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HomeMy WebLinkAbout1985-03-20 Regular Meeting La Porte City Council• • • MINUTES OF THE REGULAR MEETING OF LA PORTS CITY COUNCIL MARCH 20, 1985 1. The meeting was called to order by Mayor Cline at 6:00 P.M. Membe s o C~~ Council P ese Mayor Virginia Cline, Councilpersons Paula Bridges, Ed Matuszak, Betty Waters, Lindsay Pfeiffer, Deotis Gay (arrived at 6:04), B. Don Skelton, Linda Westergren Members of Cif Council Absent: None 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, Chief of Police Herb Freeman, Assistant Director of Public Works Luther Maxey, Assistant Director of Public Works Steve Gillett, Director of Community Development John Joerns, Purchasing Agent Jackson Ray • Others Present: Rev. LeRoy Fleck; Terry Robbins; Lewis and Bob McLain, Lewis McLain and Associates; David Fetzer, Moroney and Beisnner; Eugene Hovey, CPA; Pam Smith, Bayshore Sun; 18 citizens 2. The invocation was given by Rev. LeRoy Fleck. 3. Council considered approving the minutes of the regular meeting held March 6, 1986. Councilperson Westergren asked that on item 13, the words "statistical information" be clarified to mean "leasing information". Councilperson Skelton asked that his name be added to those speaking during Council Action. Motion was_made ~ Counciloerson Skelton too ao~roye the minutes of the March 6 meet~.ng as amended. Second by Councilperson Westergren. The motion carried, 7 ayes and 0 nays. (Councilperson Gay had not yet arrived.) Ayes: Councilpersons Bridges, Matuszak, Waters, Pfeiffer, Skelton, Westergren and Mayor Cline Nays: None • • • • Minutes, Regular Meeting, La Porte City Council March 20, 1985, Page 2 4. Mayor Cline apprised Council and the citizens present that research had been done regarding granting on-premise beer and wine licenses to establishments, and found an amendment was made to the State liquor laws in 1983 concerning distances from churches and schools. City Attorney Askins explained the changes in distances and how the measurements are to be made. He requested that the ordinance granting a beer and wine on-premise license to Bo-Jungles Restaurant be withdrawn from the agenda since the establishment did not meet the legal distance required by the State. Reverend LeRoy Fleck addressed Council to present letters from area pastors regarding the granting of liquor and wine permits in our city and expressing their concern that it appears to be continually expanding in our city. He expressed his appreciation for the State law change changing the legal distances from schools. Mr. Terry Robbins addressed Council regarding the granting of • wine and beer licenses, and asked that consideration be given to a better method and system of reporting from establishments with permits to serve wine and beer with food, as called for in the ordinance. He gave statistics regarding the use of alcohol and other drugs in relation to accidents. He asked Council to take his suggestions under advisement and see if something could be done to alleviate the problem in our community. The Mayor expressed her appreciation in hearing from Reverend Fleck and Mr. Robbins, and for the seven letters from area pastors. The City Council has taken a look at the beer and wine licenses in the city, and called attention to the fact that the city has no control over mixed drink licenses that are issued; the only control the city has is over beer and wine permits. She assured that an honest effort has been made to keep them in eating establishments. 5. Council considered approving the annual audit report. Motion was made by Councilperson Skelton to adopt t.~ie City of La Porte audit report as presented. Second by Councilperson Gay. The motion carried, 8 ayes and 0 nays. • • • • Minutes, Regular Meeting, La Porte City Council March 20, 1985, Page 3 Ayes: Councilpersons Bridges, Matuszak, Waters, Pfeiffer, Gay, Skelton, Westergren and Mayor Cline Nays: None 6. Council considered an ordinance updating the City of La Porte Electrical Code. This item had been tabled from the meeting of March 6 by Councilperson Gay. Councilperson Gay indicated that he was ready to place this item for consideration by Council at this time. The City Attorney called attention to a typo on page 2, line a. The word "each" should be stricken from that line. The City Attorney read: ORDINANCE 1254-B - AN ORDINANCE AMENDING ORDINANCE N0. 1254, COMMONLY REFERRED TO AS THE CITY OF LA PORTS ELECTRICAL CODE, OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTS; PROVIDING FOR THE ADOPTION OF THE 1984 VERSION OF THE NATIONAL ELECTRIC CODE; ALTERING THE SCHEDULE OF FEES FOR INSPECTION; ALTERING REQUIREMENTS FOR FLEXIBLE CONDUITS; ALTERING REQUIREMENTS FOR SERVICE DISCONNECTIONS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAWS; PROVIDING A • SEVERABILITY CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE GUILTY OF A MISDEMEANOR AND UPON CONVICTION THEREOF SHALL BE.FINED IN ANY SUM NOT MORE THAN $200.00 PER OCCURRENCE; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion_wa.s made by~Council,person Westerg~D to~dopt o~ an nce 124-B as read ~ the Cit~,Attornev. Second by Councilperson Skelton. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Bridges, Matuszak, Waters, Pfeiffer, Gay, Skelton, Westergren and Mayor Cline Nays: None 7. Council considered an ordinance approving a wine and beer retailers license for "Leaning House of Pasta". The City Attorney read: ORDINANCE 1000-R - AN ORDINANCE AMENDING ORDINANCE N0. 1000 OF THE CITY OF LA PORTS, TEXAS, DESIGNATING THE AREAS WHERE BEER FOR CONSUMPTION ON THE PREMISES MAY BE SOLD AND PROHIBITING THE SALE ELSEWHERE; PROVIDING FOR HOURS OF OPENING AND CLOSING; PROVIDING SALE OF BEER FOR CONSUMPTION OFF PREMISES SHALL NOT BE AFFECTED; • • • • Minutes, Regular Meeting, La Porte City Council March 20, 1985, Page 4 DEFINING SOURCE OF AUTHORITY; PROVIDING THAT NO LICENSE SHALL BE ISSUED EXCEPT FOR THE AREAS HEREIN DESIGNATED; DEFINING RESTAURANT; GRANTING A PERMIT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Counci~,person_Pfeiffer to adopt ordinance number 1000-R as read by the Citv Attornev. Second by Councilperson Westergren. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Bridges, Matuszak, Waters, Pfeiffer, Gay, Skelton, Westergren and Mayor Cline Nays: None 8. Council considered an ordinance approving a wine and beer retailers license for "Pizza Inn". It was explained that Pizza Inn currently has a wine and beer retailers license, but that a new license is necessary due to a change in ownership of Pizza Inn. • The City Attorney read: ORDINANCE 1000-5 - AN ORDINANCE AMENDING ORDINANCE N0. 1000 OF THE CITY OF LA PORTE, TEXAS, DESIGNATING THE AREAS WHERE BEER FOR CONSUMPTION ON THE PREMISES MAY BE SOLD AND PROHIBITING THE SALE ELSEWHERE; PROVIDING FOR HOURS OF OPENING AND CLOSING; PROVIDING SALE OF BEER FOR CONSUMPTION OFF PREMISES SHALL NOT BE AFFECTED; DEFINING SOURCE OF AUTHORITY; PROVIDING THAT NO LICENSE SHALL BE ISSUED EXCEPT FOR THE AREAS HEREIN DESIGNATED; DEFINING RESTAURANT; GRANTING A PERMIT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Pfeiffer to adopt ordinance 000-5 as read by the City Attornev. Second by Councilperson Gay. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Bridges, Matuszak, Waters, Pfeiffer, Gay, Skelton, Westergren and Mayor Cline Nays: None 9. Item 9 had been previously removed from the agenda. • • • • Minutes, Regular Meeting, La Porte City Council March 20, 1985, Page 5 10. Council considered a consent agenda. A. Consider approving 1985 Fire Protection Agreement with Harris County B. Consider a contract with Bayshore Community Development, Inc. C. Consider awarding a bid for sign material D. Consider awarding bid for demolition of dangerous buildings The Mayor and Councilperson Skelton requested that item B be removed from the consent agenda for further study. Councilperson Skelton moved to table item 10B~with the rovision that they Bavshore Community Development be required to brim the names of the_people in_La Porte and where they_were taken. Councilperson Matuszak seconded the motion and asked that the data presented by Bayshore Community • Development be verified. The motion to table carried, 8 ayes and 0 nays. Ayes: Councilpersons Bridges, Matuszak, Waters, Pfeiffer, Gay, Skelton, Westergren and Mayor Cline Nays: None Motion was made by,Councilperson P~atuszak to ap_p,~ove items 10A._10C and 10D. Second by Councilperson Waters. The motion carried, 8 ayes and 0 nays. Emergency addendum 4~1 was then addressed by Council. This item was: Consider adopting a resolution approving the resolution of the City of La Porte Industrial Development Corporation, authorizing the issuance of bonds for the Bayport Project. These bonds are for the former.Bayport Project, which is now the Clear Lake Doctors Group - III, in the amount of $1,300,000. This is the project on Fairmont Parkway consisting of a car wash and mini-storage warehouses. The City Attorney summarized the resolution. Motion was made by_Councllp.erson Matuszak to_ado~t the resolution. Second by Councilperson Pfeiffer. The motion carried, 8 ayes and 0 nays. • I I • • • Minutes, Regular Meeting, La Porte City Council March 20, 1985, Page 6 Ayes: Councilpersons Bridges, Matuszak, Waters, Pfeiffer, Gay, Skelton, Westergren and Mayor Cline Nays: None Emergency addendum ~~2 was addressed. This item was: Consider adopting a resolution regarding State billboard legislation. The City Attorney read Resolution 85-3. Motion was made b~.Coun.cilP.erson_G.av to adopt Resolution 85-3 as read by_the Citv Attorney. Second by Councilperson Pfeiffer. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Bridges, Matuszak, Waters, Pfeiffer, Gay, Skelton, Westergren and Mayor Cline Nays: None 11. The continuation of the water rate study update by r1r. Lewis McLain was then held. At the conclusion of Mr. McLain's report, Mr. David Fetzer of Moroney, Beissner addressed Council regarding method and requirements of financing bonds • for utility improvements. 12. There were no administrative reports. 13. Councilpersons Bridges, Skelton, and Mayor Cline brought items to Council's attention. Mayor Cline reported limit ordinance from the April 3 agenda. letter and ordinance instructed the City boxes. she had received a construction speed Omer Poorman that needs to be placed on Councilperson Gay requested a copy of the so it could be studied. The Mayor Secretary to put a copy in Council's 14. There was no executive session. 15. There being no further business to come before the Council, the meeting was duly adjourned at 7:51 P.M. Respectfully submitted: Cherie Black, City Secretary ` • Minutes, Regular Meeting, La Porte City Council ~~ March 20, 1985, Page 7 Passed & Approved this the 10 h day of April, 1985 ~~~% ' ~i~~~,CGY/ ,vCi M • • ORDINANCE NO. 1254-B AN ORDINANCE AMENDING ORDINANCE NO. 1254, COMMONLY REFERRED TU AS THE CITY OF LA PORTS ELECTRICAL CODE, OF THE CODE OF OR- DINANCES OF THE CITY OF LA PORTS; PROVIDING FOR THE ADOPTION OF THE 1984 VERSION OF THE NATIONAL ELECTRIC CODE; ALTERING THE SCHEDULE OF FEES FOR INSPECTION; ALTERING REQUIREMENTS FOR FLEXIBLE CONDUITS; ALTERING REQUIREMENTS FOR SERVICE DISCONNEC- TIONS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAWS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE GUILTY OF A MISDEMEANOR AND UPON CONVICTION THEREOF SHALL BE FINED IN ANY SUM NOT MORE THAN $200.00 PER OCCURANCE; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTS: Section 1. The Electric Code of the City of La Porte, Ordinance No. 1254, Part 1. , Section 1.30 of the Code of Ordiances of the City of La Porte, Texas, is hereby amended to read as follows, to-wit: 1.30 Ado tion of National Electric Code. The regulations and rules of the National Board of Fire Underwriters embodied in the National Electric Code, 1984 version, are hereby adopted as the rules and regulations to govern and to be observed and followed in all electric wiring and in all electrical con- struction, installation, repair, alteration, operation and main- tenance of electric wiring, apparatus, and fixtures, except in- sofar as they may conflict with the provisions of the City of La Porte Electric Code. In a case of conflict between the pro- visions of the National Electric Code and the provisions of the City of La Porte Electric Code, the provisions of the City of La Porte Electric Code shall prevail. Section 2. The Electric Code of the City of La Porte, Ordinance No. 1254, Part 1., Section 3.10, of the Code of Ordinances of the City of La Porte, Texas, is hereby amended to read as follows, to-wit: 3.10 Schedule of Fees for Inspection. The master elec- trician or maintanence electrician making or supervising in- stallation or alteration of electric wiring, apparatus, devices, ~~ • ORDINANCE NO. 1254-B Page 2 C~ appliances, fixtures or equipment, shall pay to the City a fee in such amount as specif ied below: (a) Outlets (1st 4) $ 2.00 each (b) Outlets (all others) $ 0.40 each (c) Dryer $ 2.00 (d) Rang e $ 2.00 (e) Cook Top $ 1.00 (f ) Garbage Disposal $ 1.00 (g) Dishwasher $ 1.00 (h) Oven (residential) $ 1.00 (i) Oven (commercial) $ 5.00 (j) Water Heater S 2.50 (k) A/C, Plug-In Units $ 2.00 (1) Ceiling Fans $ 1.00 (m) Washing Machine $ 1.00 (n) Vent Fan $ -0 (m) All Services $10.00 (o) All Meter Units $ 5.00 (p) Attic Fans S 1.00 (q) T-Pole (Saw Pole) $10.00 { r) Temp Cut-In $10.00 (s) Issue Fee (Permit) $ 5.00 (t) Re-inspection Fee $10.00 (u) Min. Charge on Permits $10.00 (v) Re-connection fee $ 5.00 (w) X-Ray Machines $10.00 (x) Poles, Anchors, & Guy Stubs $ -0- (y) Gas or Vaccum Tube Signs (per transformer) $ 4.00 (z ) Incandescent Signs, per circuit $ 4.00 (aa) Motor Picture Machine $ 3.00 (bb) Motors Up to but not including 1/2 HP S (cc) 1/2 HP and less than 2 HP 3.00 (dd) 2 HP and l ess than 10 HP $ 4.00 (ee) 10 HP and less than 25 HP $ 5.00 (ff) 25 HP and less than 100 HP $10.00 (gg) 100 HP and less than 150 HP $12.00 (hh) 150 HP and over, per HP $ 0.10 (ii) Electric Welder $ 2.00 Section 3. The Electric Code of the City of La Porte, Ordinance No. 1254, Part 2., Section 6.05, of the Code of Ordinances of the City of La Porte, Texas, is hereby amended to read as follows, to-wit: 6.06 Flexibile Conduit. Flexible metallic conduit may be used, provided that said flexible metal conduit meets all ~~ • ORDINANCE NO. 1254-B Page 3 specifications of the National Electric Code. Provided, however, that the wiring method of BX/Armour Clad is specifically pro- hibited. Section 4. The Electric Code of the City of La Porte, Ordinance No. 1254, Part 2., Section 6.09, of the Code of Ordinances City of La Porte, Texas, is hereby amended to read as follows, to-wit: 6.09 Service Disconnect. Service disconnecting means shall be located so that the height of center of the operating handles shall be not less than four (4) feet and not more than six (6) feet above the floor of the finish grade, except as installed in free standing or building type switchgear build to NEMA speci- f ications. Section 5. The City Council officially finds, deter- mines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during 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 6. 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 ~~ • • ORDINANCE NO. 1254-B Page 4 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 7. Any person, as def fined in Section 1.07 (27) , Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). Section 8. This Ordinance shall be effective from and after its passage and approval. PASSED AND APPROVED this the day of , 1985. CITY OF LA PORTE By Virginia Cline, Mayor ATTEST: Cherie Black, City Secretary • • ORDINANCE NO. 1000-R AN ORDINANCE AP+IENDING ORDINANCE NO. 1000 OF THE CITY OF LA PORTE, TEXAS, DESIGNATING THE AREAS WHERE BEER FOR CONSUMPTION ON THE PREMISES MAY BE SOLD AND PROHIBITING THE SALE ELSEWHERE; PROVID- ING FOR HOURS OF OPENING AND CLOSING; PROVIDING SALE OF BEER FOR CONSUMPTION OFF PREMISES SHALL NOT BE AFFECTED; DEFINING SOURCE OF AUTHORITY; PROVIDING THAT NO LICENSE SHALL BE ISSUED EXCEPT FOR THE AREAS HEREIN DESIGNATED; DEFINING RESTAURANT; GRANTING A PERMIT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City of La Porte desires to regulate the closing hours for the sale of beer by retailers selling beer for consumption on premises in accord with provisions of Vernon's Texas Codes Annotated, Section 109.32 of the Alcoholic Beverage Code of the State of Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. DEFINITIONS: Restaurant: A building or portion of a building, not operated as a dining room in connection with a. hotel or boarding hotel, where the primary business is the on- premises sale of prepared food, with adequate kitchen facilities for the preparation of the food to be sold, the adequacy of said kitchen facilities to be based upon the seating capacity of the restaurant and the typ e of menu offered, and where alcoholic beverag es may be sold under the following conditions: (1) At least sixty-f ive ( 65 ) percent of the gross income shall be derived from the sale of prepared food . (2) Any outside entrances, outside separate identi- fication, outside signs or other advertising shall not use any of the words "bar," "tavern," "lounge," "ice house," or "beer," or any word of like import, to identify the business. (3) Beer shall be served as a beverage only in con- nection with the service of prepared food to a customer. (4) Whenever the building official on the basis of a sworn complaint from any credible person deter- mines that a violation of this section exists, he may require any person serving alcoholic beverages as an incidental use to provide the City, within thirty (30) days of notification, a verified audit for each of the preceding four (4) calendar quarters, showing the gross income derived from the sale of alcoholic beverages and the gross income derived from the sale of food. Such verified audit shall be supported by copies of_ licensee's invoices and cancelled checks to substantiate its beer and food purchases. No more than two ( 2) audits per year shall be required. ~~ CJ Ordinance No. 1000-R, Page 2. • Section 2. In addition to the locations specified in Sec- tion 1 of Ordinance No. 1000, passed and approved by the City Commission of the City of La Porte on August 19, 1974, the sale of beer shall also be p ermitted during the hours set by the general laws of the State of Texas at a restaurant, as herein defined, to be located at the following location, by a retailer selling beer for consumption on premises, to-wit: STREET ADDRESS OF PROPERTY: 1104 S. 8th Street La Porte,- Texas 77571 LEGAL DESCRIPTION OF PROPERTY: Block 1101 Lots 22-25 Town of La Porte NAME OF APPLICANT: FRAN E. JACKSON ADDRESS OF APPLICANT: 3903 Bonita Lane La Porte, Texas TRADE OR ASSUMED NAME OF RESTAURANT BUSINESS: "Leaning House of Pasta" Section 3. This Ordinance shall constitute a permit for the operation of a restaurant, as herein defined, at the above location, which p ermit shall be personal to the applicant, and non-transferable, and shall be further conditioned that the permittee shall comply with the provisions of the Texas Alcoholic Beverage Code, and all other applicable federal, state, and local laws and ordinances, including the provisions of this Ordinance. The City Council may revoke the permit granted hereby if it finds that any of the conditions imposed hereby are not met, or hereafter cease to exist, or in the event licensee ceases business and closes to the public for at least ninety (90) consecutive days. ~~ Ordinance No. 1000-R, Page 3. Section 4. Except and to the extent amended hereby, Ordi- nance No. 1000 shall remain in full force and effect. Section 5. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. ccrt;nn h_ This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this 20th day of March, 1985. CITY OF LA PORTS By Virginia Cline, Mayor ATTEST: Cherie Black, City Secretary APPROVED: ~~~~~ ~N ' nox W. Ask ins, City Attorney • • ORDINANCE NO. 1000-S AN ORDINANCE AMENDING ORDINANCE NO. 1000 OF THE CITY OF LA PORTE, TEXAS, DESIGNATING THE AREAS WHERE BEER FOR CONSUMPTION ON THE PREMISES MAY BE SOLD AND PROHIBITING THE SALE ELSEWHERE; PROVID- ING FOR HOURS OF OPENING AND CLOSING; PROVIDING SALE OF BEER FOR CONSUMPTION OFF PREMISES SHALL NOT BE AFFECTED; DEFINING SOURCE OF AUTHORITY; PROVIDING THAT NO LICENSE SHALL BE ISSUED EXCEPT FOR THE AREAS HEREIN DESIGNATED; DEFINING RESTAURANT; GRANTING A PERMIT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City of La Porte desires to regulate the closing hours for the sale of beer by retailers selling beer for consumption on premises in accord with provisions of Vernon's Texas Codes Annotated, Section 109.32 of the Alcoholic Beverage Code of the State of Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE Section 1. DEFINITIONS: Restaurant: A building or portion of a building, not operated as a dining room in connection with a hotel or boarding hotel, where the primary business is the on- premises sale of prepared food, with adequate kitchen facilities for the preparation of the food to be sold, the adequacy of said kitchen facilities to be based upon the seating capacity of the restaurant and the type of menu offered, and where alcoholic beverag es may be sold under the following conditions: (1) At least sixty-five (65) percent of the gross income shall be derived from the sale of prepared food. (2) Any outside entrances, outside separate identi- fication, outside signs or other advertising shall not use any of the words "bar," "tavern," "lounge," "ice house," or "beer," or any word of like import, to identify the business. (3) Beer shall be served as a beverage only in con- nection with the service of prepared food to a customer. (4 ) Whenever the building official on the basis of a sworn complaint from any credible person deter- mines that a violation of this section exists, he may require any person serving alcoholic beverages as an incidental use to provide the City, within thirty (30) days of notification, a verified audit for each of the preceding four (4) calendar quarters, showing the gross income derived from the sale of alcoholic beverages and the gross income derived from the sale of food. Such verified audit shall be supported by copies of licensee's invoices and cancelled checks to substantiate its beer and food purchases. No more than two ( 2) audits per year shall be required. ~i ~J Ordinance No. 1000-5, Page 2. • Section 2. In addition to the locations specified in Sec- tion 1 of Ordinance No. 1000, passed and approved by the City Commission of the City of La Porte on August 19, 1974, the sale of beer shall also be permitted during the hours set by the general laws of the State of Texas at a restaurant, as herein defined, to be located at the following location, by a retailer selling beer for consumption on premises, to-wit: STREET ADDRESS OF PROPERTY: 1128 S. Broadway La Porte, Texas 77571 LEGAL DESCRIPTION OF PROPERTY: Block 1109 Lots 15-17 Town of La Porte NAME OF APPLICANT: ADDRESS OF APPLICANT: Restaurant Ventures, Inc. Eric D. Slack, President 8311 F.M. 1960 East Humble, Texas 77338 TRADE OR ASSUMED NAME OF RESTAURANT BUSINESS: "Pizza Inn" Section 3. This Ordinance shall constitute a permit for the operation of a restaurant, as herein defined, at the above location, which permit shall be personal to the applicant, and non-transferable, and shall be further conditioned that the permittee shall comply with the provisions of the Texas Alcoholic Beverage Code, and all other applicable federal, state, and local laws and ordinances, including the provisions of this Ordinance. The City Council may revoke the permit granted hereby if it f finds that any of the conditions imposed hereby are not met, or hereafter cease to exist, or in the event 1 icensee ceases business and closes to the public for at least ninety (90) consecutive days. D~ • Ordinance No. 1000-S, Page 3. • Section 4. Except and to the extent amended hereby, Ordi- nance No. 1000 shall remain in full force and effect. Section 5. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 6. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this 20th day of March, 1985. CITY OF LA PORTE By Virginia Cline, Mayor ATTEST: Cherie Black, City Secretary APPROVED: nox W. Ask ins, City Attorney ~~ • r~~ TO FIRE DEPT: ZONE: .. • HARRIS COUNTY FIRE MARSHAL Inter Office Correspondence FIRE CHIEF FROM J. J. PRUITT DATE March 5, 1985 La Porte SUBJECT FIRE PROTECTION 34 AGREEilENT Attached you will find a copy of the 1985. Agreement regarding rural/urban fire protection in Harris County. Please complete the necessary informa- tion and return the agreement to the Harris County Fire Marshal's Office as soon as possible. Based on 1984 statistics each fire department will receive an amount using the formula below: RATE RUNS BASE RATE ~ Structural Fire (per run) 1 Non-Structural Fire (per run) 2 Emergency Response (per run) 5.00 13 Mutual Aid (per run) 1 TOTAL AMOUNT $ 6,000 150 50 65 50 6,315 I would like to express my sincere appreciation to your fire department for your services in 1984 Congratulations on a job well done. Sincerely, ~~ J. J. PRUITT Fire Marshal . ~~ LS:jaa (Agr'eement #Ic) 1-5-85 19,464 • • A G R E E M E N T THE STATE OF TEXAS § COUNTY OF HARRIS § THIS AGREEMENT, made and entered into by and between HARRIS COUNTY, a body corporate and politic under the laws of the State of Texas, hereinafter sometimes called "County," acting herein by and through its County Judge duly authorized to so act by an ceder of the Harris County Commissioners Court, and the City of La Porte a municipal corporation duly organized and existing under the laws of the Stage of Texas, hereinafter sometimes called "City," acting herein by and through its Mayor duly authorized to so act by an C~dinance duly passed by the City. W I T N E S S E T H: WHEREAS, Harris County desires to provide fire fighting and fire protec- tion services to certain unincorporated areas of Harris County hereinafter desig- nated to preserve the property of the County and to preserve and protect ttie public health of the citia?ns of the County; and WHEREAS, the City is willing to furnish fire fighting and fire protection services to said unincorporated areas of Harris County for the considerations hereinafter provided; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in consideration of the mutual covenants, ~ ac~eements and benefits to both parties, it is AGREED as follows: I. Ding the term of this agreement, the City agrees to furnish fire fighting and fire department protection services to the unincorporated areas adjoining the corporate limits of this City designated by Zone Number 34 on the official fire protection acne map of Harris County, to which reference is here made . II. Harris County agrees to pay the sum of $ 6,315.00 to the City for fire fighting and fire protection services to the unincorporated area of Harris County pursuant to Paragraph I of this agreement. The County agrees said sum r-~ • is to be paid to the City within thirty (30) days after the execution of this contract. III. The term of this agreement shall be one (1) year beginning January 1, 1985, and ending L~cember 31, 1985. IV. It is hereby agreed and understood that the fire fighting and fire pro- tection services to be furnished by the City under this ac,~eement shall include, but not be limited to, the following: Answering all calls for help and assistance in extinguishing fires in the area designated in Paragraph I of this agreement; furnishing fire fighting personnel, equipment and supplies to fight all fires within the said area; and answering all calls and furnishing fire fighting per- sonnel , equipment and supplies to protect per sons and property within the said area which are endangered by fires in adjacent areas; provided that the above described personnel, equipment and supplies are not otherwise engaged in fire fighting within the City. V. The City shall observe and comply with all Federal, State, County and City laws, rules, ordinances and regulations in any manner affecting the conduct of the services herein provided and performance of all obligations undertaken by this agreement. VI. It is expressly. understood that the County has the maximum sum of $ 6,315.00 specifically allocated to fully discharge its obligations under this agreement and it is expressly understood that in no event shall the County be obligated to pay this City more than the sum of $ 6,315.00 under the terms and provisions of the agreement. VII. It is further agreed that in the performance of all obligations under - taken by this agreement, the City has the right to supervise, manage, control and direct the performance of fire fighting and fire protection services; the County shall look to the City far results only and the County shall have no right at any -2- ~3 u • time to direct or supervise the City or its agents or employees in the performance of such services or as to the manner , means or method in which the services are performed. VIII. The City will agrees to deliver to the Fire Marshal of Harris County a certified copy of the Ordinance authorizing the City to enter this Agreement within five (5) days after the execution of this Agreement. IX. The City agrees to furnish the Fire Marshal of Harris County, not later than the fifth (5th) day of each month, a monthly report listing the total number of runs made into the unincorporated areas of Harris County designated in paragraph I of this agreement for the previous month and such other information relating to fire fighting and fire prevention services of the City as may be requested by the Fire Marshal of Harris County. Said report shall be made on the form provided by the Harris County Fire Marshal and shall be signed and certified by an officer of the City. Executed this ATTEST: day of day of ~ .. 1985. CITY OF La Porte Secre tar y By - Mayor HARRIS COUNTY By JON LINDSAY, County Judge APPROVED AS TO FORM: MIKE DRISCOLL County Attorney Assistant County Attorney I hereby certify that funds are available in the amount of $ to pay the obligation of Harris County under and within the foregoing contract. J. F. FLACK, County Auditor Harris County, Texas -3- F~ • •- • ~.,_ ~, THE STATE OF TEXAS X X COUNTY OF HARRIS X This agreement, made and entered into this 21st_ day of March, 1985 by and between the CITY OF LA PORTS, a Municipal Corporation, of Harris County, Texas, hereinafter referred to as "La Porte", and Bayshore Community Development Corporation, an organization delegated by the governing body of Gulf Coast Community Services Association of Harris County, Texas, hereinafter referred to as "Bayshore", WITNESSETH: WHEREAS, BAYSHORE COMMUNITY DEVELOPMENT CORPORATION, is a non-profit, community-based, anti-poverty organization delegated by the governing body of Gulf Coast Community Services Association, and WHEREAS,The Bayshore Community Development Corporation Program Service Area includes the City of La Porte; and Whereas, La Porte recognizes a need for this type of program it is willing to provide funds to insure that its citizens benefit from this transportation services project, which will increase transportation mobility primarily for the elderly, handicapped and low-income residents: APPROPRIATION La Porte agrees to appropriate to BAYSHORE, a total of $8,000.00 in four quarterly payments of $2,000.00. In return La Porte citizens who are eligible for this program will receive any and all services Bayshore offers under the Transportation Service Project. It is La Porte's understanding that the service offered include trips made to medical facilities, social services (entitlement programs) pharmaceutical facilities, and shopping areas. OVERVIEW Transportation services will be delivered to a ridership on a demand response - subscription basis. The resident requesting service must telephone the Dispatch Office at least twenty-four (2~4) hours before actual appointment or trip time. The dispatcher will schedule pick-up by grouping similar times, destinations, locations and adjacent pick-up areas. The vans will pick-up residents at their home, transport them on a scheduled basis and pick-up for return by the same method. Emergency situations which fall outside of the regular 24-hour notice, demand response basis will be treated on a case-by-case basis. OPERATIONS Transportation Services will be provided for only La Porte low-income, elderly residents. The specific service area will be mutually defined between La Porte and Bayshore. Routes will be • ~~ • !"~- ~~ listed and displayed daily at the Dispatch Office and compiled in the most efficient configuration to serve the requested calls. Trip response will be predominately confined to Medical facilities, social service agencies, pharmacies, and shopping areas. Trips to enrichment/cultural activities will also be provided on a planned basis. VEHICLE_CONFIGURATION The Transportation Services Project has two (2) 15 passenger, 1982 Dodge Vans available to transport eligible residents. Assurance of service provision is enhanced by the 24-hour mandatory call-in lead time. Both preventive and remedial maintenance will be contracted out by Bayshore under competitive bidding arrangements. PROJECT STAFFING This agreement contemplates the funding initially of a full time Dispatcher - Driver reporting to the Transportation Committee of the Bayshore Community Development Corporation Board of Directors. Dispatching Office hours and drive time will be established on a regularized, daily basis, Monday through Friday, with at least one enrichment/cultural activity scheduled on a weekend day of each month. COMPENSATION La Porte agrees to compensate Bayshore Community Development Corporation for its services rendered, the sum of eight thousand dollars ($8,000.00), payable quarterly. Bayshore Community Development Corporation shall bill La Porte for the services it has rendered at the end of each quarter it renders service. The term of this agreement is from October 1, 1984, to September 30, 1985. INSURANCE BAYSHORE, agrees to maintain worker's compensation insurance to cover all its own personnel engaged in performing services to LA PORTS under this contract. BAYSHORE also agrees to maintain public liability insurance covering claims against BAYSHORE and La Porte, for damages resulting from bodily injury, death, or property damage from accidents arising in the course of services performed under this contract. The City of La Porte shall be an additional named insured under said liability insurance, which shall have limits of $100,000/$300,000/$100,000. Certificates of insurance shall be furnished to La Porte. HOLD HARMLESS Bayshore agrees to save and hold harmless La Porte from any loss, claim on liability arising out of this agreement. TERMINATION This contract may be terminated without cause at any time prior to completion of BAYSHORE COMMUNITY DEVELOPMENT CORPORATION'S services, either by L A PORTS or by BAYSHORE COMMUNITY DEVELOPMENT CORP ORATION, upon thirty (30) days written notice to the other party at the address of record. SUCCESSORS AND ASSIGNS LA PORTS and BAYSHORE COMMUNITY DEVELOPMENT CORPORATION each bind themselves, their successors to all covenants of this Agreement. Neiher LA PORTS nor BAYSHORE COMMUNITY DEVELOPMENT 02 • • ~~ CORPORATION shall assign, sublet, or tra Agreement without the written consent herein shall be construed as giving hereunder to anyone other than LA PORTS DEVELOPEMENT CORPORATION. Bayshore is of La Porte. nsfer its interest in this of the other. Nothing any rights or benefits and BAYSHORE COMMUNITY an independent contractor ENTIRE AGREEMENT This instrument contains the entire Agreement between LA PORTS and BAYSHORE COMMUNITY DEVELOPMENT CORPORATION. No one has authority to make variations in, or additions to, the terms of this Agreement on behalf of LA PORTS or BAYSHORE COMMUNITY DEVELOPMENT CORPORATION other than one of its officers, and then only in writing signed by said officer. EXECUTED IN DUPLICATE ORIGINALS, this the 21st_ day of March, 1985. CITY OF LA PORTS By Jack Owen, City Manager ATTEST: Cherie Black, City Secretary APPROVED: Knox Askins, City Attorney BAY SHORE COMMUNITY DEVELOPMENT CORP. B y __ BAYSHORE COMMUNITY DEVELOPMENT CORP. C~3 i .~ • -._ ~ ~---ws~ ,. T0: CITY MANAGER FROM: public works Director DATE: February 27, 1985 REQUEST FOR CITY COUNCIL~AGENDA ITEM 2. X ~ Report i 1. Agenda Date Requested: ~ ' ~ ~' - ~•`-~ Resolution CQ " ~ s ~~~~ ~ f~ /~~ ~~ Ordinanc e 3. Pro3ect. Summ~.ry: Sealed bid for purchase of sign material. Estimated quantities were used for bidding purposes. ~+. Action Required: Approve low bid and authorize a one year contract. 5.. Alternative: Buy on spot market. 6.' Recommendation Approve low bid and authorize one year contract. 7.' Exhibits: Attached. 8. Availability of Funds: X General Fund Water/Wastewater Capital Improvmt. General Revenue Sharing Other Account Number: 001-700-705-210 Fun Availab7~e~ X Yes No 9. ed for ity Council Agenda (~ ,,- - ~ %LV ~ ~ Manager Date ~~ Re4~i~sted • " • e.~ _ i, INTER-OFFICE r1EMORANDUM FEBRUARY 26, 1985 T0: S. Gillett - Assistant Director- of Public Works FROM: J. Ray - Purchasing Agent ~ SUBJECT: Sealed Bid ~~0085 - Sign Material Advertised, sealed bids X10085 for the purchase of assorted sign material were opened and read in City Council Chambers February 26, 1985 at 4 p.m. Sealed bids were mailed to five area manufacturers and distributors with the following three returning bids; (1) Safety Lights Inc., (2) Vulcan Signs, and (3) Crabtree Barricades. Vendors were asked to submit pricing on reflective sheeting, letters, numbers, and aluminum blanks which meet all rf.U.T.C.D. specifications for sign material. The materials quoted in this supply agreement will be used in resigning areas of Fairmont Parkway for the Public Works Dept. ongoing sign maintenance program. Low bid was submitted by Vulcan Signs of Foley, Alabama in the amount of $8,852.25 and a delivery time of thirty to forty-five days after receipt of order. I re- commend the City of La Porte accept the low bid from Vulcan Signs and sign a one- year supply agreement for the purchase of this material. I trust this recommenda- tion will meet with your approval. JR/mb cc: B. Herrera, J. Hodge Attachment: Bid Tabulation !10085 N a- • • !'~_!Z Sealed Bid 410085: Sign Material Quantities Safety Lights, Inc. Vulcan Crabtree 3M Signs Barricades ~~ NO BID 1. Reflective Sheeting, Letters, Numbers __ __ __ __ __ and Aluminum Blanks __ A. Reflective Sheeting 25 Rolls 129.38 ea. 100.13 ea. 108.00 ea. B. Letters and Numbers (Heat Activated) ~ -- -- -- -- -- 1. 3" White Letters "C" Series 100 pks. 4.05 2.48 3.35 __ 2. 6" White Letters "C" Series 100 pks. 10.15 6.12 7.50 __ 3. 3" White Numbers "C" Series, 0-9 100 pks. 4.05 2.48 3.25 __ 4. 6" White Numbers "C" Series, 0-9 100 pks. 10.15 6.12 7.40 __ C. Aluminum Blanks -- -- -- -- -- 1. 9" x 30" Extruded Alum. Blank 100 ea. 6.55 4.04 5.58 2. 9" x 36" Extruded Alum. Blank 200 ea. 7.98 4.84 6.70 3. 9" x 30" Extruded Alum. Blank-Green 100 ea. 11.94 9.57 10.58 4. 9" x 36" Extruded Alum. Blank-Green 200 ea. 14.45 11.50 12.42 D. TOTAL __ 12,409.50 8,852.25 10,290.00 2. Deliver Time in Days __ 10-45 Days __ 14-21 Days __ 3. Prom t Pa ent Discount -- None None None '- ** Denotes Low Bid '~~ • • !~- ~'~ T0: Jack Owen City Manager CITY COUNCIL_A~C~I~p~~~EMS FROM: D.A. Paulissen REQUEST FOR CITY COUNCIL AGENDA ITEM 1. Agenda Date Requested: 0~/20L8~_Y.Y.___ DATE: 03/14/85 2. ~_Y_ REPORT; _ __ RESOLUTION; __ X~ AGREEMENT 3. PROJECT SUMMARY: This is the final action required by council to have the remaining dangerous buildings removed. 4. ACTION REQUIRED: Approve the low bid demolition contractor, Daniel's Dump Truck Hauling. 5. ALTERNATIVE: Do not approve the bids and rebid. 6. RECOMMENDATION: Accept the recommendation of the Purchasing Agent and accept the low bid from Daniel's Dump Truck Hauling in the amount of $6,900.00. 7. EXHIBITS: Bid Tabulation bid 40086, bid proposal from low bidder. 8. AVAILABILITY OF FUNDS: X __ General Fund ~__~ Water/Wastewater Capital Improvement ~_ General Revenue Sharing Other 9. ACCOUNT NUMBER: q02 02~0~__ FUND~/S~AVAILABLE: X_YES __NO Ds A. Paulissen_CBO ___~ REQUESTED BY: 10. APPR;VED FOR/CITY COUNCIL AGENDA C~y Manager Z ~ DATE ~• • ty ~`r--°- INTER-OFFICE MEMORANDUM MARCH 12, 1985 T0: David Paulissen - Chief Building Official ~~ ~r'7 FROM: Jackson Ray - Purchasing Agen"t "'"/ / ~~--~ SUBJECT: Sealed Bid ~~0086: Demolition o~f Dangerous Buildings Advertised, sealed bids ~~0086 for the contract demolition of dangerous buildings were opened and read in City Council Chambers March 11, 1985 at 4 p.m. Bid invitations were mailed to nine area contract demolishers with the following three returning bids; (1) Olshan Demolishing, (2) Daniels Dump Truck and Hauling, and (3) Moving Hauling and Clean Up. Contractors were asked to submit pricing for the complete demolition and clean-up of buildings previously condemned by La Porte City Council. The structure at 506 North Eleventh St. has been removed from the bid list due to the owners efforts to complete demolition. Low bid meeting specifications is Daniels Dump Truck and Hauling in the amount of $6900.00 and a completion time of thirty days. I recommend that the City of La Porte award a sixty day contract to Daniels Dump Truck and Hauling in the amount of $6900.00 and a completion time of thirty days. I trust this recommendation will meet with your approval. JR/mb cc: J. Owen -City Manager Attachment: Bid Tabulation 40086 1~ • • s~ ~"r ---- SLALED'BID ~~0086: Demolition of Dangerous Buildings Olshan Daniels Moving, Demolishing Dump Truck Hauling and Company & Hauling Clean Up ~~ 1. Demolition per specifications of: A. 321 North First St. 1000.00 800.00 1500.00 B. 501 West Tyler 2150.00 1500.00 1200.00 C. 516 West Tyler 2150.00 1000.00 900.00 D. 226 North Sixth St. 1100.00 600.00 1200.00 E. 506 North Eleventh St. Withdrawn Withdrawn Withdrawn F. 2003 Crescent Shores Drive 2450.00 3000.00 4500.00 2. Total 8850.00 6900.00 9300.00 3. Estimate Completion Time in Days 30 Days 30 Days 60 Day s 4. Bid Bond/Cashiers Check ,~ / / ~/ ** Denotes Low Bid L •- • '.._ ~:~ ,. . CITY OF LA PORTE The foregoing prices shall include alI labor, materials, equipment, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. Bidder understands that the Qwner reserves the right to reject any or all bids and to waive any informalities in the bidding. The bidder agrees that this bid shall be good and may not be withdrawn for a period of 30 calendar days after the scheduled closing time for receiving bids. Upon receipt of written notice of the acceptance of this bid, bidder will execute the formal contract attached within ten (10) days. liLle (SEAL - if bid is by a Corporation) • • !~- __`_~ BID PROPOSAL TO CITY OF LA PORTE, TEXAS T0: HONORABLE MAYOR AND COUNCIL FROM: CITY OF LA PORTE LA PORTE, TEXAS ITEM N0. 1. 2. DESCRIPTION N0. OF UNITS Demolition per specifications of: _ / A. 321 North First St. / B. 501 West Tyler C. 516 West Tyler D. 226 North Sixth St. E. 506 North Eleventh St. F. 2003 Crescent Shores Drive ` Estimate Completion Time in Days UNIT PRICE TOTAL PRICE ~~d° ~ ~~~-Q~~ ~ ~® ~~ O~ -~~~ ~~ /~~ ,~~ ~ IT IS UNDERSTOOD AND AGREED THAT THE ABOVE DESCRIBID, ITEM, A(ATERLAL, AND/OR EQUIPMENT, SHALL CARRY THE STANDARD WARRANTY OF THE F TURER, AND BE DELIVERED ON SITE IN ACCORDANCE WITH THE ATTACHID SPECIFICATIONS IN, DAYS: FOR THE SUM OF ~~ ~Qa~~ DOLLARS. THE UNDERSIGNED CERTIFIES THAT THE BZD PRICE CONTAINED IN THE FOREGOING PROPOSAL S BEEN CAREFULLY CHE KID AND IS SUB TT IN DUPLICATE AS CORRECT AND FINAL THIS DAY OF , 198 r ~ ~ Ls ,~~ COMPA'kdY T OFFICER • .: • '„~_ s~ ~. .-.. O f ~ ~ ~ .I, ISSUE DATE (MM/DDlYY) PRODUCER THIS CERTIFICATE IS ISSUED'AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFCCATE DOES NOT AMEND, ' Motors Agency EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P 0 Box 32592 ~.an Antonio, Texas 78216 COMPANIES AFFORDING COVERAGE COMPANY A LETTER Ndtl COMPANY L ETTER B INSURED - Robert J Daniel . ER Y C C Ef P 0 Box 832 L T La Porte TExas 77571 , COMPANY p LETTER COMPANY E I i LETTER • THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. CO TYPE OF INSURANCE POLICY NUMBER POLICY EfffCTNE POLICY EXPIfWTtON LIABILITY LIMITS !N THOUSANDS LTR pq~ IMY) DnTE (MhVOO/1'Y) EACH AGGREGATE _ OCCURRE E G ENERAL LIABILITY 8001LY INJURY COMPREHENSIVE FORM PREMISES/OPERATIONS PROPERTY UNDERGROUND DAMAGE ,{ EXPLOSION 8 COLLAPSE HAZARD PRODUCTSlCOMPLETED OPERATIONS CONTFIACTUAL BI 8 PD COMBINED INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE P PERSONAL INJURY PERSONAL INJURY AUTOMOBILE LIABILITY BOIXIY ANY AUTO q~ $ 1 Q Q ALL OWNED AUTOS (PRIN. PASS.) BOOI~Y A ALL OWNED AUTOS~pRiV PASSN) EG 82924 1-10-85 01-10-86 ~ I"i"i' $300 HIRED AUTOS PROPERTY DAMAGE $ NON-0WNEO AUTOS 100 ~ GARAGE LIABILITY BI 6 PD COMBINED EXCESS LIABILITY UMBRELLA FORM BI e ~ COMBINED OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION STANDBY AND $ (EACH ACCIDENT) ' EMPLOYERS' LIABILITY r ~ (DISEASE-POLICY LIMIT) (DISEASE-EACH EMPLOYEE) OTHER V UtJ(.:HIPIIVN Vf- VPth1AIIVNJ/LU(:AIIVNSIVtHIGIJ=S/SPECIAL ITEMS 1977 Mack, S#12759 1978 Mack, S#36712 1974 GMC S#564867 1975 Loadcraft, S#C6750009 City Of La Porte La Porte, Texas 77571 SHOULD ANY OF THE ABOVE DESCRIBED POLICIE BE CANCELLED BEFORE THE EX- PIRATIQ~1 DATE THEREOF, T ISSUI OMPANY WILL ENDEAVOR TO MAIL DAYS WRITTEN TO CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TOM IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND S AGENTT OR REPRESENTATIVES. AUTHORIZED CEP NTA~C~ ,t///,d • • I, !~' ----- T. .= -•,. 3 _ ISSUE DATE (MM/DO/YY) , O~ ~ ~ ~ ~' March 8, 1985 ' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, KEN STRUM INSURANCE AGENCY, INC. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P BOX 1454 O . . La Porte, Texas 77571 COMPANIES AFFORDING COVERAGE COMPANY A LETTER U S F &G COMPANY LETTER INSURED DANIEL dba DANIEL DUMP TRUCK R J COMPANY C . . LETTER + ING A AND H UL 401 North Seventh COMPANY D LETTER 77571 La Porte, Texas COMPANY E LETTER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW H AVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BV THE P OLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. CO POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS LTR TYPE OF INSURANCE POLICY NUMBER DATE (6aM'DO/1'Y) DATE IMM/D0/1'1') EACR OCCURRENCE AGGREGATE GE NERAL LIABILITY Booav A X COMPREHENSIVE FORM INJURY $ 500 $ Nil PREMISES/OPERATIONS PROPERTY X UNDERGROUND EXPLOSION 8 COLLAPSE HAZARD DAMAGE $ 300 ~ 300 100048250763 6/26/84 6/26/85 PROOUCTSICOMPLETED OPERATIONS CONTRACTUAL BI 8 PO COMBINED INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY A UTOMOBILE LIABILITY BODILY I4JURY ANY AUTO (~R PERSOn! Q ~D ALL OWNED AUTOS (PRIN. PASS.) BODILY I!uURY OTHER THAN ALL OWNED AUTOS ~ pRIV PASS IPER aCGOEen . . HIRED AUTOS PROPERTY NON-OWNED AUT05 DAMAGE GARAGE LIA81LIlY BI 8 PD COMBINED EXCESS LIABILITY UMBRELLA FORM el 8 PD COMBINED OTHER THAN UMBRELLA FORM STATUTORY A WORKERS' COMPENSATION 2903104841 6/26/84 6/26/85 $ (EACH ACCIDENT) AND ' (DISEASE~POLICY LIMIT) EMPLOYERS LIABILITY P (DISEASE~EACHEM LOYEE), OTHER A Equipment Floater SP 038347903 6/25/84 6/25/85 ount of Ins. - $93,50 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS L ~' City of La Porte P.O. Box. 1115 La Porte, Texas 77571 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE MOLDER NAMED TO THE LEFT, BUT FAI RE TO MAIL SUC TK:E SHALL IMPOSE NO OBLIG/1TK)N OR LIABILITY OF ANY KING PON jj1E COMPA ,ITS GENTS'OR REPRESENTATIVES. AUTHORIZED R R NTATIVE KEN •- • i~ CONTRACTOR'S LIST OF EQUIPMENT Contractor shall itemize below the power-driven equipment other than hand tools which he owns and/or is available for use on the contract described within this Bid Invitation. rz"a~~.~, (~3D~ ~ c~ ~~ c~~ ~ i 2s"E-~ ~ ta~E~ ~ ~~~ ~~~ ~ ~P~~~~e I ~~~ ~-~ao~ ~ TITLE OF OFFICER D TE / • • • A TML Summary Statement On H.B. 1330 & S.B. 897 In response to organized citizen groups who felt a proliferation of billboards had created visual pollution, traffic hazards and property devaluation, Texas cities initiated billboard regulation in the early 1970's. Municipal officials adopted ordinances regulating the height, area and location of signs and bill- boards. Existing billboards that were not in compliance with the regulations became non-conforming and may be subject to removal or reconstruction after a specified period of time. These "amortization" periods permit the owners of non-conforming billboards to recoup their investment prior to compliance with the ordinance. This concept of compensation has been litigated and upheld in Texas courts, numerous other state courts, and the U.S. Supreme Court. The ability to regulate billboards in this manner is consistent with the long stand- ing state policy of home rule and local control. The billboard industry is attempting during this session of the legislature to limit cities ability to effectively regulate signs and billboards. Important considerations of this proposed legislation are as follows: • Increased attention to billboard regulation by municipalities has been in response to active citizen groups who have voiced growing concern about the effects of the proliferation of billboards on their communities. • The authority of cities to "regulate, control or prohibit signs or billboards" is specifically enumerated in state statute (Article 1175, V.T.C.S.) and has been in existence since 1913. • Municipal authority to regulate private activities for the benefit of the public safety and welfare is inherent in constitu- tional authority and is essential to the ability of municipal- ities to govern responsibly. • Amortization is a fair, just, and reasonable method of compensa- tion for removal or reconstruction of non-conforming signs and billboards. This method of compensation has been litigated and upheld by state and federal courts on numerous occasions. •~ • TML Background Material H.B. 1330 & S.B. 897 PROPOSED LEGISLATION • The billboard industry is making another attempt this legislative session to limit the means available to cities to regulate billboardso Under the billboard industry's proposal, a city must pay the owner of a sign or billboard, as well as to any property owner on which a sign is located; cash compensation for removal, reconstruction, relocation or any prohibition on the use or maintenance of signs or billboards. This legislation, simple as it sounds, goes beyond requiring payment for outright removal of signs. It dictates cash payment, and it extends to any regulatory action, such as reducing the size or Height of a sign or excluding billboards from residential neighborhoods. The "pay to regulate" concept fostered in this piece of legislation is contrary to the inherent authority of government tc regulate private activities for the benefit of the public safety and welfare. Such authority has enabled cities to control pollution, sexually oriented businesses, junkyards, health hazards,. traffic and unsafe buildings. If the state or cities had to pay affected parties every time a law or ordinance was enacted, public treasuries would soon be depleted or, more likely, no regulation would occur. HIS TORY Equally important, this legislation is contrary to the 73-year old state policy of home-rule and local control for municipalities. In 1913, the Texas Legisla- ture enacted Article 1175, which specifically provided cities with "full power of local self-government" including the express right to "regulate, control or prohibit signs or billboards...." (Sec. 24). Since then, the Legislature has resisted changes to Art. 1175 aimed at diluting citizens' control over local matters. Visual pollution, increased traffic hazards and lower property values are the direct consequences of unchecked sign proliferation. Billboard regulation by Texas cities has been adopted in response to citizen pressure to do something about what they view as a significant local problemo In Lubbock, a billboard ordinance was overwhelmingly approved by a public referendum. Prior to adoption, numerous public hearings were held by the City of Lubbock and a citizens° commit- tee. In Houston the regulation of billboards was a major issue in the 1979 city council elections. Public hearings and work sessions with all affected parties were held prior to the passage of Houston°s ordinance in 1980. Similar citizen support for such regulation has been repeated in Dal:Las, Fort Worth, Baytown and more than 100 other Texas cities which have sign and billboard regulations, AMORTIZATION IS JUST COMPENSATION Texas cities recognize the capital costs associated with the. placement of signs and billboards and, thus, support some reasonable form of compensation. However, the potential cost to the taxpayer if cash compensation were required would be prohibitive. • • Signs that do not meet ordinance standards have been allowed to remain for a period of time, usually over six years, specifically for the purpose of allowing sign owners and property owners leasing land to recoup the value of their invest- ment prior to removal or reconstruction. Such a procedure, called amortization, is a realistic compromise between two conflicting interests. The community, after a certain period of time, realizes its goal of traffic safety and a more visually attractive environment. At the same time, billboard owners and property owners are able to recoup their investment and are, in effect, equitably compen- sated for any loss due to regulation. Amortization permits a billboard owner to recoup his investment, and provides the owner an opportunity for a profit. TML sees no distinction between immediate removal with a cash payment, and delayed removal with extended use and revenue by the billboard owner .for a designated period of time. Neither is there a differ- ence to the owner of real property on which a sign is located, if payment is made immediately for seven years of lease payments, or if removal is delayed for seven years and thus the landowner benefits from seven years income. The principal difference in these two concepts is the savings in tax money. Amortization is a just, economical and efficient means of regulation. Cash pay- ments would inhibit a city's ability to regulate billboards and would render cities unable to respond to citizen and public concerns. LEGAL ISSUES 'Texas courts have never been reluctant to require that property owners receive full value for their property. At the same time, the courts have recognized the important regulatory role of cities. They have recognized the limited resources cities have to carry out this responsibility. The courts have carefully considered the various ways that compensation can be made and have determined amortization is just and reasonable and certainly not a taking of private property without compensation. The key to this issue is the constitutional requirement, enunciated by the Texas courts as welt as the U.S. Supreme Court, that sign and billboard regulation programs be reasonable, and if removal is required, that they allow the owner of a structure sufficient time to recoup its value. In Texas, local billboard ordinances have been upheld as being reasonable because they do meet constitutional restrictions. CONCLUSION Texans no longer live in a state where individual activities have no impact on others. Our population growth has made next door neighbors of us al.t. Cities are vital to regulating ti--e conflicting interests that urban living inevitably fosters. It is also apparent that the economic development o.f all Texas cities is increasingly dependent upon their ability to provide a viable and quality living environment. The ability of cities to use amortization as a method of regulating billboar.as is an option available to create this high quality urban environment. • • RESOLUTION WHEREAS, the citizens of Texas and the State Legislature in 1913 voted to give citizens the right of self determination through the creation of home rule cities; and WHEREAS, cities around the state have exercised this authority in a judicious and careful manner since being granted that authority; and WHEREAS, cities have used thi s authority to respond to citizen concerns for regulation of billboards for the health and safety of their community through the passage of ordinances which establish billboard standards and require non- conforming billboards to be removed after completion of an equitable amortiza- tion period; and WHEREAS, the ability of cities to utilize amortization as a means of billboard regulation has been upheld numerous times in state and federal court; and WHEREAS, the billboard industry is proposing legislation which would eliminate the use of amortization by requiring cash payments prior to the removal of non- conforming billboards; NOW, THEREFORE, BE IT ttESOLVEll THAT THE CITY COUNCIL OF THE CITY OF (NAME OF CITY), RESOLVES, that the proposed billboard legislation is not in the best interest of the citizens of Texas because of the threat it poses to the doctrine of local self determination; and - BE IT FURTHER RESOLVED, that the Legislature of the State of Texas be asked to oppose H.B. 1330 and S.B. 897. PASSED AND APPROVED THIS THE DAY OF , 1985. Mayor, City of , Texas ATTEST: City Secretary • • ORDINANCE NO. 1438 AN ORDINANCE DECLARING THE RESULTS OF THE ELECTION HELD IN THE CITY OF LA PORTE ON APRIL 6, 1985, FOR THE ELECTION OF COUNCIL- PERSON, DISTRICTS 1, 2, AND 3, AND FOR THE ELECTION OF A MAYOR; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, there was held in the City of La Porte, on the 6th day of April, 1985, an election for the purposes for electing a Councilperson -- District 1; a Councilperson -- District 2; a Councilperson -- District 3; and a Mayor; in accordance with Section 8.10 of the Home Rule Charter of the City of La Porte; and WHEREAS, there were case at said election for the following listed persons the number of votes opposite their respective names: COUNCILPERSON -- DISTRICT 1 Delbert Walker 193 COUNCILPERSON -- DISTRICT 2 John R. Lloyd 158 Paula H. Bridges 110 COUNCILPERSON -- DISTRICT 3 Edward M. Matuszak 181 Bob Thrower 162 MAYOR Virginia Cline 835 Norman Malone 852 as shown in the official election returns heretofore delivered by the Election Judge and officials to the Mayor and City Council of the City of La Porte and submitted to the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: . -- • Ordinance No. 1438, Page 2 • Section 1. That said election was duly called and notice thereof given in accordance with law; that said election was held in the manner required by law; that due returns of said election have been made by the proper officers; that said returns have been canvassed by the City Council of the City of La Porte; that said election has resulted in the election of the following named persons, to-wit: COUNCILPERSON -- DISTRICT 1 Delbert Walker COUNCILPERSON -- DISTRICT 2 John Lloyd COUNCILPERSON -- DISTRICT 3 Ed Matuszak MAYOR Norman Malone 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 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 tim es 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. • Ordinance No. 1438, Page 3 Section 3. 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 10th day of April, 1985. CITY OF LA PORTE By Virginia Cline, Mayor ATTEST: Cherie Black, City Secretary APPROVED: ~~~~~ ~~ Knox W. Askins, City Attorney