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Home My WebLink About1987-09-14 Public Hearing and Regular Meeting . e MINUTES OF THE PUBLIC HEARINGS AND REGULAR MEETING LA PORTE CITY COUNCIL SEPTEMBER 14, 1987 1. The meeting was called to order by Mayor Malone at 6:05 P.M. Members of City Council Present: Mayor Norman Malone, Councilpersons Betty Waters, Ed Matuszak, Alton Porter (arrived at 6:10 P.M.), Mike Shipp, B. Don Skelton, Jerry Clarke Members of City Council Absent: Councilpersons John Lloyd and Deotis Gay Members of City Staff Present: City Manager Bob Herrera, City Attorney Knox Askins, City Secretary Cherie Black, Assistant City Manager John Joerns, Assistant to the City Manager Janie Luna, Director of Community Development Joel Albrecht, Assistant City Attorney John Armstrong, Chief Building Official/Zoning Administrator David Paulissen, Inspector Mark Lewis, Director of Public Works Steve Gillett, Finance Manager Robert Stewart, Purchasing Manager Louis Rigby, Police Chief Charles Smith Others Present: David Brady, Chairman of the Golf Course Advisory Committee; Walter Mahoney, Attorney representing Sweet Pea's Po Boy and Sandwich Shoppe; Melissa Doyle, Bayshore Sun; members of Colt 45s baseball team and their coaches; representatives of two chapters of Daughters of the American Revolution; representatives of Deerport chapter of American Business Women's Association; approximately 30 citizens 2. The invocation was given by Councilperson Skelton. 3. The Mayor presented proclamations for American Business Women's Day, American Constitution Week, and a congratulatory proclamation for the Colt 45s baseball team. 4. The Public Hearing for the request of Wayne Knox for a special conditional use permit under section 10-302(10) of the La Porte zoning ordinance was called to order by the Mayor. . e Minutes, Public Hearings and Regular Meeting La Porte City Council September 14, 1987, Page 2 Wayne Knox reviewed his request for Council's benefit. The Mayor asked for public input in favor of the request. No one came forward. The Mayor called for public input in opposition to the request. Mrs. Norma Hutchins came forward and addressed Council. She had no objections to the request, but commented that she wished to make sure that there would be no commercial business transactions allowed if the permit is granted, because it is located in a residential area and the residents do not want any commercial businesses there. She also asked that if the property were ever sold, could the new owner do what he wished with the property. She was informed that the special conditional use permit would go with the sale of the property and that it could only be used for the restrictions on the permit. There was no other input and the Mayor declared the public hearing closed. 5. The Mayor opened the public hearing on the request of the First Assembly of God church for a special conditional use permit under section 6-600(F) of the Zoning Ordinance. The Mayor asked for public input either for or in opposition to the request. There was none, and the Mayor declared the public hearing closed. 6. Council considered approving the minutes of the Public Hearings and Regular Meeting held August 24, 1987. Motion was made by Councilperson Skelton to aporove the August 24 minutes as presented. Second by Councilperson Clarke. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Waters, Matuszak, Porter, Shipp, Skelton, Clarke and Mayor Malone Nays: None 7. Mrs. Jolene Wickel, 315 South 4th, addressed Council regarding the proposed animal ordinance amendment. She had taken a survey in different parts of the city, and presented the results to Council. e e Minutes, Public Hearings and Regular Meeting La Porte City Council September 14, 1987, Page 3 Ms. Dottie McGhee, 217 South Ohio, addressed Council regarding the proposed animal ordinance amendment. Mr. Charlie Young, 214 Reynolds, addressed Council regarding the proposed animal ordinance amendment. Mrs. Juanell Brinkman, 2201 Meadow Lark, addressed Council regarding the proposed animal ordinance amendment. Mr. Charlie Young, 214 Reynolds, addressed Council regarding the proposed animal odinance amendment. Mr. Jimmie Ray Spradling, 3302 Valley Brook, addressed Council regarding drainage, streets, and mowing in the Fairmont Park area. Ms. Susan Elkins was scheduled to address Council on behalf of Transworld Entertainment, but had asked to be rescheduled for September 28. 8. Council considered an ordinance relating to Sweet Pea's Po Boy and Sandwich Shoppe alcoholic beverage permit. Mr. Walter Mahoney, Jr., attorney for Sweet Pea's, addressed Council regarding the ordinance, asking that Council investigate Sweet Pea's track record in comparison to the other, similar type businesses in La Porte before they vote on the ordinance. The City Attorney read: ORDINANCE 1000-P-1 - AN ORDINANCE REPEALING ORDINANCE 1000-P OF THE CITY OF LA PORTE, HARRIS COUNTY, TEXAS, REVOKING THE PERMIT GRANTED THEREIN; ADOPTING CERTAIN FINDINGS OF FACT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Motion was made by Councilperson Waters to adopt Ordinance 1000-P-1 as read bv the City Attorney. Second by Councilperson Matuszak. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Waters, Matuszak, Porter, Shipp, Skelton, Clarke and Mayor Malone Nays: None e e Minutes, Public Hearings and Regular Meeting La Porte City Council September 14, 1987, Page 4 9. Council considered an ordinance amending Chapter Five, "Animals and Fowl", of the Code of ordinances of the City of La Porte. The City Attorney read: ORDINANCE 1559 - AN ORDINANCE AMENDING CHAPTER FIVE, "ANIMALS AND FOWL", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, AMENDING SECTION 5-5, "FEES"; AMENDING ARTICLE III "DOGS"; BY ADDING THERETO SECTION 5-38, "RESTRICTION ON NUMBER OF DOGS AND CATS IN PROXIMITY TO RESIDENCE OF ANOTHER"; BY ADDING THERETO SECTION 5-52, "ABANDONMENT OF ANIMALS PROHIBITED"; BY ADDING THERETO ARTICLE VII, "KENNELS AND PET ESTABLISHMENTS"; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00); FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bv Councilperson Waters to adoDt Ordinance 1559 as read by the Citv Attornev. Second by Councilperson Matuszak. Motion was made by Councilperson Skelton to table Ordinance 1559 until a further workshoD could be held on it. Second by Councilperson Clarke. The motion was defeated, 2 ayes and 5 nays. Ayes: Nays: Councilpersons Skelton and Clarke Councilpersons Waters, Matuszak, Porter, Shipp and Mayor Malone The original motion was then voted, and carried, 6 ayes and 1 nay. Ayes: Councilpersons Waters, Matuszak, Porter, Shipp, Clarke and Mayor Malone Nays: Councilperson Skelton Councilperson Skelton has asked, for the record, that his statements regarding the animal ordinance be put into the official minutes. He has a real problem with the present ordinance. He has been pushing for an ordinance to be passed that would have some real meaning to it and be better than the one we have now. He has a problem with cats and dogs e e Minutes, Public Hearings and Regular Meeting La Porte City Council September, 14, 1987, Page 5 being under the same paragraph as if one is just like the other. They are not the same and should not be treated the same. He has a problem with the ordinance where it says that they should be picked up for any reason. If people are on vacation and their pet is picked up, they still have only 72 hours to pick up the animal or it will be destroyed. Even if a neighbor is keeping an eye on the animal, they might not know to go to the pound to get the animal. A lot of his constituents feel that their animals are just about as important as their children. He asked the Council to reconsider the ordinance and have another workshop session and study it more. 10. Council considered approving a special conditional use permit for Wayne Knox under Section 10-302(10) of Ordinance 1501, City of La Porte Zoning Ordinance. Motion was made bY Councilperson Waters to approve the special conditional use permit for Wayne Knox provided, however, there be included in the special conditional use permit there could be no commercial exhibition, or rodeos, or public showings for sale of horses conducted at this site. Second by Councilperson Shipp. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Waters, Matuszak, Porter, Shipp, Skelton, Clarke and Mayor Malone Nays: None 11. Council considered approving a special conditional use permit for First Assembly of God Church under Section 6-600(F) of Ordinance 1501, City of La Porte Zoning Ordinance. Motion was made by Councilperson Skelton special conditional use permit for First Church. Second by Councilperson Waters. 7 ayes and 0 nays. to aoprove the Assembly of God The motion carried, Ayes: Councilpersons Waters, Matuszak, Porter, Shipp, Skelton, Clarke and Mayor Malone Nays: None e e Minutes, Public Hearings and Regular Meeting La Porte City Council September 14, 1987, Page 6 12. Council consider approving a consent agenda, as follows: A. Consider awarding bid for purchase of aggregate surface treatment materials. B. Consider awarding annual supply contract for reinforced concrete pipe. C. Consider awarding annual contract for purchase of hot mix asphaltic concrete pavement and hot mix-cold laid asphaltic concrete pavement. D. Consider awarding annual contract for purchase of lime slurry. E. Consider awarding annual contract for PVC pipe and fittings, gate valves and fire hydrants. F. Consider awarding annual contract for flexible base (crushed stone). Motion was made by Councilperson Skelton to approve the consent agenda as recommended bv Staff. Second by Councilperson Clarke. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Waters, Matuszak, Porter, Shipp, Skelton, Clarke and Mayor Malone Nays: None 13. Administrative Reports The City Manager announced that David Paulissen would be leaving the City for a position in Leon County, Florida, as Building Official, and complimented David for his service to the City during his employment here. David will be missed, and it will be difficult to fill his shoes. David Brady, Chairman of the Golf Course Advisory Committee, presented a status report on the golf course. The construction is almost completed, the grounds will be seeded within a couple of weeks, and he is looking forward to the opening of the course. He advised that there have been many quality applications for the position of golf pro. He also announced that the contest for the naming of the golf course e e Minutes, Public Hearings and Regular Meeting La Porte City Council September 14, 1987, Page 7 would conclude on September 30. He asked Council's assistance in choosing the winner of the contest. All Council members volunteered to serve. 14. Council Action: Council expressed their appreciation to David Paulissen and his work for the City. Councilperson Porter asked that the City Attorney look into a change in election date from the first Saturday in May. Councilperson Skelton expressed his opinion that the barricade on Grove should be removed as soon as possible, since it is a City street and should not be closed off. Assistant City Manager John Joerns updated Council on the Grove Street barricades and the Warning System invitations and brochures. He called Council's attention to a memorandum from the City Manager regarding the audit committee, and asked that it be taken into Executive Session with them. 15. Council adjourned into executive session at 7:32 P.M. and returned to the Council table at 8:05 P.M. after discussing the following items: A. Personnel: Annual Performance Review of the City Manager B. Personnel: Discussion of Audit Committee After returning to the Council table, the Mayor stated that the Audit Committee item be put on the next regular agenda for action. He also reported that the annual performance review of the City Manager has been set for November 2, 1987, at 6:00 P.M., and Council would like the City Manager to present to them a status report on goals and objectives for the past six months, or since he has been here. . . Minutes, Public Hearings and Regular Meeting La Porte City Council September 14, 1987, Page 8 16. There being no further business to come before the Council, the meeting was duly adjourned at 8:10 P.M. Respectfully submitted: ~~ Cherie Black, City Secretary Passed & Approved this the 28th day of September, 1987 J[~th1~/l(~ Norman L. Malone, Mayor . Office of the e MAYOR .- '" " CITY OF """---"'" ~~.~.~..~.~.~~~~ 10"..*' "'~ I~' . ! . f \. , . . , -s:.. ..... s~ ~:. :'~ ~~"" .......~ \ /J' ~.......,~ "- 0", 'Ou'" ,. LA PORTE roc amatioo ~ Ittrns: OUll. Founding FatheM, in aJuJeJl. .tlJ .""Ull.e t:he / . b.teMing-6 On libeJl:ty non them6 e1.Ve!.l and thw pMteJU.;ty, cUd oll.dOvLn a.nd e!.l.ta.bwh a. COYl.6.tUution non the. Un.ite.d Sta..te!.l On AmeJU.c.a.; and WH ER EAS, a -fA 0 n the. gll.e.a..te!.lt -Un poJr..t tha..t a..U c.ft.i..z e.Y1.6 n u1..ty undeMta.nd the. p!l.ov-fAioY1.6 and pJU.nup.te!.l c.on..tOvLne.d in. the. COYl.6.tUution in. oll.deJl.. to-6UPpoJr..t a, pll.e!.leJl..ve. a and de.fie.nd a a.gcU.n..6t e.nCJl.oa.c.hme.n..t; and WHEREAS, the. Bic.e.nte.nrUa1. On the. -6iglUng On the. COYl.6.tU.u,t,[on p!l.o- vide!.l a. IU.-6toJU.c. oppoJtturvUy non a..U AmeJU.c.a.Y1.6 to .te.aJtn a.bout a.nd 1l.e.c.a..U a.c.hie.veme.n..t6 On OWl. FoundeM, a.nd to Il.e.n.te.c..t on the. JU.gw a.nd pflivile.ge!.l On c.ft.i..ze.nohip a.6 weU. a.6 it6 a.tte.nda.n..t ll.e6poYl.6ibUW-e!.l; a.nd WHEREAS, the. inde.pe.nde.nc.e. guaJta.n..te.e.d to the. AmeJU.c.a.n pe.op.te. by the. COn6.tU.u,t,[on -6hou.td be. c.e1.e.bJuLte.d by a.ppIl.OpJUa.:te. c.eJl..emolUe6 a.nd a.c.:t.ivw.e6 duJUng COYl.6:tUution We.e.k., Se.ptembeJl.. 77 thJc.ough 23, a.6 de6igna..te.d by pll.oc.lama.:Uon on the. PIl.e6ide.n..t On the. UrvUe.d S:ta.te!.l On AmeJU.c.a. in a.c.c.oll.da.nc.e. with Public. Law 975. NOW, THEREFORE, I, NORMAN MALONE, MAYOR on the. Cay On La. PoJr..te., do he!l.e.b y pll.oc..tcWn the. we.e.k. 0 n S e.ptemb eJl.. 77 thltoug h 23, 7987, a.6 CONSTITUTION WEEK . in the. Cay 06 La. PoJr..te., a.nd Wl.ge. all. OUll. c.ft.i..ze.Y1.6 to pa.y -6pe.cA..a1. a.tte.ntA..on duJUng tha..t we.e.k. to OUll. Fe.dina.e. COn6ti.tution a.nd the. a.dva.n..ta.ge6 06 AmeJUc.a.n CW.z e.n6 hip. IN WITNESS WHEREOF, I ha.ve. heJte;t0601l.e. -6e;t my ha.nd a.nd c.a.uoe.d the. Se.al. 06 the. Cay to be. a.nnixe.d heJl..e;to, ttU6 the. 74th da.y 06 Se.ptembeJl.., 1987. NO!l.ma.n L. Malone., Ma.yoll. e Office of the e MAYOR CITY OF .".,.,.....~'\ .....\\~ LA p-', ~..................O.f~ 1_.....*. "'~ I..... . !. i ,:. ~ -s::.: :.. Ss .,. ". .:,. \~"" .......~ \ /J' ;,.......... " "', 'our.' \' LA PORTE tOc amation 1m) Lerm: The CU1j 06 La. roue i6 p1!.OM 06 ili Y ou;th AtMdic P Jto gltam.6 ; and WHEREAS, again:tlU..6 ye.aIt, :the. La PofL:te. G-Vrh. Sofi:tba1i. AMoc.ia..tion ha!.> had a :team, :the. CoLt 45.6, c.ompllJ.,6 e.d 0 6 g~ 10, 11 and 12 ye.CVt-6 06 ag e., advanc.e. :to :the. Na.:ti.ona1. 6-i.nw -i.n Kane,a!.> CUy, KaY/..6a!.>; and WHEREAS, olLt 06 49 :te.a.m6 -i.n :the. 6-i.nw, :the. CoLt 45.6 p.ta.c.e.d 6-i.6:th; and WHEREAS, :tw :te.am, c.oY/..6.i..6.:Ung ofi And!l.e.a. Simm.6, Ka!.>-i.e. BJta.dfioJtd, Kand-i. Polta.Jtd, Rob-i.n Rac.kle.y, Caltol J~, ApJtLt Mo~, Je.nnifi~ Pol.6:ton, 'Dawn Baltn.aJl.d, ApJUl Manning, Je.nnifi~ BU!lJl.oWl.>, Je.nnifieJL BttoofM, Janic.e. Pai.omalte.z, C-i.ndy HoJtton, Sha.nna. F.i..6h~, Vonna Nagle., Lac.y Sc.hrrU.d:t and Annie. Galtc.-i.a., and :theUt. c.oac.he.o, V-i.c.IU.e. Polta.Jtd, LaNty BU/lJl.oWl.>, Vona1.d HofL:ton, TUc.k. Jone.o and Mo~ Simm.6, alte.:to be. c.omme.nde.d 60Jt :theUt. Mne. .6 how-<-ng -i.n Kane, a!.> CUy. NOW, THEREFORE, I, NORMAN MALONE, MAYOR 06 :the. CUy ofi La PofL:te., do h~e.by pIloc1'1Wn :that :the. CUy 06 -La PofL:te. and w cA..:Uze.Y/..6 alte. e.x:tJLeme1.y pIloud 06 :the. Colt 45.6, and c.ong~e. e.a.c.h p.ta.y~ and c.oach fioJt a job well done.. I N WITNESS WHEREOF, t hav e. h~e.u.n.:to .6 e.t my hand and c.a.t.L6 e.d :the. Seal. ofi ,:the. CUy:to be. afifi-i.xe.d h~e.to, :tlU..6 the. 14:th day ofi Se.p:te.mb~, 1987. CITY OF LA PORTE NOJtman L. Ma1.one., MayoJt e e THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE ) ) ) NOTICE OF PUBLIC HEARING In accordance with the prOVISIons of Ordinance 1501, the Zoning Ordinance of the City of La Porte, notice is hereby given that a public hearing will be held by the La Porte City Council at 6:00 P.M. on the 14th day of September, 1987, to consider the request of Wayne Knox for a Special Conditional Use Permit under Section 10-302(10) of the Ordinance, in order to pasture horses. This hearing will be conducted in the Council Chambers of the La Porte City Hall, 604 West Fairmont Parkway. Letters concerning this matter should be addressed to the City Secretary, P.O. Box 1115, La Porte, Texas 77571. Those wishing to address this matter pro or con during the meeting will be required to sign in before the meeting is convened. CITY OF LA PORTE Cherie Black City Secretary e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM SEPTEMBER 3, 1987 TO: FROM: Mayor & City c~uncil Doug Latimer~1~irman, Planning & Zoning Commission SUBJECT: Wayne Knox's application for Special Conditional Permit for La Porte outlots 380, 361. Application #87-003 Mr. Knox has applied for a Special Conditional Use permit to allow him to pasture horses on the above referenced 11.88 acre tract of property. As there is presently no dwelling located on this site the pasturing of livestock will be the primary property use. This use is conditionally permitted in "R-1" zones. The restrictions applying to this use are as follows: (1) The tract to be used must be at least 1 acre. (2) Pasture areas must be setback at least 25 ft. from any adjoining property not used as pasture. (3) Property can not be used for commercial boarding, exhibition or sales of animals. The Commission held a public hearing and considered this request during the August 20,1987 meting. \'1e found Mr. Knox's property to meet all requirements of the City's zoning ordinance. The Planning & Zoning Commission recommends approval of this Special Conditional Use permit subject to the following conditions: (1) A maximum of 24 animals to be pastured at any time. (2) Pasture areas must meet setbacks as required by the City's zoning ordinance. (3) All barns, stalls, and buildings must be properly permitted and meet all required setbacks. (4) All health and sanitation requirements of City ordinance #1358 must be met. DL/nb xc: Joel Albrecht, Director of Community Development David Paulissen, CBO/Zoning Administrator e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM JULY 23, 1987 FROM: SUBJECT: Planning & Zoning Commission D~ulissen, Zoning Administrator Wayne Knox's Special Conditional Use Permit 10431 N. "P" St. - La Porte Outlots 1380,361 Property Zoning "R-1" (Low Density Residential) TO: BACKGROUND Mr. Knox's intention is to build a barn on this site and use the property for pasturing horses. The size of this tract is 11.81 acres. Mr. Knox also intends to build a house on this site sometime in 1988. Until such time as the house is built, raising horses will be the primary use of the property. This property is located in an "R-1" zone ari~ is presently undeveloped except for a perimeter fence. It is situated east of the Bayou Glen subdivision on the north side of N. "P" St. in Lomax. ANALYSIS This property use is listed in the residential table of the City's zoning ordinance (Section 5-600, Table A, Ordinance #1501' as Agricultural Production (animal specialities) and has a Standard Industrial Classification (S.I.C.) number of 0272. This number is listed as a conditionally permitted use in "R-1" zones. The listing is specifically described as "Establishments primarily engaged in the production of horses and other equines." This use includes pasturing and breeding of horses. It does not include commercial boarding, on site sale of, or commercial exhibition of animals. e e Wayne Knox's Special Conditional Use Permit July 23, 1987 Page 2 Although this request is for a primary use, the requirements of Section 10-302(10) of the zoning ordinance will apply to this application: 10-~02 Residential Accessorv structures & ~ 10. DOMESTIC LIVESTOCK: Domestic livestock (cattle, horses, hogs, sheep, goats, chick~ns, and geese) area permitted accessory use on lots in excess of 43,560 square feet, provided that all domestic livestock as defined above be restrained no closer than 25 feet from property that is not devoted to the keeping of domestic livestock, and provided further that said domestic livestock be kept in a concentration that is less than or equal to: (a) Two (2) cows per acre (b) Two (2) horses per acre (c) Two (2) hogs per acre (d) Two (2) sheep or goats per acre In any event the total for the above referenced grazing animals (i.e. sheep, goats, hogs, cows, or horses) shall be cumulative. In the event of fowl, no specific concentration is established herein, but in no event shall the cumulative concentration of fowl be such as to create a health hazard. The requirements of City of La Porte Ordinance No. 1358 shall apply in any event. . The reqciirements of Ordinance No. 1358 referenced in the above section 'refer to health and sanitation requirements. As noted earlier, this tract is located on the north side of N. "P" St. It is bordered by existing pastures on the east and north. The western property line abutts the Bayou Glen subdivision. There is however, a large drainage ditch between the subdivision and the main body of Mr. Knox's property. Mr. Knox's intention is to fence the eastern side of the ditch line. This will leave a setback well in excess of 25 ft. between the subdivision and all pasture area. Finally, based on the approximately 12 acres involved, Section 10-302(10) will allow a maximum of 24 horses to be pastured on this site. e e Wayne Knox's Special Conditional Use Permit July 23, 1987 Page 3 RECOMMENDATION As this request meets all zoning criteria, staff recommends granting this Special Conditional Use Permit. This permit should conform to the following guidelines: (1) A maximum of 24 animals to be pastured at any time #~} (2) Pasture areas' must meet setbacks as required by the zoning ordinance (3) All barns, stalls, and buildings must be properly permitted and meet all required setbacks (4) All health and sanitation requirements of City ordinance #1358 must be met DAP/nb e CITY OF LA PORTE e APPLICATION FOR SPECIAL CONDITIONAL USE PERMIT RECEIVED ,JUL 1. 0 1987 CODE ENFORCEMENT ---------------------------------------------------------------------- Application No.: S'-7- aD _3 Date Received: 7-10 -:17 Receipt No.: /.)7~ 2(".-1 OFFICE USE OnLY: Fee: S100.00 Certified Plans Submitted: ( ) General Plan () Major Development Site Plan ( ) Minor Development 'STte Plan: () Pi~eliminary Plat .. -------~-------------------r--------~-----------~----~---------------- Person Haking Request: ~ 'c.ty'np 516uYl '( Hailing Addl~ess: //::3/~ I1v~. 1/ ?".,City/State: J..4t:h1"fe / TV- 1'751/ ~n\~f!~~;;~~.::.' BTlSINi~S NAHE: l2Lrn Phone: 4?/-S?S"/ Lw~J 41/- 3~(, 0 .-- TYPE OF BUSINESS: hC'L'l n~-r t,,9-'rse ~ 10'-13 \ No{-tl-. \ P I /l 3~o "- VIAJ-lot 30 I - LofYlCJ...l,C SIC USE CATEGORY: (j 11 A har,.,. J b~1- 0" $JA'''' , .s;k J'lUf. . ~ 1\-'\ I~r€ Owner or Authorized Agent PROPERTY ADDRESS: LEGAL DESC~!PT!ON: ZONE: f<.-1 1- JQ - ?') .Date ----------------------~----------------------------------------------- OFFICE USE ONLY Date of P & Z Public Hearing: AVj ZO.lq~1 ~ Date of City Council Heeting: 5e()+ /4 Ii' 1 I / Zone: ~- J Recommendation: (jJ or N Approved: Y or N . This application is: Approved ( ) Permi t /1 Denied ( ) CLP JOB ;; (If Assigned Yet) Comments: Zoning Administrator Date CED/1-'37 e e RECEIVED JUl 017 1987 CODE ENFORCEMENT Request For Bldg Permit. Name, Wayne S. Knox ---11.837 Fairmont-Parkway LaPorte, Texas 77571 471 5751 Location,LomaxSchool-Roadand P st. Laporte Out Lots 361 & 380. ,- '.+ ,- . -- .,.. - ~.-,..- . 'BIdg 'willmee'C -LapOrte -B~.fdg -codes. Contractor ,Wayne S. Knox Metal BldgConstruction-,-26 gauge, 55~000 yield steel -------- Registered ~!!-g:!:ne~!"___qf9-.w.in~EL, James_C. Martin. No electrical, No Plumbing. --- _..._~ --...------.--- .-. -", P. ._..~,._...,.__ Bldg will be for personal use,to exercise horses. No hay storage. --,,-~,,-,.-. 4.___ --_...~--_.._--~.--- ~- Total bldg cost materials and labor $15, 740. ._ ..' - ,-.-. There are plans to construct a 2400 sa ft home on this same out lot in the near future. The only 'concrete -work-, w-ill be for the -bldg' foundation p-ost. ,.l~ ;.':/ ... .;... . .. - . ~ . :8t~~~;:o t~t) -1'-' ^'-:------ J)-.' ~ '..... '1 ~ 'v "\ r"" ~" , "'( I', . ~ il 'v (, -2 (). (T 0 -~~(: :t/ZO'Y 'L . - r'. ,-,.- -~"'I. " i r" .... }', .j ~ 1 \.., I }.. 'v ., ;"..~ : ~ ..-, .- ,",--,-;; -. I~ ~~\~ ~\ ~ ~ ..) V) ~ ~ '~ ;J c; 3G/ ~lt" " .' ~ ,~ - ---_.. - ~ ~ ~ 8 u :2 /.. N" " ~ ~, ~ V) ~ ."'\ ~:..~~~W 1--0- : ~~ J~ :>-' '. .\~).\~-j 4()1 ~lc;~1 ,~ l' ~~ ~ t..; \)"1 ~, V) ,.. <,J. 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',', ;,~~ :~j:"';':~'n' .; ~t'~,.~'~;:",~~j/ "" -/,:i~'. ;:;l.' ..: lfr~rj~ ,\;{ ~ ~_ ,_ ~,.. . ~ : _ ".<>: t ~. . r.r ...... ~{ _",:... "-W.'l:""-J"~ ~l~,""';',,'- . r..~..'";;" l';~N~~'J: fd _~"~ -. ~'f:.;;-i,.'" ~-... " c.~ (l~ ~~.~~. <i .1'~'.. ~,: .:, " ,. ':' ._~/ 1'..,: ' .tb':{i1;J"'o'i.' 1./1 ~~'t':.':'" '~;;;,,;~;. .< '~.o~~'~;S-b~':/'" '4: ~;~~~(::::"; :~~~4(' ~':;~~;i\ ',:.,. ::'~L:~\'~_: ~: ;'. i'~)p.H~ :' : r,.r;ry, ~..." f,[j ~~,:. it . ? , , f' /I- / J ~ . \ . \ . \ / D INDUSTRIAL DISTRICT AS I 9 PASSED ON HE 27TH DA' ~ " l ... , ... :2 U .. ... ... ... i Bl / / ,/ ST"". IlOtoll . ~ \ I I Ll (4--. + '-rt Clr., (''''r . PUD . ; GC . R-2 - ..: .. .. .. c ~ _.- . 4lt R-2 310 ... ! ... .. m m .. u ... MOIl ... I .. c ... CHESTNUT r,-- I I~CT I r POll'!!:! -S,T-J ~ -, I /~ , -:2H_cu,?, ' 373 ~ crI~--' TT\..E,gl $<:: 1-/ I~ . , ST.l E. 368 I 410 409 c ... GC 8 c I! "- I 411 412 MOIlT l STlCll lllMJIM ST. \ \IllVl ST. 460 ~9 a srAllllOW ST. ... \ i tAllDIMAl ST. I a i ... a ~ c ... ~ .. \ ... i GC ~ c .. MOIlT" " STM:ll / I i 0 R-l i .. c 5 - /419 ... SUlll'l ST. 423 E a:_ 420 - 421 422 R I 1 /..: 440 438 438 441 / / 461 462 463 460 481 480 4711 47. e e THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE ) ,) ) NOTICE OF PUBLIC HEARING In accordance with the provisions of Ordinance 1501, the Zoning Ordinance of the City of La Porte, notice is hereby given that a public hearing will be held by the La Porte City Council at 6:00 P.M. on the 14th day of September, 1987, to consider the request of First Assembly of God Church for a Special Conditional Use Permit under Section 6-600CF) of the Ordinance, in order to allow joint parking. This hearing will be conducted in the Council Chambers of the La Porte City Hall, 604 West Fairmont Parkway. Letters concerning this matter should be addressed to the City Secretary, P.O. Box 1115, La Porte, Texas 77571. Those wishing to address this matter pro or con during the meeting will be required to sign in before the meeting is convened. CITY OF LA PORTE Cherie Black City Secretary e e INTER-OFFICE-MEMO CITY OF LA PORTE SEPTEMBER 3, 1987 TO: FROM: Mayor and City Council Doug Latimer ~"I tairman, Planning & Zon ing Commiss ion SUBJECT: Special Conditional Use Permit For First Assembly Of God Church; 316 East Fairmont Parkway; Block 1112; Lots 6-11; Block ll13;Lots 1-4; La Porte. The First Assembly of God Church has applied for a Special Cond it ional Use pe rmi t for joint park ing., The Church is pI ann ing an expansion and they do not have adequate on-site parking to meet the requirements of the City's Zoning Ordinance. To overcome this problem, the church has entered into a joint parking agreement with the school district and is leasing a portion of the high school's parking lot. This lease has been reviewed and approved by the City Attorney's office. The Planning & Zoning Commission held a public hearing and considered First Assembly's request during our August 20, 1987 meeting. We find this request to meet all requirements of the City's Zoning Ordinance and recommend that the First Assembly Of God Church's request for a Special Conditional Use permit, to allow joint parking, be approved. DL/lb cc: Joel Albrecht, Director of Community Development David Paulissen, CBO/Zoning Administrator e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM JULY 28, 1987 SUBJECT: p~. NN G & ZONING COMMISSION D~ rnfl1EN, ZONING ADMINISTRATOR SPECIAL C~TIONAL USE PERMIT FIRST ASSEMBLY OF GOD CHURCH; 316 E. FAIRMONT PKWY. Lots 6-11; Blk. 1112; Lots 1-4; Blk. 1113 - La Porte TO: ::':;-i,l~X,~.. ,."<,,':~/'.!..' " FROM: BACKGROUND The First Assembly. of God Church is an existing religious institution located in a General Commercial (G.C.) zone. Religious institutions are a permitted G.C. use. The church is planning an expansion that will require an increase in parking facilities. They will be unable to meet these requirements on site. To overcome this problem, the church is leasing a portion of the La Port High School parking lot. This lot is located across Fairmont Parkway from the church. Section 6-600(F) of the City's zoning ordinance allows this type of joint parking arrangement as a conditional use requiring a special conditional use permit. The requirements of Section 6-600(F) are as follows: F. Joint Parking (1). The City council after receiving a report and recommendation from the Planning and Zoning Commission, may approve a conditional use permit for one (1) or more businesses to provide the required off-street parking facilities by joint use of one (1) or more sites where the total number of spaces provided are less than the sum of the total required for each business should they provide them separately. When considering a request for such a permit, the Planning Commission shall not recommend that such permit be granted nor the Council approve such a permit except when the following conditions are found to exists: e e Planning & Zoning Commission First Assembly of God Church July 28, 1987 Page 2 ~. Up to fifty (50%) percent of the parking facilities required for a theatre, bowling alley, dance hall, bar, restaurant or similar use as determined by the Planning Commission may be supplied by the off-street parking facilities provided by types of uses specified as primarily daytime uses in sub~ection (d) below. h. Up to fifty (50%) percent ot the off-street parking facilities required for any use specified under (d) below as primary daytime uses may be supplied by the parking facilities provided by the following nighttime or Sunday uses; auditoriums incidental to all public or parochial schools, churches, bowling alleys, dance halls, theatres, bars, restaurants or similar uses as determined by the Planning Commission. ~. Up to eighty (80%) percent of the parking facilities required by this section for a church or for an auditorium incidental to a public or parochial school may be supplied by the off-street parking facilities provided by uses specified under (d) below as primary daytime uses as determined by the City Planning Commission. d. For the purpose of this section the following uses are considered as primary daytime uses: banks, business offices, retail stores, personal'services shops, household equipment or furniture shops, clothing, shoe repair or service shops, manufacturing, wholesale and similar uses as determined by the Planning Commission. ~. Conditions reauired for ioint use: 1. The building or use ,for which application is being made to utilize the off-street parking facilities provided by another building or use shall be located within three hundred (300') feet of such parking facilities. 2. The applicant shall show that there is no substantial conflict in the principal operating hours of the two (2) buildings or uses for which joint use of off-street parking facilities is proposed. 3. A properly drawn legal instrument, executed by the parties concerned for joint use of off-street parking facilities, duly authorized as to form and manner of execution by the City Attorney, shall be filed and recorded in the Harris County Deed Records. e e Planning & Zoning Commission First Assembly of God July 28, 1987 Page 3 Analvsis The church's proposed parking arrangements meet all applicable zoning requirements. At the time of this writing, they have not yet submitted their parking lease agreement. They have been 0~c advised that this agreement must be on file with with City prior to the Planning & Zoning Commission's public hearing. Recommendation Assuming the parking lease agreement has been filed by the public hearing date and conforms to the guidelines of Section 6-600(f), staff makes no objection to granting ~his Special Conditional Use permit. DAP/nb e CITY OF LA PORTE e APPLICATION FOR SPECIAL CONDITIONAL USE PERMIT ---------------------------------------A~~li~~~i~~-N~~~~-=~~~~:;7-- OFFICE USE ONLY: Fee: $100.00 Date Received: ___ _ Z:..J:-_v,r; '7 Receipt No.: ') ....: _ --..:... r-o..' Certified Plans Submitted: ( ) General Plan () Major Development Site Plan ( ) Minor Development Site Plan () Preliminary Plat Person Making Request: Rev. Leroy Fleck P .0. Box 966 Pastor Mailing Address: City/State: LaPorte, Texas 77571 Phone: 471-0395 PROPERTY ADDRESS: LEGAL DESCRIPTION: First Assembly of God, LaPorte 316 East Fairmont Parkway BUSINESS NAME: See Paqe attached ZONE: General /Commerical SIC USE.. CATEGORY: I TYPE OF BUSINESS: Church ~ . ), ----------~~~:------------------------------~~~te: ~~-~~~~~~=~:~-~::~~- " OFFICE USE ONLY Date of P & Z Public Hearing: Date of City Council Meeting: Zone :/2. ---] Ac.1" 2.c))/~f1 )~/f 14) /'111 Recommendation:(iI or N Approved: Y or N This application is: Approved ( Permi t II Denied ( ) CLP JOB , (If Assigned Yet) Comments: Date Zoning Administrator CED/1-'87 RECEIVED JUL 0 ~ 1~87 "0DE ENFORCEMENT SEC. NO. LAMB, NO, I D ( 10ZS3l 1007C_~ I I fk01/11X- J1DDf77oNAL :'6d({CE- 70 fj;::.sr II.sSEiJJf5'?Lt( G'F b:-'O EilirFi!If{.lilorrr 1~ZI(~W1Y (~ f&~';..'Tc) , .JjJS1riI.L: I . 4g;;'/4 p~ P31Jf(N6 =, I . . '... - '/ - . 'IZkV - aitilt Gl~\l- . ..~.. ' I I oR3V J:B,TA XRili- BflN~ r ' 7, '[,l V -tZo/24eV/ 4w 7~~'lS /(JIiJ XF:mtlS ::'1 .:~!;.. I ~;(o~r;;~t:s ~;~) A IIL&Y 1;1 \I,M) e I':OU~ m~~~~~~I;JI~ ~~~~~T~~~'W'lI'Ai cln. P.S. NO. E,R. rIO, W.A.NO, I.F,rw, 40'/1.. f?r.X.I: . /zLv OofNfl Guy CA:=N UL7li rF/JIiC... -6!liK... '7.'1.1< Y -t[o/Ztfb V I 4w '25(25 K..VIJ )<Ai/tO I '\ -#-1/0 fiL 4" _ 7fv tA~,";>';) (5.'7 t) I @ . /,,',------ PolllT o~ f1ro1Cf-/m6.HT WilL) NeED 7O.Be (2f.JW1 GG . 70 ) 7,,:,polrrl /Uv'(./L ~ ,------/~ h' ,c.:: -:? c\. ...:.::::>- - 0 \ i iuuuu lu- V L, - ---- -- - \ \ /J oIf3-S ; /, RELoCfrTilS"YJ IS Rc;quc'SJl3j) /3Y C~tST6mf#(... Z. R:a[ :#~_70 Be ,r/LACED I 'Ie-' NOK!H OF 5iJu7fJ AUEY f.. o.w. ,LINE. (~t.. (-{<om (JoLt #~) '3. (kofbSEO Eilsr;/ilenT "DxLWJ/SllT 1E:\)U/12Jf7G- SIGNIITulES Wll.L Y/iLL Be VALlDj/1ND WILL NEED 70 I3E S(G-/16D BEfOlZE ;:;kJt.l71ES &-IN /BE R.c-{..cOi. 4.l1-..oPO~cO e=KGmerr CffiTei<EO Of(G((... .5OCdI-l 1!tL.E3V A. V. W LiNE M'u.. !<@7JI}I/l II~ 15, (UfbN SfGN/Or;.. of EiISE. 1!{.(.Et/ /f,o.JtI. WILL BE; fl13AllvoYl) S. CtlSTlVJ7G.( WILL Itlc-EO 70 ;////,Le 71k: /VcG::sf//,fY OI/INGf:S Ar mE 81S7iIlC- !i3t.Lo/VSf/11J 11I1c.L ~~/CE IN O/Z4..cr( FOIC 71?E 701l/f;JIj//,:;\( Cf.J4SS/2DotYl t:wG-, Latj) 7D BE AJJoeo, FA/rlJilDJl1 HIILlt...wA'1 Clla{Z.t H ~- ~ ~ ;>- - L Ih' A/,LE'( 1 - -- ..'--:..v.-....... .tf4-BS' -"l~ (1h11) TO) t3r=: /Ze.,D t2{J,r;.D fTU:f'rn fblE ,;I Z 70 fclE tJ- 3" f1;U.LW5~ I P Hn Lt... -+ GYf^ I~mp. \ \~;~~ \ L-J 45/4 +>/7 Gt1., 7St?.'? ~v~ M~f);i' & ~N W/~-ZC t 110' f/LlE.'11 &~;Jf ; Gy,- ?;:(t5/:.V;.J X;=ilii ,/o-qc..-tt;'.J:. e 11 :1 H ~ ~ n( )nFH r II \\'IIII.\r,IS, .IH. ~'" ~ ~lll'(,lll\t"'I\(I"I\' ~1J:i, 1" H .1s -- ''''~.'',--'~-- -. "--".---:"_""'~"I":'O.-"'~ 'g~:'p...Tt~".:,.;t'~..-:~ ---.........--r....~~-.w,...~"l..,......,...- ..,_. ~.,.. "-;:.r'.. e Lf\ PC)I \' t"L iI'.j i) l:'~!) J :i",ll) 1.:1\1'1- S(~l-'I ()() L 1) 15THl c~r :';0] F. 1-;\iI1l1l'ill PMkWi\'1 I" 1'", II', T"~(il<; i/'!iJ I ("lI:l) (1"1 J .(ll,l!{) ~ ~ i ii ~ 1'"....ld,.I1' III 'I\HlI (IF 11,11'-' II I ~; 1<)'1 MJ I 1'1',.'1'-' VIfI,I''''....'r!I.f1t .lmHOI n (iH/\IIA/I Sr("ft.l.u,! t1arch 26, 1.987 ! . ~ ./ ~ U ("11^1(l1I: (; "II(I!)' TillS!!',.. P.O I M!1l P/\T S 1I1111IT III r '^l!Y At- :lJl HAil III! ,If )/ Irll'l\l 'I /1/.1/,1111; Rev. Leroy Fleck First Assembly of God of La Porte 316 East Fairmont Parkway La Porte, Texas 77571 Dear Rev. Fleck: The La Porte Independent School District grants permission for the First Assembly of God of La Porte church to park in its facilities during church meetings. These parking facilities are located at La Porte High School and the Administration Annex, 301 East Fairmont Parkway. Sincerely, /~k/W~r Robert H. Williams, Jr. Superintendent of Schools /sd . . " ' " e e JOINT PARKING AGREEMENT COUNTY OF HARRIS ~ ~ ~ KNOW ALL MEN BY THESE PRESENTS ----THEuS-TATE OF TEXAS This Agreement, entered into on this the 18th day of August , 1987, by and between the La Porte Independent School District, with its principal office at 724 S. Broadway, La Porte, Harris County, Texas, hereinafter called "LESSOR" and the First Assembly of God Church of La Porte, located at 316 E. Fairmont Parkway, La Porte, Harris County, Texas, hereinafter called "LESSEE". WIT N E SSE T H: WHEREAS, LESSEE desires to expand its church facilities, on the currently existing lot of record: and WHEREAS, said expansion will necessitate an increase in parking spaces attendant to said expanded church facility, as required by City of La Porte Ordinance #1501, hereinafter referred to as the Zoning Ordinance of the City of La Porte: and WHEREAS, such increase in parking spaces is beyond the number of spaces LESSEE can provide on site to accomodate its expanded use: and WHEREAS, said Zoning Ordinance allows, in Section 6-600, for off- site parking and joint parking to be utilized to satisfy parking requirements on the conditional basis: and WHEREAS, LESSOR and LESSEE have met and determined: a. That LESSEE's use of its facilities only saturates available on-site parking on Sunday mornings, Sunday nights, Wednesday nights, and various and infrequent other miscellaneous times: b. That LESSOR's use of its parking facilities does not conflict with LESSEE's use of such parking facilities: and c. That LESSOR is willing to allow LESSEE to use its facilities to satisfy LESSEE's parking needs for LESSEE's expansion, at the times indicated above. -e e -2- --~~~...... .........- ~ --_._--_.__.._-~_.- ~ .... -.....I .......... NOW, THEREFORE, BE IT AGREED BETWEEN LESSOR AND LESSEE: That LESSOR leases to LESSEE its parking facilities at La Porte :Vli High School and the La Porte Independent School District Administration 0,.. ".'"J';' .- .. ,-'" cnoo_ Annex, both located on or about 301 East Fairmont Parkway, La Porte, Harris County, Texas, for a term of forty (40) years from the date of' execution hereof, unless otherwise cancelled as provided below. That LESSEE's use of LESSOR's parking facilities shall occur primarily on: c. Wednesday Nights from 8:00 5:00 6:00 a .m. to a. Sunday Mornings from b. Sunday Nights from p.m. to 2:00 11:00 11:00 p.m. ; p.m. to p.m.: p.m..: d. Such other and further reasonable times, as may be necessary for 'LESSEE,' such that LESSEE may conduct special religous services in accordance with LESSEE'S yearly church calendar. Notwithstanding the above, LESSEE's use of LESSOR'S parking facility shall never interfere with LESSOR's use of said facilities during normal school hours. That LESSEE, in consideration of the premises, has paid LESSOR FORTY & NO/100 ($40.00) DOLLARS, contemporaneous with the execution of this Lease, as rental for the full forty (40) year term. That nothing contained in this Lease shall ever be construed to prohibit LESSOR from selling or otherwise encumbering the leased parking facilities, subject only to this lease. That this Lease shall be cancellable by either party, without cause, upon one (1) year prior written notice from the cancelling party to the non-cancelling party, at the addresses listed above. Any changes in address by either party shall be reported to the other party, certified mail, return receipt requested, before becom- ing effective against said party. In the event of cancellation pursuant to this clause, remaining rental shall be rebated from LESSOR to LESSEE, pro-rata. -e e -3- That LESSEE shall hold LESSOR harmless, and shall indemnify LESSO~ ..,~rom any lo~s or damage which may occur to LESSEE, or LESSEE IS invi tees, while LESSEE or LESSEE IS invi tees are.utilizing LESSOR IS t " f\' (~-'-"-!"lr-l(-" ;::1' n -i r, c, -~ ~ I.' (-' -: ,. " c.'.,,.:_'.-~f~.... ~.....:r"'~-i~"'" ';', ~t-D r"I":'- .,'r' ~,.-. premises, pursuant to this contract. 1-.,- ... . '" ;.. ~ That this Contract is entered into pursuant to the ,laws of the State of Texas, and it is to be interpreted and construed in accordance therewith. SIGNED in triplicate originals this the 1M day of a..Y-'--"'4 1987, in La Porte, Harris County, Texas. ,~) 1.'...:_.. ':.~. :-. LA PORTE INDEPENDENT SCHOOL DISTRICT By- ATTEST: ~~~ APPROVAL: CHURCH OF By ATTEST: .. ~~ otfdt OF . " e e -4- THE STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ undersigned a ~ - and presiden d Secretary of the La orte Ind School Board of Trustees, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed, and in the capacities therein stated. GIVEN UNDER MY HAND 'AND SEAL OF OFFICE, this the If:d: day of August , A.D. 1987. ~~'-- otary Public in and for the State of Texas THE STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ JOYCE E. COOK " Notary Public In end for the State ~ , T...., My Commission expires 07-3'~, \ ~ J authori>> ~ on/;? this ~ pers_onally and ~~1.r ~ ~~ , Secretary of the F1rst Assembly of-God Church La Porte, nown to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they execu- ted the same for the purposes and consideration therein expressed, and in the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the/7~ day of August , A.D. 198J. ".I"'ili/,,, or \\( "/, \',\\ I /:}I \1 \,) J) 11 " j J. \ ) I'" . '\.< I~) -), j'\, ' ) l l , , ' , , ; c) : ' ) l~.. J) ~ (.)~) ....... ( : ~ :. .",'" I / \ ,/ ,>' . /.', I ,,' ,t,> , /\ )', , I, " " , , , ) ))/11,." \\;' , ;~' J I \ ,\" "., ,/) 1 4ItOUEST FOR CITY COUNCIL AJltDA ITEM Agenda Date Requested: q/14/87 Requested By: K. Askins Department: Legal Report Resolution x Ordinance Exhibits: Memo from Administrative Hearing Officer Ordinance 1000-P-1 SUMMARY & RECOMMENDATION Allegations of violation of La Porte City Ordinance 1000-P by Sweet Pea's Po Boy and Sandwich Shoppe were investigated and a fact-finding hearing duly held on March 18, 1987. The referenced exhibit memo from J. B. Williamson, Administrative Hearing Officer, sets forth the results of this hearing. The attached Ordinance 1000-P-1 addresses revoking the alcoholic beverage permit of Sweet Pea's Po Boy and Sandwich Shoppe due to violations of the Ordinance. Action Required by Council: Adoption of Ordinance'1000-P-1 Availability of Funds: N/A General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: YES NO Approved for Citv Council Agenda (i2M- 0 kkMJ~ Robert T. Herrera City Manager Q-;o-0j DATE e . ",.. . u,f\ 1\0 ~t~ (~ ~8- %/\ ~~ ~ /':p v.; \ (- ~' -" ,.~ INTER-OFFICE MEMORANDUM APRIL 10, 1987 ._'\ r-'~ -.....- ."""" '1.'-"--1 .. ~-, J'- I '.. :.- :,1_-...-' ~ 'l~ ;(.' : ~.. y~ :17 ,- ".::r:',cs -' I TO: Honorable Mayor Norman Malone '1i~;' FROM: J. B. Williamson, Administrative Hearing O~~icer SUBJECT: Sweet Pea's Po Boy and Sandwich Shop - Ord. No. 1000-p Violatior A fact-finding hearing was held March 18, 1987 concerning allegation of violation of La Porte City Ordinance #1000-P by the above reference establishment pursuant to my authority as Administrative Hearir: Officer for the Ci ty of La Porte. The Honorable John Armstrong an Honorable Robert Montgomery represented the Ci ty of La Porte in th hearing. The Honorable Walter P. Mahoney, Jr. represented "Sweet Pea' Po Boy and Sandwich Shop ". Wi tnesses were sworn and testimony wa taken. Findings of fact which were supported by the evidence; 1a. Sweet Pea's received authorization to operate as a restauran (as defined in Ordinance No. 1 OOO-P, Code of Ordinances, Ci ty 0 La Porte) on April 6, 1983, at 2199 Underwood Road, La Porte Harris County, Texas. 1b. That the ordinance does not specify who is to verify th audit requested. - 2. On 11/17/86, the Chief BUilding Official of the City of L Porte, David A. Paulissen, recei ved a Sworn Complaint from L. Porte Police Department Officer R. Parker, a credible person alleging a violation of City of La Porte Ordinance No. 1000-p Section 1, Code of Ordinances, City of La Porte, (attached a: Prosecution Exhibit #1). 3. On November 17, 1986 from approximately 2:30 p.m. unti. approximately 4 :00 p.m. Officer R. Parker obssrvec1 approximatel' 15 customers purchase beer at Sweet Pea's. 4. No food was served to any customers at Sweet Pea's fro! approximately 2:30 p.m. until approximately 4:00 p.m. on Novembei 17, 1986. 5. The beer purchased on November 17, 1986 from approximatel~ 2 :30 p.m. until approximately 4 :00 p.m. by the approximately 1: customers, was not purchased as a beverage only in connection witi the service of prepared food to said customers. e e r- - .. . ( .' c Page 2 6. That nei ther of the officers requested that any food t served. 7. That the officers were instructed not to ask for any food. 8. On the basis of the Sworn Complaint, Chief Building Officic Paulissen did determine that a violation of Ordinance No. 1000-F Section 1, Code of Ordinances, City of La Porte, exists. 9. By letter dated January 13, 1987, Chief Building Offici2 Paulissen did require "...a verified audit for each of -tt preceding 4 calendar quarters, showing the gross income deri VE from the sale of alcoholic beverages and the gross income derivE from the sale of food. Such verified audit shall be supported t copies of licensee's invoices and cancelled checks to substantiat its beer and food purchases..." Said letter was recei ved t Joseph W. Chadwick of Sweet Pea's on January 31, 1987 (letter ar return receipt are attached as Prosecution exhibit #2) 10. Sweet Pea has failed to prov ide the Ci ty of La Porte wit "...a verif~ed audit for each of the preceding 4 calend~ quarters, showing the gross income derived from the sale c alcoholic beverages and the gross income derived from the sale c food. Such verified audit shall be supported by copies c licensee's invoices and cancelled checks to substantiate its beE and food purchases. .'." (City of La Porte Ordinance No. 1000-F Section 1). 11. No evidence was offered as proof that Sweet Pea derives 6: of its gross income from the sale of prepared food. 12. No evidence was offered as proof that Sweet Pea serves be~ as a beverage only in connection with the service of prepared foc to a customer. 13. The City of La Porte has received no Sworn Complaint alleging any violation by any permitted restaurant in connectic wi th the sale of beer for consumption on premises, and no oth( verified audits have been required of any other restaurant by tl Chief Building Official. ' If any further information is desired on this matter, please advise. Respectfully submitted, 9- .G3, ).{.tt,~-r-..J ~ J. B. Williamson Administrative Hearing Officer e e ..-:::: ..:- ~ .. . ( C', JBW/mb Page 3 cc: John Armstrong, Assistant City Attorney Robert Montgomery, Attorney Walter P. Mahoney, Jr., Attorney for Sweet Pea's Robert T. Herrera, City Manager 4. e e ORDINANCE NO. 1000-P-l AN ORDINANCE REPEALING ORDINANCE NO. 1000-P OF THE CITY OF LA PORTE, HARRIS COUNTY, TEXAS, AND REVOKING THE PERMIT GRANTED THEREIN: ADOPT- ING CERTAIN FINDINGS OF FACT: FINDING COMPLIANCE WITH THE OPEN MEET- INGS LAW: PROVIDING A SEVERABILITY CLAUSE: AND PROVIDNG FOR AN EFFEC- TIVE DATE HEREOF. WHEREAS, the City of La Porte has engaged in the regulation of the closing hours for the sale of beer by retailers selling beer for consumption on premises in accordance with the provisions of Vernonls Texas codes Annotated, Alcoholic Beverage Code of the State of Texas: and WHEREAS, pursuant to said regulations, the City of La Porte on the 6th day of April, 1983, passed Ordinance No. 1000-P, permitting the sale of beer during the hours set by the general laws of the State of Texas, at an establishment used and located as follows, to-wit: STREET ADDRESS OF PROPERTY: 2199 Underwood La Porte, Texas 77571 LEGAL DESCRIPTION OF PROPERTY: A one (1) acre tract out of La Porte Outlot 451, Harris County, Texas NAME OF APPLICANT: Joseph W. Chadwick ADDRESS OF APPLICANT: 905 N. Amy Deer Park, Texas 77536 TRADE OR ASSUMED NAME OF RESTAURANT BUSINESS: "Sweet Peals Po Boy and Sandwich Shop" and, WHEREAS, said Ordinance No. 1000-P specifically required said establishment, in order to quali:ey for its on premises beer permit, to: (1) Derive 65% of its gross income from the sale of prepared food : (2) Serve beer as a beverage only in connection with the service of prepared food to a customer: and (3) Upon notification from the Building Official of the City of La Porte, provide the City of La Porte, within thirty (30) days from the date of notification, a veri- fied 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, said audit to be supported by copies of licensee's invoices and cancelled checks: and e e Ordinance No. lOOO-P-l Page 2 WHEREAS, a fact finding hearing was held on March 18, 1987, concerning allegations of violation of La Porte City Ordinance No. lOOO-P by Sweet Pea's Po Boy and Sandwich Shop, at which said hearing the City of La Porte and Sweet Pea's Po Boy and Sandwich Shop were represented by counsel, and at which witnesses were sworn and testimony was taken: and WHEREAS, J. B. Williamson, Administrative Hearing Officer of the City of La Porte, duly appointed in Ordinance No. 1480 made certain findings of fact, attached to this Ordinance as Exhibit "A" and incorporated by reference herein: and WHEREAS, it is the judgment of the City Council of the City of La Porte, based upon the submitted finds of fact and deliberations of council, that violations of Ordinance No. lOOO-P exists, namely: (l) That Sweet Pea's Po Boy and Sandwich Shop has violated the terms of its permit, in that it does not derive sixty-five (65%) percent of its gross income from the sale of prepared food: (2) That Sweet Pea's Po Boy and Sandwich Shop has violated the terms of its permit, in that beer is not served as a beverage only in connection with the service of prepared food to customers: and (3) That Sweet Pea I s Po Boy and Sandwich Shop has failed to meet the conditions of its permit, in that a verified audit of its books was duly requested by the Chief Building Official of the City of La Porte, said audit being supported by copies of licensee 's ,. invoices and cancelled checks to substantiate its beer and food purchases, and permittee failed to provide said audit in accordance with the terms of its license, and in accordance with the terms of the request of the Chief Building Official: and (4) That Sweet Pea's Po Boy and Sandwich Shop has not complied with the provisions of Ordinance No. lOOO-P: and e e Ordinance No. 1000-P-l Page 3 WHEREAS, the City Council of the City of La Porte has the authori ty and power to revoke the permit granted in Ordinance No. 1000-P, based upon Section 3 of Ordinance No. 1000-P and the findings contained in this Ordinance; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Repeal of Ordinance No. 1000-P. Ordinance No. 1000-P of the City of La Porte, Harris County, Texas, permitting Sweet Peals Po Boy and Sandwich Shop to sell beer for consumption on premises within the city limits of the City of La Porte, is hereby repealed. Section 2. Adoptions of Finding of Fact. The following find- ings of fact are adopted by the City Council of the City of La Porte: 1. The findings of fact submitted by J. B. Williamson, Administrative Hearings Officer by Memo dated April 10, 1987, and attached to this Ordinance as Exhibit "A", are hereby adopted by the City Council of the City of La Porte; 2. Sweet Pea I s Po Boy and Sandwich Shop is in violation of the terms of its permit in the following particulars: a. Sweet Pea's Po Boy and Sandwich Shop does not derive sixty-five (65%) ,percent of its gross income from the sale of prepared food; b. Beer is not served as a wi th the service of prepared Pea's Po Boy and Sandwic~'Shop; beverage food to a only in connection customer at Sweet c. Sweet Pea's Po Boy and Sandwich Shop, in contraven- tions of the terms of Ordinance No. 1000-P, and after due notice, has failed to provide a verified audit showing the gross income derived from the sale of alcoholic beverages and the gross income derived from the sale of food, said audit being supported by copies of Sweet Pea's invoices and cancelled check's to substantiate its beer and food pur- chases; d. Sweet Pea's Po Boy and Sandwich Shop has not complied with the provisions of City of La Porte Ordinance No. 1000-P. e e Ordinance No. IOOO-P-l Page 4 3. The permit granted in Ordinance No. IOOO-P for Sweet Pea's Po Boy and Sandwich Shop, and the conditions imposed in said permit in Ordinance No. lOOO-P have not been met, and Sweet Pea's Po Boy and Sandwich Shop is in violation of the terms of its permit. section 3. Revocation of Permit. The permit granted to Sweet Pea's Po Boy and Sandwich Shop in Ordinance No. IOOO-P, allowing Sweet Pea's Po Boy and Sandwich Shop to operate as a restaurant, as defined in Ordinance No. lOOO-P, at a location specified in Ordinance No. lOOO-P, is revoked, in accordance with the authority granted and retained by the City Council in Section 3 of Ordinance No. lOQQ-P. Section 4. If any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity 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 5. The City Council officially finds, determines, re- cites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was post- ed 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 ~252-l7, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as re- quired by law at all times during which this Ordinance and the sub- ject 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. e e Ordinance No. lOOO-P-l Page 5 section 6: This Ordinance shall be in effect from and after its passage and approval. PASSED and APPROVED this the day of 1987. CITY OF LA PORTE Norman L. Malone, Mayor ATTEST: Cherie Black, City Secretary APPROVED: f5:;,;rJ Knox W. Askins, 4. e(- e \ ORDINANCE NO. /4 f {} AN ORDINANCE DESIGNATING J. B. WILLIAMSON AS HEARING EXAMINER, TO CONDUCT A HEARING ON PENDING CHARGES AGAINST SWEET PEA'S PO BOY AND SANDWICH SHOP, FOR ALLEGED VIOLATIONS OF CITY OF LA PORTE ORDINANCE NO. 1000-P: DIRECTING THE HEARING EXAMINER TO MAKE FINDING OF FACT AND CONCLUSIONS OF LAW, AND TO FILE SAME WITH THE CITY COUNCIL OF THE CITY OF LA PORTE: AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City of La Porte has heretofore received a sworn complaint of alleged violations by Joseph W. Chadwick, Permitee of Sweet Peals Po Boy and Sandwich Shop, 2199 Underwood Road, La Porte, Texas 77571, that said Permitee has allowed the sale of beer for consumption on premises, in violation of Ordiance No. lOOO-P, passed and approved by the City Council of the City of La Porte on April 6, 1983. Section 2. The City Council of the City of La Porte hereby appoints J. B. WILLIA~1S0N as Hearing Examiner, to conduct a hearing on said sworn complaint, and to thereafter file his findings of fact and conclusions of law with the City Council of the City of La Porte, for further action by the City Council of the City of La Porte. Section 3. This Ordinance shall be effective from and after its passage and approval. PASSED AND APPROVED this the 25th day of November, 1985. CITY OF LA PORTE ~i l; By ATTEST: UA~~/ &d Cherie Black, City Secretary ~~ APPROVED: Knox W. Askins, City EXHIBIT "A" 4ItEQUEST FOR CITY COUNCIL A~DA ITEM Agenda Date Requested: g/14/87 Requested By: B. Waters Department: Citv Council Report Resolution x Ordinance Exhibits: Ordinance 1559 SUMMARY & RECOMMENDATION The attached amended "Animals and Fowl" ordinance (Section 5.0 of the City's Code of Ordinances) was presented as a workshop item during the City Council meeting held on August 24, 1987. At that time, Councilperson Betty Waters moved to place the ordinance as an agenda item on September 14, 1987, for City Council action. Adoption of this ordinance would amend the following areas: Section S-S, "Fees" - Current animal fees would be increased to meet rising operational and maintenance expenditures; Section 5-~8, "Restriction on Number of Dogs and Cats in Proximity to Residence of Another" - This is a new section, and restricts the number of animals per household to a total of three (3) animals (dogs, cats, or a combination); Section S-52, "Abandonment of Animals Prohibited" - This is also a new section, and prohibits the abandonment of animals in the City of La Porte; and Article VII, "Kennels and Pet Establishments" - This is a new article, and establishes the regulations and fees for kennels and pet establishments. The ordinance also includes a penalty clause, which provides that anyone found in violation of this ordinance will be deemed guilty of a misdemeanor and upon conviction will be fined a sum not to exceed two hundred ($200) dollars. Action Required by Council: Adoption of Ordinance 1559 Availability of Funds: NIA General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: YES NO ADproved for City Council Agenda cXJ~ -r; ~ Robert T. Herrera City Manager -9-10 -rot DATE e e ORDINANCE NO. /~~7 AN ORDINANCE AMENDING CHAPTER FIVE, "ANIMALS AND FOWL", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, AMENDING SECTION 5-5, "FEES"; AMMENDING ARTICLE III "DOGS"; BY ADDING THERETO SECTION 5-38, "RESTRICTION ON NUMBER OF DOGS AND CATS IN PROXIMITY TO RESIDENCE OF ANOTHER"; BY ADDING THERETO SECTION 5-52, "ABANDON- MENT OF ANIMALS PROHIBITED"; BY ADDING THERETO ARTICLE VII, "KENNELS AND PET ESTABLISHMENTS"; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANy SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00); FINDING COMPLI- ANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Chapter Five, "Animals and Fowl," of the Code of Ordinances of the City of La Porte, is hereby amended by amending section 5-5, "Fees" , to read as follows, to-wit: Sec. 5-5. Fees For each and every animal, other than dogs and cats taken and impounded there shall be paid to the City of La Porte by the owner thereof or his agents the sum of Thirty-five dollars ($35.00) for the taking up and impounding of same, and the further sum of Five dollars ($5.00) per day for each and every day except the first day that the animal shall remain in the custody of the Humane Officer. Such fee being charged for the purpose of covering the costs of feeding and caring for such animal, and when such animal or animals are sold in accordance with the provisions of this article, the further sum of Ten dollars ($10.00) shall be charged for selling same. And further, for each male animal capable of breeding, such a& boars, stud horses, jacks or bulls, found running at large and impoun- ded, there shall be an additional charge of Fifty dollars ($50.00) each which shall be paid by the owner or his agent for the impoundlng of same. Section 2. Chapter Five, "Animals and Fowls", Article III of the Code of Ord inances of the Ci ty of La Porte, is hereby amended to read as follows, to-wit: ARTICLE III. DOGS & CATS Sec. 5-26 Definitions Unless otherwise expressly stated, the following terms shall, for the purpose of this article, have the meanings indicated in this section: e e Ordinance No. 1559, Page 2. (a) Cats. Shall mean both male and female animals of the feline kind. (b) Dogs. Shall mean both male and female animals of the canine kind. (c) Owner. Shall mean any person, firm, association, partnership, or corporation owning, keeping or har- boring an animal or animals of the dog or cat kind. (d) At large. Shall mean a dog that is not confined to the premises of the owner by a substantial fence of sufficient strength and height to prevent the dog from escaping there- from, inside the house, or other en- closure, or secured on said premises by a leash of sufficient strength to prevent the dog from escaping from said premises, and so arranged that the dog will remain upon said premises when the leash is stretched to full length in any direction: provided, however, that a dog shall not be con- sidered "at large" when held and con- trolled by some person by means of a leash or chain of proper strength and length to control the actions of the dog or while confined within a vehicle. (d) Vaccination. Shall mean an injection of a vaccine for rabies, approved by the state veterinarian, and administered by a licensed veterinarian. Sec. 5-27. License and vaccination required. All dogs and ~ats six (6) months of age or over which 'are kept, harbored, or maintained by their owners within the corporate limits of the city shall be licensed and vaccinated. Licenses shall be issued by the City of La Porte upon payment of a fee of five dollars ($5.00) for each dog or cat from January 1 through March 31 of each calendar year: after April 1 of each calendar year, dog or cat licenses shall be issued by the City of La Porte upon payment of seven dollars ($7.00) for each dog or cat. Before a license will be issued, the owner of the dog or cat must present a certificate from a licensed veterinarian showing that said dog or cat has been e e Ordinance No. ,:;5"1 , Page 3. vaccinated within the preceding twelve (12) months. The owner shall state his name and address, and the breed, color and sex of the dog or cat to be licensed. Said license shall be good for the calendar year, January 1 to December 31. Sec. 5-28. Tag and collar. Upon payment of the license fee, the city shall issue to the owner a license certificate and a metal tag having stamped thereon the year for which it is issued, and the number corresponding with the number on the certificate. Such tag shall at all times be securely attached to a collar or harness around the neck of the animal. In case a tag is lost, a duplicate will be issued by the City of La Porte upon presentation of the receipt showing the payment of license fee for the calendar year. Tags shall not be transferable from one dog or cat to another, and no refunds shall be made. sec. 5-29. Running at Large. No owner of any dog shall permit such dog to run at large within the corporate limits of the city. sec. 5-30. Impoundment. Any dog running at large in the City of La Porte, or any dog or cat not pro- vided with a collar or harness to whiCh is attached a metal license tag and a tag furnished by the veterinarian show- ing that said dog or cat has been vacci- nated, shall be impounded by the Humane Officer, chief of police, or their authorized represehtatives, in a place provided for that purpose, and if such dog or cat is not called for by the owner within seventy-two (72) hours af- ter impoundment, the dog or cat shall be destroyed humanely. The owner of any dog or cat impounded shall be permitted to reposses such dog or cat upon the pay- ment to the City of La Porte of a pound fee of thirty-five dollars ($35.00), and the further sum of Five dollars ($5.00) per day for each and every day except the first day that the animal shall remain in the custody of the Humane Officer, if the dog or cat is currently vaccinated and licensed as required by this Code. If the dog or cat is unvaccinated the pound e e Ordinance No. IrS9 , Page 4. fee shall be Forty-five dollars ($45.00), and the further sum of Five dollars ($5.00) per day for each and every day except the first day that the animal shall remain in the cus- tody of the Humane Officer, and the dog or cat shall be vaccinated and licensed as required by this Code, at the owners expense, before it shall be released to the owner. The owner shall have the burden of proof as to vaccination and licensing. If the im- pounded dog or cat is a female in heat, the pound fees above provided for shall be doubled. Sec. 5-31. Confinement of certain dogs or cats. No dog or cat of fierce, dangerous, or vicious propensities, nor a female dog or cat in heat shall be allowed upon any street, sidewalk, park or other public place in the city, whether or not said dog or cat is under control by means of a leash, chain,or otherwise. This section shall not apply to such dogs or cats when confined within a vehicle. sec. 5-32. Vicious dogs or cats. Any dog or cat which has bitten two (2) or more persons shall be deemed vicious, and shall be removed from the corporate limits of the city within twenty-four (24) hours from the time no- tice is'given to the owner; otherwise, the dog or cat shall be impounded and destroyed in a humane manner. Sec. 5-33. Proqedure when dog or cat bites .person. If a dog or cat has bitten, scratched or otherwise attacked a person, the owner of such dog or cat or any person having knowledge of such incident, sha!l immediately notify the chief of police and the Humane Officer, and such dog or cat shall be confined in the city pound or veterinary hospital for a period of ten (10) days at the owner's expense, or shall be immediately and securely confined by the owner by tying with a chain of good quality for a period of ten (10) days in such a place that no person or animal may be bitten by it, and such dog shall, during such period of confinement, be subject to inspection e e Ordinance No. IJ-j'l , Page 5. from time to time by the Humane Officer or a licensed veterinarian. sec. 5-34. Quarantining of animals exposed to rabies. Any animal that has rabies or symp- toms thereof, or that is suspected of having rabies, or that has been exposed to rabies, shall, at the owner's option, and at the owner's expense, be at once delivered to the Humane Officer for dis- posal, or confined in a veterinary hos- pital, or immedately and securely con- fined by tying with a chain of good quality, and kept under supervision of the Humane Officer for a period of not less than sixty (60) days. sec. 5-35. Reporting rabid animals. It shall be the duty of all prac- ticing veterinarians to report to the Humane Officer all cases of rabies with which he comes in contact or to which his attention has been directed. This report shall be made immediately upon diagnosis or suspicion of such cases of rabies. Sec. 5-36. Barking dogs. Any person who shall harbor or keep on his premises, or in his control, any dog which by loud, prolonged or repeti- tive barking or howling, shall cause a breach of the peace and quiet of the neighborhood, or the occupants of sur- rounding premises to be disturbed, shall be guilty of a misdemeanor. Sec. 5-37. Destruction of certain dogs or cats authorized. 1 Any police officer or Humane Officer, or their designated assistants, may kill any dog or cat suspected of having rabies, or any dog or cat manifesting a disposition to bite or scratch when such dogs or cats are found at large. section 3. Chapter Five, "Animals and Fowl," of the Code of Ordinances of the City of La Porte, is hereby amended by adding thereto new section 5-38, Restriction on Number of Dogs and Cats in Proximity to Residence of Another, to read as follows, to-wit: e e urdinance No. /!J-5"l! , Page 6. Sec. 5-38. Restriction on Number of Dogs and Cats in proximity to Residence of Another. (a) No person shall harbor at any time more than three (3) dogs or cats over the age of six (6) months each in any place in the City, except a duly licensed and permit- ted breeding kennel, boarding kennel, veterinary hospital, or pet establishment.* section 4. Chapter Five, "Animals and Fowl", of the Code of Ord inances of the City of La porte, is hereby amended by adding thereto new Section 5-52, "Abandonment of Animals Prohi- bited"i reporting violation, to read as follows, to-wit: Sec. 5-52. Abandonment of Animals prohibited. (a) It shall be deemed unlawful for any person to abandon or drop any animals in the City of La Porte. (b) Any animal found to be restrained in such a way that it does not have access to air, food, water, and shelter adequate to maintain life and health shall be con- sidered to be abandoned and shall be impounded. (c) It shall be the duty of every person to report immediately to the humane department, the location and description of any animal which is in violation of this section. Section 5. Chapter Five, "Animals and Fowl," of the Code of Ordinances of the Ci ty of La Porte, is hereby amended by adding thereto new Article VII, Kennels and Pet Establishments, to read as follows, to-wit: ARTICLE VII. KENNELS AND PET ESTABLISHMENTS Division 1. Generally Sec. 5-81. Definitions For the purpose of this article, the fol- lowing definitions and meanings shall apply. * See the zoning Ordinance of the City of La porte, Ordinance No. 1501, Code of Ordinances, City of La Porte, for locational requirements for kennels, vetinary hospitals, and pet esta- blishments. e e Ordinance No. 1~~1 , Page 7. veterinary Hospital. The term veterinary hospital means a place where pet animals or livestock are treated for disease or injury, or pet animals are boarded under the supervision of a licensed veterinarian. Kennel. The term kennel means any lot, enclosure, premises, structure or building whereon three (3) or more dogs and/or cats over the age of (4) months are kept or maintained for any purpose whatever, ex- cept a veterinary hospital operated by a graduate veterinarian duly licensed by the state Board of Veterinary examiners; or the impound facility operated by the City of La Porte. Pet Establishment. The term Ilpet establish- ment" shall mean any shed, building, store, lot or other place within the city where pet animals are sold, offered for sale or bred for sale or distribution. Pet Animal. The term "pet animal" shall mean any mammal, bird, amphibian, reptile or other animal commonly kept as a house- hold pet and not governed under Article II as livestock or Article VI as a wild animal. Division 2. License Sec. 5-86 Requirement It shall be unlawful for any person to maintain, keep or possess a kennel or pet establishment without first obtaining a license under the provisions of this division. Sec. 5-87 Application Application f~r a kennel or pet establish- ment license shall. be filed with the code enforcement officer and shall contain all information reasonably necessary to determine the size, number, type and arrangement of the facilities as well as the identity and business history of all applicant(s). Such application shall be in a form dictated by the code enforcement division. all struc- tures submitted for application as a kennel or pet establishment either existing or planned construction must conform to all the building codes promulgated by the code enforce- ment division. Sec. 5-88 Fees The fee for a kennel license shall be as follows. e e Ordinance No. ;55'1 , Page 8. (1) For a kennel of less than five (5) animals, Twenty-five Dollars ($25.00) per year or a fraction thereof. (2) For a kennel of five (5) to ten (10) animals inclusive, Thirty Dollars ($30.00) per year or a fraction thereof. (3) For a kennel of eleven (11) to fifteen (15) animals, inclusive, Thirty- five Dollars ($35.00) per year or a fraction thereof. (4) For a kennel of sixteen (16) to twenty (20) animals, inclusive, Forty Dollars ($40.00) per year or a fraction thereof. (5) For a kennel of over twenty (20) animals, Fifty Dollars ($50.00) per year or a fraction thereof. Such license shall be for the calendar year or any part thereof during which a kennel is maintained, and shall be due and payable in advance on or before February fifteenth (15) of each year. Sec. 5-89 Inspection prerequisite to issuance No kennel or pet establishment license shall be issued until an inspection of the premises is made by the chief Humane Officer and the premises are found to be sanitary and that the kennel or pet establishment complies with all city ordinances and state laws governing possession or sale of animals. Sec. 5-90 Issuance: contents Upon payment of the prescribed fees and compliance with all other requirements estab- lished, the Humane Officer shall issue a kennel or pet establishment license to the applicant. Such~license shall contain the name and address of the licensee and of the kennel or pet establishment, the number of the license, date issued and amount paid therefor. Sec. 5-91 posting of license A license issued under this article shall be posted at all times in a prominent place in the kennel or pet establishment for which it is issued. Sec. 5-92 Not transferable A license under this division shall not be transferable and shall not authorize any person other than the person to whom it is e e Ordinance No. I~S9 , Page 9. issued to keep, possess or maintain a kennel or pet establishment and shall not be transferable to any location other than the one shown on the face thereof. Sec. 5-93 Expiration and renewal Each license issued under this division shall expire on December thirty-first (31) of each year in which issued and shall be renewed by paying the prescribed fee and complying with all other provisions of this division. sec. 5-94 Records to be kept The Humane Officer shall keep a permanent record of all kennel and pet establishment licenses issued under the terms of this divi- sion, which records shall show the name and address of all persons issued a kennel or pet establishment license, the number of the kennel or pet establishment license, the date issued and the amount(s) paid therefor. Sec. 5-95 Revocation or suspension1 Enforce- ment responsibility of The Chief Humane Officer may revoke or suspend the license of any kennel or pet establishment at any time for failure to keep the licensed premises in a sanitary condition or for failure to comply with any City Ordi- nance or State Law or any law governing the possession or sale of animals. It shall be the responsibility of the Chief Humane Officers or his deputies to inspect and enforce all provisions of this division. Sec. 5-96 Appeal from suspension or revo- cation After the suspension or revocation or denial of a licJn~e under this division has been in effect for three (3) consecutive days, the licensee may file written notice of appeal with the city council of the City of La Porte and the city council shall investigate and sustain or overrule such suspension or revocation. Such notice shall be filed within ten (10) days after the posting of notice of the suspension or revocation. Such notice shall be filed within ten (10) days after the posting of notice of the suspension or revocation and the council shall sustain or overrule the appealed action within ten (10) days after receipt of the notice of appeal conclusive notice of the councils action on such appeal shall be the posting of written notice thereof by the bulletin board in the city hall. Failure of council to act on the e e uLdinance No. I '5~1 ' Page 10. appeal within ten (10) days shall constitute a sustaining and affirmation of the suspen- sion or revocation. Sec. 5-97 Reinstatement after suspension Every suspended kennel or pet establish- ment license shall be reinstated promptly upon correction or removal of the viola- tion(s) specified in the notice of suspen- sion. Sec. 5-98 Removal of animals after revocation All animals must be removed from a kennel or pet establishment whose license has been revoked, suspended or denied within ten (10) days of the date of revocation, suspension, denial or appeal unless the license has been reissued. No kennel or pet establishment license will be issued to a licensee whose license has been revoked within one calendar year of the date of revocation. Any animal(s) remaining shall be impounded and disposed of. Section 6. Any person, as defined 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 7. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the h Ci ty Hall of the Ci ty for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated: and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject 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. Sect ion 8. I f any section, sentence, phrase, clause, or . . Ordinance No. 155"1 , Page 11. any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity 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 sect ion, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. section 9. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper in the City of La Porte at least twice within ten (10) days after the passage of this ordinance. PASSED AND APPROVED this the _ day of CITY OF LA PORTE , 1987. By Norman Malone, Mayor ATTEST: , Cherie Black, City Secretary o o .------ CONSIDER OHDINANCE M'1EI-JDHIG CHAPTER FIVE:, l! A!.JIH1'!.LS AIm F01;JL tI , OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE Card. 1559) - B. Haters !-lotion by Second by VOTE: Haters ~ Hatuszak POl'ter Shipp ~ Skelton Clar'ke Halone I.J}~ /1L.offiu~ tJ FOR /' l"Iotion carried ;/;J ~ AGAINST ABSTAIN ~ t,/'" Defeated Tabled ~:t~'1.~ '. ~ 4 :J- 1 1tf,J:ual7JtL~~J rp~)J~, _~J~ I ~OUEST FOR CITY COUNCIL AG~DA ITEM Agenda Date Requested: g/14/87 Requested By: R. Herrera Department: Administration X Report Resolution Ordinance Exhibits: Memo from Zoning Administrator Memo from Planning and Zoning Commission Chairman SUMMARY & RECOMMENDATION Wayne Knox has requested a special conditional use permit under Section 10-302(10) of Ordinance 1501. He has appeared before the Planning and Zoning Commission with this request. The Planning and Zoning Commission has no objections to the granting of the permit. Final approval must be given by City Council, as set out in Ordinance 1501. Action Required by Council: Approve Special Conditional Use Permit Availability of Funds: N/A General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: YES NO ApDroved for City Council Agenda Q,~~ ~ Robert T. Herrera City Manager "-lo-ror DATE e e ....-::::: CITY OF LA PORTE INTER-OFFICE MEMORANDUM JULY 23, 1987 .:,~-'::~\~-ff~ . FROM: SUBJECT: Planning & Zoning Commission D~ulissen, Zoning Administrator Wayne Knox's Special Conditional Use Permit 10431 N. "P" St. - La Porte Outlots 1;380,361 Property Zoning "R-1" (Low Density Residential) TO: BACKGROUND Mr. Knox's intention is to build a barn on this site and use the property for pasturing horses. The size of this tract is 11.81 acres. Mr. Knox also intends to build a house on this site sometime in 1988. Until such time as the house is built, raising horses will be the prim~ry use of the property. This property is located in an "R-1" zone ~rid is presently undeveloped except for a perimeter fence. It is situated east of the Bayou Glen subdivisior on the north side of N. "P" St. in Lomax. ANALYSIS This property use is listed in the residential table of the City's zoning ordinance (Section 5-600, Table A, Ordinance #1501) as Agricultural Production (animal specialities) and has a Standard Industrial Classification (S.l.C.) number of 0272. This number is listed as a conditionally permitted use in "R-1" zones. The listing is specifically described as "Establishments primarily engaged in the production of horses and other equines." This use includes pasturing and breeding of horses. It does not include commercial boarding, on site sale of, or commercial exhibition of animals. e e ..-::: Wayne Knox's Special Conditional Use Permit July 23, 1987 Page 2 Although this request is for a primary use, the requi~ements of Section 10-302(10) of the zoning ordinance will apply to this application: 10-i02 Residential Accessorv structures & ~ -,;~::,:~:~:.":;.i ~ 10. DOMESTIC LIVESTOCK: Domestic livestock (cattle, horses, hogs, sheep, goats, chickens', and geese) are a permitted accessory use on lots in excess of 43,560 square feet, provided that all domestic livestock as defined above be restrained no closer than 25 feet from property that is not devoted to the keeping of domesti~ livestock, and provided further that said domestic livestock be kept in a concentration that is less than or equal to: (a) Two (2) cows per acre (b) Two (2) horses per acre (c) Two (2) hogs per acre (d) Two (2) sheep or goats per acre In any event the total for the above referenced grazing animals (i.e. sheep, goats, hogs, cows, or horses) shall be cumulative. In the event of fowl, no specific concentration is established herein, but in no event shall the cumulative concentration of fowl be such as to create a health hazard. The requirements of City of La Porte Ordinance No. 1358 shall apply in any event. ' , The req~irements of Ordinance No. 1358 referenced in the above section refer to health and sanitation requirements. As noted earlier, this tract is located on the north side of N. "PI St. It is bordered by existing pastures on the east and north. The western property line abutts the Bayou Glen subdivision. TherE is however, a large drainage ditch between the subdivision and the main body of Mr. Knox's property. Mr. Knox's intention is to fenCE the eastern side of the ditch line. This will leave a setback welJ in excess of 25 ft. between the subdivision and all pasture area. Finally, based on the approximately 12 acres involved, Section 10-302(10) will allow a maximum of 24 horses to be pastured on thi~ site. e e ~ Wayne Knox's Special Conditional Use Permit July 23, 1987 Page 3 RECOMMENDATION : ~~~l~)-.:..... .::- As this request meets all zoning criteria, staff recommends granting this Special Conditional Use Permit. This permit should conform_to, the following guidelines: (1) A maximum of 24 animals to be pastured at any time (2) Pasture areas' must meet setbacks as required by the zoning ordinance (3) All barns, stalls, and buildings must be properly permitted and meet all required setbacks (4) All health and sanitation requirements of City ordinance #1358 must be met DAP/nb lr. . . po:::;; .~ CITY OF LA PORTE INTER-OFFICE MEMORANDUM SEPTEMBER 3, 1987 F R ot1 : Mayor & City c~uncil Doug Latimer~1~irman, Planning & Zoning Commission TO: SUBJECT: Wayne Knox's application for Special Conditional Permit for La Porte outlots 380, 361. Application #87-003 Mr. Knox has applied for a Special Conditional Use permit to allow him to pasture horses on the above referenced 11.88 acre tract of property. As there is presently no dwelling located on this site the pasturing of livestock will be the primary property use. This use is conditionally permitted in "R-1" zones. The restrictions applying to this use are as follows: (1) The tract to be used must be at least 1 acre. (2) Pasture areas must be setback at least 25 adjoining property not used as pasture. ".. I '" . from any (3) Property can not be used for commercial boarding, exhibition or sales of animals. ",. The Commission held a public hearing and considered this request dUl~ing the August 20,1987 meting. He found Hr. Knox's property to meet all requirements of the City's zoning ordinance. The Planning & Zoning Commission recommends approval of this Special Conditional Use permit subject to the following conditions: (1) A maximum of 24 animals to be pastured at any time. (2) Pasture areas must meet setbacks as required by the City's zoning ordinance. (3) All barns, stalls, and buildings must be properly permitted and meet all required setbacks. (4) All health and sanitation requirements of City ordinance #1358 must be met. DL/nb xc: Joel Albrecht, Director of Community Development David Paulissen, CBO/Zoning Administrator ~OUEST FOR CITY COUNCIL AG~A ITEM Agenda Date Requested: q/14/87 Requested By: R. Herrera X Report Department: Administration Resolution Ordinance Exhibits: Memo from Zoning Administrator Memo from Planning and Zoning Commission Chairman COpy of Joint Parking Agreement with La Porte ISD SUMMARY & RECOMMENDATION The Assembly of God Church has requested a special conditional use permit under Section 6-600(F) of Ordinance 1501. Their representative has appeared before the Planning and Zoning Commission with this request. The Planning and Zoning Commission has no objections to the granting of the permit. Final approval must be given by City Council, as set out in Ordinance 1501. Action Required by Council: Approve Special Conditional Use Permit Availability of Funds: N/A General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: YES NO Approved for City Council Agenda QJ~ T ~~,J Robert T. Herrera City Manager q-(Q -~I DATE e e fII'"':=:; CITY OF LA PORTE INTER-OFFICE MEMORANDUM JULY 28, 1987 SUBJECT: p~ & ZON'[NG COMMISSION D~ rnll1EN, ZONING ADMINISTRATOR SPECIAL C~TIONAL USE PERMIT FIRST ASSEMBLY OF GOD CHURCH; 316 E. FAIRMONT PKWY. Lots 6-11; Blk. 1112; Lots 1-4; Blk. 1113 - La Porte TO: . \~'::rf'~:..:~"'-'_: -:.'.' FROM: BACKGROUND The First Assemb~y,of God Church is an existing religious institution located in a General Commercial (G.C.) zone. Religious institutions are a permitted G.C. use. The church is planning an expansion that will require an increase in parking facilities. They will be unable to meet these requirements on site. " To overcome this problem, the church is leasing a portion of the La Port High School parking lot. This lot is located across Fairmont Parkway from the church. Section 6-600(F) of the City's zoning ordinance 'allows this type of joint parking arrangement as a conditional use requiring a special conditional use permit. The requirements of Section 6-600(F) are as follows: F. Joint Parking (1). The City council after receIvIng a report and recommendation from the Planning and Zoning Commission, may approve a conditional use permit for one (1) or more businesses to provide the required off-street parking facilities by joint use of one (1) or more sites where the total number of spaces provided are less than the sum of the total required for each business should they provide them separatelY. When considering a request for such a permit, the Plannine Commission shall not recommend that such permit be granted nor the Council approve such a permit except when the following conditions are found to exists: e . ~ . . Planning & Zoning Commission First Assembly of God Church July 28, 1987 Page 2 ~. Up to fifty (50%) percent of the parking facilities required for a theatre, bowling alley, dance hall, bar, restaurant or similar use as determined by the Planning Commission may be supplied by the off-street parking facilities provided by types of uses specified as primarily daytime uses in subsection (d) below. Q. Up to fifty' (50$) percent of the off-street parking facilities required for any use specified under (d) below as primary daytime uses may be supplied by the parking facilities provided by the following nighttime or Sunday uses; auditoriums incidental to all public or parochial schools, churches, bowling alleys, dance halls, theatres, bars, restaurants or similar uses as determined by the Planning Commission. Q. Up to eighty (80%) percent of the parking facilities required by this section for a church or for an auditorium incidental to a public or parochial school may be supplied by the off-street parking facilities provided by uses specified under (d) below as primary daytime uses as determined by the City Planning Commission. d. For the purpose of this section the following uses are considered as primar~ daytime uses: banks, business offices, retail stores, personil'services shops, household equipment or furniture shops, clothing, shoe repair or service shops, manufacturing, wholesale and similar uses as determined by the Planning Commission. ~. Conditions reauired for joint use: 1. The building or use .for which application is being made to utilize the off-street parking facilities provided by another building or use shall be located within three hundred (300') feet of such parking facilities. 2. The applicant shall show that there is no substantial conflict in the principal operating hours of the two (2) buildings or uses for which joint use of off-street parking facilities is proposed. 3. A properly drawn legal instrument, executed by the parties concerned for joint use of off-street parking facilities, duly authorized as to form and manner of execution by the City Attorney, shall be filed and recorded in the Harris County Deed Records. e . ...-:::: Planning & Zoning Commission First Assembly of God July 28, 1987 Page 3 Analvsis ',,':;";\'. The church's proposed parking arrangements meet all applicable zoning requirements. At the time of this writing, they have not yet submitted their parking lease agreement. They have been advised that this agreement must be on file with with City prior to the Planning & Zoning Commission's public hearing. Recommendation Assuming the parking lease agreement has been filed by the public hearing date and conforms to the guidelines of Section 6-600(f), staff makes no objection to granting this Special Conditional Use permit. 10 DAP/nb e . P""::: - I NTER-OFFI CE-HEI10 CITY OF LA PORTE SEPTEMBER 3, 1987 FROJvl: Mayor and City Council Doug Latimer~"1 tairman, Planning & Zoning Commission TO: SUBJECT: Special Conditional Use Permit For First Assembly Of God Church; 316 East Fairmont Parkway; Block 1112; Lots 6-11; Block ll13;Lots 1-4; La Porte. The First Assembly of God Church has applied for a Special Conditional Use permit for joint parking., The Church is planning an expansion and they do not have adequate on-site parking to meet the requirements of the City's Zoning Ordinance. To overcome this problem, the church has entered into a joint parking agreement with the school district and is leasing a portion of the high school's parking lot. This lease has been reviewed and approved by the City Attorney's office. The Planning & Zoning Commission held a public hearing and considered First Assembly's request during our August 20, 1987 meeting. He find this request to me~t. all requirements of the City's Zoning Ordinance and recommend that the First Assembly Of God Church's request for a Special Conditional Use permit, to allow joint parking, be approved. DL/lb cc: Joel Albrecht, Director of Community Development David Paulissen, CBO/Zoning Administrator , ' " . . e JOINT PARKING AGREEMENT THE STATE OF TEXAS ~ ~ ~ KNOW ALL MEN BY THESE PRESENTS COUNTY OF HARRIS This Agreement, entered into on this the 18th day of August , 1987, by and between the La Porte Independent School District, with its principal office at 724 S. Broadway, La Porte, Harris County, Texas, hereinafter called "LESSOR" and the First Assembly of God Church of La Porte, located at 316 E. Fairmont Parkway, La Porte, Harris County, Texas, hereinafter called "LESSEE". WIT N E SSE T H: WHEREAS, LESSEE desires to expand its church facilities, on the currently existing lot of record~ and WHEREAS, said expansion will necessitate an increase in parking spaces attendant to said expanded church facility, as required by City of La Porte Ordinance #1501, hereinafter referred to as the Zoning Ordinance of the City of La Porte~ and WHEREAS, such increase in parking spaces is beyond the number of spaces LESSEE can provide on site to accomodate its expanded use~ and WHEREAS, said Zoning Ordinance allows, in Section 6-600, for off- si te parking and joint parking to be utilized to satis fy parking requirements on the conditional basis~ and WHEREAS, LESSOR and LESSEE have met and determined: a. That LESSEE's use of its facilities only saturates available on-site parking on Sunday mornings, Sunday nights, Wednesday nights, and various and infrequent other miscellaneous times~ b. That LESSOR's use of its parking facilities does not conflict with LESSEE's use of such parking facilities~ and c. That LESSOR is willing to allow LESSEE to use its facilities to satisfy LESSEE's parking needs for LESSEE's expansion, at the times indicated above. . . -2- NOW, THEREFORE, BE IT AGREED BETWEEN LESSOR AND LESSEE: That LESSOR leases to LESSEE its parking facilities at La Porte High School and the La Porte Independent School District Administration Annex, both located on or about 301 East Fairmont Parkway, La Porte, Harris County, Texas, for a term of forty (40) years from the date of execution hereof, unless otherwise cancelled as provided below. That LESSEE's use of LESSOR I S parking facilities shall occur primarily on: p.m. to 2:00 11:00 11:00 p.m.; c. Wednesday Nights from 8:00 5:00 6:00 a . m . to a. Sunday Mornings from b. Sunday Nights from p.m. to p.m.; p.m:; d. Such other and further reasonable times, as may be necessary for LESSEE, such that LESSEE may conduct special religous services in accordance with LESSEE'S yearly church calendar. Notwithstanding the above, LESSEE's use of LESSOR'S parking facility shall never interfere with LESSOR's use of said facilities during normal school hours. That LESSEE, in consideration of the premises, has paid LESSOR FORTY & NO/lOO ($40.00) DOLLARS, contemporaneous with the execution of this Lease, as rental for the full forty (40) year term. That nothing contained in this Lease shall ever be construed to prohibit LESSOR from selling or otherwise encumbering the leased parking facilities, subject only to this lease. That this Lease shall be cancellable by either party, without cause, upon one (1) year prior written notice from the cancelling party to the non-cancelling party, at the addresses listed above. Any changes in address by either party shall be reported to the other party, certified mail, return receipt requested, before becom- ing effective against said party. In the event of cancellation pursuant to this clause, remaining rental shall be rebated from LESSOR to LESSEE, pro-rata. . e -3- That LESSEE shall hold LESSOR harmless, and shall indemnify LESSOR from any loss or damage which may occur to LESSEE, or LESSEE's invi tees, while LESSEE or LESSEE's invi tees are utilizing LESSOR IS premises, pursuant to this contract. That this Contract is entered into pursuant to the. laws of the State of Texas, and it is to be interpreted and construed in accordance therewith. SIGNED in triplicate originals this the /ht day of tl.-J~.LA'"-I 1987, in La Porte, Harris County, Texas. LA PORTE INDEPENDENT SCHOOL DISTRICT By ATTEST: ~~~ APPROVAL: CHURCH OF By ...- ~ ATTEST: .... ~~ ~fdt OF , '. " I , e -4- THE STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ undersigned a day personally ~ - and , president presiden d Secretary of the La orte Ind School District School Board of Trustees, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed, and in the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the If:d day of August , A.D. 1987. ~~~ otary Public in and for the State of ~exas THE STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ JOYCE E. COOK ,I Notary Public In and for the Slate of , T..... My commission expires 07-31~1 \ ~ ! authori>> ~ on//, thi. s ~ pers_onally and ~~.; 4' ~ ..;f~ , Secretary of the F1rst Assembly of-God Church La Porte, nown to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they execu- ted the same for the purposes and consideration therein expressed, and in the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the/7~ day of August , A.D. 1987. I~ ,) " '1'//" , ,,\),'/,,:,'1/'): \ 1 )1' ''- 1 :,l',' /\ "<;," '1 iJ) : ( , , . \ ' \ .' J" ... !....' ~ I. ' I ' J \ ",:,:';')';':,',,\\' . "" " I /\1 'j \ . ) ,:; . . , REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: X Report 1987 Requested By: Steve Gillett rtment: Public Works Ordinance Exhibits: Recommendation by Purchasing Agent Bid Tabulation SUMMARY & RECOMMENDATION Sealed Bid #0201, for annual contract for purchase of Aggregate Surface Treatment materials for street maintenance and construction were received from two (2) vendors. The material is used in the reconstruction and sealcoat program (two course penetration) . Low bid received meeting specifications were as follows: PE-2 delivered - $24.18/ton - White's Mines PE-3 delivered - $24.l8/ton - White's Mines PE-4 delivered - $24.73/ton - White's Mines Dravo bid PB-2, PB-3 and PB-4 and is acceptable for a contingency contract. Action Required by Council: Award annual supply contract for aggregate surface treatment materials to White1s Mines with a contingency contract to Dravo. Availability of Funds: x General Fund Capital Improvement Other x Water/Wastewater General Revenue Sharing Account Number: Funds Available: X YES NO Approved for City Council Agenda QlW -~,-I Robert T. Herrera City Manager --nx1-- ( () ~ ?~l DA E " . e INTER-OFFICE MEMORANDUM September 1, 1987 TO: FROM: SUBJECT: Steve Gillett - Director of Pub Iff) ~orks Louis Rigby - Purchasing Manag~~~ Sealed Bid #0201- Aggregate Surface'Tr\atment Advertised, sealed bids #0201 for aggregate surface treatment were opened and read in City Council chambers on August 24, 1987. Bid requests were mailed to three suppliers with the following two returning bids: (1). Dravo Basic Materials and (2) White's Mines. Suppliers were asked to submit firm pricing on PE-2, PE-3, and PE-4 aggregate sur- face treatment. Low bid meeting specifications was from White's Mines and I recommend awarding the bid to them. Dravo bid PB-2, PB-3, and PB-4 and if this is acceptable we will sign a contingency contract with Dravo. Please submit your recommendation along with an agenda request form and all attach- ments by the prescribed time preceding the next regular Council meeting. If there is a need to delay bringing this bid Council, please notify me. xc: Orville Burgess Attachments: Bid Tabulations ~ \ \ e e Aggregate Surface Dravo White's Mines I \ \ \ I \ \ \ \ \ \ , \ \ \ \ \ \ \ i \ \ \ Last \ \ Year's \ \ \ \ \ i I Sealed Bid 110201 \ \ \ Treatmen\ \ \ \ \ \ I \ \ * I pF.-? P"1" 'l'nn ?? 00 10 'i'i 10,30 (1000 Ton~ 25.25 24..1:8 24.04 Rail Frt. oer ton or More PE-3 Per Ton 22.00 10.55 10.30 Rail (1000 Toy 25.25 24.18 24.04 Frt. Per Ton or More PE-4 Per Ton 22.00 11.10 10.85 Rail Frt. Per (1000 Ton~ 25.25 24.73 24.59 Ton or More *Dravo bid PB-2, PB-3, & P -4 .",' ~ ,. -,. " , e e REQUEST FOR CITY COUNCIL AGENDA ITEM Report 87 Agenda Date Requested: Requested By: Steve Gillett rtment: Public Works x Ordinance Exhibits: Recommendation by Purchasing Agent Bid Tabulation SUMMARY & RECOMMENDATION Sealed Bid #0204 for annual supply contract for reinforced concrete pipe were received from four (4) vendors. Low bid meeting specifications are as follows: Reinforced concrete pipe - Gifford Hill & Company Items A, C, D, and E - White Supply Items B, P, G, and H - Jerry McKinley Concrete Pipe Company Action Required by Council: Award annual supply contract to low bidders. Availability of Funds: x General Fund Capital Improvement Other Account Number: various Water/Wastewater X General Revenue Sharing Funds Available: X YES NO Approved for City Council Agenda Q~ \( ~ Robert T. Herrera City Manager q - \ \ -'0 l DATE ,~ e e . .' INTER-OFFICE MEMORANDUM September 4, 1987 TO: FROM: SUBJECT: Steve Gillett - Director of Public Works Louis Rigby - Purchasing Manag~~ Sealed Bids #0204- Reinforced concre~~ipe Advertised, sealed bids #0204 were opened and read in City Council chambers on August 24, 1987. Bid requests were mailed to six suppliers with the following four returning bids: (1) Jerry McKinley Concrete Pipe Co. (2) Interex, (3) Gifford Hill & Company, and (4) White Supply. Suppliers were asked to submit firm pricing on various diameter reinforced concrete pipe. Also included in the bid were various inlet saddles, catch basins, and concrete brick. Low bid meeting sepcifications on Section I - Reinforced Concrete Pipe was Gifford Hill & Company. Low bid meeting specification,8 on Section II was split between White Supply, items A,C,D,E and Jerry McKinley Concrete Pipe Co. Items B,F,G,H. I recommend awarding bid to low bidders listed above. Please submit your recommendation along with an agenda request form and all attachments by the prescribed time before the next regular City Council meeting. If there is a need to delay bringing this bid to Council please notify me. xc: Orville Burgess Attachments: Bid Tabulations .. \e \ \ Jerry \ McKinley \~oncrete ripe Co. \ \ \ I \ \ \ Interex \ I \ \ Gifford Hill & \ompany \ \ stKLED .BID 110204 ReINFORCED CONCRETE PIPE . \ \ I \ \ White Supply \ Las t Year \<Wh1t.e.. s) _, i \ , \ ; , \ ; Reinforced Concrete Pipe 12" RCP 4.64 NB 4.42 4.50 4.25 - 15" RCP 5.24 NB 5.01 5.10 4.78 18" RCP 5.99 NB 5.72 5.90 5.46 ",-' " 24" RCP 8.99 NB 8.61 8.90 8.23 - 30" RCP NB NB 12.32 12.90 11.75 , ;t...... II- -~",., -.. 36" RCP NB NB 17.78 18.55'-- 16.90 " '. 48" RCP NB NB 31. 25 32.60 ., 29.70 60" RCP NB NB 49.70 52.80 47.33 Bricks NB - .25 .25 Concrete NB NB . Mastic Pipe Compound 16.00 NB 16.00 20.00 18.00 ., .' Inlet Saddle 15" 40.65 NB 42.50 .. 40.00 "40.00 -"" .. Inlet Saddle 18" 40.65 NB 42.50 40.00 .' "'40.00 - .~.. ' ~ Inlet Saddle 24" 40.65 NB 42.50 40.00 40.00 .,<< ' .' Catch Basin 18" x 18" 175.00 NB NB 19().OO - 190.00 .- - Catch 24" x 24" 210.00 *118.00 NB 230.00 230.00 -, J- - Grat"~-CaRt" Iron-24" 84.00 *195.00 42.50 108.00 108.00 * Not Per Specification '. :,:. ::...,/'-.. , '.' .' '<<::'f:",'., ... -.------ e e REQUEST FOR CITY COUNCIL AGENDA ITEM x Report Resolution Public Works Ordinance Requested By: Steve Exhibits: Recommendation by Purchasing Agent Bid Tabulation SUMMARY & RECOMMENDATION Sealed Bid #0203, for annual contract for purchase of hot mix asphaltic concrete pavement (Mod D) and hot mix-cold laid asphaltic concrete pavement were received from two (2) vendors. Low bid meeting specifications on the Hot Mix (Mod D) was Parker Brothers at $23.30 delivered and $19.00 picked up. Dravo was the only bid received on the hot mix-cold laid material at $30.25 delivered and $28.00 picked up. Action Required by Council: Award annual contract for asphaltic concrete pavement (Mod D) to Parker Brothers with a contingency contract to Dravo. Award annual contract for hot mix-cold laid to Dravo. Availability of Funds: x x Water/Wastewater General Revenue Sharing General Fund Capital Improvement Other Account Number: various Funds Available: x YES NO APQ!1r c;: Robert T. Herrera City Manager Council Agenda ~ Oi -t!t ~\ DATE " e e INTER-OFFICE MEMORANDUM September 1, 1987 TO: Steve Gillett - Director of PUb~~h)W?rks FROM: Louis Rigby - Purchasing Manage~~ SUBJECT - Sealed Bid #0203- Hot Mix Asphaltic, bdld Laid Asphaltic Advertised, sealed bids #0203 for hot mix asphaltic concrete pavement (Mod Dl and hot mix- cold laid asphaltic concrete pavement were opened and read in City Council chambers on August 24, 1987. Bid requests were mailed to three suppliers with the following two returning bids: (1). Dravo Basic Materials and (2) Parker Brothers. Suppliers were asked to submit firm pricing on hot mix picked up and delivered, and hot mix-cold laid picked up and delivered. Low bid meeting specifications on the hot mix (Mod D) was Parker Brothers for $23.30 delivered and $19.00 picked up. The only bid received for hot mix cold laid was from Dravo for $30.25 delivered and $28.00 picked up. I recommend that the bid for hot mix (Mod D) be awarded to Parker Brothers with a contingency contract to Dravo. I recommend the hot mix-cold laid contract be awarded to Dravo. Please submit your recommendation along with an agenda request form and all attachments by the prescribed time preceding the next regular Council meeting. If there is an need to delay bringing this bid to Council, please notify me. xc: Orville Burgess Attachments: Bid Tabulations .. e Sea'led Bid 110203 Hot Mix Aaphaltic \ \ \ \ , Dravo \ \ Parker \ \ 0 \~" \ Brothers \ \ \ , \ \ e 1 \ \ \ \ \ \ Last \ \ \ I \ Year I \ \ \ \ \ \ , , ; . , ; Hot Mix Asohaltic Concrete Pavement Mod D Delivered (Tons) 24.35 23.30 ?~ Q'\ - . Picked Uo (Tons) 20.50 lQ,OO ?n nn ~ , . Hot Mix-Cold Laid Asohaltic Cold Mix Delivered (Tons 30.25 NB ~O.?'\ n_~.._ Picked U1> (Tons) 28.00 NB 2R.OO e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Requested By: steve Gillett 7 Public Works x Report Resolution Ordinance Exhibits: Recommendation by Purchasing Agent Bid Tabulation Sheet SUMMARY & RECOMMENDATION Sealed Bid #0207, for annual contract for purchase of lime slurry for street maintenance and contruction were received from two (2) vendors. Low bid meeting specifications was received from Chemlime Corporation for $70.50 per ton. Action Required by Council: Award annual contract for lime slurry to Chemlime Corporation. Availability of Funds: x x Water/Wastewater General Revenue Sharing General Fund Capital Improvement Other Account Number: various Funds Available: X YES NO Approved for City Council Agenda GM T\ ~ Robert T. Herrera City Manager ct -~- ~l DATE r ~\ e e INTER-OFFICE MEMORANDUM September 1,1987 TO: FROM: SUBJECT: Steve Gillett - Director of Public Works Louis Rigby - Purchasing Manag~~~ Sealed Bid #0207 - Lime Slurry (J Advertised, sealed bids #0207 for lime slurry were opened and read in City Council chambers on August 24, 1987. Bid requests were mailed to four suppliers with the iollowing two returning bids: (1) Chemlime Corporation and (2) Limeco Inc. Suppliers were asked to submit firm pricing on delivered lime slurry. Low bid meeting specifications was from Chemlime Corporation for $10.50 per ton. Since Chemlime's bid was $14.50 lower that the other bid I recommend awarding the bid to Chemlime. Please submit your recommendation along with an agenda request form and all attach- ments by the prescribed time preceding the next regular Council meeting. If there is a need to delay bringing the bid to Council, please notify me. xc: Orville Burgess Attachments: Bid Tabulations '~ \.' e e \ \ \ \ Sealed Bid 110207 \ \ \ \ \ \ I I \ \ \ \ Chemlime \ I Limeco \ \ I \ \ \ \ \ \ \ \ I \ \ Last Year's , i \ Lime Slurry Delivered (Ton) 70.50 85.00 68.50 , ----- \ \ \ ; \ \ \ \ \ \ \ \ i i \ \ Lime Slurry e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 14, 1987 . Public Works Requested By: Steve Gillett x Report Resolution Ordinance Exhibits: Recap of Sealed Bid No. 0205 SUMMARY & RECOMMENDATION Sealed bids for PVC pipe and fittings, gate valves and fire hydrants on yearly contract basis. Materials were divided into sections with bid awards to be based on low bid meeting specifications in each section. Recommended bid awards by section are as follows: Section I-A. B. PVC pipe - Utility Supply PVC fittings - Items 1-38 Utility Supply Items 39-43 Municipal Pipe & Fab Section II-A. B. Cast Iron Fittings - Janco Gate Valves - Janco Section III - Fire Hydrant - Items 1-8 Municipal Pipe & Fab Section IV - Miscellaneous - Utility Supply Action Required by Council: Award bids to low bid meeting specifications as outlined above. Availability of Funds: x General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: 001-607-607-115 Funds Available: X- YES NO Approved for City Council Agenda Q~ I, J1.~ Robert T. Herrera City Manager g-l\ -~\ DATE - e e INTER-OFFICE ~~ORANDUM September 4, 1987 TO: FROM: SUBJECT: Steve Gillett - Director of Public Works Louis Rigby - Purchasing Manag~~ Sealed Bids #0205 - PVC Fittings, Gate ~alves and Fire Hydrants Advertised, sealed bids #0205 for PVC pipe and fittings, gate valves, and fire hydrants were opened and read in City Council chambers on August 24, 1987. Bid requests were mailed to seven suppliers with the following ~ive ret~r.ning bids: (1) The Rohan Company, (2) Aqua Utility Supply, (3) Janco (4) Municipal Pipe and Fab., and (5) Utility Supply. Materials were divided into sections wi~h, b;1.d.awa~dstto;J1>eJRM~dA)n;lQw;)!ltd,meet~ng specifications in each section. :1 recommend -b'idawards b.y "4!ctiC:>A are..~ Jo~lows; Section I - A. PVC Pipe - Utility Supply B. PVC Fittings - Items 1-38 Utility Supply Items 39-43 Municipal Pipe and Fab. Section II -A. Cast Iron Fittings - Janco B. Gate Valves - Janco Section 111- Fire Hydrant - Items 1-8 Municipal Pipe and Fab. Section IV - Miscellaneous- Utility Supply Please submit your recommendation along with an agenda request form and all attach- ments by the prescribed time before the next regular City Councilmeet1ng. If there is a need to delay bringing this bid to Council, please notify me. xc: Buddy Jacobs - Water & Wastewater Superintendent Attachment: Bid Tabulations Sealed' Bid 10205 \ PVC Pipe Fittings. Gate Valves and Fire Hydrants e The Rohan Company SECTION I: PVC PIPE & FI~TING A. PVC PIPE 1. 2" SDR-21 (1000') .39 2. 4" SDR-35 (500') .68 3.4" SCH-40 (2000') 1.33 4. 4" C-900 (j500') 5. 6" SDR-'35 (1000') 6. 6" C-900 (2000') , 7. 8" SDR-35 (4000') 8. 8" C-900 (500') B. PVC FITTINGS 1. 3/4" Male Adaptor (6) '1. 79 1.'46 3.26 2.58 5.66 .10 Aqua Utility Supply .32 .58 1.24 1.60 1.25 2.93 2.26 5.06 .10 . " 2. 3/4" -Female Adaptor (1n .14 .12 .2() - 45 3. 3/4" 450-900 sch 40 (12) ....-, 'fY'::;::On' .......122 4. 2" 900 Sch 40 (12) 5. 4" 900 Sch 80 (12) 6. 4" 900 Sch 40 (60) 7. 6" 900 Sch 40 (12) 8. 2" 900 DWV (12) 9. 4" 900 DWV (60) O. 6" 900 DWV (6) 1. 2" 450 Sch 40 (12) 2. 4" 450 Sch 40 (90) 3. 6" 450 Sch 40 (12) ..':":.. .-l4o........ .60 5.05 .;- 3.95 . 12.55 .:35 2.20 13.10 .71 , I 5.15 . :' " . ~ 12.70 . .e.... i .53' . ~ '. 4.50 3.42 10.89 .39 2.10 ; . -, 12.58 .54 3.88 . 9.58 Janco NB NR NB NB NB NB NB , 'NB NB NB NB NB e NB NB NB NB NB NB NB NB NB '1 ~ ..ti".-' ..t.... Municipal Pipe & Fab 1. 61 1.85' 1.50 3.50 2.70 6.40 4.94 .46 .68 .09 .13 24 .58 Utility Supply .34 .57 1.06 1. 50 1.17 2.74 2.28 4.75 .09 .12 ?1 .51 5.01 3.86 '1 3.35 12.29 10.67 '2.24 13.59 5.04 12.45 .32 .68 .26 1. 84 11.12 .59 4.37 10.79 I Last Year , ,--- L . 26m _1-.~; 1_.~. 88 1.12 .96 2.18 - '. J].70 3.1.3 1_. il~ .12 ~14 1_-_ .55 .5J_ 3.47 11.03 .39 2.26 14.48 '1'.63 ~.-52 ]A!? ~.'.'" , .....:1. - -. e e \ "' The Aqua Jancoq ,,', Municipal Utility Last Rohan Utility Pipe & Supply 'Year Company Supply ,- Fab PVC FI ( r.nn to ) ~ . 2" 450 OW (6) .35 .32 NB .35 .28 .39 .... . , . 4" 450 ow (60) 1.60 1.52 NB 1.63 1.34 1.65 -...---- '. 6" 450 OW ( 6) 12.00 11.52 NB 12.45 10.20 13.20 -- Dresser C)lg. 1.15 1.35 NB 1.35 7.33 1. 21 . 3/4" Sch 40 (48 ---- I" Sch 40 Dresser Cplg. 1.46 1. 75 NB 1. 78 7.57 . 1.54 . (24) Sch 40 . 2" x 2" 3/4" Tee (24) An .72 NB .78 .64 .70 Sch 40 '~..... iZ '__.,....,... '" ' .'..... .~.,--..- ,. " ,~ . '~;, . 2" x 2" x 1" Tee (6} .80 .72 NB .88 .64 ,- .70 Sch 40 . , - . 2" x 2" x 2" Tee (24) ,75 ;.68 NB .72 .62 .66 S&" 40 . .. _-'r--.. ....--. '~"1"~ .... . ' . ' . . ,..-- .- 4" 4" (60) S.85 I 5.3,Q 5.73 4.97 . 5.155 . x x Tee .NB ., .. ._. u- n, S II ~5' ,. '. . ,........ . .. ~.;' ~ -', .-. .. . 4" x 4" x & ee (24) ; -1 ':45 ,1.09.. NB 1.49 1.22 1.43 Sch 35 .' . '- ,..... ; ""..-:... ..,. ';'.l~j;_\'..~: ..'..., ... -, "'",4 "'0\01,", ....... ... 6" x 6" 1/4" Tee (24) 10, 6fi , 34.6i.... , NB 5.85 4.79 17.34 Sch 40 " , '. " r~"~" 10'.."... ,_. 6" x 6" x 6" Tee (12) 19.70 , 17 . 86., : NB 19.34 16.77 17.34 , Sch, 35 .. ,..., .......'.~.... ..., ~ ""'t... f..., . ---- ... ,..... '" T 6" x 6" x 4" Tee (24) 5,65 4,6,2. . NB 5.85 ~,4, 79 8.20 Sch 35 ..... -. . ' 'f.' ... -111 ,:", ~ .-.. .. .: \, . ..~ 6" x 6" x 6" Tee (12) 5.95- 4.92 NB 6.17 5.05 8.56 Sch 40 .' ., - 8" x 8" x 1/4" Tee (6) 17.35 ,41.41 NB 44.86 38.91 .. 40.19 '. ., Sch 40 .. 8" x 8" x 6" Tee (12) 66.35 41. 41 NB' , 68.99 38.91 40.19 40 - Sch 8" x 8" x 8" Tee (6) 45.71 41.41 NB 44.86 38.91 40.19 " -- Saddle Cla~~ .. 6" x 4" W/Band (200 6.15 6.96 NB 6.39 5.23 7.44 Saddle Clamp 8" x 4" I... . (C\n, 7.90 8.56 NB 8.19 6.70 10.38 10 x 4" Saddle C7i4~ ' , WI Band 10.35 10.35 NB . 10: 73 8:79 11. 68 12" x Saddle Cl(m~) 4" W/Band 1 11.10 11.15 NB 11. 53 9.44 12.38 10 x 6" Saddle Clamp 13.83 14.33 11.74 11. 22 tJ/'R....~ (t:.,' 13.80 NB 6"Saddle Cl(6~ I ~ 12" x WI Band 6 14.50 14.53 NB 15.06 .12.34 13.24 .. . Saddle Clamp , '- ~.12 15" x 6" wI Band (6) :119,. 20 19.27 NB 19.98 16.36 , ,. , I~ 7. ()'l Saddle Clam~ '- 15 x 4" tJl 'R....~ (1? \ 15.01 11).0'1 NR d'l.61 12.7Q ,., :~2 .J~2 B :~~Q.:~3 I .99 NB ~L-36 u I 3.90 NB ~)5 ~2'() I J 1 42. 44 11~.J)0_ I. 57.59 ~_5~ f81h:9-1' L 80._27 I 66.00 I 61. ~L 1 I84~r~2 "'- J~_~8~.01~~ I 70.00 I 66. 971102.81n"'~l~~ 92. 99 1-7~.00_ 89.27_ur1~~.-06-' \123.51-ti02.00 . ~_6A____I~_:;.~3~ 1130.99 _ -ll08_nn I~o~~ I 23.291--15.'~4 -l--13.04 ~8~9~_~ 5.85 J, 5.;8 -;;;;- ---l 19. 70 Tl~~~~ I 5.00 L8. 9~_J 5. 85 1-5.~;~ u 1 32. 6~ __ ._ '/50. 17 _--r-~~. 53' ~_L3'7".OO ~1~ __ -'~~ =l--62.;~ - 1 54.00 1~3. 74 G-7.85 _=r.-;8.6~ - T72.50 10.89 .l14.24" '.~~~.36 m~rl1.45 - ~"'t' ,. V~lve Box Lid to Match (2 ) ,7.25 6.00 5.00 -- .. ...... . --r 1.24 " .. x 36" VAlve Box (48)' ,23.75 25.00 20.00 e \ PVC FITTINGS (Cont.) . 2" 1/16 Bend Seh 40 (6) . 4" 1/6 Bend Seh 40 (60) . 6" 1/16 Bend Seh 40 (12) N . 4!' 1/16 Bend Seh 35 (6) 1.31 . 6" 1/16 Bend Seh 35 (6) '5.00 MJ Due tile ection II. Cast Iron F~tti g Iron Short od . Fittings I I , 4" x 4" 450 C. I.M.J. (6) 33.70 48.96 . 6"'x 6" 450 C. I.M.J. (6) 46.95 , 8" x 8" 450 C. I.M.J. (6) 65.35 6" x 6" x 4" Tee ClMJ 'C6J 68.56 \ ~~; x~'" :\'~"Tee ClMJ cfnl-7~.;O~--1 66.50 92.86 98.50 107.38 8" x 8" x 6" Tee CIMJ 151. 76 20.00 , 99-~.71 143.14 " 1 8" x 8" x 8" Tee CIMJ 104.55 16.90 18 x 24 Valve Box (48) '. Valve Box Lid Match (24) I 4" MJ 900 (6) I . 6" MJ 900 (6) r . 8" MJ 900 (6) . ~ - '1 36.46 - "~""1 < . 50.85' _;c..c~"I'~ 1 .7.25 6.00 52.39 72.64 102.20 74.20 . . 4" Eleen Clamp (12) 12.85 10.50 r 6" Eleen ci~mp (ii)' \ .-.~-, 14.20 11.59 11.57 r e Last Year I __1_ ,. J~3 NB 1-2..86 NB -~r::~- 1. 11 .-G~05- -.4. 2 6 I~.c!~_ NB 30.54 ,',4iJ 4:13,8 41.47 I fJ'J. :.67 , 57.91 e e - } . . , The Aqua Janco Municipal Utility Last Rohan .. Pipe & Supply Year Utility Company Supply Fab : lee tion II (Cont) I. 8" Eleen Clamn(12) 14.50 11. 86 12.73 16.25 11.70 13.40 .- I. 10" Eleen Clamn (12' 15.55 12.72 13.81 17.42 12.54 14.53 I. 12" Eleen Clamp (12) 18.55 15.16 16.98 20..88 14.96 17.87 . . -- -- ) . 6" x 7" M.J Solid (6) , 38. 40 44.20 33.04 46.04 43.72 37.00 ' Sleeve (6) -- . 6" x 12.5" M,T ~nH,4 C!1_ 'u_ 45.85 55.08 40.26 57.13 54.38 45.80 .. . . - . 8" x 7" M.J ~n H,4 ~~) 51. 55 55.58 42.61 59.78 56.91 48.50 (60 . 8" x 12.5 M.J Solid'Slee'e 59.11 68.00 53.28 73.37 69.82 60.50 . 4" C.1. CLeanout Shoe (121) 37.66 15.00 28.00 30.00 36.00 26.09 . 4" M.J PluR (6) 8.40 9.95 8.45 12.96 12.30 9.50 . 6" M.J PLuR (6) 13.05 15.47 11.33 17.39 16.59 12.80 _. 8" M.J Pluo '(4) 18.56 22.05 18.92 29.04 27.63 21. 00 Gate Valve' -: "< ,. .. . (6) .. 1 2" C.I. SerewA,4 r.JJ"A Vill. a 79.26 77 .20 64.80 73.60 74.30 66.00 (24 '~. 2" C.I. ,,':,' M.J Gate Valve; , . .., 89.50 94~00 79.68 78.28 86.81' 81. 00 --- 4" C.I.HJ Gate Valve (6' , ,146.76 148.00 130. 08 136.52 , 142.15 132.00 , ' . - . - 1168.00 6" C.I. M.J Gate Valve (6' 189.20 184.00 168.00 178.08 184.01 .' '4 ; . t'." . .. .- .-. .... . 8" C.1. 'MJ 'Gatevaive:'(6i .~i ' .. 295.57 295.00 261. 60 278.99 ~286. 28: , 261.00 .. " ~t1on III - Fire Hydrant , . . . . , , :ller Centurion, Mueller "i,c' :' ',c". " -- Imptioved, and,Am.eriean ,-. ; It. .. ,', ,. \ -, '2-D only approved Hydrant ~' " . , '",' ,',' .'.... ,7 . ' ""'" ',' ,'" , "'-'.;.~...~~;:::..,,>. :. , '. T" \, I I -..- -- . . e e - \ ~ I ~ . - The Aqua Janco Municipa~ Utility Last . ,,-. Supply - Rohan Utility Pipe & Year Company Supply Fab ection III: Fire Hydrants . 3' Bury Fire Hvdrant (6 463.50 NB NB 458.25 473.79 501. 87 .... , I . 3~' Bury Fire Hydrant(2 474.50 NB NB 466.56 485.17 513.93 - -- ---- . 4' Burv Fire H . (f..' 485.50 NB NB 474.88 496.62 526.03 . 5' Bury Fire Hydrant (6' 507.50 NB NB 491. 50 - 519.35 I 550.14 6" Extension Kit (6) 113.36 NB NB 111.73 106.92 124.90 .12" Extension Kit (6) , 137.10 NB NB 135. 11 125.22 146.28 " _. ,18" EJCtensi,on Kit (6) 150.30 NB ,NB 148.10 142.47 166.43 r , - -- Repair Kit-Breakway-(12) 50.75 NB NB 59.11 47.30 55.01 :CTION IV: . Tall'n"'" -Ii ~al ('~) 16.75 NB NB 20.70 15.44 15.00 . 1 nriceR FOR n . Jobsit"". , , (tension on lantities not: . - - , : .. ... , - " r I - . ., . . . REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Se tember 1 epartment: Public Works Requested By: steve Gillett x Report Resolution Ordinance Exhibits: Recommendation by Purchasing Agent Bid Tabulation SUMMARY & RECOMMENDATION Sealed Bid #0206, for annual contract for Flexible Base (crushed stone) for street maintenance and construction were received from four (4) vendors. Flexible base is used for street repair, driveway replacement, and small areas of street reconstruction. The bid invitation requires that the material meet Texas Highway Department Specification_Item 248. Low bid, submitted by Gulf States, is for an alternate material, fly ash stabilized calciumsulfate, and does not meet Highway Department specifications. Alternate base materials will be bid in the spring of 1988, and the City will carefully evaluate all materials for suitability as a road base. However, crushed limestone (flexible base) is essential to the above maintenance programs, excluding reconstruction, and it is recommended that the bid from Gulf states be disallowed as not meeting specifications. Low bid meeting specifications with material being picked up was Parker Brothers at $8.50 per ton. Low bid meeting specifications with material being delivered was Southwest Limestone at $10.89 per ton. Due to the quantities used and delivered of this material, the overall low bid was Southwest Limestone. Action Required by Council: Award annual contract for purchase of Flexible Base (crushed stone) to Southwest Limestone at $10.89 per ton, with a contingency contract to Parker Brothers. Availability of Funds: x General Fund Capital Improvement Other x Water/Wastewater General Revenue Sharing Account Number: various Funds Available: X YES NO Approved for City Council Agenda ~l,~ Robert T. Herrera City Manager ~ll~t DAT e e INTER-OFFICE MEMORANDUM September 1, 1987 TO: FROM: SUBJECT: Steve Gillett - Director of PU~l wors::s Louis Rigby - Purchasing Manage Sealed Bid #0206 - Flexible Ba (C~us d Stone) Advertised, s~aled bids #0206 for Flexible Base were opened and read in the City Council chambers on August 24, 1987. Bid requests were mailed to six suppliers with the, following four returning bids: (1) Texas Crushed Stone Co., (2) Gulf State Materials, (3) Southwest Limestone, and (4) Parker Brothers. Suppliers were asked to submit firm pricing on flexible base (crushed stone) delivered and picked up. Low hid submitted was from Gulf States. However, they bid fly ash stabilized calcuim sulfate. Low bid meeting specifications was submitted by Parker Brothers (picked up ) and Southwest Limestone (delivered). Due to quantities delivered, Southwest Limestone is overall low bid. I recommend awarding bid to Southwest Limestone with a contingency contract to Parker Brothers. Please submit your recommendation along with an agenda request form and all attachments by the prescribed time preceding the next regular Council meeting. If there is a need to delay bringing this to Council, please notify me. xc: Orville Burgess Attachments: Bid Tabulations , , o o -<> \ \ '" Se<'Hed Bid 110206 Flexible Base (Crushed \ \ Ston~\ \ \ \ \ Texas Crushed Stone Co. \ i \ \ Gulf \ Southwest I States \ Limestone I Materials \ * \ \ \ \ \ \ \ \ '\ \ \ Parker \ Brothers \ \ Last Year's \ \ , i Flexible Base Price Per Ton Picked Up 9.00 7.50 8,75 8.50 8.40 Price Per Ton Delivered 11.40 9.25 10.89 11.45 10.89 Prompt Pay Discount 0 0 0 0 *GS-100/15S(Fly Ash Stabili ed, Calcium': Sulfat~) \ \ . e CITY OF LA PORTE INTER-OFFICE MEMORANDUM TO: Mayor Norman Malone & Members of City Council DATE: September 14, 1987 FROM: Robe~~. HLrr~a, City Manager \.jC0-\}W\. \. ~ SUBJECT: Audit Committee At tonight's Council Meeting during Executive Session, Council will be discussing the make up of an audit committee. An audit committee of the City Council would provide an efficient mechanism for the City Council's involvement in accounting and auditing policy considerations. The audit committee should consist of three (3) City Council members. The scope of the responsibilities of the Audit Committee are listed below. a) Select independent engagement letter. auditor and review auditor's b) Review the independent auditor's overall audit plan (scope, purpose, and general audit procedures). c) Review the results of the auditor examination. Consider matters that the auditor believes should be brought to the attention of the City Council members with the City Manager. d) Review the independent auditor's evaluation of the City's internal control systems. e) Review the City's accounting, financial, and operating controls. f) Review the City policies concerning compliance with federal, state and local laws. g) Review the impact of new or proposed pronouncements by the accounting profession or regulatory bodies. h) Review the City's insurance program. i) Review and discuss the independent auditor's management letter with the City Manager. The committee will assume more responsibilities as additional tasks are identified. RTH/jb