HomeMy WebLinkAbout1993-10-25 Public Hearing and Regular Meeting
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AGENDA
PUBLIC HEARING AND REGULAR MEETING OF LA PORTE CITY COUNCIL TO BE
HELD OCTOBER 25, 1993, IN THE COUNCIL CHAMBERS OF THE CITY HALL,
604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, BEGINNING AT 6:00 P.M.
Next Ord. 93-1935
Next Res. 93-15
1. CALL TO ORDER
2. INVOCATION BY MAYOR MALONE
3. CONSIDER APPROVING MINUTES OF REGULAR MEETING OCTOBER 11, 1993
4. PROCLAMATIONS:
RED RIBBON WEEK
PHARMACY WEEK
5. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX
PAYERS WISHING TO ADDRESS COUNCIL
6. PUBLIC HEARING - FOR THE PURPOSE OF CONDEMNING AND ORDERING
DEMOLITION OF DANGEROUS BUILDINGS
OPEN PUBLIC HEARING
REVIEW BY STAFF OF REQUEST
PUBLIC INPUT
PUBLIC HEARING CLOSED
7. CONSIDER ORDINANCES DECLARING THE BUILDINGS TO BE IN FACT A
NUISANCE; ORDERING SUCH BUILDINGS CONDEMNED; FINDING RECORD
OWNER OF SAID PROPERTY, ORDERING SAID OWNER TO ENTIRELY REMOVE
OR TEAR DOWN SUCH BUILDINGS; ORDERING SAID OWNERS TO COMMENCE
SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE
EFFECTIVE DATE OF THESE ORDINANCES; ORDERING BOARD OF
INSPECTION TO PLACE NOTICE ON SAID BUILDINGS; ORDERING CITY
SECRETARY TO FORWARD A COPY OF THESE ORDINANCES TO SAID
OWNERS; PROVIDING FOR REMOVAL OF SAID PREMISES BY THE CITY OF
LA PORTE IF NOT REMOVED BY SAID OWNERS IN THE MANNER PROVIDED
HEREIN - AS FOLLOWS:
A. BUILDING LOCATED ON NORTH 15 FEET OF LOT 17, ALL OF LOT
18, SOUTH 18 FEET OF LOT 19, BLOCK 7, BAY FRONT ADDITION
FURTHER DESCRIBED AS 618 SOUTH OHIO, LA PORTE, TEXAS
RECORD OWNERS KARL L. AND FRANCES J. SPRINGER - c/o BETTY
MARCONI (Ord. 1935)
B. BUILDING LOCATED ON LOTS 15 AND 16, BLOCK 80, TOWN OF LA
PORTE
FURTHER DESCRIBED AS 302 NORTH 5TH STREET, LA PORTE,
TEXAS
RECORD OWNER WILLIE MAE TYLER c/o ELVINA JONES (Ord. 93-
1936)
C. BUILDING LOCATED ON LOTS 17-21, BLOCK 76, TOWN OF LA
PORTE
FURTHER DESCRIBED AS 906 WEST ADAMS, LA PORTE, TEXAS
RECORD OWNER EFFIE KING COLEMAN c/o JOHN BURNS (Ord. 93-
1937)
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D. BUILDING LOCATED ON LOTS 3-9, BLOCK 67, TOWN OF LA PORTE
FURTHER DESCRIBED AS 224 NORTH 7TH STREET, LA PORTE,
TEXAS
RECORD OWNER ZION HILL BAPTIST CHURCH (Ord. 93-1938)
E. BUILDING LOCATED ON LOTS 21 & 22, BLOCK 69, BAY FRONT
ADDITION
FURTHER DESCRIBED AS 240 SOUTH OHIO, LA PORTE, TEXAS
RECORD OWNER GLENN E. SAMPSON (Ord. 93-1939)
F. BUILDING LOCATED ON LOT 6, BLOCK 1, OAKHURST SUBDIVISION
FURTHER DESCRIBED AS 211 SOUTH "Y" STREET, LA PORTE,
TEXAS
RECORD OWNER W. T. AND BOWERS J. ROYE c/o RODNEY M.
COWARD (Ord. 93-1940)
G. BUILDING LOCATED ON LOT 19, BLOCK 17, BAYSIDE TERRACE
FURTHER DESCRIBED AS 3126 WEATHERFORD, LA PORTE, TEXAS
RECORD OWNER ARTHUR B. SMITH c/o CAPERTON B. SMITH (Ord.
93-1941)
8. CONSIDER ADOPTING ORDINANCE AUTHORIZING AND RATIFYING THE
OFFER OF INDUSTRIAL DISTRICT AGREEMENTS IN THE BATTLEGROUND
AND BAYPORT INDUSTRIAL DISTRICTS, FOR THE SEVEN YEAR TERM
COMMENCING JANUARY 1, 1994 (Ord. 93-1942) - Bob Herrera
9. CONSIDER ADOPTING AN ORDINANCE DIRECTING THE CITY'S PLANNING
DEPARTMENT TO PREPARE A SERVICE PLAN THAT PROVIDES FOR THE
EXTENSION OF MUNICIPAL SERVICES TO THE AREA COMPRISING THE
BATTLEGROUND INDUSTRIAL DISTRICT AND THE BAYPORT INDUSTRIAL
DISTRICT, PROPOSED TO BE ANNEXED BY THE CITY OF LA PORTE (Ord.
93-1943) - Bob Herrera
10. CONSIDER APPROVING A RESOLUTION DETERMINING THE POLICY OF THE
CITY OF LA PORTE, IN CONNECTION WITH THE SALE OF THAT PORTION
OF LITTLE CEDAR BAYOU PARK SITUATED EAST OF OLD HIGHWAY 146,
AND THE ACQUISITION OF THE FORMER SEABREEZE SAILING CLUB
PROPERTY (Res. 93-15)
11. CONSIDER ADOPTING AN ORDINANCE AUTHORIZING THE SALE AND
CONVEYANCE OF CERTAIN PARCELS OF REAL PROPERTY OWNED BY THE
CITY OF LA PORTE; AUTHORIZING NOTICE TO THE GENERAL PUBLIC OF
THE OFFER OF LAND FOR SALE (Ord. 93-1944) - Bob Herrera
12. CONSIDER ADOPTING AN AMENDMENT TO ORDINANCE 1285, AN ORDINANCE
IMPLEMENTING POLICEMEN'S CIVIL SERVICE; ESTABLISHING
CLASSIFICATIONS; NUMBER OF AUTHORIZED POSITIONS IN EACH
CLASSIFICATION; ESTABLISHING PAY SCHEDULES (Ord. 1285-J) -
Louis Rigby
13. CONSIDER APPROVE AND AUTHORIZE A NON-EXCLUSIVE AGREEMENT
BETWEEN THE CITY OF LA PORTE AND COMPUTER COUNTRY TO FURNISH
VARIOUS PERSONAL COMPUTER SYSTEMS, COMPONENTS AND OPERATING
SYSTEM SOFTWARE - Louis Rigby
14. ADMINISTRATIVE REPORTS
15. COUNCIL ACTION
16. EXECUTIVE SESSION - V.A.T.S. - ARTICLES 6252-17, SECTION 2(E),
(F), (G), (R), - (LEGAL, LAND ACQUISITION, PERSONNEL, AND
CONFERENCES(S) WITH EMPLOYEE(S) TO RECEIVE INFORMATION)
17. 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.
.
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MINUTES OF THE PUBLIC HEARING AND REGULAR MEETING OF
LA PORTE CITY COUNCIL
OCTOBER 25, 1993
1. 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 and Jerry
Clarke
Members of city 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, Director of Administrative Services
Louis Rigby, Police Chief Bobby Powell, Planning Director
Chuck Harrington, Director Parks and Recreation Buddy Jacobs,
Chief Building Official Mark Lewis, Inspector II Debbie
Wilmore, Fire Marshall Paul Hickenbottom
Others Present:
A number of citizens
2. The invocation was given by Mayor Malone.
3. Council considered approving minutes of the Regular Meeting
October 11, 1993.
Motion was made by Councilperson Clarke to approve the October
11 minutes as presented. Second by Councilperson McLaughlin.
The motion carried, 7 ayes and 0 nays and 1 abstain.
(councilperson Gay was away from the Council table)
Ayes: Councilpersons Sutherland, Cooper, McLaughlin,
Porter, Maxwell, Clarke and Mayor Malone
Nays: None
Abstain: Councilperson Thrower
(councilperson Gay came to the Council table at 6:05)
4. Mayor Malone proclaimed the week of October 23-31 as "Red
Ribbon Week". Mrs. Joyce Sease accepted the proclamation and
presented each Councilperson with a red ribbon. The Mayor
also proclaimed October 24-30 as "Pharmacy Week". Ms.
Kathleen Jackson and Mr. Neil Broussard accepted the
proclamation.
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Minutes Public Hearing and Regular Meeting
La Porte City Council
October 25, 1993, Page 2
5. Ms. Jo Redden, 11 Bay Harbor, La Porte, spoke to Council
regarding the Little Cedar Bayou Nature Trail. She was asking
Council to reconsider the offer to sell a portion of the
Little Cedar Park, which she feels will affect the Nature
Trail.
6. Public Hearing - For the purpose of condemning and ordering
demolition of dangerous buildings:
Mayor Malone opened the Public Hearing at 6:17 P.M. and turned
the meeting over to Chief Inspector Mark Lewis. Mr. Lewis
gave an overview of the properties to be considered for
condemnation and answered questions by Council.
councilperson Gay requested the Zion Hill Baptist Church be
allowed to retain the concrete slab at the 228 North 7th
site, to be utilized by the Church at a later date. Mr. Lewis
stated if the slab is found to be structurally sound and if it
can be utilized in a manner that will comply with Building
Codes and zoning Ordinance requirements, the Zion Hill Baptist
Church request will be considered.
Three citizens spoke during the Public Hearing. Mr. John
Vermevlen spoke regarding the house on 618 South Ohio. Mr.
Vermevlen was in favor of the demolition of the building. Mr.
Wendell Kling spoke regarding house at 3126 Weatherford and
was in favor of the demolition of the building at this site.
Mr. Marvin Shippey spoke regarding the house at 211 South "Y"
Street. Mr. Shippey was in favor of demolition of the
building at this site but requested the drive way be left in
tack if possible. Mayor Malone ask Mr. Shippey to visit with
Mark Lewis at a later date regarding his request.
The Public Hearing was Closed at 6:32 P.M.
7. Council considered ordinances declaring the buildings to be a
nuisance; ordering such buildings condemned; finding record
owners of said property; ordering said owner to entirely
remove or tear down such buildings; ordering said owners to
commence said removal or demolition within (10) days from the
effective date of these ordinances; ordering Board of
Inspections to place notice on said buildings; ordering City
Secretary to forward a copy of these ordinances to said
owners; providing for removal of said premises by the City of
La Porte if not removed by said owner in the manner provided
herein. Mayor Malone stated the recommendation of staff is to
declare all seven buildings to be a nuisance, to be condemned
and demolished.
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Minutes Public Hearing and Regular Meeting
La Porte City Council
October 25, 1993, Page 3
City Attorney read and summarized all ordinances describing
the buildings, their locations and owners: ORDINANCE 93-
1935 - An Ordinance regarding the building located on Lot(s)
North 15 I of 17, all of 18 and South 18 I of 19, Block 7,
Bayfront Addition, La Porte, Harris County, Texas. Record
owners Karl L. and Frances J. springer c/o Betty Marconi.
This is the property at 618 South Ohio Street.
ORDINANCE 93-1936 - An Ordinance regarding the building
located on Lot(s) 15 and 16, Block 80, Town of La Porte,
Harris County, Texas. Record Owner Willie Mae Tyler c/o
Elvina Jones. This is the property at 302 North 5th Street.
ORDINANCE 93-1937 - An Ordinance regarding the building
located on Lot(s) 17 through 21, Block 76, Town of La Porte,
Harris County, Texas. Record owner Effie King Coleman c/o
John Burns. This is the property at 906 West Adams Street.
ORDINANCE 93-1938 - An Ordinance regarding the building
located on Lot(s) 3 through 9, Block 67, Town of La Porte,
Harris County, Texas. Record Owner Zion Hill Baptist Church.
This is the property at 224 North 7th Street.
ORDINANCE 93-1939 - An Ordinance regarding the building
located on Lot(s) 21 and 22, Block 69, Bayfront Addition, La
Porte, Harris county, Texas. Record Owner Glenn E. Sampson.
This is the property at 240 South Ohio Street.
ORDINANCE 93-1940 - An Ordinance regarding the building
located on Lot(s) 6, Block 1, Oakhurst Subdivision, La Porte,
Harris County, Texas. Record Owners W. T. and Bowers J. Roye
c/o Rodney M. Coward. This is the property at 211 South "yo
Street.
ORDINANCE 93-1941 - An Ordinance regarding the building
located on Lot(s) 19, Block 17, Bayside Terrace, La Porte,
Harris county, Texas. Record Owner Arthur B. Smith c/o
Caperton B. Smith. This is the property at 3126 Weatherford
Street.
Motion was made bv Councilperson Maxwell to aDDrove Ordinances
93-1935 through 93-1941. Second by Councilperson Gay.
Councilperson Porter stated it was pleasing to see that none
of the recommendations were challenged and felt this is a sign
of progress. Councilperson Sutherland urged staff to give as
much consideration as possible to keeping the slabs, if they
could be an enhancement to the area. The motion carried, 9
ayes and 0 nays.
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Minutes Public Hearing and Regular Meeting
La Porte city council
October 25, 1993, Page 4
Nays:
councilpersons Sutherland, Cooper,
McLaughlin, Porter, Gay, Maxwell, Clarke
Malone
None
Thrower,
and Mayor
Ayes:
8. Council considered adopting ordinance authorizing and
ratifying the offer of Industrial District agreements in the
Battleground and Bayport Industrial Districts, for the seven
year term commencing January 1, 1994.
City Attorney read: ORDINANCE 93-1942 AN ORDINANCE
AUTHORIZING AND RATIFYING THE OFFER OF INDUSTRIAL DISTRICT
AGREEMENTS IN THE BATTLEGROUND AND BAYPORT INDUSTRIAL
DISTRICTS, FOR THE SEVEN YEAR TERM COMMENCING JANUARY 1, 1994;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING
AN EFFECTIVE DATE HEREOF.
Motion was made by Council~erson Porter to aDDrove Ordinance
93-1942 as read by the city Attorney. Second by Councilperson
Sutherland. The motion carried, 9 ayes and 0 nays.
Nays:
councilpersons Sutherland, Cooper,
McLaughlin, Porter, Gay, Maxwell, Clarke
Malone
None
Thrower,
and Mayor
Ayes:
9. Council considered adopting an ordinance directing the city's
Planning Department to prepare a service plan that provides
for the extension of municipal services to the area comprising
the Battleground Industrial District and the Bayport
Industrial District, proposed to be annexed by the City of La
Porte.
city Attorney read: ORDINANCE 93-1943 - AN ORDINANCE DIRECTING
THE CITY'S PLANNING DEPARTMENT TO PREPARE A SERVICE PLAN THAT
PROVIDES FOR THE EXTENSION OF MUNICIPAL SERVICES TO THE AREA
COMPRISING THE BATTLEGROUND INDUSTRIAL DISTRICT AND THE
BAYPORT INDUSTRIAL DISTRICT, PROPOSED TO BE ANNEXED BY THE
CITY OF LA PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by CouncilDerson McLauahlin to apDrove
Ordinance 93-1943 as read by the city Attorney. Second by
Councilperson Clarke. The motion carried, 9 ayes and 0 nays.
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Minutes Public Hearing and Regular Meeting
La Porte City Council
October 25, 1993, Page 5
Nays:
councilpersons Sutherland, Cooper,
McLaughlin, Porter, Gay, Maxwell, Clarke
Malone
None
Thrower,
and Mayor
Ayes:
10. Council considered approving a resolution determining the
policy of the City of La Porte, in connection with the sale of
that portion of Little Cedar Bayou Park situated East of Old
Highway 146, and the acquisition of the former Seabreeze
Sailing Club property.
City Attorney read: RESOLUTION NO. 93-15 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LA PORTE, MAKING CERTAIN FINDINGS
OF FACT, AND DETERMINING THE POLICY OF THE CITY OF LA PORTE,
IN CONNECTION WITH THE SALE OF THAT PORTION OF LITTLE CEDAR
BAYOU PARK SITUATED EAST OF OLD HIGHWAY 146, AND THE
ACQUISITION OF THE FORMER SEABREEZE SAILING CLUB PROPERTY;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING
AN EFFECTIVE DATE HEREOF.
Motion was made by councilperson Gay to aporove Resolution 93-
15 as read bY the city Attorney. Second by Councilperson
Porter. The motion carried, 9 ayes and 0 nays.
Nays:
Councilpersons Sutherland, Cooper,
McLaughlin, Porter, Gay, Maxwell, Clarke
Malone
None
Thrower,
and Mayor
Ayes:
11. Council considered adopting an ordinance authorizing the sale
and conveyance of certain parcels of real property owned by
the City of La Porte; authorizing notice to the general public
of the offer of land for sale.
City Attorney read: ORDINANCE 93-1944 AN ORDINANCE
AUTHORIZING THE SALE AND CONVEYANCE OF CERTAIN PARCELS OF REAL
PROPERTY OWNED BY THE CITY OF LA PORTE; MAKING CERTAIN
FINDINGS OF FACT; AUTHORIZING NOTICE TO THE GENERAL PUBLIC OF
THE OFFER OF LAND FOR SALE; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made bY Counciloerson Clarke to adoot Ordinance 93-
1944 as read by the city Attorney. Second by Councilperson
Gay. The motion carried, 9 ayes and 0 nays.
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Minutes Public Hearing and Regular Meeting
La Porte city council
October 25, 1993, Page 6
Nays:
Councilpersons Sutherland, Cooper,
McLaughlin, Porter, Gay, Maxwell, Clarke
Malone
None
Thrower,
and Mayor
Ayes:
12. Council considered adopting an amendment to Ordinance 1285, an
ordinance implementing pOlicemen's civil service; establishing
classifications; number of authorized positions in each
classification; establishing pay schedules.
City Attorney read: ORDINANCE 1285-J - AN ORDINANCE AMENDING
ORDINANCE NO 1285, "AN ORDINANCE IMPLEMENTING POLICEMEN'S
CIVIL SERVICE; ESTABLISHING CLASSIFICATIONS; NUMBER OF
AUTHORIZED POSITIONS IN EACH CLASSIFICATION; ESTABLISHING PAY
SCHEDULES; CONTAINING SEVERABILITY CLAUSE; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; CONTAINING A REPEALING CLAUSE; AND
PROVIDING AN EFFECTIVE DATE HEREOF".
Motion was made by Councilperson Maxwell to adopt Ordinance
1285-J as read by the city Attorney. Second by Councilperson
McLaughlin. The motion carried, 9 ayes and 0 nays.
Nays:
councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor
Malone
None
Ayes:
13. Council considered approving and authorizing a non-exclusive
agreement between the City of La Porte and Computer country to
furnish various personal computer systems, components and
operating system software.
Motion was made by Councilperson Thrower to approve and
authorize a non-exclusive aqreement between the City of La
Porte and Computer Country to furnish various personal
computer systems. components and operatinq system software.
Second by Councilperson McLaughlin. The motion carried, 9
ayes and 0 nays.
Nays:
councilpersons Sutherland, Cooper,
McLaughlin, Porter, Gay, Maxwell, Clarke
Malone
None
Thrower,
and Mayor
Ayes:
14 . Administrati ve Reports: ci ty Manager Bob Herrera reported the
Audit Committee met today. The Audit Committee consists of
Councilpersons Bob McLaughlin, Bob Thrower, Alton Porter,
staff members Jeff Litchfield, Rick Overgaard and Bob Herrera
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Minutes Public Hearing and Regular Meeting
La Porte city council
October 25, 1993, Page 7
and two representatives from Null and Associates. Mr. Herrera
passed out a packet of information regarding the audit to the
City council members. He announced as a result of its policy
decisions and the guidance that has been given to staff over
the last twelve month, the City has earned approximately
$611,000.00 in interest. Mr. Herrera complimented the audit
committee as well as Mr. Litchfield and Rick Overgaard for
their fine effort. Mr. Herrera also passed out to Council an
agenda for the executive staff retreat to be held October 27,
28 and 29.
15. Councilperson Sutherland, Cooper, McLaughlin, Porter, Gay,
Maxwell, Clarke and Mayor Malone brought items before the
Council.
16. There was no executive session held.
17. There being no further business to come before Council, the
meeting was adjourned at 7:14 P.M.
Respectfully submitted,
Sue Lenes, City Secretary
Passed & Approved this the 8th
day of November, 1993
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Excerpts from the
October 25, 1993
Public Hearing and Regular Called Meeting
of La Porte City Council
Agenda Item #10
Councilman Thrower: I have a question. The lady out here spoke of grants to
the school and the University of Houston for doing work out there. Are there any
formal agreements between the City and school or the University of Houston for
doing things like that?
Robert T, Herrera, City Manager: Councilman Thrower, you asked me that
question earlier in the day, and my response to you was that I knew of no verbal or
written contract with either the school district, and tonight I heard for the first time
I believe you said University of Houston at Clear Lake, that there was a recent
approval, so I had no prior knowledge of any grants what so ever.
Agenda Item #11 - Consider Adopting an Ordinance Authorizing the Sale and
Conveyance of Certain Parcels of Real Properties Owned by the City of La Porte
Authorizing Notice to the General Properties of the Offer of Land for Sale Ordinance
93-1944
Robert T. Herrera, City Manager: Mayor, City Council, this agenda item
follows the item which was recently adopted by the Council as a policy making
matter. Within this agenda item the staff is seeking permission from the City
Council to run In conjunction with the sale of the property that Is east of SH 146
that we now consider to be the east portion of Little Cedar Bayou Park that the
City of La Porte be permitted to go out and solicit proposals and that the minimum
proposal sought for this piece of property is $700,000. If successful the City will
use these proceeds to to purchase what we formerly know as the Seabreeze
Sailing Club for a public park for the City of La Porte. As you know the City
Council over the years in our Comprehensive Plan and our Visions '89 has called
the City of La Porte look for more water recreation activities for our public In
general. The only way this transaction can occur if there is an affirmative vote by
the citizenry of the City of La Porte on November 2 which authorizes the City to
sale this piece of property. If that is the case the City must also continue to wait
for approval from the Texas Parks and Wildlife Department. But this offers the City
of La Porte the opportunity to advertise for bids, solicit bids and place a minimum
asking price of $700,000.
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Office of the Mayor
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Alcohol and other drug abuse in this nation has
reached epidemic stages, and the 15-24 year old age
group is dying at a faster rate than any other age group;
and
WHEREAS, it is imperative that visible, unified prevention education efforts by
community members be launched to reduce the demand for drugs; and
WHEREAS, the La Porte Independent School District Drug-Free Schools and
Communities are sponsoring the National Red Ribbon Campaign. offering citizens the
opportunity to demonstrate their commitment to drug free lifestyles; and
WHEREAS, the National Red Ribbon Campaign. will be celebrated in every
community in America during ''Red Ribbon ~ek'~ October 23-31, 1993; and
WHEREAS, commitment to drug-free, healthy lifestyles will be demonstrated
by wearing and displaying red ribbons during this week-long campaign.
NOW, THEREFORE, I, NORMAN L. MALONE, MAYOR of the City
of La Porte, do hereby proclaim the week of October 23-31, 1993, as
RED RIBBON WEEK
in the City of La Porte, and encourage all citizens to pledge: La Porte and Me... The Choice _
Drug Free!
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Seal of the City to be affixed hereto, this the 25th day of October; 1993.
CITY OF LA PORTE
Norman L. Malone, Mayor
Offi~e of the ~ayor
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The sophistication of health care in the United States
enhances the quality of life for every man, woman and
child; and
WHEREAS, an integral part of quality health care includes drug therapy which
is increasingly more sophisticated; and
WHEREAS, more than 13,000 practicing pharmacists in Texas daily apply their
five-years or more of training and education to dispense medications and to monitor prescription
and non-prescription medications for the correct dosages as well as possible allergic and drug
interactions; and
WHEREAS, these professional pharmacists counsel patients to help assure the
maximum benefits of both prescription and non-prescription medications; and
WHEREAS, public opinion polls consistently rank pharmacists among the most
highly-respected professionals for their unselfish gifts of time, lawwledge and talent to advise the
public on health concerns.
NO~ THEREFORE, I, NORMAN L. MALONE, MAYOR of the City
of La Porte, do hereby proclaim the week of October 24-30, 1993, as
PHARMACY WEEK
in the City of La Porte, and urge all citizens to acknowledge and utilize the expertise of
pharmacists whose skills, concern and knowledge contribute to the health and well-being of this
community.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Seal of the City to be affixed hereto, this the 25th day of October, 1993.
CITY OF LA PORTE
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Norman L. Mal!)ne, Mayor
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REQUEST FOR CITY COUNCIL AGENDA ITEM
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Aqenda Date Requested: October
Requested By: Chuck Harrinqto~
x
Report
Resolution
x
Ordinance
Exhibits: 1. List of location and status of dangerous buildings
2. Condemnation Ordinance for 7 Dangerous Buildings
Inspections reports are attached as ordinance
exhibits.
==============================================================
SUMMARY , RECOMMENDATION
summary:
City council, at its September 27, 1993 meeting,
authorized the Dangerous Building Board of Inspection to schedule
an October 25, 1993 public hearing. The purpose of the hearing is
to consider condemning and ordering the demolition of eight (8)
substandard structures. Subsequent to the September 27th meeting,
as required by Ordinance 1145, two (2) separate notices were
published in the Bayshore Sun. Certified letters containing public
notices were mailed to the owner(s) of each of the buildings in
question. A placard, identifying the structures as substandard was
posted on each building.
The purpose of this public hearing is to take property owner
and citizen comments as to why each of the buildings should or
should not be condemned and demolished. Following the close of the
hearing, Council will be asked to consider condemnation of the
structures. A separate ordinance is required to condemn each of
the structures.
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As of October 18, 1993, the date on which this request is
being prepared, seven structure remain. A demolition permit for
224 North 7th is issued, but the structure has not yet been
removed.
Demolition of 211 South "Y" street was begun by the
owner, but has been abandoned.
Condemnation ordinances have been prepared for each of the
remaininq seven (7) structures. One complete ordinance is attached
as reference. As the ordinances are all in a standardized form, in
the interest of reducinq the bulkiness of the aqenda packet, only
cover paqes and inspection reports have been included for the other
ordinances.
Recommendation:
The Dangerous Building Board of Inspection
unanimously recommends that all seven (7) of the remaining
dangerous buildings be condemned and demolished.
Action Required by Council:
1. Conduct public hearing.
2. Consider passing ordinances condemning each of the seven
dangerous buildings.
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Availability of Funds: N/A
General Fund Water/Wastewater
Capital Improvement
General Revenue Sharing
Other
Account Number:
Funds Available:
Yes
No
Approved for City council Aqenda:
~L-~
JO.'Z~~'1
Robert T. Herrera
Date
city Manager
-----------------------------------------------------------------
-----------------------------------------------------------------
e
e
DANGEROUS BUILDINGS/FALL 1993
City Council on September 27, 1993 authorized a public hearing for the purpose of
considering condemnation of eight dangerous buildings. As of October 18, 1993, the status
of each of these buildings is as follows:
618 South Ohio:
No change
302 North 5th:
No change
906 West Adams:
No change
224 North 7th:
Demolished by owner. Debris not yet removed from
site, but demolition is substantially complete. No further
City Council action necessary.
228 North 7th:
Demolition permit issued but demolition not yet started.
240 South Ohio:
No change
211 South "Y":
Demolition work started but abandoned. Owner has
contacted City and stated intention to have City
demolish structure.
3126 Weatherford:
No change
The Dangerous Building Board of Inspection recommends that City Council pass
ordinances condemning all seven remaining structures including 224 North 7th Street and
211 South "Y" Street.
,
-.,
e e
ORDINANCE NO. 93-l935
AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOT(S) N. 15' of 17, All of
\ 18 & S. 18' of 19 ,BLOCK 7 ,ADDITION Bavfront
, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING
SUCH BUILDING CONDEMNED; FINDING THAT Karl L. & Frances J. Springer
c/o Betty Marconi IS THE RECORD OWNER OF SAID PROPERTY;
ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH
BUILDING; ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR
DEMOLITION WITHIN TEN (lO) DAYS FROM THE EFFECTIVE DATE OF THIS
ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON
SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COpy OF
THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL OF SAID
PREMISES BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER IN
THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW.
WHEREAS, the City Council of the City of La Porte, passed and
approved sections 8-115 through 8-126 of the Code of Ordinances of
the city of La Porte, creating a Board of Inspection to be composed
of the Building Official or his duly authorized representative, the
Fire Chief or his duly authorized representative, and the Fire
Marshal or his duly authorized representative; and
I
WHEREAS, section 8-118(aa) of said sections provide that:
Whenever it shall come to the attention of the Board
of Inspection or any member thereof, by reason of the carrying
out of the necessary duties of such member, or by reason of a
complaint of any citizen of the City or of the City Council,
that a dangerous building exists, the Board shall, within
twenty-four (24) hours of the receipt of said complaint, make
a thorough inspection of said alleged dangerous building; and
WHEREAS, section 8-118(c) provides that:
After the inspection provided for in this section has
been made, with or without the aid of experts, the Board shall
immediately report its conclusion in writing to each of the
members of the City Council and to the City Attorney. Such
report shall state the circumstances and the condition of the
building upon which such conclusion was based. The report
shall be filed in all cases no matter what conclusion is
stated by the Board; and
WHEREAS, it has heretofore come to the attention of the
Board of Inspection that the building located on N. 15' of Lot
l7, All of Lot 18, S. 18' of Lot 19; Block 7; Bayfront Addition,
which is further described as 618 So. Ohio
\
e
e
Ordinance No. 93-l935
, Page 2
\
Harris county, Texas, has, for the reason of neglect or misuse,
been allowed to deteriorate into a condition of decay or partial
ruin or has become a fire hazard, as defined in section 8-ll7 of
the Code of Ordinances of the city of La Porte; and
WHEREAS, said Board of Inspection has heretofore made and
filed its written report, dated September 01, 1993, finding said
building to be in fact a dangerous building;
WHEREAS, city Council received such report, and ordered notice
to the record owner of said property, Karl L. & Frances J. Springer
, whose address is 922 Hackberry - La Porte, Tx 77571-
6912 , that a hearing as provided in
section 5 of said Ordinance would be held at 604 West Fairmont
Parkway, at the Council Chambers, city Hall, city of La Porte,
Texas, at which time the Council would hear evidence for and
against the conclusions of the Board;
WHEREAS, the City Secretary has heretofore served notice of
said hearing upon said owner, by registered mail, return receipt
requested, which return receipt indicates that said owner received
said notice on Notice Returned , a date more than ten
(10) days before the date set for said hearing;
WHEREAS, at said date, time, and place, city council met in
regular session .to conduct such public hearing, at which time
evidence was presented both for and against the conclusions of the
Board of Inspection;
WHEREAS, city Council, after due deliberation, and within
fifteen (15) days after the termination of the hearing, is required
to make its decision in writing and enter its order; and
e
e
Ordinance No.
93-1935
, Page 3.
\
WHEREAS, city Council entered its order on October 25, 1993
a day which is within fifteen (15) days after the termination of
the. hearing; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1.
This Ordinance contains the .findings and orders
of the city council of the city of La Porte, and its conclusions"
based upon the evidence presented at said hearing.
section 2.
Based on the evidence presented at said
hearing, the city council hereby adopts the attached report of the
Board of Inspection, in full, and incorporates such by reference
herein as fully as though set out herein.
section 3.
The city council hereby finds, determines and
declares such building to be a nuisance, and orders such building
condemned.
section 4.
The city Council hereby finds, determines and
declares that Karl L. & Frances J. Sprinqer
, who resides at
922 Hackberry - La Porte, Tx 77571-6912
is
the record owner of the property on which this building is
situated, and that as such record owner, the said Karl L. & Frances
J. Springer
has been duly and legally notified
of these proceedings.
section 5.
The city council hereby orders the said Karl L. &
Frances J. Springer to entirely remove or tear down such
Karl L. &
building, and further orders the said Frances J. Sprinqer to
commence such removal within ten (10) days from the effective date
of this Ordinance, and to complete such removal of demolition of
such building within a reasonable time.
e
e
Ordinance No.
93-1935
, Page 4.
\
section 6. The city Council hereby orders the Board of
Inspection of the City of La Porte to cause a notice of the
dangerous, insanitary condition of the building to be affixed in
one or more conspicuous places on the exterior of the building,
which notice or notices shall not be removed or defaced by any
person, under penalty of law.
section 7. The city council hereby orders the City
Secretary to forward a certified copy of this Ordinance, to the
record owner of said property, the said Karl L. & Frances J.
Springer , by registered mail, return receipt
requested.
section 8. Should the said Karl L. & Frances J. Springer
not comply with the orders contained in this Ordinance relating to
the removal or demolition of such building within ten (10) days
after hereof, then the Board of Inspection of the city of La Porte
shall enter upon the said premises with such assistance as it may
deem necessary, and cause the said building to be removed or
demolished without delay, and the expenses of such procedure shall
be charged against the said Karl L. & Frances J. Sprinqer
, record owner of said property, and shall
thereupon become a valid and enforceable personal obligation of
said owner of such premises, and the said Board of Inspection shall
carefully compute the cost of such removal or demolition, which
cost shall be hereafter assessed against the land occupied by such
building, and made lien thereon.
section 9. The city council officially finds, determines,
and recites and declares that a sufficient written notice of the
date, hour, place and subject of this meeting of the City council
was posted at a place convenient to the public at the city Hall of
the city for the time required by law
e
e
Ordinance No. 93-1935
, Page 5.
\
preceding this meeting, as required by the Open Meetings Law,
Article 6252-17, Texas Revised civil statutes Annotated~ and that
this meeting has been open to the public as required by law at all
times during which this ordinance and the subject matter thereof
has been discussed, considered and formally acted upon. The City
Council further ratifies, approves and confirms such written notice
and the contents and posting thereof. .
section 10.
This Ordinance shall take effect and be in
force from and after its passage and approval.
. PASSED AND APPROVED this the 25th day of
19 93
october
CITY OF LA PORTE
~ Y4
By .. ,It"'/;/d' ~
/. Mayo ~
ATTEST:
~,~
city Secretary
APPROVED:
city Attorney
\
..
e e
ORDINANCE NO. 93-1936
AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOT(S) 15,16
,BLOCK 80 ,ADDITION . La Porte
, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING \
SUCH BUILDING CONDEMNED; FINDING THAT Nillie Mae Tyler c/o
Elvina Jones IS THE RECORD OWNER OF SAID PROPERTY;
ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH
BUILDING; ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR
DEMOLITION WITHIN TEN (lO) DAYS FROM THE EFFECTIVE DATE OF THIS
ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON
SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COPY OF
THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL OF SAID
PREMISES BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER IN
THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW.
WHEREAS, the city council of the City of La Porte, passed and
approved Sections 8-115 through 8-126 of the Code of Ordinances of
the city of La Porte, creating a Board of Inspection to be composed
of the Building Official or his duly authorized representative, the
Fire Chief or his duly authorized representative, and the Fire
Marshal or his duly authorized representative; and
WHEREAS, section 8-118(aa) of said Sections provide that:
Whenever it shall come to the attention of the Board
of Inspection or any member thereof, by reason of the carrying
out of the necessary duties of such member, or by reason of a
complaint of any citizen of the city or of the city council,
that a dangerous building exists, the Board shall, within
twenty-four (24) hours of the receipt of said complaint, make
a thorough inspection of said alleged dangerous building; and
WHEREAS, section 8-118(C) provides that:
After the inspection provided for in this Section has
been made, with or without the aid of experts, the Board shall
immediately report its conclusion in writing to each of the
members of the city council and to the .city Attorney. Such
report shall state the circumstances and the condition of the
building upon which such conclusion was based. The report
shall be filed in all cases no matter what conclusion is
stated by the Board; and
WHEREAS, it has heretofore come to the attention of the
Board of Inspection that the building located on Lots 15,16;
Block 80; La Porte, which is further described as 302 N. 5th
\
e
e
Ordinance No.
93-1936
, Page 2
\
Harris County, Texas, has, for the reason of neglect or misuse,
been allowed to deteriorate into a condition of decay or partial
ruin or has become a fire hazard, as defined in section 8-117 of
the Code of Ordinances of the City of La porte; and
WHEREAS, said Board of Inspection has heretofore made and
filed its written report, dated September 01, 1993, finding said
building to be in fact a dangerous building;
WHEREAS, City Council received such report, and ordered notice
to the record owner of said property, Willie Mae Tyler c/o Elvina
Jones ,whose address is 302 N. 5th - La Porte, Tx 77571-
3430 , that a hearing as provided in
section 5 of said Ordinance would be held at 604 West Fairmont
Parkway, at the Council Chambers, city Hall, City of La Porte,
Texas, at which time the Council would hear evidence for and
against the conclusions of the Board;
WHEREAS, the City Secretary has heretofore served notice of
said hearing upon said owner, by registered mail, return receipt
requested, which return receipt indicates that said owner received
said notice on Notice Returned , a date more than ten
(10) days before the date set for said hearing;
WHEREAS, at said date, time, and place, city council met in
regular session .to conduct such public hearing, at' which time
evidence was presented both for and against the conclusions of the
Board of Inspection;
WHEREAS, City council, after due deliberation, and within
fifteen (15) days after the termination of the hearing, is required
to make its decision in writing and enter its order; and
\
e
e
Ordinance No.
93-1936
, Page 3.
WHEREAS, city council entered its order on October 25, 1993
a day which is within fifteen (15) days after the termination of
\
the hearing; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1.
This Ordinance contains the findings and orders
of the city council of the city of La Porte, and its conclusions"
based upon the evidence presented at said hearing.
Section 2.
Based on the evidence presented at said
hearing, the City council hereby adopts the attached report of the
Board of Inspection, in full, and incorporates such by reference
herein as fully as though set out herein.
section 3.
The city Council hereby finds, determines and
declares such building to be a nuisance, and orders such building
condemned.
section 4. The city council hereby finds, determines and
declares that Willie Mae Tyler c/o Elvina Jones , who resides at
302 N. 5th - La Porte, Tx 77571-3430
, is
the record owner of the property on which this building is
situated, and that as such record owner, the said Willie Mae Tyler
c/o Elvina Jones
has been duly and legally notified
of these proceedings.
section 5.
The City council hereby orders the said Hillie Mae
Tyler c/o Elvina Jones to entirely remove. or tear down such
Elvina Jones
building, and further orders the saidtvillie Mae Tyler c/o to
commence such removal within ten (10) days from the effective date
of this Ordinance, and to complete such removal of demolition of
such building within a reasonable time.
\
e
e
Ordinance No.
93-1936 P 4
, age .
\
section 6.
The city council hereby orders the Board of
Inspection of the city of La Porte to cause a notice of the
dangerous, insanitary condition of the building to be affixed in
one or more conspicuous places on the exterior of the building,
which notice or notices shall not be removed or defaced by any
person, under penalty of law.
section 7.
The city council hereby orders the city
Secretary to forward a certified copy of this Ordinance, to the
record owner of said property, the said Willie Mae Tyler c/o
Elvina Jones
, by registered mail, return receipt
requested.
Section 8.
Should the said Willie Mae Tyler c/o Elvina Jones
not comply with the orders contained in this Ordinance relating to
the removal or demolition of such building within ten (10) days
after hereof, then the Board of Inspection of the city of La Porte
shall enter upon the said premises with such assistance as it may
deem necessary, and cause the said building to be removed or
demolished without delay, and the expenses of such procedure shall
be charged against the said Willie Mae Tyler c/o Elvina Jones
record owner of said property, and shall
thereupon become a valid and enforceable personal obligation of
said ~wner of such premises, and the said Board of Inspection shall
carefully compute the cost of such removal or demolition, which
cost shall be hereafter assessed against the land occupied by such
building, and made lien thereon.
section 9.
The City council officially finds, determines,
and recites and declares that a sufficient written notice of the
date, hour, place and subject of this meeting of the city Council
was posted at a place convenient to the public at the city Hall of
\
the city for the time required by law
e
e
Ordinance No.
93~1936 , Page 5.
\
preceding this meeting, as required by the Open Meetings Law,
Article 6252-17, Texas Revised civil statutes Annotated; and that
this meeting has been open to the public as required by law at all
times during which this ordinance and the subject matter thereof
has been discussed, considered and formally acted upon. The city
Council further ratifies, approves and confirms such written notice
and the contents and posting thereof.
section 10.
This Ordinance shall take effect and be in
force from and after its passage and approval.
PASSED AND APPROVED this the 25th day of October
19 93
CITY OF LA PORTE
By 2~!h//J~~
/ 'Mayor .
ATTEST:
~~
City Secretary
APPROVED:
62i~
City Attorney
\
-. ,
e
e
ORDINANCE NO.
93-1937
AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOT (S) 17- 21
\ ,BLOCK 76 ,ADDITION La Porte
, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING
SUCH BUILDING CONDEMNED; FINDING THAT Effie Kinq Coleman c/o
John Burns IS THE RECORD OWNER OF SAID PROPERTY;
ORDERING THE SAID OWNER TO ENTIRELY REMOVE QR TEAR DOWN SUCH
BUILDING; ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR
DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS
ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON
SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COPY OF
THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL OF SAID
PREMISES BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER IN
THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW.
WHEREAS, the city Council of the city of La Porte, passed and
approved Sections 8-115 through 8-126 of the Code of Ordinances of
the City of La Porte, creating a Board of Inspection to be composed
of the Building Official or his duly authorized representative, the
Fire Chief or his duly authorized representative, and the Fire
Marshal or his duly authorized representative; and
WHEREAS, Section 8-118(aa) of said Sections provide that:
Whenever it shall come to the attention of the Board
of Inspection or any member thereof, by reason of the carrying
out of the necessary duties of such member, or by reason of a
complaint of any citizen of the city or of the city Council,
that a dangerous building exists, the Board shall, within
twenty-four (24) hours of the receipt of said complaint, make
a thorough inspection of said alleged dangerous building; and
WHEREAS, Section 8-118(C) provides that:
After the inspection provided for in this Section has
been made, with or without the aid of experts, the Board shall
immediately report its conclusion in writing to each of the
members of the city Council and to the City Attorney. Such
report shall state the circumstances and the condition of the
building upon which such conclusion was based. The report
shall be filed in all cases no matter what conclusion is
stated by the Board; and
WHEREAS, it has heretofore come to the attention of the
Board of Inspection that the building located on Lots 17-21;
Block 76; La Porte, which is further described as 906 West Adams
\
,
e
e
Ordinance No.
93"';'1937 .
, Page 2
Harris County, Texas, has, for the reason of neglect or misuse,
\
been allowed to deteriorate into a condition of decay or partial
ruin or has become a fire hazard, as defined in section 8-ll7 of
the Code of Ordinances of the City of La Porte; and
WHEREAS, said Board of Inspection has heretofore made and
filed its written report, dated September 01, 1993 , finding said
building to be in fact a dangerous building;
WHEREAS, city Council received such report, and ordered notice
to the record owner of said property, Effie King Coleman c/o John
Burns
, whose address is
609 Hous Ave. - Houston, Tx
, that a hearing as provided in
section 5 of said Ordinance would be held at 604 West Fairmont
77007
Parkway, at the Council Chambers, city Hall, .city of La Porte,
Texas, at which time the Council would hear evidence for and
against the conclusions of the Board;
WHEREAS, the City Secretary has heretofore served notice of
said hearing upon said owner, by registered mail, return receipt
requested, which return receipt indicates that said owner received
said notice on
October 07, 1993
, a date more than ten
(10) days before the date set for said hearing;
WHEREAS, at said date, time, and place, city Council met in
regular session .to conduct such public hearing, . at which time
evidence was presented both for and against the conclusions of the
Board of Inspection;
WHEREAS, City council, after due deliberation, and within
fifteen (15) days after the termination of the hearing, is required
to make its decision in writing and enter its order; and
\
e
e
Ordinance No.
93-1937
, Page 3.
\"
WHEREAS, city Council entered its order on October 25, 1993
a day which is within fifteen (15) days after the termination of
the hearing: NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1.
This Ordinance contains the findings and orders
of the city council of the City of La Porte, and its conclusions"
based upon the evidence presented at said hearing.
section 2.
Based on the evidence presented at said
hearing, the City council hereby adopts the attached report of the
Board of Inspection, in full, and incorporates such by reference
herein as fully as though set out herein.
section 3.
The city council hereby finds, determines and
declares such building to be a nuisance, and orders such building
condemned.
section 4.
The city council hereby finds, determines and
declares that Effie King Coleman c/o John Burns , who resides at
609 Hous Ave. - Houston, Tx 77007
, is
the record owner of the property on which this building is
situated, and that as such record owner, the said Effie King Coleman
c/o John Burns
has been duly and legally notified
of these proceedings.
section 5.
The City council hereby orders the said Effie King
Coleman c/o John Burns
to entirely remove or tear down such
Effie King Coleman
building, and further orders the said c/o John Burns
to
commence such removal within ten (10) days from the effective date
of this Ordinance, and to complete such removal of demolition of
such building within a reasonable time.
\
e
e
Ordinance No. 93-1937
, Page 4.
\
section 6.
The City Council hereby orders the Board of
Inspection of the City of La Porte to cause a notice of the
dangerous, insanitary condition of the building to be affixed in
one or more conspicuous places on the exterior of the building,
which notice or notices shall not be removed or defaced by any
person, under penalty of law.
section 7.
The City Council hereby orders the city
Secretary to forward a certified copy of this Ordinance, to the
record owner of said property, the said Effie King Coleman c/o
John Burns
, by registered mail, return receipt
requested.
section 8.
Should the said Effie King Coleman c/o John Burns
not comply with the orders contained in this Ordinance relating to
the removal or demolition of such building within ten (10) days
after hereof, then the Board of Inspection of the city of La Porte
shall enter upon the said premises with such assistance as it may
deem necessary, and 9ause the said building to be removed or
demolished without delay, and the expenses of such procedure shall
be charged against the said Effie King Coleman c/o John Burns
record owner of said prop"erty, and shall
thereupon become a valid and enforceable personal obligation of
sa~d owner of such premises, and the said Board of Inspection shall
carefully compute the cost of such removal or demolition, which
cost shall be hereafter assessed against the land occupied by such
building, and made lien thereon.
section 9.
The City Council officially finds, determines,
and recites and declares that a sufficient written notice of the
date, hour, place and subject of this meeting of the city Council
was posted at a place convenient to the public at the City Hall of
\
the City for the time required by law
e
e
Ordinance No.
93-1937
, Page 5.
\
preceding this meeting, as required by the Open Meetings Law,
Article 6252-17, Texas Revised civil statutes Annotated; and that
this meeting has been open to the public as required by law at all
times during which this ordinance and the subject matter thereof
has been discussed, considered and formally acted upon. The City
Council further ratifies, approves and confirms such written notice
and the contents and posting thereof.
section 10.
This Ordinance shall take effect and be in
force from and after its passage and approval.
PASSED AND APPROVED this the 25th day of October
19 93
CITY OF LA PORTE
By l~Dflfh Y If(Jr
Mayor
ATTEST:
~
City Secretary
APPROVED:
City Attorney
\
~
...
e
e
ORDINANCE NO.
93-1938
AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOT(S) 3-9
,BLOCK 67 ,ADDITION La Porte
, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING
SUCH BUILDING CONDEMNED; FINDING THAT Zion Hill Baptist Church
IS THE RECORD OWNER OF SAID PROPERTY;
ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH
BUILDING; ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR
DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS
ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON
SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COpy OF
THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL OF SAID
PREMISES BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER IN
THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW.
WHEREAS, the City Council of the city of La Porte,passed and
approved Sections 8-115 through 8-126 of the Code of Ordinances of
the City of La Porte, creating a Board of Inspection to be composed
of the Building Official or his duly authorized representative, the
Fire Chief or his duly authorized representative, and the Fire
Marshal or his duly authorized representative; and
WHEREAS, Section 8-118(aa) of said Sections provide that:
Whenever it shall come to the attention of the Board
of Inspection or any member thereof, by reason of the carrying
out of the necessary duties of such member, or by reason of a
complaint of any citizen of the City or of the City Council,
that a dangerous building exists, the Board shall , within
twenty-four (24) hours of the receipt of said complaint, make
a thorough inspection of said alleged dangerous building; and
WHEREAS, Section 8-l18(C) provides that:
After the inspection provided for in this Section has
been made, with or without the aid of experts, the Board shall
immediately report its conclusion in writing to each of the
members of the City Council and to the City Attorney. Such
report shall state the circumstances and the condition of the
building upon which such conclusion was based. The report
shall be filed in all cases no matter what conclusion is.
stated by the Board; and
WHEREAS, it has heretofore come to the attention of the
Board of Inspection that the building located on Lots 3-9:
Block 67; La Porte, which is further described as 224 N. 7th
\
e
e
Ordinance No.
93-1938
, Page 2
\
Harris county, Texas, has, for the reason of neglect or misuse,
been allowed to deteriorate into a condition of decay or partial
ruin or has become a fire hazard, as defined in Section 8-117 of
the Code of Ordinances of the City of La Porte; and
WHEREAS, said Board of Inspection has heretofore made and
filed its written report, dated September 02, 1993 , finding said
building to be in fact a dangerous building;
WHEREAS, city council received such report, and ordered notice
to the record owner of said property, Zion Hill Baptist Church
, whose address is 430 N. 6th Street - La Porte I
Tx 77571 , that a hearing as provided in
section 5 of said Ordinance would be held at 604 West Fairmont
Parkway, at the Council Chambers, ci ty Hall, ci ty of La Porte,
Texas, at which time the Council would hear evidence for and
against the conclusions of the Board;
WHEREAS, the city Secretary has heretofore served notice of
said hearing upon said owner, by registered mail, return receipt
requested, which return receipt indicates that said owner received
said notice on October 04, 1993 , a date more than ten
(10) days before the date set for said hearing;
WHEREAS, at said date, time, and place, city Council met in
regular session .to conduct such public hearirig, at which time
evidence was presented both for and against the conclusions of the
Board of Inspection;
WHEREAS, City Council, after due deliberation, and within
fifteen (15) days after the termination of the hearing, is required
to make its decision in writing and enter its order; and
\
e
e
Ordinance No. 93-1938
, Page 3.
WHEREAS, City Council entered its order on October 25, 1993
a day which is within fifteen (15) days after the termination of
the hearing; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1.
This Ordinance contains the findings and orders
of the City Council of the city of La Porte, and its conclusions"
based upon the evidence presented at said hearing.
section 2. Based on the evidence presented -at said
hearing, the City Council hereby adopts the attached report of the
Board of Inspection, in full, and incorporates such by reference
herein as fully as though set out herein.
section 3.
The City Council hereby finds, determines and
declares such building to be a nuisance, and orders such building
condemned.
section 4. The city Council hereby finds, determines and
declares that Zion Hill Baptist Church , who resides at
430 N. 6th Street - La Porte, Tx 77571
, is
the record owner of the property on which this building is
situated, and that as such record owner, the said Zion Hill
Baptist Church
of these proceedings.
has been duly and legally notified
section 5. The city Council hereby orders the said- Zion
Hill Baptist Church
to entirely remove or tear down such
building, and further orders the said Zion Hill Baptist Church to
commence such removal within ten (10) days from the effective date
of this Ordinance, and to complete such removal of demolition of
such building within a reasonable time.
\
e
e
Ordinance No.
93-1938
, Page 4.
Section 6.
The City Council hereby orders the Board of
Inspection of the ci ty of La Porte to cause a notice of the
dangerous, insanitary condition of the building to be affixed in
one or more conspicuous places on the exterior of the building,
which notice or notices shall not be removed or defaced by any
person, under penalty of law.
section 7.
The city Council hereby orders the City
Secretary to forward a certified copy of this Ordinance, to the
record owner of said property, the said. Zion Hill Baptist Church
, by registered mail, return receipt
requested.
section 8.
Should the said Zion Hill Baptist Church
not comply with the orders contained in this Ordinance relating to
the removal or demolition of such building within ten (lO) days
after hereof, then the Board of Inspection of the City of La Porte
shall enter upon the said premises with such assistance as it may
deem necessary, and cause the said building to be removed or
demolished without delay, and the expenses of such procedure shall
be charged against the said
Zion Hill Baptist Church
record owner of said property, and shall
thereupon become a valid and enforceable personal obligation of
said owner of such premises, and the said Board of Inspection shall
carefully compute the cost of such removal or demolition, which
cost shall be hereafter assessed against the land occupied by such
building, and made lien thereon.
section 9.
The city Council officially finds, determines,
and recites and declares that a sufficient written notice of the
date, hour, place and subject of this meeting of the city Council
was posted at a place convenient to the public at. the City Hall of
\
the city for the time required by law
e
e
Ordinance No.
93-1938
, Page 5.
preceding this meeting, as required by the Open Meetings Law,
Article 6252-17, Texas Revised civil statutes Annotated; and that
this meeting has been open to the public as required by law at all
times during which this ordinance and the subject matter thereof
has been discussed, considered and formally acted upon. The city
council further ratifies, approves and confirms such written notice
and the contents and posting thereof.
section 10.
This Ordinance shall take effect and be in
force from and after its passage and approval.
PASSED AND APPROVED this the
19 93
25th day of October
CITY OF LA PORTE
By ~rPb/~(~
v ~ May. r
ATTEST:
~~
City Secretary
APPROVED:
,..---....,
oau/4
City Attorney
\
~
e
e
ORDINANCE NO. 93-1939
AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOT(S) 21,22
\ ,BLOCK 69 ,ADDITION Bayfront
, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING
SUCH BUILDING CONDEMNED; FINDING THAT Glenn E. Sampson
IS THE RECORD OWNER OF SAID PROPERTY;
ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH
BUILDING; ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR
DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS
ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON
SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COPY OF
THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL OF SAID
PREMISES BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER IN
THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW.
WHEREAS, the City Council of the City of La Porte, passed and
approved sections 8-115 through 8-126 of the Code of Ordinances of
the city of La Porte, creating a Board of Inspection to be composed
of the Building Official or his duly authorized representative, the
Fire Chief or his duly authorized representative, and the Fire
Marshal or his duly authorized representative; and
WHEREAS, section 8-118(aa) of said sections provide that:
Whenever it shall come to the attention of the Board
of Inspection or any member thereof, by reason of the carrying
out of the necessary duties of such member, or by reason of a
complaint of any citizen of the city or of the City Council,
that a dangerous building exists, the Board shall, within
twenty-four (24) hours of the receipt- of said complaint, make
a thorough inspection of said alleged dangerous building; and
WHEREAS, section 8-l18(c) provides that:
After the inspection provided for in this section has
been made, with or without the aid of experts, the Board shall
immediately report its conclusion in writing to each of the
members of the city Council and to the City Attorney. Such
report shall state the circUmstances and the condition of the
building upon which such conclusion was based. The report
shall be filed in all cases no matter what conclusion is
stated by the Board; and
WHEREAS, it has heretofore come to the attention of the
Board of Inspection that the building located on Lots 2l,22;
Block 69; Bayfront, which is further described as 240 So. Ohio
\
e
e
Ordinance No.
93-1939
, Page 2
\
Harris County, Texas, has, for the reason of neglect or misuse,
been allowed to deteriorate into a condition of decay or partial
ruin or has become a fire hazard, as defined in section 8-ll7 of
the Code of Ordinances of the city of La Porte; and
WHEREAS, said Board of Inspection has heretofore made and
filed its written report, dated September 02, 1993 , finding said
building to be in fact a dangerous building;
WHEREAS, city Council received such report, and ordered notice
to the record owner of said property, Glenn E. Sampson
, whose address is
Tx 77571-4257
10335 Shell Rock Rd. - La Porte,
, that a hearing as provided in
section 5 of said Ordinance would be held at 604 West Fairmont
Parkway, at the Council Chambers, city Hall, city of La Porte,
Texas, at which time the Council would hear evidence for and
against the conclusions of the Board;
WHEREAS, the city Secretary has heretofore served notice of
said hearing upon said owner, by registered mail, return receipt
requested, which return receipt indicates that said owner received
said notice on
Notice Returned
, a date more than ten
(10) days before the -date set for said hearing;
WHEREAS, at said date, time, and place, city council met in
regular session .to conduct such public hearing, at which time
evidence was presented both for and against the conclusions of the
Board of Inspection;
WHEREAS, City council, after due deliberation, and within
fifteen (15) days after the termination of the hearing, is required
to make its decision in writing and enter its order; and
\
e
e
Ordinance No. 93-1939
, Page 3.
\
WHEREAS, City Council entered its order on October 25, 1993
a day which is within fifteen (15) days after the termination of
the hearing; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1.
This Ordinance contains the findings and orders
of the City Council of the city of La Porte, and its conclusions"
based upon the evidence presented at said hearing.
Section 2.
Based on the evidence presented at said
hearing, the City Council hereby adopts the attached report of the
Board of Inspection, in full, and incorporates such by reference
herein as fully as though set out herein.
section 3.
The city Council hereby finds, determines and
declares such building to be a nuisance, and orders such building
condemned.
section 4.
The city Council hereby finds, determines and
declares that
Glenn E. Sampson
, who resides at
10335 Shell Rock Rd.
La Porte, Tx 77571-4257
, is
the record owner of the property on which this building is
situated, and that as such record owner, the said Glenn E.
Sampson
has been duly and legally notified
of these proceedings.
section 5. The City Council hereby orders the said
Glenn E. Sampson to entirely remove or tear down such
building, and further orders the said Glenn E. Sampson
to
commence such removal within ten (10) days from the effective date
of this Ordinance, and to complete such removal of demolition of
such building within a reasonable time.
\
e
e
Ordinance No.
93-1939
, Page 4.
\
section 6.
The City Council hereby orders the Board of
Inspection of the ci ty of La Porte to cause a notice of the
dangerous, insanitary condition of the building to be affixed in
one or more conspicuous places on the exterior of the building,
which notice or notices shall not be removed or defaced by any
person, under penalty of law.
section 7.
The city Council hereby orders the city
Secretary to forward a certified copy of this Ordinance, to the
record owner of said property, the said
Glenn E. Sampson
, by registered mail, return receipt
requested.
Section 8.
Should the said Glenn E. Sampson
not comply with the orders contained in this Ordinance relating to
the removal or demolition of such building within ten (10) days
after hereof, then the Board of Inspection of the city of La Porte
shall enter upon the said premises with such assistance as it may
deem necessary, and cause the said building to be removed or
demolished without delay, and the expenses of such procedure shall
be charged against the said
Glenn E. Sampson
,
record owner of said property, and shall
thereupon become a valid and enforceable personal obligation of
said owner of such premises, and the said Board of Inspection shall"
carefully compute the cost of such removal or demolition, which
cost shall be hereafter assessed against the land occupied by such
building, and made lien thereon.
section 9.
The City Council officially finds, determines,
and recites and declares that a sufficient written notice of the
date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public " at the City Hall of
\
the city for the time required by law
e
e
Ordinance No.
93-1939
, Page 5.
\
preceding this meeting, as required by the Open Meetings Law,
Article 6252-17, Texas Revised civil statutes Annotated; and that
this meeting has been open to the public as required by law at all
times during which this ordinance and the subject matter thereof
has been discussed, considered and formally acted upon. The city
council further ratifies, approves and confirms such written notice
and the contents and posting thereof.
section 10.
This Ordinance shall take effect and be in
force from and after its passage and approval.
PASSED AND APPROVED this the
25th day of
October
19 93
CITY OF LA PORTE
By /1/flJ~(-/~
. Mayo
ATTEST:
~ L-.----.
City Secretary
APPROVED:
/l. /
~cJ
city Attorney
\
,
e
e
ORDINANCE NO.
93-1940
AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOT(S) 6
, BLOCK 1 ,ADDITION Oakhurst
, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING
SUCH BUILDING CONDEMNED; FINDING THAT W. T. & Bowers J. Roye
c/o Rodney M. Coward IS THE RECORD OWNER OF SAID PROPERTY;
ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH
BUILDING; ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR
DEMOLITION WITHIN TEN (lO) DAYS FROM THE EFFECTIVE DATE OF THIS
ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON
SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COPY OF
THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL OF SAID
PREMISES BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER IN
THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW.
WHEREAS, the City Council of the City of La Porte, passed and
approved sections 8-115 through 8-126 of the Code of Ordinances of
the City of La Porte, creating a Board of Inspection to be composed
of the Building Official or his duly authorized representative, the
Fire Chief or his duly authorized representative, and the Fire
Marshal or his duly authorized representative; and
WHEREAS, section 8-118(aa) of said sections provide that:
Whenever it shall come to the attention of the Board
of Inspection or any member thereof, by reason of the carrying
out of the necessary duties of such member, or by reason of a
complaint of any citizen of the City or of the city Council,
that a dangerous building exists, the Board shall, within
twenty-four (24) hours of the receipt of said complaint, make
a thorough inspection of said alleged dangerous building; and
WHEREAS, section 8-1l8(C) provides that:
After the inspection provided for in this section has
been made, with or without the aid of experts, the Board shall
immediately report its conclusion in writing to each of the
members of the City Council and to the city Attorney. Such
report shall state the circumstances and the condition of the
building upon which such conclusion was based. The report
shall be filed in all cases no matter what conclusion is
stated by the Board; and
WHEREAS, it has heretofore come to the attention of the
Board of Inspection that the building located on
Lot 6:
Block 1: Oakhurst Addn., which is further described as
211 So. Y Street
0\
...
e
e
Ordinance No.
93-1940
, Page 2
Harris County, Texas, has, for the reason of neglect or misuse,
been allowed to deteriorate into a condition of decay or partial
ruin or has become a fire hazard, as defined in section 8-l17 of
the Code of Ordinances of the City of La Porte; and
WHEREAS, said Board of Inspection has heretofore made and
filed its written report, dated September 02, 1993 , finding said
building to be in fact a dangerous building;
WHEREAS, city Council received such report, and ordered notice
to the record owner of said property, w. T. & Bowers J. Roye c/o Rodney
M. Coward , whose address is 7812 Hea therbrook TR :/I: 11 02- Port
Arthur, Tx 77642 ,that a hearing as provided in
section 5 of said Ordinance would be held at 604 West Fairmont
Parkway, at the Council Chambers, city Hall, city of La Porte,
Texas, at which time the Council would hear evidence for and
against the conclusions of the Board;
WHEREAS, the city Secretary has heretofore served notice of
said hearing upon said owner, by registered mail, return receipt
requested,which return receipt indicates that said owner received
said notice on Notice Returned , a date more than ten
(10) days before the date set for said hearing;
WHEREAS, at said date, time, and place, city Council met in
regular session -to conduct such public hearing, at which time
evidence was presented both for and against the conclusions of the
Board of Inspection;
WHEREAS, City Council, after due deliberation, and within
fifteen (15) days after the termination of the hearing, is required
to make its decision in writing and enter its order; and
\
e
e
Ordinance No.
93-1940
, Page 3.
WHEREAS, City council entered its order on October 25, 1993
a day which is within fifteen (15) days after the termination of
the hearing; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1.
This Ordinance contains the findings and orders
of the city council of the city of La Porte, and its conclusions"
based upon the evidence presented at said hearing.
section 2.
Based on the evidence presented at. said
hearing, the City council hereby adopts the attached report of the
Board of Inspection, in full, and incorporates such by reference
herein as fully as though set out herein.
Section 3.
The City council hereby finds, determines and
declares such building to be a nuisance, and orders such building
condemned.
Section 4. The City council hereby finds, determines and
w. T.& Bowers J. Roye
declares that c/o Rodney M. Coward , who resides at
7812 Heatherbrook TR #1102 - Port Arthur, Tx 77642
, is
the record owner of the property on which this building is
situated, and that as such record owner, the said w. T. & Bowers J. Roye
c/o Rodney M. Coward
has been duly and legally notified
of these proceedings.
Section 5. The city council hereby orders the said w. T. & Bower,
Coward
J. Roye c/o Rodney H. to entirely remove or tear. down such
W. T. & Bowers J. Roye
building, and further orders the said c/o Rodney M. Coward to
commence such removal within ten (10) days from the effective date
of this Ordinance, and to complete such removal of demolition of
such building within a reasonable time.
\
It
It
Ordinance No. 93-1940
, Page 4.
section 6.
The city council hereby orders the Board of
Inspection of the city of La Porte to cause a notice of the
dangerous, insanitary condition of the building to be affixed in
one or more conspicuous places on the exterior of the building,
which notice or notices shall not be removed or defaced by any
person, under penalty of law.
section 7.
The city Council hereby orders the City
Secretary to forward a certified copy of this Ordinance, to the
record owner of said property, the said w. T. & Bowers J. Roye
c/o Rodney M. Coward
, by registered mail, return receipt
requested.
section 8.
w. T. & Bowers J. Roye
Should the said c/o Rodney M. Coward
not comply with the orders contained in this Ordinance relating to
the removal or demolition of such building within ten (10) days
after hereof, then the Board of Inspection of the City of La Porte
shall enter upon the said premises with such assistance as it may
deem necessary, and cause the said building to be removed or
demolished without delay, and the expenses of such procedure shall
be charged against the said w. T. & Bowers J. Roye c/o Rodney
M. Cm,,'ard
record owner of said property, and shall
thereupon become a valid and enforceable personal obligation of
said owner of such premises, and the said Board of Inspection shall
carefully compute the cost of such removal or demolition, which
cost shall be hereafter assessed against the land occupied by such
building, and made lien thereon.
section 9.
The city council officially finds, determines,
and recites and declares that a sufficient written notice of the
date, hour, place and subject of this meeting of the City council
was posted at a place convenient to the publ~c at the city Hall of
\
the city for the time required by law
e
e
Ordinance No. 93-1940
, Page 5.
preceding this meeting, as required by the Open Meetings Law,
Article 6252-17, Texas Revised civil statutes Annotated; and that
this meeting has been open to the public as required by law at all
times during which this ordinance and the subject matter thereof
has been discussed, considered and formally acted upon. The City
Council further ratifies, approves and confirms such written notice
and the contents and posting thereof.
section 10.
This Ordinance shall take effect and be- in
force from and after its passage and approval.
PASSED AND APPROVED this the
25th
day of
October
19 93
CITY OF LA PORTE
By ,1~d~4t/~
-- May r
ATTEST:
~~.
city Secretary
~aJ
APPROVED:
city Attorney
\
,.
'S
e
e
ORDINANCE NO.
93-1941
AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOT(S) 19
,BLOCK 17 , ADDITION Bayside Terrace
, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING
SUCH BUILDING CONDEMNED; FINDING THAT Arthur B. Smith c/o
Cagerton B. Smith IS THE RECORD OWNER OF SAID PROPERTY;
ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH
BUILDING; ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR
DEMOLITION WITHIN TEN (lO) DAYS FROM THE EFFECTIVE DATE OF THIS
ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON
SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COPY OF
THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL OF SAID
PREMISES BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER IN
THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW.
WHEREAS, the city Council of the City of La Porte, passed and
approved Sections 8-115 through 8-126 of the Code of Ordinances of
the city of La P~rte, creating a Board of Inspection to be composed
of the Building Official or his duly authorized representative, the
Fire Chief or his duly authorized. representative, and the Fire
Marshal or his duly authorized representative; and
WHEREAS, Section 8-118(aa) of said Sections provide that:
Whenever it shall come to the attention of the Board
of Inspection or any member thereof, by reason of the carrying
out of the necessary duties of such member, or by reason of a
complaint of any citizen of the city or of the City Council,
that a dangerous building exists, the Board shall, within
twenty-four (24) hours of-the receipt of said complaint, make
a thorough inspection of said alleged dangerous building; and
WHEREAS, Section 8-118(C) provides that:
After the inspection provided for in this section has
been made, with or without the aid of experts, the Board shall
immediately report its conclusion in writing to each of the
members of the City council and to the city Attorney. Such
report shall state the circumstances and the condition of the
building upon which such conclusion was based. The report
shall be filed in all cases no matter what conclusion is
stated by the Board; and
WHEREAS, it has heretofore come to the attention of the
Board of Inspection that the building located on Lot 19;
Block 17; Bayside Terrace, which is further described as
3126 Weatherford
e
e
Ordinance No. 93-1941
, Page 2
\
Harris county, Texas, has, for the reason of neglect or misuse,
been allowed to deteriorate into a condition of decay or partial
ruin or has become a fire hazard, as defined in section 8-l17 of
the Code of Ordinances of the city of La Porte; and
WHEREAS, said Board of Inspection has heretofore made and
filed its written report, dated September 02. 1993, finding said
building to be in fact a dangerous building;
WHEREAS, City Council received such report, and ordered notice -
to the record owner of said property, Arthur B. Smith c/o Caperton
B. Smith ,whos~ address is 2425 Crestview Cir. - Irving,
Tx 75062-5340
, that a hearing as provided in
section 5 of said Ordinance would be held at 604 West Fairmont
Parkway, at the Council Chambers, ci ty Hall, ci ty of La Porte,
Texas, at which time the Council would hear evidence for and
against the conclusions of the Board;
WHEREAS, the city Secretary has heretofore served notice of
said hearing upon said owner, by registered mail, return receipt
requested, which return receipt indicates that said owner received
said notice on
October 14, 1993
, a date more than ten
(10) days before the date set for said hearing;
WHEREAS, at said date, time, and place, city council met in
regular session -to conduct such public hearing, at which time
evidence was presented both for and against the conclusions of the
Board of Inspection;
WHEREAS, City Council, after due deliberation, and within
fifteen (15) days after the termination of the hearing, is required
to make its decision in writing and enter its order; and
e
e
Ordinance No.
93-1941
, Page 3.
\
WHEREAS,' City council entered its order on October 25, 1993
a day which is within fifteen (15) days after the termination of
the hearing; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1.
This Ordinance contains the findings and orders
of the city Council of the City of La Porte, and its conclusions"
based upon the evidence presented at said hearing.
Section 2.
Based on the evidence presented at said
hearing, the city council hereby adopts the attached report of the
Board of Inspection, in full, and incorporates such by reference
herein as fully as though set out herein.
section 3.
The City council hereby finds, determines and
declares such building to be a nuisance, and orders such building
condemned.
section 4.
The City council hereby finds, determines and
declares that Arthur B. Smith c/o Caperton B. Smi~hwho resides at
2425 Crestview Cir~ - Irving, Tx 75062-5340
, is
the record owner of .the property on which this building is
situated, and that as such record owner, the said Arthur B. Smith
c/o Caperton B. Smith
has been duly and legally notified
of these proceedings.
section 5. The City council hereby orders the said Arthur B.
Smith.c/o Caperton B. Smi tlto entirely remove or tear down such
Arthur B. Smith
building, and further orders the said c/o Caperton B. Smith to
commence such removal within ten (10) days from the effective date
of this Ordinance, and to complete such removal of demolition of
such building within a reasonable time.
e
e
Ordinance No. 93-1941
, Page 4.
\
section 6.
The City Council hereby orders the Board of
Inspection of the city of La Porte to cause a notice of the
dangerous, insanitary condition of the building to be affixed in
one or more conspicuous places on the exterior of the building,
which notice or notices shall not be removed or defaced by any
person, under penalty of law.
section 7.
The City Council hereby orders the City
Secretary to forward a certified copy of this Ordinance, to the
record owner of said property, the said Arthur B. Smith c/o
Caperton B. Smith
, by registered mail, return receipt
requested.
section 8.
Should the said Arthur B. Smith c/o Caperton B. Smith
not comply with the orders contained in this Ordinance relating to
the removal or demolition of such building within ten (10) days
after hereof, then the Board of Inspection of the City of La Porte
shall enter upon the said premises with such assistance as it may
dee~ necessary, and cause the said building to- be removed or
demolished without delay, and the expenses of such procedure shall
be charged against the said Arthur B. Smith c/o Caperton B. Smith
,
record owner of said property,
and shall
thereupon become a valid and enforceable personal obligation of
said owner of such premises, and the said Board of Inspection shall
carefully compute the cost of such removal or demolition, which
cost shall be hereafter assessed against the land occupied by such
building, and made lien thereon.
section 9.
The City Council officially finds, determines,
and recites and declares that a sufficient written notice of the
date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall of
the City for the time required by law
e
e
Ordinance No. 93-1941
, Page 5.
\
\
preceding this meeting, as required by the Open Meetings Law,
Article 6252-l7, Texas Revised civil statutes Annotated; and that
this meeting has been open to the public as required by law at all
times during which this ordinance and the subject matter thereof
has been discussed, considered and formally acted upon. The City
Council further ratifies, approves and confirms such written notice
and the contents and posting thereof.
section 10.
This Ordinance shall take effect and be in
force from and after its passage and approval.
PASSED AND APPROVED this the 25th day of October
19 93
,
CITY OF LA PORTE
By Jt~/~~~
May r
ATTEST:
~
city Secretary
/~"
b~lZ:rJ
City Attorney
APPROVED:
e
.
e ORDINANCE NO. 93- It 2
AN ORDINANCE AUTHORIZING AND RATIFYING THE OFFER OF INDUSTRIAL
DISTRICT AGREEMENTS IN THE BATTLEGROUND AND BAYPORT INDUSTRIAL
DISTRICTS, FOR THE SEVEN YEAR TERM COMMENCING JANUARY 1, 1994;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. The City Council of the City of La Porte hereby
authorizes and ratifies the offer of industrial district agreements
in form attached hereto, to companies within the City'S
Battleground Industrial District and Bayport Industrial District.
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 subj ect 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 25th day of October, 1993.
By:
ATTEST:
~~
Sue enes,
e
CITY OF tA PORTE
PHONE (713) 471 -5020 . P. O. Box 1 1 15 . LA PORTE. TEXAS 77572
October 14, 1993
Air Products Manufacturing corporation
P.O. Box 538
Allentown, PA 18105-0538
Attn: Roland Nicol, Manager Property Tax
Gentlemen:
The city of La Porte is pleased to offer your company an industrial
district agreement for the seven year term commencing January 1,
1994. Copies of the agreement are attached to this letter.
You will see that this agreement is very similar to your company's
present agreement with the city, which expires December 31, 1993.
This agreement includes valuable input from industry committee
representatives, in long and fruitful negotiations.
We at the city of La Porte feel that the continuation of industrial
district agreements, which first commenced in the city of La Porte
in 1958, is mutually beneficial to the City and the more than forty
companies with which it has such agreements.
Unfortunately there has been some slippage of time in supplying
you with a final document for execution. We therefore request that
your company mail or deliver to the City as soon as possible, and
no later than Friday, October 29, 1993, the enclosed Letter of
Intent to enter into an industrial district agreement with the
city. Conversely, if your company does not desire to enter into
the proposed agreement, we likewise request a letter from your
company to that effect, by Friday, October 29, 1993. The city of
La Porte then must complete annexation proceedings prior to
December 31, 1993, to annex the property of any company which does
not desire to enter into the enclosed proposed industrial district
agreement.
Further, the City must reserve the right to withdraw its offer to
your company, if necessary to accommodate annexation procedures of
other land in the industrial district, if one or more companies
elect not to enter into the City's offered agreement.
Yours very truly,
CITY OF LA PORTE
By:
Robert T. Herrera, city Manager
EXHIBIT A
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(LETTER OF INTENT)
(TO BE TYPED ON COMPANY'S LETTERHEAD)
October ___, 1993
Mr. Robert T. Herrera [Fax No. (713) 471-7168]
city Manager
City of La Porte
P.O. Box 1115
La Porte, TX 77572-1115
Re: City of La Porte Proposed Industrial District Agreement,
Dated October 12, 1993.
Dear Mr. Herrera:
(Name of Comoanv) has received and reviewed the city
of La Porte's proposed industrial district agreement dated October
12, 1993, for the term January 1, 1994, through December 31, 2000.
By this Letter of Intent, our firm expresses its agreement to
complete, execute and deliver to the City, the City's proposed form
of industrial district agreement, with appropriate attachments as
Exhibit "A" and Exhibit "B", at the earliest possible date.
This letter of intent is given by our firm to the City of La Porte
at this time, wi th the request that the city of La Porte not
include our firm's land in any annexation proceedings. Our firm
understands that the city of La Porte, in reliance upon this
letter, will not include our firm's land in the proposed annexation
proceedings.
Yours very truly,
(NAME OF COMPANY)
By:
Authorized Officer
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INSTRUCTIONS FOR EXECUTION OF INDUSTRIAL DISTRICT AGREEMENT
Please follow these instructions for the completion of the form
industrial district agreement submitted to your firm:
1. On page 1, fill in the proper corporate name of your firm, and
its state of incorporation in the appropriate blanks.
2. On page 8, again fill in the proper corporate name of your
company, and have signed by an authorized official of your
company. Complete the official's title and address.
3. As Exhibit "A", attach a metes and bounds description of all
of the land owned by your company in the district. In lieu
of metes and bounds description, a description of the land may
be attached with reference to acreage, date and parties to the
deed, and recording references of the original deed in the
Harris County, Texas, clerk's office. You may wish to refer
to your company's expiring contract, and then note any
additions or deletions to that legal description.
4. Attach as Exhibit "B", a plat reflecting the ownership
boundary lines; a site layout, showing all improvements,
including pipelines, railroads, and also showing areas of the
land previously annexed by the city of La Porte. If such a
plat is not immediately available, it will be satisfactory to
the city for your firm to deliver the agreement without
Exhibit "B" attached, with the understanding that it will be
furnished to the city for attachment to the agreement, as soon
as reasonably possible.
5. Please forward two signed copies to Mr. Robert T. Herrera,
city Manager, city of La Porte, 604 West Fairmont Parkway,
P.O. Box 1115, La Porte, Texas 77572-1115.
6. Upon receipt of executed industrial district agreements by the
City, the agreements will be placed on a City council agenda,
for formal approval by City council by passage of an approval
ordinance. Thereafter, a certified copy of the approval
ordinance, and a fully signed copy of the agreement, will be
forwarded to your firm.
THANK YOU
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NO. 93-IDA- {
{
STATE OF TEXAS {
{
COUNTY OF HARRIS {
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation of Harris County,
Texas, hereinafter called "CITY", and
, a corporation, hereinafter
called "COMPANY",
WIT N E SSE T H:
WHEREAS, it is the established policy of the City Council of
the City of La Porte, Texas, to adopt such reasonable measures from
time to time as are permitted by law and which will tend to enhance
the economic stability and growth of the City and its environs by
attracting the location of new and the expansion of existing
industries therein, and such policy is hereby reaffirmed and
adopted by this City Council as being in the best interest of the
City and its citizens; and
WHEREAS, pursuant to its policy, City has enacted Ordinance
No. 729, designating portions of the area located in its
extraterritorial jurisdiction as the "Battleground Industrial
District of La Porte, Texas", and Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porte, Texas",
hereinafter collectively called "District", such Ordinances being
in compliance with the Municipal Annexation Act of Texas, codified
as section 42.044, Texas Local Government Code; and
WHEREAS, Company is the owner of land within a designated
Industrial District of the City of La Porte, said land being
legally described on the attached Exhibit "A" (hereinafter "Land") ;
and said Land being more particUlarly shown on a plat attached as
Exhibit "B", which plat describes the ownership boundary lines; a
site layout, showing all improvements, including pipelines and
railroads, and also showing areas of the Land previously annexed
by the City of La Porte; and
WHEREAS, City desires to encourage the expansion and growth
of industrial plants within said Districts and for such purpose
desires to enter into this Agreement with Company pursuant to
Ordinance adopted by the city council of said City and recorded in
the official minutes of said City:
NOW, THEREFORE, in consideration of the premises and the
mutual agreements of the parties contained herein and pursuant to
the authority granted under the Municipal Annexation Act and the
Ordinances of city referred to above, City and Company hereby agree
with each other as follows:
Revised: october 22, 1993
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I.
City covenants, agrees and guarantees that during the term of this
Agreement, provided below, and subject to the terms and provisions
of this Agreement, said District shall continue to retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the Land belonging to Company and its
assigns, unless and until the status of said Land, or a portion or
portions thereof, as an industrial district may be changed pursuant
to the terms of this Agreement. Subject to the foregoing and to
the later provisions of this Agreement, City does further covenant,
agree and guarantee that such industrial district, to the extent
that it covers said Land lying within said District and not now
within the corporate limits of city, shall be immune from
annexation by city during the term hereot (except as hereinafter
provided) and shall have no right to have extended to it any
services by City, and that all Land, including that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivisions of land,
(b) prescribing any building, electrical, plumbing or inspection
code or codes, or (c) attempting to exercise in any manner whatever
control over the conduct of business thereon; provided, however,
it is agreed that city shall have the right to institute or
intervene in any administrative and/or judicial proceeding
authorized by the Texas Water Code, the Texas Clean Air Act, the
Texas Health & safety Code, or other federal or state environmental
laws, rules or regulations, to the same extent and to the same
intent and effect as if all Land covered by this Agreement were
not subject to the Agreement.
II.
In the event that any portion of the Land. has heretofore been
annexed by city, Company agrees to render and pay full city ad
valorem taxes on such annexed Land and improvements, and tangible
personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended), the
appraised value for tax purposes of the annexed portion of Land,
improvements, and tangible personal property shall be determined
by the Harris County Appraisal District. The parties hereto
recognize that said Appraisal District has no authority to appraise
the Land, improvements, and tangible personal property in the
un annexed area for the purpose of computing the "in lieu" paYments
hereunder. Therefore, the parties agree that the appraisal of the
Land, improvements, and tangible personal property in the unannexed
area shall be conducted by City, at City's expense, by an
independent appraiser of City's selection. The parties recognize
that in making such appraisal for "in lieu" paYment purposes, such
appraiser must of necessi ty appraise the entire (annexed and
unannexed) Land, improvements, and tangible personal property.
Nothing herein contained shall ever be interpreted as lessening the
authority of the Harris County Appraisal District to establish the
appraised value of Land, improvements, and tangible personal
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property in the annexed portion, for ad valorem tax purposes.
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III.
A. On or before April 15, 1994, and on or before each April 15th
thereafter, unless an extension is granted in accordance with the
Texas Property Tax Code, through and including April 15, 2000,
Company shall provide city with a written description of its Land
and all improvements and tangible personal property located on the
Land as of the immediately preceding January 1st, stating its
opinion of the Property's market value, and being sworn to by an
authorized officer of the Company authorized to do so, or Company's
duly authorized agent, (the Company's "Rendition"). Company may
file such Rendition on a Harris County Appraisal District rendition
form, or similar form. The properties which the Company must
render and upon which the "in lieu of" taxes a-re assessed are more
fully described in subsections 1, 2, and 3 of subsection D, of this
Paragraph III (sometimes collectively called the "Property"). A
failure by Company to file a Rendition as provided for in this
paragraph, shall constitute a waiver by Company for the current tax
year, of all rights of protest and appeal under the terms of this
Agreement.
B. As part of its rendition, Company shall furnish to City a
written report of the names and addresses of all persons and
entities who store any tangible personal property on the Land by
bailment, lease, consignment, or other arrangement with Company
("products in storage"), and are in the possession or under the
management of Company on January 1st of each Value Year, further
giving a description of such products in storage.
C. On or before the later of December 31, 1994, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2000, Company
shall pay to City an amount "in lieu of taxes" on Company's
Property as of January 1st of the current calendar year ("Value
Year") .
D. Company agrees to render to city and pay an amount "in lieu
of taxes" on Company's Land, improvements and tangible personal
property in the unannexed area equal to the sum of:
1. (a) Fifty percent (50%) of the amount of ad valorem
taxes which would be payable to City if all of the
Company's Land and improvements which existed on
January 1, 1994, January 1, 1995, and January 1,
1996, had been within the corporate limits of City
and appraised each year by City's independent
appraiser; and
(b) Fifty-three percent (53%) of the amount of ad
valorem taxes which would be payable to City if all
of the Company I s Land and improvements which existed
on January 1, 1997, January 1, 1998, January 1,
1999, and January 1, 2000, had been within the
corporate limits of city and appraised each year by
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City's independent appraiser; and
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2. (a) On any Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new construction,
in excess of the appraised value of same on January
1, 1993, resulting from new construction (exclusive
of construction in progress, which shall be exempt
from taxation), for each Value Year following
completion of construction in progress, an amount
equal to Thirty percent (30%) of the amount of ad
valorem taxes which would be payable to City if all
of said new construction had been within the
corporate limits of city and appraised by City's
independent appraiser.
(b) A Substantial Increase in value of the Land and
improvements as used in subparagraph 2(a) above, is
defined as an increase in value that is the lesser
of either:
i. at least Five percent (5%) of the total
appraised value of Land and improvements, on
January 1, 1993; or
ii. a cumulative value of at least $3,500,000.00.
For the purposes of this Agreement, multiple
projects that are completed in a Value Year' can be
cumulated to arrive at the amount for the increase
in value.
(c) If existing property values have depreciated below
the value established on January 1, 1993, an amount
equal to the amount of the depreciation will be
removed from this calculation to restore the value
to the January 1, 1993, value; and
3. (a) Fifty-percent (50%) of 'the amount of ad valorem
taxes which would be payable to City on all of the
Company's tangible personal property of every
description, including, without limitation,
inventory, oil, gas, and mineral interests, items
of leased equipment, railroads, pipelines, and
products in storage located on the Land, if all of
said tangible personal property which existed on
January 1, 1994, January 1, 1995, and January 1,
1996, had been within the corporate limits of City
and appraised each year by the City's independent
appraiser;
(b) Fifty-three percent (53%) of the amount of ad
valorem taxes which would be payable to city on all
of the Company's tangible personal property of every
description, including, without limitation,
inventory, oil, gas, and mineral interests, items
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of leased equipment, railroads, pipelines, and
products in storage located on the Land, if all of
said tangible personal property which existed on
January 1, 1997, January 1, 1998, January 1, 1999,
and January 1, 2000, had been within the corporate
limits of City and appraised each year by the City's
independent appraiser.
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wi th the sum of 1, 2 and 3 reduced by the amount of City's ad
valorem taxes on the annexed portion thereof as determined by
appraisal by the Harris County Appraisal District.
IV.
This Agreement shall extend for a period beginning on the 1st day
of January, 1994, and continuing thereafter until December 31,
2000, unless extended for an additional period or periods of time
upon mutual consent of Company and City as provided by the
Municipal Annexation Act; provided, however, that in the event this
Agreement is not so extended for an additional period or periods
of time on or before August 31, 2000, the agreement of City not to
annex property of Company within the District shall terminate. In
that event, City shall have the right to commence immediate
annexation proceedings as to all of Company's property covered by
this Agreement, notwithstanding any of the terms and provisions of
this Agreement.
Company agrees that if the Texas Municipal Act, section 42.044,
Texas Local Government Code, is amended after January 1, 1994, or
any new legislation is thereafter enacted by the Legislature of the
State of Texas which imposes greater restrictions on the right of
city to annex land belonging to Company or imposes further
obligations on City in connection therewith after the annexation
of such land, Company will waive the right to require City to
comply with any such additional restrictions or obligations and the
rights of the parties shall be then determined in accordance with
the provisions of said Texas Municipal Annexation Act as the same
existed January 1, 1994.
V.
This Agreement may be extended for an additional period or periods
by agreement between City and Company and/or its assigns even
though it is not extended by agreement between City and all of the
owners of all land within the District of which .it is a part.
VI.
A. In the event Company elects to protest the valuation for tax
purposes set on its said properties by City or by the Harris County
Appraisal District for any year or years during the terms hereof,
nothing in this Agreement shall preclude such protest and Company
shall have the right to take all legal steps desired by it to
reduce the same.
Notwithstanding such protest by Company, Company agrees to pay to
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City on or before the date therefor hereinabove provided, at least
the total of (a) the total amount of ad valorem taxes on the
annexed portions, plus (b) the total amount of the "in lieu of
taxes" on the unannexed portions of Company's hereinabove described
property which would be due to City in accordance with the
foregoing provisions of this Agreement on the basis of renditions
which shall be filed by Company.
When the City or Harris County Appraisal District (as the case may
be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter Company
shall make paYment to City of any additional paYment due hereunder
based on such final valuation, together with applicable penalties,
interests, and costs.
B. Should Company disagree with any appraisal made by the
independent appraiser selected by City pursuant to Article II above
(which shall be given in writing to Company), Company shall, within
twenty (20) days of receiving such copy, give written notice to the
City of such disagreement. In the event Company does not give such
written notice of disagreement within such time period, the
appraisal made by said independent appraiser shall be final and
controlling for purposes of the determination of "in lieu of taxes"
paYments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall also
submit to the City with such notice a written statement setting
forth what Company believes to be the market value of Company's
hereinabove described property. Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an
agreement as to the market value of Company's property for "in
lieu" purposes hereunder. If, after the expiration of thirty (30)
days from the date the notice of disagreement was received by city,
the parties have not reached agreement as to such market value, the
parties agree to submit the dispute to final arbitration as
provided in subparagraph 1 of this Article VI B. Notwithstanding
any such disagreement by Company, Company agrees to pay to City on
or before December 31 of each year during the term hereof, at least
the total of (a) the ad valorem taxes on the annexed portions, plus
(b) the total amount of the "in lieu" paYments which would be due
hereunder on the basis of company's valuations rendered and/ or
submitted to City by Company hereunder, or the total assessment and
"in lieu of taxes" thereon for the last preceding year, whichever
is higher.
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10 days, the parties will join in a written
request that the Chief Judge of the u.s. District Court
for the Southern District of Texas appoint the third
arbitrator who, (as the "Impartial Arbitrator") shall
preside over the arbitration proceeding. The sole issue
to be determined in the arbitration shall be resolution
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of the difference between the parties as to the fair
market value of Company's property for calculation of the
"in lieu" payment and total payment hereunder for the
year in question. The Board shall hear and consider all
relevant and material evidence on that issue including
expert opinion, and shall render its written decision as
promptly as practicable. That decision shall then be
final and binding upon the parties, subject only to
judicial review as may be available under the Texas
General Arbitration Act (Articles 224-238, Vernon's
Annotated Revised Civil statutes of Texas). Costs of the
arbitration shall be shared equally by the Company and
the city, provided that each party shall bear its own
attorneys fees.
VII.
city shall be entitled to a tax lien on Company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in payment of "in lieu
of taxes" payments hereunder, which shall accrue penalty and
interest in like manner as delinquent taxes, and which shall be
collectible by City in the same manner as provided by law for
delinquent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding upon
ci ty and Company, and upon Company's successors and assigns,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the property
belonging to it within the territory hereinabove described, and the
agreements herein contained shall be held to be covenants running
with the land owned by Company situated within said territory, for
so long as this Agreement or any extension thereof remains in
force. Company shall give city written notice within ninety (90)
days, with full particulars as to property assigned and identity
of assignee, of any disposition of the Land, and assignment of this
Agreement.
IX.
If city enters into an Agreement with any other landowner with
respect to an industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement. This
Paragraph shall not apply to any Court ordered extension of the
term of the Agreement ordered in Southern Ionics, Inc. vs city of
La Porte, civil Action H-89-3969, united states District Court,
Southern District of Texas.
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X.
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate,
and not unduly restrictive of company's business activities.
without such agreement neither party hereto would enter into this
Agreement. In the event anyone or more words, phrases, clauses,
sentences, paragraphs, sections, articles or other parts of this
Agreement or the application thereof to any person, firm,
corporation or circumstances shall be held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, then the application, invalidity or unconstitutionality of
such words, phrase, clause, sentence, paragraph, section, article
or other part of the Agreement shall be deemed to be independent
of and separable from the remainder of this Agreement and the
validity of the remaining parts of this Agreement shall not be
affected thereby.
XI.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
ENTERED INTO effective the 1st day of January, 1994.
(COMPANY)
By:
Name:
Title:
Address:
ATTEST:
CITY OF LA PORTE
By:
Norman L. Malone
Mayor
city Secretary
APPROVED:
By:
Robert T. Herrera
city Manager
Knox W. Askins
city Attorney
city of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
Phone: (713) 471-1886
Fax: (713) 471-2047
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"EXHIBIT A"
TO INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF LA PORTE
AND
(Metes and Bounds Description of Land)
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"EXHIBIT B"
TO INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF LA PORTE
AND
(Attach Plat reflecting the ownership boundary lines; a
site layout, showing all improvements, including
pipelines and railroads, and also showing areas of the
Land previously annexed by the City of La Porte.)
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fYk-y."... ~ C!-o LJ I{.. c: 1
t:: Y I pe-r
l3obJkr.r~
ed
ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P.O. BOX 121B
LA PORTE. TEXAS 77572-1218
KNOX W. ASKINS
,JOHN D. ARMSTRONG
TELEPHONE 713 471-1886
TELECOPIER 713 471-2047
October 15, 1993
RECEIVED
Mr. Robert T. Herrera
City Manager
city of La Porte
City Hall
La Porte, Texas
OCT f S 1993
CITY MANAGERS
OFFICE
Dear Bob:
I enclose proposed form of ordinance directing the city's Planning
Department to prepare a service plan for possible annexation of
territory within the Battleground Industrial District and the
Bayport Industrial District, of those firms which do not elect to
accept the City's offer to enter into industrial district
agreements for seven year term commencing January 1, 1994.
Please place this ordinance on the agenda for the regular Council
meeting of October 25, 1993.
Y~e;y truly,
~Askins
City Attorney
City of La Porte
KWA: sw
Enclosure
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ORDINANCE NO. 93_l943
AN ORDINANCE DIRECTING THE CITY'S PLANNING DEPARTMENT TO PREPARE
A SERVICE PLAN THAT PROVIDES FOR THE EXTENSION OF MUNICIPAL
SERVICES TO THE AREA COMPRISING THE BATTLEGROUND INDUSTRIAL
DISTRICT AND THE BAYPORT INDUSTRIAL DISTRICT, PROPOSED TO BE
ANNEXED BY THE CITY OF LA PORTE; FINDING COMPLI~CE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HE~EOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. Pursuant to Section 43.056, Texas Local Government
Code,the city Council of the City of La Porte hereby directs the
City of La Porte Planning Department to prepare a service plan that
provides for the extension of municipal services to the
Battleground Industrial District and the Ba~port Industrial
District, areas proposed to be annexed to the City of La Porte.
The proposed service plan shall be made available for public
inspection and explained to the inhabitants of the Districts at
public hearings to be held under Section 43.052, Texas Local
Government Code. The proposed service plan for Bayport Industrial
District shall not include the property ow~ed by Southern Ionics,
Inc.
Section 2. The property of each firm which accepts the offer
of the City of La Porte to enter into the city's proposed
industrial district agreement, for the seven year term beginning
January 1, 1994, shall not be included in the service plan.
section 3. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
, ""
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ORDINANCE NO. 93- 1943
PAGE 2
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 4. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 25th day of October, 1993.
CITY OF LA PORTE
By:
l~~'J~~
Norman L,. Malone,
Mayor
ATTEST:
~~
Sue Lenes,
City Secretary
w~~
. ASkins,
Attorney
.
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ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P.O. BOX 1218
LA PORTE. TEXAS 77572-1218
KNOX W. ASKINS
JOHN D. ARMSTRONG
TELEPHONE 713 471-1886
TELECOPIER 713 471-2047
October 14, 1993
RECEIVED
Mr. Robert T. Herrera
City Manager
City of La Porte
City Hall
La Porte, Texas
OCT 1 4 1993
CITY MANAGERS
OFFICE
Dear Bob:
As requested, I have prepared a resolution setting forth the policy
of the City Council in the proposed sale of that portion of Little
Cedar Bayou Park situated east of Old Highway 146, and the
utilization of the proceeds of sale for the purchase of the former
Seabreeze Sailing Club property on Galveston Bay.
The passage of this resolution by City Council will constitute a
formal policy statement by City Council to the electorate, of its
reasoning and intentions in these matters.
W. skins
Attorney
of La Porte
KWA: sw
Enclosure
cc: Mr. Mark C. Hodges
Woodard, Hall & Primm
7000 Commerce Tower
Houston, TX 77002
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RESOLUTION NO. 93- l5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, MAKING
CERTAIN FINDINGS OF FACT, AND DETERMINING THE POLICY OF THE CITY
OF LA PORTE, IN CONNECTION WITH THE SALE OF THAT PORTION OF LITTLE
CEDAR BAYOU PARK SITUATED EAST OF OLD HIGHWAY 146, AND THE
ACQUISITION OF THE FORMER SEABREEZE SAILING CLUB PROPERTY; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE;
section 1.
The city council of the city of La Porte, in
connection with that portion of Little Cedar Bayou Park situated
east of Old Highway 146, finds, determines and declares the
following:
1. This portion of Little Cedar Bayou Park has not been used
by the public in a manner which had been anticipated by
the City. It has been projected that less than 100
people visit this portion of Little Cedar Bayou Park, on
a yearly basis.
2. This portion of Little Cedar Bayou Park has the following
problems:
a) erosion - 12' per year due to tidal flow, surges of
ships, and storms;
b) security - property is limited to walking and is
densely wooded;
c) homeless have been known to visit the site and take
up temporary residence;
d) vandalism of fixed assets, boardwalks and viewing
areas are pillaged for wood; and
e) access from main park property requires citizens to
cross Old Highway 146, which is hazardous.
3. This portion of Little Cedar Bayou Park has been
appraised at $385,000.00, in its present condition, and
will require expenditure of $160,000.00 to prevent the
erosion of further park land.
4. The highest and best use of this portion of Little Cedar
Bayou Park is as a nature center.
5. This portion of Little Cedar Bayou Park connects to the
larger body of Little Cedar Bayou Park complex, located
west of Old Highway 146, which offers many of the same
attributes of that portion of Little Cedar Bayou Park
situated east of Old Highway 146, but without the erosion
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RESOLUTION NO. 93- lS
PAGE 2
problems, and is located closer to recreational
amenities.
6. That portion of Little Cedar Bayou Par~ situated east of
Old Highway 146, was purchased by the City of La Porte
in various tracts, for a total consideration of
$96,000.00, and, when last surveyed, constituted 14.644
acres, more or less, although a current survey will
likely show erosion of this total acreage computation.
7 . This portion of Little Cedar Bayou Park generates no
revenue for the city of La Porte.
section 2.
The City Council of the city of La Porte, in
connection with the former Seabreeze Sailing Club Property situated
on Galveston Bay in the City of La Porte, finds, determines and
declares the following:
1. By acquiring the former Seabreeze Sailing Club property,
the ci ty will have better control of its future in
determining the development of the shoreline of Galveston
Bay. Further, the city will not be dependent on Harris
County and private ownership in providing water
recreational opportunities for its ci~izens.
2. . City's comprehensive Plan recognizes Galveston Bay as an
untapped resource within La Porte:
a) future marina and pier site;
b) Master Plan calls for more recreational and leisure
activities; and
c) development of a recreational industry.
3. The former Seabreeze Sailing Club pnoperty is a good
location for a public park. The property is adjoined by
Deer Creek to the north and is built up high with bulk
heading in place. The property has been declared
environmentally clean.
4. The former Seabreeze sailing Club property has a permit
from the state of Texas for a fishing pier, and a small
pier is already in place.
5. The former Seabreeze sailing Club property meets some of
the primary goals ~nd objectives called for within the
Visions '89 Goals Report:
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RESOLUTION NO. 93- l5
PAGE 3
a) bay access;
b) water recreation; and
c) public access to bay front.
6. It is anticipated that greater recreational usage will
be made of the former Seabreeze Sailing Club property,
than is now being made of that portion of Little Cedar
Bayou Park situated east of Old Highway 146.
7. The appraised fair market value of the Seabreeze Sailing
Club property is $795,000.00, which is far greater than
the appraised fair market value of that portion of Little
Cedar Bayou Park situated east of Old Highway 146, which
was appraised at $385,000.00.
8 . Acquisition of the former Seabreeze Sailing Club property
would replace public park land acreage on sylvan Beach,
which will be lost to the proposed hotel development.
9. The acquisition and development as a park, of the former
Seabreeze sailing Club property, will return to the La
Porte community, a bit of its historical past. If a
concentrated effort is made, the recreational potential
offered by this property offers could make the City the
recreational center that it once was in the past.
10. The former Seabreeze Sailing Club property offers great
potential to generate new revenues for the City of La
Porte, to enhance future recreational amenities.
section 3.
The City Council of the City of La Porte has
previously passed Ordinance No. 93-1931, calling for an election
for the sale of that portion of -Little Cedar Bayou Park situated
east of Old Highway 146, with the proceeds of the sale to be used
only to acquire and improve public park property. If approved by
the electorate, it is the intention of the city Council of the City
of La Porte to use the proceeds of the sale for the acquisition and
development of the former Seabreeze Sailing Club property on
Galveston Bay.
Section 4.
The City Council officially finds, determines,
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RESOLUTION NO. 93-l5
PAGE 4
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
ci ty 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 Resolution shall be effective from and after
its passage and approval.
PASSED AND APPROVED this 25th day of October, 1993.
, CITY OF LA p~
By: &n;t;:~ ~
Norman . Ma one
Mayor
ATTEST: . ~
~~.
Sue Lenes
City secretary
~~~
Knox W. Askins
City Attorney
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~UEST FOR CITY COUNCIL AGEIA ITEM
Agenda Date Requested: October 25. 1993
Requested By: R. Herrera Department: Administration
Report
Resolution XX
Ordinance
Exhibits:
1. Letter from Knox Askins
2. Proposed Ordinance
3. Notice to bidders
SUMMARY & RECOMMENDATION
Ordinance No. 93-_
Authorizes the sale of a portion of Little Cedar Bayou Park, in particular the property
situated east of Old Highway 146.
If approved, bids will be sought by the City with a minimum asking price of $700,000. If
successful, the City will use these proceeds to purchase the former Seabreeze Sailing Club.
An award cannot be made unless the voters agree to this transaction in an election to be
held on November 2, 1993, and the City receives written consent from the Texas Parks and
Wildlife Department.
Recommendations
Staff seeks favorable consideration in this matter which we believe will meet many of the
goals set out in the City's Comprehensive Plan as well as the objective called for within the
Visions '89 Goals Report.
Action Required by Council:
Adopt Ordinance # _ authorizing sale and conveyance of real property and notice to the
general public of this offer of land for sale.
Availability of Funds:
_ General Fund_ Water/Wastewater
_ Capital Improvement_ General Revenue Sharing
Other
Account Number:
Funds Available: YES NO
Approved for City Council Agenda
~~T.~
Robert T. Herrera
City Manager
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Date
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ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P.O. BOX 1218
LA PORTE. TEXAS 77572-1218
KNOX W. ASKINS
..JOHN O. ARMSTRONG
TELEPHONE 713 471-1886
TELECOPIER 713 471-2047
October 14, 1993
RECEIVED I
Mr. Robert T. Herrera
City Manager
city of La Porte
City Hall
La Porte, Texas
Dear Bob:
OCT 1 4 1993
CiTY MANAGERS
OFFlCE
I have enclosed a proposed form of ordinance authorizing the sale
of that portion of Little Cedar Bayou Park situated east of Old
Highway 146.
I have a current title report obtained by Mark Hodges, which has
an extremely lengthy set of metes and bounds descriptions on the
various parcels of land comprising these tracts. By copy of this
letter, I am requesting that Mark consider whether we could use a
shortened legal description, by using reference to the various
deeds by which the city of La Porte obtained these tracts of land,
and their recording references, rather than full metes and bounds
description, and that he seek the advise and counsel of the title
company underwriter on this issue. I understand that Mr. Berdon
Lawrence is having a stake survey performed by H. Carlos Smith, but
it may be some time before that survey is available for use on the
deed description. I think a general description for the purposes
of this sale should be adequate.
After bids are received, I will need to prepare an ordinance for
Council, accepting the high bid, and authorizing the conveyance to
the successful bidder.
Finally, although I see no objection to publishing notices of the
sale prior to the election, obviously the sale could not be
completed until passage of the election proposition, and written
consent from the Texas Parks & wild Life Department.
Yo~~e~y truly,
~Skins
City Attorney
City of La Porte
KWA: sw
Enclosure
cc: Mr. Mark C. Hodges, Attorney at Law
Mr. John Joerns, Assistant City Manager
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ORDINANCE NO. 93-l944
AN ORDINANCE AUTHORIZING THE SALE AND CONVEYANCE OF CERTAIN PARCELS
OF REAL PROPERTY OWNED BY THE CITY OF LA PORTE; MAKING CERTAIN
FINDINGS OF FACT; AUTHORIZING NOTICE TO THE GENERAL PUBLIC OF THE
OFFER OF LAND FOR SALE; 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 of La Porte is the owner of the real
property more particularly described on Exhibit "A" attached
hereto, incorporated by reference herein, and made a part hereof
for all purposes. The City Council of the City of La Porte finds,
determines, and declares that such real property herein described
consti tutes a public park, and that the provisions of Section
253.001, Texas Local Government Code, are applicable to this sale.
Section 2. The City Council of the city of La Porte finds,
determines and declares that the real property described herein is
not needed or useful to the city of La Porte, and that notice to
the general public of the offer of the land for sale shall be
published in the Bayshore Sun, a newspaper of general circulation
in the City of La Porte, Harris County, Texas. The notice shall
be published on two (2) separate dates and the sale shall not be
made until the fourteenth (14th) day after the date of the second
publication.
The notice shall be in form attached hereto as
Exhibit "B", incorporated by reference herein, and made a part
hereof for all purposes.
Section 3.
The city Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
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ORDINANCE NO. 93- 1944
PAGE 2
ci ty 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 subj ect 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 4. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 25th day of October, 1993.
CITY OF LA PORTE
By:
~,~
hi rman L.' _ n ,
Mayor
ATL.~
Sue Lenes,
City Secretary
APPRffifED :
e&::JI cJ
Knox W. Askins,
City Attorney
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LEGAL DESCRIPTION
TRACT 1
Three tracts of land containing 12.00828 acres, more or less, out
of the Johnson Hunter Survey, Abstract 35, Harris County, Texas,
being more particularly described in Special Warranty Deed from
First city National Bank of Houston to the City of La Porte, dated
December 7, 1977, recorded under Harris county Clerk's file No.
F423903, reference to which is here made for all purposes; SAVE AND
EXCEPT that certain 0.6035 acre tract heretofore conveyed by the
City of La Porte to Charles Berdon Lawrence by deed dated April 20,
1990, filed for record under Harris County Clerk's file No.
M604460; and
TRACT 2
Three tracts of land containin 3.237 acres, more or less, out of
the Johnson Hunter Survey, A-35, Harris county, Texas, being more
particularly described in deed from Jackson S. Yarborough, et al,
to the City of La Porte, dated March 15, 1983, recorded under
Harris County Clerk's file No. H884293; and
TRACT 3
That certain portion of Park Avenue, vacated, abandoned, and closed
by City of La Porte Ordinance 1536, being more particularly
described as follows:
BEGINNING with a point for a corner, being the intersection of the
Center Line of Little Cedar Bayou and the West right of way line
of Park Avenue;
THENCE, southerly along the West right of way line of Park Avenue
to the Center Line of West "P" Street being a point for a corner;
THENCE, East along the Center Line of West "P" to the East right
of way line of Park Avenue for a point for a corner;
THENCE, Northerly along the East right of way line of Park Avenue
to the Center of Little Cedar Bayou for a point for a corner; (Said
East right of way line of Park Avenue being the West line of the
East 40 foot of Park Avenue closed and vacated by order of the
Commissioner's Court of Harris county on August 27, 1968, certified
copy of which is recorded in Volume 7323, Page 35, Deed Records,
Harris county, Texas.)
THENCE, Westerly meandering the Center of Little Cedar Bayou to the
Point of Beginning.
EXHIBIT "A"
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NOTICE TO BIDDERS
SEALED BIDS ADDRESSED TO THE CITY SECRETARY OF THE CITY OF LA
PORTE, HARRIS COUNTY, TEXAS, AND MARKED "SEALED BID # " WILL BE
RECEIVED AT THE CITY HALL, P.O. BOX 1115, 604 WEST FAIRMONT
PARKWAY, LA PORTE, TEXAS 77571, UNTIL 4:00 P.M., NOVEMBER _, 1993,
FOR THE SALE BY THE CITY OF LA PORTE OF THAT PORTION OF LITTLE
CEDAR BAYOU PARK SITUATED EAST OF OLD HIGHWAY 146, AND MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO-WIT:
TRACT 1
Three tracts of land containing 12.00828 acres, more or less, out
of the Johnson Hunter Survey, Abstract 35, Harris County, Texas,
being more particularly described in Special Warranty Deed from
First city National Bank of Houston to the City of La Porte, dated
December 7, 1977, recorded under Harris County Clerk's file No.
F423903, reference to which is here made for all purposes; SAVE AND
EXCEPT that certain 0.6035 acre tract heretofore conveyed by the
City of La Porte to Charles Berdon Lawrence by deed dated April 20,
1990, filed for record under Harris county Clerk's file No.
M604460; and
TRACT 2
Three tracts of land containing 3.237 acres, more or less, out of
the Johnson Hunter Survey, A-35, Harris County, Texas, being more
particularly described in deed from Jackson S. Yarborough, et al,
to the city of La Porte, dated March 15, 1983, recorded under
Harris county Clerk's file No. H884293; and
TRACT 3
That certain portion of Park Avenue, vacated, abandoned, and closed
by City of La Porte Ordinance 1536, being more particularly
described as follows:
BEGINNING with a point for a corner, being the intersection of the
Center Line of Little Cedar Bayou and the West right of way line
of Park Avenue;
THENCE, southerly along the West right of way line of Park Avenue
to the Center Line of West "P" Street being a point for a corner;
THENCE, East along the Center Line of West "P" to the East right
of way line of Park Avenue for a point for a corner;
EXHIBIT "B"
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THENCE, Northerly along the East right of way line of Park Avenue
to the Center of Little Cedar Bayou for a point for a corner; (Said
East right of way line of Park Avenue being the West line of the
East 40 foot of Park Avenue closed and vacated by order of the
Commissioner's Court of Harris County on August 27, 1968, certified
copy of which is recorded in Volume 7323, Page 35, Deed Records,
Harris County, Texas.)
THENCE, Westerly meandering the Center of Little Cedar Bayou to the
Point of Beginning.
BIDS MUST BE FOR ALL CASH. THE CITY WILL CONVEY THE PROPERTY
BY SPECIAL WARRANTY DEED. A CASHIER'S CHECK FOR FIVE PERCENT (5%)
OF THE AMOUNT BID, MUST ACCOMPANY THE BID. THE BIDS WILL BE OPENED
AND PUBLICLY READ IN THE COUNCIL CHAMBERS IMMEDIATELY AFTER THE
CLOSING HOUR FOR THE BIDS ON SAID DATE.
EACH PROPOSAL MUST BE SUBMITTED IN DUPLICATE. FORMS FURNISHED
BY THE CITY OF LA PORTE MAY BE OBTAINED FROM THE CITY SECRETARY OF
THE CITY OF LA PORTE, TEXAS. THE CITY RESERVES THE RIGHT TO REJECT
ANY AND/OR ALL BIDS, TO WAIVE ANY AND ALL TECHNICALITIES AND TO
ACCEPT ANY BID OR PART THEREOF, WHICH IN THE OPINION OF THE CITY
COUNCIL, IS MOST ADVANTAGEOUS TO THE CITY.
CITY OF LA PORTE
SUE LENES - CITY SECRETARY
PUBLISHED:
PUBLISHED:
EXHIBIT "B"
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REOUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 25. 1993
Requested By:
Louis Rigby
Department:
Human Resources
Report
Resolution
x
Ordinance
Exhibits:
Ordinance 1285 - J
SUMMARY & RECOMMENDATION
Municipal Civil Service law, section 143 of the Local Government Code, provides that, in
Section 143.021, the municipality's governing body shall establish, by ordinance, classifications
and the number of positions in each classification. The City of La Porte adopted Ordinance no.
1285 in September of 1981. This ordinance also established Civil Service pay schedules
although this is not a requirement of the statute.
The attached Ordinance 1285 - J, amends the original ordinance and deletes Section 4 which
established annual pay schedules. This action provides for the City's compliance with the
provisions of the statute.
Action Required by Councll:
Adopt Ordinance 1285 - J.
Availability of Funds:
_ General Fund
_ Capital Improvement
_ Other
_ WaterlWastewater
_ General Revenue Sharing
Account Number:
Funds Available:
Yes
No
Approved for City Council Aeenda
Q~J T, ~
Robert T. Herrera
City Manager
lO. 2o-"~~
Date
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ORDINANCE NO. 1285-J
AN ORDINANCE AMENDING ORDINANCE NO. 1285, "AN ORDINANCE
IMPLEMENTING POLICEMEN'S CIVIL SERVICE; ESTABLISHING
CLASSIFICATIONS; NUMBER OF AUTHORIZED POSmONS IN EACH
CLASSIFICATION; ESTABUSHING PAY SCHEDULES; CONTAINING A
SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; CONTAINING A REPEALING CLAUSE;A ND PROVIDING AN EFFECTIVE
DATE HEREOF".
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE,
TEXAS:
Section 1. Section 4 of Ordinance 1285 is hereby repealed.
Section 2. Except as hereby amended, Ordinance No. 1285 shall remain in full force
and effect.
Section 3. The City Council officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place, and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall of the City for the
time required by law preceding this meeting, as required by the Open Meetings Law, Article
6257-17, 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 4. This Ordinance shall take effect and be in force as of October 1, 1993.
PASSED AND APPROVED this the 25th day of October, 1993.
City of La Porte .
ATTEST;
~o~
City Secretary
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R&EST FOR CITY COUNCIL AGE~ IT~M
I
Agenda Date Requested: October 25, 1993
Report
Department: Administr*ion
Requested By: Louis Rigb
Ordinance
Exhibits:
1.
Memo from MIS Manager
SUMMARY & RECOMMENDATION
Request for Proposals were mailed to sixteen area vendors who ICOUld provide the City
with personal computers and components. This was done! to provide a single
responsible and responsive source for such equipment.
On October 4th the City received seven offers in responses ~o the request and all
seven were evaluated. .
The MIS Steering Committee reviewed and concurred with the MIS staff in their
recommendation. I
The vendor who is awarded the non-exclusive contract shall provide the City
microcomputer systems and components that have been approved by the MIS
Steering Committee or replacement for failed components.
The following is a summary of the three lowest offers:
Vendor
UBM, Houston
Computer Country, Deer Park
Ti-Pan Computers, Houston
Total of P600sal
20, 21.15
21,568.96
22,040.00
MIS has contacted the references listed by UBM and found three out of the five
I
contacted would not recommend them. The MIS staff also has had unsatisfactory
dealings with them.
It is recommended by the MIS Manager and the MIS Steering Committee that the
proposal made by Computer Country be accepted and Ti-Pan Computers, Inc., be
accepted as an alternate source in event that Computer Couhtry can not fulfill the
terms of the contract.
Action Required by Council:
Approve and authorize a non-exclusive agreement between the City of La Porte and
Computer Country to furnish various personal computer systems, components and
operating system software. Also accept Ti-Pan Computers, IncJ as an alternate source
in event that Computer County can not fulfill the terms of th~ contract.
I
Funds:
General Fund
Capital Improvement
Other (None required)
VVa ertvVastewater
Ge eral Revenue Sharing
Account Number: Various Acc?unts
Funds Available:j
XX YES NO
AODroved for City Council Agenda
~~T; ~
I oc 2.-o~q)
Robert T. Herrera
City Manager
DATE
CITY. LA PORTE e
INTER-OFFICE MEMORANDUM
D
To:
John Joorns, Assistant City Manager
Louis Rigby, Director of Administrative Services
MIS Steering Committee
Management lriformoJlnfl Senices
From:
Larry Mabe, MIS Manager
Date:
August 30, 1993
Subject:
Personal Computers and Parts for FY 93-94
Request for proposals (RFP) for furnishing personal computers and parts for FY 1993-94 were mailed
to sixteen (16) vendors. On October 4, 1993, the City received eight response, one a "No Bid". After
reviewing the proposals three items did not have bids from several of the vendors. The requested
hardware is becoming unavailable due to changing markets. For evalution purposes the following items
have been deleted from the proposals.
. 386-20 to 25 MHZ PC
. 80-85 MB Hard Drive
. 106-130 MB Hard Drive
I recommend Computer Country to receive the contract for Microcomputer Systems and Components.
Computer Country offers better performing PCs, longer warranty periods, and since they are local the
City will save shipping cost and employee time picking up small orders or returning defective parts.
The first table summarizes the adjusted proposals for parts, personal computers and assembly (for 16
PCs). The second table compares the three lowest vendors proposals for PCs, hard drives and service
categories.
VENDOR ADJUSTED BID ASSEMBLY COST TOTAL BID
X 16 ,
UBM $20,021.15 $0.00 $20,021.15
Computer Country $20,472.96 $1,096.00 $21,568.96
OMAC $21,731.00 $640.00 $22,371.00
Tia-Pan $22,040.00 $0.00 $22,040.00
Bestek $22,608.00 $560.00 $23,168.00
Liuski $22,481.00 $1,040.00 $23,521.00
EPO $23,208.00 $0.00 $23,208.00
RFP - Personal Computers and Parts for FY 1993-94
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PERSONAL COMPUTER/COMPONENT
BIDDER'S LIST
OMAC GROUP, INC.
7322 S.W. FRWY., SUITE 109
HOUSTON, TX 77074
ATTN: MARTIN BRENNAN
PHONE: 995-5152
LEADMAN ELECTRONICS
l0850 KINGHURST
HOUSTO~ TX 77099
ATTN: fAT CRUMBO
PHONE: 983-9381
BESTEK INTERNATIONAL INC.
10400 ROCKLEY RD.
HOUSTON, TX 77099
ATTN: JANET LINDER
PHONE: 530-2395
ELECTRONIC PARTS OUTLET
17318 HIGHWAY 3
WEBSTER, TX 77598
ATTN: RICHARD RHODAN
PHONE: 338-2880
DISKETTES ETC.
403 N. 10TH STREET
LA PORTE, TX 77571
ATTN: ROBIN CREED
PHONE: 470-0927
UNITED BUSINESS MACHINES
10290 WESTHEIMER
HOUSTON, TX 77042
ATTN: GOVERNMENT SALES
PHONE: 974-5050
DASKO COMPUTER SERVICE
11100 SOUTH WILCREST
HOUSTON, TX 77099
ATTN: JOHN DASKO
PHONE: 933-5636
COMPUTER EXPO
11312 WESTHEIMER
HOUSTON, TX 77077
ATTN: STEVEN THOMPKINS
PHONE: 531-0990
LIUSKI INTERNATIONAL
3770 WESTCHASE DRIVE
HOUSTON, TX 77042
ATTN: JULIE ANDERSON
PHONE: 780-8069
COMPUTER COUNTRY
4914 LUELLA
DEER PARK, TX 77536
ATTN: BRUCE PHILLIPS
PHONE: 479-6033
COMP USA
12230 WESTHEIMER
HOUSTON, TX 77077
AT TN : GOVERNMENT "t.ES
PHONE: 589-8500
TAl PAN COMPUTERS, INC.
~~~~T~~~ST77072
ATTN:. 71Jf.MAR HAANR
GRUMMAN SYSTEMS SUPPORT
10606 HEMPSTEAD, SUITE #142
HOUSTON, TX 77092
ATTN: JAVID I. MALIK
PHONE: 681-2891
SPECTRUM COMPUTERS
5959 WESTHEIMER
HOUSTON, TX 77057
ATTN: JOHN LE
PHONE: 782-5527
SOLAR SYSTEM COMPUTERS
P .0. BO~ 751534
HOUSTON, ~~. 7.275
ATTN: JERA RRIS
PHONE: 286-
MICROCOMPUTER POWER
11333 CHIMNEY ROCK
HOUSTON, TX 77035
ATTN: CHRISTY HARVEY
PHON~ 126-9822 EXT. 91122