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HomeMy WebLinkAbout1980-05-21 Regular Meeting• MINUTES - REGULAR MEETING • OF THE LA PORTE CITY COMMISSION - LA PORTE, TEXAS MAY 21, 1980 1. Joint meeting of the City Commission and the Planning & Zoning Commission called to order by Mayor J.J. Meza at 7:00 P.M. MEMBERS OF THE CTTY COMMISSIONE PRESENT: Mayor J.J. Meza, Commissioner John Tomerlin, Commissioner I.J. Kibodeaux, Commissioner Virginia Cline, Commissioner Tom Simons and Commissioner Norman Malone. MEMBERS OF THE COMMISSION ABSENT: None. MEMBERS OF THE PLANNING AND ZONING :COMMISSION PRESENT: Chairperson Pat Muston, R.J, Blackwell, J.B. Womack and Dallie Wright. MEMBERS OF THE PLANNING AND ZONING COMMISSION ABSENT: Walter Springall and Lindsay Pfeiffer. • OTHER CITY OFFICIALS PRESENT: James R. Hudgens, City Administrator; Betty Waters, City Clerk; Knox Askins, City Attorney; H.F. Freeman, Police Chief; Paul Hicken- bottom, Fire Marshal; David Paulissen and Ben Talburt, Code Enforcement. OTHERS PRESENT: Betsy Webber, Bayshore Sun; Ray H. Gon- zales, Ray H. Gonzales Sr., Eugene Ybarra, and Mrs. Eu- gene Ybarra. 2. The invocation was given by Commissioner Kibodeaux. 3. A JOINT PUBLIC HEARING WAS HELD BY THE CITY COMMISSION AND PLANNTNG.AND ZONING TO CONSIDER THE EAST ONE=HALF CE.~) OF BLOCK 753, LOTS T7-32, TOWN OF LA PORTE, HARRIS COUNTY, TEX- AS, FROM RESIDENTIAL TO "C", APARTMENT AND COMMERCIAL. Plan- ning, & Zoning's original recommendation concerning this pro- perty was read to those present. Mayor Meza asked if there was anyone present who wished to speak concerning the re-zoning of the East ~ of block 753. Mr, Ray H. Gonzales Jr., 302 South 15th Street, addressed the Commission in opposition to re-zoning the east ~ of block 753, "This matter came up about eight years ago and we were • strongly opposed at that time and we are still stongly opposed. This is an old neighborhood and some of our children are still building and planning to build in this block, we ask that you leave the area as it it." REGULAR MEETING 5/21/80 ~ 2 Mayor Meza asked Mr. Ray H. Gonzales Street if he wished to comment, Mr. son spoke in his behalf. Sr., 402 South 15th Gonzales stated his Mr. Eugene Ybarra, 312 South 15th Street, spoke in opposi- tion to the re-zoning of block 753, stating "It has taken 20 years to get water and sewer on that street, now they are getting the area cleaned up and they are proud of their homes, please don't re-zone our block." Mrs. Eugene Ybarra, 312 South 15th Street, addressed the Commission, "We are proud of our neighborhood, our son is getting ready to build his home on 15th Street and a new church will be built in the near future on that block, please do not re-zone block 753." From the audience Mr. Smith asked the question, "Whose idea was this re-zoning and who is in favor of it?" Mayor Meza stated that the request came from a firm. • Planning & Zoning Commission withdrew into an open meeting to reconsider the question of re-zoning the east one-half of block 753, lots 17-32. A11 interested parties were ins vited to join the Planning & Zoning Commission in their de~ liveration. After lengthy discussion Chairperson Muston reported to the City Commission the decision of the Planning and Zoning Comte mission to withdraw their original recommendation for re- zoning the east one-half of block 753, lots 17-32. Chair- person Muston stated that due to the fact that Mr. Sanders has not presented himself at this hearing nor has he proven ownership of the property in question the Planning & Zoning Commission recommends the property not be re-zoned. A MOTION WAS MADE BY COMMISSIONER SIMONS TO ACCEPT THE RE- COMMENDATTON OF PLANNING & ZONING AND DENY THE REQUEST FOR RE-ZONING BLOCK 753, LOTS 17-32. The motion was seconded by Commissioner Kibodeaux, motion carried 4-ayes and 0-nays. AYES: Commissioners Tomerlin, Kibodeaux, Cline,. and Simons NAYS: None 4. Joint public hearing adjourned. 5. Mayor Meza called to order the regular meeting of the La Porte City Commission. 6. MOTION WAS MADE BY COMMISSIONER TOMERLTN TO APPROVE THE MINUTES.OF.'THE.'MAY 7; T980 REGULAR.MEETTNG OF 'THE 'LA PORTE • ~ CITY COMMISSION AS PRESENTED, seconded by Commissioner Kibo~ deaux, motion carried 4-ayes and 0-nays. AYES: Commissioners Tomerlin, Kobodeaux, Cline, and Simons. NAYS: None REGULAR MEETING 5121./80 • • ?. MOTION WAS MADE BY COMMISSIONER SIMONS, SECONDED BY COM- MTSSTONER TOMERLTN, AUTHORIZING THE ADVERTISING FOR BIDS FOR STREET MATERIALS COLD MIX, I;TQUTD ASPHALT, CHIP ROCK AND LIMESTONE. The motion carried 4-ayes and 0-nays. 3 AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons NAYS:. None 8! MOTION WAS MADE BY COMMISSIONER KIBODEAUX AUTHORIZING THE MAYOR.'TO STGN;~ON~BEHAhF'OF THE CITY OF LA PORTE,'A CONTRACT 'WITH THE HERITAGE SOCIETY. Motion was seconded by Commission- er Simons, motion carried 4~ayes and 0-nays. AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None 9. MOTION WAS MADE BY COMMISSIONER TOMERLIN AUTHORIZING THE MAYOR TO S T GN ON BEHALF OF THE C T TY)1 OF I.rA--,~O$TE-THE-RE: VTSED VERSION OF THE'RURAL FIRE PROTECTION CONTRACT 'WITH HARRIS COUNTY (REVISED TO EXCLUDE ZONE 11), motion was seconded by Commissioner Cline, motion carried 4-ayes and 0-nays. AYES: Commissioners Tomerlin, Kibodeauxr C].ine~ and Simons, NAYS: None • 10. MOTION WAS MADE BY COMMISSIONER KTBODEAUX TO AWARD A CON 'TRACT 'TO H.CARLOS SMITH ENGTNEERS'AND~SURVEYORS, TNC; FOR ENGINEERING ON THE WATER, SEWER AND STREET CONSTRUCTION IN THE LOMAX ADDITION, seconded by Commissioner Simons, a tie vote resulted: 2-ayes and 2-nays. AYES: Commissioners Kibodeaux and Simons. NAYS: Commissioners Tomerlin and Cline. Mayor Meza cast the tie breaking vote: Aye Motion carried. 11. Ordinance No. 1216, an ordinance providing for an election to be held August 9, 1980 for the electors of the City of La Porte, Texas, to accept or reject the amended City Char- ter of said City; designating election precints and poll- ing places; providing for the use of voting machines; ap- pointing election officials; providing for method and dates of absentee voting; providing for return and canvass of said votes of said election; providing for notice; provid- ing a savings clause; finding compliance with the open meet- ing law; and providing an effective date hereof; was read by the City Attorney. A MOTION WAS MADE BY COMMISSIONER TOMER- I;TN TO ADOPT ORDINANCE N0. 1216, seconded by Commissioner Simons, motion carried 4-ayes and 0-nays. • AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None 12. Administrative Reports: REGULAR MEETING 5/21/80 * 4 • City Administrator Hudgens asked that the Commission review the prints submitted by Mr. Sherwood for the civic center at Fairmont Park. Mayor Meza Proclaimed June as "Clean Up Your City Month". Motion to adjourn by Commissioner Tomerlin, seconded by Commissioner Kibodeaux, their being no futher business to be brought before the Commission the meeting was duly ad- journed at 8:10 P.M. Respectfully submitted, .% ett3 T: Waters City Jerk • Passed and Approved this the 4th day of June, 1980 r J.J. Meza, Mayor • ~ • • ORDINANCE NO. /~ ~~ AN ORDINANCE PROVIDING FOR AN ELECTION TO BE HELD AUGUST 9, 1980, FOR THE ELECTORS OF THE CITY OF LA PORTE, TEXAS, TO ACCEPT OR REJECT THE AMENDED CITY CHARTER OF SAID CITY; DESIG- NATING ELECTION PRECINCTS AND POLLING PLACES; 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 NOTICE; PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: Section 1. An election shall be held within the corporate limits of the City of La Porte, Texas, on the 9th day of August, 1980, such day being the second Saturday in August, 1980, between seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M., at which there shall be submitted to the resident qualified voters of the City of La Porte, for their acceptance or rejec- tion, the comprehensive amendment to the Home Rule Charter of the City of La Porte, Texas, as attached hereto as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes. - Section 2. Said election shall be held at each of the following voting places within said City, and the following named persons are hereby appointed as officers of said election, _ _ _ to-wit: Election Precinct No. 1: All voters living 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 Lounge, which is located at Park Street and East Fairmont Parkway in the City of La Porte, Texas, with the following election officers: -Lou Lawler , Presiding Judge D.O. Laird , Alternate Presiding Judge • Ordinance No . /02,/(0 , Page 2 . 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, except the territory of the former City of Lomax) 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: _ F. c3 FPrg~~~nn , Presiding Judge .Tanat ~,,-avPG , Alternate Presiding Judge Election Precinct No. 3: All voters living in such Pre- cinct No. 3 (consisting of that portion of the City of La Porte which was formerly within the city limits of the City of Lomax, Texas) shall vote at the former Lomax City Hall building, which is located at 1508 Lomax School Road, La Porte, Texas, with the following election officials: Sara Armand , Presiding Judge Jerri Neuman , 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. Section 3. Absentee voting by personal appearance shall begin on the 20th day and shall continue througY~ the 4th day preceding the day of the election. Except as authorized herein, the clerk shall not permit anyone to vote absentee by personal appearance on any day which is not a regular working day for the clerk's office, and under no circumstances shall he permit Ordinance No. ~~~~_, Page 3. anyone to vote absentee by personal appearance at any time when his office is not open to the public. Absentee voting by mail shall begin on the 20th day pre- ceding the date of the election and shall continue until ten o'clock (10:00) A.M. on the second day preceding election day. Absentee voting shall be conducted by a clerk for absentee voting, namely, Lou Lawler , and the place at which the absentee voting shall be conducted is desig- nated 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. Said clerk for absentee voting is hereby authorized and directed to appoint deputy absentee balloting clerks, as necessary. Section 4. The City Commission of the City of La Porte hereby finds, determines and declares that it is impracticable to segregate each subject so as to permit a vote of "yes" _or _ . "no" on the same, for the reason that the amended charter is so constructed that in order to enable it to work andr function it is necessary that the comprehensive amendment be adopted in its entirety. For these reasons, the City Commission directs that the comprehensive amendment be voted upon as a whole. Section 5. Voting machines shall be used at said election, and the ballots for said election shall have written or printed thereon the following: OFFICIAL BALLOT For the adoption of the amended charter • Against the adoption of the amended charter • • Ordinance No. _ /a /(~ , Page 4. Section 6. That all election materials including no- 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 7. Notice of said election shall be given by posting a copy of the notice containing a substantial copy of this Ordinance, at the City Hall in the City of La Porte, Texas, and by publication thereof, in The Bayshore Sun, a newspaper of general circulation published in said city, on the same day in each of two successive weeks, the date of the first publi- cation to be not less than fourteen (14) days prior to the date set for said election; and, not less than thirty (30) days prior to such election, the City Clerk shall mail a copy of the proposed amendments to each qualified voter in the City `of La Porte, Texas, as appears on the voter registration rolls of the Tax Collector of Harris County, Texas. • Section 8. Said election shall be held in accordance with 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 9. 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. • Ordinance No. _ fe2/(~ , Page 5. Section 10. In the event that the official canvass of said election shall show that said amendment was approve7~~by the qualified voters, said amendment shall be effective when the official order declaring the results of said election has been entered upon the records of the City of La Porte, and the Mayor shall, as soon as practicable after the entry of said order, certify to the Secretary of State of the State of Texas an authenticated copy of said amendment under the seal of the City, showing approval by the qualified voters. Section 11. Each and ever rovision ar - y p , p agraph, 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- tional, for any cause, it shall not impair 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 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 law preceding this meeting, as required by the Open Meetings Law, 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 ratifies, approves and confirms such • written notice and the contents and posting thereof. Ordinance No. ~~~, Page 6. Section 13. This Ordinance shall be in effect immediately upon its passage and approval. PASSED AND APPROVED this the 21st day• of May, 1980. CITY OF LA PORTE By _ J. J. Meza, Mayor i ATTEST: ,: ~ fi '~ ,~ ~ Cit rk APPROVED: City Attorney To be published: Thursday, July 17, 1980. Thursday, July 24, 1980 • • R