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HomeMy WebLinkAbout1993-10-25 Public Hearing and Regular Meeting -- -...............--y- I .- e e 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) e e 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. . e 1------ e e 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. e e 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. e e 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. e e 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. e e 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. e e 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 e e 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 ~{t1Yor e e 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. e e . e Office of the Mayor 0\1 ~{J {) ~~#%ft;.&o .~ .~ ~-,' l'<? r ion l!JJ~rrta.a : 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 OU ~{J 8: ~~~.&o :~ Y' ~<? \ r DJJqrrrU!i : 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 ,,> \ .,~ ': ..~~~,.,\ -~-;;"":,:..~ ; ,~....~\. /', ',~ '::...'~."' ".. p:' ~t, .-' ,., """..,,','1'''''' . !If; ~J ~< . ."_' 't., ~V::~J :: " :if, 'i'"'' d!".' j ,_ ;f t .: '. '" ~~ g '." ..,f \!'~ 'l. ';1 .( i "" '+...J -~:~ . .. , ~ $" " ~.,~4" ~ ".2 *',. ~ j . ~. ,,,;~ .% '~\ .... ":., j!#"" \" '~!:", ~~ ~~;~j;~6~{:7'~~x,~~~~ ~~~1 -~it,ti.:' ',r,~,' .\,."'.,."....... .~, --. . .~: A:'U~I;,\~~t 4],-::"- ,~~~~~"I"_'":..---:~ Norman L. Mal!)ne, Mayor e e , . REQUEST FOR CITY COUNCIL AGENDA ITEM ----------------------------------------------------------------- ----------------------------------------------------------------- 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. e e 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. ---------------------------------------------------------------- ---------------------------------------------------------------- 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 e e \ (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 e e \ 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 e e \ 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 e e \ 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 2 e e property in the annexed portion, for ad valorem tax purposes. \ 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 3 e e City's independent appraiser; and \ 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 4 e e 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. \ 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 5 e e 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 6 e e 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. 7 e e 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 8 e e "EXHIBIT A" TO INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE AND (Metes and Bounds Description of Land) 9 . ----1 e e "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.) 10 e e It e 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 , . '. e e \. 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 , "" e e \. 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 . . J() e . 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 - .--" e e \ 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 ... e e \. 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: e e \ 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, e e \ 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 e e . , ~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 \ 0 . '2.0 -ct '5 Date . e 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 ,.J e e .. \. 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 "\ e e \ 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 e e \. 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" e e \. 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" paqe 1 of 2 e e \ 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" paqe 2 of 2 - e e 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 e e 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 . e /3 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 . e 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