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HomeMy WebLinkAbout1989-10-09 Public Hearing and Regular Meeting . e MINUTES OF THE PUBLIC HEARING AND REGULAR MEETING LA PORTE CITY COUNCIL OCTOBER 9, 1989 1. The meeting was called to order by Mayor Malone at 6:00 P.M. Members of ci ty Council Present: Mayor Norman Malone, Councilpersons Betty Waters, Mike Cooper, Bob McLaughlin, Alton Porter, Deotis Gay (arrived at 6:05), Jerry Clarke Members of citv Council Absent: Councilpersons Ed Matuszak and B. Don Skelton 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, Finance Director Jeff Litchfield, Director of Community Development Joel Albrecht, Director of Parks and Recreation Stan Sherwood, Director of Public Works Steve Gillett, city Engineer Steve Wenzel Others Present: Marie Coffman and Josie Hernandez; Jim Lewis, Harris County; John Brock, President of Houston Economic Development Council; John Black, Bayshore Sun; 20 citizens 2. The invocation was given by Councilperson Waters. 3. Council considered approving the minutes of the Public Hearing and Regular Meeting of Council held September 25, 1989. Motion was made by Councilperson McLauqhlin to approve the September 25 minutes as presented. Second by Councilperson Clarke. The motion carried, 6 ayes and 0 nays (Councilperson Gay had not yet arrived). Nays: Councilpersons Waters, Cooper, McLaughlin, Porter, Clarke and Mayor Malone None Ayes: 4. The Mayor proclaimed Retired Senior Volunteer Day. Ms. Marie Coffman, accompanied by Ms. Josie Hernandez, accepted the proclamation on behalf of the Volunteers. The Mayor delayed proclaiming Bay Area Chapter Ducks Unlimited Day until a representative from that organization was present. When the representative arrived later in the meeting, the proclamation was read. 5. Mr. Jim Lewis, of Harris County, and Mr. John Brock, President of the Houston Economic Development Council, addressed Council with a presentation on the advantages of reinvestment zones. e e Minutes, Public Hearing and Regular Meeting La Porte City Council October 9, 1989, Page 2 6. Mr. Neil Woodard addressed Council regarding the Myrtle Creek traffic problem. 7. The Mayor called to order the public hearing on the request of William S. Davis for a Special Conditional Use permit to allow raising and breeding of emus. Joel Albrecht, Director of Community Development, reviewed the request for Council. The Mayor read three letters received in opposition to the request. Mr. William Davis, requestor, addressed Council in favor of the request, and answered questions from Council regarding the raising and breeding of emus and what is required to do so. Mr. A. C. Wandell and Ms. Mary Lamb addressed Council in opposition to the request. The Mayor asked for further public input. There being none, the public hearing was closed. 8. Council considered granting a Special Conditional Use Permit to william S. Davis, DBA Ratite Ranch, to allow raising and breeding of emus. Motion was made bv Councilperson Porter to deny the Special Conditional Use permit to William S. Davis for the raisina and breeding of emus. Second by Councilperson McLaughlin. The motion carried, 7 ayes and 0 nays. Nays: Councilpersons Waters, Cooper, McLaughlin, Porter, Gay, Clarke and Mayor Malone None Ayes: 9. Council considered an ordinance setting the FY 1989-90 tax rate. Finance Director Jeff Litchfield reviewed the ordinance for Council. The City Attorney read: ORDINANCE 1669 - AN ORDINANCE LEVYING TAXES UPON TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO TAXATION IN THE CITY OF LA PORTE, TEXAS; MAKING APPROPRIATIONS FOR SUPPORT, MAINTENANCE, AND IMPROVEMENT OF THE CITY GOVERNMENT OF SAID CITY OF LA PORTE; FINDING THAT ALL REQUIRED NOTICES HAVE BEEN PUBLISHED AND ALL REQUIRED HEARINGS HELD; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. e e Minutes, Public Hearing and Regular Meeting La Porte City Council October 9, 1989, Page 3 Motion was made bv CouncilDerson Waters to adoDt Ordinance 1669 as read by the city Attornev. Second by Councilperson Cooper. The motion carried, 7 ayes and 0 nays. Nays: councilpersons Waters, Cooper, McLaughlin, Porter, Gay, Clarke and Mayor Malone None Ayes: 10. Council considered an ordinance granting a pipe line permit to Enterprise Products. The City Attorney read: ORDINANCE 915-BB - AN ORDINANCE GRANTING A PERMIT UNDER SECTION 18-A-3 OF ORDINANCE NO. 915, "PIPELINE TRANSPORTATION," BEING CHAPTER 18-A OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, DATED NOVEMBER 25, 1975, TO CONSTRUCT A 6-INCH PIPE LINE FOR THE TRANSPORTATION OF BUTANE/PROPANE MIXTURE; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bv Councilperson Porter to adoDt Ordinance 915-BB as read bv the city Attornev. Second by Councilperson Clarke. The motion carried, 7 ayes and 0 nays. Nays: Councilpersons Waters, Cooper, McLaughlin, Porter, Gay, Clarke and Mayor Malone None Ayes: 11. Council considered a resolution appointing a nominee to the Harris County Appraisal District Board. The City Attorney read: RESOLUTION 89-15 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, NOMINATING A CANDIDATE FOR A POSITION ON THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT. Motion was made by CouncilDersons Waters to aDDrove Resolution 89-15 as read bv the city Attornev. and name Lee TiDton as the ci tv I s nominee. Second by Councilperson Gay. The motion carried, 7 ayes and 0 nays. Nays: councilpersons Waters, Cooper, McLaughlin, Porter, Gay, Clarke and Mayor Malone None Ayes: 12. Council considered approving the La Porte Area Water Authority budget. Motion was made bv CouncilDerson Gav to approve the La Porte Area Water Authority budqet as Dresented in the agenda. e e Minutes, Public Hearing and Regular Meeting La Porte City Council October 9, 1989, Page 4 Second by Councilperson Waters. The motion carried, 7 ayes and 0 nays. Nays: Councilpersons Waters, Cooper, McLaughlin, Porter, Gay, Clarke and Mayor Malone None Ayes: 13. Council considered awarding a bid for light fixtures and cross arms at Northwest Park. Motion was made by CouncilDerson Waters to award the bid for light fixtures and cross arms at Northwest Park to SUDerior Electric. in the amount of $7.010.24. Second by Councilperson Porter. The motion carried, 7 ayes and 0 nays. Nays: Councilpersons Waters, Cooper, McLaughlin, Porter, Gay, Clarke and Mayor Malone None Ayes: 14. Under Administrative Reports, City Manager Bob Herrera wished Councilperson Betty Waters a happy birthday. He then reminded Council of the joint workshop meeting with the school board on October 17. City Engineer Steve Wenzel gave an update on the Myrtle Creek traffic situation. He presented a plan to put speed zones at the intersections where the pipeline "hump" is, and hopefully, with cooperation from the State, perhaps stop signs in the near future. 15. Council persons Waters, Cooper, Me Laugh 1 in, Porter, Gay, Clarke and Mayor Malone brought items to Council's attention. All who spoke wished Doug de la Morena, Human Resources Manager, the best in his new position with private industry. 16. There was no executive session held. 17. There being no further business to come before the Council, the meeting adjourned at 8:18 P.M. R~l~tted: Cherie Black, City Secretary Passed & Approved this the 23rd day of October, 1989 ~::I~:;~L~~ . " '0/ . e s . . MINUTES OF THE PUBLIC HEARING AND REGULAR MEETING LA PORTE CITY COUNCIL SEPTEMBER 25, 1989 1. The meeting was called to order by Mayor Malone at 6:05 P.M. Members of Ci tv Council Present: Mayor Norman Malone, Councilpersons Betty Waters, Mike Cooper, Ed Matuszak, Bob McLaughlin, Alton Porter, Deotis Gay, B. Don Skelton, Jerry Clarke Members of City Council Absent: None 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, Finance Director Jeff Litchfield, Purchasing Manager Louis Rigby, Fire Chief Joe Sease, Director of Community Development Joel Albrecht, Police Chief Charles Smith, Golf Professional Alex Osmond Others Present: Neil Woodard; Terry Leppla, Arco Pipe Line Company; John Black, Bayshore Sun; 6 citizens 2. The invocation was given by Councilperson Gay. 3. Council considered approving the minutes of the public hearings and regular meeting of Council held September 11, 1989. Motion was made bv Councilperson Skelton to approve the minutes of September 11 as presented. Second by Councilperson Clarke. The motion carried, 8 ayes, 0 nays, 1 abstain. Ayes: CouncilpersonsCooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None Abstain: Councilperson Waters A-f!) Mr. Neil Woodard, 925 Myrtle Creek, addressed Council regarding the traffic problems on Myrtle Creek. He asked for information regarding what criteria is used in performing a traffic study, and asked for Council's help in resolving the traffic problems. 5. The Mayor called the public hearing on the FY 1989-90 tax rate to order. Finance Director Jeff Litchfield reviewed the background for the tax rate increase. . . Minutes, Public Hearing and Regular Meeting La Porte City Council September 25, 1989, Page 2 The Mayor called for pUblic input. There being none, the Mayor declared the public hearing closed. 6. Council considered an ordinance granting a pipeline permit to Arco Pipe Line Company. The City Attorney read: ORDINANCE 915-AA - AN ORDINANCE GRANTING A PERMIT UNDER SECTION 18-A-3 OF ORDINANCE NO. 915, "PIPELINE TRANSPORTATION," BEING CHAPTER 18-A OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, DATED NOVEMBER 25, 1975, TO CONSTRUCT AN 8-INCH PIPE LINE FOR THE TRANSPORTATION OF ISOBUTANE; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Porter to adopt Ordinance 915-AA as read by the city Attorney. Second by Councilperson Clarke. Mr. Terry Leppla, representing Arco Pipe Line Company, answered questions from Council. The vote was taken and the motion carried, 9 ayes and 0 nays. Nays: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone None Ayes: 7. Council considered a resolution adopting an official zoning map for the City of La Porte. Joel Albrecht, Director of Community Development, advised Council that the new map is one that shows the entire City limits, including the recently annexed BayMUD area and that also incorporates zoning changes that have been made since the adoption of Ordinance 1501. The City Attorney read: RESOLUTION 89-14 - A RESOLUTION ADOPTING A NEW OFFICIAL ZONING MAP FOR THE CITY OF LA PORTE AS PROVIDED BY THE CITY OF LA PORTE ZONING ORDINANCE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Skelton to approve Resolution 89-14 as read by the city Attorney. Second by Councilperson Cooper. The motion carried, 9 ayes and 0 nays. Ayes: CouncilpersonsWaters, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone None Nays: 8. Council considered appointing a voting delegate and alternate voting delegates for National League of cities annual Congress of cities meeting. e e Minutes, Public Hearing and Regular Meeting La Porte City Council september 25, 1989, Page 3 Motion was made by Councilperson Matuszak to name Mayor Malone as the voting delegate and B. Don Skelton and Jerry Clarke as alternate delegates. Second by Deotis Gay. Councilperson Clarke withdrew his name from consideration and asked that Deotis Gay be named in his place. Councilperson Matuszak amended his motion to reflect Deotis Gay as the other alternate delegate. Second by Councilperson Gay. The motion carried, 9 ayes and 0 nays. Nays: CouncilpersonsWaters, Cooper, Matuszak, MCLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone None Ayes: 9. Council considered authorizing entering into Emergency Management Mutual Aid Agreement with the City of Pasadena. Motion was made by Councilperson Waters to authorize enterinq into an Emergency Manaqement Mutual Aid Agreement with the city of Pasadena. Second by Councilperson Matuszak. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone None Nays: 10. Council considered authorizing entering into a reciprocal fire protection agreement with Texas Air National Guard fire department. Motion was made by Councilperson Skelton to authorize entering into a reciprocal fire protection aqreement with Texas Air National Guard fire department. Second by Councilperson Waters. The motion carried, 9 ayes and 0 nays. Nays: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone None Ayes: 11. Council considered appointing a nominee for the Community Justice Council. Motion was made by Councilperson Matuszak to nominate Elinor Tinsley for the community Justice Council. Second by councilperson Porter. Councilperson Skelton moved that the nominations cease. The motion to nominate Elinor Tinsley carried, 9 ayes and 0 nays. e . Minutes, Public Hearing and Regular Meeting La Porte City Council September 25, 1989, Page 4 Nays: councilpersonsWaters, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone None Ayes: 12. Council considered a consent agenda, as follows: (A) Consider awarding bid for polymer; (B) Consider awarding a bid for reinforced concrete pipe; (C) consider awarding a bid for concrete golf course paths; (D) Consider awarding a bid for aggregate for surface treatment; (E) Consider awarding a bid for sign material; (F) Consider awarding a bid for PVC pipe and fittings, cast iron fittings, gate valves, and fire hydrants. Motion was made bv Councilperson Waters to approve the consent agenda. Second by Councilperson Clarke. The motion carried, 9 ayes and 0 nays. Nays: CouncilpersonsWaters, Cooper, Matuszak, MCLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone None Ayes: 13. There were no administrative reports. 14. Councilpersons Waters, Cooper, Matuszak, Gay, Skelton, Clarke and Mayor Malone brought items to Council's attention. 15. Council adjourned into executive session at 6:35 P.M. to discuss the following items: (A) Under section 2(R) - Receive a report from the city Manager on reinvestment zone as a tax abatement program; (B) Under sections 2(E) and 2(F) - Meet with Attorney to discuss land acquisition. Council returned to the table at 7:35. 16. There being no further business to come before the council, the meeting was adjourned at 7:37 P.M. Respectfully submitted: Cherie Black, city Secretary Passed & Approved this the 9th day of October, 1989 Norman L. Malone, Mayor e . CONSIDER APPROVING MINUTES OF THE PUBLIC HEARING AND REGULAR MEETING OF COUNCIL HELD SEPTEMBER 25, 1989 Motion by ~ ~ Second byA VOTE: FOR Waters coope~ ~tus McLaughlin Porter ~ arke Malone Motion carried V" Defeated AGAINST Tabled ABSTAIN - e 4- . e Office of the Mayor G\J ~(J () ~'~ttI.09 ..:; ~ /) <? . r ~ 1001 lIU~rrrafl : Mo~~ than 230,000 H~ County ~~id~~ aJl.~ 65 y~a.M on ag~ o~ oldeJr.. will .tU.c.h ye.aJL.6 on plWmL6~ .6:UU. b~no~~ them, and many On OUll. old~~ c.J;t[Z~YL.6 hav~ giv~n and c.ont{nu~ to giv~ th~ b~t to H~ County thlWugh th~ R~:tUr.~d S~rU.o~ Vofun- t~vz. PlWgJtam; and WHEREAS, R~:tUr.~d S~rU.o~ Vofunt~vz. P~ogll.aJn R~c.ongilion Vay ,i4 a Um~ nO~ ail. c.J;t[z~YL.6 on La PoJc;t~ to ~~ne.w th~ ~~c.ognLt.i.on, :th~ ~~p~c;t and th~ ae.:Uv~ c.onc.eJr..n whic.h plWpeJLty be...tong.6 to OUll. oldeJr.. cA.;UZeYl..6 and to ac.lmowt~dg~ that m0.6.t oldeJr.. peJL60YL.6 aJl.~ not meJr..~ on.tookeJL6 in OUll. .6oue;ty, but:that th~y ~ema.in vil.a1., VeJL6a:tU~, and IU.ghiy vaf.u~d c.on- .tJUbutolL6 ;to th~ quaLUy On oUll. Cay'.6 Un~; and WHEREAS, actioYL.6 on b~haf.n on oUll. oldvz. c.J;t[Z~YL.6 .6hould b~ d~igned to n~~~ and a,M,i4t .6 ~rU.o~ cft,[z~YL.6 .6 0 that th~y may ~~ma.in activ~ and involv~d in way.6 on th~ own c.hoo.6ing. NOW, THEREFORE, I, NORMAN MALONE, MAYOR On th~ City On La Po~, do heJr..~by p~oc..fLUm Oc.:to beJr.. 10, 1989, a6 RETIREV SENIOR VOLUNTEER PROGRAM RECOGNITION VAY A..n .:the cay On La. Pott:te, and uJtge ail. c.,U.,tzeYL.6 ;to join me in a.pplLopJUa.:te Jte.c.ognLt.i.on on OUll. RetUr..~d S~rU.o~ Volunt~eJL6 who annua.t.ty c.on.:tJUbu;t~ mo~~ than 20,000 hOuM tJvl..Oughout OUll. c.ommurU..ty. IN WITNESS WHEREOF, I hav~ heneunto .6e;t my hand and c.a.u6~d th~ S~af. On th~ City to b~ an6b(~d heJr..eXO, .th-L6 th~ 9th day On Oc..tobeJr.., 1989. Noroman L. Ma.ton~, Mayo~ It e NAME: ADDRESS: 'nl~ ~,~ . /0 It> J !b -P/tA/YJ 41 Dr,. J Jt.~ . V . SUBJECT ON WHICH I WISH TO SPEAK: -.# '7 W~'.4l\ JJ~ ~~J.zta;n~. ~ ~ DATE: Du:. q; 11/0; ----:-- -:: e e NAME: ;1 C. WI1-AIl/E~?' ADDRESS: /0'101-7 AI . ;:JUE- L / SUBJECT ON WHICH I WISH TO SPEAK: 1/ 7 -;j)~ 1/ /5 (!.P ^' ;:> 11t O/Y!'t. 1- t/ oS e /~4?}.( , ~ DATE: PeT' q, I~~q ." './ ,- e e NAME: ~\\ OM'\S ADDRESS: &<7z, ~\f~~l.re.-- UeA' &-1:. SUBJECT ON WHICH I WISH TO SPEAK: Pvhol,,- ~'I:-'- ~ "~'5,.,....,", ~v1 r , DATE: "\ -.--=-. ..::: e e NAME: lJEt L \;J Oo:t:>~e..D ADDRESS: q~'5' fY\'H~."\Lf.- C1Z-'f:... SUBJECT ON WHICH I WISH TO SPEAK: -"^ '1\<-'"\LL c...~\~ \VL~~\e-.- ~~'L~ .. DATE: to - <:1-gq , e e TYPE OF MEETING RECEIVED UUT 0 ~ 1989 Request CODE EN.fORCEMENT City Council Public Hearing William Davis - SCU89-005 Special Conditional Use Permit October 9, 1989 MEETING SCHEDULED FOR , ~- I HAVE RECEIVED NOTICE OF THE ABOVE REFERENCED PUBLIC HEARING ~ IN AND I AM IN FAVOR OF OR I M1 OPPOSITION OF GRANTING THIS REQUEST FOR THE FOLLOWING REASONS. l.J) ~ -t:L ~j ~ bL~ ~ ~ ~ tL A.ui~A-L IUul JJ , Z. ,).k ~, ~~ \J~ ~:tk,~1~~' ~~ ~ ,3~ I ~ 't() ~ ~A-' ~ 0UMl'] . ~~ ~ ~ 7h d!.. ~ - . - ,'it- 0.10 SIGNATURE 7 , c. It e City Council Public Hearing William Davis - SCU89-005 Special Conditional Use Permit Request TYPE OF MEETING October 9, 1989 RECEIVED OCT 0 b 1989 CODE ENFORCEMENT MEETING SCHEDULED FOR AND I AM IN FAVOR OF OR I AH G I HAVE RECEIVED NOTICE OF THE ABOVE REFERENCED OPPOSITION OF GRANTING THIS REQUEST FOR THE FOLLOWING REASONS. / OL7 ~ J/-Ib HOME ADDRESS L ----.. r e e City Council Public Hearing William Davis - SCU89-005 Special Conditional Use Permit Request TYPE OF MEETING October 9, 1989 MEETING SCHEDULED FOR I HAVE RECEIVED NOTICE OF THE ABOVE REFERENCED PUBLIC HEARING AND I AM ~ IN FAVOR OF OR I AH IN OPPOSITION OF GRANTING THIS REQUEST FOR THE FOLLOWING REASONS. ~~ /nO. k ai.1.o..~L ~. /011'1- 71. ~ ~ p. eta.- I~J~J 715'7/ ~ HOME ADDRESS . e e October 05, 1989 To Whan It May Concern: I bought my property in 1976 and built a brick hane on it in 1980. I waited four (4) years to find out about zoning and the effect of flood control ditch, being concerned about flooding or the possibility of such. After the stom "Claudette" I decided to go ahead and build. At that tiIre, I was assured that the property was zoned single dwelling residential. I built my house facing east approximately 102 feet fran the boundary line on my east side. I attended the recent meeting at city hall and heard that the birds, emu, did not have a discernible smell fran their droppings. Being reared up on the farm where we had chickens, turkeys, caws, etc., I find this difficult to believe. I also heard that emu did not make very much noise . Only a hissing noise when they were disturbed, but if the proposed 200 birds or animals are disturbed by stray dogs or other, they could be fairly loud with their hissing noises. My main concern is what effect a ranch of this type located 102 feet fran the front of my house would have on my property value. Many people would not care to live directly across fran a farm such as this, thus reducing my selling price if I should ever decide to sell. It is my understanding that intense agricultural use of this property would qualify for Agricultural use and lawer the revenue in taxes to the city, school and county, while I would continue to pay on appraisal value of approximately $ 14,000 per acre. I believe the property should remain zoned as single dwelling law density residential. p e e Although I appreciate Mr. Davis' ideas on emu raising and find them interesting and therefore hope he can partly understand my reasons for objections to it being located so close to my hare. Sincerely yours, p-.I.i./la1i!J J.B. Ralls APPLICATION FOn TAX ABATEMENT IN HARRIS COUNTY This application should be filAllbt least 90 days prior to the iIlinning of construction or the installation of equipment. The filing of this document acknowledges familiarity and conformance with Guidelines and Criteria for Granting Tax Abatement in a Reinvestment Zone Created in Harris County (attached). This application will become part of the agreement and any knowingly false representations will be grounds for Harris County to void the agreement. Original copy of this request should be submitted to County Judge Jon Lindsay, Harris County Administration Building, 1001 Preston, Suite 911, Houston, Texas 77002. '"' =========================---~================================================================ Applicant Information Company Name Address MUST SUBMIT ANNUAL REPORT. Number of Employes Annual Sales(period) Corporation ( ) Partnership ( Date_/~_ See Instructions. ( ) Proprietorship ( =======================================-_====1:;;._-=====================- ___=== Project Information Type of Facility Manufacturing ( ) See Instructions. Regional Service ( ) Location Address and Legal Description Reg. Distribution Center ( Research Facility ( ) Reg. Entertainment Center( ) Other Basic Industry( ) School District College District City or Town Attach map showing proposed site Describe Product or Service to be provided. Project Description: Attach statement fully explaining project, describe existing site and improvements, describe all proposed improvements and provide list of improvements and equipment for which abatement is requested. NEW PLANT () EXPANSION () MODERNIZATION ( Economic Information Construction Estimates Start Month/year / Completion Date / IF MODERNIZATION: Estimated Economic Of Existing Plant Added Economic Life Modernization Life Construction Manyears Peak Construction Jobs years from years Permanent Employment Estimates (FTEfs) Current Plant Employment Number of plant jobs retained at start/opening 5 years into operation ) or created ( ) in year in year Estimated Appraised Value on Site Value January 1 preceding abatement agreement................ Est. Value of abated properties after abatement expires...... Value-upon completion of project personal property and project improvements not subject to abatement ............. Personal Property Improve- ments Land ~--========================================--====================~============================== VARIANCE Is the applicant seeking avariance under Section 3(f) of the Guidelines? YES () NO ( ) If "YES" attach required supplementary information. OTHER ABATEMENTS. Has company made application for abatement of this project by another taxing jurisdiction or nearby counties? YES ( ) NO ( ) If "YES" provide dates of application, hearing dates if held or scheduled, name of jurisdictions and c~ntacts, and letters of intent. ====================================================--========================================== OVER / L / L L / 1. EDC contact 2. Precinct 3. Jurisdictions notified 4. Initial review completed 5. Review circulated 6. ISD concurrence? 7. College concurrence? 8. City concurrence? 9. Letter of Intent / / / L L L L / !.. L !.. L L / 10. Hearing noticed on agenda 11. Public hearing 12. ISD action 13. College action 14. City action 15. Agreement signed FOR PROCESSING PURPOSES ONLY DO NOT WRITE IN THIS AREA Applicants and projects must meet the requirements established by the Harris County Guidelines and Criteria (attached) in order to receive positive consideration. Section 2 of the Guidelines, for example, sets out regulations governing eligible facilities, eligible and ineligible improvements, terms and economic qualifications. Conformance with all sections, however, is required for eligibility. APPLICANT INFORMATION The taxing unit may consider applicant financial capacity in determining whether to enter into an abatement agreement. Established companies for which public information is available, or the wholly owned businesses of such companies, should include with the application a copy of their latest annual report to stockholders- Other applicants and new companies shoulc attach statement showing when the company was established, business references (name, contact and telephone number of principal bank, accountant and attorney) and may be required. to submit an audited financial statement and business plan. PROJECT INFORMATION Only facilities listed in Section 2 (a) of the Guidelines may receive abatement without applying for a variance. Check guideline definitions in Section 1. to see if project qualifies. If project is a Regional Entertainment Facility, Regional Service Facility Regional Distribution Center Facility or Other Basic Industry, the application should include market studies, business plans, agreements or other materials demonstrating that the facility is intended to serve a market the majority of which is outside of the Harris County region. ECONOMIC INFORMATION Permanent Employment Estimates - In estimating the permanent employment, include the tota:" number of jobs retained or created at this site by your firm as well as known permanant jobs of service contractors required for operation. Estimated Appraised Value on Site - The value January 1 preceding abatement should be the value established by the Harris County Appraisal District. If the applicant must estimate value because the taxable value is not known or is combined with other properties under a single tax account, please so state. To qualify, the abated properties must be expected to result in an addition to the tax base of at least five million dollars after the period of abatem~nt expires. Projections of value should be a "best estimate" based on taxability in Texas. The projection of project values not abated should include personal .property and ineligible project-related improvements such as office space in excess of that used for plant administration, housing, etc. INSTRUCTIONS -================--===--========~===-==:==c:::s::-======::z:=:==----==-====" _....---=========~============== Telephone: Address: Name and Title of Company Official Title: Signature of Company Official Name: e e COMPANY REPRESENTATIVE TO BE CONTACTED: ... e e HARRIS COUNTY, TEXAS COMMISSIONERS COURT JON LINDSAY. COUNTY JUDGE EL FRANCO LEE. COMMISSIONER. PRECINCT 1 JIM FONTENO. COMMISSIONER, PRECINCT 2 STEVE RADACK. COMMISSIONER, PRECINCT 3 E. A. LYONS. JR. COMMISSIONER, PRECINCT 4 ADMINISTRATION BUILDING 1001 PRESTON SUITE 938 HOUSTON. TEXAS 77002 (713)221-5113 GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT IN A REINVESTMENT ZONE CREATED IN HARRIS COUNTY Whereas, the creation and retention of job opportunities that bring new wealth is the highest civic priority; and Whereas, new jobs and investment will benefit the area economy, provide needed opportunities, strengthen the real estate market and generate tax revenue to support local services; and Whereas, the communities within Harris County must compete with other localities across the nation currently offering tax inducements to attract new plant and modernization projects; and Whereas, any tax incentives offered in Harris County would reduce needed tax revenue unless strictly limited in application to those new and existing industries that bring new wealth to the community; and Whereas, any tax incentives should not adversely affect the competitive position of existing companies operating in Harris County; and Whereas the abatement of property taxes, when offered to attract primary jobs in industries which bring in money from outside a community instead of merely recirculating dollars within a community, has been shown to be an effective method of enhancing and diversifying an area's economy; and Whereas effective September 1, 1987, Texas law requires any eligible taxing jurisdiction to establish Guidelines and Criteria as to eligibility for tax abatement agreements prior to granting of any future tax abatement, said Guidelines and Criteria to be unchanged for a two year period unless amended by a three-quarters vote; and Whereas to assure a common, coordinated effort to promote our communities' economic development, any such Guidelines and Cri teria should be adopted only through the cooperation of affected school districts, cities and Harris County; and Whereas Harris County Commissioners Court has approved the circulation of the attached Guidelines and Criteria to affected taxing jurisdictions for consideration as a common policy for all jurisdiction which choose to participate in tax abatement agreements; Now, therefore be it resolved that Harris County does hereby adopt these Guidelines and Criteria for granting tax abatement in reinvestment zones in Harris County. e e DEFINITIONS Section 1. (a) "Abatement" means the full or partial exemption from ad valorem taxes of certain real property in a reinvestment zone designated for economic development purposes. (b) "Eligible jurisdiction" means Harris County and any municipality, school district or college di.,strict, the majority of which is located in Harris County, that levies ad valorem taxes upon and provides services to property located within the proposed or existing reinvestment zone. (c) "Agreement" means a contractual agreement between a property owner and/or lessee and an eligible jurisdiction for the purposes of tax abatement. (d) "Base year value" property January 1 plus the agreed improvements made of the agreement. means the assessed value of eligible preceding the execution of the agreement upon value of eligible property after January 1 but before the execution (e) "Economic Life" means the number of years a property improvement is expected to be in service in a facility. (f) "Deferred maintenance" means improvements necessary for continued operations which do not improve productivity or alter the process technology. (g) "Expansion" means the addition of buildings, structures, fixed machinery or equipment for purposes of increasing production capacity. (h) "Facility" means property improvements completed or in the process of construction which together comprise an integral whole. (i) "Manufacturing Facility" means buildings and structures, including fixed machinery and equipment, the primary purpose of which is or will be the manufacture of tangible goods or materials or the processing of such goods or materials by physical or chemical change. (j) "Modernization 11 means the replacement and upgrading of existing facilities which increases the productive input or output, updates the technology or substantially lowers the unit cost of the operation. Modernization may result from the construction, alteration or installation of buildings, structures, fixed machinery or equipment. It shall not be for the purpose of reconditioning, refurbishing or repairing. - 2 - e e (k) "New Facility" means a property previously undeveloped which is placed into service by means other than or in conjunction with expansion or modernization. (1) "Other Basic Industry" means buildings and structures including fixed machinery and equipment not elsewhere described, used or to be used for the production of products or services which primarily serve a market outside the Houston Consolidated Metropolitan Statistical Area (CMSA) and result in the creation of new permanent jobs and bring new wealth in. (m) "Regional Distribution Center Facility" means buildings and structures, including fixed machinery and equipment, used or to be used primarily to receive, store, service or distribute goods or materials owned by the facility operator where a majority of the goods or services are distributed to points at least 100 miles from any part of Harris County. (n) "Regional Entertainment Facility" means buildings and structures, including fixed machinery and equipment, used or to be used to provide entertainment through the admission of the general public where the majority of users reside at least 100 miles from any part of Harris County. (0) "Regional Service Facility" means buildings and structures, including fixed machinery and equipment, used or to be used to service goods where a majority of the goods being serviced originate at least 100 miles from any part of Harris County. (p) "Research Facility" means building and structures, including fixed machinery and equipment, used or to be used primarily for research or experimentation to improve or dev'e10p new tangible goods or materials or to improve or develop the production processes thereto. ABATEMENT AUTHORIZED Section 2 (a) Authorized Facility. A facility may be eligible for abatement if it is a: Manufacturing Facility, Research Facility, Regional Distribution Center Facility, Regional Service Facility, Regional Entertainment Facility or Other Basic Industry. (b) Creation of New Value. Abatement may only be granted for the additional value of eligible property improvements made subsequent to and listed in an abatement agreement between the County and the property owner and lessee (if required), subject to such limitations as Commisioners Court may require. - 3 - e e (c) New and Existing Facilities. Abatement may be granted for new facilities and improvements to existing facilities for purposes of modernization or expansion. (d) Eligible Property. Abatement may be extended to the value of buildings, structures, fixed machinery and equipment, site improvements plus that office space and related fixed improvements necessary to the operation and administration of the facility. (e) Ineligible Property. The following types of property shall be fully taxable and ineligible for abatement: land; inventories; supplies; tools; furnishings, and other forms of movable personal property; vehicles; vessels; aircraft; housing; hotel accommodations; deferred maintenance investments; property to be rented or leased except as provided in Section 2(f); improvements for the generation or transmission of electrical energy not wholly consumed by a new facility or expansion; any improvements, including those to produce, store or distribute natural gas, fluids or gases, which are not integral to the operation of the facility; property which has an economic life of less than 15 years; property owned or used by the State of Texas or its political subdivisions or by any organization owned, operated or directed by a political subdivision of the State of Texas. (f) Owned/Leased Facilities. If a leased facility is granted abatement the agreement shall be executed with the lessor and the lessee. (g) Value and Term of Abatement. Abatement shall be granted effective with the January 1 valuation date immediately following the date of execution of the agreement. One hundred percent of the value of new eligible properties shall be abated for up to two years during the period of construction and for five years thereafter. If the period of construction exceeds two years the facility shall be considered completed for purposes of abatement and in no case shall the period of abatement inclusive of construction and completion exceed seven years. If a modernization project includes facility replacement, the abated value shall be the value of the new unit(s) less the value of the old unit(s) . (h) Economic Qualification. In order to be eligible for designation as a reinvestment zone and receive tax abatement the planned improvement: (1) must be reasonably expected to increase the value of the property in the amount of $5 million after the period of abatement has been expired; - 4 - e e (2) must be expected to prevent the loss of employment, retain or create employment for at least 30 people on a permanent basis in Harris County; (3) must not be expected to solely or primarily have the effect of transferring employment from one part of Harris County to another; and, (4) must be necessary because capacity cannot be provided efficiently utilizing existing improved property when reasonable allowance is made for necessary improvements. (i) Taxability. From the execution of the abatement to the end of the agreement period taxes shall be payable as follows: (1) The value of ineligible property as provided in Section 2(e) shall be fully taxable; (2) the base year value of existing eligible property as determined each year shall be fully taxable; and, (3) the additional value of new eligible property shall be taxable in the manner described in Section 2(g). APPLICATION Section 3. (a) Any present or potential owner of taxable property in Harris County may request the creation of a reinvestment zone or tax abatement by filing a written request with the County Judge. (b) The application shall consist of a completed application form accompanied by: a general description of the new improvements to be undertaken; a descriptive list of the improvements for which an abatement is requested; a list of the kind, number and location of all proposed improvements of the property; a map and property description; a time schedule for undertaking and completing the proposed improvements. In the case of modernization a statement of the assessed value of the facility, separately stated for real and personal property, shall be given for the tax year immediately proceeding the application. The application form may require such financial and other information as the County deems appropriate for evaluating the financial capacity and other factors of the applicant. (c) Upon receipt of a completed application, the County Judge shall notify in writing and provide a copy of the application to the presiding officer of the governing body of each eligible jurisdiction. (d) After receipt of an application for creation of a reinvestment zone and application for abatement, the County shall prepare a feasibility study setting out the impact of the proposed reinvestment zone and tax abatement. The feasibility study shall include, but not be limited to, an - 5 - e e estimate of the economic effect of the creation of the zone and the abatement of taxes and the benefit to the eligible jurisdiction and the property to be included in the zone. (e) The County shall not establish a reinvestment zone or enter into an abatement agreement if it finds that the request for the abatement was filed after the commencement of construction, alteration, or installation of improvements related to a proposed modernization, expan~ion or new facility. An applicant is ineligible for abatement if a decision to commence a modernization, expansion or new facility in Harris County has been formally announced on or before the date of adoption of these guidelines and criteria. (f) Variance. Requests for variance from the provisions of Subsections (a), (e) and (g) of Section 2 may be made in written form to a designated member of Commissioners Court, provided, however, the total duration of an abatement shall in no instance exceed seven years. Such request shall include a complete description of the circumstances explaining why the applicant should be granted a variance. Approval of a request for variance requires a three-fourths (3/4) vote of the Commissioners Court. PUBLIC HEARING AND APPROVAL Section 4. (a) The Commisioners Court may not adopt a resolution designating a reinvestment zone until it has held a public hearing at which interested persons are entitled to speak and present evidence for or against the designation. Notice of the hearing shall be clearly identified on the Commissioners Court agenda at least 30 days prior to the hearing. The presiding officers of eligible jurisdictions shall be notified in writing at least 15 days prior to the hearing. (b) Prior to entering into a tax abatement agreement the Commissioners Court may, at its option, hold a public hearing at which interested persons shall be entitled to speak and present written materials for or against the approval of the tax abatement agreement. (c) In order enter into a tax abatement agreement, the Commissioners Court must find that the terms of the proposed agreement meet these Guidelines and Criteria and that: (1) there will be no substantial adverse affect on the provision of the jurisdiction's service or tax base; and (2) the planned use of the property will not constitute a hazard to public safety, health or morals. - 6 - e e (d) Any applicant requesting a variance under Section 3 (f) shall be approved by a vote of at least three-fourths (3/4) of the Commissioners Court. No application which deviates from the requirements of these Guidelines and Criteria shall be approved unless accompanied by a request for variance as provided under Section 3(f). AGREEMENT Section 5. (a) After approval the County shall formally pass a resolution and execute an agreement with the owner of the facility and lessee as required which shall include: (1) estimated value to be abated and the base year value; (2) percent of value to be abated each year as provided in Section 2(g); (3) the commencement date and the termination date of abatement; (4) the proposed use of the facility; nature of construction, time schedule, map, property description and improvement list as provided in Application, Section 3(b); (5) contractual obligations in the event of default, violation of terms or conditions, delinquent taxes, recapture, administration and assignment as provided in Sections 2(a), 2(f), 2(g), 6,7 and 8, or other provisions that may be required for uniformity or by state law, and; (6) amount of investment and average number of jobs involved. Such agreement shall normally be executed within 60 days after the applicant has forwarded all necessary information and documentation to the County. RECAPTURE Section 6. (a) In the event that the facility is completed and begins producing product or service, but subsequently discontinues producing product or service for any reason excepting fire, explosion or other casualty or accident or natural disaster for a period of one year during the abatement period, then the agreement shall terminate and so shall the abatement of the taxes for the calendar year during which the facility no longer produces. The taxes otherwise abated for that calendar year shall be paid to the County within sixty days from the date of termination. (b) Should the County determine that the company or individual is in default according to the terms and conditions of it's agreement, the County shall notify the company or individual in writing at the address stated in the - 7 - e e agreement, and if such is not cured within sixty (60) days from the date of such notice ("Cure Period"), then the agreement may be terminated. (c) In the event that the company or individual (1) allows its ad valorem taxes owed the County to become delinquent and fails to timely and properly follow the legal procedures for their protest and/or contest; or (2) violates any of the terms and conditions of the abatement agreement and fails to cure during the Cure Period, the agreement then may be terminated and all taxes previously abated by virtue of the agreement will be recaptured and paid within sixty (60) days of the termination. ADMINISTRATION Section 7 (a) The Chief Appraiser of the County shall annually determine an assessment of the real and personal property comprising the reinvestment zone. Each year, the company or individual receiving abatement shall furnish the assessor wi th such information as may be necessary for the abatement. Once value has been established, the Chief Appraiser shall notify the affected jurisdictions which levies taxes of the amount of the assessment. (b) The agreement shall stipulate that employees and/or designated representatives of the County will have access to the reinvestment zone during the term of the abatement to inspect the facility to determine if the terms and conditions of the agreement are being met. All inspections will be made only after the giving of twenty-four (24) hours prior notice and will only be conducted in such manner as to not unreasonably interfere with the construction and/or operation of the facility. All inspections will be made with one or more representatives of the company or individual and in accordance with its safety standards. (c) Upon completion of construction the County or the jurisdiction creating the reinvestment zone shall annually evaluate each facili ty receiving abatement to ensure compliance with the agreement and report possible violations to the contract and agreement to the Commissioners Court and the County Attorney. - 8 - e e ASSIGNMENT Section 8 Tax abatement agreements may be assigned to a new owner or lessee of the facility with the written consent of the Commissioners Court, which consent shall not be unreasonably withheld. Any assignment shall provide that the assignee shall irrevocably and uncondi tionally assume all the duties and obligations of the assignor upon the same terms and conditions as set out in the agreement. Any assignment of a tax abatement agreement shall be to an entity that contemplates the same improvements or repairs to the property, except to the extent such improvements or repairs have been completed. No assignment shall be approved if the assignor or the assignee are indebted to the County for ad valorem taxes or other obligations. SUNSET PROVISION Section 9. (a) These Guidelines Criteria are effective upon the date of their adoption and will remain in force for two years, at which time all reinvestment zones and tax abatement contracts created pursuant to its provisions will be reviewed by the County to determine whether the goals have been achieved. Based on that review, the Guidelines and Criteria will be modified, renewed or eliminated. (b) This policy is mutually exclusive of existing Industrial District Contracts and owners of real property in areas deserving of special attention as agreed by the affected jurisdictions. 10-24-87 - 9 - e e Availability of Property Tax Abatement in Harris County In most areas of Harris County, abatement of city, ~chool and county property taxes is available for new investments and expansion or modernization of existing businesses. One hundred percent of the increase in value is abated for five years and up to two years during construction. Properties must have an economic life of 15 years and must result in an increase in appraised value of at least $5 mil]ion at the end of the abatement period. Furthtr, a minimum of 30 permanent jobs must be created or retained. Eligible are manufacturing facilities, research facilities and other basic industry. Also qualifying are regional distribution, service or entertainment facilities which draw a majority of their customers from outside a 100 mile radius of Harris County. Ineligible properties include land, inventories, movable personal property, hotel accommodations, co-generation facilities and improvements for which there is existing capacity already available. e . REOUES~OR CITY COUNCIL AGENDA I~ ================================================~============== Agenda Date Requested: October 9, 1989 Requested By: brecht Department: Community Development x Report Resolution Ordinance Exhibits: 1. 2. staff Report Letter of Transmittal from Planning & Zoning Commission Special conditional Use Permit: SCU89-005 Transparencies 3. 4. ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY & RECOMMENDATION Summary: The Planning & Zoning Commission at their Sept. 14, 1989 Public Hearing and Regular Meeting considered a request by Mr. William (Bill) Davis for a special Conditional Use Permit. The purpose of the request is to allow development of a facility for the breeding and raising of emu's. The proposed facility is to occupy the 10100 block of North "L" Street. The legal description of the property is the West 1/2 of Outlot 444. Council Option: At the close of the public hearing: 1. Approve the Special conditional Use Permit in the form recommended by the Planning & Zoning Commission. 2. Approve the Special Conditional Use Permit with amended conditions. 3. Table the request for further consideration at a future date. 4. Deny the Special Conditional Use Permit. Recommendation: The Planning & Zoning Commission has recommended approval of this request subject to the conditions specified in the attached conditional use permit #89-005. Action Required by Council: 1. Hold public hearing. 2. At close of public hearing, consider approval or denial of Special Conditional Use Permit #SCU89-005. ----------------------------------------------------------------- ----------------------------------------------------------------- Availability of Funds: N/A General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: Yes NO ================================================================= Approved for City Council Agenda (]~ \ l ~ Robert T. Herrera City Manager 10"'{ '-'~ Date e SPECIAL CONDITIONAL USE PERMIT SCU89-005 e CITY ur LA YUltlJ:. e APPLICATION FOR e SPECIAL CONDITIONAL USE PERMIT -----------------------~---------------A~~li~;ti~~-N~~~---j9:--~~---- OFFICE USE ONLY: Fee: $100.00 Date Received: ~-#-19 Rece ipt No.: tJ 7~ /f.33 certified Plans Submitted: ( ) General Plan () Major Development Site Plan ( ) Minor Development Site Plan ( ) Preliminary Plat ---------------------------------------------------------------------- Person Making Request: . //,'llfA IA/I :5. D-J.. V.; 5 Ma i 1 ing Add res s : (PO '2- '""6 e A.O SR-"\' ~ "E, CitY/State:Vece.- 7~\-r ---r-e':l~ 77S3~ BUSINESS NAME: ~".,.2 1(A-rv~ ;.{ H - (.,7f,~'- t~>) Phone: 47' - .)Z.'1t) fl.} LEGAL DESCRIPTION: 1(, I ;(/~.I-' ft~~ f 6:. r./t 0 'IN Y z. c1 ~ 6!.u~ L~ ~ t.}l}f PROPERTY ADDRESS: ZONE: SIC USE CATEGORY: OF BUSINESS: i / "I ~ I . Date /' ~..y~ owner.:f Author ized Agent /J.. ~ I~-, I ---------------------------------------------------------------------- OFFICE USE ONLY Date of P & Z Public Hearing: 5 e,," 1'1. I ct)i ~ Recommendat ion: (j) or N - I I Date of City Council Meeting: Oc..- -t cr IHq Approved: y. or N I Zone: R-I This application is: Approved ( ) Permit il Denied ( ) CLP JOB I (If Assigned Yet) Conditions: Zoning Administrator Date CZD/1-187 e e SPECIAL CONDITIONAL USE PERMIT REQUEST SCU89-005 Requested For: West 1/2 of Outlot 444; La Porte Outlots (See Exhibit A) Location: 10100 Blk of North "L" st. ReQuested By: Mr. William S. Davis Property Zoninq: R-1, Low Density Residential Purpose of ReQuest: Development of a facility devoted to the raising and breeding of Emu's Backqround: Zoning Ordinance 1501 designates "Agricultural Specialties (Animal Specialties)" as a Conditional Use in R-1 Zones. This use is conditional when it is to be the primary activity on a tract of property. As there is not a home presently located on this property (a future home site is proposed), this use will be considered as primary. The Zoning Ordinance prerequisites for this type of activity are as follows. 1. The tract must be classed as "Large Lot Residential" cone.lstlng of an acre or more (Section 10-300.10). The applicant's tract consists of approximately five (5) acres. 2. Livestock must be penned at least twenty-five (25) feet from any property line except where adjoining property is also used to house livestock (Section 10-300.10). 3. While there are no limits on the number of fowl which may be housed on a given tract, the property must be maintained in a manner which will not constitute a health hazard or constitute a violation of City Ordinance 1358 (Section 10-300.10). Note: Ordinance 1358 deals with public nuisances including weeds and debris as well as "obnoxious, unwholesome and insanitary" property conditions. Emu's are large, flightless birds which are native to Australia. Adult birds stand approximately five (5) feet in height. Based on specimens observed by staff, mature birds appear to weigh approximately sixty (60) to eighty'(80) pounds. Staff has located a small local facility (located at Guardian Fire Services, 2202 Underwood Road) which currently houses three (3) adult pairs of Emu's. The owners stated the pens, which were very clean and virtually odor free, require.very e e SCU89-005/Report Page 2 little maintenance. They further indicated that Emu's are hardy birds which are not prone to disease and also that the birds make very little noise. This appears to corroborate the information contained in the applicant's development proposal (See Exhibit B). Staff found the birds at the Underwood facility to be docile and friendly. The pens and sheds at this facility, although configured somewhat differently, appear to be very comparable to those proposed by the applicant and completely adequate to maintain the birds in safe and healthful manner. Analysis: As noted in the background section of this report, the applicant's property is an approximately five (5) acre tract. It therefore qualifies as a "Large Lot Residential" tract. A review of the applicant's start up and long range development plans (See Exhibits C & D) indicate that bird pens are to be setback over one hundred fifty (150) feet from the front property line. This places the pens well behind existing homesites and adjacent to pasture area (See Exhibit E). The proposed pen layout therefore appears to conform with City ordinance. The applicant does not indicate the number of birds which he ultimately intends to house on this property. Although the Zoning Ordinance does not directly limit the number of fowl which may be kept on a given tract, it is within the Commission's scope of authority to impose such a limit as a special condition. This is an issue which the Commission may wish to address. While the amount of information staff has been able to gather regarding Emu's is admittedly rather limited, everything learned so far indicates that the birds are not unduly dangerous. They also appear to be hardy animals who, if properly cared for, will not pose a health hazard for humans or other animals. The conditions which staff would ask the Commission to consider are as follows. 1. A maximum of property at one time. Emu's shall be housed on this 2. No other type of livestock shall be housed on this property without prior approval from the Planning & Zoning Commission. 3. Facility shall comply with La Porte Ordinance #1358 and its future revision or amendments. e e SCU89-005/Report Page 3 Conclusion: This request meets Zoning Ordinance prerequisites and is therefore eligible to be considered for a Special Conditional Use Permit. Options: I. Recommend City Council approval of this request: A. As submitted by applicant B. With conditions recommended by staff C. With additional conditions (or deletion of conditions) as felt necessary by the Commission II. Table request for further discussion at a future date III. Recommend City Council denial of this request -U---l i i I -. - 370 ~ - .. Ie ... ~ .. m 372 u l!! IllIll I I L c ... ~ 410 40. ~ GC 4U 412 R.e !68 373 ,. ~ ... ... :a \\ IllIllT L STMET TItIIUIH ST. 2 ... il - I 2 S ... c 2 451 5 ... ~ GC ... Ie ~ Ie c ... u IIIIU ST. J -,V SPAIlfIO\I ST. CAlIDIMAL ST. / 1L1IU11IO ST. I tUI'I'll WU I M/'ST. lIOII1. srI L 480 449 IllIllTH H STIIUT p " J ;1. /1 . / 1 .i .. c i j Ne' J / '/ V IfOtfTIOIfUlT CATllTT LN. II = ( / SUIAIl CM:O STlIIC CIIUIC R-3 NC lJU) IlllCIWlD AIITIII. LM. I CATlETT KLfAIT ,...... "" ~ -- -- 10 I 5 ~"t / v ;0 H-i ~[ i ... , I , .. i Ie I A --/ / I I fl9 / ~ /~ ~') / ; 442 ~ fi- ~ / Trac! ;/7 a ue 57: cJ IJ I I r ~F1IELD OIl. I ---1--' .JhIEH""1IK I I r -'--1 , a: l m I =1 ! l_D I ~I 1 ~ 1 _I( il . cL .1 g!. --;-".-- ---- - _& -- , G \--------1 \---R~--; CM:ITIIIlT OIl. VALLEY Villi OIl. i! il tIUOOlI I'ua; OIl. ~ IUJIVALLEY OIl. I~ IIUIICIlI CM:IT OIl. ,. CMOV 1111 OIl. \ ~ \ I r 11 LM. ~~ Ul \ t-~ \ ~ kl -l'4.:~' ~ .. :a '" :\ 2 ... I c ... 8 c l / / ~ i - o 3" CHESTNUT r--- 1 I I ~CT ""'~!:! g. J I ., ,.r-j ~-cu,.? 1 /~ csl~__1 ITTLIE ,gl $<" .. 1 / \~ I'STM:l i- ij IIIf;lN ~ I IIlOlICSI K c L 8 ....vllII c ~ "1 ~ CMlKllOllT I'AIlIC / \ \.AI'\.l CIIUIC > -V' i , Ill!. // ~~ IMlTLl CM:o)' ~ ~ ~ OIl ~d ~~. 0Il.~~ fl ~ ~ le::: ~' (11~' ~~CM:O 2r ~ If'IlIIlU / ~" ~ IAlCER.IUNIOR \ HIGH ICHOOL ../:~ L. R-I .. .. c 5 ... 420 SULLIVIlli ST. 423 lL IAKTH I 421 422 424 R ..I 441 440 438 I 437 . 43t 438 460 - 46' 461 462 463 481 480 478 If17 471 479 """ICCllEST DIl. GLlENVIIEW OIl. i IA -- _.. ~ / GC !2 J::XHIBrr A .. ICHOOL e e APPLICATION FOR CONDITIONAL USE PERMIT The property is located between 10114 and 10130 North L street. It is the West half of outlot 444. This application is to raise emu's on that property. Emu's are flightless birds about 5 feet tall, when fully grown, native to Australia. Adult birds are maintained as pairs to prevent inbreeding, a major cause of deformed legs. Eggs are laid on the ground and collected to be incubated. Two to three years are required for birds to mature. Younger birds flock together. Multiple pens for the younger birds keep the flocks to.a manageable size. Large enough to meet the birds needs and small enough to prevent the larger birds from injuring the smaller ones. It also insures the smaller birds will have an equal chance for feed. Sketches showing facilities that would be constructed in the near future and long range plans are attached. Once the birds are a couple of months old they prefer being outside. Shelters are planned for each pen - 8x10 for adult pairs and 10x16 for younger birds - for use when they choose and to have a place keep their feed dry. The amount of space provided and the birds preference for out of doors prevents odors from being a problem. Noise is not a problem as the birds make a hissing sound when frightened. It is audible within a few feet but is not loud and raucous. Adult females make a drumming sound like a low tom-tom that is audible only for a short distance. Markets exist for emu meat, hide, feathers and fat. Birds require about 18 months to reach marketable size. Meat is a no cholesterol red meat that looks and tastes like pot roast. Hides are tanned and used for clothing and boots. Feathers are used for decorations and feather dusters. The fat is rendered for oil which is used in cosmetics. None of the slaughtering, tanning or rendering will be done here. Please let me know if there are questions or if I can prOVi~~i~~ation. WILLIAM~. DAVIS RR012219 EXHJerr B RECEIVED I.\UG 24 1989 CUOf ENFORCEMENT Please find attached survey information describing the land being considered for this permit. e e It is my intention have a 6 ft chain link perimeter fence. This would insure the birds stay in and deter people who want to make mischief. Pen fences would be 5 ft constructed of either chain link or "horse panels". It is important to have a fence with small enough openings so the emu cannot stick their head through or have large openings with no sharp burrs or wire ends. Emus are inquisitive birds and tend to stick their head and neck through openings to investigate. Any sharp burrs or cut ends on wire may cause a cut in their necks. Since the neck skin is thin and soft the cuts are usually significant. The plans I included with the site plan included an area labeled Ponds. These ponds are existing at this time. I is my intention the ponds will remain. As time permitted it would be a spot to relax and enjoy. ~Ag William S.Davis EXHIBIT B RR012219 e e .,...-.........,....~.....,.....-..-...._...- 'Jf.. \............",1., OI.:'D ~. ;r~::~.".~'-....~..r:.'. "",-;-'( '..:"".~.,,... '''''.:;-,r. ~ :-'~,;"r..'~ ='n'~" I WIle g,tllte nfWexlIlI, ( . WOllnt!] 1l( HARRIS S .........;.....-..:.....--......--..-..-....--.-...... .' ~ .-,., . 0-. _.... '..~.. ..._ .... __.__....._.~........._. h'..l\ 't""04ltf) fo"... --. "---'r. .,.--...,.--.. . __.,..,....,"._., ,._~.. "__., 'j " .""....". " ........"..'."u~'r,,"':~. ..... ........ ,:"..,.-."..._.....H'~ 1KttoUt 1\11 t1l1{I'tt by WIll'HI' lUrrul'lttn: That we, James Edward Harris and wife, Frances J. Harris of the COllnty of Harris Stolte of Texas for and In con~ideration Ilf the ~1Il11 (If Ten and nO/lOO ($10.00) Dollars and other valuable consideration to the undersigned paid by the Grantees herein named, the receipt of which is hereby aCknowledged, and the further consideration that Grantees hereby assumes and promises to pay, one-half (~) of, all principal and interest now remaining unpaid on that. one certain promissary note in the original principal sum of $45,000.00, dated . I March 4, 1977, executed.by James Edward Harris, et ux, Frances J. Harris and Aaron " Lavon Pettis, et ux, Barbara June Pettis, 'and payable to the order of J. A. Mills, ~ et ux, Fran~es L. Mills, and secured by a vendor's lien retained in Deed of even date therewith filed for record in the Official Public Records of Real Property of Harris County, Texas', on Ap~il 5, 1977, under File No. 604036 and recorded under Film. COde'l~ No. 162-08-1341, and additionaily secured by a Deed of Trust of given date therewitp to Beck Smith, Trustee; and Grantees also assumes ~nd promises to keep and perform all covenants and obligations of Grantors named in same Deed of Trust. have Granted, Solrl and Conveyed. anrl by these presents rlo Grant. Sell and Convey unto the said of the County of Aaron Lavon Pettis and wife, Barbara June Pettis Harris State of Texas all that certain \l tract of land out of the Enoch Brinson Survey in Harris County, Texas, and being the West ~ of lot 444 of the LaPorte Outlots as recorded.in Volume 61, Page 374 of the Deed Records of Harris County, Texas, and being more fully described by metes and bounds as follows: BEGINNING at the Northwest corner of said Outlot 444 in the South line of "L" Stree~; THENCE Southerly with the West Line of Outlot 444 a distance of 900' to the. Southwest corner of Outlot 444; THENCE East 242' along the South line of Outlot 444 to a point for corner; THENCE North 900' parallel to and 242' East' of the West line of Outlot 444 to a point in the South line of "L" Street and the North line of Outlot 444; THENCE West 242' to the PLACE OF BEGINNING. I TO HAvE AND TO HOLD the above described premises, togeth~r .\vith all and singular. the rights and appurtenances thereto in anywise belonging IInto the said Aaron Lavon Pettis and wife, 'Barbara June fettis, their i heirs and assigns forever and do 11ereby bind ourselves, our we heirs. cxeeuto~s' and' adlJlinistrators, 10 ""arrant andliorever Defend, all a,;d singular the said Jlremise~ , ,::,~~:' ":~,~~:::' """"".~:~; ""~:' :"""'"""" '::'''''' ",.'" ,,,,. ", " ",;'" "" """ ", "" ~ .............~~::.(.::~~~.~..s:...:'..'(:",,"''''..~''''''''............... Frances J. Harris FXH'BIr B ~. J'ame.s..Edw.ar;rHarrIs................................................... ................................................................................................ ................................................................................,............... 'I=.....'''I.:.=.'\''''I..-'_ ...~.l.-:::,.~.......'I.~.~::-......,..l.=:..-f.::::-:c:::-.\.,.....l."=....=-'-'-'1..cr.=.~.r..-.:-"'.l..-....l-=".....r=.....=.=........r=;l:'"t( unto the said Aaron Lavon E.ett'is and wife, Barbara June Pettis, their IS e STARTUP PLAN: 3 BREEDER PENS 20x120 FT EACH PEN WITH 8x8 SHELTER 12x24 HATCHING & SUPPLY BLDG TIME TABLE: FACILITIES READY - OCT 89 BIRDS FIRST CHICKS SCALE: 1"=100~ RR0120589 NOV 89 MAR 91 e IS-O' Pot/os i I , I I I I I I r:=t IZHV I I F><,sr/wC, rENt! ^ . EXHIBrr C . . e LONG RANGE PLAN: 12 BREEDER PENS 20x120 SxS SHELTER PLAN FOR 12 2nd YEAR CHICK PENS EACH ABOUT 40X120 ABOUT 10 CHICKS EACH PEN PLAN FOR 10 1st YEAR CHICK PENS EACH ABOUT 50XBO ABOUT 25 CHICKS TO EACH PEN SHELTERS ABOUT 12x16 FOR EACH PEN. HATCHING BUILDING & GARAGE 40x60 PRESERVE SOx80 AREA FOR FUTURE HOMESITE TIME TABLE: BREEDER PENS COMPLETE ~94 1st YR CHICK PENS ~95 2nd YR CHICK PENS ~96 HATCH BLDG & GARAGE ~96 pg.oPOS60 'Bu1LO/I/[., L i^/e' bOo SCALE: 1"=100~ RR0220589 e I I i O. POt/V 5 ~ ~t'f" C€ R. p~,J.s I I I /1, /0 i S ~tO,JD - PlesJ '/ ~ /JrR Y&/tK. ttf-I ~K: U\- \ u: peJ/s P &-,IJ I j , . ,.. ~'f),...A C I . I ,.. ! ",:r r~ r4 ~T t.~ I ~. I PLt~ L I 6f1i?A!,t L . EXHISrr D 22.7 : \ / I. ( / l / / /- /' + x x X ll. (.) a: .0 ,.-..-. . ll. (.) a: .0 ,.., 23.6 l ^ --3 x' _0- __.~ t::-...~ F----- 24. 6 L. . ST. ---::: ---------- ~ a: .0 ,.., x ) t>r.t>r. Or. \\ \1\ \\ '- x~L~ 0 10200 l x x. 1 Do o MATCH SHEET E-13 - EXH'BIT E ~ e e {~ INTER-OFFICE MEMORANDUM september 14, 1989 SUBJECT: Additional Emu Director of CO~ity City Inspec~~ research Development TO: Joel Albrecht, FROM: Mark S. Lewis, I contacted Ms. Carol Nixon, with the Houston Discovery (children's) Zoo. Emu's are displayed children's zoo area. The birds are displayed in a enclosure rather than the petting zoo area. Zoo's in the fenced Ms. Nixon described the birds as non-aggressive startled. When startled the birds usually flee but, escape perceived danger, will defend themselves by powerful kick. but, easily if unable to means of a She further stated that the birds which are very inquisitive by nature, are attracted to and will peck at shiny objects as well as moving or flapping items such as loose articles of clothing. In Ms. Nixon's opinion, the fencing proposed by Mr. Davis is adequate to contain the birds. -She did however suggest either double fencing or a fence mesh which is small enough to prevent the birds from pecking through the fence. She feels the greatest hazard posed by the birds has to do with their pecking. She cited an instance in which a small child put his face up to the fence of an Emu pen and was pecked in the eye. Ms. Nixon also indicated that as with all other types of livestock, there are diseases and parasites which may be passed between Emus or humans and other animals. This however, appears to be fairly, rare with the degree of hazard being a good deal less than is normally associated with other, more conventional forms of poultry and fowl. For further information, Ms. Nixon referred me to Mr. & Mrs. Phillip Minnaa~ of Emu World in Brenham and Mr. John Chapman. I spoke to Mr. Minnaar and he basically confirmed all other information staff has received to date. The Minnaar's maintain a flock of approximately 300 Emu's. To date, the most serious health problem they have experienced is Fowl Pox. This is a disease which is primarily transmitted from chickens. It is not transmittable to humans. Emu Research In addition to he has been involved by Texas A & M Conservation Agency. e e Page 2 his personal experience, Mr. Minnaar stated with extensive research projects, conducted University and the Australian Wildlife Mr. Chapman has not yet returned my call. MSL/mjs xc: Janet Graves and Planning & Zoning Commission e e Joel Albrecht & Janet Graves As promised, I vis~ted tne Houston LOO. I was referred to Carol Nickson who was very knowledgable about emus. Ihe zoo gets b~rds on a rotating basis from John Chatfield, a breeder near Waco (5i2-392-0522). Another breeder who would answer questions is Sue & Phillip Uinnaar at Brenham (409-830-8878). The Zoo vet is Gary Harwell (64i-260i). Carol aovises that there ~s no ooor or noise proDiem. When excited the birds make a noise which can be heard up to 30 feet away. They are normally placid and only get exc~ted when strangers enter their pen. They are a very curious bird and will investigate unusual activity. Their only bad feature is a powerful defensive kick. Emus are the most disease free of all birds. After Carol heard our s~tuat~on she sa~d she saw no problem providing the following conditions were set. o Enclose each pen with an 8 foot high heavy wire mesh or solid board fence. o Provide good drainage. o Prompt feces removal from site. I encouraged her to caii city hall and she was trying to reach Mark Lewis when I left. A side comment. YoU ShOUid send somebody to look at the site. There is a lot of construction debris there includ~n9 Oid roofing, concrete drain tile, metal, etc - an ~deai breed~ng ground for rats since it is mostly overgrown. Zoning should set cleanliness standards. ", e e RECEIVED q -:25- 89' 'H;v CGMM. ~EV. SEPTEMBER 22,1989 602 BRADSHIRE DEER PARK, TEXAS 77536 CITY OF LAPORTE JOEL ALBRECHT PO BOX 1115 LAPORTE, TEXAS 77572-1115 RE: Special Conditional Use SCU89-005 DEAR MR. ALBRECHT, Thank you for your letter of September 15 concerning the results of Planning & Zoning Commission hearing and meeting. I would like to add some clarification to one of the additional conditions approved by that commission: 1. Limit the number of emus to 200. Please add, over 16 weeks of age. If accepted the revised condition would read: Limit the number of emus, over 16 weeks of age, to 200. There will be an overlap each year as eggs are hatched before birds have reached market size. Including newly hatched chicks in the total would be very restrictive. Rewording this to be a maximum of 200 birds over 16 weeks of age, would satisfy that concern and, I think, meet the over crowding concern of the Planning & Zoning Commission. Revised sketches showing the Near Term and Long Range Plan, applying the Planning & Zoning conditions, are attached. Also, I have attached a copy of a brochure from the American Emu Association for your information. I received this recently with other membership information. Please let me know if there are other questions or if I can be of additional assistance. Ij41l~ W.S.DAVIS RR022589 e \\1 D iH L sr~Et T T STARTUP PLAN: I La 1 BREEDER PENS 20x120 FT EACH PEN WITH 8x8 SHELTER _ _ E'i I SJ_I.N Ct__ F_ENL E 12x24 HATCHING & SUPPLY BLDG 012.1.24 g fEEDER PEN) I PONDS I I I SCALE: 1"=100' RR012058 e LONG RANGE PLAN: 12 BREEDER PENS 20x120 EACH WITH AN 8x8 SHELTER PLAN FOR 10 2nd YEAR CHICK PENS EACH ABOUT 46x120 WITH ABOUT 10 CHICKS EA. PLAN FOR 10 1st YEAR CHICK PENS EACH ABOUT 50x80 WITH 10 - 25 CHICKS TO EACH. HATCHING BUILDING & GARAGE 40x60 TIME TABLE: BREEDER PENS COMPLETE -94 1st YR CHICK PENS -95 2nd YR CHICK PENS -96 HATCH BLDG & GARAGE -96 f\1 DRTH e STREET -I I va I I I [00 II 6~~~.{'E. MIO I I J./ATLH\N (-. Ei ~lb I I . .... FIR ST 'IEAR PEN 5 SECOND 'IEAR PENS B RE f D E R PENS E'i-\STHJb tOO ' FONDS I t t1() I I j , ;~~o , i i I vJo I I I ! ,~ L FACTS ON MARKETING the emu are divided from The products derived into four categories: 1 ) MEAT 2) LEATHER 3) OIL 4) FEATHERS EMU EMU farming is one of the most exciting new business concepts of the 1980's. The conversion ratio of feed to meat, the labor efficiency and the space required for an intensive farming practice makes this new agricultural commodity available for most people interested. n )> CD z =i 0 c )> -< 0 ~ ~ .. :;:0 Z m m m .. VI VI ~ VI Z ~ f!1 MEAT The meat is red in color and has a texture and taste identical to a cut of beef. The cholesterol content is less than that of chicken, fish, turkey or beef. In April 1989, an emu seminar was held in Somer- ville, Texas. At this seminar, cooked emu and beef were served identified only by plate A and plate B. After the meal, approximately 65% of the people chose the emu as the beef. LEATHER The hide is very similar to Ostrich hide. Although it is thinner, the appearance and durability are the same. This very fine leather is used for boa shoes, purses, clothing, briefcases, and many at accessories. 01 The Emu is a flightless bird weighing apRroximately 120-150 pounds. This bird is native to Australia. The Emu was imported to U.S., as an exotic, to stock zoos and ranches in the 1930's, 40's, and 50's. The last birds were imported 30 years ago, then the Australian government put an absolute ban on exporting the emu. This is also the present situation. The emu'is of the Ratite bird family in which the Ostrich, Rhea, Kiwi, and Ca,ssowary also belong. 'I';." L Approximately 5 liters of oil can be derived from an emu at processing time. It comes from a layer of fat that lays on top of the meat on the back of the bird. This oil is used mainly in cosmetics. It has a very deep penetrating ability that is used in facial creams for wrinkle retardation and softening of the skin. The oil has been tested at Texas A&M Univer- sity and found to be hypo-allergenic. FACTS ON EMU BREEDING Emu are quite prolific and easy to breed and being a nonaggressive bird, this makes them an ideal bird for anyone to raise. Emu should be bred in pairs, since the female's do not get along well together during the breeding season. Pen sizes can be' as large as an acre, or aS5mall as 30 by 30 feet, having been bred successfully in either size pens, which makes them attractive for country, urban, or even city dwellers. The birds reach maturity from 2 to 3 years of age with first year breeders laying from 10 to 20 eggs their first breeding season, then up to 40 or so eggs in the succeeding seasons. Breeding in the wild has been known to last up to 30 years. The breeding season begins in the early fall and con- tinue's till early spring. Ratite rations are available for both adults and chicks, or many breeders mix their own feeds. Emu are extremely hardy birds, taking both heat and extreme cold very well, hav- ing been bred successfully from Canada to Texas. Most people who start with one or two pair of birds, within a short time nearly always increase the size of their flock. They soon learn that raising emu's is not only very profitable, but also a very interesting and fascinating bird to work with and enjoy. - ~ > :I ~ b- :2. t'D n ~ cu :::- ::s .... m b' 3 > ).. c ~ :g ~ ::::- 0 . n Q jij. - - o. o. ~ .2, .." 0 J: )> o ~ z o. f!' VI -i )> -i f!' -< -< m m VI VI z z o 0 CD 0 :;:0 ~ ~ Z o CD CD ;;0 ;;0 0 o VI Vl ~ :"!J -< ~ ~ )> :;:0 ~ Vl Vl .,., m ~ )> r- m Vl "a .... ~ '" m 1IO ~ ::t ~ U1 o 8 "'" o Ja ~ ~ CD m ~ ::t - -a C c: ~ -i Q IX> n~ 0\.. w;:r .. CD III "'0::;' ><Mm .....w3 CDWC ~...> - '" '" g ii' - cr ::;, '--'---"""... " - '{ ~ American ,Emu \~ FEATHERS The feathers are useful for many things including fashion clothing, feather dusters, and fishing lures. The different markets are being pursued at this time to figure a relative worth for them. . ECONOMICS . EMU 20-40 chicks per year 48-5.2 days gestation VI. CA ITLE 1 calf per year 9 month gestation .SALE PRICE $500 for 2 month old chick SALE PRICE $400-600 for 6 month old calf Association AMERICAN EMU ASSOCIATION e The American Emu Association was formed by the current Emu breeders for the purpose of promoting Emu farming and marketing of the ena products. INCpME - EMU $10,00Q...20,000 - GROSS YEARLY CA ITLE $400-600 We are inviting other people into this industry as we feel we have a very bright and profitable future. If you are interested in visiting an'Emu farm or ~ould Iif<e mor~ information on' Emu farming, plea~e ~ontact: · American Emu Association HC 63 Box 231' Harper, Texas 78631 (512) 997-:6201 · These are prices for the Spring of 1989. Sale prices for chicks have increa~ed since this time. " * If you are interested in purchasing emus please contact the American Emu Association for a reputable breeder in your area. ~ e e CITY OF LA PORTE PHONE(713)471.5020 . P.O.8oxII15 . LAPORTE. TEXAS 77571 October 4, 1989 Honorable Mayor Norman Malone & City Council City of La Porte RE: Special conditional Use Permit Request #SCU89-005 Dear Mayor Malone, The Planning & Zoning Commission at our September 14, 1989 public hearing and regular meeting, considered the request by Mr. William Davis for a Special Conditional Use Permit. The permit is requested to allow Mr. Davis to develop a facility for the breeding and raising of emu's. The Commission, by unanimous vote, recommended approval of Mr. Davis' request subject to the conditions listed in the attached Special Conditional Use Permit #SCU89-005. ReC:;lX= J~~'~::ves, Chairman Planning & Zoning Commission e . <g e e CITY OF LA PORTE SPECIAL CONDITIONAL USE PERMIT ordinance #1501 permit NO. scu89-0005 CLF Job No. N/A This permit issued to: Mr. William Davis Owner or Agent 602 Bradshire, Deer Park, Texas Address For Development of: Ratite Ranch (For the breedinq & raisinq of emu's) Development Name (Not yet assiqned) 10100 Blk North "L" Address West 1/2 of Outlot 444, La Porte Outlots Legal Description Zoning: R-1 PERMIT CONDITIONS Failure to begin construction within one (1) year after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning commission. If construction is terminated after the completion of any stage and there is ample evidence that further development is not contemplated the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Additional Conditions (See Exhibit A) Validation Date: October 9, 1989 Zoning Administrator City Secretary e e EXHIBIT A Conditions for Special Conditional Use Permit 'SCU89-005 1. Bird pens shall be located a minimum of 200 feet from the front property line. 2. A maximum of 200 emu's shall be housed on this property at anyone time. 3. No other type without prior Commission. of livestock shall be housed on this property approval from the Planning & Zoning 4. Facility shall comply with La Porte Ordinance #1358 and its future revisions and amendments. '. e e C.NSI.E~ GUNTING SPECIAL C.NJITI.NAL USE PEftMIT Te WILLIAM S. 'AVIS, 'BA ~TITE ftANCH, T. ALL8W ~ISING AND EREEDING OF EMUS - J. Albrecht Motion by Second by -~~~C'l FOR VOTE: J--u;V " Motion carried / Defeated t /) Jt,1\..U. ct- "tc ct H'<t AGAINST Tabled ABSTAIN e . '1 e e REQUEST FOR CITY COUNCIL AGENDA ITEM AGENDA DATE REQUESTED October 9, 1989 REQUESTED BY Jeff Litchfield DEPARTMENT Finance REPORT RESOLUTION x ORDINANCE EXHIBITS: SUMMARY AND RECOMMENDATION On September 11, 1989, the City Council adopted the Fiscal Year 1989-90 Budget. The budget was built around a Tax Rate of 71 cents per hundred dollar valuation. On September 25, 1989, the City Council held a public hearing to discuss setting the Tax Rate at 71 cents per hundred. Passage of the attached ordinance will officially establish the Tax Rate for Fiscal Year 1989-90 at 71 cents. ACTION REQUIRED BY COUNCIL: Adopt Ordinance AVAILABILITY OF FUNDS: GENERAL FUND UTI L ITY FUND OTHER ACCOUNT NUMBER: FUNDS AVAILABLE: YES NO APPROVED FOR CITY COUNCIL AGENDA G<~ T. ~ ROBERT T HERRERA CITY MANAGER \Q. '-\ -%'~ DATE e e ORDINANCE NO. /&61 AN ORDINANCE LEVYING TAXES UPON TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO TAXATION IN THE CITY OF LA PORTE, TEXAS; MAKING APPROPRIATIONS FOR SUPPORT, MAINTENANCE, AND IMPROVEMENT OF THE CITY GOVERNMENT OF SAID CITY OF LA PORTE; FINDING THAT ALL REQUIRED NOTICES HAVE BEEN PUBLISHED AND ALL REQUIRED HEARINGS HELD; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; 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. That there is hereby levied for the current fiscal year beginning October 1, 1989, and ending September 30, 1990, on all real property situated and all personal property owned within the taxable limits of the said City of La Porte, on the first day of January, 1989, except so much as may be exempt under the constitution and laws of the United States, this State, and the City of La Porte, the following taxes: (1) An Ad Valorem Tax of and at the rate of five one point seven five cents (.5175) on the one hundred dollars ($100.00) cash value thereof, estimated in lawful currency of the United States for the current expenses for the support, maintenance, and improvement of the City Government of said City of La Porte; and (2) An Ad Valorem Tax of and at the rate of one nine point two five cents ($.1925) on the one hundred dollars ($100.00) cash value thereof, estimated in lawful currency of the United States, to pay current interest on and provide one year's sinking fund and to pay all of the Principal and interest accruing on all outstanding general obligation bonds and certificates of obligation lawfully issued by the City of La Porte. That this provides the sum of total Ad Valorem tax at the rate of seventy-one cents ($.71) on the one hundred dollars ($100.00) cash value thereof, estimated in lawful currency of the United States. Section 2. All property upon which a rate of taxation is hereinabove levied shall be assessed on a ratio of one hundred percent (100X) of the estimated market value thereof. e e Section 3. That the sums hereinafter accruing and collected from the hereinabove taxes so levied be and the same are hereby appropriated for the support, maintenance, and improvement of the City Government of the City of La Porte. Section 4. The City Council officially finds, determines, recites and declares that all notices required by law have been published, and that a public hearing as required by law was duly called and held, and that all matters prerequisite to the establishment and levy of an ad valorem tax have been accomplished, all as required by the laws of the State of Texas, and the Home Rule Charter of the City of La Porte. Section 5. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. Section 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. 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 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. e . . . , . Section 8. This Ordinance shall be in effect from and after its passage and approval. PASSED AND APPROVED this the 9th day of October, 1989. CITY OF LA PORTE By Norman Malone, Mayor ATTEST: City Secretary APPROVED: City Attorney e . " . ~ CONSIDER ORDINANCE SETTING FY 1989-90 TAX RATE (Ord. l669) - J. Litchfield VOTE: w~ (j~ FOR AGAINST ABSTAIN Motion by Second by Waters Coo e Matus McLaughlin Porter Gay CSkel~ Clar e Malone J<;[ Motion carried ~ Defeated Tabled e - If) e . REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October q, 1q8q Requested By: R. Herrera Department: City Manag$r Repo rt Resolution x Ordinance Exhibits: Ordinance 915-BB Pertinent back up for Ordinance SUMMARY & RECOMMENDATION Enterprise Products Company has requested a permit under Section 18-A-3 of Ordinance 915, the City's pipeline ordinance. They wish to construct and operate a 6-inch pipe line for transportation of a mixture of butane and propane. Director of Public Works Steve Gillett has reviewed the request, and all requirements of Ordinance 915 have been met. The attached ordinance approves the permit request for Enterprise Products Company. Action Required by Council: Adoption of Ordinance' 915-BB Availability of Funds: N/A General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other (Motor Pool Replacement Fund) Account Number: Funds Available: YES' NO A>>proved for City Council Agenda Qtt{ Robert T. Herrera City Manager 1 ~ -~-~ DATE e . GULLETT & ASSOCIATES. INC. 7705 SOUTH LOOP EAST P O. BOX 230187 HOUSTON. TEXAS 77223 PH. 644-3219 October 3, 1989 Mr. steve Gillett Director of Public Works city of LaPorte Post Office Box 1115 LaPorte, Texas 77572-1l15 Re: Proposed six inch (6") pipeline crossing through the City of LaPorte, Texas, Enterprise Products Company Dear Mr. Gillett: Please find enclosed herewith, alignment sheets showing the route of the above referenced item, a check in the amount of Three Hundred Dollars ($300) for application fee. Construction of said pipeline to commence on October 30, 1989. said pipeline will carry liquefied petroleum gas products, mainly a mixture of forty percent (40%) Butane and sixty percent (60%) Propane. Carrier pipe specifications are: 6.625" O.D. X 0.280 W.T. (18.97 lbs/ft.) X-46 ERW pipe TGF-3 coating Test Pressure 2,200 P.S.I.G. Min. Yield strength 46,000 P.S.I. Max. operating Pressure 1500 P.S.I. Operating Temperature 680F Thank you for your cooperation on this matter. notify me upon the approval. If you have any questions please contact me at 713/644-3219. Please Very truly yours, ~~ Don Huebner DH/dk Enclosures /TENNECO I . . I e ORDINANCE NO. 915-BB e AN ORDINANCE GRANTING A ~ERMIT UNDER SECTION 18-1-3 OF ORDXNANCE NO. 915, "PIPELINE TRANSPORTATION," BEING CHAPTER 18-A OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, DATED NOVEMBSR 25, 1975, TO CONSTRUCT A 6-INCH PIPE LINE FOR THE TRANSPORTATION OF 9UTANE/PROPANE MIXTURE; AND PROVIDING AN EFFECTIVE DATE HEnEOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Po~te has received an application dated October 3, 1989, from ENTERPRISE P HODUCTS COMPANY, y'equesting a permi i:. under' Section 18-.'\-3 :of Or'dinance 915, being Chapter' 18-1'. of t.he Code ()f Or'di.nances of the City of La Porte, to construct and operate its 6-inch pipe .line for the transportation of a mixture of 40 percent butane a~d 60 percent prop~ne, crossing the City of La Porte, all ad sho~n on 9aid application. The ~pplication of ENTERPRISE PRODUCTS COMPANY has been r'evie\o/ed by the City's Dit'ector of Public 1.o1or'ks, who has found that s&id application meets all requirements of said: Ordinance No. 915, and has recDmmended its approval. Section 2. The City Council of the City of La Porte hereby approves the application of ENTERPRISE PRODUCTS CO~PANY, dated October 3, 1989, and this Ordinance shall constitute a per~it to ENTERPRISE PRODUCTS COMPANY to operate said pipe line within the City of !..a Pot'te, alJ. in c'onfor'l11ance with the requirements: of ::lR:i.d Ordinunce No. 915. ~(:ti;..Q.r.L3.. This Ordinance shall be i.n full for'ce and' effect, from and after its passage and approval: PASSED AND APPROVED, thin the 9th day of October, 198~. CITY OF U\. PO RTE _a____...__.__ ___--__ Nonnan L. Halorle, r-layo r' 1\ TTEST: -.. --......- ----.------.. Cl1e!~ie Black, City Secretf.lt'Y !\.?? ROVED: J( r) ("' v \,' 1\ c:l.- l' !1 S .. II '.. I... .... _..... , Ci. t~, Attoy'ney ,r.. . . I I e e '- --.----- -.---- ~-._---------- -, ~ ------:::::_--., ----, '-. .~--....... '-'. -----.....-..... .', c . ~:::::':::;' ) ~-:::::-- --( ~-~ I ~ _ _...._ __=_-'-_ ~ \ \ ~ - .- -- . L \~- -- . ) r NORTH ~ ~ r- )( o -'< x __ ........ ---..~--- / NORTH K ~ ~ SCALE:, I":: 100. .., ----- \ l r e e CONSIDER ORDINANCE GRANTING PIPELINE PERMIT TO ENTERPRISE PRODUCTS COMPANY (Ord. 915-BB) - R. Herrera Motion by Second by VOTE: Waters c?oE.~r;ill 'lVfat\lsz McLaughlin Porter .~~y,---- . It.m::C:::> Clarke Malone Motion carried V~ {!/!~ FOR /Defeated AGAINST ABSTAIN Tabled e e II e e REOUEST FOEL~ITY COUNCIL AGENDA ITEM Ag end a D ate Re que s t e d : Oc t oJ~).e J:..-9.,__.llaL Re que s t e d By: _R...J:!.~.rI_~La.______.__ Department: ~i~nageJ::'_____ .. Repo rt "."."""X Resolution Ordinance Exhibits: Correspondence from HCAD Memo from Mayor Malone to Council ResoluU.on 89-15 ,.. --_._- ~ _._"._~--~-.. SUMMA RY .JLJIE CJ)MME N12AJI 0 N Members of the Board of Directors of the Harris County Appraisal District serve two-year terms beginning January 1 of each even-numbered year. The election of members of the Board must be conducted this fall to select those persons who will serve for the terms beginning January 1, 1990 and ending December 31, 1991. One of the members of the Board is selected by the governing bodies of all incorporated cities and towns, excluding the City of Houston, within the appraisal District. An individual must be a resident of the Harris County appraisal District and must have resided in the District for at least two years immediately preceding the date he or she takes office. An individual may serve on the governing body of a taxing unit in the Appraisal District and still be eligible to serve as a director. However, an employee of a taxing unit that participates in the Harris County appraisal District is not eligible to serve on the District's Board of Directors unless such individual is also a member of the governing body or an elected official of a taxing unit that participates in the District. For example, a member of the governing body of a school district who is also a city employee would be eligible to serve on the appraisal District's Board of Directors. The time line for appointment to the Board is as follows: On or before October 16, 1989 - submit nomination to Chief Appraiser of HCAD. On or before October 30, 1989 - ballot delivered to city by Chief Appraiser of HCAD. On or before November 15, 1989 - pass resolution casting vote for one candidate of its choice and submit to Chief Appraiser. On or before December 1, 1989 - ballots 1,..]i11 be counted, results declared, and same submitted to governing body of each city and town and to each candidate nominated by such c~.i:.-~r or cOlt.Jn. The attached resolution is for Council1s consideration in naming a nominee to the Harris County Appraisal District Board of D :i. r'ec to rs . Action Required by Council: Nominate candidate by Res. 89-15 _._---_._._-_._--_._~.._-_..... _.,~_._._._~-_. .- Availability of Funds: MIA Approved for City Council Agenda G~l, ~ Robert T. Herrera City Hanagel' \D-l.\, 4~q DATE -,---- ,'- -- ." e e Harris County Appraisal District OFFICE OF CHIEF APPRAISER \\\\"'UIUIUlII"'"t:,,, ", .,p.. '" /"~'~"'1,.1" 'f.4/.r4;"""+- c..~ <. I W~ ~~ !~ " .... ~\ I: !!~ :c n= i $ "'"' ~ '""'f: \. s j \ ,/ ~~'''1. It . .. 1\\"\"'~" """"'"1111111111\\\\\\\\\ September 7,1989 2800 North Loop West P.O. Box 920975, Houston, Texas 77292.0975 Telephone 713-683.9200 The Honorable Norman L Malone Mayor City of La Porte P.O.Boxll15 La Porte, TX 77572-1115 Re: Selection of Members of the Board of Directors Harris County Appraisal District Dear Mayor Malone: Section 6.03 of the Property Tax Code confers on the chief appraiser of an appraisal district the ministerial functions for the election of members of the board of directors of an appraisal district. Members of the Board of Directors of the Harris County Appraisal District serve two- year terms beginning January 1 of each even-numbered year. Accordingly, the election of members of the Board of Directors must be conducted this fall to select those persons who will serve for the terms beginning January 1, 1990, and ending on December 31,1991. Pursuant to the provisions of the Property Tax Code and resolutions adopted in 1981 by more than three-fourths of the taxing units entitled to vote on the selection of members of the Board of Directors of the Harris County Appraisal District, the Board of Directors is composed of five members. Of this number, one director is appointed by the Commissioners Court of Harris County; one is appointed by the City Council of the City of Houston; one is appointed by the Board of Trustees of the Houston Independent School District; one is selected by the governing bodies of all incorporated cities and towns, excluding the City of Houston, within the Appraisal District; and one is selected by the governing bodies of all school districts, other than the Houston Independent School District, within the Appraisal District. To be eligible to serve on the Board of Directors, an individual must be a resident of the Harris County Appraisal District and must have resided in the District for at least two years immediately preceding the date he or she takes office. An individual may serve on the governing body of a taxing unit in the appraisal district and still be eligible to serve as a director. Section 6.03 of the Property Tax Code provides, however, that an employee of a taxing unit that participates in the Harris County Appraisal District is not eligible to serve on the District's Board of Directors unless such individual is also a member of the governing body or an elected official of a taxing unit that participates in the District. By way of example, a member of the governing body of a school district who is also a city employee would be eligible to serve on the Appraisal District's Board of Directors. e e " Selection Process, Board of Directors September 7, 1989 Page 2 House Bill 432, passed by the 1988-89 legislature adds provisions to the Tax Code, effective September 1, 1989, which prohibit nepotism and conflicts of interest for appraisal district directors. Amendments made to Sec. 6.05 bars the chief appraiser from employing any person who is related to an appraisal district director. The provision would apply to existing appraisal district employees. Under the new See. 6.035, a board member is barred from serving if the member is related to a person who is in the business of appraising property in or represents property owners for a fee in proceedings in the appraisal district. Relatives barred are those within the second degree by consanguinity (blood) or affinity (marriage). These persons include: Spouse; children; brothers and sisters; parents; grand- parents; grandchildren; aunts and uncles; and brothers-in-law and sisters-in-law. The spouse's relatives in the same degree are included. Under the new See. 6.036, certain contractors are barred from serving as directors. A person is ineligible to serve if he or she, or a business in which he or she has a substantial interest, enters into a contract with the appraisal district or a taxing unit in the district if the contract activity is governed by the code. Substantial interest is defined as the person and person's spouse having a combined ownership of at least ten percent (10%) of the voting stock or shares of a business, or the person or person's spouse is a partner, limited partner, or an officer of a business. This section also bars an appraisal district from contracting with a board member or a business entity in which a board member has a substantial interest. Additionally, it bars a taxing unit from making a tax-related contract with a member of the board of directors or a business entity in which the member has a substantial interest. The procedures to be employed in the selection of members of the Board of Directors of the Harris County Appraisal District for the two-year term commencing on January 1, 1990, are as follows: FOR CITIES AND TOWNS OTHER THAN THE CITY OF HOUSTON Each city and town, other than the City of Houston, may nominate one candidate for that position on the Appraisal District's Board of Directors to be filled by such cities and towns. Such nomination must be by resolution duly adopted by the governing body of such city or town. On or before October 16, 1989, the presiding officer of each governing body making such a nomination must submit the name of such city's or town's nominee to the Chief Appraiser of the Harris County Appraisal District. Such submittal should be in the form of or accompanied by a certified copy of the resolution making such nomination. e e # Selection Process, Board of Directors September 7, 1989 Page 3 On or before October 30, 1989, the Chief Appraiser of the Harris County Appraisal District will prepare a ballot, listing the candidates nominated by such cities and towns alphabetically according to the first letter in each such candidates surname, and deliver a copy of such ballot to the presiding officer of the governing body of each such city and town. On or before November 15, 1989, the governing body of each such city and town shall cast, by resolution, its vote for the one candidate of its choice and submit the same to the Chief Appraiser. Such submittal should be in the form of or accompanied by a certified copy of such resolution. On or before December 1, 1989, the Chief Appraiser will count the votes cast by such cities and towns, declare the results thereof, and submit the same to the governing body of each such city and town and to each of the candidates nominated by such cities and towns. In the event of a tie vote, the same will be resolved by a method of chance chosen by the Chief Appraiser. FOR SCHOOL DISTRICTS OTHER THAN THE HOUSTON INDEPENDENT SCHOOL DISTRICT The candidates nominated and the candidate selected by all school districts, other than the Houston Independent School District, within the Harris County Appraisal District shall be nominated and selected by such school districts at the same time and in the same manner as that heretofore described for all cities and towns, other than the City of Houston, within the Harris County Appraisal District. FOR THE COUNTY OF HARRIS, THE CITY OF HOUSTON AND THE HOUSTON INDEPENDENT SCHOOL DISTRICT On or before December 1, 1989, each of the governing bodies of the County of Harris, the City of Houston, and the Houston Independent School District shall appoint, by resolution, one member to the Board of .Directors of the Harris County Appraisal District for a two-year term of office commencing on January 1, 1988. On or before December 1, 1989, each such governing body shall deliver or cause to be delivered a certified copy of the resolution appointing its representative to such Board of Directors to the Secretary of the Board of Directors of the Harris County Appraisal District. e e . Selection Process, Board of Directors September 7, 1989 Page 4 The names and addresses of the Secretary of the Board of Directors and the Chief Appraiser of the Harris County Appraisal District are as follows: Mr. M. o. Campbell Secretary, Board of Directors Harris County Appraisal District 2800 North Loop West, 8th Floor P. O. Box 920975 Houston, TX 77292-0975 Mr. Kenneth E. Graeber Chief Appraiser Harris County Appraisal District 2800 North Loop West, 8th Floor P. O. Box 920975 Houston, TX 77292-0975 To assist you in the procedures heretofore described, I have enclosed a suggested form of resolution for the nomination of a candidate to the Board of Directors of the Harris County Appraisal District. Should you have questions regarding the procedure discussed herein, please contact our office at 957-5291. Wi h kindest regards, ~ KEG/mjh Enclosures cc: City Manager City Secretary Tax Assessor e e MEMORANDUM September 28, 1989 TO: City Council Members FROM: Mayor Norman Malone through Cherie Black, City Secretary SUBJECT: Harris County Appraisal District Nominations Bill Black, former Mayor of Deer Park, is interested in being a nominee for the Harris County Appraisal District Board. You might keep this in mind as a possible candidate when we consider nominations for this position at our October 9 Council meeting. e e t \ RESOLUTION NO. 89-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, NOMINATING A CANDIDATE FOR A POSITION ON THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT WHEREAS, those cities and towns, other than the City of Houston, within the Harris County Appraisal District have the right and responsibility to elect one person to the Board of Directors of the Harris County Appraisal District for a term of office commencing on January 1, 1990, and extending through December 31, 1991i and WHEREAS, this governing body desires to exercise its right to nominate a candidate for such position on said Board of Directors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: section 1. That the facts and recitations set forth in the preamble of this Resolution be, and they are hereby, adopted, ratified, and confirmed. X~ c~;~~/;. AJ t , be, and he or she is hereby, nominated as a candidate for that position on the Board of Directors of the Harris County appraisal District to be filled by those cities and towns, other than the City of Houston, within the Harris County Appraisal District for a two-year term of office commencing on January 1, 1990. Section 2. That section 3. That the presiding officer of the governing body of this taxing unit be, and he is hereby, authorized and directed to deliver or cause to be delivered a certified copy of this Resolution to the Chief Appraiser of the Harris County appraisal District on or before October 16, 1989. PASSED AND APPROVED, this the 9th day of October, 1989. CITY OF LA PORTE Norman L. Malone, Mayor ATTEST: Cherie Black, City Secretary . , I J e e CONSIDER RESOLUTION APPOINTING NOMINEE TO HARRIS COUNTY APPRAISAL DISTRICT BOARD (Res. 89-15) - R. Herrera Motion by Second by fj~.. ~OR VOTE: AGAINST ABSTAIN Waters coo~er c::::-Rat ~7.a.V McLaughlin Porter Gay ~. .-el~ Clarke Malone Motion carried ~eated Tabled e e /~ REQUe- Fon CITY COUNCIL AGENDA~ Agenda Date Requested: October 9, 1989 Hequested By: Robert T. Herrera Department: La Porte Area Water Aut hor it y Ordinance XX Report Resolution Exhibits: Line Item Budget for 1989/90 La Porte Area Water Authority SUMMARY << RECOMMENDATION The initial operating budget for the Fiscal Year (FY) 1989/90 operation ol the La Porte Area Water Authority was presented to the Authority's Board of Directors at the regular scheduled meet ing called on July 11, 1989. The Board unallimously voted to approve the budget as presented. The enabling legislation that created the Authority requires the La Porte City Council approve the Authority's budget. Included in the budget are funds for the operation and maintenance ol the Authority's facilities, funds for the purchase of treated surface water from the Southeast Water Purlficatlon Plant, and funds allocated for the debt service payments for fJscal year 89/90. Funding of the budget will be from revenues collected from the sale of water by the Authority to its customers: the Cities of La Porte, Morgan's Point, and Shoreacres. Starf recommends approval of the FY 1989/90 Operating Bud*et tor the operation of the La Porte Area Water Authority lor the fiscal year beg inn i n g Oc t 0 b e r 1 , 1 989 . Action Required by Council: Approve FY 1989/90 Operating Budget for the operation of the La Porte Area Water Authority. ................-...-...........-.-..--...----- Availability ol Funds: General Fund Capital Improvement Other Wa t er /Was t ewat er General Revenue Sharing Account Number: Funds Available: ____yES ____ NO Q~.__L___~____ Approved for City Council A2enda \'0 -~-gC\ DATE Robert T. Herrera Cft y Manager . e DEPARTMENT NUMBER: DEPARTMENT NAME: LA PORTE AREA WATER AUTHORITY ACCOUNT ACCOUNT TITLE SUBTOTAL SUBTOTAL 201 OFFICE SUPPLIES 202 POSTAGE 215 OTHER SUPPLIES 401 OFFICE EQUIPMENT 402 MACHINERY,TOOLS,& EQUIPMENT 412 WATER LINE MAINTENANCE 503 LEGAL AUDIT 507 OTHER PROFESSIONAL SERVICES 602 PRINTING AND REPRODUCTION 607 INSURANCE 701 ELECTRICAL 703 TELEPHONE PRIOR YEARS' O&M COSTS* COi'H I NGENCY 704 v.JATER DEBT SERVICE-SERIES I DEBT SERVICE-SERIES II TOTAL *ONE-TIME CHARGE ONLY e FY 8'3 -'30 REQUESTED 25() 100 150 3000 3800 2500 3000 5000 41200 250 4250 2500 8000 115000 634'33 252~~'3~3 5251333 418133 403441 1347507 1600000 /) f- A', r,) t,tl (Iv""" e e CONSIDER APPROVING LA PORTE AREA WATER AUTHORITY BUDGET - R. Herrera Motion by Second by VOTE: Motion carried ~ FOR Defeated AGAINST ABSTAIN Tabled e e /3 e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: OCTOBER 9, 1989 Requested By: STAN SHERWOOD Department: PARKS & RECREATION x Report Resolution Ordinance Exhibits: 1. BID TABULATION FOR LIGHT FIXTURES AND CROSSARMS SUMMARY & RECOMMENDATION Sealed bids #0332 for light fixtures and crossarms were opened on September 18, 1989. Invitations for bidding these materials, were mailed to six area suppliers, four of the suppliers responded with bids. Superior Electric submitted the low bid in the amount of $7,010.24. The fixtures will provide lighting for two soccer fields at the Northwest Park. Action Required by Council: Approval of Superior Electric's bid for light fixtures and crossarms in the amount of $7,010.24. Availability of Funds: General Fund Water/Wastewater X Capital Improvement General Revenue Sharing other - Federal Revenue Sharing Account Number: 011-800-802-500 Funds Available: x YES NO Approved for City Council Aqenda Q~T, Robert T. Herrera City Manager }~ \0-'3 -~'\ Date e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM SEPTEMBER 19, 1989 Stan Sherwood, Director of Parks & Recreation Louis Rigby, Purchasing Manager~~ SUBJECT: Sealed Bid #0342 - Light Fixtures TO: FROM: Advertised, sealed bids #0342 for light fixtures and crossarms were opened on September 18, 1989. Bid requests were mailed to six area suppliers with four returning bids. Low bid was submitted by Superior Electric in the amount of $7,010.24 with a 30 day delivery. Please submit your recommendation with an agenda request form by the prescribed time before the next regular council meeting. If there is a need to delay bringing this bid before council, please notify me. LRlgr Attachment: Bid Tabulation xc: Bert Clark, wi attachment e e SEALED BID 110342 SUPERIOR WILDCAT A.C.C G. E. LIGHT FIXTURES ELECTRIC ELECTRIC LECTRICAL SUPPLY SUPPLY SUPPLY 1. 1500 WATT METAL HALIDE 180.41 188.50 232.00 257.00 LIGHT FIXTURE - INCLUDING LAMP EXTENDED PRICE 5,773.12 6,032.00 7,424.00 8,224.00 2. CROSSARM 154.64 172.75 93.00 240.00 EXTENDED PRICE 1,237.12 1,382.00 744.00 1,920.00 I 3. TOTAL 7,010.24 7,414.00 8,168.00 10,144.00 4. DELIVERY IN DAYS 30 21 14-21 35 - . - . . e e CONSIDER AWARDING BID FOR LIGHT FIXTURES AND CROSS ARMS AT NORTHWEST PARK - S. Sherwood Motion by Second by VOTE: Jkt~~t-; Motion carried 'f)f~ .nt;7 A--- FOR ~. Defeated #-~f) /0,:2 ~ AGAINST Tabled ABSTAIN e e /4, /~ '. --....... .../ C<iUNCIL ACTI@)N (j)J) , , L~' .WATERS:~ ~ - ~-;t6 (?..,;t-: _ ;iJft.u.- ~ @di~p"?fv.. ~~~~~. 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