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HomeMy WebLinkAbout1995-11-27 Regular Meeting• MINUTES OF THE REGULAR MEETING OF LA PORTS CITY COUNCIL NOVEMBER 27, 1995 1. 2. 3. 4. CALL TO ORDER The meeting was called to order by Mayor Norman L. Malone at 6:00 P.M. Members of City Council Present: Mayor Norman L. Malone, Councilpersons Guy Sutherland, Mike Cooper, Bob Thrower, Bob McLaughlin, Alton Porter, Deotis Gay, Jack Maxwell and Jerry Clarke Members of Council Absent: None Members of Citv Staff Present: Assistant City Manager John Joerns, City Attorney Knox Askins, City Secretary Sue Lenes, Director of Finance/ACM Jeff Litchfield, Director of Administrative Services Louis Rigby, Director of Public Works Steve Gillett, Assistant Public Works Director Buddy Jacobs, Director of Planning Guy Rankin, Assistant Finance Director Cynthia Alexander, City Engineer Fred Thompson, Chief Building Official Mark Lewis, Solid Waste Superintendent Phil Webb Others Present: Jim Cummins, Jackson Hooper, and Steve Chandler representing J.A.C. Interests, Inc., Star Scout Emie Kamp member of La Porte Boy Scout Troop 514 and his mother Kim Kamp, and several La Porte citizens INVOCATION BY REV. DAVID COCHRAN - LA PORTS WORSHIP CENTER Rev. David Cochran pastor of La Porte Worship Center delivered the invocation. CONSIDER APPROVING MINUTES OF REGULAR MEETING NOVEMBER 13, 1995 Motion was made by Councilperson Clarke to approve the minutes of September 26 as presented. Second by Councilperson Cooper. The motion carried, 8 ayes, 0 nays, and 1 abstain. Ayes: Councilpersons Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None Abstain: Councilperson Sutherland PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL There were no citizens wishing to address Council. Mayor Malone called on Star Scout Ernie Kamp of Boy Scout Troop 514, and his mother Kim Kamp to stand and introduce themselves to Council. Ernie is working on his citizenship badge and is attending the meeting to observe Council in action. 5. CONSIDER APPROVAL OR OTHER ACTION REGARDING RESOLUTION ESTABLISHING THE POLICY OF THE CITY COUNCIL OF THE CITY OF LA PORTS CONCERNING AN ORDINANCE VACATING, ABANDONING AND CLOSING ALLEYS, AS REQUESTED BY J.A.C. INTERESTS, INC. (Res. 95-12) - J. Joerns Asst. City Manager John Joerns reviewed the summary and recommendation for the request. Mr. Joerns introduced the representatives for J.A.C. Interests, Inc., Mr. Jackson Hooper, Mr. Steve Chandler and Mr. Jim Cummins. A presentation was made to Council by Mr. Jim Cummins on behalf of Kroger's and J.A.C. Interests, Inc. regarding their planned development. Minutes Regular Meeting La Porte City Council November 27, 1995, Page 2 City Attorney read: RESOLUTION 95-12 - A RESOLUTION ESTABLISHING THE POLICY OF THE CITY COUNCIL OF THE CITY OF LA PORTS CONCERNING "AN ORDINANCE VACATING, ABANDONING AND CLOSING ALLEYS WITHIN BLOCKS 865, 899 AND 900, TOWN OF LA PORTS, AND FURTHER VACATING, ABANDONING AND CLOSING PORTIONS OF THE SOUTH 12TH STREET, SOUTH 13TH STREET, AND WEST "I" STREET RIGHTS-OF-WAY, IN THE TOWN OF LA PORTS, HARRIS COUNTY, TEXAS;" FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councileerson Cooper to approve Resolution 95-12 as read by the Cit~Attorney. Second by Councilperson Porter. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke, and Mayor Malone Nays: None Mayor Malone closed the Regular Meeting at 6:18 P.M. to conduct three (3) Workshops. 6. WORKSHOP - A OPEN WORKSHOP MEETING - A A. REVIEW CONCEPTS FOR DEVELOPMENT OF AREA WEST OF SH 146 BETWEEN WEST D AND FAIRMONT PARKWAY CLOSE WORKSHOP A Mayor Malone opened Workshop A -REVIEW CONCEPTS FOR DEVELOPMENT OF AREA WEST OF SH 146 BETWEEN WEST D AND FAIRMONT PARKWAY at 6:19 P.M. Planning Director Guy Rankin reviewed with Council the purpose of the Development Plan. (See Exhibit A. Executive Summary; Exhibit B. State Highway 146 at Fairmont Parkway Development Plan; and Exhibit C. Conceptual Development Map.) Mr. Rankin said, "Staff wanted to come before Council and get your blessing before we go out to the property owners. Staff needed to see what engineering could be done to the bayou and talk to property owners. " After Council discussion, Mayor Malone asked if anyone in the audience had questions. There being none, Mayor Malone closed Workshop A at 6:28 P.M. 7. WORKSHOP - B OPEN WORKSHOP MEETING - B A. REVIEW REPORT REGARDING INSPECTION DIVISION'S EFFORTS TO IMPROVE CODE COMPLIANCE CLOSE WORKSHOP - B • Minutes Regular Meeting La Porte City Council November 27, 1995, Page 3 • Mayor Malone opened Workshop B -Review Report Regarding Inspection Division's Efforts to Improve Code Compliance at 6:29 P.M. Chief Building Inspector Mark Lewis reviewed the Code Enforcement Overview (Exhibit A) with Council and stated, "Inspection Services Division is working very diligently to help improve the appearance of La Porte through our efforts in Code Enforcement." Mr. Lewis passed out photos of typical types of code violations for Council's review. Asst. City Manager John Joerns stated, "The objective is to develop a plan to be more pro-active in our approach to improving code compliance in the City of La Porte and for handling some of the City's more chronic cases. We are very conscience of citizens and the problems they have. We have worked with these citizens to try to resolve these problem, although we were unable to resolve some cases. We are now hearing from citizens and Council regarding a better turn around time and the wish to resolve a higher volume of cases. We will not lose willingness to work with a person. We are still going to have that pro-active customer relationship that the City has always promoted. We are trying to keep Council informed on procedures, be more active, improve our methodology and our way of handling cases. This is something staff will implement based on what we hear from Council tonight." Councilperson Sutherland asked City Attorney Knox Askins if someone is convicted of a violation how much will it cost the City to prosecute, and how much will it cost the citizen in mandatory court costs? Mr. Askins said, "There should not be a lot of extra burden of cost on the City's part for the prosecution of these cases. Most of the preparation of the cases is done by City staff, and the cases will be prosecuted by City staff. I will look into the question of the mandatory court cost to the citizen and give Council a memo in that regard." After Council discussion, Mayor Malone asked if anyone in the audience had questions. There being none, Mayor Malone closed Workshop B at 7:32 P.M. 8. WORKSHOP - C OPEN WORKSHOP MEETING - C A. REVIEW PROPOSED CHANGES TO SOLID WASTE ORDINANCE CLOSE WORKSHOP - C Mayor Malone opened Workshop C -Review Proposed Changes To Solid Waste Ordinance at 7:33 P.M. Public Works Director Steve Gillett reviewed the Executive Summary (Exhibit A) with Council. He stated, "The existing Solid Waste Ordinance is a combination of seven ordinances which have been passed by Council over the years. " Mr. Gillett presented a slide show to accompany the workshop presentation. The presentation illustrated the changes which have taken place in the City since the population was 7,000 people. Mr. Gillett reviewed the proposed ordinance and brought Council's attention to the proposed changes. The proposed ordinance incorporates all of the functional aspects of previous ordinances, updates our language to conform to existing practices, state and federal regulations, and modifies our existing practices to effectively manage collection and disposal of solid waste in a business like manner. Mr. Gillett gave Council illustrations of some of the things which staff face every day. Mr. Gillett and Mr. Joerns reviewed with Council the reasons for the new ordinance and the changes it will bring to the manner in which the City of La Porte does business in regards to garbage, trash collection, and recycling services. Minutes Regular Meeting La Porte City Council November 27, 1995, Page 4 After Council discussion, Mayor Malone asked if anyone in the audience had questions. There being none, Mayor Malone closed Workshop C at 9:08 P.M. Mayor Malone reconvened the Regular City Council Meeting at 9:09 P.M. 9. ADMINISTRATIVE REPORTS Asst. City Manager John Joerns thanked staff who worked on the three workshop items tonight. Couple of these are follow-up items from last years retreat where we told you we would be modernizing the Solid Waste Ordinances. The planning concepts are something we have been dealing with for over a year. The Code Enforcement item will receive some brushing up by staff on the intent and approach. We are very serious about following Council's objectives and, meeting their goals in all of these areas. 10. COUNCIL ACTION Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, and Mayor Malone brought items to Council's attention. Mayor Malone announced that Bill Harry, the City of La Porte nominee, was elected to the Board of Directors for Harris County Appraisal District, and Charles Garrison was elected to represent the School Districts on that Board. 11. EXECUTIVE SESSION -PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084, TEXAS GOVERNMENT CODE, - (CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIRT OR DONATION, PERSONNEL MATTERS, CONFERENCE WITH EMPLOYEES, DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION) There were no items to be discussed in an executive session, therefore none was held. 12. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION There were no items to be considered in an executive session, therefore there was no action required for item 12. 13. ADJOURNMENT There being no further business to come before Council, the meeting was duly adjourned at 9:17 P. M. Respectfully submitted, Sue Lenes Cit Secrets V Y rY Minutes Regular Meeting La Porte City Council November 27, 1995, Page 5 Passed and Approved this the 11th day of December, 1995 1 f ~~ v Dorman L. Malone, Mayor ~ ~ • • • RE VEST FOR CITY COUNC GENDA ITEM Agenda Date Requested: November 27. 1995 Requested By: Guy Rankin ~ Department: Planning Report X Resolution Ordinance Exhibits: Resolution Draft Ordinance (Exhibit A) SUMMARY & RECOMMENDATION J.A.C.Interests, Inc. (JAC) has filed an application with the City for vacating approximately 4 acres of vazious streets and alleys. JAC is the developer that has received approval of a Preliminazy Plat for the Kroger -Fairmont Pazkway Center Subdivision from the Planning and Zoning Commission. This street and alley closing is fairly complicated. Besides the normal reviews, determination of market value, and consent of adjacent property owners, it involves retaining two temporazy easements (one for H.L.& P. and one for the City) while utilities are being relocated. To date, all the matters necessary for consideration of an ordinance vacating and closing the streets and alleys have not been resolved. JAC would like, however, a sense of the Council on this matter so that they have a greater comfort level as they spend more time and energy in completion of their negotiations. Staff has prepazed a Resolution for Council's consideration. The Resolution, if passed, would express Council's intent to pass an ordinance in substantially the form presented in Exhibit "A",once all matters relating to the requirements of Chapter 21, Article III of the Code of Ordinances for vacating and abandoning streets and alleys has been met. Action Required by Council: Consider approval of a Resolution expressing policy and sense of Council relating to the application filed with the City by J.A.C.Interests, Inc. for vacating approximately 4 acres of various streets and alleys in conjunction with the development of the Kroger -Fairmont Pazkway Center Subdivision. Availability of Funds: N/A _ General Fund _ Water/Wastewater _ Capital Improvement _ General Revenue Shazing Other Account Number: Funds Available: YES NO Approved for City Council Agenda • • RESOLUTION NO. 95- 12 A RESOLUTION ESTABLIBHING THE POLICY OF THE CITY COUNCIL OF THE CITY OF LA FORTE CONCERNING "AN ORDINANCE VACATING, ABANDONING AND CLOSING ALLEYS WITHIN BLOCKS 865, 899 AND 900, TOWN OF LA FORTE, AND FURTHER VACATING, ABANDONING AND CLOSING PORTIONS OF THE SOUTH 12TH STREET, SOIITH 13TH STREET, AND WEST "I" STREET RIGHTS-OF-WAY, IN THE TOWN OF LA FORTE, HARRIS COUNTY, TEBAS;" FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA FORTE: Section 1. J.A.C. Interests, Inc. has filed an application with the City of La Porte for the vacating, abandoning and closing of certain alleys and street rights-of-ways, and more particularly described in a draft ordinance attached hereto as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes. Section 2. The City Council of the City of La Porte, by the passage of this resolution, expresses its policy and the sense of the City Council, that an ordinance in substantially the form attached hereto as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes, shall be passed by the City Council of the City of La Porte upon compliance by the applicant with all the requirements of Chapter 21, Article III, of the Code of Ordinances of the City of La Porte for the vacating, abandoning, and closing of alleys and street rights-of-way within the City of La Porte, including, but not limited to, agreement between the applicant and the City of La Porte, on the amount of consideration to be paid by the applicant to the City of La Porte as the fair market value of said alleys and street rights-of-way. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the • • RESOLIITION NO. 95- 12 Page 2 City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Resolution shall be effective from and after its passage and approval. PASSED AND APPROVED this 27th day of November, 1995. CITY OF LA PORTE Norman L. Maldne, Mayor ATTEST: - Sue Lenes, City Secretary /;: APPR~ED : ~ ~' ~~ ~ ' ~ ; ,~n~. Knox W. Askins, City Attorney • ORDINANCE NO. 95- AN ORDINANCE VACATING, ABANDONING AND CLOSING ALLEYS WITHIN BLOCKS 865; 899; 900, TOWN OF LA PORTS, AND FURTHER VACATING, ABANDONING, AND CLOSING PORTIONS OF THE SOUTH 12TH STREET, SOUTH 13TH STREET, AND WEST "I"STREET RIGHTS-OF-WAY, IN THE TOWN OF LA PORTS, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by record owners of all of the properties abutting the hereinafter described alleys within Blocks 865; 899; 900, Town of La Porte, and further vacating, abandoning, and closing portions of the South 12th Street, South 13th Street, and West "I"Street rights-of--way, in the Town of La Porte, Harris County, Texas, to vacate, abandon, and permanently close the alleys within Blocks 865; 899; 900, Town of La Porte and further vacating, abandoning, and closing portions of the South 12th Street, South 13th Street, and West "I"Street rights-of--way; and WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine and declare that the hereinafter described alleys within Blocks 865; 899; 900, Town of La Porte, and further vacating, abandoning, and closing portions of the South 12th Street, South 13th Street, and West "I"Street rights-of--way, Town of La Porte, Harris County, Texas, are not suitable, needed, or beneficial to the public as public roads, streets and alleys, and that the closing of the hereinafter described alleys within Blocks 865; 899; 900, Town of La Porte, and further vacating, abandoning, and closing portions of the South 12th Street, South 13th Street, and West "I"Street rights-of--way, Town of La Porte, Harris County, Texas, is for the protection of the public and for the public interest and benefit, and that the hereinafter described alleys within Blocks 865; 899; 900, Town of La Porte, and further vacating, abandoning, and closing portions of the South 12th Street, South 13th Street, and West "I" Street rights-of--way, should be vacated, abandoned, and ~~ci-rrB~' A .. • .7 .. 'i Ordinance 95- Page 2 of 4 permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Under and by virtue of the power granted to the City of La Porte under its Home Rule Charter and Chapter 13, Title 28, Article 1175, of the Revised Civil Statutes of the State of Texas, 1925, the hereinafter described alleys within Blocks 865; 899; 900, Town of La Porte, and further vacating, abandoning, and closing portions of the South 12th Street, South 13th Street, and West "I" Street rights-of--way, Town of La Porte, Harris County, Texas, are hereby permanently vacated, abandoned and closed by the City of La Porte, to-wit: Being the entire alleys located within the Town of La Porte, Blocks 865; 899; 900. Said alleys being further described by map illustration attached to this ordinance, identified as Exhibit "A" and fully incorporated by reference herein; Further being the entire 13th Street Right-of--Way between Town of La Porte Blocks 865 and 866; 899 and 900 from North right-of--way line of Fairmont Parkway to the South right-of--way line of West "H" Street. Said property being further described by map illustration attached to this ordinance, identified as Exhibit "A"and fully incorporated by reference herein; Further being the entire 12th Street Right-of--Way between Town of La Porte Blocks 168 and 865; 169 and 900 from the North right-of--way line of Fairmont Parkway to the South right-of--way line of West "H" Street. Said property being further described by map illustration attached to this ordinance, identified as Exhibit "A"and fully incorporated by reference herein; Further being the entire West "I"Street Right-of--Way, between Town of La Porte Blocks 866 and 899; 865 and 900; 168 and 169 from the West right-of- way line of State Highway 146 to the East right-of--way line of 14th Street. Said property being further described by map illustration attached to this ordinance, identified as Exhibit "A" and fully incorporated by reference herein; Provided, however, the City of La Porte retains a temporary easement for the operation of an eight inch (8 ") sanitary sewer main located in that portion of • • DRAFT Ordinance 95- Page 3 of 4 the West "I"Street Right-of--Way located between the East right-of--way line of South 14th Street and the West right-of--way line of South 12th Street, said easement being further described by map illustration attached to this ordinance, identified as Exhibit "B"and fully incorporated by reference herein. Said easement shall be retained until such time as a replacement sewer main has been constructed, accepted by the City of La Porte, and placed in service. At such time as the above conditions have been satisfied,. this temporary easement shall be permanently abandoned together with all rights appurtenant thereto. Further provided that the City of La Porte, for benefit of Houston Lighting and Power Company, a duly authorized franchise utility company of the City of La Porte, retains a temporary aerial and ground utility easement for the operation of electrical service lines located in the alleys of Town of La Porte Blocks 865 and 900, bounded by the North right-of--way line of Fairmont Parkway, crossing the West "I "Street Right-of--Way, and bounded by the South right-of--way line of West "H"Street. Said easement being further described by map illustration attached to this ordinance, identified as Exhibit "C"and fully incorporated by reference herein. Said easement shall be retained until such time as replacement electrical utility lines have been constructed, accepted by Houston Lighting and Power Company and placed into service. At such time as the above conditions have been satisfied, this temporary easement shall be permanently abandoned together with all rights appurtenant thereto. Section 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. • • Ordinance 95- Page 4 of 4 Section 3. Applicant shall have thirty (30) days from the date of the final passage of this ordinance to pay the City in certified funds the sum of $ as consideration hereunder. Further provided that no construction of public improvements within the Kroger -Fairmont Parkway Center Subdivision shall commence until such time as payment is made. If such payment has not been paid within the thirty (30) day period specified, this ordinance shall be null and void. PASSED AND APPROVED, this day of .1995. CITY OF LA PORTE BY Norman L. Malone, Mayor ATTEST: City Secretary APPROVED: City Attorney 1~~2 7 ~U~ ~- 0 1~~8 FAIRMO 0 100 200 400 1 ° = 200' ~~I ~~ i~ ~~ ® ~~ STREETS & ALLEYS TO BE CLOSED ... EXHIBIT nQa 1~~ C~ ~ C~ ~ 8 2~ 8~ ~ 8 4 N 1~ ~- ~- 5 l W. "H" ST. ~ 8 6 8 5 _ ~ EXISTING SANITARY SEWER LJNE 1 U ~~ ~~ ~ W. I ST. i ~ • s ~ i ~ ~ ! , ~ _ 8 8 1 8 9 9 ~0 ~ 1 `~ FAIRMO T PARKWAY ...... ~a EXIST. SAN. SEWER LINE : EXIST. SAN. SEWER MANHOLE 0 100 200 400 : ~~~~ . n n ..... ............................EXHIBIT B ," 200' I°~~ C~ ~- 8 3 ~ C./) ~ ~ ~ ~ g 4 N ~~ ~s gag FAIRMO W. " H" ST. EXIST. H.L.& P. ELECTRICAL UNE ~I i~ ~, i i g~- i ~ ~, J ~, i -- ~~ir~ ~i !~ i ~ i ,!_ ~~~ P"i?KN'AY i '-~ _- EXISTING H.L.& P. OVERHEAD ELECTRICAL SERVICE UNE - E 0/H 0 100 200 400 ~° = 200' .... . EXHIBIT °C° • • • C WORKSHOP - A • • Executive Summary State Highway 146 at Fairmont Pkwy. Development Plan The City, property owners and brokers have been involved in preliminary discussions regarding the development of a plan to provide access & infrastructure to land locked owners. The attached report is designed to address the infrastructure and old grid-system of "lots & blocks" that remain obstacles in developing the azea. The following concepts have been discussed and appear to have support of the property owners. If Council agrees with this "Development Plan" concept, then our next step would be to visit with the property owners to solicit their views of a plan that minimizes infrastructure cost necessary to serve the azea and maximizes potential for development. The principle features of the Development Plan are: A) Agree to a conceptual roadway & utility layout that provides service to each major tract. Recognize that further extensions of roads & utilities will be defined by further subdivisions of property & building layouts. B) Agree to a conceptual street closing plan that provides public access to property owners and at the same time removes the burden of developing the grid system and provide for larger uninterrupted tracts of land for development. C) Agree to exchange where possible street & alley rights-of--way for rights- of-way necessary for future channeUfloodway improvements; and promote use of these rights-of--way as park pedestrian ways. D) Provide the neighborhood to the north of the area with adequate buffers and promote the use as a pedestrian way. . E) Utilize the revenues from the street & alley closings & front foot fees to develop primary infrastructure within the azea, and secondary improvements azound the perimeter. (i. e. improved streets, turning lanes etc.) Council by policy already utilizes revenues from street and alley closings and front foot fees for capital improvements. What we aze promoting with this plan is a further commitment to utilize all or a significant portion of these revenues to provide the support infrastructure within this particular azea. • • State Highway 146 at Fairmont Pkwy. Development Plan The purpose of the Development Plan is to create a planning and financing mechanism that stimulates economic growth and development by providing the necessary infrastnrcture to open access to previously unnerved areas most likely to develop if infrastructure were available. The area encompassed by this plan is bounded by Fairmont Parkway to the south, S.H. 146 to the east, S. 16th St. to the west and W. "D" St. to the north (See Exhibit A). This acreage provides economic growth opportunities for business development for three primary reasons. • The area encompasses two major thoroughfares in LaPorte, including State Highway 146. • The area could accommodate a variety of new development including both commercial and light industrial uses. • The area represents an opportunity to develop underutilized commercial and light industrial property. In order to promote the future growth of this area, two primary issues must be addressed. The first of which is lack of infrastructure within the area_ Roadways, sanitary sewer systems, and water lines are currently available only along the perimeter of the area, The foundation for future development of this area is the extension of infrastructure to serve the Development Zone. The creation of this Development Plan enhances the City's ability to provide infrastructure development in the area, thus causing approximately 100 acres of land that remains underutilized or "landlocked" to have the infrastructure in place for development. The Development Plan controls infrastructure spending by pre-planning major infrastructure development in the area, which allows all property owners within the area to benefit from road, water, and sewer access at a minimum cost to the city. 1 • • Moreover, the Development Plan has the potential to create an economic stimulus in the azea, thus providing jobs for our citizens and an increased tax base for the city by attracting both commercial and industrial uses. The second issue in promoting development of this azea relates to the existing grid system of open, undeveloped, and unutilized street right-0f--ways and alleys. These public right-of-ways account for approximately 28 acres of land. Many developments such as retail shopping centers, and industrial pazks will require lazger areas for development than is available within the limits of a typical city block. The closing of this existing public right-of-way would create lazger tracts of land more appropriate for larger general commercial and light industrial developments. By closing unutilized streets and alleys and providing infrastruchue, the city would facilitate the development of approximately 57 acres of prime commercial and light industrial property. Currently, the zoning of this azea consists of Light Industrial (LI) and General Commercial (GC). Light Industrial accounts for approximately 3/4 of the total zoning and occupies the majority of the interior acreage. General Commercial zoning currently abuts blocks fronting along the north side of Fairmont Pazkway and the west side of S.H. 146. The process of laying the groundwork for development of this azea will require building a cohesive partnership between the City of La Porte, the development community, and the owners of property. The first step in building this partnership requires the formation of a conceptual development plan by the city and property owners. This preliminary plan will then be reviewed by the Planning and Zoning Commission who will continue to work with property owners and city staff to finalize the Development Plan The initial efforts by the City and property owners should have a positive effect toward facilitating future business development. Development in the northwest area of S.H 146 at Fairmont Pazkway would increase City revenue base through enhanced property tax values, increased sale tax receipts, as well as employment opportunities for its citizens. 2 Furthermore, the growth of business in the Development Zone should be the catalyst for new development adjacent to the area. The closing of approximately 70% of the existing undeveloped public right-of-way in the aforementioned area would not only benefit commercial development but also generate approximately $500,000 in revenues to the City of La Porte's General CIl' Fund. Preliminary layouts anticipate 3000 LF of roadway improvements at a cost of approximately $420,000. Preliminary estimates indicate receipts from water front foot fees would be approximately $97,400 with receipts from sanitary sewer front foot fees amounting to approximately $93,400 for a total of $190,800 to the City of La Porte's Utility CIP Fund. Preliminary layouts anticipate 6300 LF of sanitary sewer improvements at a cost of approximately $125,000; and 8300 LF of water line improvements at a cost of approximately $115,000 for a total of $240,000. Staff request approval of the Development Plan concept to actively move forward with property owners in the creation of an action plan for the proposed area. Upon completion of meetings with property owners and the Planning and Zoning Commission, staff will request Council adoption of the Development Plan. 3 cn cfl O cn FAIRMONT PARKWAY O 0 .ND UER UNE E HYDRANT TARY SEWER iWR. MANHOLE ROADWAY EXISTING ROADWAY eamoARr oT ate. A~tFAGE iRACrs CONCEPTUAL DEVELOPMENT ~a~s ~ ~~IP • • • . WORKSHOP - B • Code Enforcement Overview I. Introduction As a division of the Planning Department, Inspection Services is charged with the enforcement of a variety of City ordinances. The specific ordinances enforced by the division can be broken into three categories: Building and construction codes; Zoning and Development ordinances; Code Enforcement ordinances. This summary will primarily deal with Code Enforcement. In broad terms, code enforcement deals with issues of public nuisance. Specific examples of code enforcement related activities are: • Dangerous Building abatement • Junk vehicle removal • Weed mowing program • Private property cleanup • Correction of unsanitary conditions The reasons code enforcement is important to the City of La Porte are: • The blighting influence of public nuisances such as weeds, junk vehicles, and abandoned buildings can depress property values and discourage economic development. • Public nuisances harbor and provide breeding grounds for rodents, insects, and other vermin that spread disease. Continuation of public nuisances can result in real and serious health hazards. • Blight undermines and depresses civic pride. Council recognizing the need for an increased level of nuisance abatement within the City, authorized an additional Inspection Services position in the fiscal year 1995 budget. It has been filled as a secretarial position. The additional secretary has significantly reduced the time inspectors have spent providing their own clerical support. It has increased the time inspectors are able to spend in the field and in conjunction with an organized approach to nuisance abatement, has increased overall divisional efficiency. It is also furthering the Division's goal of reducing the time necessary to resolve public nuisance violations. 1 • II. Case Resolution • Although the reasons for engaging in an active enforcement program aze clear, there is frequently some degree of resistance on the part of the tenants or property owners to correcting violations. Although the vast majority of code enforcement cases have historically been resolved without the need to go to court, or expend City funds, resolution has often involved several visits with the property owner, or tenant. While this approach does help foster a degree of good will, it can take quite a bit of inspector time. As a result, the total number of cases that can be worked is reduced. A key change in the Division's approach to these violations will be to move unresolved cases to Municipal Court as quickly as ordinance will permit. While this represents a somewhat stricter approach to enforcement, we feel that it will improve resolution time and increase the number of cases that can be worked, translating to a greater number of nuisances and eyesores being eliminated from the City. The Inspection Services Division is taking the following steps to increase the abatement of nuisance violations within the City. They are as follows: Sectors: For organizational purposes, the City has recently been split into sectors. In addition to working scheduled construction inspections and written complaints, each inspector is asked to, within tazgeted sectors, spend at least one how per day identifying and working code enforcement violations. Warning Tickets: The division's inspectors now issue wazning tickets for certain types of violations. In previous yeazs, notices of violations were given by means of certified mail. When inspectors aze able to make personal contact with tenants, or property owners, wazning tickets aze issued. These tickets serve as formal notice of violation. This system saves the time spent waiting for letters to be delivered and "geen cards" to be returned to the City. In cases where personal contact cannot be made, certified mail will continue to be utilized. (mowing notices for vacant properties aze and will continue to be given via regulaz mail.) Turn azound/Resolution Time: The division is in all cases striving to reduce the time period between identification of a violation and its abatement. In order to achieve this goal, the following steps are being taken. 2 • • 1. Formal violation notice (warning ticket or certified letter) is to be given at time of first inspection. There will be no verbal warnings for clear cut violations. 2. If a violation has not been completely abated by the time of recheck, a court citation will be issued, or a contractor authorized to begin work to abate the violation. 3. The length of time to be given for abatement of a code enforcement violation is specified on the warning ticket or certified letter. These abatement periods range from zero to thirty days depending on the type and seriousness of the violation. The average abatement period is ten days. When the time specified for abatement has expired, the inspector will, either issue a court citation, or release a contractor to perform any necessary work. Unless there aze very unusual circumstances or conditions involved, time extensions will not be granted. III. Violation Identification In order to have an effective code enforcement program it is of course, necessary to identify and target violations for abatement. This is done by three sepazate means. Citizen complaint. Violations identified by inspectors in the field. Scheduled sweeps (mowing program). Complaints and sweeps are given first priority but, code enforcement activities aze not limited to these two azeas. Inspectors within tazgeted sectors are responsible for identifying and working ordinance violations. We feel that the more organized, proactive program represented by this approach will result in a code enforcement activity that is both fair and effective. Complaints and Complaint Forms: Complaints aze logged on an Inspection Services Complaint form. People making complaints in person aze given a complaint form. If they aze unable to, or decline to fill out the form, staff as much as possible, based on the information provided, will complete the form and process the complaint. When complaints are received by phone, staff notes the complainant's information on the form and processes the complaint. 3 • Sweeps: The City performs three mowing sweeps each year. The purpose of a sweep is to have undeveloped and vacant, unmaintained properties within a specific area of the City mowed, as much as possible within a one week to ten day period. This results in a uniform, cleaner appearance within a neighborhood. Each sweep is based on a master list of properties identified on block cards. Working from apre-complied list greatly reduces the time required for field identification of properties. To remain effective, the master list is periodically updated by the inspectors. Field Identification: Each inspector, when working within a targeted sector assigns priorities as follows: 1. Monitoring for unpenmitted construction 2. Scheduled mowing sweeps 3. Complaints 4. Field identified violations Inspectors are expected to identify and initiate abatement of ordinance violations within their targeted sectors. The amount of time devoted to self-initiated cases will have to vary based on overall work load. Inspectors do however, strive to spend at least one hour of daily field time working on self-initiated cases. This time includes both violation identification and follow-up inspections. IV. Summary Please recognize that the primary duty of the inspectors is enforcement of the building codes of the City which at the inspector level, is accomplished by performance of construction inspections requested on a daily basis. Between January 1st and August 31st, over 2,500 construction inspections were performed, 403 code enforcement cases, processed seventeen dangerous buildings and 820 pieces of property were mowed. We hope that the approach described herein will allow us to maintain this level of service and at the same time improve our nuisance abatement. The more proactive enforcement approach and quicker movement to court citation for unresolved cases will most likely encounter initial resistance. However, in the long term, it is over belief the program outlined in the preceding paragraphs will have a positive impact on our City. And while inspectors will be working violations in a somewhat more "by the numbers" manner, it is a given that every citizen and contractor will be treated in a professional and courteous manner at all times and in every situation. The Inspection Services Division, pursuant to City Council recognition of the need for increased nuisance abatement, is committed to making La Porte a cleaner, safer, more attractive city in which to live and work. 4 • • • WORKSHOP - C • • CITY OF LA FORTE ~ ~. s~ ~~; INTER OFFICE MEMORANDUM ~~~ ;.~;., ^~,, C'j,, ~ November 13, 1995 ~ ; ~.~ :- ~ ~'~ ~~ `~`1 ~`,, , /J , ,~-~;;~ ,:~ J r•~ %`~ TO: t T. Herrera, City Manager ~~ ` v, FROM. eve Gillett, Director of Public Works "~ SUBJECT: Proposed Solid Waste Ordinance Attached please find an Executive Summary and the text of the proposed Solid Waste Ordinance for the upcoming November 27, 1995 council workshop. I am currently organizing a slide show to accompany the workshop presentation. If I can answer any questions, please advise. xc: John Joerns, Assistant City Manager Jeff Litchfield, Assistant City Manager EXECUTIVE SUMMARY Article 12 of the Code of Ordinances deals with Garbage and Trash. over the years, a variety of ordinances have been passed to address changing conditions, new technology and state and federal regulations. Additionally, growth and new programs (heavy trash, commercial collection, recycling) have limited the Solid Waste's Division's ability to change and adapt to changes. The proposed Solid Waste Ordinance incorporates all functional aspects of previous ordinances into one ordinance, updates language to conform to existing practices and regulations, and modifies existing practices to effectively manage the collection and disposal of all solid waste within the City in a business-like manner. Many of the changes are simple terminology, such as the substitution of Solid Waste for Sanitation. Other changes delete restrictive practices, such as defining routes for specific areas of the City, and substitute language that allows the Division to change without ordinance revisions. All changes are printed in bold italics. Major changes are addressed below by section. Section 12-1. Definitions The term "trash" has been expanded to define three major classifications. In addition to regular trash (less than 5 cubic yards), excessive (over 5 cubic yards) and commercial trash and recycling services have been defined to identify restrictions in later sections. Section 12-2. Container Specifications This section changes container specifications to allow for flexibility by the City in the future. Additionally, it changes the location and manner of distribution and provide for expiration of coupons. Section 12-3. Time of Placement for Collection This section adds a time for trash to be placed. Section 12-4. No change Section 12-5. No change Section 12-6. Collection of Trash The major changes are to (b) and (c). Section (b), excessive trash, states that this trash will be collected on an actual cost basis. It states that the Division may only collect a portion of the trash, depending on circumstances. Finally, it allows the customer to directly contract with the commercial contractor (BFI) to collect and dispose of excessive trash, with the cost billed to the customer. Section (c) regarding commercial trash states that the city will not collect this trash. Included in the definition are commercial customers, developers, clearing and demolition on any lot or parcel within the City. • Section 12-7. Placement for Collection This section requires garbage and trash to be placed within 3 feet of the curb, and further defines areas that should not be used for placement. Section 12-8. No major changes Section 12-9. Garbage and Trash Not Collected By the City This section defines those items and circumstances where the City will not collect garbage and trash, including inert material (dirt, brick, concrete, etc.), demolition debris of any kind, and hazardous materials not acceptable to area landfills. Section 12-10. No major changes Section 12-11. No major changes Section 12-12. No major changes Section 12-23. Commercial - When Required Adds the ability of the City to require commercial establishments to use container system when average weekly volumes exceed 2 cubic yards. Also adds requirement to multiple residences receiving water service through a common meter(s). Section 12-24 Adds the requirement that customers using the container service provide an on-site location for placement of the container, relieving the City and its contractor from any responsibility of maintenance of the site. Section 12-25. Frequency of Collection Changes the minimum service from twice a week collection to once a week. Section 12-26 through 12-34. No major changes. Section 12-41 through 12-43. No major changes. Section 12-54. Private Haulers. Section (b) is added to provide that only the City or its contractor may collect, from the general public, recyclables. Section 12-55. Vehicles This section was added to define the various classes of vehicles that may be used by the City's contractor and other private haulers utilizing the City's streets. Section 12-56 through 12-57. No major changes. C~ ARTICLE 1. IN GENERAL SECTION 12-1. DEFINITIONS As used in this chapter, unless the context clearly requires otherwise, the following definitions shall apply: GARBAGE. The term "garbage" shall mean all animal and vegetable matters, dry kitchen refuse, and waste material and refuse from kitchens, residences, grocery stores, butcher shops, restaurants, hotels, and rooming and boardinghouses, including such items as meat scraps, bread, bones, fruit and vegetable peelings, and similar wastes, and other deleterious substances and any other matter commonly understood as garbage. The term "dry kitchen refuse" means the solids after the liquid or slop is drained off. TRASH. The term "trash" shall mean rubbish, boxes, and appliances; also grass trimmings, shrubs, tree leaves, hedge trimmings and tree limbs not to exceed six (6) inches in diameter and cut in lengths not exceeding ten (10) feet, or tree limbs exceeding six (6) inches in diameter cut in lengths not to exceed four (4) feet, and all debris and waste material resulting from building construction and/or repairs to any residential premises. Under the terms of this ordinance, "trash" shall be limited to a total of five (5) cubic yards for any one pick-up cycle. EXCESSIVE TRASH. The term "excessive trash" shall mean aII waste defined as trash that exceeds five (5) cubic yards for any one pick-up cycle. COMMERCIAL TRASH. The term "commercial trash" shall mean all waste and debris that results from the operation or development of any commercial establishment or enterprise; any new construction, or as a result of clearing, demolition, development or construction on any vacant lot or parcel of real estate. PREMISES. The word "premises" shall mean all business houses, rooming houses, offices, theaters, hotels, motels, inns, restaurants, cafes, mobile home parks, apartments, schools, private residences, vacant lots and all other places within the City where garbage, trash, or rubbish accumulates in ordinary quantities. RECYCLING SERVICES The term "recycling services" shall mean the collection, including a fixed location for drop-off by residents or curb-side, and sale of articles disposed of by businesses and residents for reuse, including, but not limited to newspaper, cardboard, aluminum, steel, and plastic. VEHICLE. The term "vehicle" shall mean every device in or by which any person or property is or may be transported or drawn upon a public highway. • SECTION 12-2. CONTAINER SPECIFICATIONS. The owner, occupant, tenant, and lessees of each dwelling unit designed for occupancy by one, two or three families shall place household waste to be collected by the City, in plastic bags provided by the City, or other plastic bags, provided the bags are minimum 2 mil thick, or any other container provided by, or specifically approved by the City. Household garbage shall not be placed in cans, boxes, grocery sacks, or any other container except those described above and approved by the City for the collection of household garbage. A supply of garbage bags shall be furnished to each dwelling periodically, to be picked up at City Hall, or at any other Location selected by the City. Additional bags may be purchased at City Hall by. the roll only. Residents eligible to receive bags will, from time to time, receive a coupon, redeemable for a supply of bags at a location set by the City. The coupon shall expire upon issuance of the next series of coupons. Bags will be sold to residents of La Porte only. The price shall be the City' s cost, plus an administrative fee equal to the cost to purchasing and distribution costs, with such fee to be established by the Director of Finance. Bags must be purchased by an adult, with a current water bill, stub, or proof of residence must be shown in order to purchase said bags. The price of said bags may be paid in cash at City Hall, or will be charged to purchase's water bill and collected at the due date and shall be considered a part of the purchaser's water bill. SECTION 12-3. TIME OF PLACEMENT FOR COLLECTION. Disposable refuse bags shall not be placed for collection, as provided in Sec. 12-7 no earlier than 5:00 A.M. nor later than 7:00 A.M. on the day of collection. Trash shall be placed for collection no later than 7:00 A.M. on the first scheduled collection day and no earlier than 7:00 A.M., two days prior to the first scheduled collection day. SECTION 12-4. MAINTENANCE OF DISPOSAL REFUSE BAGS. Disposal refuse bags shall be kept in a sanitary condition and closed .tightly by tying. The contents of all plastic garbage bags shall be so protected that the wind and animals cannot scatter the same when placed for collection. SECT_ION 12-5. MEDDLING WITH, PILFERING FROM, ETC. DISPOSABLE REFUSE BAGS. It shall be unlawful for any person to meddle with any disposable refuse bags placed for collection or in any way pilfer from or scatter the contents thereof within the City limits. • SECTION 12-6.COLLECTION OF TRASH. (a) The City's Solid Waste Division will collect trash as defined in Section 12-1, from residential customers only on scheduled trash days. Trash may be disposed of in boxes or tied bundles not to exceed three (3) feet in any dimension. Brush may be disposed of in tied bundles as outlined in Section 12-1. Trash and brush shall be protected so that it cannot be readily scattered about. All materials shall have a maximum weight of forty (40) pounds per bundle or item. (b) Trash determined to be excessive as defined in Section 12- 1 will be tagged as such and will be picked up on an actual cost basis. Customers wanting the removal of unusual or excessive amounts of trash shall contact the City Solid Waste Division, which will have a supervisor contact the customer, examine the trash to be removed, and advise the customer of the approximate cost. The customer will be requested to sign an authorization to the City to remove the trash, which authorization shall state the approximate cost to be billed to the customer. Such charge will be paid in advance, or charged it the customer's water bill and collected at the due date, and shall be considered a part of the customer's water bill. The Solid Waste Division has the option to collect only five (5) cubic yards per scheduled pick-up, depending on the current workload of the Division or due to the composition or size of the trash. The customer may contact the City~s commercial contractor for alternative disposal. The cost of said pick-up and disposal will be the current rate as defined under the contract with the City's commercial collection contractor. (c) The City's Solid Waste Division will not collect commercial trash as defined under Section 12-1. Removal and disposal shall be the responsibility of the property owner. (d) The City~s Solid Waste Division will collect all other trash on scheduled trash days. All other trash will include such as washers, dryers, refrigerators or other bulky items which weigh in excess of fifty (50) pounds. Refrigerators shall have doors removed prior to being set out for collection. SECTION 12-7. PLACEMENT FOR COLLECTION. (a) Disposable refuse bags of garbage and trash, and rubbish and tree limbs, shall be placed at the curbside of the street, in front of the property, within three feet of the curb, so as to be readily accessible to the City Solid Waste vehicles. Where there is no curb, the City will designate the location. (b) Trash shall not be placed next to fences, mail boxes, structures nor under power lines or Iow hanging trees. Trash placed in these areas or other areas that are considered hazardous to crews or equipment will not be collected. • SECTION 12-8. CITY NOT TO COLLECT UNLESS CHAPTER COMPLIED WITH. The City Solid Waste Division shall not collect garbage or trash where it is not prepared for collection and placed as designated in this chapter. SECTION 12-9. GARBAGE AND TRASH NOT COLLECTED BY THE CITY. (a) The City~s Solid Waste Division will not collect and dispose of tires, automotive waste oil, concrete, brick, rock or earthen material of any kind. Tires and automotive waste oil will be accepted at the City's Recycling Center in small quantities only from residential customers. Residents with concrete, brick, rock, or earthen material must make arrangements with a private contractor or haul the above to an approved site accepting this type of waste. Businesses shall follow approved Texas Natural Resource Conservation Commission regulations for proper disposal of tires and automotive waste oil. (b) Demolition debris from any structure, whether ordered demolished by the City or not, as well as Large accumulations of trash on vacant lots, will be considered commercial trash, and will not be collected by the City Solid Waste Division. Property owners will be responsible for the proper disposal of demolition debris and debris from vacant lots through personal means or by contacting the City~s commercial solid waste contractor for removal of demolition debris. (c) Hazardous materials placed for collection or commingled with residential or commercial garbage or trash; any closed containers, cans, pails, drums or barrels containing any substance. Paint and solvent containers of any kind will be empty, with any lids removed to allow any residual product to dry or evaporate prior to being placed for collection. SECTION 12-10. PROHIBITED DUMPING GENERALLY. It shall be unlawful for any person to dump, unload, discharge, or in any manner place thereon or cause to be placed thereon, any garbage, trash, or other waste materials on any "lot, tract or parcel of land located within the City limits, except at Solid Waste landfills which are owned, maintained, operated, or contracted by the City, or at such places as are designated for Solid Waste Disposal by the Texas Natural Resource Conservation Commission. SECTION 12-11. DEPOSIT ON STREETS SIDEWALKS OR OTHER PUBLIC PROPERTY. It shall be unlawful for any person to throw or deposit upon any street, highway, right-of-way, easement, or other public property, garbage, trash, or any other substance. SECTION 12-12. REMOVAL OF INJURIOUS MATERIAL FROM STREETS. (a) Any person who drops, or permits to be dropped or thrown, upon any street, highway, right-of-way, easement, or other public property, any destructive or injurious material, or other material such as dirt, shell, oil, etc., which would be detrimental to the use or appearance of such street, highway, right-of-way, easement, or other public property, shall immediately remove the same or cause it to be removed. (b) Any person removing a wrecked or damaged vehicle from a street or highway shall remove any glass or other injurious substance dropped upon the street or highway from such vehicle. SECTIONS 12-13 THROUGH 12-22. RESERVED. ARTICLE II. CITY'S SOLID WASTE CONTAINER SYSTEM SERVICE. SECTION 12-23. WHEN REQUIRED. (a) Public, business and commercial institutions and establishments shall use the City's or the city-authorized contractor's solid waste container service for the removal of garbage and trash when weekly average volumes exceed two (Z) cubic yards per week, and will do so under the rates and rules set forth in this chapter. (b) Multi-family projects containing four (4) or more units; multiple residences receiving water service through a common water meter(s), and mobile home parks, shall use the City's or the city- authorized contractor's solid waste container system service for the removal of garbage and trash under the rates and rules set forth in this chapter. SECTION 12-24. CITY TO FURNISH CONTAINERS. Under the city's solid waste container system service, the city, or the city's authorized contractor, will furnish a container, or containers, to be used in the collection and removal of garbage and trash. Public, business, and commercial institutions and establishments using the City's or the city-authorized container system for the removal of garbage and trash shall provide a readily accessible site for placement of container(s) on the institution or establishment's property. Locating containers in streets, rights- of way, and the traveled portion of alleys is prohibited. Maintenance of the site, together with the approach shall be the responsibility of the owner. The City nor its Contractor will be responsible for damage caused by collection vehicles to driveways, parking lots, or other sites. • SECTION 12-25. FRE UENCY OF COLLECTION AND REMOVAL. The collection and removal of garbage and trash by the City's Solid Waste Division or the city-authorized contractor from any owner or occupier of any premises receiving the City's or the City- authorized contractor container system service shall be at least once a week. SECTION 12-26. ACCUMULATION OF GARBAGE AND TRASH AROUND CONTAINER. Whenever any owner or occupier of any premise shall receive the City's or its authorized contractor's container system service for the removal of garbage and trash, it shall be unlawful for such owner or occupier to allow any accumulation of garbage or trash around such solid waste container or in the vicinity of such container. It shall be such owner's or occupant's duty to place all garbage and trash into such container. SECTION 12-27. LIDS AND DOORS OF CONTAINERS TO BE CLOSED; EMPTY BOXES TO BE FLATTENED. Lids and end doors of all containers furnished under this article shall be kept closed at all times except when the container is being filled. Empty boxes shall be flattened before placing in such containers. Items that are larger than the container and that would extend out of the container opening shall not be placed in the container. SECTION 12-28. DISTURBING CONTAINERS OR CONTENTS. It shall be unlawful for any person to disturb a solid waste container or the contents thereof. This section shall not apply to the owner or occupant of the premises for which such container has been furnished, or to his employees or to the duly authorized employees of the City or its authorized contractor. SECTION 12-29. BURNING MATERIAL, DEFACING, ETC., CONTAINERS PROHIBITED. It shall be unlawful for any person to make a fire or burn any material in a Solid Waste container or to paint or mark the same, or to place any poster, placard, or sign upon the same. SECTION 12-30. USE OF UNAUTHORIZED CONTAINERS PROHIBITED. The use of any other garbage and trash container for collection by the City or its authorized contractor, when the City or its authorized contractor container system service is provided, other than set forth in this chapter, shall be unlawful. SECTION 12-31. UNAUTHORIZED USE OF CONTAINERS. It shall be unlawful for any person to deposit any garbage, trash, or other material in any container furnished by the City or its authorized contractor other than the owner or occupant of any premise that is paying for the container service. SECTION Z2-32. PROHIBITED ITEMS FOR CONTAINERS. (a) It shall be unlawful to place any item in any container furnished by the City or its authorized contractor that because of weight, size, or other physical property, could cause damage to the collection vehicle. These items include, but are not limited to, any one item over three (3) feet in any dimension, any one item weighing in excess of fifty (50) pounds, any concrete. masonry products, or earthen material. (b) Hazardous materials of any type or quantity either placed separately or commingled with any other garbage or trash. (c) Persons, businesses, and other entities placing such items in any container furnished by the City or its Contractor will be required to remove the same before collection will resume. SECTIONS 12-33 THROUGH 12-40. RESERVED. SECTION 12-41. RATES PRESCRIBED - FOR RESIDENCES. (a) There shall be charged, assessed and collected, for garbage, trash and other rubbish collection by the City from residential dwelling units, which term shall be construed to include duplex units, individual multi-family units, and individual mobile homes at mobile home parks, the sum of seven dollars and fifty cents ($7.50) per unit, per month. (b) Such monthly charge on every residential dwelling unit, be it single-family dwelling, duplex, multi-family or mobile home, shall prevail, rather than the charges provided in this article for the City's or its Contractor's solid waste container system service, whether or not the individual duplex, multi-family, or mobile home space is occupied. SECTION 12-42. SAME - FOR BUSINESS AND COMMERCIAL ESTABLISHMENTS. (a) The minimum charge for business and commercial establishments in the City where garbage and trash is picked up twice a week shall be eight dollars and fifty cents ($8.50) per month. (b) Subject to the foregoing minimum charges for business and commercial establishments, the following shall be used to determine the monthly charge for each user of solid waste containers furnished by the City or its Contractor at a business or commercial establishment: • Number of cubic yards furnished: x $2.00 per cubic yard x number of pickups per week x 52 weeks 12 months = Monthly charge (c) When a solid waste container furnished by the City or its Contractor will adequately and completely serve several business and commercial establishments, such establishments may be required to use the same container and pay a pro rata part of the charge, determined according to the approximate relative quantity of space used, but to no event shall any user pay any less than the minimum charge established by this section for such business and commercial establishments. (d) The minimum charge will not be imposed on any business or commercial establishment if the house or building is unoccupied and the water service to the house or building is suspended. SECTIONS 12-43. BILLING AND COLLECTION. The Customer Service Division shall include on its monthly bills mailed to persons who receive the garbage and trash collection and removal services provided by the City or its authorized contractor and specified in the chapter, the charge designated for such services rendered to the premises of such persons. The charges fixed by the article shall be payable to the City on or before the due date specified on such billing. In the event any person receiving such service does not have a water connection billing, then a separate monthly bill shall be sent to such person, and in that event the specified charges for trash and garbage collection shall be due on or before the tenth day following the mailing of the separate bill. SECTIONS 12-44 THROUGH 12-53. RESERVED SECTION 12-54. PRIVATE HAULERS. (a) It shall be unlawful for any person, other than the City and its employees acting in the scope of their employment, or a private contractor acting as the city~s independent contractor, to collect, remove or dispose of garbage, trash, or rubbish from any premises within the City, except premises owned or controlled by such persons. (b) The City, or its authorized contractor, shall be the sole provider of recycling services for the general public within the City. It shall be unlawful for any person, firm or organization to place, or have placed, any recycling container for the purpose of soliciting use by or for the general public. Any person, firm or organization may place, or have placed, a recycling container intended for the use of its members or employees only. such container must be labeled "For Private Use Only" and must be located on property owned or controlled by the person, firm or organization. SECTION 12-55. VEHICLES USED BY CONTRACTED AND PRIVATE HAULERS. (a) All vehicles used by Contracted haulers, private haulers, and nonresident haulers, shall meet the minimum requirements stated under the below described classes, whichever is most applicable. CLASS I Persons contracted by the City engaging in the business of collecting, hauling, and disposing of trash, garbage, rubbish, or commercial or institutional establishments, that operate or travel through the Corporate City Limits of the City of La Porte shall use vehicles meeting the following specifications. (1) Vehicles used for collection and transportation of garbage as defined in Section 12-1 shall utilize a totally closed metal body. Open top trucks shall not be used for collection and transport . (2) Vehicles used for the collection of trash and construction debris shall have a metal or wooden body enclosed on all four (4) sides . Open back bodies shall not be used for the collection and transportation of trash or construction debris. Where necessary, as defined in Texas Motor Vehicle Laws, Transporting Loose Materials, Section 3A, a top or other cover shall be provided to prevent loss during transport. (3) Vehicles used for the collection of commercial garbage, trash, and rubbish in containers left on-site to be picked up on a regular basis, shall utilize a metal, totally enclosed body for the collection of containers. Containers shall be manufactured of metal, plastic, or fiberglass, and shall be maintained and operated so as to prevent the spilling of liquid, trash, garbage, or rubbish. CLASS II Contractors, tree trimmers, and commercial establishments hauling non-putrescible material on a regular basis shall be considered special permit haulers. No permit shall be required for this classification. (1) Equipment shall be so designed as to prevent any loss of trash, or rubbish due to spillage, blowing, or other means during transport. Where necessary, as defined in the Texas Motor Vehicle Laws, Transporting Loose Materials, Section 3A, a top or other cover shall be provided. (2) In no case, shall such equipment be used to collect or transport putrescible material. • • CLASS III Residential subscribers hauling their own unusual accumulations of trash, garbage, or rubbish on an irregular basis, shall use equipment specified for Class II haulers with the following exceptions. (a) Putrescible materials may be carried in a container that will prevent any loss due to spillage or other means and that is not accessible to rats, varmints, rodents, or other vectors. These classes shall at alI times comply with all applicable City Ordinances and State and Federal statutes, and shall be cumulative upon thereof. SECTION 12-56. VEHICLES TO BE COVERED. It shall be unlawful for any person to operate on the streets of the City of La Porte, a vehicle carrying garbage or trash, without providing an adequate cover for the garbage and trash, which shall be kept in place except when loading and unloading. SECTION 12-57. PENALTY FOR VIOLATION OF ARTICLE. Any person, firm, corporation, association, partnership, trustee, or any agent,servant or employee thereof who shall violate any provision of this article , or any agent, servant, officer or employee of any corporation who shall direct any activities which shall result in a violation of any provision of this article shall be guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed two hundred dollars ($200.00). Each day of any such violation shall be deemed a separate offense.