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HomeMy WebLinkAbout1993-08-09 Public Hearing and Regular Meeting AGENDA PUBLIC HEARING AND REGULAR MEETING OF LA PORTE CITY COUNCIL TO BE HELD AUGUST 9, 1993, IN THE COUNCIL CHAMBERS OF THE CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, BEGINNING AT 6:00 P.M. Next Ord. 93-1920 Next Res. 93-10 1. CALL TO ORDER 2. INVOCATION BY COUNCILPERSON ALTON PORTER 3. CONSIDER APPROVING MINUTES OF REGULAR MEETING JULY 26, 1993 4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL 5. PUBLIC HEARING - TO CONSIDER AMENDMENTS TO THE CITY OF LA PORTE ZONING ORDINANCE 1501, REZONING REQUEST R93-001; REQUESTED BY BAYOU FOREST PROPERTY LTD., PROPERTY OWNER, SEEKS TO REZONE A 107.356 ACRE TRACT OF LAND OUT OF W. P. HARRIS SURVEY, ABSTRACT #A-30. TRACT IS CURRENTLY ZONED PUD (PLANNED UNIT DEVELOPMENT) IS LOCATED AT THE SOUTHEASTERN CORNER OF THE MCCABE ROAD AND STATE HIGHWAY 146 INTERSECTION. APPLICANT SEEKS TO HAVE 100.6034 ACRES OF THE PROPERTY REZONED TO R-1, LOW DENSITY RESIDENTIAL. THIS IS FOR THE PURPOSE OF DEVELOPING A 337 LOT RESIDENTIAL SUBDIVISION. THE APPLICANT ALSO SEEKS TO HAVE REMAINING 6.7526 ACRES, WHICH ARE LOCATED ADJACENT TO STATE HIGHWAY 146 AND MCCABE ROAD INTERSECTION, REZONED TO NEIGHBORHOOD COMMERCIAL (NC). OPEN PUBLIC HEARING REVIEW BY STAFF OF AMENDMENTS RECOMMENDATION OF PLANNING & ZONING COMMISSION CLOSE PUBLIC HEARING 6. CONSIDER APPROVING ORDINANCE ADOPTING THE AMENDMENTS TO THE LA PORTE ZONING ORDINANCE 1501 (Ord. 1501-Q) - C. Harrington 7. CONSIDER APPROVING ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH L & A UTILITIES, INC. FOR UTILITY LINE CASINGS NORTH OF SH 225 (Ord. 93-1920) - C. Harrington 8. CONSIDER APPROVING ORDINANCE WAIVING PAYMENT OF SALARY TO CITY COUNCIL MEMBERS AND, IN LIEU THEREOF, RECEIVING REIMBURSEMENT OF ACTUAL EXPENSES (Ord. 93-1921) - J. Litchfield 9. CONSIDER APPROVING ORDINANCE AMENDING CHAPTER 25, ARTICLE 2, SECTION 23 OF THE CODE OF ORDINANCE OF THE CITY OF LA PORTE, TEXAS ESTABLISHING SPEED LIMITS IN SCHOOL ZONES. (Ord. 1446-D) - B. Powell 10. CONSIDER APPROVING ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, "ANIMALS AND FOWLS" (Ord. 93-1922) - B. Powell 11. CONSENT AGENDA - ANY ITEM MAY BE REMOVED BY A COUNCILPERSON FOR DISCUSSION A. CONSIDER AWARDING A BID FOR THE PURCHASE OF NINE ELECTRIC GOLF CARS FROM E Z GO TEXTRON. - A. Osmond • • B. CONSIDER AWARDING A BID FOR THE PURCHASE OF FIVE INCH FIRE HOSE. - J. Sease 12. ADMINISTRATIVE REPORTS A. LETTER FROM MAYOR BOB LANIER OF HOUSTON RECOMMENDING THE REAPPOINTMENT OF MR. JOHN WILDENTHAL AS DIRECTOR OF THE GULF COAST WASTE DISPOSAL AUTHORITY - Mayor Malone. B. BUDGET WORKSHOP REMINDER - R. Herrera 13. COUNCIL ACTION 14. EXECUTIVE SESSION - V.A.T.S. - ARTICLES 6252-17, SECTION 2(E), (F), (G), (R) - (LEGAL, LAND ACQUISITION, PERSONNEL, AND CONFERENCE(S) WITH EMPLOYEE(S) TO RECEIVE INFORMATION) 15. ADJOURNMENT If during the course of the meeting covered by this agenda the Council should determine that a closed or executive meeting or session of the Council should be held or is required in relation to an item noticed in this agenda, then such closed or executive meeting or session as authorized by TEX. REV. CIV. STAT. ANN. Art. 6252-17(a) (Open Meetings Act) will be held by the Council at that date, hour and place given in the meeting notice or as soon after the commencement of the meeting covered by the meeting notice as the Council may conveniently meet in such closed or executive meeting or session concerning any and all subjects and for any and all purposes permitted by Section 2(c) through Section 2(r), inclusive of said Open Meetings Law, including, but not limited to: Section 2(d) - For the purpose of excluding witness or witnesses from a hearing during examination of another witness. Section 2(e) - For the purpose of a private consultation with the Council's attorney on any or all subjects or matters authorized by law. Section 2(f) - For the purpose of discussing the purchase, exchange, lease or value of real property and negotiated contracts for prospective gifts or donations. Section 2(g) - For the purpose of considering the appointment, employment evaluation, reassignment, duties, discipline or dismissal of a public officer or employee or to hear complaints or charges against a public officer or employee. Section 2 (j ) - To consider the deployment, or specific occasions for implementation, of security personnel or devices. Section 2(r) - For the purpose of conferring with an employee or employees of the City, for the sole purpose of receiving information from the employee or employees or to ask questions of the employee or employees; provided, however, that no discussion of public business or City policy that affects public business shall take place between the members of the City Council during the conference. • MINUTES PUBLIC HEARING AND REGULAR MEETING LA PORTE CITY COUNCIL AUGUST 9, 1993 1. 2. 3. The meeting was called to order by Mayor Norman 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 Cites Council Absent: None Members of City Staff Present: City Manager Bob Herrera, City Attorney Knox Askins, City Secretary Sue Lenes, Assistant City Manager John Joerns, Police Chief Bobby Powell, Lt. Carl Crisp, Director Administrative Services Louis Rigby, Fire Chief Joe Sease, Director of Finance Jeff Litchfield, Director of Planning Chuck Harrington, City Engineer Fred Thompson, Golf Pro/Manager Alex Osmond, Buyer Susan Kelley The invocation was given by Councilperson Alton Porter. Council considered approving minutes of the Regular Meeting July 26, 1993. Motion was made by Councilperson McLaughlin to approve the minutes of July 26 as presented. Second by Councilperson Thrower. The motion carried, 8 ayes, 0 nays and 1 abstaining. Ayes: Councilpersons Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None Abstain: Councilperson Sutherland 4. There were no citizens wishing to address council. 5. Mayor Malone opened the public hearing at 6:06 P.M. The hearing was to consider a rezoning request by Bayou Forest Property, Ltd. to rezone a 107.356 tract of land out of W.P. Harris Survey, Abstract #A-30 currently zoned Planned Unit Development. The property is located at the Southeastern corner of McCabe Road and State Highway 146 intersection. The applicant seeks to have 100.6034 acres rezoned to R-1, Low Density Residential. This is for the purpose of developing a 337 lot residential subdivision. The applicant also seeks to have the remaining 6.7526 acres located adjacent to State Highway 146 and McCabe Road Intersection, rezoned to Neighborhood Commercial. The Mayor asked for public input. • • Minutes, Public Hearing and Regular Meeting La Porte City Council August 9, 1993, Page 2 There being none, Mr. Harrington reported the recommendation of the Planning & Zoning Commission, with concurrence of departmental staff, was to approve the rezoning request of Bayou Forest Property, Ltd. The public hearing ended at 6:12 P.M. 6. Council considered approving an ordinance adopting the amendments to the La Porte Zoning Ordinance 1501. City Attorney read: ORDINANCE 1501-Q - AN ORDINANCE AMENDING ORDINANCE NO. 1501, BY CHANGING CLASSIFICATION OF THAT CERTAIN PARCELS OF LAND HEREIN DESCRIBED; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. Councilperson Sutherland asked for the deletion of "heretofore, to wit" and "hereinafter" appearing in Section 1 of Ordinance 1501-Q. City Attorney Askins stated this would not change the content of the Ordinance and verbiage mentioned was removed. Motion was made by Councilperson Clarke to aAbrove Ordinance 1501-0 amending Ordinance 1501. Second by Councilperson Gay. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 7. Council considered approving an ordinance authorizing the City manager to execute a contract with L & A Utilities, Inc., for utility line casings north of SH 225. City Manager Bob Herrera brought to Council's attention a memo from John Joerns regarding staff investigation of an alternate approach lowering the initial cost of this proposed project affording Council two options for consideration. Director of Planning Chuck Harrington presented all facts and options to Council for consideration. Council made the decision to accept the original recommendation by staff to authorize the City Manager to execute a contract with L & A Utilities, Inc. in the amount of $210,379.25 with a contingency of $10,520.75 being established. The funds are to be provided by $136,00.99 from the FY 1993 budget and the remaining $84,900.00 to be allocated in the FY 1994 budget. • • Minutes, Public Hearing and Regular Meeting La Porte City Council August 9, 1993, Page 3 City Attorney read: ORDINANCE 93-1920 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND L & A UTILITIES, INC., TO PROVIDE FUTURE WATER AND SANITARY SEWER SERVICE NORTH OF STATE HIGHWAY 225; APPROPRIATING $210,379.25 PLUS A CONTINGENCY OF $10,520.75 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Sutherland to approve Ordinance 93-1920 as read by the City Attorney. Second by Councilperson Thrower. The motion carried, 7 ayes and 2 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Maxwell, Clarke and Mayor Malone Nays: Councilpersons Porter and Gay 8. Council considered approving an ordinance waiving payment of salary to City Council members and, in lieu thereof, receiving reimbursement of actual expenses. City Attorney read: ORDINANCE 93-1921 - AN ORDINANCE AUTHORIZING MEMBERS OF CITY COUNCIL TO WAIVE PAYMENT OF SALARY AS PROVIDED BY THE HOME RULE CHARTER OF THE CITY OF LA PORTE, AND, IN LIEU THEREOF, RECEIVE REIMBURSEMENT OF EXPENSES ACTUALLY INCURRED IN THE CONDUCT OF CITY BUSINESS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Clarke to approve Ordinance 93-1921 as read by City Attorney. Second by Councilperson Porter. The motion carried, 8 ayes and 1 nay. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Maxwell, Clarke and Mayor Malone Nays: Councilperson Gay 9. Council considered approving ordinance amending Chapter 25, Article 2, Section 23 of the Code of Ordinance of the City of La Porte, Texas establishing speed limits in school zones. Minutes, Public Hearing La Porte City Council August 9, 1993, Page 4 C~ and Regular Meeting City Attorney read: ORDINANCE 1466-D - AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2, SECTION 23 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS; ESTABLISHING SPEED LIMITS IN SCHOOL ZONES BETWEEN 7:00 A.M. AND 9:00 A.M. , AND BETWEEN 2:30 P.M. AND 4:30 P.M. ON SCHOOL DAYS; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Council.,person Maxwell to approve Ordinance 1466-D as read by the City Attorney. Second by Councilperson Clarke. 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 approving ordinance amending chapter 5 of the Code of Ordinances of the City of La Porte, Texas, "Animals and Fowls". City Attorney read: A proviso to Article VII. Baby Chicks Section 5-38. Sale of Baby Chicks, etc., Prohibited; Exception. (a) (add) or by students enrolled in an FFA or FHA program in the public schools. Motion was made by Councilperson Maxwell to delete (a) under definitions of Vicious or Dangerous Animal. The motion died for lack of a second. Motion was made by Councilperson Porter to approve Ordinance 93-1922 as presented. Second by Councilperson Thrower. Motion was made by CouncilAerson__Maxwell to amend Article Definitions, Sec. 5-1. Definitions Vicious or Dangerous Animal and delete (a) Any animal which because of its vicious propensity causes a reasonable person to believe that the animal is capable of inflicting serious physical harm or death to human beings and would constitute a _danger to human life or property. Second by Councilperson Thrower. Motion was made by Councilperson Sutherland to amend Article VII. Baby Chicks Sec.5-38. Sale of Baby Chicks, etc.. Prohibited; Exception. (a) It shall be unlawful for any person to sell or offer for sale barter or give away baby chicks, r: Minutes, Public Hearing and Regular Meeting La Porte City Council August 9, 1993, Page 5 ducklings or other fowl or rabbits as pets or novelties: whether or not dyed, colored or otherwise artificially Council voted first on Councilperson Sutherland's motion to amend Ordinance 93-1922 with the proviso as read by City Attorney. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None Council voted on Councilperson Maxwell's amendment. Motion carried, 8 ayes and 1 nay. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Gay, Maxwell, Clarke and Mayor Malone Nays: Councilperson Porter Council voted on the original motion. Motion carried, 7 ayes and 3 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Maxwell and Clarke Nays: Councilperson Porter, Gay and Mayor. Malone 11. Consent Agenda - A. Consider awarding a bid for the purchase of nine electric golf cars from E Z Go Textron. B. Consider awarding a bid for the purchase of five inch fire hose. Motion was made by Councilperson Gay to accept the consent agenda as presented. Second by Councilperson Clarke. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None by students enrolled in an FFA or FHA program in the public schools. Second by Councilperson Thrower. i • Minutes, Public Hearing and Regular Meeting La Porte City Council August 9, 1993, Page 6 12. Administrative Reports: City Manager Bob Herrera reminded City Council Budget workshops are scheduled to begin August 23rd which is a regular council meeting night. At the end of the council meeting Mr. Herrera will give an overview of the particulars of the budget. The budget will be handed out to Council on August 13th giving each ample time to study it. Mr. Herrera also reported that employee Ervin Griffith, Chief Building Official is not doing well and it is believed that he will not survive the week. Mr. Herrera stated that if Council wishes he would will draft a letter conveying Councils best wishes to Mr. Griffith. Council directed Mr. Herrera to prepare a letter for their signature. 13. Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell and Mayor Malone brought items before Council. Mayor Malone asked Council their wishes regarding a recommendation by City of Houston's Mayor, Bob Lanier, to reappoint Mr. John Wildenthal to the Gulf Coast Waste Disposal Authority Board of Directors. Mr. Wildenthal is currently serving in that position and his term expires on August 31, 1993. All Councilpersons were in agreement. Mayor Malone will sign letter of recommendation and return it to Mayor Lanier. 14. There was no Executive Session held. 15. There being no further business to come before Council, the meeting was adjourned at. 7:52 P.M. Respectfully ubmitte , ~.- Sue Lenes, City Secretary Passed & Approved this the 23rd day of August, 1993 Norman L. Malone, Mayor REST FOR CITY COUNCIL AGE ITEM Agenda Date Requested: August 9, 1993 Requested By: Charles Harrington c'~ Department: Planning X Report Resolution X Ordinance Exhibits: 1. Ordinance #1501-Q 2. Recommendation Letter from Planning & Zoning Commission 3. Staff Report 4. Meeting Reply Notices SUMMARY & RECOMMENDATION Summary Bayou Forest Property Ltd. is seeking the rezoning (#R93-001) for approximately 107 acres of land located in the southeast corner of the intersection of SH 146 and McCabe Road. The property is currently zoned Planned Unit Development (P.U.D.). The applicant proposes to rezone 100.6034 acres of the property to Low Density Residential (R-1) and the 6.7526 acres immediately adjacent to the intersection Neighborhood Commercial (N.C.). The applicant is proposing to develop the property as a single family subdivision of over 300 homes with some commercial activity to serve the residences. The Planning & Zoning Commission considered this request at its July 15, 1993, public hearing and regular meeting. The Commission, by a unanimous vote, has recommended that City Council approve this requested zone change as it is compatible with the Comprehensive Plan. Staff, in accordance with Zoning Ordinance requirements has mailed public hearing notices to all properties located within 200 feet of the tract in question. In this case, notices were mailed to nine (9) property owners. As of Tuesday, August 3, we have received four (4) responses; three (3) are in favor of the request and one (1) in opposition. Recommendation The staff concurs with the Planning & Zoning Commission and recommends that the City Council approve zone change #R93-001 as requested. Action Required by Council: 1. Conduct Public Hearing 2. Consider approval of rezoning request #R93-001 and approval of Ordinance # 1501-Q. Availability of Funds: General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: YES NO Approved for City Council Agenda ~/~/~3 T • • ORDINANCE NO. 1501-Q AN ORDINANCE AMENDING ORDINANCE NO. 1501, BY CHANGING CLASSIFICATION OF THAT CERTAIN PARCELS OF LAND HEREIN DESCRIBED; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby finds, determines and declares that on the 15th day of July, 1993, at 7:00 p.m. a Public Hearing was held before the Planning & Zoning Commission of the City of La Porte, Texas, pursuant to due notice, to consider the question and the possible reclassification of the zoning classification of the described parcels of land. There is attached to this Ordinance as Exhibit "A", and incorporated by reference herein and made a part hereof for all purposes, a copy of "Notice of Public Hearing" which the City Council of the City of La Porte hereby finds was properly mailed to all owners of all properties located within two hundred feet (200') of the properties under consideration. Section 2. The Publisher's Affidavit of Publication of notice of said hearing is attached hereto as Exhibit "B", incorporated by reference herein and made a part hereof For all purposes. Section 3. Subsequent to such public hearing, the City of La Porte Planning & Zoning Commission met in regular session on July 15, 1993, to consider the changes in classification which were the subject of such public hearing. The City Council of the City of La Porte is in receipt of the written recommendations of the City of La Porte Planning and Zoning Commission, by letter dated July 19, 1993, the original of which letter is attached hereto as Exhibit "C", incorporated by reference herein and made a part hereof for all purposes. Ordinance 1501-Q, Page 2 • Section 4. On the 9th day of August,1993, at 6:00 P.M., a public hearing was held before the City Council of the City of La Porte, pursuant to due notice, to consider the question of the possible re-classification of the zoning classification of the hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "D", incorporated by reference herein and made a part hereof for all purposes, a copy of the "Notice of Public Hearing" which the City Council of the City of La Porte hereby finds was properly mailed to the owners of all properties located within two hundred feet (200') of the properties under consideration. Section 5. The Publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for all purposes. Section 6. Subsequent to such public hearing, the City Council of the City of La Porte reviewed the written recommendations of the City of La Porte Planning and Zoning Commission, and all of the evidence presented before it, and the City Council of the City of La Porte hereby accepts the recommendation of the City of La Porte Planning and Zoning Commission, and the zoning classifications of the hereinafter described parcels of land, situated within the corporate limits of the City of La Porte, are hereby changed and the zoning classifications of said parcels of land shall hereafter be as follows to-wit: A. The 100.6034 acre tract out of the W.P. Harris Survey, Abstract #30 which is more particularly described by meets and bounds on Exhibit F, attached hereto and fully incorporated by reference herein, shall hereafter be R-1 Low Density Residential. B. The 6.7526 acre tract out of the W.P. Harris Survey, Abstract #30 which is more particularly described by meets and bounds on Exhibit G, attached and fully incorporated by reference herein, shall be Neighborhood Commercial. t ~ Ordinance 1501-Q, Page 3 Section 7. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place 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 8. 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. PASSED AND APPROVED this ~ day of , 1993 CITY OF LA PORTS By: ~~/~= ~-~= ~~' .fir, ;!'-~--~_ Norman 1Vlalone, Mayor ATTEST: By: Sue Lenes, City Secretary • THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the provisions of Ordinance 1501, the City of La Porte Zoning Ordinance, notice is hereby given that the La Porte Planning and Zoning Commission will conduct a public hearing at 7:00 P.M. on the 15th day of July, 1993, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to reconsider rezoning request R93-001. This request, submitted by Bayou Forest Property Ltd., the property owner, seeks to rezone a 107.356 acre tract of land out of the W. P. Harris Survey, Abstract ~A-30. The tract in question, which is currently zoned PUD (Planned Unit Development) is located at the southeastern corner of the McCabe Road and State Highway 146 intersection. The applicant seeks to have 100.6034 acres of the property rezoned to R-1, Low Density Residential. This is for the purpose of developing a 337 lot residential subdivision. The applicant also seeks to have the remaining 6.7526 acres, which are located adjacent to State Highway 146 and McCabe Road intersection, rezoned to Neighborhood Commercial. The Planning and Zoning Commission originally considered this request at their May 20, 1993 Public Hearing. At that time, the Commission recommended that the rezoning be denied. The applicant, based on this recommendation, has revised and resubmitted the rezoning request. A regular meeting of the Planning and Zoning Commission will follow the public hearing for the purpose of acting upon the public hearing items and to conduct other matters pertaining to the Commission. Citizens wishing to address the Commission pro or con during the Public Hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Sue Lenes City Secretary EXHIBIT ' • • 1200 Hwy. ]46 La Porte, Texas 77571 Suite ISO (713) 471-1234 P.O. Box 1414 'Voice Of ~'he Bayshore Since 1947' County of Harris State of Texas Before me, the undersigned authority, on this date came and appeared Sandra E. Bumgarner, duly authorized agent of The Bayshore Sun, a semi-~,~eekly newspaper published in La Porte, Harris County, Texas, and who after being duly sworn, says the attached notice was published in The Bayshore Sun of June 30, 1993 - ; - Sandra E. Bumgarner Office Manager Sworn and subscribed before me this ~~ day of~-~L~C~ A.D. 193. ~ , Notary Public Harris County, Texas ,o~'''T'T`4~~, FRANCES M. 1NILLIAMS Notary Puhlic e4~ * STATE OF TcXAS - 1'` My Comm. Exp. March 25,194' l EXHIBIT .~ • PUBLIC NOTICE THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF f PUBLIC HEARIN ~ In accordance with the pr vielons Ordinance 1501, the City of La Porte Zo ing Ordinance, notice is hereby given th~t the La Porte Planning and Zoning Com- mission will conduct a public hearing at 7:00 P.M. on the 15th day of July,1993, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, CJ Texas. The purpose of this hearing is to reconsider •szcrning request R93-001. This request, submitted by Bayou Forest Property Ltd., the property owner, seeks to rezone a 107.356 acre tract of land out of the W. P. Harris Survey, Abstract #A-30. The tract in question, which is cur- rently zoned PUD (Planned Unit Develo- ment) is located at the southeastern cor- ner ofthe McCabe Road and State High- way 146 intersection. The applicant seeks to have 100.6034 acres of the property rezoned to R-1, Low Density Residential. This is for the purpose of developing a 337 lot residential subdivison. The applicant also seeks to have the remaining 6.7526 acres, which are located adjacent to State Highway 146 and McCabe Road intersec- tion, rezoned to Neighborhood Commercial. The Planning and Zoning Commission originally considered this request at its May 20, 1993 Public Hearing. At that time, the Commission recommended that the rezoning be denied. The applicant, based on this recommendation, has revised and resubmitted the rezoning request. A regular meeting of the Planning and Zoning Commission will follow the public hearing for the purpose of acting upon the Public Hearing items and to conduct other matters pertaining to the Commission. f '" Citi~ns wisl . ng t ,address the Com- misS1`on pip or on ing the Public Hear- ing will req i~ to sign in before the meetis convened. CITY OF LA PORTE Sue Lenes City Secretary HIBfT .B City of La Porte Established 1892 TO: Honorable Mayor Norman Malone and City Council FROM: Betty Waters, Chairman La Porte Planning and Zoning Commission RE: Rezoning Request 1293-001 DATE: July 19, 1993 Dear Mayor Malone, The La. Porte Planning and Zoning Commission, at its July 15, 1993 Public Hearing and regular meeting, considered Rezoning Request R93-001. This request seeks a rezoning of a 107.356 acre tract of land out of the W.P. Hams Survey, Abstract #30. The property, which is currently zoned PUD, is located south of McCabe Road between Taylor Bayou and State Hwy. 146 The application seeks to have 100.356 acres rezoned to R-1, Low Density Residential. A rezoning to Neighborhood Commercial is requested for the remaining 6.7526 acres. The commission, in reviewing this request has found it to be compatible with the goals of the City's Comprehensive Plan. The La Porte Planning and Zoning Commission has therefore by a unanimous vote of members present, recommended City Council approval of Rezoning Request R93-001. Respectfully Submitted .~ etty Waters, Chair, La Porte Planning & Zoning Commission xc: Planning & Zoning Commission Members Robert Herrera, City Manager John Joerns, Assistant City Manager John Armstrong, Assistant City Attorney ~XHIBtT' C P.~~. R<~x I l l7 L~~ Purtc, Texas 7772-1 1 1 ~ (713) 471-5020 • • THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the provisions of Ordinance 1501, the City of La Porte Zoning Ordinance, notice is hereby given that the La Porte City Council will conduct a public hearing at 6:00 P.M. on the 9th day of August, 1993, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider rezoning request R93-001. This request, submitted by Bayou Forest Property Ltd., the property owner, seeks to rezone a 107.356 acre tract of land out of the W. P. Harris Survey, Abstract ~A-30. The tract in question, which is currently zoned PUD (Planned Unit Development) is located at the southeastern corner of the McCabe Road and State Highway 146 intersection. The applicant seeks to have 100.6034 acres of the property rezoned to R-1, Low Density Residential. This is for the purpose of developing a 337 lot residential subdivision. The applicant also seeks to have the remaining 6.7526 acres, which are located adjacent to State Highway 146 and McCabe Road intersection, rezoned to Neighborhood Commercial. A regular meeting of City Council will follow the public hearing for the purpose of acting upon the public hearing items and to conduct other matters pertaining to Council. Citizens wishing to address Council pro or con during the Public Hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Sue Lenes City Secretary ~~cHrsrt' ~ r. . .. ~ ' ~ • 1200 Hwy. 146 La Porte, Texas 77571 Suite 180 / (713) 471-1234 P.O. Box 1414 - ~~ { e a s ore u 'Voice Of `The Bayshore Since 1947 County of Harris State of Texas Before me, the undersigned authority, on this date came and appeared Sandra E. Bumgarner, duly authorized agent of The Bayshore Sun, a semi-weekly newspaper published in La Porte, Harris County, Texas, and who + after being duly sworn, says the attached notice was published in The Bayshore Sun of July 21, 1993 ~ 1 iJ Sandra E. Bumgarner Office Manager Sworn and subscribed before me this ~~ day of A.D. 19~. Notary Public Harris County, Texas ~~'''""4t, FRANCES M. WILLIAMS • • ~ STATE OF TEXIL4 4.h",r~? MyrColnw.Ex0.WrchZ6.1991 l ~XH-61~T E • PUBLIC NfJTICE THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the provisions of Ordinance 1501, the City of La Porte Zon- ing Ordinance, notice is hereby given that the La Porte City Council will conduct a public hearing at 6:00 P.M. on the 9th day of August, 1993, in the Counal Chambers of the City Hall, 604 West Fairmont Park- way, _ orte Texas. The purpose of this heapfig t consider rezoning request R91-001 Th request, submitted by Bay- ou Fores Pr party Ltd., a property own- er, seek o zone 10 356 acre tract of ' land out' o the .P Hams Survey, Abstract # 30. a ct in question, , which is cuiren ed PUD (Planned , Unit Development) is located at the south- eastern comer of the McCabe Road and State Highway 146 intersection. The appl- icant seeks to have 100.6034 acres of the property rezoned to R-1, low Density Residential. This is for the purpose of developing a 337 lot residential subdiw Sion. The applicant also seeks to have the remaining 6.7526 acres, which are located adjacent to State Highway 146 and McCabe Road intersection, rezoned to Neighborhood Commeraat. A regular meeting of City Council will , follow the Public Hearing for the purpose of acting upon the Public Hearing items and to conduct other matters pertaining to Council. Citizens wishing to address Council pro or • con during the Public Hearing will be requried to sign in before the meeting is convened. CITY LA PORTE Sue Lenes City Secretary acHisrr F ~ ~ July 29, 1993 DESCRIPTION OF A 100.6034 ACRE TRACT .OUT OF THE W. P. HARRIS SURVEY, ABSTRACT NO. 30, HARRIS COUNTY, TEXAS COMMENCING at the intersection of the South right of way line of McCabe Road, 80 foot right of way, with the Easterly right of way line of relocated S.H. 146, variable width; THENCE N88`35'45"E, along the said South right of way line of McCabe Road, a distance of 218.55 feet to the place of beginning of the 100.6034 acre tract hereinafter described; THENCE from said beginning point continuing along the South right of way line of McCabe Road, a distance of 1198.53 feet to a corner in the centerline of Taylor Bayou; THENCE S1'"40'18"E, along the centerline of Taylor Bayou, a distance of 530.76 feet to a corner; THENCE 589`35'45"W, 55.00 feet to a corner; . THENCE S11`49'45"E, 98.00 feet to a corner; THENCE S28`10'15"E, 427.02 feet to a corner; THENCE around a curve to the right whose radius is 200 feet, a distance of 139.63 feet to a corner; THENCE 511'49'45"W, 100.00 feet to a corner; THENCE around a curve to the left whose radius is 290 feet, a distance of 151.84 feet to a corner; THENCE 518`10'15"E, 350.00 feet to a corner; THENCE around a curve to the left whose radius is 300 feet, a distance of 214.68 feet to a corner; THENCE around a curve to the right whose radius is 410 feet, a distance of 107.34 feet to a corner; THENCE S44`10'15"E, 200.00 feet to a corner; THENCE around a curve to the left whose radius is 590 feet, a distance of 167.33 feet to a corner; THENCE around a curve to the right whose radius is 60 feet, a distance of 62.83 feet to a corner; THENCE SO`25'15":.E, 22.94 feet to a corner; THENCE 589`31'14"W, 1713.70 feet to a corner; THENCE S89`31'14"W, 1274.83 feet to a corner in the Easterly right of way line of S.H. 146; THENCE along said Easterly right of way line around a curve to the right whose radius is 3929.02 feet, a distance of 1180.05 feet to a corner and N22'56'51"E, 210.89 feet to a corner; THENCE N89`31'14"E, 503.29 feet to a corner; THENCE NO`28'46"W, 668.60 feet to a corner; THENCE N22`22'08"E, 271.90 feet to the place of beginning acid containing 100.6034 acres, more or less. EXHIBIT F' 1-190 JAMES W. GAR~'RELL, JR. CONSUIrINQ ENGINEER - SURYEroR GULF COAST ENGINEERING r.o. eox see u MARQUE, TEXAS r7see ANO SURVEYING X09/935-?fie? TEXAS Carr 7tJ/Ide-6969 NDUSrQN • • July 29, 1993 DESCRIPTION OF A 6.7526 ACRE TRACT OF LAND OUT OP' THE W. P. HARRIS SURVEY, ABSTRACT NO. 30, HARRIS COUNTY, TEXAS BEGINNING at the intersection of tree South right of way 1 ine of McCabe Road, 80 foot right of way, with the Easterly right of way line of relocated S.H. 146, variable width; THENCE N88`35'45"E, along the said South right of way line of McCabe Road, a distance of 218.55 feet to a corner; THENCE S22`22'08"W, a distance of 271.90 feet to a corner; THENCE SO`28'46"W, a distance of 668.60 feet to a corner; THENCE S89°31'14"W, a distance of 503.29 feet to a corner in the said Easterly right of way line of relocated S.H. 146, variable width; THENCE along the said Easterly right of way line of relocated S.H. 146, variable width, N22`56 51 E, 414.14 feet and N22°22'08"E, 581.24 feet to the place of beginning and containing 6.7526 acres, more or less. ~CHI'BI'~' ~r 1-189 JAMES W. GARTRELL, JR. CONSULTINQ ENB/NEER - SURYErOR GULF COAST ENGINEERING P.o. sox see LA MARQUE, rEaus »sse AND SURVEYING e~/985-216? rEXAS C~Tr 718/Iee-696! NousroN .~~., • pity cif ~,a Forte ~~~t~ir~~i~h~~ l ~ ~~~ ~ TO: Honorable Mayor Norman Malone and City Council FROM: Betty Waters, Chairman La Porte Planning and Zoning Commission RE: Rezoning Request 1293-001 DATE: July 19, 1993 Dear Mayor Malone, The La Porte Planning and Zoning Commission, at its July 15, 1993 Public Hearing and regular meeting, considered Rezoning Request R93-001. This request seeks a rezoning of a 107.356 acre tract of land out of the W.P. Hams Survey, Abstract #30. The property, which is currently zoned PUD, is located south of McCabe Road between Taylor Bayou and State Hwy. 146 The application seeks to have 100.356 acres rezoned to R-1, Low Density Residential. A rezoning to Neighborhood Commercial is requested for the remaining 6.7526 acres. The commission, in reviewing this request has found it to be compatible with the goals of the City's Comprehensive Plan. The La Porte Planning and Zoning Commission has therefore by a unanimous vote of members present, recommended City Council approval of Rezoning Request R93-001. Respectfully Submitted . ~G%~~ etty Waters, Chair, La Porte Planning & Zoning Commission xc: Planning & Zoning Commission Members Robert Herrera, City Manager John Joerns, Assistant City Manager John Armstrong, Assistant City Attorney ~~~~g~ • Requested For: A 107.356 acre tract of land out of the W.P. Harris Survey, Abstract Number A-30. The property in question is located at the southeastern comer of the McCabe Rd./Hwy. 146 intersection (see Exhibit A). Current Zoning: P.U.D. (Planned Unit Development) Requested Zoning: 107.356 acres to R-1, Low Density Residential 6.7526 acres to NC (Neighborhood Commercial) Requested By: Bayou Forest Property Ltd., property owner Background: The Planning and Zoning Commission originally considered this request at the June 17, 1993, public hearing and regular meeting. The Commission, based on the following concerns, recommended denial of this request. Lots A-1 through A-7 were too shallow to provide an adequate buffer adjacent to residential homesites (see Exhibit B). Lots A-1 through A-7 could only be accessed from the northbound lanes of Highway 146. This limited access could result in traffic safety problems (see Exhibit B). The range of commercial activities permitted within GC Zones is too broad for this area. • Rewning Request #R93-001 Bayou Forest/7-15-93 Page 2 of 2 Analysis: The applicant, as illustrated on Exhibit A, has reconfigured and reduced the size of the proposed commercial "reserve". Additional residential lots are to be created in the area which was originally to be occupied by reserve Lots A 1 through A-7. Also, the designation of "reserve" has been dropped in favor of a lot and block description. As presently configured, the acreage slated for commercial zoning could be accessed from both Highway 146 and McCabe Road. This will prevent the traffic problems that would be created by commercial establishments that could only be accessed from Highway 146. Elimination of Lots A-1 through A-7 has also effectively eliminated the concern regarding buffering between commercial and residential development. The depth of the remaining commercial acreage is sufficient to allow for an adequate buffer between houses and commercial activity. The other significant amendment to the request is the type of zoning requested for the commercial acreage. The applicant is now requesting NC (Neighborhood Commercial) rather than GC Zoning for this area. As an NC Zone, commercial activity would be limited to retail and professional or what could be considered as "shopping center" oriented businesses. Designating this area NC rather than GC should result in a commercial district that will be more compatible with and less intrusive upon the abutting residential subdivision. Conclusion: The applicant has successfully resolved the issues that were raised during the June 17, Commission meeting. Access to the commercial acreage has been improved to an adequate degree. As reconfigured, depth of the commercial acreage is now adequate to buffer residential homesites from commercial activities. The NC Zoning requested for the 6.7526 acres should result in a commercial district that will be compatible with the proposed subdivision and in keeping with the intent of the Land Use component of the City's Comprehensive Plan. Based on the considerations noted above, staff requests that the Planning and Zoning Commission recommend approval of Rezoning Request #R93-001. • ~ r _ ~ ~l i .. C~ `Y' III ' ~ !~. y ik. ~1 ~ ~ r.' ~ 1t4 ~ , ~E ~ I I .'. `I n i C r ,,~ s , c . >! I ~ , r~,c, t , , 't F ~ 1,1 ~~~ I _ \ i _ r 4 I t , , I t, ,x.: I l~.IJ..___It _ ~ 1'z ice- n I ~--_ Z m o .. i ~-~ I 11~: I ~ i ~._~ ~• fr a ilk a I I f~'aF I II" a. I I'. i-~ r x. 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I y$~°~~ --~--- Y ~ `. `n . Ile E a°sz ~., ~ I ry `- Y ~U 4 x a 5- - I as gt m 1 0 E z -li, -- " ._. .. .Y I :r~ _~Is: . .J i~:::.~ xxai R..... .. ...a3ie:A3. .5 e i - .....•6YY.°....::YYC ~ i. ~ e u E -.le F+ r~ " ~.f>R' `o: ~`~~ is ~IEI i i x~~r`' ~.. I - t° ;s `°i- ~ ~3C. O~~'i~ .I~ GULF COAST ENGINEERING AND SURVEYING P,0 BO% 182 LA MaR 0UE,1ErYA5 77569 MES H GARTREIL JFl f'E ,RP.S ,rYr•,.o.s .e.,atns - ..n.sss-:.u ~~[~ tv noosro_~•ry=s~saxs ~~s+ 1 __ s ~~ a r,~ A D 0 O O '^ D -< ~ cJ:u p rn mrn g C ran m o !° r- ;urn R 71 of>~ ~O ~ r _i ~ ~~v rn z ~r °UI i ~ A ~ m ~ cn ;u ~ ~ 0 D r pGGGNYNSiAPN{lWGGGGGGX ~: :G:CG $:::G:^.G.G:.GG.:GCGCT BAYOU f=OREST PHASE TFIREE -MASTER PLAN LA FORTE, t-IARR15 COUPJ'jY, TEXAS ~' \, IV01V i ,~ ~' MEETING OF THE L?~ PO~ ('lope of Meeting) HAS BEEN SCHEDULED FOR ~'.~, ..;..._ _. ;'' ~ -_: ~ y - .. ,~ nUGUST 9, 1993 ~..~ r.~ .°~'_ ~": `' . ;.':'~ (Meeting Date) J ~~~ lL~~ REZ ?zEC)LTEST ??43-001 (BA~_'CXT FOREST SUBDIt?TST~?) ('T`ype of Request) I HAVE RE IVED NOTICE OF TF~ ABOVE REFERENCED PUBLIC ~[EARING AND I AM IN FAVOR OF OR I AM IN OPPOSITION OF GRAN'T'ING THIS REQUEST FOR THE FOLLOWING REASONS: ~P ~ ~ ~- ~'es r SIGNATURE NAME (PLEASE PRINT) (©~ 3 ~~~~ ~e~ ~- -- HOME ADDRESS --~ 7 ~ `~ ~ / MEETING OF THE LA PO~ czT~ (Type of Meeting) HAS BEEN SCHEDULED FOR ~DCUST 9, 1993 (Meeting Date) P~'ZC~V~IG ?QUEST R93-001 (BAYOU FOREST SUBDT~?IS_T.~?) (Type of Request) ., ~ .,; , ~ ~5" . •J7 ~.7 j 1: ~~~ - ~ ~ ,; I HAVE REC D 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: SIGNATURE NAME (PLEASE PRIN'1~ / HOME ADDRESS ~A MEETING OF THE LA PO~ CITY C:~NC"II, (Type of Meeting) HAS BEEN SCHEDULED FOR ?L'c;UST 9, 19Q3 (Meeting Date) ..~ ,_. ..~ i~ (~~ PG.'ZC~I'S1:~ gFnUEST p93-00'_ (B.A~_'OU FOREST SUBDIT'T_ST~?) (Type of Request) I HAVE RECEIVED NOTICE OF THE ABOVE REFERENCED PUBLIC HEARING AI~iD I A~1~1 ~ IN FAVOR OF OR I AM IN OPPOSITION OF GRANTING THIS REQUEST FOR THE FOLLOWING REASONS: ~ ~ `~~ ; ~ 1 ~~~~~~, SIGNATURE ~o~~y ~~ ~~~~~~ NAME (PLEASE PRINT) HOME ADDRESS MEETING OF THE LA PO~ ciTv (Type of Mewing) HAS BEEN SCHEDULED FOR nLTCUST 9, 1993 (Meeting Date) .'~ ~'1 -~~.~ .~.` a3 ` ~ Fy~~1_T_N:~ RE^UEST P93-Q01 (BA`~CXJ FOREST S[JBD_T_~'?ST~?l~?) (Type of Request) I HAVE RECEIVED NOTICE OF THE ABOVE R/EFERENCED PUBLIC HEARING AND I A1V1 IN FAVOR OF OR I AM ~/ IN OPPOSITION OF GRANTING THIS REQUEST FOR THE FOLLOWING REASONS: G ~ ~. ~ ~ ~ ~ ~~C{ ~~ 1r~.er- ~ , f-.. Z L _ ~~ GNA N (PLEASE, PRINT) n H ME ADDRESS ~~//a~' ~, ,- REST FOR CITY COUNCIL AGE ITEM Agenda Date Requested: August 9, 1993 Requested By: Charles Harrington [%~`f~- Department: Planning X Report Resolution X Ordinance Exhibits: 1. Ordinance 2. Bid Tabulation 3. Engineer's Recommendation SUMMARY & RECOMMENDATION Summary For a number of years, the City has received requests from industry for water and sanitary sewer services to be provided north of State Highway 225. In June of 1991, Council approved, in concept, furnishing water and sanitary sewer service on a limited basis. In order to accomplish the task of providing service, the City entered into an engineering services contract to determine the need for service, the logical locations for said service, and the actual design of the necessary crossings. This project was undertaken with the knowledge that the Texas Department of Transportation would soon begin construction of SH 225 from Miller Cut-Off Road to east of Sens Road and any construction for utility casings should be done prior to this construction. As a part of the study, La Porte conducted a survey of all sites in our industrial districts to determine their current and future water and sanitary sewer needs. From this survey, we were able to confirm the proposed locations and line sizes needed to provide anticipated service. Based on the engineer's report and the survey results, crossings are proposed as follows: Sens Road: 10" Sanitary Sewer (Force Main) 8" Water Miller Cut-Off: (Future) Strang Road: 10" Sanitary Sewer (Force Main) 8" Sanitary Sewer (Force Main) 8" Water In discussions, with the Texas Department of Transportation, it was determined that the City will be unable to establish locations for Strang Road as that portion of SH 225 is still under design. At the point in time that La Porte is provided with final construction drawings, we will then move ahead with the construction of utility crossings at that location. It is anticipated that this construction will probably take place in late FY 1994 or early FY 1995, at a cost of $135,285.00 based on the cost of the crossings at Miller Cut- Off and Sens Road. In preparation for the bidding process, the proposal called for a base bid to install the casings at Sens Road and Miller Cut-Off Road only with three (3) alternates. The base bid called for the installation of all casings below highway travel lanes. Alternate 1 called for the addition of carrier pipes in the deep casings only. Alternate 2 called for installation of carrier pipes in all casings. Alternate 3 calls for the installation of all carrier pipe from right-of-way line to right-of-way line. The project was advertised and approximately 60 invitations to bid were mailed. Bids were received and opened on August 2, 1993. The bid results are shown on the attached bid tabulation sheet. The low base bid in the amount of $160,644.00 and low alternate in the amount of $210,379.25 was submitted by L & A Utilities, Inc. The Engineer's Estimate, provided as part of final design services, was $224,244.00 (base bid plus Alternates 1 through 3). The bid and references have been reviewed by the consulting engineer and they recommend approval (see attached) of the low bid as submitted. In 1990, this project was estimated to cost approximately $136,000.00, and was approved as a part of the Capital Improvements Budget. Awarding of this contract will require an additional $74,379.25 for construction services plus a 5% contingency of $10,520.75 for a total of $84,900.00. In order to accomplish this project, staff proposes that the project be started in FY 1993 with the $136,000.00 currently budgeted and that the additional $84,900.00 be budgeted from the Capital Improvements Account for FY 1994. Normally, we would wait until FY 1994 to begin the project, but because the Texas Department of Transportation moved the construction date of SH 225 up by approximately 6-8 months, it requires the City to expedite the project as soon as possible. Since the project will not begin until late August, it will be in the next fiscal year before we will require the additional funds, thus allowing La Porte to spread the expenses over a two (2) fiscal year period. Recommendation The staff recommends that the City Manager be authorized to execute a contract with L & A Utilities, Inc. in the amount of $210,379.25 {base bid plus Alternates 1 through 3), with a contingency of $10,520.75 being established. The funds are to be provided by $136,000.00 from the FY 1993 budget and the remaining $84,900.00 to be allocated in the FY 1994 budget. Action Required by Council: Approve an ordinance authorizing the City Manager to execute a contract with L & A Utilities, Inc. in the amount of $210,379.25 and that a contingency be established in the amount of $10,520.75 for a total of $220,900.00. Said funds are to be provided as follows: $136,000.00 to be provided from the current year's budget and the remaining $84,900.00 to be provided in the FY 1994 budget. Availability of Funds: General Fund X Capitallmprovement Other Water/Wastewater General Revenue Sharing Account Number: 003-683-610-510 Funds Available: X YES NO Approved for City Council Agenda City DID ra9uwrxoN - clrx or w Ponra BANITARx BBNBR AND IIATBA LIMB CABIN08 CAOBBINO BB xx5 -BIDS OPBNED A0008T x, 1lf1 7100 P.N. PROJRCS NO. fl-(70100 (NRI NO. f1-x0) '~ LA. Ut11- Pee-Itey Omstl77r T i R Ot11- Stir, Inc. tim Saxvios, Inc. it1a, Itc. Item Bid Dnit 1bta1 Unit lbeal Unlt 116171 No. DeaQiptim Unit QOaritity PriOe Arcane Pciw Asoisd Pciw Arad ®LTION ~ - CM11a7 1. 16" Dlamete[ Nalded Sbal aaitq (Open Tlsndl) IP 289 $ %.00 516,181.00 $ ]25.15 $76,165.75 $ %.00 $27,711.00 3. 16" Diaieter Melded 91771 dsilq (ea:4d) IB 191 1]7.00 26,578.00 191.72 ]7,775.68 {53.00 87,a91.oo ]. 18^ Diaetsr tlaldd Sbal Casing (Opal T14xidl) It 616 59.00 ]6,]14.00 328.% 79,192.% 791.00 210,8%.00 1. 1B" DimateT Nalded 8W1 CaLq (eotsd) Tt M3 1]9.00 61.178.00 201.60 89,107.20 171.00 305,183.00 S. 16 Dla. Plug i Clap fJ1 B 65.00 520.00 937.17 7,657.]6 200.00 1,600.00 6. 18" DIa. Plug i Clap !71 16 75.00 1,200.00 966.71 35,167.81 230.00 1,000.00 7. Tsaldl Safety IF 920 20.00 18,100.00 ]3.U 29,'.(39.60 10.00 9,200.00 SI1H101aL SBCIZQI "A" $160,661.00 $291,938.99 $579,016.00 BBCIION '7' - 10~ . A1taRrreb 1. 1. 8^ PVC (Qt 18) Natetlirr 1n 16" DL. Osep Osilzg II 210 11.50 2,115.00 81.69 17,781.90 10.00 8,100.00 2. 10" PVC (SOIL 261 Ibzw Main Lies in 18^ Die. DS"P Casittq iF {% 11.00 5,0]8.00 81.67 78,778.86 10.00 18,720.00 ]. B" Die. Plug i Clazp I51 3 60.00 120.00 100.23 800.11 200.00 100.00 {. 10" Dia. Plug i Clap FA { 70.00 280.00 {26.66 1,706.61 250.00 1,000.00 AltelTtalA 2. 1. 8" PVC (OR 18) i3terline 1n 16" D1a. Shellw Casitq u 389 11.25 7,251.25 105.21 70,411.76 75.00 10,115.00 2. 10" PVC (SLR 26) Fblos Main I.ina in 18" Dla. Sbnllw Casitq TF %1 11.00 6,171.00 105.91 59,173.]1 73.00 19,673.00 7. 8" Die. Plug i Clap FA 6 60.00 760.00 ]3{.OI 1,914.21 200.00 1,300.00 {. 10^ D1e. Plug i Clap FJ1 32 70.00 810.00 ]16.89 {,162.68 250.00 ],000.00 Altemete 7. 1. .," :7,~ (~ :^) ::atelluia IF 76{ 15.60 ~ a1, 919.40 51.78 ]9,559.92 27.00 20,628.00 3. 10" PVC (SDR 36) Fblea Mein IP 1764 35.% ~ 31,112.00 57.13 72,{55.68 27.00 76,828.00 7. 8^ Dla. Plug i Clap FA 3 60.00 130.00 {07.81 807.62 200.00 100.00 {. 10 Din. Plug i Clsigl 171 1 70.00 280.00 516.79 2,065.% 250.00 1,000.00 5. e^ - {5' eettl FJ1 2 150.00 700.00 270.10 5{0.80 200.00 {00.00 6. 10" - {S' Bed Fh 4 200.00 800.00 295.05 1.180.30 230.00 1.000.00 3oDlr. BBClD011 ~9P~ A181 A7agQ016! 1 t1M,S17.00 t33a,fff.sa t607r1fi.00 Iviat ®cT1na MPS Ara Aroma 3 a 2 t3»,laf.2s Nu,fsa.as 1671,176.00 solar. eoclTar row ual AILL'mQODm 1, 2 i " a $x16,»f.ss tsa7,axa.oa Ns6 xox.o6 (B , 10^, 16" std 18^ Ole. Plug i Clap , itdiot~d in Sectlgt A erd A1t40retr 1 and 3 will rot b IacBlixad.) BBCIION ^C" - Ba901 IILN[ (Hatarials to b ItmiWted, std irozlc t0 b dar, axplata in plea, 6171 azilsztl by 1791tt4ar >n t8avitLtlr sutltaziztl by Exigitiwr. 1. Htera IehOS (unskilled) Men Nr. 10 12.00 120.00 9.35 92.50 15.00 350.00 2. H[tza IabOr (skilled) Man Hr. 10 16.00 160.00 12.50 335.00 20.00 200.00 7. Hitrs 0aavatim (sedtirr) CY ~ 10 5.00 50.00 52.50 525.00 70.00 700.00 . Lisa .bcroie, sal Claeees with Coin uAZlc, Ocaplsta 1n play CY 5 100.00 500.00 175.00 875.00 100.00 2.000.00 5. Hltt'a 1T111fOLCliil steel. all sizes, ornplaG Sn platy I8 % .SO 35.00 .75 ]7.50 3.00 30.00 6. litre Cast Itan FSttitgs, all cleases and sizes, ~ PlsCS TN 1 ~ 3 , D00.00 3.000.00 19.50 19.50 2,500.00 2,500.00 7. F]ittra Gene Stabilized Satd br]lllll, in place CY 10 20.00 200.00 18.60 186.00 10.00 100.00 e. e^ walaea steel pip, in 1~ HO30 ~ % 23.00 1,250.00 119.60 7,180.00 170.00 6,500.00 9. 10^ Melded Steal Pips In BOZ'ed HO10 IF 100 ]0.00 7,000.00 173.30 17,510.00 160.00 36,000.00 3U01OTAL SDCf1CR "C' $ 7,]05.00 $26,8%.SO $38,300.00 ~~~. kl~, ~ ~ '~ s;~ ~ ~: ~ y _ . ,- ,,•~ fir( taucNaooaii '; ,~`••,0 43237 ~~f ra1~F `~'1STE"~~•:? s 1fW1aGd byl .f~~// QrrJad hyt ~~/• I OertllSr that tb abwa b tlr blb zoivtl. ~~ ~ ~ 9J WALSH ENGINEERING, INC. OF PEARLAND August 4, 1993 Mr. Fred D. Thompson, P.E. City Engineer City of La Porte P. O. Box 1115 La Porte, Texas 77572-1115 RE: SH 225 Water and Sewer Line Crossings Project No. 91-670100 Dear Mr. Thompson: Upon the receipt of bids for bids were checked and tabulated. Utilities, Inc. at a bid price of $210,379.65 for Section "A" and A upon the review and evaluation of attached), we recommend the award Utilities, Inc. • WILLIAM C. WALSH, P.E. President 2010 E. Broadway, P.O. Box 760 PEARLAND, TEXAS 77588-0760 713/485-2404 the referenced project, all The low bidder is L. A. $160,664.00 for Section "A" and Lternates 1, 2 and 3. Based documents received (see of the contract to L. A. We are looking forward to being of assistance to you during the construction of this project. Please call me if you have any questions. Sin rely, Hassan Moghaddam, Ph.D., P..E., R.P.L.S. Project Manager HM/so Enclosures: 1. Bid Tabulation 2. L.A. Utilities, Inc. 3. L.A. Utilities, Inc. 4. L.A. Utilities, Inc. 5. L.A. Utilities, Inc. 6. Engineer's Note References Experience Financial Statement Equipment Schedule CONSULTING ENGINEERS HOUSTON • PEARLAND • ANGLETON • LONGVIEW • ORDINANCE NO. 93- 1920 AN ORDINANCE APPROVING AND AIITHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND L & A OTILITIES, INC., TO PROVIDE FIITIIRE WATER AND SANITARY SEWER SERVICE NORTH OF STATE HIGHWAY 225; APPROPRIATING $210,379.25 PLIIS A CONTINGENCY OF $10,520.75 TO FIIND SAID CONTRACT; HARING VARIOIIS FINDINGS AND PROVISIONS RELATING TO THE BIIBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; 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. City Council appropriates the sum of $210,379.25 plus a contingency of $10,520.75 from the Capital Improvements Fund Account No. 003 to fund said contract. The funds are to be provided $136,000.00 from the 1993 fiscal year budget, and the remaining $84,900.00 from the 1994 fiscal year budget. 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 NO. 93- 1920 PAGE 2 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 9th day of August, 1993. CITY OF LA PORTE NaZrman ` L . 1~+ia orie , Mayor ATTEST: ~~--2_ Sue Lenes, City Secretary APPROVED: ^ ~^ / ) Knox W. Askins, City Attorney TO: Robert T. He ity Manager FROM: John Joerns, t City Manager UB CT: SH 225 Utili ~ mas S .TE ty o Per my memo of August 6, the staff has been reviewing the above referenced project and bids to determine if there were any means to cut the cost of the project As a result of the review, the staff has generated an alternative construction method that will reduce immediate expenses by as much as 526,400.00. The alternative includes construction of the casings and partial construction of carrier pipes but to defer portions of the construction until there aze customers requesting such service. Attached are the drawings depicting the two optional proposals submitted for the Council's consideration. Attachment "A" shows the casings and carrier pipes from the south right-of- way line to the north right-of--way line at both Miller Cut-Off and Sens Roads. Attachment "B" shows where casings and carrier pipes will be installed with gaps left in the system for future connections as demands for service are received. By installing the connections at Sens Road to the open area between the roadways, the immediate customers' needs can be met by attaching service lines at that point. For the future supply of corporations to the north, the casings will be in place to extend in that direction. By installing casings and carrier pipe beneath roadway surfaces only at Miller Cut-Off Road, we can easily install the connecting carrier pipes at the point in time that we have service requests in the area. As a result of these changes, we can reduce the contract amount of the project to $185,165 ~ and the contingency to 59,334.75. As I stated above, this will result in a savings of 526,400.00 on the project. xc: Charles Harrington -~ ~_ 3 m z --i • • 3 m z Cal ^j ~~~I9 ~ 4 l ~J e ~ S (~ ~ , 3~~ - y ~ ~ 0 a ~' N D Z r~ V 1 ` / ~ ~ L ~ o ~ 1 ~ n ~ ~ ~ ~ ~ ~ ~ ~ ~ . ~ ~, o ~ O z T 1 D r V 1 ~ ~ ~ l ~1 ~ r~ V ~ ^~ ~---t r ~ Z m ~ n n ~ ~ o o N cn ~ ~~ cn z o ~ l . Q~ ~ I ~ o ~. ~ ~ ~ ORDINANCE NO. 93- AN ORDINANCE APPROVING AND AIITHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND L & A IITILITIES, INC., TO PROVIDE FIITIIRE WATER AND SANITARY SEWER SERVICE NORTH OF STATE HIGHWAY 225; APPROPRIATING $185,165.25 PLIIS A CONGINGENCY OF $9,334.75 TO FUND SAID CONTRACT; MAKING VARIOIIS FINDINGS AND PROVISIONS RELATING TO THE SIIBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; 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. City Council appropriates the sum of $185,165.25 plus a contingency of $9,334.75 from the Capital Improvements Fund Account No. 003 to fund said contract. The funds are to be provided $136,000.00 from the 1993 fiscal year budget, and the remaining $58,500.00 from the 1994 fiscal year budget. 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 r ORDINANCE NO. 93- PAGE 2 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 9th day of August, 1993. CITY OF LA PORTS ATTEST: By: Norman L. Malone, Mayor Sue Lenes, City Secretary APPROVED: ~,/ i ~~ Knox W. Askins, City Attorney ! i REQUEST FOR CITY COUNCIL AGENDA ITEM AGENDA DATE REQUESTED August 9. 1993 REQUESTED BY Jeff Litchfield DEPARTMENT Director of Finance REPORT RESOLUTION XX ORDINANCE EXHIBITS: Ordinance Sample Waiver Letter Sample Expense Voucher (included elsewhere in packet) SUMMARY AND RECOMMENDATION City staff has been requested by City Council to determine if it was possible for City Council to forgo their monthly salary and instead, be reimbursed for actual expenses they incur as long as reimbursements do not exceed the amount they would have normally received in salary. The City Attorney has prepared the attached ordinance that allows council members to waive their salary and be reimbursed for their expenses, in lieu of their salary. Also attached is a sample letter that can be filled out by any councilman opting to be reimbursed for their expenses. Included in your packet is a draft of an expense voucher. If so desired, the City will provide these vouchers for Council's use in record keeping and reporting to Finance for their reimbursement. ACTION REQUIRED BY COUNCIL: Approve or disprove the Ordinance. AVAILABILITY OF FUNDS: GENERAL FUND UTILITY FUND OTHER ACCOUNT NUMBER: N/A FUNDS AVAILABLE: YES NO APPROVED FOR CITY COUNCIL AGENDA ROBERT RA ATE CITY A • • ORDINANCE NO. 93-1921 AN ORDINANCE AIITHORIZING MEMBERS OF CITY COIINCIL TO WAIVE PAYMENT OF SALARY AS PROVIDED BY THE HOME ROLE CHARTER OF THE CITY OF LA FORTE, AND, IN LIEII THEREOF, RECEIVE REIMBIIRSEMENT OF E%PENSES ACTIIALLY INCIIRRED IN THE CONDIICT OF CITY BIISINESB; 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 FORTE: Section 1. Section 2.05 of the Home Rule Charter of the City of La Porte provides that "Each councilperson and the mayor shall receive for his services a salary in an amount to be determined by the council, not to exceed the sum of twenty-four hundred dollars ($2,400.00) per year for the mayor, and twelve hundred dollars ($1,200.00) per year for each councilperson." Section 2. The Mayor and any City councilperson may waive the payment of such salary, by filing a written waiver with the City Manager, which waiver shall remain in effect until withdrawn in writing. In lieu of payment of a salary as provided by the Home Rule Charter, the Mayor and any councilperson may file with the Director of Finance, from time to time, written request for monthly reimbursement of expenses actually incurred in the normal conduct of City business. The reimbursement of such expenses actually incurred in the conduct of City business shall not exceed maximum allowable reimbursement as promulgated from time to time by the Internal Revenue Service for such expenses as mileage and meals. The expense reimbursement request shall be in writing; shall be signed and acknowledged by the person requesting reimbursement; and shall be accompanied by itemized receipts or vouchers, together with explanation of the City business purpose for each incurred expense. Total annual • ORDINANCE NO. 93-1921 Paqe 2 reimbursement for expenses incurred shall not exceed the sum which would otherwise have been paid for salary to such person. Section 3. This Ordinance shall not affect any other expense reimbursement policies which City Council may adopt from time to time. Section 4. 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 5. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 9th day of August, 1993. • CITY OF LA PORTE rman L Malone, Mayor ORDINANCE NO. 93-1921 ATTEST: ~ ~~ Sue Lenes, Ci y Secre ary ~_ AP OV D/ Knox W. As ins, Ci y A orney • Page 3 CITY OF LA PORTE INTER-OFFICE MEMORANDUM TO: Robert T. Herrera, City Manager FROM: Councilman DATE: SUBJECT: Waiver of Payment of Salary • In accordance with Ordinance 93- I elect to waive payment of salary as provided by the Home Rule Charter of the City of La Porte, and, in lieu thereof, receive reimbursement of expenses actually incurred in the conduct of City Business. I understand that my expense reimbursement will be limited to that amount that I would have received in salary. ' ~ . • ' , ,.. ~, . , ' ., ~ . ' . ,. °~ t. ,. .. '~~;, „ ~; . _, R ., :.~ ., _ ., ~.~. . , _ ~ Councilman's sement for b i R '' , m ur e Expense ;. , J : ;month of ,For the 199 _ C ~ - ~ Y f , n; ' ~; ,, s ~ ., ~ ~ • ~ ~ ° = Mileage -' ,:- 4 >• #~ ± r _ )~ ; ~ ` F Day ''Ending Beginning Difference, ,Other; (enclose receipts) , .' F _ r . ~ ~ - _ ,. , . ., F ~ - ~~ •• i ~ ~ . - 2 - f- - 3 4 5 6 7 8. . _ , . 9 , 10, ,- • 11 .. 12 ... _, 13 , ~ 14 _ . 15 . 16 ~ _ 17 _ 18 ~ , 19 ~ „ 20 21 22 . 23 ~ - 24 25 .----~---- - - 26 - 27 - _ 28 ~ ' . 29 - 30 ` 31 _ Total mileage for month __ ~' ~ , Times ,; 28 ",cents ,per mile X . 2S ' ~ . , .Equals~Mileage` reimbursement _ Total of receipts .. _~) Total of mileage, and receipts > '. ~ ~ Councilman' Date , ., _ _ ~_ z ~. .a. t ., ' L .. ~ ~~~ - ~~ ~{ REST FOR CITY COUNCIL AGE ITEM Agenda Date Requested: August 9, 1993 Requested By: Bobby L. Powell Department: Police EXHIBITS: Report Resolution X Ordinance Proposed Update Traffic Ordinance Chapter 25, Article 2, Section 23. SUMMARY & RECOMMENDATION I am requesting a new time frame on the School Zones to comply with their new attendance hours in which an update to the Traffic Ordinance Chapter 23; Article II Sec. 25-23 (d) (2) is necessary; Section 25-23. Maximum limits generally. ...(d) Maximim limits and school zones. ...(2) The speed established in this section shall be in effect between 7:00 a.m and 9:00 a.m., and between 2:30 p.m. and 4:30 p.m., Monday through Friday of each week, when the school zone to which such limits applies is properly signed or posted as a school zone. Timed flashing lights, as well as fixed signs, may be used to sign or post a school zone. All schools open all year shall be additionally signed "all year". ACTION REQUIRED BY COUNCIL: Update Traffic Ordinance ie. School Zone. ALTERNATIVE: None AVAILABILITY OF FUNDS: General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other (Grant Funded) Account Number: Funds Available: YES NO Approved for City Council Agenda • • ORDINANCE NO. 1466-D AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2, SECTION 23 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS; ESTABLISHING SPEED LIMITS IN SCHOOL ZONES BETWEEN 7:00 A.M. AND 9:00 A.M., AND BETWEEN 2:30 P.M. AND 4:30 P.M. ON SCHOOL DAYS; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILTY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The Code of Ordinances, City of La Porte, Harris County, Texas, Chapter 25 "Traffic", Article 2, Section 23(d)(2) is hereby amended to read as follows, to-wit: Section 25-23. Maximum limits generally. ...(d) Maximum limits and school cones. ...(2) The speed established in this section shall be in effect between 7:00 a.m. and 9:00 a.m., and between 2:30 p.m. and 4:30 p.m., Monday through Friday of each week during the time periods when the school zone, to which such limits apply, is posted as a school zone. Timed flashing lights, as well as fixed signs, may be used to sign or post a school zone. All schools open all year shall be additionally signed "all year". 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. 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 invalid. Section 4. Any person, as defined in Section 1.07(27), Texas Penal Code, who shall violate any of the provisions of this ordinance, shall be deemed guilty of a misdemeanor and upon C~ ORDINANCE NO. 1466-D Page 2 conviction shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). Section 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 6. 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. PASSED AND APPROVED, this 9th day of August, 1993. ATTEST: Sue Lenes City Secretary AP OV D : ~~ ox W. Asklns City Attorney • CITY OF LA PORTE ~.' BY ~ G~ No an L. Ma ne, Ma r RE~EST FOR CITY COUNCIL AGEN~ ITEM Agenda Date Requested: August 9, 1993 Requested By: Bobby L. Powell Department: Police Report Resolution X Ordinance EXHIBITS: Proposed Update Animals and Fowl Ordinance Chapter 5. SUMMARY & RECOMMENDATION I am requesting an ordinance amending Chapter 5 of The Code of Ordinances of The City Of La Porte, Texas, 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 procedure involving vicious and dangerous animals; declaring La Porte a Bird Sanctuary; regulating wild animals' providing for certain fees and charges; providing for a penalty of a fine not to exceed the sum of two hundred dollars ($200.00) for each offense. These items include the corrections requested by Council at the workshop April 12, 1993. The revisions were reviewed and deemed prosecutable by the City Prosecutor. ACTION REQUIRED BY COUNCIL: Update Animals and Fowl Ordinance ALTERNATIVE: Workshop and revision AVAILABILITY OF FUNDS: General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other (Grant Funded) Account Number: Approved for City Council Agenda Funds Available: YES NO • • LA FORTE POLICE DEPARTMENT INTEROFFICE MEMO TO: Mr. Bob Herrera, City Manager FROM: Bobby L. Powell, Chief of Police SUBJECT: Proposed Update Animals and Fowl Ordinance DATE: August 3, 1993 I am requesting an ordinance amending Chapter 5 of The Code of Ordinances of The City Of La Porte, Texas, 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 procedure involving vicious and dangerous animals; declaring La Porte a Bird Sanctuary; regulating wild animals' providing for certain fees and charges; providing for a penalty of a fine not to exceed the sum of two hundred dollars ($200.00) for each offense; providing a severability clause; finding compliance with the open meeting law; and providing for the effective date thereof. I respectfully request your support. BLP/web • • ORDINANCE NO. 93-1922 AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, REGULATING ANIMALS AND FOWL; PROVIDING FOR DEFINITIONS; PRESCRIBING DIITIES 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 PROCEDURE INVOLVING VICIOUS AND DANGEROUS ANIMALS; DECLARING LA PORTE A BIRD SANCTUARY; REGULATING WILD ANIMALS; PROVIDING FOR CERTAIN FEES AND CHARGES; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED TAE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAIISE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: 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: Chapter 5 ANIMALS AND FOWL Art. I. Definitions, §§ 5-1 Art. II. City Animal Control Officers, §§ 5-2 - 5-10 Art. III. Animal Control, §§ 5-11 - 5-26 Art. IV. Animals in Private Custody, §§ 5-27 - 5-32 Art. V. Bird Sanctuary, §§ 5-33 Art. VI. Wild Animals, §§ 5-34 - 5-37 Art. VII. Baby Chicks, §§ 5-38 ARTICLE I. DEFINITIONS Sec. 5-1. Definitions 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. REVISED: August 9, 1993 ORDINANCE NO. 93- 1922 C~ 2 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 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. Rennel 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. Running at Large: (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. (b) On Premises: Any dog not confined by 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 its owner or owner's agent shall not be deemed "at large". A female dog in heat that is not enclosed shall be considered "at large", whether on or off premises. Unprovoked with respect to an attack by an animal shall mean that the animal was not immediately prior to an attack, incited into retaliation by virtue of being hit, kicked, or struck by a person • • ORDINANCE NO. 93- 1922 3 or animal with an object or a person or animal's body, nor was any part of the animal's body pulled, pinched, or squeezed by a person or other animal. 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, for purposes of this ordinance, 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 Director of Public Health in matters pertaining to zoonosis. Vicious or Dangerous Animal shall mean: (a) 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; (b) Any animal certified by a doctor of veterinary medicine, after observation thereof, as posing a danger to human life, animal life, or property upon the basis of a reasonable medical probability; or (c) Any animal that commits an unprovoked attack on a person or animal on public or private property; or (d) Any animal that attacks or threatens to attack a person or animal; or (e) 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. ORDINANCE NO. 93- 1922 Sec. 5-3. Appointment of Animal Control Officers. 4 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 for the keeping of such animal or animals. Sec. 5-5. Powers of Citizens and Officers. Any officer or citizen of the City of La Porte is hereby authorized (but not required) 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. Sec. 5-6. Fees for Livestock. For each and every animal, other than dogs and cats, taken and impounded there shall be paid to the City of La Porte by the owner thereof or his agents the sum of thirty-five dollars ($35.00) for the taking up and impounding of same, and the further sum of five dollars ($5.00) 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 ten dollars ($10.00) 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 fifty dollars ($50.00) each which shall be paid by the owner or his agent for impounding of same. • • • ORDINANCE NO. 93- 1922 Sec. 5-7. Riqhts of Owners of Impounded Stock. 5 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 Stock. 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, other than a dog or a cat, 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 (10) 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 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: ORDINANCE NO. 93- 1922 6 (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 or 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. No person shall allow a female dog in heat to be tied or chained or otherwise secured in any unfenced or unenclosed area in such a manner that would allow access to said female dog in heat by other stray dogs. This section shall not apply to such dogs when confined within a vehicle. Sec. 5-13. Impoundment, Redemption and Disposition. (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 thirty-five ORDINANCE NO. 93- 1922 ~J 7 dollars ($35.00), if the dog is currently vaccinated and licensed as required by this Code. If the dog is unvaccinated the pound fee shall be forty-five dollars ($45.00), 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) An owner of a dog or a cat wishing to claim their animal from the shelter, must first pay to the Finance Section at City Hall, the fees for City registration; proper vaccination; and a pound fee of $35.00 plus $5.00 per day beginning 24 hours after the animal was picked up. If the owner has the animal spayed or neutered by a participating veterinarian, the $35.00 pound fee will be applied as credit toward the spay/neuter fee. The owner must pay these fees before claiming the animal. Upon presentation of receipt for the fee payment to an Animal Control Officer, the owner may take possession of the animal. The participating veterinarian may then debit the City for the $35.00 fee, plus the vaccination fees. (c) A person may adopt a dog or a cat from the pound by paying the City registration fee at City Hall and pre-paying the fees for vaccination and spaying or neutering at a participating veterinarian. After receipt of payment is presented to an Animal Control Officer, the animal will be delivered to said veterinarian by an Animal Control Officer for the procedures stated. The animal may be released after the procedures are completed to the adopter by an Animal Control Officer or the veterinarian. A list of participating veterinarians shall be kept on file at the Animal Control Unit and the Finance Department at City Hall. (d) 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. (e) 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 ORDINANCE NO. 93- 1922 8 the application and payment of the permit fee established by resolution of the City Council, a metal tag will be issued to the owner, which is required 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 once every twelve (12) calendar months 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 veterinarian, the tag number, and the year of issuance. The owner shall attach the rabies tag to the collar of the dog or cat reflecting the vaccination of the animal. 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. (d) It is unlawful for any person or owner to fail to comply with this section, including the provisions for requiring tags to be displayed upon the collar of the dog or cat, with said collar being attached to the body of the animal. 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. ORDINANCE NO. 93- 1922 9 Sec. 5-17. Vicious or Dangerous Doqs. "Vicious or Dangerous Dogs" shall be governed by the provisions of Chapter 822, "Dangerous Dogs," of the Texas Health and Safety Code, as the same may be amended from time to time. Any Vicious or Dangerous Dog shall be removed from the corporate city limits within 24 hours from the time notice is given to the owner, or party in possession; otherwise, the dog shall be impounded and destroyed in a humane manner. Sec. 5-18. Guard Doqs. (a) Definitions. (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. (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. • ORDINANCE NO. 93- 1922 10 (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 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. ORDINANCE NO. 93- 1922 11 (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 Doqs 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. ARTICLE IV. ANIMALS IN PRIVATE CUSTODY 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. • ORDINANCE NO. 93- 1922 Sec. 5-28. Exceptions. 12 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. Sec. 5-31. Glanders; How Determined. 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. ORDINANCE NO. 93- 1922 ARTICLE V. BIRD SANCTUARY Sec. 5-33. City Declared Bird Sanctuary. 13 (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. Sec. 5-35. Caginq. 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. CJ ORDINANCE NO. 93- 1922 Sec. 5-37. Registration. 14 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 CHICRS Sec. 5-38. Sale of Baby 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, or by students enrolled in an FFA or FHA program in the public schools. (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 quantities of not less than twelve (12). (c) No person shall sell or offer for sale baby chicks, ducklings or fowl or rabbits within the City of La Porte in quantities of less than twelve (12). (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. 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 -J ORDINANCE NO. 93-1922 r: 15 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 who violates a provision of this ordinance, upon conviction in the municipal court of the City of La Porte, shall be subject to a fine not to exceed two hundred dollars ($200.00). Each day of violation shall be considered a separate offense. 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 from and after its passage and approval, and publication of its caption as provided by law. ORDINANCE NO. 93- 1922 16 PASSED AND APPROVED, this 9th day of August, 1993. CITY OF LA PORTE n / /~ /, _~ By: ~~'~~~ ~~ Norman L. Malone, ayo ' ATTEST: <~ Sue Lenes City Secretary APPROVED: ,/~ i "~ ~~~^/ John D. Armstrong Assistant City Attorney • • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: August 8, 1993 Requested By: Alex Osmond, Golf Course Manager/Pro Department: Administration Report Resolution Ordinance Exhibits: Bid Tabulation Bid List SUMMARY & RECOMMENDATION Sealed bids for electric golf cars were opened and read on July 19, 1993. Bid request were mailed to five (5) vendors with two (2) returning bids. Low bid meeting specifications was submitted by E Z Go Textron for a total amount of 513,338.00. This bid is for nine (9) used 1990 model E Z Go cars. There is currently sixty-six (66) 1990 model E Z Go cars at Bay Forest Golf Course. By enlarging our fleet to seventy-five (75) cars we will be able to service 140 player tournaments without renting additional cars. We also will have an easier turnaround on cars during peak months. This will also enable us to rotate cars for preventive maintenance. In FY '92-'93 Golf Course Division budgeted 527,000.00 for purchase of additional golf cars. Action Required by Council: Approve the purchase of nine electric golf cars from E Z Go Textron at a price of 513, 338.00. Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing XX Other (Enterprise) Account Number: 028-800-811-850 Funds Available: XX YES NO Approved for City Council A , eq nda Ro~rtGt`. Herrera DATE City Manager • i CITY OF LA PORTE INTER'OFFICE MEMORANDUM JULY 20, 1993 TO: ALEX OSMOND, GOLF PRO FROM: SUSAN KELLEY, BUYER SUBJECT: SEALED BID #0547 - ELECTRIC GOLF CARS Advertised, sealed bids #0547 - electric golf cars were opened and read on July 19, 1993. Bid requests were mailed to five (5) vendors with two (2) returning bids. Low bid meeting specifications was submitted by E-Z-Go Textron for a total amount of $13,338.Ofl. 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. Attachment: Bid Tabulation Bid List • • • • _ e BID TABULATION - ELECTRIC C70LF CARTS DESCRIPTION E-Z-00 TEXTRON SOUTHWEST GOLF CARTS 1. ELECTRIC GOLF CARTS (9) $1,482,00 $2,150.00 TOTAL $13,338.00 $19,350.00 • CITY OF LA PORTE BIDDERS'S LIST ELECTRIC GOLF CARS - SEALED BID #0547 WATSON DISTRIBUTING P.O. BOX 36211 5335 SOUTHWEST FREEWAY HOUSTON, TX 77235-6211 ATTN: GREG BOCHOLT SOUTHWEST GOLF CARS 2735 S. MAIN STAFFORD, TX 77477 499-0395 ATTN: RANDY ROBINSON EZ - GO TEXTRON 8515 E. NORTHBELT HUMBLE, TX 77347-1559 441-1101 ATTN: RODNEY SCHLIPF CONROE GOLF CAR P.O. BOX 886866 CONROE, TX ?7301 SEALED BID ENCLOSED GREAT TEXAS GOLF CAR CO., INC. 12603 EXECUTIVE, SUITE 80fl STAFFORD, TX 77477 SEALED BID ENCLOSED REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: August 9, 1993 Requested By: J.L. SEASE ~ Department: FIRE X Report Resolution Exhibits: Attached; Bid Memo from Susan Kelly, Buyer Bid Tabulation Bidder List SUMMARY & RECOMMENDATION Ordinance Sealed bids number 0543 for Five Inch Fire Hose were opened on June 6, 1993. Bid requests were sent to ten bidders with four returning bids and one no bid. The low bidder for 1500 feet of five inch fire hose and specified adapters was Casco Industries Inc. in the amount of $8,770.00. The recommendation is to award the bid to Casco Industries Inc. in the amount of $8,770.00. Action Required by Council: Award bid to recommended vendor, award bid to alternate bidder, or reject all bids. Availability of Funds: X General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number:001-500-501-402 Funds Available: X Yes No Approved for City Council Agenda Robert rera City M a r Date • • CITY OF LA PORTE INTEROFFICE MEMORANDITiK JiJNE 7, 1993 TO: JOE SEASE, FIRE CHIEF ~,~J~ FROM: SUSAN KELLEY, BUYER ~~~~'~'~'`~+,,,.--- U" SUBJECT: SEALED BID #0543 - FIVE INCH FIRE HOSE Advertised, sealed bids #0543 for five inch fire hose were opened and read on June 6, 1993. Bid requests were mailed to ten (10) vendors with four (4) returning bids and one (1) no-bids. Copies of the bids are attached 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. Attachment: Bid Copies Bid Tabulation Bid List ~ • BID TABULATION - 5" FIRE ROSE ALTERNATE DESCRIPTION CASCO IND. '~ILLIANS FIRE 'WILSON FIRE ~IILSON FIRE SOUTH COAST ITEN $1. FIRE HOSE 5" FIRE HOSE (1500 FT.) OR 100 ET. SECTIONS (15) $4.99 $542.86 $591.36 $691.68 NO BID ' SUB-TOTAL $7,335.00 $8,142.90 $8,870.40 $10,375.20 ADDITIONAL EQUIPNSNT A. 5" STORTZ INLET (2) $515.00 $124.00 $565.00 $565.00 NO BID B. 5" STCRTZ BY 4" ~4ALE (2) $104.00 $117.33 $115.00 $115.00 C. 5" STCRTZ BY 4" FENALE (2) $98.50 $380.00 $108.00 $108.00 ADD'L EQUIP. SUB-TOTAL $1,435.00 $1,242.55 $1,575.00 $1,576.00 GRAND TOTAL $8,770.00 $9,385.5 $10,445.40 $11,951.20 , • • BIDDER'S LIST SEALED BID #543 - FIVE INCH FIRE HOSE CASCO INDUSTRIES, INC. P. 0. BOX 1596 PASADENA, TX 77501-1596 473-3473 ATTN: COOTIE McNULTY FIRE MASTER 8555 W. MONROE HOUSTON, TX 77061-4898 943-0920 ATTN: PAT LOWE A-1 FIRE EQUIPMENT CO., P.O. BOX 9953 HOUSTON, TX 77213 455-0296 ATTN: KEVIN COGGIN DOOLEY-TACKABERRY INC. P. O. BOX 9700 DEER PARK, TX 77536 479-9700 ATTN: DENNIS BLACKSHEAR CLARK FIRE & EQUIPMENT P. O. BOX 855 DEER PARK, TX 77536 455-1755 ATTN: CLIFF HOLT INC. WILSON FIRE 7070 EMPIRE CENTRAL DRIVE HOUSTON, TX 77040 896-4747 ATTN: BRUCE KEARNS WILLIAMS FIRE & HAZARD CONTROL P.O. BOX 1359 MAURICEVILLE, TX 77626 999-0276 ATTN: BETTY COPELAND RED STAR FIRE & SAFETY P.O. BQX 7116 PASADENA, TX 77508 487-307 ATTN: ROBIN LEBOURGEOIS SOUTH COAST FIRE & SAFETY 4300 SOUTH WAYSIDE #107 HOUSTON, TX 77087 649-6691 ATTN: LES TOUNSEND FIRE TRON, INC. P.O. BOX 1604 STAFFORD, TX 77497 499-1500 ATTN: BILL CORBIN * CITY OF~I-IOUSTON Post Office Box 1562 Houston, Texas 77251 713/247-2200 OFFICE OF THE MAYOR Bob Lanier, Mayor July 29, 1993 The Honorable Norman Malone Mayor of La Porte P.O. Box 1115 La Porte, Texas 77572-0839 Dear Mayor Malone: a ~'""~ 7'- ~- ~~ `~u~~ /~,~61 ~- On September 1, 1993, a new term of office begins for the director of the Gulf Coast Waste Disposal Authority. This appointment is made by the mayors of Harris County municipalities with city halls located within the county. The law provides that, as mayor of the county seat, I may call a meeting of the mayors to make the appointment or I may submit to the mayors by certified mail the recommendation of someone to serve as director. This proposed appointment would take effect with a majority of the mayors giving written approval prior to three (3) days before September 1. I am recommending the reappointment of Mr. John Wildenthal who, as you may know, is currently serving on the board in this capacity. If you approve of this recommendation, please sign one copy of this letter and return it in the enclosed envelope before August 28, 1993. Please contact Ms. Karen McMullen in my office if you have any questions. I appreciate your cooperation in this appointment. Sincerely, ~~~~ Bob Lanier Mayor BL:ksm Enclosures: Return copy of letter Return envelope ~~~~T~~'Ia.~ signature