HomeMy WebLinkAbout1992-01-27 Public Hearing and Regular Meeting• •
MINUTES OF THE PUBLIC HEARING AND REGULAR MEETING
LA PORTE CITY COUNCIL
JANUARY 27, 1992
1. The meeting was called to order by Mayor Malone at 6:00 P.M.
Members of City Council Present: Mayor Norman Malone,
Councilpersons Guy Sutherland, Mike Cooper, Bob Thrower, Bob
McLaughlin, Alton Porter, Deotis Gay, B. Don Skelton, Jerry
Clarke
Members of City Council Absent: None
Members of City Staff Present: City Manager Bob Herrera, City
Attorney Knox Askins, City Secretary Cherie Black, Assistant
City Manager John Joerns, Police Chief Bobby Powell, Human
Resources/Purchasing Manager Louis Rigby, Chief Building
Official Ervin Griffith, Fire Chief Joe Sease, EMS Chief Chris
Osten, Lt. Carl Crisp, Police Officer Mike Wood, Golf Course
Superintendent Dennis Hvalaty
Others Present: Boy Scouts Art Blankenship, Chris Vanderblis
and Ryan Gutierrez; Herb McElveen; Dorothy Bridge; Charlie
Young; John Black, Bayshore Sun; 12 citizens
2. The invocation was given by Councilperson McLaughlin.
3. Council considered approving the minutes of the regular
meeting of Council held January 13, 1992.
Motion was made by Councilperson Skelton to approve the
minutes of January 13 as presented. Second by Councilperson
McLaughlin. The motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter, Gay, Skelton, Clarke and Mayor
Malone
Nays: None
4. Mayor Malone read a proclamation honoring Police Officer Mike
Wood, who was named Officer of the Year at the 100 Club
banquet.
5. The following citizens addressed Council: Mrs. Dorothy
Bridge, regarding La Porte's ambulance service; Charlie Young,
regarding proposed double driveways in planned subdivision
near his home.
6. Mayor Malone called the public hearing to order on the request
of H. McElveen for a special conditional use permit to allow
development of a boat and R.V. storage facility.
• •
Minutes, Public Hearing and Regular Meeting
La Porte City Council
January 27, 1992, Page 2
Building Official Ervin Griffith reviewed the request. Mr.
McElveen spoke in favor of the request, stating that if it
were approved, landscaping would begin within 30 days.
Council was concerned with the fact that landscaping could not
be done on rights-of-way, and that there was cement up to the
right-of-way involved.
The Mayor asked for public input. There being none, the
public hearing was closed at 6:33 P.M.
7. Council considered an ordinance approving and authorizing a
rail easement and agreement between the City of La Porte and
NBL, Inc.
The City Attorney called Council's attention to maps of the
proposed easement, and explained them in detail.
The City Attorney read: ORDINANCE 1806 - AN ORDINANCE
APPROVING AND AUTHORIZING A RAIL EASEMENT AND AGREEMENT FOR
USE AND MAINTENANCE BETWEEN THE CITY OF LA PORTE AND NBL,
INC.; 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 Councilperson Skelton to adopt Ordinance
1806 as read by the City Attorney. Second by Councilperson
Gay. The motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter, Gay, Skelton, Clarke and Mayor
Malone
Nays: None
8. Council considered an Ordinance approving and authorizing a
contract between the City of La Porte and Sewell and Riggs,
Attorneys at Law.
This item was addressed subsequent to the Executive Session.
9. Council considered approving the request of H. McElveen for
a Special Conditional Use Permit (SCU91001).
Motion was made by Councilperson McLaughlin to table this item
for further study and clarification. The motion died for lack
of a second.
• •
Minutes, Public Hearing and Regular Meeting
La Porte City Council
January 27, 1992, Page 3
Motion was made by Councilperson Cooper to approve the Special
Conditional Use Permit request. Second by Councilperson Gay.
Second by Councilperson Clarke.
Motion was made by Councilperson Skelton to amend the motion
to reflect that in the event the highway is widened, the
special conditional use would have to be reconsidered. Second
by Councilperson Thrower.
After discussion, consensus was that the City could not
approve landscaping to be done on County right-of-way.
Councilperson Skelton withdrew his amendment and Councilperson
Thrower withdrew his second.
Motion was made by Councilperson Porter to table this item.
Second by Councilperson Clarke. The motion carried, 9 ayes
and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter, Gay, Skelton, Clarke and Mayor
Malone
Nays: None
10. Council considered instructing the Director of Finance to
amend the EMS Capital outlay budget.
Motion was made by Councilperson Clarke to instruct the
Director of Finance to amend the EMS capital outlay budget by
Si,iOO, which represents the amount donated for EMS
improvements by Axzo Chemical and FMC Corporation. Second by
Councilperson Thrower. The motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter, Gay, Skelton, Clarke and Mayor
Malone
Nays: None
11. Council considered awarding a bid for golf course equipment.
Motion was made by Councilperson Skelton to award a bid for
golf course equipment to Brookside Equipment Sales for the
greens mower. Second by Councilperson Cooper. The motion
carried, 9 ayes and 0 nays.
•
Minutes, Public Hearing and Regular Meeting
La Porte City Council
January 27, 1992, Page 4
Ayes: Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter, Gay, Skelton, Clarke and Mayor
Malone
Nays: None
12. Workshop Item: Review proposed ordinance regulating garage
sales.
Building Official Ervin Griffith briefly outlined the
regulations in the ordinance.
Council discussed various aspects of the ordinance, i.e.,
number of sales to be allowed per year; sales held by
charitable organizations/non profit agencies, etc.
13. Administrative Reports - The City Manager announced that Chief
Powell had received a letter from County Judge Jon Lindsay
stating that a public hearing would be held on February 10,
1992, at 2:00 P.M. in the Commissioners Courtroom, in
reference to an application for a wine and beer retailers
permit for Lomax Grocery and Food. There will also be a
representative from staff at that meeting.
14. Council Action - Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone
brought items to Council's attention.
The Mayor asked Chief Powell to present City pins to the two
remaining Boy Scouts present.
15. Council adjourned into executive session at 7:54 P.M. to
address the following items: (A) Legal - Discuss contract
between the City of La Porte and Sewell and Riggs, Attorneys
at Law; (B) Land Acquisition - Receive report from the City
Manager and City Attorney regarding land acquisition. Council
returned to the table at 9:25 P.M. with no action having been
taken in executive session.
Council then addressed item 8, considering an ordinance
approving and authorizing a contract between the City of La
Porte and Sewell and Riggs, Attorneys at Law. This is
Ordinance 1807.
Motion was made by Councilperson Sutherland to adopt Ordinance
1807. Second by Councilperson Porter. The motion carried,
8 ayes and 0 nays (Councilperson Clarke had left the meeting
at 9:25).
Minutes, Public Hearing and Regular Meeting
La Porte City Council
January 27, 1992, Page 5
Ayes: Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter, Gay, Skelton and Mayor Malone
Nays: None
16. There being no further business to come before the Council,
the meeting was duly adjourned at 9:35 P.M.
Respectfully submitted:
C `~~~~
Cherie Black, City Secretary
Passed & Approved this the
10 day of February, 1992
.-
fit,(
N r~~ a one .Mayor
Office of the 1Vlayor
.~
~~
l~rretts
Police Officer Mike Wood has been a valued member
of the La .Porte Police Department since July 28, 1986;
and
WHEREAS, Mike has performed his duties professionally, diligently and
faithfully; and
WHEREAS, In February 1989, Mike was assigned to the Special Operations
Unit of the La Porte Police Department; and
WHEREAS, In October 1989, Mike was assigned to the Harris County
Organised Crime and Narcotics Task Force; and
WHEREAS, Mike's outstanding performance in the Task Force earned him the
Officer of the Year Award on January 16, 1992.
NOW, THEREFORE, I, NORMAN L. MALONE, MAYOR of the City
of La Porte, do hereby proclaim that the City of La Porte is very proud of the accomplishments
of Officer Mike Wood, and also proclaim that he is an asset to the La Porte Police Department
and the City of La Porte.
IN WITNESS WHEREOF, T have hereunto set my hand and caused the
Seal of the City to be affixed hereto, this the 27t1i day of January, 1992.
CITY OF LA PORTE
Norman L. Malone, Mayor
I • •
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: January 27, 1992
Requested By: Ervin Griffith Department: Inspection Dept.
x Report
Exhibits: 1)
2)
3)
4)
Resolution
Historical Outline
Transmittal Letter
Chairman
Staff Report
Special Conditional
Ordinance
From Planning and
Use Permit #SCU91-001
SUMMARY ~ RECOMMENDATION
Summary:
Zoning
The Planning and Zoning Commission at its November 21, 1991
Public Hearing and Regular Meeting, considered Special
Conditional Use Permit Request #SCU91-001. The purpose of the
request, submitted by Mr. Herb McElveen, is to allow development
of a boat and R. V. storage facility to be located at 10601 West
Fairmont Parkway.
Council is requested to conduct a public hearing for the
purpose of taking applicant and citizen imput regarding this
permit application. At the close of the hearing, Council will be
asked to vote to either approve or deny the requested permit
application.
Recommendation:
The Planning and Zoning Commission has recommended City
Council Approval of Special Conditional Use Permit SCU91-001.
Action Required by Council:
1) Conduct Public Hearing
2) At close of hearing, vote to approve or deny requested
permit.
Availability of Funds: N/A
General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other
Account Number: Funds Available: _ Yes _ No
Approved for City Council Agenda:
Robert T. Herrera Date
City Manager
• •
SPECIAL CONDITIONAL USE PERMIT REQUEST
SCU#91-001
HISTORICAL OUTLINE
I.
II.
III.
IV.
V.
VI.
August, 1991: After being notified that
unlicensed boat and R. V.
storage facility was
operating, Inspection Division
contacted Mr. Mc Elveen, the
owner, and advised him of City
requirements.
September 24, 1991: Mr. Mc Elveen submitted
Special Conditional Use
Application.
October, 1991: October Planning and Zoning
meeting was devoted to Public
Hearing for 1991 Annual Zoning
Ordinance Review. S. C. U.
request was deferred until
November meeting.
November 21, 1991: Planning and Zoning considered
S. C. U. request and
recommended City Council
Approval.
December 1991: Due to holiday season meeting
schedule, S. C. U. request was
deferred until January.
January 27, 1991: S. C. U. request submitted to
City Council.
January 3, 1992
~ CITY OF ~ PORTE
PHONE (713) 471.5020 • P. O Box 1115 • La PORT E. TEXAS 77571
Mayor Norman Malone and City Council
City of La Porte
RE: Special Conditional Use Permit Application SCU91-001
Dear Mayor Malone:
The Planning and Zoning Commission, on November 21, 1991,
considered Special Conditional Use Permit Request #SCU91-001.
This request was submitted by Mr. Herb McElveen, the owner of the
Storage Station which is located at 10601 West Fairmont Parkway.
The purpose of the requested permit is to allow Mr. McElveen to
develop a portion of this site as a boat and R. V. storage
facility.
After considering Mr. McElveen's request in Public Hearing,
the Commission voted to recommend City Council approval of Mr.
McElveen's request. The Commission has not recommended
imposition of any special conditions beyond those mandated by
Zoning Ordinance 1501.
Respectfully Submitted,
~~~t~~,9C~C~~~/
Inge Browder, Chairman,
La Porte Planning and Zoning
Commission
xc: Planning and Zoning Commission
Robert T. Herrera, City Manager
• •
SPECIAL CONDITIONAL USE PERMIT
$SCU91-001
Requested For:
Legal Description:
Zoning:
wne
Proposed Develotiment:
Background•
"The Storage Station" 10600
Fairmont Parkway
2.8573 acre tract out of Reserve E;
Fairmont Park East Section 1 (See
Exhibit A).
General Commercial (GC)
Mr. Herb Mc Elveen
Storage yard for boats and
recreational vehicles
The "Storage Station" is an existing "mini warehouse"
facility located at 10600 Fairmont Parkway. The west end of the
facility is occupied by a carwash which was closed some time ago.
Mr. Mc Elveen, the property owner and business proprietor is
proposing to convert the carwash to use as a storage facility for
boats and recreational vehicles.
Zoning Ordinance Section 6-400, Commercial Table A lists
this activity as "Outdoor Storage as a Primary or Accessory Use"
and designates it as "Conditional" in General Commercial Zones:
Thus the need for a Special Conditional Use Permit.
The following standards and requirements apply to outside
storage in General Commercial Zones.
Setbacks•
Twenty (20) feet front; 10 feet rear; 5 feet side (3ection
6-500, Commercial Table B).
• •
Page 2
Section 6-600 (Special Use Performance Standards).
1. The area is screened from view of neighboring
residential uses or an abutting residential district in
compliance with Section 6-600 (A).
2. Storage is screened from view from the public right-
of-way in compliance with Section 6-600(A).
3. Storage area is grassed or surfaced to control dust.
4. All lighting shall be hooded and so directed that the
light source shall not be visible from the public
right-of-way or from neighboring residences and shall
be in comp',liance with Section 7-501(1)a.
Analysis•
As indicated on Exhibit A, the carwash portion of the
facility is paved with concrete which extends to the front
property line and it has been enclosed with a chain link fence.
The carwash stalls are covered but open on two sides.
Setbacks:
The Zoning Ordinance requires a 20 foot front setback. If
the front 20 ft. of this site is designated for use as driveway
and maneuvering aisle, the front setback requirement will be
satisfied.
A 5 ft. side setback area must be designated for the portion
of the property which abuts the pipeline corridor but, there
appears to be adequate room to accomplish this.
Due to its location within the facility, rear setback is not
an issue for the storage area.
Special Use Performance S~,andards:
The Zoning Ordinance requires that outdoor storage
facilities be screened from abutting residential zones. As
indicated by Exhibit A, the layout of the existing mini warehouse
facility separates and screens the proposed storage yard from the
Fairmont East subdivision.
• •
Page 3
It is also required that outdoor storage areas be screened
from public rights-of-way. The applicant is proposing to provide
this screening by planting a mixture of wax myrtle and crepe
myrtle trees along exposed portions of the property perimeter
(See Exhibit B).
Because the existing paving extends to the front property
line, the plantings to be located on that face of the site are to
be placed on the Fairmont Parkway right-of-way. The plantings to
be placed along the west face of the property will be located on
the applicant's property.
Regarding the final two performance standards, the concrete
paving constitutes dust free surfacing and no additional yard
lighting has been proposed at this time. Should lighting be
added in the future, it can be specified, (as a condition of the
electrical permit) that all lights be directed towards the
interior of the property.
Conclusion•
This Special Conditional Use request appears to meet the
prerequisite requirements of the Zoning Ordinance and is
therefore eligible to be considered for approval.
•
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SGIE:I •"JO• 1 HEREBY CERTIFY TNAi THIS SVRVEY
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ASKINS b~ ARMSTRONG, P. C.
ATTORNEYS AT LAW
702 W. FAIR MONT PARKWAY
P. O. BOX 1216
LA PORTE. TEXAS 77572-1218
KNOX W. ASKINS
JOHN D. ARMSTRONG
January 17, 1992
Mr. Robert T. Herrera
City Manager
City of La Porte
City Hall
La Porte, Texas
Re: Ryan-Walsh Rail Easement
Dear Bob:
TELEPHONE 713 471-1886
TELECOPIER 713 471-2047
RECEIVED
JAN 2 U i~~~
C- i Y MANAGERS
OFFICE
The attorney for Ryan-Walsh has essentially approved my last
redraft for the City, of the proposed rail easement agreement
between the City and NBL, Inc.
Next week, NBL, Inc., and its attorneys, are to produce several
executed original copies of the agreement, with attached legal
description and plat.
I have enclosed a copy of the draft agreement and copy of a proposed
adoption ordinance. Please place these on the January 27, 1992,
Council agenda. The final agreement with the metes and bounds
description, and the plat with the color coding showing the various
aspects of the agreement, will be available for Council examination
at the meeting.
Yours very truly,
~{,~ ~. Q..a-I~..~
Rnox W. Askins
City Attorney
City of La Porte
RWA:sw
Enclosure
• •
ORDINANCE NO.
AN ORDINANCE APPROVING AND AUTHORIZING A RAIL EASEMENT AND AGREEMENT
FOR USE AND MAINTENANCE BETWEEN THE CITY OF LA PORTE AND NBL, INC.;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the
contract, agreement or other undertaking described in the title of
this ordinance, fn substantially the form as shown in the document
which is attached hereto and incorporated herein by this reference.
The City Manager is hereby authorized to execute such document and
all related documents on behalf of the City of La Porte. The City
Secretary is hereby authorized to attest to all such signatures and
to affix the seal of the City to all such documents.
Section 2. The City Council officially finds, determines,
recites and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
Civil Statutes 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, and it is so ordered.
PASSED AND APPROVED, this 27th day of January, 1992.
CITY OF LA PORTE
BY
Norman L. Malone, Mayor
ATTEST:
Cherie Black
City Secretary
APPROVED:
Knox W. Askins
City Attorney
STATE OF TEXAS ~
COUNTY OF HARRIS §
RAIL EASEMENT AND AGREEMENT FOR USE AND MAINTENANCE
THIS AGREEMENT is made and entered into this day of
1992, by and between the CITY OF LA PORTE, TEXAS, a
municipal corporation of Harris County, Texas, (hereinafter referred
to as "Grantor") and NBL, INC, a Louisiana corporation (hereinafter
referred to as "Grantee").
W I T N E S S E T H:
WHEREAS, Grantor is the owner of certain parcels of real
property situated in the County of Harris, State of Texas, more
particularly described in various instruments filed for record in
the Office of the County Clerk of Harris County, Texas, and with•the
legal descriptions as set forth in Exhibit "A" attached hereto
(collectively the "Property");
WHEREAS, the Property has been de-certified as a public park by
the State of Texas and the Federal Bureau of Outdoor Recreation;
WHEREAS, Grantee is the owner of a certain parcel of real
property adjacent to the Property, more particularly described in
the instrument filed for record in the Office of the County Clerk of
Harris County, Texas, under Clerk's File No. in the Official
Public Records of Real Property of Harris County, Texas, (the
"Adjacent Property");
WHEREAS, Grantee is desirous of obtaining an easement on the
Property for the purpose of laying, constructing, maintaining,
inspecting, operating, using, monitoring, altering, repairing,
replacing, changing the size and nature of, and removing, in whole
•
-2-
or in part, certain railroad tracks accessing the Adjacent Property
(the "Railroad Tracks"), in, on and under the Property; and
WHEREAS, Grantor is willing to grant to Grantee the easement
described below, on the terms and conditions hereinafter provided.
NOW, THEREFORE, for and in consideration of the sum of Ten
Dollars ($10.00) and other good and valuable considerations, the
receipt and sufficiency of which are hereby expressly acknowledged,
and for the further consideration of the mutual covenants and
agreements contained herein, and intending to be legally bound
hereby, Grantor and Grantee agree as follows:
1. The above preambles are incorporated herein by reference as
if fully set forth herein.
2. Except as specifically provided in Paragraph 5 below,
Grantor does hereby create, grant, bargain, transfer, sell and
convey unto Grantee a perpetual exclusive easement over, upon,
under, through, in and across the Property, to have and to hold unto
Grantee, its successors and assigns forever, for the benefit of the
Adjacent Property, for the purposes of laying, constructing,
installing, maintaining, inspecting, operating, using, replacing,
monitoring, altering, repairing, changing the size and nature of,
and removing at will, in whole or in part, the Railroad Tracks; such
easement (the "Easement") shall run in perpetuity with the Property
and the Adjacent Property and is more particularly described in
Exhibit "B" attached hereto and made a part hereof.
3. Grantee shall have the right to lay, construct, install,
maintain, inspect, operate, use, monitor, alter, replace, repair,
change the size and nature of, and remove at will, in whole or in
/ •
-3-
part, the Railroad Tracks in the Easement as it deems necessary, in
its sole discretion, from time to time. Grantee's use of the
Easement shall be (i) in compliance with all applicable federal,
state or local laws and regulations and (ii) in a manner which will
not unreasonably and materially interfere with the conduct of
Grantor's business on the Property.
4. All costs of installing, contracting, using, maintaining,
repairing or replacing the Railroad Tracks shall be borne by
Grantee, except as described in the following paragraph.
5. (a) Grantee's proposed track alignment, profile and cross
sections are as shown on a drawing by Jesse I. Casbeer, Jr. P.E.,
attached hereto as Exhibit "C" and made a part hereof.
Notwithstanding anything contained in Paragraph 2 to the contrary,
Grantor reserves the right and easement, for itself, its successors
or assigns, to utilize that portion of the trackage within the
Easement outlined in red on Exhibit "C" (the "Common Use Tracks"),
which use of said Common Use Trackage by Grantor, its successors or
assigns, shall be in common with the use thereof by Grantee. The
contemplated common usage of the Common Use Trackage by Grantor, its
successors or assigns, shall be in conjunction with the construction
and operation by Grantor, its successors or assigns, of a lead tract
(the "Future Lead Track") as shown on Exhibit "C" outlined in
yellow. Upon written notice by Grantor, its successors or assigns,
to Grantee, its successors or assigns, of its contemplated
construction and operation of the "Future Lead Track", Grantee
agrees to cooperate with Grantor in securing the consent of Southern
Pacific Transportation Company, its successors or assigns, to
i •
-~-
designate that portion of the Common Use Tracks to be used by
Grantee, and by Potential Common Users (as defined below) which
choose to connect to a westerly extension by Grantor, its successors
or assigns, of Future Lead Track. At the time of such designation,
Grantor, its successors or assigns, shall reimburse an allocated
percentage of the then fair market value of the Common Use Track,
based upon each Common Use Track user's contemplated percentage use
of the Common Use Track. Fair Market shall be defined as the then
depreciated value of improvements, with no value placed on the
easement itself, as determined by an appraisal by a qualified
industrial appraiser with railroad appraisal experience, to be
mutually selected by the parties. If the parties cannot agree on an
appraiser, the appraiser shall be designated by the presiding Judge
of the Harris County District Courts, acting in an administrative
and not a judicial capacity. The results of the appraisal shall be
binding on Grantor and Grantee, their successors and assigns, who
shall equally share in the cost of the appraisal. It is contemplated
by Grantor and Grantee that the Common Use Track will at that time,
or within a reasonable time thereafter, be conveyed by Grantee to
Southern Pacific Transportation Company, its successors or assigns,
for ownership and maintenance. In the event that Southern Pacific
Transportation Company, its successors or assigns, will not accept
the ownership and maintenance of said Common Use Track, Grantee and
Grantor, their successors or assigns, for the Potential Common Users
desiring to utilize said Common Use Tracks, agree to enter into a
joint use and maintenance agreement as to such Common Use Tracks.
Such joint use and maintenance agreement shall provide for the
•
-5-
allocations of maintenance expenses based upon each Common Use Track
user's percentage use of the Common Use Track.
(b) Grantor shall have the right to grant or assign its
rights to use the Common Use Tracks to owners of properties abutting
North "H" Street in the City of La Porte (each a "Potential Common
User"). However, as a condition of any such grant or assignment,
Grantor shall cause each Potential Common User to be bound by the
terms of this Agreement. To the extent that any grant or assignment
fails to comply with this Paragraph 5(b), such grant or assignment
shall be deemed to be void and of no effect.
6. Grantee shall pay the sum of $29,000.00 to the City of La
Porte as reimbursement to Grantor for having the Property
decertified as a public park by the State of Texas and the Federal
Bureau of Outdoor Recreation, upon the occurrence of the events in
Paragraph 7.
7. Grantor represents that a portion of the Property in green
on Exhibit "C" has been dedicated for road use to the City of
Morgan's Point (the "Dedicated Land"). Grantor shall use its best
efforts to obtain a rail easement across the Dedicated Land from the
City of Morgan's Point. The parties hereto agree that Grantee shall
have no obligations under this Agreement, including without
limitation any obligations pursuant to Paragraph 6, until such time
as such rail easement is obtained by City.
8. Grantee hereby indemnifies Grantor and holds it harmless,
from and against any reasonable and actual expenses, claims, losses,
damages or costs that Grantor incurs as a result of Grantee's use of
the Easement.
•
-6-
Grantor hereby indemnifies Grantee and holds it harmless, from
and against any reasonable and actual expenses, claims, losses,
damages or costs that Grantee incurs as a result of grantor's acts
or omissions interfering with Grantee's use and enjoyment of the
Easement.
9. Grantor shall have the right and privilege to use the
Property, at any time, in any lawful manner and for any lawful
purpose which is not inconsistent with and which does not
unreasonably interfere with (i) Grantee's use and enjoyment of the
Easement, and (ii) Grantee's rights, titles, interests, benefits and
privileges under this Agreement.
10. Grantee shall have the right from time to time to assign
its rights and obligations under this Agreement, in whole or in
part, and any assignee shall be deemed to have assumed Grantee's
obligations hereunder, and whereupon Grantee shall be relieved from
all further obligations under this Agreement.
11. Grantee has made a visual inspection of the Property and
assumes the obligation of obtaining all governmental permits and
approvals that are required for Grantee's intended use. Grantor
agrees to cooperate with Grantee and assist it in obtaining such
approvals and, to the extent that Grantor is the issuing authority
of such approvals, Grantor agrees not to unreasonably withhold such
approvals. Grantor warrants that the Property is subject to no
current permits with respect to former use as a sanitary landfill.
12. Paragraph 3 has compliance with law provisions. Grantor
has disclosed to Grantee that the Property has previously been
utilized by Grantor as a municipal sanitary landfill. Grantee
•
-7-
assumes all risk of its proposed use of the Easement, which shall be
consistent with Texas and Federal statutes and regulations touching
upon permitted uses of former sanitary landfills. Grantee and
Grantor understand and agree that Grantor has made no
representations with regard to the environmental condition of the
Property. Grantee assumes the risk that the geophysical condition
of the Property is sufficient for Grantee's intended use.
13. Notwithstanding anything contained in Paragraph 9 or
elsewhere herein to the contrary, Grantee has made no environmental
investigation of the Property and does not assume responsibility for
any liability or obligation arising out of pollution or
contamination of the Property except for that which is caused by
Grantee's release of pollutants or contaminants during the term of
the Easement.
14. Both Grantor and Grantee reserve all respective rights and
defenses with regard to liabilities and obligations arising out of
the former's use of the Property as a sanitary landfill or waste
disposal area. Specifically, both Grantor and Grantee reserve their
rights with respect to contribution and/or indemnification for costs
or expenses associated with removal or remediation of contaminated
soils or groundwater where such contamination arises out of or
results from the prior use of the Property as a sanitary landfill or
solid waste disposal area.
15. Grantee shall have all other rights, titles, privileges,
interests and benefits necessary for the full enjoyment and use of
the rights granted to Grantee under this Agreement. This Agreement
is SUBJECT TO the terms and provisions of an Easement Agreement
•
-8-
between Grantor and Houston Lighting & Power Company, over and
across the south fifty foot (S.50') of Property.
16. No sale, lease, conveyance, transfer, subdivision or other
disposition of the Property shall change the rights, titles,
interests, benefits, privileges, obligations, indemnities or duties
of Grantee under this Agreement, and any subsequent owners or
interested parties of the Property shall be substituted for Grantor
under this Agreement.
17. This Agreement covers all of the agreements between the
parties, and no representations or statements, verbal or written,
have been made modifying, adding to or changing the terms of this
Agreement.
18. This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas and shall bind and
inure to the benefit of the parties hereto and their respective
successors and assigns.
19. Notwithstanding anything contained herein to the contrary,
Grantee shall have no obligation to install or maintain the Railroad
Tracks and/or the Common Use Tracks. In the event that no portion
of the Railroad Tracks is installed by Grantee in the Easement
within ten (10) years from the date hereof, this Agreement shall be
void and of no further affect; provided, however, if the Common Use
Track contemplated by Paragraph 5 has not been constructed by
Grantee at the time of written notice by Grantor under Paragraph 5
relating to construction of Future Lead Track, Grantor, its
successors and assigns, shall have no further obligation to Grantee
under Paragraph 5, and may proceed with construction of its
facilities within the Property.
-9-
IN WITNESS WHEREOF, the parties have executed this instrument
the day of , 1992.
GRANTOR:
ATTEST:
Cherie Black
City Secretary
APPROVED:
Knox W. Askins
City Attorney
ATTEST:
Name:
Title:
CITY OF LA PORTS, TEXAS
BY
Robert T. Herrera
City Manager
GRANTEE:
NBL, INC.
BY:
Name:
Title:
[Corporate Seal]
•
-10-
STATE OF TEXAS §
§
COUNTY OF HARRIS §
On this the day of , 1992, before me a
Notary Public, the undersigned officer, personally appeared Robert
T. Herrera, who acknowledged himself to be the City Manager of the
City of La Porte, Texas, and that he as such City Manager being
authorized to do so, executed the foregoing instrument for the
purposes therein contained by signing the name of the City of La
Porte by himself as City Manager.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public, State of Texas
COMMONWEALTH OF PENNSYLVANIA §
§
COUNTY OF ALLEGHENY §
On this the day of , 1992, before me a
Notary Public, the undersigne officer, personally appeared
who acknowledged himself to be the
of NBL, Inc., a Louisiana corporation,
and that he as such being authorized to do
so, executed the foregoing instrument for the purposes therein
contained by signing the name of NBL, Inc. by himself as
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
~ i
EXHIBIT "A"
Legal Description of the Property
All of Blocks 474 and 475, Town of La Porte, a subdivision in Harris
County, Texas, according to the map or plat thereof recorded in the
Office of the County Clerk of Harris County, Texas, as reflected by
instruments recorded in Volume 851, Page 544; Volume 7515, Page 455;
and Volume 7829, Page 623, Harris County Deed Records; and the ten
foot (10') residue, being the westernmost ten feet (10') of Ninth
Avenue in the City of Morgan's Point, Texas, adjacent to Block 474,
Town of La Porte, Harris County, Texas; and the north one-half
(N.1/2) of the former North "H" Street right-of-way, adjacent to the
south boundary lines of said Blocks 474 and 475, Town of La Porte,
Harris County, Texas, and extending from the GL&H Railroad right-of-
way, as recorded in Volume 83, Page 243, Harris County Deed Records,
to North Broadway Street.
• ~
EXHIBIT "B"
Metes and Bounds Description of the Easement
EXHIBIT "C"
Rail Drawing by Jesse I. Casbeer, Jr., P.E.
•
ORDINANCE NO. 1807
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY
OF LA PORTE AND SEWELL & RIGGS, ATTORNEYS AT LAW; MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes
the contract, agreement or other undertaking described in the title
of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute such
document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the Seal of the City to all such
documents.
Section 2. The City Council officially finds, determines,
recites and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required .by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
Civil Statutes 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, and it is so ordered.
PASSED AND APPROVED, this the 27th day of January, 1992.
CITY OF LA PORTE
ATTEST:
Cherie Black, City Secretary
APPROVED:
Norman L. Malone, Mayor
Knox W. Askins, City Attorney
u
City of La Porte
Established 1892
January 23, 1992
Barry Abrams
Sewell & Riggs
333 Clay Avenue
Suite 800
Houston, TX 77002-4086
Dear Mr. Abrams:
~I offer the following comments to be added to the Proposed
Letter of Engagement you forwarded to me on January 20, 1992.
I believe the changes are minor and ones which will insure our
relationship is proactive and built on sound business
principles.
First, I feel that there should be a provision in the
Agreement requiring Sewell& Riggs to seek City of La Porte
approval and input prior to incurring service fees for
services related to the "Representation Matters". I,would
also indicate that both parties recognize that instances might
arise in which emergency considerations dictate Sewell & Riggs
retaining and paying expenses without City of La Porte
approval.
Second, I would suggest that a provision be inserted into the
Agreement that would allow the City of La Porte and Sewell &
Riggs to resolve any fee disputes that might arise in the
course of representing the City in the "Representation
Matters." Clearly, the City of La Porte has the right to
request explanations in connection with fees charged, but I
see no recognition of such in the Agreement. I would simply
like recognition in the Engagement Letter that the City does
have the right to call the reasonableness of fees into
question.
Finally, I would like Sewell & Riggs to provide the City of
La Porte with regular written status reports, much as they
provide to T.M.L. Such status report would go far to
facilitate communication between the City and Sewell & Riggs,
which is critical between attorney and client in course of the
"Representation Matters."
P.O. Box 111 ~ La Porte, Texas i i ~ i ? -111 ~ ( 713) 471-5020
January 23, 1992
Page 2
I consider these to be relatively minor points, and I feel
that Sewell & Riggs would have no problem including any of the
suggested revisions in their Proposed Engagement Letter.
Sincerely,
Robert T. Herrera
City Manager
RTH/ms
SEWELL SC RIGGS
A PROFESSIONAL CORPORATION
333 CLAY AVENUE
SUITE 800
HOUSTON, TExns '77002-408c3
BARRY AB RAMS
(713) 652-8792
January 20, 1992
Mr. Robert T. Herrera
City Manager
City of La. Porte
= P.O. Box 1115
604 W. Fairmont Parkway
La. Porte, Texas 77571
Dear Bob:
•
TELEPHONE 17131652-8700
TELECOPIER (7131652-8808
TELEX 77-5564
t~22~:.;
C! i Y t~`~~N~GtR5
C~t=tCE
Susan and I very much enjoyed our visit to the City on Friday and are pleased
that the City is considering hiring Sewell & Riggs as special counsel on litigation that
is not otherwise defended by the TMLr Joint Self Insurance Fund or insurance available
to the City.
Enclosed as requested is a proposed engagement letter for your review and
comments.
After you have had an opportunity to look over the draft and review it with your
City Attorney, Knox Askins, please let me know if you desire any changes.
I look forward to hearing from you.
Very truly yours,
--
~~~,~~~ "
~J
Barry Abrams
/ba
Enclosures
LE~ SERVICES ENGAGEMENT LE~R
January 20, 1992
Mr. Robert T. Herrera
City Manager
City of La Porte
P.O. Box 1115
604 W. Fairmont Parkway
La Porte, Texas 77571
Dear Mr. Herrera:
Please accept this letter as a proposed agreement for professional services between
Sewell & Riggs, A Professional Corporation ("S Si R"), and the City of La Porte. Texas
("City").
Upon execution, this letter will confirm the engagement of S&R to represent the City
as special counsel on designated litigation matters brought by or against the City, other than
litigation in which the City's self-insurance plan or other direct insurance provides for the
payment of defense costs. (the "Representation Matters"). S&R is pleased to be provided
the opportunity to represent the City on all such matters in which the City specifically
requests our assistance. S&R will not represent the City in any matter unless our
engagement is first ~~ requested in writing and confirmed in writing by S&R and S&R shall
only be obligated to perform such services upon such written confirmation.
I will be principally responsible for the Representation Matters on which the City
retains S & R and will be assisted from time to time by others in the firm.
Method of Detemuning_Fees
As a professional courtesy to the City, we have agreed to perform our work for the
City on litigation matters on. the same basis that we have rendered services to the Texas
Municipal League, that is, the City will be charged our customary hourly rate for attorneys
and staff .whose. ra±es are less thar_ $ ~ OS per hour aid wiu be charged `~:, ~ eat.,r of $105
per hour or 85% of our customary billing rate for any attorneys with rates in excess of $105
per hour. The fees will be computed principally on the basis of the time expended, at the
hourly rates fixed from time to time for the lawyers, paralegals or law clerks rendering the
services. S&R shall also consider in the determination of the fees for our services such
factors as the time expended, the unusual value of certain services, the issuance of formal
opinions, and the emergency nature of the work performed and the consequent necessity
that the work of other clients be deferred or other engagements declined. Periodic billings
maybe rendered entirely on a time basis with adjustments for other factors reflected in later
billings. Hourly rates are subject to increase at the beginning of S&R's fiscal year or
otherwise upon its prior notification to City. Attached as Exhibit "A" is a schedule listing
the current hourly rates of the S & R lawyers and legal assistants most likely to work on
matters for the City at this time.
Schedule of Billing and P ents
The City agrees to pay for services rendered and expenses incurred within 30 days
after the dates of statements for such fees and expenses. Amounts unpaid after 90 days
shall bear interest until paid at the rate of 10% per annum. It is contemplated that
statements will be rendered on a monthly basis in order to avoid undue enlargement of the
account, although statements may be rendered less frequently. The statements of S&R are
relatively self-explanatory, in that they describe generally the work done from time to time
and the relevant dates.
S&R has not required a deposit in connection with this engagement, but reserves the
right to request one. Should S&R request a deposit, it will be held in the trust account of
S&R and, in its sole discretion, applied to the City's last billing or any unpaid account.
Payment of this deposit would not be a substitute for current payment of invoices; the
deposit, if required, would merely be security for the payment obligation. If the deposit is
required, interest will not be paid thereon.
Cash Outlays
The City authorizes S&R to retain and agrees to pay the fees or charges of every
other person or entity engaged by S&R to perform services related to the Representation
Matters. Such other persons and entities may include, for example, court reporters,
appraisers, real estate agents, escrow agents, accountants, investigators, expert witnesses, title
examiners and surveyors. The City authorizes S&R, in our discretion, to direct such other
persons and companies to render statements for services rendered and expenses advanced
either directly to City or to S&R, in which latter event the City agrees promptly to
reimburse S&R for the full payment of such statements.
The City acknowledges that S&R may incur various expenses in providing services
to the City. The City agrees to reimburse S&R for all out-of-pocket expenses paid by S&R,
or for special services incurred on behalf of the City or, if the City is billed directly for these
expenses, to make prompt, direct payments to the originators of the bills. Such expenses
include, but are not limited to, charges for serving and filing papers, courier or messenger
services, recording and certifying documents, depositions, transcripts, investigations,
witnesses, long-distance communication, copying m~.terials, overtime secretarial and clerical
assistance, travel and food expenses, postage, word processing charges and computer
research charges.
Termination of Representation
S&R reserves the right to withdraw from the Representation Matters at any time with
or without cause, including without limitation any time fees or expenses are unpaid for more
than 60 days from the date of invoice, or for any other reason permitted under Texas law
or by the rules of the courts of the State of Texas, and the City reserves the right to
terminate the representation at any time, with or without cause. Notice of termination by
either party shall be given in writing to the other party. In the event of such termination,
-2-
the City agrees to promp~pay S&R for all services rendered ~&R and all other fees,
charges and expenses incurred pursuant to this Agreement prior to the date of such
termination.
Upon termination of the representation for any reason, by either S&R or the City,
S&R agrees to cooperate with any successor counsel to accommodate a smooth transition
of the representation.
Effort and Outcome
S&R agrees to use all reasonable care in representing the City in the Representation
Matters. However, the City aclmowledges that S&R has given no assurances regarding the
outcome of the Representation Matters. S&R agrees to assert a diligent effort to assure that
the City is reasonably informed as to the status of the Representation Matters and as to the
courses of. action which are being followed or recommended by S&R. All of S&R's work
product will be owned by S&R.
During the course of our representation we will provide the City Attorney, the
Human Resources Director and any other representative you designate with copies of all
important pleadings or correspondence that we prepare on behalf of the City and will
continue to keep you advised of any new developments. If you prefer that we follow some
other reporting format, please let me know and we will be happy to do so. -
If the foregoing is acceptable to the City, please execute the enclosed copy of this
letter in the space indicated to confirm the employment of S&R and indicate your
agreement with the terms set out above, and return it to S&R for our files.
We appreciate the City's confidence in allowing us to be of service. If you have any
questions or if we can be of any additional assistance at this time, please do not hesitate to
contact us. We look forward to working with you.
Very truly yours,
SEWELL & RIGGS, a
Professional Corporation
By:
Barry Abrams
-3-
EXHIBIT "A"
SEWELL & RIGGS' ATTORNEYS
LIKELY TO BE SERVING THE CITY OF LA PORTE
Attornev Citv Rate as of 1/31/92 Customary Rate
Barry Abrams $191.25/hour $225/hour
Harvey G. Brown $153.00/hour $180/hour
William B. Allison $178.50/hour $210/hour
Susan L. Bickley $136.00/hour $160/hour
Nancy J. Brown $105.00/hour $115/hour
Ward Jacobs $100.00/hour $100/hour
James J. Maher $106.25/hour $125/hour
Stephen Moll $100.00/hour $100/hour
James G. Munisteri $114.75/hour _ $135/hour -
Barbara G. Stanley $100.00/hour $100/hour
Ramon G. Viada,III $105.00/hour $115/hour
Bart Wyrick $100.00/hour $100/hour
Legal Assistant
Sandy Allen $60.00/hour $60.00/hour
Julie Ibarra $65.00/hour $65.00/hour
Christie Ondak $65.00/hour $65.00/hour
Dianna Wibbert $65.00/hour $65.00/hour
CITY OF LA PORTE
r -J
L_
SPECIAL CONDITIONAL USE PERMIT
ORDINANCE #1501
Permit No. SCU91-001 CLP Job No. N/A
This permit issued to: Herb McElveen
Owner or Agent
18422 Highway 3
Webster, Tx 77598
Address
For Development of: STORAGE STATION
Development Name
10601 West Fairmont Parkway,
Address
2 8573 Acre Tract out of Reserve E,
Fairmont Park East, Section One
Legal Description
Type of Development: Boat and R. V. Storage Yard
Zonings General Commercial
PERMIT CONDITIONS
1. The area is screened from view of neighboring
residential uses or an abutting residential district in
compliance with Section 6-600 (A), Ordinance 1501.
2. Storage is screened from view from the public right-
of-way in compliance with Section 6-600(a), Ordinance
1501.
3. Storage area is grassed or surfaced to control dust.
Section 10-605.6, Ordinance 1501.
4. All lighting shall be hooded and so directed that the
light source shall not be visible from the public
right-of-way or from neighboring residences and shall
be in compliance with Section 7-501(1)a, Ordinance
1501.
Validation Date:
Zoning Administrator City Secretary
REQU~ FOR CITY COUNCIL AGENDA ~M
r
SUMMARY & RECOMMENDATION
RECENTLY FUNDS WERE DONATED TO THE CITY OF LA PORTE EMERGENCY MEDICAL SERVICE
FROM AXZO CHEMICAL IN THE AMOUNT OF $1,000.00, AND FROM FMC CORPORATION IN
THE AMOUNT OF $100.00. THE FUNDS WERE DESIGNATED FOR THE PURPOSE OF EMS
IMPROVEMENTS.
WE REQUEST THAT THE EMS CAPITAL OUTLAY BUDGET BE AMENDED FOR THE PURPOSE OF
PURCHASING FOUR (4) AUTOMATIC GARAGE DOOR OPENERS FOR THE EMS TRUCK BAYS.
THESE DOOR OPENERS WILL IMPROVE OUR RESPONSE TIME, BECAUSE THE PARAMETICS
WOULD NOT HAVE TO SHUT THE DOORS BEFORE RESPONSING TO CALLS.
Agenda Date Requested: JANUARY 27, 1992
Requested By: J.L. SEASE ~~~epartment:
x Report Resolution _
Exhibits:
•'.• THE PRICE FOR THE FOUR (4) GARAGE DOOR OPENERS IS APPROXIMATELY $1,000.00.
Action Required by Council:
INSTRUCT DIRECTOR OF FINANCE TO AMEND THE EMS CAPITAL OUTLAY BUDGET BY
$1,100.00, WHICH REPRESENTS THE AMOUNT DONATED FOR CAPITAL OUTLAY.
Availability of Funds:
General Fund
Capital Improvement
-~`- Other MISC. REVENUE
Water/Wastewater
General Revenue Sharing
Account Number: Og1~gg~pB ~g~ Funds Available: ~ Y,ES _ NO
A~nroved for Citv Council Agenda
~ T (~c~v ~ ~ 1 L-22-gZ. .
Robert T. Herrera ~~ DATE
City Manager
FIRE/EMS
Ordinance
• •
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: January 27, 1992
Requested By: Atex Osmond~j-~ Department: Golf Course
XX Report Resolution Ordinance
Exhibits:
Interoffice Memorandum from Susan Kelly, Buyer.
2. Sealed Bids #0468 and Tabulation
SUMMARY & RECOMMENDATION
Advertised, sealed bids #0468 for Golf Course Equipment were opened and read on
December 23, 1991. Bid requests were mailed to four area distributors with all four
returning bids.
Brookside Equipment Sales was low bidder on the Six Foot Flail Mower at a price of
$1,991, and was the only distributor to return a bid on the Sand Trap Machine at a price
of $5,429. Brookside Equipment Sales met all specifications on both items.
Watson Distributing was the only distributor to return a bid on the Off Road Utility Vehicle
at a price of $8,306 including options, and was the low bidder on the Riding Greens
Mower at price of $9,567, excluding options. Watson Distributing met all specifications
on both items.
The total of the four items is $25,293. Funds budgeted in the amount of $32,400 for the
purchase. of these four items are available in the motor pool vehicle replacement fund.
Action Required by Council:
Award bids as recommended by staff.
Availability of Funds:
General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
XX Other (Motor Pool)
Account Number: Various Funds Available: XX YES NO
Approved for City Council Agenda
T ~.a~-~~ ~ • Z Z -a Z..
Robert T. Herrera DATE
City Manager
•
CITY OF LA PORTE
:7
INTER-OFFICE MEMORANDUM
JANUARY 6, 1992
TO: DENNIS HLAVATY, GOLF COURSE SUPERINTENDENT
FROM: SUSAN KELLEY, BUYER
SUBJECT: GOLF COURSE EQUIPMENT
Advertised sealed bids #0468, for Golf Course Equipment were
opened and read on December 23, 1991.
I have attached a bid tabulation and copies of the bids for
your review.
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/jm
Attachment: Bid Tabulation
Bids
.BID TABULATION ~ .
GOLF COURSE EQUIPMENT
SEALED BID ~~0468 BROOKSIDE WATSON
EQUIPMENT DIST.
SALES
LANSDOWNE GOLDTHWAIT
MOODY CO.
F L MOWER
TOTAL PRICE WITHOUT OPTIONS $1991.00 N/B $2494.00 N/B
TOTAL PRICE WITH OPTIONS N/B N/B $2523.00 N/B
TQ
TAL PRICE WITH U $5429.00 N/B N/B N/B
.
TOTAL PRICE WITH OPTIONS N/B N/B N/B N/B
OAD ILIT VEHICLE -
TOTAL PRICE WITHOUT OPTIONS N/B $7254.00 N/B N/B
TOTAL PRICE WITH OPTIONS N/B $8306.00 N/B N/B
I RIDIN GR EN MO R
.
N B
°95;(x7..00
N B
10742.1
0 E WIT OPTION 10775.00 $10917.00 N/B $12075.1
ALTERNATE BIDS
GR E S MOWER RANSOMES 8 BLADE
$10350.00 $10526.1
T PTIONS $11859.1
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: January 27, 1992
Requested By: E. Griffith Department: Community Dev.
Report Resolution x Ordinance
Exhibits: Proposed Garage Sale Ordinance
SUMMARY & RECOMMENDATION
Summary: The City has received several inquiries from citizens
regarding garage sales. These inquiries speak of too many sales,
too long, and the belief that certain homes are operating resale
shops on a weekly basis. The attached ordinance was patterned
after an existing ordinance in use in Pasadena. Staff feels this
proposed ordinance may address some of the issues raised.
Action Required by Council: Discuss proposed ordinance.
Availability of Funds:
General Fund
Capital Improvement
Other
Account Number:
Approved for City Council Agenda:
Robert T. Herrera
City Manager
Water/Wastewater
General Revenue Sharing
Funds Available: _ Yes _ No
1-2z-a2
Date
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ORDINANCE N0.
AN ORDINANCE REGULATING OCCASIONAL SALES OR GARAGE SALES;
ESTABLISHING DEFINITIONS; REQUIRING NECESSARY PERMIT AND
APPLICATION; CITING SPECIFIC EXCEPTIONS; PROVIDING THAT ANY
PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED
GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE FINED NOT TO
EXCEED TWO HUNDRED ($200.00); CONTAINING SEVERABILITY AND
REPEALING CLAUSES; 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. Definitions: The following terms shall have the
respective meanings ascribed to them:
Garage Sale: Any sale entitled "garage sale", "yard sale",
"patio sale", "rummage sale", "flea market sale", or any
similar casual, occasional sale of tangible personal
property which is advertised by any means whereby the public
at large is or can be made aware of said sale.
Goods: Any commodity, ware, merchandise, or any other
property capable of being the object of sale.
Occasional Sale: For the purpose of this ordinance, the
definitions of Garage Sale and Occasional Sale shall be
synonymous. Such sales are:
1) by persons not in the general business of selling,
leasing, or renting, and
2) goods sold or purchased via such a sale are exempt from
the State sales and use tax under the Texas Tax Code,
Section 151.304.
SECTION 2. Permits: It shall hereinafter be unlawful for any
person or persons to conduct a garage sale in the City without
first filing with the Inspection Division the information
hereinafter specified and obtaining a permit to do so, herein to
be called a garage sale permit. The fee for such a permit shall
be ten dollars ($10.00). Said permit shall be issued to any one
person at a specific address only once within a six (6) month
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Page -2-
period and no such permit shall be issued for more than five (5)
consecutive calendar days. Each permit shall be prominently and
conspicuously displayed on the premises upon which the garage
sale is conducted so as to be readily seen from the street during
the entire period of the permitted sale. The sales shall be
limited to Residential Zones and shall comply with all
requirements of the City of La Porte Zoning Ordinance.
SECTION 3. Permit Application: Information to be filed with the
City Permit Division by an applicant for a garage sale shall
include the following:
1) Name of resident or responsible person who will be
taking out the permit.
2. Name of person, firm, group, corporation, association,
or organization conducting said sale.
3) Specific address at which sale is to be conducted.
4) Number of days and dates of the sale.
5) Approximate dates of any past sales at the specific
address.
A statement shall be given by the person signing the garage
sale permit application that the information contained therein is
full, true and correct, and known to the applicant to be so.
SECTION 4. Any person, as defined in Section 1.07(20), 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
(5200.00). Provisions and terms of this Ordinance shall be
enforced by the La Porte Police Department, the building official
of the City of La Porte or designee of the building official of
the City of La Porte.
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Page 3
SECTION 5. If any section, sentence, phrase, clause, or any part
of any section, sentence, phrase, or clause, of this ordinance
shall, for any reason, be held invalid, such invalidity shall not
affect the remaining portions of this Ordinance, and it is hereby
declared to be the intention of this City Council to have passed
each section, sentence, phrase or clause, or part thereof,
irrespective of the fact that any other section, sentence, phrase
or clause, or part thereof, may be declared invalid.
SECTION 6. 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 7. This Ordinance shall be effective fourteen (14) days
after its passage and approval. The City Secretary shall give
notice of the passage of this Ordinance by causing the caption
hereof to be published in the official newspaper in the City of
La Porte at least twice within ten (10) days after the passage of
this Ordinance.
Page 4
PASSED AND APPROVED this the day of
1992.
CITY OF LA PORTE
By
Norman Malone, Mayor
ATTEST:
City Secretary
APPROVED:
City Attorney