HomeMy WebLinkAbout1989-08-14 Public Hearing and Regular Meeting
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MINUTES OF THE PUBLIC HEARINGS AND REGULAR MEETING
LA PORTE CITY COUNCIL
AUGUST 14, 1989
1. The meeting was called to order by Mayor Malone at 6:00 P.M.
Members of citv Council Present: Mayor Norman Malone,
councilpersons Betty Waters, Mike Cooper, Ed Matuszak, Bob
McLaughlin, Deotis Gay (arrived at 6:08), B. Don Skelton,
Jerry Clarke
Members of City Council Absent: None
Members of ci tv Staff Present : City Manager Bob Herrera, city
Attorney Knox Askins, city Secretary Cherie Black, Assistant
City Manager John Joerns, Assistant to the City Manager Janie
Bais, Director of Community Development Joel Albrecht,
Director of Public Works Steve Gillett, Finance Director Jeff
Litchfield, Finance Officer Linda Waugh
Others Present: Larry Mabe : representatives from Lubrizol
Corporation; John Black, Bayshore Sun; 26 citizens
2. The invocation was given by Councilperson Skelton.
3. Council considered approving the minutes of the regular
meeting of Council held July 24, 1989.
Motion was made bv Councilperson Clarke to approve the minutes
of July 24 as presented. Second by Councilperson McLaughlin.
The motion carried, 7 ayes and 0 nays (Councilperson Gay had
not yet arrived).
Nays:
Councilpersons Waters, Cooper, Matuszak, McLaughlin,
Skelton, Clarke and Mayor Malone
None
Ayes:
4. The Mayor presented representatives of the Lubrizol
corporation with a proclamation and a plaque in appreciation
of Lubrizol's generous gift of computer equipment to the City.
He expressed his appreciation of the communi ty spiri t of
Lubrizol through their various contributions and involvement
with civic and service projects.
5. The Mayor called Public Hearing A to order: Request of Fish
Engineering and construction, Inc., to rezone outlot 370 and
the western portion of outlot 369, La Porte outlots, from
General Commercial to Light Industrial.
Director of Community Development Joel Albrecht reviewed the
request for Council.
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Minutes, Public Hearings and Regular Meeting
La Porte City Council
August 16, 1989, Page 2
After several questions from Council had been addressed, the
Mayor called for public input in favor of the rezoning. Mr.
Tom Randolph, of Fish Engineering, addressed Council in favor
of the rezoning.
The Mayor asked for public input in opposition to the
rezon1ng. No one came forward. The recommendation of the
Planning and Zoning commission was given, which was to approve
the. rezoning. There being no further input, the Mayor
declared Public Hearing A closed.
The Mayor called Public Hearing B to order - Request of Bay
Area Reclaiming for a special conditional use permit to allow
development of recycling center/salvage yard on 1.32 acres of
an 18.7766 acre tract of the Enoch Brinson Survey, Abstract
5.
Director of Community Development Joel Albrecht reviewed the
request.
The Mayor called for public input either pro or con. No one
came forward. Planning and Zoning Commission recommendation
was read, which was to approve the special conditional use
permit. The Mayor declared Public Hearing B closed.
6. The following citizens addressed Council:
Spero Pomonis, 218 Bay Colony Circle - Thanked the City for
its prompt clean up in his area of storm debris, and asked
that thanks be conveyed to the clean up crews. He also asked
that the Code Enforcement division enforce all of the weed
ordinance, not just the 18" requirement for height of weeds.
Lou Lawler, 1400 N. 10th - Thanked the City, Steve Gillett in
particular, for the clean up after the storm. She had
witnessed one of the preparedness meetings and had nothing but
praise for the department heads and their preparation for the
hurricane.
Charlie Young, 214 Reynolds - Spoke regarding a pending
request to the Planning and Zoning Commission for a tank truck
cleaning facility, and asked that Council consider not
allowing any more of this type business.
Terri Burton, 905 Shadow Creek, addressed Council regarding
the Myrtle Creek traffic problem and the seemingly
inconsistent traffic study report. She pointed out to Council
several examples of this. She is concerned with what can be
done to alleviate the traffic problems.
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Minutes, Public Hearings and Regular Meeting
La Porte City Council
August 14, 1989, Page 3
At this time, Council adjourned into Executive Session to
discuss the following: Legal meet with attorney(s)
regarding Houston Chemical Services, Inc. /Southern Ionics,
Inc.; Personnel - Discuss appointments to various commissions
and Boards. Council went into the Session at 6:50 P.M. and
returned to the Council table at 7:45 P.M. The regular order
of business then resumed.
7. Council considered an ordinance rezoning Outlot 370 and the
western portion of Outlot 369, La Porte Outlots, from General
Commercial to Light Industrial.
The City Attorney read: ORDINANCE 1501-k - AN ORDINANCE
AMENDING ORDINANCE NO. 1501, BY CHANGING CLASSIFICATION OF
THAT ASCERTAIN PARCEL OF LAND HEREIN DESCRIBED; AND PROVIDING
AN EFFECTIVE DATE HEREOF.
Motion was made bY Counciloerson Waters to deny oassaqe of
Ordinance 1501-K. Second by Councilperson Matuszak. The
motion carried, 7 ayes and 1 nay.
Nays:
Councilpersons Waters, Cooper, Matuszak, McLaughlin,
Skelton, Clarke and Mayor Malone
councilperson Gay
Ayes:
8. Council considered approving a Special Conditional Use permit
to allow development of recycling center/salvage yard on 1.32
acres of an 18.7766 acre tract of the Enoch Brinson Survey,
Abstract 5.
Motion was made bY Counciloerson Waters to deny the Soecial
Conditional Use oermit. Second by Councilperson Cooper. The
motion carried, 7 ayes and 1 nay.
Nays:
councilpersons Waters, Cooper, Matuszak, McLaughlin,
Skelton, Clarke and Mayor Malone
Councilperson Gay
Ayes:
9. Council considered an ordinance appointing members to position
6 and the Mayor's Representative of the Fire Code Review
Committee.
The City Attorney read: ORDINANCE 1654-A - AN ORDINANCE
AMENDING ORDINANCE 1654, APPOINTING MEMBERS TO POSITION 6 AND
MAYOR'S REPRESENTATIVE, OF THE FIRE CODE REVIEW COMMITTEE;
PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL CITY OF LA
PORTE ORDINANCES IN CONFLICT HEREWITH; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
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Minutes, Public Hearings and Regular Meeting
La Porte City Council
August 14, 1989, Page 4
Doyle Westergren was appointed to position 6 and Emery Farkas
was appointed as the Mayor's representative.
Motion was made bY CouncilDerson Waters to adoDt Ordinance
1654-A as read by the City Attorney. Second by Councilperson
Cooper. The motion carried, 8 ayes and 0 nays.
Ayes:
Councilpersons Waters, Cooper, Matuszak, McLaughlin,
Gay, Skelton, Clarke and Mayor Malone
None
Nays:
10. Council considered an ordinance amending Chapter 25, Article
2, sections 25-23 of the Code of Ordinances of the City of La
Porte; for the purpose of designating maximum speed limits and
a school zone on Myrtle Creek, from West Main Street (also
known as Spender Highway) to Sugar Creek within the City of
La Porte.
The City Attorney read: ORDINANCE 1466-A - AN ORDINANCE
AMENDING CHAPTER 25, ARTICLE 2, SECTIONS 25-23 OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE; FOR THE PURPOSE OF
DESIGNATING MAXIMUM SPEED LIMITS AND A SCHOOL ZONE ON MYRTLE
CREEK, FROM WEST MAIN STREET (ALSO KNOWN AS SPENCER HIGHWAY)
TO SUGAR CREEK WITHIN THE CITY OF LA PORTE; PROVIDING THAT ANY
PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED
GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN
A SUM NOT TO EXCEED TWO HUNDRED DOLLARS; PROVIDING A
SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by CouncilDerson Gay to adoDt Ordinance 1466-
A as read by the city Attorney. Second by Councilperson
Clarke. The motion carried, 8 ayes and 0 nays.
Nays:
Councilpersons Waters, Cooper, Matuszak, McLaughlin,
Gay, Skelton, Clarke and Mayor Malone
None
Ayes:
11. Council considered an ordinance appointing a Mayor Pro Tem.
Councilperson Cooper nominated Councilperson Betty Waters for
Mayor Pro Tem. Second by Councilperson McLaughlin. There
were no other nominations.
The City Attorney read: ORDINANCE 1658 - AN ORDINANCE
APPOINTING A MEMBER OF THE CITY COUNCIL TO SERVE AS MAYOR PRO
TEM OF THE CITY OF LA PORTE, FOR THE TERM AUGUST 14, 1989,
UNTIL MAY 31, 1990; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
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Minutes, Public Hearings and Regular Meeting
La Porte city Council
August 14, 1989, page 5
Motion was made by Counciloerson Coooer to adoot Ordinance
1658 as read by the city Attorney to aopoint Betty T. Waters
as Mayor Pro Tem. Second by Councilperson McLaughlin. The
motion carried, 8 ayes and 0 nays.
Nays:
Councilpersons Waters, Cooper, Matuszak, McLaughlin,
Gay, Skelton, Clarke and Mayor Malone
None
Ayes:
12. Council considered an ordinance amending Chapter 16, oil and
Gas Wells, of the Code of Ordinances of the City of La Porte.
The City Attorney read: ORDINANCE 1659 - AN ORDINANCE
AMENDING CHAPTER 16, OIL AND GAS WELLS, OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE; CONTAINING A SEVERABILITY
CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS
ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR, AND SHALL,
UPON CONVICTION, BE FINED IN ANY SUM NOT TO EXCEED $200.090;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW: AND PROVIDING
AN EFFECTIVE DATE HEREOF.
Motion was made by councilperson Clarke to adoot Ordinance
1659 as read by the city Attorney. Second by Councilperson
Matuszak. The motion carried, 8 ayes and 0 nays.
Nays:
Councilpersons Waters, Cooper, Matuszak, McLaughlin,
Gay, Skelton, Clarke and Mayor Malone
None
Ayes:
13. Council considered an ordinance establishing rules and
regulations for the operation of La Porte Municipal Airport.
The City Attorney read: ORDINANCE 1660 - AN ORDINANCE
ESTABLISHING RULES AND REGULATIONS FOR THE OPERATION OF THE
LA PORTE MUNICIPAL AIRPORT; PROVIDING THAT FEDERAL AVIATION
REGULATIONS (FAR) SHALL PREVAIL IN CASE OF CONFLICT; PROVIDING
A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; PROVIDING ANY PERSON VIOLATING THE TERMS OF THIS
ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR, AND SHALL
BE PUNISHED BY FINE IN ANY SUM NOT EXCEEDING TWO HUNDRED
DOLLARS ($200.00); AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Counciloerson Skelton to adoot Ordinance
1660 as read bY the City Attorney. Second by Councilperson
Cooper. The motion carried, 8 ayes and 0 nays.
Ayes:
councilpersons Waters, Cooper, Matuszak, McLaughlin,
Gay, Skelton, Clarke and Mayor Malone
None
Nays:
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Minutes, Public Hearings and Regular Meeting
La Porte City Council
August 14, 1989, Page 6
14. Council considered an ordinance regulating the Main street
Fair.
The City Attorney read: ORDINANCE 1608-A - AN ORDINANCE
AMENDING ORDINANCE NO. 1608, AN ORDINANCE REGULATING THE
ANNUAL LA PORTE MAIN STREET FAIR; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Counciloerson Skelton to adoot Ordinance
1608-A as read by the city Attorney. Second by Councilperson
Waters. The motion carried, 8 ayes and 0 nays.
Nays:
Councilpersons Waters, Cooper, Matuszak, McLaughlin,
Gay, Skelton, Clarke and Mayor Malone
None
Ayes:
15. Council considered awarding a bid for remodeling of the
computer room.
Motion was made by Counciloerson Gay to award the bid for
remodeling of the comouter room to Hudson Building Systems,
Inc., in the amount of $10,682.00. Second by Councilperson
Clarke. The motion carried, 8 ayes and 0 nays.
Nays:
Councilpersons Waters, Cooper, Matuszak, McLaughlin,
Gay, Skelton, Clarke and Mayor Malone
None
Ayes:
16. Council considered approving a proposal for inspection of
water storage tanks.
Motion was made by Counciloerson Skelton to aoorove the
orooosal of Donald Graessner. P.E., for insoection of city
water storaqe tanks. at a cost not to exceed $5,350.00.
Second by Councilperson Clarke. The motion carried, 8 ayes
and 0 nays.
Nays:
councilpersons Waters, Cooper, Matuszak, McLaughlin,
Gay, Skelton, Clarke and Mayor Malone
None
Ayes:
17. Administrative Reports: City Manager Bob Herrera complimented
Department Heads on their work on Hurricane Chantal. He will
write letters to them for the record. A damage assessment
report regarding hurricane damages will be sent to Council in
the near future.
Mr. Herrera also announced an audit committee meeting at 5:30
on August 15, with the budget workshop to begin at 6:00 on
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Minutes, Public Hearings and Regular Meeting
La Porte City Council
August 14, 1989, Page 7
that day. There will be budget workshops on Wednesday, and
possibly Friday and Saturday, if the Council so desires.
18. Council Action: Councilpersons Waters, Cooper, Matuszak,
McLaughlin, Gay, Skelton, Clarke and Mayor Malone brought
items to Council's attention.
19. The Executive Session had already been held.
20. There being no further business to come before the Council,
the meeting adjourned at 8:55 P.M.
Respectfully submitted:
~~
Cherie Black, City Secretary
Passed & Approved this the
28th day of August, 1989
J[/W/4 ?7;f~
Norman L. Malone, Mayor
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MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL
JULY 24, 1989
1. The meeting was called to order by Mayor Malone at 6:00 P.M.
Members of City Council Present: Mayor Norman Malone,
Councilpersons Betty Waters, Mike Cooper, Ed Matuszak, Bob
McLaughlin, Mike Shipp, Deotis Gay, B. Don Skelton, Jerry
Clarke
Members of city Council Absent: None
Members of City Staff Present: City Manager Bob Herrera, city
Attorney Knox Askins, City Secretary Cherie Black, Assistant
City Manager John Joerns, Assistant to the City Manager Janie
Bais, Director of Community Development Joel Albrecht,
Assistant Director of Public Works Buddy Jacobs, Director of
Parks and Recreation Stan Sherwood, Finance Director Jeff
Litchfield, Golf Pro Alex Osmond, Parks Superintendent Bert
Clark, Treatment Plant Supervisor Walter Barnes
Others Present: Debbie Barnes; John Black, Bayshore Sun;
approximately 20 citizens
2. The invocation was given by Councilperson Clarke.
3. Council considered approving minutes of the special called
meeting held July 5, 1989.
Motion was made by Councilperson Skelton to approve the
minutes of July 5 as presented. Second by Councilperson
Clarke. The motion carried, 9 ayes and 0 nays.
Nays:
councilpersons Waters, Cooper, Matuszak, McLaughlin,
Shipp, Gay, Skelton, Clarke and Mayor Malone
None
Ayes:
4. The Mayor proclaimed September 4, 1989, as Jerry Lewis
Telethon Day in La Porte. The proclamation was accepted by
Debbie Barnes.
5. Paula Bridges addressed Council regarding the traffic problems
on Myrtle Creek. She asked that Council do something soon to
slow the traffic down. She had contacted the Texas Department
of Public Safety about the problem, and they advised her to
give Council a chance to do something; if nothing is done,
they will look at the problem.
Jo Davis addressed the Council to encourage that they vote for
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Minutes, Regular Meeting, La Porte City Council
July 24, 1989, Page 2
the agenda item to authorize additional funds to fight the
Houston Chemical Services application, and thanked them for
their past efforts. She also expressed, appreciation to
Councilperson Mike Shipp for his efforts on Council, and
wished him well in his new venture.
6. Council considered an ordinance approving and authorizing
agreement by and between the City of La Porte and Hughes Sand
Pits, Inc., for disposal of type IV waste.
The City Attorney read: ORDINANCE 1656 - AN ORDINANCE
APPROVING AND AUTHORIZING AN AGREEMENT BY AND BETWEEN THE CITY
OF LA PORTE, TEXAS, AND HUGHES SAND PITS, INC., FOR DISPOSAL
OF TYPE IV WASTE.
Motion was made bv Council?erson Shipp to adopt Ordinance 1656
as read by the city Attorney. Second by Councilperson
McLaughlin. The motion carried, 8 ayes and 1 nay.
Nays:
Councilpersons Waters, Cooper, Matuszak, McLaughlin,
Shipp, Skelton, Clarke and Mayor Malone
Councilperson Gay
Ayes:
7. Council deferred this item until after the executive session.
8. Council deferred this item until after the executive session.
9. Council considered authorizing emergency repairs to well motor
at water well #1 in an amount not to exceed $4,000.
Motion was made by Councilperson Gay to authorize emergency
repairs to the well motor at water well #1 in an amount not
to exceed $4,000. Second by Councilperson Clarke. The motion
carried, 9 ayes and 0 nays.
Nays:
CouncilpersonsWaters, Cooper, Matuszak, McLaughlin,
Shipp, Gay, Skelton, Clarke and Mayor Malone
None
Ayes:
10. Council considered participation in a utility extension to
serve Chevron service station at Fairmont Parkway and S.H.
146.
Motion was made by Councilperson Shipp to approve
participation in a utility extension to serve Chevron service
station at Fairrnont Parkway and S.H. 146. Second by
Councilperson Clarke. The motion carried, 8 ayes and 1 nay.
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Minutes, Regular Meeting, La Porte City Council
July 24, 1989, Page 3
Nays:
Councilpersons Waters, Cooper, McLaughlin, Shipp,
Gay, Skelton, Clarke and Mayor Malone
Councilperson Matuszak
Ayes:
11. Council considered awarding a bid for liquid bleach and
rejecting a bid for muriatic acid.
,
Motion was made by Councilperson Waters to award a bid for
liquid bleach to Hancock Pool Services and reiect the bid for
muriatic acid. Second by Councilperson Cooper. The motion
carried, 9 ayes and 0 nays.
Nays:
CouncilpersonsWaters, Cooper, Matuszak, McLaughlin,
Shipp, Gay, Skelton, Clarke and Mayor Malone
None
Ayes:
12. Council considered rejecting a bid for a 1/2-ton pick up truck
for Bay Forest Golf Course maintenance division.
Motion was made bv Councilperson Waters to reject the bid of
Knapp Chevrolet for a 1/2-ton pick UP truck. Second by
Councilperson Shipp. The motion carried, 9 ayes and 0 nays.
Nays:
Councilpersons Waters, Cooper, Matuszak, McLaughlin,
Shipp, Gay, Skelton, Clarke and Mayor Malone
None
Ayes:
13. Council considered a consent agenda, as follows: A. Consider
approving purchase of portahle radios through Houston-
Galveston Area Council; B. Consider awarding a bid for
perforated pipe and fittings; C. Consider awarding a bid for
gravel.
Motion was made bv Councilperson Waters to approve the consent
aqenda. Second by Councilperson Cooper. The motion carried,
9 ayes and 0 nays.
Ayes:
CouncilpersonsWaters, Cooper, Matuszak, McLaughlin,
Shipp, Gay, Skelton, Clarke and Mayor Malone
None
Nays:
14. Workshop Item: Review and discuss proposed oil and gas
drilling ordinance.
The City Attorney reviewed the proposed ordinance for council.
Motion was made bv Councilperson Skelton to put this ordinance
on the next agenda for action bv Council. Second by
Councilperson Gay. The motion carried, 9 ayes and 0 nays.
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Minutes, Regular Meeting, La Porte City Council
July 24, 1989, Page 4
Nays:
Councilpersons Waters, Cooper, Matuszak, McLaughlin,
Shipp, Gay, Skelton, Clarke and Mayor Malone
None
Ayes:
15. Administrative Reports: City Manager Bob Herrera informed
Council that the audit committee would meet August 15 at 5:30
P.M. He also noted that an appointment to the committee needs
to be made to fill the position previously held by Alton
Porter.
He stated that he appreciated Paula Bridges' comments, and
would like to meet with her later in the week to discuss
possible actions on the Myrtle Creek problem.
Director of Parks and Recreation Stan Sherwood presented a
report on activities at Little Cedar Bayou Park.
16. Council Action: councilpersons Waters, Cooper, Matuszak,
McLaughl in, Shipp, Gay, Skelton, Clarke and Mayor Malone
brought items to Council's attention. Council wished Mike
Shipp the best in his new endeavor and will miss him being on
Council.
The Mayor then turned the meeting over to Mayor Pro Tern Mike
Shipp, who chaired the meeting for the next item.
17. Council adjourned into executive session at 7: 15 P.M. to
discuss the following: A. Meet with attorney(s) regarding
Houston Chemical Services, Inc./Southern Ionics, Inc.; B. Meet
with City Attorney to discuss Crystal Pools-Texas Insurance
Company contract dispute; C. Meet with City Attorney to
discuss Elizabeth Lane easement matter; D. Discussion of
appointments to Fire Code Review Committee; E. Receive report
from City Manager regarding widening of Bay Area Boulevard
and Underwood Road; F . Receive report from City Manager
regarding Bayport Aviation. Council returned to the table at
8:53 P.M.
council addressed agenda item 7: Consider resolution
regarding widening and improvement of Underwood Road.
The City Attorney read: RESOLUTION 89-10 - A RESOLUTION BY
THE CITY COUNCIL OF THE CITY OF LA PORTE FOR THE WIDENING AND
IMPROVEMENT OF UNDERWOOD ROAD.
Motion was made by Councilperson Skelton to approve Resolution
89-10. Second by councilperson Matuszak. The motion carried,
9 ayes and 0 nays.
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Minutes, Regular Meeting, La Porte City Council
July 24, 1989, Page 5
Nays:
CouncilpersonsWaters, Cooper, Matuszak, McLaughlin,
Shipp, Gay, Skelton, Clarke and Mayor Malone
None
Ayes:
council addressed agenda item 8: Consider authorizing
additional funds from the available General Fund balance to
oppose Houston Chemical Services application for a commercial
hazardous waste incinerator facility.
The City Manager recommended additional funds in the amount
of $210,000 to cover expenses through September.
Motion was made by Councilperson McLaughlin to authorize
additional funds in the amount of $300.000 in order to cover
any unforeseen expenses over the $210.000 recommended. Second
by Councilperson Cooper. The motion carried, 8 ayes and 1
nay.
Nays:
Councilpersons Waters, Cooper, Matuszak, McLaughlin,
Shipp, Skelton, Clarke and Mayor Malone
Councilperson Gay
Ayes:
Executive Session items addressed by Council:
The City Manager was instructed to send a letter to Mr. Lee
Browning, informing Mr. Browning that the City had no interest
in pursuing a condemnation of his property.
The City Secretary was instructed to put an ordinance on the
next agenda to appoint members to the Fire Code Review
Committee.
The Council's consensus was to advise staff that the City is
not interested in acquiring an FBO at La Porte Municipal
Airport.
18. Council considered an ordinance accepting the resignation of
councilperson at Large, position B, and calling a special
election September 9, 1989.
The City Attorney read: ORDINANCE 1657 - AN ORDINANCE CALLING
A SPECIAL ELECTION OF THE CITY OF LA PORTE; TO FILL THE
VACANCY IN THE OFFICE OF COUNCILPERSON-AT-LARGE - POSITION B;
CALLING A RUN-OFF ELECTION, IF NECESSARY; DESIGNATING ELECTION
PRECINCTS AND POLLING PLACES: PROVIDING FOR THE USE OF VOTING
MACHINES; APPOINTING ELECTION OFFICIALS; PROVIDING FOR METHOD
AND DATES OF ABSENTEE VOTING; PROVIDING FOR AN ABSENTEE BALLOT
BOARD; PROVIDING FOR NOTICE; PROVIDING FOR FILING DEADLINE AND
FILING FEES FOR CANDIDATES; PROVIDING A SAVINGS CLAUSE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING
AN EFFECTIVE DATE HEREOF.
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Minutes, Regular Meeting, La Porte City Council
July 24, 1989, Page 6
Motion was made bv Councilperson Shipp to adopt Ordinance 1657
as read by the city Attornev. Second by Councilperson Clarke.
The motion carried, 9 ayes and 0 nays.
Nays:
CouncilpersonsWaters, Cooper, Matuszak, McLaughlin,
Shipp, Gay, Skelton, Clarke and Mayor Malone
None
Ayes:
19. There being no further business to come before the Council,
the meeting adjourned at 9:03 P.M.
Respectfully submitted:
Cherie Black, City Secretary
Passed & Approved this the
14th day of August, 1989
Norman L. Malone, Mayor
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CONSIDER APPROVING MINUTES OF THE REGULAR MEETING OF COUNCIL HELD
JULY 24, 1989
Motion by
Second by
VOTE:
Waters
Cooper
Matuszak
McLaughlin
~l
~ton
Clarke
Malone
Motion carried
~
(/
~ Q~
FOR
~Defeated
AGAINST
ABSTAIN
Tabled
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Reque
x
August 14, 1<:)8<:)
Requested By:
Department: Community Development
Resolution
x
Ordinance
Exhibits:
1 . Staff Repo rt
2. Planning & Zoning Commission Transmittal Letter
3 . Rezoning Ordinance 1501-K
4. Exhibits
SUMMARY & RECOMMENDATION
Rezoning Reauest #R8<:)-004
Summary:
The Plann ing & Zon ing Commi ss ion at thei r July 20, 1989
Public Hearing and Regular Meeting considered rezoning request
R89-004 by Fish Engineering, Inc. The applicants were seeking to
rezone a 21.5 ac re tract located at 1241 Unde rwood Road. The
requested zone change is to Light Industrial. The present tract
zoning is comprised, of General Commercial, R-2 Mid Density
Residential, and R-1 Low Density Residential. The applicants,
during the course of this meeting, ammended their request. They
are currently requesting the zone change only for the General
Commerical portion of the tract.
Recommendation:
The Planning & Zoning Commission recommended approval to the
ammended request for Fish Engineering.
Action Required by Council:
1. Hold Public Hearing to consider rezoning request
R89-004.
2 . At close of Publ ic Hea ring, app rove 0 r deny rezon ing
Request R89-004 by means of passage or rejection of
Ordinance 1501-K.
3. Table the request for further consideration.
Availability of Funds:
N/A
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
Funds Available:
YES
NO
Council A enda
~/O/Bl
DA 'I(E (
~,
T. Herrera
Manager
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CITY OF LA PORTE
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APPLICATION FOR
ZONE CHANGE REQUEST
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/ Receipt No.: 07 L_ ..
(~Site Plan () Minor Development Site Plan
( ) Major Development Site Plan () General Plan
( ) Site Plans Submitted on
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APPLICANT I S NAHE: r/S~ ~N&." aON.Jr-~tLq-tfJJ() 1"0
Address: 71J~1l€ p...;7" tM,&:Qt:NT'f!.6L I~ L5::~H: :;~Oll
Date: ",-~o_fC:: 'Signature: ~_. /!~~,-- ~
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OVlNER I S HAHE: t=i.s 4' eNe;... "" CfDlUrl'fLc'7'"tt 1(/ E~~- BI9SCO
Add res s : ,-1,1. eE ~..,- t!'J IfI:= t:!e Ic/tEA' I r9l'J ~ /Qr7"M'P H : 'i'? o.C il8'"'f(
Property Legal Description: (>Q See Attached
I AM THE OWNER OF THE HEREIN DESCRIBED PROPERTY AND
IS AUTHORIZED TO FILE THIS APPLICATION ON MY BEHALF.
Date: 6-30-f7 Signature: /)., /a.,~.&,~
Zone: 8.e.
Requested Zone Change: L.~
SIC No. LJ A
Proposed Usage: --AJ./J.
----------------------------------------------------------------------
----------------------------------------------------------------------
OFFICE USE ONLY
1) Planning & Zoning:
(a) Preliminary Meeting - A//Jf
(b) Public Hearing/Mtg. - 1j20,!qr
Recommendation:
Applicant Notified of Date(s): ( ) 1st Mtg.
( ) 2nd Mtg.
Adjoining Property Owners Notified:
2) City Council:
(a) Regular Meeting
(b) Public Hearing/Mtg. -
Approved ( )
Denied ()
Adopted by Amendment Ord. 111501 - _
CONTINUED ON NEXT PAGE
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REZONE REQUEST R89-004
Requested For:
1241 Underwood Road
Leqal Description:
*Outlot 370 & the western portion of
Outlot 369; La Porte Outlots & further
described as a tract of land extending
484' along Underwood Road and East a
distance of 726'(See Exhibit A)
Requested By:
T. M. Randolph of Fish Engineering &
Construction Inc., Owner
Present Zoninq:
* G. C.; General Commercial
Requested Zoninq:
L. I.; Light Industrial
Backqround:
The tract in question is comprised of a large fenced yard
which contains an office/shop building and several large metal
warehouse/shop buildings. The total tract encompasses
approximately 21.5 acres. It was developed prior to the La Porte
Lomax incorporation.
The complex was formerly occupied by Fish Engineering. At
that time, the facility was set up as an industrial fabrication
shop and storage yard.
Fish has not occupied this complex for several years. In
the intervening period the facility has been under lease to
Refurbco. This company is the business of repairing and
rebuilding mobile homes. At the time Refurbco moved into the
facility, their occupation complied with applicable zoning
regulations. However, the passage of Ordinance '1501 and its
accompanying zoning map has rendered this use nonconforming.
Fish is presently attempting to sell this property. Several
prospective buyers have decided against purchasing the property
due to the present zoning restrictions.
The property crosses through three different ;use zones: G.
C.; General Commercial, R-2; Mid Density Residential and R-1; Low
Density Residential (See Exhibit B). The facility is designed to
act as an industrial fabrication shop. This has, in general,
been the type of businesses looking into purchasing the property.
Fish is requesting a rezoning to Light Industrial in order
to facilitate the sale of the property. The feel the rezoning of
General Commercial is inappropriate in this area due to the
predominately industrial nature of this portion of the Underwood
corridor. To support this contention, the applicants have
supplied a list of industrial establishments presently located on
both the Deer Park and La Porte sides of Underwood (See Exhibit
C). The applicants also point to the decrease value of the
property if the present zoning is allowed to stand.
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Analysis:
In developing the Comprehensive Plan, one of the City's
primary concerns was to protect the integrity and value of
residential zones. One of the primary means used to accomplish
this goal was the concept of buffering residential districts from
nearby industrial development.
Implementation of buffering can clearly be seen along the
northern end of Underwood Road (See Exhibit D). As indicated by
the development along the northern portion of Underwood Road.
This development is however primarily located on the western
(Deer Park) side of Underwood. The predominately residential
Lomax area is located to the east. To the north, industrial
zoning has been applied in the form of a ;P.U.D., classification
with an underlying Industrial land; use designation. Here the
P.U.D. oversight controls provide protection for the nearby
single family areas with Public ;Use and Mid to High density land
use designations providing further buffering. The existing Dow
Chemical facility lies north of the P.U.D. zone in a well
insulated L.I. Zone.
Farther south on Underwood (The area in which Fish and H. B.
Zachry are located), the G.C. zoning which is in place is
designed to buffer the western end of Lomax from the Deer Park
industrial developments. The R-1 portions of Lomax are further
buffered by R-2 zoning as seen on Exhibit D. In considering this
request, the Commissions primary task is to weigh the
Comprehensive Plan's intent to protect residential integrity
against the applicant's contention that the amount of existing
industrial development in the area has rendered the Plans intent
for this area inappropriate.
Conclusion:
Fish's contention that existing zoning in this area is
inappropriate does contain a good deal of merit. However, the
Comprehensive Plan's intent to preserve and enhance residential
integrity is still of paramount importance and in the absence of
alternative residential protections, should be upheld.
Recommendation:
Deny rezoning request R89-004.
Planninq & Zoninq Commission Recommendation:
Approve rezoning request R89-004 as amended.
*As amended by the applicants at the Planning & Zoning Public
Hearing of July 20, 1989.
.-
* As amended ~y the applicants
of July 20, 1989
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RECEIVED
JUL 1 2 1989
CODE ENFORCEMENT
.'
July 11, 1989
City of La Porte
P. O. Box 1115
La Porte, Texas 77571
Attention: Mr. Mark Lewis
Inspector . Code Enforcement
Re: 1241 Underwood Road
Fish Engineering & Construction, Inc.
Question of Re-Zoning ,
Dear Mr. Lewis:
The followin~ information is presented in respect of the scheduled meeting of the Zoning
Commission on July 20, 1989 where the question of zoning of the referenced property is
being discussed.
\
Fisb feels that the property should be re-zoned as "light industrial" for many reasons, not,
the least of which is the activity for which the property has been used in the past and the
type of businesses and use to which the properties in similar situs along tbe same route
are being used today. The following businesses are functioning as "light industrial" in the
immediate area on the Deer Park side of Underwood Road:
N.U.C.O. Office and Storage Yard
Amber Fabrication and Construction
Dashiell Construction Company
, Comex Construction Company
Holt Construction Equipment Yard
Heckel's Automotive and Industrial Repair
Deer Park Transfer Station
Fluor Equipment Storage
Colt Industries Fabrication
, EXHI81f C
./
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City of La Porte
Page 2
The following businesses are functioning as "ligbt industrial" on the La Porte side of
Underwood Road:
H. B. Zachry Construction
Dow Chemical (large storage tank and office building)
Fish Engineering & Construction, Inc.
The financial impact of zoning the property frontage "commercial" and the bulk of the
property "residential", to Fish, is devastating. The property is listed on the La Porte tax
roles at $750,000 (just increased).. The property is for sale and five (5) potential buyers
have offered varying amounts of approximately $750,000 for the property. All potential
buyers would require that the property be zoned "light industrial". It appears that the
property is worth something less than $300,000 if used for residential or commercial
purposes. The lost of value to Fish is very significant. There is also 'an oyera111oss of tax
value to the City of La Porte resulting from this zoning. Fish has discussed this problem
with other property owners in the area who bave similar concerns about this potentially
dramatic drop in their property value.
Fish appreciates you and the Zoning Commission taking a further look at this situation.
If there is any additional information n~eded, please advise. .
cc: Mr. Robert T. Herrera, City Manager
EXH'B1f C
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EXHIBIT D
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CITY OF LA PORTE
PHONE (713) 471-5020 . P. 0, Box 1115 . LA PORTE. TEXAS 77571
July 24, 1989
Honorable Mayor Norman Malone and City Council
City of La Porte
RE: Rezoning Request R89-004
Dear Mayor Malone,
The Planning & Zoning Commission, at our July 20, 1989 Public
Hearing and Regular Meeting considered a request to rezone a 21.5 acre
tract of property located at 1241 Underwood Road to Light Industrial.
The present zoning classifications are General Commercial, R-2 Mid
Density Residential and R-1 Low Density Residential.
During the course of the meeting, Fish Engineering Inc., the
applicants, amended their request. They are currently seeking a
rezoning only on the General Commercial portion of the tract.
The Commission has recommended granting this rezoning request in
its amended form.
Respectfully submitted,
et Graves, Chairman
nning & Zoning
mission
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REOUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
August 14, 1989
Requested By:
Joel Albrecht Department: Communitv Development
x
Report
Resolution
x
Ordinance
Exhibits:
1. Staff Repo rt
2. Letter of Transmittal from Planning & Zoning Commission
3. Special Conditional Use Permit #SCU89-002
4. Exhibits
SUMMARY & RECOMMENDATION
Soecial Conditional Use Permit Request SCU#89-002
Summarv:
The PI ann ing & Zon ing Commi ss ion at the i r July 20, 1989
Public Hearing and Regular Meeting considered the request by Bay
Area Reclaiming for a Special Conditional Use Permit. The purpose
of this permit, which is requested for a 1.32 acre tract located
at 1211 Sens Road, is to allow the development of a recycling
colleciton center and salvage yard.
The Commission has recommended approval of this request
subject to the conditions listed in Staff's report and on Special
Conditional Use Permit SCU89-002.
Recommendation:
Approve Special Conditional Use Permit SCU89-002 with the
listed conditions.
Action Required bv Council:
1. Hold Public Hearing to consider Special Conditional Use
Permit Request SCU89-002.
2. At close of Public Hearing, call for vote to approve or
deny Special Conditional Use Permit SCU89-002, either as
presented or with ammendment to listed conditions.
Availability of Funds:
N/ A
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
Funds Available:
YES
NO
Aooroved for City Council Agenda
G~r~
Robert T. Herrera
City Manager
~ \ J() l <6q
DATE
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CITY OF LA PORTE
e
APPLICATION FOR
SPECIAL CONDITIONAL USE PERMIT
----------------------------------------------------------------------
OFFICE USE ONLY:
Fee:
$100.00
Application No.:
Date Received:
Receipt No.:
<69 - /2)~
.5-.3/-.9;1
p ~ ,?/-J'9~
Certified Plans Submitted:
( ) General Plan () Major Development Site Plan
( ) Minor Development Site Plan () Preliminary Plat
----------------------------------------------------------------------
Person Making Request:
WTLMA DF.AN Rn'RTN~nN
Mailing Address:
P. O. Box 66
City/State:
'La Porte, Tex.
Phone: 470-0619
BUSINESS NAME:
PROPERTY ADDRESS:
LEGAL DESCRIPTION:
Bay Area Rec1aiminq
1211 Sens Road, La Porte, Texas
1.32 acres out of 18.7766 acres, as per survey furnished
ZONE: L. 1.
SIC USE CATEGORY:
May 30, 1989
Date
TYPE OF BUSINESS:
OFFICE USE ONLY
Date of P & Z Public Hearing:
Recommendation: Y or N
Date of City Council Meeting:
Approved: Y or N
Zone:
This application is:
Approved ( )
Permit /I
Denied ( )
CLP JOB 1=
(If Assigned Yet)
Conditions:
Zoning Administrator
Date
CED/1-'87
RECEI,VEQ
MAY 31 1989
CODE ENFORCEMENI
e
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SPECIAL CONDITIONAL USE PERMIT
Application:
SCU f189-002
Requested for:
1.32 acres out of an 18.7766 acre tract of the
Enoch Brinson Survey, Abstract 5 (See Exhibit A)
Street Address:
Not Assigned
Zoning:
Light Industrial (LI)
Requested By:
Judy Berry,
represented by
Reclaiming
Executrix, Jennie Reid Estate,
Wilma Dean' Robinson of Bay Area
Purpose of Request:Development of a recycling center/salvage yard
Background:
The tract in question is located at the southeastern corner of the
Sens Road, Highway 225 intersection (See Exhibit A). It is presently
enclosed by a cha inl ink fence. The appl icants, who are leasing the
property from the Jennie Reid Estate, are proposing to establish a
recycling center and auto salvage yard on the site.
The recycling center would handle aluminum, copper, and paper.
The applicants are proposing to handle glass recycling in the future.
The center would serve as a collection point with materials being
stored in large dumpster like containers. No actual recycling or
reprocessing would take place on the premises.
The proposed salvage operation would involve the tearing down of
junk vehicles with parts to be salvaged for resale.
Analysis:
As noted, this tract is zoned LI, Light Industrial. Both
recycling centers and salvage yards are listed conditional uses within
LI Zones.
Section 10-202 of the zoning ordinance sets the following criteria
for granting a Special Conditional Use Permit:
1. That the specific use will be compatible with and not
lnJur ious to the use and enjoyment of other property, nor
sign ificantl y d imin i sh or imp a ir property values with in the
immediate vicinity.
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Special Conditional Use Permit #89-002
Page 2
2. That the conditions placed on such use as specified in each
district have been met by the applicant.
3. That the applicant has agreed to meet any additional
condi tions imposed, based on spec ific site constraints, and
necessary to protect the public interest and welfare of the
community.
Of these three cr i teria, the first is the most important dur ing
application review. This property, while surrounded by industrial
development, is prominently located along one of the major "gateways"
to La Porte. Its appearance and use to which it is put will therefore
have major impact on the use and value of surrounding tracts.
A large auto salvage yard operated in this location for several
years. This operation was a major eyesore and blighting influence on
the surrounding area. Further, the yard became a serious safety
hazard as evidenced by a large brush fire that took place
approximately two (2) years ago. This fire fed on a very large
accumulation of tires and debris left over from the earlier salvage
operation. The tires in addi tion to causing the fire to be very
difficul t to extinguish, generated a large volume of toxic, noxious
smoke. Additionally, this fire endangered several homes and a
business located on 26th and "P" Streets. Preventing these types of
conditions from arising again is of the utmost importance.
In order to insure that the proposed establishment operates in a
manner which would not be detrimental to the surrounding area, staff
feels the following conditions should be imposed.
1. Operator must obtain a salvage yard license as required by
Ordinance #1125 as well as complying with all other
provisions of this ordinance and State Law.
2. The site should be completely enclosed with a landscape
screen with the planting plan to be approved by the Director
of Community Development.
3. All materials brought in for recycling must be stored
inappropriate bins at all times. No materials shall be left
or stored outside of these bins at any time. No bins shall
be placed outside of the required landscape screen.
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Special Conditional Use Permit 89-002
Page 3
4. The entire site shall be surfaced in a manner which will
inhibit the generation and spread of dust.
5. All weather dr i veways of at least twenty-five (25) feet in
width shall surround all bins and auto storage areas.
6. The yard shall be lighted with all lights directed away from
rights of way, homes, and other places of business.
7 . Any cutting, burning, or wel ding assoc iated with the
disassembly of vehicles must take plac~ only during daylight
hours and within the screened area.
8. All waste oil from vehicles shall be contained and disposed
of in a manner which conforms with all applicable
requirements of the City of La Porte.
Conclusion:
While this application appears to qualify for a Special
Conditional Use Permit, the prominent location of this site calls for
careful consideration.
Should this permit be approved, strict adherence to all of the
above listed conditions is of the utmost importance.
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CITY OF LA PORTE
PHONE (713) 471-5020 . P,O Box 1115 . LA PORTE. TEXAS 77571
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July 24, 1989
Honorable Mayor Norman Malone & City Council
City of La Porte
RE: Special Conditional Use Permit Request nSCU89-002
Dear Mayor Malone,
The Planning & Zoning Commission, at our July 20, 1989 Public
Hear ing and Regular Meet ing, considered a special conditional use
permit request submitted by Bay Area Reclaiming. This permit is
requested to allow the applicants to develop a recycling collection
center and salvage yard to be located at 1211 Sens Road. This
property which is located at Hwy 225 and Sens Road is zoned Light
Industrial.
The Commission has recommended approval of this request subject to
the conditions listed on the attached Special Conditional Use Permit.
Commissioner Charles Boyle and Assistant City Attorney John
Armstrong submitted conflict of interest letters and disqualified
themselves from participating in the discussion and vote regarding
this matter.
Respectfully submitted,
t Graves, Chairman
ning & Zoning
mission
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CITY OF LA PORTE
SPECIAL CONDITIONAL USE PERMIT
Ordinance 11501
Permit NO. SCU89-004
CLP Job No.
This permit issued to:
Wilma Dean Robinson
Owner or Agent
P.O. Box 66. La Porte. Texas
Address
For Development of:
Bay Area Reclaiminq
Development Name
1211 Sens Road
Address
1.32 Acres out of an 18.7766
of the Enoch Brinson Survey,
Legal Description
acre tract
Abstract 5
Zoning: ~
PERMIT CONDITIONS
Failure to begin construction within one (1) year after issuance
or as scheduled under the terms of a special conditional use
permit shall void the permit as approved, except upon an
extension of time granted after application to the Planning and
Zoning commission.
If construction is terminated after the completion of any stage
and there is ample evidence that further development is not
contemplated the ordinance establishing such special conditional
use permit may be rescinded by the City Council, upon its own
motion or upon the recommendation of the Planning and Zoning
Commission of the City of La Porte, and the previous zoning of
the entire tract shall be in full effect on the portion which is
undeveloped.
Additional Conditions
1. Operator must obtain a salvage yard license as required by
Ordinance 11125 as well as complying with all other
provisions of this ordinance and State Law.
2. The site should be completely enclosed with a landscape
screen with the planting plan to be approved by the Director
of Community Development.
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Special Conditional Use Permit 89-002
Page 2
3. All materials brought in for recycling must be stored
inappropriate bins at all times. No materials shall be left
or stored outside of these bins at any time. No bins shall
be placed outside of the required landscape screen.
4. The entire site shall be surfaced in a manner which will
inhibit the generation and spread of dust.
5. All weather driveways of at least twenty-five (25) feet in
width shall surround all bins and auto storage areas.
6. The yard shall be lighted with all lights directed away from
rights of way, homes, and other places of business.
7. Any cutting, burning, or welding associated with the
disassembly of vehicles must take place only during daylight
hours and within the screened area.
8.
All waste oil from vehicles shall be
of in a manner which conforms
requirements of the City of La Porte.
contained and disposed
with all applicable
Validation Date:
Zoning Administrator
City Secretary
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SUBJECT ON WHICH I WISH TO SPEAK:
jfjl/I'. -r?(tJ r.:./r( ~"E P) /1/1 J/~
DATE:
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NAME: 2EJ: R 0 s, -?O lY\ t) f\J \S
ADDRESS: ~ ~ 'BA'1. CO LO Yv ~ C )~.
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SUBJECT ON WHICH I WISH TO SPEAK: I'n \ \\Arvl( 'do u 'f
WE"f"D ~
-
DATE: _Av~ 1 ~, ~)
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NAME: 7.-'JV/t RAIVOOL/lL
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ADDRESS: ';;;' t// CL N~C"~~ Cle>D (< 0
SUBJECT ON WHICH I WISH TO SPEAK:
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DATE:
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ORDINANCE NO. l50l-K
AN ORDINANCE AMENDING ORDINANCE NO. 1501, BY CHANGING CLASSIFICA-
TION OF THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED: AND PROVIDING
AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
The City Council of the City of La Porte hereby
finds, determines and declares that heretofore, to-wit, on the 20th
day of July, 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 and the possible
reclassification of the zoning classification of the hereinafter
described parcels of land. 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 July
20, 1989, to consider the changes in classification which were the
subject of such public hearing. The City Council of the City of La
Porte is in receipt of the written recommendations of the City of
La Porte Planning and Zoning Commission, by letter dated July 24,
1989, the original of which letter is attached hereto as Exhibit
"C", incorporated by reference herein and made a part hereof for
all purposes.
Section 4. On the 14th day of August, 1989, at 6:00 P.M., a
public hearing was heJd before the City Council of the City of La
Porte, pursuant to due notice, to consider the question of the
possible re-classification of the zoning classification of the
hereinafter described parcels of land.
There is attached to this
Ordinance as Exhibit "D", 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
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Ordinance 1501-K, Page 2
finds was properly mailed to the owners of all properties located
within two hundred feet (200') of the properties under considera-
tion.
Section 5.
The Publisher's Affidavit of Publication of
notice of said hearing is attached hereto as Exhibit "E", and
incorporated by 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 written recommenda-
tions 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 clas-
sification of the hereinafter described parcels of land, situated
within the corporate limits of the City of La Porte, is hereby
changed and the zoning classification of said parcel of land shall
hereafter be as described in Exhibit "F". The description of said
parcels of land re-zoned are as follows, to-wit:
More particularly described by metes and bounds on
Exhibit "F" , 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,
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. This Ordinance shall be effective fourteen (14)
days after its passage and approval. The City Secretary shall give
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Ordinance 150l-K, Page 3
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
CITY OF LA PORTE
, 1989.
By:
Norman Malone, Mayor
ATTEST:
By:
Cherie Black,City Secretary
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STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provlslons 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 20th day of July, 1989, in the Council Chambers
of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The
purpose of the Public Hearing is to consider rezoning Outlot 370
and the west 161.33 feet of Outlo~ 369, La Porte Outlots, to Light
Industrial zoning. The present zoning of the tract includes
General Commercial, Mid-Density Residential, and Low Density
Residential. The hearing is requested by Fish Engineering and
Construction, Inc., 1241 Underwood Road.
A regular meeting will be held following the public hearing
for the purpose of acting upon the public hearing item and conduct
other matters pertaining to'the Planning and Zoning Commission.
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
EXH1TQ'iP1P '1
1.L~1 JI.. f'1..
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PUBL!C NOlI";E
NOtlm: OF -~
PUBLIC HEARING
In accordance with the provisions of"
Ordinance 1501, the City of La Porte Zon- ~.
ing Ordinance. notice is hereby given that
the La Porte Planning and Zoning Com- '
mission will ccnduct a public hearing at I
7:00 P ,M, on the 20th day of July, 1989, in' ~
the Council Chambers of the City Hall.,'
604 west~'rm t Parkway I La Porte. ;
Texas, To p rp eOf5he Iic Hearing ,
is to coalider e n,ing, ot 370 and the ,~
west 161.33 e o~ ' La Porte I
Oullots, to It, d s' ning, The:
present zon of tract Includes Gen- ,
eral Commed I. Mid-Density Residen- .
tial, and Low-Density Residential. The
hearing is requested by Fish Engineering
and Construction. Inc., 1241 Underwood
Road.
A regular meeting will be held following'
the public hearing for the purpose of act-.
ing upon the public hearing item and con-
duct others matters pertaining to the Plan-'
',ing and Zoning Commisison.
Citizens wishing to address the Com-
T,ission plo or con during the Public Hear-'
'9 will be required to sign in before the
"eeting is convl;lned,
CITY OF LA PORTE
Cherie Black
City Secretary
~B
La Porte; Texas 77511
(113) 471-1234
Ls
the undersigned authority, ,on this date
red Sandra E. Bumgarner, duly authorized
ayshore Sun, a. semi-weekly newspaper
puqlished in La Porte, Harris County, Texas, and who
after being duly sworn, says the attached.notice was
published in The Bayshore Sun of July 05, 1989
'.
~'Y~(4-/ i. ~;}f~~0-/
Sandra E. Bumgarner
Office Manager
Sworn and subscribed before
A . D. 19 lIe; .
me this ..d..7... day of 9~
c=-4A.~~ /II, ~~__-
Notary Public
Harris County,
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CITY OF LA PORTE
PHONEt713j471.5020 . P,OBoXl115 . LAPORTE,TEXAS77571
July 24, 1989
Honorable Mayor Norman Malone and City Council
City of La Porte
RE: Rezoning Request R89-004
Dear Mayor Malone,
The Planning & Zoning Commission, at our July 20, 1989 Public
Hearing and Regular Meeting considered a request to rezone a 21.5 acre
tract of property located at 1241 Underwood Road to Light Industrial.
The present zoning classifications are General Commercial, R-2 Mid
Density Residential and R-1 Low Density Residential.
Dur ing the course of the meeting, Fish Engineer ing Inc., the
applicants, amended their request. They are currently seeking a
rezoning only on the General Commercial portion of the tract.
The Commission has recommended granting this rezoning request in
its amended form.
Respectfully submitted,
et Graves, Chairman
Zoning
EXHIBIT (~
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STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provlslons of Ordinance 1501,~he City
of La Porte Zoning Ordinance, notice is hereby given that the La
Porte City Council will conduct a public hearin~ at 6:00 P.M. on
the 14th day of August, 1989, in the Council Chambers of the City
Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of
the Public Hearing is to consider rezoning Outlot 370 and the
western portion of Outlot 369, La Porte Outlots, further described
as a tract of land extending 484' along Underwood Road and
extending from Underwood Road east a distance of 726', to Light
Industrial zoning. The present zoning of the tract is General
Commercial. The hearing is~ requested by Fish Engineering and
Construction, Inc., 1241 Underwood Road.
A regular meeting will be held following the public hearing
for the purpose of acting upon the public hearing item and conduct
other matters pertaining to the City Council.
Citizens wishing to address the Council pro or con during the
Public Hearing will.b~,required to sign in before the meeting is
convened.
CITY OF LA PORTE
Cherie Black
City Secretary
EXHIBIT 1)
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Cherie ! l..4 p
4..l, Cily S clack OIT.,.~
I ' , flere/CIty
La Porte; Texas 71571
(713) 411-1234
PUBLIC NOTICE.
NOTIC~ OF
I ,ptJ9l/Q..,HEAAING
n acc6rtlknce with the . .
~rdinance 1501, the CIIy of prOYlSlOns of
109 Ordinance "otice' h La Porte Zon- "
the La Porte CIIy Co~s fre~y given that
public hearing at 6:00 o,;/M WI I COnduct S'j e
day of August. 1989 Inth 'C' on !he 14th L
'ers of t City Hal; 604e Wounc"9ham-
'arkw p . est Falrmont
,f the ubli Heo .e, ?,exas. Th~ purpose
'9 Oul/ot 0 dng,s to consider feZon-
Jutlot 36 l p the western POrt/on of
:;:;cribed a c~torte O~. further
)!lg Un rw d 0 Ing4~'
"n Underwo A tendIng
'6', to Light I US~rIal lance of
,-,i ~oning of e tra . The pre- H a r r i s
"Clal The he '. General Com-
j;!Je~rjng an~~ng eq~ested by Fish
:ierwood Aoad,onslrucliOn, Inc" 1241 'exas
, regular meelin '11 be
public he~rjng f~~e held fOllowing
upon the public 'he . p~rpose ot aCI-
. th a"ng Item and
: 0 er malters pertal I con-
. ',cil, " ~ ng to the CIIy
:.~zcoenns dWis~ing 10 address the Counc,"
, u"ng the P bl' H appeared Sandra E. Bumgarner, duly author ized
'quired 10 sign In ~ Ie th earing ':Viii
;wened., ore "emeeling The Bayshore Sun f a semi-wee)<:ly newspaper
re Sun
me, the undersigned authority, ,on this date
publisheo in La Porte, Harris County, Texas, and who
after being duly sworn, says the attached notice was
published in The Bayshore Sun of July 30, 1989
/Ja'~L~ 1. /n~cf'V1'l~
Sandra E. Bumgarner
Office Manager
Sworn and subscribed before
A.D. 19f1.
me this ~ day of ~
~'-'--1?~ytC,,<? h, 1~--~
Notary Public
Harris County, Texas ......................
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"":"~;.P" It. ] .'167 ACRE TRACT or LAND OUT 0" THE ENOCH
BItINSOH SURVEY. ABSTRACT NO. S, HARJU$
COUNTY. TEXAS I
BEGINNINC AT It. 5/B. IRON ROD FOUND AT THE INTERSECTION OF THE
SOUTH LINE or LA PORTE OUTLOT ) 70 ....~D THE EAST ltIGHT-oP'-WAY ,.I
LINE OF UNDERWOOD ROAD (60' WIDEI,
! THENCE N 00. 01 f w 183. 20 FEEt' ALONC THE EAST RICHT..OF...WAY LINE
OF t..'NDERWOOD ROAD TO It. 1/'" IRON ROD SeT rOR CORNER;
TNt"CE EAST 917.00 FEET TO A 1/2. IRON ROO SET FOR CORNER,
THENCE so. JS' 0)" w 183.21 FEET TO A 1/''" laOH ROD S~ rOR
CORNER;
THENCE WEST us.os rEr;T TO TH! POINT or BEGINNING AHD CONTAININC
171,481 SQUAU FEET OR 3.9367 ACRES OF LAND.
NOTE: PLAT RECORDED IN VOWHE U. PAG! ) 14, H.URI
COUNTY MAP RECORDS.
THIS TRACT DOES NOT LIE WITHIN THE 100 YEAR
FLOOD PLAIN. (PANEL' 484411700100, 11/1/IS,
SHANKS SURVEYORS
DUWH ....:
'OR:' rISR
PURCHASER:
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T.S.
J.E.B.
tNGIHEERINC
940 GEMIN
I HEREBY C[JtTI'Y THAT TMIS $UltVEY
CCNF'ORN$ TO THe CVRRtNT T~U,Z
SUR\'El'ORS ASSOCIATION STANDARDS
"HD $P[ClFlCATIOHS fOA A CATEGORY
II, CONDITIOH , SURVt:Y.
488,8305
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DATE:
SURVEY
OF A 3.9367 ~CRE TRACT OUT OF THE ENOCH BRINSON SURVEY,
ABST. 1<<). 5. HARRIS COUNTY, TEXAS
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CONSIDER ORDINANCE REZONING OUTLOT 370 AND THE WESTERN PORTION OF
OUTLOT 369, LA PORTE OUTLOTS, FROM GENERAL COMMERCIAL TO LIGHT
INDUSTRIAL (Ord. 1501-K) - J. Albrecht
Motion by
Second by
{Jj (L,G~
"1Y '\ n.~-3 If ..tv
FOR
to ,l-~, Ii, :r
VOTE:
AGAINST
ABSTAIN
Waters
Cooper
Matuszak
McLaughlin
Gay
Skelton
Clarke
Malone
V---'
Motion carried
Defeated
Tabled
'"
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.jo,
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CONSIDER APPROVING SPECIAL CONDITIONAL USE PERMIT TO ALLOW
DEVELOPMENT OF RECYCLING CENTER/SALVAGE YARD ON 1.32 ACRES OF AN
18.776 ACRE TRACT OF THE ENOCH BRINSON SURVEY" ABSTRACT 5 -
J. Albrecht
Motion
Second
VOTE:
Waters
Cooper
Matuszak
McLaughlin
Gay
Skelton
Clarke
Malone
bYW~
by ~~~
FOR
Motion carried
Defeated
to ~_({ ~,J
AGAINST
~
ABSTAIN
Tabled
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ORDINANCE NO. 1654-A
AN ORDINANCE AMENDING ORDINANCE 1654, APPOINTING MEMBERS TO
POSITION 6 AND MAYOR'S REPRESENTATIVE, OF THE FIRE CODE REVIEW
COMMITTEE; PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL CITY OF
LA PORTE ORDINANCES IN CONFLICT HEREWITH; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte hereby
makes the following appointments to the Fire Code Review Committee
of the City of La Porte, for the term beginning July 1, 1989, and
ending on June 30, 1991; provided, however, all appointees shall
serve until their successors have been duly appointed and
qualified.
District 6
Mayor's Rep.
h~4 Vl~1x-b~
, fi
Section 2. If any section, sentence, phrase, clause or any
part of any section, sentence, phrase, or clause, of this
ordinance shall, for any reason, be held invalid, such invalidity
shall not affect the remaining portions of this Ordinance, and it
is hereby declared to be the intention of this City Council to
have passed each section, sentence, phrase or clause, or part
thereof, irrespective of the fact that any other section,
sentence, phrase or clause, or part thereof, may be declared
invalid.
Section ~. All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict only.
Section 4. The City Council officially finds, determines,
recites and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public 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 5. This ordinance shall be effective from and after
its passage and approval.
PASSED AND APPROVED, this the 14th day of August, 1989.
CITY OF LA PORTE
By
Norman L. Malone, Mayor
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ORDINANCE 1654-A, Page 2
ATTEST:
Cherie Black, City Secretary
APP ROVED:
Knox W. Askins, City Attorney
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CONSIDER ORDINANCE APPOINTING MEMBERS TO POSITION 6 AND MAYOR'S
REPRESENTATIVE OF THE FIRE CODE REVIEW COMMITTEE (Ord. 1654-A)) -
K. Askins
Motion by
Second by
Uj(jt;./l/~
&tyf~
VOTE:
FOR
AGAINST
ABSTAIN
Waters
Cooper
Matuszak
McLaughlin
Gay
Skelton
Clarke
Malone
Motion carried
~efeated
Tabled
, .
. .
REQUEST FOR CITY COUNCIL AGENDA ITEM
.............................._...._................................................_...._.__........................_........_.....................................................................................N.........._..........................................._..........._..._.._..........__._.___.._...........______
~J~ust 14, 1989
~t Department:
Public Works
Requested By:
Report
Resolution
xx
Ordinance
Exhibits: Proposed Ordinance Establishing a School Zone On Myrtle Creek
Drive
SUMMARY & RECOMMENDATION
As part of a broad traffic investigation for Myrtle Creek Drive, Klotz and
Associates, Inc. recommended the establishment of a school zone on Myrtle
Creek Drive from West Main (Spencer) to Sugar Creek Drive, with a crosswalk
on the north side of Stone Creek Drive.
In conformance wi th this recommendation, it is requested that the att.ached
ordinance be considered for Council approval so that the school zone and
crosswalk can be marked prior to the beginning of the school year.
Action Required by Council:
Ap~rove Ordinance to establish school zone on Myrtle Creek Drive' from West
Maln (Spencer) to Sugar Creek Drive, with a crosswalk on the north side of
Stone Creek Drive.
Availability of Funds:
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
Funds Available: ____yES
NO
Approved for City Council Aqenda
-
\ I
Robert T. Herrera
City Manager
~
~
<i< \,\)\~
DATE
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CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
TO:
RObert~}/~rera, City
ste~~t, Director
August 8, 1989
Manager
FROM:
of Public Works
DATE:
SUBJECT: Establishment of School Zone - Myrtle Creek Drive
As part of a broad traffic investigation for Myrtle Creek
Drive, Klotz and Associates, Inc. recommended the establishment
of a school zone on Myrtle Creek Drive from West Main (Spencer)
to Sugar Creek Drive, with a crosswalk on the north side of Stone
Creek Drive.
In conformance with this recommendation, it is requested
that the attached ordinance be considered for Council approval so
that the school zone and crosswalk can be marked prior to the
beginning of the school year. If you have any questions, please
advise.
SG:ke
Attachment
"
.
.
-
REQUEST FOR CITY COUNCIL AGENDA ITEM
......._..--.-..._-_........._..__...~........._........._.._.........-....--..........................................................."............................................-...............-.-..............-.......................-........-....-.................-.-....-.........---
Agenda Date Reques~~~i~AU9Ust
Requested By: st~~lett
Report
14, 1989
Department:
Public Works
Resolution
xx
Ordinance
Exhibits: Proposed Ordinance establishing Rules and Regulations at the
La Porte Municipal Airport
..................-..............................................................-...--..........................-.......-...........................................,......................................................................................................-.......-.-.......-------....------...-
SUMMARY & RECOMMENDATION
On May 17, 1989, the La Porte City Council held a joint workshop with the
La Porte Airport Advisory Board to receive public comment on the above
referenced ordinance. Numerous speakers voiced concern with various
portions of the ordinance, and two (2) written comments were received. All
the comments were reviewed by the Board at the June 14 and June 28
meetings, some of which were incorporated in the ordinance.
The attached current proposed ordinance was approved by the La Porte
Airport Advisory Board on June 28, 1989. The Board recommends approval by
City Council.
Action Required by Council:
Approve Ordinance to establish Rules and Regulations for the operation of
the La Porte Municipal Airport.
---.....-.-...................,........----..........-------..................--.......-......-.....- ..........-...................-...........-.........-.......-.-............-....,.-----.......-.--
Availability of Funds:
General Fund
Capital Improvement
Other
WaterJWastewater
General Revenue Sharing
Account Number:
Funds Available: ____yES
NO
.........-.-..--........---...-------...---..---.........,.-..................--..-...---.-.---.....
Approved for City Council Aqenda
~Tl~
Robert T. Herrera
City Manager
Z-llQ l~
DATE
..........-...-........................-.........................--.......-...........-..................................-.................,.....................
..............................................-..................-.................................-......-...................-.......-.......---...--.........--.....-......................-..--
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CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
ROberfAf3.(~rera, City
S~~tt, Director
DATE: August 8, 1989
TO:
Manager
FROM:
of Public Works
SUBJECT: Proposed Ordinance Establishing Rules and Regulations
at the La Porte Municipal Airport
On May 17, 1989, the La Porte City Council held a joint
workshop with the La Porte Airport Advisory Board to receive
public comment on the above referenced ordinance. Numerous
speakers voiced concern with various portions of the ordinance,
and two written comments were received. All the comments were
reviewed by the Board at the June 14 and June 28 meetings, some
of which were incorporated in the ordinance.
The current proposed ordinance was approved by the La Porte
Airport Advisory Board on June 28, 1989. The Board recommends
approval by City Council. If I can answer any questions, please
advise.
SG:ke
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CONSIDER ORDINANCE ESTABLISHING RULES AND REGULATIONS FOR THE
OPERATION OF LA PORTE MUNICIPAL AIRPORT (Ord. 1660)
S. Gillett
Motion by
Second by
VOTE:
FOR
AGAINST
ABSTAIN
Waters
Cooper
Matuszak
McLaughlin
Gay
Skelton
Clarke
Malone
Motion carried
Defeated
Tabled
.
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, ,
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ORDINANCE NO. 1658
AN ORDINANCE APPOINTING A MEMBER OF THE CITY COUNCIL TO SERVE AS
MAYOR PRO TEM OF THE CITY OF LA PORTE, FOR THE TERM AUGUST 14,
1989, UNTIL MAY 31, 1990; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF LA PORTE, TEXAS:
Section 1. The City Council of the City of La Porte hereby
appoints one of its members, to
serve as Mayor Pro Tern of the City of La Porte, for the term
August 14, 1989, through May 31, 1990, and until his successor
shall have been duly appointed and have qualified.
Section 2. Said appointee shall perform all the duties of
the Mayor in his absence or disability.
Section ~. The City Council officially finds, determines,
recites and declares that a sufficient written notice of the
date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall
of the City for the time required by law preceding this meeting,
as required by the Open Meetings Law, Article 6252-17, Texas
Revised Civil Statutes Annotated; and that this meeting has been
open to the public as required by law at all times during which
this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the
contents and posting thereof.
Section 4. This Ordinance shall take effect and be in force
from and after its passage and approval, and it is so ordered.
PASSED AND APPROVED this the 14th day of August, 1989.
CITY OF LA PORTE
Norman L. Malone, Ma~or
ATTEST:
City Secretary
APPROVED:
City Attorney
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CONSIDER ORDINANCE APPOINTING A MAYOR PRO TEM (Ord. 1658) -
K. Askins
Motion by
Second by
~y~~
FOR
AGAINST
,
\
ABSTAIN
VOTE:
Waters
Cooper
Matuszak
McLaughlin
Gay
Skelton
Clarke
Malone
Motion carried
V Defeated
Tabled
~~. ~Gr~_.
"ft\-e-/. ~rL:-
~ '
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.
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/:.-
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ORDINANCE NO. 1659
e
AN ORDINANCE AMENDING CHAPTER 16, OIL AND GAS WELLS, OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE; CONTAINING A SEVERABILITY
CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS
ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR, AND SHALL, UPON
CONVICTION, BE FINED IN ANY SUM NOT TO EXCEED $200.00; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Chapter 16, "Oil And Gas Wells" of the Code of
Ordinances of the City of La Porte is hereby amended to read as
follows, to-wit:
SECTION 16-1:
DEFINITIONS
For the purpose of this chapter, and for all purposes under this
chapter, the following words and terms wherever and whenever used or
appearing in this section shall have the scope and meaning
hereinafter defined and set. out in connection with each. All
technical or oil and gas industry words and phrases used herein and
not specifically defined herein shall have that meaning customarily
attributable thereto by prudent operators in the oil and gas
industry.
(1) Person shall include both the singular and the plural; and
shall mean and include any person, individual, firm,
partnership, association, corporation, club, society,
cooperative, trust, municipal corporation, or political
subdivision whatsoever
(2) Well shall include and mean any hole or holes, bore or bores,
to any sand, any formation, strata or depth for the purpose of
producing and recovering any oil, or gas, salt water injection:
gas injection or enhanced recovery injection project.
(3) New Well Permittee shall mean the person to whom is issued a
permit for the drilling and operation of a new well under this
section, and his or its administrators, executors, heirs,
successors, and assigns.
(4) Old Well Permittee shall mean the person to whom is issued a
permit for the redrilling, working-over, recompletion, and
reoperation of an old or existing well under this section, and
his or its administrators, executors, heirs, successors, and
assigns.
(5) Permittee shall include both an "old well permittee" and a
"new well permittee".
(6) Lease as the term is used herein shall mean any tract of land
subject to an oil, gas, and mineral lease or other oil and gas
development contract, or any unit composed of several tracts
and leases but operated as one (1) lease, and any tract of land
in which the minerals are owned by an operator or someone
holding under it or him, but which, due to the fee royalty
ownership is developed and operated as a separate tract.
(7) Block as that term is used herein shall not be misconstrued to
mean drilling block, but block of land only.
(8) Actual Drilling shall have commenced when the drilling rig,
whose purpose it is to drill the bore hole into the production
horizon, first inserts the drill bit into the ground.
(9) Well Location shall be deemed to be the surface location of a
well.
REVISED: MAY 18, 1989
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ORDINANCE NO. 1659
Page 3
(a) The date of said application.
(b) Name and address of applicant.
(c) Proposed site of the well, including:
(i) Name of the fee owner.
(ii) Name of the lease owner.
(iii) Legal description of the lease.
(iv) Map showing location of the well on the lease.
(d) Type of drilling rig to be used.
(e) The proposed depth of the well.
(f) A statement that it is understood and agreed that for any
legal action or undertaking, venue for all suits shall lie
in Harris County under any provision of this chapter.
SECTION 16-6: ISSUANCE OR REFUSAL OF PERMIT
The City Council, within thirty (30) days after the filing of the
application for a permit to drill and operate a well, shall
determine whether or not said application complies in all respects
with the provisions of this chapter, and if it does, the City
Council shall then fix the amount of the principal of the bond and
insurance provided for in Section 16-8 herein, and after such
determination shall issue a permit for the drilling and operation of
the well applied for. Each permit issued under this chapter shall:
(1) By reference have incorporated therein all the provisions of
this chapter with the same force and effect as if this chapter
were copied verbatim in said permit.
(2) Specify the well location with particularity to lot number,
block number, and correct legal description.
(3) Contain and specify that the term of such permit shall be for a
period of one hundred eighty (180) days from the date of the
permit and as long thereafter as the permittee is engaged in
drilling operations with no cessations of such operations for
more than ninety (90) days, or oil or gas is produced in
commercial quantities from the well drilled pursuant to such
permit, provided that if at any time after discovery of oil or
gas the production thereof in commercial quantities shall
cease, the term shall not terminate if the permittee commences
additional reworking operations within ninety (90) days
thereafter, and if they result in the production of oil or gas,
so long thereafter as oil or gas is produced from said well.
(4) Contain and specify such conditions as are authorized by this
chapter.
(5) Contain and specify that no actual operations shall be
commenced until the permittee shall file and have approved an
indemnity bond in the designated principal amount as so
determined by the City Council and conditioned as specified in
Section 16-8 hereof.
Said permit, in duplicate originals, shall be signed by the City
Manager of the City of La Porte, and prior to delivery to the
permittee shall be signed by the permittee (with one (1) original to
be retained by the City and one (1) by the permittee); and when so
signed shall constitute the permittee's drilling and operating
license and the contractual obligation of the permittee to comply
with the terms of such permit, and such bond, and this chapter.
If the permit for the well is refused, or if the applicant notifies
the City in writing that he does not elect to accept the permit as
tendered and wishes to withdraw his application, or if the bond of
the applicant is not approved and the applicant notifies the City
in writing that he wishes to withdraw his application, then upon the
happening of said events the cash deposit provided for to be filed
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ORDINANCE NO. 1659
Page 4
with the application shall be returned to the applicant, except that
there shall be retained therefrom by the City of La Porte, one
hundred dollars ($100.00) as a processing fee.
SECTION 16-7: TERMINATION OF PERMIT
The permit shall terminate without any action on the part of the
City unless actual drilling of the well shall have commenced within
one hundred eighty (180) days from the date of issuance. The
cessation for a like period of the drilling operations or the
cessation of the production of oil or gas from the well after
production shall have commenced, shall cancel the permit, and the
well shall be considered as abandoned for all purposes of this
Ordinance. It shall be unlawful thereafter to continue the
operation or drilling of such well without the issuance of another
permit.
SECTION 16-8: PERMITTEE'S INSURANCE AND BOND
In the event a permit is issued by the City Council under the terms
of this chapter for the drilling and operation of a well, no actual
drilling operations or site preparation work shall be commenced
until the permittee shall file with the City Secretary of the City
of La Porte, a bond and a certificate of insurance, as follows:
(1) The bond shall be a cash bond in the principal sum of such
number of dollars as has been determined by the City Council of
the City of La Porte, .but not to be less than five thousand
dollars ($5,000.00). Said cash bond shall be for the benefit
of the City and all persons concerned, conditioned that the
permittee will comply with the terms and conditions of this
chapter in the drilling and operation of the well. Said bond
shall become effective on or before the date the same is filed
with the City Secretary and remain in force and effect and on
deposit for at lease a period of six (6) months subsequent to
the expiration of the term of the permit issued, and in
addition the bond will be conditioned that the permittee will
promptly payoff fines, penalties, and other assessments
imposed upon permittee by reason of his breach of any of the
terms, provisions, and conditions of this chapter, and that the
permittee will promptly restore the streets and sidewalks and
other public property of the City, which may be disturbed or
damaged in the operations, to their former condition; and that
the permittee will promptly clear all premises of all litter,
trash, waste, and other substances used, allowed, or occurring
in the drilling or producing operations, and will, after
abandonment, grade, level, and restore said property to the
same surface condition, as nearly as possible, as existed when
operations for the drilling of the well or wells were first
commenced; and that the permittee will indemnify and hold the
City of La Porte harmless from any and all liability growing
out of or attributable to the granting of such permit,
including the payment of any expenses incurred by the City for
any legal action which may be filed by either party hereto by
reason of seeking or recovery of damages to the City as
aforesaid. If at any time, the City Council shall deem any
permittee's bond to be insufficient for any reason, it may
require the permittee to make an additional cash bond. If
after completion of a well, permittee has complied with all of
the provisions of this chapter, such as to removing derrick,
clearing premises, etc., he may apply to the City Council to
have said cash bond reduced to a sum of not less than one
thousand dollars ($1,000.00) for the remainder of the time said
well produces without reworking, and be given a refund of the
amount of reduction. During reworking operations, the amount
of the bond shall be increased to the original amount.
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ORDINANCE NO. 1659
Page 5
(2) In addition to the bond required in paragraph (1) of this
section, the permittee shall carry a policy or policies of
standard comprehensive public liability insurance, including
contractual liability covering bodily injuries and property
damage, naming the permittee and the City of La Porte, in an
insurance company authorized to do business within the State of
Texas, said policy or policies in the aggregate shall provide
for the following minimum coverages:
(a) Bodily injuries: $1,000,000.00 - one person
$3,000,000.00 - one accident
(b) Property damage: $1,000,000.00
(3) Permittee shall file with the City Secretary of the City of La
Porte, Texas, certificates of said insurance as above stated,
and shall obtain the written approval thereof by the City
Secretary of the City of La Porte, Texas, who shall act thereon
within ten (10) days from the date of such filing. Said
insurance policy or policies shall not be cancelled without
written notice to the City Secretary of the City of La Porte at
least ten (10) days prior to the effective date of such
cancellation. In the event that said insurance policy or
policies are cancelled, the permit granted shall terminate, and
permittee's rights to operate under said permit shall cease
until permittee files additional insurance as provided herein.
SECTION 16-9: APPOINTMENT OF DIRECTOR OF COMMUNITY DEVELOPMENT AS
OIL AND GAS INSPECTOR
The City Council hereby appoints the Director of Community
Development of the City of La Porte to enforce the provisions of
this Chapter.
SECTION 16-10: DEEPER DRILLING
In the event the City is satisfied that said well may be deepened
with the same degree of safety as existed with the original well, a
permit may be issued, at the cost of One Thousand Dollars
($1,000.00), to the permittee, authorizing the deepening and
operation of the well to such specified depth as applied for. In any
deeper drilling or any deeper completion or any deeper production
operations, the permittee shall comply with all other provisions
contained in this chapter and applicable to the drilling,
completion, an operation of a well.
SECTION l6-ll: DERRICK AND RIG
It shall be unlawful and an offense for any person to use or operate
in connection with the drilling or reworking of any well within the
City limits of La Porte, any wooden derrick, and all engines shall
be equipped with adequate mufflers approved by the City Council: or
to permit any drilling rig or derrick to remain on the premises or
drilling site for a period longer than sixty (60) days after
completion or abandonment of the well. At all times from the start
of erection of a derrick, mast, or gin-pole, until the well is
abandoned and plugged or completed as a producer and enclosed with a
fence as herein provided, the permittee shall keep a watchman on
duty on the premises at all times; provided, however, it shall not
be necessary to keep an extra watchman on duty on the premises when
other workmen of permittee are on said premises.
(1) No electric lighting generator shall be placed or remain nearer
than one hundred fifty feet (150') to any producing well or oil
tank.
(2) Any rubbish or debris which may constitute a fire hazard shall
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ORDINANCE NO. 1659
Page 6
be removed to a distance of at least one hundred feet (100')
from the vicinity of the wells, tanks and pump stations. All
waste shall be disposed of in such manner as to avoid creating
a fire hazard or polluting fresh water streams or underground
strata. All waste disposal plans shall be approved by the
Director of Community Development.
(3) No open flame or arc welding shall be allowed inside the
derrick substructure of a well prior to installation of the
well head.
(4) All temporary oil and gas flow lines laid upon or across a
public road or highway must be buried to a
the depth required by permits issued under the Pipeline
Ordinance No. of the City of La Porte, Texas.
(5) An electric powered rig shall be utilized when available.
SECTION 16-12: PITS
Either earthen or steel slush pits shall be permitted in connection
with the drilling operation. In the event a steel pit is used, said
pit and its contents shall be removed from the premises and the
drilling site within sixty (60) days after completion of the well.
In the event an earthen slush pit is used, same shall be filled and
leveled within sixty (60) days after completion of the well. All
drilling mud must be removed from the earthen pit prior to
backfilling.
SECTION 16-13: CASING
All casing, including surface protection and production strings,
shall be new seamless steel, or equivalent quality oil well casing.
Each joint and length of each particular casing string shall have
prior to setting, unconditionally passed a hydraulic test to insure
physical integrity at design working pressure
SECTION 16-14: SETTING AND CEMENTING CASING
No well shall be drilled within the city limits of La Porte without
properly setting surface casing to a depth as approved by the Texas
Department of Water Resources. The surface casing must be driven or
cemented by the pump and plug method. All other casing strings must
be cemented by the pump and plug method with sufficient cement to
completely fill all of annular space behind the casing string to the
surface. No well shall be drilled within the city limits of La
Porte without properly setting surface casing a depth sufficient to
protect producing fresh water sands.
SECTION 16-15: VALVES AND BLOW-OUT PREVENTERS
No well shall be drilled within the city limits of La Porte without
equipping the intermediate protective casing with at least one (l)
master valve and one (1) fluid-operated ram type blow-out preventer
with mechanical operating back-up; and without properly equipping
the production casing during completion operations and workover
operations with at least one (1) master valve and at least one (1)
fluid-operated ram type blow-out preventer. Each blow-out preventer
shall test five thousand (5,000) pounds and its mechanical operation
shall be tested daily, and all control equipment shall be in good
working condition and order at all times.
SECTION 16-16: DRILLING FLUID
No well shall be drilled within the city limits of La Porte without
using mud as the drilling fluid after the setting of surface casing
as provided in Section 16-14 hereof. The weight of the mud laden
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ORDINANCE NO. 1659
Page 7
drilling fluid shall be at all times maintained at such weight as
will provide a hydrostatic head of not less than five hundred (500)
pounds per square inch in excess of the formation encountered by the
well. In reworking a well, a drilling fluid shall be at all times
maintained at such weight as will provide a hydrostatic head of not
less than five hundred (500) pounds per square inch in excess of the
pressure, of the formation penetrated by the well and open for
production.
SECTION 16-17: DRILL STEM TESTS
It shall be unlawful and an offense for any person in connection
with the drilling or reworking operations of any well within the
City limits of La Porte to take and to complete any drill stem test
or tests except during daylight hours and then only if the well
effluent during the test is produced through an adequate oil and gas
separator to storage tanks, and the effluent remaining in the drill
pipe at the time the tool is closed is flushed to the surface by
circulating drilling fluid down the annulus and up the drill pipe.
SECTION 16-18: BRADENHEAD
Each well drilled within the within the city limits of La Porte
shall be equipped with a bradenhead with a working pressure of not
less than three thousand (3,000) pounds per square inch.
Bradenheads shall be cast iron steel premanufactured and welded to
the well casing. The bradenhead installed on the surface casing
shall be set above ground level and shall be equipped with fittings
having a working pressure rating of not less than three thousand
(3,000) pounds per square inch. The bradenhead pressure shall be
checked at least once each calendar month and if pressure is found
to exist, proper remedial measures shall be taken immediately to
eliminate the source and the existence of the pressure.
SECTION 16-19: CHRISTMAS TREE AND WELL HEAD CONNECTIONS
The christmas tree and all well head connections on each well
drilled within the city limits of La Porte shall have at least a
minimum working pressure of three thousand (3,000) pounds per square
inch, and on all wells completed below a depth of seven thousand
feet (7,000'), the christmas tree and well head connections shall
have at least a minimum working pressure of three thousand (3,000)
pounds per square inch and a minimum test pressure of at least five
thousand (5,000) pounds per square inch. All piping and fittings
connecting the well head to an oil and gas separator shall have at
least the same working pressure as hereinabove specified for
christmas tree and well head connections. All wells shall be
equipped with an automatic closing safety valve located adjacent to
the wing valve in addition to the regular control valves.
SECTION 16-20: PREMISES TO BE KEPT CLEAN AND SANITARY
The premises shall be kept in a clean and sanitary condition, free
from rubbish of every character, to the satisfaction of the City of
La Porte, at all times drilling operations or reworking are being
conducted, and as long thereafter as oil and/or gas is being
produced therefrom. Any spill, oil, or salt water must be reported
immediately to the City and cleanup commenced promptly.
SECTION 16-21: MUFFLERS REQUIRED
Motive power for all operations after completion of drilling
operations shall be electricity or properly muffled gas, gasoline,
or diesel engines. Such mufflers are to be approved by the Chief
Building Official prior to their use.
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ORDINANCE NO. lfiSq
Page 8
SECTION 16-22: STORAGE TANKS AND SEPARATORS
It shall be unlawful and an offense for any person to use,
construct, or operate in connection with any producing well within
the City limits of La Porte, any crude oil well storage tanks except
to the extent of two (2) steel tanks for oil storage, not exceeding
five hundred (500) barrels capacity each and so constructed and
maintained as to be vapor tight with pressure release valves set
below tank design pressure and each surrounded with an earthen fire
wall at such distance from the tank as will under any circumstances
hold and retain at least one and one-half (1 1/2) times the maximum
capacity of such tank. A permittee shall operate a conventional
steel separator, and such other steel tanks and appurtenances as are
necessary for separating oil and gas with each of such facilities to
be so constructed and maintained as to be vapor tight. Each oil gas
separator shall be equipped with both a regulation pressure relief
safety valve and a bursting head.
SECTION 16-23: FENCE
Any person who completes any well as a producer shall have the
obligation to enclose said well, together with its surface
facilities and storage tanks, by a substantial smooth net wire fence
sufficiently high and properly built so as to ordinarily keep
persons and animals out of the enclosure with all gates thereto to
be kept locked when the permittee or his employees are not within
the enclosure. It is provided, however, that in noncongested areas
the City at its discretion, may waive the requirement of any fence
or may designate the type of fence to be erected.
SECTION 16-24: VENTING AND FLARING OF GAS
No person engaged in drilling or operating any well shall permit gas
to escape or be vented into the air unless said gas be flared and
burned as permitted by the Railroad Commission of Texas.
SECTION 16-25: ABANDONMENT AND PLUGGING
Whenever any well is abandoned it shall be the obligation of the
permittee and the operator of the well to plug the well in
accordance with regulations of the Texas Railroad Commission. No
surface or conductor string of casing may be pulled or removed from
a well. During initial abandonment operations it will be the
obligation of the permittee or the operator of the well to flood the
well with mud-laden fluid weighing not less than ten (10) pounds per
gallon or sufficient mud weight to yield a hydrostatic pressure five
hundred (500) pounds above maximum formation pressure encountered by
the well; and the well will be kept filled to the top with said mud-
laden fluid at all times; mud-laden fluid of the above
specifications will be left in the well bore below and between
cement plugs.
SECTION 16-26: DISPOSAL OF SALT WATER
Permittee shall make adequate provisions for the disposal of all
salt water or other impurities which he may bring to the surface,
and disposal to be made in such manner as to not contaminate the
underground water strata or to injure surface vegetation. The
disposal process shall be approved by the City of La Porte, Texas,
prior to disposal for the protection of public health, safety and
well being.
SECTION 16-27: VIOLATION OF LAWS OR REGULATIONS
Any violation of the laws of the State of Texas or any rules,
regulations, or requirements of any state or federal regulatory body
having jurisdiction in reference to drilling, completing, equipping,
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ORDINANCE NO. 1659
Page 9
operating, producing, maintaining, spacing or abandoning an oil or
gas well or related appurtenances, equipment, or facilities, or in
reference to fire walls, fire protection, blow-out protection,
safety protection, or convenience of persons or property, shall also
be a violation of this chapter and shall be punishable in accordance
with the provisions hereof.
GEOPHYSICAL MINERAL EXPLORATION AND TESTING REGULATIONS
SECTION 16-28: PERMITS
(I) Permit Required
No person, firm, or corporation shall use or discharge in any
manner, any explosive, including but not limited to, dynamite
and nitroglycerin, nor conduct any other method of geophysical
mineral testing by the use of vibrating machines, or otherwise
within the City without first having obtained a permit
therefor.
(2) Permit Requirements
Application for a permit hereunder shall be made with the City
Secretary. Such application shall contain the name of the
applicant, address of the applicant, the geophysical methods of
mineral exploration to be used, the purpose therefor, the
location and use with a map attached designating the points of
use. Such application shall be accompanied by a permit fee of
one thousand dollars ($1,000.00) for the first mile and one
thousand dollars ($1,000.00) per mile thereafter, pro-rated for
any portion less than a mile. On receipt of such application
by the City Secretary, the same shall be referred to the City
Manager for a report as to the compliance of such application
with the provisions of this chapter. Such report and the
application shall then be submitted to the City Council. No
permit shall be issued except by the approval of the City
Council.
(3) Insurance and Bond Requirements
On approval of the permit, but before issuance thereof, the
applicant shall provide the City Secretary with an insurance
certificate showing insurance coverage of the applicant for
general liability coverage in amounts not less than:
(a) Bodily injuries: $1,000,000 - per person
$3,000,000 - per accident
(b) Property damage: $1,000,000
Such insurance coverage shall be provided by a good and solvent
insurance company authorized to do business in the State of
Texas. In addition, the applicant shall provide a cash bond in
the amount of five thousand dollars ($5,000.00). Said cash
bond shall be for the benefit of the City and all persons
concerned, conditioned that the permittee will comply with the
terms and conditions. of this chapter. Said bond shall become
effective on or before the date the same is filed with the City
Secretary and remain in force and effect and on deposit for at
lease a period of six (6) months after exploration ends.
(4) Duration of Permit
All permits issued hereunder shall expire sixty (60) days from
the date of issuance.
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ORDINANCE NO. lfiSq
Page 10
(5) Terms of Permit
(a) Observe a 300' distance from any dwelling or water well.
(b) Written agreement to cover any water well damage effective
for ninety (90) days after completion of work.
(c) Employ at least one (1) La Porte police officer (off duty)
to accompany the work crew while testing on City right-of-
way, and provide 24-hours notice to the Chief of Police.
(d) Obtain written permission from citizens to enter their
property.
SECTION 16-29: EXPLOSIVES
No explosives shall be used.
SECTION 16-30: NOTICE OF TIME AND PLACE OF USE OF TESTING METHODS
No geophysical method of mineral exploration shall be used under
this permit without the permittee having first on the date of such
proposed use, notified the City Secretary and City Manager of the
proposed time and location of the planned use. In the event the
City Secretary is not available, notice shall be given to the Chief
of Police in addition to the City Manager ,and if he is not
available, then to any police personnel of the City. No testing
shall be conducted on Sunday, nor between the hours of 8:00 p.m. and
6:00 a.m. local time. Notice shall also be given of the name of the
person in charge of the testing for the permittee for the day on
which notice is given. In addition, written notice of such testing
to the occupants of all dwellings located within two thousand feet
(2,000') of the test site at least twenty-four (24) hours prior to
the testing.
Section 2. That in the event any section, or part of section
or provision of this Ordinance be held invalid, unconstitutional, or
inoperative, this shall not affect the validity of the remaining
sections, or parts of sections of this Ordinance, but the remainder
of the Ordinance shall be given effect as if said invalid,
unconstitutional or inoperative section, or part of section or
provision, hand not been included. In the event any penalty, right
or remedy created or given in any section or part of this Ordinance
is held invalid, unconstitutional or inoperative, this shall not
affect the validity of any other penalty, right or remedy created or
given either in the whole Ordinance or in the Section thereof
containing such invalid, unconstitutional or inoperative part, and
if any exception to or any limitation upon any general provision
herein contained shall be held to be unconstitutional or invalid,
the general provisions shall nevertheless stand effective and valid
as if the same had been enacted without such limitation or
exceptions.
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ORDINANCE NO. 1659
Page 11
Section 3: It shall be unlawful and an offense for any person
to violate or neglect to comply with any provision hereof
irrespective of whether or not the verbiage of each subsection
hereof contains the specific language that such violation or neglect
is unlawful and is an offense. An person who shall violate any of
the provisions of this chapter, or any of the provisions of a
drilling and operating permit issued pursuant hereto, or any
condition of the bond filed by the permittee pursuant to this
section, or who shall neglect to comply with the terms hereof, shall
be deemed guilty of a misdemeanor and shall, on conviction thereof,
be fined in any sum not less than five dollars ($5.00) nor more than
two hundred dollars ($200.00): and the violation of each separate
provision of this section, and of said permit, and of said bond,
shall be considered a separate offense, and each day's violation of
each separate provision thereof shall be considered a separate
offense. In addition to the foregoing penalties, it is further
provided that the City Council of the City of La Porte at any
regular or special session or meeting thereof, may, provided ten
(10) days' notice has been given to the permittee that revocation is
to be considered at such meeting, revoke or suspend any permit
issued under this chapter and under which drilling or producing
operations are being conducted in the event the permittee thereof
has violated any provision of said permit, said bond, or this
chapter. In the event the permit be revoked, the permittee may make
application to the City Council of the City of La Porte for a
reissuance of such permit, and the action of the City Council
thereon shall be final.
Section 4. The City Council officially finds, determines,
recites and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public 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
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ORDINANCE NO. 1659
Page 12
public as required by law at all times during which this ordinance
and the subject matter thereof has been discussed, considered and
formally acted upon. The City Council further ratifies, approves
and confirms such written notice and the contents and posting
thereof.
Section 5. This Ordinance shall be effective from and after
its passage and approval, and publication of its caption, as
requireed by law, and it is so ordered.
PASSED AND APPROVED, this
day of
, 1989.
CITY OF LA PORTE
BY
Norman L. Malone, Mayor
ATTEST:
City Secretary
Q~zJ
City Attorney
APPROVED:
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CONSIDER ORDINANCE AMENDING CHAPTER 16, OIL AND GAS WELLS, OF THE
CODE OF ORDINANCES OF THE CITY OF LA PORTE (Ord. 1659) -
K. Askins
Motion
Second
bY~~
by ,}7 rUt:lvJ/~~
U
FOR
VOTE:
Waters
Cooper
Matuszak
McLaughlin
Gay
Skelton
Clarke
Malone
2:efeated
Motion carried
AGAINST
Tabled
ABSTAIN
I ·
..
e
RIDQUEST FOR CITY COUNCIL AGENDA ITEM
...............-.-...._.~..._............................................--....................,............................................................................................,...................................................-.......-........................................_............................~..........-...........--..........----..----
Agenda Date Reques~~~i~AU9Ust
Requested By: ~lctt
Report
l4, 1989
Department:
Public Works
Resolution
xx
Ordinance
Exhibits: Proposed Ordinance establishing Rules and Regulations at the
La Porte Municipal Airport
.................................................."..........................................-................................................................"........."........................................................................................................................................--...............-.......--.-.........-.--.....-......-....-..-......-.--....---
SUMMARY & RECOMMENDATION
On May 17, 1989, the La Porte City Council held a joint workshop with the
La Porte Airport Advisory Board to receive public comment on the above
refererlccd ordinance. Numerous speakers voiced concern with various
portions of the ordinance, and two (2) written comments were received. All
the comments were reviewed by the Board at the June 14 and June 28
meetings, some of which were incorporated in the ordinance.
The attar.hed current proposed ordinClnce was approved by the La Porte
Airport Advisory Board on June 28, 1989. The Board recommends approval by
City Council.
Action Required by Council:
Approve Ordinance to establish Rules and Regulations for the operation of
the La Porte Municipal Airport.
................-..-...............................-...........................-........-....-.-... .......-.......................-.......-...... ..............................-...................-................-...........-............-....,.-...-----..............--.-.--------..-....--...-.-...--.-...........---..---..
Availability of Funds:
General Fund
Capital Improvement
Other
Water./Wastewater
General Revenue Sharing
Account Number:
Funds Available: ____yES
NO
Approved for City Council Agenda
QMTI~
Robert T. Herrera
City Manager
Lll\1l~
DATE
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CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
TO:
Rober~~}.~rera, City
s6ftlfff1f:{,tt, Director
August 8, 1989
Manager
FROM:
of Public Works
DATE:
SUBJECT: Proposed Ordinance Establishing Rules and Regulations
at the La Porte Municipal Airport
On May 17, 1989, the La Porte City Council held a joint
workshop with the La Porte Airport Advisory Board to receive
public comment on the above referenced ordinance. Numerous
speakers voiced concern with various portions of the ordinance,
and two written comments were received. All the comments were
reviewed by the Board at the June 14 and June 28 meetings, some
of which were incorporated in the ordinance.
The current proposed ordinance was approved by the La Porte
Airport Advisory Board on June 28, 1989. The'Board recommends
approval by City Council. If I can answer any questions, please
advise.
SG:ke
.
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JULY 11, 1989
ORDINANCE NO. 1660
AN ORDINANCE ESTABLISHING RULES AND REGULATIONS FOR THE OPERATION OF
THE LA PORTE MUNICIPAL AIRPORT; PROVIDING THAT FEDERAL AVIATION
REGULATIONS (FAR) SHALL PREVAIL IN CASE OF CONFLICT; PROVIDING A
SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE
DEEMED GUILTY OF A MISDEMEANOR, AND SHALL BE PUNISHED BY FINE IN ANY
SUM NOT EXCEEDING TWO HUNDRED DOLLARS ($200.00); AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
SECTION 1. DEFINITIONS. As used in this ordinance
1. "ABOVE GROUND LEVEL (AQL)" means altitude expressed in feet
measured from ground level.
2. "AIRPORT" means the La Porte Municipal Airport, which is that
area of land that is used or intended to be used for the
landing and take-off of aircraft, and includes its buildings
and facilities.
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ORDINANCE NO. 1660
3. "AIRPORT MANAGER" means the Director of Public Works, or
other individual appointed by the City Manager. The Airport
Manager is designateq to oversee and manage the maintenance
and operations of the La Porte Municipal Airport.
4. "AIRPORT OPERATION(S)" means any take-off or landing
performed by an aircraft.
5. "AIR TRAFFIC" means aircraft operating in the air or on an
airport surface, exclusive of loading ramps and parking
areas.
6. "BASE LEG" means that portion of the traffic pattern flown at
a right angle to the active runway off the approach end. The
base leg extends from the downwind leg to the final approach.
7. "CROSSWIND LEG" means that portion of the traffic pattern
flown at a right angle to the active runway by turning from
the upwind leg.
8. "DISABLED (WRECKED) AIRCRAFT" means aircraft not certified as
air worthy, unless said aircraft is undergoing repairs or
inspection to meet requirements for re-certification.
9. "DOWNWIND LEG" means that portion of the traffic pattern
flown parallel to the active runway in the direction opposite
to landing. The downwind leg extends between the crosswind
leg and the base leg.
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ORDINANCE NO. 1660
10. "FINAL APPROACH" means that portion of the traffic pattern
flown in the direction of landing along the extended active
runway centerline from the base leg to the runway.
11. "FIXED BASE OPERATOR (FBO)" means a person, partnership, or
corporation engaged in the business of furnishing services to
aviation related activities, such as fuel, aircraft storage,
flight instruction, or aircraft maintenance.
12. "INSTRUMENT FLIGHT RULES (IFR)" means those rules which
govern the procedures for conducting flight in weather
conditions below the minimum in which visual flight rules
(VFR) apply.
13. "INTERSECTION" means the point where two (2) runways, a
runway and taxiway or two (2) taxiways cross or meet.
14. "OVERHEAD ENTRY" means entry into the traffic pattern, at any
point, from an altitude greater than eight hundred (800) feet
AGL.
15. "RAMP" means an area designated for staging or storage of
aircraft. Ramps can be paved or unpaved, and located on
airport-controlled or FBO-controlled property.
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ORDINANCE No__ 1660
16. "STRAIGHT-IN APPROACH" means entry into that portion of the
traffic pattern flown in the direction of landing along the
extended active runway centerline (final approach) without
executing any other portion of the traffic pattern.
17. "VISUAL FLIGHT RULES (VFR)" means those rules that govern the
procedures for conducting flight under visual conditions.
18. "TRAFFIC PATTERN" means the traffic flow that is prescribed
for aircraft landing at, taxiing on, or taking off from the
airport under VFR conditions, as shown on Exhibit A.
SECTION 2. USE OF AIRPORT RESTRICTED.
No person, firm, association, corporation or entity, incorporated or
otherwise, shall use the airport for any commercial activity, unless
approved by the City Council. This restriction shall not apply to
those firms, associations, corporations, or entities who currently hold
contracts, leases, or agreements with the City.
SECTION 3. GENERAL RULES AND REGULATIONS.
The following rules and regulations shall be observed in the use,
operation, and conduct of said La Porte Municipal Airport.
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ORDINANCE No. 1660
RULE 1. THE FEDERAL AIR TRAFFIC RULES promulgated by the Federal
Aviation Administration (FAA) for observance by aircraft operated
anywhere in the United States, and presently or hereafter
effective, are hereby referred to, adopted, and made a part hereof
as though fully set forth and incorporated herein.
RULE 2. SAFEGUARD OF PERSONS AND PROPERTY. The Airport Manager
shall at all times have authority to take such action as may be
necessary to safeguard any person, aircraft, equipment or property
at the airport.
RULE 3. NON-AVIATION ACTIVITIES. All leased property and all
buildings or structures erected on leased property will only be
used commercially for aviation related activity. Hobby or
recreation activities can be done within a rented or leased hangar
provided that the principal activity is aviation related. Outside
storage of non-aviation equipment, such as automobiles, boats, or
farm equipment, or conducting on non-aviation business on the
airport is prohibited.
RULE 4. UNAUTHORIZED SIGNS. No signs or equipment or portable
buildings or house trailers may be erected, moved in or installed
on the airport property except as may be specifically authorized
by the Airport Manager.
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ORDINANCE NO. 1660
RULE 5. SURREPTITIOUS ACTIVITIES. Any person observing
suspicious, unauthorized or criminal activities shall report such
activities immediately to the Airport Manager, police, or officers
of the Department of Public Safety, or other peace officer.
RULE 6. WRECKED AIRCRAFT. Every aircraft owner, pilot, or agent
shall be responsible for notifying the Federal Aviation
Administration (FAA), if required by FAA Regulations, and for the
prompt removal from the operational areas of the airport, under
the direction of the airport manager, of disabled or wrecked
aircraft. Additionally, disabled or wrecked aircraft shall be
stored in hangars or shall be screened from view by an approved
fence or other structure.
RULE 7. REPAIRS TO AIRCRAFT. No aircraft shall be repaired on
any part of the landing or take-off area, and all outside repairs
shall be made at the places designated by the airport manager for
such purpose.
RULE 8. AGRICULTURAL OPERATIONS. With the prior written consent
of the City Council, agricultural spraying operations will be
conducted in accordance with procedures approved by the Airport
Manager and made known to all persons conducting agricultural
spraying operations. Said operations shall be conducted only on
the designated airport areas, and shall not include reckless
flying or careless chemical handling. Agricultural operators
shall be required to follow all established rules and regulations,
including conforming to the established flight pattern for
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ORDINANCE No. 1660
landings and take-offs. Chemicals used in agricultural flying
operations shall be dispersed, maintained, stored, the dispensing
area cleaned and empty chemical containers promptly disposed of or
stored in accordance with the standards set by the Environmental
Protection Agency (EPA), Texas Department of Water Resources,
Texas Department of Agriculture, Texas Health Resources, and
theAirport Manager. Washing of agricultural aircraft and flushing
of AG aircraft spray tanks will be accomplished in accordance with
the standards set by the EPA, Texas Department of Water Resources,
and Texas Health Resources in an area so designated by the Airport
Manager. Because of the hazard of such operation, the City shall
require each agricultural spray operator to post a one hundred
thousand ($100,000.00) dollar bond or proof of insurance in the
amount of one hundred thousand ($100,000.00) dollars with the City
as an additional named insured.
RULE 9. DAMAGE TO AIRPORT. Any person, corporate or individual,
and the owner and/or pilot of any aircraft causing damage of any
kind to said airport, whether through violation of any of these
rules or through vandalism or any act of negligence, shall be
liable therefore in and to said City of La Porte.
RULE 10. INJURY TO PERSON. Persons entering upon airport grounds
do so at their own risk with no liability incurring to the City of
La Porte for any injury or damage to person or property. Further,
any person desiring to use the airport shall observe and obey all
valid laws, resolutions, orders, rules, and regulations
promulgated and enforced by the City or by any other authority
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ORDINANCE No. 1660
having jurisdiction over the conduct and operation of the airport
including the FAA.
RULE 11. LICENSED PILOTS. Only persons holding current airman
and medical certificates issued by the FAA shall operate an
aircraft for the purpose of flight, which shall be properly
registered, upon said La Porte Municipal 'Airport without written
permission. Provided that this limitation shall not apply to
students in training under licensed instructors nor to public
aircraft of the federal government or of a state, territory or
political subdivision thereof, or to aircraft licensed by a
foreign government with which the United States has a reciprocal
agreement covering the operation of such licensed aircraft.
RULE 12. OPERATIONS PROHIBITED. Due to the nature of operations
at the airport, i.e. high annual operation, pilot training
program; the operation of ultra-light aircraft, hot air balloons,
hang gliders and parachutes is prohibited. This prohibition shall
not apply to special events, such as airshows, if specific
permission is given by the Airport Manager, or to emergency
operations.
RULE 13. INTOXICANTS AND NARCOTICS FORBIDDEN. No person under
the influence of an intoxicant or narcotic shall operate any
aircraft upon said La Porte Municipal Airport.
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ORDINANCE No. 1660
RULE 14. DEBRIS. No bottles, glass, cans, or other litter shall
be left or broken upon the floor of any building or upon any part
of the surface area of the airport. No fuel, oil, solvent, acid
or paint shall be dumped in sanitary or storm sewers, ditches, or
anywhere on airport property.
SECTION 4. GROUND OPERATIONS
RULE 15. AIR AND GROUND TRAFFIC - VEHICULAR TRAFFIC. All
vehicular traffic shall be confined to the roads and streets, and
shall not be operated at a speed in excess of ten (10) miles per
hour. Vehicles used by the City or otqer authorized personnel to
check the landing area will have an amber flashing rotating light
on the top of the vehicle or an approved yellow and black
checkered flag attached to the vehicle. Motorized vehicles are
prohibited from the runways and taxiways without specific
authorization from the Airport Manager. Vehicular traffic shall
not be allowed on the aircraft apron except for fuel trucks and
passenger/cargo loading and unloading.
RULE 16. FUELING OF AIRCRAFT.
a. Aircraft shall not be fueled while the engine is running or
while in a hangar or other enclosed place.
9
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ORDINANCE No. 1660
b. All aircraft will be positively grounded when being serviced
with fuel. Aircraft being serviced by a fuel truck will be
grounded to the fuel truck and the fuel truck will be
positively grounded.
c. The pilot and passengers will exit the aircraft and the
aircraft will be unoccupied during fueling operations.
d. Aircraft fuel trucks will be equipped, operated and
maintained in accordance with National Fire Protection
Association, Incorporated, NFPA Manual 407 "Aircraft Fuel
Servicing."
e. Persons or aviation businesses wishing to supply and dispense
aviation fuel for their private use must first obtain
permission from the City. Private fueling facilities must be
located on leased property and the fueling system installed
and fuel dispensed in accordance with Aircraft Fueling Rules
and Directives and the La Porte Fire Code.
f. Public sale of automobile gas for use in aircraft will not be
permitted on the airport without approval of the City of La
Porte. Aircraft authorized by the FAA to use auto gas may be
privately fueled by their owner only after compliance with
established rules adopted by the City.
g. Aviation or auto fuels will not be stored within a hangar
except in an approved safety container.
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ORDINANCE No. 1660
RULE 17. TIEDOWN OF AIRCRAFT.
a. All aircraft not hangared shall be tied down or secured at
night and during inclement weather.
b. The aircraft owner, operator, or his agent is responsible for
the tiedown or security of his aircraft at all times and
particularly during inclement weather.
c. Aircraft are to be tied down only on the paved ramp or within
leased property of an FBO. Tiedown of aircraft on airport
property outside of the ramp or FBO lea.sed property is
prohibited.
RULE 18. RUNNING AIRCRAFT ENGINES.
a. If not equipped with adequate brakes, the engine shall not be
started in an aircraft until and unless the wheels have been
set with blocks attached to ropes or other suitable means for
removing them.
b. No airplane will be propped, started or left running without
qualified personnel at the controls, unless properly secured.
c. No aircraft engine shall be started or run inside any
building.
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ORDINANCE No. 1660
d. Aircraft operators should exercise care to ensure that
engines are started, run, or warmed up in an area that will
limit the effects of the propeller stream or jet blast upon
all buildings and groups of people in the observation areas
and path of the aircraft.
RULE 19. DAMAGE TO RUNWAY LIGHTS. Any person damaging any field
light or fixture by operation of an aircraft or otherwise shall
immediately report such damage to the Airport Manager. Persons
causing damage to runway and taxiway lights, as a result of
careless or negligent operation of an aircraft or willful acts
will be liable for replacement cost of the light(s).
RULE 20. TAXIING AIRCRAFT.
a. No person shall taxi an aircraft until he has ascertained
there will be no danger of collision with any person or
object in the immediate area.
b. Aircraft will be taxied at a safe and prudent speed, and in
such manner as to be at all times under the control of the
pilot.
c. Aircraft not equipped with adequate brakes will not be taxied
near buildings or parked aircraft unless an attendant is at a
wing of the aircraft to assist the pilot.
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ORDINANCE No. 1660
d. Aircraft shall not taxi onto the runway from the ramp and
taxiway area until the pilot has determined that he will not
interfere with aircraft approaching to land or on the ground
in take-off position, as outlined in Federal Aviation
Regulations (FAR).
e. There shall be no taxiing of aircraft by engine power into or
out of hangars.
RULE 21. PARKING AIRCRAFT.
a. Unoccupied aircraft shall not be parked or tied down on or
within two hundred and fifty (250) feet of the center line of
a runway, and all unhoused aircraft shall be parked in the
areas designated by the Airport Manager for that purpose.
b. Aircraft will not be tied down within fifty (50) feet of an
aircraft fueling station.
c. Aircraft will not be parked in such a manner as to hinder the
normal movement of other aircraft and traffic unless
specifically authorized by the Airport Manager as an
emergency measure.
d. It is the responsibility of the pilot when leaving a parked
aircraft unattended to see that the brakes are set or that
the plane is properly chocked and/or tied down.
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ORDINANCE No. 1660
RULE 22. LOADING/UNLOADING AIRCRAFT. Pilots are prohibited from
loading or unloading passengers and/or cargo with the engine
running.
SECTION 5. LANDING AND TAKE-OFF RULES.
RULE 23. AUTHORITY TO SUSPEND OPERATIONS. The Airport Manager
may suspend or restrict any or all operations whenever such action
is deemed necessary in the interest of safety, provided operations
under IFR conditions may be continued by properly rated pilots
following appropriate flight rules.
RULE 24. ACTIVE RUNWAY. If the winds are calm pr at a ninety
(90) degree crosswind to runway 5/23, take-offs and landings
should be made on runway 12/30.
RULE 25. UNICOM. All pilots of radio equipped aircraft are
encouraged to call on the local unicorn frequency to determine the
active runway and to announce their position and intentions for
take-off and landing.
RULE 26. TAKE-OFFS ON APRON, ETC. No airplane take-offs or
landings shall be made on the apron, parking ramp or taxiway.
RULE 27. TAKE-OFFS ALLOWED. Touch and go landings may be made at
the discretion of the pilot. All aircraft shall clear for
incoming and take-off traffic before faxiing into take-off
position.
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ORDINANCE No. 1660
RULE 28. VISUAL FLIGHT RULES (VFR) TRAFFIC PATTERN.
a. Pattern Altitude shall be eight hundred (800) feet AGL, with
a left hand pattern on all runways, as shown on Exhibit A.
b. Only full stop landings or touch and go landings are
allowed. No stop and go landings allowed.
c. All radio equipped aircraft should monitor and transmit their
intentions on the appropriate unicom frequency.
d. All pattern departures should continue straight out, or exit
with a forty-five (45) degree left or right turn beyond the
departure end of the runway after reaching five hundred (500)
feet AGL.
e. All pattern entries should be made on the downwind leg, at
mid-field of the active runway at a forty-five (45) degree
angle to the downwind leg, as shown on Exhibit A.
f. No overhead entries, straight-in approaches, or entries on
the base leg are permitted.
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ORDINANCE No. 1660
g. No intersection take-offs are allowed, except in cases where
they would not infringe on take-off or landing rights of
other aircraft. However, aircraft shall not use an
intersection take-off to take advantage of their position to
cut in front of another aircraft ready for take-off or on
final approach to land.
h. Touch-down on all runways should be before reaching the
intersection of the two (2) runways.
i. If a go-around is necessary, climb-out should be to the right
of the active runway, keeping the traffic in sight.
Climb-out to eight hundred (800) feet AGL and re-enter the
traffic pattern.
j. It is recommended that navigation lights, strobes, and beacon
be turned on at all times, and landing lights be used when on
final approach, take-off, and climb out.
RULE 29. COMMON COURTESY. Aircraft entering the traffic pattern
shall exercise caution and practice courtesy so as not to cause
aircraft already in the pattern to deviate from their course.
After touchdown, aircraft shall exit the runway onto the taxiway
at the earliest possible opportunity. No taxiing permitted
against the landing traffic on the active runway. (Back-taxi).
16
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ORDINANCE No. 1660
RULE 30. AIRCRAFT ALTITUDE. Any aircraft within three (3)
nautical miles of the airport at an altitude of less than one
thousand two hundred (1,200) feet above the ground with the intent
of landing at La Porte Municipal Airport shall conform to the flow
of traffic. All aircraft shall establish the pattern altitude of
eight hundred (800) feet AGL before entering the traffic pattern
and shall not deviate from this altitude (except in an emergency)
until descent for landing is necessary.
RULE 31. ALTITUDE AND NOISE OF ENGINES. No aircraft shall be
operated over the City of La Porte at an altitude of less than one
thousand (1,000) feet above the ground unless in the traffic
pattern with the intention of landing or take-off at the airport.
Aircraft engines shall not be accelerated nor decelerated while
over the City of La Porte in such manner as to distract, excite or
disturb persons on the ground, regardless of altitude. This
prohibition shall not apply to those operators who fly at lesser
altitudes under a waiver from the Federal Aviation Administration.
RULE 32. STUDENT TRAINING AND PRACTICE FLYING.
a. Flight instructors shall inform students and themselves on
all rules and regulations in effect at the airport.
17
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ORDINANCE No. 1660
b. The Airport Manager may designate limited areas of the
airport and the City of La Porte for practice flying and
training of students.
c. Aircraft shall not be permitted to remain on the runway for
the purpose of instructing students, and should make every
effort to clear the taxiway and run-up pad, when stopped for
the purpose of instruction, to allow taxiing aircraft to
pass.
SECTION 6. FIRE REGULATIONS.
RULE 34. FIRE REGULATIONS.
a. The 1983 edition of the Fire Code of the City of La Porte, a
copy of which is on file in the office of the City
Secretary, is hereby incorporated and made a part of this
Ordinance, as fully as if copied at length herein. Any
future editions of the above referenced code shall
automatically be incorporated in this Ordinance.
18
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ORDINANCE No. 1660
b. Where there exists a conflict between any regulations or
limitations or penalties prescribed in the Fire Code, adopted
in Section 10-38 of the Code of Ordinances, and any other
building or fire prevention codes of the City, or any other
provisions of the Code of Ordinances, the more stringent
limitation or requirement shall govern and prevail.
SECTION 7. KNOWLEDGE OF RULES IMPLIED. By publication of the caption
of this ordinance as required by law, all persons will be deemed to
have knowledge of its contents. However, the Airport Manager is
directed to have copies of the Ordinance printed and posted where
appropriate. Copies will be available at all times in the Manager's
office, and copies will be furnished to owners and'operators of
aircraft based on the airport.
SECTION 8. CONFLICT IN RULES. If and where there is conflict between
any of these rules and the Federal Aviation Regulations (FAR), the
latter shall prevail, to the extent of such conflict.
SECTION 9. PENALTY FOR VIOLATION.
a. Any person operating or handling an aircraft in violation of
any of these rules or refusing to comply therewith, may, at
once, be ejected from the airport, or may for any period of
time, not exceeding fifteen (15) days, be denied use of the
airport by the Airport Manager, and, upon hearing by the City
Council, may be deprived of the further use of the airport
19
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ORDINANCE No. 1660
and its facilities for such period of time as may appear
necessary for the protection of life and property.
b. Any violation of the ordinance shall be a misdemeanor,
punishable by fine in any sum not exceeding two hundred
dollars ($200.00). Each day a violation continues shall be
deemed a separate offense. This section is cumulative of
all other penalties for violation of federal, state and local
laws, rules, regulations, and ordinances.
SECTION 10. SAVING CLAUSE. That in the event any section, or part of
section or provision of this Ordinance be held invalid,
unconstitutional, or inoperative, this shall not affect the validity of
the remaining sections, or parts of sections of this Ordinance, but the
remainder of the Ordinance shall be given effect as if said invalid,
unconstitutional or inoperative section, or part of section or
provision, had not been included. In the event any penalty, right or
remedy created or given in any section or part of this Ordinance is
held invalid, unconstitutional or inoperative, this shall not affect
the validity of any other penalty, right or remedy created or given
either in the whole Ordinance or in the Section thereof containing such
invalid, unconstitutional or inoperative part, and if any exception to
or any limitation upon any general provision herein contained shall be
held to be unconstitutional or invalid, the general provisions shall
nevertheless stand effective and valid as if the same had been enacted
without such limitation or exceptions.
20
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ORDINANCE No. 1660
SECTION 11. OPEN MEETINGS CLAUSE. The City Council officially finds,
determines, recites and declares that a sufficient written notice of
the date, hour, place, and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as required
by the Open Meetings Law, Article 6252-17, Texas Revised Civil
Statutes Annotated; and that this meeting has been open to the public
as required by law at all times during which this Ordinance and the
subject matter thereof has been discussed, considered and formally
iacted upon. The City Council further ratifies; approves and confirms
such written notice and the contents and posting thereof.
21
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ORDINANCE No. 1660
SECTION 12. EFFECTIVE DATE. This Ordinance shall be effective from
and after its passage and approval, and publication of its caption, and
it is so ordered.
PASSED AND APPROVED, this
day of
, 1989.
CITY OF LA PORTE
BY
Norman L. Malone, Mayor
ATTEST:
City Secretary
APPROVED:
City Attorney
22
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EXHIBIT "A"
LA PORTE MUNICIPAL AIRPORT
VFR TRAFFIC PATTERN
Pattern Altitude shall be eight hundred (800) feet AGL,
. with a left-hand pattern at all runways. Example shown
above is for take-Off/landing on Runway 12.
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CONSIDER ORDINANCE ESTABLISHING RULES AND REGULATIONS FOR THE
OPERATION OF LA PORTE MUNICIPAL AIRPORT (Ord. 1660)
S. Gillett
Motion by
Second by
VOTE:
Waters
Cooper
Matuszak
McLaughlin
Gay
Skelton
Clarke
Malone
Motion carried
#~~-'
"". ..J
FOR
",.,.--- Defeated
AGAINST
ABSTAIN
Tabled
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B~QQE~T FOR kIII COUNCIL AGENDA ITEM
==-~---=--.c::
--:":1...::1::..-=::--_.- _.- -.- - ~~~-_-=====-~~.:...
Agenda Date Requested:
August 17, 1989
Janie Bais
Ass1scanc La CiLy ~a1P;l~~ent:
Report Resolution
Administration
Requested By:
x
Ordinance
Exhibits:
SUMMARY & RECOMMENDATION
On September 26, 1988, City Council passed Ordinance 1608
which regulated the Annual La Porte Main Street Fair.
Since last year's Fair, held on October 29, 1988, the La
Porte Main Street Association gained new insights to make
the Fair safer and more economically successful. As such,
Ordinance l608-A includes the following amendments:' ".
Section 6: In the event that the La Porte Main Street
Association does not provide food or alcoholic beverage
service, the amount of insurance may be reduced to $500,000.
Section 6:. La Porte Main Street Association shall require
its alcoholic beverage vendors to provide evidence of
$500,000 liability coverage, with the La Porte Main Street
Association and the City of La Porte named as insureds.
Section 6: For purposes of this Ordinance, "vendor" and
"booth leasees" shall mean anyone selling in conjunction
with the Main Street Fair, including any business that
moves outside to the street, sidewalk, parking lot, or
other public right of way.
Section 8: No pets, no glass containers, no bicycles,
no skateboards and no skates shall be permitted in the
designated Main Street Fair area.
Both ci~y staff and association officials have reviewed
the proposed amendments. Approval is recommended.
Action Required by Council:
Approval of amended Ordinance 160B-A.
-
Availability of Funds:
Gerieral Fund
'Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
Funds Available: __ YES __ NO
APPS-2 y eL(Q r-.C.itY__G.QUDJUl_Ag e nct a
~T,~
Robert T. Herrera
City Manager
~lO~
DATE
~-=--==-----==- -
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REQUEST FOR CITY COUNCIL AGENDIA ITEM
Agenda Date Requested
August 14, 1989
Requested By:
Larry Mabe
Department: Finance
x
Repo rt
Resolution
Ord inance
Exhibits: Copy of Scope of Work
SUMMARY & RECOMMENDATION
On July 31, 1989 the City of La Porte opened bids for installation of
access floor system, partition wall, and relocation of electrical
service under access floor in the City Hall computer room.
The City received one bid from Hudson building Systems, Inc. for
$10,682.00.
One other bid package was delivered after the 4:00 pm deadline and was
returned unopened.
Staff recommends award of bid to Hudson Building Systems, Inc. for the
computer room remodeling in the amount of $10,682.00. The remodeling
will provide a safe and controled environment for the Data General
computer system. The project was rectommended by the Accord Group in
the MIS plan presented to ~ouncil on August 1, 1988 and the City
budgeted $15,000 for its completion.
The contractor plans to complete the project within seven days after
receving notice to proceed.
Action ReQuired bY Council:
Approve the awarding of the remodeling contract to Hudson Building
Systems, Inc. for the amount of $10,682.00.
Availability of Funds:
xx
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account No. 015-600-606-82~
Funds Available: -X- YES
NO
Approved Cor City Council Agendia
RObe~era
City. Manager
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SCOPE OF '~OR!<
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CITY OF LA PORTE PROJECT NUMBER(S)
89-2201
INSTALLATION OF ACCESS FLOOR SYSTEM, PARTITION WALLS, AND RELOCATION
OF ELECTRICAL SERVICE UNDER ACCESS FLOOR.
ACCESS FLOOR:
Furnish and install 450 SQ. ft. of access flooring. Access floor
system shall consist of ~4" X 24" removable panels mounted on
adjustabl~ pedestals and stringers to provide an underfloor space
for the accommodat ion of electr ical condui t, computer cable s, and
telephone lines. All panels shall be completely interchangeable
(except where cut for special conditions) and easly removed with the
lifting tools provided. The installed finished floor height shall
not be greater than" 7" and not less than 6", measured from the top
of the base. flootto the top of the finished floor panels.
PARTITION ",'ALL:
Provide and install a manufactured movable partition wall system,
Colorline 2.75 or equal, consisting of a 20 ft. section, containing
a 3 '0" walk door and two 4' wide glass panels joining at a corner
with a 9' wall. Movable partition construction shall be from access
floor to existing ceiling and installed true and plumb with tight
and trimmed parti tion joints. The completed installation shall be
free of all visible fasteners. Construction is to be in such a
manner as to allow removal of any panel either side of the Hall
Hithout disturbing any other panel and incurring no damage to front,
back or to the panel itself.
ELECTRICAL:
Replace and add additional receptacles powered by the isolation
unit. These receptacles will be located under the access floor and
attached to flexible conduit in such a way as to allow relocation of
equipment at any point in the room.
"~.;>i...:.. -
SH-1
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CONSIDER AWARDING BID FOR REMODELING OF COMPUTER ROOM -
L. Mabe
Motion by
Second by
VOTE:
FOR
AGAINST
ABSTAIN
Waters
Cooper
Matuszak
McLaughlin
Gay
Skelton
Clarke
Malone
Motion carried
Defeated
Tabled
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: August 14, 1989
Requested By: steve Gillett ~~ Department:
XX Report Resolution
Public Works
Ordinance
Exhibits: 1. Proposal from Mr. Donald Graessner, P.E.
2. Recommendation from Buddy Jacobs
SUMMARY & RECOMMENDATION
Texas Department of Health regulations require an inspection of a water
system's ground and elevated storage tanks every two (2) years. The City
of La Porte's storage tanks were inspected in 1986 by Mr. Donald Graessner,
P.E.
We requested a proposal from Mr. Graessner to inspect our storage tanks.
The proposal has an estimated total cost of Five Thousand Three hundred
Fifty Dollars ($5,350.00),
staff recommends authorization of Mr. Donald Graessner, P.E. for the
inspection of all City of La Porte's water storage tanks at a cost not to
exceed $5,350.00. Mr. Graessner is very familiar with the City of La Porte
system and is very willing to schedule tank inspections in such a way as to
lower the total cost to the City. Adequate funds for this inspection were
budgeted in the Water/Wastewater Operating budget for 1988/89.
Action Required by Council:
.
Approve acceptance of the proposal from Mr. Donald Graessner, P.E. for the
inspection of the City of La Porte water storage tanks in an amount not to
exceed $5,350.00.
Availability of Funds:
General Fund
Capital Improvement
Other
xx
Water/Wastewater
Gener_a1- Revenue Shar ing
Account Number: 002-604-604-507
Funds Available: XX--YES
NO
Approved for City Council Aqenda
G2~ T~ .',~
Robert T. Herrera
City Manager
~ tw \~
DATE
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DONALD C. GRAESSER. P.E.
e
Elevated & Ground Tank Consultant
2107 Vinewood Dr.
Bryan, Texas 77802
(409) 779-6591
Ju 1 y 27, 1989
City of La Porte
ATTN: Mr. Buddy Jacobs
Assistant Director, Publ ic Works
P.O. Box 1115, 604 West Fairmont
La Porte, Texas 77571
Dear Mr. Jacobs:
Re: Proposal for Inspection of Water Storage Facil ities
After our telephone conversation of July 24, we are pleased to forward
th i s proposa 1 for the i nspec t i on serv ices in connec t i on with the
evaluation of the elevated and ground storage facil ities of the City of
La Porte, Texas.
We wi 11 make an inspect i on of the inter i or and exter i or of all of the
water storage facilites within the City. We will during the course of
the inspection, evaluate the existing coatings, inspect the structural
members for structural integrity, checK metal for pitting, inspect welds
v i sua 11 y to de term i ne whe ther repa i rs are requ i red and maKe
recommendations for x-rays where necessary. Photographs will be taken to
portray the present condition of the water storage facil ities. A written
report will be submitted on each storage facility, being an update of
the report submitted two years ago on the elevated structures and four
years ago on the ground facil ities.
We will in our repor t of i nspec t i on prov i de the recommenda t ions as to
the work requ i red to br i ng the tanKs into comp 1 i ance wi th the Texas
State Department of Health and the United States Occupational Safety and
Health Act (OSHA).
Within this proposal, we will provide any necessary recommendations as
to the type fin i shes that may be app 1 i ed for the best serv i ce, any
estimated costs and potential 1 ife factors.
In the course of our inspection, we are planning to checK the following
elevated storage facilities:
a. 400,000- 111 South 4th Street
b. 500,000- 3550 Farrington, in Fairmont ParK
c. 200,000- Former Bay Shore MUD facil ity
We are also planning to inspect the following ground storage facil ities:
a. 125,000- 10220 Hillridge -Replacement tanK
b. 125,000- 404 West Fairmont
c. 125,000- 404 West Fairmont
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d. 420,000- Co-located well tt5 on 25th Street
e. 420,000- 105 North Broadway
f. 350,000- 8610 Bandridge
g. 250,000- Co-located site of former Bay Shore MUD tower
The cost of the i nspec t i on and repor t will be:
Elevated Tower
$850.00 Each
Ground Storage $400.00 Each
The total cost of th i s proposal is current 1 y est imated at $5,350.00 and
may be reduced if we are able to schedule an elevated structure early
each morn i ng star t i ng on Monday and then schedu 1 e two or three ground
tanks for the rema i nder of the day. Th i s was how we schedu 1 ed the
inspections in 1985.
We agree to indemnify and hold the City of La Porte harmless from any
and all costs, damages, legal fees or other expenses that may arise in
connection wi th any claims, demands, 1 i tigation, actions or causes of
action rising in any way from the performance of work under this
contract by us or our employees, agents or invitees of us including, but
not 1 imited to, personal injuries to the foregoing or any third person.
We shall require that all storage tanKs be drained on the schedule which
is mutually agreed upon by the personnel of the Ci ty of La Porte. In
addition, all ground storage tanKs shall have the lower side hatch
removed and rep 1 aced by City personne 1. We shall also be prov i ded
necessary Keys for entrance into the tanks prior to climbing any tank.
Recl imbs caused by failure to have proper Keys provided may be the basis
for an additional charge.
We shall not be responsible for any damages or injuries caused by or to
any employees of the City of La Porte should they be injured during the
removal of the hatches or should they cl imb up on or enter into any of
the tanks during the execution of this contract proposal.
Should this proposal meet with your approval, please sign in the
appropriate place and return one coPy to our office. At the same time,
please adv i se us of the proposed date of the i n.spec t ions. We will then
be prepared to work out a mutually acceptable schedule for the
completion of the worK.
Respectfully
&t.1c:
SSNtt 388-30-4015
P.E.
ACCEPTED BY:
Date
-2-
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DONALD C. GRAESSER, P.E.
e
Elevated Bt Ground Tank Consultant
2107 Vinewood Dr.
Bryan. Texas 77802
(409) 779~591
.Ju 1 y 27, 1989
City of La Porte
ATTN: Mr. Buddy Jacobs
Assistant Director, Publ ic Works
P.O. Box 1115, 604 West Fairmont
La Porte, Texas 77571
Dear Mr. Jacobs:
Re: Proposal for Inspection of Water Storage Facil ities
After our telephone conversation of July 24, we are pleased to forward
this proposal for the inspection services in connection with the
evaluation of the elevated and ground storage facil ities of the City of
La Porte, Texas.
We will make an inspection of the interior and exterior of all of the
water storage fac i 1 i tes wi th i n the Ci ty. We wi 11 dur i ng the course of
the inspection, evaluate the existing coatings, inspect the structural
members for s truc tura 1 in tegr i ty, check me tal for pitt i ng, i nspec t we 1 ds
visually to determine whether repairs are required and maKe
recommendations for x-rays where necessary. Photographs will be taken to
portray the present condition of the water storage facil ities. A written
report wi 11 be submi tted on each storage faci 1 i ty, being an update of
the report submitted two years ago on the elevated structures and four
years ago on the ground facil ities.
We will in our repor t of i nspec t i on prov i de the recommenda t ions as to
the work required to bring the tanKs into compl iance wi th the Texas
State Department of Health and the United States Occupational Safety and
Health Act (OSHA).
Within this proposal, we will provide any necessary recommendations as
to the type fin i shes that may be app 1 i ed for the best serv i ce, any
estimated costs and potential 1 ife factors.
In the course of our inspection, we are planning to check the following
elevated storage facil ities:
a. 400,000- 111 South 4th Street
b. 500,000- 3550 Farrington, in Fairmont Park
c. 200,000- Former Bay Shore MUD facil ity
We are also planning to inspect the following ground storage facil ities:
a. 125,000- 10220 Hillridge -Replacement tank
b. 125,000- 404 West Fairmont
c. 125,000- 404 West Fairmont
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CONSIDER APPROVING PROPOSAL FOR INSPECTION OF WATER STORAGE TANKS -
S. Gillett
Motion by
Second by
VOTE:
FOR
AGAINST
ABSTAIN
Waters
Cooper
Matuszak
McLaughlin
Gay
Skelton
Clarke
Malone
Motion carried
Defeated
Tabled
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COUNCIL ACTION
WATERS:
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MEMORANDUM
July 31, 1989
TO: R. T. Herrera, City Manager
FROM: Cherie Black, City Secretary
SUBJECT: Appointments to City of La Porte Boards and Commissions
The following Boards and/or Commissions currently have members
whose term has expired or will expire in the immediate future.
Water Authority - Expire September 1. 1989
Jerry Bramlett
Richard Matthews
Mike Wadsworth
Airport Advisorv Board - Expired Mav 31. 1989
Larry Tucker
Deborah Rihn
Planninq and Zoninq Commission - Expired April 30. 1989
Inge Browder - District 2
Eugene Edmonds - District 3
civil Service commission - Expires September 30. 1989
Robert Swanagan
Do you want me to prepare ordinances to fill these positions
for Council action at the August 14 meeting?
Cherie Black
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CIVIL SERVICE COMMISSION
TERM EXPIRES
Keith Trainer
501 South Blackwell
471-6586
9/30/90
4/30/90
Jim Longnecker
233 San Jacinto
471-2721
9/30/91
4/30/91
Robert Swanagan
100 Park
9/30/89
4/30/91
Director of civil Service:
Doug de la Morena
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PLANNING AND ZONING COMMISSION
KEMBER
TERM EXPIRES
Janet Graves Chairman 4/30/90 4/30/90
10443 Collingswood
471-1930 - Home
District 1: R. J. Blackwell ,4/30/90 4/30/90
1602 Lomax School Rd.
471-2635
<6"1
District 2: Inge Browder 4/30/"- 4/30/91
9739 Willmont
471-4959
District 3: Eugene Edmonds 4/30/89 4/30/91
10307 Winding Trail
471-3208
District 4: Lola Phillips 4/30/90 4/30/90
432 North Fifth
471-2301
District 5: Charles D. Boyle 4/30/90 4/30/90
P.o. Box 24
471-2122 Work
471-1119 - Home
District 6: Jack Gresham 4/30/90 4/30/90
829 South Fourth
471-1474
position 2
position 4
position 5
Position 3
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LA PORTE AREA WATER AUTHORITY
Claud Graves
10443 Collingswood
471-1930
'If I / q 0
9/1/88
Richard Matthews
2915 Crescent Shores
470-0351
9/1/89
Jerry Bramlett
918 South Kansas
471-2944
9/1/89
Mike Wadsworth
10347 Shell Rock
471-1633
9/1/89
Robert T. Herrera, City manager
471-5020
steve Gillett (will receive agenda)
John Armstrong (will receive agenda)
TERM EXPIRES
9/1/90
9/1/91
9/1/91
9/1/91
.
.
LA PORTE AIRPORT ADVISORY BOARD
TERM EXPIRES
position 1 Cliff Hyde FOM 5/31/91 5/31/91
position 2 Larry Tucker College 5/31/89 5/31/92
position 3 Debbie Rihn Pilot /9% 1 5/31/92
position 4 Mike Miller pilot 5/31/90 5/31/90
position 5 Guy Sutherland citizen 5/31/90 5/31/90
position 6 John Ladd Citizen 5/31/91 5/31/91
position 7 David Newcome pilot 5/31/92
Nathin Hooks 5/31/92
Dwight Zukaro 5/31/92
position 8 City of la Porte Airport manager steve Gillett