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Home My WebLink About1984-01-11 Workshop Meetings MEMORANDUM CITY OF LA PORTE T0: Jack Owen, City Manager FROM: David Paulissen, Chief Building Official SUBJECT: Junk Vehicle Ordinance Implementation DATE: January 11, 1984 Junk vehicles are a major problem in La Porte. The recently passed junk car ordinance provides the procedure and authority to deal with this problem. Since the passage of the ordinance, Staff has been gearing up for implementation. Enclosed is a copy of the procedure developed from the ordinance. As with any municipal program, funding will determine the quantity and quality of enforcement. The cost figures seen below are based on several assumptions. The number of~junk vehicles in La Porte has been determined to be between 1000 to 1100 vehicles including the newly annexed municipal utility districts. To complete the project within a~one year period will require the processing of a minimum 25 junk vehicles per week. This is a very optimistic figure. ,The project should be completed within the year as the City's 'impound yard may be needed for sewer plant expansion within twelve to eighteen months. The processing of 25 cars per week will require considerable staff time. The time is conservatively estimated at 20 hours per week for a clerk and 20 hours per week for an inspector. The costs seen below are estimates as some of the costs have not yet been firmed up. Impound Yard 1. Paving of the 60' X 250' lot to allow for all weather acc ess 21 tons lime slurry (6%). $ 1,669.50 600 tons limestone (6") 6,912.00 $~5 ~ 2. Paving of 325 feet of South.Fourth Street to allow all weather access 13 tons lime slurry (6%) $ 1,033.50 338 tons limestone (6") 3,893.76 115 gallons MC30 112.70 520 gallons AC10 296.40 15 tons precoat rock 331.35 $ 5, 6- 67.7 ~ F • Junk Vehicle Ordinance Implementation Page 2 3. Repair of security lighting $ 500.00 4. Repair of security fencing 500.00 Wrecker Service 1. Moving vehicle from site to impound yard for 1100 vehicles @ $30.00/vehicle 33,000.00 1. One clerk at 20 hours per week 8,000.00 2. One inspector .at 20 hours per week 12,000.00 Personal Property 1. Storage of all impounded personal property @ $70.00/month for one year 840.00 Office Supplies 1. Forms, adhesive tape, etc. 500.00 Mailing Costs 1. Certified letters @ $1.55 per assuming 1100 vehicles 1,705.00 TOTAL COSTS INVOLVED $71,294.21 Current staff levels are not sufficient to enforce this ordinance, but this fiscal year could be finished with the addition of one additional employee of less than building inspector level. If there are any questions concerning this information, I will be more than happy to answer them at the City Council Workshop meeting this evening. Davi Paulissen Chief Building Official DP/llh ~ v ~iK VEHICLE ABATEMENT PROC~RE ~ A. Preliminary Investigation ~ 1. Complaint of junk vehicle is received and address and/or location noted. 2. Inspector notices violation in the field and notes address and/or location. B. Field Investigation - (Assume no contest. If contested see { procedure for administrative search warrant.) 1. Determine if vehicle meets the ordinance criterion of a ~ junk vehicle. 2. If the vehicle qualifies the license plate number is checked through the Police Department for owner, lien holder f (if any) and address. 3. The vehicle identification number (VIN) is recorded if possible. ~ 4. Vehicle is tagged with an adhesive violation notice. C. Owner Notification t 1. Notice to abate violation is mailed certified return receipt requested to owner, lien holder, and/or adjacent ~ property owner or occupant. 2. Ten day time period is noted from the date listed on the returned receipt. Note,. this time period is from receipt by ~ owner or from return of unclaimed letter. 3. Owner must then remove vehicle or request a hearing within the above ten day period. ~ 4. If a hearing is requested it shall be held before council or an official designated by council. a. The hearing can require immediate removal or repair to ~ a licensed operable condition. b. The city has vehicle removed. ~ D. Removal 1. The vehicle is removed by owner or released voluntarily for removal by the City. 2. The city removes vehicle to impoundment yard. a. Personal property, if any, is catalogued and removed ~ to property room. b. Locally licensed wreckers are used for removal of vehicles to the impoundment yard. Proposed rotation of ~ these wreckers would be the reverse of the Police Department rotation. 3. Personal property must be returned to its owner or auctioned. t 4. Vehicles may be auctioned anytime after 10 days from impoundment. t 5. The junk title or title cancellation must be filed for within 5 days from removal (Form ~ MVD71-5). E. File 1. Copies of all pertinent forms are filed and the case is ~ closed. * Auction to be coordinated through purchasing. s _ ..~' .. ` - ROUST®1\I • GALVEST®iV AREA COSJ~ICIL • •-` ,',• ~ ~ ~~~'~;r-•~~ Office of the Executive Director •~,~;: T0: Board of Directors ~.. ..~:.s' •.;;,y~•;j.,.,~.'•;•.~ .. _. . ~ ~~FROM: Jack Steel e - ~ ~,' ~~ ' ~ '.r~~:~- ~ - ~• ~ - ' SUB.I : PERSONAL REPORT ' . ... = ~ ~.~•~.:~~'~~'; : - • ~ ':.: . DATE: January 9, 1984 ~ '. ~ ';. ; :~.. •~~`::.':~.'- .. .~~..}a~: '. ~..••: •••, First, •I regret to report the death ~of..~•Irma Hooks, who died last Thursday ::::.:,.;;'- , : ~.;~ • ~ shortly after a car accident. ,Irma. was committed to H-GAC, and had done out-.~;;~,°i ~'~~''~ •, standing service this last year 'chairing our Airport Committee, whose first:~'~~`~~:•~-"': major report is to be acted on this month.:.~~The funeral will be at George H..~~:~~~~t~`-~~` ' 'Lewis and Sons on Berin Drive Tuesda at •1:30 ~~~'~`~' . ` .. 9 ~ Y p.m. Mayor Reid and I will.:;:~_~~+~;~.•:...~~ ,be attending, and appropriate flowers have been sent from the Board. ' ,::~'::~.ye:~=~~_.~'.~~;;,f•• • • ly'J/~~'•tt - Our January Board'~agenda has been kept intentionally brief, in order to~ allow ~ ~•`~~r'~:`~'=~..: .: ,.- • • ~' plenty of discussion time on the reliever .ai rport plan, and the Houston Area'. . ~`~~'~~~~ '• Divergence project. ~ The highlights include: ~ ~ .. - ~~~~-'~~-~ . _~ ;•~;. ' FINANCE: No problems; 1983 year-end preliminary numbers are i n, and present. 1•t~:'1..=_.-: ' no surprises .: ~ _ "`~,~~; . ~::~.., . .PROJECTS REVIEW: Will meet on ~~the 10th- due•~to the New Years holiday. "'•The~e~~ ;''r~:::~'~•. . are negative recommendations from the staff on a state family planning pro- ~ ~~s~~J._~.:.: ject, which appears to be off target, and a statewide migrant worker program ';~.~w:?.t,~:~a,.;h. .. ~ which has numerous technical difficulties. _ .~ .. , ~Y~{:,,.. _ • • - - ~,Y: - ~ TRANSPORTATION: The reliever airportplan is to you for action this month;~~~a .~``'~~':.;~a'~• '• brief is enclosed. A second public comment meeting will be held on January ~ :~-:;,..°:~':~s ~~ .10 at 3:00 p.m. Unresolved issues include: 'Lakeside Airport in west Harris ~•'•~ '~'~~~''~~'~ M1~! i'. 4'.. .. County--there i s strong sentiment both for and against, including a State ~•' '-`~f.;y :';..:' . ~•representative in the negati=ve• column; La Porte Municipal Airport--the City ~:•~-~•~,,~;~~~•'~•• • _ of La Porte wishes to be included on the reliever list; Baytown Ai rport--its =:~'~=~.~.:::.'• ' - '.. _ pri vate owners wish their , faci 1 i ty to be included as wel 1..'-' Leaving aside the ,'-,.;.~o;;s :'=~ • • individual facility pros and cons, I believe the Board should decide whether..•'~~~~~e„~•. .,, aj ~s.r.... . ' ~ it wants to include al'1 airports which ~mi ght seek reliever funds on our 1 i st, ' . ~,•.~;a.:.• : • or whether, as we do in several other areas, we ~should~put together a list _ ~:r'~.': '~' ~. which identifies this region's key needs and priorities and requests FAA~to '::~°:`~.~;`':•. ` ~ allocate funding accordingly. ~ The Ai rport Committee's work reflects the' pri- ~~~=~~wi,.~.~=•t :; • ority setting conce t an .~.~~~' :~..:,, :;.'~ ~,~: ~-.: ~~;.;:; .. ,:• ~'~k's~~ ~,,,.,3,:;n: P ~ d I~srecommend it. ,~. ~ ti{ru:~_:~~:~~~~,-:•M .~.:~:.~rti:=•,~,~~.,;~.. +~~"~'~~; ' ~'t`y:': '.U~ ~ j .: '- `. r.':. ~.--f• .i..' y~,y~ _ '+Fti~ ~%'. St~.o; V .P~•.~++. - . i~ ~,a ._. ~ ~.~.i:..u' e;- ~ .. .. :,~• ,~'+'~','~ : cam: ,:t,..~;... -~s•' .i~,y r-~':a•,a ". •.'..4: ~ ;S ~ ~'7 ;w :i ~ ..yt~:.:.-1 _,, -'' • ''~, One of the reli ever plan's findings i•s ~ a 'need ~'~for' more information-' i n the •~'~:~as«`~::"~=`: • - . , `.'''eastern sector of the region before designating a reliever airport. ~~We're ~:'~`=~'~ ~~:~~~: .• requesting that you approve a consulting contract ~ under $10,000 • to i nventory ., ,.~~:;~:•„ti ,; • present and future airport need and capacity, since these numbers are key- to .~__ .,. . ai rport development. A scope i s enclosed. We are also requesting approval to _ ~`~•- ~ ; solicit consulting services for an areawide transportation systems management ..::;i study (scope of work-enclosed); 'this work would identify those transportation ~•~ .~ corridors which are likely not to receive .major upgrading in the next few - years, but which can be improved through some low capital traffic engi-~ '' -• • veering. Once we get these corridors identified, we could fund, with con- ~ ' - currence of affected jurisdictions, individual studies similar to the one _.~ recently completed in the Bellaire/Bissonnett corridor of Houston. .' ~ '.~ P°Q° ~OOW LSC60 (! O .. ~°~LSU°N~ •,O O .,~; ~ ' '; PERSONAL REPORT ~. ~>. ~ .. ~~~.. - . .. ~ _ ..: ~ - .• . . ~'' Page 2 .. - ~., ~ •. ~ ~ •. • ~ ~ ~ . ~ ~ ; • ~'- ~"' PUBLIC SERVICES: After several .stops and. starts, we should have a recommenda- ." ~ - .' `~ tion on a service contractor for the• pilot program to divert .public inebri- '- ~ . ~~ , ates from jail in Houston. The police car equipment procure:aent is an annual• _ ~•~item, and coordinates with our police car purchase. ~~ .• . ' . ~': NATIONAL ASSOCIATION: Since the Federal Briefing is just around the^corner, ~. ~ ` ~•.•NARC has asked that we recommend their work priorities for next year, and the ~ ~-- :~'. 'officers wi 11 have suggestions; we•~ are also eligible to make a coupl a of. NARC ~ .. .. policy committee appointments,-~for~which President Reid will have nominations. ~.•.~ ~~INFORMATION: Several elected officials and I attended TARC's winter meeting, ' ;.::; ~• ~~ .and wi 11 .have a briefing for you. • You wil 1 also be interested i n the 19$4 ••.- Community Development Program, now administered by the State. ~ .' The. Annual Meeting is February 2nd, •and this is the last Board meeting for ' ' our current officer team. I know you join me in thanking Mayor Reid, Judge ~ -+. • '• Lindsay, and Councilman Cox for a year of strong and consistent leadership. I . believe H-GAC made outstanding progress in 1983 in developing amore relevant ~ •~~ '. ~ .and responsive service program, while also looking at longer range issues for .~ development of our region. The year was, fortunately, not marked by great .~ ~~ - ~~ controversy; I believe it will be remembered as a time we came into our own • ~ ~ ._ • in a variety of fields and assumed the leadership position we rightfully - deserve. ~• Thanks again to each one' of you for .your work in 1983; with your ~ • :.: continued leadership and support 1984 can be a year of even stronger contribu- f ~•. Hope you'll make plans now to get this new year started right through your. .~ - presence and participation on the 17th. _ .. •r .'~ .. ~ . ...• . .~ .~ Jack St.eel.e ..•... ... .~ . ~ ':,:.. r` ., c' BACKGROUND RELIEVER AIRPORT PLAN The Airport and Airway Improvement Act of 1982 set aside capital improvement funds for Reliever airports. The Federal Aviation Administration requested ii-GAC develop a plan to identify a system of airports in the region for Reliever designation. The Airport Advisory Committee was created to assist in this effort. Staff has completed an eight month Reliever study in conjunction with the Airport Advisory Committee. The following planning guidelines were established: , Reliever congestion at Primary airports Develop a system of relievers from existing airports Safe and convenient alternatives ._ Dynamic system Meet long-term regional needs PLAN HIGHLIGHTS * Reliever airports are characterized by their CAPACITY, PROXIMITY, SAFETY, ACTIVITY and SURVIVABILITY. * Two Phase Analysis * Phase One criteria: capacity and proximity 25 airports examined; 13 Reliever candidates selected * Phase Two criteria: safety, activity, survivability 13 candidates examined; 5 Reliever recommendations * Inherent disadvantages affect expansion and convenience * Reliever system is dynamic; number of Reliever airports could increase with demand for air transportation services/facilities CURRENT SITUATION 0 The draft Reliever Airport System Plan was reviewed and approved by the Airport Advisory Committee on December 13, 1983. A Public meeting was held on December 16, 1983 to receive citizen and agency comments. A summary of the committee's actions and public meeting comments were provided in the December meeting. Since the Board meeting of December 20, 1983, a second public meeting was held on January 10 to solicit additional citizen and agency comments. ITEPi 8a Page of 3 ' - ITEM 8a ~~ ~~ ~ ~` Page 2 o f 3 0 RECOMMENDATION , The Airport Advisory Committee and the staff recommend that five airports be recommended to FAA for Reliever designation. The reliever system airports are: Ellington Hooks Lakeside Null Montgomery County The Committee has also recommended that an Eastside Airport Study be conducted to identify a reliever airport candidate for East Harris County and the surrounding areas. ACTION REQUESTED Request the Board to adopt the Reliever Airport System Plan. • ~ ITEP1 as . ~~ " • • ~ Page 3 of 3 11ALQf! t0. ee®~ ~iT®Ot~RY COIIlTY ~ ~ .. POiIT&O~flT t0. ; ~A11 ~;CO~ ~ 110ERTY CO. ~~~ ®s 1 e s`~'o° ~ 1 ®.u.ac~s Q m ® 1 ~usTla co. ~ ~ ~ ~KARRls co. ® °~ ~ ~ YidTE~iCONTIiEf6TA1 ! ~ 1 ~-~-------o l` ~r r' o` ! ':OLOtAPO t~. s ~ ~® ~ ~~ s ~=osT tsa. co. ~° ~111H~. ~,~'~ ~ ~ ~ ~ ~ o ~o~~AP.TON f0.~ ~ ~ 6A19ES Op L0. ~~ ~ ~,AVr ; tss _~ i~AZCaIa to. ~ ~~ raTacoloA to. • ~ FIGURE 2s PROPOSED RELIEVER AIRPORT SYSTEM ~~ • _ ~ ITEF1 8b Page of 2 EAST SIDE RELIEVER AIRPOP,T STUDY Rar.Kr,Rnurun H-GAC's Airport Advisory Committee has recommended a detailed and refined examination be made of the need for reliever airports in eastern portion of the region. While evaluating the region reliever system, three factors affecting the east side arose: * Two airports on the east side currently designated by the FAA as Relievers, Baytown and LaPorte, were not recommended for Reliever status as part of the Plan. * Criteria established as part of the Reliever Airport System planning process, was specific to the H-GAC region and more demanding than FAA guidelines. * Minimal information was available on the impact of Ellington on the region's other general aviation airports. CURRENT SITUATION Staff proposes a three-step process for this study. First, an analysis of current and future general aviation demand and capacity would be conducted. Second, a needs assessment to determine if any airport expansion or construction is needed to handle the forecasted demand. Third, an analysis of the projected airport needs and a recommendation for meeting future general aviation needs in the east side. "~ Step one can best be performed by professional airport planning consultants. A preliminary Scope of Work for consultant services includes: * Update the existing .and forecasted general aviation demand figures for the east side. Determine demand for current year, 1990 and 2000. Include in this analysis the impact on the system of additional general aviation aircraft cur- rently based at Hobby and Intercontinental Airports. * Determine the demand capacity of the east side airports for the current year, 1990 and~2000. * Review and analyze forecasted capacity. The end product would be a determination of possible future excess demand in the system and where that excess.could be expected. . Steps Two and Three would be performed in-house based on the technical information generated through the consultants efforts. n ITEM 8b Page 2 of 2 The final East Side Reliever Airport Study product would be determination of future general aviation demand and capacity and recommendations on the most cost-effective way to improve the system to meet future demands. Reliever designation of an east side airport is one possible means of meeting future needs. ACTION REQUESTED It is requested that the Board authorize the Executive Director to negotiate a contract for professional services not to exceed $10,000. .' ~' • DEVELOPMENT O~F A FOR PRIORITY CORRIDOR STUDIES IN THE PURPOSE TSM PLAN ITEM 8c Page 1 of 1 HOUSTON-GALVESTON REGION The proposed project would develop a plan for the systematic application of Transportation System Management (TSM) techniques to major travel corridors in the H-GAC region. RarKr,RnuNn Since the 1960's, Transportation System Management measures have been used in the Houston-Galveston Area Council region to improve vehicular flow through low-cost improvements that increase the efficiency of existing roadways. Typical TSM actions include improvements such as coordinated signal timing among a series of intersections, traffic channelization, one-way streets, reversible traffic lanes, and parking and access controls. Last year, H-GAC sponsored a study of the Bellaire/Bissonnet corridor, one which traverses several communities. TSM recommendations were the primary products of that report. In order to identify those corridors which would benefit most from TSM applications, criteria should be developed to establish corridor travel defi- ciencies, potential TSM solutions and relative study priority. PRODUCTS The major products of the proposed study include: * Formal identification and inventory of major transportation corridors (Video=taped route profiles have been proposed) * Development of criteria to be applied to a corridor eligibility and priority process. * Identification of the "immediate priority" corridor(s). * Description of a planning process designed to coordinate an agenda of TSM studies to be administered by participating agencies such as the SDHPT, MTA, City governments and H-GAC. COST The cost of the proposed project is estimated at $40-45,000 funded with FFIWA Section 112 funds. ACTION REQUESTED Request authorization to submit a request for proposal to develop~a TSM Plan for priority corridors in the H-GAC region at a cost not to exceed $45,000. ~v /~ ~ ~ ~ l~' O ~~- /~- 1 of ~~ ~'c~-lam. ~ ~ li f' °'~=~) /' ~/ _ ~ -!-~~'c2- '9~ / ~~ ~ li f ~~'y~~%.c~!?~~ a 1~~7Q.u'(/Jr~~ r+/'® ~ ~ ~~t~v't/G,';T l!~._://JL"~ / ~ 1'~ J gyp/' ~ ~?.~. ~se?'~sj~,. °' ~i~-~R~=~C-% : `(' ~ s ' ~~ ~. -~ ~+ ~~~~ ,~~ A, '~ U i~ ~. .~. ~. AGENDA WORKSHOP MEETING OF THE LA PORTE CITY COUNCIL TO BE HELD JANUARY 11, 1984, IN THE COUNCIL CHAMBERS OF THE CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, BEGINNING AT 6:00 P.M. 1. CALL TO ORDER 2. SAMMY JACOBS - REGARDING "C" STREET AND DONALDSON STREET ~~- ~ 3. DISCUSS-RETAINING HUGH LANDRUM.AND ASSOCIATES AS CITY TAX ASSESSOR - B. Herrera 4. PRESENTATION BY FRED BUXTON & ASSOCIATES ON 5-YEAR MASTER PLAN FOR BEAUTIFICATION OF MAIN~STREET AND BROADWAY 5. REPORT BY~TURNER COLLIE & BRADEN ON SEWER SERVICE FOR COLLEGE VIEW MUD - J. Owen ~t-rS 6. DISCUSS ORDINANCE UPDATING SMOKE DETECTOR ORDINANCE- P. Hickenbottom ~~-(~ 7. DISCUSS UPDATING TAXICAB ORDINANCE - J. Owen ~~_ ~ 8. DISCUSS UPDATING TAXI RATE ORDINANCE - J. Owen ~' 9. DISCUSS TAXI PERMIT APPLICATION OF GARY WEBB - J. Owen 10 REPORT ON IMPLEMENTING JUNK CAR ORDINANCE - D. Paulissen ~~ 11. DISCUSS SETTING DATE FOR POSSIBLE RUN-OFF ELECTION - J. Owen • w_ PROPOSED CHANGES TO ORDINANCE 1093-A SECTION 4. Every dwelling unit within an existing condominium, duplex, townhouse complex, and every basement or cellar within such dwellings within the City of La Porte shall meet the require-~ ments of this Ordinance, as amended, within five years. The time shall begin November 1, 1977. CHANGE T0: SECTION 4. Responsibility for Monthly Testing, Repair or Replacement a. It is the responsibility of the tenant of an apartment house, condominium, duplex, townhouse, hotel, motel or boarding house to test, at least monthly, the smoke detector in the area which they have leased or rented, to insure proper operation. b. It is the responsibility of the owner or authorized repre- sentative of said units to test, at least monthly, the smoke de- tectors located in common hallways and common rooms, to insure proper operation. c. It is the responsibility of the owner or authorized repre- sentative of said units to immediately repair or replace any detector found to be defective. d. It is the responsibility of the owner or authorized repre- sentative of said units when a detector is found to be defective or missing in a vacant dwelling unit or guest room, to repair or replace said detector prior to the dwelling unit or guest room being reoccupied. e. It is the responsibility of the owner or authorized repre- sentative of said units, during the annual testing of the detec- tors, to remove all existing batteries installed in the battery operated detectors and reinstall new batteries in the detectors which meet the manufacturer's specifications. 'a e • ~: SECTION 5. Every dwelling unit within an existing apart- ment house, and every guest room in a hotel, motel, or boarding house, and every basement or cellar within such dwellings with- in the City of La Porte shall meet the requirements of this Ordinance, as amended, within five years, with a minimum of (20~) of the total number of dwelling units having smoke detec- tors installed each year. The time period shall begin November 1, 1977. CHANGE T0: SECTION 5. Existing Multi-Family Dwellings a. The owner or authorized representative of an existing condo- minium, duplex, townhouse, apartment house, hotel, motel or boarding house in an area annexed by the City of La Porte, must install smoke detectors as specified in Section 3 of this Ordi- nance, within one (1) year from the official annexation date. b. The owner or authorized representative of an existing condo- minium, duplex, townhouse, apartment house, hotel, motel or boardinghouse now situated within the City of La Porte, must install smoke detectors as specified in Section 3 of this Ordi- nance, within thirty (30) days from the official notification date. • • ~. SECTION 6. The owner or operator of each apartment house, boarding house, Hotel, motel and the o~,mer or operator of each dwelling unit in a duplex, condominium and townhouse situated within the City of La Porte shall, annually, not later•~than November 1 of each year file a sworn and notarized affidavit with the Fire Marshal of the City of La Porte certifying that each said smoke detector has been tested within the last sixty (60) days prior to the issuance of the affidavit and is in operable condition. CHANGE T0: SECTION 6. Notarized Affidavit and Annual Testing The owner or authorized representative of each apartment house, boarding house, hotel and motel situated within the City of La Porte shall, annually, not later than November 1 of each year, file a sworn and notarized affidavit with the Fire Marshal of the City of La Porte, certifying that they or their authorized representative have tested each smoke detector in- stalled to satisfy the requirements of this Ordinance, within the last sixty (60) days prior to the issuance of the affidavit and that it is in operable condition. The affidavit shall also include a list of room or apartment numbers and common hallways and common rooms and the date when each detector was tested. ~~ • ~. SECTION 7. Smoke detectors must be installed in existing one--family dwellings as specified herein when: Interior alterations, repairs, or additions are made re- quiring that a building permit be obtained from the Code Enforce- ment division. f'.uavr_F mn . SECTION 7. Existing Single-Family Dwellings The owner or authorized representative must install smoke detectors as specified in Section 3 of this Ordinance, in existing single-family dwellings situated within the City of La Porte, or areas annexed by the City of La Porte, when: Interior alterations, repair or additions are made requiring that a building permit be obtained from the Code Enforcement division. Q • • ORDI\:\\'C F. ~~. 1093 :\ . AN ORDI\T;\\'CE AMENDING TffE 1079 EDITIOV OF"TFIE ST:\,~'D?-RD BUILDING CODE, OR CURRENTLY ENFORCCD BUILDI\'G CODE, AS A`•tENDED, .\\D :\LSO KN01YN AS THE BUILDING CODC OF TF[E CITY OF LA PORTS; BY AME\DI~;(; SECTION 1127, FIRE DETECTION SYSTEMS, REQUIRI\'(; AND REGUL:\TING SMOKE DETECTORS; PROVIDING A SE\'ER:IBILITY CLt1USE; PRO\'IDI\'G THAT ANY PERSON ~VIOLr\TING. TIC TERMS OF TItIS ORDINANCE SFI:ILL BE DEEMED GUILTY OF A DIISDE~iE:\NOR AND UPON CONVICTIO,~' SFIALL BE FINED IV ANY SU;•1-NOT AtORE TFIAN TlYO F{UNDRED DOLLARS (5200.00) ; CO~,'TAI`'INC A REPEALING CLAUSE; FINDING COMPLIANCE iYITfI TF[.E OPEN ~1EETI\G LAtY; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTS: SECTION 1. Section 1127 of the Standard Building Code, . 1979 Edition, or currently enforced building code, ..heretofore adopted by the City Commission of the City of La Porte, be, and _ the same is hereby amended to read as follows, to-wit: - "Section 1127. FIRE DETECTION SYSTEMS. Every newly constructed dwelling and every newly constructed dwelling unit within an apartment house, condominium, duplex, townhouse, and every guest room in a hotel, motel, or boarding house, and every basement or cellar within such dwellings shall be proti•ided with an Underwriters Laboratories Incorporated rated or Factory Ivlutual approved smoke detector, which may be either 120-volt A.C, or battery operated. Care shall be exercised to insure that the installation • of all smoke detectors herein required will not interfere with the operating characteristics of the detector. _ Audibility of the alarm. Z~Vhen activated, all.the detectors herein required shall provide an audible alarm recognizable as such when sleeping room(s) door(s) is completely closed." SECTION 2. FINAL APPRO~:aL 1. Final approval for all smoke detector location(s) herein required for all ne~a and existing construction shall be ':the responsibility of the Fire Marshal or his duly authorized representative. 2. Final approval and inspection for all smoke detector installation(s) herein required for all ne~a and existing construction shall be the responsibility of the chief building inspector or his duly authorized representative. SECTION 3. LOCATION OF SMOKE DETECTORS Unless otherwise specified herein, a smoke detector s}iall be mounted on the ceiling or wall in the hall ray(s) giving access to the room(s) used for sleeping purposes. The detector Q • shall be located prior to or across from the entrance to the . first room inside sai.i halltiti,zv(s) . If the detector is mounted on the gall, the complete tiriit shall not be located lo~rer than twelve (1') inches From the ceiling. •~ 1. Dwelling(s) or Quest room(s) without interior hallways. In dtirelling(s) or guest room(s) tirithout interior .>~allway(s) giving access;to~a sleeping room(s),~the detector shall be centrally located on the ceiling of the main room. Exception: Where main rooms have a cathedral-type ceiling, the ~: detector shall be placed on an individual basis to insure the placement will not interfere with the proper operation or periodic testing. 2. Two- story or studio-type dwellings. Two-story or studio-type d~rellings where sleeping rooms are on an, upper level, the detector shall be placed in the center of the ceiling directly at the top of the stairtray landing. 3. ~•iulti-level sleeping rooms. Where sleeping rooms are located on two or more levels, two or more detectors shall be required and shall be placed in the locations herein designated. 4. Enclosed common hallways. In hotels, motels, and boarding houses where guest rooms open into a common enclosed hallway(s) or in apartments, condominiums or townhouses where dwelling entrancetrays open into enclosed common hallway(s) , smoke detector(s) shall be placed in said hallway(s) on the . ceilings at distances that will insure the audibility of the alarm to, the occupants. j~lhere common rooms are shared in }~otels, motels, boarding houses, apartments, condominiums, or townhouses, a smoke detector shall be centrally located on the ceiling in such room(s) . , SECTION 4. Every duelling unit within an existing condominium, duplex, townhouse complex, and every basement or cellar within such dwellings within the City of La Porte shall ••meet the requirements of this Ordinance, as amended, within five years. The time shall begin November 1, 1977. SECTION S. Every dwelling unit within an existing apartment house, and every guest room in a hotel, motel, or boarding house,•and every basement or cellar within such dwellings within the City of La Porte shall meet the requirements of this Ordinance, as amended, wit}tin five years, with a minimum of (20~) of the total •numbcr of dwelling units having smoke detectors installed each year. Tlie time period shill begin November 1, 1977. ~~ _ '- OI:DI\:~`CE NC~(;93 ~~ P:1Gc 3 SECTION 6. T11e o~•:ner or operator of each apart:.tent house, boarding house, hotel, motel, and the owner or operator. of each dwelling unit in a•duplex, condominium. and toy+nhouse situated within the City of La Porte shall, annually, not later than November 1 of each year file a sworn and notorized affidavit with. the Fire Marshal of the City of LaPorte certifying that each said smoke detector has been tested within the last sixty (60) days prior to the issuance of the affidavit and is i~n operable condition. SECTION 7. Smoke detectors must be installed in existing one-family dwellings as specified herein when: Interior alterations, repairs, or additions are made requiring that a building permit be obtained from t_he code enforcement division. SECTION 3. If any section, paragraph, subdivision, clause, phrase, or provision of this Ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part or portion thereof, other than the portion so decided to be invalid or unconstitutional. SECTION 9. In addition to and cumlative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this Ordinance. SECTION 10. Ordinance No. 1039 is repealed as of the effective date hereof. SECTION 11. Any person as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of this- Ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two ' Hundred Dollars ($200.00). Each violation and each day the violation continues shall constitute separate and individual offenses and shall be punishable accordingly. • SECTION 1Z. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Clerk shall give notice of the passage of this Ordinance by causing the caption hereof 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 Ordinance. (a ..Gc • ~ __ SECSEC-T__ l.i. The Cit`• Comr.;ission officiall~• finds, Bete: - mines, recites anti declares that a sufficient written notice of the date, ho~ir, place and subject of this meeting of the City Commission was posted at a place con~~enient to the public at the City Hall of the City for the time required by la~.~ preceding this meeting, as rec~tiired by the Open Jleetings Lat:, Article 6?S~-1~7., Texas Revised Civil' Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Commission further ratifies, approves and confirms such written notice and the contents and postinv thereof. PASSED A~'D APPROVED, this the~~day of March, 1980. . CITY OF LA PORTS BY J.J. hIEZA, NtAYOR ATTEST: City Clerk APPROVED: City Attorney ~) ~,y .: • :.. 3~'l AN 0?DIi?AI•ICE LEFIr?I.tG A °TAXIC~.B"; DEFIiII:s •T+W •-y'~?i alb-YICAB BIJSIi ASS"; REGULATII;x '1:1E TA,~ICAB 3USI:IESS Id '1'i':,~• CITY OF LA POitT E; :W UIRIidu ALL PLRSOidS, FIP.:~iS 3Pi:: COP.POR:~IIGiS BEFORE . C~JiD~CTI'i•1r A T:.XICriB 3USII<ESS IIV SAID CITY TO GBAIiJ FRJi~: THE CITY CO:~II~ISSIO?•; A PERI~iIT ^1HEP~EFOR; PROVIDii`.:- 'i'h'E •IODE AID TdAN?~IER OF OBTAIidI:Is SUCH PART-IITS; P?ESCRI3ITIG TIi:~ COT•~~ETdTS OF SUCH P~i11•iI`rS; REQUIRI!~:i: EAC:-i PE:-~YIITTEE TO PAY IN ADV'TdCE C RTAIPd FLJN OR Ti.E USE OI? THE STREET:; AND TrW A:dOUIdT `~::E~.•0."; -1E- QUI I:dC: EACrI P^ri~I`1'TEE TO FILE A STA•TET•ILT3T ;I^tH Ti`~• CITY CLERK SHU':'ITvG ^1:~"i~, idUii~'` O VEHICLES PnOPOSED TO B E OPEr~ ~TEU ~ HT~I UIdpER SUCH PE: i~iI'T, `^OGE^1'r~r'~ ?~IITH '.Try i" E, T•iCTOR i1UiiBER, ST::TE LICEIdS E I`iUi~i ER r`i: L i~:ODEL OF EA(~.ci; PP~OHIBI`i'IIvG THE HOLDER OF A SUEP~idIT FRG:d OPER.9•i Iid; ANY TAXI CAB TJOT G'.~Z•?ED BY HI:•i; .RE~%'JIR- IIJG EAtu-i PERT~II^1TE'E TOG~~Y PUBLIC LIABILI`1v AG_ITSi IidJURV TO PEi?SOIdS ATdD ?P~OP~P.TY ATvTD P.EZUIRIriG SUCH POLICIES Or^ I:~•:SU~zAIdCE TO ~L r'IL~D •lIT H T=:~ CITY CLERK; iAiC23IG Ai~1Y VIOLAi Iivld Or^. •`l iiIS OP.DI:,?AidC E A i~iISDEi•~AIdOR AiV'i7 PRESCRI:~Id:r PENALTIES Ti-~::~FOR, ~: , BE TT ORDAITIED B~_ Tim CITY COT•ilIISSi:,'~Ti OF T=W CITY OF LA POR^1E: Section 1. By the term "taxi cab" as used in ti~is orc?in~.r~ce is :neant~ any and all vehicles cs.rr~;in~ passengers for Izire, es- cent Motor buses or motor coa~_Zes operated by bus lines o tier c~e- si~nated routes in .^nr.. throu:_~z said City. Section 2. Tlie tern "coi:d;zct ~ t~xic~~.b Business" as ~ased in this ordins~.nce shall :;e held to :~ew~l the use of one or more taxi- Caps i:'ithlri t'rie corporate lir~.its of the Cit;;r of La Porte, b;.- she C ~`. ~ owner thereof, f oi' tl~e purpose of ca.rryin~ _rassen_°ers for Hire, ~,. ,, either b~J driving t::e same hi;~self or ha.vir_~ the same dri wn :y some other t~ersori, pro .~1ded that this definition small not apply to any licensed chauffeur hired as a driver bf any person, firm or corpor~~.tion holdin a Hermit to co uct a taxicab business in the City of La Porte. Section 3. Before any person, firm or corporation s^x11 con- duct a taxicab business in the Cit;r if La Porte he shill file with the City Cleric a.n a-~plic~•.tion to the Com~~ission of said City for a ~~er~it to conduct suc;il i~usi:iess in said City; t~ze ~:nnlica.tion sr?.11 state the name a r_C~. address of such applic~:.nt, r:hether the applicant is' an indiviciu~:.l, firm or corpo;~:%io:z, a.nc_ if a firm, the n~ 3e ~~.nc~ address of each mem~er Thereof ;-.nc tl~e numoer of vehicles vz•oeosed to '~e o~ea~ated un%er su~z •:?ernit. e. ;•.4 ~ ~~ ~ ~'~ ~. ~; ..._.~ C.. Section 1-~. If t:ze wnplicart is ~•.n indiviGu,:.l, Uefore any perm.~_t is granted, it .sha.ll be made to ~•.:~ ~e=r th~..t ile is a bona z"ide resident of the City of Lz Porte; if a rartners in, then that tiie member of the firm ~,*ho will be in active ch~.r~e and control oz' the aff~Lirs of the partnership, is a bona fide resident of said City; and if a corporation, that the president, or other executive officer, in active c:is•.rge and control of file affairs of the ccorr_oration is a bona fide inhabitant or resident of tze _~ City of La Porte. Section 5. It shall be the duty of the City Cler:, :~rhen an applic~_tion for a ~oermit is filed w•-ith him, s.t time ne::t re•~ula.r meeting of the City Commmission folio*.~-in~ t'r_e filin; of such a~oplic~tion to cs.ll the ~:ttention of the Com:~lissioners thereto; and upon considei~?.tion oz' suer a~onlicrtion, the City Cor:~aission rsay `rs.nt or refuse such Lermit, as in its discretion m~:;l seey ~o tree bes ~ i:zterrs ~ oz one ci ~izenszip of t~ze Ci ~y of ~a r anc~ the public in gerer~^.1. Section o. All ~er.-~i~s for the induct of a tG~:icab business in the City of Ls. Porte sh~.ll ::•e issued G.n~~ si=;ned by the City Cleric of said City and sealed T~~ith tre seal of his office; it shall be dated on tn.e day oz" its issuance; shall 'Dear a serial number; shall show the name a.nd address of tine permittee; and that the permittee has been authorized b: the City Commission of the CituT of La Porte, to conduct a taxicab ousiness ir: saia City until the expiration of the 31st day of Deceml~r next follot~r- in~ the date of issuance; and th.:.t said permit is subject to can- cellation at any tiMe ~~r the City Com~:iission. Section_ 7. At the ti~:~e shall ~~~.y to the City Cleri; ~7 (;;!? S `L'_)Dollzrs for eac;: L~~ Porte fora tt~:el~*e month of issuance of a uermit, ,ie permittee tine sum of~ ~....~.,,~-J~"_ ,~, ;: ~ti/i ~-~ y z ta;cic.: b to be oner.,.ted in ti:e Cit:r of ?period ending Dece:i~er 31st; provided try=.t, if s~?ch ~~ei°mi.t is ~ran~od ~'or less t:~an ti:e i"~_ill ;dear, t e permittee sr.«ll n~.y to she Cit~• an amount prorated according to ~ ~ ~ r C; the nwnoer of months for „rhich the permit is issued. Each per- mittee shall. file -•~ith the City Clerk ~: sty tement in Z~rritinT under oath si^ned 'a~~ izi:n, showing the make, model, motor numoer ana state license nwr.aer •of each taxicab. If at any tine tine holder of a ta.xic~~.b permit shall clesire to use any a.dditiollal vehicles under t'_ne Hermit he may do so only after he has made ^..~plication to tiny City Commission for a permit to opers.te suc:~ adciitions.l vehicles and has had his evplic~.tion for such nerlait ~^ranted,and he shall furnish to t'r_e City Cler't tr_e same infor:~at ion re~ardin~ 1 `~ such additionr.l vehicles as is required in ~.:is sec ~~on a;wi c~~n_; • / those covered qs- the ori:Mizial nernlit, ~...ria sila~l z~ay to the Cit,* Cleric t'rle fee ~•.s he='y='in provided. Section 7a. r,ac~l ope~~~.tor of a taxics.b buss^w ss holain~ ~:. ~er- :nit shall nls•:-•:e and rile s.n affidavit or_ the_tenh da,~ o~;:~e~ch month. st•~.ting under' os~.th the r;ross receipts received ciu'rin~ the areceedin{ month fro:<< the one_°ation of eac:^_ su~:~~ ta.xic~: u. nt the exr~irs.tion of fire 31st da~T of Decemcer next follo:~-in~=~ t11e date o~' issua.nce of e~ci1 _Jer~lit, all sack affidavits Trill be ., ... reviec~red anc. ~n.n ad~us~_ment trill ~:e rage o; s.n.~ bets=een the ~~.~y and file Ope"s'c^:.tOr Of SuCsl taxica'p SO thc•.% SuCi1 •Op2rc.~O1' Silc^:11 ?J2.y to the Cit~r c. tot~:.l suln, including, the aeriit fee required ~y Section 7, equal to tF~*o (2~) ae?~ cent of the gross receipts fro^1 ~: •'--- the operation of his ta~;ic~.us ir. t'r~e Cit,-~ of Lz. Porte for the veriod for ?•riZich said ?er mit t•;as gr~..nted. Section 8. The holder oz^ any ~erirlt to conduct a te.xicab business in file City of La Porte shall ~..t x.11 ti:.^.es C~.u_~^i:::".; the li_ e of 3uc:i1 ~,,^er:llit =.ee~ each ~:nc~ every veh icle oper•.ted ~,y hip ~- under iris permit insured in a c~::~~s.ny atty. orizec_ to ~_•_o ~.:usi;zess in Te:~=as, iru.e:nnif~Ti;i-• t e usrr~ittee in tine sul~.- of •_:1,000.00 ..~ • ~. ~ for i l.,iury or c.e~.th o~' nrOJert~ cia,ls.~;e resultin ~ fro :i any accir~.ent, tilrou:_•ii 11C:_ ;.-~~ rc :son of the oper~~.tion of h ~s tc:iiCi~• JS~ c`.'ril1 oL1Ch 1~OliCi~~S Ol' CP.rtifiC ~tCu Oi i+;iu~^.S11C:? Si2c..11 '_e c^.~?rOt'eU 'J,~,T t ~. the City ^ttorrey of s~.ic: Cits~, ar,:: ~'i iea ~.nn lei:'t :~rit h the City G3 • ~,. ,•1 , .. ~ Clerr~ of tree City of La Porte. Sz.id policies o~' insure.nce shall not ~oe ca.ncell~:d~ or sup°rendered, eYC2~t upon *.:~itten notice to the Cit;a Cleri; of s~:ic~ Cit.r of La Porte. Failure of ~~.ny per- mittee to procure ~.n:;.. file file volicies of i nsur~..nce ~:s re:!uirsd 'oy this section shall immedi~ tely =orf eit s.na i~~iie nul? anc~ t: oid such r~erriit s.nc. sill ?°i~hts thereunder si1G.11 at once ces.se. Section Everr holder of a per:ait rs•.nted un•~er tine ter~as of this or~.ine.nce shall .n^ve nc,. kee?~ jai-~z~kzr ~s-t,-z,~3.e~, 11- contrastir.~ ;~*itr. color o~:' ve~~icle, or_„ea.-eh-~~'~-~-e o e~•.ci: r.n ~ e~rzrT• y t'" ~~ vei-:icle used 'a~ hi:~ as a ta~:ic^b, the ,•rorcis: "i2xi---?er:~it `. Ido. ", fillip`; tr.e hle.•1't ~~-ith the~i~;ures oenotitl-; the serial nu.~her Of iris "er::it. Tr_e letters ~:nc~ figures s~_all he not less ti1~n five inches ir. ":ei~h t. Section l0. It Li_e.l i.e~~eafte~~ e unl~*~ful for c:21y r82'so:1, firm or cornorati,.,t1 ilolc~in-• a ~:erMit to cor_c:uct a tasic~~b uusiness in the Cit-* of La Forte, Lo -~er:::_t ~:ny _~erson ~*i.o does riot hold a.. v~.lia" ver pit fro:7 t .e Ci t;r of L~. Porte, e. s c to„ic., 42'i :'8T•, t0 C1riV:? Or O?~e='^ to Ur, t:12 '1Ll'J11C streets Of ti=° vi:,,± O'er Lc. row"'te ary taxic~:~o o-:~ned or used in connection :~rith t're u~zsir~ ss of ;,ale C'• pe~~~ittee. Section 11. Every holiier of r nermii; to eonc.uct ~. ta:cic: U business in file Cit;;r of Lo. Porte , sh~.ll h=..~; a ec. d. G.Y?fi e verb taxi- es:Q uses. in his husiress ins?~ected once e~^...ci^ :~or~ti~, ;:.nd s,_~.:1= file zrith tine City Cl2r_•i on or 'oefoi~e file first c~a;;r of eaciz ~~.n~, every month, e. sty tement in ti'rritin si fined by a co;::uetent resic~e:~t mecil~.nic shotrin;.; that he has instiecteci such ~,ehicle, the de,te oz' sucr_ ins.,~ction, the license nur::"i~r of such vehicle or rehi Iles, the rs-~e o_ t_1e ~2r.;~ittee an~_ t e serial nwn i]Lr o~ h ~s ~erri~it, s.n4 ti:r.t t:_e li .-hts, 'or.~._.es ~: c_ steori:,:, ar. r" ~ 17_ acil ~, vehiclos so insr~ect2d ;;fir iii^i ~:.re 1:1 ;ood ::^..ech~.r~.ca]. c•~nciiti.~n. Secti ~n l:'. r1r.;j rei'..iit i~~_eci u:1~.er __e " :,o--;~i':ns o= t is O'_"C_in•: nC:? :~.•.t1c•.il .. ''. non~:ssi~;nc.ule , ~ I::.1 .''.:c'.;.' „° rPt'O:f,'C:. by t~1e Vi l`.y C ~ ~ .',, ,/ Commission at any ti:.e it siia.ll a~.;~ee.r to saic~ Cormiission that the ~er?r.ittee h~.s viol~.ted 2.n~a ?provision of thiG oi~~.in~.nce o.' failed to co:..~ly~ -:-it~Z any re~,uire:~ents hereof . Section 13. It s~.^11- hereafter be urla.~:ft~l for ~::n~~ c~;~iver of any taxicc.b to ca~ive or cruise aaout on t:e streets of the City o~' Ls. Porte see~~in~ passen;ers, t.•ho have not t~zeretofore ordered or caller. for s. ta::ics.b. Section lit. It shs.ll ::e unls.~ti~ful for t'~e holder of rn~ ~errrit issued un_er the ter^~s o~' t~.is orc_inance, o" t:ie went, serv~:nt or ~: ~ emnlo~:ee of such ner*~ittee, to _:.z.r?: or leave standin: ar_~~ t:=..::ic~.b on the streets of the Cit ~ of Ls. Porte exce~ot ~rnile lo~dir.~; c.nc:~ un- loadin~ vGsser._•ers into anc. from such taxicab. Section 1~. It sl:~.ll hereafter be unls:•vful i'or any person concuctir.?• G taxicv:o ousi Hess in ti2e Citzr oz' La. Porte %o L:se or o~er2te, or cause to ~~ ~.~ser. or operated, ass t._.xic c, any vehicle not o-~~ned icy hire. Sectican 1~. iile ;••orc. "~~erson" ~~.nc. G.11 -:.e~~son~.l pronouns urea herein shs.li ber~e? c to ,~.:~~ly to s.r_a include rartners~=ids, fi~~:~s s.nd. r~rvor~:.tions, as -••ell ~~s inci.i:Ticz;a~_ls. C~~~ Section 17. Phis or~.i::~.nce shsll not zr~;ly to ~asser.~er :Dosses ober?tin~* uncYer the ~~e~~ul_;.tions of the Rc.ilrc~.e Cor~raission of Texas, anc~ coin,, in~o or rGssin~}~ tilrou~;h t~_e City of La Porte for the purpose o="' loe.din;; s:nc_ unloaaiiiti ~assen~_;ers. Section 18. Any person vr'no .sh=.11 conduct a taxicab business in the Citz% of La Porte , :-lthout a v~:lid ,~er~iit 2.s red aired ~y this orainan ~, or :•rho sip=.11 f~^:..i 1 to i:s.ve all ve~~icles used :;y hire ~.s ~. t~_::i c~.'o let terec ~~nc~ _:;aintea ~:~.s _~;a~oviu.eo. ir. Sec t -.:on 9 her_~of, or ?•:ho sh~.l'1 -,use or er^.rloy ~:.s a ~.r~. per of ::._~~* t~.:;ic~.a ~. o.:ned 'oy hi:~, . arty person :•:ho ~_oes not ::=.ve ~..vo.liu -~:t~l'.1it I'ro::, t:1e Cit;- o_' LG. Ponta to strive a t~;;.ic o, o~~ ~it~i~r Lei°son :rho :az•~cs L ~ - or s1;= nc~s ~, t~~w;ic::.u on t:;e stree ~s c~' :;il ;;i ~~~ of L~- Port, e::cent ~5 .~"~ ,- . • ~rhen loaain;_ or unloading-; p~~.ssen-;ers, or a_n~,- pereon t-;ho vi.ol~.tes a.ny provision of .this ordinance, shall b' ~~;uilty of a misdemeanor and upon conviction be punished b°r a fine or not more t s.n One Hundred (1,100.00) dollars, and es.cr~ day of such viol~~.tion shall constitute a senara.te: o~fense. Section 19. All ordinances :r parts of ordin=.nces in co:~flict are hereby repealed.. . Section 20. If any section, or any Hart o~ any section of this ordinance s::all be held inv=~lia for ~:ny reason, such invalidity C.. ~ of any section Y~ereof, or any ?part of ary section hereof, shall not affect the validity of the rer~a.inin; sections or portions of sections of this ordinance. This ordin~~.rce shall t~:ice effect ~r_ci be in force fro: ~:ni:_ s.fter final nassa~e z.n~ le~;a.l nublics.tion as re:~uired. by the Cr_~..r~er of the Cit~r o~' La. Porte, ^1e:cas. PpSSLD ~1:~tiL :zPP~OV~D ti11s the oL D f day of _ A. ~.19~0 . A ~Lsz ~ ~,, . ' ~ ~~Xi ~ City erk .;~ :io fo,. ~G3.. y o~La Porte. ~/ ~~~ ~; ~o ORDINANCE NO. 1151 0 AN ORDINANCE. PRESCRIBING RATES FOR LA PORTE TAXI COMPANY; CONTAINING A SAVINGS CLAUSE AND A REPEALING CLAUSE; PP.O~.IIDING THAT ANY PERSON VIOLATING THE TERMS .OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL RE FITTED IN AD?Y SUM NOT MORE THAN T[~~O HUNDRED DOLLARS (5200.00) AND EACH DAY OF VIOLATION SHALL BE DEEMED A SEPARATE OFFENSE; AND PROVInING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED AY THE CITY COMP'IISSION OF THE CITY OF LA PORTE: Section 1. La Porte Taxi Company is authorized to charge the following rates for its services; Destination Base Rate Additional Persons Local $ 1.50 Morgan's Point 3.00 OVER Lomax 3,00 Shoreacres 3.00 FOUR Deer Park 6.50 Seabrook 6.50 PASSENGERS Kemah C 7,50 Tunnel 3.00 ONE Baytown 7.00 Pasadena 10.00 AND Houston (Downtown) 25.00 Galveston 25.00 ONE-HALF Airport (Intercon'tl) 30.00 Texas City 20.00 TIMES Galena Park 15.00 Green's Bavou 12.00 BASE Jacinto City_ 12.00 Channelview 15.00 RATE NASA 10.00 Webster 10.00 South Hauston 15.00 Destinations not listed will be figured by DRIVER according to mileage, and stops, and waiting time, if any. City stops 25~ no waiting (3 minutes) Out of town 50~ no waiting (3 minutes) C Waiting time $8.00 per hour. Driving time (long trips) $15.00 per hour. Section 2. The City Commission of the City of La Porte has approved the above rates .for La Porte Taxi Company, upon its application. This rate schedule shall be prominently displayed in each taxi cab. :Section 3. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof . ( ~~ L.J Ordinance No. 1151 Paae 2 Section 4. All ordinances or parts of ordinances in conflict ( herewith are hereby repealed. Section 5. Any person, firm, corporation, association, partnership, trustee, or any agent, servant or employee thereof who shall violate any provision of this ordinance, shall be deemed guilty of a mis- demeanor and upon conviction shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). Each day any violation of this ordinance shall continue shall constitute a separate offense. Section 6. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Clerk shall give notice of the passage of this ordinance by causing the caption C hereof 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 ordinance. Section 7. This ordinance repeals Ordinance No. 903, passed and approved on the 15th day o.f November, 1971. PASSED AND APPROVED, this the 18TH day of APRIL 1979. ~' ATTEST: 0 l/~~~l~i~.1 •.~G;rC~ City perk APPROVED: City Attorney CITY OF LA PORTE ">> J. J. Meza, Ma or D ~- • • MEMORANDUM January 5, 1983 TO: Mayor and City Council FROM: Jack Owen SUBJECT: Date for Possible Run-Off Election As you are aware, run-off elections must be held not less than 21 nor more than 30 days after the regular elec- tion. As the City General Election will be held April 7, 1984, April 28 would be the earliest date for a run-off. This date would conflict with Sylvan Beach Day, and might have some bearing on the number of votes cast that day. May 5, 1984, would be a suitable day and would fall within the time frame allowed. My recommendation for a run-off date would be May 5, but of course the final decisio ~i"s~~;up to City Council. :f ~-~ ~ack Owen JO/cb ~~ II T0. Jack Owen FROM: Robert T~ Herrera Date: 1-5-84 II City Manager REQUEST FOR CITY COUNCIL AGEiJDA ITEM 2. X Report Resolution 1. Agenda Date Requested:__1-11-84 Ordinance 3. Pro ect Summary: As of January 1g84, the Harris County Appraisal ~istrict will assume responsibility for appraising all taxable property within the City.. In our Industrial District HCAD will be responsible to provide the City only with the values of the annexed and taxable portion of each industry. 4. Action Required: Approve contract with Hugh Landrum and Associates, whereby Hugh Landrum is appointed Tax Assessor for the City with the responsibility of seeing that HCAD properly assesses property within the City and its Industrial Districts as well as ascer- taining that the~Industrial District contracts are property handled. 5. Alternative: Reject Staff Recommendation. 6. Recommendation: Staff. recommends the hiring of Hugh Landrum and the appointment ;of same as the City's Tax Assessor with responsibilit for the 'l'ax Assessory functions of the City and the overseeing of Industrial~District~Contracts. The proposed agreement would cover the calendar years 184.,: lg$5,•.arid 1986. The fee for this service is tb be $32,000.00 per year. 7. Exhibits: See Contract . s,Availability of Funds: X General Fund Capital Improvmt. Other Account Number: 001-600-603-507 Water/Wastewater General Revenue Sharing Funds Available: X Yes No ~~ ~~~ ~ o erg 'T' :~fei~T'EYr' P.ecruested By 9.Ap ov d for City Counci 1 Age •a ~. ~ c;ty anager Gate STATE OF TEXAS X COUNTY OF HARRIS X KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the Mayor and City Council of the City of La Porte, Texas, are concerned that properties within the Industrial District of the City and having Industrial District Contracts, continue to be taxed and to make "in-lieu of taxes" payments in accordance with their current contracts; and ,;. WHEREAS, beginning in 1984, the Harris County Appraisal District will assume responsibility for appraising all taxable property within these Industrial Districts, but will be responsible to provide the City of La Porte only the values of the annexed and taxable portion of each industry, the unannexed portion being subject to "in-lieu of taxes" payments under contract and outside the jurisdiction of the Harris County Appraisal District where the City of La Porte is concerned, and WHEREAS, the firm of Hugh L. Landrum & Associates, Inc. has proposed to the City of La Porte, Texas, that a Contract be entered into between that firm and the City of La Porte, said Contract to appoint Hugh L. Landrum, President of Hugh L. Landrum & Associates, Inc., as Tax Assessor for the City of La Porte with responsibility for the tax assessing functions of the City as well as ascertaining that the Industrial District Contracts are properly handled. The tax assessing function would require working with the Harris County Appraisal District to obtain an accurate listing of all taxable properties within the City; working with the City Administrators to meet deadlines and establish proposed tax rates; get tax roll and tax statements prepared; and other functions as required of a Tax Assessor. Concerning the Industrial District Contracts, he will be responsible to see that the annexed portions of the Industrial Districts are properly assessed using the Harris County Appraisal District values and that the unannexed portions be appraised by his firm and the "in-lieu of taxes" payments be calculated and billed in accordance with the individual Industrial District Contracts. The proposed Contract between the City of La Porte and Hugh L. Landrum & Associates, Inc. would cover the calendar years 1984, 1985, and 1986. The fee for these services to be THIRTY-TWO THOUSAND DOLLARS ($32,000.00) per year for each of the calendar years 1984, 1985, and 1986, and WHEREAS, the Mayor and City Council for the City of La Porte, Texas, find that the firm of Hugh L. Landrum & Associates, Inc. has performed the services called -1- • * ~ for in prior contracts in a completely satisfactory manner, and having adequately demonstrated their skills and expertise in the matter of making appraisals and handling Industrial District Contracts, and the firm's President, Hugh L. Landrum is completely familiar with the taxable property in the City of La P'~grte and the Industrial District Contracts, and is certified by the State of Texas, as Tax Assessor under a Contract with his firm; now IT IS THEREFORE AGREED by and between the City of La Porte, Texas, acting herein by its duly authorized Mayor and City Council, FIRST PARTY, and the firm of Hugh L. Landrum & Associates, Inc. of Houston, Harris County, Texas, SECOND PARTY, as follows: SECOND PARTY AGREES: That Hugh L. Landrum will assume the duties of Tax Assessor for the City of La Porte with responsibilities as follows: _ 1. Work with the Harris County Appraisal District to apprise them of the area of each industrial plant that is annexed by the City of La Porte, and, therefore, subject to their assessment and a City ad valorem tax. This will apply to newly annexed areas~of the City as well. 2. See that he and/or his firm appraises the unannexed portion of each industry that has an Industrial District Contract with the City and prepare the billing for "in-lieu of taxes" payment for each. 3. Obtain a listing from the Harris County Appraisal District of all taxable property in the City, review the property as possible for accuracy and equity, and report to the City Administration and Council the findings. 4. Make a report to the City Administrators of the estimated tax assessment and "in-lieu of taxes" values, assist them in preparing an effective tax rate, and assist as necessary in establishing an actual tax rate to provide the necessary funds for the City. 5. Work with the City on any new Industrial District Contracts and in • re-negotiating the present Contracts prior to their expirations in 1986. 6. Work with the City Administration, the Mayor, and the City Council to promote the welfare of the City in connection with ad valorem taxes and with Industrial management of .the area. FOR AND IN CONSIDERATION of the skilled services, technical knowledge, and experience of SECOND PARTY in the performance of the duties and obligations of Tax Assessor, the appraisal of those portions of industries subject to an "in-lieu of taxes" payment, and the information and assistance given to the City of La Porte, Texas, FIRST PARTY agrees and obligates itself to compensate SECOND PARTY by payment to SECOND PARTY the sum of THIRTY-TWO THOUSAND DOLLARS ($32,000.00) for each of the calendar years 1984, 1985, and 1986, equal payments to be made quarterly upon -2- • • the submission of a statement by SECOND PARTY to the City. The City shall furnish all materials and supplies for this work that are to remain the property of the City of La Porte, Texas. s THE EXECUTION OF THIS CONTRACT is authorized by proper resolution duly adopted by the Mayor and City Council of the City of La Porte, Texas, and . entered upon the Minutes of such Council. u EXECUTED IN SEVERAL DUPLICATE ORIGINALS by order of the Mayor and City Council of the City of La Porte, Texas, on this day of ,1983. CITY OF LA PORTE, TEXAS BY CHECKED: CITY ATTORNEY ATTEST: CITY CLERK HUGH L. LANDRUM & ASSOCIA $., INC. ~* BY ~ /. . HUGH L. LANDRUM, PRESIDENT -,3 - T0: FROM: PAUL R. HICKENBOTTOM Date: 11-10-83 City Manager FIRE MARSHAL REQUEST FOR CITY COUNCIL AGENDA ITEM 2. Report Resolution 1. Agenda Date Requested: 12-1 4-83 x Ordinance 3. Project Summary: UPDATE SMOKE DETECTOR ORDINANCE #1093-A 4. Action Required: 5. Alternative: 6. Recommendation: 7. Exhibits: REVIEW AND APPROVAL BY COUNCIL LEAVE ORDINANCE P,S ADOPTED APPROVAL BY COUNCIL BACK-UP MATERIAL 8,Availability of Funds: General Fund Water/Wastewater Capital Improvmt. General Revenue Sharing Other Account Number: Funds Available: Yes No ~ _ .. ~ i. ~ ~ ,A 9,Approved for City Council Agenda City Manager Date ~3 ~~ FIRE PREVENTION • .~ ; CITY OF LA PORTE INTER-OFFICE MEMORANDUM June 29, 1983 T0: Jack~Owen, City Manager FROM: Paul Hickenbottom, Fire Marshal . David Paulissen, Building Official , SUBJECT: Smoke Detector Ordinance This memo is in regards to Ordinance X1093-A (Smoke Detectors). We would like to submit the following information and proposed ordinance revisions for your review and consideration. The City Council adopted Ordinance X1093 on September 13, 1977, and on March 19, 1980 the Ordinance was revised to its present format. This Ordinance is being jointly enforced by the Fire Marshal's office and the Code Enforcement Division. This Ordinance has also been credited with saving several lives since it was .adopted in 1977. This Ordinance, as in the'case of many other Ordinances after they have been enforced for several years, is, in our opinion, in need of some revisions because of the following: The Ordinance in its present format: . 1. Does not clearly define who is responsible for the testing, maintenance or replacement of smoke detectors installed to satisfy the requirements of this Ordinance. Areas of respon- sibility have been an unwritten policy in the past, and have created some problems in regards to the enforcement of this '= Ordinance. . 2. Does not take into account any area that the City of La Porte may annex in the future which may have existing dwellings or dwelling units which would come under the guidelines of this ' Ordinance. 3. Has sections implementation of the no longer enforceable 4. Requires a b of affidavit does not the detectors. which have present time tables for the original Ordinance. These time tables are because the time has expired. lanket-type notarized affidavit. This type give an accurate account of the testing of • ~, Jack Owen June 29, 1983 Page 2 Therefore, it is our belief that the following proposed revisions to Sections 4, 5, 6 and 7 will bring the Ordinance up to date by removing the unenforceable sections, clarifying areas~of responsi- bilities and preparing the Ordinance for enforcement in areas proposed to be annexed in the future. u ~. PROPOSED CHANGES TO ORDINANCE 1093-A SECTION 4. Every dwelling unit within an existing condominium, duplex, townhouse complex, and every basement or cellar within such dwellings within the City of La Porte shall meet the require- ments of this Ordinance, as amended, within five years. The time shall begin November 1, 1977. CHANGE T0: SECTION 4. Responsibility for Monthly Testing, Repair or Replacement a. It is the responsibility of the tenant of an apartment house, condominium, duplex, townhouse, hotel, motel or boarding house to test, at least monthly, the smoke detector in the area which they have leased or rented, to insure proper operation. b. It is the responsibility of the owner or authorized repre- sentative of said units to test, at least monthly, the smoke~de- tectors located in common hallways and common rooms, to insure proper operation. c. ~ It is the responsibility of the owner or authorized repre- sentative of said units to immediately repair or replace any detector found to be defective. d. It is the responsibility of the owner or authorized repre- sentative of said units when a detector is found to be defective or missing in a vacant dwelling unit or guest room, to repair or replace said detector prior to the dwelling unit or guest room being reoccupied. e. It is the responsibility of the owner or authorized repre- sentative of said units, during the annual testing of the detec- tors, to remove all existing batteries installed in the battery operated detectors and reinstall new batteries in the detectors which meet the manufacturer's specifications. ~6 • •~ SECTION 5. Every dwelling unit within an existing apart- ment ouse, and every guest room in a hotel, motel, or boarding house, and every basement or cellar within such dwellings with- in the City of La Porte shall meet the requirements of this Ordinance, as amended, within five years, with a minimum of (20%) of the total number of dwelling units having smoke detec- tors installed each year. The time period shall begin November 1, 1977. CHANGE T0: SECTION 5. Existing Multi-Family Dwellings a. The owner or authorized representative of an existing condo- minium, duplex, ,townhouse, apartment house, hotel, motel or boarding house in an area annexed by the City of La Porte, must install smoke detectors as specified in Section 3 of this Ordi- nance, within one (1) year from the official annexation date. b. The owner or authorized representative of an existing condo- minium, duplex, townhouse, apartment house, hotel, motel or boarding 'house now situated within the City of La Porte, must install smoke detectors as specified in Section 3 of this Ordi- nance, within thirty (30) days from the official notification date. ~; SECTION 6. The owner or operator of-each apartment house, boarding ouse, Hotel, motel and the owner or operator of each dwelling unit in a duplex, condominium and townhouse situated within the City of La Porte shall, annually, not later•~than November 1 of each year file a sworn and notarized affidavit with the Fire Marshal of the City of La Porte certifying that each said smoke detector has been tested within the last sixty (60) days prior to the issuance of the affidavit and is in operable condition. CHANGE T0: SECTION 6. Notarized Affidavit and Annual Testing The owner or authorized representative of each apartment house, boarding house, hotel and motel situated within the City of La Porte shall, annually, not later than November 1 of each year, file a sworn and notarized affidavit with the Fire Marshal of the City of La Porte, certifying that they or their authorized representative have tested each smoke detector in- stalled to satisfy the requirements of this Ordinance, within the last sixty (60) days prior to the issuance of the affidavit and that it is in operable condition. The affidavit shall also include a list of room or apartment numbers and common hallways and common rooms and the date when each detector was tested. ~ t SECTION 7. Smoke detectors must be installed in existing one--family dwellings as specified herein when: Interior alterations, repairs, or additions are made re- quiring that a building permit be obtained from the Code Enforce- ment division. CHANGE T0: SECTION 7. Existing Single-Family Dwellings The owner or authorized representative must install smoke detectors as specified in Section 3 of this Ordinance, in existing single-family dwellings situated within the City of La Porte, or areas annexed by the City of La Porte, when: Interior alterations, repair or additions are made requiring that a building permit be obtained from the Code Enforcement division. .,, 'r .. ORDINt\\'C F: \0. 1093 :\ AN ORDIN,\~'CE A'~IE\DING TIME 1979 EDITION OF"THE STr1NDaRD BUILDING CODE, OR CURRENTLY ENFORCED QUILDING CODE, AS A`tENDED, A\D .a LSO KNO(VN AS THE BUILDING CODE OF TEiE CITY OF LA PORTS; BY A.~1E\DIN'G SECTION 1127, FIRE DETECTION SYSTEMS, REQUIRi~'r, AND REGUL.aTING SMOKE DETECTORS; PROVIDING A SE\'ERABILITY CLf1USE; PRO\'IDIL'G THAT ANY PERSON VIOLATIN(; THE TER~(S OF T!{IS ORDINANCE SEIALL BE DE~~IED GUILTY OF A D9ISDE~tE:\NOR AND UPON CONVICTION SEiALL BE FINED Iv ANY SUi•1 NOT AIORE TEIAN T{VO HUNDRED DOLLARS ($200.00) ; CONT:\I~'ING A REPEALING CLAUSE; FINDING C0~[PLIANCE IVITH TEI~ OPEN MEETING LA(V; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY C0~1~IISSION OF THE CITY OF LA PORTS: SECTION 1. Section 1127 of the Standard Building Code, . 1979 Edition, or currently enforced building code,..heretofore adopted by the City Commission of the City of La Porte, be, and . the same is hereby amended to read as follows, to-wit: "Section 1127. FIRE DETECTION SYSTEMS. Every newly constructed dwelling and every newly constructed dwelling unit within an apartment house, condominium, duplex, townhouse, and every guest room in a hotel, motel, or boarding house, and every basement or cellar within such dwellings shall be pro~•ided with an Underwriters Laboratories Incorporated rated or Factory Ivlutual approved smoke detector, which may be either 120-volt A.C. or battery operated. Care shall be exercised to insure that the installation of all smoke detectors herein required will not interfere with the operating characteristics of the detector. Audibility of the alarm. ~'Vhen activated, all the detectors herein required shall provide an audible alarm recognizable as such when sleeping room(s) door(s) is completely closed." SECTION 2. FINAL APPROVAL 1. Final approval for all smoke detector location(s)• herein required for all new and existing construction shall be ':the responsibility of the Fire iviarshal or his duly authorized representative. 2. Final approval and inspection for all smoke detector installation(s) herein required for all ne~a and existing construction shall be the responsibility of the chief building inspector or his duly authorized representative. SECTION 3. LOCATION OF SMOKE DETECTORS Unless otherwise specified herein, a smoke detector shall be mounted on the ceiling or wall in the hallway(s) giving access to the room(s) used for sleeping purposes. The detector ~. .~P. CROI\~';C:. \0 1~n3 .1, P:1GE _ • ~--- ' ~ shall be located prior to or across from the entrance to the • first room inside said hall~~a~•(s). if the detector is mounted . on the wall, the complete u~iit shall not be located lower than twelt-e (1~) inches from the ceiling. -• 1. Dwelling(s) or guest room(s) without interior hallti~ays. In dwelling(s) or guest room(s) without interior :hallway (s) giving access to a sleeping room(s),~the detector shall be ' centrall}• located on the ceiling of the main room. Exception: ~ ~ ~ • 1Vhere main rooms have a cathedral-type ceiling, the ~; detector shall be placed on an individual basis to insure the placement twill not interfere with the proper operation or periodic testing. 2. Tao- story or studio-type dwellings. Two-story or studio-type dwellings where sleeping rooms are on an. upper level, the detector shall be placed in the center of the ceiling directly at the top of the stairway landing. 3. Afulti-level sleeping rooms. Where sleeping rooms are located on two or more levels, two or more detectors shall be required and shall be placed in the locations herein designated. 4. Enclosed common hallways. In hotels, motels, and boarding houses where guest rooms open into a common enclosed hallway(s) or in apartments, condominiums or townhouses where dwelling entranceways open into enclosed common hallway(s), smoke detector(s) shall be •p laced in said hallway(s) on the ceilings at distances that will insure the audibility of the alarm to. the occupants. Where common rooms are shared in hotels, motels, boarding houses, apartments, condominiums, or townhouses, a smoke detector shall be centrally located on the ceiling in such room (s) . SECTION 4. Every diuelling unit within an existing condominium, duplex, townhouse complex, and every basement or cellar within such dwellings within the City of La Porte shall --meet the requirements of this Ordinance, as amended, within five years. The time shall begin November 1, 1977. SECTION 5. Every dwelling unit within an existing apartment house, and every guest room in a hotel, motel, or boarding house, and every basement or cellar within such dwellings within the City of La Porte shall meet the requirements of this Ordinance, as amended, within five years, with a minimum of (20~) of the total 'n umber of dwelling units having smoke detectors installed each year. Tlie time period shall begin November 1, 1977. ~ 4 s ORDIN:~NCE N G93 :. P:,~~E 3 SECTION 6. Tile o:•:ner or operator of each apartment house, boarding house, hotel, motel, and the owner. or operator of each dwelling unit in a duplex, condominium. and to:vnhouse situated within the City of La Porte shall, annually, not later than November 1 of each year file a sworn and notorized affidavit with the Fire Marshal of the City of LaPorte certifying that each said smoke detector has been tested within the last sixty (60) days prior to the issuance of the affidavit and is i~n operable condition. . SECTION 7. Smoke detectors must be installed in existing one-family dwellings as specified herein when: Interior alterations, repairs, or additions are made requiring that a building permit be obtained from the code enforcement division. SECTION 3. If any section, paragraph, subdivision, clause, phrase, or provision of this Ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part or portion thereof, other than the portion so decided to be invalid or unconstitutional. SECTION 9. In addition to and cumlative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this Ordinance. SECTION 10. Ordinance No. 1039 is repealed as of the effective date hereof. SECTION 11. Any person as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of this' Ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed T:vo ` Hundred Dollars (200.00). Each violation and each day the violation continues shall constitute separate anal individual offenses and shall be punishable accordingly. SECTION 12. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Clerk shall give notice of the passage of this Ordinance by causing the caption hereof 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 Ordinance. 9; .~, • r SECTION 13. The Cits• Cor~r^ission officiall~• finds, deter- mines, recites and declares that a sufficient written notice of the date, ho~ir, place and subject of this meeting of the City Commission was posted at a place con~•enient to the public at the City Hall of the City for the time required by lata preceding this meeting, as req~iired by the Open bteetings Lai:, Article 6?52-17, Te:cas Revised Civil' Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Commission further ratifies, approves and confirms such written notice and the contents and posting thereof. PASSED ADD APPROVED, this the~Lday of March, 1980. CITY OF LA PORTS BY J.J. NfEZA, MAYOR ATTEST: City Clerk APPROVED: City Attorney '~,,. ,~ ., j ,1 .~:.,~ ~: r ~~..~ ~~, SC l• LJ 39'7 AN ORDI1v4TdCE DEFIIdI~TG A "TAXICAB"; DEFINING Tr~i' TERr$ °T1~xTCAB BUSIiv~SS'°; REGULATIPdG '1I{E TAXICAB ;3USIdESS IId ~l'r~ CITY OF LA PORTS; RE~I,UIRINu ALL PERSONS, FIRP•4S APd~ COF,PORATIOIv'S BEFORE CUidDUCTiNG A TnXICrli3 BUSIIvTESS IN SAID CITY TO OB'?AIN FROi~ ^1HE CITY CO:~~~ISSIOI~d A PERMIT THEF,EFOR; PROVIDIidG Th'E r~20DE AI`s idANNER OF OBTAITdIT•dG SUCH PERT~IITS; PRESCRIBING THE CO1dTENTS OF SUCH PERDiITS; REQUIRI1dG EACEi PE:RI~lITTEE TO PAY IN ADV_-^.NCE C.ER^lAIN FEES FOR THE USE OF THE STREETS; AND Ti ^ AMOUI~iT '"iIE~:EOF; Rr,- QUIRING EACH PEI't•:iITTLE TO F ILE A STATEP•~NT I~IITH ^lI-~ CITY OLERK SHO;''ING ^1 HE NUidi~?~ OF VEHICLES PROPOSED TO BE OPER.~TED ~ HTNI UNDER SUCH PER"r~1I T , TOGETHER t^TI?'H `THE MAKE, 1'dOTOR NUPdBER, STr1TE LICETdSE NU2~IBER AT•L I%i0i7EL OF EACEi; PROHIBITING THE HOLDER OF A PERidI l^ FRGi~1 OPERATING AIW TAXI CAB NOT O'rdldED t3Y HIt~; REO,UIR- ING EACH PERI~ffTTE~ TO CARRY PUBLIC LIABILITY AG-^_IPdST IIdJURY TO PERSONS AND PROPERTY AND REQUIRIiQG SUCH POLICIES OF IidSURATdCE TO BE FILED i,rI~'H T:.•. CITY CLERK; i$AKING ANY VIOLATIOId OF THIS ORDINANCE A I~fISDEi~'ANOR AND PRESCRIBING PENALTIES THEF.EFOR, BE IT ORDAINED BY TIC CITY COMI~~IISSIOPd OF THE CITY Or' L_4 PORTS: Section 1. By the term "taxi cab" as used in this ordin2.r~ce is meant any and all vehicles carrying passengers for dire, ex- cept motor buses or motor coaches operated by bus lines otter de- signated routes in anc. throur;h said City. Section 2. The term "conduct a taxicab business" as used in this ordinance shall 'oe held to mean the use of one or more taxi- cabs within the corporate limits of the City of La Porte, b;.r the o~,mer thereof, for the ?~urnose of carrying passengers for hire, eitn.er by driving the same himself or having the same dri wn uy some other person, proti~lded that this definition shall not apply to any licensed chauffeur hired as a driver 'ray any person, firm or corporation holding a permit to coi~duct a taxicab i~usiness in the City of La Porte. Section 3. Before any person, firm or corporation shall con- duct a taxicab business in the City if La Porte he shall file with the City C1erli r,n apvlic~~.tion to the Commission of said City for a ver~i.t to conduct such business in said City; the anplica.tion shall st~.te the name and address of such applicant, whether the applicant is an individual, firm or corporation, anc if a firm, the n~..me anc~ address of each member thereof anr'_ the number of vehicles proposed to bee operated under such permit. • ,~ ~`~ ~•. :~~ /~ ;:_/ C.... Secti~ori' 4~. If the applicant is an individual, before any permit is granted, it shall be made to a~~pe~r that he is a bona z"ide resident of the City of La Porte; if a ~artners'rip, then that the member of the firm i~*ho will be in active che.rge and control of the affairs of the .partnership, is a bona fide resident of said City; and if a corpor~.tion, that the president, or other executive officer, in active charge and control of tine affairs of the ccorroration is a bona fide inhabitant or resident of the City of La Porte. Section 5. It shall be the duty of the City Cleric, tv*hen an applic~~tion for a Hermit is filed t•Tith him, at the next regular meeting of the City Commission folloTf:7in' the filing of such ap?~lic~.tion to call the attention of the Com1;~issioners thereto; and upon consideration of sucr~ application, tiie City Commission may grant or refuse such Hermit, as in its discretion mzy seem to the best interest of the citizenship of the City of La Porte, ancti the public in general. Section 6. All permits for the conduct of a taxicab business in the City of La Porte shz.ll be issued a.nd signed by the City Clerk of said City and sealed ?~~ith the seal of his office; it shall 'oe dated on th.e day of its issuance; shall bear a serial Humber; shall show the name a.nd address of the permittee; and that the ;permittee has been authorized b;y the City Commission of tine City of La Porte, to conduct a taxicab 'ousiness in said City until the expiration o=" the 31st day of December next follow- ing the date of issuance; and that said permit is subject to can- cellation at any time by the City Commission. Section ~. At the time of issuance of a permit, the permittee shall pay to the City Cleric tre sum of~ <<,.c ~' '~~~~'s.~ - ~' (~~,~~ S__)Dollars for each taxicab to be oner~~.ted in the City of La Porte for a ttirelve month period ending Decem'er 31st; provided thzt, if such permit is granted 1'or less tr~an the full year, the permittee shall pay to she City an amount prorated according to i C~ ~'~ 1 • ~~ C~ the nwnoer of months for whicz the permit is issued. Each per- mittee shall file t~*it:n the City Clerk a sta tement in writing under oath sines by him, showinr the make, model, motor number and state license nwnber of each taxicab. If at any time the holder of a taxicab permit shall desire to use any additional vehicles under the Hermit ile may do so only after he has made a_~plication to the City Commission for a permit to operate such additional vehicles a:nd has had his application for such hermit granted, and he shall furnish to the City Clerk the same information regarding such additional vehicles as is required in this section reardin~; those covered b~- the on ;final permit, and sil~.il nay to the City Clerk the fee c.s herein provided. Section 7a. Each operator of a taxi cz.b business holdint; a per- mit shall make and file 2n affidavit on the tenth d~.v oz~ each month stating under oath the ;rocs receipts received during the vreceedin month from the ope=^ation of eacn_ suc~ taxicab. At the expiration of the 31st day of December next follorin;~ the date of issuance of each permit, all such affidavits trill be reviet~ed anc'i a.n adjustment trill be made by and between the City (~, ~ `; and the operator of su ciZ taxicab so that such •operator sh~?11 -~a.y to the City a, tot~~l surn, includinb the permit fee required by ~^Section 7, equal to tti,*o (2~) aer cent of the gross ~~eceipts from the operation of his takicabs in the City of La Porte for the period for ti:~hich said permit was ~;ra.nted. Section 8. The holder of any permit to conduct a taxicab business in the City of La Porte shall at all times du~rin; the life of such permit keep each and every vehicle operated by him under his Hermit insured in a ocrnpany autzorized to c_o business c~1 in Teas, indernnif yinr; the perrnittee in the s wn of ~;1, 000.00 for injury or death or property damage resultin;: s'rom any accident, through an:~t ur reason of the operation of his tzxica'os; s.nd such policies or certificates of insura..nce shall to approved by the City Attorney of said City, and filed and lei't w*ith the City ~j J ~~ ~~ J i 4• ~,: Clerk of the City of La Porte. Sz.id policies o= insurance shall not be cancelled or surrendered, exee~t upon ?:*ritten notice to the City Clerlt of s~:ic~ Cit~r of La Porte. Failure of cny per- mittee to procure c.n:i file the policies of insurance as repaired 'oy this section shall immediately forfeit a.nd make nul, and void such Hermit and rll rights thereunder shall at once cease. Section Ever;' holder of a permit gr~•.nte~,d~~~unc°er the terms of this ordinance shall h~_ve and kee ~~~ ~"" ., ~ ~- - - ~-e~fl--Le3:e~, ~~f~ contrasting, t•.ith colo~° of vehicle, or_~~^ c3:'.- of ec==. c1_ .=:.r~:~~ every veY~icle used ~a- him as a taxicab, the ti~,ords: "Taxi---Permit No . ~' , fillip`; the als.nlt t~.*ith the f inures denoting, the serial number of his permit. The letters and figures srlall be not less than rive inches in riein~Zt. erection 10. It shall he~~eafter 'ae unla4~rful for any rerson, firm or corporation holdin; a permit to conduct a tzxic~_'o busi Hess in the City of La Porte, to :permit any person rho does not hold 2. va.liCi. nerilit fro.;1 the City of La Porte, as a taxicab dri•,rer•, to drive or operate on the public streets of the City o~~ La. Porte ar~y taxic~~b o~~med or used in connection ~:*ith the L~usirn ss of tze permittee. Section 11. Every holder of a permit to con~.uct 2. taxicr~.b business in the City of La. Porte, shall hs.ve ea cry and every- taxi- es:o uses. in his business inspected once each? month, and shall file ~~;ith the City Clerl•L on or before the first da~T of each s•.nd every month, a. statement in ~~riting signed by a competent resident mechanic shot~in~ that he has inspected such te:nicle, the date of such inspection, the license number of such vehicle or ~*ehicles, the name of the permittee and t11e serial Humber of hi.s permit, a.nci t:ns.t t:•~e lights, 'or~:.kes ~:nd steerirr~; appar~~.tus of all such vehicles so inspected by him are in good r~echs.rical condition. Section 12. Any pei~mit issued un:~.er the ~~rovisior_s of this ordin=:nce sizall ~; a nonassigns:ule , and racy be revoked by the City ,. ~`~~ ~_~ /, ~~, ' Commission at any titre it shall a;pear to saki Commission tn.at the permittee hws violated any provision of thiG ordin~..nce or failed to co::pl~• ?:'ith any requirements hereof. Section 13. It shall hereafter be unla.::rful for 4.ny driver of any taxicab to drive or cruise about on the streets of the City of La Porte see~~ing passengers, U*ho have not theretoz"ore ordered or called. for a tazica.b. Section 11~. It shs.ll :.~e un1a4V~ful for the holaer of any permit issued under the terms of this ordinance, or the agent, se?~vG.nt~or employee of such permittee, to ~a.rlt or leave standing any tr.xica.b on the streets of the City of La. Porte except vrhile loa.din • anca un- loading passengers into and from such taxicab. Section 1 It shall hereafter be unla:rful f'or any person conducting a taxica:e 'ousiness in the City of La Porte to use or overate, or cause to i~ used. or ooerated, as a taxicab, any vehicle not o?~me d by him. Section ln. ^1 he yrord "~oerson" and. all personal pronouns used herein shall 'rye held to s.~~ply to and include ~artnershi?~s, firms Cam, ` s.nd corporations, as d:rell as individuals. Section 17. This ordinance shall not a~rly to passenger pusses operatin~• under the res,ul~~.tions of the Re.ilraad Commission of Texas, anti corning into or gassing through the City of La Porte for the purpose of loadin` ancc unloading passengers. Section 18. Any person who sh=.11 conduct a taxicab business in the City of La Porte,~~ithout a vslid Hermit as required by this ordinan ~, or v~rho shs.ll fail to have all ve~iicles used by him as a trxi ca.b lettered and painted _,s grovid.ed in Sect ion 9 •~ hereof, or ti~ho shall use or employ as a driver of anyT taxic~.b ~. ~ oYti-ned by him, any person who does not have ava:lid i~ermit from the Cit- of La Porte to drive a taxicab, or any person ti~*ho ~aarlss or st~ncs ~, taxic~.b on the streets of the City of Lc Port, extent ,._.. ~~ ~, ,/ tirhen loadin~~• or unloading; pa.ssen~ ers, or any person ti,rho violates any provision of this ordinance, shall be ~•;uilty of a misdemeanor and uz~on conviction be punished b: a fine o'" not more than One Hundred (x;100.00) Dollars , and eacr~ day of such viols=.tion shall constitute a separate offense. Section 19. All ordinances :r parts of ordinances in conflict are hereby repealed. Section 20. If any section, or any Hart of any section of this ordinance sr:all be held inv~:.lid for zany reason, such invalidity C_.) of a.ny section Y~ereof, or any Hart of any section hereof , shall not affect the validity of tie rema.inin~; sections or portions of sections of this ordinance. This or~in~:nce shall t~:lte effect ar_cl be in force fro: anG after final nassa~e an~_ legal publication as required by the Charter of the City of La. Porte, Te°as. PASSED Ai~D APPROVED this the ~ ~ f day of A. D.195o . A EST ,i i~ J '' . / ~ City erk . T j ;3 .~, ~ .yo ~ //, o La Porte. U ORDINANCE NO. 1151 AN ORDINANCE PRESCRIBING RATES FOR LA FORTE TAXI COMPANY; CONTAINING A SAVINGS CLAUSE AND A REPEALING CLAUSE; PFOVIDING 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 (5200.00) AND EACH DAY OF VIOLATION SHALL BE DEEMED A SEPARATE OFFENSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COMP4ISSION OF THE CI'T'Y OF LA FORTE: Section 1. La Porte Taxi Company is authorized to charge the following rates f_or its services: Destination Base Rate Additional Persons Local $ 1.50 Morgan's Point 3.00 OVER Lomax 3.00 Shoreacres 3.00 FOUR Deer Park 6.50 Seabrook 6.50 PASSENGERS C ', Kemah 7.50 Tunnel 3.00 ONE Baytown 7.00 Pasadena 10.00 AND Houston (Downtown) 25.00 Galveston 25.00 ONE-HALF Airport (Intercon'tl) 30.00 Texas City ~ 20.00 TIMES Galena Park 15.00 Green's Bayou 12.00 BASE Jacinto City 12.00 Channelview 15.00 RATE NASA 10.00 Webster 10.00 South Houston 15.00 Destinations not listed will be figured by DRIVER according to mileage, and stops, and waiting time, if any. City stops ?_5~ no waiting (3 minutes) Out of town 50~ no waiting (3 minutes) Waiting time $8.00 per hour. Driving time (long trips) $15.00 per hour. Section 2. The City Commission of_ the City of La Porte has approved the above rates .for La Porte Taxi Company, upon its application. This rate schedule shall be prominently displayed in each taxi cab. 'Secti'on 3. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof . ~~ I :, ~ i 1~ ,, , Ordinance No. 1151 Page 2 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. Any person, firm, corporation, association, partnership, trustee, or any agent, servant or employee thereof who shall violate any provision of this ordinance, shall be deemed guilty of a mis- demeanor and upon conviction shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). Each day any violation of this ordinance shall continue shall constitute a separate offense. Section 6. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Clerk shall give notice of the passage of this ordinance by causing the caption C , hereof 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 ordinance. Section 7. This ordinance repeals Ordinance No. 903, passed and approved on the 15th day o.f November, 1971. 1979. PASSED AND APPROVED, this the 18TH day of e ~ ATTEST: 0 G ..C~ City erk APPROVED: City Attorney APRIL CITY OF LA PORTE J. J. Meza, Ma or t • December 8, 1983 To•: LaPorte City Commission Ref: Application for Taxicab Permit Dear Sirs; This letter is to serve as application for a taxicab permit as outlined by the city ordinance. My name is Gary E. Webb and I reside at 5113 Crestway in LaPorte. The company to be permitted is Cadillac Cab Company, individually owned by Gary E. Webb. The location the busi- ness will be operated at is 421 W. Main St. in LaPorte. Property at this address is also owned by Gary E. Webb. I am making application to operate two taxicabs within the City of LaPorte. Insurance will be carried through Independent Consultsng Agency, located at 911 Federal Rd. Suite Z , Houston Tex. 77015 , meeting or exceeding the re- quirments of the city ordinance. I have researched a need for taxi service in the city of LaPorte for quite some time, and found that there is a need for the service; due to unavailability of other local cab service at different times, and will offer 24 hr. , radio - dispatched taxicab service to meet the citizen' needs at all times. I feel that my company will be a great asset to the city of LaPorte and it's citizens. Your consideration will be greatly appreciated. Sin er~y, Gar w .b~ y MEMORANDUM January 5, 1983 TO: Mayor and City Council FROM: Jack Owen SUBJECT: Date for Possible Run-Off Election As you are aware, run-off elections must be held not less than 21 nor more than 30 days after the regular elec- tion. As the City General Election will be. held April 7, 1984, April 28 would be the earliest date for a run-off. This date would conflict with Sylvan Beach Day, and might have some bearing on the number of votes cast that day. May 5, 1984, would be a suitable day~and would fall within the time frame allowed. My recommendation for a run-off date would be May 5, but of course the final decisio is up~to City Council. ack Owen JO/cb