HomeMy WebLinkAbout1989-06-12 Regular Meeting
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MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL
JUNE 12, 1989
1. The meeting was called to order by Mayor Malone at 6:05 P.M.
Members of ci ty Council Present: Mayor Norman Malone,
Councilpersons Betty Waters, Mike Cooper, Ed Matuszak, Bob
McLaughlin, Mike Shipp, Deotis Gay, Jerry Clarke
Members of citv Council Absent: Councilperson B. Don Skelton
Members of ci tv Staff Present: ci ty Manager Bob Herrera,
Assistant City Attorney John Armstrong, Assistant to the City
Secretary Sue Lenes, Assistant ci ty Manager John Joerns,
Assistant to the City Manager Janie Bais, Director of
Community Development Joel Albrecht, Assistant Director of
Public Works Buddy Jacobs, Finance Director Jeff Litchfield,
Fire Chief Joe Sease, Assistant Fire Chief John Dunham, City
Engineer Steve Wenzel
Others Present: John Black, Bayshore Sun; approximately 25
citizens
2. The invocation was given by Councilperson Clarke.
3. Council considered approving the minutes of the public
hearings and regular meeting of Council held May 22, 1989.
Motion was made bv Counciloerson Waters to approve the Mav 22
minutes as oresented. Second by Councilperson Clarke. The
motion carried, 8 ayes and 0 nays.
Nays:
Councilpersons Waters, Cooper, Matuszak, McLaughl in,
Shipp, Gay, Clarke and Mayor Malone
None
Ayes:
4. Council considered approving the minutes of the pUblic hearing
and special called meeting of Council held May 30, 1989.
Motion was made bv Counciloerson Coooer to aoorove the minutes
of the Mav 30 meetinq as presented. Second by Councilperson
Clarke. The motion carried, 8 ayes and 0 nays.
Ayes:
Councilpersons Waters, Cooper, Matuszak, McLaughlin,
Shipp, Gay, Clarke and Mayor Malone
None
Nays:
5. A special presentation was made to former Councilperson Alton
Porter. The Mayor presented a framed proclamation and the
City Manager presented Mr. Porter with a plaque in
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Minutes, Regular Meeting, La Porte City Council
June 12, 1989, Page 2
appreciation of his services to the City during his tenure in
office. Council members expressed their appreciation to Mr.
Porter.
6. The Mayor proclaimed the week of June 16 through 19 as
"Juneteenth Week".
7. The following citizens addressed Council:
Bill Gwaltney, 3039 Fondren: Thanked staff and the Planning
and Zoning commission for their efforts on the BayMUD area
zoning. stated that he would like to see all new construction
in the BayMUD area of La Porte fall under the R-1 category.
Jim Zoller, 907 Hackberry: Commented that the City has
delivered as promised, all the services that were discussed
at the town meetings held during the annexation period. He
is very pleased with City services. Is pleased with the voice
BayMUD citizens had in zoning process.
Nancy Neely, president of La Porte Texans War on Drugs,
presented Mayor Malone with a shirt in appreciation of his
attending the 4:00 A.M. breakfast with the senior class at the
proj ect Graduation event. Mayor Malone complimented Mrs.
Neely and her co-workers on a very successful program, and
expressed his appreciation of their efforts.
Spero Pomonis, 218 Bay Colony: Very pleased with City
services in the Bay Colony area of La Porte. He is appearing
to give support on the zoning issue of BayMUD. Thanked the
Planning and Zoning Commission, Joel Albrecht and staff, for
a fine job.
Thelma Percoco, One pine Bluff: Representing the Pine Bluff
Civic Association. Thanked Council for services being
received since they have become a part of the City. Pleased
with zoning recommended for their subdivision and hopes
Council votes to leave it as it is recommended.
Dr. Nelson Yoder, 515 S. Shady Lane: Asked that his property
located in Shady Oaks not be zoned Residential, as it has been
commercial since 1950, and he has had his office there since
1962 and it has been in continuous use as a commercial
building since that time. He asked Council to leave lots 10
and 1C in the Shady Oaks subdivision with Commercial zoning.
Ben Ritchie, 435 S. Shady Lane:
zoned lot in the Shady Oaks
residential under the proposed
Oaks.
Asked that his commercially
subdivision not be zoned
permanent zoning for Shady
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Minutes, Regular Meeting, La Porte city council
June 12, 1989, Page 3
John Albanese, 1 Bay Oaks: Thanked the City for the fine job
done with the service plan of the annexed BayMUD area. He
supports recommendations of the Planning & Zoning commission
on the proposed permanent zoning for the Bay Oaks area.
8. Delayed until after executive session was held.
9. Council considered approving the draft of the official notice
of sale and official statement to be used in connection with
$4.5 million General Obligation bonds, Series 1989.
The Assistant City Attorney at this time pointed out to the
Mayor that item 8 could not be discussed in executive session,
as it was not listed as an executive session item. The Mayor
then read an addition to the agenda which states that certain
other matters pertaining to agenda items listed may be taken
to executive session. The Assistant ci ty Attorney then
allowed that item 8 was an acceptable item for the executive
session under the agenda addition.
Mr. David Fetzer and Mr. Pete Fisher, Moroney & Beissner,
commented on the draft of the bond sale notice. A special
meeting needs to be called for July 5 in order to complete the
sale of the bonds and award them.
Motion was made by Counciloerson Waters to a9orove the draft
oaf the official notice of sale and official statement to be
used in connection with $4.5 million General Obliqation bonds.
Series 1989. Second by Councilperson Clarke. The motion
carried, 8 ayes and 0 nays.
Nays:
CouncilpersonsWaters, Cooper, Matuszak, McLaughlin,
Shipp, Gay, Clarke and Mayor Malone
None
Ayes:
10. Council considered awarding a bid for plastic garbage bags.
Motion was made bv Councilperson Clarke to award the bid for
olastic qarbage baqs to Arrow Industries in the amount of $.54
oer oound. Second by Councilperson Cooper. Council indicated
that they preferred a garbage bag handout of two rolls per
customer. The motion to award the bid to Arrow Industries
carried, 8 ayes and 0 nays.
Nays:
Councilpersons Waters, Cooper, Matuszak, McLaughlin,
Shipp, Gay, Clarke and Mayor Malone
None
Ayes:
11. Council considered a consent agenda, as follows:
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Minutes, Regular Meeting, La Porte city council
June 12, 1989, Page 4
A. Consider awarding bid for concrete
B. Consider awarding bid for liquid chlorine
C. Consider awarding bid for stabilized sand and utility
bedding
D. Consider awarding bid for annual mowing contract
Motion was made bv Councilperson Waters to adopt the consent
agenda. Second by Councilperson Shipp. The motion carried,
8 ayes and 0 nays.
Nays:
CouncilpersonsWaters, Cooper, Matuszak, MCLaughlin,
Shipp, Gay, Clarke and Mayor Malone
None
Ayes:
13. Administrative reports: The City Manager asked that Council
take action on reactivating the Fire Code Review Committee,
possibly at the next Council meeting. He then asked Joel
Albrecht to introduce the new City Engineer. Mr. Albrecht
then introduced Steve Wenzel, and gave a brief summary of Mr.
Wenzel's background.
14. Councilpersons Waters, Cooper, Matuszak, McLaughlin, Shipp,
Gay, Clarke and Mayor Malone brought items to Council's
attention.
councilperson McLaughlin asked what the expected completion
date on the Sens Road bridge is~ Joel Albrecht replied that
it has a scheduled completion date of July 1.
Councilperson Clarke inquired what the hold up is on the
widening of Broadway. Mr. Albrecht replied that the
relocation of Southwestern Bell Telephone cables is still the
hold up, and according to Southwestern Bell they should be
completed with the relocation by the end of this month. As
soon as the lines are relocated, the other contractors are
ready to move in.
15. Council adjourned into executive session to discuss the
following: (A) meet with attorney to discuss BayMUD mobile
home municipal court cases; (B) meet with attorney(s)
regarding Houston Chemical Services, Inc.; (C) continue
discuss of appointments to various boards and commissions; and
under section 2 (E), discussion of agenda item 8. Council
returned to the table at 8:00 p.m.
Council then considered item 8: Consider ordinance adopting
permanent zoning for former BayMUD area.
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Minutes, Regular Meeting, La Porte City Council
June 12, 1989, Page 5
The Assistant City Attorney read: ORDINANCE 1501-J - AN
ORDINANCE AMENDING ORDINANCE NO. 1501, BY CHANGING THE
CLASSIFICATIONS OF THOSE CERTAIN PARCELS OF LAND HEREIN
DESCRIBED, SAID PARCELS BEING FORMERLY KNOWN AS THE BAYSHORE
MUNICIPAL UTILITY DISTRICT, ANNEXED BY THE CITY OF LA PORTE
ON DECEMBER 31, 1988; DIVIDING SAID NEWLY ANNEXED AREA INTO
DISTRICTS OF SUCH NUMBER AND AREA AS ARE DEEMED BEST SUITED
TO CARRY OUT THE REGULATIONS EMBODIED IN SAID ORDINANCE 1501;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT
ANY PERSON OR CORPORATION VIOLATING ANY OF THE PROVISIONS OF
ORDINANCE 1501 OR ANY AMENDMENTS THERETO, INCLUDING THIS
ORDINANCE, SHALL BE DEEMED GUILTY OF A MISDEMEANOR, AND UPON
CONVICTION, SHALL BE LIABLE TO A FINE NOT TO EXCEED $1,000.00,
WITH EACH DAY OF VIOLATION CONSTITUTING A SEPARATE OFFENSE;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
The City Attorney indicated that an amendment had been
proposed indicating that in the southmost tract of BayMUD,
that the Neighborhood Commercial line, the southernmost point
on Bay Oaks Drive east of Old Highway 146 be extended
southward, through the entirety one lot deep, of the
southernmost tract of BayMUD so that would be classified as
Neighborhood Commercial.
Motion was made bv Councilperson Waters to adoot Ordinance
1501-J as amended. Second by Councilperson McLaughlin. The
motion carried, 7 ayes, 0 nays, 1 abstain.
Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin,
Shipp, Clarke and Mayor Malone
Nays: None
Abstain: Councilperson Gay
Council reconvened into executive session at 8: 07 p. m. to
discuss executive item C, continue discussion of appointments
to various boards and commissions. Council returned to the
Council table at 8:53 p.m.
15. There being no further business to come before the Council,
the meeting adjourned at 8:53 p.m.
RS:::k~~
Sue Lenes, Assistant to the City Secretary
Passed & Approved this the
5th day of July, 1989
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Office of the Mayor
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On Jwr.e 1, 1863, PJtU.ident AbJr..a.ham Unc.oln
dec1.aJted .6lave6 tiJ be {ytee; and
WHEREAS, 0 n Ju.n.e 1 8, 1 863, T exa.6 .6laVe6 welte c.aUed t:o -theA.Jr.
~n6 and g.iven -theA.Jr. nJLeedom; and
WHEREAS, bla.c.k. c.ommun..U.-i.e6 t:hJwugholLt Texa.6 -tJr.a.cUti..ona1.i.y c.e1.e-
bltate June 19 a.6 "Ema.n.eipa.t.-Lon Vay", OJL "Jwr.eteenth", and .6.inc.e 1980 a
ha.6 been an onn.ic1.ai.. State hoUday; and
WHEREAS, dl.llUng :the week. on Jwr.e 16 -thJLough June 19, black.
c.i..ti..zen6 0 n La PoJz.te have .6 cheduled many acUv-U.i.e6 tiJ c.ei.ebltate Jwr.e:teent:h;
and
WHEREAS, -the CUy on La PoJz.te -i.A pMud 06 -the .6.igrU6.ic.a.n;t c.ontJU-
builo n6 made by Lt6 blac.k. c.i..ti..z en6 ; and
WHEREAS, U -i.A OWl. w-iAh tiJ lLec.ogrUze -the gJLeat .6:tJUde6 bla.c.k. people
have made tJvtOugh t:he YeJJ.JL6, .6 ometUne6 .6:tJLuggUng again6t: oVeJl.Whe1.min.g odd6,
tiJ gain -the equ.aU..ty :they de6 eltve and aJte en.tUled t:o.
NOW, THEREFORE, 1, NORMAN MALONE, MAYOR 0 n :the CU:.y 0 n La Pom,
do helteby pMc1.ahn -the week. On Jwr.e 16 t:Jvwugh 19, 1989, a.6
JUNETEENTH WEEK
.in :the CUy 06 La PolVte, and Wl.ge ctU.. cM-1.zen6 t:o pcvz.:Uc1.pa.te .in :the many
acUvilie6 .6c.heduled t:o c.ei.ebltate Jwr.e:teen:th.
1 N WITNESS WHEREOF, 1 have heM.unto .6 e:t my
hand and c.a.u6ed t:he Seal On :the Cay t:o be
a66.ixed helteto, :tJUJ., -the 12t:h day 06 Jwr.e,
1989.
CITY OF LA PORTE
NOJunan L. Malone, MayoJL
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NAME:
REOUES~OR CITY COUNCIL AGENDA IT~
Agenda Date Requested: JUNE 12, 1 g8q
Requested By: JOEL ALBREcHf\\~Department:
X Report ~\ Resolution
COMMUNITY DEVELOPMENT
X Ordinance
Exhibits:
1. Preliminary "BayMUD" Report & Attachments
2. Rezoning Ordinance #1501-J
3. Transparencies
4. Maps to be posted in Council Chambers
SUMMARY & RECOMMENDATION
SUMMA RY:
The Planning & Zoning Commission, at their April 27, 1989
Public Hearing and regular meeting, endorsed as an amendment to
the City's Comprehensive Plan, the Preliminary Report regarding
the newly annexed, former BayMUD area.
Using the report and public input as a guide, the Commission,
with staff assistance, developed three maps. The first two maps,
Land Use and Park/Conservation Zones, were approved by the
Commission at their April 27th meeting. The third map deals with
zoning and reflects the Commission's recommendations for the types
and placement of zoning districts within the newly annexed areas.
Council held a public hearing, as r'equired by ordinance, on
May 22, 1989 to considel' the proposed zoning map for the newly
annexed areas. At the close of the public hearing, Council tabled
proposed Ord. #1501-J to allow time for further consideration.
At the close of this agenda item the Council may: 1.) Approve
the proposed zoning map as is by adopting Ordinance #1501-J: 2.)
Approve the proposed zoning map with amendment.
The City is mandated by both the zoning ordinance and state
1 aw to ha ve pe rmanen t zon i ng in effec t no 1 ate r than June 28,
1989. The last date on which Council can act to approve permanent
zoning and meet the required deadline is June 12, 1989.
RECOMMENDATION.:
Approve Ordinance #1501-J as presented.
Action Required by Council:
1. Act on Ordinance #1501-J by:
A. Adoption
B. Adoption with amendment
Availability of Funds: N/A
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
Funds Available:
YES
NO
~oved for City Council Agenda
iliJl~_______________
Robert T. Herrera
City Manager
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DATE
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ORDINANCE NO. 1501-J
AN ORDINANCE AMENDING ORDINANCE NO. 1501, BY CHANGING THE
CLASSIFICATIONS OF THOSE CERTAIN PARCELS OF LAND HEREIN DESCRIBED,
SAID PARCELS BEING FORMERLY KNOWN AS THE BAYSHORE MUNICIPAL UTILITY
DISTRICT, ANNEXED BY THE CITY OF LA PORTE ON DECEMBER 31, 1988;
DIVIDING SAID NEWLY ANNEXED AREA INTO DISTRICTS OF SUCH NUMBER AND
AREA AS ARE DEEMED BEST SUITED TO CARRY OUT THE REGULATIONS
EMBODIED IN SAID ORDINANCE 1501; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; PROVIDING THAT ANY PERSON OR CORPORATION VIOLATING
ANY OF THE PROVISIONS OF ORDINANCE 1501 OR ANY AMENDMENTS THERETO,
INCLUDING THIS ORDINANCE, SHALL BE DEEMED GUILTY OF A MISDEMEANOR,
AND UPON CONVICTION, SHALL BE LIABLE TO A FINE NOT TO EXCEED
$1,000.00, WITH EACH DAY OF VIOLATION CONSTITUTING A SEPARATE
OFFENSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section I. The City Council of the City of La Porte hereby
finds, determines and declares that heretofore, to-wit, on the 27th
day of April, 1989, at 7:00 p.m. a Public Hearing was held before
the Planning & Zoning Commission of the City of La Porte, Texas,
pursuant to due notice, to consider the question of the possible
classification of the hereinafter described parcels of land that
formerly comprised the Bayshore Municipal Utility District, said
parcels of land being annexed by the City of La Porte on December
31, 1988, by Ordinance 1626 of the City of La Porte.
There is
attached to this Ordinance as Exhibit "A", and incorporated by
reference herein and made a part hereof for all purposes, a copy of
"Notice of Public Hearing" which the City Council of the City of La
Porte hereby finds was properly mailed to all owners of all
properties located within two hundred feet (200') of the properties
under consideration.
Section 2. The Publisher's Affidavit of Publication of not-
ice of said hearing is attached hereto as Exhibit "B", incorporated
by reference herein and made a part hereof for all purposes.
Section 3. Subsequent to such public hearing, the City of La
Porte Planning & Zoning Commission met in regular session on April
27, 1989, to consider the establishment of zoning classifications
for the area formerly known as the Bayshore Municipal Utility
District 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, embodied in the preliminary report of the Planning and
Zoning Commission, dated April 27, 1989, the original of which
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Ordinance 1501-J, Page 2
preliminary report is attached hereto as Exhibit "C", incorporated
by reference herein and made a part hereof for all purposes.
Section 4. On the 22nd day of May, 1989, at 6:00 P.M., a
public hearing was held before the City Council of the City of La
Porte, pursuant to due notice, to consider the question of the
possible classification of the areas that formerly comprised the
Bayshore Municipal Utility District. There is attached to this
Ordinance as Exhibit "0", incorporated by reference herein and made
a part hereof for all purposes, a copy of the "Notice of Public
Hearing" which the City Council of the City of La Porte hereby
finds was properly mailed to th~ owners of all properties located
within two hundred feet (200') of the properties under considera-
tion.
Section 5.
notice of said
incorporated by
The Publisher's Affidavit of Publication of
hearing is attached hereto as Exhibit "E", and
reference herein and made a part hereof for all
purposes.
Section 6. Subsequent to such public hearing, the City
Council of the City of La Porte reviewed the preliminary report of
the City of La Porte Planning and Zoning Commission, and all of the
evidence presented before it, and the City Council of the City of
La Porte hereby accepts the recommendation of the City of La Porte
Planning and Zoning Commission, and the zoning classifications of
the areas that formerly comprised the Bayshore Municipal Utility
District, now situated within the corporate limits of the City of
La Porte, are hereby changed, and the zoning classifications of
said parcels of land shall hereafter be as set forth on the zoning
map attached hereto as Exhibit "F", incorporated by reference
herein and made a part hereof for all purposes. The legal
description of said parcels of land are more particularly described
by metes and bounds on Exhibit "G", attached hereto and fully
incorporated by reference herein.
Section 7. The City Council officially finds, determines,
recites and declares that a sufficient written notice of the date,
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Ordinance 1501-J, Page 3
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
Civil Statutes Annotated; and that this meeting has been open to
the public as required by law at all times during which this
ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the
contents and posting thereof.
Section 8. Any person, firm or corporation in violation of
any of the provisions of this ordinance or by reference of
Ordinance No. 1501, the Zoning Ordinance of the City of La Porte,
or any amendments thereto, including this ordinance shall be deemed
guilty of a misdemeanor and upon conviction thereof shall be fined
in the sum not more than $1,000.00. Each day such violation
continues shall constitute a separate offense.
In case in building or structure is erected, constructed,
reconstructed, altered, repaired, converted or maintained, or any
building, structure, or land is used in violation of the general
law or the terms of this ordinance, the City of La Porte, in
addition to imposing the penalty above provided, may institute any
appropriate action or proceedings in court to prevent such unlawful
erection,
construction,
reconstruction,
alteration,
repair,
conversion, maintenance or use, to restrain, correct or abate such
violation, or to prevent the occupancy of such building, structure
or land, to prevent the illegal act, conduct, business or use, in
or about such land; and the definition of any violation of the
terms of this ordinance as a misdemeanor, shall not preclude the
City of La Porte from invoking the civil remedies given it by law
in such cases, including collection of reasonable attorney fees and
court costs, but same shall be cumulative of and in addition to the
penalties prescribed for such violation.
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Ordinance 1501-J, Page 4
Section 9. If any section, subsection, sentence, clause or
phrase of this ordinance is for any reason held to be invalid, such
decision shall not effect the validity of the remaining portions of
this ordinance, or Ordinance 150l or any amendments thereto,
including this ordinance.
Section 10. This Ordinance shall be effective fourteen (14)
days after its passage and approval. The City Secretary shall give
notice of the passage of this ordinance by causing the caption
hereof to be published in the official newspaper in the City of La
Porte at least twice within ten (10) days after the passage of this
ordinance.
PASSED AND APPROVED this ____ day of
, 1989.
CITY OF LA PORTE
By:
Norman Malone, Mayor
ATTEST:
By:
Cherie Black,City Secretary
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1/1
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 Planning and Zoning Commission will conduct a Public Hearing
at 7:00 P.M. on the 27th day of April, 1989, in the Council
Cha~bers of the City Hall, 604 West Fairmont Parkway, La Porte,
Texas. The purpose of the Public Hearing is to consider assignment
of permanent zoning classifications to the newly annexed areas
which formerly comprised the Bayshore Municipal Utility District.
A regular meeting will be held following the public hearing
for the purpose of acting upon the public hearing item by
considering a recommendation to the La Porte City Council and to
conduct other matters pertaining to the Planning and Zoning
Commission.
Maps showing the proposed zoning will be available for public
viewing at the City Hall of the City of La Porte, on week days
beginning April 17, 1989, between the hours of 8:00 A.M. and
5:00 P.M.
Citizens wishing to address the Commission 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
EXHIBIT A
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PUBLIC NOTICE, ' .,,:i,: ", '
flInTICE Of <;, ,
-PUBLIC HEARING ';..<
I~ a~ordance with the provisions of
Ordinance 150 1, the City of l.a Porte Zon-
ing Ordinance, notice. is tlereby giwllthat
th~ l;a, Po~e Planning and. Zoning pom-
miSSion will conduct a PUblic Hearing at
7:00 P.M. ~n the 27th day' of April;'1989, in
the Cou cll Chambers of the "City Hall, ...
604 We Fai nt ParkWlilY..l.a Porte. ~
!e s. ~ pur~ Se of Itle PublIc He,arlng ,
IS t co Ider slgnment of' pe/1l1soent
zo lassi catiofl'sto' the;' newly
annexed reas hich 'arm comprised
the Bay ore unlf'P8r tili District.
A regu r m ,Ii' ng ill b" e he ,I 101l\)W" Ing
,the public he ing fa the' ' . of act-
ing upon the ublic' m by con-
sidering a r omm' , . to the 'La.
Porte City Co. ncil a d to/conduct other .
malters . pertaining to tile Planning and i 1 S
Zoning Commission., ,",
. Maps showing the proposed zoning will '
be available for public viewing at the City
Hall 01 the City of l.a Porte, on week days
beginning April 17, 1989, between the
hours 01 8:00 A.M, and 5:00, P,M.
Citizens wishing to addreSS the Com-
mission pro or con during the Public Hear- the undersigned authori ty, on this date
ing will be required to' sign in. before the . '" ,~.
meeting is convened.. lred Sandra E. Bumgarner, duly authorized
CITY OF LA PORTE taYShore Sun, a semi-weeJ<:1y newspaper
Cherie Black
City Secretary, a. Porte, Harris County, Texas, and who
after being duly sworn, says the attached notice was
April 12, 1989"
published in The Bayshore Sun of
B
La Porte; Texas 77571
(713) 471-1234
~~.~~
Sandra E. Bumgarner
Office Manager
Sworn and subscribed before me this /~ day of
A.D. 19Rf.
/11 /if
~-d~C~'~ In. Y~-r"-<-7
Notary Public
Harris County,
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EXHIBIT
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PRELIMINARY REPORT REGARDING PERMANENT ZONING CLASSIFICATIONS
TO BE ASSIGNED TO PROPERTY ANNEXED INTO THE CITY OF LA PORTE
BY ORDINANCE #1626
EXHIBIT C
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FOREWARD
On December 12, 1988, the City of La Porte, by Ordinance 1626 (See
Exhibit A), annexed the former Bayshore Municipal Utility District
(BayMUD). This annexation became effective at 12:01 A.M., December
3 1 1 1 988 . As' r e qui red by C it y Z 0 n in g 0 r din a n c e 1 50 1, ate m p 0 r a r y
classification of R-1, Low Density Residential Zoning was assigned to
all property within the annexed area. In order to comply with the
requirements of both the Zoning Ordinance and State law, the City must
assign permanent zoning classifications to all property located within
the annexed area by a date, no later than 180 days following the
effective date of annexation. This date is June 28, 1989.
The assignment of zoning classifications cannot be made on an
arbitrary basis, nor can they be based solely on existing patterns of
land use. Zoning must rather, be based upon the Comprehensive Plan of
the City of La Porte. Integration of a newly annexed area into the
goals of the Comprehensive Plan is therefore the first prerequisite
for assigning permanent zoning to any newly annexed area.
At this point, it is appropriate to examine the relationship of
the City's Comprehensive Plan to the Zoning Ordinance. This can best
be done by a quoting from Article One of Ordinance #1501.
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The zoning regulations and districts as herein
established have been made in accordance with a
comprehensive plan for the purpose of promoting health,
safety, morals, and the general welfare of the City of
La Porte. They have been designed to lessen congestion
in the streets, to secure safety from fire and panic and
other dangers, to provide adequate light and air, to
prevent overcrowding of land, to avoid undue
concentration of population, and to facilitate the
adequate provision of transportation, water, sewage,
schools, parks, and public facilities. They have been
made to reasonable consideration, among other things,
for the character of the district, its peculiar
suitability for particular uses, and with a view of
conserving the value of building and encouraging the
most appr~priate use of land throughout the City (Sec.
1-200).
It is the policy of the City of La Porte that the
enforcement, amendment, and adrnin istrat ion of the
Ordinance be accomplished with due consideration of the
recommendations of the Comprehensive Plan as the Policy
established the City of La Porte Planning & Zoning
Commission and the City Council of the City of La Porte
respectively, to regulate land use and developments in
accordance with the policies and purposes her'ein set
forth (Sec. 1-300).
In keeping with these goals and principals, the Planning & Zoning
Commission, aided by the City Attorney's office and City Staff has
developed a plan for integrating the newly annexed BayMUD area into
the City of La Porte in a manner that will protect and enhance the
character of the area, serve the best interests of the entire City,
and maintain the Comprehensive Plan's status as a "living document"
which will continue to serve as a "template for future planning
decisions" (1984 Steering Committee report to City Council).
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The plan proposed by the Commission is comprised of three major
components. These are:
1. Land Use Plan (Exhibit B)
2. Parks & Recreation/Conservation Plan (Exhibit C)
3. Zoning Map (Exhibit D)
For the purposes of this report, the newly annexed territory has
been divided into four areas (See Exhibit E). The Comprehensive Plan
considerations which led to the presently proposed zoning
classification~ are discussed for each area.
AREA I
(See Exhibit E)
Area I is comprised of approximately 225 acres. The bulk of the
area, which is largely undeveloped, lies within an "A" flood zone.
This area is further characterized by the presence of relatively large
single ownership tracts.
Street ~.Thoroughfares:
Access to this property is limited to McCabe Road (secondary
arterial) and Highway 146 (Controlled Access highway). There are
presently no developed streets to provide access to the interior
sections of this area.
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Utilities:
Potable water is presently available to this area from three
points; McCabe Road, South Broadway, and the portion of the La
Porte/Shoreacres City limit line located to the south side of this
area. There is no interior water distribution system.
While sanitary sewer lines are presently located along McCabe
Road and South Broadway, these lines are already operating near
full capacity. Due to their age and condition they are subject to
major storm water infiltration during bad weather. There are
presently no sanitary sewer lines serving the interior sections of
this area.
While the sanitary sewer system serving this area may be
capable of accepting a limited amount of additional loading, it
cannot accept the amount of effluent which would be generated by a
large development.
Additional sanitary service which could serve both this area
and tracts located further north has been tentatively proposed.
Service would originate at a lift station to be located on McCabe
Road and proceed northward along the west side of the Bay Forest
Golf Course to the City's sewage treatment plant. As noted this
proposal is tentative and construction within the near future is
not foreseen.
As with potable water, fire protection (hydrants) is not
presently available to the interior sections of this tract.
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Parks_~_Recreation/Cons~rvation Areas:
The portion of Area I located west of Highway 146 is proposed
to be incorporated into existing park zone 8. There are no
existing or proposed areas of residential development located
within this park zone.
A pedestrian trail and small park (to be located at Powell
road and the planned extension of Wharton Weems) are proposed for
the original portion of Zone 8. A total of 18.8 acres are to be
devoted to this park/trail complex. No additional facilities are
proposed for the Zone 8 Extension.
The portion of Area I bounded by Highway 146 on the west and
Taylor Bayou on the east is proposed to be joined with Areas II &
III to comprise a new park zone which will be designated as Zone
18.
Proposed Zone 18 presently contains approximately 4.7 acres
of private park area (located in the Shady River, Bayside Terrace,
and Bay Oaks Subdivisions). In order to achieve the 1/22.3
residential zone/park ratio targeted by the Comprehensive Plan, an
additional 5.4 acres of park area will be required. The
additional park acreage is proposed to be achieved by development
of a pedes tr ian tra il and conse rv at ion ar'ea para llel ing Tay lor
Bayou and a small park to located by Taylor Bayou, south of McCabe
Road.
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LanJ;L Use _~._Zon:i,J1~
The following land use designations are proposed for Area I (See
Exhibit B).
1 . -M-i-d- - t(;) - f1,i g R - -D-ef}-sJ-tryr- -fl.e..s-.~;i~l-;- -w- -17e- -1 e eat e a - -ReF -tR- -&f - -t-he
-Shad-y.- - -R-:i:-v-e-r- - -SuM-~i-&i:-o-n- - ~ - -T-a-y-I-o-r- - -B-a-y.ou- - -and- - -Sou.th-
-B-r-O-a-d-w-a-y.-.- *
2. Low 12~n.sity Resid~lial; to be located between Taylor Bayou
and H'ighway 146.
3. Commercial; to be located immediately south of McCabe Road
between Highway 146 and Taylor Bayou.
4. Commercial/Industrial; to be located between Highway 146 and
the western City limit line.
~-H}fr-~~-H~gft-gefi5!~y-aes!gHa~!efl-~pe~esea-~~T-~~~
~~~~-~~--A~ea-~--w!ll-~-6s-~-exteHsieH-~--tfle-~~-te-~~r
~~~~~-des!gna~t~n-pr~~~~~~~--~~-fi~~~ft-~--Me&&~e-R~6e~--~~
R-<Yd"d- -w-h-:i:-c-ft' -i-3- -a- ~ -a-r-t-e-r-:i:-a-l- -c-onn-e-c-t~ ~i-r-ec-t-l-y- -t-o- -s-out-h- -Bf'-Oi3:(i-w-a-y-
(-a-~-a-~eeon~~r~-~~~~~-~-~he-~~~~-~-HtghwaY-1~~-~~~~l-1~
~ -It .t-ghw-ay- )- _ b 0 _ b he - w e ~ t -; - - !f he~ e- -r'~~-d-:5- -p-r-o-v-i-ti-e- -e-x-ee-3, ~ -en-t- -a-c-c-e-s-s- -t-o-
~~~-a~ea-and-~ho~l~-~~~~~~-~m~-e--t~-~~aff~e-generated-~~-~~
~~~y- ~i-trg- -d-ev-e-}op1ne1't-~. -I,
The additional parkland required for Zone 18 will be taken from
th i s area and wi II se rv e to bu ffer it from the prope rt y loca ted
immediately to the west which is proposed to be designated for
commercial development.
* PLEASE REFER TO APPENDIX A
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The portion of Area I located between Taylor Bayou's west branch
and Highway 146 is proposed to be designated as PUD. The underlying
land uses of Commercial and Low Density Residential will work in
conjunction with PUD Zoning to call for an integrated
commercial/single family residential development. Due to the lack of
streets and utilities on this property and the types of surround.ing
development, PUD controls should serve the City's best interests.
These controls will insure that sewer service is designed in a manner
which will be compatible with the City's proposed sanitary sewer
improvements i interior street circulation will be adequate and not
disrupt traffic flow patterns envisioned by the Comprehensive Plan;
and that development architectural standards are compatible and
complementary to those currently in effect in the adjacent Shady River'
Subdi,vision.
Finally, a PUD Zoning classification is proposed for the western-
most section of Area I, located between Hi.ghway 146 and the western
city limit line. Highway 146 is a major "gateway" to the City of La
Porte. As a gateway to the City, architectural standards as well as
efficient traffic flow patterns and utility design are critical to
both the appearance and operation of the City. Again PUD controls
appear to be the best tools for addressing these issues. As with the
r'est of Area I, this tract is a largely undeveloped and lacking in
interior streets and utilities. Given the underlying land use
designation of Commercial/Industrial and the previously discussed
factors, a zoning classification of PUD appears to be the best means
of achieving the goals of the Comprehensive Plan in this area.
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AREA II
(See Exhibit E)
This area, as indicated, is primarily comprised of the Shady River
Subdivision. This subdivision is approximately 68% built out. Also
located within this ar'ea are an apartment complex and approximately 14
commercial establishments.
Street & Thor'oughfares :.
Area II is primarily served by South Broadway (secondary arterial)
with McCabe Road (secondary arterial) serving as a connection to
Highway 146 (Controlled Access Highway). The apartment complex and
commercial establishments occupy relatively shallow tracts fronting on
South Broadway. Additional streets do not appear to be needed to
serve these developments. The Shady River street system is fully
developed and although the only access to the subdivision is from
South Broadway, the existing system appears adequate to meet the
subdivision's present needs.
There are three add i tional access streets which at present are
only developed as far as the subdivision perimeter. They are:
1. Silver Springs, to the north; it appears that this street is
intended to extend to McCabe Road as an additional
subdivision entrance.
2. Longleaf and Hollowtree Avenues to the west; these streets
appear to be intended to extend across Taylor Bayou to serve
as connections to possible future Area I developments.
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Discussion of whether or not to extend there str'eets Hould be
premature at this time. These decisions should be made as part of the
process of reviewing future Area I developments.
Utiliti~
As in Area I, potable water is readily available in this, area.
The sanitary sewer system although subject to the same problems
discussed in 'Ar'ea I, appears to be adequate to serve the limited
amount of future low density residential and commercial development
possible in Area II.
Although some upgrading of fire protection (fire Hydrants) may be
necessary to accommodate future commercial development, the small
compact size of the proposed commercial zone and the readily available
water supply should pr'event this_ from posing a serious development
obstacle.
ferks & Recreation/Conservati~n Areas:
Area II will comprise part of proposed park Zone 18. There are
two pr i v ate parks presen tl y loc ated in the Shady Rive r Subd i vis ion.
For additional discussion of Zone 18 parkland/conservation areas,
please refer to the Area I section of this report.
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Land Use & Zoning:
The land use design~tions proposed for Area II are as follows:
1. Low Density Residential
2. Mid to High Density Residential
3. Commercial
The Low Density designation is proposed to encompass the Shady
River Subdivision and be overlayed with a zoning classification of R-l
Low Density residential. The boundaries of this zoning district wil]
track the subdivision perimeter. Shady River is a stable, viable
subdivision, R-1 zoning overlaying a Low Density Land Use designation
is the only reasonable means of protecting the subdivision's
integrity.
A Mid to High Density Land Use designation overlayed with a zoning
class i ficat ion of R- 3, High Dens i ty Res i.dent ial is proposed for the
section of Area II occupied by the apartment complex. The R-3 zoning
classification is proposed to track this complex's property on the
north, west and sou th. To the east the zon ing d is tr ict w ill ex tend
across South Broadway to encompass apartment and townhome complexes
located in Area III. This zoning district will render these complexes
conforming uses while precluding their possible future expansion into
adjacent residential districts.
A land use designation of Commer'cial with an overlying N.C.
(Neighborhood Commercial) zoning classification is proposed for the
property south of the apartment complex. This area is bounded by the
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Preliminary Zoning
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Shady River Subd i v is ion to the wes t and south and South Broadway to
the east. This zoning district is presently occupied by three
commerc ial bu i ld ings and the re does appear to be room for 1 imi ted
expansion of these facilities.
It is felt that N.C. zoning is most appropriate type of Commercial
zoning for this area. This is due to the following facts.
1. The amount of developed and undeveloped residential property
in the area is sufficient to warr'ant a small commercial
district to serve neighborhood needs.
2. The concentration of General Commercial property and
development located further north on South Broadway and
Fairmont Parkway is sufficient to meet the City's needs for
the foreseeable future.
3. General Commerc ial deve lopment in this area wou Id tend to
draw a higher volume of traffic than is desirable for either
a residential area or a dead ended road such as South
Broadway.
4. A review of the City's zoning map reveals the spacing between
this proposed N.C. zone and the closest adjacent Commercial
zone is consistent with the arrangement of other Commercial
zones within the City.
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AREA III
(See Exhibit E)
Area III encompasses The Pine Bluff, Bayside Terrace and Bay Oaks
Subdivisions as well as three Apartment/townhome complexes,
approximately fourteen commercial establishments, the Bayshore
Elementary school and the private Beacon School.
Street & Thoroughfares:
Area III is primarily served by South Broadway (secondary
arterial). While Broadway provides adequate access to and from Area
II I, there are problems wi th inter ior subd i vis ion streets in th i s
area. Al though these problems are not limited to Bays ide Terrace,
they can be clearly seen in this subdivision, making it an excellent
example.
Bayside Terrace is a 285 lot subdivision Hhich, at present, is
approximately 70% built out. Bayside Drive provides the only access
to the subdiv ision at this time. All the north/south streets in
Bayside Terrace are platted as forty foot wide rights of way. The
actual surfaced width of a typical street often does not exceed twelve
to sixteen feet with the remainder of the right of way being devoted
to drainage ditches and utilities. Several homes in the older portion
of the subdivision are located very close to the right of way line.
Widening these streets in a safe and effective manner would involve
careful and extensive engineering as well as a very large capital
outlay by the City.
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Another street related problem faced by subdivision residents is
1 imi ted access to the Bayshore Elementary school. La Porte
Independent School District does not pr'ovide bus service to this
subdivision. As there are no communicating streets or easements
between Bayside Terrace and adjoj.ning subdivisions, children whose
parents cannot provide them ~/ith transportation are forced to walk out
of the subdivision and along South Broadway to reach Bayshore
Elementary.
As noted, 'street problems are not limited to Bayside Terrace. It
is only cited as a specific example of the typical types of problems
that will ultimately require the City's attention.
Uti lit i ~.~
The utility situation in Area III is much like that noted in the
Areas I & II sections of this report. Potable water is readily
available. Fire protection (fire Hydrants) and sanitary sewer, while
adequate for' curTent needs and able to support a limited amount of
add i t iona 1 low den s i ty deve lopment, are not capable of hand 1 ing a
major increase in demand. While this does not pose a serious problem
for Area III per se, the fact that this area shares a common sewer
system with Areas I & II causes sewer service to be a North BayMUD
problem. Any additional system loading originating in Areas I, II, or
III will impact the other areas as well.
For additional discussion of the sanitary sewer system, please
r'e fer to the Area I sec t ion of th is report.
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Parks & Recreation/Conservation Areas:
Area III is to be included in pr'oposed Park Zone 18. There are
currently three private subdivision parks located in Area III. Two
are located in Bayside Terrace and one in the Bay Oaks Subdivision.
There are no public or private park facilities located in the Pine
Bluff Subdivision.
For discussion of additional park facilities, please refer to the
Area I section of this report.
Land pse & Zoning:
The following land use designations are proposed for Area III.
1. Low Density Residential
2. Mid to High Density Residential
3. Commercial
The Pine Bluff Subdivision is proposed to be included in the Mid
to High Density land use area that currently runs from South "R"
Street southward through the Crescent View Subdivision. An overlaying
zoning classification of R-1, Low Density Residential is proposed for
Pine Bluff.
While the zoning and land use designations, on the surface appear
to be somewhat inconsistent with each other, they are based on long
term planning goals. The ultimate goal of the Comprehensive Plan is
to maximize use and enjoyment of the Bayfront area by encouraging mid
to high density residential development. This will require
redevelopment of neighborhoods which are nearing the end of their
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economic life. The resulting higher density developments will allow a
greater number of residents to benefit from the natural amenity of
Galveston Bay as well as nearby City recreational facilities. It must
be noted however, that simply zoning a tract of property as R-2 or R-3
will not automatically lead to desirable redevelopment. As noted in
previous sections of this report, the existing infrastructure
(streets, utilities, etc.) of much of BayMUD and "old" La Porte as
well requires upgrading and/or redesigning. Until either the City, or
a pr i. v ate deve loper is in the pos it ion to make these improv ernen ts,
redevelopment simply is not practicle.
The Mid to High Density land use designation therefore reflects
the long term goals of the Comprehensive Plan, while the R-1 zoning
classification provides the best means of property control in the
i.nterim period.
The proposed R-3 zone discussed in the Area II section of this
report will extend eastward across South Broadway to include the
apartment/townhome complexes located between Pine Bluff Road and the
souther'n boundary of the Bayside Terrace Subdivision. This zoning
district which is to overlay a Mid to High Density land use
designation will tr'ack the property lines of these complexes. This
zoning classification will render these developments conforming uses
while precluding the possibility of their future expansion into
adjacent residential districts.
A land use designation of Low Density Residential with an
over lay ing zon ing c lassi fic at ion of R-1 low dens it Y res ident ial is
proposed for both the Bayside Terrace and Bay Oaks Subdivisions.
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Bayside Terr'ace is a stable, viable single family neighborhood.
It shows every indication of remaining as such for the forseeable
future. Although there are neighborhood problems to be addressed, as
noted in the street and thoroughfare sect ion of th is report, the
subdivision itself should be protected and preserved. R-1 zoning with
underlying Low Density land use is the appropriate means for
accomplishing this end.
Al though the Bay Oaks Subd i v ision is subject to many of the
problems found in Pine Bluff, it is felt that R-1 zoning with
underlying Lo~ Density land use is the most appropriate designation to
be applied here. This opinion is held for the following reasons.
1. Bay Oaks is a deed restricted neighborhood and the
subdivision civic association is working to bring the
neighborhood back into compliance with subdivision covenants.
2. The subdivision is confined to a relatively narrow tract of
land and is sandwiched between Bayside Terrace which is
proposed to rema in as R-1 and the City of Shoreac res wh i ch
also has zoned its adjacent property for single family
dwellings.
After weighing these considerations, it is felt that R-1 zoning
with underlying Low Density land use will best serve to maintain the
character of the area and will still provide the tools necessary for
an upgrading of this neighborhood's quality.
A small Neighborhood Commercial (N.C.) zone with an underlying
commercial land use designation is proposed for the area located
between the southern boundary of Bayside Terrace and Bay Oaks Drive.
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Although this zone cannot be physically joined to the N.C. zone
proposed for Area II, its close proximity will allow the two zones to
function as a single N.C. area. For additional discussion on N.C.
zoning and Commercial land use, please refer to the Area II section of
this report.
AREA IV
(See Exhibit E)
There are two single family subdivisions, a townhome complex, one
sma 11 office bui ld ing and a t Y'ac t of pr imar i 1 Y undeveloped acreage
located within Area IV. This area i,s located south of the City of
Shoy'eacres and is completely seperated ft'om the Y'est of the former
BayHUD ar'ea.
S t r e e t & T !lQLQ1llihf.ill:.~-~
The western section of Area IV is acessed from South Broadway
(secondary arteri.al) which dead ends at the Port of Houston's Bayport
Turning Basin. The eastern section of this area can only be accessed
through the City of Shoreacres. Maps presently in the City's
possession indicate a proposed extension of Bay Colony Drive eastward
across Boggy Bayou to connect with North Avenue and South Broadway.
No plans have yet been made to extend this street. Access to the
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Preliminary Zoning
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westel~n portion of AI~ea IV is an issue whi,ch will requir'e future
consideration.
The interior streets serving the subdivisions located in this area
appear to be adequate to serve present needs.
Utilitt~~
Potable water is readily available throughout Area IV.
Fire
protection (fire hydrants) appears to be adequate for' present needs
but will require upgrading to accommodate future development taking
place outside ~he platted subdivisions.
The system of sanitary lines serving Area IV is independent of the
system serving the northern portion of the former BayMUD area. While
this system is capable of accepting furthel' loading from a limited
additional amount of low density development, due to its condition the
system is subject to serious infiltration of storm water during bad
weather. This factor restricts the amount of additional loading the
system is capable of accepting.
Future development to be located
outside tbe two plated subdivisi.ons located in Area IV is therefore
not practical until repair of upgrade of this system takes place.
Parks ~ Recreation/Conservation Areas~
A new Park Zone, Zone 19, is proposed to encompass Area IV. There
are presently two private subdivision parks located in this area, one
located west of Boggy Bayou in the Shady Oaks Subdivision, the other
located on Ga Iv es ton Bay in the Bay Colony Subd i vis ion. The tot a 1
area devoted to parkland comes to 2.8 act'es. Based on the
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approximately 123 residential
additional 2.7 acres would
acres located
in th is
area, an
be requ i red to
meet
the 1/22.3
pa rkl and/ res ident ial zone rat io requ ired by the Comprehensi ve Plan.
Addi tional parkland would have to be dedicated in the undeveloped
acreage proposed for PUD zoning.
Land Use/Zoning:
The land use designations proposed for Area IV are:
1. Low Density Residential
- -2-. - - -M-i-d- -w- -H-ig-h- -D-e-n-~~1;-y.. -Re-s-i-d-Em-t.j,..a-1- *
R-l, Low Density Residential zoning overlaying a Low Density
Residential land use designation is proposed for the Bay Colony
Subdivision.
These des ignat ion s will complete a patte rn of single
family development which begins with Bayside Terrace to the north,
extends through the City of Shoreacres, and terminates at the Bay Port
Turning Basin.
As with Bayside Terrace, Bay Colony is a stable, viable single
family neighborhood. It is also a deed restr'icted subdivision. These
factors justify maintaining the R-1 zoning presently in effect.
R-1 zoning with an underlying land use designation of Low Density
Residential is also proposed to be maintained in the Shady Oaks
Subdivision. The Shady Oaks Subdivision is characterized by, large
wooded lots, approximately 40% of which are undeveloped. There is a
very low degree of non conforming use located in this neighbor'hood.
These factors, when combined with the previously noted pattern of
*PLEASE REFER TO APPENDIX B
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single family development extending southward from Bayside Terrace
justify maintaining the R-1 status of this neighborhood.
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_~_~~~fl__as_~~_~~~__Y~~1~t1es_~_~~__w~1cn_~_in__~
-int~~-~~4~--ef--~~-~T~e~--a~-~~r-~-w~11--.~-~~~~~
~~~~-e~e~-~~&~,-a~eR4t€etHFaJ-~~r-p_~kl<<RQ-~~~~r
-a-n-d- -~ -t~ --&o-g-g-~ -B-a-y-ou-.- *
This concludes the preliminary report regarding zoning and
Comprehensive Plan issues regarding the newly annexed areas of La
Porte.
This report represents the best efforts of the Plann ing &
Zoning Commission, City Staff, and the City Attorney's office to
integrate into the City's Comprehensive Plan, this newest area of La
Porte.
*PLEASE REFER TO APPENDIX B
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Preliminary Zoning
Page 21
The La Porte Planning & Zoning Commission endorses this report as
ammended by appendices A & B as an appendix to the City's
Comprehensive Plan.
April 27, 1989
Respectfully Submitted,
Chairman, Planning& Zoning Commission
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ORDINANCE NO. 1626
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~AN ORDINANCE EXTENDING T~E CORPORATE LIMITS OF T~E CITY OF LA PORTE,
!I 'J'EXAS, TO EMBRACE AND INCLUDE TERRI'1'ORY WI'l'IIIN CERTAIN BOUNDARIES
1\: COMPRISING '1'IIE BAYSIIORE MUNICIPAL U'1'ILI'1'Y DISTRICT; ANNEXING '1'0 TilE
In.CI'l'Y OF LA PORTE, 'l'l~XAS, 'l'ERRITORY WI'1'IIIN SUCII BOUNDARIES; APPROVING
I;, II SE:RV ICE: PLAN FOR SUCII TERRITORY; MAKING FINDINGS AND O'l'lIER
It ,PROVISIONS RELA'1'ED '1'0 'rilE SUBJEC'1'; AND PROVIDING SAVING AND
\" SEVERABILITY CLAUSES.
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;' Rule Charter granting the City Council the power by ordinance to fix
DE IT ORDAINED BY TilE CITY COUNCIL OF TilE CITY OF LA PORTE:
Section 1.
'1'he City of La Porte has he(etofore adopted a lIome
the boundary limits of the City of La Porte and to provide for the
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I' extension
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I ~ territory
of said boundary limits, and the annexation of additional
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ii' conducted pursuant to the authority granted by said 1I0me Rule
;'11 Charter; by Article 1175, Revised Civil Statutes; and by the
i i Municipal Annexation Act oE 1963, compiled as Chapter 43, Texas
:I!Local Government Code, including, but not limited to, the authority
fi.,
II' to annex municipal utility district by a home-rule municipality,
I: contained in Section 43,072, Texas Local Government Code,
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lying adjacent to the City.
This annexation proceeding is
Section 2. The City Council oE the City of La Porte hereby
finds, determines and declares that the hereinafter described
territory is composed of two (2) tracts, one of which is adjacent
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contiguous to tho present city limits of the City oE La Porte,
,
.1' and
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the other o"'f which is not contiguous to the City of La Porte;
that said territory lies within the exclusive extraterritorial
; jurisdiction of the City of La Porte, and that the annexation of
~said territory to the City of La Porte will promote the general
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thealth, safety and welfare'of persons residing within the City and
h
l:within the hereinafter described territory,
"
Section], The City Council of the City of La Porte has
il:heretofore, on August 22, 1900, passed and approved Ordinance No.
\~ 1596, directing the City's Department of Community Development to
il!rrepare a Service Plan that provides Eor the extension of municipal
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~rservices to the area comprising the Bayshore Municipal Utility
:I:District, proposed to be annexed by the City of La Porte.
i~ The City Council oE the City of La Porte has heretofore, on
llr,september 12, 1900, passed and approved Ordinance No. 1602,
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: OHDINANC8 NO, 1626
Page 2
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: :approving a Service Plan for the extension of municipal services to
lIthe area comprising the Oayshore Municipal Utility District,
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" : proposed
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to be annexed by the City of La Porte, as prepared by the
~City'S Department of Community Development,
'I'he City Council of the City of La Porte has heretofore, on
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~October 10, 1900, passed and approved Ordinance No. 1609, declaring
,,: its intention to institute proceedings to annex the hereinafter
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!I;described territory, comprising the flayshore Municipal Utility
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I iDistrict.
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i'November 7, 1900, at the Bayshore 81ementary Cafetorium, 301 Bay
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l,oakS' La Porte, Texas, being a location within the territory
;proposed to be annexed, and on November 14, 1900, at the City lIall
i~OE the City of La Porte, at which public hearings all interested
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IHparties were given an opportunity to be heard, and the proposed
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'hService Plan was made available for public inspection and explained
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ll'ito the inhabitants of the Bayshore Municipal Utility District.
!iNotice of such public hearings was given by publication of Ordinance
II~o. 1609 in t'. Oay,'o,e Sun on Octobe, 26, 19.. and Nove.be, 2,
1'11900, said newspaper having general circulation in the City of La
J~~orte and in the ter~,.itory proposed to be annexed. Such notices and
i :hearings were afl in conformity with the Municipal Annexation Act of
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i i1963, codified as Chapter 43, Texas Local Government Code, as
Two public hearings were called, and were held on
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,: f.i_lO.c_"'-L'!.~~. 'I'he City Council of the City of: La Porte hereby
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: ;institutes annexation proceedings as to the following described
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i :territory, and the same is hereby declared annexed to the City of La
i:;porte, 'I'exas, and the boundary limits of the City of La Porte,
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j;TeX3S, be, and the name are hereby, extended to include the
l~follOwing described territory within the city limits of the City of
, ..
il:La Porte, and the game shall hereafter be included within the
, :.
! :territorial limits of the City of La Porte, and the inhabitants
: :thereof shall hereafter be entitled to all rights and privileges of
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! 'other citizens of the City of La Porte, and they shall be bound by
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i :lhe acts, ordinances,
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resolutions and regulations of the City of La
EXHIBiT A
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,[bnDINANCE NO. 1626
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lPorte, effective December
liannexation proceeding.
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31, 1980, the completion date of this
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:; Section 5. Subject to all sections of this ordinance, the
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i Icorporate limits of the City of La Porte, Texas, are hereby extended
I,ll to emh"ce aod lnclude all of the te"ito,y within the houndade,
I [set out in Exhibit "Il", which exhibit is attached hereto,
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,:incorporated herein by this reference and made a part hereof for all
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I ;purposes, and such territory is hereby annexed to and made a part of
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i ;.the City of La Porte, 'l'exas for general purposes, effective December
!'31,1900.
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Section 6,
A Service Plan for the territory within the
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i !boundar ies set out in [~xhibit "Il" is hereby approved as part of this
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: lordinance.
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i lattached hereto,
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!Irart hereof for all purposes,
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: !in anywise affect any other ordinance annexing territory to the City
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! of La Porte, or any other ordinance heretofore passed on one or more
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I readings and not yet passed on final reading, annexing any territory
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11':to the City of La Pocte, but such other ordinance or ordinances
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(liShal1 remain and continue to be effective to their intent and
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i:'purpose as therein stated, wholly unaffected in any way or manner by
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l,jthe passage of this ordinance. 'rhis ordinance shall not in anywise
! :be impaired or affected by any other ordinance heretofore introduced
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ljor passed on any reading, whether final or not; nor shall it be
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1 iafEected by any other ordinance which may hereafter be introduced or
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llpassed on one or more readings, pending the final passage of this
!I:ordinance; and this ordinance shall be effective to its intent and
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Irpurpose as hereinabove stated, wholly unaffected by any other
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i(a, nnexation ordinance introduced and passed or hereafter introduced
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I~and passed on any reading, whether final or not final, annexing
i~~erritory to the City of La Porte, and wholly unaffected by any
iliordinance heretofore or hereafter passed calling a hearing and
\~9~iVing notice relative to the institution of any annexation
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Such Service Plan is set out in Exhibit "A", which is
incorporated herein by this reference and made a
Section 7.
This Ordinance shall not repeal, impair, modify or
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;lpnDINANCI~ NO. 1626 Page 4
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l~)rOCeedings. The procedure initiated hereby and the annexation
l~roceedings instituted hereunder shall be independent of any other
i'l d d' . .
I propose and pen Ing annexatlon of such terrltory, and such other
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! proceedings shall not be a fected hereby.
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i i ~ec':.!:.~~. It is the intention of the City of La Porte, 'rexas,
i~nd its City Council to comply with all applicable provisions of the
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I City Charter and of the Constitution and Laws of the Federal
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i~overnment of the United States of America and the State of Texas,
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I~nd this ordinance shall be interpreted and construed in harmony
II [.:the rew i th.
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h: ~~ctio~. 'rhe City Council officially finds, determines,
i~recites and declares that a sufficient written notice of the date,
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IW~our, place and subject of this meeting of the City Council was
ll~osted at a place convenient to the public at the City Hall of the
ICitY for the time required by law preceding this meeting, as
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II (eqUired by the Open Meetings Law, Article 6252-17, Texas Revised
Civil Statutes Annotatedj and that this meeting has been open to the
II
i public as required by law at all times during which this ordinance
IWnd the subject matter thereof has been discussed, considered and
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i 'formallY acted upon, "'l'he City Council further ratifies, approves
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: ~nd confirms such written notice and the contents and posting
, t
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held unconstitutional,
Section 10,
Should any section or part of this ordinance be
illegal or invalid, or
the application
[thereof ineffective or inapplicable as to any territory, such
;unconstitionality, illegality, invalidity, or ineffectiveness of
,isllch section or part shall in no wise affect, impair or invalidate
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,;the remainlng portlon or portlons, t e same s a e an remaln In
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i ,fUll force and effectj and should this ordinance for any reason be
l:ineffective as to any part of the territory hereby annexed to the
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l ~ity of La Porte, such ineffectiveness of this ordinance as to any
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I such part or parts of any such territory shall not affect the
,Lffectiveness of this ordinance as to all of the remainder of such
l~territorY, and the City Council hereby declares it to be its purpose
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I [OHDINANCE NO. 1626
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I ita annex to the City of La Porte every part of the territory
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ij1escribed in Exhibit "D" of this ordinance, regardless of whether
! [any other part of such described territory is hereby effectively
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I ;annexed to the City,
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Illn the description of the territory set out in Exhibit "D" of this
i lordinance to be hereby annexed to the City of La Porte, any lands or
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ll~a(ea which are presently part of and included within the general
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i 'limits of the City of La Porte, or which are presently part of and
11
I tincluded in the limits of any other city, town, or village, or which
I ~are not within the jurisdiction or power of the City of La Porte to
I !pnnex, the same is hereby excluded and excepted from the ten itory
\ Ita be hereby annexed as fully as if such excluded and excepted area
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\ were expressly described herein.
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I 'Council of the City of La Porte to annex to the City of La Porte,
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i ~ll of the territory comprising the Dayshore Municipal Utility
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:IDiStrict,
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\Irnd approval, The annexation proceeding approved by this ordinance
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iishall be effective December 31, 1908,
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I t_ (/ bfL~_:kY~d-(~1:J
I IC i ~ Secretary
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I !L-6~~ cJ te;'i::vr;/
:City Attorney
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Page 5
Provided, further, that if there is included
It is the intention of the City
This ordinance shall be effective upon its passage
PASSED AND ~PPHOVED, this 12th day of December, 1900,
C l'rY OF LA POR'rE
BY I {'1U~ /' ~~
~~ L. Malone, Mayor
'EXHIBIT A
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EXHIBI'l' "A"
Page 1 of 4
SERVICE PLAN
POR
A TRACT OP LAND COMPRISING
TilE BAYSIIORE MUNICIPAL U'rILI'I'Y DIS'rRIC'r
!Ii
/\11, INTRODUC'rION
I" ----
it This Service Plan ("Plan") is made by the City of La Porte,
l~Texas ("City") pursuant to Section 43.056, of the Texas Local
I~Government Code ("Code"). This Plan relates to the annexation by
! the City of a tract of land ("Tract") comprising the Bayshore
'j'11MunlciPal Utility District. The Tract is described by metes and
",bounds on Exhibit "13" which is attached to this Plan and to the
!f:allnexat ion ordinance of which this Plan is a part.
I l~ I I. TERM; EPn~C'rIVE DATE:
I[ll This Plan shall be in effect for a term of ten years
lcommencing on the effective date of the annexation of the Tract.
l'Renewal of this Plan shall be at the discretion of the City. Such
i!opiton may be exercised by the adoption of an ordinance by the City
I]Council which refers to this Plan and specifically renews this Plan
i lfor a stated period of time.
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1:11[, SERVICE PROG~AMS
'III A, In General, '1'his Plan includes two service programs: (i)
! Ithe Early-Action Program, described below, and (ii) a Capital
i !lmprOvement Program, described below.
!
" 13, Scope and Quali~of Services. Services under this Plan
~ : sha 11 equal or exceed the numbe r of serv ices and the level of
! iservlces in existence in the Tract prior to annexation. However, it
i 'is not the intent of this Plan to require that a uniform level of
. 'services be provided to all areas of the City (including the Tract)
: :where differing char~teristics of topography, land utilization and
jlpopulation density are considered as sufficient basis for providing
l (''' f": :n" D::::~:O~:~" 1,.
\1' 1, As used in this Plan, providing services includes
:,'Iwvinq services provided by any methods or means by which the City
:'I:extends municipal services to any other area of the City. 'rhis may
I [include causing or allowing private utilities, governmental entities
: :and other public service organizations to provide such services, in
! Iwhole or in part.
I,
,: 2, As used in this Plan, the phrase "standard policies and
llprocedures. means those policies and procedures of the City
: lapplicable to a particular service which are in effect either at the
!1time that the service is requested or at the time that the service
1 [is made available or provided, 'rhe policies and procedures may
i:reguire that a specific type of request be made, such as an
I 'application or a petition. They may require that fees or charges be
! !paid, and they may include eligibility requirements and similar
1 iprovisions.
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I"': 1. Statutory_~~~~, The statutory services will be
!'provided within the 'l'ract witllln sixty days after the effective date
1\;Of this Plan, except as otherwise indicated. The statutory services
\,iare as follows:
'Ir
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D,
~~_~l--L.J\ction Program.
EXHIBrr A
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11 a. police Protection, The police Department of the
! ICity will provide protection and law enforcement in the Tract,
! !These activities will include normal patrols and responses, the
I ,fhandling of complaints and incident reports, and other usual and
I ,customary police services.
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!I b, Fire Protection. 'rhe Fire Department of the City
i :will provide fire protection in the Tract,
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I' c. Solid Waste Collection, Residential collection
! iservices will be provided by City forces. Non-residential services
'!and future residential service will be governed by standard policies
i lalld procedures.
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EXHIBIT "An
Page 2 of 4
d. Maintenance of Water and Wastewater Facilities.
1 "l'hose water and wastewater facilities included in the Capital
IllImprovement Program, below, will be maintained by an appropriate
Idivision of the Department of Public Works or, for a limited period
I iof time, by the Bayshore Municipal Utility District which is to be
!:dissolved. Should any extensions of such facilities be made within
lrthe 'I'ract, normal maintenance servcies will be provided.
ii'" e, Maintenance of Public Roads and Streets
I :UI1..~L~9_~Q..~~9.!:!.tingl, 'rhe Department of Public Works will provide
I~maintenance of roads and streets over which the City will have
ilijur isdiction, (See Capital Improvement Program, below.) 'l'he City
il'af l.a Porte will provide services relating to traffic control
"devices for such roads and streets, and will maintain existing
j'\1PUbliC street lighting for such public roads and streets through the
! :Houston Lightin & Power Company or by other means,
II
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i If, Maintenance of park~~~9.!-~l1nds and ~~imming
j :.~~~J_~. 'l'here are no existing Public Park facilities to be
. maintained. Should any such facilities be constructed by the City
I, within the Tract, the Department of Parks and Recreation will
!provide maintenance services for them.
11" '-. \0 f 0 I bl' I d ' I '
II; g. f:!.aL~t:.enance O' lIn'( t ler Pu ~_-owne r-:.~~!.-~
lij!!U_L.\:.~L~~9._~_rse~. Any other publlcly-owned facility, building,
jor service lncluded in the Capital Improvement Program, below, will
I~be maintained by an appropriate City department, as needed; unless
li'such publicly-owned facility, building, or service, is dedicated to,
'[owned by, or provided by other public agencies, Should any such
I:facilities, buildings or services be constructed or located by the
;i,City within the 'I'ract, an appropriate City department will provide
il~mailltenance services for them.
I':
II:: 2, Additional Services, Certain services, in addition to
j,;the statutory services, will be provided within the Tract to the
~s,ame eKtent they are provided to similar territories elsewhere in
,,'the City, 'l'hese are as follows:
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\~' a. Library services from existing facilities and
; :future facilities outside the 'rract,
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1;1 b. Health services in accordance with standard
I, " d d
I :fJOlicles an proce ures.
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I I c, Emergency rescue and ambulance services by the
."City's Emergency Medical Services Division, in accordance with
: istandard policies and procedures.
! i
i; d, Enforcement of City codes and ordinances.
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EXHIBIT A
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iI: 1. police Protection, police protection for the Tract can
I~be provided by using existing capital improvements. Additional
I capital improvements are not necessary at this time to provide
IPolice protection to the Tract. However, the Tract will be included
j: with other territory in connection with planning for new, revised or
i: expanded police faci 1 ities.
\ i,; 2, F'ir~ Protection. Fire protection for the Tract can be
i I provided by using existing capital improvements. Additional capital
I! improvements are not necessary at this time to provide fire
j I protection to the 'l'ract. lIowever, the Tract will be included with
IIPther territory in connection with planning for new, revised, or
I' expanded fire-fighting facilities.
, ,
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: I ), Solid Waste Collection. No capital improvements are
! l' necessary at this tr~to provide solid waste collection services
:' within the 'l'ract as described in the Early Action Program. However,
Ii the Tract will be included with other territory in connection with
It planning for new, revi~ed or expanded solid waste facilities.
! r 4, Water and Wastewater Facilities. Those water and
,il wastewater facTiities (including any under construction) owned by
. i Bayshore Municipal Utility District wi II be acquired by the City.
! : Vuture extensions of public water or wastewater facilities will be
I! yo~erned by standard policies and procedures, and the Tract will be
i! included with other territory in connection with planning for new,
!,'revised or expanded public water and wastewater facilities, With
I' respect to utility district facilities and utility district funds to
~I' be acquired the City will:
j : . '- It
i I a. assume all reasonable commitments and contracts
i: made by the district in the ordinary course of business prior to the
j I dis~olution of the district, conditioned upon sufficient capacity
"having been provided for by the district;
, '
! I b. assist the district with bond approval and sale for
Ii planned capital improvements which are in keeping with the City's
! i water and wastaewater systems;
,
! i c, expedite the approval of plans and bond
'I', applications in order to meet the time constraints imposed by
I.: annexation and the dissolution of the district;
: I, ,
;1: d. allow the district's residents and property owners,
I,: who have or would have contributed to the retirement of district
II; bonds prior to annexation, a reasonable opportunity to obtain the
': use of utility capacity of the district's bond funds have been used
Ii to pay for such capacity; and
1\
~ e. expend unobligated proceeds of the district's bonds
,: for projects which are consistent with the purposes for which the
II' proceeds may be lawfully used, which may include providing water,
I I wastewater or drainage services for residents and properties within
lit the boundaries of the annexed district, such projects to be
!)undertaken in a timely manner.
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EXHIBIT "A"
Page 3 of 4
E. Ca...ei.~~.-e.!OV~f!!en~~am. The City will initiate the
'construction or acquisition of capital improvements necessary for
providing municipal services for the Tract. Those improvements
which are necessary are indicated below, and any necessary
construction or acquisition shall begin within two years of the
,effective date of this Plan, except as otherwise indicated,
5. ~oads and Streets (i~~udi~~~~. In general,
City will acquire dominion, control, and jurisdiction in, over
under public roads and streets within the Tract upon annexation,
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EXHIBIT A.
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\ ~ursuant to art. 1175, V,A.T.S" and similar provisions, subject to
! ~he jurisdiction of other governmental entities. Additional roads,
I~treets or related facilities are not necessary at this time to
perve the Tract. Future extensions of roads or streets and future
I installation of related facilities such as traffic control devices
\ or street lights will be governed by standard policies and
I ~rocedures, The Tract will be included with other territory in
I connection with planning for new, revised, widened or enlarged
I roads, streets or related facilities.
ill, 6. Parks, Pl~9.rounds and Swimming Pools. These services
ll'can be provided-by usTng- exTsdng capltaT-Improvements, Additional
I papital improvements are not necessary at this time to provide such
llrervices to the 'rract. lIowever, the 'rract will be included with
lather territory in connection with planning for new, revised or
l~xpanded parks, playgrounds and swimming pools.
'II
I,. 7. Ot~er Public-!cY Own~d !~acilities, Ouil~)n~or Services;
1 !'_~!.L~ioQ.~LServlces. In general, other City functiOns and servlces;
\' find the addi t ional serv ices descr ibed above, can be provided for the
'rract by using existing capital improvements. 1I0wever, those
;dralnage facilities (including any under construction) owned by
i ~ayshore Municipal Utility District will be acquired by the City,
l~dditional capital improvements are not presently necessary.
!llowever, the Tract will be included with other terr itory in
~ connection with planning for new, revised or expanded facilities,
1 functions and services, "including the additional services described
1 ~bove.
II
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'I This Plan may not be amended or repealed except as provided by
: ,hili: Code or other cantrall ing law. Ne i ther changes in the methods
l'lor means of implementing any part of the service programs nor
~hanges in the responsibilities of the various departments of the
II City shall constitute amendments to this Plan, and the City reserves
! the r iqh t to make suc1nchanges, '1'h is Plan is subjec t to, and sha 11
I,be interpreted in accordance with the Code, the Constitution and
l~aws of the United States of America and the State of Texas, and the
!brders, rules anS regulations of governmental bodies and officers
~~Ving jurisdiction.
II~' FORCE MAJEURE
I Should a force majeure interrupt the services described herein,
1 ~'he City shall resume services under this Plan within a reasonable
II time after the cessation of the force majeure. "Force majeure", for
the purposes of this Plan, shall include, but not be limited to,
I hcts of God, acts of the public enemy, war, blockade, insurrection,
I ~iots, epidemics, landslides, lightning, earthquakes, fires, storms,
'I',f, loods, washouts, droughts, tornad,oes, hurricanes, arrests and
I restraints of government, explosions, collisions and any other
! inability of the City, whether similar to those enumerated or
l~therwise, which is not within control of the City.
lVI, ENTIRE PLAN
/i This document contains the entire and integrated service plan
I~~lating to the Tract and supercedes all other negotiations,
; representations, plans and agreements, whether written or oral.
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EXIIIBI'!' "A"
Page 4 of 4
~MENDMEN'!'; GOVERNING LAW
EXHIBIT A
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rl D~GINNING at the Southeast corner of the R.V. Whiteside 62.512
I'acre tract, located in the West right-of-way line of State Highway
I,NO. 146, said corner being also the Northeast corner of that certain
I,:,portion of Shore Acres Addition lying West of State Highway No. 146,
:and being approzimatedly 5,500 feet South and 5,950 feet East of the
1!,Northwest corner of the W.P. Harris Survey, Abstract 30;
I, '
i I, 'l'Il~NCE,North 09 deg, 59'45" West, al~ng the South l~ne of sa~d
(f'R,V. Whiteside 62.512 acre tract, same being the North line of said
l:shore Acres Addition, a distance of 5,516 feet, more or less, to a
I ipoint for corner in the East right-of-way line of the G.H. & S.A.
t'Rai1road, such point being the Northwest corner of said Shore Acres
I (,addition and the Southwest corner of said R.V. Whiteside 62,512 acre
\ 1 tract;
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I~; TIIENCE North 7 deg. 10'32" West, along said East right-of-way
I i:1 ine of the G.B. & S,A, Railroad, said line being along the West
I'J,lines, respectively, of the R.V. Whiteside 62.512 acre tract, the
II Halph Liles 52,12 acre tract, the Robert l~. Harris 107 acre tract,
I ;and the Charles E. McCabe 28 acre tract, and continuing along said
'East right-oE-way lin& of the G.II. & S.A, Railroad, a total distance
,.of 2,350 feet, more or less, to a point of intersection with a
,Westerly projection of the North right-of-way line of McCabe Road;
EXHIBIT "B"
Page 1 of 2
BOUNDARIES OF TWO TRACTS OP LAND
'1'IIE BAYSIIORE MUNICIPAL U'I'ILI'l'Y
AS DESCRIBED IN
VERNON'S TEXAS ANNOTATED CIVIL
ARTICLE 8200-268
COMPRISING
DISTRICT
STA'l'U'rES
'mAC'1' NO, 1
'I'HENCE in an Easterly direction with said Westerly projection
f:of said North right-of-way line of McCabe Road with said North
\1 right-of-way line, same being along the South lines of the B.P,
~:Weems 74 acre tract and Tidewood Addition, and continuing in the
['same Easterly direction across State Highway 146, a distance of
jl(5,950 feet, more or less, to a point of intersection with the East
t ,'[ ight-of-way line of!. .state Highway 146;
(\: '.
\ j' 'I'HENCE in a Southerly direction along said East right-of-way
11'1 ine of State 111ghway 146 a distance of 100 feet, more or less, to
il;the North line of Pine Bluff Addition;
llfl TIIENCE in an Easterly direction along said North line of Pine
1,',131uff Addition, a distance of 1,350 feet, more or less, to a point
l[lon the West Shoreline of Galveston Bay;
II',
\1'[':' 'l'lIENCE in a generally Southerly and Easterly direction along
J 'the meanders of the West Shoreline of Galveston Bay, same being
I ,along the East lines, respectively, of Pine Bluff Addition, nays ide
!'Terrace Addition and Bay Oaks Addition, and the W.M. Rose 1.00 acre
!I tract, a distance of 3,000 feet, more or less, to the southeast
Il'corner of said W.M, Rose 1.08 acre tract, same also being the
1.I,Northeast corner of Shore AC,res Addition;
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1\1,1, 'i'lIENCE in a Westerlydii:ection along the South lines of the
'W,M. Rose 1.08 acre tract, ,0.39 acre tract, and 0.280 acre tract,
I I same being along the North line of said Shore Acres Addition, and
I i continuing in the same Westerly direction, crossing State Highway
I r 146, a distance of 3,000 feet, more or less, to a point in the West
I \'riqht-of-way line of said State lIighway 146;
1.Ii 'I'HENCE in a Northerly direction along said West right-of-way
If,line of State Highway 146, a distance of 125 feet, more or less, to
,I the Southeast corner of the R.V. Whiteside 62.512 acre tract, the
\ ',point of beginning, said area lying wholly within the W.P. Harris
l',SlIrvey, Abstract,30, Harris County, 'l'exas, and containing 396 acres
11(' 0.62 squa'e m.les, m.,e ., less.
EXHIBIT A
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EXHIBIT "B"
Page 2 of 2
TRACT NO. 2
Ii
BEGINNING at the Northwest corner of Shady Oaks Addition in
~he East right-of-way line of state Highway 146, same being the
i?Outhwest corner of that certain portion of Shore Acres Addition
lying East of State Highway 146;
l THENCE Easterly along the North lines, respectively, of Shady
',Oaks Addition, the Lloyd T. Moody 14 acre tract and the J .G. Head
:~2.5 acre tract, the same being along the South line of Shore Acres
I~ddition, a distance of 6,200 feet, more or less, to a point on the
West Shoreline of Galveston Day;
:1 THENCE in a generally Southerly and Easterly direction along
the meanders of the West Shoreline of Galveston Day, same being
~long the East line of said J.G. Head 42.5 acre tract, a distance of
~,OOO feet, more or less, to the Southeast corner of the J.G. Head
,42,5 acre tract;
:1 THENCE Westerly with the South lines, respectively, of the J.G.
,Head 42.5 acre tract, the Lloyd T. Moody 14 acre tract, and Shady
Oaks Addition, same being along the North line of the Humble Oil and
~efining Company tract, a distance of 6,800 feet, more or less, to a
point in the East right-of-way line of State Highway 146, said point
being the Southwest corner of Shady Oaks Addition;
:\ THENCE Northerly a;ong the East right-of-way line of State
~ighway 146, same being the West line of Shady Oaks Addition, a
distance of 750 feet, more or less, to the Northwest corner of said
~hady Oaks Addition, the point of beginning, said area lying wholly
~ithin the W.P. Harris Survey, Abstract 30, Harris County, Texas,
.~nd containing lOa acres or 0.17 square miles, more or less.
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EXH\B\T B
NEWL Y ANNEXED
AREAS OF LA PORTE
LAND USE MAP
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LOW DENSITY RESIDENTIAL USES
MID TO HIGH DENSITY RESIDENTIAL USES
COMMERCIAL USES
COMMERCIAL INDUSTRIAL USES
INDUSTRIAL USES
PUBLIC USES
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CITY OF LA PORTE
OFFICIAL PARKS a RECREATION MAP
AREA ANNEXED BY ORD. 1626
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PUD PLANNED UNIT DEVELOPMENT J
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APENDICES A & B
TO THE
PRELIMINARY REPORT REGARDING PERMANENT ZONING CLASSIFICATIONS TO BE
ASSIGNED TO PROPERTY ANNEXED INTO THE CITY OF LA PORTE BY ORDINANCE
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APENDrx A
AREA I
(See Exhibit E)
The Planning & Zoning Conlmission, on April 27, 1989, amended the
Area I Land use designatj,ons 8S fo] lows:
The land use designation of the property located between the Shady
River Subdivision and McCabe Road has been changed from Mid to High
Density Residential to Low Density Residential (See Exhibit B1). This
tract is bounded by Soutrl BroadVlay to the east and Taylor Bayou
(western branch) to the west.
The Commisslon is now recommending an overlaying zoning
el assj fj cation of PUD for this tract (See Exhibi t D1). The PUD
cJassificatjon replaces the original staff recommendation of R-2, Mid
Dem,jt.y Residential.
The re a t'e no fu r t.he r' C}-18 nge s proposed for Ar'ea I.
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APENDIX B
AREA IV
(See Exhibit E)
The Planning & Zoning Commission,on April 27, 1989, amended the
land U8e designations within Area IV as follows:
The land use designation for the portion of Area IV lying between
the Shady Oaks and Bay Colony Subdivisions has been changed from Mid
to High Density Residentlal to Low Density Residential (See Exhibit
81)
The recommended zoning classification of PUD has not changed (See
Exhibit D1).
There are no further changes proposed for Area IV
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d SHOREACRES
R-2 MEDIUM DENSITY RESIDENTIAL ~
R- 3 HIGH DENSITY RESIDENTIAL
NC NEIGHBORHOOD COMMERCIAL ~
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COMMERCIAL
EXHIBIT B-1
DENSITY RESIDENTIAL USES
USES
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LOW
HIGH
DENSITY
RESIDENTIAL USES
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CITY OF .- LA PORTE
LAND USE PLAN
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THE STATE OF TEXAS )
COUNTY OF HARRIS )
CITY OF LA PORTE )
\
NOTICE OF PUBLIC HEARING r
<'
In accordance with the provlslons 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 22nd day'of May, 1989, in the Council Chambers of the City
Hall, 604 West Fairmont Parkway, La Por~e, Texas. The purpose of
the Public Hearing is to consider assignment of permanent zoning
classifications to the newly annexed areas which formerly
comprised the Bayshore Municipal Utility District.
Maps showing the proposed zoning are available for public
viewing at the City Hall of the City of La Porte on week days,
between the hours of 8:00 A.M. and 5:00 P.M.
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
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EXHIBIT D
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La pone,' Texas 77571
(713) 471-1234
B
re Sun
g~~:~'$. ~:~~__.._, J undersigned authority, on this date
carne and appeared Sandra E. Bumgarner, duly authorized
agent of The Bayshore Sun, a semi-weekly newspaper
published in L~ Porte, Harris County, Texas, and who
after being duly sworn, says the attached notice was
published in The Bayshore Sun of May 07, 1989
~~1,~~
Sandra E. Bumgarner
Office Manager
day of /n&:J-
C=~~(--<A? 1, ..-:idl<~
Notary Public
Harris County, Texas
Sworn and subscribed before me this /;;(
A . D. 19 ~9 .
EXHIBIT F~
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LEGEND
R- LOW DENSITY RESIDENTIAL
R-2 MEDIUM DENSITY RESIDENTIAL
R - 3 HIGH DENSITY RESIDENTIAL
NC NEIGHBORHOOD COMMERCIAL
PUD PLANNED UNIT DEVELOPMENT
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EXHIBIT "B"
Page I of 2
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BOUNDARIES OF TWO TRACTS OF LAND COMPRISING
THE BAYSHORE MUNICIPAL UTILITY DISTRICT
AS DESCRIBED IN
VERNON'S TEXAS ANNOTATED CIVIL STATUTES
ARTICLE 8280-268
TRACT NO. 1
BEGINNING at the Southeast corner of the R.V. Whiteside 62.512
acre tract, located in the West right-of-way line of State Highway' '
No. 146, said corner being also the Northeast corner- of that certain
portion of Shore Acres Addition lying West of State Highway No. 146,
and being approzimatedly 5,500 feet South and 5,950 feet East of the
Northwest corner of the W.P. Harris Survey, Abstract 30;
THENCE North 89 deg. 59'45" West, along the South line of said
R.V. Whiteside 62.512 acre tract, same being the North line of said
Shore Acres Addi~ion, a distance of 5,516 feet, more or less, to a
point for corner in the East right-of-way line of the G.H. & S.A.
Railroad, such point being the Northwest corner of said Shore Acres
addition and the Southwest corner of said R.V. Whiteside 62.512 acre'
tract;
THENCE North 7 deg. 18'32" West, along said East right-of-way
line of the G.H. & S.A. Railroad, said line being along the West
lines, respectively, of the R.V. Whiteside 62.512 acre tract, ,the
Ralph Liles 52.12 acre tract, the Robert F. Harris 107 acre tract,
and the Charles E. McCabe 28 acre tract, and continuing along said
East right-of-way line of the G.H. & S.A. Railroad, a total distance
of 2,350,.feet, more or less, to a point of intersection with a
westerly projection of the North right-of-way line of McCabe Road;
THENCE in an Easterly direction with said Westerly projection
of said North, right-of-way line of Mc~abe Road with said North
right-of-way line, same being along the South lines of the B.F.
Weems 74 acre tract and Tidewood Addition, and continuing in the
same Easterly direction across State Highway 146, a distance of
5,950 feet, more or less, to a point of intersection with the East
right-of-way line of State Highway 146;
THENCE in a Southerly direction along said East right-of-way
line of State Highway 146 a distance of 100 feet, more or less, to
the North line of pine Bluff Addition;
THENCE in an Easterly direction along s~id North line of Pine
Bluff Addition, a distance of 1,350 feet, more or less, to a point
on the West Shoreline of Galveston Bay;
THENCE in a generally Southerly and Easterly direction along
the meanders of the West Shoreline of Galveston Bay, same being
along the East lines, respectively, of Pine Bluff Addition, Bayside
Terrace Addition and Bay Oaks Addition, and the W.M. Rose 1.08 acre
tract, a distance of 3,000 feet, more or less, to the southeast
corner of said W.M. Rose 1.08 acre tract, same also being the
Northeast corner of Shore Acres Addition;
THENCE in a Westerly direction along the South lines of the
W.M. Rose 1.08 acre tract, 0.39 acre tract, and 0.288 acre tract,
same being along the North line of said Shore Acres Addition, and
continuing in the same Westerly direction, crossing State Highway
l46, a distance of 3,000 feet, mo~e or less, to a point in th~:West
right-of-way line of said State Highway 146;
,
THENCE in a Northerly direction along said West right-of-way
line of State Highway 146, a distance of 125 feet, more or less, to
the Southeast corner of the R.V. Whiteside 62.512 acre tract, the
point of beginning, said area lying wholly within the W.P. Harris
Survey, Abstract 30, Harris County, Texas, and containing 396 acres
or 0.62 square miles, more or less.
EXHIBIT G
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EXHIBIT "B"
Page 2 of 2
TRACT NO. 2
BEGINNING at the Northwest corner of Shady Oaks Addition in
the East right-of-way line of state Highway 146, same being the
Southwest corner of that certain portion of Shore Acres Addition
lying East of State Highway 146;
THENCE Easterly along the North lines, respectively, of Shady
Oaks Addition, the Lloyd T. Moody 14 acre tract and the J.G. Head
42.5 acre tract, the same being along the South line of Shore Acres
Addition, a distance of 6,200 feet, more or less, to a point on the
West Shoreline of Galveston Bay;
THENCE in a generally Southerly and Easterly direction along
the meanders of the West Shoreline of Galveston Bay, same being
along the East line of said J.G. Head 42.5 acre tract, a distance of
1,000 feet, more or less, to the Southeast corner of the J.G. Head
42.5 acre tract;
THENCE Westerly with the South lines, respectively, of the J.G.
Head 42.5 acre tract, the Lloyd T. Moody 14 acre tract, and Shady
Oaks Addition, same being along the North line of the Humble Oil and
Refining Company tract, a distance of 6,800 feet, more or less, to a
point in the East right-of-way line of State Highway 146, said point
being the Southwest corner of Shady Oaks Addition;
THENCE Northerly along the East right-of-way line of State
Highway 146, same being the West line of Shady Oaks Addition, a
distance of 750 feet, more or less, to the Northwest corner of said
Shady Oaks Addition, the point of beginning, said area lying wholly
within the W.P. Harris Survey, Abstrac'~ 30, Harris County, Texas,
and containing 108 acres or 0.17 square miles, more or less.
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OFF I C I A L NOT ICE 0 F S ALE
Dated June 21, 1989
Sale
of the City of La Porte will receive sealed bids until 6,30 p.m.,
9 in the Council Chambers of the City Hall, 604 W. Fairmont Parkway,
77571 on the fOllowing'
DESCRIPTION OF GENERAL OBLIGATION BONDS
$4,550,000
CITY OF LA PORTE, TEXAS
(Bar,rh County)
GENERAL OBLIGATION BONDS
SERIES 1989
The Bonds will be dated July 15, 1989 and interest on the Bonds will be due on
February 15, 1990, and each August 15 and February 15 thereafter until the earlier of
maturity or prior redemption. The Bonds will be iasued in fully registered form in
integral multiples of $5,000, and principal and semiannual interest will be payable by
First City, Texas-Houston, N.A., Houston, Texas, the paying agent/registrar (the
"Registrar") . Principal of the Bonds will be payable to the registered owner at
maturity or redemption upon presentation of such Bonds to the Registrar. Interest ~n
the Bonds will be payable by check, dated as of the interest payment date, and mailed
by the Registrar to registered owners as shown on the records of the Registrar as of
the last business day of the month next preceding each interest payment date.
Maturity Schedule
The Bonds will mature serially on February 15, $225,000 each year 1991 through 2008,
and $250,000 each year 2009 and 2010.
Optional Provisions
All Bonds maturing on,or after February 15, 2001 are optional for redemption in whole
or in part on February 15, 2000 or any date thereafter at par and accrued interest to
the date fixed for redemption. If less than all of the Bonds are redeemed at any
time, the particular Bonds to be redeemed shall be selected by the City in integral
multiples of $5,000 within anyone maturity. The registered owner of any Bond, all or
a portion of which has been called for redemption, shall be required to present same
to the Registrar for payment of the redemption price on the portion of the Bond so
called for redemption and a new Bond in the principal amount equal to the portion of
such Bond not redeemed will be issued to such registered owner'.
Authorization
The Bonds are the second installment sale out of $15,550,000 General Obligation Bonds
approved at an election held on June 15, 1985 by a majority of the votes cast as
follows:
Amount
Purpose
For
Against
$ 2,500,000-
3,000,000
4,000,000_
2,500,000
1,500,000
550,000
1,500,000
$15,550,000
Street Improvements
Drainage Improvements
Sanitary Land Fill
Park Improvements
Gymnasium
Fire Station
Fire Department Training Facilities
514
591'
589
500
421
576
480
302
232
230
320
397
246
340
.
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Use of Proceed.
The proceed. from the sale of the Bond. will be used as follow.,
Amount
Purpose
$2,500,000
1,050,000
1,000,000
Purchase of site for Sanitary Land Fill
Construct a Fire Department Training Facility
Street Improvements
$4,550,000
After the issuance and sale of the Bonds, the Ci ty will have $6,100,000 General
Obligation Bond. authorized but unissued.
Security
The.e Bond. will, in the opinion of Coun.el, constitute valid and legally binding
obligation. of the City of La Porte, Texa., payable from and secured by a continuing
levy of ad valorem taxes against taxable property located in the City within the
limits prescribed by law.
LegaIi ty
Attorney General of the State of Texas and McCall, Parkhur.t ~ Horton, Bond Counsel,
Dallas and San Antonio, Texas.
PaYlllent Record
The City has not defaulted on General Obligation Bond. in more than forty-nine year..
BIDDING CONDITIONS
Address of Bids
Bids should be in sealed envelopes plainly marked "Bid for Bonds. addressed to the
Mayor, City of La Porte, 604 W. Fairmont Parkway, La Porte, Texas 77571.
Delivery of Bids
Bids should be mailed or delivered so that they arrive not later than 6:30 p.m., COST,
July 5, 1989. For convenience of bidders, bids may be delivered to Moroney, Beissner
& Co., Inc., Suite 1865 Post Oak Central, 2000 Post Oak Boulevard, Houston, Texas
77056, agent for the CitYI and, if delivered not later than 5:00 p.m., COST, July 5,
1989, will be deemed to have been delivered to the City in accordance with the terms
of this .Official Notice of Sale." Bids so delivered will not be opened except by the
City Council of the City of La Porte and will not be opened prior to 6:30 p.m., COST,
July 5, 1989.
No Bid From the Financial Advisor
Under the terms of the contract with Moroney, Beissner ~ Co., Inc., Financial Advisors
to the City, it is agreed and understood that Moroney, Beissner ~ Co., Inc. shall
not be permitted to purchase any Bonds from the City nor have any interest directly or
indirectly, in the original purchase and sale of the Bonds, except as Agent for the
City. As Financial Advisors to the City, Moroney, Beissner ~ Co., Inc. will be paid a
fee based upon a percentage of the principal amount of bonds actually sold and
delivered, which fee is contingent upon such sale and delivery.
Type of Bids and Interest Rates
All bids must be submitted on the Official Bid Form enclosed herewith without change.
The Bonds wi 11 be sold in one block, all or none, at a price of not less than par
value plus accrued interest from date of Bonds to date of delivery. Bidders are
requested to specify the rate or rates of interest that the Bonds will bear, however,
the net effective interest rate on the Bonds calculated pursuant to Article 7l7k-2,
Vernon's Annotated Texas Statutes (V.A.T.S.), as amended, shall not exceed 15\. There
is no limit on the number of interest rates that may be named, however, all Bonds
maturing on the same date must bear interest at one and the same rate. Interest rates
must be in multiples of 1/8 or 1/20 of 1\. The spread between the highest and lowest
interest rates named may not exceed 2\ in rate. Bids providing for zero or
supplemental interest rates will not be considered.
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Award of Bond.
For the purpose of awarding the Bonds, the interest cost of each bid will be computed
by determining, at the interest rate or rates specified therein, the total dollar
amount of all intere.t on the Bond. from the date of the Bonds to their respective
maturitie., and deducting therefrom the premium bid, if any. In the event of an error
in intere.t co.t calculationa, the intereat ratea named in the Official Bid Form will
govern. The Ci ty agree. to ei ther award the Bonda on the .ale date to the bidder
who.e bid on the above computation produce. the lowe.t inter..t co.t to the City and
ia in .trict accordance with the bidding condition. of this Official Notice of Sale or
reject all bid. end readverti.e the Bonda for competitive bid.. No award will be made
to any bidder bidding on terma and oondition. not in atrict conformity with thia
Official Notice of Sale.
Initial Offering Price Certificate
The purcha.er agree. to execute and deliver to the City prior to the delivery of the
Bond. the Initial Offering Price Certificate in the form attached a. Exhibit A to the
Official Notice of Sale.
Good Faith Depo.it
Each bid mu.t be .eoured by a 00015 ..aith Depo.it in the form of a aanle OertiUeeS or
Bank Ca.hier'. Checle in the amount of $91,000 payable to the City of La Porte, Texa..
The Good Faith Depoa1t may accompany the Official Bid Form or it may be .ubmitted
separatelYf if .ubmitted separately, it .hall be made available to the payee prior to
the opening of the bid. and .hall be accompanied by in.truction. of the bank on which
drawn, which authori.e. it. uae a. a OooeS Faith Depoait by the .uooe..ful bideSer (the
Hpurcha.er") who .hall be named in .uch in.truotion.. The check of the purcha.er will
be retained by the City to a..ure performance of the contract on the part of the
Purchaaer. In the event the Purcha.er ahould fail or refuae to take up and pay for the
Bonda in accordance with hi. bid, then .aid check will be cashed and accepted by the
City a. full and complete liquidated damage.. Otherwi.e, the Good Faith Check will be
returned to the purcha.er upon the delivery of and payment for the BoneSa. No inter eat
will be paid by the City on the Good Faith Deposit. The checlea of the uneucceaaful
bidders will be returned after award of the Bonds is made.
DELIVERY OF THE BONDS AND ACCOMPANYING DOCUMENTS
CUSIP Numbers
It is anticipated that CUSIP identification numbers will be printed on the Bonds, but
neither the failure to print such number on any Bond nor any error with respect
thereto shall consti tute cause for a fai lure or refusal by the Purchaser to accept
delivery of and pay for the Bonds in accordance with the terms of this Official Notice
of Sale and the terms of the Official Bid Form. All expenses in relation to the
printing of CUSIP numbers on the Bonds shall be paid by the CitYf provided, however,
that the CUSIP Service Bureau charge for the assignment of the numbers shall be the
responsibility of and shall be paid for by the Purchaser.
Delivery of Initial Bonds
Delivery of the Bonds will be accomplished by the issuance of one Bond for each
maturity (the Hlnitial Bonds"), either in typed or printed form, in the aggregate
pr incipal amount of $4,550,000, payable to the Purchaser, signed by the manual or
facsimile signatures of the Mayor and City Secretary, approved by the Attorney
General of the State of Texas, and registered, and manually signed by the Comptroller
of Public Accounts of the State of Texas. Delivery (the "Initial DeliveryH) will- be
at the corporate trust office of the Registrar. Payment for the Initial Bonds must be
made in immediately available funds for unconditional credit to the City, or as
otherwise directed by the City. The Purchaser will be given five (5) business days'
notice of the time fixed for delivery of the Initial Bonds. It is anticipated that
Initial Delivery can be made on or about July 27, 1989 and it is understood and agreed
that the Purchaser will accept delivery and make payment for the Initial Bonds on July
27, 1989, or thereafter on the date the Initial Bonds are tendered for delivery, up to
and including August 17, 1989. If for any reason the City is unable to malee delivery
on or before August 17, 1989, then the Ci ty shall immediately contact the Purchaser
and allow the Purchaser to extend his offer for an addi tional thirty days. If the
Purchaser does not elect to extend his offer within six days thereafter, then the Good
Faith Deposit will be returned, and both the City and the Purchaser shall be relieved
of any further obligation.
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Exchange of Initial Bonds
If the Purchaser furnishes to the Registrar, at least five days prior to the Initial
Delivery, written instructions designating the names in which Bonds are to be
regi.tered, the addres... of the regi.tered owner., the maturitie., interest rate. and
denominations of such Bonds, the Registrar shall, on the date of initial delivery,
authenticate and deliver in exchange for the Initial Bonds, Bonds registered in
accordance with such instructions in an aggregate principal amount equal to the
aggregate principal amount of the Initial Bonds submitted for transfer or exchange.
Tax Exemption
The delivery of the Bonds is subject to an opinion of McCall, Parkhurst " Horton,
Dallas and San Antonio, Texas, Bond Counsel, to the effect that interest on the Bonds
i. excludable from gro.s income for federal income tax purposes under existing law and
that the Bond. are not private activity bonds. See "TAX MATTERS" in the OfUcial
Statement for a complete description of Bond Counsel's opinion.
Qualified Tax Exempt Obligation.
The delivery of the Bond. is also subject to an opinion of Bond Coun.el that the Bond.
are "qualified tax exempt obligations," within the meaning of Section 265 of the Code,
for purposes of computing the di.allowance of interest expense allocable to inter.st
on the Bonds for financial institutions. See "QUALIFIED TAX EXEMPT OBLIGATIONS" in
the Official Statement for a complete description of Bond Counsel's opinion.
Legal Opinion
The City will furni.h without cost to the Purchaser a transcript of certain certified
proceeding. had incident to the issuance and authorization of' the Bonds, including a
certiUed oopy of the approving legal opinion of the Attorney General of Texas, as
recorded in the Bond Register of the Comptroller of Public Account. of the State of
Texa., to the effect that the Attorney General of Texas has examined a transcript of
prooeeding. authorizing the issuance of the Initial Bond., and that ba..d on .uch
examination the Bonds are valid and legally binding obligations of the City, and based
upon an examination of such transcript of proceedings, the legal opinion of McCall,
Parkhurst " Horton, Bond Counsel, Dallas and San Antonio, Texas, to a like effect
(subject as to the enforcement to the applicable bankruptcy, moratorium and sillilar
laws applicable to creditors' rights generally from time to time in effect). The
opinion of McCall, Parkhurst " Horton wi th respect to the tax exemption of the
interest on the Bonds is described under the caption "TAX MATTERS" in the Official
Statement.
Such opinion of McCall, Parkhurst" Horton is expected to be reproduced on the back of
the Bonds over a certification by the facsimile signature of the City Secretary
attesting that the opinion was dated as of the date of delivery of and payment for the
Bonds, and that the copy is a true and correct copy of the original opinion, however,
the failure to print such opinion on any Bond shall not constitute cause for failure
of or refusal by the Purchaser to accept delivery of and pay for the Bonds. The legal
fee to be paid McCall, Purkhurst " Horton for services rendered in connection with the
issuance and sale of the Bonds is calculated on the basis of a percentage of the Bonds
actually issued, sold and delivered, and payment of such fee is contingent on the sale
and delivery of the Bonds.
No Litigation Certificate
The City will furnish without cost to the Purchaser a Certificate signed by the Mayor
and City Secretary which will recite, among other things, that no litigation of any
nature has been filed or is now pending to restrain or enjoin the issuance or delivery
of the Bonds or which would affect the provision made for their payment or security,
or in any other manner questioning the proceedings or authority concerning the
issuance of the Bonds, and that so far as is known and believed, no such litigation is
threatened.
Certification as to Official Statement
At the tille of payment for and delivery of the Bonds, the City will furnish the
Purchaser a certificate signed by the City Manager and the Director of Finance acting
in their official capacities, to the effect that the Official Statement has been
authorized and approved by the City Council, and to the best of their knowledge and
belief after reasonable investigation I (a) neither the Official Statement nor any
amendment or supplement thereto contains any untrue statement of a material fact or
omits to state any material fact necessary to make the statements therein, in light of
circumstances in which they were made, not lIisleading, (b) since the date of the
Official Statement no event has occurred which should have been set forth in an
amendment or supplement to the Official Statement which has not been set forth in such
'I
amendment or
operation or
e
supplementr and (c) there haa
financial affairs of the City
e
not been any material adverae change in the
since the date of such Official Statement.
GENERAL
Future Regiatration
The Bonda may be transferred, registered and assigned only on the regiatration booka
of the Registrar, and auch registration and transfer shall be without expenae or
aervice charge to the owner, except for any tax or other governmental chargea required
to be paid with reapect to auch regiatration and tranafer. A Bond may be aaaigned by
the execution of an aasignment form on the Bonda or by other inatrument of tranafer
and aaaignment acceptable to the Regiatrar. A new Bond or Bonda will be delivered by
the Regiatrar in lieu of the Bond being tranaferred or exchanged at the principal
office of the Regi.trar. To the extent po..ible, new Bond. i..ued in an exchange or
tran.fer of Bond. will be delivered to the regi.tered owner or aaaignee of the owner
in not more than three (3) buaine.. day. after the receipt of the Bonda to be
cancelled in the exchange or transfer and the written instrument of transfer or
request for exchange duly executed by the owner or his duly authorized agent, in form
sati.factory to the Registrar. New Bond. regi.tered and delivered in an exchange or
tran.fer .hall be in denomination. of $5,000 or any integral multiple thereof for any
one maturity and for a like a9gregate principal amount a. the Bond or Bonda
.urrendered for exchange or transfer.
Limitation on Tranafer or Exchange of Bond.
Neither the City nor the Paying Aient/Regi.trar ahall be required to tranafer or
exchange any Bond during the period of fifteen (15) day. next preceding any intereat
date or to transfer or exchange any Bond during the thirty (30) day period prior to
the date fixed for the redemption of such Bond or Bonda.
Succeaaor Paying Agent/aegiatrar (the "Regiatrar")
provision is made in the ordinance authorizing the issuance of the Bonds (the "Bond
Ordinance") for replacement of the Registrar. If the Registrar is replaced by the
City. the new Registrar shall accept the previous Registrar's records and act in the
same capacity as the previous Registrar. Any Registrar selected by the City shall be
either a national or state banking institution and shall be a corporation organized
and doing business under the laws of the United States of America or of any State.
authorized under such laws to exercise trust powers, and subject to supervision or
examination by Federal or State authority. Successor Registrars, if any, shall be
determined by the City.
Record Date
The record date ("Record Date") for the interest payable on any interest payment date
is defined as the last business day of the month next preceding such interest payment
date.
Not an Offer to Sell
This Official Notice of Sale does not alone constitute an offer to sell the Bonds.
This Official Notice of Sale. the Official Bid Form and the Official Statement
collectively constitute the offer to sell the Bonds. Prospective purchasers are urged
to carefully examine the Official Statement and to make other investigations they deem
necessary to determine the investment quality of the Bonds.
Responsibility for Qualification of Bonds for Sale in Respective States
The offer and sale of the Bonds have not been registered or qualified under the
Securities Act of 1933. as amended. in reliance upon the exemptions provided
thereunder. The Bonds have not been registered or qualified under the Securities Act
of Texas in reliance upon various exemptions contained therein. nor have the Bonds
been registered or qualified under the securities acts of any other jurisdiction.
Neither the City nor Moroney. Beissner r. Co., Inc. assumes any responsibility for
qualification of the Bonds under the securities laws of any juriSdiction in which the
Bonds may be sold, assigned. pledged, hypothecated or otherwi se transferred. This
disclaimer of responsibility for qualification for sale or other disposition of the
Bonds shall not be construed as an interpretation of any kind with regard to the
availability of any exemption from securities registration provisions.
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Additional Copies
Additional copies of the Official Notice of Sale, Official Statement and Official Bid
Form may be obtained from Moroney, Beissner ~ Co., Inc., Suite 1865 Post Oak Central,
2000 Post Oak Boulevard, Houston, Texas 77056.
NORMMl MALONE, MAYOR
CITY or LA PORTE, TEXAS
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APPENDIX A
INITIAL OFFERING PRICE CERTIFICATE
The
$4,550,000,
"Bond.") I
undersigned
City ot La
hereby
Porte,
certifies as follows with
Texas, General Obligation
respect to the .ale ot
Bond., Series 1989 (the
1. The under.igned i. the underwriter or the manager ot the .yndicate
ot underwriter. which has purchased the Bond. trom the City ot La
Porte, Texa. (the "City") at competitive sale.
2. The initial offering price to the public (expressed as a
percentage ot principal amount and exclu.ive ot accrued interest)
tor the Bond. of each maturity and at which a substantial amount
of the Bonds of such maturity was sold to the public is as set
forth belowl
Principal Amount
Maturing Year ot Maturity OUering Price ,
$225,000 1991 ,
225,000 1992 ,
225,000 1993 ,
225,000 1994 ,
225,000 1995 ,
225,000 1996 ,
225,000 1997 ,
225,000 1998 ,
225,000 1999 ,
225,000 2000 ,
225,000 2001 ,
225,000 2002 ,
225,000 2003 ,
225,000 2004 ,
225,000 2005 ,
225,000 2006 ,
225,000 2007 ,
225,000 2008 ,
250,000 2009 ,
250,000 2010 ,
3. The undersigned and/or one or more other members of the
underwriting syndicate, if any, have made a bona fide offering to
the public of all of the Bonds of each maturity at the initial
offering price to the public, as set out above.
4. The term "public", as used herein, means persons other than
bondhouses, brokers, dealers, and similar persons or organizations
acting in the capacity of underwriters or wholesalers.
5. The offering prices described above reflected current market
prices at the time of such sales.
6. The undersigned understands that the statements made herein will
be relied upon by the City in complying with the conditions
imposed by the Internal Revenue COde of 1986 on the exemption of
interest on the Bonds from the gross income of their owners.
EXECUTED and DELIVERED THIS
, 1989.
(Name of Underwriter or
Manager)
By
Title
rl
_FPICIAL
BID
P 0 R M
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Honorabl. Mayor and City council
City of La Port.
La Porte. Texal
Mayor and Members of the City Council,
This bid is lubmitted under the bidding conditions of your Official Notice of
Sale dated Jun. 21. 1989 of $4.550.000 City of La Porte. Texal. General Obligation
Bondi. Seri.s 1989. the terml and conditions of which Official Notic. of Sale are
made a part hereof.
Por your legally illued $4.550.000 of Bonds. al described in laid Official Notic.
of Sal.. we will pay you par and accrued interelt from date of issue to date of deli-
very to UI. plul a cash premium of $ for Bondi maturing and bearing
interelt al followl'
Interelt
Maturity Rate
1991 ,
1992 ,
1993 ,
1994 ,
Uti .' ,
1996 ,
1997 ,
1998 ,
1999 ,
2000 ,
Interelt
Maturity Rate
2001 ,
2002 ,
2003 ,
2004 ,
1005 ,
2006 ,
2007 ,
2008 ,
2009 ,
2010 ,
Interest cost. in accordance with the above bid, iSl
Gross Interest Cost
$
$
$
Less Premium
NET INTEREST COST
EFFECTIVE INTEREST RATE
,
The Initial Bonds shall be registered in the name of
(syndicate manager). We will advise the
First City, Texas-Houston, N.A., Houston, Texas, the Paying Agent/Registrar, our
registration instructions at least five business days prior to the date set for Initial
Delivery. We will not ask the Paying Agent/Registrar to accept any registration
instructions after the five day period.
The undersigned agrees to complete. execute. and deliver to the City, on or be-
fore the date of delivery of the Bonds, the Initial Offering, Price Certificate, in the
form attached a8 Exhibit A to the Official Notice of Sale.
Attached hereto or
of the
Good Faith Deposit and
the Official Notice of
submitted separately is Bank Certified or Bank Cashier's Check
, in the amount of $91.000 which represents our
which is submitted in accordance with the terms as set forth in
Sale.
r
e
We have read in detail the
we have made such investigations
investment quality of the Bonds.
Official Notice of Sale and the O~ial Statement
as we deem necessary relating to the City and to
and
the
Respectfully submitted,
By
ACCEPTANCE CLAUSE
The foregoing bid i. hereby in all thing. aocepted by the City of La porte, Texa.
this the day of , 1lI89.
ATTEST.
Secretary, City of La Porte, Texa.
Mayor, City of La Porte, Texa.
ACCUMULATED BOND YEARS
$4,550,000
City of La Porta, Taxa.
Genaral Obligation Bond.
Sari.. 1989
Dated. July 15, 1989 Maturity, I'ebruary 15
Year of Amount Accumulated
Maturity of Bond. Bond Yaar.
1991 $225,000 375.01
1992 225,000 975.02
1993 225,000 1,800.02
1994 225,000 2,850.03
1995 225,000 4,125.04
1996 225,000 5,625.05
1997 225,000 7,350.05
1998 225,000 9,300.06
1999 225,000 11,475.07
2000 225,000 13,875.08
2001 225,000 16,500.08
2002 225,000 19,350.09
2003 225,000 22,425.10
2004 225,000 25,725.11
2005 225,000 29,250.11
2006 225,000 33,000.12
2007 225,000 36,975.13
2008 225,000 41,175.14
2009 250,000 46,091.81
2010 250,000 51,258.49
Average Maturity...... 11.266 Years
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CITY OF LA PORTE, TEXAS
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The City of La Porte
Charter on March 22, 1949.
ment.
was incorporated on Augu.t 10, 1892 and adopted a Home Rule
The City operates under a COuncil-Manager form of govern-
The City Council i. composed of a Mayor and eight Council member.. The Mayor and two
Council member. are elected at large and six COuncil member. are elected from single
member districts within the City. The Mayor and eight Council member. are elected for
three year terms on a 3-3-3 sequence.
All powers of the City are vested in the City Council which enacts local legislation,
adopts budgets, determines policies, and employs the City Manager. The City Manager
is the Chief Executive Officer and head of the Administrative Branch of the City
government. The City Council determines the goals of the City and operates as a policy
making body. The City Manager executes the policies of the Council concerning matters
of policy, personnel and budgeting.
Official
Title
Norman Malone
Mayor
Deotis Gay
Councilman
B. OOn Skelton
Councilman
Ed Matus&ak
Councilman
Betty Waters
COuncilwoman
Michael Shipp
COuncilman
Edward G. Clarke
COuncilman
Michael Cooper
Councilman
Bob McLaughlin
COuncilman
ELECTED OFFICIALS
Year.
of
Service
Term
Expires
Occupation
Vocational Director,
Pasadena Independent
School District
Operator, Rohm , Haas,
Inc.
Retired, Brown' Root
Engineer, Ebasco
Retired City Secretary
Engineer, OOw Chemical
Shipwright, C , F Boat
Repai r
Instrument Techincian,
Lubri&ol Corporation
Superivsor, E. I.
Du Pont de Nemours
* Mayor Malone previously served five years as a COuncilman.
** Elected May, 1989
Name
Robert T. Herrera
Jeff Li tchfield
John Joerns
Cherie Black
Steve Gillettt
Knox Askins
Moroney, Beissner & CO., Inc.
4 Years*
5/91
Length
of Service
3 Years
2 Years
9 Years
11 Years
9 Years
23 Years
40 Years
McCall, Parkhurst & Horton, San Antonio and Dallas, Texas
9 Years
5/92
9 Years
5/92
5/91
5/90
5/90
5/90
7 Years
5 Years
2 Years
2 Years
1 Year
5/91
Newly Elected**
5/92
APPOINTED OFFICIALS
Title
City Manager
Director of Finance
huh~.A't FL. B' 'II
City Secretary
Director of Public Works
City Attorney
Financial Advisors
BOND COUNSEL
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OFF I C I A L S TAT E HEN T
Dated June 21, 1989
In the opinion of Bond Counsel, interest on the Bonds is excludable from gros.
income for federal income tax purpo.e. under exi.ting law, and the Bond. are not
private activity bond.. See "TAX HATTERS- for a di.cussion of Bond COunsel'.
opinion including a de.cription of alternative minimum tax con.equence. for
corporation..
DESCRIPTION OF BONDS
$4,550,000
CITY OF LA PORTE, TEXAS
(Harrh COunty)
GENERAL OBLIGATION BONDS
SERIES 1989
Rating. on Out.tanding Bond..
Hoody'. - -A-
s . P'. - -A+-
New Rating. Applied For
The Bonds will be dated July 15, 1989 and interest on the Bond. will be due on
February 15, 1990, and each August 15 and February 15 thereafter until the earlier of
maturity or prior redemption. The Bonds will be issued in fully registered form in
integral multiples of $5,000, and principal and semiannual interest will be payable by
First City, Texas-Houston, N.A., Houston, Texas, the paying agent/registrar (the
.Registrar"). Principal of the Bonds will be payable to the registered owner at
maturity or redemption upon presentation of such Bonds to the Registrar. Interest on
the Bonds will be payable by check, dated as of the interest payment date, and mailed
by the Registrar to registered owners as shown on the records of the Registrar as of
the last business day of the month next preceding each interest payment date.
February 15
Haturity Schedule
Year
Amount
Year
Amount
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000
$225,000
225,000
225,000
225,000
225,000
225,000
225.000
225,000
225,000
225.000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
$225,000
225,000
225,000
225,000
225,000
225,000
225,000
225,000
250,000
250,000
Optional provisione
All Bonds maturing on or after February 15, 2001 are optional for redemption in whole
or in part on February 15, 2000 or any date thereafter at par and accrued interest to
the date fixed for redemption. If less than all of the Bonds are redeemed at any
time, the particular Bonds to be redeemed shall be selected by the City in integral
multiples of $5,000 within anyone maturity. The registered owner of any Bond, all or
a portion of which has been called for redemption, shall be required to present same
to the Registrar for payment of the redemption price on the portion of the Bond so
called for redemption and a new Bond in the principal amount equal to the portion of
such Bond not redeemed will be issued to such registered owner.
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Securi ty
These Bonds will, in the opinion of Counsel, constitute valid and legally binding
obligations of the City of La Porte, Texas, payable from and secured by a continuing
levy of ad valorem tax.s aliainst taxable property located in the City within the
limits presoribed by law.
Authorization
The Bonds are the second installment sale out of $15,550,000 General Obligation Bonds
approved at an election held on June 15, 1985 by a majority of the votes cast as
follows,
Amount
$ 2,500,000
3,000,000
4,000,000
2,500,000
1,500,000
550,000
1,500,000
$15,550,000
Purpose
Street Improvements
Drainage Improvements
Sanitary Land Fill
Park Improvements
Gymnasium
Fir. Station
Fire Department Training Facilities
For
514
591
589
500
421
576
480
Against
302
232
230
320
397
246
340
Us. of Proceeds
The proceeds from the sale of the Bonds will be used as follows,
Amount
$2,500,000
1,050,000
1,000,000
$4,550,000
Purpose
Purchase of site for Sanitary Land Fill
Construct a Fire Department Training Facility
Street Improvements
After the issuance and sale of the Bonds, the City will have $6,100,000 General
Obligation Bonds authorized but unissued.
TAX MATTERS
In the opinion of McCall, Parkhurst & Horton, Dallas and San Antonio, Texas, Bond
Counsel, under existing statutes, regulations, published rulings and court decisions,
interest on the Bonds is excludable from the gross income of the owners of the Bonds
for federal income tax purposes. In expressing their opinion that interest on the
Bonds is excludable from the gross income of the owners of the Bonds, Bond COunsel
will rely on the Isuser's no-arbitrage certificate and will assume compliance by the
Issuer with certain covenants of the Issuer with respect to the use and investment of
the proceeds of the Bonds. Failure by the Issuer to comply with these covenants may
cause the interest on the Bonds to become includable in gross income retroactively to
the date of issuance of the Bonds.
Interest on the Bonds will be includable as an adjustment for book income or adjusted
earnings and profits to calculate alternative minimum taxable income for purposes of
determining the alternative minimum tax imposed on corporations by seciton 55 of the
Internal Revenue Code of 1986 (the "Code"), and for purposes of the environmental tax
imposed on corporations by section 59A of the Code. In addition, certain foreign
corporations doing business in the United States may be subject to the new .branch
profits tax. on their effecitvely-connected earnings and profits including tax-exempt
interest such as interest on the Bonds. Furthermore, in the case of an S corporation,
interest on the Bonds is treated as "passive investment income" which is subject to
the tax imposed by section 1375 of the COde.
The Code includes as an individual and corporate alternative minimum tax preference
item, the interst on certain "private activity bonds" issued after August 7, 1986. In
the opinion of Bond Counsel, the interest on the Bonds is not an alternative minimum
tax preference item.
Except as stated above with respect to the exclusion of the interest on the Bonds from
gross income, Bond COunsel expresses no opinion as to any other federal, state or
local tax consequences of acquiring, carrying, owning or disposing of the Bonds.
The law upon which Bond COunsel have based their opinion is subject to change by the
Congress and the Department of the Treasury and to subsequent judicial and
administrative interpretation. There can be no assurance that such law or the
interpretation thereof will not be changed in a manner which would adversely affect
the tax treatment of ownership of the Bonds.
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Prosepctive purchasers of the Bonds should be aware that the ownership of tax-exempt
obligations may result in collateral federal income tax consequences to financial
institutions, property and casualty insurance companies, individual recipients of
social Security or RAilroad Retirement benefits and taxpayers who may be deemed to
have incurred or continued indebtedness to purchase or carry tax-exempt Obligations.
Prospective purchasers falling within any of these categories should consult their own
tax advisors as to the applcability of these consequences.
OUALIFIED TAX EXEMPT OBLIGATIONS
Section 265 of the Internal Revenue Code of 1986, (the "Code") provides, in general,
that interest expense incurred to acquire or carry tax-exempt bonds is not deductible
for Federal Income Tax purposes. For "Financial Insti tutions" (as used in such
section), complete disallowance of such expense would apply to taxable year. beginning
after December 31, 1986, wi th respect to tax-exempt bonds acquired after August 7,
1986. Section 265(b) of the Code provides an exception to this rule for interest
expense incurred by financial institutions to carry tax-exempt obligation. (other than
private activity bonds) which are designated by an issuer as qualified tax-exempt
obligations. An issuer may only designate an issue as an issue of "qualified tax-
exempt obligat ions" where the issuer expects to issue less than $10,000,000 of tax-
exempt obligations during the calendar year in which the issue so designated is
issued. In any event an issuer may not designate more than $10,000,000 of tax-exempt
obligations as qualified tax-exempt Obligation. during anyone calendar year.
The City intends to designate the Bonds as qualified tax-exempt obligations in the
Bond Ordinance authorizing the issuance and sale of the Bonds and agrees that in such
event it will take such action as is necessary for the bonds to constitute qualified
tax-exempt obligations. Therefore, it is anticipated that financial institution.
purchasing the bonds will not be subject to the 100' disallowance of interest expen.e
under Section 265 of the Code. However, such purchasers would be subject to the 20'
interest disallowance rule applicable under prior law.
LEGAL MATTERS
Legal matters incident to the authorization, issuance and sale of the Bonds are
subject to the approval of the Attorney General of the State of Texas and of McCall,
Parkhurst & Horton, Bond Counsel, whose approving opinion will be printed on the
Bonds. McCall, Parkhurst & Horton was not requested to participate, and did not take
part in, the preparation of the Official Statement except as hereinafter noted, and
such firm has not assumed any responsibility with respect thereto or undertaken
independently to verify any of the information contained herein, except that, in its
capacity as Bond Counsel, such firm has reviewed the information under the captions
"DESCRIPTION OF BONDS., .TAX MATTERS., .OUALIFIED TAX EXEMPT OBLIGATIONS. and "LEGAL
MATTERS" in the Official Statement to determine whether such information presents a
fair and accurate summary of the provisions of the law and the instruments described
under such captions. The legal fees to be paid to McCall, Parkhurst & Horton in
connection with the issuance of the Bonds are contingent on the sale and delivery of
the Bonds.
RATINGS
The outstanding uninsured General Obligation Bonds of the City are rated "A. by
Moody's Investors Service, Inc. and NA+" by Standard & Poor's Corporation.
Applications for contract ratings on the Bonds have been made to both Moody's
Investors Service, Inc. and Standard & Poor's Corporation (the "Rating Agencies").
The new ratings will be provided by addendum to this Official Statement as soon as
possible after their assignment. An explanation of the significance of the ratings
Dlay be obtained from the Rating Agencies. The ratings reflect only the respective
views of the Rating Agencies and the City makes no representation as to the
appropriateness of the ratings. There is no assurance that the ratings assigned will
continue for any given period of time or that they will not be changed, suspended or
wi thdrawn by ei ther of the Rating Agencies. Any change, suspension or withdrawal of
the ratings may have an effect on the market price of the Bonds.
REGISTRATION
Paying Agent/Registrar (the .Registrar.)
The Bonds will be issued in fully registered form in integral multiples of $5,000, and
principal and semi-annual interest will be payable by First City, Texas-Houston, N.A.,
Houston, Texas, the Paying Agent/Registrar (the "Registrar"). Principal of the Bonds
will be payable to the registered owner at maturity or redemption upon presentation to
the Registrar. Interest on the Bonds wi 11 be payable by check, dated as of the
interest payment date, and mailed by the Registrar to registered owners as shown on
the records of the Registrar as of the last business day of the month next preceding
each interest payment date. '
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Successor Paying Agent/Registrar
Provision is made in the ordinance authorizing the issuance ot the Bonds (the "Bond
Ordinance") for replacement of the Registrar. If the Registrar is replaced by the
City, the new Registrar shall accept the previous Registrar's records and act in the
same capacity as the previous Registrar. Any Registrar selected by the City shall be
either a national or state banking institution and shall be a corporation organized
and doing business under the laws ot the United States of America or of any State,
authorized under such laws to exercise trust powers, and subject to supervision or
examination by Federal or State authority. Successor Registrars, if any, shall be
determined by the City.
Puture Registration
The Bonds may be transferred, registered and assigned only on the registration books
of the Registrar, and such registration and transfer shall be without expense or
service charge to the owner, except for any tax or other governmental charges required
to be paid with respect to such registration and transfer. A Bond may be assigned by
the execution of an assignment form on the Bonds or by other instrument of transfer
and assignment acceptable to the Registrar. A new Bond or Bonds will be delivered by
the Registrar in lieu of the Bond being transferred or exchanged at the principal
office of the Registrar. To the extent possible, new Bonds issued in an exchange or
transfer of Bonds will be delivered to the registered owner or assignee of the owner
in not more than three (3) bus iness days after the receipt of the Bonds to be
cancelled in the exchange or transfer and the written instrument of transfer or
request for exchange duly executed by the owner or his duly authorized agent, in form
satisfactory to the Registrar. New Bonds registered and delivered in an exchange or
transfer shall be in denominations of $5,000 or any integral multiple thereof for any
one maturity and for a like aggregate principal amount as the Bond or Bonds
surrendered for exchange or transfer.
Limitation on Transfer or Exchange of Bonds
Neither the City nor the Paying Agent/Registrar shall be required to transfer or
exchange any Bond during the period of fifteen (15) days next preceding any interest
payment date or to transfer or exchange any Bond during the thirty (30) day period
prior to the date fixed for the redemption of such Bond or Bonds.
Record Date
The record date ("Record Date") for the interest payable on any interest payment date
is defined as the last business day of the month next preceding such interest payment
date.
PROPERTY TAXES
Property Subject to Taxation by the City
Except for certain exemptions provided by federal and State law, all property in the
City is subject to ad valorem taxation. Categories of exemptions applicable to the
City include property owned by the State or its political subdivisions if the property
is used for public purposes1 property exempt from ad valorem taxation by federal lawf
certain household goods, family supplies and personal effectsr farm products owned by
the producers 1 certain property affiliated with charitable organizations, youth
development' associations, religious organizations and qualified schoolsr designated
historical sites, solar and wind-powered energy devices1 and most individually owned
automobiles.
Taxable property in the City is required to be valued for tax purposes at 100\ of
market value (with limited exceptions) as of January 1 of each year. The City Council
has voted to grant an exemption of 20\ of the market value of a residence homestead
from ad valorem taxation for the 1988 Tax Year. The Texas Property Tax Code (the
"Property Tax Code") also provides for exemptions of up to $3,000 for homesteads of
disabled veterans and certain survivors of deceased disabled veterans who apply for
the exemption. State law also permits the City Council to grant a homestead exemption
of not less than $3,000 of appraised value to persons over 65 years of age.
The Property Tax Code provides certain restrictions on annual increases in tax rates
based on a complex formula. The effect of these limitations is to require a public
hearing if the proposed tax increase, other than for taxes levied to pay debt service
on Bonds and certain contractual obligations, exceeds 3\ and an election (upon
petition of 10\ of the qualified voters in the City) to require a rollback to 8\ if
such an increase exceeds 8\.
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Taxing Procedures
The Harris County Appraisal District (the NAppraisal DistrictN), a county-wide agency
created under the Property Tax Code, is responsible for appraising property in the
City, and the Harris County Appraisal Review Board (the NReview BoardN) is responsible
for reviewing the values established by the Appraisal District. The Appraisal
District is governed by a five-person board of directors. Voting for membership on
the board of directors of the Appraisal District is cumulative, based on total taxes
levied by taxing units within the Appraisal District.
Appraisals may be protested by taxpayers, and in such case the Review Board determines
whether the appraisals are substantially uniform and otherwise comply with the law.
The City also has the right to challenge some Appraisal District determinations, but
not the appraised value of an individual taxpayer's property. Orders ot the Review
Board are subject to appeal to a state district court. The City's tax roll is
certified to the City by the Chiet Appraiser of the Appraisal District, as reduced by
exemptions granted by the City.
Tax statements are required to be mailed by October 1 or as soon thereafter as
practicable, taxes are due upon receipt of a tax bill, and taxes become delinquent on
February 1 of the following tax year. Delinquent taxes incur a penalty of 6' of the
amount of the tax for the first calendar month of delinquency plus l' for each month
or portion of a month of delinquency until July 1 when the penalty becomes 12'. Taxes
that remain delinquent on July 1 of the year in which they become delinquent may incur
an additional penalty of not greater than 15' of the amount of taxes, penalty and
interest due to defray costs of collection. Interest on delinquent taxes accrues at
the rate of l' per month until the tax is paid.
To secure the payment of all taxes, as well as penalty and interest on delinquent
taxes, the City has a statutory lien on taxable property which is on a parity with the
Uen of other taxing enti ties, and the taxpayer is personally liable tor payment of
the tax. Personal property of the taxpayer is subject to seizure and sale to .atisfy
delinquent taxes. The City may also sue to foreclose its lien on real or personal
property, or to entorce personal liability, or both. If a judgment is obtained for
foreclosure of the tax lien, the court I118Y order the property .011S to .atisty the
lien. The City generally has not attemptelS to enforce the lien because ot the time
and expense of foreclosure proceedings. Delinquent taxes on real property are
generally paid at such time as the owner sells or transfers title to the property upon
which the delinquent tax has accrued.
USE OF INFORMATION IN OFFICIAL STATEMENT
This Official Statement has been prepared by Moroney, Beissner & Co., Inc., a firm
employed by the City to perform professional services in the capacity of Financial
Advisors, including the preparation of this Official Statement. Information with
respect to interest rates, discounts, and other matters relating to the resale of
These Bonds, including changes in the affairs of the City subsequent to the date
hereof, is the responsibility of the successful bidder and such information is not
provided herein. The information set forth herein has been obtained from the City and
other sources which are believed to be reliable, but no guarantee is made as to the
accuracy or completeness of such information, and its inclusion herein is not to be
construed as a representation on the part of the City nor Moroney, Beissner & Co, Inc.
to such effect. No person has been authorized to give any information or to make any
representations other than those contained in this Official Statement, and if given or
made, such other information or representations must not be relied upon as having been
authorized by the City, or Moroney, Beissner & Co., Inc. This Official Statement does
not constitute an offer to sell or solicitation of an offer to buy in any state in
which such offer or solicitation is not authorized, or in which the person making such
offer or solicitation is not qualified to do so, or any person to whom it is unlawful
to make such offer or solicitation. Any information and expressions of opinions herein
are subject to change, without notice, and neither the delivery of this Official
Statement. nor any sale made hereunder. shall under any circumstances create any
implication that there has been no change in the affairs of the City since the date
hereof.
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FINANCIAL STATEMENT
(As of 4/30/89, Adjusted to Include $4,550,000 Bonds, Series 1989)
1988 Assessed Valuation (1001 of Actual) ............................... $988,657,580*
General Obligation Debt Outstanding'
Net Debt ......................................
$ 8,581,765
2,018,235
4,277,000
160,000
4,550,000
$19,587,000
1,352,426
$18,234,574
General Purpo.. Bond. ........................
Water and Sewer G.O. Bonds ....................
Assumed Water District Bonds ..................
Certificates of Obligation ....................
The Bonds, Series 1989 ........................
Grca 8 Debt ....................................
Less, Debt Service Fund Balance ..............
Ratio of Net Debt to 1988 Assessed Valuation ............................'
1 .84\
April 1989 Estimated Population - 28,500
1988 Assessed Valuation per
Capita ................. $34,690
Net Debt per Capita
$640
Area of City......... 18.88 square miles
*Net of exemptions in the amount of $65,622,490.
~I On December 31, 1988, the City annexed Bayshore Municipal Utility District (the
"District"), a conservation and reclamation district consi.ting of 506 acr..
located in the southeastern portion of the City's extraterritorial jurisdiction.
The District was dissolved by operation of law on March 31, 1989 and .ubsequent-
ly the City acquired all of the properties, assets and functions and assumed all
of the debts, liabilities and obligations of the District, and the District
ceased to exist. The 1988 Assessed Valuation does not include approximately $40
million Assessed Valuation of the District. The District's Assessed Valuation
will be included in the City's 1989 Assessed Valuation, which is currently esti-
mated by the City to be approximately $1,025,000,000. The General Obligation
Debt Outstanding includes the District's Waterworks and Sewer System Vnlimited
Tax and Revenue Bonds in the amount of $165,000.
TAX COLLECTION PERIOD
Tax bills are sent out october 1, each year, and taxes are delinquent after
January 31. No split payments are allowed and no discounts are given on early tax pay-
ments. Penalty and interest on delinquent payments are rigidly enforced.
TAX COLLECTION DATA
Tax Assessed Tax Percent Tax Collections Year
Year Valuation Rate Current Total Ending
1982 $530,047,550 $0.7200 98.22 100.59 9/30/83
1983 553,977,910 0.7200 98.70 100.81 9/30/84
1984 809,850,733 (1) 0.7128 92.05 ( 2) 92.86 (2) 9/30/85
1985 828,138,040 0.7128 95.10 99 . 29 9/30/86
1986 837,080,490 0.7100 95.73 99 . 71 9/30/87
1987 952,839,000 0.6600 97.10 99.12 9/30/88
1988 988,657,580 0.6800 98.51 99.10 (7 mos. thru
4/30/89)
Delinquent taxes outstanding for all prior years as of 4/30/89 ............. $722,829
(1) Revaluation and annexation of College View MUD and Spenwick Place MUD on December
28, 1983.
(2) Substantial additions and supplements to the City's tax roll were furnished the
City by the Harris County Central Appraisal District with only two months reaain-
ing in the City's tax year. Subsequently $1,593,710 of tax billings were not
sent out until August 20, 1985.
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TAX RATE DISTRIBUTION
Tax Yearl 1988 1987 1986 1985
General Fund $0.4909 $0.447 $0.370 $0.4647
Interest & Sinking Fund 0.1891 0.213 0.340 0.2481
$0.6800 $0.660 $0.710 $0.7128
TAX RATE LIMITATIONS
1984
$0.4921
0.2207
$0.7128
The City i. a Home Rul. Charter City with a maximum authorized rat. for all purpo...
of $2.50 per $100 As....ed Valuation. Thi. maximum tax rat. i. impo.ed both by the
Con.titution of the Stat. of Texa. and the City Chart.r. Within this $2.50 maximum
th.r. i. no limit upon the amount of taxes which can be levied for D.bt Servic..
DEBT SERVICE FUND MANAGEMENT INDEX
Debt Service Fund Balance as of 9/30/88 ................................
Debt Service Fund Tax Levy of $0.1891 per
$100 of Assessed Valuation on total 1988
A.s....d Valuation of $988,657,580 at
96' colleotion pro4uc.. ..............................................
Budgeted tran.fer from utility Pund for
G.O. Bond. i..ued for water and .ewer purpo... .......................
Available for 1989 Debt Service ........................................
Lessl 1989 Debt Service Requirements ..................................
Estimated Balance at 9/30/89 ...........................................
TAX ADEQUACY
$ 616,582
1,794,769
1,264,486
$3,675,837
2,371,774
$1,304,063
The following calculations do not take into consideration the estimated balance in the
Debt Service Fund as of 9/30/89 or future transfers from the Utility Fund to pay debt
service on G.O. Bonds issued for water and sewer purposes.
Maximum Year
(1991)
Debt Service Requirements .........................
$2,798,241
Debt Service Fund tax levy required per
$100 Assessed Valuation on total 1988
Assessed Valuation of $988,657,580
@ 961 collection ................................
$0.295
CITY SALES TAX
Average
Annual
(1990-2010 )
$1,519,644
$0.16
The City adopted the provisions of Article 1066c, VTCS, Section 9, which authorizes
the collection of a II city sales tax. Net collections for the past several years are
as follows I
Calendar
Year
Total
Collected
Calendar
Year
1979
1980
1981
1982
1983
1984
$418,746
499,312
627,857
663,859
592,191
505,970
1985
1986
1987
1988
1989(4 Mo. thru 4/30/89)
17
Total
Collected
$504,847
696,656
674,867
808,365
263,381
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GENERAL OBLIGATION BONDS AUTHORIZED BUT UNISSUED
Date of Authorized
Author- Amount Previously This But
ization Purpose Authorized Issued Issue Unissued
05/15/71 Fire Station $ 100,000 $ -0- $ -O- f 100,000
06/15/85 Street Improvement. 2,500,000 1,000,000 1,000,000 500,000
06/15/85 Drainage Improvement. 3,000,000 1,000,000 -0- 2,000,000
06/15/85 Sanitary Land Fill 4,000,000 -0- 2,500,000 1,500,000
06/15/85 Park Improvements 2,500,000 2,000,000 -0- 500,000
06/15/85 Gymnasium 1,500,000 -0- -0- 1,500,000
06/15/85 Fire Department
Training 1,500,000 450,000 1,050,000 -0-
Total ... ........... ............ ... $15,100,000 $4,450,000 $4,550,000 $6,100,000
ESTIMATED DIRECT . OVERLAPPING DEBT STATEMENT
Percent
Net Debt Over-
Pol! tical Subdivision Amount As of lapping
Clear Lake City Water
Authori ty $ 37,854,814 9/30/88 1.67\
Harris County 371,102,018 2/28/89 0.841
Harris County Flood Control
District 236,823,122 2/28/89 0.841
Harris County Toll Road 510,937,406 2/28/89 0.841
La Porte LS.D. 15,186,271 8/31/88 41.391
Port of Houston Authori ty 82,889,143(2) 3/31/89 0.841
San Jacinto Jr. College
District 13,767,443 08/31/88 6.121
Total Overlapping Net Debt
.................................................................................. .....
CITY OF LA PORTE
........................................................ ...............................................
Total Direct and Overlapping Net Debt
....... ..... ......... ........... .....
Ratio of Total Direct and Overlapping Net Debt to 1988 Assessed Valuation..... 3.65\
$36,089,629
Amount
Over-
lapping
$ 632,175
$ 3,117,257
1,989,314
4,291,874
6,285,598
696,269
842,568
$17,855,055
18,234,574
Total Direct and Overlapping Net Debt per Capita ............................. $1,266
Assessed Valuation per Capita ................................................ $34,690
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TWENTY MAJOR TAXPAYERS
Taxpayer
Type of property
E. I. Du Pont de Nemours Chemical Plant
Quantum Chemical Plant
Occidental Electroehmical Chemical Plant
PPG Industries, Inc Chemical Plant
Houston Lighting ~ Power Co. Utility
Soltex Polymer Corp. Chemical Plant
La Porte Chemicals Chemical Plant
Dow Chemical Chemical Plant
Pina Oil' Chemical Corp. Chemical Plant
Aristech Chemical Corp. Chemical Plant
Rohm ~ Haas Inc. Chemical Plant
Air Products Mfg. Corp. Chemical Plant
Southwestern bell Tele. Co. Utility
Deer Park, Inc. Chemical Plant
Interox America Chemical Plant
Lubrizol Corp. Chemical Plant
Akzo Chemie America, Inc. Chemical Plant
Union Carbide Co. Chemical Plant
Texas Alkyls, Inc. Chemical Plant
Petrolite Chemical Plant
Total Assessed Valuation of Principal Taxpayers ........................
Principal Taxpayers as percent of City's 1988 Assessed Valuation .......
GENERAL FUND REVENUES, EXPENDITURES MID BALANCES - pIVE YEAR HISTORY
1988
Asse.sed
Valuation
$52,543,060
50,570,830
41,453,260
41,138,300
29,870,670
26,421,570
20,408,900
20,320,350
20,211,350
16,996,750
11,830,160
11,023,170
10,969,930
10,646,940
9,746,250
8,682,960
7,940,140
6,870,900
6,734,770
5,707,870
$410,088,130
41.48'
The fol1owin9 summary of Revenues, Expenses and Balances of Cash and Temporary Invest-
ments for the General Pund operation were taken from the City's annual eudit reports.
1988
1987
Fiscal Year Ended 9/30
1986 1985
1984
Revenues
Property Taxes $4,308,643 $3,294,868 $ 3,905,209 $ 8,510,577 $7,916,186
Franchise Taxes 720,407 741,191 806,340 (2) (2)
Sales Taxes 800,270 645,496 711,590 (2) (2)
Industrial Payments 2,256,782 3,377,451 3,507,618 (2) (2)
Licenses, Permits
~ Other Taxes 106,302 102,234 109,479 78,847 187,357
Fines ~ Forfeits 149,809 155,631 173,840 169,387 244,094
Charges for Services 745,333 940,650 931,843 931,973 956.750
Interest 413,188 395,352 399,908 (3) (3)
Miscellaneous 58,034 47,325 291,211 685,348 665,241
Total Revenues ........ $9,558.768 $9,700,198 $10.837,038 $10,376,132 $9,969,628
Expenditures
Fire Department $ 849,892 $ 804,845 $ 804,104 $ 746,042 $ 807,104
police Department 2.794,279 2,691,837 2,422,396 2,382,415 1,982,333
Administration 1,206,235 2,099,180 1,978,238 1,832,792 1,808,598
Finance 666,466 (1) (1) (1) (1)
Public works 2,771,672 2,876,752 3,233,249 3,245,163 3,214,207
Community Development 635,550 651,100 749,053 742,417 597,933
Parks ~ Recreation 1, 086 , 11 7 995,337 1,009,544 898,391 780,811
Total Expenditures . . . . $10,010,211 $10,119,051 $10,196,584 $9,847,220 $9,190,986
Excess of Revenue
Over Expenditures . . . ($451,433) ($418,853) $640,454 $528,912 $778,642
Fund Balance .......... $3,996,831 $4,613,088 $4,705,567 $4,373,010 $4,143,929
(1) Included in Administration
(2) Included in Property Taxes
(3) Included in Miscellaneous
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PRINCIPAL REPAYMENT SCHEDULE
pre.ent $4,550,000
Fhcal Total Bon~. New Total
Year principal Series 1989 Principal
I!:n~ing Repayment Principal Repay- Repayment Outstan~ing
9/30 Sche~ule roent Sche~ule Sche~ule Debt
1989 $1,127,000 $ $1,127,000 $19,395,000
1990 1,130,000 1,130,000 18,265,000
1991 1,170,000 225,000 1,395,000 16,870,000
1992 1,085,000 225,000 1,310,000 15,560,000
1993 1,095,000 225,000 1,320,000 14,240,000
1994 1,125,000 225,000 1,350,000 12,890,000
1995 1,125,000 225,000 1,350,000 11,540,000
1996 1,070,000 225,000 1,295,000 10,245,000
1997 1,035,000 225,000 1,260,000 8,985,000
1998 1,010,000 225,000 1,235,000 7,750,000
1999 950,000 225,000 1,175,000 6,575,000
2000 700,000 225,000 925,000 5,650,000
2001 700,000 225,000 925,000 4,725,000
2002 700,000 225,000 925,000 3,800,000
2003 700,000 225,000 925,000 2,875,000
2004 700,000 225,000 925,000 1,950,000
2005 550,000 225,000 775,000 1,175,000
2006 225,000 225,000 950,000
2007 225,000 225,000 725,000
2008 225,000 225,000 500,000
2009 250,000 250,000 250,000
2010 250,000 250,000 -0-
Average Maturity on Outstan~ing Debt, including the Bonds ............. 8.04 Year.
DEBT SERVICE REQUIREMENT SCHEDULE
Fiscal Present
Year Total New Total
Ending Debt Service $4,550,000 Bonds, Series 1989 Debt Service
9/30 Requirements Principal Interest* Total Requirements
1989 $2,371,774 $ $ $ $2,371,774
1990 2,282,758 440,781 440,781 2,723,539
1991 2,229,335 225,000 343,906 568,906 2,798,241
1992 2,053,190 225,000 326,469 551,469 2,604,659
1993 1,976,251 225,000 309,031 534,031 2,510,282
1994 1,918,864 225,000 291,594 516,594 2,435,458
1995 1,833,026 225,000 274,156 499,156 2,332,182
1996 1,694,226 225,000 256,719 481,719 2,175,945
1997 1,576,126 225,000 239,281 464,281 2,040,407
1998 1,468,020 225,000 221,844 446,844 1,914,864
1999 1,326,394 225,000 204,406 429,406 1,755,800
2000 1,006,401 225,000 186,969 411,969 1,418,370
2001 946,438 225,000 169,531 394,531 1,340,969
2002 886,056 225,000 152,094 377,094 1,263,150
2003 825,325 225,000 134,656 359,656 1,184,981
2004 767,838 225,000 117,219 342,219 1,110,057
2005 570,375 225,000 99,781 324,781 895,156
2006 225,000 82,344 307,344 307,344
2007 225,000 64,906 289,906 289,906
2008 225,000 47,469 272,469 272,469
2009 250,000 29,063 279,063 279,063
2010 250,000 9,688 259,688 259,688
*Interest rate of 7.75' used for purpose of illustration.
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UTIILTY DEPARTMENT
(As of 4/30/89)
Waterworks and Sewer System Revenue Bonds Outstanding
....................
$4,800,000
Special Fund Balances
............................. .....
$1,076,234
879,969
4,735,542
$6,691,745
Interest and
Reserve Fund
S i ok i ng Fund ......................
Operating Fund .................................
Total Special Funds ............................
WATERWORKS AND SEWER SYSTEM REVENUE BONDS AUTHORIZED BUT UNISSUED
Date of Authorized
Author- Amount Issued to But
ization Purpose Authorized Date Unh.ued
6/15/85 Waterwork. System $ 800,000 $ -0- $ 800,000
6/15/85 Sewer System 8,550,000 6,000,000 2,550,000
$9,350,000 $6,000,000 $3,350,000
WATERWORKS AND SEWER SYSTEM OPERATING STATEMENTS
The following information was taken from the City'. annual audit reports.
Fiscal Year Ended September 30
1988 1987 1986 1985 1984
Revenues $3,749,033 $3,729,004 $3,552,885 $3,126,928 $3,396,090
Expenses 2,176,177 1,838,415 1,816,644 1,916,158 1,732,453
Available for
Debt Service........ $1,572,856 $1,890,589 $1,736,241 $1,210,770 $1,663,637
Coverage of Maximum
Annual Debt Service
Requirement 2.10X 2.52X 2.32X 1.62X 2.22X
Coverage of Average
Annual Debt Service
Requirement 2.99X 3.59X 3.30X 2.30X 3.16X
CUSTOMER COUNT
1988
Fiscal Year Ended September 30
1987 1986 1985
Water
Sewer
................
7,521
7,333
7,388
7,198
7,355
7,172
7,316
7,131
~
7,248
6,977
................
WATER AND SEWER RATES
(All customers are billed monthly)
Water I"
Sewer 1
First 2,000 gallons ............. $6.50 (Minimum)
Next 8,000 gallons ............. $1.95 per 1,000 gallons
Next 15,000 gallons ............. $2.15 per 1,000 gallons
Over 25,000 gallons ............. $2.50 per 1,000 gallons
First 2,000 gallons ............. $11.15 (Minimum)
Over 2,000 gallons ............. $2.32 per 1,000 gallons
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WATERWORKS AND SEWER SYSTEM REVENUE BONDS
DEBT SERVICE REQUIREMENTS
Year Year
Ending Total Ending Total
9/30 Requirements 9/30 Requirements
1989 $781,950 1998 $511,950
1990 74B,950 1999 483,600
1991 715,950 2000 455,100
1992 6B2,950 2001 426,450
1993 650,700 2002 397,575
1994 621,450 2003 368,550
1995 594,450 2004 340,500
1996 567,300 2005 313 , 500
1997 539,B50
WATERWORKS AND SEWAGS TREATMENT FACILITIBS
The City currently own. and operate. .ix water well. having a combined total capacity
of 7.95 million gallon. per day (mgd). The City'. water .torage facilities include .ix
ground storage tank. and two elevated .torage tanks having a total combined capacity
of 2.8 million gallons. The City's water supply facilities are adequate to serve a
population of approximately 60,000.
The City currently owns and operates one waste disposal treatment plant. The plant
can treat 4.2 mgd and is sufficient to serve a population of approximately 42,000.
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The financial information contained on the following
pages are excerpts from the City of La Porte's Audit
Report for the fiscal year ending September 30, 1988
as prepared by.
Peat Harwick Hain & co.
Certified Public Accountants
Houston, Texas
This information is not intended to be a complete
statement of the City's financial condition. A com-
plete Audit Report is available upon request to:
Moroney, Beissner & CO., Inc.
Financial Advisor to the City
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GENERAL INFORMATION
LOCATION
The City of La Porte covers an area of nineteen square miles located in the southeast
quadrant of Harris County approximately 25 miles from downtown Houston. La Porte is
bounded on the North by the Houston Ship Channel, and on the east by Galveston Bay.
The nation's largest concentration of petrochemical plants border the City on its
north and south sides.
La Porte City Hall
LA PORTE BAYSBORE AREA PROFILE
Located some 20 miles southeast of Houston on Galveston Bay in Harris COunty are the
three communities that make up the La Porte Bayshore Areal La Porte, Morgan's Point
and Shoreacres. The area has a combined population of approximately 40,000, of which
28,500 are located in the City of La Porte.
Though much of the image of this area is industrial, the La Porte-Bayshore area is
still characterized by an expanse of resort homes. Because of this, and the
metropolitan advantages of Houston, La Porte is one of the few communities in the Gulf
Coast area that offers this favorable combination.
HARRIS COUNTY
This 1,723 square mile county is a leading oil, gas and petrochemical area, having
over $400 million average annual production of petroleum, natural gas and natural gas
liquids. It has more than 4,400 manufacturing plants I the nation's largest
concentration of petrochemical plants, the third largest United States seaport, and is
a corporate management center. In addition, there are 115 banks in Harris COunty
which held total combined deposits of $24.98 billion as of March 31, 1989. A
significant part of the COunty's major employers, manufacturers, education and
financial institutions are located in Houston, the county seat.
The Texas Medical Center, located in Harris county, is one of the nation's largest,
providing medical care and educational opportunities. Harris County's 64 hospitals
have 16,922 beds, of which 4,589 are in the Texas Medical Center.
Harris COunty's General Obligation Bonds are rated -Aa- by Moody's Investors Service,
Inc. and -AA+- by Standard ~ Poor's corporation.
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TRANSPORTATION
State Highway 225 provide8 access to the City on its north 8ide and connects on the
west with Interstate 610, a multi-lane limited access freeway which encircles the City
of Hou8ton. State Highway 146, which extend8 into Northeast Texas, allows access from
the 80uth through the City.
Air transportation is acoessible through Houston Intercontinental and Hobby Airports.
The City-owned La Porte Munioipal Airport provides private and chartered air
transportation through a fully approved FAA facility.
Railway transportation is supplied by six railroads, including the Southern Pacific
Lines. There are several motor freight lines which adequately fill the need for truck
transportation.
The Houston Ship Channel, which runs along the northern portion of the Di8trict,
provides deep water ocean-going tran8portation from the Intracoa8tal Canal to the Port
of Houston. The Port of Houston's Barbour's Cut Terminal, located adjacent to the
City, handled 3.7 million ton8 of cargo in 1988, which was up 12 percent from 3.3
million tons in 1987.
The Houston Ship Channelf Loop 610 Bridge, Foreground
THE INDUSTRIAL ZONES
In 1958 the City of La Porte created an Industrial Zone adj'acent to the City which
presently encompases approximately 5,500 acres of land north of Highway 225 and
bordering the Houston Ship Channel. The City annexed sufficient land to completely
encircle this Indu8trial Zone, protecting it from annexation by any other
municipality. The City entered into contracts with all of the Industries located in
the Zone whereby the City annexed a portion of the total value of each industry with
the remainder constituting protected Industrial Districts. In addition to the
Industrial Zone north of Highway 225, which is referred to a8 the -Battleground
Industrial District,M the City contains an Industrial Zone on its south side referred
to as the MBayport Industrial District.M The Bayport District was created in 1970 and
covers a 2,500 acre area. The Industrial District Contracts are authorized by Texas
State Statutes.
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The City an4 the in4ustries liste4 below, many of which have come to the In4ustrial
Zones since the original contracts, are presently under contracts which exten4 to
December 31, 1993. Under the terms of the current contracts, the City annexe4 25'
of the value of each industry on which the industry pays full City tax each year. The
remaining 75' of the total value constitutes the protected Industrial Districts on
which the industries make payments to the City each year in lieu of taxes. These
annual in lieu payments are in an amount which, when added to the full City taxes on
the annexed portion, equal 50' of what the City's taxes on the industry wou14 be if
100' of the industry were in the City.
Under the City Ch.rter .nd St.te st.tutes, the City of La Porte has the .uthority
.imply by ordinance of the City Counoi1 to .nneX a44ition.l .r.... In the p.st, the
City, in or4.r to encourage in4ustri.l 4evelopment in the ar.., has .nnex.d a strip
surrounding the in4ustries identifie4 herein and executed contr.ct. with each separate
industry as described above. It is anticipated that the present contract. which ex-
pire on January 1, 1993 will be renewed for an additional seven year period, at which
time the City will expand its annexation to again include at least 25' of all taxable
values in the indu.trial area. The City, of course, has the right to renegotiate
their contracts in 1993 on any basis acceptable to the City and industry I however it
would be highly unlikely that the percentage to be annexed would be less than 25'.
Listed below is a schedule of the payments received in 1987 and 1988.
In4ustry
E. I. 4u Pont de Nemours
Quantum
Occidental Eleotrochemica1
Houston Lighting . Power
Soltex Polymers
La Porte Chemicals
(B.F. GOOdrich)
COw Chemical USA (Upjohn CO.)
Pina Oil . Chemicals (Div.
Cosden)
Aristech Chemical Corp.
Air Products Co.
Rohm & Haas Corp.
Deer Park, Inc.
Interox America
Lubrizo1
Akzo Chemicals, Inc. (Armak Co.)
Union Carbide
Texas Alky1s
PetroU te
Big Theee Industries
Rexene (E1 Paso Polyfins)
Atlantic Richfield
Hercules Company, Inc.
FHC Corp.
Goodyear Tire & Rubber Co.
Airco, Inc.
Grief Brothers
Ohmstede Machine Works
Ex-1m Freezers
Tri-Gas, Inc.
Eurecat, U.S., Inc.
Southern 10nics
Pearsall Chemicals
UCISCO (Carbide)
Drago Supply Co.
Dunn Equipment Co.
Nippon pigments
Texas Electric Company
Grace Equip. Co. Inc.
S.W. Chemical & Plastic
Revak (H.G. Burdett Gas Products
Battleground Water Co.
Rag sda1e Dav. Co.
Windward Coors
Syn Gas Co.
Cardox-Allengheny
Fairllont Supply
National Distillers
In Lieu
Payments
Totals .....................
$274,587
-0-
270,814
186,225
162,612
11S,341
145,924
114,553
103,102
56,125
68,419
60,485
55,722
55,580
57,578
40,707,
51,022
20,827
29,353
-0-
-0-
19,747
-0-
14,746
10,381
6,890
3,872
3,657
2,736
3,104
7, III
2,376
-0-
1,903
1,085
874
785
749
644
1,089
618
177
1,221
287,664
-0-
-0-
38,527
$2,278,932
1987
City Taxes
$347,490
-0-
273,592
197,146
174,382
134,699
134,114
133,395
112,179
85,495
78,079
70,270
64,325
57,308
52,405
45,512
44,449
37,672
32,944
22,953
20,623
19,655
18,936
14,922
11 , 643
6,068
3,869
3,630
3,558
3,472
3,091
2,396
-0-
1,903
1,085
874
785
749
644
635
621
177
1,298
295,241
867
-0-
38,527
$2,553,678
.<C
1988
In Lieu
Payments
City Taxes
$279,049
372,521
267,117
181,550
184,932
120,018
132,878
118,053
104,983
47,432
65,279
64,756
53,802
58,796
111,035
34,440
50,185
14,689
29,780
-0-
-0-
26,337
-0-
16,095
10,395
7,384
4,274
2,958
2,457
3,528
6,126
2,498
2,895
1,562
1,118
12,299
1,003
2,204
663
972
637
183
2,210
-0-
-0-
3,607
-0-
$2,402,700
$357,293
343,882
281,882
203,121
179,667
138,781
131,1'78
137,437
115,578
80,736
80,445
72,399
66,275
59,044
53,993
46,722
45,796
38,814
33,942
24,237
21,248
20,250
19,510
15,374
11 , 996
6,252
3,986
3,740
3,666
3,577
3,185
2,469
2,457
1,960
1,118
900
809
771
663
654
640
183
126
-0-
-0-
-0-
-0-
$2,623,756
INDUSTRIAL DEVELOPMENT
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There are approximately 5500 acres of industrial development along the fifty-mile
Houston Ship Channel within La Porte's "Battleground Industrial District.- These re-
fineries and other industries contribute largely to the Port of Houston's position as
the third largest port in the United States.
The majority of the employers in the Industrial Districts are chemical and petrochemi-
cal related industries. These companies colleotively haYe in excess of ..... employees
with an annual payroll of approximately $............ Following are several of the
major employers in the Industrial Districts.
Employer
No. of
Employees
Approximate
Annual Payroll
(Information Forthcoming)
Following are aerials of some of the industries looated in the "Battleground IndUS-
trial District", north of the City of La Porte, and the "Bayport Industrial District"
in the south.
E. I. du PONT de NEMOURS & COMPANY's Houston plant manufactures agricultural and in-
dustrial chemicals, i.e., fungicides, herbicides, and insecticides, primarily intended
for commercial scale application. The E. I. du Pont Houston Plant employs
people at an annual payroll of approximately $...........
E. I. du Pont de Hemours & Company
In Battleground Industrial District
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Industrial District
Battleqroand
" Power Co.
Houston Li
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U.S. Industrial
In Battleground Industrial District
U. S. INDUSTRIAL (National Distillers and National Petrochemical)
chemical and petrochemical products. The company currently has
annual payroll of approximately $ million.
are producers of
employees and an
now Chemical USA
(formerly Upjohn Corporation)
In Battleground Industrial District
now CHEMICAL USA, formerly Upjohn Co., manufactures specialty chemicals. This plant
employs people with an annual payroll of approximately $
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Ooo~year Tire . Rubber co.
In Bayport In~uetrial Dietrict
GOODYEAR's plant in Bayport produces primarily hydroquinone, a substance used princi-
pally in photography and the production of other specialty organic chemicals. The
plant is located on a 75 acre tract in Bayport, and currently has employees with
annual payroll of approximately $ million.
Big Three Induetries - Right
Fina oil . Chemical, Division of COeden Oil . Chemical (Area) Left Center
Bayport Industrial District
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Ship Channel into Bayport
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UTILITIES
Th. City'. r.sident. are provid.d electricity, ga8 and telephone service by Hou.ton
Lighting and Power Company, Entex, Inc., and Southwestern Bell Telephone, re.pective-
ly, all a. part of the City of Houston system. Water and sewer facilities are
provided by the City-owned sy.tem.
PINANCIAL INSTITUTIONS
Th. following banking facilities are located within the City, a. w.ll .. a .aving. and
loan a..ociation.
Bay.hore National Bank of La Port. ........
La Porte State Bank .......................
Total Combined Depo.it. ...................
Deposi t. a. of
March 31, 1989
, 84,092,786
28,880,508
$112, 973 294
COMMERCIAL DEVELOPMENT
The r..idential and commercial area. of the City of La Porte form the core of the
City, with the Indu.trial Di.trict. flanking the City on the north and .outh. Th. cen-
tral bu.ine.. district lie. ea.t of Highway 146, Which era.... the City from north to
.outh, and contain. re.taurant., .hopping faciliti.. and automobile dealer.hip.. In
addition, there are .ev.ral attractive .hopping c.nter. within the City. Dun .
Brad.tre.t rate. 311 bus in... establi.hment. in the City.
RESIDENTIAL DEVELOPMENT
Residential subdivisions within the City of La Porte are well planned, providing
complete utility services and hard surface streets with curbs and gutters. Homes are
currently priced from $60,000 to $200,000 with construction progressing at a moderate
rate.
EDUCATIONAL FACILITIES
The La Porte Independent School District provides the residents of the City with
excellent school facilities. The School District operates six elementary schools,
three junior high schools, one senior high school and one alternative school. The
District is fully accredited by the Texas Education Agency and the Southern
Association of Colleges and Schools. All of the school faciH ties are fully air-
conditioned and centrally heated and are furnished with modern educational euqipment.
As of May 1989 the school di strict had a student enrollment of 7,359 and a 1988
assessed valuation of $2,392,221,080. The bonds are rated a rating of MAAM by Moody's
Investors Service, Inc. and "AAM by Standard & Poor's Corporation.
HIGHER EDUCATIONAL FACILITIES
The San Jacinto Junior College District encompasses approximately 289 square miles in
southeast Harris County, including the City of La Porte, providing the residents of
the City with higher educational facilities. The College District has three campuses,
the Main Campus adjacent to the City of La Porte on its west sider the North Campus
north of the Houston ship channel, and the South Campus just southwest of Pasadena
wi thin the city limi ts of the City of Houston. San Jacinto College Offers two year
educational programs leading to Associate of Arts and Associate of Science Degrees.
There are five universities located in nearby Houston I the University of Houston,
Rice University, Texas Southern University, St. Thomas University and Houston Baptist
University, all of which offer full four year as well as post-graduate programs.
.JJ.
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La Porte I.S.D. - School Complex
San Jacinto Junior College - Main Campu8
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North
Lookb
146
hWB
Porte - State Hi
La
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REQUEST FO~ITY COUNCIL AGENDA ITEM e
Agenda Date Reque~1V~' 12, 1989
Requested By: St~~ Department:
XX Report Resolution
Public Works
Ordinance
Exhibits: Bid Recap Sealed Bids #0327-Plastic Garbage Bags
SUMMARY & RECOMMENDATION
Advertised, sealed bids #0327 for plastic garbage bags were opened
and read on June 5, 1989. Bid requests were mailed to six (6)
manufacturers with all returning bids.
Low bid meet specifications was submitted by Arrow Industries at
fifty-four cents ($.54) per pound.
During the FY 88/89 Budget process, due to the high costs of
plastic ($.89 per pound), a policy decision was made to reduce the
July bag handout to one (1) roll per customer. The cost for this
contract, using estimated quantities, would be the following for
the one (1) roll handout and the two (2) roll handout:
Two roll handout (including over the counter sales) =
140,800 lbs. = $76,032.00
One roll handout (including increased over-the-counter
sales) =
89,600 lbs. = $48,384.00
Amount budgeted for July handout = $80,000.00
Staff recommends award of bid to Arrow Industries, low bidder
meeting specifications, for the supply of plastic garbage bags in
the amount of $.54 per pound.
Because of the price decrease from $.89 to $.54 per pound, Council
has the opportunity to provide a two (2) roll handout within the
budgeted amount.
Action Required by Council:
Award bid for the supply of plastic garbage bags to Arrow
Industries, low bidder meeting specifications, in the amount of
$.54 per pound.
~ise staff of the number of bags to handout to each customer in
July (1 roll or 2 rolls ).
Availability of Funds:
XX General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number: 001-700-700-215 Funds Available: XX YES NO
Approved for City Council Agenda
Qltl~
Robert T. Herrera
City Manager
f;;-~~
DATE
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CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
JUNE 6, 1989
TO:
SUBJECT:
Steve Gillett, Director of Public Works
Louis Rigby, Purchasing Manager~
Sealed Bid #0327 - Plastic Garbage Bags
FROM:
Advertised, sealed bids #0327 for plastic garbage bags were opened
and read on June 5, 1989. Bid requests were mailed to six
manufacturers with all six returning bids.
Low bid meeting specifications was submitted by Arrow Industries
at $.54 per pound or a total of $65,664.00.
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.
LRlgr
Attachments: Bid Tabulation
xc: Buddy Jacobs, wi attachment
Bill Fitzsimmons, wi attachment
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SEALED BID 110327
PLASTIC GARBAGE BAGS
\
\ ARROW \
INDUSTRIES \
\ '
\
\
\
\
POLY-
AMERICA
i
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I
\
I
\
\
\
\
\
\
ATLAS
ALCHEM
\
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\\ SUNBELT \
PLASTICS I
\
\ I
\ \
\
\ \
\
\
\
\ ARMIN
I PLASTICS
,
\
i
BEMIS,
INC.
, ; ;
1. PRICE PER POUND .54 .55 .565 .625 .66 .73
2. TOTAL PRICE $65,664.00 $66.880.00 $68.704.00 $76.000.00 $80.256.00 $88.768.0C
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: JUne~1989
Requested By: Steve Gillett~artment:
XX Report Resolution
Public Works
Ordinance
Exhibits: Bid Recap Sealed Bids #0324 - Concrete
SUMMARY & RECOMMENDATION
Advertised, sealed bids #0324 for concrete were opened and read on
June 5, 1989. Bid requests were mailed to six (6) area suppliers
with four (4) returning bids.
Low bid meeting specifications was submitted by Houston Shell and
Concrete in the following amounts:
5-sack $45.00 per yard
6-sack $47.50 per yard
There is a six cubic yard (6 cu. yd.) minimum order. Using yearly
estimates, the cost of the contract would be twenty-three thousand
one hundred twenty-five dollars ($23,125.00).
Staff recommends award of bid to Houston Shell and Concrete, low
bidder meeting specifications. Staff further recommends a
contingency contract be awarded to Dorsett Brothers, next low
bidder, should the primary supplier be unable to supply material.
Action Required by Council:
Award bid for supply of concrete to Houston Shell and Concrete,
low bidder meeting specifications.
Award contingency contract to Dorsett Brothers for the supply of
material should the primary supplier be unable to perform.
Availability of Funds:
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
Various
Funds Available:
YES
NO
Approved for City Council Agenda
QT~
Robert T. Herrera
City Manager
-b~
DATE
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CITY OF LA PORTE
~
INTER-OFFICE MEMORANDUM
~
JUNE 6, 1989
TO:
Steve Gillett, Director of Public Works
Louis Rigby, Purchasing Manager~~
Sealed Bid #0324 - Concrete
FROM:
SUBJECT:
Advertised, sealed bids #0324 for concrete were opened and read on
June 5, 1989. Bid requests were mailed to six area suppliers with
the following four returning bids: 1) Houston Shell & Concrete, 2)
Dorsett Brothers, 3) Excell Materials, and 4) Pioneer Concrete.
Low bid meeting specifications was submitted by Houston Shell &
Concrete. Their bid specified a 6 yard minimum order. Using yearly
estimates the cost of the contract would be $23,125.00.
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.
LRlgr
Attachments: Bid Tabulation
xc: Buddy Jacobs, wi attachment
Curtis Herrod, wi attachment
Orville Burgess, wi attachment
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SEALED BID 110324 HOUSTON DORSETT EXCELL PIONEER
CONCRETE SHELL & BROTHERS MATERIALS CONCRETE
CONCRETE
L CONCRETE - 5 SACK 45.00 45.00 46.00 48.50
2. CONCRETE - 6 SACK 47.50 48.00 49.00 51.00
* PRICES BASED ON 6 YD MINIMUM
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: June 1~
Requested By: Steve Gillett~ partment:
XX Report Resolution
Public Works
Ordinance
Exhibits: Bid Recap Sealed Bid #0326 - Liquid Chlorine
SUMMARY & RECOMMENDATION
Advertised, sealed bids #0326 for liquid chlorine were opened and
read on June 5, 1989. Bid requests were mailed to five (5) area
suppliers with two (2) returning bids.
Low bid meeting specifications was submitted by DXI Industries,
our current supplier in the amount of four hundred twenty dollars
($420.00) for one-ton cylinders and fifty-two dollars and fifty
cents ($52.50) for 150 pound cylinders. This is the same cost as
our current contract. Using yearly estimates of usage, the cost
of this contract would be twenty thousand four hundred
seventy-five dollars ($20,475.00).
Staff recommends award of bid to DXI Industries, low bidder
meeting specifications, for the supply of liquid chlorine.
Action Required by Council:
Award bid to DXI Industries, low bidder meeting specifications,
for the annual supply of liquid chlorine.
Availability of Funds:
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
Various
Funds Available:
YES
NO
Approved for City Council Agenda
~} 1) ~
Robert T. Herrera
City Manager
~-~-~
DATE
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CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
JUNE 6, 1989
TO:
Steve Gillett, Director of Public Works
Louis Rigby, Purchasing Manager~
Sealed Bid #0326 - Liquid Chlorine
FROM:
SUBJECT:
Advertised, sealed bids #0326 for liquid chlorine were opened and
read on June 5, 1989. Bid requests were mailed to five area
suppliers with the following two returning bids: 1) DXI Industries
(formerly Dixie Chemical), and 2) Jones Chemical.
Low bid meeting specifications was submitted by DXI. Using yearly
estimates the cost of the contract would be $20,475.00. This is the
same cost as our current contract.
Any cylinder kept longer than 30 days is subject to a demurrage
charge. However, cylinders kept for 90 days would still cost less
than second low bid.
Also, please note that the 150# cylinders will be divided between
Public Works, Parks, and the Golf Course.
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.
LRlgr
Attachments: Bid Tabulation
xc: Buddy Jacobs, wi attachment
Curtis Herrod, wi attachment
Stan Sherwood, wi attachment
Alex Osmond, wi attachment
e
SEALED BID {10326 DXI JONES VAN WATERS
LIQUID CHLORINE INDUSTRIES CHEMICALS & ROGERS
*
1. ONE TON CYLINDER 420.00 500.00 NB
2. 150{1 CYLINDER 52.50 75.00 NB
* Clinders are subiect to demurra2e
char2es
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: June~, ,19.8~
Requested By: Steve Gillett~~artment:
XX Report Resolution
Public Works
Ordinance
Exhibits: Bid Recap Sealed Bids #0325 - Cement Stabilized Sand
and Utility Bedding.
SUMMARY & RECOMMENDATION
Advertised, sealed bids #0325 for cement stabilized sand and 7%
cement stabilized utility bedding were opened and read on June 5,
1989. Bid requests were mailed to seven (7) area suppliers with
two (2) returning bids.
Low bid meeting specifications was submitted by Gulf States
Materials in the amount of:
Cement Stabilized Sand - $13.40 per yard
7% Cement Stabilized Utility Bedding - $8.75 per yard
Using yearly estimates, the total cost of the contract would be
nineteen thousand nine hundred thirty-five dollars ($19,935.00).
Staff recommends award of bid for the supply of cement stabilized
sand and 7% cement stabilized utility bedding to Gulf States
Materials, low bidder meeting specifications. Staff further
recommends a contingency contract be awarded to Parker Brothers,
next low bidder, should the primary supplier be unable to supply
material.
Action Required by Council:
Award bid for supply of cement stabilized sand and utility bedding
to Gulf States Materials, low bidder meeting specifications.
Award contingency contract to Parker Brothers for the supply of
material should the primary supplier be unable to perform.
Availability of Funds:
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
Various
Funds Available:
YES
NO
Approved for City Council Agenda
Q,~ ~
Robert T. Herrera
City Manager
~i~~
DATE
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CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
JUNE 6, 1989
TO:
Steve Gillett, Director of Public Works
Louis Rigby, Purchasing Manage~~
Sealed Bid #0325 - Cement Stabilized Sand
FROM:
SUBJECT:
Advertised, sealed bids #0325 for cement stabilized sand and 7%
cement stabilized utility bedding were opened and read on June 5,
1989. Bid requests were mailed to seven area suppliers with only
two returning bids: 1) Gulf States Materials, and 2) Parker
Brothers.
Low bid was submitted by Gulf States Materials. I spoke with Gary
Brown and was told that Gulf States now offers cement-stabilized
sand. The 7% utility bedding bid by his company is the calcium
sulfate.
Using yearly estimates, the total cost of the contract would be
$19,935.00. (based on Gulf States bid)
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.
LRlgr
Attachments: Bid Tabulation
xc: Buddy Jacobs, wi attachment
Curtis Herrod, wi attachment
Orville Burgess, wi attachment
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SEALED BID 110325 GULF PARKER CAGLE
CEMENT STABILIZED SAND STATES BROTHERS CRUSHED
CONCRETE
1. CEMENT STABILIZED SAND 13 . 40 14.55 NB
2. 7% CEMENT STABILIZED UTILITY 8.75 13 . 40 NB
BEDDING
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REOUEsiltOR CITY COUNCIL AGENDA I~
Agenda Date Requested:
x
Repo rt
COMMUNITY DEVELOPMENT
Requested By: J EL H.
Resolution
Ordinance
Exhibits:
1. Memo from Purchasing
2. Bid Tabulation
SUMMARY & RECOMMENDATION
Advertised, sealed bidsff0321 for the annual mowing contract \rJere
opened and read on May 15,1989. Bid requests were mailed to six
local contractors with the fOllowing two returning bids: 1) Bruce
Goldston, and 2) Jim Sentel.
After researching last years mowing lists, staff has determined
item 111 & 2 to be 91% of the contt'act, item #3 to be 2% of the
contract, and item 114 to be 7% of the contract. Based on this
information, staff determined Bruce Goldston to be low bidder.
Recommendation:
Staff recommends approval of low bid from Bruce Goldston.
Action Required by Council:
1. Approve low bid from Bruce Goldston.
2. Reject all bids and rebid the contract.
Availability of Funds:
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number: 001-g02-g02-S05 Funds Available: X_ YES NO
Approved for City Council Agenda
cn~
Robert T. Herrera
City Manager
to--Y\-~
DATE
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CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
MAY 1 6, 1989
TO:
Ervin J. Griffith, Chief Building Official
Louis Rigby, Purohasing Manage~~
Sealed Bid #0321 - Annual Mowing cont~act
FROM:
SUBJECT:
Advertised, sealed bids #0321 for the annual mowing contract were
opened and read on May 15, 1989. ,~id requests were mailed to six
local contractors with the following two returning bids: 1) Bruce
Goldston, and 2) Jim Sentel.
A determination will have to be made on the number of times each
item will be used to establish a low bid. After this determination
is made 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. .
LRlgr
Attachments: Bid Tabulation
xc: Joel Albrecht, wi attachment
.. . , ' '. .
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SEALED BID 110321 BRUCE JIM
ANNUAL MOWING CONTRACT GOLDSTON SENTEL
1. MOW 25' x 125' LOT 6.75 7.00
2. EACH CONTIGUO,US LOT 4.75 5.00
3. MmJ UNDIVIDED ACREAGE 30.00 25.00
4. MOW RESIDENTIAL HOMESITE
A. FENCE REMOVAL REQUIRED 50.00 50.00
B. NO FENCE REMOVAL REQUIRED 50.00 40.00
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MEMORANDUM
June 7, 1989
TO: Mayor and City Council
FROM: R. T. Herrera, City Manager
SUBJECT: Reactivation of Fire Code Review Committee
There have been two separate requests for review by the Fire
Code Review Committee. This committee has not been active since
January of 1986, at which time the following members were serving
on the committee.
District Member AO'Pointed bv Counciloerson
1 Delbert Walker Delbert Walker
2 Richard Browder John Lloyd
3 Al Fields Ed Matuszak
4 Robert Daniels Deotis Gay
5 Carlos Smith B. Don Skelton
6 Fred Westergren Linda Westergren
At Large A Bryan Moore Betty Waters
At Large B Tom Handy Lindsay Pfeiffer
(Chairman)
Mayor Tom Barrett Norman Malone
Terms of office are for two years, or until their successors
have been named and duly qualified.
As you can see, all of these terms have long since expired.
I would appreciate your direction as to reactivating this
committee at the meeting of June 26.