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HomeMy WebLinkAbout1980-02-20 Regular Meeting• • MINUTES - REGULAR MEETING • OF THE LA PORTE CITY COMMISSION, LA PORTE, TEXAS FEBRUARY 20, 1980 7:00 P.M. MEMBERS OF THE COMMISSION PRESENT: Mayor J. J. Meza; Commissioners John Tomerlin, I. J. Kibodeaux, Virginia Cline, and Tom C. Simons. r~IEMBERS OF THE CONLNIISSION ABSENT: None. OTHER CITY OFFICIALS PRESENT: J. R. Hudgens, City Administrator; Margie Goyen, City Clerk; Gail Hamilton, Assistant City Attorney; H. F. Freeman, Chief of Police; Jack Burks, Director of Public Works; Joe Sease, Fire Chief; D. R. McLaughlin, Fire Marshal, Paul Hickenbottom, Assistant Fire Marshal; David Paulissen, Inspector. • OTHERS PRESENT: H. P. Pfeiffer, Chairman, Charter Revision Committee. PRESIDING: r4ayor J. J. Meza. + + + 1. CALL TO ORDER - Mayor Meza called the meeting to order. + + + 2. INVOCATION - The invocation was given by Commissioner Tom C. Simons. + + + • • • • Regular Meeting 2/20/80 2 3. APPROVAL OF MINUTES - REGULAR MEETING - FEBRUARY 6, 1980 - - SPECIAL MEETING - FEBRUARY 13, 1980 - r4otion by Commissioner Tomerlin, seconded y Commissioner Kibodeaux to approve the minutes of the regular meeting of February 6, 1980, and the special meeting of February 13, 1980. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. + + + 4. PRESENT CHARTER REVISION COMMITTEE RECOMMENDATION FOR CONSIDERATION - MR. H. P. PFEIFFER - Mr. Pfeiffer was recog- nized and copies of the recommendation were distributed. Mr. Pfeiffer stated as outlined in the cover letter, a special meeting was held for the Charter Revision Committee to give final approval to revisions to the proposed Charter districting plan, and districting map. Attached to the letter, is a district map showing how the various districts are drawn and a proposal for electing various commissioners and the Mayor. Copies are • attached and made a part of these minutes. Mr. Pfeiffer stated that all the single member districts have been approved by all concerned and felt that they would meet with the approval of the Justice Department. There are no objections at this time. There are six single member districts. The boundary lines are good and clear, using major thoroughfares and the railroad. Making it easy for election judges to determine what district a person may reside. Also recommended by the Committee to the City Commission, is two at large positions. This was approved by a seven to two vote. Those opposed simply wanted to have more at large positions. Mr. Pfeiffer stated that the Committee recommended that the Commission take action; they felt it would work and would help in any way they could to see that the election carried at the time that it was called. Mr. Pfeiffer stated that he had no further questions unless there were questions of him. Mayor Meza asked if the Commission had any questions? Mayor Meza expressed appreciation to Mr. Pfeiffer and the • Revision Committee for the long, hard hours that had been put in on the proposed revision. n U • Regular Meeting 2/20/80 4. PRESENT CHARTER REVISION COMMITTEE RECOMMENDATION FOR CONSIDERATION (CONTINUED 3 With no further questions for Mr. Pfeiffer, Mayor Meza excused Mr. Pfeiffer from the meeting. The entire Commission expressed thanks to Mr. Pfeiffer for his efforts. Mayor Meza stated that the recommendation from the Charter Revision Committee had been received and the ordinance read in full, and asked for comments. Commissioner Tomerlin stated that he was aware of the problems of the Charter Revision Committee and he appreciated the efforts of the Commissioners, the Mayor, and the City Administrator for going to Washington, D. C., trying to negotiate a settlement to this situation. After giving it much thought, although there were some areas that he didn't basically agree with, felt that the conclusion of what had happened, that what the Charter Revision Committee had recommended to the Council, is, under the circumstances, in the best interest of the City. • Motion by Commissioner Tomerlin, seconded by Commissioner Simons to approve Ordinance No. 1186 as read. Motion carried by the following vote: AYES: Commissioners Tomerlin and Simons. NAYS: Commissioners Kibodeaux and Cline. Mayor Meza voted aye to break the tie. CAPTION: AN ORDINANCE APPROVING THE REVISIONS TO THE HOME RULE CHARTER OF THE CITY OF LA PORTE AND AUTHORIZING THE CITY ATTORNEY TO SUBMIT THE PORTIONS OF SUCH WHICH AFFECT VOTING, ALONG WITH SUPPORTING DOCUMENTATION, TO THE UNITED STATES DEPARTMENT OF JUSTICE FOR APPROVAL; AND PROVIDING AN EFFECTIVE DATE HEREOF. + + + • 5. CONSIDER APPROVING PROPOSED ORDINANCE NO. 1187 - ORDINANCE CALLING AN ELECTION IN THE CITY OF LA PORTS TO CONSIDER THE CONSOLIDATION OF THE CITIES OF LOMAX AND LA PORTS, TEXAS; MAKING FINDINGS OF FACT; PROVIDING FOR THE USE OF VOTING MACHINES; APPOINTING ELECTION OFFICIALS; PROVIDING FOR METHOD AND DATES OF ABSENTEE VOTING; PROVIDING FOR RETURN AND CANVASS OF VOTES OF SAID ELECTION; PROVIDING FOR COMPLIANCE WITH THE VOTING RIGHTS ACT OF 1975; PROVIDING FOR NOTICE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING P, SAVINGS CLAUSE:' AND PROVIDING AN EFFECTTIVE DATE HEREOF. • • • • Regular Meeting 2/20/80 4 5. CONSIDER APPROVING PROPOSED ORDINANCE NO. 1187 - ORDINANCE CALLING AN ELECTION IN THE CITY OF LP; PORTS TO CONSIDER THE CONSOLIDATION OF THE CITIES OF LOMAX AND LA PORTS CONTINUED) After the ordinance had been read in full, Commissioner Tomerlin had a question in section 2, noting that the proposed ordinance made mention of the School Trustee's Election but no mention of the City Official Election the same day, and felt it should be included in the section. The Assistant City Attorney stated that it had been called separately and did not feel that it was necessary. Motion by Commissioner Cline, seconded by Commissioner Simons to approve Ordinance No. 1187 as read. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. CAPTION: AN ORDINANCE CALLING AN ELECTION IN THE CITY OF LA PORTS TO CONSIDER THE CONSOLIDATION OF THE CITIES OF LOMAX AND LA PORTS, TEXAS; MAKING FINDINGS OF FACT; PROVIDING FOR THE USE OF VOTING • MACHINES; APPOINTING ELECTION OFFICIALS; PROVIDING FOR METHOD ARID DATES OF ABSENTEE VOTING; PROVIDING FOR RETURN AND CANVASS OF VOTES OF SAID ELECTION; PROVIDING FOR COMPLIANCE WITH THE VOTING RIGHTS ACT OF 1975; PROVIDING FOR NOTICE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. + + + 6. CONSIDER APPROVING AGREEMENT WITH GULF COAST METROPOLITP,N SENIOR CITIZENS SERVICES - It was moved by Commissioner Cline, seconded by Commissioner Simons to approve the agreement with Gulf Coast Metropolitan Senior Citizens Services. A copy is attached and made a part of these minutes. Potion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. + + + • • • • Regular Meeting 2/20/80 5 7. CONSIDER APPROVING PROPOSED ORDINANCE NO. 1188 - ORDINANCE AMENDING CHAPTER 12, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; CONTAINING 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 DOLLARS ($200.00) AND EACH DAY OF VIOLATION SHALL BE DEEMED A SEPARATE OFFENSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF - The proposed ordinance was read in full. It was moved by Commissioner Kibodeaux, seconded by Commissioner Tomerlin to approve the ordinance as read. Commissioner Simons stated that he was of the opinion that the ordinance was to say that you could pay cash only at City Hall for the bags and not at public works. There was a brief discus- sion. Commissioner Cline questioned, purchased by an adult, and a current water bill or stub, then what if you don't have a water bill? There was a brief discussion regarding the fact that you must be a current resident. Commissioner Cline stated that • some residents didn't pay water bills, but they still have garbage pickup. There was a brief discussion on identification for proof of residence. The ordinance was corrected to read: Bags must be purchased by an adult, and a current water bill, stub, or proof of residence must be shown in order to purchase said bags. The price of said bags may be paid for by cash at City Hall only or will be charged to purchaser's water bill and collected at the due date and shall be considered a part of the purchaser's water bill. Motion by Commissioner Kibodeaux to amend his motion to approve Ordinance No. 1188 as corrected. Motion seconded by Commissioner Tomerlin. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. CAPTION: ORDINANCE AMENDING CHAPTER 12, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; CONTAINING 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 DOLLARS ($200.00) AND EACH DAY OF VIOLATION SHALL BE DEEMED A SEPARATE OFFENSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. + + + • • Regular Meeting 2/20/80 6 8. CERTIFICATE OF APPRECIATION - Mayor Meza called for a break in the regular order of business and asked that Sergeant Samuel R. Jacobs come forward from the audience. Mayor Meza presented a certificate of appreciation to Sergeant Jacobs, on behalf of the City, for his services to our youth and the community. Sergeant Jacobs stated that this certificate meant more to him than his award from the 100 Club, because it came from the City officials. + + + 9. CONSIDER DECISION OF PUBLIC HEARINGS - DANGEROUS BUILDINGS LOCATED AT THE FOLLOWING LOCATIONS: 409 N. BROADWAY, LOTS 27 AND 28, BLOCK 85, LA PORTE - Ms. Ida Chapple. 1028 S. FIRST, LOT 19, BLOCK 179, LA PORTE - R.H. #12 LTD. 400 W. MAIN, LOTS 21 THRU 23, BLOCK 57, LA PORTE - • MRS. GLEN SEREAU. 1915 CRESCENT VIEW DRIVE, LOT 1, BLOCK 1, CRESCENT SHORES - D4R. MATTHEW L. GRECO Commissioner Tomerlin asked if anything had transpired to change the status of the above buildings since the public hearing? There was nothing. Motion by Commissioner Tomerlin, seconded by Commissioner Cline to declare the buildings to be dangerous and proceed with the process for demolishion for 409 N. Broadway, 1028 S. First, 400 W. Main, and 1915 Crescent View Drive. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. + + + Commissioner Simons asked about the status of the Merritt property. Mr. Paulissen stated that one letter had been delivered to Mr. Merritt; he had been filed on in court and another letter was to be delivered to him. There was a discussion regarding the fact that Mr. Merritt just keeps on paying when taken to court. • The Administrator stated that we were working on the weed ordinance and Mr. Merritt was not the owner of the property, so the owner was being notified also. + + + • • • Regular Meeting 2/20/80 7 10. CONSIDER APPROVING PROPOSED ORDINANCE N0. 1189 - ORDINANCE GRANTING A PERMIT TO FRANK MOHN, HOUSTON, INC., TO CROSS AVENUE "C" WITH A PRIVATE ELECTRICAL LINE - The proposed or finance was rea in u Commissioner Cline asked if there was any difficulty with the Light Company regarding this permit? The Administrator stated that he haid discussed it with the Light Company representative, Mr. Wyatt and he did not know whether or not they would issue him service or not. He further stated that he had discussed it with the electrical board and there were no objections. Motion by Commissioner Cline, seconded by Commissioner Simons to approve Ordinance No. 1189 as read. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. • CAPTION: AN ORDINANCE GRANTING A PERMIT TO FRANK MOHN HOUSTON, INC., FOR A FIFTEEN FOOT (15') WIDE UTILITY EASED~IENT ACROSS THE RIGHT-OF-WAY OF WEST "C" STREET, ADJACENT TO THE WEST FIFTEEN FEET (W.15') OF LOT ONE (1), BLOCK SEVEN HUNDRED EIGHTY-SEVEN (787), AND LOT SIXTEEN (16), BLOCK SEVEN HUNDRED SIXTY-TWO (762), TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; AND PROVIDING THE TERMS OF SUCH PERMIT AND EASEMENT; AND PROVIDING AN EFFECTIVE DATE HEREOF. + + + 11. ADMINISTRATIVE REPORTS - A. The Administrator stated that he had distributed a memo updating projects from all department heads. B. A memo from the Tax Assessor-Collector regarding disability exemptions had been distributed for consideration. If the Commission wished to allow disability exemptions we would have to pass an ordinance the first week of March. A discussion followed regarding the disability exemption. C. The Administrator stated that Chief Freeman, Lieutenant • La Fitte, Sergeant Powell and himself would be in Houston tomorrow getting recertified for defensive driving instructors. D. The Administrator requested an executive session for legal and contractural matters. • Regular Meeting 2/20/80 8 12. COUNCIL ACTION - Commissioner Tomerlin stated that Commissioner Kibodeaux had located six 90-foot creosote poles at a price of approximately $4,000.00 and asked for permission to deal for the poles. It is nearly baseball season. The poles are in Houston and will have to get them to La Porte. The company will not deliver. It was determined that these were surplus and a decision must be made before Friday. There was a brief discussion regarding prices. Motion by Commissioner Simons, seconded by Commissioner Tomerlin to leave to the discretion to Commissioners Tomerlin and Kibodeaux if the poles were to be purchased or not after getting comparative prices and the funds to come from the Revenue Sharing Fund. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. + + + • COUNCIL ACTION - Commissioner Cline asked about the rezoning of the property where the old Ted True building was located. She had heard that Pierside Industries was selling the property and not going to use it after it was rezoned to light industry. There was a brief discussion regarding properties being rezoned for one use and then sold and used for another use, and the need to put special use conditions on properties when they were rezoned. Commissioner Cline stated that she was concerned and wanted the entire Commission to be aware. + + + 13. 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 Simons that the meeting recess for an executive session. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. The meeting recessed at 7:53 P.M. The meeting reconvened at 8:45 P.M. + + + • • Regular Meeting 2/20/80 9 14. ADJOURNMENT ~ Motion by Commissioner Kibodeaux, seconded by Commissioner Simons that the meeting adjourn. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. The meeting adjourned at 8:46 P.M. a Margie oyen, Ci y Clerk Passed and Approved this the 5th day of March, 1980. • J. J. Meza, Mayor C • ORDINANCE NO. (~ AN ORDINANCE APPROVING THE REVISIONS TO THE HOME RULE CiiARTER OF THE CITY OF LA PORTE AND AUTHORIZING THE CITY ATTORNEY TO SUBMIT T:iE PORTIOPIS OF SUCH WHICH AFFECT VOTING, ALONG WITH SUPPORTING DOCUMENTATION, TO THE UPIITED STATES DEPARTMENT OF JUSTICE FOR APPROVAL; AND PROVIDING AN EFFECTIVE DATE HEREOF. tiVHEREAS, the Charter Revision Committee has made its final recommendation for revisions to the Home Rule Charter of the City of La Porte and some of such revisions are changes affecting voting in the City of La Porte; 6VHEREAS, Section 5 of the Voting Rights Act of 1965 of the United States, Public Law 89-110, requires submission of all pro- • posals for changes affecting voting rights prior to malting such change; and WHEREAS, the passage of this ordinance constitutes final action on the wording of such changes affecting voting prior to the election concerning such changes; NOW THEREFORE: BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: Section 1. The revisions to the Home Rule Charter of the City of La Porte as submitted by the Charter Revision Committee are hereby approved as submitted and the City Attorney is hereby authorized to submit to ttie United States Department of Justice all such revisions which will affect voting, along with support- ing documentation requested by the Department of Justice. n U Section 2. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 20th day of February, 1980. CITY OF LA PORTE By • J. J. Meza, :layor r--, Ordinance No. ATTEST: Page 2. City Clerk APPROVED: • ,~_ L~~~ ~~ ~. City Attorney • ~ • CJ ORDINANCE NO. 1187 AN ORDINANCE CALLING AN ELECTION IN THE CITY OF LA PORTS TO CON- SIDER THE CONSOLIDATION OF THE CITIES OF LOh1AX AND LA PORTS, TEXAS; h1AKING FINDINGS OF FACT; PROVIDING FOR THE USE OF VOTIhIG MACHINES; APPOINTING ELECTION OFFICIALS; PROVIDING FOR METHOD AND DATES OF ABSENTEE VOTING; PROVIDING FOR RETURN AND CANVASS OF VOTES OF SAID ELECTION; PROVIDING FOR COMPLIANCE WITH THE VOTING RIGHTS ACT OF 1975; PROVIDING FOR NOTICE; FINDING COMPLI- ANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SAVIPJGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTS: Section 1. The City Commission of the City of La Porte, pursuant to Art. 1188, et. seq., Revised Civil Statutes of Texas, ;C hereby finds, determines and declares as follows: • (1) That the proposition of consolidation with La Porte received a majority vote in favor thereof, at an elec- tion in the City of Lomax, held on January 19, 1980, the results of which were canvassed by the City Council of the City of Lomax on January 21, 1980. (2) That the Cities of Lomax and La Porte are each incor- porated cities in this State, adjoining. and contiguous to each other in Harris County, Texas. (3) That the City of Lomax is the smaller of said cities, and that the City of La Porte is the larger of said cities. (4) That petitions bearing the signatures of more than 100 registered voters of the City of La Porte have been duly filed with the City Clerk of the City of La Porte. Section 2. An election shall be held within the corporate limits of the City of La Porte, on the 5th day of April, 1980, such day being the first Saturday in April, 1980, between • seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M., for the purpose of considering the question of whether the City of Lomax, should be consolidated with the City of La Porte. Said election shall be held in conjunction with a Trustee's election to be held on the same date(s) by the La Porte Independent School District, and the appointed officials who shall be appointed to conduct the La Porte Independent School District election, will also be • allowed to conduct the consolidation election for the City of La Porte. ~ • • Ordinance No. 1187 Page 2. Section 3. Said election shall be held at each of the following voting places within said City, and the following named persons, each of whom is a registered voter residing in the City of La Porte, to-wit: Election Precinct No. l: All voters livin.-, in such Pre- cinct No. 1 (consisting of that portion of the City of La Porte which is located east and north of the Southern Pacific Rail- road) shall vote at the La Porte Senior High School Student • Student Lounge, which is located at Park Street and East Fairmont Parkway in the City of La Porte, Texas, with the following election officers: LOU LA6VLER , Presiding Judge D. O. LAIRD , Alternate Presiding Judge Election Precinct No. 2: All voters living in such Pre- cinct No. 2 (consisting of that portion of the City of La Porte which is located west and south of the Southern Pacific Rail- road) shall vote at the Baker School Cafetorium, which is located at West Main Street and Underwood Road, La Porte, Texas, with the following election officials: • ~. B .T y W TFTt , Presiding Judge CAROL GRABBE , Alternate Presiding Judge The Presiding Judge at each of the above specified polling places shall appoint as many clerks as he or she deems neces- sary for the proper conduct of said election at said polling place, provided that at least two clerks shall be appointed in each case. • Ordinance No. 1187 , Page 3. Section 3. Voting at said election, including absentee voting, shall be by the use of voting machines, and the ballots of said elections shall conform to the Texas Election Code, as amended. Absentee voting shall be conducted by a cler'.; for absentee voting, namely, LOU LAPILER and the place at which the absentee voting shall be conducted is designated as the Administration Building, La Porte Independent School • District, 301 East Fairmont Parkway, La Porte, Texas, to which address ballot applications and ballots voted by mail may be mailed. Said clerk shall keep said office open for absentee voting during his regular working hours and in any event for at least eight (8) hours on each day which is not a Saturday, a Sunday, or an official State holiday. Section 4. The ballot for the election shall have printed thereon the following: OFFICIAL BALLOT FOR Consolidation- AGAINST Consolidation Section 5. That all election materials including notice • of the election, ballots, instruction cards, affidavits and other forms which voters may be required to sign and all absentee voting materials shall be printed in both English and Spanish, or Spanish translations thereof shall be made available in the circumstances permitted and in the manner required by law. Section 6. The City Clerk of the City of La Porte shall forthwith issue Notice of said election by causing a substantial • copy of this Ordinance to be published one time in the BAYSHORF • Ordinance No. 1187 Page 4. • SUN, 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. Section 7. Said election shall be held in accordance with • C the provisions of the City Charter of the City of La Porte, and the general election laws of the State of Texas governing general and municipal elections, so far as same may be applicable thereto. Section 8. Immediately after said election, the officers holding the same shall make and deliver the returns of the results thereof and the accompanying records for use in the official canvass to the City Commission of the City of La Porte, and the City Commission shall canvass said returns at the earliest practicable time, and shall, immediately after can- vassing the returns, declare the results of the election. Section 9. If a majority of the-qualified voters at said election shall vote in favor of consolidation, the Mayor shall not certify to the Secretary of State said approval, pursuant to Art. 1192, Revised Civil Statutes, until each of the follow- ing events shall have occurred: (1) Preclearance of the consolidation by the United States Department of Justice, pursuant to Section 5 of the Voting Rights Act of 1965, as amended. (2) Acceptance by the City Commission of any terms and conditions which may be placed upon said preclearance by the United States Department of Justice. Such acceptance shall be evidenced by an ordinance duly enacted by the City Commission. • (3) The final completion and fulfillment of any terms and conditions required by said preclearance, and by said acceptance ordinance, including, but not limited to, the adoption by a majority of the quali- • Ordinance No. 1187 Page 5. fied voters at an election called for said purpose, of any charter amendments which may be required by said preclearance. Upon completion of each of the above matters, such fact shall be evidenced by a final ratification ordinance, duly enacted by the City Commission, which shall authorize the Mayor to certify to the Secretary of State, final approval by the voters, and compliance with Section 5 of the Voting Rights Act of 1965, C as amended, following which the consolidation of such cities • shall be held thereupon to be consummated. Otherwise, such consolidation shall be null and void and of no force and effect. Section 10. Each and every provision, paragraph, sen- tence and clause of this Ordinance has been separately con- sidered and passed by the City Commission 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 unconstitu- C tional, for any cause, it shall nnt-__~mpair 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 11. This Ordinance shall be in effect immediately upon its passage and approval. Section 12. The City Commission officially finds, deter- mines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Commission was posted at a place convenient to the public at the City Hall of the City for the time required by lava • preceding this meeting, as required by the Open Meetings Law, n U Ordinance No. • 1187 Page 6. Article 6252-17, Texas Revised Civil Statutes Annotated; 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 Commission further rati`ies, approves and confirms such written notice and the contents and posting thereof. PASSED AND APPROVED this the 20th day of February, 1980. CITY OF LA PORTE By "~=~`s--- ~_ __ J. J. Meza, Mayor ATTEST: F . .~~'' City Clerk C APPROVED: City Attorney • .. ~ ~ • ORDENANZA NU. 1187 • UNA ORDENANZA LLAMANDO UNA ELECCION EN LA CIUDAD PARA CONSIDERAR LA UNIFICACION DE LAS. CIUDADES~DE LA PORTE Y LOMAX, TEJAS; ESTABLECIENDO EL HECHO; PROPORCIONANDOSE USO DE LAS MAQUINAS PARR VOTAR; NOMBRANDO LOS OFICIALES DE LA ELECCIbN; PROPORCIONANDOSE EL M~TADO Y LA FECHA DE LA VOTACI~N DE LOS AUSENTES; PROPORCIONANDOSE PARA EL REGRESO Y EL CONTAR DE LOS VOTOS DE DICHA ELECCION; PROVEYENDO PARR CONSENTIMIENTO CON EL ACTO DE LOS DERECHOS DE VOTAR DE 1975; PROVEYENDO PARA NOTICIAS; HALLANDO CONSENTIMIENTO CON LA LEY DE LAS SESIONES ABIERTAS; PROVEYENDO UNA CLAUSULA DE REPASO; Y PROVEYENDO UNA FECHA EFECTIVA. SEA ORDENADO POR LA COMISInN MUNICIPAL DE LA PORTE: Seccion 1. La comision municipal de La Porte, de acuerdo con articulo 1188, leyes civiles revisadas de Tejas aqui halla, determine, y declare to seguiente: (1) Que la idea de la unificacion con La Porte recibio • la mayoria de los votos a favor, en una eleccion en la ciudad de Lomax, llevada a cabo el 19 de enero, 1980, los resultados de la cual eran confirmados por el ayuntamiento de Lomax, el 21 de enero, 1980. (2) Que las ciudades de Lomax y La Porte cede una son entidades de este estado, la una al lado de la otra, con frontera comun. (3) Que la ciudad de Lomax es la mas pequena de las dos, y que La Porte es la mas grande. (4) Que pedidos con las firmas de mas de 100 votantes certificados de la ciudad de La Porte hen sido registradas con el dependiente municipal de La Porte. Seccion 2. Una eleccion se celebrara dentro de los • limites de La Porte, el 5 de abril, 1980, este die siendo el primer sabado de abril, 1980, entre las horas de 7 y 7, con el proposito de considerar la cuestion de la consolidacion de La Porte y Lomax. Dicha eleccion se celebrara junto con una eleccion de los fideicomisarios del distrito escolar de La Porte, y los oficiales nombrados pars dirigir la eleccion de los fideicomisarios tambien seran los mismos en la eleccion de la unificacion de La Porte y Lomax. • i ~Ordenanza Nu. 11 Page 2 • Seccion 3. Dicha eleccion se celebrara a cada uno de Los • siguientes lugares dentro de dicha ciudad, y Las siguientes personas, cada una que es votante registrado viviendo en la ciudad de La Porte, seran jueces de la eleccion: Distrito electoral 1 - Todos Los votantes viviendo en este distrito (que consiste en esa parte de La Porte al este y al norte del ferrocarril) votaran en el salon social de estudiantes de la escuela superior de La Porte, ubicada a la calle Fairmont Parkway y la calle Park, en La Porte, con Las siguientes oficiales: LOU LAWLER _, juez D. O. LAIRD , juez alternativo Distrito electoral 2 - Todos Los votantes riviendo en este distrito (que consiste en la parte de La Porte que esta al oeste • y al sur del ferrocarril) votaran en la cafeteria de Baker School, ubicada en la calle West Main y Underwood, con Los siguientes jueces presentes: BETTY WATERS -CAROL GRABBE juez juez alternativo Los jueces presentes en cada de Los lugares de votar citaran tantos dependientes como ellos Crean necesarios para dirigir la dicha eleccion al dicho Lugar, dado que por to menos dos dependientes seran disponibles en cada caso. Seccion 3. La votacion en dicha eleccion, inclusive la votacion de Los ausentes, llevara a Cabo por Las maquinas de votar, y Las balotas tienen que conformar al codigo de elecciones • de Tejas, como enmendado. La votacion de Los ausentes se dirigira por un dependiente para Los ausentes, en efecto, LOU LAWLER , y el Lugar en donde la votacion para Los ausentes se conducira es nambrado como el edificio de administracior~ del distrits escolar de La Porte, 301 East Fairmont Parkway, La Porte, Tejas, y a esta direction se debe enviar Las aplicaciones para balotas. Dicho dependiente guardara su oficina abierto durante Las horas normales de trabajo, • o por to menos ocho (8) horas en Los dias que no sor sabado, domingo, o dia de vacation estatal. ~J r•Ordenanza Nu. 11 Page 3 Seccion 4. La balota de la eleccion lucira to siguiente: BALOTA OFICIAL A FAVOR DE LA UNIFICACION CONTRA LA UNIFICACION Seccion 5. Todas las materias, inclusive noticias de la eleccion, las balotas, las tarjetas con instrucciones, las declaraciones juradas, y otras formes que los votantes tengan que firmer, y todas las materias para la votacion de los ausentes, se escribiran en ingles y espanol, o una traduccion espanola estaran hechos disponibles, segun las circunstancias y en la manera requerida por la ley. Seccion 6. E1 dependiente de la ciudad de La Porte pronto dare noticia de dicha eleccion por causer que copies de esta • ordenanza seen publicadas una vez en al BAYSHORE SUN, to que debidamente se declare ser un periodico comun en esta ciudad, en no menos de diez (10) dies, ni mas de treinta (30) dies en advance de la eleccion. Seccion 7. Dicha eleccion se celebrara de acuerdo con las provisiones de la Carta constitucional de la ciudad de La Porte, y de las leyes generates de elecciones en Tejas, si estas tienen importancia en este caso. Seccion 8. Inmediatamente despues de dicha eleccion, los dirigentes, o jueces, de la eleccion devolveran resultados y documentos para que la comision municipal los pueda user para el recuento official, y la comision municipal tiene que contar los votes tan pronto posible, y entonces tiene que declarer los • resultados de la eleccion. Seccion 9. Si una mayoria en la eleccion vote en favor de la unificacion, el alcalde no puede certificar al secretario del estado su aprobacion haste que hayan ocurrido Cade uno de los siguientes eventos: (1) Permiso de antemano para la unificacion por el departamento de justicia federal, acuerdo con seccion 5 del acto de los derechos de voter de 1965, Como enmendada. r ' ~ Ordenanza Nu. 1 ! Page 4 (2) La aceptacion por la comision municipal de todas Las • condiciones y acuerdos que el departamento de justicia haya puesto sobre este permiso anterior. Tal aceptacion se manifestara por una ordenanza mandada por la comision de la Ciudad. (3) La termination final y el cumplimiento de condiciones requeridas por de dicho permiso, y por dicha ordenanza de aceptacion, inclusive, pero no limitada a, la adoptacion por una mayoria de Los votantes calificados en una election llamada para tal proposito, de cualquier enmendaciones de la Carta constitutional que Sean requeridas por el permiso federal. Al completer cada uno de Los asuntos anteriores, tal hecho se manifestara por una ordenanza de ratification, efectuada por la comision de la Ciudad, la cual darn permiso al alcalde para certificar al secretario del estado, aprobacion final por Los • votantes, y conformidad con seccion 5 del acto de Los derechos de Los votantes de 1965, Como enmendado, y despues la consolidacion de estas ciudades se llevara a Cabo. De otra manera, la consolidacion sera invalida por completo. seccion 10. Cade provision, parrafo, oration, y Erase de esta ordenanza hen sido considerados, y pasados por la comision municipal de La Porte, Tejas, y cada dicha provision hubiera sido pasado sin otra provision, y si cualquier provision en este documento sea inefectiva, invalida, o contra la constitution, no importa la cause, no puede impedir ni danar la parte que queda, sino la parte valida queda en fuerza Como si hubiera pasado sole. • seccion 11. Este ordenanza estara en vigor inmediatamente al ser pasada y aprobada. seccion 12. La comision municipal oficialmente halls, determine, recite, y declare que suficiente noticia de la fecha, hors, Lugar, y contenida de esta session fue hecho publics en un Lugar conveniente al publico en el ayuntamiento durante el tiempo requerido en adelante por la ley, Como requerido por la ley de Las sessiones abiertas. r ` Ordenanza Nu. 1 / Page 5 • E1 articulo 6252.17, las leyes civiles anotadas; y que • esta session ha estado abierta al publico durante todas discusiones y deliberaciones tocante a esta session como requiere la ley. Mas, la comision ratifica, da su aprobacion, y confirma tales noticias, escritas, el contenido, y el hacer disponible al publico de estas noticias. PASADA Y APROBADA este dia el 20 de febrero, 1980. LA CIUDAD DE LA PO RTE BY /s/ J. J. MEZA J. J. Meza, Alcalde Deposicion: • /s/ MARGIE GOYEN Dependiente Municipal APROBADO: /s/ KNOX W. ASKINS Licenciado Municipal • • • MEMORANDUM October 30, 1979 T0: Mayor and Council FROM: James R. Hudgens SUBJECT: Nutrition Center The Nutrition Center operated funded by a grant under Title IIIC which is administered through Gulf and Gulf Coast Metropolitan Senior (GCMSCS), a non-profit corporation the grant funds. by the City receives meals of the Older Americans Act Coast Community Services Citizens Services, Inc. established to administer Attached hereto is a copy of the proposed contract GCMSCS is requesting the City to enter into in order to remain eligible to receive the meals. The contract outlines the assurances and requirements GCMSCS expects the City to comply with. Please review the document, as it wil a workshop agenda item in the near future. ~ x: nuagens ty Administrator JRH/cb Enc. cc: Knox Askins • A ~ ~/~ /)) . • AGRtE:'iENT EETv'EE"~ GULF COAST i•1ETROPOLITAid SEi~IOn i,ITiZEi;S, i"vC. AND CITY OF LAPORTE • THE STATE OF TEXAS ) COUNTY OF HARRIS ) THIS AGREEMENT is made the ~_day of 19 ~ a , by and bet~~~een Gulf Coast Metropolitan Senior Citizens .Services, Inc., an non-profit corporation under the alws of the State of Texas, hereinafter called "GCh1SCS" and the CITY OF LAPORTE, a municipal corporation under the laws of the State of Texas, here- inafter called "City:" W I T N E S S E T H In consideration of the mutual promises and covenants contained herein, City and GCMSCS agrees as follows: 1. City covenants and agrees that it will establish and maintain the hereinafter mentioned site and provede those services as set forth in its Application For Nutrition • Project Award, under Title II IC of the Older American Act; said application is attached hereto as Exhibit "A" and made a part hereof for all intents and purposes. Should there be any conflict between the terms and provisions of said application and this agreement, this agreement will control. 2. City covenants and agrees that the site will be located at LaPorte Senior Center, 911 S. 8th St., LaPorte, Texas 77571. City may relocate the site, temporarily or per- manently, provided City first obtains approval from the Project Director of GCMSCS. 3. GCMSCS will receive attendance sheets, activity records and other data as requir- ed by GCMSCS and the Governor's Committee on Aging from the City. 4. City retains full and complete responsibility for the operation of the program in keeping with the policies and procedures established by GCMSCS. 5a. City, whenever feasible, ~vill recruit workers from the target area's older popula- tion for any site operation. The Site Director will attend the training sessions provid- • ed by GCi~SCS, and the site's progr-am will be monitored by GCMSCS. 5b. For purposes~of this Agreement eligible individuals are those persons sixty (60) years of age or over and who: 1) cannot afford to eat adequarely, and/or; 2) lack the skills and/or knowledge to select and peepare nourishing and well-balanced meals, and/or; 3) have limited mobility which may impair their capacity to shop and cook for themselves, and/or; 4) have feelings of rejection or loneliness which obliterates the incentive ne- cessary to prepare and eat a meal alone. In addition to the foregoing, spouses of such individuals are also considered eligible individuals. • • 6a. City agrees to maintain such accounts and supporting documents as will serve • to permit an accurate and expeditious determination to be made at any time of the stztus of funds, including the disposition of all monies received as well as all contributions either cash or inkind made or received by City and used in the operation of the program. Accountion records are to be maintained in sufficient detail to show the nature of all receipts and disbusements. 6b. City agrees to maintain all records fora perod of three (3) years after the end of the budget period, in audit by or on behalf of the State of Texas has occurred by that time, the records will be maintained until audit or until five (5) years following the end of the budget period, whichever is earlier, and in all cases records will be kept until resolution of any audit questions. 7. City has no obligations to provide meals. It is understood that GCMSCS will arrange for food services with its food vendor, but that GCh1SCS shall have no liability in connection with the food services provided by the vendor except as outlined in the • contractual agreement between GCMSCS and food vendor. City will be held accountable to the GCMSCS for all meals received. 8. City agrees to secure and/or provide all funds for the site operations includ- ing staff, supportive services, and transportation described in the attached application. 9. All contributions received for meals shall be deposited regularly with GCMSCS. 10. It is expressly understood and agreed by and between the parties that GCMSCS has and/or contemplates entering into several other agreements for the purpose of carrying out the terms of the hereinafter grant award and notwithstanding anything to the contra- ry, or which may be construed to the contrary, the collective liability of GCMSCS regard- ing the several agreements shall be limited to the funds received for such purpose under Gulf Coast t~etropolitan Nutrition Project Award under Title ~IICof the Older Americans Act of 1965, as amended, and that in no event shall County be obligated to expend any funds over and above those received pursuant to said A~vard. • 11. If, through any cause, City shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if City shall violate any of the convenants, agreements, or stipulations of this Agreement, GCMSCS shall thereupon have the right to terminate this Agreement by giving written notice to City of such termination and spe- cifying the effective date thereof, at least ten (10) days before the effective date of such termination. • ' 12. GC."SCS, on auth`SFization of t!;e Soard of Directs, or City, ,,,ay ter•~;,inate t:~is Agree~~.ent at any time by giving at least thirty (30) days notice in ~~~riting from one tc • the other. If this Agreement is treminated due to the fault of City, Section II hereof relative to termination shall apply. 13. Any notice permitted or required to be given to City by GCP~SCS hereunder may be given by Certified United States Mail, Return Receipt Requested, addressed to PARKS ;;;JD RECREATION, City of Laporte, P.O. Box 1115, Laporte, Texas 77571 and shall be considered exercised and completed upon deposit in the United States f•1ai7. 14. The term of this Agreement shall begin on December 1, 1978, and continue in full force and effect fora period of twelve (12) months to November 30, 1979, unless ter,:~i- Hated earlier as provided. 15. City agrees to observe the schedule for service delivery as directed by GCMSCS. Said schedule is attached hereto as Exhibit "B" and made a part hereof for all intents and purposes. No holidays other than project holidays will be observed. 16. City agrees to cooperate and assist in any efforts undertaken by GCMSCS or the • Governor's Committee on Aging to evaluate the effectiveness, feasibility, and costs of the program. 17. City agrees to provide one representative and one alternate to be elected by and from among program participants at the above mentioned site to serve on the Project Council for the election of representatives and their alternates. 18. City agrees that no personal information obtained from an individual in con- junction with the program shall be disclosed in a form in which it is identified with him without written consent of the individuals concerned. 19. City agrees to keep records and make such reports in such form and containing such information as may be required by GCMSCS and in accordance with guidelines issued by the Administration on Aging. 20. City is cognizant of and agrees to operate the program fully in conformance • with all applicable State and local standards, including fire, health, safety and sani- tation standards, prescribed in law or regulations. Additionally, City covenants and agrees that it will comply with any and all Federal statutes, laws and regulations re- garding its obligations and duties undertaken herein and pursuant to the terms of this Agreement and said grant award and application. n U • 21. City agrees to comply with Title `~'I# of the Civil 2iehts .=+ct of 1954 (?.L. • 88-353), and the regulations promulgated pursuant thereto. An ;assurance of Compliance with such regulation (form AOA-441) is attached hereto as Exhibit "C." City further certifies that it has no commitments or obligations which are inconsistent with compliant with these and any other agency, organization, or party which participates in this pro- gram shall have no such commitments or obligations. S~venf ~~'re C7~ 22. The site will serve a minimum of ~~~~) meals a day. Failure by City to C~ n U see what a constant outreach and transportation effort is maintained will be grounds for GCMSCS to terminate this Agreement insofar as it pertains to the site. Any deliberate falsification of records by City and/or failure to comply with Title IIICguidelines or other conditions of this Agreement will be sufficient grounds for GCMSCS to terminate this Agreement. In the event of such cancellation, GCMSCS, will see that the eligible participants in the site area are provided meals and services in accordance with standards required by the Title IIICguidelines. EXECUTED in duplicate originals, this ,~! day of ~~.~ ~ 1979 ATTEST CITY OF LAPORTE B Secreta Mayor APROVED AS TO FORM GULF COAST METROPOLITAN SENIOR CITIZENS SERVICES, INC. By gy Project Director ,- • • • EXHIQIT Q Project Holidays The following Holidays shall be observed as official Holidays. New Year's Day January 1st Good Friday Friday before Easter Memorial Day Last Monday in May Independence Day July 4th Labor Day First Monday in September Thanksgiving Day Fourth Thursday in November Friday after Thanksgiving Day • ~ Christmas Day December 25th If a Holiday occurs on a Saturday, the preceeding Friday shall be observed as a Holiday. If a Holiday occurs on a Sunday, the following Monday shall be observed as the Holiday. In addition, the Executive Director, on special occasions, consistent with religious and local business practices, may excuse staff members from work. 4lhenever possible twenty-four (24) hour notice will be given in advance of discretionary holidays. • {,~ ~ • B~~J~1 1, HUTCHISON & ASSOCIATES ~i V~. CONSULTING 6NGIN EER3 1107 FLEETWOOD DRIVE . BAYTOWN. TEXAS 77820 . PHONE (719) 422.8219 ~~ ,,,%' 9011 8AN JACINTO. SUITE 10S . HOUSTON, TEXAS 77004 . (719) 523.2887 `, yl• f~ February 7, 1980 City of La Porte P. 0. Box 1115 La Porte, TX 77571 Attn: James R. Hudgens NORTH 16th STREET SANITARY SE~rJER LINE TO SERVE CHEMLIME CORPORATION I have recently been, in contact with Carl Coleman of Fireman's Fund Insurance Company to discuss the referenced project. Mr. Coleman is of the opinion that the original owner, Chemlime Corporation, is the party that should contact Fireman's Fund for possible additional work on the sewer line. Since evidence indicates that fraudulent construction practices were utilized, Chemlime may have some recourse with Fireman's Fund. I believe it would be appropriate for the City to consult with its attorney re- garding this project. Mr. Coleman indicated he was willing to meet with the City to discuss the matter further. Please notify us as to what course of action the City intends to pursue. Sincerely, ~~"'~~ David A. Corbin DAC/ps / ,~~•~- -; z~~ ~ ~-. , !',r• r..5 .. ~•` ..a ¢ ` f, ', f. `'' " ~/ 1i `~. ~! '.~` jn /'~ ~.~% r ..%'" r r ~' ~ . ,. p. i~r...:~f~ ~• r • • CITY OE LA PORTS -.._-. I ~ ~~ INTER-0~['IC~ h1Ehi0RAMDUt~ TO: Jim Hudgens, City Administrator DATE : February 13, 1980 F ROh1: D. A. Paulissen, City Inspector SUBJECT: Signs. We have recently been directed to start enforcing the provisions of chapter 23 of the Standard Building Code,_requiring a permit for ground signs. This includes the so called Portable Signs. Enclosed you will find copies of two letters that have been mailed to owners and operators ,of portable signs. One letter concerns only non-flashing signs (portable). The other letter concerns flashing electric signs. According to the Texas Motor Vehicle Laws, Article 111, section36, Sub-sect. C and E, no person shall place or maintain a flashing light or flashing electric sign of any color within 1000 feet of any intersection, unless, a permit is granted by the State Highway Commission. Mr. Hudgens and myself have talked with Mr. James Hurt of the Texas Right of Way Commission, he inspects and permits only flashing signs on which he recieves a complaint. There has been a great deal of abuse of public right of ways by owners and operators of portable ground signs. • We are not allowing flashing signs and no signs on public right of way. A letter of concent from the property owner is required for signs located on private property. I have enclosed the entire chapter 23 of the Standard Code which deals with signs and outdoor displays.This Department has followed all requir- ments specified in this chapter. We are trying to acquire self adhesive permit numbers for these signs as required by the code, presently,owners must supply their own numbers. To date, we have not sent letters on all signs in violation, but will do so before the week is out. We have mailed 26 letters, 7 permits have now been issued. We are currently. working with Knox Askins on a portable sign ordinance, hoping for more specific control over this growing problem. Respectfully, D. A. Paulissen • . ,~~ ,~ • ~ ~ °~~~ ~ ~~ e'~HONE ( 71 31 471 .5020 a P. O. Ei oX 1 1 1 5 Date Certified Mail-return receipt requested. Re: Flashing Signs. Gentlemen; ~~~~ e LA FORTE, TEXAS 77571 It has come to the attention. of the In~pecticr. Department of the City of La Porte that you are operating a flashincr sgr_ located at • According to the Texas Motor Vnhic_7e Laws, Article III, Section 3n, sub-section C and F,, no person shall place or rain_tain a Flashing Licht or Flashing Electric Sigr. of any color within ore thousand (1000) feet of any ir_tersection unless a permit is granted by the State Highway Commission for such flashir•g light or electric sign. In addition to being a misdemeanor as set olit in Section 14.3, "Every such prohibited sign, signal, light or marking is hereby declared to be a public nuisance and the authority having jurisdiction over the highcti~ay is hereby empowerc-d to remove t1.e same or cause it to be removed without notice". In audition, it should be noted that a sign may not be placed on a public right of way. If your sign is on such a rigi~t of way it must be removed within 10 days.If corrective action is not taken within 10 days,the sign wi11 be removed without further notice, by a Iicer_sed Auto F~'recker, and placed ir. storage at your expense. Sincerely, City of La Porte, Irspectior. De~:artmcnt • • ,\. ~ , ~~ ~'\ • , • • ~~~ 1 ®~ ~~ ~~~ PHONE (7131 471.5020 • P. O. Box 1115 • LA PORTE. TEXAS 77571 Date Certified Mail- Return receipt requested. Re: Portable Sigr_s. Gentlemen; It has come to the attention of the Inspecticn Department of the City of • La Porte that a Portable Sign, owned or operated by your firm is located at This sign has been placed without a sign permit from this office. A permit must be taken out within 10 days, written consent of the property owner must be filed with the permit applicaticn. It should be noted that a sign may not be placed on a public right of way. If your sian is vn such. a right of way it must be removed withir: 10 days. Ir_ the event of failure to secure a permit, or failure to remove sign from public right of cvay, the sign will be removed without further notice, by a Zicersed Auto Gti'recker, and placed in storage at your expense. Sincerely, City of La Porte, Inspecticn Department • • ~ SIGNS AND OUTDOOR DISPLAYS • LOCATION PER1`IIT i~ OWNER, LESSOR ILLUMINATED TYPE: SPECTACULAR SIGN GROUND SIGN ROOF SIGN WALL SIGN PROJECTION SIGN MARQUE SIGN SHINGLE SIGN • REMARKS: ADDRESS SIZE ADDRESS FLASHING NOTICE PER'~LIT I~~IBER MUST BE POSTED ON FRONT OF SIGN. SIGNS ARE PROHIBITED ON PUBLIC RIGHT OF 4~Y. PLOT PLAN: • -~ ~--~ i- .+ CJ • CHAPTER XXIII C SIGNS AND OUTDOOR DISPLAYS SECTION ?301 -GENERAL • • 2301.1 - OI'TDOOR aI)~"IatTISI\G DISYL:IFS C outdoor adeertising displays, means an5• letter, figure, character, mach, plane, point, marquee sign, design, poster, pictorial, picture, stroke, stripe, line, trademark, reading matter or illuminated seraice, ~~-hich shall be so constructed, placed, attachedi, painted, erected, fas- tened or manuFu•turcd in any nunu~er ~ehatsoe~-er, so that the sauce shall be used for the attraction of the public to any place, subject, person, firm, corporation, public performance, article, machine or merchandise, ~ehatsoe~-er, «~hich are displa~•ed in any manner ~ehat- C soe~-er out of doors. I?~~ery outdoor display shall be classified and conform to the requirements of that classification as set forth in this rhaptcr. 2301.2 - CL_1SS1 FICATlO\ S (a) Fur the purpose of this chapter and the regulations and pro- f ~~i~ions thereof, outdoor ad~rrtising displays shall be classified into _ one ul' the following type signs: i. Spectacular Sign,-nu:~ns an "Outdoor .Advertising Display Sign" ad~•ertising copy usually animated, constructed of metal, wired for lights or luminous tubing, or both, with copy action controlled h}• C the flashed circuit hreal:ers or matographs and attached on an open face steel structure built especially for the purpose. Spectacular signs may be built upon the ground, attached to a call, ur ahu~'e the roof, or projecting from a ~~'all, provided that such ~poctacul~n~ sign meets the requirements of the pro~•isions of. this Cede go~~eruing ground, roof, ~~~all, projection or nru'quee sign, depending upon ~chcre such sign is built, as set i'orth belo~~•. Spectacular signs shall be illuminated «•ith electricity onl~•. f~ " Ground Sign-means an "Outdoor _~d~rrtising Display Sign, ~~~hen such sign is supported by uprights or braces in or upon the ground. ,. Koof Sign--means nn "Outdoor :~deertising Display Sign', crcctc~l, constructed, ur nuiintained abo~~e the roof of any building. ~l. ~~'all Sign-rnrans an `Outdoor :~d~-r~rtising Display Sign" that. shall be affixed to the ~~~all of any building, ~ehen such sign shall In•oject not mare than t~~~cl~e l1'?) inche> from the building. 5. I'roj~~ction sign-nu~ans an "Outdoor :Ad~~~~rtising Display sign" ~chich is affixed to any building call or structure and extends °3-1 • ~ ~ .~ ~' • ... .. ~ ... •. ... .w~:T.l~.'1•nI~ .. .. T .'.C. •;~1 f+•~)i.e ..r ,j;:. ~ .a ... ..•.kfC"wi.'...y .. :dJ'"•.~.. . .. r .. .... '.1 .. .. beyond the building wall, stt•ttctttre, building line ot• property litre more than tweh~e (12) inches. f. '.1'Iarquee Sign-means a projecting sign attached to or hung from a marquee and said marquee shall be known to mean a canopy or co~•ered structure projecting from anti supported by a building, tehen such canopy or covered structure extends beyond the building, building line •or property line. 7. Shingle Sign-means a projection or wall sign not over six (6) square feet in area, constructed of metal ot• otltet• non-combustible material attached securely to a building and not projecting more than twenty-tour (29) inches over public property. 2301.3 - PTJR\IITS I~P:(~li IItFll • (a) An "outdoor Advertising Misplay Sign" shall not hereafter he erected, constructed, altered or maintained except as provided in this Code, until after hermit for the same has been issued by the Building Official as required in Sections 105 and lOf :uul the fee paid as specified in Section 107, 1 ees. . ... ,,,,;,~;.,..,:;;4;.>; (b) A permit fee shall not be required for a shingle sign over a show window or door of a store or business establishment, announcing without display or tlahoratiun, only tht name of the proprietor and nature of the business; nor shall a permit hr; rerluired for a ground Sign advertising .for sale or trot properh~, providing such sign is not over fifteen (15) square .feet in :trc:t. ' 2301.•1 - il).1:\'TII.~ IC:1'1'IO\ O1~ SIC \ S lwery Outdoor Advertising Display Sign hereafter erected, con- structed or maintained, .fur which a permiL• is required shall be plain- ly marked Keith the name af. the person, firm or corporation errcting and maintaining such sign and shall have affixed on the .front thereof the permit numbr~r issued for said sign by tho Ihriliiing Official. 2301.5- A\N[I:-1. 1\51'I:CTIO\ It shall },e the duty of the building Official or his aulhorixed agent to inspect every ground sign, roof: sign, wall sign, and projec- tion sign at least once annually. '2:301.6 - li \ ~:11~ Is SIC \ S Should :ur;• sign become insa:ure nr in d:utl;er of falling or other- • wise unsafe in the opiniun of the Building 1)I'ficial. the otvncr thereof, ar the person, m• firm maintaining the s:une, shall ul,on ~eritten Holier from the Building Ufficial, forth~eith in the rase of immediate danger' ' and in :ury rase n•ithin ten (10) day., sartn•e the same in a manner tr, `- be approeed by the Building i)ffirial, in cnnformit}• with the !n•oei- sions of this C:nde nr remoee such sign. 11' such order is not cnmplierl _':3-_' .r~ • '~ C faith in ten (10) days the P,uilding Official shall remove such sign at the expense of the owner or lessee thereof. 2301.1 -.IIAIN'fENANCF. All signs for which a permit is required, together with all their supports, braces, guys and anchors shall be kept in repair and unless of galvanized or non-corroding metal shall be thoroughly painted at least once every t~~•o years. The Building Official may order the re- . moval of any sign that is not maintained in accordance with the r provisions of this section. Such removal shall be at the expense of the o~~•ner or lessee. 2301.8-UNI.AWFUI, SIGNS In case any sign shall be installed, erected, or constructed in violation of any of the terms of this Code the Building Official shall notify by registered mail or written notice served personally, the / owner or lessee thereof to alter such sign so as to comply 1~•ith this Code or of the 'Coning Regulations and to secure the necessary per- mit therefor, or to remove the sign. If such order is not complied with in ten (10) days the Building Official shall remove such sign at the expense of the owner or lessee thereof. C 2301.9 -LOCATION RESTRICTIONS an Outdoor advertising Display Sign shall not be erected, con- structed or maintained so as to obstruct any fire escape or any ~~•indo~c or door or opening used as a means of egress ot• so as to prevent free passage from one port of a roof to xny other part thereof.~a sign shall not be attached in any form, shape or mannet• to a fire escape, nor be placed in such manner as to interfere ~~•ith any opening required for legal ventilation. 2301.10-SIG\S I'KOJF,CTI\C. OVI•:K PUBLIC PNOI'ERTF Signs projecting from a building or extending over public proper- ty shall maintain a clear height of nine (9) feet above the sidewalk and all such signs shall not extend more than eighteen (18) inches ( of the curblinc. SECTION 2302 -STRUCTURAL REQUIREMENTS 2302.1 -DESIGN AND STRESS DIAGKA~[S I:F.QUIKED Before a permit shall be granted the erector of evet•y Outdoor advertising Sign with the exception of shingle signs and light cloth temporat•y signs, shall submit to the Building Official a desig^ and stress diagram or plan, containing the necessary information to enable the Building Official to determine that such sign complies with all the regulations c f this Code. '?:3-3 • • _ .~ , • 2302.2 - ~VI\D PRESSUII:E In the design anti erection of all Outdoor Advertising Display Signs, the effect of «•ind shall be carefully considered. All signs shall C be so cottstt•ttcted as to withstand the wind pressure as specified in Section 1205. 2302.3 - ~VORI~ING STRESSES (a) In all Outdoor Ad~•ertising Display Signs, the allo«•able ~vot•king stresses shall conform with the requirements of Section 1205 of this Code, except as specified below. 1. The allowable working stresses for steel and q•ood shall be in accordance with the provisions of Chapter SV-"Steel Construc- tion" and Ghapter \V1[-"Wood Construction." ?. The working strength of chains, cables, guys or steel rods shall not exceed one-fifth (1/5) of the ultimate stt•engtlt of such chains, cables, guys or steel rods. { • SECTION 2303 -CONSTRUCTION 2303.1.-GItOU\D SIGNS (a) :~ ground sign constructed entirely of wood material shall nut be at any point Deer twenty-four (?•I) feet above the ground level or located in the Fire District, except where the facing of a {,hound sigu is constructed entirely of sheet metal or other non-combustible material such ground sign may he et•ected inside or outside the Fire District and the supports, braces, battens, ornamental moulding, lilatt.'orm and decorative trittt may be of good material. (b) Lighting reflectors may Tn•oject beyon<I the face of the sign. (c) The bottom coping of every ground sign shall be not less than three (3) feet above the ground or street level, which space ma~• be i'illed with platform decorative trim or light wooden construction. (d) Every ground sign shall provide rigid construction to with- stand wind action in all directions. (e) Any person or persons, partnership, firm or corporation oc- cupying any vacant lot or premises by means of a gtrounri sign, shall be subject to the 5aIl1C ClatICS and responsibilities as the owner of the lot ur premises, with respect to keeping the same clean, sanitary. • inoffensive, i•ree and clear of all obnoxious substances and unsig}ttly conditions on the ground in the vicinity of such ground sign nn said • premises for which they may he responsible. (f) Wherever anchors• or supports consist of wood embe~.lded in the soil, the wood shall be pressure-treated with an approv~:d pre- servative. ?3-4 .~ C~ • 2303.2 - IZOOF SIG\S • (a) All roof signs shall be so constructed as to lea~-e a clear space C nl' not less than xis (G) feet het~~-een the roof level and the lowest tart of the sign and shall have at least five (7) feet clearance Let~~'ec~n the vertical supports thereof; a portion of any roof sign structure shall not project beyond an exterior ~~~all. (b) h:~~ery ruof sign shall he constructed entirely of steel con- struction, including the upright supports and braces, except that only the ornamental moulding and b;ittens behind the steel facing and the decorative lattice ~curlc nut~~ he of wood construction. ~' (c) 'hhe bearing plates of ail ruof sign,, shall distribute the load ilirectl~~ to ur upon masonry calls, steel roof girders, columns or beam,. '1'hc building shall he designed to avoid overstress of these memLers. (d) .A roof sign having ._i tight or solid sru•facc shall not br at any point over twenty-four ('?~1) feet above the roof leccl. t• (e) Open roof sign, in which the uniform open area ~; not less than forty (~1(1) per rent of total gross ;u~ea ma}~ be erected to a height of seaent}•-Tice (i:i) feet on buildings of Type I or Type 1[ Construc- tion and on other type buildings to a height of forty (40) feet, all such signs shrill be thoroughly secured to the building upon ~chich they arc installed, erected or constructed h~' iron, metal anchors, bolts, sup- ports, drams, stranded caLlcs, steel rods or braces and the}- shall he nriintained in good condition as set forth in Section '?301.i. J 2x113.3 - ~1'.U,L SIG \"ti C fa) ~~'all signs attached to exterior walls of solid masonry, con- crelc nr sl~un~, shall hr safcl~° :nul securely attached to the same by mi~:uis of metal anchor;, Lint, or expansion screws of not less ihv~ three-einhths (~', 1 inch in rliametrr aml shall he embedded at least fi~:~ f:,l inch~•s. A1'ood Llncla shall not L~~ u;wi for anchorngr, except in tlu~ rater of call sins attached to buildings with walls of wood. call si~;'n shall not h~~ suplun't~~it by ;inchora~;e.; secured to au un- I~i;u~r~i li;nal~~ 1 call. ILj 'fhe surf;ue fare .,f all ~~~all Lu!Ictins mutt he of sheet metal Luf tlu~ ornauienl;il nnuil~ling :=~.urounding s:une m;~y L~~ .. I' wood rvni~tl'url inn,. t~~l 'fi nit~~~rar~~ clout signs ~~~itli ~~.uod fl:uu~•; ma~~ Lr~ I.~~pt in i~':.. t o~ ;t ~~rri~~~l ~~~~[ ~~zc~~~lin~ thit't~~ IJU) d,tcs. °x113.1-I'R(1.11~:("hIV'(. tiIG\~ ia) .111 t~r~~j~~ciin~; i~;ii< shall i~<• r~~nstrnctr~l i~ntii~~~iy uC metal ~~?i~,~r ;.~in~c~n~,irt.~Ii~,l~~ iua•~•rl;il and s~~curci~' attached to ct iutilding „~~ sU°~u tur~~ h~' nu~':d : i~tiir,rts such as Lnlts, .u:rh~~rs, s~.iptmrts, chains, _~-.-, i • ,- ,- .• guys or steel rods. Staples or nails shall not I)e used to secure any projecting sign to any building or structure. (b) The cleaci load of projecting signs, not parallel to the btlilcl- irlg or structure and the load due to \vind pressure shall be supported with chains, guys, or steel rods having net cross sectional dimension of not less that three-eiglltlls (~;~) inch in diameter. Sucll sul)1)orts shall be erected or maintained at angle of at least forte-fi\•e (4i) degrees \vith the horizontal to resist the dead load and at an angle of forty-.five (d5) degrects or morn. \\•ith the .face of the sign to resit the specified \vind pressure. If sur.h projecting sign exceeds thirty (:3U) square feet in one facial area, there shall be provided at least two (3) such supports on each side not more than eight (8) feet apart to resist •the \\•in<I pressure. (c) All supports shall he securrd to a bolt or expansion scre\\• that \\•ill develop thr, strength of the supportinfi chain, guys or steel rod, \vith a minimum five-cighihs (;;) inch bolt or I:tg scre\\•, by an expansion shield. Turn buckles shall b(: placed in all chains, gu~~s or steel rods supporting projecting signs. i • ~ (d) Chains, cables, gu~-s, or steel rods used to support the live or dead load of. projecting signs may be fastened to solid masonr}• \valls with expansion bolts ot• by machine screws iu iron supports. but such supports shall not be attached to an unbt•acc•d p:u•apet \vall. WIICPC t1lC SUl)1)OYtS InUSt 1)C f:15tCI1Cd t0 \F:11IS Illal'lC of \\'o0c1, t11L' / supporting anchor bolts must go through the \vall and be plated or fastened on the inside in a secure manner. (c) .~ projecting sign shall not Le erected on the \v:dl of. an~• buildint,• so as to projact above the roof. or c•ornicc: \\•all or above the. roof level \\•here there is nu cornice \\•all; except that a sign erected at a )•ight angli• to the building, the hcu•izontal \vidth of \\•hich sign per- pendicular to such \\•all does nut exceed eighteen (.181 inches nut~• Lc: erected to a height not exceeding t\\•o (3) feet above the cont. or cornice \\•:111 ot• abo\•e the roof level \vhere there is no cornice \rall. • A sign atlached to a cw•ner of a building and parallel to the vertical line of such corner, shall he deeme(1 to he erected at a right angle to the building \\•all. 230:i.:i-ll)~1{QliI~.I: $Il:\S 1[arquee signs shall be constructed entirely of metal or non-com- bustible nultet•iul and may be attached to, ot• hung from a 11111'gaCC. and such signs \\•hen hung fl•om a nuu•quee shall be at least eight (S) fort at its lo\\•est le\•el above the sidc\\•alk or ground le\•el, and fur- • ther, such signs shall not oxtrnd outside the linr of such marquee. ~Iarquce signs may he :ltt:uhed to the sides and front of :1 marquee. ~ :uul such sign may extend the entire length :tired \\•idth of said ~ marquee, lu•ovicled such sign does not extend more than six (G) leer abo\•e, nnr nne (11 foot belu\\• such marquee, but under no circum- ?:3-G ,~ C~ • stances, shall the sign or signs have a vertical dimension greater than eight (8) feet. 2303.6 - SPECT_',~iJLAIt SIC.\ S :~11 permits for spectacular sig^s shall be issued by the Building Official upon application therefor, after approval by the department hating jurisdiction over electricity, upon payment of the required permit Fee. The permit to srect or maintain a spectacular sign shall be good for one (1) tear. The Building Official ma}' issue a renewal of the permit issued hereunder upon the expiration thereof or within ~ thirty (1;0) days thereafter upon the payment by the applicant of a rene~~~al fee of t~eo dollars (~~.00) and by surrendering the old permit, accompanied by satisfactory proof in the form of an affidavit that the sign is as safe as when originally licensed and that the wiring or piping of the same is iu good condition. Al! spectacular signs shall he con;! rutted of non-combustible materials. SECTION 2304 -USE Of PLASTIC MATERIALS . ; ...: , fa) ?~ot~~~ithstanding any other provisions of this Code, plastic nriterials ~chich burn at a rate no faster than t~ao and one-half ('~.5} inches per minute ~ehen tesh•d in accordance Frith '°Pest for Flanuna- bility of Rigid Plastics (her o.USU Inches in Thickness, _1S•1'~I 11(i;i5", ~_ shall br d~•enx•d appro~~rd plastics and may he used as the display surface material and for the letters, decorations and facings nn signs and outdoor display structures, provided, that in the Dire 1listrirt the. structure of tiu• sign in ~~hich the plastic is mounted or installed is non-coministihle. • (h) Individual plastic facings of electric signs shall not ~~~ceed t~ao hundred ('?flU) s~~uar~~ feet in area. If the area oC a display- sur- face ~•xcec•ds Uwe hundred (°UII) s~~uare feet, thr at•ea occupied or co~~ered by ~ipprnecd plastics shrill he limited to l~~~o hundr~ d ('?Ittl) s~~uare fret plus fift}~ (i~0) pet•cent of the difference het~ceen t~~~o hundred ('?U(I) si~uare feet and two thousand ('',I)U(~) si~uarc~ fret. (r) The area of plastic on a display surface shall not in any case exceed one thousand one hundt•cd (1,lflll) s~~uare feet. Id) Letters and decorations mounted upon an appt•oved plastic facing or display surfaco nary he made ol• appro~'ed plastics. .~.; ;CP.1 Lh` ~)? ilCE~ C~_ t._-~~ :lam'` .:iii ~~ul • CITY OF LA PORTE INTER OFFICE MEMORANDUM T0: JIM HUDGENS, CITY ADMINSITRATOR DATE: 2-12-80 FROM: pAUL R. HICKENBOTTOM, ASSISTANT FIRE MARSHAL SUBJECT: PUBLIC HEARITIG ON BUILDINGS AT: 315 G1. MADISON • 110 SOUTH SECOND THE BOARD OF INSPECTIONS RESPECTFULLY REQUESTS THAT NO FORMAL ACTION BE TAKEN OrI THE BUILDINGS AT 315 [J. MADISON AND 110 SOUTH SECOND AT THIS TIME. BECAUSE OF AN IMPROPER LEGAL DISCRIPTION, THE LETTER TO THE OYJNER OF THE PROPERTY AT 315 W. MADISON WILL HAVE TO BE REFILED. SITICE THE LETTER TO THE OWNER OF THE PROPERTY AT 110 SOUTH SECOND WAS RETURNED TO THE CITY UNCLAIMED, THE LETTER WILL HAVE TO BE RUN Ir1 THE NE[JSPAPER TWO TIMES . THE BOARD REQUESTS THAT THESE TWO PROPERTIES BE RESCHEDULED FOR THE r'lARCH 13TH PUBLIC HEARING. • Ran,,>; $ 31,000 h E ^J~y~.~ ~,,.~ Y. .k • COMMISSION STATE DEPARTMEN"T OF HIGHWAYS A. SAM WALDROP, CHAIRMAN AND PUBLIC 'TRANSPORTATION DEw1TT C GREER ~• O. BOX 1386 RAY A BARNHART Houston, Texas 77001 January 31, 1980 19$1-a2 Federal-Aid Urban System Program Hon. J. J. Meza Mayor, City of La Porte P. 0. Box 1115 La Porte, Texas 77571 Dear Sir: to $ 47,000 ENGINEER-DIRECTOR B.L. DEBERRY IN REPLY REFER TO FILE NO. The State Departrnent of Highways and Public Transportation (SDHPT) is proposing the formation of a two-year 1981-1982 Statewide Federal.-Aid Urban System Program. tide request that the City/County recommend eligible projects • to be considered for inclusion in this two-year program having a tatal cost in the range indicated on the upper right hand corner of this letter. Each project should be assigned a priority. It is suggested that projects in various price ranges be recommended. This will aid in the selection process. For example, if your selection of projects were as follows: Priority Project No. 1 = $140,000 Priority Project No. 2 = $ 70,000 Priority Project No. 3 = $100,000 and if we only had funds available for an $80,000 project, we could probably pick your priority Project No. 2. The estimated cost should include an allowance for preliminary engineering (Tae suggest 10%), and construction engineering and contingencies (E&C) of 10%. An. inflation factor of a% per year should be used for estimating purposes. If 1980 prices are used in preparing estimates, then projects projected to be let i.n 1982 should be increased 16%, etc. As one-half of the alloted funds will have to be obligated (under contract) by September 30, 1984, and the remaining one-half by September 30, 1985, high priority will be assigned to projects that can advance to contract in a minimum of time. Maintenance-type projects will not be acceptable for inclusion in the program, • Projects must be presently on the Urban System or you must arrange to have the projects placed on the iJrban System through the Steering Committee of the ~/ ~~~ y..+Y1JF~°.y~/ ~~~ ~',t • ..~ .~. z PHONe ( 71 31 <:71 -5020 J ~ _~~~ e P. o. 2oX 1 1 7 5 '`~ '~ ~ ~ 1 .'~ 1 ~:~ '~ LA SORT E, TLXA3 7 7571 February 15, 1980 r1r. Omer Poorman, District Engineer- District No. 12 Texas Department of Highways and Public Transportation P.O. Box 1336 Houston, Texas 77001 RE: 1981-1932 Federal Aid Urban System Program City of La Porte Dear irtr . Poorman The La Porte City Council has authorized the following traffic signal improvement projects in order of priority to be submitted under the above referenced project. 1. Resignalize the intersection of East ~dain at • Broadway and San Jacinto Streets (Five Points). 2. Resignalize the intersection of Broadway at Avenue C. 3. Resignalize the intersection of East tilain Street at Eighth Street. 4. Resignalize the intersection of Broadway at Fairmont ParJcway. 5. Signalize the intersection of San Jacinto at Avenue C. The signal installations are to be on ;east arms with metal standards (no span wires) and control mechanisms shall have the capability for actuation and interconnection for programed pro-~ gression. Thank you for your favorable consideration of our projects. Sincerel>/, ~~~.t. - ~--,----= . J. 2. '~ii`udgens City Ad:~inistrator • JR.iI/cb ,` ~ ;~ • ~ ~~~ ~F ~~ ~~~~~ PHONE ( 713 ) 471 .5020 • P. ~. BOX 1 1 1 5 • LA FORTE, TEXAS 77571 • February 15, 1980 P~Zr. Omer Poorman, District Engineer District No. 12 Texas Department of Highways and Public Transportation P.O. Box 1386 Houston, Texas 77001 RE: 1981-1982 Federal Aid Urban System Program City of La Porte Dear i~Ir . Poorman The La Porte City Council has authorized the following traffic signal improvement projects in order of priority to be submitted under the above referenced project. 1. Resignalize the intersection of East Main at • Broadway and San Jacinto Streets (Five Points). 2. Resignalize the intersection of Broadway at Avenue C. 3. Resignalize the intersection of East Main Street at Eighth Street. 4. Resignalize the intersection of Broadway at Fairmont Parkway. 5. Signalize the intersection of San Jacinto at Avenue C. The signal installations are to be on mast arms with metal standards (no span wires) and control mechanisms shall have the capability for actuation and interconnection for programed pro- gression. Thank you for your favorable consideration of our projects. i Sincerel , ,-- ~ -,. ;J. R. F~udgeris • ;'City Administrator JRF~/cb '~~ ~ CITY O~ ~~ FORTE .. ~ PHONE ( 713 ) 471.5020 • P. O. BoX 1 1 15 • LA FORTE, TExns 77571 J February 9, 1979 Mr. James Furlow ' 11626 North D La Porte, Texas 77571 RE: Grass Mowing at, City of La Porte Municipal Airport Dear Mr. Furlow: This letter is to confirm our recent converstation, during which the City of La Porte has offered to allow you to mow the grass at the City of La Porte Municipal Airport during the calendar year 1979, in consideration of which you would be allowed to keep all of the hay that such grass-mowing produces. You would be obligated to mow the entire fenced airport tract, with the exception of the leased areas, and with the further • exception of the areas within fifty feet (50') of the paved two (2) runways, which you would not be required to mow. How- ever, you would be required to mow all of the remaining portion of the Airport, whether or not your mowing would produce usable hay. You would be required to mow the Airport property a minimum of two (2) times during the remainder of the calendar year 1979, and you may mow it more often, if you so desire. You would be required to mow up to the taxiways, except in places where the taxiways are within fifty feet (50') of the paved runways. In your mo*aing operations, you would be expected to exercise extreme caution, and avoid contact with aircraft, both in the air and on the ground. It would be understood that your relation with the City of La Porte would be that of an independent contractor, and as such, you would be expected to furnish all tools, machinery, etc., necessary for your operation, and be fully responsible for same, and that you would be fully responsible for any damages resulting from your operation at the City of La Porte Municipal Airport. Finally, it is understood that in the event of failure on your • part to mow the Airport property as required, the City may can- cel this agreement upon ten (10) days written notice to you, and have the work done by itself, or other contractors. The first • • Mr. James Furlow February 9, 1979 Page 2 mowing should be conducted as soon as possible after the signing of this contract, and the second mowing as thereafter required. If the terms and conditions as set out in this letter are agree- able to you, please note your acceptance by signing the Xerox copy of this letter, and returning it to the City, retaining the original of this letter as your copy of the agreement. Yours very truly, CITY OF LA PORTE Margie `~n City Clerk MG/cb • ACCEPTED AND AGREED: ----- l" James Furlow n U n u • ~ ~~~~ ~___ ~.N_____ ~" y`_~__` " `~ ~-~ ~l~r • -c,lr'~~-~' ,~~- `'I ~~~~~ ~ .~ ~~ __-- -~.--ci -'4-C_~~~ C'/ ~~G.~