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HomeMy WebLinkAbout1980-01-09 Regular Meeting ~. f • MINUTES - REGULAR MEETING OF THE LA PORTE CITY COM?`~4ISSION, LA PORTE, TEXAS JANUARY 9, 1980 MEMBERS OF THE COMMISSION PRESENT: Mayor J. J. Meza, Commissioners John Tomerlin, I. J. Kibodeaux, Virginia Cline and Tom C. Simons. MEMBERS OF THE CONLMIBSION ABSENT: None. OTHER CITY OFFICIALS PRESENT: J. R. Hudgens, City Administrator; Knox Askins, City Attorney; Herb Freeman, Chief of Police; Jack Burks, Director of Public Works, D. R. McLaughlin, Fire Marshal; Paul Hickenbottom, Assistant Fire Marshal; Stan Sherwood, Director of Parks & Recreation. • CITY OFFICIALS P,BSENT: Margie Goyen, City Clerk. OTHERS PRESENT: Dave Corbin of Busch, Hutchison & Associates; Betsy Webber, La Porte Bayshore Sun. MEMBERS OF THE PLANNING AND ZONING COMMISSION 'PRE'S'ENT: Lindsay Pfeiffer, Mose Davis, D. E. G7right and Walter Springall. PRESIDING: Mayor J. J. Meza. + + + 1. CALL TO ORDER - Mayor Meza called the meeting to order. + + + • • Regular Meeting 1/9/80 2. INVOCATION - COMMISSIONER JOHN TOMERLIN - The invocation was given by Commissioner Tomerlin. + + + 3. APPROVAL OF MINUTES - REGULAR MEETING - DECEMBER 1, 1979 - Motion by Commissioner Cline, seconded by Commissioner Simons to approve the minutes of the regular meeting of December 19, 1979, as presented. Motion carried by the following vote: AYES: Commissioners Kibodeaux, Cline, and Simons. NAYS: None. Commissioner Tomerlin abstained from voting for approval of the minutes of the meeting of December 19, 1979, because he was out of town and not present for the meeting. + + + 2 • 4. JOINT PUBLIC HEARING - CONSIDER REZONING BLOCKS 726 AND 727, LA PORTE, HARRIS COUNTY, TEXAS, FROM "C" APARTMENT AND CO_MMERCIP,L TO LIGHT INDUSTRY PIERSIDE INDUSTRIES) - Mr. Gus Brieden, owner of the west one-half of Block 726 spoke in favor of the rezoning. Motion by Commissioner Simons, seconded by Commissioner Kibodeaux to accept the recommendation of the Planning and Zoning Commission to rezone the property from "C" Apartment and Commercial to Industrial, with use limited to light industry. A copy of the Planning and Zoning Commission recommendation is attached and made a part of these minutes. P4otion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. + + + • Regular Meeting 1/9/80 3 5. JOINT PUBLIC HEARING - CONSIDER GRANTING A SPECIAL USE PERMIT FOR BLOCKS 333 AD]D 334, LA PORTE, HARRIS COUNTY, TEXAS, FOR LIGHT INDUSTRY TO ALLOW REPAIR, SANDBLASTING AND PAINTING, FABRICATION, AND STORAGE OF TRAILERS JACK B. KELLEY - Mr. Tom Carls, owner of the west half of Block 101, addressed the Commission in regard to the study being made on zoning and land use by Texas A & M. Mr. Carls asked if this zoning was in the overall plan of land use for this particular area or if it was piece meal zoning. Mr. Hudgens stated that this area was planned for Commercial and Industrial use. Mr. Gus Brieden spoke in favor of the special use permit. Mayor Meza asked if there was anyone present who wished to ask questions pertaining to the proposed operation? If so, Mr. Vic Taylor of Jack B. Kelley Company was present to answer any questions. Mr. Brieden asked if this was to be a completely covered or enclosed operation and Mr. Taylor replied that it was. The requirements of the State of Texas regarding such operations are so strict that there shouldn't be any problems to the City. • Motion by Commissioner Kibodeaux, seconded by Commissioner Cline to accept the Planning and Zoning Commission recommendation to issue a special use permit to allow repair, sandblasting and painting, fabrication and storage of trailer on Blocks 333 and 334, subject to meeting State and City regulations. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. + + + 6. CONSIDER APPROVING PROPOSED ORDINANCE NO. 1183 - ORDINANCE AUTHORIZING EXECUTION OF INDUSTRIAL DISTRICT AGREEMENTS - After the proposed ordinance was read in full, motion by Commissioner Cline, seconded by Commissioner Simons to adopt Ordinance No. 1183 as read. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. C7 ~ ~ • Regular Meeting 1/9/80 4 6. CONSIDER APPROVING PROPOSED ORDINANCE N0. 1183 - ORDINANCE AUTHORIZING EXECUTION OF INDUSTRIAL DISTRICfi AGREEMENTS - (CONTINUED) The agreements attached to the ordinance are.: SYNGAS COMPANY, a partnership of National Distillers and Chemical Corporation and E. I. du Pont de Nemours and Company, formed pursuant to the provisions of the Texas t'niform Partnership Act; TEXAS ALKYLS, INC.; USS NOVAMONT, INC.; OHMSTEDE MACHINE WORKS, INC.; PEARSALL CHEMICAL CORPORATION; AIR PRODUCTS AND CHEMICALS, INC.; ARMAK COMPANY; AIRCO, INC.; E. I. DU PONT DE NEMOURS AND COMPANY, INC.; PHILLIPS PETROLEUM COMPANY; SOLTEX POLYMER CORPORATION; GREIF BROS. CORPORATION; NATIONAL DISTILLERS AND CHEMICAL CORPORATION; NATIONAL PETRO CHEMICALS CORPORATION; THE LUBRIZOL CORPORATION; ARCO POLYMERS, INC.; HOUSTON LIGHTING & POWER COMPANY; DIAMOND SHAMROCK CORPORATION; AND THE UPJOHN COMPANY. CAPTION: AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE INDUSTRIAL DISTRICT AGREEMENTS WITH INDUSTRY WITHIN THE BATTLEGROUND INDUSTRIAL DISTRICT, AND THE BAYPORT INDUSTRIAL DISTRICT, FOR THE SEVEN (7) YEAR PERIOD COMMENCING JANUARY 1, • 1980. + + + 7. ACCEPT BIDS - ONE fiRACTOR/LOADER WITH BACKHOE -- Mr. Hudgens opened and read the bids received. They are as follows: CASE POTTIER AND EQUIPMENT CO. - HOUSTON, TEXAS $19,774.54 PLAINS MACHINERY CO. - HOUSTON, TEXAS $22,401.00 MUSTANG TRACTOR & EQUIPMENT CO.- HOUSTON, TEXAS $25,188.00 LANSDOV~TNE-MOODY CO., INC. - HOUSTON, TEXAS $20,071.56 Motion by Commissioner Kibodeaux, seconded by Commissioner Tomerlin to award the bid to the low bidder, providing that the bid meets all of the specified specifications. (Case Power & Equipment in the amount of $19,774.54). Motion carried by the following • vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. + + + • • Regular Meeting 1/9/80 5 8. CONSIDER APPROVING FINAL READING - PROPOSED ORDINANCE NO. 1175 - AN ORDINANCE GRANTING A CABLE TELEVISION FRANCHISE - After the Caption of Ordinance No. 1175 was read in full, motion by Commissioner Simons, seconded by Commissioner Cline to approve and adopt Ordinance No. 1175 on second and final reading. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. CAPTION: AN ORDINANCE GRANTING TO KIP-LEE CATV, INC., d/b/a/ LA PORTE CABLE TELEVISION, A TEXAS CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE, AND FRANCHISE FOR A TERM OF FIFTEEN (15) YEARS, TO ERECT, MAINTAIN, AND OPERATE A COMMUNITY ANTENNA TELEVISION SYSTEM IN THE CITY OF LA PORTE, TEXAS; TO ERECT, MAINTAIN, AND OPERATE ITS POLES, TOWERS, ANCHORS, WIRES, CABLES, ELECTRONIC CONDUCTORS, CONDUITS, MANHOLES, AND OTHER STRUCTURES AND APPURTENANCES IN, OVER, UNDER, ALONG, AND ACROSS THE PRESEI`dT AND FUTURE PUBLIC STREETS, HIGHWAYS, ALLEYS, BRIDGES, EASEMENTS, AND OTHER PUBLIC WAYS AND PLACES IN SUCH PORTION OF THE CITY; PRESCRIBING COl"lPEDTSATION FOR THE RIGHTS, PRIVILEGES AND • FRANCHISE CONFERRED HEREUNDER; PRESCRIBING THE CONDITIONS GOVERNING THE OPERATION OF THE BUSINESS INSOFAR AS IT AFFECTS THE USE OF PUBLIC PROPERTY FOR THE PURPOSE OF SUCH BUSINESS; PRESCRIBING RULES AND REGULATIONS GENERALLY FOR THE INSTALLATION, MAINTENANCE, AND OPERATION OF SAID SYSTEM AND BUSINESS; CONTAINING GENERAL PROVISIONS RELATING TO THE SUBJECT; AND PROVIDING FOR SEVERABILITY. The City Attorney noted that representatives of Kip-Lee were present and might wish to speak. Mr. Lester Kamin was recognized and again expressed his appreciation to the Commission for the franchise. + + + • Regular Meeting 1/9/80 6 9. CONSIDER APPROVING PROPOSED RESOLUTION NO. $0-l - RESOLUTION CONCERNING THE'APPO'INTMENT OF THE BOARD OF D`IRECTORS''O'F' THE APPRAISAL DISTRICT OF HARRIS COUNTY, TEXAS - After the proposed resolution was read in ull, motion by Commissioner Tomerlin, seconded by Commissioner Simons to approve Resolution No. 80-1 as read. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. CAPTION: RESOLUTION CONCERNING THE APPOINTMENT OF THE BOARD OF DIRECTORS OF THE APPRAISAL DISTRICT OF HARRIS COUNTY, TEXAS. + + + 10. ADMINISTRATIVE REPORTS - The Administrator stated that he had several items. A. Firstly, recently Ray Young and Dave Corbin had made a • presentation the proposed layout for the jaaste Water Treatment Facility and there have been some subsequent changes made in the proposed layout, dealing with construction, that would save some concrete; he asked Dave Corbin to bring them by and show them to the Commission. Dave Corbin gave a short presentation. It was determined that the presentation was the semi-final layout. B. The Administrator stated that at the last Commission meeting, which was before Christmas, there was an executive session relating to the contractural matters of the contractor at the Nutrition Center; after those discussions and pursuant to Commission direction, he was in contact with Mr. Arthur and read into the minutes the arrangement that was made with Mr. Arthur. "December 20, 1979 Mr. James C. Arthur ARTHUR CONSTRUCTION COMPANY Dear Mr. Arthur: This letter is to confirm our conversation at my office on December 20, 1979, at which time you informed that you would be • unable to complete your contract with the City of La Porte, for construction of improvements at the City of La Porte Nutrition Center, and asked that you and your firm be allowed to withdraw from this job, and that the City of La Porte proceed to finish the work. • Regular Meeting 1/9/80 7 10. ADMINISTRATIVE REPORTS (CODTTINUED) B. LETTER TO MR. JAMES ARTHUR OF ARTHUR CONSTRUCTION COMPANY "Accordingly, this will evidence the agreemen La Porte that you be allowed to withdraw from consideration of your releasing, discharging, harrttless the City of La Porte from any claims arising out of this job, by you or your firm, of any funds by the city of La Porte to you. t of the City of this job, in and holding or liabilities and without payment It is the intention of the City of La Porte to negotiate contracts with each of the subcontractors which you have on the job, and to pay them for the work which they have completed to date. The City of La Porte, of course, reserves all rights in this matter, including its right to proceed against you for any damages or loss which it may incur, by reason of failure to finish this job in time to receive a Forty-Three Thousand Dollar ($43,000.00) matching funds grant offer. If this letter accurately states your understanding of our conver- • sation and agreement, please sign and return the original copy to me, keeping the other signed copies as your copy of our agreement. Yours truly," The Administrator stated that Mr. Arthur did abandon; he is no longer on the job; with the .completion of the project. The well. .Today, we negotiated a contract f at a price of $7,820.00 for the elevator Pearland. did sign the contract; and we are proceeding project is going very ~r the elevator well; well with a firm from C. HARRIS COUNTY COMMUNITY DEVELOPMENT AGENCY - The Administrator stated that he had been informed by Harris County Community Development Agency that the bids for our 1978 grant for street improvements had been let by Harris County, County Engineer, Dick Doss, to the low bidder, Brown & Root. D. AUTHORIZATION TO ADVERTISE FOR BIDS - The Administrator requested permission to advertise for bids for all the equipment and vehicles in the 1979-1980 budget. Motion by Commissioner Simons, seconded by Commissioner Tomerlin to authorize advertising and accepting bids for all the equipment and vehicles in the 1979-1980 budget. Motion carried by the • following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. + + + • • • Regular Meeting 1/9/80 g 10. ADMINISTRATIVE REPORTS - (CONTINUED) E. LETTER FROM JUSTICE DEPARTMENT REGARDING CHARTER REVISION - The City Attorney read the letter received from the Justice Department regarding the revisions to the Home Rule Charter. After the letter was read in full, the City Commission advised Mr. Askins to notify the Justice Department in writing of our objections to the letter and ask for a meeting with the Justice Department since the Justice Department would not send representa- tives down here. A copy of the letter is attached and made a part of these minutes. + + + 11. COUNCIL ACTION - None. + + + 12. EXECUTIVE SESSION - V.A.T.S. - ARTICLE 6252-17 - SECTION 2 - • (E), (F), AND (G) - (LEGAL, LAND ACQUISITION AND PERSONNEL) - Motion by Commissioner Kibodeaux, seconded by Commissioner Cline that the meeting recess for an executive session to discuss real estate and personnel. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. The meeting recessed at 7:45 P.M. The meeting reconvened at 8:19 P.M. + + + 13. ADJOURNMENT - Mayor Meza adjourned the meeting at 8:20 P.M. Virginia Cline, Commissioner Minutes taken in the absence of Margie Goyeri, City Clerk, due to illness. • Passed and Approved this the 23rd of January, 1980 r J. J. Meza, Mayor s CITY OF LA PORTE INTER-OFFICE MEMOP,ANDUM TO: MAYOR & CITY COMMISSION DATE: OCTOBER 23, 1979 FROM• PLANNING & ZONING CONi1~4ISSION • PAT MUSTON, CHAIRDZAN SUBJECT: BLOCK 727, LA PO RTE ADDITION REQUEST FOR REZONING FROM COMMERCIAL TO INDUSTRIAL, PIERSIDE INDUSTRIES, INC. The Planning and Zoning Commission recommends rezoning of Block 727 from Commercial to Light Industrial. Since the City does not presently have such a classification, the recommendation must be to rezone to Industrial, with use limited to light industry. At the present time the property bears a.Commercial classification, with a special use permit to allow light industry similar in nature to container repair operations. The Planning and Zoning Commission does not wish to discourage an experienced company such as Pierside Industries, Iric., from operating in the City of La Porte. We feel that the "know-how" of this company will set an example for similar industries to follow. ~^ae have been assured that the location will not cause any traffic hazard or nuisance to neighboring properties. It is reasonable to expect that such a firm will not complete purchase of the property, nor make needed improvements to the property under the temporary and limiting terms of a special use permit. We therefore recommended rezoning to Industrial, with use limited to light industry. Respectfully submitted, ~~~ ~~~~~ Pat Muston ~~~,~, • .: • • PIEKSIDE INDUSTRIES, INC. P.O. BOX 1706 LA PORTE, TEXAS 77571 RT. 225 & BATTLEGROUND RD. 713/4~fl385 October 3, 1979 • i~ir . James Iiudger_s P~iar_ager, City of LaPorte, Texas P.O. Box 1115 LaPorte, Texas 77571 Dear !~r . Hudgens; The purpose of this letter is to introduce you to Pi.ersi.de Industries, our operation, and our proposed relationship with the Cite of LaPorte. Pierside Industries is presently negotiating the purchase of 2 adjoining parcels of land within the LaPorte City limits. Ore parcel is zoned industrial, the other i.s zoned commercial. This letter is our request to change the zoning of the commercial parcel to industrial, so that we may conduct our business, which is: 1. The repair of oceanic cargo containers and chassis. 2. The storage of said containers and chassis upon completion of the repairs. The repair of steel units involves cutting away the damaged area with torcYies and arc welding newa patches or panels in its place. In some instances damages may be repaired by simple hand hammering. The cut and welded areas are finished by priming and painting with spray cans. On aluminum units the damaged areas are cut away with saws, holes are drilled, and new aluminum parts are riveted into place with pneumatic hammers. A third type of container is the fiberglass reinforced plywood unit. Again the damages are cut away with saws, a new panel is inserted and glassed into place. The patch is then sanded and painted. From this description you can see the parallel between our business and an auto body repair shop, the only difference being, our bodies are larger and our finishes aren't nearly as exacting. Or.CP. the repairs are accomplished, the unit would be stacked on our yard, until the owner ca]].s for it. 1~t that time, the oc~~rer or lessee of the container, anal or chassis, would dispatch a truck to our location and the needed units ~~~ould then be trans- ported away. • - • PIEKSIDE INDUSTKIES, INC. • P.O. BOX 1706 LA PORTE, TEXAS 77571 RT. 225 & BATTLEGROUND RD. 713/479-0385 Mr. Iiudgens, LaPorte will be our sixth branch in the United States. We are experts in our field, and have always enjoyed an excellent relations?ZiP with the local- government as well as the environmental sarroundir_gs sae have come in contact with, and we hope to do the same here. If I can be of any assistance whats so ever, or if I car. provide you with any additional information, please don't hesisate to call on me. Very ~S~in~cerely, Philip K. Beeson Manager • PICB/smb '- _ .~~~•~~ •rrt ,111 . ;,•,~., ,.11,-~,~r~'~Ir.l,~~i~~; ~\ \ `u'•!1;11l~i~~)tJ/r~,.,yiY'r'J' jj"; ~irl'I'll~l'~II,~'il •::~• I ~ ::: i! ~ ~ \~~ L~., 1111 ..... rlr,' ,•., .~,.( ~~~ I~r~ :;:~: I ;~; ! ~• ~ ~ \ ~\ \ 11 II ;1 ~1 ~ ,,~`I I, i~~. ~~~f II,I rlflllf I «! S1 j - I ~! \ I 1 I ~~jrlr ~ (~ ~ - ~ a_'__ ,III 11111, 1 111 ~ t ~ I (` l.la.~,. .1~1 •i•I l~,ls{ ••~ ~3 ~ ?351 ~1 i3t jai ~v .}}} •-'~1 ;~' .ol • ~Ea ~'r; ,,i roc' IrOi Ilo~ ~t I I - - ;:i~ `- ~ I 0 ,105 r 1107 i IOpi •7i', ?,~`ir ~i v'1?I IFi. .'_'\ qlI 9,. ri ~I•• r l ,.• ..• ., :~~} ~ _ L - ~ - ~.'.7•~1~ ~ ~iG~l R~.~ N1• f 8 .~'f : g .:117 K ' q ~ I 'd~. ~• q -.Z . ~ ;oi. , .ter ~ ~ .\\~ r~ I . I 'i I~~' ' !'~'• ~ F-- :AML'.l ~~.1-~~•~~M•. .({". \~r\ :~ ,~ - _ ~. '•~'J1. 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J~1f.~S. 1 IIt91' In9c' 1144J1 114431 114351 114)SI In `~S `', ~; ' •', }~s ;I_ _1 1. _~t ..1~. JL.'_JL J17~~•.411i'~f•~~.~ , I- -, - +~ ~~~..v.~ II171a«~.I•l~..l Irr ~~ -~ It`DH ~°•~',~ ~tr`~ 1 Ilasn 14x91 b4aa1 Ila9•rl I ~ ~ I •, ~,.\~ L ..1 , I t_ . 1 L J L J L J i~ ; ~,Y., 1 ~ 111215( 11213. 11223( prZ21 ~IZ21) 1f:':ol 1 ~, ~ ~ `.i,' ~ Il II 1L .1L 1L .JL Jl^r •'Ny\ ~r~ J (112481 ~R131 1115p1 ht'.I I I! 571 11753 1 1 ~ 1 • ~ ` I Jr 1f~ti1r -tr lr ~ --~~ - ~•~ I U7r,?I 42,Fi V2G51 II'r+4I UYbtt 117.71 I • ~: ::, ' I I I. I 'l I: 1 1 _1 I 1 1 ~ 1 '•tl.«an hlunlmnnnnlrilir~?uiul , - ~ . ---- 8i4Nimnnlmilayulnlitniil;~lffilnurnll I ! I ~ ,y ~ .~~ ~ ::. - , : ti~ CITY OF LA PORTE • INTER-OFFICE MEMORANDUD'I TO• MAYOR & CITY COMMISSIONERS DATE• DECE1~iBER 5, 1979 FROM- PLANNING & ZONING COMMISSION PAT MUSTON, CHAIRMAN SUBJECT: REQUEST TO REZONE BLOCKS 333 AND 334, LA PORTE, FROM "C" APARTD4ENT AND COMMERCIAL, TO LIGHT INDUSTRY - JACK B. KELLEY, INC. Planning & Zoning Commission met December 4, 1979, to consider the above request. The purpose of the request was to allow repairs such as sandblasting and spray painting to be done to trailers. The requirements of the State of Texas regarding such operations are so strict that, if the process is in compliance with state regulations, there should be no noxious fumes, dust, or particles emitted from the facility. It would be policed by the State to insure compliance. The Planning & Zoning Commission does not recommend rezoning to our present industrial classification, because we feel that some uses • permitted in that classification are not suited to this location. Our recommendation is to issue a special use permit to allow repair, sandblasting and painting, fabrication, and storage of trailers on Blocks 333 and 334, La Porte, subject to meeting State and City regulations. We request a joint public hearing regarding the special use permit. Respectfully submitted, Pat Muston, Chairman ~C • ~~ Jacl~ B. Kelley, Inc. ~ ,`~~ Area Code 806 - 353-3553 • Rt. I , Box 400 U.S. 66 West At Kelley Drive ' AMARILLO, TEXAS 79106 La Porte, Texas 77571 615 N.6th Street P.O.Box 536 November 20,1979 Planning & Zoning Gorton. City Of La Porte P.O.Box 1115 La Porte, Texas 77571 . Attn: Maxgie Goyen We would like to make application to have blocks 333 and 334, La Porte, Texas re-zoned from Commercial to Light Industry. Your immediate attention to this matter would greatly be appreciated . • Yours t~ul~Cy, _ ~ The Kelley Co. Mr. Victor L.Taylor - Manager . • ~~l~ QJ• r ~~ C; ! ~l_~ v • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 32 31 30 29 28 27 26 25 24 3~3 23 22 • 21 20 19 18 17 ~•~ ~, ~• 1~. .~ • • MEMORANDUM January 3, 1980 T0: All H.C.M.C.A. Member and Nonmember Cities FROM: J. J. Meza, President SUBJECT: City of Houston vs Rodeheaver (Property Tax Appraisal District Litigation) Enclosed are a memorandum and sample resolution prepared by Ray ~ Wood, Attorneys at Law, that are representing our interests in the above litigation. Mr. Wood's memo is self explanatory. I strongly encourage each of you to follow his recommendations at the earliest pos- sible date. Upon passage of your resolution, please send me one original certified copy at P.O. Box 1115, La Porte, Texas 77571. Thank you for your past and continued support. • Sincer J. J. Meza, President Harris County Mayors` and Councilmen's Association JJM/cb Enc. r,i ~ • RAY ~ woon DONALD W. RAY ATTORNEYS AT LAW AREA CODE 512 RANDALL BUCK WOOD 1212 SOUTHWEST TOWER 477-3593 • B. THOMAS HENDERSON AUSTIN. TEXAS 78701 December 21, 1979 MEMORANDUM T0: All affected independent school districts and municipalities which are clients of Ray & Wood. FROM: Ray & Wood, Attorneys at ~~~ RE: City of Houston v. Rodeheaver (Property Tax Appraisal District litigation) We want to bring you up to date on this lawsuit and ask your assistance in defeating the efforts o,f the City of Houston to reconstitute the existing board, • The City of Houston first filed this suit on November 13, 1979 seeking to enjoin the County Clerk from certifying the results of the election. Our firm was retained to represent the position of defendants. On Friday, November 16, 1979 a hearing was held on a Temporary Injunction. We appeared and asked the court to abate the suit since the City had not joined as parties all of the taxing entities necessary to this suit. The Judge granted our motion and abated the suit. In response to that ruling, the City of Houston replead their suit and ref fled on November 28, 1979. A hearing was set for Thursday, December 20, 1979 and at that hearing the City was denied its request for a Temporary Injunction. However, we expect the trial to be set in early January, 1980 and the defendants need to take some action in the meantime, One of the major claims by the City of Houston is that the resolutions that were passed by the taxing entities are void because they were passed before September 1, 1979, the date on which the Property Tax Code took effect, We do not think that this con- tention is correct under the law. However, we can protect nurse ves • • • 5~ Page 2 December 21, 1979 in the unforeseen event that a court might take this claim seri- ously by repassing the resolutions and ratifying all previous actions taken. We are enclosing draft resolutions which would retain the nine member board and the voting strength provisions as set out in the original resolutions. We have deleted the provision changing the quorum requirements in the new resolutions since it is agreed that the statute did not allow such a change. We are also setting up a new voting schedule to be utilized if the new resolutions become effective. Remember this new resolution is being passed to become effec- tive onl in the event that the original resolutions are ruled invalid. If the Court upholds the original resolutions as being valid, these new resolutions do not go into effect except for the provision ratifying action taken under the original resolutions. IT IS IMPERATIVE THAT YOUR JURISDICTION ADOPT THIS RESOLUTION AT THE EARLIEST POSSIBLE TIME AS THE- TRIAL OF THIS CASE WILL BE HELD SOMETIME IN JANUARY, 1980. If you have any questions, please call Buck Wood immediately ate 512/477-3593. • 1 • THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS § RESOLUTION CONCERNING THE APPOINTMENT OF THE BOARD OF DIRECTORS OF THE APPRAISAL DISTRICT OF HARRIS COUNTY, TEXAS RESOLUTION N0. BY PASSAGE OF THIS RESOLUTION, this governing body expressly adopts, validates and ratifies all previous actions taken by this body concerning the formation of and the election of the members of the Board of Directors of the Harris County Tax Appraisal Dis- trict. IN THE EVENT that any court should declare that the previous actions taken by this governing body in the passage of or pursuant • to its previous RESOLUTION CONCERNING THE APPOINTMENT OF THE BOARD OF DIRECTORS OF THE APPRAISAL DISTRICT OF HARRIS COUNTY, TEXAS, this governing body expressly resolves as follows: WHEREAS, the Legislature of the State of Texas passed and the Governor signed into law Senate Bi11 621 (the Property Tax Code) which relates to ad valorem taxation; and WHEREAS, said Property Tax Code provides for the creation of a central appraisal district within each County of the State; and said Code further provides that said central appraisal district be governed by a five (5) member board which shall be elected by the qualified voting taxing units within the County by the following formula as set forth in Section 6.03(d): V=Tx1000x5 V = The number of votes to which a taxing unit is entitled. u = The dollar amount of property taxes imposed by a taxing unit during the preceding tax year. T = The sum of the total dollar amount of property taxes im- posed in the appraisal district for that year by each taxing unit that is entitled to vote. WHEREAS, Section 6.03(i) of the Property Tax Code provides that a majority of three-forths (3/4) of the qualified voting units within the County may change the number of members of the board or may change the method of selecting members of the board; and WHEREAS, Harris County is a large urban county containing in excess of fifty (50) taxing units, ninety-five (95) percent of which are small in comparison to taxes levied by a few large units; and WHEREAS, the board size and method of selecting said board pro- vides in Sections 6.03(a) and (d) would not provide a fair and equitable board under the particular circumstances in Harris County; and • • • • WHEREAS, an expanded number of board members selected under a different method would under the particular circumstances relevant to Harris County provide a broader and more equitable representation of all of the taxing units in Harris County. THEREFORE BE IT RESOLVED; That under the authority granted by Section 6.03(1) the (Governing body) of the Taxing unit) hereby elects to proceed with the se ection o the board of directors for the Harris County Appraisal District as set forth below: I. The number of directors which shall comprise the Board of Directors of the Harris County Appraisal District shall be nine (9) . II. The method of selecting the members of the board of di- rectors shall be as follows: (a) The voting entitlement of a taxing unit that is entitled to vote for directors is determined by relative population. The authority for determining the voting entitlement of cities and the county shall be the most current United States Bureau of Census pop- ulation figures. The authority for determining the voting entitle- ment of school districts shall be the most current Gross Average Daily Attendance figures as published by the Texas Education Agency in the Directory of Public Schools. Votes shall be apportioned to each taxing unit entitled to vote based on the following scale: Taxing Unit Population City, County School Districts or Average Daily Attendance Votes Votes 1-5,000 1 2 5,001-15,000 2 4 15,001-30,000 3 6 30,001-50,000 4 8 50,001-75,000 5 10 75,001-105,000 6 12 105,001-140,000 7 14 140,001-180,000 8 16 180,001-225,000%~ 9 18 ~'~The County and cities or school districts having populations or average daily attendances in excess of 225,000 shall accrue one additional vote for each 50,000 above 225,000.. A taxing unit participating in two or more districts is entitled to vote in each district in which it participates, but only the population in a district is used to calculate the voting entitle- ment in that district. • • • • (b) The county clerk shall calculate the number to which each taxing unit is entitled and shall deliver notice to the presiding officer of the governing body of of its voting entitlement before February 1, 1980. of votes written each unit (c) Each taxing unit that is entitled to vote may nomi- nate by resolution adopted by its governing body one candidate for each position to be filled on the board of directors. The presid- ing officer of the governing body of the unit shall submit the names of the units' nominees to the county clerk before February 15th. Before February 29th, the county clerk shall prepare a ballot, listing the candidates alphabetically according to the first letter in each candidate's surname, and shall deliver a copy of the ballot to the presiding officer of the governing body of each taxing unit that is entitled to vote. (d) The governing body of each taxing unit entitled to vote shall determine its vote by resolution and submit it to the county clerk before March 15th. The county clerk shall count the votes, declare the nine candidates who receive the largest cumula- tive vote totals elected and submit the results before April 1st to the governing body of each taxing unit in the district and to the candidates. (e) The election shall be held in accordance with Section 6.03 in all regards other than those herein changed pursuant to Section 6.03(1). Passed by majority vote at an official meeting of the governing body on (date). ATTEST: Presiding 0 ficer Co-signing 0 ficer • ~~ • • ~~~~ PHONE ( 71 3 ) 471 .5020 of ~,~ ~o~~~ • P. O. BOX 1115 • LA PORT E, TEXAS 77571 December 20, 1979 Mr. James C. Arthur ARTHUR CONSTRUCTION COMPANY 236 South Blackwell La Porte, Texas 77571 Dear Mr. Arthur: This letter is to confirm our conversation at my office on December 20, 1979, at which time you informed me that you would be unable to complete your contract with the City of La Porte, for construction of improvements at the City of La Porte Nutrition Center, and asked that you and your firm be allowed to withdraw from this job, and that the City of La Porte proceed to finish the work. Accordingly, this will evidence the agreement of the City of La Porte that you be allowed to withdraw from this job, in consideration of • your releasing, discharging, and holding harmless the City of La Porte from any claims or liabilities arising out of this job, by you or your firm, and without payment of any funds by the City of La Porte to you. It is the intention of the City of La Porte to negotiate contracts with each of the subcontractors which you have on the job, and to pay them for the work which they have completed to date. The City of La Porte, of course, reserves all rights in this matter, including its right to proceed against you for any damages or loss which it may incur, by reason of failure to finish this job in time to receive a Forty-Three Thousand Dollar ($43,000.00) matching funds grant offer. ' If this letter accurately states your understanding of our conver- sation.and agreement, please sign and return the original copy to me, keeping the other signed copies as your copy of our agreement. ACCEPTED AND AGREED: ARTHU STRUCTION COMPANY BY ~ .o/ ~ t~ • mes C. Arthur Proprietor Yours very truly, CITY OF JaIlfes R. Hudgens~~j _ City Administrator .~-~-_-~ ~. ~~' ~,~ ASSISTANT ATTORNEY GENERAL Knox W. Askins, City Attorney Post Office Box La Porte, Texas ~~. r l , ~ ~ l :i ,f • Dear Mr. Askins: ~niteD ~tate~ ~J9epartment of ~litgtice WASHINGTON, D.C. 20530 Esq. 1115 77571 This is in reference to the revisions of the Home Rule Charter for the City of La Porte, Harris County, Texas, to provide for a council elected to three-year staggered terms with a majority-vote requirement from four single-member districts and three designated at-large posts, and the apportionment plan for the four single-member districts, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, as amended. Your submission of the charter revisions was completed on November 1, 1979, and your submission of the apportionment plan was received on October 30, 1979. Under Section 5, the City of La Porte has the burden of proving that the proposed electoral system does not represent a retrogression in the position of either the black or Spanish- language residents of the city, and that it does not transgress constitutional limits with respect to either group. See Beer v. United States, 425 U.S. 150 (1976). See also 28 C.F.R. 51.19. Under White v. Regester, 412 U.S. 755, 766 (1973), to prove the constitutionality of its system the city must prove that the electoral system is equally open to black, Spanish-language and white voters, and that each group has~a fair opportunity to elect candidates of its choice. We have given careful consideration to the informa- tion you have provided as well as to comments and information provided by other interested parties. In addition to other evidence of a general pattern of racially polarized voting in La Porte, we have noted particularly the fact that, in spite of a number of black candidacies, no black person has ever won election to the La Porte municipal governing body. We have been presented with and have considered information evidencing a lack C1 • • 2 • ~ _.. of responsiveness on the part of elected officials to the needs of the black community; depressed socioeconomic conditions in the black community which make participation in the political process difficult; and the presence of majority-vote and de- signated-post requirements for municipal elections. On the basis of our review, it does not .appear that the system adopted by the city would offer black voters a fair opportunity to elect representatives of their choice. At the same time, .the city has rejected alternative systems which would offer such an opportunity. For example, our analysis shows that an alteration of district .lines under the proposed four single-member district system so as to avoid the combination of the widely separated and dissimilar Northside and Fairmont Park areas could produce a district in which the minority population would be substanti-ally larger than that of any district in the submitted plan. Similarly, we note that a plan of six single-member districts was presented to the city which provided for one district in which-black and Spanish-language voters would form a majority of 57 percent, and our own review has revealed that a significantly larger majority (over 62 percent) can be achieved under such a plan without any resort to maximization • of minority voting strength. The selection by the City of La Porte of a system which would retain black voting strength at a minimum level, where alternative options would provide a fair chance for black representation, is relevant to the question of an impermissible racial purpose in its adoption. See Wilkes County v. United States, 450 F. Supp. 1171 (D. D.C. 1978). Under the circumstances we are unable to conclude, as we must under Section 5, that the changes would not have a racially discriminatory purpose or effect. Accordingly, I must, on behalf of the Attorney General, interpose an objec- tion to the charter revisions and to the proposed apportion- ment plan. Of course, as provided by Section 5 of the Voting Rights Act you have the right to seek a declaratory judg- ment from the United States District Court for the District of Columbia that these changes have neither the purpose nor will have the effect of denying or abridging the right to vote on account of race, color, or membership in a language minority gorup. In addition, the Procedures for the Adminis- • • • • ~ - 3 - tration of Section 5 (28 C.F.R. 51.21(b) and (c), 51.23, and 51.24) permit you to request the Attorney General to reconsider the objection. However, until the objection is withdrawn or the judgment from the District of Columbia Court obtained, the effect of the~objecton by the Attorney General is to make the charter revisions -and apportionment plan legally unenforceable. To enable this Department to meet its responsiblity to enforce the Voting Rights Act, please inform us within twenty days of your receipt of this letter what course of action the City of La Porte plans to take with respect to this matter. If you have any questions concerning this letter, please feel free to call Mr. John K. Tanner (202-- 724-7399) of our staff, who has been assigned to handle this submission. Please refer to File Nos. C5780-5784 and C7574 in any written response to this letter so that your correspondence will be properly channeled. Sincerely, • -~'~ ~. ~~l Drew 5. Days II Assistant Attorney General Civil Rights Division • r1 ~J • BIDS--ONE MILLION GARBAGE BAGS JANUARY 16, 1980 • The following bids were opened and read aloud at work shop: ADAMS INDUSTRIES, INC. P. 0. Drawer 4360 Base Bid $71,010.00 Monroe, Louisiana 71201 Alternate Bid $62,090.00 SUNBELT PLASTICS P. O. Box 7400 Monroe, Louisiana 71203 Total Bid POLY-AMERICA, INC. 2000 W. Marshall Dr. Grand Prairie, Texas Total Bid -0- The bids were accepted for tabulation. 42.5G/# 50.x/# 07.4 per bag •