A statement waiving any personal claims for damages against the City and further agreeing to save and hold harmless the City from any other claims that may arise against the City in vacah'ng, abandoning and closing any street or alley or portion thereof (Exhibit "A"). 3_ A plot plan, showing the street or alley sought to be vacated, abandoned and closed, or portion thereof by a licensed Texas public surveyor, draxm to a scale of not less than one inch equals fifty (50) feet. The City Engineer, or his designee, may waive this requirement where, in his sole determination, a recorded plat contains sufficient evidence to determine legal description and area of property sought to be vacated, abandoned and closed. 4. Proof of Ownership (Evidenced by the following documentation): • An opinion letter by a duly licensed Texas attorney that the applicant has good fee simple title to the property adjacent and contiguous to the street or alley, or portion thereof, sought to be closed. • Original or photocopy of the recorded instrument vesting fee simple title of adjacent property to applicant. • Original or photocopy of the owner's title policy issued by a title insurance company doing business in Harris County, Texas, guaranteeing the title to the applicant's adjacent property. S. A statement by the applicant that the application shall be considered withdrawn if all required actions under Sec. 62 Article 11 of the City of La Porte Codes of Ordinances has not been completed within six months from date of written notification by city to applicant, that the application is administratively complete. 6. Written consent of all other persons owning any property adjacent to such street or alley with a waiver of claims ffor damages (Exhibit "B") and proof of ownership as hereinabove described. 7. A ,S750.00 cashier's check payable to the City in payment of application fee and independent appraisal of streets) and/or alleys) to be closed. 8. Letter of No Objection to proposed Street/Alley Closingft'otn each of the City's Franchised Utility Companies; Centerpoini Energy, AT&T. and Comcast (contact information for these companies is included in this application).. Name ofAppticanr 's Signature no Dofeof Submittal ' Applicant's Phone Number 69 W cn m n+, `'.vI IJ1 1 tnl i� I �tPN9Z41 IN t1� IN I oov I STREET (CLOSED) 00 N r maayy e�gggg zz '� I LDDO'L90'Z�D"4ZU rr rW Nt t�l I f't MJI t poI I rl 1 I 4 1 i j I l l I l Y 1 l l l l 1 1 V j of I l s l IN n,INI tWIW I I I I N, ININV INIwI IWI j ICI ol�'I I4n� �ohTtn' J``_"�I_I° t�l 1olc�k_I�'t �� g 4.. t 1 1.+ 1 11 L- t t-1a c3.� t•ES, 4.-1 i JVJ L L1�1Y1 sN�l IJINI-i��l i! I I� 1 IN Ira I tW IAN 1 IN I IN IN 4 SW Iw J��i� E aoar I STREET (CLOSED) l r rT �rrr rT�TT E i rirT`�T o,� P I �I t I I I orP,+j a 4, r<, r LTt wl I pI I I l t l l i t l I I Y I I I h j 1 1 4 1 1 1 1 N fi�a�1 zod�f��ZQ I I t �I I_4--I I I I I I I I I I IaNI_,�'L 1 1 l� M I I`'' I _Crl_f'° L � f`r>—�'r,rf P�iF'1 NY �1w�f"P�i rli y ni 1 ,Jt �1 r}uI 4 MiTI 1 1 I 1 1 1 1 1 4 1 l h l l I � I l t l l l t I I lol .1 I I I I� 1 ,'I� AU 4 hN I I iN iN IN I IW I f t I IN IN t ' 1 -197HSTREET •". i ` � 1 �_ ' 1 I IiLV N � �i A; W;.NI.• � ml rn; Aw gg _; '..-;... ;C 'PA �I�I oT •ju''IP' �Y. QI; V'; A;w1 N; ,�j�jyyy (��f 1{%��{. I , ' ` O , I t 1 'N: w: Wow ' �-� , _ ' 1._,e'N N hY NI AiN; NI NIpNp;b lC l'-.•;N N T, JI 'N`N: NO Y3IW r.•, i�i 'nl ,� , N;4_J 'w I �� QIu��;'�;�1 61 rn 1 1 t 1 I 1 I ' r-TT- �l ICI t 4 1 1 4 1 1 1 1 1 1 4 1 1 1 1 l I I V ly�l^,I 11 1 l 1 1 1 1 V l 1—rrT-T�� , t�I h71 I Wl V"I ptl I I pl I I l t l l t l IQ; I I l l l l l 4 I I-•t ININV I I INt IN ININI I'-"'Iwl RTH 18TH STREET Ca ! i N N i m [Nil 1 ' � e N Ila W IW 'W �� `N N IN �l.N1 A lNit kT !J 30 ,, O 10 ;N n a yt p I i ; 1 H 17TH STREET (CLOSED) U IA �W'N 1•';O ,fie ' I I ! � t � 'tad 1 izz , Z. e Qi 74 w p;Qp ,b :O : ; IP IM mn I 6254C6 u 0 .' A I 0 = � W � t � m �sr. 3 m �R co 4�p '� � n K.� m m� 6 m O'�mve --Q 3 nam lz > O ai 4 I// , 7br 'mm Qm ' _ 3 P 2 A 0)me 't 1iI rn l p� i 70 m", -1. m ®m' ' o w' o V m John Hertzier^lShertz]er8DUp.cVrO> Wed 1/16/20227.41 AM To: Argus Motors <argusmotors@hotrnaiI.com> Thanks for following up. We have reviewed and are not interested in purchasing half of 18thStreet. VVewould prefer not to sign the Oty'sfunn that you had provided, but please feel free to use this message to confirm that we do not object to your proceeding with the acquisition of the 18th Street property. Please let me know if you have any questions. John Hertzler Sr. Manager - Real Estate ~�a�~ 402-544'85581jad�ertz1eO@ _up.com| www.up.com/real estate 1400DOUGLAGOTISTOP 1O90|OMAHANE0817Q From: ArgusMotors <arguxmotoo@hotmaiicom> Sent: Wednesday, January Z6,Z0321Z:55AM To: John Hertzier^juhertz|er@up.uonn> Subject: Re: LaPorte City Street * PROCEED WITH CAUTION - This email was sent from outside the Company * Good morning, John please | check with you ifthere any update from your office thanks henry � ��Q�rvlm'��S �� 501 N.}v Street LaPorte, TX7757l Phoue:20|-470-8@88 Fax: 281-470-8889 CONFIDENTIALITY NOTICE: This e-mail and any attachments are confidential and also may be privileged. |fyou are not the named recipient, or have otherwise received this communication in error, please delete it from your inbox, oopo:Houoovm*e.comhnaimDAQmxuD/wvxTZizmYAZCO5wzs2crs3v2|tmoACLTAwCgAuAAxDD853KB12SEySRYVGY62BSHkuUgEAft3ZNBGN3ked... 18 CITY OF LA PORTE PLANNING DEPARTMENT z, 604 W. Fairmont Parkway, La Porte, TX 77571 3 www.laportetx.gov Phone: (281) 471-5020/ Fax (281) 470-5005 Te XA$ SIX-MONTH WITHDRAWAL STATEMENT l fit��(V ,./ L1 � (Applicant sprinted name) understand that the Street and Alley Closing Application will be considered withdrawn if all required actions under Sec. 62 Article II of the City of La Porte Codes of Ordinances has not been completed within six months from date of written notification by city to applicant, that the application is administratively complete. (Applicant Signature) (Date) U December 16, 2021 Henry Farhart Vanezia Properties, LLC 501 N. 161h St. LaPorte, TX 77571 Re: "No Objection" to ROW Abandonment— North 181h Street - LaPorte, TX Mr. FarhaM Southwestern Bell Telephone Company offers "No Objection" to the abandonment of the 60' ROW of North 181h Street from Madison Street north to North E Street, located adjacent to Block 642 and Block 643, LaPorte Texas, a subdivision in Harris County, Texas according to the map or plat thereof recorded in Volume 58, Page 460 of the Deed Records of Harris County, Texas and described in your acceptance letter dated December 3, 2021. If you have any questions, please contact me by email at sm8285Aatt.com Sincerely, Sonya Merrill Manager -Engineering Right -of -Way North 18th Street LP-018-21-M CenterPoint Energy PA Box 1700 Houston, TX 77251-1700 November 19, 2021 Henry Farhat 501 N. 16 th Street LaPorte, Texas 77571 Re: Street closure a portion of 18th street to be closed RNV File # 167556 Dear Mr. Farhat: The City of LaPorte has been asked to close and abandon a portion of 181h street, being a 60-foot right of way between Madison Street north to North E. Street. CenterPoint Energy Houston Electric, LLC, CenterPoint Energy Resources Corporation, d1bla CenterPoint Energy Texas Gas Operations and CenterPoint Energy Intrastate Pipelines, Inc., herein collectively called "CenterPoint Energy", has investigated the request and determined that it has no facilities located within the area to be abandoned, as depicted on Exhibit "A", hereto attached and made a part hereof. Therefore, CenterPoint Energy will interpose no objection to the request as filed. This letter of concurrence shall become null and void in the event two (2) years has transpired from the above date and this street closure has not been completed. CenterPoint Energy'respectfully requests that the City of LaPorte forward a copy of the final abandonment ordinance to CenterPoint Energy in order to complete our files and to update our map records. Yours truly, CenterPoint Energy Samantha Richards, SR/WA Sr. Right of Way Adent Surveying & Right of Way 713-207-6362 UN.2/28J07 STREET/ALLEY CLOSURE APPLICATION FORM SURVEYING & RIGHT OF WAY CENTERPOINT ENERGY, P. O. BOX 1700, HOUSTON, TEXAS 77251 TELEPHONE (713) 207-LROW(5769); FACSIMILE (713) 207-9040 COURIER ADDRESS: 1301 TRAVIS, 11TH FLOOR 77002 ATTENTION: SURVEYING & RIGHT OF WAY DIVISION STREET ADDRESS FOR THE PROPERTY: l� 4\`V q Name: Address (Print or Type Only) \1 % (\t_-Li " 0 IIsI1Z Date of Application e vv LL c '7 / 1— 9-IS— 8 V 9 State Phone Number *� ��'l ) LOCAL GOVERNMENTAL ENTITY (City or County that Requestor is asking to close the street or alley) Governmental Entity Name "Zip Governmental Official/Phone Number Address City State Zip Code THE FOLLOWING INFORMATION MUST BE INCLUDED WITH THIS APPLICATION: 1. Four (4) copies of a property survey or drawing, a maximum of 8.5" X 14", of legible and clear detail, indicating all dimensions of the portion of the street(s)/alley(s) to be abandoned, including the legal description and a north arrow, as well as the ownership information of all landowners adjacent to the street/alley to be abandoned. 2. If CenterPoint Energy facilities are located within the street or alley, please check here and advise CenterPoint Energy if the facilities serve only your property and if so, will this service be removed or not. 3. Copies of any and all motions, letters, or drawings provided by the local governmental entity involved. 4. A non-refundable processing fee of $500.00 made payable by check to CenterPoint Energy must accompany this application before it can be processed. If this request is approved, a letter will be issued by CenterPoint Energy, addressed to the appropriate government office, providing the Company's approval to the closure request. This letter will be forwarded to the requester unless CenterPoint Energy is requested otherwise. If CenterPoint Energy's facilities must remain in a strect/alley to be closed, new easements, as prepared by CenterPoint Energy must be granted by each adjacent landowner who will assume title to any portion of the street/alley before an approval letter will be issued. In addition to the processing fee, if electrical facilities are located within the area to be abandoned, the cost for CenterPoint Energy to prepare these easement documents will be passed along to the requestor of this service. CenterPoint Energy requires a time period of approximately 5-6 weeks for review and document preparation. In the event electrical facilities must be relocated or removed, or new easements granted because of this request, a longer time period may be required. Should the relocation of CenterPoint Energy's facilities be necessitated by said request, the cost of such relocation(s) will be borne by a party or parties other than CenterPoint Energy and must be paid before approval is granted. Also, the acquisition of new easements or the relocation/removal of facilities must be completed prior to CenterPoint Energy issuing any letter of approval. Please be assured that CenterPoint Energy is aware of the urgent nature of your request and will make every effort to expedite the completion of your request. I certify that the information provided is accurate and I realize that incomplete information may delay processing or invalidate this application. 7A�� Signature of Reque o 11 mcast.A. October 26, 2021 Argus Motors 501 N 166 Street La Porte, TX 77571 To Whom It May Concern: Re: Comcast "No Objection" — Abandonment of the 60-feet by 480-feet portion of North 18' Street ROW, La Porte, TX 77571 Please accept this letter as notification that Conicast of Houston LLC, herein referred to as Co.mcast has no objection to the abandonment of the 60-feet by 480-feet portion of North 181, Street ROW located between North E Street and Madison Street, LaPorte, TX, as Comeast has no facilities located within these limits. Please reference attached pictorial reference Exhibit "A" of the abandonment area. Please feel free to contact me at 713-637-502.5 with any questions that you may have. Sincerely, Chris Grey Construction Supervisor, Design and Planning 8500 W Tidwell. Houston. TX 77040 Abstract Services of Houston a division of 7500 SAN FELIPE, SUITE 1020 HOUSTON, TEXAS 77063 TITLE 1--10L1s"r(')N I-101DINGS 713.568.4313 (OFFICE) 713.231.5028 (FAX) TITLE REPORT GF Number: 7910-21-6075 Date: December 29, 2021 Title Houston Holdings has examined the real property records, the state district court, and the county court records for the county in which the real property is located. The time period examined extended to December 20, 2021. If you desire different or additional examination, please contact us immediately. Title Vested In: VANEZIA PROPERTIES, LLC By virtue of Warranty Deed dated February 28, 2018, recorded inClerws File No. RP-2018-89016. JAMES N. WALLACE, TRUSTEE By virtue of Warranty Deed dated May 18, 1984, recorded in Clerk's File No. J536324. Note: The subsequent deed in the chain of title, Clerk's File No. 20070706636, lists Patrick Robson, Trustee, as the Grantor. We find no document conveying or transferring the interest of James N. Wallace, Trustee into Patrick Robson, Trustee. Additionally, we find no document conveying or abandoning the interest of the alley between Lots One (1) through Sixteen (16), both inclusive, in said Block Six Hundred Forty-three (643), and Lots Seventeen (17) through Thirty Two (32), both inclusive, in s I aid. Block Six Hundred Forty-three (643), into Patrick Robson, Trustee. Property Description: Tract 1: Lots One (1) through Thirty -Two (32), both inclusive, in Block Six Hundred Forty-three (643), of LAPORTE, an addition i'n'Har r is, County, Texas, according to the map or plat thereof recorded in Volume 58, Page 460 of the Deed Records of Harris County, Texas. Together with, all right, titles and interests of Grantor, now owned or hereafter acquired, in and to the alley Iodated ,between Lots One (1) through Sixteen (16), both inclusive, in said Block Six Hundred Forty-three (643), on" -the one side, and Lots Seventeen (17) through Thirty -Two (32), both inclusive, in said Block Six Hundred F6rty-three (643). Tract 2: That certain portion of the North 17th Street Right -of -Way, in the City of La Porte, Harris County, Texas, as more particularly described by metes and bounds as follows: BEGINNING at the northeast corner of Lot 32, Block 643, La Porte, said point being located on the south right-of-way line of North "E" Street (60'wide); Title Report December 29, 2021 Pagel of3 THENCE in an easterly direction, adistance oy3Ofeet along the south line of the North "E' Street Right -of - Way (60xide)b»o pointedthe centerline ofthe North 17thStreet R (60vvido)| THENCE in a southerly direction the centerline of the North 17thStreet R a distance of4OO feet to its intersection with the north line of the West Madison Street Rig (80' vxkbs' THENCE in a westerly direction, a distance of 30 feet along the north line of the West MadisonS'treet Right - of -Way (80xvidc)hoapoint sdthe southeast corner ofLot 17.Block O43.LaPorte; THENCE inonortherly direction along the east line ofLots 17through 32.Block G43,LaPorte, adistance of4OOfeet tothe POINT OFBEGINNING ofthe herein described tract. ' Subject toRestrictions aaset forth inVolume 58.Page 4GOofthe Deed Records ofHarris ' County, Texas. None ofRecord TM EXPRESS INC. None ofRecord CRENSHAW REAL PROPERTIES 0,LTD. None ofRecord , PATRICK�` �K�0 � � � . None ' of Record JAMES N.WALLACE Abstract ofJudgment dated February 20,2O12,recorded in Clerk's File No2O12OO74O65 Abstract of Judgment dated October 15.2D13.recorded inCkedk'oFile No. 2O13OG3GO18. Abstract of Judgment dated June 24.2O14.recorded inClerws File No. 20140281767. Abstract nfJudgment dated February 5.2O10.recorded |nClerk's File No. RP'2D1G-55G72. Notice ofChild Support Lien dated August 26.2O1G.recorded inC|erl(s File. No. RP-2O1G`549658. Abstract ofJudgment dated June 28.2O1H.recorded |nClerk's File No. RP-2018-2QO241. Abstract ofJudgment dated January 3O.2U2O,recorded iOClerks File No. Rp-2O2O-57118. Abstract ofJudgment dated October 8,2O2O.recorded |nClerk's File No. RF-202O'4S51G2. County Court Suit dated October 7.2O18.under Cause No. 1142GM9. Title Report December 29, 2021 Page 2 of 3 County Court Suit dated August 30, 2019, under Cause No. 1140601. County Court Suit dated May 29, 2019, under Cause No, 1134477. NOTICE: Title Houston Holdings (the "Company") has provided this report or certificate to you under the terms set forth below. By accepting this report or certificate, you agree to these terms and you agree that the Company has no liability to you, except as expressly limited herein. To the maximum extent allowed by law, the Company disclaims any and all warranties, express or implied, concerning this report or certificate and the information contained therein. Your only remedy for any mistake, misstatement, inaccuracy, error or omission made or occurring in this report or certificate, or made or occurring in its delivery or non -delivery, is expressly limited to an action or recover damages, which damages you expressly agree are limited to an amount equal to the sum actually paid for this report or certificate plus the sum of $100.00. You further agree that: the Company is not liable for consequential or special damages; the limitation of damages set forth herein is reasonable considering the amount paid, the limited services requested, and the intended use of this report or certificate; the Company would not provide the requested report or certificate without this limitation of damages; the limitation of damages applies to all claims, whether the claim arises under contract, tort or other law: and the Company has no liability to any third person arising from or related to this report or certificate. This report or certificate is not a title insurance policy or title opinion and is not a guaranty or warranty of title. In its role as a title insurance agent, the Company sells policies of title insurance. If you desire protection against title defects, you should purchase a title insurance policy. Liability will then exist only under the terms of the policy will be measured and limited by the policy, and the liability will be that of the title insurance company named in the policy. No representative of the Company has the authority to make any oral statements correcting, contradicting, revising, amending or supplementing this report or certificate, including the terms of this notice. When preparing this report or certificate, the Company used only the information contained in the public records specifically identified above. (If none is identified, the Company used only the Real Property Records of the county in which the property is located.) Documents not recorded and events and other matters not reflected in the public records may affect ownership and title but will not be reflected on this report or certificate. No inspection has been made of the property. Matters that may be shown by an inspection or on a survey may also affect ownership and title but will not be reflected on this report or certificate. The Company may identify a document listed above by a term commonly used to describe similar documents. By way of illustration, a document titled "Restrictive Covenants" may be referred to as "Deed Restrictions" or as "Covenants, Conditions and Restrictions." The Company may also identify a document using its actual title. The Company, however, makes no warranty or representation that the term, title or other name used to describe the document accurately reflects the legal effect of the document. For example, a document titled "Restrictive Covenants" may also establish a lien, an easement, or some other interest. In order to determine the effect of a document, the document must be carefully reviewed. The Company does not provide legal advice concerning the effect or significance of documents shown on this report or certificate. If you have a question as to the effect or significance of a document, you should obtain the assistance of a qualified professional. Title Houston Holdings Atka Katie Greene Title Examiner Title Report December 29, 2021 Page 3 of 3 EXHIBIT "A" 'A0 s3. i [Ci (.F o LU 0 yy a o o .3'c Bj i ra d iVP. bt 'r3 tl _ Ai t �' A'�r. IS H'3. S? Yi t) f t 't• CA CL T N a c .I'A o gi:; 1 i ccoLL a- --jr ti r, --- - ,ter' ..t t £ = t t 7 t t i i yt f '� ..J "i 3`•f Ct5 t �A "�"t i-R v"1 1 £ 162 Y � t g `'Dt L` � � �'°.-t` °�^ ......w•' . t J �i %i M � Atit} �t ,, g[yt ^q;Cty 271 =" tt'll M °t� N rl.Nt cV�'ciQlt t 1 'mot C3,. A ' ' _ t «, t ` "� !* F'`i � _ t/}7 if�siw'£1 1fy t p QtIQQ 17" NArw'btQtl W�l"IV37N'N tC=Cd llV�tVt wte-t {w (+1lit/�C14N�fV NiN i i i (� tNi a A 4 ''4 i •£ l � 11L.+ A t £ t i ib M t? 1 i £ Spltftlt[t t' i �2 t Y t t , s t o r cv,...t. t'4 � A+ts Ns cYy Ctt' _ acts n# = 4ah �+yA s/St a ; Y"1 Uq� �'i . _A ula�1� a y{j yN.. � F ff � ; A ��fre ; t Mary4�•ct���,A, �A ; t F = t t {f} !T.H.-I Fi q4 ! e r #sstc+l�i 1 t409.61 t 5�-lot. 1 '1`t0 I t 1-1 #'� t � � U V t, t"'1 t`+ t t t t i l l i t� t�(## 1# t i 1 t 1 t t ,. ✓; a r , t �ttflt•�i�titt► E(11 1 I t E �� ����� t t id # •-t i .-I # 1 (p�(y�itt (r i *(� +t a7 ( �Cyjj l� 1 «c+l7 # .r-( S L� t } �C¢�t , v a ri :i J I _#,`"tt _I.. r1 A 1 J 1_. Lr�L J A t J E A_ 1 Y .7 �i - L -3 evt r+tt+ i v l c4 7"cc't kal`r1: I� 1« I i Art i)(}02 ; &124 W. F ittittl[11tf11t 1111i!#tlillll#Il 1 �t ���� i = 1 ri 1,41 1 t # 1 t # # I # _ti.�%. i_# 1 (03sol �F 4 y r � 2Mw� Doti t 1 I Mt9P'1 ru V4 NNNN *� cv t �vt rv� t "'"`t { � i i i i i i ,�-' i i i j i► 1 t # awr T,i t t �jtttj#E1#1tt11#� � Mon rnE `ni `"n t `','t -1 1 t�l'"i� # "1 t 1#!# #,p it •��i t i 1 j## Ong # rttl 1Itt4Ei CIE 1i111titttl�%itti tV4_ isS� ►_i`_i �_1 s1 1 j to r A 1 i 72 1,40 +'-.t.t�� UT@tAj '4 N, ,8o c ik acc"I C� co t bh_ 0 C) t� co 0 0 18, o r vd m 00 in Iz, > rA Os Un ;Z C, g 0 y 'o M — 0 u " F -5 r 10 F 19 -,z co� LL� Z C41) Im = i In EXHIBIT "A" (Applicant Field Harmless Agreement) Date:12,1121,20 *L City of La Porte Planning& Development department 604 Vest Fairmont Parkway La Porte, Texas 77571 Attn; City Planner l have filed anappUration with the City of La Porte to perma nently vacate, abandon, and close the follawingpublic right(sj-of-way within the City of La j Porte. 9�f Description of (tight-Df-Way (Street Name): i 41 + t a`i ` ' �l A Ar 19 ' Description of Alley (Blockf5ubdivision): I am the current owner of the property described below: I_ Property Address (if available) = 2. Harris County Appraisal District Tax ID No.: 3. Property Legal Description (Lot, Block, Subd* kn,n ,v This letter constitutes my written consent bo vacating, abandoning and closing of the above described public right-of-way by the City of La Porte. I hereby waive any personal claims for darnages against the City cal LaPorte and farther agree to save and hold harmless the City from any other dalms that may arose against the City in vacating, abandoning, and closing the above described public rigJtt(s)-of-way. 1 ►�-w , t v Printed Name of Applicant Applicant's Mailing Address The State of I -e- kc, s A ;Icam`s Signature I I county of � kf ,`5 Wore rite, _ a notary public, on this day personally appeared 1A ir �"� ��"€ � known to me (or proved to me on the oath of N.,-, i se- ) to be the person whose name is subscribed to the foregoing instrument and arknoveAedged to me that he executed the same for the purposes and consideration therein expressed. d d 1' Given under my hand and seal of office this day of f e j ":__f ` A.D., ARA =PUBLIC iEt7F TFt�9l08 M2t3Ai'r8 N 'ry Public Signature -V Notary Public Printed or Typed Name Commission Expiration Date REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 23rd, 2023 Requested By: Billy Stoker, General Manager Department: Bay Forest Golf Course • Report c - Resolution r Ordinance Exhibits: City of La Porte Letter of Intent to Purchase, Club Car Quote Appropriation Source of Funds: FY24 Golf General Fund Account Number: 001.6048.551.2090 Amount Budgeted: $336,103.05 Amount Requested: Budgeted Item: Yes �' No SUMMARY & RECOMMENDATION The Bay Forest Golf Course has traditionally replaced the golf car fleet every four (4) years using a low interest loan from the manufacturer. However, due to a supply chain issue, our current vendor, Yamaha, is unable to replace our fleet and cannot provide a definitive quote on cost or reasonable assurance on delivery. Due to this issue, the current golf cart fleet is beyond its four (4) year life expectancy and will be operated for an additional year. After a standard four (4) year life span and/or 25K amp hours use of the golf car, batteries and motor control unit's (MCU) begin to fail. At the conclusion of the four (4) year term warranties are voided and the expense becomes the owner's responsibility. The golf course is currently in the process of replacing batteries and MCU's on the current 2019 Yamaha fleet. Yamaha, EZ Go and Club Car models were tested in early 2022 in anticipation of the car replacement program coming due on October 1, 2022. All manufacturers have a similar product and we attempted to continue our relationship with Yamaha, but they were unable to provide the product as promised and quoted 7% interest rate on the agreement. We also only budgeted $58,250.00 for FY23 in anticipation of the traditional low interest loan and due to the higher interest rate, this agreement would have cost an additional $90,000.00 over the life of the agreement. The decision was then made to get quotes from all manufacturers for pricing and terms. We propose to budget the entire purchase amount in FY24 to avoid high interest rates. Moving forward we will create a golf car replacement fund to prefund the next purchase in FY28. After receiving bids from each manufacturer and due to Yamaha's deficiencies, Staff is recommending the purchase of the 2024 Club Car model. Club has agreed to the below: • A locked in purchase price for October 1, 2023, on 2024 model Golf Cars • All extra parts and accessories are included in the pricing. Satisfactory warranty terms. Improved customer service. Authorize the City Manager to issue a Letter of Intent to Purchase with Club Car through the Sourcewell Contract #1222220-CCR, City of La Porte's Member #116086 in the total amount of $336,103.05. ACTION REQUIRED BY CITY COUNCIL Authorize the City Manager to issue a Letter of Intent to Purchase with Club Car for 2024 Club Car Fleet to be funded in the City's FY24 Budget. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date of ` City of La Porte City Manager's Office Established 1892 The City of La Porte embraces our heritage, community values and rezn opportunities, while enhancing the quality of life for our citizens. January 23, 2023 Club Car, LLC 4125 Washington Road Evans, GA 30809 Attn: Randy Jones Re: Official Notice of Intent to Purchase 75 Tempo Electric 2024 Golf Cars per Quote 1-lYHTOIH: To Whom It May Concern: Please let this letter serve as Official Notice of Intent of the City of La Porte, Texas, to purchase 75 Tempo Electric Golf Cars per Quote 1-IYHTOIH, during the City of La Porte's 2023-2024 Fiscal Year. We understand delivery of these models may be delayed by several months due to reduced stock and therefore wish to provide this notification in advance to reserve a slot for delivery in Quarter Four of 2023. The specifications and quotes offered by Club Car, LLC. in connection with the City of La Porte's purchase must be established in coordination with your office under current Sourcewell Contract #122220-CCR. A Purchase Order will be submitted in October 2023, upon approval of the purchase by the La Porte City Council. Respectfully, Corby Alexander City Manager City of LaPorte, Texas Club Car, LLC 4125 Washington Road Evans, GA 30809 www.clubcar.com Customer Quote Bill To: BAY FOREST GOLF COURSE 201 BAY FOREST DR LA PORTE, TX 77571-6311 USA Ship To: BAY FOREST GOLF COURSE 201 BAY FOREST DR LA PORTE, TX 77571-6311 USA Est. Ship Date: Q4 2023 Sales Contact: Randy Jones Quote#: 1-1YHTOIH Sales Contact Email: randyd.jones@clubcar.com PO: Currency: USD F.O.B. Terms: FOB Augusta GA Comments: No applicable taxes included in proposal pricing Freight and prepping included in proposal pricing 2024 model year car Approximate lead times, Q4 2023 Proposal pricing compliant with the current Sourcewell Contract #122220-CCR City of La Porte Sourcewell Member #116086 There is a $3,000 parts package accrued in this bid package to cover the loose accessories that were requested in the bid form. 6 wheels and tires 6 covers 2 windshields 20 sand bottles and 2 four sided car covers Product Part Number Ext Qty List Price Net Price Extended Price Tempo Electric 47606562001 75 1 $9,858.00 $6,210.54 $465,790.50 No Connectivity NO VISAGE $0.00 75 1 $0.00 $0.00 Fody Color TBD �47605277010 $0.00 75 1 $0.00 $0.00 Seat Color TBD 102539601 75 1 $0.00 $0.00 $0.00 Golf Package (Electric -Direct) (Includes windshield and 2 DLR_GOLF_2E_PKG 75 $320.00 $192.00 $14,400.00 accessories) Standard Wheel Cover 102536504 103950901 75 1 $0.00 $0.00 $0.00 Kenda Hole-N-1 18x8.50x8 4 y 75 $0.00 $0.00 $0.00 Ply Steel Wheel(Front) Gold Club Car Nameplate 47605591001 75 1 $0.00 $0.00 $0.00 Electric System (Trojan 105046305 75 $0.00 $0.00 $0.00 Batteries) SPWS Kenda Hole-N-1 18x8.50x8 4 T 3950921 Ply Steel Wheel 75 $0.00 $0.00 $0.00 (Rear) Std Gold Domed Number Decal, Side of Body, Drvr 75 $0.00 $0.00 $0.00 Y47606820103 Side, Loc 3 Std Gold Domed Number 147606820106 75 1 $0.00 $0.00 $0.00 Decal, Side of Body, Psgr Side, Loc 6 75 1 $200.00 $0.00 $0.00 USB (Elec. cars) 47560035001 75 1 $110.00 $66.00 $4,950.00 Heavy Duty Suspension 102509103 Comfort Grip Steering Wheel 102507313 75 1 $46.00 $0.00 $0.00 Base, No Lights 47610900001 75 1 $0.00 $0.00 $0.00 12.4 mph Speed Setting 102875111 75 1 $0.00 $0.00 $0.00 6 ft AC Power Cord with US 105138501 75 $0.00 $0.00 $0.00 NEMA Plug Fast Acceleration Off 102875401 75 1 $0.00 $0.00 $0.00 Gold Tempo Decal 47623581001 75 1 $0.00 $0.00 $0.00 Pedal -Up Soft 102875207 75 1 $0.00 $0.00 $0.00 Trojan T875 with Single Point 105167706 75 1 $0.00 $0.00 $0.00 Shelf charger, 9' DC Cord with 75 $0.00 $0.00 $0.00 (Trojan batteries) +47583926007 Sand Bottle, Driver Side 103451602 75 1 $51.00 $0.00 $0.00 Sand Bottle, Passenger Side 103451601 75 1 $51.00 $0.00 $0.00 Permanent, Deluxe/Self Contained Onboard Towing 102539501 75 $318.00 $190.79 $14,309.25 Differential Guard $1,890.00 102551003 75 1 $42.00 $25.20 104008002 75 $0.00 $0.00 $0.00 2 Passenger Canopy with Handles -Color TBD USED 19 YA DS ELEC 19YDSE 104008703 -74 1 1 $1,575.00 ($116,550.00) Standard Front Strut Packaged �on 75 $0.00 $0.00 $0.00 Car Field FIELD PREP 75 1 $0.00 $0.00 $0.00 Standard Owner's Manual 105105903 75 1 $0.00 $0.00 $0.00 Clear Hinged Windshield Kit 105248701 75 1 $170.00 $0.00 $0.00 COMPETITIVE TEMPO ELEC COMPETITIVE COMP_TE2PASS 75 ($1,183.00) ($88,725.00) Y Surcharge GOLF SURCHGE PI2G 75 1 $300.00 $300.00 $22,500.00 �Flowrite Niagara Water 105166801 1 $508.00 $304.80 $304.80 Deionizer 75 $0.00 $229.78 $17,233.50 Club Car Truck Freight NC-CCT-TL Truckload Quantity Subtotal $336,103.05 Sales Tax $0.00 Grand Total $336,103.05 Note: Prices quoted herein are projected for a future estimated date of delivery of Club Car golf and utility products. For a purchase or lease transaction, where trade-in vehicle values are quoted, pricing assumes trade-in of customer's current fleet in a quantity and in condition to be agreed upon by Club Car. In the event customer's current fleet is not available for trade-in at the time of delivery, Club Car reserves the right to adjust pricing accordingly, and Customer agrees to be responsible for any price increases. Customer is to submit required credit information for credit approval. Any applicable State or Local Taxes or any additional fees associated with documentation are not included. ©2016 Club Car, LLC. Club Car believes the information and specifications in this quote were correct at the time of printing. Due to current market conditions and estimated lead times, pricing and interest rates are subject to change prior to projected delivery. Specifications, standard features, options, fabrics and colors are subject to change without notice. Some features may be unavailable when your vehicle is built. Some vehicles are pictured with options that may be available at extra cost or may not be available on some models. Ask your dealer about the availability of options and verify that the vehicle you ordered includes the equipment you ordered. There are no warranties, expressed or implied, contained herein. See the Limited Warranty in the owner's manual or write to: Club Car, PO Box 204658, Augusta, GA 30917. The company reserves the right to make design changes without obligation to make these changes on previously sold units or systems. These vehicles are designed and manufactured for off -road use only. They do not conform to Federal Motor Vehicle Safety Standards for automobiles or to FMVSS 500 for low -speed vehicles, and are not equipped for operation on public streets, roads or highways. This quote for products, equipment, and parts is subject to Club Car's Terms and Conditions of Equipment Sale, as revised or amended from time to time (the "Terms'). The Terms, which are incorporated into this quote by reference, are located at Terms and Conditions, and Customer hereby acknowledges receipt, review, and acceptance of the Terms. At Customer's written request, Club Car will mail Customer a copy of the Terms. Club Car hereby gives notice of its objection to any additional or different terms included in any purchase order or other form submitted by Customer. Accepted By: Company: Title: Date: BAY FOREST RFI As discussed on our phone conversation, the below verbiage that's included in the RFI and is required in all of our proposals, is included primarily to make sure that Club Car is not penalized by fluctuating interest rates that are not in our control. The pricing that has been quoted is for the 2024 model and we have no guidance from senior leadership that it will increase. Our plan is to hold pricing as quoted. Note: Prices quoted herein are projected for a future estimated date of delivery of Club Car golf and utility products. For a purchase or lease transaction, where trade-in vehicle values are quoted, pricing assumes trade-in of customer's current fleet in a quantity and in condition to be agreed upon by Club Car. In the event customer's current fleet is not available for trade- in at the time of delivery, Club Car reserves the right to adjust pricing accordingly, and Customer agrees to be responsible for any price increases. Customer is to submit required credit information for credit approval. Any applicable State or Local Taxes or any additional fees associated with documentation are not included. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 23, 2023 Requested By: Teresa Evans, Director Department: Planning & Development Report Resolution • Ordinance Exhibits: Ordinance 2023-3916; P & Z Letter of Recommendation; Area Map; Zoninq Map; Future Land Use Map. and Returned Comment Sheets Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A SUMMARY & RECOMMENDATION (' Yes • No This is a Planning and Zoning Commission initiated request for approval of Zone Change No. 22-92000013 from the General Commercial (GC) zoning district to the Low Density Residential (R-1) zoning district. The 2.92-acre site is located along S. 2nd St. and S. 3rd St. between I St. and W. Fairmont Pkwy, and legally described Lots 23-32, Block 177, and Lots 1-11, 21-32, and the northern 10 feet of lot 12, Block 178, Town of La Porte, Harris County, Texas. The property is currently developed with single family homes. When this area of the city was initially zoned, the determination was made to zone all the property between I Street and W. Fairmont Pkwy. as General Commercial. Most of the existing uses within this area are commercial in nature, except for the area along S. 2nd and S. 3rd streets. This has made it difficult for the existing homes to substantially improve or expand their property. Additionally, there is a single unimproved lot that has changed hands a number of times because of the inability to construct a home on the site due to the current GC zoning designation. The Planning & Zoning Commission held a public hearing on this item at their December 15, 2022, regular meeting. For the public hearing, staff mailed thirty-six (36) public notices to affected property owners as well as those located within 200 feet of the subject properties. Staff received five (5) returned comment sheets. Three (3) of the comment sheets were in favor of the request and two (2) were opposed. Those that were opposed represented the property owners of the existing commercial sites located directly adjacent to W. Fairmont Pkwy. (1013 S. 3rd St. and 1014 S. 2nd St.). They are not opposed to the entire zone change request but raised concerns about rezoning the parcels directly to the north of their current parcels, back to residential. Their concern is that a rezone of the tracts adjacent to theirs on the north would prevent any future expansion or potential rebuild in case of disaster, for their current commercial operation. At the public hearing, five (5) persons spoke at the public hearing regarding this item. Four (4) spoke in favor of the proposal while one (1) was neutral. The Commission voted on a motion to recommend approval of the zone change request, with an added amendment to exclude 1011 S. 3rd St. and 1012 S. 2nd. St. from the proposed rezone area. The vote was 7-0, and the motion to recommend approval carried. ACTION REQUIRED BY CITY COUNCIL Approve or deny Ordinance 2023-3916 for Zone Change request No. 22-92000013, a request by the City of La Porte, applicant, for approval of a zone change from General Commercial (GC) to Low Density Residential (R-1), on a 2.92-acre tract of land located along S. 2nd St. and S. 3rd St. between I St. and W. Fairmont Pkwy, and legally described Lots 23-32, Block 177, and Lots 1-11, 21-32, and the northern 10 feet of lot 12, Block 178, Town of La Porte, Harris County, Texas. Approved for City Council Agenda Corby D. Alexander, City Manager Date ORDINANCE NO. 2023-3916 AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION OF A 2.92-ACRE TRACT OF LAND LOCATED ALONG S. 2ND STREET AND S. 3RD STREET BETWEEN W. FAIRMONT PARKWAY AND I STREET; AND LEGALLY DESCRIBED AS LOTS 23-32, BLOCK 177 AND LOTS 1-11, 21-32, AND THE NORTHERN 10 FEET OF LOT 12, BLOCK 178, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, FROM GENERAL COMMERCIAL (GC) 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 December 15, 2022, the La Porte Planning and Zoning Commission conducted a public hearing regarding a request to rezone a 2.92- acre tract of land located along S. 2nd Street and S. 3rd Street between W. Fairmont Parkway and I Street and legally described as Lots 23-32, Block 177 and Lots 1-11, 21-32, and the northern 10 feet of Lot 12, Block 178, Town of La Porte, Harris County, Texas, from General Commercial (GC) to Low Density Residential (R-1), following lawful publication of the notice of said public hearing; and WHEREAS, on December 15, 2022, after considering the public testimony received at such hearing, if any, the Planning and Zoning Commission recommended that the request to rezone a 2.92- acre tract of land located along S. 2nd Street and S. 3rd Street between W. Fairmont Parkway and I Street and legally described as Lots 23-32, Block 177 and Lots 1-11, 21-32, and the northern 10 feet of Lot 12, Block 178, Town of La Porte, Harris County, Texas, from General Commercial (GC) to Low Density Residential (R-1) be approved; and WHEREAS, on January 23, 2023, the City Council of the City of La Porte conducted a public hearing regarding a request to rezone a 2.92- acre tract of land located along S. 2nd Street and S. 3rd Street between W. Fairmont Parkway and I Street and legally described as Lots 23-32, Block 177 and Lots 1-11, 21-32, and the northern 10 feet of Lot 12, Block 178, Town of La Porte, Harris County, Texas, from General Commercial (GC) 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 2.92- acre tract of land located along S. 2nd Street and S. 3rd Street between W. Fairmont Parkway and I Street and legally described as Lots 23-32, Block 177 and Lots 1-I1, 21-32, and the northern 10 feet of Lot 12, Block 178, Town of LaPorte, Harris County, Texas, from General Commercial (GC) 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. Chapter 106 "Zoning" of the Code of Ordinances is hereby amended by changing the zoning classification of the following described property, to wit a 2.92- acre tract of land located along S. 2nd Street and S. 3rd Street between W. Fairmont Parkway and I Street and legally described Lots 23-32, Block 177 and Lots 1-11, 21-32, and the northern 10 feet of Lot 12, Block 178, Town of La Porte, Harris County, Texas, from General Commercial (GC) 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. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 6. The City Council of the City of La Porte hereby finds that public notice was properly mailed to all owners of all properties located within two hundred feet (200') of the properties under consideration in compliance with code provisions. Section 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 objectives stated in the City of La Porte's Comprehensive Plan. Section 9. This ordinance shall be effective after its passage and approval. PASSED AND APPROVED this, the 23,d day of JANUARY 2023. ATTEST: CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor APPROVED: Lee Woodward, City Secretary Clark Askins, Assistant City Attorney OF L A A. m City of La Porte Planning and Development Department Established 1892 Teresa Evans, Director r4X'%e January 4, 2023 Honorable Mayor Rigby and City Council City of La Porte RE: Zone Change Request #22-92000013 Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a public hearing at the December 15, 2022 meeting on a zone change request by the City of La Porte, applicant, for a 2.92- acre tract of land located along S. 2nd Street and S. 3rd Street between W. Fairmont Parkway and I Street and legally described as Lots 23-32, Block 177 and Lots 1-13, 20- 32, and the northern 17 feet of lots 14 and 19, Block 178, Town of La Porte, Harris County, Texas, from General Commercial (GC) to Low Density Residential (R-1). The site is a 39.4-acre tract of land located east of S. Broadway Street and south of Garfield Street. For the public hearing, staff mailed one thirty-six (36) public notices to affected property owners and those located within 200 feet of the subject properties. Staff received five (5) returned comment sheets. Three (3) of the comment sheets were in favor of the proposed zone change and two (2) had specific concerns with a portion of the proposed change. The concerns raised by the persons in opposition were discussed by the commission and were addressed in the final recommendation. Five (5) persons spoke at the public hearing regarding this item. The Commission voted 7-0 on a motion to recommend approval of the requested zone change, with an added amendment to exclude 1011 S. 3rd St. and 1012 S. 2nd. St. from the proposed rezone area. Respectfully submitted, Hal Lawler, Chairman On Behalf of the Planning and Zoning Commission City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development LaPorte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov 41 rqF r ONT�- T IRMC F {�' A f m k.- s r Y -- , Area Map Zone Change #22-92000013 S. 2nd and S. 3rd Legend Subject Tracts QF L ,p m TExAS 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 = 121 feet) I AlmJANUARY 2023 PLANNING DEPARTMENT Zoning Map Zone Change #22-92000013 _ S. 2nd and S. 3rd R-1 ;ar--+ - 4k, 1 FLUP Map LDR Zone Change #22-92000013 4 S. 2nd and S. 3rd Legend 8 Subject Tracts �2 L 0 M 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 = 121:feo JANUARY 2023 PLANNING DEPARTMENT Planning and Zoning Commission NOTICE OF A PUBLIC HEARING Scheduled For DECEMBER 15, 2022, 6:00 PM City Council Chambers COMMENT SHEET FOR: Zone Change #22-920000013 I have receiv notice of the above referenced public hearing. I am ' FAVOR of ranting this request for the following reasons: I am OPPOSED to granting this request for the following reasons: Name (please print) Address Signature City, State, Zilf *Comment sheets can be returned via mail using the provided self-addressed envelope, by email to plan ning(o--)laportetx.gov, or in person at City Hall. Planning and Zoning Commission NOTICE OF A PUBLIC HEARING Scheduled For DECEMBER 15, 2022, 6:00 PM City Council Chambers COMMENT SHEET FOR: Zone Change #22-920000013 I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: 0— I am OPPOSED to granting this request for the following reasons: Name (please print) Address 77./.. � I'a/')z �4f4 /75�/� Signature City, Stat , Zip Comment sheets can be returned via mail using the provided self-addressed envelope, by email to planning Maportetx.gov, or in person at City Hall. Planning and Zoning Commission NOTICE OF A PUBLIC HEARING Scheduled For DECEMBER 15, 2022, 6:00 PM City Council Chambers COMMENT SHEET FOR: Zone Change #22-920000013 I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: /�.%o�,!�r�►rn �{�S"lyid �iy �-roi2T-�z �i�t/�c% It Sasz�c�� iit>it�� i sue, 1 am I am OPPOSED to granting this request for the following reasons: Name (please pri Signature Z 64'kt%9sh Lr" . c�aSr��r � x Address p-/SrAW,%X 770ZS' City, State, Zip *Comment sheets can be returned via mail using the provided self-addressed envelope, by email to planning(cDlanortetx.gov, or in person at City Hall. 7"71' 7 S" Planning and Zoning Commission NOTICE OF A PUBLIC HEARING Scheduled For DECEMBER 15, 2022, 6:00 PM City Council Chambers COMMENT SHEET FOR: Zone Change #22-920000013 I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: I am OPPOSED to granting this request for the following reasons: 64 '4)1 LJ A&Z wu" VL &1z - (pl as-. - i - - Zip "Comment sheets can be returned via mail using the provided self-addressed envelope, by email to plan ningalaportetx.gov, or in person at City Hall. ' From: David Brady <davidbrady9@vahoo.com> Sent: Monday, December 12, 2022 12:54 PM To: Daeumer, Matt <DaeumerM@Iaportetx.gov> Subject: Zoning change for 2nd and 3rd Streets 1011 S. 3rd Street Matt: Per our discussion on 12/12/22, I am sending you this email in regard to the P&Z meeting on this coming Thursday, 12/15/22. I am requesting that 1011 S. 3rd be allowed to stay commercial, as I have always kept this property in the event of anything that would happen to 1013 S. 3rd whether it be a fire, hurricane, or flood. In order to build back under the city guidelines, I would need at least both pieces of property. As I understand the scope of changing for the property owners up and down both streets, who have been friends and neighbors for 35 years, we would certainly want them to be protected under the city guidelines. The commercial property owners of 1013 S. 3rd and 1014 S. 2nd have contributed generously to this community over the years. At the age of 76, old and weary, it is difficult to attend evening meetings. I was under the impression from last September that this issue had been resolved. There could be other solutions that would resolve this zoning issue. By not being at the meeting does not take away the importance of these zoning changes. It is very, very important that 1011 S. 3rd stays commercial, as well as 1013 S. 3rd. David Brady (Please send a reply to confirm receipt of this letter.) ZONE CHANGE REQUEST #22-92000013 ■ The city is requesting a change in zoning from the General Commercial (GC) zoning district to the Low Density Residential (R-1) zoning district. ■ The Planning and Zoning Commission initiated this zone change request. ■ The site is approximately 3.25-acres. ■ The area is developed with fourteen (14) existing single-family homes and one (1) vacant lot. ■ The requested zone change will remove the non -conforming status from the existing single family uses. ■ The non -conforming status of the existing homes prohibits the homeowners from making substantial improvements to the structure or expanding the footprint (e.g. addition of shed, patio, porch, pool). w J�� •ox`'i"1...�y�jr °' ' 1 { Area Map Zone Change S. 2nd and S. 3rd L ? 7-1 y 11y 3 Legend s Subjed Tracts F 4E E m { - s a This product is for informational purposes and may not have p t� been prepared for or be suitable for legal purposes. It does noc represent an an -the -ground — f sorter and represents only khc OF approximate relative latation of // r araxu i OF _ property boundaries X 1 inch = 121 feet e 1 l JANUARY 2023 PLANNINC DEPARTMENT OF L A O h AA � m / iEXPa Zoning Map Zone Change _ v #22-42000013 S. 2nd and S. 3rd Ii Legend ■ � � OSub1eL{Tracls � t m This product is fur informational purposes and may nat have been prepared far or be suitable fur legal purposes. It does not mpresentan on -the -ground urvey and represents only the PP. -an, relative location of property boundaries 1 inch = 121 feet 19 JANUARY 2023 PLANNING DEPARTMENT ■ The surrounding zoning and uses are as follows. Low Density Residential (R-1) Single Family Residential General Commercial (GC) Commercial General Commercial (GC) City storage and water facility General Commercial (GC) Commercial ■ The proposed zone change is consistent with the existing uses. The proposed zoning is consistent with the character of the surrounding area. ■ The proposed zone change is in conformance with the future land use plan. ■ There is sufficient existing right-of-way access from S. 2nd St. and S. 3rd St. The proposed zone change should have no new impact on area traffic. ■ Staff sent out 36 comment sheets to adjacent property owners within 200' of the subject property. ■ Staff has received five (5) returned comment sheets, three (3) in favor and two (2) in opposition to the proposed zone change. ■ The Planning & Zoning Commission held a public hearing on this item at their December 15, 2022, regular meeting The Commission voted on a motion to recommend approval of the zone change request, with an added amendment to exclude 101 1 S. 3rd St. and 1012 S. 2nd. St. from the proposed rezone area. The vote was 7-0, and the motion to recommend approval carried. Consider adopting Ordinance 2023-3916 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Zone Change #22- 92000013, a change from General Commercial (GC) to Low Density Residential (R-1) for a 2.92-acre tract of land located along S. 2nd St. and S. 3rd St. between I St. and W. Fairmont Pkwy, and legally described Lots 23-32, Block 177, and Lots I -1 1, 21-32, and the northern 10 feet of lot 12, Block 178,Town of La Porte, Harris County,TX REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 23, 2023 Requested By: Teresa Evans, Director Department: Planning & Development Report Resolution • Ordinance Exhibits: Ordinance 2023-3917 — SHOWING CHANGES; Ordinance 2023-3917 — CLEAN COPY; P & Z Commission Recommendation Letter Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: (' Yes (*' No SUMMARY & RECOMMENDATION In accordance with Section 106-65 of the City of La Porte Code of Ordinances, the Planning and Zoning Commission is authorized to conduct a regular comprehensive review of Chapter 106- Zoning, to determine whether the chapter has become deficient, obsolete, and inadequate for any reason. Consistent with past practice, the Planning and Zoning Commission formed a Subcommittee late last year, consisting of four (4) Commissioners, to review possible amendments, in coordination and consultation with staff. Following the Subcommittees' review, staff presented the full list of proposed amendments to the Planning and Zoning Commission at the September 15, 2022, meeting, for discussion only. The proposed amendments below are recommendations made by the subcommittee and recommended for approval by the full Planning and Zoning Commission, based on the 2022 annual review. In addition to the proposed amendments recommended by the subcommittee, the Planning and Zoning Commission has been tasked by the City Council to review the current notification requirements for Public Hearings. Specifically, council asked the commission to consider whether the 200' distance notification requirement should be enlarged At the November 17, 2022, regular meeting of the Planning and Zoning Commission, this request was considered as a discussion item. The Chapter 106 Subcommittee met prior to the full commission meeting and recommended that no changes be made to the current notification requirements. The commission agreed that the 200' radius did not need to be expanded, as it currently meets state requirements and is in line with other area municipalities. There was additional discussion regarding adding language that would require notification of any homeowners' associations or civic clubs that would be impacted by a proposed public hearing item. The Planning and Zoning Commission held a Public Hearing at their regular meeting on December 15, 2022, to consider the second phase of amendments to Chapter 106- Zoning of the City Code of Ordinances as well as amendments to the public hearing notification requirements. The following list summarizes the proposed modifications. 1. Sec. 106-171.- Amendment procedures and 106-194. — Notice of public hearings before the board of adjustments: Add language under the public hearing notification sections that requires notification to any civic association whose boundaries are wholly or partly within the specified 200-foot boundary area. 2. Sec. 106-331.-Table A, residential uses: RV Parks are currently an unlisted use in the code even though RVs are allowed in the MH District. The recommended amendment reflects that NAICS 721211 RV Parks, is allowed outright in the MH Zoning District. 3. Sec. 106-310, Table A, Commercial and Industrial Uses: Boat and RV storage are currently included with mini warehousing and self -storage along with a wide variety of additional uses under NAICS 531 Real Estate. The recommended proposal would break up NAICS 531 by separating out NAICS 531130 and further separating self-storage/mini-warehouse uses from boat and RV storage uses. The Commission voted 7-0 to recommend approval of the proposed amendments, as presented. The attached draft ordinance showing changes reflects the Planning and Zoning Commission's recommendations to City Council for amendments to Chapter 106- Zoning of the City of La Porte Code of Ordinances. ACTION REQUIRED BY CITY COUNCIL The City Council will hold a public hearing to receive comments regarding the recommendation by the Planning and Zoning Commission to adopting Ordinance 2023-3917 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by revising distance requirements for giving of notice to adjacent property owners of public hearings on changes to zoning classification of property, residential replats, and matters heard by the zoning board of adjustment and amending regulations related to RV park and campground uses and self -storage and mini -warehouse uses; followed by discussion and possible action to consider adopting Ordinance 2023-3917 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by revising distance requirements for giving of notice to adjacent property owners of public hearings on changes to zoning classification of property, residential replats, and matters heard by the zoning board of adjustment and amending regulations related to RV park and campground uses and self -storage and mini -warehouse uses. Approved for City Council Agenda Corby D. Alexander, City Manager Date ORDINANCE NO.2023-3917 AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY REVISING NOTIFICATION REQUIREMENTS AND PROCEDURES FOR PUBLIC HEARINGS HELD BEFORE THE LA PORTE PLANNING AND ZONING COMMISSION AND LA PORTE ZONING BOARD OF ADJUSTMENT AND AMENDING REGULATIONS RELATED TO RV PARK AND CAMPGROUND USES AND SELF STORAGE AND MINI -WAREHOUSE USES; 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 106, "Zoning," Article II. "Administration", Division 5 "Amendments", Section 106-171 "Amendment Procedures", of the Code of Ordinances of the City of LaPorte, Texas, is hereby amended and shall hereinafter read as follows: "Sec. 106-171. —Amendment procedures. The city council may from time to time, on its own motion, the motion of the planning and zoning commission, or on petition, amend, supplement, change, modify or repeal the regulations, restrictions, and boundaries herein established. (1) Public hearing before the city planning and zoning commission. Before taking any action on any proposed amendment, supplement, change, or modification, the city council shall submit the same to the city planning and zoning commission which shall make a preliminary report and hold a public hearing thereon before submitting its final report to the city council. (2) Notice ofpublic hearing before city planning and zoning commission. a. Written notice of all public hearings before the city planning and zoning commission on proposed changes in classification shall be sent to owners of real property lying within 200 feet of the property on which the change in classification is proposed, as well as the La Porte Independent School District, and to civic associations whose boundaries are wholly or partly within said 200 foot area, such notice to be given not less than ten days before the date set for hearing, to all owners who have rendered their said property for city taxes as the ownership appears on the last approved city tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the city post office. At least 15 days' notice of the time and place of such hearing shall be published once in a newspaper of general circulation in the city. b. Requirements for public notice by sign posting 1. Public notice for procedures requiring public notice by sign posting shall be provided by the city at least 15 days before the public hearing. 2. The applicant shall place public notice sign on the property within 20 feet of the abutting street. 3. The sign shall be clearly visible, readable, and not to create hazard to traffic on the public right-of-way abutting the property. 4. Public notice sign shall include the date, time, place, and purpose of public hearing. 5. The applicant must return the sign to the city within ten days after the appeal period for the public hearing has ended. 6. The erection of this sign shall not require a permit from the city. (3) Publication of notice. In the event a public hearing shall be held by the city planning and zoning commission in regard to a change of this chapter not involving particular property but involving a change in the chapter generally, notice of such hearing shall be given by publication once in a newspaper of general circulation in the city stating the time and place of such hearing, which time shall not be earlier than 15 days from the day of such publication. (4) Submission offindings and recommendations to city council. The city planning and zoning commission shall forward its final report consisting of written findings of fact and recommendations to city council, within 30 days of the close of the public hearing held in accordance with this section. (5) Public hearing before city council. a. Upon receipt of the written recommendations from the planning and zoning commission, a public hearing shall be held by the city council before adopting any proposed amendment, supplement, change, modification or repeal of the regulations, restrictions, and boundaries herein established. b. Notice of such hearing shall be given by publication once in a newspaper of general circulation on the city stating the time and place of such hearing, which time shall not be earlier than 15 days from the day of such publication. (6) Council actions. The city council shall act upon such motion or petition within sixty (60) days from the date the final report of the city planning and zoning commission was submitted to the city council. (7) Protests. a. In case of a protest against any such amendment, supplement, change, or repeal of the regulations, restrictions, and boundaries herein established, a written protest filed with the enforcement officer and signed by the owners of 20 percent or more of either: 1. The area of lots or land covered by the proposed change; or 2. The area of lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area. Such amendment, supplement, change, modification, or repeal shall not become effective except by the favorable vote of three -fourths of all the members of the city council. 3. Streets and alleys shall be included when computing the area of land from which a protest may be filed. (8) Vote to overrule. The affirmative vote of at least three -fourths of the city council is required to overrule a recommendation of the city planning and zoning commission that a proposed change to this chapter or boundary be denied. (9) Reconsideration. An application for an amendment to the zoning classification of property that is denied by the city council, or which is withdrawn by an applicant after the planning and zoning commission makes a report recommending denial of such amendment, may not be resubmitted by the applicant for filing with the city within six (6) months of the date of filing of the first application." Section 2: That Chapter 106, "Zoning," Article II. "Administration", Division 6 "Special Exceptions and Variances", Section 106-194 "Notice of public hearings before the board of adjustment", of the Code of Ordinances of the City of LaPorte, Texas, is hereby amended and shall hereinafter read as follows: "Sec. 106-194. - Notice of public hearings before the board of adjustment. (a) The notice of public hearings provided for in this section shall be given by publication once in a newspaper of general circulation in the city stating the time and place of such hearings, which shall not be earlier than ten days from the date of such publication, and in addition thereto, the board of adjustment shall mail notices of such hearing to the petitioner and to all owners of property lying within 200 feet of any point of the lot or portion thereof, on which a special exception or variance is desired, to all civic associations whose boundaries are wholly or partly within said 200 foot area, and to all other persons deemed by the board of adjustment to be affected thereby; such owners and persons shall be determined according to the last approved tax roll of the city. Such notice may be served by depositing addressed and postage paid, in the city post office. (b) Requirements for public notice by sign posting: (1) Public notice for procedures requiring public notice by sign posting shall be provided by the city at least ten days before the public hearing. (2) The applicant shall place public notice sign on the property within 20 feet of the abutting street. (3) The sign shall be clearly visible, readable, and not to create hazard to traffic on the public right-of-way abutting the property. (4) Public notice sign shall include the date, time, place, and purpose of public hearing. (5) The applicant must return the sign to the city within ten days after the appeal period for the public hearing has ended. (6) The erection of this sign shall not require a permit from the city." Section 3: That Chapter 106, "Zoning," Article III. "Districts", Division 2 "Residential District Regulations", Section 106-331 "Table A, residential uses", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by adding a new use classification within the table established in such section for RV (Recreational Vehicles) Parks and Campground uses, which said use classification shall be inserted within such table in the proper numerical sequence, and hereinafter shall read as follows: "Sec. 106-331. —Table A, residential uses. P (abc)Permitted uses (subject to designated criteria established in section 106-334 (Special use performance standards; residential)). PPermitted uses. AAccessory uses (subject to requirements of section 106-741 (General provisions)). CConditional uses (subject to requirements of sections 106-216 (General conditions for all conditional uses in all zoning districts), 106-217 (Conditions for approval), and 106-218 (Amendments) and designated criteria established in section 106-334 (Special use performance standards; residential) as determined by the planning and zoning commission). *—Not allowed Uses (NAICS Code #) R-1 R-2 R-3 MH LL RV (Recreation Vehicles) * * * P Parks and Campgrounds NAICS #721211 Section 4: That Chapter 106, "Zoning," Article III. "Districts", Division 1 "Generally", Section 106-310 "Table A, Commercial & Industrial Uses", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by adding new use classifications within the table established in such section for Mini Warehouse and Self -Storage uses and Boat and RV Storage uses, which said use classifications shall be inserted within such table in the proper numerical sequence, and hereinafter shall read as follows: "Sec. 106-310. — Table A, Commercial *& Industrial Uses. ** NC MS GC MU BI LI HI 531 Real Estate P P P P P P P 531130 Lessors of Miniwarehouses C C and Self -Storage Units (Not including Boat and RV Storage) 531130 Boat and RV Storage C C C P P Section 5. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2,000.00). Section 6. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. Section 7. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 8. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 9. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance. PASSED AND APPROVED this the 2311 day of JANUARY 2023. CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor ATTEST: Lee Woodward, City Secretary APPROVED AS TO FORM: Clark Askins, City Attorney ORDINANCE NO.2023-3917 AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY REVISING NOTIFICATION REQUIREMENTS AND PROCEDURES FOR PUBLIC HEARINGS HELD BEFORE THE LA PORTE PLANNING AND ZONING COMMISSION AND LA PORTE ZONING BOARD OF ADJUSTMENT AND AMENDING REGULATIONS RELATED TO RV PARK AND CAMPGROUND USES AND SELF STORAGE AND MINI -WAREHOUSE USES; 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 106, "Zoning," Article 11. "Administration", Division 5 "Amendments", Section 106-171 "Amendment Procedures", of the Code of Ordinances of the City of LaPorte, Texas, is hereby amended and shall hereinafter read as follows: "Sec. 106-171. —Amendment procedures. The city council may from time to time, on its own motion, the motion of the planning and zoning commission, or on petition, amend, supplement, change, modify or repeal the regulations, restrictions, and boundaries herein established. (1) Public hearing before the city planning and zoning commission. Before taking any action on any proposed amendment, supplement, change, or modification, the city council shall submit the same to the city planning and zoning commission which shall make a preliminary report and hold a public hearing thereon before submitting its final report to the city council. (2) Notice ofpublic hearing before city planning and zoning commission. a. Written notice of all public hearings before the city planning and zoning commission on proposed changes in classification shall be sent to owners of real property lying within 200 feet of the property on which the change in classification is proposed, as well as the La Porte Independent School District, and to civic associations whose boundaries are wholly or partly within said 200 foot area, such notice to be given not less than ten days before the date set for hearing, to all owners who have rendered their said property for city taxes as the ownership appears on the last approved city tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the city post office. At least 15 days' notice of the time and place of such hearing shall be published once in a newspaper of general circulation in the city. b. Requirements for public notice by sign posting 1. Public notice for procedures requiring public notice by sign posting shall be provided by the city at least 15 days before the public hearing. 2. The applicant shall place public notice sign on the property within 20 feet of the abutting street. 3. The sign shall be clearly visible, readable, and not to create hazard to traffic on the public right-of-way abutting the property. 4. Public notice sign shall include the date, time, place, and purpose of public hearing. 5. The applicant must return the sign to the city within ten days after the appeal period for the public hearing has ended. 6. The erection of this sign shall not require a permit from the city. (3) Publication ofnotice. In the event a public hearing shall be held by the city planning and zoning commission in regard to a change of this chapter not involving particular property but involving a change in the chapter generally, notice of such hearing shall be given by publication once in a newspaper of general circulation in the city stating the time and place of such hearing, which time shall not be earlier than 15 days from the day of such publication. (4) Submission offindings and recommendations to city council. The city planning and zoning commission shall forward its final report consisting of written findings of fact and recommendations to city council, within 30 days of the close of the public hearing held in accordance with this section. (5) Public hearing before city council. a. Upon receipt of the written recommendations from the planning and zoning commission, a public hearing shall be held by the city council before adopting any proposed amendment, supplement, change, modification or repeal of the regulations, restrictions, and boundaries herein established. b. Notice of such hearing shall be given by publication once in a newspaper of general circulation on the city stating the time and place of such hearing, which time shall not be earlier than 15 days from the day of such publication. (6) Council actions. The city council shall act upon such motion or petition within sixty (60) days from the date the final report of the city planning and zoning commission was submitted to the city council. (7) Protests. a. In case of a protest against any such amendment, supplement, change, or repeal of the regulations, restrictions, and boundaries herein established, a written protest filed with the enforcement officer and signed by the owners of 20 percent or more of either: 1. The area of lots or land covered by the proposed change; or 2. The area of lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area. Such amendment, supplement, change, modification, or repeal shall not become effective except by the favorable vote of three -fourths of all the members of the city council. 3. Streets and alleys shall be included when computing the area of land from which a protest may be filed. (8) Vote to overrule. The affirmative vote of at least three -fourths of the city council is required to overrule a recommendation of the city planning and zoning commission that a proposed change to this chapter or boundary be denied. (9) Reconsideration. An application for an amendment to the zoning classification of property that is denied by the city council, or which is withdrawn by an applicant after the planning and zoning commission makes a report recommending denial of such amendment, may not be resubmitted by the applicant for filing with the city within six (6) months of the date of filing of the first application." Section 2: That Chapter 106, "Zoning," Article 11. "Administration", Division 6 "Special Exceptions and Variances", Section 106-194 "Notice of public hearings before the board of adjustment", of the Code of Ordinances of the City of LaPorte, Texas, is hereby amended and shall hereinafter read as follows: "Sec. 106-194. - Notice of public hearings before the board of adjustment. (a) The notice of public hearings provided for in this section shall be given by publication once in a newspaper of general circulation in the city stating the time and place of such hearings, which shall not be earlier than ten days from the date of such publication, and in addition thereto, the board of adjustment shall mail notices of such hearing to the petitioner and to all owners of property lying within 200 feet of any point of the lot or portion thereof, on which a special exception or variance is desired, to all civic associations whose boundaries are wholly or partly within said 200 foot area, and to all other persons deemed by the board of adjustment to be affected thereby; such owners and persons shall be determined according to the last approved tax roll of the city. Such notice may be served by depositing addressed and postage paid, in the city post office. (b) Requirements for public notice by sign posting: (1) Public notice for procedures requiring public notice by sign posting shall be provided by the city at least ten days before the public hearing. (2) The applicant shall place public notice sign on the property within 20 feet of the abutting street. (3) The sign shall be clearly visible, readable, and not to create hazard to traffic on the public right-of-way abutting the property. (4) Public notice sign shall include the date, time, place, and purpose of public hearing. (5) The applicant must return the sign to the city within ten days after the appeal period for the public hearing has ended. (6) The erection of this sign shall not require a permit from the city." Section 3: That Chapter 106, "Zoning," Article III. "Districts", Division 2 "Residential District Regulations", Section 106-331 "Table A, residential uses", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by adding a new use classification within the table established in such section for RV (Recreational Vehicles) Parks and Campground uses, which said use classification shall be inserted within such table in the proper numerical sequence, and hereinafter shall read as follows: "Sec. 106-331. —Table A, residential uses. P (abc)Permitted uses (subject to designated criteria established in section 106-334 (Special use performance standards; residential)). PPermitted uses. AAccessory uses (subject to requirements of section 106-741 (General provisions)). CConditional uses (subject to requirements of sections 106-216 (General conditions for all conditional uses in all zoning districts), 106-217 (Conditions for approval), and 106-218 (Amendments) and designated criteria established in section 106-334 (Special use performance standards; residential) as determined by the planning and zoning commission). *—Not allowed Uses (NAICS Code #) R-1 R-2 R-3 MH LL RV (Recreation Vehicles) * * * P Parks and Campgrounds NAICS #721211 Section 4: That Chapter 106, "Zoning," Article III. "Districts", Division 1 "Generally", Section 106-310 "Table A, Commercial & Industrial Uses", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by adding new use classifications within the table established in such section for Mini Warehouse and Self -Storage uses and Boat and RV Storage uses, which said use classifications shall be inserted within such table in the proper numerical sequence, and hereinafter shall read as follows: "Sec. 106-310. — Table A, Commercial *& Industrial Uses. ** NC MS GC MU BI LI HI 531 Real Estate P P P P P P P 531130 Lessors of Miniwarehouses C C P P P and Self -Storage Units (Not including Boat and RV Storage) 531130 Boat and RV Storage C C C P P Section 5. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2,000.00). Section 6. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. Section 7. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 8. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 9. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance. PASSED AND APPROVED this the 2311 day of JANUARY 2023. CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor ATTEST: Lee Woodward, City Secretary APPROVED AS TO FORM: Clark Askins, City Attorney OF L A A. m City of La Porte Planning and Development Department Established 189' Teresa Evans, Director rgx,%e January 4, 2023 Honorable Mayor Rigby and City Council City of La Porte RE: Proposed Ordinance Amending Chapter 106 "Zoning" Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a public hearing at the December 15, 2022, meeting to consider approval of an ordinance amending certain provisions of Chapter 106 (Zoning) of the City of La Porte's Code of Ordinances based on the annual review conducted by the Commission. The Commission voted on a motion to recommend approval of the proposed amendments to Chapter 106 as shown in the drafted ordinance. The vote was 7-0, and the motion to approve carried. Respectfully submitted, Hal Lawler, Chairman 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 PUBLIC HEARING NOTICE REQUIREMENTS, RV PARKS, AND SELF-STORAGE/MINI- WAREHOUSE USES ■ City Council requested the Commission review the current 200' distance notification requirement for Public Hearings. The Commission discussed this request at the November 17, 2022, regular meeting. ■ The Commission is also recommending two (2) prior recommendations, reviewed by the Subcommittee and discussed by the full Commission at the October 13, 2022 meeting. ■ These amendments are part of the Group B set of recommendations for Chapter 106 amendments. Public Hearing Notice Sec. 106-171. — Amendment procedures. In response to Council's request, the Commission discussed the 200' distance requirement for public hearing notifications, and determined that the notification requirement for a Public Hearing does not need to be extended beyond the state mandated 200' radius. There was additional discussion regarding the addition of language to provide notification of public hearings to HONs or Civic Clubs located within the 200' distance. OF AO m TE%Pg , Section 1: That Chapter 106, "Zoning," Article II. "Administration', Division 5 "Amendments",Section 106-171 "Amendment Procedures", ofthe Code of Ordinances of the City of La Porte, Texas, is hereby amended and shall hereinafter read as follows - "Sec. 106-171. --Amendment procedures. The city council may from time to time, on its own motion, the motion of the planning and zoning commission, or on petition, amend, supplement, change, modify or repeal the regulations, restrictions. and boundaries herein established. (1) Public hearing before the ciin planning and zoning commission. Before taking any action on any proposed amendment, supplement, change, or modification, the city- council shall submit the same t4 the city planning and zoning commission which shall make a preliminary report and hold a public hearing thereon before submitting its final report to the city council- (2) Motice ofpublic hearing before cih planning and zoning commission a. Written notice of all public hearings before the city planning and zoning commission on proposed changes in classification shall be sent to owners ofreal property lying within 200 feet of the property on which the change in classification is proposed, as well as the La Porte Independent School District, and to civic associations whose boundaries are wholly or partly within said 200 foot area, such notice to be given not less than ten days before the date set for hearing, to all owners who have rendered their said property- for city taxes as the ownership appears on the last approved city tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the city- post office. At least 15 days' notice of the time and place of such hearing shall be published once in a newspaper of general circulation in the city. Recreational Vehicles OF AO � m 1 � iE%Pg Sec. 106-331. — Table A, residential uses. Recreational Vehicle (RV) Parks Section 1: That Chapter 106, "Zoning," Article III. "Districts", Dinsron 2 "Residential "Table are District Regulations', Section 106-331 A, residential uses'-,oftheCode ofOrdinancesof currently an unlisted use in the land use the City of La Porte- Texas, ishereln• amended and shall hereinafter read asfollows- table even though RVs are currently "Sec. 106-331. —Table A, residential uses_ allowed in the Manufactured Housing P (&,)—PeTmitttd uses (subject to designated criteria established in section 106-334 (MH) zoning district. The proposed (Special use performance standards;residential)). amendment to Chapter 106 is to add RV P—Permitted us es_ Parks and Campgrounds (NAILS A Accessory= uses (subject to requirements of section 106-741 (General provisions)). #721211) to the residential land use Conditional uses (subject to requirements o£sections 106-216 (General conditions for all conditional uses in all zoning districts), 106-217 (Conditions for approval), table to reflect that they are permitted in and 106-218 (Amendments) and designated criteria established in section 106-334 the MH zoning district. (Special use performance standards; residential) as determined by the planning and zoning commission). *—dot allowed Uses (NAIC5 Code #) R-1 R-2 R-3 MH LL RV (Recreation Vehicles) * * * P Parks and Campgrounds N.AICS #721211 Mini -warehouses, Self -Storage Units, Boat and RV Storage Section 106-310. — Table A, Commercial & Industrial Uses. Self-storage/Mini- warehouses and Boat and RV storage currently fall under NAICS 531 — Real Estate. The proposed amendment breaks out these specific uses into two (2) additional NAICS categories to better define these uses and where they can be located. L AO h �A g �m iEX'a Section 2: That Chapter 106, "Zoning_" Article III. `-Districts", Division I "Generally", Section 106-310 "Table A. Commercial & Industrial Uses". of the Cade of Ordinances of the Cite of La Porte, Texas, is hereby amended and shall hereinafter read as follows - "Sec. 106-310. — Table A, Commercial *& Industrial Uses. xx NC NIS GC hIti BI LI HI 531 Real Estate P P P P P P P 531130 Lessors ofMinrw houses C C P P P and Self -Storage Units (Not including Boat and RV Storage) 531130 Boat and RV Storage C C C P P The Planning & Zoning Commission held a public hearing on this item at their December 15, 2022, regular meeting The Commission voted on a motion to recommend approval of the proposed amendments as presented. The vote was 7-0, and the motion to recommend approval carried. Consider adopting Ordinance 2023-3917 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by revising distance requirements for giving of notice to adjacent property owners of public hearings on changes to zoning classification of property, residential replats, and matters heard by the zoning board of adjustment and amending regulations related to RV park and campground uses and self -storage and mini -warehouse uses. Proposed increase of distance requirement for Public Hearing Notification from 200' to 1000' Public notice distance requirements for surrounding cities. 1. League City — 500 feet (Sec. 98.86) 2. Baytown — 300 feet (Sec. 1.21) 3. Missouri City — 200 feet (Sec. 19.3) 4. Deer Park — 200 feet (Sec. 19.04) 5. Pearland — 200 feet (Sec. 1.2.2.3) 6. Sugar Land — 200 feet (Sec. 2.49) Postage Cost: $0.60 x 12 = $7.20 OF L A O � m i iEX�`a Postage Cost: $0.60 x 16 = $9.60 w OF L AO h �A g �m iEW a Postage Cost: $0.60 x 44 = $26.40 OF L A O � m i iEX�`a Postage Cost: $0.60 x I I = $6.60 OF L A O � m i iEX�`a Postage Cost: $0.60 x 28 = $16.80 OF L A O �m iEXPB Postage Cost: $0.60 x 119 = $71.40 OF L A O h �A / Im iEA0 Postage Cost: $0.60 x 33 = $19.80 h �A Postage Cost: $0.60 x 76 = $45.60 ri0 ' ®u tl<o Trac[ I- r 1000' Notice 143 total notices. Legend Q Tracts Wthin iaoa• "I 111n�tt{{+P'E II sueiee tree qO 1 P i � f7 pl v Ee This prod —is 1¢r id¢rma6-1 mE� f purposes and may not have g been prepared for ¢r be suitable far legal purposes. It does not 'ss f � � represent an onrthe-ground 3 �� survey and represen[s only the '+� �4g � �� appr¢eima[c relarive location ¢f ®tby property b¢undarios �4Se� � anmfiaret y r;vtat� � i inch = 667 ieel e ' NOVEMBER 2022 St 3 � PLANNING �£FARTM£NT OF L . O � m TE%f`g Postage Cost: $0.60 x 143 = $85.80 OF L A O h �A �m iEX'a Postage Cost: $0.60 x 28 = $16.80 OF L A O � m i iEX�`a Postage Cost: $0.60 x 96 = $57.60 OF AO L /T.O. Postage Cost: $0.60 x 243 = $145.80 Average # of Public Hearings (PH) per year = 25 Average # of mailings per PH @ 200' = 20 ($12 x 25 PH) = $300 in postage Average # of mailings per PH @ 500' = 55 ($33 x 25 PH) = $825 in postage Average # of mailings per PH @ 1000' = 122 ($73.2 x 25 PH) = $1830 in postage *Additional costs for envelopes, paper, and staff hours will also need to be accounted for. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 23, 2023 Requested By: Richard Glass Department: Planning & Development • Report r Resolution r Ordinance Exhibits: Public Hearing Notice; Inspection Sheets; Certified Letters; Ordinances; PowerPoint Presentation Appropriation Source of Funds: Dangerous Buildings Account Number: 001-9092-524-6021 Amount Budgeted: $50,000 Amount Requested: 0 Budgeted Item: Yes �' No SUMMARY & RECOMMENDATION The Dangerous Building Inspection Board is composed of the Chief Building Official (Richard Glass), the Fire Chief (Carl Holley), and the Fire Marshal (Clif Meekins), as established by Sec. 82-472 in the Code of Ordinances of the City of La Porte. On November 14, 2022, eight (8) buildings or structures were brought before the City Council. Council moved to order the condemnation of two (2) dangerous/substandard structures. For the two (2) structures located at 914 S. Broadway St., and 9306 Carlow Ln., Council motioned to postpone consideration for sixty (60) days, and directed staff to contact the owners to discuss a timeline to bring their property into compliance. The Board has identified two (2) buildings or structures in the City of La Porte that are a public nuisance and hazard, as described in Sec. 82-473 of the City's Code of Ordinances. When the Board determines violations exist under Section 82-473, the building or structure is considered "dangerous or substandard". The buildings or structures at the following locations are considered to be dangerous or substandard. 1. 914 S. Broadway Street 2. 9306 Carlow Lane In accordance with Sec. 82-478 of the City of La Porte Code of Ordinances, "...the city council should make its decision in writing setting out the facts upon which it based its opinion. If its decision is in favor of the findings of the board to the effect that the building is in fact a dangerous building and is a nuisance and a hazard and that it is, by such order, condemned. The order shall further require, as the facts may justify, that the owner shall either repair such building in compliance with the building code of the city, or that the owner shall entirely remove or tear down such building, and such repairs or removal shall be commenced within ten days from the date of such order and be completed within a reasonable time." Staff finds that the public hearing notification requirements outlined in Sec. 82-475 were performed in accordance with code provisions, including the following: "...the notice shall be published in some daily newspaper of general circulation in the county, two times. The first publication shall be inserted not more than 15 days and not less than ten days prior to the date of the hearing provided for in this article, and the last publication shall be not more than ten days and not less than three days prior to such hearing." Written notice was also given by registered mail, with return receipt requested, addressed to the last known address of the owner. In accordance with state law, notice of the public hearing was also posted at City Hall and on the City's website. At this time, staff received a permit application from 914 S. Broadway St. on 12/1/2022. Comments were sent to the applicant on 12/6/2022 and staff has not received any further response. Staff contacted the owner of 9306 Carlow Ln. and notified the owner that permits would be required for any remodeling and that his property is on the dangerous building list. Staff has not received any applications from the owner. Attached are the inspection results for the two (2) properties. Staff mailed certified letters with this information to the property owners of record, posted on the properties, and posted in the Bay Area Observer. Staff recommends that the City Council consider the Board's findings and the repair or demolition of the buildings or structures determined to be dangerous or substandard. ACTION REQUIRED BY CITY COUNCIL The City Council will hold a public hearing to receive comments on the recommendation of the Dangerous Buildings Inspections Board for condemnation of two (2) dangerous/substandard structures located at 914 S. Broadway St.; and 9306 Carlow Ln. [Richard Glass, Chief Building Official] Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date NOTICE OF PUBLIC HEARING ON DANGEROUS BUILDINGS You are hereby notified that the building(s)/structure(s) located at the below -referenced address(s) remains unfit for human use or habitation or is obsolete, dilapidated, or substandard, and is in violation of the City of La Porte Code of Ordinances Sec. 82-476. As such, a public hearing will be held during the City Council meeting on January 23, 2023, at 6:00 p.m., in the City of La Porte City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas, 77571. At this hearing, the Owner, Lienholder or Mortgagee will be required and has the burden to prove that the building is in compliance with the ordinances of the City of La Porte or, if the building is not in compliance, to submit the scope of any work showing the proposed method of obtaining compliance with such ordinances and a timeline detailing the how long it will take to reasonably perform the work. 1) 122 S. 16th St. (A-1 Real, Residential, Single Family) HCAD: 024-092-025-003 3 Legal Description: Lots 25 & 26, Blk. 725 Improvements: $ 10,313 as of January 1, 2022, per HCAD Taxes Owed: $ 6.196.07 Mowing/Clean-up: $ 0 no liens Utility Billing: $ 0 balance - active account 2) 3217 Clarksville (A-2 Real, Residential, Mobile Homes) HCAD: 079-083-008-0116 Legal Description: Lts. 116, 117, 118, & 119, Spencer Highway Estates Improvements: $ 7,313 as of January 1, 2022, per HCAD Taxes Owed: $ 4,313.61 Mowing/Clean-up: $ 0 no liens Utility Billing: $ 0 balance - not an active account 3) 9306 Carlow Ln. (A-2 Real, Residential, Mobile Homes) HCAD: 081-086-000-0080 Legal Description: Lt. 80, Blk. 5, Spenwick Place, Sec. 1 Improvements: $ 7,924 as of January 1, 2022, per HCAD Taxes Owed: $ 3,710.11 Mowing/Clean-up: $ 0 no liens Utility Billing: $ 0 balance- active account 4) 914 Broadway St. (F-I Real, Commercial) HCAD: 023-245-05 7-0023 Legal Description: Lts. 23 Thru 28, Blk. 157 & Trs D & E1 (Pt Aband Alley) La Porte Improvements: $ 110,982 as per January 1, 2022, per HCAD Taxes Owed: $ 0 Mowing/Clean-up: $ 1,164.00 Utility Billing: $ 0 balance - not an active account After considering all of the evidence presented at the public hearing, the City of La Porte City Council at its discretion may issue an order. Such order may require that the building(s)/structures(s) be vacated, secured, repaired, removed, or demolished by the owner, mortgagee, and/or lienholder within a reasonable time and that the occupants be relocated within the same. Any directives of the Council which are not fulfilled by the owner, lienholder, or mortgagee as ordered shall be performed by the City. If the City is forced to act, the cost incurred by the City to accomplish the ordered action will be billed to the owner, lienholder, and/or mortgagee. If the bill remains unpaid after the expiration of thirty days, a lien will be filed against the subject property to ensure further collection. In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable accommodation for persons attending public meetings. To better serve attendees, requests should be received three business days prior to the meetings. Please contact the City Secretary's Office at 281-470-5019 or City S ecretary@LaPorte TX. gov. 7020 0640 OOOlt 1922 8017 o REM ru Domestic 7020 0640 0001 1922 8024 nJru '' r Certified Mart Fes. J City of La Po $ Extra Services & Fees Ccheckb. ad ❑ Relurn Receipt (hardwpy) Ores as appropriate) DANGEROUS BUILDING IN $---- d i]Retum Receipt (efectrenicJ $ C7 ❑ Certified Mall Restricted Delivery $ 4 ❑ Adult Signature Required $ O Adult Signature Reslrleted Delivery $ ~— Postage-- $ �� d Total Postage and Fees DATE: d Sent To STREET ADDRESS: C, I��f1 5 &d W c StreefandApt . og©X o. "A ----- �1b�, 1 �--• ----------- 1 Gi -- State --21T------------ -- r OWNER: DEED OWNER: ' A.5 aln HCAD: 0a3_ -Doe LEGAL: `L OCCUPANCY TYPE: &n1\W A L4 % \ 14L - S "1 4 1 tzS I ZONING: L_le_ NON -CONFORMING ISSUES: I f� FACILITIES AVAILABLE: WATER: J SEWER: ELECTRICAL: ✓ GAS: NUMBER OF DWELLING UNITS: �lOAMU6'4 Qf VACANT: k OCCUPIED: l-el AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTIONS MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: SEC, 82-473. DECLARATION OF PUBLIC NUISANCE AND HAZARD A. Dangerous or substandard buildings or structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: Postmark Here X1; A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up. X 2: Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location. 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessaryfor the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse. 5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used. G. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts. 7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. _8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire -resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard. B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: 1. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended. 2. Whenever any installation or portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety. 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property, or safety. . Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the Building Code and/or Fire Code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: S i y LI B U I L -OF FICIA OFFICE DATE X 41e512Z FIR6 MARSHAL'S OFFICE DATE FIRE CHIEF'S OFFICE DATE OF .0 City of La Porte Planning and Development Department Established 1892 Teresa Evans, Director 04/13/2022 Waqas Kahn 12334 Ashford Hollow Dr. Sugarland, TX 77478-6176 RE: Building at: 914 Broadway, HCAD #023-245-057-0023 Dear Property Owner, Staff has inspected the building(s) referenced above and found it to be substandard. Our review of the structure revealed the building(s) to be a candidate as a possible dangerous building under City of La Porte Ordinance Section 82-471. As owner or agent of the property, the City is asking you to review the property/building(s) and contact City Staff if you have any questions about the proceedings. Members of the City's Board of Inspections consider the building(s) to be a possible dangerous structure and plan to take it to City Council for a presentation and subsequent public hearing meeting. Please contact our office with any questions you may have regarding this building or if you choose, we can provide a Voluntary Consent to Demolish Form for your use. Should you choose to sign the Consent Form, you may hire your own demolition contractor or ask that the structure be included with a group being bid by the City. If you have any questions, you may contact me at #281-470-5075 between 7:00 a.m. and 4:00 p.m. Monday through Friday. I can also be reached by email at G1assRglaportetx. oovv. Thank you for your assistance in addressing this matter. Respectfully, Richard Glass Chief Building Official City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development LaPorte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov 7020 0640 0001 192c = Ln Cc m ru City of La Por r DANGEROUS BUILDING IN! L7 C3 icr,eexo", srtrl lee es appropnere) ❑ Return Receipt (hardoopyr) '$ ❑ Return Receipt (electronic) $ Postmark El Certified Me€1 Restricted Del€very $ Hare ❑Adult Siunature Required $ [] Adult Signature Restricted Delivery $ DATE: ru $ � sent To i'Y1i111 �7 � $freet andApt. No., or Pox N©. ---------------- STREET ADDRESS: 50� CCu��l9 fin, criysrie:ziP+4� �`S��t----- ��.�i-_►!►: l c� -1`15 `14 n r ��. :rr r rr r.r.•r- OWNER: Q�1.I�4D �IGtiV i, t Man - DEED OWNER: 1��h ► �Iti P NwAtv HCAD: () 91, ()&(a — 000 - 1X0 Ffl LEGAL: W-. � j Iy . S� Sn�' h Lu %, t.L �p ia'ce I St..0 . OCCUPANCY TYPE: S (, VL-Cl ZONING: - NON -CONFORMING ISSUES: {`}� FACILITIES AVAILABLE: WATER: SEWER: ✓ ELECTRICAL: ✓ GAS: NUMBER OF DWELLING UNITS: I VACANT: OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTIONS MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACTA DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: SEC. 82-473. DECLARATION OF PUBLIC NUISANCE AND HAZARD A. Dangerous or substandard buildings or structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: 1: A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up. 2: Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location. 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse. S. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used. 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts. 7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. S. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire -resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard. B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: 1. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended. 2. Whenever any installation or portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety. 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property, or safety. 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the Building Code and/or Fire Code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: aACC-e-rau*3 btIlkAI BUILDING OFFICIAL'S OFFICE DA E X 7�5 22 FI E MARSHAL'S OFFICE DATE FIRE CHIEF'S OFFICE DATE OF A City of La Porte Planning and Development Department Established 1892 Teresa Evans, Director rg�e A. t 04/14/2022 Phillip Marler Jr. 9306 Carlow Ln. LaPorte, TX 77571 RE: Building at: 9306 Carlow Ln., HCAD 4081-086-000-0080 Dear Property Owner, Staff has inspected the building(s) referenced above and found it to be substandard. Our review of the structure revealed the building(s) to be a candidate as a possible dangerous building under City of La Porte Ordinance Section 82-471. As owner or agent of the property, the City is asking you to review the property/building(s) and contact City Staff if you have any questions about the proceedings. Members of the City's Board of Inspections consider the building(s) to be a possible dangerous structure and plan to take it to City Council for a presentation and subsequent public hearing meeting. Please contact our office with any questions you may have regarding this building or if you choose, we can provide a Voluntary Consent to Demolish Form for your use. Should you choose to sign the Consent Form, you may hire your own demolition contractor or ask that the structure be included with a group being bid by the City. If you have any questions, you may contact me at 4281-470-5075 between 7:00 a.m. and 4:00 p.m. Monday through Friday. I can also be reached by email at GlassRglaportetx.gov. Thank you for your assistance in addressing this matter. Respectfully, Richard Glass Chief Building Official City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development LaPorte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov DANGEROUS BUILDINGS RICHARD GLASS �,� � m �°�m�� ����� Received a permit application with drawings on 12/1/2022. Review comments were sent to the applicant on 12/6/2022. Certified letter for the council meeting sent on 1/6/2023. Property posted for the council meeting on 1/9/2023. Public hearing notice posted in the Bay Area Observer for the week of 1/9/2023 and 1/16/2023. ok R LOW LN CA.RLOW LP APPRAISED 33343 VALUE LAND VALUE 1 35653 BLDG VALUE 1 7423 LEGAL LT �0 BLK 5 DESCRIPTION 7 LEGAL SPENWICI{ PLACE DESCRIPTION 2 SEC I pa LEGAL DESCRIPTION 3 9306 CARLOW i t �1 17/08/2022 13:01 M Staff spoke with property owner on multiple occasions discussing requirements to bring his property into compliance between 11/17/2022 and 12/14/2022. Staff has not received any permits or any further communication from the property owner. Certified letter for the council meeting sent on 1/6/2023. Property posted for the council meeting on 1/9/2023. Public hearing notice posted in the Bay Area Observer for the week of 1/9/2023 and 1/16/2023. ORDINANCE NO. 2022-3906 AN ORDINANCE DECLARING BUILDING LOCATED AT LOTS 23, 24, 25, 26, 27, AND 28, BLOCK 157 AND TRACT D AND TRACT El (AND PART OF ABANDONED ALLEY) LA PORTE, HARRIS COUNTY, TEXAS, MORE COMMONLY KNOWN AS 914 S. BRAODWAY ST., LA PORTE, TEXAS, SAID BUILDING BEING IDENTIFIED AS ONE COMMERCIAL BUILDING, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT WAQAS KAHN, IS THE RECORD OWNER OF SAID PROPERTY; ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN FORTY- FIVE (45) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDINGS; ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL OF SAID BUILDING BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of LaPorte, passed and approved Section 82-472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, the Fire Marshal or his duly authorized representative; and WHEREAS, Section 82-474 (a) provides that: Whenever it shall come to the attention of the Board or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall make a thorough inspection of such building(s); and WHEREAS, Section 82-474 (e) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the Ordinance No. Page 2 building(s) upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and WHEREAS, it has heretofore come to the attention of the Board that the commercial building located at LOTS 23, 24, 25, 26, 27, AND 28, BLOCK 157 AND TRACT D AND TRACT E1 (AND PART OF ABANDONED ALLEY) LA PORTE, HARRIS COUNTY, TEXAS, and which is further described as 3217 CLARKSVILLE, Harris County, Texas, has become dangerous or substandard and thereby a public nuisance, as established in Section 82-473 of the Code of Ordinances of the City of LaPorte; and WHEREAS, said Board has heretofore made and filed its written report, dated APRIL 5, 2022, finding such building to be in fact a dangerous building; and WHEREAS, City Council received such report, and ordered notice to the record owner of said property that a hearing as provided in Section 82-477 of said Ordinance would be held at 6:00 PM on JANUARY 23, 2023, at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear further evidence for and against the conclusions of the Board; and WHEREAS, the City of La Porte has heretofore served notice upon said owner(s), by posting a notice on the subject property on or about JANUARY 9, 2023; and by registered mail, return receipt requested, which notice was mailed on JANUARY 6, 2023, a date more than ten (10) days before the date set for said hearing; furthermore, notice of the aforementioned public hearing date was published in the newspaper; and WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearings, at which time evidence was presented both for and against the conclusions of the Board, at which time the hearing was concluded; and Ordinance No. Page 3 WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the JANUARY 23, 2023, hearing, is required to make its decision in writing and enter its order; and WHEREAS, City Council entered its order on JANUARY 23, 2023, a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and orders of the City Council of the City of La Porte, based upon the evidence presented at said hearing. Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such commercial building to be a public nuisance, and orders such buildings condemned. Section 4. The City Council hereby finds, determines and declares that WAQAS KAHN is the record owner of the property on which the aforementioned primary residential dwelling is situated, and that as such record owner, the said individual has been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said WAQAS KAHN to entirely remove or demolish such commercial building including all slabs, parking bays and driveways, and further orders the said WAQAS KAHN to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete said removal or demolition within forty-five (45) days from the effective date of this ordinance. Ordinance No. Page 4 Section 6. The City Council hereby orders the Board of the City of La Porte to cause a notice of the dangerous, unsanitary condition of the building to be affixed in one or more conspicuous places on the exterior of said buildings, which notice or notices shall not be removed or defaced by any person, under penalty of law. Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner of said property and to any and all lienholders or mortgagees, by registered mail, return receipt requested; file a copy of this Ordinance in the office of the City Secretary; and, publish in the official newspaper of the city a notice containing: 1) the street address or legal description of the property, 2) the date of the public hearing, 3) a brief statement indicating the results of the hearing, and 4) instructions stating where a complete copy of this Ordinance may be obtained. Section 8. Should the said WAQAS KAHN not comply with the orders contained in this Ordinance relating to the removal or demolition of such building including all slabs, parking bays and driveways within forty-five (45) days after hereof, then the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said buildings to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said record owner of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said City shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building, and made lien thereon. Section 9. The City Council officially finds, determines, and recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and Ordinance No. Page 5 formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 23rd day of JANUARY 2023. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Lee Woodward, City Secretary APPROVED AS TO FORM: Clark T. Askins, Assist. City Attorney ORDINANCE NO. 2022-3902 AN ORDINANCE DECLARING BUILDING LOCATED AT LOT EIGHTY (80), BLOCK FIVE 5), SPENWICK PLACE, SECTION 1, HARRIS COUNTY, TEXAS, MORE COMMONLY KNOWN AS 9306 CARLOW LN., LA PORTE, TEXAS, SAID BUILDING BEING IDENTIFIED AS ONE PRIMARY RESIDENTIAL DWELLING, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT PHILLIP MARLER, JR., IS THE RECORD OWNER OF SAID PROPERTY; ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN FORTY-FIVE (45) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL OF SAID BUILDINGS BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of LaPorte, passed and approved Section 82-472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, the Fire Marshal or his duly authorized representative; and WHEREAS, Section 82-474 (a) provides that: Whenever it shall come to the attention of the Board or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall make a thorough inspection of such building(s); and WHEREAS, Section 82-474 (e) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the Ordinance No. Page 2 building(s) upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and WHEREAS, it has heretofore come to the attention of the Board that a primary residential dwelling located at LOT EIGHTY (80), BLOCK FIVE (5), SPENWICK PLACE, SECTION 1, HARRIS COUNTY, TEXAS, and which is further described as 9306 CARLOW IN., La Porte, Harris County, Texas, has become dangerous or substandard and thereby a public nuisance, as established in Section 82-473 of the Code of Ordinances of the City of La Porte; and WHEREAS, said Board has heretofore made and filed its written report, dated APRIL 25, 2022, finding such building to be in fact a dangerous building; and WHEREAS, City Council received such report, and ordered notice to the record owner of said property that a hearing as provided in Section 82-477 of said Ordinance would be held at 6:00 PM on JANUARY 23, 2023, at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear further evidence for and against the conclusions of the Board; and WHEREAS, the City of La Porte has heretofore served notice upon said owner(s), by posting a notice on the subject property on or about JANUARY 9, 2023; and by registered mail, return receipt requested, which notice was mailed on JANUARY 6, 2023, a date more than ten (10) days before the date set for said hearing; furthermore, notice of the aforementioned public hearing date was published in the newspaper; and WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearings, at which time evidence was presented both for and against the conclusions of the Board, at which time the hearing was concluded; and Ordinance No. Page 3 WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the JANUARY 23, 2023, hearing, is required to make its decision in writing and enter its order; and WHEREAS, City Council entered its order on JANUARY 23, 2023, a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and orders of the City Council of the City of La Porte, based upon the evidence presented at said hearing. Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building, being one primary residential dwelling, to be a public nuisance, and orders such buildings condemned. Section 4. The City Council hereby finds, determines and declares that PHILLIP MARLER, JR. is the record owner of the property on which the aforementioned building is situated, and that as such record owner, the said individual has been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said PHILLIP MARLER, JR. to entirely remove or demolish such primary residential dwelling including all slabs, parking bays and driveways, and further orders the said PHILLIP MARLER, JR. to commence such removal Ordinance No. Page 4 within ten (10) days from the effective date of this Ordinance, and to complete said removal or demolition within forty-five (45) days from the effective date of this ordinance. Section 6. The City Council hereby orders the Board of the City of La Porte to cause a notice of the dangerous, unsanitary condition of the building to be affixed in one or more conspicuous places on the exterior of said building, which notice or notices shall not be removed or defaced by any person, under penalty of law. Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner of said property and to any and all lienholders or mortgagees, by registered mail, return receipt requested; file a copy of this Ordinance in the office of the City Secretary; and, publish in the official newspaper of the city a notice containing: 1) the street address or legal description of the property, 2) the date of the public hearing, 3) a brief statement indicating the results of the hearing, and 4) instructions stating where a complete copy of this Ordinance may be obtained. Section 8. Should the said PHILLIP MARLER, JR. not comply with the orders contained in this Ordinance relating to the removal or demolition of such buildings including all slabs, parking bays and driveways within forty-five (45) days after hereof, then the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said buildings to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said record owner of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said City shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building, and made lien thereon. Section 9. The City Council officially finds, determines, and recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times Ordinance No. Page 5 during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 23rd day of JANUARY 2023. CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor ATTEST: Lee Woodward, City Secretary APPROVED AS TO FORM: Clark T. Askins, Assist. City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 23, 2023 Councilpersons Bentley, Requested By: Williams, and Helton Department: City Council • Report Resolution Ordinance Exhibits: Ordinance 2023-3911 Notice in Bay Area Observer Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: Yes • No SUMMARY & RECOMMENDATION At the January 9, 2023, regular meeting, City Council held a public hearing and approved Ordinance 2023-3911, an ordinance amending Chapter 106 "Zoning" of the Code of Ordinances of the City of La Porte, by amending regulations related to the High Frequency Truck Route (HFTR). Notice of the passage of this ordinance was published in The Bay Area Observer on January 12, 2023. An executed copy of Ordinance 2023-3911 is attached and shall be effective fourteen (14) days after passage and approval. A summary of the approved amendments follows: 1. Section 106-1: Add clarifying language to the HFTR definition. 2. Section 106-746: Add clarifying language. 3. Section 106-746: Add a table that lists the existing HFTR road segments. 4. Section 106-746: Add West "D" Street to the list of HFTR road segments. 5. Section 106-310- Table A, Footnote 6: Add clarifying language. Three (3) Council members have requested this item return for reconsideration of the addition of West D. Street to the High Frequency Truck Route (HFTR). ACTION REQUIRED BY CITY COUNCIL Presentation, discussion, and possible action to direct administrative staff to forward proposed amendments to Ordinance 2023-3911, an ordinance amending Chapter 106 `Zoning' of the Code of Ordinances of the City of La Porte by establishing regulations related to the designation of the high frequency truck route, to the La Porte Planning and Zoning Commission for review and recommendation. Approved for City Council Agenda Corby D. Alexander, City Manager Date AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING REGULATIONS RELATED TO DESIGNATION OF HIGH FREQUENCY TRUCK ROADS; 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; CONTAINING A SEVERABILITY CLAUSE; FINDING- COMPLIANCE WITH THE OPEN MEETINGS ACT; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 106, "Zoning," Article I. "In General", Section 106-1 "Definitions", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by revising the definition of "High Frequency Truck Road", and which definition shall hereinafter read as follows: Sec. 106-1. —Definitions. "High Frequency Truck Road means a road designated by the city intended to accommodate the heavy truck uses corresponding to eligible uses under the North American Industry Classification System (NAICS) and referenced in section 106-746 of this Chapter (Location of heavy truck uses)." Section 2: That Chapter 106, "Zoning," Article V. "Supplementary District Regulations", Division 2 "Accessory Buildings, Uses and Equipment" of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by revising Section 106-746 "Location of heavy truck uses", and which section shall hereinafter read as follows: "106-746. - Location of heavy truck uses. (1) For purposes of this chapter, those streets and thoroughfares within the corporate limits of the city which are enumerated below are hereby designated as high frequency truck roads. (2) Heavy truck uses generated from or within properties which are assigned NAICS use codes 484110, 484121, 484220, 484230 and 493 shall only be located directly adjacent to the right- of-way of designated high frequency truck roads, provided those uses comply with the underlying zoning classification applicable to the property. (3) Overnight parking of heavy trucks shall only be permitted on properties within the GC, MU, MSD and NC zoning districts adjacent to high frequency truck roads or in any BI, LI or HI zoning district. Route Extent State Highway 225 (including frontage roads) Entire extent within corporate limits New State Highway 146 (including frontage roads) Entire extent within corporate limits Barbours Cut Boulevard New State Highway 146 east to corporate limits 16th Street Barbour's Cut Boulevard south to Fairmont Parkway Fairmont Parkway New State Highway 146 to west corporate limits West Main Street New State Highway 146 to 16'"Street, and from Underwood Road to west corporate limits Underwood Road Entire extent within corporate limits Powell Road (S. 16111 Street) Fairmont Parkway south to 1700 block of Powell Road Export Drive From South 16'"Street to State Highway 146 South 10h Street From south of Export Drive to Wharton Weems BIvd. and McCabe Road connecting with State Highway 146. North Broadway From north of Barbours Cut Blvd. to North "L" Street. North "L" Street From west of North Broadway to North 61" Street North "J" Street From North 6"Street to west connecting with State Highway 146. North 8th Street Barbours Cut Boulevard to a point 300 feet north of the north right- of-way line of Barbours Cut Boulevard West "D" Street From South 16Ih Street, west to dead end at 1903 West D St. Section 3: That Chapter 106, "Zoning," Article III. "Districts", Division 1 "Generally", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by revising Section 106- 310 "Table A, Commercial & Industrial Uses", Footnote "6", and which footnote shall hereinafter read as follows: "Footnotes: 6 Must be adjacent to high frequency truck roads as designated in Section 106-746 of this Chapter." Section 4. 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 ($2,000.00). Section 5. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Council of the City of LaPorte, Texas, and each said provision would have been separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. Section 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 7. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section S. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance. PASSED AND APPROVED this the 9"' day of January 2023. ATTEST: CITY OF LA PORTE, TEXAS By: ,Louis R. Rigby, ° yor Q� LA: o� e odward , secretai A l�fix q 1t1��i COUN�`�• APPROVED AS TO FORM: Clark Askins, City Attorney :a'aRR AO� iSEgj sg= g g rPYl3xay S c c^ � C2 TI �m D� $ p O C c rn o --Iz mom n -------------------- j ofi,a Ysurn§ - 1 ..ey,rarNn. - Y�a� �9 � aY o9ou.ne«"' it •—'___—_ cy3 c{¢ 9q i ii � ' � Pry .. f .I 11, p• .... _'t ..... ' .;:C• t � � � ,II II it ,.�� /� 1 • m j I � j 00 4/` L9N39.n r- ...yN� � it .ear,• _.s _ _ .5}grMraeaN —"1 �� 1 i ,..., j � E I� a ,.,,•. ,,''` 6 1 i j S• .. , ql I 31 1 i I it 1 i • i/ ✓ I '6 l THURSDAY, JANUARY 12,20231 THE BAYAREA OBSERVER LEGAL NOTICES The City of La Porte Sealed Bid #23015 -Replacement of Two Polymer Tanks and Mixers will be accepted until 2:00 p.m. CST on Tuesday, January 31, 2023 at the City Hall infor- mation desk located at 604 W. Fairmont Pkwy., La Porte, Texas 77571. Solicitations will be opened and read immediately following the closing hour. Information to register and bid visit: www.publiwuwhase om. For questions, contact purchasing(dlaaoruIx.gov. The City of La Porte Sealed Bid #23016 -Wastewater Treatment Plant Clarifier Telescop- ing Valves Replacement Re -Bid, and Sealed Bid #23009 - Demolition and Debris Removal Services will be accepted until 2:00 p.m. CST on Thursday, February 02, 2023 at the City Hall information desk located at 604 W. Fairmont Pkwy., La Porte, Texas 77571. Solicita- tions will beopened and read aloud immediately following the closing how. For information to register and bid visit: www.publicpurchase.c m. For questions, contact VILL chasine(dtlao ortetx. eov. ORDINANCE NO. 2023-3911 - AN ORDINANCE AMENDING CHAFFER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING REGULATIONS RELATED TO DESIGNATION OF HIGH FRE- QUENCY TRUCK ROADS; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDE- MEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EX- CEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; CONTAINING SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS ACT; AND PROVIDING AN EF- FECTIVE DATE HEREOF. Passed and adopted by the La Porte City Council on January 9, 2023. NOTICE OF PUBLIC HEARING ON DANGEROUS BUILDINGS You are hereby notified that the building(s)/structure(s) located at the below -referenced address(s) rem unfit for human use or habitation or is obsolete, dilapidated, or substan- dard, and is in violation of the City of La Pone Cod, of Ordinances Sec. 82-476. As such, a public hearing will be held during the Ciry Council meeting on Sanuary 23, 2023, at 6:00 o.an_ in the C. of La Porte City Hall Counc6 Chambers, 604 W. Fair- mont Parkway, La Porte, Texas, 77571. At this hearing, the Owner, Lienholder or Mort- gagee will be required and has the burden to prove that the building is in compliance with the ordinances of the City of La Porte or, if the building is not in compliance, to submit the scope of any work showing the proposed method of obtaining compliance with such ordi- nances and a timeline detailing the how long it will take to reasopably perform the work. 1) 122 S. 16th St. (A-1 Real, Residential, Single Family) HCAD: 024-092-025-0033 Legal Description: Lots 25 & 26, Elk. 725 Improvements: $ 10,313 as of January 1, 2022, per HCAD Taxes Owed: $ 0 Mowing/Clean-up: $ 0 no liens Utility Billing: $ 0 balance- active account 2) 3217 Clarksville (A-2 Real, Residential, Mobile Homes) HCAD: 079-083-008-01 16 Legal Description: Lts. 116, 117, 118, & 119, Spencer Highway Estates Imro pvements: $ 7,313 as of January 1, 2022, per HCAD Txes Owed: $ 0 Mowing/Clean-up: $ 0 no liens Utility Billing: $0balance - not an active account 3) 914 Broadway St. (F-1 Real, Commercial) HCAD: 023-245-057-0023 Legal Description: Lts. 23 Thm 28, Elk. 157 & Trs D & El (Pt AbandAlley) LaPorte Improvements: $ 110,982 as per January 1, 2022, per HCAD Taxes Owed: $ 0 Mowing/Clean-up: $ 175.00 (Open Invoice) Utility Billing: $0balance - not an active account 4) 93at Carlow Ln. (A-2 Real, Residential, Mobile Homes) HCAD: 081-086-000-0080 Legal Description: Lt.80, Elk. 5, Spenwick Place, Sec. 1 Improvements: $ 71924 as of January 1, 2022, per HCAD Taxes Owed: $ 3,790.46 Mowing/Clean-np: S 0 no liens Utility Billing: S 0 balance -active account After considering all of the evidence presented at the public hearing, the City of La Porte City Council at its discretion may issue an order. Such order may require that thebuilding(s)/ Samctures(s) be vacated, secured, repaired, removed, or demolished by the owner, mortgag- and/or lienholder within a reasonable time and that the occupants be relocated within the same Any directives of the Council which are not fulfilled by the owner, lienholder, or mortgagee as ordered shall be performed by the City. If the City is forced to act, the at incurred by the City N accomplish theordered action will be billed to the owma lienholdeq and/or mortgagee. If the bill remains unpaid after the expiration of thirty days, a lien will be filed against the subject property to ensure further collection. In compliance with the Americans with Disabilities Act, the City of La Pone will provide for reasonable accommodation for persons attending public meetings. To better serve at- tendees, requests should be received three business days prior to the meetings. Please con- tact the City Secretary's Office at 281-470-5019 or Citysecrewry@,LaPorteTX.gov. NOTICE OF PUBLIC HEARING OF THE ZONING BOARD OFADJUSTMENTS ON VARIANCE REQUEST #22-93000007 Notice is hereby given that the La Pane Zoning Board of Adjustments will conducts public hearing at 6:00 P.M. on the 26th day of January, 2023, in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas, in accordance with the provisions in Section 106-171 of the City of La Porte Code of Ordinances and the provisions of theTexas Local Government Code. The purpose of the public hearing is to receive public input on Variance Request #22- 93000007, a request by Martin Armando Macias -Gonzalez, applicant, and owner, furs vari- oe to allow to allow for a front yard fence, on a tract of land located at 9601 Belfast Ln. and legally described as Lot 240, Block 14, Spenwick Place Section 2, Harris County, TX Following the public hearing, the Zoning Board of Adjustments will act upon the public hearing item and conduct other matters pertaining 0 the Board. Citizens wishing to address the Board pro or con during the public hearing are required to sign in before the meeting is convened. A quorum of City Council members may be present and participate in discussions during this meeting; however, no action will be taken by the Council. In compliance with the Americans with Disabilities Act, The City of La Porte will provide far reasonable accommodations for persons attending public meetings. To better serve at- tendees, requests should be received three (3) business days prior to the meetings. Please contact the Planning Department, at 281-470-5057. Subscribe BayAreaObserver.com orea 'I I NOTICE TO BIDDERS The City of Morgan's Point is now seeking competitive bids for the Morgan's Point Public Works Operation Buildings and Site Work k Improvements project. All sealed bids shaft be submitted including one (1) marked original and one (1) duplicate on the original forms and clearly marked with bid number and description. Bids will be received at City Hall 510 Bayridge Rd, Morgan's Point, TX, 77571 until 2:00 p.m- Central Stan- dard Time on Tuesday, February 7, 2023. The bids will be opened and publicly read in the Council Chambers immediately after the closinghourf thebidson said date. Each bidmustbe submitted in a 9"x12"envelopeand ccompanied by Cashier's Check or Bid Bond, duly executed, in the amount of not less than five (5 -1.) percent of the bid. Plans and bid documents can be found at wwwcivcastum.com. No late bids will be considered Forms furnished by the City of Morgan's Point may be obtained without deposit from Civ- Castusa.wm. Bidden; must register on this website in order to view and/or download speci- fications and plans for this project A Non -Mandatory pre -bid conference will be held on January 18, 2023, at 2:00 P.M at City Hall 510 Bayridge Rd, Morgan's Point, TX, 77571. Questions deadline is January 31, 2023 at 4:30 PM. The City of Morgan's Point hereby notifies all bidders that minority business enterprises will be afforded equal opportunities 0 submit bids in response to this invitation and will cot be discriminated against on the grounds of me, color, sex, age, religion or national origin n consideration for an award. The City reserves the rightto reject any and/or all bids, to waiveany and/orall technicalities and to accept any bid or part thereof, which in the opinion of the city council, is most advan- tageous to the City. In case of ambiguity or lank of clearness in stating the prices in the bid, the City reserves the right to consider the most advantageous bid thereof or to reject the bid. GENERACr $0 MONEY DOWN + LOW MONTHLY PAYMENT OPTIONS L. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 23, 2023 Requested By: Lee Woodward Department: City Secretary's Office Report Resolution rt Ordinance Exhibits: Proposed Ordinance 2023-3910 Appropriation Source of Funds: General Fund Account Number: 6067-510-6004 Amount Budgeted: $30,000 Amount Requested: $30,000 Budgeted Item: �*' Yes No SUMMARY & RECOMMENDATION The Texas May uniform election date falls on May 6, 2023. As provided for by law and in the City Charter, the City will hold a general election for a Councilperson At -Large Position B, a Councilperson-District 1, and a Councilperson-District 6. Ordinance 2023-3910 is to call/order the City's May 6, 2023, general election and any runoff, if needed. Friday, February 17, 2023, is the deadline to order a general election or a special election on a measure for the May 6, 2023, uniform election date. (Per Section 3.007 of the Texas Election Code, failure to order a general election does not affect the validity of the election, however, proper and timely ordering is highly recommended and most appropriate.) The City Secretary's Office recommends adoption of Ordinance 2023-3910 ordering the May 6, 2023, general election for the City of La Porte. ACTION REQUIRED BY CITY COUNCIL Adopt Ordinance 2023-3910, calling the May 6, 2023, general election for the City of La Porte, for the purpose of electing a Councilperson At -Large Position B, a Councilperson-District 1, and a CounciIperson -District 6. ORDINANCE 2023-3910 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, ORDERING A REGULAR MUNICIPAL ELECTION TO BE HELD ON THE 6TH DAY OF MAY 2023; DESIGNATING THE PLACES AND MANNER OF HOLDING THE ELECTION; PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE; PROVIDING A SAVINGS CLAUSE; PROVIDING AN OPEN MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, The City of La Porte will hold a regular municipal election for the election of City Council member positions designated as Councilperson At -Large Position B, Councilperson-District 1, and Councilperson-District 6, on the May 6, 2023, uniform election date; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, THAT: SECTION 1. The regular municipal election of the City of La Porte, Texas, for election of members of the City Council as prescribed by Section 2.03 of the City Charter, shall be held between seven o'clock (7:00) a.m. and seven o'clock (7:00) p.m. on the 6' day of May 2023, in the city, for the purpose of electing Councilperson At -Large Position B, a Councilperson-District 1, and a Councilperson-District 6. A runoff election will be held, if necessary, between seven o'clock (7:00) a.m. and seven o'clock (7:00) p.m. on Saturday, June 17, 2023. SECTION 2. The City is hereby divided into six (6) election precincts, corresponding to the boundaries of the six City Council single -member districts. The boundaries of such districts are as established, defined, and outlined in Ordinance 2011-3384. The polling places for these election precincts shall be as follows: Precinct/District Polling Location 1, 2, 3, and 6 LPISD's ITC Building, 9832 Spencer Highway, La Porte, 77571 4 and 5 City of La Porte City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, 77571 SECTION 3. This election shall be held in accordance with, and shall be governed by, the election laws of the State of Texas. The City Council has determined, pursuant to Chapter 271 of the Texas Election Code, that the City is authorized to enter into a Joint Election Agreement with the La Porte Independent School District (LPISD), and other participating political subdivisions for this election. The City Secretary and Mayor are hereby authorized to perform all duties and take all actions as required by any election services contract(s) and/or joint election agreement(s) that may be authorized by the City Council. SECTION 4. Any eligible and qualified person may have his or her name placed upon the official ballot as a independent candidate by submitting an application, which, in accordance with Texas Election Code Section 141.031, must be in writing and be signed and sworn to by the candidate and indicate that the candidate swears to the application. Such application for the general election may be filed with the City Secretary beginning on January 18, 2023, and must be filed not later than 5:00 p.m. on February 17, 2023. Candidate filings will be accepted in the office of the City Secretary, 604 West Fairmont Parkway, La Porte, Texas, 77571, from 8 a.m.- 5 p.m. Monday through Friday. SECTION 5. The positions of Councilperson At -Large Position B, a Councilperson-District 1, and a Councilperson-District 6 shall each be elected and installed with the candidate that receives a majority of all the votes cast for the office for which he or she is a candidate and shall hold office for a period of three (3) years. SECTION 6. Each candidate for the office of Councilperson At -Large Position B must be a resident of the City for twelve (12) months immediately preceding election day. Each candidate for the office of Councilperson-District 1 and Councilperson-District 6 must be a resident of the City for twelve (12) months immediately preceding election day and must also be a resident of the district for which he or she files for twelve (12) months immediately preceding election day, in accordance with Section 2.02(a) of the City Charter. SECTION 7. Lee Woodward, City Secretary, is appointed as the Early Voting Clerk, and Sharon Harris, Deputy City Secretary, is appointed as the Deputy Early Voting Clerk, for the joint early voting in person and voting by mail, and the City of La Porte City Hall, City Council Chamber, 604 West Fairmont Parkway, La Porte, Texas, 77571, is hereby designated as the Main Early Voting Location for early voting for the election. Applications for ballot by mail shall be mailed, faxed, emailed, or delivered by common or contract carrier to: Lee Woodward, City Secretary City of La Porte 604 West Fairmont Parkway LaPorte, Texas 77571 Phone: 281470-5021 Fax: 281-842-3701 Email CitySecretary@LaPorteTX.gov City website: LaPorteTX.gov Election webpage: LaPorteTX.gov/Elections or /Elecciones who shall upon approval of the application provide balloting materials to the voter in accordance with the Texas Election Code. The places at which Early Voting by personal appearance shall be conducted are designated as the La Porte City Hall, 604 West Fairmont Parkway, La Porte, Texas, (main early voting polling place), and the Instructional Technology Center (ITC Building), 9832 Spencer Highway, La Porte, Texas, (branch early voting polling place). During the lawful early voting period, such Early Voting Clerk shall keep such locations for early voting open for early voting on weekdays from 8:00 a.m.-5:00 p.m., beginning Monday, April 24, 2023, and continuing through Tuesday, May 2, 2023. An applicant for a ballot to be voted by mail (ABBM or FPCA) may submit the application by delivering it in person to the early voting clerk if the application is submitted not later than the close of regular business in the clerk's office on Tuesday, April 25, 2023 (Texas Election Code Sec. 84.008). The last day for the early voting clerk to receive applications for a ballot to be voted by mail via mail (regardless of postmarked date), fax, common or contract carrier, or email, is Tuesday, April 25, 2023, (Texas Election Code Sec. 84.007(c)). If a voter submits an application for ballot by mail via fax or email, the Early Voting Clerk must receive an original or a copy with a wet signature via mail within four (4) business days of the submission of the fax or email, (Texas Election Code Sec. 84.007(b-1)). SECTION 8. Voting at said election, including early voting, shall be by the use of voting machines; and the ballots of said election shall conform to the Texas Election Code, as amended. The City Secretary is hereby authorized to obtain, or cause to be obtained, the necessary electronic tabulating equipment, to arrange for the testing thereof as provided by law and to employ a duly qualified manager and a duly qualified tabulation supervisor to perform the duties respectively imposed on them by law with respect to the processing and tabulation of ballots at the Central Counting Station. SECTION 9. The City Secretary of the City of La Porte shall issue notice of said election to be published one time in The Bay Area Observer, which is hereby found and declared to be a newspaper of general circulation in said City, not less than ten (10) days nor more than thirty (30) days prior to the date of the said election; in addition, notice of said election shall be posted on the bulletin board in City Hall not later than the twenty-first (21s) day before election day and remain posted thorough election day. SECTION 10. The Mayor and/or the City Secretary of the City of LaPorte are hereby authorized to execute and/or issue, for and on behalf of the City, such orders, documents, and forms as may, from time to time, be promulgated by the Secretary of State of the State of Texas in conjunction with the election herein ordained. SECTION 11. Each and every provision, paragraph, sentence and clause of this ordinance has been separately considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been separately passed without any other provision; and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. SECTION 12. 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 Texas open meetings law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. SECTION 13. This ordinance shall be in effect immediately upon its passage and approval. PASSED AND APPROVED, this day of January, 2023. ATTEST: Lee Woodward, City Secretary CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor APPROVED AS TO FORM: Clark T. Askins, Assistant City Attorney