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Home My WebLink About1982-07-07 Regular Meeting and Public Hearing • MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING OF THE LA PORTE CITY COUNCIL JULY 7, 1982 1. The meeting was called to order by Mayor Cline at 7:00 P.M. Members of the City Council Present: Mayor Virginia Cline, Councilpersons Norman Malone, John Longley, Edward Matuszak, Kevin Graves, Lindsay Pfeiffer, Deotis Gay, B. Don Skelton, Linda Westergren Members of the City Council Absent: None Members of the City Staff Present: City Manager Jack Owen, City Secretary Betty Waters, City Attorney Knox Askins, Police Chief H. F. Freeman, Director of Public Works Jerry Hodge, • Chief Inspector David Paulissen, Director of Administrative Services Bob Herrera, Parks Director Stan Sherwood Others Present: Dick Bell, Bayshore Sun; Freida Beaty, Bay- town Sun; Jeff Patterson, Southeast Weekly; Ellen Stover, La Porte Broadcaster; Dan Lyons, Vinson & Elkins; and 23 interested citizens 2. The invocation was given by City Attorney Askins: Heavenly Father, thank you for a free country. Father, we thank you for being able to live in a democratic society where free men and women may gather to pray and conduct public business and act upon it. Father, we pray that Your perfect will be done in every decision and everything that is done here tonight may be pleasing to You. Father, we ask all these things in the name of Jesus. Amen. 3. The Council considered the minutes of the June 16, 1982, Joint Public Hearing and Regular Meeting of the La Porte City Council. A motion was made by Councilperson Skelton to accept and approve the minutes as presented. Second by Councilperson Gay. The motion carried, 9 ayes and 0 nays. • • • Minutes, Regular Meeting and Public Hearing La Porte City Council, July 7, 1982, Page 2 Ayes: Councilpersons Malone, Long ley, Matuszak, Graves, Pfeiffer, Gay, Skelton, Westergren and Mayor Cline Nays: None 4. Mayor Cline declared the public hearing concerning designating the eligible blighted areas as defined in the Act of 1979 arld Chapter 107 of the Rules, Article 5190.6, Vernon's Annotated Texas Civil Statutes now open. City Attorney Askins intro- duced Dan Lyons of Vincent & Elkins. Mr. Lyons attempted to clarify what a blighted area is according to the Act and why the need. Dan Lyons: Industrial Bevelopment Bond funding is essentially a technique whereby users of the facilities, manufacturing, commercial and industrial, can obtain financing from the loan proceeds. The results of this is that cities are able to at- tract industry and commerce and increase their tax base and attract employment and attract business into the area. About 48 or 49 states in the United States have some form of indus- trial bond financing. Texas is relatively new to the program. • The first enabling statute which allowed these types of bonds to be issued was passed in Texas in 1979 Essenti ll h t . a y, w a it provides for is for the use on behalf of either a City or County. A unit such as the Port of Houston, City~of Houston, or even counties have formed Industrial Development Corpora- tions. They then issue Industrial Development Bonds and loan the proceeds of those bonds to companies desiring to build facilities which qualify under the Act. Bonds do not consti- tute any kind of indebtedness of the City or of the unit which develops the Industrial Development Corporation and/or indebt- edness of the Corporation themselves, only in the very limited sense that they are repayable out of revenues which the Industrial Development Corporation make to the users of the facilities. In 1981 the Legislature amended the Act to pro- vide for a different mechanism, whereby these types of bonds can be used for commercial projects. That is the reason for the creation of a "blighted area." Before 1981, you could do commercial projects with these types of .bonds in Texas, only if there was federal grant money to be put into the project to assist it. When the Legislature amended the statute last summer, the Texas Industrial Commission, which is a State agency which has overall supervisory authority for the program, amended its rules in accordance with the amendments of the statute, and now the basic scheme is a City can create an eligible blighted area, designating certain areas within a City a blighted area. Projects located within the blighted • area which are commercial projects may qualify for Industrial Revenue Bond financing upon the makings of certain findings ~ ~ • Minutes, Regular Meeting and Public Hearing La Porte City Council, July 7, 1982, Page 3 by the City, to the effect that the project, for example, will increase the tax base and alleviate unemployment problems. Eligible blighted areas have no effect on the ability of Industrial Development Corporations to finance projects which are manufacturing or industrial in nature. This type of project can be financed anywhere in the jurisdiction of the Industrial Development Corporation, which I might add, is co-extensive with the boundaries of the City which creates it. Mayor Cline asked if, at this point, questions from the Council might not be appropriate. Pfeiffer: I understood the Corporation being formed by the City included not only the City limits of La Porte but our ETJ as well. Lyons: I'm sorry; that is correct if the County gives its permission. • Pfeiffer: Is that a problem? Lyons: No. Longley: Could you give a brief overview how it would operate from the beginning to the end payment? Lyons: There are two different laws which mesh in to do this. There is the State law and the Federal income tax law. The reason the bonds are attractive and companies want to come in and locate, is because the bonds which are issued by the Industrial Development Corporation are tax exempt dollars. Therefore, whoever purchases those bonds is going to be able to loan that money at a lower interest rate than if the Company went out and got commercial financing. The way the financing is structured is the loan agreement between the IDC and the user of the facility that will provide that the user of the facility will pay the loan back in an amount which will equal the debt service on the bonds. So that, in effect, what it does is allow the user to come in and get a loan to build their facility at lower interest rates. The way the whole thing works out is, a company that wants to use IDB's under the Development Corporation will ask the Corporation to take what is known in tax parlance as official action towards issuance of the bonds. This is a tax requirement which relates to the expenditure of funds which can be reimbursed out of • current bond proceeds, because once the Industrial Corporation C~ • Minutes, Regular Meeting and Public Hearing La Porte City Council, July 7, 1982, Page 4 • says, we agree to issue the bonds and. that's a binding com- mitment only in the sense that they are expressing an intent to issue the bonds if you can work all the details out. After the date the IDC takes that action, the user can expend funds and subsequently get those funds reimbursed out of the bond proceeds, so in effect they can take money out of their own pocket, put it in and then get it back at below interest rate and get interim financing which will usually be at a higher interest rate, and. when the bonds are issued, then pay off the interim financing and have a lower interest rate. What happens is, after official action is taken, a period elapses which may be anywhere from several weeks to several months while you work out the details of financing, during which the user of the facility goes on and works on building his facility. The details of the bond issue are worked out. When the details of the bond issue are worked out the IDC actually issues the bonds. And this typically will involve 5 or 6 financing documents, depending on the nature of the financing, whether or not it is going to be secured by a mortgage, whether or not there will be a corporate guarantee • by a parent or an affiliate of the company using the facility. There will also generally be a trust indenture. A trust in- denture is the instrument which describes the bonds, talks about provisions of default under the bond issue. The other important thing the trust indenture does is, the IDC will assign all of its rights and interest in the loan agreement, its rights and interest that exist as security for the repay- ment of the loan to a corporate trustee, which is almost always a bank. The trustee will then administer the entire operation on behalf of the corporation and the holders of the bonds. What actually happens is, the money, as it is paid in, is not paid to the IDC but rather to the trustee on behalf of the IDC, so that in point of fact, after the bonds are issued, IDC itself has virtually nothing to do with the bond issue. Everything is administered by the trustee. All the funds that flow into the trustee and are disbursed to the bond holders. The disbursement of the monies for the construc- tion of the project are disbursed by the trustee on behalf of the corporation. At the time the bond issue closes and it is funded and the money arrives to pay for the bonds, the money will be deposited in a construction fund or a private fund or some kind of trust account with the trustee. The trustee will make disbursements to the party building the facility upon certification to the effect that costs have been expended that affect the construction of the facility. About the only • time an IDC will ever have any involvement after the bonds are • • Minutes, Regular Meeting and Public Hearing La Porte City Council, July 7, 1982, Page 5 • issued will be in the event that you want to issue additional bonds under the trust endenture which you can do for the pur- pose of completing the project or expanding, or even refunding the bonds if there is a change in interest rates. Or the corporation may be asked to join in amendments to the loan agreement by releasing some property that is being held as security, but I think it's safe to say that the corpora- tion's actual involvement up to the time of the bond issue is probably limited to review by its legal counsel to make sure that everything's on track and then the actual signing of the documents and passage of the resolutions necessary to the issuance of the bonds. Gay: What if the recipient of these bonds should go into default? Lyons: The important thing to remember is that these bonds are not obligations of the City. Statuatorily they can't be obligations of the City. The incorporation papers of the IDC • clearly state that they are not obligations of the City. Our bond documents clearly states that they are not obligations of the unit which creates the IDC. There are limited obliga- tions of the IDC itself only to the extent of those revenues. The legal documentation under which the bonds will be issued will make it clear that is is not the City's debt. Malone: Will the eligible blighted area in any way interfere with our zoning? Lyons: No, that is only a term of art used in the context of the corporation and the rules that relate to it. It has no legal meaning outside of that. The City Council will give next to the final decision. The way it works is, the City Council says this is the eligible blighted area and they file their resolution declaring with the Texas Industrial Commission and the Commission has 30 days to comment on it. If they make no comment on it, then the EBA goes into effect. To my knowledge, there have been a pretty good number of EBA established, and I don't think the Commission has commented on any of them at all. Matuszak: Is there any way any industry could take advantage of this without the approval of the governing body? Lyons: No, the statute requires that City Council approve any bond resolution of the IDC. • • • Minutes, Regular Meeting and Public Hearing La Porte City Council, July 7, 1982, Page 6 At this time several persons presented questions from the floor for Mr. Lyons, which he answered. 5. City Attorney Askins requested an executive session on personnel at this time. A_motion was made by Councilperson Westergren to adjourn into executive session at 7:45 P.M. Second by Councilperson Malone. Mayor Cline read an opinion letter from the City Attorney concerning the right of the Council to consider appointments in executive session. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Malone, Longley, Matuszak, Graves, Pfeiffer, Gay, Skelton, Westergren and Mayor Cline Nays: None Council returned to the Council table at 8:10 P.P4. 6. City Attorney Askins read: A RESOLUTION AUTHORIZING THE CREATION OF THE CITY OF LA PORTE INDUSTRIAL DEVELOPMENT CORPORATION AS AN INSTRUMENTALITY OF THE CITY OF LA PORTE A motion was made by Councilperson Skelton to approve and adopt Resolution No. 82-10 as read by the City Attorne creating the La Porte Industrial Development, approving the articles of incorporation and naming the Board of Directors. Second by Councilperson Graves. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Malone, Longley, Matuszak, Graves, Pfeiffer, Gay, Skelton, Westergren and Mayor Cline. Nays: None 7. City Attorney Askins read: A RESOLUTION OF THE CITY COUNCIL DESIGNATING ELIGIBLE BLIGHTED AREAS; MAKING THE FINDINGS RE- QUIRED BY THE RULES OF THE TEXAS INDUSTRIAL COMMISSION; AND CONTAINING OTHER MATTERS RELATING TO THE SUBJECT A motion was made by Councilperson Malone to approve and adopt Resolution No. 82-11 as read by the City Attorney. Second by Councilperson Matuszak. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Malone, Longley, Matuszak, Graves, • Pfeiffer, Gay, Skelton, Westergren and Mayor Cline Nays: None • • Minutes, Regular Meeting and Public Hearing La Porte City Council, July 7, 1982, Page 7 8. Mr. John Lyle, Chairman of Crimestoppers of the Bay Area, Inc., was not present to address Council. 9. Consent Agenda: A. The Council considered the City of La Porte to the HL&P rate increase. B. The Council considered to retain professional study the needs of the recommendations. authorizing the Mayor to commit support the City of Houston in authorization for the City Manager data processing consultant to City in that field and to make C. The Council considered appropriating $2,500.00 for re- taining an engineering firm and recommendations towards .the solutLOn to drainage problem on Coupland Drive. D. The Council considered authorizing the City Manager to retain professional advisors concerning needed mainten- • ance repairs and specifications for repairs to City Hall. A motion was made by Councilperson Westergren to pass and approve items A, B, C, and D as presented on the consent agenda. Second by Councilperson Malone. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Malone, Longley, Matuszak, Graves, Pfeiffer, Gay, Skelton, Westergren and Mayor Cline Nays: None 10. City Attorney Askins read; AN ORDINANCE RECITING THE CIRCUM- STANCES OF THE HL&P COMPANY STATEMENT OF INTENT TO CHANGE ELECTRIC RATES; SUSPEND THE SCHEDULE OF RATES FOR A PERIOD OF ONE HUNDRED TWENTY DAYS FROM THE EFFECTIVE DATE THEREOF. A motion was made by Councilperson Skelton to approve and adopt Ordinance No. 1331 as read by the City Attorney. Second by Councilperson Graves. T e motion Carrie , 9 ayes and 0 nays. Ayes: Councilpersons Malone, Longley, Matuszak, Graves, Pfeiffer, Gay, Skelton, Westergren and Mayor Cline Nays: None 11. City Attorney Askins read: A RESOLUTION RECOMMENDING THE • NAMING AND DESIGNATING THE LA PORTE PUBLIC LIBRARY AS THE EDITH WILSON PUBLIC LIBRARY IN HONOR AND MEMORY. OF EDITH WILSON • • Minutes, Regular Meeting and Public Hearing La Porte City Council, July 7, 1982, Page 8 There was some discussion concerning the involvement between the City of La Porte and Harris County, since the building belongs to the City but it is staffed and equipped by the County, Mayor Cline felt the County should be made aware of the La Porte City Council's feeling. Mayor Cline appointed City Manager Owen and Councilperson Westergren to contact the County and report back to the Council before any final action is taken in this matter. A motion was made by Councilperson Westergren to table the Resolution until such time as Harris County is contacted on this matter. Second by Councilperson Skelton. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Malone, Longley, Matuszak, Graves, Pfeiffer, Gay, Skelton, Westergren and Mayor Cline Nays: None 12. The Council considered authorizing the transfer of $12,000.00 from Park Land Acquisition to Play Ground Equipment. Council- . person Longley brought to the Council's attention bids had been received for playground on Friday, July 2, 1982, after the July 7, 1982, agenda was prepared and posted. Motion was made by Councilperson Longley to authorize the transfer of $12,000.00 from Park Land Acquisition to Play Ground Equipment and authorizing t e City Manager to award the bid for playground equipment to the low adder. Second by Councilperson Malone. The motion carried, 9 a yes and 0 nays. Ayes: Councilpersons Malone, Longley, Matuszak, Graves, Pfeiffer, Gay, Skelton, Westergren and Mayor Cline Nays: None 13. Council considered authorizing the City Attorney to draw an Ordinance to amend Ordinance No. 811 - Section 8C, Subsec- tion (4) (c) due to a recommendation from the La Porte Elec- trical Board and the Code Enforcement Division. A motion was made by Councilperson Westergren authorizing the amendment to Ordinance No. 811. Second by Councilperson Gay. The motion carried, 8 ayes, 0 nays, and l abstain. Ayes: Councilpersons Malone, Longley, Matuszak, Graves, Gay, Skelton, Westergren and Mayor Cline Nays: None Abstain: Councilperson Pfeiffer due to his profession as Electrical Contractor • • Minutes, Regular Meeting and Public Hearing La Porte City Council, July 7, 1982, Page 9 14. Council considered the sale of salvage of a wrecked garbage truck to the City of Seabrook under the Interlocal Cooperation Act. A motion was made by Councilperson Westergren to approve the sale of a salvage garbage truck to the City of Seabrook under the Interlocal Cooperation Act for the amount of 5,000.00. Second by Councilperson Longley. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Malone, Longley, Matuszak, Graves, Pfeiffer, Gay, Skelton, Westergren and Mayor Cline Nays: None 15. There were no Administrative Reports 16. Council Action: Councilperson Malone asked that the staff review the dog ordinance and check on the number of dogs constituting a • kennel. Councilperson Longley requested an executive session on personnel. Councilperson Matuszak announced a meeting of the Greenbelt Ordinance Committee, Thursday, July 22 in the Council Chambers of the City Hall. Councilperson Skelton stated he would have a recommendation on amending the Game Room Ordinance ready for the next workshop. Mayor Cline thanked the Parks Department for the beautiful 4th of July fireworks display. A special thanks to Stan Sher- wood, Mark Lewis, Bill Baggett and Duane Matula. 17. The Council retired into executive session as requested by Councilperson Longley at 9:10 P.M. The Council returned to the Council table at 9:52 P.M., at which time the Mayor entertained a motion to adjourn. Motion by Councilperson Malone to adjourn. Second by Council- person Longley. The meeting was duly adjourned. Respectfully bmitted: • ty T. Waterus~~/I / City Secretary Minutes, Regular Meeting and Public Hearing La Porte City Council, July 7, 1982, Page 10 Passed and Approved this th 21st day of July, 1982 V' ginia Cline, Mayor • • • RESOLUTION 82-10 • A RESOLUTION AUTHORIZING THE CREATION OF THE CITY OF LA PORTS INDUSTRIAL DEVELOPMENT CORPOP.ATION AS AN I?~STR~_-1ENTALITY OF THE CITY OF LA PORTS; AND CONTAINING OTHER ??OVISIO?~1S RELATING TO THE SUBJECT. WHEREAS, the Development Corporation Act of 1979, Article 5190.6, Vernon's Annotated Texas Civil Statutes, as amended (the "Act"), authorizes the creation and administration of industrial development corporations to act on behalf of cities, counties and conservation and reclamation districts in the promotion and development of commercial, industrial and manufacturing enter- prises to promote and encourage employment and the public welfare; and ~~HEREAS, the Act authorizes cities, co~,:nties and conserva- tion and reclamation districts to utilize an industrial develop- ment corporation to issue obligations and bonds on behalf of the sponsoring city, county or conservation and reclamation district to finance projects promoting and developing commercial, indus- trial and manufacturing enterprises; and LvHEREAS, three natural persons, eac'r~ of whom is at least eighteen years of age and a qualified elector of the City of La Porte (the "Unit"), have filed with the City Council (the "Governing Body") of the Unit of a written application (the "Petition") requesting that the Unit authorize and approve the creation of the CITY OF LA PORTS INDUSTRIAL DEVELOPMENT CORPOR- ATION (the "Corporation") and approve the Articles of Incorpora- tion and Bylaws to be used in creating the Corporation; and WHEREAS, the Corporation has been or will be created. and organized as a Texas nonprofit corporation, pursuant to the provisions of the Act, for such limited purposes; and '-•7HEREAS, tf"ie Governing Body of the Unit has reviewed and approved the Petition and the Articles of Incorporation and Bylaws and has determined to authorize and approve the creation of the Corporation, a not-for-profit entity, as its constituted authority and instrumentality to accomplish the specific public purpose of the promotion and development of commercial, indus- trial and manufacturing enterprises to promote and encourage employment and the public welfare; N0~~7, TffEREFOP.E; C~ • • Resolution 82-10, Page 2. • BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. That the Corporation is hereby authorized and approved for creation as an industrial development corporation under the provisions of the Act. Section 2. That the Corporation is hereby designated as the duly constituted authority and instrumentality of the Unit (within the meaning of those terms in the regulations of the United States Department of Treasury and the rulings of the Internal Revenue Service prescribed and promulgated pursuant to Section 103 of the Internal Revenue Code of 1954, as amended) and shall be authorized to act on behalf of the Unit for the specific public purpose of the promotion and development of commercial, industrial and manufacturing enterprises to promote and encourage employment and the public welfare; but the Corporation is not intended to be and shall not be a political subdivision or a political corporation within the ;Weaning of the Constitution and the laws of the State of Texas (the "State"), including, without limitation, Article • III, Section 52 of the State Constitution, and the Unit does not delegate to the Corporation any of its attributes of sovereignty, including the power to tax, the power of eminent domain and the police power. Section 3. That the Corporation may, under the conditions set forth in this Resolution, issue obligations on behalf of the Unit, acquire, lease, sell or convey certain properties and make loans for the promotion and development of commercial, industrial and manufacturing enterprises to promote and encourage employment and the public welfare. The Unit shall not lend its credit or grant any public money or thing of value in aid of the Corporation. Furthermore, obligations issued by the Corporation with the approval of the Unit shall be deemed not to constitute a debt of the State, of the Unit or of any other political corporation, subdivision or agency of the State or a pledge of the faith and credit of any of them, but such obligations shall be payable solely from the funds herein provided. The Corporation shall not be authorized to incur financial obligations which cannot be paid from the proceeds of the obligations or from revenues realized from the lease or sale of a project or realized from a loan made by the Corporation to finance or refinance in whole or in part a project. "Project" shall mean the land, buildings, equipment, facilities and improvements (one or more) found by the Board of Directors of the Corporation (the "Board of Directors") to be required or suitable for the promotion of commercial or industrial development enterprises, irrespective of whether in existence or Resolution II2-10, Page 3. required to be acquired or constructed after the making of such findings by the Board of Directors. Section 4. That the Articles of Incorporation of the Corpor- ation and the Bylaws of the Corporation, in the forms attached hereto are hereby approved for use and adoption by the Corporation; provided, however, that any amendments to the Articles of Incor- poration shall be subject to the further approval of the Governing Body. Section ~. That the Governing Body shall approve by written resolution any agreement to issue bonds, including refunding bonds, adopted by the Corporation, which agreement and resolution shall set out the amount and purpose of the bonds. Furthermore, no issue of bonds, including refunding bonds, shall be sold and delivered by the Corporation without a written resolution of the Governing Body adopted no more than 60 days prior to the date of the sale of the bonds specifically approving the resolution of the Corporation providing for the issuance of the bonds. Section 6. That, upon dissolution of the Corporation, the Unit shall accept title to or other interests in any real or personal property owned by the Corporation at such time. Section 7. That this Resolution is adopted for the purpose of satisfying the conditions and requirements of the Act and of Section 103 of the Internal Revenue Code of 1954, as amended and the regulations prescribed thereunder from time to time and for the benefit of the Corporation, the Unit, the owners or holders from time to time of the obligations of the Corporation and all other interested persons. Section 8. That the Governing Body has considered evidence of the posting of notice of this meeting and officially finds, determines, recites and declares that a sufficient written notice of the date, hour and place of this meeting and of the subject of this Resolution was posted on a bulletin board located at a place convenient to the public in the City Hall of the Unit for at least 72 hours preceding the scheduled time of such meeting; that such place of posting was readily accessible to the general public at all times from such time of posting until the scheduled time of such meeting; and that such meeting was open to the public as required by law at all times during which the Resolution and the subject matter thereof were discussed, considered and formally acted upon, ail as required by the Open Meetings Law, Artile 6252- 17, Vernon's Annotated Texas Civil Statutes, as amended. The . Governing Body further ratifies, approves and confirms such written notice and the contents and posting thereof. C~ Resolution 82-10, Page 4. i PASSED Ai1D APPROVED this 7th day of July, 1982. CITY OF LA PORTE ATTEST: City Secretary • APPROVED: ~' (/ City Attorney By Virginia Cline, Mayor • • • PETITION FOR CREATION OF THE CITY OF LA PORTE INDUSTRIAL DEVELOPMENT CORPORATION • We, the undersigned qualified electors of the City of La Porte (the "Unit"), each of whom is at least eighteen years of age, hereby request the City Council (the "Governing Body") of the Unit to authorize and approve by resolution, pursuant to the Development Corporation Act of 1979, Article 5190.6, Vernon's Annotated Texas Civil Statutes, as amended, the creation of the CITY OF LA PORTE INDUSTRIAL DEVELOPMENT CORPORATION (the "Cor- poration") to act on behalf of the Unit in the promotion and development of commercial, industrial and manufacturing enter- prises to promote and encourage employment and the public welfare. We further request that the Governing Body approve the attached Articles of Incorporation to be used in organizing the Corporation and the attached Bylaws to be used in governing the internal affairs of the Corporation. IN WITNESS WHEREOF, we have hereunto set our hands this 28th day of June, 1982. y ~~ .---~ ~' ,' ~,,. BET Y BLACKMON ETTY WATERS LYNDA PO Y HASKINS 920 S. 2nd Street La Porte, Texas 77571 2202 26th Street La Porte, Texas 77571 707 S. 2nd Street La Porte, Texas 77571 • THE STATE OF TEXAS § COUNTY OF HARRIS § I, the undersigned, a Notary Public, do hereby certify that on thisd,p,t,~ day of , 19~, personally appeared before me BETTY BLACKMON, BETTY WATERS, and LYNDA POSEY HASKINS, who each being by me first duly sworn, severally declared that they are the persons who signed the foregoing petition as incor- porators, and that the statements therein contained are true. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year above written. .(SEAL) otary Public in an for the State of as My Commission Expires ~~ • • • ARTICLES OF INCORPORATION OF THE CITY OF LA PORTE INDUSTRIAL DEVELOPMENT CORPORATION We, the undersigned natural persons, each of whom is of the age of eighteen years or more and a qualified elector of the City of La Porte (the "Unit"), acting as incorporators of a Corporation under the Development Corporation Act of 1979, Article 5190.6, Vernon's Annotated Texas Civil Statutes, as amended (the "Act"), do hereby adopt the following Articles of Incorporation for such Corporation: ARTICLE I The name of the Corporation is the CITY OF LA PORTE INDUSTRIAL DEVELOPMENT CORPORATION. ARTICLE II The Corporation is a nonprofit corporation. • ARTICLE III The duration of the Corporation shall be perpetual. ARTICLE IV The Corporation is organized and may issue bonds on behalf of the Unit for the specific public purpose of the promotion and development of commercial, industrial and manufacturing enter- prises to promote and encourage employment and the public welfare. ARTICLE V The Corporation has no members and is a nonstock corporation. ARTICLE VI The Corporation's internal affairs shall be regulated by a set of Bylaws, not inconsistent with the laws of this State, which have been approved by the City Council of the Unit (the "Governing Body"), under whose auspices the Corporation is created. ARTICLE VII The street address of the initial registered office of the Corporation is 604 W. Fairmont Parkway, La Porte, Harris County, . Texas, and the name of its initial registered agent at such address is Betty Waters. • -2- ARTICLE VIII The number Directors of the addresses of the are: Name Address • of directors constituting the initial Board of Corporation is seven (7), and the names and persons who are to serve as the initial directors • u • • -3- ARTICLE IX The name and street address of each incorporator Name Address Betty Blackmon 920 South 2nd Street La Porte, Texas Betty Waters Lynda Posey Haskins 2202 26th Street La Porte, Texas 707 South 2nd Street La Porte, Texas ARTICLE X are: The Governing Body of the Unit has specifically authorized by Resolution the Corporation to act on its behalf to further the specific public purpose of the promotion and development of commercial, industrial and manufacturing enterprises to promote and encourage employment and the public welfare and has approved these Articles of Incorporation of the Corporation. ARTICLE XI These Articles of Incorporation may at any time and from time to time be amended by the Board of Directors or by the Governing Body, subject to such restrictions and in accordance with such procedures as may be provided in the Bylaws of the Corporation; so long as the Articles of Incorporation as amended contain only such provisions as are lawful under the Act. IN WITNESS WHEREOF, we have hereunto set our hands this day of July, 1982. ~. r~~ ~ ~ ~~~~~~ ~' B-ETTY BLACKMON ~-~ TY WATERS ,~ \ i ~ ~ ; ~~ (~~~ r. ~ r-- r - ;~`~ i~ LYNDA POKEY HASKINS 1 ~. • • -4- THE STATE OF TEXAS § § COUNTY OF HARRIS § I, the undersigned, a Notary Public, do hereby certify that on this day of July, 1982, personally appeared before me BETTY BLACKMON, BETTY WATERS, and LYNDA POSEY HASKINS, who each being by me first duly sworn, severally declared that they are the persons who signed the foregoing Articles as incorporators, and that the statements therein contained are true. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year above written. Notary Public in and or the State of Texas My Commission Expires: (SEAL) • • • EXHIBIT G BYLAWS OF THE CITY OF LA PORTE INDUSTRIAL DEVELOPMENT CORPORATION ARTICLE I POWERS AND PURPOSES Section 1. Financing of Industrial Development Projects. In order to implement the purposes for which the Corporation was formed as set forth in the Articles of Incorporation, the Corporation shall issue obligations to finance all or part of the cost of one or more projects pursuant to the provisions of the Development Corporation Act of 1979, Article 5190.6, Vernon's Annotated Texas Civil Statutes, as amended (the "Act"). Section 2. Conditions Precedent to Issuance of Obli- gations. The Corporation shall not issue any obligations unless: 1) The City Council (the "Governing Body") of the City • of La Porte (the "Unit") has approved by written resolu- tion, adopted no more than sixty (60) days prior to the date of delivery of the obligations, the resolution of the Corporation providing for the issuance of the obli- gations; and 2) The Texas Industrial Commission, or the executive director thereof, has approved the contents of any lease, sale or loan agreement made by the Corporation under the Act in connection with the issuance of obligations by affirmatively finding that the project sought to be financed is in furtherance of the public purposes of the Act. CJ Section 3. Books and Records; Approval of Programs and Financial Statements. The Corporation shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of its Board of Directors (the "Board of Directors") and committees having any of the author- ity of the Board of Directors. All books and records of the Corporation may be inspected by any director or his agent or attorney for any proper purpose at any reasonable time; and at all times the Governing Body will have access to the books • and records of the Corporation. The Unit shall be entitled to approve all programs and expenditures of the Corporation and annually review any financial statements of the Corpora- tion. Section 4. Nonprofit Corporation. The Corporation shall be a nonprofit corporation, and no part of its net earnings remaining after payment of its expenses shall inure to the benefit of any individual, firm or corporation, except that in the event the Board of Directors shall determine that sufficient provision has been made for the full payment of the expenses, bonds and other obligations of the Corporation issued to finance all or part of the cost of a project, then any net earnings of the Corporation thereafter accruing with respect to said project shall be paid to the Unit. ARTICLE II BOARD OF DIRECTORS Section 1. Powers, Number and Term of Office. The property and affairs of the Corporation shall be managed and controlled by the Board of Directors and, subject to the ,_ restrictions imposed by law, the Articles of Incorporation and these Bylaws, the Board of Directors shall exercise all of the powers of the Corporation. The Board of Directors shall consist of gp~,pp (~) directors, each of whom shall be appointed by the Governing Body. The directors constituting the first Board of Directors shall be those_ directors named in the Articles of Incorpora- tion, each of whom shall serve for six (6) years or until his or her successor is appointed as hereinafter provided. Sub- sequent directors shall hold office for a term of six (6) years or until their successors are appointed as hereinafter provided. Any director may be removed from office, by the Govern- ing Body, for cause or at will. Section 2. Meetings of Directors. The directors may hold their meetings at such place or places in the State of Texas, as the Board of Directors may from time to time deter- mine; provided, however, in the absence of any such determin- ation by the Board of Directors, the meetings shall be held -2- • at the registered office of the Corporation in the State of Texas. Section 3. Regular Meetings. Regular Meetings of the Board of Directors shall be held without necessity of notice at such times and places as shall be designated, from time to time, by resolution of the Board of Directors. Section 4. Special Meetings. Special Meetings of the Board of Directors shall be held whenever called by the pre- sident, by the secretary, by a majority of the directors for the time being ,in office or upon advice of or request by the Governing Body. The secretary shall give notice to each director of each Special Meeting in person, or by mail, telephone or telegraph, at least two (2) hours before the meeting. Unless otherwise indicated in the notice thereof, any and all matters pertain- ing to the purposes of the Corporation may be considered and acted upon at a .Special Meeting. At any meeting at which every director shall be present, even though without any notice, any matter pertaining to the purpose of the Corpora- tion may be considered and acted upon. • Section 5. uorum. A majority of the directors fixed by the Articles of Incorporation shall constitute a quorum for the consideration of matters pertaining to the purposes of the Corporation. The act of a majority of the directors present at a meeting at which a quorum is in attendance shall constitute the act of the Board of Directors, unless the act of a greater number is required by law. Section 6. Conduct of Business. At the meetings of the Board of Directors, matters pertaining to the purposes of the Corporation shall be considered in such order as from time to time the Board of Directors may determine. At all meetings of the Board of Directors, the president shall preside, and in the absence of the president, the vice president shall exercise the powers of the president. The secretary of the Corporation shall act as secretary of all meetings of the Board of Directors, but in the absence of the secretary, the presiding officer may appoint any person to act as secretary of the meeting. • -3- • The Board of Direc- Section 7. Executive Committee. tors, by resolution passed by a majority of the directors in office, may designate two or more directors to constitute an executive committee, which committee, to the extent provided in such resolution, shall have and may exercise all of the authority of the Board of Directors in the management of the Corporation, except where action of the Board of Directors is specified by law. The executive committee shall act in the manner provided in such resolution. The executive committee so designated shall keep regular minutes of the transactions of its meetings and shall cause such minutes to be recorded in books kept for that purpose in the office of the Corpora- tion, and shall report the same to the Board of Directors from time to time. Section 8. Compensation of Directors. Directors as such shall not receive a.-~y salary or compensation for their services, except that they shall be reimbursed for their actual expenses incurred in the performance of their duties hereunder. ARTICLE III • OFFICERS Section 1. Titles and Term of Office. The .officers of the Corporation shall be a president, a vice president, a secretary and a treasurer, and such other officers as the Board of Directors may from time to time elect or appoint. One person may hold more than one office, except that the president shall not hold the office of secretary. Terms of office shall not exceed three years. All officers shall be subject to removal from office, with or without cause, at any time by a vote of a majority of the entire Board of Directors. A vacancy in the o=fice of any officer shall be filled by a vote of a majority of the directors. Section 2. Powers and Duties of the President. The president shall be the c:~ief executive officer of the Corpo- ration and, subject to the Board of Directors, shall be in general charge of the properties and affairs of the Corpora- tion; shall preside at all meetings of the Board of Directors; and in furtherance of the purposes of the Corporation, may sign and execute all contracts, conveyances, franchises, • -4- ~~ bonds, deeds, assignments, mortgages, notes and other instru- ments in the name of the Corporation. Section 3. Vice President. The vice president shall have such powers and duties as may be assigned by the Board of Directors and shall exercise the powers of the president during that officer's absence or inability to act. Any action taken by the vice president in the performance of the duties of the president shall be conclusive evidence of the absence or inability to act of the president at the time such action was taken. Section 4. Treasurer. The treasurer shall have custody of all the funds and securities of the Corporation which come into such treasurer's hands. When necessary or proper, the treasurer may endorse, on behalf of the Corporation, for collection, checks, notes and other obligations and shall deposit the same to the credit of the Corporation in such bank or banks or depositories as shall be designated in the manner prescribed .by the Board of Directors; may sign all receipts and vouchers for payment made to the Corporation, either alone or jointly with such other officer as is desig- nated by the Board of Directors; whenever required by the Board of Directors, shall render a statement of the cash account; shall enter or cause to be entered regularly in the books of the Corporation to be kept by the treasurer for that purpose full and accurate accounts of all monies received and paid out on account of the Corporation; shall perform all acts incident to the position of treasurer subject to the control of the Board of Directors; and shall, if required by the Board of Directors, give such bond for the faithful dis- _ charge of his or her duties in such form as -the Board of Directors may require. Section 5. Secretary. The secretary shall keep the minutes of all meetings of the Board of Directors in books provided for that purpose; shall attend to the giving and serving of all notices; in furtherance of the purposes of this Corporation, may sign with the president in the name of the Corporation, and/or attest the signature thereto, all contracts, conveyances, franchises, bonds, deeds, assign- ments, mortgages, notes and other instruments of the Corpo- ration; shall have charge of the corporate books, records, documents and instruments, except the books of account and financial records and securities of which the treasurer shall have custody and charge, and such other books and papers as the Board of Directors may direct, all of which shall at all • -5- • ins ection u on a lication at reasonable times be open to p p pp the office of the Corporation during business hours; and shall in general perform all duties incident to the office of secretary subject to the control of the Board of Directors. Section 6. Compensation. Officers as such shall not receive any salary or compensation for their services, except that they shall be reimbursed for their actual expenses in- curred in the performance of their duties hereunder. ARTICLE IV PROVISIONS REGARDING ARTICLES OF INCORPORATION AND BYLAWS Section 1. Effective Date. These Bylaws shall become effective only upon the occurrence of the following events; (1) the approval of these Bylaws by the Governing Body; and (2) the adoption of these Bylaws by the Board of Direc- tors. • ~~ Section 2. Amendments to Articles of Incorporation and Bylaws. The Articles of Incorporation may at any time and from time to time be amended, provided that the Board of Directors files with the Governing Body a written application requesting that the Governing Body approve such amendment to the Articles of Incorporation, specifying in such application the amendment or amendments proposed to be made. If the Governing Body by appropriate resolution finds and determines that it is advisable that the proposed amendment be made, authorizes the'` same to be made and approves the form of the proposed amendment, the Board of Directors shall proceed to amend the Articles as provided in the Act. The Articles of Incorporation may also be amended at any time by the Governing Body at its sole discretion by adopting an amendment to the Articles of Incorporation of the Corpora- tion by resolution of the Governing Body and delivering the Articles of Amendment to the Secretary of State as provided in the Act. These Bylaws may be amended by majority vote of the Board of Directors. • -6- • Section 3. Interpretation of Bylaws. These Bylaws and all the terms and provisions hereof shall be liberally con- strued to effectuate the purposes set forth herein. If any word, phrase, clause, sentence, paragraph, section or other part of these Bylaws, or the application thereof to any person or circumstance, shall ever be held to be invalid or unconsti- tutional by any court of competent jurisdiction, the remainder of these Bylaws and the application of such word, phrase, clause, sentence, paragraph, section or other part of these Bylaws to any other person or circumstance shall not be affected thereby. ARTICLE V GENERAL PROVISIONS Section 1. Principal Office. The principal office of the Corporation shall be located in La Porte Texas. The Corporation shall have and continuously maintain in the State of Texas :(the "State") a registered office, and a registered agent whose business office is identical with such registered office, as required by the Act. The registered office may be, but need not be, identical with the principal • ~~ office in the State, and the address of the registered office may be changed from time to time by the Board of Directors, pursuant to the requirements of the Act. Section 2. Fiscal Year. The fiscal year of the Corpo- ration shall be as determined by the Board of Directors. Section 3. Seal. The seal of the Corporation shall be as determined by the Board of Directors. Section 4. Notice and Waiver of Notice. Whenever any notice whatsoever is required to be given under the provi- sions of the Act, the Articles of Incorporation or these Bylaws, said notice shall be deemed to be sufficient if given by depositing the same in a post office box in a sealed post- paid wrapper addressed to the person entitled thereto at his post office address, as it appears on the books of the Corpor- ation, and such notice shall be deemed to have been given on the day of such mailing. Attendance of a director at a meeting shall constitute a waiver of notice of such meeting, except where a director attends a meeting for the express purpose of objecting to the transaction of any business on the grounds that the meeting is not lawfully called or convened. Neither • -7- • the business to be transacted at nor the purpose of any Regular or Special Meeting of the Board of Directors need be specified in the notice or waiver of notice of such meeting, unless required by the Board of Directors. A waiver of notice in writing, signed by the person or persons entitled to said notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. Section 5. Resignations. Any director or officer may resign at any time. Such resignation shall be made in writing and shall take effect at the time specified therein, or, if no time be specified, at the time of its receipt by the presi- dent or secretary. The acceptance of a resignation shall not be necessary to make it effective, unless expressly so pro- vided in the resignation. Section 6. Action Without a Meeting of Directors or Committees. Any action which may be taken at a meeting of the Board of Directors or of any committee may be taken with- out a meeting if a consent in writing, setting forth the action to be taken, shall be signed by all of the directors, or all of the members of the committee, as the case may be. Such consent shall have the same force and effect as a unani- mous vote and may be stated as such in any articles or docu- ment filed with the Secretary of State, the Texas Industrial Commission or any other person. Section 7. Approval or Advice and Consent of the "Governing Body. To the extent that these Bylaws refer to any approval by the Unit or refer to advice and consent by the Unit, such advice and consent shall be evidenced by a certi- fied copy of a resolution, ordinance or motion duly adopted by the Governing Body. Section 8. Organizational Control. The Unit may, at its sole discretion, and at any time, alter or change the structure, organization, programs or activities of the Corpor- ation (including the power to terminate the Corporation), subject to any limitation on the impairment of contracts entered into by such Corporation. Section 9: Dissolution of the Corporation. Upon dis- solution of the Corporation, title to or other interests in any real or personal property owned by the Corporation at such time shall vest in the Unit. • -8- • • RESOLUTION N0. 82-11 A RESOLUTION OF THE CITY COUNCIL DESIGNATING ELIGIBLE BLIGHTED AREAS: MAKING THE FINDINGS REQUIRED BY THE RULES OF THE TEXAS INDUSTRIAL COMMISSIOIQ; AND CONTAINING OTHER MATTERS RELATING TO THE SUBJECT. WHEREAS, by resolution the City Council (the "City Council") of the City of La Porte, Texas (the "City"), authorized and approved the creation of the City of La Porte Industrial Develop- ment Corporation (the "Corporation") as a nonprofit industrial development corporation under the provisions of the Development Corporation Act of 1979, Article 5190.6, Vernon's Annotated Texas Civil Statutes, as amended (the "Act"); and WHEREAS, the City is a duly incorporated Home Rule City, operating and existing under the Constitution and the laws of the State of Texas (the "State") and the duly adopted Home Rule Charter of the City; and WHEREAS, the Corporation is authorized by the Act to issue bonds on behalf of the City for the purpose of paying all or a part of the costs of a "project" as defined in the Act, and to lease or sell the project or to loan the proceeds of the bonds to finance all or part of the costs of a project; and 6•]HEREAS, the definition of "project" in the Act includes the land, buildings, equipment, facilities and improvements (one or more) found by the Borad of Directors of the Corporation to be required or suitable for the promotion of commercial development and expansion and in furtherance of the public purposes of the Act, or for use by commercial enterprises, all as defined in the rules of the Texas Industrial Commission (the "Commission"), irrespec- tive of whether in existence or required to be acquired or con- structed thereafter, if such project is located in blighted or economically depressed areas; and D7HEREA5, as used in the Act, the term "blighted or econom- ically depressed areas" means those areas and areas immediately adjacent thereto within a city which by reason of the presence of a substantial number of substandard, slum, deteriorated, or deteriorating structures, or which suffer from a high relative rate of unemployment of any combination of the foregoing, the City finds and determines, after a hearing, substantially impair or arrest the sound growth of the city or constitute an economic or social liability and are a menace to the public health, safety or welfare in their present condition and use; and • • Resolution No. 82-11, Page 2 t~7HEREAS, Section 107.1(b)(9) of the rules (the "Rules") of the Commission for industrial projects sets out special rules for approval of commercial projects in blighted or economically depressed areas; and WHEREAS, the City Council desires to authorize the financing of certain projects for commercial uses as provided in the Act and the Rules by establishing certain eligible blighted areas; and WHEREAS, the Act requires that notice of a hearing at which the City considers establishment of an economically depressed or blighted area shall be posted at the City Hall prior to such hearing; and WHEREAS, on June 2, 1982, the City Council adopted that certain "Resolution of the City Council Authorizing Provision of Notice to the `T'exas Industrial Commission and Publication of Notice With Respect to a Public Hearing to Consider Designation of One or More Eligible Blighted Areas Within the City; Describing • One or More Eligible Blighted Areas to be Designated by the City; Determining the Date, Time and Location of a Public Hearing; and Containing Other Provisions Relating to the Subject"; and ~~~HEREAS, pursuant to such resolution notice of a public hearing was provided to the Commission on June 7, 1982, and notice of such public hearing was published once a week for two consecu- tive weeks in a newspaper of general circulation in the City and notice of the public hearing was posted at the City Hall on June 21, 1982; and [•JIiEREAS, the notice provided to the Commission and as published and posted included both a description of the area or areas proposed by the City to be designated as eligible blighted areas and the date, time and location of the public hearing concerning such designation; and 6dHEREAS, a public hearing was held at the City Hall on July 7, 1982, pursuant to the Act and Chapter 107 of the Rules of the Commission for the purposes of establishing one or more eligible blighted areas; and WI~EREAS, the City Council has concluded to request the Commission to approve projects for commercial uses and therefore desires to adopt this Resolution in compliance with the require- . ments of the Act and the Rules; • Resolution No. 82-11, Page 3 C~ NOW, THEREFOR , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS ^1 HAT; Section, 1. The City Council hereby finds, determines and declares that the areas outlined in a heavy black line on the map attached as Exhibit "A" to this Resolution shall be declared to be eligible blighted areas ("EBA") because such areas (i) have a substantial number of substandard, slum, deteriorated, or deteriorating structures and (ii) suffer from a high relative rate of unemployment. The City Council further finds, determines and declares that such conditions in such areas substantially impair or arrest the sound growth of the City, constitute an economic or social liability and are a menace to the public health, safety or welfare. Section 2. The overall objectives of the City for redevelop- ment and recovery of the EBA are as follows: . A. To promote the present and prospective health, safety, rights to gainful employment and general welfare of the people of the City and the State. B. To promote the continued existence, development and expansion of commerce and industry essential to the economic growth of the City and the full employment, welfare and prosperity of its citizens. C. To encourage the economic growth and stability of the City by increasing and stabilizing employment opportunities, significantly increasing and stabilizing the property tax base and promoting commerce within the City and the State. D. To encourage employment of the inhabitants of the EBA by encouraging employers to locate projects which will employ such persons in or adjacent to the Ef3A. Section 3. The City Council hereby finds, determines, de- clares and r~~resents to the Commission that the availability of financing of projects to be located within or adjacent to the EBA f_or commercial uses under the Act will contribute signifi- cantly to the alleviation of the blighted conditions found to exist in the EBA. Section 4. The City Council, in order to enhance its develop- . ment efforts, desires and authorizes the issuance of the Corpora- tion's bonds to finance all commercial projects that are an integral part of the local economy, provided that the City Council Resolution 82-11, Page 4 will not approve the issuance of the Corporation's bonds to finance any projects for commercial uses in or adjacent to the EBA unless the applicant desiring approval of such project demonstrates to the satisfaction of the City Council that: A. The project will significantly contribute to the fulfill- ment of the overall redevelopment objectives of the City for the EBA; B. The project conforms to the project approval standards of the Rules and this Resolution by removing a blighted condition or increasing or stabilizing employment opportunities, signifi- cantly increasing or stabilizing the property tax base, promoting commerce within the City and the State and not causing economic decline or blight in another area of the City; C. The project is supported by an economic feasibility analysis which demonstrates its economic viability; and • D. The project is in furtherance of the public purposes of the Act. Section 5. Based upon the City's best estimates as of the date of this Resolution, a description of the proposed public improvements to be made in the EBA, including the estimated commencement date, approximate schedule and sources of funds to be used by the City for such public improvements, are as set forth in Exhibit "B" to this Resolution. Section 6. The City Council hereby covenants and represents that it will review all project descriptions for approval of specific projects for commercial uses in order to determine whether such projects are consistent with the City's objectives for re- development of the EBA. Section 7. The City Secretary of the City is hereby directed to provide a certified copy of this Resolution, including all exhibits, to the Executive Director of the Commission as required by the Rules. Unless the City shall be notified by the Commission to the contrary in writing within thirty (30) days from the date of receipt of such certified copy of this Resolution, the EBA shall be deemed accepted by the Commission, and the City and the Corpora- tion may thereafter approve projects for commercial uses in and adjacent to the EBA in compliance with the Act, the Rules and this Resolution. Section 8. This Resolution is adopted for the purposes of satisfying the conditions and requirements of the Act and the • • esolution No. 82-11, Page 5 ?ules, and for the benefit of the Corporation, the City, the commission, the residents of the City and all other interested persons. Section 9. The City Council has considered evidence of the _osting of notice of this meeting and officially finds, determines, recites and declares that a sufficient written notice of the date, :our and place of this meeting and of the subject of this Resolu- `~ion was posted on the bulletin board at a place convenient to ~°:e public in the City Hall of the City for at least 72 hours :receding the scheduled time of such meeting; such place of posting was readily accessible to the general public at all times from such time of posting until the scheduled time of such meeting; and such meeting was opened to the public as required by law at all Mmes during which this Resolution and the subject ;natter thereof -were discussed, considered and formally acted upon, all as required ~~y the Open Meetings Law, Article 6252-17, Vernon's Annotated ~xas Civil Statutes, as amended. PASSED AND APPROVED this 7th day of July, 1982. CITY OF LA POKTE By Virginia Cline, Mayor C~ :.:TEST: ;,qty secretary :?PROVED: -- '-~ / City Attorney • .~.~ • EXHIBIT "A" • ~- lip' - --- ~ ._~ l _ r~ _ _ ^r ~. -J1~/.__ _-_ __ _ ''~ ~~'~ -:_:6...+wi _ -~ _ ~ - ~\ mss; i -_----~_ ~~ -~-, r . f ~ 7 f s ~~! . i+ `J . ~ . Jar=(: ~'\: !" \_ ~ i~ y ...r. -rf~-/ -/~--y=,~~ ,tom' ;; ; • /~~' ----.: .I ~' _r~ ; '~ ` ~` ,.--~ ~ ~~ ~~ ^;: ~ t :- ;. t~. N ~ Br/ ~ \ 1 I ~~_._-~ .,1, ~ Diu°_-~ j .f_.1 ~ I r ~ ~~~ ~ J 'a-lJ m r r'L r l~ ' ~ , 1 7~. ~ R: r•£?P i~' L..~~~ ~ c;,~-s~~T ~/ C I~'~ I ' ~ . I I ~ --~-~ E _ 1j i /7~ l J ~ ~~ 1 \~ cJllr -~.~• `s ~ -+1 --I r - - l~ `~'Q` M°o r.3Fs Per ; ~(4 •~ - - Sf ~~ ~ - '~ - l J ~ ~~`' _ \ \ ~ ' L ~ ~ [ -~ _ San ' .. _ ' _, t ~~R ~` _ = \ ` _~r\ ... ~ ;~; ';, ~ c _. _ ~ _-r 1-- ~ LA PORTE ~ 1+. _ 1 ~ i`` ^rt~1 ~` ,, , _ _ _ - _ y ~ --'~ ~ •T ;` ^a `ri 'r /\ '~ 11 ~-~-i ~ ~SHORE4CRES ~Mt - ~, 1 - ~~ o/ 'L. \\~~" 1 ~ • 1 ter. ~, • `N J~ Gl •V., ice" S J'f •l 1\ - -~ 'p_ -_'"~''~ ~`-~-f,, LASE ~~' S/-~ % ~- ~ ~/ ~ r r . r~ ~, •• ' •~,'1.~ -Y-/ / / `. ro ~ ti., ~ .?}r~ 4.,~ ~EA6RC.~K~./ ~~ ! 0 ,r ,f ;.~~.~ `^ \~ jam.: ,~ ~,~_:J ' ;; ~/„~,'~ P ~ - ~' ,~_-• a :` \; r'.•r-~~'~r - ~- --: ~~~~-. -~ .,i~ i ` ., _ .. ;~ y/.. J, `r~t~~y~ ~?~ ~i~.NiSSAV l4K[ !_- ~ ~ _ r~ ~, .. ~~ f~ •:~~;'\ \~,~~\ j~.C,J~'~ ~ ~ 84r -p SHCU[5' :~1, Ci ty: o~ La ~ Porte -- "~ •~~~.~ \ __~,~~`~-.-.~/~'~ o ~ o ~ -,\FJ ~. .Proposed "Elicible . .,=. ~ `..~`\~ •'- .. .'`T f i ~s„ C~ Y.E IIGH `• •• DT ... 1.+,, rl n... ... ~ •_. .. - i u BOUNDARIES OF THE PROPOSED CITY OF LA PORTS ELIGIBLE BLIGHTED AREA BEGINNING at a point in the south right-of-way line of Spencer Highway (100 foot wide), said point being the intersection of '`the south right-of-way line of Spencer Highway and the east line of the San Jacinto College 141 acre tract; said point being coincident with the northwest corner of College View Municipal Utility District as per Article 8280-381 of Vernon's Civil Statutes of the State of Texas; •• THENCE, southerly along the west line of the College View Municipal Utility District and the east line of the San Jacinto College 141 acre tract to its intersection with the north line of Fairmont Parkway 250 foot right-of-way, same being the southeast corner of the said San Jacinto College 141 acre tract and the southwest corner of the College View Municipal Utility District; THENCE, southerly along a projection of the west line of the College View Municipal Utility District and the east line of the San Jacinto College 141 acre tract to its intersection with the south right-of-way line of Fairmont Parkway 250 foot right-of-way to a point for corner; THENCE, east along the south line of Fairmont Parkway 250 foot wide right-of-way to its intersection with the west line of a 200 foot wide Harris County Flood Control District right-of-way for Willow Spring Gully which is designated as Ditch No. B112-00-00, for a point for corner; THEr]CE, southwesterly coincident with the meanders of the west line of the 200 foot wide right-of-way of Willow Spring Gully, Harris County Flood Control District Ditch B112-00-00, to its inter- section with the north corporate limit of the City of Pasadena, same being the north line of a 200 foot wide strip annexed by the City of Pasadena and also being the south line of the W. M. Jones Survey and the north line of the George B. McKinstry Survey, Abstract No. 47, for a point for corner; THENCE, east with the north line of the George B. McKinstry Survey A-47 and the south line of the W. M. Jones Survey and the corporate limit line of the City of Pasadena to the east line of the 200 foot wide right-of-way of Willow Spring Gully, Harris County Flood Control District Ditch B112-00-00; • • • THEi~CE, southwesterly with the east line of the 200 foot wide right-of-way of Willow Spring Gully Harris County Flood Control District Ditch B112-00-00 to a point 469 feet south of the north line of the George B. McKinstry Survey A-47; TENCE, east 469 feet south of and parallel to the north line of the George B. McKinstry Survey A-47 to a point 200 feet west of the west line of that certain tract of land conveyed to Dart Industries and E1 Paso Products Company by Friendswood Development Company by deed dated March 14, 1974, and recorded under Film Code Number 103-11-0868, Deed Records, Harris County, Texas; THENCE, north 200 feet west of and parallel to the west line of the property owned by Dart Industries and E1 Paso Products Company a distance of 469 feet to the north line of the George B. McKinstry Survey A-47 and the corporate limit line of the City of Pasadena, Harris County, Texas; THENCE, easterly along the north line of the George B. McKinstry Survey, Abstract No. 47, to its intersection with the center line of Big Island Slough, .for a point for corner; THENCE, southerly along the meanders of the center line of Big • Island Slough to its intersection with a line parallel to and 3410 feet more or less measured at right angles southerly from the north line of the George B. McKinstry Survey, Abstract No. 47, for a point for corner, said point being on the north line of that territory annexed to the City of Houston by Ordinance No. 65-1555 B-R; TriENCE, easterly along the north line of the said territory described by City of Houston Ordinance No. 65-1555 B-R, and its easterly extension, to its intersection with the west right-of-way line of the G. H. & S. A. Railroad, for a point for corner; T:-?ENCE, southerly -along the west right-of-way line of the G. H. ~ S. A. Railroad to its intersection with the westerly extension of the north right-of-way line of McCabe Road; THENCE, easterly with the westward projection of the north right-of-way line of McCabe Road, and the north right-of-way line of McCabe Road, and the eastward projection of the north right-of-way line of McCabe Road, to a point in the east right-of-way line of Old State Highway 146 (also known as South Broadway), said point being the intersection of the north right-of-way line of McCabe Road, extended easterly, with the east right-of-way line of Old State Highway 146; TH~~~CE, southerly along the east right-of-way line of Old State Highway 146 (also known as South Broadway) to a point for • -2- r • • corner, said point being the intersection of the east right-of-way line of State Highway 146 with the north line of the Pine Bluff Addition and the south line of the Crescent View Addition; THENCE, easterly along the north line of the Pine Bluff Addition and the south line of the Crescent View Addition to a point at the intersection of the north line of the Pine Bluff Addition with the westerly shoreline of Galveston Bay; THENCE, northwesterly, northerly, and northeasterly following the meanders of the shoreline of Galveston Bay to its intersection with Donaldson Avenue, being a south city limit line of the City of Morgan's Point; THENCE, northwesterly along the north right-of-way line of Donaldson Avenue to its intersection with the east right-of-way of Blackwell Street; THENCE, north along the east right-of-way line of Blackwell Street, to a point of intersection with the south right-of-way line of Harbours Cut Boulevard; THENCE, westerly along the south right-of-way line of Harbours • Cut Boulevard, to the northeast corner of Block 978, Town of La Porte, Harris County, Texas; THE~~CE, north across Harbours Cut Boulevard, to a point for corner in the north right-of-way line of Harbours Cut Boulevard; THENCE, west along the north right-of-way line of Harbours Cut Boulevard to its intersection with the east right-of-way line of North Broadway, for a point for corner; THENCE, north along the east right-of-way line of North Broadway, and along the east right-of-way line of North Broadway, extended to its intersection with the shoreline of San Jacinto Bay, being the most northwesterly corner of the corporate limit of the City of Morgan's Point; THENCE, easterly along the most north city limit line of the City of Plorgan's Point, to a point of intersection with a line which is parallel to and 2500' westerly from the center line of the Houston Ship Channel; THENCE, in a northwesterly direction along the line which is parallel to and 2500' from the center line of the Houston Ship Channel to a point of intersection with the east right-of-way line of State Highway 134; • -3- ,. C7 • • • THE:~ICE, south alone ~~e east right-of-wad 134, and the east right-o.-way line of State south, to a point for c~r:~er in the south State Highway 225; THENCE, southeasterlt~ along the south State High~~ay 225, to it_ intersection with line of Underwood Road; ~ line of State Highway: Highway 134, projectec right-of-way line o~ right-of-way line c~ the west right-of-w a_ THENCE, south along :he west right-of-way line of Ur~derwooc Road to its intersectior.~ k:th the north right-of-way line of Spencer Highway, for point for cor::er; THENCE, west along- ~e north right-of-way line of Spencer Highway to its intersectic:~ with the east property line of the Sar. Jacinto College 141 acre t._ct, projected north; THENCE, south across ::e right-of-way of Spencer Highway alone the north projection of t~~ east property line of the San Jacintc College 141 acre tract, to .^e POINT OF BEGINNING. -4- . EXI3IBIT "B" Description of Proposed Public Improvements to be Made in the EBA 1. Description of public improvements: 2. Estimated commencement date for such public improvements: 3. Approximate schedule for such public improvement; 4 . Source of funds as the Unit will use for such improvements : • J (', ty o~ ~LUebst~,t (~¢~iee o~ tl,e ~L(ayo,t • City Secretary City of La Porte 604 W. Fairmont Parkway P. 0. BoY 1115 La Porte, TX 77571 June 11, 1982 311 n1 e~u,syQ~~ania ~LUebsten. ~'euas 77598 ~(,o~1e: 713-554-7531 Ref: Request Appearance Before City Council for Presentation on Crimestoppers of the Bay Area, Inc. and Request For Funding Consideration. By this letter, I would like to request that the Crimestoppers organization be placed on the agenda for the City Council meeting scheduled for Wednesday, July 7th at 7 P.I. John Lyle, chairman of Crimestoppers, or an appropriate representative will be appearing on behalf of the program. Please confirm by telephone call or letter the inclusion of this request on your agenda. Thank you for your consideration in this matter. Sincerely, Beverly A. Heinrich rlayo r BAH/lmh • • • • ORDINANCE NO. /'~~~ AN ORDINANCE RECITING THE CIRCUMSTANCES OF THE HOUSTON LIGHTING & POWER COMPANY (HL&P) STATEMENT OF INTENT TO CHANGE ELECTRIC RATES; SUSPENDING THE SCHEDULE OF RATES OF HL&P FOR A PERIOD OF ONE IiUNDRED TWENTY ( 120 ) DAYS FROC~I THE EFFECTIVE DATE THEREOF; AND PROVIDING AN EFFECTIVE DATE FOR THIS ORDINANCE. WHEREAS, on June 16, 1982, the Houston Lighting & Power Company (HL&P} filed a Statement of Intent to change its rates • for electric service within the City of La torte and has requested that said changes become effective on July 22, 1982; and WHEREAS, FIL&P has filed revised Tariff Schedules together with statements specifying in detail each proposed change, a rate filing package, and supporting testimony; and WHEREAS, Section 17(a) of the Public Utility Regulatory Act, Article 1446c, Texas Revised Civil Statutes, gives the governing body of each municipality exclusive original juris- diction over electric rates within its municipal boundaries; and WHEREAS, Section 43(d) of the Public Utility Regulatory Act authorizes the governing body of any municipality acting • as a Regulatory Authority to suspend the operation of any pro- posed change in rates for a period not to exceed 120 days beyond the date on which the scheduled rates would otherwise go into effect, which period may be further extended for an additional 30 days; and WHEREAS, HL&P's proposed rate changes and the detailed material supporting those changes require comprehensive evalu- ation and study; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. That the changes in rates for electric ser- vice within the City of La Porte proposed by Houston Lighting & Power Company to become effective on July 22, 1982, should • • Ordinance No. Page 2. • be, and are, hereby suspended for a period of 120 days beyond said proposed effective date, until November 19, 1982, subject to an additional suspension of up to 30 days beyond said date upon further resolution of this Council. • Section 2. This Ordinance shall be effective immediately upon its passage and approval. PASSED AND APPROVED this the 7th day of July, 1982. CITY OF LA PORTE By Virginia ATTEST: City Secretary • APPROVED: Lam/ . City Attorney ine , T~iayor • • • RESOLUTION 82- A RESOLUTION NAMING AND DESIGNATING THE LA PORTE PUBLIC LIBRARY AS THE "EDITH WILSON PUBLIC LIBRARY," IN HONOR AND MEMORY OF EDITH WILSON. BE IT RESOLVED BY THE CITY COUNCIL OF TfiE CITY OF LA PORTE: WHEREAS, Edith Wilson retired as librarian of the La Porte • Public Library, in February, 1978, after eighteen years of ser- vice, and WHEREAS, the La Porte Public Library was housed in a one room building when Edith Wilson began her career as librarian; and ~~~HEREAS, Edith Wilson was instrumental in organizing the community to build a new library building, helping to organize the Friends of the La Porte Library, who spearheaded the drive for the new library building; and WHEREAS, the new library building vas completed and opened in January, 1967, and was expanded in 1976; and • WHEREAS, Edith Wilson died on June 20, 1982; and 61HEREAS, at the time of her death, Edith Wilson was active in civic and church work, and was a director of Friends of the La Porte Library; a member of the Ladies Auxiliary, St. John's Episcopal Church; Shoreline Art League; La Porte Civic Club; and the La Porte Literary Club; and WHEREAS, Edith Wilson will be long and affectionately remembered by her many friends in the City of La Porte, for her years of unselfish service to her community; and WHEREAS, the City Council of the City of La Porte deems it fitting and proper to recognize and honor the memory of Edith 4~i 1 son : • Resolution No. 82- Page 2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE • CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby names and designates the La Porte Public Library as the "Edith ~dilson Public Library," in loving memory of the late Edith Wilson, and in recognition of her years of devoted service to her community. Section 2. A certified copy of this Resolution shall be framed, and appropriately displayed in the Edith Wilson Public Library of the City of La Porte. PASSED AND APPROVED, this the day of July, 1982. CITY OF LA PORTE U By Virginia C ine, Mayor ATTEST: ity Secretary APPROVED: / ' L/C/. ; City Attorney • • • • CITY OF LA PORTS INTER-OFFICE MEMORANDUM T0: Jack n, C' nager DATE: July 1, 1982 FROM: Jerr ~`Ho g~/ Director of Public Works SUBJECT: Coup `nd ~f i r ' As you know, the drainage problem on Coupland Drive is one that needs extensive study to determine various alternatives to solving the problem. Because the City Engineering Department is involved in various projects, they are unable to study Coupland Drive without pulling off other projects. • I have received a proposal from H. Carlos Smith Engineers and Surveyors, Inc., to study the problem and prepare an Engineering report and recommendations on the solution. Estimated cost is TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00), for engineering and survey. I recommend that we take TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) from the General Fund Contingency. This fund has a balance of ONE HUNDRED THIRTY EIGHT THOUSAND FOUR HUNDRED SEVENTY SIX DOLLARS AND SEVENTY FIVE CENTS, ($138,476.75). If you should have any questions, please advise. JLH/lw • ~. `~,° ~-., !- .. • • :. e ~~ F9. ~G~RL~S SMBT'H ENGINEERS AND SURVv=YOBS, INC. 71 B S. Broadway P.O. Box 149 La Porte, Texas 77571 (713) 471-4226 June 24, 1982 City of La Porte P.0. Box 1.11 La Porte, 'Texas 77571 Attn: }!r. Jerry 1?odges Director of Public Works Dear i•Ir. Bodges: Re: Coupland Dr. In re.pl: to your request we submit this proposal for your consideration: We woulc propose to cross-section Coupland Drive at 50 foot intervals from right-oi-way line to right-of-way line, approximately 1,800 feet in length, using current elevation datum; prepare plan-profile sheets of the cross-sections, without any features within the right-of-way except the pavement, inlets. and drainage pipe; prepare an engineering report and recommendations to alleviate the drainage ?~oble3 on this street. We would propose to complete this work within 30 days after you authorize us to proceec. Ide woul~ propose to invoice the City of La Porte at our current per diem rates, copy e_' which are enclosed for your use, at an estimated cost of $2,500.00 °n~e would be happy to discuss this further with you and any of the City officials at }•our convenience. Very Truly yc.:rs, H. Carlos Sri=z-Engineers & Surveyors, Inc. ~' / ~~ vG• ~~, H. Carlos $I3ith, P.E. President E ~ ~-• - ., - .. ~, T~ . • ;. i ! ~. C~~L~~ 5~~~~ ENGINEERS AND SURVEYORS, INC. 718 S. Broadway P.O. Box M La Porte, Texas 77571 (71 31 471-4226 JANUARY I, 1982 • PER DIEM RATES: Engineer or Principal ................................... $ 60.00/Hr. Registered Surveyor ..................................... $ 50.00/Hr. Engineer Assistant ...................................... $ 40.00/Hr. Draftsman ............................................... $ 20.00/Hr. Inspector,(Full Time) ............................. .... $ 35.00/Hr. Computation ~ Ccmputer Time ............................. $ 30.00/Hr. Clerk-Typist ....................... .................... $ 15.00/Hr. .~ Survey Field Party: 2 Men :............................................. $ 50.00/Hr. 3 Afen . ............................................ $ 60.00/Hr. Each additional Man/Crew ........................... $ 12.00/Hr. E.D.~i...... ............................................ $ 60.00/Hr. Title ~ Record Search ................................... $ 40.00/Hr. Mileage From and Return to La Porte.• .................... $ 0.30/Mile (Outside o£ Harris County) Plus exspenses Outside of Harris County for Overnight or Extended Trips. Per Diem Rates include all taxes, insurance and overhead. '; n -> _ _~ • ~J CITY OF Lr1 PORTS I\T~-OFFICE :fE.`lOR~1:v'DL~i T0: Honorable Mayor & Council FRO`i: H.P. Pfeiffer--Electrical Board SUBJECT: Mobile Home Ord. Amendment 4811 DATE: June 28,1982 Chief Inspector Paulissen, has presented the board with an item that is causing some problems with electricial services in mobile home parks. Park owner / managers are allowed to perform new electrical works within there respective parks. The electrical board has charged dir. Paulissen, with deleting Sec. 8-C - 4 - C of Ordinance ~~ 811. This would require that all new electrical work be done by a master electrician. A park owner could still do repairs and replacements of existing equipment. ~~~ • F ! ,~ f •: ~:CZTY Or LA FORTE I`TE~-OFFICE `li~*10R.\:.'DL':i .® TC: D.A. Paulissen DATE: June 24,1982 F::C`i: E.J. Griffith ~~~ SS:3JECT: Mobile Home Ord.~r' 811 We have had frequent problems in mobile home parks with unsafe electrical installations. To compound the problem our Piobile Home Ordinance in section 8 3 4 A allows the owner or manager of a mobile home park to install the electrical wiring. I respectfully suggest that this problem should be presented to the City Council and ask them to ammend this part of the ordinance by deleting the last sentence of section 8 !r 4 C. • ~~ • • H I .. • v • ~. .~.. r... • .+...~.r~sMtir • ORDINANCE NO. 811 ~~ A.'V ORDINANCE TO PROTECT THE PUBLIC HEALTH AND PROMOTE THE PUBLIC WELFARE OF THE CITY OF LA PORTS, TEXAS, BY REGULATING MOBILE HOME PARKING AND MOBILE HOME PARKS IN THE CITY OF LA PO RTE, TEXAS; PROVIDING FOR MOBILE HOPE PARK PERMITS, ANNUAL LICENSE AND ANNUAL LICENSE FEE, AND ~tiIONTHLY RESIDENT SERVICES FEES; PROVIDING TECHNICAL, PHYSICAL, AND OPERATING REQUIREMENTS FOR MOBILE HOME PARKS; PROVIDING THAT Ai~1Y PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEE1~lED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT LESS THAi1 TWENTY-FIVE DOLLARS ($25.00) NOR MORE THAN T690 HUNDRED DOLLARS ($200.00) AND EACH DAY OF VIOLATION SHALL BE DEEMED A SEPARATE OFFENSE; CONTAINING A REPEALING AND A SAVING CLAUSE; AND PROVIDING THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY CO~iC'IISSION OF THE CITY OF LA PORTS, TEXAS, THAT: Section 1. Definitions. ,_ ~ MOBILE HOME. "Mobile home" means any vehicle designed and constructed to travel ontiZe public thoroughfares and to provide dwelling or sleeping places for one or more persons. The term "mobile home" shall not include "campers." A "camper" is defined as any enclosed structure intended for human habitation mounted on any manufactured pickup truck or flat-bed vehicle. Nothing contained in this Ordinance shall be construed to prohibit parking or storing a "camper" or a "mobile home" on any tract or parcel of land within the City of La Porte, so long as the same is parked or stored on such property in conformity with the /'~ requirements of the City of La Porte Zoning Ordinance, and, \,. J ./ provided further, so long as the same is not used on such property for human habitation. MOBILE HOME PARK. "Mobile Home Parkk" means any area, lot or tract of land upon which two (2) or more mobile homes, occupied for dwelling or sleeping purposes. are located. Such term shall be deemed to include "mobile home parks" existing and in operation in the corporate limits of the City of La Porte on the effective date of this Ordinance, or which may hereafter be created .under the terms of this Ordinance. "Mobile ~ ~~ home park" excludes sales areas or lots used exclusively for the sale of mobile homes. ~ i Ordinance No. 811 Page 2. r-, r PERSON. "Person" means any individual, firm, corporation, partnership, or association. Section 2. Mobile Home Parking Limitations. FOUR-HOUR STREET PARKING. No person shall park, place, or locate any mobile home upon any public street or public park within the corporate limits of the City for a period of more than four (4) hours. Any mobile home shall be parked parallel to the right side curb, completely clear of driving lanes or areas of said street or park, and facing in the direction which • traffic shall be designated to travel on said side of said street or in said driving area. No person shall park, place or locate any mobile home being used for human habitation for living and sleeping quarters on any lot, tract, or parcel of land, in the City for a longer period than four (4) hours, except in a licensed mobile home park. Section 3. Mobile Home Park Permits GE~JERALLY. No Mobile Home Park shall be constructed, or ~ '/ ~' opened and operated, within the corporate limits of the City unless the owner shall first file an application, with plat, for a Mobile Home Park Permit therefor in writing with both: A. The City. of La Porte Planning and Zoning Commission, to first obtain the designation of the lot, tract, or parcel of land desired to be zoned as a mobile home park, under the City of La Porte Zoning Ordinance, as the same now exists, or • as it may be amended from time to time. All necessary proceedings shall be had under the City of La Porte Zoning Ordinance to obtain the re-zaning of the subject parcel of land for mobile home park purposes, prior to the application for a mobile home park permit, as provided for in the next subparagraph hereof. B. When and if the said re-zoning for mobile home park C.. purposes has been accomplished, an application for a Mobile Home Park Permit shall be made with the Permit Department of the City of La Porte, and due and valid written approval of said applica- _ tion, pursuant to the terms and rovisions p of tnis Ordinance, shall be obtained. r • u Ordinance No. 811, Page 3. Section 4. Owner's Annual License and Fee. A. When the re-zoning and permit provided for in Section 3 hereof shall have been obtained, an annual license for the main- tenance and operation of said mobile home park shall be issued to the owner thereof by the City of La Porte Tax Assessor and Collector, on payment to him of a fee of Twenty-five Dollars ($25.00),-which said license shall be valid until December 31st of the calendar year wren issued, unless sooner suspended, revoked, or surrendered. Such license shall be renewed annually thereafter, upon the payment of a fee of Twenty-five Dollars ($25.00). B. Any Mobile Home Park permit may be suspended or revoked by the City for the violation by the holder of any of the provisions of this Ordinance or any other applicable City ordinance. An appeal may be taken to the City Commission from any order revoking or suspending a permit. Section 5. Resident Service Fee. A Mobile-Home Park owner, in addition to any other fees provided herein, shall also pay a resident service fee of Two Dollars ($2.00) per month for each unit in actual occupancy at the park as of the first day of each month, and no later than the 10th of each month each owner shall pay the total fees and ~- furnish the City a signed sworn statement showing the number of occupied units in the park as of the first day of~that month. Such amount shall be subject to a penalty of ten per cent (l00) if paid later than the 10th of the month. Section 6. License Nontransferable; No Vested Rights. All licenses issued hereunder shall be nontransferable and nonrefundable and no vested, irrevocable right is conferred upon issuance thereof by virtue of such issuance only. Section 7. Technical and Physical Requirements for Mobi e Fiome Par s. ~, A. Plans required; preparation; information; additional ~' plans. • ~ r Ordinance No. 811, Page 4. -. ~ (1) Prior to any construction or installation of any building or utilities in a new or proposed mobile home • park, and prior to any expansion of any existing mobile home park, the owner or operator thereof shall file with the Planning and Zoning Commission four (4) copies of a complete and detailed plan of the mobile home park complying with the requirements of this chapter. In the event that an owner is not capable of developing plans and drawings acceptable to the Building Inspector then all plans pertaining to sewer disposal, water supply • systems, street paving and drainage, electrical systems, park- ing areas, and recreational facilities, shall be prepared by a licensed professional engineer familiar with the design of such systems and facilities. Two (2) sets of such plans shall be provided to the Building Inspector for his review and approval by the Planning and Zoning Commission, one set to be returned to the City Clerk with any corrections or additions required and one set to remain in the Building Inspector's files. All plans shall be drawn to scale and completely dimensioned. The Build- ing Inspector shall refuse to examine any incomplete, unintelli- Bible or indefinite drawings. When such plans show compliance with the Ordinance and the other applicable ordinances of the City of La Porte, they shall be approved by the Planning and Zoning Commission, and the Building Inspector shall be authorized to issue a building permi-t. All such construction and installa- tion shall comply with said plans as approved. (2) Plans for the design of the mobile home park shall clearly set forth the following information: (a) Name and address of the owner and operator. (b) Address, location and legal description of the property on which the mobile home park is to be located. (c) Extent of the area and dimensions of the mobile dome park. (d) Size, location and number of mobile home sites segregated as to areas for dependent and independent mobile homes, if both are to be accommodated. C7 • • \. Ordinance No. 811, Page S. (e) Entrances, exits, driveways, walkways and road~eays . (f) Number, size and location of automobile parking accommodations. (g) Plan of storage facilities for use of occupants of mobile home park, if any. (h) Plans showing the number, size, location and equipment of all service buildings and other proposed structures, if any. (i) Location, size and design of recreation areas, if any. (3) Plans for the mobile home parks shall be accompanied by additional plans showing: (a) Method and details of rubbish storage and disposal. (b) Method, details and plan of sewage disposal. (c) Plan and detail of water system. (d) Plans and detail for electrical system and lighting of the mobile home park. B. Required Standards and Specifications. (1) Area, site, size, roads and parking. (a) The area of a mobile home park shall not be less than two (2) acres, exclusive of alleys. (b) Each mobile home site shall contain not less than two thousand (2,000) square feet of area, excluding the area requirements for any off street vehicular parking. (c) Pickup Coach (Camper) sites shall contain not less than eight hundred (800) square feet of area. (d) All mobile home sites shall abut a hard `I surfaced roadway having a minimum width of V twenty (20) feet providing that off street vehicular parking is provided or a minimum width of twenty-eight (28) feet if on street parking is used. (e) Vehicular parking for mobile home sites shall be provided within the park in an amount equal to two (2) spaces, each of which shall be not less than ten (10) feet by twenty (20) feet for each mobile home site. Vehicular parking may be provided on each site or in separate parking areas. Such area shall be in addition to the minimum area required for each mobile home site. (f) Mobile home parks shall not be constructed in a No. 1 Fire Zone. • .a . • • Ordinance No. 811, Page 6. ~ ~ (g) No mobile home shall be parked closer ` than thirty (30) feet to any property • line abutting a residential district, nor closer than twenty-five (25) feet to any public street, or any street facing a residential district. (h) Minimum spacing between mobile homes or campers will be eighteen (18) feet whether parked side by side or end to end. (2) Specifications for service buildings, facilities and services: All dependent mobile home parks and all camper parks shall provide a service building as follows: • (a) Plans showing floor plan, location of plumbing, electrical plans, type heating and cooling plans, and lighting facilities shall be included with the application for building permit. (b) Plu,-nbing facilities shall be provided in the following ratios for dependent mobile homes or camper parks, instal ed in accordance with present city ordinances. Separate facilities will be provided for men and women. MALES FEMALES o m cn cn r-I N ~ ~ ,L2 • r-t to cn is m u~ to ~ ~ ~ N ~ ~ v S-~ ~ N ~ ~ o N cn c ~ $ v cn g rts O ~ ~ ~ ~ C ~ ~ ~ o . .~ • zx 3v x a cn 3v cn a 2-20 2 1 2 1 2 1 2 21-30 3 1 3 2 4 2 • 3 3i-40 4 1 4 2 5 2 4 41-50 5 2 5 4 6 4 5 51-60 6 2 6 4 7 4 6 61-70 7 2 7 5 8 5 7 ' Over 70 add one additional water closet and lavatory for each sex for each addi- tional ten (10) mobile home sites or fraction thereof. (For males, urinals may be substituted up to 1/3 of the additional water closets required.) Add one additional shower for each se:c for each additional twenty (20) sites or fraction thereof. (c) Water connections for individual mobile homes shall be provided and located on the same side of the site as the sewer lateral and shall consist of a riser at least four (4) inches above the ground surf ace with two ( 2 ) one-hal f (1/2 ) inch valved outlets threaded for screw on connections. • Ordinance No. 811, Page 7. ,r • C (d) No water line shall be installed closer laterally than three (3) feet to any sewer line. Whenever sewer lines and water lines cross, no joints or couplings will be made any closer than six (6) feet from point of crossover. No water line shall be installed closer than ten (10) feet to any septic tank drain field. (e) Se:aer laterals shall be provided at each sites, be trapped, terminated above grade on the same side of the site as the water connection and be at least four (4) inches in diameter. A leak proof system for connecting to mobile home drainage systems will be used. When not in use the sewer inlet will be plugged with a gas-tight sewer stopper. (f) All utilities on the site for direct service to the user shall be installed underground. Section 8. Operational Requirements for Mobile Home Parks. A. General requirements. (1) Park areas shall be well drained, free from trash, and maintained in a clean and sanitary condition. (2) Service buildings shall be well ventilated and maintained in a clean and sanitary condition. (3) Parks shall be kept free of rodents and vermin. ~~ (4) A minimum of two (2) candle-foot of light shall be provided for all common driveways, roadways and walkways within the mobile home park. (5) Garbage and rubbish will be handled and disposed of in accordance with applicable city garbage department ordi- nances. (6) Occupied mobile homes shall be parked only on sites intended for that purpose. (7) Occupants of mobile homes shall keep in a clean and sanitary condition the site which they occupy. (8) It shall be unlawful for more than one family to use the same mobile home for living or sleeping quarters. (9) The mobile home park shall maintain an office within the park with a resident manager or owner in charge. • • • Ordinance No. 811, Page 8. '~ '. ~ B. Permitted Structures. Cabanas a be 1 • (1) m y ocated on only one side of a mobile home. (2) Awnings of metal or canvas are permitted. C. Fire Protection. (1) Parks shall have access to a public street by directly abutting thereon or by means of. a private road for access by fire fighting apparatus. (2) The physical layout of any park will be such that will permit fire department apparatus to approach within one hundred (100) feet of any part of any mobile home therein. r '" (3) Clearance: Mobile homes shall be so located y within the park that no less than eighteen (18) feet is main- tained between mobile homes parked side by side or end to end. (4) Electrical Systems (a) Electrical systems shall be of an approved type and installed in accordance with applicable city ordinances. The electrical supply facilities shall have adequate capacity to serve the maximum connected load subject to the demand factor. (b) Facilities will be provided for electrical supply to each mobile home with accessible means of disconnecting. Each mobile home will be provided with a grounded type switch • box or supply receptacle provided with appropriate size fuses or circuit breakers. ~% (c) Direct burial type wire between the grounded switch box and the mobile home disconnect or part: bor, will be not less than number six (~6) stranded copper for mobile home parks and not less than number ten (#10) stranded copper for pickup coach (camper) parks. Electrical connections between electrical supply and the mobile home shall be made only by the park owner or manager. (5) Liquefied petroleum gas tanks will be filled only by qualified personnel of the gas company. (6) Natural gas will be connected to mobile homes only by personnel of the natural gas company, or park owner or manager. • i ~ Ordinance No. 811, Page 9. j• (7) Rubbish and 6Jeeds: The Park operator shall 11 maintain the entire area of the park free of rubbish, brush, leaves and weeds. (8) Empty fuel containers: Tenants shall not place empty fuel containers under their units. These containers shall be left in place if their unit is so designed for more than one container. If the unit is not designed for more than one container, empty fuel containers shall be stored in desig- • nated areas. (9) Traffic regulations: Operators of vehicular equipment shall observe the traffic signs and signals. ~~ ~~ Section 9. Penalty. Any person, fire, partnership, or corporation violating any provision of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not less than Twenty-five ($25.00) Dollars nor more than Two Hundred ($200.00) Dollars, and each day of such violation shall be deemed as a separate offense. Section 10. Repealing of Conflicting Ordinances. All ordinances or part of ordinances in conflict herewith • are hereby repealed. However, the City of La Porte Zoning Ordinance C ,. as the same now exists, or as the same may hereafter be amended from time to time, is hereby expressly saved from repeal. Wherever the City of La Porte Zoning Ordinance, as the same now exists or as the same may be amended from time to time, requires higher standards than are required in this Ordinance, the provisions of the said City of La Porte Zoning Ordinance shall govern. Wherever the provisions of this Ordinance require a higher standard than is required by the said City of La Porte Zoning Ordinance, as the same now exists, or as ttie same may hereafter be amended from time to time, the provisions of this Ordinance shall govern. Without limitation ~ of the foregoing, nothing in this Ordinance contained shall be • Ordinance No. 811, Page 10. `-~• deemed to waive the requirement for appropriate zoning or re-zoning of any tract or parcel of land for mobile home park purposes, before issuance of any mobile home park permit. Section 11. Saving Clause. If any section, paragraph, clause or sentence shall be declared void and unenforceable or unconstitutional, it is hereby declared to be the intention of the Commission that the remainder of such Ordinance shall remain in full force .and effect. Section 12. This Ordinance shall take effect and be in _ force from and after its passage, approval and publication as j~_. required by law. PASSED AND APPROVED this the 13th day of January, A.D. 1969. ~~ 1 ~/' ~ ~ ,~~ Y~Iay r of t ~ C'", y of La Porte, Texas ~` f ATTEST: \_.• • • • ~J . . . ~ )..~ r?.::.v y Y ~M I\iJ~ 1.. .r • tin w ~ .. .. •.- City Clerk • • CITY OF L=` PORTE t TO : Ja~k'~wen , FROi•1: SUBJECT INTER-OF FICA :MEMORANDUM ctor of Public 4]orks Truck • DATE: July 1, 1982 On ApriY 19, 1982, the sideloader contair:~r truck in the Solidwaste Department was involved in an accident. It has been determined that the cost to repair the truck is prohibitive. Because of the accident, the conversion to the frontload system was escalated, and conversion has been completed. The City of Seabrook's commercial Solid~raste Department uses the sideload system. The truck used is the same year and model as the vehicle involved in the accident. Seabrook has expressed ar. interest in buying the truck to use for spare parts. The Public Works Department feels that the truck is worth approximately FIVE THOUSAND DOLLARS ($5,000.00). I recommend that the City of La Porte offer the truck 'to the City of Seabrook or an inter-governmental basis for FIVE THOUSAND DOLLARS ($5,000.00). I.f you should have any questions, please advise. JLH/lw t