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HomeMy WebLinkAbout1950-10-19 Regular Meeting__._ l~~n xuIri UTF,S - REGULAR ".~EF.'TIIuG LA PJRTE CITY COMNfISSIC~i - OCTOEEit 19,1950 10:00 A. hi. Regular meeting of the City Commission was called to order by Mayor H. J. Pfeiffer, with the following memb ers and city officials present: Commissioners Jas. S. Crate, Jr., And YPm. P. Jones, City Attorney Carl C. Patrick, Supt. of Public forks Raleigh Erwin, and J.E. ?~uldoon, Gity Clerk. Minutes of the last meetings were read and approved. Cdr. C. J. Lefferty, District .Manager, and W. E. Hornbucklc, Jr., representing the Southwestern .Bell Telephone Company, appeared before the Commission in con- nection with their application for an increase in their telephone rates. After much discussion, the Commission instructed the City Clerk to have p~iblished a legal notice for a public hearing on the matter at their next r egular meeting November 2, 1950, at 10:00 o'clock A. M. Mr. Carl C. Patrick, City Attorney, read a: letter from the. Bureau of the Cen- sus, in which the City of Houston relinquished that part of the Spencer Highway strip East of Center Street, and ?"lest of the G. H. and S. A. Railroad. The Ccmmissior. ordered this letter ~~rritten into the minutes, and letter filed. DEPARTMENT OF COPJIltRfftCE BUREAU flF T?3E C `y 'SUS ?VASHINGTON 25 October 13, 1950 Mx. Carl C. Patrick La Ports City Attorney Pasadena, Texas Dear hex. Patrick: You will recall that last week Mr. ?Yilliam T. Fay of the Geography Division of the Bureau of the Census called you concerning the .conflicting information ire had received relative to the status of that part of the so-ca11~d Spencer Highway Strip east of Genter Street and west of the G. H. ;u S. A. R. R. You gave Mr. Fay additional information concerning this strip axed asked that we inform you of our final findings in regard to this `arc a. On the basis of the information furnished Nr. Fay by you and by ".4r. Herman ~. ~.riead, an Assistant Gity Attorney for the City ofriouston, we are crediting the area described above to the city of La Porte, and the inhabitants of this area will be counted as residents of La Porte in the final Census publications. This decisian is based upon the following information: 1_uir. Mead advised lair. Fay that the claims of Houston to the Spencer High;rray Strip extended on the east to Center Street and not beyond. ~A.r. ".Read stated that under Texas laws. the first of tPro cities taking legal action to acquire ar. area (legal action includes first passage of the ordinance annexing the area) acquires, ......... ................... . i,--~. .-:>, ~ ~ ~ ~ in effect, an "option" do the area that cannot be circumvented by another city. In the case in question, La Porte established first claim to that part of the Spencer tiy~iway Strip east of Center Street on ~evtember 13, 19119, with the first passing of an ordinance including; this area. Houston had previously prepared an annexation ordina.*ice which wa.s subsequently amen- ded on numerous occasions. This ordinance did not include tiYe Spencer highway Strip until: the fifth heading on October 2~, 151,9. As precedent for his statements, :~trr. ~~,+e ad cited a s uit bet~geen the city of :'hest University Place and the city of Houston and 17b South ?Nestcrn Reporter, Second Series, Tf~:a:s, Pagc 92R, ~rhicl_ states "!~. Municipal corporation Key 33 (1) The home-rule city which first co:rm~nces legal pro- ceedings ascrting authority over a given territory t,hercby accuir~s ~uri~,diction over the territory, which cannot there- after be defeated by a subsequent attempted annexation. of the territory by a si~nilar ci y . Vernon' s Ann. St. Const. Art. II, Section 5." Mr. Fay states that he discussed this muter wits. you anal th:zt you indicated agree wont with t~2r. ~.iead's statements. 1~e wish to thank you for your cooperaticn in supplying informa- tion required to resolve this problem. Sincerely yours, RGY V. PEEL Director Bureau a f the Census F:goticn b~~r Jones, second by Crate, to pay "~~oore ~: ^Ioore, Contractors, monies being held undt~^ Suit No. K9-208A upon receipt of a vmitten opinion from the City Attorney recommending them to do so. Carried". Cdr. Fran'.t G. Baker, President of. thF La Porte-Bayshore Chamber of Commerce, appeared before the Commission and spoke of the financial problems of this organization. The request was made by 1Rr. Faker for the City to support the sum of '1200.00 per year. After disnussion, the P~ayor instructed the City Clerk to add :800.00 to the proposed budget fcr this item. ~dotion by Jones, second by Crate, that Ordinance No. 366C, being AP' C~RDINAP3CE Ai1+IENDING t)RDIl!~ AJCE PdJ. 366 aF THE r,ITY OF LA YORTE, TEXAS RE~UIRIiv'G A BSILUIPIG PI~IiMIT F'~ BA:.?~ ON Tt~10 CFN TS PL'R S~UAI?F TOOT FOR FLOOR SPACL Ut1D~. COV~AGE I?'d LIEU OIL' Th'E Or1T DOLLAR PERMIT FF.F R~UIRED IN S ~1ID ORI;I:~? ANCE, be adopted as read. Carried. ,.q,, ... , :., • ?,p Motion by Jones, second by Crate, that Ordinance No. 1t01~, being AN ORDINANCE PROMULGATING AND PRESCRIBING RULES AND REGULATIONS FbR HOUSE MOVING WITHIN THE CORPCYtATE LIMITS OF THE CITY OF LA PORTE, TEXAS; REQUIRING A LICENISE FOFt. THOSE ENGAGED IN HOUSE MOVING, A FEE TO BE PAID FOR SUCH LICENSE; AND FURTHER REQUIRIl~iG A Pfft!~T TO BE ISSUED BY THE CITY PRIOR TO THE MOVING OR REidOVAL OF ANY HOUSE WITHIN THE C CfftPCRATF LIMITS OF SAID CITY AND FURTHF~ PRESCRIBING A NEED FOR SUCH PERMIT PROVIDING FOR A FINE OF NOT LESS THAN FIFTY DOLLARS NOR MORE THAN TYPO HUNDRED DOLLARS FCR VIOLATIt~1 OF ANY OF THE RULES AND RDf~ULATICNS HEREBY PRESCRIBED AND PROMULGATID, EACH DAY OF VIOLATION CONSTITUTING A SEPARATE OFFF~TSE OF T HIS ORDINANCE AND REPEALING ALL ~DINANCES OR PORTIQdS THEREOF IN CCY+t1FLICT HERE~ItITH, be adopted as read. Carried. Motion by Jones, second by Cf'ate, that Ordinance No. lt05, being AN ORDINANCE REQUIRING EY~RY OGYIdER OF ANY TRACT OF LAND SITUATID WITHIN THB CORPORATE LIMITS OF THE CITY, WHO MAY HEREAFTER SUBDIVIDE THE SANE INTO TYPO ~ MORE PARTS FCR THE PURPOSE OF LAYING OUT OF ANY SUBDIVISION TO HAVE A PLAT OF SUCH SUBDIVISION FILED WITH THE CITY CLERK AND APPROVED BY THE CITY CA~tISSIC~t AT A REGULAR SESSION, be adopted as read. Carried. Upon motion by Janes, second by Crate, this meeting was recessed at 2:00 o'clock P. M., subject to call of the 3[a3-or. Carried. Nov~taB~ 2, 1950 9:1~5 A. M. The Ys~yor called to order the. meeting which was recessed at 2:00 o'clock P. M., October 19th, 1950, with the following members and city of2`lcials present: Commissioners Jas. S. Crate, Jr., and 1Pm. P. Joaea, City Attorney Carl C. Patrick, Supt. of Public 1Parks Raleigh ErRin, and City Clerk J.E. 1[uldoan. Upon mat ion by Crate, second by Jones, the meeting ad3ourned. Carried. TTEST: ~- , b[uldoon, ity rk o t f a Porte, Te a ~~