HomeMy WebLinkAbout1996-09-23 Public Hearing and Regular Meeting
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PUBLIC HEARING AND REGULAR MEETING OF
LA PORTE CITY COUNCIL
SEPTEMBER 23, 1996
Prior to the opening of the City Council meeting Mayor Malone made the following announcements:
Mayor Malone reported U.S. Congressman Ken Bentsen held a Town Meeting Saturday in the City Hall.
Mayor Malone stated, "Congressman Bentsen welcomed the Deer Park Terrors, a softball championship
team, which is coached by a group of young men from our area. One of those coaches is a City of La
Porte employee named Scott Bradley. The young ladies are 6 to 8 years old and played 46 games this
year winning 42 with only 4 losses. These young ladies attend schools from allover this area, not just
from La Porte. The Terrors have won seven consecutive tournaments, and Congressman Bentsen
announced he is going to put their names and the report of their accomplishments into the Congressional
Records. Mayor Malone introduced Ed Watson, who was in attendance tonight, representing
Congressman Bentsen as his Community Liaison. Mayor Malone stated, "Ed Watson is a past
Representative for the La Porte area". Mayor Malone also announced the Barbours Cut Seafarers' Center
has been renamed the Lou Lawler Seafarers' Center in honor of a La Porte citizen and community leader,
Lou Lawler. He reported that Congressman Bentsen is having Ms. Lawler's name placed into the
Congressional Record for her many accomplishments.
1. 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 City Staff and City Employees 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,
Director of Planning Guy Rankin, Police Chief Bobby Powell, Assistant Finance Director Cynthia
Alexander, Revenue Supervisor Kathy Powell, Cash Manager Rick Overgaard, Accounting
Supervisor Kathy Hutton, Chief Building Official Art Flores, Golf Manager Alex Osmond
Others Present: Me. Carlton Porter, representing Houston Lighting and Power Company, a
group of teenagers representing a government class from Deer Park High School, and a number
of La Porte Citizens
2. INVOCATION BY REV. MICHAEL BINGHAM - ABUNDANT UFE CHURCH
The invocation was delivered by Rev. Michael Bingham, pastor of Abundant Life Church, La
Porte
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Minutes Public Hearing
and Regular Meeting
La Porte City Council
September 23, 1996, Page 2
3. CONSIDER APPROVING MINUTES OF PUBLIC HEARING AND REGULAR MEETING
AUGUST 26, 1996.
Motion was made by Councilperson Maxwell to l\pprove the minutes of Au~st 26 as presented.
Second by Councilperson Clarke. The motion carried, 9 ayes, 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell,
Clarke and Mayor Malone
Nays: None
4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CmZENS AND TAX
PAYERS WISlDNG TO ADDRESS COUNCIL
(Each speaker is allowed five minutes to address City Council per the City Council Procedure
Ordinance)
Kenneth Allison, 201 Edgewood, La Porte, spoke regarding a disagreement with a City
Ordinance because of a piece of equipment in his driveway. Mr. Allison said, "I think the
problem is with the law and not with the violation." Mr. Allison said he would like for someone
to send him to the proper place to get the correct information. He said he will then prepare his
questions in a proper manner and bring them back to Council. Mayor Malone explained the rules
of speaking before Council and reminded Mr. Allison that Council does not answer questions
during this portion of the City Council meeting. Mayor Malone suggested that Mr. Allison
contact the City Inspection Department between 8:00 A.M. and 5:00 P.M., and they will explain
the process for handling questions of procedure. Mr. Allison stated, "I knew about this early this
afternoon. I went and talked to the gentlemen at the City. They were very kind, but I guess I
misunderstood the procedure. So, what you are saying is, to be able to speak before this Council
and to explain what I feel is gone wrong, I need to go back and have the Inspection department
set a date to come talk to you. How do I do that?" Mayor Malone explained the Inspection
Division personnel can explain the complete process. The City has a Planning and Zoning
Commission and a Board of Adjustments. Councilperson Cooper stated, "You can speak and tell
Council what the problem is now, and you do not have to go back to the Inspection Department
to do that". Mr. Allison said that it would take longer than the three minutes allotted to him to
explain the problem. Mr. Allison said, "Right now I am unprepared to do this." Mayor Malone
explained, "In order for us to give you all the information you need Council would have to go
to the Inspection Department also, and we would have to ask someone from that division to come
and answer the questions for you. Council does not work with the Code of Ordinances everyday,
and the Inspection Department does. So, listen to them and see what they have to say." Mr.
Allison said, "I am willing to work within the system. I really do not understand, and I believe
in my heart that I am right. I just want somebody to hear me so I can get my point across. "
Mayor Malone suggested that perhaps the Inspection Department will tell him to go before the
Planning and Zoning Commission with his problem. You can explain your situation to them, and
if you are not satisfied there you might then be able to go before the Board of Adjustment. Mr.
Allison stated, " Ok! Then I will do that". Mayor Malone thanked Mr. Allison for his
appearance before Council.
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Minutes Public Hearing
and Regular Meeting
La Porte City Council
September 23, 1996, Page 3
Rev. Michael Bingham, pastor of Abundant Life Church, La Porte, Texas, spoke regarding the
ordinance to be considered at tonight's meeting regulating sexual oriented businesses. Rev
Bingham stated, "Eight months ago, when I became a minister in this community, the very first
thing that struck me was this community has a very wholesome nature. It really impressed me.
I was thinking this evening that over the years some great men and women have sat in the seats
you wonderful folks occupy this evening. Those councilmen or councilwomen have left a legacy
which is truly exceptional. La Porte is right on the edge of a very busy City in our County.
Sexually oriented businesses are businesses which seem to be increasing in numbers and in
nature. What concerns me among other things, being a Minister, I want to see little children feel
safe in the community as they have over the past years here in La Porte. Many newspaper stories
seem to revolve around these kinds of businesses. I am asking this Council to take a stand. I
know there are certain legal ramifications with taking any stand, but I would just like to see you
take a stand in strict opposition to any kind of sexually oriented businesses coming into our
community where we have the ability to rule them out of our jurisdiction. I know that is
somewhat going against the tide of the community. It seems like people just want to live and let
live. I understand those people that want to use these kinds of facilities. There are a lot of these
facilities within a short distance of La Porte. I am just asking you to keep La Porte as a
community with a great heritage as it has been in the past. "
Jarrell Burke, 1301 Bayshore Drive, La Porte, Texas, stated he has resided here for about 29
years and has lived in the Gulf Coast area for the past 40 years. Mr. Burke brought attention
to the past history of Galveston relating to crime in that area. He stated, "Any time you bring
a sexually oriented business into an area you are opening up dope, prostitution, and mafia types
of situations. This is something I really do not want to see in La Porte. This is a good town
which I believe has rights and morals. We have problems with dope and some crime, but there
is no need in opening up the door to this." Mr. Burke related to other area cities. He stated,
"Statistics will show you literally that if you open up the city to sexually oriented businesses you
are opening it up to other undesirable potentials that will follow". Mr. Burke stated, "Whatever
is true, whatever is honorable, whatever is just, whatever is pure, whatever is lovely, whatever
is gracious, if there is anything worthy of praise, if there is any excellence we should think about
these things" .
Mr. Gerald Jerkins, 3318 Valley Brook, La Porte, Texas, spoke before Council stating, "You
all are our voice of La Porte, and La Porte is whatever your direct it to be. I am asking you to
consider this ordinance on the sexually oriented businesses carefully. Most of these businesses
in Harris County are in non-residential communities, and we are a residential community. We
have worked hard as a community to improve our downtown and have done a fine job. We have
worked hard by building new schools, improving our older ones, and with our Awareness and
Dare Programs which send messages out to our children. If we allow these businesses into our
community are we putting our children and our women at any risk at all? We need to send out
a message about our community, and I think we send out a good one now. Do we want to
change that message? We want to send out the proper message for our community. I stand
opposed to sexually oriented businesses, and I ask you to please not permit these businesses in
La Porte at all" .
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Minutes Public Hearing
and Regular Meeting
La Porte City Council
September 23, 1996, Page 4
s. PUBUC HEARING - CITY BUDGET FY 96-97
OPEN PUBUC HEARING
Mayor Malone opened the public hearing at 6:05 P.M.
REVIEW BY STAFF
Director of Finance/ ACM Jeff Litchfield reviewed the Summary of Funds representing the result
of the workshops held with City Council. Mr. Litchfield reported that all changes made by
Council are incorporated into the various budgets shown in the summary. The total of all funds
for the budget is $39,631,748. Mr. Litchfield reported tax and utility rates will remain the same
as they are in the current year. Mr. Litchfield stated, "The only increase that is proposed in this
budget relates to the golf course, and we have an ordinance which we will bring before Council
later on in this meeting supporting that increase". After answering questions from Council the
Mayor asked for public input.
PUBLIC INPUT
There were no citizens wishing to address Council regarding the budget for FY 1996-97.
RECOMMENDATION OF STAFF
Mr. Litchfield reported that staff recommends this budget be approved as presented.
CLOSE PUBLIC HEARING
Mayor Malone closed the public hearing at 6:20 P.M.
6. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE
APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF LA PORTE, TEXAS,
FOR THE PERIOD OF OCTOBER 1, 1996 THROUGH SEPfEMBER 30, 1997 (Ord. 96-
2133) - R. T. Herrera
Director of Finance/ACM Jeff Litchfield reviewed the proposed budget for the fiscal year 1996-
97. The budget reflects an amount of$39,631,748 and is supported by revenues of $39,923,161.
It is estimated that the beginning working capital for the City will be $16,733,206 at the
beginning of the fiscal year and $17,024,619 at the end of the year.
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Minutes Public Hearing
and Regular Meeting
La Porte City Council
September 23, 1996, Page 5
City Attorney read: ORDINANCE 96-2133 - AN ORDINANCE APPROVING AND
ADOPTING THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD
OF OCTOBER 1, 1996 THROUGH SEPTEMBER 30, 1997; FINDING THAT ALL THINGS
REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND
PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Sutherland to approve Ordinance 96-2133 adopting the
bud~et for the fiscal year 1996-97 as read by the City Attorney. Mr. Sutherland said he was
pleased there is no increase in taxes or fees. and we should feel proud to present a progressive
budget that doesn't cost the residents anymore. Second by Councilperson Clarke. The motion
carried, 9 ayes, 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell,
Clarke and Mayor Malone
Nays: None
7. CONSIDER APPROVAL OR OTHER ACTION REGARDING A RESOLUfION OF THE
CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, ADOPTING THE 1996
APPRAISAL ROLL OF THE HARRIS COUNTY APPRAISAL DISTRICT (Res. 96-07) -
K. Powell
Revenue Supervisor Kathy Powell reviewed the summary and recommendation for the acceptance
of the 1996 Certified Tax Roll showing the total appraised value of $1,233,901,980 and a total
taxable value of $1,114,557,880. After answering questions for Council, Mrs. Powell
recommended the adoption of Resolution 96-07 which adopts the 1996 Appraisal Roll of the
Harris County Tax Appraisal District.
Motion was made by Councilperson McLaul!hlin to approve Resolution 96-07 ado,pting the 1996
Appraisal Roll of the Harris County Appraisal District. Second by Councilperson Thrower. The
motion carried, 9 ayes, 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell,
Clarke and Mayor Malone
Nays: None
8. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE
LEVYING TAXES UPON TAXABLE PROPERTY LOCATED WITIllN AND SUBJECT
TO TAXATION IN THE CITY OF LA PORTE, TEXAS; MAKING APPROPRIATIONS
FOR SUPPORT MAINTENANCE AND IMPROVEMENT OF THE CITY GOVERNMENT
(Ord. 96-2134) - K. Powell
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Minutes Public Hearing
and Regular Meeting
La Porte City Council
September 23, 1996, Page 6
Revenue Supervisor Kathy Powell reviewed the summary and recommendation for the adoption
of Ordinance 96-2134 establishing the tax rate for Fiscal Year 1996-97 at $0.71 cents per
hundred dollar valuation with the breakdown of:
General Fund = .57 per hundred dollar valuation
Debt Service = .14 per hundred dollar valuation
City Attorney read: ORDINANCE 96-2134 - AN ORDINANCE LEVYING TAXES UPON
TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO TAXATION IN THE CITY
OF LA PORTE, TEXAS; MAKING APPROPRIATIONS FOR SUPPORT, MAINTENANCE,
AND IMPROVEMENT OF THE CITY GOVERNMENT OF SAID CITY OF LA PORTE;
FINDING THAT ALL REQUIRED NOTICES HAVE BEEN PUBLISHED AND ALL
REQUIRED HEARINGS HELD; CONTAINING A REPEALING CLAUSE; CONTAINING
A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Council person Maxwell to approve Ordinance 96-2134 as read by the
City Attorney. Second by Councilperson Porter. The motion carried, 9 ayes, 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell,
Clarke and Mayor Malone
Nays: None
Mayor Malone complimented Director of Finance/ACM Jeff Litchfield and his staff on the
excellence in the preparation of the budget.
Mayor Malone brought forth Item 14 as the next order of business.
14. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE
AMENDING ORDINANCE 1501, THE ZONING ORDINANCE OF THE CITY OF LA
PORTE BY ADDING A NEW PART REGULATING ADULT ORIENTED BUSINESSES
(Ord. 1501-U) G. Rankin
Director of Planning Guy Rankin reviewed the summary and recommendation for the request to
approve an amendment to the Zoning Ordinance 1501 by adding a new part regulating Adult
Oriented Businesses and amending district regulations to allow Adult Oriented Businesses in an
H-l Zoning District. Assistant City Manager John Joerns asked to be allowed to add something
to the summary based on what he heard from the citizens tonight. Mr. Joerns said, "I think that
they have asked that we not consider any sexually oriented businesses in the community. I may
get City Attorney Knox Askins to confirm the language I choose to use here. The State has
occupied that field by legislation, and the courts have occupied that field by saying that the City
can not completely rule sexually oriented businesses out of the City. We can not say that there
will be no sexually oriented businesses in the City of La Porte. The Planning and Zoning
Commission has recommended, based on the characteristics of this community and their feelings
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Minutes Public Hearing
and Regular Meeting
La Porte City Council
September 23, 1996, Page 7
for this community, regulations that the State will allow. The State does put municipalities in a
position to regulate those businesses but does not put municipalities in a position to completely
keep them out of their community." City Attorney Knox Askins verified Mr. Joerns statement
by stating, "That is correct". Council discussed the issue in length. They reviewed area maps
which indicated the areas where the H-I Zones are located, where the sexually oriented businesses
would be allowed to operate, and where they would be least intrusive to residential areas. City
Attorney Knox Askins explained the merits of the wording of the ordinance and stated, "It is our
belief there are no existing Sexually Oriented Businesses in the City of La Porte today which
meet the definitions and criteria contained in the proposed ordinance, and we feel this wording
will protect us in the future" .
City Attorney read: ORDINANCE 1501-U - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LA PORTE, TEXAS, AMENDING ORDINANCE 1501, THE ZONING
ORDINANCE OF THE CITY OF LA PORTE BY ADDING A NEW PART REGULATING
ADULT ORIENTED BUSINESSES; AMENDING DISTRICT REGULATIONS TO ALLOW
ADULT ORIENTED BUSINESSES IN AN H-1 ZONING DISTRICT; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS OF LOCATION
REQUIREMENTS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$500.00 FOR ALL OTHER VIOLATIONS; PROVIDING A SEVERABILITY CLAUSE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Thrower to approve Ordinance 1501-U as read by the
City Attorney. Second by Councilperson Porter. The motion carried, 8 ayes, 1 nay.
Ayes: Councilpersons Sutherland, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and
Mayor Malone
Nays: Councilperson Cooper
9. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE
AMENDING ORDINANCE NO. 1285, AN ORDINANCE IMPLEMENTING
POLICEMEN'S CIVIL SERVICE, ESTABLISlDNG CLASSIFICATIONS; NUMBER OF
AUTHORIZING POSITIONS IN EACH CLASSIFICATION (Ord. 1285-M) - L. Rigby
Director of Administrative Services Louis Rigby reviewed the summary and recommendation for
the request. Mr. Rigby reported any time there is a change to ordinance 1285 we have to amend
the original ordinance. Although it is not reflected in the agenda request, Ordinance 1285-M
does include one Police Officer, one Assistant Chief, and one Lieutenant.
City Attorney read: ORDINANCE 1285-M - AN ORDINANCE AMENDING ORDINANCE
NO. 1285, "AN ORDINANCE IMPLEMENTING POLICEMEN'S CIVIL SERVICE;
ESTABLISHING CLASSIFICATIONS; NUMBER OF AUTHORIZED POSmONS IN EACH
CLASSIFICATION; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW AND PROVIDING AN EFFECTIVE DATE HEREOF" .
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Minutes Public Hearing
and Regular Meeting
La Porte City Council
September 23, 1996, Page 8
Motion was made by Council person Gay to approve Ordinance 1285-M as read by the City
Attorney. Second by Councilperson McLaughlin. The motion carried, 9 ayes, 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell,
Clarke and Mayor Malone
Nays: None
10. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE
AMENDING ORDINANCE 1587, FSTABUSlDNG USER FEFS AND RULES AND
REGULATIONS FOR BAY FOREST GOLF COURSE (Ord. 96-1587-H) - J. Litchfield
Director of Finance/ACM Jeff Litchfield spoke regarding the summary and recommendation for
the approval of Ordinance 1587-H, changing certain rates at the Bay Forest Golf Course. Golf
Course Manager Alex Osmond and Mr. Litchfield answered questions from Council regarding
resident membership.
City Attorney read: ORDINANCE 1587-H - AN ORDINANCE AMENDING ORDINANCE
1587, AN ORDINANCE ESTABLISHING USER FEES AND RULES AND REGULATIONS
FOR THE CITY OF LA PORTE'S BAY FOREST GOLF COURSE; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Council person Clarke to approve Ordinance 1587-H as read by the
City Attorney. Second by Council person McLaughlin.
Motion was made by Council person Cooper to amend the motion on the floor to raise only the
non-resident fees and not the residents fees. Second by Councilperson Maxwell. The motion to
amend Ordinance 1587-H to raise only non-resident fees and not the resident fees failed, 2 ayes
and 7 nays.
Ayes: Councilpersons Cooper and Maxwell
Nays: Councilpersons Sutherland, Thrower, McLaughlin, Porter, Gay, Clarke and Mayor
Malone
The orillinal motion made by Councilperson Clarke to 'Wprove Ordinance 1587-H as read by the
City Attorney. and seconded by Councilperson McLauihlin was then brouiht forward for a vote.
The motion carried, 7 ayes and 2 nays.
Ayes: Councilpersons Sutherland, Thrower, McLaughlin, Porter, Gay, Clarke and Mayor
Malone
Nays: Councilpersons Cooper and Maxwell
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Minutes Public Hearing
and Regular Meeting
La Porte City Council
September 23, 1996, Page 9
11. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE
AMENDING CHAPfER 24 OF THE CODE OF ORDINANCES, "TAXICABS",
REGULATING TAXICABS IN THE CITY OF LA PORTE (Ordinance 96-2135) - S. Lenes
City Secretary Sue Lenes reviewed the summary and recommendation for the request to amend
chapter 24 of the Code of Ordinances regarding the manner taxicabs operate in the City.
City Attorney read: ORDINANCE 96-2135 - ORDINANCE AMENDING CHAPTER 24 OF
THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, "TAXICABS";
REGULATING TAXICABS; PROVIDING THAT ANY PERSON VIOLATING THE TERMS
OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON
CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED FIVE HUNDRED
DOLLARS; PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Council person Clarke to approve Ordinance 96-2135 as read by the
City Attorney. Second by Councilperson Sutherland. The motion carried, 9 ayes, 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter. Gay, Maxwell,
Clarke and Mayor Malone
Nays: None
12. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE
AMENDING CHAPfER 6 OF THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE, "AUTO WRECKER AND TOWING VElDCLE"; REGULATING AUTO
WRECKERS AND TOWING VElDCLES (Ord. 96-2136) - B. Powell
Police Chief Bobby Powell reviewed the summary and recommendation for the request in order
to comply with the Federal law and the Texas Tow Truck Act. Clarifications for the changes
addressed in Ordinance 96-2136 and one change to the verbiage in Section 6-4 Item 2 (change
motor number to vehicle identification number) were addressed for Council by Chief Powell.
City Attorney read: ORDINANCE 96-2136 - ORDINANCE AMENDING CHAPTER 6 OF
THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, "AUTO WRECKER AND
TOWING VEHICLE"; REGULATING AUTO WRECKERS AND TOWING VEHICLES;
PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE
SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL
BE FINED IN A SUM NOT TO EXCEED FIVE HUNDRED DOLLARS; PROVIDING A
SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
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Minutes Public Hearing
and Regular Meeting
La Porte City Council
September 23, 1996, Page 10
Motion was made by Councilperson Sutherland to approve Ordinance 96-2136 as read by
the City Attornev. Second by Councilperson Maxwell. The motion carried, 9 ayes, 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell,
Clarke and Mayor Malone
Nays: None
Councilperson Gay asked that Council deviate from the agenda for a moment to recognize the
students who are in the audience tonight. Mayor Malone welcomed the students who were from
Deer Park High School. The students were instructed by their Government Teacher to attend
local area City Council meetings to obtain extra credits. The Mayor invited the students to come
forward after the Council meeting to ask questions of Council and City Staff.
13. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE
VACATING, ABANDONING AND CWSING TIlE ALLEY OF BWCK 133, TOWN OF
LA PORTE; RETAINING AN EASEMENT FOR EXISTING WATER, SANITARY
SEWER, HOUSTON UGHTING & POWER COMPANY, AND SOUTHWESTERN BELL
TELEPHONE COMPANY FACILmES (Ord. 96-2137) - G. Rankin
Director of Planning Guy Rankin reviewed the summary and recommendation for the request to
approve an ordinance to vacate, abandon, and close the alley of Block 133, Town of La Porte,
providing for a minimum 16' wide utility easement to be dedicated in place of the existing 16'
wide public alley and approve payment by applicant(s) of a $2,100.00 closing fee. The applicants
are La Porte Independent School District and the Church of Christ. Mr. Rankin and Mr.
Litchfield answered questions from Council.
City Attorney read: ORDINANCE 96-2137 - AN ORDINANCE VACATING, ABANDONING
AND CLOSING THE ALLEY OF BLOCK 133, IN THE TOWN OF LA PORTE, HARRIS
COUNTY, TEXAS; RETAINING AN EASEMENT FOR EXISTING WATER, SANITARY
SEWER, HOUSTON LIGHTING & POWER COMPANY, AND SOUTHWESTERN BELL
TELEPHONE COMPANY FACILITIES; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Council person Cooper to approve Ordinance 96-2137 as read by the
City Attorney. Second by Councilperson Maxwell. The motion carried, 9 ayes, 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell,
Clarke and Mayor Malone
Nays: None
14. (Was considered previously)
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Minutes Public Hearing
and Regular Meeting
La Porte City Council
September 23, 1996, Page 11
15. CONSIDER VOTING FOR ONE TML-IRP BOARD OF TRUSTEES NOMINEE TO
SERVE FOR A SIX-YEAR TERM IN THE FOUR POSmONS WIllCH ARE
AVAILABLE FOR TIllS YEARS ELECTION - L. Rigby
Director of Administrative Services Louis Rigby reviewed the summary and recommendation for
the request.
Motion was made by Council person Maxwell to vote for the first three positions on the
ballot by acclimation and place in nomination for the fourth position. the name of Cathy
Smith. Councilmember. City of Conroe. Texas. Second by Councilperson Sutherland. The
motion carried, 9 ayes, 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell,
Clarke and Mayor Malone
Nays: None
Me. Rigby brought to Council's attention this action is just one vote, and each TML member city
will have one vote.
16. ADMINISTRATIVE REPORTS
Assistant City Manager John Joerns stated appreciation from the City Managers Office and Staff
for the hard work put in during the budget process. He also stated appreciation for the support
and efforts which the Council put forward to complete the process.
17. COUNCIL ACTION
Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, and Mayor Malone
brought items to Council's attention. It was requested by Councilperson Maxwell that everyone
keep the Herrera family in their prayers. Mayor Malone asked the Deer Park students to come
forward after the adjournment of the meeting to receive a City of La Porte lapel pin in
appreciation for their attendance of tonight's meeting. Mayor Malone stated he would give the
group a copy of the full agenda from tonight's City Council meeting to take back for their class
review.
18. EXECUfIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW,
CHAPfER 551.071 THROUGH 551.076, AND 551.084, TEXAS GOVERNMENT CODE, -
(CONSULTATION WITH ATTORNEY, DELmERATION REGARDING REAL
PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFr OR DONATION,
PERSONNEL MATTERS, CONFERENCE WITH EMPLOYEES, DELmERATION
REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING
EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION)
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Minutes Public Hearing
and Regular Meeting
La Porte City Council
September 23, 1996, Page 12
A. SECTION 551.074 - (PERSONNEL)
MEET WIm CITY COUNCIL TO DISCUSS THE CITY MANAGER'S ANNUAL
EVALUATION
Mayor Malone reported he has received only three items for the City Manager's annual review
and would like to delay this agenda item until the next City Council meeting.
19. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE
SESSION
There was no consideration for this item.
20. ADJOURNMENT
There being no further business to come before Council, the meeting was duly adjourned at 7:50
P.M.
Respectfully submitted,
~~
Sue Lenes, City Secretary
Passed and Approved this the
14th day of October, 1996
~ ,/J
!r$J/1)11?/t(H&1
N an L. Malone, Mayor
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REQ!T FOR CITY COUNCIL AGENDA IT.
AGENDA DATE September 23. 1996 REQUESTED BY Jeff Litchfield. Finance Director/ACM
_ REPORT; _ RESOLUTION; XX ORDINANCE;
The City Council held budget workshops on August 27,28, and 29, 1996 to discuss proposed
budgets for the fiscal year beginning October 1, 1996 and ending September 30, 1997.
The Summary of Funds, which is shown below, represents the result of the workshops held with
City Council. All changes made by Council were incorporated into the various budgets.
Total of All Funds
20,716,200
103,000
100,000
6,179,885
148,741
46,687
1,547,378
1,362,671
1,377,580
183,600
1,374,000
651,000
350,000
2,212,280
796,603
822,123
37,971,748
General Fund
Hotel/Motel Occupancy Tax
Economic Development
Utility
Sylvan Beach
Airport
La Porte Area Water Authority
Golf Course
Motor Pool
Computer Fund
General Capital Improvement
Utility Capital Improvement
Sewer Rehabilitation Capital Improvement
General Debt Service
Utility Debt Service
La Porte Area Water Authority Debt Service
In addition to these budgets, a one time transfer of $1 ,500,000 will be made on October 1, 1996
to a newly created Transportation Fund. There are no budgeted expenditures from the new
fund for the fiscal year.
The only rate increase in the proposed budget involves rates at the Bay Forest Golf Course,
where rates will increase approximately one dollar per round. All other rates, including tax and
utility rates, will remain the same as they are in the current year.
ACTION REQUIRED BY COUNCIL: Adopt Ordinance Approving Fiscal Year 1996-97 Budget
FUND N/A
ACCT NUM: N/A
FUNDS AVAILABLE: N/A
'f /J B / f I.
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ORDINANCE NO. 96-2133
AN ORDINANCE APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF LA PORTE,
TEXAS, FOR THE PERIOD OF OCTOBER 1,1996 THROUGH SEPTEMBER 30,1997; FINDING
THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND
PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the Charter of the City of La Porte, Texas, and the Statutes of the State of Texas,
require that an annual budget be prepared and presented to the City Council of the City of La
Porte, Texas, prior to the beginning of the fiscal year of said City, and that a public hearing be held
prior to the adoption of said Budget; and
WHEREAS, the Budget for the fiscal year October 1, 1996, through September 30, 1997, has
heretofore been presented to the City Council and due deliberation had thereon, was filed in the
office of the City Secretary on August 14, 1996, and a public hearing scheduled for September 23,
1996 was duly advertised and held.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
SECTION 1: That the Budget for the City of La Porte, Texas, now before the said City Council for
consideration, a complete copy of which is on file with the City Secretary and attached hereto by
reference as Exhibit "A", is hereby adopted as the Budget for the said City of La Porte, Texas, for
the period of October 1, 1996, through September 30, 1997.
SECTION 2: Be it FURTHER ORDAINED, that the said City Council finds that all things requisite
and necessary to the adoption of said Budget have been performed as required by charter or
statute.
SECTION 3: The City Council officially finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council was posted
at a place convenient to the public at the City Hall of the City for the time required by law preceding
this meeting, as required by the Open Meetings Law, Chapter 551, Texas Govemment Code; and
that this meeting has been open to the public as required by law at all times during which this
Ordinance and the subject matter thereof has been discussed, considered and formally acted upon.
The City Council further ratifies, approves and confirms such written notice and the contents and
posting thereof.
SECTION 4: This Ordinance shall be in effect from and after its passage and approval.
PASSED AND APPROVED this the 23rd day of September, 1996.
A~~~
City Secretary
CITY OF LA PORTE, TEXAS
4:t~~ftt ~~
No an Ma I~, Mayord
.. / , ~ j
APPROV~~ t{)' rz?~
City Attorney
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. '''''"~~~:~~~:?~f;~~T~~::~;(W~/};. .-;..lli:~i~~0':'" .
f:im&BAYSHORE;8U~PAGELS<<';
-'T{'"":,,,; '~,' :"',,'''''"~ _, ",,:
.,1';-1. ~r ~~"'~:-;-"t~~'~~~;.~ ~;; . .~...
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'--'----'- _ ,t-. , , . . . .
~
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTlCE OF PUBUC HEARING
Notice is hereby given that the City Council
ci 1tw3 City of La FUte v.iI hdd a PtliJc Heafng
'on the 23rd day of Septf.linber.1996, in the
. 'eol.O:il a.aInbers of ttie. City HaJJ, 604 West
:Fairmont ' Parkway, . La "Forte, Texas.
~'oo9innjng at 6:00 pm.Th~ purpose of this
i heari ng is to P rovid e crtiz e I1S th e oppo rtunity
,to comment on the overall budget
i'~ The . City. of ;La~Porte must, by Charter
;.ffiquirenient;';::adoPi~itS'; fiscal' budget, by
Septe'mber 30;; 1996:;, .Wrthin thirty' days
. thereafter,CopieS of the adopted budget 'Nil!
i~iY3j~aiire '} tp.i~9blic~[ oS'pectionand
~,coPYing' at the~o.ttL~of the:Cfty.,Secretary.
. CIty HaJJ, 604 West fairmant Parkway, and
, th3 Ed:Il1 WisCiI P.i.'tic t.bffiiY.' 526 san Ja:::ri)
.... ,,,_, .........-',# ~.t"" '.-~J-r.-... <-.'..- - ...
. Street; dun~g'no~ pus~ness hours_~'~~-
f~:~';::':'t<::~_f(iil~,; ;\-I2jj>. -,~:S~"'.7 e:::~,:
'CJ''C'''-~, "','r' "''''','' ',fT""'Dr;.,>",-,.-~, 4':'.-
>,,;~"",_~,-'go fill
-r~l-{f< , '. -,-.....-
t~~' . . -" , ,.SUe Lanes
~K'~)' f'itv'Secietary
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REQIT FOR CITY COUNCIL AGENDA IT.
AGENDA DATE September 23. 1996 REQUESTED BY Jeff Litchfield. Finance Director/ACM
_ REPORT; XX RESOLUTION; _ ORDINANCE;
On August 16, 1996, the City of La Porte received the Certified Appraisal Roll from the Harris
County Appraisal District.
Section 26.04 of the State Property Tax Code requires the submission of the Appraisal Roll to
the Governing Body.
The 1996 Certified Tax Roll for the City of La Porte shows a total appraised value of
$1,233,901,980 and a total taxable value of $1,114,557,880.
ACTION REQUIRED BY COUNCIL:
Approve Resolution for acceptance of the appraisal roll.
FUND N/A
ACCT NUM: N/A
FUNDS AVAILABLE: N/A
'1/;1 hi
DKrE f
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RESOLUTION NO. 96-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, ADOPTING THE
1996 APPRAISAL ROLL OF THE HARRIS COUNTY APPRAISAL DISTRICT.
WHEREAS, the Harris County Appraisal District has submitted to the City Council of the City of La
Porte, for approval, the 1996 tax appraisal roll; and
WHEREAS, the City Council is of the opinion that the 1996 appraisal roll with the amounts shown
therein should be adopted;
WHEREAS, the Harris County Appraisal District has reported to the City Council that there was
situated in the City of La Porte, as of January 1, 1996, property with a total appraised value of
$1,233,901,980 and a total taxable value of $1,114,557,880;
WHEREAS, new personal property added to the appraisal roll had a total taxable value of
$2,719,400 as of January 1, 1996;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, THAT:
Section 1. THAT, the 1996 taxable roll in the amount of $1,114,557,880, as submitted by the
Harris County Appraisal District is hereby adopted;
Section 2. That 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 offices of City of La Porte 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.
PASSED AND APPROVED this the 23rd day of September, 1996.
ATTEST: ~_.
S~-
City Secretary
ZOF LA PORTE, TEXAS
~4A_/h~~
Norman Malo~ Mayor _ j
APPROV~~~?(~
-
City Attorney
_ e
REQ'ST FOR CITY COUNCIL AGENDA IT.
AGENDA DATE September 23. 1996 REQUESTED BY Jeff Litchfield. Finance Director/ACM
_ REPORT; _ RESOLUTION; XX ORDINANCE;
The Fiscal Year 1996-97 Budget was built around a tax rate of .71 cents per hundred dollar
valuation.
A breakdown of the tax rate is as follows:
General Fund = .57 per hundred dollar valuation
Debt Service = .14 per hundred dollar valuation
The tax rate of .71 is the same rate that has been adopted for the last seven years.
This years rate includes the moving of two cents of the tax rate from the Debt Service Fund to
the General Fund. This was made possible by the increase in the transfer from the Golf Course
Fund to the Debt Service Fund and by the increased property values of property in the City.
ACTION REQUIRED BY COUNCIL:
Approve Ordinance establishing the tax rate for Fiscal Year 1996-97 at .71 cents per hundred
dollar valuation.
FUND N/A
ACCT NUM: N/A
FUNDS AVAILABLE: N/A
te/1~
D TE'
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ORDINANCE NO. q h -? 1 14
AN ORDINANCE LEVYING TAXES UPON TAXABLE PROPERTY LOCATED WITHIN AND
SUBJECT TO TAXATION IN THE CITY OF LA PORTE, TEXAS; MAKING APPROPRIATIONS
FOR SUPPORT, MAINTENANCE, AND IMPROVEMENT OF THE CITY GOVERNMENT OF SAID
CITY OF LA PORTE; FINDING THAT ALL REQUIRED NOTICES HAVE BEEN PUBLISHED AND
ALL REQUIRED HEARINGS HELD; CONTAINING A REPEALING CLAUSE; CONTAINING A
SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE
Section 1. That there is hereby levied for the fiscal year beginning October 1, 1996, and ending
September 30, 1997, on all real property situated and all personal property owned within the
taxable limits of the said City of La Porte, on the first day of January, 1996, except so much as may
be exempt under the constitution and laws of the United States, this State, and the City of La Porte,
. the following taxes:
(1) An Ad Valorem Tax of and at the rate of fifty-seven cents ($.57) on the one hundred
dollars ($100.00) cash value thereof, estimated in lawful currency of the United
States for the current expenses for the support, maintenance, and improvement of
the City Government of said City of La Porte; and
(2) An Ad Valorem Tax of and at the rate of fourteen cents ($.14) on the one hundred
dollars ($100.00) cash value thereof, estimated in lawful currency of the United
States, to pay current interest on and provide one year's sinking fund and to pay all
of the Principal and Interest accruing on all outstanding general obligation bonds
and certificates of obligation lawfully issued by the City of La Porte.
That this provides the sum of total Ad Valorem tax at the rate of seventy-one cents ($.71) on the
one hundred dollars ($100.00) cash value thereof, estimated in lawful currency of the United
States.
Section 2. All property upon which a rate of taxation is hereinabove levied shall be assessed on
a ratio of one hundred percent (100%) of the estimated market value thereof.
Section 3. That the sums hereinafter accruing and collected from the hereinabove taxes so levied
be and the same are hereby appropriated for the support, maintenance, and improvement of the
City Government of the City of La Porte.
Section 4. The City Council officially finds, determines, recites and declares that all notices
required by law have been published, and that a public hearing as required by law was duly called
and held, and that all matters prerequisite to the establishment and levy of an ad valorem tax have
been accomplished, all as required by the laws of the State of Texas, and the Home Rule Charter
of the City of La Porte.
Section 5. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase,
or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the
remaining portions of this Ordinance, and it is hereby declared to be the intention of this City
Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of
ORDINANCE NO. 96-2134 4It
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PAGE 2
the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared
invalid.
Section 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the
extent of such conflict only.
Section 7. The City Council officially finds, determines, recites and declares that a sufficient written
notice of the date, hour, place, and subject of this meeting of the City Council was posted at a place
convenient to the public at the City Hall of the City for the time required by law preceding this
meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that
this meeting has been open to the public as required.
Section 8. This Ordinance shall be in effect from and after its passage and approval.
PASSED AND APPROVED this the 23rd day of September, 1996.
A~~S~~ ~
City Secretary
CITY OF LA PORTE, TEXAS
!t.~~/ffI4
N an Malone, Mayor J
APPROVE~l~
City Attorney
e e
REQmI FOR CITY COUNCIL AGENDA L
Agenda Date Requested:
Administrative Services
Requested By:
Report
Ordinance
Exhibits:
Ordinance 96-1285-M
SUMMARY & RECOMMENDATION
Ordinance No. 1285 which implements Civil Service and establishes classifications requires
revision when changes in classification occur.
Ordinance No. 96-1285-M reflects the addition of one police officer and one Assistant Chief
approved by Council during the budget process for fiscal year 1997. The additional police
officer will be hired using funds from a universal hiring grant from the federal government.
Action Required by Council:
Approval of Ordinance No. 96-1285-M.
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 A,enda
J~t
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ORDINANCE NO. 1285-M
AN ORDINANCE AMENDING ORDINANCE NO. 1285, "AN ORDINANCE
IMPLEMENTING POLICEMEN'S CIVIL SERVICE; ESTABLISHING CLASSIFICATIONS;
NUMBER OF AUTHORIZED POSITIONS IN EACH CLASSIFICATION; CONTAINING A
SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF".
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Section 3 of Ordinance 1285-L is hereby amended and shall
hereafter read as follows, to wit:
"Section 3: There are hereby established the following number of
authorized positions in each of the foregoing classifications, to wit:
CLASSIFICATION
NUMBER OF AUTHORIZED
POSITIONS
Police Officer
Sergeant
Lieutenant
Assistant Chief
41
9
4
1"
Section 2. Except as hereby amended, Ordinance No. 1285, as amended
shall remain in full force and effect.
Section 3. The City Council officially finds, determines, recites and
declares that a sufficient written notice of the date, hour, place and subject of this meeting
of the City Council was posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as required by the Open
Meetings Law, 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 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
.
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and posting thereof.
Secticm 4. This Ordinance shall take effect and be in force as of October 1,
1996.
PASSED AND APPROVED, this the 23rd day of September, 1996.
CITY OF LA PORTE
BY: !tonm~/1 A
orman L. Ma~
Mayor
ATTEST:
~-~
Sue Lenes
City Secretary
APPROVED:
2
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REQ'ST FOR CITY COUNCIL AGENDA IT.
AGENDA DATE September 23. 1996 REQUESTED BY Jeff Litchfield. Finance Director/ACM
_ REPORT; _ RESOLUTION; XX ORDINANCE;
The 1996-97 Golf Course Budget included an allowance for rates increases for green fees and
memberships. The current and proposed fees for the new year are presented below:
Category
Current
Weekday Resident
Weekend Resident
Weekday Non-resident
Weekend Non-resident
Twilight Weekday
Twilight Weekend
Senior Resident
Senior Non-resident
Membership - Resident Senior
Membership - Resident
Membership - Non-resident
$ 9.00
14.00
11.00
17.00
6.00
8.00
4.50
6.50
600.00
700.00
800.00
Proposed
10.00
15.00
12.00
18.00
7.50
10.00
5.50
7.50
700.00
800.00
900.00
It is estimated that these rate adjustments will generate $57,750 in additional revenues each
year.
ACTION REQUIRED BY COUNCIL:
Approve Ordinance 1587-H, changing certain rates at the Bay Forest Golf Course.
FUND N/A
ACCT NUM: N/A
FUNDS AVAILABLE: N/A
A
t'/20
D E'
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ORDINANCE 1587-H
AN ORDINANCE AMENDING ORDINANCE 1587, AN ORDINANCE ESTABLISHING USER FEES
AND RULES AND REGULATIONS FOR THE CITY OF LA PORTE'S BAY FOREST GOLF
COURSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1: Effective October 1, 1996, the City Council of the City of La Porte hereby establishes
the following user fees for green fees and memberships for the Bay Forest Golf Course.
Category
Fee
Weekday Resident
Weekend Resident
Weekday Non-resident
Weekend Non-resident
Twilight Weekday
Twilight Weekend
Senior Resident
Senior Non-resident
Membership - Resident Senior
Membership - Resident
Membership - Non-resident
$ 10.00
15.00
12.00
18.00
7.50
10.00
5.50
7.50
700.00
800.00
900.00
Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the
extent of such conflict only.
Section 3. The City Council officially finds, determines, recites and declares that a sufficient written
notice of the date, hour, place, and subject of this meeting of the City Council was posted at a place
convenient to the public at the City Hall of the City for the time required by law preceding this
meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that
this meeting has been open to the public as required.
Section 4. This Ordinance shall be in effect from and after its passage and approval.
PASSED AND APPROVED this the 23rd day of September, 1996.
A5~: ~~ ~
City Secretary
CITY OF LA PORTE, TEXAS
~~e4~
'Norman Malone, Mayo )/
APPROVE~ a! ~
City Attorney
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda-bate Requested: Seotember 9, 1996
Requested By: Sue Lenes tJ-. Department: Administration
Report Resolution XX Ordinance
Exhibits:
1.
2.
3.
Summary sheet of changes
Comparison Chart
Ordinance 96-
SUMMARY & RECOMMENDATION
At the present, the City of La Porte has several ordinances which govern the
manner in which Taxicab service is conducted in the City. Our goal is to
present a comprehensive ordinance for Council approval which will set a
policy benefiting citizens, businesses and the City of La Porte.
Attached is a summary sheet comparing the previous requirements for a taxicab
license and the new requirements as suggested in the ordinance placed before
you tonight.
A chart is attached for your review which compares the proposed City of La
Porte ordinance with other local cities. This chart indicates that staff's
proposal is mid-stream in comparison with the manner other cities conduct the
business of taxicab service.
In cooperation with the Office of the City Attorney, staff is presenting the
attached ordinance for your consideration. We feel this will accomplish the
goal of the City of La Porte to set forth guidelines which will benefit all
concerned, citizens, businesses, and the City.
Action Required by Council: Consider approval of an ordinance amending Chapter
24 of the Code of Ordinance regarding the manner Taxicabs operate in the city limits
of La Porte , Texas.
Availability of Funds:
General Fund
Capital Improvement
Other (None required)
WatertvVastewater
General Revenue Sharing
Account Number:
Funds Available:
YES
NO
Approved fllr City Council Ag~nd:
~. ~ilra. ~ity Manager
(/~~'
DATE
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SUMMARY OF TAXICAB LICENSE REQillREMENTS
Previous ReqJ.lirements
New Requirements
Resident of the City of La Porte
Citizen over 18; permanent base of business
operation in city; owner of vehicles used;
sober, trustworthy person
Submit affidavit showing gross receipts and
gross tax receipt for each cab On December
31st each year pay 2 % of gross receipts
Not applicable
Fares: $1.50 (base rate for local one way trip)
Fare $1.50 1st mile; $0.30 each 1/5 mile
there after. (first rate increase since 1971)
Waiting time $8.00 per hour
Waiting time $14.00 per hour
No fee for Driver of taxicab
$10.00 per year per driver
Annual renewal fee $25.00 per taxicab
Annual renewal fee $100.00 per taxicab (first
rate increase since 4-20-50)
No application fee per taxicab
Application fee $50.00 per taxicab (non
refundable)
Taxicab Ordinance
First Mile:
Miles After:
Waiting Time
1 minute - 1 hour
Example of
Passenaer Fees
$7.50
$7.50
$7.28
are.
$7.50
5 Miles
5 Miles
5 Miles
5 Miles
5 Miles
$14.00
$18.00
$18.00
$0.00
$14.00
First Mile:
Miles After:
Senior Fares
60 and Over
-
Does not monitor fare
structure. City uses
Pasadena Taxi Co. Inc.
Their fees are as follows:
$1.50 $1.50
01/5 $0.30 $1.50
Operates through a Block No program offered.
Grant Program monitored
by the Planning Dept.
$0.00
$0.00
10% reduction only
if no other younger
passenger is aboard.
02/11 $1.35
11L45 $0.27
$0.00
$0.00
02/11
11/45
$1
$0
Fares
e
$0.00
Annual License
Renewal Fee
Annual Vehicle
Renewal Fee
Annual Driver
Renewal Fee
Example of Renewal
Compan Fees
New Application Fee
New License Fee
Per Vehicle & Driver
Example of New
Companv Fees
2 Taxi Vehic1es
2 Taxi Vehic1es
Does not monitor fare
structure. Presently no
cab Company operates
within the city limits of
50 I Webster.
30
No program
$0.00
offered.
$1.50
1/5 $0,30
No program offered.
2 Taxi Vehic1es
$300.00
2 Taxi Vehic1es
$0.00
$75.00
$10.00
$50.00
01
11
-10
-20
$5.00
$0.00
$4,000.00
$6,000.00
$50,00
~er comEany $100.00
$50,00
$10.00
$1
00.00
2 Taxi Vehic1es
$75.00
2 Taxi Vehicles
$0.00
$60.00
01
11
$0,00
$4,005.00
$6,005.00
$300.00 I
2 Taxi Vehic1es 2 Taxi Vehic1es
$450.00
$0.00
$110,00
City of Baytown
Square Miles 1 Population
32.7 '95-69.000
$0.00
Square Miles I Population Square Miles 1 Populatio
24.0 '90-27652 59.524 '95-125.500
$0,00
City of Webster
SquareMiles/Populatio SquareMiles/Population
7.00 '95-6100 18.335 '95-31.880
$50,00 $50,00
Taxicab Fee Com
-
Deer Park
City of
City of Pasadena
.
iar/son
City of La Porte
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ORDINANCE NO. 96-2135
ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES OF THE
CITY OF LA PORTE, "TAXICABS"; REGULATING TAXICABS; PROVIDING THAT
ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED
GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A
SUM NOT TO EXCEED FIVE HUNDRED DOLLARS; PROVIDING A SEVERABILITY
CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL TO THE CITY OF LA PORTE:
SECTION 1. The Code of Ordinances, City of La Porte, is hereby amended by
repealing Sections 24, Section 24-1 through Section 24-29, both inclusive, thereof, and
substituting therefore the following, to-wit:
DIVISION 1. GENERALLY
Definitions
The following words and phrases, when used in this article, shall have the
meanings respectively ascribed to them in this section:
City: The City of La Porte, Harris County, Texas.
Driver: Every person in actual control of the operation of a taxicab, whether as
owner, joint owner, agent, servant, bailee or employee.
Owner: Any person having the control, direction, maintenance or benefit of
collection of revenue derived from the operation of a taxicab as owner, jointly or
singularly, whether as actual owner or otherwise, except as a driver.
Taxicab: Every automobile or motor propelled vehicle used for transportation of
passengers for hire over any street in the city, except motorbuses operated under a
franchise from the city and motorbuses operating under a permit or certificate from the
state railroad commission or the interstate commerce commission.
State law reference - Authority of city to license and regulate persons owning,
operating or controlling vehicles used for carrying passengers for hire, V.T.C.A., Local
Gov't Code, 9 215.004.
Sec. 1.1 Enforcement of article; duty of police.
Every police officer of the city is hereby given authority to watch and observe the
conduct of holders of taxicab franchises and licenses and taxicab drivers. Upon
discovering a violation of the provisions of this article, every officer shall take immediate
steps to enforce the law, either by arrest or by a report to proper officials.
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Sec. 1.2 Prosecution for violation of article provisions.
In a prosecution for violation of this article it shall not be necessary for the
complaint to allege or for proof to be made, that the act was knowingly done nor shall it be
necessary for the complaint to negate any exception contained in this article concerning
any prohibited act.
Sec. 1.3 Liability of city.
The city shall not be liable for any reason for the amount due to any claim or on
account of any act or omission of any officer of the city in connection with any matter
relating to taxicabs.
Sec. 1.4 Owner to employ only licensed drivers.
It shall be unlawful for any owner of any taxicab to permit any person who has not
been licensed with a taxicab license issued under the provisions of this article to drive or
operate any taxicab.
Sec. 1.5 Inspection; Authority of City to Inspect.
(a) Every person owning a taxicab in the city shall have the same inspected at
his own expense once every year by an automobile mechanic certified by the State. It
shall be the duty of the owner of every taxicab to ascertain the type and kind of inspection
required by this ordinance. A certificate evidencing compliance with this section shall be
kept posted in the taxicab in such position as to be plainly visible to all passengers
thereof, and in addition, a sticker evidencing inspection for the current permit year,
prominently displayed over the front windshield of the taxi cab.
(b) The City of La Porte shall have the right to inspect all taxicabs licensed or to
be licensed pursuant to these regulations to determine if such vehicles meet the following
minimum standards:
i) each vehicle shall be equipped with a fire extinguisher that has a fire
extinguisher tag evidencing that the extinguisher was inspected by a fire
extinguisher service during the 30-day period immediately preceding the
application or renewal of such application for a taxicab permit;
ii) each vehicle shall be free from dirt or rubbish and shall otherwise be clean,
sanitary, and free from interior or exterior damage;
iii) the vehicle's identification number and license number shall be compared to
the numbers listed on the taxicab license application for accuracy;
iv) each vehicle shall be equipped with an air conditioner that is in good
working order and shall have windshields that are free from cracks; and
v) each vehicle shall be equipped with a taxi meter and shall have a certificate
of calibration showing that such taxi meter was calibrated within the 30-day period
immediately preceding the application or renewal of such application for a taxicab
permit, and that the taxi meter is in good working order.
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(c) At no time shall any taxicab that is found to be unsafe be operated over the
streets of the City. Nothing herein, however, shall prevent the City from inspecting any
taxicab at any time and if the City, through its agents, servants, and/or employees, should
find that any taxicab is in a defective condition, the City Secretary shall order the use of
said taxicab discontinued until same is reinspected and approved pursuant to the terms of
these regulations.
Sec. 1.6 Taxicab driver's license to be posted in cab.
No taxicab shall be driven or operated over, upon or along any street, avenue,
alley or road in the city, for the carriage of passengers, unless there be then and there
displayed in a conspicuous place in the interior of the taxicab, original or duplicate
facsimile of the taxicab driver's license, issued by the City of La Porte pursuant to the
provisions of this article.
Sec. 1.7 Identification of vehicles.
Every holder of a permit granted under the terms of this article shall have and keep
visibly displayed a sticker attached to the rear window with the words, "City of La Porte
Taxicab Permit No. ", conspicuously displayed.
Sec. 1.8 Property left in vehicle; disposition
All drivers of taxicabs shall promptly deliver to the police department of the city or
to their employers all property left in the vehicles by passengers. If a driver delivers the
articles to his employer, the latter shall deliver them to the police department. When
articles left in taxicabs have been delivered to the office of the Chief of Police, he shall
make an entry of the fact in a book provided for that purpose and shall keep all the
articles until claimed by the owner, or until disposed of in accordance with State law.:.
Sec. 1.9 City officers, employees not to accept favors from owners or drivers.
It shall be unlawful for any officer or employee of the city to accept directly or
indirectly any gifts, discounts or gratuities from any holder of a taxicab franchise or any
taxicab driver or from any person engaged in the repair of taxicabs.
Sec. 1.10 Maximum seating.
It shall be unlawful for any person engaged in the taxicab business to overcrowd
the taxicab and thereby endanger the passengers carried therein; the term "overcrowd"
shall mean that the driver is transporting a greater number of people in the vehicle than
has been recommended by the manufacturer of the vehicle, or for whom there is not a
seat belt, inclusive of the driver. It shall be unlawful in any event from more than one (1)
passenger to ride in the front seat of the taxicab with the driver.
Sec. 1.11 Receipt, discharge of passengers.
No driver of a taxicab shall receive or discharge passengers in the roadway of any
street, but shall drive to the right-hand sidewalk as nearly as possible, or, in the absence
of a sidewalk, to the extreme right-hand side of the road and there receive or discharge
passengers.
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Sec. 1.12 Parking.
(a) All taxicabs shall be subject to the sections of this Code, articles of the city and
state law concerning parking of motor vehicles.
(b) No taxicab shall be parked at any time on any public street or alley except for
the purpose of loading and unloading passengers.
Sec. 1.13 Same - Consumption in vehicle.
It shall be unlawful for any driver or passenger of any taxicab to drink alcoholic
beverages of any kind while inside the taxicab, or to have an open container of any
alcoholic beverage of any kind.
Sec. 1.14 Cruising prohibited.
The practice of cruising a taxicab upon the streets of the city for the solicitation of
passengers is hereby prohibited.
DIVISION 2. OWNER'S PERMIT
Sec. 2.1 Required
It shall be unlawful for the owner of any taxicab to operate the taxicab on any
street within the city without first obtaining from the City Secretary of the city a permit
authorizing the operation thereof.
Sec. 2.2 Qualifications of applicants.
To be entitled to the permit required by the provisions of this division, the applicant
therefor must have the following qualifications: He must be a citizen of the United States,
over eighteen (18) years of age, and must have a permanent base of operation the city
limits of the City of La Porte. He must be the owner of the vehicle or vehicles for which
the license is sought and he must be a sober, reliable and trustworthy person for the
operation of an automobile for hire.
Sec. 2.3 Application; contents; fingerprints.
(a) Prior to issuance of any permit under the provisions of this division, the owner
shall make written application to the City Secretary stating:
(1) His name;
(2) Place of residence for the preceding two (2) years;
(3) Sex;
(4) Age;
(5) Customary occupation;
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(6) A statement that all city, state, county and school taxes are current on his
real and personal property located or to be operated within the City of La
Porte;
(7) The number of taxicabs which he then operates or proposes to operate in
the city;
(8) The names, addresses, Texas driver's license numbers and City of La Porte
taxicab license numbers of each of his employee taxi drivers, together with
a copy of the make, motor number, license number, model number and
registration number of each vehicle proposed to be operated under such
permit;
(9) The stands at which the taxicab will remain within not in actual service;
(10) A description of the vehicle for which the permit is sought, stating the name,
make, motor number and license number of the vehicle.
(11) A description of the taxi meter to be provided for the taxicab, together with a
certificate of calibration showing that such taxi meter was calibrated within
the thirty (30) day period immediately preceding the application or renewal
of such application for the taxicab permit, and that such taxi meter is in
good working order.
(12) A statement by the applicant, verified by the City of La Porte, that the
applicant has not been convicted of a felony for the ten (10) years
preceding the filing of the application, and that the applicant has not
committed a crime involving moral turpitude for said ten-year period.
(b) Each applicant must have his fingerprints taken by the police department of
the city at the time of submission of the application.
(c) The initial application shall be accompanied by a non-refundable license fee
of $50.00 per vehicle to cover the expense of processing the application. Subsequent
renewal applications for the same taxicab shall not be subject to the $50.00 per vehicle
application fee.
Sec. 2.4 Action on Application-City Approval & Renewal
Upon receipt of a satisfactory application, the City shall cause an investigation of
the applicant to be made as it deems necessary. The investigation shall be completed as
soon as practicable but in no event later than ten (10) working days after receipt of
original application.
If, as a result of such investigation, the applicant's qualifications are found to be
unsatisfactory, the City shall endorse its disapproval upon the application and the reasons
for same, and cause said application to be denied.
If, as a result of such investigation, the applicant's qualifications are found to be
satisfactory, the City shall endorse same on the application and approve the application.
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An applicant who is denied a taxicab permit shall have the right to appeal to the
City Council within ten (10) days from the date of denial of the permit. The appeal shall
be perfected by a letter address to the City Secretary stating than an appeal from the
decision of the City of La Porte is desired. City Council, as soon a practicable after
receiving such notice of appeal from the findings of the City, and after hearing on such
appeal, shall sustain, modify, or reverse the findings made by the City and shall notify the
Applicant of its findings. Findings of the City Council shall be final.
Sec. 2.5 Fee for taxicab permit
(a) The fee for a taxicab permit issued by the City of La Porte shall be $100.00
per annum for each taxicab licensed. Such fees shall be collected by the City Secretary
prior to the issuance of the taxicab permit. Permits issued are issued on a calendar year
basis, becoming effective January 1 of the year in which issued, and continuing in effect
until December 31 of said licensed year, unless revoked as provided in this article. If an
applicant for a taxicab permit seeks a permit in the middle of a calendar year, said permit,
within and if issued, shall be effective from the date of issuance until December 31 of the
calendar year in which the permit is issued. The fee for said taxicab permit issued during
a calendar year shall be pro-rated.
(b) Failure of an owner to pay the permit fee shall render the permit canceled
immediately, without further notice to the permit holder. Payment of any of the fees
required under the terms hereof shall not bar a prosecution for violations of the terms of
this article.
Sec. 2.6 Temporary vehicle permits.
Whenever a taxicab shall become inoperative, the owner may apply to the City
Secretary or his duly designated representative, for a temporary permit to operate another
vehicle during the time that the authorized taxicab shall remain inoperative. The City
Secretary or his duly designated representative, upon the presentation of the application
and a certificate evidencing an inspection of the vehicle, as well as the vehicle's
compliance with all applicable provisions of this article, shall issue a temporary permit for
any period not to exceed thirty (30) days. All other provisions of this code relate to the
operation of taxis operating under temporary permits, as well as annual permits.
Sec. 2.7 Assignment.
No permit issued under the provisions of this article shall be sold, assigned,
transferred, pledged or let without the written approval of the City Secretary or his duly
designated representative, and then only upon a showing that the .transferee, assignee,
or buyer is in full compliance with the provisions of this article. In no event shall a permit
be sold, assigned, transferred, pledged or let except upon full compliance by the
purchaser with the terms of this article.
Sec. 2.8 Expiration and revocation.
It is the duty of the holder of any permit issued under this Article to keep said
permit current, and likewise to keep application required in section 2.3 current. Failure of
the owner of a taxicab for which a permit has been issued to use the vehicle for a period
in excess of sixty (60) days shall automatically render the same null and void. The
owner's permit authorized under the provisions of this division is a privilege and not a right
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and may be revoked by the City Council for the violation of any applicable provision of this
Code, state law or city article, rule or regulation, or whenever, in its discretion, deems the
revocation best for the welfare, safety and protection of the lives, property and happiness
of the citizens of the city. Any permit issued under the provisions of this article shall be
non-assumable. No vested, irrevocable right is conferred upon issuance thereof by virtue
of such issuance only.
DIVISION 3. DRIVER'S LICENSE
Sec. 3.1 Required.
It shall be unlawful for any person to drive a taxicab within the corporate limits of
the city without first obtaining a license therefor from the City Secretary.
Sec. 3.2 Qualifications and conduct of drivers.
No license shall be issued under the provisions. of this division to any applicant
unless he is trustworthy, sober, competent to operate a taxicab, of good moral character
and unless his physical and mental faculties enable him to fully perform all of the duties
incident to driving a public vehicle with maximum safety. No license shall be issued to
any person who has been convicted of an offense against the criminal laws of the United
States or against the criminal laws of the United States which involves moral turpitude or
driving while intoxicated for the last 10 years, and the license of any person authorized to
drive a taxicab shall be subject to cancellation at any time after the conviction. No person
shall drive any taxicab within the corporate limits of the city unless he shall be free from
communicable disease.
It shall be the duty of each taxicab driver to be hygienically clean, well groomed,
neat, and suitably dressed in compliance with all applicable requirements of the section at
all times while a taxicab is in his or her custody.
Male drivers shall be clean shaven and hair shall be neatly trimmed. If a beard or
mustache is worn, it shall be well groomed and neatly trimmed at all times in order not to
present a ragged appearance.
The term "suitably dressed" shall be interpreted to mean the driver, if male, shall
wear trousers, a shirt with a collar, with or without a tie, shoes, and, if desired, appropriate
outer garments.
The term "suitably dressed" shall be interpreted to mean the driver, if female, shall
wear skirts, trousers, slacks, a shirt with collars or a blouse, shoes, and, if desired,
appropriate outer garments.
Clothing that is not considered appropriate and is not permitted when the driver,
male or female, is in charge of a licensed taxicab includes: T-shirts, underwear, tank
tops, body shirts, swim wear, jogging suits, or similar types of attire when worn as an
outer garment, shorts or trunks Gogging or bathing), or sandals.
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Sec. 3.3 Application-Contents.
Any person desiring to secure a license required under the provisions of this
division shall file with the City Secretary a written application stating:
(1) The name, age, place of residence and occupation of the applicant;
(2) Social Security number of each applicant.
(3) The ownership of each vehicle for which a license to drive is desired, with a
brief identifying description of the vehicle;
(4) The number of the applicant's Texas driver's license;
(5) The name and address of the owner of the taxicab he will drive;
(6) A statement of whether the applicant has been charged with a violation of
any provision of this Code, state law or other article of the city and, if so, the
time, place and nature of each violation; and
(7) Copy of insurance policies covering the taxicab, as required by law.
(8) A copy of the applicant's driving record, together with a copy of the
applicant's criminal history for the last ten (10) years.
It shall be the responsibility of the applicant to keep all information required in the
application current for the duration of the taxicab license. Likewise, it shall be the
responsibility of the applicant to update said information at all times.
Sec. 3.4 Fee for taxicab drivers license
The fee for a taxicab drivers license issued by the City of La Porte shall be ten
dollars ($10.00) per annum for each taxicab drivers license. Such fees shall be collected
by the City Secretary prior to the issuance of the taxicab drivers license. The taxicab
drivers license is issued on a calendar year basis, becoming effective January 1 of the
year in which issued, and continuing in effect until December 31 of said licensed year,
unless revoked as provided in this article.
Sec. 3.5 Same-False statements.
It shall be unlawful for any person to knowingly and willfully make any false
statement in his application for a license required by the provisions of this division.
Sec. 3.6 State license required.
No license shall be issued under the provisions of this division unless the applicant
therefor has first had and obtained a valid Texas driver's license from the state.
Sec. 3.7 Issuance.
If the applicant for a license to be issued under the provisions of this division has
complied with all provisions hereof and if the City Secretary determines that the applicant
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is qualified to operate a taxicab within the city, he shall issue the applicant a license
therefor.
Sec. 3.8 Expiration.
Every license issued under the provisions of this division shall expire at the end of
the calendar year next following the date of issue.
Sec. 3.9 Revocation.
The license authorized under the provisions of this division is a privilege and not a
right and may be revoked by the city council for the violation of any applicable provision of
this Code, state law or city article, rule or regulation, or within, in its discretion, deems the
revocation best for the welfare, safety and protection of the lives, property and happiness
of the citizens of the city.
DIVISION 4. LIABILITY INSURANCE
No taxicab shall be permitted to operate at any time upon the streets of the City of
La Porte unless that taxicab is covered by insurance in accordance with the provisions of
this article. Any taxicab without insurance is hereby declared to be unlicensed for
operation by the City of La Porte.
Sec. 4.1 Required; approval; etc.
Before any permit shall be issued under Division 2 of this article to any owner of a
taxicab, or before any renewal of a permit shall be granted, the owner shall file with the
City Secretary, and thereafter keep in full force and effect, a policy of public liability
insurance approved by the City Manager or his designated representative, and executed
by an insurance company duly authorized to do business in the state, and performable in
this county, insuring the public against any loss or damage that may result to any person
or property from the operation of the taxicab covered or to be covered by the permit. Said
insurance policies shall name the City of La Porte as an additional named insured, and
said policies shall provide for prior notice of cancellation to the City of La Porte as
provided in this Division.
Sec. 4.2 Minimum amount of coverage.
(a) The maximum amount of recovery in a policy of insurance required by this
article shall not be less than the following sums:
(1) For the injury or death of anyone (1) person in anyone (1) accident,
$20,000.00.
(2) For total liability in anyone (1) accident or personal injuries or death,
$40,000.00.
(3) For injury or destruction of property in anyone (1) accident, $15,000.00.
(b) The minimum amount of insurance liability shall never be less than the
amount established by the statutes of the state under the Texas Safety Responsibility Act
or amendments thereto.
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Sec. 4.3 Persons protected.
The public liability insurance required by this division shall be for the protection of
the passengers of the insured taxicab and for the public, but shall not cover personal
injuries sustained by the servants, agents or employees of the person filing the insurance.
Sec. 4.4 Provision for continuing liability.
All policies of public liability insurance required by this division shall contain a
provision for a continuing liability thereon up to the full amount thereof, notwithstanding
any recovery thereon.
Sec. 4.5 Cancellation.
(a) If any insurer desires to be released from any insurance filed under this
division, it may give written notice of the desire to the City Secretary at least thirty (30)
days before it desires its liability released, and the City Secretary shall thereupon give
written notice, by personal delivery or by mail, to the insured and demand that he furnish
new assurance by the expiration of the thirty day period above provided for, and shall
discharge the first insurer from any liability which shall accrue after the time of approval of
the new policy, or shall discharge the first insurer after the expiration of the thirty day
period.
(b) If any policy is so canceled upon the request of the insurer, and no new
insurance policy is filed before the cancellation of the original insurance, the license to
operate taxicabs granted to the insured shall be automatically revoked.
Sec. 4.6 City not liable for solvency of insurer; owner's liability not affected; suits
on policy.
Neither the city nor any officer thereof shall be held liable for the pecuniary
responsibility or solvency of any insurer under the provisions of this division, or in a any
manner become liable for any sum on account of any claim or act or omission relating to
the insured vehicle, nor shall the liability of the owner of any vehicle be in any manner
limed or changed by reason of the provisions of this division, but the judgment creditors
having causes of action secured thereby shall be authorized to sue directly on such policy
of insurance without impleading the city, and all persons known to any insurer to have
been injured or damaged in the same accident and claiming damages thereunder may be
made parties without priority of claim on payment in any suit had or instituted on account
of such matters.
DIVISION 5. REGULATION OF FEES TO BE CHARGED BY TAXICABS
Sec.5.1 Daily manifest.
Every driver of a taxicab shall maintain a daily manifest upon which is recorded all
trips made each day, showing the time and place of origin and destination of each trip,
number of passengers, the amount of fare, and total number of hours driven. All such
completed manifests shall be returned to the owner of the taxicab by whom the driver is
employed at the conclusion of the driver's tour of duty of the day. It shall be the duty of
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the owner to furnish the forms for such manifest record and to see that such manifest is
kept daily by each driver.
Sec. 5.2 Taxi meters.
All taxicabs operating upon the streets in the city shall be installed and equipped
with taximeters which said taximeters shall be in good working order and subject to
inspection at any and all reasonable times by the City of La Porte. It shall be the
responsibility of the owner of the taxicab to provide to the City of La Porte a certificate
containing the information required in Section 2.3(a)(11).
Sec. 5.3 Passengers must pay for use of cabs.
It shall be unlawful for any passenger to refuse to pay the legal fare due from him
for the use of any taxicab after having hired the same. Any person who hires any taxicab
with the intent to defraud the person from whom it is hired, and after using the same, fails
or refuses to pay the taxicab fare due him shall be guilty of a misdemeanor.
Sec. 5.4 Terminals and sub-terminals
(a) Every operator of a taxicab shall maintain within the city limits a terminal or
terminals of sufficient size to accommodate all of the owner's taxicabs. Every operator
shall maintain twenty-four (24) hour per day public telephone service at not less than one
of such terminals. Sub-terminals at hotels, depots and other places shall be pre-
approved by the City of La Porte.
(b) The drivers of taxicabs using sub-terminals shall remain seated in their
vehicles at all times while such vehicle is at a sub-terminal. However, such drivers may
leave their vehicles when actually necessary to assist passengers to enter or leave same,
or in any case of accident, necessity or emergency beyond the control of the driver.
(c) The form and type of a terminal shall be of such a nature that affords a safe,
sanitary and lawful operation of transportation by the taxicabs at said terminal shall be in
compliance with all codes and ordinances of the City of La Porte. The site, location and
type of proposed buildings and the sanitary conditions of the terminal shall be reflected in
the application.
Sec. 5.5 Fares.
(a) The City Council shall have the right to change or establish the rates and fares
to be charges by taxicabs in the city at any time it deems necessary by ordinance. Until
otherwise changed by the City Council, the following taxicab rates and fares shall be
effective in the city:
(1) The rate of fare for one or more passengers picked up from the same
point and delivered to a common destination shall be one and a half dollars ($1.50)
initial fare and thirty cents ($.30) for each one-fifth (1/5) mile.
(2) Waiting time consumed by the taxicab at the instance of the
passengers shall be at the rate of Fourteen Dollars ($14.00) per hour. Waiting
time shall be registered on the taxicab's meter with the selector lever in the time
position.
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(3) In the event two (2) or more passengers are going to the same
destination, the driver shall collect only one fare as recorded on the taximeter. If
the passengers are going to different destinations, the driver shall clear his meter
at the first destination and charge the first passenger the amount recorded on the
taximeter, and proceed to the next destination as though it were a completely new
trip. Other destinations shall be treated likewise.
(b) No taxicab shall be operated any time with a passenger unless the meter is
correctly operating and showing the rates that are being charged. If at any time the
taximeter stops or fails to operate or is operating incorrectly, it shall be the duty of the
operator of the taxicab to immediately take the taxicab to its terminal and not operate
such taxicab until the meter has been fixed and adjusted.
(c) It shall be the duty of the applicant or licensee to have the taximeter in each
taxicab inspected during the thirty day period immediately preceding the application for
taxicab permit and to provide written proof that each taximeter is in good working order
and free from mechanical defects. The city shall have the right to inspect the taximeter
any time it so desires.
Sec. 5.6 Misdemeanor to overcharge.
It shall be unlawful for any owner, driver, or operator of any taxicab to refuse to
convey a passenger over the most direct route practical, or to demand or receive an
amount in excess of the rates displayed on the rate cards displayed in the taxicab and/or
the rate shown on the meter, freewill tips excepted.
Sec. 5.7 Penalties.
Each violation of this chapter shall constitute a separate offense and shall each be
punishable as a Class C Misdemeanor.
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 is 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 Chapter
551, Tx. Gov't Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject matter thereof has
been discussed, considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the contents and posting
thereof.
SECTION 3. This Ordinance shall be effective fourteen (14) days after its passage
and approval. The City Secretary shall give notice of the passage of this ordinance
by causing the caption hereof to be published in the official newspaper of the City
of La Porte at least twice within ten (10) days after the passage of this ordinance.
SECTION 4. If any section, sentence, phrase, clause, or any part of any section,
sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid,
such invalidity shall not affect the remaining portions of this ordinance, and it is
hereby declared to be the intention of this City Council to have passed each
section, sentence, phrase or clause, or part thereof, irrespective of the fact that any
other section, sentence, phrase or clause, or part thereof, may be declared invalid.
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SECTION 5. Any person, as defined in Section 1.07 (27), Texas Penal Code, who
shall violate any provision of the ordinance, shall be deemed guilty of a
misdemeanor and upon conviction shall be punished by a fine not to exceed FIVE
HUNDRED DOLLARS ($500.00).
PASSED AND APPROVED this the23rdday of September ,1996
CITY OF LA PORTE
BY~tl~~AYOR
ATTEST:
L~~
Sue Lenes, City Secretary
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ATIEST:
.s1Sue Lenes
City Secretary
APPROVED:
s1John D. Armstrong
Assistant City Attorney
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; TERMS OF.THIS;ORDINAN,C.e..SIiA~.BE<
- DEEMED GUILTY OF A MISDEMEANOR:
AND UPON. CONVICTION.'SHALL 'BE
. FINED IN A SUM NOTTO EXCEED FIVE.
HUNDREDd DOLLARS;':PROVIDING 'A'
SEVERABILITY. CLAUSE;.. FINDING I
COMPLIANCE .:'WITH .,THE., OPEN
MEETINGS LAW; AND PROVIDING AN"
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CITY OF LA PORTE'
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wJohn DJArmstron'g. ~t7':';:~''''.'J r.;.>~'.;' ,j
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REQUa FOR CITY COUNCIL AGENDA 1M
Agenda Date Requested:
September 23. 1996
Requested By:
Bobbv L. Powell
Department:
Police
Report
Resolution
x
Ordinance
Exhibits: Revised Wrecker Ordinance
SUMMARY & RECOMMENDATION
Title VI of The Federal Aviation Administration and Authorization Act of 1994 has
infringed upon the ability of a municipality to regulate automobile wreckers and tow
trucks within the boundaries of the municipality.
The City of La Porte had engaged in a process of permitting tow trucks and wreckers
based upon whether or not the "public convenience and necessity" would be served
by allowing additional wreckers upon the streets of the City. The new federal law no
longer allows a city to regulate tow trucks or wreckers upon that basis.
We have redrafted the wrecker ordinance making the necessary changes to comply
with the new federal law and changes made in the Texas Tow Truck Act.
The only substantive change to the Wrecker Ordinance fees is an increase from $8.50
to a maximum of $15 charge for vehicle storage pick-up during non-business hours.
Action Required by Council:
Consider Council approval of revisions to comply with the federal law and Texas Tow
Truck Act.
Availability of Funds: N/ A
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
Funds Available: _YES _NO
Approved for City Council Agenda
DATE
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ASKINS & ARMSTRONG, P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P.O. BOX 1218
LA PORTE. TEXAS 77572-1218
KNOX W. ASKINS
JOHN D. ARMSTRONG
TELEPHONE 713 471-1886
TELECOPIER 713 471-2047
CHARLES R. HUBER. JR.
BOARD CERTIF"IEO . CIVIL TRIAL LAW
TEXAS BOARD or L.EGAL SPECIALIZATION
August 12, 1996
Mr. Robert Herrera,
City Manager
City of La Porte
P. O. Box 1115
La Porte, TX 77572-1115
RE: Updates to the City's Wrecker Ordinance
Dear Bob:
As you might be aware, Title VI of the Federal Aviation Administration and
Authorization Act of 1994 [(Pub. Law 103-305; 49 U.S.C. ~ 11501(h)) has infringed
upon the ability of a municipality to regulate automobile wreckers and tow trucks within
the boundaries of the municipality.
The City of La Porte, like many municipalities, had engaged in a process of
permitting tow trucks and wreckers based upon whether or not the "public convenience
and necessity" would be served by allowing additional wreckers upon the streets of the
City. The new federal law quoted above no longer allows the City of La Porte to
regulate tow trucks or wreckers upon that basis.
In addition, it has been a goal of mine to "clean up" as many ordinance as
possible as part of our municipal recodification process. The wrecker ordinance is one
that is in need of change to comply with the new federal law.
Therefore, I have undertaken the task of redrafting the City's wrecker ordinance,
making changes necessary to comply with the new federal law. Further, changes made
to the Texas Tow Truck Act have been carried forward into the new ordinance.
In addition, permissible fees and charges have been simplified and up-dated.
These up-dates were requested by Police Chief Bobby Powell, and have been included
in this draft of the ordinance.
e
AS. & ARMSTRONG. P. C.
ATTORNEYS AT LAW
Mr. Robert Herrera
City of La Porte
August 12, 1996
Page 2
I would like to ask you to review these ordinance revisions, and place it on an
upcoming City Council agenda if you feel it is ready for Council review.
If you have any further questions or comments, please do not hesitate to let me
know.
As always, I remain,
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ORDINANCE NO. 96-2136
ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES OF THE
CITY OF LA PORTE, "AUTO WRECKER AND TOWING VEHICLE"; REGULATING
AUTO WRECKERS AND TOWING VEHICLES; PROVIDING THAT ANY PERSON
VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A
MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO
EXCEED FIVE HUNDRED DOLLARS; PROVIDING A SEVERABILITY CLAUSE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL TO THE CITY OF LA PORTE:
SECTION 1. The Code of Ordinances, City of La Porte, is hereby amended by
repealing Chapter 6, Section 6-1 through Section 6-26, both inclusive, thereof, and
substituting therefore the following, to-wit:
Sec.6-1-A.
Effect of State Law and Regulations
The provisions of this ordinance are subject to the proVIsions of Sections
502.281,502.051 and 502.102 of the Texas Transportation Code and the Texas
Vehicle Storage Facility Act, article 6687-9a, Revised Civil Statutes. In the event
of any conflict between the provisions of this ordinance and any provisions of
such State statutes and the regulations promulgated thereunder, the provisions
of the relevant State statutes and regulations thereunder shall control, to the
extent of such conflict. Specifically, and without limiting the generality of the
foregoing, the City of La Porte may not require a tow truck registered under the
provisions of the Texas Tow Truck Act, to obtain City of La Porte Registration,
license, or permit for consent tows unless the tow truck owner has a place of
business located within the boundaries of the City of La Porte. The City of La
Porte may require City of La Porte registration, license, or permit for all tow
trucks performing non-consent tows within the boundaries of the City of La Porte
without regard to the location of the place of business of the tow truck owner.
The City of La Porte registration, license, or permit will be in addition to the
requirements of the Texas Tow Truck Act.
Sec. 6-1-8. Definitions.
(a) Towing Vehicle. The term "towing vehicle," as used in this chapter, shall
mean any automobile, truck, or other motor vehicle used for the purpose
of towing, carrying, pushing, or othelWise transporting any motor vehicle
which has collided with another motor vehicle or other object, or which
has been wrecked or disabled in any manner, from one place to another
for any purpose, including but not limited to the purpose of wrecking,
storing, or repairing the vehicle, and does not appear at the scene of an
accident where a vehicle has been disabled upon a public street or public
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place for the purpose or expectation of towing one of the vehicles from the
scene. The term "towing vehicle" shall not be construed to include a
service car or other vehicle not equipped with mechanical devices for
transporting wrecked vehicles and not used for such purposes, such as
service cars, equipped with compressed air containers and tools for
repairing punctured tires or otherwise equipped with tools for performing
minor repairs not involving towage or transportation of wrecked or
disabled vehicles.
(b) Auto Wrecker. The term "auto wrecker", as used in this chapter, shall
mean a towing vehicle which may lawfully appear at the scene of an
accident where a vehicle has collided with another vehicle or other object
or which has been wrecked or disabled in any manner for the purpose or
expectation of towing, removing or hauling away the wrecked vehicle or
vehicles from the scene of the accident without having been expressly
summoned there by the police department or the owner of one of the
vehicles involved in the accident.
(c) Person. The term person shall include both singular and plural and shall
mean and include any individual, firm, corporation, association or
partnership.
(d) Wrecker Driver. The term ''Wrecker Driver" as used in this chapter, means
any individual who actually operates and drives a "Towing Vehicle" or an
"Auto Wrecker" on the streets of the City of La Porte, either on his own
account or in the employ of another.
(e) Owner. The term Owner, as used in this chapter, shall be construed to
mean any person engaged in the business of towing motor vehicles for
hire or engaged in the business of storing, wrecking or repairing motor
vehicles for hire and who owns or is entitled to use any "Auto Wrecker", or
''Towing Vehicle", and who uses same in the conduct of his business or
any part thereof.
(f) Committee. The term "Committee", as used in this chapter, shall mean the
City Wrecker Committee. The City Wrecker Committee shall be composed
of the following persons:
1. The Chief of Police of the City of La Porte, or his duly designated
representatives;
2. The City Secretary of the City of La Porte;
3. City Manager of the City of La Porte or his duly designated
representative.
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Sec. 6-2. Permits Required.
(a) Towing Vehicle. It shall be unlawful for any person to drive or operate or
cause to be driven or operated any towing vehicle as heretofore defined
upon any public street in the city for the purpose of towing or hauling
wrecked or disabled vehicles, either for hire, or as an incident to obtaining
the business of storing, wrecking or repairing such wrecked or disabled
vehicles without having first obtained a towing vehicle permit, from the
City of La Porte, duly issued to such person to operate the vehicle on the
streets of the city under the terms and provisions of this chapter.
(b) Auto Wrecker. It shall be unlawful for any person to drive or operate or
cause to be driven or operated any auto wrecker, as that term has been
heretofore defined, upon any public street in the city for the purpose of
towing or hauling wrecked or disabled vehicles, either for hire or as an
incident to obtaining the business of storing, wrecking or repairing such
wrecked or disabled vehicles, without having first obtained an auto
wrecker permit, from the City of La Porte, duly issued to such person to
operate an emergency auto wrecker on the streets of the city. The holder
of an auto wrecker permit shall not be required to obtain a towing vehicle
permit in addition thereto.
(c) In any prosecution for a violation of this subsection, proof that an owner's
wrecking vehicle was present at the scene of a collision or accident in
which a vehicle was wrecked or disabled shall constitute prima facie
evidence that such owner was operating or causing to be operated his
wrecking vehicle as an unlicensed towing vehicle or auto wrecker as the
case may be.
Sec. 6-3. Insurance required.
(a) Before any permit shall be issued to any owner of an auto wrecker or
emergency auto wrecker, or before any renewal of said permit shall be
granted, the owner shall be required to file an insurance policy and/or
certificate of insurance policy and or certificate of insurance with the City
Secretary, evidencing insurance coverage complying with the
requirements contained in paragraph (b) below
(b) Insurance coverage in paragraph (a) above means an insurance policy or
policies and/or a certificate, or certificates of insurance covering all
licensed towing vehicles or auto wreckers of the insured, issued by a
company or companies qualified to do business in the State of Texas and
performable in Harris County, Texas. All insurance policies or certificates
of insurance, including garage liability policies must show the year, make
and model, state license number and motor number of all towing vehicles
or auto wreckers, which have been authorized to operate by the City of La
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Porte. Further, all insurance policies or certificates of insurance must
include an endorsement listing the City of La Porte as an additional
named insured party. All such insurance policies and/or certificates of
insurance must contain a provision, or an endorsement, requiring that the
City Secretary shall be given at least ten (10) days' written notice prior to
the date of cancellation before such policy may be canceled by the
insurer, for any cause. All such policies shall provide the minimum
coverage to show "proof of financial responsibility" as that term is defined
in the Texas Motor Vehicle Safety Responsibility Act, as now in force or
hereafter amended. Each tow truck with the gross vehicle weight of
26,000 pounds or less must carry $300,000.00 combined single limit
coverage. Each tow truck with a gross vehicle weight over 26,000 pounds
must carry $500,000-00 combined single limit coverage. Insurance
coverage shall comply with the provisions of the Texas Tow Truck Act in
all respects. The city shall immediately suspend, cancel or revoke any
towing vehicle or auto wrecker permit heretofore issued without further
notice to the owner, if satisfactory insurance as herein required is not in
full force and effect at all times, with satisfactory evidence that said
insurance is in full force and in effect, being on file with the City Secretary
of the City of La Porte.
Sec. 6-4.
Application for Towing Vehicle Permits.
Any owner desiring to operate a towing vehicle or vehicles in the city shall apply
in writing for a permit to the City Secretary, and shall state the following in his
application:
1. The name and address of the owner. If an individual, the application shall
so state. If a partnership, the partnership name and address shall be
given together with names and addresses of all partners. If a corporation,
the corporate name and office address shall be given, together with the
names and addresses of the president and secretary.
2. The number of towing vehicles the owner desires to operate, listing the
make, model, vehicle identification number and correct state license
number of each towing vehicle.
3. The true ownership of each towing vehicle. If not owned outright by the
owner as defined in this chapter, the name and address of the true owner
shall be given. If the towing vehicle is operated under the terms of a
contract with some company other than the owner, a copy of the contract
shall also be attached.
4. A statement that the owner will obey the provisions of this chapter, the
rules and regulations promulgated by the Chief of Police of the City of La
Porte, and all other ordinances and statutes applicable to motor vehicles
4
Sec. 6-5.
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and agrees that upon his failure to so obey such laws that his permit may
be revoked or suspended without notice to the owner.
5.
The application shall be signed by the owner. If a partnership, it shall be
signed by a member of the firm. If a corporation, it shall be signed by the
president and attested by the secretary and the corporate seal affixed. In
all cases, the person signing shall execute an affidavit, on the application
form, that the statements contained in such affidavit are true and correct.
Such application shall be accompanied by an annual towing vehicle
permit fee of FIFTY DOLLARS ($50.00) a year for each towing vehicle the
owner desires to operate. All permits shall expire on the thirty-first of
December each year and shall then be renewed upon submission of a
properly executed application and the annual auto wrecker permit fee until
the next succeeding thirty first day of December. If a permit is granted
subsequent to the 1 st day of January in any permit year, the fee shall be
paid pro rata for the balance of the year, and any portion of a month shall
be considered as an entire month in calculating the fee to be charged.
Issuance of Towing Vehicle Permits.
After the owner has filed his towing vehicle application, permit fee, and insurance
policy, and the City Secretary has examined same and found them to be in
compliance with the terms of this chapter, he shall issue to the owner a permit for
each towing vehicle licensed, which permit shall bear upon its face a notice that
the same expires on the succeeding December thirty first. Each permit shall be
dated and numbered and shall show on its face the make, model, motor number
and state license number of the towing vehicle licensed. The committee is
empowered to prescribe regulations for the displaying of signs on towing
vehicles showing that the same have been licensed as herein provided.
Sec. 6-6. Additional and Reolacement Towing Vehicle Permits.
(a) When an owner has obtained a towing vehicle permit and thereafter
desires to increase the number of towing vehicles to be operated, he shall
file a supplemental application setting forth his permit number and the fact
that he desires to operate additional towing vehicles, giving the make,
model, motor number and state license number of each additional towing
vehicle. He shall also file the proper permit fee to cover the additional
number of towing vehicle permits.
(b) He shall also file with the City Secretary a new insurance policy or a
proper endorsement on the existing policy, covering the additional towing
vehicles.
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(c) The City Secretary shall examine such supplemental towing vehicle
application, fee and policy, and if the same are in order, shall issue towing
vehicle permits covering each additional towing vehicle.
(d) Whenever an owner wishes to discontinue the use of a towing vehicle
during the period covered by his permit and replace it with another, he
shall file an affidavit stating that he has discontinued using the towing
vehicle covered by his permit, and desires to use another towing vehicle
in its place. He shall also attach a certificate from his insurer that such
insurer has been notified thereof and has agreed to make the appropriate
transfer of coverage. The City Secretary shall, upon the payment of a
TWENTY-FIVE DOLLARS ($25.00) transfer fee, issue the owner a new
permit covering the replacement towing vehicle as provided in 6-5, and
cause the old towing vehicle permit to be canceled and voided. In the
affidavit, as well as the certificate from the insurer, the old and new towing
vehicle shall be described by make, model, motor number and license
number.
Sec. 6-7. Application for Auto Wrecker Permits.
Any owner desiring to operate an emergency auto wrecker or wreckers in the city
shall make application to the City Secretary for an auto wrecker permit or
permits. Such application shall be submitted upon form to be furnished by the
City Secretary and the applicant shall furnish the following proof and information
with his application.
(a) The name and address of the owner shall be stated, and if the auto
wrecker is to be operated under the name of some company other than
the name of the owner, then the name of the company shall be stated.
Accompanying the application shall be a signed copy of the agreement
and contract between the owner and the company in whose name the
auto wrecker is to operate. The auto wrecker permit shall be issued in the
joint names and no transfer from one company to another company by the
owner shall be permitted. If any individual, the application shall so state. If
a partnership, the partnership name and address shall be given together
with the names and addresses of all partners. If a corporation, the
corporate name and office address shall be given, together with the
names and addresses of the president and secretary. All of the provisions
and requirements applicable to persons in this chapter shall apply to and
be required of each partner or each principal officer and the failure of any
of them to meet such requirements shall be grounds to deny the
application of the corporation or partnership. All changes of such officers
or partners shall be reported to the City Secretary within ten (10) days
after the change and such new officers or partners shall individually file
applications certifying to their individual qualifications within such time,
and the failure to certify within such time or to possess such qualifications
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required of such persons under this chapter shall be cause for the
suspension of all permits held by such corporation or partnership.
(b) The application shall list the make, model, motor number and correct state
license number of the vehicle to be licensed by the applicant as an auto
wrecker.
(c) Any person making application for an auto wrecker permit shall deposit
with the City Secretary, upon making application a sum of money in the
amount of ONE HUNDRED DOLLARS ($100.00). Said sum shall be used
to pay for the advertising of such application in the newspaper for two (2)
consecutive weeks. Within fifteen (15) days after receiving such sum and
qualifying data, the city shall cause to be published in the newspaper for
two (2) consecutive weeks a notice to all holders of auto wrecker permits
and all other interested persons. Such notice shall advertise the time and
place of the public hearing, which said hearing shall be held not less than
fifteen (15) days from the date of the first publication. Such notice shall
give the name of the applicant, the name of the business under which the
applicant proposes to operate and any other pertinent data that the City
Secretary may deem necessary. If such deposit is in excess of the cost of
advertising, the City Secretary shall cause such excess to be returned to
the applicant and likewise if the amount is insufficient to pay the cost of
the advertising, the City Secretary shall then require the applicant to pay
for the deficiency.
(d) The committee shall have in attendance at such hearing a representative
from the city legal department, and any other persons that it may deem
necessary to conduct said hearing.
(e) In determining whether the permit shall be granted, the committee shall
take into consideration the following:
1 . The financial responsibility of the applicant;
2. The number of vehicles to be operated;
3. Make, model and type of vehicle or vehicles to be used;
4. Whether or not all insurance required by this Chapter has procured
or will be procured;
5. That the applicant has a properly fenced storage facility for wrecked
vehicles, the size of his business location and lot, and that the lot is
located within the city limits of the City of La Porte;
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6. Determine that all city ad valorem taxes and other taxes of the
applicant have been paid;
7. Whether the vehicle shall be operated by the owner, or by his
employee with bona fide employer/employee relationship;
8. Whether the applicant proposes to own, rent or lease the vehicle to
be used;
9. The number of auto wreckers for the applicant then in existence
and licensed;
10. Whether the applicant shall be able to demonstrate the ability to at
all times respond to police calls for emergency wreckers within 20
minutes of the call.
11. Any and all other facts the committee may deem relevant.
Sec. 6-8.
Notification of Applicant of Status of Auto Wrecker Permits.
If the committee finds after the hearing and investigation that applicant has met
all criteria listed above, the committee shall then instruct the City Secretary to
notify the applicant in writing within ten (10) days from the last date of the
hearing that such vehicle or vehicles are authorized to operate under the
provisions of this chapter so long as they are in compliance with all of the
provisions hereof and all federal, state, county and city laws and ordinances. The
committee shall also instruct the City Secretary to publish an official notice of its
findings in the newspaper within such time.
Sec. 6-9.
Denial of Auto Wrecker Permits.
If the committee finds from its hearings and investigation that the applicant has
not met the criteria in Sections 6-7(e), it shall instruct the City Secretary to so
notify the applicant in writing within ten (10) days from the last date of the
hearing. An applicant who has been denied a permit or permits by the
committee, and whose appeal to the City Council as hereinafter provided, is
denied, or the decision not having been appealed to the City Council, shall not
be permitted to make another application for six (6) months from the date of his
filing of the application for the auto wrecker permit.
Sec. 6-10. Appeal from the Findinas of the City Wrecker Committee.
After the committee has made its findings and declares same, the applicant, or
any person opposing the said application who entered an appearance at the
hearing before the committee, shall have the right to file an appeal within ten
(10) days from the receipt of the City Secretary's written notice, or from the date
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of the published notice, as applicable. The appeal shall be in the form of a letter
addressed to the City Secretary stating that an appeal from the decision of the
committee is desired. The City Secretary shall notify the City Council of such
appeal, and the Council, as soon as practicable, after receiving said notice of
appeal together with the findings of the committee, shall grant or deny, in open
session, such application for a hearing. If a hearing is granted, the City Council
shall sustain, modify or reverse the findings made by the committee and shall so
notify the City Secretary of its findings. The findings of the City Council shall be
final. If no appeal is made to the City Council from the committee's decision
within ten (10) days, as indicated above, then such decision shall become final.
Sec. 6-11. Fee for Auto Wrecker Permits.
The permit fee to operate an "auto wrecker" or "auto wreckers" shall be FI FTY
DOLLARS ($50.00) per year for each "auto wrecker" which the owner is licensed
to operate. All permits shall expire on the thirty-first day of December of each
year and shall then be renewed until the next succeeding thirty;..first day of
December. If a permit is granted subsequent to the first day of January in any
permit year, the fee shall be paid pro rata for the balance of the year, and any
portion of a month shall be considered an entire month in calculating the fee to
be charged.
Sec. 6-12. Issuance of Auto Wrecker Permits.
After the owner has filed his application for an auto wrecker permit, a hearing has been
held, applicant has been approved by the Committee, the applicant has filed the
required insurance, the auto wrecker to be licensed has been presented to the Police
Department for an inspection, the auto wrecker has passed said inspection, a
Certificate of Passage of Inspection has been presented by the Police Department to
the Chief Building Official, and the City Secretary and City Attorney have examined
same and found them to be in compliance with the terms of this chapter, the City
Secretary shall issue to the owner a permit to operate an auto wrecker in the city upon
the public streets, which permit shall bear upon its face the make, model, motor
number, permit number and the license number of the auto wrecker. Said permits shall
be issued by the City Secretary upon authorization of the Committee to be attached to
the auto wrecker, said permits to be attached to the front windshield of the auto
wrecker, placed immediately above the inspection sticker that has been issued by the
State of Texas for said auto wrecker. These permits are and shall always remain the
property of the City of La Porte. In the event of suspension or revocation of a permit or
permits, for any cause, it shall be unlawful for the owner of said permits to retain such
permit, and he shall cause said permit to be destroyed or surrendered to the City
Secretary of the City of La Porte immediately upon notification or such suspension or
revocation, as is feasible.
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Sec. 6-13. Revocation or Suspension of Auto Wrecker or Permits or Towing Vehicle
Permits.
(a) Upon a complaint being filed by any person with the City Secretary of a
violation of any of the terms or provisions of this chapter or the violation of
any of the laws of the state, federal government or city, or upon motion of
any member of the committee, the committee may, after ten (10) days'
written notice to the permit holder stating the grounds of said complaint,
conduct a hearing to hear evidence with reference to such complaint or
motion. Should such hearing reveal a violation of any of the terms of this
chapter or the laws of this state or federal government or other ordinances
of the city, the committee may suspend, cancel or revoke the permit or
permits of such permit holder, as the offense may direct.
(b) After the committee has held its hearing and investigation upon the
complaint or motion for the suspension, cancellation or revocation of a
permit of any owner of a towing vehicle or an auto wrecker shall have the
right to appeal to the City Council within ten (10) days from the receipt of
the written decision of the committee only in the event of a revocation of
the permit of the owner by the committee. Such appeal shall be in the
form of a letter addressed and delivered to the City Secretary, stating that
an appeal is desired from the revocation of the committee. The City
Secretary shall notify the City Council of such appeal, and the council, as
soon as practicable thereafter, shall notify the appellant as to whether or
not such an appeal will be heard. If the City Council grants such an
appeal, it shall either sustain or reverse the revocation of the committee. If
no appeal is taken from the committee's action within ten (10) days, as set
out above, the decision of the committee shall be final.
Sec. 6-14. Transfer of Auto Wrecker Permits.
Whenever an owner wishes to discontinue the use of an auto wrecker during
the period covered by his permit and replace it with another, he shall file an
affidavit stating that he has discontinued using the auto wrecker covered by
his permit, and desires to use another auto wrecker in its place. He shall also
attach a certificate from his insurer that such insurer has been notified
thereof and agrees thereto. The City Secretary shall, upon the payment of a
TWENTY-FIVE DOLLARS ($25.00) transfer fee, issue the owner a new
permit covering the new auto wrecker, as provided in Section 6-12 hereof,
and cause the old auto wrecker permit to be canceled and voided. In the
affidavit, as well as the certificate from the insurer, the old and new auto
wrecker shall be described by make, model, motor number and license
number.
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Sec. 6-15. Permits are Personal to Owners Thereof.
(a) A permit issued hereunder for a towing vehicle or an auto wrecker shall be
a personal permit to the owner and shall not entitle any other person or
corporation to operate such towing vehicle or auto wrecker. The permits
issued pursuant to this chapter are transferable as between owners only
upon the express approval of the committee, and shall be subject to a
TWENTY-FIVE DOLLARS ($25.00) transfer fee, if approved. A denial of
the right to transfer a permit may be appealed to the City Wrecker
Committee, in compliance with the terms of Section 6-10 hereof. Upon
cancellation of any permit no portion of the permit fee shall be refunded to
the owner thereof.
Sec. 6-16. Regulations on Ooerations.
(a) The committee is hereby authorized to promulgate any and all rules and
regulations relating to the operation of towing vehicle and auto wreckers,
insofar as such rules and regulations are not inconsistent with any of the
provisions of this chapter, deemed necessary to protect public safety and
welfare. Specifically, but without limitation, the committee is hereby
authorized to promulgate any rules relating to restrictions on the number
of auto wreckers which may operate on the streets of the City of La Porte
at anyone time. The committee shall cause the City Secretary to serve
copies of such rules on owners at their registered addresses by certified
mail. Such notices shall fully set out any rules promulgated, and the
effective dates thereof. Any permit holders shall have the right, in
accordance with the provisions of Section 6-10, to appeal to the City
Council with regard to any rules and restrictions promulgated by the
committee felt by such permit holder to be unduly onerous.
Sec. 6-17. Procedure by Auto Wrecker Ooerators at Scene of Disabled Vehicle.
(a) Whenever an auto wrecker arrives at the place where a motor vehicle has
been disabled by an accident, the auto wrecker driver shall legally park
his vehicle as close to the street curb as possible and otherwise dispose
of it in such a manner as not to interfere with traffic. He shall not park his
vehicle within a distance of fifty (50) feet from a wrecked or disabled
vehicle.
(b) It shall be unlawful for any wrecker owner, driver or agent to solicit the
business of towing, removing or repairing any wrecked or disabled vehicle
at the place where an accident has occurred, by words, cards, circulars or
gestures.
(c) All auto wrecker drivers arriving at the place where any accident has
occurred shall obey all orders given them by any police officer of the city
11
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investigating such accident and shall not in any manner interfere with
such police officer in the performance of his duty.
(d) No auto wrecker or auto wrecker driver shall remove any wrecked or
disabled vehicle from the place where an accident has occurred, or attach
his wrecker to the wrecked or disabled vehicle, until:
1. The police officers have completed their investigation; and
2. The driver of the said vehicle, or the police officer where the driver
is unable, has given permission.
(e) The fact that no police officer of the city is present at the scene of the
accident when an auto wrecker or a towing vehicle that has been
summoned to the scene by the vehicle owner arrives shall not constitute
an exception to this section and it shall be the duty of any wrecker owner
to cause the police department of the city to be notified of the occurrence
of the accident and to await the arrival of the police officers of the city and
the completion of their investigation.
(f) All wrecker drivers shall, at all times, obey all traffic laws of the State of
Texas and the City of La Porte.
Sec. 6-18. Wrecker Rotation List.
(a) All auto wreckers desiring to be called for wrecker service by the City
Police Department shall request in writing to be placed on a qualified auto
wrecker rotation list to be maintained by the Police Department.
(b) The qualified auto wrecker rotation list shall be used for all vehicles on
which a pull is requested by the La Porte Police Department, except in a
non-arrest situation, where vehicle owner has requested a specific
wrecker.
(c) When a police officer investigating an accident determines that any
vehicle which has been involved in a collision or accident upon a public
street is unable to proceed safely under its own power, or when the owner
thereof is physically unable to drive such vehicle, the officer shall request
the owner to designate the wrecker company the owner desires to remove
that vehicle. When the owner has designated the wrecker company
desired, the police officer shall communicate the fact immediately to
Police Department Headquarters, and it shall be the duty of the dispatcher
receiving such information at Headquarters to call the designated
company provided the company can respond to the location within 20
minutes. In the event the company can not respond in the designated
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time, the owner shall be so informed and given an opportunity to
designate another company.
(d) In the event the owner of a vehicle involved in an accident or collision is
physically unable to designate the wrecker company desired, or refuses to
designate one, the investigating officer shall communicate the fact
immediately to Police Department Headquarters. The Police Department
shall maintain a wrecker rotation list which shall contain the names and
addresses of each wrecker service company that complies with the
provisions of this ordinance in order that said company might be called
upon for wrecker service by the Police Department. The police officer
receiving a call at Police Headquarters for wrecker service shall call the
first wrecker company on the list to tow the disabled vehicle or move the
same from the public streets of the city. After the company at the top of
the list receives a call then the company's name shall be placed at the
bottom of the list and the next company shall be moved to the top of the
list and it shall receive calls. This process shall be repeated until each
company providing wrecker service under the provisions of this ordinance
has received calls. The Police Department shall notify each wrecker
company in sufficient time prior to its rendering said wrecker service in
order that the company might adequately provide the necessary men and
equipment to answer said calls. Specifically requested wreckers must be
duly licensed by the State and able to respond to the scene within a
twenty (20) minute time frame. If they cannot respond in that time frame,
the officer in charge will advise the requesting party and request a
wrecker from the rotating list.
(e) In the event a wrecker service company is requested by the Police
Department to make a call and the company agrees to make said call
then the company shall proceed immediately to the scene where it is
directed and shall be given a twenty (20) minute time frame to reach said
location. If the wrecker service company answering said call has not
reached said location within a twenty (20) minutes then the officer at the
scene may proceed to call the next wrecker service company on the list
and that company shall have priority over that particular call. In the event
that the wrecker service company called fails to comply with the provisions
of the ordinance by proceeding to the designated place within the time
specified above then this wrecker service company shall be removed from
the top of the list and placed at the bottom of the list.
(f) This section only applies to accident scenes and not to custodial arrests.
The twenty (20) minute time frame does not apply if the officer in charge
deems the situation to be too dangerous in nature to wait that period of
time.
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Sec. 6-19. Specifications and Required Equipment.
(a) Minimum Size. Each auto wrecker and emergency auto wrecker shall not
be less than one (1) ton in size and shall be equipped with booster
brakes.
(b) Standards of Winch. Each auto wrecker and emergency auto wrecker
shall be equipped with a power take-off operated winch, winch line and
boom, with a factory rated lifting capacity (or city tested capacity) of not
less than five thousand (5,000) pounds, single line capacity. The winch
line shall be at least three-eighths (3/8) inch in diameter.
(c) Flashing Light. Each auto wrecker and emergency auto wrecker shall
have a flashing light of at least four (4) inches in diameter on the top of
the cab, as prescribed or permitted by State law, visible from both the
front and rear of the truck.
(d) Wheels and Tires. Each auto wrecker and emergency auto wrecker shall
have dual wheels on the rear with heavy duty tires thereon.
(e) Each emergency auto wrecker, and all auto wreckers that are to be
eligible to be summoned to an accident scene when requested by a
driver, shall be provided with the following:
1. Fire extinguishers; said fire extinguishers being defined as that
piece of equipment commonly carried to extinguish fires caused as
a result of an auto accident or collision. Said fire extinguisher to be
a standard type, chemical fire extinguisher designed to combat
motor vehicle fires.
2. Parking flares; said parking flares being defined as that piece of
equipment commonly used in motor transportation as a signal flare
or light to warn of an obstruction on the highway.
3. Tow bars; said tow bars being that piece of equipment sometimes
known as the A-frame, which is a part of the auto wrecker and is
used to hold a vehicle which has been elevated for towing, stability
and to prevent swinging of said raised vehicle as it is being towed.
When a vehicle is being towed the tow bar shall be in place to
prevent swinging.
4. Broom and sand box; said broom and sand box with at least a
three (3) gallon capacity for the purpose of cleaning up oil and
other liquids.
5. Shovel and pinch bar.
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6. A container to hold glass and debris.
7. A permanently affixed sign, with minimum four (4) inch lettering,
identifying the owner of said emergency auto wrecker, with said
owner's phone number, address, and the name of his business.
Every emergency auto wrecker and those auto wreckers which are
to be eligible to be summoned to an accident scene shall carry the
above named equipment at all times. Every emergency auto
wrecker and those auto wreckers which are to be eligible to be
summoned to an accident scene shall be annually inspected by the
Police Department of the City of La Porte for compliance with the
above equipment requirements.
(f) It shall be the duty of the driver of each emergency auto wrecker and
auto wrecker that picks up a wrecked or disabled vehicle for the
purpose of towing the same away to clear the street of any and all
debris, parts or glass. In the event two (2) or more wreckers pick up
vehicles for towing, it shall be the duty of each driver to clear the
street of debris, parts or glass.
Sec. 6-20. Permissible Fees and Charges.
(A) 1.
The standard charge for a "normal tow" from the scene of the
accident in the city limits of the City of La Porte to the place of
business of the wrecker operator, or other location instructed by the
owner, will not exceed SIXTY-FIVE DOLLARS ($65.00). A "normal
tow" is defined as "picking up the vehicle or moving and towing the
vehicle from the street to a location."
2. An additional charge may be made for the following additional labor
that is not required in a "normal tow", to-wit:
(a) An additional charge, not to exceed TWENTY DOLLARS
($20.00), may be made for a ditch pull and/or rollover in
those cases where two separate pulls with the wrecker's
winch line are actually required.
(b) An additional charge, not to exceed FIFTEEN DOLLARS
($15.00) may be made for disengaging and removing the
drive shaft, or for other exceptional labor.
(c) A charge not to exceed TEN DOLLARS ($10.00) per tire
may be made when it becomes necessary to change a tire.
3. A charge not to exceed ONE HUNDRED FIVE DOLLARS
($105.00) may be made when it is required to "dolly" a wrecked
15
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vehicle. This charge shall be all inclusive, and no other charge may
be imposed when it is made.
4. The maximum charge for any and all tows from the scene of an
accident in the city limits shall be ONE HUNDRED FIVE DOLLARS
($105.00).
5. A charge not to exceed FIFTEEN DOLLARS ($15.00)per day may
be made for the storage of vehicles after the first 12 hours. If the
vehicle is picked up during a time other than 8 a.m. to 5 p.m.,
Monday through Friday, the $15.00 charge may be charged in any
event.
(B) Every holder of an emergency auto wrecker permit and those auto
wrecker permit holders that are eligible to be summoned to scenes of
accidents. shall utilize an official wrecker ticket provided by the City of La
Porte. A City of La Porte Police Department Inventory form may be
utilized as an official wrecker ticket as long as it contains the following
information:
1. Name and address of wrecker company.
2. Time and location of accident.
3. Name, address, phone number of place to which vehicle is to be
towed.
4. Description of vehicle and general description of parts of vehicle
that have been damaged.
5. Itemized list of services to be performed, charges for each, and
total charges.
6. Place for signatures of auto owner or other person (including a
police officer) authorizing tow of vehicle.
7. One copy of the wrecker ticket is to be given to the customer, and
one copy is to be given to the investigating police officer.
Sec. 6-21. Miscellaneous Provisions and Restrictions.
(a) The selling or other granting of the right to tow any disabled vehicle is
prohibited. The person signing for the disabled vehicle shall be able to
account for the vehicle at all times. A violation of this section shall
constitute the basis of cancellation of the license without further notice.
16
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(b) Once a wrecker has been attached to a vehicle for the purpose of towing
it to a location, the wrecker driver shall not disengage such vehicle and
leave it parked prior to its arrival at the designated location.
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 is 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 Chapter 551,
Tx. Gov't Code; and that this meeting has been open to the public as required by
law at all times during which this ordinance and the subject matter thereof has
been discussed, considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the contents and posting
thereof.
SECTION 3.
This Ordinance shall be effective fourteen (14) days after its passage and
approval. The City Secretary shall give notice of the passage of this ordinance by
causing the caption hereof to be published in the official newspaper of the City of
La Porte at least twice within ten (10) days after the passage of this ordinance.
SECTION 4.
If any section, sentence, phrase, clause, or any part of any section, sentence,
phrase, or clause, of this ordinance shall, for any reason, be held invalid, such
invalidity shall not affect the remaining portions of this ordinance, and it is hereby
declared to be the intention of this City Council to have passed each section,
sentence, phrase or clause, or part thereof, irrespective of the fact that any other
section, sentence, phrase or clause, or part thereof, may be declared invalid.
SECTION 5.
Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall
violate any provision of the ordinance, shall be deemed guilty of a misdemeanor
and upon conviction shall be punished by a fine not to exceed FIVE HUNDRED
DOLLARS ($500.00).
PASSED AND APPROVED this the 23rddayof September ,1996
CITY OF LA PORTE
BY:~~
. N AN L. MALO ,MAYOR
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ATTEST:
~ L-r/
Sue Lenes, City Secretary
APPROVED:
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REOAT FOR CITY COUNCIL AGENDA IT_
Agenda Date Requested: Seotember 23. 1996
Requested By: Guv Rankin D:1Jl Department:
Plannina
Report
Resolution
x
Ordinance
Ordinance
Area Map
Letter to Brooks & Sparks
sUM1r.AAt&RECoMNmNbATION
The City has been petitioned by La Porte Independent School District and the Church of Christ
to close, vacate, and abandon the alley of Block 133, Town of La Porte.
Exhibits:
1.
2.
3.
This closure is intended to facilitate the re-platting of Lots 5-28 of Block 133, into a single
tract. The Church of Christ, owner of Lots 1-4 & 29-32, has filed a joint application with
L.P.I.S.D. to close the remaining portion of the alley.
Staff has reviewed and processed the request and has noted the existence of city water and
sewer lines well as H.L.& P. and S.W.B.T. utilities which currently exist in the alley. The
applicants have signed easement agreements with each of these companies to provide a 16'
wide utility easement. In addition, the city will retain an easement for its existing water and
sewer lines. These easements will replace the platted alley of Block 133, Town of La Porte.
As per Chapter 21, Section 21-28, of La Porte's Code of Ordinances, L.P.I.S.D., being a
governmental entity with the power of eminent domain, is exempt from standard closing fees
for the portion of the alley lying between lots 5-16 and 17-28. Staff has calculated the fair
market value of the remaining portion of the alley for which the Church of Christ has
petitioned the city to close to be $2,100.
Recommendation
Staff recommends approval of this request to vacate, abandon, and close the alley of Block
133, replacing the existing alley with a 16' wide utility easement, and to provide 30 calendar
days from passage and approval for payment by applicant(s) of $2,100.00 closing fee.
Action Required by Council:
Consider approval of an ordinance to vacate, abandon, and close the alley of Block 1 33, Town
of La Porte, providing for a minimum 16' wide utility easement be dedicated in place of the
existing 16' wide public alley.
Avaii:bllity of"Funds: N/A
General Fund
Capital Improvement
Other
Account Number:
Water /W astewater
General Revenue Sharing
Funds Available: _YES _NO
Aooroved for City Council Agenda
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ORDINANCE NO. 96- 2137
AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEY OF
BLOCK 133, IN THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; RETAINING
AN EASEMENT FOR EXISTING WATER, SANITARY SEWER, HOUSTON LIGHTING
& POWER COMPANY, AND SOUTHWESTERN BELL TELEPHONE COMPANY
FACILITIES; 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 property abutting the hereinafter described alley of Block
133, in the Town of La Porte, Harris County, Texas, to vacate, abandon, and
permanently close the alley of Block 133; and
WHEREAS, the City Council of the City of La Porte has determined and does
hereby find, determine and declare that the hereinafter described alley of Block 133,
Town of La Porte, Harris County, Texas, is not suitable, needed, or beneficial to the
public as a public road, street and alley, and that the closing of the hereinafter
described alley of Block 133, 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 alley of Block 133, Town of La Porte, should be vacated, abandoned, and
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 253, Section 253.001 of the Texas Local
Government Code, the hereinafter described alley of Block 133, Town of La Porte,
Harris County, Texas, is hereby permanently vacated, abandoned and closed by the
City of La Porte, to wit:
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ORDINANCE NO. 96- ? 1 17
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PAGE 2
Being the alley of Block 133, of the Town of La Porte, in Harris County,
Texas, according to the map thereof recorded in Volume 58, Page 460,
Deed Records of Harris County, Texas;
Notwithstanding anything to the contrary contained in this Ordinance, City
excepts from the Ordinance and reserves unto City and City's successors and assigns,
a perpetual easement (the "Utility Easement") in, over, under, through and across the
property described above for the construction, reconstruction, installation, reinstallation,
removal, replacement, maintenance, repair, restoration, use and/or operation of existing
water and sanitary sewer facilities contained within said area; together with a limited
right-of-way and right-of-access for purposes of ingress and egress for maintenance of
said utilities.
Provided further, that city excepts from the ordinance and reserves unto its
franchised utilities, specifically including but not limited to Houston Lighting & Power
Company, Southwestern Bell Telephone Company, and TCI Cable, an easement for
electrical transmission and distribution lines consisting of a variable number of wires
and cables and all necessary or desirable appurtenances; and telecommunications
lines consisting of various wires, cables, and pipes, and all necessary or desirable
appurtenances, whether for franchise utilities used in its businesses or for other
purposes located, below, and above ground level on, over, under, and across the afore-
described property; said reservation being for the construction, reconstruction,
installation, reinstallation, removal, replacement, maintenance, repair, restoration, use
and/or operation of said utilities, together with rights of reasonable ingress and egress
thereupon for maintenance. Said reserved easements are further described on Exhibits
A and B, attached hereto and fully incorporated by reference herein, as if set forth
herein verbatim.
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ORDINANCE NO. 96- 2 137
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PAGE 3
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 is 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 Chapter 551, Tx.
Gov't Code; and that this meeting has been open to the public as required by law at all
times during which this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
Section 3. This ordinance shall be effective from and after its passage and
approval, and IT IS SO ORDERED. Applicants shall have thirty (30) days from the
effective date hereof to deliver unto the City of La Porte, $2,100.00 in certified funds as
consideration herein. If such delivery has not been made within thirty (30) days from
the effective date hereof, this Ordinance shall be null and void. The City Secretary shall
not issue a certified copy of this Ordinance until such payment is made.
PASSEDANDAPPROVED,this 21rrl dayof Sppj-pmhPT
,1996.
CITY OF LA PORTE
By~~/A~
ormal L. Malone, Mayor
AS::~
Sue Lenes, City Secretary
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EXHIBIT A
EASEMENT FOR TELECOMMUNICATIONS FACILITIES
lots One (1) through Four (4), inclusive, and lots Twenty-nine (29)
through Thirty-two (32), inclusive, in Block One Hundred Thirty-three (133)
in the Town of La Porte, a subdivision out of the Johnson Hunter League,
Abstract 35, in Harris County; Texas, according to the map or plat
thereof recorded in Volume 58; Page 460 of the Deed Records of Harris
County, Texas, being that same properly described in that certain deed
from John T. Thompson, et 01., to J. M. Gregory, et 01., Trustees of the
Church Of Christ, La Porte, Texas, dated March 13, 1950, and recorded in
Volume 2058, Page 351 of the Deed Records of Harris County, Texas.
lots Rve (5) through Twenty-elght (28), Inclusive, In Block One Hundred
Thirty-three (133) in the Town of la Porte, a subdivision out of the Johnson
Hunter league, Abstract 35, in Harris County, Texas, according to the map
or plat thereof recorded in Volume 58, Page 460 of the Deed Records of
Harris County, Texas, being that same property described in those certain
deeds to la Porte Independent School Disfrtct, as filed for record under
County Clerk's Rle H991134, Rim Code No. 049-86-1105 and County
Clerk's Rle N288299, Rim Code No. 044-03-2462 of the Official Records of
Real Property of Harris County, Texas.
It is distinctly understood that this agreement does not constitute a conveyance
of the land above described, nor of the minerals therein and thereunder, but grants
only a right-of-way and easement subject to the followng: .
(a) The easement granted herein is solely for the purpose of permitting GRANTEE
to construct, operate, place, lay, inspect, protect, alter, substitute, repair, relocate,
maintain, replace, and remove such above ground and underground
telecommunications faciDties, and appurtenances thereto, as GRANTEE, its successors
. and assigns, may from time to time require upon, over, above, under, and across The
Property; the right of pedesfrtan and vehicular ingress to and egress from said
easement via reasonable routes across The Property; the right to clear and keep
cleared trees, brush, and all other obstrucfions from the surface and subsurface of said
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said easement, subject to the exceptions stated herein; and, the right to install,
maintain, and use gates in fences which cross said easement.
(b) The easement granted herein shall be sixteen (16) feet in width, shown as
the cross hatched area on surveyors plat, Sketch No. 96-365, prepared by Houston
Lighting & Power, said plat being attached hereto and incorporated herein as Exhibit
"All .
(c) GRANTOR, its successors and assigns, shall have the right to cultivate and
otherwise use the surface and subsurface of the easement herein granted insofar as
such use does not interfere with or obstruct the use of the easement by GRANTEE. or
its successors and assigns.
(d) During the period of installation of telecommunications facilities by
GRANTEE within the easement herein granted, GRANTEE shall have the right to use as
temporary construction easements so much of the surface of The Property as may be
reasonably necessary for GRANTEE'S construction and installation of said
telecommunications facilities. Following the initial installation of GRANTEE'S
telecommunications facilities. and also after any later operation or occurrence done
or caused to be done by GRANTEE which affects The Property or any part thereof,
GRANTEE shall promptly restore the grounds and roadways affected thereby to as
nearly as practicable the same condition existing prior to such construction operation
or occurrence.
(e) GRANTEE hereby agrees to save and hold harmless the GRANTOR from and
against any and all claims. demands, or causes of action of whatever nature,
asserted by others which are caused by or arise in any manner out of acts or
omissions of GRANTEE in the use and occupancy of the easement herein granted by
GRANTEE. its employees, or any other persons acting under its control.
(fJ The right-of-way and easement granted hereby is subject to all, if any, valid
and subsisting oil, gas, sulphur, and mineral lease or leases. unitization agreements.
deeds, easements, rights-at-way, restrictive covenants, mineral and royalty grants
and reservations, or other instruments now of record in the appropriate records of
Harris County, Texas, and unrecorded prior easements under which improvements
have been constructed in such a manner as to be apparent to the GRANTEE from an
inspection of the premises, relating to all or any part of The Property.
(g) GRANTOR warrants that they are the owners of the property occupied by
the easement herein granted, and that they have the right to make this conveyance
and receive the consideration therefor. GRANTOR covenants that GRANTEE. its
successors and assigns, may quietly enjoy the easement tor the uses herein stated.
2
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EXHIBIT B
EASEMENT FOR ELECTRIC DISTRIBUTION FACILITIES
Lots One (1) through Four (4), inclusive, and Lots Twenty-nine (29)
through Thirty-two (32), inclusive, in Block One Hundred Thirty-three (133)
of the City of La Porte, a subdivision out of the Johnson Hunter League,
Abstract 35, in Harris County, Texas, according to the map or plat thereof
recorded in Volume 58, Page 460 of the Deed Records of said County
and State, being that same property described in a deed from John T.
Thompson, et aL, to J. M. Gregory, et al., Trustees of the Church Of
Christ, La Porte, Texas, dated March 13, 1950, and recorded in Volume
2058, Page 351 of the Deed Records of Harris County, Texas.
The easement herein granted is sixteen (16) feet wide, the location of
which is shown by the crosshatched area on Sketch No. 96-365, hereto
attached and made a part hereof, together with unobstructed aerial
easements seven (7) feet wide, beginning at a plane sixteen (16) feet
above the ground and extending upward, located on both sides of and
adjoining said sixteen (16) foot wide easement.
The easement herein granted is for the Use and benefit of all public
utilities.
Lots Five (5) through Twenty-eight (28), inclusive, in Block One Hundred
Thirty-three (133) in the Town of La Porle, a subdivision out of the
Johnson Hunter League, Abstract 35, in Harris County,' Texas, according
to the map or plat thereof recorded in Volume 58, Page 460 of the Deed
Records of said County and State, being that same property described in
deeds to La Porte Independent School District, and filed of record under
County Clerk's File H991134, Film Code 049-86-1105 and County Clerk's
File N288299, Film Code 044-03-2462 in the Official Public Records of
Real Property of Harris County, Texas.
The easement herein granted is sixteen (16) feet wide, the location of
which is shown by the crosshatched area on Sketch No.. 96~365, hereto
attached and made a part hereof, together with unobstructed aerial
easements seven (7) feet wide, beginning at a plane sixteen (16) feet
above the ground and extending upward, located on both sides of and
adjoining said sixteen (16) foot wide easement.
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The easement herein granted is for the use and benefit of all public
utilities.
Grantee shall also have rights of ingress and egress to and from said easement,
together with reasonable working space, for the purposes of erecting, installing,
operating, maintaining, replacing, inspecting, and removing said electric distribution
facilities, together with the additional right. to remove from said easement and land
adjoining thereto, all bushes, trees and parts thereof, or other structures which, in the
opinion of Grantee, endanger or may interfere with the efficiency; safe and proper
operation, and maintenance of said electric distribution facilities.
2
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W. "F" ST.
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PROPOSED ALLEY CLOSING
& LOCATION OF PROPOSED
16' UTILITY EASEMENT.
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SA .96.02
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City of La Porte
Eswblished 1892
September 9, 1996
Mr. Glen McDowell
Brooks & Sparks, Inc.
15915 Katy Freeway .
Houston, Texas 77094
Dear Mr. McDowell:
In reference to the joint application filed by L.P.I.S.D. and the Church of Christ
to close the alley of Block 133, Town of La Porte, I wish to update you as to the
current status and issues related to the closing.
Ie EASEMENT ACQUISITION FOR EXISTING UTILITIES:
In order to facilitate maintenance of existing utilities in the alley,
executed utility easement agreements are required between the owners
of the property and the entities which operate and maintain these
utilities (i.e. City of La Porte, H.L.& P., and S.W.B.T.). Houston
Lighting and Power Co. and Southwestern Bell, each expressed a
desire to execute individual easement agreements. Each utility
company prepared easements and city staff forwarded them to the
school district and the church for review. Both owners have since
reviewed and signed these agreements and they have been returned to
each utility company. A draft copy of the city ordinance approving
the closing of the alley with provisions to save and except a utility
easement for the maintenance of existing city water and sewer
facilities is attached to this letter for your review
(Exhibit "A").
P.O. Box IllS · LaPorte.Texas77572-11lS. (711)471-5020
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page 2
ll. ASSESSMENT OF FAIR MARKET VALUE FEES FOR CLOSING:
As defined in Chapter 21, Section 21-28, of La Porte's Code of
Ordinances, the school district, being a govermnental entity with the
power of eminent domain, will be exempted from the fair market
value fees associated wi.th closing of the district's portion of the alley.
The remaining portion of the alley situated between the Church's
property (Lots 1-4 & 29-32), will be subject to the aforementioned
fees. Based on ordinance provisions, the fair market value of the
church's portion of the alley is two-thousand one-hundred dollars
($2,100.00). Payment of this fee is required to close the alley. In the
event that either the applicant or the city does not agree with the fair
market value, the ordinance provides an option for an independent fee
appraisal from an appraiser selected by the City at the applicant's
expense. Attached is an excerpt (Section 21-28) from the ordinance
governing street and alley closings which addresses the appraisal and
procedure for pursuing an independent appraisal of the property
(Exhibit "B ").
m. FUTURE RELOCATION OF EXISTING UTILITIES:
Once the alley has been closed and easements provided, any future
plans of the school district for construction on or across the existing
utility easement will require relocation of the existing utilities. The
city maintains a 1" water line and an 8" sanitary sewer line in the
alley. Relocation of these facilities will require the submittal and
approval of plans and specifications from a registered professional
engineer. The city will not participate in the cost of relocating these
facilities. Attached is an exhibit showing a potential reroute of the
city's sanitary sewer line as well as the location of the nearest city
water line available (Exhibit "C"). In regard to H.L.& P. and
S.W.B.T. facilities, arrangements will need to be made independently
with each utility company for relocation of their utilities.
.
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Once the applicants have reviewed and agree with the conditions listed herein, the
city will place this item on the council agenda. Upon closing of the alley and
recording of the easement instruments, the district, if they so choose, may pursue
replatting of the property.
I hope that you will find this infonnation helpful. If I may be of any further
assistance, please feel free to contact me at 471-5020, ext. 257.
Sincerely,
~~
Brian Sterling,
Engineering Technician
City of La Porte
attachments
c: Hoover Cochran, Church of Christ
Mike Clausen, L.P.I.S.D.
Guy Rankin
file
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RECEIPT
NO.
43673
CITY OF LA PORTE
P.O. BOX 1115 · LA PORTE. TEXAS 77572-1115 · 713/471-5020
MONEY ORDER NO
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REQUa FOR CITY COUNCIL AGENDA 1M
Agenda Date Requested: Seotember 23. 1996
Requested By: Guy Rankin Department:
Report Resolution X
Planning
Ordinance
Exhibits:
1. Ordinance 1501-U
2. Recommendation Letter from Planning and Zoning Commission
3. Letter from City Attorney
SUMMARY & RECOMMENDATION
On August 7, 1996, the Planning and Zoning Commission held a Public Hearing to
receive citizen input regarding an amendment to the City's Zoning Ordinance relating
to the location and regulation of Sexually Oriented Businesses within the corporate
limits of the City. After closing the Hearing, the Commission unanimously voted to
recommend City Council approval of this amendment.
During the August 12, 1996, City Council meeting, Council imposed a temporary
moratorium on the issuance of Zoning Permits for Sexually Oriented Businesses.
On August 26, 1996, Council conducted a Public Hearing to receive citizen comments
regarding this amendment to the Zoning Ordinance. After closing the Public Hearing,
the item was deferred with no action being taken.
The Ordinance submitted with this agenda is cosmetically different than the previous
draft, however, there have not been any substantive changes. The cosmetic change
was simply made to fit the Zoning Ordinance format.
The City Attorney (Knox Askins) has prepared a letter that addresses the concerns of
the August 26, 1996, Council Meeting that dealt with specific questions from Council
Members.
Action Required by Council:
Consider approval of Ordinance 1501-U amending the Zoning Ordinance by adding a
new part regulating Adult Oriented Businesses and amending district regulations to
allow Adult Oriented Businesses in an H-I Zoning District.
Avaiiability of Funds: N/A
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Funds Available: _YES _NO
nda
DATE
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City of La Porte
Established 1892
August 9, 1996
Honorable Mayor Norman Malone and City Council
City of La Porte
Re: Sexually Oriented Businesses
Dear Mayor Malone:
The La Porte Planning and Zoning Commission, during its August 7, 1996, meeting, held a
public hearing to consider a proposed amendment to the City's Zoning Ordinance relating to the
location and regulation of Sexually Oriented Businesses within the corporate limits of the City.
The Planning and Zoning Commission has, by a unanimous vote, recommended that City
Council consider approving this amendment to the Zoning Ordinance.
Respectfully SUb~
Be ty T. Waters
Chairman, Planning and Zoning Commission
c: Robert T. Herrera, City Manager
John Joorns, Assistant City Manager
John Armstrong, Assistant City Attorney
La Porte Planning and Zoning Commission Members
P.O.RoxII15. La Porte, Texas 77572-1 115 · (713)471-5020
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ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P.O. BOX 1218
LA PORTE. TEXAS 77572-1218
KNOX W. ASKINS
JOHN D. ARMSTRONG
TELEPHONE 713 471-1886
TELECOPIER 713 471-2047
CHARLES R. HUBER. JR.
BOARD CERTIFIED. CIVIL TRIAL LAW
TEXAS BOARD Of LEGAL SPECIALIZATION
September 18, 1996
Hon. Mayor and city council
City of La Porte
City Hall
La Porte, Texas
Re: Sexually Oriented Businesses Ordinance
Gentlemen:
The purpose of this letter is to summarize the discussion of the
sexually Oriented Businesses Ordinance at the public hearing on
August 26, 1996.
Councilperson Clarke noted that the Ordinance has penalties for
violations, and that specific violations (Sections 6 and 7) deal
with persons 18 and under. He inquired what other penalties exist
for persons under 18 that attend SOB's?
COMMENT: The Ordinance is drafted essentially to regulate the
locations of SOB's, and is not drafted to regulate speech which
could be protected under the First Amendment. The main thrust of
enforcement, therefore, of this Ordinance would be on regulation of
location. Other state laws and city ordinances would apply to
persons under 18, who are legal minors, such as the curfew
ordinance and the Texas Alcoholic Beverage Code.
A question also arose as to what happens when an existing SOB
closes or changes from one owner/operator to another.
COMMENT: It is our belief that there are no existing SOB's in the
City of La Porte, which would meet the definitions and criteria
contained in the proposed Ordinance. Therefore, a location which
conforms to the criteria of the Ordinance would be subject to
transfer to another owner/operator.
A question arose on prohibitions of SOB's within 1000 feet from
various activities, and how this 1000 feet is measured.
COMMENT: Please refer to SectionG(B) of the Ordinance, which sets
out the method of measurement.
e
ASKAS & ARMSTRONG. P. C.
. ATTORNEYS AT LAW
Hon. Mayor and City Council
September 18, 1996
Page 2
councilperson Thrower inquired whether the City could and would
check the age of dancers as being more than 18 years of age.
COMMENT: This is not covered in the Ordinance, because it is
covered by state law, in the Texas Alcoholic Beverage Code. The
City cannot occupy an area of regulation which has been occupied by
the state. Our office has recently furnished members of Council
with a copy of a protest filed by the City with the Texas Alcoholic
Beverage Commission, for the renewal of Blondie' s mixed drink
beverage permit, with a license for sexually explicit performances.
Al though we expect the City's protest to be upheld, if such a
license were granted by the TABC, it would have strict regulations
on the age of dancers. As you know, alcoholic beverages cannot be
served to anyone under 21 years of age, nor can they be served by
anyone under 18 years of age.
A question arose as to the location of the HI zones, which was
shown on a map at the public hearing.
A question arose as to what City ordinance was used as a basis to
develop this Ordinance.
COMMENT: A study and ordinance from the City of Sugar Land was the
basis of this Ordinance.
Councilperson Cooper expressed concern over the tone of the whereas
statements and asked if there was a need or reason for these
statements.
COMMENT: The findings of fact contained in the whereas clauses
would be very important to the City in establishing its case for
the Ordinance, if any attack were made in Court on the
consti tutionali ty of the Ordinance. These statements therefore are
essential to the validity of the Ordinance.
councilperson Cooper inquired about the existing video and book
stores that have "XXX" material available in back rooms.
COMMENT: The draft Ordinance provides that the establishment would
have to have "as one of its principal business purposes" the sale
or rental of such type of material. Our concern in drafting the
Ordinance is that the location of such establishment which would
have as their principal business the sale or rental of such
material, not be located in prohibited areas. It is our belief
.
ASW
& ARMSTRONG. P. C.
ATTORNEYS AT LAW
Hon. Mayor and city council
September 18, 1996
Page 3
that no such establishments exist in the City of La Porte at the
present time, which have as their principal purpose the sale or
rental of such material. Therefore, it is our opinion that such
establishments which sell or rent such material in a discreet
manner from back rooms, not open to minors, could continue,
although they could not expand but could replenish their
merchandise as needed. It is further our opinion that a new video
or book store, with a discreet back room, could open in a
commercial area, and not be in violation of the Ordinance, again,
if such sales or rentals were not "one of its principal business
purposes."
A question arose if an existing SOB closed down could one reopen in
its place.
COMMENT: This comment is predicated on our belief that there are
now no legally existing SOB's in La Porte. If a SOB is located
under the proposed Ordinance, as a conforming use, the answer would
be yes. The same question was asked for an existing video or book
store with adult material available in a back room. The answer
would be yes on this, also.
I have attached to this letter, a copy of Chapter 243, "Municipal
and County Authority to Regulate Sexually Oriented Business", from
the Texas Local Government Code. I believe that each member of
Council has been furnished with a copy of a "Report on 'Adult
Oriented Businesses in La Porte" prepared by the city of La Porte
Planning Department under date of June, 1996.
Please call me, John Armstrong, or Guy Rankin, if you should have
any other questions. The City staff strongly recommends the
passage of this Ordinance at Council's meeting of September 23,
1996.
/r
Yours,. very tr;1u~, ~/\
~vjt?f~~
Knox W. Askins
City Attorney
City of La Porte
KWA: sw
Enclosure
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LAND USE & RELATED ACTIVITIES
~ 243.002
Section
242.002. Regulation of Subdivisions in Counties With Popu-
lation of More Than 2.2 Million or Contiguous
Counties.
~ 242.001. Regulation of Subdivisions Generally
(a) This section applies only to a county operating
under Sections 232.001-232.005.
(b) For an area in a municipality's extraterritorial
jurisdiction, as defined by Section 212.001, a plat may
not be filed with the county clerk without the approval
of both the municipality and the county.
(c) In the extraterritorial jurisdiction of a munici-
pality, the municipality may regulate subdivisions un-
der Subchapter A of Chapter 212 and other statutes
applicable to municipalities, and the county may regu-
late subdivisions under Sections 232.001-232.005 and
other statutes applicable to counties. If a municipal
regulation conflicts with a county regulation, the more
stringent provisions prevail.
(d) In an unincorporated area outside the extrater-
ritorial jurisdiction of a municipality, the municipality
may not regulate subdivisions or approve the filing of
plats, except as provided by The lnterlocal Coopera-
tion Act (Article 4413(32c), Vernon's Texas Civil Stat-
utes).
Acts 1987, 70th Leg., ch. 149, ~ 1, eff. Sept. 1, 1987. Amend-
ed by Acts 1989, 71st Leg., ch. 1, ~~ 46(c), 87(n), eff. Aug. 28,
1989.
~ 242.002. Regulation of Subdivisions in Counties
With Population of More Than 2.2
Million or Contiguous Counties
(a) This section applies only to a county operating
under Section 232.006.
(b) For an area in a municipality's extraterritorial
jurisdiction, as defined by Section 212.001, a subdivi-
sion plat may not be filed with the county clerk
without the approval of the municipality.
(c) In the extraterritorial jurisdiction of a munici-
pality, the municipality has exclusive authority to reg-
ulate subdivisions under Subchapter A of Chapter 212
and other statutes applicable to municipalities.
(d) In an unincorporated area outside the extrater-
ritorial jurisdiction of a municipality, the municipality
may not regulate subdivisions or approve the filing of
plats, except as provided by The Interlocal Coopera-
tion Act (Article 4413(32c), Vernon's Texas Civil Stat-
utes).
Acts 1987, 70th Leg., ch. 149, ~ 1, eff. Sept. 1, 1987. Amend-
ed by Acts 1989, 71st Leg., ch. 1, ~~ 46(d), 87(0), eff. Aug. 28,
1989.
CHAPTER 243. MUNICIPAL AND COUNTY
AUTHORITY TO REGULATE SEXUALLY
ORIENTED BUSINESS
Section
243.001. Purpose; Effect on Other Regulatory Authority.
243.002. Definition.
243.003. Authority to Regulate.
243.004. Exempt Business.
243.005. Business Licensed Under Alcoholic Beverage
Code: Business Having Coin-Operated Ma-
chines.
243.006. Scope of Regulation.
243.007. Licenses or Permits.
243.008. Inspection.
243.009. Fees.
243.010. Enforcement.
243.011. Effect on Other Laws.
Acts 1989, 71st Leg., ch. 837 amended this chapter
~ 243.001. Purpose; Effect on Other Regulatory
Authority
(a) The legislature finds that the unrestricted oper-
ation of certain sexually oriented businesses may be
detrimental to the public health, safety, and welfare
by contributing to the decline of residential and busi-
ness neighborhoods and the growth of criminal activi-
ty. The purpose of this chapter is to provide local
governments a means of remedying this problem.
(b) This chapter does not diminish the authority of
a local government to regulate sexually oriented busi-
nesses with regard to any matters.
Acts 1987, 70th Leg., ch. 149, ~ 1, eff. Sept. 1, 1987. Amend-
ed by Acts 1989, 71st Leg., ch. 837, ~ 1, eff. Aug. 28, 1989.
Section 2(b) of the 1989 amendatory act provides:
"The repeal of Chapter 242, Acts of the 65th Legislature, Regular
Session, 1977 (Article 2372v, Vernon's Texas Civil Statutes), does not
affect an order adopted under that law by the commissioners court of
a county if the order is of a type that the commissioners court may
adopt under Chapter 243, Local Government Code, as amended by
this Act. The order is continued in effect as if it had been adopted
under Chapter 243, Local Government Code, as amended by this
Act."
* 243.002. Definition
In this chapter, "sexually oriented business" means
a sex parlor, nude studio, modeling studio, love parlor,
adult bookstore, adult movie theater, adult video ar-
cade, adult movie arcade, adult video store, adult
motel, or other commercial enterprise the primary
business of which is the offering of a service or the
selling, renting, or exhibiting of devices or any other
items intended to provide sexual stimulation or sexual
gratification to the customer.
Acts 1987, 70th Leg., ch. 149, ~ 1, eff. Sept. 1, 1987. Amend-
ed by Acts 1989, 71st Leg., ch. 837, ~ 1, eff. Aug. 28, 1989;
Acts 1991, 72nd Leg., ch. 507, ~ 4, eff. June 13, 1991.
387
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~ 243.003
LOCAL GOVERNMENT CODE
f 243.003. Authority to Regulate
(a) A municipality by ordinance or a county by
order of the commissioners court may adopt regula-
tions regarding sexually oriented businesses as the
municipality or county considers necessary to promote
the public health, safety, or welfare.
(b) A regulation adopted by a municipality applies
only inside the municipality's corporate limits.
(c) A regulation adopted by a county applies only to
the parts of the county outside the corporate limits of
a municipality.
(d) In adopting a regulation, a municipality that has
in effect a comprehensive zoning ordinance adopted
under Chapter 211 must comply with all applicable
procedural requirements of that chapter if the regula-
tion is within the scope of that chapter.
Acts 1987, 70th Leg., ch. 149, ~ 1, eff. Sept. 1, 1987. Amend-
ed by Acts 1989, 71st Leg., ch. 837, ~ 1, eff. Aug. 28, 1989.
f 243.004._.. Exempt Business
The following are exempt from regulation under
this chapter:
(1) a bookstore, movie theater, or video store,
unless that business is an adult bookstore, adult
movie theater, or adult video store under Section
243.002;
(2) a business operated by or employing a li-
censed psychologist, licensed physical therapist, li-
censed athletic trainer, licensed cosmetologist, or
licensed barber engaged in performing functions
authorized under the license held; or
(3) a business operated by or employing a li-
censed physician or licensed chiropractor engaged
in practicing the healing arts.
Acts 1987, 70th Leg., ch. 149, ~ 1, eff. Sept. 1, 1987. Amend-
ed by Acts 1989, 71st Leg., ch. 837, ~ 1, eff. Aug. 28, 1989.
er it contains one or more coin-operated machines that
are subject to regulation or taxation, or both, under
Chapter 8, Title 132, Revised Statutes.
(c) This chapter does not affect the existing pre-
emption by the state of the regulation of alcoholic
beverages and the alcoholic beverage industry as pro-
vided by Section 1.06, Alcoholic Beverage Code.
Acts 1987, 70th Leg., ch. 149, ~ 1, eff. Sept. 1, 1987. Amend-
ed by Acts 1989, 71st Leg., ch. 837, ~ 1, eff. Aug. 28, 1989.
1 Vernon's Ann.Civ.St. art. 8801 et seq.
f 243.006. Scope of Regulation
(a) The location of sexually oriented businesses may
be:
(1) restricted to particular areas; or
(2) prohibited within a certain distance of a
school, regular place of religious worship, residen-
tial neighborhood, or other specified land use the
governing body of the municipality or county finds
to be inconsistent with the operation of a sexually
oriented business.
(b) A municipality or county may restrict the densi-
ty of sexually oriented businesses.
Acts 1987, 70th Leg., ch. 149, ~ 1, eff. Sept. 1, 1987. Amend-
ed by Acts 1989, 71st Leg., ch. 837, ~ 1, eff. Aug. 28, 1989.
f 243.007. Licenses or Permits
(a) A municipality or county may require that an
owner or operator of a sexually oriented business
obtain a license or other permit or renew a license or
other permit on a periodic basis for the operation of a
sexually oriented business. An application for a li-
cense or other permit must be made in accordance
with the regulations adopted by the municipality or
county.
(b) The municipal or county regulations adopted
under this chapter may provide for the denial, suspen-
sion, or revocation of a license or other permit by the
municipality or county.
(c) A district court has jurisdiction of a suit that
arises from the denial, suspension, or revocation of a
license or other permit by a municipality or county.
Acts 1987, 70th Leg., ch. 149, ~ 1, eff. Sept. 1, 1987. Amend-
ed by Acts 1989, 71st Leg., ch. 837, ~ 1, eff. Aug. 28, 1989;
Acts 1991, 72nd Leg., ch. 417, ~ 1, eff. June 7, 1991.
f 243.005. Business Licensed Under Alcoholic
Beverage Code: Business Having
Coin-Operated Machines
(a) A business is not exempt from regulation under
this chapter because it holds a license or permit under
the Alcoholic Beverage Code authorizing the sale or
service of alcoholic beverages or because it contains
one or more coin-operated machines that are subject
to regulation or taxation, or both, under Chapter 8,
Title 132, Revised Statutes.l
(b) A regulation adopted under this chapter may
not discriminate against a business on the basis of
whether the business holds a license or permit under A municipality or county may inspect a sexually
the Alcoholic Beverage Code or on the basis of wheth- oriented business to determine compliance with this
388
f 243.008. Inspection
.~." that
, under
,g pre-
l__'L....l~.....
_.JUi.}ll\,;
as pro-
Amend-
~3, 1989.
~"."may
,.., of a
residen-
use the
.~,y finds
sexually
- densi-
Amend-
28, 1989.
that an
business
=~,."e or
.'''=.i1 of a
for li- ,.
a ;
____...:1__........ I
___-I_I!-U(1.1J~~ ~'
. ,~Ht.y or
adopted
, , suspen-
.;~. by the r
suit that 1
_J..!__ of a ;
___If}~1
.. county.
I. Amend-
,.28, 1989;
"-".I..
- sexually
with this
.
e
LAND USE & RELATED ACTIVITIES
~ 250.001
chapter and regulations adopted under this chapter by
the municipality or county.
Added by Acts 1989, 71st Leg., ch. 837, ~ 1, eff. Aug. 28,
1989.
~ 243.009. Fees
A municipality or county may impose fees on appli-
cants for a license or other permit issued under this
chapter or for the renewal of the license or other
permit. The fees must be based on the cost of
processing the applications and investigating the ap-
plicants.
Added by Acts 1989, 71st Leg., ch. 837, ~ 1, eff. Aug. 28,
1989.
~ 243.010. Enforcement
(a) A municipality or county may sue in the district
court for an injunction to prohibit the violation of a
regulation adopted under this chapter.
(b) A person commits an offense if the person vio-
lates a municipal or county regulation adopted under
this chapter. An offense undel' this subsection is a
Class A misdemeanor.
Acts 1987, 70th Leg., ch. 149, ~ 1, eff. Sept. 1, 1987. Amend-
ed by Acts 1989, 71st Leg., ch. 1, ~ 87(p), eff. Aug. 28, 1989.
Renumbered from ~ 243.008 and amended by Acts 1989, 71st
Leg., ch. 837, ~ 1, eff. Aug. 28, 1989.
Section 3 of Acts 1989, 71st Leg., ch. 837 provides:
"(a) The change in law made by this Act in the punishment of a
criminal offense under Section 243.010, Local Government Code, as
renumbered and amended by this Act, applies only to punishment for
an offense committed on or after the effective date of this Act. For
purposes of this section, an offense is committed before the effective
date if any element of the offense occurs before that date.
"(b) An offense committed before the effective date of this Act is
covered by the law in effect when the offense was committed, and the
fonner law is continued in effect for this purpose."
~ 243.011. Effect on Other Laws
This chapter does not legalize anything prohibited
under the Penal Code or other state law.
Acts 1987, 70th Leg., ch. 149, ~ 1, eff. Sept. 1, 1987. Renum-
bered from ~ 243.009 by Acts 1989, 71st Leg., ch. 837, ~ 1,
eff. Aug. 28, 1989.
[Chapters 244 to 249 reserved for expansion]
.
CHAPTER 250. MISCELLANEOUS REG-
ULATORY AUTHORITY OF MUNICI-
P ALITIES AND COUNTIES
Section
250.001. Restriction on Regulation of Sport Shooting
Ranges.
~ 250.001. Restriction on Regulation of Sport
Shooting Ranges
(a) In this section, "sport shooting range" means a
business establishment that is in existence on or be-
fore the effective date of this Act and operating an
area for the discharge or other use of firearms for
silhouette, skeet, trap, black powder, target, self-de-
fense, or similar recreational shooting.
(b) A governmental official may not seek a civil or
criminal penalty against a sport shooting range or its
owner or operator based on the violation of a munici-
paloI' county ordinance, order, or rule regulating
noise, if the sport shooting range is in compliance with
the applicable ordinance, order, or rule.
(c) A person may not bring a nuisance or similar
cause of action against a sport shooting range based
on noise, if the sport shooting range is in compliance
with all applicable municipal and county ordinances,
orders, and rules regulating noise.
Added by Acts 1991, 72nd Leg., ch. 145, ~ 1, eff. Aug. 26,
1991.
Section 3 of the 1991 Act provides:
"(a) The change in law made by this Act applies only to an offense
committed on or after the effective date of this Act. For purposes of
this section, an offense is committed before the effective date of this
Act if any element of the offense occurs before that date.
"(b) An offense committed before the effective date of this Act is
covered by the law in effect when the offense was committed, and the
fonner law is continued in effect for this purpose only.
"(c) The change in law made by this Act applies only to litigation
instituted on or after the effective date of this Act. The fonner law
applies to any litigation instituted before the effective date of this Act,
and the fonner law is continued in effect for this purpose only."
389
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ORDINANCE NO. 1501-U
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS,
AMENDING ORDINANCE 1501, THE ZONING ORDINANCE OF THE CITY OF LA
PORTE BY ADDING A NEW PART REGULATING ADULT ORIENTED BUSINESSES;
AMENDING DISTRICT REGULATIONS TO ALLOW ADULT ORIENTED BUSINESSES
IN AN H-I ZONING DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS OF LOCATION REQUIREMENTS;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $500.00 FOR ALL
OTHER VIOLATIONS; PROVIDING A SEVERABILITY CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
WHEREAS, on August 7, 1996, the Planning and Zoning Commission held a
public hearing on a proposed ordinance regulating adult oriented businesses for which
notice was given as required by law and at which all interested parties had an
opportunity to speak; and
WHEREAS, following a study, review, and discussion of adult oriented
businesses, the Planning and Zoning Commission has recommended that the City
regulate those businesses; and
WHEREAS, the City Council has received the report and recommendation of the
Planning and Zoning Commission; and
WHEREAS, on August 26, 1996, the City Council held a public hearing on the
proposed adult oriented business ordinance for which notice was given as required by
law and at which all interested parties had an opportunity to speak; and
WHEREAS, based on the recommendation of the Planning and Zoning
Commission and its own study, review, and discussion, the City Council makes the
following findings regarding adult oriented businesses:
( 1) There is a need for the regulation of businesses which offer adult oriented
materials, activities, or services to the public because they have been
shown to have various adverse or secondary effects on surrounding land
uses and the community; and
(2) This ordinance is not intended to limit a person's access to materials or
services offered by adult oriented businesses or to regulate the content of
protected speech, but only to alleviate the secondary effects of adult
oriented businesses; and
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(3) Adult oriented businesses located too closely to residential uses have
been shown to cause a reduction in property values of the residential
properties and may adversely affect the stability of neighborhoods; and
(4) There is generally a higher incidence of illegal drug activity, prostitution,
and other criminal offenses in and near adult oriented businesses, which
can adversely affect the enjoyment and use of nearby churches, schools,
and public parks by the general public; and
(5) The concentration of adult oriented businesses has been shown to cause
cumulative secondary effects on surrounding properties, impacting the
ability of other types of businesses located nearby to attract customers,
resulting in the gradual failure of nearby businesses and the general
deterioration of the neighborhood; and
(6) The proposed ordinance regulates adult theaters because there is
evidence that adult theaters containing private viewing rooms or darkened
areas are often used for drug use, prostitution, and other illegal activities.
Illegal sexual conduct encourages the spread of adult transmitted
diseases, which requires the need for greater health services. These
types of activities also historically foster thefts and assaults and other
types of crimes, all of which create a public nuisance and require greater
police services; and
(7) The location restrictions and regulations of the ordinance leave available
sufficient sites for the operation of adult oriented businesses so as not to
unduly restrict access to the products and services offered by those
businesses;
NOW, THEREFORE;
BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF LA PORTE, TEXAS:
SECTION A. That the Zoning Ordinance of the City of La Porte is amended by adding a
new Article A to read as follows:
ARTICLE A
ADULT ORIENTED BUSINESSES
Section 1
Section 2
Section 3
Section 4
Purpose and Intent.
Definitions.
Classifications.
Inspection.
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Section 5
Section 6
Section 9
Section 10
Additional Regulations for Nude Model Studios.
Additional Regulations for Adult Theaters and Adult
Motion Picture Theaters.
Additional Regulations for Adult Motels.
Regulations Pertaining to Exhibition of Adult Explicit
Films or Videos.
Enforcement.
Amendments
Section 7
Section 8
ADULT ORIENTED BUSINESSES
SECTION. 1. PURPOSE AND INTENT
(A) The purpose of these regulations on adult oriented businesses is to
promote the health, safety, morals, and general welfare of the citizens of the City, and
to establish reasonable and uniform regulations to prevent the concentration of adult
oriented businesses within the City. The provisions of these regulations have neither
the purpose nor effect of imposing a limitation or restriction on the content of any
communicative materials, including adult oriented materials. Similarly, it is not the intent
nor effect of these regulations to restrict or deny access by adults to adult oriented
materials protected by the First Amendment, or to deny access by the distributors and
exhibitors of adult oriented entertainment to their intended market.
(8) The location regulations of SECTION 8 of this ordinance are enacted
pursuant to the authority of Chapter 211 of the Local Government Code. All other
provisions of these regulations are enacted pursuant to the City's police power and the
authority of Article XI, Section 5 of the Texas Constitution.
SECTION. 2. DEFINITIONS
Adult Arcade means any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically, or mechanically controlled
still or motion picture machines, projectors, or other image-producing devices are
maintained to show images to five or fewer persons per machine at anyone time, and
where the images so displayed are distinguished or characterized by an emphasis on
matter depicting, describing or relating to "specified sexual activities" or "specified
anatomical areas."
Adult Bookstore or Adult Video Store means:
(A) A commercial establishment which as one of its principal business
purposes offers for sale or rental for any form of consideration anyone or more of the
following:
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(1) books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, video cassettes or video reproductions, slides, or
other visual representations distinguished or characterized by an
emphasis on matter depicting, describing or relating to "specified sexual
activities" or "specified anatomical areas"; or
(2) instruments, devices, or paraphernalia which are designed for use in
connection with "specified sexual activities".
Adult Cabaret means a nightclub, bar, restaurant, or similar commercial
establishment which regularly features:
(A) persons who appear in a state of nudity; or
(8) live performances which are distinguished or characterized by an
emphasis on "specified sexual activities" or the exposure of "specified
anatomical areas"; or
(C) films, motion pictures, video cassettes, slides, or other photographic
reproductions which are distinguished or characterized by an emphasis on
matter depicting, describing or relating to "specified sexual activities" or
"specified anatomical areas."
Adult Motel means a hotel, motel, or similar commercial establishment
(A) offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films, motion
pictures, video cassettes, slides, or other photographic reproductions which are
distinguished or characterized by an emphasis on matter depicting, describing or
relating to "specified sexual activities" or "specified anatomical areas"; and has a
sign visible from the public right-of-way which advertises the availability of this
adult type of photographic reproductions; or
(8) offers a sleeping room for rent for a period of time that is less that 10
hours; or
(C) allows a tenant or occupant of a sleeping room to sub-rent the room for a
period of time that is less than 10 hours.
Adult Motion Picture Theater means a commercial establishment where, for any form of
consideration, films, motion pictures, video cassettes, slides, or similar photographic
reproductions are regularly shown which are distinguished or characterized by an
emphasis on maker depicting, describing or relating to "specified sexual activities" or
specified anatomical areas."
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Adult Theater means a theater, concert hall, auditorium, or similar commercial
establishment which regularly features persons who appear in a state of nudity or live
performances which are distinguished or characterized by an emphasis on "specified
sexual activities" or the exposure of "specified anatomical areas."
Building Official means the Building Official of the City of La Porte or his designated
representative.
Church means a place used primarily for religious worship on a regular basis.
Day nursery or Kindergarten means a facility licensed by the state that provides, for
less than twenty-four (24) hours a day, whether for profit or not, care, training,
education, custody, treatment or supervision for more than six (6) children that are not
related by blood, marriage, or adoption to the owner or operator of the facility.
Nude Model Studio means any place where a person who appears in a state of nudity
or displays "specified anatomical areas" is provided to be observed, sketched, drawn,
painted, sculptured, photographed, or similarly depicted by other persons who pay
money or any form of consideration.
Nudity or a State of Nudity means:
(A) the appearance of a human bare buttock, anus, male genitals, female
genitals, or female breasts; or
(B) a state of dress which fails to opaquely cover a human buttock, anus,
male genitals, female genitals, or areola of the female breast.
Public Park or Playground means the real property and thereon owned, operated,
or maintained by a city, school or other public entity, which are designed or used for
recreational purposes and are available to the general public. The defined terms
include public swimming pools, golf courses, tennis courts, stadiums, field houses, and
similar uses and facilities.
Residential District means an R-1 (single-family), R-2 (two-family), R-3
(high-density multifamily) zoning district, or any area within a planned development
zoning district which is designated for residential use, as shown on the approved site
plan for the district.
Residential Use means a building used as a single-family, two-family, or
multi-family dwelling.
School means a building where persons regularly assemble for the purpose of
instruction or education and includes playgrounds, stadia, and other structures or
grounds used in conjunction therewith. The term is limited to (1) public and private
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schools having a curriculum generally equivalent to elementary or secondary schools,
and (2) special educational facilities in which students who have physical or learning
disabilities receive specialized education in lieu of attending regular classes in a
kindergarten or grades one through twelve.
Semi-Nude means a state of dress in which clothing covers no more than the
genitals, pubic region, and areola of the female breast, as well as portions of the body
covered by supporting straps or devices.
Sexual Encounter Center means an establishment whose major business is the
furnishing of a location where customers either congregate, associate, or consort with
employees who engage in "specified sexual activities" with or in the presence of such
customers, or who display "specified anatomical areas" in the presence of such
customers, with the intent of providing sexual stimulation of sexual gratification to such
customers.
Adult Oriented Business means an adult arcade, adult bookstore or adult video
store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort
agency, nude model studio or sexual encounter center.
Specified Anatomical Areas means human genitals in a state of sexual arousal.
Specified Sexual Activities means and includes any of the following:
(A) the fondling or other erotic touching of the human genitals, pubic region,
buttocks, anus, or female breasts;
(8) sex acts, normal or perverted, actual or simulated, including intercourse,
oral copulation, or sodomy;
(C) masturbation, actual or simulated; or
(0) excretory functions as part of or in connection with any of the activities set
forth in (A) through (C) above.
SECTION. 3. CLASSIFICATIONS
Adult oriented businesses are classified as follows:
(A) adult arcades;
(8) adult bookstores or adult video stores;
(C) adult cabarets;
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(0) adult motels;
(E) adult motion picture theaters;
(F) adult theaters;
(G) nude model studios; and
(H) sexual encounter centers.
SECTION. 4. INSPECTION.
A person operating, managing, or otherwise in control of an adult oriented
business commits an offense if the person refuses to permit City inspection service
employees, City representatives of the police department, fire department, health
department, or the building official, to inspect the premises of an adult oriented
business for the purpose of insuring compliance with the law at any time it is occupied
or open for business. The provisions of this section do not apply to areas of an adult
motel which are currently being rented by a customer for use as a permanent or
temporary habitation.
SECTION. 5. ADDITIONAL REGULATION FOR NUDE MODEL STUDIOS
(A) A nude model studio shall not employ any person under the age of 18
years.
(8) A person under the age of 18 years commits an offense if he or she
appears in a state of nudity in or on the premises of a nude model studio. It is a
defense to prosecution under this subsection if the person under 18 years was in
a rest room not open to public view or view of persons of the opposite sex.
(C) A person commits an offense if he or she appears in a state of nudity or
knowingly allows another to appear in a state of nudity in an area of a nude
model studio premises which can be viewed from the public right-of-way.
(0) A nude model studio shall not place or permit a bed, sofa, or mattress in
any room on the premises, except that a sofa may be placed in a reception room
open to the public.
SECTION. 6.
ADDITIONAL REGULATIONS FOR ADULT THEATERS AND ADULT MOTION
PICTURE THEATERS
(A) A person commits an offense if he or she knowingly allows a person
under the age of 18 years to appear in a state of nudity in or on the premises of
an adult theater or adult motion picture theater.
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(8) A person under the age of 18 years commits an offense if he or she
knowingly appears in a state of nudity in or on the premises of an adult theater
or adult motion picture theater.
(C) It is a defense to prosecution under this section if the person under 18
years was in a rest room not open to public view or view of persons of the
opposite sex.
SECTION. 7. ADDITIONAL REGULATIONS FOR ADULT MOTELS
(A) Evidence that a sleeping room in a hotel, motel, or similar commercial
establishment has been rented and vacated two or more times in a period of
time that is less than 10 hours creates a presumption that the establishment is
an adult motel.
(8) A person commits an offense if, as the person in control of a sleeping
room in a hotel, motel, or similar commercial establishment that does not comply
with the location requirements of SECTION 8 of this ordinance, he or she rents
or sub-rents a sleeping room to a person and, within 10 hours from the time the
room is rented, he or she rents or sub-rents the same sleeping room again.
(C) For purposes of Subsection (8) of this section, the terms "rent" or
"sub-rent" mean that act of permitting a room to be occupied for any form of
consideration.
SECTION. 8.
REGULATIONS PERTAINING TO ExHIBITION OF ADULT EXPLICIT FILMS OR
VIDEOS
(A) A person who operates or causes to be operated an adult oriented
business, other than an adult motel, which exhibits on the premises in a viewing room
of less than 150 square feet of floor space, a film, video cassette, or other reproduction
distinguished or characterized by an emphasis on matter depicting '''specified sexual
activities" or "specified anatomical areas," shall comply with the following requirements:
(1) The establishment shall provide for one or more manager's stations, none
of which shall exceed 32 square feet of floor area. The manager's stations shall
be designed to provide a monitoring location for the operators or employees of
the establishment during business hours and to exclude members of the general
public. The interior of the premises shall be configured so that there is an
unobstructed view from a manager's station of every area of the premises to
which any patron is permitted access for any purpose, excluding rest rooms.
Rest rooms may not contain video reproduction equipment. If the premises has
two or more manager's stations, then the interior of the premises shall be
configured in such a manner that there is an unobstructed view of each area of
the premises to which any patron is permitted access for any purpose from at
8
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least one of the manager's stations. The view required in this subsection must
be by direct line of sight from the manager's station.
(2) It is the duty of the owners and operator of the premises to ensure that at
least one employee is on duty and situated in each manager's station at all times
that any patron is present inside any part of the premises.
(3) It shall be the duty of the owners and operator, and it shall also be the
duty of any agents and employees present in the premises, to ensure that the
view area specified in Subsection (1) remains unobstructed by any doors, walls,
merchandise, display racks or other materials at all times that any patron is
present in the premises and to ensure that no patron is permitted access to any
area of the establishment that does not have an unobstructed view from a
manager's station.
(4) The premises shall be equipped with overhead lighting fixtures of
sufficient intensity to illuminate every place in which patrons are permitted
access at an illumination of not less than one (1.0) foot candle as measured at
the floor level.
(5) It shall be the duty of the owners and operator, and it shall also be the
duty of any agents and employees present in the premises, to ensure that the
illumination described above is maintained at all times that any patron is present
in the premises.
(B) A person having a duty as provided in Subsections (1) through (5) of
Subsection (A) above commits an offense if he or she knowingly fails to fulfill that duty.
SECTION. 9. ENFORCEMENT
(A) Any person violating SECTION B of this ordinance, upon conviction, is
punishable by a fine not to exceed Two Thousand Dollars ($2,000.00).
(B) Any person violating a provision of this Ordinance, other than SECTION B
of this ordinance, upon conviction, is punishable by a fine not to exceed Five Hundred
Dollars ($500.00).
(C) It is a defense to prosecution under Section 6 or 7 that the person
appearing in a state of nudity did so in a modeling class operated:
(1 ) by a proprietary school licensed by the State of Texas;
(2) by a college, junior college, or university supported entirely or partly by
taxation;
9
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(3) by a private college or university which maintains and operates
educational programs in which credits are transferable to a college, junior
college, or university supported entirely or partly by taxation; or
(4) in a structure:
(a) which has no sign visible from the exterior of the structure and no
other advertising that indicated a nude person is available for
viewing; and
(b) where in order to participate in a class a student must enroll at
least three days in advance of the class; and
(c) where no more than one nude model is on the premises at anyone
time.
(D) It is a defense to prosecution under SECTION B of this ordinance that
each item of descriptive, printed, film, or video material offered for sale or rental, taken
as a whole, contains serious literary, artistic, political, or scientific value.
(E) Each day on which a violation occurs shall be a separate and distinct
violation.
SECTION. 10. AMENDMENTS
SECTION B of this ordinance may be amended only after compliance with the
procedure required to amend a zoning ordinance. Other sections of these regulations
may be amended by vote of the city council without compliance with the procedure
required to amend a zoning ordinance.
SECTION B. That Section 7-500, Table A-Industrial of the Zoning Ordinance of
the City of La Porte is amended by adding a new subpart to read as follows:
USES (SIC CODE #)
B-1
ZONE
L-I
H-I
Adult Oriented Business
*
*
P(G)
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That Section 7-700, Special Use Performance Standards of the
Zoning Ordinance of the City of La Porte is amended by adding a new Subpart G to
read as follows:
G. Location of Adult Oriented Businesses
(A) A person commits an offense if he operates or causes to operate an adult
oriented business within 1,000 feet of any of the following, whether located within or
outside the corporate limits of the City of La Porte:
(1 ) a boundary of a residential district;
(2) the property line of a lot devoted to a residential use;
(3) a church;
(4) a school;
(5) a day care or kindergarten; or
(6) a public park or playground.
(B) For the purposes of Subsection (A), measurement shall be made in a
straight line, without regard to intervening structures or objects, from the nearest
portion of the building or structure used as a part of the premises where an adult
oriented business is conducted, to the nearest property line of the premises of a
church, school, day care or kindergarten, or to the nearest boundary of an
affected public park or playground, residential district, or lot devoted to a
residential use.
(C) A person commits an offense if he or she operates or establishes, or
causes or permits another to operate or establish an adult oriented business
which is located within 1,000 feet of another adult oriented business. The
distance between two adult oriented businesses shall be measured in a straight
line, without regard to intervening structures or objects, from the closest exterior
walls of the structures in which the businesses are located.
(0) A person commits an offense if he causes or permits the operation,
establishment, or maintenance of more than one adult oriented business .in the
same building, structure, or portion thereof.
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SECTION D. 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, 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 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 E. This Ordinance shall be effective fourteen (14) days after its
passage and approval. The City Secretary shall give notice of the passage of this
ordinance by causing the caption hereof to be published in the official newspaper of the
City of La Porte at least twice within ten (10) days after the passage of this ordinance.
PASSED AND APPROVED on this 23rd day of September, 1996.
CITY OF LA PORTE
l~tp
N man L. Malone, ayor
ATTEST:
~~a ~
Sue Lene~ City Secretary
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--..................-.-----.....................................u.._...---...._........._..........._.......................
PAGE 8 . THE BAYSHORE SUN . SUNDAY, AUGUST 11, 1996
;~~
THE STATE OF TEXAs'rt\f~r'~>' . I
COUNTY OF HARRISP(.;';1';"<:.:~:,; . \>".
,~I~ ?F~,~~~;;i~~~1i~\i:i
. - NOTICE-OF ~UBUC. HEARING .;7.\: ~
'. -.;.;- _:_. ~"'~..t:';C.:-'- ...._...:...:t:..,~_~.,.::.-;....v.. ,\':':-'...", :;~.
." :_,..,.;:.~,::-~:,:J-~~;.,:;:::2~.1 ~.
In accordance with the prOvisiOns of:
.Ortinance 1501,1he City of La Porte Zoning:
Ordinance, notice is hereby given that the,
La Porte City Council will conduct a public:
hearing at 6:00 p.rn. on the 26th'dayof.
AugUst. 1996, in the Council CharTmers of
the City Hall, 604 West Fail1l'l()nt Parkway,
. La Porte, Texas. The purpose.of this hearing .
is to -reCeive citizen comments regarding
. a proposed amendment to the City's
Zoning Ordinance relating to the location.
and regulation of Sexually 'Oriented '
Businesses within'the corporate limits of
the CIty. ':, ':~~: ~ ' ;. i.>,: '.':
A regular meeting of the CItY CoUncil:
will . follow the public hearing for the'
purpose of acting upon the public hNring :
item and to. conduct other.. matters.'
pertaining to the City Councit., . ,
... CItizens wishing to address the Council'
pro or con during the public hearing will be:
required to sign in before the meeting. is: '
convened;..'. . .,.~ . ;. . .
~. .~.
'.
CITY OF LA PORTE::
Sue LeneS:'
City Secretary: :
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COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF. \
CITY OF LA PORTE
slNorman L. Malone
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ATTEST:". .
sf Sue LEmes ;.. ~
City Secr~ta.rY- ..:.
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REQua FOR CITY COUNCIL AGENDA~
Agenda Date Requested: September 9. 1996
Requested By:
Louis Rigby
Department: Administrative Services
Report
Resolution
Ordinance
Exhibits:
Memorandum of August 22, 1996
TML-IRP Ballot
SUMMARY & RECOMMENDATI6N
The Texas Municipal League-Intergovernmental Risk Pool (TML-IRP) is asking that the City
of La Porte participate in the election of its Board of Trustees for Places 1 through 4. The City
may vote for one nominee in each place.
Action Required by Council:
Vote for one TML-IRP Board of Trustees nominee, in each place.
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 A~enda
flrd.
City Manager
prItt
Da I
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e
CITY OF LA PORTE
INTEROFFICE MEMORANDUM
August 22, 1996
TO:
Mayor and City Council
,~~
FROM:
Louis Rigby, Director of Administrative Servic
SUBJECT: TML-IRP Board of Trustees Election
The City of La Porte is a member of the Texas Municipal League Intergovernmental Risk Pool
(TML- IRP) which is a self insurance pool created by its members to provide workers'
compensation, liability, and property coverages to participating members. The pool is governed
by a fifteen member Board of Trustees comprised of representatives from political subdivisions
participating in the self insurance programs and citizen members who are recognized in their
field and who possess particular expertise to complement the board. The Board works on behalf
of all members, overseeing a commitment to quality service and financial stability.
I have attached a copy of an official ballot for the Board of Trustees election for Places 1
through 4. Those listed in Place 1, 2, and 3 are currently serving on the Board. The current
member in Place 4, Mayor Arturo Guajardo of San Juan, chose not to run for re-election and
will be replaced by one of the nominees listed. The City of La Porte may vote for one nominee
in each place.
This item will be brought before Council at the September 9, 1996, meeting. If you need
additional information, please do not hesitate to ask.
xc: Robert T. Herrera, City Manager
~FFICIAL BALLOT e
Texas Municipal League Intergovernmental Risk Pool
Board of Trustees Election
Ballots must reach the office of the Tony Korioth, SecretaIy of the Board of the Intergovernmental
Risk Pool no later than September 30, 1996. Ballots received after this date cannot be counted.
All ballots should be mailed to: Trustee Election, Tony Korioth, Secretary of the Board, P.O.
Box 26780, Austin, Texas 78755.
The names of the officials listed on this ballot have been nominated to serve a six-year term on
the TML Intergovernmental Risk Pool (Workers I Compensation, Property and Liability) Board
of Trustees.
Each member of the Pool is entitled to vote for Board of Trustee members. Please record your
choices by placing an "X" in the square beside the candidate's name. You should vote for one
candidate from each place.
PLACE 1
[K] Robert T. Herrera, City Manager, City of La Porte (Region 14). Mr. Herrera
has served as City Manager since October 1986. Mr. Herrera has served on the
TML Intergovernmental Risk Pool Board since May 1993. Mr. Herrera was a
member of the TML Legislative Policy Committee on Personnel and the
Attorney General's Municipal Advisory Committee. Mr. Herrera-has-served on
the Board of Directors of tue La Porte Chamber of Commerce. He recently
served on the Chancellor Search Committee to recruit a new Chancellor for the
San Jacinto College System and serves on the Southeast Economic Development
Board. Mr.Herrera has a Bachelor's Degree in Finance/Economics from Baylor.
WRITE IN CANDIDATE:
PLACE 2
[K] Saul N. Ramirez, Jr., Mayor, City of Laredo (Region 7). Saul Ramirez was
elected to the City Council in 1982, in 1990 was elected Mayor and re-elected
in 1994. During his tenure, Mayor Ramirez has developed numerous projects
to aid the City's rapid growth. Mayor Ramirez serves on the United States
Conference of Mayors Advisory Board, TML Committee on Insurance Funds,
Chair of TML's Policy and Personnel Committee and co-Chair of the United
States Conference of Mayors Task Force on Immigration. Mayor Ramirez has
served on the TML Intergovernmental Risk Pool Board of Trustees since 1989.
WRITE IN CANDIDATE:
PLACE 3
[K]
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David Prewitt, Mayor of Ralls (Region 3), having served in that position since
1988. Mr. Prewitt has served as President of the Ralls School Board for 11
years, Director of the Education Service Center, Region XVII, President of
TML Region 3, several co-op gin and church boards. Mr. Prewitt currently
serves on the TML Intergovernmental Risk Pool Board of Trustees and as
liaison to the TML Group Benefits Risk Pool.
WRITE IN CANDIDATE:
PLACE 4
D
D
D
D
Donald B. Davis, City Manager, City of Stephenville, (Region 8) since 1989.
Mr. Davis has over 25 years of experience in municipal government, 17 as a city
manager. He has served as City Manager in Big Spring and Palestine, Assistant
City Manager of Hurst and Administrative Assistant to the City Manager in
Lubbock. He received a BA from Texas Tech in 1966 and was a recipient of the
Clarence E. Ridley Scholarship, offered by the Texas City Management
Association.
Roger Eades, City Commissioner/Mayor Pro-Tern, City of Hereford (Region
2). Mr. Eades has been a City Commissioner for six years and Mayor Pro-Tern
for four years. He has been in the insurance business for 19 years, having
served as an underwriter with several large firms and for the last 13 years, as
an independent agent.
Tom Ferguson, Director of Finance and City Secretary, City of Big Spring
(Region 4), where he has worked for the City for 21 years. Mr. Ferguson is a
member of Government Finance Officers Association of Texas (GFOA T) and
Government Treasurers of Texas (GTOT). Mr. Ferguson is Region 4 Director
of GFOA T and is active in GTOT and Texas Municipal Clerks Association and
is also Risk Manager for the City. Under Mr. Ferguson's guidance, the City has
received Certificate of Achievement for Excellence in Financial Reporting for
the last 8 years.
Truitt Gilbreath, City Manager, City of Pflugerville (Region 10). A City
Manager in Texas for several years and the current manager of Pflugerville, a
high growth city north of Austin. Mr. Gilbreath has a graduate degree in
Busine~s with masters level degree in Psychology from East Texas State
University. He is a veteran of the Vietnam era and is married with one daughter
attending college. Mr. Gilbreath has a strong interest in maintaining good
benefit programs for employees.
D
D
D
D
o
00
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Paul C. Isham, City Attorney, City of Grand Prairie (Region 13), where he has
served in that capacity since January 1993. Mr. Isham has more than 25 years
of municipal law experience. He has served as city attorney for the cities of
Austin, Fort Worth, Denton, Mansfield and Westlake. Mr. Isham has also
served as municipal judge for the cities of Denton, Edgecliff Village and River
Oaks. He is a former board member of TML and Texas City Attorneys
Association, and a member of the International Municipal Lawyers Association.
Herbert L. Johnson is Mayor of the City of Hempstead (Region 14) since 1990,
an elected official since 1980 and a retired school administrator. Mr. Johnson
currently serves on the TML Legislative Policy Committee on Community and
Economic Development and is a representative to the General Assembly of the
Houston-Galveston Area Council. Mr. Johnson was appointed by the
Governor's office to serve on the Texas Review Board for the approval of Grants
to Regional Municipalities in the State of Texas and is also active in a variety of
other community and state organizations.
Francis E. Parks, City Manager, City of Weimer (Region 14), where he has
worked for the City of Weimer since 1976. He is a member of the Board of
Directors of Texas Public Power Association having served as President, Vice-
President, and Secretary/Treasurer. Mr. Parks is a founding member and
Director of CEN- TEX Certified Development Corporation, and is a founder and
President of Central Texas Recycling Association, a marketing cooperative for
rural cities and counties.
Tom Reid, Mayor, City of Pearland (Region 14), where he was reelected in
May 1996. Mayor Reid's prior city experience includes 13 years as Mayor, 6
years as a council member. Mayor Reid served as President of TML Region 14
and a member of the TML Board of Directors for 10 years. Mayor Reid has
served as President of AMCC, President of Houston-Galveston Area Council
of Governments and President of the Texas Association of Regional Council of
Governments.
Hartley Sappington, Director of Community Services, City of Georgetown,
Texas (Region 10). He has served in this capacity since 1986 and also serves
as Acting City Manager. He has been active in developing risk management
and safety programs and procedures for the City. Mr. Sappington supervises
the safety sensitive departments for the municipal airport, animal control and
public collection station. He is a member of the Austin Area PRIMA Chapter,
and a member of the City's Emergency Management Team.
Cathy Smith, Councilmember, City of Conroe (Region 14). Ms. Smith has
been a City Council member since 1989. She is a member of the HGAC
Transportation Policy Council, and currently serves as Co-Chairperson of the
Transportation Policy Council. Along with many other State and National
Organizations, she has been an active member of Texas Municipal League,
currently holding the position of President, Region 14.
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Dennis L. Smith, City Manager, City of Brady, Texas (Region 6). He has been
City Manager of Brady since 1995. He previously served as Administrative
Assistant for the Public Works Director and Assistant to the City Manager of
College Station, and Assistant City Manager of Converse, Texas. He is a
graduate of West Chester University in Pennsylvania and has an MPA from
Texas A&M University.
D
Dwight D. Thompson, Mayor of West Lake Hills, Texas (Region 10), since
May 1996. He previously served as a Council member of West Lake Hills for
one year. Mr. Thompson is a graduate of Leadership Arlington and was
Reserve Police Officer of the Year in 1983 in Arlington. He served as a
Member of the Materials and Construction Specifications Subcommittee of the
North Central Texas Council of Governments from 1979-1994. Mr. Thompson
has a 10 from Texas Wesleyan University and an MBA from the University of
Dallas .
D
Wanda Thompson, Council member , City of Morton, Texas (Region 3). Ms.
Thompson has served as a council member for 10 years. Ms. Thompson has
been involved in the insurance business since 1983, selling crop, life, health,
long term care and dental insurance. She serves on the Board of Directors for
the South Plains Economic Development District, Board of Directors of the
Morton Senior Citizens, Past President of the Women's Cotton Organization and
Past President of the American Business Women Association Chapter.
D
Victor Vinton is the Mayor of Pearsall, Texas (Region 7). He was first elected
to the Pearsall City Council in 1978 and has served as a council member for 14
years. Mr. Vinton was elected Mayor in 1992. Mr. Vinton has served as a
member of several civil and state organizations including committees of the
National League of Cities and National Association of Latino Elected Officials.
Mr. Vinton is a graduate of North Texas State with a Master's degree in
education. Mr. Vinton is currently employed as an educational administrator in
Atascosa County.
D
William L. Walker, Assistant Secretary, Harris County Municipal Utility
District #151 (Region 14). Mr. Walker has over 25 years in the insurance
industry with two prominent national firms, focusing on public entity business
and the operations of risk pools. Mr. Walker is a member of the Atascocita
Joint Annexation Committee and an active member of the Texas chapter of
Public Risk Management Association. He holds the Associate in Risk
Management designation from the Insurance Institute of America and attended
the University of Connecticut.
WRITE IN CANDIDATE:
.
e
BALLOT MUST BE SIGNED TO BE COUNTED
Certificate
I certify that the vote cast above has been cast in accordance with the will of the majority of the
governing body of the public entity named below.
Witness by hand, this 23rd day of September
, 1996.
110~~~~~
Signature of Autt<<>rized lcial
~
City of T.,q Pnrrp
Name of Political Entity