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
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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Bo-Jungles Restaurant be withdrawn from the agenda since the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.
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• 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;
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• 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.
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• 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.
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• 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
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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,
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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
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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
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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.
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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
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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~
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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
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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
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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.
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TITLE OF OFFICER
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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.
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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
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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:
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Knox W. Askins, City Attorney