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HomeMy WebLinkAbout1982-09-15 Regular Meeting• C~ MINUTES OF THE • REGULAR MEETING OF THE LA PORTE CITY COUNCIL SEPTEMBER 15, 1982 1. The meeting was called to order by D'tayor Pro-Tem Skelton at 7:00 P.M. Members of the Council Present: Councilpersons Norman Malone, John Longley, Ed Matuszak, Kevin Graves, Lindsay Pfeiffer, Deotis Gay, Linda Westergren and Mayor Pro-Tem Don Skelton Members of the Council Absent: Mayor Virginia Cline Members of the City Staff Present: City Manager Jack Owen, City Attorney Knox Askins, City Secretary Betty Waters, Director of Administrative Services Bob Herrera, Director of Public Works Jerry Hodge, Police Chief H. F. Freeman, Fire Chief Joe Sease, Fire Marshal Paul Hickenbottom, Chief Inspector David Paulissen, Graduate Engineer John Joerns • Others Present: Dick Bell, Bayshore Sun; Frieda Beaty, Bay- town Sun; Ellen Stover, La Porte Broadcaster; Dave Corbin, Busch, Hutchison & Associates. There were 13 interested citizens present in the Council Chambers. 2. The invocation was given by Councilperson Malone. 3. The Council considered the minutes of the Regular Meeting of the La Porte City Council held September 1, 1982. A motion was made by Councilperson Westergren to approve the minutes as submitted. Second by Councilperson Malone. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Gay, Westergren, Malone, Longley, Matuszak, Graves, Pfeiffer and Mayor Pro-Tem Skelton Nays: None 4. Mr. Sonny Black addressed the Council concerning the Lomax Rodeo Arena. Black requested the purchase of property ad- jacent to the arena for parking, funds to come from the Revenue Sharing Contingency. Mr. Dennis Rowe addressed the Council in support of the truck parking ordinance as a representative of the Fairmont Park west Home Owners Association. • • • • Minutes, Regular Meeting, La Porte City Council September 15, 1982, Page 2 5. City Attorney Askins read: AN ORDINANCE ADZENDING SUBSECTION 11.05, "STREET LIGHTING", SECTION 11, "ENGINEERING AND CONSTRUCTION STANDARDS FOR SUBDIVISIONS", OF ORDINANCE NO. 705 (AN ORDINANCE PROVIDING RULES AND REGULATIONS GOVERNING THE PLATTING OR REPLATTING OF LAND INTO SUBDIVISIONS IN THE CITY OF LA PORTE AND WITHIN THE EXTRA-TERRITORIAL JURISDICTION OF THE CITY OF LA PORTE); PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00); CONTAINING SEVER- ABILITY AND REPEALING CLAUSES; FINDING COMPLIANCE TrJITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. A motion was made by Councilperson Matuszak to approve and adopt Ordinance No. 705-ZZZ, second by Councilperson Malone. The motion carried, 7 ayes and 1 nay. Ayes: Councilpersons Gay, Westergren, Malone, Matuszak, Graves, Pfeiffer and Mayor Pro-Tem Skelton Nays: Councilperson Longley • 6. City Attorney Askins read: A RESOLUTION APPROVING AND ADOPTING THE' BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OCTOBER 1, 1982, THROUGH SEPTEMBER 30, 1983, FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT. A_motion was made by Councilperson Westergren to approve and accept Resolution 82-17 as read by the City Attorney. Second by Councilperson Pfeiffer. A motion was made by Councilperson Malone to amend the 1982-83 Revenue Sharing Fund Budget by designating $35,OOD.00 from the 90, 52.00 Contingency for the purchase of land for a parking lot adjacent to the Lomax Rodeo Arena. The motion was seconded by Councilperson Matuszak. The motion was defeated, 3 ayes and 5 nays. Ayes: Councilpersons Malone, Matuszak and Graves Nays: Councilpersons Gay, Westergren, Longley, Pfeiffer and Mayor Pro-Tem Skelton Mayor Pro-Tem Skelton called for a vote on the motion by Councilperson Westergren to approve the 1982-83 Budget. The motion carried, 7 ayes and 1 nay. • Ayes: Councilpersons Gay, Westergren, .Malone, Matuszak, Graves, Pfeiffer and Mayor Pro-Tem Skelton Nays: Councilperson Longley • • • Minutes, Regular Meeting, La Porte City Council September 15, 1982, Page 3 7. City Attorney Askins read: AN ORDINANCE LEVYING UPON TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO TAXATION IN THE CITY OF LA PORTE, TEXAS; AND MAKING APPROPRIATIONS FOR SUPPORT, MAINTENANCE AND IMPROVEMENT OF THE CITY GOVERNMENT OF SAID CITY OF LA PORTE, TEXAS; AND PROVIDING AN EFFECTIVE DATE HEREOF . A motion Ordinance Councilperson Graves. to approve and Attorney. Se~co e motion carried, 8 ayes and ado 0 nays. Ayes: Councilpersons Gay, Westergren, Malone, Longley, Matuszak, Graves, Pfeiffer and Mayor Pro-Tem Skelton Nays: None 8. City Attorney Askins read: AN ORDINANCE AMENDING ARTICLE III, SECTION 12-41, ET. SEQ., "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; REFLECTING A NE'.~ RATE STRUCTURE FOR RESIDENTIAL AND COMMERCIAL GARBAGE AND TRASH COLLECTION; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN 'I'6VO HUNDRED DOLLARS ($200.00) AND EACH DAY OF VIOLATION SHALL BE DEEMED A SEPARATE OFFENSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Pfeiffer to adopt Ordinance No. 1334 as read by the City Attorney. Second by Councilperson Malone. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Gay, ~nlestergren, Malone, Longley, Matuszak, Graves, Pfeiffer and Mayor Pro-Tem Skelton Nays: None C7 9. City Attorney Askins read: AN ORDINANCE ADDING A NE',~7 SECTION, BEING NUMBERED SECTION 25-60, TO CHAPTER 25, ARTICLE IV, OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; SAID SECTION TO DEFINE COMMERCIAL MOTOR VEHICLE, POLE TRAILER, SEMI-TRAILER, SHIPPING CONTAINER, TRAILER, TRUCK AND TRUCK TRACTOR; SAID NE69 SECTION FURTHER PROHIBITING THE PARKING OF SAID DEFINED VEHICLES ON CERTAIN DESIGNATED PROPERTIES; AND AMENDING CHAPTER 25, ARTICLE IV, SECTION 25-64, OF THE CODE OF ORDI- NANCES OF THE CITY OF LA PORTE TO INCLUDE."TRUCK TRACTORS"; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDI- NANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE FINED NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); CONTAINING SEVERABILITY AND REPEALING CLAUSES; FINDING COM- PLIANCE Tv~7ITi-i THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. was made by Councilperson No. 1333 as read by the • • Minutes, Regular Meeting, La Porte City Council September 15, 1982, Page 4 Motion adopt 0 Second ayes and 0 nays. and 8 Ayes: Councilpersons Gay, Westergren, Malone, Longley, Matuszak, Graves, Pfeiffer and Mayor Pro-Tem Skelton Nays: None • 10. City Attorney Askins read: AN ORDINANCE AMENDING CHAPTER 25, ARTICLE V, SECTION 25-80, ET. SEQ. OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; BY ADDING TO THE DEFINITION OF TRUCK TRAFFIC; BY ADDING DEFINITIONS OF "TRUCK TERMINAL", "SHIPPING CONTAINERS", AND "SHIPPING CONTAINER STORAGE YARDS"; AND BY LIMITING THE LOCATION OF TRUCK TERMINALS; PROVIDING THAT ANY PERSON .VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE FINED NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); CONTAINING SEVERABILITY AND REPEALING CLAUSES; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAVd; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Longley to adopt Ordinance No. 1336 as corrected. Second by Councilperson Matuszak. After discussion from the floor (Sonny Black, 10310 North H; J. R. Spradling, 3302 Valley Brook Dr.) and questions were raised by members of the City Council, a motion was made by Councilperson Westergren to table the ordinance amending Chapter 25, Article V, Sec. 25-80, Et. Seq., of the Code of Ordinances of the City of La Porte for review at t e Septe er 27 workshop. The motion was seconded by Councilperson Mahone. The motion carried, 6 ayes and 2 nays. Ayes: Councilpersons Gay, Westergren, Malone, Graves, Pfeiffer and Mayor Pro-Tem Skelton Nays: Councilpersons Longley and Matuszak 11. Council considered the recommendation of the Director of Public ~nlorks Hodge for the purchase of a 3/4 ton pick-up truck with work box. Bids received were as follows: Timmers Chevrolet, Inc. $10,150.57 75 days Joe Camp Ford 11,325.98 75 days Both vehicles meet all specifications. • • • • Minutes, Regular Meeting, La Porte City Council September 15, 1982, Page 5 A motion was made by Councilperson Gay to award the bid to Timmers Chevrolet, Inc., in the amount of $10,150.57 for a 3/4 ton pick-up truck with work box, to be used y the Traf- fic Control Division. Second by Councilperson Westergren. The motion carried, 7 ayes and 1 nay. Ayes: Councilpersons Gay, Westergren, Malone, Longley, Matuszak, Pfeiffer and Mayor Pro-Tem Skelton Nays: Councilperson Graves 12. City Attorney Askins read: AN ORDINANCE AMENDING ORDINANCE NO. 1285-A, "AN ORDINANCE IMPLEMENTING POLICEMEN'S CIVIL SERVICE; ESTABLISHING CLASSIFICATIONS; NUMBER OF AUTHORIZED POSITIONS IN EACH CLASSIFICATTON; ESTABLISHING PAY SCHEDULES; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAL9; CONTAINING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. A motion was made by Councilperson Longley to approve and adopt Ordinance No. 1285-B as read by the City Attorney. • Second by Councilperson Matuszak. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Gay, Westergren, Malone, Longley, Matuszak, Graves, Pfeiffer, and Mayor Pro-Tem Skelton Nays: None 13. City Attorney Askins read: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, SECTION 6-18, CONCERNING PERMISSIBLE FEES AND CHARGES FOR THE TOWING OF VEHICLES IN THE CITY OF LA PORTE; PROVIDING THAT ANY PERSON VIOLATING T'~E TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00); AND PROVIDING AN EFFECTIVE DATE HEREOF. A motion was made by Councilperson Graves to approve and adopt Ordinance No. 1035-B as read by the City Attorney. Second by Councilperson Malone. The motion carried, ayes and 1 nay. Ayes: Councilpersons Gay, Westergren, Malone, Longley, Graves, Pfeiffer and Mayor Pro-Tem Skelton Nays: Councilperson Matuszak. 14. Council considered making appointments to the La Porte Area Water Authority Board. A motion was made by Councilperson • Pfeiffer to table making these appointments to some future • • • Minutes, Regular Meeting, La Porte City Council September 15, 1982, Page 6 date. Second by Councilperson Matuszak. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Gay, Westergren, Malone, Longley, Matuszak, Graves, Pfeiffer and Mayor Pro-Tem Skelton Nays: None 15. Administrative Reports: City Manager Owen reminded Council of the meeting being held September 16 with Planning and Zoning by the planning firm of Lockwood, Andrews & Newnam to discuss the rezoning request by Southern Pacific. Owen advised the Council the solid waste study by HD&R has been started and thanked Councilperson Skelton for all his efforts on this particular project. Owen brought to the Council's attention that Mr. Curtis Temple- ton, a school crossing guard on Broadway died today. Services • will be Friday at 2:30 P.M. 16. Council Action: Councilperson Malone asked that the consideration of a parking lot for the Rodeo Arena be placed on the September 27 workshop agenda. He further requested an update report from Cablevision; he had received numerous complaints. Malone requested an executive session on a legal matter. Councilperson Longley asked consideration of some form of alternate billing for water and sewer at the September 27 workshop. Councilperson Matuszak questioned if any contacts have been made for a traffic light at Myrtle Creek and West Main? City Manager Owen replied that this would go on his list to do. Councilperson Graves stated there would be a called meeting of the La Porte Area Emergency Corps Monday, .September 27,,1982, at 5:00 P.M. to consider changing the By-Laws. He then asked that an item be placed on the September 27, 1982, Council Workshop agenda to consider changing the By-Laws for the La Porte Area Emergency Corps. Councilperson Graves requested an executive session on a personnel matter. Mayor Pro-Tem Skelton asked that staff look into creating a dumping station for Recreational Vehicles at the 4th Street sewer plant. • • Minutes, Regular Meeting, La Porte City Council September 15, 1982, Page 7 17. Council adjourned into executive session at 8:20 P.M. on a legal and a personnel matter. Council returned to the Council table at 9:03 P.M. 18. There being no further business to come before the Council, the meeting was duly adjourned at 9:04 P.M. Respectfully submitted: ~~ ~C~~ ~ ett T. Waters Cit Secretary Passed & approved this the 6th day of October, 1982 ' e r Vi inia Cline, Mayor • • ORDINANCE N0. 705- AN ORDINANCE AP~IENDING SUBSECTION 11.05, "STREET LIGHTING," SECTION 11, "ENGINEERING AND CONSTRUCTION STANDARDS FOR SUB- DIVISIONS," OF ORDINANCE N0. 705 (ArI ORDINANCE PROVIDING RULES AND REGULATIONS GOVERNI^IG THE PLATTING OR REPLATTING OF LAND INTO SUBDIVISIONS IN THE CITY OF LA PORTS AND WITHIN THE EXTRA- TERRITORIAL JURISDICTION OF THE CITY OF LA PORTS); PROVIDING THAT ANY PERSON VIOLATING THE TER~SS OF THIS ORDINANCE SHALL BE DEEiviED GUILTY OF A ~iISDEi•SEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT iSORE THAN TWO HUNDRED DOLLARS ($200.00); CONTAINING SEVERABILITY AND REPEALING CLAUSES; FINDING COM- PLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECT PJE DATE HEREOF. BE IT OP.DAINED BY THE CITY COU.~ICIL OF THE CITY OF LA PORTS: Section 1. Subsection 11.05, "Street Lighting," of Section 11, "Engineering and Construction Standards for Subdivisions," of Ordinance No. 705 of the Citv of La Porte, is hereby amended to read as follows, to-wit: "11.05 Street Lighting. Street lighting on all streets and at all street intersections and cul-de-sacs shall conform to the latest edition of the Illumination Engineering Society Handbook. Round tapered standards with bracket arms shall be used. Lighting levels are recommended for very light traffic, medium traffic on feeder streets, and heavy traffic on thorough- fares. "It is the present policy of the Houston Lighting and Power Company to accept orders only from the City for electric street lights to be installed within the city limits. Accord- . ingly, the developer or owner of the land to be subdivided, or land which has been subdivided, within the city limits, shall make application for electric street lights to the City. Such application shall be accompanied by a copy of the plat of the subdivision, showing thereon the requested location(s) of the electric street lights. The application shall also be accompanied by the developer's or owner's payment to the City of La Porte such fee as may be established from time to time by • i htin and Power Com an for each requested electric Houston L g g P Y~ • • • Ordinance No. 705-i., Page 2. n street light standard, to reimburse the City for the installation fee charged by Houston Lighting and Power Company for the in- stallation of each electric street light standard. A further payment by the developer or owner shall accompany the application to the City of La Porte such fee as may be established from time to time by Houston Lighting and Power Company, for each requested electric street light standard, to reimburse the City for the operational cost of the street light for the first one (1) year of said street light's operation. Upon approval of the location of the street light locations by the City Engineer, the City will place an order for the installation of the electric street lights with Houston Lighting and Power Company. "Owners and developers of land situated outside of the city limits may continue to deal directly with Houston Lighting and Power Company for street light installation." Section 3. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining .,portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 4. All ordinances or parts of ordinances in con- flict herewith are hereby repealed to the extent of conflict only. Section 5. This Ordinance shall be effective fourteen • (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing ~ ~ • Ordinance No. 705- Page 3. the caption hereof to be publisl~ied in the official newspaper in the City of La Porte at least twice within ten (10) da~as after the passage of this ordinance. Section 6. The City Council officially finds, deter- mines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during ~vhich this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. PASSED AND APPROVED this the 15th day of September, 1982. CITY OF LA PORTE i'~ r By . Vir inia Cline, Mayor ATTEST: t y Maters, City Secretary APPROVED: ~~ ~%i% c ~- Knox W. As ins, City Attorney .,. _.. .., _ . .n ~. l~ u • • • RESOLUTION N0. 821 A RESOLUTION APPROVING AND ADOPTING THE BUDGET FOR THE CITY CF LA PORTS, TEAS, FOR THE PERIOD OCTOBER 1, 1982, THROUGH SEPTE~~ER 30, 1983, FINDTiVG THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESEN'IriENT OF SAID BUDGET. t~'~~.5, the Charter of the City of La Porte, Teas; and the statutues of the State of Teas, require that an annual budget be prepared and presented to the City Council of the City of Ia Porte, Texas, prior to the beginning of the fiscal year of said City, and that a public hearing(s) be held prior to the adoption of said budget; and, ~~~RF.A,S, the budget for the fiscal year Octo'oer 1, 1982, through Sept~-nber 30, 1983, has heretofore been presented to the City Council and due deliberation had thereon, and a public hearing(s) having been held as required by law and all cer~ar~nts and objections have been considered; W_~'~ AS, the following is a st~nazy of the sources of revenue, and of the amounts appropriated and the purposes for which the same sha11 be spent: GEi~RAL FU'~1D BEGI`~1IivG APPROPRIATION REVENUE ALL SOURCES 'IbTAL REVEi1U~ 100,000 9,682,080 9,782,080 ALLOCATIONS FIRE DEPARTr1Eiv'T POLICE DEPART~"IEI~'T ADMINISTRATION PLBLIC WORKS P_ARi~S & RECREATION ENGIivTEERI~IG DEBT SERVICE COST OF LIVING ADJUSTI~I' CO.+T~;GENCY FOR RESERVE TOTAL E~Ei~1DITURES 596,305 1,738,471 1,614,569 2,888,540 706,168 528,963 941,463 417,77b 349,825 9,782,080 REVENUE SHA~ZING FUND BEGIT~I~1G APPROPRIATION REVE`idUE ALL SOURCES TOTAL REVEi1UE 145,487 215,190 PROJECT APPROPRIATIONS COi~TTLti'GENCY RESERVE TOTAL E,YPErTDITURES CAPITAL Ii~IPROVEI~IENT FUND BALANCE FORWARD TRANSFER FROM GENERAL FUND TOTAL REVENUE 1,527,577 797 _ ~~ R TOTAL EXPE'~1DITURES CONTL~IGENCY TOTAL 269,825 90,852 2,139,948 185,477 e~ 350,677 360,677 2,325,425 2,325,425 ~~' RESOLUTIOPI NO . 82 - ; age 2 • M7IlOR POOL ~ BEGIi~IL~1G BALANCE 294 , 900 REVENi1E 14, 933 TRANSFER FR0~1 GEi`IERAL FL~'D 350, 000 TOTAL REV~'UE ALL SOLRCES 659,833 EXPE`i~ITURES 328,019 BALANCE 9/30/83 331,814 659,833 tti'ATER Aiti~ ~,IASTEWATER FIND BEGNNIi~G APPROPRIATION 100,000 REVF~~1L~' ALL SOUP,CES 2 ,134, 300 TOTAL REVENUE 2,234,300 • ALLOCATIONS WATERR DEP~RTi'IEi~1'I' 688, 620 WAST~~~ATER DEPARTi~i ~1'T 734, 696 CUSTOi'IER SERVICE 115 , 900 ADT'IIidISTRATIVE TRANSFER TO 368,557 GEi'~RAL FLND DEBT SERVICE 30,075 CONTRIBUTION OF FRONT FOOT 63,000 FEES TO WATER ~ SEGr~R ~~ROVE- NIEi~i F[ND AI~~" i1ISTP.ATIVE T~TSr~R TO WATER 100, 000 & SEWER ZM~ROVF~ti F(TidD COST OF LIVING ADJUSTti1Ei1T 68 , 500 CO~I'INGE~;CY RESERVE 64, 952 2,234,300 CAPITAL IME'ROVEP~TS WATER & WASTEWATER BEGI^~1I`;G I;AL~'~CE 189 , 571 REVENUE 63,000 • TR~,?1SFER FROM WATER/SEGIER FC1ND 100, 000 TRANSFER GENERAL FUND 25,000 TOTAL REVE'i1UE 377 , 571 EXPENDITURES 311,800 CONTIIvG~1CY 65 , 771 TOTAL EXPENDITURES 377,571 NO?J, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF La PORTS, TEXAS: THAT, the budget for the City of La Porte, Texas, naw before the said City Council for consideration, as hereinabove sunmarized and a complete • copy of which is on file with the City Secretary, be, and the same is hereby adopted as the budget for the said City of La Porte, Texas, for the period of October 1, 1982, through September 30, 1983; LI,Z RESOLUTION N0. 82-!7Page 3 C7 BE IT FCTRT~~ER RESOLVED, that the said City Council finds that all things requisite and necessary to the adoption of said budget have been preformed as required by Charter or Statute. PASSED AND APPROVED THIS 15th day of September, A.D., 1982. CITY OF LA PORTS By ~ ' Virg' is ine, Mayor ATTEST: l ity Secr ary • APFROVID AS TO FORM: City Attorney a • • ~~ ~ f September 9, 1982 !~ To: Jack Owens City Administrator On page 42 Revenue Sharing Budget under expenditures there is a contingency of $90,852.00 for the 1982-83 budget year. I recommend the council approve approximately $35,000.00 from this amount to purchase land adjacent to the Lomax City Park. This property could be used for many uses, mainly as a parking area for citizens attending ball games. It also would be used all during the year for young people to park cars and trailers while loading and unloading amimals while using the arena and also for large crowds during play night to park. Thanks, ~'" ~~~~~ Norman Malone C: Mayor Council • • • _.. 4 : '; ~.: ; {.,:+.«c y„~'.:~,y'lC'.. ~^Y: '~L.'`tt~!,p~y~},i: d:.~e~i'S+4fi'"'.:=+~ ~. -,~.wjgki~ ~.s _g'.,$~ ,,•.,~.,p~, ~,4 ,R;,,._ :3''a- ~~t' - b ' -i ~~: A _ - ~ ~ ~ ' _ rr,~i • ORS I:`'A~`:CE ~ ~ . ~~ ~ AIV ORD~'~CE LEVYLtiG Tr'1}~S UPO~d TAXABLE PROPERTY LOC_~TID WITHIi1 Ai~1D SUBJECT TO TAXATIav IN THE CITY OF LA PORTS, T~~a;; Ai~1D r1AKL~;G APPROP RIATZONS FOR SUPPORT, i1AI:ViE"~A:ICE, Ai~TD It1PROVQ~VT OF TIC CITY GOVERi~u"~~VT OF SAID CITY OF LA POQTE, TEXAS; At~1D PROVIDING AN EFFECTIVE DATE I~REOF. BE IT ORDAI~D BY THE CITY COL^iCIL OF THE CITY OF I~ POi~, T~'~S: Section 1. That there is hereby levied for the current fiscal year begi,~ning October 1, 1982, and ending Septerrl~er 30, 1983, on all real property situated and all personal property awned within the taxable limits of the said City of La Porte, Texas, on the first day of January, 1982, except so much as may be exempt under the Constitution and laws of the United States, this State, and the City of La Porte, the folloNri~ng taxes: (1) An Ad Valcre_m Ta_x of and at the rate of five four two eihht five ($.54285) cents on the one h~.~dred $00.00) dollars cash value thereon, estimated in lawful cu.~-rency of the L`nited States for the current e:rpers es for the support, maintenance, and improvement of the City Government of said City of La Parte, Texas. (2) An Ad Valorem Ta_X of and at the rate of one seven seven one five ($.17715) cents on the one hundred ($100. o ars casn va ue thereof, estimated in lawful currency of the United States, to pay current interest on and provide one year's sinking fund and to pay all of the principal and interest accruing on all outstanding bonds lacrf ally issued by the City of La Porte, Texas. Section 2. A11 property upon w=hich a rate of taxation is hereinabove levie ss be assessed on a ratio of one htmdred (100) percent of the estimated market value thereof. Section 3. That the sums hereinafter accruing and collected from the hereinabove taxes so levied be and the same are hereby appropriated for the support , maintenance , and improvement of the City C-0ver~~ert of the City of La Porte, Texas. Section 4. The above and foregoing ordinance shall take effect and be in full force from and after its passage and approval, and it is so ordained. PASSED A:'~tD APPROVED, this the 15th r ~~ • ATTES ty ecrq any APPROVED AS TO FORM: City Attorney day of September, A.D., 1982. CITY OF LA PORTS By Virg" is Cline, ?Mayor v% • • • ORDINANCE NO. %~~~~ AN ORDINANCE AMENDING ARTICLE III, SECTION 12-41, ET. SEQ., "GARBAGE AND TRASH," OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTS; REFLECTING A NEW RATE STRUCTURE FOR RESIDENTIAL AND COMMERCIAL GARBAGE AND TRASH COLLECTIOCI; PROVIDING THAT ANY PERSON VIOLATING THE TERP~IS OF THIS ORDIIANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00} AND EACii DAY OF VIOLATION SHALL BE DEEMED A SEPARATE OFFEI~ISE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN ytEETINGS LAW; ACID PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTS: Section 1. Section 12-41, et. seq., of the Code of Ordi- nances of the City of La Porte is hereby amended, to hereafter • read as follows, to-~~~it: "Sec. 12-41. Rates prescribed--For residences. (a) There shall be charged, assessed and collected, for garbage, trash and rubbish collection by the City from residential dwelling units, which term shall be construed to include duplex units, individual apartment units, and individual mobile homes at mobile home parks, the sum of four dollars and fifty cents ($4.50) per unit per month. (b) Such monthly charge on every residential dwell- ing unit, be it single-family dwelling, duplex, apartment or mobile home, shall prevail, rather than the charges provided in this article for the City's sanitation con- tainer system service, whether or not the individual duplex, apartment, or mobile home space is occupied." "Sec. 12-42. Same--For business and commercial establishments. (a) The minimum charge for business and commercial establishments in the City where garbage and trash is picked up twice a week shall be six dollars- ($6.00) per • month. (b) Subject to the foregoing minimum charges for business and commercial establishments, the following ~~ • • • Ordinance No. _ /.~~.~ page 2 formula shall be used to determine the monthly charge for each user of a sanitation container furnished by the City at a business or commercial establishment: Number of cubic yards furnished x $2.00 per cubic yard x number of pickups per week x 52 weeks - Monthly charge 12 months • (c) When a sani~ation container furnished by the City will adequately and completely serve several business and commercial establishments, such establishments may be required to use the same container and pay a pro rata part of the charge, determined according to the approximate relative quantity of space used, but to no event shall any user pay any less than the minimum charge established by this section for such business and commercial establish- ments. (d) The minimum charge set out in this section shall apply to all business and commercial establishments regard- less of whether or not such business or commercial estab- . lishments use the collection services of the City sanitation department. (e) The minimum charge will not be imposed on any business or commercial establishment if the house or building is unoccupied and the water service to the house or building is suspended. Section 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City ~=z y,.; ~' tF.. o.. • Ordinance No. /~~~ , Page 3 Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by lacy at all times during which this ordinance and the subject matter thereof • has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. • Section 4. Any person, as defined in Section 1.07(27), Texas Penal Code, who shall. violate any provision of the ordi- nance, shall be deemed guilty of a misdemeanor and upon convic- tion shall be punished by a fine not to exceed Two Hundred llollars ($200.00). Section 5. This Ordinance shall be effective from and • after its passage and approval. The rates established hereunder shall be effective October 1, 1982. ~3 • ~; • Ordinance No. l~ ~ ~ Page 4 PASSED AND APPROVED this the /,$~,~ day of September, 1982. CITY OF LA PORTE By ~ ~ ~ ~~~ Vir inia Cline, i4ayor • ATTEST: L ~ City Secretary APPROVED: G~ ~ City Attorney • • ,t ~ • ORDI.~Ai1CE I~IO. ~~ AN ORDINANCE ADDING A i7EW SECTION, BEING NUMBERED SECTION 25-60, TO CHAPTER 25, ARTICLE IV, OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTS; SAID SECTION TO DEFINE COMMERCIAL MOTOR VEHICLE, POLE TRAILER, SEI~1I-TRAILER, SiiIPPING CONTAINEP,, TRAILER, TRUCK, AND TRUCK TRACTOR; SAID NEW SECTION FURTHER PROHIBITING THE PARKING OF SAID DEFINED VEHICLES ON CERTAII~7 DESIGNATED PROPERTIES; A^;D AMENDING CHAPTER 25, ARTICLE I~~, SECTION 25-64, OF THE CODE OF ORDINANCES OF THE CITY OF LA POP,TE TO INCLUDE "TRUCK TRACTORS"; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINAI'ICE SHALL BE DEE~tiIED GUILTY OF A MIS- DE~tiIEANOR AND SHALL UPON CONVICTION BE FINED NOT TO EXCEED TA70 HUNDRED DOLLARS ($200.00); CONTAINING SEVER~BILITY AND REPEALIidG CLAUSES; FINDING COMPLIA:CE WITH TiiE OPEN P~IEETINGS LAb"7; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT OP,DAINED BY THE CITY COUNCIL OF THE CITY OF LA PGRTE: Section 1. A new section is hereby added to Chapter 25, ., Article IV, of the Code of Ordinances of the City of La Porte, said section being numbered 25-60, which is to hereafter read as follows, to-wit: "Sec. 25-60. Definitions; certain parking prohibited on property cor_- taining single-family or multi-family dwellings. (a) The following words and phrases, when used in this Article, shall, for the purpose of this Article, have the definitions ascri~ed to them in Sec. 25-80, infra, of this Chapter: Commercial motor vehicle Pole trailer Semi-trailer Shipping ccntai:-:ers • Trailer Truck Truck tractor (b) It shall be unlawful for any person to leave, stand, or i:ark a commercial motor vehicle, pole trailer, semi-trailer, shipping container, trailer, truck (other than a light truck as defined herein), or a true:{ tractor on any • property zoned for single-family or multi-family residential use under the applicable Zoning Ordinance of the City of La Porte, said property to include ff • CJ Ordinance No. ~~~~ , page 2 . property zoned Class "C" commercial and multi-family which is being used for multi-family dwelling purposes." Section 2. Chapter 25, Article IV, Sec. 25-64, of the Code of Ordinances of the City of La Porte is hereby amended to hereafter read as follows, to-wit: "Sec. 25-64. Parking time limit for trailers, semi-trailers, etc. It shall be unla:aful for any person to leave, . stand, or park a trailer, semi-trailer, pole trailer, or truck tractor, either attached or unattached to a motor vehicle, on the public streets of the City for a period of time in excess of four (4) hours." Section 3. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part theereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. • Section 4. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this Ordinance by causing the caption hereof to be published in the official r7ewspaper in the City of La Porte at least twice within ten (10) days after the passage of this ordinance. • Section 5. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City fz • ` u Ordinance No. _ ~~~,~ , page 3. Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open i~ieetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. PASSED AND APPROVED this the _ /~-~ day of , 1982. CITY OF LA PORTE B y 1~yt.ac.~,,cc~J Virg nia Cline, Nlayor ATTEST: • i,y cr tary APPROVED: ~_ ~ City Attorney • F3 • • • • ~U~J~' ORDINANCE N0. ~~(~ ~fi AN ORDINANCE AMENDING CHAPTER 25, ARTICLE V, SEC. 25-80, ET SEQ, OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTS; BY ADDING TO THE DEFINITION OF TRUCK TRAFFIC; BY ADDING DEFINITIONS OF "TRUCK TERMINAL", "SHIPPING CONTAINERS", AND "SHIPPING CONTAINER STORAGE YARDS" ; Ai`ID BY LIMITING THE LOCATION OF TRUCK TERMINALS; PROVIDING THAT ANY PERSON VIOLATItvG THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY Or^ A MISDEMEANOR AND SHALL UPON CONVICTION BE FINED NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); CONTAINING SEVERABILITY AND REPEALING CLAUSES; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTS: Section 1. Chapter 25, Article V, Sec. 25-80, of the Code of Ordinances of the City of La Porte is hereby amended, to hereafter read as follows, to-wit; "Sec. 25-80. Definitions. The following words and phrases, when used in this article, shall, for the purpose of this article, have the meanings respectively ascribed to them as follows: Commercial motor vehicle. Any motor vehicle other than a motorcycle, designed or used for the transportation of property, including every vehicle used for delivery purposes. Gross weight. The weight of a vehicle with- out load plus the weight of any load thereon. Light truck. Any truck, as defined in this article, with a manufacturers rated carrying capacity not to e•ceed two thousand (2,000) pounds and is intended to include those trucks commonly known as pickup trucks, panel delivery trucks and carryall trucks. Pole trailer. Every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections. Semi-trailer. Every vehicle, with or with- out motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so con- structed that some part of its weight and that of its load rests upon or is carried by another vehicle. r] G/ • • Ordinance No. page 2. Shipping containers. Sealable shipping containers, designed or intermodal trans- portation, either with or without a per- manent affixed chassis, used in interstate and international commerce for the shipment of goods and merchandise. Shipping container storage yards. A faci- lity or the storage, handling, and repair of shipping containers. Trailer. Every vehicle, with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. Truck. Any motor vehicle designed, used or m-aintained primarily for transportation of property. Truck routes. Those routes which are designated by this article for the use of truck traffic. • Truck terminal. A commercial facility operated principally for the loading, un- loading, storage, handling, maintenance, or repair of trucks, truck tractors, trailers, semi-trailers, pole trailers, shipping containers, or commercial motor vehicles, as defined in this section, including but not limited to gasoline ser- vice stations, shipping container storage yards, and warehouse and shipping facilities. Truck tractor. Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. Truck traffic. The operation of any combi- nation of a truck tractor, trailer, semi- trailer, pole trailer, shipping container, or a commercial motor vehicle, but not including light trucks, as herein defined." Section 2. Chapter 25, Article V, Sec. 25-84, of the Code of Ordinances of the City of La Porte is hereby amended, to hereafter read as follows, to-wit: "Sec. 25-84. Location of truck terminals restricted. Truck terminals, as defined in Sec. 25-80 of this Ordinance, shall only be located • cz r • Ordinance No. Page 3. in areas directly adjacent to the right-of-way of the truc.'~c routes specifically designated in Sec. 25-81, supra, of this Ordinance." Section 3. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this • ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part theereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 4. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of tills Ordinance by causing the caption hereof to be published in the official necaspaper in the City of La Porte at least twice within ten (10) days after the passage of this ordinance. • ~ Section 5. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. • ~3 • • .~.~ ~.w „.:r Ordinance No. Page 4. PASSED AND APPROVED this the 1982. ATTEST: CITY OF LA PORTE day of By Virginia Cline, Mayor y Secretary • • APPROVED: City Attorney. ~~ • CITY OF LA PORTE INTER-OFFICE MEMORANDUM TO : Jack;:'Owe~, ,~~ty Manager DATE t ~~, FROM: Jerry,,~-Io,d~f ~ Director of Public Works ~~ SUBJECT: Vehicle Purchase - Traffic Control /~ ~ -~ • September 9, 1982 Cities with~`a population of over 15,000 are required to maintain all State and County traffic signals within their City limits. The City of La Porte was scheduled to assume maintenance on June 1, 1982. For this reason, a (12 ton) truck was budgeted, along with a manlift to perform work on lights, in addition to increasing the stoc'~c of hardware, poles, and signs needed to repair traffic signs. The State Department of grading their signals on now assume maintenance o intersections within the mined that it would be m Therefore, the bucket tr • Highways and Transportation is Taorking on up- Main Street, and the City of La Porte will n January 1, 1983. With only (18) signalized City, the Public Works Department has deter- ore economical to contract the maintenance. uck will not be needed. The Traffic Control Division is presently using a 2 ton pickup. With a larger truck equipped with a workbox, this department could carry more hardware, supplies and signs to properly maintain traffic control devices within the City. At the present time, the Sign Technician spends a large amount of time driving back and forth for needed items. The Public [forks Department has received bids for a 1983 3/4 ton cab and chassis with workbox from Timmers Chevrolet in the amount of TEN THOUSAND 0:?E HUNDRED FIFTY DOLLARS AND FIFTY SEVEN CENTS ($10,150.57). Budgeted amount is ELEVEN THOUSAND FIVE HUNDRED DOLLARS ($11,500.00). One other bid was received, although a total of three (3) were sent out. I recommend that the City purchase the 3/4 ton truck with work box from Timmers Chevrolet in the amount of. TEN THOUSAND ONE HUNDRED FIFTY DOLLARS AND FIFTY SEVEN CENTS (10,150.57). The ~ ton pickup will be transferred to the Water Production Department. If you should have any questions, please advise. JH/ct attachment • ~~ r I • f • r~ L CITY OF LA PORTE INTER OFFICE iIEMORANDUM • T0: J. Hodge DATE: August 31, 1982 FROM: J. Ray ~:% SUBJECT: Bid Tabulation: 3/4 Ton Cab & Chassis With Work Box Sealed bids were opened Monday, August 30, 1982 on the aforementioned item. Both vendors indicate their unit will meet all specifications outlined by the Department of Public Works. . Timmers Chevrolet elected to bid a new 1983 3/4 ton cab and chassis. Joe Camp Ford bid an unused 1982 model. I hereby recommend awarding this bid to Timmers Chevrolet on the basis of low bid. JR/va attachment • N'~ r • Bid Tabulation: • 3/4 Ton Cab & Chassis with Work Box Timmers Joe Camp Chevrolet Ford 1 Inc. 1. One 3/4 ton cab and chassis with --- work box $10 150.57 -rte ~ !$11,325.98 I -- ! - - i - ' I ~ 2. Delivery time I ! 75 days i 30-75 days ~ ~ - --. i i 3. All specifications met? I ' yes yes i - ~ i ~ f ~ -- - - ---- -- I i - ~ _ t~- - -- i _ i -_-_ ~ I 1- 1---- _ ~ - ~ -- I - i - ~ - i - - - _ - -~ - --- - I - -- - ---- i -- - -- -- - - - - ~ ~ I - i _ ~ -- ---- ---- - - - ! - _~ __ ~ ~ - ( _ `-~- -t- - ~ ( ~ ( - ~ ------~----- AN ORDINANCE AMENDING ORDINANCE N0. 1285-A, "AN ORDINANCE IMPLE- MENTING POLICEMEN'S CIVIL SERVICE; ESTABLISHING CLASSIFICATIONS; NU•iBER OF AUTHORIZED POSITIONS IN EACH CLASSIFICATION; ESTABLISH- ING PAY SCHEDULES; CONTAINING A SEVERABILITY CLAUSE; FINDING CO.iPLIANCE WITH THE OPEN MEETINGS LAW; CONTAINING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF." BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Section 1 of Ordinance 1285-A is hereby amended and shall hereafter read as follows, to-wit: "Section 4. There are hereb;~ established the following annual pay schedules for each classification, based upon time of service within said classification, to-wit: Salary Per Year Under b mo. or until Completion of Under Over Over Over Police Academy 12 mo. 12 mo. 24 mo. 36 mo. • 20 779 171 23 Patrolman ~ $16,723 18,574 19,573 , , Sergeant 23,400 23,858 24,294 25,022 Lieutenant 25,771 26,000 26,416 27,622 Section 2. It is the intention of the City Council of the City of La Porte that each employee of the City of La Porte Police Department shall have received a ten per cent (10%) cost of living pay raise in addition to the above pay schedules, eff- ective October 1, 1982, for the ensuing fiscal year. Section 3. Except as hereby amended, Ordinance No. 1285-A shall remain in full force and effect. Section 4. The City Council officially finds, determines, and recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the • City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article • • • Page 2-Ordinance No. 1285-B • 6252-17 Texas R evised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. This Ordinance shall take effect and be in force as of October 1, 1982. PASSED and APPROVED this the 15th day of September, 1982. City of La Porte By ~ irg' is Cline, Nlayor • ATTEST: its Sec' et ry APPROVED: City Attorney • • IZ • • • ORDINANCE N0. 1035-B AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTS, TEXAS, SECTION 6-18, CONCERNING PERMISSIBLE FEES AND CHARGES FOR THE TOWING OF VEHICLES IN THE CITY OF LA PORTS; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN T[~0 HUNDRED DOLLARS ($200.00); AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTS: Section 1. Section 6-18 of Chapter 6 of the Code of Ordinances shall hereafter read as follows: (A) (Permissible fees and charges shall be as follows:) (1} The standard charge for a "normal tow" from the scene of an accident in the city limits of La Porte to the place of business of the wrecker operator, or other location in the city limits of La Porte, instructed • by the owner, will not exceed forty-five dollars ($45.00). This charge will apply either day or night, holidays or Sundays. If the owner of the vehicle be- ing towed required the vehicle to be moved or trans- ferred after the vehicle has been towed to a location specified in a wrecker ticket, there may be an additional charge of fifteen dollars ($15.00). For transferring the . vehicle within the city limits, a normal tow is defined as picking up the vehicle or moving and towing the vehicle from the street to a location. There will be no addition- al charges to disengage one vehicle from another, as this will be considered part of a normal tow when the vehicles are moved from the street. (2) An additional charge may be made for the following . additional labor that is not required in a normal tow: (a) An additional charge not to exceed fifteen dollars , ($15.00) may be made for a ditch pull and/or • rollover in those cases where two (2) separate pulls with the wrecker's winch line are actually required. ' (b) An additional charge not to exceed ten dollars ($10.00) may be made for disengaging and remov- . ing the drive shaft, or for other exceptional labor.. (3'.) A charge not to exceed Sixty-five dollars ($65.00) may be made when it is required to "airplane" a wrecker ' vehicle; i.e., to completely pull the wrecked vehicle • upon the wrecker. This charge shall be all inclusive, and no other charge may be imposed whien it is made. JI • • Page 2-Ordinance No. 1035-B (4) Except in the event of an airplane charge, the maximum charge for any and all tows from the scene of an accident in the City limits shall be seventy-five dollars ($75.00). (5) A charge not to exceed four dollars ($4.00) per day may be made for the storage of wrecked vehicles. A "day" shall mean a twenty-four (24) hour period beginning at the time the vehicle enters the storage yard. (6) A charge not to exceed five dollars ($5.00) per tire may be made when it becomes necessary to change a tire, however in the case of mag wheels the charge shall be ten dollars ($10.00) per tire. (7) A charge not to exceed five dollars ($5.00) may be made when it becomes necessary to disconnect linkage. (8) Due to the exceptional care necessary to remove a motor- cycle the charge shall be fifty dollars ($50.00). • Section 2. All other provisions of Chapter 6 of the Code of Ordinances of the City of La Porte are hereby expressly saved from repeal. Section 3. Any person, as defined in Section 1.07(27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punish- ed by a fine not to exceed Two Hundred Dollars ($200.00). Section 4. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption here- of to be published in the official newspaper in the City of La Porte at least twice within ten (10) days after the passage of this Ordin- ance. PASSED and APPROVED this the 15th day of September, 1982. City of La Porte • B y l~J u Virg' is Cline, Mayor ATTEST: C'ty cretary APPROVED: City Attorney • .Ci