HomeMy WebLinkAbout1989-08-24 Regular Meeting
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MINUTES OF THE REGULAR MEETING OF THE LA PORTE CITY COUNCIL
AUGUST 24, 1989
1. The meeting was called to order by Mayor Malone at 6:00 P.M.
Members of the City Council Present: Mayor Norman Malone,
Councilpersons Betty Waters, Mike Cooper, Ed Matuszak, Bob
McLaughlin, B. Don Skelton, Jerry Clarke
Members of the citv Council Absent: Councilperson Deotis Gay
Members of citv 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 Public Works Steve Gillett, Fire Chief Joe
Sease, Acting Police Chief Bobby Powell, EMS Chief Gary
Williams, Utility Supervisor curtis Herrod, Treatment Plant
Supervisor Walter Barnes, Industrial Waste Technician Lee Dye
Others Present: Berdon Lawrence, Visions '89 Chairman; John
Black, Bayshore Sun; approximately 65 citizens
2. The invocation was given by City Attorney Askins.
3. Council considered approving the minutes of the public
hearings and regular meeting of Council held August 14, 1989.
councilperson McLaughlin made a correction to the minutes,
item 15 - he had voted "no" on awarding a bid for the
remodeling of the computer room.
Motion was made bv Councilperson Skelton to approve the
minutes of Auqust 14 as corrected. Second by councilperson
Clarke. The motion carried, 7 ayes and 0 nays.
Nays:
Councilpersonswaters, Cooper, Matuszak, McLaughlin,
Skelton, Clarke and Mayor Malone
None
Ayes:
4. Council considered approving the minutes of the special called
meeting of Council held August 21, 1989.
Motion was made by Councilperson Waters to approve the Auqust
21 meetinq as presented. second by Councilperson McLaughlin.
The motion carried, 7 ayes and 0 nays.
Nays:
Councilpersons Waters, Cooper, Matuszak, McLaughlin,
Skelton, Clarke and Mayor Malone
None
Ayes:
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Minutes, Regular Meeting, La Porte city Council
August 24, 1989, Page 2
5. The following citizens addressed Council:
The Mayor noted that three citizens had telephoned to request
their views on the Myrtle Creek traffic situation. They were
Robert Hayes, who called to voice opposition to closing Myrtle
creek but was in favor of a traffic light; Jeff Tippit, who
called to voice opposition to closing Myrtle Creek; and Gary
Hamel, who called to endorse a stop sign or traffic light on
Myrtle Creek.
Mrs. Barbara Sitzman, 730 Myrtle Creek, addressed Council
asking for Council's help in getting traffic control needed
on Myrtle Creek started and completed. The traffic accident
that happened last week was at her location, and the car
involved ended up five feet from her son's bedroom. She asked
that Council consider the petition that has been signed with
over 300 signatures, which asks for the closing of Myrtle
Creek.
Mr. Mike sitzman, 730 Myrtle Creek, addressed Council to
confirm his wife's statements. He felt that stop signs and
traffic control signals might slow down traffic, but it would
not hinder the amount of traffic on Myrtle Creek. He feels
the "pipeline hump" contributes to the problem of safety in
crossing the street. He feels closing Myrtle Creek and
putting an entrance in somewhere else in order to make it less
convenient to drive straight through the subdivision. He
thinks this would bea better solution than a stop sign or
traffic light on that street.
Kevin DeShazo, 5625 Stone Creek Drive, addressed Council to
oppose closing Myrtle Creek but endorsing stop signs being
erected.
Mr. Neal Woodard, 925 Myrtle Creek, addressed Council
regarding traffic on Myrtle Creek. He suggested that through
traffic be allowed on Myrtle Creek during business hours and
close the street off on weekends.
Ms. Terri Burton, 905 Shadow Creek, addressed Council and
stated that she had witnessed the accident on Myrtle Creek
when the little girl was hit, and at that point decided she
needed to take some action as far as getting some stop signs
or some sort of traffic control there. She has spoken to Mr.
Dietert on this problem, and said he informed her that there
is no reason the Council cannot put up stop signs on that
street. She stated that he said the State does not take
jurisdiction within a municipality, that it is the
municipality's responsibility and if the municipality deems
it necessary to put a stop sign on any corner, that the city
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Minutes, Regular Meeting, La Porte City Council
August 24, 1989, Page 3
may do so as it deems necessary. She stated the warrants
listed are for state regulations, and are merely guidelines
for municipalities. Mr. Dietert informed her that the state
will come and do a road survey at the Myrtle Creek location,
but he is not happy about it. She quoted from the list of
general provisions that had been sent to her, which stated
that lithe provisions of this manual may be standards for
traffic devices installed, but not a legal requirement for
installation." She also quoted other provisions, dealing with
high speed, restricted view, and serious accident records in
regards to traffic controls being installed. She offered to
let any member of Council look at her paper work.
Mrs. Paula Bridges, 813 River Creek, addressed Council stating
that she had spent 8 and one-half years trying to get some
kind of traffic control on Myrtle Creek. She inquired why,
(since there had been nothing done on Myrtle Creek) in April
of 1987, a stop sign, a 4-way stop, put at the intersection
of Shell Rock and Wilmont? She said there had been no traffic
study at that time, no traffic count, no warrant - the reason
for that stop sign was "restricted view, many near accidents."
She wanted to know why Fairmont Park West does not need the
same requirements for a 4-way stop sign that Creekmont
subdivision needs.
6. Mr. Berdon Lawrence, Chairman of the Visions '89 Committee,
presented the final report to Council. He gave a brief
summary of each subcommittee's report, and complimented the
hard work each of the committees had done. He is proud of the
report, and it is something the City should be proud of. It
shows far reaching vision for City planning, and he hopes it
will be acted upon.
7. Council considered an ordinance appointing members to position
2 and position 3 of the La Porte Planning and zoning
Commission.
It was requested that this item be taken to executive session.
8. Council considered an ordinance appointing members to position
3, position 4, and position 5 of the La Porte Area Water
Authority.
The City Attorney read: ORDINANCE 1662 - AN ORDINANCE
APPOINTING A DIRECTOR, POSITION 3, A DIRECTOR, POSITION 4,
AND A DIRECTOR, POSITION 5, OF THE LA PORTE AREA WATER
AUTHORITY, FOR A TERM TO EXPIRE SEPTEMBER 1, 1991; CONTAINING
A REPEALING 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
August 24, 1989, Page 4
Motion was made by Councilperson Waters to adopt Ordinance
1662 as read by the City Attorney to appoint Mike Wadsworth
to position 3. Richard Matthews to position 4. and Jerry
Bramlett to position 5. Second by councilperson Matuszak.
The motion carried, 7 ayes and 0 nays.
Nays:
Councilpersons Waters, Cooper, Matuszak, McLaughlin,
Skelton, Clarke and Mayor Malone
None
Ayes:
9. Council considered an ordinance amending Article 12-1/2 of the
Code of Ordinances of the City of La Porte, said Article being
the Industrial Waste Ordinance of the City of La Porte.
The City Attorney read: ORDINANCE 1663 - AN ORDINANCE
AMENDING ARTICLE 12-1/2 OF THE CODE OF ORDINANCES OF THE CITY
OF LA PORTE, SAID ARTICLE BEING THE INDUSTRIAL WASTE ORDINANCE
OF THE CITY OF LA PORTE, REGULATING THE DISCHARGE OF
INDUSTRIAL WASTE INTO PUBLIC SEWERS OF THE CITY OF LA PORTE,
TEXAS, PROMULGATING REGULATIONS AND ESTABLISHING CHARGES FOR
SERVICES RENDERED; PROVIDING THAT ANY PERSON VIOLATING THE
TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A
MISDEMEANOR AND SHALL UPON CONVICTION BE FINED NOT TO EXCEED
TWO HUNDRED DOLLARS ($200.00); CONTAINING SEVERABILITY AND
REPEALING CLAUSES; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Skelton to adopt Ordinance
1663 as read bY the city Attorney. Second by Councilperson
Cooper. The motion carried, 7 ayes and 0 nays.
Nays:
councilpersons Waters, Cooper, Matuszak, McLaughlin,
Skelton, Clarke and Mayor Malone
None
Ayes:
10. Council considered accepting $16,500 donation from the La
Porte LEPC.
Motion was made bY Councilperson Matuszak to accept the LEPC
donation. Second by councilperson Skelton. The motion
carried, 7 ayes and 0 nays.
Nays:
CouncilpersonsWaters, Cooper, Matuszak, McLaughlin,
Skelton, Clarke and Mayor Malone
None
Ayes:
11. Council considered authorizing the city Manager to enter into
contracts for ambulance service within Battleground Industrial
Complex.
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Minutes, Regular Meeting, La Porte City Council
August 24, 1989, Page 5
Motion was made by Councilperson Clarke to authorize the City
Manager to enter into contracts for ambulance service within
the Battleqround Industrial Complex. Second by Councilperson
Matuszak. The motion carried, 7 ayes and 0 nays.
Nays:
councilpersonsWaters, Cooper, Matuszak, McLaughlin,
Skelton, Clarke and Mayor Malone
None
Ayes:
12. Council considered declaring an emergency and authorize
payment for emergency repairs on front loader, cost not to
exceed $3,700.
Motion was made bv Councilperson Skelton to declare an
emergency and authorize repairs on front loader, not to exceed
$3.700. Second by councilperson Cooper. The motion carried,
7 ayes and 0 nays.
Nays:
Councilpersons Waters, Cooper, Matuszak, McLaughlin,
Skelton, Clarke and Mayor Malone
None
Ayes:
13. Council considered a consent agenda, as follows: (a) Consider
awarding bid for grass seed; (b) Consider awarding bid for
tires; (c) Consider awarding bid for elevator controller; (d)
Consider awarding a bid for fire hose; (e) Consider awarding
contract for air conditioning maintenance.
Motion was made by Councilperson Waters to approve the consent
aqenda as presented. Second by councilperson Clarke. The
motion carried, 7 ayes and 0 nays.
Nays:
CouncilpersonsWaters, Cooper, Matuszak, McLaughlin,
Skelton, Clarke and Mayor Malone
None
Ayes:
14. There were no administrative reports.
15. Council Action: Councilpersons Cooper, Matuszak, McLaughlin,
Skelton, Clarke and Mayor Malone brought items to Council's
attention.
16. Council adjourned into executive session at 7: 23 P.M. to
discuss the following: (a) Personnel - discuss appointments
to various Boards and Commissions; (b) Legal - Meet with City
Attorney to discuss BayMUD mobile home litigation; (c) Legal,
Land Acquisition - Discuss land acquisition in Shady River for
access to sanitary sewer lift station; (d) Legal - Meet with
City Attorney to discuss Bayport Aviation, Inc., lease.
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Minutes, Regular Meeting, La Porte City Council
August 24, 1989, Page 6
Council returned to the Council table at 8:24 P.M. Staff was
directed to pursue the purchase of land in Shady River and
the City Manager and the City Attorney were directed to meet
with the owner of Bayport Aviation.
Council considered Ordinance 1661, appointing members to the
La Porte Planning and Zoning Commission.
Motion was made bv Councilperson Matuszak to.table this item.
Second by Councilperson Cooper. The motion carried, 7 ayes
and 0 nays.
Nays:
Councilpersonswaters, Cooper, Matuszak, MCLaughlin,
Skelton, Clarke and Mayor Malone
None
Ayes:
17. There being no further business to come before the Council,
the meeting adjourned at 8:25 P.M.
Respectfully submitted:
Cherie Black, City Secretary
Passed & Approved this the 11th
day of September, 1989
Norman L. Malone, Mayor
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CONSIDER APPROVING MINUTES OF THE REGULAR MEETING OF COUNCIL HELD
AUGUST 28, 1989
Motion by
Second by
.4~,
d~
VOTE:
FOR
AGAINST
ABSTAIN
Waters
Cooper
Matuszak
McLaughlin
Gay
Skelton
Clarke
Malone
Motion carried
Defeated
Tabled
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REOUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
September 11. 1989
Requested By:
Knox W. Askins
Department:
City Attorney
Repo rt
Resolution
x
Ordinance
Exhibits:
See Attached
SUMMARY & RECOMMENDATION
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Pass Ordinance declaring results of Special Election held on September 9th.
Action Required by Council:
Passage of Ordinance
Availability of Funds:
General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other (Motor Pool Replacement Fund)
Account Number:
Funds Available:
YES _ NO
Approved for City Council Agenda
G~
Robert T.Herrera DATE
City Manager
.
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ORDINANCE NO.
AN ORDINANCE DECLARING THE RESULTS OF THE SPECIAL ELECTION HELD IN
THE CITY OF LA PORTE ON SEPTEMBER 9, 1989, FOR THE ELECTION OF
COUNCILPERSON AT LARGE, POSITION B11 FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW 1 AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, there was held in the City of La Porte on the 9th day
of September, 1989, a special election for the purpose of electing a
Councilperson at Large -- Position B, in accordance with Section
8.10 of the Home Rule Charter of the City of La Porte1 and
WHEREAS, there were cast at said election for the following
listed person the number of votes opposite his name:
COUNCILPERSON AT LARGE -- POSITION B
Alton E. Porter
as shown in the official election returns heretofore delivered by
the Election Judge and officials to the Mayor and City Council of
the City of La Porte and submitted to the City Council.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF LA PORTE:
Section 1. That said election was duly called and notice
thereof given in accordance with law1 that said election was held in
the manner required by law1 that due returns of said election have
been made by the proper officers1 that said returns have been
canvassed by the City Council of the City of La Porte1 that said
election has resulted in the election of the following named
person, to-wit:
COUNCILPERSON AT LARGE -- POSITION B
Alton E. Porter
Section 2.
The City Council officially finds, determines,
recites and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
Civil Statutes Annotated1 and that this meeting has been open to the
public as required by law at all times during which this ordinance
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Ordinance No.
Page 2
and the subject matter thereof has been discussed, considered and
formally acted upon. The City Council further ratifies, approves
and confirms such written notice and the contents and posting
thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 11th day of September, 1989.
CITY OF LA PORTE
BY
Norman L. Malone, Mayor
ATTEST:
Cherie Black
City Secretary
A&;tJ cL
Knox W. Askins
City Attorney
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CONSIDER ORDINANCE DECLARING ~ESULTS OF SPECIAL ELECTION HELD ON
SEPTEMBER 9, 1989, FOR THE ELECTION OF A COUNCILPERSON AT LARGE,
POSITION B (Ord. 1664) - K. Askins
Motion by ~
Second by yJ1 ~
VOTE:
~~e~
Cooper
Matuszak
McLaughlin
FOR
Gay
Skelton
Clarke
Malone
Motion carried
V-Defeated
AGAINST
Tabled
ABSTAIN
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and .the1.Jz. pO.6:teJU:t.y, cUd olLdtUn and
e.6:t.a.bLiA h a COn6tli:u.ilon nOIL :the. UnUe.d
S:t.a.te.6 06 AmeJUc.a.; and
WHEREAS, a -L6 06 :the. glLe.a.te.6:t hnpoM: :tha-t aU c.ft.i..ze.n6 6u..U.y
undeJL6:t.a.nd :the. plLOv.L6.iOn6 and ptUnuple.6 c.on-talne.d .in :the. COn6.ti:tuU.on
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and
WHEREAS, .the. .:two hundJz.e.d .6e.c.ond ann..i..veJL6aJLY 06 :the. .6.igrUng On
.the. COn6tli:u.ilon plLov.ide.6 a h.A.-6:totUc. oppofLtu.n.Uy 60IL a..U. AmeJUc.a.n6 :to
le.CVl.Yt aboLLt and 1Le.C.a.U. ac.lU..e.ve.me.n..t6, 06 OUJl. FoundeJL6, and :to 1Le.6le.c.:t. on
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1Le.6 po YL6.ibili-Ue.6 ; and
WHEREAS, the. .inde.pe.nde.nc.e. gw:vz.a.nte.e.d :to :the. AmeJUc.a.n pe.o ple. by
:the. COn6t..U:.u:ti..on .6houid be. c.e1.e.bJz.a.te.d by applLOpJUa;te. c.eJl.emorUe6 and
a.ci:<-vLt<..e.6 clwUng COn6:tUu:ti.on We.e.k., Se.p:tembeJl. 17 :t.hMugh 23, a.6 de.6.ig-
na:te.d by plLOc.i.amcttion 06 the. PILe.6.ide.nt 06 :the. UnUe.d S:t.a.te.6 On AmvUc.a..
in ac.c.olLd.a.nc.e. wLth PubUc. Law 91 5 .
NOW, THEREFORE, I, NORMAN MALONE, MAYOR 06 :the. Cay 06 La. PoJz.:t.e.,
do heJl.e.by plWc.ta.im the. we.e.k. 06 Se.p:t.embeJl. 17 :t.hJz.oUflh 23, 1989, M
CONSTITUTION WEEK
and Wl.ge. au. 0UJl. c.ft.i..ze.n6 :to pa.y .6pe.cial a.t:t.e.n:ti..on clwz.,i,ng :tha-t we.e.k. :to OWl.
Fe.deJt..a1.. COn6tli:u.ilon and :the. advan:ta.ge. 06 AmeJUc.a.n CLti.ze.n6lU..p.
IN WITNESS WHEREOF, I have. heJl.e.unto .6eX. my hand and c.au6e.d :the.
Seal 06 :the. Cay:to be. a66.ixe.d he.Jz.eX.o, :th.A.-6 .the. 11.th day 06 Se.p:tembe.Jz., 1989.
CITY OF LA PORTE
NOlLman L. Malone., MayolL
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Office of the Mayor
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The City 0 fi La Po!Lte L6 v-U.a11.tj .-Lnte!l.e6 ted
.-Ln .the tjouth ofi -i..:t6 c.ommwUttj and w..L6he..6 to
plwv.-Lde an.ti-dJw.g .-Lnfioltma.:tWn and education
to .them J..n. an efifioJt:t to .6top dJw.g ablL6e; and
WHEREAS, P!l.e6.-Ldent Geoltge BU6h hal> announc.ed.1U..6 n.a.tional anti-
dJw.g p..e.an; and
WHEREAS, V. A . R. E., wlUc.h .6:tand6 fiolt Vltug AbU6 e B.e..6..L6 .tan.c.e
fducation, L6 a pltogltam to educ.a.te tjoung peop..e.e and aduU.6 abou.-t dJr.ug
abU6 e; and
WHEREAS, on Septembelt 14, 1989, Foltm~ F~t Ladtj Nanc.tj Reagan
tA.ti.U. "lUng .-Ln" Nmonal V .A. R. E. Vay.
NOW, THEREFORE, I, NORMAN MALONE, MAYOR ofi the CLttj ofi La Po!Lte,
do heltebtj plLO c1.ahn S eptemb~ 14, 1989, al>
NATIONAL V.A.R.E. VAY
J..n. .the CUtj ofi La Poltte., and Wlge ci..tizen.6 to .6Uppo!Lt thiA wolLthwlUle plWglUUn.
IN WITNESS WHEREOF, I have helLeun:to /.)e;t my hand and ca.U6ed the Seal.
06 .the Catj to be a66.-Lx.ed h~e.to, .th.L6 the 11.th datj 06 Septemb~, 1989.
CITY OF LA PORTE
Noltman L. Malo ne, MatjolL
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NAME: -1. 1 t - ;;~vt IttCCowl1. I
ADDRESS: ~~ i;i:;~". D~' ~\ ~ t ~\~:{{ Idd:+,'if>~
SUBJECT ON WHICH I WISH TO SPEAK: J\1.1 r'tO ""Ar, "
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_TSY~/Ti/. . ..
DATE: '9-[(- '6'1 .
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NAME: {\.\~\l... WOOD~~:t>
ADDRESS: q~5 t'^'11<,..\....t C~e..Er~
SUBJECT ON WHICH I WISH TO SPEAK: """ ~"n...t..
C~E:.eA<- ~t=--~\c.. '?e.oG,t....E:.rr\ .
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DATE: q - I \ - $ q
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NAME: ~Or'\ \to \\ ow Gl,,"\
ADDRESS: "l. 0 l- Lo..flA~ "e rJ ~\ O,^\ tt>r'\
SUBJECT ON WHICH I WISH TO SPEAK: ~A~r~~h~~'
[()..('Jo ~t~o("k ftt'M s+ 10\ r('l-O~'~~
DATE: ~- \\-53
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NAME:
ADDRESS:
SUBJECT ON WHICH I WISH TO SPEAK:
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DATE: ~ /1;/9e>~
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REQUEST FOR CITY COUNCIL AGENDA ITEM
-----------------------------------------------------------------
Agenda Date Requested:
xx
Report
11 1989
Requested By: Joel
Department: Community Develop.
xx
Ordinance
Exhibits:
1. Staff Report and Exhibits
2. Transmittal letter from Planning & Zoning commission
3. Rezoning Ordinance IS01-K
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SUKKARY , RECOKKENDATION
SUMMARY:
On August 17, 1989, the Planning & Zoning Commission considered a
request by I.C.N. Management Associates to rezone blocks 416; 417;
418; La Porte tract from General Commercial to Business Industrial
(Rezone Request R89-00S). Staff recommended and the Planning &
Zoning commission voted to recommend to the City Council a rezoning
to Planned unit Development with an underlying land use designation
of Commercial/Industrial.
Council is requested to consider this application in Public Hearing
and at the close of the hearing, to consider approval or denial of
the I. C. N . request. Approval may be accompl ished by passage of
rezoning Ordinance IS01-K which rezones blocks 416; 417; 418; and
419 PUD with an underlying land use of commercial/Industrial.
OPTIONS:
1. Approve rezoning as:
A. Recommended by the Planning & Zoning commission and Staff
B. Originally requested by applicants
2. Table request for further consideration at a future date
3. Deny request by defeat of Ordinance IS01-K
RECOMMENDATION:
Approve Rezoning Request R89-00S in the form recommended by the
Planning & Zoning commission
Action Required by Council:
1. Hold Public Hearing regarding rezoning request
2. Consider approval, tabling or denial of request by calling for
vote on Ordinance lS01-K
-----------------------------------------------------------------
Availability of Funds:
N/A
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
Funds Available:___Yes ___No
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~ fT~ C~Cil Agenda
Robert T. Herrera
q ~ l -<6q
Date
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CITY OF Ltl. PORTE
PHO"E (713) 471.5020 . P.O Box 1115 · LA PORTE. TEXAS 77571
-
-~
August 18, 1989
Honorable Mayor Norman Malone and city council
city of La Porte
P.O. Box 1115 .
La Porte, Texas 77572-1115
RE: Rezoning Request R89-005
Dear Mayor and Council:
The Planning & zoning commission, at our August 17, 1989 Public
Hearing and Regular Meeting, considered a request by ICN Management
Associates to rezone Blocks 416; 417; 418; 419; La Porte tract from
General Commercial to Business Industrial. The property in question
is located east of North Broadway between East Madison and East
Adams streets.
During the course of the Public Hearing, the application, at
staff's recommendation, was amended to request a rezoning to PUD
with an underlying land use designation of commercial/Industrial.
The Commission recommends approval of this rezoning request as
recommended by staff.
RespectfullY~
et Graves, Chairman
nning & Zoning commission
JG/ML/ ch
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REZONING REQUEST R89-005
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CITY OF LA PORTE
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APPLICATION FOR
ZONE CHANGE REQUEST
----------------------------------------------------------------------
?f- ~5
7~- ~?
{7 1/' 3'
Application No.:
OFFICE USE ONLY: Fee: $100.00 Date Received:
Receipt No.:
(j Site Plan () Minor Development Site Plan
( ) Major Development Site Plan / (j) General Plan
( ) Site Plans Submitted on / _Ar <;:q
, I
--------------------------------------------------------------------'--
APPLICANT'S NAME:
ICN MRnRgpmpnr A~~nr;~r~Q
Date:
7/28/89
Signature:
71i-Q"1-0055
Address:
600 Jefferson #'5'5S HOll~ron, 'T'X
OV/NER 'S NAt1E:
ICN Investment Co ., Managing Partner
Land under contract to G. Decker McKim, Trll~rpp for Tr.N M~n~8~m~nt
Associates
Address:
P.O. Box 1711
T~Porte, IX 77571
PH: 471-3611
Property Legal Description: Blocks 416."'417. 41R, u1Q
(x) See Attached
I AM THE OWNER OF THE HEREIN DESCRIBED PROPERTY AND
IS AUTHORIZED TO FILE THIS APPLICATION ON MY BEHALF.
Date:
Signature:
Zone:
GC
Requested Zone Change: BI
SIC No.
4??2
-Proposed Usage:
Refrigerated Warehouse
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OFFICE USE ONLY
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1) Planning & Zoning: (a) Preliminary Meeting -
(b) Public Hearing/Mtg. -
Recommendation:
Applicant Notified of Date(s): (Y;
1st Mtg.
V
(,f//f 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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Zoning Chonge Request
Blocks 416, 417, 416, 419
Loporte, Texos
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REZONING REQUEST R89-005
Requested For:
Requested Zoninq:
Present Zoninq:
Requested By:
Blk 416-419; La Porte Tract (See Exibit A)
Business Industrial (B.I.)
General Commercial (G.C.) (See Exhibit B)
Mr. Don Holloway, President, I.C.N.
Investment Corporation, owner
Background:
The tract in question is comprised of four, standard thirty-
two lot blocks which are bounded by North Broadway on the west,
Madison Street on the north, Adams Street on the south and an
abandoned Southern Pacific rail spur on the east (See Exhibit A).
These blocks are presently undeveloped. Madison, Tyler and Adams
Streets are all open but undeveloped. A street and alley closing
for this tract is currently pending.
The four blocks are part of a General Commercial Zone which
extends to the south across East Main and to the west across
North Broadway. The property to the north is zoned Business
Industrial. The property to the east is zoned R-2, Mid-Density
Residential (See Exhibit B).
As indicated by the City's Land Use Plan there is a public
park proposed for the property located south of the tract in
question (See Exhibit C).
e
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Rezone Request R89-00S
Page 2
Ana I ys is:
In reviewing the Comprehensive Plan and Zoning Appendix, the
intention to contain industrial development within "corridors" is
"Northside"
residential
intention to buffer and protect the
neighborhood from industrial
clear. Also evident is the
encroachments (See Exhibit B).
This rezoning, if granted, will represent a major expansion
to the Barbour's Cut corridor and bring industrial development
much closer to the main body of the Northside neighborhood.
Also to be considered in reviewing this request is the issue
of property ingress and egress and increased traffic. North
Broadway is designated as a "local Collector" street by the
City's thoroughfare plan and is developed as such: i.e. two lanes
of paved surface with unpaved parking shoulder (parking shoulders
are not fully developed for the length of the road). Development
which will make use of North Broadway for truck traffic will
necessitate the upgrading of Broadway. The type of traffic
generated will also make it necessary to amend the City's Truck
Route ordinance to designate North Broadway as a truck route or
allow a truck route to extend two blocks south of Barbour's Cut
Blvd.
It is staff's understanding that the rail spur located along
the east side of the tract being considered here is to be
reactivated into the subject tract. The applicants propose to
develop a landscape buffer west of the tracks. This buffer,
e
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Request R89-00S
Page 3
which is not included in the rezoning request is to occupy the
eastern one half of Blks 415 & 420. This area is to be developed
as a private landscaped park facility which will be for use by
the applicants' employees.
The final consideration is one of need. The Comprehensive
Plan has endeavored to establish ratios of commercial and
industrial to residential property. There are currently large
tracts of undeveloped B.I. and L.I. property located within the
City. It is therefore incumbent upon the applicants to
demonstrate the need for a rezoning of this tract.
In demonstrating the need for a rezoning, it is necessary
for an applicant to demonstrate that one of the two following
criteria have been satisfied.
There has been an error made in assigning a zoning
designation to a tract or area.
Development patterns unforseen by the
Plan have emerged and are sufficient
warrant an amendment to the plan.
It is clear that the present zoning does not constitute an
error but, rather reflects the goals held by the City and it's
citizens at the time of the Plan's adoption. It must therefore
be demonstrated to the Commission's satisfaction that there has
been a change in development patterns which are sufficient to
justify this rezoning.
It is the applicant's contention that there has indeed been
1.
2.
Comprehensive
in scope to
e
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Rezone Request R89-005
Page 4
an emergence of development patterns unforseen by the
Comprehensive Plan. These changes have come in the form of the
increased activity and the current $80 million expansion of the
Port of Houston's Barbour's Cut Terminal.
The increased Port activity has had the effect of increasing
demand for property on which to develop port related business.
It has also decreased the likelihood of viable residential
neighborhoods or General Commercial centers developing in the
area under consideration.
Ready access to Barbour's Cut Blvd. and the presence of an
existing railroad R.O.W. both serve to make the tract in question
attractive and suitable for Business Industrial type development.
The applicant's reasoning regarding this tract appears to be
sound and worthy of careful consideration by the Commission.
If this rezoning is granted, North Broadway will become the
line of demarcation between Industrial and (to the west) non
industrial uses. The General Commercial zone which runs along
East Main will act as a buffer for the residential neighborhoods
located to the south.
It appears, that with proper property controls in place,
B.I. type development may well be the highest and best use of
land in this area. Duel however, to the potential scope of
development in this area and the close proximity of residential
neighborhoods, B.I. zoning may not be the most appropriate zoning
designation for this tract. A zoning designation of P.U.D. with
e
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Rezone Request R69-005
Page 5
an underlying land use designation of Commercial Industrial
appears to be a more suitable alternative. The Conditional use
procedure which insures Planning & Zoning Commission and City
Council oversight of development standards, will give the City
the means with which to protect the integrity of neighborhood
development. PUD controls should ulltimately be extended to the
entire ICN development.
Given adequate control on the City's part, it appears that
B.I. type development on this tract could comfortably coexist
with existing development in the area and ultimately benefit the
City as a whole.
The major issue which is raised has to do with the primarily
undeveloped R-2 zone located to the east. In the short term, the
park proposed by the applicants will provide an adequate buffer
for this zone. However, accepting the applicant's reasoning
regarding their tract calls into question the Comprehensive
~lan/B int~nt for th~ ~ntir~ ~-f zon~; Approval of the request
will almost certainly mandate a review of the Comprehensive
Plan's intent for the northeastern quadrant of the city.
Conclusion:
Granting this rezoning will constitute an amendment to the
City's Comprehensive Plan and will also have implications for the
City at large. Having acknowledged this however, the applicant's
reasoning and request appears to be sound and reasonable.
e
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Rezone Request Ra9-00S
Page 6
Recommendation:
Grant a rezoning of the subject tract to P.U.D. with an
underlying Commercial Industrial land use.
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LEGEND
MH MANUFACTURED HOUSING
R-I LOW DENSITY RESIDENTIAL
R-2 MEDIUM DENSITY RESIDENTIAL
R-3 HIGH DENSITY RESIDENTIAL
NC NEIGHBORHOOD COMMERCIAL
GC GENERAL COMMERCIAL
BI BUSINESS INDUSTRIAL PARK
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PlIO PLANNED UNIT DEVELOPMENT
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LAND USE PLAN
LEGEND
CONTROLLED ACCESS HWY.ZONE 500'ALbNG
PARALLEL TO HIGHWAY uRIGHT -OF- WAY
PUBLIC USES
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LOW DENSITY RESIDENTIAL USES
MID TO HIGH DENSITY RESIDENTIAL USES
COMMERCIAL USES
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COMMERCIAL INDUSTRIAL USES
EXHIBIT C
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ORDINANCE NO. 1501-K
AN ORDINANCE AMENDING ORDINANCE NO. 1501, BY CHANGING CLASSIFICA-
TION OF THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte hereby
finds, determines and declares that heretofore, to-wit, on the 17th
day of August, 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 August
17, 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 August 18,
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 11th day of September, 1989, at 6:00 P.M.,
a public hearing was held before the City Council of the City of La
Porte, pursuant to due notice, to consider the question of the
possible re-classification of the zoning classification of the
hereinafter described parcels of land. There is attached to this
Ordinance as Exhibit "0", incorporated by reference herein and made
a part hereof for all purposes, a copy of the "Notice of Public
Hearing" which the City Council of the City of La Porte hereby
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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 Planned Unit Development with an underlying land use
designation of Commercial/Industrial.
The description of said
parcels of land re-zoned are as follows, to-wit:
More particularly described 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 l50l-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 l~ast twice within ten (10) days after the passage of this
ordinance.
PASSED AND APPROVED this
day of
, 1989.
CITY OF LA PORTE
By:
Norman Malone, Mayor
ATTEST:
By:
Cherie Black,City Secretary
:::R~zJ d
Knox W. Askins
City Attorney
City of La Porte
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STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Ordinance 1501,
the City of La Porte Zoning Ordinance, notice is h~reby
given that the La Porte Planning and Zoning Commission
will conduct a public hearing at 7:00 P.M. on the 17th
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
Blocks 416, 417, 418, and 419; La Porte Tract, to
Business Industrial. The present zoning of these blocks
is General Commercial. The hearing is requested by ICN
Investment Corporation, Don Holloway, President.
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
EXHIBIT 11
PUBLIC NOTICE
/\1m-ICE OF
'....PUBLlC HEARING
In accordance with the provisions of
Ordinance 1501. the City of La Porte Zon-
ing Ordinance, notice is hmeby given that
the La Porte Planning and Zoning Com-
, mission will conduct a public hearing at
7:00 P,M. on the 17th day of August.
1989. in the Council Chambers of the City
Hall. 604 West Fi:lirmont Parkway. La
Porte. Texas. The pruposeof the Public
Hearing is to consider rezoning BLocks
416,417.418 and419; La Porte Tract. to
Business Industrial. The:present zoning
of these blocks is General Commercial.
The hearing is requested by ICN Invest-
ment Corporation. Don Holloway,
President.
A regular meeting will be held following
the public hearing for the purpose of act-
_ ing upon the public hearing item and con-
duct other matters pertaining to the Plan-
ning and Zoning' Commission,
Citizens wishing to address the Com-
mission pro or con during the Public Hear-
ing will be required to.sign in before the
meeting is convened,
CITY OF LA PORTE
Cherie Black
City Secretary
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La Porte; Texas 77571
(713) 471-1234
B
re Sun
e undersigned authority, on this date
d Sandra E. Bumgarner, duly authorized
shore Sun, a semi-weekly newspaper
Porte, Harris County, Texas, and who
after being duly sworn, says the attached notice was
publ i shed in The Bayshore Sun of August 02, 1989
.t~-~-1, ~~~~~4U~
Sandra E. Bumgarner
Office Manager
me this c:2 ~ day of ~~
~~~L-~ ~ ~t~~
Notary Public
Harris County,
Sworn and subscribed before
A.D. 19n.
Texas "",,',u.............
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CITY OF LA PORTE
PHONE (713) 471-5020 . P.O Box 1115 . LA PORTE. TEXAS 77571
August 18, 1989
Honorable Mayor Norman Malone and City Council
City of La Porte
P.O. Box 1115
La Porte, Texas 77572-1115
RE: Rezoning Request R89-005
Dear Mayor and Council:
The Planning & Zoning Commission, at our August 17, 1989 Public
Hearing and Regular Meeting, considered a request by ICN Management
Associates to rezone Blocks 416; 417; 418; 419; La Porte tract from
General Commercial to Business Industrial. The property in question
is located east of North Broadway between East Madison and East
Adams streets.
During the course of the Public Hearing, the application, at
staff's recommendation, was amended to request a rezoning to PUD
with an underlying land use designation of commercial/Industrial.
The Commission recommends approval of this rezoning request as
recommended by staff.
.
RespectfullY~
et Graves, Chairman
nning & Zoning commission
JG/ML/ ch
EXHIBll'l
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STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provIsIons of Ordinance 1501, the City
of La Porte Zoning Ordinance, notice is hereby given that the La
Porte City Council will conduct a public heari~g at 6:00 P.M. on
the 11th day of September, 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 of Blocks 416, 417,
418, 419, La Porte tract, from General Commercial to Planned Unit
Development with a Commercial/Industrial land use designation. The
hearing is requested by ICN Investment Associates, Mr. Don
Holloway, President.
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 Coun~il pro or con during the
Public Hearing will be required to sign in before the meeting is
convened.
CITY OF LA PORTE
Cherie Black
City Secretary
EXHIBIT ])
Lndersigned authority, on this date
iandra E. Bumgarner, duly authorized
Ire Sun, a semi-weekly newspaper
published in La Porte, Harris County, Texas, and who
after being duly sworn, says the attached notice was
publ i shed in The Bayshore Sun of August 23, 1989
e
PUBLIC, NOTICE.
'~C'Ti~OF ;.
. "PUBLIC HEARING';,
.' " ',- .,'
In accordanCe with the provisions of
Ordinance 1501, the City of l..8. Porte lon"';,. \ /
jng Ordinance, notice is hereby given that:. ,
the La Porte City Councif,wi!1 conduct'.;.
public hearing at 6:00 P,M.;~,the'1J1tt(., '.
day of September, 1989, In the Council .
Chambers of the City Hall; 604 West Falr~i
mont Parkway, La Porte, Texas" The PU~_.';'.,
pose of the Public Hearing is to consider \ <
rezoning of BlOcks 416, 417, 418,41!; ~.
Porte tract, from General Commercial to~
Planned Unit Development with la~
Commercialllndustrialland uSEf'designa.;.
tion, The hearing is requested by ICN'
Investment Associates, MdDon Hollo-'
way, President . , .. .
A regular meeting will be held following
the public hearing for the purpose of act- .
lng upon the public hearing item and con- ,
duct other matters pertaining to the City ,
Council. ,
Citizens wishing to address the Council
. pro or con during the Public ,Hearing win .
be required to sign in before' the meeting .
is convened. .
II~
.'-1
CITY 'OF LA PORTE
Cherie Black
City Secretary
e
La Porte,' Texas 77571
(713) 471-1234
,t~~!~L-/j,. J({~?' ct 11<<_,--
Sandra E. Bumgarner
Office Manager
me this ;) 3 day of ~JJ
~~c~<?h ~dLL4'~~
Notary Public
Harris County,
Sworn and subscribed before
A.D. 19 f11.
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...... II iJ Y "-:"'
.........
<:.:.:.:.:.:.:.::>
436
435
>-
<I:
3:
o
<4
C)
CI:
lD
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t-
O:::
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:z
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I nterneti onel Cergo Network
Zoni ng Chenge Request
Blocks 416, 417, 41 B, 419
Lcporte, Texcs
434
. . .
.. .. .. ...
. . .
.. -. .. ...
. . .
.... ... ... .
.... ... ... ...
. . .
.... ... ... ..
. . .
:..:...... 41
. .
.. ... .. ..
. . .
... ... ... "'"
. . .
. . .
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I
Barbour3 Cut Boulevard
C.:.:.:.:.:.:.::> ~:.:.:.:<.:.:0
E:.:. :.:. :.:.:.:)
438
439
979
NORT H. F
14331
432
980
MADISON
420
421
422
TYLER
EXHIBIT 1,1
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CONSIDER ORDINANCE REZONING BLOCKS 416, 417, 418 AND 419, LA PORTE
TRACT,A FROM GENERAL COMMERCIAL TO BUSINESS INDUSTRIAL
(Ord. 1501-K) - J. Albrecht
Motion by
Second by
~-
VOTE:
FOR
AGAINST
ABSTAIN
~~
oper
Matuszak
~MCLaUghlin .
Ga"'~~
el ton ~.v/.I ~
Clarke ~.
Malone
.....-----
Motion carried
V". Defeated
Tabled
e e
10
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REQUEST FOR CITY COUNCIL AGENDA ITEM
AGENDA DATE REQUESTED
September 11. 1989
REQUESTED BY Jeff Litchfield
DEPARTMENT Finance
REPORT
RESOLUTION
x
ORDINANCE
EXHIBITS:
SUMMARY AND RECOMMENDATION
The City Council held budget workshops on August 14, 15, 16, and 21, 1989 to
discuss the proposed budgets for the fiscal year beginning October 1, 1989 and
ending September 30, 1990.
The following summary of revenues and expenditures <expenses) represent the
result of the workshops. All changes made by Council have been incorporated
into the various budgets.
Beginning Beginning
Fund Balance Revenues Expenditures Balance
General 3,000,000 11,876,500 12,415,484 2,461,016
Federal Revenue Sharing 198,638 3,600 202,238 0
Hotel/Motel Occupancy Tax 46,500 60,000 106,500 0
Water/Wastewater 1 , 381 , 146 5,152,600 5,433,745 1,100,001
Sylvan Beach 37,000 88,000 80,872 44 , 128
Airport 320,000 52,000 14,250 357,750
Commercial Solidwaste 245,000 377,600 291,346 331,254
Golf Course 70,000 905,650 858,124 117,526
Motor Pool 1,060,000 1,259,030 1,400,991 918,039
Medical 180,000 893,269 847,000 226,269
General CIP 44,343 14,000 0 58,343
Utility CIP 456,595 42,000 258,000 240,595
1984 General Obligation 1,560,975 125,000 73,295 1,612,680
1985 General Db I igat ion 541,864 10,000 348,255 203,609
1985 Revenue 145,662 184,945 320,570 10,037
1986 General ObI igat ion 91 ,280 2,500 93,780 0
1989 General Obligation 2,050,000 243,795 2,143,000 150,795
General Debt Service 1,121,800 2,590,612 2,700,098 1,012,314
Ut il i ty Debt Service 880,939 748,950 748,950 880,939
Total All Funds 13,431,742 24,630,051 28,336,498 9,725,295
ACTION REQUIRED BY COUNCIL: Adopt Ordinance Approving Fiscal Year 1989-90 Budget.
AVAILABILITY OF FUNDS:
GENERAL FUND
UTI L ITY FUND
OTHER
ACCOUNT NUMBER:
FUNDS AVAILABLE:
YES
NO
APPROVED FOR CITY COUNCIL AGENDA
QM~ T, ~___
ROBERT T HERRERA
CITY MANAGER
DATE
CONSIDER ORDINANCE ADOPTING CITY OF LA PORTE FY 1989-90 BUDGET
(Ord. 1665) - R. Herrera
Motion by
Second by
VOTE:
FOR
AGAINST
ABSTAIN
Waters
Cooper
Matuszak
McLaughlin
Gay
Skelton
Clarke
Malone
Motion carried
Defeated
Tabled
e e
II
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REQUEST FOR CITY COUNCIL AGENDA ITEM
1989
AGENDA DATE REQUESTED
REQUESTED BY
DEPARTMENT Finance
REPORT
RESOLUTION
x
ORDINANCE
EXHIBITS:
SUMMARY AND RECOMMENDATION
The adoption of the Utility Fund Budget for fiscal year 1989-90 requires an
increase in Utility Rates of Approximately 7%.
The need for the increase is backed up by the increased cost to procure water
brought about by the State's requirement that the City convert to Surface Water;
the continuing debt service necessary to service and retire debt associated with
utility improvementsj and the need to maintain a financially responsible Working
Capital balance.
The proposed rate increase of 7% is considerably less than the 34% we were
expected to have for the fiscal year.
ACTION REQUIRED BY COUNCIL: Adopt Ordinance
AVAILABILITY OF FUNDS:
GENERAL FUND
UTI LI TY FUND
OTHER
ACCOUNT NUMBER:
FUNDS AVAILABLE:
YES
NO
APPROVED FOR CITY COUNCIL AGENDA
G2~ \.~
ROBERT T HERRERA
CITY MANAGER
q - (0- ~"
DATE
" ,e e
1/
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REQUEST FOR CITY COUNCIL AGENDA ITEM
1989
AGENDA DATE REQUESTED
REQUESTED BY
DEPARTMENT
Finance
REPORT
RESOLUTION
x
ORDINANCE
EXHIBITS:
SUMMARY AND RECOMMENDATION
The adoption of the Utility Fund Budget for fiscal year 1989-90 requires an
increase in Utility Rates of Approximately 7%.
The need for the increase is backed up by the increased cost to procure water
brought about by the State's requirement that the City convert to Surface Water;
the continuing debt service necessary to service and retire debt associated with
utility improvementsj and the need to maintain a financially responsible Working
Capital balance.
The proposed rate increase of 7% is considerably less than the 34% we were
expected to have for the fiscal year.
ACTION REQUIRED BY COUNCIL: Adopt Ordinance
AVAILABILITY OF FUNDS:
GENERAL FUND
UTI LI TY FUND
OTHER
ACCOUNT NUMBER:
FUNDS AVAILABLE:
YES
NO
APPROVED FOR CITY COUNCIL AGENDA
Q~ \.~
ROBERT T HERRERA
CITY MANAGER
q . CD-Cj(ct
DATE
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ORDINANCE NO.
I ~tod.
AN ORDINANCE AMENDING CHAPTER 26, ARTICLE II, "WATER, SEWERS, AND SEWAGE
DISPOSAL," OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; ESTABLISHING
A NEW RATE AND FEE STRUCTURE; 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. Section 26-11(a) of Ordinance Number 1284 is hereby
amended, to hereafter read as follows, to-wit:
RATES FOR WATER SERVICE
The following rates shall be applicable for water purchased from the
City of La Porte computed on a monthly basis:
A. Residential Use:
A minimum charge, per month, shall be $6.95.
B. Apartment Units, Duplex Units, Individual Mobile Homes in Mobile
Home Parks, with units not individually metered for water:
A minimum charge per month, shall be $5.35 per living unit.
C. Commercial and Industrial Use:
A minimum charge per month shall be made in accordance with the
size of the meter utilized to measure service to the customer in
accordance with the following schedules:
3/4" meter, or smaller meter $ 9.35
1 " meter: $ 12.85
1 1/2" meter: $ 22.75
2" meter: $ 36.65
3" meter: $ 76.35
4" meter: $131 .85
6" meter: $290.60
8" meter, or larger: $512.80
D. Volume Charges;
(1) Each minimum bill of residential, commercial, and indus-
trial shall include 2,000 gallons of water per month.
(2) Each minimum bill of Apartment Units, Duplex Units,
Individual Mobile Homes in Mobile Home Parks, with units
not individually metered for water, shall include 2,000
gallons of water per unit per month.
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(3) Each additional 1,000 gallons used by a customer each month
shall be charged in accordance with the following schedule:
For the next additional 8,000 gallons exceeding 2,000
gallons:
$2.08 per 1,000 gallons.
For the next additional 15,000 gallons exceeding 10,000
gallons:
$2.30 per 1,000 gallons.
Each additional 1,000 gallons consumed exceeding 25,000
gallons:
$2.65 per 1,000 gallons.
(4) The volume charge to commercial and industrial shall be in
accordance with the schedule in (3).
(5) The volume charge to Apartment Units, Duplex Units, Indi-
vidual Mobile Home Units in Mobile Home Parks, with units
not individually metered for water, shall be in accordance
with the above schedule in (3) after the usage of the
amount of water exceeds the number of units billed times
2,000 gallons each month.
Section 2. Section 26-15 of Ordinance No. 1284 as amended by Ordi-
nance No. 1441, is hereby amended, to hereafter read as follows, to-wit:
RATES FOR SEWER SERVICES
The following rates shall be applicable for sewage treatment by the
City of La Porte computed on a monthly basis;
A. Residential Use:
A minimum charge, per month, shall be $11.95.
8. Apartment Units, Duplex Units, Individual Mobile Homes In Mobile
Home Parks, with units not individually metered for water:
A minimum charge per month, shall be $7.95 per living unit.
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C. Commercial and Industrial Use:
A minimum charge per month shall be made in accordance with the
size of the meter utilized to measure service to the customer in
accordance with the following schedules:
3/4"
1"
1 1/2"
2"
3"
4"
meter, or smaller meter
meter:
meter:
meter:
meter:
meter, or larger:
$ 21.15
$ 32. 10
$ 63.45
$107.40
$232.90
$408.55
D. Volume Charges:
(1) Since sewer discharge is not metered, all volume charges
shall be based on the total water volume charged to the
customer.
(2) Each minimum bill of residential, commercial, and indus-
trial shall include 2,000 gallons of sewage discharge
treated each month.
(3) Each minimum bill of Apartment Units, Duplex Units, Indi-
vidual Mobile Homes in Mobile Home Parks, with units not
Individually metered for water, shall include 2,000 gallons
of sewage discharge treated per unit each month per unit.
(4) Each additional 1,000 gallons treated for a customer each
month shall be charged in accordance with the following
schedule:
Residential:
$2.48 per 1,000 gallons.
Commercial and Industrial:
$2.48 per 1,000 gallons.
Apartment Units, Duplex Units, Individual Mobile Homes
in Mobile Home Parks, with units not individually
metered for water:
$2.48 per 1,000 gallons.
(5) Computation of Volume based on water purchased:
Residential:
The volume of sewage treated shall be based upon 95%
of the resident's water volume billed each month.
However, the maximum residential charge will be based
on 95% of a resident's average water billed for the
water metered during the months of November,
December, and January.
For new residents, the basis will be 6,500 gallons
rather than the average of November, December, and
January.
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Commercial and Industrial:
The volume of sewage treated will be based upon 85%
of the monthly water consumption.
Multi-Units:
The volume charge to Apartment Units; Duplex Units,
Individual Mobile Homes in Mobile Home Parks, with
units not individually metered for water, shall be
based on 85% of the amount of water billed each
month.
Section 3. This Ordinance shall take effect and be in force from
and after its passage and approval, with rates to be implemented on all
billings after October 10, 1989.
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 conven-
ient 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.
PASSED AND APPROVED this the 11th day of September, 1989.
CITY OF LA PORTE
By
Norman Malone, Mayor
ATTEST:
APPROVED:
City Secretary
City Attorney
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CONSIDER ORDINANCE AMENDING CHAPTER 26, ARTICLE II, "WATER, SEWERS,
AND SEWAGE DISPOSAL" OF THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE (Ord. 1666) - J. Litchfield
Motion by
Second by
Y:;~5~1~~
VOTE:
~
Cooper
Matuszak
cW~hlin
Gay
Skelton
Clarke
Malone
FOR AGAINST
ABSTAIN
Motion carried
7Defeated
Tabled
e e
/:2
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B~QUEST FOR CIll COUNCIL AGENDA ITEM
~--_.- _.- _.- - ~---~--_.-
Agenda Date Requested:
Requested By:
Janie
September 11, 1989
Bais ~ Department:
Resolution
Administration
Report
XX Ordinance
Exhibits:
MH & T Proposal (Copy attached separately)
SUMMARY & RECOMMENDATION
As directed by the City Council during an April 1989 Workshop
Session scheduled to discuss the Sylvan Beach Convention Center's
rates, City Staff prepared and distributed a Request for
Proposal (RFP) to solicit marketing and advertising services
from a private agency for the Sylvan Beach Convention Center.
On May 25, 1989, the RFP was distributed to sixteen agencies
and requested that interested agencies submit their proposal
to the City by June 23, 1989, 4:00p.m.
Although a total of three agencies submitted proposals, only
one agency met the submittal requirements. :~In accordance with
State Purchasing regulations, proposals submitted ~fter the time
and date in~icated on the RFP cannot be accepted.
After a thorough review ofMH &T'sproposal ~ City Staff held a
formal interview with the agency to meet and discuss their
proposal further. Staff agreed unanimously to select NH & T as
Sylvan Beach's new advertising and marketing firm.
A total of $7,000 will be required to fund the marketing study.
Funds to award this project are available under the Hotel/Hotel
Tax fund. Approval of this project is requested.
Action Required by Council:
Approval of this contract is recommended.
Availability of Funds:
xx
General Fund
Capital Improvement
Other = Hotel/Motel Tax
Water/Wastewater
General Revenue Sharing
Account Number:
026-600-600-507 Funds Available: XXYES _ NO
AP.P.1"-2.ved_f9r-.C.itY__G.QPDc il Agenda
Q~T.~
Robert T. Herrera
City Manager
_:1 - 2' --'i'tt
DATE
-------
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CONS I DER ORDINANCE APPROVING AGREEMENT FOR MARKETING AND
ADVERTISING SERVICES FOR SYLVAN BEACH CONVENTION CENTER - (Ord.
1667) - J. Joerns
Motion by
Second by
~
VOTE:
~~-~~
Matuszak
~yLaughlin
&'~~
Gay
Skelton
Clarke
Malone
FOR
AGAINST
ABSTAIN
Motion carried
~efeated
Tabled
e e
/3
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REoJltr FOR CITY COUNCIL AGEND~
..-..-.-.-.-....-..--.....-..............-................--.................................................................--................................................................................--...--.......-...-..-----
Agenda Date Requested: 1989
Requested By: steve Department: Public Works
Report Resolution XX Ordinance
Exhibits: 1- Ordinance No.
2 . Proposed Traffic Signal Maintenance Agreement.
3. City Secretary's Certificate.
.............................-.--........................................-.............-.-.-..-...-....................................-..................................................................................--............---............-.....---.
SUMMARY & RECOMMENDATION
The City of La Porte, under previous Highway Department Policy,
assumed maintenance of traffic signals on controlled access highways in
1982. Previous policy required cities with populations over fifteen
thousand (15,000) to assume maintenance duties.
The Highway Department has adopted new policies for construction,
maintenance, and operation of traffic signals. It is now authorized to
install, operate, and maintain traffic signals on controlled access
highways in all cities, and/or non-controlled access highways in cities
under fifty thousand (50,000) population.
The State plans to assume responsibility for maintenance and operation
of traffic signals sometime in the coming year, possibly as early as
October 1, 1989. A municipal traffic signal agreement is required when
transferring responsibility from the City to the State. Attached are
copies of the State's Standard Agreement (Traffic Signal-Type G), the
accompanying ordinance, and City Secretary's Certificate. Upon approval by
the Council, the documents must be returned to the State for their
signature.
Acceptance of the State's offer will result in an annual savings of
over Thirty Thousand Dollars ($30,000.00) in maintenance and electrical
costs. The only signals that would be maintained by the City are those
along Spencer Highway, a county road.
Staff recommends that the City accept the State's offer and execute
the necessary documents.
Action Required by Council:
Approve Ordinance No. transferring responsibility for maintenance
of traffic signals from the City to the State.
Availability of Funds:
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
Funds Available: ____yES
NO
Approved for City Council Aqenda
Q~T\~
Robert T. Herrera
City Manager
'\-~-f>~
DATE
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STATE OF TEXAS
COUNTY OF TRAVIS
This AGREEMENT, dated this day of , 19___, by and between
the State of Texas, hereinafter called the "State," Party of the First Part; and
the City of T,., Pn....f"I'> H;lr"';~ County, Texas, acting by
and through its duly authorized officers under an Ordinance/~, passed
the _ day of , 19___, hereinafter called the "City, II Party of the
Second Part, is made to become effective when fully executed by both parties.
WIT N E SSE T H
WHEREAS, there is (are) (a) highway traffic signal(s) in place at the location(s)
shown on EXHIBIT 1, attached hereto and made a part hereof, said highway traffic
signal(s) having been installed by the City and/or State and now being operated and
maintained by the City; and
WHEREAS, the State under the provisions of the Texas Register Title 43 TAC 25.5,
has authority to install, operate and maintain traffic signals on freeway type high-
ways in all cities and on other highway routes in cities of less than 50,000 popula-
tion (latest Federal Census); and
WHEREAS, the City has requested the State assume the maintenance and operation
of the highway traffic signal(s) now in place at the location(s) shown on EXHIBIT 1
and has authorized the continued existence, use, operation, and maintenance of the
highway traffic signal(s) by Ordinance/~ passed on the
of , 19
day
AGREEMENT (TRAFFIC SIGNAL - TYPE G)
1-4
6-87
AGREEMENT tit
NOW, therefore, in c~ideration of the premises and of the mutual covenants and
agreements of the parties hereto to be by them respectively kept and performed, as
hereinafter set forth, it is agreed as follows:
1. The City will leave the highway traffic signal(s) in place at the
location(s) shown on EXHIBIT 1. The plans for the highway traffic signal instal-
lation(s) are attached hereto, marked EXHIBIT 2, and made a part hereof.
2. The City will exercise no control whatsoever over the operation, main-
tenance, use, or existence of the highway traffic signal(s) without written authority
from the State Department of Highways and Public Transportation.
3. The State will operate and maintain the signal{s) at their expense and will
pay all power costs for operating the signal(s).
4. The State shall have the authority to make such changes in the design
and operation of the highway traffic signal(s) as it may deem necessary and advi-
sable to promote the safe, convenient, and orderly movement of traffic.
5. The State will return any and all parts of said highway traffic signal
installation(s) to the City should it(they) be removed by the State for any reason
other than for State use with City approval in an installation on a State or Federal
numbered highway route at a location within the City.
6. The State will retain ownership of all material furnished and installed by
the S ta te .
7. The City will be responsible for the police enforcement required for
securing obedience to the highway traffic signa1(8).
8. In the event the signal insta1lation(s) convered by this Agreement
become unnecessary or is(are) removed for any reason, this Agreement shall terminate.
9. To the extent permitted by law, the City shall indemnify and save harmless
the State, its agents or employees, from all suits, actions or claims and from all
AGREEMENT (TRAFFIC SIGNAL - TYPE G)
2-4
6/87
"""\.'"
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liability and damages for any and all injuries or damages sustained by any person or
property in consequence of any neglect in the performance, or failure of performance
of the City, its agents and employees under this Agreement.
10. The State will not incur any financial obligation to the City as a result of
this Agreement.
AGREEMENT (TRAFFIC SIGNAL-TYPE G)
3-4
6-87
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IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be
executed in triplicate on the dates shown hereinbelow.
Executed on behalf of the City, this
day of 19,
ATTEST:
By:
Mayor
Secretary for City
THE STATE OF TEXAS
Certified as being executed for the purpose
and effect of activating and/or carrying out
the orders, established policies, or work
programs heretofore approved and authorized by
the State Highway and Public Transportation
Commis s ion:
APPROVED:
By:
Traffic Operations Engineer
DATE:
AGREEMENT (TRAFFIC SIGNAL - TIPf G) 4-4
6-87
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EXHIBIT 1
LOCATIONS
LOCATION METER NUMBER TYPE
SH 146 @ BARBOURS CUT W 40-003-072 SIGNAL
SH 146 @ SPENCER HWY/LP 410 W 73-032-312 SIGNAL
SH 146 @ FAIRMONT PKWY S 49-442-503 SIGNAL
SH 225 @ MILLER CUT-OFF GE 73-807-569 SIGNAL
SH 225 @ SENS S 46-515-612 SIGNAL
SH 225 @ EB ADV. SPRR RAILROAD POWER FLASHER
SH 225 @ WE ADV. SPRR RAILROAD POWER FLASHER
SH 225 @ EB OHMSTEAD PLT. UNKNOWN FLASHER
LP 410 @ 8th W 68-829-331 SIGNAL
LP 410 @ 4th W 73-106-170 SIGNAL
LP 410 @ BROADWAY/MAIN W 57-337-121 SIGNAL
LP 410 @ SB "B" STREET W 66-328-172 SCHOOL
LP 410 @ "c" STREET W 64-205-714 SIGNAL
LP 410 @ "G" STREET W 62-157-201 SIGNAL
LP 410 @ NB "H" STREET GE 74-549-709 SCHOOL
LP 410 @ FAIRMONT PKWY S 60-820-533 SIGNAL
SP 501 @ SB SHADY RIVER SDHPT POWER SCHOOL
EXHIBIT 1
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ORDINANCE NO.
AN ORDINANCE PROVID!NG FOR THE APPROVAL OF THE AGREEMENT OAT ED
BETWEEN THE STATE OF TEXAS AND THE CITY OF La Portp , FOR THE
INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION, AND MAINTENANCE OF HIGH-
WAY TRAFFIC SIGNALS/ILLUMINATION AT THE LOCATION(S) SHOWN ON EXHIBIT 1. ATTACHED
HERETO AND MADE A PART HEREOF. IN THE CITY OF 1..q 'Pnrtp
PROVIDING FOR THE EXECUTION OF SAID AGREEMENT: AND DECLARING AN EMERGENCY.
BE IT BE ORDAINED BY THE CITY COUNCIL OF THE CITY OF
T..q 'PnTt-<>
SECTION 1. That the certain agreement dated between the State
of Texas and the City of 1.;\ Portp . . for the installation. construc-
tion. existence, use, operation, and maintenance of certain highway traffic signals/
illumination at the location(s) shown on EXHIBIT 1, attached hereto and made a
part hereof, in the City of L;\ Port~ . be and the same is hereby
approved, and 1S hereby authorized to execute said
agreement on beha 1f of the C ity of b PnTt-p . and to transmi t the
same to the State of Texas for appropriate action.
SECTION 2. The fact that the improvements contemplated under the above men-
tioned agreement are needed, creates an emergency which for the immediate pre-
servation of the public peace, health, safety, and general welfare requires that
this Ordinance take effect immediately from and after its passage, and it is
accordingly so ordained.
PASSED:
APPROVED:
Mayor
ATTEST:
Secretary
City
Clerk
APPROVED AS TO FORM:
City Attorney
ORDINANCE (TRAFFIC SIGNAL/ILLUMINATION)
1-1
11-84
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STATE OF TEXAS
COUNTY OF H~rr;~
I. , the duly appointed,
qualified and acting city secretary of the City of La Porte
Texas, hereby certify that the foregoing pages constitute a true and correct
copy of an ordinance/~duly passed by the City Council at a meeting
held on , A.D., 19___, at o'clock M.
To certify which, witness my hand and seal of the City of La Porte
Texas. this day of , 19____, at
La Porte
, Texas.
City Secretary of the City of
La Porte
, Texas
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CONSIDER ORDINANCE TRANSFERRING RESPONSIBILITY FOR MAINTENANCE OF
TRAFFIC SIGNALS FROM THE CITY OF LA PORTE TO THE STATE (Ord. 1668)
- R. Herrera
Motion by
Second by
e/~
~/
VOTE:
~~
Cooper
Matuszak
McL~ughlin
fww'''l-
Gay
Skelton
Clarke
Malone
FOR
AGAINST
ABSTAIN
Motion carried
~ Defeated
Tabled
..
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ORDINANCE NO. 1668
AN ORDINANCE PROVIDING FOR THE APPROVAL OF THE AGREEMENT DATED
SEPTEMBER 11, 1989, BETWEEN THE STATE OF TEXAS AND THE CITY OF LA
PORTE, FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE,
OPERATION, AND MAINTENANCE OF HIGHWAY TRAFFIC SIGNALS/ILLUMINATION
AT THE LOCATION(S) SHOWN ON EXHIBIT 1, ATTACHED HERETO AND MADE A
PART HEREOF, IN THE CITY OF LA PORTE, TEXAS; PROVIDING FOR THE
EXECUTION OF SAID AGREEMENT; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. That the certain agreement dated September 11,
1989, between the State of Texas and the City of La Porte, Texas,
for the installation, construction, existence, use, operation, and
maintenance of certain highway traffic signals/illumination at the
location(s) shown on Exhibit 1, attached hereto and made a part
hereof, in the City of La Porte, be and the same is hereby
approved and the Mayor is hereby authorized to execute said
agreement on behalf of the City of La Porte, and to transmit the
same to the State of Texas for appropriate action.
Section 2. The fact that the improvements contemplated under
the above mentioned agreement are needed, creates an emergency
which for the immediate preservation of the public peace, health,
safety, and general welfare requires that this Ordinance take
effect immediately from and after its passage, and it is
accordingly so ordained.
PASSED AND APPROVED this the 11th day of September, 1989.
CITY OF LA PORTE
Nor~2n L. Malone, Mayor
ATTEST:
Cherie Black, City Secretary
....
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ORDINANCE 1668, Page 2
APPROVED:
Knox W. Askins, ~ity Attorney
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REQUEST FOR CITY COUNCIL AGENDA ITEM
AGENDA DATE REQUESTED
1989
REQUESTED BY
DEPARTMENT Finance
REPORT
RESOLUTION ORDINANCE
EXHIBITS:
SUMMARY AND RECOMMENDATION
The City of La Porte has contracted with the Harris County Appraisal District to
provide appraisal service for the City.
On August 29, 1989, the Harris County Appraisal District provided the City with
the appraised values for property located in the City as of January 1, 1989.
Per section 26.04 of the Texas Property Tax Code, the City needs to formally
adopt the Taxable Roll.
ACTION REQUIRED BY COUNCIL:
Adopt Resolution
AVAILABILITY OF FUNDS:
GENERAL FUND
UTILITY FUND
OTHER
ACCOUNT NUMBER:
FUNDS AVAILABLE:
YES
NO
APPROVED FOR CITY COUNCIL AGENDA
Qo1J- T.
ROBERT T HERRERA
CITY MANAGER
~
ti - ~ - <is~
DATE
e e
IS-
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e
REQUEST FOR CITY COUNCIL AGENDA ITEM
AGENDA DATE REQUESTED September 11. 1989
REQUESTED BY Jeff Litchfield
DEPARTMENT Finance
REPORT
x
RESOLUTION
ORDINANCE
EXHIBITS:
SUMMARY AND RECOMMENDATION
During the Budget Process, City Staff presented the Council with facts that
indicated the Emergency Medical Services Division would be more properly
accounted for as a General Fund Type instead of an Enterprise Fund Type.
Staff prepared the Fiscal Year 1989-90 budget with the Emergency Medical Services
Division being incorporated into the General Fund.
ACTION REQUIRED BY COUNCIL: Adopt Resolution
AVAILABILITY OF FUNDS:
GENERAL FUND
UTI LI TY FUND
OTHER
ACCOUNT NUMBER:
FUNDS AVAILABLE:
YES
NO
APPROVED FOR CITY COUNCIL AGENDA
G(~
ROBERT T HERRERA
CITY MANAGER
q- ~-g~
DATE
. .
.
e
CONSIDER RESOLUTION ADOPTING 1989 APPRAISAL ROLL (Res. 89-11) -
J. Litchfield
Motion by
Second by
VOTE:
~l;'S_.J
Cooper
Matuszak
McLaughlin
tJ~
Gay
Skelton
Clarke
Malone
Motion carried
~
FOR
~ Defeated
AGAINST
Tabled
ABSTAIN
\ '
.
~1flHd: - ~~~
~~ - <;1-/.3
e
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.
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,
Easterling 8? Easterling. P .C.
Attorneys at Law
1018 Preston - 6th Floor
Houston, Texas 77002
C. David Easterling
Danny K, Easterling
Of Counsel
(713) 228-4441
Charles A. Easterling
September 11, 1989
Hon. Mayor Norman Malone
and City Councilman of
the City of LaPorte, Texas
City Hall
604 West Fairmont Parkway
La Porte, TX 77
Ladies and Gentlemen:
Our clients, SOUTHERN IONICS, INC. and HOUSTON CHEMICAL
SERVICES, INC. have notice of your City Ordinance No. 1641 and
No. 1642 declaring your intention to institute proceedings to
annex the 60.794 acres of land owned by SOUTHERN IONICS, INC.,
and your posted notice of the agenda of the City Council meeting
scheduled for September 11, 1989, at which time you intend to
give notice of the termination of the Industrial District Agreement
("the Contract") between the City of La Porte and SOUTHERN IONICS,
INC.
A review of the correspondence, facts, relevant ordinances,
contract documents, taxes on annexed portion of land, and in lieu
of tax statements reveals numerous misrepresentations on your
part that expose the city to substantial liability. This letter
is being sent pursuant to the Texas Deceptive Trade Practices and
Consumer Protection Act, Texas Business and Commerce Code, Chapter
17 (the "Act").
On the 25th day of August, 1986, Ordinance Number 1508 was
passed and approved by the City of La Porte, authorizing the
Contract with SOUTHERN IONICS, INC. for a period commencing
January 1, 1987 and ending December 31, 1993. Among other provi-
sions, this Contract guaranteed that the 60.974 acres of land
would be immune from annexation by the City for the seven (7)
year period. SOUTHERN IONICS, INC. has paid all of the taxes on
annexed portion of land and payments In Lieu of Taxes to the City
of La Porte since January 1, 1987 to present date, and commenced
operation of the plant site.
In reliance upon representations made by the Contract,
Ordinance No. 1508, and by officials, employees, and agents of
the City of La Porte, Texas, SOUTHERN IONICS, INC. expended
large sums of money to remodel and reconstruct improvements, and
HCS(2)/1
.
e
u
Hon. Mayor Norman Malone
and City Councilman of
the City of LaPorte, Texas
September 11, 1989
Page Two
commenced the manufacturing of sodium aluminate and aluminum
sulfate. Also, in reliance of these representations, Ordinance
1508 and the Contract, SOUTHERN IONICS, INC. has entered into
"take or pay" contracts with The City of Houston for water,
Coastal Industrial Water Authority for water, and Gulf Coast
Waste Disposal Authority for plant effulent treatment and discharge.
Also, in reliance of these representations, Ordinance 1508
and the Contract, SOUTHERN IONICS, INC. has entered into an option
contract to sell approximately 30 acres of the land to HOUSTON
CHEMICAL SERVICS, INC.
Additionally, in reliance upon these representations, Ordi-
nance 1508 and the Contract, HOUSTON CHEMICAL SERVICES, INC. has
made application to the Texas Water Commission for a permit to
operate a hazardous waste incinerator under the provi.sions of the
Texas Solid Waste Disposal Act and the Environmental Protection
Act of the United States of America.
The specific complaints arising under the Act are:
1. Representing that an agreement confers or involves
rights, remedies, or obligations which it does not
have or involve, or which are prohibited by law.
2. Failure to disclose information concerning goods or
services which were known at the time of the trans-
action, such failure to disclose being intended to
induce SOUTHERN IONICS, INC. into a transaction
which it would not have entered had the informa-
tion been disclosed.
3. The use and employment by the City of false, mis-
leading, or deceptive acts or practices of entering
into Industrial District Agreements with other
companies whose land was situated in the same survey
as was SOUTHERN IONIC, INC's land, which led SOUTHERN
IONICS, INC. to believe that they were within the same
Industrial District.
4. Engaging in an unconscionable course of conduct
in entering into the Contract with SOUTHERN IONICS,
INC. regarding the 60.794 acres of land, and subsequent
unconscionable conduct that resulted in the attempted
termination of this Contract with SOUTHERN IONICS, INC.
-
e
Hon. Mayor Norman Malone
and City Councilman of
the City of LaPorte, Texas
September 11, 1989
Page Three
The acts and conducts of the City complained of are as
follows:
1. In attempting to annex the lands of SOUTHERN
IONICS, INC. without any prior notice or
warning that a deficiency existed in the
Contract which would tend to cause it to be
invalid.
2. In disregarding SOUTHERN IONICS, INC.'s written
and oral notice at the public hearing on the
annexation proceedings at City Hall on May
22, 1989 that a valid Contract had been in
existence since the enactment of Ordinance 1508
on August 26, 1986.
3. In disregarding the Court's injunction of
June 30, 1989 enjoining the City from taking any
action to annex the land of SOUTHERN IONICS, INC.
4. In misrepresenting to us and the Court that all
contractual documents had not been submitted to
the City as required by the Contract.
5. In remaining silent for three years as to any
alleged defects in the Contract which would tend
to make it invalid, while SOUTHERN IONICS, INC.
was expending some $1,150,000.00 on improvements
to its plant facilities in order to meet its
contractual obligations of production.
6. In remaining silent for three (3) years while
billing for and accepting ad valorem taxes and
payments "in lieu" of taxes representing that
a portion of the 60.972 acres of land had been
annexed.
7. In remaining silent for three (3) years
without giving any notice or warning that a
deficiency existed in the Contract which would
subject it to cancellation and annexation by the
City of La Porte.
8. In refusing to give equal and fair treatment
to SOUTHERN IONICS, INC. as it did to other
companies in a like situation.
.
e
· Hon. Mayor Norman Malone
and City Councilman of
the City of LaPorte, Texas
September 11, 1989
Page Four
9. In refusing to give equal protection to SOUTHERN
IONICS, INC. as it did to other companies in a like
situation as required by the United States Consti-
tution and the Constitution of Texas.
As a result of the City of La Porte's misleading, false, and
deceptive omissions and representations, our clients have been
sustained actual damages of TWO MILLION FOUR HUNDRED FIFTY THOUSAND
AND NO/100 <$2,450,000.00) DOLLARS to-date. These actions are
also unconscionable and may amount to common law fraud, since
SOUTHERN IONICS, INC. was fraudulently induced to move onto the
premises and to improve the premises based upon the representations
made by the City of La Porte, Texas to SOUTHERN IONICS, INC. My
clients will be further damaged if the contract cancellation and
annexation proceedings are not withdrawn and my clients are
allowed to continue their operations pursuant to the terms of the
Contract. SOUTHERN IONICS, INC. and HOUSTON CHEMICAL SERVICES,
INC. have also incurred reasonable attorney's fees of THIRTY
THOUSAND AND NO/100 <$30,000.00) DOLLARS as of the date of this
letter.
If the amount claimed above as actual damages and attorney's
fees are not tendered within thirty (30) days and the annexation
proceedings and termination of the Contract are withdrawn, suit
will be brought pursuant to the Act seeking all damages and
remedies available under the Act and elsewhere.
Yours very truly,
BY:
DH
BY HAND DELIVERY
,
.
.
CONSIDER APPROVAL OF NOTICE TO SOUTHERN IONICS, INC., OF
TERMINATION OF INDUSTRIAL DISTRICT AGREEMENT - K. Askins
Motion by
Second by
~
VOTE:
CWate~
Cooper
Matuszak
McLaughlin
&~ I I
@V-~
Skelton
Clarke
Malone
FOR
AGAINST
ABSTAIN
~.
Motion carried
V"" Defeated
Tabled
e e
/7
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REQUEST FOR CITY COUNCIL AGENDA ITEM
-----------------------------------------------------------------
Agenda Date Requested: Se
Requested By:
Janie Bais
11 1989
Department: Administration
xx
Report
Resolution
Ordinance
Exhibits:
1. Prime Cable correspondence-May 19, 1989, Mr. Richard A.
Rinaldo, General Manager
2. Interdepartmental Memo-August 30, 1989, Janie Bais,
Assistant to City Manager
-----------------------------------------------------------------
SUKKARY , RECOMMENDATION
Mr. Richard A. Rinaldo, the General Manager for Prime Cable, would
like to request that the La Porte City Council consider a "Letter
of Waiver" for Ordinance 1175, Section 13, Item 0, Grantee's
Office. Although the approval of this request will close La Porte's
customer cable service office, it will not amend the City's
franchise agreement with Prime Cable. As such, in the event this
waiver becomes burdensome to the city Council, the local cable
service office will be re-opened.
According to Mr. Rinaldo, due to the low usage of the La Porte
Cable service office by subscribers, the maintenance cost
associated with the office are not cost effective. However, Prime
Cable is interested in serving its subscribers, and in place of the
local cable office, would like to place a local pay station. The
local pay station will allow subscribers to pay their monthly
service bills locally. Additionally, by closing the local cable
office, Prime Cable will transfer existing staff to their central
office located in the City of Pasadena. This action will allow the
automation of customer service files, and will provide direct
access to other departmental services (i.e. installation of new
cable programs, repairs, etc.). Upon approval of this request,
Prime Cable will notify its subscribers within thirty days in
advance of the office closing, of the closing of the local office
and inform them of the location of the City's local pay station.
Action Required by Council:
1. Consider approving Prime Cable's request for a "Letter of
Waiver" for Ordinance 1175, Section 13, Item 0, Grantee's
office.
2. Prior to approving Prime Cable's "Letter of Waiver", consider
obtaining pUblic input on this request.
3. Consider denying Prime Cable's request for a "Letter of
Waiver" .
-----------------------------------------------------------------
Availability of Funds:
N/A
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
Funds Available:___Yes ___No
-----------------------------------------------------------------
~City Council Agenda
Robert T. Herrera
~....'\-~
Date
PRIME!
CaBLE!
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5"01;;2-'17
~t.&~;?Xf~..9LrrCE ~
'-.-
Ma.y 19, 1989
Mr. Bob Herrer8_
City Manager
P.O. Box 1115
La Porte, T~xBs 77572-1115
Dear Mr. Herrera:
Approximately 7.4% of the subscriber of Prime Cable utilize the office in the
LaForte area in any given month. That percentage represents 306 people that
walk in to the office for B_ny given reason throughout the month (approximately
13 people per day). Of the wlLlk-in traffic 96% utilize the LaForte office for
paying bills. The remaining 4% use the office for box changeouts or to report
service problems. As you can see, this office is idle most of the time. Taking
into consideration the cost to maintain and operate the office makes this a
non-viable operation.
Prime Csble requests that, given these facts, it be granted a "I.etter of Waiver"
for Section 13, item 0, Grantee's Office, in the franchise agreement that require
an office in the franchise area. We are, however, not seeking a franchise
chBnge. The reason we are not seeking a franchise change is that in the event
that this waiver becomes burdensome to City Council, Prime Cable will reopen
the office in LaPorte.
In replacement of the LaPorte office, Prime Cable will notify all subscribers,
thirty (30) days in advance of the office closing and apprise them of a psy
ststion, located in LaPorte, fer the payment of monthly service. Please let me
know your thoughts on this matter. I will be happy to discuss it with you at
length upon your request. Thank you in advance for your attention to this
matter.
Sincerely,
~4.~
Richard A. Rinaldo
Ceneral Manag"er
RAR:mrn
3333 Watters Road · Pasadena, Texas 77504 · (713) 947-7565
.'
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CITY OF LA PORTE
INTERDEPARTMENTAL MEMORANDUM
August 30, 1989
FROM:
Robert T. Herrera, City Manager ;~
Janie Bais, Assistant to City Manager ~y
Prime Cable Re: "Letter of Waiver" - Ordinance 1175
section 13, Item 0, Grantee's Office.
TO:
SUBJECT:
Referencing correspondence dated May 19, 1989 from Mr. Richard A.
RinaldO, General Manager for Prime Cable, this memorandum addresses
his request that the City approve a "Letter of Waiver" for
Ordinance 1175, Section 13, Item 0, Grantee's Office. Approval of
this request, will result in the closing of the City's local cable
service office.
Backqround
According to Mr. RinaldO, approximately 7.4% of the their La Porte
subscribers utilize the Prime Cable office located in La Porte.
This percentage represents 306 monthly customer walk-ins or
approximately 13 customers per day. Of the walk-in traffic, 96%
utilize the La Porte Office for paying bills, while the remaining
4% use the office for box changeouts or to report service problems.
Given these factors, Mr. Rinaldo considers the office a non-viable
operation, and requests that the City approve a "Letter of Waiver"
which would allow Prime Cable to close the La Porte cable office.
In reviewing Mr. Rinaldo's request, the following documents were
examined:
City of La Porte Cable Ordinances 1175 and 1176,
Cable Communications Policy Act of 1984,
"The Cable Communications Policy Act of 1984:
A Balancing Act On The Coaxial Wires",
by Michael I. Meyerson, and
"An Overview of Cable Television for the
Municipal Official", by Gary R. Matz.
Findings
After reviewing the documents above and discussing this request
with Mr. RinaldO, it was determined that, since Prime Cable is
,-
. .
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Prime Cable Memorandum
August 30, 1989
Page 2.
asking for a "Letter of Waiver", and not an amendment to the City's
Franchise Agreement, the City of La Porte can, if approved by the
city council, pass a "Letter of Waiver" that would close the La
Porte cable service office. Mr. Rinaldo explained that the primary
reason for not amending the franchise agreement, is that, in the
event the waiver becomes burdensome to city Council, Prime Cable
would reopen the 'La Porte cable service office. However, had Prime
Cable requested for an amendment to their franchise agreement, they
would have to abide ,by the procedures identified under Section 625
of the Cable Communications Policy Act of 1984.
Mr. Rinaldo, also stated that the closing of the La Porte cable
office would not affect the customer service level provided by
Prime Cable. If the "Letter of Waiver" is approved, Prime Cable
will ensure quality customer services by:
1. EstablishinQ a local pay station for residents to Dav
their bills. The pay station would be placed at a
location such as Kroger's supermarket, the Chamber of
Commerce Office, etc.
2. AutomatinQ customer service files. Presently, the
La Porte office records are maintained manually, by
moving to the La Porte cable service office to their
central office located at 3333 Watters in Pasadena,
the customer records will be automated. File
automation will allow for fast and accurate service
to La Porte customers. Additionally, since all
departmental services are centrally located in
Pasadena, customers will have immediate access to the
service department.
Again, Mr. Rinaldo stressed, that in the event the city of La Porte
received numerous citizen complaints regarding customer services,
Prime Cable will reinstate the local cable service office.
Financial Impact
Table I identifies Prime Cable's monthly operational expenses for
the La Porte cable service office, before and after the "Letter of
Wavier" is approved.
,
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Prime Cable Memorandum
August 30, 1989
Page 3.
La Porte Cable Service Office
Average Monthlv Expenses
COSTS AFTER
* $ 150.00
-0-
-0-
-0-
-0-
-0-
1,372.00
-0-
ITEM
COSTS NOW
Office Rent
Office Maintenance
utility
Office Insurance & Taxes
Office Supplies
Phone
Salary
Mileage
$ 790.00
70.00
35.00
76.25
20.00
70.00
1,372.00
125.00
TOTAL:
$2,559.05
$1,522.80
* (NOTE: This expense represents the estimated monthly cost for the
La Porte local customer pay station.)
As shown above, Table I indicates that as a result of the closing
of the cable customer service office, Prime Cable can receive a
monthly net savings of $1,036.25 in operational costs. within a
year, their operational savings are estimated at $12,435.
Although these savings will not reduce a customer's monthly service
rate, Mr. Rinaldo stated that "this type of savings and other
measures that will be taken, as in any business, will, of course,
help us to control our expenses, and helps to control our costs to
the subscriber. Though these measures may not reduce rates, any
prudent control of expenses now helps to stave off future rate
increases."
Recommendation
Based on the findings noted on this memorandum, it is recommended
that Prime Cable's request for a "Letter of Waiver," be submitted
to the City Council for consideration, and that staff recommend
its approval. However, to ensure that the City's rights are
secured, I strongly recommend that the City Attorney review and
approve the language on the "Letter of Waiver." A meeting to
discuss this memo further is requested.
JB
CC: John Joerns, Assistant city Manager
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CONSIDER REQUEST OF PRIME CABLE TV FOR LETTER OF WAIVER TO ALLOW
CLOSING OF LA PORTE OFFICE - J. Bais
Motion by
Second by
VOTE:
FOR
AGAINST
ABSTAIN
Waters
Cooper
Matuszak
McLaughlin
Gay
Skelton
Clarke
Malone
Motion carried
Defeated
Tabled
e
e
\..//J / '"
li-vLA-'-<-do
CONSIDER REQUEST OF PRIME CABLE TV FOR LETTER OF WAIVER TO ALLOW
CLOSING OF LA PORTE OFFICE - J. Bais
Motion by
Second by
~l~
9, e-rt-"'~/
VOTE:
~
~
Matuszak
McLaughlin
f~
Gay
Skelton
Clarke
Malone
FOR
AGAINST
ABSTAIN
Motion carried
Lefeated
Tabled
e e
Ii
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e
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
September 11. 1989
Requested By:
Robert T. Herrera
Department: Administration
xx
Report
Resolution
Ordinance
Exhibits:
1. "D.A.R.E.-Ending Drug Abuse is Elementary",Texas Attorney
General Jim Mattox
2. History Sheet-Drug Abuse Resistance Education
3. DARE Lessons
SUKKARY & RECOMMENDATION
The Drug Abuse Resistance Education (DARE) Project is designed to
focus on peer resistance training, self concept improvement, and
value decisions concerning respect for the law and personal safety.
Developed in 1983 in Los Angeles, DARE is a cooperative effort
between law enforcement agencies and school districts to provide
education to fifth grade students. Prior to entering the classroom,
all officers participate in an eighty hour training course which
includes curriculum on teaching techniques as well as elementary
school operations, preparation of visual aids, officer-school
relationships, development of self-esteem, peer pressure resistance
techniques, narcotic recognition, communication skills, child
development and classroom evaluations.
The abuse of drugs and alcohol is a national and societal problem.
Because illegal drug use is beginning at an earlier age, elementary
school children need to be educated in effectively resisting
negative peer pressure. To accomplish this, the La Porte
Independent School District and the City of La Porte Police
Department agree to cooperate in presenting the Project DARE
curriculum as one component of this community's strategy to prevent
substance use among students.
It is strongly recommended that the City of La Porte in conjunction
with the La Porte Independent School District endorse Project DARE.
Approval of this project will ultimatelly benefit the children and
adults of the La Porte community.
Action Required by Council:
Approval of Project DARE is requested.
Availability of Funds:
N/A
General Fund
capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
Funds Available:___Yes ___No
A~~d for City Council Agenda
Robert T. Herrera
q-~~.
Date
e
D.A.R.E.
Ending Drug Abuse is Elementary
Texas Attorney General Jim Mattox
e
The united States has now become the most dangerous society on earth. On the
average, one American is murdered every twenty-five minutes, raped every seven
minuteS, robbed every fIfty-nine seconds, assaulted every forty-nine seconds, bur-
. g1ariZed every nine seconds. More than one third of our nation's families have been
touched in some serious way by violent crime. . ;
; In the past fIft~n ye3I'S, our attempts to deal with this terror h1lVe mostly failed,
'leaving us with both tie world's, highest rate of inCll"Ceration and its highest rate of
criminal violence.
Here in Texas, we know that therising incidence of vi oleni crime is closely linked
to the problems of alcohol and drug abuse. According to a 1986 study by the Texas
Commission on Alcohol and Drug Abuse, sixty percent of all violent offenses involve
.alcohol and six percent are committed by drug abusers. The same report determined
that forty percent of all property offenses are alcohol-related, with an additional
twelve percent attributed"to drug abuse. And many urban JXJli~e departments further
estimate that at least ninety percent of all reported burglaries and robberies C2l1 be
directly tied to alcq,hol and drug abuse.
. Cle3rly, the time has come to rethink our approach to reducing violent crime. I
believe that one of the most effective me2.Sures we can take is to tackle the problem
of alcohol and drug abuse and make it socially unacceptable. But because this goal
of prevention requires an attitudinal change, the traditio~al approach of teaching
subst.anc~ ~dentification and emphasizing the dangers of abuse is simply not enough.
\Vliat is needed instead is a creative program that addresses value decisions, self.
esteem, respect for the law, and methods of resisting peer pressure. .And the pro gram
must begin with our children - before they bemme involved with those substances.
That is' precisely wliat Project DARE, or Drug Abu~ Resistance Education, is
designed to do. DeveloPed four years ago in Los Angeles, DARE is a cooperative
effort between law enforcement agencies and school districts to provide comprehen-
sive education to fIfth-grade students. DARE programs are currently being tested in
'seven Texas cities--Austin, Bedford, College Station, EuIess, Houston, Hurst, and San
Angelo-and initial reports indicate that the..results are even better than expected. ,
The concept is simple~ As part of their reguIai school-day curriculum, students are
taught special skills to help them stand up to the temptations of alcohol and drugs. The
flISt of the seventeen lessons give~ e3ch semester acquaints students with the role of
the police and teaches them specific safety practices. In subsequent lessons, the
children learn to resist peer pressure, manage stress, make positive decisions, fmd
Bec3use the sophistication level of fIfth-graders regarding substance abuse is often
: mo~ advanced than that of classroom teachers, all DARE instructors are uniformed
po~ce officers, sel~~ on the bas~s of patrol experience and a sincere interest in
~hildren. The credibilIty the officers provide by te3ching their classes in uniform is
a key element missing from other programs. .
e
e
Participating officers are given a rigorous eighty-hour training course during which
they learn counseling strategies, classroom management, and teaching techniques
prepared by school district personnel. Each officer is then assigned to five elementary
schools, reporting to a different campus every day of the week. Tney teach the basic
DARE lessons to their fifth-grade smdents, spending the remainder of the school day
with the kindergarten through fourth grades. In this way, it is possible for one officer
to present weekly programs at five different schools during a semester year while
giving younger students a taste of what to expect when they enter the fifth grade.
. .
Inservice training guarantees that the instructors' skills remain sharp. They hold bi-
weekly meetings to discuss and solve classroom problems, and attend annual week-
long seminars to refresh their training and refme the curriculum. And their work
extends beyond the classroom, as well. Recess is spent on the playground with the
,students, helping them get to know the officers as friends. Time is also set aside to
discuss the concerns of principals and teachers. And, for parents, an evening session
provides infonnation on symptoms of drug use, ways to improve family communica-
tion, and counseling resources.
The program is funded through a variety of methods: direct appropriations from
local government, a combination of state and federal law enforcement grants,
corporate support, and private donations. The major costs include transportation,
room, and board for the two-week training course in Los Angele.s. The promotional
materials needed.: student workbooks, visual aids, and infonnational paffiphlets for
p~nts - may take the fonn of in-kind contributions from private citizens or ad
agencies and other businesses eager to help fight alcohol and drug abuse in their
communities.
The pain i is this: Itshould be obvious by now that there will never be enough money
or police officers to .stQP tbe flow of drugs coming ~to the country, the availability of
alcohol, or.the growing qirne rates trlat inevitably follow. The only way to begin
repairing our social fabric is by'educating future generations. Project DARE is a
preventive program based on the premise that if we reduce the demand side, the supply
side will eventually diminish. .'
I believe that DARE programs should.be present in every school system in Texas.
We can talk as long as we like a~ut stricter laws or longer sentences for offenders.
We can say that the strong cooperation between local schools and local law enforce-
ment required to make such programs successful is an insunnountable obstacle. And
we can warn that D.-\FE represents a major investment we can ill afford in these tough
financial times. But until attitudes change - until the abuse of alcohol and drugs is
made socially unacceptable to our child,ren, the price Texas communities pay each
year to confme prisoners, replace stolen property, and heal ruined lives will be far'
greater.
Texas Study of Secondary Education
Journal 042 Spring 1988
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DRUG ABUSE RESISTANCE EDUCATION
(DARE)
In'~January 1983, Chief of Police Daryl F. Gates of the Los Angeles Police Department (LAPD) ap-
roaChed Dr. Harry Handler, Superintendent of the Los Angeles Unified School District (LAUSD),
,a.rid:,!!:xpressed his concern r~garding the current drug problems facing soci~ty. As a result of this
'meeting, 'a ,task force compnsed of, LAPD and-,LAUSD, personneLwas appomted to develop a drug
'8buse, prevention program to be presented to ele!l1entary school children.
. . : . '. . '.- ~'. .. . .
~biiring the. development ,of, the curriculum,numerousdrug abuse education programs were examined.
J~1Ws ~gr~([JJ)'at a pr~ention prograf!l'was b~t suited for the targeted ag~ group;. ~xisting prevention
m9j:f~ls'_:~I,c~':'~ealt wlth- peer.pr~ure. ~ech'1IClues;' self-manageme~t skills (deciSion making, values,
:clanf,catlon,~and, problemso,lvmg),'posltlve lifestyles, and alternatives to drug use, appeared to be
i~p~,ieiicirig. tnEr hi~heSt~ degree~of;i~ccess:.!;"tAs,~'a'.:result;" o!this'study.. a: coop.erative' LAPD/LAUSD
~~'Y-g.tabuse~ Rreventlon', program';.entltledrDrug :,Abuset,Res!stance; Edu~,tlon' (DAR E) was developed,
~or.l'presentatlot:\:.to 5th and 6th grade students. The curnculum of thiS program focuses on peer ra-
~g~~m~~~~}e1.f,"",,~~P!j rn.~,~,,!,,~en.!1~a4'!lval us . decisions concernmgrespect. for the law and
~f~~~~t~~~~bu~Pf~~e~~~~~~~'~'i,~'g~~'r~~~b~~~~b1;:~ ~1gr ~~S.~~;l~'~~~C~aC;::~c;;;, a;;~~~'
lneroffjcers~ participated<in~an'..eightY-hot.ic training' course which included curriculum on teaching
i!esti.i,liqu~.as' well as elem~ntary school operations! preparation. of visual aid~; officer~~hool relatiol'!-
~111I?s.ij9eye'op~en.t~:,oj( se!.f;esteem/ pee,r\ pressur~;Jesls.t~!:lc~_~~chl)lqu~,. :~arCotIC, ,recogl)ltIOI), communl-
~~t.orLskl"s,.chlld"develppmem,a.l1d .classro.om,e..,aluatlons.,'. . . ...'. '. ..',: ,,',
rgactfo.!f~cer::Was.;~'ssi~n;~~' ~6 nve ~Ieme~t~ry schOOlS ana fepo~edto. a, sepa.r~te ?mpus eaCh' day of the'
school'week! I. By'malntammga\5~ltratloof schools"per- mstructor;,.t was pOSSible for;' the ten officers
'fo7presEmtweekl'liiroj;framsarfifty'schools during the~1983/84 school year.: '.',.
__0_" _ '_',; _._,_ ..._ _. .
Wn::~D!presen,tirig1'the~~c(jiTicu lu r:a'l to) tn~' ot!1 ~'~fJaC.ottlrgra!J~;';' tnei oTncers:',Jaugn~-. frl?~',speCi.(f~; fesson
~'1ii.~~p'[~gar.edJ?Y:;J::A~~q,..c::~rr!c!J!l!,f)l'.sP,~!~Jlst~'EJ~;Cjd~.1~ll?~<~,O thes~ presentations, the officers. were,
also; respons/ole, for: coordmatmg an aobrevlated program ,to students In grades K-4 and for workmg m,
:C6Dqr;t;;witht,,~~"~.1)901~P!inCiPal~-,,~y?; provi.de~drug'_a9.l!s..~_tr~jninQ .to the r~pective par~nt~g~ou~~..
!Based;l~n rti1e'Jfi~~year's.' experiehce"ano ~the suggesticfns"oT' an'~mdeperident~ eValuator' from' theEv~iu-
~1li:>Q. ~riqlr!jnil)~ !l1st!tiJ!e,''JIc?_difi~t.i~ns~er~rJ:lade in DAR E prior to th.e start of the1984/~5 ~chool
~year~;r;.Tliese-mo(:1Iflcatlons'dld : not: change'the contentorithe'Jocus of. the program,but:were,lnstltuted
J~'~:':OaKe.:DAR E~rriore;w()rkablejand~ef.fectiye;~A pil,otpfograrT!~a~JI),e ju~io~ hJgh .I.evel was in!tiated in
!!b,~_d19,84l~5;school year/and"ac~llpen~ed .one-Day DA~E Pr?9r~m,was'"!a.de..av~JI~bl~ ~() P.t1yctte. and
:pubhc'elementary:schools not partIcipating. In the full program.,'" - ..,.',', .. ..-' ":<
~ ~-~-"";-:'_..;~...~:-:;~...:.:;...' ,:." _" .... .,..... '."_.~.". .".. _.. ',C'" ~. ,.r . ,..... ... _____. _.~_:::.
~'~~s,lf~~eij:a,~{fl!ture,. ()f(,tJ:lis' pr~g:.~r:n~~iJ I.~epen~ J10t,. ~nly' ()Q:,~he"curric~rl.Jry,"'-pre~eritation/15ut also
:on';.the-'abJlIty. 'of' the 'concerned' Citizens' and' buslnesses~ of-- Los' Anaeles to financially support drug
;prever:itiof\education.< In a time of fiscal austerity for municipal governments, it becomes necessary for
,t,ne Police Departmen(and ,the: School" District to look to the, community. and private' sector: for this
,type. of support: ,.,.. , . ,
DARE' waS'selected as the recipient of a State Grant for the suppression of drug use in schools. These
funds were used to add four additional officers to the program in 1984/85. If continual funding can be
obtained,' the DAR E Program will continue to expand until it is part of the regular curriculum for every
elementary school child within the City of Los Angeles. This planned expansion calls for an increase
from the ten officers originally assigned to the pilot program to approximately fifty-three insiruCtors
needed for full implementation in all elementary and junior high schools, By June 1986, DARE will
have impacted 276 of the 360 elementary schools and 16 of the 65 junior high schools in the City.
The costs of combating adolescent drug abuse are high, but the bene.fit to society is a sound investment.
We must acknowledge that the welfare of our society rests upon the abilitY of our children to cope with
the responsibilities and stresses which they will inherit as our future leaders and workers.
Since its inception, DARE has served as a model program for agencies throughout the country. In order
to assist other communities in developing programs to meet their n~ds, DAR E has developed a biannu-
al training class for other agencies. Interest in this training has been widespread. Additional informa-
tion is available through the DARE Program office.
The Los Angeles Police Department and the Los Angeles Unified School District have undertaken an
innovative and bold step in society's battle to deal with drug abuse. With the continued expansion and
success of the DARE Program, this generation and future generations should see a healthier society
grow and flourish.
Appendix ~
DARE Lessons
The DARE curriculum is organized into seventeen
classroom sessions conducted by the police officer.
coupled with suggested activities taught by the regular
classroom teaCher. A wide range of teaching activities
are used~question-and-answer. group discussion.
role-play;; and'\,,'Orkbook exercises, all designed to
encour<l&e student participation and response.
The following brIef summaries of each lesson capture
the scope of the DARE curriculum and show the care
taken in its preparation. All of these lessons were
pilot tested and revised before widespread use began.
1. Practices fo,.' Personal Safety. The DARE officer
reviews common safety practices to protect students
, from harm at home;' on the way to and from school.
and in the neighborhood.
2. Drug'Use andMisuse~ Students learn the harmful
effects- ofdrogs if they are misused as depicted in
the film, Drugs arnLYour Amazing Mind.
3. Consequences. The focus is on the consequences
of using and not using alcohol and marijuana. If
:,students are aware of those consequences. they can
make betterJnformed decisions. regarding their
OWIl, behavior.
4. Resist!ng,PressUns_~.Use Drugs. The DARE
officer explains different types of pressure-ranging
from friendly persuasion and teasing to threats-
. that friends and others can exert on students to
try tobacco. alcohol, or drugs.
5. Resistance Techniques: '*rys to Say No. Students
rehearse the many ways of refusing offers to try
tobacco. alcohol. or drugs-simply saying no and
repeating it as often as necessary; changing the
subject; walking away or ignoring the person.
They learn that they can avoid situations in which
they might be subjected to such pressures and
can "hang around" with non-users.
6. Building Self-Esteem. Poor self-esteem is one of
the factors associated with drug misuse. How
students feel about themselves results from positive
and negative feelings and experiences. In this
session students learn about their own positive
qualities and how to compliment other students.
7. Assertiveness: A Response Style. Students have
certain rights-to be themselves, to say what they
e
think. to say no to offers of drugs. The session
teaches Ithem to assert those rights confidently
and without interfering with others' rights.
8. Managing Stress Without Taking Drugs. Students
learn to recognize sources of stress in their lives
and techniques for avoiding 'or relieving stress.
including exercise. deep breathing, and tallcing to
others. They learn that ilsing drugs or alcohol to
relieve stress causes new problems.
9. Media Influences on Drug Use. The DARE
officer reviews strategies used in the media to
encourage tobacco and alcohol use, including
testimonials from celebrities and social' pressure.
10. Decision-Making and Risk-Taking. Students learn the
difference between bad risks and responsible risks.
how to recognize the choices they have. and how to
make a decision that promotes their self-interests.
'-. .: - -~ -. ,
ll~' Alternatives -to Drug AbUse; StUdents learn that to
haVe fun, to'be accepted by peerS. or to de3.1 with
feelings of anger or hurt.' there are a'number of
alternatives to Using drUgS 'and alcohol.
12~ Role,Modeling"~A high school student selected
by the DARE officer visits the class. providing
students with a positive role model. Students learn
that drug users are in the minority.
13. Forming a Support System. Students learn that
they neeo to develop positive relationships with
many different people to form a support system.
14. Hays tD Deal wah Pnssures from Gangs.
Students discuss the kinds of pressures they may
encounter from gang members and evaluate the
consequences of the choices available to them.
15. Project ll4.RE Summary. Students summarize
and assess what they have learned.
16. Taking a Stand. Students compose and read aloud
essays on how they can respond when they are
pressured to use drugs and alcohol. The essay
represents each student's "DARE pledge."
17. Culmination. In a school wide assembly planned in
concert with school administrators. all students
who have participated in Project DARE receive
certificates of achievement.
" . .
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CONSIDER APPROVING DRUG ABUSE RESISTANCE EDUCATION (D.A.R.E.)
PROJECT - R. Herrera
Motion by
Second by
VOTE:
Waters
Cooper
Matuszak
McLaughlin
Gay
Skelton
Clarke
Malone
Motion carried
FOR
Defeated
AGAINST
Tabled
ABSTAIN
e e
/7
11
R~EST FOR CITY COUNCIL AGE~ ITEM
..----.......---...--.........--....-..-....-------...........--..........-..-....-......-.....-...........-.........-.-............-...---.....----..-.
XX Report
1989
Agenda Date Requested:
Requested By: steve Gillett
Department:
Public Works
Resolution
Ordinance
Exhibits: 1.
Recommendation memo.
......--..--...-...-.--.--..-..-.---....----.................................-..-...-....................-.-...-..-...---..........---..--..
SUMMARY & RECOMMENDATION
Solid Waste garbage truck, vehicle 172-04, is in need of emergency
repairs. A blown head gasket resUlted in the seizure of two (2) pistons
and severe overheating.
Mustang Power Products has estimated the cost of a complete engine
overhaul at Four Thousand Five Hundred Dollars ($4,500.00). This price
includes a twenty-four (24) month, one hundred fifty thousand (150,000)
mile, or three thousand nine hundred (3,900) hour complete warranty.
This vehicle is not scheduled for replacement or for rotation to
stand-by status for two (2) to three (3) years. It must be used daily and
the chances of engine failure from the overheating experienced when the
pistons seized makes it necessary to do a complete overhaul instead of only
the repairs needed to get the engine running.
Due to the critical vehicle situation in Solid Waste, Staff recommends
authorizing an emergency engine overhaul to be done by Mustang Power
Products in an amount not to exceed Four Thousand Five Hundred Dollars
($4,500.00).
Action Required by Council:
Authorize Mustang Power Products to perform an emergency engine overhaul to
vehicle 172-04 in an amount not to exceed Four Thousand Five Hundred
Dollars ($4,500.00).
----.---..---....--....--
Availability of Funds:
General Fund
Capital Improvement
Other Vehicle Maintenance
Water/Wastewater
General Revenue Sharing
xx
Account Number:
024-700-704-421
Funds Available: ____yES
NO
Approved for Citv Council Aqenda
QM~
Robert T. Herrera
City Manager
q - (p -~~
DATE
~
.
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CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
TO:
Robert T. H~~re,~";j ~ Manager
Steve Gi ll~ fiJll,)edf.or of Publ ic Works
September 5, 1989
FROM:
DATE:
SUBJECT: Emergency Engine Overhaul for Vehicle #72-04
The engine on Solid Waste
in need of emergency repairs.
the seizure of two (2) pistons
overheating.
garbage truck, vehicle #72-04, is
A blown head gasket resulted in
and the engine severely
Heat from the piston seizure may have weakened some of the
internal parts of the engine. The chances of future failure of
these weakened parts makes it necessary to do a complete engine
overhaul instead of making only the repairs needed to get the
engine running.
Mustang Power Products has estimated a price of Four
Thousand Five Hundred Dollars ($4,500.00) to perform a complete
overhaul of the engine. This price includes a twenty-four (24)
month, one hundred fifty thousand (150,000) mile, or three
thousand nine hundred (3,900) hour warranty on the engine,
including all parts and labor. The price estimated is comparable
to past engine overhauls and the warranty exceeds those received
on overhauls in the past.
This vehicle is a 1985 model that is not scheduled for
replacement or for rotation to stand-by status. It must be used
daily for garbage pick-up for the next two (2) to three (3)
years. For this reason, we feel a complete engine overhaul is
needed to forestall future down-time from engine problems.
Due to the critical vehicle condition in Solid Waste, we
recommend an emergency engine overhaul by Mustang Power Products
be authorized in an amount not to exceed Four Thousand Five
Hundred Dollars ($4,500.00). We plan to take this repair to
Council on the September 11, 1989 regular meeting.
SG:ke
xc: John Joerns, Assistant City Manager
Bill Fitzsimmons, Solid Waste Superintendent
Dick Root, Equipment Services Superintendent
. ,
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CONSIDER DECLARING EMERGENCY AND AUTHORIZE REPAIRS TO GARBAGE
TRUCK, IN AN AMOUNT NOT TO EXCEED $4500.00 - R. Herrera
Motion by ~
Second by ~_
VOTE:
Cwa:t~
Cooper
Matuszak
flLaU9hl in
~l.-<
ay
Skelton
Clarke
Malone
FOR
Motion carried
/' Defeated
AGAINST
Tabled
ABSTAIN
e
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CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
TO: Robert T. Herrera, City Manager
FROM: Jeff Litchfield, Director of Finance
DATE: September 6, 1989
SUBJECT: Vote on Proposal to increase Tax Rate
During the September 11, 1989 Council Meeting, the City Council needs to vote
to place a proposal to adopt the tax rate on the agenda of the October 9, 1989
Council meeting. The vote must include mention of the proposed rate of 71
cents per hundred dollars of assessed valuation. The proposed increase to 71
cents represents a 4.1 percent over the 1988 effective tax rate of .6818.
Council also needs to establish a Public Hearing on the proposed increase for
the September 25, 1989 Council Meeting.
The Calendar of Events surrounding the adoption of the rate is:
September 10, 1989 Pub I ish Effective Tax Rate Calculation
September 11 , 1989 Vote to place adoption on future October 9 Agenda
September 13, 1989 Publ ish first required notice
September 25, 1989 Hold Public Hearing
October 1 , 1989 Publish second required notice
October 9, 1989 Adopt Tax Rate
e e
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.\.....
COUNCIL ACTION
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