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HomeMy WebLinkAbout1991-07-22 Regular Meeting e . MINUTES OF THE REGULAR MEETING OF CITY COUNCIL JULY 22, 1991 1. The meeting was called to order by Mayor Malone at 6:00 P.M. Members of citv Council Present: Mayor Norman Malone, Councilpersons Guy Sutherland, Mike Cooper, Bob Thrower, Bob McLaughlin, Alton Porter, Deotis Gay, B. Don Skelton, Jerry Clarke Members of citv 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, Police Chief Bobby Powell, Human Resources Manager/Purchasing Manager Louis Rigby, Fire Marshal Paul Hickenbottom, Chief Building Inspector Ervin Griffith, Inspector Mark Lewis, Finance Director Jeff Litchfield, Director of Community Development Joel Albrecht, Director of Parks and Recreation Stan Sherwood, Director of Public Works Steve Gillett, Parks Superintendent Bert Clark Others Present: Mitchell McClain, Harry Hank, PPG; Brent Ryan; 9 citizens 2. The invocation was given by Councilperson Skelton. 3. Council considered approving the minutes of the regular meeting of Council held July 8, 1991. Motion was made by CouncilDerson Thrower to approve the Julv 8 minutes as 9resented. Second by Councilperson McLaughlin. The motion carried, 9 ayes and 0 nays. Nays: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Skelton, Clarke Malone None Thrower, and Mayor Ayes: 4. Council considered approving the minutes of the special called meeting of Council held July 15, 1991. Motion was made bv Councilperson McLauahlin to apDrove the July 15 minutes as presented. Second by Councilperson Clarke. The motion carried, 7 ayes, 0 nays, 2 abstain. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Skelton, Clarke and Mayor Malone Nays: None Abstain: councilpersons Porter and Gay e e Minutes, Public Hearing and Regular Meeting La Porte City Council July 22, 1991, Page 2 5. Mr. Mitchell McClain of PPG presented a brief report on a conference he attended recently and suggested several programs the City could initiate and/or continue in order to Keep Texas Beautiful. 6. Ms. Dorothy Sloan, 2218 Lomax School Road addressed Council regarding a variance to allow her to replace a mobile home on her property. Ms. Sloan was advised to contact the Code Enforcement Division for procedures on what can be done. Council then addressed item 25. 25. Council considered awarding a contract for the La Porte Recreation Center. Motion was made bv CouncilDerson Skelton to award the contract for the La Porte Recreation Center to Marcus Thomas & ComDany. Second by Councilperson Cooper. The motion carried, 9 ayes and 0 nays. Nays: councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Skelton, Clarke Malone None Thrower, and Mayor Ayes: council at this time proceeded with the regular order of the agenda. 7. Mayor Malone called the public hearing regarding dangerous buildings to order. Joel Albrecht and Mark Lewis briefly reviewed the buildings on the list. Seventeen buildings were originally listed. However, due to some of the buildings being demolished by the individuals and/or notification letters being returned unclaimed and/or change of ownership, some of the buildings were removed from the list. Three that still appear on the agenda are to be pulled, also. One has given consent to demolish, one removed due to question of ownership, and one due to owner applying for a building permit for that property. The Mayor called for public input. Mr. Allan Lee addressed Council regarding the building located on lots 12 and 13, block 74, 217 South Carroll. He stated that they are in the process of selling that property to Mrs. Bryan Bertram, who has a firm plan to salvage the frame and foundation of the structure, remove the rubble, maintain the yard, and board up the house. e e Minutes, Public Hearing and Regular Meeting La Porte city council July 22, 1991, Page 3 The Mayor called for further public input. There was none. Councilperson Gay recommended that Mr. Lee's property be pulled from the list and 30 to 60 days be given in order to give enough time for the sale to be completed, if it was permissible from the Council. councilperson Skelton stated he had a problem with pulling it without knowing that it would be repaired and fixed up. For example, one house on Nugent has been extended several times, and has still not been completed. In his experience, very few of the ones extended in the past 11 years has ever been carried out. Councilperson McLaughlin stated that he has known Allan Lee for 40 years, and that when he says he will do something, he'll do it, and he has no problem with it. Councilperson Clarke stated that he does not know Mr. Lee, but he does know Mrs. Bertram, and that if she says she'll fix it up, she'll fix it up. councilperson Cooper asked Mark Lewis if the house is repairable. He replied that in his opinion, it was not salvageable. After an explanation by Mr. Lee as to what work would be done, it was recommended that a completion deadline be set for October 1, and that the building must meet all standard City codes. There being no further comments, the public hearing was closed. In order to expedite the passage of the demolition ordinances, the City Attorney recommended that a motion be made to pull and table items 11 and 17 and that he would encompass the rest of the ordinances so they could be passed as a consent agenda. Motion was made bv CouncilDerson Porter to Dull and table items 11 and 17. which are Ordinances 1769 and 1775. Second by Councilperson Cooper. The motion carried, 8 ayes and 0 nays (Councilperson McLaughlin had left the meeting at 7:03 P.M.). Nays: Councilpersons Sutherland, Cooper, Thrower, Porter, Gay, Skelton, Clarke and Mayor Malone None Ayes: e e Minutes, Public Hearing and Regular Meeting La Porte city council July 22, 1991, Page 4 The ci ty Attorney summarized items 8 through 19 as follows: ORDINANCE 1766 - AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOTS 21-22, BLOCK 84, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT DAN AND RUTH LEWIS IS THE RECORD OWNER OF SAID PROPERTY; ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL OF SAID PREMISES BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. All the other ordinances have the proper legal descriptions and record owners listed. The City Attorney suggested that a motion be entertained as a consent agenda to adopt items 8 through 19, with the exception of 11 and 17, which have been pulled, and item 16, which has been given a completion deadline of October 1 subject to inspection by the Inspection Department. CouncilDerson Gay so moved. Second by Councilperson Sutherland. The motion carried, 8 ayes and 0 nays. Nays: Councilpersons Sutherland, Cooper, Thrower, Porter, Gay, Skelton, Clarke and Mayor Malone None Ayes: 20. Council considered an robbery alarm systems. 1990 for further study. Police Chief Bobby Powell briefly reviewed the ordinance. He pointed out minor changes that were made. ordinance regulating burglary and This item had been tabled in May of The City Attorney read: ORDINANCE 1704 - AN ORDINANCE REGULATING BURGLARY AND ROBBERY ALARM SYSTEMS IN THE CITY OF LA PORTE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00); CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. The City Attorney also pointed out the two changes on the agenda copy: Section3.1(e), Pre-existing installations; and the second, Section 3.5(c) should be amended to read "Failure e e Minutes, Public Hearing and Regular Meeting La Porte City Council July 22, 1991, Page 5 to make application for permit or failure to renew a permit or use of alarm without a permit will be cause for a written citation to be issued to alarm user." Motion was made bY CouncilDerson Skelton to adoDt Ordinance 1704 as noted. Second by Councilperson Sutherland. The motion carried, 8 ayes and 0 nays. Nays: Councilpersons Sutherland, Cooper, Thrower, Porter, Gay, Skelton, Clarke and Mayor Malone None Ayes: 21. Council considered an ordinance amending Ordinance 1476-A, an ordinance requiring prequalification of construction projects having an estimated cost of greater than three hundred thousand dollars ($300,000.00). The city Attorney read: ORDINANCE 1476-B - AN ORDINANCE AMENDING ORDINANCE NO. 1476-A, AN ORDINANCE REQUIRING THE PRE- QUALIFICATION OF CONSTRUCTION PROJECTS HAVING AN ESTIMATED COST OF GREATER THAN THREE HUNDRED THOUSAND DOLLARS ($300,000); REQUIRING FILINGS OF CONTRACTOR'S STATEMENTS WITH THE CITY OF LA PORTE; PROHIBITING CONTRACTORS FROM SUBCONTRACTING MORE THAN FIFTY PERCENT (50%) OF WORK ON CITY OF LA PORTE PROJECTS WITHOUT PRIOR WRITTEN CONSENT; REQUIRING ATTENDANCE AT A PRE-BID CONFERENCE AS A PREREQUISITE TO SUBMITTING A BID; PROVIDING FOR PUBLICATION OF NOTICE; APPROVING AND ADOPTING FORMS FOR THE PRE-QUALIFICATION OF CONTRACTORS; DEFINING "BIDDING CAPACITY" ; ADOPTING DISQUALIFICATION STANDARDS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; CONTAINING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bv CouncilDerson Thrower to adopt Ordinance 1476-B as read by the City Attorney. Second by councilperson Clarke. The motion carried, 7 ayes and 0 nays (Councilperson Porter was away from the table). Nays: Councilpersons Sutherland, Cooper, Thrower, Gay, Skelton, Clarke and Mayor Malone None Ayes: 22. Council considered an ordinance establishing qualifications for corporate sureties issuing performance and payments bonds to the City of La Porte for public works projects. e e Minutes, Public Hearing and Regular Meeting La Porte City Council July 22, 1991, Page 6 The City Attorney read: ORDINANCE 1778 - AN ORDINANCE ESTABLISHING QUALIFICATIONS FOR CORPORATE SURETIES ISSUING PERFORMANCE AND PAYMENT BONDS TO THE CITY OF LA PORTE FOR PUBLIC WORKS PROJECTS; ESTABLISHING CRITERIA FOR REQUIREMENT OF PERFORMANCE AND PAYMENT BONDS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Counciloerson Thrower to adoot the ordinance as read by the city Attorney. Second by Councilperson Clarke. The motion carried, 7 ayes and 0 nays (Councilperson Porter was still away from the table). Nays: Councilpersons Sutherland, Cooper, Thrower, Gay, Skelton, Clarke and Mayor Malone None Ayes: 23. Council considered an ordinance granting a pipeline permit to Diamond Shamrock Refining and Marketing Company. At the request of the ci ty Manager, motion was made by Counciloerson Porter to table this ordinance. Second by councilperson Clarke. The motion carried, 8 ayes and 0 nays. Nays: Councilpersons Sutherland, Cooper, Thrower, Porter, Gay, Skelton, Clarke and Mayor Malone None , Ayes: 24. Council considered an ordinance approving and authorizing an agreement between the city of La Porte and Harris County Zone 34. The City Attorney read: ORDINANCE 1779 - AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY, FOR FIRE PROTECTION IN HARRIS COUNTY ZONE 34; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bY Counciloerson Thrower to adopt Ordinance 1779 as read by the City Attorney. Second by Councilperson Clarke. The motion carried, 8 ayes and 0 nays. Nays: Councilpersons Sutherland, Cooper, Thrower, Porter, Gay, Skelton, Clarke and Mayor Malone None Ayes: 25. Had been addressed at beginning of the meeting. e e Minutes, Public Hearing and Regular Meeting La Porte City Council July 22, 1991 26. Council considered awarding a bid for liquid bleach. Motion was made bv Councilperson Skelton to award the bid for liauid bleach to Hancock Pool Services. Second by Councilperson Clarke. The motion carried, 7 ayes, 0 nays, 1 abstain. Ayes: Councilpersons Cooper, Thrower, Skelton, Clarke and Mayor Malone Nays: None Abstain: Councilperson Sutherland Porter, Gay, 27. Administrative Reports Mr. Herrera reminded Council of the executive session with Brent Ryan. Louis Rigby reminded Council that the ci ty auction would be held July 27. 28. Councilpersons Sutherland, Cooper, Porter, Gay, Skelton and Mayor Malone brought items to Council's attention. 29. Council adjourned into executive session at 7:37 P.M. under V.A.T.S. Article 6252-17, section 2(E}, Legal, to hold a discussion with Special Counsel regarding Houston Chemical Services, Inc./Southern Ionics, Inc. Council returned to the table at 8:27 P.M. 30. There being no further business to come before the Council, the meeting was adjourned at 8:28 P.M. Respectfull~~ittjd: ~~ Cherie Black, city Secretary Passed & Approved this the 12th d~f August, 1991 ~~~~~aYor e e REQUEST FOR CITY COUNCIL AGENDA ITEM ================================================================= Agenda Date Requested: Jul epartment: Community Dev. Requested By: Joel x Report Resolu ion x Ordinance 4 . Index of and status update of Dangerous Buildings. Ordinances to condemn 12 dangerous buildings. Dangerous building inspection report regarding each building under consideration. Video presentation of buildings (if needed). The complete presentation will not be shown but rather be available should questions arise regarding a specific structure. Exhibits: 1. 2. 3. --------------------------------------------------------------- --------------------------------------------------------------- SUMMARY & RECOMMENDATION Summary: On June 24, 1991, City Council reviewed inspection reports and a video presentation regarding 17 buildings which were determined, by the Dangerous Building Board of Inspection, to be dangerous under the terms of City Ordinance 1145. In accordance with the terms of Ordinance 1145, notice has been given that a public hearing will be held by City Council to determine whether or not these buildings should be demolished. Of the 17 buildings originally reviewed by Council, 13 will be considered in public hearing. An index detailing the status of each of the original group of 17 is attached. The purpose of this hearing is to allow the owners of these buildings (as well as any concerned citizens) to provide Council with any reasons why their buildings should not be condemned or demolished. At the close of the public hearing, Council will condemn buildings which are to be removed by adopting condemnation ordinances. A separate ordinance is required for each building to be condemned. The City Secretary will only assign numbers to the Ordinances Council chooses to adopt. This will be done at the close of the public hearing. Recommenda1tion: Adopt condemnation ordinances for each of the buildings being considered. Action Required by Council: 1. Hold public hearing to take owner and citizen input regarding buildings under consideration. 2. Adopt ordinances to condemn each of the buildings which Council wishes demolished. ================================================================ Availability of Funds: N/A 'X Genera 1 Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: Yes No Council Agenda: R C ;)1111 f( Oat I ----------------------------------------------------------------- ----------------------------------------------------------------- 1) 2)* 3) c-- (4) Srw-- 6)* 7)- 8)*1 9)*1 10) 11) 12) 13) 14)* 15)" 16) ~?,_) *2, * *1 *2 e e SPRING 1991 DANGEROUS BUILDING LOCATIONS 311 North Broadway: "Gold" Frame House. (Asbestos) c;:D North- Broadway+---Wh4.~-a:me-Heuse: NO RECEIPT OR RETURN OF NOTICE 213 North 1st: White 1 Story Frame Apartment Building. (Asbestos) 310 North 1st: 628 North 1054::: OF NOTICE 6-G~--Ner-t.-h-9t-h: Fr-ame Houee on Feeder Road \:i th Signa on Front: OWNER SIGNED VOLUNTARY CONSENT TO DEMOLISH FORM 211 ~rt11J:nn:--WfiTte -PrameHous-e-' 103 West "C": Front Green Frame House. (Asbestos) 103 West "C" Rear: White Frame House on Slab. (Asbestos) 501 South 6th: White Frame House 112 North Holmes: Frame House with Collapsed Garage 237 South Holmes: Green Frame House 219 South Carroll: Unpainted Garage Apartment and Shed , Hl3-9-San--Jae-i-nt~% "Be&-aM-MaT-i-e-Ls-": OWNER PULLED DEMOLITION PERMIT ~=aa:y=StJ;e.et.c;.:-,--KQbil e_ aama-~ _:J..Q()2-6,,-~et Hill: Brick House; Fire Damaged 11734 Milam: Garage Frame Fire Damaged Frame House White Frame lIoU3C: NO RECEIPT OR RETURN Not being considered in public hearing. Both buildings on a single piece of property. One demolition ordinance has been prepared to condemn both structures. Owner has submitted plans for construction of new home to be located on this property. Plans include repair of the garage frame. e e ORDINANCE NO. AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOTS 21-22 _ , BLOCK _~__ TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT ___._ Dan and Ruth Lewis IS THE RECORD OWNER OF SAID PROPERTY; ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO F~RWARD A COpy OF THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL OF SAID PREMISES BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Sections 8-115 through 8-126 of the Code of Ordinances of the City of La Porte, creating a Board of Inspection to be composed of the Building Inspector or is duly authorized representative, the Fire Chief or his duly authorized representative, and the Fire Marshal or his duly authorized representative; and WHEREAS, Section 8-l18(aa) of said Sections provide that: Whenever it shall come to the attention of the Board of inspection or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall, within twenty-four (24) hours of the receipt of said complaint, make a thorough inspection of said alleged dangerous building; and WHEREAS, Section 8-118(c) provides that: IAfter the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall immediately report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and WHEREAS, it has heretofore come to the attention of the Board of Inspection that the building located on Lot Lots 21-22; Block 84; Town of La Porte; 311 North Broadway. e e Ordinance No. , Page 2 Harris County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate into a condition of decay or partial ruin or has become a fire hazard, as defined in Section 8-117 of the Code of Ordinances of the City of La Porte; a~d WHEREAS, said Board of Inspection has heretofore made and filed its written report, dated 05-28-91 , finding said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner of said property, Dan and Ruth Lewis , whose address is c/o Frankie James Lewis, Sr. - 311 North Broadway. La Porte, Tx , that a hearing as provided in Section 5 of said Ordinance would be held at 604 West Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice of said hearing upon said owner, by reqistered mail, return receipt requested, which return receipt indicates that said owner received ~aid notice on unclaimed ,.a date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board of Inspection; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and e e Ordinance No. ________1 Page 4. ~_ect i Oll-G__:.- The City Council hereby orders the Board of Inspection of the City of La Porte to cause a notice of the dangerous, insanitary condition of the building to be affixed in one or more conspicuous places on the exterior of the building, which notice or notices shall not be removed or defaced by any person, under penalty of law. Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner of said property, the said Dan and Ruth Lewis , by registered mail, return receipt requested. Section 8. Should the said Dan and Ruth Lewis not comply with the orders contained in this Ordinance relating to the removal or demolition of such building within ten (10) days after hereof, then the Board of Inspection of the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said Dan and Ruth Lewis record owner of said property, and shall thereupon become I a valid and enforceable personal obligation of said owner of such premises, and the said Board of Inspection shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building, and made lien thereon. Section 9. The City Council officially finds, determines, and 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 e e Ordinance No. , Page 5. preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 22nd day of 1991 July , CITY OF LA PORTE By Mayor ATTEST: City Secretary APPROVED: I City Attorney e e CITY' OF LA PORTE DANGEROUS DUILDING 'INSPECTION fO~\ . . D1\'!'E 05-28-91 " STREET ADDRESS 311 North Broadway miNER Dan and Ruth Lewis 311 North Broadway ADDRESS La Porte, Tx 77571-3575 OCCUPANT None AGENT Frankie James Lewis Sr. SURVEY OR SUDDIVISIONTown of ,La Porte BLOCK 84 LOT 21-22 G. C. TYPE OCCUPANCY Residential ZONING FACILITIES AVAILABLE: WATER x SANITARY SE\'lER . x ELECTRICAL POWER x GAS x NUMDER OF DWELLING UNITS 1 VACANT x OCCUPIED AS REQUIRED IN CITY' OF LA PORTE ORDINANCE 111145, SEC'l'ION 8-118, 'filE. BOARD OF INSPECTION MADE AN INSPECTION OF 'l'lII:: AFOREMEN'l'IONED PROp. ERTY', AND DETEIU<1.INED TilE BUILDING LOCATED THEREON, IN THEIR OPINIOl'l, IS IN FACT A DANGEROUS BUILDING, FOR 'rUE FOLLO\"IING REASONS: (AS OUTLINED IN CITY OF LA PORTE ORDINANCE 111145, SECTION 8-117). BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER 'REPAIR OR ANY' OTHER CAUSE, 'IT IS ESPECIALLY LIABLE TO FIRE ~ND CONSTITUTES A FIRE UAZARD; OR BECAUSE OF FAULTY CONSTRUCTION OR ANY' OTHER CAUSE, IT IS LIABLE TO CAUSE INJURY OR DN1AGE BY COLLAPSING OR BY COL- LAPSE OR FALL OF ANY PART Of SAID STRUCTURE; OR BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF.SECURED DOQRS OR \'lINDONS, IT IS AVAILABLE TO AND FREQUENTED BY MALEFACTORS OR DISORDERLY PERSONS ''lHO ARE NOT LAWFUL OCCUPANTS OF SAID STRUCTURE; OR BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC 'HEALTH AND HAY CAUSE OR AID IN THE SPREAD OF DISEASE '. "OR INJURY TO THE HEALTH 01;' THE OCCUPANTS OF IT OR NEIGU- ." BORING STRUCTURES. , '(SEE INSPECTION CIIECKLIST' ON REVERSE SIDE WHICH IS A PART Of 'rillS REPORT. ) FINDINGS 'AND CONCLUSIONS OF TilE BOARD OF INSPECTION: IT IS TilE OP.:F-NION OF' '1'IIIS INSPECTION n01\RD, 1\F"J'El< USING CI'rV 01" ,LA PORTE ORDIN1\NCE #1060 (S'r1\NDARD HOUSING CODE, 1976 EDITION) 1\S ITS GI:lIDE IN MAKING THE INSPECTION, TH1\'1' THIS BUILDING IS IN F'1\CT D1\NGEROUS, NOT REP1\IRABLE, AND SIIOULD BE DEMOLISHED. 'rltIS BUILDING DOES NOT PROVID TilE BASIC MINIMUM 'HOUSING S'1'ANDARDS DEEMED ESSENTI1\L FOR S1\FE AND IIEALTIIFUL LIVING FOR A RESIDENTIAL OCCUPANCY 1\ND IS 1\ TJIREl\'r '1'0 PUBLIC SAFETY, HEALTH, AND THE GENERAL WELFARE 01;> TilE CITIZENS OF LA PORTP.. : 7Z;-~ , ~!?d~~h-,::> ./~,?~, , ~ ' ,. e e J.t QJ .~ QJ .tJ I\J .Q'tl I\J a. QJ REHJ\IU,S ~ QJ 0.... 0' n: .tJ.... . QJ I\J . 1355 'tl 'tl 'tl.tJ L1\ PORTE OROIN1\NCE . I\J ,QJ QJ II) (ST1\N01\RD HOUSING CODE, ~ QJ QJ ~ H Z . ZH 1902 EDITION) 1 . Means of Eq ress x 2. Hoom SJ.zes *. 3. Privacy of Oath * 1\ . Privacy of Oed room s * 5. Free ot lnfes ta tions NO 6. Garb,'qe Storage N/A -. Ce i l..i ng lIeights - 00- 7. O. K. - - n. \'linclO\o/ Clearances x . 9. \'Ii. ndow Ar.en x :".; 10. WindO\o/ Or-ena.ble '- Areas x 1l. \'lindo\o/ Sash x 12. Screens x i3. ''Ii ndo\o/ Frames x 1" . Foundation x .. 15. Piers x J.6. Floor Framlng x J. 7. Floorin<;r x - 1G. Exterior '''alls x 19. Columns . . N/A 20. E:< ter ior Steps v 21. Exterior S tai rs N/n 22. Roof .lnq --X- 23. Root.1ng Flashing v 24. Roof Hafters v .' 25. Sheathing x 26. Exterior Doors v 27. Interior Doors * 28. Partitions * 29. Interior .Stairs NIl\. 30. Ceil.ing Joists x 3l. lIard\'/are ){ 32. Mechanical Vent.1la- tion * 33. Electric Lig h ts x 34. Electric Switches * 35. Electr.lc Outlets * 36. Electric Panel x 3"J . lIeating Equi~rnent * " 38. S.lnk * 39. Lavatory * 40. "/a te r Closet * 41. Oath 'rub * 42. P lumbin9 Dra.lnuqe * 43. 1I0t \'/a te r ~ ., x 44. Cold '''ater x 4 5. Water lIeater N/A - 4 G . Grass YES 47. 'l'rash YJ~S 4 R . Arpl.1anc(!s NO 49. Furniture NO 50. Au tOl11obiJ:c!> N/A 51. Second.:try Structur.e YES CHECK LIST CODE VIOIATICN 001'rnrrs * Hop.sa se~ured!. Ex~eriQ.I' onl v. .. e e ORDINANCE NO. AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOTS 23-24 ,BLOCK 62 TOWN OF LA PORTE, HARRIS CO~NTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT _~E~RGE W. AND ERNESTINE SHOWS IS THE RECORD OWNER OF SAID PROPERTY; ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COpy OF THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL OF SAID PREMISES BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Sections 8-115 through 8-126 of the Code. of Ordinances of the City of La Porte, creating a Board of Inspection to be composed of the Building Inspector or is duly authorized representative, the Fire Chief or his duly authorized representative, and the Fire Marshal or his duly authorized representative; and WHEREAS, Section 8-118(aa) of said Sections provide that: Whenever it shall come to the attention of the Board of inspection or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall, within twenty-four (24) hours of the receipt of said complaint, make a thorough inspection of said alleged dangerous building; and WHEREAS, Section 8-118(c) provides that: ~fter the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall immediately report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and WHEREAS, it has heretofore come to the attention of the Board of Inspection that the building located on Lo~ 71-?4. . Blk 62; Town of La Porte: 213 N. lsr e e Ordinance No. , Page 2 Harris County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate into a condition of decay or partial ruin or has become a fire hazard, as defined in Section 8-117 of the Code of Ordinances of the City of La Porte; and WHEREAS, said Board of Inspection has heretofore made and filed its written report, dated 05-28-91 _____, finding said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner of said property, George W. and Ernestine Shows 222 North 5th, Apt. #4 La Porte, Tx 77571-3428 , whose address is c/o Thomas Edward, , that a hearing as provided in Section 5 of said Ordinance would be held at 604 West Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice. of said hearing upon said owner, by reqistered mail, return receipt requested, which return receipt indicates that said owner received said notice on unclaimed , .a date more than ten (10) days before the date set for said hearing; WHER~AS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board of Inspection; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and e e Ordinance No. , Page 3. WHEREAS, City Council entered its order on June 24, 1991 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF,LA PORTE: Section 1. This Ordinance contains the findings and orders of the City Council of the City uf La Porte, and its conclusions" based upon the evidence presented at said hearing. Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board of Inspection, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building to be a nuisance, and orders such building condemned. Section 4. The City Council hereby finds, determines and declares that George W. and Ernestine Shows , who resides at 222 North 5th, Apt. #4, La Porte, Tx; c/o Thomas Edward , is the record owner of the property on which this building is situated, and that as such record owner, the said Georqe W. and Ernestine Shows has been duly and legally notified of these proceedings. I Section 5. George W. and F.rnp!':t-inp Show!': The City Council hereby orders the said building, and further to entirely remove or tear George W. and orders the said Ernestine Shows down such to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete such removal of demolition of such building within a reasonable time. e e Ordinance No. , Paqe 4. Section 6. The City Council hereby orders the Board of Inspection of the City of La Porte to cause a notice of the dangerous, insanitary condition of the building to be affixed in one or more conspicuous places on the exterior ~f the building, which notice or notices shall not be removed or defaced by any person, under penalty of law. Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner of said property, the said Georqe W. and Ernestine Shows , by reqistered mail, return receipt requested. Section 8. Should the said Georqe W. and Ernestine Shows not comply with the orders contained in this Ordinance relating to the removal or demolition of such building within ten (10) days after hereof, then the Board of Inspection of the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said Georqe W. and Ernestine Shows , record owner of said property, and shall th~reupon become a valid and enforceable personal obligation of said owner of such premises, and the said Board of Inspection shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building, and made lien thereon. Section 9. The City Council officially finds, determines, and 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 e e Ordinance No. ____' Page 5. preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the,subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 22nd day of 1991 ATTEST: CITY OF LA PORTE By July , Mayor City Secretary APPROVED: I City Attorney e e CITY OP LA PORTE DANGEROUS BUILDING . INSPECTION PO~1 . . D^,l'E 05-28-91 STREET ADDRESS 213 North'lst 222 North 5th, Apt '4 OliNER George W. & Ernest'ine Shows ADDRESS.l.a Portp.. Tx 771)71-3428 OCCUPANT None AGENT Thomas Edwarn SURVEY OR SUBDIVISION La Porte' BLOCK 62 LOT 23-24 ZONING R-l TYPE OCCUPANCY Residential FACILITIES AVAILABLE: WATER x SANITARY SElVER .x ELECTRICAL POWER x GAS x NUMBER OF DWELLING UNITS 6 VACANT 6 PCCUPIED AS REQUIRED IN CITY OF L1\ PORTE ORDINANCE 111145, SEC'l'ION 8-118, THE. BOARD OF INSPECTION MADE AN INSPECTION OF THB AFOREMENTIONED PROp. ERTY, AND DETERL'4INED THE BUILDING LOCATED THEREON, IN THEIR OPINIOi'l, IS IN FACT A DANGEROUS BUILDING, FOR TIlE FOLLot'1ING REASONS: (AS OUTLINED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-117). BECAUSE OF FAULT~ CONSTRUCTION, AGE, LACK OF PROPER 'REPAIR OR ANY OTHER CAUSE, iT IS ESPECIALLY LIABLE TO FIRE AND CONSTITUTES A FIRE ~AZARD; OR BECAUSE OF FAULTY CONSTRUCTION OR ANY OTIIER CAUSE, IT IS LIABLE TO CAUSE INJURY OR DM1AGE BY COLLAPSING OR BY COL- LAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF.SECURED DOORS OR NINDOWS, IT IS AVAILABLE TO AND FREQUENTED BY 'MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LAWPUL OCCUPANTS OF SAID STRUCTURE; OR . . BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC HEALTH AND HAY CAUSE OR AID IN THE SPREAD OP DISEASE ....OR INJURY TO .THE HEALTH OF. THE OCCUPANTS OF IT OR NEIGH- . BORING STRUCTURES. I I ' . (SEE INSPECTION CHECKLIST ON REVERSE SIDE WHICH IS A PART OF TillS REPORT. ) FINDINGS'AND CONCLUSIONS OF THE BOARD OP INSPECTION: . ~:.. I T'I' T~ THR OP'TNTON OF TIII!-1 TNSP)<:(,TIO~ BOARO, .1\.F''J.'R.f? USING CITY OF 'LA PORTE ORDINANCE '1060' (STANDARD HOUSING rODE] 1976 EDITION) AS ITS GUIDE IN MAKING THE INSPECTION, THAT THIS RlJTLOTNG IS IN FACT DANGEROUS NOT REPAIRABLE, AND SHOULD BE DEMOLISHED. THT~ RTlTT.DING DOES NOT PROVIDE THE BASIC MINIMUM HOUSING STANDARO~ hRRMRI) E~~F.N'I'TAL FOR SAFE AND HE1\LTHFUL LIVING FOR A RESIDENTIAl, OCrnp7\Nr'Y 7\NI) T~ 7\ 'I'HRRAT TO PUBLIC SAFETY, HEALTH, AND THE GENERAL WELFARE OF THE CITIZENS OF LA PORTE. . IN;pj:Tyn~ : : /&d.{-C ' (J?t:'1!~~<"1;:::::' ~--7~~ - , /' r e . CHECK LIST J.f QJ .rl QJ # f\J ..o"Cl f\J 0. QJ REN1\RKS ::J QJ Or-! 0' ~ #r-I QJ f\J . " 1355 "Cl "Cl "Cl# L1\ PORTE ORDIN1\NCE fU QJ QJ III (ST1\ND1\RD HOUSING CODE, s::: QJ QJ c:: H Z ZH 1902 EDITION) 1 . Mealls of Eq re s s x 2. Hoom SJ.zes O'K 3. PrJ.vacv or Oath x 1\ . Privacy of l3edrooms y 5. Free ot Infes ta tions NO 6 . Garbilqe Storage -. x lIeights - .0- 7. Ceiling o. K o. \'1 i nel 0\01 Clearances -- x . 9. \'linrlO\oI Area - x 10. Window Openable Areas x 11. \'1 i ndo\'l Sash x 12. Screens x 13. Nindo\oI Frames x ' , 14. Foundiltion .. x 15. Piers x 16. Floor Frami.ng x 17. Flooring x 16. Exterior \'1alls x 19. Columns N/A 20. Exterlor Steps x 21. Exterior Stairs N/A 22. Rooflng x 23. Rootlng Flashing x 24. Roof Rafters O. K. 25. Sheathing x 26. Exterlor Doors x 27. Interior Doors x 28. partitions x 29. Interior ,Stairs N/A 30. Ceiling Joists () , ' K. 3l. Hard\'lare x 32. Mechanical Ventl1a- tion x 33. Electric Lights x 34. Electric Switches x 35. Electric Outlets x 36. Electric Panel x 37. Heating Equipment " x 38. Sink x 39. Lavatory x 40. \'/ilter Closet x 41. Oa th Tub x 42. Plumblnq Draln.:tqe x 43. Hot \'/a te r , x 4 IJ . Cold \'1a ter x 45. Watcr Heatcr - x 1J(j. Grass N1 A 47. 'l'r.:t sh N A 40. AppllanC(~S N A 49. Furniture N1 A 50. Automobilc!i N1 A 51- Second.1ry Structur.e NI A', CODE VIOIATICN C(l1'.lfl.rrs " / e e ORDINANCE NO. AN ORDINANCE DECLARING THE BUILDING LOCATED ON L01S 11-12 , BLOCK 84 TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT u___________ Walter Tyler IS THE RECORD OWNER OF SAID PROPERTY; ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FqRWARD A COpy OF THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL OF SAID PREMISES BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Sections 8-115 through 8-126 of the Code of Ordinances of the City of La Porte, creating a Board of Inspection to be composed of the Building Inspector or is duly authorized representative, the Fire Chief or his duly authorized representative, and the Fire Marshal or his duly authorized representative; and WHEREAS, Section 8-118(aa) of said Sections provide that: Whenever it shall come to the attention of the Board of inspection or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall, within twenty-four (24) hours of the receipt of said complaint, make a thorough inspection of said alleged dangerous building; and WHEREAS, Section 8-118(c) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall immediately report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and WHEREAS, it has heretofore come to the attention of the Board of Inspection that the building located on Lots 11-12 Block 84: Town of La Porte: 310 North 1st e e Ordinance No. , Page 2 Harris County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate into a condition of decay or partial ruin or has become a fire hazard, as defined in Section 8-117 of the Code of Ordinances of the City of La Porte; a~d WHEREAS, said Board of Inspection has heretofore made and filed its written report, dated 05-28-91 , finding said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner of said property, Walter Tyler whose address is 211 Bayridge Road, La Porte, Tx , that a hearing as provided in Section 5 of said Ordinance would be held at 604 West Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice of said hearing upon said owner, by reqistered mail, return receipt requested, which return receipt indicates that said owner received said notice on July 8, 1991 , aa date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board of Inspection; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and e e Ordinance No. , Page 3. WHEREAS, City Council entered its order on June 24, 1991 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the findings and orders of the City Council of the City of La Porte, and its conclusions" based upon the evidence presented at said hearing. Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board of Inspection, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building to be a nuisance, and orders such building condemned. Section 4. The City Council hereby finds, determines and declares that Wayne Tyler , who resides at 211 Bayridge Road, La Porte, Tx , is the record owner of the property on which this building is situated, and that as such record owner, the said Wayne Tyler has been duly and legally notified of these p~oceedings. Section 5. The City Council hereby orders the said Wayne Tyler to entirely remove or tear down such building, and further orders the said Wayne Tyler to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete such removal of demolition of such building within a reasonable time. e e Ordinance No. , Page 4. Section 6. The City Council hereby orders the Board of Inspection of the City of La Porte to cause a notice of the dangerous, insanitary condition of the building to be affixed in one or more conspicuous places on the exterior of the building, which notice or notices shall not be removed or defaced by any person, under penalty of law. Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner of said property, the said Wayne Tyler , by registered mail, return receipt requested. Section 8. Should the said Wayne Tyler not comply with the orders contained in this Ordinance relating to the removal or demolition of such building within ten (10) days after hereof, then the Board of Inspection of the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said Wayne Tyler , record owner of said property, and shall thereupon become I a valid and enforceable personal obligation of said owner of such premises, and the said Board of Inspection shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building, and made lien thereon. Section 9. The City Council officially finds, determines, and 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 e e , Page 5. Ordinance No. preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 10. This Ordinance shall take effect and be in force from and afte~ its passage and approval. PASSED AND APPROVED this the 1991 22nd day of July , CITY OF LA PORTE By Mayor ATTEST: City Secretary APPROVED: I City Attorney e e CITY OP L1\ PORTE .D1\NGEROUS DUILDING . INSPEC'l'ION FORM " . . 1st' STREET J\DDRESS 310 N. m'lNER Walter Tvler OCCUPANT None SURVEY OR SUDDIVISION To"m of La 'Porte . . D1\TE 05-28~.9'1~'\\ .' /". '\ ~ JJ., J phf-') U 'J- 'tJV ~' I n - or __-...-.. ." ~~ ~;idge_RQad) hDDRESS~La-Porte, Tx 77571-3557 AGEN'f None DLOCI< 84 I..OT 11-12 G. C. TYPE OCCUP1\NCY Residential ZONING FACILITIES AVAILADLE: W1\TER x Sl'.NIT1\RY SE1'fER .X ELECTRICAL POWER x GA~ x 1 VACAN'I' x PCCUPIED NUHDER OF DWELLING UNIT~ AS REQUIRED IN CITY OF LA POR'I'E ORDINANCE 111145, SEC'I'ION 0-110, 'rIlJ~. DOARD OF INSPECTION Ml\DE AN INSPECTION 01:' 'I'IIE Al;'OREMENTIONED PROp. ER'l'Y, AND DETEJU\1INED TilE DUILDING LOCNI'ED '1'IIEREON, IN '1'IIEII( OPINIOi'l, IS IN FACT A DANGEROUS BUILDING, FOR TilE FOLLO\HNG REASONS: (AS - OUTLINED IN CITY OF LA PORTE ORDINANCE 01145, SECTION 0-117). EJ o '0 Q (2) BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER 'REPAIR OR ANY OTIIER CAUSE, "I'!' IS ESPECIALLY LIABLE TO FIRE -?\ND CONSTITUTES A FIRE JlAZARDi OR DECAUSE OF FAULTY CONSTRUCTION OR ANY OTIIER CAUSE, IT IS LIABLE TO CAUSE INJURY OR DN1AGE BY COLLAPSING OR BY COL- LAPSE OR FALL OF ANY PART OP SAID STRUCTUREi OR (1) (3) BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF.SECURED DOO.ItS OR l-lINDm'lS, IT IS AVAILABLE TO AND FREQUENTED BY MALEFACTORS OR DISORDERLY PERSONS \'1110 ARE NO'1' LAWFUL OCCUPANTS OF SAID STRUCTUREi OR (4 ) . . DECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC 'lJEALTU AND HAY CAUSE OR AID IN THE SPREAD OF DISEASE '''OR INJURY TO .'I'UE BEAL'I'II OF. THE OCCUPANTS OF IT on NEIGH- BORING STRUCTURES. I 1'1 ~ . (SEE INSPECTION CHECKLIST ON REVERSE SIDE WIIICH IS A PAR'f OP TillS REPORT. ) FINDINGS AND CONCLUSIONS OF TilE BOARD OF INSPEC'l'ION: IT IS THE O~~NION OF THIS INSPECTION BOARD, AFTER USING CITY OP , LA PORTE 'ORDINANCE it 1060 (STANDARD HOUSING CODE, 1976 EDITION) AS ITS GUIDE IN MAKING THE INSPECTION, THAT THIS BUILDING IS IN FACT DANGEROUS I . . '. NO'l' REPAIRABLE, AND SHOULD BE DEMOLISHED. THIS BUILDING DOES NOT . PROVIDE .THE BASIC .MINHmM HOUSING, STANDARDS DEEHED ESSENTIAL FOR SAFE AND HEALTHFUL LIVING FOR A RESIDENTIAL OCCUPANCY AND IS A THREAT TO PUBLIC SAFETY, HEALTH,' AND THE GENERAL WELFARE OF ~HE CITI ZENS OF LA PORTE., ~S:. . '~ , ~;.? it~L,.;::> -/-;?~,-" " e e ,. -- ... QJ .M QJ .f.J rtJ .0'0 rtJ 0. CU REH^IU\S ::J cu Orl 0' Il: .f.Jrl . IIJ I\J , 1355 '0 '0 't1.f.J L/\ PORTE ORDINANCe I I\J QJ QJ III . (ST/\NOARO HOUSING CODE, s:: cu QJ c: H Z . ZH 1902 EDITION) l. t-1eillls of Eq ress X 2. HoOto Sizes *' J. Privacy ot Outh * . of Oed rooms 1\ . Privucy * 5. Free ot Infestat~ons NO ... 6 . Ga r.bcHI e Storaqe N/A lIeights u_ 7. Ceilinq * - n . h'i nclo'" Clearances X . -9. '"indo''' Area " - X r :; nf:-' '''lndo\o/ Openable -- .- Areas X 1l. '" i ndO\o/ Silsh X 12. Screens X - 13. ,'Ii ndol" Frames X Iii. Foundation X -. 15. piers X tf 16. Floor Framing X 17. Flooring X - IG. Exter~or '''all s x i 9. Columns - N/A 20. Exterior Steps X 21. Exterior Stairs N/A 22. Roofinq X 23. Rooting Flashing . X 2/1. Hoof Ha f ters X 25. Sheathing X 26. Ex terior ---- Doors x 27. Interior Doors .... , * 28. partitions 29. Interior .Stairs N/A 30. Ceiling Joists ".. ]l. Hard\-lare .... 32. Nechanical Ventl1a- tion * 33. Electric Lights X 3 IJ . ElectriC Switches X J 5. Electric Gu tIe ts x 36. Elpctric Panel X 37. Heating Equipment .' * 30. Sink - * 39. J~ilva tOLY * IJ 0 . "/a te r cioset * 41. Oath 'ruu * 42. P lumbin9 DraincJqe X 43. 1I0t "/a te r ~ X , "" . Cold '''ilter * 11 5. ''in tc r Ilea te r X - 46. Grass YES 47. 'J'rush YES 4 r. . Arpl~allc(~s N/A 11 9. Furnltllre N/A 50. Automobile!> N/A 51.. Seconu.:lry Structure N/A CHECK LIST cone VIOIATICN ..i. COif'lfl'rrs * .Hous~ ,was .boarded' up' after suffering serious fire damage. Exterior inspection only. / , e e ORDINANCE NO. AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOTS 28-32 _ , BLOCK ---12 TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDE~I~G SUCH BUILDING CONDEMNED; FINDING THAT Ered-Deon~l ~nn Patrlcla Kulbeth IS THE RECORD OWNER OF SAID PROPERTY; ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO F~RWARD A COPY OF THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL OF SAID PREMISES BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Sections 8-115 through 8-126 of the Code of Ordinances of the City of La Porte, creating a Board of Inspection to be composed of the Building Inspector or is duly authorized representative, the Fire Chief or his duly authorized representative, and the Fire Marshal or his duly authorized representative; and WHEREAS, Section 8-118(aa) of said Sections provide that: Whenever it shall corne to the attention of the Board of inspection or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall, within twenty-four (24) hours of the receipt of said complaint, make a thorough inspection of said alleged dangerous building; and WHEREAS, Section 8-118(c) provides that: ~fter the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall immediately report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and WHEREAS, it has heretofore come to the attention of the Board of Inspection that the building located on Lot~ 28-32: Elk 72; La Porte; 211 North 11th Street e e Ordinance No. , Page 2 Harris County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate into a condition of decay or partial ruin or has become a fire hazard, as defined in Section 8-117 of the Code of Ordinances of the City of La Porte; a~d WHEREAS, said Board of Inspection has heretofore made and filed its written report, dated 05-28-91 , finding said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner of said property, Fred Deanal and Patricia Kulbeth , whose address is Rt. 2 Box 45 Wilmar, ARK 71675-9306 , that a hearing as provided in Section 5 of said Ordinance would be held at 604 West Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice of said hearing upon said owner, by reqistered mail, return receipt requested, which return receipt indicates that said owner received said notice on July 10, 1991 , aa date more than ten (10) days before the date set for said hearing; WHER~AS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board of Inspection; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and e e Ordinance No. , Page 3. WHEREAS, City Council entered its order on June 24, 1991 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the findings and orders of the City Council of the City of La Porte, and its conclusions" based upon the evidence presented at said hearing. Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board of Inspection, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building to be a nuisance, and orders such building condemned. Section 4. The City Council hereby finds, determines and Fred Deona1 and declares that Patricia Ku1beth , who resides at Rt 2 Box 45; Wilmar, ARK 71675-9306 , is the record owner of the property on which this building is situated, and that as such record owner, the said Fred Deona1 and Patricia Ku1beth has been duly and legally notified of these ~roceedings. Section 5. Fred Deona1 and PR~ri~iR Knlhp~h The City Council hereby orders the said building, and further ___to entirely remove or tear down such Fred Deona1 and orders the said patricia Ku1beth to commence such removal within ten (10) days ftom the effective date of this Ordinance, and to complete such removal of demolition of such building within a reasonable time. e e Ordinance No. ________, Page 4. Section 6__!- The City Council hereby orders the Board of Inspection of the City of La Porte to cause a notice of the dangerous, insanitary condition of the building to be affixed in one or more conspicuous places on the exterior of the building, which notice or notices shall not be removed or defaced by any person, under penalty of law. Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner of said property, the said Fred Deonal and Patricia Kulbeth , by registered mail, return receipt requested. Section 8. Should the said Fred Deonal & Patricia Kulbeth hot comply with the orders contained in this Ordinance relating to the removal or demolition of such building within ten (10) days after hereof, then the Board of Inspection of the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said Fred Deonal and Patricia Kulbeth , record owner of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said Board of Inspection shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building, and made lien thereon. Section 9. The City Council officially finds, determines, and 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 e e Ord i nance No. ___0' Page 5. preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 1991 . 22nd day of July , CITY OF LA PORTE By Mayor ATTEST: City Secretary APPROVED: City Attorney e e CITY OF LA PORTE DANGEROUS DUILDING 'INSPECTION FORM . . DATE 05-28-91 " STREET J\DDRESS '211 North' 11th Street Fred Deonal and mmER . patricia Ku1beth Ht 2; Box 45; . ADDRESS Wilmar, ARK 71675-9306 OCCUPANT SURVEY OR SUBDIVISION Town of La/Porte ZONING Light Industrial None AGENT None BLOCK LOT 28-32 72 TYPE OCCUPANCY Residential x SANITARY SE\'lER -'- x F'ACILITIES AVAILABLE: WATER ELECTRICAL POWER GAS x x 1 VACAN'l' PCCUPIED x NUMBER OF DWELLING UNITS AS REQUIRED IN CITY OF LA PORTE ORDINANCE IJ1145, SECTION 8-118, TilE. BOARD OF INSPECTION MADE AN INSPECTION OF TIU..': AFOREMENTIONED PROp. ERTY, AND DETEIU-1INED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: (AS OUTLINED IN CITY OF LA PORTE ORDINANCE Gl145, SECTION 8-117). . EJ (1) IJ (2) . El (3) EI (4) BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER 'REPAIR OR ANY OTIIER CAUSE, "IT IS ESPECIALLY LIABLE TO FIRE ~ND CONSTITUTES A FIRE ~AZARD; OR BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT IS LIABLE TO CAUSE INJURY OR DM,1AGE BY COLLAPSING OR BY COL- LAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF.SECURED DO~RS OR WINDOWS, IT IS AVAILABLE TO AND FREQUENTED BY MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LAWFUL OCCUPANTS OF SAID STRUCTURE; OR . . . BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC 'HEALTH AND HAY CAUSE OR AID IN THE SPIlliAD OF DISEASE ""OR INJURY TO THE HEALTH OF. THE OCCUPANTS OF IT OR NEIGII- '0.0 'BORING STRUCTURES. . .... ''':- I I I . (SEE INSPECTION CHECKLIST ON REVERSE SIDE WHICH IS A PART OF TillS REPORT. ) FINDINGS AND CONCLUSIONS OF THE DOARD OF INSPECTION: IT IS 'liHE OPl"NION OF 'fIllS INSPECTION BOARD, Al'?TER USING CI'l'Y OF .LA PORTE ORDINANCE #1060 (STANDARD HOUSING CODE, 1976 EDITION) AS ITS GUIDE IN MAKING THE INSPECTION, THAT TillS BUILDING IS IN FACT DANGEROUS I NO'!' REPAIRABLE, AND SHOULD BE DEMOLISHED. THIS BUILDING DOES NOT PROVI THE BASIC MINIMUM HOUSING STANDARDS DEEMED ESSENTIAL FOR SAFE AND HEALTHFUL LIVING FOR A RESIDENTIAL OCCUPANCY AND IS A THREAT TO PUBLIC SAFETY, HEALTH, AND TilE GENERAL WE'LFARE OF THE CITI.ZENS OF LA PORT~. 72J: I_~ V {$/t4AJb ?'//~-,-~ / r e e . ' H QI .... QI .... nJ .ore! nJ O. QJ REH1\RKS ::J QJ 0'-' tJ' 0:: .&J.-. . QJ nJ . D 1355 re! re! 'tJ-l.l LA PORTE ORDINANCE nJ QJ QJ II) (ST1\ND1\RO HOUSING CODE, f:: QJ QJ f:: H Z . ZH 1902 EDITION) 1. Mcans of Eq ress v 2. Hoom SJ.zcs 0: K. 3 . PrJ.vtJcy of I)tJth y 4 . PrivtJcy of I3cdrooms v 5. Free of Infes ta t10ns NO -~ GiirbClCJe N/A ... StortJge -.--- 7. Cciling lIeights o. K. \'1 i nelO\v' -.- B . Clearances x . " - ...- 9. \-Hndow Area x ; 10. Windo\v' Openable ..--- Areas x 11. \'1inoO\... Sash x 12. Screens x 13. \'iindo\v' Frames x 14. Foundation .. x 15. piers x 16. Floor Frami.ng x 17. Flooring x - 18. ExterJ.or Nalls x 19. Columns x 20. Exterior Steps x 21. Exterior Stairs N/A 22. RoofJ.nq x 23. RoofJ.ng Flash1ng x 24. Roof Rafters x 25. Sheathing 'U' 26. ExterJ.or Doors x 27 . InterJ.or 000 rs x 28. Partitions x 29. Inter10r .S tairs - x 30. Ceiling.Joists x 3l. Hard\olare x 32. Mechanical VentJ.la- tion x 33. Electric Lights x 34. Electric Swi tches x 35. Electric Outlets x 36. Elec tr ic Panel x 37. Heating Equipment .' x 38. Sink v 39. J..ava tory v 40. \'la te r Closet v 41. Dath Tub v 42. P lumbJ.ng DraJ.nuqc y 43. Hot \'/a te r , y 44. Cold ''1atcr y 45. ''In tc r Heatcr - y 46. Grass YES 47. 'l'rtJsh YES 4 G . AfJplJ.anc(~s NI A 49. Furniturc NI 1\ 50. Automobilc!> NI A 5J.. Sccond.:lry Structur.c YES CHECK LIST CODE VIOIATICN " ca1-TllITS I, e e ORDINANCE NO. AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOTS 29-32 (W. Pt.) , BLOCK 12 TOWN OF LA PORTE, HARRIS CO~NTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT ___F?i"A MAE KELLY __ IS THE RECORD OWNER OF SAID PROPERTY; ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL OF SAID PREMISES BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Sections 8-115 through 8-126 of the Code. of Ordinances of the City of La Porte, creating a Board of Inspection to be composed of the Building Inspector or is duly authorized representative, the Fire Chief or his duly authorized representative, and the Fire Marshal or his duly authorized representative; and WHEREAS, Section 8-118(aa) of said Sections provide that: Whenever it shall come to the attention of the Board of inspection or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall, within twenty-four (24) hours of the receipt of said complaint, make a thorough inspection of said alleged dangerous building; and WHEREAS, Section 8-118(c) provides that: After the inspection provided for in this Section has been 'made, wi th or without the a id of experts, the Board shall immediately report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and WHEREAS, it has heretofore come to the attention of the Board of Inspection that the building located on Lots W. Pt. of 29-32: Elk 12: La Porte: 10'3 West "e" e e Ordinance No. , Page 2 Harris County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate into a condition of decay or partial ruin or has become a fire hazard, as defined in Section 8-117 of the Code of Ordinances of the City of La Porte; and WHEREAS, said Board of Inspection has heretofore made and filed its written report, dated 05-28-91 , finding said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner of said property, Eva Mae Kelly , whose address is 103 West "e" Street: La Porte, Tx 77571 , that a hearing as provided in Section 5 of said Ordinance would be held at 604 West Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice of said hearing upon said owner, by reqistered mail, return receipt requested, which return receipt indicates that said owner received said notice on unclaimed , aa date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board of Inspection; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and e e Ordinance No. , Page 3. WHEREAS, City Council entered its order on June 24, 1991 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF~LA PORTE: Section 1. This Ordinance contains the findings and orders of the City Council of the City of La Porte, and its conclusions" based upon the evidence presented at said hearing. Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board of Inspection, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building to be a nuisance, and orders such building condemned. Section 4. The City Council hereby finds, determines and declares that Eva Mae Kelly , who resides at 103 West "C" S~reet; La Porte , is the record owner of the property on which this building is situated, and that as such record owner, the said Eva Mae Kelly has been duly and legally notified of these proceedings. I Section 5. The City Council hereby orders the said Eva Mae Kelly to entirely remove or tear down such building, and further orders the said Eva Mae Kelly to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete such removal of demolition of such building within a reasonable time. . - Ordinance No. , Page 4. Section 6. The City Council hereby orders the Board of Inspection of the City of La Porte to cause a notice of the dangerous, insanitary condition of the building to be affixed in one or more conspicuous places on the exterior 9f the building, which notice or notices shall not be removed or defaced by any person, under ~enalty of law. Section 7. The City Council Secretary to forward a certified copy record owner of said property, the said hereby orders the City of this Ordinance, to the Eva Mae Kelly , by registered mail, return receipt requested. Section 8. Should the said Eva Mae Kelly not comply with the orders contained in this Ordinance relating to the removal or demolition of such building within ten (10) days after hereof, then the Board of Inspection of the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said Eva Mae Kelly , record owner of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said Board of Inspection shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building, and made lien thereon. Section 9. The City Council officially determines, and recites and declares that a sufficient finds, 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 e e Ordinance No. , Page 5. preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the~subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. section 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 22nd day of 1991 July , CITY OF LA PORTE By Mayor ATTEST: City Secretary APPROVED: City Attorney e e CITY/OF LA PORT~ DANGEROUS BUILDING 'INSPECTION FORM , . DATE OS/28/91 " STIlEET ADDRESS 103 West "e" Front House La Porte, Tx 77571 ADDRESS 103 West "c" Street ONNER Eva May Kelly OCCUPANT .' None AGENT None SURVEY OR SUBDIVISION La Porte' DLqCI< 12 LOT W pt. 29-32 ZONING General Commercial TYPE OCCUPANCY Residential FACILITIES AVAILABLE: WATER x SANITARY SE\'iER .x ELECTRICAL POWER x GAS x NUMBER OF DWELLING UNITS 1 VACAN'r 1 PCCUPIED AS REQUIRED IN CITY OF LA POHTE ORDINANCE 111145, SECT,ION 0-110, 'l'IIB. D01\nD OF INSPECTION M/\DE AN INSPEC'fION 01;' THE AFOREMENTIONED PROp. ERTY, AND DETERHINED THE BUILDING LOCA'l'ED THEREON, IN THEIH, OPIN IOl-J , IS IN FACT A DANGEROUS BUILDING, FOR TIlE FOLLO\-1ING REASONS: (AS OUTLINED IN CITY OF L1\ PORTE ORDINANCE 111145, SECTION 0-117) . DECAUSE OF FAULTt CONSTRUC'rION, AGE, LACK OF PROPEn 'REPAIR OR ANY OTUER CAUSE, "IT IS ESPECIALLY LIABLE TO FIRE .?\ND CONSTITUTES A FIRE JIAZARD; OR BECAUSE OF FAUI.JTY CONSTRUCTION OR ANY OTHER CAUSE, IT IS LIABLE TO CAUSE INJURY OR DN1AGE BY COLLAPSING OR BY COL- LAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF ,SECURED DOO}lS OR \UNDO\'lS, IT IS AVAILABLE TO AND FREQUENTED BY MALEFACTORS OR DISORDERLY PERSONS \'1110 ARE NOT L1\WFUL OCCUPANTS OF SAID STRUCTURE; OR . , BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC HEALTII AND HAY CAUSE OR AID IN TIlE SPREAD OF DISEASE '''OR INJURY TO ,THE IfE1\LTH OF THE OCCUPANTS OF IT OR NEIGlI- , BORING STRUCTUReS. l '(SEE INSPECTION CHECKLIST ON REVERSE SIDE WIlICH IS A PART OF THIS REPOn'l'. ) FINDINGS AND CONCLUSIONS OF TilE B01\RD OF INSP~CTION: , ,.. . 1'1' IS TIlE OP1'1JION OF 1'IIIS INSPEC'l'ION BOARD, AFTER IJS ING CITY 01" , ';J.,J\ PORTE ORDINANCE #1060 (S'I'ANDARD HOUSING CQDE, 1976 EDITION) 1\S 1'1'S . . . GUIDE IN Ml\I<ING THE INSPECTION, THAT TillS BUI~DING IS IN FACT D1\NGEROUS, .. .I>. ALL REPAIRS'OR ALTEI~TIQNS REQUIRED TO BP. DONE , 'nul" STILL' REPAIRABLE. 'SH1\I.JL 'BE' DONE IN ACCORDANCE \'11TH ALL CITY Ol~' LA PORTE CODES AND ORDIN1\NCES 1\PPLIC1\BLE. IF TUE llEPAIRS OR ALTER1\TIONS ORDEP IS NO '1' COMPLIED \HTH WITlIIN 'l'UE TH1E'l'ADLE SE',;' OU'l' IN Crrry' OF L1\ PORTE OIUHN1\NCE 111145, IT IS . 'rllEN THE UN1\NIMOUS OPINION OF THIS INSPECTION B01\RD 1'111\1' TillS nUILDING . 7Jf,mo. : IN C7~ (j?dJi?rl/dI'~ /#'--~~ . / ." r- e e CIIEc.:K LIST I -. - ~ cu .rt cu .'" ftJ A'd l\l 0. 4J REt-tJ\RKS ::J 4J o ,..1 U' n:; .pr-t . cu .It Ll\ ponTE OI10INl\NCE I 1355 ro '0 '(J.p l\l cu cu lfl (STl\NOl\110 HOUSING CODE, h 4J cu h H Z . Z l-i 19U2 EOI'rION) - l. r-tenlls of ~q re s s x 2 . Hoom sizes o~ K. 3 . Privacy or Oath x . of Oedcoollls 1\ . Privac~ x Infest.at.ions - 5. Free ot NO - N/A 6 . Gnrbilqe S tocllqe - 7. Ceilinq tleights O. K. p - o . \Hndo\" Clearances o. .K. -9. \Hndo\" l\rea x " , "f . . io. Hindm" Openable -.- ... l\reas x 1l. \., i nom" Sash x 12. Screens x 13. \"indm" Frallle5 x ili. Foundil tion o. K. 15. piers o. )'1 \ . 16. Floor Framl.ng O. K. 17. Flool:'inq x - 10. Ext.erior \'lalls x - 19. Columns N/1\ 20. Exteriol:' . Steps o. K. 21. Ext.erior Stairs N/A 22. Roofl.nq O. K. 23. Roorl.ng Flashl.nq o. K. 24. 1100f'I1afters o. K. 25. Sheat.hing o. K. 26. Ex terior Ooo["s x 27. Interior 0001:'5 x 28. Pal:'titio~s x 29. Interior .Stairs 1'1/1\ 30. Ceiling Joists O~ .K. 3l. lIard\'lare x 32. Mechanical Ventila- tion x )3. Elect.ric Lig h ts x 34. Electric 5.../i tches - - x 3 S. l~lec tr ic Ou tle ts x )6~ Bloc tr ic Panel x I 37. lIeatinq Equipment .' x 38. Sl.nk x 39. LilvLltory p x 40. \'/n te r Closet x 41. Oath Tub x 42. plullIbinq Ocainaqe x 43. 1I0t "ILl tel:' - . x 1\ 4 . Cold Hit te r x 45. Water. Ilea te I:' _--'O-.=.;c..;o-",- X 1\ G . Grass N/1\ 1\ 7. 'l'rash - N/1\ 1\ G . Appliances N/1\ 1\ 9. l:'u rni t.llre N/1\ 50. Au tomol.nl:c!i 1'1/1\ 51. Secondary - YES S t L"llC tu re com: VIOLt\TICN 1 .' . .... '. , allf-fBJ'!'S / e e CITY OF LA PORTE DANGEROUS DUILDING INSPEC'fION FOIU-l STREET ADDRESS 103 West "c" . . DATE 05-28-91 Rear 103 West "c" Street ADDRESS La Porte, Tx 77571 AGENT None BLOCK 12 LOT \AJ part 29-32 TYPE OCCUPANCY Residential Ot'lNER Eva Mae Kelly OCCUPANT None SURVEY OR SUBDIVISION La Porte ZONING G. C. FACILITIES AVAILABLE: WATER x SANITARY SEl'lER .x ELECTRICAL POWER x GAS x NUMBER OF DWELLING UNITS i VACANT x OCCUPIED AS REQUIRED IN CITY OF LA PORTE ORDINANCE 111145, SECTION 8-118, THE. BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROp. ERTY, AND DETEfu\1INED THE BUILDING LOCATED THEREON, IN THEIR OPINIOl'l_, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLO\HNG REASONS: (AS - OUTLINED IN CITY OF LA PORTE ORDINANCE Ul145, SECTION 8-117). Q o [J G (2) BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER 'REPAIR OR ANY OTHER CAUSE, ~T IS ESPECIALLY LIABLE TO FIRE AND CONSTITUTES A FIRE ~AZARD; OR BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT IS LIABLE TO CAUSE INJURY OR DM1AGE BY COLLAPSING OR BY COL- LAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR (1) (3) BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF .SECURED Doqns OR l~INDOHS, IT IS AVAILABLE TO AND FREQUENTED BY MALEFACTORS OR DISORDERLY PERSONS l'lHO ARE NO'r LAWFUL OCCUPANTS OF SAID STRUCTURE; OR (4)' BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC HEALTH AND HAY CAUSE OR AID IN THE SPREAD OF DISEASE OR INJURY TO THE HEALTH OF THE OCCUPANTS OF IT OR NEIGH- BORING STRUCTURES. I I I (SEE INSPECTION CHECKLIST ON REVERSE SIDE \iHICH IS A PART OF TillS REPORT. ) FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: T~ rs ~HR n~~NTON OF THIS INSPECTION BOARD, AFTER USING CITY OF LA PO RTF. ORDINANCE #1060 (STANDARD HOUSING CODE, 1976 EDITION) AS ITS (;(JIDF. IN MAKING THE INSPECTION, THAT THIS BUILDING IS IN FACT DANGEROU NOT REPAIRABLE. AND SHOULD BE DEMOLISHED. THIS BUILDING DOES NOT PROVIDE THE BASIC'MINIMUM HOUSING STANDARDS DEEMED ESSENTIAL FOR SAFE AND HEAI..THFUL LIVING FOR A RESIDENTIAL OCCUPANCY AND IS A THREAT TO PUBLIC SAFETY, HEALTH, AND TilE GENERAL WELFARE OF TilE CITIZENS OF LA PORTE. ;;!:r?L ~ ~J'4-.tt,/-,--= .~~-- / e It - ~ Q) .~ Q) .-.J '" .a'd '" 0.. Q) REHl\RKS ::1 Q) o~ tJ1 ~ .-.J~ Q) '" L1\ PORTE ORDIN1\NCE I 1355 'd 'd 'd.-.J '" Q) Q) en (ST1\ND1\RD HOUSING CODE, f:: Q) Q) f:: H Z ' ZH 1902 EDITION) 1. Means of Eg re s s X 2. noom Sizes 0; K. 3. PrJ.vacy of Dath X 4 . Privacy of l3edrooms X 5. Free of In fes ta tions NO 6. N-/A ... Garbilqe Storage .,- 7 . Ceiling lIeights o. K. O. \'1 indo'" Clearances - o. K. 9. \'lindow - Area X 10. \'lIndo'" Openable .- Areas X lI. \'lJ. noO\'" Sash X 12. Screens X 13. \'lindo'" Frames X ' , 14. Foundation o' X 15. piers N/A I 16. Floor Framing N/A 17. Flooring X 18. ExterIor \'1 all s X - 19. Columns N/A 20. Exterior Steps N/A 21. Exterior Stairs ~/A 22. RoofJ.ng X 23. RoofIng Flashing X 24. Roof Rafters X 25. Sheathing X 26. Exterior Doors X 27 . InterJ.or Doors X 28. Partitions X 29. Interior Stairs N/A - 30. Ceiling Joists -X 3I. Hard"lare -X. 32. Mechanical VentJ.la- tion X 33. Electric Lights x 34. ElectrJ.c Swi tches v 35. ElectrJ.c Outlets v 36. Electric Panel v 37. ' lIea tJ.ng Equipment y 38. Sink - x 39. J.ava tory X 40. \"later Closet X 41. Dath Tub X 42. Plumbl.n9 - DraJ.nage X 43. Hot \'la te r " X 44. Cold \'la te r X 45. Water lIeater - X 46. Grass N7A 47. 'l'ra sh N/A 46. ApplJ.anc(~s N7A 49. FurnJ.tllre N/A 50. Automobile!> Ii/A 51. Secondary S truc tu rc N/A CHECK LIST CODE VIOIATICN OOIf-Tll-ITS ~ . e ORDINANCE NO. AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOTS 1-3 , BLOCK 114 TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT _____ Dorothy Ann Gaskin IS THE RECORD OWNER OF SAID PROPERTY; ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF .THIS ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO F'qRWARD A COpy OF THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL OF SAID PREMISES BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Sections 8-115 through 8-126 of the Code of Ordinances of the City of La Porte, creating a Board of Inspection to be composed of the Building Inspector or is duly authorized representative, the Fire Chief or his duly authorized representative, and the Fire Marshal or his duly authorized representative; and WHEREAS, Section 8-l18(aa) of said Sections provide that~ Whenever it shall come to the attention of the Board of inspection or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall, within twenty~four (24) hours of the receipt of said complaint, make a thorough inspection of said alleged dangerous building; and WHEREAS, Section 8-1l8(c) provides that: IAfter the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall immediately report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and WHEREAS, it has heretofore come to the attention of the Board of Inspection that the building located on Lot Lots 1-3: Block 114: La Porte: 501 South 6th e e Ordinance No. , Page 2 Harris County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate into a condition of decay or partial ruin or has become a fire hazard, as defined in Section 8-117 of the Code of Ordinances of the City of La Porte; agd WHEREAS, said Board of Inspection has heretofore made and filed its written ,report, dated 05-28-91 , finding said building to be in fact a dangerous building; WHEREAS, city Council received such report, and ordered notice to the record owner of said property, Dorothy Ann Gaskin , whose address is clo James Gaskin, 8314 Oakhaven, La Porte, Tx. , that a hearing as provided in Section 5 of said Ordinance would be held at 604 West Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice of said hearing upon said owner, by reqistered mail, return receipt requested, which return receipt indicates that said owner received said notice on July 8, 1991 , aa date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board of Inspection; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and e e Ordinance No. / Page 3. WHEREAS, City Council entered its order on June 24, 1991 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the findings and orders of the City Council of the City of La Porte/ and its conclusions" based upon the evidence presented at said hearing. Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board of Inspection, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building to be a nuisance, and orders such building condemned. Section 4. The City Council hereby finds, determines and declares that Dorothy Ann Gaskin , who resides at 8314 Oakhaven, La Porte , is the record owner of the property on which this building is situated, and that as such record owner, the said Dorothy Ann Gaskin has been duly and legally notified of these groceedings. Section 5. The City Council hereby orders the said Dorothy Ann Gaskin to entirely remove or tear down such building, and further orders the said Dorothy Ann Gaskin to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete such removal of demolition of such building within a reasonable time. e e Ordinance No. , Page 4. Sect! on 6__!.. The Ci ty Counc i 1 hereby orders the Board of Inspection of the City of La Porte to cause a notice of the dangerous, insanitary condition of the building to be affixed in one or more conspicuous places on the exterior of the building, which notice or notices shall not be removed or defaced by any hereby orders the City of this Ordinance, to the receipt requested. Section 8. Should the said Dorothy Ann Gaskin not comply with the orders contained in this Ordinance relating to the removal or demolition of such building within ten (10) days after hereof, then the Board of Inspection of the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said Dorothy Ann Gaskin , record owner of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said Board of Inspection shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building, and made lien thereon. Section 9. The City Council officially finds, determines, and 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 e e Ordinance No. ., Page 5. preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 10. This Ordinance shall take effect and be in force from and aftei its passage and approval. PASSED AND APPROVED this the 22nd day of 1991' . July , CITY OF LA PORTE By Mayor ATTEST: City Secretary APPROVED: City Attorney e e CITY OP LA PORTE DANGEROUS BUILDING 'INSPECTION FORM . . DATE 05-28-91 " STREET 1\DDRESS 501 South 6th OCCUPANT None AGENT flJI4 Ot'..l-h~vl"J L./~ :J. -5""O.l-Sou th- -G-t h-S-t-J;.Qe-t -N5-fte J a..,.. I'S {r p. j k-/"y. * " O\mER Dorothy Ann Gaskin ADDRESS SURVEY OR SUBDIVISION Town of La' Porte BLOCK 114 LOT 1-3 R-i TYPE OCCUPANCY Residential ZONING FACILITIES AVAILABLE: WATER x S~.NITARY SE\-lER ~ ELECTRICAL POWER x GAS x NUMBER OF DWELLING UNITS 1 VACANT x PCCUPIED AS REQUIRED IN CITY OF LA PORTE ORDINANCE Ul145, SECTION 0-110, TIIJ::. BOARD OF INSPECTION MI\DE AN INSPEC'rION OF TilE AFOREMENTIONED PROP, ERTY, AND DETERJ.'4INED THE BUILDING LOCATED THEREON, IN TIIEIR OPINIOi-l, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLO\-lING REASONS: (AS OUTLINED IN CITY OF LA PORTE ORDINANCE Ul145, SECTION 0-l17). BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER 'REPAIR OR ANY OTHER CAUSE, iT IS ESPECIALLY LIABLE TO FIRE -?\ND CONSTITUTES A FIRE JlAZARD; OR DECAUSE OF FAULTY CONSTRUCTION OR ANY OTIIER CAUSE, IT IS LIABLE TO CAUSE INJURY OR D~1AGE BY COLLAPSING OR BY COL- LAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF ,SECURED DOO}tS OR l'lINDO\'lS, IT IS AVAILABLE TO AND FREQUENTED BY MALEFACTORS OR DISORDERLY PERSONS \'1110 ARE NOT LAWFUL OCCUPANTS OF SAID STRUCTURE; OR BECAUSE OF ITS CONDITION, IT IS DANCEROUS TO PUBLIC HEALTH AND 1-11\"1 CAUSE OR AID IN THE SPREAD OF DISEASE '''OR INJURY TO THE HEALTH OF. THE OCCUPANTS OF IT OR NEIGH- BORING STRUCTURES. I I I \ . (SEE INSPECTION CIIECI<LIST ON REVERSE SIDE WIIICn IS A PART OF THIS REPORT. ) FINDINGS AND CONCLUSIONS OF TilE BOARD OF INSPECTION: . ~:.. PI' T~ <J'HF ()PTNT()N ()F '1'llT~ Tl'lSrECTION YOARD, AFTER USING CI'ry OF 'LA PORTE ORDINANCE #l060. (STANDARD HOUSING CODE. 1976 EDITION) AS ITS GUIDE IN MAKING. THE INSPECTION, THAT 'rIfIS BUILDING IS IN FACT DANGEROUS, , 'NOT' REPAIRABLE, AND SHOULD BE DEMOLISHED. THIS BUILDING DOES NOT PROVIDE 'THE BASIC MINIMUM HOUSING STANDARDS DEEMED ESSENTIAL FOR SAFE AND HEALTHFUL LIVING FOR A RESIDENTIAL OCCUPANCY AND IS A THREAT TO PUBLIC SAFETY, HEALTH, AND THE GENERAL WELFARE OF THE CITIZENS OF LA PORTE. . :;Jllt L ~f!?ig~ -=- -/~L6_' / ;( tJf~/'l-l~j ,."fe'rlh"l/,'#"? r~ u,'//tvl If/-1/11 . #/ ~ e e . . H OJ .rot OJ ...., l\J .Q'O l\J 0. OJ REHJ\RKS ~ OJ o~ tJ' ~ ....,~ . OJ I\J , I 1355 '0 '0 '(j -lJ L1\ PORTE ORDIN1\NCE I\J OJ OJ II) (ST1\NDARD JlOUSING CODE, i:: OJ QJ i:: H Z .ZH 1962 EDITION) 1. t-tCitIlS of Eq res S v 2 . Room sizcs ()' J{ ) . Pr.lv<lcy of Bath v 4 . privLlcv of 13edrooms v 5. Free of Infestat.lons N() ... 6. Garbaqe 5 tarage N/A Cciling lIeights . "- 7 . () K o . \-lindo\o,' Clearances v . -9. \-li ndO\... Area y :.',; rOo Openab1e - .- \Hndo'... 1\reas y 11. \-li nao'... Sash -X- 12. Screens y , IJ. \o/indo\... Frames x lit. Foundation .. , . -1L II 15. piers x 16. Floor l-"'ranung x 17. Flooring x - IG. Exter.lor \0/ a 11 s x 19. Columns x 20. Exterior Steps x 21. Exterior Stairs N/A 22. Roof~nq x 23. Rootl.ng Flashing x 24. Roof Rafters x 25. Sheathing x 26. Exterior Doors x 27. Inter.lor Doors x 28. partitions x lnterior ,S tairs . 29. N/A 30. Ceiling Joists x 31. Hard\-lare x 32. Mechanical Vent.lla- tion x 33. Electric Lights x 34. Electr.lc Swi tches x 35. Electric Outlets x 36. EJ.,cc tr ic Panel x . , 37. Heating Equipment " x 38. Sink x 39. Lavatory x 40. \'Iit te r Closet x 41. 13a th Tub x 42. P lumb.lnq Dra.lnaqe x 43. Hot 1'1<< te r . x 44. Cold \-latcr X 45. Wa tc r - lIca tc r x 46. Grass YES 47. 'l'rLl sh YES 4 G . Arpl.lallc(~s N/A 49. .....urniture tJ/A 50. Automobile!> N/A 51. Seconc..l.Jry Structure YES'. CHECK LIST CODE VIOIATICN " al1'fEl\1TS ..... , , , , ~ \ e e ORDINANCE NO. AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOTS 6-7 , BLOCK 986 TOWN OF LA PORTE, HARRIS CO~NTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT ---- Mrs. Annie G. Browning IS THE RECORD OWNER OF SAID PROPERTY; ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COpy OF THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL OF SAID PREMISES BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Sections 8-115 through 8-126 of the Code, of Ordinances of the City of La Porte, creating a Board of Inspection to be composed of the Building Inspector or is duly authorized representative, the Fire Chief or his duly authorized representative, and the Fire Marshal or his duly authorized representative; and WHEREAS, Section 8-118(aa) of said Sections provide that: Whenever it shall come to the attention of the Board of inspection or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall, within twenty-four (24) hours of the receipt of said complaint, make a thorough inspection of said alleged dangerous building; and WHEREAS, Section 8-118(c) provides that: ,After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall immediately report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and WHEREAS, it has heretofore come to the attention of the Board of Inspection that the building located on Lot s 6-7 B1k 986: La Porte: 112 North Holmes e e Ordinance No. , Page 2 Harris County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate into a condition of decay or partial ruin or has become a fire hazard, as defined in Section 8-117 of the Code of Ordinances of the City of La Porte; and WHEREAS, said Board of Inspection has heretofore made and filed its written report, dated 05-28-91 , finding said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner of said property, Mrs. Annie G. Browning, whose address is 222 South 5th La Porte, Tx 77571-5050 , that a hearing as provided in Section 5 of said Ordinance would be held at 604 West Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice, of said hearing upon said owner, by registered mail, return receipt requested, which return receipt indicates that said owner received said notice on unclaimed , aa date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met, in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board of Inspection; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and e e Ordinance No. , Page 3. WHEREAS, city Council entered its order on June 24, 1991 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF,LA PORTE: Section 1. This Ordinance contains the findings and orders of the City Council of the City of La Porte, and its conclusions" based upon the evidence presented at said hearing. Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board of Inspection, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building to be a nuisance, and orders such building condemned. Section 4. The City Council hereby finds, determines and declares that Mrs. Annie G. Browning , who resides at 222 South 5th; La Porte, Tx 77571 , , is the record owner of the property on which this building is situatedi and that as such record owner, the said Mrs. Annie G. Browninq has been duly and legally notified of these proceedings. Section 5. The City Council hereby orders the said Mrs. Annie G. Browning to entirely remove or tear down such building, and further orders the said Mrs. Annie G. Browninq to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete such removal of demolition of such building within a reasonable time. e e Ordinance No. , Page 4. Section 6. The City Council hereby orders the Board of Inspection of the City of La Porte to cause a notice of the dangerous, insanitary condition of the building to be affixed in one or more conspicuous places on the exterior ?f the building, which notice or notices shall not be removed or defaced by any person, under penalty of law. Section 7. The City Council Secretary to forward a certified copy record owner of said property, the said Mrs. Annie G. Browning , by registered mail, return hereby orders the City of this Ordinance, to the receipt requested. Section 8. Should the said Mrs. Annie G. Browning not comply with the orders contained in this Ordinance relating to the removal or demolition of such building within ten (10) days after hereof, then the Board of Inspection of the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said Mrs. Annie G. Browning , record owner of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said Board of Inspection shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building, and made lien thereon. Section 9. The City Council officially determines, and recites and declares that a sufficient finds, 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 e e Ordinance No. " Page 5. preceding this meeting, as required by the Open Meetinqs 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 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 22nd day of July , 1991 CITY OF LA PORTE By Mayor ATTEST: City Secretary APPROVED: I City Attorney e e CITY OF LA PORTE DANGEROUS BUILDING . INSPECTION FORM . . D1\TE 05-28-91 STREET 1\DDRESS 112 North' Holmes , JJ /f'f.. An"" e. (;;. /!n~ ~t.,,, 1(. ~ "" O\mER'B'i~i.~l-rDeai1'&-Pat:srGene We5'i: .ADDRESS OCCUPANT a-t:-;-2-B0-x-2i-r ;l ^ ^ ~~I.--I' I (T!1 Da If Loft, !.r-lE-7.!J-53 5 L~ I:J' 7t~ .n 7/" None AGENT None l-1 LOT _8--11)" 'SURVEY OR . 'SUBDIVISION La Porte ZONING BLOCK 986 R-2 TYPE OCCUPANCY Residential -.-- x SANITARY SEt-lER x FACILITIES AVAILADLE: WATER ELECTRICAL POWER GAS x x I VAC1\NT PCCUPIED x NUMBER OF DWELLING UNITS AS REQUIRED IN CITY OF LA PORTE ORDINANCE IIl145, SECTION 0-110, TilE. BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROP' ERTY, AND DETERJ.'4INED THE BUILDING LOCATED THEREON, IN THEIR OPINIOi'l, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLO\-lING REASONS: (AS OUTLINED IN CITY OF LA PORTE ORDINANCE 11145, SECTION 0-117). .G Q G G (1) BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER -REPAIR OR ANY OTHER CAUSE, iT IS ESPECIALLY LIABLE TO .. FIRE .?\ND CONSTITUTES A FIRE J-lAZARD; OR (2) BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT IS LIABLE TO CAUSE INJURY OR DN4AGE BY COLLAPSING OR BY COL- LAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR (3) BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF ,SECURED DOORS OR l'lINDONS, IT IS AVAILABLE TO AND FREQUENTED BY MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LAWFUL OCCUPANTS OF ~AID STRUCTURE; OR , , (4) '. BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC HEALTH AND J.11\Y CAUSE OR AID IN THE SPREAD OF DISEASE ..'.OR INJURY TO THE HEALTH OF. THE OCCUPANTS OF IT OR NEIGH- BORING STRUCTURES. I I I , . (SEE INSPECTION CIIECKLIST ON REVERSE SIDE WHICH IS A PART OF THIS REPORT. ) FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: IT IS THE O~~NION OF TillS INSPECTION BOARD, AFTER USING CITY OF . LA PORTE ORDINANCE 111060 (STANDARD HOUSING CODE, 1976 EDITION) AS ITS GUIDE IN MAKING THE INSPECTION, THAT THIS BUILDING IS IN FACT DANGEROU: I . ,NOT REPAIRABLE, AND SHOULD BE DEMOLISHED. THIS BUILDING DOES NOT PROVIDE THE BASIC.MINIMUM IIOUSING STANDARDS DEEMED ESSENTIAL FOR SAFE AND HEALTHFUL LIVING FOR A RESIDENTIAL OCCUPANCY AND IS A TIIREA'll TO PUBLIC SAFETY, HEALTH, AND THE GENERAL WELPAREOF THE CITIZENS OF LA PORTE.' _ ,I~~S. ~J____J ,~-- ~/d:P~ .f IV'J Ii ~ (7IV" J'" ,-" f... I 6/1. {/ c,. J II ~~-r4~ / v , ' e e ~ QJ ,rt QJ " -IJ nj .0'0 nj 0.. QJ REHl\RKS ~ QJ 0.4 0- n: -IJ.4 . QJ nj L1\ PORTE ORDIN1\NCE I 13:5 '0 '0 'tS-IJ nj ,QJ QJ III (STAND1\RD HOUSING CODE, s::: QJ QJ s::: H Z ' ZH 19f12 EDITION) 1- Means of Eq re s s x 2. Room Slzes x 3 . Privacy of Bath x 4 . Privacy of l3edrooms x 5. Free ot: lnfes ta tlons NO N/A . -.. 6. Garbilqe Storage lIeiqhts ..- 7. Ceilinq x o . \'1 i nclo\... Clearances N/A 9. \'lindow Area x '..; . , .- 10. Windm... Openable 1\reas x 11- \'Ii ndm... Sash x 12. Screens x 13. \<Ii ndo\... Frames ' , x Foundation .. lit. x 15. Plers x " 16. Floor Frami.ng x 17. Floorlnq x 18. Exterlor \'1 all s x - 19. Columns N/A 20. Exterlor Steps x 21. Exterior Stairs N/A' 22. Roofinq x 23. Rootl.ng Flashing x 24. Roof Rafters x 25. Sheathing x 26. Exterl.or Doors x 27. Interlor Doors x 28. Partitions x 29. Interior ,Stairs N/A Ceiling Joists ,N/A - 30. 31. Hard\-lare x 32. Mechanical Vent1.1a- tion x )3. Electric Lights x 34. Electric Switches x 35. Electric Ou tIe ts x 36. Electric Panel x 37. H~ating EquilJment x .' 38. Sink x 39. J.ava tory x 40. \'la te r Closet x 41. Oa th 'fu b x 42. P lumblng Dralni\qe x 43. Hot \'la te r " x 4 tl . Cold \'1a ter x 45. Wa ter Heater - x 46. Grass N A 47. 'l'rash NI A "G. Appliances NI A 49. Furniture N A 50. Automobiles N A 51. Secontl.1ry Structur.e N A ClIEC:K LIST CODE VIOIATICN calf> 'flITS " " . I, e e ORDINANCE NO. AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOTS 19-20 , BLOCK 73 BAYFRONT ADDITION, HARRIS CO~NTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT DeRoy and Annett Dahse IS THE RECORD OWNER OF SAID PROPERTY; ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (IO) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COpy OF THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL OF SAID PREMISES BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La porte, passed and approved Sections 8-l15 through 8-126 of the Code, of Ordinances of the City of La Porte, creating a Board of Inspection to be composed of the Building Inspector or is duly authorized representative, the Fire Chief or his duly authorized representative, and the Fire Marshal or his duly authorized representative; and WHEREAS, Section 8-118(aa) of said Sections provide that: Whenever it shall come to the attention of the Board of inspection or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall, within twenty-four (24) hours of the receipt of said complaint, make a thorough inspection of said alleged dangerous building; and WHEREAS, Section 8-118(c) provides that: IAfter the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall immediately report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and WHEREAS, it has heretofore come to the attention of the Board of Inspection that the building located on Lots 19-20 Rlk 71~ Ton POrrp.i 237i'S_ Holmp.!,: e e Ordinance No. , Page 2 Harris County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate into a condition of decay or partial ruin or has become a fire hazard, as defined in Section 8-117 of the Code of Ordinances of the City of La Porte; and WHEREAS, said Board of Inspection has heretofore made and filed its written report, dated 05-28-91 , finding said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner of said property, DeRoy and Annette Dahse, whose address is P. O. Box 137~ La'Porte, Tx 77571-0137 , that a hearing as provided in Section 5 of said Ordinance would be held at 604 West Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice, of said hearing upon said owner, by reqistered mail, return receipt requested, which return receipt indicates that said owner received said notice on unclaimed , aa date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board of Inspection; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and e e Ordinance No. , Page 3. WHEREAS, City Council entered its order on June 24, 1991 ~ day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF#LA PORTE: Section 1. This Ordinance contains the findings and orders of the City Council of the City of La Porte, and its conclusions" based upon the evidence presented at said hearing. Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board of Inspection, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building to be a nuisance, and orders such building condemned. Section 4. The City Council hereby finds, determines and declares that DeRoy and Annett Dah~e , who resides at P. O. Box 137; La Porte, Tx 77571-0137 , is the record owner of the property on which this building is situated, and that as such record owner, the said DeRoy and Annett Dahse has been duly and legally notified of these proceedings. Section 5. The City Council hereby orders the said DeRoy and Annett Dahse to entirely remove or tear down such building, and further orders the said DeRoy & Annett Dahse to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete such removal of demolition of such building within a reasonable time. e e Ordinance No. , Page 4. Section 6. The City Council hereby orders the Board of Inspection of the City of La Porte to cause a notice of the dangerous, insanitary condition of the building to be affixed in one or more conspicuous places on the exterior 9f the building, which notice or notices shall not be removed or defaced by any person, under penalty of law. Section 7. The City Council Secretary to forward a certified copy record owner of said property, the said DeRoy and Annett Dah?e , by registered mail, return receipt requested. Section 8. Should the said DeRoy and Annett not comply with the orders contained in this Ordinance relating to the removal or demolition of such building within ten (10) days after hereof, then the Board of Inspection of the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said DeRoy & Annett Dahse , record owner of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said Board of Inspection shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building, and made lien thereon. Section 9. The City Council officially finds, determines, and 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 hereby orders the City of this Ordinance, to the e e Ord i nance No. ___-.., Page 5. preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the,subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 22nd day of July , 1991 CITY OF LA PORTE By Mayor ATTEST: City Secretary APPROVED: City Attorney e e CITY OP LA PORTE DANGEROUS BUILDING 'INSPECTION Forn.t . . DATE 05-28-91 " STREET 1\DDRESS 237 South Holmes P. O. Box 137; ADDRESS La Porte. Tx 77571-0137 O\mER DeRoy & Annett Dahs'e OCCUPANT None AGENT SURVEY OR SUBDIVISION Bavfront BLOCK 73 LOT 19-20 R TYPE OCCUPANCY Residentia 1 ZONING FACILITIES AVAILABLE: WATER x SANI'fARY SE\-lER x ELECTRICAL POWER x GAS x NUMBER OF DWELLING UNITS I VACANT x PCCUPIED AS REQUIRED IN CITY OF LA PORTE ORDINANCE IIl145, SECTION 0-110, 'rilE. BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROP, ERTY, AND DETERJ.'4INED THE BUILDING LOCATED THEREON, IN THEIIl. OPINIOl-l, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: (AS OUTLINED IN CITY OF LA PORTE ORDINANCE 111145, SECTION 8-117). BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER 'REPAIR OR ANY OTHER CAUSE, iT IS ESPECIALLY LIABLE TO " FIRE ~ND CONSTITUTES A FIRE J1AZARD; OR BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT IS LIABLE TO CAUSE INJURY OR DM1AGE BY COLLAPSING OR BY COL- LAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF ,SECURED DOORS OR NINDO\'lS, IT IS AVAILABLE TO AND FREQUENTED BY " . MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LAWFUL OCCUPANTS OF SAID STRUCTURE; OR , FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: IT IS THE OP.'l"NION OF 'l'IIIS INSPECTION BOARD, AFTER USING CI'rV OF' , LA PORTE 'ORDINANCE #1060 (STANDARD HOUSING CODE, 1976 EDITION) AS ITS GUIDE IN MAKING THE INSPECTION, THAT THIS BUILDING IS IN FACT DANGEROUS NOT REPAIRABLE, AND SHOULD BE DEMOLISHED. THIS BUILDING DOES NOT PROVIDE THE BASIC 'MINIMUM HOUSING STANDARDS DEEMED ESSENTIAL FOR SAFE AND HEALTHFUL LIVING FOR A RESIDENTIAL OCCUPANCY AND IS A THREAT TO PUBLIC SAFETY, HEALTH, AND THE GENERAL WELFARE OF THE CITIZENS OF LA PORTE.' ;#:z' ?P I . _~{~. . '#:tP!~~-=//Z~' , .~ r' e e ~ Q) .... Q) ,,' .&J ItS .o'tJ ItS 0. Q) REHJ\RKS ~ Q) Ori tJ1 n: .&Jri - Q) ItS , . 1355 '0 'tJ 'tJ.&J L1\ PORTE ORDINANCE nJ ,Q) Q) 11) (ST1\ND1\RD HOUSING CODE, J:: Q) Q) ~ H Z ' ZH 1902 EDITION) 1. HellllS of Eq ress v 2 . Hoom Slzes () '1{ 3 . PrlVaCY of Bath v ;\ . Privacy of 13edrooms v 5. Free of Infes ta tions NO 6 . Garbilqe Storage N/A -- 7. Ceilinq lIelghts ..- y o . \'-li ndO\... Clearances x . 9. \'/indow - .:'".; - 1\ rea x 10. W indO\... Openable ,-. Areas x 11. \'lindow Sash x 12. Screens x 13. Nindo\... Frames ' , x 14. Foundation .. x"- 15. Plers x l' 16. Floor Frami.ng x 17. F100rlng x 18. Exterior \'lalls x - 19. Columns N/A 20. Exterior Steps x 21. Exterior Stairs N/A 22. Rooflnq x 23. Rootlng Flashinq x 24. Roof Rafters x , 25. Sheathing x 26. Exterlor Doors x 27. Interlor Doors x 28. Partitions x 29. Interior ,Stairs N/A - 30. Ceiling Joists x 3l. Hard\-1are x 32. Mechanical Ventl1a- tion x 33. Electric Lig h ts x 34. Electric Switches x 35. ElectrJ.c Outlets x 36. Elec tr ic Panel x 37. Heating Equipment " x 38. Slnk x 39. Lavatory x 40. \'/ll te r Closet x 41. Bath Tub x 42. PlumbJ.ng DraJ.n.:lqe x 43. Hot \'Iater " x 4 J] . Cold \'la ter x 45. Wa te r Ilea te r - x 46. Grass YES 47. '}' r ash YES 48. ApplJ.allces NjA 49. Fu rni tllre N/A 50. Automobiles N, A 51. Seconc.J.Jry S truc tur.e N A,' CHECK LIST CODE VIOtATICN '.t' " , CXl1-t.El'1'fS c, e e ORDINANCE NO. AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOTS 12-13 , BLOCK 74 BAYFRONT ADDITION, HARRISCOUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT Anna Marie Lee IS THE RECORD OWNER OF SAID PROPERTY; ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FgRWARD A COpy OF THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL OF SAID PREMISES BY THE CITY OF LAPORTE IF NOT REMOVED BY SAID OWNER IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Sections 8-115 through 8-126 of the Code of Ordinances of the City of La porte, creating a Board of Inspection to be composed of the Building Inspector or is duly authorized representative, the Fire Chief or his duly authorized representative, and the Fire Marshal or his duly authorized representative; and WHEREAS, Section 8-118(aa) of said Sections provide that: Whenever it shall come to the attention of the Board of inspection or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall, within twenty-four (24) hours of the receipt of said complaint, make a thorough inspection of said alleged dangerous building; and WHEREAS, Section 8-118(c) provides that: IAfter the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall immediately report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and WHEREAS, it has heretofore come to the attention of the Board of Inspection that the building located on Lots 12-13: Block 74; La Porte; 217 S. Carroll e e Ordinance No. , Page 2 Harris ,county, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate into a condition of decay or partial ruin or has become a fire hazard, as defined in Section 8-117 of the Code of Ordinances of the city of La Porte; a~d WHEREAS, said Board of Inspection has heretofore made and filed its written report, dated 05-28-91 , finding said building to be in fact a dangerous building; WHEREAS, city Council received such report, and ordered notice to the record owner of said property, .~--- Anna Marie Lee , whose address is 10303 Catlett S[O Allen Lee , that a hearing as provided in Section 5 of said Ordinance would be held at 604 West Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice of said hearing upon said owner, by registered mail, return receipt requested, which return receipt indicates that said owner received said notice on July 9, 1991 , aa date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board of Inspection; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and e e Ordinance No. , Page 3. WHEREAS, City Council entered its order on June 24, 1991 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the findings and orders of the Ci ty Counc i 1 of the' Ci ty of La, Porte, and its conclusions" based upon the evidence presented at said hearing. Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board of Inspection, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building to be a nuisance, and orders such building condemned. Section 4. The City Council hereby finds, determines and declares that Anna Marie Lee , who resides at 10303 Catlett , is the record owner of the property on which this building is situated, and that as such record owner, the said Anna Marie Lee has been duly and legally notified of these proceedings. Section 5. The City Council hereby orders the said Anna Marie Lee to entirely remove or tear down such building, and further orders the said Anna Marie Lee to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete such removal of demolition of such building within a reasonable time. e Ordinance No. , Page 4. e SectioD..!... The City Council hereby orders the Board of Inspection of the City of La Porte to cause a notice of the dangerous, insanitary condition of the building to be affixed in one or more conspicuous places on the exterior of the building, which notice or notices shall not be removed or defaced by any person, under penalty of law. Section 7. The City Council Secretary to forward a certified copy record owner of said property, the said Anna Marie Lee , by registered mail, return receipt requested. Section 8. Should the said hereby orders the City of this Ordinance, to the Anna Marie Lee -- -- Ordinance No. ____-" Page 5. preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 10. This Ordinance shall take effect and be in force from and aftei its passage and approval. PASSED AND APPROVED this the 22nd day of 1991 July , CITY OF LA PORTE By Mayor ATTEST: City Secretary APPROVED: I City Attorney e e CITY OF LA PORTE DANGEROUS BUILDING , INSPECTION FORM . . DATE 05-28-91 , p. r1 STREET 1\DDRESS ~ S. Carroll O\mER Anna Marie Lee OCCUPANT None 'tl '~() '} C-:...1 {-(,-t ADDRESS -211 5. Ca~l-1 L.f ~ AGENT Nefte A /I f VI Lit. <- &( 7/- J I s(q SURVEY OR SUBDIVISION Bayfront' BLOCK 74 LOT 12-13 ZONING R TYPE OCCUPANCY Residential FACILITIES AVAILABLE: WATER x SANITARY SE1^lER x --.. ELECTRICAL POWER x GAS x NUMBER OF DWELLING UNITS i VACANT x PCCUPIED AS REQUIRED IN CITY OF LA PORTE ORDINANCE 1t1145, SECTION 8-118, THE. BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROP, ERTY, AND DETEfu'4INED THE BUILDING LOCATED THEREON, IN THEIR. OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: (AS OUTLINED IN CITY OF LA PORTE ORDINANCE 1t1145, SECTION 8-117). EJ LJ EJ (2) BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER -REPAIR OR ANY OTHER CAUSE, iT IS ESPECIALLY LIABLE TO FIRE ~ND CONSTITUTES A FIRE ~AZARD; OR BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT IS LIABLE TO CAUSE INJURY OR DM4AGE BY COLLAPSING OR BY COL- LAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR (1) (3) BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF.SECURED DOO.RS OR t'lINDOl'lS, IT IS AVAILABLE TO AND FREQUENTED BY MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LAWFUL OCCUPANTS OF SAID STRUCTURE; OR EJ (4) , . BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC HEALTH AND 1-ffiY CAUSE OR AID IN THE SPREAD OF DISEASE "OR INJURY TO THE HEALTH OF THE OCCUPANTS OF IT OR NEIGH- BORING STRUCTURES. 'I FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: IT IS THE OPiNION or THIS INSPECTION BOARD, AFTER USING CITY OF 'LA PORTE ORDINANCE #1060 (STANDARD HOUSING CODE~ 1976 EDITION) AS ITS GUIDE IN MAKING THE INSPECTION, THAT THIS BUILDING IS IN FACT DANGEROUS, , NOT REPAIRABLE, AND SHOULD BE DEMOLISHED. THIS BUILDING DOES NOT PROVIDE THE BASIC MINIMUM HOUSING STANDARDS DEEMED ESSENTIAL FOR SAFE AND HEALTHFUL LIVING FOR A RESIDENTIAL OCCUPANCY AND IS A THREAT TO PUBLIC SAFETY, HEALTH, AND THE GENERAL WELFARE OF THE CITIZENS OF LA PORTE. ' #~J ~' :. .-'/.-----. ~r/?'-/~ .-r:--//f?.-<-< 'If' ';I'I~J,.) ,_/.,,~~-I,;~ ro'c-,; lIa) . 7 . 6 /J-. 7l1/, ;Jr- e e H Q) .~ Q)' .... ro .0"0 ro 0. Q) REHl\RKS ::J Q) O~ 0' ~ ....~ . Q) ro LA PORTE ORDINANCE D 1355 '0 "0 "0.... ro Q) Q) lI) ( STl\NDl\RD HOUSING CODE, ~ Q) Q) C H Z ' ZH 19f12 EDITION) 1 . Means of Eq re s s y 2 . Room Sizes *, 3 . Privacy of Bath * 4 . Privacy of E3edrooms * 5. Free of Infes ta tions NO 6. N/A - ... Garbilqe Storage 7. Ceiling Heights * .-- o . \H ndO\oJ Clearances - x . 9. \-Jindow Area -- x ,"! 10. Windo\oJ OpenablG -- Areas x 1l. \Hndow Sash - x 12. Screens x 13. \Hndo\oJ Frames x 14. Foundation -. x 15. piers x t 16. Floor FramJ.ng x 17. Flooring x 18. Exterior \'lal1s x - 19. Columns x 20. Exterior Steps N/A 21. Exterior Stairs x 22. RoofJ.ng x 23. RoofJ.ng Flashing x 24. Roof Rafters x , 25. Sheathing x 26. ExterJ.or Doors x 27 . InterJ.or 000 rs * 28. partitions '" 29. Interior ,Stairs '" - 30. Ceiling Joists x 3l. HardHare * 32. Mechanical VentJ.1a- tion * 33. Electric Lights * 34. ElectrJ.c Switches * 35. Electric Outlets * 36. Electric Panel x 37. Heating Equipment * " 38. Sink * 39. Lavatory * 40. \'la te r Closet * 41. Bath Tub * 42. PlumbJ.ng Dralnaqe x 43. 1I0t \'la ter . x 44. Cold \oJa tcr x 45. Wa te r Heater - x 46. Grass YE::; 47. 'l'rash YES 4 G . Appllances N fA 49. Furniture 1\ 'A- 50. Automobilcs N 'A 51. Sccond.J.ry Structur.c Y E;S CHECK LIST mDE VIOIATION CC!1-1E1'ITS *Due to structural' condi tion of building, 'entry was unsafe. . Exte~ior'inspection only: I J e . ORDINANCE NO. AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOTS 6. 7: & Po 1~ ft. of lot 8 , BLOCK 4 i Becks Addition to Orlkhllr!=lt Sllh. BECKS ADDITION", HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT HARRY COLE I S THE RECORD OWNER OF SAI D PROPERTY; ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (IO) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE BOARD OF INSP~CTION TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COpy OF THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL OF SAID PREMISES BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Sections 8-115 through 8-126 of the Code of Ordinances of the City, of La Porte, creating a Board of Inspection to be composed of the Building Inspector or is duly authorized representative, the Fire Chief or his duly authorized representative, and the Fire Marshal or his duly authorized representative; and WHEREAS, Section 8-118(aa) of said Sections provide that: ' Whenever it shall come to the attention of the Board of inspection or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall, within twenty-four (24) hours of the receipt of said complaint, make a thorough inspection of said alleged dangerous building; and WHEREAS, Section 8-118(c) provides that: After the inspection provided for in this Section has I been made, with or without the aid of experts, the Board shall immediately report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and WHEREAS, it has heretofore come to the attention of the Board of Inspection that the building located on Lo~ 6. 7 & E 3~ ft. of lot 8: B1k 4: Beck IS Addition to Oakhurst Sllh : La Porh~ 1 Tx; 225 Bay Street e e Ordinance No. , Page 2 Harris County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate into a condition of decay or partial ruin or has become a fire hazard, as defined in Section 8-117 of the Code of Ordinances of the City of La Porte; and WHEREAS, said Board of Inspection has heretofore made and filed its written report, dated 05-28-91 , finding said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner of said property, Harry Cole , whose address is 621 Ashurst Farminqton, NM 87401-5708 , that a hearing as provided in Section 5 of said Ordinance would be held at 604 West Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice of said hearing upon said owner, by registered mail, return receipt requested, which return receipt indicates that said owner received said notice on Ju1v 12, 1991 , aa date more than ten (10) days before the date set for said hearing; WHER~AS, at said date, time, and place, City Council met, in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board of Inspection; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and e e Ordinance ,No. , Page 3. WHEREAS, City Council entered its order on June 24, 1991 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the findings and orders of the City Council of the City of La Porte, and its conclusions" based upon the evidence presented at said hearing. Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board of Inspection, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building to be a nuisance, and orders such building condemned. Section 4. The City Council hereby finds, determines and declares that Harry Cole , who resides at 621 Ashurst; Farminqton, NM 87401-5708 , is the record owner of the property on which this building is situated, and that as such record owner, the .said Harry Cole has been duly and legally notified of these proceedings. Section 5. The City Council hereby orders the said Harry Cole to entirely remove or tear down such building, and further orders the said Harry Cole to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete such removal of demolition of such building within a reasonable time. Ordinance No. e , Page 4. e hereby orders the City of this Ordinance, to the Ordinance No. ATTEST: e , Page 5. City Secretary APPROVED: City Attorney e CITY OF LA PORTE By July , Mayor e e CITY OP LA PORTE DANGEROUS BUILDING 'INSPECTION FORM . . DATE 05-28-91 STREET ADDRESS 225 Bay Street O\mER Harry Cole 621 Ashurst ADDRESS Farmi.ngton N.M., 8740] -5700. OCCUPANT None AGENT None SURVEY OR Beck's Addition to SUBDIVISION Oakhurst Sub. BLOCK 4 6, 7 & E 3~ft LOT lot 8 R-l TYPE OCCUPANCY Sinq1e Familv Res. ZONING FACILITIES AVAILABLE: WATER x SANITARY SENER._..:.1L-_ ELECTRICAL POWER x GAS x NUMBER OF DWELLING UNITS 1 VACANT x PCCUPIED AS REQUIRED IN CITY OF LA PORTE ORDINANCE Ul145, SECTION 0-118, THE. BOARD OF INSPECTION MADE AN INSPECTION OF TUB AFOREMENTIONED PROP, ERTY, AND DETERJ.'4INED THE BUILDING LOCATED THEREON, IN THEIR OPINIOi'l, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: (AS OUTLINED IN CITY OF LA PORTE ORDINANCE U1145, SECTION 8-117). BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER 'REPAIR OR ANY OTHER CAUSE, iT IS ESPECIALLY LIABLE TO FIRE ~ND CONSTITUTES A FIRE UAZARD; OR BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT IS LIABLE TO CAUSE INJURY OR DN.mGE BY COLLAPSING OR BY COL- LAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF ,SECURED DO~RS OR l'lINDOHS, IT IS AVAILABLE TO AND FREQUENTED BY MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LAWFUL OCCUPANTS OF SAID STRUCTURE; OR , , 'BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC 'HEALTH AND 1-11\Y CAUSE OR AID IN THE SPREAD OF DISEASE '...OR INJURY TO THE HEALTH OF, THE OCCUPANTS OF IT OR NEIGIl- . "BORING STRUCTURES. I I I "(SEE INSPECTION CHECKLIST ON REVERSE SIDE WIIICH IS A PART OF TIllS REPORT. ) FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: IT IS TIlE OP.:~NION OF TillS INSPECTION BOARD, AFTER USING CITY OF , LA PORTE ORDINANCE #1060 (STANDARD HOUSING CODE, 1976 EDITION) AS ITS GUIDE IN MAKING THE INSPECTION, THAT THIS BUILDING IS IN FACT DANGEROUS, . NOT REPAIRABLE, AND SHOULD BE DEMOLISHED. THIS BUILDING DOES NOT PROVIDE THE BASIC 'MINIMUM HOUSING STANDARDS 'DEEMED ESSENTIAL FOR SAFE AND HEALTHFUL LIVING FOR A RESIDENTIAL OCCUPANCY AND IS A THREAT TO PUBLIC SAFETY, HEALTH, AND THE GENERAL WELFARE OF THE CITIZENS OF LA PORTE.' :]t1r ~ , (iJ;((yt:l~J ///-7S-~ /, ,.- , ' e e .... Q) 'M Q)' 4-1 qj .0'0 qj 0.. Q) REHJ\RKS ::1 Q) 0.-1 tJ' ~ 4-1.-1 - Q) IU LA PORTE OnDIN1\NCE D 13S5 '0 '0 '04-1 qj Q) Q) III (STANDARD HOUSING CODE, ~ Q) Q) c: H Z ' ZH 1902 EDITION) 1. Heans of Eq re s s x 2. Hoom Sizes ot K. 3 . Pr.lvaCV of Bath X 4 . Privacy of 13edrooms x 5. Free of In fes ta tions NO 6 . Storage N/A ... Garbnqe 7. Ceilinq lIeights ..- O. K. o . \'1 i nCiO\" Clearances ' 0.. K. -- 9. \'1indo\" Area .~'~ ; --- x 10. \'iindO\" Openable ..- Areas x 11. \'1indo\" Sash x 12. Screens x 13. \'iindo\" Frames ' , x 14. Foundation .. x 15. P.lers N/A " 16. Floor Framlng x 17. Flooring x 16. Exterior \.,r all s x - 19. Columns x 20. Exterior Steps x 21. Exterior Stairs N/A' 22. Rooflnq x 23. Roofing Flashing x 24. Roof Rafters x 25. Sheathing x 26. Exterlor Doors x 27. Inter.lor Doors x 28. Partitions x Inter10r ,S tairs N/A - 29. 30. Ceiling .:Toists x 3l. Hard\'1are x 32. Mechanical Vent1.1a- tion x 33. Electric Lights x 34. Electric Switches x 35. Electr.lc Ou tlets x 36. Electric Panel x 37. Heating Equipment " x 38. Sink x 39. JJaVil tory x 40. \'/il te r Closet x 41. Bath Tub x 42. Plumbinq Dra.lnilqe x 43. Hot \./n te r ~ " x 44. Cold \'later x 1\ 5. Water lIeater - x 46. Grass YES 47. 'l'rash YES 41L Appl.lanc(~s YES 49. Furniture N/n 50. Automobi1e!i l\1 / lI. 51. Second.-:lry Structur.e vr.:~ CHECK LIST CODE VIOIATICN " ca1-taTfS \\ e e ORDINANCE NO. AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOT 7 , BLOCK ~!,..!'airmont Park West, Section 2 FAIRMONT PARK WESTHARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT -- Resolution Trust Corp. IS THE RECORD OWNER OF SAID PROPERTY; ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FqRWARD A COpy OF THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL OF SAID PREMISES BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La porte, passed and approved Sections 8-115 through 8-126 of the Code of Ordinances of the City of La Porte, creating a Board of Inspection to be composed of the Building Inspector or is duly authorized representative, the Fire Chief or his duly authorized representative, and the Fire Marshal or his duly authorized representative; and WHEREAS, Section 8-118(aa) of said Sections provide that: Whenever it shall come to the attention of the Board of inspection or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall, within twenty-four (24) hours of the receipt of said complaint, make a thorough inspection of said alleged dangerous building; and WHEREAS, Section 8-118(c) provides that: After the inspection provided for in this Section has been1made, with or without the aid of experts, the Board shall immediately report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and WHEREAS, it has heretofore come to the attention of the Board of Inspection that the building located on Lot 7. , Block 21i Fairmont Park W. IIi 10026 Ouiet Hill e e Ordinance No. , Page 2 Harris County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate into a condition of decay or partial ruin or has become a fire hazard, as defined in Section 8-117 of the Code of Ordinances of the City of La Porte; a~d WHEREAS, said Board of Inspection has heretofore made and filed its written report, dated 05-28-91 , finding said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner of said property, Resolution Trust Corporation , whose address is c/o Gary Barbles. 10 North Hanley Rd., St. Louis, MO 63105, that a hearing as provided in Section 5 of said Ordinance would be held at 604 West Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice of said hearing upon said owner, by registered mail, return receipt requested, which return receipt indicates that said owner received said notice on July 12, 1991 , aa date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board of Inspection; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and e e Ordinance No. , Page 4. Section 6. The city Council hereby orders the Board of Inspection of the City of La Porte to cause a notice of the dangerous, insanitary condition of the building to be affixed in one or more conspicuous places on the exterior of the building, which notice or notices shall not be removed or defaced by any person, under penalty of law, Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner of said property, the said Resolution Trust Corporation , by registered mail, return receipt requested. Section 8. Should the said Resolution Trust Corporation not comply with the orders contained in this Ordinance relating to the removal or demolition of such building within ten (10) days after hereof, then the Board of Inspection of the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said Resolution Trust Corporation , record owner of said property, and shall thereupon become I a valid and enforceable personal obligation of said owner of such premises, and the said Board of Inspection shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building, and made lien thereon. Section 9. The City Council officially finds, determines, and 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 e e Ord inance No. .._._,' Page 5. PASSED AND APPROVED this the 22nd day of July , 1991 CITY OF LA PORTE By Mayor ATTEST: City Secretary APPROVED: I City Attorney e e CITY OP Lh PORTE DhNGEROUS BUILDING 'INSPECTION FORM . . DATE 05-29-91 .' STREET 1\DDRESS 10026 Quiet Hill " " 10 North Hanley Road O\mER Resolution Trus t Corpora tion ADDRESS St. Lou is, MO 63105 OCCUPANT Vacant AGENT Gary Barbles SURVEY OR SUBDIVISION Fairmont Park W;; II:: ,BLOCK 21 LOT 7 TYPE OCCUPANCY Residential ZONING 'R-l' FACILITIES AVAILABLE: WhTER x Sl'.N'IThRY SE\-lER x ELECTRICAL POWER x GAS x NUMBER OF DWELLING UNITS 1 VACANT x PCCUPIED AS REQUIRED IN CITY OF LA PORTE ORDINANCE Ul145, SECTION 0-110, TilE. BOARD OF INSPECTION Ml\DE AN INSPECTION OF THE AF'OREMENTIONED PROp. ERTY, AND DETERJ.'4INED THE BUILDING LOCATED THEREON, IN TIIEIH. OPINIO'l'l, IS IN FACT A DANGEROUS BUILDING, FOR TilE FOLLO\'1ING REASONS: (AS OUTLINED IN CITY OF LA PORTE ORDINANCE 01145, SECTION 0-117). BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER 'REPAIR OR ANY OTHER CAUSE, iT IS ESPECIALLY LIABLE TO FIRE -?\ND CONSTITUTES A FIRE UAZARD; OR BECAUSE OP FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT IS LIABLE TO CAUSE INJURY OR DN.tAGE BY COLLAPSING OR BY COL- LAPSE OR FALL OP ANY PART OF SAID STRUCTURE; OR BECAUSE OP ITS CONDITION on BECAUSE OP LACK OF.SECURED DO~RS OR WINDOHS, IT IS AVAILABLE TO AND FREQUENTED BY MALEPACTORS OR DISORDERLY PERSONS \'1110 ARE NOT LAWFUL OCCUPANTS OP SAID STRUCTURE; OR , , BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC 'HEALTH AND 1-11\"1 CAUSE OR AID IN THE SPREAD OP DISEASE ....OR INJURY TO ,THE HEALTH OF ,THE OCCUPANTS OF IT OR NEIGH- " BORING STRUCTURES. I I I . \ .d. (SEE INSPECTION CIIECKLIST ON REVERSE SIDE WHICH IS A PART OF 'fillS REPORT. ) FINDINGS AND CONCLUSIONS OP THE BOARD OF INSPECTION: IT IS THE OlnNION OF THIS INSPECTION 'BOARD, AFTER USING CI'rY OF LA PORTE'ORDINANCE #1060 (STANDING HOUSING CODE, 1976 EDITION) AS ITS GUIDE.. IN 'MAKING THE INSPECTION, THAT THIS BUILDING IS IN FACT DANGEROUS, NOT REPAIRABLE, AND SHOULD BE DEMOLISHED. THIS BUILDING DOES NOT PROVH TIlE BASIC MINIMUM'HOUSING STANDARDS DEEMED ESSENTIAL FOR SAFE AND IIEALTI FUL LIVING FOR A RESIDENTIAL OCCUPANCY AND IS A THREAT TO PUBLIC SAFETY HEALTII, AND THE GENERAL \\lELFARE OF THE CITIZENS OF, LA PORTE. 71{'~ r ~R.d-~ 7;//L,- /. r' e e , J..4 t1J 'rot t1J .v ~ .0'0 ~ 0- t1J RE1-11\RKS ::J t1J 0.... 0- ~ .v.... t1J nJ . . a 1355 'tJ 'tJ "O.v L1\ PORTE ORDIN1\NCr.: nJ ,Q) t1J III (ST1\ND1\RD HOUSING CODE, r: t1J t1J r: H Z . ZH 1902 EDI'fION) 1 . Neuns of Eq re s s x 2. Hoarn Slzes x 3 . Prlvllcy of Bath x 4 . Privacy of Oedrooms x 5. Free of Infestatlons x 6 . Garbilqe Storage ... x 7. Ceiling lIeights ..- x o . \-lindo\oJ Clearances 0., K. -g. \-lindO\-I Area O. K.:".; 10. \HndO\oJ Openable Areas o. K. 11. \-lindO\oJ Sash x 12. Screens x 13. \Hndo\oJ Frames x ' , 14. Foundu t{on - o. K. .. 15. piers N/A 16. Floor Fram1ng N/A . 17. Floorinq N/A - 16. Bxterior \'l all s v 19. Columns . N/A 20. Exterior S tens N/A 21. Exterior Stairs N/A 22. Roofinq x 23. Rootlng Flashing v 24. Roof Rafters x .. 25. Sheathing x 26. Bxter10r Doors x 27. Interlor Doors x , 28. partitions x 29. Interlor ,Sta1rs N/A . 30. Ceiling Joists x 3l. Hard\-lare x 32. Nechanical Ventlla- tion x 33. Elec tr ic Lig h ts x 34. Electric Swi tches x 35. Electric Ou tle ts x 36. Blec tr ic Panel o. K. ' 37. I . Equil?Jllent Heat1ng .' x 38. Sink o. K. 39. Lavatory o. K. 40. \'/a te r Closet x 41. Oath Tub O. K. 42. Plumbln9 Dralnilqe x .. 4) . 1I0t "Ia te r " , x 44. Cold 'O/a ter o. K. 45. Water Hea ter - x 46. Grass o. K. 47. 'l'rash o. K. 4 G . Appllallces x 49. Furniture N/A 50. Automob.l.le!i N/A 51. Seconu.Jry Structur.e N/A", CHECK LIST CODe VIOlATICN ,.'. al1-lfl\lTS House involved in 'fire on 2-25-91'. .'.':uol'ise' " received moderate to heavy damage. llJ e e ORDINANCE NO. AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOT 1 , BLOCK 2: MonumenL-Esrnrp~ MONUMENT ESTATES, HARRIS CO~NTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT ---- ,lprry To C'nrnpl i \l~ I S THE RECORD OWNER OF SAI D PROPERTY; ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COpy OF THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL OF SAID PREMISES BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCR WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Sections 8-115 through 8-126 of the Code, of Ordinances of the City of La Porte, creating a Board of Inspection to be composed of the Building Inspector or is duly authorized representative, the Fire Chief or his duly authorized representative, and the Fire Marshal or his duly authorized representative; and WHEREAS, Section 8-ll8(aa) of said Sections provide that: Whenever it shall come to the attention of the Board of inspection or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall, within twenty-four (24) hours of the receipt of said complaint, make a thorough inspection of said alleged dangerous building; and WHEREAS, Section 8-118(c) provides that: ,After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall immediately report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and WHEREAS, it has heretofore come to the attention of the Board of Inspection that the building located on Lot 1. , Block 2: Monument Estates: l1734 Milam e e Ordinance No. , Page 2 Harris County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate into a condition of decay or partial ruin or has become a fire hazard, as defined in Section 8-117 of the Code of Ordinances of the City of La porte; and WHEREAS, said Board of Inspection has heretofore made and filed its written report, dated 05-28-91 , finding said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner of said property, Jerry L. Cornelius , whose address is 4834 Columbia Pasadena, Tx 77505 , that a hearing as provided in Section 5 of said Ordinance would be held at 604 West Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice of said hearing upon said owner, by registered mail, return receipt requested, which return receipt indicates that said owner received said notice on July 8, 1991 , aa date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met, in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board of Inspection; WHEREAS, City fifteen (15) days Council, after due deliberation, and within after the termination of the hearing, is required to make its decision in writing and enter its order; and e e Ordinance No. , Page 3. WHEREAS, City Council entered its order on June 24. 1991 a day which is within fifteen (15) days after the. termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF,LA PORTE: Section I. This Ordinance contains the findings and orders of the City Council of the City of La Porte, and its conclusions" based upon the evidence presented at said hearing. Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board of Inspection, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building to be a nuisance, and orders such building condemned. Section 4. The City Council hereby finds, determines and declares that Jerry L. Cornelius , who resides at 4834 Columbia, Pasadena, Tx 77505 ' is the record owner of the property on which this building is situated, and that as such record owner, the ,said Jerry L. Cornelius has been duly and legally notified of these ~roceedings. Section 5. The City Council hereby orders the said Jerry L. Cornelius to entirely remove or tear down such building, and further orders the said Jerry L. Cornelius to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete such removal of demolition of such building within a reasonable time. e e Ordinance No. , Page 4. Section 6. The city Council hereby orders the Board of Inspection of the City of La Porte to cause a notice of the dangerous, insanitary condition of the building to be affixed in one or more conspicuous places on the exterior ~f the building, which notice or notices shall not be removed or defaced by any person, under penalty of law, Section 7. The City Council Secretary to forvard a certified copy record owner of said property, the said Jerry L. Cornelius , by registered mail, return receipt hereby orders the City of this Ordinance, to the requested. Section 8. Should the said Jerrv L. Cornelius not comply with the orders contained in this Ordinance relating to the removal or demolition of such building within ten (10) days after hereof, then the Board of Inspection of the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said Jerry L. Cornelius , record owner of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said Board of Inspection shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building, and made lien thereon. Section 9. The City Council officially finds, determines, and recites and declares that a sufficient written notice of the date, hour, place and subject of this meetinq 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 . e ordinance No. _____" Page 5. preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the~subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 10. This Ordinance shall take effect and be in force from and after its passage and approval. \ PASSED AND APPROVED this the 22nd day of Ju1v , 1991 CITY OF LA PORTE By Mayor ATTEST: City Secretary APPROVED: I City Attorney e e CITY OF LA PORTE DANGEROUS nUILDING INSPECTION FORM DATE 05-28-91 STREET ADDRESS 11734 Milam 4834 Columbia ADDRESS Pasadena, Tx 77505 O\mER Jerry L. Cornelius OCCUPANT None AGENT None SURVEY OR SUBDIVISION Monument Estates ZONING BLOCK 2 LOT 1 - R-1 TYPE OCCUPANCY~esidential-~essory x SANITARY SE\1ER x FACILITIES AVAILABLE: WATER ELECTRICAL POWER GAS x -- .- - x o VACANT OCCUPIED x NUMBER OF DWELLING UNITS AS REQUIRED IN CITY OF LA PORTE ORDINANCE 111145, SECT'::~)N 8-110, THE BOARD OF INSPECTION I~DE AN INSPECTION OF THE AFOREMENTIONED PROp. ERTY, AND DETERt'4INED THE BUILDING LOCATED THEREON, IN THEIl: OPINIO'l'l, - IS IN FACT A DANGEROUS BUILDING I FOR THE FOLLO\HNG REASONS: (AS OUTLINED IN CITY OF LA PORTE ORDINANCE U1145, SEC'fION 8-117) . G o Q (1) (2) (3) Q (4) BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER 'REPAIR OR ANY OTHER CAUSE, iT IS ESPECIALLY LIABLE TO FIRE AND CONSTITUTES A FIRE ~AZARD; OR BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT IS LIABLE TO CAUSE INJURY OR DAMAGE BY COLLAPSING OR BY COL- LAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF,SBCURED DOORS OR WINDOWS, IT IS AVAILABLE TO AND FREQUENTED BY MALEFACTORS OR DISORDERLY PERSONS \'lH0 ARE NOT. LAWFUL OCCUPANTS OF SAID STRUCTURE; OR '. BECAUSE OF ITS CONDITION, IT IS D~NGEROUS TO PUBLIC HEALTH AND MAY CAUSE OR AID IN THE SPREAD OF DISEASE OR INJURY TO THE HEALTH OF THE OC<;:UPANTS OF IT OR NEIGH- BORING STRUCTURES. I I I (SEE INSPECTION CHECKLIST ON REVERSE SIDE WHICH IS A PART OF THIS REPORT. ) FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: IT IS THE OPINION OF TH1S INSPECTION BOARD, AFTER USING CITY OF LA PORTE ORDINANCE #l060 (STANDARD 'HOUSING CODE, 1976 EDITION) ,AS, ITS GUIDE IN MAKING THE INSPECTION, THAT THIS BUILDING IS IN FACT DILAPIDATED nUT STILL REPAIRABLE. ALL REPAIRS OR ALTERATIONS REQUIRED TO BE DONE SIIALL BE DONE IN ACCORDANCE WITH ALL CITY OF LA PORTE CODES AND ORDINANCES APPLICABLE. IF THE REPAIRS OR ALTERATIONS ORDER IS NOT COMPLIED WITH WITHIN TilE TIMETABLE SET OUT IN CITY OF LA PORTE ORDINANCE #1145, i~~JUILDING BE %T? / -~ IT IS THEN THE OPINION OF THIS INSPECTION BOARD THAT DEMOLISHED. r1J4' t.d'P~/-/;/L . < / . e Cllf::C1\ LIST "'i ~ ~ QJ '... QJ -l..I qj .0-0 nJ O. QJ REHJ\RKS ~ QJ 0"'" O' ~ -l..I"'" . QJ nJ . I 1355 -0 -0 'tl-l..l LJ\ PORTE ORDIN1\NCE nJ QJ QJ III (STJ\NDJ\RD HOUSING CODE, r:: QJ QJ r:: H Z ' ZH 1902 EDITION) 1- of Eq res s X . Metllls 2. Hoom SJ.zes N/A 3 . Privacy of Oath X . 13edrooms N/A 1\ . Privacy of. 5. Free 01: lnfes ta tJ.ons NO - N/A .,. 6 . Garbilqe Storage 7 . Ceiling lie 1CJ h ts N/A .,- o . \'iindo'" Clearances N7A -9. \'1indo'" ^rea X -'.. l.' io. \'1indO\" Openable -- .- ^rcas X 11- \'1inoO\" Sash X 12. Screens X 13. \'Ii ndo\o/ Frames X ' . llj . Foundation N/A -. 15. PJ.ers N7A 16. Floor FramJ.ng N fA 17. Flooring N fA lB. ExterJ.or \'1al1s X - 19. Columns - N/A 20. ExterJ.or Steps N/A Exterior Stairs , N/J\ 21. 22. Roofing X 2J. Hoofing Flashing X 21\. Hoof Rafters N/A 25. Sheathing X 26. ExterJ.or Doors X 27. InterJ.or Doors X 20. partitio~s X 29. Interior ,Stairs N/A JO. Ceiling Joists l'f/A 31. HardHare X 32. Nechanical VentJ.la- tion X 33. Electric L ig h ts x 31\. ElectrJ.c SWJ. tches x 35. Electric Outlets x 36. Electric Panel x 37. lleatJ.ng Equipment x " 30. SJ.nk ~/A 39. J~i1va tory x 1\ 0 . \'/a te r Closet x 41. Bath Tub N/A. 42. P lumb.1.nq Dra.1.naqe x 4 ) . Hot \'/a te r . x 44. Cold \'1nter x 45. Water Heater x - 46. Grass YES . 47. 'l'ra s h - N/A " fl . Appl.1.ances - N/A . 49. Furniture fi/A 50. Au tomol>iJ:e!i N/A 51. Sccond.lry - N/A S t nlc tu r.c CODE VIOIATICN I " ' .... 00' .' " , ca1'II:J-ITS e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: July 22. 1991 Requested By: Bobby L. Powell Department: Police Report Resolution x Ordinance EXHIBITS: Proposed Alarm Ordinance SUMMARY & RECOMMENDATION We are requesting the adoption of an ordinance regulating the burglary and robbery alarm systems in the City of La Porte. I believe this ordinance will reduce the number of false alarms, cost and liability to the city, and compel the alar~ holders to assume more responsibility. We have responded to 1476 alarms in the last year with the estimated cost of $30.00 per alarm amounting to approximately $44,282.00. The response time now is a cost to the city with no responsibility to the alarm holder. However, the adoption of this ordinance will reduce the amount of false alarms and thereby reducing the cost and liability to the city. We have rewritten and simplified this ordinance from the one requested to be placed on the agenda May 21, 1990 and was tabled We consulted with the City of La Porte Judge and Prosecutor who verified that it is prosecutable. I believe a summons should be issued for the judge or jury to access a fine or punishment. This ordinance provides for five false alarms before a citation is written. Any person violating the terms of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not more than two hundred dollars ($200.00). It also deems it unlawful for any person to operate an alarm system without a valid alarm user permit. ACTION REQUIRED BY COUNCIL: I Adopt Alarm & Burglary Ordinance. ALTERNATIVE: Leave situation as is and accept cost & liability. AVAILABILITY OF FUNDS: General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other (Grant Funded) Account Number: Funds Available: YES NO A 7 )8 " DATE e e " .......... ORDINANCE NO. AN ORDINANCE REGULATING BURGLARY AND ROBBERY ALARM SYSTEMS IN THE CITY OF LA PORTE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00); CONTAINING A SEVERABtLITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BElT ORDAINED BY ,THE ,CITY COUNCIL OF THE CITY OF LA PORTE: t Section 1 This ordinance shall be kno~Tn aa the Burglary and Robbery Alarm Ordinance." section 2 DEFINITIONS Unless it is apparent from the context that another meaning is intended, J ~he following words when used in the article shall have the meaning attached A(attributed) to them by this section. ALARM BUSINESS:.. means the business of any individual, partnership, corporatio~ or other entity engaged in selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any alarm system to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed in or on any building, structure or facility. ALARM PERMIT: means a permit issued by the City allowing the operation of an alarm system within the City. ALARM SYSTEM: means any assembly of equipment, mechanical or electrical, arranged to signal the occurrence of an activity requiring urgent attention and to which the Police Department is expected to respond, but does not include alarms installed to transmit fire alarms. ALARM USERS: means the person, firm, partnership, association, corporation, company or organization, structure or facility or portion thereof wherein an alarm system is maintained. AUTOMATIC TELEPHONE DIALING ALARM SYSTEM: means the automatic dialing devices or an automatic telephone dialing alarm system and shall include any system which, upon being activated, automatically transmits by telephone or telephone line to the Police Department, a recorded message or code signal indicating a need for emergency response; or a system which, upon activation, connects to an answering service whose function is to transmit to the Police Department a need for emergency response. .. " ,. .. l ~ t t- i e e Ordinance No. , Page 2 FALSE ALARM: the alarm system activates a signal indicating to the Police the alarm system has been violated. Thereby causing a response by the police when in fact a situation requiring a response does not exist; but this definition does not include violent conditions of nature, nor does it include other extraordinary circumstances not reasonably subject to control by the alarm user. SECTION 3.1 ALARM USER PERMITS REQUIRED; FEES; RENEWAL (a) It shall be unlawful for any person to operate an alarm system without a valid alarm user permit. Violation of this Section shall be a Class C Misdemeanor punishable by a fine not to exceed $200.00. (b) Each operating alarm system will have a designated person and address named and listed en each permit as owner or conservator in the event a citation is to be issued or a fine imposed or any other legal notification should become necessary. (c) - Within thirty (30) days of the effective date of this ordinance, alarm user permits are to be acquired from City Code Enforcement Division. The initial registration and permit fee is twenty five ($25.00) dollars. (d) All alarm user permits will expire on the Thirtieth (30th) day of September of each year and must be renewed not later than the fifth (5th) day of October of each year with a renewable fee of five ($5.00) dollars. per alarm per address. (e) Pre-existing Installations All structures having a operating alarm in place on the effective date of this ordinance shall register with the city Code Enforcement Division. No initial registration and permit fee shall be required on existing installations. (f) If a business has one (1) or more alarm systems protecting two (2) or more separate structures having different addresses, a separate permit will be required for each structure. Section 3.2 APPLICATION FOR ALARM PERMIT; EMERGENCY NOTIFICATION AND REPORTING SERVICE INFORMATION (a) Applications Each application shall state the name, address and telephone number e e Ordinance No. , Page 3 of the applicant's property to be serviced by the alarm and the name, address and telephone number of the applicant's residence, if different. If the applicant's alarm is to be serviced by an alarm company, then the applicant shall also include the name, address and telephone number of the company. (b) Emergency Notification Each application shall list an emergency telephone number of the user or his representative to permit prompt notification of alarm f ~b calls and facilities assisting the police ,in the in'specti..on of the property. Changes in emergency telephone number shall be kept current, and this being the responsibility of the listed applicant. j ... (c) Reporting Service Information , Any application inforffiQtion on file that rsquires any changes shall immediately be submitted in writing by the designated representative to the Code Enforcement Division. Section 3.3 NECESSARY, ITEMS FOR ALARM SYSTEMS TO QUALIFY FOR AN ALARM USER PERMIT (a) All alarm systems shall have a backup power supply that will become effective in the event of power failure or outage in the source of electricity from the utility company. (b) All alarm systems will have an automatic reset which silences the annunciator with thirty (30) minutes after the activation and which will not sound again as a result of the same event that resulted in the original activation. Section 3.4 DETERMINATION OF VALIDITY (a) Whenever an alarm' is activated in the city. causing emergency response by the police department, the officer on the scene shall visually inspect the area protected, along with the alarm system and shall determine whether the emergency response was required or whether the alarm system malfunctioned and thereby activated a false alarm at which time a report of the results will be made in writing by the officer. (b) The Chief of Police or his designee, shall have the right to inspect any alarm system on the premises to which a response has been made and he may cause an inspection of such system to be made at any e e ,- Ordinance No. , Page 4 reasonable time during normal business hours. Section 3.5 Penalties for False Alarms (a) More than five (5) false alarms from the same system within a permit year is considered excessive and constitutes a public nuisance. (b) The activation of six (6) or more false alarms from the same system within a permit year will be cau~e to issue a written citation to , the alarm user as defined on the city issued permit. (c) Failure to make application for permit or failure to renew a permit , "',T- or failure to use alarm without a permit will be cause for a written " (d) ~. (e) citation to be issued to alarm user. Violation of this alarm ordinance shall be a Class C Misdemeanor, punishable by a fine not to exceed two hundred ($200.00) dollars. Failure' to abide by all rules or regulations set forth in this ordinance shall constitute grounds for revocation of this permit in addition to other penalt{es. SECTION 3.6 DECLARATION (a) 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. (b) Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any.provision of the 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). (c) The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting . , !Ioo" ~ ~~, -,.'. e . Ordinance No. , Page 5 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. (d) This ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of, .this ordinance, by causing :the caption hereof to be published in the official newspaper in the City of La Porte at least twice within ten (lOr days after the passage of this ordinance. PASSED AND'APPROVED, this the day of 1991. CITY OF LA PORTE BY Norman Malone, Mayor ATTEST: Cherie Black, City Secretary APPROVED: Knox W. Askins, City Attorney " e e .. REQUEST FOR CITY COUNCIL AGENDA ITEM AGENDA DATE REQUESTED July 22, 1991 REQUESTED BY Jeff Litchfield DEPARTMENT Director of Finance REPORT RESOLUTION xx ORDINANCE EXHIBITS: Ordinance SUMMARY AND RECOMMENDATION The City of La Porte currently has a process whereby it determines a potential contractor's qualifications in the areas of construction quality and experience as well as their financial condition for all projects that are estimated to cost more than $300,000. This process is known as Contractor Pre-Qualification or pre-qualification for short, The Ordinance governing Pre-Qualification of potential Contractors was originally passed in May of 1985. It was superseded by Ordinance l476-A in July of 1987. Staff has reviewed the existing Ordinance and has made several recommendations for changes. The changes have been derived from experience obtained in working with the Ordinance over the last year. The only major change to the Ordinance is the addition of a clause which allows the City Manager to determine that certain projects estimated to cost less than $300,000 have to be prequalified. It also includes established criteria that shall be used in making such determination. The remainder of the Ordinance has very few changes and those changes are primarily the addition of definitions and clarification of ambiguous wording. The only other major change is in the format of the Contractor's Statements, which are incorporated into the Ordinance by attachment of Exhibit A. ACTION REQUIRED BY COUNCIL: Approve or Disapprove the passage of the Ordinance AVAILABILITY OF FUNDS: GENERAL FUND UTILITY FUND OTHER ACCOUNT NUMBER: N/A FUNDS AVAILABLE: YES NO APPROVED FOR CITY COUNCIL AGENDA RO~ H~ERA CI AGER 711,/,/ I I DATE e e ORDINANCE NO. 1476-B AN ORDINANCE AMENDING ORDINANCE NO. 1476-A, AN ORDINANCE REQUIRING THE PRE- QUALIFICATION OF CONSTRUCTION PROJECTS HAVING AN ESTIMATED COST OF GREATER THAN THREE HUNDRED THOUSAND DOLLARS ($300,000); REQUIRING FILINGS OF CONTRACTOR'S STATEMENTS WITH THE CITY OF LA PORTE; PROHIBITING CONTRACTORS FROM SUBCONTRACTING MORE THAN FIFTY PERCENT (50%) OF WORK ON CITY OF LA PORTE PROJECTS WITHOUT PRIOR WRITTEN CONSENT; REQUIRING ATTENDANCE AT A PRE-BID CONFERENCE AS A PREREQUISITE TO SUBMITTING A BID; PROVIDING FOR PUBLICATION OF NOTICE; APPROVING AND ADOPTING FORMS FOR THE PRE-QUALIFICATION OF CONTRACTORS; DEFINING "BIDDING CAPACITY"; ADOPTING DISQUALIFICATION STANDARDS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; CONTAINING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte has determined, and does hereby find, determine, and declare that it is in the best interest of the City of La Porte that all Contractors desiring to bid on City of La Porte construction projects having an owner's estimated construction cost of greater than Three Hundred Thousand Dollars ($300,000), must pre-qualify by filing a satisfactory Contractor's Statement, on the forms attached hereto, with the City Manager or his designee, City of La Porte, no later than thirty (30) days prior to th~ date bids are to be opened, if a Contractor is to be eligible to bid. For projects with an owner's estimated construction cost of less than Three Hundred Thousand Dollars ($300,000), Contractor's may have to pre- qualify, if such is determined by the City Manager. In making such determination, the City Manager shall review the City's past experience with projects of similar nature; the recommendation of the project architect/engineer which considers the complexity of the project; and the uniqueness or novelty of the anticipated project which may require a high degree of contractor specialization, technical expertise, and/or previous experience on similar projects. Once a contractor has successfully pre- qualified, in order for them to remain pre-qualified, a new Contractor's e e . Statement shall be filed with the City annually. The financial information contained in such Contractor's Statement is deemed confidential; shall not be disclosed by City to the public or to other contractors; and shall be deemed exempt from disclosure under the Open Records Act, Art. 6252-17a, V.A.T.S., in accordance with the Texas Attorney General's Opinion no ORD-309, 1982. The City Council of the City of La Porte finds that disclosure of the financial information is likely to have either of the following effects: (1) to impair the City's ability to obtain necessary information in the future; or (2) to cause substantial harm to the competitive position of the person from whom the information was obtained. Section 2. Contractors entering bids on City of La Porte construction projects shall not subcontract more than fifty percent (50%) of the work on the project, without first obtaining the express written consent of the City of La Porte. Section ~. All contractors (or a representative of the contractor) desiring to bid on City of La Porte construction projects must attend a pre- bid conference; otherwise, such Contractor's bid will be returned by the City unopened. Section 4. Public notice of pre-qualification of bidders by the City of La Porte, shall be published in like manner as invitations to bidders, and shall not be a substitute for publishing the actual invitation to bidders on each project. Section 5. The City Council of the City of La Porte approves and adopts the forms for Contractor's Statements, attached hereto as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes. e e Section 6. The City of La Porte is interested in determining a contractor's "Bidding Capacity" for the purpose of issuing proposals and awarding contracts. "Bidding Capacity" for each Contractor shall be equal to their Net Working Capital". "Net Working Capital" is defined as current assets less current liabilities, as shown on a balance sheet examined by an independent Certified Public Accountant. The City will determine the minimum "Bidding Capacity" for each project. Only those contractor's possessing a "Bidding Capacity" meeting or exceeding that minimum will be considered pre- qualified for that project. Section 7. the City Council of the City of La Porte adopts the following standards for disqualification of Contractors: I. AUTOMATIC DISQUALIFICATION A. Company has a negative Net Working Capital. B. Failure to complete Statements in all detail. C. Company or personnel on Federal Job Debarment list. D. Compariy or personnel on Justice Department list of unacceptable contractors; i.e. convicted on anti-trust violations. E. Failure to complete Statement in a truthful manner. II. OTHER CONSIDERATIONS FOR POSSIBLE DIS-QUALIFICATION A. Companies with pending litigation may be disqualified for duration of litigation as deemed to the advantage of the City by the City's Project Manager. B. Default on contract, or forfeiture of bid bonds or performance bonds. C. Performance record of poor workmanship on previous projects. D. Performance record of failure to complete warranty work. E. Bankruptcy or financial reorganization. e e F. Companies submitting consolidat~d financial statements will be disqualified unless their parent company agrees to be the contracting party with the City of La Porte. 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 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 9. Except as amended hereby, Ordinance No. 1476-A, passed and approved July 22, 1987, shall remain in full force and effect. Section 10. This ordinance shall be in effect from and after its passage and approval. PASSED and APPROVED this the 22nd day of July, 1991. City of La Porte By Norman Malone, Mayor ATTEST: City Secretary APPROVED : City Attorney e EXHIBIT "A" e - - CONTRACTOR'S STATEMENT Submitted to: City of La Porte, Texas P . 0 . Box 1115 La Porte, Texas 77572 Submitted by: Legal name under which you wish to qualify Date of Submission: _, 19_ Type of Company: ( ) Individual ( ) Partnership ( ) Joint Venture ( ) Corporation ( ) Other Post Office Box: Zip code Street Address: Zip code City and State - - Telephone Number ( ) Texas Vendor Identification No. - - Federal Employer's Identification No. - - Name of Contact Person - - Have Financial Statements been attached or enclosed? Yes No Contractor's Statement, Initial Application Page 1 by the sworn affidavit required interrogatories hereinafter made WARNING TO BIDDERS s Statement guarantees, as evidenced statements and of all answers to the The signatory of this Contractor' herein, the truth and accuracy of all Before a contractor shall be considered eligible to bid on owner's work of estimated construction cost of greater than $300,000, he must have filed a satisfactory contractor's statement on this form, with the City of La Porte, Texas. This must be on file in the offices of the City of La Porte, at least thirty, (30), days prior to the date bids are to be opened, if a contractor is to be eligible to bid. Contractors are also required to meet the requirements of Ordinance , which establishes the qualifications for Corporate Sureties and the requirements for Performance and Payment Bonds e A new Contractor's Statement shall be made annually. If a contractor has a satisfactory Contractor's Statement on file, he will be eligible to bid for a period of twelve, (12), months from the date of the Contractor's Statement; however, City of La Porte reserves the right to require a new Contractor's Statement at any time. A contractor will be granted a three-month grace period to prepare and submit a new Contractor's Statement, provided he notifies the City of La Porte project manager in writing prior to the date his Contractor's Statement expires, of his intention to re-qualify. be 11 i the same w es are i It is clearly understood that if discrepancies are found in this Contractor's Statement, considered unsatisfactory, and the contractor will be ineligible to bid until such discrepanc satisfactorily explained to the project manager. In compiling the Contractor's Statement, all items must be filled in and all schedules must be completed in detail. If separate schedules are used, they must be specifically identified as to which schedule in the Contractor's Statement they support. FAILURE TO COMPLETE ALL ITEMS AND ALL SCHEDULES IN DETAIL WILL DISQUALIFY THE CONTRACTOR, AND THE CONTRACTOR WILL BE INELIGIBLE TO BID UNTIL A PROPERLY COMPLETED CONTRACTOR'S STATEMENT HAS BEEN FILED WITH the CITY OF LA PORTE, If there is nothing to report in certain items or schedules, then make the notation "None" e and must s books and verified as taken from company' tem must be actual i The amount as shown for each not be "approximate" amounts WHICH STRICTLY CONFIRMS TO THE PLANS AND A CONTRACTOR SUBMITTING A BID ON OWNER'S WORK SHALL ENTER A BID SPECIFICATIONS OF THE PROJECT AS ISSUED BY THE PROJECT'S ENGINEER(S). OF WORK ON THE PROJECT, CONTRACTORS ENTERING BIDS ON OWNER'S WORK SHALL NOT SUBCONTRACT MORE THAN 50% WITHOUT FIRST OBTAINING THE EXPRESS WRITTEN CONSENT OF THE CITY OF LA PORTE. ng to bid on owner's work must attend a No plans and specifications shall be All contractors (or a representative of the contractor) desiri pre-bid conference; otherwise, their bid will be returned unopened. issued by the engineer(s) after the pre-bid conference Page 2 cation Appl ti al i In s Statement Contractor' e e INSTRUCTIONS Please answer in complete detail all uestions in the Contractor's Statement This applies particularly to dates when contracts are expected to be completed. If there is not sufficient space in the Contractor's Statement, the use of attached schedules to support the detailed information requested in the Contractor's Statement will be satisfactory. When attaching the schedules, please furnish detailed address when they are requested in the Contractor's Statement. An organization that is a partnership will complete page 4. An organization that is a corporation will complete page 5. An organization other than a partnership or a corporation will complete page 6. ALL organizations are required to complete pages 7 through 17. ALL organizations are required to submit a complete set of financial statements (balance sheet, income statement, and accompanying notes to the financial statements). The most recent set of audited financial statements are preferred. If audited financial statements are not available, please contact the Director of Finance, City of La Porte, to determine what information will be acceptable. As outlined in Ordinance 1476-8, the information contained in the financial statements will be held in confidence and will only be used by the City of La Porte and its advisors in analysis of the Contractor's Statement. Contractor's Statement. Initial Application Page 3 Limited? or Genera 1 EQUIPMENT AND EXPERIENCE STATEMENT 2 Is partnership FOR PARTNERSHIPS - 1 Date of Organization - 3 List ALL partners - e 1. Name : 2. Name: 3. Name: Address: Address: Address: Phone: ( ) Phone: ( ) Phone: ( ) Partnership Status: - Genera 1 - U rni ted Partnership Status: - General - Li rni ted Partnership Status: - General - Lirni ted 4. Name: 5, Name: 6. Name: Address: Address: Address: Phone: ( ) Phone: ( ) Phone: ( ) Partnership Status: - General - U rni ted Partnership Status: - General - Urni ted Partnership Status: - General - Urni ted 7, Name: 8, Name: 9. Name: Address: Address: Address: Phone: ( ) Phone: ( ) Phone: ( ) Partnership Status: - General - Urni ted Partnership Status: - General - U rni ted Partnership Status: - General - U rni ted Page 4 cation i Appl al i t i In Statement s Contractor EQUIPMENT AND EXPERIENCE STATEMENT FOR CORPORATIONS 1. Date of Incorporatlon ] 2. State of Incorporation r-3. Charter/Permit number 4, Officer's Names - President , Vice President Secretary , Treasurer 5. List ALL individuals owning 5% or more of the outstanding stock of the corporation It e 1. Name: 2. Name: 3. Name: Address: Address: Address: Phone: ( ) Phone: ( ) Phone: ( ) Percent of Stock Owned Percent of Stock Owned Percent of Stock Owned 4. Name: 5. Name: 6. Name: Address: Address: Address: Phone: ( ) Phone: ( ) Phone: ( ) Percent of Stock Owned Percent of Stock Owned Percent of Stock Owned 7. Name: 8. Name: 9. Name: Address: Address: Address: Phone: ( ) Phone: ( ) Phone: ( ) Percent of Stock Owned Percent of Stock Owned Percent of Stock Owned Page 5 cation Appl al Initi Contractor's Statement EQUIPMENT AND EXPERIENCE STATEMENT FOR OTHER THAN PARTNERSHIPS AND CORPORATIONS 1. Describe the organization 2. List ALL principals of the organization e - 1, Name: 2. Name: 3, Name: Title: Title: Title: Address: Address: Address: Phone: ( 1 Phone: ( 1 Phone: ( 1 4, Name: 5, Name: 6, Name: Title: Title: Title: Address: Address: Address: Phone: ( 1 Phone: ( 1 Phone: ( 1 7. Name: 8. Name: 9. Name: Title: Ti tl e: Title: Address: Address: Address: Phone: ( 1 Phone: ( 1 Phone: ( 1 Page 6 cation Appl al i t i In Statement s Contractor' EQUIPMENT AND EXPERIENCE STATEMENT CONTRACTORS Provide the following information for ALL partners, principals. officers and field superintendents of the organization who could be expected to work on our project. For those who have been with the organization for less than FIVE (5) years, list their prior employers to cover the period starting five years prior to date of submission of contractor's statement up to and including employment with your firm. COMPLETED BY ALL TO BE 1 e - 1. Name: 2. Name: Position or office held: Position or office held: Employer: Employer: Type of Business: Type of Business: Years with organization: _____; of Construction Experience _____ Years with organization: _____; of Construction Experience _____ Time Period: From To Time Period: From To Magnitude & type of work: Magnitude & type of work: 3. Name: 4. Name: Position or office held: Position or office held: Employer: Employer: Type of Business: Type of Business: Years with organization: _____; of Construction Experience _____ Years with organization: _____; of Construction Experience _____ Time Period: From To Time Period: From To Magnitude & type of work: Magnitude & type of work: 5. Name: 6. Name: Position or office held: Position or office held: Employer: Employer: Type of Business: Type of Business: Years with organization: _____; of Construction Experience _____ Years with organization: _____; of Construction Experience _____ Time Period: From To Ti me Peri od: From To Magnitude & type of work: Magnitude & type of work: Page 7 Application Initial Contractor's Statement EQUIPMENT AND EXPERIENCE STATEMENT TO BE COMPLETED BY ALL CONTRACTORS 1 Partner, principals. officers and field superintendents information, continued e e 7. Name: 8. Name: Position or office held: Position or office held: Employer: Employer: Type of Business: Type of Business: Years with organization: _____; of Construction Experience _____ Years with organization: _____; of Construction Experience _____ Time Period: From To Time Period: From To Magnitude & type of work: Magnitude & type of work: 9. Name: 10. Name: Position or office held: Position or office held: Employer: Employer: Type of Business: Type of Business: Years with organization: _____; of Construction Experience _____ Years with organization: _____; of Construction Experience _____ Time Period: From To Time Period: From To Magnitude & type of work: Magnitude & type of work: 11. Name: 12. Name: Position or office held: Position or office held: Employer: Employer: Type of Business: Type of Business: Years with organization: _____; of Construction Experience _____ Years with organization: _____; of Construction Experience _____ Time Period: From To Time Period: From To Magnitude & type of work: Magnitude & type of work: Page 8 cation i Appl al i Init Contractor's Statement EQUIPMENT AND EXPERIENCE STATEMENT TO BE COMPLETED BY ALL CONTRACTORS Continued 2 List affi ated and/or subsidiary companies and other businesses for which the organization has a financlal interest e e 1. Name of organization 2. Name of organization Type of Business Type of Business Address Address Phone Number ( ) Phone Number ( ) 3, Name of organization 4. Name of organization Type of Business Type of Business Address Address Phone Number ( ) Phone Number ( ) 5, Name of organization 7. Name of organization Type of Business Type of Business Address Address Phone Number ( ) Phone Number ( ) 7. Name of organization 8. Name of organization Type of Business Type of Business Address Address Phone Number ( ) Phone Number ( ) Page 9 on i cat i Appl al ti i In Contractor'S Statement EQUIPMENT AND EXPERIENCE STATEMENT Continued TO BE COMPLETED BY ALL CONTRACTORS, Information Additional Organlzation 3 ts present buslness name? contractor under n buslness as a general How many years has your organlzation been a. your organlzation operated? has Under what other or former names b. declared bankruptcy or undergone reorganlzation procedures? ts predecessors ever defaulted Has your organlzation or any of c t? pending agalnst Does your organization presently have outstanding clalms d. t? pending against clalms ated/subsidiary companles have outstanding Do any of the organlzation s affi e. tigation? n nvolved Is the organlzation currently f. e tigation? n nvolved ated/subsidiary companles currently Are any of the organlzation s affi g. st of credi tors Has your organization ever failed to compete a construction contract, forfeited a bid bond/proposal guaranty, or otherwise refused to enter into contract for work awarded to it? If so, attach sheet detailing (a) name of project, (b) contract amount, (c) class of work, (d name and addresses of: (i) project engineer, (ii) contractor, and (iii) owner, (e) when f) where, and (g) why dates of c e, name sheet discussln For each and ever amounts owed each h. Has any officer or partner of the organization ever been an officer or partner of some other organization that failed to complete a construction contract, forfeited a bid bond/proposal guaranty, or otherwise refused to enter into contract for work awarded to it? , If so, attach sheet detailing (a) name of individual, (b) his current position, (c) name of other organization, (d) position at other organization (e) name of project, (f) when (g) where, and (h) why ted a bid bond/proposal guaranty, or attach sheet detailing (a) name of (f) when (g) where, and (h) why on contract, forfei If so, of project Has any officer or partner of the organization ever failed to complete a construct otherwise refused to enter into contract for work awarded to him in his own name? individual, (b) his current position, (c) class of work, (d) name of project, (e) j address Construction Experience 4 e lities underground ut paving e n each type of construction work Provide years of experience you organlzation has had CONSTRUCTION GENERAL SEWER REHABITILATION UNDERGROUND UTILITIES PAVING Type of construction work contractor Years experience as a general Years experlence as a subcontractor OTHER OTHER OTHER OTHER Type of construction work contractor Years experlence as a subcontractor Years experience as a general 10 Page on i Applicat Initial Contractor'S Statement EQUIPMENT AND EXPERIENCE STATEMENT TO BE COMPLETED BY ALL CONTRACTORS, Continued 5. List ALL major heavy equipment which your organization presently owns. Similar types of equipment may be lumped together. If your company has a detailed listing of all major equipment, such list may be substituted in lieu of preparing this section. Description of Equipment Num, of units Average Age Description of Equipment Num. of units Average Age 1 11 2 12 3 13 4 14 5 15 - 6 16 7 17 8 18 9 19 10 20 6. List ALL heavy equipment which is pertinent to the organization's construction work that is not owned by the organization, but is available by renting, Description of Equipment Name and Detailed Address of Owner Phone of Owner - 7. What type of work or specialties do you normally sub-contract Contractor's Statement Initial Application Page 11 EQUIPMENT AND EXPERIENCE STATEMENT TO BE COMPLETED BY ALL CONTRACTORS, Continued e e ast than $200,000 that your organIzation has completed within the list remainder on a separate sheet and attach to this form 2. 4. 8. List ALL completed projects (not to exceed 20) of construction costs greater five (5) years in Texas and elsewhere If more that 8 are applicable, please 1. Name of project Construction cost Type of work Completion dates (Scheduled/Actual) Location (City, County and State) Name of project engineer Address of project engineer Name of owner Address of owner Phone # of project engineer & owner If you were a sub-contractor, list name of contractor 3. Name of project Construction cost Type of work Completion dates (Scheduled/Actual) Location (City, County and State) Name of project engineer Address of project engineer Name of owner Address of owner Phone # of project engineer & owner If you were a sub-contractor, st name of contractor 12 Page on i Applicat Initial Statement s Contractor e - EQUIPMENT AND EXPERIENCE STATEMENT TO BE COMPLETED BY All CONTRACTORS, Continued List of completed projects, continued - 5. 6. Name of project Construction cost Type of work Completion dates (Scheduled/Actual) Location (City, County and State) Name of project engineer Address of project engineer Name of owner Address of owner Phone # of project engineer & owner ( ) ) If you were a sub-contractor, list name of contractor - 7. 8. Name of project Construction cost Type of work Completion dates (Scheduled/Actual) Location (City, County and State) Name of project engineer Address of project engineer Name of owner Address of owner Phone # of project engineer & owner ( ) ) If you were a sub-contractor, list name of contractor Contractor's Statement Initial Application Page 13 EQUIPMENT AND EXPERIENCE STATEMENT TO BE COMPLETED BY ALL CONTRACTORS Continued 9. List major construction projects your organization currently has in process If more than 8 are applicable, 11st rema1nder on a separate sheet and attach to this form. - l. 2. Name of project Construction cost Type of work Scheduled completion date Location (City, County and State) e Name of project engineer Address of project engineer Name of owner Address of owner Phone # of project engineer & owner ( ) ) If you are a sub-contractor, list name of contractor - 3. 4. Name of project Construction cost Type of work - Completion dates (Scheduled/Actual) Location (City, County and State) Name of project engineer Address of project engineer Name of owner Address of owner Phone # of project engineer & owner ( ) ) If you are a sub-contractor, list name of contractor Contractor's Statement Initial Application Page 14 e e EQUIPMENT AND EXPERIENCE STATEMENT TO BE COMPLETED BY ALL CONTRACTORS, Continued List of current projects, continued - 5. 6. Name of project Construction cost Type of work Scheduled completion date Location (City, County and State) Name of project engineer Address of project engineer Name of owner Address of owner Phone # of project engineer & owner ( ) ) If you are a sub-contractor, list name of contractor - 7, 8. Name of project Construction cost Type of work Completion dates (Scheduled/Actual) Location (City, County and State) Name of project engineer Address of project engineer Name of owner Address of owner Phone # of project engineer & owner ( ) ) If you are a sub-contractor, list name of contractor Contractor's Statement Initial Application Page 15 e e REFERENCES TO BE COMPLETED BY ALL CONTRACTORS 1. List ALL banks with whom your organization has done buslness with during the past five years List current banks first. Name of Bank Officer with whom Name of Bank Detailed Address you transacted business Phone Number ) ) ) ) ) 2. List the top six (6) suppliers from whom your organization has purchased principal materials or equipment from during the last five years. Name of Fi nn Detailed Address Name of Fi nn Deta il ed Address 1 4 2 5 3 6 3. Payment and Performance Bond a. Name, detailed address and phone # of insurance company: 1. Company file number: 2. Authorized to do business in Texas? 3. Authorized to issue payment/perfonnance bonds? 4. Maximum amount of bond authorized to issue: b, Name, detailed address and phone # of Agency (company or partnership for which Agent works) 1. Name, detailed address and phone # of Agent (person actually signing bonds) 2. Agent authorized to do business in Texas? 3. Agent's File Number: 4. Agent's local recording agent's license number: 5. Does agent/agency have appointment from insurance company authorizing agent/agency to sign bonds? Contractor's Statement Initial Application Page 16 AUTHORIZATION FOR VERIFICATION AND AFFIDAVIT STATE OF COUNTY OF The undersigned hereby declares that the accompanying Contractor's Statements, including any financial statements or any other statements attached hereto, is a true statement of the current condition of the organization, as of the date herein first given; that this statement is for the express purpose of inducing the party to whom it is submitted to award the submitter a contract, and the accountant who prepared the balance sheet accompanying this report as well as any depository, vendor or any other agency herein named is hereby authorized to supply such party with any information, while this statement is in force, necessary to verify said statement e a and serving in the capacity of that the foregoing financial statements, taken from the books of said organization, is true and accurate statement of the financial condition of said firm as of the date thereof and that the answers to the interrogatories contained therein are true and that the statements and answers to the interrogatories of the foregoing equipment questionnaire are correct and true as of the date of this affidavit; and, that the statements and answers to the interrogatories of the foregoing experience questionnaire are correct and true as of the date of this affidavit. If we have submitted consolidated financial statements for the determination of our financial condition, it is understood that the contract will be made with the parent or holding company member of the organization of s a deposes and says that he sworn y be1ng dul Organ1zation Name officers or partners must slgn (All Name Title e me before of office and to certify which witness my hand and seal 19_ day of on this the SUBSCRIBED AND SWORN to by the unders1gned authority n and for The State of Texas Public Notary Pr1nted Name of Notary sSlon expires My cOlllni 17 Page cation i Appl Initial s Statement Contractor' e e red made i t requ nafter i i by the sworn affidav interrogatories here WARNING TO BIDDERS s Statement guarantees, as evidenced statements and of all answers to the The signatory of this Contractor' n, the truth and accuracy of all i Before a contractor shall be considered eligible to bid on owner's work of estimated construction cost of greater than $300,000, he must have filed a satisfactory contractor's statement on this form, with the City of La Porte, Texas. This must be on file in the offices of the City of La Porte, at least thirty, (30), days prior to the date bids are to be opened if a contractor is to be eligible to bid here e s A new Contractor's Statement shall be made annually. If a contractor has a satisfactory Contractor's Statement on file, he will be eligible to bid for a period of twelve, (12), months from the date of the Contractor's Statement; however, City of La Porte reserves the right to require a new Contractor's Statement at any time. A contractor will be granted a three-month grace period to prepare and submit a new Contractor' Statement, provided he notifies the City of La Porte project manager in writing, prior to the date his Contractor's Statement expires, of his intention to re-qualify. be the same will es are It is clearly understood that if discrepancies are found in this Contractor's Statement, considered unsatisfactory, and the contractor will be ineligible to bid until such discrepanci satisfactorily explained to the project manager. In compiling the Contractor's Statement, all items must be filled in and all schedules must be completed in detail. If separate schedules are used, they must be specifically identified as to which schedule in the Contractor's Statement they support. FAILURE TO COMPLETE ALL ITEMS AND ALL SCHEDULES IN DETAIL WILL DISQUALIFY THE CONTRACTOR, AND THE CONTRACTOR WILL BE INELIGIBLE TO BID UNTIL A PROPERLY COMPLETED CONTRACTOR'S STATEMENT HAS BEEN FILED WITH the CITY OF LA PORTE, If there is nothing to report in certain items or schedules, then make the notation "None" e and must ed, books and verifi s as taken from company' tern must be actual i The amount as shown for each not be "approximate" amounts WHICH STRICTLY CONFIRMS TO THE PLANS AND A CONTRACTOR SUBMITTING A BID ON OWNER'S WORK SHALL ENTER A BID SPECIFICATIONS OF THE PROJECT AS ISSUED BY THE PROJECT'S ENGINEER(S). CONTRACTORS ENTERING BIDS ON OWNER'S WORK SHALL NOT SUBCONTRACT MORE THAN 50% OF WORK ON THE PROJECT, WITHOUT FIRST OBTAINING THE EXPRESS WRITTEN CONSENT OF THE CITY OF LA PORTE. ng to bid on owner's work must attend a No plans and specifications shall be All contractors (or a representative of the contractor) desiri pre-bid conference; otherwise, their bid will be returned unopened. issued by the engineer(s) after the pre-bid conference Page 2 Update Annua 1 s Statement, Contractor' INSTRUCTIONS Please answer in comolete detail all uestions in the Contractor's Statement Annual Update This applies particularly to dates when contracts are expected to be completed. If there is not sufficient space in the Contractor's Statement, the use of attached schedules to support the detailed information requested in the Contractor's Statement will be satisfactory. When attaching the schedules, please furnish detailed address when they are requested in the Contractor's Statement. Because this is an annual update, emphasis shall be placed on activity occurring since you last submitted for pre-qualification. e ALL organizations are required to submit a complete set of financial statements (balance sheet, income statement, and accompanying notes to the financial statements). The most recent set of audited financial statements are preferred. If audited financial statements are not available, please contact the Director of Finance, City of La Porte, to determine what information will be acceptable. As outlined in Ordinance 1476-B, the information contained in the financial statements will be held in confidence and will only be used by the City of La Porte and its advisors in analysis of the Contractor's Statement. e Contractor's Statement Annual Update Page 3 EQUIPMENT AND EXPERIENCE STATEMENT e (dates ast submitted a Contractor s details as to prior work experience and their address structure of your organIzation that might have occurred sInce you organization. For new members, provide (partner, job title, stockholder, etc.) CONTRACTORS owners, partners or officers of the ), relationship in the organization n the organizational TO BE COMPLETED BY All of etc Describe any changes company worked for Describe any changes Statement. 1 2. st Average Age pment SubmissIon of an equ of units Num ast Contractor s Statements pment Description of Equi submissIon of the Average Age sInce the have occurred of units List any major equipment additions that is acceptable Num pment Description of Equi 3. e Phone Number of Bank Officer with whom you transacted business Name ast year n banks that have occurred durIng the ed Address Deta List any changes of Bank Name 4. pment or equi s al mater zation purchases your organi f rom whom ers major suppl n Describe any changes 5. n Payment and Performance Bond relationships Page 4 Update any changes Annua 1 n complete deta s Statement Describe Contractor' 6. e e EQUIPMENT AND EXPERIENCE STATEMENT TO BE COMPLETED BY ALL CONTRACTORS, Continued 7. List ALL completed projects of construction costs greater than $200,000 that your organization has completed sInce your last submissIons - 1. 2. Name of project - Construction cost - Type of work - Completion dates (Scheduled/Actual) - Location (City, County and State) - Name of project engineer - Address of project engineer - Name of owner - Address of owner - Phone # of project engineer & owner ...L- ) If you were a sub-contractor, list name of contractor - - 3. 4. Name of project - Construction cost - Type of work - Completion dates (Scheduled/Actual) - Location (City, County and State) - Name of project engineer - Address of project engineer - Name of owner - Address of owner - Phone # of project engineer & owner -L- ) If you were a sub-contractor, list name of contractor - Contractor's Statement Annual Update Page 5 e - EQUIPMENT AND EXPERIENCE STATEMENT TO BE COMPLETED BY ALL CONTRACTORS, Continued List of comoleted projects, continued - 5. 6. Name of project - Construction cost - Type of work - Completion dates (Scheduled/Actual) - Location (City, County and State) - Name of project engineer - Address of project engineer - Name of owner - Address of owner - Phone I of project engineer & owner -L- ) If you were a sub-contractor, list name of contractor - - 7. 8. Name of project - Construction cost - Type of work - Completion dates (Scheduled/Actual) - Location (City, County and State) - Name of project engineer - Address of project engineer - Name of owner - Address of owner - Phone I of project engineer & owner -L- ) If you were a sub-contractor, list name of contractor - Contractor's Statement Annual Update Page 6 - e EQUIPMENT AND EXPERIENCE STATEMENT TO BE COMPLETED BY ALL CONTRACTORS, Continued 8. List major construction projects your organization currently has in process. - l. 2. Name of project - Construction cost - Type of work - Scheduled completion date - Location (City, County and State) - Name of project engineer - Address of project engineer - Name of owner - Address of owner - Phone # of project engineer & owner ---L- ) .If you are a sub-contractor, list name of contractor - - 3. 4. Name of project - Construction cost - Type of work - Completion dates (Scheduled/Actual) - Location (City, County and State) - Name of project engineer - Address of project engineer - Name of owner - Address of owner - Phone # of project engineer & owner ~ ) If you are a sub-contractor, list name of contractor - Contractor's Statement Annual Update Page 7 e e EQUIPMENT AND EXPERIENCE STATEMENT TO BE COMPLETED BY ALL CONTRACTORS, Continued List of current projects, continued - 5. 6. Name of project - Construction cost - Type of work - Scheduled completion date - Location (City, County and State) - Name of project engineer - Address of project engineer - Name of owner - Address of owner - Phone # of project engineer & owner ...L-J ) If you are a sub-contractor, list name of contractor - - 7, 8. Name of project - Construction cost - Type of work - Completion dates (Scheduled/Actual) - Location (City, County and State) - Name of project engineer - Address of project engineer - Name of owner - Address of owner - Phone # of project engineer & owner -L-.; ) If you are a sub-contractor, list name of contractor - Contractor's Statement Annual Update Page 8 AUTHORIZATION FOR VERIFICATION AND AFFIDAVIT STATE OF ncluding any financial statements or any other statements attached the date herein first given; that this statement is for the express contract, and the accountant who prepared the balance sheet accompanying is hereby authorized to supply such party with any information, while thi COUNTY OF The undersigned hereby declares that the accompanying Contractor's Statements, hereto, is a true statement of the current condition of the organization, as of purpose of inducing the party to whom it is submitted to award the submitter a this report as well as any depository, vendor or any other agency herein named statement is in force, necessary to verify said statement s - a and serv1ng 1n the capacity of that the foregoing financial statements, taken from the books of said organization, is true and accurate statement of the financ1al condition of said firm as of the date thereof and that the answers to the interrogatories contained therein are true and that the statements and answers to the interrogatories of the foregoing equipment questionnaire are correct and true as of the date of this affidavit; and, that the statements and answers to the interrogatories of the foregoing experience questionnaire are correct and true as of the date of this affidavit. If we have submitted consolidated financial statements for the determination of our financial condition, it is understood that the contract will be made with the parent or holding company member of the organ1zation of s a deposes and says that he sworn y bei ng dul Organization Name officers or partners must slgn) (All Name Title e me before of office and fy which witness my hand and seal to cert 19_ day of the s on thi SUBSCRIBED AND SWORN to by the underslgned authority n and for The State of Texas c Notary Publ of Notary sSlon explres Prlnted Name My conmi Page 9 Update Annua 1 Contractor'S Statement e e REQUEST FOR CITY COUNCIL AGENDA ITEM AGENDA DATE REQUESTED July 22. 1991 REQUESTED BY Jeff Litchfield DEPARTMENT Director of Finance REPORT RESOLUTION xx ORDINANCE EXHIBITS: Ordinance SUMMARY AND RECOMMENDATION In today's working environment, it is imperative that the City take certain steps to protects itself when dealing with other businesses. One method of providing protection is in the area of Corporate Sureties. While not fail-safe, the providing of Sureties does provide a certain comfort when dealing with contractors. The attached Ordinance establishes the qualifications for Corporate Sureties and the criteria for requirement of Performance and Payment Bonds. A performance bond covers the term of the contracts and provides for relief, either in the completion of the project or monetary damages, if the contractor fails to perform as required in the contract. A payment bond covers the area of contractor payments to his debtors. If a contractor fails to pay his suppliers or sub-contractors, the payment bond assures that such payments will be made thereby lessening the liability of the City of La Porte for work performed or materials supplied by others. In the proposed Ordinance, we have established the guidelines that have to be met by the Surety and that the performance and payment bonds are to remain in effect for one year after completion of the project. ACTION REQUIRED BY COUNCIL: Approve or Disapprove the passage of the Ordinance. AVAILABILITY OF FUNDS: GENERAL FUND UTILITY FUND OTHER ACCOUNT NUMBER: N/A FUNDS AVAILABLE: YES NO APPROVED FOR CITY COUNCIL AGENDA ~A R~ HERRERA C AGER ?11.f'l' DATE e e ORDINANCE NO. AN ORDINANCE ESTABLISHING QUALIFICATIONS FOR CORPORATE SURETIES ISSUING PERFORMANCE AND PAYMENT BONDS TO THE CITY OF LA PORTE FOR PUBLIC WORKS PROJECTS; ESTABLISHING CRITERIA FOR REQUIREMENT OF PERFORMANCE AND PAYMENT BONDS; 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. Corporate sureties issuing performance and payment bonds payable to the City of La Porte on public works projects shall meet all of the following criteria: a. The surety company must be authorized to do business in the State of Texas, which authorization must be recorded in the files of the Texas State Board of Insurance; b. The surety company must be an approved surety company listed in the current United States Department of Treasury list of approved corporate sureties for performance and payment bonds for federal jobs, including specifically the rules related to the underwriting limitation; c. The surety company must be authorized to issue payment and performance bonds in the amount required for the Contract, which authorization must be recorded in the files of the Texas State Board of Insurance; d. The person executing the Payment and Performance Bonds must be a licensed Texas local recording agent and such licensing must be recorded in the files of the Texas State Board of Insurance; and e. The person executing the Payment and Performance Bonds must be authorized by the surety company to execute performance and payment bonds on behalf of the company in the amount required for the Contract and such authorization must be recorded in the files of the Texas State Board of Insurance. e e f. Failure to meet the criteria for acceptability of surety company issuing Payment and Performance Bonds will result in disqualification of the bid. g. The Payment and Performance Bonds shall remain in effect at least one year beyond final acceptance of work under the Contract by the Owner. Section 2. Performance and payment bonds shall not be required on public works contracts for $25,000.00 or less. Performance and payment bonds for public works contracts in excess of $25,000.00, but for less than $100,000.00, may be waived, at the discretion of City Council, upon written recommendation from the City Manager or his designee. Performance and payment bonds shall be required on all public works contracts for $100,000.00 or more. Section 3. 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 p"ace convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, for contracts awarded and bonds submitted to the City of La Porte for approval, from and after the date of passage hereof. e e Section 4. This ordinance shall be in effect from and after its passage and approval. PASSED and APPROVED this the 22nd day of July, 1991. ATTEST: City Secretary APbZ~d City Attorney By City of La Porte Norman Malone, Mayor e e ORDINANCE NO. 915-FF AN ORDINANCE GRANTING A PERMIT UNDER SECTION l8-a-3 OF ORDINANCE NO. 915, "PIPELINE TRANSPORTATION," BEING CHAPTER l8-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 HYDROGEN; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAPORTE: Section 1. The City Council of the City of La Porte has received an application dated June 20, 1991, from DIAMOND SHAMROCK REFINING AND MARKETING COMPANY, requesting a permit under Section 18-A-3 of Ordinance 915, being Chapter l8-A of the Code of Ordinances of the City of La Porte, to construct and operate its 8- 5/8 inch pipe line for the transportation of propylene, crossing the City of La Porte, all as shown on said application. The application of DIAMOND SHAMROCK REFINING AND MARKETING COMPANY has been reviewed by the City's Director of Public Works, who has found that said application meets all requirements of said Ordinance No. 915, and has recommended its approval. Section 2. The City Council of the City of La Porte hereby approves the applicaton of DIAMOND SHAMROCK REFINING AND MARKETING COMPANY, dated June 20, 1991, and this Ordinance shall constitute a permit to DIAMOND SHAMROCK REFINING AND MARKETING COMPANY to operate said pipe line within the City of La Porte, all in conformance with the requirements of said Ordinance No. 915. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. I PASSED AND APPROVED, this the 22nd day of July, 1991. CITY OF LA PORTE BY Norman L. Malone, Mayor ATTEST: Cherie Black, City Secretary ~d~ Knox W. Askins, City Attorney e tr Ie Eagleton Engineering L Company e June 20, 1991 PO Box 37009 Houston, Texas 77237-7009 (713) 240-0700 Telex 76-2913 To The Mayor and City Council City of la Porte P. O. Box 1115 la Porte, Texas 77572-1115 Attention: Pipeline Franchise Gentlemen: Enclosed please find the following, in regard to an application for a pipeline franchise: A.) Official la Porte street map showing route (two copies) B.) Proposed propylene route map (four copies) C.) A letter requesting an ordinance be passed (four copies) D.) A check for five hundred dollars ($500) payable to the City of la Porte E.) Drawings (four each) DSA-BK-8314 DSA-BK-8318 DSA-BK-8319 DSA-BK-8312 DSA-BK-8320 DSA-BK-8322 DSA-BK-8317 North "P" Street North "H" Street North "D" Street Old la Porte Road Spencer Hwy. Fairmont Park North "l" Street The check is in consideration of the three hundred dollars ($300) initial installation fee and the first annual fee of two hundred dollars ($200). We hereby request that you grant the franchi se necessary to construct the pipeline as described herein. Eagleton Engineering Company's request is being made on behalf of Diamond Shamrock Refining and Marketing Company. Their corporate address is: P. O. Box 696000, San Antonio, Texas, 78269-6000. The pipeline will be owned and operated by Diamond Shamrock. Our schedule calls for construction to begin on or about September 15, 1991. e To The Mayor and City Council June 20, 1991 Page 2 Please advise if you need further information. Sincerely, EAGLET~NG COMPANY J. ) Aikins JEA/drl Enclosures e e , J!c Eagleton Engineering L Company e PO Box 37009 Houston, Texas 77237.7009 (713) 240-0700 Telex: 76-2913 June 20, 1991 The City of La Porte P. O. Box 1115 La Porte, Texas 77572-1115 Attention: Mr. Mayor and City Council RE: Pipeline Franchise Gentlemen: We hereby request that an ordinance be passed granting a franchise to construct, own, and operate a pipeline as more fully described below: Owner/Operator: Diamond Shamrock Refining and Marketing Company P. o. Box 696000 San Antonio, Texas 78269-6000 24-hour Emergency Telephone No. (713) 576-2425 Commodity Transported: Propylene Maximum Pressure: 1,440 psig Maximum Temperature: 1100F Pipe Description: 8-5/8" 0.0. x 0.250" W.t. Grade 5LX52 This request is made on Diamond Shamrock's behalf by Eagleton Engineering Company. Your cooperation in this matter is greatly appreciated. Sincerely, EAGLETON ENGINEERING COMPANY ~.rt2t- J. EOAikins JEA/drl .,.-'.;:hC <;. \\{::' '.,.~,.,' . .r - , ",,' I o U N I · · · · ~. i~;'i:~:4:1l~;.;:.~./ ...~:.L ,_'~~,~"2:'? .;0 ~;n)C;:: '. '.. ~ c. ',' 'I ~'~."':'~s::: '-'. '~'''';X:,','''>~:';'''::l":; T Y - - U N C 0 ~ ~ ~ J 4 '1 > DIAMON 0 SHAM ROCK ..,. I REFINING a MARKETING co, ' Jl~" gl VICINITY MAP TTTUt WI PERMIT APPLICATION EEa eton, PROPOSED 8-INCH PROPYLENE PIPELINE NUM.~" 1 ngmeenng AN K - j Company FINA TO BAY~ -- EHG" A"~. ~.,1 -.. HARRIS COUNTY. .....: --_.- 'CAL' I lI'''OJ€CT "<10 I DRAWING "'u"".I:" ---..,-..- "'OJ"G"A~~O 0." CL,,~TA~~O, OA" 1"=2M!. DS-012 [)SB-BK-8300 - - I E,,_1 ~ -r I- J T~ I~~ - ~ Z -----:L[ I - RE4ItEST FOR CITY COUNCIL AGEND~ITEH Agenda Date Requested: Requested By: K. Askins July 22. 1991 Department: Leaa1 Report Exhibits: Ordinance 1785 Resolution x Ordinance SUMMARY , RECOMMENDATION At the July 8, 1991 city council meeting, council approved a renewal agreement with Harris county for fire protection services in unincorporated areas of Harris County Zone 34. During the City's processing of this agreement, it was noted that the approval needed to be by passage of an ordinance. The attached ordinance fulfills the terms of the aggrement. Action Required by Council: Adopt Ordinance 1785 Availability of Funds: N/A General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: Funds Available: YES NO A Council A enda rf,ly DA E I T. Herrera Manager ":e e ,. , Agreement :tJ:4 A G R E E MEN T THE STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ THIS AGREEMENT, made and entered into by and between HARRIS COUNTY, a body corporate and politic under the laws of the State of Texas, hereinafter sometimes called "County," acting herein by and through its County Judge duly authorized to so act by an Order of the Harris County Conunissioners court, and the City of LaPORTE a municipal corporation duly organized and existing under the laws of the State of Texas, hereinafter sometimes called "City," acting herein by and through its Mayor duly authorized to so act by an Ordinance duly passed by the City. WIT N E SSE T H: WHEREAS, Harris County desires to provide fire fighting and fire protection services to certain unincorporated areas of Harris County hereinafter designated to preserve the property of the County and to preserve and protect the pUblic health of the citizens of the County; and WHEREAS, the City is willing to furnish fire fighting and fire protection services to said unincorporated areas of Harris County for the considerations hereinafter provided; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in consideration of the mutual covenants, agreements and benefits to both parties, it is AGREED as follows: I. During the term of this agreement, the City agrees to furnish fire fighting and fire department protection services to the uIlincorporatedareas . adjoining the corporate limits of this City designated by Zone Number 34 on the official fire protection zone map of Harris county, to which reference is here made. II. Harris county agrees to pay the sum of $ 7,345 to the City for fire fighting and fire protection services to the unincorporated area of Harris County designated in Paragraph I of this agreement. The county agrees that said sum is to be paid to the City within thirty (30) days after the execution of this contract. ,e e , \ , III. The term of this agreement shall be one (1) year beginning January 1 , 19~, and ending December 31 , 19~ IV. It is hereby agreed and understood that the fire fighting and fire protection services to be furnished by the City under this agreement shall include, but not be limited to, the following: Answering all calls for help and assistance in extinguishing fires in the area designated in Paragraph I of this agreement; furnishing fire fighting personnel, equipment and supplies to fight all fires within the said area; and answering all calls and furnishing fire fighting personnel, equipment and supplies to protect persons and property wi thin the said area which are endangered by fires in adjacent areas; provided that the above described personnel, equipment and supplies are not otherwise engaged in fire fighting within the City. V. The City shall observe and comply with all Federal, State, County and city laws, rules, ordinances and regulations in any manner affecting the conduct of the services herein provided and performance of all obligations undertaken by this agreement. VI. It is expressly understood that the County has the maximum sum of $ 7,345 specifically allocated to fully discharge its Obligations under this agreement and it is expressly understood that in no event shall the County be obligated to pay the City more than the sum of $ 7,345 under the terms and provisions of the agreement. VII. It is further agreed that in the performance of all obligations undertaken by this agreement, the City has the right to supervise, manage, control and direct the performance of fire fighting and fire protection services; the County shall look to the Ci ty for results only and the County shall have no right at any time to direct or supervise the City or its agents or employees in the performance of such services or as to the manner, means or method in which the services are performed. -2- e e , VIII. The city agrees to deliver to the Fire Marshal of Harris County a certified copy of the Ordinance authorizing the City to enter this Agreement wi thin five (5) days after the execution of this agreement. IX. The City agrees to furnish the Fire Marshal of Harris County, not later than the fifth (5th) day of each month, a monthly report listing the total number of runs made into the area of Harris county designated in Paragraph I of this agreement for the pr.evious month and such other information relating to fire fighting and fire prevention services of the City as may be requested by the Fire Marshal of Harris county. Said report shall be made on the form provided by the Harris county Fire Marshal and shall be signed and certified by an officer of the City. X. In the event the parties hereto shall hold over and carry forward the services herein provided for after the expiration of this agreement without a written renewal thereof, such holding over shall not be deemed to operate as a renewal or extension of this agreement but shall only create an agreement from day to day at a daily rate of N/A , which may be terminated at any time by either the county or the City. EXECUT~D this the JtJv day Of~V d , 19~. ATTEST: CITY OF LaPORTE 1!Ju~. t/d-- Secretary By 1d7J741t;(Jn~~ May HARRI S COUNTY By JON LINDSAY, County Judge -3- e APPROVED AS TO FORM: MIKE DRISCOLL County Attorney LARRY W. HAYS Assistant county Attorney I hereby certify that funds are available in the amount of $ 7,345 to pay the obligation of Harris county , under and within the foregoing contract. J. F. FLACK County Auditor Harris county, Texas -4- e # . e . , ORDER AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN HARRIS COUNTY AND CITY OF LaPORTE THE STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ day of 19 91 the On this the Commissioners Court of Harris County, Texas, being duly convened at a regular meeting of the Court, upon motion of Commissioner seconded by Commissioner duly put and carried, It is ORDERED that County Judge Jon Lindsay be, and he is hereby authorized to execute an agreement to provide fire fighting and fire protection services between Harris County and the City of LaPORTE , said Agreement being incorporated herein by reference for all purposes as though fully set forth word for word. - e REQUEST FOR CITY COUNCIL AGENDA ITEM ----------------------------------------------------------------- ----------------------------------------------------------------- Agenda Date Requested: Ju1 Requested By: Joel Department:Comm. Develop. x Report Resolution Ordinance Exhibits: 1. Bid Tabulation 2. Recommendation from Architect 3. Bid Alternates 4. statement of Recreation Center Construction Fund 5. Rick Ho11lington Letter Concerning Construction History ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY & RECOMMENDATION On July 11, 1991 the City opened bids for the La Porte Recreation Center, which will house the new Senior citizen Center, the Parks and Recreation offices, and a We11ness Center for our City. The bid request included seven (7) alternates as shown on Exhibit 3. The city received six (6) bids ranging from $2,155,000.00 to $1,976,426.00 for the base bid. Excluding the high bid, the remaining bids were within 4.5% of one another. After reviewing the alternates for value received, staff recommends the acceptance of Al ternate 1B, the roof replacement for the existing structure with a galvanized finish; Alternate 2, the addition of batt insulation which will pay for itself in three (3) years in utility savings; and Alternate 3, the skylights for the gymnasium. These three (3) alternates have a positive value to the maintenance and operation of the facility. The skylights offer a long range payback at $2,100.00 per year savings in utility expenses and provide a quality product to the building. The early completion bonus was eliminated because discussion with the bidders and the architect revealed that the facility should be completed within ten (10) months and therefore the bonus would not have a positive value over the estimated revenue gained during the same time span. Alternates 4 and 5, the interlocking tile and brick replacement, were eliminated because they had a negative financial impact. Since the first discussions with Council on the Center, the scope of the facility has changed by adding a canopy, a new roof to the existing structure, additional insulation, asbestos abatement, replacement of the heating and air conditioning equipment, additional parking on "M" street and utility relocation expense. These additions to the scope of the project all added to the cost for the completed facility. Staff then reviewed the Recreation Center Construction Fund to balance the budget. Alternate 3 was eliminated and a contingency of 4% remained. Staff recommends accepting the low bid from Marcos Thomas & Co. as follows: Base Bid Alternate 1B (Roof) Alternate 2 (Batt Insulation) Construction Funds contingency (4%) $1,976,426.00 36,400.00 15.658.00 2,028,484.00 89.888.00 $2,118,372.00 e . Mr. Hollington provided staff a letter, attached, reflecting his recent history of construction costs exceeding the bid amount. The last four (4) major projects he completed, ranging in value from $930,000.00 to $7,000,000.00, were completed with a 1% or less contingency fund. Action Required by Council: Approve low bid of Marcos Thomas & Co. including alternate bids 1B and 2 for the construction of the Recreation Center in the amount of $2,028,484.00. A contingency fund in the amount of $89,888.00 or 4% is included for a total of $2,118,372.00. ----------------------------------------------------------------- ----------------------------------------------------------------- Availability of Funds: x General Fund Capital Improvements Other Water/Wastewater General Revenue Sharing Account No.:1990 G.O. Bond Funds Funds Available: -X- Yes No ----------------------------------------------------------------- ----------------------------------------------------------------- Approved for City Council Agenda G~T.~ Robert T. Herrera City Manager -d \~ tc\( Date ----------------------------------------------------------------- ----------------------------------------------------------------- e n.trr SUB 1.& lA 18 2 ~ 4, 5 ~ 'PIlT("'RIl:: llc:t' A-TEe - . &: Contractors y $2,155,000 $58.784 $47,834 $19,730 $33,603 $12,505 $ 8,000 $15.000 y y Brookllfnn~ - . on y $2,025,oon $38,170 $28,310 $15.820 $38,000 $ 8,000 $ 8,500 ($6,100) y y JHarron Construction {"~- Ine. y $1,986,700 $40,000 $30,000 $16,000 $16,000 $13.800 $ 8,000 $10,000 y y "- . Marcus Thnmas &: Co. Int". y $1,976,426 $46,200 $36,400 $15,658 $35.500 $ 7,546 $10.200 $20,000 y y Moore &: Moore Gen. Contrs. Ine. y $2..065,323 $38.946 $28,508 $15 ,559 $36,659 $ 7,765 $ 8,900 $18,200 X X Ruskin Cornnration y $2,066,165 $51,802 $41,663 $16,203 $43,077 $ 7,803 $ 8.503 NC y Y - .- iii J: X 1LI , CITY OF LA PORIB RECREATION CENTER R&:HA Project 19061 BID TABULATION Bid Date: July 11, 1991 Bid Time: 4(1)0 PM JUL-16-91 TUE 9:59 RAY ASSOCXATES P.B2 .. .. e e r-- RAY~Hlu.I. iihitects 12 July 1991 Mr. WnHam Manning City Engineer City of La Porte 604 West Fairmont Parkway La Porte, Texas 71571 Re: City of La Porte Recreation Center R&HA Project 19061 Dear Bill: I'" I have reviewed the bids which were received yesterday for the construction of the Recreation Center. All six of the prequalified general contractor:; who attended the mandatory pre-bid conference submitted bids (Re: attached bid tabulation). The low base bid of $1,976,426 was submitted by Marcus Thomas & Co., Inc. This amount compare& favorably to the most recent budget figure ot $1,930,743 ($1,921,998; 19 May 91 + $8,755; 9 July 91) - the variance being less than 2-1/2%. The bids were also very tightly grouped with the high and low nu.mbers being within 5% of the average. The two low bidders, Marcus Thomas &: Co., Inc and Harrop Construction Co., Inc. are within $10,000 of each other on the base bid. Acceptance 01 alternate bids 1B, 2, 3 reduces'that difference to less than $5,000. (See summary below.) :Bidder Base Alt. 1B Alt. 2 Alt. 3 Total Marcus Thomas $1,976,426 Harrop $1,986,700 $36,400 $15,658 $'35,500 $2,063,984 $30,000 $16,000 $36,000 $2,068700 Variance $10,274 ($6,400) $342 . $500" $4,716 " RtI,)'d:llollinpm~", . 2472 Bo14Dw SuusSi1 . Hocmm. ~ 17005' Tt*phone 7l3IG!A4.6J.31 EXHIBIT "2" JUL-16-91 TUE 1a:aa RAV ASSOCXATES p.a<3 , II> e e I""'- The remaining alternate under consideration is #6 - Early Completion. Should the City determine that Harrop's alternate bid in the amount of $10,000 provides adequate value, Harrop becomes the low bidder at $2,078,700 (vs. $2,083,984 for Marcus Thomas with same alternates). In a situation such as this with all bidders having been prequaUfied, the dedslon regarding low bidder comes down to numbers and In thts case value received for alternates. Thus the recommendation is fairly straight forward: A. Low ~id with Alt. lB.: Harrop Construction Co., Inc. 2.3. &: 6 . $2,078,700. (15 May 92 completion) B. Low bid with Alt.JBl 2 &; ~ 9nJX Marcus Thomas &: Co., Inc. . $2,063,984 (15 July 92 completion) The premium lor early completion is the resulting difference of $14,716. The City must decide whether this can be Justified for potentially receiving the building two months earlier. ,-... Sincerely, tf.1~~ Richard P. Hollington n, AlA RPH:lns '" e e LA PORTE RECREATION CENTER BID ALTERNATES IA New Roof for Existing Structure with a Painted Surface IB. New Roof for Existing Structure with a Galvanized Finish 2. Batt Insulation for Existing Structure 3. Skylights over Gymnasium 4. Interlocking Tile for Gymnasium 5. Different Brick for Front of Structure 6. Early Completion Bonus EXHIBIT "3" It . STATEMENT OF FINANCIAL CONDITION RECREATION CENTER CONSTRUCTION FUND BASED ON ACTIVITY THROUGH JUNE 30, 1991 AND PROJECTIONS TO COMPLETE PROJECT ACTUAL PROJECTED TOTAL ORIGINAL THROUGH 7-91 THRU PROJECT BUDGET 6-30-91 COMPLETION ESTIMATE REVENUES: SALE OF BONDS 1,500,000 1,485,557 0 1,485,557 TRANSFER FROM CIP FUND 015 698,645 523,983 174,662 698,645 TRANSFER FROM CIP FUND 011 175,000 131,250 43,750 175,000 INTEREST INCOME 85.000 95.944 77.000 172.944 TOTAL REVENUES 2,458,645 2,236,734 295,412 2,532,146 EXPENSES: STUDY AND REPORT PHASE 15,200 11,400 3,800 15,200 ADDITIONAL SERVICE 6,000 3,032 1,188 4,220 REIMBURSABLE EXPENSES 4,000 761 3,218 3,979 SPECIAL SERVICES (GEOTECH) 3,000 0 3,000 3,000 PRELIMINARY DESIGN PHASE 30,400 30,400 0 30,400 SURVEYING 3,000 2,090 910 3,000 FINAL DESIGN PHASE 60,800 21,280 39,520 60,800 BIDDING/NEGOTIATION 7,600 0 7,600 7,600 CONSTRUCTION PHASE 30,400 30,420 0 30,420 MATERIALS TESTING LAB 7,000 0 8,780 8,780 OPER PHASE SERVICES 7,600 0 7,600 7,600 LEGAL FOR 400'S 125 0 125 125 PRE-QUALIFICATION AD 500 518 0 518 PRE-QUALIFICATION FINANCIAL 1,000 610 0 610 NOTICE TO BIDDERS 500 0 582 582 CONSTRUCTION CONTRACT 1,862,000 0 2,028,484 2,028,484 ASBESTOS REMOVAL 25,000 13,352 0 13,352 LEGAL FOR 500'S 250 0 250 250 UTILITY RELOCATION 10,000 1,051 2,000 3,051 CAPITAL PURCHASES 180,630 0 180,630 180,630 FRANCHISE UTIL ADV 10,000 0 11 , 000 11,000 LAND 0 1,580 0 1,580 LEGAL FOR 800'S 375 76 299 375 BOND ADMINISTRATION 0 8,702 2,000 10,702 LANDSCAPING 0 0 10,000 10,000 OFF-SITE DRAINAGE 0 0 6,000 6,000 CONTINGENCY (4% OF EST COST) 193.265 0 89.888 89.888 TOTAL EXPENSES 2,458,645 125,272 2,406,874 2,532,146 DIFFERENCE OF REVENUES VS EXPENSES 0 EXHIBIT "4" JUL-17-91 WED 16:37 RAY ASSOCXATES - e RAY~'ll!t t., ghitects 17 July 1991 r Mr. Joel Abrecht Director of Community Development Oty of La Porte 604 West Fainnont Parkway" La Porte, Texas 77571 Re: Recreation Center R&:HA #9061 Dear :Mr. Albrecht: I ~ writing this letter in response to our phone conversations today regarding the analy~i8 of the bids and recommendation to City COWlcil on the Recreation 'Center project. My understanding is that the staff would Uke to accept the following alternate bids: #lB . New roof at exis~g building f#:2 . 6" bCltt insulation a~ existing roof ##3 . Gym ~ylights + $36,400 + $15,658 + $35,500 Total + $87;558 However, the above alternates combined with the scope additions during development of the project makes it impossible to carry a five percent contingency into construction. Personally, I would be comfortable with a three percent contingency at this point. Based on our project experience and history this amount should be sufficient. For your information I am outlining below data regarding our most recently completed projectt;: Project Drig. Contract $ Chanse Order S % Chanle Conroe Elementary $7,000,000 $46,000 0.7% Schools Will1am, Trace $1,136,000 ' $12,000" 1.0% Baptist Church .Includes $6,000 of additional shelving added by Owner. Ra:r&110111n6'1.1Jr1...i~rx;18 .3411 Dol8QVQf' SutIB357. HtmSfCNI. lb.UI 77001i' Te1.cJIha"" 7/,'JI"'-::'I"r;}.'I' EXHIBIT "5" P.82 JUL-17-91 WED 16:37 RAY ASSOCXATES e . First Colony Church of Christ $930,000 0.1% $1,200 West Houston Church of Christ $1,7Z9~765 $7,975 0.5% Apparently this experience does not correspond with that of the City however, and the five percent contingency requirement is well established. One poSSibility worth considering Ie to enter into a contract accepting Alternate Bids 16 and 2 with an option to accept Alternate 3. Marcus Thomas and Company, Inc., the low bidder, has indIcated that they would be willing to extend this option for a period of 3 month5 from the commencement of the project. At that point the foundations and slab should be <:omplete, the steel shop drawings complete, and construction process well enough developed that many of the possible unknowns will have been addressed or wlll be past. If the contingency amount Is still fairly intact, the decision to accept the skylight alternate could be made with a higher level of comfort at that time. Let me know if this approach seems feasible or it any other information is required at this time. Sincerely, f.'f.~~ Richard P. Hollington D, AlA RPH:lns P.03 ... e - REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: JULY 22. 1991 Requested By: STAN SHERWOOD Department: PARKS & REC. x Report Resolution Ordinance Exhibits: BID TABULATION FOR POOL CHEMICALS SUMMARY & RECOMMENDATION Sealed bids #0435 for liquid bleach (swimming pool chemical) were opened and read on July 8, 1991. Three bids were submitted with the lowest bid being provided by Hancock Pool Services. The bid ($.90 per gallon) is a 10% increase over last years bid ($.82 per gallon). Action Required by Council: Approval of Hancock Pool Services bid for liquid bleach in the amount of $.90 per gallon and a projected yearly total of $6,778.80 Availability of Funds: x General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: 001-800-800-207 Funds Available: -X- YES NO Approved for citv Council Aqenda t IS/1/ Date ( ~ e . CITY OF LA PORTE INTER-OFFICE MEMORANDUM JULY 8, 1991 TO: Stan Sherwood, Director of Parks & Recreation Susan KelleY~Uyer Sealed Bid #0435 - Pool Chemicals - Liquid Bleach FROM: SUBJECT: Advertised, sealed bids #0435 for liquid bleach were opened and read on July 8, 1991. Bid requests were mailed to five suppliers with three suppliers returning bids. Low bid was submitted by Hancock Pool Services. estimates, the total contract would be $6,778.80. increase over last year's bid. Using yearly This is a 10% 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. SK/hk Attachment: Bid Tabulation xc: Bert Clark, wi attachment .. . . .. . . CITY OF LA PORTE POOL CHEMICALS - LIQUID BLEACH BID NUMBER # 0435 QUANTITY DESCRIPTION I UNIT I EXTENSION I HANCOCK POOL SER. I I I 7,532 gal Liquid bleachl .90 I 6,778.80 I I I I I I I . . I PROGRESSIVE CHEM I I 7,532 gal Liquid bleachl .95 I 7,155.40 I I I I I I I I I I MID-CO CHEMICAL I I 7,532 gal Liquid bleachl .99 I 7,456.68 I I I I I I I I I