HomeMy WebLinkAbout1989-03-13 Public Hearing and Regular MeetingMINUTES OF THE PUBLIC HEARING AND REGULAR MEETING
OF THE LA PORTE CITY COUNCIL
MARCH 13, 1989
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, Mike Cooper, Alton Porter, Mike
Shipp, B. Don Skelton
Members of City Council Absent: Councilpersons Ed Matuszak,
Deotis Gay, Jerry Clarke
Members of City Staff Present: City Manager Bob Herrera, City
Attorney Knox Askins, City Secretary Cherie Black, Assistant
to the City Manager Janie Bais, Director of Community
Development Joel Albrecht, Police Chief Charles Smith,
Director of Finance Jeff Litchfield, Chief Building Inspector
Ervin Griffith
Others Present: Planning & Zoning Commission Chairman Janet
Graves; Libby Brown, LPISD art director; DeMolay
representatives Richard Flinchum, Jesse Plummer, Scott
Plummer, Lance Goodright, Keith Gacdchens, Shawn Hickey; Brent
Ryan and Ken Ramirez; John Black, Bayshore Sun; 8 citizens
2. The invocation was given by Mayor Malone.
3. Council considered approving the minutes of the regular
meeting of Council held February 27, 1989.
Motion was made by Councilperson Waters to approve the minutes
of February 27 as presented. Second by Councilperson Cooper.
The motion carried, 6 ayes and 0 nays.
Ayes: Councilpersons Waters, Cooper, Porter, Shipp, Skelton
and Mayor Malone
Nays: None
4. The Mayor proclaimed Youth Art Month and International DeMolay
Week.
5. The Mayor called to order the public hearing to consider
amendments to Article 3 and Article 10, Section 10-1000, of
the City of La Porte Zoning Ordinance, No. 1501.
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Public Hearing and Regular Meeting
La Porte City Council
March 13, 1989, Page 2
Joel Albrecht, Director of Community Development, reviewed the
amendments.
The Mayor called for public input. There was none.
Councilperson Skelton made an inquiry regarding the definition
of "public park", in reference to the word "railroad" being
included in the definition. He feels that this should be
clarified as to what "railroad" means. Mr. Albrecht indicated
that this item was not a part of the amendments, but he would
call the matter to the attention of the Planning & Zoning
Commission when they begin the entire zoning ordinance review.
Councilperson Shipp asked if staff could handle the
enforcement of these amendments without additional staff being
added. Mr. Albrecht replied that the present staff would be
able to handle enforcement of the ordinance.
Councilperson Cooper felt that 15 days was an excessive length
of time to allow political signs to remain after an election.
He felt 10 days was sufficient to remove political signs.
The Mayor read the recommendation of the Planning & Zoning
Commission, which was to approve the regulations by means of
passage of Ordinance 1501-H.
The Mayor adjourned the public hearing.
Janet Graves, Planning & Zoning Commission Chairman,
complimented City staff on the excellent work they had done in
getting the ordinance prepared and the displays they had done
to illustrate various aspects of the sign ordinance.
6. There were no citizens wishing to address Council.
7. Council considered an ordinance amending Article 3,
Definitions, and Article 10, Sign Regulations, of Ordinance
No. 1501, the City of La Porte Zoning Ordinance.
The City Attorney read: ORDINANCE 1501-H - AN ORDINANCE
AMENDING ARTICLE 3, DEFINITIONS, AND ARTICLE 10, SIGN
REGULATIONS, OF ORDINANCE NO. 1501, THE CITY OF LA PORTE
ZONING ORDINANCE; PROVIDING THAT ANY PERSON VIOLATING THE
TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A
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Minutes, Public Hearing
La Porte City Council
March 13, 1989, Page 3
and Regular Meeting
MISDEMEANOR AND SHALL UPON CONVICTION BE FINED A SUM OF NOT
MORE THAN ONE THOUSAND DOLLARS ($1,000.00) FOR EACH VIOLATION;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Waters to adopt Ordinance
1501-H with the corrections as recommended by Council. Second
by Councilperson Cooper. The motion carried, 5 ayes, 0 nays
and 1 abstain.
Ayes: Councilpersons Waters, Cooper, Porter, Shipp and Mayor
Malone
Nays: None
Abstain: Councilperson Skelton
8. Council considered an ordinance adopting revised City of La
Porte Electric Code.
The City Attorney read: ORDINANCE 1637 - AN ORDINANCE
ADOPTING A NEW ELECTRICAL CODE FOR THE CITY OF LA PORTE;
REPEALING ORDINANCE NO. 1254, TOGETHER WITH AMENDMENTS TO
ORDINANCE NO. 1254-A THROUGH B INCLUSIVE; AND PROVIDING FOR
THE ADOPTION OF THE 1987 VERSION OF THE NATIONAL ELECTRIC
CODE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAWS;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT ANY PERSON
VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE GUILTY OF A
MISDEMEANOR AND UPON CONVICTION THEREOF SHALL BE FINED IN ANY
SUM NOT MORE THAT TWO HUNDRED DOLLARS ($200.00) PER
OCCURRENCE; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Skelton to adopt Ordinance
1637 as read by the City Attorney. Second by Councilperson
Cooper. The motion carried, 4 ayes, 1 nay and 1 abstain.
Ayes: Councilpersons Waters, Cooper, Skelton and Mayor Malone
Nays: Councilperson Shipp
Abstain: Councilperson Porter
Before the vote was taken, Councilperson Shipp expressed his
opposition to General Provisions 1.02.
9. Council considered an ordinance approving a Dual Usage
Agreement between the City of La Porte and Harris County Flood
Control District.
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Minutes, Public Hearing
La Porte City Council
March 13, 1989, Page 4
and Regular Meeting
The City Attorney read: ORDINANCE 1638 - AN ORDINANCE
APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA
PORTE AND THE HARRIS COUNTY FLOOD CONTROL DISTRICT, FOR A
PUBLIC HIKE AND BIKE PATH; MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson to adopt Ordinance 1638 as
read by the City Attorney. Second by Councilperson Cooper.
The motion carried, 6 ayes and 0 nays.
Ayes: Councilpersons Waters, Cooper, Porter, Shipp, Skelton
and Mayor Malone
Nays: None
10. Council considered rejecting a bid for a 3/4-ton humane truck
and authorizing rebid.
Motion was made by Councilperson Waters to reject bid 0309 for
a 3/4-ton humane truck and authorize rebidding the item.
Second by Councilperson Cooper. The motion carried, 6 ayes
and 0 nays.
Ayes: Councilpersons Waters, Cooper, Porter, Shipp, Skelton
and Mayor Malone
Nays: None
11. There were no administrative reports.
12. Council Action: Councilpersons Waters, Shipp, Skelton and
Mayor Malone brought items to Council's attention.
Councilperson Waters requested staff investigate putting in a
bike path for residents in Meadowcrest to use to access North
West Park. They were promised this quite some time ago and we
need to fulfill this.
Councilperson Shipp requested staff to look into putting
support facilities so that the citizens of La Porte can access
our parks, golf course, etc., without having to drive there.
Mayor Malone read a letter from a citizen expressing her
appreciation for two EMS technicians who had helped her when
her fiance was taken to the hospital.
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Minutes, Public Hearing and Regular Meeting
La Porte City Council
March 13, 1989, Page 5
Council then considered items added to the agenda at 9:30 A.M.
on March 10, as follows:
1. Executive Session - V.A.T.S. - Article 6252-17, Section 2 (E),
(F), (G), (R) - (Legal, Land Acquisition, Personnel and
Conference(s) with City Employee(s) to Receive Information)
Discussion with Attorney regarding Houston Chemical Services,
Inc.
2. Consider ordinance establishing hazardous waste incinerator
siting requirements.
Council adjourned into executive session at 6:57 P.M. and
returned to the Council table at 8:23 P.M.
Council considered an ordinance establishing hazardous waste
incinerator siting requirements.
The City Attorney read: ORDINANCE 1634 - AN ORDINANCE
ESTABLISHING HAZARDOUS WASTE INCINERATOR SITING REQUIREMENTS;
PROVIDING ANY PERSON, FIRM OR CORPORATION WHO VIOLATES ANY
PROVISIONS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A
MISDEMEANOR, AND UPON CONVICTION SHALL BE FINED NOT MORE THAN
$200.00; PROVIDING CIVIL REMEDIES, PROVIDING FOR CONFLICT WITH
OTHER LAWS AND ORDINANCES; PROVIDING A SAVINGS CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING THAT THIS
ORDINANCE SHALL BE EFFECTIVE UPON ITS PASSAGE, APPROVAL, AND
PUBLICATION OF ITS CAPTION AS REQUIRED BY LAW.
Brent Ryan, Special Counsel for the City, pointed out several
revisions to the original draft of the ordinance in Section 2
A.(2) and 2 A.(3). Part of the first sentence in each of
those sections was changed to read: "No hazardous waste
incinerator facility which accepts for treatment, storage, or
disposal, hazardous waste generated off -site and which has..."
Councilperson Waters made the recommendation that thirty
million BTU per hour in Section 2 A.(2) be changed to fifty
million BTU per hour and the distance be changed from three
thousand feet to six thousand feet; and in Section 2 A.(3)
that one hundred million BTU per hour be changed to
seventy-five million BTU per hour and the distance be changed
from one mile to ten thousand feet.
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Minutes, Public Hearing and Regular Meeting
La Porte City Council
March 13, 1989, Page 6
Motion was made by Councilperson Waters to adopt Ordinance
1614 as corrected. Second by Councilperson Cooper. The
motion carried, 6 ayes and 0 nays.
Ayes: Councilpersons Waters, Cooper, Porter, Shipp, Skelton
and Mayor Malone
Nays: None
13. There being no further business to come before the Council,
the meeting was duly adjourned at 8:33 P.M.
Respectfully submitted:
Cherie Black, City Secretary
Passed & Approved this the
27t day of March, 1989
N L"an L. Malone, 1ayor
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Office Of the Mayor
C?
ry
Youth Ant Month ha6 been obaenved nattionaety
d.ince 1961 and It" gained wide acceptance; and
WHEREAS, chi,td%en ate out most pti.cetus a ze* t; and
WHEREAS, childhood is the time to devetop .inte ut6, .6kZ P.s, and
apti tudu that w.iU .tazt a t2i.6eti,me; and
WHEREAS, thrcough meaning6u.t aAt activctie,6, chitdnen deve.top
initiative, ive, d et 6- exptes,6 ion, cheat iv e abiZ ty, .6 et 6- eva lua t i.on, d i-s c i pt i.ne,
and a heightened appnec,c at ion o6 thei& enviu D nment; and
WHEREAS, the ,cmpontance o6 ant .in education cis tecogn.ized a6
being necesbaty Son the butt devetopment o6 aU ch.i tdnen.
NOW, THEREFORE, 1, NORMAN MALONE, MAYOR o s the City o6 La Porte,
do hereby ptoc.tarm the month o6 Match, 1989, a6
YOUTH ART MONTH
in the City oS La PoAte, and urge aU ci tizem to become .intene6ted in,
zuppoAt, and encourage aht pugnams ptuented .in .6chootz and youth
otganizat.ion6 .
IN WITNESS WHEREOF, 1 have hereunto aet my hand and caused the
_ -Seat o6 the City to be a66.ixed heaeto, this the 13th day o6 March, 1989.
CITY OF LA PORTE
o,lunan L. Matone, Mayo&
•
Off 0
ice of the Mayo4
C?
The OAdeA os DeMotay .is a chanacteA buU-ding
onga.ni.zati,on ob young men bnom xhvcteen to
twenty-one yeaA6 o6 age, who ate seeking to
pnepaAe them.6etves to become beaten citizens
and teaden6 bon tomoxtow by deveeopi.ng those
tAa i t6 o b chanacteA which have stAengthened
goad men o6 att ages; and
WHEREAS, the ongan.izat ion ha6 camied out the abonementconed
goa ,6 bon seventy yeaA6 thAough pnogAamz ob atkeet i.c competition, ti.on, .6ociat
activity, community .6envtce and chani table pnoject6; and
WHEREAS, the membee us ob La Porte DeMotay wi tt oba enve the yeah
o6 1989 a6 the 70th ann ivetsaty o b the OAdeA o6 DeMotay .6o 'as to exempt i 6y
to att citizens heAe and eveAywheAe thei t many activities and to tender
Aecogniti.on to theiA m.ittion6 ob Sen.ioA DeMo ay6.
NOW, THEREFORE, I, NORMAN MALONE, MAYOR o6 the City ob La Porte,
do hereby pnoc.Ca i.m Match 13 through 19, 1989, as
INTERNATIONAL DeMOLAY WEEK
and ca.0 upon our c tizen6 to join .in .6atuting the young men ob the OAdeA
o6 DeMotay, and in expne6.6.ing ouA gtatebut appaeci.ation ban tAe b.ine
exampte6 set by diem .in contributing to the wet Sate o S our community by
addne6,s.i.ng th.em.6etves to the buitd.ing as good chaAa.cteA among ouA youth,
theteby aiding .in .the development o6 teaden6 h.ip San tomoftow.
IN WITNESS WHEREOF, I have heAeunto aet my
hand and caused the Seat o6 the City to be
a6 b.ixed heAeto, this the 13th day o6 Match,
1989.
CITY OF LA PORTE
a)rman L.Ma-tone, Mayo,%
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Agenda Date Requested: March 13, 1989
Requested By: Joel Albrecht Department: Community Devel.
X Report Resolution X Ordinance
Exhibits:
1. Letter of transmittal from Planning & Zoning
Commission
2. Staff Report
3. Adoption Ordinance #1501 H and Sign Regulation Text
4. Exhibits to be posted in City Council Chambers
SUMMARY & RECOMMENDATION
Summary:
The attached proposed sign regulation amendments to Ordinance
#1501 were developed by the Planning & Zoning Commission working
in conjunction with City Staff and input given by concerned
citizens. Development of these proposals primarily took place
during three regular P & Z meetings held on December 15, 1988,
January 19, and February 2, 1989.
On February 23, 1989, the Commission held a public hearing
for the purpose of taking public comment regarding these
regulations. All comment received by the Commission was in
support of these proposals.
After the close of the public hearing, the Commission, by
unanimous vote, recommended City Council approve the proposed
regulations.
Recommendation:
Staff concurs with the Planning & Zoning Commission and
recommends approval of these regulations, by means of passage of
Ordinance #1501 H.
Action Required by Council:
1. Hold public hearing to take comment regarding proposed
sign regulations.
2. After close of public hearing, call for a vote to
consider passage of Ordinance #1501 H. Ordinance
passage will constitute approval of the proposed sign
regulations.
Availability of Funds: N/A
General Fund
Capital Improvement
Other
Account Number:
Water/Wastewater
General Revenue Sharing
Funds Available: YES NO
ADDroved for City Councila
3 X -E9
Robert T. Herrera DATE
City Manager
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STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Ordinance 1501, the City
of La Porte Zoning Ordinance, notice is hereby given that the La
Porte City Council will conduct a public hearing at 6:00 P.M. on
the 13th day of March, 1989, in the Council Chambers of the City
Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of
the Public Hearing is to consider amendments to Section 10-1000 of
City of La Porte Zoning Ordinance, No. 1501. Proposed amendments
will regulate size and placement of on -premise free-standing signs
and off -premise public service signs, placement and removal of
political signs; permitting and placement of portable signs;
removal of non -conforming portable signs, as well as incorporating
additional sign definitions into Ordinance 1501.
A regular meeting will be held following the public hearing
for the purpose of acting upon the public hearing item and conduct
other matters pertaining to the City Council.
Citizens wishing to address the Council pro or con during the
Public Hearing will be required to sign in before the meeting is
convened.
CITY OF LA PORTE
Cherie Black
City Secretary
CITY
PHONE (713) 471-5020
February 24, 1989
OF MA
• P. O. Box 1115
Honorable Mayor Norman Malone & City Council
City of La Porte
Dear Mayor Malone:
FORTE
a LA PORTE. TEXAS 77571
On February 23, 1989, the Planning & Zoning Commission, in
Public Hearing and regular session, considered proposed sign
regulation revisions to Section 10-1000 of the City of La Porte
Zoning Ordinance #1501.
After considering public input and staff's report, the
Commission by unanimous vote, recommended approval of these
regulations as proposed.
Sincerely,
anet Graves, Chairman
Planning & Zoning Commission
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Inter -Office Memorandum
TO: Mayor Norman Malone & City Council
FROM: Joel Albrecht, Director of Community Development
THROUGH: Robert Herrera, City Manager
SUBJECT: Proposed Sign Regulation Amendments to Section 10-1000
and Article III of City Zoning Ordinance 1501.
Attached is proposed sign regulation adoption Ordinance
1501-H, and a draft of the proposed regulations. These proposals
were developed during the course of the Planning & Zoning
Commission's December 15, 1988, January 19, and February 2, 1989
regular meetings.
The Commission further considered these proposals :during
their February 23, 1989, public hearing. At the close of this
hearing, the Commission, by unanimous vote, recommended City
Council approval of these regulations.
An outline of proposed ordinance provisions follows.
I. Adoption Ordinance Section 10 contains the intent and
purpose language adapted from the City of San Antonio
Sign Regulation Ordinance.
II. Article III contains the following new definitions:
A.
Freestanding Sign
B.
Political Sign
C.
Portable Sign
D.
Public Service Sign
E.
Reader Panel
III. Section 10-1001 deals with portable and political signs
A. Paragraph 1 deals with the removal of
non -conforming portable signs.
B. Paragraph 2 deals with anchoring requirements for
portable signs.
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Sign Report p.2
C. Paragraph 3 deals with requirements for electrical
illumination of portable signs.
D. Paragraph 4 regulates political signs.
IV. Section 10-1002 regulates the number of on -premise
freestanding signs which may be permitted for a given
business location.
A. Paragraph 1 limits the scope of regulation to
freestanding signs.
B. Paragraph 2 addresses multiple reader panels
mounted on a single sign base.
C. Paragraph 3 regulates the number of freestanding
advertising signs which may be permitted, for a
location based on street frontage.
D. Paragraph 4 deals with on -premise freestanding
signage for multi -tenant buildings.
E. Paragraph 5 deals with on -premise freestanding
signage for tracts containing more than one
building.
F. Paragraph 6 exempts on -premise directional signs
from the above regulations.
V. Section 10-1003 regulates the maximum allowable size of
signs according to class of sign and location.
VI. Section 10-1004 exempts certain signs from survey
requirements.
VII. Commercial and Industrial Use Tables A & B place the
regulations discussed above into the standard table
format used through out Ordinance #1501.
This sign regulation draft has been assembled by the City
Attorney's office and reviewed for compliance with Supreme Court
guidelines set forth in the case of Jay Lindsey dba Mac
Advertising Company vs. City of San Antonio. The regulations, as
proposed, appear to be in substantial compliance with these
guidelines, some consideration may however, be in order regarding
the placement of off -premise portable signs in Light and Heavy
Industrial zones. In order to more fully comply with court
guidelines, it may be advisable to extend the ban on off -premise
portable signs to these zones as well.
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ARTICLE THREE: DEFINITIONS
Section 3 - 100 Definitions
For the purpose of this Ordinance, certain terms and words are hereby
defined; terms not defined herein shall be construed in accordance with
adopted building codes or their customary usage and meaning.--..
Abutting: Having property or district lines in common, or two (2)
objects in immediate contact.
Access: Means of approaching or entering a property, includes a right
of passage to and from an adjacent street.
Accessory Use or Building: An "accessory use or building" is one
customarily a part thereof, which is clearly incidental and secondary to
permitted use and which does not change the character thereof, including
but not limited to garages, carports, bathhouses, greenhouses, tool
sheds, or swimming pools.
Accessory Structure: A detached, subordinate structure, the use of
which is clearly incidental and related to that of the principal
structure or use of the land, and which is located in the same lots as
that of the principal structure or use.
Alley: A public way which, when at least twenty feet (201) in width,
may be used for vehicular service access to the back or side of
properties otherwise abutting on a street or highway.
Apartment: See dwelling - multi -family.
Board of Adjustment: The Zoning Board of Adjustment of the City of La
Porte.
Boarding House: A building, built and/or used for residential purposes,
where meals for five (5) or more persons are served for compensation.
Buildable Area: Area of the building site left to be built upon after
the required yard area has been provided.
Building: A "building" is any structure built for the support, shelter,
or enclosure of persons, chattels or property of any kind and which is
affixed to the land.
Building Codes: All building regulations referred to as the Southern
Building Code Congress International (S.B.C.C.I) as amended from time to
time and adopted under the La Porte Code of Ordinances.
Building Inspector: As the term is used in this ordinance shall mean
the designated Chief Building Official of the City of La Porte, or his
designated representatives. Also see Enforcing Officer.
EXHIBUT
Na
Building Line: See setback line.
Building Permit: An instrument in writing signed by t-he building
inspector authorizing described construction on a particular lot. Refer
to the Southern Building Code Congress International (S.B.C.C.I.) for
additional information.
Business Frontage: The linear measurement of the side of the building
which contains the primary entrance of the building.
City: City of La Porte.
City Council: The words "City Council" shall mean the City Council of
the City of La Porte, Texas.
City Attorney: The City Attorney of the City of La Porte, Texas, or his
authorized representative. -
City Manager: That person holding the office of City Manager under the
terms of the La Porte Charter, or his authorized representative.
City Secretary: That person holding the office of City Secretary under
the terms of the La Porte Charter, or his authorized representative.
Clinic: An institution, public or private, or a station for the
examination and treatment of patients by an individual or group of
doctors, dentists, or other licensed members of a human health care
profession.
Controlled Access Highway: Any thoroughfare which is a high volume
freeway (without signalization on principal lanes) designed for four (4)
to eight (8) main lanes and four (4) service lanes with a right-of-way
(R.O.W.) capacity that allows two (2) to four (4) additional lanes.
Controlled Access Highway Corridor: A corridor extending five hundred
feet (5001) to either side of the right-of-way (R.O.W.) of a controlled
access highway as designated on the City of La Porte's Land Use Map.
jgOTES: The definition of Controlled Access Highway (with some
minor rephrasing) was taken from Volume One, Section 1.3
of the City's Comprehensive Plan.
Controlled Access Highway Corridors are established on the
City's Land Use Map and designated by a cross hatched
high -light. State Highway 225 and New State Highway 146
are the only thoroughfares within the City presently
designated as Controlled Access Highways.
Interim Sign Regulations: Signs located within a
Controlled Access Highway Corridors shall be limited to a
maximum height of sixty-five feet (65').
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Commercial Amusement or Recreation: An enterprise whose main purpose is
to provide the general public with an amusing or entertaining activity,
where tickets are sold or fees collected at the gates of t-he activity.
Commercial amusements include zoos, carnivals, expositions, miniature
golf courses, driving ranges, arcades, fairs, exhibitions, athletic
contests, rodeos, tent show, ferris wheels, children's rides, roller
coasters, skating rinks, ice rinks, traveling shows, bowling alleys,
pool parlors, and similar enterprises.
Commercial Amusement or Recreation - Adult: An enterprise whose main
purpose is to provide adults with an amusing or entertaining activity.
Such activity must be restricted to adults only, licensed in accordance
with other city ordinances, and may be only located in accordance with
the provisions of this Ordinance.
Commercial Motor Vehicle: Any motor vehicle designed or used for the
transportation of persons or property for hire, with a rated carrying
capacity in excess of one ton, including every vehicle use for delivery
purposes.
Commission: The Planning and Zoning Commission of the City of La Porte.
Common Property: A parcel or parcels of land, together with"the
improvements thereon, the use and enjoyment of which are shared by the
owners and occupants of the individual building sites.
Condominium: Two (2) or more dwelling units on a lot with individual
ownership of a unit rather than a specific parcel of real property;
together with common elements. See Section 81.001 et seq, Texas
Property Code, and S.B.C.C.I.
Conservation Area: A designation on the land use and zoning maps
representing an area of natural undeveloped land, characterized by
scenic attractiveness. When so designed, all conservation areas require
a minimum setback of twenty feet (201) from the edge of the stream or
bayou bank, right-of-way line, or other natural features.
Convalescent Home: Any structure used or occupied by three (3) or more
persons recovering from illness or receiving geriatric care for
compensation.
Corner Lot: A lot abutting upon two (2) or more existing or proposed
street right-of-ways at their intersections.
Curb: For purposes of this Ordinance, a restraint located upon the edge
of a parking lot, not necessarily continuous, that restrains automobiles
or other vehicles from access to an adjoining street, sidewalk, alley
way, adjacent property, or other adjoining use. As defined in this
Ordinance, the term "Curb" includes a generic precast concrete curb
stop.
Density: The measure of a degree to which land is filled with units
designed to accommodate a particular use as said use is set forth in
this Ordinance. Measurements allow inclusion of internal streets and
r '
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public ways required to be dedicated in calculating density per acre.
Streets dedicated, improved and accepted prior to platting or the
property shall not be counted.
Department: The Community Development Department of the City of La
Porte.
Developed Site Area: That area which is being developed as per
definition by Development Ordinance.
Development Ordinance: The City of La Porte Development Ordinance,
being Ordinance No. 1444, together with any amendments thereto.
Director: That person holding the position of Director of Community
Development for the City of La Porte or his designated representative.
District: A "district" is a zoning district which is a part of the City
wherein regulations of this Ordinance are uniform.
Dormitory: A space in a unit where group sleeping accommodations are
provided with or without meals for persons not members of the same
family group in one room or in a series of closely associated rooms
under joint occupancy and single management, as in college dormitories,
fraternity houses, military barracks, and ski lodges.
Duplex: A "duplex" is a building built for, occupied by, or intended
for the occupancy of two (2) families, and containing two (2) dwelling
units.
Dwelling: A dwelling is a building or portion thereof other than
manufactured housing or recreational vehicles, designed and used
exclusively for residential occupancy, including one -family dwellings,
two-family dwellings, and multiple -family dwellings, but not including
hotels, motels or lodging houses.
Dwelling, Attached: An "attached dwelling" is one which is joined to
another dwelling at one or more sides byparty wall or walls.
Dwelling, Detached: A "detached dwelling" is one which is entirely
surrounded by open space on the same building lot.
Dwelling, Single Family: A residential building, other than
manufactured housing or recreational vehicles designed for occupancy for
one (1) family only.
Dwelling, Multi -Family: A residential building designed for occupancy
of three (3) or more families, with the number of families not to exceed
the number of dwelling units.
Dwelling, Two Fami1 : Refer to Duplex.
Dwelling Unit: A single unit providing complete, independent living
facilities for one (1) or more person including permanent provisions for
living, sleeping, eating, cooking and sanitation.
Efficiency Apartment: An apartment without a bedroom separate from
other living quarters.
Enforcing Officer: The Chief Building Official of the City of La Porte
or his designated representative.
Family: A "family" is any number of related persons or, not more than
four (4) unrelated persons living as a single housekeeping unit.
Fence: A man-made structural barrier erected on or around a piece of
property or any portion thereof.
Floor Area: The sum total area of all floors as calculated from
measurements to the outside walls.
Foundation System: An assembly of materials constructed below, or
partially below -grade, not intended to be removed from its installation
site, which is designed to support the structure and engineered to
resist the imposition of exterior natural forces, as defined by the
Southern Standard Building Code. Such foundation system shall be
skirted or enclosed with wood, or masonry to give the appearance of a
solid foundation, if one is not provided, compatible with the appearance
of adjacent housing.
Freestanding Sign: An outdoor sign supported by uprights or braces
placed in or upon the ground, or mounted on a vehicle, trailer, or
mobile structure principally used for the purpose of advertising or
display of information. For the purpose of this ordinance, a portable
sign shall be considered to be a freestanding sign.
Garage, Private: A "private garage" is an accessory building designed
or used for the storage of motor vehicle owned and used by the occupants
of the building to which it is an accessory.
Garage, Public: A "public garage" is a building or portion thereof,
other than a private or storage garage, designed or used for servicing,
repairing, equipping, hiring, selling, or storing motor driven vehicles.
Glare: Emitted light which exceeds sixty (60) footcandles.
Grade: A referenced plane representing the average of finished ground
level adjoining the building and all exterior walls.
Grand Opening: The formal offering by a new business of its goods,
wares, merchandise, service, entertainment, or activity.
Greenway Corridor: A publicly owned system of trails and walkways,
patterned in the open space and pedestrian system plan, and is
designated on the land use map, park zone map, and zoning map of the
City of La Porte, that link existing and proposed neighborhood,
community, and regional parks with each other and other proposed
activity areas of the City. These trails and walkways, are in their
majority within existing right-of-way, but may be within proposed
right-of-way to be acquired by the City of La Porte. Greenway corridors
are a special use site, as said special use site is defined in the City
of La Porte Development Ordinance, Section 12.07.
-10-
Group Care Facilities: Residential facilities designed to provide a
transition from traditional treatment facilities to normal daily living
for special populations such as the mentally retarded;:. physically
handicapped, or substance users. These facilities include but are not
limited to half -way houses and group homes.
Height of Building: The vertical distance from grade to the highest
finished roof surface in the case of flat roofs, or to a point at the
average height of roofs having a pitch of more than 2.5/12; height of a
building in stories does not include basements and cellars, except as
specifically provided otherwise.
Hardship: A determination made by the Zoning Board of Adjustment in
hearing a variance request in accordance with Section 11-600 (f) of this
Ordinance.
Home Owners Association: An incorporated, nonprofit organization
operating under recorded land agreements through which (a) each lot
and/or homeowner in a planned unit or other described land area is
automatically a member, (b) each lot is automatically subject to charge
for a proportionate share of the expenses for the organization's
activities, such as maintaining a common property, and (c) the charge,
if unpaid, becomes a lien against the property.
Home Occupation: An occupation limited to custom production, repairing,
and servicing, conducted at a dwelling unit, provided it conforms to the
following definitions, and provided that said occupation does not
involve general retail sales:
a. No person other than members of the family residing in the
premises shall be engaged in such occupation;
b. The use of the dwelling unit for the home occupation shall be
clearly incidental and subordinate to its use for residential
purpose by its occupants, and not more than 25% of the floor
area of the dwelling unit shall be used in the conduct of the
home occupation;
c. _ There shall be no change in the outside appearance of the
building or premises, or other visible evidence of the conduct
of such home occupation other than one (1) sign, not exceeding
two (2) square feet in area, non -illuminated, and mounted flat
against the wall of the principal building;
d. No display, visible from the exterior of the dwelling shall be
connected with such home occupation;
e. There shall be no outside storage of any kind, including
vehicles or equipment connected with such home occupation;
f. No traffic shall be generated by such home occupation in greater
volumes than would normally be expected in a residential neigh-
borhood, and any need for parking generated by the conduct of
such home occupation shall be met off the street;
-11-
g. No equipment or process shall be used in such home occupation
which creates noise, vibration, glare, fumes, odors, or elec-
trical interference detectable to the normal sense off the
lot, if the occupation is conducted in a single-family resi-
dence. In the case of noise, the level shall not exceed 50%
of the values established in Section 7-501 1G. In the case
of electrical interference, no equipment or process shall be
used which creates visual or audible interference in any
radio or television receivers off the premises, or causes
fluctuations in the line voltage off the premise.
Hospital, Sanitarium, Nursing or Convalescent Homes: A building or
portion thereof, used or designed for the housing or treatment of sick,
aged, mentally. .ill, injured, convalescent or infirm persons; provided
that this definition shall not include rooms in any residential
dwelling, hotel, or apartment hotel ordinarily intended to be occupied
by said persons.
Identification Sign: Any sign which carries only the firm, business or
corporate name, the major enterprise on the premises, or the principal
products offered for sale on the premises.
Landscaped: Adorned or improved by contouring land and placing thereon
live flowers, shrubs, trees, grass, wood, stone, and ponds or streams.
Light Truck: Any truck (as defined in this article) with a limited
manufacturers rated carrying capacity. This definition is intended to
include those trucks with said rated carrying capacity being not in
excess of one (1) ton, panel delivery trucks and carryall trucks.
Loading Berth: A parking area provided for commercial motor vehicles,
designed for the receipt or distribution by said vehicles of materials
or merchandise to or from the use to which said parking area is
accessory.
Lot Area per Dwelling Unit: "Lot area per dwelling unit" is the lot
area required for each dwelling unit located on a building lot.
Lot Coverage: Area under roof on any given lot.
Lot, Corner: A
intersection. of tv
interior angle of
Lots Depth: "Lot
front lot line and
the lot boundary.
"corner lot" is a building lot situated at the
ro (2) existing or proposed street rights -of -way, the
such intersection not exceeding 135 degrees.
depth" is the mean horizontal distance between the
the rear lot line of the building lot measured within
Lot, Interior: An "interior lot" is a building lot other than a corner
lot.
Lot Line: A "lot line" is a boundary of a building lot.
Lot Line, Front: A "front lot line" is that boundary of a building lot
which is the line of an existing or dedicated street. Upon corner lots
either street line may be selected as the front lot line providing a
•
-12-
front and rear yard are provided adjacent and opposite, respectively to
the front lot line.
Lot Line, Side: A "side lot line" is any boundary of a building lot
which is not a front lot line or a rear lot line.
Lot Line, Rear: The "rear lot line" is that boundary of a building lot
which is most distant from and is, or is most nearly parallel to the
front lot line.
Lot of Record: A "lot of record" is an area of land designated as a lot
on a plat of a subdivision recorded pursuant to statutes of the State of
Texas with the County Clerk (of the County of Harris, Texas) or an area
of land held in single ownership described by metes and bounds upon a
deed recorded or registered with the County Clerk.
Lot, Single Family Dwelling, Special: Any residential lot for single
family dwelling purposes with an area of less than 6,000 square feet,
but greater than 4,500 square feet.
Lot, Through: A "through lot" is a building lot not a corner lot, both
the front and rear lot lines of which adjoin street lines. On a
"through lot" both street lines shall be deemed front lot lines.
Lot, Width: The "lot width" is the minimum distance measured in a
straight line between the side lot lines of a building lot along a
straight line, which shall be on the side of the building.
Manufactured Housing or Mobile Homes: A structure, transportable in one
(1) or more sections, which in the traveling mode is eight (8) body feet
or more in width or forty feet (401) in length, or, when erected on
site, is three hundred twenty (320) or more square feet in size and
which is built on a permanent chassis and designed to be used as a
dwelling with or without a foundation system when connected to the
required utilities, and includes the plumbing, heating, air
conditioning, and electrical systems contained therein. Such
manufactured housing may or may not be constructed under H.U.D.
specifications.
Manufactured Housing Parks: A development under single ownership
intended for the rental or leasing only of manufactured housing units.
Manufactured Housing Subdivision: A subdivision designed and/or
intended for the sale of lots for residential occupancy by manufactured
housing meeting H.U.D. specifications as established under the National
Manufactured Housing Construction and Safety Act.
Modular Building: A building, built to specifications of the Texas
Manufactured Housing Standards Act, and the Texas Department of Labor
and Standards (T.D.L.S.) Rules and Regulations designed to be placed on
a permanent foundation system consistent with the above requirements.
Said modular home or modular building must bear a T.D.L.S. decal
permanently affixed to each transportable section or modular component
of each modular building to indicate compliance with the State
standards. A modular home is not a mobile home as defined herein.
-13-
National Manufactured Housing Construction and Safety Act of 1974:
The Federal Act which governs the standards for construction, design,
and performance of manufactured homes or mobile homes built in the
United States since June 15, 1976 defined as homes meeting H.U.D.
specifications.
New Business: A project or undertaking which involves the use of any
property, building, or structure, permanent or temporary, for the
primary purpose of conducting in said building or structure or on said
property a legitimate commercial enterprise or other non-residential
use, in compliance with all ordinances and regulations of the City of La
Porte and when such project or undertaking is new to the premises.
Provided however, a change in ownership of at least fifty percent (50%)
of the ongoing project or undertaking shall constitute a new business,
for the purposes herein and, provided further, expansion of an existing
building or structure shall constitute a new business if such expansion
increases the size of the area devoted to primary use, in building floor
square footage, by not less than fifty percent (50%).
Occupancy: Any utilization of property.
Office Trailer: A structure, transportable in one (1) or more sections
which is built on a permanent chassis and intended to be used for office
space or storage with or without a permanent foundation system and with
or without utility connections. Office trailers as defined are only
allowed subject to the following conditions:
(1) Office trailers may be used as construction offices or
temporary storage buildings only on construction sites.
(2) No office trailer shall be moved on to a construction
site until the required building permit has been issued.
(3) All office trailers shall be removed from a construction
site once work is completed or abandoned.
(4) In no case shall an office trailer be used for overnight
sleeping purposes.
Off Premise Sign: Any sign which directs attention to any business,
commodity, service or entertainment offered elsewhere than on the
premises where such sign appears.
On Premise Sign: Any sign which directs attention to a business,
commodity, service or entertainment offered on the same premises where
such sign appears.
Open Space: Area, excluding parking, street, alley, service walk or
other service areas, but including any side, rear, or front yard or any
unoccupied space on a lot that is unobstructed to the sky, except for
the ordinary projections of cornices, eaves, porches or trellises.
a. Developed open space shall be defined as recreational space
developed with facilities for either active or passive recre-
ation not within any required yard.
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Parking Space: A "parking space" is a surfaced area, designed to
control dust and moisture, enclosed or unenclosed, sufficient in size to
store one (1) automobile together with a surfaced driveway connecting
the parking space with the street or alley permitting ingress and egress
of an automobile. A "parking space" or any requisite maneuvering area
incidental thereto shall not occupy any public right-of-way.
Party Wall: A fire wall on an interior lot line, used or adapted for
joint service between two (2) buildings.
Planned Unit Development: A land area characterized by a unified site
design which (a) has individual building sites and provides common open
spaces, and (b) is designed to be capable of satisfactory use and
operation as a separate entity without necessarily having the
participation of other building sites or other common property. The
ownership of the common property may be either public or private. It
may be a single planned unit development as initially designed; or as
expanded by annexation of additional land area; or a group of contiguous
planned unit developments, as separate entities or merged into a single
consolidated entity.
Pole Trailer: Every vehicle without motive power designed to be drawn
by another vehicle by means of a reach, or pole, or by being boomed or
otherwise secured to the towing vehicle, and ordinarily used for
transportation of long or irregularly shaped loads such as poles, pipes,
or structural members capable, generally, of sustaining themselves as
beams between the supporting connections.
Political Sign: A temporary sign announcing, supporting or opposing
political candidates, dates or issues in connection with any national,
state or local election.
Portable Sign: A sign designed or constructed to be easily moved from
one location to another, including signs mounted upon or designed to be
mounted on a trailer, wheeled carrier, or other non motorized mobile
structure. A portable sign which has its wheels removed shall still be
considered a portable sign.
Public Improvements Criteria Manual (P.I.C.M.): The set of standards
set forth by the Director of Community Development and approved by the
City Council to determine the specific technical requirements for
construction to public improvements. The manual may be acquired from
the Community Development Department, and is on file in the City
Secretary's Office.
Public Parks: A "public park" is any publicly owned park, playground,
beach, parkway, or railroad within the jurisdiction and control of the
City.
-14a-
Public Service Sign: For the purposes of this ordinance, the following
types of signs and no others shall be considered to be public service
signs.
1. Signs identifying and naming the location of churches, schools
and other non-profit organizations;
2. Signs identifying and naming the location of public facilities;
and
3. Community information signs which provide information regarding
community functions and activities.
Signs which display commercial advertising in conjunction with public
service information shall not be considered to be public service signs
except that a person, firm, or organization who donates or otherwise
provides a public service sign may be identified on such sign in a means
which is clearly incidental to the primary message.
Quadraplex: Four single-family dwelling units joined by common
sidewalls, and/or common floors/ceilings.
Ranch Trailer: A vehicle with or without motive power other than a pole
trailer designed for carrying livestock, ranch implements, or other
moveable personal property attendant to the business or recreational use
of the raising of livestock or crops.
Reader Panel: Any and all portions of any sign on which text, graphics
or pictures are displayed. In the case of double faced reader panels,
only one side shall be considered in the calculation of sign size.
Recreational Vehicle: A camp car, motorhome, trailer, or tent trailer
with or without motive power, designed for human habitation or
recreational occupation, having less than three hundred twenty(320)
square feet.
-15-
Rest Home or Nursing Home: A private home for the care of the aged or
infirmed or a place of rest for those suffering bodily disorders. Such
homes do not contain facilities for surgical care or the treatment of
disease or injury.
Roofline: The height above finished grade of the upper beam, rafter,
ridge or purlin of any buiding.
Semi -Trailer: Every vehicle, with or without motive power, other than a
pole trailer or ranch trailer, designed for carrying persons or property
and for being drawn by a motor vehicle and so constructed that some part
of its weight and that of its load rests upon or is carried by another
vehicle.
Setback Line: The closest point to any property line or utility
easement which may be occupied by a structure.
Setback, Sign Measurement: The closest point to any property line which
may be occupied by any sign, as defined by this Ordinance. This point
shall be determined by measuring perpendicularly from adjacent property
lines.
Shipping Containers: Sealable shipping containers, designed for
intermodal transportation, either with or without a permanent affixed
chassis, used in intrastate, interstate and international commerce for
the shipment of goods and merchandise.
Shipping containers may be converted for use as buildings subject to
the following conditions:
(1) Shipping containers may be used as accessory buidings only.
(2) In all zones except Heavy Industrial, shipping containers
used as accessory buildings shall be screened from public
view.
(3) Any shipping container used as an accessory building shall
be subject to all requirements and restrictions of the
zone in which it is located.
Shopping Center or Integrated Development: A development consisting of
two __(2) or more interrelated business establishments using common
driveways and on -site parking facilities.
Sight Triangle: Triangular shaped area of clear visibility located at
all intersections including private driveways. The area of the triangle
shall be determined by engineering standards.
Single Family Residential - Large Lot: Any single tract or lot
comprised of at least 43,560 square feet of property, located in R-1
zone, whose primary use is for a single family dwelling unit.
Site Area Per Unit: The total area, including public and private
streets, for a proposed development divided by the total number of units
proposed. Used to determine the maximum density permitted for a
development.
-16-
Sign: Any word, number, figure, device, design or trademark by which
anything is made known, as used to designate an individual, firm,
profession, business, or a commodity and which is visible from any
public street. Refer to S.B.C.C.I. for additional definitions. For the
purpose of this ordinance, a sign is a structure.
Site Plan, Certified: In the case of all uses, a scaled drawing showing
the use of the land to include locations of buildings, drives,
sidewalks, parking areas, drainage facilities, and other structures to
be constructed in relationship to surveyed boundaries. Such site plan
shall be certified by a registered engineer or surveyor, licensed as
such in the State of Texas. Under the terms of the Development
Ordinance of the City of La Porte, when a development site plan is
required, said development site plan shall be prepared in accordance
with the terms of said Ordinance and shall be accepted as a certified
site plan as required herein.
Standard Industrial Classification Code (SIC): The numerical code
established by the U.S. Department of Commerce and used in the Standard
Industrial Classification Manual, 1987 as amended and supplemented.
Street, Private: A vehicular access way, under private ownership and
private maintenance, providing access to buildings containing
residential dwelling units without direct access to an approved public
street right-of-way, or a public right-of-way, however designated,
dedicated or acquired, which provides vehicular access to adjacent
properties. Alleys, parking lots, and private driveways within shopping
centers, commercial areas, or industrial developments shall not be
considered as streets.
Street. Public: A public right-of-way, however designated, dedicated,
or acquired, which provides vehicular access to adjacent properties.
Street, Thoroughfare: A public street designed for heavy traffic and
intended to serve as a traffic artery of considerable length and
continuity throughout the community and so designated on the City's
Thoroughfare Plan.
ecial Exception: Shall be only those exceptions provided for under
Section 11-600 (e) of this Ordinance.
Structure: That which is built or constructed.
,tructure, Principal: The principal structure which fulfills the
purpose for which the building plot is intended.
Substantial Improvements: Any repair, reconstruction, or improvement of
a structure, the cost of which equals or exceeds 50% of the market value
of the structure as determined by a licensed appraiser, either (a)
before the improvement is started, or (b) if the structure has been
damaged and is being restored, valuation before the damage occurred.
Substantial improvement is started when the first alteration of any
structural part of the building commences.
•
•
-17-
Townhouse: One (1) of a group of no less than three (3) nor more than
twelve (12) attached dwelling units constructed in a series or group of
attached units with property lines separating such units.
Trailer: Every vehicle, with or without motive power, other than a pole
trailer or ranch trailer, designed for carrying persons or property and
for being drawn by a motor vehicle and so constructed that no part of
its weight rests upon the towing vehicle.
Truck: Any motor vehicle designed, used or maintained primarily for
transportation of more than nine (9) persons or property.
Truck Tractor: Every motor vehicle designed and used primarily for
drawing other vehicles and not so constructed as to carry a load other
than a part of the weight of the vehicle and load so drawn.
Yard: A "yard" is an open space on the same building lot with a
building, unoccupied and unobstructed by any portion of a structure from
the ground upward, except as otherwise provided. In measuring a yard
for the purpose of determining the width of a side yard, the depth of a
rear yard, and the depth of a front yard, the minimum horizontal
distance between the building site and the lot line shall be used. A
"yard" extends along the lot line and at right angles or radial to such
lot line to a depth of width specified in the yard regulations of the
zoning district in which such building lot is located.
Yard, Front: A front yard is a yard extending along the whole of the
front lot line between the side lot lines, and being the minimum
horizontal distance between the front lot line and the front of the
principal building or any projections thereof other than stairs,
unenclosed balconies, or unenclosed porches. In the case of the lots
directly adjacent to the shoreline of Galveston Bay, the front yard
shall be the yard extending along the whole of the lot line directly
adjacent to the shoreline of Galveston Bay, and along the horizontal
distance between the front lot line and the front of the principal
building or any projections thereof, other than steps, unenclosed
balconies, or unenclosed porches.
Yard, Rear: A "rear yard" is a yard extending across the rear of a lot
between the side lot lines and being the minimum horizontal distance
between the rear lot line and the rear of the principal building or any
projections thereof other than steps, unenclosed balconies or unenclosed
porches.
Yard, Side: A "side yard" is a yard extending along the side lot line
from the front yard to the rear yard, being the minimum horizontal
distance between any building or projections thereof except steps and
the side lot line.
Zoning District Man: The "zoning district map" is the map or maps
incorporated into this Ordinance as a part hereof by reference thereto.
Zoning Permit: A written instrument signed by the enforcing officer
authorizing a use described in this Ordinance, in conformance with
Section 11 - 300 of this Ordinance.
Section 10 - 1000 Sign Regulations
Section 10-1001 Portable Signs
1. Portable signs as defined herein, that are not. in
conformance with the requirements of this ordinance,
shall within one calendar year of the date of passage of
this Ordinance, be brought into conformance with
ordinance requirements or be removed.
2. Portable signs shall be securely anchored in a manner
which will prevent their being blown about by strong
winds. The method of anchoring shall comply with the
requirements of Chapter 12 of the current adopted
edition of the Standard Building Code.
3. Portable signs may be electrically illuminated,
provided:
A. They are wired and connected to electrical power in
a manner that complies with the current adopted
edition of the National Electric Code and the City
of La Porte Electrical Ordinance.
B. Illumination is steady. No flashing or moving
lights shall be placed on any portable sign placed
within the City of La Porte.
4. Temporary political signs placed for the duration of an
election campaign shall not be subject to the
requirements of this ordinance except that:
A. No political sign shall be placed within a sight
triangle or in a manner which will otherwise create
a traffic hazard.
B. All portable signs used for political advertising
shall be anchored in a manner which will prevent
their being blown about by a strong wind.
C. All political signs shall be removed no later than
fifteen (15) days after the election for which they
were placed. In the case of run-off elections,
political signs may remain in place no longer than
fifteen (15) days following the run-off.
EXgiIBIT D
Section 10-1002 Number of Signs
The number of signs which may be permitted for a given
location shall be regulated as follows:
1. These regulations shall apply to freestanding signs
only.
2. Multiple reader panels mounted on a single base shall be
considered to be a single sign.
3. A maximum of one advertising freestanding sign shall be
permitted for each side of a commercial or industrial
establishment which fronts on a developed right of way.
4. For the purposes of this section, a multi -tenant
building shall be considered to be a single
establishment and shall be limited to one freestanding
advertising sign for each side of the building which
fronts on a developed right of way.
5. Separate buildings located on a single piece of property
may be considered to be separate business establishments
with each building being eligible for freestanding
advertising signage in accordance with these
regulations.
6. The number of on premise freestanding non -advertising
signs intended to direct traffic and not exceeding six
(6) square feet in size shall not be limited by this
section.
Section 10-1003 Size Restrictions
Calculation of sign size shall be based on the area of the
reader panel(s). Maximum sign size shall be limited as follows.
Freestanding on premise signs with a maximum allowable
height of forty-five (45) feet: one hundred fifty (150)
square feet.
2. Freestanding on premise signs located within a
controlled access highway corridor, with a maximum
allowable height of sixty-five (65) feet: three hundred
(100) square feet.
3. Freestanding on premise signs for multi-tennant
buildings, whether located within or outside the
boundaries of a Controlled Access Highway Corridor:
three hundred fifty (350) square feet.
4. Off premise Public Service Signs: seventy-five (75)
square feet.
Section 10-1004 Survey & Site Plan Requirements
Any person desiring to erect or place a freestanding sign on
any property, shall submit to the Code Enforcement Office a
survey of said property which indicates the proposed sign
location.
In the case of signs which due to size or height do not
require an engineered design, a survey shall not be required.
Any person desiring to erect or place a freestanding sign of this
type on any property, shall submit to the Code Enforcement Office
a site plan of said property on which the proposed sign location
is indicated.
RESIDENTIAL SIGN TABLE A
USES SIC CODE ZONES
R-1 R-2 R-3 AiH
Freestanding On Premise Identi-
fication Sign; Townhouses,
Multi -Family Developments, P
Group Care Facilities,
Subdivisions, Education and
Religious Facilities
RESIDENTIAL SIGN TABLE B
( 1 )
Min.
Yard
Setbacks
(8) L.F. Max.
Uses F R S Height
Free- Equal to
standing Max.
On Premise 0-0-0 Allowable
Signs
P P P
Footnote•
1 No sign shall be located in a sight -triangle so as to obstruct
traffic visibility at a level between three feet (3') and six
feet (61) as measured above adjacent road grade.
COMMERCIAL SIGN TABLE A
USES (SIC CODE U ZONES
CR NC GC
Freestanding On Premise Signs P P
Freestanding Off Premise
Public Service Signs Spaced
In Intervals of Not Less Than
500 Feet P
COMMERCIAL SIGN TABLE B
(1)
(1)
Adj. to
Min.
Res.
Max.
Yard
Min. Yard
Sign
Setbacks
Setback Max.
Uses
Area
F. R. S.
F. R. S. Height
Freestanding
On Premise
150 Sq.
Ft. 0-0-0
0-5-5 45 Ft.
Signs
Freestanding
On Premise
Signs Located
In Controlled
Access Highway
Corridors 300 Sq. Ft. 0-0-0 0-5-5 65 Ft.
Freestanding
On Premise
Advertising
Signs for Multi
Tenant Buildings 350 Sq. Ft. 0-0-0 0-5-5 45 Ft.
(1)
Adj. to
Min.
Res.
Max.
Yard
Min. Yard
Sign
Setbacks
Setback
Max.
Uses
Area
F. R. S
F. R. S.
Height
Freestanding
On Premise
Advertising
Signs for Multi
Tenant Buildings
Located in
Controlled
Access
Corridors
350 Sq.
Ft. 0-0-0
0-5-5
65 Ft.
Freestanding
Off Premise
Public Service
Sign (whether
located within
or outside the
boundaries of
C.A.C.)
75 Sq.
Ft. 0-0-0
0-5-5
18 Ft.
Footnote:
1. No sign shall be located in a
sight triangle
so as to
obstruct
traffic visibility at
a level
between three
feet (3')
and six
feet (61) as measured
above adjacent road grade.
INDUSTRIAL SIGN TABLE A
USES ( SIC CODE V ZONES
B-I L-I H-I
On Premise Freestanding Signs P P P
Off Premise Freestanding Signs * P P
INDUSTRIAL SIGN TABLE B
(112)
(112)
Adj. to
Minimum
Resid.
Maximum
Yard
Min. Yard
Sign
Setback
Setback
Max.
Uses
Area
F. R. S.
F R. S
Height
On & Off
Premise
Freestanding
150 Sq.
Ft. 0-0-0
0-5-5
45
Ft.
Signs
Freestanding
On Premise
Signs Located
In Controlled
300 Sq.
Ft. 0-0-0
0-5-5
65
Ft.
Access Highway
Corridors
Freestanding
On Premise
Advertising -
Signs for Multi
350 Sq.
Ft. 0-0-0
0-5-5
45
Ft.
Tenant Buildings
Freestanding
On Premise
Advertising
Signs for Multi
Tenant Buildings
Located in
350 Sq.
Ft. 0-0-0
0-5-5
65
Ft.
Controlled
Access Corridors
Freestanding
Off Premise
Public Service
-
Sign (whether
75 Sq.
Ft. 0-0-0
0-5-5
18
Ft.
located within or
outside the
boundaries of
C.A.C.)
Footnote:
1. No sign shall be
located in a
required sight
triangle in
such
a manner as to
obstruct traffic
visibility at
a level between
three feet (3')
and six feet
(61) as measured
above adjacent
road grade.
2. All off premise
freestanding
advertising signs
shall be
spaced
in intervals of
not less than
three hundred (300)
feet.
ORDINANCE NO. 1501-H
AN ORDINANCE AMENDING ARTICLE 3, DEFINITIONS, AND ARTICLE 10, SIGN
REGULATIONS, OF ORDINANCE NO. 1501, THE CITY OF LA PORTE ZONING
ORDINANCE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS
ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON
CONVICTION BE FINED A SUM OF NOT MORE THAN ONE THOUSAND DOLLARS
($1,000.00) FOR EACH VIOLATION; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
WHEREAS, The City of La Porte has existing "Interim Sign
Regulations" as a part of Ordinance No. 1501; and
WHEREAS, at the time of adoption of said "Interim Sign
Regulations" the Planning and Zoning Commission and the City Council of
the City of La Porte deemed it advisable to review said "Interim Sign
Regulations" and consider making said sign regulations permanent,
together with additions to said sign regulations; and
WHEREAS, the City Council of the City of La Porte, based upon the
recommendation of the Planning and Zoning Commission of the City of La
Porte finds that it is desirable to regulate portable signs, political
signs, and the placement, size, and area of permanent sign structures;
now, therefore,
-"- BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte, based upon
the study recommendation of the Planning and Zoning Commission of the
City of La Porte hereby finds, determines and declares that the
regulation of future placement of portable signs is desired because
portable signs are not consistent with the aesthetic values of the City
of La Porte, and because portable signs present unique safety problems.
The City Council of the City of La Porte further finds that the
light weight design and easy mobility of portable signs, together with
Ordinance No. 1501-H, Page 2
their frequent use in conjunction with electrical components creates a
potential for extraordinary safety hazards. Portable signs are found
to be often placed in close proximity to public rights of way in order
to optimally attract the attention of motorists. Such placement
creates visual obstruction of on -coming pedestrian and vehicular
traffic for motorists ingressing and egressing from a place of
business. Portable signs also have had a tendency to be blown about in
strong winds. Portable signs with electrical connections and
components, if improperly maintained, pose a serious public safety
hazard.
It is deemed necessary that the permitting of portable signs is
required by the City of La Porte in order to prevent especially
hazardous conditions and to promote to the fullest extent possible
their proper operation and maintenance, and to further promote the
aesthetic values of the City of La Porte and to preserve the health,
safety and welfare of the citizens of and visitors to the City of La
Porte.
Section 2. The City Council of the City of La Porte hereby finds,
determines and declares that heretofore, to -wit, on the 23rd day of
February 1989, at 7:00 p.m., a public hearing was held before the
Planning and Zoning Commission of the City of La Porte, Texas, pursuant
to due notice, to consider the question of the possible amendment of
the Zoning Ordinance as herein described. There is attached to this
Ordinance as Exhibit "A", and incorporated by reference herein and made
Ordinance No. 1501-H, Page 3
a part hereof for all purposes, the publisher's affidavit of
publication of notice of said hearing.
Section 3. Subsequent to such public hearing, the City of La
Porte Planning and Zoning Commission met in regular session on 23rd day
of February, 1989, at 7:00 p.m., to consider the Ordinance amendments
which were the subject of such public hearing. The City Council of the
City of La Porte is in receipt of the written recommendations of the
City of La Porte Planning and Zoning Commission, by letter dated
February 24, 1989, a true copy of which letter is attached hereto as
Exhibit "B", and incorporated by reference herein, and made part hereof
for all purposes.
Section 4. The City Council of the City of La Porte hereby finds,
determines and declares that on the 13th day of March, 1989, a public
hearing was held before the City Council of the City of La Porte,
Texas, pursuant to due notice, to consider the recommendation of the
City of La Porte Planning and Zoning Commission. There is attached to
this Ordinance as Exhibit "C", and incorporated by reference herein and
made a part hereof for all purposes, the publisher's affidavit of
publication of notice of said public hearing for the City Council of
the City of La Porte.
Section 5. The City council of the City of La Porte hereby finds,
determines and declares that all prerequisites of law and Ordinance
have been satisfied, and hereby determines and declares that the
amendments to the City of La Porte Ordinance No. 1501, the Zoning
Ordinance of the City of La Porte, are desirable and in furtherance of
Ordinance No. 1501-H, Page 4
the goals and objectives stated in the City of La Porte's comprehensive
plan.
Section 6. Article 3, Definitions; and Article 10, Sign
Regulations of the Zoning Ordinance of the City of La Porte are hereby
amended, to read in accordance with the Zoning Regulations contained in
Exhibit D, attached hereto and.fully incorporated by reference herein.
Section 7. Any person, as defined in Section 1.02(27) Texas Penal
Code, who shall violate any provision of this Ordinance, shall be
deemed guilty of a misdemeanor and upon conviction shall be punished by
a fine not to exceed One Thousand Dollars ($1,000.00). Each day a
violation of this ordinance shall continue shall constitute a separate
violation.
Section 8. If any section, sentence, phrase, clause, or any part
of any section, sentence, phrase, or clause, of this Ordinance shall,
for any reason, be held invalid, such invalidity shall not affect the
remaining portions of this Ordinance, it is hereby declared to be the
intention of the City of Council to have passed each section, sentence,
phrase, or clause, or part thereof, irrespective of the fact that any
other section, sentence, phrase, or clause, or part thereof, may be
declared invalid.
Section 9. The City Council officially finds, determines, recites
and declares that a sufficient written notice of the date, hour, place
and subject of this meeting of the City Council was posted at a place
convenient to the public at the City Hall of the city for the time
required by law preceding this meeting, as required by the Open
Ordinance No. 1501-H, Page 5
Meetings Law, Article 6252-17, Texas Revised Ordinance No. Civil
Statutes Annotated; and that this meeting has been open to the public
as required by law at all times during which this ordinance and the
subject matter thereof has been discussed, considered and formally
acted upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 10. This Ordinance shall become effective fourteen (14)
days after its passage and approval. The City Secretary shall give
notice to the passage of the notice by causing the
caption to be published in the official newspaper of the City of La
Porte at least twice within ten (10) days after the passage of the
Ordinance.
PASSED AND APPROVED THIS THE DAY OF , 1989.
CITY OF LA PORTE
By:
NORMAN MALONE, Mayor
ATTEST:
By:
CHERIE BLACK, City Secretary
APPROVED
I sttantRCity Attelney
•
PUBLIC ICE ••� :',��
NOTICE OF
PUBLIC HEARING
In accordance with the provisions of
Ordinance 1501, the City of La Porte Zon-
ing Ordinance, notice is hereby given that
the La Porte Planning and Zoning Com-
mission will conduct a public hearing at
7:00 P.M. on the 23rd day of February,
1989, in the Council Chambers of the City
Hall, 604 West Fairmont Parkway, La
Porte, Teas. The purpose of the Public
Hearing it to cogfAden aendments to
Section 10-1000Of �itjmof La Porte Zon-
ing Onil`nan.6e 06. 1501. Proposed
amendments.Wiltregulate size and place-
ment of on -premise free-standing signs
and off -premise public service signs;
placement and removel of political signs;
permitting and placement of portable
signs; removal of non -conforming port-
able signs, as well as incorporating addi-
tional sign definitions into Ordinance
1501.
A regular meeting will be held following
the public hearing for the purpose of act-
ing upon the public hearing item and con-
duct other matters pertaining to, the Plan-
ning and Zoning Commission.
Citizens!wishing to address the Com-
mission pro or con during the Public Hear-
ing will be required to sign in before,the
meeting .is"donvened.'
CITY OF LA PORTE
Cherie Black
City Secretary
11
La Porte; Texas 77571
(713) 471-1234
1947'
'I If
, the undersigned authority, on this date
eared Sandra E. Bumgarner, duly authorized
Bayshore Sun, a semi -weekly newspaper
La Porte, Harris County, Texas, and who
duly sworn, says the attached notice was
published in The Bayshore Sun of February 8, 1989
Sandra E. Bumgarner
Office Manager
Sworn and subscribed before me this �? i day of
A.D. 19_ff. A f
Notary Public
Harris County, Texa
4
0
•
February 24, 1989
. CITY
PHONE ( 713 ) 471 -5020
OF LA
• P. O. Box 1115
Honorable Mayor Norman Malone & City Council
City of La Porte
Dear Mayor Malone:
PORTE
0 LA PORTE. TEXAS 77571
On February 23, 1989, the Planning & Zoning Commission, in
Public Hearing and regular session, considered proposed sign
regulation revisions to Section 10-1000 of the City of La Porte
Zoning Ordinance #1501.
After considering public input and staff's report, the
Commission by unanimous vote, recommended approval of these
regulations as proposed.
Sincerely,
anet Graves, Chairman
Planning & Zoning Commission
EXHIBIT
PUBLIC NOT.CE ,
NOTICE OF
PUBLIC HEARING
In accordance with the provisions of
Ordinance 1501, the City of LaPorte Zon-
ing Ordinance, notice is hereby given that
the La Porte City Council will conduct a
public hearing at 6.00 P.M. on the 13th
day of March, 1989, in the Council Cham-
bers of the City Hall, 604 West Fairmont
Parkway, La Porte, Texas. The purpose
of the Public Hearing is to consider
amendments to Section 10-1000 of City of
La Porte Zoning Ordinance No. 1501.
Proposed�ameYe
ents will regulate size
and r pkacemeof on -premise free -
and sinsoff-premise public ser-
vice sign, plment and removal of
of
al of non -
as well as
67LLO Q
rris
La Porte; Texas 77571
(713) 471-1234
Pe n
into Ordinance 1501. be V X
A regular meeting will' d following a s
the public hearingg.}or purpose of act-
ing upon the public hearing item and con-
duct other matters pertaining to the City
Council.
Citizens wishing to address the Council
pro or con during the Public Hearing will , the undersigned authority, on this date
be required to sign in before the meeting
is convened. eared Sandra E. Bumgarner, duly authorized
CITY OF LA PORTE Ba shore Sun a semi —weekly newspaper
Cherie Black ,., _ . • Y ► Y
City Secretary La Porte, Harris County, Texas, and who
after being duly sworn, says the attached notice was
-published in The Bayshore Sun of February 26, 1989
Sandra E. Bumgarner
Office Manager
Sworn and subscribed before me this —? Z day of_7
A.D. 19$�J .
Notary Public
,,........
Harris County, Texas tA
M
c `�1, u •.
c ra •�
�1� jor�tD�
EXHIBIT'
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Req
Requested By:
Re
Exhibits:
1. Electric Code
2. Adoption Ordinance
Summary:
rtment: Community Dev,
on x Ordinance
The attached electric code represents a comprehensive
re -write of the current code adopted by Ordinance No. 1254 and
amended by Ordinances No. 1254-A and 1254-B.
The "draft" copy of this code was reviewed and discussed in
the March 06, 1989 workshop meeting of City Council. Changes
recommended by City Council have been incorporated in the attached
electric code.
Recommendation:
Staff concurs with the Electrical Board and City Council
amendments to the current electric code and recommends approval of
the attached code.
Action Required by Council:
Consider approval of the code and ordinance.
Availability of Funds: N/A
General Fund
Capital Improvement
Other
Account Number:
Water/Wastewater
General Revenue Sharing
Funds Available: _ YES _ NO
Approved for City Council Agenda
n, " -T � k_:� I
Robert T. Herrera DATE
City Manager
ORDINANCE NO. 1637
AN ORDINANCE ADOPTING A NEW ELECTRICAL CODE FOR THE CITY OF LA
PORTE; REPEALING ORDINANCE NO. 1254, TOGETHER WITH AMENDMENTS TO
ORDINANCE NO. 1254 - A THROUGH B INCLUSIVE; AND PROVIDING
FOR THE ADOPTION OF THE 1987 VERSION OF THE NATIONAL ELECTRIC
CODE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAWS; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE
TERMS OF THIS ORDINANCE SHALL BE GUILTY OF A MISDEMEANOR AND UPON
CONVICTION THEREOF SHALL BE FINED IN ANY SUM NOT MORE THAN TWO
HUNDRED DOLLARS ($200.00) PER OCCURRENCE; AND PROVIDING AN
EFFECTIVE DATE HEREOF;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The Electric Code of The City of La Porte,
attached to this Ordinance as Exhibit "A", which is fully
incorporated by reference herein, is hereby adopted.
Section 2. All ordinances or parts of ordinances in
conflict herewith are hereby repealed. Specifically, Ordinance
No.- 1254, together with amendments to Ordinance No. 1254-A
through , inclusive, are expressly repealed.
Section 3. The regulations and rules of the National Board
of Fire Underwriters embodied in the National Electric Code, 1987
Version or approved successive versions, are hereby adopted as
the rules and regulations to govern and to be observed and
followed in all electric wiring and in all electrical
construction, installation, repair, alteration, operation and
maintenance of electric wiring, apparatus, and fixtures, except
insofar as they may conflict with the provisions of The City of
La Porte Electric Code. In a case of conflict between the
provisions of the National Electric Code and the provisions of
The City of La Porte Electric Code, the provisions of The City of
La Porte Electric Code shall prevail.
Section 4. 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 of the City Hall
of The City of La Porte 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 opened to the public as required by law at all times
during which this ordinance and the subject matter thereof has
been discussed, considered and formally acted upon. The City
Council further ratifies, approves and confirms such written
notice and the contents and posting thereof.
Section 5. If any section, sentence, phrase, clause, or any
part of any section, sentence, phrase, or clause, of this
ordinance, shall for any reason, be held invalid, such invalidity
shall not affect the remaining portions of this ordinance, and it
is hereby declared to be the intention of the 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 any part thereof may be declared
invalid.
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)
per occurrence.
Section 7. 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 of 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
1989.
ATTEST:
CITY OF LA PORTE
By
Cherie Black, City Secretary
,� -,.y
ty Attorney
Norman Malone, Mayor
Agenda Date Requested: March
Requested By: Joel H, Albrec t artment:Community Development
Report esolution X Ordinance
Exhibits: 1) Dual Usage Agreement
2) Copy of Ordinance No. 1603
3) Ordinance 1638
SUMMARY & RECOMMENDATION
The attached Dual Usage Agreement between the City of La Porte and
Harris County Flood Control District is a step in the
implementation of The Open Space and Pedestrian System Plan set
forth in the City of La Porte Comprehensive Plan. The
Comprehensive Plan recommends a Pedestrian Circulation System that
will facilitate safe and easy access linking neighborhood and
community parks.
Ordinance No. 1603 granted a license to McDonald's for surface
usage of three hundred twenty-five (3251) feet of an alley in
Block 1101, Town of La Porte, Texas. Section 3 of Ordinance No.
1603 requires McDonald's Corporation to landscape and maintain a
conservation setback on the west four (41) feet of said alley and
the eastern most fifteen (151) feet of the Harris County Flood
Control right-of-way adjacent to the alley in accordance with the
requirements of Harris County Flood Control District.
The City's requirements in the Dual Usage Agreement are to be
transferred to McDonald's Corporation per Ordinance No. 1603 only
to the extent of its application to the three hundred twenty-five
(3251) feet by nineteen (191) feet described in Section 3.
Staff recommends the approval of the Dual Usage Agreement which
sets forth the requirements for plans and specifications,
construction, maintenance, alterations, public use and possible
widening to F216-00-00 further described as Little Cedar Bayou
Watershed.
Action Required by Council:
Approval of Ordinance agreeing to the Dual Usage Agreement with
Harris County Flood Control District.
Availability of Funds:
General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other
Account Number: Funds Available: _ YES — NO
Approved for City Council Agenda
Gs�" T V�z�� -s— �
Robert T. Herrera DATE
City Manager
ORDINANCE NO. 1638
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY
OF LA PORTE AND THE HARRIS COUNTY FLOOD CONTROL DISTRICT, FOR A
PUBLIC HIKE AND BIKE PATH; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the
contract, agreement or other undertaking described in the title of
this ordinance, in substantially the form as shown in the document
which is attached hereto and incorporated herein by this reference.
The Mayor is hereby authorized to execute such document and all
related documents on behalf of the City of La Porte. The City
Secretary is hereby authorized to attest to all such signatures and
to affix the seal of the City to all such documents.
Section 2. The City Council officially finds, determines,
recites and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
Civil Statutes Annotated; and that this meeting has been open to the
public as required by law at all times during which this ordinance
and the subject matter thereof has been discussed, considered and
formally acted upon. The City Council further ratifies, approves
and confirms such written notice and the contents and posting
thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 13th day of March, 1989.
CITY OF LA PORTE
ATTEST:
Cherie Black
City Secretary
APPROVED:! %
Knox W. Askins
City Attorney
BY
Norman L. Malone, Mayor
AGREEMENT
THE STATE OF TEXAS §
COUNTY OF HARRIS §
THIS AGREEMENT made and entered into pursuant to the Interlocal
Cooperation Act (Art. 4413(32c) V.T.C.S.) by and between THE CITY OF
LaPORTE, a body corporate and politic under the laws of the State of Texas,
hereinafter referred to as "the City", and the HARRIS COUNTY FLOOD CONTROL
DISTRICT, a body corporate and politic under the laws of the State of Texas,
hereinafter referred to as "the District".
W I T N E S S E T H:
WHEREAS, the City desires to construct and maintain a public hike
and bike path on certain hereinafter described lands located along Harris
County Flood Control Unit F216-00-00 owned by the District;
WHEREAS, the City is willing to construct said public hike and bike
path on said lands;
WHEREAS, the District is willing to permit the City to use the said
lands for such purpose;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in
consideration of the mutual covenants, agreements and benefits to both
parties, it is agreed as follows:
I.
The City shall prepare plans and specifications for the hike and
bike trail and shall submit same to the District for approval. When the
District has approved the aforesaid plans and specifications, the City shall
construct said hike and bike trail on the District's lands described
hereinafter in accordance with the plans and specifications approved by the
District and in accordance with the provisions of this Agreement. If any
conflict arises between the provisions of the plans and specifications and
the provisions of this Agreement, the Agreement shall be controlling and
binding upon the parties hereto. It is expressly understood and agreed by
the parties hereto that the District does not have any funds specifically
allocated to the performance of its obligations under this Agreement and
nothing contained herein shall place any obligation upon the District to
appropriate any funds for any of the purposes expressed herein. It is
contemplated by the parties hereto that the the City shall complete the
construction of the hike and bike trail using its own equipment, personnel,
and materials.
II.
The District hereby authorizes the City to use the following
described lands situated in the County of Harris, State of Texas, for the
purpose of constructing and maintaining a public hike and bike path on
Harris County Flood Control District Unit F216-00-00, as shown in Exhibit
"A" attached hereto.
-Page 2-
The City shall maintain in good repair the hike and bike path
following its construction, including but not limited to the repair of any
pavement thereon and the City's said obligation to repair and maintain,
however, shall be limited to that required by ordinary wear and tear. The
City will mow the grass between the path where constructed and the
District's right-of-way line on the side of F216-00-00 on which the path is
constructed, and also between the path and the top of the bank on the side
of F216-00-00. The City agrees to mow the said grass at such time intervals
so as to keep same from attaining a height of more than nine (9) inches.
The District will continue to maintain and mow the sloped sides and basin of
F216-00-00 and will continue to treat such areas with chemical defoliant;
however, nothing herein shall require the District to appropriate or certify
as available any additional funds for this or any other purpose. After the
hike and bike path is constructed, the City will pick up the trash, paper,
and debris on the path and the said grass regularly. The City further
agrees to install and maintain appropriate traffic control signs along the
public hike and bike path, as deemed necessary or desirable by the District
for the safety of the users of the said path.
IV.
The City shall not undertake any alterations of existing
improvements upon the public hike and bike path without first securing the
written approval of the District of the plans and specifications for the
same.
-Page 3-
V.
The public hike and bike path shall be open to the use of the
general public. No fee or charge shall be imposed for use thereof.
VI.
The term of this Agreement shall be ten (10) years to commence on
the date of the signing of this Agreement by the County Judge. Any of the
parties hereto may terminate this Agreement prior to the expiration of said
term, with or without cause, upon thirty (30) days prior written notice to
the other parties hereto. Such notice may be given to the District by
registered or certified mail, postage prepaid, return receipt requested,
addressed to Director of Harris County Flood Control District, 990C
Northwest Freeway, Houston, Texas 77092. Such notice may be given to the
City by registered or certified mail, postage prepaid, return receipt
requested, addressed to THE CITY of LaPORTE, P. 0. Box 1115, LaPorte, Texas
77571, Attention: Joel H. Albrecht, Director of Community Development. Said
right of termination shall be considered exercised and completed upon
deposit of the notice in the United States mail as aforesaid.
VII.
The City agrees not to cause or permit its agents or contractors to
cause any waste upon the hereinabove described hike and bike path and
further agrees not to cut or damage or to permit its agents or contractors
to cut or damage any tree or trees thereon over six (6) inches in diameter,
-Page 4-
as measured twelve (12) inches above ground level, without the prior written
consent of the District.
VIII.
The City's right to the use and enjoyment of the public hike and
bike path for the purpose herein stated is expressly limited to the
District's right, title and interest in and to the said lands, and the
District makes no representation or warranty as to its right, title or
interest in and to said lands.
IX.
The District has advised the City and the City is aware that the
District acquired the hereinabove described lands for flood control and
drainage use. The District presently uses the hereinabove described lands
for maintenance of F216-00-00 and it contemplates future use thereof for
widening of the said drainage unit as the need for the same may arise and
funds may be available. The District hereby expressly reserves to itself,
its officers, employees, agents, and contractors, the right to enter upon
said lands and path at any time for any purpose necessary or convenient in
connection with drainage and flood control work, to flood said lands and
path, and/or to make such other use of said lands and path as may be
necessary or desirable in connection with drainage and flood control without
further notice to the City or the public.
-Page 5-
EXECUTED in duplicate originals on this day
of 1988.
H A R R I S C O U N T Y F L 0 0 D C 0 N T R 0 L D I S T R I C T
By
JON LINDSAY
COUNTY JUDGE
APPROVED AS TO FORM:
MIKE DRISCOLL
County Attorney
By
0 IA. ENS
Assistan Attorney -
THE CITY OF LaPORTE
By
JOHN JOERNS
Assistant City Manager
-Page 6-
ORDER AUTHORIZING THE COUNTY JUDGE TO EXECUTE AN
AGREEMENT BY AND BETWEEN THE CITY OF LaPORTE
AND HARRIS COUNTY FLOOD CONTROL DISTRICT
THE STATE OF TEXAS §
COUNTY OF HARRIS $
On this the day of , 1988, the Commissioners
Court, being duly convened at a regular meeting, upon motion of
Commissioner , seconded by
Commissioner , duly put and carried;
It is ORDERED that County Judge JON LINDSAY be, and he is hereby,
authorized to execute for and on behalf of the Harris County Flood Control
District an Agreement with,THE CITY OF LaPORTE for the use of certain Harris
County Flood Control District lands along F216-00-00 and for construction of
a public hike and bike trail, said Agreement being incorporated herein by
reference and made a part hereof for all intents and purposes as though
fully set forth herein word for word.
•
ORDINANCE NO. 1603
AN ORDINANCE GRANTING A LICENSE TO McDONALD'S CORPORATION FOR USE
OF THE SURFACE OF THE NORTH THREE HUNDRED TWENTY-FIVE FEET (325')
OF THE SIXTEEN FOOT (16') ALLEY IN BLOCK ELEVEN HUNDRED ONE (1101),
TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; RETAINING PUBLIC UTILITY
EASEMENTS; PROVIDING TERMS AND CONDITIONS OF SUCH LICENSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Subject to the terms and provisions hereof, and
under and by virtue of the power granted to the City of La Porte
under its Home Rule Charter, and Chapter 13, Title 28, Article 1175,
of the Revised Civil Statutes of Texas, 1925, the City of La Porte
hereby grants a license for the use of the surface of the
hereinafter described portion of an alley in the City of La Porte,
to McDonald's Corporation, to -wit:
The North 325 feet of the alley in Block Eleven Hundred
One (1101), TOWN OF LA PORTE, Harris County, Texas,
being that portion of the alley lying and being adjacent
to Lots Twenty (20) through Thirty-two (32), both
inclusive, Block Eleven Hundred One (1101), TOWN OF LA
PORTE, Harris County, Texas, being a tract of land 16
feet by 325 feet.
Section 2. The term of this license shall be for so long as
McDonald's Corporation, its successors or assigns, operates a lawful
business on Lots Twenty (20) through Thirty-two (32), both
inclusive, Block Eleven Hundred One (1101), TOWN OF LA PORTE, Harris
County, Texas.
Section 3. As consideration for this license agreement,
McDonald's Corporation, its successors and assigns, agrees to
landscape and maintain a "conservation setback" on the West (41) of
such alley, in accordance with the terms and provisions of Ordinance
No. 1501, the City of La Porte Zoning Ordinance, which provides,
among other things, for landscaping with trees, shrubs, and
groundcover, with a planting plan required to be submitted and
approved by the City of La Porte.
In addition, McDonald's Corporation, its successors and
assigns, further agrees to landscape and maintain a "conservation
setback" on the approximate East fifteen feet (151) of the Harris
County Flood Control right-of-way, adjacent to said alley, in
accordance with the requirements of the Harris County Flood Control
District. It is anticipated that such requirements will call for
ORDINANCE NO. 1603 Page 2
carpet grass, mulch, or like treatment of such property, without any
trees or shrubs being permitted. The landscaping and maintenence of
such landscape area for the City of La Porte, and such conservation
setback area for the Harris County Flood Control District, and the
continuing maintenance of such landscaping, shall be a consideration
for the continuance of this license agreement.
The predecessor in title to McDonald's Corporation shall be
required to deposit the sum of Five Thousand Eight Hundred Eleven
Dollars ($5,811.00) cash with the City of La Porte as a performance
guarantee,,which deposit will be refunded by the City of La Porte to
the party making such deposit, upon the completion of the required
"conservation setback" landscaping hereunder and the issuance of a
certificate of occupancy by the City of La Porte.
Section 4. McDonald's Corporation, its successors and assigns,
shall have the exclusive right of use of the surface of such alley,
subject to the terms and provisions hereof, for driveways, lighting,
parking, landscaping, and the sign provided for in Section 5 hereof.
The license rights granted to McDonald's Corporation hereunder,
shall be subject to and limited by the terms and provisions of an
easement agreement between the City of La Porte and Houston Lighting
& Power Company.
McDonald's Corporation, at its option may either (1) abandon,
at its expense, the existing City of La Porte water line in the
alley, in accordance with City specifications; or (2) use and
maintain such existing water line as a private water line, at its
expense, so long as this license agreement is in effect.
Section 5. The City of La Porte hereby grants McDonald's
Corporation, as licensee, the license, right and privilege to enter
into a lease agreement with La Porte State Bank, its successors and
assigns, for the construction and operation of a sign approximately
eighteen feet (181) high and fourteen feet two inches (1412") wide,
in the Northwest corner of the portion of the alley herein
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ORDINANCE NO. 1603
Page 3
described, legally described as that portion of the alley adjacent
to Lot Thirty-two (32), Block Eleven Hundred One (1101), TOWN OF LA
PORTE, Harris County, Texas, for a term ending the 31st day July,
1997. No portion of such sign shall encroach upon a public right-
of-way. The location, construction and operation of such sign shall
conform to all applicable codes of the City of La Porte, and
requirements of Houston Lighting & Power Company. McDonald's
Corporation shall promptly remit to the City of La Porte, all net
rentals received by it under said lease agreement between McDonald's
Corporation and La Porte State Bank.
Section 6. This Ordinance shall be effective only upon (1) the
purchase of Lots Twenty (20) through Thirty-two (32), Block Eleven
Hundred One (1101), TOWN OF LA PORTE, Harris County, Texas, by
McDonald's Corporation; (2) the execution and delivery of an
easement by McDonald's Corporation to Houston Lighting & Power
Company; (3) the execution by McDonald's Corporation of an agreement
for landscaping of the "conservation setback" areas; (4) the
execution of a mutually agreeable sign lease between McDonald's
Corporation and La Porte State Bank; and (5) the delivery of the
$5,811.00 cash performance guarantee as provided for in Section 3
hereof.
Section 7. McDonald's Corporation, acting herein by and
through its duly authorized officer, joins in the execution of this
license agreement, to evidence its agreement and consent to the
terms and provisions hereof.
Section 8 Except as expressly set forth herein, this
Ordinance shall not limit or otherwise mitigate the provisions of
any other applicable City of La Porte ordinance or regulation
including, but not limited to, the terms and provisions of Ordinance
No. 1501, the City of La Porte Zoning Ordinance.
Section 9. The City Council officially finds, determines,
recites and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
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ORDINANCE NO. 1603 Page 4
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
Civil Statutes Annotated; and that this meeting has been open to the
public as required by law at all times during which this ordinance
and the subject matter thereof has' been discussed, considered and
formally acted upon. The City Council further ratifies, approves
and confirms such written notice and the contents and posting
thereof.
PASSED AND APPROVED, this 26th day of September, 1988.
CITY OF LA PORTE
BY /L,&
Norkah L. Ma on , Mayor
ATTEST:
City Secretary
APPROVED:
City Attorney
ACCEPTED AND AGREED:
McDonald's Corpora 'on
By:
v1
Authorized Officer
L + top 4 - +11ffir
TO:
CITY MANAGER
FROM: CHIEF OF POLICE DATE: 03/07/89
Bob Herrera
Charles E.Smith
REQUEST FOR CITY COUNCIL AGENDA ITEM
1.
Agenda Date Requested: 01/1�/89
2.
X REPORT;
RESOLUTION; ORDINANCE
3.
PROJECT SUMMARY:
Sealed bid #0309 opened February 21, 1989 for
puchase of one (1) three quarter ton pick-
up replacement humane truck. Bid specifica-
tion specified a four speed transmission. Some
vendors bid that transmission, others did not.
4.
ACTION REQUIRED:
Reject sealed bid #0309 and re bid with
revised specifications.
5.
ALTERNATIVE:
Leave as is take no action.
6.
RECOMMENDATION:
Reject sealed bid #0309 and re bid vehicle
with proper specifications.
7.
EXHIBITS:
8. AVAILABILITY OF FUNDS:
General Fund Water/Wastewater
X Capital Improvement General Revenue Sharing
Other
9. ACCOUNT NUMBER: 001502508850 FUNDS AVAILABLE: RYES _NO
Charles E. Smith
Chief Of Police
REQUESTED BY:
10. APP QV D FOR CITY COUNCIL AGENDA
DATE
CITY MANAGER'S OFFICE
• CITY OF LA PORTE
POLICE DEPARTMENA
INTER -OFFICE MEMORANDUM
TO: Mr Robert T. Herrera, City Manager
FROM: Charles E. Smith, Chief Of Police
SUBJECT: Sealed Bid #0309, Reject and Re bid Date: 3/7/89
Sir,
Sealed bid #0309 was opened on February 21, 1989. Bid requests
were mailed to (8) eight area vendors with (6) six returning bids.
1.
Les Marks Chevrolet
19,674.02
2.
Timmers Chevrolet
19,776.94
3.
Tramonte - Dodge
199848.20
Chevrolet
20,071.52
4.
Knapp Chevrolet
20,100.00
5.
Joe Camp
209495.00
6.
Chuck Miller
21,121.39
The specifications on a 3/4 ton humane truck replacement, were
released specifying a four(4) speed transmission (overdrive). The Ford
dealers bid a (4) four speed. The General Motors dealers did not
because General Motors does not put a four(4) speed transmission in
this size truck.
After re-examination of the specifications and conferring with
Dick Root, Equipment Services Superintendant it was determined that a
standard automatic transmission was all that was necessary for this
vehicle.
Since some of the dealers bid on a (4) four speed transmission and
others did not, it would be fair to all concerned to reject this bid
and re -bid.
Staff recommends rejection of bid #0309 and request permission to
re bid after specifications have been re written.
C.E. Smith
Chief Of Police
CITY OF LA PORTE
INTER -OFFICE MEMORANDUM
MARCH 1, 1989
TO: Charles Smith, Chief of Police
FROM: Louis Rigby, Purchasing Manager '
SUBJECT: Sealed Bid #0309 - 3/4 Ton Humane Truck
Advertised, sealed bids #0309 for a 3/4 ton humane truck were
opened and read on February 21, 1989. Bid requests were mailed to
eight (8) area dealers with the following six (6) returning bids:
1) Les Marks Chevrolet, 2) Timmers Chevrolet, 3) Tramonte
(submitted two bids: one Dodge, one Chevrolet), 4) Knapp
Chevrolet, 5) Joe Camp Ford, and 6) Chuck Miller Ford.
Low bid of $19,674.02 was submitted by Les Marks Chevrolet.
However, specifications called for a 4-speed automatic
transmission and Chevrolet only offers a 3-speed automatic in that
size vehicle. Joe Camp was low bid meeting the 4-speed
specifications but they did not meet alternator and tire
specifications. Joe Camps bid was $20,495.00. Also, Chevrolet
offers a 3-year, 50,000 mile warranty whereas Ford offers 12
months, 12,000 miles.
Please submit your recommendation with an agenda request form
by the prescribed time before the next regular council meeting.
If there is a need to delay bringing this before council, please
notify me.
LR/gr
Attachments: Bid Tabulations
xc: John Joerns, w/ attachments
•
SEALED BID #0309
3/4 TON HUMANE TRUCK
LES MARKS TIMMERS TRAMONT
E TRAMONTE KNAPP JOE
CHEVROLET CHEVROLET
CHEVROLET
CAMP \ CHUCK
FORD MILLER
• 1 VEHICLE
CHEV
CHEV
DODGE
D250
CHEV
CHEV
FORD
F250
FORD
F250
2. BODY
SHOR-LINE
SHOR-LINE
SHOR-LINE
SHOR-LINE
SHOR-LINE
SHOR-LINE
SHOR-LINE
3. PRICE
19,674.02
19,776.94
19,848.20
20,071.52
20,100.00
20,495.00
21,121.39
4. DELIVERY
120
90-120
90-120
90-120
150
45-90
60
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