HomeMy WebLinkAbout1984-04-04 Regular Meeting of La Porte City Council
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MINUTES
OF THE
REGULAR MEETING OF THE LA PORTE CITY COUNCIL
APRIL 4, 1984
1. The meeting was called to order by Mayor Cline at 7:00'p.m.
Members of City Council present: Mayor Virginia C~ine,
Councilpersons Lindsay Pfeiffer, B. Don Skelton, Linda
Westergren, Norman Malone, John Longley, and'Ed Matuszak.
Members of City Council Absent:Councilpersons Deotis Gay,
and Kevin Graves. .
Members of City Staff Present: City Manager Jack Owen,
City Attorney Knox Askins, City Secretary Cherie Black,
Director of Administrative Services Bob Herrera, Police
Chief Herb Freeman, Public Works Director Jerry Hodge,
Purchasing Agent Jackson Ray, Finance Officer Debbie Cole,
and Administrative Intern Doug de la Morena.
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Others present:
Hovey, Dr. Jaime
Arlene Arends o.f
citizens.
Mary Betros, Charlie Pritchard, Eugene
:Benray, Sherri Carver of the Bay town Sun,
the Bayshore Sun-Broadcaster, and four (4)
2.
The invocation was given by City Attorney Knox Askins.
3. Council considered approving the minutes of the regular
meeting held March 21, '1984.
Motion was made b Council erson Malone
minutes as presented. Secon e y Counc~
The motion carried, 6 ayes and 0 nays.
Ayes: Councilpersons Pfeiffer, Skelton, Westergren, Malone,
Matuszak, and Mayor Cline
Nays: None
4.
Mayor Cline made. the presentation of the "Employee of
Quarter" to Mary Betros of the Purchasing Department.
Cline praised Mrs. Betros for her outstanding work in
department.
Councilperson Graves arrived at 7:05 p.m.
5. Public Hearing was opened. The request to rezone outlots
18,19,20,21, and 22 from residential to commercial was
discussed.
the
Mayor
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Mr. Charles Pritchard, speaking for Decker Mc Kim spoke in
favor of the rezoning. Mr.Prit~hard discussed and answered
'- questions concerning the rezoning.
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Minutes, Regular Meeting, La Porte City Council
April 4, 1984, Page 2
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Mr. Charlie Young' of 214 Reynolds then spoke in opposition to
the rezoning. It is his feelings that the City should hold
off until the Comprehensive Master Plan has been finalized
and presented to the Mayor and Council.
Mayor Cline read memos from Chief Building Official David
Paulissen and Graduate 'Engineer John Joerns stating that
they, concur and request that this rezOning" be tabled for
further study.
Mayor ,Cline also stated that she had received a letter
to be entered into the minutes from Mr. Dennis Skarda
also opposing this rezoning. Pictures were also enclosed
showing the need to clean up the area.
Public Hearing closed.
Mayor Cline read a memo from the Planning and Zoing Commission
which recommends that outlots 19, 20, 21, and 22 be approved
for rezoning' from residential to commercial, however they
felt outlot 18 should remain residential.
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Motion was made by Councilperson Westergren to table action
on this request until the Comprehensive Plan i-s finalized.
Second by Councilperson Matuszak. The motion carried,
8 ayes, 0 nays.
Ayes: Councilpersons Graves, Pfeiffer, Skelton, Westergren,
Malone, Longley,Matuszak", and Mayor Cline.
Nays: None
'Motion carried to table.
Mayor Cline requested that the next two agenda items be
taken out of sequence. Item number 7 will be next, then 6.
6. Council considered approving audit done by Eugene Hovey, CPA.
The City of La Porte Financial Report was explained by Mr.
Hovey. Mr. Hovey detailed the report and stated that the
only small problem was with the Area Ambulance Corp. This
was noted and these problems have now'been corrected. The
Certificate of Conformance is again being requested from
the State.
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Jack Owen also thanked Mr. Hovey at this time for the extra
help he and his staff put in on ge'tting the material ready for
the February 1 Bond Sale trip to New York.
Mayor requested a motion to accept the audit for the f.iscal
year 1982-1983. Public notice will be published that a
copy of this audit will be on f~le at City Hall.
Motion was made by Councilperson Skelton to apprpve the
1982-83 Financial Audit as presented. Second by Councilperson
Longley. Motion carried, 8 ayes, 0 nays.
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Minutes, Regular Meeting, La Porte City Council
April 4, 1984 Page 3
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Ayes:. Councilpersons Graves, Pfeiffer, Skelton, Westergren,
Malone, Longley, Matuszak, and Mayor Cline.
Nays: None
Special thanks were extended to Debbie Cole and the
Finance department for their assistance to Mr. Hovey.
7. Council considered a presentation by Mr. Pritchard and Dr.
Jamie Benray from the Pulse Development Corporation
concerning plans for a hospital facility to be built across
from the airport and adjacent to the elementary school on
Spencer Hwy. After discussion and questions by Council.
council then discussed the Health facilities development
corporation which is concerning the same matter.
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Councilperson Deotis Gay arrived at 7:53 p.m.
8. Council considered approving the resolution approving
incorporation of the City of La Porte Health facilities
development corporation. Knox Askins, City Attorney stated
that this resolution will be used to issue tax exempt bonds
to those people wanting to purchase land, build buildings.
and equip the facilities of hospital development. Attorney
Askins stated that by authorizing these articles of incor-
poration this only shows that the Council sees a need for
a medical facility in the .City. .
City Attorney Knox Askins read: Resolution 84-2 A RESOLUTION
AUTHORIZING AND APPROVING THE CREATION OF A HEALTH FACILITIES
DEVELOPMENT CORPORATION TO ACT ON BEHALF OF THE CITY OF LA
PORTE, TEXAS, IN THE PROMOTION AND DEVELOPMENT OF NEW,
EXPANDED OR IMPROVED HEALTH FACILITIES IN ORDER TO ASSIST THE
MAINTENANCE OF THE PUBLIC HEALTH AND THE PUBLIC WELFARE.
Motion was made b
No. ,as rea
person Malone T e
Ayes: Councilpersons Graves, Pfeiffer, Gay, Skelton,
Westergre~, Malone, Longley, Matuszak, and Mayor Cline.
Nays: None
9. Council considered an emergency Ordinance reducing the speed
limits on State Hwy. 146 Frontage ~oads North and South bound.
Jerry Hodge explained where the reduction of speed would begin
& end. and the costs of placing the reduction of speed signs.
Approximately $1,200.
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Mayor Cline stated that we have received notification that
there will be an overpass built at Fairmont & Hwy. 146.
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Minutes, Regular Meeting, La Porte City Council
April 4, 1984 Page 4
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City Attorney Knox Askins read: ORDINANCE 1403, AN
ORDINANCE ALTERING THE PRIMA FACIA SPEED LIMITS ESTABLISHED
FOR VEHICLES UNDER THE PROVISIONS OF ARTICLE 670l-D, VERNONS
TEXAS CIVIL STATUTES, UPON THE BASIS OF AN ENGINEERING AND
TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND HIGHWAYS A
PART THEREOF IN THE CORPORATE LIMITS OF THE CITY OF LA PORTE
AND PROVIDING AN EFFECTIVE DATE HEREOF
Motion was made by Councilperson Skelton to adopt Ordinance
1403 as read by the City Attorney. Second by Councilperson
Matuszak. The motion carried, 9 ayes, 0 nays.
Ayes: Councilpersons Graves, Pfeiffer, Gay, Skelton,
Westergren, Malone, Longley, Matus'zak, and Mayor Cline.
Nays: None
10. Council considered appointments to the La Porte Area Water
Authority Board which was tabled from the meeting of 3-21-84.
Councilman Skelton asked that these appointments be taken to
executive session.
11. Council considered approving Ordinance 915-W granting pipe-
. line permit to Air Products and Chemicals, Inc.
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City Attorney Knox Askins read:AN ORDINANCE': GRANTING A PERMIT
UNDER SECTION l8-A-3 OF ORDINANCE NO. 915 "PIPELINE
TRANSPORTATION", BEING CHAPTER l8-A OF THE CODE OF ORDINANCES
OF THE CITY OF LA PORTE, TEXAS: AND APPROVING THE APPLICATION
OF AIR PRODUCTS AND CHEMICALS, INC. DATED MARCH 27, 1984, TO
CONSTRUCT TWO (2) TWELVE INCH (12") OXYGEN PIPELINES AND TO
CONSTRUCT THREE (3) TWELVE INCH (12") INDUSTRIAL GAS PIPELINES
PROVIDING AN EFFECTIVE DATE HEREOF
Motion was made by Councilperson Pfeiffer to approve the
Ordinance as read by City Attorney Askins granting the
i elin ermit to Air Products and Chemicals, Inc. Second
by Councilperson Matusza. Motion carrie, ayes, 0 nays
Ayes:
Councilpersons Graves, Pfeiffer, Gay, Skelton,
Westergren, Malone, Longley, Matuszak, and Mayor Cline.
Nays:
None
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. 12. Administrative Reports:
Mr. Owen briefed the Council on the Junk Vehicle Ordinance
and its enforcement.
A memo on the number of Residential permits issued by the
Code Enforcement Division was read for the first quarter per
year since 1982. In 1982 88 residential permits were issued.
1983- 104 permits issued, 1984- 194 residential permits
issued and this is only for the first quarter, through March.
Mr. Owen also requested an executive session on land
acquisition.
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Minutes, Regular Meeting, La Porte City Council
April 4, 1984 Page 5
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13. Council Action:
Graves: I'll be brief, but one of our detectives worked on a
case which made the news. It's very commendable how-he
organized and coordinated surveilance which wound up with a
very good narcotics bust. I appreciate the work, time and
effort that was put in. This detective was Thomas Neeley.
Pfeiffer: I have nothing
Gay: I apologize for being late and thank everyone for
coming out tonight.
Skelton: Nothing
Westergren: I'd like to inquire about the pocket park in
District 6.. I'd like to see something done with this.
Malone: Congratulated Jackson "Boy Wonder" Rayon his
receiving his certified purchasing agent title, only 25 of
these in the area.
Longley: Congratulations and thanks to Mr.: Hovey, Debbie "Cole
Bob Herrera and the gang" in the Finance department. This
is the most informative financial packet I've ever looked at.
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Matuszak: Have we initiated any action to start a study
concerning a traffic l~ght at Farrington & Spencer? Mr.
Owen stated that this will be initiated and that contact
will be made with the county. The sewer lift station at
Creekmont needs to be looked at. "Was told that fence is
down and lights are out. This could be a safety hazard.
On the bond sale that we had,we went out of town to
deposit the funds, why was that? Jack Owen: In order to
get the funds an escrow agreement was drawn up to satisfy
the state whereas they were deposited for 15 days as npt to
loose the interest. When asked about the interest rates
"Mr. Owen stated that we keep a check on the rates constantly
so as to get the highest rate.
Cline: Stated she would like to have Council support the
work on the banking resolution from HCMCA. She has a copy
which came with the last letter from them. Finalization
on tr~ferof maintenance of the traffic lights was discussed.
A letter had been received requesting when addressing 26th
Street, address it as such and not Sens Road.
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Property owners improving streets to their property was
mentioned. Between 14th and 15th Street south of 13th it
seems that there are truck loads of dirt dumped in 14th St.
right of way. Jerry Hodge stated that he was not aware of
City trucks dumping there.
The Mayors report on her "visit to Austin concerning the bridge
over the ship channel to replace the tunnel stated that the
governor and several key people indicated that we may be
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Minutes, Regular Meeting, La Por~e City Council
April 4, 1984 Page 6
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seeing the bridge over the ship channel come about before
too much longer. The studies have been made and the plans
drawn up, seems as though it got moved off the priority
list for funding. This bridge will be a part of the
State highway system, and no reference was made to it being
a toll bridge.
14.
Motion to have an executive session on legal, land
acquisition and personnel appointments to the Water
Authority Board was made.
Council adjourned into executive session at 9:13 p.m. and
returned to the Council table at 9:45 p.m.
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16.
Linda Westergren reminded everyone that Saturday is
Election Day, with the polls open from 7 a.m. til 7 p.m.
and encouraged everyone to ~o vote.
There being no further business to come before the Council,
the meeting was duly adjourned at 9:47 p.m.
Respectfully submitted:
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Cherie Black, City Secretary
Passed & approved this the
18th day of April, 1984
Virginia Cline, Mayor
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ORDINANCE NO. 1361
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AN ORDINANCE APPOINTING A MEMBER OF THE CITY COUNCIL TO SERVE
AS MAYOR PRO-TEM OF THE CITY OF LA PORTE, FOR THE TERM MAY 1,
1983, UNTIL APRIL 30, 1984, AND PROVIDING AN EFFECTIVE DATE
HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The ,City Council of the City of La Porte hereby
appoints LINDA G. WESTERGREN, one of its members, to serve as
Mayor Pro-Tern of the City of La Porte, for the term May 1, 1983,
through April 30, 1984, and until her successor shall have been
duly appointed and have qualified.
Section 2. Said appointee shall perform all the duties of
the Mayor in her absence or disability.
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Section 3. 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,
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as required" by the Open Meetings Law, Article 6252-17, Texas
Revised Civil Statutes Annotated; and that this meeting has been
open to the public as required by law at all times during which
this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further
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ratifies, approves and confirms such written notice and the con-
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tents and posting thereof.
Section 4. This Ordinance shall take effect and be in force
from and after its passage and approval, and it is so ordered.
PASSED AND APPROVED this the 4th day of May, 1983.
CITY OF LA PORTE
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By
ATTEST:
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t4' V/~ Ci ty Secre tary
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APPROVEO:
City Attorney
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ORDINANCE NO. 1217
AN ORDINANCE PROHIBITING THE CONSUMPTION, OR POSSESSION WITH INTENT
TO CONSUME, OF ALCOHOLIC BEVERAGES ON PROPERTY OWNED OR LEASED BY
OR TO THE CITY OF LA PORTE OR THE LA PORTE INDEPENDENT SCHOOL
DISTRICT; AUTHORIZING SPECIAL EVENT PERMITS; PROVIDING THAT ANY
PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY
OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT
MORE THAN TWO HUNDRED DOLLARS ($ 200.00); FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE:
Section 1. A person commi 1;s an offense if he consumes or
possesses with intent to consume an alcoholic beverage ~n or on
any real property owned by or leased by or to the City of La porte
(j or the La Porte Independent School District.
Section 2. The Director of Parks and Recreation may issue
special permits for non-commercial events, (such as wedding recep-
tions, private. parties, and similar gatherings, but not including
athletic events), for a fee of Five Dollars ($5.00) per day, per-
mitting consumption of alcoholic beverages in or on any real prop-
erty owned by or leased by or to the City of La Porte.
Section 3. 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
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be punished by. a fine not to exceed Two Hundred Dollars ($200.00).
Section 4. The City Commission officially finds, determines,
recites and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Commission was
posted at a place convenient to the public at the City Hall of
the City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
Civil Statutes Annotated; and that this meeting has been open to
the public as required by law.at all times during which this ordi-
nance 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.
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Section 5. This Ord inance 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
this ordinance.
La Porte at least twice within ten (10) days after the passage of
PASSED AND APPROVED this the 4th day of June,' 1980.
'ffY
ATTEST:
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APPROVED:
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City Attorney ,
CITY OF LA PORTE
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J. J. Meza, Mayor ,
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MEMORANDUM
TO: Bob Herrera
DATE: 4/3/84
FROM: Mary Davis
SUBJECT: Public Health Officer
One of the City Councilmen, Mr. B. Don Skelton, has called
inquiring about the upcof!\ing appointment of a"Pub1ic Health
Officer. Specifically, Mr. Skelton wanted to know what duties
and responsibilities this position entails.
I first looked through the City Charter and found no information
regarding this position. I then located Ordinance No. ,517 (see
attached), which gives some information as to what would be, in
part, the duties of a Public Health Officer.
The Ordinance states that the 'Director of Public Health' shall
inspect, or designate an inspector to inspect, all places of
business and persons wherin foodstuffs or drinks for human beings
are produced, handled, prepared, cared for or sold, and all
vehicles used in connection with such businesses, and for the
inspection of the conduct of hotel and lodging houses.
The Public Health Officer may issue, deny, or suspend permits,
health certificates, certificates ~f freedom from TB; he may set
provisions for sanitary standards, disposal of health hazards,
and pest control.
Although I have not yet located additional material, I feel
that it would be reasonable to assume that a Public Health Officer
would also serve in the event of a local or area disaster, to
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, oversee ~s~~s~ control and quarantine, health hazard disposal
and local health programs.
I hope this serves to clarify the duties of this appointment.
Please advise if you wish additional information.
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ORDINANCE NO.
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AN ORDTI1ANCE TO PROHOT2 THE HEALTH CONDITIONS OF TIE CITY OF LA PC-RTE BY PRO-
VIDING A CODE OF SANITA..qy R~ULATrcNS AND REQUIP.&\1ENTS FeR ALL PLACES, BUSUJESS
AND PERSONS TtJHERETIl OR BY t-i'HOM FOODSTUFFS OR DRlNKS FOR HUXAN B.~INGS IS PRO-
DUCED, HANDLED, PREPARED, CARED FOP. OR SOLD, AND ALL VEHICLES USED m conNECTION
\oj'rrE 1J1Y SUCH BUS INESS, .A..TlJO FeR THE CONDUCT OF HGTELS AND LODG ma HOU'3FS; FRO-
VIDING FOR SUSPENSION OF PERMIT; PROVIDING THAT t.JHOEVER SHALL DO ANY ACT OR
\ THING PROHmITED, OR NEGLECT, OR REFUSE TO DO ANY ACT OR THING REQumED BY THIS
OROTIJANCE, OR IN ANY WAY lIICLATE .ANY PROVISIONS HEREOF, SHALL BE FINED A1~Y
AMJUNT NOT LESS THAN FI'IE DOLLARS ($5.00) NOR MeRE THAN TWO HUNDRED DOLLARS
($200.00) THAT EACH AND EVERY DAY VIOLATION SHALL CONSTITtITE A DISTDlCT AND
SEPAR.ATE OFFENSE l.ND PtJNISHABLE AS SUCH;. MlD CONTAnIING A SAVINGS CLAUSE.
.BE IT ORDAINED BY THE CITY COivlMISSION OF Tm: CITY OF LA FORTE, TEXAS THAT:
P.RTICLE 1. DEFTIrrrIONS P.ND APPLICATION
Section 1. Person. The term "Person" includes individual, partner-
,ship, corporation, and.association.
Section 2. Foodstuffs. By "Foodstuffs" 'as used in this"~rdinance is
meant any substance or things, whether solid or liquid, and whether of animal or
vegetable origin, intended to be used or cO!n!lIonly used as food or dr'ink fer
human be ings .
Section 3. Restaurant. The term "Restaurant" shall mean restaurant,
coffee shop, cafeteria, short-order cafe, luncheonette, taye.r.:g, sandwich stand,
soda fountain' and all other eating or drinking estaC[shments, as well as kit--
chens or other places in which food or drink is prepared for sale elsewhere. '
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Section 4. Utensils. The term "Utensils" includes all vessels of any
shape or size, constructed of any material, commonly used in' preparing, helding, ,
storing or transporting food, and all articles, of wnatsoever construction, size
'or' shape, -used in serving or eating food.
Section 5.
size, constructed of
ing.
Section 6.
tr ays , pots, pans or
Dish. The term "Dish" includes all vessels of any shape or
any material whatsoever, commonly used in eating or drink- .
Receotacle. The term "receptacle II includes all vessels,
other articles used for holding food.
Section 7. Hotel. A "Hotel" within the meaning of this code is any
'hotel, lodging house or inn in the City of La Porte having three or more rooms
where transient guests are fed or.lodged for pay.
Section 8. Liauor Di.soensarv. The "Liquor Dispensary" includes all
places where beers, ales, wines, or any other alcoholic beverages are stored,
prepared, labeled, bottled, or served, or otherwise handled.
Section 9. Fa.ctorv. The term "Factory" includes all places in which
,is carried on the business of manufacturing or pr~paring food for human consump-
t.ion.
Section 10. Business. The word "Business" hereinafter used shall be
:deemed to include any business, occupation, industry, and all operations incident
'thereto, of the several kinds herein mentioned or referred to.
Section 11. Room. The word "Room" as hereinafter used shall be deemed
to include any room, apartment, or place enclosed on one or more sides used for
the purpose of any such business.
Section 12. Aoolication of ordinance. This ordinance and code shall
apply to every business of any kind kno~n cr described as a slaughter house
meat market, butcher shop, fish market, dairy, bakery, confectionery, ice c;e&~
factory, place for the handling, preparation or sale of dairy products or cr.~ked
prepared foodstuff, ,hotel, restaurant, grocery store, fruit market, vegetable
market, and food peddlers by wagon or otherwise; soda fOlmtain, bottling wrrks
.saloon, bar room, brewery and all similar business handling or having to do wi~h !.
foodstuff; -
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And also to every room used for the purposes of any such business, in the keep-
ing, storing, manufacturing, preparing, handling, distributing, selling, serving',
or ~tfering for sale, any meat, fish, or slaughtered poultry, meat products,
bread, cakes, pastry, confectionery, milk, butter or other dairy products, fruits,
vegetables, groceries, or other focd~tuff, whether raw or cooked, or otherwise
prepared, or any liquid intended as food or drink for hUllan beings whether of
an alc~h~lic or nonalcoholic nature;
And also as herein provided to all places and prellises connecting with any such
rooms;
And also to each and all of the fixtures, furniture., receptacles, utensils, ma-
chinery, implements, and other things, used within or without any such place of
business;
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And each business, room, place, matter and t~ing herein mentioned or referred to
shall be respectively governed, managed, conducted, constructed, arranged,
equipped and cared for in accordance with the following ordinance; and it shall
be unlawful to conduct any such business, occupation or industry, except in the
due observance of the respective requirements of this ordinance and' the follow-
ing code of general provisions.
Section 13. Director of Public Hea.lth or Director G The 1oIOrds "Direc-
tor of Public Health" or "Director" shall ::lean the head of the Department of
Health or other person holding the office of City Health Officer, by whatever
title known.
Section 14. Insnector. The term "Inspector" includes any inspectors
of the Department of Health.
ART ICLE II - pEfU.frrS
Section 1. Unlawful Oueration. It shall be unlawful for any person
in any way or manner to engage in, conduct or operate e:ny business named herein
without first having applied for and received a permit in writing to do so from
the Director of Health, as herein provided, and having paid a permit fee of Five
, ($5.00) Dollars to the City of La Forte, which permit shall be renewable annual-
: ly on each first day of January upon payment of a like fee.
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Section 2. Anolication. Each applicant for any such permit shall
file with said Director a written application therefor lmich shall state the name
and address of such applicant, also a description by st~eet and number or other
appropriate designation of the location of such business, and other information
as may be required by said Director.
Section 3. Inscection. If after investigation ~d the consideration
of such application and all proper matters in connection therewith, it shall
appear to the said Director of Health that the statements made in such applica-
tion are true, and the premises and vehicle conform to the requirements of this
ordinance and other laws applicable thereto, and that the applicant has complied
with.all the laws and ordinances regulating such business and has paid the re-
quired per~it fee, said Director shall grant the permit applied for..
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Section 4'. Susoens ion of Permits. The Director of Health is author-
ized and empuwered upon discovery of a violation of any of the provisions of
this ordinance seriously affecting the public health and is further authorized
. and empowered upon repeated violati0p of any type of any of the provisions of '
this ordinmce to suspend the permit of any permitee included in this ordinanc~,
. and upon such suspension to cause a public notice to be published in a news-- .
paper of general circulation in the City of La Porte to the effer.t that such
permit.. has been suspended. Such sUGpensi~q'l s.hall cC'!1tinue for a pGriod c:f six-
ty (60) days and/or until the violation or viol~tions have discontinued. .
Section 5. HearinlZ. Provided, further, that no 'such permit shall be
suspended until hearing shall have been held by said Director of Health in the
matter of suspension of such permit at which hearing such permittee may be pre-
sent. Notice of such hearing shall be given by said Director in writing and
served upon the holder of such permit not less than five (5) day~ prior to the
date of such hearing, which notice shall state the ground of complaint against
such permittee and shall also state the time when and the place where such hear-
ing will be held. Such notice shall be served on when and the'place where such
hearing shall be held. Such notice shall be served on such permittee by
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delivering the same to such permittee or his manager or agents or to any person
in charge of or employee in such business, or by leavig such notice at the
plac'e of"business 9r.'7esidence,'of such :permittee with some person of suitable age
or discretion. If such notice for any reason shall not be served as hereinabove
descr ibed in this section provided, then a ~opy of such notice shall b email ad
postage prepaid,- addressed to such permittee at his last known residence, net
less than five (5) days prior to the date of the hearing'.
Section 6. Postin~ of Permits. Each permit and inspection sheet shall
at all times be kept posted and displayed in'accnspicuous place in or about such
pla~e of business, premises or vehicle. '
Section 7. Other Licenses. No license under any ordinance of the
, city shall be issued to any person owning or operating any business which is
required to have a permit unless such permit shall have, first been granted by , j
said Director of Health. It shall be the duty of the said Director immediately V
upon the granting of such permit, te forward it to the person making application
therefor and to file with the City lerk a dup~te copy thereof.
Section g. Provisions for Year 1957. Persons operating such places of
business named herein which are now in existance in the City of La'Porte shall
apply for permits and shall receive same subject to the provisions of this'ordi-
nance not later than thirty (30) days from and after the effective date tmreof.
Persons desiring to ,begin operating new business after the effective date of
this ordinance shall likewise have their permits issued subject to the provisions
of this ordinance. All such persons referred to in the preceding portions of
this Section shall thereafter obtain annual renewals as above provided on each
succeeding ,first day of January.
Section 9. Penalties. (a) Any person who engages in, conducts, or
operates any business named herein without first havL~g obtained a permit as
hentnabove required shall be guilty of a misdemeanor, and upon conviction shall
be fined as provided in this Ordinance.
(b) Any person who, hfiving obtained such a permit, continues to engage in, CO:1-
duct, or operate such business after the same has been suspended as provided
above, shall be guilty of a misdemeanor, and on conviction shall be fined as
provided in this Ordinance.
PRTICLE III - CODE REnULATTI1G THE H.ftlmLING OF FOODSTUFFS
Section I. Li~ht and Ventilation. No room shall be used unless the
same shall be well lighted and ventilated.
Section 2. General Cleanliness. Each such room and 'the floors, walls,
ceilings, windows and doors thereof, and all the fixtures furniture receptacles
utensils, mac~inery, implements ani other things (exceptin~ receptacl~s used to '
hold refuse) In each such room, or used in connection with 'any such business
shall at all times be kept free from dirt, adher ing foreign matter, unwholes~me
odors, decaying substances, cobwebs, traSh, scraps, etc., and in a clean and sani-
tary condition.
Section 3. Floors. The floor in each room shall be of such construc-
tion as to be easily cleaned, shall be smooth, and shall be kept clean and in
good repair.
, '
, Section 4. Doors and Windows. All openings into the outer air shall !
'be effectively screened and doors shall be self-closing unless other effective
means are provided to prevent the entrance of flies. '
Section 5. Ratoroofinp'o Every person, firm or corporation oYIi:ng 0
manag~g any ,such business shall oomply with all ordinances of the City proVi~-
ing fc~ ratextermination and ratproofing of business buildings and the mainte-
nance thereof in a rat-proof condition.
Section 6. Insects. ver~in. anL~als or fowl. Each such room shall be
kept free fro~ flies, roaches, and other insects and vermin and no animal or fo 1
shall be perm1tted to en~er or allowed to stay in any such room; provided that 'W
this section shall not apply to the temporary admittance of a "Seeing-Eye" dog.
Section 7. Other Busi.ness in Same Room. No person owrUng or managing
any such business shall permit in any such room any other occupation or business
if the same be of a nature or be ccnJucted in a manner whereby foodstuffs may be
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exposed to any unsanitary con~itions or pollutions; and the provisions of this
ordinance shall apply to each such business hereinabove mentioned or referred to,
and to the room or place ~here,~ and the person by whom ,same is conducted in
the same manner as if such room,rooms or place were wholly occupied by such busi-
ness, even though such room, or place may be used or occupied in part for any
other business or occupation, and regardless of whether such other business or
occupation be under the same or different owner5np.
Section 8. Toilet Facilities. ~ach place wherein such business may.
be conducted shall be provided with adequate, sanitary and conveniently located
toilet facilities for its employees, conforming with the ordinance of the City
01 La Forte. In restaurants and bakeries hereafter constructed toilet rooms shall
.not open directly into any room in which food, drink or utensils are handled or
stored. The doors of all toilet rooms shall be self-closing. Toilet rooms shall
be kept in a clean condition, in good repail., and ~rell lighted and ventilated.
Hand-washing signs shall be posted in each toilet room used by employees.
Section 9. Water. The place wherein. such business may be conducted
shall be constantly provided with an ample and convenient supply of city water.
Section 10. Lavatorv Facilities. Adequate and convenient.hand-washing
facilities shall be provided, including hot and cold running water, soap, and
approved sanitary towels. The use of a com..'llon towel is prohibited. No employee
shall reS'lli"lle work after using the toilet room without washing his hands first.
Section 11. Clothin~. Etc. Each owner or manager of such business
and each employee thereof when engaged in the work of making, handling, selling,
preparing or distributing any such foodstuff, whether within or without any such
" room or place of business, shall at all times be clean in appearance and habits
and shall refrain from the use of tobacco or snuff and shall not be intoxicated.
He shall have and wear such aprons, frocks and other outer garments as ar'e of a
nature and texture to be easily cleaned and rendered sanitary, and only clean
garments shall be worn by any such person. The use of .nair nets, head band, or
caps is recommended.
Section 12. Disease ControL Uo person who is affected with any di-
sease in a co~unicable form or who is a carrier of such disease shall workfu
any such place of business, and no such business shall employ any such person or
any person suspected of being affected with any disease in a communicable form
or of being a carrier of such diseas~. If the owner or manager of such business
suspects that any employee has contracted any disease in a communicable form or
has become a carrier of such disease, he shall notify the Director of Health
immediately.
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Section 13a. Health Certificates. Each owner or manager of such busi-
ness shall comply with the provisions of Article 705c of the Penal Code of the
State of Texas relating to physical examination and Health Certificate required ~
employees handl~g or dispensing food or drink.
Section 13b. Certificates of Freedom from TubeTculosis. Every employee
being employed in any such business at the effective date of this act shall withh
thirty (30) days thereafte~, and every person hereafter employed from the 'effec-
tive 'cate of this ordinance shall within six (6) months from the date of such
employment, obtain and display for public inspection in such place of business,
a certificate from an approved x-ray laboratory certifying that said employee .
is free from tuberculosis. Such certificate shall be renewed annually thereafter.'
Section 14. Handlina Neat. Fish. Etc. Each person owning, managing or
conducting any such business where meat, fish or dressed poultry is slaughtered,
kept, handled, sold or offered for sale, or is prepared or cooked, shall keep
all meat hooks, receptacles, implements, machinery, counters, tables, fixtures
and cutting blocks perfectly clean; and shall cleanse the same thoroughly at least
once a'oay. 'Hot and cold running water shall'be provided for the cleaning of saD
mater ials .
Section 15. Care of t~eflts. Flsh and Dairv Products. No meat, fish,
slaughtered poultry or meat products, and no milk, butter, cheese or dairy pro-
ducts shall be left open or exposed to contamination by dust, air, insects or
other extraneous matter, either within or without any such room or place of busi-,
ness; and.all fresh or uncured meat, .fish, slaughtered poultry and all milk and
butter shall be immediately placed and kept in a refrigerator or ice box or cold
storage room except when removed therefrum for the immediate purposes and. opera--
tions of' the business.
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Section 16. Scrans and Gp~bap.e. Scraps of meat, offal, bones or other
garbage or discarded organic matter, animal or vegetable, or slops or refuse of
any character whatsoever, shall not be left exposed to the atmosphere of any
such room, but shall be L~ediately deposited and kept in.aclosed container or
receptacle which shall be emptied and cleansed at least once each day. No con-
tainer or receptacle shall be us€d except such as had the approval of the Direc-
tor of Health. All refuse and tainted or decaying meat, fish, poultry, cheese
or other organic matter, whether animal or vegetable shall be remo~ed from the .
room without delay. The pe~son or perso~~ operating such business shall comply
with the ordinances of the ~ity of La Forte regulating the collection and dis-
posal of garbage.
Section 17. Stora~e. Disnlgv. and ServinP.' of Food and Drink~ All
food and drink shall be so stored, displayed and served as to be protected from
dust, flies, vermin, depredation and pollution by rodents, unnecessary handling,
droplet infection, overhead leakage, submerging and other contamination.
Section l~. Eallinme~. All equipment, including display cases or
windo'~, co~~ters, shelves, tables, refrigerators, stoves, hoods, and sinks,
shall be kept clean and free from dust, dirt, insects and other contaminating
material.
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Section 19. Refri~eration. All readily perishable food and drink
shall be kent at or below 500 F. except, in the case of restaura~ts, when being
prepared or. served. \olaste water from refrigeraticn eluipement shall be proper1Y
disposed of.
Section 20. Miscellaneous. None of the operations connected ~dth such
a place of business shall be conducted in any room used as living or sleeping
quarters. Adequate lockers or dr~ssing rooms shall be prov~ded for employees'
clothing and shall be kept clean. Soiled linens, ceats, and aprons shall be kept
in containers prcvided for this purpose.
Sectien 21. Tainted. Fermented. Decaving, or Adulterated Foodstuffs.
no person whc owns, manages or i.s in charge of any such business hereinbefore
mentioned or referred to shall have or permi.t to be kept or used at any time in
or about any room or place or vehicle used in connection with such business, or
expose or offer for sale, sell, prepare, deliver or serve, or permit to be ex-
posed or offered for sale, sold, prepared or delivered or served to any'person
in any part of the City of ~.Ia 'orte, any !!leat, poultry, eggs, or ether meat foed
product, or any fish er oysters, or any foedstuff of any animal nature, or any
fruit, vegetable, or ether thing or substance ordinarily used for human foed,
whioh is tainted, diseased, fermented or decaying or otherwise unwholesome er un-
clean, or which contains any drug, preservative or adulterant; and no person who
OYllS, manages or is in charge of any such business or place shall expose for
sale, offer for sale, prepare, deliver or serve to any other person any food-
stuff, or permit same to be done, without first examining the sa~e to see whether
same is fresh and wholesome for food; provided that the foregoing shall not be
dea~ed to re~lire the examination of goods enclosed in any' original package and
sold or delivered unopened.
Section 22. Penalty. \~oever shall do any act or thing
neglect or refuse to do any act or thing required by the precedL~g
this Article or in any way violate any provision thereof, shall be
misdemeanor and upon conviction shall be fined as provided in this
Every violation shall constitute a distinct and separate offense.
prohibited, or
sections of
guilty 01' a
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ARTICLE IV. - SPECIAL PROVISIONS RELATING TO HCTrELS AND EATmG I~D
DRnn<:nm ESTABLISHMENTS.
'.
Section 1. Sanitation in Hotels. Every person who OYllS, manages, or
conducts any hotel or restaurant in the City of La .~orte shall at all times keep
and maintain the same, and each and every r~om, apartment or place and all fi~- .
tures, bedding and other things used in connection 1,1ith such business in a thoro-
ughly clean and sanitary condition. AI.d each such hotel and restaurant and
persons engaged mconducting the same, in addition to these special provisions
shall be subject to all provisiens of the Code regulating the handling of
Foodstuff.
Section 2. Cups and Towels. No common or public drinking cup, and no
roller towel except a sanitary rorer paper tovel shall be permitted to be placed
or kept in any room or apartment used in co~~on by guests of any hotel or
restaurant.
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Section J. Broken Dishes. Recectacles. and Utensi.ls. No dishes, re-
ceptacle, or utensil shall be used or kept for use by any public eating or
drinking establishment or any factory, to hold or convey food intended for hu-
man consumption if said dish, receptacle, or utensil is chipped, crac~~d, or
broken, or constructed in such a manner as to render its cleansing ana/or
sterilization impossible or doubtful. .
Section 4. Cloths used bv ~.,rai ter. Etc. (a) All cloths used by
"witers, chefs, and other employees shall be clean.
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(b) No napkin, or cloth, or other article that has been used, shall
be furnished any person until said napkin,. cloth, or other article shall have
:;been laund:ered or sterilized, subsequent to any other use.
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:: (c) No napkins, stral.'S, toothpicks, or other articles shall be offered
l' for the use of any person if said napkins, straws, toothpicks, or other articles .
,have not been securely protected from dust, dirt, insects, rodents, and as far as
-may be necessary by all reasonable means, from all contamination.
Section 5. Sterilization of Dishes. Receotacles or Utensils. No per- ~
son, firm, corporation, or association operating, managing, or con~ucting any
hotel, cafe, restaurant, dining car, drug store, soda water fountab, meat mar-
ket, bakery, or confectionery, liquor dispensary or any other establishment
where food or drink of any kind is served or permitted to be served to the pub-
lic, shall furnish to any person any dish, receptacle, or utensil used in eating,
drinking, or conveying food if such dish, receptacle, or utensil has not been .
washed after each service until clean to the sight and touch in warm water con-
taining soap or alkali cleanser. After cleaning, all glasses, dishes, silver-
ware, and other receptacles and utensils shall be placed ih,wire cages and immersed
in. a still bath of clear water heated to a minimum temperature of 1700 F. for at
'least three minutes, or two minutes at 1800 F. Upon removal from the hot water,
all glasses, dishes, silverware, and other receptacles and utensils shall be
stored in such a manner as not to become contaminated. Provided that the State
Board of Health may approve other equally effective methods of treatment by
steam or hot water that meet with the minimum requirements for the safety of
the public health, as prescribed by the State Board of Health. When paper re-
ceptacles, ice cream cones, or other single service utensils are used for serving
food or drinks, they must be kept in a sanitary manner, protected from dust,
:flies and other contamination; provided that the provisions of this Section
':shall not apply to such establishments as described herein that use electrically
operated dishwashing and glasswashing machines, that accomplish these purposes
,mechanically.
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I Section 6. Poisonous Cleaners and Polishes. No dish, utensil, or in-
strument used in eating or drinking shall be offered for use to any person, or
used in the manufacturing of food, if said dish, utensil or instrument has been
cleaned or polished by means of any cyanide or other poisonous substance. This
provision shall not apply to any dish, utensil, or instrument if said dish,
utensil or instrument has been subsequently cleaned in a manner that all traces
'of said poisonous substance shall have been removed.
ART ICLE V -- PENALT IES - FINES
".
Section 1. Whoever shall do any act or thing prohibited, or neglect
.or refuse to do any act or thing required by this ordinance, or in any way vio- ":1-': ..
late any prDvision hereof, shall be fined any amount not less than Five Dollars !
!($5.00) nor more than Two Hundmd:Dollars ($200.00). Each and every day viola- I
jtion shall constitute a distinct and separate offense and punishable as such.
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ARTICLE VI. - MISCELLANEOUS
:. Section 1. InsnectioD. The Director of Health and each inspector ofi. .,
the Ci~~ act~g under the authority of said Di.rector for the purpose of protec-
ting the public health and enforcing this ordinance, is hereby authorized and di-
rected at any or all.reasonable times when inspection may be deemed proper to
enter any premises, room, apartment or place in the City of La Porte wherein any
such business operations herein mentioned or referred to are carried on, or where'
any such foodstuffs are kept, produced, prepared or handled, and also each and
every rOOM, place, premises, vehicle or appurtenance used m'connection with such .
business or operations, and to make a complete inspection '~f each such room ..,.
, .
place, premises or vehi71e, and all machinery, equipment, furniture, fixtures, ;
and things, found thereJJ1; and also to make a thorough inspection and examination'
of all foodstuffs and other things the~~in found which are used'or kept for the .
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purpose of such business, and which are named herein or are reasonable within
the purpose and intent of this ordinance, and all such inspectors are also here-
by authorized and directed to stop and inspect within the City any wagon or ve-
hicle which appears to be used for the purpose of transporting or delivering any
such foodstuff and such inspector shall also be authorized to require, and the
person in charge of any such business place or vehicle shall furnish to the in--
spector such reasonable and proper samples as he may demand for making any test
.,of such foodstuffs; and that no person shall interfere with or refuse to permit ,
'any such officer or inspector to make any inspection hereby authorized; and if any
person shall refuse permission or bar or obstruct such inspection, then any li--
'cense or permit or certificate issued by the ~ity for such business shall become
subject to revocation and shall become null and void on \olritten order of the
:.Director of Health.
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Section 2. Resoonsibilitv and Reoorts of Insoectors. Every person
:.
now or hereafter to be appointed, or acting by or under the authority of the
. City of La Porte, who is charged with the duty of inspecting such rooms, place or
':things, or any meat or other foodstuffs, or any operations in connection there-
with, or the conduct of any business herein mentioned or referred to shall per-
form all such duties under the direction of the Director of Health and shall
make all such inspections, examinations, and reports, and in such m~ner and
form, as may be required and directed by said Directors.
Section 3. ,Condemnation. When the Director of Health or any inspector
or other person charged with the duties of such inspection of foodstuff, shall
find in the City of LaPorte any meat, fish, or other foodstuff, whether anLual
or vegetable and of whatsoever nature, which is unfit for human food by reason
of being adulterated, taL~ted, diseased, fermented, decaying or otherwise,
unwholesome or unclean, or the use, keeping or sale of which is prohibited by
this or any other ordina~ce of the City, or Law or Regulation of the State, he
shall promptly condemn the same and the owner, manager or other person shall
notify such inspector of his desire to appeal and shall immediately comply with
the requirements of the provisions of this Section. Such destruction of meat,
fish o~ other foodstuff shall be effected byslashing or otherwise separating the
substance of s&~e, after which same shall be immediately saturated with kerosene
or such chemical compound as may be approved by the Director of Health; provided,
however, that in case such owner, manager or other person in charge of such food-
stuff, shall desire to appeal from the ~iudgment of any such inspector, such
.owner, manager or other person shall immediately transport such foodstuff to
such place as said inspector may designate or approve, and shall there store such
':foodstuff; and the ~irector of Health shall promptly on the written request of
such owner or may on his own motion, make a further ipspection and exanination
of such foodstuff; and if it is the judgment of said virector that it shall be
,condemned, then s~~e shall be L~ediately destroyed as aforesaid, or in such
manner as aforesaid, or in such manner as the Director of Health may direct; but
.if such judgment be that said foodstuffs should not be condemned, then the o~ner
'thereof may remove the srons again to his place of business, but he shall not
otherwise do so. In case of such appeals the decision of said Director shall be
final.
Section 4. Savin~s Clause. If any provisbn, exception, section, sub-
section, paragraph, sentence, clause or phrase of this ordinance or the applica-
tion of same to any person or set of circ~~stances shall for any reason be held
unconstitutional, void or invalid, such invalidity shall not affect the validity
,of tie remaining provisions of this ordinance or their application to other per- l'
:son~ or sets of circ~~stances and to this end, all provisions of this ordinance
:are declared to be severable.
'I
Section 5. Reoealin~ Clause. All ordinances or parts of ordinances
:1nconsistent with the terms of this ordinance are hereby repealed; provided,
'however, that such repeal shall be only to the extent of such inconSistency, and
'.:in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
.\
Section 6. C~nflict with State Law. In the event a different penalty
be prescribed in any case by any State Law for any offense included in this or-
dinance, and in the event the punishment prescribed by the State Law be the only
punishment which can lawfully be adjuged for any such offense, then the State
Law for such offense shall be adjuged by the Corporation Court against such of-
fender in lieu of the penalties specifically prov~ded by this ordinance.
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Section 7. Effective'Date. This ordinance shall take effect and be
in force from and after its passage and publication as required by law. The
City Clerk is hereby directed to give notice hereof by causing the caption of
this ordinance together with the penalty to be published in the official news-
paper of the City of La Porte ~t ~e~st twice prior to the effective date hereof.
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Passed and approved this the .-f; day of tl./!:).;uL:.' , A. D. 1957.
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t ATTEST:
ex- L-u/d €; .I3~,v
,City Clerk, City of La Porte, Texas
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~~yor, City of La Porte, Texas
.:;#.J;.;,;;-1~j~ .:~Jt;~ig~ <',
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Chairman:
Members:
Dist. 1 :
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Dist. 2 :
Dis t. 3
. Dist. 4
Dist. 5
Dist. 6
PLANNING AND ZONING COMMISSION
.Doug Latimer
10203 Catlett
471-2740 home
471-1061 - work
R. J. Blackwell
1602 Lomax School Road
471-2635 - home
Bruce Hammack
5409 Sugar Creek
471-5561 - home
471-5747 - work
Janet Graves
10443 Co11ingswood
471-1930 - home
Lola Phi.11ips
432 North Fifth
471-2301 - home
Ha.Lvld J:1:teJ.ffer (' J,/f,l~s D. Be)' ~ 7
6.19 a9\ith BrewR911 fo&x d--Y
471 13:3 hnmA (. i}
471-Ll.?2J wVLlt" .i./71-~':L:J...,Lf))cU'..-l
Karl Johns ton
2503 Crescent Drive
471-4166 - home
471-2911 -' work
Term expires:
. .
4/30/85
"L~3:J
4/30/85
4/30/85
4/30/86
4/30/86
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ORDINANCE NO. 1365
.
AN ORDINANCE APPOINTING MEMBERS OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF LA PORTE, AND MEMBERS OF THE BOARD
OF ADJUSTMENT OF THE CITY OF LA PORTE, PURSUANT TO ARTICLE II,
SECTION 2-19, OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE;
CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte hereby
appoints the following persons to serve on the Planning and
Zoning Commission of the City of La. Porte, for terms expiring
.
as specified below:
District
Term Expires*
Appointee
1
April 30, 1984
R. J. BLACKWELL
2
April 30, 1985
BRUCE HAMMACK
3
April 30, 1985
JANET GRAVES
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4
April 30, 1986
LOLA PHILLIPS
5
April 30, 1986
HAROLD PFEIFFER
6
.April 30, 1984
KARL JOHNSTON
Chairman
April 30, 1985
DOUGLAS LATIMER
.
*The term of each member shall terminate on
April 30th of the year in which the term
expires, or when his or her successor has
been appointed and qualified, pursuant to
Article II, Section 2-19, of the Code of
Ordinances of the City of La Porte.
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Ordinance No.
1365
, Page 2.
Section 2. The City Council of the City of La Porte hereby
appoints members to the Board of Adjustment of the City of
La porte, for terms expiring as specified below:
position
Term Expires*
Appointee
1
April 30, 1985
SIDNEY GRANT
.
2
April 30, 1985
RONNIE ROWELL
3
April 30, 1985
LINDA MAINS
4
April 30, 1985
LAWRENCE FARIAS
Chairman
April 30, 1985
ANDY WILSON
Alternate 1
April 30, 1985
ROBERT SWANAGAN
.
Alternate 2
April 30, 1985
C. D. YOUNG
*The term of each member shall terminate on
April 30th of the year in which the term
expires, or when his or her successor has
been appointed and qualified, pursuant to
Section 16-101, of the Ordinance No. 780,
the zoning Ordinance of the City of La Porte.
Section 3.. All ordinances or parts of ordinances in con-
flict herewith are hereby repealed to the extent of such con-
flict only.
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Ordinance No. 1365
, Page 3.
Section 4. The City Council officially finds, determines
reci tes 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
Ci ty Hall of the City for the time required by law preced ing
this meeting, as required by the Open Meetings Law, Article
6252-17, Texas Revised Civil Statutes Annotated~ and that this
meeting has been open to the public as required by law at all
times during which this ordinance and the subject matter thereof
has been discussed, considered and formally acted upon. The
City Council further ratifies, approves and confirms such
written notice and the contents and posting thereof.
Section 5. This Ordinance shall be effective from and
after its passage and approval.
PASSED AND APPROVED this the 4th day of
May
, 1983.
CITY OF LA PORTE
By
Mayor
ATTEST:
, ~~.
~ City Secretary
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APPROVED:
~z:J d,
Clty Attorney
....
Charles D. Boyle
P.O. Box 24
471-2122 - work
471-1119 - home
Fred Beck
307 S. Iowa
P.O. Box M
471-4226 - work
471-4913 - home
C. D. Young
214 Reynolds
471-3427 - home
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APPRAISAL REVIEW BOARD
Norma Hutchins
10503 North Avenue P
471-0632 - work
471-1751 - home
Jinnny Crate
814 East "c"
471-1677
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Term expires
4/30/84
4/30/84
4/30/84
4/30/84
4/30/84
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LA PORTE ELECTRICAL BOARD
Walter Gernand
P.O. Box 597
Seabrook, TX 77586
474-4151
. Knox Askins
702 W. Fairmont
471-1886
David Paulissen
821 S. Second
471-5020 - work
471-6973
Lindsay Pfeiffer
P.O. Box 1116
471-4222 - work
Gene Pfeiffer
P.O. Box 778
Bay town, TX 77520
471-3082
C. E. Brown
115 S. 8th
471-4350
Terms expire April 30, 1984
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LA PORTE AREA WATER.AUTHORITY
Cary Burnley
3207 Somerton
479-8538
Albert Fields
c/o Bayshore National Bank
P.O. Box 998
471-4400 - work
471-8626 - home
'Travis Doughty
__10123 Quiet Hill
471-5063
Gilli
_ 937 Wi k
47 59
Jerry Bramlett
918 South Kansas
- 471-2944
Jack Owen, City Manager
805 South Iowa
470-8633
David L. Anderson
814 Hackberry
471-3731
ALSO SEND AGENDA TO:
Jerry Hodge
John Armstrong
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MEMORANDUM
CITY OF LA PORTE
TO: Mayor Cline and Councilpersons
FROM: Jack Owen
SUBJECT: La Porte Area Water Authority Board
DATE: April 12, 1984
The following two persons are no longer eligible to serve
on the La Porte Area Water Authority Board and need to
be replaced as soon as possible:
Susan Gilliland - Moved to Virginia
Travis Doughty - Moved to Shady River,
Bay Municipal Utility District
Your consideration in this request is appreciated.
Jack Owen
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ORDINANCE NO. l290-A
AN ORDINANCE APPOINTING DIRECTORS TO THE LA PORTE AREA WATER
AUTHORITY~ AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the.City of La Porte here-
by appoints the following persons as the members of the Board of
Directors of the La Porte Area Water Authority, to the positions
named, and for the term of office enumerated, to-wit:
.1
Director, position 1 (a resident qualified
voter residing outside the city limits of
La Porte, but within the boundaries of the
authority), Carey Burnley
Director, position 2 Albert Fields
(Directors, positions No. 1 and No.2 shall serve until
September 1, 1982, and until their successors have been appointed
and qualified.)
Director, position 3
Travis Doughty
Director, position 4
Susan Gilliland
.
Director, position 5
Jerry Bramlett
(Directors, Positions No.3, No.4, and No.5, shall serve
until September 1, 1983, and until their successors have been
appointed and qualified.)
Advisory Director
Jim Schindelwolf or
designate
Advisory Director
David L. Anderson
Section 2. The City Council officially finds, deter-
mines, recites and declares that a sufficient written notice
."
of the date, hour, place and subject of this meeting of the
City Council was posted at a place convenient to the public
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Ordinance No. l290-A, Page 2.
at the City Hall of the City for the time required by law
preceding this meeting, as required by the Open Meetings Law,
Article 6252-17, Texas Revised Civil Statutes Annotated; and
that this meeting has been open to the public as required by
law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally
acted upon. The City Council further ratifies, approves and
.
confirms such written notice and the contents and posting
thereof.
Section 3. Ordinance No. 1290, except as amended hereby,
shall remain in full force and effect.
Section 4. This Ordinance shall take effect and be in
force from and after its passage and approval.
PASSED AND APPROVED this the 16th day of December, 1981.
CITY OF LA PORTE
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By
~
r>1e za, Mayor \
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J. J.
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ATTEST:
~;;j1. h0it~)
_ y cr tary
.
APPROVED:
~z;j)~
Clty Attorney
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LA PORTE AREA EMERGENCY AMBULANCE CORPS BOARD
Kevin Graves
620 S. Virginia
471-6767
Paul FeIgner
10431 Collingswood
471-1312
Dennis Dunham
816 S. First
472-4892
Larry Coker
201 S. Third
471-0123
Robert Head
c/o Bayshore National Bank
P.O. Box 998
471-4400
John Albanese
10410 Rocky Hollow
471-4839
Charlie Perry
127 North Fourth
471-3126
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KNOX W. ASKINS, .J. D., P. C.
ATTORNEY AT LAW
702 W. F"AIRMONT PARKWAY
P. O. BOX /218
GAIL.J. HAMILTON..J, O.
ASSOCIATE:
LA PORTE. TEXAS 77571
TE:LE:PHONE:
713 471'1888
June 11, 1981
Secretar of State
Corporation ivision
Special Handlig
P. O. Box 12436 '
Austin, Texas 78711".....
Re: LA PORTE AREA EMERGENCY CORPS
Gentlemen:
I enclose herewith duplicate copies of Articles ~f Incorporation for
La Porte Area Emergency Corps, together with cashier1s check in
the amount of $35.00, payable to the order of Secretary of State,
representing $25.00 filing fee, $10.00 rush service.
Please file, and return the Certificate of Incorporation to me, when
issued.
Thank you for your kind assistance in this matter.
~;;;UIY'
Knox W. Askins
cc:
KWA: jm
Enclosures
Mr. James R. Hudgens, City Manager ~.
Hon. Mayor and City Council
CITY OF LA PORTE
P. O. Box 1115
La Porte, Texas 77571
t(Q)[?Y
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ARTICLES OF INCORPORATION
OF
LA PORTE AREA EMERGENCY CORPS
We, the undersigned natural persons of the age of eighteen years
or more, at least two of whom are citizens of the State of Texas,
acting as incorporators of a corporation under the Texas Non-Profit
Corporation Act, do hereby adopt the following Articles of Incor-
poration for such corporation:
ARTICLE ONE
The name of the corporation is "LA PORTE AREA EMERGENCY CORPS. II
ARTICLE TWO
The corporation is a non-profit corporation.
ARTICLE THREE
The period of its duration is perpetual.
ARTICLE FOUR
(1) The purpose or purposes for which the corporation is or-
ganized are: Subject to the restrictions and limitations hereinafter
set forth, to engage in all activities necessary, useful, or expedient,
through operative measures, to promote and further the health, safety,
and welfare of the residents of the La Porte area, by establishing,
operating and maintaining an emergency ambulance service.
(2) No part of the net earnings of the corporation shall inure
to the benefit of, or be distributable to its directors, officers,
or other private persons except that the corporation shall be author-
ized and empowered to pay reasonable compensation for services ren-
dered and to make payments and distributions in furtherance of the
purposes set forth herein.
No substantial part of the activities
of the corporation shall.be the carrying on of propaganda, or attempting
to influence legislation, and the corporation shall not participate
in, or intervene in (including the publishing or distribution of
statements) any political campaign on behalf of any candidate for pub-
lic office. Notwithstanding any other provision of these articles, the
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corporation shall not carryon any other activities not permitted to be
carried on (a) by a corporation exempt from Federal income tax under
section 501(c)(3) of the Internal Revenue Code of 1954 (or the corre-
sponding provision of any future United States Internal Revenue Law) or
(b) by a corporation, contributions to which are deductible under
section 170 (c) (2) of the Internal Revenue code of 1954 (or corre-
sponding provision of any future United States Internal Revenue Law).
(3) Upon the dissolution of the corporation, the Board of Direc-
tors shall, after paying or making provision for the payment of all
the liabilities of the corporation, dispose of all the assets of the
corporation exclusively for the purposes of the corporation in .such
manner, or to such organization or organizations organized and oper-
ated exclusively for charitable educational, religious, or scientific
purposes as shall at the time qual ify as an exempt organization or
organizations under section 501 (c) (3) of the Internal Revenue Code
of 1954 (or corresponding provision of any future United States
Internal Revenue Law), as the Board of Directors shall determine.
Any such assets not so disposed of shall be disposed of by the State
District Court of the county in which the principal office of the
corporation is then located, exclusively for such purposes or to such
organization or organizations, as said Court shall determine, which
are organized and operated exclusively for such purposes.
ARTICLE FIVE
The Corporation shall have no members.
ARTICLE SIX
The street address of the initial registered office of the cor-
poration is 604 West Fairmont Parkway, La Porte, Harris County, Texas
77571 and the name of its initial registered agent at such address
is J. J. MEZA.
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ARTICLE SEVEN
The number of directors constituting the initial board of direc-
tors of the corporation is three, and the names and addresses of the
persons who are to serve as the initial directors are:
KNOX W. ASKINS
702 W. Fairmont Parkway
La Porte, Texas 77571
JEAN MARTIN
702 W. Fairmont Parkway
La Porte, Texas 77571
GLADYS ROTH
702 W. Fairmont Parkway
La Porte, Texas 77571
ARTICLE EIGHT
The name and street address of each incorporator is:
KNOX W. ASKINS 702 W. Fairmont Parkway
La Porte, Texas 77571
JEAN MARTIN 702 W. Fairmont Parkway
La Porte, Texas 77571
GLADYS ROTH 702 W. Fairmont Parkway
La Porte, Texas 77571
IN WITNESS WHEREOF, we have hereunto set our hands, this the
il ~ day of June, 1981.
KNOX W.
~z::J.
#- -.~ ~~~
JEAN MARTIN
~DY~
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THE STATE OF TEXAS S
S
COUNTY OF HARRIS S
I,
Kim R. Beckman
certify that on this I It!-
-
,
a Notary Public, do hereby
day of June, 1981, personally appeared
before me KNOX W. ASKINS, JEAN MARTIN and GLADYS ROTH, who each
being by me first duly sworn, severally declared that they are the
persons who signed the foregoing document as incorporators, and that
the statements therein contained are true.
day and year above written.
IN WITNESS WHEREOF, I have hereunto set my hand and, seal the
",'"11"",
"~"~I'"~ ~ 'I PIJ,"II".
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Notary Pub11c 1n and for
Harris County, Texas
KIM R, BECKMAN
Notary Public in and for the State of Texas
My Commission Expires: October 9,1984
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ARTICLE III
Officers
Section 1. PRESIDENT: The President shall be the Chief Execu-
tive Officer of the corporation.
He shall preside at all meetings
of the Board of Directors. He shall have power to appoint all stand-
ing commi ttees herein or hereinafter created, other than the Execu-
tive Committee and the Nominating Committee.
Section 2. VICE PRESIDENT:
In the absence of the President,
the Vice President shall assume the duties of the President.
Section 3. IMMEDIATE PAST PRESIDENT:
Whenever the President
shall be succeeded by a newly elected President, the outgoing Presi-
dent shall be an officer of the corporation, designated as Immediate
Past President, and his term of office shall be the same as the term
of office of the President who replaced him. In the absence of both
the President and Vice President at any Board ~eeting, the Immediate
Past President shall serve as presiding officer at such duly called
Board Meeting.
Section 4. SECOND VICE PRESIDENT: The Board of Directors may,
at the discretion of the Board of Directors, elect a Second Vice
President at any duly called meeting for the election of officers.
If so elected, his term of office shall be the same as that of the
Vice President, unless sooner terminated by the Board. The Second
Vice President may, but need not be a member of ~he Board of Direc-
tors, but if not a member of the Board of Directors, he shall not
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have any vote at any meeti,ng of the Board of Directors.
In the
absence of the President, Vice President and Immediate Pa~t President,
the Second Vice President shall serve as presiding officer at any_
duly called meeting of the Board.
Section 5. SECRETARY: The Secretary shall attend all meetings
of the Board of Directors and of the Executive Committee, and shall
preserve in books of the corporation through Minutes of the proceed-
ings of all such meetings.
The Secretary shall give ~ll Notices
required by Statute, Bylaws and all Rules of the Board of Directors.
He shall perform such other duties as delegated to him by the Board
of Directors or by the Executive Committee.
Section 6. TREASURER: The Treasurer shall have custooy of all
corporate funds and securities and ~hall keep in books belonging to
the corporation full and accurate accounts of all receipts and dis-
bursements: he shall deposit all monies, securities and other valua-
-
ble effects in the name of the corporation in such depositories as
may be des ig na ted for the purpose by the Board of Direc tors.- He
shall disburse the funds of the corporation as may be authorized or
ordered by the Board, taking proper vouchers for such disbursements,
and shall render to the President and Directors, at the regular meet-
ings of the Board, and whenever requested by them, an account of all
his transactions as" Treasurer and of the financial cond i tion of the
corporation. He shall, if required by the Board, deliver to the
President of the corporation, and, keep in force a bond, in form,
amount and with surety or sureties satisfactory to the Board, con-
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ditioned on faithful performance of the duties of his office, and for
restoration, to the corporation in case of his death, resignation,
retirement, or removal from office, all books, papers, vouchers,
monies and property of whatever kind which have been entrusted' to'
him or put under his control belonging to the corporation. The
Treasurer shall, upon'completion of his annual term of office, sub-
mit a final accounting of the books and funds of the corporation in
a manner determined by the Board of Directors~ '
Section 7. ASSISTANT TREASURER: An Assistant Treasurer may
be elected by the Board of Directors at any duly called meeting for
the election of Officers, and the term of office of the Assistant
Treasurer shall be for such time until replaced by another duly
elected Assistant Treasurer at any duly called meeting of the Board
of Directors. The Assistant Treasurer need not be a member of the
Board of Directors, and shall not be considered an Officer of the
Corporation. When specifically authorized by the duly elected Treas-
urer, he shall perform any duties. which might otherwise be perf~rmed
by the Treasurer. The Assistant Treasurer shall report direct to
the Treasurer and shall work under the direction and control of the
Treasurer insofar as his duties as Assistant Treasurer are concerned.
Section 8. TERM OF OFFICE: Unless otherwise stated in ARTICLE
III, the term of office of all officers designated in this ARTICLE
III shall end at the close of the first Annual Meeting following
the date of their election to office. Nothing herein however shall
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be construed to 1 imi t the ryumber of terms or successive terms of
office for which any officer may be elected or appointed to serve
by the Board of Directors.
ARTICLE IV
Board of Directors
Section 1. NUMBER AND RESPONSIBILITIES OF DIRECTORS: The
business and management of the property and affairs of the.corporation
shall be the responsibility of the Board of Directors. The Board of
Directors shall be composed of not less than three (3), nor more than
nine (9) persons, the exact number to be fixed from time to time by
the Board of Directors at any duly convened meeting 9f the Board of
Directors. The Immediate Past President shall serve as a Director
for one (1) year after being succeeded in the office of President,
unless he shall have been duly elected to the Board of Directors
for a longer term~
The duly appointed Ci ty Manager of the Ci ty of La Porte shall
Qe a non-voting "Ex Officio" member of the Board of Directors of
this corporation and his term of office shall coincide .with his
tenure of office as City Manager.
At any duly convened meeting of the Board of Direc tors, upon a
two-thirds (2/3) majority vote of the voting members of the Board,
voting in person or by proxy, may elect one or more non-voting "Ex
Officio" members to the Board of Directors. Such "Ex Officio" mem-
ber shall have the same tenure of office as other duly elected
voting members of the Board of Directors.
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Section 2. TERM OF OFFICE:
The term of office of persons
serving on the Board of Directors, either as -.voting or "Ex Officio"
members of the Board of Directors as of the date of adoption o(
these Bylaws by the Board of Directors shall expire at the close of
the annual meeting to be held in December. The term of office of any
Director hereinafter elect~d shall commence on the date of his elec-
tion to the Board of Directors and shall end at the close of the
annual meeting first following the date when such Director will have
served for three (3) full years.
Nothing herein shall be construed to limit the number of terms
or consecutive terms during which a Director may serve.
Section 3. ORGANIZATION SESSION OF THE BOARD: At the place of
holding the regular annual meeting of the Board of Directors, and
immediately following the completion of all other business at hand,
the new Board of Directors shall convene for the purposes of electing
:
the President, Vice President, Secretary and 'rreasurer to serve for
the ensuing year, and at such organization session sa id new Board
of Directors may elect any other officers provided for under the
Bylaws, as amended up to the commencement of the organizational
session of said annual meeting.
Section 4. ELECTION OF OFFICERS:
At the Organization Meeting
of the Board of Directors referred to in Section 3 above, the "new"
Board of Directors shall elect from the voting membership of the
Board, a President, a Vice President, a Secretary and a Treasurer.
The "new" Board of Directors may elect a Second Vice President, who
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may, but need not be a member of the Board of Directors. The "new"
Board of Directors may also elect or appoint such oth~r officers
and agents as the "new" Board may deem necessary for the transactio~
of business of the -corporation and, in making such elections or
appointments, the nnew" Board shall designate the responsibilities
and duties of each officer or 'agent. Such other officers or agents
may, but need not be members of the Board of Directors, but any
such officer or agent elected or appointed by the "new" Board of
Directors who is not a member of the Board of Directors shall have
no vote in the direction, management or control of the business of
the corporation.
Section 5. ANNUAL AND REGULAR MEETINGS OF THE BOARD: The
annual meeting of the Board of Directors shall be held in December,
or as soon thereafter as possible.
Regular meetings of the Board
of Directors shall be held once in each other month of the calendar
year.
Section 6. SPECIAL MEETINGS OF BOARD: Special meetings of the
Board of Directors may be called by the Pres ident, or in his absence
from the city by the Vice President, at any time, ~y means of such
notice to each Director of the time, place and purpose th$reof as
the President or Vice President in his discretion may deem sufficient.
Section 7. QUORUM OF DIRECTORS:
At any duly convened meeting
of the Board of Directors, a majori ty of the duly elected Dir~ctor's
shall constitute a quorum. Except as provided in Sections 1, 9 and 10
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of this Article IV, a majority vote of the Directors present and
voting at any meeting having a quorum shall be controlling on any
matter of business before the Board at such meeting.
Section 8. ELECTION OF DIRECTORS: Vacancies on the Board of
Directors, other .than those arising through the normal expiration
of the term of any Director as provided for herein, may be filled
at any time by election made by the City Council of the City of
La Porte.
Vacancies on the Board of Directors which will arise at the
close of any annual meeting by reason of the expiration of the term
of office of any Director shall be filled, through election made
by the City Council of the City of La Porte.
Nominations for Directors to fill any vacancies shall be made
in a manner prescribed by and announced by the President (or other
then presiding officer) at or before the commencement of any meet-
ing wherein a Director is to be elected.
Section 9. REMOVAL OF DIRECTORS, OFFICERS AND AGENTS:. Any
officer or agent, not a member of the Board of Directors, may be
removed by a majority vote of either the Board of Directors or the
City Council of the City of La .porte, at any duly convened meeting
whenever in the judgment of the Board or the City Council the best
interests of the corporation will be served thereby.
When in the judgmen t of the Board of Directors or the Ci ty
Council of the City of La Porte, the best interests of the corpor-
ation will be served thereby, the term of any member of the Board
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of Directors may be terminated, provided such termination be approved
by two-thirds (2/3) of the entire membership of the Board of Direc-
tors voting in presence or by proxy, in the manner provided for in
connection wi th Amendment of the Bylaws, or by a majori ty vote of
the La Porte City Council.
Section 10. POWER TO MAKE OR ALTER BYLAWS:
The Board of
Directors shall have power to make or alter any Bylaw or Bylaws;
provided, however, any such Bylaw or Bylaws shall have the prior
approval of the City Counc il of the City of La Porte, expressed by
passage of an Ordinance approving same; and, provided, further, that
such Bylaws amendments or changes thereto be presented in wri tten
form to each Director at least fifteen (15) days prior to any meet-
ing, other than an annual meeting, at which the vote on such changes
shall be taken, and provided further that notice of such Note on
amendment of the Bylaws is included in the Notice of such meeting.
The above provision however shall not in any ~ay limit the power of
the Board of Directors to make, alter or amend these Bylaws at any
annual meeting, if in the call for such annual meeting' notice is
given that a vote on amendment or changes of the Bylaws will be
taken.
Arty Director not present at any meeting duly called to consider
amendments of the Bylaws may vote on such amendment by written proxy,
setting forth his vote on any such amendment, delivered to the Pres-
ident or Vice President before the commencement of any me~ting con-
sidering such amendment, provided such vote by proxy is duly entered
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into the minutes by the Secretary. Any proposed amendment of the
Bylaws must be approved by a two-thirds (2/3) vote of the members
of the Board of Directors, voting in presence, or by proxy, at said
meeting.
Section 11. POWER TO REQUIRE BONDS: The Board of Directors
may require any off icer or agent to file with the corporation a
satisfactory bond conditioned for faithful performance of his duties,
the premium for said bond to be paid by the corporation.
Section 12. POWER TO BORROW MONEY: The Board of Directors
shall have full power and authority to borrow money whenever in the
discretion of the Board of Directors the exercise of said power is
required in the interests of this corporation, and in such case the
Board of Directors may authorize the proper officers of this corpor-
ation to make, execute and deliver in the name and behalf of this
corporation such notes and other evidences of indebtedness as said
Board shall deem proper.
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Section 13. DELEGATION OF POWER: For any reason deemed suf-
ficient by the Board of Directors, whether occasioned by absence
or otherwise, the Board may delegate all or any of the powers and
duties of any officer to any other officer or director, but no officer
or director shall execute, acknowledge or verify any instrument in
more than one capacity.
Section 14. COMMITTEES: The Board of Directors
power to appoint by resolution, an Executive Committee.
shall have
The Execu-
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tive Commi ttee shall be under the Chairmanship of the President and
shall consist of the elected officers who are members of the Board
of Directors and the City Manager of the City of La'Porte; provided,
however, that at his option the President may appoint one ad~itional
member of the Executive Commi ttee from the Board of Direc~ors. The
Executive Commi ttee, by resolution of the Board of Direc,tors, shall
have and exercise the authori ty of the Board in the management of
the corporation. However, the Executive Committee shall r:eport its
activities at each regular meeting of the Board.
The said Board shall also have the power to provide for other
commi ttees, wi th such terms,' powers and duties as may be assigned
and delegated.
Section 15. COMPENSATION: The Directors and all officers who
are members of the Board qf Directors shall serve without compensa-
.
tion. Compensation for other corporate officers, agents and employees
shall be fixed by the Board of Directors.
"
Section 16. ACTION BY UNANIMOUS CONSENT:
If and when all of
the Directors shall severally or colle~tively unanimously consent
in writing to any action to be taken by the corporation, such action
shall be as valid corporate action as though it had been authorized_
at a meeting of the Board of Directors.
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ARTICLE V
Voting and Election Procedure for Officers
Section 1. NOMINA'fING COMMITTEE: At the last regular meeting
preceding each annual meeting of the Board, a Nominating Committee
shall be elected by the Board, which shall consist of not more than
five (5) persons, at least three (3) of whom shall be voting members
of the Board of Directors.
Section 2. NOMINATION OF OFFICERS: At the organizational session
of the next annual meeting of the Board of Directors, said Committee
shall submit to the Board of Directors a list of qualified nominees
for each office in the corporation wherein a vacancy will exist at
the close of said annual meeting ~nder the provisions of these Bylaws.
Said Nominating Committee, at its ~iscretion, may nominate one or
more persons for each position in which a vacancy will occur, but no
name shall be placed in nomination by the Nominating Committee
unless the consent of the prospective nominee has been theretofore
secured. After the report of the Nominating Commi t tee has. been
made, any voting member of the Board of Directors may make nominations
from the floor, but no such nomination from the floor shall be con-
sidered unless there is a seconding of the nomination so made.
Section 3. ELECTION OF OFFICERS: The Officers to fill the_
offices wherein a vacancy will exist by the end of the Annual Meet-
ing shall be elected by secret ballot, by the voting members of the
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"new" Board of Directors present at the organizational session of
the Annual Meeting of the Board, of Directors as set forth in Article
IV, Sections 3 and 4 above. The nominee receiving the highest number
of votes for any particular off ice to be filled shall be declared
the elected officer for that position. The President or other pre-
siding officer at such Annual Meeting shall abstain from voting on
any nominee for office except to break a tie vote for any particular
office'to be filled.
ARTICLE VI
Meetings; Conduct of Business; etc.
Section 1. PLACE OF MEETINGS: All business meetings of the
corporation shall be held at the City Hall, City of La Porte, Texas,
unless a different place of meeting is designated by the president
or Vice President and so stated in the notice thereof.
Section 2. ANNUAL AND REGULAR MEETINGS:. The Annual Meeting
of the Board of Directors shall be held each year on the second
Wednesday in December, or as soon thereaf~er as possible.
Regular meetings of the Board of Directors shall be held on
the second Wednesday of each month, except December, or as soon
thereafter as possible, and shall commence at 12:00 Noon, unless
a different date or time for commencement of the regular meeting-
is fixed by the President or Vice President, and five '(5) days
notice of such change in time or place given to each Officer and
Director of -the corporation.
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-Section 3. NOTICE OF ANNUAL OR REGULAR MEETINGS:
At least
ten (10) days prior to the date fixed for the holding of the annual
meeting of the Board of Directors written notice of the time, place
and purposes of such meeting shall be mailed, as hereinafter provided,
to each member of the Board of Directors and to the other Officers
of the corporation.
Only five (5) days notice need be given to the Directors and
Officers in regards any regular or special meeting of the Board of
Directors, and such notice may be given in wr i ting or in person or
by telephone.
Section 4. DELAYED ANNUAL MEETING: If, for any reason, the
annual meeting shall not be held during December, such meeting shall
be called and held as a special meeting. The same proceedings may
be had thereat as at an annual meeting, and the notice of such meet-
ing shall be the same as herein required for the annual meeting.'
Section 5. NO'rICE AND MAILING: All wri tten notices required
to be given by any provision of these Bylaws shall state the authority
pursuant to which they are issued (as, "'By Order of the President,"
or "By Order of the Board of Directors," as the case may be) and shall
bear the written,' stamped, typewritten or printed signature of the
Secretary or Assistant Secretary.
Every notice shall be deemed
served when the same has been depos i ted in the Un i ted Sta tes Ma il,
wi th postage fully prepaid,
his last address appearing
plainly addressed
upon the records
to the
of the
addressee at
corporation.
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Section 6. The fiscal year shall begin October 1.
Sect ion 7. CHECKS, ETC.:
All checks,. drafts and orders for
the payment of money shall be signed in the name of the corporation
by the President or Treasurer, and by joint signature of the Ci ty
Manager of the Ci ty of La Porte, or h'is designee.
Section 8. CONTRACTS, .CONVEYANCES, ETC.:
Upon the execution
of any contract, conveyance or other instr~ment, which has been
authorized by the Board, it shall be duly signed, in the name of and
on behalf of the corporation by the President or the Vice President,
and attested by the Secretary or Assistant Secretary.
Section. 9. The terms "Director," "Officer," "he" or "him" when
used herein shall equally refer to the feminine as well as the mas-
culine gender.
* * * * *
I,
,
President ot LA PORTE
"
AREA EMERGENCY CORPS, hereby cetify that the above Bylaws were
approved and adopted by a two-thirds (2/3) vote of all members of
the Board of Directors of LA PORTE AREA EMERGENCY CORPS on the
day of July, 1981.
President
ATTEST:
Secretary
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Minutes, Joint Public Hearing and Regular Meeting
October 21, 1981, Page 4
11. Council considered the recommendation from Jerry Hodge con-
cerning bids received on brass fittings.
Hodge reported the City received bids from six (6) suppliers
for 96 items. Attached is an evaluation sheet showing the
unit and extended cost of each item by bidder. Hodge recom-
mended alternate two (2), whereby the bid would be awarded
to Western Pipe and Utility Supply. The total cost would be
forty thousand nine hundred, seventy-five dollars and thirty-
five cents ($40,975.35).
A motion was made by Councilperson Faris to award the bid for
brass products to Western Pipe and Utility Supply in the
amount of $40,975.35. Seconded by Councilperson Malone.
The motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Malone, Longley, Faris, Kibodeaux,
Simons, Gay, Skelton, Westergren and Mayor Meza
Nays: None
12.
Mayor Meza recognized Rita Zaborowski, who submitted pictures
of the Girls' Softball Association concession stand in Lomax
and read a letter addressed to the Mayor and City Council.
The letter from James Wilcox, Association Commissioner, is a
part of these official minutes. In addition to the letter
Zaborowski reviewed the progress the Association has ,made over
the years.' She noted the low registration fees and stated
they would 'like to be able to keep it that way. She asked
Council how they stood on this question of appropriating funds
for a concession stand. Mayor'Meza advised Zaborowski the
Council was waiting for a report from Park Director Stan Sher-
wood, who is out of town at present. The entire Council is
supportive of all, the youngsters in the community and will do
whatever the Council can to help and are looking forward to
a report from Sherwood at the November 11, 1981, workshop.
City Council considered the recommendations submitted by Mayor
Meza to the Fire Code Revision Committee:
13.
Paul Hickenbottom
Joe Sease
Jerry Hodge
David paulissen
Jim Hudgens
Greg Yakim
Robert Byers
Wilson Dugger
Mark Williams
James Sitton
- Fire Marshal
- Fire Chief
- Dir. Public Works
- Chief Bldg. Insp.
- City Manager
- Project Manager
- Industry
- Retail Manager
- Professional
- School
- 521 S. ,3rd
- 902 S. 3rd
- 500 S. Ohio
- 821 S. Second
- 721 S. 6th
- 3711 Roseberry
- 10315 Old Orchard
- 10306 Antrim
- 10410 Rustic Rock
- 10706 North P Street
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Minutes, Joint Public Hearing and Regular Meeting
October 21, 1981, Page 5
Al Fields
Ellis Ebarb
Morris Rose
Tom Handy
Delbert Walker
- Banking
- Builder
- Builder
- Insurance
Chamber of
- 10303 Rustic Rock
- 5113 Meadowcrest
- 921 Seabreeze
- 10003 .Carlow
Commerce- 11438 North P Street
Alternate Members:
Kevin Graves
Car los Smi th
- 620 S. Virginia
- 1003 East D Street
Motion was made by Councilperson Faris to approve and appoint
the persons whose names have been submitted to the Fire Code
Revision Committee. Seconded by Councilperson Simons.
The motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Malone, Longley, Faris, Kibodeaux,
Simons, Gay, Skelton, Westergren and Mayor Meza
Nays: None
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14. City Attorney Askins read a Cooperative Agreement with the
Harris County Community Development Agency. An invitation has
been extended .to the City of La Porte to joint Harris County
in the Community Development Block Grant Program for fiscal
years 1982, 1983 and 1984.
A motion was made by Councilperson. Simons to authorize the
Mayor and City Secretary to sign the Cooperative Agreement and
join '; Harris County. in the Community Development Block Grant
Program for 1982, '83 and '84. Seconded by Councilperson
Kibodeaux. .
The motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Malone, Longley, Faris, Kibodeaux,
Simons, Gay, Skelton, Westergren and Mayor Meza
Nays: None
15. Council considered appropriating funds from the Capital Im-
provement Contingency to signalize the intersection of West
Main at 16th Street. Harris County Engineering Department
submitted the estimated cost to signalize the intersection
using three choices as follows:
1. Wood poles - estimated cost $28,000
2. Steel Strain poles - estimated cost $44,000
3. Classic steel cantilever poles - estimated cost $54,000
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FIRE PREVENTION
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CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
TO: JACK OWEN, CITY MANAGER ~ DATE: 1~24~84
-FROM: PAUL R. HICKENBOTTOM, FIRE MARSHAL ~~f?~~
SUBJECT: FIRE CODE REVIEW COMMITTEE MEMBERS
On November 2, 1983, the new 1983 La Porte Fire Code was adopted by Ordinance
#1388. With the passing by Council of this Ordinance, came" the requirement
that the Fire Code Review Committee members be realigned by District, rather
than all at large as had been the practice in the past.
Please find attached a copy of Article 36, Division 1, Section 36.1 of the 1983
La Porte Fire Code which outlines the composition, appointment, term and duties
of committee members.
Please also find attached a list of current members who are willina to be
reappointed to the Fire Code Revi"ew Committee. As you can see, there are some
districts with no current members and other di"stricts with several current
members. As stated in Article 36, the at large Council members and Mayor can
pick their representative if they desire from a district which has more than
one person willing to serve.
If I can be of further assistance, please contact me.
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NAME ADDRESS DISTRICT
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ROBERT BYARS 10315 OLD ORCHARD 3
AL FIELDS 10303 RUSTIC ROCK 3
MORRIS ROSE 921 SEABREEZE 5
TOM HANDY 3105 OLD HICKORY 3
DELBERT ~JALKER 11438 NORTH "P" STREET 1
H. CARLOS SMITH 1003 EAST "D" STREET 5
ELLIS EBARB 5113 MEADOWCREST 3
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ARTICLE 36. FIRE CODE REVIEW COMMITTEE
DIVISION 1 GENERAL
SEC. 36.1 Fire Code R~view Board Established; Composition;
Appointment; Term; Meetings; Duties of Board; Quorum Constituted;
Filling Vacancies
There is hereby established a Fire Code Review Board which
shall consist of nine (9) voting members and three (3) ex-officio
members.
The voting members of the Fire Code Review Board shall be
appointed as follows:
(1) The councilpersons representing the following districts,
1, 2, 3, 4, 5 and 6, shall each appoint one (1) member. Said
members shall reside in that respective councilperson's district.
(2) The councilpersons representing the following districts,
At Large - Position A and At Large - Position B, shall each appoint
one (1) member. Said members shall reside in La Porte
(3) The Mayor shall appoint one (1) member. Said member shall
reside in La Porte.
The three (3) ex-officio non-voting members shall be:
(1) The Fire Chief, or his duly authorized Fire Department
representative.
(2) The Fire Marshal, or his duly authorized Fire Prevention
Bureau representative.
(3) The Chief Building Official, or his duly authorized Code
Enforcement representative.
The chairman and vice-chairman of this board shall be elected
by the voting members of the board and shall be voting members only.
The Fire Marshal shall be the Secretary to the Fir~ Code Review
Board. It shall be his duty to post notices of meetings, keep
minutes and all correspondence of the Board, or any other duties as
may be assigned by the Board.
The term of office for the Fire Code Review Board shall be
two (2) years in length or until a successor is appointed and
qualified.
A quorum of the Fire Code Review Board shall be required to
hold any meetings. A quorum shall be five (5) voting members present.
The Chairman shall request replacement for any member who has
missed three (3) consecutive posted meetings without being excused.
Whenever any position on the Board shall become vacant by
reason of death, resignation or removal, the Chairman will notify
the Mayor of the City of La Porte and appointments shall be made
from the proper district for the unexpired term of the member being
replaced.
Regular meetings of the Board shall be held on the second
Thursday of each month to consider variances as required. All
other meet~ngs shall be called by the Chairman as deemed necessary.
The duties of the Fire Code Review Board shall be to consider
variances, to interpret the provisions of the fire code, to recom-
mend changes in the fire code, to hear appeals from decisions of
the Fire Chief or Fire Marshal. The Fire Code Review Board shall
submit an annual report to City Council of actions taken bv the
Board during the preceding year, together with any recommendations
to amend the City of La Porte Fire Code.
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ORDINANCE NO.
1144A
AN ORDINANCE AMENDING THE LA PORTE FIRE CODE, ORDI-NANCE NO.
1144, BY AMENDING ARTICLE 36, FIR~ CODE REVIEW COMMITTEE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING
AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Article 36:
Fire Code Review Committee of
the La Porte Fire Code, Ordinance No. 1144 of the Ordinances
of the Ci ty of La Porte, Texas, is hereby amended and here-
after shall read as follows:
(
"Article 36: Fire Code Review Committee
"Division~: General
"Section 36-1 Fire Code review board established; composition;
appointment; term; meetings; duties of board;
quorum constituted; filling of vacancies.
"There is hereby established a fire code review board
..;.
which shall consist of fifteen (15) members. Such members shall-
be appointed by the mayor, with the approval of the city council
and shall be composed of the following:
"(a) Position 1 by the fire marshal of the City of La Porte
or his duly authorized representative.
"(b) Position 2 by the fire chief of the City of.La Porte
or his duly authorized representative.
" (c) Position 3 by the director of public works of the,
/ City of La Porte or his duly authorized representative.
II (d) Position 4 by the chief building inspector of the
City of La Porte or his duly authorized representative.
"(e) Position 5 by the ci ty manager of the City of La Porte
or his duly authorized representative, who shall be the chair-
man.
"(f) Positions 6 through 15, both inClusive, shall be
filled by ten (10) registered voters who are residents of the
City of La Porte.
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Ordinance No. ll44A
, Page 2.
"Nine (9) members at a meeting shall constitute a ~uorum.
"The legal department shall have an attorney available
to advise the board on legal ma tters relative to topics under
board jurisdiction.
"The fire marshal or his duly authorized representative
shall be the secretary of the board.
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"The teims of all members of the board shall be of two (2)
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years in ~eng~~ or until a successor is appointed and qUqlified.
"~';henever any posi tion on the board becomes vacant by
reason of d~ath, resignation, or removal, the mayor shal~, with
the approval of the city council, appoint another qualified
person to tl:1e vacant posi tion, and such appointment shall be
for the unexpired term of the member being replaced.
"The duties of the fire code review board shall be: To
.
recommend changes in the ftre code; to interpret the provisions
of the fire code; to hear appeals from decisions of the fire
chief or fire marshal; and in cooperation with the fire marshal,
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to submit an annual report to the mayor and city council con-
taining a summary of the actions of the fire code review board
during the preceding year together with recommendations for
amendments to the fire code."
Section 2. Except as hereby amended, all remaining pro-
visions of the City of La Porte Fire Code shall remain in full
force and effect.
Section 3. This Ordinance shall take effect and be in
force from and after its passage and approval.
Section 4. The City Council officially finds, deter-
mines, recites and declares that a sufficient written notice
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Ordinance No. ll44A
, Page 3.
of the date, hour, place and subject of this meeting of the
City Council was posted at. a place convenient to the public
a t the Ci ty Hall.: of ..the Ci ty . 'for. . the '. time.. required by'''law
preceding this meeting, as required. by the Open Meetings Law,
Article 6252-17, Texas Revised Civil Statutes Annotated; and
that this meeting has been open to the public as required by
law at all times during which this ordinance and the subject
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matter thereof has been discussed, considered and formally
acted upon. The City Council further ratifies, approves and
~onfirms such written notice and the contents and posting
thereof.
PASSED AND APPROVED this the 16th day of September, 1981.
CITY OF LA PORTE
~T G --A _ _
J. J. Meza, Mayorl
ATTEST:
~i/; d ceJ.1A-a/
~cretary
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APPROVED: ~
ad ~t!: J .
City Attorney
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Products" (Reid Method) ASTM D323-55.
** Note: See individual articles for additional definitions.
ARTICLE 36: FIRE CODE REVIEW COMMITTEE
DIVISION 1: GENERAL
SEC. ]6.1 Fire Code ~eview Board Established: Composition:
Apoointment: Term: Meetings: Dut~es of Board: Quorum Constituted:
Fillinq Vacancies
There is hereby established a Fire Code Review Board which
shall consist of nine (9) voting members and three (3) ex-officio
members.
The voting members of tne Fire Code Review Board shall be
appointed as follows:
(1) The counci1persons representing the following districts,
1, 2, 3, 4, 5 and 6, shall each appoint one (1) member. Said
members shall reside in that respective counci1person's district.
(2) The counci1persons representing the following districts,
At Large - Position A and At Large - Position B, shall each appoint
one (1) member. Said members shall reside in La Porte
(3) The Mayor shall appoint one (1) member. Said member shall
reside in La Porte.
The three (3) ex-officio non-voting members shall be:
(1) The Fire Chief, or his duly authorized Fire Department
representative.
(2) The Fire Marshal, or his duly authorized Fire Prevention
Bureau representative.
(3) The Chief Building Official, or his duly authorized Code
Enforcement representative.
The chairman and vice-chairman of this board shall be elected
by the voting members of the board and shall be voting members only.
The Fire Marshal shall be the Secretary to the Fire Code Review
Board. It shall be his duty to post notices of meetings, keep
minutes and all correspondence of the Board, or any other duties as
may be assigned by the Board.
The term of office for the Fire Code Review Board shall be
two (2) years in length or until a successor is appointed and
qualified.
A quorum of the Fire Code Review Board shall be required to
hold any meetings. A quorum shall be five (5) voting members present.
The Chairman shall request replacement for any member who has
missed three (3) consecutive posted meetings without being excused.
Whenever any position on the Board shall become vacant by I
reason of death, r7signation o~ r.emova1, t~e Chairman will notifY~._ .:
the Mayor of the C~ty of La Porte and appo~ntrnents shall be made I .
from the proper district for the unexpired term of the member bei I
rej;llaced.
Regular meetings of the Board shall be held on the second
Thursday of each month to consider variances as required. All
other meetings shall be called by the Chairman as deemed necessary.
The duties of the Fire Code Review Board shall be to consider
variances, to interpret the provisions of the fire code, to recom-
mend changes in the fire code. to hear appeals from decisions of
the Fire Chief or Fire Marshal. The Fire Code Review Board shall
submit an annual report to City Council of actions taken by the
Board during the preceding year, together with any recommendations
to amend the City of La Porte Fire Code.
(498)
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...~. '. .. ::.'.,'".. .............::..~ --:',"..:".. "::.:':":': :"~'" ..' " .
.'~ ',:.:':';~;;~:~~,;.:,:.:..: ~"::.~.L;.;:'.~.~:~~:::L:.".~::;"'::~~~3:::::',~:':::.;:,:~::...~':':. ~.:::;::.L,.~:::.:'<.:.:'. :,.:~::.,.. :, ',' .." . '. .,:....... <" . ...... ,'......, ". " , '.... :.,.. . '.", . '.' " ", '''. ;:....". "':,".'"'~'., ....,.. .,....:., ,"...io.....<..
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MEMORANDUM
October 13, 1981
TO:
City Council
e
FROM:
Mayor Meza
SUBJECT: Suggested Fire Code Revision Committee Members
The following is a listing of individuals I think would
make excellent committee members. Please give them your con-
sideration. We will discuss the appointments at a future work-
shop.
Paul Hickenbottom Fire Marshal 521 S. Third
Joe Sease Fire Chief 902 S. Third
Jerry Hodge Dir. of Public Works 500 S. Ohio
David Paulissen Chief Building Off. . 821 S. Second
Jim Hudgens City Manager 721 S. Sixth
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In accordance with the provisions of the Fire Code Ordinance,
the following list of qualified registered voters in the City'of
La Porte is also submitted.
t.
Gregg Yakim Project Manager 3711 Roseberry
Robert Byers Industry 10315 Old Orchard
Wilson Dugger Reta i1 t-tanager 10306 Antrim
!-ta. J;'k \'i i 11 i..l::ls Professional 10410 Rustic Rock
James 'Sitton School 10706 North P
Al Fields Banking 10303 Rustic Rock
Ellis Ebarb Builder 5113 Meadowcrest
Morris Rose Builder 921 Seabreeze
Tom Handy Insurance 10003 Carlow
Delbert Walker Chamber of Corrunerce 11438 North P
II
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2
Alternates:
Kevin Graves
620 S. Virginia
Carlos Smith
Engineer
1003 East 0
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J. J. Meza
JJM/cb
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LA PORTE INDUSTRIAL DEVELOPMENT CORPORATION
Virginia Cline
328 S. Blackwell
La Porte, TX 77571
471-0837
President
W. R. Springall
2713 Crescent View
La Porte, .TX 77571
471-1456
- Vice President
Jerry Dennis
10418 North "P"
La Porte, TX 77571
471-5720
- Secretary/Treasurer
Lois Compton
307 S. First
P.O. Box 54
La Porte, TX 77571
471-1576
John Longley
9826 Shell Rock
La Porte, TX 77571
471-4900
Robert A. White
403 S. Fourth
La Porte, TX 77571
471-3355
Jack Lawler
Box 100
1400 North lOth
La Porte, TX 77571
471-0129
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RESOLUTION 82-10
A RESOLUTION AUTHORIZING THE CREATION OF THE CITY OF LA PORTE
INDUSTRIAL DEVELOPMENT CORPORATION AS AN INSTRUMENTALITY OF THE
CITY OF LA PORTEi AND CONTAINING OTHER PROVISIONS RELATING TO
THE SUBJECT.
WHEREAS, the Development Corporation Act of 1979, Article
5190.6, Vernon's Annotated Texas Civil Statutes, as amended (the
"Act"), authorizes the creation and administration of industrial
development corporations to act on behalf of cities, counties and
conservation and reclamation districts in the promotion and
development of commercial, industrial and manufacturing enter-
prises to promote and encourage employment and the public welfarei
and
WHEREAS, the. Act authorizes cities, counties and conserva-
tion and reclamation districts to utilize an industrial develop-
ment corporation to issue obligations and bonds on behalf of the
sponsoring city, county or conservation and reclamation district
to finance projects promoting and developing commercial, indus-
trial and manufacturing enterprisesi and
WHEREAS, three natural persons, each of whom is at least
eighteen years of age and a qualified elector of the City of
La Porte (the "Unit"), have filed with the City Council (the
"Governing Body") of the Unit of a written application (the
"Petition") requesting that the Unit authorize and approve the
creation of the CITY OF LA PORTE INDUSTRIAL DEVELOPMENT CORPOR-
ATION (the "Corporation") and approve the Articles of Incorpora-
tion and Bylaws to be used in creating the Corporationi and
WHEREAS, the Corporation has been or will be created and
organized as a Texas nonprofit corporation, pursuant to the
provisions of the Act, for such limited purposesi and
WHEREAS, the Governing Body of the Unit has reviewed and
approved the petition and the Articles of Incorporation and
Bylaws and has determined to authorize and approve the creation
of the Corporation, a not-for-profit entity, as its constituted
authori ty and instrumentali ty to accomplish the specific public
purpose of the promotion and development of commercial, indus-
trial and manufacturing enterprises to promote and encourage
employment and the public welfare; NOW, THEREFORE;
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Resolution 82-10, page 2.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. That the Corporation is hereby authorized and
approved for creation as an industrial development corporation
under the provisions of the Act.
Section 2. That the Corporation is hereby designated as
the duly constituted authority and instrumentality of the Uni t
(wi thin the meaning of those terms in the regulations of the
Uni ted States Department of Treasury and the rulings of the Internal
Revenue Service prescribed and promulgated pursuant to Section
103 of the Internal Revenue Code of 1954, as amended) and shall
be authorized to act on behalf of the Unit for the specific public
purpose of the promotion and development of commercial, industrial
and manufacturing. enterprises to promote and encourage employment
and the public welfarei but the Corporation is not intended to be
and shall not be a political subdivision or a political corporation
within the meaning of the Constitution and the laws of the State
of Texas (th,e "State"), including, without limitation, Article
III, Section 52 of the State Constitution, and the unit does not
delegate to the Corporation any of its attributes of sovereignty,
including the power to tax, the power of eminent domain 'and the
police power.
Section 3. That the Corporation may, under the conditions
set forth in this Resolution, issue obligations on behalf of the
Unit, acquire, lease, sell or convey certain properties and make
loans for the promotion and development of commercial, industrial
and manufacturing enterprises to promote and encourage employment
and the public welfare. The Uni t shall not lend its cre'di t or
grant any public money or thing of value in aid of the Corporation.
,Furthermore, obligations issued by the Corporation with the
approval of the unit shall be deemed not to constitute a debt of
the State, of the Unit or of any other political corporation,
subdivision or agency of the State or a pledge of the faith and
credi t of any of them, but such obligations shall be payable
solely from the funds herein provided. The Corporation shall not
be authorized to incur financial obligations which cannot be paid
from the proceeds of the obligations or from revenues realized
from the lease or sale of a project or realized from a loan made
by the Corporation to finance or refinance in whole or in part a
project. '''project'' shall mean the land, buildings, equipment,
facilities and improvements (one or more) found by the Board of
Directors of the Corporation (the "Board. of Directors") to' be
required or suitable for the promotion of commercial, industrial
and manufacturing development enterprises, irrespective of whether
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Resolution 82-10, page 3.
in existence or required to be acquired or constructed after the
making of such findings by the Board of Directors.
Section 4. That the Articles of Incorporation of the Corpor-
ation and the Bylaws of the Corporation, in the forms attached
hereto are hereby approved for use and adoption by the Corporation;
provided, however, that any amendments to the Articles of Incor-
poration shall be subject to the further approval of the Governing
Body.
Section 5. That the Governing Body shall approve by written
resolution any agreement to issue bonds, including refunding
bonds, adopted by the Corporation, which agreement and resolution
shall set out the amount and purpose of the bonds. Furthermore,
no issue of bonds, including refunding bonds, shall be sold and
delivered by the Corporation without a written resolution of the
Governing Body adopted no more than 60 days prior to the date of
the sale of the bonds specifically approving the resolution of
the Corporation providing for the issuance of the bonds.
Section 6. That, upon dissolution of the Corporation, the
Uni t shall accept title to or other interests in any real or
personal property owned by the Corporation at such time.
Section 7. That this Resolution is adopted for the purpose
of satisfying the conditions and requirements of the Act and of
Section 103 of the Internal Revenue Code of 1954, as amended and
the regulations prescribed thereunder from time to time and for
the benefit of the Corporation, the unit, the owners or holders
from time to time of the obligations of the Corporation and all
other interested persons. .
Section 8. That the Governing Body has considered evidence
of the posting of notice of this meeting and officially finds,
determines, recites and declares that a sufficient written notice
of the date, hour and place of this meeting and of the subject of
this Resolution was posted on a bulletin board located at a place
convenient to the public in the Ci ty Hall of the Uni t for at
least 72 hours preceding the scheduled time of such meeting; that
such place of posting was readily accessible to the general public
at all times from such time of posting until the scheduled time
of such meeting; and that such meeting was open to the public as
required by law at all times during which the Resolution and the
subject matter thereof were discussed, considered and formally
acted upon, all as required by the Open Meetings Law, Artile 6252-
17, Vernon's Annotated Texas Civil Statutes, as amended. The
Governing Body further ratifies, approves and confirms such
written notice and the contents and posting thereof.
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Resolution 82-10, page 4.
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PASSED AND APPROVED this 7th day of July, 1982.
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ATTEST:
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- Ci~ Secretary
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AP;;; 4! 4
City Attorney
CITY OF LA PORTE
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ARTICLES OF INCORPORATION
OF THE
CITY OF LA PORTE
INDUSTRIAL DEVELOPMENT CORPORATION
We, the undersigned natural persons, each of whom is of the
age of eighteen years or more and a qualified elector of the City
of La Porte (the "Unit"), acting as incorporators of a Corporation
under the Development Corporation Act of 1979, Article 5190.6,
Vernon's Annotated Texas Civil Statutes, as amended (the "Act"),
do hereby adopt the following Articles of Incorporation for such
Corporation:
ARTICLE I
The name of the Corporation is the CITY OF LA PORTE INDUSTRIAL
DEVELOPMENT CORPORATION.
ARTICLE II
The Corporation is a nonprofit corporation.
ARTICLE III
The duration of the Corporation shall be perpetual.
ARTICLE IV
The Corporation is organized and may issue bonds on behalf
of the unit for the specific public purpos~ of the promotion and
development of commercial, industrial and manufacturing enter-
prises to promote and encourage employment and the public welfare.
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ARTICLE V
The Corporation has no members and is a nonstock corporation.
ARTICLE VI
The Corporation's internal affairs shall be regulated by a
set of Bylaws, not inconsistent with the laws of this State, which
have been approved by the City Council of the Unit (the "Governin~
Body"), under whose auspices the Corporation is created.
ARTICLE VII
The street address of the initial registered office of the
Corporation is 604 W. Fairmont parkway, La Porte, Harris County,
Texas, and the name of its initial registered agent at such address
is Betty Waters.
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ARTICLE VIII
The number of directors consti tuting the initial Board of
Directors of the Corporation is seven (7), and the names and
addresses of the persons who are to serve as the initial directors
are: ,
Name
Address
Mayor Virginia Cline
328 South Blackwp11
Phone 471-0R17
John Longley .
9826 Shell Rock
Phone 470-14~n nr 471 4900
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Jim H. Longnpckpr
233 San Jncint-n
Phone 471-~7?1 or 471Jle9
Diana S. Dearing
909 South 4t-h
Phone" 471-31S7
Douglas F. Latimer, Jr.
10203 Catlett-
Phone 471-2740 or 471-1061
Lois Compton
307 South 1st
Phone 471-1576
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Walter R. Sprinqa11
2713 Crescent- Vi~M
Phone 471-1456
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ARTICLE IX
The. name and street address of each incorporator are:
Name
Address
~e..t ty Blackmon
920 South 2nd Street
La porte, Texas
Betty Waters
2202 26th Street
La Porte, Texas
Lynda posey Haskins
707 South 2nd Street
La Porte, Texas
ARTICLE X
The Governing Body of the Unit has specifically authorized
by Resolution the. Corporation to act on its behalf to further
the specific public purpose of the promotion and development of
commercial, industrial and manufacturing enterprises to promote
and encourage employment and the public welfare and has approved
these Articles of Incorporation of the Corporation.
ARTICLE XI
These Articles of Incorporation may at any time and from time
to time be amended by the Board of Directors or by the Governing
Body, subject to such restrictions and in accordance with such
procedures as may be provided in the Bylaws of the Corporation~
so long as the Articles of Incorporation as.amended contain only
such provisions as are lawful under the Act.
IN WITNESS WHEREOF, we have hereunto set our hands this
day of July, .1982.
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~ . lll3TTY BLACKMON
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THE STATE OF TEXAS S
S
COUNTY OF HARRIS S
I, the undersigned, a Notary pUblic, do hereby certify that
on this .;?Pd day of n -{LA.V , 19~, personally appeared
before me BETTY BLACKMO~BETTY WATERS, and LYNDA POSEY HASKINS,
who each being by me first duly sworn, severally declared that
they are the persons who signed the foregoing petition as incor-
porators, and that the statements therein contained are true.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the
day and year above written.
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~ EXHIBIT G
BYLAWS OF THE
CITY OF LA PORTE
INDUSTRIAL DEVELOPMENT CORPORATION
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ARTICLE I
POWERS AND PURPOSES
Section 1. Financing of Industrial Development Projects.
In order to implement the purposes for which the Corporation
was formed as set forth in the Articles of Incorporation, the
Corporation shall issue obligations to finance all or part of
the cost of one or more projects pursuant to the provisions
of the Development Corporation Act of 1979, Article 5190.6,
Vernon's Annotated Texas civil Statutes, as amended (the
"Actll) .
Section 2. Conditions Precedent to Issuance of Obli-
gations. The Co'rporation shall not issue any obligations
unless:
1) The City Council (the "Governing Body") of the city
of La Porte (the IIUnitll) has approved by written resolu-
tion, adopted no more than sixty (60) days prior to the
date of delivery of the obligations, the resolution of
the Corporation providing for the issuance of the obli-
gations; and
2) 'The Texas Industrial Commission, or the executive
director thereof, has approved the contents of any lease,
sale or loan agreement made by the Corporation under the
Act in connection with the issuance of obligations by
affirmative'ly finding that the project sought to be
financed is in furtherance of the public purPoses of the
Act.
Section 3. Books and Records; Approval'of Programs
and Financial statements. The corporation shall keep correct
and complete.books and records of account and shall also keep
minutes of the proceedings of its Board of Directors (the
"Board of Directorsll) and committees having any of the author-
ity of the Board of Directors. All books and records of the
Corporation may be inspected by any director or his agent or
attorney for any proper purpose at any reasonable time; and
at all times the Governing Body will have access to the books
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and records of the Corporation. The Unit shall be entitled
to approve all programs and expenditures of the Corporation
and annually review any financial statements of the Corpora-
tion.
section 4. Nonprofit co~oration. The Corporation
shall be a nonprofit corporat1on, and no part of its net
earnings remaining after payment of its expenses shall inure
to the benefit .of any individual, firm or corporation, except
that in the event the Board of Directors shall determine that
sufficient provision has been made for the full payment of.
the expenses, bonds and other obligations of the Corporation
issued to finance all or part of the cost of a project, then
any net earnings of the Corporation thereafter accruing with
respect to said project 'shall be paid to the Unit.
ARTICLE II
BOARD OF DIRECTORS
section 1. Powers, Number and Term of Office. The
property and affairs of the Corporation shall be managed and
controlled by the Board of Directors and, subject to the
restrictions imposed by law, the Articles of Incorporation
and these Bylaws, the Board of Directors shall exercise all
of the powers of the Corporation.
The Board of Directors shall consist of !,:p",TPn (...2-)
directors, each of whom shall be appointeq by the Govern1ng
Body.
The directors constituting the first Board of Directors
shall be thos~ directors named in the Articles of Incorpora-
tion, each of'whom shall serve for six (6) years or until his
or her successor is appointed as hereinafter provided. Sub-
sequent directors shall hold office for a term of six (6)
years or until their successors are appointed as hereinafter
provided.
Any director may be removed from office, by the Govern-
ing Body, for cause or at will.
Section 2. Meetings of Directors. The directors may
hold their meetings at such place or places in the state of
Texas, as the Board of Directors may from time to time deter-
mine; provided, however, in the absence of any such determin-
ation by the Board of Directors, the. meetings shall be held
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at the registered office of the corporation in the state of
Texas.
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section 3. Regular Meetings. Regular Meetings of the
Board of Directors shall be held without necessity of notice
at such times and places as shall be' designated, from time to
time.,_.by resolution of the Board of Directors.
section 4. Special Meetings. Special Meetings of the
Board of Directors shall be held whenever called by the pre-
sident, by the secretary, by a majority of the directors for
the time.being .in office or upon advice of or request by the
Governing Body.
The secretary shall give notice to each director of each
Special Meeting in person, or by mai~, telephone or telegraph,
at least two (2) hours before the meeting. Unless otherwise
indicated in the notice thereof, any and all matters pertain-
ing to the purposes of the Corporation may be considered and
acted upon at a .Special Meeting. At any meeting at which
every director shall be present, even though without any
notice, any matter pertaining to the purpose of the Corpora-
tion may be considered and acted upon.
Section 5. Quorum. A majority of the directors fixed
by the Articles of Incorporation shall constitute a quorum
for the consideration of matters p~rtaining to the purposes
of the Corporation. The act of a majority of the directors
present at a meeting at which a quorum is in attendance shall
constitute the act of the Board of Directors, unless the act
of a greater number is required by law.
Section 6. Conduct of Business. At the meetings o~ the
Board of Directors, matters pertaining to the purposes of the
Corporation shall be considered in such order as from time to
time the Board of Directors may determine.
At all meetings of the Board of Directors, the president
shall preside, and in the absence of the president, the vice
president shall exercise the powers of the president.
The secretary of the Corporation shall act as secretary
of all meetings of ~he Board of Directors, but in the absence
of the secretary, the presiding officer may appoint any person
to act as secretary of the meeting. .
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section 7. Executive Committee. The Board of Direc-
tors, by resolution passed by a majority of the directors in
office, may designate two or more directors to constitute an
executive committee, which committee, to the extent provided
in such resolution, shall ,have and may exercise all of the
authority of the Board of Directors in the management of the
Corporation, except where action of the Board of Directors is
specified by law. The executive committee shall act in the
manner provided in such resolution. ' The executive committee
so designated shall keep regular minutes of the transactions
of its meetings and shall cause such minutes to be recorded
in books kept for that purpose in the office of the Corpora-
tion, and shall report the same to the Board of Directors
from time to time.
section 8. Compensation of Directors. Directors as
such shall not receive any salary or compensation for their
services, except that they shall be reimbursed for their
actual expenses. incurred in the performance of their duties
hereunder.
ARTICLE III
OFFICERS
section I. Titles and Term of Office. The officers of
the corporation shall be a president, a vice president, a
secretary and a treasurer, and such other officers as the
Board of Directors may from time to time el~ct or appoint.
One person may hold more than one office, except that the
president shall not hold the office of secretary. Terms of
office sha~l not exceed three years.
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All officers shall be subject to removal from office,
with or without cause, at any time by a vote of a majority of
the entire Board of Directors.
A vacancy in the office" of any officer shall be filled
by a vote of a majority of the directors.
section 2. Powers and Duties of the President. The
president shall be the chief executive officer of the Corpo-
ration and, subject to the Board of Directors, shall be in
general charge of the properties and affairs of the Corpora-
tion; shall preside at all meetings of the Board of Directors;
and in furtherance of the purposes of the Corporation, may
sign and execute all contracts, conveyances, franchises,
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bonds, deeds,' assignments, mortgages, notes and other instru-
ments in the name of the Cprporation.
Section 3. Vice President. The vice president shall
have such powers and duties. as may be assigned by the Board
of Directors and shall exercise the powers of the president
during that officer's absence or inability to act. Any action
taken by the vice president in the performance of the duties
of the president shall be conclusive evidence of the absence
or inability to act of the president at the time such action
was taken.
Section 4. Treasurer. The treasurer shall have custody
of all the funds and securities of ' the Corporation which come
into such treasurer's hands. When necessary or proper, the
treasurer may endorse, on behalf of the Corporation, for
collection, checks, notes and other obligations and shall
deposit the same to the credit of the Corporation in such
bank or ba~ks or depositories as shall be designated in the
"manner prescribed,by the Board of Directors; may sign all
receipts and vouchers for payment made to the Corporation,
either alone or jointly with such other officer as is desig-
nated by the Board of Directors; whenever required by the
Board of Directors, shall render a statement of the cash
account;' shall enter. or cause to be entered regularly in the
books of the Corporation to be kept by the treasurer for that
purpose full and accurate accounts of all monies received and
paid out on account of the Corporation; ~hall perform all
acts incident to the position of treasurer subject to the
control of the Board of Directors; and shall, if required by
the Board of Directors, give such bond for the faithful dis-
charge of his or her duties in such form as .the Board of
Directors may ;equire.
Section 5. Secretary. The secretary shall keep the
minutes of all meetings of the Board of Directors in books
provided for that purpose; shall attend to the giving and
serving of all notices; in furtherance of the purposes of
this Corporation, may sign with the president in the name of
the Corporation, and/or attest the signature thereto, all
. contracts, conveyances, franchises, bonds, deeds, assign- .
ments, mortgages, notes and other instruments of the Corpo-
ration; shall have charge of the corporate books, records,
documents and instruments, except the books of account and
financial records and securities of which the treasurer shall
have custody and charge, and such other.books and papers as
the Board of Directors may direct, all of which shall at all
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reasonable times be open to inspection upon application at
the office of the Corporation during business hours;. and
shall in general perform all duties incident to the office of
secretary subject to the control of the Board of Directors.
section 6. Compensation.... Officers as such shall not
receive any salary or compensation for their services, except
that they shall be reimbursed for their actual expenses in-
curred in the performance of their duties hereunder.
ARTICLE IV
PROVISIONS REGARDING ARTICLES OF INCORPORATION
AND BYLAWS
Section 1. Effective Date. These Bylaws shall become
effective only upon the occurrence of the following events:
(I) the a~proval of these Bylaws by the Governing Body;
and
(2) the adoption of these Bylaws by the Board of Direc-
tors.
Section 2. Amendments to Articles of Incorporation
and Bylaws. The Articles of Incorporation may at any time
and from time to time be amended, provided that the Board of
Directors files with the Governing Body a written application
requesting that the Governing Body approve such amendment to
the Articles of Incorporation, specifying in such application
the amendment or amendments proposed to .be made. I f the
Governing Body by appropriate resolution finds and determines
that it is advisable that the proposed amendment be made,
authorizes the" same to be made and approves the form of the
proposed amendment, the Board of Directors shall proceed to
amend the Articles as provided in the Act.
. . The Articles of Incorporation may also be amended at any
time by the Governing Body at its sole discretion by adopting
an amendment to the Articles of Incorporation of the Corpora-
tion by resolution of the Governing Body and delivering the
Articles of Amendment to the Secretary of State as provided
in the Act.
These Bylaws may be amended by maj ori ty vote of the
Board of Directors.
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Section 3. Interpretation of Bylaws. These Bylaws and
all the terms and provisions hereof shall be liberally,. con-
-' strued to effectuate the purposes set forth herein. If any
word, phrase, clause, sentence, paragraph, section or other
part of these Bylaws, or the application thereof to any person
or circumstance, shall ever be held to be invalid or unconsti-
tutional by any court of competent jurisdiction, the remainder
of these Bylaws and the application of such word, phrase,
clause, sentence, paragraph, section or other part of these
Bylaws to any other person or circumstance shall not be
affected thereby. .
ARTICLE V
GENERAL PROVISIONS
Section 1. Principal Office. The principal office of
the Corporation shall be located in La Porte , Texas.
The Corporation shall have and continuously maintain in
the State of Texas'. (the "State") a registered office, and a
registered agent whose business office is identical with such
registered office, as required by the Act. The registered
office may be, but need not be, identical with the principal
office in the State, and the address of the registered office
may be changed from time to time by the Board of Directors,
pursuant to the requirements of the, Act.
section 2. Fiscal Year. The fiscal year of the Corpo-
ration shall be as determined by the Board of Directors.
Section 3. Seal. The seal of the Corporation shall be
as determined by "the Board of Directors.
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Section 4. Notice and waiver of Notice. Whenever any
notice whatsoever is required to be given under the provi-
sions of the Act, the Articles of Incorporation or these
Bylaws, said notice .shall be deemed to be sufficient if given
by depositing the same in a post office box in a sealed post-
paid wrapper addressed to the person entitled thereto at his
post office address, as it appears on the boo~s of the Corpor-
ation, and such notice shall be deemed to have been given on
the day of such mailing. Attendance of a director at a meeting
shall constitute a waiver of notice of such meeting, except
where a director attends a meeting for 'the express purpose of
objecting to the transaction of any business on the grounds
that the meeting is not lawfully called or convened. Neither
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the business to be transacted at nor the purpose of any
Regular or Special Meeting of the Board of Directors need be
specified in the notice or waiver of notice of such meeting,
unless'required by the Board of Directors. A. waiver of notice
in writing, signed by the person or persons entitled to said
notice, whether before or after the time stated therein,
shall be deemed equivalent to the giving of such notice.
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Section 5. Resignations. Any director or officer may
resign at any time. Such resignation shall be made in writing
and shall take effect at the time specified therein, or, if
no time be specified, at the time of its receipt by the presi-
dent or secretary. The acceptance of a resignation shall not
be necessary to make it effective, unless expressly so pro-
vided in the resignation.
Section 6. Action without a Meeting of Directors or
Committees. Any action which may be taken at a meeting of
the Board of Directors or of any committee may be taken with-
out a meeting if a consent in writing, setting forth the
action to be taken, shall be signed by all of the directors,
or all of the members of the committee, as the case may be.
Such consent shall have the same force and effect as a unani-
mous vote and may be stated as such in any articles or docu-
ment filed with the Secretary of State, the Texas Industrial
Commission or any other person.
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Section 7. Approval or Advice and Consent of the
"Governing Body. To the extent that these Bylaws refer to any
approval by the Unit or refer to advice and consent by the
Unit, such advice and consent shall be evidenced by a certi-
fied copy of a resolution; ordinance or motion duly adopted
by the Governing Body. .
Section B. Organizational Control. The Unit may, at
its sole discretion, and at any time, alter or change the
structure, organization, programs or activities of the Corpor-
ation (including the power to terminate the Corporation),
subj ect to 'any limitation on' the impairment of contracts
entered into by such Corporation.
Section 9: Dissolution of the Corporation. Upon dis-
solution of the Corporation, title to or other interests in
any real or personal property owned by the Corporation at
such time shall vest in the Unit.
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RESOLUTION NO. 82-ll
;... ~::.30L::TIO:.J OF THE CITY COUNCIL DESIG~-1ATING EL:Sl3LE BLIGHTED
.;:.::_:'_~: ~'!:\KI:~G THE FINDINGS REQUIRED BY THE RUL::.= OF THE TEXAS
::;:::.3T~IAL Cml:.lISSION; AND CONTAI~n;G OTHER NATT::?S RELATING TO
":'::::: ~tEJECT.
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WHEREAS, by resolution the City Council (the ~:ity. Council")
o~ :~e City of La Porte, Texas (the "City"), authorized and
a~~~:~ed the creation of the City of La Porte Ind~::~ial Develop-
:::e::: C:or?oration (the "Corporation") as a nonprc::t industrial
=-:-::::o?::ien t corpora tion under the prov is ions of t~e Development
Cc~;cration Act of 1979, Article 5190.6, Vernon's Annotated
~exa= Civil Statutes, as amended (the "Act"); and
~.jHEREAS, the Ci ty
o:::-=r=.ti~g and existing
~::e .3tate of Texas (the
C~a~:er of the City; and
is a duly incorpora ted
under the Consti tution
"State") and the duly
Ec::-,e Rule Ci ty,
a:::5 the lat,vS of
acc;':ed Home Rule
~'iHERErlS, the Corporation is author i zed by t::e Ac t to issue
=c:::::= on behalf of the Ci ty for the purpose of ?a~'ing all or a
;:ar: of the costs of a "project" as defined in t::e Act, and to
leas; or sell the project or to loan the proceeds of the bonds
:0 ::~ance all or part of the costs of a project; a::j
~';HERE';S, the definition of "project" in the ;"c:. includes the
2.a;-.d, buildings, equipment, facilities and imprc-:-=:::ents (one or
:::o~e found by the Borad of Directors of the Cor::;)~ation to be
r~~~:red or suitable for the promotion of commerc:~l development
a~= -=xpansion and in furtherance of the public pur?c:es of the Act,
or ::~ use by commercial enterprises, all as defi~e= in the rules
0: :'~2 Texas Industrial Commission (the "Commissic::"), irr~spec~
:.i~e ~f whether in existence or required to be ac~~ired or ~on-
st~~::.ed thereafter, if such project is located ::1 blighted or
ecc~:~icully depressed areas; and
~if'fERE';S, as used in the Act, the term "blig:::ed or econom-
:.caj,:::, C0pt"cssed areas" means ,those .:lreas and are=.s immediately
~d:5=~~t thereto within a c{ty whi~h by re~son of :~e presence o~
.1 s:..:::,:;tu:ltial number or substundard, slum, d~:-=:-ior.3tcd, or
,,;.::::;:-:or.:1ting structures, or \-Ihi~h surf8t" fro:n a ::igh relative
:.-:.:~ ,)f une:nployment of any combination of the :.:regoing, the
:::.~' :i:.~is and determines, ufter u heuring, subs:a:::ially impair
Jr 3rrost th0 sound growth of the city or constit~:~ an economic
:::.- 2 = ..: i z: 1 1 i a b i 1 i t Y un (] are u In e Il ~l C e tot h c pub 1 i c ~. e a 1 t h, 5 u f e t~'
~~ fte:fur0 in their present condition .:lnd use; and
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~;=~lution No. 82-ll, Page 2
~-mE-RE.n.S, Section l07.:(b)(9) of the rules (the "Rules") .of
-~::. :ommission for incust~ial projects sets out special rules
:~:- a?pro\Tal of commerc ia2. !;)roj ec ts in bl igh ted or economically
ce~:-~ssed areasi and
~._.._..,..
WHEREAS, the City Ccu~=il desires to authorize the financing
c: :ertain projects for cC::Lr::.ercial ,uses as provided in the Act
a"''''' ~he Rules byes tabl is:-.ing certain el ig ible bl igh ted areas i
a:1=
~HEREAS, the Act requi~es that hotice of a hearing at which
t::e :i ty considers establishment of an economically depressed
c~ =lighted area shall be posted at the City Hall prior to such
r.e=:-::1g; and
~\.HEREAS, on June 2, 1982, the City Council adopted that
ce~:3in "Resolution of t::e City Council Authorizing provision of
:;o:.:..::e to the 'l'exas Indus:.rial COr:1mission and Publication of
:;0';:' =e Hi th Respect to a ?ubl ic Hearing to Cons ider Des igna tion
0: :~e or Moie Eligible Blig~ted Areas Within the CitYi Describing
G~e ~r More Eligible Blighted Areas to be Designated by the City;
Cet=r~ining the Date, Ti~e and Location of a Public Hearing; a~d
C~~:~ining Other provisions Relating to the Subject"; and
~'H1EREAS, pursuant to such' resolution notice of a public
r.ea:-:~g was provided to t~e Commission on June 7, 1982, and notice
0: !~ch public hearing was ~ublished once a week for two consecu-
t:~= Heeks in a newspaper c: general circulation in the City and
n~:.:::r: of the public hear:":1g was posted at the City Hall on
~~~= 21, 1982i and
",;!IEREAS, the notice ~~oTJided to the Cor:lInission and as
r;o.,;::;::.shed and posted incl;,]::=;j both a description of the are'a ox
a:-e;s proposed by the City :0 be designated as eligible blighted
are~5 and the date, ti~e 3:1d location of the public hearing
c ';:1ce'rn ing such des igna t ion: and
~:III~REAS, a public r.~a~.ing was held at the City Hall or.
.;-:..:':::' 7, 1982, pursuan t to :::e f,;.:t and Chapter 107 of the Rul~s
0: :::~ Commission for ti~e :Jl.:rr-oses of establishing one or mOl-e
e:i;:~lc "bligllted areas; a~~
~':!{EHr.t\S, the Ci ty Co:.:~c i 1 h.Js concl uded to reques t the
C-'::':",:-:3sion to approve proj.::.:ts for com:nerci.:31 uses and therefore
dr.::;:::--::s to adopt this Res'J:..:t.ion in cO:llpliance with the require-
::-.'::':::3 ot the Act and the i~;,]':'~3i
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Resol~tion No. 82-1l, page 3
:mil, Ti-I:::REFOR=:, BE: IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LA POR~E, T~XAS THAT;
Se-ctior. I. The City Council hereby finds, determines and
declares that the areas outlined in a heavy black line on the
map attached as Exhibit II A" to this Resolution shall be declared
to be eligi::,le, blighted areas ("EBA") because such areas (i)
have a substan~ial number of substandard, slum, deteriorated, or
deteriorating structures and (ii) suffer from a high relative
rate of une~ployment. The City Council further finds, determines
and declares that such conditions in such areas substantially
impair or arrest the sound grov1th of the City, constitute an
econo~ic or social liability and are a menace to th~ ~ublic health,
safety or welfare.
Section 2. The overall objectives of the City for redevelop-
ment and recovery of the EBA are as follows:
A. To promote the present and prospective health, safety,
rights to gain~~l e~ployrnent and general welfare of the people of
the City and the State.
B. To promote the continued existence, development and
expansion of cc~merce and industry essential to the economic
grO'....t~l of the City and the full emplol'ment, "lelfare and prosperity
of its citizens.
C. To encourage t~e economic gro\-lth and stabili ty of the
City by incre:sing and stabilizing employment opportunities,
significantly increasing and stabilizing the property ta~ base
c3nd pr.ollloting COffir.lerCe ",i thin the Ci ty and the State.
D. To er.courage employment of the inhabi tants
by encourag ing e:nploye rs to loca te proj ects '\Th ich
such persons in or adjacent to the EllA.
of the EBA
will employ
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S(~ction 3. The City Council hereby finds, determincs, de-
clc3rc:. ':'lnd c':~resents to the COlllmission that the availability
of final1cinr; or proj~cts to be loc.J.ted within or adjacent to the
E1.3;\ f.Ot" co:rJ:\c::cial uses und.-:?r th(~ Act will contribute sl-]nifi-
C.J. n t 1 Y to the a 11 e -Ii a t ion 0 f t 11 e b 1 i 9 h t e d co n d i :. ion s f 0 un d to
~xi~t in th~ ~3A.
Sc:ct:.on
r.lent '~il:':)rt3,
tion's bonds
intc'J[,.J.l p.1rt
~ . The City Counc i.1, in orde r to enhance its devclop'-
jesirQs and autho['izes the issuance of the Carpora-
t:::> fin.J.ncc all commer-ci.J.l pr-ojects th.1t at"e an
of the 10e.J.l economy, provided th~t the City Council
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Resolution 82-11, page 4
will not' approve the issuance of the Corporation's bonds to finance
any projects for commercial uses in or adjacent to the E8A unless
the applicant desiring approval of such project demonstrates to the
satisfaction of the City Council that:
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A. The ?roject will significantly contribute to the fulfill-
ment of the overall redevelopment objectives of the City for the
EBA;
B. The project conforms to the project approval standards
of the Rules and this Resolution by removing a blighted condition
or increasing or stabilizing employment opportunities, signifi-
cantly increasing or stabilizing the property tax base, promoting
co:nme rce \"ri thin the Ci ty and the State and not caus ing economic
decline or blight in another aiea of the City;
C. The project is supported by an economic feasibility
analysis which demonstrates its economic viability; and
D. The project is in furtherance of the public purposes of
the Act.
Section 5. Based upon the City's best estimates as of the
date or this Resolution, a description of the proposed pUblic
i:nprovements to be made in the EBA, including the estimated
comr:\encement date, approximate schedule and sources of funds to
be used by the City for such public improvements, are as set forth
in Exhibit "B" to this Resolution.
Section 6. The City Council hereby covenants and represents
that It \Vill revie\v all project descriptions for approval of
specific projects for commercial us~s in order to determine \Vhether
such projects are consistent with the City'S objectives for re-
development of the EllA.
Section 7. The City Secretary of the City is hereby directed
to provide a certified copy of this Resolution, including all
exhibits, to the Executive Dir~ctor of the Corn~ission ~s required
by the Rules. Unless the City shall be notified by the Co;n:nission
to t!le contrary in \vriting \vithin thi::ty (30) days from the date
of receipt of such certifi~c1 copy ot this Resolution, the ESt\ shall
be deemed accepted by the Commission, and th~ City and the Corpora-
tion may there<1fter approve projl~cts fot:' commercial uses in cJnd
ad j <.lcen t to the EBA in compl iance \,' i th the Ac t, the Rules and th is
?r2501ution.
Section 8.
satis!:!ing the
Th is Resol u t ion is ado[)ted
cond i t ions cJnd requ i remen ts
for the purposes of
of the Act and the
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~esolu~ion No. 82-l1, page 5
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PASSED AND APPROVED this 7th day of July, 1982.
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ATTEST:
4; /1 ,
~ 'J"
~ , -<.74;'c:Q ~ /cz,E.,.L/'
, Cip& Secretary
AP:;: t:t/ ~
City Attorney
CITY OF LA PORTE
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BOUNDARIES OF THE PROPOSED
CITY OF LA PORTE
ELIGIBLE BLIGHTED AREA
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BEGI~~ING at a point in the south right-of-wav line of Soencer
:-:.:;hway (100 foot wide), said point being the intersection of 'the
s~uth right-of-way line of Spencer Highway and the east line of the
S~n Jacinto College l4l acre tract; said point being coincident
with the northwest" corner of College View Municipal utility District
as per Article 8280-38l of Vernon's Civil Statutes of the State of
~=xas; .
THENCE, southerly along the west line of the College View
~~nicipal Utility District and the east line of the San Jacinto
C::)llege 141 acre tract to its intersection wi th the north line of
Fair~ont Parkway 250 foot right-of-way, same being the southeast
corner of the said San Jacinto College l4l acre tract and the
southwest corner of the College view Municipal Utility District;
c.
THENCE, southerly
C::)llege View Municipal
San Jacinto College l41
s::u th r igh t-of-way line
to a point ror corner;
along a projection or
utility District anc
acre tract to its
of Fa i rmon t pa rki-lay .
the west line of the
the east line of the
intersection with the
250 foot right-of-way
T!-!E!lCE, east along the south line of Fairr.lont Parkway 250 foot
...'ide r igh t-of-way to its in tersection wi th the wes t 1 ine of, a 200'
rGot wide Harris County Flood Control District right-of-way for.
.,;:.110..... Spring Gully which is designated as Ditch No. Bll2-00-00,
f~r a point for corner;
TH:'::1CE, southHe'sterly coincident with the meanders of the west
li~e of the 200 root wide right-or-way of Willow Spring Gully,
Harris County Flood Control District Ditch Bl12-00-00, to its inter-
section with the north corporate limit of the City of Pasadena, same
being the north line of a 200 foot wide strip annexed by the City of
?~sadena and also being the south line of the W. M. Jones Survey and
~:-,~ north line of the G~orge D. HCKinstry Survey, Abstract No. ,47,
~~= a point for corner;
Tl!E!:CS, east with the north line of tt:e
S ~ = ',,' e y A - 4 7 c1 n d the sou t h 1 i n e 0 f the \.; . :-1.
c::=r::or-atc li::tit line of the City of Pasadena
l :::e 200 foot wide right-of-wilY of \'lillO'.... Spr-ing
F:GGd Control Di:3trict Ditch 13112-00-00;
G e 0 r 9 ,~ B . ~! c 1-: ins t ::- y
Jones Survey and the
to the eas t 1 ine of
Gully, Hc1t-ris County
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T:!E!':CE, south'....esterly with the east line of the
righ~-of-way of Willow Spring Gully Harris County
Dis.t:-ict Ditch Bl12-00-00 to a point 469 feet south
line o~ the George B. MCKinstry Survey A-47;
200 foot wide
Flood Control
of the north
T:;E:,iCE, east 469 feet south of and' parallel to the north line
of t::e George B. MCKinstry Survey A-47 to a point 200 feet west of
the west line of that certain tract of land conveved to Dart Industries
and El Paso Products Company by Friendswood. Development Co~pany
by deed da ted l-larch 14, 1974, and recorded under Film Code Number
l03-l1-0858, Deed ~ecords, Harris County, Texas;
THE~':CE, north 200 feet west of and parallel to the west line
of the prope:-ty owned by Dart Industries and El Paso Products
Co:npany a d is tance of 469 fee t to the north 1 ine of the George B.
HCKins-::-y Survey A-47 and the corporate limit line of the City of
Pasacena, Harris County, Texas;
THENCE, easterly along the north line of the George B. MCKinstry
Survey, Abstract No. ,47, to its intersection with the center line
of Big Island Slough, ,for a point for corner;
c_
THENCE, southerly along the ,meanders of the center line of Big
Island Slough to its intersection with a line parallel to and 3410
feet ~o:-e or less measured at right angles southerly from the north
line o~ the George B. MCKinstry Survey, Abstract No. 47, for a point
for cO:-:le r,' said point be ing on the north line of tha t terr i tory
an:lexed to the City of Houston by Ordinance No., 65-1555 'B-R;
TEENCE, easterly
descr iced by Ci ty of
easterly extel,1sion, to
line of the G. H. & S.
along the north
Houston Ordinance
its intersection
A. Railroad, for a
line of the said territory"
No. 65-1555 B-R, and its
with the west right-of-way
point for corner;
Ti-:E:'iCE, souther'Iy' along the \-lest right-oE-way line of the
G. H. & S. A. Railroad to its intersection with the westerly extension
of the north right-of-way line of McCabe Road;
TP.E~KE, easterly with the west.....ard projection of the north
right-of-,....ay line of t-lcCabe Road, and the north right-of-way line of
NcCabe ~oad, and the east~...anJ projection of the' north right-or-.....ay
li:l(~ 0: :-!cCabe Road, to a point in the east right-of-w'1Y line of
Old State Highway 146 (also y.no....m '1S South Dro'1d.....ay), said point
being the intersection of the nOl-th right-of-way line of r-lcC.:lbe
Road, extcnded easterly, with thc east right-of-way line of Old
~. Statc Highway 146;
T::'::::CE, soutlocrly along the C.:lst right-of-way line of DIG
St.:lte Eigr......ay l~6 (also y.nO'.m as South Broadway) to a point fo:-
-2-
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,
corner, said point being the intersection of the east right-of-way
line of State High\-lay l46 with the north line of the pine Bluff
Addition a~d the south line of the Crescent View Addition;
c
THE~CE, easterly along the north line of the pine Bluff Addition
and the ~o~t~ line of the Crescent Vie\.... Addition to a point at the
intersection 0: the north line of the pine Bluff Addition with the
westerly s~oreline of Galveston Bay;
THE~CE, northwesterly, northerly, and northeasterly fOllowiQg
the meanders of the shoreline of Galveston Bav to its intersection with
Donaldson nvenue, , being a south city limit line of the City of
Horgan's Point;
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THE~CE, r.orthwesterly along the
Donaldson .;ver.ue to its intersection
Blackwell Street;
north right-of-way line
wi th the east right-of-way
of
of
THE~CE, north along the east
Street, to a point of intersection
of Barhours Cut Boulevard;
right-of-way line of Blackwell
with the south right-of-way line
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THE~':CE, westerly along the south right-or-way line of Barbours
Cut Boulevard, to the northeast corner of Block 978, Town of La Porte,
Harris County, Texas;-
TH2~CE, north across Barbours Cut
corne r in the north r igh t-of-way line
'.
Boulevard,
of Ba rbours
to a
Cut
po in t for
Boulevarc;
THE~~CE, west along the north right-of-way line of Baroours Cut
Boulevard to its intersection with the east richt-of-wav line of.
Horth Broad.....ay, for a poin t for corner; ~ .
TH::UCE, north along the east right-of-way line of North Broadwav,
and along the east ~ight-of-way line of North Broadway, extended io
its intersection with the shoreline of San Jacinto Bay, being the
most nort!i'.'..esterly corner of the corporate limit of the City of
!10rgan's Point;
TiiEi~CE, easterly along the
City of Morgan's Point, to a
which is p~rc111el to and 2500'
HOL:ston Shi;:> Channel;
most north city limit line of the
point of inters~ction with a line
westerly from the center line of the
I
~,
T!I!::ilCE, in a north\olt2stcrly
oarallel to and 2500' fro:n the
:hannel to a ~oint of intcr~cction
State Hiyh',,;.:lY 134;
direction along the line \.;hich is
center line of the Houston Ship
with tht2 e.:lst right-of-way line of
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TH::::C::, scut~ alon,= :::e east ri.=~t-of-wav line of State Hich'...a'..
l3~, and t::e east rig~t-~~-~ay line ~f State-Highway l34,. proj;c~e~
sQuth, to a point for c:::-:1er in t::e south right-of-way line 0:
State Hi.sh~ay 225;
T::::~~:::, scut::eas:.e=.-.!.~.
Sta:e Hi~::...;.::, 225, to i~E
line of l1r:,;:,=:-'....ooc Road;
along t::= south
interse::::.on with
right-o:-way line c:
the \o,'e5 t r igh t-of-.,;a::"
THE~:::, sout~ along :~2
Roae to its inte:-secti.o~ ~:th
Highway, f~~ ~~i~t rc=.- co~~e~;
west :-:.ght-of-way line of Underwooc
the nc:-th right-of-way line of Spence:-
T~::XC::, ~est along" t::e north right-of-way
High'Nay to its inte:-sectic:-: wi th t~e eas t property
Jacinto College 1~1 ac:-e t:-:ct, proje::ted north;
line
line
of Spence:-
of the San
TH::~;C::, south ac:-oss t::e righ t-=::-wa'y of Spence:- Highway alcr;g
the no:-t:: ;::-ojec~!.on 0: ~::= east p:-::;:e:-ty line of the San Jacintc.
College l~l ac:-e tract, t~ :::e POINT C? BEGINNING.
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EXHIBIT "B"
Description of Proposed Public Improvements to be
Made in the EBA -
l.
Description of public improvements:
street paving; storm drainage; extension of water and sanitary
sewer mains to areas not presently served by water and sanitary
sewer; rehabilitation of existing sanitary sewer system.
2. Estimated commencement date for such public improvements:
Portions of the public improvements described above are now in
progress; the remainder will commence in 1982 and 1983.
3.
Approximate schedule for such public improvement:
The storm drainage is a five-year program; most of the other
public improvements will be completed in 1983 and 1984.
4.
Source of funds as the Unit will use for such improvements:
Portions of the improvements are being funded by previous bond
issues; the rehabilitation of the sanitary sewer system is
being funded, twenty-five per cent (25%) by local bond funds,
and seventy-five per cent (75%) by the Environmental Protection
Agency through a grant to the City of La Porte; the remainder
of the work is being funded by current tax revenues of the
City of La Porte.
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ADDENDUM TO AGENDA
AN ADDENDUM TO THE REGULAR MEETING OF THE LA PORTE CITY COUNCIL
TO BE HELD APRIL .18, 1984, IN THE COUNCIL CFAMBERS OF THE CITY
HALL, 604 WEST FAIRMONT PARKWAY, IA PORTE, TEXAS, BEGINNING AT
7:00 P.M.
ADDENDUM
1. CONSIDER APPOINTMENT OF A HEARING OFFICER - J. Owen
(Ord. No. 1387)
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MEMORANDUM
CITY OF LA PORTE
TO: Mayor Cline and Councilpersons
FROM: Jack Owen
SUBJECT: Hearing Officer, Junked Vehicles Ordinance No. 1387
DATE: April 13, 1984
The City is now beginning .to'have complaints registered concerning
the Junked Vehicle Ordinance No. 1387.
,In order to deal with these complaints, it is, my rec9mmendation
that a Hearing Officer b~ named to handle such compla~nts for
public heari~g as pr~vided for under the Ordinance.
Your consideration of this request is' appreciated.
Jack Owen
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ORDINANCE NO. l387
AN ,ORDINANCE PERTAINING TO JUNKED VEHICLES, DEFINING TERMS,
DECLARING JUNKED VEHICLES A PUBLIC NUISANCE, PROVIDING FOR
NOTICE TO ABATE SUCH PUBLIC NUISANCE; PROVIDING FOR A PUBLIC
HEARING; PROVIDING FOR THE DISPOSAL OF, JUNKED VEHICLES TO
DEMOLISHERS; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF
. THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND
UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN 'IWO
HUNDRED DOLLARS ($200.00); CONTAINING 'A SEVERABILITY CLAUSE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING
AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY ,c;OUNCIL OF THE CITY OF LA PORTE,
TEXAS:
Section l. Definitions. Whenever the following terms are
used in this article they shall have the meaning respectively
ascribed to them in this section:
JUNKED VEHICLE. Me ans any motor
Section l, of Article 670ld-ll,
Statutes, as amended, which:
vehicle' as defined in
Vernon I s Texas Civil
(a) is inoperative and which does not have lawfully affixed
thereto both an unexpired license plate or plates and
a valid motor vehicle safety inspection certificate
and which is wrecked; dismantled; partially dis-
mantled; or discarded; or
(b) remains inoperable for a continuous period of more
than l20 days.
"
PERSON. Any individual, firm, partnership, association,
corporation, company, or organization of any kind.
DEMOLISHER. Any person whose business is to convert a
motor vehicle into processed scrap or scrap metal, or
otherwise to wreck or dismantle motor vehicles.
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Section 2. Location or Presence of Junked Vehicles Within
City Deemed Public Nuisance: Exceptions.
The location or
presence of any junked vehicle or junked vehicles on any lot,
tract, parcel of land or portion thereof, occupied or unoccupied,
improved or unimproved, within the City of La Porte shall be
deemed a public nuisance and it shall be unlawful for any
person or persons to cause or maiI).tain such publ ic nuisance
by wrecking, dismantling, rendering inoperable, abandoning or
discarding his or their vehicle or vehicles on the property
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Ordinance No. 1387
, Page 2.
of another or to suffer, permit or allow the same to be placed,
located, maintained or exist upon his or their own real property 1
provided that this section shall not apply to (l) a vehicle
or part thereof which is completely enclosed within a building
in a lawful manner where it is not visible from the street or
-~
other public or private property, (2) a vehicle or part thereof
which is stored or parked in a lawful manne~ on private property
in connection with the business of a licensed vehicle dealer
or a junkyard, or (3) unlicensed, inoperable ~ntique vehicles
stored on property, provide~r. that the vehicles and the outdoor
storage areas are maintained in such a manner that they do not
constitute a health hazard and are screened from ordinary public
view by means of a fence, rapidly growing trees, shrubbery, or
other appropriate means.
Section 3. Abatement or Removal Order: Contents: Service.
(a) Whenever such public nuisance exists in the City
in violation hereof, the Chief Building Official and/or his
employees, who shall administer this ordinance, shall not give
less than ten (lO) days notice to the owner of the real property
or the occupant, if any, of the premises whereon such publ ic
nuisance exists to abate or remove the same, stating the nature
of the public nuisance of private property and that it must be
removed and abated within ten (10) days and further that a
request for a hearing must be made before the expiration of
said ten (lO) day period by the aggrieved person, such notice
to be mailed, by certified or registered mail with as-day
return receipt requested, to the owner or the occupant of the
private premises whereupon such public nuisance exists. If
the notice is returned undelivered by the United States Post
Office, official action to abate said nuisance shall be continued
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Or9inance No.
1387 , Page 3.
to a date of not less than ten (lO) days from the date of such
return.
(b) Whenever such public nuisance exists in the Ci ty
in vio~ation hereof, the Chief Building Official and/or his
employees, shall have not less than a ten (10) day notice,
stating the nature of the pUbi'ic nuisance on the publ ic property ..
or on a public right-of-way and that it must be removed and
(
abated wi thin ten (lO) days and further, that a request for
a hearing must be made before expiration of said ten (lO) day
period, such notice to be mailed, by certif ied or registered
mail with a 5-day return receipt requested, to the owner or
the occupant of the premises adjacent to the public right-of-way
whereupon such pub1 ic nuisance exists. If the notice is returned
undelivered by the united States Post Office, official action
to abate said nuisance shall be continued to a date not less
than ten (lO) days from the date of such return.
(c) After q. vehicle has been removed, it shall not be
reconstructed or made operable.
[
(d) A public hearing prior to the removal of the vehicle
or part thereof as a public nuisance is to be held before the
go~~rning body of the <;::J ty, or of~,i_c_~~.~,?f the Ci ty as designated
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by the governing body, when such a hearing is requested by the
owner or occupant of ~he public or private premises or by the
owner or occupant of the premises adjacent to the public right-
of-way on which said vehicle is located, within ten (10) days
after service of notice to abate the nuisance. Any resolution
or order requiring the removal of a vehicle or part thereof
shall include a description of
the vehicle,
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and the correct
identification number and license number of the vehicle, if
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available at the site.
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Ordinance No.
l387
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(e) Notice by the City is to be given to the Texas Depart-
ment of Highways and Mass Transportation within five (5) days
after the date of removal identifying the vehicle or part thereof.
Said Department shall forthwith cancel the certificate of
title to such vehicle pursuant to Article 6687-l, Vernon's
Civil Statutes Annotated.
(f) The Chief Building Official and/or his employees, of
the City shall administer the removal of vehicles or parts
thereof from property.
Section 4.
Removal with permission of Owner or Occupant.
If, within ten (10) days after receipt of notice from the Chief
Building Official and/or his employees, or his duly authorized
agent, to abate the nuisance, as herein provided, the owner or
occupant of the premises shall give his written permission to
the Chief Building Official and/or his employees, or his duly
authorized agent for removal of the junked motor vehicle from
the premises, the giving of such permission shall be considered
compliance with the provisions of Section 3.
Section 5. Disposal of Junked Vehicles.
(a) If such public nuisance is not abated by said owner
or occupant after .notice is given in accordance with this
ordinance, official action shall be taken by the Ci ty of La Porte
to abate such nuisance.
Junked veh ic1es or parts thereof may *
be disposed of by removal to a scrapyard, demolishers, or any
suitable site operated by the City of La Porte for process as
scrap or salvage, which removal or process shall.be considered
~
A junked
with Section 5, subdivision (b) of .this ordinance.
vehicle disposed of to a demolisher, in accordance with this
ordinance, must be transferred to such demolisher by a form
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Ordinance No.
l387 , Page 5.
acceptable to the Texas Department of Highways and Mass Trans-
portation (Form iMVD 7l-5).
The transfer receipt must be
listed on the demolisher's inventory 1 ist and surrendered to
the Texas Department of Highways and Ma'ss Transportation in
lieu of the certificate of Title under the provisions of Vernon's
Annotated P. C. art. 1436.2.
(b) After a vehicle has been remo~ed pursuant to this
section, it shall not be reconstructed or made operable by any
person.
(c) Notice shall be given to the Texas Department of
Highways and Mass Transportation five (5) days after the date
of removal identifying the vehicle or part thereof.
Section 6. Authority to Enforce.
The Chief Building
Of f icial and/or his employees, or his authorized agent, may
enter upon private property for the purposes specified in this
ordinance to examine vehicles or parts thereof, obtain infor-
mation as to the identity of vehicles, and to remove or cause
the removal of a vehicle or parts thereof
declared to be a
nuisance pursuant to this ordinance. The
Municipal Court of
/
the Ci ty of La Porte shall have authority to issue all orders
necessary to enforce such ordinance.
Section 7. Any person, as defined in Section 1.07(27),
Texas Penal Code, who shall violate any provision of the ordi-
nance, shall be deemed guilty of a misdemeanor and upon convic-
tion shall be punished by a fine not to exceed Two Hundred
Dollars ($200.00).
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Sect ion 8. If any section, sentence, phrase, clause, or
any part of any section, sentence, phrase, or clause, of this
ordinance shall, for any reason, be held invalid, such invalidity
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Ordinance No.
1387 , Page 6.
shall not affect the remaining portions of this Ordinance, and
it is hereby declared to be the intention of this City Council
to have passed each section, sentence, phrase or clause, or
part thereof, irrespective of the fact that any other section,
sentence, phrase or clause, or part thereof, may be declared
invalid. '.
Section 9. 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 Ci ty
Council was posted at a place convenient to the publ ic 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-l7, Texas Revised Civil Statutes Annotated; and that this
meeting has been open to the public as required by law at all
times during which this ordinance and the subject matter thereof
has been discussed, considered and formally acted upon. The
City Council further ratifies, approves and confirms such
written notice and the contents and posting thereof.
Section 10. This Ordinance shall be effective fourteen
(l4) days after its passage and approval. The City Secretary
shall give notice o.f the passage of this ordinance by causing
the caption hereof to be published in the of f ic ial newspaper
in the City of La Porte at least twice within ten (10) days
after the passage of this ordinance.
PASSED AND APPROVED this the
.,
1'1 eO. day of &C.z:.-tVL-
,
,
1983.
CITY OF ~'PORTE
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By (, /Ad/."'!''/I, C-, ,/.;'-:1' '.-
v~7ginia Cline, Mayor
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Ordinance No. 1387
, Page 7.
ATTEST:
~'~1.,~~/ &C,-L/
Ci ty Secretary
APPROVED:
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O/lice 01 the
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MAYOR
CITY OF
LA PORTE
roc amation
lm lamas:
.
The aJLt 06, da.nc.e involvu the phy~ic.ai. eXpIlu.6..ton
06 a thought, 6ee.Ung, OIL idea.; and.
WHEREAS, .6a1.d. aJLt bJUng.6 c.u1.:tuJr.ai. awaJLenU.6 to the c.ommunUy; and.
WHEREAS, :t:h.U, a.waIl.enU.6 eYllLi.c.hu the U6utyle 06 c.ommuvU.:t.y lLu..[deY1.:t.6
and thWi. 6am..[Uu; and.
WHEREAS, pubu.c. .6UppolL:t. 06 .loc.a.l uvic. ~ndeavoJL6 in the aJLt 06
da.nc.e ..i..6 U.6 eYLtial; and
WHEREAS, the Royal. Baii.e:t. Thea.:tJr.e 06 Tex.CUI hCUI pIlovided OM alLea.
w.U:h many excLUn.g plLOduc.t..i.cJn..6 :thJLoughou:t. the pa.6t .6eveJtai. YeM-6; and.
WHEREAS, ,alLea. c...U..[Z~YL6 look 601r.walLd eac.h yeaJt to .6UppoJt:t.i.ng !;hue
e v eY1.:t.6 ,
NOW, THEREFORE, 1,' ,VIRGINIA CLINE, MAYOR on the Cay 06 La PolLte,
T exCUI , do heJLeb y pILO ci.a.hn the. week 0 6 ApJtJ.i. 22 - 2 8 , 1984, CUI
"NATIONAL VANCE WEEK"
in the Cay 06 La' PolL:t.e, and. iJJr.ge aii..,c...U..[zeYL6 to ob.6eJLve'and. palLtLupa:t.e.
:thJwugh inclLea..6ed .6UppolL:t. 06 the AM.. 06 Vanc.e.
IN WITNESS WHEREOF, 1 have heJLeunt:.o .6e:t. my hand and. c.a.LL6e the Seal.
o 6 the Cay 06 La PolLte, T exa..6 , ttJ be a66ixed heJLe:t.o, :t:hU, the 18th da.y
06 ApILU., A. V., 19'84. '
VIRGI~IA CLINE, MAYOR
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ORDINANCE NO. l387
AN ,ORDINANCE PERTAINING TO JUNKED VEHICLES, DEFINING TERMS,
DECLARING JUNKED VEHICLES A PUBLIC NUISANCE, PROVIDING FOR
NOTICE TO ABATE SUCH PUBLIC NUISANCE: PROVIDING FOR A PUBLIC
HEARING: PROVIDING. FOR THE DISPOSAL OF. JUNKED VEHICLES TO
DEMOLISHERS: PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF
. THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND
UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN 'lWO
HUNDRED DOLLARS ($200.00): CONTAINING 'A SEVERABILITY CLAUSE:
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW: AND PROVIDING
AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY C;OUNCIL OF THE CITY OF LA PORTE,
TEXAS:
Section 1. Definitions. Whenever the following terms are
used in this article they shall have the mean ing respect ive1y
ascribed to them in this section:
JUNKED VEHICLE. Me ans any motor
Section l, of Article 670ld-ll,
Statutes, as amended, which:
vehicle as
Vernon I s
defined in
Texas Civil
(a) is inoperative and which does not have lawfully affixed
thereto both an unexpired license plate or plates and
a valid motor vehicle safety inspection certificate
and which is wrecked: dismantled: partially dis-
mantled: or discarded: or
(b) remains inoperable for a continuous period of more
than l20 days.
PERSON. Any individual, firm, partnership, association,
corporation, company, or organization of any kind.
DEMOLISHER. Any person whose business is to convert a
motor vehicle into processed scrap or scrap metal, or
otherwise to wreck or dismantle motor vehicles.
Section 2. Location or Presence of Junked Vehicles Within
City Deemed Public Nuisance: Exceptions.
The location or
presence of any junked vehicle or junked vehicles on any lot,
tract, parcel of land or portion thereof, occupied or unoccupied,
improved or unimproved, within the City of La Porte shall be
deemed a public nuisance and it shall be unlawful for any
person or persons to cause or maint-ain such public nuisance
by wrecking, dismantling, rendering inoperable, abandoning or
discarding his or their vehicle or vehicles on the property
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Ordinance No. l387
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of another or to suffer, permit or allow the same to be placed,
located, maintained or exist upon his or their own real property 1
provided that this section shall not apply to (l) a vehicle
or part thereof which is completely enclosed within a building
in a lawful manner where it is not visible from the street or
-.
other public or private property, (2) a vehicle or part thereof
which is stored or parked in a lawful manner on private property
in connection with the business of a licensed veh icle dealer
or a junkyard, or (3) unlicensed, inoperable antique vehicles
stored on property, provide~, that the vehicles and the outdoor
storage areas are maintained in such a manner that they do not
constitute a health hazard and are screened from ordinary public
view by means of a fence, rapidly growing trees, shrubbery, or
other appropriate means.
Section 3. Abatement or Removal Order: Contents: Service.
(a) Whenever such public nuisance exists in the City
in violation hereof, the Chief Building Official and/or his
employees, who shall administer this ordinance, shall not give
less than ten (lO) days notice to the owner of the real property
or the occupant, if any, of the premises whereon such public
nuisance exists to abate or remove the same, stating the nature
of the public nuisance of private property and that it must be
removed and abated within ten (lO) days and further that a
request for a hearing must be made before the expiration of
said ten (lO) day period by the aggrieved person, such notice
to be mailed, by certified or registered mail with as-day
return receipt requested, to the owner or the occupant of the
private premises whereupon such public nuisance exists. If
the notice is returned undelivered by the United States Post
Off ice, off icial action to abate said nuisance shall be continued
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Orpinance No.
1387 , Page 3.
to a date of not less than ten (10) days from the date of such
return.
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(b) Whenever such public nuisance exists in the City
in vio~ation hereof, the Chief Building Official and/or his
employees, shall have not less than a ten (10) day notice,
stating the nature of the pUblic nuisance on the public property
or on a public right-of-way and that it must be removed and
abated wi thin ten (lO) days and further, that a request for
a hearing must be made before expiration of said ten (10) day
period, such notice to be mailed, by certif ied or registered
mail with a 5-day return receipt requested, to the owner or
the occupant of the premises adjacent to the public right-of-way
whereupon such public nuisance exists. If the notice is returned
undelivered by the United States Post Office, official action
to abate said nuisance shall be continued to a date not less
than ten (lO) days from the date of such return.
(c) After a, vehicle has been removed, it shall not be
reconstructed or made operable.
(d) A public hearing prior to the removal of the vehicle
or part thereof as a public nuisance is to be held before the
go~.!!~ning body of thELCi_ty, or of~ icia.l_ of the Ci ty as designated
by the governing body, when such a hearing is requested by the
owner or occupant of the pUblic or private premises or by the
owner or occupant of the premises adjacent to the public right-
of-way on which said vehicle is located, within ten (10) days
after service of notice to abate the nuisance. Any resolution
or order requiring the removal of a vehicle or part thereof
shall include a description of the: vehicle, and the correct
identif ication number and license number of the vehicle, if
available at the site.
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Or.dinance No.
l387
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(e) Notice by the City is to be given to the Texas Depart-
ment of Highways and Mass Transportation within five (5) days
after the date of removal identifying the vehicle or part thereof.
Said Department shall forthwith cancel the certificate of
title to such vehicle pursuant to Article 6687-l, Vernon's
Civil Statutes Annotated.
(f) the Chief Building Official and/or his employees, of
the City shall administer the removal of vehicles or parts
thereof from property.
Section 4.
Removal with Permission of Owner or Occupant.
If, within ten (10) days after receipt of notice from the Chief
Building Official and/or his employees, or his duly authorized
agent, to abate the nuisance, as herein provided, the owner or
occupant of the premises shall give his written permission to
the Chief Building Off icial and/or his employees, or his duly
authorized agent for removal of the junked motor vehicle from
the premises, the giving of such permission shall be considered
compliance with the provisions of Section 3.
Section 5. Disposal of Junked Vehicles.
(a) If such public nuisance is not abated by said owner
or occupant after .notice is given in accordance with this
ordinance, official action shall be taken by the City of La Porte
to abate such nuisance.
Junked vehiGles or parts thereof may * .
be disposed of by removal to a scrapyard, demolishers, or any
suitable site operated by the City of La Porte for process as
scrap or salvage, which removal or process shall be considered
,
with Section 5, subdivision (b) of, this ordinance.
A junked
vehicle disposed of to a demolisher, in accordance with this
ordinance, must be transferred to such demolisher by a form
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Ordinance No.
l387 , Page 5.
acceptable to the Texas Department of Highways and MasS Trans-
portation (Form iMVD 7l-5).
The transfer receipt must be
listed on the demolisher's inventory 1 ist and surrendered to
the Texas Department of Highways and Ma'sS Transportation in
lieu of the Certificate of Title under the provisions of Vernon's
Annotated P. C. art. 1436.2.
(b) After a vehicle has been remo~ed pursuant to this
Section, it shall not be reconstructed or made operable by any
person.
(c) Notice shall be given to the Texas Department of
Highways and Mass Transportation five (5) days after the date
of removal identifying the vehicle or part thereof.
Section 6. Authority to Enforce.
The Chief Building
Of ficial and/or his employees, or his authorized agent, may
enter upon private property for the purposes specified in this
ordinance to examine vehicles or parts thereof, obtain infor-
mation as to the identity of vehicles, and to remove or cause
the removal of a vehicle or parts
thereof
declared to be a
nuisance pursuant to this ordinance.
The
Mun icipal Court of
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the Ci ty of La Porte shall have authority to issue all orders
necessary to enforce such ordinance.
Section 7. 'Any person, as defined in Section 1. 07( 27),
Texas Penal Code, who shall violate any provision of the ordi-
nance, shall be deemed guilty of a misdemeanor and upon convic-
tion shall be punished by a fine not to exceed Two Hundred
Dollars ($200.00).
,
Sect ion 8. If any section, sentence, phrase, clause, or
any part of any section, sentence, phrase, or clause, of this
ordinance shall, for any reason, be held invalid, such invalidity
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Ordinance No.
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shall not affect the remaining portions of this Ordinance, and
it is hereby declared to be the intention of this City Council
to have passed each section, sentence, phrase or clause, or
part thereof, irrespective of the fact that any other section,
sentence, phrase or clause, or part thereof, may be declared
invalid.
Section 9. 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-l7, Texas Revised Civil Statutes Annotated; and that this
meeting has been open to the public as required by law at all
times during which this ordinance and the subject matter thereof
has been discussed, considered and formally acted upon. The
City Council further ratifies, approves and confirms such
written notice and the contents and posting thereof.
Section lO. Th is Ordinance shall be effective fourteen
(14) days after its passage and approval. The City Secretary
shall give notice o,f 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.
PASSED AND APPROVED this the
/9 !!'" day of tPl.Z./tV{...,
,
1983.
CITY OF LA' PORTE
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By { /AI.7/,'--!'~/, C-, ,/;:~'I' ".-,
v~1ginia Cline, Mayor
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ATTEST:
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Ci ty Secretary
APPROVED:
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AGENDA
REGULAR MEETING OF THE LA PORTE CITY COUNCIL TO BE HELD
APRIL 18, 1984, IN,THE COUNCIL CHAMBERS OF THE CITY HALL,
604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, BEGINNING AT
7:00 P.M.
Next Ord. No. 1405
Next Res. No. 84-3
1. CALL TO ORDER
\/2. INVOCATION BY COUNCILPERSON GAY
V3.' CONSIDER APPROVING MINUTES OF THE REGULAR MEETING HELD
APRIL 4, 1984
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14.
PROCLAMATION - ENERGY CONSERVATION WEEK
CONSIDER ELECTING A MAYOR PRO-TEM
CONSIDER APPROVING THE SALE OF BEER ON CITY PROPERTY FOR
AIR SHOW..AT LA PORTE MUNICIPAL AIRPORT, MAY 27 - 28, 1984,
INTERNATIONAL AEROBATIC CLUB - J. Owen
CONSIDER APPOINTING HEALTH OFFICER - J. Owen
RATIFY RESOLUTION SUPPORTING TEXAS MUNICIPAL LEAGUE'S
"POTHOLE BILL" - J. Owen (Res. No. 84-3)
CONSIDER RESOLUTION CONCERNING BANKING INSTITUTIONS - (Res.' No.84-4)
CONSIDER BOARD APPOINTMENTS - J. Owen
CONSIDER PROPOSAL NO. ONE OF LA PORTE AREA EMERGENCY AMBULANCE
CORPS CONCERNING PURCHASE OF NEW AMBULANCE UNITS - R. Head
CONSIDER UPDATING WRECKER ORDINANCE - Chief H. Freeman
CONSIDER AMENDING ORDINANCE NO. 1168, REGULATING DRILLING
OF WATER WELLS WITHIN THE CITY - J. Owen (Ord. No. 1168-A)
CONSIDER CONSENT AGENDA:
The Consent Agenda is to be considered as an item based upon
the staff recommendation without discussion. Any item requiring
discussion shall be removed from the Consent Agenda upon the
request of any Councilperson and voted upon separately.
a. AWARD BID FOR HIGH PRESSURE WASH UNIT - J. Owen
b. AWARD BID FOR ELECTRICAL REPAIRS AT WATER WELL 84 - j. Owen
c. AWARD BID FOR ANNUAL CONTRACT TO PURCHASE FRONT LOADING
SOLIDWASTE CONTAINERS - J. Owen ,
d. APPROVE ADVERTISING FOR BIDS TO CONCRETE PARKING AREAS
BEHIND FIRE ADMINISTRATION BUILDING AND POLICE ADMINISTRATION
BUILDING AND AUTHORIZE TRANSFER OF $15,000.00 FROM CAPITAL
IMPROVEMENTS CONTINGENCY FUND - J. Owen'
15. ADMINISTRATIVE REPORTS
16. COUNCIL ACTION
17. EXECUTIVE SESSION - V.A.T.S. - ARTICLE 6252-17, SECTION 2(E),
(F), (G) - (LEGAL, LAND ACQUISITION AND PERSONNEL)
18. ADJOURNMENT
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MAYOR
Office 01 the
CITY OF
LA PORTE
roc amation
I!!J Janns: Tht. aJLt 06. dan<.e involvu .the phy..ic.ai. eXplLu..ion
06 a thought, 6e.eLi.ng, Ole. .idea.; and
WHEREAS, .6cW1. aJr.:t. bJL.i.ng.6 c.u.Uwz.al. awaJLe.ne.6.6 t:.o the. c.ommurUity; a.nd.
WHEREAS, .tkiA awaILe.ne.6.6 e.Mi..c.hu t:.he. U6e.6t:.yle. 06 c.ommurUity Jr.e.6.i.de.nt6
a.nd. thw 6am<lie.6; and
WHEREAS, pubUc. .6UppoJr.t:. 06 ,loc.at c..i..v.ic. ende.aVOM .ifl. the. aJr.:t 06
danc.e. .u, e.6.6e.nti.af.; and
WHEREAS, .the. Royat Ba.i.le..t The.a:tIr.e. 06 Texa.6 ha.6 pJr.ov.ide.d OUIL alLea.
wU.h many e.x.c..iting -pMduc.:tion.6 :tIVLoughout .the. pa.6t:. .6e.veJlai. ye.aJL6; and
WHEREAS, ,alLea. c.li:.izeYUl look. 60JUAJaJr.d. e.ac.h ye.aJL t:.o .6uppoJr.ti.ng ;the.6e.
e.ve.nt6,
'NOW, THEREFORE, 1,' VIRGINIA CLINE, MAYOR 06 t:.he. Cay 06 La PoJLte.,
T e.x.a..6 , do heJl.e.b y pM c.R.ai.m .the. we.e.k. 0 6 AplLil.. 22 - 2 8 , 1984, a.6
"NATIONAL VANCE WEEK"
.in the. Cay 06 La PoJr.t:.e., and iVLge. ali...c.li:.ize.YUl t:.o ob.6eJl.ve.'and palLti.c..i..pat'e.
.thJwugh .incJtefUle.d .6UppoJr.t:. 06 .the. AILt 06 Vance..
IN WITNESS WHEREOF, 1 have. heJl.e.un:to .6e..t my hand and c.a.u..6e. .the. Se.a.l
06 t:.he. Cay 06 La PoJr.t:.e., Te.x.a..6, txJ be. a66.ix.e.d heJl.e.to, .thM .the. 18.th day
06 ApILil., A.V., 19'84. '
VIRGINIA CLINE, MAYOR
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LA PORTE FIREMEN'.S PENSION BOARD
Kevin Graves
620 So. Virginia
Jack Oliphant
101 Garfield
Tom Simons
P.O. Box 790
Jerry Hill
209 Valley Brook
Frank Eader
10451 Collingswood
Betty T. Waters
2202 26th Street
Kenny Price
9901 Hummingbird
Virginia Cline
328 S. Blackwell
Term,expires:
1/83
1/84
1/84
1/83
,1/84
1/83
1/84
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LA PORTE FIREMEN'S PENSION BOARD
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Term Expires
Andy Smith 1/85
P.O. Box 993
Jack Oliphant 1/86
101 Garfield
Tom Simons 1/86
P.O. Box 790
Jerry Hill, 1/85
209 Valley Brook
Frank Eader 1/86
10451 Collingswood
Betty T. Waters 1/85
2202 26th Street
Clint Hurt 1/86
1415 Lemon Lane
Virginia Cline
328 S. Blackwell
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Ire
ighters'
Relief and
Retirement
Fund Law
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SENATE BILL NO, 411
65th LEGISLATURE
Regular Session
1977
Revised January I, 1984
Firemen's Pension Commissioner
Hal H, Hood
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to determine the length of term to be served, Two
trustees shall serve a two-year term; two trustees
shall serve a four-year term; and two trustees shall
serve a six-year term, Thereafter each term shall be
for six years,
(d) Four trustees constitute a quorum,
(e) A board decision Or rec~mmendation is
made by a majority vote of trustees present. The
vote must be recorded in the minutes of board'
meetings,
(I) The trustees shall serve without
compensation, Trustees may be reimbursed for
travel expenses to attend board meetings,
SECTION 21. DUTIES OF THE STATE
BOARD OF TRUSTEES,
(a) The board shall employ the certified public
accountant, the actuary, and the investment
advisors for the fund,
(b) The board shall establish rules and
regulations necessary for the administration of the
fund,
(c) The board shall hear appeals from the
commissioner's decisions.
(d) The board may authorize a cost-of-living
increase for any benefit provided in the pension
system. If benefits are increased, the board may
require an increase in the governing body's
contributions to maintain the actuarial soundness
of the fund,
(e) The board shall give notice and hold a
hearing before authorizing a cost-of-living increase
in benefits,
(I) Any cost-of-living increase in benefits is
effective after approval by the legislature by
cO/Hent resolution,
v::'::~_E_CTION 22. LOCAL BOA R D OF
TR USTEES,
(a) The local hoard of trustees is composed of
the following: ( I ) one representative selected by the
governing body; (2) five memhers of the local fire
department chosen by a majority of fire fighters in
qualified service; and (3) two tax-paying voters who
are chosen by the other members of the board,
(b) The local board shall elect a chairman from
the members at the first meeting.
(c) Trustees serve two-year terms.
14
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(d) On the first local board. the fire department
representatives shall serve staggered terms, The fire
department representatives shall draw hy lot at the
first board meeting to determine the length of term
to be served. Three representatives shall serve two-
year terms, and two representatives shall serve one-
year terms, The first appointments of the tax-
paying or citizen representatives shall be one
appointed for a two-year term and one appointed
for a one-year term, Thereafter. all appointments
are for two-year terms,
(e) If a vacancy occurs on the board, it is filled
for the remainder of the unexpired term by the
procedure by which the position was originally
fi lied,
(I) A majority of board members constitute a
quorum,
(g) A board decision is made by majority vote of
all members present. The vote must be recorded in
the minutes of board meetings,
(h) No member of the local board may receive
compensation for service as a trustee,
SECTION 23, DUTIES OF THE LOCAL
BOARD OF TRUSTEES,
(a) The local board of trustees shall collect all
governing body contributions at least semiannually
and send the contributions to the commissioner,
(b) The local board shall hear and decide all
claims for benefits according to the procedures in
Section 7 of this Act.
(c) The board shall mail a copy of a decision on
a claim to the parties involved and to the
commissioner,
(d) The hoard shall keep complete records of all
claims and proceedings.
(e) The local board shall require a fire fighter
who is receiving temporary disability benefits to file
a disahility rating report from a physician every
,three months, The board may choose the physician.
When the reports indicate a significant change of
condition, the local board. after notice and a
hearing. must enter an order to modify or terminate
henefit payments, The order is sent to the
commissioner, If the board terminates benefits. the
fire fighter is presumed able to resume regular
employment duties.
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OffICe Phone:
(713) 475-0829
JAMES H, THOMAS, JR" M,D" P.A,
GENERAL PRACTICE
P. 0, Box 58426
Houmon. Texas 77258
April 17, 1984
Mr. Jack Owen, City Manager
P.O. Box 1115
La Porte, Texas 77571
Dear Mr. Owen,
I have recently purchased the practice\.of Dr. Max Miller.
Dr. Miller told me that he has been the physician for the
City of La Porte and has expressed a desire that I continue
serving in that capacity.
I am therefore formally requesting to serve as the City of
La Porte's physician. You will find my availability to be
increased because I have off~ce hours in Pasadena. as well.
To contact me regarding appo1ntments or problems, the following
schedule may be of help.
MILLER CLInIC
La Porte, TX 77571
471-3020
MON 11 - 5pm
TUES 1 1 - 8pm
WED 9 - 5pm
THUR 9 - 5pm
FRI 8 - 12NOON
SAT CLOSED
SUN CLOSED
BELTWAY HOSPITAL
4040 Red Bluff Rd.
Pasadena, TX 77503
475-0829
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8
11am (office open 'til 1pm)
8 - 11am
CLOSED
CLOSED
1 - 5pm
8 - 12 NOON
CLOSED
I hope the above information will be of help. I will await
your favorable reply.
Sincerely YJ#S'~
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H. Thomas~ Jr M.D.
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FROM THE DESK OF
Knox W. Askins. J.D.
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NOTICE OF MEETING
HARRIS COUNTY MAYORS' & COUNCILS' ASSOCIATION'
.'
NOTICE is hereby given that the Harris County Mayors' & Council s',
Association will hold its regular meeting on the
19TH
day of
April
, 19~, at 6:30
p.m. for cocktails;
7:30 p.m. for dinner at:
Angelo's Fisherman's Wharf
10200 S. Main
ITEMS to be discussed and acted upon by the Association at its meeting
are listed as part of the agenda below.
Bill Berryhi 11
Secretary-Treasurer
AGENDA
1. Invocation.
2. Introductions.
3. Consider minutes for previous meeting.
4. Treasurer's report. ,
5. Program: Representative Jack Fields
"Washington Update"
6. Petitions (oral or written) from member cities.
7. Resolutions from member cities.
8. Committee reports.
9. Adjournment.
RESERVATIONS: City of Bell aire -(71.3) 662-8222
NOTE:
- Oari s Brown
- Roena Loftin
No later than 10:00 a.m. Tuesday, April 17,1984 - GUARANTEED
If you make reservations and then find that you are unable
to attend, please call to cancel.
If you plan to bring any guest, the dinner cost is $15.00 .
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MINUTES
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HARRIS COUNTY MAYORSt AND' COUNCILS' ASSOCIATION
,
Ma rc h 1 5, 1 984
The regular monthly dinner meeting of the Harris County Mayors' and Councils'
Association was held at Stouffers Hotel 'on March 15, 1984 at 6:30 p.m. A total
of 39 membe~s were in attendance, including guests and spouses of the Mayors
and Councils.
Mayor Alvin Baggett gave the invocation. Mayor Blasingame 'introduced the members
and guests ,present in the absence of Mayor Berryhill. Dorothy Davison reported
that the Harris County Community Development Agency would hold a public hearing
to obtain citizen input and project proposals for the FY 1984 at the H-GAC Annex
on Tuesday, March,27, 1984 at 7:30 p.m. Mayor Blasingame then gave the Treasurer's
Report stating that the Association had a lBance in their checking account of
$10,660.91. One correction was requested in the minutes of the previous meeting
(change name from Fuller to Hogan). The minutes were then approved as amended.
, Councilman Roy Fuller introduced the guest speaker, Don Sykora, President of
Houston Lighting & Power Company, who spoke on "Mechanics Involved in Request
for a Rate Increasell. A brief question and answer period followed Mr. Sykora's
presentation.
Councilman Fuller reported that the speaker for the April meeting would be Rep.
Jack Fields and the speaker for the May meeting would be Louie Welch. Mayor
Heinrich stated that she appreciated what HL&P had done, especially in light
of Hurricane Alicia. Additionally, HL&P had worked'very closely with them in
the City of Webster in selecting a location for a sub-station~
Mayor Bartlett offered a Resolution to be considered at the next meeting. The
Resolution was requesting that the legislature amend the particular act which
states that cities that. have two or more banking institutions doing business
within the city shall receive and consider applications to become a depository
of said municipality only from such banks within the city. (Copy of Resolution
~ttached and marked Exhibit lIall)~ Mayor Heinrich requested that the meeting
notice along with the resolution be sent as early as possible so the mayors and
councils would have time to consider the resolution.
Mayor Heinrich reported that the Nominations Committee was composed of Mayor'
Baggett of Galena Park, Councilman Wilbanks of Bay town and Councilman Lusk of
Jacinto City and they would give a report at the next meeting.
Mayor Heinrich wished everyone success in their campaign. There being no further
business, the meeting was adjourned at 9:45 p.m. ~y a motion duly made and passed.
Submitted by:
Secretary
Approved:
President
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RESOLUTION NO.
8 f~ _ Lf
Whereas, the governing bodies of municipalities within
the State of Texas are custodians of the revenues derived
from taxing of their citizens and their taxpayers, and
Whereas, our recent experience with rampant inflation
has reemphasized the need for good money management to
combat the devastating effects of such inflation, and
Whereas, the need and demand to maximize the return on
its cash deposits is frequently critical to the balancing of
the budget and maintaining the financial stability of the
munici.pality, and
Whereas, by the use of the vehicle of bank holding
companies branch banking is an accomplished fact in the
State of Texas, thus further reducing the number of in-
dependent banks within any given municipality, and
Whereas, the legislature of the State of Texas has over
the years by its legislative acts determined the 'boundaries,
rules and limitations upon the kinds and places of depositories
of the municipal funds, and
Whereas, such statutes have from time to time been
amended to meet the ongoing needs of the municipalities and
its taxpayers, and
Whereas, Article 2559 V. A. C. S. as amended in 1971,
now provides that a city that has two or more banking
institutions doing business within a city shall receive and
consider applications to become a depository of said
municipality only from such banks within the city, and
Whereas, since the legislative adoption of this re-
strictive proviso in 1971, there has been, and will be in
the future, instances where a municipality may not receive
an application from two or more banks located within the
city to accept the funds of such municipality on any terms,
thus making it impossible for such municipaliuy to comply
with the present law, and
Whereas, the end result of the application of such
restrictive statutory provisions is to reduce municipal
revenues, thus penalizing the citizens,and taxpayers of
the State of Texas, and
,.
Whereas, to insure a more competitive procedure and to
give the citizens and taxpayers a better return on their
tax monies, the proviso and restriction of Article 2559, which
limits the right of a city having two or more banking institu-
tions within the city from having a depository other than
one 'or two of such banks should be amended or, in the alter-
native, repealed, now therefore.
BE IT RESOLVED by the Harris County Mayors and Councils
Association duly assembled that to rekindle and reinstate
the competitive bidding for the rights of a bank to be a
municipal depository, the fOllowing portion of Article 2559
should be amended by repealing:
"...provided, however, that if any city has two or
'more banking institutions doing 'business within the
city, the city shall consider bids and applications
from only those institutions."
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Furthermore, that the content of this resolution and a
copy thereof be furnished to each member of the Harris County
legislative delegation, the Governor of the State of Texas,
to the Attorney General of the State of Texas, to the Texas
State Banking Commission, and to the Ey.ecutive Director of
the Texas Municipal League.
Adopted and approved this the
1984.
day of
Presidenf~-Harris County Mayors
and Councils Association
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ATTEST:
Secretary
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STATE OF TEXAS I
COUNTY OF HARRIS I
CITY OF LA PORTE I
EMERGENCY ADDENDUM
Notice is hereby given that the following emergency
item requested by the City Attorney will be added to the
agenda of April 11, 1984.
I hereby certify that this item has been declared an
emergency and was added at 2:30 P.M. on April 10, 1984.
Witness my hand and the seal of the City of La Porte.
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Cherie Black
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City Secretary
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Assistant City Secretary
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EMERGENCY ADDENDUM
AN EMERGENCY ADDENDUM TO THE SPECIAL CALLED MEETING OF THE
LA PORTE CITY COUNCIL TO BE HELD APRIL 11, 1984, IN THE COUNCIL
CHAMBERS O~ THE CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTE,
TEXAS, BEGINNING AT 6:00 P.M.
EMERGENCY ADDENDUM
I. CONSIDER THE LETTER OF APRIL 9, 1984, FROM ATTOR~EYS
FOR JESSE LOVELACE CONSTRUCTION COMPANY. RE: CITY OF
LA PORTE SANITARY SEWER REHABILITATION (JOB NO. 26-00021-
030) CONTRACT NO. 2
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WICKWIRE, GAVIN & GIBBS, ~C.
ATTORNEY.S AT LAW
SUITE 400
181& L STREET. N.W.. SUITE 700
WASHINGTON. D.C. 2003&
202.887-5200
8230 BOONE BOULEVARD
8ENEFlCIAL LIf'E TOWER
SUITE 805
3& SOUTH STATE STREET
SALT LAKE CITY. UTAH 84111
801-355-5775
SUITE 208
152 WEST .JOHNSON STREET
P. O. BOX 1883
I14AOI50N. WISCONSIN 53701-1&83
&0..257-5335
VIENNA. VIRGINIA 22180
703.790.8750
(WICKWIRE, GAVIN & GIBBS)
CASI..E ADDRESS
WIREGG
WASHI~GTON. D,C,
ONE CENTURY PLAZA, SUITE 4250
2028 CENTURY PA~K EAST
LOS ANGELES. CAUf'ORNIA 80087
213-552.75110
April 9, 1984
FEDERAL EXPRESS
Honorable Virginia Cline
City Hall
604 West Fairmont Parkway
LaPorte, Texas 77571
Re: Jesse Lovelace Construction Company
City of LaPorte Sanitary Sewer Rehabilitation
Job No. 26-00021-030
Contract No. 2
Dear Mayor Cline:
This is in reply to the letter dated April 2, 1984, from
C. Charles Dippel, Esquire to Robert L. Lipstet, Esquire, which
enclosed a copy of contract documents and technical specifica-
tions dated March 1984 for cleaning, television inspection and
point repairs for portions of the sanitary sewer collection
system, City of LaPorte.
The work covered by these contract documents appears to
include point repair only to the extent necessary to accomplish
televising and cleaning. There is no provision for slip lining
or replacement. If this understanding of the scope of the work
is incorrect, please advise immediately, as we would protest
any modification of the present contract to broaden its scope
to include 'construction work as such.
The work covered by these bid documents is completely
different from the manner in which the original contract was
conducted. Jesse Lovelace Construction Company has maintained
that cleaning and televising, as contemplated by the present
contract papers, should have been conducted initially.
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Page 2
Because the scope of the present contract for televising
and cleaning sewer lines is beyond the scope of work previously
specified, and because yeu have not announced any intention to
charge Mr. Lovelace with the cost of televising and cleaning
under the contemplated contract, we assume that it is not the
intention of the City to do so. Please advise immediately if
this assumption io mistaken. In any 'case, we would invite your
attention to two aspects of the proposed contract that are
objectionable as in violation of EPA regulations:
1. Special provision No. 1 to Section VII, appears to be
inconsistent with 40 CFR 35.938-5(b) (1) (i) which
provides for negotiation of new unit price when
changes and quantities exceed fifteen percent of the
original bid quantity and the total dollar change of
that bid item is significant.
2. General Condition 16 "EXTRA WORK", Section VII, page
4/17 provides that extra work will be compensated by
one of three methods: (a) agreed unit prices; (b)
agreed lump sum; or (c) if neither method (a) nor (b)
is agreed upon, the contractor will be paid "actual
field cost" plus fifteen percent. 40 CFR 35.938-5(b)
provides for compensation for changes by one of three
methods, \'/hichever "is most advantageous to the
grantee". These are (1) unit prices, (2) negotiated
lump sum, or (3) cost reimbursement. The
contemplated contract would appear to permit the
contractor to convert change order work automatically
to cost plus fifteen percent by not agreeing on
either unit price or lump sum method.
We reserve the right to raise additional matters as may be
warranted by the bidding on the proposed contract.
Please address any further matters directly to the under-
signed.
Sincerely,
WICKWIRE, GAVIN & GIBBS, P.C.
JSP:kcg
cc: C. Charles Dippel, Esq. (Fed. Exp.)
Ronnie Patrick, P.E.
Mr. Jesse Lovelace
Joseph M. Zorc, Esq.
S. Pachte:r
At orneys for Jesse Lovelace
Construction Company, Inc.
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AGENDA
PUBLIC HEARING AND REGULAR MEETING OF THE LA PORTE CITY COUNCIL
TO BEHELD APRIL 4, 1984, IN THE COUNCIL CHAMBERS OF THE CITY
HALL, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, BEGINNING AT
7:00 P.M.
Next,Ord. No. l403
Next Res. No. 84-2
1.
CALL TO ORDER
2.
INVOCATION BY COUNCILPERSON GAY
A I-~ 3.
CONSIDER APPROVING MINUTES OF THE REGULAR MEETING HELD
MARCH 2l, 1984
Motion by
Second by
VOTE:
FOR
AGAINST
ABSTAIN
Graves
Pfeiffer
Gay
Skelton
Westergren
Malone
Longley
Matuszak
Cline
Motion carried
Defeated
Tabled
f:, I 4. PRESENTATION OF EMPLOYEE OF THE QUARTER
el-/~5. PUBLIC HEARING - REQUEST TO REZONE OUTLOTS l8, 19, 20, 2l
AND 22 FROM RESIDENTIAL TO COMMERCIAL - DECKER McKIM
PUBLIC HEARING' OPENED
A. THOSE WISHING TO SPEAK IN FAVOR OF THE REZONING
B. THOSE WISHING TO SPEAK IN OPPOSITION TO THE REZONING
PUBLIC HEARING CLOSED
RECOMMENDATION OF PLANNING AND ZONING COMMISSION READ
CONSIDER ORDINANCE REZONING OUTLOTS 18, 19, 20, 2l AND 22
FROM RESIDENTIAL TO COMMERCIAL - Ord. No. 780-CCCC
Motion by
Second by
VOTE:
FOR
AGAINST
ABSTAIN
Graves
Pfeiffer
Gay
Skelton
Westergren
Malone
Longley
Matuszak
Cline,
Motion carried
Defeated
Tabled
VI 7.
E I 8.
F /-s'"9.
6.
.
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PULSE DEVELOPMENT CORPORATION - PRESENTATION REGARDING HEALTH
FACILITY IN LA PORTE
CITY OF LA PORTE FINANCIAL REPORT FROM EUGENE HOVEY, CPA
CONSIDER RESOLUTION APPROVING INCORPORATION OF CITY OF LA PORTE
HEALTH FACILITIES DEVELOPMENT CORPORATION - J. Owen (Res. 84-2)
Motion by
Second by
VOTE:
Graves
Pfeiffer
Gay
Skelton
Westergren
Malone
Longley
Matuszak
C li ne
Motion carried
FOR
AGAINST
Tabled
ABSTAIN
CONSIDER EMERGENCY ORDINANCE REDUCING SPEED LIMITS ON STATE
HIGHWAY 146 FRONTAGE ROADS NORTH AND SOUTH BOUND - J. Owen
(Ord. 1403)
Motion by
Second by
VOTE:
Graves
Pfeiffer
Gay
Skelton
Westergren
Malone
Longley
Matuszak
Cline
Motion carried
Tabled
ABSTAIN
10. CONSIDER APPOINTMENTS TO LA PORTE AREA WATER AUTHORITY BOARD
(Tabled from meeting of 3/21)
Motion by
Second by
VOTE:
Gr aves
Pfeiffer
Gay
Skelton
Westergren
MaLone'"
Longley
Matuszak
Cline
Motion carried
Defeated
FOR
AGAINST
Defeated' '
FOR
AGAINST
Defeated
Tabled
ABSTAIN
.
G /-/011.
.
CONSIDER ORDINANCE, GRANTING PIPELINE PERMIT TO AIR PRODUCTS
AND CHEMICALS, INC. - J. Hodge (Ord. 915-W)
Motion by
Second b~
VOTE: FOR
Graves
Pfeiffer
Gay
Skelton
Westergren
Malone
Longley
Matuszak
Cline
Motion carried Defeated
12. ADMINISTRATIVE REPORTS
13. COUNCIL ACTION:
Graves:
Pfeiffer:
Gay:
Skel ton:
Westergren:
Malone:
L'ongley:
Matuszak:
Cline:
AGAINST
Tabled
ABSTAIN
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l4. EXECUTIVE SESSION - V.A.T.S. - ARTICLE 6252-17, SECTION 2(E),
(F), (G) - (LEGAL, LAND ACQUISITION AND. PERSONNEL)
Time out:
'Time in :
l5., ADJOURNMENT
Time:
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MINUTES
OF THE
REGULAR MEETING OF THE LA PORTE CITY COUNCIL
MARCH 2l, 1984
1. The meeting was called'to order by Mayor Cline at,7:00 P.M.
Members' of City Council Present: Mayor Virginia Cline, Council-
persons Ed Matuszak, Linsday Pfeiffer, Deotis Gay, B. Don Skelton,
Linda Westergren and,Norman Malone
Members of City Council Absent: Councilpersons Kevin Graves
and John Longley
Members of City Staff Present: 'City Manager Jack Owen, City
Attorney Knox Askins, City Secretary Cherie Black, Chief
Building Official David paulissen, Director of Public Works
Jerry Hodge, Administrative Intern Doug de la Mo~ena
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Others Present: Jimmy Jernigan;, David Berrier; Dr. E. Harvey;
Debbie Rihn; Arlene Arends, Bayshore Sun-Broadcaster; Sig
Christenson, Bay town Sun; 9 citizens
2. The invocation was given by Councilperson Skelton.
3. Council considered approving the minutes of the regular meeting
held March 14, 1984.
Motion was made by Councilperson Skelton to approve the minutes
as presented. Second by Councilp~rson Gay. The motion carried,
7 ayes and, 0 nays.
Ayes: Councilpersons Matuszak, Pfeiffer, Gay, Skelton, Wester-
gren, Malone and Mayor Cline
, Nays: None
4. Mayor Cline proclaimed the last, week in March as "FFA Week" in
La Porte, and praised the local FFA chapter and their sponsor
for their excellent achievements.
5.
Jimmy Jern~gan, president of the FFA Club, and David Berrier,
FFA' Sponsor, ac'cepted the proc lama tion.
Council considered approving the request of Space City Inter-
national Air Show to hold an air show at La Porte Municipal
Airport.
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After discussion and questions by Council had been answered to
their ,satisfaction by representatives E~ Harvey a~d Debbie Rihn,
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~inutes, Regular Meeting, La Porte City Council
March 21, 1984, Page 2
motion was made
request :to hold
on Memorial Day
person Skelton.
by Councilperson Westergren to approve the
an air sho~ at La Porte Municipal Airport
weekend, May 26 a,nd 27. Second by Counc~l-
The motion carried, 7 ayes, 0 nays, 1 abstain.
Ayes:, Councilpersons Matuszak, Pfeiffer, Gay, Skelton, Wester-
gren, Malone and Mayor Cline
Nays: None
Abstain: Councilperson Graves, who 'had arrived at the Council
'table at 7: 3l and had not heard, the complete presenta-
tion of the agenda item.
6. Council considered an ordinance closing a portion of West "K"
and South 9th Street.
It was explained that, this portion of the streets had been
inadvertently left out of the ordinances originally closing
these streets. '
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City Attorney Askins read: AN ORDINANCE VACA~ING, ABANDONING
AND CLOSING A PORTION OF WEST "K" STREET AND SOUTH 9TH STREET,
CONTAINING A TRACT OF LAND 30 FEET BY 39'.5 FEET, CONTAINING
0.0272 ACRES; RETAINING PUBLIC UTILITY EASEMENTS; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFEC-
TIVE DATE HEREOF. .
Motion was made by Councilperson Gay to adopt Ordinance l402
as read by the City Attorney. Second by Councilperson Pfeiffer.
The motion carried" 8 ayes and 0 nays.
Ayes: Councilpersons Matuszak, Graves, Pfeiffer, Gay,' Skelton,
,Westergren, Malone and Mayor Cline
Nays: None
7. Council considered an ordinance granting a ,pipeline permit to
Gulf Oil Corporation.
City Attorney Askins read: AN'ORDINANCE GRANTING A PERMIT
UNDER SECTION 18-A-3 'OF ORDINANCE NO. 915, "PIPELINE TRANS-
PORTATION," 'BEING CHAPTER l8-A OF THE CODE OF ORDINANCES OF
THE, CITY ,OF LA PORTE, TEXAS'; AND APPROVING THE APPLICATION OF
GULF OIL CORPORATION DATED MARCH 5, 1984, TO CONSTRUCT A SIX
INCH (6") PROPYLENE PIPELINE; AND PROVIDING AN EFFECTIVE DATE
HEREOF
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Motion was ma,de by Councilperson Matuszak to adopt" Ordinance
91S-V as read by the City Attorney. Second by Councilperson
Malone. The motion carried, 8 ,ayes and 0 nays.
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Minutes, Regular 'Meeting,' La, Porte City Council
March 21, 1984, Page '3 '
Ayes:
Councilpersons Matuszak, Graves',. Pfei'ffer, Gay, Skelton,
Westergren, Malone and Mayor "Cline
None
Nays:
8. Council considered an ordinance 'allowing a duplex in an R-l
zone.
City Attorney Askins read: ,AN ORDINANCE AMENDING ORDINANCE
NO. 780, ,THE CITY OF LA PORTE ZONING ORDINANCE, BY ALLOWING
,A DUPLEX TO BE LOCATED ON TH~T CERTAIN PARCEL OF LAND HEREIN
DESCRIBED, 'SAID LAND BEING ZONED R-lRESIDENTIAL; AND PRO-
VIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Skelton to adopt Ordinance No.
780-BBBB as read by the City Attorney. Second by Councilperson
Malone. The motion carr ied, 8, ayes and 0 nays.
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Ayes: Councilpersons Matuszak, Graves, Pfeiffer, Gay, Skelton,
Westergren, 'Malone and Mayor Cline
Nays: None
9. Council cons idered ,approving a one-year, ,contract with Bay
Area Disposal Service for'Spenwick and College View areas.
Mr. Owen stated the performance bond has been received and
everything is in order. It was requested that the budget
revenue be amend~d by $39,,000 and the 'expenditure side by
$51,000, and pick up the difference from the budget.
, , .
Motion was made by Councilperson Skelton to approve the one-
year contract with Bay Area Disposal Service. Second by
Councilperson Pfeiffer. The motion carried, 8 ayes and 0 nays.
Ayes:
, ,
,Counc~lpersons, Matuszak, Graves, Pfeiffer, Gay, Skelton,
Westergren,. Malone and Mayor Cline "
None
Nays:
'10. Council, considered advertising for bids for cleaning, TV inspec-
tion and point repairs for portions of sanitary sewer collection
system (EPA' project C-48-ll76-03)'.
Motion' was made by Councilperson Matuszak to approve advertising
for bids for EPA'project C-48-ll76~03" such bids to be opened
at. the Council meeting on May 2, 1984. ,Second by Councilperson
Pfeiffer. The motion carried, 8 ayes and 0 nays.
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Ayes: Councilpersons Matuszak, Graves, Pfeiffer, Gay, Skelton,
Westergren, Malone and Mayor Cline'
Nays: None
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Minutes, Regular Meeting, La Porte City Council
March 21, 1984, Pag~ 4
ll. Council considered appointments to the 'La Porte Area Water
Au thor i ty Board.
Motion'was made by' Councilper~on Skelton to ta~le this item
until the April 4 meeting ,iI).order to try to find a person
living ,within ~he City of La 'Porte 'ETJ to serve on this board.
Second by Councilperson Matuszak. The mption carried, 8 ayes
'and 0" nays.
Ayes: Councilpersons Matuszak, Graves, ,Pfeiffer, Gay, Skelton,
Westergren', Malone, and Mayor Cline'
Nays: None '
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l2. Administrative Reports:
Mr. Owen complimen,ted t~eoffice staff for their hard work
preparing the info:r;mation f,or the Just,i,:ce 'Department. They
,put in ma~y long' hour's. apd he is extre,mel,y, proud' of them.
Also, a special word of appreciat;i,.on ,to Knox Askins, who spent
m~~y long hours and extra phone calls trying to expedite the
proceedings.
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Announced, that the ~ounty has started wo~k on the roads in.
Spenwick and'we 'should end up with some very good streets out
there.
13.
Counci 1 Ac tion:
,Matuszak: Thanked Mr. Owen and the whole staff for their fine
job on, the Justice 'Department work"
Certainly need to do" something about '146 and Fairmont 'Parkway.
,Maybe we can get, a red-red delay or speed'bump, or something to
'. ~low people down. Someth;i,.ng needs to be done immediately on
this before more lives are lost. '
Graves: Thanks to .the staff for the information he had requested.
.. ....
Pfeiffer: Would like to see staff look, into condemning house
trailers, or ~hatever, that had ,been damaged during the hurricane.
He has been getting several calls on thi.s.
, '
Gay: ,Grateful for work staff apd Knox Askins did on. Justice
Department information.
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Skelton: The eyeball-to-eyeball contact we all had with the
people in Washington helped a lot, too, in addition to the work
'done by staff. Thanks to all of them.
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Minutes, Regular Meeting, La Porte City' Council
March 21, 1984, Page 5
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Has a report about go' cart racing, on North Farrington. ,Ap-
parently a Police officer had ipfor~eQ ,the riders that it was
now a designated place to ride go carts.' This'is not true, and
it really l1eeds: to be stopped, as it is ',dangerous to' the kids
riding them, as well as posing a' hazard to planes if' the carts
get too, close to the ru~way. Hopefully, the perimter fence will
help dete:r;- this situation.
. . . '. .
Requested ~h~t ,staff look into f~r~ishing a copy of the full
fire report 'each month rather than the one page report given
now, in order.to get a better handle on what the fire depart-
ment is doing.
Westergren: It, is time to do somet~ing about the intersection
at 146 and :Fairmont Parkway, ,whether i"t: be heavier patrolling,
pushing to get the speed limit reduced~ but we must do something.
It would be unfortunate if we let it go and some family is wiped
out in an accident out there.
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Skelton: We have sent representatives to ~ustin to meet with
the Highway Department and our, legislators, and we ke~p getting
the same old answer, "we, need money." They've got the engineering
work don~ and it's on the schedule"but it's ,getting the money.
You "re right - we' need to do, something right now.
" ,
Owen: Our police department'has been given instructions to patrol
there more, and they have beep doing so. , My ,personal observa-
tion has been that so many people are jl,l~t..traveling through, and-
they cal:1' t be, "trained" to slow down' there. '
. .' : . .
Cline: I have ..written the Governor, ,the Chairman of the State
Highway Commiss~on and to Orner PQorman of ,District l2. I don't
'anticipate them wr,i ting right back and saying they have, the,
money and,will pui~d the overpass. . Every ~ime they say there
are no funds to build highways. If anyone else has any ideas?
. . . .. .". .
Matuszak:, We have a bank that looks ,out on that intersection.
If we're having ac~idents as frequently as we are, it wouldn't
,take but, one'8-hour video tape ,fro~. the~r camera, splice it
showing the acc'idents,' and send it to ]l.ustin so they can ,see
for themselves. ,I think, tha t would, ,be very effective. . Another
thing would be to send a letter to the Highway Department every
time there is an accident where someone is injured. Bombard
them every time something happens.
Malone: Are we going to ride on the City float this year?
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Cline: Polled the Council. All present indicated they would
ride on the float.
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Mayor Cline called for an executive session on a legal matter.
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Minutes, Regular Meeting, La Porte City Council
March 21, 1984, Page 6
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14. Council adjou~ned .:i;nto executive ,session at 8:26 P.M. and
returned to the Counc,il table at 9:01 P.M.
15.' T,here 'being ,~o further' business to' ,come before the Council,
the meeting was duly adjourned at 9:01 P.M. '
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Respectfully submitted:
, '
Cherie Black, City Secretary
Passed & Approved this the
" 4th day of April, 1984
Virginia Cline, Mayor
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EMPLOYEE OF THE QUARTER - MARY BETROS
Mary has been employed by the Purchasing Division since
September of 1982, and has an excellent attendance record.
In the l8 months since her employment, she has' progressed from
secretarial/clerical dut~es to sched~~ing, exp~diting and buying.
She works with great efficiency, and has'worked overtime without
oompensation many times to ensure ~he,on-time comple~ion of
projects. She deals with many people daily in a courteous and
efficient manner.
Mary is very cost conscious, and her diligence has saved the
City over $2,000 in the recent past.
We feel Mary's contributions to' the' City of La 'Porte make her
a very worth recipient of the Employee of the Quarter award.
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DECKER Mce(DM, INC, REAL TORs<B>
222 North 16th Street, P,Q. Box 1711, La Porte, Texas 77571 · (7131 471-3633
October 18, 1983
City of La Porte
P.O. Box 1115
La Porte, Texas 7757L
Dear Sirs:
I am the owner of a tract of land containing 16.8898
acres, being Lots lB, 19, 20, 21 and 22 of the La
Porte Outlots, an addition to the City of La Porte,
Harris County, Texas. It is bounded on the East by
Sens Road and on the South by "D" Street.
I would like to request that the zoning on this tract
be changed to "Commercial", so that it will conform
with other similar tracts on Sens Road. Enclosed is
my check for $lOO.OO.
I have enclosed a copy of the plat for your review
and consideration. Thank you very much. -
Very truly yours,
REALTORS
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CaTY OF L~~ PORTE
MISCELLANEOUS RECEIPT
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NO,: . DA TE a..L
RECEIVED FROM: A...h<..bt.. j)Zr. ~_ ) .
TH,E SUM OF: ({l"YtL 'h~,fU/(~ cr- ..%--.
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-"'DOLLARS s/ tJ~/
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FOR. ~~::~~~.
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CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
TO:
FROM:
c~a Porte Planniog & Zoning Commission
D " ulissen - Chief Building Official
DATE: January 3, 1984
SUBJECT: Rezoning request La Porte outlots 18, 19, 20, 21, & 22
I have received a rezoning request from Decker McKim. This
request is the rezoning of La Porte outlots 18, 19, 20, 21, and 22
from R-1 residential to commercial. I have enclosed a map of the
area for your review.
I have reviewed the request and find
La Porte is within several months of
the comprehensive plan. There is no
construction indicated by Mr. McKim.
that this request be tabled until it
to the comprehensive plan.
the following,: The City of
having preliminary drafts of
specific land use or pending
In this light I recommend
can be reviewed and compared
If I can supply you with any other information, please contact me.
,
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CITY OF 'L.A PORTE
INTER-OFFICE MEMORANDUM
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TO: Planning & Zoning Commission
FROM: John Joerns - Director of Community Development
SUBJECT: Rezoning Request La Porte Outlots 18, 19, 20, 21, & 22
Ref.' Memorandum of David Paulissen-Chief Building Official 1/3/84
DATE: March 8, 1984
I have reviewed the rezoning request from Decker McKim as well as the
recommendation of David Paulissen dated January 3, 1984. Since no specific
land use or pending construction ,is contemplated, I concur with Mr. Paulissen1s"
recommendation to table this request until it can be reviewed and compared to
the land use plan proposed by the City's consultant.
The presentation of the preliminary comprehensive plan is tentatively
scheduled for the end of March or first of April., Due to the vast array of
activities that are currently allowable in the City's commercial zone there
is a very distinct pOSSibility that any interim proposal for development might
be incompatible wi'th the soon to,be recommended land use. '
Also, there is presently no sanitary sewer available to this area.
Obviously, the anticipated land,use for this area would have a direct bearing'
on the size and perhaps location of any new facilities. Therefore, it would
also benefit the City to have' the land use plan as well as the wastewater
collection plan available priur to entering into any utility extension agreement.
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cc: David Paulissen
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ORDINANCE NO. 780-CCCC
AN ORDINANCE AMENDING ORDINANCE NO. 7BO, THE CITY OF LA PORTE
ZONING ORDINANCE, BY CHANGING THE CLASSIFICATION OF THAT CERTAIN
PARCEL OF LAND. HEREIN DESCRIBED: AND PROVIDING AN EFFECTIVE DATE
HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte
hereby finds, determines and declares that heretofore, to-wit:
on the 8th day of March, 19B4, at 7:00 P.M., a public hearing
was held before the Planning and Zoning Commission of the City
of La Porte, Texas, pursuant to due notice, to consider the
question, of the possible re-classification of the zoning classi-
fication of the hereinafter described parcel of land.
There
is attached to this Ordinance as "Exhibit A," and incorporated
by reference herein and made a part hereof for all purposes, a
copy of "Notice of Public Hearing" which the City Council of
the City of La Porte hereby finds was properly mailed to the
owners of all properties located within two hundred feet (200')
of the properties under consideration.
Section 2. The Publisher's Affidavit of Publication of
notice of said hearing is attached hereto as "Exhibit B, II
incorporated by reference herein and' made a part hereof for
all purposes.
Section 3. Subsequent to such public hearing, the City
of La Porte Planning and Zoning Commission met in special
session on March B, 19B4, to consider the changes in classi-
fication which were the subject of such public hearing. The
Ci ty Council of the City of La Porte is in receipt of the
written r~commendations of the Citr of La Porte Planning and
Zoning Commission, by letters dated March 9, 1984, the original
of which letter is attached hereto as "Exhibit C," incorporated
by reference herein, and made a part hereof for all purposes.
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Ordinance No. 780-CCCC, Page 2.
Section 4. On the 4th day of April, 19B4, at 7:00 P.M.,
a public hearing was held before the City Council of the City
of La Porte, pursuant to due notice, to consider the question
of the possible re-classification of the zoning classification
of the hereinafter described parcel of land. There is attached
to this Ordinance as Exhibit liD", and incorporated by reference
herein and made a part hereof for all purposes, a copy of
"Notice of Public Hearing" which the City Council of the City
of La Porte hereby finds was properly mailed to the owners of
all properties located wi thin two hundred feet (200') of the
properties under consideration.
Section 5. The Publisher's Affidavit of Publication of
notice of said public hearing before the City Council of the
City of La Porte is attached hereto as "Exhibit E," incorporated
by reference herein and made a part hereof for all purposes.
Section 6. Subsequent to such public hearing, the City
Council of the City of La Porte reveiwed the written recommenda-
tions of the City of La Porte Planning and Zoning Commission,
and all of the evidence presented before it, and the City Council
of the City of La Porte hereby accepts the recommendation of
the City of La Porte Planning and Zoning commission, and the
zo~ing classification of the hereinafter described parcel of
land, situated within the corporate limits of the City of
La Porte, is hereby changed in accordance therewith, and the
zoning classification of said parcel of land shall hereafter be
"Commercial District."
The description of said parcel of
land, re-zqned is as follows, to-wit:
La Porte Outlots lB, 19, 20, 21, and
22, Harris County, Texas.
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Ordinance No. 7BO-CCCC, Page 3.
Section 7. The City Council officially finds, determines,
recites and declares that a sufficient written notice of the
date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall
of the City for the time required by law preceding this meeting,
as required by the Open Meetings Law, Article 6252-17, Texas
Revised Civil Statutes Annotated: and that this meeting has been
open to the public as required by law at all times during which
this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the
contents and posting thereof.
Section 8. This Ordinance shall be in effect from and
after its passage and approval.
PASSED AND APPROVED this 4th day of April, 19B4.
CITY OF LA PORTE
By
Virginia Cline, Mayor
ATTEST:
City Secretary
APPROVED:
City Attorney
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NOTICE OF PUBLIC HEARING
In accordance with the provisions of Ordinance 780, the
Zoning Ordinance of the City of La Porte, a public hearing will
be held at 7:00 P.M. on March 8, 1984, by the La Porte Planning
and Zoning Commission to consider rezoning Outlots 18, 19, 20,
21 and 22 of La Porte Outlots, from Residential to Commercial.
The purpose of rezoning the property is to bring it into zoning
conformance with similar tracts on Sens Road.
This hearing will be conducted in the Council Chambers of
the La Porte City Hall, 604 West Fairmont Parkway. Letters
concerning this matter should be addressed to the City
Secretary, P.O. Box 1115, La Porte, Texas 77571. Those
wishing to address this matter pro or con during the meeting
will be required to sign in before the meeting is convened.
CITY OF LA PORTE
(jj~ ~
Cherie Black
City Secretary
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, 'provisions of, Ordinance ,j
. 780,. the Zoning Ordinance 1
of the 'City of .La, Porte', a !
pubUc hearing will be held .~
at 7:00 P,M, on March 8, ~
1984, by the La ,Porte Plan- I
ning 'and Zoning Commis-
sion to cOnsider rezoning
Outlots'l8; 19, 20, 21 and 22
of La Porte Outlots, from
Residential to Com mer- ,I
cial:, The purpose of rezon-
ing the property. is to bring
It into zoning conformance
with, si...Uar tracts on Sens
Road: ""'" , ,,' ,;
This hearing will be con.
ducted in the Council
Chambers of the La Porte
City Hall, 604 West Fair- .
mont Parkwa)', Letters I
co~cerning~this matter
shOuld be addressed to the
City Secretary, P.O, Box
1115, La Porte, Texas 77571.
Those wishing to address
this matter pro or con duro
, J,ng the meeting wUl be reo
quir~ to'sign in before the
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1'~~~~~~~:*,:"CIierie Black . 'I
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PUBLIC NOTICE
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714 SO, BROADWAY
P.O, BOX 1414
LA PORTE, TEXAS 77571
(713) 471-1234
"Voice of the Bayshore Since 1947"
Published Every Thursday and Sunday
DENNIS C, WADE
EDITOR & PUBLISHER
County of Harris
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State of Texas
t'
Before me, the undersigned authority, on this date carne and
appeared Dennis C. Wade , duly recognized agent of
The Bayshore Sun, a bi-weekly newspaper published in La. Porte,
Harris County, Texas, and who after being duly sworn, says
the attached notice was published in The Bayshore Sun of .
February 22, 1984
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Sworn and subscribed before me this c:l9,:!i day of :zJ1.(t.,uL A.D.
19n.
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NOTICE OF PUBLIC HEARING
In accordance with the provisions of Ordinance 780, the
Zoning Ordinance of the City of La Porte, a public hearing will
be held at 7:00 P.M. on April 4, 1984, by the La Porte City
Council to consider rezoning Outlots 18, 19, 20, 21 and 22 of
La Porte Outlots, from Residential to Commercial. The purpose
of rezoning the property is to bring it into zoning conformance
with similar tracts on Sens Road.
This hearing will be conducted in the Council Chambers of
the La Porte City Hall, 604 West Fairmont Parkway. Letters
concerning this matter should be addressed to the City
Secretary, P.O. Box 1115, La Porte, Texas 77571. Those
wishing to address this matter pro or con during the meeting
will be required to sign in before the meeting is' convened.
CITY OF LA PORTE
Cherie Black
City Secretary
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PUBLIC NOTICE
NOTICE OF PUBLIC HEARING
. ~ ,"; .
In ac:CGl'danc:e with the provisions
of Ordlnanc:e 780, the Zoning Or-
dlnanc:e of the Clly of La Pone. a
pubUc: hearing wll Ibe held al '7:00
P,M, "n APril 4, 11184. by the' La
Porte Clly COuncil to consider
rezoning Outlogs 18, 18, 20 21 and 22
of La Porte Outlots, from Reslden.
tlal to Commercial, The purpose of
rezoning tbe property Is to bring It .
Inlo zoning eonformanee' with
similar Irac:" on Sens Road. '\ .
This hearing will be c:onduded In
Ihe Council Chambers of the La '
Porle Clly lIall, 801 Wesl Falrmont
Parkway. Letters c:oneemlng this
m!lUer should be addressed 10 the
City Sec:retary, P,O. BOll 1115, La
Porte, Texas 77571. Those wishing to
address this mailer pro or eon dur-
ing Ihe meeting will be required to ..
sign In before Ihe meeting In eonven.
ed.
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CITY OF LA PORTE
t1Ierle Black . ", '/"l':~,:'
Clly Secretary
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714 SO, BROADWAY
p,O, BOX 1414
LA PORTE, TEXAS 77571
(713) 471.1234
"Voice of the Bayshore Since 1947"
Published Every Thursday and Sunday
DENNIS C, WADE
EDITOR & PUBLISHER
County of Harris
State of Texas
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Before me, the undersigned authority, on this date came and
appeared Dennis C. Wade , duly recognized agent of
The Bayshore Sun, a bi-weekly newspaper pUblished in La Porte,
Harris County, Texas, and who after being duly sworn, says
the attached notice was published in The Bayshore Sun of
March 21. 1984
~~
SwoJ~ and subscribed before me this c:2 9 p;' day of 7Jt~ A .D.
19 .
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TO:
CITY MANAGER
FROM:
DATE: ,
Debra B. ,Co~e, '
'March 28, 1984
REQUEST FOR CITY COUNCIL' AGENDA ITEM
2.
x
Report
1. Agenda Date Requested:
April 4, 1984
Resolution
Ordinance
3. Project Summary:
4. Action Required:
Eugene Hovey, CPA, is to present the Comprehensive Annual
Financial Report for the fiscal year 'ending September 30, 1983,
to the City Manager and Council. '(This includes the annual
independent audit.) The City of La Porte has presented this
report to the Municipal Finance Officers 'Association for
review and a Certificate of Conformance. (#3 for the city.)'
none
5., Alt'ernative:
none
6.' Recommendat~'on
none
7.' Exhibits:
Comprehensive Annual Financial Report
September 30, 1983
8. Availability of Funds:
General Fund
Water/Wastewater
Capital Improvrnt.
General Revenue Sharing
Other
Account Number:
Funds Available: Yes No
-&~A~ra B.-=
quested ~y Finance Officer
9. Approved for City Council Agenda
G? ,,-f~~ ' -r: ~\.Q.IVCr--"
Ci ty r.mnager
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Date
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MEMORANDUM
March 30, 1984
TO: Mayor and City Council
FROM: City Secretary
SUBJECT: Agenda Item 8 - Resolution Approving Incorporation
of City of 'La Porte Health Facilities Development
Corporation'
Mr. Askins is working on this resolution. It will be at your
places at the Council table Wednesday night.
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City Manager
FROM: Public Works
Date: 3-30-
REQUEST FOR CITY COUNCIL AGENDA ITEM'
2.
Report
Resolution
Ord~nance
1. Agenda Date Requested:
4-4-84
x
3. Proj~ct Summary: Reduce speed limits on SH 146 frontage roads to reduce
accidents at major intersections. City is responsible for erection and
maintenance of signs,.
4. Action Required: Pass ordinance regulating speeds on SH 146 frontage roads.
5. Alternative: Take no action, or consider different speeds for frontage
roads.
6. Recommendation: Pass ordinance as presented.
7. Exhibits: Attach~d.
a.Availability of Funds: x General Fund
Capital Improvmt!
Other
Account Number: 001-700-705-210
.Water/Wastewater
General Revenue Sharing
9.Approved for City Council Agenda
FI
City Manager
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INTER-OFFICE MEMORANDUM
SUBJECT:
.---,-- DATE:, March 30, 1984
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TO:
FROM:
Limits on SH 146
The City of La Porte is considering lowering the speed limit along
the frontage roads of State Highway 146. Several factors indicate that
the speed as presently posted is too high for safe driving conditions.
The highest accident locations in the City of La Porte are at the inter-
sections of SH 146 and West Fairmont Parkway and SH 146 and West Main
(Spencer Highway). Posted speed limits approaching the intersections
on the frontage roads are presently 50 mph.
The use of the frontage roads as the main highway due to the lack of
completion of the main highway, together with the lack of an overpass
at Fairmont Parkway, contribute to the excessive speed approaching
these intersections. Rapid development along the highway, together
with increased traffic, especially truck traffic, indicates that the
posted speed should be much slower, especially because thru traffic
must stop at these intersections.
The City of La Porte has contacted the State Department' of Highways
and Public Transportation concerning the posted speed along the
frontage roads. They advised that the City can pass an emergency
ordinance regulating speed on the frontage roads only. In taking such
action, the City would be responsible for erection and maintenance of
the new sighs.
The recommended speed limit for frontage roads from the north city
limits to just south of Fairmont Parkway is 35 mph. This would reduce
the possiblity of accidents at the major intersections. Gradual
increase of speed south of Fairmont Parkway is recommended to conform
with actual traffic conditions.
Because State law prohibits the reduction of speed by more than 15 mph
at once, the speed will transition from 55 to 45 mph, and then down
to 35 mph south of Fairmont Parkway.
Attached for consideration is an ordinance designating the various
speed zones, along with locations. Estimated material cost is TWELVE
HUNDRED DOLLARS ($1,200.00). This will cover the larger sign size
and heavy posts needed to carry the larger signs.
If you should have any questions, please advise.
JLH/HF/me
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