HomeMy WebLinkAbout1971-11-15 Regular Meeting~~
MINUTES - REGULAR MEETING
• OF THE
LA PORTE CITY COMMISSION, LA PORTE, TEXAS
NOVEMBER 15, 1971
7:00 P.M.
MEMBERS OF THE COMMISSION PRESENT: Mayor H. Carlos Smith,
Commissioners E. A. Thomas, I. J. Kibodeaux, G. E. Sampson
and H. Gould Crofoot.
MEMBERS OF THE COMMISSION ABSENT: None.
OTHER CITY OFFICIALS PRESENT: Dick Brown, City Administrator;
Virginia Cline City Clerk; Knox Askins, City Attorney;
Robert Cline, ~irector of .Public Works; H. F. Freeman,
Chief of Police and Jack Oliphant, Fire Chief.
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PRESIDING: Mayor Smith.
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Invocation was offered by Commissioner Thomas.
1. Motion by Comm. Thomas, seconded by Comm. Crofoot
to approve the minutes of the regular meeting of
November 1, 1971 as presented. Motion carried
by the following vote:
AYES: Commissioners Thomas, Kibodeaux, Sampson
and Crofoot.
NAYS: None.
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2. Mayor Smith opened the Public Hearing on the
• proposed annexation of the following areas:
Tract 1 - An area containing 664 acres lying
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Regular Meeting 11/15/71 - continued
between La Porte and Lomax, bounded on the
North by Highway 225, South by Spencer
Highway and as defined in Ordinance No.f399•
Tract 2 - Right-of way for New Highway 1~6,
as defined in Ordinance No. 900.
It was ascertained that a public notice of
this meeting was published in the official
newspaper of the City on November 4, 1971.
Mayor Smith stated that proponents of the
annexation would be permitted to speak
first and then any opponents would be per-
mitted to speak.
Mayor Smith asked if anyone wished to speak
on the annexation of Tract 1.
The following residents of the area spoke in
opposition to the annexation:
Mr. Dennis Skarda, Mr. Jack Briggs, Mrs. Bernice
McCloud, Mr. James Crowder and Mr. James Brannen.
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Mayor Smith asked if there were any further
comments on the annexation of Tract 1, and
there being none, declared the hearing on.
Tract 1 closed and asked if anyone wished
to apeak on the annexation of Tract 2.
Mayor Shell E Martin of Shoreacres addressed
the Commission and read a letter stating the
City of Shoreacres objections to the annexation.
(See Exhibit A)
Mayor Smith asked if there were any further
comments on the annexation proceedings, and
there being none, declared the public hearing
closed.
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3. Motion by Comm. Crofoot, seconded by Comm. Sampson
to call a special meeting for November 29, 1971
to finalize annexation proceedings. Motion
carried by the following vote:
AYES: Commissioners Thomas, Kibodeaux, Sampson
and Crofoot.
N~.YS: None.
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Regular Meeting 11/15/'71 - continued
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4. Mr. Phil whitbeck, President of the La Porte
Bayshore Neighborhood Center addressed the
Commission in regards to a work training
program available to the area. Mr. Whitbeck
outlined the program and stated that area
companies and NASA would be asked to assist in
the program and would cooperate by employing
participants. He asked the city's permission
to use the old building at the Northside
Civic Center as classrooms.
Mayor Smith asked Mr. Whitbeck to submitt
his request in writing and the Commission
would take it under advisement.
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5. Motion by Comm. Sampson, seconded by Comm. Kibodeaux
to adopt Ordinance No. 902 as read. Motion
carried by the following vote:
• AYES: Commissioners Thomas, Kibodeaux, Sampson
and Crofoot.
NAYS: None.
CAPTION:
AN ORDINANCE APPOINTING ROBERT J. MONTGOMERY
AS PROSECUTING ATTORNEY IN THE CITY OF LA PORTE
MUNICIPAL COURT; APPOINTING JOYCE SEASE AS
ASSISTANT CITY CLERK AND CLERK OF THE MUNICIPAL
COURT; AND PROVIDING AN EFFECTIVE DATE HEREOF.
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6. Motion by Comm. Thomas, seconded by Comm. Sampson
to adopt Ordinance No. 903 as read. Motion
carried by the following vote:
AYES: Commissioners Thomas, Kibodeaux, Sampson
and Crofoot.
NAYS: None.
CAPTION:
• AN ORDINANCE PRESCRIBING RATES FOR LA PORTE
TAXI COMPANY; CONTAINING A SAVINGS CLAUSE AND
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A REPEALING CLAUSE; PROVIDING THAT ANY PERSON
VIOLATING THE TERMS OF THIS ORDINANCE SHALL
BE DEEMED GUILTY OF A MISDEMEANOR AND UPON
CONVICTION SHALL BE FINED IN ANY SUM NOT
MORE THAN TWO HUNDRED 0200.00) AND EACH DAY
OF VIOLATION SHALL BE DEEMED A SEPARATE
OFFENSE; AND PROVIDING AN EFFECTIVE DATE HEREOF.
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~. Motion by Comm. Kibodeaux, seconded by Comm. Thomas
to adopt Ordinance No. 904 as read. Motion
carried by the following vote:
AYES :• Commissioners Thomas, Kibodeaux, Sampson
and Crofoot.
NAYS: None.
CAPTION:
AN ORDINANCE PRESCRIBING STANDARDS FOR CONCRETE
USED IN THE CONSTRUCTION OF DRIVEWAYS, SIDEWALKS
AND PATIOS; PROVIDING THAT ANY PERSON VIOLATING
• THE TERMS OF THIS ORDINANCE SHALL BE DEEMED
GUILTY OF A MISDEMEANOR AND UPON CONVICTION. SHALL
BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED
DOLLARS(~200.00) AND EACH DAY OF VIOLATION SHALT
BE DEEMED A SEPARATE OFFENSE; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
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8. Motion by Comm. Kibodeaux, seconded by Comm. Thomas
to postpone for additional study the construction
of water and sewer lines in Fairmont Park West.
Motion carried by the following vote:
AYES: Commissioners Thomas, Kibodeaux, Sampson
and Crofoot.
NAYS: None.
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g. Motion by Comm. Kibodeaux, seconded by Comm. Crofoot
• that the City Administrator be authorized to
formulate a contract, for Commission approval,
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Regular Meeting 11/15/'71 - continued
• with O'Meara-Rush Properties for the purpose
of providing water and sewer service to their
proposed development. Motion carried by the
following vote:
AYES: Commissioners Thomas, Kibodeaux, Sampson
and Crofoot.
NAYS: None.
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10. Jack Oliphant addressed the Commission in regards
to bids received on two mobile unit radios for
the fire department. Mr. Oliphant stated he
would recommend accepting the bid from Motorola
even tho it was the highest bid, since the other
bids received did not meet specifications. He
also pointed out the excellant service and low
maintainence experienced with Motorola units
in city vehicles.
Motion by Comm. Crofoot, seconded by Comm. Sampson
to accept the bid of X1,624.30 from Motorola for
• two mobile unit radios for the :Fire Department.
Motion carried by the following vote:
AYES: Commissioners Thomas, Kibodeaux, Sampson
and Crofoot.
NAYS : :!done .
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11. Motion by Comm. Crofoot, seconded by Comm. Kibodeaux
to reject all bids received on two patrol cars,
as they did not meet specifications, and to re-
advertize for bids on December 6, 19`71 at 12:00
noon. Motion carried by the following vote:
AYES: Commissioners Thomas, Kibodeaux, Sampson
and Crofoot.
NAYS: None.
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12. Motion by Comm. Kibodeaux, seconded by Comm. Crofoot
• to ratify the employment of H. P. Pfeiffer as
special consultant on industrial district contracts.
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Regular Meeting ll/15/'71 - continued
Motion carried by the following vote:
AYES: Commissioners Thomas, Kibodeaux, Sampson
and Crofoot.
NAYS: None.
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13. Motion by Comm. Thomas, seconded by Comm. Kibodeaux
to ratify payment of $5,289.28 to Stewart Title
Company and $75.00 to Jim Counts for survey work
on lots 13, 14 and north ten feet of lot 15,
block 39, Town of La Porte, said lots to be
used as a parking lot for city employees.
Motion carried by the following vote:
AYES: Commissioners Thomas, Kibodeaux, Sampson
and Crofoot.
NAYS: None.
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14. Motion by Comm. Sampson, seconded by Comm. Kibodeaux
that the meeting be adjourned. Motion carried.
The meeting of the City Commission was adjourned at 9:55 P.M.
Approved this the 6th day
o'f December, 19'71
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H. Carlos Smith, Mayor
Vi ginia Cline, City Clerk
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CITY OF SHOREACRES
• PHONE 471-2244
619 SHOREACRES BLVD.
LA PORTE, TEXAS 77571
November 15, 1971
To: Mayor and City Commissioners
City of La Porte, Texas
Subject: Comments on Proposed Annexation Action Set Forth in
City of La Porte Ordinance No. 900
the City of Shoreacres firmly opposes the annexation of the new State
Highway 146 right-of-way as proposed in subject ordinance. We take this
action as a directly interested party because part of the area proposed
for annexation lies within the extraterritorial jurisdiction of the City
of Shoreacres. Our position on the matter was clearly stated in City of
Shoreacres Resolution No. 94, passed and approved on December 14, 1970,
which states i n part, "the C i ty Counc i 1' of the C i ty o~f Shoreacres does
not accept the position stated by the City of La Porte that La Porte has
exclusive extraterritorial jurisdiction to the northern portion of the
District", meaning the Bayshore Municipal Utility District. A part of the
area described in the subject ordinance lies within the District. A
copy of City of Shoreacres Resolution No. 94 was formally transmitted to
you at time of passage.
The City of Shoreacres does not desire to impede any action that is in
the best interests of the residents of La Porte or any adjacent unincorp-
orated area, and stands ready to negotiate where there is a valid claim
for action in the general public interest. However, since the State
Highway right-of-way will provide no tax revenue to the City of La Porte
and contains nonresidents, we fail to see how your proposed annexation
action could promote health, safety and the general welfare, which is
the fundamental purpose of incorporation. A legalistic reason can be
seen for your annexation of that part of the right-of-way which lies
within the new utility district covering the Weems tract, and we raise
no objection to such action. Totally different circumstances apply to
that part of the right-of-way located South of McCabe Road, and I must
recommend that the City of Shoreacres move for court action on the
question if you proceed with annexation action on such part.
Article 970a, Section 3A, Vernon's Annotated Civil Statutes of Texas,
the Municipal Annexation Act which became effective August 23, 1963,
provides that the extraterritorial jurisdiction of the City of Shoreacres
consistsaof all the unincorporated area, not a part of any other city,
within one half mile of the corporate limits. The same section makes
® clear that the extraterritorial jurisdiction of the City of La Porte is
EXHIBIT "A"
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CITY OF SHOREACRES
PHONE 471-2244
• 619 SNOREACREB BLVD.
LA PORTE. TEXAS 77571
Page 2
To: Mayor and City Commissioners
City of La Porte, Texas
Subject: Comments on Proposed Annexation Action Set Forth in
City of La Porte Ordinance No. 900
restricted to the "contiguous unincorporated area, not a part of any
other city." The territory described in your Ordinance No. 900 begins
at "the North right-of-way line of West "0" Street, said line also
being the South line of the existing city limits of the City of La Porte"
and extends to "the North city limits of the City of Shoreacres." It is
obvious that the line described in your ordinance extends much more than
the one mile and thus violates the limitations set forth in the Municipal
Annexation Act. I call your attention to another provision of the det
which is germane to the question. "In no event shall the expansion of
the extraterritorial jurisdiction of a city, through annexation, or upon
request, or because of increase of population of the city, conflict with
the existing extraterritorial jurisdiction of another city. The extra-
. territorial jurisdiction of a city shall not be reduced without the
written consent of the governing body of such city, except in cases of
judicial apportionment of overlapping extraterritorial jurisdictions."
The records of the City of Shoreacres fail to show any case where the
City of La Porte has sought a mutual agreement concerning areas which
may fall within the extraterritorial jurisdiction of both cities. We
recognize that future development in the area will result in circumstances
at a future date when all of the unincorporated area should become a part
of one of the cities. When the important factors are known, we will
approach a mutual agreement on the basis of what is best for the most
people. In the meantime, I am of the opinion that the action you propose
in your Ordinance 900 is a legal manuever intended to try and deprive the
City of Shoreacres and its immediate neighbors of their basic rights in
the future on questions of general area concern. For this reason, I
reiterate the opposition to your plan which was formally adopted in
December 1970, by the City of Shoreacres. Further, I must voice my
personal objections and request that you revise your proposed action to
where it will not generate friction and future litigation.'
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Shell E. Martin, Mayor
City of Shoreacres
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