HomeMy WebLinkAbout1991-04-22 Regular Meeting•
MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL
APRIL 22, 1991
1. The meeting was called to order by Mayor Malone at 6:00 P.M.
Members of City Council Present: Mayor Norman Malone,
Councilpersons Guy Sutherland, Mike Cooper, Ed Matuszak, Bob
McLaughlin, Alton Porter, Deotis Gay, B. Don Skelton, Jerry
Clarke
Members of City Council Absent: None
Members of City Staff Present: City Manager Bob Herrera, City
Attorney Knox Askins, City Secretary Cherie Black, Assistant
City Manager John Joerns, Director of Community Development
Joel Albrecht, Director of Public Works Steve Gillett,
Director of Finance Jeff Litchfield, Acting Police Chief Tom
Neely, Fire Chief Joe Sease, Chief Building Inspector Ervin
Griffith, Fire Marshal Paul Hickenbottom
Others Present: Roy Johnson and Scott Gray, DuPont; Brent
Ryan; 8 citizens
2. The invocation was given by Mayor Malone.
3. Council considered approving the minutes of the regular
meeting of Council held April 8, 1991.
Motion was made by Councilperson Skelton to agt~rove the April
8 minutes as presented. Second by Councilperson Clarke. The
motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Matuszak,
McLaughlin, Porter, Gay, Skelton, Clarke and Mayor
Malone
Nays: None
4. The Mayor proclaimed Professional Secretaries Week to be April
21-27, 1991. Josie Martinez and Marian Wilson accepted the
proclamation on behalf of the Professional Secretaries
Association.
5. Roy Johnson, plant manager of the La Porte DuPont facility,
addressed Council regarding the explosion at that plant.
Council thanked Mr. Johnson for his report and expressed
appreciation that Mr. Johnson had made the effort to do so.
Mrs. Marie Anderson, 8526 Barrybrook, addressed Council
requesting help in getting culverts put in at her property on
South Brownell,. where she plans to build a house.
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Minutes, Regular Meeting, La Porte City Council
April 22 1991, Page 2
6. Council considered an ordinance adopting provisions of Chapter
92, Texas Property Code, .relating to smoke detectors in
residential dwelling units which are rented or leased.
The City Attorney read: ORDINANCE 1093-C - AN ORDINANCE
ADOPTING THE PROVISIONS OF CHAPTER 92, TEXAS PROPERTY CODE,
RELATING TO SMOKE DETECTORS IN RESIDENTIAL DWELLING UNITS
WHICH ARE RENTED OR LEASED; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT ANY PERSON
VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE FINED IN ANY
SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00); PROVIDING
CIVIL REMEDIES; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
Fire Marshal Paul Hickenbottom reviewed the reasons for the
changes to the ordinance. The proposed ordinance will track
State law more efficiently. Discussion by Council followed.
Motion was made by Councilperson McLaughlin to table this item
for a workshop. Second by Councilperson Skelton. The motion
carried, 5 ayes and 4 nays.
Ayes: Councilpersons Sutherland, Matuszak, McLaughlin,
Gay, and Skelton
Nays: Councilpersons Cooper, Porter, Clarke and Mayor
Malone
The City Manager asked for direction from Council. Consensus
was that more information is needed on what can and cannot be
done and that legal counsel be consulted regarding this.
7. Council considered an ordinance authorizing an agreement with
Harris County for food establishment sanitation regulation
enforcement .
The City Attorney read: ORDINANCE 1743 - AN ORDINANCE OF THE
CITY OF LA PORTE, PROVIDING FOR THE SALE OF ONLY SOUND,
PROPERLY LABELED FOOD; ESTABLISHING SANITATION STANDARDS FOR
FOOD PROTECTION AND SERVICE; ADOPTING BY REFERENCE TEXAS
DEPARTMENT OF HEALTH "RULES ON FOOD SERVICE SANITATION" AND
"RULES ON RETAIL STORE SANITATION," AND THE "RULES ON FOOD
SERVICE SANITATION FOR HARRIS COUNTY, TEXAS"; REQUIRING
PERMITS FOR THE OPERATION OF FOOD ESTABLISHMENTS; DESIGNATING
THE DIRECTOR OF THE HARRIS COUNTY HEALTH DEPARTMENT AS THE
HEALTH AUTHORITY; REQUIRING FOOD SERVICE MANAGER CERTIFICATION
IN FOOD SANITATION; AND PROVIDING REMEDIES AND PENALTIES FOR
VIOLATIONS OF THE ORDINANCE.
•
Minutes, Regular Meeting, La Porte City Council
April 22, 1991, Page 3
Motion was made by Councilperson Clarke to adopt Ordinance
1743 as read by the City Attorney. Second by Councilperson
Cooper. The motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Matuszak,
McLaughlin, Porter, Gay, Skelton, Clarke and Mayor
Malone
Nays: None
8. Council considered approving a tax refund in an amount over
$500.00.
Motion was made by Councilperson Cooper to approve a refund
in__the amount of $1,479.13 to Commonwealth Land & Title.
Second by Councilperson Clarke. The motion carried, 9 ayes
and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Matuszak,
McLaughlin, Porter, Gay, Skelton, Clarke and Mayor
Malone
Nays: None
9. Council considered approving a tax refund to FMC.
Motion was made by Councilperson Skelton to approve a tax
refund to FMC in the amount of 54.281.27. Second by
Councilperson Gay. The motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Matuszak,
McLaughlin, Porter, Gay, Skelton, Clarke and Mayor
Malone
Nays: None
10. Council considered authorizing purchase of a 1990 trash truck
from Knapp Chevrolet.
Motion was made by Councilperson Skelton to reject this and
ask staff to qo back out for two more bids, at least. Second
by Councilperson Matuszak.
Motion was made by Councilperson Clarke to amend the motion
to state reject the purchase of the truck, period. Second by
Councilperson Sutherland. The motion failed, 2 ayes and 7
nays.
Ayes: Councilpersons Sutherland and Clarke
Nays: Councilpersons Cooper, Matuszak, McLaughlin, Porter,
Gay, Skelton. and Mayor Malone
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Minutes, Regular Meeting, La Porte City Council
April 22, 1991, Page 4
The original motion was voted, and failed, 4 ayes and 5 nays.
Ayes: Councilpersons Matuszak, McLaughlin, Gay and Skelton
Nays: Councilpersons Sutherland, Cooper, Porter, Clarke
and Mayor Malone
Motion was made by Councilperson Porter to authorize purchase
of a trash truck as submitted by staff. Second by
Councilperson Cooper. The motion carried, 5 ayes and 4 nays.
Ayes: Councilpersons Sutherland, Cooper, Porter, Clarke
and Mayor Malone
Nays: Councilpersons Matuszak, McLaughlin, Gay and Skelton
11. Administrative Reports
The City Manager reported that he had received a letter from
Mr. Don Holloway, CEO of International Cargo Network,
expressing thanks for the cooperative and enthusiastic support
of their project in La Porte. The Mayor had gotten a
telephone call announcing a ribbon cutting at ICN on May 17.
Mr. Herrera distributed packets to Council entitled
"Beneficial Uses" received from the Interagency Coordination
Team of the Port of Houston Authority. This packet was put
together by the Beneficial Uses Work Group "to develop a
disposal plan that utilizes dredged material in an
environmentally sound and economically acceptable manner that
incorporated as much as possible other public benefits into
its design." Mr. Herrera requested that a joint workshop with
the Planning and Zoning Commission be held in late May to
pursue ideas that could be submitted for consideration by the
Work Group.
Director of Public Works Steve Gillett addressed Council to
present a plan to start a recycling center for La Porte. Mr.
Gillett made a comprehensive presentation, and announced that
plans are to begin recycling on June 1, and have a flexible
drop-off center to be open the first and third Saturday of
each month.
12. Council Action
Councilpersons Sutherland, Cooper, Matuszak, McLaughlin,
Porter, Gay, Skelton, Clarke and Mayor Malone brought items
to Council's attention.
•
•
•
Minutes, Regular Meeting, La Porte City Council
April 22, 1991, Page 5
13. Council adjourned into executive session at 7:43 P.M. to
address the following: (A) Under V.A.T.S. Article 6252-17,
Section 2(E) - (Legal ) - Confer with Attorney(s) regarding
Houston Chemical Services, Inc./Southern Ionics, Inc.; (B)
Under V.A.T.S. Article 6252-17, Section 2(F) -(Land
Acquisition) - Discuss land acquisition from Southern Pacific
for drainage and road easements. Council returned to the
table at 9:40 P.M. No action was taken.
14. There being no further business to come before the Council,
the meeting was duly adjourned at 9:41 P.M.
Respectfully submitted:
G%~
Cherie Black, City Secretary
Passed & Approved this the
6th day of May, 1990
N an L. Malone, Mayor
r ~
Off ice of the Mayor
x
~~
~~r~~l~ T Pna~e,~a.i.ana.Z aecne~afr,%e4 ane camm~itted
andupha~d~i.ng the h~.ghea~ e~h~.ca.Z a~an.da~cd~;
WH~RFAS, pna~e4~~,ana~ ~seacexahie~ ane wti2~%ng ~a go .the erica
m~i.2e; anal
WHEREAS, pnage~~s~.ana.e aec~ce~an,E.ea arse xhe ur-herca.2ded membend
ab the management .team; and
WHEREAS, the weeFz a~ Aptu.e 21-27 had been de.6~.gnctted a~
Pna~eb~~.onae Sectce~ahi.e~ WeeFz by Pna~ea.a~.ana.2 See~ce~a~.eb IvLte~cn.a~,%ana2,
~ anig~.natan and bpavusan.
NOW, THEREI=ORE, T, NORMAN MALONE, MAYOR a~ .the C,cty a~ La Pa~cte,
da heh.eb y pjcacea.im the weefz a ~ Apfii,e 21- 2 7, 19 91, ad
PROFESSIONAL SECRETARIES WEEK
and aef~ ~ha~ managemerLt evenywhene ~a-cn .c.n. necagn~.z~ing ~h.e ac~t~~and~.ng
p~w~e~b~.ana.P~s .cn ~h.e.i~c emp.2oy, e~pecca,Zey on Wednesday, Apnt.~ 24, 1991,
wh~.ch .us Pna ~ era ~.a nae S eeh.e~an,%e~s Day .
IN WITNESS WHEREOF, I have heneunta ae~ my hand and cau.aed the
Seal. o~ ~h,e C.cty a~ La Pante ~a be ab~-c.xed hene~a, ~h~ the 22nd day a~
Apn.%2., 19 91.
CITY OF LA PORTS
anman one, ayan
REQUES ~ _ITY~QS NCIL AGEN '`
'~ 1L
Agenda Date Requested: 4/22/91
Requested By:pAiil R_ HT('KENBOTTOM Department: FIRE PREVENTION
Exhibits:
Report Resolution X Ordinance
SEE BACKUP MATERIAL
SUMMARY ~ RECOMMENDATION.
PROJECT SUMMARY- REPEAL SMOKE DETECTOR ORDINANCE 1093-B AND
REPLACE WITH THE ADOPTION OF ORDINANCE 1093-C
IT WILL:
1. SAVE THE CITY MONEY BECAUSE, AFFIDAVIT. FILES
WILL NO LONGER HAVE TO BE MAINTAINED AND
REGISTERED MAIL WILL NO LONGER HAVE TO BE
SENT OUT.
2. IT WILL ALSO CLEAR UP THE CONFLICT WITH THE
STATE LAW ie: MAINTENANCE OF SMOKE. DETECTORS.
3. CLEARLY. DEFINES EVERYONE'S LEGAL RIGHTS IN
REGARDS TO THE INSTALLATION AND MAINTENANCE
OF SMOKE DETECTORS.
4. IT WILL HELP TO REDUCE THE YEARLY OPERATING
COST OF LARGE APARTMENT PROJECTS.
5.•IT WILL PROVIDE A MORE COMPLETE SMOKE DETECTOR
ORDINANCE FOR THE CITY, ie: ALL RENTAL PROPERTY.
ALTERNATIVE- LEAVE ORDINANCE 1093-B AS ADOPTED.
RECOMMENDATION- APPROVAL OF ORDINANCE 1093-C BY COUNCIL.
Action Required by Council: REVIEW AND APPROVAL BY COUNCIL
Availability of Funds:
• General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other
Account Number: Funds Available: _ YES _ NO
approved for City Council Agenda
Robert T. Herrera DATE
City Manager
• •
CITY OF LA PORTE FIRE DEPARTMENT
FIRE MARSHAL'S OFFICE
INTER-OFFICE MEMORANDUM
DATE: 4/5/91
T0: JOE SEASE, FIRE CHIEF
FROM: PAUL R. HICKENBOTTOM ~,~~~~
SUBJECT: SMOKE DETECTOR ORDINANCE 1093-B
This memo is in regards to the repeal of the currently
adopted Smoke Detector Ordinance 1093-B (SEE COPY ATTACHED), and
the adoption of anew Ordinance (SEE COPY ATTACHED), that adopts
the provisions of Chapter 92, Texas Property Code, relating to
Smoke Detectors in residential dwelling units.
According to City Attorney Knox Askins, after his review of
Ordinance 1093-B, and H.B. 2046, (which is now part of Chapter
92), it was his recommendation that Ordinance 1093-B be repealed
and the provisions of Chapter 92 be adopted.
It is my opinion that with the repeal of 1093-B, the City
could save approximately $500.00 a year because:
1. Affidavit files will no longer have to be maintained.
2. Registered mail will no longer have to be sent out.
Also, it will clear up conflicts with the State law.
It is also my opinion, that with the adoption of the
provisions of Chapter 92, it will:
1. Provide a more complete Smoke Detector program for the
City, ie: All rental property.
2. Clear up any conflicts with the State law,ie: maintenance
3. Reduce the yearly operating cost of large apartment
projects.
Therefore, I request permission to pursue this matter.
ORDINANCE N0. 1093-B
AN ORDINANCE AMENDING THE 1982 EDITIGN OF THE STANDARD BUILDING CODE, OR
CURRENTLY ENFORCED BUILDING CODE, AS AMENDED, AND ALSO KPJOWN AS THE
BUILDING CODE OF THE CITY OF LA PORTE; BY APiENDIh1G SECTION 1125, SMOKE
DETECTOR SYSTEMS, REQUIRING AND REGULATING SMOKE DETECTORS; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING Tt1AT ANY PERSON VIOLATING THE TERt'IS OF
THIS ORDINANCE SHALL BE FINED IN HNY SUM NOT MORE THAN TtJO HUNDRED DOLLARS
($200.00); CONTAINING A REPEALING CLAUSE; FINDING COh1PLIANCE '~IITH THE
OPEN MEETING LA4J; AND PROVIDING AN EFFECTIVE DATE HEREOF.,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
SECTION 1. Section 1125 of the Standard Building Code, 1982 Edition,
or currently enforced building code, heretofore adopted by the City Council
of the City of La Porte, be, and the same is hereby amended to read as follows,
to-wit:
"Section 1125. SMOKE DETECTOR SYSTEMS. Every newly constructed
dwelling and every newly constructed dwelling unit within an apartment
house, condominium, duplex, townhouse, and every guest room in a hotel, motel,
or boarding house, and every base~~nent or cellar within such dwellings sf~all
be provided with an Underwriters Laboratories Incorporated rated or Faci:ory
Mutual approved smoke detector, which may be~either 120 volt A.C. or battery
operated.
Care shall be exercised to insure that the installation of all smoke
detectors herein required will not interfere with the operating characteris-
tics of the detector.
Audibility of the alarm. l.~hen activated, all detectors herein required
shall provide an audible alarm recognizable as such when sleeping room()
door(s) is completely closed."
SECTION ~. F~NAI,- APPROVAL
1. F1pa1 approval for alb Smoke deteGtQr location(s) herein required
for all r!~~I;AC~~ ~x~stin+~ G~nst~uptjon sha~1 b~~the responsibility of thy?
Fire Marshalfor his duly authorsz~d representative,
~, Final approval and inspection for all smoke detector installation
herein`required for all new~an~ exiting construction shall be the responsi-
bility Qf the ~h1sf Building Inspector or his duly authorized representative.
SECTION 3. LOCATION OF S~10t:E DETECTORS
Unless otherwise specified herein, a smoke detector shall be mounted
on the ceiling or wall in the hallway(s) giving access to the room(s) used
for sleeping purposes The detector shall be located prior to or across from
the entrance to the first room inside said hallway(s). If the detector is
mounted on the wall, the complete unit shall not be located lower than
twelve (12) inches from the ceiling.
1. Uwel~ling(s) or guest room(s) without interior hallways. In
dwelling(s) 'or guest room(s) without interior hallway(s) giving access to
a sleeping room(s), the detector shall be centrally located on the ceiling
of the main room.
Exception:
Where main rooms have a cathedral-type ceiling, the detector shall be
placed on an individual basis to insure the placement will not interfere with
the proper operation or periodic testing.
2. Two-story or studio-type dwellings. Two-story or studio-type
dwellings where sleeping rooms are on an upper level, the detector shall be
placed in the center of the ceiling directly at the top of the stairway
landing.
3. Multi-level sleeping rooms. Where sleeping rooms are located on
two or more levels, two or more detectors shall be required and shall be
placed in the locations herein designated.
4. Enclosed common hallways. In hotels, motels, and boarding houses
where guest rooms open into a common enclosed hallway(s) or in apartments,
condominiums or townhouses where dwelling entranceways open into enclosed
common hallway(s), smoke detector(s) shall be placed in said hallway(s) on
the ceilings at distances that will insure the audibility of the alarm to
the occupants. Where common rooms are shared in hotels, motels, boarding
houses, apartments, condominiums, or townhouses, a smoke detector shall be
centrally located on the ceiling in such room(s).
SECTION 4. Responsibility for Monthly Testing, Repair or Replacement.
a. It is the responsibility of .the tenant of an apartment house, condominium,
duplex, townhouse, hotel, motel, ar boarding house to test, at least monthly,
the smoke detector in the area which they have leased or rented, to insure
proper gpera~ion,
b. It is the responsibility of the owner or authorized representative of
laid unfits ~o test, at last monthlY~ the smoke detectors located in coranon
hallways and~~ammon rooms, to insure proper operatlont,
c, It; 1s the responsibility of the owner or authorized representative of
said units tp i~unedi~tely repair qr replace any detector found to be
defective,
d. It iy the responsibillty Q~ the owner or authorized representative of
said units, when a detector is found to be defective or missing in a vacant
dwelling unit or guest room, to repair or replace said detector prior to
the dwelling unit or guest room being reoccupied.
e. It is the respondibility of the owner or authorized representative of
said units, during the annual testing of the detectors, to remove all exist-
ing batteries installed in the battery operated detectors and reinstall
new batteries in the detectors which meet the manufacturer's specifications.
ORDINANCE PlO. ~-B
CJ
SECTION 5. Existing Multi-Family Dwellings
a. The owner or authorized representative of an existing condominium,
duplex, townhouse, apartment house, hotel, motel or boarding house in an
area annexed by the City of La Porte, must install smoke detectors as
specified in Section 3 of this Ordinance, within one (1) year from the
official annexation date.
b. The owner or authorized representative of an existing condominium, cuplex, ~
i
townhouse, apartment house, hotel, motel or boarding house now situated
within the City of La Porte, must install smoke detectors as specified in
Section 3 of this Ordinance, within thirty (30) days from the official
notification date.
SECTION 6. Notarized Affidavit and Annual Testing
The owner or authorized representative of each apartment house, boarding
house, hotel and motel situated within the City of La Porte shall, annually,
not later than November 1 of each year, filE a sworn and notarized affidavit
with the Fire Marshal of the City of La Porte, certifying that they or their
authorized representative have tested each smoke detector installed to
satisfy the requirements of this Ordinance, within the last sixty (60) days
prior to the issuance of the affidavit and that it is in operable condition.
The affidavit shall also include a list of room or apartment numbers and
common hallways and common rooms and the date when each detector was te:>ted.
SECTION 7. Existing Single-family Dwellings
The owner or authorized representative must install smoke detectors as
specified in Section 3 of this Ordinance, in existing single-family dwe~!lings
situated within the City of La Porte, or areas annexed by the City of Lei
Porte, ~,hsn ;
Interigr alterations, repair or additions are made requiring that a
building permit; b~ obtained from the Code Enforcement division..
~GTiO ~,~ If any ~a~tiona paragraph, subdivision, clause, phrase,
ar provision ~~ i;hi s prat Hance. sh~.11 be ,fudged i rival i d or unconstitutional ,
the Same shall not affect the vaildity of phis Ordinance as a whole or any
part or portion theradf, other' than the portion so decided to be invalid
or unconstitutional.
SECTION 9. In addition to and cumlative of all other penalties,
the City shall have the right to seek injunctive relief for any and all
violations of this Ordinance.
SECTION 10. Ordinance No. 1093-A is repealed as of the effective
date hereof.
SECTION 'i~. Any person as defined in Sectior. i.G? (27), Texas Pe~~al
Code, why shali violate any provision of this Ordinance shall be deemed
' guilty of a misdemeanor and upon conviction shall be punished by a fine not
to exceed Two Hundred Dollars ($200.00). Each violation and each day the
violation continues shall constitute separate and individual offenses and
shall be punishable accordingly.
SECTION 12. This Ordinance shall be effective fourteen (14) days
after its passage and approval. i'he City Secretary shall give notice of the
passage of this Ordinance by causing the caption hereof to~be published in
the official newspaper in the City of La Porte at least twice within ten
(10) days after the passage of this Ordinance.
SECTION 13. The City Council officially finds, determines, recites,
and declares that a sufficient written notice of the date, hour, place and
subject of this meeting of the City Council was posted at a place convenient
to the public at the City Hall of the City for the time required by law
preceding this meeting, as required by the Open Meeting Law, Article 6252-17,
Texas Revised Civil Statutes Annotated; and that this meeting has been open
to the public as required by law a~ all times during which this ordinance
and the subject matter thereof has been discussed, considered and formally
acted upon. The City Council further ratifies, approves and confirms such
written notice and the contents and posting thereof.
PASSED AND APPROVED, this the 9~day of~„/_ ,gR~ 19~.
CITY OF LA PORTE
BY
IRGINIA C INE, MAY R
ATTEST;
ty ecreta~ry r
APPR~V~p,
ty ttorney
•
ORDINANCE N0.1093-C
" AN ORDINANCE ADOPTING THE PROVISIONS OF CHAPTER 92, TEXAS PROPERTY
CODE, RELATING TO SMOKE DETECTORS IN RESIDENTIAL DWELLING UNITS
WHICH ARE RENTED OR LEASED; PROVIDING A REPEALING CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS
OF THIS ORDINANCE SHALL BE FINED IN ANY SUM NOT MORE THAN TWO
HUNDRED DOLLARS ($200.00); PROVIDING CIVIL REMEDIES; FINDING
COMPLIANCE WITH THE OPEN MEETINGS•.LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City of La Porte hereby adopts the following
provisions o.f Chapter 92, "Residential Tenancies," of the Texas
Property Code, to-wit:
Section 92.001. Definitions
In this chapter:
(1) "Dwelling" means one or more rooms rented for use as a
permanent residence under a sinnle lease to one or more tenants.
(2) "Landlord" means the owner, lessor, or sublessor of a
dwelling, but does not include a manager or agent of the landlord
unless the manager or agent purports to be the owner, lessor, or
sublessor in an oral or written lease.
(3) "Lease" means any written or. oral agreement between a landlord
and tenant that establishes or modifies the terms, conditions,
rules, or other provisions regarding the use and occupancy of a
dwelling.
(4) "Normal wear and tear" means deterioration that results from
the intended use of a dwelling, including, for the purposes of
Subchapter B, breakage or malfunction due to age or deteriorated
condition, but the term does not include deterioration that results
from negligence, carelessness, accident, or abuse of the premises,
equipment, or chattels by the tenant, by a member of the tenant's
household, or by a guest of the tenant.
(5) "Premises" means a tenant's rental unit, any area or facility
the lease authorizes tha tenant to use, and the appurtenances,
grounds, ,and faail~.ties held out for the u$~ of tenants generally.
(6) "Tenant" mans a person who id authorized by a lease to occupy
a dwelling to the .exclusion of others and, for the purposes of
Subchaptersp, ~~ and ~, who~~.s'obligated under the lease to pay ~
rent. ~ ,~
S 92.002. 1-p~~licatian
This chapter applies only to the relationship between landlords
and tenants of residential rental property.
§ 92.004. Harassment
A party who files or prosecutes a suit under Subchapter B, D, E,
or F in bad faith or for purposes of harassment is liable to the
defendant for one month's rent plus $100 and for attorney's fees.
5 92.005. Attorney's Fees
(a) A party who prevails in a suit brought under Subchapter B, D,
E, or F may recover the party's costs of court and reasonable
attorney's fees in relation to work reasonably expended.
•
ORDINANCE NO. ~na~_0 PAGE 2
(b) This section does not authorize a recovery of attorney's fees
in an action brought under Subchapter D, E, or F for damages that
relate to or arise from property damage, personal injury, or
criminal act.
~ 92.006. Waiver or Expansion of Duties and Remedies
(a) A landlord's duty or a tenant's remedy under Subchapter C, I),
or E may not be waived. A landlord's duty to install a smoke
detector under Subchapter F may not be waived, nor may a tenant
waive a remedy f_or the landlord's noninstallation or waive the
tenant's limited right of installation and removal.
(b) The landlord's duty of inspection and repair under Subchapter
F may be waived only by written agreement. The provisions of Sub-
chapter B may be waived only if:
(1) the lease is in writing;
(2) the waiver is underlined or is in•bold print in the lease
or in a separate written addendum;
(3) the waiver is specific and clearly lists the duty being
waived; and
(4) the waiver is made knowingly, voluntarily, and for
consideration.
(c) The landlord's duties and the tenant's remedies under Subchap-
ters D and E, and the landlord's duty concerning installation,
inspection, or repair under Subchapter F may be enlarged only by
specific written agreement.
~ 92.007. Venue
Venue for an action under Subchapter D, E, or F is in the county
in which the dwelling is located. Venue for an action under
Subchapter a is~in the county in which the premises are located.
• SUBCHApTEF~ .F. SMOKE p$TECTORS
~ 92.251. Definition
In this subchapter, "dwelling unit" mean~y a home, mobile home,..
duplex unit,"•ap~xtment unit, condominium unit, o~,any dwelling unit
in a multiunit residential structure. It also means a "dwelling" as
defined by Section 92.001..
S 92.252, APAlicakiAn of Other Laws Municipal Regulation
(a) The duties o~ a landlord anc7 the remedies of a tenant under
this subchapter are in lieu of common law, other"statutory law, and
local ordinances regarding a residential landlord's duty to insta'L1,
inspect, or repair a smoke detector in a dwelling unit. However,
this subchapter does not:
(1) affect a local ordinance adopted before September 1, 1981,
that requires landlords to install smoke detectors in new or
remodeled dwelling units before September 1, 1981, if the
ordinance conforms with or is amended to conform with this
subchapter;
(2) limit or prevent adoption or enforcement of a local
ordinance relating to fire safety as a part of a building, fire,
or housing code, including any requirements relating to the
installation of smoke detectors or the type of smoke detectors; or
~~
• •
ORDINANCE N0. 1093-C PAGE 3
(3) otherwise limit or prevent the adoption of a local
ordinance that conforms to this subchapter but which contains
additional enforcement provisions, except as provided by
Subsection (b).
(b) If a smoke detector powered by battery has been installed in a
dwelling unit built before September 1, 1987, in compliance with
this subchapter and local ordinances, a local ordinance may not
require that a smoke detector powered by alternating current be
installed in the unit unless:
(1) the interior of the unit is repaired, remodeled, or rebuilt
at a projected cost of more than $2,500 and the repair,
remodeling, or rebuilding requires a municipal building permit;
(2) an addition occurs to the unit at a projected cost of more
than $2,500;
(3) a smoke detector powered by alternating current was
actually installed in the unit at any time prior to September 1,
1987; or
(4) a Smoke detector powered by alternating current was
required by lawful city ordinance at the time of initial
construction of the unit.
~ 92.253. Exemptions
(a) This subchapter. does not apply to:
(1) a dwelling unit that is occupied by its owner, no part of
which is leased to a tenant;
(2) a dwelling unit in a building five or more stories in
height in which smoke detectors are required or regulated by local
ordinance; or
,~
(3) a nursing or convalescent home licensed by the Texas
Department of Health and certified to meet the Life Safety Code
under federal law and regulations.
(b) Notwithstanding this subchapter, a person licensed by the
State Board o~ insurance to instaJ,l fire 'alaxms or fire detec~ion~
devices under Article 5.43-2, z,nsurance.Code, sha~.l comply with that
article whey #.nsfialling,' moke detectors, ;~ ~ ~ ~, ~ .
92.254. Smoke Detector °,: .. '~;
..
(a) A ~mAka d~GRafi4c Gust bpi ~ ~ •~; ~, .
.. ,. .~
(1) designed ko detect bath the visible and invisible products
of combustion;
(2) designed with an alarm audible to the bedrooms it serves;
(3) powered by battery, alternating current, or other power
sources as required by local ordinance;
(4) tested and listed for use as a smoke detector by
Underwriters Laboratories, Inc., Factory Mutual Research
Corporation, or United States Testing Company, Inc.; and
(5) in good working order.
§ 92.255. Installation and Location in New Construction
(a) Before the first tenant takes possession of a dwelling unit,
•
ORDINANCE NO. 1093-C PAGE 4
the landlord shall install at least one smoke detector outside, but
in the vicinity of, each separate bedroom in the dwelling unit,
except:
(1) if the dwelling unit is designed to use a single room for
dining, living, and sleeping, the smoke detector must be located
inside the room;
(2) if the bedrooms are served by the same corridor, at least
one smoke detector must be installed in the corridor in the
immediate vicinity of the bedrooms; and
(3) if at least one bedroom is located on a level above the
living and cooking area, the smoke detector for the bedrooms must
be placed in the center of the ceiling directly above the top of.
the stairway.
(b) In this section, "bedroom" means a room designed with the
intent that it be used for sleeping purposes.
§ 92.256. Installation in Units Constructed or Occupied on or Before
September 1, 1981
(a) If the dwelling unit was occupied as a residence on or before
September 1, 1981, or the building permit for the unit was issued on
or before that date, the landlord shall install at least one smokE~
detector in accordance with Section 92.255 and 92.257 on or before
September 1, 1984.
(b) Before September 1, 1984, a tenant may install a battery-
operated smoke detector in the tenant's dwelling unit without the
landlord's prior consent if the installation is made according to
Sections 92.255 and 92.257. When the tenant's lease terminates,
including after a renewal or extension, the tenant may remove the
smoke detector, but the tenant is.liable to the landlord for any
unnecessary damages to the dwelling unit caused by the removal.
g 92.257. Installation Procedure
(a) Subjedt to Subsections:(b) and (c), a smoke detector must be
installed according to the .manufacturer's recommended procedures.
,_
(b) A;smo~he detectoz must be.`installed on a ceiling or wall. If
on a ceiling, i~ must be no closer than ;six inches to a wall., If on
a wall, it. must be no closer. than six ~.ncbes andro ,farther than 12
inches from the ceiling. '
(c) 'A smoke detector 'ma~- be i.Qcated other than ss required by Sub-
section (b) if a`local ordinance or a local or state fire marshal
approves ~ . ; . , .. ~ .
$ 92.258.'Inspection~and Repair
(a) The landlord shall inspect and repair a smoke detector
according to this section.
(b) The landlord shall determine that the smoke detector is in
good working order by following the recommended test procedures of
the manufacturer for the particular model:
(1) at the beginning of a tenant's possession if the dwelling
unit contains a smoke detector; or
(2) at the time of installation if the landlord installs the
smoke detector in the dwelling unit after the tenant has taken
possession.
• •
ORDINANCE N0. 1093-C PAGE 5
(c) During the term of a lease or during a renewal or extension,
the landlord has a duty to inspect- and repair a smoke detector, bit
only if the tenant gives the landlord notice of a malfunction or
requests to the landlord that the smoke detector be inspected or
repaired. This duty does not exist with respect to damage or
malfunction caused by the tenant, the tenant's family, or the
tenant's guests during the term of the lease or a renewal or
extension, except that the landlord has a duty to repair or replace
the smoke detector if the tenant pays in advance the reasonable
repair or replacement cost, including labor, materials, taxes, and
overhead.
(d) The landlord must comply with the tenant's request for
inspection or repair within a reasonable time, considering the
availability of material, labor, and utilities.
(e) The landlord has met the duty to inspect and repair if the
smoke detector is in good working order after the landlord follows
the recommended test procedures of the manufacturer for the
particular model.
(f) The landlord is not obligated to provide batteries for a
battery-operated smoke detector after a tenant takes possession if
the smoke detector was in good working order at the time the tenant
took possession.
§ 92.259. Landlord's Failure to Install, Inspect, or Repair
(a) A landlord is liable according to this subchapter if:
(1) after the tenant requested the landlord to install,
inspect, or repair a smoke detector in the tenant's dwelling unit
as required by this subchapter, the landlord did not install the
smoke detector or inspect or repair the smoke detector within a
reasonable time after the tenant's notice of malfunction or
request for repair, considering the availability of materials,
labor, and utilities; and
(2) the landlord does not install, inspect, or repair the smske
detector on or before the seventh day after the date the tenant
gives the 'landioxd.writ~en:nc?tice that the tenant may exercise his
remedies under this subchapter' if,the landlord does not comply
with the request.. within seve}~ days. ~~: ~. '
• ~ ,
., ,~
(b) l~ khe tsr-t111t'8 lease is iq writing, the, lease may require the
tenant to make the initial request for installation, inspection,
or repair in waiting. . • ~ ~ .. ~ '
S 92.260•. Tenant Remedies ,
A tenant o~ a landlord who 1s liable under Section 92.259 may
obtain or exercise one or more"og the following remedies:
(1) a court order directing the landlord to comply with the
tenant's request;
(2) a judgment against the landlord for damages suffered by the
tenant because of the landlord's violation;
(3) a judgment against the landlord for one month's rent picas
$100;
(4) a judgment against the landlord for court costs and
attorney's fees; and
(5) unilateral termination o~ the lease without a court
proceeding.
F~
ORDINANCE N0. 1093-C PAGE 6
g 92.261. Landlord's Defenses
The landlord has a defense to liability under Section 92.259 if:
(1) on the date the tenant gives the notice required by Section
92.259 the tenant has not paid all rent due from the tenant; or
(2) on the date the tenant terminates the lease or files suit
the tenant has not fully paid costs requested by the landlord and
authorized by Section 92.258.
§ 92.262 Agents for Deliver of Notice
A managing or leasing agent, whether residing or maintaining an
office on-site or off-site, is the agent of the landlord for
purposes of notice and other communications required or permitted by
this subchapter.
Section 2. Unless and only to the ex!~ent expressly preempted
by the provisions of Chapter 92,, Texas Property.Code, as adopter by
this Ordinance, the provisions of all building and housing codes of
the City of La Porte shall remain in full force and effect.
Section 3. If any section, paragraph; subdivision, clause,
phrase, or provision of this Ordinance shall be judged invalid or
unconstitutional, the same shall .not affect the validity of this
Ordinance as a whole or any part or portion thereof, other than the
portion so decided to be invalid or unconstitutional.
separate offense.
Section 4. In addition tQ and cumulative of all other
penalties, ~hs,Git~ shall have~the ri~h~ to seek injunctive relief.
t ~ I .' `,
section 5, oxdi~ana~ No, ~'10~3~a ~~' repeaiep` as' off' khe .'
i. r' s'
effective date hereof.
.~
Section 6. Any peKSO~ as defined in Section 1.07 (27), Texas
. ~ ..
Penal Code,~who shall violate at~y provision~Qf this Ordinance shall
be deemed guilty of a misdemeanor and upon conviction shall be
punished by a fine not to exceed Two Hundred Dollars ($200.00).
Each violation and each day the violation continues shall
constitute separate and individual offenses and shall be punishable
accordingly.
Section 7. This Ordinance shall be effective fourteen (14)
days after its passage and approval. The City Secretary shall give
notice of the passage of this Ordinance by causing the caption
• •
ORDINANCE N0. 1093-C PAGE 7
hereof to be published in the official newspaper in the City of La
Porte at least twice within the ten (10) days after the passage of
this Ordinance.
Section 8. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meeting Law, Article 6252-17, Texas Revised
Civil Statutes Annotated; and that this meeting has been open to the
public as required by law at all times during which this ordinance
and the subject matter thereof has been discussed, considered and
formally acted upon. The City Council further ratifies, approves
and confirms such written notice and the contents and posting
thereof.
APPROVED:
C"~~ ~ ~~
Knox W. Askins
City Attorney
• ~
REQIIEST FOR CITY COIINCIL AGENDA ITEIri
Agenda Date Requested: ril 22 1991
Requested By: Joel H 1 recht Department: Community Development
Report
Resolution X Ordinance
Exhibits: 1) Proposed Ordinance Amending Chapter 11 of the Code of
Ordinances.
2) Inter-Local Agreement with Harris County
3) Letter from Patrick H. Buzbee, R.S. Harris County
Health Department
SUMMARY & RECOMMENDATION
Harris County Health Department has been doing all food and health
inspections of food handling facilities within the corporate limits
of La Porte for many years. Harris County Health Department has
requested an Inter-Local Agreement be executed for the benefit of
both parties. By entering into this agreement the City reaffirms
a practice whereby trained Harris County Health inspectors visit
restaurants and other public food handling establishments to insure
compliance with State Law on food handling and management.
Recommendation:
Approve Inter-Local Agreement and Ordinance #1743.
Action Required by Council:
Approve Inter-Local Agreement and Ordinance #1743
Availability of Funds:
General Fund Water/Wastewater
Capital Improvements General Revenue
Other Sharing
Account No.: Funds Available: Yes No
Approved for City Council Agenda
Robert T. Herrera Date
City Manager
~ ~
ORDINANCE NO. 1743
AN ORDINANCE OF THE CITY OF LA PORTE, PROVIDING FOR THE SALE OF
ONLY SOUND, PROPERLY LABELED FOOD; ESTABLISHING SANITATION
STANDARDS FOR FOOD PROTECTION AND SERVICE; ADOPTING BY REFERENCE
TEXAS DEPARTMENT OF HEALTH "RULES ON FOOD SERVICE SANITATION" AND
"RULES ON RETAIL STORE SANITATION," AND THE "RULES ON FOOD SERVICE
SANITATION FOR HARRIS COUNTY, TEXAS"; REQUIRING PERMITS FOR THE
OPERATION OF FOOD ESTABLISHMENTS; DESIGNATING THE DIRECTOR OF THE
HARRIS COUNTY HEALTH DEPARTMENT AS THE HEALTH AUTHORITY; REQUIRING
FOOD SERVICE MANAGER CERTIFICATION IN FOOD SANITATION; AND
PROVIDING REMEDIES AND PENALTIES FOR VIOLATIONS OF THE ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. DESIGNATION OF HEALTH AUTHORITY
The City of La Porte designates the Director of the Harris
County Health Department as its health authority for the purpose
of food establishment surveillance for the public health protection
of its residents.
Harris County Health Department shall be responsible for
enforcement of the City's food permit ordinance and shall provide
a semi-annual report to the City's Health Officer which documents
violations of health ordinances, and food establishment
surveillance program activities within the City of La Porte.
Section 2. STATE AND COUNTY REGULATIONS ADOPTED
(A) There is hereby adopted by reference, the Texas
Department of Health, Division of Food and Drugs "Rules on Food
Service Sanitation 301.73.11.001-.011" and the "Rules on Retail
Food Store Sanitation" 229.231-239; "The Texas Food, Drug and
Cosmetic Act" (Article 4476-5 Vernon's Civil Statutes); "Texas
Sanitation and Health Protection Law: (V.C.S. Article 4477-1); and
the "Rules on Food Service Sanitation for Harris County, Texas."
(B) A certified copy of each of the above referenced sets of
rules shall be kept on file in the office of the City Secretary.
Section 3. DEFINITIONS
All definitions in "Rules on Food Service Sanitation", "Rules
on Retail Food Store Sanitation", and "Rules on Food Service
Sanitation for Harris County, Texas" are hereby adopted. In
addition, the following definitions shall apply to this ordinance.
(A) Regulatory Authority - means representatives of the
Harris County Health Department.
(B) Health Department - means the Harris County Health
Department.
(C) City Health Officer - means the representative of the
City of La Porte.
(D) Service of Notice - means the delivery of a notice,
prepared by the Harris County Health Department, to the holder of
the permit or the person in charge, or ~whe~- it is sent by
registered or certified mail, return receipt requested, to the last
known address of the holder of the permit.
•
Ordinance No. 1743, Page 2
(E) Owner of Business - shall mean the owner or operator of
the business.
(F) Food Establishment - means each place where food or drink
is manufactured, packaged, produced, processed, transported,
stored, sold, commercially prepared, or otherwise handled, whether
offered for sale, given in exchange or given away for use as food
or furnished for human consumption. The term does not apply to
private homes where food is prepared or served for guest and
individual family consumption. The term does not apply to a place
where a commercially packaged single portion of non-potentially
hazardous snack items and wrapped candy are sold over the counter.
(G) Childcare Facility - means a facility keeping more than
twelve (12) unrelated children that provides care, training,
education, custody or supervision for children under fifteen (15)
years of age, who are not related by blood, marriage or adoption
to the owner or operator of the facility, for all or part of the
day, whether or not the facility is operated for profit or charges
for the services it offers.
Section 4. FOOD PERMITS
(A) Requirement - It shall be unlawful for any person to
operate a food establishment in the city, unless he possesses a
current and valid health permit issued by the Harris County Health
Department.
(B) Posting - A valid permit shall be posted in public view
in a conspicuous place at the food establishment for which it is
issued.
(C) Non-transference (Change of ownership) - Permits issued
under the provisions of this article are not transferable. Upon
change of ownership of a business the new business owner will be
required to meet current standards as defined in city ordinances
and state law before a permit will be issued.
(D) Denial, Suspension or Revocation of Permits - The Harris
County Health Department may deny, suspend or revoke any permit to
operate a food service establishment, retail food store, temporary
food establishment, mobile food unit or roadside food vendor if the
holder of the permit does not comply with these rules and
regulations or if the operation of the establishment otherwise
constitutes a substantial hazard to public health. A permit can
be suspended only after notice and an opportunity for a hearing as
described in Subsection 4(e) have been given. This notice must
list specific violations of rules and regulations and a period of
time in which violations are to be corrected. Failure to correct
violations as listed on the notice will be grounds for denial,
suspension or revocation of a permit. If a permit is then denied,
suspended, or revoked, the holder of the permit has three (3)
working days to request a hearing. This request must be in writing
• •
Ordinance No. 1743, Page 3
and delivered to the Harris County Health Department. A hearing
must be held within seven (7) working days of the request. If no
request for hearing is made within the time limits, the denial,
suspension or revocation is sustained.
(E) Hearings - The hearings provided for in these rules shall
be conducted by the Harris County Health Department at a time and
place designated by it. Based upon the recorded evidence of such
hearings, the Harris County Health Department shall make a final
finding, and shall sustain, modify or rescind any notice or order
considered in the hearing. A written report of the hearing
decision shall be furnished to the holder of the permit, license,
or certificate by the Harris County Health Department.
(F) Application after Revocation - Whenever a revocation of
a permit has become final pursuant to the determination of the
Director of the Harris County Health Department, the holder of the
revoked permit may make written application for a new permit to
the Health Department.
(G) Permit Fees - A health permit fee as established by the
Commissioners Court in unincorporated areas of the county is
required annually for each food establishment. Fees are due and
payable on or before one (1) year from date of issuance of the
permit and are to be paid to the Harris County Health Department
at 2501 Dunstan, Houston, Texas.
Section 5. REVIEW OF PLANS
' (A) Submission of Plans - Whenever a food establishment is
constructed or extensively remodeled and whenever an existing
structure is converted to use as a food establishment, properly
prepared plans and specifications for such construction,
remodeling, or conversion shall be submitted to the Harris County
Health Department for review and approval before construction,
remodeling or conversion is begun. The plans and specifications
shall indicate the proposed layout, arrangement, mechanical plans,
and construction materials of work areas, and the type and model
of proposed fixed equipment and facilities. The Harris County
Health Department shall approve the plans and specifications if
they meet the requirements of these rules. No food establishment
shall be constructed, extensively remodeled, or converted except
in accordance with plans and specifications approved by the Harris
County Health Department.
(B) Pre-Operational Inspection - The Harris County Health
Department shall inspect any food establishment prior to its
beginning operation to determine compliance with approved plans and
specifications and with the requirements of these rules.
Section 6. FOOD MANAGER CERTIFICATION
(A) Requirement - Every permitted food establishment except
establishments dealing only in: fresh produce, non-potentially
• •
Ordinance 1743, Page 4
hazardous food, and/or prepackaged potentially hazardous food,
shall have a person employed in a managerial capacity possessing
a current food manager's certificate issued by the Harris County
Health Department. A certified manager or person in charge must
be on duty during all hours of operation of any non-exempt food
service establishment employing six (6) or more employees per eight
(8) hour shift.
Upon written application and presentation of evidence of
satisfactory completion of a food manager's course, equivalent
training, or examination as approved by the Director of Public
Health, the Harris County Health Department shall issue a food
manager's certificate valid for three (3) years from the date of
completion of training or evaluation unless sooner revoked.
Suspension or revocation of an establishment's health permit by the
Harris County Health Department shall constitute cause for
revocation of that establishment's ;manager's certification.
Whenever the food service operator holding the certificate
terminates employment, is terminated, or is transferred to another
food establishment, the person owning, operating or managing the
food establishment shall be allowed sixty (60) days (from the date
of such termination or transfer of the certificate holder) to
comply with this section.
(B) Exemptions from Certificate Requirement - Temporary food
establishments and persons participating as volunteer food handlers
performing charitable activities for period of fourteen (14) days
or less may be exempted from the requirement for manager's
certificate.
Section 7. FINE FOR VIOLATIONS
Any person who violates a provision of this ordinance, upon
conviction in the municipal court of the City of La Porte, shall
be subject to a fine not to exceed two hundred dollars ($200.00)
for each offense, and each and every day such violation continues
shall constitute a separate offense.
Section 8. SAVINGS CLAUSE
Each and every provision, paragraph, sentence and clause of
this Ordinance has been separately considered and passed by the
City Council of the City of La Porte, Texas, and each said
provision would have been separately passed without any other
provision, and if any provision hereof shall be ineffective,
invalid or unconstitutional, for an;y cause, it shall not impair
or affect the remaining portion, or any part thereof, but the valid
portion shall be in force just as if it had been passed separately.
Section 9. REPEALING CLAUSE
All ordinances or parts of ordinances inconsistent with the
terms of this ordinance are hereby repealed; provided, however,
that such repeal shall be only to the extent of such inconsistency
•
Ordinance 1743, Page 5
and in all other respects this ordinance ,shall be cumulative of
other ordinances regulating and governing the subject matter
covered by this ordinance.
Section 10. OPEN MEETINGS LAW
The City Council officially finds, determines, recites and
declares that a sufficient written notice of the date, hour, place
and subject of this meeting of the City Council was posted at a
place convenient to the public at the City Hall of the City for the
time required by law preceding his meeting, as required by the Open
Meetings Law, Article 6252-17, Texas Revised Civil Statutes
Annotated; and that this meeting has been open to the public as
required by law at all times during which this Ordinance and the
subject matter thereof has been discussed, considered and formally
acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
Section 11. EFFECTIVE DATE
This Ordinance shall be in effect immediately upon its passage
and approval.
PASSED AND APPROVED this the 22nd day of April
1991.
CITY OF LA PORTE
Norman L. Malone, Mayor
ATTEST:
Cherie Black, City Secretary
APPROVED:
Knox W. Askins, City Attorney
CONTRACT BETWEEN HARRIS COUNTY
AND THE CITY OF LA PORTE
FOR THE OPERATION OF
THE__.CITY _OF?__L,A .PORTE_ HEALTH DEPARTMENT
THE STATF. OF TEXAS
COUNTY OF HARRIS
This Agreement, made and entered into by and between Harris
County, hereinafter. referred to as "County", acting herein by and
through JON LINDSAY, its duly authorized County Judge as directed
by the Commissioners' Court of F{arris County, and the City of La
Porte, a municipal corporation situated in Harris County, Texas,
hereinafter called "City", acting herein by and through NORMAN
MALONE, its duly authorized Mayor.
W I T H F.. S S E T H•
W{iEREAS, the governing bodies of the parties herein find the
following agreement in the best interest of the citizens they
serve; and
WHEREAS, Article 3, Section 64, of. the Texas Constitution,
and Article 4413 (32c) of the Revised Civil Statutes of Texas
authorize Counties and Cities in the State of Texas to contract
functions and services, including those in the area of public
health and welfare; and
WHEREAS, County and the City, :pursuant to the Constitution
and the laws of 'the State of Texas, desire to.make and enter into
a ~contr.act whereby County will make available to City the
County's Food Establishment Surveillance Program Services -for-the
public health protection ~f its residence;
. _
NOW, THF'REFORE,
KNOW ALL MEN BY THESE PRESENTS:
That the County and the City do hereby covenant and agree as
Follows:
I.
County hereby makes available to City, for the protection of
City's residents, Food Establishment Surveillance Program
Services through the Harr.i.s County Health Department.
II.
The County, acting through the Harris County Health
Department, pursuant to its Food Establishment Surveillance
Program, will provide its services to all food establishments
located within the corporate limits of City during the term of
this agreement. The said services shall consist of a food
establishment surveillance program, certification of
establishments for. issuance of health permits, collection of fees
(except as may be otherwise provided by City Ordinance of the
City of L,a Porte), notification to City of violations of health
ordinances, documentation of. food establishment surveillance
program activities within City in a semi-annual report, and,
where legally required by ordinance, approval of food
establishment managers training and certification.
~ ~
III.
The City agrees to maintain, during the period of this
agreement, ordinances which: adopt the current Texas Board of
Health "R~.iles on Fooci Services Sanitation" and "Rules Retail Food
Store Sanitation"; and the "Rules on Food Service Sanitation for
Harris County, Texas"; designate the Director of the Harris
County Health Department as Health Authority for the purposes of
this agreement; to recluir.e all food establishments, within the
City's corporate limi.L-s, to maintain a valid health permit; adopt
health permit fees as established by Commissioner's Court of
Harris County for the unincorporated areas of the County for each
food establishment and f.or each temporary food establishment;
assign to the Harris County Health Department the authority to
collect health permit fees directly from permit applicants; and,
where not precluded by law, require food establishments to have
certified managers.
IV.
The County shall be responsible for enforcement of the
City's Food Permit Ordinance.
V.
The term of this agreement is for a period of five (5) years
commencing on , and ending on
unless either ttie County or City provides thirty (30) days
written notice to the other that an amendment or termination is
necessary.
VI.
County is an independent contractor under the terms of this
agreement and is not an officer., agent, servant, or employee of
City.
EXECUTED in dtaplicate originals, on this
o f __. __._ _._._ __.-----._-- --
-- -- ~ 19
CITY OF LA PORTS
NORMAN MALONE
Mayor
ATTF..ST:
CHERIE BLACK, City Secretary
City of. La Porte
APPROVED AS TO FORM AND L,FGAI~ITY:
B Y : _..------- - ----
KNOX ASKINS
City Attorney
HARRIS COUNTY
STATE OF TEXAS
County Judge
APPROVED AS TO FORM:
day
MIKE DRISCOLL, County Attorney
B Y : -- - -------._
Assistant County Attorney
~~
{
f
X4,18 Cg
y k
~a1YA
THQMAB HYSLOP, n~.fl., ~t.~.N. ~ ... HARRI$ C(?UN1Y HEAi.TH DEPARTMENT
o~R~crca p.0.6aX 25249
• HOusroN, TEXAS T7Z86
January 9, 1991
ply? c~•,a4t
P'!r. Joal H. Al~arechtr Dit:ector
of Community Uevelo~nent
City of ~,aPOrte
P.. O. Box 11].5
LaPorte, Texas 77572-11].5
Dear.Mr. Albrecht:
R9iis correspondence is a reque8t for the City pouncil of Laporte to add to
their upcoming City Council Agenda, a consent and approval declaration.
This declaration emporaera the City of z,aPOrte to eater into an interlocal'
agr®etnertt with Ha~cis,County. This agreement enhartCes the food pxot~tion
pxogramm we now adrnirtist®r in the City of LaPorte. The ne®d of Chis agreement
should be taken under aor~idexation as soon as possible.
•sincerelyr .
~~~
Patrick S. SuZb@er R. ., Chief
Consumer Health services
PHSfdm
REQUEST FOR CITY COUNCIL AGENDA ITEM
AGENDA DATE REQUESTED April 22, 1991
REQUESTED BY Jeff Litchfield DEPARTMENT Director of Finance
X REPORT
EXHIBITS:
RESOLUTION
SUMMARY AND RECOMMENDATION
The State Property Tax Code requires that refunds in excess of $500.00 be
approved by the governing body. The individuals or companies listed below
have made duplicate payments or have had value reductions of their taxes and
are requesting a refund.
Individual or Company
Commonwealth Land & Title
ACTION REQUIRED BY COUNCIL:
Amount of Refund
1,479.13
Approve or disapprove refunds in excess of $500.00.
UTILITY FUND
AVAILABILITY OF FUNDS:
GENERAL FUND
ACCOUNT NUMBER:
ORDINANCE
Reason
Duplicate Payment
OTHER
FUNDS AVAILABLE:
APPROVED FOR CITY COUNCIL AGENDA
ROBERT T HERRERA
CITY MANAGER
YES NO
y -lg ~
DATE
REQUEST FOR CITY COUNCIL AGENDA ITEM
AGENDA DATE REQUESTED aril 22, 1991
REQUESTED BY Knox Askins DEPARTMENT City Attorney
X REPORT
RESOLUTION
ORDINANCE
EXHIBITS: Letter from Hugh L. Landrum & Associates, Inc.
SUMMARY AND RECOMMENDATION
When the City of La Porte purchased 80.972 acres of land (for the future
landfill) from FMC in July of 1989, the closing did not take into account the
amount of property taxes for the year. FMC paid property taxes for the
complete tax year of 1989. Because the City of La Porte was the owner of the
property for the period from July to December of that year, FMC should not be
liable for taxes for that period.
Attached is a letter from Hugh Landrum which provides us with the amount of
tax for the above mentioned period. The City's finance department has
reviewed and does concur with the calculation. The amount that has been
calculated as being due to FMC is $4,281.27.
ACTION REQUIRED BY COUNCIL:
Approve or disapprove refund to FMC totaling $4,281.27.
AVAILABILITY OF FUNDS:
GENERAL FUND
ACCOUNT NUMBER:
UTILITY FUND OTHER
FUNDS AVAILABLE: YES NO
APPROVED FOR CITY COUNCIL AGENDA
~~~ T w~~g
ROBERT T HERRERA DATE
CITY MANAGER
KNOX W. ASKINS
JOHN D. ARMSTRONG
April 15, 1991
Mr . Jeff Litchfield
Director of Finance
City of La Porte
City Hall
La Porte, Texas
Re : FMC Tax Refund
Dear Jeff
ASKINS S~ ARMSTRONG, P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P. O. BOX 1218
LA PORTE, TEXAS 77572-1218
TELEPHONE 713 471-1886
TELECOPIER 713 471-2047
/// ,
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' ~,~~1 APB 15 199( ~ ~' ;
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~~~~7a~iti~lS ®~~ tl„
I enclose letter from Hugh L. Landrum with calculation for tax
refund due FMC Corporation.
Please place this on a City Council agenda for approval of payment
of refund.
You very truly,
Rnox W. Askins
City Attorney
City of La Porte
KWA:sw
Enclosure
HUGH L. LANDRUM & ASSOCIATES, INC.
VALUATION EN6INEERB
1320 SOUTH LOOP WEST. SUITE 1B
PHONE 7131799-9378 oe 9379
HOUSTON, TEXAS '79064
April 11, 1991
Mr. Knox Askins, Attorney
P d Box 1218
La Qorte, TX 77571
Re: FMC Tax Refund
Dear Knox:
On March 14, 1991 you called me regarding a refund to FMC
from the City of LaPorte. I worked up the information and
got with Mr. Charles Williams by phone on April 1, 1941. He
was in agreement with my calculations but asked me to also
look at the Arco property that. was bought from FMC-and let
him know how it is split between districts.
Regarding the xefund due FMC from the City of La Porte:
Ga Porte owes FMC a refund of $4,281.2? calculated as
follows:
7-28-89 City of La Porte bought 80.972 acres from FMC.
This was. 47.9.7$ of FMC's total acreage in La Porte and
42.70$ of the year.
1-31-90 FMC paid taxes of $20,881.81 to the City of La
Porte on 168.796 acres.
Therefore, 47.97$ X .42.74$ X $20,881.81 - $4,281.27
Regarding the property Arco bought from FMC, Arco has 10.8872
acres annexed by the 200 ft. wide Pasadena strip, 65.2903
acres in the Pasadena Industrial-District, and 23.8225 acres
in the City of La Borte Industrial District.
~ ~
Page 2
Apzil 2}, 1991;
Mr.-Knox Askins, Attorney
LaPozte, TX
Re: FMG Tax. Refund
I hope this is the information you were seeking. I€ you need
anything furthex, please ca13. me. By copy of this letter, i
am con#irming the information I previously gave Mr. Charles
Williams of Fuibrigt~t ~ Jarworski.
3incexely,
• ~ ~,G
Hug L. Landrum
HLL/sm
ccs Mr. Bob Herrera, City Manager
City of La Porte
P 8 Box 1115
La Porte, TX 77.572-1115
Mr. Charles Campbell, attorney,
Fu-lbright ~ Jarwoxski
13@1 tfcK i nne•y
Houston, TX 77002
REST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Req a ted: At~ril 22, 1991
Requested By: '~ Department: Public Works
XXX Report
Fund
Exhibits: 1. Proposal from Knapp Chevrolet - Trash Truck
2. Cost Analysis
Ordinance
SUMMARY & RECOMMENDATION
Knapp Chevrolet was awarded the bid for the supply of a 6 cubic yard dump
truck for the FY 90-91 budget. A trash truck was mistakenly ordered from
the factory by Knapp. An agreement has been reached with Knapp Chevrolet
to accept an in-stock cab and chassis in lieu of re-ordering from the
factory. The alternative was re-ordering the vehicle with a receipt date
of July 1st, 1991, at the earliest and, possibly, into next fiscal year.
The City will receive a truck of higher value meeting or exceeding all
specifications at the quoted bid price.
Trash truck 72-15 meets all of the criteria for replacement in the coming
fiscal year. Current cost per mile of this vehicle is seventy-one cents
($0.71) compared to an average of thirty cents ($0.30),per mile for the
1990 trucks. Knapp Chevrolet has submitted a proposal to supply the
mistakenly ordered trash truck at a cost of $35,996.00, a price of
$1,229.00 lower than the original low bid for the truck awarded earlier
this year.
Staff recommends purchase of the trash truck to replace unit 72-15 from
Knapp Chevrolet at the special price quoted of $35,996.00. Using an
anticipated inflation factor of 3~, replacement cost of 72-15 in the next
budget would be $38,340.00. Early replacement of the unit would result in
an anticipated vehicle cost savings of $2,344.00. Additionally, early
replacement would result in an anticipated operational savings of
approximately $6,150.00 for the coming year. The vehicle meets all
specifications as in the earlier bid..
Action Required by Council: Authorize purchase of 1990 trash truck from
Knapp Chevrolet at a price of $35,996.00 from Motor Pool Replacement Fund
to replace vehicle 72-15.
Availability of Funds:
General
Capital
XXX. other:
Resolution
Water/Wastewater
Improvement General Revenue Sharing
Motor Pool Replacement Fund
Account Number: Undetermined Funds Available: XX YES NO
Aonroved for city Council Agenda
~,
Robert T. Herrera DATE
City Manager
•
KI~IAPP
CHEVROLET
r
S~
~ ,~+•~:
It's a Snap to Dea] with Knapp!
CITY OF LA PORTE MARCH 25, 1991
604 W FAIRMONT PARKWAY
LA PORTE, TEXAS 77571
Attn: Rick Stewart
This letter is in re guard to bid ~k0407 for the purchase of Heavy Duty
Trash and Dump Trucks. Attached is the specifications for both trucks
and pricing is as follows,
18' Trash Dump body meeting all specifications for immediate delivery `
SPECIAL PRICE QUOTED $35,996.00
10' Dump Truck out of stock per attached specifications for delivery in
2-4 weeks. BID PRICE QUOTED $35,842.00
For purchasing a 18' trash dump truck in 1992 you may add 10% to the price
quoted which would cost the city around $40,000.00 delivered. The 6 yard
dump bed truck on a ordered basis delivery would be around July 1, 1991.
We would like to thank you for your time and considerations on this matter.
If you have any questions or if I may be of servie please call.
Bes ar
i~
on hnson
Fle t Manager
cc Averyt Knapp
815 Houston Avenue P.O. Box 4179 Houston, Texas 77210 (713) 228-4311
•
COST ANALYSIS
EARLY REPLACEMENT OF VEHICLE 72-15
VEHICLE COST:
Low Bid submitted by White=GMC 10-90 = $37,225.00
Proposed special price from Knapp = - 35,996.00
Difference from low bid = $1,229.00
Cost of replacing vehicle FY 91-91
(3°f° inflatiotl factor) _ $38,340.00
Proposed special price from Knapp = - 35,996.00
Early Replacement Savings = 2,344.00
OPERATIONAL SAVINGS:
Yearly Cost Per Mile for vehicle 72-15
15,000 mi/yr x $0.71 / mi = $10,650.00
Yearly Cost Per Mile for 1990 models
15,000 mi/yr x $0.30 / mi = - 4,500.00
Early Replacement Operational Savings= _6,15000
Total Savings = 49,723.00
v
~_ •
International Cargo Network
Don R. Holloway
Chairman of the Board and
Chief Executive Offtrer
April 15, 1991
Mr. Robert T. Herrera
City of La Porte
City Manager
P. 0. Box 1115
La Porte, TX 77571
Dear Bob:
RECEIVED
(APR 17 SG`~
CITY M~i3A~~.RS
pF~iCE
The International Cargo Network ("ICN") Warehouse at Barbours Cut
is virtually complete and operational. I want to take this
opportunity to thank you and the City of La Porte for your most
cooperative and enthusiastic support of this project. There has
been a diligent response to ICN during all phases of the
development and construction process.
I look forward to the future of ICN's involvement in the La Porte
business community.
Kindest regards,
~,,, ~t . ~
Don R. Holloway
DRH:lr
H15-39
16398 Jacintoport Blvd.
Houston, Texas 77015-6537
TEL (713)452-4800
FAX (713) 452-5511