Loading...
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. • PRESIDING: Mayor Smith. + + + 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. + + + 2. Mayor Smith opened the Public Hearing on the • proposed annexation of the following areas: Tract 1 - An area containing 664 acres lying I 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. • 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. + + + • 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. + + + ~~ Regular Meeting 11/15/'71 - continued • 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. + + + 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. + + + 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 • Regular Meeting 11/15/'71 - continued 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. + + + ~. 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. + + + 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. + + + g. Motion by Comm. Kibodeaux, seconded by Comm. Crofoot • that the City Administrator be authorized to formulate a contract, for Commission approval, T 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. + + + 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 . + + + 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. + + + 12. Motion by Comm. Kibodeaux, seconded by Comm. Crofoot • to ratify the employment of H. P. Pfeiffer as special consultant on industrial district contracts. • • ,~ Regular Meeting ll/15/'71 - continued Motion carried by the following vote: AYES: Commissioners Thomas, Kibodeaux, Sampson and Crofoot. NAYS: None. + + + 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. + + + 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 i~, H. Carlos Smith, Mayor Vi ginia Cline, City Clerk • /. ~` 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" /. 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.' _.v //~ Shell E. Martin, Mayor City of Shoreacres ,.