HomeMy WebLinkAbout1994-10-24 Public Hearing and Regular Meeting
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AGENDA
PUBLIC HEARING AND REGULAR MEETING OF LA PORTE CITY COUNCIL TO BE
HELD OCTOBER 24, 1994, IN THE COUNCIL CHAMBERS OF THE CITY HALL,
604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, BEGINNING AT 6:00 P.M.
Next Ord. 94-2001
Next Res. 94-10
1. CALL TO ORDER
2. INVOCATION BY COUNCILPERSON JERRY CLARKE
3. CONSIDER APPROVING MINUTES OF REGULAR MEETING OCTOBER 10, 1994
AND SPECIAL CALLED EXECUTIVE SESSION OCTOBER 17, 1994
4. CONSIDER APPROVING MINUTES OF SPECIAL CALLED EXECUTIVE SESSION
OCTOBER 17, 1994
5. PRESENTATION:
A. CERTIFICATE OF APPRECIATION - DELBERT WALKER
6. PROCLAMATIONS:
A. PHARMACY WEEK - KATHY JACKSON
B. RED RIBBON WEEK - JOYCE SEASE
7. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX
PAYERS WISHING TO ADDRESS COUNCIL
8. PUBLIC HEARING - A: SPECIAL CONDITIONAL USE PERMIT REQUESTED
SCU94-001, FOR THE PURPOSE OF ALLOWING LIVESTOCK TO BE
PASTURED ON AN APPROXIMATELY 87 ACRE TRACT LOCATED ADJACENT TO
THE NORTHERN AND WESTERN BOUNDARIES OF THE LA PORTE TERRACE
SUBDIVISION
OPEN PUBLIC HEARING
REVIEW BY STAFF OF REQUEST
PUBLIC INPUT
RECOMMENDATION OF PLANNING & ZONING COMMISSION
CLOSE PUBLIC HEARING
9. CONSIDER SPECIAL CONDITIONAL USE PERMIT REQUEST SCU94-001 C.
Harrington
10. PUBLIC HEARING - B: SPECIAL CONDITIONAL USE PERMIT REQUESTED
FOR THE PURPOSE OF ALLOWING A COMMERCIAL PLANNED UNIT
DEVELOPMENT (P.U.D.) SCU94-002, TO BE DEVELOPED ON AN 11.79
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ACRE TRACT LOCATED IN THE 800 BLOCK OF MCCABE ROAD.
OPEN PUBLIC HEARING
REVIEW BY STAFF OF REQUEST
PUBLIC INPUT
RECOMMENDATION OF PLANNING & ZONING COMMISSION
CLOSE PUBLIC HEARING
11. CONSIDER SPECIAL CONDITIONAL USE PERMIT REQUEST FOR THE
, PURPOSE OF ALLOWING A COMMERCIAL PLANNED UNIT DEVELOPMENT - C.
Harrington
12. CONSIDER AN ORDINANCE 'APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A AGREEMENT WITH TEXAS DEPARTMENT OF
TRANSPORTATION FOR RIGHT-OF-WAY ACQUISITION FOR RECONSTRUCTION
SH 146 FROM SH 225 INTERCHANGE TO FAIRMONT PARKWAY (Ord. 94-
2001) - C. Harrington
13. CONSIDER AN ORDINANCE APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH THE ASSOCIATION OF BAYPORT
COMPANIES, INC., FOR EMERGENCY AMBULANCE SERVICE (Ord. 94-
2002) - J. Sease
14 . CONSIDER DECLARING AN' EMERGENCY, RATIFYING CONTRACT WITH
FURLOW SERVICES, INC. AND APPROPRIATE FUNDS FOR REPAIRS TO
RELOCATE WATER LINE ON UNDERWOOD ROAD - C. Harrington
15. CONSENT AGENDA - ANY ITEM MAY BE REMOVED BY A COUNCILPERSON
FOR DISCUSSION
A. CONSIDER AWARDING A CONTRACT TO DYNAMIC IMAGING SYSTEM TO
FURNISH IMAGING COMPONENTS SOFTWARE AND MAINTENANCE - J.
Litchfield
B. CONSIDER AWARDING A BID FOR THE ANNUAL SUPPLY OF
REINFORCED CONCRETE PIPE AND ASSOCIATED ITEMS TO BAY
CONCRETE PRODUCTS, INC. - S. Gillett
C. CONSIDER REQUEST TO PURCHASE THREE (3) VIDEO CAMERAS FROM
A SOLE SOURCE VENDOR VIDEO SYSTEMS PLUS - ,B. powell
16. ADMINISTRATIVE REPORTS
A. AWARD FROM 100 CLUB
17. COUNCIL ACTION
18. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS
LAW, CHAPTER 551. 071 THROUGH 551. 076, AND 551. 084, GOVT. CODE,
VERNON'S TEXAS CODES ANNOTATED, - (CONSULTATION WITH ATTORNEY,
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DELIBERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING
PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, CONFERENCE
WITH EMPLOYEES, DELIBERATION REGARDING SECURITY DEVICES, OR
EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN
AN INVESTIGATION)
19. ADJOURNMENT
If during the course of the meeting covered by this agenda the
Council should determine that a closed or executi ve 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 sessions authorized by the Open Meetings Law, Chapter
551, Government Code, Vernon's Texas Codes Annotated, will be held
by the Council at that date, hour and place given in the meeting
notice or as soon after the commencement of the meeting covered by
the meeting notice as the Council may conveniently meet in such
closed or executive meeting or session concerning any and all
subjects and for any and all purposes permitted by Sections 551.071
through 551.076, and Section 551.084, of said Open Meetings Law,
including, but not limited to:
Section 551.071 -
Section 551.072 -
Section 551.073 -
Section 551.074 -
Section 551.075 -
Section 551. 076
For the purpose of a private consultation with
the Council's attorney on any sUbject or
matter authorized by law.
For the purpose of deliberating the purchase,
exchange, lease or value of real property.
For the purpose of deliberating a negotiated
contract for a prospective gift or donation to
the City.
For the purpose of deliberating the
appointment, employment, evaluation,
reassignment, duties, discipline or dismissal
of a public officer or employee or to hear
complaints or charges against a public officer
or employee, unless the officer or employee
requests a public hearing.
For the purpose of conferring with an employee
or employees of the City, only for the purpose
of receiving information from the employee or
employees or to ask questions of the employee
or employees; provided, however, that no
discussion of public business or City policy
that affects public business shall take place
between the members of the City Council during
the conference.
To consider the deployment,
occasions for implementation,
personnel or devices.
or specific
of security
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MINUTES OF THE PUBLIC HEARING
AND REGULAR MEETING OF
LA PORTE CITY COUNCIL
OCTOBER 24, 1994
1. The meeting was called to order by Mayor Norman Malone at 6:00
P.M.
Members of citv Council Present: Mayor Norman Malone,
councilpersons Guy Sutherland, Mike Cooper, Bob Thrower, Bob
McLaughlin, Deotis Gay, Jack Maxwell and Jerry Clarke
Members of Council Absent: Councilperson Alton Porter
Members of ci tv Staff Present: ci ty Manager Robert T.
Herrera, City Attorney Knox Askins, City Secretary Sue Lenes,
Assistant City Manager John Joerns, Chief of Police Bobby
Powell, Director of Finance Jeff Litchfield, Purchasing Agent
Susan Kelley, Director of Planning Chuck Harrington, Director
of Public Works steve Gillett, Fire Chief Joe Sease, Fire
Marshal Paul Hickenbottom, Secretary to the City Manager Carol
Buttler
Others Present: A large number of La Porte citizens
2. The invocation was given by councilperson Clarke.
3. Council considered approving minutes of Regular Meeting
October 10, 1994.
Motion was made bv Councilperson Sutherland to approve the
minutes of October 10 as presented. Second by Councilperson
Thrower. The motion carried, 7 ayes, 0 nays and 1 abstain.
Ayes: Councilpersons Sutherland, Cooper, Thrower, Gay,
Maxwell, Clarke and Mayor Malone
Nays: None
Abstain: councilperson McLaughlin
4. Council considered approving minutes of special Called
Executive Session October 17, 1994.
Motion was made bv Councilperson Clarke to approve the minutes
of October 17 as presented. Second by Councilperson Thrower.
The motion carried, 8 ayes and 0 nays.
Ayes:
Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Gay, Maxwell, Clarke and Mayor Malone
5. Mayor Malone presented a certificate of appreciation to
Delbert Walker for serving on the Fire Code Review Committee.
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Minutes Public Hearing
and Regular Meeting
La Porte city Council
October 24, 1994, Page 2
Mr. Walker resigned from the committee after thirteen years of
service.
6. Mayor Malone proclaimed the week of October 23-29, 1994, as
Pharmacy Week. Mr. Neal Broussard received the proclamation.
Mayor Malone also proclaimed the week of October 22-30, 1994,
as Red Ribbon Week. Mrs. Joyce Sease received the
proclamation.
Mayor Malone read to the audience an article published in the
La Porte Bayshore Sun recently regarding the dedication and
hard work performed by the POlice, Fire and other city of La
Porte staff and employees during the period of heavy rains and
flooding which subsequently caused the death of a La Porte
youth. After stating Council's pride in a jOb well done by
city of La Porte staff, Mayor Malone presented a wooden
carving of a pig to Chief of Police Bobby Powell in
appreciation for his devotion to duty during the crisis
situation.
7. Three citizens addressed Council regarding Ms. Sherrie Langley
and Mr. Harold Mathews application for a Special Conditional
Use Permit to fence a certain tract of land and use it to
pasture livestock. Those speaking in opposition to this
request were Lisa Honeycutt Cook, 630 North 13th Street; Ms.
Marita Jackson, 708 North 13th Street; Richard Watkins, 804
North 13th Street. There were five citizens addressing
Council regarding a Special Conditional Use Permit request
from representatives of Rescue Concepts, Inc., to utilize a
tract of land for an emergency education facility and company
office. Those speaking in opposition to this request were
Bruce I. Marsden, 3107 Lazy Pine; Ron Gragg, 3007 Lazy pine;
Jim Zoller, 907 Hackberry; Ken Koval, 914 Hackberry; Bob
Capen, 807 Oak Leaf. Mr. Capen also stated his thanks and
appreciation to Council and Staff for their efforts in turning
around the requests of Rescue Concepts, Inc. Mr. Capen said,
"It is nice to live in La Porte. My life is here, it has been
here, it will be here. You are doing something that makes me
proud of you in trying to establish a residential area for
now and for a long, long time."
Mayor Malone thanked the citizens for their interest and
comments. He also recognized Lou Lawler for her many
contributions to LaPorte, and he announced she was recently
honored for her contributions to the Seafarers Centers by the
Houston Port Commission.
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Minutes Public Hearing
and Regular Meeting
La Porte City Council
October 24, 1994, Page 3
8. Mayor Malone Opened Public Hearing A at 6:33 P.M.
Public Hearing A - Special Conditional Use Permit Requested
SCU 94-001, for the purpose of allowing livestock to be
pastured on an approximately 87 acre tract located adjacent to
the northern and western boundaries of the La Porte Terrace
subdivision.
Director of Planning Chuck Harrington reviewed the request and
answered Council questions.
Mayor Malone called for public input. Lisa Honeycutt Cook
spoke again asking a question about the hearing process. ci ty
Manager Robert T. Herrera addressed Ms. Cook's question
explaining there is a certain procedural process the City is
required to follow. Chuck Harrington explained that State law
requirements state the City Council is the only body having
the power to either grant or deny a permit, and there is a
recommendation process coming from Planning and Zoning to city
Council which requires a two step public hearing process. Mr.
Harrington explained we are at that point in the process now.
Director of Planning Chuck Harrington reported that to grant
a permit, one of the conditions would be to have the dedicated
right-of-ways extending onto the property be left
unobstructed, which would require the applicant to fence the
area in smaller pastures. The applicant during his public
hearing testified the smaller pastures would not provide a
workable arrangement for his needs. Director of Planning
Chuck Harrington stated the recommendation of the Planning and
zoning commission concurred with staff's recommendation
regarding the right-of-ways. The Planning and zoning
commission recognized this would inhibit the property owner's
ability to utilize the property. Therefore, Planning and
Zoning commission recommended, by a 6 to 1 vote, this request
be denied.
Mayor Malone closed the public hearing at 6:43 P.M.
9. Council considered Special Conditional Use Permit Request SCU
94-001.
Motion was made bv Councilperson Sutherland that the permit
reauest SCU 94-001 be denied. Second by Councilperson Gay.
The motion carried,.8 ayes and 0 nays.
Ayes:
Councilpersons sutherland, Cooper, Thrower,
McLaughlin, Gay, Maxwell, Clarke and Mayor Malone
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Minutes Public Hearing
and Regular Meeting
La Porte city Council
October 24, 1994, Page 4
Nays:
None
10. Mayor Malone opened Public Hearing B at 6:45 P.M.
Public Hearing - B - Special Conditional Use Permit request
for the purpose of allowing a Commercial Planned unit
Development (P.U.D.). SCU 94-002, to be developed on an 11.79
acre tract located in the 800 block of McCabe Road
Director of Planning Chuck Harrington read a letter from
Rescue Concepts, Inc., stating they are considering other
options for the location of their educational facility. They
stated, "We are aware of the concerns of the citizens of Shady
River; therefore, we feel at this time it would be in the best
interest of all concerned for R.C.I. to withdraw our request
for zoning. We appreciate the time and effort that you and
your staff have made in assisting us." Mr. Harrington stated
staff recommends the Council accept Rescue concepts, Inc.
withdrawal request for SCU 94-002 Special Conditional Use
Permit.
Mayor Malone asked for public input. There being none, the
public hearing was closed at 6:47 P.M.
11. Council considered Special Conditional Use Permit Request for
the purpose of allowing a Commercial Planned unit Development.
Motion was made by Councilperson Clarke that Council accept
the letter from Rescue Concepts. Inc. wi thdrawinq their
request for Special Conditional Use Permit SCU 94-002: that
this letter be entered into the city Council records and the
minutes of these proceedinqs: and any request they have for a
permi t be denied. Second by councilperson Cooper. The motion
carried, 8 ayes and 0 nays.
Ayes:
councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Gay, Maxwell, Clarke and Mayor Malone
None
Nays:
12. Council considered an ordinance approving and authorizing the
City Manager to execute an agreement with Texas Department of
Transportation for right-of-way acquisition for reconstruction
of State Highway 146 from State Highway 225 interchange to
Fairmont Parkway.
Director of Planning Chuck Harrington reviewed and answered
questions regarding the request and stated staff recommends
Council approval and authorization.
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Minutes Public Hearing
and Regular Meeting
La Porte city Council
October 24, 1994, Page 5
city Attorney read: ORDINANCE 94-2001 AN ORDINANCE
APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA
PORTE AND THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR RIGHT-
OF-WAY ACQUISITION FOR RECONSTRUCTION OF STATE HIGHWAY 146
FROM STATE HIGHWAY 225 TO FAIRMONT PARKWAY; APPROPRIATING A
TOTAL OF $292,450.00 TO FUND SAID CONTRACT, AND AUTHORIZING
PAYMENT OF $180,000.00 IN 1995, AND $112,450.00 IN 1996;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made byCounciloerson Thrower to aporove Ordinance
94-2001 as read by the city Attorney. Second by Councilperson
Maxwell. The motion carried, 8 ayes and 0 nays.
Ayes:
Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Gay, Maxwell, Clarke and Mayor Malone
None
Nays:
13. Council considered an ordinance approving and authorizing the
city Manager to execute a contract with the Association of
Bayport companies, Inc., for emergency ambulance service.
Fire Chief Joe Sease reviewed the request and staff's
recommendation.
City Attorney read: ORDINANCE 94-2002 AN ORDINANCE
APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA
PORTE AND THE ASSOCIATION OF BAYPORT COMPANIES, INC., FOR
EMERGENCY AMBULANCE SERVICE; MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Counciloerson Clarke to aoorove ordinance
94-2002 as read bY the city Attorney. Second by Councilperson
McLaughlin. The motion carried, 8 ayes and 0 nays.
Nays:
Councilpersons sutherland, Cooper, Thrower,
McLaughlin, Gay, Maxwell, Clarke and Mayor Malone
None
Ayes:
14. Council considered declaring an emergency, ratifying contract
with Furlow Services, Inc. and appropriate funds for repairs
to relocate water line on Underwood Road.
Director of Planning Chuck Harrington reviewed with Council
the request and staff's recommendation.
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Minutes Public Hearing
and Regular Meeting
La Porte city Council
October 24, 1994, Page 6
Motion was made by Councilperson McLauqhlin to declare an
emerqency. ratifY a contract with Furlow Service. Inc. and
appropriate funds for repairs to relocate water line on
Underwood Road. Second by councilperson Thrower. The motion
carried, 8 ayes and 0 nays.
Nays:
Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Gay, Maxwell, Clarke and Mayor Malone
None
Ayes:
15. Council considered a Consent Agenda as follows: A) Consider
awarding a contract to Dynamic Imaging system to furnish
imaging components software and maintenance; B) Consider
awarding a bid for the annual supply of reinforced concrete
pipe and associated items to Bay Concrete Product, Inc.; C)
Consider request to purchase three video cameras from a sole
source vendor Video Systems Plus.
Motion was made by Councilperson Thrower to approve the
consent aqenda as presented. Second by Councilperson Maxwell.
The motion carried, 8 ayes and 0 nays.
Ayes:
Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Gay, Maxwell, Clarke and Mayor Malone
None
Nays:
16. City Manager Robert T. Herrera reported to Council regarding
the letter from the One Hundred Club of Houston. Mr. Herrera
reported, "The City Police Department submitted a request to
the One Hundred Club for a grant of approximately $95,000.00.
The One Hundred Club, based on the performance by our Police
Chief which was superior, has agreed to fund $47,500.00 to the
city of La Porte if the City of La Porte can match that amount
by June of 1995. This grant will be for a new radio dispatch
and modular radio console system. This is recommended by this
administration, and what we would like to do, if Council
concurs with this direction, is place this item on the agenda
for the next council meeting for the appropriation of funds
from the General Fund contingency Account." Council directed
Mr. Herrera to place this item on the next regular meeting
agenda.
17. Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Gay,
Maxwell, Clarke and Mayor Malone brought items to Council's
attention.
18. There was no need for an executive session, therefore none was
held.
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Minutes Public Hearing
and Regular Meeting
La Porte City Council
October 24, 1994, Page 7
19. There being no further business to come before Council the
meeting duly adjourned at 7:12 P.M.
Respectfully submitted,
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Sue Lenes, City Secretary
Passed and Approved this the 7th day
of lIvember, 1994
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'RESCUE
CONCEP".
INC.
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'At this time, Rescue c~ncept~ i~~. is'con~ldorins other"options fOf our edu~ioria1-:' '
'.<-"" faciiity. .We are aware of the concerns of the citi1;COS ofS'hady River ther~fore we feenh'at'at tlus .~..,
time it would be in the best interest of all concerned for ReI to ,withdraw OUf request for zoning., '
. We appreciate the time and effort that}'ou and your staft"have made in assisting us.
Sincerely,
~/r~/!N
,Melanie K. Liska RN. .
Educational Coordinator
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, P:O. Box 751533 .. Houston. Texas. -11275-1533 . (713)475-8Z05. Fax(713)41S&504
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nItl1rrru.6: The need j:Jr effident, cost-effective health care is of
primary importance to ail citizens of our community;
and
WHEREAS, prescription and non-prescription medication is recognized as a
vital elemenJ in effective health care; and
WHEREAS, nearly OOJ billion prescriptions are dispensed annually with one
of three Americans receiving no information about these medicines before they take them; and
WHEREAS, due primarily to a lack of information on the part of patients,
approximately one-half of ail prescriptions are used incorrectly, contributing to prolonged iI1nes.s,
avoidable side effects, unnecessary hospitalizations, and even death; and
WHEREAS, the local pharmacists of our community are the recognized
professionals who specialize in proper use of medications and theSes professionals are dedicated
to increasing communication Ohout prescription medicines thereby improving the health of ail
Texans, inchuling those in the City of La Porte.
NO~ THEREFORE, I, NORMAN L. MAWNE, MAYOR of the City
of La Porte, do hereby procIaimthe week of October 23-29, 1994, as
PHARMACY WEEK
in the City of La Porte, and urge all citizens to oqserve this important week by conferring with
their pharmacist concerning the proper use of ail medicines prescribed to them.
IN WITNESS,WHEREOF, I have hereunto set my hand and caused the
Seal of the City to be affixed hereto, this the 24th day of October, 1994.
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CITY OF LA PORTE
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N rman. L. Malone, M .
bfIiee of th' Mayor
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n11 ~rrra!i : 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 thai visible, unified prevenJion 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 Week", October 22-30, 1994; 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. MAWNE, MAYOR of the
City of La Porte, do hereby proclaim the week of October 22-30, 1994, as
RED RIBBON WEEK
in the City of La Pone, and encourage all citizens to pledge: La Pone 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 24th day of October, 1994.
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CITY OF LA PORTE
Norman L. Malone, Mayor
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REQUEST FOR CITY COUNCIL AGENDA ITEM
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Agenda Date Requested: October 24. 1994
Requested By: Charles Harrinqton
Department: Planninq
~ Report
Resolution Ordinance
Exhibits: 1.
2.
3.
4.
Transmittal letter from Planning & Zoning commission
Applicant's Submittal
Staff Report.
Special Conditional Use Permit SCU94~OOl
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SUMMARY 5 RECOMMENDATION
summary:
A Special Conditional Use Permit (#SCU94-001) has been requested
for the purpose of allowing livestock to be pastured on an
approximately 87 acre tract located adjacent, to the northern and
western boundaries of the La Porte Terrace Subdivision. This
request was considered in public hearing during the Commission's
September 15, and September 29, public hearing.
Staff recommended granting this subject to the conditions required
by ordinance and deemed necessary to protect the best public
interest. The applicant in his public hearing testimony stated
that the recommended conditions, specifically the requirement to
leave public rights-Of-way open and unobstructed, would prevent
this from being available project. Based on this statement, the
Planning & zoning commission recomm~nded denial of this request.
Recommendation: Staff concurs with the Planning & Zoning
Commission and recommends denial of Special Conditional Use Permit
SCU94-00l.
Action Required by Council:
1. Conduct Public Hearing
2. Consider approval or denial of 8CU94-001
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Availability of Funds: N/A
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
Funds Available:
Yes
No
~~r cry~~genda:
Robert T, Herrera
city Manager
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Date
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City of La Porte
Established 1892
October 11, 1994
Honorable Mayor Norman Malone and City Council
City of La Porte
Re: Special Conditional Use Permit Request #SCU94-001
Dear Mayor Malone:
The La Porte Planning and Zoning Commission, during its September 15, 1994, and
September 29, 1994, public hearings and regular meetings, considered Special Conditional
Use Permit Request #SCU94-001. The permit has been requested for an 87 acre tract
comprised of portions of Tract #2 of the Enoch Brinson Survey and Lots 13; 14; 19; 20; 29;
30 of the Nebraska Syndicate. The purpose of the permit is to allow the property in
question to be fenced and used to pasture livestock.
One of the conditions that staff recommended for this permit is the requirement that
dedicated rights-of-way extending onto the property be left unfenced and unobstructed. This
would require fencing the property into multiple, smaller pastures. The applicant, during
his public hearing testimony, indicated that the smaller pastures would not provide a
workable arrangement for his needs.
The Planning and Zoning Commission concurs with staff regarding the need for public
rights-of-way to remain open and unobstructed. The Commission also recognizes that it is
the responsibility of the property owner to petition City Council regarding closure or private
use of rights-of-way. Staffs report, detailing the facts relating to this and other issues
considered by the Commissio!l, is attached and follows this report.
Based on these circumstances and considerations, the Planning and Zoning Commission has,
by a six to one vote, recommended that Special Conditional Use Permit Request #SCU94-
001 be denied. '
Respectfully Submitted,
A~a.2eD~
i:i? T. ~aters
Chairman, Planning and Zoning Commission
xc: Robert T. Herrera, City Manager
John Joerns, Assistant City Manager
John Armstrong, Assistant City Attorney
La Porte Planning and Zoning Commission
P.Q.BoxII15. La Porte, TexCls 77572-1115 · (713)471-5020
e
CITY OF LA PORTE
e
APPLICATION FOR
SPECIAL CONDITIONAL USE PERMIT
----------------------------------------------------------iJ----------
Application No.: Cjl!:fl- {;)O f
OFFICE USE ONLY: Fee: $100.00 Date Received:
Receipt No.:
Certified Plans Submitted:
(~ General Plan () Major Development Site Plan
( ) Minor Development Site Plan () Preliminary Plat
;~;~~~-~~~~~~-;~~~~~~~---~A-;;~/~--~;~;;~~------~;f~:;Zf~~-~~)l)
Ma-iling Address: ~tJ~5 l1,/k
City/State: .tJ~"" 4",,1::::, 7X 77.53~ Phone:
BUSINESS NAME: S J... C~f~/~ ~c.o.
PROPERTY ADDRESS:
LEGAL DESCRIPTION:
ZONE: 1<-) /rUD
/
TYPE OF BUSINESS:
&--~9-97'
Date
--r :::#' . / d b~1~
If' L.lZn~L-L.....8/1J""ib"'/ 1..-15 /$/1& 19: "Lt:>,)..7..f3o f't-/:&A.t-c
SIC USE CATEGORY: () A. '1
J. : J/ I.S*,c k.
,~~-
Olmer or Auth ~ized Agent
----------------------------------------------------------------------
OFFICE USE ONLY
Date of City Council Meeting:
Zone: P u D
5~.oll 5
I
Oct A-L/
Recommendation: Y
orG)
Date of P & Z Public Hearing:
Approved: Y or
N
This application is:
App roved ( )
Permit 1/
Denied ( )
CLP JOB 6
(If Assigned Yet)
Conditions:
Zoning Administrator
Date
CED/1-'87
Reauested For:
Requested By:
Zoning:
Purnose of Reauest:
, Background:
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Il'mY&t'4I'I.
An 87 acre tract out of tract #2 of the Enoch Brinson Survey
and Lots 13; 14; 19; 20; 29; 30; Nebraska Syndicate. This
property is further described as being located in the 700 and
800 blocks of North 13th Street and the 900 through 1400
blocks of Highway 146 North. (See Exhibit A)
Ms. Sherrie Langley and Mr. Harold Mathews, lessees, who are
acting on authority of Southern Pacific Transportation
Company, property owner.
Planned Unit Development with an underlying Industrial Land
Use Base.
Applicants are seeking a Special Conditional Use Permit for the
purpose of allowing them to fence the tract in question and use
it to pasture livestock.
Although it is not related to this request, there is an issue that
may be raised in public hearing. This issue is the possible
expansion of the Southern Pacific railyard facility. To avoid
possible misunderstandings, staff would like to make the
'following points:
Although the property in question is owned by
Southern Pacific, the company is not directly
involved in this request.
This request in no way deals with any expansion
or modification of the existing railyard facility.
The only issue at question is the use of the
subject tract as pasture for livestock.
Exhibit B illustrates zoning designations in the La
Porte Terrace/Southern Pacific Railyard vicinity.
Please note, the P.U.D. District that surrounds
the subdivision was created to provide the best
possible zoning management tool for protection
of the La Porte Terrace Subdivision.
Planning & Zoning Commission
Meeting of 9/29/94
SCU94-001
Page 20f 9
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· Southern Pacific has filed a "General Plan" with
the City of La Porte. This plan details the
company's development plans for its La Porte
property. The City, through the Planning and
Zoning Commission, has granted conditional
approval to this plan. As illustrated on Exhibit B,
industrial designations have been assigned to the
western portion of the company's property. Once
the conditions imposed by the City of La Porte
have been satisfied, the industrially zoned
portions of the tract may be developed in
accordance with the General Plan. No
development of any type can take place within
the boundaries of the P.U.D. zone unless it is
first approved by the City. The review japproval
process, as with this request, will take place in
public hearing and open public meetings
conducted by the Planning and Zoning
Commission and City Council.
As noted in the caption section of this report, the applicants
wish to fence and run livestock on the property in question.
Also, as noted, the tract in question is located in a P.U.D. zone.
The terms of Zoning Ordinance 1501 (Section 8-100) require
that a Special Conditional Use (S.C.U.) Permit be granted by
the City prior to any development or utilization of property
located in a P.U.D. zone.
In addition to specific requirements and guidelines established
by ordinance, there are several concerns peculiar to this tract
that must be considered. These are as follows:
Portions of the tract abut two faces of the La
Porte Terrace Subdivision. This potentially
places livestock in close proximity to several
homes.
· Based on current plans, the State Highway
Department proposes to acquire a strip of this
property to accommodate construction of the
Highway 146jHighway 225 interchange - Fred
Hartman Bridge approach.
Planning & Zoning Commission
Meeting of 9/29/94
SCU94-001
Page 3.of 9
Analysis:
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· Portions of this tract are crossed by dedicated
City rights-of-way.
· This property is crossed by an easement
containing a Harris County Flood Control
drainage channel. This channel is scheduled to
be widened as part of the F-I0l drainage
improvement program.
· H.L & P. facilities are located in the "H" Street
r-o-w which crosses this property.
Large property tracts in La Porte have historically been used to
pasture livestock. This practice is still common in certain areas
of the City. The City recognizes this as a valid property use
and, therefore, has not sought to eliminate the practice. The
City also recognizes, however, the conflict and problems that
can arise when agricultural activities are carried out in close
proximity to residential and commercial developments.
With these factors in mind, the City, through Zoning Ordinance
1501, established requirements for pasturing and housing
livestock. These requirements are based on sound property
management practices. They are also designed to provide
adequate buffering between agricultural and non-agricultural
property uses.
These rules are found in the Ordinance's accessory use section.
They were placed there simply because, within the City,
pasturing of livestock is most commonly done as an accessory
use on large lot residential homesites. However, since these
rules' will result in good property management, staff would
recommend that they be applied in conjunction with this
request. The requirements are as follows:
, Pasture fencing must be set back at least 25 feet
from any property line that does not abut pasture.
Livestock must be limited to a maximum
concentration of two animals per acre. Note:
This requirement is based on recommendations
and guidelines provided by the State's
Planning & Zoning Commission
Meeting of 9/29/94
SCU94-001
Page 4.of 9
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Agricultural Extension Service. However, the
State's recommendations assume healthy pasture.
As will be discussed in a subsequent portion of
this report, present property conditions may
warrant lower animal concentrations.
· Types of animals are limited to conventional
livestock (cattle, sheep, horses, etc.).
· Pasture area must be maintained in good
condition. It cannot be allowed to become a
public nuisance because of excessive weeds,
debris or unsanitary conditions. This is also
regulated by the City's public nuisance ordinance
(#1358).
Additionally, Ordinance Section 8-400 and 10-100 establish
regulations for P.D.D. developments. Staff has reviewed the
criteria established by these sections. Checklists detailing
P.D.D. requirements are attached to this report and identified
as Exhibits C and D. Most of these regulations are not
applicable to requests such as this one. There are, however,
certain requirements that must be observed. These are detailed
below.
, Protection of privacy and value of surrounding residential uses:
As illustrated in Exhibit 1\ portions of the subject tract abuts
North 14th Street and North "R" Street (Fair Lane) at the
perimeter of the La Porte Terrace Subdivision. There are also
homes located south of the Barbour's Cut Blvd. face of the
property. Each of these rights-of-way are 80 feet wide. By
imposing the 25 foot fencing setback, pasture area would be
held 105 feet from any residential property line. Staff would
recommend that as a permit condition, it be made the
responsibility of the applicants to mow and maintain the 25 foot
buffer (and abutting unpaved right-of-way) in a manner that is
compatible with a residential subdivision.
Water location is another factor to be considered. Rather than
dig a pond for water, the applicants intend to use City service.
The applicant, at the Commission's September 15 hearing,
stated that water is to be brought to the property from the
Planning & Zoning Commission
Meeting of 9/29/94
SCU94-001
Page 5'of 9
(
\.
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water main located in the 16th Street right-of-way. As animals
tend to congregate near water, the applicants should, as a
permit condition, be required to locate water troughs only along
the western face of the tract. Additionally, since water service
lines will cross property not covered by the applicant's lease, a
letter (or other instrument deemed acceptable by the City
Attorney's office) should be obtained from Southern Pacific.
The purpose of the letter would be to grant formal permission
for the service line(s) to be installed and maintained for the
duration of the applicant's lease.
Access onto public rights-of-way should not create congestion
and should be adequate for residents and the general public:
While this activity will generate a minimal level of traffic, the
movement of stock trailers and the loading and unloading of
animals could be disruptive to a neighborhood. Staff would
recommend that as a permit condition, no access be allowed on
the developed portions of the 13th and "H" Street rights-of-way
and that all gates be sited at least 100 feet away from
residential homesites. Driveways, complying with Zoning
Ordinance requirements, should be installed between developed
streets and any gates.
Another issue regarding access is the ability of H.L.& P. and
Harris County to access the property. A portion of the "H"
Street right-of-way is occupied by H.L.& P. "highline" towers.
These towers and lines must be periodically accessed for
inspection, maintenance, etc... H.L.& P. crews must be
guaranteed the ability to access the property on an as needed
basis. To prevent any access problems, the applicants should be
required to obtain a letter from H.L.& P. stating that access
arrangements are adequate and satisfactory.
Also to be considered is the Harris County drainage channel
that occupies the "L" Street right-of-way. The existing channel
is scheduled to be enlarged as part of the County's F-101
drainage improvement program.
At the County's request, the City has, by Council resolution,
restricted construction on land to be involved in the F-IOl
project. Exhibit A illustrates the area to be impacted by F-lOl.
This area must remain open and unimpeded. It cannot be
Planning & Zoning Commission
Meeting of 9/29/94
SCU94-001
Page 60f 9
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fenced and no new structures can be built within this area.
Right-of-way: The use of public rights-of-way must also be
considered. The 12th Street and "J" Street rights-of-way run
through this property. Portions, but not all of these rights-of-
way have been closed. As part of the Southern Pacific General
Plan review process, the City had agreed in principle, to close,
abandon, and deed to Southern Pacific, certain portions of the
remaining rights-of-way that cross this property, provided that,
in return, Southern Pacific deeded to the City, property needed
to facilitate F-101 and other street and drainage improvement
projects. As of this date, however, the streets have not yet been
closed and the City has not given consent for the rights-of-way
to be fenced or leased. Additionally, it should be noted that it
is the responsibility of Southern Pacific, the actual property
owner, to petition City Council regarding this issue.
Until such time that this issue is resolved, dedicated rights-of-
way that extend into this tract must remain open and
unobstructed. Further, in staffs opinion" any request by
Southern Pacific should be in the form of a detailed plan that
will preserve the City's control of these rights-of-way.
Highway 146 Widening: Another right-of-way issue is the
widening of Highway 146. The highway is to be widened
, slightly in the vicinity of the "L" Street right-of-way. This will
be done in conjunction with the final construction phases of the
Fred Hartman Bridge approacbjHwys. 146-225 interchange.
,The State Highway Department has provided right-of-way
acquisition plans to the City. Fencing along the Highway 146
face of the property should follow the lines established on the
right-of-way map. This will prevent the Highway Department
and the City of La Porte from having to pay to remove and
relocate fencing. Under State guidelines, 10% of this cost
would be borne by the City. It will also lessen the possibility of
accidental livestock release during road construction.
Livestock Concentrations: The next issue to consider is
livestock concentration. As noted earlier, both staff and the
applicant agree that because of the condition of this property,
it will not support a two animal per acre concentration. Based
on the applicant's testimony regarding the condition of this
Planning & Zoning Commission
Meeting of 9/29/94
SCU94-001
Page 70f 9
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pasture, staff would recommend granting a maximum
concentration of one animal for each one and three quarter
(1.75) acres. Animal concentrations could be increased after
property conditions are improved. This would be done by
means of a subsequent Special Conditional Use Permit. This
will be discussed in a following report section.
The applicant's lease is for an 87 acre tract. However, if the
recommended conditions are applied to this permit, this figure
will be somewhat reduced. Additionally, because of these
conditions, the tract will likely have to be fenced into two or
more separate pasture areas.
Maximum concentration should be based on actual area of each
fenced pasture. Additionally, animal concentrations should not
be exceeded within any individual pasture.
The applicant, in his testimony, indicated that it may be
necessary to erect windbreaks to provide protection from winter
weather. Staff would recommend that windbreaks be located
no closer than 1,000 feet from residential properties. Specific
location and means of construction would be subject to
approval by the Director of Planning.
Permit Duration: The final issue to consider is duration of
permit. . Staff would recommend limiting this initial permit to
a one year duration. At the end of the year the applicant
would apply for a new Special Conditional Use Permit. The
decision to grant or deny would be based on the initial year's
performance. As mentioned earlier, this would also provide a
means for' allowing increased animal concentration should
performance and property conditions warrant.
It should be noted that the applicant's lease is continuous but
subject to termination by either party after short term notice.
At such time as the lease is allowed to lapse or is terminated,
the Conditional Use Permit should be terminated and livestock
removed from the property.
Planning & Zoning Commission
Meeting of 9/29/94
SCU94-001
Page 8 of 9
Conclusion:
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In summary, staff feels the use of property as pasture can be
done in a way that will not be detrimental to the adjacent
neighborhood or, the City as a whole if adequate property
controls are instituted. Staff, therefore recommends granting
Special Conditional Use Permit #SCU94-001 subject to the
following conditions:
.. Fencing adjacent to Barbour's Cut Blvd., North
13th Street and North "R" Street (Fair Lane)
shall be setback at least 25 feet from property
lines.
· Fencing adjacent to Highway 146 shall be erected
along the proposed right-of-way lines established
by the State Highway Department.
There shall be no access from the developed
portions of the "R" Street and 13th Street rights-
of-way. Additionally, gates shall be located at
least 100 feet away from residential homesites.
Final locations shall be subject to approval by the
Director of Planning.
· Driveways, conforming to City requirements shall
be installed between gates and adjacent
developed roads. '
Water troughs shall be located as near as possible
to western property boundaries. Finallocations
shall be subject to approval by the Director of
Planning.
· Applicant shall secure written permission from
Southern Pacific allowing water service lines to
cross any property not covered by the applicant's
lease. Permission must remain in effect for
'duration of the applicant's lease. A copy of the
permission letter shall be submitted to the City
for attachment to the applicant's Conditional Use
Permit. F
Planning & Zoning Commission
Meeting of 9/29/94
SCU94-001
Page 9 of 9
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· The 25 foot buffer areas adjacent to Barbour's
Cut, 13th Street, "H" Street, and the adjacent
undeveloped right-of-way shall be maintained by
the applicant. They shall be mowed a minimum
of once each 30 days.
· Dedicated rights-of-way shall remain unfenced
and unobstructed.
Property designated for use in the F -101 drainage
project shall remain unfenced and unobstructed.
· Applicants shall, prior to erection of fencing,
submit to the Director of Planning, a letter from
Houston Lighting and Power Company stating
that arrangements for access to the property are
adequate and satisfactory. As an alternative, the
"H" Street right-of-way can remain unfenced and
uno bs tructed.
Animal concentration shall not exceed one (1)
animal per each 1.75 acres of pasture area. This
concentration limit shall apply to each separately
fenced pasture.
This permit shall be valid for a period of one (1)
year from date of Council approval. At the end
of this period, the applicant shall apply for a new
Special Conditional Use Permit.
At such time as the applicant's lease with
Southern Pacific is allowed to lapse, or is
terminated by either party, this Special
Conditional Use Permit will become void and all
livestock must be removed from this tract.
- ~~ .
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EXIIIBn'
SCU94-001
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CITY OF LA PORTE
Permit No. SCU94-001
SPECIAL CONDITIONAL USE PERMIT
ORDINANCE 1501
CLP Job No. N/A
This permit is issued to:
Sherrie Langley
Owner or Agent
4005 Polk. Deer Park. Texas 77536
Address
For Development of:
S.L. Cattle & Co.
Development Name
Not Applicable
Address
Legal Description:
Tr. #2 Enoch Brinson/ Lts. 13: 14: 19: 20: Nebraska
Syndicate.
Zoning:
Planned Unit Development (P.U.D.)
Permit Conditions
Failure to begin construction within one (1) year after issuance or as scheduled under the
terms of a special conditional use permit shall void the permit as approved, except upon an
extension of time granted after application to the Planning and Zoning Commission.
If construction is terminated after the completion of any stage and there is ample evidence
that further development is not contemplated the ordinance establishing such special
conditional use permit may be rescinded by the City Council, upon it's own motion or upon
the recommendation of the Planning and Zoning Commission of the City of La Porte, and
the previous zoning of the entire tract shall be in full effect on the portion which is
undeveloped.
Additional Conditions . See Exhibit ---A-
Validation Date:
10/24/94
Director of Planning
City Secretary
e
EXHIBIT "A"
e
· Fencing adjacent to Barbour's Cut Blvd., North 13th Street and North "H" Street
(Fair Lane) shall be setback at least 25 feet from property lines.
· Fencing adjacent to Highway 146 shall be erected along the proposed right-of-way
lines established by the State Highway Department.
· There shall be no access from the developed portions of the "H" Street and 13th
Street rights-of-way. Additionally, gates shall be located at least 100 feet away from
residential homesites. Final locations shall be subject to approval by the Director of
Planning.
· Driveways, conforming to City requirements shall be installed between gates and
adjacent developed roads.
· Water troughs shall be located as near as possible to western property boundaries.
Final locations shall be subject to approval by the Director of Planning.
· Applicant shall secure written permission from Southern Pacific allowing water
service lines to cross any property not covered by the applicant's lease. Permission
must remain in effect for duration of the applicant's lease. A copy of the permission
letter shall be submitted to the City for attachment to the applicant's Conditional
Use Permit.
· The 25 foot buffer areas adjacent to Barbour's Cut, 13th Street, "H" Street, and the
adjacent undeveloped right-of-way shall be maintained by the applicant. They shall
be mowed a minimum of once each 30 days.
· Dedicated rights-of-way shall remain unfenced and unobstructed.
· Property designated for use in the F-101 drainage project shall remain unfenced and
unobstructed.
· Applicants shall, prior to erection of fencing, submit to the Director of Planning, a
letter from Houston Lighting and Power Company stating that arrangements for
access to the property are adequate and satisfactory. As an alternative, the "H"
Street right-of-way can remain unfenced and unobstructed.
· Animal concentration shall not exceed one (1) animal per each 1.75 acres of pasture
area. This concentration limit shall apply to each separately fenced pasture.
· This permit shall be valid for a period of one (1) year from date of Council approval.
At the end of this period, the applicant shall apply for a new Special Conditional Use
Permit.
· At such time as the applicant's lease with Southern Pacific is allowed to lapse, or is
terminated by either party, this Special Conditional Use Permit will become void and
all livestock must be removed from this tract.
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PUBLIC NOTICE REPLIES
The following letters and public notice replies were received by
the city of La Porte on or before October 18, 1994. Any additional
replies that are received will be provided to City council at the
October 24, 1994 Public Hearing and Regular Meeting.
A &TING OF THE LA PORTE e
City Council
(Type of Meeting)
HAS BEEN SCHEDULED FOR
PLANNING
October 24. 1994
(Meeting Date)
SDecial Conditional Use Permit Reauest #SCU94-001
. (Type of Request)
I HAVE RECEIVED NOTICE OF THE ABOVE REFERENCED PUBLIC HEARING AND
I AM / IN FAVOR OF OR I AM IN OPPOSITION OF GRANTING
THIS REQUEST FOR THE FOLLOWING REASONS:
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NAt\1E (PLEASE PRINT)
rf /cX. ~l /3:a:L Sr-
HOME ADDRESS
A ~TING OF THE LA PORrn e
City Council
(Type of Meeting)
PLANNING
HAS BEEN SCHEDULED FOR
October 24. 1994
(Meeting Date)
Special Conditional Use Permit Reauest #SCU94-001
. (Type of Request)
I HAVE RECEIVED NOTICE OF THE ABOVE REFERENCED PUBLIC HEARING AND
I AM IN FAVOR OF OR I AM V IN OPPOSITION OF GRANTING
THIS REQUEST FOR THE FOLLOWING REASONS:
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SIG TURE
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NAME (PLEASE ~RINT)
/ / Lj /1) /3f/1 5--1
/J HOME ADDRESS
LC( W{1-/e ;:
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REQUEST FOR CITY COUNCIL AGENDA ITEM
=================================================================
Agenda Date Requested: October 24. 1994
Requested By: Charles Harrinqton~Department: Planninq
-L- Report
Exhibits: 1.
2.
Resolution
Ordinance
Applicant's submittal.
Staff Report.
-----------------------------------------------------------------
-----------------------------------------------------------------
SUMMARY & RECOMMENDATION
Summary: A Special Conditional Use Permit (#SCU94-002) is requested
for the purpose of allowing a Commercial Planned Unit Development
(P.U.D.) to be developed on an 11.79 acre tract located in the 800
block of McCabe Road. The proposed P.U.D. is to function as an
educational and training facility for industrial and municipal
emergency response personnel. This request, which seeks a
preliminary approval was considered by the Planning & Zoning
Commission at its September 29 Public Hearing and regular meeting.
The 'Commission by a five to two vote has recommended granting
preliminary approval to this request.
Subsequent to the September meeting, two members of the Commission
have requested a Motion to Reconsider the conditional use
application. Based on the motion, SCU94-002 has been placed on the
Commission's October 20, 1994, agenda.
The Commission I s options are to approve or deny the motion to
reconsider. If the motion is approved, the Commission will again
discuss the SCU request. After discussion, the Commission will
again call for a vote to recommend either approval or denial of the
request.
If the Motion to Reconsider is denied, there will be no further
discussion and the Commission's original recommendation will stand.
As noted above, the Commission meeting is scheduled for October 20.
This schedule makes it impossible to include the Commission's
recommendation in this paoket. A transmittal letter oontaining the
Commission's recommendation will be prepared and plaoed in Council
mailboxes on Friday, October 21.
Recommendation:
staff respectfully declines to make a recommendation until the
Planning and Zoning Commission has acted on its Motion to
Reconsider.
Aotion Required by Council:
1. Conduct Public Hearing
2. Consider granting or denying preliminary approval of Special
Conditional Use Permit Request SCU94-002.
================================================================
Availability of Funds: N/A
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
Funds Available:
Yes
No
~U~t~enda:
Robert T. Herrera
City Manager
\() ... \",-~~I{
Date
-----------------------------------------------------------------
-----------------------------------------------------------------
e
CITY OF LA PORTE
e
APPLICATION FOR
SPECIAL CONDITIONAL USE PERMIT
:~~:::-:::-::::~-----~::~--:~::~::-----~~~~i~~~~~~:~~:~--2ff~:~~~----
Receipt No.: ;}.gJ?J~
Certified Plans Submitted:
( ) General Plan () Major Development Site Plan
( ) Minor Development Site Plan () Preliminary Plat
----------------------------------------------------------------------
Person Making Request: B~AdLe..~ S (.()(YYlCl.{l)( / fL{.dall,.~d( l.t,'\..t".c.....
Mailing Address: t?O. i50x '/~l S"3 3
BUSINESS NAME:
J-Io<.Asro~, ~X 'Y1;2 '/5 Phone: '7(~/-r7J 8~6 0
,
I<esc~ e6I1C~TS -=tnC.
City/State:
LEGAL DESCRIPTION:
~L\b
ZONE:
(Vb (!o. k K-oo.. d.
II. 'lq Q(2~es fl'(")nl\~l q~(.,-f~~ Or') fl1dak r200..d
SIC USE CATEGORY:
t:Mef2.C\er"l(c/ ~.eSfOt1s;:e. ec1U.C_Cc-J.iOn ~c. }~~ t1Yld. {)!-CtU-
-<4i!L,~~~
O~ner or Authorized Agen~
PROPERTY ADDRESS:
TYPE OF BUSINESS:
~/(,IC(C(
I Dche
----------------------------------------------------------------------
OFFICE USE ONLY
Date of P & Z Public Hearing:
9/~q /qcf
L I
Recommendation: Y or N
Date of City Council Meeting:
Zone: p uIJ
Approved: Y or N
This application is:
Approved ( )
Permit /I
'Den ied (
CLP JOB I
(If Assigned Yet)
Conditions:
Zoning Administrator
Date
CED/l-'87
ReQuested For:
ReQuested Bv:
Zoning:
Purpose of ReQuest:
Backwound:
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':::':':':',:::',,'g'~:mn'l.;t!':"':Rg:gQ:~~;t!:::":,I.~~Q~,!!Q,Qg:::::':::::::::",:
An 11.79 acre tract out of the William P. Harris Survey,
Abstract 30, which is further described as being located in the
800 block of McCabe Road. (See Exhibit A)
Bradley Womack and Melanie K Liska of Rescue Concepts,
Inc. acting on authority of the Ruth E. McDain Est., property
owner.
Planned Unit Development(P.U.D.) with an underlying land use
designation of Low Density Residential. (See Exhibits A & B)
The applicants are proposing a Commercial P.U.D. to be
utilized as an emergency response education facility and
company office. '
Rescue Concepts is a company that specializes in training
"municipal and industrial response teams". Response teams are
the teams that are called on to assist in various types of
emergency situations; fire, weather, environmental, etc.
Instruction is to be provided through a combination of
classroom instruction and mock up demonstrations. Exhibit C
is the preliminary development site plan submitted by Rescue
Concepts. Exhibit D, which is attached and follows this report,
outlines the company's development plan.
As noted, the tract in question is zoned Planned Unit
Development with an underlying Residential Land Use
designation. Additionally, the proposed development itself is
referred to as a,Planned Unit Development. The zoning and
development designations are related as follows:
A Planned Unit Development zoning designation mandates a
specific review and approval process; review and public
hearing( s) performed by the Planning and Zoning Commission
followed by review and public hearing by City Council. This
process is designed and intended on one hand to provide
developers greater flexibility in design and use of a site. On the
other hand, it provides the City the ability to mandate design
criteria and property controls deemed necessary to adequately
protect surrounding properties.
Planning & Zoning Commission
Meeting of 9/29/94
SCU94-002
Page 2 of2
Analysis & Conclusion:
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The additional flexibility and design control provided by this
process is intended to result in developments that can
comfortably co-exist with and enhance surrounding properties.
This is why it can be possible for a commercial P.U.D. to be
placed in proximity to residential development without
conflicting with the Comprehensive Plan.
Plan Unit Development is also used as the term to describe any
development that undergoes the development described above.
Zoning Ordinance 1501 establishes a number of specific
development requirements and standards. Staff has reviewed
this request using these requirements as a guide. A checklist,
detailing ordinance requirements and staffs findings is attached
and follows this report. It is identified as Exhibit E.
Staff, based on the applicant's preliminary submittal, finds that
this development can be developed in accordance with the
requirements of the Zoning Ordinance and the goals. It should
be noted, however, that this is a first submittal> only and that the
Commission and in turn, City Council, will have to review
additional documentation. For this reason staff, at this time,
will not make a recommendation regarding this project.
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RESCUE
CONCEPTS
INC.
e
Rescue Concepts Inc.
Educational Center
Developmental Plan
Proposed Location: 11.74 acres on McCabe Road (South), approximately 1/4 mile
north on McCabe Road from Old Highway 146
General Concept:
This parcel of land will be developed in 6 stages over a period of 6 years. The
object of the Center is to provide a natural and aesthetically relaxing atmosphere
conducive to learning and educational growth. The Center will have six or more
projects with classrooms as well as an instructional theater and conference building.
When the Center's developmental plan is complete there will be 8 to 11 buildings on
site. At least six of these buildings will be classrooms estimated to be
approximately 400 square feet. The main building will house the administrative
staff and equipment sales. This center is being constructed to serve as the most
advanced training center for emergency response in the United States. The center
will serve as a training ground primarily for municipal and industrial response teams.
There will not be any projects which involve any type of burning. This is a clean air
project and will not affect the quality of air in the City of La Porte.
Overall Perimeter Phase:
The natural tree line will be initially thinned to clean out any dead trees and brush to
promote new growth. Within the fifty foot easement area, a fence will be erected
within 12 months of purchase of the property. The surrounding community and land
owners should be unable to view this due to the natural restoration of the forest
which currently surrounds the entire property. The fence will ensure that all visitors
to the site do not wander beyond the property and also to ensure the safety of other
landowners and their families. A berm will be raised along the property line
adjacent to the sub-division to create a natural sound barrier, this should ensure that
other landowners and their families are not disturbed and also provide a quieter
atmosphere for our students.
EXHIBIT D
P.O. Box 751533 . Houston, Texas . n27~ 1533 . (713) 475-8205 . Fax (713) 475-8504
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Phase~One:
Phase' One. will be the erection of the main administrative ,building andit's parking
lot at;l~7~~ include a.:fifty foot. ,~ea around the building. From ~cCabe Road
visitori>Will enter-at the soutli:"eastend of the property. The main' buildillg should
bareIy:be,:Visible.to,thecommunity. The'building'will be approximately: 15Q:feet off
the' inain'road~.. the. parking"lot ,will~ be, to, one side of the . building. , , The llarking lot
will,hold~a'minimum of 10 automobiles"and be approximately 50' x 60'. The
administrative building will be a two story building (at this time we are reviewing
plans to possibly construct a custom log building). Groundbreaking will commence
within four months of purchase of the property and completion of phase one will be
within 14, months of the purchase date.
. T "
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t"' .(.:' ...~t_':~""',':::it~:~~~~;7::'~:'~:.:~~"~':"~";;"~:":"""' '. ~": .:".":: " "... _ .:.<'_. '-.;; ',:>..~., ." ",' < '.
, ,"" """WitfiiTr12''1iiontl1s'ofthe completion ofthe-iiiain'bUilding, construction of a port ion ,
': "" ,~, o~$e~l~e>;\\'ill~ begin-:-; :Dirtfrom;,this'construction.~wilf be, used~to;raise::buildings and
.. <p~~J~~t~:~bove~~e:.flood'plan.::: Th!swill, also proyide_the necessary. dirt for the
'. 'constnlction, of the' berm., .
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Phase, Three:.
. . - . - -
. PhaSe cthiee 'wilLbegin witlllnJ2inonths,ofthe'completion of the main building and
. .', co~i?I~!e(rWit:hii:I one year: Phase three is, the construction of the tralliing tower,
'this:~:6e:the.tallest structUre at75 feet above.the flood plan. Th,e location of the
tower.willbe near'the center' of the property. This should reduce the visibility of the
tower by the community. It should be concealed by the natural heighth of the trees
located throughout the property. The trees'will best serve their two-fold purpose
here by obscuring any noise, giving shade and providing a more relaxing atmosphere
for students.
Phase Four:
Phase four will begin within 18 months of the completion of the main building and
completed within two years. These phases are the erection of 6 (approximately 400
square feet) classrooms with training projects next to them. Training projects are
mockups of different types of responses which a responder may come across. Each
project site will be approximately 1600 sq. ft.
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CITY OF LA PORTE
OFFICIAL ZONING MAP
LEGEND
MH MANUFACTURED HOUSING'
'R-I LOW DENSITY RESIDENTIAL
R-2 MEDIUM DENSITY RESIDENTIAL
R- 3 HIGH DENSITY RESIDENTIAL
NC NEIGHBORHOOD COMMERCIAL
GC GENERAL COMMERCIAL
BI BUSINESS INDUSTRIAL PARK
'"
.. LI LIGHT INDUSTRIAL
'..-.
HI HEAVY INDUSTRIAL
PUD PLANNED UNIT DEVELOPMENT
PUBLIC "'FAC1LLT1ES .,'
1 .......--
...0;--......:..."...... , I
;;',;. I; I~ ;\.~ R;~ I ~, t:: SCU94-002
EXHIBIT "A
~
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SCU94-002
EXHIBIT "B"
SHOREACRES
~"'\
.... \
. ..
\
' '''v ! MID TO HIGH
~.. I COMMERCIAL
~, :
:\., . I' COMMERCIAL
INDUSTRIAL
USES
PUBLIC USES
LOW DENSITY
NDUSTRIAL USES
USES
RESIDENTIAL USES
DENSITY RESIDENTIAL
USES
CONTROLLED ACCESS HWY.ZONE 500' ALONG
PARALLEL TO HIGHWAY RIGHT -OF- WAY
a
LEGEND
LAND USE PLAr~
CITY OF
LA
PORTE
SCU94-002
EXHIBIT nC
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.
Phase Five:,
Phase'Five'isthe completion stage for the lake area~ The lake area is.estimated to
take two years for comp~etion. When complete. this: phase wilt include the following:
a ~g:platform on the:,water, a variety, of differentprojects involving water
rescue~ and:landscaping~of the::sUITounding. shoreline.
Phase Six:
Construction on the conference and maintenance building will begin within five
years of purchase of property. This structure will provide conference rooms for a
variety of national seminars along with a maintenance shop and offices.
, ,Th~_'tYp'e:ofcpn~truction for allbuildings on the property.-will be the same. The
easemerif,area of the property ,will be left aSnatufal.as:possible, and.trees/brush will
....'.;..;,;..-'-::._J.,-~.~:~...c;.:l- ~ .-..", -., '. - < t. ." . ..' ',", '_:" :.';" ....--".. - _, ." .
be supplemented when natural growth will not suffice. , AIr n:i1proved property will
" be:ri1aiti~~~l;<?m a. regular'basis/ltis' our::intent:tO'-p~<?vid~;,the:~6ity. ofE;aJ?orte with,
a.trammgicenter;wiiich~will.~etle'ct' positively on :commUnityas :will.as:the city:
EXH1Bff D
e CHECKLIST e
REVIEW AND EVALUATION CRITERIA FOR PoiU.D. DISTRICfS
Project # SCU94-OO2
YES
N/A
(X )"
NO
1.
Adequate property control is proposed to
protect the individual owners; rights and
property values, and the public
responsibility for maintenance and upkeep.
( )
( )
2.
The interior circulation plan plus access
from and onto public right-of-ways does
not create congestion or dangers and is
adequate for the safety of the project
, residents and the general public.
(X )"
( )
( )
3.
A sufficient amount of useable open space
is provided.
(X)
( )
( )
4.
The arrangement of uses does not
unreasonably disturb the pnvacy or
property values of the surrounding
residential uses.
(X )"
( )
( )
5.
The preliminary drainage and utility system
plans are adequate based on a report from
the Director of Planning and the final
drainage and utility plans shall be subject
to his approval.
(X )"
( )
( )
6.
The development schedule insures a logical
development of the site which will protect
the public interest and conserve the land.
(X )"
( )
( )
7.
The development is in compliance with the
requirements of the La Porte Development
, Ordinance.
(X )"
( )
( )
8.
Dwelling unit requirements are in general
compliance with the applicable district
provisions.
(X)
( )
( )
9.
The provisions of Section 10-200,
Conditional Use procedures of this
Ordinance are considered satisfactorily
met.
(X )"
( )
( )
10.
The development is in conformance with
the Comprehensive Plan.
(X )"
( )
( )
COMMENTS: Note 1: Facility would be under single ownership with a single companv occupying and utilizing
the entire facility. Note 2: Based on preliminary information. plan appears to be adequate. Note 4: The
applicants propose a perimeter berm with trees. Based on available information. unable to determine whether
this will be adequate. Note 5: Based on preliminary information. plan appears to be adequate. Note 6:
Preliminarv information appears to comply with this requirement. Additional information required for formal
determination. Note 7: This is a preliminary submittal. Documents called for by the Development Ordinance
have not yet been prepared. Note 9: This is a preliminary submittal. Documents called for by Zoning
Ordinance. Section 10-200 have not vet been prepared. Note 10: Land use designation is Low Density
Residential.
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PUBLIC NOTICE REPLIES
The following letters and public notice replies were received by
the city of La Porte on or before October 18, 1994. Any additional
replies that are received will be provided to City Council at the
October 24, 1994 Public Hearing and Regular Meeting.
~
--
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-~ . '. .
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City of LaPorte
Norman Malone, Mayor
PO Box 1115
LaPorte, TX 77572
James &Frankie Livingston
815 Hackberry
LaPorte, Texas 77571
We are writing, urging you to reject the request for a Special Conditional Use Permit,
(Request #SCU 94-002)." The 11.79 acres in question should be consid~red for
'icsidcntial, 'singled\velling, purpos~s. ..1 fully u~~eist~d: 'iJle':illlp0~Cilicti qf cO;15ideriflg
business development in the cornm:unity, but considering the amount ofland under
consideration, it would seem to us, that this property could be developed for home-
owners, who would shop in the community, live in the community and support the ,.
community in many ways.
, ~' ,
This community is inundated,witp businesses - some very large, while others are not so
large. It is my understanding that it has been rather difficult to attract certain businesses
such as grocery stores, because of our population - or lack thereof Ifwe continue,
allowing industry to take over prime real-estate, LaPorte will soon have more businesses
than it does people.
What direction is LaPorte taking, one of allowing any and all industry to move into the
cominunity, or one of growing a community with people?
We simply request that you please consider the impact this will, have. For each choice we
make, there is 'a benefit as well as an associated cost. While the benefit, short-term, will
increase the tax base by the proposed new business, the long-term will be a. cost to
LaPorte because of the lack of homes this property could have developed.
, 1r'l(ir~ yutlluryulriJuri:Sl~~!ai.~0H,
..-."...,...~0"'L,.0..~'.-:'""--~:..:.. '~,:_~'-:-'. ;:.~~ .. ',": '.'-:.~_.~-.,-e:.:.::. .::~,:"",,::.-;-:-.',-:.~':';;::''':-::::''':::::-.:.:,,:':';.:::::'_ :...
Respectfully Submitted, ,
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3119 Silver Springs
La Porte, TX 77571
October 13, 1994
Mr. Norman Malone, Mayor
City of La Porte
PO Box 1115
La Porte, TX 77572
Dear Mr. Mayor:
As residents 0f Shady River fer 14 years, as .
citi.zensjvoters in the City af La PQrte, we are. vocally
quite concerned about the perlding c~ange of zoning along
McCabe Road adjacent to Shady River.
We OppOSe the pending change to commercial usage
proposed by the Planning and Zoning Commission.
Our opposition is founded upon the understanding that
Shady River residents had, that the McCabe Road property
west of old Hwy. 146 is zoned PUD with an R1 designation, at
the time we voted to become a part of the City of La Porte.
It would appear that the type of training facility
planned for the McCabe area would be mare appropriate on the
land now used by the Public Works Department.
Mr. Mayor, we have enough, less tha~ d8sirable,
cowmercial development around Shady River. It would seem
that the city would want to protect and expand on the Shady
River area, net destroy home values and the tax base.
We hope that sanity and good sense will prevail and the
pun with an R1 designation will remain assigned to the
McCabe Road project.
cc: Jerry Clarke
District 6
JEE/ms'
~EETING .OF THE LA PORTE It
CITY COUNCIL
HAS BEEN SCHEDULED FOR 6:00 P.M., OCTOBER 24, 1994
TO CONSIDER A RECOMMENDATION BY THE PLANNING AND ZONING COMMISSION
TO APPROVE SPECIAL CONDITIONAL USE PERMIT tJSCU94 -0 0 2 FOR AN 11. 79
ACRE EMERGENCY RESPONSE TRAINING FACILITY ON McCABE ROAD.
TO THE MAYOR AND MEMBERS OF THE CITY COUNCIL:
I am in opposition to approving this recommendation for these reasons:
(1) The Shady River subdivision, in fact, all of Bay Mud , chose to join La Porte on the basis
of remaining zoned residential except for an area of small neighborhood stores on
South Broadway. The establishment of a commercial development on the south side
of McCabe Road violates the zoning expected and then approved at the time of annexation.
(2) The majority of residents in .Shady River have a sizeable investment in their homes.
This investment will be considerably reduced in the event of need to sell by
the presence of a commerical enterprise looming on the nortlL
(3) In the recent past we believe all of La Porte has been pleased by the new
residential construction taking place in Shady River. It is the feeling that
more home seekers are finding La Porte, and in particular, Shady River,
attractive. At one time such searchers, to avoid the very action you are
considering, would have stayed closer to the Clear Lake residential
areas. If this breach of zoning were to be approved, such interest in La Porte
and its desirable residential areas might well be influenced by fear of
lack of secure zoning regulations enforced by the City of La Porte.
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TO CONSIDER A RECOMMENDATION BY THE PLANNING AND ZONING COMMISSIQN ,'?>.,j,/
TO APPROVE SPECIAL CONDITIONAL USE PERMIT flSCU94-002 FOR AN 11. 79 '-__".......J
ACRE EMERGENCY RESPONSE TRAINING FACILITY ON McCABE ROAD. -,
A ~TING OF THE LA PORTE
e
CITY COUNCIL
TO THE MAYOR AND MEMBERS OF THE CITY COUNCIL:
I am in opposition to approving this recommendation for these reasons:
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A I:TING OF THE LA PORTE. /~;;;) .
CITY COUNCIL /,/ '''~'''':~:::;:>;'~~
HAS BEEN SCHEDULED FOR 6: 0 0 P. M .. OCTOBER 24 J 1 f!.~~'0:Cl./. C"~'" .) 0'>1
"',<~>~;~~," ~ /:-~1 "./
TO CONSIDER A RECOMMENDATION BY THE PLANNING AND ZONING COMMISSION". "
TO APPROVE SPECIAL CONDITIONAL USE PERMIT #SCU94-002 FOR AN 11 79"'" ",,' ..//
ACRE EMERGENCY RESPONSE TRAINING FACILITY ON McCABE ROAD. . "''..<-':::../
,
TO THE MAYOR AND MEMBERS OF THE CITY COUNCIL:
I am in opposition to approving this recommendation for these reasons:
1. This property was designated for residential development and not
for the ,intention of heavy commercial development.
2. Property values for this area would decrease dramatically.
,3. This proposed facility should not be located next to a residential
area.
4. Legal action could result from the decision made by the deciding
party to go ahead with this development.
'5. Put the shoe on the other foot and decide if this facility were
going to be built near you or your property.
6. This area is one of the last nice wooded areas in the La Porte area
where residential development should be encouraged.
711 ' / .
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TO CONSIDER A RECOMMENDATION BY THE PLANNING AND ZONING COMMISS.ION'>", /.::
.... ....... ...,. -. ~ .
TO APPROVE SPECIAL CONDITIONAL USE PERMIT flSCUg 4 -0 0 2 FOR AN 11. 7 g--,- .....'::'''/. "
.... "','-
ACRE EMERGENCY RESPONSE TRAINING FACILITY ON McCABE ROAD. -'- -
A ~TING OF THE LA PORTE
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CITY COUNCIL
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TO THE MAYOR AND MEMBERS OF THE CITY COUNCIL:
I am in opposition to approving this recommendation for these reasons:
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WortL Tx /1071
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HAS BEEN SCHEDULED FOR 6: 00 P. M., OCTOBER 24, 199 4 ~'''''''''''' ~:,~i. '. 'J>;: ~f/
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TO CONSIDER A RECOMMENDATION BY THE PLANNING AND ZONING COMMISSI~N'~,~t~j
TO APPROVE SPECIAL CONDITIONAL USE PERMIT fJSCU94-002 FOR AN 11.79 ......'...
ACRE EMERGENCY RESPONSE TRAINING FACILITY ON McCABE ROAD.
.
e
A MEETING OF THE LA PORTE
CITY COUNCIL
TO THE MAYOR AND MEMBERS OF THE CITY COUNCIL:
I am in opposition to approving this recommendation for these reasons:
st -+ts [loiJ)fflePl;//l-1-- fH0t'C+ ;5 c;//:n<.J(Jd fi'
, pal- //f./,9&e-e/ ;'f 0;(( I/'-u/IJ our<. iJalu""s ;',u oaf 1.
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A MEETING OF THE LA PORTE
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II~ OCT 1: TEo:. :,'~
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CITY COUNCIL
HAS BEEN SCHEDULED FOR 6:00 P.M., OCTOBER 24,
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TO CONSIDER A RECOMMENDATION BY THE PLANNING AND ZONING COMMIssibN~~~~~__
TO APPROVE SPECIAL CONDITIONAL USE PERMIT fJSCU94-002 FOR AN 11.79
ACRE EMERGENCY RESPONSE TRAINING FACILITY ON McCABE ROAD.
TO THE MAYOR AND MEMBERS OF THE CITY COUNCIL:
I am in opposition to approving this recommendation for these reasons:
/C\/ (/J~ ~ ~k/kI)/ I~M.?~~~ IJ ~ ~n/
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HAS BEEN SCHEDULED FOR 6:00 P.M., OCTOBER 24, 1994
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TO CONSIDER A RECOMMENDATION BY THE PLANNING AND ZONING COMMISSION
TO APPROVE SPECIAL CONDITIONAL USE PERMIT fJSCU94-002 FOR AN 11.79
ACRE EMERGENCY RESPONSE TRAINING FACILITY ON McCABE ROAD.
'.
TO THE MAYOR AND MEMBERS OF THE CITY COUNCIL:
I am in opposition to approving this recommendation for these reasons:
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Home address
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Lq Perk
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CARLSBERG
MANAGEMENT COMPANY
e
CORPORATE OFFICE
2800 TWENTY-EIGHTH STREET, SUITE 222
SANTA MONICA, CALIFORNIA 90405
POST OFFICE BOX 4060
SANTA MONICA, CALIFORNIA 90411-4060
310450-9696 FAX: 310 399-5633
R~S~~Y~9/
~
PLANNING
October 14, 1994
City of La Porte
Planning Department
P.O. Box 1115
La Porte, TX 77572-1115
Re: Special Conditional Use Permit #SCU94-002
and Its Effect on Forestview Mobile Home Park
Gentlemen:
The undersigned as Agent for owner requests that you deny the above captioned
Conditional Use Permit. Its very concept is contrary to residential development. Forestview
Mobile Home Park has approximately 400 residents whose daily lives would be severely
impacted by increased traffic, unwanted noise and a facility that does not belong in a
residential area. Because such a facility would seriously restrict our residents "quiet
enjoyment of their homes", we again respectfully request you deny the Permit.
Sincerely,
CARLSBERG MANAGEMENT COMPANY
/15 '. (/ /7
01,,~/l:-<L-/-IJ-~"
Thomas H. Sahm
Vice President
THS/sys
cc: Charles Perkins
Linda Garrett
permit
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CITY COUNCIL "'::(~'.' ~ / -l" . _ '. ': ~
HAS BEEN SCHEDULED FOR 6: 00 P . M .. OCTOBER 24 I 1 9 g'4_-:~~::>i;';~::, /1
TO CONSIDER A RECOMMENDATION BY THE PLANNING AND ZONING COMMISS~~,NVZ~I
TO APPROVE SPECIAL CONDITIONAL USE PERMIT flSCU94-002 FOR AN 11.79 ""
ACRE EMERGENCY RESPONSE TRAINING FACILITY ON McCABE ROAD. '.
JltEETING OF THE LA PORTE
e
TO THE MAYOR AND MEMBERS OF THE CITY COUNCIL:
I am in opposition to approving this recommendation for these reasons:.
I ) 7l~;; 11 t:: I <; T:,-d"t ') -/,~ PI" U r1Vw '" ._ cd
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Home address
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A 4teETING OF THE LA PORTE e ,~~~~.?/~';.'.-,<'<:'~"!~,>
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CITY COUNCIL "~ " ',,' "'"
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HAS BEEN SCHEDULED FOR 6: 00 P.M., OCTOBER 24, 1994 ", <--:\. <.:;>,,' ','.<:'..:"
'.'"v"'i~:.\ ~';!"" ," ,,/
TO CONSIDER A RECOMMENDATION BY THE PLANNING AND ZONING COMMISsi"w <~'\.,':~-//
TO APPROVE SPECIAL CONDITIONAL USE PERMIT t!SCU9 4 -0 0 2 FOR AN 11. 79 "" "~",,<-,,
, .........
ACRE EMERGENCY RESPONSE TRAINING FACILITY ON McCABE ROAD. ~
TO THE MAYOR AND MEMBERS OF THE CITY COUNCIL:
I am in opposition to approving this recommendation for these reasons:
o \~~s. \u..X\cl ~o..s. 2...\)'nal ~ \}\)~('\\-\-. Q'v\ u\...kv- \~\'.,\~ 'R \ \~,,~ \\S<.
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SHADY RIVER CIVIC ASSOCIATION
P.o. BOX 662
LA PORTE, TEXAS 77572-0662
e
O::tober 6, 1994
Dear fellow Shady River resident,
By now you are probably aware that on September 29, the Planning and Zoning cpm-
mission (P&Z) recorcrnended that a proposal for a nearly 12 acre comnercial developnent,
a training facility' for rmmicipal and industrial emergency response teams, on McCabe
Road be sutmitted to the City Cbnncil for approval. '!his area is behind and adjacent
to the property of the first 12 homes on Hackberry, starting at the park and going
. west. This property is Shady River's "side yard" and is ideal for residential devel-
opment. In my judgement, this rorcrnercial development would serve only to affect our
property valus adversely, and La Porte would be best served by leaving this land for
residential use. The land comprises about 50% of all the land on McCabe adjacent to
Shady River.
This land is zoned POD (Planned Unit Development) with an underlying R1 (laY density,
single family dwellings) land use designation. If this canmercial developnent is ap-
proved, it would mean fonner BayMUD residents were misled, maybe inadvertently, but
nonetheless misled during the zoning proceedings that took place after BayMUD was
annexed by La Porte on December 31, 1988. '!he history of these proceedings is relevant
to this issue and is as follaYs:
-Following annexation, a top priority of the City was to zone the fonner BayMUD.
They issued a preliminary proposal, with which we had two primary' concerns -- the
area to the west was proposed to be PUD with an underlying R1, and the area to the
north was proposed to be R2, medium density, single and multi-family dwellings.
, As President of the Civic Association, I wrote a letter to the Mayor and City Coun-
cil members with a ropy to P&Z expressing: these concerns. See Exhibit A.
- Subsequently, the concern I had with the west area was allayed when I understocd
the then O1airperson of P&Z explain that a PUn with an nnderlying R1 was effective-
ly an R1 designation. The only difference being that the POD gave a developer the
lati tude to include, for example, a few neighborhood oriented conmercial faciili ties,
as long as the developnent was a an integrated, residential "planned tmit" devel-
opnent whose architecture blended in a way that the "unit" was aesthetically
pleasing.
-NaY came the public hearing at which several members of Shady River spoke. See
Exhibit B which is a copy of the notes I used for my talk before the P&Z. tbte I
started by saying the PUD designation for the west area was no longer a concern
as it had been explained a POD with an underlying Rl was in effect an Rl desig-
nation. If this statement was t::.L.Lot~, no ale <Xl City. staff. or P&Z nade any
effort to correct IDe.
-In any event, 'we still requested an R1 for the north area. After deliberation,
P&Z reccmnended a PUD with an underlying R1. We had no objections for the r.eas.ons
noted above. '!'he tenor of the discussion supported that a PUD with an underlying
R1 was in effect an R1 to the extent that the Bayshore SUn reported: "Several
Shady River residents asked for an R1 zaung ........ and the P&Z ay.L~ unani-
DDUSl.y". See EXhibit C.
e
e
-2-
-Seeming to confinn all this were the zoning guidelines published by the City to
former BayMUD residents -- Exhibit D. Note the second last sentence states for
a PUD developnent to get approval it ''must be <XIDpatible with the underlying
land use designation of the l-'L~Ly en whid1 it is to be located".
-Because we thought we got the desired result fran P&Z, no one from Shady River
sFOke at the subsequent public hearing by the City Council, although several of
us were present ~
I am not for a rroment suggesting the City deliberately deceived us to further s~e
hidden agenda, but I believe it can be argued they should have been more aggress1ve
to ensure we knew what we were getting, assuming the proposed canmercial developrrent
does in fact fall within the parameters for a PUD with an underlying R1.
Now we are faced with the FOtential of having a 1 2 acre corrmercial development built
in an area we had every reason to believe was to be restricted to essentially single
family housing.
HERE IS WHAT YOO' CAN 00. IF YOO' Of'.I:O:it; 'mIS JJE.VEIDPMENr, I URGE YOJ 'lU ~~ YCUR
<IH:rnNS 'ID CUR :E.:I:.&.:nv REPRESENrATIVES IN ANY CR ALL OF '!HE ~' ~.
-Fill out the enclosed form, being sure to list yotrr.reasons for objecting and
mail: it to the City Council in the enclosed, addressed envelope.
-Sign the petition which is currently circulating. You should have alreaddy been
or will be contacted shortly. If you feel you may have been missed, call Al
Stock (471-3139) or me (471-0796)
-call or write members of the Ci ty Council on an iridividual basis. . Mail can be
addressed to City of LaPorte, P.O. Box 1115, La Porte 77572.Their names and
telephone numbers are:
Nannan Malone, Mayor
Guy SUtherland, District
Mike Cooper, District 2
Bob Thrower, District 3
DeOtis Gay, District 4
471-1661.
1 471-1244
470-0738
471-0680
471-3259
Jack Maxwell, District 5
Jerry Clarke, District 6
Alton Porter, At-large
Bob McLaughlin, At-large
471-2933
471-2183 *
471-5358
471-0657
,*a.rr District
-Appear at the public hearing and consider speaking. Even if you prefer not to
Speak, your preSP..I1ce is important.
The public hearing by the City Council is at City Hall on
October 24, 6:00 P.M..
'!hank you for your, consideration of this important issue.
cc: The Mayor
Members of Ci ty Council
.
.
9U7 Hilckbcrry Avel1ue
L~ Porte, Te~as 77571
April 22, 1989
EHXIBIT A
The Mayor ~nd Members of City Council
City of Ln Porte
P.O. Dox 1 11 5
La Porte, Texas 77572-1115
Bay~'1UD Zoninq
On April 13, I vlrote you a letter requesting that former
BayMUD be classified as R1 Low Density Residential. Since
then, I attended both workshops held by the Planning and
Zoning Commission and conducted a meeting of the Shady
River Civic Association, at which the subject of zoning
was discussed. In the interest of preserving and improv-
ing property values, I once again request that the for-
mer BayMUD area be classified as R1, recognizing that
some Neighborhood Commercial (N.C.) is desirable. Specific
comments are:
e The area to the west of Shady River is now planned
to be Planned Unit Development (P.U.D.). The fear
of the unknown plays a part here. Not having exper-
ience with P.U.D., we must stick with our request
for R1. The Zoning Classi.fication Explanations
sheet states that "a proposed P.U.D. must be com-
pat~ble with the underlying land use designation
. ....11 Perhaps, if the zoning maps or papers were
specfic that the underlying use for this land was
in fact R1, our fears would be allayed.
· The area north of Shady River is planned to be R2.
This is choice 'wooded area that butts directly
agains t Shady River, and R 1 would seem to be the
ideal classification for future development.
· When one enters the former BayMUD area, he encoun-
ters a maze of visual delights, such as a few beer
joints, a delapitated, former roller rink, an
abandoned gas station and the like--- not much of
an impression for a prospective home buyer who
would like to live in La Porte. Again in the in-
terest of preserving and improving property values,
we request that both sides of old 146 be classified
Rl. Some N.C. is desirable- the area on the east
side of 146 now proposed as N.C. would seem suf-
ficient.
Sincer/! y~~
James R. #,l:r
President, Shady River
Civic Association
cc Planning and Zoning Commission
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EXHIBIT B
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I
VOLUME 46, NO. 35
SUNDAY, APRIL 30, 1989
10 Pages 2!
BayMUD Zoning
Gets Approval
. .--...,
I
.'.C'
'.101
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. ~ r'.::
Bayshore Sun indicateS, the area will dential housing in the area, narrovr.-
be zoned mostly R-l, which is,low streets and the lack of access for...:
density residential. There will also more traffic as reasons to go with .-
Proving that attendance and parti- be a pair ofPUD (planned unit deve- R-1 residential.rather than the PUD. .
cipation at local governmental meet-: lopment) areas around Shady River The Planning & Zoning Commis-l~
ings can make a difIeren~, a pacKed . subdivision, and a couple of neigh- sion agreed unanimously. .
~ crowd at I,.(Po~ ,CitY Hall Thurs- borhood cominercWl zones along Also, on the north side of Sluldy
day nig.ht.flfSt heard several sugges- Highway 146. ' River, plans c3ued for an 'R~
tiorlt.;',)o the Planning & Zoning The changes came in two areas: in medium-density zoning for suCh"
Commission about changes m the the lower portion of BayMUD, in things as 'townhomes. Several ShadY".
proPti~4~.zoning, of the newly- . that portion of th~ city that is separ- Riv~r residents asked' for ~ ~j! '..
annexed B~yshore.~unicipal Utility ated from the rest of La Porte by zonmg of that area to blend m Willi .
District area, then saw-~G~mmis.:, Shoreacres, the original plan called the current Shady River res}d~rit!!l. ,
sian vote to make two of the'major for a PUD in the middle of the area. area, and the P &Z agreeCl,.
changes. requested. But many residents cited such things I' unanimously. ,,' - .', ' "~~.:
As the map on Page 2 of today's as low sea level; low-density resi- There. ,were, also concerns;
., . expressed from owners of smaIl ';
mobile home parks in the area who..'
did not like the R-l zoning there, and' .'
frOM owners of commercial build-;\
ings near the end of Old Highway'.'.;'
146 who were equally concernM:'.
about the R-l zoning. But P&Z,let....
: those plan!"starrd:~:~: .....;
. The vOte"o! the P&'Z:~~'
. .. ..-----" --...
mollS, but none of the zoom
sions will be official untir- - -,
ered at a . later ~te b)' city co~~
Under city ordinanc~, the e~
Bay-MUD area is ri<?\Y tem~
~-l~dentialuntilpenn~en~.~~
109 plans are made, which must: '
~one- ~ithin..~I~."O~.<!!y~ ~~" .
annexation. .' ., - ...._ .
~I . The area was annd'id'~n" ,
ber 31, 1988.
JOHN BLACK
Editor/Publisher
f
.1
e
EXHIBIT D
Zoning Classifications
Page 2
provided with at least two off street parking spaces, designed to
the same specifications required for single family dwellings.
The "R-3" district is the highest density residential district.
Its principal purpose is to provide a wide variety of dwelling
types including single family dwellings, multiple family
dwellings, garden apartments, condominiums and townhouses. It
provides the religious, recreational and educational uses normally
associated with residential areas.
The purpose of the "NC" Neighborhood Commercial District is to
provide for the establishment of local cent~rs for convenient 7
limited office retail or service outlines which deal directly with
the customer for whom the goods or services are furnished. These
centers are to provide services and goods only for the surrounding
neighborhoods and are not intended to draw customers from the
entire community.
The purpose of the Planned Unit Development District is to provide
for the grouping of land parcels for development as an integrated
coordinated unit as opposed to traditional parcsl by parcel,
piecemeal, sporadic and unplanned approach to deve'lopment. This
section is intended to introduce flexibility of site design and
architecture for the conservation of land and open space through
c 1 u s t e ring 0 f b u i I din g san d act i v i tie s t h r 0 ugh con d it ion a 1 use
provision. It is further intended that Planned Unit Developments
are to be characterized by central management, integrated planning
and archi tee ture, joint or common use of parking, ma intenance of
open space and other similar facillities, and a harmonious
selection and efficient distribution of uses.
All Planned Unit Developments require Special Conditional Use
(S.C.U.) Permits. While a rezoning is not required in order fo
obtain as. C. U., the S. C. U. and rezon ing approval process are
procedurally identical. This involves public hearings before the
Plann ing & Zon ing Commi ss ion and City Counc il. All owne rs of
property located within 200 ft of the tract in question are
notified of these hearings and have the right to speak either for
or against approval. Once the public hearing requirements are
satisfied, City Council will t~ke formal action to approve or deny
a S.C.U. permit and has the right to attach specific development
conditions which it may deem as necessary to protect surrounding
property. P. U. D. 's may be located in any zoning district except
R-1. To be de red for approval a ro ose P. U. D. must be
compa.ti e with the un er n land use designation of 'e
proper W 1S 0 be oca e. A trac 0 proper y must
con ain least 5 acres to e conS1 ered for P.U.D. development.
- '\ '
A~ETING OF THE LA PORTE ~
CITY COUNCIL
HAS BEEN SCHEDULED FOR 6:00 P.M., OCTOBER 24, 1994
TO CONSIDER A RECOMMENDATION BY THE PLANNING AND ZONING COMMISSION
TO APPROVE SPECIAL CONDITIONAL USE PERMIT flsCU94-002 FOR AN 11.79
ACRE EMERGENCY RESPONSE TRAINING FACILITY ON McCABE ROAD.
TO THE MAYOR AND MEMBERS OF THE CITY COUNCIL:
I am in opposition to approving this recommendation for these reasons:
Signature
Name (please print)
Home address
A &TING OF THE LA PORne
City Council
(Type of Meeting)
HAS BEEN SCHEDULED FOR
PLANNING
Octo ber 24. 1994
(Meeting Date)
Special Conditional Use Permit Reauest #SCU94-002
, (Type of Request)
I HAVE RECEIVED NOTICE OF THE ABOVE REFERENCED PUBLIC HEARING AND
I AM IN FAVOR OF OR I AM ~ IN OPPOSITION OF GRANTING
THIS 'REQUEST FOR THE FOLLOWING REASONS:
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ex; a (j !J-t.:(i , ~"c: - 7 P- '71'
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A dIETING OF THE LA'PORT4
City Council
(Type of Meeting)
HAS BEEN SCHEDULED FOR
October 24. 1994
(Meeting Date)
Special Conditional Use Pennit Reauest #SCU94-002
(Type of Request)
I HAVE RECEIVED NOTICE OF THE ABOVE REFERENCED PUBLIC HEARING AND
/< IN OPPOSITION OF GRANTING
lAM
IN' FAVOR OF OR I AM
THIS 'REQUEST FOR THE FOLLOWING REASONS:
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SIGNATURE
C'. LeL.Jl-S hl.~
NA1\1~ (PLEASE PRiNT)
g-J% /!/AUci5U/f)/
HOME ADDRESS
/JJ /()~ r~ / '~/{aJ' 77-/C-i /
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A &TING OF THE LA PORne
City Council
(Type of Meeting)
~~9~'''Ep
~
PLANNING
HAS BEEN SCHEDULED FOR
October 24. 1994
(Meeting Date)
Special Conditional Use Pennit Request #SCU94-002
. (Type of Request)
I HAVE RECEIVED NOTICE OF TIIE ABOVE REFERENCED PUBLIC HEARING AND
lAM
IN FAVOR OF OR I AM xx
IN OPPOSITION OF GRANTING
TIIIS'REQUEST FOR THE FOLLOWING REASONS:
RESPONSE LETTER ATTACHED
CHARLES A. PERKINS
JOAN S. PERKINS
NAME (PLEASE PRI~'T)
5 Buggy Whip Road, Rolling Hills, Ca. 90274
HOME ADDRESS
r.....
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LA PORTE CITY COUNCIL
RE: SPECIAL CONDITIONAL USE PERMIT REQUEST #SCU94-002
As the owners of Forest View Mobil Home Community and
significant tax payer, we are opposed to this development
because it is incompatible with the residential area and
the rural and peaceful setting subscribed to by our
residents. By the nature of this business, people in
training can also be disruptive to the community in off
hours due to their temporary separation of responsibility
from family, home and job.
All of these factors can have a negative effect tb values of
surrounding properties and to the economics of businesses
in La Porte. We strongly urge the council members to
consider these factors and deny this permit request.
It appears to us this business activity should be located
ln an area more suitably zoned for it.
PE~2
~
5 Buggy Whip Road
Rolling Hills, Ca. 90274
(310) 541-3078
October 14, 1994
e
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.
.QUEST FOR CITY COUNCIL AGENDA l,e
Agenda Date Requested: October 24, 1994
Requested By:
Charles Harrington
(1L#
Department: Planning
Report
Resolution
x
Ordinance
Exhibits:
1. Letter trom Texas Department ot Transportation
2. Statutory Requirements
3. Agreement to Contribute Funds
4. Ordinance
SUMMARY & RECOMMENDATION
Background
As Council recalls, the Texas Department ot Transportation (TX DoT) is in the process ot
reconstructing SH 146 trom the SH 225 interchange to Fairmont Parkway. This project,
which will include a new overpass at Barbour's Cut Blvd., is scheduled to begin in the tall
ot 1995.
As a part ot this project, it will be necessary tor TX DoT to acquire additional right-of-way
at numerous points along the project. Under TX DoT statutory authorizations, the City
ot La Porte is required to participate in right-ot-way acquisition in the amount ot 10% ot
the right-ot-way costs. On this project, it is estimated that right-ot-way acquisition will run
$2,924,500. The City's share will be $292,450,
As you recall, during the budget process, we did not have tirm tigures on the right-ot-way
expenses and we only set aside $180,000 during FY 1995 tor this project. As a result,
TX DoT has agreed to accept that amount ot tunding tor FY 1995 with the remainder to
come trom FY 1996 tunding and they have torwarded an agreement with that language.
Recommendation
The staff recommends that the City Council authorize the City Manager to execute an
agreement with the Texas Department ot Transportation in the amount ot $292,450 tor
right-ot-way acquisition. Further authorizing payment ot $180,000 in FY 1995 and
payment ot $112,450 in FY 1996.
Action Required by Council:
Approve an ordinance authorizing the City Manager to execute an agreement with the
Texas Department ot Transportation in the amount ot $292,450 tor right-ot-way
acquisition. Further authorizing payment ot $180,000 in FY 1995 and payment ot
$112,450 in FY 1996.
Availability of Funds:
General Fund
-.2L Capital Improvement
Other
VVaterjVVastewater
General Reveriue Sharing
Account Number:
015-710,410-100
Funds Available: -L YES --=--NO
A9proved for City Council Agenda
~~
Robert. tera
City Ma a er
101M /;'{
'I t
DATE
. e
i~
I Texas Department of Transportation
P.O. BOX 1386. HOUSTON, TEXAS 77251-1386. (713) 869-4571
October 3, 1994
Harris County
Control 389-12
SH 146: From South of Spencer/W Main
To South of SH 225
FSW
Mr. Charles R. Harrington
City of La Porte
P. O. Box 1115
La Porte, Texas 77572-1115
RECEIj,ED
JD/5, CJf
PLANNING
Dear Mr. Harrington:
In connection with your letter dated September 27,1994, enclosed please find the
second amended agreement covering the above referenced project. We concur with
your request to amend the agreement to $180,000 as the partial contribution and
one incremental payment of $112,450 due on or before October 1, 1995. This
agreement supersedes the agreement previously submitted by letter dated September
14, 1994.
Should additional information be required, please advise Ms. Brenda McKinney at
(713) 802-5727.
/J:::;;If\+l~
/ ..i-/Frances S. Willison, P.E.
~ ~~/ Director of District Right of Way
Houston District
Ibm
Attachments
An Equal Opportunirv Emplover
e
e
AGREEMENT TO CONTRIBUTE FUNDS
(CITY FORM)
STATE OF TEXAS
COUNTY HARRIS
PROJECT
HIGHWAY SH 146
<X>UNrY OF TRAVIS
This agreement by and between the State of Texas, acting by and through the
Texas Department of Transportation, hereinafter called the State, and
City of La Porte ' , Texas, acting by and through its duly
authorized officials under Ordinance dated the day of
, 19 94 , hereinafter called the City, shall be effective on
the date of approval and execution by and on behalf of the State.
WHEREAS, the State had requested the City to enter into contractual agreements
and acquire right of way on the following projects:
Highway
Account No.
Limits
SH 146
From South of Spencer /W Main
To South of SH 225
and
WHEREAS, the City has now requested that the State assume responsibility for
acquisition of all necessary right of way; and,
WHEREAS, the City desires to voluntarily contribute to the" State funds, equal to
ten percent (10%)' of the cost of the right of way, for the proper development
and construction of the State Highway System; and
WHEREAS, the City has contributed $40,050 to the State as partial
contribution of funds for acquisition of right of way; and
WHEREAS, the City wishes to contribute the remaining portion of the ten percent
(10%) 'of the cost of the right of way in incremental payments in accordance with
the following schedule:
NOW, THEREFORE, in consideration of the foregoing premises and the mutual
benefits to be derived therefrom, the City shall contribute to the State an
amount equal to ten percent (10%) of the cost of the right of way to be acquired
by the State and shall return this agreement, executed by the City to Texas
Department of Transportation, and shall contribute to the State the balance of
ten percent (10%) in incremental payments in accordance with the following
schedule:
o Eighty Four Thousand One Hundred Thirty Three & .34/1.00 Dollars
$84,133.34 on or before January 31, 1995
I'
e
e
Eighty Four Thousand One Hundred Thirty Three &.34/1.00--Dollars
SEW. 1 ::n _ 34 on or before April 30, 1995
Eighty Four Thousand One Hundred Thirty Three & .32/1.00Dollars
$84,133.32 on or before July 31, 1995
The above contributions constitute Two Hundred Ninetv Two Thousand Four Hundred Fifty
Dollars $292,450. which represents 10% of the estimated cost of the right of
way; however, if it is found that any installment is insufficient to pay the
City's obligation, then the City, ufX)n request of the State, will forthwith
supplement this amount in such amount as requested by the State. The City, at
their discretion, may el~ct to accelerate the aforementioned payment schedule in
order to accelerate the acquisition of the right of way. UfX)n completion of the
project and in the event the amount as paid by the City is more than 10% of the
cost of the right of way, then any excess amount will be returned to the City.
Cost of the right of way acquired by the State shall mean the total value of
compensation to owners for their property interests either by negotiation or
eminent domain.
CITY OF LA PORTE
,TEXAS
EXECurION RECOMMENDED:
By:
District Engineer
Mayor
THE STATE OF TEXAS
ATTEST:
Certified as being executed
for the purpose and effect
of acti~ating and/or carrying
'out the orders, established
fX)licies or work programs
heretofore approved and
authorized by the Texas
Transportation Commission
under the authority of
Minute Order
BY:
Director of Right of Way
Date:
~.
. '
*
I Texas Department of Transportation
e
e
P.O. BOX 1386. HOUSTON, TEXAS 77251-1386. (713) 869-4571
September 14, 1994
Harris County
Control 389-12
SH 146: From South of Spencer/W Main
To South of SH 225
FSW
Mr. Charles R. Harrington
City of La Porte
P. o. Box 1115
La Porte, Texas 77572-1115
RECEIVED
qfiq /9;1
PLANNING
Dear Mr. Harrington:
In reference to your letter dated July 12, 1994, enclosed please find Sections 300
and 301 of the State's Right of Way Manual. These outline the statutory authority
and policies for state cost participation, commission authorization for right of
way project eligibility, policies governing state cost participation, and the
purpose and responsibilities established in the contractual agreement. Also,
attached is a copy of the revised right of way map indicating the right of way to
be purchased.
Please note parcels 1 through 15 have been deleted. The total estimated cost for
right of way including utility adjustment cost is $2,924,500. The City of La
Porte's ten percent escrow contribution is $292,450. Also, enclosed please find
triplicate copies of the revised Agreement to Contribute Funds indicating the
first partial contribution of $40,050 and two installments of $84,133.34 and one
installment of $84, 133.32 due every ninety days. This agreement supersedes the
previously submitted Agreement.
A detailed description of the above referenced project is as follows:
1) 0.4565 Mi N of SH 225 to 0.417 Mi N of W Barbours
Cut Blvd: 3 Level Interchange with 6 Main Lanes and
4 Lane Frontage Road
2) 0.417 Mi N of W Barbours Cut to 0.244 Mi N of W Main St.:
6 Main Lanes, Grade Separation and 4 Lane Frontage Road
3) 0.244 Mi N of Spencer/W Main to 0.296 Mi S of Spencer/W Main:
6 Main Lanes and 4 Lane Frontage Road
If additional information is required, please advise.
Sincerely,
~~d-. U.)i[~~
Frances S. Willison" P.E.
Director of District Right of Way
Houston District
Ibm
Attachments
An Equal Opportunity Employer
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Right of Way Manual
Part 1. State Cost Participation in County/City Right of Way Acquisition
300. Statutory Authority and Policies for State Cost Participation
300.01 Statutory Background for State Cost Participation
Article 6702-1, Sec. 4.301, Subsec. C, V.A.C.S., as amended, provides that in
the acquisition of all rights of way authorized and requested by the Department,
in cooperation with iocal officials, for all '~ighways designated by the
Commission as United States or State Highways, the Department is authorized and
directed to pay to the counties and cities not less than ninety (90) percent of
the value as determined by the Department of such requested right of way, or the
ne t cost thereof, whichever is the lesser amount. The percentage of reimburse-
ment may be fifty (50) percent in projects which were contracted prior to the
amending of the referenced law (see Minute Order No. 72989). See Section 300.03
for further details regarding the two different bases of reimbursement. If con-
demnation is necessary, the participation by the Department shall be based on
the final judgment provided that the Department has been notified in writing
prior to the filing of such suit and prompt notice is given as to all action
taken therein. The Department shall have the right to become ,a party at any
time for all purposes including the right of appeal at any stage of the pro-
ceedings.
The various counties and cities are authorized and directed to acquire that
right of way for highways which is requested and authorized by the Department,
as provided by existing laws, and in the event condemnation is necessary, the
procedure shall be the same as that set out in Sections 21.001 to 21.065 inclu-
sive, Property Code, Vernon's Annotated Revised Civil Statutes of Texas.
Upon delivery to the Department of acceptable instruments conveying to the Stat~
the required right of way, the Department will prepare and transmit to the
Comptroller of Public Accounts vouchers covering the reimbursement to such
county or city for the Department's share of the cost of providing such right of
way, and the Comptroller of Public Accounts is authorized and directed to issue
warrants on the appropriate account covering the State I s obligations as evl.-
denced by such vouchers.
300.02 Commission Authorization for Right of Way Project Eligibility
All right of way projects on United States and State Highways, Spurs, Loops, and
Park Roads, on which right of way acquisition has been approved by the
Commission, by program or individual minutes, are eligible for execution of
right of way contractual agreements between the Department and the counties and
cities.
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Right of Way Manual
Part 1. State Cost Participation in County/City Right of Way Acquisition
300. Statutory Authority and Policies for State Cost Participation
300.01 Statutory Background for State Cost Participation
Article 6702-1, Sec. 4.301, Subsec. C, V.A.C.S., as amended, provides that in
the acquisition of all rights of way authorized and requested by the Department,
in cooperation with iocal officials, for all highways designated by the
Commission as United States or State Highways, the Department is authorized and
directed to pay to the counties and cities not less than ninety (90) percent of
the value as determined by the Department of such requested right of way, or the
net cost thereof, whichever is the lesser amount. The percentage of reimburse-
ment may be fifty (50) percent in projects which were contracted prior to the
amending of the referenced law (see Minute Order No. 72989). See Section 300.03
for further details regarding the two different bases of reimbursement. If con-
demnation is necessary, the participation by the Department shall be based on
the final judgment provided that the Department has been notified in writing
prior to the filing of such suit and prompt notice is given as to all action
taken therein. The Department shall have the right to become a party at any
time for all purposes inc luding the right of appeal at any sta'ge of the pro-
ceedings.
The various counties and cities are authorized and directed to acquire that
right of way for highways which is requested and authorized by the Department,
as provided by existing laws, and i~ the event condemnation is necessary, the
procedure shall be the same as that set out in Sections 21.001 to 21.065 inclu-
sive, Property Code, Vernon's Annotated Revised Civil Statutes of Texas.
Upon delivery to the Department of acceptable instruments conveying to theStat~
the required right of way, the Department will prep,are and transmit to the
Comptroller of Public Accounts vouchers covering the reimbursement to such
county or city for the Department's share of the cost of providing such right of
way, and the Comptroller of Public Accounts is authorized and directed to issue
warrants on the appropriate account covering the State's obligations as evi-
denced by such vouchers.
300.02 Commission Authorization for Right of Way Project Eligibility
All right of way projects on United States and State Highways, Spurs, Loops, and
Park Roads, on which right of way acquisition has been approved by the
Commission, by program or individual minutes, are eligible for execution of
right of way contractual agreements .between the Departmerit and the counties and
cities.
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Right of Way Manual
300.03 Policies Governing State Cost Participation
The Department's policy relative to right of way cost participation is set forth
in Minute Order No. 42113 (s~e Plate 2). This minute order provided for right
of way cost reimbursement to the county and city governments to the extent of
fifty percent qf the value as determined by the State or the net cost thereof,
whichever is the lesser amount, on right of way authorized and requested by the
Department on all highways designated by the Commission as United States or
State Highways.' The percentage of reimbursement was increased to ninety percent
by Minute Order No. 72989, Plate 3, and provision was made by the Commission for
conversion, subject to Administrative approval, to th'e higher percentage of
reimbursement. However, it is not, mandatory that existing contractual agree-
ments be so modified. Therefore, both of these percentages of reimbursement
will be effective during the transition period from one basis to the other.
The date of the county's or city's payment in relation to the modified contract
date will be the deciding factor in determining whether interim reimbursements
will be on a 50/50 or 90/10 basis. In condemnation cases, deposits for
Commissioners' 'Awards made prior to the effective date of the modified contract
will be reimbursed 50 percent. In the event the final judgment is after the
effective date ~of the contractual agree'ment reimbursement will be made on th~ 90
percent basis for any excess. Payment for utility adjustments will be reim-
bursed on the basis of the date of payment whether or not it was for the total
adjustment or a partial payment for an instream project. The same will apply to
fencing contracts with the exception of eligible fencing performed by the coun-
ties or cities in which case the reimbursement rate will be determined by the
date the work was performed.
Since numerous; parcels were being acquired at the. time of conversion of the
program from 50/50 to 90/10 participation, the correct rate of reimbursement is
dependent upon: the date of the county's or city's payment. No additional .sup- ~
port is needed' to support 90 percent reimbursement on those parcels when the
date of the de~d is subsequent to the effective date of the modified contractual
agreement. However, on those deeds dated prior to the modified contract where
the consideration was actually paid subsequent to this date, we should be fur-
nished a copy of the cancelled warrant with the title. submission to document our
files and support 90 percent State cost participation.
Both types of. contractual agreements will be subject to the following provi-'
sions:
A. The coun'ty and city governments will handle the procedure of actually
acquiring the right of way.
B. The right of way to be acquired will be officially requested and autho-
rized by the Commission by minll te action, to be covered by contractual
agreements executed by the proper officials of the city or county and by
the Department.
C. The payment procedure will be a reimbursement process based upon delivery
by the county or city of acceptable instruments of conveyance to the
State.
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Right of Way Manual
D. Right of way payment and transactions handled by counties and cities after
the date of the contractual agreement with the State will be eligible for
participation under this plan when other provisions are complied with.
In order to provide assistance to counties and cities, another option regarding
right of way acquisition was established by Minute Order No. 80312 (see Plate 4)
whereby the county or city may request the State to assume responsibility for
such acquisition. See Section 311 of this chapter for the procedures applicable
to this form of State acquisition.
.
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Right of Way Manual
/ "
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301. Contractual Agreements with Counties and Cities
301.01 Purpose of Right of Way Contractual Agreement
Initially a contractual agreement for right of way acquisition on a project is
executed jointly between the county or city and the State. The purpose of this
contract is to provide the right of way needed for a specific highway project
through the combined efforts of the State and the county or city, and to delin-
eate the responsibilities. of each party. By this agreement the State autho-
rizes and requests the county or city to proceed with the right of way
acquisition and agrees to reimburse the county or city for. its share of the
costs incurred in accordance with the provisions of the agreement. The terms of
the agreement apply to new right of way authorized and requested by the
Department which is needed and not yet dedicated, in use, or previously acquired
in the name of the State or county or city for highway, street, or road pur-
poses. The agreement also applies to needed outstanding property interests in
existing right of way and to eligible utility adjustments not previously made,
as authorized and requested by the Department. The agreement provides the coun-
ty's or city's acceptance of the responsibility to acquire all of the needed
right of way and to obtain good title in the name of the State.
301.02 Responsibilities Established in Contractual Agreement
The contractual agreement establishes that the State I s reimbursement to the
county or city for negotiated parcels will be ninety (90) percent of the State's
predetermined value of each parcel, or the net cos t thereof, whichever is the
lesser amount, and that on condemned parcels the ninety (90) percent reimburse-
ment will be based, on the final judgment provided the State has been given
proper notice of all action taken therein as required by the law.
In addition to this sharing of property costs, the State also participates in
costs of Special Commissioners' Hearings, appraisal expenses for the' State's fee
appraisers used in condemnation cases, utility relocations, fencing and property
adjustments.
~
The contractual agreement provides for division of certain other re~ponsibili-
ties for the project development. The county or city assumes entire responsi-
bility for the costs incurred in arriving at values to recommend for State
approval, all costs relative to negotiation, it~ attorney fees for condemnation
proceedings, and the cost of recording instruments of conveyance. The Depart-
ment assumes the responsibility and costs of land surveys, property descrip-
tions, title information, preparation of instruments, right of way maps,
supplemental investigations or appraisals necessary to determine the appropri-
ateness of submitted values and fees for title services. The Department is also
responsible for appraisal costs where the State is to determine values as a
result of the city's or county's use of the waiver provisio~ of the contractual
agreement.
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Right of Way Manual
/ '-....
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301. Contractual Agreements with Counties and Cities
301.01 Purpose of Right of Way Contractual Agreement
Initially a contractual agreement for right of way acquisition on a project is
executed jointly between the county or city and the State. The purpose of this
contract is to provide the right of way needed for a specific highway project
through the combined efforts of the State and the county or city, and to delin-
eate the responsibilities. of each party. By this agreement the State autho-
rizes and requests the county or city to proceed with the right of way
acquisition and agrees to reimburse the county or city for. its share of the
costs incurred in accordance with the provisions of the agreement. The terms of
the agreement apply to new right of way authorized and requested by the
Department which is needed and not yet dedicated, in use, or previously acquired
in the name of the State or county or city for highway, street, or road pur-
poses. The agreement also applies to needed outstanding property interests in
existing right of way and to eligible utility adjustments not previously made,
as authorized and requested by the Department. The agreement provides the coun-
ty's or city's acceptance of the responsibility to acquire all of the needed
right of way and to obtain good title in the name of the State.
301.02 Responsibilities Established in Contractual Agreement
The contractual agreement establishes that the State I s reimbursement to the
county or city for negotiated parcels will be ninety (90) percent of the State's
predetermined value of each parcel, or the net cost thereof, whichever is the
lesser amount, and that on condemned parcels the ninety (90) percent reimburse-
ment will be based on the final judgment provided the State has been given
proper notice of all action taken therein as required by the law.
In addition to this sharing of property costs, the State also participates in
costs of Special Commissioners' Hearings, appraisal expenses for the' State's fee
appraisers used in condemnation cases, utility relocations, fencing and property
adjustments.
~
The contractual agreement provides for division of certain other responsibili-
ties for the project development. The county or city assumes entire responsi-
bility for the costs incurred in arriving at values to recommend for State
approval, all costs relative to negotiation, its attorney fees for condemnation
proceedings, and the cost of recording instruments of conveyance. The Depart-
ment assumes the responsibility and costs of land surveys, property descrip-
tionB, title information, preparation of instruments, right of way maps,
supplemental investigations or appraisals necessary to determine the appropri-
ateness of submitted values and fees for title services. The Department is also
responsible for appraisal costs where the State is to determine values as a
result of the city's or county's use of the waiver provision of the contractual
agreement.
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REOUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
October 24. 1994
Requested By:
J. L. Sease I~
/
Department:
Fire
Report
Resolution
xx
Ordinance
Exhibits:
Proposed Ordinance
Draft Contract
SUMMARY & RECOMMENDATION
The emergency ambulance service contract with the Association of
Bayport Industries, Inc. (ABC) is in need of renewal. The City
Council is requested to pass an ordinance approving and authorizing
the City Manager to execute an updated contract with the
association.
Under the present contract the City would receive $27,000.00 as an
annual fee and based on the last 12 months revenues, $15,602.00 in
response fees which is 6.8 percent of our billing. We'responded 63
times in the past 12 months out of 2018 calls or 3 percent of our
total responses.
Action Required by Council:
Approve the proposed ordinance authorizing the City Manager to
execute a new contract.
Availability of Funds:
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
N/A
Funds Available:
Yes
No
Approved for city Council Aaenda
QJ~ T. ~~~~
Robert T. Herrera
City Manager
\0" ''''C\4
Date
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ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W, FAIRMONT PARKWAY
P.O, BOX 121B
LA PORTE, TEXAS 77572-1218
KNOX W, ASKINS
JOHN 0, ARMSTRONG
TELEPHONE 713 471-1886
TELECOPIER 713 471-2047
October 13, 1994
r~ ~. 6, -~.'--_ - -- '~l"-I w:Ni"~~
· E I ~ Iii., :.!. " .. !I.:-;I I "i
, " '. -. '~ ,."", ~ "t ;:}, :,
't:/.;~ .. J ,-"--,'I; l,.:, :1.: ~: :}
t} ';. :.~~~
!l r'.'- 1 3 '{1"',I
I~. IJ I : !::)~(+
Mr~ John Joerns
Assistant City Manager
City of La Porte
City Hall
La Porte, Texas
1.\.38T. Cny MANA,GER
0-.-/ ~',r:-
rr !..:.:.
Dear John:
I enclose revised agreement between
Association of Bayport Companies, Inc.,
discussed in our meeting of October 12,
City of La Porte and
incorporating the changes
1994.
YourS'very truly,
~/2, '-::/X' ,I
. ,'./ ".
I .:"..
'.-/" ..- ..
Knox W. Askins
City Attorney
City of La Porte
KWA: sw
Enclosure
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CONTRACT
STATE OF TEXAS
{
{
{
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS
THIS CONTRACT AND AGREEMENT made and entered into on this the
1st day of October, 1994, by and between ASSOCIATION OF BAYPORT
COMPANIES, INC., a Texas Non-Prof it Corporation, hereinafter called
"A.B.C.", and CITY OF LA PORTE, a Texas Municipal Corporation,
hereinafter called "CONTRACTOR", and containing all terms of the
agreement between said parties.
WIT N ESE T H:
That Contractor agrees, as an independent contractor, at its
own cost and expense, to furnish Emergency Medical Service (EMS)
on Service Area as outlined on Exhibit "A", attached hereto and
fully incorporated by reference herein, which shall hereafter be
referred to as the "Service Area", in compliance with the terms and
conditions, covenants and agreements hereinafter set forth;
provided, however, that A.B.C. hereby agrees and promises to pay
Contractor the sum specified in paragraph XIV below per year, in
advance, for such services.
Contractor will provide space for
housing ambulances and personnel.
I.
AMBULANCES PROVIDED
As part of the consideration expressed herein, Contractor
agrees to furnish ambulances and the personnel to man those
ambulances, said Emergency Medical Service being available on a
constant basis. Contractor shall regularly maintain said ambulance
units, keep them in good working condition at all times, normal
wear accepted.
Contractor shall further keep in full force and
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effect, collision and liability insurance on said ambulances in
accordance with the provisions of paragraph IX infra. A.B.C. shall
be named as an additional insured on said policies.
II.
EMERGENCY AMBULANCE SERVICE REQUIREMENTS
Contractor covenants and agrees to furnish ambulance service
in compliance with the following requirements:
(1) Contractor shall have and maintain at least two (2)
ambulances and crews available twenty-four (24)
hours daily for emergency dispatch, in conformity
with the standards set forth in Paragraph III
hereof. Contractor reserves the right to arrange
for back-up units when both of the two (2)
ambulances are in service, and the further right to
activate mutual assistance agreements with other
governmental entities in the ev~nt of calamity or
disaster conditions. Nothing set forth herein is
meant to diminish the ability of Contractor to
arrange for back-up units when both of the two
ambulances are in service, or diminish the right of
Contractor to activate mutual assistance agreements
wi th other governmental entities in the event of
calamity or disaster conditions.
(2) Equipment and crews shall be located at a point or
points within the City of La Porte to be selected
by Contractor. It is the intention of the parties
that same shall be so located that an ambulance can
reach any area wi thin the Service Area wi thin a
reasonable periOd from time of dispatch, and it is
within the contemplation of the parties that ten
(10) minutes is deemed to be a reasonable period of
time.
III.
STANDARDS REQUIRED FOR AMBULANCES
AND ACCESSORY EQUIPMENT
Contractor covenants and agrees to furnish at his own expense
ambulances and accessory equipment which comply with the following
standards:
(1) A total of not less than two (2) Mobile Intensive
Care ambulances shall be furnished by the Contractor
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twenty-four (24) hours a day, to the Service Area.
Provided, that said two (2) ambulance requirements
shall not apply, when either or both of said units
are engaged in providing emergency ambulance service
to a point or points as contemplated wi thin the
Service Area, said Service Area specified in
paragraph XIII. One of said units may be on call
at a backup location within the City of La Porte or
the Service Area upon dispatch of the initial unit
required to be maintained wi thin the City of La
Porte. Each vehicle must have a patient capacity
of not less than two (2) patients.
(2) All ambulances must be inspected and approved by the
Chief of Emergency Medical Services of the City of
La Porte and must be of a type and design suitable
for transporting injured persons. Said vehicles
shall be at all times in a state of good mechanical
repair and shall be equipped with tires in good
condition and not showing unusual wear.
(3) All such ambulances must be licensed as Mobile
Intensive Care Units in compliance with Article
44470 of the Revised Civil Statutes of the State of
Texas, and amendments thereto, and in compliance
with the Rules and Regulations of the State Board
of Health.
(4) (a) Each ambulance shall be equipped with a two-
way radio which transmits and receives on
frequencies designated for use by the City of
La Porte.
(b) Radios will be operated on City of La Porte
local government frequency 155.625
megacycles, or such other frequency which the
City may designate.
(c) Radios must be maintained to meet current
F.C.C. specifications. The maintenance costs
will be borne by the Contractor.
(d) Radios must have an annual frequency check by
the City of La Porte Radio Technician.
(e) Contractor will comply with all F.C.C.
regulations. The assigned radio frequency is
shared with other city services. Contractor
shall keep all radio messages brief and clear,
and shall avoid unnecessary transmissions.
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(7) The Emergency Medical Services Chief of the City of
La Porte shall determine the standards for ambulance
equipment. In determining the adequacy of the
equipment, the Emergency Medical Services Chief
shall take into consideration the current list of
minimal equipment for ambulances as required by
Article 44470 of the Revised Civil Statutes of the
State of Texas.
IV.
INSPECTION AND APPROVAL OF AMBULANCES
AND ACCESSORY EQUIPMENT BY CITY
All ambulances and accessory equipment shall be subject to
inspection by the Emergency Medical Services Chief of the City of
La Porte, or his duly appointed representative, and if at any time
same are not in compl~ance with the provisions hereof, or if any
ambulance is in need of mechanical repairs in order to insure its
satisfactory condition, then such ambulance shall not be used until
all defects are remedied to the satisfaction of the Emergency
Medical Services Chief. Appropriate substitute equipment shall be
provided in the event any vehicle or equipment is not available for
service for one (1) week, and immediate written notice of such
shall be furnished by Contractor to A.B.C..
V.
TRANSPORTATION TO HOSPITAL
Contractor shall transport patient to the nearest hospital
providing an emergency service, that will take the patient, unless
the patient's safety or the patient him or herself specifically
dictates otherwise.
In the event that the patient is
incapacitated,
the
Paramedic
attendant
shall
designate
transportation of patient to the nearest hospital.
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VI.
CHARGES PERMITTED CONTRACTOR
Contractor shall be permitted to charge the following base
charge, to-wit:
(1) Ambulance Service and Invalid Coach Service:
(a) Contractor shall be entitled to charge fees for
its services rendered, said fees being subject
to change from time to time upon thirty (30)
days written notice from Contractor to A.B.C..
The fees chargeable by Contractor to A.B.C. on
the effective date of this Contract are
specifically enumerated on Exhibi t "B" ,
attached hereto and fully incorporated by
reference herein. Contractor shall be entitled
to change said fees upon written notice to
A.B.C., said fee change becoming effective on
the thirtieth (30th) day following delivery of
the written notice from Contractor to A.B.C..
(b) Method of dividing cost among patients if
more than one is carried in the same
ambulance simultaneously to one hospital:
One and one-half (1 1/2) times the regular
rate, divided by the number of patients
transported; each patient to pay equal
amount.
Contractor shall never deny emergency
service because of a person's inability
to pay.
(c) The collection of such fees shall be the
sole responsibility of the said
Contractor. Contractor shall vigorously
pursue the collection of any such fees.
VII.
DISPATCHING
Contractor shall have its own telephone number, with a
minimum of two ( 2 ) incoming lines.
Emergency calls shall be
received by Contractor at the 911 Emergency Service number.
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VIII.
COMPLIANCE WITH LAW AND ORDINANCES
Contractor agrees to operate the ambulances in accordance
with the requirements of the state and Federal law, and applicable
municipal or county ordinances, as the same now exist, and as may
be amended from time to time hereafter.
IX.
LIABILITY INSURANCE
During the term of this contract and any extensions thereof,
Contractor shall purchase and keep in full force and effect,
public liability insurance on each of its ambulance units, workers
compensation, and professional liability insurance (malpractice
insurance) on each of its employees administering patient care,
with minimum liability limits established in the Texas Torts
Claims Act, Vernon's Civil Practice and Remedies Code, Chapter
101.
Contractor shall file certificates of insurance coverage
with A.B.C. during the term of this contract and any extensions
thereof. On all said insurance policies, A.B.C. shall be named as
an additional named insured.
X.
INDEPENDENT CONTRACTOR
It is expressly agreed and understood by all parties hereto
that Contractor is an independent contractor in its relationship
to A.B.C.. Nothing herein contained at any time or in any manner
shall be construed to (1) effect an agreement of partnership or
j oint venture, or (2) render any party hereto the employer or
master of any other party and/or its employees, agents or
representatives, and (3) Contractor shall be deemed sole provider
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to the A. B. C. .
XI.
INDEMNIFICATION AND ASSUMPTION OF LIABILITY
Contractor covenants and agrees to indemnify, and does hereby
indemnify, hold harmless and defend, A.B.C., its agents, servants
or employees, from and against any and all claims for damages or
injuries to persons or property of whatsoever kind or character,
whether real or asserted, arising out of or incident to the
operation of its emergency ambulance service and all other of its
operations arising under or otherwise incident to the provisions
of this contract; and Contractor hereby assumes all liability and
responsibility for injuries, claims or suits for damages to
persons or property, of whatever kind or character, whether real
or asserted, occurring during the term of this agreement, arising
out of or by reason of the operation of its emergency ambulance
service and all other of its operations arising under or otherwise
incident to the provisions of this contract; provided, however,
the liability of Contractor hereunder shall be limited as provided
in the Texas Tort Claims Act, Vernon's Civil Practice and Remedies
Code, Chapter 101.
XII.
REVOCATION OF CONTRACT
A.B.C. and Contractor may cancel this contract, without
cause, after ninety (90) days prior written notice from the
cancelling party to the other party. Such notice shall be sent by
Contractor to A.B.C. at: Post Office Box 691, La Porte, Texas
77572-0691. Such notice shail be sent by A.B.C. to Contractor at:
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City of La Porte, Post Office Box 1115, La Porte, Texas
77572-
1115, Attn: City Manager.
XIII.
SERVICE AREA
A.B.C. and Contractor agree that Contractor's service area
includes the cities of La Porte; Morgan's Point; and Shoreacres;
and the Battleground and Bayport Industrial Districts, and any
other entities within the extraterritorial jurisdiction of the
City of La Porte with which City may hereafter enter into service
agreements. Contractor shall not enter into any ambulance service
contract with any other entity providing fees for services shown
on Exhibit "B" more favorable to any other entity, than those
provided for herein.
XIV.
PAYMENTS TO CONTRACTOR
A.B.C. shall make a payment to Contractor on or before the
1st day of October, 1994, of Five Dollars ($5.00) per on-site
employee of the ASSOCIATION OF BAYPORT COMPANIES members,
comprised wi thin the service area.
The employee count, which
A.B.C. represents to Contractor to be approximately between Five
Thousand (5,000) and six Thousand (6,000), on an annual basis,
shall be based upon the number of full-time equivalent, on-site
employees and shall include the number of recurring-contract
workers (such as maintenance contracts that are used for scheduled
plant maintenance) .
The number of covered personnel is to be
estimated by each individual plant wi thin the service area and
furnished to the ASSOCIATION OF BAYPORT COMPANIES for the computa-
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tion of the annual fee, which shall occur on or before October 1,
the anniversary date of each year of this contract. A.B.C. shall
furnish to Contractor said census count furnished to them from the
ASSOCIATION OF BAYPORT COMPANIES during the month of September
during each year of this contract.
xv.
TERM
This Contract shall become effective at 12:01 a.m. Central
Daylight Time, on the 1st day of October, 1994, and shall remain
in full force and effect until the 30th day of September, 1997,
unless otherwise cancelled as provided in paragraph XII above.
This Contract is entered into subject to the Charter and
Ordinances of the City of La Porte, and all applicable state and
federal laws.
EXECUTED IN DUPLICATE ORIGINALS, effective as of the 1st day
of October, 1994.
ASSOCIATION OF BAYPORT COMPANIES, INC.
By:
President
ATTEST:
By:
Secretary
9
By:
By:
e
ATTEST:
Sue Lenes,
City Secretary
APPROVED FOR FORM:
Knox W. Askins,
city Attorney
City of La Porte
By:
e
CITY OF LA PORTE
Norman Malone, Mayor
10
., ,
EXHI~'T i(
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ORDINANCE NO. 1799
AN ORDINANCE ESTABLISHING A NEW EMERGENCY MEDICAL SERVICE RATE
STRUCTURE FOR THE CITY OF LA PORTE; CONTAINING A SEVERABILITY
CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING
AN EFPECTIVE DATE HEREOP.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The fallowing rate structure is hereby established
for the provision of emergency medical services by the City of La
Porte Emergency Medical Service.
1. Transportation:'
$150.00 + $2.50 per
loaded mile
2. Emergency handling:
(extrication and Code 2
emergency traffic)
25.00
3. Life flight/alternate transport:
150.00 + cost of
supplies
4. Infection control:
(if mask and/or aprons are needed
for cleanup after infectious patient)
15.00
5. Spinal immobilization:
6. ECG monitor:
.25.00
15.00
7. Medicine:
10.00 per prescription
8. Oxygen set up:
15.00
9. Splinting package:
10.00
10. Mast pants:
(military anti shock trouser
application)
10.00
11. Thumper:
12. CPR
15.00
10.00
10.00
20.00 per site
20.00
15.00
50.00
25.00
40.00
25.00
15.00
13. Blood draw:
14. r.V. set up
15. Bandage (includes hot paCKS,
cold packs, etc.)
16. E.T. package:
(endotracheal intubation)
17. EOA or EGTA package:
(esophageal gastric tube airway)
18. o.a. kit:
19. Intraosseous package:
20 Bag Valve Mask:
21 Suction Package:
Section 2.
The rates established hereunder shall be effective
the 1st day of January, 1992.
EXHIBIT B
e
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ORDINANCE NO.
PAGE 2
Section 3.
If any section, sentence, phrase, clause, or any
part of any section, sentence, phrase, or clause, of this ordinance
shall, for any reason, be held invalid, such invalidity shall not
affect the remaining portions of this ordinance, and it is hereby
declared to be the intention of the City Council to have passed each
section, sentences, phrase, or clause, or part thereof, irrespective
of the fact that any other section, sentence, phrase, or clause, or
part thereof, may be declared invalid.
Section 4.
The City Council officially finds, determines,
recites and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City ~all of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
Civil Statutes Annotated; and that this meeting has been open to the
public as required by law at all times during which this ordinance
and the subject matter thereof has been discussed, considered and
formally acted upon.
The City Council further ratifies, approves
and confirms such written notice and the contents and posting
thereof.
Section 5.
This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 9th day of December, 1991.
CITY OF LA PORTE
BY )f~kk.?4!d .
-Ndrman L. Ma dne, Mayor
ATTEST:L
~. ~ltp
Cherie Black
City Secretary
'222:;# L
Knox W. Askins
City Attorney
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&EST FOR CITY COUNCIL AGENDA ITE.
Agenda Date Requested: October 24. 1994
Requested By: Charles Harrington cn# Department:
Planning
X Report
Resolution
Ordinance
Exhibits:
SUMMARY & RECOMMENDATION
Background
As Council may recall, on September 26, staff made a report on the need for an
emergency relocation of a water line along Underwood Road, a distance of approximately
800 feet from Carlow Lane.
At the time of the report we had an estimated cost of over $24,000 from Angel Brothers,
Inc and an estimated cost of only $17,000 for the water line. Rather than pay the
additional $7,000 for a contract change order to Angel Brothers, we stated we would bid
the project, have the emergency work done and bring the contracted amount back to the
City Council for ratification.
We received four bids for the work in the following amounts:
Furlow Services, Inc.
R. L. Utilities
. Pas-Key Construction Services, Inc.
Angel Brothers, Inc.
$15,700
$16,800
$17,865
$24,725
Staff accepted the low bid in the amount of $15,700 from Furlow Services, Inc. The work
has been completed and the customers disturbed for a minimal time.
Recommendation
The staff recommends that the Council ratify the emergency relocation work performed
in the amount of $15,700 by Furlow Services, Inc.
Action Required by Council:
Ratify the award of a construction contract for the emergency relocation of a water line
along Underwood Road in the amount of $15,700 to Furlow Services, Inc. The funds to
be used from the Utilities Capital Improvement Contingency Fund.
Availability of Funds:
General Fund
-2L Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
003-810.810-900
Funds Available: X YES
NO
Approved for City Council Agenda
ROb~r4-
/(t~fLf
DATE
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REO.ST FOR CITY COUNCIL AGENDa-EM
Agenda Date Requested:ctober 24, 1994
Requested By:
f Litchfield, Finance Director
Department: Finance
Report
Resolution
Ordinance
Exhibits:
1. Vendor List
suiVnviARY & REColVilMENbA TION
Request for Proposals were mailed to seventeen area vendors who could provide a
document image storage and retrieval system.
On August 22, 1994 the City received six offers in response to the request.
The vendor who is awarded the contract shall provided the City with microcomputer
system components that will allow the electronic scanning and storage of document
images. The vendor shall also provide the software, installation and training on the
applications used for indexing and storage of images.
After review by Finance and MIS personnel, it has been determined that Dynamic
Imaging Systems has provided the proposal that is most advantageous to the City of
La Porte. Their system meets all RFP requirements and is capable of handling multiple
users. The total cost of the system is $22, 190.Total Budgeted funds for this project
are $27,000
Action Required by Council:
Award a contract to Dynamic Imaging Systems to furnish imaging components,
software and maintenance in the amount of $22,190.
Availability of Funds:
General Fund
~ Capital Improvement
VVaterfVVastewater
Other (None required)
Account Number: 015-691-500-100
Funds Available:
XX YES
NO
Robert T.
City Man
Date:
CITY 1i LA PORTE e
INTER-OFFICE MEMORANDUM
To:
Louis Rigby, Director Admin. Services
Jeff Litchfield, Director of Finance
MIS Steering Committee
Larry Mabe, MIS Manager~~
October 19, 1994 V /Vw-
D
From:
MafUlgement JrifornwJlon Services
Date:
Subject: Vendor List for Document Imaging RFP #0058
The attached list of vendors were mailed an RFP on August 5, 1994 and ads
were published in the Bayshore Sun on August 7 and 14, 1994.
A total of six responses were received from the following vendors:
Technology and Business Consultants, Inc.
Automated Filing Systems of Texas
ENGraphics Engineering Document Control
Multi System Platform International, Inc.
Kestrel Data Management, Inc.
Dynamic Imaging Systems
The proposals were opened on August 22, 1994 at 2:00 P.M.
.cument Imaging Vendor Lii
DCR Technologies
Attn: Tom Anderson
One Appletree Square
8009 34th Ave. South, suite 900
Bloomington, MN 55425
Phone: 1-800-229-5430 Ex. 103
Advantage Computing, Inc.
Attn: Lisabeth Abrams
510 Bering Drive, Suite 210
Houston, Texas 77057
Phone: 783-6695
Automated Filing Systems
Attn: Tim O'Neill
1080 W. Sam Houston Parkway
suite 120
Houston, Texas 77043
Phone: 937-6147
Data-Con Systems & Service Co.
Attn: Martin C. Rieger
4911 Jassamine st.
Bellaire, Texas 77401
Phone: 666-1737
Summary Corp.
Attn: Paul J. Dimiceli II
P.O. Box 571207
Houston, Texas 77257-1207
Phone: 266-7774
viewstar, Corp.
Attn: Mary Morgan
2000 Bering Dr., suite 850
Houston, Texas 77057
Phone: 787-1058
Sea con Computer Systems
Attn: Neil Moore
3801 Kirby Dr., suite 230
Houston, Texas 77098
Phone: 526-0411
DocuQuest Technologies
Attn: Bobbi Horne
2303 smith Street
Houston, Texas 77006
Phone: 961-4100
Uni-Komp Computer Solutions
Attn: o. D. Soles
7000 Northwest 100 Drive
Houston, Texas 77092
Phone: 895-9900
Auto-Trol Technology
Attn: Bryan Oldham
2550 North Loop West, suite 750
Houston, Texas 77092
Phone: 957-8655
Sarek Software, Inc.
Attn: Frank Perez
1300 Post Oak Blvd. suite 1970
Houston, Texas 77056
Phone: 961-1240
File Net , Corp.
Attn: Marta Flores
5847 San Felipe suite 500
Houston, Texas 77057-3008
Phone: 789-6568
In, Inc.
Attn: Barbara Mercer
5805 Kansas
Houston, Texas 77007
Phone: 869-8756
Wang Laboratories
Attn: Lenord Mosley
1701 W. Northwest Hwy.
Grapevine, Texas 76051
Phone: 817-329-5066
ENGraphics
Attn: Brain Vandivere
21330 Aldine westfield, suite 104
Hubble, Texas 77338-1000
Phone: 443-2250
Dynamic Imaging Systems
Attn: Greg Botard
15715 Constitution Lane
Friendswood, Texas 77546
Phone: 992-3385
La Porte Chamber of Commerce
~ST FOR CITY COUNCIL AGEND~
=
Agenda Date Requested: 10-24-94
Requested By: steve Gillett ~Department: Public Works
XXX Report Resolution Ordinance
Exhibits: Bid Recap Sealed Bid # 0612 - Reinforced Concrete Pipe
=
SUMMARY & RECOMMENDATION
Advertised, sealed bids # 0612 for the annual supply of reinforced concrete
pipe were opened and read on October 10, 1994. Bid requests were mailed to
six (6) vendors with two (2) returning bids.
Low bid meeting specifications for all items was submitted by Bay Concrete
Products, Inc. Using estimated yearly quantities, the cost would be
$41,831.10.
Staff recommends award of bid for the annual supply of reinforced concrete
pipe and associated items to Bay Concrete Products, Inc., low bidder
meeting specifications. Funds for the purchase of these items are budgeted
in the Streets Division FY 94-95 Operating Budget.
Action Required by Council: Award bid for the annual supply of reinforced
concrete pipe and associated items to Bay Concrete Products, Inc., low
bidder meeting specifications.
=
Availability of Funds:
xxx
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number: 001-700-701-415
Funds Available: -XX-YES
NO
=
'"
Approved for City Council Aqenda
QJ~ ~-
Robert T. Herrera
City Manager
'b-l\ ..t\'t
DATE
=
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BID TABULATION = REINFORCED CONCRETE PIPE
fl~~tl~~]I!I~~T~'~l~
1 . REINFORCED CONCRETE PIPE I I
A. 1 2 " (500 FT) $4. 94 $7 22
B. 1 5 " (1 000 FT) I $5. 64 $8 1 8
I C 1 8 " (1 000 FT) $6.46 $9. 32
I
" $9 76 $ 1 2. 97 I
I
I
I
I
I
I
I
TOTAL SECTION 1 I
I
\'2. RCP WITH CUT OUTS 'I
A. 15" (20 EA)
I B. 18" (20 EA) I
I C. 24" (20 EA)
I TOTAL SECTION 2 I
I I
13. INLET SADDLES W/CAST IRON GRATE I I
I A. 15" (20 EA) I $74.68 I
i B. 18" (20 EA) I $74.68 i
I C. 24" (20 EA) I $74.68 I
I rOTAl SECTION 31 $4,480.80 I
4. GRATES I I
A. CAST IRON 24" WI FRAME (6 EA) I $81]5
B. CAST IRON 15" X 23" (20 EA) I $32.00
TOTAL SECTION 41 $1,130.50
I
!:j::::::::U::::::::::::::::::::::::,:::::::::::::W::::::'::::;:::::::~~:TQT~:Uw:::::m:::::::::::::::~j;~~1'~jqU:j::::::::::::;:::::::::::::~;'~j:1~QQ::1
D. 24 (500 FT)
E. 30" (100 FT)
F. 36" (100 FT)
G. 48" (100 FT)
H. 60" (100 FT)
$14.161
$19.88 I
I
$37.43 I
$71.30 I
$33,727.00 I
I
$32.56 I
$37.88
$54.20
$2,492.80
I
$17.90 I
$25.951
$44.95
$71.36 I
$43,611.00 I
I
NO BID I
NO BID I
NO BID I
NO BID I
I
NO BID I
NO BID I
NO BID I
__ - __ I
NO BID I
I
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I
NO BID I
NO BID
NO BID
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BIDDER'S LIST
SEALED BID #0612 = REINFORCED CONCRETE PIPE
JERRY McKINLEY CONCRETE PIPE COMPANY
2918 ELYSIAN STREET
HOUSTON, TX 77009
MOORE & MOORE LUMBER
530 S. BROADWAY
LA PORTE, TX 77571
GIFFORD HILL & CO. PIPE DIVISION
P. O. BOX 40444
HOUSTON, TX 77240
BAY CONCRETE PRODUCTS
P.O. BOX 400
SANTA FE, TX 77510
CONCRETE PIPE & PRODUCTS
6800 HELIY'..ERS
HOUSTON, TX 77022
CHAMBER OF COMMERCE
P.O. BOX 996
LA PORTE, TX 77572-0996
SOUTH HOUSTON CONCRETE PIPE
P. O. BOX 101
SOUTH HOUSTON, TX 77587
BAYSHORE SUN PUBLISH DATES
SEPTEMBER 25, 1994
OCTOBER 2, 1994
~T FOR CITY COUNCIL AGENDA~
Agenda Date Requested: October 24. 1994
Requested By: BobbV L. powell~ Department:
Police
x
Report
Resolution
Ordinance
Exhibits:
SUMMARY , RECOMMENDATION
During
camera
.
.
o
the budget process, the Police Department requested a video
to be used for:
safety of the officers on traffic stops
DWI encounters
insures clarification of accusation, as all conversations
are recorded.
can be used to video crime scenes
.
Council agreed to increase this request to three (3) Color Video
Camera Systems which includes cameras, hardware for installation,
and Remote Control-wired units at the cost of $5,400.00.
video Systems Plus is a sole source vendor as they have patented
their video camera system. Their system also has an Audio Receive
that reaches 1500 ft, where the other systems we have researched
only reach 300 ft.
I feel it is important to continue with video Systems Plus as six
of our video camera systems are their patented system. The
continuity between the systems provides us with the ability to
interchange parts from one systems to another. The importance of
this maneuver is to assure we have all the systems possible working
at all times.
ALTERNATIVE:
Availability of Funds:
X General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other (Motor Vehicle Fund)
Insurance
Account Number: 001-502-503-811 Funds Available: K- YES NO
Approved for city Council Aqenda
ij3A
Robe . Herrera
City ager
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,3723 Eost29thStreet. Bryon, TX 77802
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10121192
To: Sgt. Miller - La Porre Police Dept.
FAX: 713-470-1639
. ,
Re: Specifications for Version IT dashboard moiLJited video system. ,'...,
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Cover.page; 1 ofJ'pages.
NOTE: The section on Camera Controller' on page four is optional.,ItretaUs for an
additional $225. However. it is a very attractiveoptiun wheiJoperating at night or in
sitiltations where one switch operation would ~ an asset. The Version II retails for
$1650.plus $40 packing/shippingfmsw'ance. '
$1650 Version II
.225 Redi-On (optional)
, 4n Shipping
$1915 Total
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$1690 Total without Redi-On
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Video Systems Plus
System SI)eCificatiol1S
Redi-On Version .u
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~ H !!=.C'OT.l~~VpeclfiC1tions<-tfltiiledh~rriaescribe ~l ~i1~~~ ~~~bik~Id~~~~~l ~~itili~ ~:~~x: ,'s~
. easily be moved from oile patrol car to another and utiliz.ed to videotape officer and citiz.en
. actions during traffic stops. and other encowHers: . .
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The unit is genernlly descriJJed as a camcorder; .video monitor and Wireless microphone
system; along: with a1i the necessary power cords and converters. mounted on a bracket
which will.be mounted and secured on the dashboard ora variety of vehicles.
<;amcorder
~. :
11lecamcorder shall equal or exceed tile following:.
. 1. VHS(c) format
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. 2. 11m: light sensitivity rating (JVC)
. 3. 'S: 1 power zoom lens; autofoc~s and iris. l;ontrol
4. lmage sensing auto focus
5. HQ system cin;uitry with flying erase head
6. Auto/Selectable date/time display and recording
7. On Screen Display of camera statu's
8. Audible trigger alann
9. Electronic View Finder
10. Internal microphone and externaJ microphone jack
11. Camera controls on top and driver fiide of camera
.,-.
12. lmdioNidco output connector "
13. Power converter input $onrce (l2vI?C~ 6\'DC)
14. Camera power sourcelbattery charger incegrated with wiring harness
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15. Camera powered through interilal battery andextemaJ source
" 16. Maximum dimensions of 81~ x 5" x 5" (W x H x D)
. .' :' .1' U . d.... 17. Shall inclM~ th~ f~h~~~g i\cce~~ri~s~ II ~ 1 5 <" "
b H !i;>:910L,r~rL' ,:' . ~8CSf.J' 892 6017 ": 1'''~8;':'.:6
a. AC power adaptor/bimery charger.
b. .1 hour battery pack
c. Canying case
d. VHS(c) - VHS adaptor with battery installed
e. RF converter with cable instaUed Oll monitor
. [ Backup battery for camera installed. .
g. Date/time set in ,the "Oil-Screen DiSplay" mode"
b. Must have U.S. Manufactllrei"S WarrRnty
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03010/1U15nd Wo~~ 6[160 ~661/ll/el
26-12-(;JT: n rev, :>ElI ..,,10::"::1131 XO~3X: ),g
Video Monitor
TIle monitor shall equal or exceed the following:
1. Black arid white display
2. Monitor case must be completely opaq~'e
3.41/2 It screen measured diagonally
4. 12 vDC power input integJ"3.ted with p()~erwiring harness
5. Controls for the following functions:
a.. On-Off
b. Volume
c. Channel selector
d. Contrast
c. Brightness
, - , .
ffD Verticnl hold
6. Earphone jack
7. ExteIllal. 75 ohm antenna jack
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8. Sun-shade screen installed
9. equipped with extemal75 ohm - 3QO ohm"adaptor
. . Up.1.0iHILl 01
~ Wireless Microphone" ~'ystem
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The transmitter shall equal or exceed the following:
1. Multiple high-band frequencies av<\-ilable (6 minimum)
2. Range of up to 1500 feet with compatible receiver'
3. Powered by intemal9 vDC rethargeable ba,ttery
4. LED low battery indicator
5. On - Off power switch
6. On - Off audio switch
7. Audio level trim gain control
8. Lavaliere type microphone willi tie clip.
9. Webbed canying pouch willi belt clip
The receiver shall equal or exceed the following:
1. Multiple high-band frequencies avaiiable (6 minimum)
2. Range of IIp to 1500 leet with compatible transmitter
3. Powered by 12 vDC external source
4. On - Off power switch
5. Receive signal indicator
6. Sensiti~ty/mute level adjustment~
.....
7. Power on indicator
8. Audio output adjustment
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9. Audio output cable hard wired terminating with 1/8" male plug
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10. Fold down retractable antenna
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11. Audio n~ls~e,1JA'!Flellin,Halled
::' II 1,:1 ;, H :J .I. S ,,, ~; '.1:l 'J 1 II / I ~,1 J. ::: ',I .:J 1.1 fJ .~I ~
0~:60 ~661/17-"131
a Ii: F's::-:~~kr C0l1troller~82Sc'.; 892 681:'
1.lt}ISt::6 26-T2-DT ~ (;:110<:', ~1::lIdo:)::n::l.L XO~::lx:),g (,D~
The camera controller shall be enclosed ill a high impact shell. It shall include the
following features: '
1. TlU11 the system on and begin recording with one switch.
2. Have the ability to turn on the system and begin recording when the patrol car
emergency lights are activated.
Mounting Bracket and Camera Mount
The mounting bracket shall be designed to house ail components of tile mobile video
system except the wireless microphone tra.nsmitter arid the accessories listed hereinafter
specified. '
Bracket surfaces and bracket accessories shall have a non-glare coating, and all edges and
comers shall be rounded smooth. Monitor case shall have mbber protective edge molding
pennanently installed.
The bracket shall be designed to mount the video unit on the top and the face of the
dashboard of any and all specified co~ternporary pOlice sedans and include all assembly
and mounting hardware to do so.
All electrical component~ shaH be securely fastened w~ing rec10sable fasteners rated at no
less than 4 Ibs. tensile/sheer strength or bolted directly to the mounting assembly
The camera mount shall be securely attached to the top of the mounting bracket and offer
the following features and capabilities:
1. 360 degree rotation of the camcorder on the horizontal plane~ the vertical plane,
and the lateral plane. .
2. Movement lock at dIe a:x.i~ of each of tlie three points of rotation.
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3. Thumb screw securing camera to mount.
4. Camera stabilizer plate of appropriate .length .for carncra base.
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Electrical System
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All elecuical components of the mobile video camera unit SIHlll be completely integrated to
operate from a single fll~ed 12 vDC power input source.
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The electrical system shall provide tJle necessary regulated power source to each
compohent.
All connections shall be properly soldered and properly insulated.
Accessories
TIle following items shall be required bult not mounted or attached to the unit mounting
bracket:
1. One (1) 9 vDC NiCad battery char~er.
2. Three (3) rechargeable 9 vDC NiCad batteries.
3. One (1) duplex adaptor for vehicle cigarene lighter.
Deliver)' Conditions
The camera shall be delivered in the hard case, which also must contain the following
items, previously described:
1. One 0) VHS(c) vide{)tape
2. VHS(c) - VHS adaptor with battery inst.alled
3. AC battery charger
4. One (l) one hour battelY
5. lllree (3) wire ties
6. Ons,.O). package of fuses for master power input
,...,
7. Microphone, transmitter and pouch . .'.
8. Three (3) rechargeable 9 vDC NiCad batteries, one to be installed in transmitter
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9. Duplex outlet adapter fOf cigarette lighter.
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The bracket shall be delivered with the following 1l1ounted or attached to it:
1. Video monitor
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2. RF converter
3. Camera mount
4. Stabilizer plate
5. Microphone receiver
6. Wiring harness, including noise filter and 12 vDC - 6 vDC power convelter
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operate with minimal assembly.
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THE HUNDRED CLUB
OF HOUSTON. INC.
BOARD OF DIRECTORS
LEROY MELCHER
, CHAIRMAN OF THE BOARD
FRED GEBHARDT
PRESIDENT
N. M. 'MACK' BROWN
MORTON A. COHN
JACK MOORE MD.
VICE PRESIDENTS
HOWARD D. MOON
, SECRETARYITREASURER
ROBYN ADAIR
K. S. "BUD' ADAMS. JR.
SID .\OGER
,GEORGE R. BOLIN
JOHN A. [JRANIFF
, JAMES M. 'JIM' CLEPPER
JAMES R. GRAVES
A. T. HERRIN
FARRELL G. HUBER. JR.
L. BflYAN HUTCHESON
CLARENCE F. KENDALL. II
RICHARD C. KURIGER. III
H STUART LANG. JR.
CHARLES F. MILSTEAD
DAVID H. MORRIS
MARK NIELSEN
DAVID O' BANNON
ROBERT E. PAINE. III "'
CLAY A. PARKER
JOHN F. RADER. III
JESSE SHARMAN
H. WAYNE TAYLOR
TONY VALLONE
ED WHITE
CHARLIE D. WORTHEN
HONARARY LIFE CHAIRMEN
R. 1. HERRIN
H. STUArH LANG. JA.
DAVID H. MORRIS
CHARLIE D. WORTHEN
EXECUTIVE DIRECTOR
MARY COOPER
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THE HUNDRED CLUB OF HOUSTON, INC.
(713) 790-0100
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6910 FANNIN
SUITE 1 02
HOUSTON, TEXAS 77030-3806
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August 15, 1994
Chief Bobby L. Powell
La Porte Police Department
P. O. Box 846
La Porte, Texas 77571
RECEIVEQ
AUe 2 2 fOOd
CITY ~.;..".
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Dear Chief Powell:
~ The Hundred Club of Houston, Inc. Board of Directors met on
August 2, 1994 and reconsidered your request for radio
equipment.
~ We find that we must consider all requests carefully with
regard to the overall percentage that would be required for
that request from our annual equipment budget. We
. appreciate the effort that was made to bring the request
i .from the original $128,000 to the amended $95,289. The
. Board of Directors voted to fund half of the cost of your
~ communications equipment ($47,500) if you could fund the
~
r other half by June of 1995.
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We sincerely hope you will understand this decision.
luck and success in your vital operations.
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~ Cordially,
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Fred Gebhardt
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~ President
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cc: Lt. C. H. Crisp
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'9f.e. 100 C[ub p~olJide.~ fwul~ to widoUH and c(,ldwl of CJJe.<Jee. Dffice.u (1I(,0 [Oil!. tl;e.i~ Lit.o
in the. line. of cluE!}. [It ,JjO /nolJid.e." e.JucaiiOlw[ O/l/W~tWl;til!.1 ami [,-!~ ,<Il;;".(! ~aUl"/J'U'1. "
THE HUNDRED CLUB
OF HOUSTON. INC.
SOARD OF OIRECTORS
LEROY MELCHER
CHAIRMAN OF THE BOARD
FilED GEBHAllIlI
I'IlESIUEN r
N. M. 'MACK' BROWN
MORTON A. COHN
JACK MOORE M.D.
VICE PRESIDENTS
HOWARD D. MOON
'SECRETARynREASURER
ROBYN ADAIR
K. S. "SUO' ADAMS. JA.
SID ADGER
GEORGE A. BOLIN
JOHN R. BRANIFF
JAMES M. 'JIM' CLEPPER
JAMES A. GRAVES
R. T. HERRIN
FARREll G. HUBER. JR.
l. BRYAN HUTCHESON
'ClARENCE F. KENDAll. II
RICHARD C. KURIGER. III
H. STUART LANG. JR.
, CHARLES F. MILSTEAD
OAVID H. MORRIS
MARK NIELSEN
DAVID O' BANNON
ROBERT E. PAINE. III
CLAY A. PARKER
JOHN F. RADER. III
JESSE SHARMAN
H. WAYNE TAYLOR
TONY VAllONE
ED WHITE
CHARLIE D. WORTHEN
HONARARY liFE CHAIRMEN
R. T. HERRIN
H. STUART LANG. JA.
DAVID H. MORRIS
CHARLIE D. WORTHEN
EXECUTIVE DIRECTOR
MARY COOPER
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THE HUNDRED cwe OF HOUSTON, INC.
(713) 790-0100
6910 FANNIN
SUITE 102
HOUSTON, TEXAS 77030-3806
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,} June 13,
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1994
Chief Bobby L. Powell
La Porte Police Department
P. O. Box 846
La Porte, Texas 77571
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· Dear Chief Powell:
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, Mary Cooper
; Executive Director
I ::;psLt. c. H. ~risp
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Your request for a modular radio console system has been
received and will be submitted to the Finance and Request
Committee.
You and your representative are invited to attend the next
meeting to formally present your proposal. The meeting will
be on Tuesday, June 28, 1994 at 11:30 a.m. in the private
dining room of the Confederate House Restaurant, 2925
Weslayan. We will have lunch and following your
presentation, you may feel free to go.
Your request will be acted upon by the committee and then
presented to the Board of Directors for their consideration.
You will be notified as to the decision of the Board.
'fJhl!. 100 (![ub-/nolJ~J- fundJ- to widowJ- and ch;[d~1!.n of:pl!.Cl='()fficL~J- who [oJ-I!. tf,l!.i~ /llJH
in thl!. [inl!. of dut!). [ft afJ-o InolJidu ullJ.l!a1ionaf oNo~tuni1i.c.1 and /lfl!. 1alJing I!.'fWfmLnt. .
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April 26, 1994
IMr. Fred Gebhardt, President
IThe Hundred Club of Houston, Ine.
6910 Fannin, Suite 325N
Houston, Texas 77030
Dear Mr. Gebhardt
:.1
The City of La Porte is requesting your assistance in acquiring a new modular radio console
system for our Police Department Communications Center. Our existing radio console, a
Motorola Modcom, was installed in. 1974, and as a result has become obsolete when
compared to the technological advances over the last twenty years. Not only is the present
console system incompatible with modem technologies, most major repair parts for this
model are no longer available. The reliability of our console becomes more questionable
as time passes, since its age places our responsiveness to the citizens of the "communities we
serve in jeopardy, while at the same time giving a false sense of safety to our Police Officers.
The safety of our Police Department personnel will be enhanced with a new modular radio
console which would provide a method of constantly monitoring an officer's location and
status. The purchase of a new radio console in today' s market is approximately $128,000.
The La Porte Communications Division of the Police Department is responsible for dispatch
service not only to the City of La Porte, but also, to the City of Morgan's Point and the
City of Shoreacres, an area of approximately thirty (30) square miles. Harris County
Constable Precinct 8, the Texas Highway Patrol, and the Texas Parks and Wildlife
Department are additional users of La Porte's radio frequency.
The projected benefit to those relying on La .Porte ' s communications system would be an
efficient and responsive method of monitoring an officer's location and status. This would
result in greater protection for the officers and the community.
Mr. Fred Gebhardt
April 26, 1994
Page 2
,
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With the assistance received by an organization such as the Hundred Club of Houston, many
small to mid-size communities such as the City of La Porte are better able to protect their
citizens and officers with technologies that normally are only afforded by larger
communities.
Please consider our request favorably. With your support, a difference will be made to
enhance the safety of our police force as they carry out their duties to protect and serve.
Sincerely,
Bobby L. Powell
Chief of Police
BLP Icjb
cc Robert T. Herrera, City Manager
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