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HomeMy WebLinkAbout1993-04-12 Public Hearing and Regular Meeting MINUTES OF THE PUBLIC HEARING AND REGULAR MEETING LA PORTE CITY COUNCIL APRIL 12, 1993 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, Jack Maxwell, Jerry Clarke Members of City Council Absent: None Members of City Staff l Services Louis Rigby, Secretary Cherie Black, Police Chief Bobby Powe: Director of Parks and Officer Linda Stubbs ?resent: Director of Administrative City Attorney Knox Askins, City Planning Director Chuck Harrington, L1, Finance Director Jeff Litchfield, Recreation Stan Sherwood, Finance Others Present: Mayor and Mrs. Russell Applebe, City of Morgan's Point; Sgt. Ron Parker, Officer Donna Cook, Officer Don Kirkley, Dispatcher Jo Lynn Coupland, Lt. Carl Crisp, La Porte Police Department; representatives from Strawberry Festival; representatives from Null Associates; Dr. Donna Medford; Susan Fabacher, representing the Bridge; several citizens 2. The invocation was given by Councilperson Thrower. 3. Council considered approving the minutes of the regular meeting held March 22, 1993. Motion was made by Councilperson McLaughlin to approve the March 22 minutes as presented. Second by Councilperson Cooper. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 4. The Mayor proclaimed the month of April as "Sexual Assault Awareness Month." Ms. Susan Fabacher accepted the proclamation. 5. Employee of the Quarter awards for October, November and December, 1992, were presented to Police Sgt. Ron Parker, Officer Donna Cook, Officer Don Kirkley and Dispatcher Jo Lynn Coupland for their assistance in an incident involving Morgan's Point policeman Frank Suggs. After the presentation, Minutes, Public Hearing and Regular Meeting La Porte City Council April 12, 1993, Page 2 Morgan's Point Mayor Russell Applebe praised the group for their efforts. 6. Representatives of the Strawberry Festival addressed Council and presented them with V.I.P. pins and strawberry pies. Mr. Booker Lakes addressed Council regarding the outcome of RFP 0047, Security Services at Sylvan Beach Pavilion. Mr. Lakes felt his bid had not been fairly evaluated. 7. Finance Director Jeff Litchfield addressed Council to present the 1992 Comprehensive Annual Financial Report, which was followed by short comments by a representative of Null & Associates. 8. The Mayor opened the public hearing at 6:43 P.M. This hearing was regarding a request of Zion Hill Baptist Church for a Special Conditional Use Permit to allow construction of a Church sanctuary in an R-1 zone. Planning Director Chuck Harrington reviewed the request. The Mayor asked for public input. There being none, Mr. Harrington reported that the recommendation of the Planning & Zoning Commission, with concurrence of departmental staff, was to grant the Special Conditional Use Permit to Zion Hill Baptist Church. The public hearing was adjourned at 6:46 P.M. 9. Council considered approving Special Conditional Use Permit for Zion Hill Baptist Church. Motion was made by Councilperson Clarke to approve Special Conditional Use SCU93-002 to Zion Hill Baptist Church. Second by Councilperson Thrower. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 10. Council considered an ordinance confirming appointment of a City Secretary by the City Manager. The City Attorney read: ORDINANCE 93-1894 - AN ORDINANCE CONFIRMING THE APPOINTMENT OF A CITY SECRETARY BY THE CITY MANAGER; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Thrower to adopt Ordinance 93-1894 as read by the City Attorney. Second by Councilperson Porter. The motion carried, 9 ayes and 0 nays. C Minutes, Public Hearing and Regular Meeting La Porte City Council April 12, 1993, page 3 Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 11. Council considered an ordinance authorizing execution by the City of La Porte of an Industrial District Agreement with FMC Corporation, within the Bayport Industrial District for the term commencing January 1, 1987, and ending December 31, 1993. The City Attorney read: ORDINANCE 93-1985 - AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH FMC CORPORATION, WITHIN THE BAYPORT INDUSTRIAL DISTRICT FOR THE TERM COMMENCING JANUARY 1, 1987, AND ENDING DECEMBER 31, 1993. Motion was made by Councilperson Gay to adopt Ordinance 93- 1895 as read by the City Attorney. Second by Councilperson Sutherland. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 12. Council considered an application for a Council hearing from Mr. Tim DeWalt, appealing the decision of the Wrecker Committee denying permit. Planning Director Chuck Harrington addressed Council and gave background on this item and reasons the Wrecker Committee denied a Wrecker Permit to Mr. DeWalt. It is the Committee's opinion that Mr. DeWalt failed to present sufficient evidence to warrant a new Wrecker permit, and they recommend on that basis, that Mr. DeWalt's request for a public hearing before the Council be denied. Council. Second by Councilperson Cooper. The motion carried, 8 ayes and 1 nay. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Maxwell, Clarke and Mayor Malone Nays: Councilperson Gay Minutes, Public Hearing La Porte City Council April 12, 1993, Page 4 and Regular Meeting • 13. Workshop Items: These items were discussed in reverse order. B. Discuss proposed vicious animal ordinance. Discussion was held regarding this ordinance and several changes were suggested. Chief Powell will rework the ordinance and bring it back to Council. A. Discuss proposed changes to the Utility Billing operation. Finance Director Litchfield has done much research on this matter, and presented proposed changes in the manner of handling various aspects of the utility billing operation. He noted Council suggestions and will bring ordinance(s) before Council shortly. 14. Administrative Reports Director of Administrative Services Louis Rigby announced Sylvan Beach Festival activities on April 23, 24 and 25; the City picnic to be held May 22; Bay Day weekend on June 11, 12 and 13; a SEED banquet to be held May 20; and a 1:00 P.M. press conference at Sylvan Beach on May 13 to announce plans for the proposed new hotel. 15. Council Action: Councilpersons Sutherland, Cooper, McLaughlin, Porter, and Mayor Malone brought items to Council's attention. 16. Council adjourned into executive session at 9:17 under V.A.T.S. - Article 6252-17, Section 2(E) - (Legal) to discuss with the attorney two lawsuits, the Jan Stevenson lawsuit and Couch Davis lawsuit. Council returned to the table at 9:27 P.M., with no action taken. 17. There being no further business to come before the Council, the meeting was duly adjourned at 9:29 P.M. Passed & Approved this the 26th day of April, 1993 Respectfull submitted: C~.~,~.~ Cherie Black, City Secretary Michael Cooper, Mayor Pro Tem ~.~(4 `%~ Off ice of the Mayor .. r ~~ ~~rQ~,~i : sexual assault affects every person in La Porte either as a victim/survivor of sexual assault or as a family member, significant other, friend, neighbor or co- worker; and WHEREAS, this year's theme: "Sharing the Secret, Surviving the Silence"roflects the efforts of The Bridge Over Troubled Waters, Inc. work with survivors and their loved ones, by allowing survivors the freedom to choose when, where and how their healing begins; and WHEREAS, many citizens of La Porte are working to provide quality services and assistance to sexual assault survivors by volunteering assistance with a 24-hour hotline, responding to emergency calls, offering support and comfort during medical exams and criminal justice proceedings; and WHEREAS, The Bridge Over Troubled Waters, Inc. volunteers and staff promote sexual assault awareness and avoidance by offering educational programs to schools, churches and civic organizations, as well as professional training to medical, mental health, law enforcement, education and criminal justice personnel regarding sexual assault issues. NOW, THEREFORE, I, NORMAN L. MALONE, MAYOR of the City of La Porte, do hereby proclaim the month of April, 1993, as SEXUAL ASSAULT AWARENESS MONTH in the City of La Porte, and urge all citizens to become interested in, support and encourage The Bridge Over Troubled Waters, Inc. in their program. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed hereto, this the 12 day of April, 1993. CITY OF LA PORTE Norman L. Malone, Mayor 1 i-~ ~ LA P~RTf d ~~;~'~' 1 ~.:f~ rE ~~~,1 ,~1"y BOBBY L. POWELL, CHIEF ~~ City o~ ~a ~Po~te ~PoQ~ce ~epa~tme~lt ~~~ ~ ~ ~_, ,J P. O. BOX 848 LA PORTE, TEXAS 77571 , PHONE 477 - 2741 Sergeant Ron Parker officer Donna Cook Officer Don Kirkley Dispatcher Jo Lynn Coupland Police Headquarters La Porte, Texas November 30, 1992 I would like to commend you all for your outstanding performance of your duties during the capture of the robbery suspect in Morgan's Point on October 10, 1992. This was, as you recall, the incident where Morgan's Point Officer Frank Suggs was shot and wounded in the apprehension of the suspect. The Command Staff and I have received many words of praise for your dedication to duty, stability under fire and excellent job performance during this incident. Officer Suggs and the mayor and city administration of Morgan's Point praised you all highly. Dispatcher Coupland, your calm and collective communication skills aided in keeping radio traffic orderly so that units responding to the emergency were able to be of maximum efficiency. Sergeant Parker and Officer Kirkley, you both showed tremendous restraint and professionalism in handling the arrest of the wounded .suspect and assisting Officer Suggs at the scene. You were also instrumental in securing the scene properly for investigator:., officer Cook, your willingness to come to the aid of a fellow officer, no matter when and where, shows true concern for your fellowman. You assistance in a time of trauma cannot be measured. You all did a fine as you. Sincerely, Bobby L. Powe 1 Chief job and I am proud to command personnel such XC: rll nm t • ~• j . ~' • • ' Cit of Mor an's Poi~~ri.t ~J g i1 < < pp pp , , PHONE (713) ~~ 1~ 2171 r~ooCest es~ioE on EhE 1r3atJ. sho2e P.0. #~OX 839 LA PORTE, TEXAS 775h2-0839 RUSSELL APPLEBE TELEFAX (713) 4~1-7473 Mayor I D. A. PAULISSEN City Administrator Honorable Norman Malone, Mayor City of La Porte P.O. Box 1115 La Porte, TX 77572 s. RE: Assistance October 10, 1992 La Porte Police Department Chief B.L. Powell, Sgt. R. Parker, Officer D. Kirkley, Disp. J. Copeland, and Officer D. Cook. Dear Mayor Malone, The City of Morgan's Point, its Mayor, Council, Police Department and Administration would like to commend the La Porte Police Department, Fire Department and other personnel for their assistance iii the October 10, 1992 shooting incident in Morgan's Point, TX. We as a City will be forever in your service for the response and support that you showed during Officer Frank Suggs, Jr.'s shooting. I have enclosed a letter from him expressing his personal thanks for .all you did. The performance of all respective departments of the City of La Porte represents the highest level of professionalism and dedication to duty, Officer Suggs and the City and Citizens of Morgan's Point that can be found anywhere, at any price. We are proud to be your neighbors and hope that we my repay the favor, in kind, when the need arises. Thank ..rte ~ ~ ~.:?~'.~,~ "'~• ~~ f _ ~. ~ r ~ -~'~ti. +~ "j' ~y% ~f iii , jy# ~`Y ~~~ 1 ' a ~~ ~ ~ e ~ ~ ... wm ids s:~~ a ssec~ r .•; . ' ` , • • ,~ i I~ ,~ l you again Mayor Molone, City Council of the City of La ~ Porte, City Manager Robert Herrera and all of the staff of the City of La Porte. We appreciate everything you have done and will do in the future. Respectfully submitted, David A. Paulissen City Administrator ,~ s . cc: Mayor Applebe & City Council Chief B.L. Powell Sgt. R. Parker Officer D. Kirkley Officer D. Cook Disp. J. Copeland City Manager Robert T. Herrera encl. B:\CORR.\LETTLPPD2.DOC r ~,eoocEs~ ~~~aE o,Z LSE ~Qys~oz~„ Cites of Morgan' Point RUSSELL APPLEBE Mayor . ~~ D. A. PAULISSEN City Administrator •,`w .. ,............. • • PHONE (713) 471.2171 P.O. BOX 839 LA PORTE, TEXAS 77572.0839 TELEFAX (713) 471.7473 Reference: Chief D.L. Powell, Sgt. R. Parker, Officer D. Kirkley, Disp. J. Coupland, acid Officer ll. Cools To: The Honorable Mayor Norman Malone From: Officer Franlc Suggs Jr. On Saturday, October 10 , 1992 at about 6:09 PM, I was dispatched to an armed robbery call at The Port of IIouston with the suspect fleeing the scene on foot. Sergeant R. Parker and Officer D. Kirkley cleared L-lie call as back-ups. Upon approaching the area, I observed a subject matching the description given and stopped to identify liim. During our conversation, the subject pulled a pistol and a struggle ensued which ultimatley resulted in myself and the suspect being shot. Sergeant R. Parker and Officer D. Kirkley arrived on the scene and was able to take custody of the wounded but still armed suspect without anymore shots being fired. They then began to protect the crime scene, recover stolen property and coordinate the notification of necessary personel.~ r I Dispatcher J. Coupland was essential in handling all the radio traffic and telephones. She continued to handle calls for service while also contacting ambulance services, Life-Flight, the Fire Dept., Harris Comity Sheriffs Office and the llistrict AtCorneys Office. Not to mention calls from concerned citizens, news media, and other departments. w J /~ Y Y Y •~ .~ 1r. 1r 'f 4 ~..~ w +~ •~ r T ~ ~ • ~~. i 2 ., ., .A ; ~ ,t Chief B.L. Powell arrived on the scene and saw to my welfare and safety as if I was one of leis own officers. Knowing that I would be interviewed by the Barris County lIomicide Investigators and the Harris County District Attorneys Shooting Investigators, he .made his office available for our comfort and convenience. Chief Powell stayed at the station until the conclusion of the investigation and saw that anything needed was supplied. ~ s. Officer D. Cook was off duty at the time of the incident and heard the call on her scanner. Knowing that my brother in law (Sgt. Mike Edgmon) was not in town, she proceeded to my sisters house. She advised them that I was not seriously injured and saw that my mother and sister arrived at the scene safely and were able to talk with me. Officer Cook accompanied me in the ambulance, stayed at the hospital, returned to the scene, and then to the station. Slie saw that necessary personal had access Co me and all other stayed away. I would like to commend Sgt. R. Parker, Officer D. Kirkley and Disp. J. Coupland for their professional actions and attitudes. And the same to Chief B.L. Powell and Officer D. Cook plus a personal debt of gratitude for going above and beyond the call of duty. Each one is a credit to~their~profession and to the City of La Porte. .~~s Officer Frank Suggs Jr. Morgan's Point Police Department f • NOMINATION FORM • 'EMPLOYEE OF THE QUARTER' CITY OF LA PORTE LA PORTE, TEXAS EMPLOYEE'S NAME: ~DV~ FIY~ 1'~/~ EMPLOYEE'S JOB TITLE: ~~ ` ~~ D~G``~~Y1 GATE OF EMPLOYMENT: O ~ " ~ t~ YES NO 1. Has completed six (6) month introductory period. 2. Any reprimands in personnel file during past twelve (12) months. 3. Excellent safety record. (vehicle and rpe~rsonal) '/ `~ 4. For the past twelve (12) months, V(M ~--1'~~~~.1 has received the following overall score on his/her evaluation: (please check one only) Superior ~- ~ Excellent Satisfactory 5. Has this employee been recommended before for the "Employee of the Cuarter" award? YES ~ NO 6. If yes, please state when and by wham. 7. Has this employee been selected before for "Employee of the quarter"? YES '~ NO 8. If yes, please state when. 9. Please write a paragraph explaining why this employee is being nominated for "Employee of the Cuarter". (attach supplement pages as needed) SUPERVISOR'S SIGNATURE: l/Y ~2C DATE: 0 ~ J ^ ~~ • NOM/NATION FORM • 'EMPLOYEE OF THE QUARTER' CITY OF LA PORTS LA PORTS, TEXAS EMPLOYEE'S NAME: 12Ov~ A'L 17 1'"~ ` ~'~/T~ F-~~ EMPLOYEE'S JOB TITLE: SE2G ~~~~ DATE OF EMPLOYMENT: ~~' ~`~~ ~~~ YES NO 1. Has completed six (6) month introductory period. ~ Z. Any reprimands in persornel file during past twe lve (12) months. ./^ Y 3. 4. Excellent safety record. (vehicle and~rs~a/nal) For the past twelve (12) months, '_ ' '"""' n .-,/~ 1 ~' ` V has received the fallowing overall score on his/her evaluation: (please check one only) Superior ~" ~ Excellent Satisfactory 5. Has this employee been recommended before for the "Employee of the Quarter" award? i~ TES NO 6. If yes, please st to when and by wham. ~ r~ ~ _ , c~ K • ~(4s 7. Has this employee been selected before for "Employee of the Quarter"? YES ~ NO 8. 9. SUPERVISOR'S SIGNATURE: DATE: If yes, please state when. Please write a paragraph explaining why this employee is being nominated for "Employee of the Quarter". (attach suaalement aa9es as needed) NOMINATION FORM • 'EMPLOYEE OF THE QUARTER' CITY OF LA PORTE LA PORTS, TFXAS EMPLOYEE'S NAME: ~ ~ ~ ~A ~ ~~ EMPLOYEE'S JOB TITLE: I ~L~ ~ ~~ ~ CE DATE Of EMPLOYMENT: O ~ ' ~ ~~ YES NO 1. Has completed six (6) month introductory period. 2. Any reprimands in persomel file during past twelve (12) months. • 3. Excellent safety record. (vehicle and personal) ,r~ 4. for the past twelve (12) months, ~ ~ K ~ ~ ` D OK " has received the following overall score on his/her evaluation: /(please check one only) Superior ~ • Excellent Satisfactory 5. Nas this employee been recommended before for the "Employee of the Quarter" award? YES ~ HO 6. If yes, please state when and by whom. 7. Has this employee been selected before for "Employee of the Quarter"? YES ~ NO 8. 9. SUPERVISOR'S SIGNATURE~~ , DATE: ~~Z 3"-9~ If yes, please state when. Please write a paragraph explaining why this employee is being nominated for "Employee of the Quarter". (attach supplement pages as needed) (~~~'. !0 ~ 1~igZ O~i"t~e.Y- ~ONNOL C'oo~. In~aS ihyoly~ ~~ Qcti. . --,, NOM/NAT/ON FORM 'EMPLUYfE OF THE QUARTER" C/TY OF LA PORTS LA PORTS, TEXAS EMPLOYEE'S NAME: r] O ~K ~ ~-CJVI (~ (J ~--v EMPLOYEE'S JOB TITLE: ~J~ 5 {'rT'1 G I'~E DATE OF EMPLOYMENT: V~'- ~ ~ ~ l Q YE5 NO 1. Has completed six (6) month introductory period. 2. Any reprimands in personnel file during past twelve (12) months, y 3. Excellent safety record. (vehicle and personal) _J~ 4. For the past twelve (12) months, ~'SD ~K h ~(~ ~~~ has received the following overall score on his/her evaluation: (please check one only) Superior ~' V Excellent Satisfactory S. Has this employee been recommended before for the "Employee of the Quarter"~ /award? YES y NO 6. If yes, please state when and by whom. 7. Has this employee been selected before for "Employee of the Quarter"? YES ~ NO 8. If yes, please state when. 9. Please write a paragraph explaining why this employee is being nominated for "Employee of the Quarter". (attach supplement pages as needed) ~• n SUPERVISOR'S SIGNATURE: // DATE: 02 -Z.3 ~J • • REQIIEST FOR CITY COIINCIL AGENDA ITEM Agenda Date Requested: A]oril 12 199~~3~~' Requested By: Charles Harrington~~~'~ Department: Planning X Report Resolution X Ordinance Exhibits: 1. Board of Adjustment approval letter; Special Exception SE92-006 2. Transmittal letter to Mayor and City Council from the Planning and Zoning Commission 3. Staff Report 4. Joint parking agreement the La Porte Independent 5. Public Notice replies 6. Special Conditional Use between Zion Hill Baptist Church and School District. Permit SCU93-002 SUNIlKARY & RECOMMENDATION Summary Zion Hill Baptist Church is located at 420 North 6th Street. The property on which the church is located is zoned as R-1, Low Density Residential. Zion Hill intends to demolish their existing sanctuary building and replace it with a new structure. Due to the R-1 Zoning of the property, a Special Conditional Use Permit is required for construction of the new sanctuary. Due to the size of the church's property, the first issue to be addressed was parking. The church, as a precursor to this request, went before the Board of Adjustment and requested a special exception to on premise parking requirements. Under the terms of this exception, which was granted on February 25, 1993, required parking for the new sanctuary has been reduced from 48 to 35 spaces. Additionally, the requirement that parking be located on premise was waived. Required parking, as in the past, will be provided by the parking lot of the DeWalt Alternative School which is located at 601 West Madison. Subsequent to approval of the Special Exception, the church requested a Special Conditional Use Permit to allow construction of the new sanctuary. The Commission considered this request at their March 18, 1993 meeting and by a unanimous vote of members present, recommended approval of this request. Chairman Waters, in her transmittal letter, recommended adding a permit condition requiring the church to submit to the City, a formal joint parking agreement between the school district and themselves. This has been done. Staff has received a letter from the La Porte Independent School District formalizing the existing parking agreement. This letter satisfies both the stipulations of the Special Exception granted by the Board of Adjustment and the recommendation of the Planning and Zoning Commission. In preparation for the City Council Public Hearing, staff mailed hearing notices to the owners of all properties located within 200 feet of the Zion Hill tract. The mail out consisted of 19 notices. As of Monday, April 5, the date on which this request is being prepared, two notice replies have been received. One reply is in opposition. The other contains questions and comments, but does • CJ not take a position either in favor of or in opposition to the request. Should any additional replies be received, staff will present them to Council during the course of the April 5, public hearing. Recommendation Staff concurs with the Planning and Zoning Commission and subject to the special condition noted in Chairman Water's transmittal letter, recommends approval of Special Conditional Use Permit Request SCU93-002. Action Required by Council: 1. Conduct Public Hearing 2. Consider approval or denial of SCU93-002 Availability of Funds: N/A General Fund Water/Wastewater Capital Improvements General Revenue Other Sharing Account No.: Funds Available: Yes No Approved for City Council Agenda Robert T. Herrera Date City Manager ~ • '~TTV (1F~,A P(1RTF ~. February 26, 1993 Zion Hill Baptist Church 430 North 6th Street La Porte, TX 77571 Re: Special Exception Request #SE92-006 Dear Sirs, CERTIFIED MAII, #P 380 717 950 The La Porte Zoning Board of Adjustment, at its February 25, 1993, meeting, approved Special Exception Request SE92-006. This exception applies to the proposed church sanctuary which Zion Hill Baptist Church is to construct on Lots 1-4 of Block 90; Town of I.,a Porte. This property is further described as 430 North bth Street. The terms of this Special Exception are as follows: Required parking for the proposed Zion Hill Baptist Church sanctuary, which is to be located at 430 North 6th Street, shall be reduced to 35 spaces. All required parking may be provided by the De Walt Alternative School parking lot which is located at 601 West Madison. A formal parking agreement between the La Porte Independent School District and the Zion Hill Baptist Church shall be filed with the City in accordance with the provisions of Zoning Ordinance 1501, Section 6-600F. Sincerely, '~ // J ~~ y Dr. 15eborah Berna Y Chairman, La Porte Zoning Board of Adjustment ~, ~ ~ , / % Charles R. Harrington Director of Planning xc: Zoning Board of Adjustment Members Mayor and City Council Robert T. Herrera, City Manager John Joerns, Assistant City Manager John Armstrong, Assistant City Attorney ~~ Apri15, 1993 • CITY OF L• PORTE PHONE (713) 471-5020 • P. O. Box 1 1 15 • LA PORTE, TEXAS 77572 Honorable Mayor Norman Malone and City Council City of La Porte Re: Special Conditional Use Permit Request #SCU93-002 Dear Mayor Malone, The La Porte Planning and Zoning Commission, at its March 18, 1993 public hearing and regular meeting, considered Special Conditional Use Permit Request SCU93-002. This permit has been requested by Zion Hill Baptist Church. The Church, which is located at 430 North 6th Street, intends to demolish its existing sanctuary building and replace it with a new structure. The property on which the church is located is zoned R-1, Low Density Residential. Zoning Ordinance Section 5-600 designates religious institutions as Conditional Uses in R-1 Zones. The church has requested this permit to allow construction of the new sanctuary building. The Commission, by unanimous vote of members present, has recommended City Council approval of Special Conditional Use Permit #SCU93-002. As required parking for the church is to be provided at the DeWalt Alternative School which is located at 601 W. Madison, the Commission recommends attaching the following condition to this permit. • No permit for construction of the proposed sanctuary building shall be issued prior to submittal of a joint parking agreement as specified by Special Exception SE92-006, granted by the Zoning Board of Adjustment on February 25, 1993. Page 2 of 2 Mayor and City Council SCU#93-002 Respectfully submitted, ~~C,'/ Betty T. aters Chairman, Planning and Zoning Commission xc: Robert T. Herrera John Joerns John Armstrong Planning and Zoning Commission Members C Requested BX: Zion Hill Baptist Church, 430 North 6th Street which is further described as Lots 1-4; Block 90; Town of La Porte Zoning: R-1 Low Density Residential Purpose of Request: Zion Hill Baptist Church, located at 430 North 6th Street, is proposing to demolish their existing sanctuary building and replace it with a new structure. Zoning Ordinance Section 5- 600, Table A, designates religious institutions as a Conditional Use in R-1 zones. A Special Conditional Use Permit is required in order to allow construction of the new sanctuary building. Background: The Zion Hill Baptist Church was established in its present location in 1903. Due to deterioration of the original sanctuary building, the church has decided to replace it with a new structure. The new sanctuary is to be located on the same site, but in a somewhat different position (see Exhibit A). There is an existing "Fellowship Hall" located on the property. This structure is to remain. Parking, under the terms of a special exception granted by the Board of Adjustment, will be provided off site at the De Walt Alternative School (see Exhibit B). As noted, under the terms of Zoning Ordinance Section 5-600, Table A, religious institutions are classified as conditional uses in R-1, Low Density Residential zones. A conditional use permit, as well as being necessary for construction of new churches, is also required for substantial expansion, renovation or modification of existing facilities. Zoning Ordinance Section 5-800 establishes "Special Use Performance Standards" for Conditional Uses in Residential Zones. As these standards are somewhat lengthy, they are noted in an abbreviated form in this report. The full standards can be found on pages 38-41 of the Zoning Ordinance. ! ~ Page 2 of 4 Planning & Zoning Commission Zion Hill Baptist Church SCU93-002 Analysis: Residential Performance Standards, as they apply to this request, are as follows: A. Landscape Buffers: Landscape buffers are required at the perimeters of parking areas. As there is to be no on site parking, the requirement for landscape buffers is not applicable. The church will, however, be required to develop landscape areas in accordance with the provisions of Zoning Ordinance Section 5-800, Table B. Compliance with landscape requirements will be verified as a component of certified site plan review. B. Traffic Control: As noted, the church has existed at this location since 1903. The majority of the congregation is drawn from the immediately surrounding neighborhood. There are presently no significant traffic control problems in the neighborhood as a result of church activities. The present sanctuary seats approximately 130 people. The proposed sanctuary will seat approximately 150 people. Construction of the new sanctuary is not expected to significantly impact present traffic flow or traffic i~olume. C. Compatibility with Surrounding Area: The church is proposing to build a single story metal building. As shown on Exhibit A, there are to be thirty foot setbacks adjacent to the 6th Street and Madison Street rights-of--way. Under the terms of Zoning Ordinance Section 10-508, these are also the areas in which landscaping must be primarily located. The proposed site of the sanctuary, in conjunction with the grassed and landscaped areas, should result in a facility that is compatible with the surrounding residential neighborhood. • Page 3 of 4 Planning & Zoning Commission Zion Hill Baptist Church SCU93-002 D. Required Licenses Obtained: This provision is not applicable to this request. E. Compatible Alterations & Adequate Parlanp: The issue of compatible alterations is not applicable as the church intends to demolish the existing structure and replace it with a completely new building. The issue of parking has already been addressed by means of a Special Exception granted by the City's Zoning Board of Adjustment on February 25, 1993 (see Exhibit B). Under the terms of this exception, required parking for the new sanctuary has been reduced from 48 to 35 spaces. The exception further waives the requirement of on premise parking and allows the church to utilize the parking lot at the De Walt Alternative School which is located across the street at 601 West Madison. It should also be noted that the Special Exception does not become valid until the church submits to the City, a formal parking agreement with the La Porte Independent School District. Submittal of this agreement, which is to be prepared as specified in paragraph e.3 of Section 6-600F, should be attached as a condition of the requested Special Conditional Use Permit. F. Manufactured Housing Criteria: This provision is not applicable to this request. G. Density Bonus: This provision is not applicable to this request. Page 4 of 4 Planning & Zoning Commission Zion Hill Baptist Church SCU93-002 Conclusion: This request, as presented, satisfies the prerequisite requirements of Zoning Ordinance 1501 and is, therefore, eligible for the requested Special Conditional Use Permit. Staff, based on the facts of this case, recommends approval of Special Conditional Use Permit #SCU93-002 subject to the following condition: 1. No permit for construction of the proposed sanctuary building shall be issued prior to submittal of a joint parking agreement as specified by Special Exception SE92-006, granted by the Zoning Board of Adjustment on February 25, 1993. • • ~~ }5 ffi ~-~ MADISON (N. "D' ST.) ~ N N.T.S. . io EAST - 126' ~10' SIDE SETBACK - _ A J~ I g Y K N I ~ 1-fifi 1 ~ ~ m ' r W N J ~ 10' SIDE SETBACK f.- WEST - 126' f~ Z EXHIBIT A La Po~ Indej~endent Schoor ]district RicJ~ard F. Hays Superintendent of Schools March 10, 1993 Joe Durden, Pastor Zion Hill Baptist Church 430 North Sixth Street La Porte, TX 77571 Dear Rev. Durden: The La Porte Independent School District will continue to honor the oral agreement for using the De Walt Campus parking facility at 430 North Sixth Street for evening _ and week-end services. Sincerely, a~ , Richard Hays, Superintendent of Schools /jc BOARD OF TRUSTEES President Pat Stucldert Vice President Ken Scblatber Secretary Cbar[te G. Perry Trustees Bill Bentley Cleo Davison Mike McLaughlin Nina. Zocb 301 East Fairmont Parkway Superintendent's Office (713) 471-3730 Ia Porte, Texas 77571 Administration Fax (713) 470-6537 (713) 471-0950 Business Office Fax (713) 471-ON38 ~EETING OF THE LA POR~ City Council (Type of Meeting) _ _ -__ ~ _,~ ,~ Special Conditional Use Permit Request #SCU93-002 (Type of Request) I HAVE RECEIVED NOTICE OF THE ABOVE REFERENCED PUBLIC HEARING AND I AM IN FAVOR OF OR I AM ~ IN OPPOSITION OF GRANTING THIS REQUEST FOR THE FOLLOWING REASONS: ~~. ~ u,re p laws w i l` Re 4u~.te wt ~ ors K -~n lie 20 al ~ n(`6~ UkAr~ro` etO -tG.a_ F~1.ocuc o F L~.Mr g Is -~ w iES ~ o p '~ ~ ~ C44tr•.~.{k Srt~ . W~ ~e~ New co,~stirwc.iw~ ~^~~ O~nlDer' i~ ~twfp ~P.th4 too iC vw o a -{- ~ ~ a ctir l.Jr/~ t/ W ~ TN• /l,~..c~ D~ Q~~'f ec~' ~ 'C'am. --~ t C ~+w-GWr ~rtAD ~'CS ++~~ w•A~Ra W~ w,wy ~ Rz u~ pg~J dal 0 Q Qe S ~~~['~a`nl ( l tkl5 RC4~l°s't SIG TURF ~~~ ~~~~ NAME (PLEASE PRINT) t o 30 l l~a~b'Pnw~s-f' Frees k--~ ~- y a8 HOME ADDRESS k~wg~o ~ 1~1n ~ "]p ~ ~ A~EETING OF THE LA POR~ City Council (Type of Meeting) HAS BEEN SCHEDUL] April 12, 1993 (Meeting Date) ~D FOR ~ ,~,~,;~ ,~, ~ ~ ~. . ~3 Suecial Conditional Use Permit Request #SCU93-002 (Type of Request) I HAVE RECEIVED NOTICE OF THE ABOVE REFERENCED PUBLIC HEARING AND ~~ ~heZ~.Lcse/ ~ri.r,~r, riui~ i ~ HOME ADDRESS ~7c~ /~ I AM IN FAVOR OF OR I AM IN OPPOSITION OF GP;ANTING o~~ ~ ? THIS REQUEST FOR THE FOLLOWING REASONS: L'~'~'"v • CITY OF LA PORTE Permit No. SCII93-002 SPECIAL CONDITIONAL USE PERMIT CLP Job No. N/A ORDINANCE 1501 This permit is issued to: Reverend Joe Durden. Zion Hill Baptist Church Owner or Agent 430 North 6th Street Address For Development of: Zion Hill Baptist Church Sanctuary Development Name 430 North 6th Street Address Legal Description: Lots 1-4• Block 90• Town of La Porte Zoning: R-1, Low Density Residential Permit Conditions Failure to begin construction within one (1) year after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If construction is terminated after the completion of any stage and there is ample evidence that further development is not contemplated the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon it's own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Additional Conditions -See Exhibit N A Validation Date: April 12, 1993 Director of Planning City Secretary ORDINANCE NO. 93- 1894 AN ORDINANCE CONFIRMING THE APPOINTMENT OF A CITY SECRETARY BY THE CITY MANAGER; 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 of the City of La Porte hereby confirms the City Manager's appointment of Marjorie Sue Lenes to the office of City Secretary of the City of La Porte, in accordance with Section 3.03 of the Home Rule Charter of the City of La Porte. This appointment shall be effective May 1, 1993. 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 12th day of April, 1993 CITY OF LA PORTE BY Norman L. Ma one, Mayor ATTEST: C erie B ac , Ci Secre ary ~E DGl/ Knox W. As ins, City Attorney CJ • ORDINANCE NO. 93- 1895 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH FMC CORPORATION, WITHIN THE BAYPORT INDUSTRIAL DISTRICT FOR THE TERM COMMENCING JANUARY 1, 1987, AND ENDING DECEMBER 31, 1993. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby finds, determines and declares that FMC CORPORATION has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 1987, and ending December 31, 1993, a copy of proposed industrial district agreement being attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Council, and the City Secretary of the City of La Porte, Texas, be, and they are hereby, authorized and empowered to execute. and deliver on behalf of the City of La Porte, Texas, the industrial district agreement with the corporation named in Section 1 hereof, a copy of which is attached hereto. 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 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. ORDINANCE NO. 93-1895 Page 2 Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 12th day of April, 1993. CITY OF LA PORTE BY Norman L. Ma one, Mayor ATTEST: C erie B ac City Secretary APPROVED: Knox W. As ins City Attorney DUE TO LENGTH OF CONTRACT IT IS NOT INCLUDED IN THIS AGENDA PACKAGE THE CONTRACT IS AVAILABLE FOR INSPECTION IN THE CITY SECRETARY'S OFFICE • • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 12 , 1,,9~~9r/3/~ Requested By: Charles Harringt__ ri.~,lf`Department: Planning X Report Resolution Ordinance Exhibits: 1. Letter from attorney requesting hearing. 2. Letter from Wrecker Committee to Tim DeWalt. 3. Excerpt of Wrecker Ordinance SUNIIKARY & RECOMMENDATION Summary On March 9, 1993, the City of La Porte Wrecker Committee, consisting of Charles Harrington, Aaron Corrales, John Armstrong, and Cherie Black, heard an application for a new wrecker permit by Mr. Tim DeWalt. Following the taking of testimony and information gathered during the hearing process, the Wrecker Committee unanimously voted to deny the request of Mr. Tim DeWalt based on the reasons stated in the attached letter of March 17, 1993. Mr. DeWalt, in accordance with the provisions of Section 6-10 of the Auto Wrecker and Towing Ordinance of the City of La Porte (see attached), has now requested in his letter of March 25, 1993, that the City Council hear an appeal of the denial of his request. As stated in Section 6-10, the Council may now decide to either deny his request for a hearing or to grant the request and set a public hearing to take testimony on the denied application. Recommendation As no information was provided to the Council that would justify overturning the Committee action, the staff recommends denial of the request for a Public Hearing. Action Required by Council: 1. Uphold Wrecker Committee decision and deny request. 2. Set Public Hearing to hear appeal by Tim DeWalt if Council chooses not to follow staff's recommendation. Availability of Funds: N/A General Fund Water/Wastewater Capital Improvements General Revenue Other Sharing Account No.: N/A Funds Available: Yes No Approved for City Council Agenda G~ T, ~ - -~ - a ~ Robert T. Herrera Date City Manager RA LYNN F Attorney at Law 3515 Preston, Suite 101 Pasadena, Texas 77505 (713) 487-1993 FAX: (713) 487-1995 R C~1VE~ ~ \a~ March 25, 1993 PLANNING City Secretary City of La Porte 604 West Fairmont Parkway La Porte, Texas 77571 Dear City Secretary: RE: Appeal Notice - City of La Porte Wrecker Permit This letter is to notify you that Tim De Walt, dba DeWalt's Towing Too, is appealing the decision of -the City of La Porte Wrecker Committee denying his application for a wrecker permit. This notice is being given within ten (10) days from the receipt. of written notice from you, dated March 17, 199,3, of the denial of the application by the Committee, as provided in the Auto Wrecker and Towing Vehicle Ordinance. Please notify me and my client, Tim De Walt, of the date and time for this appeal to be heard by the City of La Porte City Council. ~You(rs very truly, Sandra Lynn armer copy to Charles D. Harrington Chairman, Wrecker Committee City of La Porte John D. Armstrong Assistant City Attorney City of La Porte Tim De Walt March 17, 1993 Ms. Tim DeWalt, dba DeWalt's Towing Too 11618 North L Street La Porte, TX 77571 RE: Application for City of La Porte Wrecker Permit Dear Mr. DeWalt: Please recall that you met with the City of La Porte Wrecker Committee on March 9, 1993 at 2:00 o:'clock p.m., said meeting taking place in the City Council Chambers of the City of La Porte, 604 W. Fairmont Parkway, La Porte, Harris County, Texas. Please fur ~'~er recall that you were accompanied at said meeting by your attorney, Martha Blackford. The members of the City of La Porte Wrecker Committee that were present at said meeting included Chuck Harrington, Chairaan of '~.he Committee, Cherie Black, City Secretary and Committee member, and La Porte Policy Department Lt. Aaron Corales, acting as representative of Chief of Police, Bobby Powell. Also present at the meeting was John Armstrong, Assistant City Attorney for the City of La Porte. The meeting was called pursuant to notice in order to allow you to make application on behalf of DeWalt's Towing Too for an auto. wrecker permit. The Committee called to order a public hearing on the issue, and you were allowed to present your case to the Committee in making application for an auto wrecker permit on behalf of DeWalt's Towing Too. The Committee found that all prerequisites established in the Auto Wrecker and Towing Vehicle Ordinance for holding the hearing had been met. The Committee further found that notice was appropriately posted as required by the Auto Wrecker Towing and Vehicle Ordinance of the City of La Porte. The Committee then proceeded to take into consideration your testimony, as you attempted to establish whether or not public convenience and necessity exists. for the issuance of a wrecker permit for a wrecker to be operated by DeWalt's Towing Too. • • Mr. dim DeWalt, dba DeWalt's Towing Too March 17, 1993 Page 2 The Committee found: 1) that you are financially responsible, since you already carry three small wrecker permits and one heavy- duty wrecker permit, according to your testimony, with the City of La Porte; 2) you are proposing one vehicle on the new wrecker tag requested on behalf of DeWalt's Towing Too; 3) you are proposing to operate a 1985 Chevrolet one-ton pick-up as your towing vehicle; 4) the impact of~ your additional towing vehicle upon traffic congestion would be negligible; 5) you had procured or would pracure all insurance required by the Auto Wrecker and Towing Vehicle Ordinance; 6) you had paid all City ad valorem taxes and other taxes to the date of the meeting on March 9, 1993; 7) the towing vehicle you propose to operate under the new wrecker permit would be operated by yourself or an employee that would be existing in a bona fide employer/employee relationship wiL~.h DeWalt's Towing Too; 8) you propose to own the towing vehicle to be operated under the proposed wrecker permit; and 9) seven auto wreckers currently are in existence and licensed, including three in existence and licensed by DeWalt's Towing or affiliated entities. However, the Committee also finds that DeWalt's Towing Too does not have access to a properly fenced storage facility for wrecked vehicles located within the city limits of the City of La Porte as revised in the City of La Porte Auto Wrecker and Towing Vehicle Ordinance. The location that you testified to the Wrecker Committee was properly fenced and hard-surfaced in accordance with City ordinances at 1103 North Broadway is in fact not fenced at all, and is in fact not hard-surfaced or surfaced to control dust in accordance with City ordinances. The Committee ascertained this by physically examining the property located at 1103 North Broadway. There is only one facility in the area within the city limits of the City of La Porte in which wrecked cars are currently kept, and that facility is not fenced. That facility also happens to carry the address 1103 North Broadway, so that there can be no confusion as to, which facility is being discsssed. Finally, the Committee finds that you wholly failed to meet your burden of proof with regard to whether or not the requirements of public convenience and necessity can be met and complied with only by the issuance of an additional certificate of public convenience and necessity for auto wreckers. Only one piece of evidence was submitted at the meeting by you, that being '.hat the city limits of the City of La Porte have increased since the last addition of a new wrecker permit, in 1985. No evidence was produced indicating that the number of vehicles wi;whin the City of La Porte have increased, the number of roads and streets within the City of La Porte have increased during '~liat time period, or whether ~J Mr . Tim Dei~7alt, dba Deidalt' s Towing Too March 17, 1993 Page 3 • or not the number of accidents within the City of La Porte has increased during the same time period. The Police Department indicates that there has been no delay in obtaining wreckers to respond to accident scenes, indicating that there is no necessity to increase the number of auto wreckers currently in service and on the wrecker rotation. In fact, no evidence was produced whatsoever to indicate that the requirements of public convenience and necessity could be complied wi~~.h only by the issuance of an additional certificate of public convenience and necessity for auto wreckers. No evidence was produced indicating that public convenience and necessity was not currently being served and that there was a need to add an additional wrecker to the rotation as the only method by which the continuing public convenience and necessity could be met and complied with. _ The Committee i s i nstr'lcting ~,.he City Secretary to notify yvu of the Committee'5 denial of your application for a wrecker permit on or before March 19, 1993, mat being ten days from the last date of the hearing by delivering a copy of this letter to you. You need to be further advised that within ten days from the receipt of this written notice, yvu have the right to appeal the decision of the Committee to the City. Council of the City of La Porte, as provided in the Auto Wrectier and Towing Vehicle Ordinance. I Very ~tziily yours , , / ~` / ./ C.~ ~ " ,~~, ; , Charles R. Harri~on, Chairman, Wrecker Committee City of La Porte cH/rf xc: Wrecker Committee John D. Armstrong Assistant City Attorney City of La Porte Martha Blackford Attorney at Law i Ordinance 1746 Auto Wrecker and Towing Vehicle Page 8 Sec..6-8. Issuance of Certificates of Convenience and Necessity for Auto Wrecker Permits. If the committee finds after the hearing and investigation that public convenience and necessity exists for the operation of said auto wreckers that have been applied for, the committee shall then instruct the City Secretary to notify the applicant in writing within ten (10) days from the last date of the hearing that such vehicle or vehicles are authorized to operate under the provisions of this chapter so long as they are in compliance with all of the provisions hereof and all federal, state, county and city laws and ordinances. The committee shall also instruct the City Secretary to publish an official notice of its findings in the newspaper within such time. Sec. 6-9. Denial of Certificate of Convenience and Necessity for Auto Wrecker Permits. If the committee finds from its hearings and investigation that convenience and necessity does not exist for the operation of the vehicle or vehicles applied for, it shall instruct the City Secretary to so notify the applicant in writing within ten (10) days from the last date of the hearing. An applicant who has been denied a permit or permits by the committee, and whose appeal to the City Council as hereinafter provided, is denied, or the decision not having been appealed to the committee, shall not be permitted to make another application for six (6) months from the date of his filing of the application for the auto wrecker permit. Sec. 6-10. Appeal from the Findings of the City Wrecker Committee. After the committee has made its findings and declares same, the applicant, or any person opposing the said application who entered an appearance at the hearing before the committee, shall have the right to file ari appeal within ten (10) days from the receipt of the City Secretary's written notice, or from the date of the published notice, as applicable. The appeal shall be in the form of a letter addressed to the City Secretary stating that an appeal from the decision of the committee is desired. The City Secretary shall notify the City Council of such appeal, and the Council, as soon as practicable, after receiving said notice of appeal together with the findings of the committee, shall grant or deny, in open session, such application for a hearing. If a hearing is granted, the City Council shall sustain, modify or reverse the findings made by the committee and shall so notify the City Secretary of its findings. The findings of the City Council shall be final. If no appeal is made to the City Council from the committee's decision within ten (10) days, as indicated above, then such decision shall become final. Sec. 6-11. Fee for Auto Wrecker Permits. The permit fee to operate an "auto wrecker" or "auto wreckers" shall be FIFTY DOLLARS ($50.00) per year for each "auto wrecker" which the owner is licensed to operate. All permits shall expire on the 31st day of December of each year and shall then be renewed until the next succeeding thirty-first day of December. If a permit is granted subsequent to the first day of January in any permit year, the fee shall be paid pro rata for the balance of the year, and any portion of a month shall be considered an entire month in calculating the fee to be charged. KNOX W. ASKINS JOHN D. ARMSTRONG February 15, 1993 ASKINS & ARMSTRONG, P. C. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P.O. BOX 1218 LA PORTE, TEXAS 77572-1218 Mr. Robert T. Herrera City Manager City of La Porte City Hall La Porte, Texas Re: Animal Control Ordinance 7~~ • TELEPHONE 713 471-1886 TELECOPIER 713 471-2047 RECEIVED FEB 1 6 iS~yS CITY MgNgGERS OFFICE ~ ~..- 1 0 •• Y'Y1 s J `...'~ ~-..,, r.c .» ~ . ~ , / f M o~ k ~N~,r O.f G. N Jv y o ~. vr; ~~ set ~ ~ S ~ , rri o~n c~ 19 9 3 . Dear Bob:. PV0^J' `''`~ Rt'1.1 , u-. s~~~ti. a I ~~ I ~3 As requested by City Council, our office working with the police department, has prepared a complete revision to Chapter 5, "Animals and Fowl," of the Code of Ordinances of the City of La Porte, a copy of which is enclosed with this letter. Many matters relating to animals are now regulated by the Texas Health and Safety Code. The proposed draft ordinance includes a reference in Section 5-15, to Rabies Reports and Quarantine, governed by Chapter 826, "Rabies" of the Texas Health and Safety Code; reference in Section 5-17, to Dangerous Dogs, governed by Chapter 822, "Dangerous Dogs" of the Texas Health and Safety Code; and reference in Section 5-19, to Sterilization of Adopted Dogs and Cats, governed by Chapter 828, "Dog and Cat Sterilization" of the Texas Health and Safety Code. For convenient reference of City Council, I have attached photocopies of the above mentioned chapters from the Texas Health and Safety Code. Both the provisions of the City ordinance, and the applicable provisions of the Texas Health and Safety Code, will be enforced by the City's Animal Control Officers. Bob, I would suggest that this ordinance be placed on the agenda of an early City Council meeting, as a workshop item, for discussion by City Council. ORDINANCE NO. 93- AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF LA FORTE, TEBAB, REGULATING ANIMALS AND FOWL; PROVIDING FOR DEFINITIONS; PRESCRIBING DUTIES OF OWNERS AND PERSONS IN CONTROL AND PROTECTION OF ANIMALS; PROVIDING FOR IMPOUNDMENT, REDEMPTION AND DISPOSITION OF ANIMALS; PROVIDING FOR THE RETENTION, OBSERVATION AND DISPOSITION OF DISEASED ANIMALS OR ANIMALS WHICH HAVE BITTEN PERSONS; PROVIDING FOR LICENSING AND VACCINATION OF ANIMALS; PROVIDING FOR AUTHORIZATION OF QUARANTINE OF ANIMALS; PROVIDING FOR A PROCEDORE INVOLVING VICIOUS AND DANGEROUS ANIMALS; DECLARING LA PORTS A BIRD SANCTUARY; REGULATING WILD ANIMALS; PROVIDING FOR CERTAIN FEES AND CHARGES; PROVIDING FOR A PENALTY OF A FINE NOT TO E%CEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. WHEREAS, the present Code of Ordinances of the City of La Porte does not adequately protect the public health, safety and welfare against vicious and dangerous animals, and requires that amendments be made to the Code in order to provide adequate protection to the public health, safety and welfare of the residents of the City of La Porte; ' NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA FORTE: Section 1. Chapter 5, "Animals and Fowl," of the Code of Ordinances of the City of La Porte, Texas, be, and the same is hereby amended to hereafter read as follows, to-wit: ORDINANCE NO. 93- Chapter 5 ANIMALB AND FOWL Art. I. Definitions, §§ 5-1 Art. II. City Animal Control Officers, §§ 5-2 - 5-10 Art. III. Animal Control, S$ 5-11 - 5-26 Art. IV. Animals in Private Custody, §$ 5-27 - 5-32 Art. V. Bird Sanctuary, $S 5-33 Art. VI. Wild Animals, $s 5-34 - 5-37 Art. VII. Baby Chicks, §§ 5-38 ARTICLE I. DEFINITIONS Sec. 5-1. Definitions 2 Animal Control Officer shall mean any person designated by the Chief of Police to represent and act for the City of La Porte, Texas, in the impoundment of animals, controlling of animals running at large and as otherwise provided and required in this article. Director of Public Health shall mean a licensed physician appointed by the City Manager to have charge and control of the work of protecting and preserving the public health. Inhumane Treatment shall mean any treatment to any animal which deprives the animal of necessary sustenance, including food, water or protection from weather, or any treatment of any animal such as overloading, overworking, tormenting, beating, mutilating or teasing, or other abnormal treatment as may be determined by the Director of Public Health, Director of the Animal Control Division, or a law enforcement officer. Kennel shall mean any lot, enclosure, premises, structure or building whereon three (3) or more dogs and/or cats over the age of four (4) months are kept or maintained for any purpose whatever, except a veterinary hospital operated by a graduate veterinarian duly licensed by the State Board of Veterinary Examiners, or the impound facility operated by the City of La Porte. Owner shall mean any person or persons owning, possessing, harboring, keeping or sheltering any animal. Person shall mean any individual, firm, association, syndicate, partnership or corporation, but not including the City of La Porte. ORDINANCE NO. 93- Running at Large: 3 (a) Off Premises: (i) Any dog which is not restrained by means of a leash or chain of sufficient strength and not more than six (6) feet in length to control the actions of such animal while off premises; or (ii) any cat which is off the owner's property. ~ia`~~ (b) on Premises: Any dog not confined ~ premises of owner by a substantial fence of sufficient strength and height to prevent the animal from escaping therefrom, or secured on the premises by a metal chain or leash sufficient in strength to prevent the animal from escaping from premises and so arranged that the animal will remain upon the premises when the leash is stretched to full length. A dog intruding upon the property of another person other than the owner shall be termed "at large". Any animal within an automobile or other vehicle of it's owner or owner's agent shall not be deemed "at large". _ Onprovoked with respect to an attack by an animal shall mean that the animal was not hit, kicked, or struck by a person with an object or a person's body nor was any part of the animal's body pulled, pinched, or squeezed by a person:~~a~~`~i- ~-pc~. Vaccination shall mean an injection of United States Department of Agriculture approved rabies vaccine administered every twelve (12) calendar months by a licensed veterinarian. Veterinarian Hospital shall mean a place where pet animals or livestock are treated for disease or injury, or pet animals are boarded under the supervision of a licensed veterinarian. Veterinary Public Health officer shall mean a licensed veterinarian appointed by the City Manager to aid the D'rector of Public Health in matters pertaining to ass :~~a~,cJE~eu~Q~~p~~r~~ ~c-i-~~ Vicious or Dangerous Animal shall mean: (a) Any animal which because of its physical nature and vicious \~ra~o~~ESp~.e a .3~ is capable of inflicting serious physical harm or death to human beings and would constitute a danger to human life or property; or (b) Any animal which has behaved in such a manner that the owner thereof knows or should reasonably know that the animal is possessed of tendencies to attack or to bite human beings or other animals; (c) Any animal certified by a doctor of veterinary medicine, after ~,%' I ORDINANCE NO. 93- 4 observation thereof, as posing a danger to human life, animal life, or property upon the basis of a reasonable medical probability; or (d) Any animal that commits an unprovoked attack on a person or animal on public or private property; or (e) Any animal that attacks or threatens to attack a person; or (f) Any "dangerous dog" as defined in §822.041, Texas Health and Safety Code. ARTICLE II. CITY ANIMAL CONTROL OFFICERS Sec. 5-2. Establishment of office. There shall be and is hereby created the Animal Control Division, which shall be comprised of one or more Animal Control Officers for the City of La Porte. Sec. 5-3. Appointment of Animal Control Officers. The Chief of Police shall appoint and employ Animal Control Officers, who shall be assigned to the Animal Control Division of the City of La Porte Police Department, and the compensation of such Animal Control Officers shall be such as is authorized from time to time by the City Council. sec. 5-4. Duties of Animal Control Officers. It shall be the duty of said Animal Control Officers to take up any and all horses, mules, cattle, sheep, swine and goats, or other animals that may be found in and upon any street, alley, or in or upon any vacant or unenclosed lot in said City, and to confine them for safekeeping. Said Animal Control Officers shall keep a record of all animals received and discharged by them, giving marks and brands as well as flesh marks, and when any animal is taken from the custody of the Animal Control Officers by any owner or his agents, such owner or agents shall sign a receipt for the animal or animals so taken, giving a description corresponding with the records in charge of the Animal Control Officers, and state on such receipt the amount paid as charges against such animal or animals. Sec. 5-5. Powers of Citiaens and Officers. Any officer or citizen of the City of La Porte is hereby authorized to take up and deliver to the Animal Control Division any animals mentioned in this chapter that may be found running at large in the corporate limits of the City. ORDINANCE NO. 93- 5 SeC. 5-6. Fees. For each and every animal, other than dogs, taken and impounded there shall be paid to the City of La Porte by the owner thereof or his agents the sum of fifteen dollars ($15.00) for the taking up and impounding of same, and the further sum of two dollars ($2.00) per day for each and every day except the first day that the animal shall remain in the custody of the Animal Control Division. Such fee being charged for the purpose of covering the costs of feeding and caring for such animal, and when such animal or animals are sold in accordance with the provisions of this article, the further sum of two dollars ($2.00) shall be charged for selling same. And further, for each male animal capable of breeding, such as boars, stud horses, jacks or bulls, found running at large and impounded, there shall be an additional charge of five dollars ($5.00) each which shall be paid by the owner or his agent for impounding of same. Sec. 5-7. Rights of Owners of Impounded Btock. Any person who may own any animal heretofore named which has been impounded shall have the right to take possession of such animal by applying to the Animal Control Division and paying the fees hereinabove provided for. SeC. 5-8. Sale of Impounded BtOCk. If the owner of the animal impounded as hereinbefore provided for .does not either in person or by his agent, apply for possession of such animal within ten (10) days from the date of impoundment, then the Animal Control Division shall sell the said animal to' the highest bidder at public auction, and the proceeds of such sale be delivered to the City of La Porte. Sec. 5-9. Duties of the Animal Control Officers as to Impounded Stock. It shall be the duty of the Animal Control Officers when any animal mentioned in this article is impounded to immediately give notice by posting an advertisement on the bulletin board of the City Hall, describing such animal and stating that if the same is not called for within ten (l0) days, and charges for taking, keeping and advertising the same are not paid, it will be sold according to law. Sec. 5-10. Disposition of Fees. The money received for impounding, keeping and selling all stock impounded shall be paid to the City of La Porte and receipt taken :. ~: :_ ORDINANCE NO. 93- 6 therefor, such money to be credited to the general fund of the City, and when any owner or agent shall apply for the proceeds of any animal or animals sold, upon making satisfactory proof before the City Council within six (6) months after the date of sale, that such animal or animals at the time the same were impounded were their property, the City Council shall allow the claimant such an amount as shall appear to be due after deducting the charge of impounding, feeding, and selling said animal. All monies not so claimed shall escheat to the City. ARTICLE III. ANIMAL CONTROL Sec. 5-11. Duties of Owners and Persons in Control and Protection of Animals. It shall be unlawful for any owner or person to: (a) Fail to prevent any animal from running at large within the corporate limits of the City. (b) Perform, do or carry out any inhumane treatment against any animal. (c) Interfere with or molest any dog used by the Police Department of the City of La Porte in the performance of duty of such department. (d) Keep, possess, own, control, maintain, use or otherwise exercise dominion over any animal or animals which by reason of noise, odor or sanitary conditions become offensive to a reasonable and prudent person of ordinary tastes and sensibilities, or which constitute or becomes a health hazard. (e) Keep or harbor any dangerous vicious animal or animals within the corporate limits of the City. (f) Keep, maintain, own or operate a dog kennel or cat kennel in any residential district within the corporate limits of the City. Sec. 5-12. Confinement of Certain Dogs. No dog of fierce, dangerous, or vicious propensities nor a female dog in heat shall be allowed upon any street, sidewalk, park or other public place in the City, whether or not said dog is under control by means of a leash, chain or otherwise. This section shall not apply to such dogs when confined within a vehicle. • sec. 5-13. Impoundment, Redemption and Disposition. ORDINANCE NO. 93- 7 (a) Any dog running at large in the City of La Porte, or any dog not provided with a collar or harness to which is attached a metal license tag and a tag furnished by the veterinarian showing that said dog has been vaccinated, shall be impounded by an Animal Control Officer, Chief of Police or their authorized representatives, in a place provided for that purpose, and if such dog is not called for by the owner within seventy-two (72) hours after impoundment, the dog shall be destroyed humanely. The owner of any dog impounded shall be permitted to repossess such dog upon the payment to the City of La Porte of a pound fee of five dollars ($5.00), if the dog is currently vaccinated and licensed as required by this Code. If the dog is unvaccinated the pound fee shall be ten dollars ($10.00), and the dog shall be vaccinated and licensed as required by this Code, at the owners expense, before it shall be released to the owner. The owner shall have the burden of proof as to vaccination and licensing. If the impounded dog is a female in heat, the pound fees above provided for shall be doubled. (b) The registration permit fee established by resolution of the City Council for all animals covered under this article shall be payable to the City of La Porte and shall be due January 1st of each year. (c) A certificate of vaccination must be presented to the Animal Control Division of the City before a registration permit will be issued. Sec. 5-14. Licensing and Vaccination. (a) The owner of a dog or cat is hereby required to make application to the Director of the Animal Control Division of the City for a registration permit. Such applications are to contain information of the animal's description, date of immunization, and name, address and telephone number of owner. Upon completion of the application and payment of the permit fee established by resolution of the City Council, a metal tag will be issued to the owner to be attached to the collar of the dog or cat. (b) The owner of a dog or cat shall have the animal vaccinated against rabies by the time the animal is four (4) months of age and at regular intervals thereafter as prescribed by rules of the Texas Board of Health. A veterinarian who vaccinates a dog or cat against rabies shall issue to the animal's owner a vaccination certificate in a form that meets the minimum standards approved by the Texas Board of Health. The City of La Porte may not register or license an animal that has not been vaccinated in accordance with this section. At the time of the vaccination, a metal tag shall be issued by the veterinarian showing the name of the • ORDINANCE NO. 93- g veterinarian, the tag number, and the year of issuance. Such owner shall retain the certificate of vaccination until the vaccination is renewed. (c) Lost or stolen permit tags may be replaced by payment of a fee established by resolution of the City Council and presentation of the registration application. If a tag and registration application are both lost or stolen, a new license must be purchased at the regular fees. Sec. 5-15. Rabies Reports and Quarantine. Rabies reports and quarantines shall be governed by the applicable provisions of Chapter. 826, "Rabies" of the Texas Health and Safety Code, as the same shall be amended from time to time. Sec. 5-16. Barking Dogs. Any person who shall harbor or keep on his premises, or in his control, any dog which by loud, prolonged or repetitive barking or howling, shall cause a breach of the peace and quiet of the neighborhood, or the occupants of surrounding premises to be disturbed, shall be guilty of a misdemeanor. Sec. 5-17. Dangerous Doqs. "Dangerous Dogs" shall be governed by the 822, "Dangerous Dogs," of the Texas Health same may be amended from time to time. Sec. 5-18. Guard Doqs. (a) Definitions. provisions of Chapter and Safety Code, as the (1) Guard Doq is any dog that is utilized to protect commercial property, as defined below. (2) Commercial property is (i) a portion of land and/or buildings zoned for, or utilized for commercial business uses in the City, including temporary sites; or (ii) any vehicle utilized for commercial business purposes in the City. (3) Handler is a person who is responsible for and capable of controlling the operation of a guard dog. (4) Housing is any location where the guard dog is kept when not utilized for protection purposes. ORDINANCE NO. 93- 9 (5) Anti Escape is any housing, fencing, or a device which the guard dog cannot go over, under, through or around. (b) Guard Dog Permits. (1) A separate guard dog permit must be applied for each dog on commercial property where guard dogs are to be used or where dogs are to be kept, boarded, bred, sold, let for hire, or trained for a fee for guard dog purposes. Procedures for permit application, for inspection of guard dog facilities, and for issuance of dog identification tags will be established by the Director of the Animal Control Division. Permits for both permanent and temporary locations may be transferred to a new location operated by the same business firm during the permit year. However, such transfers shall not be effective until an Animal Control Officer has inspected and approved the required facilities at the new location and the information required below for permit applications has been recorded. (2) Working days. Advance notification to the Director of the Animal Control Division shall be required for permit transfers. (3) Guard dog permit applications shall include the following information: (i) The business name, address and telephone number of the commercial property where guard dogs are to be used. (ii) The name, address and telephone number of the dog's handler who can be reached at any time during the day or night. (iii) The number of dogs to be used and a general description of their use. (iv) The location where dogs are to be housed; and (v) Any other information that the Director of the Animal Control Division deems necessary by rules and regulations. Permit holders shall notify the Director of the Animal Control Division if any information recorded as part of the permit application is changed during the course of the period for which the permit is issued. (4) An Animal Control Officer shall inspect the facilities • ORDINANCE NO. 93- 10 where the guard dog is to be used and housed when the guard dog permit is applied for and when it is renewed. (5) If the inspection reveals that the requirements of this section are met, a permit fee established by resolution of the City Council for each approved commercial property shall be paid to the City and a special guard dog identification tag shall be issued by an Animal Control Officer. The permit shall be displayed at the approved commercial property and an identification tag shall be affixed to the collar of each dog used. Nothing in this section shall exempt guard dogs from any of the other provisions of this chapter. (6) Each permit shall be valid for the period of one year and must be renewed annually within thirty (30) days after the renewal date. The renewal fee shall be established by resolution of the City Council. (7) Each permit must be obtained prior to housing or utilizing guard dogs at the commercial property, provided that for those commercial properties where guard dogs are in use when this chapter becomes effective, there shall be a ninety (90) day period in which to obtain the permit without penalty. (c) Exclusions. Dogs which are used to protect the property of their owner's private residence shall be excluded from the provisions of this section unless said residence is located on premises utilized for commercial purposes. (d) Unlawful Acts: Revocation of License. It shall be unlawful for any owner or person in control of any guard dog to keep or permit the same in or about any public house, public place, street, or alley of the City. The Director of the Animal Control Division shall have the authority to revoke the dog license of an owner of a dog which is determined to be vicious, in accordance with the provisions of this chapter. Sec. 5-19. Sterilization of Adopted Dogs and Cats. The sterilization of dogs and cats adopted from an animal pound, shelter, or humane organization, shall be governed by the provisions of Chapter 828, "Dog and Cat Sterilization," of the Texas Health and Safety Code, as the same may be amended from time to time. • Sec. 5-20 - 5-26. Reserved. • • ORDINANCE NO. 93- 11 ARTICLE IV. ANIMALS IN PRIVATE CUBTODY sec. 5-27. Cruelty to Animals. If any person shall hereafter within the limits of the City of La Porte, Harris County, Texas, willfully or wantonly kill, maim, wound, disfigure, poison, or cruelly and unmercifully beat or abuse any horse, ass, mule, cattle, sheep, goat, swine, dog or any other domestic animal, or any other domesticated bird; or over-ride, over-drive, overload, or in any other manner mistreat such animal, or fail to provide the same with proper food, drink or shelter, or shall drive or work or otherwise use such animal when same is maimed, wounded, sick or otherwise unfit for work, or shall willfully abandon any such animal or bird to die, or shall leave the same tied up or confined without proper feeding and caring for same, he shall be deemed guilty of a misdemeanor. Sec. 5-28. Exceptions. This chapter is not to be construed to prevent police officers from killing dogs when entitled to do so by the statutes of the State of Texas, or by any ordinance of the City of La Porte now in effect, or that may be hereafter enacted. Sec. 5-29. Animals Havinq Glanders to be Billed. It shall be the duty of the Animal Control Officers to seize and kill all animals of the horse and ass species diseased with glanders or farcy in all cases where the owner or person in charge of said animals shall fail or refuse to immediately place or keep said animal in secure confinement, separate and apart from all other stock by at least two hundred (200) yards. Sec. 5-30. Animals suspected of Glanders to be Quarantined. In all cases where there are good reasons to believe that any animal of the horse or ass species has taken, or is liable to take, from contact, glanders or farcy, or has any disease liable to turn into either of said diseases, it shall be the duty of the said Animal Control Officers, upon failure or refusal of the owner or owners, to have said animal placed and kept in secure confinement, separate and apart at least two hundred (200) yards from all other stock, at the expense of the owner of said animal, until said animal shall be thoroughly cured or declared to be diseased with glanders or farcy. ORDINANCE NO. 93- Sec. 5-31. Glanders; How Determined. 12 For the purpose of determining whether any animal is diseased with farcy or glanders, or any disease liable to turn into either of said diseases, it shall be the duty of the Animal Control Officers to employ a competent veterinarian to examine and condemn said animal at the expense of the City. Sec. 5-32. Stables, Etc., To Be Disinfected. ' It shall be the duty of every person or persons owning any yard, lot, stable or other building in which animals diseased with farcy or glanders may have been fed or kept, to immediately thoroughly disinfect and cleanse said yard, lot, stable or building, whenever notified by an Animal Control Officer to do so; and any person or persons violating the provisions of this section shall be deemed guilty of a misdemeanor. ARTICLE V. BIRD SANCTUARY Sec. 5-33. City Declared Bird Sanctuary. (a) The City of La Porte is hereby designated a bird sanctuary. (b) The Chief of Police is directed to erect appropriate signs at the various entrances to the City of La Porte, indicating that the City of La Porte has been designated a bird sanctuary. (c) It shall be unlawful for any person to trap, hunt, shoot or attempt to shoot or molest in any manner any bird or wild fowl, or to rob bird nests or wild fowl nests. ARTICLE VI. WILD ANIMALS Sec. 5-34. Definition. Wild Animal as used in this article shall mean and include any wild mammal, amphibian, reptile, or fowl which is not naturally tame or gentle but is of a wild nature or has other characteristics which would constitute a danger to human life or property if it is not kept or maintained in a safe manner or in secure quarters. Such animals shall include, but not be limited to, lions, tigers, leopards, panthers, bears, wolves, alligators, crocodiles, apes, foxes, elephants, rhinoceroses, all forms of poisonous reptiles, and other like animals. ORDINANCE NO. 93- Sec. 5-35. Caginq. 13 It shall be unlawful for anyone to keep or harbor any wild animal within the City limits unless the same is kept in a cage in a safe manner and in secure quarters or cage sufficient to contain such animal at all times. No such animal shall be housed within one hundred (100) feet of any property line. Sec. 5-36. Prohibition Against Running at Large. It shall be unlawful for anyone who owns, raises or keeps any wild animal to allow the same to be at large outside of its secure quarters or cage. In the event such animal is discovered outside of the secure quarters or cage, it shall be presumed that the person who owns, raises or keeps the same, willfully allowed it to roam at large outside the secure quarters or cage. Sec. 5-37. Registration-. Any person keeping a wild animal within the City limits shall register the same with the Chief of Police within seven (7) days of bringing such wild animal within the City limits. Registration information shall include name, street address, and telephone number of the person keeping the wild animal; the kind of animal; type of quarters or cage; and location of quarters or cage on the person's premises. ARTICLE VII. BABY CHICKS Sec. 5-38. Sale of Haby Chicks, etc., Prohibited; Exception. (a) It shall be unlawful for any person to sell or offer for sale, barter or give away baby chicks, ducklings or other fowl or rabbits as pets or novelties, whether or not dyed, colored or otherwise artificially treated; provided, however, this subsection shall not be construed to prohibit the display or sale of natural chicks, ducklings or other fowl or rabbits in proper brooder facilities for hatcheries or stores engaged in the business of selling the same to be raised for commercial purposes. (b) As used in this section, the words "business of selling the same to be raised for commercial purposes" shall mean the selling or offering for sale of baby chicks, ducklings or other fowl or rabbits in uantities of not less than twelve (12) (~~tcR~ 1`Bzc~s C7c -`~ ~-rr~.~o~, sh 11 s +vc~.:-cus ~{~;~ ~xv ~ ,~ ~'c~.lcx-{-. . ( ) N per n ell or offer for sale baby chicks, ducklings or fowl or rabbits within the City of La Porte in quantities of less than twelve (12) ~. rcx~'~C' ~r,e. ~=r~ +-c:~~ ORDINANCE NO. 93- 14 (d) It shall be unlawful for any person to sell or offer for sale, barter or give away baby chicks, ducklings or other fowl or rabbits in any business establishment in the City of La Porte where food or beverages are sold for consumption on the premises. --~. :~- __. ORDINANCE NO. 93- • 15 Section 2. Reference is here made to Title 10, "Health and Safety of Animals", Chapter 821 through Chapter 828, of the Texas Health and Safety Code. In the event of any conflict between the terms and provisions of Chapter 5 of the Code of Ordinances of the City of La Porte, and Title 10 of the Texas Health and Safety Code, the provisions of Title 10 of the Texas Health and Safety Code shall prevail, to the extent of such conflict. Section 3. If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. Section 4. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Chapter 5 of the Code of Ordinances of the City of La Porte is expressly repealed. Section 5. Any person ordinance, upon conviction in La Porte, shall be subject t dollars ($200.00). Each day separate offense. who violates a provision of this the municipal court of the City of o a fine not to exceed two hundred of violation shall be considered a 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. ORDINANCE NO. 93- 16 Section 7. This Ordinance shall be effective from and after its passage and approval, and publication of its caption as provided by law. PASSED AND APPROVED, this day of CITY OF LA PORTE 1993. By: Norman L. Malone Mayor ATTEST: Cherie Black City Secretary APPROVED: Knox w. Askins City Attorney