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1982-11-17 Regular Meeting
• MINUTES OF THE • REGULAR MEETING OF THE LA FORTE CITY COUNCIL NOVEMBER 17, 1982 1. Meeting called to order by Mayor Cline at 7:00 P.M. Members of the Cit Council Present: Mayor Virginia Cline, Councilpersons Norman Malone, Jo n Longley, Edward Matuszak, Kevin Graves, Lindsay Pfeiffer, Deotis Gay, Linda Westergren Members of the City Council Absent: Councilperson Don Skelton 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 Parks and Recreation Stan Sherwood, Director of Public Works Jerry Hodge, Chief Building Official David Paulissen • Others Present: Dick Bell, Bayshore Sun; Pam Smith, La Porte Broadcaster; Frieda Beaty, Baytown Sun; Jeff Patterson, South- east Weekly; and 13 interested citizens 2. The invocation was given by City Attorney Askins 3. Recognition of Employee of the Month 4. Mayor Cline proclaimed the Great American Smoke Out 5. The minutes of the previous meeting were considered by Council. A motion was made by Council ersan Longley to adopt and approve tip e minutes of the Nove er ~, 1982, Regular Meeting of the La Porte City Counci Second by Councilperson Matuszak. The motion Carrie , ayes and 0 nays. Ayes: Councilpersons Malone, Longley, Matuszak, Graves, Pfeiffer, Gay, Westergren and Mayor Cline Nays: None 6. Mayor Cline proclaimed the Council in session for Public Hearing on demolition of dangerous buildings: A. Block 198 -Lot 22-26 - La Porte Bay Area Heritage Society Chief Building Inspector Paulissen reported a permit had been issued today (Nov. 17) to demolish-this building • • • Minutes, Regular Meeting, La Porte City Council November 17, 1982, Page 2 B. Block 88 - Lot 20-21 - Hue J. Burns Chief Building Inspector Paulissen recommended demolition C. Block $8 - Lot 22-23 - Hue J. Burns Chief Building Inspector Paulissen reported a permit has been issued today (Nov. 17) to .improve this building and bring it up to required standards D. (Emergency addendum) - Outlot 640 - La Porte Outlots - E. Brinson League - Kenneth W. Schick Chief Building Inspector Paulissen recommended demolition Public Hearing closed. 7. Consent Agenda: A. Removed. B. The City Attorney read: AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOTS 20-21, BLOCK 8$, TOWN OF LA FORTE, HARRIS COUNTY, TEXAS, TO BE TN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT HUE J. BURNS TS THE RECORD OWNER OF SAID PROPERTY; ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THE ORDINANCE C. Removed. D. The City Attorney read: AN ORDINANCE DECLARING THE BUILDING LOCATED ON LA PORTE OUTLOT 640, E. BRTNSON SURVEY, TOWN OF LA PORTE, HARRIS. COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT KENNETH W. SCHTCK IS THE RECORD OWNER OF SAID PROPERTY; ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR DEMO- LITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE FIRE CHIEF TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE' REMOVAL OF SAID PREMISES BY THE CITY OF LA PORTS IF NOT REMOVED BY SAID OWNER; AND PROVIDING AN EFFECTIVE DATE HEREOF . A motion was made by Council erson Matuszak:to.~a~pro~eNand a opt. Ordinance No. '~ 7 and 3 8 a~ read .b t e City Attorney eing'items B and D on t e consent.agen a. Secon y Counci - person Graves. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Malone,- Longley, Matuszak, Graves, Pfeiffer, Gay, TAestergren and Mayor-Cline Nays: None • • • Minutes, Regular Meeting, La Porte City Council November 17, 1982, Page 3 8. Council considered an application for a beer and wine on premise license by Melvin R. Walker for the "City Limit Barbeque" at 2219 Underwood Road, Building B. After re- viewing the applications and reports from. Code Enforcement and the Police Department, the City Attorney read: AN ORDINANCE AMENDING ORDINANCE N0. 1000 OF THE CITY OF LA PORTE, TEXAS, DESTGNATTNG THE AREAS WHERE BEER FOR CONSUMPSION ON PREMISES MAY BE SOLD AND PROHIBITING THE SALE ELSEWHERE; PROVIDING FOR HOURS OF OPENING AND CLOSING; PROVIDING SALE OF BEER FOR CONSUMPTION OFF PREMISES SHALL. NOT BE AFFECTED; DEFINING SOURCE OF AUTHORITY; PROVIDING THAT. NO LICENSE SHALL BE ISSUED EXCEPT FOR THE AREAS HEREIN DESIGNATED; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EF- FECTIVE DATE HEREOF. A motion was made and ayes and 0 nays. Ayes: Councilpersons Malone, Longley, Matuszak, Graves, • Pfeiffer, Gay, Westergreri and Mayor Cline Nays: None 9. Council considered a contract for City of La Porte Delinquent Tax Attorney. A contract was submitted for .Council's review between the City of La Porte and Dexter D. Joyner. City Attorney Askins stated he had reviewed the contract and he found it to be in order. A motion was made by Counclperson Malone to aut'hori'ze the Mayor, to -enter into `this contract ~etainin Dexter. _D : Jo ner as a inquent tax a tonne: for. E Cit of La .PO:rt'~ fcir a perio to egin Nove er 15, 1'82 an en ~,n Nove er 15, 1983. Secon y Counci person Matusza T e motion Carrie , ayes and 0 nays. Ayes: Councilpersons Malone, Longley, Matuszak, Graves,, Pfeiffer, ,Gay, Westergren and Mayor Cline Nays: None 10. City Manager Owen discussed with Council the need for a Master Plan for the City of La Porte. He stated it is the Staff's recommendation that a request for proposals be autho- rized so that the Council can retain a consultant to prepare a Master Plan. U • U • Minutes, Regular Meeting, La Porte City Council November 17, 1982, Page 4 During discussion, Councilperson Matuszak and Councilperson Westergren volunteered to serve with Staff to prepare those items that they feel sould be included in a complete Master Plan. A motion was made Staff. wit Counci zor Proposal for a Master Plan. secona ny Councilperson Westergren. T e motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Malone, Longley, Matuszak, Graves, Pfeiffer, Gay, Westergren and Mayor Cline Nays: None 11. Administrative Reports: the Federal Emergency Management Agency - Don Ellison and Bob Pudlewski - November 22 at 2:30 P.M. An up-to-date report from Staff will be out this week covering all studies and projects currently underway. 12. Council Action; Councilperson Malone made reference to the unemployment rate in the area and enc©uraged prudence in City spending. Council erson Lon le recommended some consideration be given to ie posse i ity of a marina in La. Porte. Council erson Matuszak brought to Public Works attention a water leak etween Carlow and Roseberry. He asked why no action had been taken about the-dirty sock at the airport. Matuszakc requested thaw a proposed sign ordinance be placed on the December 1982 workshop agenda. Matuszak further discussed the tabling of the bids on refur- bishing the municipal swimming pool. After a report from Parks Director Stan .Sherwood, .Councilperson Matuszak stated he was satisfied the bid received by the City from Cahill and Stone was probably the best offer received. A motion was made Carrie , ayes and 0 nays. _.. _.. 'son' Matuszak to authorze.Sher- . Ayes: Councilpersons Malone, Longley, Matuszak, Graves '~ Pfeiffer, Gay, Westergren and Mayor Cline Nays: None • • • Minutes, Regular Meeting, La Porte City Council November 17, 1982, Page 5 Councilperson Graves recommended workshops be moved back to Wednesday nights and since. they are getting so lengthy go to two a month. Council felt this matter .should wait until after the first of the year. Councilperson Pfeiffer asked where the new zoning ordinance stood and stated t at if it was too far in the future he felt Council should take some immediate action to change Industrial with no smoke stack within the City. Pfeiffer commended Public Works on their drainage work on the north side of town. Councilperson Gay suggested steps be taken to open the feeder street etween A ams and Tyler Streets. Mayor Cline read a letter from the International Institute of Municipal Clerks announcing that City Secretary Betty T. Waters has been awarded the designation of "Certified Municipal Clerk" (letter a part of these minutes) . • 13. There being no further business to come before the Council, the meeting was duly adjourned at 7:59 P.M. Respectfully submitted: ~~ B ty Waters City ecretary Passed & Approved this the 1st day of December, 19 2 ~~ Vi ginia Cline Mayor r ~ ~~ • INTER-OFFICE MEMORANDUM • T0: Jerry Hodge/Director of Public Works DATE: D?ovember 4, 1982 FROM: Mike Yarborough/Superintendent of Solid Waste SUBJECT: Employee of the Month of October My selection for Employee of the Month of October is Randy Oursler. I .feel Randy Oursler is a. very dedicated employee and takes great pride in his work as well as the City of La Porte. Randy is one of the two leadmen for the solid waste division trash crews. He needs little or no supervision in any project he may be ask to do. P.andy is also one of the solidwaste divisions picker operators, and I would like to add that he is very alert and safety concious with our. crew and equipment . P,andy has also been a back-up driver for residential garbage routes, as well as a rider on the back of the garbage truck, when needed. • Randy Oursler was a very big asset in the Citys' May clean up this past May. This man has been with the City of La Porte just over two years in the Solid Waste Division, and he has shown dedication, advancement, and a desire to be the best at any task given to him. As Randys' Supervisor I feel he more than qualifies for this award. /~~~ dr~ ~/~ ~2 /-~ ~ ,.. __ ... CITY OF LA PORTS • I`'TE~-OFFICE `SE`SORA.'r'DU:I ~. T0: Mayor and Council DATE: 11-/12/82 FROM: Board of Inspection SUBJECT: 400 Blk. N. 3rd, Blk. 88, Lots 20-2.1, La Porte z, _ 2: Houses owned by Mr. Hue J. Burns. As of this date, Mr. Burns has not submitted any plans other than a floor plan (which is not sufficent in it self) for one building. • At this time the recomendation of the Board of Inspections that the buildings be removed stand. • • • -. ORDINANCE N0. • AN ORDINANCE DECLARING THE BUILDING LOCATEn ON LOT 22-26 B1 ock 198 TOWN OF LA PORTE , HARRIS COUNTY, TEXAS TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMIQED; FINDING THAT Bay-,4rea Heritage So~~e RECORD OWNER OF SAID PROPERTY; ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE~OF THIS ORDINANCE; ORDERING THE FIRE CHIEF TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL OF SAID PREMISES BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, The City Council of the City of La Porte, passed and approved Sections 8-115 through 6-126 of the Code of Ordinances, City of La Porte, creating a Board of Inspection to be composed of the Building Inspector or his duly authorized representative, the Fire Chief or his duly authorized representative, and the Fire Marshal or his duly authorized representative; WHEREAS, such Code sections provide that, whenever it shall come to the attention of City Council that a nuisance exists, as defined in said Ordinance, such Board shall within twenty-four (24) hours of the receipt of such complaint make a thorough inspection of such alleged nuisance, and thereafter immediately make its report in writing as further provided in said ordinance; WHEREAS, it has heretofore come to the attention of City Council that the building located on Lot 22_26 Block 198, Town of La Porte, Harris County, Texas,has, for the reason of neglect or misuse has_ been allowed to deteriorate into a condition of decay or partial ruin and become a fire hazard, and is so situated as to endanger the person and property of others; • WHEREAS Cit Council heretofore to-wit: on Y September 1, 1982 ordered said Board of Inspection to make its thorough inspection of said building located on said property, and to thereafter make its report in writing, as provided in said Ordinance, of the circumstances and condition of the said building; • ~~ WHEREAS, said Board of Inspection has heretofore made and filed its written report, dated 8-17-82 finding such said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner of said property, Bay-Area Heritage Society whose address is 1400 PJarth 10th St. , La Porte, Tex. that a hearing as provided in Section 5 of said Ordinance would be held at b04 • West Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice of • • said hearing upon said owner, by registered mail, return receipt requested, which return receipt indicates that said owner received said notice on Oct. 12, 1982 a date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board of Inspection; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, its required to make its decision in writing and enter its order; and WHEREAS, City Council entered its order on Nov. 17, 1982 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: e.~ • Ordinance N o. Page 3. Section 1. This Ordinance contains the findings and orders of the City Council of the City of La Porte, and its conclusions, based upon the evidence presented at said hearing. Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board of Inspection, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and • declares such building to be a nuisance, and orders such building - condemned. Section 4. The City Council hereby finds, determines and declares that gay-Area Heritage :who resides at 1400 North 10th St. Society La Porte, Texas is the record owner of the property on which this building is situated, and that as such record owner, the said Bay-Area Heritage Soc.has been duly and legally notified of these proceedings. Section 5. The City Council hereby orders the said Bay-Area Heri tage to entirely remove or tear down such building , and Society further orders the saidBay-Area Heritage Society to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete such removal or demolition of such building within a reasonable time. Section 6. The City Council hereby orders the Fire Chief of the City of La Porte to cause a notice of the dangerous, insanitary condition of the building to be affixed in one or more conspicuous places on the exterior of the building, which notice or notices shall not be removed or defaced by any person, under penalty of law. . Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner of said property, the said Bay-Area Heritage Society by registered mail, return receipt requested. G'3 • • Ordinance No. Page 4. ' Section 8. Should the said Bay-Area Heritage Societytot comply with the orders contained in this Ordinance relating to the removal or demolition of such building within ten,(10) days after service hereof, then the Board of Inspection of 'the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause tre said building to be removed or demolished without delay, and the e:~penses of such procedure shall be charged against the said Bay Area Heritage Society record owner of said property, and shall thereupon become a valid and • enforceable personal obligation of said owner of such premises,' and the said Board of Inspection shall carefully compute the cost of such removal or demolition, which cost shall be hereafter .assessed against the land occupied b;~ such building, and made a lien thereon. Section 9. This Ordinance shall ta'~ce effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 17th day of November , 19 82 CITY OF LA PORTS • BY • C~ • Ordinance No. Page 5. ATTEST: City Secretary APPROVED: • City Attorney • i e~" -- • • T~ ORDINANCE N0. AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOT 20-21, Block 88 TOWN OF LA PORTS , HARRIS COUNTY, TEXAS TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMIv'ED; FINDING THAT Hue J. Burns IS THE RECORD OWNER OF SAID PROPERTY; ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE FIRE CHIEF TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD P, COPY OF THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL OF SAID PREMISES BY THE CITY OF LA PORTS IF NOT REMOVED BY SAID OWNER; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, The City Council of the City of La Porte, passed • and approved Sections 8-115 through 6-126 of the Code of Ordinances, City of La Porte, creating a Board of Inspection to be composed of the Building Inspector or his duly authorized representative, the Fire Chief or his duly authorized representative, and the Fire Marshal or his duly authorized representative; WHEREAS, such Code sections provide that, whenever it shall come to the attention of City Council that a nuisance exists, as defined in said Ordinance, such Board shall within twenty-four (24) hours of the receipt of such complaint make a thorough inspection of such alleged nuisance, and thereafter immediately make its report in writing as further provided in said ordinance; WHEREAS, it has heretofore come to the attention of City • Council that the building located on Lot 20-21 Block 88 being in the 400 Block of North 3rd Street Town of La Porte, Harris County, Texas,has, for the .reason of neglect or misuse has been allowed to deteriorate into a condition of decay or partial ruin and become a fire hazard, and is so situated as to endanger the person and property of others; WHEREAS, City Council heretofore, to-wit: on 1st day of • September, 1982 ordered said Board of Inspection to make its thorough inspection of said building located on said property, and to thereafter make its report in writing, as provided in said Ordinance, of the circumstances and condition of the said building; ~/ • Ordinance No . _ /~~7 Page 2 . • • • i .,,;, WHEREAS, said Board of Inspection has heretofore made and filed its written report, dated 9-1-82 finding such said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner of said property, Hue J. Burns whose address is 402 W. Tyler La Porte, Texas that a hearing as provided in Section 5 of said Ordinance would be held at 604 West Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice of said hearing upon said owner, by registered mail, return receipt requested, which return receipt indicates that said owner received said notice on October 14, 1982 a date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board of Inspection; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, its required to make its decision in writing and enter its order; and WHEREAS, City Council entered its order on Wednesday, Nov. 3, 1982 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: ~~ • Ordinance No. Pa a 3. t Section 1. This Ordinance contains the findings and orders of the City Council of the City of La Porte, and its conclusions, based upon the evidence presented at said hearing. Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board of Inspection, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building to be a nuisance, and orders such building condemned. Section 4. The City Council hereby finds, determines and declares that Hue J. Burns who resides at 402 W. Tyler ' • • La Porte, Texas is the record owner of the property on whic~i this building is situated, and that as such record owner,. the said Hue J. Burns has been duly and legally notified of these proceedings. Section 5. The City Council hereby orders the said Hue J. Burns to entirely remove or tear down such building, and further orders the said Hue J. Burns to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete such removal or demolition of such building within a reasonable time. Section 6. The City Council hereby orders the Fire Chief of the City of La Porte to cause a notice of the dangerous, insanitary condition of the building to be affixed in one or more conspicuous places on the exterior of the building, which notice or notices shall not be removed or defaced by any person, under penalty of law. Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner of said property, the said Hue J. Burns of 402 W. Tyler, La Porte, Texas 77571 by registered mail, return receipt requested. ~~ • Ordinance No . ~~ 7 / Page 4. • Section 8. Should the said Hue J. Burns not comply with the orders contained in this Ordinance relating to the removal or demolition of such building within ten,(10) days after service hereof, then the Board of Inspection of 'the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said Hue J. Burns, record owner of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said Board of Inspection shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building, and made a lien thereon. Section 9. This Ordinance shall ta'~e effect and be in force from and after its passage and approval. PASSED AND APPROVED this the day of , 19 82 CITY OF LA PORTE • ATTEST: By • City Secretary APPROVID City Attorney ~~ • ORDINANCE N0. AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOT Block 88 Lot 22 , 23 La Porte. TOWN OF LA PORTE , HARRIS ~OUNTY, T~XAS TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEM.Iv'ED; FINDING THAT Hue .T. Burns IS THE RECORD OWNER OF SAID PROPERTY; ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER TO COrII~IENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE FIRE CHIEF TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COPY OF-THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL OF SAID PREMISES BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, The City Council of the City of La Porte, passed and approved Sections 8-115 through 6-126 of the Code of Ordinances, City of La Porte, creating a Board of Inspection to be composed of the Building Inspector or his duly authorized representative, the Fire Chief or his duly authorized representative, and the Fire Marshal or his duly authorized representative; WHEREAS, such Code sections provide that, whenever it shall come to the attention of City Council that a nuisance exists, as defined in said Ordinance, such Board shall within twenty-four (24) hours of the receipt of such complaint make a thorough inspection of such alleged nuisance, and thereafter immediately make its report in writing as further provided in said ordinance; WHEREAS, it has heretofore come to the attention of City • Council that the building located on Lot 22,23, Block 88, La Porte Harris County, Texas,has, for the .reason of neglect or misuse has been allowed to deteriorate into a condition of decay or partial ruin and become a fire hazard, and is so situated as to endanger the person and property of others; WHEREAS, City Council heretofore,. to-wit: on September 1, 1982 ordered said Board of Inspection to make its • thorough inspection of said building located on said property, and to thereafter make its report in writing, as provided in said Ordinance, of the circumstances and condition of the said building; ~~ • • • • • Ordinance No. Page 2. • t WHEREAS, said Board of Inspection has heretofore made and filed its written report, dated September 1, 1982 finding such said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner of said property, Hue J. Burns , whose address is 402 West Tyler, La Porte, Texas 77571 that a hearing as provided in Section 5 of said Ordinance would be held at 604 Glest Fairmont Parkway, at the Council Chambers, City Hall, City 'of La Porte, Texas, at which time the Cvuncil would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice of said hearing upon said owner, by registered mail, return receipt requested, which return receipt indicates that said owner received said notice on October 14, 1982 a date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board of Inspection; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, its required to make its decision in writing and enter its order; and WHEREAS, City Council entered its order on November 3, 1982 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTS: Ez • • Ordinance No. Page 3. ~ Section 1. This Ordinance contains the findings and orders of the City Council of the City of La Porte, and its conclusions, based upon the evidence presented at said hearing. Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board of Inspection, in full, and incorporates such by reference herein as fully as though set out herein. " Section 3. The City Council hereby finds, determines and • declares such building to be a nuisance, and orders such building condemned. Section 4. The City Council hereby finds, determines and declares that Hue J. Tyler who resides at 402 west Tyler,' La Porte, Texas , is the record owner of the property on which this • building is situated, and that as such record owner, the said Hue J. Burns has been duly and legally notified of these proceedings. Section 5. The City Council hereby orders the said Hue J. Burns to entirely remove or tear down such building, and further orders the said Hue J. Burns to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete such removal or demolition of such building within a reasonable time. Section 6. The City Council hereby orders the Fire Chief • of the City of La Porte to cause a notice of the dangerous, insanitary condition of the building to be affixed in one or more conspicuous places on the exterior of the building, which notice or notices shall not be removed or defaced by any person, under penalty of law. Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner of said property, the said Hue J. Burns by registered mail, return receipt requested. E3 • • • Ordinance No. Page 4. ' Section 8. Should the said xye J. Burns not comply with the orders contained in this Ordinance relating to the removal or demolition of such building within ten,(10) days after service hereof, then the Board of Inspection of the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building to be removed or demolished without delay, and the e:~penses of such procedure shall be charged against the said Hue J. Burns record owner of said property, and shall thereupon become.'a valid and ,_ enferceabie personal obligation of said owner of such premises, and the said Board of Inspection shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building, and made a lien thereon. Section 9. This Ordinance shall taLce effect and be in force from and after its passage and approval. PASSED ACID APPROVED this the 19 day of , CITY OF LA PORTS • r~ ~~ By .. ~T • Ordinance No. Page 5. ATTEST: City Secretary APPROVED: • ._ City Attorney • • ~~ • • ORDINANCE N0. 1348 AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOT LA PORTS OUTLOT, OUTLOT 640, TOWN OF LA PORTS , HARRIS COUNTY, TEXAS TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDE:':IV~ED; FINDING THAT KENNETH W,'iSCHICR IS THE RECORD OWNER OF SAID PROPERTY; ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE FIRE CHIEF TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL OF SAID PREMISES BY THE CITY OF LA PORTS IF NOT REMOVED BY SAID OWNER; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, The City Council of the City of La Porte, passed and approved Sections 8-115 through 6-126 of the Code of Ordinances, City of La Porte, creating a Board of Inspection to be composed of the Building Inspector or his duly authorized representative, the Fire Chief or his duly authorized representative, and the Fire Marshal or his duly authorized representative; WHEREAS, such Code sections provide that, whenever it shall come to the attention of City Council that a nuisance exists, as defined in said Ordinance, such Board shall within twenty-four (24) hours of the receipt of such complaint make a thorough inspection of such alleged nuisance, and thereafter immediately make its report in writing as further provided in said ordinance; WHEREAS, it has heretofore come to the attention of City Council that the building located on Lot LaPorte Outlot, outlot 4640, 11535 West Main,- Harris County, Texas,has, for the reason of neglect or misuse has_ been allowed to deteriorate into a condition of decay or partial ruin and become a fire hazard, and is so situated as to endanger the • person and property of others; WHEREAS, City Council heretofore, to-wit: on September 1, 1982, ordered said Board of Inspection to make its thorough inspection of said building located on said property, and to thereafter make its report in writing, as provided in said Ordinance, of the circumstances and condition of the said building; • • • Ordinance No. 1348 Page 2. • t WHEREAS, said Board of Inspection has heretofore made and filed its written report, dated August 20, 1982, finding such said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered • notice to the record owner of said property, Kenneth W. schick whose address is 2323 Voss, suite 260, Houston, Texas that a hearing as provided in Section 5 of said Ordinance would be held at 604 G1est Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice of said hearing upon said o~,mer, by registered mail, return receipt requested, which return receipt indicates that said owner received said notice on November 4, 1982 a date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board of Inspection; WHEREAS, City Council, after due deliberation, and within • fifteen (15) days after the termination of the hearing, its required to make its decision in writing and enter its order; and WHEREAS, City Council entered its order on November 17, 1982 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: • Pa a 3. ` Ordinance No . 1348 ~ g Section 1. This Ordinance contains the findings and orders of the City Council of the City of La Porte, and its conclusions, based upon the evidence presented at said hearing. Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board of Inspection, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and • declares such building to be a nuisance, and orders such building condemned. Section 4. The City Council hereby finds, determines and declares that Kenneth W. Schick who resides at 2323 Voss, Houston, Texas, is the record owner of the property on which this building is situated, and that as such record owner, the said Kenneth W. schick has been duly and legally notified of these proceedings. Section S. The City Council hereby orders the said Kenneth W. schickto entirely remove or tear down such building, and further orders the said Kenneth W. schick to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete such removal or demolition of such • building within a reasonable time. Section 6. The City Council hereby orders the Fire Chief of the City of La Porte to cause a notice of the dangerous, insanitary condition of the building to be affixed in one or more conspicuous places on the exterior of the building, which notice or notices shall not be removed or defaced by any person, under penalty of law. Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner of said property, the said Kenneth W. Schick by registered mail, return receipt requested. • Ordinance No. 1348 Page 4. • • Section 8. Should the said Kenneth W. Schick not comply with the orders contained in this Ordinance relating to the removal or demolition of such building within. ten,(10) days after service hereof, then the Board of Inspection of the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the•said building to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said Kenneth W. Schick record owner of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said Board of Inspection shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building, and made a lien thereon. Section 9. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the day of 19 CITY OF LA PORTE r~ ~J By U • • • Ordinance No. Pa a 5. 1348_ g ATTEST: City Secretary APPROVED: • City Attorney • • • • ORDINANCE NO. 1000-0 AN ORDINANCE AMENDING ORDINANCE N0. 1000 OF THE CITY OF LA PORTE, TEXAS, DESIGNATING THE AREAS WHERE BEER FOR CONSUMPTION ON THE PREMISES MAY BE SOLD AND PROHIBITING THE SALE ELSEWHERE; PROVID- ING FOR HOURS OF OPENING AND CLOSING; PROVIDING SALE OF BEER FOR CONSUMPTION OFF PREMISES SHALL NOT BE AFFECTED; DEFINING SOURCE OF AUTHORITY; PROVIDING THAT NO LICENSE SHALL BE ISSUED EXCEPT FOR THE AREAS HEREIN DESIGNATED; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF . WHEREAS, the City of La Porte desires to regulate the closing • hours for the sale of beer by retailers selling beer for consump- tion on premises in accord with provisions of Vernon's Texas Codes Annotated, Section 109.32 of the~Alcoholic Beverage Code of the State of Texas. NO.V, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PO RTE: Section 1. In addition to the locations specified in Sec- tion 1 of Ordinance No. 1000, passed and approved by the City Commission of the City of La Porte on August 19, 1974, the sale of beer shall also be permitted during the hours set by the general laws of the State of Texas at the following location by a retailer selling beer for consumption on premises, to-wit: The property located at 2219 Underwood Road Bldg. B, La Porte, Harris County, Texas, known as the City Limit Barbeque, being more particularly described as a tract of land 100' x 147.97' out of Outlot 490 being 0.3396 acre plat recorded in Volume 1, page 33, Harris County Records and also in Volume 61, page 374 of the ~iarris County Deed Records . Section 2. The sale of beer at said location shall be per- • mitted only in connection with the sale of food. Section 3. Except and to the extent amended hereby, Ordi- nance No. 1000 shall remain in full force and effect. Section 4. 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 ~_ ~ • • • Ordinance No. 1000-0. 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 con- tents and posting thereof. Section 5. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 17th day of November, 1982. CITY OF LA PORTE • By Virginia Cline, Mayor ATTEST: City Secretary APPROVED : City Attorney t F.~ -_ ___ „~. DEXTER U. JOYNER - _ - • ATTORNEY AND COUNSELOR AT LAW 610 FIRST PAS~c~cx STATE BANK BL~ PASADENA. TEXAS 77502 PHONE 477-5900 • THE STATE OF TEXAS § COUNTY OF HARRIS § CONTRACT FOR COLLECTION OF DELINQUENT TAXES This contract is made and entered into by and between the CITY OF LA PORTE, TEXAS, acting herein by and through its gover- ning body, hereinafter styled "First Party" and DEXTER D. JOYNER, duly licensed by the Supreme Court of Texas, as an Attorney at Law, hereinafter styled "Second Party." W I T N E S S E T H • I. First Party hereby agrees to employ and does hereby employ Second Party to enforce by suit or other appropriate legal remedies, the collection of all delinquent taxes, penalty and interest owing to First Party. Current year taxes of all taxpayers falling delin- quent within the period of this contract shall become subject to its terms on the first day of July of each year. II. First Party and Second Party hereby agree that prior to the • filing of any suits for collection of delinquent taxes, both parties are to review the delinquent tax roll for any errors, double assess- ments or other discrepancies on said roll, the current Assessor- Collector to represent the First Party in such reviewing procedure. Second Party is to intervene on behalf of the First Party in all suits for taxes, hereafter filed by any taxing unit on property located within its jurisdictional limits. III. First Party hereby agrees to furnish the amount of delinquent • taxes to Second Party on all property within the taxing jurisdiction of First Party, along with a copy of First Party's delinquent tax ~~ • • ~ --__ _ roll. First Party hereby agrees to furnish forms for delinquent tax statements and compute penalty and interest on said statements before such statements are mailed to delinquent property owners. Second Party hereby agrees that each year, as soon as it is prac- ticable after July 1, to notify the tax office of First Party of the dates to have statements prepared to enable Second Party to file suits, said notice to be a minimum of Thirty (30) days. IV. Second Party hereby agrees to file suit on and reduce to judg- ment and sale all property located within First Party's taxing • jurisdiction with First Party to furnish the necessary data and information as to name, identity, location of all necessary par- ties, and legal description of the property to be sold, as re- flected by the tax records of First Party. When a title search is required, Second Party hereby agrees to supervise said title search, with costs to be reimbursed out of court costs. Second Party hereby agrees to sue for recovery of the costs as court costs as provided by Section 33.48 of the Texas Property Tax Code. V. Second Party hereby agrees to make progress reports to First Party on request, and to advise the First Party of all cases when • investigation reveals delinquent taxpayers to be financially unable to pay their delinquent taxes. VI. First Party hereby agrees to pay Second Party as compensation for services required hereunder Fifteen (15$) Percent of the amount collected of all delinquent taxes, penalty and interest of the years covered • by this contract, (or the legal percentage, if said percentage is changed by operation of law durin the term g of this contract), actually collected and paid to the Collector of Taxes -2- • during the term of this Contract, as and when collected. All compensation above provided for shall become the property of the Second Party at the time of payment of taxes, penalty and interest is made to the Tax Collector of First Party. First Party hereby agrees to pay over said funds monthly by check to Second Party. VII. Unless otherwise specified below, this contract shall be effective from November 15, 1982 through November 15, 1984, and where permitted by law, shall be extended automatically at each termination date for an additional one-year period, provided, however, the contract may be ended if written notice is given by • either party at least Thirty (30) da s rior to the next u comin Y P p g termination date. After termination, Second Party shall have an additional period of Nine (9) months, plus necessary time for any appeals, to complete collection of delinquent tax accounts pr- eviously certified. In consideration of the terms and compensa- tion herein stated, Second Party hereby accepts said employment and undertakes the performance of this contract as above written. VIII. This contract is executed on behalf of First Party by the -~ presiding officers of its governing body, who are authorized to execute this instrument by order heretofore passed and recorded in their minutes. • WITNESS the signature of all parties hereto, in duplicate originals, this the day of , 1982, at La Porte, Harris County, Texas. CITY OF LA PORTE, TEXAS . BY: Mayor G -3- IJ • • ATTEST: City Secretary • • li~:x'1'~'~ D.` ~TpYNER, TTO EY AT 610 Fi Pasadena Stat Ba k Building Pasadena, Texas 77 02 713/477-5900 4- ~ ~ The International Institute of Municipal Clerks • BOARD OF DIRECTORS-1952.1883 Thomas M. Redanauer, CMC President Borough Clerk, Municipal Bldg. Barrington, New Jersey 08007 Lyal! A. Schwarzkopj, CMC /st Vice President City Clerk, City Hall Minneapolis, Minnesota 55413 Iola S. Stone, CMC Ind Vice President City Clerk, City Hal! Elberton, Georgia 30633 Dorothy Soderblom, CMC 3rd Vice President City Clerk, City Hall Hays, Kansas 6760/ Ernest R. Lq(ond, CMC 4th Vice President City Clerk, City Hall Woonsceket, Rhode Island 01895 Helen Kawagce, CMC Sth Vice President City Clerk, City Hall Carson, Calj(ornia 90749 DIRECTORS-1983 Explratlon Walter L. Ferguson, CMC City Clerk, City Hall Srnttsb/y(f, Nebraska 69361 Charles W Gress, CMC City Clerk, City Hall Wyoming, Michigan 49509 Charlotte Luny CMC ciry clerk, cuy Haa no Beach, Florida 33060 ormo Sisrn, CMC Township Clerk, Mun. Bldg. Sparta, New Jersey 07871 DIRECTORS-1984 Explratlon Terry S. Tripp, CMC City Clerk, City Hal! Gonzales, Louisiana 70737 Glendene toucher City Clerk, City Hall Clinton, Oklahoma 73601 Charles R Treadwell, CMC City Clerk-Comptroller, City HaU Mequon, Wisrnnsin 53091 Bruce Lowrey, CMC City Clerk, City Ha!! Independence, Missouri 64030 Sharon L. Bennetts, CMC City Clerk, ciry Hart Golden, Colorado 80101 Gladys Blennerhassett, CMC City Clerk, City Hal! Haly'ax, Nova Smtia B3J 3A5 DIRECTORS-1985 Explratlon Edward Tomkie% CMC Town Clerk, Town Hall Manchester, Conn. 06041 Bettie Arthur, CMC Clerk of Commission Civic Centre Plaza Middletown, Ohia 45041 Margery Price, CMC City Clerk, City Ha!! Kennewick, Washington 99336 J. J. Pools, CMC rough Clerk, 150 Borough Dr. rborough, Ont. M/P4N7 ..• Charles N. Enes, CMC Immediate Past President Town Clerk, Town Hall South Windsor, Conn. 06074 160 N. ALTADENA DRIVE • PASADENA, CALIF. 91107 • PHONE (213) 795-6153 November 15, 1982 John J. Hunnewell, CAE Executive Director Lois Anderson Assistant Director The Honorable Il i rg i n i a C 1 i ne Mayor City of La Porte P-0. Box tll5 La Porte, Texas 77571 Dear Mayor Cline: On behalf of the International Institute of Municipal Clerks, it gives me great pleasure to announce that Betty T. Waters has been awarded the designation of Certified Municipal Clerk. This prestigious award recognizes the professional competency of Mrs, Waters in the execution of the most important office of City Secretary. It is granted only after a person has set high educational, experience, and service requirements estab- lished by the IIMC. This accomplishment attests to the quality and competency of the public officials serving your community. It indeed is a high honor and deserves the widest dissemination. We are pleased to have a person of Mrs. Waters' professional capabilities as a member of the International Institute of Municipal Clerks. Sincerely, Thomas M, edanauer, CMC President, IIMC TMR/s